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09/20/1971 - 00017901� � � f THE MINUTES OF THE REGULAR COUNCIL MEETING OF SEPTEM$ER 20, 1971 L 71 I 1 �I eJ �:\ I I 1 I Se I I: ��[ N� Mayor Kirkham led the Council and the audience in saying the Pledge of Allegiance to the Flag. INVOCATION Because of the absence of a member of the Ministerial Association, Mayor Kirkham asked Councilman Kelshaw to offer the Invocation. Mayor Kirkham called the Regular Council Meeting of Sept�mber Z0, 1971 to order at 7:47 P.M. ROLL CALL: MEMBERS PRESENT, Breider, Kelshaw, Kirkham, Liebl, I-larris MEMB$RS ABSENT: None PRESENTATION OF YOUTH ACHIEVEMENT AWARDS: Mayor Kirkham presented three Youth Achievement Awards to three boys who had attained the rank o£ Eagle Scout. Mayor Kirkham read the inscription and presented the awards to Jeff Brandt, Steve Tatro and Tom Garten. APPROVAL OF TI-IE MINUTES OF THE REGULAR COUNCIL MEETING OF AUGUST 30, 1971: MOTION by Councilman Liebl to adopt the Minutes of the Regular Council Dleeting of August 30, 1971 as presented. Seconded hy Councilman Kelshaw. Upon a voice vote, all ayes, Mayor Kirkham declared the motion carried unanimously. ADOPTION OF AGENDA: MOTION by Councilman Kelshaw to adopt the Agenda as presented. Seconded by Councilman Liebl. Upon a voice vote, all ayes, Mayor Kirkham declared the motion carried unanimously. VISITORS� Mr. James Petron. 5300 Fillmore Street N.E , Complaint on Weed Cutt Mr. Petron said that he is a future resident of the City of Fridley, he is building a house on 53rd and Fillmore. He said during the month of July he received a form letter from the Weed Inspector to cut the weeds. The cost estimate that was included stating what the City would charge seemed reasonable, after checking to see what he could get the work done for by a private £irm, or renting machinery himself. After checking, his wife called the secretary in that office and told her to have the City go ahead and cut the weeds. The �ob was done, and although he was not entirely satisfied with the �ob they did, he let it go. On the 30th of August he received a bill from the Czty for cleaning up his property, which is the Ei of Lot 11, Auditor's Subdivision #94, and was M� Mi REGULAR COUNCIL MEETING OF SEPTEMBER 20, 1971 PAGE 2 Work Order No. 377. The bill included a break down of costs and totaled ' $43.29 In the cicanup preparation, there is 1'� hrs. for labor, 1z hours for a truck and li hrs for the truck driver, £or a total charge of �24.63. However, the huilder's wife lives next door and she saw tfie truck arrive, the men stood around and talked £or a while, then one man walked over the lot, then got into the truck and drove away. The area mowed is roughly 80 feet north and south, and 60 feet east and west, and did not take longer than 10 minutes to cut. He said if he would have gotten a bill for '2 of that amount, he �ould have been upset. If this is the way the City operates and the fees the City charges, then it should be self-supporting and there would be no need for ta�ces. He said he was aware o£ his civic ohligation, but he refuses to pay this hill. He then showed the Council pictures of the lot after it was mowed and did not feel that it looked much better, and questioned if clover would be considered a noxious weed He added that every other department he has dealt with at City Hall during the process of building a home has been most cooperative Mayor Kirkham asked Mr. Petron if he had talked to anyone at City Hall. Mr. Petron said he had not. Mayor Kirkham said this would have been the proper procedure, as the Council will turn his complaint over to the City Manager to check out the next day. He asked the City Nlanager to call Mr. Petron after he found out the information. Mr. Chuck Van Eeckhout, Viewcon. Bid Award £or Sewer � Water Pro�ect #103: Mr. Van Eeckhout said that due to a conflict in scheduling meetings, he would have to leave the Fridley Council Meeting to attend another, but would be ' back at 10 00 P.M. He asked that the Council defer consideration of the award for Sewer and Water Pro7ect #103 until them. Councilman Liebl, Resuscitation Equipment in Police Department. Councilman Liebl asked i£ every squad car is equipped with resuscitating equipment and if so is it tested regularly. He said he received some complaints that they do not have good equipment and that it is not working properly, and asked what could be done to rectify this, The City Manager said that he also had a complaint recently. Two years ago the City made the decision to equip the squad cars with a resuscitating device called an "Ambu Bag" which pumps azr, not pure oxygen. This decision was based on the advice of several practitioners. Every squad car is equipped wrth such a device and all the Police Officers are skilled in the techniques of First Aid There