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09/21/1970 - 00018534`� �� � � THE MINUTES OF THE REGULAR COUNCIL MEETING OF SEPTEMBER 21, 1970 PLEDGE OF ALLEGIANCE: Mayor Kirkham lead the Council and the audience in saying the Pledge of A1legiance to the Flag. INVOCATIONo Reverend Bergren� Redeemer Lutheran Church, offered the Invocation. Mayor Kirkham called the Regular Council Meeting of September 21, 1970 to order at 7:50 P.M. ROLL CALL: MEMBERS PRESENT: Haxr�.s, Bxeidex, Sheridan, Kirkham MEMBERS ABSENT: Liebl PF2ESENTATION OF AWARD: � Mayor Kirkham read the Certificate o� Appreciation for Pather Gerald Keefe aloud and said thank you for his service on the Human Relations Commrttee. The rest of the Council also extended their thank you's. APPROVAL OF TAE MINUTES OF THE REGULAR COUNCIL MEETIDiG OP SEPTS�MBER 8. 1970: MOTION by Councilman Breider to adopt the Minutes of the Regular Council Meeting of September 8� 1970 as presented. Seconded by Councilman Sheridan. Upon a voice vote� a11 Voting aye, Mayor Kirkham declared the motion carried. APPROVAL OF THE MINUTES OF THE PUSLIC HEARING AND WORKSHOP MEETING OF SEPTEMBER 14, 1970. MOTION by Councilman Harris to adopt the Minutes of the Special Public Hearing Meeting of September 14, 1970, as presented. Seconded by Councilman Breider. Upon a voice vote, all voting aye� Mayor Kirkham declared the motion carried. ADOPTION OF AGENDA: Mayor Kirkham said that the £ollowing items were to be added: To Licenses: Auctioneer's License for Cyxil Link To Estunates: Additional Estimates from the City Engineer for Berglund- Johnson and Dunkleys Surfacing. To Communications: Letter from the Attorney General Concerning the Proposed � Elag Oxdinance. MOTION by Councilman kIarris to adopt the Agenda as amended. Seconded by Councilman Sheridan. Upon a voice vote, there being no nays, Mayor Y.ixkham declared the motion carried. � �) ��� REGOLAR COUNCIL MEETING OF SEPTENiBER 21, 1970 PAGE 2 VISITORS: � PETITION NO. 13-1970 - TO REFRAIN FROM CONSSRUCTION OF STDEWALKS ON EITHER STDE OF WEST MOORE LAKE ➢RIVE PROM THE POINT JUST EAST OF BAKER STREET WHERE THE PRESENT SI➢EWALKS END, TO CAROL DRIVE: Mr. Curtis Hebeisen, 901 West Moore Lake Drive, was present to present this petition against the sidewalks on West Moore Lake Drive. He read the petition aloud and said that all the people on the street had signed it. He said that he had noticed in the Minutes that no one was in �avor of the sidewalks. He asked that the Council consider this and give a favorable action. MOTION by Councilman Harris to receive Petition No. 13-1970. Seconded by Councilman Sheridan. Upon a voice vote, all voting aye, Mayox Kirkham declared the motion carried. Mayor Kirkham informed the audience that this petition will be on the next Regular Council Agenda October 5, 1970 and will be considered then. PETITION N0. 14-1970 - FOR THE CONSTRUCTION OF 4TH STREET BETWEEN 53RD AVENUE AND 54TH AVENUE: A resident in the area presented this petition and said that he had over 50% of the signatures in favor of the construction. The City Engineer said that this was originally ordered in, then all of 4th � Street was deleted at the last meeting in response to another petition against the unprovement. Councilman Harris said that when the petition against the improvement was submitted, they also said that it was over 50%. The City Engineer pointed out that the petition against the improvement was for all of 4th Street up to the Outer Drive of I. 694, this petition in favor is �ust from 53rd to 54th. They appear to have more than 50%. Mayor Kirkham said that there should be a review made before any action by the Council. The resident said that he thought that there were 7 that did not sign, and 9 signed the petition. He said that this street was part of the 10 year street improvement plan. He added that the signatures are the home ownexs, and not renters. Mayor Kirkham told the aud�.ence that the Council will wn- sider all aspects and it will be on the Agenda October Sth. BUILDING PERMIT FOR SECON➢ GARAGE BY MR. BENJAMIN, 5708 JEFFERSON STREET: Mr. Ben7amin explained that his lots were all 40' lots and he currently has a request in for a special use permrt for the construction of a second garage on Lot 2. The house and existing garage are on Lot 3. The procedure for a special use permxt would take 4 or 5 weeks and he was anxious to get it up before the winter came on. He said that the bank has been cut off so the existing garage is worthless for his car although he uses it to store a fre�zer and two boats. He said that the existing garage is still good and he �ust finished giving it two coats of paint. The new garage would be for two cars and would face east, which is the street. He asked if there was any � way he could get permission for the second garage sooner than the legal requirements state. The City Engineer explained that the special use permit is a requirement to maintain the residential quality of the neighborhood. It is required to be heard by the Planning Commission and then the Council. The Planning Commission `� �r,� < �> REGULAR COUNCSL NiEETING OF SEPTEMSER 21, 1970 PAGE 3 � is meetinq October 7th, so it could be befare the Council the secund meeting of the month. Mr. Ben�amin �eazed that the procedure would take too long. Mayor Kirkham said that the Council has done this sort of thing before, although there would still be the requirement of a statement of no ob7ection from the neighbors. Councilman Harris asked how many received notices. Councilman Sheridan said that it appeared that there were 19 notices sent and of these 13 or 14 were residents N1r, Ben�amin pointed out that he has room for two houses and two garages as he owns several lots. MOTION by Councilman Sheridan to authorize the Administrata.on to qive the building permit to Mr. Ben�amin upon the receipt of a petition by the surrounding residents that they have no ob7ection. Councilman Sheridan told Mr. Ben7amin to make up a letter in the form of a petrtion and have them sign it, then present it at City Hall. This would give about two weeks more time £or Mr. Ben�amin to construct his garage. SECONDED by Councilman Breider. