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05/20/1968 - 00020241� .v. i �PFIE MINUTES OF THE REGULAR COUNCIL MEETING OF MAY 2O, 1968 The Regular Council Meeting of May 2D, 1968 was called to order ]�y Mayor Kirkham at 8:00 P.M. ROLL CALL• MEMBERS PRESENT: Ki�l.ham, Harris, Liebl, Samuelson, Sheridan MEMBERS ABSENT: None APPROVAL OF MINUTES OF THE SPECIAL COUNCIL MEETTNG OP APRIL 29. 1968: MOTION by Councilman Sheridan to adopt the Minutes of the Special Counca.l Meeting of April 29, 1968. Seconded by Councilman Harris. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously. APPROVAL OF MINUTES OF THE REGULAR COUNCIL MEETING OF MAY 6, 1968: Councilman Harris drew the attention of the Council to the motion of Page 14 of the Minutes of May 6, 1968 concerhing the bid award for the Police Quarters remodeling, and stated that he would lake to substitute for the motion that does appear, the following which he asked the Administration to prepare L-rom L-he tape: "I note in a communication given to the City pertaining to another item, but certainly it covers this particular award Por general contractor for work on the Police Department, indicating on page 2, in an addendum that we have, that the award (this is i-rom the Attorney) should be made to the lowest responsible bidder, and the Council may use discretion in determining which Company is the lowest respons�.ble bidder. I think usxng that terminology and that particular case and applying it to the Police Department, I WOULD SO M0�7E to award the contract to Bob Zuehlke ConsL-ruction, 6495 pierce Street, in the amount oi $11,928.00, awarding the base bid only at this time. This is $300 hzgher than the low bid as so shown, but I think in this particular case, in the experience we have had in the past, that this really is the low bid." Counca.lman HaYris said that anything else that appeared in the Minutes were comments on his part and not a part oF his mot-ion. MOTION by Councilman Harris to adopt the Minutes of the Regular Council Meeting of May 6, 1968 as corrected. Seo�nded by Council- man Sheridan. Upon a voice vote, a11 voting aye, Mayor Kirkham declared the motion carried unanimously. APPROVAL OF THE MINUTES OF THE SPECIAL PUBLIC HEARING ML'ETING OF MAY 13, 1968� MOTION by Councilman Harris to adopt the Minutes o£ the Special Public Hearing Meeting oP May 13, 1968. Seconded by Councilman Samuelson. Upon a volce vote, all voting aye, Mayor Icir7;ham declared the motion carried unanimously. Aa �� REGULAR COUNCIL MEETING, MI�Y 20, 1968 PAGE 2 ADOP'PION OF AGENDA: Mayor Kirkham said that there were two items to be added. Item tUA "Award of Sid Eor New Tractor P1us Attachment for the Park Department, and Item 35 "Regarding Youth Achievement Awards." MOTSON by Councilman Liebl to adopt the agenda as amended„ Seconded by Councilman Samuelson. Upon a voice vote all aye, Mayor Kirkham declared the motion carried unanimously. VACATION OF MFIRSHALL STREET - NSSSD: Mayor Kirkham read the public Hearing Notice. Harold Harris, 6210 Riverview Terrace, a visitor at the Council Meeting, said that this vacation oi Marshall Stree� creates a pro- Ulem Lor him as he awns some property on the west side oP Marshall street, and this vacation would not give him any access. He said has aL-torney has Lal]ced to NSSSD, and they want to give him an easement, whicYi would be ready in a wee]c, or two at the most. He asked that th�_s be tabled until this problem can be settled. Mr. � Harris was asl:ed if NSSSD did not acquire this from him on a 99 i year lease. Mr. Harris replied that they did not. Councilman 5heridan said in this case the public Heazing should not be closed. He felt the City had been mis-informed by NSSSD in that they told the City some 18 months ago they had acquired the land for 99 years, MOTION by Councilman Harris to continue the Publie Heazing to the Regular Council Meeting o£ June 3rd. He said the Board has agreed with tlie exchange oL- property for the vacation. Councilman Samuel- son asked Mr. FIarold Harris to forward a j.etter to the City as soon as an agreement between his attorney and NSSSD has been reached. Mr. H. Harris replied that he would. The motion to continue the Pub.Lic Eiearing to June 3rd was seconded by Councilman Liebl. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously. Councilman Liebl said he was concerned with the clean-up oL- the area. If people are dumping garbage in this area, the law should be enforced. ile said he would like to ]cnow from Mr. Christensen �ust what and how much property does NSSSD own. SECOND READING OF ORDIN7�1�7CE NUMBER 392 - AN ORDINANCE AMENDING ORDINANCE NO. 372 OF THE CITY CODE REGULIITING AND LiCENSING FOOD ESTABLI3HMENTS AND F'OOD VENDING MACHINES AND PROVIDING A PENALTY POR VIOL11TioNS THEftEOF: (Temporary Suspension of License) � REGULAR COUNCIL MEETING, MAY 20, 196E� PAGE 3 MOTION by Councilman S1'ieridan to waive reading, adopt ordinance No. 392 on second reading and order publication. Seconded by Council- man Harris. Upon a roll call vote, Sheridan, Samuelson, IIarr�.s, Liebl, and Kirkham voting aye, Mayor Kirkham declared the motion carried unanimously. SECOND READING OF ORDT�TANCE NO. 393 - 11N ORDINANCE AMENDINC SECTION 5 OP ORAINANCE N0. 372 OF THE CITY CODS REGULATING 11ND LTCENSING FOOD ESTABLISHMENTS AND FOOD VENDING MACHINES ACSD PRO- ViDING A PENAS,TY FOR VIOLATIONS TiiEREOF: (Vending Machine Licenses) The City Attorney advised that this is essentially the same as the ordinance approved on first reading except for tlie amendment of the words: "for each machine vending food, and rec�uiring a coin o£ not more than Sfi, there sha11 be no charge for the license." MOTION by Councilman Samuelson to adopt ordinance No. 393 on second reading, waive reading, and order publication. Motion seconded. MoT2oN by Councilman Harris to amend ordinance No. 393 as suggesLed by the City Attorney. Seconded by Councilman Samuelson. Upon a voice vote, all voting aye, Mayor Kir7diam declared the mot�_on carried unanimously. Upon a roll call vote, 1Cirkham, Liebl, IIarris, Sherzdan, and Samuelson voting aye, Mayor Kirlcham declared the motion Lo ado1�t Orclinance No. 393 adopted on second reading. Councilman Liebl as7ted the City Attorney if this xs basically what the League of Women Voters requestea, and if it provides enough sat-eguards. The City Attorney replled tha� this is what they wanted and in his opinion it will provide the safeguards necessary. SECOND READING OF ORDINANCE NO. 394 - AN ORDINANCE CONFIRMING ACTION OF THE CITY COUNCIL ON FEBRUARY 6, 1967 REALIGIQING TH� BOUNDARSES OF PRECINCTS WITHIN 4�7\RD NUMBER TVJO PURSUANT TO CHl1PTEP. 2, SECTION 2.03 OF THE CS`PY CF3ARTER OF I'P.IDLEY: MOTION by Councilman Shera.dan to adopt Ordinance No. 394 on second reading, waive the reading and order publication. Seconded by Councilman Liebl. Upon a ro11 ca11 voL-e, Kirlcham, Sarnueisori, Sheridan, Harris and Lieb1 voting aye, Mayor Kirkham declarecl the motion carried unanimously. '�_ , : REGUL�IR COUNCIL MEETING, M11Y Z0, 1968 PAGE 4 CUNS7DF.RI�TION OP REZONING REQUEST ZO�'1 yr6$-06 HIRSCH BROS, F1ND CON'PSNUEU PUBTSC HEARING ON VACATION OP STREET - HIRSCH BROS. Councilman Sheridan asYed the City Manager i£ he had received any Yroposals in line wil:h the d�,scusszon oL- the last meeting. '1'kie City Manager replied that he dld not. Mayor Kirkham asked Nlr. piiillzp IIirsch about this and he replied that it was his u�idersLandiny that