01/04/1971 - 00018375� Y _�
THE MINUTES OF THE REGULAR COUNCIL ME�TING (�F JANUARY 4, 1971 �
PLEDGE OF ALLEGIANCE:
Mayor Kirkham lead the Counca.l and the audience in saying the Pledge o£
Allegiance to the Flag;
INVOCATION:
A representative of the Ministerial As5ociation offered the Invocation.
ROLL CALL:
MEMBERS PRESENT Kirkham, Liebl, Haxris, Sreider, Sheridan
MENBERS ABSENT: None
PRESENTATION GF 1-1WARD
The presentation of the Certificate of Appreciation for Mr. David Larson,
North Suburban Sanitary Sewer District Chairman was not made a5 Mr.
Larson was unable to attend the Meeting.
APPROVAL OF THE MINUTES OF THE REGULAR COUNCIL MEETING OF DECEMBER 21, 1970: �
MOTION by Councilman Liebl to adopt the Minutes o£ the Regular Council
1"leeting of December 21, 1970 as presented. Seconded by Councilman Harris.
Upon a voice vote, all voting aye, Mayor Kirkham declared the motion
carried unanimously.
��PTION OF AGENDA•
Mayor Kirkham said that there were some additional items to add as follows:
2A Receiving memo from City Managex regaxding Rol�.ce Holiday policy.
Correct the Agenda Index to read Robert Kelshaw rather than James Kelshaw.
3A: Receiving letter fx'om City Attorney regarding his resignation as
City Attorney.
6A: Appointment of representative to N.S.S.S.D. Sexvice Area Board.
6B: Appointment of representative to Anoka County Joint Law Enforcement
Council.
MOTION by Councilman Harris to adopt the Agenda as amended, Seconded by
Councilman Breider. Upon a voice vote, all voting aye, Mayor Kirkham
declared the motion carried unanimously.
Mayor Kirkham said that he would like to move the Visitors portion of the
Meeting to after the seating of the new Councilman for the Second Ward,
Robert Kelshaw. '
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REGULAR COUNCIL MEETING OF JANUARY 4, 1971
PAGE 2
' ORDINANCE i#471 - SECOND READING OF AN ORDINANCE UND�R SECTION 12.07 OF THE
CITY CHARTER TO VACATE STREETS AND ALLEYS AND TO AMEND APPENDIX C OF THE
CITY CODE: (SAV #70-0�1) (Brook Street, Requested by James L. Robinson.)
The City �ngineer said that the first reading was held, then the second
reading was held up pending receipt of documents necessary. They have now
been received and everything is in order.
Councilman Harris said that when the Robznson representative was present at
the Meeting, the Council indicated their desire to have this area cleaned up
and wondered if anything had been done. The City Enqineer said that some of
the clean up has been done and there would be no further legal action until
after the lst of January when the bank takes over the property. He said
that the ma�or problem was not the Skelly Station property.
MOTION by Councilman Harris to adopt Ordinance #471 on second reading, waive
the reading and order publication. Seconded by Councilman Sheridan. Upon a
roll call vote, Harris, Breider, Sheridan, Kirkham and Liebl voting aye,
Mayor Kirkham declared the motion carried unanimously.
FIRST READING OF UNIFORM SNOWMOBILE
Mayor Kirkham said that he had received a letter £rom Mrs. C.�. Hamilton,
181 Ri.ce Creek Terrace and read a portion of the letter aloud He wondered
if it would not be possible to draft a form letter to be sent to people
� complainang of snowmobiles as he felt that there would be more complaints
coming in. He would like the letter to show that the Coun.cil is in
sympathy with the residents complaining, but explain their position.
Mrs. William Holm, 7424 Melody Drive N.E., said that they went out and got
many names on a petition that was presented to the Council. She said that
Minneapolis and Columbia Heights have a strong law banning snowmobiles £rom
the City streets, so why cannot Fridley. She felt that they were pleasure
vehicles and should not be allowed on the City streets. 5he said she
lives on the corner and it is impossible to see a snowmobile from the
corner because of the snow bank5. She said that they should not be driven
by cha.ldren as she has seen done. The ma�ority of people do not have
snowmobiles, and why should they have to suffer the noise and danger. She
felt that the safety hazard was unbearable, and they should be on park pro-
perty.
Mayor Kirkham said that no one on the Council would asgue with her on her
points made. There was a rulinq a year ago that they could not be banned
completely. Mrs. Holm said that Minneapolis and Columhia Heights found a
way and she had been told that the municipalities can do it. Mayor Kirkham
said that the ruling was published by the Minnesota League of Municipalities.