are also two resuscitators in the Police Department which supply pure oxygen and to his knowledge they are in working order. He said he would check with the Police Chief the next day. PUBLIC f�ARING ON ASSESSMENT FOR STR�ET IMPROVEMENT PROJECT ST. 1970-1 - JEFFERSON STREET FROM 57TH AVHNUE TO 58TH AVENUE AND 57TH hVENUE FROM WASHINGTON TO JEFFERSON: Councilman Liebl gave an outlzne of the history of the proceedings to date as ' they pertain to these streets. There has been a lot of discussion and the Council action from past meetings can be £ound in the September 20, 1971 Agenda. Je£ferson Street is 30' wide and does not serve those properties £ronting on Madison Street. All the driveways face Madison Street. The Council deczsion was that the people on Madison would not be assessed nor would those on the 4� � REGULAR COUNCIL MEETING OF SEPTEMBER 20, 1971 � the south side of 57th Avenue (sometimes referred to as Lakeland Avenue), as they receive no benefit. He felt this Council should uphold the previous Council decision, and asked the Acting City Attorney if this was legally proper, The Acting City Attorney (James Gibbs) said that it was Council- man Harris commented that he agreed with Councilman Liebl PAGE 3 MOTION by Councilman Harris to close the Public Hearing on Street Improvement Pro7ect St. 197D-1 - Jefferson Street and 57th Avenue (Lakeland Avenue). Seconded by Councilman Liebl. Upon a voice vote, all voting aye, Mayor KirKham declared the motion carried unanimously and the hearing closed at 8:10 P.M. RESOLUTION #118-1971 - RESOLUTION CONPIRMING ASSESSMENT FOR STREET IMPROVE- MENT PROJECT ST. 1970-1 - JEFFERSON STREET FROM 57TH AVENUE TO 58TH AVENUE AND 57TH AVENUE (LAKELAND) FROM WASHINGTON STI2EET TO JEFFERSON STREET: MOTION by Councilman Liebl to adopt Resolution �118-1971. Seconded by Councilman Breider. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously PUBLIC HEARING ON 1972 BUDGET: MOTION by Councilman Harris to continue the Public Hearing to the Meeting of Octo�er 4, 1971. Seconded by Councllman Liebl. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously. , CONSIDERATION OF SECOND READING OF AN ORDINANCE FOR REZONING REQUEST ZOA #�1-D3 BY JOHN P YOUNGDALE (FROM R-3 TO C-2) IN THE NORTHEAST CORNER OF UNIVERSITY AVENUE AN➢ OSBORNE ROAD AND CONSIDERATION OF SPECIAL USE PERMIT SP #71-03 TO CONSTRUCT A SERVICE STATION IN A G 2 DISTRICT (GENERAL BUSINESS AREA) IN THH NORTHERST CORNER OF UNIVERSITY AVENUE AND OSBORNE ROAD: Councilman Harris said that he was surprised to see this back on the Agenda His understanding o£ the motion by Councilman Kelshaw at the last meeting wa� that the petition to the Highway Department for a"Walk" signal must be successful before consideration of the second reading. The City Engineer explained that this item is back on the Agenda at the request of the applicant. He pointed out there was a letter wrrtten to the Highway Department by Mr. Wyman Smith, attorney £or the applicant, and also by him, on behalf of the City. In his conversations with the Highway Department they feel a study is required to see if there is a need and if there is, they would put it in. It would cost roughly $4,000 to $5,000 and would not be a ma�or alteration to the facility already in place Mr. Wyman Smith said that the next day after the last meeting he tried to carry out the suggestions made. He called the City Engineer to get the name of the , District #S Engineer, Norm Osterby, and sent a letter to him. Mr. John Youngdale has also talked to Mr. Elasky, District Traffic Engineer and there did not seem to be any great problem, They did not seem to be opposed to the proposal. They do have certain standards as to what the traffic count and pedestrian count should be to warrant such a signal. He said he talked to Mr Mike 0'Bannon, I1 ., REGULAR COUNCIL MEETING OF SEPTEMBER 20, 1971 PAGE 4 County Commissioner, and he offered any help he could give at the County level. � He said American Oil has also agreed to help finance this. They would like to start construction soon, before the frost sets in. He thought it may be back- wards to put in a"Walk" sign before there are any pedestrians. Councilman Harris said he would feel more assured if the Council had a coimnuni- cation from the Highway Department that they will put in the "Walk" sign when the £acility is constructed. The motion last meeting passed £our to one, with Gouncilman Breider voting nay. He said his concern was the same as Councilman Breider's, but he would be willing to vote for the rezoning if there was an agreement in writing from the Highway Department stating that they will put in the signal If the Ordinance was passed first, he was not too sure the City could get what they wanted. A9r Smith said he would try to get the letter the Council wants. Mr. Youngdale said he had talked to