there would be a vote taken at this meeting on what liad been proposed. Mr. td.D. Plum, a visitor to the Meeting, stated that he had chec]ced the Eootaqe bePore Y�e came tona.ght and he is 75' from the rzver banl: and approximaL-ely 42' from the north line. Councilman fIarris asked Mr. Ylum then if that is true, if Mr. ]Iirsch cliose L-o exempt the north portion, and move the apart- ment buildzngs in 1ine, would this have the effect of bringing it closer L-o your house, or at least ,7ust as close? Mr. Plum replied that ihls was true. He said it was his understanding at tlie last meetiny that the Council thought Mr. FIirsch would be br�_nging in an alternate pLan. He said that what he wahted was a sizeable buiier between the two propertles, and if this could be done, he would go alony with this proposal. He questioned the possibil�ty oE there bezng at some later date a sma11 iood market or illling s�ation on the 100' front property. He said this woulcl penalize him, and he and his neiyhbors were there first. Couricilman I3arris said that it could be made a part ot- the deed L-hai: L-here could be no fillinc� stations or Pood markets on this lanc7. This brings up the question of liow to utilize the Nz of Lot 7, to retain as R-1 would actually have the effect of puttiny the building closer to Mr. Plum. MoTION by Councilman Samuelson to approve of this rezoning request. IIe said he Le1L that Nlr. Hirsch has given thought to protecting �he people to the north through landscaping etc. If he were to start hacking the complex apart, 11e would loose the economic PeasibiliL-y oL- the pro�ect, and maybe the complex would not go through, and that he was in favor oi this request for rezoning as recui�unencied . Councilman Liebl pointed out that Mr. FIiYSCh does not live in th�_s City, is just a developer, a� as such is not interested in tlie effects this would have on the City, and upon the people who have bouglit property here 10-15 years ago. When they bought, they thougYit that the property would remain R-1. These people are as]:iny thaL- some considerati�n be given them. He askad Mr. Ilirsch ti he would consader deletiny a portion of the north wing. ,� x �2� REGITLP.R COUNCIL MEETING, MAY 20, 1968 PACE 5 A va.sitor to the Meeting asked il anything could be done about the little strip of land to the north, which was only 38'. She did not feel this was an adequate buffer between where she lives and the apartment, as they would exit on that side, and sYie was very concerned with the traffic and noise, that would result irom a complex of 144 units. She felt that the 38' deiinitely was not enough of a buffer. Mr. Hirsch told her they would provide plant- ings and also construct a berm i£ she wished. The visitor did not feel that this would be adequate and was not a good substitution for more land. Councilman Harris said the City has set a precedent in the past concerning R-3 and R-1 structures. There are some places which are R-3, and across the road are R-1 homes. Councilman Harris suggested an amendment to the Motion that the north line be extended an additional 22' (to equal a street), this would give a total of 60' as a buFfer which would certainly comply with the policy a.n the past. Councilman Liebl said he could not go along with this, because of f the problems the people had with the apartment house on Starlite 'I Boulevard. This apartment house was build against the people's wishes, however, since they did provide garayes etc. the people have learned to live with it. He said he could not see why Mr. Hirsch could not build his complex without the nortYi wing. The City Manager asked Mr. Hirsch if he could not put the north wing on the south side. Mr. Hirsch replied that the complex is con- ceived with a central area and the plan would have to be redone. The City Engineer suggested moving the entry drive-way down i:oward the south. Councilman Samuelson said he thought this would be a good idea. Mr. Hirsch then said that the plantings could be moved north to provide tihe buffer the lady in the audience wanted. She replied that this would be much better. The Motion be Councilman Samuerson was then seconded by Council- man Sheridan. Councilman Sheridan said he would not be tiappy with a 6' berm. It seems we are asking for all the compromises lrom the people and none,:from the developer. He pointed out that there is not step zoning here, as there should be and i�i this way is not the same as a plat where it is provided. y�e are going from R-1 directly to R-3 here. Mayor Kirkham replied ttiat moving the street to the south and having the area landscaped as a par7c is a concession. Councilman Harris aslced Mr. Plum ii the addition- al 60' side yard setback would be all right. Mr. Plum replied, "g'ive us 60' and we will be happy." 1L�'ti R�GULAH COUNCIL MEE`PING, MAY Z0, 1968 PAGE 6 Mr. FIirsch aslced iE the Council could then postpone their decision on the rezoning request to give him a chance to talk to his architect. Councilman Samuelson re�lied that he would withdraw his previous motion with the agreement of the seconder. MOTION by Councilman Sheridan to L-a7ile the rezonzng request ZOA i�68-O6 Hirsch Bros. to the meeting o� ,Tune 3rd. Seconded by Counczlman Lieb1. Upon a voice vote, all voting aye, Mayor Kirkham declared the rnoL-ion carrled unanimously. Mr. EIirsch said that he was sure the architect could work out samething L-o concur both with the residents and the Counci7.. The City Engineer gointed out that we have a storm sewer easement on the south, and should have a sL-ree� easement in here ior access to the river. CONSIDERATION OP TR11I'PIC PATTERN NEAR FILISTER APARTMEN'PS ON EAST RIVER ROAD: Mr. I'a.lister brought with him a plan worked out by his Engineer. The City Engineer pointed out that on Mr. Filister's proposal the City would acquire land for a road from his apartment property, and that i:he City's ma�or ob�ection was that the service road would be too close to the main highway. Sam CapL.�n, Attorney ior Mr. Filister, said that basically they have L-wo problems with the proposal worked out by the City Engineer; one is that the consideration came rather late in the yame as the yround worlc is already started for the garages..He said that they clid have a plan approved by the Council, and now they find they have to change it. This first progosal brings the road very close to the apartment buildings and it cuts the property a.nto pieces, which iie would like to avoid ii possible. The garages are hehind tl�e roaci, so people would have to cross a public road- way. �1`he dziference between Mr. Fzlister's proposal and the Czty Engineer's comes after you go past the apartment houses, aiter that it continues running parallel with Easf. River Road and provides a cut-ox"£ at 592 Avenue and Charles Street, and makes use oi the County right o� way. Z'his allows us �o make ma�cimum use oL- the land. Using the old proposal would necessitate children cutt�.ng across the road. He said they feel that better planning could be done. He said he realizes the City Manager and the City Enyineer have worked hard on this, hawever, it necessitates their changin�l their plans aL- considerable cosL- to them. He said there REGULAR COUNCIL MEETING, MAY 20, 1968 PAGE 7 ,'1_ii is $4,0�0 -$5,000 wozk to be done in re-compaction, re-sta]cing, re�surveying and the ditch filled in. He said he ieels this plan is not a good plan but at least it is a compromise. Councilman