Mrs. Holm said that it would be in the best interest of the City to ban them
from the streets.
� Mr. Virgil I-Ierrick said that the Attorney General's office overruled an
opinion which he 7ust examined today. Now they have exactly the opposite
viewpoint they had a year ago. The most recent opinion says that they cannot
be prohibited, but if there is good cause they could be prohibrted from
the streets.
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REGULAR COUNCIL MEETING OF JANUARY 4� 1971
PAGE 3
The Acting City Manager saa.d that he had 7ust received a report today �
from the Attorney General's offa.ce on what can and cannot be done, but he
has not had sufficient opportunity to look it over.
Councilman Liebl saa.d that because of the urging of the strong petition,
something should be done that would put teeth into the Ordinance. He
questioned how can you clock the speed of a snowmobile_ The Ordinance should
put forth where they are allowed and at what tunes. Then this should be
fully explained in the newspaper. The memo from the City Attorney
explains what Anoka County and Ramsey County are trying to do. This was
previously regulated by the State Legislature. The Director of Parks and
Recreation has laid out areas in the parks where snowmobiles can run.
He said that he received calls from people in the Second Ward complaining
of snowmobiles running right beside a sliding hill wheze small children
were playing. This would constitute a hazard. He said that the City
would have to depend on voluntary compliance o£ the people. He pointed out
that there is no speedometer on a snowmobile.
Mrs. Holm said that the noise is also very bad. She said that they should
not be allowed to drive on the stre�ts. Streets were made for cars.
Councilman Harris suggested that since the Acting City Manager has
received new information that the Council ask the Administration and legal
staff to review and indicate any changes based on the new information now
available, Councilman Breider said that there was also the problems of �
enforcement. Ae suggested that while the Administration was reviewing it,
the Police Department could offer thea.r comments on en£orcement.
MOTION by Councilman Harris to adopt the Ordinance on first reading and
waive the reading, with the understanding that this is a preliminary draft
only and will be finalized before the second reading. Seconded by Council-
man Breider.
Councilman Harris said that he thought that Section 3, Subdivision 8 would
need some clarification as to enforcement.
Councilman Sreider suggested that perhaps the answer would be to change the
law so that a person would have to have a drivexs license as with a car.
He said that he would like the recommendations of the Police Department.
Mr. Carl Paulson said that it seemed to be the concensus o£ apinion that it
would be a difficult ordinance to enforce, for example the matter of speed.
How would a squad car get close enough to clock a snowmobile. If the
Ordinance disallowed them on the streets then it would be enforceable. This
is a pleasure vehicle and should not be allowed to be used promiscuously.
The lrttle children must be protected. Councilman Sheridan said that perhaps
they should be considered like a minibike. They are not a legal vehicle for
driving on the streets. If minibikes can be banned from City streets, maybe
the same should be done with snowmobiles.
THE VOTE upon the motion, being a voice vote, all voting aye, Mayor Kirkham '
declared the motion carried unanimously.
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REGULAR COUNCIL MEETING OF JANUARY 4� 1971 PAGE 4
� CONSIDERATION OF MEMORANDUM FROM CITY MANAGER REGARDING HOLSDAYS FOR POLTCE
DEPARTMENT:
Councilman Liebl said that his understanding of the intent of the Council
was that only the 40 hour a week employees would be getting the one half
day before Christmas and New Years off. The rest of the Council concurred
that this was the intent.
MOTION by Councilman Liebl to receive the communication from the Acting
City Manager dated December 31, 1970 and concur. Seconded by Councilman
Sheridan. Upon a voice vote, all voting aye, Mayor Kirkham declared the
motion carried unanimously.
ADMINISTRATION OF OATH OF OFFICE:
Mayor Kirkham read the Certificate of Appreciation aloud that was prepared for
outgoing Councilman Raymond Sheridan, and presented him with the plaque and
a gavel. Outgoing Councilman Shendan said that it has been a pleasure
working with the present and past Councils, and that it has been an
en�oyable experience. He said that he hoped that he had offered his con-
tribution to the well being of the community.
The City Clerk, 4Qarvin C. Brunsell, then administered the oath of office to
the new Councilman of the Second Ward, Robert Kelshaw.
, Councilman Liebl said that he has worked with many people from Councilman
Sheridan's ward. While the City of Fridley was growing, Councilman Sheridan
gave many hours at this Council table. He said as a fellow Councilman, he
has gained respect for him as a man and as a Christian, and his good
wishes go with him.
VISITORS.
Mr. M.M. Mahur�n: Status of Ta�c Exempt Propextyc
Mr. M.M. Mahurin read a prepared statement and presented it to Maycr Kirkham.
