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08/02/1971 - 00017992_���`� � THE MIN[7TES OF THE REGULAR COUNCIL MEETING OF AUGUST 2, 1971 PLEDGE OF ALLEGIANCE: Mayor Kirkham led the Council and the audience in saying the Pledge of Allegiance to the Flag. INVOCATION: The Invocation was offered by Reverend Bergren, Redeemer Lutheran Church. Mayor Kirkham called the Regular Council Meeting of August 2, 1971 to order at 7:45 P.M. ROLL CALL: MEMBERS PRESENT: Kirkham, Liebl, Harris, Bxeider, Kelshaw MEMBERS ABSENT: None APPROVAL OF THE MINUTES OF THE REGULAR COUNCIL MEETING OF JULY 12, 1971: MOTION by Councilman Harris to adopt the Minutes of the Regular Council Meeting of July 12, 1971 as presented. Seconded by Counciln�an Kelshaw. Upon a voice � vote, all voting aye, Mayor Kirkham declared the motion carried unanimously. APPROVAL OF THE MINUTES OF THE REGULAR COUNCIL MEETING OP SULY 19. 1971: MOTION by Councilman Kelshaw to adopt the Minutes of the Regular Council Meeting of July 19, 1971 as presented. Seconded by Councilman Breider. Upon a voice vote, all ayes, Mayor Kirkham declared the motion carried unanimously. �OPTION OF AGENDA; Mayor Kirkham said there was one a.tem to add as follows, and would be 27A: Resolution requesting the Minnesota Highway Department to install traffic signals at the intersection of T.H. #47 (University Avenue) and 69th Avenue. MOTION by Councilman Liebl to adopt the Agenda as amendecl. Seconded by Councilman Kelshaw. Upon a voice vote, all ayes, Mayor Kirkham declared the motion carried unanimously. VISISORS: Mr. Walter Galay, 5329 Sth Street N.E., Alley from 53rd to 54th Avenue Between Sth St. and 6th 5t. � Mr. Galay asked what was going to be done about his problem with the alley. Councilman Liebl said that he and the City Manager went down there and inspected the alley and he would assure NLr. Galay that rt would be graded and stabilized. Mr. Galay asked if the alley would not be opened out to the north end. The City Manager said that he had reviewed Mr. Galay's situation '�1�) REGULAR COUNCIL MEETING OF AUGUST 2, 1971 PAGE 2 with the City Engineer and found that at the time of the hearing the majority � of the people did not want the alley opened. The City Engineer added that the improvement of the alley was taken out of the pro7ect in response to the people's wishes. Mr. Galay said that he could not af£ord to lose time from work because he could not get out the alley. Councilman Liebl said that he was fully aware of this problem. For 3'� years the Council tried to open this alley, but the people were opposed to this, so the Council concurred with the wishes of the people. He said that he believed that when Sth Street was put in, curb cuts were left so that he could get to his garage from Sth Street. Mr. Galay said that the grade is too steep to get his car in. Council,[t]an Liebl assured him that stabilizing the alley would be taken care oP, ANNOUNCEMENT REGARDING VIKING CHEVROLET: Mayor Kirkham announced that �t the request o£ the attorney for Viking Chevrolet, this item is to be tabled to the Meeting of August 16, 1971. DISCUSSION REGARDING TAX BILL UNDER CONSIDERATION BY STATE LEGISLATURE: Mayor Kirkham said he was sure the rest of the Council appreciated his concern in regard to the proposed tax bill and this is why he asked for the information furnished by the Administration. This tax bill would strangle communities such as Fridley. He felt a telegram should be sent to the Governor asking him to veto the bill. Part of this bill concerns the property tax freeze which would make it unpossible to operate. He suggested that this wire should be sent right now, if the rest of the Council concurred. Councilman Liebl � said he understood that this bill would provide for no lunit on school districts, but it would on municipalities. Maynr Kixkham said yes, all governmental bodies depend on real estate taxes� but the municipalities would be frozen, the schools would not. Municipal qovernments depend on real estate taxes to operate the City. It also does not provide for the cost of living spiral, for instance to replace the Crty Hall .uicinerator would cost about 28o more now than what was spent originally. Equipment costs are going up faster than property taxes. Municipalities must provide responsive govern- ment to the voters and the money spent is spent in response to voters wishes. To saddle municipal governments with this freeze would make it impossible to operate, and he would entertain a motion to ask the Governor to veto the bill. MOTION by Councilman Kelshaw to instruct that a telegram be sent to the Governor asking for a veto on the proposed tax bill. Seconded by Councilman Liebl. Councilman Liebl said that he felt under the present bill as proposed it does not give enough property tax relief to home owners. They would like to see some property tax relief. Mayor Ka.rkham said that he thought that When they ask for property tax relief, they really want relief from taxes, but this bill would increase income taxes and they would end up paying more in the end. THE VOTE upon the motion, being a voice vote, all ayes, Mayor Kirkham declared � the motion carried unanunously. ��� REGULAR COUNCIL MEETING OF AUGU5T 2, 1971 PAGE 3 � FIRST READING OF AN ORDINANCE AMENDING CHAPTERS 1.02 AND i.03 OF THE CITY CODE RELATING TO WARD AND PRECINCT BOUNDARIES WITHIN TFLE CITY: Councilman Breider asked that the Council excuse him for being unprepared at the last meeting and thanked them for giving him the opportunity oE speaking tonight before consideration of the proposed Ordinance. He said he could not take complete credit fox the plan he was presenting because it is an exact replica of the one presented by the Adminzstration. He suggested in talking of the plans, for identification, they call them Aaxxis' plan and Breider's plan. Concerning the one man one vote rule with an allowed lo deviation, after some retahulation by the Administration to correct some errors made, both plans