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried. PUBLTC HEARING ON IMPROVEMENT: SANITARY SEWER, STORM SEWER AND WAT�R IMPROVEMENT PROJECT SS&SW #100: Mayor Kirkham read the Public Hearinq Notice aloud and asked if there were � any comments from the audience, with no response. The City Engineer said that there was a petition from the Anderson Development plat to get service to their plat. There are two ways to serve this area with sanitary sewer and showed the plans on the sczeen, explaining that Plan A is a more complete plan, and would serve the area to the south of the plat also, so that when the area develops� the sewer would already be in. Plan B would be �ust to serve the plat, and would be more expensive rate per foot. Plan B is more costly because it covers less land and there is a crossing across Central Avenue. He said that he had hoped that the people owning the land south of Anderson Development would be present so the Council could get their views. Councilman Harris asked where the assessment would be placed. The City Enga.neer said that more notices were sent out than necessarp, and the assessment would be agaa.nst the property abutting Central Avenue Council- man Harris asked if there would be any assessment on the property along T.H, #65, and the City Engineer said no. He saa.d that the storm sewer facility would eventually be needed and he had included it in these plans. fIe then showed the assessment area on the screen. It was pointecl out that the sanitary sewer assessment for Plan A would be $18.92 per foor and for Plan S$22.09 per foot. Councilman Flarris said that Plan A seems to be the logical way to develop the land and it would be less costly. Councilman Sreider asked What was the City Engineer's reconunendation. The City Engineer said that the whole area will eventually need storm sewer and it would be a Council decision whether to put it in now, or wait until , the area develops. There is no problem with flooding at this time, except for once in a whiie there is a problem with Fireside Drive Councilman Breider asked if it would not be cheaper to put in both at the same time. The City Engineer said that the advantage would be that the equipment would already be in the neighborhood, so for this reason it would be cheaper. A member o£ the audience said that if the storm sewer is not put in now, the blacktop would have to be torn up again later. He said that he would be in favor of it going in now. He added that they needed the sewer in Anderson �;�• , .� � -a REGULAR COUNCIL MEETING OF SEPTEMBER 21� 1970 Devel�pment quickly. PAGE 4 MOTION by Councilman Sheridan to close the puUlic hearing on the improvement pro7ect SS&SW �100. Seconded by Councilman Harris. Upon a voice vote, all voting aye, Mayor Kirkham declared the hearing closed at 8:30 P,M. MOTION .l�y Councilman Harris to concur with the Plan A as submitted by the City Engineer for sanitary sewer and storm sewer ending in the northern terminus of Lot 4, Anderson Development. Seconded by Councilman Breider. Upon a voice vote, all voting aye, Mayor Kirkhant declared the motion carried. The City Engineer asked that to expedite the project that the Council pass two resolutions as the Anderson Trucking are building their building and will need the sewer ser�crices in the immediate future. RESOLUTION #190-1970 - ORDERING SMPROVEINENT, FINAL PLPIVS AND SPEC2FICAIONS AND ESTIMATES OF THE COSTS THEREOF: SANITARY SEWER, STORM 5EWER AND WATER IMPROVEMENT PROJECT SS&SW #100 MOTION by Councilman Harris to adopt Resolution #190-1970. Seconded by Councilman Breider Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried. RESOLUTION #191-1970 - RESOLUTION APPROVING OF PLANS AND ADVERTISING FOR BIDS: S.ANITARY SEWER, STORM SEWER AND WATE$ IMPROVEMENT PAOJECT SS&SW #100_ MOTION by Councilman Sheridan to adopt Resolution #191-1970. Seconded by Councilman Harris. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried. ORDINANCE #462 - ORDINANCE REPEALING CHAPTER 61 "DOG CONTROL" OF THE CITY CODE AND ADOPTING AN "ANIMAL CONTROL ORDINANCE" AS CHAPTER 61: (Tabled 9-8-70) Councilman Harris said that he had receive some calls regarding what many people feel is an unfair charge for unspayed female dogs. The ordinance calls for a charge of $15 for unspayed female dogs and only $5 for males. The people felt that it was unfair to charge more 7ust because they happen to have a female dog rather than a male dog. This was not meant to be a money maker for the City, but rather for control of the anunals MOTION by Councilman Harris to adopt Ordinance #462 on second reading, waive the reading and publish, with the amendment that the fee for all dogs should be $5_00. Seconded by Councilman Breider. Councilman Shendan suggested that maybe the fees should not even be 1lsted in the ordinance. 'Phey could be done by motion or resolution. Then in the event that they would ever need changing it would be easier, as the Ordinance would not have to be amended. The Council felt that it would be a long time before the charges would need changing again. UPON A ROLL CALL VOTE, Harris, Breider, Sheridan, Kirkham votxng aye, Mayor Kirkham declared the motion carried. � , � ,, � r e, r j REGULAR COUNCIL MEETING OF SEPTEMBER 21� 1970 PAGE 5 � CONSIDERATION OF SECOND READING OF AN ORDINANCE AMENDING SECTION 66 OF THE FRIDLEY CITY CODE CONCERNING WATER AND SEWER ADMINISTRATION, SAID AMENDMENT ELIMINATING THE REQUIFEMENT THAT WATER AND SEWER MINIMUM CHARGES BE PAID IN ADVANCE AND ADOPTING THE SCHEDULE OF CHARGES THAT HAV� BEEN IN BFFECT 52NCE FEBRUARY 6, 1967, THIS AMENDMENT AFx'ECTING SECTION 66.08 CONCERNING WATER AND SEWER CHARGES: Councilman Harris asked i� it was necessaxy that they take action on this Ordinance tonight. He said that there is a good possibility that the City will have to come up with more money and the rates may have to be raised when the Metropolitan Sewer Board takes over. The Finance Director said that this Ordinance is aimed at eliminating the advance chaxges These are the rates that have been charged, based on Resolution. Councilman Harris said that Fridley's sewer bill is $58,000 and it may be $391,000 next year. The addrtional money is going to have to be raised somehow. He did not feel that the charges should be listed in the Ordinance. Mayor Kirkham said that the intent was in regard to the advance charges and he did not feel that the rates would have to be in. Councilman Sheridan said that the rates could be done be Resolution. MOTION by Councilman Harris to table this Ordinance and order that it be brought back at the next Regular Council Meeting with the water and sewer rates deleted. Seconded by Councilman Sheridan. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried � CONSIDERATION OF A SECOND READING OF AN ORDINANCE PROHIBITING TFdE CHANGE, OBSTRUCTION� RECONSTRUCTION OR ALTERATION OF ANY PUBLIC WATER OR WATERWAY WITHIN THE CITY OF FRIDLEY WITHOUT A WRITTEN PERMIT FROM THE CITY ENGINEER: The City Engineer commented that there was no aefinition as far as creeks go. East of the railroad tracks they are ditches. He suggested enforcement west of the railroad tracks on all creeks except for Rice Creek. He pointed out that there is no "Onaway-Craig" creek on the plat, and that it is a ditch on the east side of the �racks. This is the problem area that needs the storm sewer. Councilman Harris asked who maintains the drtch The City Engineer said that the C�.ty has done some work, and also the property owners Council- man Harris said that i� the dZtches wexe included in the Ordinance, there would be a permit .required for any work an the ditch. In this way the Citp would be aware of what is going on. As it is anyone could go in and do some work on a ditch. Mayor Kirkham felt that the property owners may not want to come down and get a permit to do work on their own ditch. Councilman Sheridan said that the concern is whether they are public waterways or ditches. A ditch is private property. In Onaway the property on both sides is owned by the same person and he would own the ditch, If ke wanted to alter it he would have the right to do so. Councilman Breider said that the intent was to protect the established creeks and watexways and one could not consider a drtch established. Councilman Harris said that there is no mention of Moore Lake and Locke Lake. The City Engineer said that in his memorandum he included them. He said that � the City Attorney felt that if someone did something to the shore of the lake, that it would not affect anyone else. Councilman Sheridan said that this would not necessarily be true, they could affect the shoreline. Mr. Wyman Smith, Acting City Attorney in the absence of Leonard Juster, said Locke Lake would be taken care of by stipulating Ra.ce Creek. Councilman Harris suggested that it be made to exclude private ditches. He felt that it would be easier to make exclusions rather than try to include evexything that should be included. ��:�Sl REGULAR COUNCIL MEETING OF SEPTEMBER 21, 1970 PAGE 6 The Acting City Attorney suggested following the recommendation of the City � Engineer and call those west of 'the railroad tracks creeks ancl east they are ditches, and would not require a permit. This would be theoretically assuming that they become creelcs west of the tracks. Councilman Harris felt that there was another item that should be covered in this Ordinance. This was the possibility of someone constructing a bridge or walkway over the creek and obstructing the canoeists. He felt that private construction should be controlled. If someone built a bridge from shore to shore, there may be a problem of head room at high water. Councilman Breider asked if the phrase "or cause an obstruction" could be considered to control this. Councilman Harris felt that this would mean obstructing the course, which you would not be doing by building a bridge. The Acting City Attorney said that this could be spelled out in the Ordinance if the Council wished. Mayor Kirkham said that he would like Moore Lake listed. MOTION by Councilman Harris to tahle this Ordinance for the suggested correc'tions. Seconded by Councilman Breider. Councilman Sreider asked if this Ordinance would then be naming the creek "Onaway-Craig" Creek. Councilman 5heridan said that this creek is actually a part of the storm sewer system currently in dispute with Spring vake Park. Councilman Harris said that he believed that this is the same as Stoneybrook Creek. A man in the audience said that this 1s what the residents call it ' and would be willing to petition to officially name the creek. UPON A VOIC� VOTE, a11 voting aye, Mayor Kirkham declared the motion carried. ORDINANC� #463 - AN ORDINANCE ADDING TO SECTION 81, BEER, SECTION 81.13 WHICH SECTION SHALL AUTHORIZE THE CITY COUNCIL TO ISSUE LICENSES TO NON-PROFIT ORGANIZATIONS TO ALLOW THEM TO SELL BEER ON PUBLIC PROPERTY IN CONJUNCTION WITH THEIR ACTIVITIES: The Acting Crty Manager, Marvin Srunsell, said that one reason this Ordinance was laid over was to check on insurance and in checkzng, they found that organizations such as the Jaycees do have their own insurance. The only organization that might have a problem is the softhall leagues etc. The question would be, could you consider them as paxt of the funetions o£ the City? They have their own organization, the City does not receive any money, nor pay their bills, but they do not have any insurance. Councilman Sheridan said that this Ordinance would eliminate them. He felt that the softball league should be covered by insurance anyhow. They have been selling beer at some of their tournaments, The Acting City Manager said that he did not believe the City's insurance would extend to them. Councilman Sheridan felt that the Ordinance should stand as written. N10TION by Councilman Harris to adopt Ordinance #463 on second reading, waive the reading and order publication. Seconded by Councilman Sheridan. Upon a roll call vote, Harris, Breider, Sheridan, and Kirkham voting aye, Mayor � Kirkham declared the motion carried. ,���- i � .