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03/04/1968 - 00020426� � THE MINIITES OF THE REGIILAR COUNCIL ME�TING OF MARCH 4, 1968 The Regular Council Meeting of March 4, 1968 was called to order by Mayor ICirkham at 8;00 P.M. OPENING CEREMONY• Mayor Kirkham asked everyone to stand and �oin in saying the PLedge of A1legiance to the F1ag. Father Keefe from St. William's Church gave the Invocation. ROLL CALL: MEMBERS PRESENT: Kirkham, Lieb1, Harris, Samuelson, Sheridan MEMBERS ABSENT: None APPROVAL OF MINUTES, REGULAR COIINCIL MEETING OF FEBRUARYI9, 1968: Councilman Liebl requested that the Minutes be corrected on page 15, striking the word, "he", so that the start of the sentence in the fifth line of the second paragraph wi11 read, "Councilman Liebl said this would be fine if the land was to be used in the near future,". The extra word has to be taken out for the sentence to make sense. MOTION by Councilman Liebl to adopt the Minutes of the Regular Council Meeting of February 19, 1968 as corrected. Seconded by Councilman Samuelson Upon a voice vote, there being no nays, Mayar iLirkham declared the motion carried unanimously. APPROVAL OF MINIITES, SPECIAL MEETING OE FEBRUARY 26, 1968: MOTION by Councilman Harris to adopt the Minutes of the Special Council Meeting of February 26, 1968 as presented. Seconded by Councilman Samuelson. Upon a voice vote, there being no nays, Mayor Kirkham declared the motion carried unaaimously. ADOPTION OF AGENDA: Mayor Kirkham said there wese two general contractor's to 6e added to the list of licenses - the Belgarde Construction Company znd House Clinic Store, Inc , and Item 16, "AWARDING OF CERTIFICATES OF ACHLEVEMENT TO THE HIGH SCHOOL WRESTLING TEAM AND COACH, AND AWARDING OF CERTIFICAT�S OF APPRECTATION TO PAST COMMITTEE AND COMMISSION MENIBERS", and Item 17, "DISCUSSION OF INSPECTION OF NEW CONTRACTORS" should be added to the agenda. MOTION by Councilman Samuelson to adopt the agenda as amended. Secoaded by � Councilman Sheridan. Upon a voice vote, there being no nays, Mayor kirkham declared the motion carried unanimously. ( / � �1 REGIILAR COUNCIL MEETING, MARCH 4, 1968 PAGE 2 RESOLUTION ��31-1968 - AUTHORIZING THE CITY CLERK TO WITHDRAW THE CERTIFICATION OF SPECIAL ASSESSMENTS ON THAT TAX FORFEITED PROP$RTY SOLD DURING THE YEAR 1968 AND FURTHER AUTHORI2ING THE RECERTIFICATION OF SAID ASSESSMENTS: The Finance Director stated that he had received a call from the County requesting that if the lots are to be placed on sale this year, the Council act on them at this meeting. He said that the Council could approve the list sub�ect to the lots the Parks and Recreation Department is interested in, and any lots the Council may be interested in. He said that if the Council had any further requests before the sale in April, he did not think the County would turn down their request to redtag them. The Council discussed passing the resolution so that the County can start setting up their sale, with the reservation that the City can withdxaw the lots they are interested in before the sale. The Council decided to look at the map' showing the tax for£eit lots at the end of tfie meating. MOTION by Councilman Harris to adopt Resolution �i31-1968. Seconded by Councilman Sheridan, Upon a voice vote, there bezng no nays, Mayor Kirkham declared the motion carried unanimously. BIDS - TOWING AND IMPOUN➢ING (OPENED 10:30 A.M., MARCH 4, 1968): Following are the bids; Day Call Each (6 a.m. to 9 p.m.) Night Ca11s Each (9 p.m. to 6 a.m.) Snowbirds Motorcycles Accidents Indoor Storage Per Day Outdoor Storage Per Day Snowmobiles BTDDERS Kelkar, Inc. D/B/A A & A Automotive Columbia Heights $ 5.75 7.25 4.75 6.50 9.75 per hour 2.00 per day 1.25 per day 4.50 Shorty's Towing Service Fridley, Minnesota $ 6.00 8.00 6.00 8.00 10.D0 per hour 2.00 per day 1.50 per day 6.00 Councilman Harris said that it has come to his attention that the State Statutes requ�re that a towing wrecker weight 8,000 lbs. He asked Mr. Gibbs, who was sitt�ng in for the City Attorney, if the Council was bound by this Statute. Mr. Gibbs said that under State Statute 169, the minimum weight allowed is 8,000 lbs. with a crane and winch, and the City is obligated under these Statutes. Councilman Harris said that if