meet the rule set by the Supreme Court. He pointed out under the Breider plan Ward One would be in one Legislative District, using the re- districting plan as proposed, and under the xarris plan rt would be in two districts. � � Councilman Kelshaw said that under the Breider plan Ward Three would be in two Legislative Districts. Councilman Breidex continued that concerning Councilman Harris' comment in regard to economic balance, he assumed he was talking of earning power of the people. If this is what he meant, both plans would meet that criteria. Councilman Harris' thi�d point was growth potential. He felt that what Councilman Harris stated was not entirely true as the only area in Ward One under the Harris proposal foz growth would be the Rtedel property. Also under the Harris proposal in Ward Three are both the apartments off 79th and East River Road and the Georgetown apartments. Councilman Kelshaw's ward would increase substantially because of the development of Peck's Woods. Under the Bxeidex plan the apaxtments off 79th would be in Ward One, the Georgetowns would be in Ward Three and in Ward Two would be some recently rezoned property to be developed. He felt this would typify growth potential better than the Harris plan. As to his point regarding the natural topography this would be true of both plans. As to his claim that the precincts would be nearly equal in size, he felt that would be questionable at this time. 2t is not known where the legislative boundaries will be and he would hate to have one precinct in two legislative districts. Ae felt a.t would behoove the Council to wait to structure the precincts until the legislative boundaries are set. When a man runs for public office he makes a contract with his people and it means that Ward Councilmen will represent his people. He pointed out that he, as Ward One Councilman, has worked with the people west of the railroad tracks and if the Harris plan were to go through, he would be placed in an embar- rassing posa.tion. He felt that the Bxeider plan better typifies true rep- resentation of the people. The Harris plan pui,s the Ward One Councilman in the section south of Mississippa. Street which he is not familiar with, and the Waxd Three Councilman in the position of having to get to know those people in the north end of Fridley. He felt there would be a lapse of t.une be£ore the Councilmen in theis respective wards could truly represent their people. He sugqested the be5t procedure would be to wait until the legislative district boundaries are set, but if the Council wishes to go ahead, he hoped they would consider the Sreider plan. Councilman Kelshaw asked where the Adr[unistration got their figures. The Finance Director said they have received the Federal census figures that are set out in larqe blocks, then the school census was used to break those figures down into smaller units. Councilman Kelshaw asked a.f this would meet the requirements _� � � REGULAR COUNCIL MEETING OF AUGUST 2, 1971 PAGE 4 and if this is an authorized source of in£ormation. The City Attorney said � the Federal census figures are an authorized source. He said Iie was not fami- liar with the procedure gone through with the school census, but he assumed it was the best information available. Councilman I3arris explained that he understood that when the �igures were transferred from the original map to the new one, there were some erxors made an the figures, but with the corrections made, he agreed with Councilman Breider, both plans meet the Supreme Court ruling. He added that the proposed legislative red.istricting shows Fradley in three different districts. He pointed out that Ward Two would be in three different legislative districts. He said the legislative redistricting was not a good thing for Fridley, but we may have to live with it, no matter how the ward bonndaries axe drawn. He said as he looks at the Brieder plan, in L7ard TI� ee, aside �rom the Georgetowns, there is very little room for .�esidential growth. I-Ie felt that with the Harris plan there is room for industrial, commercial and residential growth. He felt the problems dealing with topography are best served by the plan he presented. He added that the precincts should be ' nearly equal in size for voter convenience, and his plan has that feature. Councilman Breider said as to growth potential, the first consideration should be representatiorr of the people by population rather than a.ndustrial or commercial growth. He added that wYth the Harris proposal Ward Two would only have the Riedel property for growth. Councilman Harris said that there were scattered lots throughout the community that were not yet developed. He saw Ward One , continuing to grow toward the north, and possibly before the next census may outstrip the other wards. Mayor Kirkham said that both plans were worthy of consideration. The plan brought by the Administration was found to have some errors, this is what prompted them to try to come u,p with something else. The Council decided each man was to take the figures and try to draw up the boundary lines. Finally Councilman Harris prepared a proposal which showed a balance of population, which is the prime concern in reflistricting. Another important consideration is to try to avoid major redistricting in the future and to try to predict the population growth in certain areas, It 15 a matter of opinion which of the two plans best do this. He said the legislative redistricting cannot be considered at this time, because there are no firm boundaries set yet. If the currect plan in adopted, there would be problems in setting the precincts with either plan. He said Councilman Harris' comment on topography was good, and pointed to the problems of East River Road. When the City tries to resolve one problem on East River Road, it seems to have a chain reaction up and down the road, and he felt it would be an advantage to have it all in one ward. Councilman Sreider asked the Finance Director if xt would not cost more to have two legislative districts in one ward, The Finance Director said it would depend on whether there are more than 9 precincts. If there were more, it would cost more, There would be some expense in keeping the cards and some additional �udges. If the precincts are kept in one legislative district that ' would tend to keep costs lower. Councilman Breider asked how many prec�.ncts there are in the Harris plan. Councilman Aarris said three per ward, 7ust as there are now. .