�_� REGULAR COUNCIL MEETING OF SEPTEMBER 21, 1970 PAGE 7 � CONSIDERATION OF CONDEMNATION 31257 - PROJECTS: PARK AND RECREATION PURPOSES: (Tabled 9-8-70) M�TION by Councilman Harris to table this item to the next F.egular Meeting, Seconded by Counca.lman Sheridan. Tlpon a voice vote, all voting aye, Mayor Kirkham declared the mota.on carried. CONSIDERATION OF 1971 BUDGET (Tabled 9-8-70) The Acting City Manager .reported that he has been working on the budget and it is coming along all right. He said that he hoped to have something to show the Council in the neax future. MOTION by Councilman Breidez to table consideration of the 1971 budget. Seconded by Councilman Sheridan. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried. FIRST READING OF AN ORI]INANCE TO AMEND SECTION 3.06 OF THE FRIDLEY CITY CODE TO CLASSIFY AND RESTRICT CERTAIN CITY EMPLOYEES I'ROM WAGE PAYMENT DURIDIG PERIOD OE INJURY: Councilman 5heridan asked that the second paragraph be corrected where it states "City of Co].umbia Heights" and changed to "City of Fridley". � MOTION by Councilman Shexidan to approve the Ordinance on first reading and waive the read.�ng. Seconded by Councilman Harris. Upon a voice vote, all voting aye, Mayor Rirkham declared the motion carried. FIRST READING OF AN ORDINANCE PROVIDING FOR LICENSING OP TAXI CABS AND REGULATING THEIR OPERATION IN THE CITY OF FRIDLEY AND AMENDING ORDINANCE NO. 25 PRESENTLY CODED AS CHAPTER 73 OF THE FRIDLEY CITY CODE_ Councilman Breider said that he noticed in reading the Ordinance in Section 73.04 -"Examination of Taxicabs", that it calls far a statement signed by the operator of a garage or service station in the Crty of Fridley. When Columbia Heights Cab Company was here they stated that they had their inspections done in Columbia Heights. This requirement would mean a double service. He suggested that the Ordinance say by a licensed service stat�on. If the cab was a Plymouth, fos instance, they would go to a Plymouth dealer. Mayor Kirkham agreed so long as they were a reputable establishment. Councilman Harris agreed and said that they could go to the appropriate dealership MOTION by Councilman Breider to appsove the Ordinance on first reading and waive the reading, with the suggested amendment incorporated a.nto the Ordinance. Seconded by Councilman Sheridan. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried. DISCUSSION REGARDING SEWER BACKUP CLAIM BY STEVEN MAST � The CIty Engineer explained that this claim was turned over to the insurance company but they refused 'to honor the claim. Mr. & Mrs. Mast then approached Councilman Liebl on this matter. MOTIGN by Councilman Sheridan to pay the claim of $58.18 to Mx. & Mrs. Mast. Seconded by Councilman Harris with the addition that there should be a signed statement. ��� REGULAR COUNCIL MEETING OF SEPTEMBER 21, 1970 pAGE 8 MOTION AMENDED by Councilman Breider stating that he noticed that this address , is on the list of delinquent water and sewer bills, so this claim can be put toward the delinquent bill. The motion was seeonded and upon a voice vote, all voting aye, Mayor Kirkham declared the amendment carried. UPON A VOIC� VOTE,all voting aye, Mayor Kirkham declared the amended motion carried. REQUEST FOR EXTENSION OF TINLE FOR MEETING REQUIREMENTS FOR REZONING (ZOA #69-OSA) WESTERLUND (EDWARD P$RRY) ON 69TH AVENUE• The City Engineer explained that iiie first readzng for the rezoning on this property has been held. It is �or an R-3A zoning. In this area the City of Frzdley was asking that the developer pick up some property along the creek for a donation to the City. The current problem is one of negotiations far the property and financial problems. Councilman Breider asked how long an extension was desired. Mr. Edward Perry saYd that this would be difficult to state. They only �ust became aware of the donation they were supposed to make, and negotiations have not progressed to date. He questioned if it would be feasible to make a money donation to the park system, if the negotiations prove unsatisfactory. He said that he had no idea how much the asking price on the additional land would be. The City Engineer asked if he meant that if the negotiations with the property owner were not satisfactory, then he would donate money? Mr. Perry said that he had � no idea how much they were talking of The property owner map be askzng an unreasonable amount. He said that this was brought to his attention about 14 days ago, then he was called out of town. The City Engineer suggested to hun the extension of time. Councilman Harris said that he would agree to the extension. Mr. Perry said that i� the price of the land is reasonable, they will comply. He questioned what would happen if the price was unxeasonable Councilman Harris suggested that he contact the City Assessor to find out the value of the land, Councilman Sheridan asked about the 6 month limitation between the first and second reading of the Ordinance. He wondered if this was Council policy or if there was some legal limitation. The City Engineer said that it was no legal requirement, but a matter of policy of the Council. The Acting City Attorney agreed and said that the only stipulation was that at least 7 days must elapse between the £irst and second reading of the Ordinance. MOTION by Councilman Harris to extend the time limitation on the rezoning request ZOA #69-08A by Edward Perry (Westerlund) until January 1, 1971. Seconded by Councilman Breider. Upon a voice vote, all voting aye, Mayor Ka.rkham declared the motion carried. RECEIVING TIIE MINUTES OF THE H.ANNING COMMISSION MEETING OF SEPTEMBER 9, 1970. SPECIAL USE PERMIT REQUEST: SP #70-10� BY NORTH AIR HOME ASSOCIATION: To improve parking lot on the south 150 