this is the case, Shorty's Towing Service would be the only bidder that qualified. The President of Kelkar, Inc., the only other company that bid on the towing contract, stated that they have only recently learned that, although the truck they plan on using was licenced by the previous owner as being under 7,000 lbs., the previous owner now says that the truck weighs about 8200 lbs, so that in the final analysis, his company is capable of ineeting a11 requirements. He said that they will be relicensing the truck, now that this has been brought to their attention. Mr. Gibbs said that if an owner knowingly registers a vehicle at a lessor weight, it would be a criminal offense. ' 1 1 � , REGULAR COUNCIL MEETING, MAACH 4, 1968 � Councilman Lieb1 asked who the pres�nt towing license was held by. Mayor KLrkham said that it was Shorty's Towing Service. Councilman Lieb1 said that as far as he could see tkte present license holder has two trucks of adequate weight, they are on the main highway of Fridley, and he has received no complaints that they are not doing a satisfactory business. S-Ie said he would be in favor of giving the bid Co Shorty's Towing Service. Mayor Kirkham said that the other firm has a reputation equally as good, but the fact remains that Kelkar's truck does not meet the requirements, and there is no other choice for the Council but to award to the company whose truck complies with the State Statutes. The President of Kelkar's Inc, said he �aould ob�ect to this, as they would like a fair chance to demonstrate that they comply with the State Statutes also. Councilman Harris said that he felt the Council must go on the weight of the truck as stated on the title card, ge said that this should have been changed prior to making a bid. Mr. Gibbs said that the Council was bound by the facts now before them. He said he did not believe the Council would want to start aLlowing parCies to change their bids. MOTSON by Councilman Harris that, on the basis of the weight reqmrement, the Council award the bid for towing and impounding to Shorty's Towing Servic� for the year 1968. Seconded 6y Councilman Liebl. Upon a voice vote, thete being no nays, Mayor Kirkham declaxed the motion carried unanimously PAGE 3 BIDS - ANTMAL CONTROL (OPENED 10;30 A.M., MARCH 4z 1968): � Mayor Kirkham said the only bid received was from the company presently servicing Fridley, Councilman Samuelsoa asked how the contract was strengthened. The City Manager said that the company now had to report the areas they have patrolled and the time it was patrolled, and when a comp7ainC was received tl�y we�� to answer the complainant. Councilman Harris questioned whether the company could set up a systematic method of patrol so they would be in such and such an area on such and such a dap, so the Council would know in advance where they would be, rather than after a certain area was patrolled. He suggested that something be worked out with the bidder. The City Manager said that this suggestion had merit, and he also stated that the school areas have been stressed to B & E Patrol. MOTION by Councilman Samuelson to �ward the animal control c�rntract to B& E Patrol for $3,600 for 12 months, with cancellation terms as outlined in the mntract. Seconded by Councilman Lieb1. Upon a voice vote, there being no nays, Mayor Kirkham declared the motion carried unanimously. COMM[TNICATION; N.S.S.S.D. - KTNG CHALET: Councilman Harris said that the North Sub�trban Sanitary Sewer Diserict agrees with the essence of Mr. Lindell's request, and he would recommend they return the check to King Chalet until such time as the business uses more than 29 R�CS. He said that the City will continue to meter their water, and the REC assign- � ment wi11 be changed when they reach this level. Councilman Sheridan said that this will be done to anybody who exceeds the REC 1eve1 estab�ished originally. , �I_ [, i, dJU�a , REGULAR COUNCIL MEETING, MARCH 4, 1968 PAGE 4 MOTION by Councilman Harris to return the check for $6D0 to the Kxng Chalet and ask the Administration to notify the Council at such time as the King Chalet should exceed the 29 RECs assigned, and at that time the King Chalet wi11 be charged the additional REC charge. Seconded by Councilman Sheridaa. Upon