03/02/1970 - 00018987� ����
THE MINUTES OE THE REGULAR WUNCIL MEET2NG OF MARCH 2, 197D �
Mayor Kirkham called the Regular Council Meeting of March 2, 1970 to order
at 7:37 P.M.
PLEDGE OF ALLEGIANCE:
Mayor Kirkham requested that the audience rise and �oin the Council in
saying tY.e Pledge of Allegiance to the Flag.
ROLL CALL:
MEMBERS PRESENT: Samuelson, Sheridan� Kirkham, Liebl
MEMBERS ABSENT: Harris
ADOPTION OF AGENDA:
Mayor Kirkham stated that there were some items to add as follows
Sefore consideration of new business add: Seating of First Ward Councilman.
45. Add General Contractor's license for Gerald Eich
48B. Approval of letter from City to County regarding Soint Law Enforcement �
Council.
MOTION by Councilman Liebl to adopt the Agenda as amended. Seconded by
Councilman Samuelson. Upon a voice vote, all voting aye, Mayor Kirkham
declared the motion carried.
VISITORS
Mayor Kirkham asked if there was anyone present who wished to speak on any
item not on the Agenda with no response.
CONSID�RATION OF LICENSE FOR CASINO ROYALE
Mr. Harry Coult, Attorney for Mr. and Mrs. Carl Rostberg, said that he wished
to point out that for about two years NLr. and Mrs. Rostberg have been
running the busa.ness and had a good record. In 7anuary they entered into a
business arrangement whereby they would have two managers to run the estab-
lishment. At that time Mr. RostUerg pointed out to them that they must obey
the rules as set down by the City. Following their take-over of the manage-
ment, there were two violations in Sanuary, whereupon, Nlr. Rostberg again
talked to them and told them they must obey the law. Mr. Rostberg has gotten
rid of the managers and he will again be managing the establishment. Mr.
Rostberg will eventually be selling the business.
Councilman Sheridan said that he had spoken to Mr. Rostberg and had told him �
that his license is a pra.viledge. He said that Mr, Rostberg has shown him-
self to be an honorable man, but he erred in allowing another to run his
business under his license. After receiving a warning, he did attempt to
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REGULAR COUNCIL M�ETING OF MARCH 2, 1970
PAGE 2
correct the situation, by getting rid of the managers he had hired. This
establishment has been run as an adult group, with no teen agers. His
present license does not allow him to operate on Saturdays.
MOTION by Councilman Sheridan to remove the suspension and allow Casino
Royale to operate during norma2 hours. At the termination date of his license,
he will have to re-apply for a new license. Seconded by Councilman Samuelson
for dxscussion.
CouncYlman Samuelson saad that he was against this operatzon in the first
place and had voted against it. He said that he understood that now it is ari
adult operatian, and Councilman Sheridan said yes. Councilman Samuelson
said that this would have some softening effect, as he had never approved of
mixing a teen aqe club with an adult club
Councilman Liebl asked if Mr. Rostberg had a policeman in attendance. Mr.
Rostberg replied not a uniformed officer. Councilman Liebl pointed out that
the violations did not irroolve teen agers, and he hoped that Mr Rostberg
would observe the City laws. The Assistant City Attorney pointed out that
there must be a police officer in attendance for a public dance. He also
said that this license is not transferrable. Councilman Liebl said that most
places must have an officer present and since this procedure started, there
has been much less trouble with Club 47 and Frontier Club.
Mayor Kirkham said that he felt much the same as Councilman Samuelson, and
that he also had voted against this operation. Councilman Sheridan pointed
out that this is an adult club like any other within the community.
UPON A ROLL CALL VOTE, Liebl and Sheridan voting aye, Samuelson and Kirkham
voting nay, Mayor Kirkham declared the MOTION FAILED
SEATING OF FIRST WAR➢ COUNCILMAN
The City Clerk swore in Timothy Breider as the First Ward Councilman and
issued his Certificate of Electa.on. The Council congratulated and thanked
outgoing Councilman Samuelson and welcomed Councilman Breider.
RECONSIDERATION OF CASINO ROYALE LICENSE:
Councilman Liebl asked the Assistant City Attorney if Mr, Rostberg could come
back when there is a full Council present and ask to have his license re-
instated. The Assistant City Attorney said that this could come back on the
Agenda any time. Mr. Coult asked if it could be put back on now, since
there iias been a change in Council members and the Assistant City Attorney
said only if the prevailing side were to so move. Mayor Kirkham said that
this would be back on the Agenda March 16, 1970
DISCUSSION REGARDING DOG PROBLEM IN FRTDLEY• (On Agenda at request of Carl
Paulson)
�Mr. Carl Paulson, 430 57th Place, came forward and presented the following
._ prepared statement:
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REGULAR COUNCIL MEETING OF MPRCH 2, 1970
"To the City Council, Fridley
In the matter of the City's en£orcement of
two questions that should be of special interest
and child living a.n Pridley.
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the laws, there are
to every man, woman
First: The inherent right of citizens to protection under the law.
Second The obligation of elected officials sworn to uphold the law
and their obligation to grant equal rights to all citizens.
The complaints of citizens that have gone on over a long period of
time have culminated in an attempt to get compliance with the law.
The specific point to be made here is that of dog packs endangering
the lives of small children as well as adults and other dogs which are
kept confined on the owners property.
Dog packs are the culminating effects of dogs allowed to roam
about the community unhindered.
The records of every community show that all dogs are not licensed,
And I think that the records held by licensed veterinarians also indicate
that not all dogs are protected against infection diseases.
The required shots for dogs are four in number� which provzde pro�
tection against canine distemper, infections hepatitis, leptospirosis
and rabies.
Efforts by Citizens
Attempts by myself and others to put an end to stray and unleashed
dogs roaming about unhindered over a period of more tlian a year have
forever fallen on deaf ears. The same dogs were always seen.
The efforts of citizens that have continued over a long pexiod o�
time culminated in an attempt to get compliance with the law when an
intolerable situation arose. On January 20, 1970 I addressed a letter
to the city officials, calling attention to, among other things� this
matter as follows: 'EVen the canine roam the streets at will to this
very date.' unquote.