Ha�ris pointed out that this pro�ect was not developed for the benefit of the City especially. He then asked about snav removal provisions. Mr. Filister said that he has provided 15' minimum on the City Engineer's recommendations. He also said that the City Engineer had questioned whether 15' dltch would be enough to allow adaquate drainage, which he was ob�ecting to as Mr. Filister felt that 15' was enough. Councilman Liebl asked Mr. Filister if the plan prepared by the City Manager is agreeable to him, if the assessment cost problem can be straightened out. Mr. Caplin replied that it is; and that we would expect to pay assessment costs if the road is a henefit to us, hawever, if it serves the property north also, this is something else again. Mr. Filister said that they did not want to drain 300-400 cars past thea.r buildings, but in order to cor- rect the situation, he is willing to go along with it. The City Engineer had pointed out to them that if they cooperate with this plan, the likelihood of eventually being served with semaphores is much greater. There followed much discussion as to the position of the garages, roadways, and proper placement. They then considered the City Manager's proposal which has the advantage o£ not cutting through their property, but as the Attorney ior Mr. Filister pointed out they will have the additional cost o£ $4,000 -$5,000 incurred by having to move garages etc., the preliminary work of which was done many weeks ago. Councilman Liebl said that he had always been �n such a hurry, and that this request should have proceeded through proper channels. Mr. Caplin replied that he felt that the Council had had sufficient time to consider this plan and at the tame should have warned Mr. Filister that at some future time a road might be necessary to go through his property, then he could have proceeded at his own risk. Councilman Liebl expressed the view that he feels that the plan presented by the City Manager is a good plan and could be adopted. Councilman Harris pointed out that as Mr. Pilister is aware, we are stsiving for signalization at tha.s intersection, however, af the County construes this as a private road and only pays =z of the cost, the City could not pick up the other half, if it only serves a private complex. `� � i� REGULAR COUNCiL MEETING, MAY 20, 1968,, PAGE 8 Mr. Caplin sazd that he was aware of this, and his main complaint is that this problem comes at this late date, but that they do want to get is resolved. Mayor Kirkham agreed that the timing was unfortunate. Fie said he felt that the proposal by the City Manager would seem to be the most workable for both the City and the developer. Mr. Caplin asked about the costs of the new part ot the roadway when it is put in in the future. Councilman Harris s�id that if there is no benefit it is not assessed. The Attorney also asked about the additional costs incurred by chanqing the plan. Councilman Harris said that part of that will be a proposed cost of the intersection cost the City will bear. Mr. Filister asked who was going to pay the additional $2,000 or more caused by changing the plans. Councilman Harris replied that Mr. Filister must consider also the cost involved if the County signalizes the intersection and considers it a traffic hazard, he would then have to pay the rest of the signalization cost, which would be considerable. Mr. Filister said he would like to have his Engineer look over this proposal, and would suggeat that the Council give the City Engineer and City Manager some guideline to follow, so that in the coming few days if ha can wonk something out, he could talk to them. MOTION by Councilman Harris to follow the concept as drawn by the City Manager, called Exhibit C. Seconded by Councilman Samuelson. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried �inanimously. The City Engineer pointed out that the City Council cannot commit the County right of way. Councilman Sheridan s�id that if Mr. Filister was to wait for the County, it might be a delay of perhaps 90 days, and he is aware that he wants to mare along as quickly as possible. The City Engineer said that there is only about 5' of County property, and that a.f he does not want to wait, it might be possible to shift the road a few feet and eliminate the delay. FINANCING OF LOOPBACKS AT EAST RIVER ROAI7 AND MISSISSIPPI STREET AND THE STREET TO THE WEST: LOOPBACKS AT THE INTERSLCTTON OF MISSISSIPPI STREET AND T.H. #47 (UNIVERSITY): The City Attorney said that he had no quarrel with the suggestion. It is more a matter of policy than legality. The only question he would have is if in certain a.nstances, it can be told whether the benefits are equal to the assessments for benefits acexued. REGUI�AR COUNCIL MEETING, MAY 20, 1968 PAGE 9 MOTION by CounCilman Harris to approve this concept of financing. Seconded by Councilman Samuelson. Upon a voice vote, all voting aye, A4ayor Kirkham declared the motion carried unanimously. The City Manager pointed out that if a street is put in to the rear of property already servad by a street in the front, they are assessed 25% of the cost of the street as it is felt they do have some benefit by having aaQess to the rear also. $�SOLUTION NO. 77-1968 - AUTHORIZING APPROVAL AND SIGNATURE OF NEW MINNEAPOLIS - F1eiDLEY SBWER CONTRACT: 7.'he-City Attorney commented that the original contract was written in 1954, and this contract is far superior. The City Sngineer sa,ad that�the rate structure is much better. About th e sewer bill for the first quarter of 1968, there was a problem with the metering structure, their proposal was for 300 gallons per connection, and a compromise was reached at 275 gallons per connection. We have about 4,700 connections in the City. M�TION by Councilman Samuelson to adopt Resolution No. 77-1968. Seconded by Councilman Liebl. Upon a voice vote, all voting aye, Mayor�Kirkham declared the motion carried unanimously. � •� � �r •;r•• � :� 4. �I! ; •�l�t �� e. • � The City Engineer explained that there is no hurry about this i£ the Council would like to conaider it more. It is only for emergency use on a atand-by basis for firea etc. The question was raised as to how this would affect our fire rating. It was suggeated by Councilman Sheridan that this should be checked with the Fire Department. MOTION by Councilman Samuelson to refer this back to the Admin- istration for coordination with the Fire Department. Seconded by Councilman Sheridan. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried. BID OPENING: PARK DEPARTMENT TRACTOR AND ATTACHMENT: 2'he City Manager gave a run-down of the bids received, and stated that both bids met specifications. I°` ,,(� REGULAR COUNCIL MEETING, MAY 20, 1968 Proposal Ford Model 2112-3C including Ford Flail Mower Model 907 B idder Long Lake Farm Supply Inc. B id $3,395.00 PAGE 10 Deliverv Date Approx. 