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08/03/1970 - 00018634� , �� � d THE MINOTES OP TT-IE REGULAR COUNCIL MEETING OF AUGU5T 3, 1970 Mayor Kirkham called the Regular Council Meeting of August 3, 1970 to order at 7:35 P.M. PLEDGE OF ALLEGIANCE: Mayor Kirkham lead the Council and the audience in saying the Pledge of Allegiance to the Flag. INVOCATION: Reverend Bergren, Redeemer Lutheran Church offered the Invocation. ROLL CALL: MEMBERS PRESENT: Liebl, Harris, Breider, Sheridan, KiYkham MEMHERS ABSEVT: None PRESENTATION OF AWARDS: Mayor Kirkahm presented Mr. Mark Hansen, Valedictorian, with his Youth Achievement Award and asked that Miss Wanda Werner, Salutatorian be sent her award, as she was not present to accept. Mayor Kirkham then presented the Certificates of Appreciation for con- tributions to �isenhower VetErans Memorial Square to: Fridley Lions Club, Fridley American Legion, Fridley Veterans of Foreign Wars, and the Frzdley State Bank. He asked that the Fridley Garden Club, and the Minneapolis Gas Company Certificates of Appreciation be sent as there was no one present to receive the awards. APPROVAL OF THE MINUTE5 OF THE REGULAR COUNCIL MEETING OF JULY 20, 1970: MOTION by Councilman Harris to adopt the Minutes of the Regular Council Meeting of July 20, 1970 as presented. Seconded by Councilman Breider. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously. ADOPTION OP AGENDA: Mr. Marvin Brunsell, Acting City Manager, said that there was a resolution to add as follows• Resolution Revising Department Appropriations Within the General Fund, He explained that this is to proceed with the purchase of Lot 8, Parcel 200D, Auditor's Subdivision #Zl from the Michael Servetus Unitarian Society, The Council now has to accept the deed. MOTION by Councilman Sheridan to adopt the Agenda as amended. Seconded by Councilman Liebl. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously. � �� � 41 R i f/ y REGULA.R COUNCIL MEETING OF AUGUST 3� 1970 PAGE 2 � VISITORS. Mr. Robert Mindex', 550 Rice Creek Boulevard: Complaint on Dredginq Rice Creek Mr. Minder explained that the person across the cxeek from him has been dredginq the creek, making his side deeper, which has left his side with nothing but sand baxs. He has a sprinklinq system which has been inopezable because of the lowerecl water level. He said that he checked to see i£ there was a permit issued and he could find no evidence of any. Mr. Minder said that he did not feel that this man had the right to divert the course of the creek. The City Attorney asked if the dredging was complete. Mr. Minder said that he understood that the instructions were to dredqe all along this person's pro- perty. He said that there was no permrt wrth the State Department. Two years ago this man built a bridge across the creek and it is now used by all the neighborhood children as a short cut through tc� the Ice Arena, which he also found bothersome. He said that he would like a permanent in7unction £or this man to stop his dredging and for the creek to be put back into its for- mer condition. He said that the man doing the dredging was Mr. Raiph Erkel. The City Attorney said that he and the City Engineer would take a look at this property the next day. Mayor Kirkham said that he understood that the Police Department stopped the work when they were informed of it. Councilman Aarris wondered if the property could not be red tagged to eliminate any further work until it is checked out. Mr. Minder said that he was afraid that they would � go ahead and dredge some more some week end when he and his neighbors are not at home to stop them. Once it is done it would be harder to make him put the creek back into the original condition. The City Attorney said that if there was not a permit, it would be in violation of the State law. He said that by tomorxow afternoon he would have this checked out and would then know how to proceed. Councilman Harris commented that the property owners are paying taxes based on creek frontage. This frontage should not be taken away from them Mr. Minder said that none of the rest of the nea.ghbors have tampered with the course of the creek. Councilman Sheridan said that the Department of Con- serviation should have a part in this action. Councilman Breider asked if the City Attorney would need any action by the Council. The City Attorney said that at this point it is administrative. Councilman Liebl told Mr. Minder that he has received some complaints that the creek was not being taken care of. In some cases, the sand should be cleaned out, but to change the course of the creek is something else aqain. Mr. Minder said that �his is not a matter of cleaning out the sand, he has diverted the course, and left them high and dry. He has dug down deeper than the original bed. Mr. Minder added that as to the bridge, they have tried "No Trespassing" signs, but they do no good. Mayor Kirkham said that he bela.eved that the bridga was put up without permission. Mr. Minder said yes, he put up the bridge, then obtained permission on May 27, 1967 from the � Conservation Department. Councilman Breider said that he would agree that the creek should be cleaned out be a 7oint effort of all the people. He pointed out that if everyone were to alter the creek, it would have a bad effect all up and down the creek course. The City AttoYney said that he would call Mx. Minder Wednesday A.M. after