Infectious Diseases
Infectious diseases can be transferred from one dog to another. And
in addition to this there is that ever lurking danger o£ a dog becoming
infected with a tape worm. Fleas are hosts to tape worms which makes
possible this infecta.on. Round worms can be picked up from the droppings
of other dogs. People who care about their own dogs care about these
things. They are always mindful of their dog's well being -- as to
theix health, their comfort and their peace of mind.
If a child or dog is bitten by a floating canine, this dog would have
to be located and tests made as to whether he has rabies. If the dog
cannot be found the child would have to undergo very painful treatment.
This holds true £or adults as well.
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REG[]LAR COUNCIL MEETING OF MARCH 2, 1970
� Carl Paulson's statement continued.
Dog Packs
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On Sunday, February 8, 1970 a pack of dogs (6 in number) came onto
m�Z front driveway and moved from there along the street. My having known
about what had happened in another community I felt impelled to call the
dog patrol. Although they had not answered peoples calls before this, I
felt they would consider this of such severity that they would be un-
pelled to come out on call as requested, which they promised to do. The
day went by and nothing happened. The next morning, Monday, and 7ust
ahead of the children who pass through on their way to school, this dog
pack returned. I again called tYie dog patrol, but they failed to respond,
as usual On Tuesday morning the dog pack came into my yard at which
time I immediately brought our own dog into the house. At this point I
told my wife that this is a very dangerous situation with these small
children walking among these dogs.
Right then I said a little prayer. `God help these dear children',
Tmmediately the thought came to me: Ca11 Western Union and send word to
the City of Fridley with the last part stating 'There is no more time
for dilly dally'. This was, in fact, an ultimatum. After this message
was delivered, two B& L� patrol trucks toured the area in the vicinity of
Parkview Elementary School. Later one of the men stopped at my home and
� told my wife that 'There are no dogs in the area.' She politely told
them that maybe they should come back tomorrow morning when the dogs are
normally roaming the streets. It was Wednesday when two patrol trucks
were back. One of these men was seen trying to impound two different dogs
and failed in each instance. He did not throw a snare as was stated to
the Mpls. Star. And the other statement which referred to the St.
Paul Humane Society has been denied as without substance. I request
that the B& E Patrol Company retract both of these statements as printed
in the Mpls Star.
Carl A, Paulson"
Mayor Kirkham thanked Mr. Paulson for his presentation.
(NOTE) This item was again discussed at the end of the Meeting.
DISCUSSION REGARDING REQUEST FOR PERMIT TO BORE A NEW WELL. (Mr. Wayne Sether,
7649 East River Road)
The City Engineer said that in 1968 there were two proposals presented to the
Council. One was to run the water line on the east side of East River Road, and
the other was to bore under East River Road and provide individual connections
to the properties without municipal water. The Council considered proceeding
wa.th the first proposal to run the water line. A Public Hearing was held and
7 out of the 11 property owners did not want the line. Mr. Wayne Sether,
� 7649 East River Road is now without water and is requesting permission to
drill a deep well. In 1965 the cost for boring under East River Road was
approximately $1100 and now it is estimated at $1500. There is some urgency
in this matter as this family is without water. The decision xequested to be
made by the Council is whether to allow the drilling of more deep wells, He
pointed out that a.f it a.s allowed here, there may be other requests.
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REGULAR COUNCIL ME�TING OF MARCH 2, 1970 PAGE 5
Mr. Wayne Sether said that the boring under East River Road was investigated
thoroughly by the contractor and they felt that it was not a practical idea
and a concrete estimate could not be made. They estimated it at $1500, but
with an open end contract in case of unforseen trouble. He agreed that the most
practical idea would be a water line, but his neighbors do not want the line as
they are havzng no trouble with their own wells. He sald that he would be
going from a 9' well to a lOD' we11. He said that the cost would be $3.50
per foot, or $350 for the we11, and he could use his present pump.
Councilman Sheridan said that the water line wonld be the best solution� but
this would not provide relief right now. The neighbors wells may last for
another 10 years or so. He said that he was in favor of granting the request.
Councilman Liebl pointed out that he would have to have his water checked. He
said that he has always advocated hooking onto the municipal supply, but in
this case he agreed with Councilman Sheridan.
MOTION by Councilman Sheridan to grant the request for a permit to drill a
100' deep well at 7649 East River Road, request by Mr. Wayne Sether.
Seconded by Councilman Breider Upon a voice vote, all voting aye, Mayor
Kirkham declared the motion carried.
RECEIVING THE MINUTES OF TIIE PLANNING COMMISSION MEETING OP FEBRUARY 18� 1970:
1. LOT SPLIT REQU�ST, L.S. #70-01, EUGENE HENRIKSEN: Lots 1-4, Spring Brook
Park
The City Engineer explained that there are four lots along 79th Way that are
all 30' except for one last lot that is 41.9'. The re�uest is to combine the
lots, then splrt into equal lots. They will be about 65� foot lots. The
Planning Commission recommended approval. Now the applicant is requesting
that Lot 2, Block 1, Spring Brook Park be split into two parcels of 20' and
1D' width making a buildable parcel of 70' width so that there is 10� side
yard on each side of the house and then there will be a width of 61.5' left
between Lot 1 and 2.
MOTION by Councilman Breider to grant the lot split requested by Eugene
Henriksen Seconded by Councilman Liebl. Uppn a voice vote, all voting aye,
Mayor Kirkham declared the motion carried.
2. REZONING REQUEST ZOA #70-01, NORMAN E. RIEDEL: On Sth Street to 7th
Street, from Mississippi Street to 63rd Avenue N.E,
The City Engineer said that this request was denied by the Planning Commission.
Mr. Norman Riedel, a member of the audience, requested a Public Hearing Uefore
the Crty Council.
MOTION by Councilman Liebl to set the Public Hearing date for the Norman
Riedel rezoning request for April 13, 1970. Seconded by Councilman Sheridan.