30 days FQrd Model 2112-3C Midway Tractor &$3,390.00 30 daxs or including Ford Flail Equipment Co, before. Mower Model 907 MOTION by Councilman Liebl to awasd the bid for a tractor plus at,tachment for the Parks and Recreation Department to Midway Tractor & Equipment Company in the amount of �3,390.00. Motion seconded "and upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously. RECESS: 9:50 P.M, to 10:00 P.M. CONSIDERATION OF ApPL2CATION FOR SIGN PERMIT - EMBISRS: The City Engineer said the location of tha requested sign is the southwest corner of Osborne Road and T.H. #65 just north of �_ Fridley Terrace. He said that usually if a sign meets the requirements we would issue a permit, if not, we would bring the application to Council. This application does meet the re- quirements, hawever, he wanted to make sure the Council did not feel that we would be getting too many large signa in the City. This sign is for a Fridley concern. Mayor Kirkham said he had no ob�ections. Mai'ION by Councilman Harris to approve the application for a sign permit for Embers, Seconded by Councilman Liebl. Up,on a voice vote, all voting aye, Mayor Ki�kham declared the mbtion carried unanimously. CONSIIaERATSON 4F REQUEST FOR SPLITTING OF ASSESSMENTS - WARGO AND SHIP 30, RANGE 24, WEST, ANOICA COUNTY, MINNESOTAi Mr. G.D. Giancola, of Wargo and Barna, was preseat at the Meeting representing the Sullivans, requesting a lot split as it applies to the above description, in relation to Lot 7. Since Mr. Sullivan and his mother obtained title to that portion o£ Lot 7 they have had difficulty in recording their deed due to the fact that Lot 7 was sold on a contract to Moon Corporation, and they were going to file a plat known as Tarry's Addition which would have solved the real estate ta�c problem. Due to events beyond the Sullivans' control, this was never done and for this reason they were never able to file said deed. The recording of this deed is very important due to Lhe fact that the parcel in I � REGULAR COUNCIL MEETING, MAY 20, 1968 PAGE 11 Y�y� question comprises other property on Lot 8 which has the old Sul].ivan homestead on it. The Sullivan's wish to sell the old homestead but have been unable to do so due to the fact that they could not zile a deed in reference to this property. He said he has the deed and is hoping to record it by May 31, 1968 to save on interest. The City Engineer said the problem came about because the pro- posed Terry's plat fell through. If the property is less than an acre the Council can grant a lot split, if it is more, pYat- ting is xequired. This is an unusual situation and would normally require a lot split, however, the Council can authorize splitting of assessments. The City Attornegr asked if the 150' x 55' will be a huilding site. Mr. Giancola replied that this was not the intention and that it is just an accomodation to the building in existance, and that they are hoping in the neas futuse to sell the home and this parcel would go with it so that the site could be served. There followed much discussioa as to the size of the lots and the lay out of the land. 7.'he City Attorney said that t]zis request could be considered as a request for a lot split. The Finance Director suggested that if they approve of the lot split the Council could also adogt the resolution. MOTION b�y Councilman Harris to approve the lot split request on the South 55 £eet of the west 150 feet of the east 800 feet of Lot 7, Auditor's Subdivision #25. Motion seconded and upon a voice vote, all voting aye, Mayor Kirkliam declared the motion carried�� unanimously. RESOLUTION NO. 78-1968 - A RESOLUTION AUTHORIZING AND DIRECTING Tf�,E SPLITTING OF ASSESSMENTS �N THE SOUTH 55 FF.�T OF TAE WEST 150 FSET OF THE EAST 800 FEET OF LOT 7, AUDiTOR'S SUBDIVISION NO. 25: MOTION by Councilman Sheridan to adopt Resolution No. 78-1968. Motion seconded and upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously. RECEIVING Tf� MINUTES OF THE B0�112D OF APPEAZS MEFsTING, MAY 8, 19e8: 1. 'CONSIDERATION OF A REQUEST I'OR A SPECIAL USE PERMIT TO ERECT A TFTO-FAbL'CLY DWELLING IN R-1 DzSTRICT, THE SHME BFsING LOTS 1 AND 3, BLOCK 1, GUNDERSON TERRACE. (REQUEST BY LARRY DEAN FERGUSON, 7765 SPRING LARE RDAD, MPLS.): i Y`) t)yd REGULAR COUNCIL MEETING, MAY 20, 1968 PAGE 12 MOTION by Councilman Harris to mzcur with the Board of Appeals in the denial of the 5pecial Use Permit. Seconded by Councilman Samuelson. IIpon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously. PETITION #9-1968; RE4UEST DENIAL OF SPECIAL USE PERMIT FOR LARRY DEAN FERGUSON- MOTION by Councilman Sheridan to receive Petition #9-1968 re- questing denial of the Special Use Permi�. Seconded by Council- man Liebl. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously. 2. g,�QUEST FOR A VARIANCE OF SECTION 45.24 FROM 17� FEET TO 10 FEET. AND VARIANCE OF SECTION 45.23 FROM 10 FEET TO ncntuTm cnt+nmTnwr nc n F!l � MeG!r r rwtn_ nwT l. '7G �v '1 7� � r rvn 90 RICE CREEK WAY N.E. FRIDLEY, MINNESOTA. (REQUEST B3F S.E, TEMPLIN. BUTLIaRR. 6184 STINSON SLVD.. MPLS., MINNESOTA)- MOTION by Councilman Harris to concur with the Board of Appeals to grant the request for variance. Seconded by Councilman Samuelson. Upon a voice vote, all voting aye, Mayor Kirkham declared L-he motion carried unanimously. RECEIVING TFIE MINUTES OF THE BUILDING STANDARDS^DESIGN CONTROL SUBCOMMITTEE MEETING OF MAY 15, 1968: 1. CONSIDERATION OF CONSTRUCTION OF A STORAGL BUILDING (25' X 12'') ON LOTS 6, 7, 8, 9, AND PART OF 10, BLOCK , � _,r.,..,._ �., ,...,.�...�,... �.,. .,.,�.....,. ,.,,..., ......� �,,..z, .,�.....,,. COMPANY. DIVISION OF AME:RICAN OIL): The City En9ineer explained that they wanted to build a small addition to the gas station_in back of their property. He requested approval subject to a 5' easement on the n� th side ot the property for sidewalks, that the building be painted to match the rest of the building, and have a metal fire restEstaat door. MOTION by Councilman Harris to approve the request for m nstruction of a storage building subject to their giving a 5' easement for sidewalks, paihting th e addition to match the rest of the building, and a metal fire resistant door. Seconded by Council- man Sheridan. upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously. � � �i REGULAR COUNCIL MEETING, MAY 20, 1968 PAGE 13 2. CONS�AERATION OF R$QUEST BY HARRIS ERECTION FOR AN 8Q' X 80' LIGHT MF�NIIFACTURING BUILDING ON LOTS 34, 35, 36, 37, BLOCK 8, ONAWAY ADDITION: 'i'he City Engineer pointed out that this request has not gone to the Building Standards - Design Control Subcommittee yet as he requested it after.adjournment and a quorum was no longer pXesent. They have put in a building on 77th Way and Elm Street, and now they want to put one in on the other side, with the same set back requirements and same size building. He said the Council. could issue a permit, then they could ga to the Building Standards - Design Control Subcommittee for their approval. The City Engineer said there is a public Hearing for storm sewer coming up soon on this area, and the property aaner should be made awara of it. MOTION by Councilman Sheridan to gran�c Harris Erection a founda- tion permit, then they would go back to the Building Standards - Design Control Subcommittee for their approval. Seconded by Councilman Harris. Upon a voice vote, Samuelson abstaining, Kirkham, Harris, Sheridan and Liebl voting aye, Mayor Kirkham delcared the motion carried. RECEIVII`IG THE MINUTES OF THE PLANNING COMMISSION MEETING OF MAY 9. 