feet of Lot 18, Brookview Addition, � per Section 45.071 (3F) City Code. (Knights of Columbus) The City Engineer said that this request was for the improvement of the parking lot for the Knights of Columbus Hall. This lot has been split, and at the time of the splitting the drainage problems were pointed out. In 1966 storm ���� �r��� REGULAR COUNCIL MEETING OF SEPTEMBER 21, 1970 PAGTJ 9 � sewer was proposed, but it was deleted because of the ob�ection of the residents in the area. In 1969 a hearLng was again held and once again the residents obaected. The impxovement of the parking lot would make the drainage problem worse. Mr. Mark Breeny, Vice President of Noxth Air Home Association, agreed that there was a water problem. He said that the water gradually drains to the T.H. #65 ditch. The City Engineer said that there were two ways to put in the storm sewer and either way the cost would be about the same. This improvement cost at the time of the hearings was less than $2.00 per hundred square feet. Councilman Harris asked i� they wese lmproving the existing parking lot or making it bigger. Mr. Brenny said that they were increasing its size. Councilman Harris asked how much they would be adding to the problem. The City Engineer said that as the area becomes more developed, the problem becomes gxeater and gxeatex. MOTION by Councilman Harris to approve the special use permrt with the stipu- lation that North Air Home Association sign an agreement to the ef£ect that they will not oppose the storm sewes when the City deems it necessary to go in. The City Engineer commented that the KC Hall has never opposed the storm � sewer, it 1.s the people on the higher ground. Mr. Bre�ny agreed and said it will cost more in the years to oome. SECONDED by Councilman Sheridan. Upon a voice vote, all voting aye, Mayor Rixkham declax'ed the motion carried. MOTION by Councilman Harri5 to receive the Minutes of the Planning Commission Meeting of September 9, 1970. Seconded by Councilman Sheridan. Upon a voice vote, a11 voting aye, Mayor Kirktzam declared the motion carried_ RECEIVING THE MINUTES OF THE SOARD OF APPEALS MEETING OF SEPTEMBER 15. 1970 The Csty Engineer reported that there was no formal aation taken by the Board of Appeals, so the Minutes could just be received. MCfPIOAT by Councilman Breider to receive the Minutes of the Board of Appeals Meetinq of September 15, 1970. Seconded by Councilman Sheridan. Upon a voice vote, all voting aye, Mayor ICirkham declared the motion carried. DI5CUSSION REGARDING ORDERING REMAINING STREET LIGHTS BUDGETED ILd 1970: The CIty Engineer said that there were 30 lights budgeted this year. There are about 10 lights left to be ordexed in. He then handed out the proposed street lighting fox 1970, phase two, and said that unless the Council had some specific requests, that these lights would be installed. ' Councilman Harxis said that as was discussed earlier, Jay Park is in need of a street light, although this would be in tlie middle of the block. It is vexy dark and people complain o� cars parking there at night The City Engineer asked if he meani in the park or in the street. He said that the street 7.ights only light the street and are constructed so that the light does not .�!� �i REGULAR COUNCIL MEETSNG OF SEPSEMBER 21� 1970 pAGE 10 shine behind the fixture. Councilman Harris pointed out that there were a lot � of trees extending out to the road, and this block is longer than normal. The Parks and Recreation Driector said that they were in the process of surveying their needs for lighting in the City parks. He pointed out that there are other parks that also need lighting. He added that he thought that the parking that the people complain of is in the area north of the park. It would be difficult to get a car into the park itself because of the curbing. He agreed that this is a very dark area. Counci]snan Harris said that perhaps this light should not come under the street lighting program, but rather under the ,park program. fle said that he would withdraw his suggestion with the understanding that the Parks and Recreation Department will be following up on it. MOTION by Councilman Harris to approve the Proposed Street Lighting for 1970, Phase Two, as submitted by the City Engineer. Seconded by Councilman Sheridan. IIpon a voice vote, all voting aye, Mayor Kirkham declared the motion carried. CONSIDERATION OF AUTHORIZATION OF ADVERTISING FOR BIDS - LIQUOR ON SALE OUTT.ETS : Councilman Harris said in regard to the earnest money that the $1000 seemed 1ow and usually there is So required. The Actzng City Manager said this is true, but usually the City is buying rather than selling. Councilman Harris felt that unless the earnest money is l�igh enough a second highest bidder could �ust walk away from the bid, and forfeit tihe mone.y. Councilman Sheridan � said that he agreed, it should be So. Councilman Sheridan suggested that the City may be in a position to carry the contract, and do the financing itself. The Acting City Attorney said that this might be a good thing, the market is depressed at this time. Councilman Harris said that this was a good suggestion. Councilman Breider asked what if, assuming the City accepts the mortgage, it comes back. Councilman Harris said that then the City could sell it again. Mayor Kirkl�am felt that it would be harder to sell the second time. He added that if terms were avail- able, it would increase the potential bidders. After some discussion, it was agreed that the terms were f.o be SOo down, balance in three years at 8% interest. The Acting City Attorney suggested that the Acting City Manager write up some temrs and have them available upon request so that all bidders would have the same information. MOTSON by Councilman Sheridan to authorize advertising for bids £or the liquor on sale outlets, with So earnest money to be deposited, and with the under- standing that there would be terms available as laid nut, Seconded by Councilman Harris. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried. CONSIDERATION OF VACATION POLICY: The Acting City Manager suggested that this be tabled until after the union � settlement is reached. MOTION by Councilman Harris to table City of Fridley Memorandum #6-1970, concerninq vacation policy. 5econded by Councilman Sheridan. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried. AEGULAR COUNCIL MEETING OF SEPTE�BER 21, 1970 PAG� 11 � RESOLUTION #192-1970 - RESOLUTTON APPROVING FRONTAGE ROAD DETACHMENTS AT 57TH AVENUE AI3D 61ST AVEIQUE ON UNIVERSITY AVENUE (T.H. #47) The City Engineer showed the proposed work on the easel and said that this resolution would tie down the design so that work could start on the plans_ Councilman Sheridan asked if it Would be completed in 1971 The City Engineer said that thexe is a request in to the State for funds, but the State cannot sign the agreement until the funds are actually encumbered. He said that he hoped to let the contract in early spring. MOTION by Cotmcilman Sheridan to adopt Resolution #192-1970. Seconded by Councilman Breider. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried. RESOLUTION #193-1970 - A RESOLUTIqN CERTIFYING CERTAIN DELINQUENT WATER AND SEWER CHARGES TO THE COUNTY AUDITOR POR COLLECTION WITH THE 1971 TAXES Councilman Harris asked iE there were any multiple dwellings included in the listing. The Acting City Manager said that he believed there were some. MOTION by Councilman Harris to adopt Resolution #193-1970, and fuxther, that unless the delinquent water and sewer charges are paid by the multiple dwellings within 10 days, that their license be revoked. The Acting City Manager sai3 that there is a 10o penalty added onto the billing. � If the license is reVOked, the City still would not have the money. Councilman Aarris said that the City should not act as a bank for delinquent bills. The Acting Crty Attorney asked if the legal description is sent along to the County and the Acting City Manager said yes. The Acting Crty Attorney pointed out that the mortgage companies will not like it if there are delinquent bills against the establishment. The Acting City Manager said that these charges are all the delinquent bills since last year at L-his time. THE MOTION seconded by Councilman Sheridan Mayar Kixkham declased the motion carsied. APPOINTMENT HUMAN RELATIONS COMMITTEE: Upon a voice vote, all voting aye, Mayor Kirkham said that he had a pexson m mind but he had not received an official affirmative answer. MOTION by Councilman Sheridan to table this appointment to the next Regular Council Meeting. Seconded by Councilman Breider. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried. APPOINTMENTS CITY EMPLOYEES: Name Position Salary � Nina E Lewis (Zabel) Cashier $373.32 11040 Yukon Street N.W. Coon Rapids, Ma.nn. 55433 Replaces Linda S Johnson Effective September 7, 1970 Bonnie L. Gingera.ch Switchboard -$365.14 Nina L. September 7, 1970 215 65th Avenue North Receptionist Lewis Minneapolis, Minn. R�GULAR COUNCIL MEETING OF S�PTEMBER 21� 1970 PAG� 12 MOTION by Councilman Sheridan to approve of the foregoing appointments. Seconded by Councilman Breider. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried CLAIMS: MOTION by Councilman Harris to approve payment of General Claims #22914 through #23034 and Liquor Claims #4815 through #4852_ Seconded by Councilman Sheridan. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried. LICENSES: Solicitors• Eddie Loyd BetL-y Zoyd Minnie Loyd Sam Perry Patricia Perry Wilbert Perry Larry Frazzier For EMJ Center 3718 Stevens Avenue So Minneapolis, Minnesota By: Josephine Foreman Minnie Hicks Approved By Police Chief Councilman Sheridan asked what was this organization. He said that he would like to know more about it. It appears that they would be selling candy. The Acting Gity Manager said that he did not know anything more about the company. Mayor Kirkham said that he would like to know more also. MOTION by Councilman Sheridan to lay this Ia.cense The motien was seconded and upon a voice vote, all declared the motion carried Auctioneer's License Cyril Link 7550 University Avenue Fridley, Minnesota By: Cyril Link over for further research. voting aye, Mayor Kirkham Mr. Robert Guzy, representing the fee owners where the auction would take place, said that he was appearzng to make certain that the Council would find that this type of retail sales would be permissible under CR-2 zoning. It is a three bay building, the other two of which are already rented. The building faces south and is 7ust north of the new Post Office. He said that there has been some trouble getting tenants The lot to the north is zoned commercial. He felt that this type of retail sales could be conducted in CR-2 zoning according to the Ordinance. The men who want to rent the bay would like to conduct an auction from there a few nights a week. The parking situat.ion would be taken care of as the other two renters do not have second shi�ts so there would not be cars from their business. The auction operates by anyone taking in articles they wish to sell and it is then auctioned off. Everything would be strictly on an auction basis The present tenants have no ob7ection. � � � REGULAR COUNCIL MEETING OF SEPTEMBER 21, 197D PAGE 13 � Councilman Harris asked if there was any lighting in the parking 1ot. The City Engineer said that he had certain rese�vations if the Council wished to issue a license for this £acility. Originally there was not adequate parking and the people were parking in the street and all around the building. He suggested that the following five points be considered: l. Parking to be provided on their facilrty. 2. Landscaping and outside development be completed and we11 maintained. 3. Provide adequate lighting. 4. There is to be no outside storage or activity. 