Upon a voice vote, ai1 voting aye, Mayor Kirkham declared the motion carried.
MOTION by Councilman Sheridan to receive the Minutes of the Planning Commission
Meeting of February 18, 1970. Seconded by Councilman Breider. Upon a voice
vote, all votznq aye, Mayor Kirkham declared the motion carried.
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REGULAR COUNCIL MEETING OF MARCH 2, 1970
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RECEIVING THE MINUTES OF THE PARKS AND RECREATION COMMISSION MEETING OF
FEBRUARY 23, 1970:
The City Engineer asked for direction in regard to the park facility in
con7unction with the Locke Park we11 house. Councilman Liebl said that he
thought that the Council decision was to budget this over perhaps a three
year period and go ahead with the plans, but delay budgetting until 1971.
Councilman Sheridan added that this was to be let with the bids as an
alternate. He pointed out that there would be very little use of the facility
this year. The City Engineer said that there would be some additional
cost in drawing up the plans with the alternate. Councilman Sheridan said
that if it was not done as an alternate, it would be difficult to delete,
in the event the bids came in very high.
MOTION by Councilman Sheridan to direct the Administration to go ahead and
draw up the plans for the park facility as an alternate to be 1et in con-
junction with the well house Seconded by Councilman Breider. Upon a voice
vote, all voting aye, Mayor Kirkham declaxed the motion carried.
Counca.lman Liebl said that he was also very interested in the bridge across
Rice Creek for access to Locke Park from the south. He said thie was dis-
cussed three years ago, but nothing came of a.t. Mayor Kirkham said that he
also was interested, but that other things took priority. He said that this
would be a good addition to the �ark system. Councilman Sheridan said that he
believed there was an organization interested in helping with this project.
MOTION by Councilman Liebl to instruct the Parks and Recreation Commission
to pursue studies on this bridge. Seconded by Councilman Breider. Upon a
voa.ce vote, all voting aye, Mayor Kirkham declared the motion carried.
DISCUSSION REGARDING LICENSE FEES - SERVICE STATIONS AND OFF-SALE BEER:
The Finance Director explained that currently the charge is $3.00 per pump,
so every station would vary. He felt that a flat charge per station would be
more sensible, with the suggested charge being $30.00. The average charge for
a service station is about $20.00 now.
Councilman Liebl wondered if living close to the core city, the charge should
be raised to $40.D0. The Assistant City Attorney asked who was in charge of
the inspections and the Finance Director said the Fire Prevention Bureau Chief.
The Assistant City Attorney said that in some cases there are hoses on both
sides of the pump and in some cases only on one side, What is to be done
there� He felt that a flat charge would be more appropriate. The fees have
not been raised since the ordinance went into effect about 1954 or 1955.
Councilman Sheridan agreed with the Finance Director's suggestion and said
that the question is, how much should the aharge be. Mayor Kirkham said that
the purpose of the license is to cover the inspecta.ons and the paper work, Uut
it is not to be in any way a tax. The license fee must reflect the actual
cost of the license. The Finance Director said that $30.00 would be an
average charge compared to other communities.
MOTION by Councilman Breider to raise the license fee for gas stations to
$30.00 per station per year. Seconded by Councilman Sheridan. Upon a voice
vote, all voting aye, Mayor Kirkham declared the motion carried.
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REGULAR COUNCIL MEETING OF MARCH 2, 1970
PAGE 7
Mayor Kirkham said in regard to the off-sale beer license that when he was
at the seminar in California he learned that some muna.cipalities charge a
small license fee and also a city tax. He wondered if this was possible.
The Finance Director said 'not that he was aware of. The Assistant City
Attorney said that he did not believe the City of Fridley had the power,
but he would research rt. The Finance Director said that currently the
charge is $5.00 per year and he felt that it should be raised to $10 or
$15. This would fall more in line with what other communities charge.
Councilman Sheridan pointed out that the beer license is usually in addition
to other licenses such as food establishment or cigarettes.
MOTION by Councilman Sheridan to increase the off-sale beer license from $5
to $15 per year. Seconded by Councilman Liebl. Upon a voice vote, all
voting aye, Mayor Kirkham declared the motion carried.
The ordinances for these changes are to be brought back for first reading on
March 16, 1970.
DISCUSSIDN REGARDING USE DF GAS ENGINES FOR ONE OF OUR NEW WELLS�
The City Engineer said that the City has one gas engine in the Commons area
and there has been some discussion on whether another should be installed so
that theze would be an additional power source in the event of an electrical
failure. Mr. Ice Comstock, of Comstock and Davis, Inc., Consulting Engineers,
brought the plans for the new wells forward and explained them to the Council.
He said that his recommendation would be, providing the Council wished to
install a gas engine, that it be installed at Well #13 in the vicinity of
East River Road and I. 694 where there is industrial zoning. The City
Engineer commented that the electrical power used for the wells is from
three sources, so the chance of them all going out would be minimal. Mr,
Comstock said that the inrtial cost of the gas installation is more expensive
but the gas rates are cheaper, so after a 10 year period the overall cost
would be about equal, but the advantage would be another power source. It
would probably take from four to six weeks additional to install the gas
engine rather than an electrical engine because some of the building has to
6e completed fixst, It might not be in operation when it is needed during
the peak use. Councilman Liebl asked about maintenance in case of break--
downs and Mr. Comstock said that the Gas Company has a good maintenance
policy.
MOTION by Councilman Sheridan to instruct the Administration to draw the
specifications for a gas enqine for installation in Well #13. Seconded by
Councilman Breider. Upon a voice vote, all voting aye� Mayor Kirkham declared
the motion carried.
DISCUSSION REGARDING SOML' PROBLEMS ON STREETS IN IMPROVEMENT PROJECTS ST.