1968• 1. LOT SPLIT RE4UEST: L.S. �#68-08, ING T. SIVERTS, JR.: PART QF LOT 1, REVISED AUDITOR'S SUBDIVISI�N #1�: Tha City �ngineer said that this is the same registered land susvey the Council has reviewed before. The State of Minnesota has an easement and Mr. Siverts is willing to give us a 66' wide rlght of way over the same land. Mr. Siverts said that it was his understanding that the County has a new requirement regardiilg lot splits where there is a registered land survey. It was his understandiny that the Planning Commission Chairman would also be required to sign the hard shell along with the registered land survey. The City Manager told Mr. Siverts that the City w�uld take care of this requirement. �I� MOTION by Councilman HaYris to ooncur with the Planning Commission � and grant the request £or Lot Split #68-08, Ing T. Siverts, Jr. Seconded by Councilman Sheridan. Opon a voice vote, all voting aye, 1�Iayor Kirkham declared the motion carried unanimously. � ;�-� REGULAR COUNCIL MEETING, MAY 20, ].968 PAGE 14 2. ED BY LEONARD SAMUEL90N: (North of 77th Wav and East of East River Road, a Part of Section 3): 7.'he city Engineer explained that the Planning Commission has approved of the preliminary plat, however, tha City will need some additional easements. Councilman Samuelson said that he has agreed with the Planning Commission and is willing to grant the easements. Councilman Samuelson explained that the reason Outlot A has no access, is that Barry Slaaer wants to expand and they would use this lot. If for some reason they do not, it wi11 be- come part of LDt 2. MOTION by Councilman Lieb1 to approve of the preliminary plat and set the Public Hearing for the final pla� for June 10, 1968. Seconded by Councilman Harris. Upon a voice vote, Councilmatt Samuelson abstaining, Liebl, Kiskham, Shexidan, Harris voting aye, Mayor Kirkham declared the motion aarried. MOTION by Councilman Harris to receive the Planning Commission Minutes of May 9, 1968. Motion seconded and upon a voice vote, all voting aye, hlayor Kirkham declared the motion carried unanimously. RECEIVING THE MINUTES OF THE SPECIAL PARKS AND RECREATION COMMISSION MEETING OF MAY 13, 1968: , MoTION by Councilman Harris to receive the Minutes of the Special Parks and Recreation Commission Meeting of May 13, 1968. Motion seconded and upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously. VISITOR: MR. A M SCHWEIKERT 6000 7TFI STREET: COMPLAINT OF CHILDREN ON HIS CORNER PLAYING FOR HALF AN HOUR BEFORE CROSSING STREET AND Gla2NG TO SCHOOL: Mr. A.M. Schweikert, 6000 7th Street, was present at the Meeting to voice a complaint concerning the children going to Parkview School gathering on his corner at about 8:15 A,M. and playing on the boulevard and in his yard until the school patrol comes at 8:45 A,M, to take the children acrosa the street. He won- dered if sidewalks on both sides of 60th Avenue from 7th Street to University would not help the situation, or the possibility of persuading the School Board to allaa the school children onto the grounds before school convenes. It was his understanding that they were not allowed onto the grounds at this time. He e al a S REGULAR COUNCIL MEETING, MAY 20, 1968 PAGE 15 explained that the children have trampled the sod in the boule- vard until there is none left, and that they are ruining his yard. Mr. Schweikert also pointed out that on rainy days when some of the mofihers drive the children to school, there is much more traffic, and he is afraid one of the children is going to get hit. Councilman Samuelson suggested that he get a petition and present it. Mr. Schweikert replied that he is doing that now. Mayor Kirkham suggested that the residents being troubled by this write to the School Board asking them to allow the children onto the school grounds before school starts. Chief McC�rthy explained that the children at Parkview have been well trained in the importance of not crossing the inter- sections without the School Patrol. He suggested that for the remainder of the school year one of his men be on the corner to help the children across the street, until a permanent solution could be arrived at this summer. MOTION by Councilman Samuelson to concur with the Chief of Police's suggestion and patrol that intersection for the remain- der of the school year. Seconded by Councilman Liebl. Upon a � voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously. DISCUSSION OF MURPHY OIL STATION AT EAST RIVER ROAD AND MISSISSIPPI STREET INTERSECTION. RSQUEST BY MR. SAVELKOUL: Mr. Donald,Savelkoul, representing Mr. Leonard Gertzen, a property owner on the southeast corner of the intersection of Mississippi Street and East River Road, was present and explained that this matter came up before the Council on February 5, 1968 and the Council took action that night. Subsequently Mr. Gertzen received this letter trom the Murphy Oil Corporation stating they wish to terminate the option. After Mr. Gertzen received this letter he contacted Mr. Savelkoul and he and the City Engineer attempted to find out what the problem wae, and so far, Mr. Savelkoul stated, he has not been able to find out what they have reEerred to. Mr. Gertzen has received an offer for this property which is accept- able to him and he would like to sell it. If Murphy Oil Corp. has a problem he would like to see it resolved and in this effort he had notified the I�urphy Oil Corp. Friday by telephone, and Mr. r-- Lundbarg, representative, Mr. Ralp}� Tully, Attorney, and Mr. R.A. II Ellis, Broker, are present here tonight, to see if there is a problem here which has not been foreseen. Mr. Ralph Tully, Attorney for Murphy Oil Corporation, said that he felt that the objection should be obvious when you compare the two i °' ' � �, REGUT�IR COUNCIL MEETING, MAY 20, 1968 PAGE 16 plot plans and the fact that the Council indicated at the Februasy Sth meeting that that was the most that they could do. Mr. Lundberg, representative of the Murphy 011 Corp. said that the question relative to this pieca of property xeally lies in the fact that at the time the option was taken, there were al- ready plans afoot to upgrade the intersaction of East River Road and Mississippi Street. He said that he did not think it was a question of bad faith, more a matter of poor communication. In the first preliminary drawings of the intersection, the plan actually had very little affect on Mr. Gertzen's property, and that in the ensuing months it was hard for the City or County to give concrete answers as the plan was not completed. It was recommended to them that they obtain a Special Use Permit using the plan they had in an effort to ascertain just how this property could be used, which i"s what they did. �I'he layout that was approved was contingent on the reduction of the land area, and the consequent reduction of 4 driveways down to 2. He explained that his function was not to give answe�s, but to refer the in�ormation back to the main office, where the Murphy oil Company, being a corporation made the determination that the plan was not feasible, with the square footage left, so it was felt that they had no alternative but to turn down the option. Councilman Harris said he felt that we had gone over the plan piece by piece and point by point at the previous meeting, and the Council was left wxth the feel3ng thet Mr. Lundbesg concurred. He pointed out to Mr. Lundberg that the origLnal plan was in conflict with the ordinances and could not expect approval. Mr. Lundberg then shcnved the map that was the result of the dis- cussion3 with the Planning Commission and the City Engineer, that included what he felt were harmful compromises. The City Engineer explained that the original plan was never seen by the Council, and that through numerous discussions, the new plan evolved, This plan went to the subcommittees for appro- val and was approved with some stipulationa, then to Council for approval. He said that he