a voice vote, there being no nays, Mayor Kirkham declared the motion carried unanimously. BUILDTNG STANDARDS-DESIGN CONTROL SUBCOMMITTEE MEETING MINIITES, FEB%UARY 2S, 1968: 1 Mr. Roy Carlson and Mr. Herb Bacon representing the Fridley State Bank were present at the Couacil Meeting. The City Engineer showed the proposed plans which wi11 double the size of the bank. The City Engineer said that according to the current zoning requirements, they wi11 not be allowed to have one of the curb openings they have bee❑ using, and according to the zoning requirements, they wi11 be required to have sidewalks along the road. Councilman Harris said that the Council has been requiring sidewalks on all other C-1 and G2 zon�ng, and he felt the bank should have them also. Mr. Carlson asked what the policy wi11 be for property to the north and to the south of them, so that the sidewalks will not be �ust piecemeal. Councilman Harris said that the only way sidewalks can be required is on new construction and on improvements or alterations. He said that this had heen required of the new Mc➢onald's and Holiday station. There was a discussion about the new lines NSP will be putting in, and how they will affect sidewalks in the area, and they discussed moving the bank sign which does not conform at present. Mr, Carlson said they would like to move this sign to 63rd Avenue instead of University Avenue so it could be- � higher and could direct traffic down 63rd to the back of the bank. Mr. Carlson discussed the traffic tie-up at the corner of the bank, and asked if there was someone the Counc�l could suggest they go to for advice on the traffic problem. Gouncilman Harris said that the Holiday people had a man who dealt strictly. with the traffic, although he did not know if they could help the bank. There was a discussion about sidewalks on 63rd Avenue. Mr. Carlson saYd they would lilce to plant trees along here until the area deveZops, and at that time plans could be discussed with the Council. He said that the plantings could be planned around a future sidewalk. Councilman Harris said that this street is not a main arterial, but no one knows how it will develop, and sidewalks may be wanted in the future. Mr. Bacon asked if the sidewalks would be on private property or City property. Councilman Sheridan said that sidewalks in commercial areas have been on private property, and this policy is fairly we11 established. Mr. Garlson asked if there was any reason they could not get the�r foundation permit at this time, and make the final 6uilding permit sub�ect to the require ments requested. MOTION by Councilman Harris that a foundation permit be issued to the Fridley State Bank, and that granting of the final building permit be sub�ect to the , ' ' REGULAR COUNCIL MEETING, MARCH 4, 1968 J � � f Ir PAGE 5 ' stipulations rega�rding the receipt and appioval of a final plot plan, land- scaping plan, traffic pattern, and sidewalks. Seconded by Councilman Samuelson. Upon a voice vote, there being no nays, Mayor Kirkham declared the motion carried unanimously. MOTION by Councilman Samuelson to receive the remainder of the Building Standards- Design Control Meeting Minutes of February 28, 1968. Seconded by Councilman Sheridan. Upon a voice vote, there being no nays, Mayor Kirkham declared the motion carried unanimously. RESOLUTION -0k32-1968 - IMPOSING LOAD LIMITS ON PUBLIC STR�ETS AND HTGHWAYS IN THE GITY OF FRIDLEY: Counci]man Harris asked if Chis was the same xecolution listing the same streets that has been passed ia the past, The City Engineer said that as the streets are built to higher standards, they are eliminated from the list. He said that in the past there were many streets that were not up to standard, but once they conformed to state and couney road limits they were taken from the 1ist. The City Engineer said that in the past the CiYy has been issuing many permits for such things as cement trucks to travel over the roads, but this year they plan to only issue permits to people 1n dire ne2d, such as moving in or out of a house. The Council agreed Chat this was necessary to protect the streets, and it would be an administrative decision as to which permits were �ustified. Chief McCarthy said that the City had no way