He felt that there was an area needing investigation in the status of tax
exempt properta.es. During the last 40 - 50 years many properti�s have
escaped taxation. You would find in Minneapolis that � of the property is
tax exempt, yet practically all of it is devoted to income producing
businesses. What is needed is a uniform plan for determining these ex-
emptions.
Mayor Kirkham asked Mr. Mahurin is he was suggesting a commrttee that would
search for lands qualifying for tax exem}�tion. One possible source of
revenue would be the water plants. Nlr. Mahurin agreed the water utilities
are not taxed and could qualify. Mayor Kirkham said that his idea was worth
investigating.
, Councilman Harris did not think it proper for a commrttee to be going through
the Assessor's files and suggested that it could be headed by the Assessor
and he would do the work with the files. Mr. Mahurin said that there could
be some delicate situations such as some church property that is converted
into rental property. Committee support could elima.nate situata.ons such as
that. Mayor Kirkham said that the committee could come up with ideas and
work through the Assessor.
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REGULAR COUNCIL MEETING OF JANUARY 4, 1971 PAGE 5
The Acting City Manager said that this was a good idea but his understanding '
of the Constitutional amendment was that it was for the purpose of giving the
State Legislature the authority to set guidelines on what should be exempt
and what should be taxed, The Legislature is to lay down guidelines.
Mr. Mahurin said that then the committee could approaah the Legislature
through lobbying. Counczlman Harris said that his understanding was that
of the Acting Ca.ty Manager. The municipality cannot arbitrarily put lands
back on the tax rolls, but there may be certain things they want to convey to
the Legislature. The City cannot put lands back on the ta�c rolls at our
own volition. Mr. Mahurxn said that the a.ntent is to try to help change
the law.
MOTION by Councilman Breider to receive the communication from Mr. M.M.
Mahurin. Seconded by Councilman Liebl. Upon a voice vote, a11 voting aye,
Mayor Kirkham declared the motion carried unanimously.
Councilman Kelshaw said that he would volunteer to work wa.th the City
Assessor. He felt, nothing ventured, nothing gained.
RECEIVING RESIGNATION OF CITY ATTORNEY AND APPOINTING NEW CTTY ATTORNEY:
Mayor Kirkham said that the Council has received the resignation of Leonard
Juster as City Attorney.
MOTION by Councilman Harris to receive the resignation from Leonard Juster '
dated December 30, 1970. Seconded by Councilman Kelshaw.
Councilman Liebl asked that the Mayor read the letter aloud, which he dici.
Councilman Liebl said that the ma7ority of the Counca.l chose the new City
Attorney which is their right, and he had been in the minority. He said
that he had no ax to grind when Leonard Juster was appointed, but 1t was
still his feeling that it is better to have an attorney that does not live in
the City as then he can have no confla.ct of interest and cannot be pressured
and would render his opinions purely on the issue at stake. He said that he
wanted to thank Leonard Juster for being a non partisan individual , and
he has heard no one say anything to the contrary. He said that he wished to
thank publicly Mr. Juster £or his help wa.th the Flag Ordinance, and he hoped
that the new City Attorney would not have to defend it. He felt Mr.
Juster did a fine �ob and helped to straighten out areas in the Police
Department. He hoped there would be the same type o£ cooperation when N1r.
Virgil fIerrick takes over. He said that he hated to see changes in legal
counsel, and he accepted this resignation with regret.
THE VOTE upon the motion, being a voice vote, Kirkham, Harris, and Kelshaw
voting aye, Liebl and Breider voting nay, Mayor Kirkham declared the motion
carried.
MOTION by Councilman Harris to appoint Mr. Virgil Herrick as City Attorney.
He said that Mr. Herrick has served for over four years with distinction and
dedication, and he welcomed him back. James Gibbs would then be C.�ty '
Prosecutor. Seconded by Councilman Kelshaw. Upon a voice vote, ICirkham,
Harris, and Kelshaw voting aye, Liebl and Breider voting nay, Mayor Kirkham
declared the motion carried.
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REGULAR COUNCIL MEETING OF JANUARY 4, 1971
PAGE 6
� Mr. Virgil Herrick said that he has been in this position before, and that
he understood the opinions of the minority. He fully realized that two of
the members would rathex have his predecessor. He said that if anyone
wanted the service of his office, they would be welcome to stop in and
request it. He said that Mr. Juster's firm and his have always gotten
along fine and he has already talked to Mr. Juster about the transfer of
files etc.