checking this out. y1 (� a 1 f. � REGUT.,AR COUNCIL MEETING OF AUGUST 3, 1970 PAGE 3 Robert E. Kelshaw: 831 West Moore Lake Drive � Mr. Kelshaw said that he would like to volunteer to serve on some commission or committee for the City of Fridley. He sa�d that he would like to serve his communrty. Mayor Kirkham informed him that there is a vacancy on the Plats and Subdivisions - Streets and Utilities Subcommittee, and asked him what his business was, Mr. Kelshaw said that he was in the insurance business. Mayor Kirkham asked him how long he has lived in Fridley. He replied a total of about 12 years. Mayor Kirkham said that this was most admirable for a crtizen to come forward and wish to serve. Councilman Harris said that some of these committees take a good deal of time and he appreciated the good citizenship. It was agreed to move the appointment to Plats and Subdivisions - Streets and Utilities Subcommittee to Old Susiness so Mr. Kelshaw would not have to wait so long. RATIFICATION OF RESOLUTION #112-1970 RELEASING CERTAIN TAX FORFEIT LOTS AND HOLDING CERTAIN TAX FORFEIT LOTS FOR CITY PURPOSES: Councilman Harris said relative to Lots 1 through 13, Block 7, Edgewater Gardens included on the list to be released by the Crty, that he did not feel that these lots should be built upon. These are the lots that back up to the railroad tracks east of Redeemer Lutheran Church. The City Engineer said that he believed that the County was going to hold these lots. Councilman � Harris saa.d that Lots 14 and 15 are built upon, but the rest are not, The City Engineer said that the County would be holding them Por disposing of the dirt coming from the underpass for Mississippi Street. MOTION by Councilman Harris to ratify Resolution #112-1970, and instruct a letter be sent to the County of Anoka indicating that the City of Fridley understands that the County will be holding these lots, and if not to please advise the City. Seconded by Councilman Sheridan. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously. DISCUSSION REGARDING STATUS OF PROSECT #93: The Crty Attorney reported that at this point the repair work needs to be completed. American Pipe has checked to see what repairs are needed. The bonding company has received two bids for the repair work and Mr. Comstock, Consulting Engineer, is reviewing the bids. Bids for the uncampleted work will be let immediately once the repair work is taken care of. The bonding company is negotiating for the balance of the work. He said that Mr. Com- stock has reported that the bonding company is very cooperative and he is optomistic that the work will move right along. The contractor will be under the direction of the bonding company. RECEIVING REPORT APPI2ISING OF ACTION REGARDING PETITION #10-1970, WNDITION OF PROPERTY AT 6025 3RD STREET N.E.: MOTION by Councilman Liebl to receive the information supplied in the memo- � randum by the Health Sanitarian dated July 20, 1970. ��� REGULAR COUNCIL MEETING OF AUGU5T 3, 1970 PAGE 4 � Councilman Liebl asked Mr. and N1rs. Ranko Schuur if they would not please comply with the requests. He explained that there was a petition for the sprucing up of the property signed by the neighbors. Mrs Schuur asked what needed to be done and Councilman Liebl read the list of 6 items from the memoxandum. He said that he has also received a complaint tha t thexe is some old lumber piled on the property. Mrs. Schuur said that it is not there any more. Councilman Liebl said that he would appreciate it very much if they would comply. Mrs, Schuur said that they have pictures of the back yards of some of the neighbors who signed this petition and came £orward to present them to Councilman Liebl She said that they did not intend to paint the garage It is supposed to have a lifetime finish and not require painting. Councilman Liebl explained that they are trying to enforce the code and that 90€ of the people on 6th Street do have nice yards. Mrs. Schuur said that the only time that yard was not mowed was when the people were on vacation She added that the City should write her a letter of what needed to be done, and she would turn it over to her attorney. She charged that she had called Councilman Leibl four times and he never called back Councilman Leibl said that he receives about 50 calls a week, and added that this property has looked like this since he became a Councilman. THE MOTION was seconded by Councilman Sheridan_ Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously. APPOINTMENT PLATS AND SUBDIVISIONS - STREETS AND OTILITIES SUBCOMMITT�E: � Councilman Sheridan said that Mr. Kelshaw should be commended £or stepping forward and volunteering to serve. MOTI�N by Councilman Sheridan to appoint Mr. F.obext E. Kelshaw, 831 West Moore Lake Drive to the Plats and Subdivisions - Streets and Utilities Subcommittee. Seconded by Councilman Harris. Upon a voice vote, a11 voting aye, Mayor Kirkham declared the motion carried unanimouslp. CONSIDERATION OF AN ORDSNANCE AMENDING CHAPTER 99 OF THE CITY OF FRIDLEY CITY CODE "OFFENSES AGAINST GOVERNMENT"; The City Attorney read aloud the suggested Ordinance as written by Mayor Kirkham. He said that this Ordinance poses some problems. Chapter 99 adopts the State Statutes by reference, but this would not strictly speaking be a part of Chapter 99. This Ordinance would raise a number of constitutional problems. Mayor Rirkham said that Chapter 99 adopts