to enforce the load limrts , effectively as we do not own scaLes. He saLd that there Ls a mLnLmum distance a truck xs required to travel to be weighed, hut he thought the scales at Minnesota Linseed Company would come within that distance. Mr. Gibbs pointed out that the City would have to pay any charge, unless a truck was overweight and there was a fine. Mr. Gibbs said he would check the regulations on mileage and give this information to the Chie£ of Police. There was a discussion about the possibiLity of using the scales of the Wyatt Company in the north end of Fridley also. The Council suggested the Administration work out a reasonable program, so there is adequate enforcement for the load restlrctions. MOTION by Councilman Liebl to adopt Resolution ��32-1968. Seconded by Council- man Harris. Upon a voice vote, there being no nays, Mayor Kirkham declared the motion carried unanimously. PLANNING COMMISSION MEETING MINUTES, FEBRUARY 29, 1968: 1. CONTINUED REZONING REQUEST: ZOA 4�68-01, EL➢ON SCHMEDEKC: Councilman Harris said that a Public Hearing is scheduled on this request for March L1, 1968, so the only action necessary would be in receiving the m�nutes. ' The City Engineer showed the Council a map and explained that Mrs. Gedig had owned a11 the property shown� but she has sold two lots, and would like to retain 5 feet around her house for such things as taking the storm windows off. ,�: �� REGULAR COUNCIL MEETING, MARCH 4, 1968 PAGE 6 MOTION by Councilmaa Samuelson to concur with the recommendation of the ' Planning Commission and approve the Lot Split as requested bq Ruth Gedig. Seconded by Councilman Lie�l. Upon a voice vote, there being no nays, Mayor Kirkham declared the motion carried unanimously. RICE CREEIZ ROAD/CENTRAL AVENiTP, PLAN: The City Engineer said that the Planning Commission has been working on this plan for over 9 months, and has resolved a street plan that they recommend be adopted as a guide to be used when individuals in the area start planning their property, at which time suggestions and deviations could be made �f necessary. Councilman Sherxdan said he had received a ca11 from one of the affected property owners, who ob�ects to the plan, and he had told him he did not think the Council would be taking action on it at this meeting, as it is the first time the Council has seen it, so Councilman Sheridan said he would request that the Council table this item until the next meeting when this property owner could appear, MOTION by Councilman Shetidan to table consideration of the Rice Creek/ Central Avenue Plan untiZ the regular Council Meeting of March 18, 1968. Ae said that he would contact the interested property owner. Seconded by Council- man Samuelson. Upon a voice vote, there being no nays, Mayor Kirkham declared the motion carried unanimously. MOTION by Councilman Harris to receive the remainder of the planning Commission Meeting M�nutes of March 4, 1968. Seconded by Councilman Samuelson. Upon a ' voice vote, there being no nays, Mayor Kirkham declared the motion carried. Councilman Harris said that in regard to the Schmedeke rezoning, for which there is to be a public hearing next week, he would suggest that the Council keep in mind that rt might be in order for them�to haoe a meeting with the Planning Commission on the whole general area, before individual requests are considered. He said that the policy is usually to close the public hearing and not make a determination the same evening, and he would suggest they follow this policy and then hold a meeting on the general area. Mayor Kirkham said he thought the Planning Commission would appreciate some communi- cation from the Council. Mr. Schmedeke said that at this time he is interested in his own lot, but he would be happy to work with a planner or the Planning Commission on the whole area. RESOLUTION ik33-1968 - ORDERING PRELIMINARY PLANS AND SPECIFICATIONS FOR STREET IMPAOVEMENT PROJECT N0, ST, 1968-3: The City �ngineer said that this resolution is basically setting the program the County will be putting in, and in which the City wi11 share the cost of sidewalks and curbs. Councilman Lieb1 said he would like to see exactly what is planned for the west sexvice drive on T.H. #47 and Mississippi Street, and