Councilman Kelshaw said that Councilman Liebl alluded to his being in the
minority and Councilman Kelshaw then being in the ma�ority. He said that he
wanted to go on record and he wanted it understood that he would be voting on
issues as they come up as the dictates of his heart and the wishes of his
people prescribe. He said that he wanted that clearly understood right now.
He said Councilman Lieb1 and he may be in the ma�ority on some issues. He
felt that Leonard Juster has done a fine job as City Attorney, but Virgil
Herrick has now been pa.cked. He said that he had to cast a vote and he
voted for Virgil Herrick. One of his prime reasons was thati he was a
resident of the City of Fridley, and he felt opposite from what Councilman
Liebl voiced. He felt that he has to live with the people of his ward and
the City Attorney will have to live with his own people within the City.
RESOLUTION #1-1971 - A RESOLUTION NAMING DEPOSITORY FOR THE YEAR 1971 AND
DESIGNATING AUTHORIZED SIGNATURES FOR THE CITY OF FRIDLEY:
' MOTION by Councilman HaYris to adopt Resolution �'1-1971. Seconded by
Councilman Breider. Upon a voice vote, all voting aye, Mayor Kirkham
declared the motion carried unanimously.
RESOLUTION #2-1971 - A RESOLUTSON DESIGNATING A LEGAL NEWSPAPER:
AND
RECEIVING LETTER FROM SUN NEWSPAPER5:
MOTION by Counci7man Harris to adopt Resolution #2-1971, naming the Fridley
Sun as the legal newspaper. Seconded by Councilman Breider. Upon a voa.ce
vote, all voting aye, Mayor Kirkham declared the motion carried unanimously
MOTION by Councilman Breider to receive the communication fxom the Fxidley
Sun dated December 16, 1970. Seconded by Councilman Harris. Upon a voice
vote, all voting aye, Mayor Kirkham declared the motion carried unanimously.
RESOLUTIGN �3-1971 - A RESOLUTION DESIGNATING TIME AND NUNiBER OF REGULAR
COUNCIL MEETINGS:
Mayor Kirkham said that he would like to continue as previously and have the
first and third Mondays for Regular Council Meetings and the second Monday
for Publa.c Hearings as necessary. He would like to continue to meet at
7:30 P.M.
' MOTION by Councilman Breider to adopt Resoluta.on '�3-1971, setting the time
and number of ineetings as the Mayor ouilined. Seconded by Councilman Liebl.
Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried
unanimously.
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REGULAR COUNCIL MEETING OF JANUARY 4, 1971 PAGE 7
Board of Appeals•
MOTION by Councilman Kelshaw to appoint Richard Har�u, 515 57th Place N.E.
to the vacancy of Mike O'Bannon. Seconded by Councilman Liebl. Upon a voice '
Vote, al1 ayes, Mayor Kirkham declared the motion carried unanimously.
Plats and Subdivisions - Streets and Utilities Subcommittee�
MOTION by Councilman Liebl to reappoint George Meissner, 376 Mississippi
Street N.E. and appoint Phil Engdahl, 5897 Washington Street N.E. to the
vacancy of Robert E. Kelshaw and Robert M. Pierce, 6D9 Bennett Drive N.E. to
the vacancy created by moving George Zeglen to Building Standards -
Design Control. The motion was seconded and upon a voice vote, a].1
voting aye, Mayor Kirkham declared the motion carried unanimously.
Building Standards - Design Control Subcommittee:
MOTION by Councilman Kelshaw to appoint George Zeglen, S41 Rice Creek
Terrace as Chairman of the Building Standards - Design Control to the
vacancy of Ra.chard Harra.s; reappoint Tony Gnerre, 1202 Hathaway Lane;
Robert White, 7380 Concerto Curve and William R, Tonco, 5925 Hackmann
Avenue The appointment was also made of Hubert Lindl�lad, 160 Crown Road
to the vacancy of Frank Hart. Seconded by Councilman Liebl. Upon a voice
vote, all voting aye, Mayor Kirkham declared the motion carried unanimously.
Parks and Recreation Commission:
MOTION by Councilman Harris to appoint Harvey Wagar, 5940 5tinson Boulevard
to the vacancy of Clifford Ash and Gaxy Stimmler, 7841 Alden Way N.E. to '
the vacancy of Alex Novitsky. Seconded by Councilman Breider. Tlpon a voice
vote, all voting aye, Mayor Kirkham declared the motion carried unanimously.
Police Commission:
MOTION by Councilman Kelshaw to reappoint Robert I-Iynes, 665 57th Place N.E.
Seconded by Councilman Liebl. Upon a voice vote, all voting aye, Mayor
Kirkham declared the motion carried unanimously.