� � � REGULAR COUNCIL MEETING OF AUGUST 2, 1971 PAGE 5 � Counc.tlman Harrzs said it was a shame �ridley could not be unified into one legislative district. As proposed Fridley would have multi-representation in the Legislature. He added that there are also four school districts in Fridley. � � Councilman Breider said the Breider plan puts the people east of Central into Ward Two, which seems to be the natural way oE doing it. The Harxis proposal takes the people west of the tracks and puts them in Ward Three, and the Breider plan leaves them in Ward One. He said he tried to give people some- thing to identify to. Councilman Harra.s said that the comment was made about working in each Council- man's particular Ward, but this Council is made up of five votes and every man votes on every issue. Each man would sti11 have the same vote, no mattex where the lines are drawn. Councilman Breider said that he actually goes out and consults with his people in his Ward before coming to Council, and votes depending on how much communication he gets from his people. Each Councilman has a responsibility to represent the people of his ward. Councilman Harris said triat no matter where the lines are drawn, this would continue to be true. Councilman Liebl said that he has looked the Hasris plan over, and felt that it violates his own criteria. He has taken developed residential areas such as Sylvan Hills and the area north of Holly Shopping Center out of Ward Three and put it in Ward One. In these areas the streets etc. are all in and there have been assessments, and there are no further problems. In xeturn the Harris plan puts East River Road wi�th all the future assessments and problems in Ward Three. He said that as to East River Road he had wanted the hearing and wanted the peopl� to have theis say. He felt this plan would make it impossible to get the cooperation in Ward Shree with Wards One and Two. He indicated that he could not understand how Councilman Kelshaw could so quickly assess ihe Harris plan, decide it was a workable plan, and make his motion. He felt he should have taken time to consider whether this plan was good for Fridley, and allowed for a week of study. He said he would like to urge the people to generate a petition asking for a referendum, which they are entitled to under the Charter, to determine which plan the voters want. Councilman Breider's plan shares the probl.ems within the wards, and does not make a mockery of ward boundaries. He said he was shocked at the action of the Second Ward Chair. He had worked with ha.m to try to help solve problems within his ward. He suggested, to keep this a non-partisan issue, that the Mayor appoint two people to work on a committee to draw up a plan. He pointed out that the City has not yet received all the official census figures and the City has until next spring to resolve the boundaxy lines. Tha.s is why he did not work up a proposal of his own. He said both the Harris and Breider plan have good polnts, but why the hurry� Each Councilman should be given a chance to represent his people. If the Ordinance based on the Harris plan is voted on and p�sse3 tonight, the only alternative would be to place the proposals on a referendum. Councilman Kelshaw has stated that he would be an Independent and not be politically motivated. The three Ward Councilmen have to work together and share the common problems, but if the Third Ward Councilman has the entire East River Road problem, it would seriously handicap him. Councilman Kelshaw said that there have been some things on his mind, and perhaps now is a good tune to say them. He said since last August when he sat out in the audience, he had never heard a Councilman politzc so many times on so many issues. In the seven months he has been Second Ward Councilman he �� � -� REGULAR COUNCIL MEETING OF AUGUST 2� 1971 PAGE 6 has been around his ward many times and tomorrow nzght he has another meeting ' with the people in his ward. He said he did not have tutte to campaign. He said he was put in o£fice for three years and three years only and at the end of that time, if the people appreciate what he has done and should he f31e again, they will have the chance to say to him that they would like to have him represent them again. He said he was here to serve people, not a party, and he wanted that clearly understood. He said that Councilman Liebl has charged that he made a quick deczsion, but f'or six to eight weeks the Council looked at the Administration proposal, then he tried to draw up his own. Each Councilman was to work on his own plan. It seems that in "special session" one thing can be said and when the Council comes out here something entirely different will be said. He said he distinctly remembers hearing from two Councilman, "draw up what you want, its all right with me". Councilman Harris difl draw np a plan, it was looked at and discussed, then he accepted it, and made his motion. He told Councilman L.