would like to know how much right-of-way must be acquired. The City Engineer said that he would give him a copy of the plan. Councilman Harris asked if this pro�ect wi11 cover the loop on Star Lane. 2he City Engineer said it ' would not. He said this was 6 pro�ects under one contract that the County is letting and supervising, and the County and City will share the cost. He Said that on the West University Service Drive, the cost wi11 be shared by the State and C�ty. He said that hopefully this wi11 a11 be done this year. 1 , ' REGULAR COUNCIL MEETING, MARCH 4, 1965 MOTION by Councilman Samuelson to adopt Resolution �i�33-1968. Seconded by Councilman Liebl. Upon a voice vote, there being no nays, Mayor Kirkham declared the motion carried unanimously. RESOLUTION 9k34-1968 RECEIVNG THE PRELIMINARY REFORT AND CALLING A PUSLIC HEARING ON THE MATTER OF THE CONSTRUCTION OF C�RTAIN IMPROVEMENTS, STREET IMPROVEMENT PROJECT ST, 1968-3; f_ .� 1J� �. PAGE 7 MOTION by Councilman Harris Co adopt Resolution ik34-1968. Seconded by Council- man Samuelson. Upon a voice vote, there heiag no nays, Mayor Kirkham declared the motion carried unanimously. STREET DEDICATION - ING SIVERTS: The City Engineer said he had received a request from Ing Siverts requesting that the City accept a deed for street purposes to his property, The Crty Engineer suggested that this be processed as a normal lot split, so that it wi11 come back before the Council with a recommendation. MOTION by Councilman Samuelson that the Council receive the request and refer it to tihe Administration to be processed through the norm,al channels. Seconded by Councilman Sheridan. Upon a voLCe vote, there being no nays, Mayor Ilir kham declared the motion cazr�ed. CLAINLS : Councilman Sheridan questioned paying the claim to Horwath & Horwath. It was pointed out that this was in payment of extra liquor study reports the City had ordered, and had nothing to do with the original bill. MOTION BY Councilman Harxis to pay the General Claims ��14291 through ��14395 and Liquor Claims ?k1980 through ��2005. Seconded hy Councilman Samuelson. Upon a voice vote, there being no nays, Mayor Kirkham declared the motion carried unanimously. LICENSES• Two new General Contractors were added to the list of licenses: Selgarde Construction Company� requested by Charies ,Belgarde, 7841 Wayzata Boulevard, Minneapolis, Minnesota and House Clinic Store, Inc., St. Paul. MOTSON by Councilman Lieb1 to approve the licenses to the Belgarde Construction Company and House Clinic Store, Inc, upon submission of a formal appplication, sub�ect to approval by the AdministratLOn, and approve for licensing the following: GENERAL CONTRACTOR Riley Constructioa 2744 Lyndale Avenue South Minneapolis, Minnesota HEATING, Northwest Co. of St. Pau1 1373 Se1by Avenue St. Paul, Minnesota by; 5. A. Riley by; A.L. Gaughan APPROVED BY: NEW Bldg, Insp. NEW P1bg. Insp . r.- , �y .. � REGULAR COUNCIL I�ETING, MARCH 4, 1968 HEATING Pzeferred Sheet Metal 3088 No. Rice Street St. Paul, Minnesota CAFE by: Joseph F. Murray PAGE 8 APPROVED BY , NEW Htg. Inspt. Hullabaloo C1ub by; Merle Krotoska NEW Health Inspectox 6225 T.H. 4k65 Fridley, Minnesota The motzon was seconded by CounciZman Sheridan. I7pon a voice vote, there being no nays, Mayor Kirkham declared the motion carried. ESTIMASES: Councilman Harris asked about the estimate regarding Commerce Park, as he said the final mat is not on Commerce Lane, The City Engineer said that a final mat is not being put on at this time as the contract did ttot ca11 for it. He said that when the area is developed, the curbing and final mat will be put in. Councilman Liebl asked if a11 the estimates that are final have 6een ?.nspected and found completely satisfactory. The City Engineer said that the pro�ects have been checked by his staff and this is their recommendat�on to him. He said that these were mostly 1965-1966 pro�ects. MOTION by Councilman Sheridan to approve the following estimates; Berglund-Johnson, Inc. General Contractors P.O. Box D 351 2nd Street Excelsior, Minnesota 55331 Estimate No. l(I/5/68) Fridley Municipal Garage - 12/21/67 through 12/31/67 for General Construction (Partial) Estimate No. 2(2/2/68) Fridley Municipal Garage - 1/1/6S through 1/31/68 