the State Statutes which includes mention that no person shall fly a red or black flag. The City Attorney said that this has been ruled unconstitutional. Mayor Kirkham pointed out that the Ordinance under consideration says any country the i]nited States a.s engaged in armed conflict with. The City Attorney said that this again would be ambiquous in a court of law; how do you define armed con- flict. Mayor Kirkham said that what had prompted this action, was in Minneapolis, a United States flag was taken down and a Veit Nam flag raised, and he did not want this happening in Fridley without a penalty. � Councilman Breider asked if this was enforceable at the municipal level. He sa.td that the intent was good but he did not want a law on the books if it was unenfoxceable. The City Attorney said that he could not answer that, and that he would submit it to the Attorney General. A tT �� REGULAR COUNCIL MEETING OF AUGUST 3� 1970 PAGE 5 Councilman Liebl questioned why "Offenses against Government"? He said that everyone in America should have the right to dissent. He said that he would never vote for an ordinance that denies the right for freedom of speach. Mayor Kirkham explained that in the State Statutes "Offenses against Govern- ment" is subdivided into "Offenses against the Flag" and this is the part he would like to amend. MOTION by Councilman Harris to table consideration of this Ordknance, pending a report by the City Attorney. Seconded by Councilman Breider. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously. FIRST READING OF AN ORDINANCE REPEALING 37.01 OF THE CITY OF FRIDLEY CITY CODE RELATING TO CLEAN-UP PAINT-UP WEEK AND AMENDING SECTION 37.02 OF THE CITY CODE AS RELATES TO INSPECTION AND ENFORCEMENT: Mayor Kirkham explained that the City Manager had informed him that the court dismissed a case because there was no proclamation proclaiming that week to be "clean-up week". This Ordinance is to rectify the situation. The City Attorney said that this will, in effect, make every week clean-up week as far as the courts are concerned and will eliminate any ambiguities. MOTION by Councilman Sheridan to approve the Ordinance on first reading, waiving the reading. Seconded by Councilman Liebl. Upon a roll call vote, Kirkham, Liebl, Harris, Ereider, and Sheridan voting aye, Mayor Kirkham declared the motion carried unanimously. DISCUSSION REGARDING VACATION OF MARSHALL STRE,ET AND OTHER RELATED REQUESTS BY THE CITY OF MINN�APOLIS: The City Engineer said that the City vacated a portion o£ Marshall Street through N.S.S.S.D. property. The latest information he had was that N.S.S.S.D. had the property, but he understood that they could not file the deed. The City Attorney said that they acquired the land through condemnation, but they never filed a certificate o£ condemnation. He said that tha.s would pose no problem. The City Engineer said that the City of Minneapolis has requested vacation of certain streets and also some easements. He then showed on the screen those portions of Marshall 5treet and 43rd Avenue that they would like vacated. There has been a public hearing and the first reading of the Ordinance for the vacation. Nobody ob�ected to the vacation. All the facilities are owned by Minneapolis and deeds can be given for easements on 43rd Avenue and Main Street He said that Fridley would like an aqreement to buy water from Minneapola.s on an emergency basis. If this agreement was reached, the second reading could be held and the easements given, The Crty Attorney said that the City of Minneapolis is unhappy with the action taken for N S.S.S.D. Iie said that he responded by saying that he would get their request back before the Council. They feel that Fridley is not being cooperative. N.S.S.S.D. gave an easement but Minneapolis feels that it is too restrictive. Minneapolis' attorney wants to meet with the Fridley Crty Attorney to record the easement. All their lines are protected and if any lines need moving, it would be at N.S.S.S.➢.'s expense. Councilman Harris said that some of the area is still being used as a dump. The gates are in now, and if Minneapolis wants to get in to repair their lines, 'they have to get the keys. L � � � � �,;' �� REGULAR CO[7NCIL MEETING OF AUGi7ST 3, 1970 PAGE 6 � The City Engineer said that all the facilities are owned by Minneapolis, and he did not foresee that Fridley would be putting anything in. Councilman Liebl asked if there was any development on 37th Avenue and Marshall, would there be adequate sewer facila.ties. The City Engineer said that this is all public property, and he did not foresee any private usage, but if there ever was, these would have to be some arrangement with Minneapolis or Fridley would have to put in their own facilrty. MOTION by Councilman Harris to receive the communication from Leonard T. Suster to Mr. Raymond H. Hegna, Assistant City Attorney, Minneapolis dated July 9, 1970 along with the background letter from the Crty of Minneapolis dated June 24, 1970, to the City Manager, and the copy of the proposed deed_ Seconded hy Councilman Liebl. Upon a voice vote, a11 votinq aye, Mayor Kirkham declared the motion carried unanimously. RECEIVING TH� MINUTES OF THE PLANNING COMMISSION MEETING OF ,7ULY 22, 1970: PRELIMINARY PLAT, P.S. #70-02, GEORGE N. NELSONc The Crty Engineer said that the action necessary of the Council is to set the public hearing for the fa.nal plat for