CONSIDERATION OF APPOINTMENT OF N.S.S.S.D. SERVICE AREA REPRESENTATIVE:
MOTION by Councilman Harris to appoint Councilman Robert Kelshaw.
Seconded by Councilman Liebl. Upon a voice vote, all voting aye, Nlayor
Kirkham declared the motion ❑arried unanunously.
CONSIDERATION OF APPOINTMENT TO ANOKA COUNTY SOINT LAW ENFORCEMENT COUNCIL:
MOTION by Councilman Liebl to appoint Councilman Breider representative
with Councilman Kelshaw as alternate. Seconded by Counci.lman Harris. Upon
a voice vote, all voting aye, Mayor Kirkham declared the motion carried
unanimously.
RE50LUTION #4-1971 - A RESOLUTION DESIGNATING DIRECTOR AND ALTERNATE
DIRECTOR TO SUBURBAN RATE AUTHORITY:
MOTION by Councilman Harris to appoint Councilman Breidex as Director and '
Councilman Liebl as Alternate. Seconded by Councilman Kelshaw. Upon a
voice vote, all voting aye, Mayor Kirkham declared the motion carried
unanimously .
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REGULAR COUNCIL MEETING OF SANUARY 4, 1971
PAGE 8
DISCUSSION REGARDING REQUEST TO OPERATE A FLEA MARKET ON SUNDAYS FROM 11:D0
A.M TO 6:00 P.M. REQUESTED SY CYRIL LINK:
The City Engineer said that the letter recea.ved from Mr. Link is to be
found in the Council Agenda. He recommended that the hours be from 12:00
Noon to 6:00 P M, to alleviate the parking problems. She Post Office would
then be closed on Saturdays. It was agreed by the Council that the hours
should be 12.00 Noon to 6:00 both Satuxday and Sunday_
MOTION by Councilman Liebl to approve the flea market requested by Cyril
Link. Seconded by Councilman Harris for discussion.
Councilman Harris said that he felt that the hours should be from Noon
to 6:00 P.M. on Sunday to conform with the hours of the other stores that
are open within the City. Mr. Cyril Link said that this would be no
problem. They meant to star� selling at Noon, but would be open at 11�00
A.M. to recea.ve the merchandise.
THE VOTE upon the mota.on, being a voice vote, all voting aye, Mayor Kirkham
declared the motion carried unanimously.
DISCUSSION REGARDING WAIVER OF BOND FOR STREET CONSTRUCTION AND RELEASE OF
MONEY FOR UTILITIES IMPROVEMENT IN HEATHER HILLS. REQUESTED BY MIKE
O'BANNON:
CouncLlman Harris said that the request is for release of money without a
cash amount in escrow or a bond. He suggest�d that this be turned ovex to
the Crty Attorney to see if the City could accept written assurance only
from Mr. O'Bannon, without a bond. The City Engineer said that the money
now 'r�eing held is fox water and se�ser construction which has been completed.
For the streets, S4r. O'Sannon is proposing that the City accept the letter
signed with Concrete Specialties in lieu of a bond.
MOTION by Councilman Harris to turn this ovex to tlae City Attorney to see
if the City would have enough security. Seconded by Councilman Kelshaw.
Upon a voice vote, all voting aye, Mayor Kirkham declared the motion
carried unanimously.
DISCUSSI�N REGARDING AMERICAN LEGION REQUEST TO DELAY IN PROVIDING CERTAIN
ITEMS REQUIRED BY THE CITY CODE.
The City Engineer handed out a list of items that are to be completed by the
American Legion for compliance to the Code. The starred items are those
items that the Legion would like to delay because of funds. They are
yenerally in the area of fa.re protection. Mayor Kirkham said that he
understood that they were broke and are still trying to operate. They do
not have the funds like a business operation would. He suggested that if a
delay is autharized, it should be with the approval of the F�.re Marshall.
The City Engineer said that if this was a business, and not a service
organization, it would be automatically denied. Councilman Liebl said that
they did not want a permanent waiver, 7ust a delay.
The City Attorney said that he did not believe that he wauld recommend
approval. If they had a fire, it could be determa.ned that they did not
take adequate safety precautions. He suggested that the Council meet with
them to try to find a way that the work could be done It was pointed out
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REGULAR COUNCIL MEETING OF JANUARY 4� 1971
PAGE 9
that they are doing the labor themselves to cut down on the cost and their
expense would 7ust be the materials. The City Attorney suggested that they
may be able to get credit from the local lumber company for thea.r materials.