1970-1 AND W&S #93
Lakeside Road from Osborne Road to 75th Avenue:
The City Engineer explained that his department is in the process of calling
for bids for this pro7ect. He said that he wanted to point out that in this
vicinity there is a great deal of tax forfeit land. The plans as drawn are
for a complete street with curb and gutter. He questioned whether the Council
would want to cut back the work by delaying the curbing until the property
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REGULAR COUNCIL MEETING OF MARCH 2, 1970 PAGE S
� dev�lops. The street could be completed, but the curbing could wait until
the water and sewer services are in. This area has not developed as fast
as anticipated. The cost of the whole job given at the Public Hearing was
$17.68 per foot. Deleting the curbing at this tune would reduce the cost by
about $5 or $6, so the cost would be around $12 per foot.
Councilman Liebl asked if this street was petitioned for and the City Engineer
said no, it is part of the 10 year street improvement program Those present
at the Public Hearing we're in favor of the improvement. Approximately 40� of
the land is tax forfeit.j Additional assessments may further slow down
development Councilman Sheridan pointed out that the costs later for the
curbing and levelinq mat would be higher. The City Engineer said yes, but
the leveling mat would extend the life of the street.
Councilman Breider suggested that the people involved should be notified of
the revamping of plans. Mayor Kirkham said that he had no ob�ection to this.
Councilman Sheridan asked when the bids were to be let and the Crty �ngineer
said they were receiving the bids March 16th He added that as much as possible
he wanted to get these problems cleared up bef�e the bid letting.
MOTION by Councilman Liebl to instruct the Administration to notify the people
and ask them to come to the Meeting of March 9, 1970. Seconded by Councilman
Breider. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion
carried.
� T.H #65 East Service Road: From 73� Avenue to Fireside Drive:
The City Engineer said that this road is in the vicinity of the trailer park.
There have been negotiations with the property owners to see if they would
be receptive to providing the necessary right of way. The lots were
appraised at $15,000 and $12,000, which is an extremely exhorbitant award.
He asked if the Council wished the service road extended all the way north,
or 7ust far enough to provide access. There has been no positive response
in the negotiations for the rest of the land.
Councilman Liebl asked if this road is not needed to get to the well house
and the City Engine�r said only the south portion. Councilman Sheridan
wondered why not �ust do the south end with grading and gravel until there is
a need for the rest of the road to the north. The City Enqineer said that
funds have been expended for the right of way acquisition as part of the
improvement pro7ect. If this road is not improved, can it still be assessed?
The Assistant Crty Attorney said that he would like to research this to see
if the acquisition costs can be assessed if the entire improvement pro7ect
is not done. The Council agreed that it should be �ust a minimal type of
roadway.
Sth Street from 54th Avenue to I. 694:
The City Engineer explained that this street is in the vicinity of the cemetery
� and in this instance the problem is a fence and some graves within the right
of way. The legal entanglements o£ moving the graves are involved, and he
_ asked if the Council would agree that the road should be shifted to the west
as must as possible. After a short discussion, the Council agreed this
seemed to be the best solution.
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REGULAR COUNCIL MEETING OF MARCH 2, 1970
Pro7ect W&S �93
PAGE 9
The City Engineer explained that this pro�ect is for the installation of
water and sewer in Onaway Addition and East Ranch Estates 2nd Addition.
The plat of East Ranch Estates 2nd Addition has not as yet been filed so
the easements are not available. Mr. Peter Lindberg has promised to send
a letter to the City that the deeds will be forthcoming. The City needs the
right of way so the utilities can be installed. Mr. Albert Johnson said
that he is the owner of the property and he questions whether he got a
legal Public Hearing notice. Mr. Lindberg has stated that he stands on his
statement of last December when he said that he wanted the improvements in
the plat.
The Finance Director said that according to their records, Mr. Albert
Johnson was sent a notice. Councilman Liebl said that he felt that they
should keep their word and file the plat. They are holding up construction.
Councilman Sheridan said that a letter from Mr. Lindberg promising the
easements is of little value, the deeds are needed. He felt that the project
should proceed as planned. If the City's records show that Mr. Johnson was
sent a notice, there should be no problem. The development to the north will
need these utilities installed.
CONSIDERATION OF APPROVAL OF THE PLANTING FOR NSP MOORE LAKE SUBSTATION ON
T.H. #65
Mr, Larry Benson, of NSP, came forward and showed the plans to the Council
at the table. He said that they are letting bids now and it is hoped that
completion will be early summer. The Council agreed that the plans were
satisfactory.
MOTION by Councilman Breider to approve the plans for the plantings for the
NSP Moore Lake Substation. Seconded by Councilman Sheridan. Upon a voice
vote, all voting aye, Mayor Kirkham declared the motion carried.
CONSIDERATION OF NSP POWER LINE ON 73RD
The City Engineer said that this was originally planned as an underground
secondary line. Now they are requesting permission for an overhead line
along 73rd Avenue. He understood that NSP is running into a problem of
a shortage of power. Eventually all the lines will be underground. The
hope was that when there is any new installation, that it would be under-
ground. NSP seems to feel that the lines should be overhead now and go
underground later.
Mr. Larry Benson said that it was originally planned for an underground
feeder. It wi11 come out of Moore Lake Substation. There probably would not
be a request for an overhead line if there had not been requests by the City
for street lights along 73rd Avenue. Councilman Sheridan asked if the requests
for the street lights were withdrawn, would the lines go underground and Mr.
Benson indicated not. Councilman Liebl felt that overhead lines would not
be approved of by the residents, and it surely would not enhance the neighbor-
hood. Mr. Benson then brought his plans forward to the Council table for
discussion. Councilman Breider asked for a cost comparison between the over-
head and underground lines and also if this is allowed to go overhead, when
will it go underground. Mr. Benson said that he did not know when it would
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REGULAR COUNCIL MEETING OF MARCH 2� 1970
PAGE 10
� go underground. If the industrial growth develops qurte quickly, it may go
underground faster than some of the other lines. As to the cost comparison,
he did not have that With him. Councilman Liebl felt that the cost com-
parison should be submitted so that the Council could ascertain whether or
not requesting that the lines must go underground would be a reasonable
request. He did not feel that the residents would like to be burdened with
more 4D' poles. Councilman Sheridan agreed that if possible, he would like
to see the line developed underground.