Septemher 14, 1970. The second item, the special use permit, can be discussed concurrently with the plat at the public hearing. A puhlic hearing is not required by the Council for the spec�al use permit. � Councilman Liebl said that a man is entitled to try to develop the R-3 land, if he would agree to put in an adequate buffer, as the property surrounding this area is larqely R-1. He said that he understood that Mr. :Jelson has agreed to put in the buffer. Mr. Richard Harris, Planning Commission, said that part of their stipulations was that he must use screening. It was felt that the R-1 area would be overflow parking and a recreational area. There is enough xoom to put in 46 units into the R-3 area. This was not to be considered as part of the land area of the R-3 portion. He said that they have agreed that the strip of land along Onondaga would be da.vided up into 6 residential, single family lots. There is to be an easement on the west sa.de of the property for a future street if necessary. He said that they did not want any access fsom Onondaga Stxeet to thc overflaw parking area. Councilman Harris felt that this discussion was premature, and should wait until the public hearing, so as to be fair to the applicant. It was agreed by the Council that the public hearing would be held September 14, 1970. MOTION by Councilman Harris to receive the Minutes of the Planning Com- mission Meeting of July 22, 1970. Seconded by Councilman Liebl. Upon a voioe vote, all voting aye, Mayor Kirkham declared the motion carried unanimously. � RECEIVING THE MINUTES OF THE BUILDING STANDARDS - DESIGN CONTROL MEETING OF JULY 23, 1970• l. CONSIDERATION OF A REQi]EST TO CONSTRUCT AN ADDITION TO EXISTING AUTO BODY SHOP TO BE LOCATED ON THE EAST 108 FEET�OF THE WEST 216 FEET OF LOT 4, BLOCK 1, NAGEL'S WOODLANDS WHICH HAS BEEN RECENTLY SPLIT AND T�DDED TO LOT 2, BLOCK l� NAGEL'S WOODLANDS, TAE SAME BEING 960 OSBORNE ROAD, FRIDLEY, MINNESOTA. (REQUEST SY FRIDLEY AIITO BODY, °60 OSBORNE ROAD, FRIDLEY): ����i REGULAR COUNCIL MEETING OF AUGUST 3, 1970 PAGE 7 The City Engineer said that this request is for an addition of about 50' onto � an existing building. They will meet the requirements of the Building Standards - Design Control in regard to curbing and fencing. The Soard recommended approval. MOTION by Councilman Sheridan to concur with the recommendation of the Bullding Standards - Design Control Subcommittee and grant the request for a permit. Seconded by Councilman Harris. Councilman Harris asked if the building to the east is at a higher grade. Mr. Eugene Bonnett said that the west lot is low and will need to be filled. THE VOTE UPON THE MOTION, being a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanunousl��. 2. CONSIDERATION OF A REQUEST TO CONSTRUCT A GUARD HOUSE TO BE LOCATED ON LOT 7, AUDTTOR'S SUBDIVISION #79� THE SAME BEING 48TH AND MARSHALL AVENUE N.E., FRIDLEY, MINNESOTA, (REQDEST BY F.M.C. CORPORATION, 48TH AND MARSHALL AVENUE N.E., FRIDLEY, MINNESOTA): MOTION by Councilman Liebl to concur with the recommendation of the Building Standards - Design Control Subcommittee and grant the request for a permit. Seconded by Councilman Breider. Upon a voice vote, all voting aye, Mayor Kirkham declared the mota.on carried unanimously. 3. CONSIDERATION OF A REQUEST TO CONSTI2UCT AN OFFSCE AND TERMINAI, FOR � ANDERSON TRUCKING COMPANY TO BE LOCATED ON LOT 5, BLOCK l� ANDERSON DEVELOPMENT, THE SAME BEING 7600 CENTRAL AVENUE N.E, FRIDL$Y� MINNESOTA. (REQUEST BY ANDERSON TRUCKING SERVICE, INC., 203 COOPER AVENUE NORTH, ST. CLOUD. MINNESOTA 56301): The City Engineer said that this request is for an o�fice for Anderson Trucking Company on Osborne Road and Central Avenue. The recou¢aendation of the Building Standards - Design Control was to approve, with some stipulations. He said that there were some points that he would like to clarify and asked that the representative come forward. While looking at the plans, the Crty Engineer said that the front parking area should be blacktopped according to the City Code. The representative slx�wed on the plans where the fencing would be placed, and said that they would have trailers and trucks at this terminal. Councilman Harris asked if there would be any repair. The representative said that if there was, it would be only minamal. This is mainly a terminal point. There would be no freight handling and no storaqe. The building is to be an office, lounge, and dispatch office. There will be some fuel pumps. There would be perhaps 10 trucks standing on the property at any one time. The City Engineer asked if there would be any storage of equipment. The representative said no, but there would be trailers parked. They would come in one day and would be going out the next. The City Engineer said that this would require a privacy fence in the area where the trailers are parked. � Councilman Sheridan asked if the dispatch office would be manned 24 hours a day. The representative said no, but there would be trucks going in and out at all hours. He said that he would put up the required fence. I �I'('J Il CJ Y REGULAR COUNCIL MEETING OF AUGIIST 3, 1970 YAGE S � The City Enga.neer said that the drainage as it is now would suffice, but he wanted the applicants to understand that when the area develops, there would - be a need for an underground system. Councilman Breider asked what is the rate of tra£fic going in and out oE the