MOTION by Councilman Harris to receive the communication £rom the American
Legion and deny their request £or an occupancy permit untal those items are
taken care of to the satisfaction of the City Inspectors. Seconded by
Councilman Breider. Upon a voice vote, all voting aye, Mayor Kirkham
declared the motion carried unanimously
Councilman Harris asked that the Administration direct a letter to them
offering any assistance possible for resolving their problems.
AWARDING OF BID FOR ONE ELECTRONIC ACCOUNTING MACHSNE. (Bids Opened
December 31, 1970 at 9:30 A.M.)
There was only one ba.d submitted.
MOTION by Councilman Harris to award the bid to National Cash Register
Company in the amount of $12,192.17 for one NCR 400-729-100-20A-9.
Seconded by Councilman Liebl. Upon a voice vote, all voting aye, Mayor
Kirkham declared the motion mrried unanimously.
DISCUSSION REGARDING CHANGE ORDER #1 FOR PROJECT �95-B AND OTHER ITEMS:
The City Engineer said that the Parks Department has indicated a desire for
lighting at the Locke Park well house and warming house. The lighting would
be similar to that at Commons Park and would cost about $4,000. The
question is how is the money to be provided. The advantage of doing the
work now would be that there is already a contractor working on the job and
it could �ust be added on, He would like some direction from the Council
and if the Council is affirmative, he would come back with a Change Order.
The Park Department feels that the lighting is needed. Thexe is another
area he would like a Council determination. There a.s stone £acia on three
sides of the building to conform with the Columbia lce Arena and there have
been wmments that the building looks unfinished and he wondered if the
Council desired to have the fourth side completed at a cost of $4,189. The
lighting would be for the warming house facila.ty and a hockey rink in the
winter and a softball field in the summer. This lighting project would be
to provide the power by having the transformer on the ground instead of on the
pole, and the addition of some light poles. The controls would then be
inside the building. To provide the additional physical Iighting would be
another thousand. Councilman Harris asked how is power supplied now. The
Crty Engineer said that there is a transformer on a pole. With this Change
Order the controls would be insxde the building. Councilman Harris felt that
it shou3d be done. The facility cannot be used fully unless there is
lighting.
Councilman Lzebl asked if it would be lighting for a tootball field so it
could be used in the evenings. He felt that there was a need for another
football field as every year the number of football players increase. It
was pointed out that this lighting would not be sufficient for a football
field.
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REGULAR COUNCIL MEETING OP JANUARY 4� 1971
PAGE 10
� The City Enqineer summarized by saying that the buildxng cost about $12,000,
by adding the stone facia would add a cost of about $4,000 and the liqhting
would be another $4,000. The Acting City Manager said that the Parks
Depax'tment did not have the full $12,000 in their budget, but that it would
be paid back a.n three yeaxs. Councilman Breider said that before he could
vote he would like to know where the money was coming from. If something
has to be cut from the Parks budget, he would like to know what it was.
The Acting City Manager said that perhaps the money could come from the
emergency fund.
Councilman Breider said that he would like to have this laid over until
next week to allow the Parks Director and the Actinq City Manager to work
out the money appropriations.
Mr. Richard Harris asked how many squaxe feet of the stone facia would be
obtained for the $4,000. The City Engineer said a little less than lOD
square feet. 5tone facia is very expensive. Mr. Harxis wondered where the
money would be coming from and felt that this expenditure would be ridiculous.
The City Engineer said that this is the cost given him by the contractar.
Councilman Harris wondered if it would not be better to see what some other
contractor could do it for. $4,000 is very expensive. The City Engineer
said that the lighting costs are a good price. He has had experience with
the same contractor and he felt that the cost was leqitimate. As far as the
stone facia is concerned he said that this is also an accurate pxice.
, Councilman Haxris sazd that he first drew the attention of the City Engineer
to the possibility of putting on the stone facia on the fourth side. He
had heard from a number of people that the building did not look finished.
He did not feel that it should be done considering the cost, and that $4,000
could be put to better use somewhere else. He felt that it was a shame that
this was missed on the original prints. It could have perhaps been done
cheaper if it was part of the oriqinal plan_ He felt that the lighting
was needed and asked that the Administration come back wa.th plans for
funding.
CONSIDERATION OF CITY ATTORNEY'S REPORT ON INSURAIQCE:
The Acting City Manager said that iL was the City Attarney's feeling that the
City should carry the liqubr liability. The City has had the liquor
liability in the past.
MOTION by Councilman Liebl to rece�ve the communication from Leonard
Juster date3 Deceml�er 31, 1970 and concur with his recommendation.
Seconded by Councilman Harris.