�ebl, as far as his working with him on his problems in Ward Two, he has also worked with some people in Ward Three and voted on issues concerning both Wards One and Three. He said he would serve the whole City, and he was not elected to consider only a boundary line. He said Councilman Liebl brought up political parties, when he ran he told people he was an Independent and it is true. He said he did not believe party affiliation has any place in City Government, You must stand up and be counted on individual issues on what you believe is best for the City and he serves Democrats, Republicans anfl Independents and will continue to do so for the next two years. Councilman Harris said the discussion has deviated from the business at hand, � but he must say, as to representation of the Wards by each Councilman, he is Councilman At Large and he receives calls from every Ward. Decisions are made at this Council table that affect each Ward and every man has a vote. Those decisions are based an what is best for the community. He said he would like to be remembered as serving everyone fairly and honestly. He said the area north of Holly Shoppzng Center that Councilman Liebl spoke of was in Ward One not too many years ago. Councilman Liebl has said "lets appoint a committee", but he said as he reads the Charter, it charges the Council with the job, not the Administration and not a committee. He said, because he took the time to draw up a p1an, and it was not to Councilman Liebl's liking, he is accusing him of being politically motivated. Mayor Kirkham said that the City is set up so that at least three Councilmen are forced to come from d�fferent parts of the community, but they still serve the whole City. A Councilman is not here �ust to serve his own Ward. The Council's goal is to make Fridley a better place to live. The only reason this came up is that the law dictates that it must be done. The Administration first brought in a proposal, but it did not meet the Supreme Court ruling. Council- man Iiarris is the only one that took the time to offer a suggestion although every man had the opportuna.ty. His plan has a very close population count between the Wards. He said he also would take offense at Councilman Liebl charging that zt was politically motivated, �ust because it does not agqree with what he wants. He pointed out that xn this year's election, if affects none of them. Councilman Liebl said to take all political connotations out of this item, the ' Admimstration plan would be the best, He said that the Ward Two people in Innsbruck and on Gardena Avenue know that the Ward Three Councilman helped them. � "� � J REGULAR COUNCIL MEETING OF AUGU5T 2, 1971 PAGE 7 � He told Counci]man Harris if he believed his plan was the best, then he should trust the �udgment of the people and not object to getting enough signatures £ox a referendum. Councilman Harris said tbat if there is to be a referendum on every issue that the Council is supposed to decide, there would be no need fox a Council, and there would only be a need for a City Manager. The Council has been elected to carry out the responsibilities of office. Mr. Richard Harris asked when the Ca.ty could expect the complete Federal census figures. The Finance Director said they were promised in July. Mr. Harris asked if they would be within the year and the Finance Director said he would certainly expect them to be. Mr. Harris asked how the school census was used and the Finance Director explained that they have received the Federal figures that are set out in census blocks. They are large blocks and the school census was used to break them down into individual blocks. Mr. Harris said that he did not believe the school census figures were accurate as he and his wife were not counted because they did not have children, nor were his parents. If the City is to receive the total census figures, it seems they should wart until they are received. He also felt the Legislature should act before the Ward boundaries are set. The Finance Director saa.d that the school census does count people without children, but perhaps a mistake was made, although the two sets of figures tally very closely. MOTION by Councilman Haxris to adopt the Oxdinance (based on the Harris planJ on first reading, waive the reading. 5econded by Councilman Kelshaw. Upon a roll call vote, Harris, Kelshaw and Kirkham voting aye, Liebl and Breider voting nay, � Mayor Kirkham declared the motion carried. Mayor Kirkham said the Ordinance would be back on the next regular Agenda for second reading and it is always in order to propose an amendment. He added in the past voter registration casds were used to set up the boundary lines and this method has to be more accurate. ORDINANCE #485 - AN ORDINANCE RELATING TO THE SALE OF REAL ESTATE OWNED BY THE CITY OF ERIDLEY: (3710 East River Road) MOTION by Councilman Liebl to adopt Ordinance #485 on second reading, waive the reading and order publication. Seconded by Councilman Kelshaw. Upon a roll call vote, Kelshaw, Kirkham, Liebl, Har2is and Breider voting aye, Mayor Kirkham declared the motion carried unanimously. ORDINANCE #486 - AN ORDINANCE UNDER SECTION 12.07 OE THE CITY CHARTER TO VACATE STREETS AND ALLEYS AND TO AMEND APPENDIX C OF THE CITY CODE: (BUrlington Northern - SAV #69-03) MOTION by Councilman Liebl to adopt Ordinance #486 on second reading, waive the reading and order publication. Seconded by Councilman Kelshaw. Upon a soll call vote, Breider, Kelshaw, Kirkham, Liebl and Harris voting aye, Mayor Kirkham declared the motion carried unanimously. � CONSIDERATION OF SECOND READING OF AN ORDINANCE FOR VACATION REQUEST �71-03� RICHARD MILLER HOMES, INC., TO VACATE McKINLEY STREET SOUTH OF THE SOUTH LINE OF RICE CREEK ROAD AND A 6 FOOT UTILITY AND DRAINAGE EASEMENT DESCRIBED AS THE SOUTH 6 FEET OF LOT 3, COCHRAN'S ADDITION: :'fi� REGULAR COUNCIL MEETING OF AUGUST 2, 1971 PAGE 8 The City Engineer said they are still waiting for the signed agreement from the developer and suggested tabling the second readtny_of the Ordinance until it is received. MOTSON by Councilman Liebl to table this item. Seconded by Councilman Kelshaw. Upon a voice vote, all ayes, Mayor IU.rkham declaxed the motion carried unanimously. RECESS: Mayor Kirkham declared a recess at 9:10 P.M. The Council Meeting was reconvened at 9:30 P.M. NOTE: When the Council reconvened, Councilmen Kelshaw and Liebl were still absent, so the Council decided to go ahead with other items and wait until they