RECEIVING NSP REPORT FOR FEBRUARY 20, 1970 AND FEBRUARY 27, 1970
The City Engineer said that the report dated February 27, 1970 was 7ust received
today. Things seem to be moving along nicely and so far they have met the
schedule given the Council. Mr. Benson said that he had checked the date for
stringing the lines and it may be May lst, because of a man power situation
Councilman Breider asked about Item C(Induction Task Force Activity) on the
report, and wondered what measures will be taken if the investigations come
up negative. What if it interferes wzth the railroad's signal system� Mr.
Benson said that they cannot energize the lines until it is solved. Mayor
Kixkham said that he understood that lt is not an insolvable situation, it
7ust requires study. Mr. Benson agreed and commented that this type of
problem has never been encountered before.
� MOTION by Counca.lman Sheridan to receive the reports from NSP dated February
20th and February 27, 1970. Seconded by Councilman Breider. Upon a voice
vote, all voting aye, Mayor Kirkham declared the motion carried.
OFFICIALLY RECEIVING APPRAISAL REPORT ON SHOREWOOD LOUNGE:
Councilman Breider said that he �ust received this report this evening and
he asked the Council's indulgence in laying this over,
MOTION by Councilman Breider to table this item to the Meeting of March 16,
1970, to allow time for analysis. 5econded by Councilman Liebl.
Councilman Liebl said that he agreed that Councilman Breider should have a
few weeks to look the report over He said that the report was good, factual,
and very professionally done. It provides the Council with the pertinent
knowledge necessary. He pointed out that there must also be a complete app-
raisal of the 37th Avenue Lounge. He questioned also whether the property
should be leased or sold.
THE VOTE upon the motion, being a voice vote, all voting aye, Mayor Kirkham
declared the motion ca�'ried.
APPROVAL OF LETTER TO SHELL OIL COMPANY REGARDING STATION AND LOOP SACK AT
61ST AVENUE AND UNIVERSITY:
� MOTION by Councilman Liebl to approve the letter as it appears in the Agenda
and authorize it being sent to She11 Oil Company. Seconded by Councilman
Sheridan. Upon a voice vote, all voting aye, Mayor Kirkham declared the
motion carried.
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REGULAR COUNCIL MEETING OF MARCH 2� 1970 PAGE 11
DISCUSSION REGAR]]ING QUIT CLAIM DEED FOR REQUESTED RETURN OF EASEMENT RIGHTS:
(William Keefer for Mrs. Kuschke)
The City Engineer explained that last year the City had a request to accept
a dedication to provide access to 1641 Gardena Avenue. This was to get
F.H.A financing It was for ahout 12.75' in width, and now they want the
easement back as they could not get the F.H.A. financing.
Councilman Shera.dan asked if the deed had been £iled. Neither the AssYStant
City Attorney nor the Finance Director knew whether it had been filed or not.
Councilman Sheridan said that it is a publzc roa,dway and if the deed has
never been filed, it may be simply returned. However� if it has, then
there would be a legal requirement for a Public Hearing on the vacation of
the easement.
The Assistant Crty Attorney asked if this public easement is turned back to
them, how will they get to the house. The City Engineer said that they also
have a private easement. It was the F,H.A, that required that the easement
be public.
MOTION by Councilman Sheridan to return the instrument if it has not been
£iled. In the event it has been filed, to instruct the City Engineer to
proceed with setting up a Public Hearing for April 13, 1970, for the
vacation of the easement. Seconded by Councilman Liebl. Upon a voice vote,
all voting aye, Mayor Kirkham declared the motion carried.
CONSIDERATION OF DESIGNATING 7TH STREET A THROUGH
Mayor Kirkham commented that he believed that there were only a few inter-
sections that do not have stop signs. Councilman Sheridan added that in the
City planning, 7th Street was considered an interior through street.
MOTION by Councilman Sheridan to concur with the recommendations of the
Administration and designate 7th Street a through street �rom 53rd Avenue to
67th Avenue. Seconded by Councilman Liebl. Upon a voice vote, all voting
aye, Mayor Kirkham declared the motion carried.
RESOLUTION #36-1970 - RESOLUTION TMPOSING LOAD LIMITS ON PUBLTC STREETS AND
HIGHWAYS IN THE CITY OF FRIDLEY:
MOTION by Councilman Liebl to adopt Resolution #36^1970. Seconded by Counc�.l--
man Breider. Upon a voice vote, all voting aye, Mayor Kirkham declaxed the
motion carried.
RESOLUTION #37-1970 - RESOLUTION TRANSFERRING FUNDS FROM THE REVOLVING
ACCOUNT OF THE STATE AID FUND TO TI3E ST. 1968-3 STREET IMPROVEMENT PROJECT
MOTION by Councilman Liebl to adopt Resolution #37�1970. Seconded by Council-
man Sheridan. Upon a voice vote, all voting aye, Mayor Kirkham declared the
motion carried,
RESOLUTTON #38-1970 - RESOLUTION AUTHORIZING AND DIRECTING THE SPLITTING OF
SPECIAL ASSESSMENTS ON PARCEL 3050, SECTION 11:
MOTION by Councilman Sheridan to adopt Resolution #38--1970. Seoonded 7�y
Councilman Breider Upon a voice vote, all ayes, the motion carried.
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PAGL 12
RESOLUTION #39-197D - RESOLUTION AUTHORIZING AND DIRECTING THE SPLITTING OF
SPECIAL ASSESSMENTS ON PARCEL 3180� SECTION 11:
MOTION by Councilman Sherzdan to adopt Resolution #39-1970. Seconded by
Councilman Breider. Upon a voice vote, all voting aye, Mayor Kirkham
declared the motion carried.
RESOLUTION #40-1970 - RESOLUTION AUTHORIZING AND DIRECTING THE SPLITTING OP
SPECIAL ASSESSMENTS ON PARCELS 3060 AND 3150, SECTION 11, AND REPLATTING INTO
EAST RANCH ESTATES ADDITION, CORRECTING RESOLUTION #7-1970•
MOTION by Councilman Sheridan to adopt Resolution #40-1970. Seconded by
Councilman Breider. Upon a voice vote, all voting aye, Mayor Kirkham
declared the motion carried.