felt thaL Lhe Murphy Oil Corp. had acted in bad faith by taking so much of the subcommittees' and Council's time with no indication of disapproval of the revised plan. He said the plan should not have been presented to the Council if it was not acceptable to Murphy,0il Corp. t . : ,� REGULAR COUNCIL MEETING, MAY 20, 1968 PAGE 17 Mr. Lundberg said that from the time we started �alking last summer,we were told the way to get an answer was to apply £or a Special Use Permit. No one could tell at that time what the City, County, or the Murphy Oil Corp. could aome up with. It was his underatanding that the Corporation was left to make their decision. The City Attorney said there was no indication in the Minutes of the Meeting of February 5, 1968 that they were unhappy with the atipulations and quoted from the Minutes, "Mr. Lundberg said he had been present at rhe meeting and there would be no problem with any of the stipulations." Mr. Lundberg said in reply that chis meeting had to do only with landscaping, type of construc- tion, height of fence etc. to which they had no disagreement. Mr. Ellis, Broker £or Murphy Oi1 Corp. said that he had talked to the Anoka County Engineer about what was to be done with this intersection. He indicated to Mr. Ellis that the County could not move until the City decided what they wanted to do. xe said he felt that it was merely a lack of working together to work out a suitable solution. The CounCy-Engineer working on the plan with him and advised him to take it back to the City for their approval. If the four entrances were cut down to two, this would not be conducive to qood traffic flov✓. The forced condemnation is wha�C deteYmined the Murphy Oil Corporation to turn dawn the option. The City Engineer said that there was no question of what addition- al right of way is needed for a right turn lane and this was pointed nut to them �he first time. � The City Attorney asked Mr. Lundberg, if they were not happy with this plan, what did they want. Mr. Lundberg replied that he and Mr. 811is just received the letter today to appear at the Meeting, and that he had had no opportunity to talk to the main office, that when Murphy Oil Corporation made their decision, it was not with resentntent, but just the way the chips fell. Councilman Harris suggasted that Mr. Lundberg obtain a copy of the City Ordinances abd a plan of the intersection and see what he can come up with. - Mr. Savelkoul expres5ed the view of himself and hxs client that � they were hopeful that with the new plan somethinq could be I agreed upon. Mr. Gertzen was of the understanding that the sale had been conaumated, and that Mr. Gertzen is willing to cooperate as much as he can to move this along. , l ��� REGULAR COUNCIL MEETING, MAY 20, 1968 PAGE 18 Councilman Harris said that the Council will be willing to look at any plans they would like to submit that conforms to the City requirements etc. and that the Council is flexible and inter= ested in producing a building which would fit into the area and be an asset to the City. Mr. Ellis said that considerahle time has been taken up while the City and the County decided what they wanted to do with this intersection, however, maybe something could be worked out if he could sit down with the City Enqineer or someone else designated by the Council to try to reach an agreeable solution to both partiea, Councilman Samuelson asked the City Engineer to see that Murphy Oil Corporation has a copy of the intersection p1an. Councilman Sheridan said that he objectad to the City Council being used as the fall guy to drop the option. Council- man Harris said that they would be happy to look at a proposal if they wish to bring one in. MOTION by Councilman Samuelson to receive the letter from Mr. Savelkoul asking for this item to be placed on�the May 20, 1968 agenda, Seconded by Councilman Liebl. Upon a voice vote, all voting aye, Mayor Kirkham decl.ared the motion carried unanimausly MOTION by Councilman Samuelson to receive the letter to Mr. Gertzen from the Murphy Oil Corporation dated April 17, 1968, advising him that they are terminating the option. Seconded by Councilman Liebl. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously. VTSITOR• COMPLAINT CONCERNING B& E PATROL MIt WAYNE LARSON 7677 BACON DRIVE• Mr. wayne Larson, 7677 Bacon Drive, was presant at the Meeting to state a complaint about B& E Patrol. He has a German Shepherd which he keeps in his fenced yard, but there are many dogs running loose, and they are not strays for the most part, ,7ust neighbors dogs which they do not keep tied up, Some of these doys have had rabies shots and some have not. He would like to knaw why the law is not enforced. He said that chilciren have mistreated his dog in the yard and he was let out of the fence and was hit be a car. Yrhen asked by the City Manager if it was not true that there was a fued going on in this neighborhood, he replied that this was so. i,i;� REGULAR COUNCIL MEETING, MAY 20, 1968 PAGE 19 Councilman Samuelson told Mr. Larson that we have a re-written contract and we can en£orce the 1aw better this year. The City Manager said that he had talked to B& E Patrol and had also written a letter asking for more patrolling in th is area. There have also been some warnings served. He explained that B& E Patrol does serve a large area and that they cannot be everywhere at once, however, the biggest help would be to sign a complaint. With a signed complainr., there would be something tangible to work with. LICTNSES• The City Managar said that he had received a complaint from a used car dealBr that there are service stations selling used cars without a license. Every operator was advised of the requirements in a letter hand-carried by the Police Department whether they were guilty or not. The Administration could not find any evidence that Frank's Used Car Lot was licensed for last year. Councilman Liebl felt that whoever operates a used car lot should have a license as our laws state. The City Attorney said that an operator could be prosecuted for operating wiLhout a license, and that the State requires a license ior every operator who sells two or more cars. The Police Chie= agreed that a person who has two or more cars for sale not in a garage is a violation. MOTION by Councilman Harris thaL Frank's Used Car Lot not receive a license until any back licenses are paid for. Motion seconded and upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously. MOTION by Councilman Harris to approve the rest oi the license applications as follaas: SERVICE STATION BY APPROVED BY RENEWAL Favre's Spur Station 8255 E. River Road Fridley, Minnesota Dennis Favre Fire Inspector � �-�� REGUI,AId COUNCIL MEETING, MAY 20, 1968 . CAFF J:NGtlAL ri•onti�r Club 7365 Coni,x�zll Avc. Fl•idley� ltinr��ol.a IECIEIdAL FI�:�txer Stoa�: Houae 7373 Centrt�l Avo. Fridloya Minuesota �Rt1�i•1AL Club !,7 6061 Univzrsity �lv,^.o Fridley� T4innesots C 1 GARc.1'TG tEh^WAT, f,urg�r Xing 6l,10 Uni4,rsity Ava, Fri �11ey� idi nnesota tF;NI;41AL Cl�th Q7 6067. Univorsity Avo. Fridley, t�iinnesota iENF�G11, Fron$S�r Club %36�J CiC:ltl'�i� p,V:'., Fridlcy� tiini��sota �;N�WAL Frontie!• St;33: Houn� 7373 Ccni.al Ave. Fridley� 1(?nnesota 3I.+'P1Ltd.1L I�e1��5 DsiSti 6485 E. P.iv�r P�oed Frid7cy� hi3n;t�sotn OFF SP.IF: 3ENEvfaI. L�,i�s Daia� ' 6Q85 E. kivcr Road Fridley� hfinne�ot� ON SALE RENF,Id^.L V.S.+l. Post 363 10l+D Osb�x'no Road Fridley� }4lnnesot.