Mr. Elasky about installing a pedestrian signalized crossing. There appears to be nothing standing in the way of installing it when the Clty would require it. As to the cost, the Minnesota Highway Deroartment normally bears the cost if the pedestrian count measures up to their guidelines, There are things they take into consideration such as the pedes- trian count per hour per day, and also whether the highways involved have medians In this case T.H. #47 does but Osborne Road does not. He did not see any great problem; i£ the pedestrian count warrants a signal, the Highway Department will put one in at their cost Councilman Harris said he would still llke to have it in �xit�ng. In the past due to various reasons, the Crty has not gotten n�Ytat Ntas �xomised verbally. He added there were other conditions listed also and Mr. Smith said the stipulation would be on the special use permit and they have agreed to them. Mr. Smith said that he must agree with Councilman Harris and that it probably would be best to get the promise in writing, as he knew too, that they do seem to change their minds. The City Manager said he questioned the ans�rex the City might get, such as, will they put the "Walk" sign in when conditions warrant? Would the Council want to set a definite commitment, such as a date? Counciiman Harris said he would like it to be Lpon completion of the facility. Councilman Breider asked where the crosswalk would be installed. The City Engineer said it would be to cross Osborne Road on the east side of T.H. #47 and on the west side of the frontage road. There is 60' - 7D' space between the highway and the frontage road. Mayor Kirkham commented that the frontage road was more in the nature of a residential street. Councilman Breider did not feel the pedestrian crossing wauld do any good because the children south of Osborne Road would have to go to the corner to push the button for the "Walk" signal, go to the Highway and cross, then go Uack down the north side of Osborne Road to the Quik Shop. He did not think the children would do this. They would take the shortest route and that would be directly across Osborne Road. Councilman Kelshaw felt that this development was oriented to draw trade from north of that area. There are already apartment houses there and the area will become even more dense He did not think there would be that much foot traf£ic from south of Osborne Road. Councilman Breider said there were a lot of children walking on ' Osborne Road. A lot of them go to the Quik Shop on T H. �65 and he did not want the same problems on the west end of Osborne that the City has on the east end. r� � REGULAR COUNCIL MEETING OF SEPTEMBER 20, 1971 PAGE S � Councilman Harris said that the Crty does not have control over the development north of Osborne Road as that is Spring Lake Park. He said that if there is a "Walk" signal and parental instructions for the children to cross at the cross- walk, the City will have fulfilled their obligations in trying to provide safety. He said if the communication is received from the Highway Department, he would be willing to move for the second reading of the ordznance at the next meeting. MOTION by Councilman Harris to table consideration of the rezoning ordinance and special use permit for American Oil to the meeting of October 4, 1971. Seconded by Councilman Kelshaw. Upon a voice vote, all ayes, Mayor Kirkham declared the motion carried unanimously. CONSIDERATION OF FIRST READING OF AN ORDINANCE REGULATING TI-IE LICENSING AND MANNER OF CONDUCTING DANCES. Mayor Kirkham asked the audience if anyone wished to have the ordinance read, with no response. Councilman Liebl asked if this ordinance would apply to both outside and inside dances. The City Manager said it would apply to any dance as long as it meets the definition of a public dance. Councilman Harris asked if those of a civic nature were excluded and the City Manager said yes, at the Council discretzon. Councilman Liebl asked if the Council had the perogative to waive the fee and the Acting City Attorney said yes. He said the ordinance was directed at full time dance halls and could be used in controlling any dance in the City of Fridley. � The State Statutes were used to define public dances. Councilman Breider asked i£ the ordinance would cover street dances The Acting City Attorney said yes it would be $10 for one day unless the Council would want to waive the fee, but he thought they should still get a license to assure City knowledge of the function and to make sure the Police Department knew about it. Councilman Breider asked how this differs from the music festival ordinance that is to be considered later in the meeting. The Acting City Attorney sazd that mainly the music festival ordinance is meant to control large groups of people and to ensure the health, safety