5. Understanding that thezr license is good only until April when all the renewals are due. Mr. Guzy said that his tenants knew that there could be no outside storage and had planned to comply. Mr. Leon Godeke, auctionee�, said that anybody could bring in articles to be auctioned off. They planned on being open 4 or 5 hours a day to accept articles for sale. There would be an auction two nights a week. They would auction off any article o� general merchandise all inside the building � Councilman Sheridan asked what type o� a sign they would be using ior advertising Mr. Cyril Link said that they would be advextising heavily in the newspapers. Mr. Godeke sa�d that when people bring in their mexchandise they would leave their name and address, then after the auction the following week they would be sent a check_ He saic] that he has done this for two years in North St. Paul, for an operator who has had the business for four years. The name of the business is Marty's Auction House. Mayor Kirkham said that he would like to check it out. N1r. Guzy said that they are anxious to start. The bay is now vacant. Ide said that if there was some way they could speed up the approval, he would appreciate it. The Council asked the three men to identi£y themselves. Mr, Cyril Link said that he lives at 6800 Channel Road Mr. James Peterson has lived in Spring Lake Park and Blaine since 1953. Mr. Leon Godeke said that he has been licensed in Minnesota £or three years, and is currently living at 6942 Pleasant- View Drive, Moundsview. He added that for the State license he had to post a bond_ Councilman Harris asked what would happen if a truck brought a delivery and there was no more room in the building. Mr. Link said that he supposed that they would have to re£use them. Mr. Godeke added that since he has been doing this type of business for three years, this has never happened. He explained that the things can be stacked up as they do not have to be displayed as in a normal store_ Mr. Link said that he would guarantee that there would not be anything outside � qf the buildinq. Mayor Kirkham asked how they would be assured thaL- this would not be a fencing operation and that they would be handling stolen merchandise. Mr. Godeke said that the people must leave their names and addresses and they do not receive their money until after the auction. The check is made up the £ollowing week RGGULAR COUNCIL BIEETING OF SEPTEMBER 21� 1970 PAGE 14 Councilman Harris asked how often the auctions would be. Mr. Link said that he � thought they would be Wednesday and Friday nights. Mr. Godeke added that if they find that they have to be open more nights than this, they will come back and ask for it. MOTION by Councilman Breider to grant the auctioneer's license to Cyril Link sub7ect to the five points made by the Czty Engineer which were: 1. Parka.ng to be provided on their iacility. 2. Landscaping to be completed and well maintained. 3. Provide adequate lighting. 4. There is to be no outside storage or ectavity. 5_ Understanding that their license is good only until April when a11 the renewals are due. Councilman Harris asked the Acting City Attorney if there was any question about the acceptability of this type of operation within the CR-2 zoning. The Acting City Attorney said that it is a grey area and is not prohibited. Councilman Harris said that he did not want io be getting into any problems with the other people in Commerce Park. The Acting City Attorney pointed out that their operation would be up for review in April and with the stipulations that are to be imposed, it could be reviewed then to see that all the conditions are met. Ae added that the best control is the State auctioneering license. THE MOTION seconded by Councilman Sheridan Mayor Kirkham declared the motion carried. Moving and Wrecking Doepke Building Movers 5920 West 70th Street Minneapolis, Minnesota By: W�.11iam Doepke Upon a voice vote, all voting aye, MOTION by Councilman Sheridan to approve the license Seconded by Councilman Breider. Upon a voice vote, Kirkham declared the motion carried. ESTIMATES: Dunkley Surfacing Company 3756 Grand Avenue N.E. Minneapolis, Minnesota PARTIAL Estimate #2 for Street Improvement Pro�ect St. 1970-4 Comstock & Davis, Inc. 1446 County Road "S" Minneapolis, Minnesota 55432 Approved By Building Inspector for poepke Building Movers. all voting aye, Mayor For the furnishing of Professional Engineering Services: FINAL Estimate �'rl for Water Improvement Pro�ect No 98 FINAL Estimate #1 for Water Improvement Pro�ect No. 99 $16,945.83 1 $ 669.52 ' $ 257.20 � � � REGULAR COUNCIL MEETING OF SEPTEMBER 21, 1970 ESTIMATES CONTINUEII: PARTIAL Estimate #10 for Sanitary Sewer & Water Improvement Pro7ect No. 93 from August 3, through August 29, 1970 PARTIAL Estimate #10 for Water Improvement Pro�ect No. 94 from August 3, through August 29, 1970 PARTSAL Estimate #4 for Water Improvement Pro7ect No. 95, Schedule B�rom August 3 through August 29, 1970 Berglund-Johnson, Ino. Excelsior, Minnesota 55331 PARTSAL Estimate #3 for Water Improvement Pro�ect No. 95, Schedule B, according to contract PAGE 15 $ 565.40 $ 10.56 $ 1,683.90 $52,487.00 MOTION by Councilman Harris to approve payment of the estimates Seconded by Councilman Sheridan. Upon a voice vote, all voting aye, Mayor Kirkiiam declared the motion carried. COMMUNICATIONS: A. AUTOMOSILE CLIIS OF MINNEAPOLIS. RECEIVING PLAQUE AND LETTL�R MOTION by Councilman Breider to receive the plaque and communication dated August 28, 1970. Seconded by Councilman Harris. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried. B. VAN VALKENBURG, MOSS & FLAHERTY, LTD.: BROTHEN INC.: MOTION by Councilman Harris to receive the communication from Van Valkenburq, Moss and Flaherty, Ltd dated September 3, 1970 and �ndicate to Brothen and their attorneys that the landscaping does not conform to the Council request or the Ordinance, therefore, there will be a complaint filed for violation of the ordinance and they will appear in court. Councilman Harra.s commented that there has been no attempt by them to fulfill the agreement, and he has been told that they have no intention of doing anything further. TIIE MOTION was seconded and upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried. C NORTHERN STATES POWER: REPORT DATED SEPTEMBER 4, 1970. MOTION by Councilman Harris to receive the report from NSP dated September 4, 1970. Seconded by Councilman Breider. Upon a voa.ce vote, all voting aye. Mayor Kirkham declared the motion carrled. D. NORTHERN STATE5 POWER: REPORT DATED SEPTEMBER 11. 