�s REPd'r',WAL Hcrard John�on�s 5?77 Ccntral Ave. Fridlcy� 1linnesotu BY: idarle�v� Fovlitzlcc ?farleno Povli.ts?:3 Eugana IIo:in�tt BY: Fioneer Di;;tr�.butin;; Eu�en� ➢onnett Darl.�xie Povlitz'r.i Af�rlena Povl�z'.ci Leorilyd Gcr;,zcn BY: I,conard Gertz�n BY: Erling Edwards Diichacl J. L�rson PAG� 20 APYROVED kiY _ Hculth Inspector ticalth Iiicpec�or Hcalth Inspector APPROVFD BY: Pulico Ghici Po].ice Chief Polic3 Chiof Polica Chie�' Polics Chi�f APPROVEII Ai': PoJica Chtef ,�lwlth Iaspector AF'PROVi:D HY: Policc Chief Heal th Insy�ctor Yolico Chie: Health Inspecto: i �-� ,y� � I �-- I � I I r REGULAR COUNCIL i�ETING, MAY 20, 19GB PAGE 21 M�ry 20, 19G$ IiLACl�7'OPYI�G H & 0 I31ackLOp Co. 24G5 Northdale Blvd. Coon Flpids, Minnesotl 13y: JerrnnP 1Iic1.5 RI:N].W�II, F.XCAVAT7 YIG I.enny Cochran Excavatiuo Inc. 6537 Central Ave. N E. Fridley, Minnesbla By: Leonard Cochran RFD?EWA1, HEATTAG Ryan Air Cond „ Inc. 844 West 79th Street Pfinneapolis, MLnnesoLa fSy; Thomas J Fyan RE�'ES'AL GEIQ�FAL COVTF4CTOR Harris Const. Co. <<809 Va11ey Vie�a f.o2d Edina, Minnesota By; C. C. flar:LS NF.4! Charles E. Johanson 160 Hartman Cixcle FYidley, �ilinnesota By: Char'les Johanson I�EPII:Sd.\L Comm:rcial �rectors 814 South 9t:� St. Minneapolis, hlirmesota Ry; Nlike 0'Bannoa FNPiEb!.�I. MASONF,Y Victor I.oefElez Const 5135 Greenc:ood Drive Moundsviec�, Minnesota Sy: Victar Loefflcr RF;VF.4;AL Edward r[unso*� Concrete Co 2318 1st St, I�T. E. Minnenpo7is, p[inncsotl By; Ed�a�rd A. P(unson RE[;E[�GAi. PLA STft 8I cIG John P. SteEFens Co, 3819 Upton Ave. North hhnneapoiis, Nfinna,ota By: F/�llaa�u J. S�offen5 RFNhF�AL MO VI AIG Date hiovers 78L6 Centtll Ave. Y F.. Minne,ipolts, M�nnesn[�i By: Ddle Petee.,i�n RF.Nt'!f�\i, � . d_ AI'YkOVLP L'� BLUG, INSP, PLBG, INSP, H`TG, ID1SP. BLD�. I�'S2 BLDG. 1!�IS ° BLDG. ItdS � B1,DG . INS _ BLf)G_ ID1iP ELhC, IDiSr BLDG. Ii�S r � �� �� i � ,�. - , REGULAR COUNCIL MGETING, N1AY 20, 1968 0 • Otd SN� F, t�rn,�,rnr, czut� i�7 bpbl U�:ivcr.,it.y Avo., Frid]ey� hfira�esotci 3ENF3YlAL Frontir,r Club '1365 Genta�7. Av;o Frldlr��rrfinnasota SFRVIGr. STATID�dS RENLSft1L Fr��11�y P7or;,h Stsr 40/+0 Mar,h�ll Sto Frid2ey� hf�nne.^.� Ls REt1���lAL Gertzon Servtco 6�85 F:. R3vcr Fioar] Fridley, bifaneoo4n TAVF,Rfd xFt�4�ar, V.F.�r, Post 3b3 10!FO Osborno Road Fx•idlry� htinn�� ta RFArr,�JAl� Ho:rarc Johnsun�s 5277 Contr�l dve, Frzdlcy� t4�nnesota RF�vu'[d�L C]ub 1,7 '6061. Unive:aity Ava. FrAdley, Ptitino�ta REt�afaL Frontiz.� Club 7365 Central Avao Fridley� Dli.n�_sot,3 Sky����B RENNl41�L Fridlcy Cab 57Q0 Ut�iversity Ave. Fridley� Minnr;ota VE:1dD1NG 11ACFIIIfr,S NEId Favret� Spiu Station $?55 E, Riv�r Road Fridle,�� Minne�ota AY: TSl1�E,1C FSOIll3l3t'i: Marlenr� Povli�zkl. RY: Bult tdord�tx•and IrVo:��rd Gcrtzoal BY:' Erl�ng Ed�,�arda M�chaal. J. I.�r;on Eugena Bounett Marlen� Povlitzltx Bx: Frank Gabreleik BY: Denni�s Favra u PAGE 22 APPROVF,ll FsY: Polico Ctliof H�a] ilz Insp•�ctos Fo13co Chi�£ tIealth Inap�etor APPI�OVED IIY: Bui_lding Znrector Fire Insp�etor Buildin� Insr�etoa• Fire Inapr.c �ar APPROV�,D BY: Polico Chief Hoalth Inspee��:° Polica Chi�f itealth Inspector Polico Cha.c:_`, Health Inpec�or Polico Chi�f Health Insp=eto: gPPROVED BYs Polico Chief APPROVFD :sY: Health Insp�ctoa• I -r � � i - �� d � i REGULAR COUNCIL M�E3'ING, M�.Y 20, 1968 GENEFJIL CONTRACTOR'S Brenny Brothers Canst. 6011 3rd St. N. E. Fridley, Minnesota Gerald Glenn Corporation 1202 }Iathac�ay Lane Fridley, Minnesota }Ieilmer Const. Co. &727 Able St. N. E. Minneapolis, rlinnesota By: Foger P,renny By: A. C. Gnerre By: Dfarvin fleilmer NEW FENLS7AL NEId racE 2s C� i • ) BI,DG. INSY. BLDG. TNSP. BLDG, 7NSP, Derksen Blders, Tnc. 3605 37th Ave. N. E. Minneapolis, Minnesota By: Alvin L. Derlcsen NGIJ EI.11G, 1P15P, The MOTION by Councilman Harris to approve the licenses seconded by Councxlman Liebl and upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously. CONSIDERA.TION OF RE4UEST TO USE "DUAL-TITE" SOIL PIPE POR THE CARTFsR DAY BUILDING• MOTION by Councilman Samuelson to grant request by Carter Day to use Dual-Tite soil pipe. Seconded by Councilman Harris, and upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously. RATIFIS;ATION OF RESOLUTION NO. 73-196$ ORDERING PRELTMINARY PLALQS AND SPECiFICATIONS AND ESTIMATES OF TiIE COSTS THEREOF: SS & SW #88 (ADDENDUM #4): MOTION by Coun�ilman Sheridan to ratify Resolution No. 73-1968 (passed on May 13, 1968j. Seconded by Councilman Harris. Upon a voice vote, all voting aye, Mayor Icirkham declared the motion carried unanimously. RATIFICATION OF RESOLUTION NO. 74-1968 RECEIVING THE PRELIMINARY REPORT AI3D CALLING A PUSLIC HEARII3G ON THE P9P.TTER OF THE COI3- STRUCTION OF CERTAIN IMPROVEMENTS, WATER, SANITARX SEWER, STORM SEWER - PROJECT #88 (ADDENDUM #4): ' MOTION by Councilman Harris to ratify Resolution No, 74-1968, �- (Passed bn May 13, 1968). Seconded by Councilman sheridan. i �I Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously. �� � -� �-� REGULAR COUNCIL MEETING, MAY 20, 1968 PAGE 24 B�ITIFICATION OF RESOLUTION NO. 75-1968 RECEIVING THE PRELIMINAiiY REPORT AND CALLING A PUBLIC HEARING ON THE MATTER OF THE CONSTRUC� TION OF CERTAIN IMPROVEMENTS - STREET IMPROVEMENT PROJECT ST. 1968-1B• MOTION by Councilman Liebl to ratify Resolution No. 75-196$ (passed on May 13, 1968). Motion seconded and upon a voice vote, all voting aye, Mayor Kirkham declared the motion carr�:ed unat►imously. RATIFICATION OF RESOLUTION NO. 76-1968 RELATIVE TO CITY OF FRIDLEY - NORTH SUBURBAN SANITARX SEWER DISTRICT SEWER USE AGREEMENT� MOTION by Cvuncilman Harris to ratify Resolution No. 76-1968. Council- man Harris said the City should indicate to the Distri�t we are reguesting a direct connection and it is my understanding from the Attornay that this might be allaaed under the terms of the order. Secondad by Councilman Samuelson. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimoulsy. The City Attorney said that of course the City has to comply with the agreements, and that Minco and the Council should understand that there might be a time lapse of up to a month. Councilman Harris pointed out ihat they have already brought their petpes out toward the west. The City Engineer said that he had talked with Diek Sha of the District and they are concexned about how the lot between Minco Products Inc. and the east-west City lateral is to be served. Lot 4 has been assessed for a lateral, and the only parcel that has not is Minco's parcel. The District would like to know if this lot is to be served by the District or by the City's lateral. They could be served by our lateral if they do not put in a basement. MOTION by Councilman Harris to have Lot 4 connect into the Fridley lateral system because Lot 4 has alzeady been assessed..,�seconded by Councilman Sheridan. Upon a voice vote, all votinq aye, Mayor Kirkham declared the motion carried unanimously. RESOLVTION NO. 79-1968 ORDERING PRELIMINATtY PLANS, SPECIFICATIONS, AND ESTIMATES OF THE COSTS TFIEREOF: STREET IMPROVEMENT PROJECT ST. 1969-3. {73rd Avenue between T.H. #�65 and Central Avenue): The City Engineer explained that there were 4 or 5 property owners involved, and that we have to acquire ra.ght oE way on the north side of the street. We have talked to the County previously. He asked that the Council designate a Member to contact the County again. Councilman Harris said that he had talked to them before about this and would be williny Lo carry this further. �- � REGULAR