terminal. The representative said about 25 trucks a day, and that they go out on Osborne Road. Councilman Breider stressed that he did not want them going down Central Avenue past Moore Lake Beach. Councilman Harris said that he would recommend a route out Osboxne Road to T.H. #65. The xepresentative said that this would be the best route for them too, and he could see no reason why they would go down Central past Moore Lake Beach. It was pointed out that they could put up routing signs on their property and also at their other terma.nals. MOTION by Councilman Liebl to approve the request for a permrt, sub�ect to the conditions of the Building Standards - Design Control Subcommittee, with the addition of a privacy fence arouncl the area where the trucks and other equipment will be parked, the understanding that when the area develops, there will have to be a drainage system put in, and with the understanding that the routing would be out Osborne Road to T.H. #65. Seconded by Counailman Breider. IIpon a voice vote, all votinq aye, Mayor Rirkham declared the motion carried unanimously. MOTION by Councilman Sheridan to receiVe the Minutes of the Building � Standards - Design Control Subcommittee Meeting of Ju1y 23, 1970. Seconded by Councilman Liebl. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously. RECEIVING THE MINUTES OF THE SOARD OF APPEALS MEETING OF JULY 28, 1970: A REQUEST FOR A VARIANCE OF SECTION 45.053, 4B, SUBPARAGRAPH 4A, TO REDUCE THE SETBACK REQUIREMENT FOR AN ACCESSORY BIIILDING ON A CORNER LOT, WHEN THE LOT TO THE REAR HAS FRONTAGE ALONG THE SIDE STREET, FROM 30 FEET TO 25 FEET TO PERMIT THE CONSTRUCTION OF A DETACHED GARAGE ON LOT 17, BLOCK 3, MEA➢OWMOOR TERRACE, THE SAME BEING 1351 76TA AVEC�UE N.L.., FRIDLEY, MINNESOTA. (REQUEST BY MR. RALPH SCHERMANN, 1351 76TH AVENU� N.E., FRTDLEY, MINNESOTA): MOTION by Councilman Breider to approve the variance requested and recommended for approval by the Board of Appeals. Seconded by Councilman Sheridan. Upon a voice vote, all votznq aye, Mayor Kirkham declared the motion carried unanimously. DISCIISSION REGARDING LIGHTING ON FAST RIVER ROAD AS PART OF IMPROVEMENT BETWEEN 2. 694 AND RICE CREEK: The City Engineer said that there has been some discussion previously about providing lighting on East River Road for a greater degree of safety. He asked the consulting traffic engineer to make a study Their recommendations � are £or 20 lights to be installed at a total cost oP $28,000. There could be a request made to the Bureau of Public Roads and he felt that they could get SOo of thzs cost. This would be an added cost onto the cost of the improvement pro�ect. 1�� REGULAR COUNCIL MEETING OF AUGUST 3, 1970 PAGE 9 Councilman Breider asked what the setback of the houses was along East R�.ver Road in comparison with Highway #100. The City Engineer said that they were closer than on Highway #100, but the spacing of the lights was more and there would be less intensity of light. The light would shine down onto the road, and would not shine onto the adjacent homes. MOTION by Councilman Harris, inasmuch as lighting would provide a greater degree of safety on the curves, and on the median, which are areas of hazard, that the lighting be included in the improvement project and a petition for cost participation by the Bureau of Public Roads should be started. Seconded by Councilman Breider. Upon a voice vote, a11 voting aye, Mayor Kirkham declared the motion carried unanimously. Mr. Richard Harris said that speaking of East River Road, there is another matter that he would like to bring up. On East River Road at Osborne Road, the County Highway Department has put up barriers and signs that say local traffic only. These have been hit several times and he felt that one of the reasons was insufficient blinkers. The lighting in this area is poor also. It was agreed that the City Engineer would talk to the County to see if some more blinkers could not be put up, or some other adequate safety measure. RECESS: Mayor Kirkham declared a recess at 9:20 P.M. The Meeting reconvened at 9:40 P.M. DISC[ISSION REGARDING APPEAL OF NORTH PARK CONDEMNATION AWARD: RESOLUTION #145-1970 - A RESOLUTION AUTHORIZING THE CITY ATTORNEY TO CROSS FILE ON CONDEMNATION OF SECTION 2, PARCEL 3,000, SECTION 3, PARCEL 10 AND 300, AND PARCEL 600: MOTION by Councilman Liebl to adopt Resolution #145-1970. Seconded by Council- man Harris. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously. DISCUSSION REGARDING RUNNING A LIST OF WATER CUSTOMERS FOR POLITICAL PARTIES: The Acting City Manager said that they have again been asked if they could run a list of water customers. He said that last year they lost money, and there were only two requests for the lists. Councilman Aarris said that now that there is a Fndley directory, they could use that. Mayor Kirkham commented that the Fridley directory would be more complete anyhow. Counca.lman Liebl agreed that he did not think that the City should go through that expense again. MOTION by Councilman Liebl to discontinue running a list of water customers for the political parties, and suggest that the Fridley directory be used. Seconded by Councilman Harris. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously. DISCUSSION REGARDING PROPOSED RESOLUTION AND CORRESPONDENCE FROM THE LEAGUE OF MINNESOTA MUNICIPALITIES: Mayor Kirkham said that this would be to limit and redefine some of the categories of property now classified as tax-exempt property. � � � � � � REGULAR COUNCIL MEETING OF AUGUST 3� 1970 PAGE 10 RESOLUTION #146-1970 - A RESOLUTION ENDORSING AMENDNiENT NO. 1 Oi3 TAX- EXEMPT PROPERTY: MOTION by Councilman Harris to adopt Resolution #146-1970. Seconded by Councilman Liebl. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously. DISCUSSION REGARDING EDUCATION COORDINATOR: Mayor Kirkham commented that this is another of the City Manager's good suggestions. This man is already employed by the City of Fridley. MOTION by Councilman I,iebl to concur wx.th the recommendation of the City Manager as outlined in his memorandum of July 28, 1970 and appoint Mr A1 Bagstad as the City of Fridley Education Coordinator. Seconded by Council- man Harris. Upon a voice vote, all wting aye, Mayor Kirkham declared the motion carried unanimously• RECEIVING FIRE ➢EPARTMENT ACTUARIAL REPORT: MOTION by Councilman Harris to receive the actuarial report as of December 31, 1970, from the Fire Department. Seconded by Councilman Liebl. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously. RECEIVING HEALTH SANITARIAN ACTIVITY REPORT FOR SECOND QUARTER OF 1970. MOTION by Councilman Liebl to receive the Health Sanitarian's report as found in the City Council Agenda dated August 3, 1970. Seconded by Councilman Sheridan. Upon a voice vote, a11 voting aye, Mayor Kirkham declared the motion carried unanimously. MOTION by Counca.lman Harxis to instruct the Public Health Sanitarian to report on the progress on those complaa.nts he has written a letter to, on the dis- position of the complaint. Seconded by Councilman Sheridan. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously. RESOLUTION #147-1970 - A RESOLUTZON REGARDING SPEED LIMIT AND TRAFFIC SAFETY ON OSBORNE ROAD (COUNTY ROAD NO. 8): MOTION by Councilman FIarris to adopt Resolution #147-1970. Seconded by Counca.lman Bxeider. MOTION AMENDED by Councilman Harris to instruct the Administration to add the followinq fourth and fifth paragraphs: WHEREAS, the City Council of the City of Fridley recognizes the problems along Osborne_Road, and WHEREAS, the City Council of the City of Fridley has taken acta.on to reduce traffic hazards on Osborne Road by setting a public heara.ng for August 10, 1970 on the sidewalk installation on the south side of Osborne Road, and The motion for the amendment was seconded and upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously. THE VOTE UPON THE MOTION, being a voice vote, all votzng aye, Mayor Kirkham declared the motion carried unanimously. ? �p'� 2�;��� REGULAR COUNCIL MEETING OF AUGUST 3, 1970 RESOLUTION �148-1970 - A RESOLUTION TO AIlVERT25E FOR BIDS, NEW FRONT END LOADER• (Street Department) MOTION by Councilman Liebl to adopt Resolution #148-1970. Seconded by Councilman Sheridan. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously. PAGE 11 RESOLUTION #149-1970 - A RESOLUTION AUTHORSZING AND DIRECTING THE SPLITTING OF SPECIAL ASSESSMENTS ON WEST 216 FEET OF LOT 4, BLOCK l, NAGEL'S WOODLANDS ADDITION: MOTION by Councilman Harris to adopt Resolution #149-1970. Seconded by Councilman Liebl. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously. RESOLUTION #150-197D - A RESOLUTION AUTHORIZING AND DIRECTING THE COMBINING OF SPECIAL ASSESSMENTS ON LOTS 11 AND 12, BLOCK 3, AND LOTS 13 AND 14, BLOCK 3. SPRING BROOK PARK ADDITION: MOTION by Councilr,ian Harris to adopt Resolution #150-1970. Seconded by Councilman Liebl. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously. RESOLUTION #151-1970 - A RESOLUTION AUTHORIZING AND DIRECTING THE COMBINING OF SPECIAL ASSESSMENTS ON SOUTH 3 FEET OF LOT 2� BLOCK 2, AN➢ LOT 3, (EXCEPT SOIITH 9 FEET), BLOCK 2, RIVERWOOD MANOR ADDITION: MOTION by Councilman Harris to adopt Resolution #151-1970. Seconded by Councilman Liebl. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously. RESOLUTION #152-1970 - A RESOLUTION AUTHORIZING AND DIRECTING THE COMBINING OF SPECIAL ASSESSMENTS ON LOTS 24� 25� 26 & 27, BLOCK 23� HYDE PARK ADDITION. MOTION by Councilman Harris to adopt Resolution #152-1970. Seconded by � Councilman Liebl. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously. RESOLUTION #153-1970 - A RESOL SPECIAL ASSESSMENTS ON PART OF HIGHLANDS 4TH ADDITION: G AND DIRECTING THE SPLITTING OF [sim��[�z�Z +�na �� MOTION by Councilman Harris to adopt Resolution #153-1970. Seconded by Councilman Liebl. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously. CLAIMS: MOTION by Councilman Breider to authorize payment of General Claims #22263 through #22487 and Liquor Claa.ms #4676 through #4719. Seconded by Council- man 5heridan. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously. � � � �� � � ' REGULAR COUNCIL MEETING OF AUGUST 3� 1970 LICENSES: DRIVE-LN Tf�ATRE � One flundTed Twin Central Avenue & i-Hwy 694 Fridlep, Minnesota YUBLIC DRINAING PIAC3 � Canterbury Pub �179-$1 IIniversity Avenue N.E. F'ridley, Minnesota Club !t7 6061 IIaiversitp Avenue N.E. Fridley, Minnesota Frontier Club 735� Central Avenue I3.E. EY�idlep� Minnesota Sandee�s Cafe E�90 Central Avenue N.E. Eridley, riinnesota IISED CAR LOT Smitts Motor 5�19 University Avenue N.E. �'ridley� P4innesota �OLICITORS Ronald Williams Henr}r Wong Brian Duchscher Terrence Callayhan Dick Pratt Ronald°Fisher Eor Xouth Employme*+t Service 2727 Lyndale Avenue S. Piinneapolis, Minnasota FOOD FSTABLIS;-IFIIdT �Pilgri.