and welfare of the people. A music festival does not necessarily include dancing, although it may be incidental to it. Included in the music festival ordinance is the requirement of a bond in case something should go wrong. That ordinance has language taken from the Supreme Court ruling to regulate a large number of people. The City Manager said it was a matter of emphasis. Dancing is not mentioned in the music festival ordinance. Councilman Kelshaw said that the ordinance ctates that an officer must be present, who pays� The Acting City Attorney said that the State Statutes say an officer must be present. Under normal procedures, the owner is required to hzre an officer and he pays that man. The peace officer is to be approved by the Council and a peace officer is interpreted as being an employee of the City of Fridley, or another unit approved, or a Deputy Sher]ff. Mayor Kirkham said that it would not hurt to add that the expense of the officer is to 6e borne by the licensee. � Councilman Breider asked i£ an officer is supposed to be present for a street dance. The Acting City Attorney said yes, the State Statutes say any public dance, and this would include a dance sponsored by a church group or some other group, �' REGULAR COUNCIL MEETING OF SEPTEMBER 20, 1971 PAGE 6 Mr. Jim Gibson said the Lions Club have had dances over the last four or ' five years at the VFW Hall or the KC Hall, and did not have an officer present except at the last one They have policed it themselves, quite successfully. It appears that if an organization such as theirs wanted to have a dinner and dance, they would have to come in and apply for a permit and also would have to have a police officer present. Mayor Karkham said the ordinance would require that they apply, but the Council could waive the fee. The Council would still want to know about it. Councilman Breider asked if the Council could waive the requirement of a policeman in attendance and the Acting City Attorney said no, municipalities do not have that authority, Mayor Kirkham said it would not necessarily have to be from Fridley's force. He asked if the Sargeant at Arms could be deputized, and the Acting City Attorney 5aid not unless he was made a Deputy 5heriff. Councilman Liebl said there are a great number of licenses that a small business- man has to get, and this would be �ust $100 more. They must also hire a police of£icer, and some of the smaller businesses are alrEady struggling to make a living. He commented that the people of Fridley are responsible citizens and they did not need a police of£icer looking over them at street dances. The State Statutes already provide protection, so he must be in opposition to this proposed ordinance. This extra $100 would be �ust one more burden for a business- man. MOTION by Councilman Liebl to tahle this ordinance indefinitely. Seconded by � Councilman Harris. Upon a voice vote, Liebl, Harris, Breider and Kelshaw voting aye, Mayor Kirkham voting nay, Mayor Kirkham declared the motion carried. ORDINANCE #488 - AN ORDINANCE RELATING TO THE SALE OF REAL ESTATE OWNED BY THE CITY. (Shorewood Lounge) MOTION by Councilman Harris to adopt Ordinance #488 on second reading, waive the reading and order publication. Seconded by Councilman Liebl. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously. APPROVAL OF MUTUAL AGREEMENT FOR SHOREWOOD LOUNGE, 6161 T,H. #65: MOTION by Councilman Liebl to appxove the mutual agreement for Shorewood Lounge. Seconded by Gouncilman Kelshaw. Upon a voice vote, all ayes, Mayor Kirkham declared the motion carried unanimously. APPROVAL OF CONTRACT FOR DEED FOR SHOREWOOD LOUNGE, 6161 T.H. #65• MOTION by Councilman Liebl to approve the contract for deed £or Shorewood Lounge. Seconded by Councilman Kelshaw. Upon a voice vote, all ayes, Mayor Kirkham declared the motion carried unanimously. APPROVAL OF LEASE FOR SHOREWOOD LOUNGE, 6161 T.H. #65: MOTION by Councilman Liebl to approve the lease for Shoreirood Lounge. Seconded , by Counc�lman Kelshaw. Upon a voice vote, all ayes, Mayor Rirkham declared the motion carried unanimously. � � i� � REGULAR COUNCIL MEETING OF SEPTEMBER 20, 1971 APPROVAL OF CONTRACT FOR DEED FOR 3710 EAST RIVER ROAD: PAGE 7 MOTION by Councilman Harris to approve the contract for deed for 3710 East River Road. Seconded by Councilman Breider. Upon a voice vote, all ayes, Nlayor Kirkham declared the motion carried unanimously. APPROVAL OF LEASE FOR 3710 EAST RIVER ROAD MOTION by Councilman Harris to approve the lease for 3710 East River Road. Seconded by Councilman Breider. Upon a voice vote, all ayes, Mayor Kirkham declared the motion carried unanimously. FIRST READING OF AN ORDINANCE PROVIDING POR TIIE LICENSING AND REGULATION OF MUSIC FESTIVALS: MOTION by Councilman Harris to approve the Ordinance on first reading and waive the read3ng. Seconded