197 Counczlman xarris was very upset by the fact that Northern States Power has failed to live up to their agreement with thc Citp He was afrazd that they REGULAR COUNCIL MEETING OF SEPTEMBER 21, 1970 PAGE 16 would get the 345 KV line up, then say that with the winter coming on, they would have to wait with the 115 KV line. MOTION by Councilman Harrls to receive the Noxthern States Power report dated September 11, 1970 and request that Mr. John Pearce and Mr. Coleman, Kienhart, Mielke, Grosshans, Ripsin, Walters, Welk, and any other technical personnel to be present at the next Council Meeting to answer questions posed by the Countil, and that the Council is unhappy with the developments on their contractural agreement. Seconded by Councilman Breider. Councilman Breider questioned if they are having so much trouble with the induction inter£erence, why then will not the residents have trouble with trans- mission also° He said that he would like a technical man in to explain why there will be no interference with them. Councilman Sheridan said that the PCC would then enter in. Councilman Harris asked if the City would have the right to prohibit their energizing iheir lines if they fail to meet their requirements. The City Attorney said that the City might have to take some affirmative action. fIe asked if there was any agreement. The City Engineer said that there were letters from them. Councilman I-Iarris said that they could get permission to energize the 345 KV line tomorrow, then not fulfill their part of the bargain in reqards to the 115 KV line. UPON A VOIC� VOTE, all voting aye, Mayor Kirkham declared the motion carried E. OFPIC� OF THE ATTORNEY GENERAL: FLAG ORDINANCE MOTION by Councilman Harris to receive the communication from the Attorney General dated August 31, 1970 and order the Flag Ordinance back on the next Council Agenda October 5, 1970. Seconded by Councilman Breider. Upon a voice vote, a11 voting aye, Mayor Kirkham declared the motion carried. WEST MOORE LAKE SIDEWALK PETITION: Councilman Harris said that he would like to make the following motion regarding the petition in opposrtion to the sidewalks on West Moore Lake Drive. MOTION by Councilman Harrls to direct the Administration to write a letter to District �14 School Board indicating the Council has received a petition in opposition to tne sidewalks, and that rt will be on the Agenda October 5, 1970, and inviting any mernber of the School Board who may wish to be present, to attend. Seconded by Councilman Sheridan Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried. Councilman Breider asked how the Council is to close the communication gap between the School Board and the Council. He felt that this may be the first step. He said that he would like to see some reciprocity. COUNCIL MEETING ON COLUMBUS DAY, LEGAL HOLIDAY. Councilman sreider said as to whether the Council would be meeting October 12th which is Columbus Day and a Legal Holiday, that this is a vacation day for all the Administration and Staff and by holding a meeting on the 12th, this would mean that they would have to work on their holiday. This would destroy the intent. He asked if it would be possible to hold it on Tuesday. Councilman � � � REGULAR COUNCIL MEETING OF SEPTEMBER 21, 1970 PAGE 17 � Harris said that he had an N.S.S.S.D. Meeting that nlght, but it would make no diffe�Rnce to him. Councilman Sheridan questioned whether the Council could conduct any official business on a legal holiday. It was agreed by the Councll to hold the Meeting on Tuesday, October 13th MQTION by Councilman Sreider to hold the Public Hearing Meeting of Qctoher 12, 1970 on October 13, 1970 as the 12th is Columbus Day and a 1ega1 holiday. Seconded by Councilman Sheridan. Upon a voice vote, all vo�ing aye, Mayor Kirkham declared the motion carried. PREVENTIVE SECURITY SERVSCES: MOTION by Councilman Sheridan to ask the Council to reconsider their action in regard to preventive security services. There has been a draft submitt�d by the Police Chief also. His recommendation was that they talce both drafts and sit down with the Police Civil Service Commission as they may also have some ideas Seconded by Councilman Breider. t3pon a voice vote, all voting aye, Mayor Kirkham declared the motion carried DISCUSSION REGARDISdG SEWER CAPACITY PROBLEMS: The City Engineer said that there was a problem with the sewer capacity east of Central Avenue_ The report has been su6mitted to the Council within the last six months and he would like to know the Council's feeling on whether he should � go ahead and prepare some plans as they have to take care of the problems. As the areas develop, the problem is compounded. The question is should ihe sewer be diverted to N S.5.S.D. or would some alternate be cheaper. Councilman Harris wondered whether since the rese.rve capacity assignment from N,S.S.S,D. might be quite expensive, perhaps it would be cheaper to go to the south and hook on to the Minneapolis system. The City Engineer said that if pians were started now it would be two or three years before there could be any Federal assistance, It would not actually be reserve capacity, as it is needed now. ADJOURNMENT: MOTION by Councilman Harris to ad7ourn. The motion was seconded and upon a voice vote, al.l voting aye, Mayor Y.irkham declared the Regular Council Meeting of September 21, 1970 ad7ourned at 11:25 P.M. Respect£ully submitted, � ' � /��� �� /,' f �-�.GG�� �7'i71 �,e.�ir_/ _ _ _ � C�✓[ �`� (/� l -�-i2�N , ev �.-� uel Nlercer � j Jac7c O. Kirkham Secretary to the City Council ' Mayor �