-n Cleaners 5251 Central Avenue rr.E. Fridley� Minnesota � By: Gerry Herringer �y: Robert Christenson By: �illy Harpole By: Marlene Povlitzki �r: William'v7eiss < By: Wallace Schmedeke By: M}chael Goodwin By: Mygic Maid Vending c r1 � «'�i �� >' u � — PAGE 12 . APPROOED BY Police Chief Health Inspector Police Chief Health Tnsoector Police Chief Health Inspector Police Chief Aealth Inspector Police Chief Building Insoecior � Police Chief I Palice Chief Health Inspect�ur ' c �} �� �� �� d REGULAR COUNCIL MEETING OF AUGUST 3� 197D LICENSES CONTINUED. NAPSE ADDRE55 Spencer J. Sokolowski 58�1 � 2nd St. N. E. for Bertan Cross Fridley, Minn. 556 - 4oth Ave. N. E. Minneapolis, Minnesota 5542� Sidney R. Dahl 6551 ° 2nd St. N. E. 6551 - 2nd St. N. E. Fridley� tSinn�sota 55421 Dr. Irvfng Herman 5770 � 2'-z St. N. E. 1135 t4adical Arts Mlnneapoiis, M(nn. 55�+02 Albin ,!ohn:on 5800 - 22 St. N. E. 6824 Ewing Ave. No. Minn�apolls, Mlnn. 55429 Albin Johnson 5810 a 22 St. N. E. 6824 Ewing Ave. Na. Minneapolis, Minn. 5542q Dr. Irving Herman 5846 - 22 St. N. E. 1135 M�°dicaf Arts MinnEapolis, trtinn. 55402 John M�az��nga �901 � 3rd St, N. E. 3$z9 N. �. Benjamin St. Ftinne�polis, hinn.55418 John D. Miller 4965 - 3rd St. N.E. �7 Rice Creek Fday Fridl�y, ��Inn. 55k3z C. H. Mil1eP 4985 - 3rd St. No E. 1095 Polk Circle N. E. Minncapolis, lqinn. 55421 C. H. Miller 5�5 - 3rd St. N. E. 1095 Pa�k St. N. E. MinncapoPis, Minn. 55421 ` V1. W. Untfhen 5�z5 ° 3rd St. N. E. �347 Univ�rsity Ave. W. E. Minneapolis, Minn. 55421 Larry p, f4ienert �g00 - 3rd St. No E. 2728 County Rd. H2 New Brlghton Minn,. 55112 UNITS 4 % il 4 4 6 7 11 II 11 Il 4 PAGE 13 FEE 10.00 10.00 11,00 10.00 l0.00 10,00 10.00 11.00 II.00 11.00 I1.00 10.p0 L__{ � � � � _� �' ;�� 9= REGULAR COUNCIL MEETING OF AUC,UST 3, 1970 � LICENSES CONTINUED. PAGE 14 NAF'� ADDRESS UNiT FEE Leo J. Hynes 6051-53�55 - 3rd St. N.E. 3 10.00 2724 Irvfng Ave. No. Minnaapalig, Minn. 55411 Francfs doRtdder 5347 - 4th St. N. E. 3 10.00 7917 - 3Zth Ave. N. o Minneapolis, Minn. 55�+27 Jon Pendzlmas 5401 - 4th St. N.E. 4 10.00 �Fi7 ^ 78th Lane Minneapolis, Minn. 55429 Leo J. Hynes 5400 � 7th St. N. E. 3 10.00 2%24 Irving Ave. No. Minriez��rolfs, Minn. 55411 pavid W, Adams 5376 - Sth St. N. E. 4 )0.00 2807 Garfl�ld Ave. S.E. Mtnneapolis, Minn. 55408 , �� Irving Efron � 262 � 57th Placc N.E. 8 10.04 Dr. Irving Merman 3025 Salem Ave. Minncapolfs, Minn. 55416° Francis deRidder 359 - 57th Place N.E. 8 10.00 7917 - 37th Ave. N. Minneapolis, Minn, 55427 T. t. Maik 390 ^ 57th Place N.E. 4 i0.00 39� - 57th place M. E. Fridley, Minn. 55421 Clifton Investm�nt Corp. 151 ° 59} 4Jay N. E. 12 12,00 5145 Woadlaw� Blvd. Minneapolfs, Minn. 554i7 Clifford T. Bakko 190 - 59i Way N. E. 12 i2.00 9119 - 13th Ave. So. Minneapolis, Minn. 5>�+20 John Hohmer 191 - 59� Way N. E. 12 12.00 Broota�, Minnesota , � Charles J, B�liveau 110 - 61st Ave, N. E. 8 10.00 11� - 51si Ave. N. E. Frldley, Minn. 55421 Dr. Irving Herman 181 - 79th Way N. E. 8 10.00 1135 ►'ledical Arts. Minneapolts, Minn, . e- S �� ��� REGULA.R COUNCIL NIEETING OF AUGUST 3s 1970 LICENSES CONTINUED. PAGE 15 ��F' � NAME AD�RE55 UNIT FEE SPGA Associates '6551 Chan�el Road N. E. 11 11.00 909 Farmers b Mechanics Bank Bldg. Minneapol)s, Minn. 55�+02 � SPGA Assoclates 6571 Channel Rd. II I1,00 909 Farmers & • Mechanics Bank Bldg. Minneapolise htinn. SSkOZ Irvtng Efrcn 595� East River Road 12 12.00 3025 Salrsm Av�. Mi�neApvlis, Mfnn. 55ir16 Frfdl�y Courts 106 � 77th Way N.E. 4 10,00 (Mlles Constructian) k504 Lyndal� Ave. No. Mlnnea�alis, Minn. 551�12 Micha�l Tuna 59�+0 East River Rd, 12 12,OQ , b701 University Ave�.N.E. Minncapolls, Mlnn. 55421 Miles Construction Co. 7673 East River Rd. 4 10,00 �+5� Lync;alc Ave. No. hlinneapolis, Minn. 55k�2 �,eonarG' Dailey 8251 East River Rd. 5 10.00 8251 East °iver fid. Fridlcy, Minn. 55432 5� S Invastmcnt Co. 51;75 Main St. N. E. 12 12.00 - 1202 PFko Lake Dr�. New Brlghton, Minn.55112 S& S Invcstment Company 5595 Main St. N. E 1202 Pike Lake Dr. New Brighton, Minn. 55112 Kenneth Pet�rson & 6019 Main St. Hubert Melson 2k41 Lyndale Ave. So. Minneapolis, Minn. 55�+05 K@nneth Peterson � 6011 Main St. N. E F{uber4 N�:l son 2441 Lynd�le Av�. So. Minnea�olls, Minn. 55405 0 12 � 4 12.00 10.00 10.00 � I�- ,� I � � � . REGULAR COUNCIL MEETING OF AUGUST 3� 1970 0 LICENSES CONTINUED. PAGE 16 �q� ADDRESS UNITS FEE James B. Rudnitski 6035 Main St. N. E. 4 _10.00 6Q35 Mafn St. N. E. Fridley, Minn. 55421 Allan C. Mattson 120 Missis'sippf Pla 4 10.00 6320 Rivervlew Terrace , Frldley, Minne 55421 - Allan C. Mattson 157 Misslssippi P1. 4 10.00 637o Riverview Terrace Fridley, Minn. 55�+21 • Ja`m Kassulker 653� - 2nd St. N.E. 4 10.00 RL. 2 On,�mia, Hinn. e Glen F, Yf(lkes 2g0 - 61st Ave.N.E. 3 10.00 290 - 61st Ava. N. E. � Fridley, Min�. 55421 � BLACKTOPPING Northesn Aephalt Const. Inc. 1631-66th Avenue N.E. Fridley, Minnesota By: Gerhard G. Lareon EXCAVATING Petroleum Maintenance Co. 1420 Old Highway 8 New Brighton, Minneeota Sy: Vern L. Lttreon HEATING Co�ercial Air Conditioning Inc. 707 South 7th Street Minn�apolie, Minneeota By: Arthur Vanselow GENERAL CONTRACTOR Rue�ell L, Scott Const. 