by Councilman Kelshaw. Upon a roll call vote, Liebl, Harris, Breider, Kelshaw and Kirkham voting aye, Mayor Kirkham declared the motion carried unanimously. RECEIVING THE MINUTES OF THE PLANNING COMMISSION MEETING OF SEPTEMBER l, 1971: 1. REZONING REQUEST, ZOA �r71-O5, REAL ESTATE 10 INC , FRANCIS GIRDLER. Part of Lot 3, Auditor's Subdivision #25 to be rezoned from R-3 (general multiple family dwellings) to CR-1 (general office and limited 6usiness). The City Engineer said this is a request to rezone property in the northeast quadrant of T.H. #65 and I. 694 The Planning Commission recommended approval of a rezoning from R-3 to CR-1. MOTION by Councilman Liebl to set the public hearing date of October 12, 1971 for the rezoning request hy Real Estate 10, Inc. Seconded by Councilman Kelshaw. Upon a voice vote, all ayes, Mayor Kirkham declared the motion carried unanimously 2. SPECIAL USE PERMIT, SP #71-11, DAVID 0. HARRIS. Construct a second garage on Lot 12, Block 1, Holiday Hills Addition per City Code Section 45.051,2,A. The City Engineer said this request was Commission recommended approval sub7ect flood plain. to build a second garage. The Planning to the stipulation that it be above the MOTION by Councilman Liebl to concur with the Planning Commission and grant approval for a second garage for David Harris. Seconded by Councilman Kelshaw. Upon a voice vote, Breider, Kelshaw, Kirkham and Liebl voting aye, Harris abstaining, Mayor Kirkham declared the motion carried. MOTION by Councilman Liebl to receive the Minutes of the Planning Commission Meeting o£ September 1, 1971. Seconded by Councilman Breider. Upon a voice vote, all ayes, Mayor Kirkham declared the motion carried unanimously. � REGULAR COUNCIL MEHTING OF SEPTBMBER 20, 1971 RECEIVING THE MINUTES OF THE BUILDING STANDARDS - DESIGN CONTROL MEETING OF SEPTHMBER 2. 1971 1. Cyly A METAL STQRAGE BUILDING ME BEING 25 44TH AVENUE PAGE 8 The City Engineer said, as the Council recalled, they have already seen the layout. The Building Board recommended approval o£ the request sub�ect to the stipulations found in their minutes. MOTION by Gouncilman Liebl to concur with the Bmlding Standards - Design Control and grant the permit sub�ect to their stipulations, Seconded by Councilman Harris. Councilman Harras said there was a bond discussed and asked if that was part of their motion and the Gity Engineer said no. Councilman Liebl said the Council has already given preliminary approval and added that this would be a temporary building for five years. THE VOTE upon the motion, being a voice vote, all ayes, Mayor Kirkham declared the motion carried unanimously. 2. The City Engineer said the Board recommended approval sub�ect to some conditions and showed the plans at the Council table. They are to paint the new building to match the existing building and there is a letter from them stating they would put up a screen fence. MOTION by Councilman Breider to concur with the Board and grant the permit, sub�ect ta their conditions. Seconded by Councilman Kelshaw for discussion. Councilman Kelshaw said that in the Planning Commission minutes, Eldon Schmedeke mentions using trees for screening rather than fencing He asked if this would be feasible in this case. The City Engineer said that this area already does have a great deal of vegetation and it was felt that a wire screen would give a more posztive screen. THE VOTE upon the motion, being a voice vote, all ayes, Mayor Kirkham declared the motion carried unanimously. 3. OF A Klcf�:: . �iS.91YN��lf�■� T TO CONS'1'NUCT AN All. l. NAGHL'S WOODLANDS IEi(Fi11J1�Ial The City Engineer said this request was for an addition to an existing building. They will use brick in front and block on the sides Their request was approved sub�ect to the blocks being painted to blend with the existing building. � � ' l� REGULAR COUNCIL MEETING OF SEPTEM&ER 20, 1971 PAG� 9 � MOTION by Councilman Kelshaw to grant the permit for ponlyn Manufacturing Corp sub�ect to the Board's stipulations. Seconded by Councilman Breider. Councilman Harris asked about the landscaping plan, and commented that one of the buildings is done £airly well. The C3ty Engineer said they are going to landscape and showed the landscaping plans at the Council table There will be a blacktopped access onto 73rd Avenue. There will be a 100' lot left to the south that could be a problem to the City, as rt is rather small and could require some variances to build upon. Councilman Harris said that he hoped that before the building is occupied, the landscaping would be completed He did not want the same situation the Council had with Brothen in Commerce Park MOTION AMENDED by Councilman Harris that the landscaping is to be completed by June 1, 1972. The amendment was seconded and upon a voice vote, all voting aye, Mayor Kirkham declared the amendment carried unanimously THE VOTE UPON THE MOTION, being a voice vote, all ayes, Mayor Kirkham declared the motion carried unanimously. 