return for Item #7 (Special Use Permit for Skelly Oil) when there will be a full Council to consider that item. CONSIDERATION OF BUDGET FOR 1972: MOTION by Councilman Harris to table this item. Seconded by Councilman Breider, Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried. RECEIVING THE MINUTES OF THE PARKS AND RECREATION COMMISSION MEETING OF JUNE 28, 1971: MOTION by Councilman Breider to receive the Minutes of the Parks and Recreation Commission Meeting of June 28, 1971. The mota.on was seconded and upon a voice vote, all voting aye, Mayor Kixkham declared the motion carried. OF CLAIM T2EGARDING STORM DAMAGE: ROBERT DUEHOLM: MOTION by Councilman Breider to authorize payment o� the claa.m submitted by Robert Dueholm, 290 Craigbrook Way, in the amount of $60.D0 as recommended by the Administration. The motion was seconded and upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried. CONSIDERATIDN OF INSTALLATION OF "NO PARKING" SIGNS ON 59TH AVENUE AND 7TH STREET: MOTIDN by Councilman Kelshaw to concur with the recommendation of the Adminis- tration in placing "No Parking" signs on 59th Avenue and 7th Street, as outlined in the memorandum from the City Engineer dated July 23, 1971, Memo Numher CM #71-09. Seconded by Councilman Harris. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carrzed. CONSTDERATION OF SPECIAL USE PERMIT #71-08, REQUEST BY C.W. ROLLMAN FOR THE SKELLY OIL COMPANY ON THE SOUTHEAST CORNER OF EAST RIVER ROAD AND 79TH AVENUE: ' ' Nir. Spencer Sokolowski representing Skelly Oil Company, said he would reiterate � the position taken by 5kelly Oil Company throughout the hearings. This location is on the corner oE 79th Avenue and East Rtver Road and is zoned C-2. In 1962 a building permit was issued to establish a gas station. This area has been, and still is, C-2. The area directly to the soutIz, which Mr. Fudali .� � � REGULAR COUNCIL MEETING OF AUGUST 2, 1971 PAGE 9 ' owns, was rezoned to multiple in 1969. Skelly Oil Company is in the process o� improving their service stations and they will meet all the c.riteria required by the City. He understood that 79th Avenue will become a thorough- £axe to T.A. #47 which would make this a good intersection on which to be located. He said he would like to point out that the main objector is the man who owns the apartment complex to the south, yet when he built the garages, the rear of the garages faces their parcel of land. He Relt a nice Skelly Station would be an asset to the community. L�'hen Mr. F'alkenstein purchased the land there was no requirement of a special use permit. He felt one should be granted now and respectfully requested that the Council consider their proposal. Councilman Liebl asked the City Attorney, if, since a building permit was issued 7 years ago, the City could be found prejudiced if it was denied now. He added that in the years intexveninq, the Ordinances regardinq special use permits have been stiffened considerably. The City has tried to upgrade the development of lots such as this. The City Attorney said it was difficult to predict what a �udge might say, but he would say that municipalrties do upgrade their Ordinances, and a land owner is not assured that zoning or other standards will never change. He must meet the standards set at the time he makes an appli- cation. He felt a court would say that 7 years is an unreasonable length of time and that the land owner would have to meet th.e City standards at the time of application. Councilman Breider said that gas stations must be compatible wi�h other � businesses in the area. In this case, there are abutting homes on all sides, and would not be considered a commercial area, and therefore not compatible, so _ on that basis he would make his motion. MOTION by Councilman Breider to deny the special use permit request by Skelly Oil Company, SP #71-08. Seconded by Councilman Harris with the comment that he seconds the motion on the same basis that Councilman Breider made his motion. He reviewed this property on Satuxday, and upon viewing this area, with the exception of some property south of the creek, this area is solidly residential and he did not find this use compatible to the general area. Mayor Kirkham said that he must vote agaa.nst the motion. He said he made up his mind based onthe histoxy of this parcel of 1and, and he would have to agree with Mr. Sokolowski. This property was held for many years in good faith that it could be developed as presented now. He thought the gas station as proposed is as attractive as a station could be, and that the City owes it to them to allow development as proposed. THE VOTE upon the motion, being a roll call vote, Kelshaw, Liebl, Harris and Breider voting aye, Kirkham voting nay, Mayor Kirkham declared the motion carried. REPORT REGARDING REQUESTED KIDDIE PARKS IN HYDE PARK AREA AND HAMILTON'S ADDITION TO MECHANICSVILLE: � Councilman Liebl said that Mrs. Holmberg was in Y.he audience for this item and requested that the City Manager read the recommendation of the Parks and — Recxeation Commission £rom the memorandum dated July 29, 1971 from the Parks Director and also the memorandum from the City Manager dated July 29, 1971. The City Manager read the memorandums as requested. ���� REGULAR COUNCIL MEETING OF AUGUST 2� 1971 PAGE 10 MOTION by Councilman Ziebl to concur in the recommendatYOn of the Parks and Recreation ➢irector and the City Manager and instruct that they proceed accordingly. Seconded by Councilman Kelshaw. Upon a voice vote, all ayes, Mayor Kirkham declared the motion carried unanimously. CONSIDERATION OF PERMIT REQUESS AND REQUEST FOR CITY SO P1�VIDE AN EMPLOYEE AT STATE SOFTBAI�L TOURNAMENT - FRIDLEY SAYCEES: The City Manager explained that Fridley would be co-sponsors because a City which has a full time Parks and Recreation Director is the only ones who can sponsor the softball tournament. Mr. Adolph Kukowski, President of the Fridley �aycees, said that Fridley is responsible for the industrial slow