for General Construction (Partial) C, S. McCrossan, Incorporated Aoute �'k2 Osseo, Minnesota Estimate No. 5(Final) Municipal State Aid Improvement Pro�ect ST. 1966-2 according to contract (Including Change Order i�1) (West Moore Lake Drive & Rice Creek Road from Central Avenue to Baker Avenue) $ 5,003.00 9,644.00 $ 14,647.00 $ 22,780.72 ' L J ' � � REGULAR COUNCIL MEETING, MARCH 4, 1968 C.S. McCrossan, Inc., (Continued) Estimate �'�9 (Final) Street Improvement Pro�ect ST. 1965-1 according to contract (Including Change Orders ikl, 4�2, and i63) (1965 Municipal Program) Estimate No. 5(Fina1) Street Improvemeat Pro�ect ST. 1966-4, Schedule A accoxding to the contract (including Change Order �k1) (Plymouth Addition) Estimate i65 (Final) Street Improvement Pro�ect St. 1966-6 according to the contract (Including Change Order �61) (Commerce Park) Fin.al ReLease of Money for Street Ympxovement Pro�ect ST. 1965-2 according Co the contract (1965 State Aid Program) PAGE 9 $ 8,839.90 15,960.16 18,272.70 4,000.00 The motion approving the estimates was seconded by Councilman Samuel�e.n. Upon a voice vote, there being no nays, Mayor Kirkham declared the motion carried unanimously. PETITION ��Z-1968 - STREET - ONONDAGE STREET NORTHEAST FROM HAYES STREET TO BACON DRIVE: The City Engineer said that this petition is only for one part of the rcrwd, and storm sewer was installed in the area last year, and a11 utilities are in, so when the report is brought back to the Council, he wi11 request they review and call a public hearing for the whole area. MOTION by CounciLman Samuelson to xeceive Petition ;�2-1968 and refer rt to the Administration for processing. Seconded by Councilman Sheridan. Upon a voice vote, there being no nays, Mayor Kirkham declared the motion carried unanimously. 26 fl MOTION by Councilman Harris to receive the minuCes of the Parks and Recreation Commission, and concur with the properties to be withdrawn from the County tax delinquent property sa1e. Seconded by Councilman Sheridan. Upon a volce vote, there being no nays, Mayor Kirkham dec�ared the motion carried unanimously. DATE SET FOR AWARDING CERTIFICAZ'ES OF ACHIEVEMENT TO THE IIIGH SCHOOL WRESTLING TEAM AND COACH AND CERTIFICATES OF APPRECIATION TO PAST COMMITTEE AN➢ COMMISSION MEMBERS: The Council discussed a date for the presentation of the awards, and decided on the next regular Council Meeting of March 18, 1968. Councilman Harris suggested that Che press be given coples of the certificates she�wing who they honor, so that it can be put in the newspaper. i'i, � n,l � ^ RP�GULAR COIINCIL MEETING, MP.RCH 4, 1968 PAGE 1D MOTION by Councilman Samue7son to concur with the awardYng of Certificates of Ac6ievement to the High School iarestling Team and Coach for being in the State Wrestling Championship Tournament, and to these former members of various committees; Mr. Wayne Saunders, Board of Appeals; Mr. Sames Spence, Park and Recreation Commission; Mr. Tom Mhyra, Mr, William Stukas, and Mrs. He1en Treuenfels of the Human Relations Committee. Seconded by Councilman Harris. llpon a voice vote, there being no nays, Mayor IZirkham declared the motion carried unanimously. DISCUSSION OF TNSPECTION OF NEW CONSTRUCTION: Councilman Liehl said that he would like to make sure that the inspection of the installation of sewers and new street construction be enforced to the letter, and that the City assign a man to check out the construction on a daiZy or at least a weekly basis. He said that the City has had to repaxr some mistakes that should have been the contractors responsibility. He said he would like some Council discussion on this, and would like to have the City,Engineer instructed to send men down to check on the contractor, which would both save money and enhance our community. He said that Councilman Samuelson had shown the Council an ordinance last year that would give the City Engineer more control to make the contractor do what he should, and he had thought this was an excellent idea, although he realized it dzd not cover private construction. Councilman Lieh1 said he felt these items should be followed through with. Councilman Samuelson said that the Planning Commission and City Attorney are sti11 looking at the ordinance, which when finished