4. CONSIDERATION OF A REQUEST TO CONSTRUCT A R�TAINING WALL AND A METAL BUILDING LOCATED DN LOTS 4, S, 18, 19 AND 20, BLOCK 2, REES' ADDITION, TI-� SAME BEING 6450 STH STREET N.E., FRIDLEY, MINNESOTA. (REQUEST BY JAMISON BROS., INC. 8428 SUNSET ROAD N.E., MINNEAPOLIS, MINNESOTA) The City Engineer said this request is for a metal building to be used for storage � and a retaining wall for the Telephone Company �ust north and east of City Hall. The concrete retaining wall is to be on the west side of their property. He tlien showed the plans at the Council table, MOTION by Councilman Liehl to concur with the Board and grant the request sub7ect to their leveling off the wood retainers and wood poles of the remainder of the existing wood retaining wall, and fence with redwood slats on the concrete wall, and that the building be painted to match the existing building. Seconded by Councilman Breider. Upon a voice vote, all ayes, Mayor Kirkham declared the motion carried unanimously. MOTION by Councilman Liebl to receive the Mintues of the Building Standards - Design Control Nleeting o£ September 2, 1971. Seconded by Councilman Kelshaw. Upon a voice vote, all ayes, Mayor Kirkham declared the motion carried unanimously RECE NING THE MINUTES OF THE PARKS AND RECREATION COMMISSION MEETING OF JULY 26, 1971: Councilman Liebl pointed out to the Council that Mrs Mer1e Otten, 5311 4th Street N E. and Mr Gary Novak, 5315 4th Street N.E. were present in regard to the tot lot in Hamilton's Addition to Mechanicsville, There was a motion 6y the Com- mission to incorporate the purchase of a tot lot into the 1972 budget. The City Manager said that later on the Agenda, there is a resoluuon that withholds , those lots from tax forfeit sale MOTION by Councilman Liebl to receive the minutes of the Parks and Recreation Commission Meeting of July 26, 1971. Seconded by Councilman Harris for discussion. � �� REGULAR COUNCIL MEHTING OF SEPTEMBER 2D, 1971 PAGE 10 Councilman Harris asked if the second application for North Park has gone in and the Finance Director said yes. TI-IE VOTE upon the motion, being a voice vote, all ayes, Mayor Kirkham declared the motion carried unanimously. REC&IVING THE MINUTES OF THE PARKS AND RECREATION COMMISSION MEETING OF AUGUST 30, 1971 MOTION by Counczlman Harris to receive the minutes o£ the Parks and Recreation Commission Meeting of August 30, 1971 Seconded by Councilman Liebl, Upon a voice vote, all ayes, Mayor Kirkham declared the motion carried unanimously. Councilman Liebl asked if there has been a provision for $50 per £ootball team in the past as there is for the two Crystal teams and Councilman Harris said it has been done in the past. CONSIDERATION OF AWARDING THE BID FOR 100 FOOT AERIAL LADDER TRUCK: (Bids Opened August 2, 1971 and the bids are listed in the Minutes of August 2, 1971) Councilman Liebl said that he would agree with the City Manager's memorandum dated September 17, 1971 and asked the Fire Chief if he was satisfied. The Fire Chief came forward to the Council table and explained that he had written to the company about some very minor changes that he would like made, but it should not change the o�erall price of the ladder truck. The Pierre Thibault Company has agreed to pay all the duties and import taxes, and their bid price is firm. MOTION by Councilman Breider to award the bid for one 100 £oot aerial ladder truck to the Pierre Thibault Company in the amount o£ $66,000 (U.S, money) and re�ect all other bids received Seconded by Councilman Liebl. Upon a voice vote, all ayes, n4ayor Kirkham declared the motion carried unanimously. APPROVAL OF COST FOR ACQUISITION OF STREET RIGHT OF WAY FROM THE PROPERTY IN THE NDRTHEAST CORNER OF 57TH PLACE AND UNIVERSITY RVENUE EAST SERVICE ROAD FOR PROJECT ST. 1970-3 (T.H. +�47 LOOPBACKS) ($312.00) MOTION by Councilman Harris to approve the payment for acquisition of the property from Shorty's lot in the amount of $312.OD. Seconded by Councilman Breider Upon a voice vote, all ayes, Mayor Kirkham declared the motion carried unanimously. RECEIVING MINNESOTA HIGHWAY DEPARTMENT RESPONSE REGARDING TRAFFIC SIGNAL REQUEST AT 73RD AVHNUE AND T.H. #65. MOTION by Councilman Harris to receive the communication from the District #S Traffic Engineer dated September 14, 1971. Seconded by Councilman Kelshaw Upon a voice vote, all ayes, D7ayor Kirkham declared the motion carried unanimously. i FOR SOME FENCE REMOVAL AND ROSE GARDEN TO FACILITA 13��� HALVERSON MOTION by Councilman Breider to approve payment of $120 to F.E. Halverson for the removal of some fence and a rose garden. Seconded by Councilman Liebl. Upon a voice vote, all ayes, Nlayor Kirkham deelared the motion carried