1050-93rd Avenue N.W. Cocn Ra�ide, Minnesota By: Ruseell Scott Four Seaeons Home Remodeling 305 Weat Lske Street Minneapolis, Minneeota By: T. F. Garretson APPROVED SY Bldg. Insp. Bldg. Inep. Ylbg. Insp. Bldg. Inep. Sldg. Inep. �� ��( �� �_ - - i S ' � � � -� i i � �)(l(� R]sGULAR COUNCIL MEETING OE AUGUST 3, 1970 LIC�NSES CONTIPdUED: PAGE 17 MOTION by Councilman Liebl to approve the foregoing licenses with the exception of the cab license for Highland Taxi, 903 40th Avenue N.E., Minneapolis, Mannesota requested by Robert Kahles, tha� was not approved by the Police Department. Seconded by Councilman Harris. Upon a voice vote, al1 voting aye, Mayor Kirkham declared tl�e motion carried unanimously. ESTIMATES: Arcon Construction Company, Inc. Mora Minnesota PINAL Estimate #7 - St. 1969-1 FINt1L Estimate #6 - St. 1969-2 Berglund-Johnson, Inc. Excelslor Minnesota 55331 PARTIAL Estimate #1, Water Improvement Pro�ect No. 95, Schedule B Allied Blacktop Company 3601 48th Avenue North P9inneapolis, PQinnesota 55429 PARTIAL Estimate #l, Street Improvement Pro�ect St. 1969-10 (Seal Coat) Minn-KOta Excavation Co. 3901 85th Avenue North Minneapolis, Minnesota PARTIAL Estimate #l, Street ImproVement P.ro�ect St. 1970-Z PARTIAL Estimate #2, Street Smprovement Project St. 1970-1 $ 4,811.73 $ 2,540.24 $32,252.00 $14,613.88 $ 8,276.94 $14,469.75 MOTION by Councilman Liebl to approve payment of the estimates. Seconded by Councilman Sheridan. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried. RP�SOLUTION #154-1970 - RESOLUTION REVISING DEPARTMENT APPROPRIATIONS WITHIN THE G�NERAL FUND: MOTION by Councilman Sheridan to adopt Resolution #154-1970, accept the deed Prom the Michael Servetus Unitarian Society, and authorize a check in the amount of $4,000 at this time, for the purchase of part of Lot 8, Parcel 2000, Audrtor's Subdivision #21. Seconded by Counczlman Liebl, Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously. � � � � � `Y. R �J 4 /pl1 hF REGULAR COUNCIL MEETING OF AUGUST 3� 1970 COMMUNICATIONS: A FRIDLEY JAYCEES LICENSES FOR SLOW PITCH TOURNAMENT PAGE 18 MOTION by Councilman Harris to xeceive the communication £rom the Fridley Jaycees dated July 23, 1970. Seconded by Councilman Liebl Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously. B. WILLIAM HOFFMAN: REQUEST DiOTICE TO PUBLIC �N DOGS The City Attorney said that the City Manager has been working on the final draft of a new dog control Ordinance. The Acting City Manager said that the Osdinance would be befose the Council very soon. Mayos Kirkham asked that a copy of the draft Ordinance be sent to Mr. Hoffmann. MOTION by Councilman Liebl to receive the communication from Mr. William C. Hoffmann dated Ju1y 26, 1970. Seconded by Councilman Breider. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously C. LEAGUE OF WOMEN VOTERS: RTCE CREEK WATERSHED POSITION STATEMENT MOTION by Councilman Harris to receive the communication from the League of Women Voters, signed by Mrs. Edward Larsen, Chairman, dated July 22, 1970 Seconded by Councilman Liebl. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously. D. NORTHERN STATES POWER: TRANSMISSIDN LINE REPORT, JULY 17, 1970 MDTION by Councilman Harris to receive the NSP transmission line report dated July 17, 1970. Seconded by Councilman Sheridan. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously. E. NORTHERN STATES POWER: TRANSMISSION LINE REPORT, JULY 24, 1970 The City Engineer explained that the 345 KV line is the bigger problem and once the induction problem with the 345 KV line is solved, the problem wrth the small 115 KV line will automatically be solved. Councilman Harris said that the Council's concern is the 115 KV line, not the 345 KV line. MOTION by Councilman Harris to receive the NSP transmission line report dated July 24, 1970, and instruct the Administration to forward a letter to them stating that the 115 KV line is the City Council's immediate concern, and that the delay in construction is not acceptable to the Council. Seconded by Councilman Sheridan. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously. F. WOODCREST BAPTIST CHURCH; REOUE5T PERMISSION FOR PARA➢E MOTION by Councilman 5heridan to receive the communication from the Woodcrest � Baptist Church dated 3uly 3D, 1970 and grant permission with the understanding there will be supervision as so stated in the letter. Seconded by Councilman La.ebl. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously. ,��.+ �.r �� REGULAR COUNCIL MEETING OF AUGUST 3� 1970 G GERALD CLOSE: REQUEST PERMISSION FOR PARACHUTE SUMP PAGE 19 MOTION by Councilman Liebl to grant permission for the parachute �ump to Mr. Gerald Close as outlined in his letter dated July 27, 197D, upon his submitting proof of liability insurance to the City Clerk. The motion was seconded and upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanunously. H. W.B. HOLM, 7424 MELODY DRIVE NE: LACK OF BEACH MOTION by Councilman Liebl to receive the communication from Mr. W.B. Holm, 7424 Melody Drive N.�., dated July 30, 1970. The motion was seconded and upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously. It was agreed by the Council that there should be some type of temporary permit given to those who apply, as the supply of beach stickers has run out. The Police Department is to be notified not to tag cars without a sticker and the attendants at the beach are also to be in£ormed to accept the temporary type of permit. ADJOURNMENT: There being no further business, Mayor xirkham declared the Regular Council Meeting of August 3, 1970 ad�ourned at 10:10 P.M. Respectfully submitted, r , �,.,�c�; � ,��;���,�,- .7ue1 Mercer Secretary to the City Council � �,,��lc � 1�.%� «,�... Jack O. Kirkham `_ Mayor � , �