pitch tournament. The only ones that can be considered as sponsors for this function are municipalities that have a Parks and Recreation Director, The Parks Director asked the Frzdley Jaycees if they could co-chair tha.s program. This is one of the better things that could happen to the City of Fridley, and they-would like a chance to show Fridley off. He felt it would be good advertising for Fridley as they would be attractinq some 66 so£tball teams into tfie City�. St would Ue on radio and TV because it is a state-wide tournament. The J'aycees are requesting that the City provide one man to assist the Jaycees with this function. The Parks Directar felt that the Jaycees should not be responsible for the equipment or the field, and this man would be responsible for the equipment and to make sure the field is up to tournament standards. Councilman Breider said that he was the one that had asked for this policy to be drawn up to make certain that the outlay would be of benefit to the C�ty. MOTION by Councilman Breider to concur and provide one supervisory man at City cost for the State Open Softball Tournament, to be August 13, 14, and 15th. Seconded by Councilman Harris. Councilman Harris asked if the City would get a share of the proceeds from the gate. Mr. Kukowski said the proceeds are split 4 ways. The Jaycees get �, the City and State get ; and the winning team gets �. He added that the Saycee share would basically, come back to the City in some form to help some departrnent. THE VOTE upon the motion, being a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously. RECEIVING BIDS ON MOTOR FIRE APPARATUS, 4 WHEEL, 1D0 FOOT AERIAL I,7IDDER - REAR MOUNT: (Bids Opened 12:00 Noon, August 2, 1971) Bidder Seagrave Corp. Clintonville, Wisc Pierre Thibault Montreal, Quebec . :. . Maryland Cas So B.B. Nat'1. Bank Canada $3,300.D0 Base Bid $67,50� $66,000.00 U.5. Funds Delivery Date 3Q0 VSorlcing Days 12 months after receipt of order , � ' � � � REGUI�FIR COUNCII, MEETIN G OE AUGUST 2� 1971 Bidder Bid Bond Base Bid Ward LaFrance Elmira, New York American LaFrance Elmira, New York Travele.rs Ind 5� B.B. Travelers Ind 5% B.B. $69,950.00 $66,900.00 Peter Pixsch Maryland Cas. $63,947.00 Kenoska, Wisc. 5% B.B. MOTION by Councilman Liebl to receive the bids. Kelshaw. ��� PAGE 11 Delivery Date Not later 220 working days after contract Not later than 260 days after order Not later than 360 working days a£ter receipt o� order Seconded by Counoilman Councilman Breider asked the Crty Attorney how long before a bid has to be either accepted or re�ected. The City Attorney said unless the bid notice states otherwise, 30 days. Councilman Breider said that earlier this evening the Council sent a telegram to the Governor concerning the proposed tax bill. The City also is building an addition to the garage, and if the t� bill goes through, the City could end up with trucks and garages, but no people. Before action is taken costing the City more money, he would like to have the Legislature act. The City Attorney said that if the City would want an extension of time beyond the 30 days, the low bidder could be asked if he would abide by his bid �or longer than 30 days, and if an explanation was given him, he thought the low bidder would be willing to do this. THE VOTE upon the motion, being a voice vote, all voting aye, Mayor Kirkham declared the motion carYied unana.mously. RECEIVING THE QUARTERLY REPORT FROM HEALTH SANITARIAN DATED JULY 13, 1971: MOTION by Councilman Harris to receive the quarterly report from the Health Sanitarian dated Suly 13, 1971. Seconded by Councilman Kelshaw. Upon a voice vote, all voting aye, Mayor Kirkham declared the motian carried unanimously. REVIEW AND CONSIDERATION OF APPROVAL OF THE FINAL PLAT AND DEVELOPMENT OF INNSBRUCK NORTH: The City Engineer said that when the Council revie*aed the plan for Innsbruck North, he indicated that when the plat was ready in final form, he caould bring it back before the Council. He then showed the plat on the easel, and said that the westerly portion has 120 lots and the easterly half is for multiple use. The southeast corner has been changed from apartments to townhouses. Councilman Harris asked if the change affected the overall density. The City Engineer said that the plan as they now propose is an improvement over the original plan. There was some concern expressed by the Innsbruck South people. They are proposing to plat more lots into residential lots than originally for the first stage. There is a total o£ 120 lots to be platted. There have already been three building permits issued for houses along Matterhorn Drive. The area in the northeast, 7ust soutb of the park will be apartments. Council- man Harris asked how many acres there would be in park land. The City Engineer said between 20 and 25 acres, including the tax forfeit lots. He said that park will prol�ably, for the most part, be preserved in its natural state. He has met with the Parks Director concerning the park. There is also �r� u �i REGULAR COUNCIL MEETING OF $UGUST 2, 1971 PAGE I2 a small park to the southwest of there to serve the local residents. Council- � man Harris asked how access would be to that park. Mr. Chuck Van Eeckhout said they plan to dedicate 30'. Councilman Harris said the only problem with a narrow road would be off-street parking. Mr. Van Eeckhout said that they would not encourage vehicular traffic. What they envision is more of a pedes- trian walk-way to the park. He thought thexe caould not be more than �ust a turn-around. This would be a quiet walk area with tot apparatus. Councilman Harris said, knowing human nature, people would not want to walk that far, and he wondered zf there could not be a parkinq lot across the road. He did not want to have to have "No Parking" signs put up along the stxeet. He asked if there was not some way to provide parking. Mr. Van Eeckhout said that they had not thought about it, but perhaps some research is justified. He said he would