will put the burden of responsibility on the contractor doing the work, He said there will be a bond, which will only be released when the Administration says the �ob is done satisfactorily. Councilman Harris said that the contract with the Consulting Engineers has been changed to name the individual assigned to a �ob and his responsibilities. He said tliat the City had been the contractor last year, aow the engineering firm will be, Mayor IZirkham said he thought they would find that the changes being considered by the Planning Commission and City Attorney will give closer supervision than was possible in the past. AND 54TH AVENUE AND AND STH STREET; HEALTH WATER PROBLEM: RUS Councilman Liebl said that Mrs.9heilmann, 1540 Rice Creek Road, had called and said that the Chies Brothers were hauling dirt out of their pit again. Council- man Lzebl asked if their bond had been extended, or who had allowed this hauling. He said that if this information was correct, he would like the Administration to write a letter to Mrs. Tillman explaining this. The City Engineer said that the Council had given Mr. Chies permissxon to continue, sub�ect to getting an extension of his bond. Councilman Sheridan said he-thought the Council's intent was two-fold, to see if the bond could be extended, and if so, come back with an engineering analysis. The City Manager was to research the Minutes to see what the Council decision had been. Councilman Liebl said he had received some ca11s from people in the 2nd Ward asking why the City is filling land next to Moore Lake. Councilman Samuelson 1 1 ' REGIILAR COUNGIL MEETING, MARCH 4, 1968 � said this was being developed into park property. Mayor Kirkham said he had received calls on this also, and he had explained that the City is filling the swamp to make it useable park 1and. Councilman Liebl suggested that something should be in the newspaper about this so the people wi11 know. Councilman Liebl said that this was a problem of water sitting in the alley between 53rd Avenue and 54th Avenue and between 4th Street and Sth Street Northeast. He said that the paving of this alley had been approved before he was on the Council and paved last year. He said that the water is running and the sump hole in the alley is full now, and if the City does not make it deeper or clean it up, 3 property owners wi11 have water in their basements. The City Eng�neer said the excess water wi11 drain onto 53rd Avenue. He explained that 53rd Street was paved in 1964 and 1965, and when the a11ey was paved last year, the only way this area could have been connected to the storm sewer was to rip up the new street. He said the Council thought the sumphole would take care of the problem until the area eventually hooked onto the storm sewer at 53rd Avenue. Councilman Liebl said that the people feel that they are being assessed for the aLley and it should have been done right. The City Engineer said that the Council sometimes has Lo make a decision to do only 1/2 a �ob for many different reasons, and when the problems come, they forget the reason for the decision they had to make at the time. �l,r� J� _ � �� ,� PAGE L1 Councilman Lieb1 said that he had looked around a11 three wards and the health problems, garbage, �unk cars, etc. in the City were terrible and the residential � lots should be cleaned up. Councilman Samuelson said he agreed that the City needs a thorough cleaning and that a better 7ob could be done by the Inspection Department and also by the Police Department in reporting traffic control signs that are down. Councilman Lieb1 suggested that the press be notified early this year so the cleanup week will not fai1, and get letters out to the troublesome lots, so they cannot say they have noe been notified. Councilman Samuelson said that the Council should back the Administration in anything Chey can do to correct these problems. Councilman Liebl said he had received a ca11 from Mrs. Wallace Newman, 4543 - 2nd Street Northeast about the rusty City water she is getting. Ae said he would like an explanation of what causes this and what can be done about it. He said that the City has an iron removal plant, but the complaints have gone on for the last two years. He said he thought the people were