RESOLUTION #41-1970 - RESOLUTION AUTHORIZING AND DIRECTING THE C0P4BILdING OF
SPECIAL ASSESSMENTS ON LOTS 1 AND 2, AND LOT 3A, AUDITOR'S SUBDIVISION #21
(SECOND REVISION)
MOTION by Councilman Sheridan to adopt Resolution �#41-1970. Seconded by
Councilman Breider. Upon a voice vote� all voting aye, Mayor Kirkham
declared the motion carried.
RESOLUTTON #42-1970 - RESOLUTION AUTHORIZING AND DIRECTING TII� COMBINING OF
SPECIAL ASSESSMENTS ON LOT 10, AND PART OF LOT 33, AU➢ITOR'S SUBDIVISION
#23 (REVISION)
MOTION by Councilman Sheridan to adopt Resolution #42^1970. Seconded by
Councilman Breider. Upon a voice vote, all voting aye, Mayor Kirkham
declared the motion carried.
RESOLIITION #43-1970 - RESOLUTION AUTHORIZING AND DIRECTING THE COMBINING OF
SPECIAL ASSESSMENTS ON LOT 26, BLOCK 2, AND LOT 27, BLOCK 2, ONAWAY ADDITION:
MOTION by Councilman Sheridan to adopt Resolution #43-1970. 5econded by
Councilman Breider. Upon a voice vote, all voting aye, Mayor Kirkham
declared the motion carried.
RESOLUTION #44-1970 - RESOLUTION AUTAORIZING AND DIPCC'PING THE COMBINING OF
SPECIAL ASSESSMENTS ON LOT 28� BLOCK 2� LOT 29, BLOCK 2, AND LOT 30� BLOCK 2
ONAWAY ADDITION
MOTION by Councilman Sheridan to adopt Resolution #44-197D. Seconded by
Councilman Breider. Upon a voice vote, all voting aye, Mayor Kirkham
declared the motion carried.
RESOLUTION #45-1970 - RESOLUTION AUTHORIZING AND DIRECTING THE COMBINING OF
SPECIAL ASSESSMENTS ON LOT 5, BLOCK 1, LOT 6� BLOCK 1, AND LOT 7, BLOCK 1,
VALLEY VIEW MANOR
MOTION by Councilman Shera.dan to adopt Resolution #45-1970. Seconded by
Councilman Brea.der. Upon a voice vote, all votang aye, Mayor Kirkham
declared the motion carried.
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REGULAR COUNCIL MEESING OF MARCH 2� 1970 PAGE 13
RESOLUTION #46-1970 - RESOLUTION AUTHORIZING AND DSRECTING THE COMBINING OF �
CDFCIAL ASSESSMENT5 ON LOT 17, BLOCK 3� AND LOTS 18� 19 AND 20, BLOCK 3,
SP,FING BROOK PARK.
MOTION by Councilman Sheridan to adopt Resolution #46-1970. Seconded by
Councilman Breider. Upon a voice vote, all voting aye, Mayor Kirkham
declared the motion carried.
RESOLUTION #47-1970 - RESOLUTION AUTHORIZING AND DIRECTING THE COMBINING OF
SPECIAL ASSESSAIENTS ON LOT 5, BLOCK 7� AND LDTS 6 AND 7� BLOCK 7, SPRING
BROOK PARK:
MOTION Uy Councilman Sheridan to adopt Resolution #47-1970. Seconded by
Councilman Brea.der. Upon a voice vote, all voting aye, Mayor Kirkham
declared the motion carried.
RESOLUTION #48-1970 - RESOLUTION AUTHORIZING AND DIRECTING THE COb1BINSNG OF
SPECIAL ASSESSMENTS ON LOT 25, BLOCK S, AND LOT 26, BLOCK S, RIVERVIEW
HEIGHT5:
MOTION by Councilman Sheridan to adopt Resolution #48-197D. Seconded by
Councilman Breider. Upon a voice vote, all voting aye, Mayor Kirkham
declared the motion carried.
RESOLUTION #49-1970 - RESOLUTION AUTHORIZING AND DIRECTING THE COMBINING OF �
SPBCIAL ASSESSMENTS ON LOT 11� BLOCK 3, AND LOT 12, BLOCK 3� SPRING BROOK
PARK:
MOTION by Councilman Sheridan to adopt ResoLution #49-1970. Seconded by
Councilman Breider, Upon a voice vote, all votinq aye, Mayor Kirkham
declared the motion carried.
RESOLUTION #SO-1970 - RESOLUTION AUTHORIZING AND DIRECTSNG THE COMBINING OE
SPECIAL ASSESSMENTS ON LOT S, BLOCK 1. AND LOT 9, BLOCK 1. OAK GROVE ADDITION^
MOTION by Councilman Sheridan to adopt Resolution #50-1970. Seconded by
Councilman Breider. Upon a voice vote, all voting aye, Mayor Kirkham
declared the motion carried.
RESOLUTION #51-1970 - RESOLUTION AUTHORIZING AND DIRECTING THE COMBINING OF
SPECIAL ASSESSMENTS ON NORTH '-z OF LOT 22, AND ALL OF LOT 23� BLOCK 24� AND
SOUTH =z OF LOT 24, BLOCK 24, HYDE PARK ADDITION;
MOTION by Councilman Sheridan to adopt Resolution #51-1370. Seconded by
Councilman Breider. Upon a voice vote, all voting aye, Mayor Kirkham
declared the motion carried.
RESOLUTIOSS #52-1970 - RESOLUTION AUTHORIZING ANll DIRECTING THE COMBI.
SPECIAL ASSESSMENTS ON LOT 7. BLOCK T, AND LOT 8, SLOCK T, RIVERVTEW
MOTION by Councilman Sheridan to adopt Resolution #52-1970. Seconded by �
Counci]man Breider. Upon a voice vote, all voting aye, Mayor Kirkham
declared the motion carried.