COUNCIL MEETING, MAY 20, 1968 PAGE 25 i �S J Councilman Harris asked about the possibility oi vacating 732 Avenue and thereby creating an exehanye of land. It was pointed out that if easements are vacated zhe property goes back to the property owner. MOTION by Councilman Samuelson to adopt Resolution No. i9-1968. Motion seconded and upon a voice vote, Councilman Sheridan abstaining, Kirkham, Liebl, Hasris, Samuelson voting aye, Mayor Kirkham declared the motion carried. RESOLUTION NO. 80-1968 AUTHORIZING THE ISSUANCE OF CERTIFICATES OI' INDESTEDNESS FOR THE PURCHASE OF A FIRE TRUCK: MOTION ny Councilman Harris to adopt Resolution No. 80-1968 in agYee- ment with the Firemen's Relief Associata.on. Piotion seconded and upon a voice vote, atl voting aye, Mayor Kirkham declaxed the motion carried unanimou�ly. The question of interest rate was brought up. it is hoped that it will be 5 3/8% as previously. RESOLUTION NO. 81-1968 - ADVERTISE FOR BIDS FOR CARPETING FOR SHORE- WOOD LOUNGB• MOTION be Councilman Harris to adopt Resolution No. 81-1968. Seconded by Councilman Liebl. Upon a voice vote, all voting aye, Mayor Kirkham dec�ared the motion carried unanimously. Councilman Iiarris asked if this was the only improvement planned. The City Manager said that they were planning to fix the sinks etc. Councilman Harris felt that thi5 should all be done at once, as they also need new tables and lounge chairs etc., and that if it ran over $1,000 it would have to be bid. RESOL•U`�`TON NO 82-1968 AUTHORIZING AND DIRECTING THE SPTITTING OF SPECIAL ASSESSMENTS ON PART OF OUTLOT 1, PARCEL 4720, MELODY MANOR 4TH ADDITION• MOTION by Councilman Sheridan to adopt Resolution No. 82-1968. Seconded by Councilman Liebl. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unana.mously. RESOLUTION NO. 83-1968 AUTHORIZING AND DIRECTING THE SPLITTING OF SPECIAL ASSESSMENTS ON PARCEL 900, PART OP LOTS 21 AND 22, BLOCK 1, OSTMAN'S 3RD ADDITION: a , ��t� REGUI,F�R COUNCIL MEETING, MAY 20, 1968 PAGE 26 MOTION by Councilman Samuelson to adopt Resolution No. 83-1968. Seconded by Councilman Liebl. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously. Ft�SOL•UTTON NO 84-1968 - AUTHORIZING AND DIRECT N'rHE SPLITTING OF SPECIAL ASSESSMENTS ON PARCEL 1450, LOT 29, BLOCK 1, INNSBRUCK STH ADDITION: MOTION by Councilman Harris to adopt Resolution No. 84-].968. Seconded by Councilman Samuelson. Upon�a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously. COIJSIDERATION OF APPROVAL OF CERTIFICATES OF ACHIEVEMENT: MOTION by Councilman Liebl to concur with the certificates of achievement as presented. Motion seconded and upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously. DISCUSSION OF BEVERAGES SERVED AT SHOREWOOD: MOTION by Councilman Samuelson to concur with the Administration and discontinue the sale of draft beer at Shorewood Lounge. Motion seconded by Councilman Liebl. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously. DISCUSSION OF REVAMPING OF 69TH AVENUE CROSSING AT T.H. #47 FOR ARENA TRAFFIC• MOTION by Councilman Samuelson to concur with concept, and request that the Administration approach the State Highway Department requesting they pay all costs within their right of way. Motion seconded and upon a voice vote, all voting aye, Mayor Kixkham declared the motion carried unanimously. Councilman Harris pointed out that it should be a talking point with the state that they do not provide an adaquate safety lane and they should pay ior everything within the right of way. CLAIMS• MOTION by Councilman Liebl to approve General Claim No. 14845 through 14943, and Liquor Claim 2213 through 2268. Seconded by Councilman Sheridan, and upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously. r- I REGULAR COUNCIL MEETING; MAY 20, 1968 E5TIMATES• PAGE 27 MOTION by Councilman Sheridan to approve the fo11ow1ng estimates: Suburban Sexver and Water, Incorporated 4550 Central Avenue N.E. Minneapolis, Minnesota 55421 Estimate #4 (Partial) Sanitary sewer, Water and Storm Sewer Improvement Pro�ect No. 88 according to the Contract. Berglund - Johnson, 351 Second street ExcelsioY, Minnesota Inc. 55331 Estimate #5 (Partial) Fridley Municipal Garage according to the Contract Harris Brothers Plumbing Company 217 - 219 West Lake Street Minneapolis, Minnesota 55408 E&timate #1 (Partial) Fridley Municipal Garage according to the Contract Comstock and Davis, Inc. Consulting Engineers 1446 County Road J Minneapolis, M�.nnesota 55432 For the furnishing of resident inspection and resident supervision for the sLaking out of the construction work for the following: $24,454.53 $18,871.00 $ 2,610.00 Estimate #3 - Sanitary Sewer, Water, and storm Sewer Improvement Project No. 88 from April 1, 1968 to April 27, 1968 (73rd, and Norton Avenue area) $ 2,060.13 Estimate #p13 - Sanitary Sewer, Water, and Storm Sewer Improvement Project No. 79 from April 1, 1968 to April 27, 1968 (Commerce Park, Swanstrom Court area etc.) $ 16.10 �'-�i � ��-� REGULAR COUNCIL MEETING, MAY 20, 1968 PAGE 28 Mocion to approve the estimates seconded by Councilman Liebl. Upon a voice vote, al1 voting aye, Mayor Kirkham declared the motion carried unanimously. YOUTFi ACHIEVEMENT AWARDS: MOTION by Councilman Liebl to approve the youth achievement awards for Valedictorian, Salutatorian, and Eagle Scouts as presented. Seconded by Councilman Samuelson. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously. COMMUNICATIONS: A. FRID7,EY JAYCEES, CONCERNING THEIR RESOLUTION PASSED REGI�RDING THE LIQUOR QUESTION: MOTION by Councilman Harris to receive the Jaycees communication. Motion seconded and upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously, B. TELEGRAM - SANIUEL MAZZ7i(YPT2, MAYOR OF OELWEIN, IOWA: The City Manager read the telegram from the Mayor of Oelwein, Iowa, and said that he had sent leti:ers to both toxnado cities, Oelwein and Charles City, Iowa, ofEering assistance. This telegram thanking the City was in response to his telegram. MOTION by Councilman Iiarris to receive the telegxam. Motion seconded and upon a voice vote, all voting aye, Mayor Kirkham declared ihe motaon carried unanimously. CONSIDERATION OF REMODELING IN LOWER LEVEL OF CIVIC CENTER: The City Attorney explained that he had been in Court last Friday, and although the Judge did not give a decision, the City Attorney's opinion �vas that the Judge did not feel the City had sufficient reason for not awarding the bid to Dedolph Construction Co. He suggested two courses of action: one was getting an order from the Court setting aside the award to the second lowest bidder, then the Council could Cnter into a contract with the lowest bidder. Then Mr. Dedolph's Attorney would dismiss the case and there would be no Attorney's fees. The second alternative would be to reject a11 bids and go out for re-bidding. He said he would like a ieeling from the Council before he goes back to Court next Friday. € � `� r REGULAR COUNCIL MEETING, MAY 20, 1968 PAGE 29 After a short discussion, it was generally felt that it would be best to re�ect all bids and re-bid. The City Attorney said that he would do some further research into the liability of the City involved in going for re-bids. ADJOURNMENT : There being no further business, Mayor Kirkham declared r.he Meeting of the Regular Council Meeting of May 20, 1968 ad,7ourned ar. 12:15 A.M. Re pectfully submitted, uel Me�e� Secretary to the Council , � �� ��L /,f<<<��, �^� c � < �� Jack O. Kirkham Mayor � ��4)