unanimously. � , 1 , � �� REGULAR COUNCIL MEETING OF SEPTEMBER 20, 1971 PAGE 11 The City Engineer said it was pmnted out at the public hearing that for the work on the dam to proceed, there would have to be the cooperation of the residents to go onto their property. Now they are asking for reimbursement and these costs were not included in the price estimate CONSIDERATION CtF REQUEST FOR STORM SEWER HOOKUP TO CITY LINES IN 61ST AVENU� BY SCHOOL DISTRICT #14 The City Engineer explained that School District #14 is developing the area west of the Junior High School and they want to hook unto the existing storm sewer, This area drains toward the Riedel property. He said there was not a serious problem to hooking onto the line, but the school was not included in the original system, so they should be advised that there may be some cost involved when the whole system is put in. MOTION by Councilman Harris to concur with the School District 7#14 request sub�ect to receiving a letter o£ concurrence from the school that when the storm sewer distxict is developed, they will be assessed The motion was seconded and upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously. RESOLUTION #119-1971 - ORDERING PRELIMINARY PLANS, SPECIFICATIONS AND HSTIMATES COSTS M #1: ARY SEWER AND STORM SEWER ] MOTIQN by Councilman Harris to adopt Resolution #179-1971. Seconded by Councilman Kelshaw. Upon a voice vote, all ayes, Mayor Kirkham declared the motion carried unanimously. #120-1971 - RECENING THE PRELIMINARY RHPORT AND CALLING A MOTION by Councilman Harris to adopt Resolution #12D-1971. Seconded by Councilman Kelshaw. Upon a voice vote, all ayes, Mayor Kirkham declarad the mot3on carried unanimously. RESOLUTION #121-1971 - A RESOLUTION AUTHORIZ REPAIR AND IMPROVEMENT OF LOCKE LAKE DAM PRO I[4�/=.�`�IY:i�p�(H I�I � �t� THE CITY TO PROCEED WITH THE MOTION by Councilman Breider to adopt Resolution #121-1971. Seconded by Councilman Kelshaw. Upon a voice vote, all ayes, Mayor Kirkham declared the motion carried unanimously RESOLUTION #122-1971 - ING THE COST OF WATER LINE REPAIR C � MOTION by Councilman Liebl to adopt Resolution #122-1971. Seconded by Gouncil- man Breider. Upon a voice vote, all ayes, Mayor Kirkham declared the motion carried unanimously �� REGIILAR COUNCIL MEETING OF SEPTEMBER 20, 1971 RESOLUTION #123-1971 - AUTHORIZING CHARGING THE COSTS OF SI➢EWALK BETWEEN RATIVBOYV AND SUNRISE DRNE TO THE GENERAL Fi]ND• PAGE 12 MOTION by Councilman Liebl to adopt Resolution #123-1971. Seconded hy Council- man Breider Upon a voice vote, all ayes, Mayor Kirkham declared the motion carried unanimously. RESOLUTION #124-1971 - �I ll .` f�N � D I`�Y y il i]] Y I[ I I, i��]� fL'] S MOTION by Councilman Breider to adopt Resolution #124-1971. Seconded by Council- man Kelshaw. Upon a voice vote, all ayes, Mayor Kirkham declared the motion carried unanimously. RESOLUTION #125-1971 - RL-L�ASING FOR SALE TAX FORFEIT LOTS IN THE CITY OF FRIDLEY EXCEPT THOSE LOTS AS LISTED IN THIS RESOLUTION WHICH ARE BEING HELD FOR CITY PURPOSES: MOTION by Councilman Liebl to adopt Resolution #125-1971. Seconded by Councilman Breider. Upon a voice vote, all ayes, Mayor Kirkham declared the motion carried unanimously. CLAIMS. � ___.I MOTION hy Councilman Kelshaw to approve payment o£ General Claims #26203 through , #26348 and Liquox Claims #5915 through #5977. Seconded by Councilman Liebl. Upon a voice vote, all ayes, Niayor Kirkham declared the motion carried unanimously. LICENSES. Vending Machine Norge Village 236 Mississippi St. Fridley, Minn. Masonry Dan Nikolai Route #5 Box 216A Excelsior, Minn. Multiple Owellings Tom Walsh 5920 Stinson Blva. Fridley, Minn. Marvin C. Erickson 2424 119th Ave. N.W. Coon Rapids, Minn.55433 By Lloyd Murphy By: Daniel Nikolai Address 5866 2nd 5t. N.E 5770 2'Z St. N.E Approved By Health Inspector Building Inspector Units Fee Approved By � 11 $20,pQ Fire Prev. Bureau 11.00 Fire Prev. Bureau � REGULAR COUNCIL MEETING OF SEPTEMBER 20, 1971 � LICENSES CONTINUEll Multiple Dwellings James Bateman SOSO Ewing No. Minneapolis, Minn.55429 Peter Neururer 7125 Jersey Ave. No. Minneapolis, Minn 55428 John J Johnson 380 Pillsbury Bldg Minneapolis, Minn. Edina Realty Inv. inc. 6500 France Ave. So. Edina, Minn. 55435 Edina Realty Inv. Inc Edina Realty Inv. Inc. � Edina Realty Inv. Inc. Ronald Shelton 8706 Grospoint Ave. S. Cottage Grove, Minn. � Address 5428 Sth St. N E 390 57th Place 321 79th Way 1200 Hwy. 100 1230 Hwy. 100 1260 Hwy. 100 1290 Hwy. 100 140 Mississippi P1 Unit Fee A�proved By 4 4 4 18 18 18 18 4 Edstrom Realty 64 E. 2nd St. Winona, Minn. 55987 155-175 Satellite Ln. 33 Edstrom Realty 195 Satellite Lane 20 A.G. Bruch Ronald L. Bruch 212 Penisula Rd. Minneapolis, Minn, 55441 221 Satellite Lane 11 ,, �e PAGE 13 $'10.00 Fire Prev. Bureau 10.00 Fire Prev. Bureau 10 DD Fire Prev. Bureau 18,00 Fire