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PAGE 14
RESOLUTION #53-1970 - RESOLUTION AUTHORIZING AND DIRECTING THE COMBINING OF
SPECIAL ASSESSMENTS ON LOT 7, BLOCK G, AND LOT 8, BLOCK G, RIVERVIEW HEIGHTS:
MOTION by Councilman Sheridan to adopt Resolution #53-197D. Seconded by
Councilman Breider Upon a voice vote, all voting aye, Mayor Kirkham
declared the motion carried.
RESOLUTION #54-1970 - RESOLUTION AUTHORIZING AND DIRECTING THE COMBINING OF
SPECIAL ASSESSMENTS ON LOT l, BLOCK 4, AND LOT 2, BLOCK 4, CITY VIEW:
MOTION by Councilman Sheridan to adopt Resolution #54-1970. Seconded by
Councilman Breider. Upon a voice vote, all voting aye, Mayor Kirkham
declared the motion carried.
RESOLUTSON #55-1970 - RESOLUTION AUTHORIZING AND DIRECTING THE COMBIN2NG OF
SPECIAL ASSESSMENTS ON LOT 12, BLOCK 4, AND LOT 13, BLOCK 4, CITY VIEW:
MOTION by Councilman Sheridan to adopt Resolution #SS-1970. Seconded by
Councilman Breider. Upon a voice vote, all voting aye, Mayor Ki�'kham
declared the motion carried.
RESOLUTIQN #56-197� - RESOLUTION AUTHORIZING AN➢ ➢IRECTING TAE COMSINING 0�
SPECIAL ASSESSMENTS ON LOT 27, BLOCK E, AND LOT 28, BLOCK E, RIVERVIEW
HEIGHTS
MOTION by Councilman Sheridan to adopt Resolution #56-1970. Seconded by
Councilman Breider Upon a voice vote� all voting aye, Mayor Kirkham
declared the motion carried. �
RESOLUTION #57-1970 - RESOLUTION AUTHORIZING AND DIRECTING THE COMBINING OF
SPECIAL ASSESSMENSS ON E. 95.5' OF LOT l� BLOCK 3� � 95.5' OF LDT 2, BLOCK
3, AND E. 95.5' OF LOT 3, BLOCK 3, SPRING BROOK PARK ADDITION•
MOTION by Councilman Sheridan to adopt Resolution #57-1970. Seconded by
Councilman Breider. Upon a voice vote, all voting aye, Mayor Kirkham
declared the motion carried.
RESOLUTSON #58^1970 - RESOLUTION AUTHORIZING AND DIRECTING THE COMBINING OE
SPECIAL ASSESSMENTS ON LOT 13, BLOCK 8, AND LOT 14, BLOCK 8, HYDE PARK
ADDITION:
MOTION by Councilman Sheridan to adopt Resolution #58-1970. Seconded by
Councilman Breider. Upon a voice vote, all voting aye, Mayor Kirkham
declared the motion carried.
RESOLUTION i�59-1970 - RESOLUTION AUTHORIZING AND DIRECTING THE COMBINING OF
SPECIAL ASSESSMENTS ON LOT 24, BLOCK 4, AND LOT 25, BLOCK 4, SHAPFER'S
SIIBDIVISION #1
� MOTION by Councilman Sheridan to adopt Resolution #59-197D. 5econded by
Councilman Breider, Upon a voice vote, all voting aye, Mayor Kirkham
- declared the motion carried.
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PAGE 15
RESOLUTION #60-1970 - RESOLUTION Ai]THORIZING AND DIRECTING THE COMBINING OF
SPECIAL ASSESSMENTS ON LOT 8, BLOCK 3� AND LOT 9, BLOCK 3, SHAFFER'S SUB-
DIVISION #1-
MOTION by Councilman Sheridan to adopt Resolution #6D- 1970. Seconded by
Councilman Breider. Upon a voioe vote, all voting aye, Mayor Kirkham
declared the mota.on carried.
RESOLUTION #61-1970 - RESOLUTION AUTHORIZING AND DIRECTING THE COMBINING OF
LOT 53, BLOCK S, AND LOT 54, BLOCK S. RIVERVIEW HEIGHTS: �
MOTION by Councilman Sheridan to adopt Resolution #61-1970. Seconded by
Councilman Breider. Upon a voice vote, all voting aye, Mayor Kirkham
declared the motion carried.
RESOLUTION #62-197D - RESOLUTSON AUTHORSZSNG AN➢ DIRECSSNG THE COMBSNSNG OF
SPECIAL ASSESSM�NTS ON LOT 4, BLOCK 3, AND LOT 5, BLOCK 3, SHAFFER'S SUB-
DIVISION #l:
MOTION by Councilman Sheridan to adopt Resolution #62-1970. Seconded by
Councilman Breider. Upon a voice vote, all voting aye, Mayor Kirkham
declared the motion carried.
APPOINTMENTS-
Name
Linda S. Sohnson
110 61st Avenue N.E
Fridley, Minnesota
Carol A. Chudek
11908 Washington St. N.E.
Blaine, Minnesota
Position
Switchboard-
Receptionist
C1erk�Typist
Salary
$357 per
month
$366 per
month
Replaces
Rene J.
Franko
Vicki
Chambers
A10TION by Councilman Liebl to approve the appointments. Seconded by
Councilman Sheridan. Upon a voice vote, all voting aye, Mayor Kirkham
declared the motion carried.
CLAIMS•
MOTION by Councilman Sheridan to approve payment of General Claims #20746
through k20843 and Liquor Claims #4220 through #4240. Seconded by Council-
man Breider. Upon a voice vote, all voting aye, Mayor Kirkham declared
the motion carried.
LICENSES:
MOTION by Councilman Liebl to approve the following licenses
Cigarette Approved By
Ervs' Fridley Service
8255 East River Road
Fradley, Minn. By: Ervin A. Larson Chief o£ Police
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Licenses Continued.
General Contractor
Al1en Construction Inc.
5125 Quail Avenue North
Crystal, Minnesota By Steve Al1en
Camp Construction Corp.