work on the park plans to see what type of drive-in traffic this would generate. Pexhaps there could be parking across the street by the apax�tments, there is room to handle it. He said it would be considered further if the Park Depart- ment feels it is necessary. Councilman Harris questioned whether the 30' - 35' road would be adequate. The City Engineer pointed out the water ponding areas on the plat map for this complex and said they will be connected by an underground 5pstem. The ponds will be there before the development comes a,n and will be shown to prospective buyers. They want to retain the natural beauty of the area and also take care of the drainage. Ae wanted to make sure there was enough storage areas pro- vided so there would be no problem in the future with flooding. Councilman Harris said they have done a good �ob, and 1t is quite an ambitious pro7ect. � He asked if the green areas, parks etc. would go through the Parks and Recreation Commission and the City Engineer said yes. Councilman Kelshaw asked what value these homes would be. Mr. Van Eeckhout said they are trying to build the single family residences in as low a price range as possible and still maintain high quality. He did not think there would be any under $50,000 _ Councilman Kelshaw asked what type of roads they will have throughout the plat. Mr. Van Eeckhout said they were discussing this now with the City Engineer. They may come back later and ask for a variance in Width from the nozmal roadway. Because of the numher of trees they may have to take down, they may want a narrower roadway, but they do not want them so narrow they would have a maintenance problem. He thought they would like them to be narrower than 31' as he did not feel it would hurt their function in any particular area as there would be no parking on the street. Councilman Harris said, when talking about narrow streets, that it seems that sometimes they get too wide. Fridley's requirement is only £or a single car garage, but he knew in Chicago they require double garages. Mr. Van Eeckhout said that he did not belive anyone would want to build less than a double garage. If the City would want it this way, it would be a small concession on thelr part. Councilman Harris said that with a single car garage, sometimes there are cars parked on the street, but with a double car garage, there would be room for two cars in the garage, and two more in the s�riveway, so there would be no need for parking on the street. Councilman Kelshaw asked what about the traffic coming from the west. The ' City Engineer said that oriqa.nally, the road would line up with Regzs Trail, now the plans are changed to make it easier to come onto Hillwind Road. Shere is a direct route out to Silver Lake Road and people would be taking that rather than winding �hrough the residential streets. � ?�� REGULAR COUNCIL MEETING OF AUGUST 2, 1971 pAGE 13 ' Mr. Van Eeckhout was asked if the price he quoted included the lot and he said yes, the lots would range from $9,000 to $15,000 and would include all the assessments in and paid. MOTION by Councilman Kelshaw to approve the final plat, Innsbruck North, suU�ect to the applicant continuing to woxk with the Crty Engineer and the Parks and Recreation Department. Seconded by Councilman Harris. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously. RESOLUTION #90-1971 - ESTABLISAING WORKING CONDITIONS, WAGES AND HOUR5 OF EMPLOYEES OF THE CITY OF FRIDLEY POLICE DEPARTMENT: The Finance Director said that he wanted to call the Council's attention to Article IX concerning union dues check off. This is something the Adminis- tration agreed to recommend to the City Council. On other occassions the Council has not approved this particular section. He said he also wanted to direct the Council's attention to the memorandum concerning home pickup of unifoxmed policemen. There have been some concessions made that the men would give if this program is instituted. They would ga.ve 30 minutes of their own time per week for training purposes, and the ma.nunum amount of overtime would be 30 manutes. Councilman Liebl asked if the negota.ations are through and the Administration is recommending passing this resolution, including the memorandum, and the � Finance ➢irector said yes. Councilman Harris said he noticed there was addita.onal incentive pay and asked if this was in lieu of longevity. The Finance Director said yes, they wanted it to become truly incerative rather than longevity. Councilman Harris asked if the dues are checked off, would only one check be sent to the union. The Finance Director said yes, a certain amount would he taken Yrom each man's check and then one check sent in for them. Councilman Liebl asked if the members voted and if rt was acceptable- The Finance Director said yes. MOTION by Councilman Liebl to adopt Resolution #90-1971 and approve the memorandum to the Police Department Personnel from the Police Cha.ef dated July 23, 1971 regarding home pick up. Seconded by Councilman Kelshaw. Upon a voice vote, all voting aye, Mayor Riskham declared the motion carsied unanimously. RESOLUTION #91-1971 - ORDERING IMPROVF�IENT, APPROVAL OF PLANS AND SPECIFICATIONS AND ADVERTISING FOR BIDS: WATER, SANITARY SEWER AND STORPI SEWER $103: MOTION by Councilman Harris to adopt Resolution #91-1971. Seconded by Council- man Kelsh�aw. Upon a voice vote, all votinq aye, Mayor Kirkham declared the motion caxried unanimously. RESOLTUION #92-1971 - TRANSFERRING COSTS AND EXPENSES FROM SANITARY SEWER AND STORM SEWER PROJECT #100 TO THE PUBLIC UTZI,TTY FUND: � MOTIDN by Councilman Harris to adopt Resolution #92-1971. The mot�.on was seconded and upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanamously. .