Councilman Harris asked if this was a two year premium. The Acting CiEy
Manager said that it was three years. Councilman Harris said that at the
end o£ the next Legislative session the contract should be seviewed before
the expiration o£ the contract. Councilman Liebl pointed oct cl-�i the
' ,��=i-rance consultant had advised gettiny t.he liquor liability insurance.
THE VOTE upon the motion, being a voice vote, all voting aye, Mayor Kirkham
declared the motion carried unanimously.
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REGULAR COUNCIL MEETING OF JANUARY 4, 1971 PAGE 11
WNSIDERATION OF REQIIEST TO USE MADSEN PARK PROPERTY FOR CONSTRUCTION OF ,
SWIMMING POOL AT 7373 M�MORY LANE: (REQUEST BY MR. & MRS. DICK WALDSTEIN):
The Acting Crty Manager explained that Mr. Waldstein is planning to build
a swimming pool in his back yard and would have to bring in the equipment
over Madsen Park. Councilman Harris said that the equipment used should be
amply insured in case of an in7ury. The Acting City Manager said that the
City could get a copy of the liability insuxance to keep on file.
MOTION by Councilman Liebl to approve use of the Madsen Park property for
bringing in the equipment to 7373 Memory Lane to build a swimming pool subject
to the recommendations of the Parks Director as Zaid out a.n the January
4, 1971 Agenda, and sub�ect to a copy of the liability insurance of the
contractor being received by the City. The motion was seconded.
Mr. Shck Waldstein said that he had another request that he would like the
Council to consider. He would like to put in a double gate in his back yard
fence to allow him to bring in a boat across Madsen Park to get it into
his back yard. He said that he does not have a boat now, but he would like
to get one within a year. He said that he could not get to his back yard
from the street.
Councilman Harris said that personally he would have no ob�ection, but he
felt that this would be setting a bad precident. If this is allowed here,
there could be other requests, and soon people would be using the park at the ,
end of every weekend to bring in their campers, etc. If permission is given
here, permission would have to be given to all. Councilman Breider said that
he would have to agree. Councilman Kelshaw wondered if there would not be
ruts made when the spring thaw comes. It was agreed by the Council that to
allow the double gate and access across Madsen Park for boats, campers,
etc. would be setting a bad precident.
UPON THE MOTION, being a voice vote, all voting aye, Mayor Ka.rkham declared
the motion carried unanimously.
CONSIDERATION OF R�SOLUTION SETTING SEWER CHAAGES EFFECTIVE JANUARY 1, 1971:
MOTION by Councilman Harris to table this item. The motlon was seconded and
upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried
unanimously.
RESOLUTION #5-1971 - A RESOLUTION TRZaNSFERRING FUNDS FROM THE 1969-3 STREET
IMPROVEMENT PROSECT TO THE GENERAL FUN➢:
The City Engineer said that some of the funds came from the General Fund
and are now to be put back. The Acting City Manager said that this transfer
was made before it was known how much would be coming from the Federal
Government. The people were assessed for street surfacing only, not for the
extra costs, such as for easements. Councilman Breider asked if this money
could be used for the Locke Park lighting. The Acting City Manager said that ,
first it should be put back into the General Fund to keep the bookkeeping
straight.
MOTION by Councilman Breider to adopt Resolution #5-1971. Seconded by
Councilman Harris. Upon a voice vote, all voting aye, Mayor Kirkham
declared the motion carried unanimously.
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REGULAR COUNCIL MEETING OF JANUARY 4, 1971
PAGE 12
CONSIDERATION OF FIRE DEPARTMENT PAYROLL JUN� 17, 1970 TFIROUGH DECEMBER
17, 1970:
MOTION by Councilman Harris to approve the Fire Department payroll.
Seconded by Councilman Liebl. Upon a voice vote, all voting aye, Mayor
Ki.rkham declared the motion carried unanimously.
APPOINTMENTS: POLICE DEPARTMENT:
Name Position
Thomas Sauer Patrolman
5189 Horizon Drive N.E.
Fridley, Minnesota 55432
Salary
$767 per month
Replaces
Ronald Allard
Robert J. Blosky Dispatcher $701 per month Thomas Sauer
3D5 76th Avenue N.E.
Fridley, Minnesota
(Effective January 5, 1971)
MOTION by Councilman Liebl to concur in the appointments as recommended by
the Chief of Police and the Acting City Manager. Seconded by Councilman
Breider. Upon a voice vote, all voting aye, Mayor Ka.rkham declared the
motion carried unan�mously.
CLAIMS.