entitled to decent water and an explanation, Councilman Lieb1 said he was bringing these problems to the aCtention of the Council so that the people wi11 know they are being taken care of-. Mayor Kirkham said that these Administrative problems could be brought right to the City Manager at any time.and did not have to wait for a Council Meeting. HARRIS: CONSULTING ENGINEER SEWER AGREEMENT AND NSP STREET LZGHT PLANNING LAYOUT: ' Councilman Harris asked when the new sewer agreement with Minaeapolis was to be brought before the Council. The City Manager said that he had requested that Mr. Comstock put some of the vexbal discussion items in report form, concerning certain segments of the contract. r; � ; REGIILAR COUNCIL MEETING, MARCH 4, 1968 VISITOR; ANDREW P. GAWEL, R�GARDING P.S. �k66-03 SHADY OAK AD➢ITION: PAGE 12 Mr. Gawe1 said he had missed the meeting at which the public hearing had been he1d, as he had not been notified that the date of the meeting had been changed from February 12th to February 13th. Councilman Harris said that the $iscussion had centered aroured where the drainage water wou2d go, He said the plan was fine, and the street pattern was fzne, but the problem was drainage. Councilman Sheridan said that this had been referred to the Planning Coromission because it ties in with the Rice Creek/ Central Avenue plan they have been studying, and which the Council will discuss on March 18th. Councilman Sheridan said that the public Hearing was held to approve the p1at, and the request was denied so another hearittg mu�t be held. It was suggested he could get together with the Crty Engineer to see what could be done. Councilma❑ Lieb1 said that Mr. Gawel will only have to pay for his share of any drainage pro�ect, but the other people have to be protected a1so, Mayor Kirkham said that the City cannot allow another home to be built until the problem �s solved, so there wi11 have to be another hearing. The City Engineer said there is a drainage plan for the area, and it has been presented to the Council. He said that if less than the plan is done there will be problems; to do it right the whole storm sewer system must be put in. Mr. Gibbs was asked about State Statutes governing drainage rights. Mr, Gibbs said that the City Attorney would be more familiar with drainage and watershed problems, but it appeared to him that in case law, a property owner could dispose of water on his property in any way as long as the damage accruing to the neighbor was not greater than the benefit accruing to him, He said that the City Attorney could check into this for the Council. MOTION by Councilman Harris to refer the question of the draina,�e of the Gawe1 property to the City Attorney and request that he bring this information to the Counczl at the Public Hearing Meeting of March 11, 1968. Seconded by Council- man Sheridan. Upon a voice vote, there being no nays, Mayor Kirkham declared the motion carried unanimously. FURTHER DISCUSSION OF LOrS TO REMOVE FROM TAX DELINQUENT PROPERTY SALE: The Council studied the map marked with the tax delinquent properties, and discussed the different lots the City may be interested in acquiring in the future. The Council decided to tag Lot 8, Block l, Spring Va11ey Addition because it is a large lot and may be big enough for a"Tot Park". They decided to tag every lot listed in the Hyde Park Addition, because of the potential rezoning, and until the street pattern is established. In Edgewater Gardens they tagged Lots L through 13, Block 7, and Lots 1,3,4,5, B1ock 6, because of the pending overpass or underpass on Mississippi Street. These lots were tagged in addition to the 1ot-s *_hat the Parks and Recreation Commission requested in their minutes of February 26, 1968. These lots were removed Erom the original list of lots as presented by the County, and the Council signed the authorization to permit the County to sell the remainder of the tax delinquent properties. ADJdURNMENT• There being no further business, Mayor Kirkham declared the Regular Council Meeting of March 4, 1958 ad�ourned at 10:20 P.M. Respectfully submitted, � (� �. ' , l , 1l/�� I ,I %/ ` � � � � � � � ziifi'�t � �- -• -�v s' � Mary Lu St om i � Jack 0 Kirkham Secretary to the Council �� M�YOR , ' '