����� REGULAR COUNCIL MEETIPIG OF AUGUST 2, 1971 PAGE 14 RESOLUTION #93-1971 - CHARGING COSTS INCURRED UNDER THE ST. 1970-9 STREET IMPROVEMENT PROJECT TO THE GENERAL FUND: MOTION by Councilman Kelshaw to adopt Resolution #93-1971. Secondecl by Councilman Liebl, Upon a voa.ce vote, all voting aye, Mayor Kirkham declared the motion carried unanimously. RECEIVING PETITION #21-1971 - FOR A SKATING RINK AT JAY PARR ON 2ND STREET BETWEEN 6STH AVENUE AND MISSISSIPPI STREET: MOTION by Councilman Liebl to receive Petition #21-1971. Seconded by Councilman Kelshaw. Upon a voice vote, all voting aye, Mayor Kirkham de- clared the motion carried unanunously. CONSIDEAATION OF CHANGE OBL7ER #l, STREET IMPROVF.MENT PROSECT ST. 1971-1 ANB ST. 1971-2 (MSAS)t MOTION by Councilman Kelshaw to approve Change Order #1 for Street Smprovement Pro7ect St. 1971-1 and St. 1971-2. Seconded by Counci]man Hax'ris. Councilman Liebl asked if state aid funds would be used �or the sidewalks and the Mayor said yes. Councilman Liebl pointed out when the sidewalks were put in on Mississippi Street and 61st Avenue the people were assessed. He wondered if there could be any legal repercussions. He said he had had calls from people wondering why they were assessed for sidewalks and the people on West Moore Lake Drive will not be. The Ca.ty Attorney said there would be no legal repercussions, and to explain to the people that there was a change in the state law in 1969 that allows state aid funds to be used on sidewalks. SHE VOTE upon the motion, being a voiae vote, all voting aye, Mayor Kirkham declared the motion carried unanunously. CLAIMS. MOT20N by Counci7man Kelshaw to approve payment of General Claims #25780 through #25934 and Liquor Claims #5809 through #5835. Seconded by Councilman Harris. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously. � LICENSES: General Contractor American Builders Inc. 1201 West Broadway Minneapolis, Minnesota By: David Ostrow Aquarius Swimming Pool Co. 5275 190 Street West Farmington, Ma.nnesota By: Maynard Nikelson Bar-Ett Construction Co. 3005 Ottawa Avenue South Minneapolis, Minnesota By: Steven Scbochtman Approved By Building Inspeotor Building Inspector Bui�lding Inspector , � I I U REGIILAR COIINCIL MEETING OF AUGUST 2� 1971 � General Contractor Vern Donnay Homes 7300 36th Ave. North Minneapolis, Minnesota �7ohnson Buildinq Mart Inc. 3615 East Lake St. Minneapolis, Minnesota By: Vern Donnay Approved By Building Insyector By: Carl E. Sohnson Building Inspector Lumber King Inc. 5145 Oliver Ave. So. Minneapolis, Minnesota By: Jerome Lorbubaum Building Inspector Dennis C. Otteson Builder 43� Ts,mberland Drive Burnsville, Minnesota By: Dennis C. Otteson Huilding Inspector Heating Blaha Sheet Metal FabriCata.ng, Inc. 6989 Washington Ave, So. Edina, Minnesota Sy: Frank Blaha � Food Establa.shment Metro 500 8255 East River Road Fridley, Minnesota Cigarette Metro 500 5255 East Ra.ver Road Fridley, Minnesota Service Station Frank's Sinclair 6290 Central Ave. Fridley, Minnesota Speedy Gar Wash 5201 Central Ave. Fridley, Minnesota Metro 500 8255 East River Road Fridley, Minnesota ' By: Paul Castonc�uay By: Paul Castonguay Sy: Franca.s Hunt Plumbinq Inspectox Health Inspector Chief o£ Police Fire Inspector Building Inspector PAGE 15 Fire Insp. By: Highland Car Wash, Inc. Building Insp. Fire Inspector By: Paul Castonguay Building Inspector 2 `' ' � �, ) 1� REGUI�AR COUNCIL MEETING OF AUGUST 2, 1971 Drive-In Theatre 100-Twin Drive-In 694 and Hwy. 65 Fridley, Minnesota Off Sale Beer Western Service Station 7600 University Ave. Fridley, Minnesota PAGE 16 Approved By By: Chet Herringer Chief of Police Chief o� Police By: Western Stores Oil Co, Health Inspecto� MOTION by Councilman Kelshaw to approve the licenses as submitted. 5econded by Councilman Liebl. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously. ESTIMATES: Village o£ New BrYghton 803 Sth Avenue N.W. New Brighton, Minnesota 55112 FINAL Estimate for New Brighton Pro7ect 69-14, Fridley Pro7ect St. 1970-1, for the improvement of a portion of Stinson Boulevard, done as a 7oint pro7ect. �' $16,796.79 � MOTION by Councilman Liebl to authorize payment of the estimate. Seconded by Councilman Harris for discussion. Councilman Harris asked if the estimate has been checked out and is correct. The City Engineer said yes, this is work New Brighton did as part of an agreement between them and Fridley for a portion of Stinson Boulevard. The City Engineer said the cost was higher, but the estimate was in 1968. It took three years to get New Brighton to cooperate with Fridley. TF3E VOTE upon the motion, being a voice vote, al1 voting aye, Mayor Kirkham declared the motion carried unanimously. AUTHORIZATION OF CITY MANAGER ATTENDANCE AT WORKSHOP AUGUST 26TH AND 27TH: MOTION by Councilman Liebl to authorize the City Manager to attend a City Manager Workshop in Austzn, Texas August 26th and 27th. Seconded by Council- man Harris. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously. RESOLUTION #94-1971 - REQUESTING THE MINNESOTA HIGHWAY DEPARTMENT TO INSTALL TRAFFIC SIGNALS AT THE INTERSECTTON OF T.H. #47 (UNIVERSITY AVENUE) AND 69TH AVENUE: MOTION by Councilman Liebl to adopt Resolution #94-1971. Seconded by Council- , man Kelshaw. Upon a voxce vote, all voting aye, Mayor Kirkham declared the motion carried unanimously. � � �I REGULAR COUNCIL MEETING OF AUGUST 2, 1971 PAGE 17 '� `_�, � The City Engineer presented a letter he had prepared to be sent along with the Resolution to Anoka County for the Councilmen to sign. All the Councilmen signed the letter. COMMUNICATIONS A. MACKALL, CROUNSE AND MOORE: NANCX PETRON IN CLAIM; MOTION by Councilman Kelshaw to receive the communication �rom Mackall, Crounse, and Moore dated July 20, 1971. Seconded by Councilman Liebl Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously. ADJOURNMENT: MOTION by Councilman Liebl to ad�ourn the Meeting. The motion was seconded and upon a voice vote, all voting aye, there being no further business, Mayor Kirkham declared the Regular Council Meeting of Auqust 2, 1971 ad7ourned at 10:25 P.M. Respectfully submitted, ���/% � ��"C'X�£/ �� Suel Mercer Secretaxy to the City Council I, �r �` ,i/ f�\�c'��l' �\ �=� �U�V_ f�' /Jack 0. Kirkfiam , � Mayor