MOTION by Councilman Breider to approve payment of General Claims '�23960
through #24106 and Liquor Claims #5125 through #5163. The motion was
seconded and upon a voice vote, all voting aye, Mayor Kirkham declared the
motion carried unanimously.
LICENSES:
Mr. William Bennett (Red Cab Company) said that he has had his cabs safety
checked and wou13 have the certificates in to the City in the A.M. when he
picks up his license.
Food Establishment:
Shar's Snack Bar
Skywood Mall
52nd & Central
Fridley, Minn.
Taxicab
Red Cab Company
6235 University Avenue
Fridley, Minnesota
Multiple Dwelling
William Shaw Jr.
7400 Lyric Lane
Fridley, Minn.
By Sharlene Clochie
By: William Bennett
Address
7400 Lyric Lane NE
Units
Es3
Approved By
Health Inspector
Fee
Slo.00
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REGULAR COUNCIL MEETING OF JANUARY 4, 1971
LICENSES CONTINUED.
General Contractor
Berglund-Johnson Inc.
P.0 Box D 351 2nd St.
Excelsior, Minnesota
Masonry
Barry B7ugstad
5511 Quincy Street
New Brighton, Minnesota
Sign Erector
By: Arthur B. Johnson
By: Barry B�ugstad
National Advertising Company
6850 South Harlem
Argo, I1linois By: D.W. Torgerson
Seven Up Bottling Company
3612 East 44th Street
Minneapolis, Minnesota By: Frank Zondlo
PAGE 13
Approved By
Building Inspector
Build�ng Inspector
Building Inspector
Bualding Inspector
Signcrafters, Inc,
13 77th Way N.E.
Fridley, Minnesota By: James J. Stafford Building Inspector
MOTION by Councilman Liebl to approve the licenses including the Red Cab
Company. Seconded by Councilman Harris.
Councilman Kelshaw said that he would like to register a complaint against
Shar's Snack Bar in Skywood Mall. He thought that there was a question
of a proper exhaust fan. He said that the tenants have had complaints of the
odors eminating from the Snack Bar going all through the building and thought
that there was not proper ventilation. The Czty Engineer said that this has
been checked by the Health Inspector. Councilman Kelshaw said that he
believed that the day it was inspected they were not in operation, and so
he would not have noticed the lack of ventilation.
MOTION AMENDED by Councilman Liebl to exclude Shar's Snack Bar in Skywood
Mall and ask the Health Inspector to check this out. Seconded by Councilman
Harris. IIpon a voice vote, all voting aye, Mayor Kirkham declared the
motion carried unanimously.
ESTIMATES:
Comstock & Davis, Inc.
Consulting Engineers
1446 County Road "J"
Minneapolis, Minnesota 55432
Repair of storm sewer on 73rd Z�venue, Central Avenue to T.H.
k65. Pro�ect St. 1969-2 $ 345.84
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REGULAR COUNCIL MEETING OF JANUARY 4, 1971
ESTIMATES CONTINUED:
Storm Sewer - Osborne & 47th. Pro7ect SS 101
Sanitary Sewer Study - Acres Inc. Area
Utility Review for Unity Hospital
Metro Sewer Con£erence
Flouridation Ecjuipment
Checking Existing Well Praductions
Storm Sewer Repairs - 75th Avenue, Central to Stinson
Locke Lake Dam Investigation
High School Dist. No. 14 - Drainage Reva.ew & Redesign
PAGE 14
$ 293.94
314.44
66.40
66.40
65.60
224.68
958.19
317_14
75.00
MOTSON by Councilman Harris to approve payment of the estimates as presented.
Seconded by Councilman Liebl. Upon a voice vote, all voting aye, Mayor
Kirkham declared the motion caxried unanimously.
RECEIVING PETITION N0. 1-1971 - REQUESTTNG ftIGHER FENCES TO PROTECT THE T-If]MES
AROUND SiIMMIT SQUARE AND REGULATING HOURS FOR THE OLDER CHILDREN TO PLAY
HOCl<EY
MOTION by Councilman La.ebl to receive Petition No. 1-1971. Seconded by
Councilman Kelshaw. Upon a voice vote, all voting aye, Mayor Kirkham
declared the motion carried unanimously.
AA70URNMENT •
MOTION by Councilman Harris to ad7ourn the Meeting. Seconded by Councilman
Liebl. Upon a voice vote, all voting aye, Mayor Kirkham declared the
Regular Council Meeting of January 4, 1971 ad�ourned at 10:00 P.M.
RespectEully submitted,
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Suel Mercer
Secretary to the City Council
JacY. O. Kirkham
Mayor
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