6280 University Ave. N.E.
Fridley, Minnesota By: William D Camp.Jr
Gerald Eich Huilders
1454 18�h Ave. N.W.
New Brighton, Minn. By: Gerald Eich
PAGE 16
Approved By•
Building Inspector
Building Inspector
Building Inspector
MOTION 5ECONDED by Councilman Breider. Upon a voice vote, all voting aye,
Mayor Kirkham declared the motion carried.
ESTIMATES:
Keys Well Drilling Company
413 North Lexington Parkway
St. Paul, Minnesota 55104
PARTIAL Estimate #4 for construction of Water
Improvement Pro�ect #95, Schedule A-1, Wells
#10 and $11, according to contract
PARTIAL Estimate '�4 for construction of Water
Improvement Pro�ect #95, Schedule A-2 & A-3,
Wells #12 & #13, according to contract
Comstock & Davis, Inc.
1446 County Road J
Minneapolis, Minnesota 55432
For the furnishing of professional engineering
services for planning the following:
PARTIAL Estimate #1, Water Improvement Pro7ect #93
PARTIAL Estimate $1, Water Improvement Pro7ect #94
PARTIAL Estimate $1, Water Improvement Pro7ect #95,
Schedule A-1
PARTIAL Estimate #1, Water Improvement Pro7ect #95,
Schedule A-2
PARTIAL Estimate '�1, Water Improvement Pro�ect #95,
Schedule A-3
PARTIAL Estimate #1, Water ImprovEment Pro7ect #95,
Schedules E & E
$ 4,203.00
$13,002.75
$11,754.90
593.47
2,750.00
2,32D 00
2,375.00
943.55
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Estimates Continued,
Morgan Equipment Company
P.O, Box 4184
Madison, Wisconsin 53711
PARTIAL Estimate for Public Outdoor Waxning
Sirens, control and telephone relays
PAGE 17
$15,444.00
MOTION by Councilman Liebl to approve the foregoing estimates. Seconded by
Councilman Sheridan. Upon a voice vote, all voting aye, Mayor Kirkham
declared the motion carried.
RECEIVING REPORT TO COUNCIL REGARDING MEETING ON MTSSISSIPPI STREET RAILROAD
UNDERPASS•
The City Engineer said that at this point the City is waiting for information
from the County. Mayor Kirkham commented that he would rather see the railroad
participate by agreeing to pay their costs of the shoefly plus l0o rather than
30°0 of the overall costs. Councilman Liebl pointed out that the railroad is
anxious to get this started, but they seem somewhat reluctant to commit
themselves to any specified amount. Councilman Sheridan asked if this could
not be done without a shoefly. Mayor Kirkham said that it could be done but
the shoefly is cheaper. In some places it is a matter of right of way.
MOTION by Councilman Liebl to receive the report found in the Agenda dated
March 2, 1970. Seconded by Councilman Sheridan. IIpon a voice vote, all
voting aye, Mayor Kirkham declared the motiQn carried.
COMMUNICATIONS:
A. NLETRCPOLITAN TRANSIT CON]MISSION• ME�TINGS ON TRANSPORTATION
Mayor Kirkham pmnted out that there will be a meeting April 15, 1970 for
staff people and the MTC and May 28th for a meeting between elected officials
with the City Manager and the MTC. Councilman Liebl said that he would like
to attend and Mayor Kirkham commented that he would be there.
MOTION by Councilman Sheridan to receive the communication from the Metro--
politan Transrt Commission, signed Uy James S. Kosmo, dated February 12,
1970. Seconded by Councilman Liebl. Upon a voice vote, all voting aye,
Mayor Kirkham declared the motion carried.
B. PROPOS�D LETTER FROM CITY TO COUNTY ATTORNEY REGARDING JOINT LAW
ENFORCEMENT COUNCIL
MOTION by Councilman Sheridan to recommend this letter, to be dated March
4, 1970, be conveyed to the County Attorney. Seconded by Councilman
Breider. Upon a voice vote, all voting aye, Mayor Kirkham declared the
motion carried.
PROGRESS REPORT ON REFUND OF REC CF3ARGE5:
The Finance Director reported that the monay has been returned to the people
involved in the law suit. He asked if the letters to the property owners
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REGULAR COUNCIL MEETING OF MARCH 2, 1970 PAGE 18
� (other than Areas A& B) could not be sent out now. Councilman Sheridan
said that he could see no reason why they could not be sent. He asked if
the refund was to be made directly, or applied as a credit for assessments.
The Finance Director said that the money will be sent back.
DISCUSSION REGARDIIQG DOG PROBLEM WITHIN THE CITY OF FRILLEY:
Councilman Liebl said that he wished to commend the City Manager for the
summation on how to control the dog problem within the City. He states that
the Code should be revised and Councilman Liebl agreed that this is a good
idea. He said that he was shocked to hear that in 1969 there were 476
animals picked up and only 72 claimed. He felt that this is a disgrace. He
would like to see the Ordinance revamped and strengthened He said that the
people, rather than the dogs should be punished. He said that he does get
calls about dogs biting children.
Councilman Sheridan pointed out one fact was that B& E Patrol was located in
Roseville and is hard to find. He felt that it �ust came down to people that
have an unwanted dog �ust allow it to roam until it gets picked up. This is
the cheapest way to dispose of it, It costs money to have it put to sleep
be a veterinarian. Mayor Kirkham said that the people that pay the license
fee take care of �heir dogs. The biggest problem �_s the dogs that run loose
and these owners do not bother to buy a license.
� The Assistant City Attorney said that the City Manager had the City Attorney
look at th�.s report and he will draw up a model ordinance for the Council to
see and consider.
ADJOURNMENT:
MOTION by Councilman Sheridan to ad�ourn the Meeting Seconded by Councilman
Liebl. Upon a voice vote, all voting aye, Mayor Kirkham declared the Regular
Council Meeting of March 2, 1970 adjourned at 10:22 P.M.
Respectfully submitted, �`
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Juel Mercer �' Sack O. Kirkham
Secretary to the City Council -, Mayor
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