Prev. Bureau 18.00 Fire Prev. Sureau 18.00 Fire Prev. Sureau 18.D0 Fire Prev. Bureau 10 OD Fire Prev, Sureau 33.00 Fire Prev. Bureau 20.00 Fire Prev. Bureau 11.00 Fire Prev Bureau Satellite Lane Assn. 2420 17th N.W. New Brighton, Minn. 201 Satellite Lane 11 11.00 Fire Prev. Bureau MOTION by Councilman Harris to approve the licenses as submitted. Seconded by Councilman Liebl. Upon a voice vote, all ayes, Mayor Kirkham declared the motion carried unanimously. APPROVAL OF HOUSE TRAILER RENEWAL APPLICATION, MRS ALIGE WELLS, 1667 73RD AVE. N.E.. MOTION by Councilman Liebl to approve the house trailer renewal application by Mrs. Alice Wells Seconded by Councilman Breider Upon a voice vote, all ayes, Mayor Kirkham declared the motion carried unanimously. � �� REGULAR COUNCIL MEETING OF SEPTEMBER 20, 1971 ESTIMATES: Park Construction Company 51 37th Avenue N.E. Fridley, Minnesota FINAL Estimate #3 for Meadowland Park Storm Sewer Pro�ect No. P-10 Berglund-Johnson, Inc. �xcelsior, Minnesota 55331 FINAL Estimate #10 for the construction of Water Improtiement Pro�ect #f95, Schedule B, according to contract Dunkley Surfacing Company, Inc. 3756 Grand Street N.E. Minneapolis, Minnesota 55421 FINAL Estimate #3 £or the construction of Sanitary Sewer and Storm Sewer Improvement Pro�ect #100 Minn-Kota Excavating Company 3401 SSth Avenue North Minneapolis, Minnesota FIANL Estimate for Street Improvement Pro7ects St. 1970-1 $ St. 1970-2 (MSA) Final Estimate St. 1970-1 Final �stimate St. 1970-2 Hardrives, Inc. 10135 Central Avenue N.H. Minneapolis, Mznnesota 55435 PARTIAL Estimate #4 for Street Improvement Pro�ect St 1971-2 PARTIAL Estimate #4 for Street Improvement Pro�ect St. 1971-1 Suburban Engineering, Inc. 6875 Highway #65 N.E. Minneapolis, Minnesota 55432 PARTIAL Estimate £or Plans and Specifications for Pro�ect #103 Weaver, Talle $ Herrick 316 East A4ain Street Anoka, Minnesota 55303 September billing PAGE 14 $ 8,869.95 20,000.00 7,537.02 6,549.D1 594.78 26.677.04 8,635.04 11,37D.31 2,967.D0 � �� � REGULAR COUNCIL MEETING OF SEPTEMBER 2p, 1971 � �, � �, PAG� 15 � MOTION by Councilman Harris to approve payment of the estimates as presented. Seconded by Councilman Kelshaw. Upon a voice vote, all ayes, Mayor Kirkham declared the motion carried unanimously. COMMUNICATIONS• A. GRACE HIGH SCHOOL� PARADE PERMIT MOTION by Councilman Kelshaw to receive the communication from Grace High School dated September 15, 1971 and grant their request for a parade for their Home- coming on September 24, 1971. Seconded by Councilman Liebl. Upon a voice vote, all ayes, Mayor Kirkham declared the motion carried unanimously. B. WM. C. HOFFMANN. ANIMAL CONTROL MEASURES: MOTION by Councilman Harris to receive the communication from William C. Hoffmann dated September 15, 1971 and July 26, 1970 and the accompanying memorandum from the City Manager dated September 17, 1971. Seconded by Councilman Breider. Upon a voice vote, all ayes, Mayor Kirkham declared the motion carried unanimously. AWARDING CONTRACT FOR WATER, SANITARY SEWER, AND STORM SEWER PROJECT #103. (Bids Opened 11;30 A M,, August 27, 1971 and listed in the Minutes of August 30, 1971) , Councilman Harris suggested that the Council consider this item, although N]r. Van Eeckhout zs not yet present, He noted is was only shortly after 9:00 P.M. and the Gouncll would have to wait for close to an hour for Mr. Van Eeckhout's return, and added that he was sure that Mr. Van Eeckhout would understand He noted that the letter rec2ived from the Consulting �ngineers, Suburban Engineering, recommends the awarding of the bid. This is the last meeting the award may be made before the time hmxt elapses, and i£ the City were to go out for rebids, they may come in higher. He said he was still concerned about the traffic routing since Viewcon has not received agreement from New Brighton for access from Silver Lake Road. There was some discussion on how much work was involved beyond the boundaries of the single £amily lots and Councilman Harris thought it would be about 150 of the bid The City Engineer said that if the Council considers withholding that portion of the work that goes beyond the single family lots temporarily, then he would suggest getting a letter from the contractor stating that when that pr�xtion of the pro7ect is put back in, that it will be for the sarne price as bid. MOTION by Councilman Harris to award the contract for Water, Sanitary Sewer �, Storm Sewer Improvement Pro�ect #103 to Dunkley Surfacing Company in the amount of $284,281,10, deleting that portion o£ the work that goes beyond the boundaries of the single family lots, with the agreement of the contractor that when the situation is resolved with New Brighton, Fridley can add that portion of the work back into the pro�ect at the same price as hid. All the traffic is to be routed � on Hillwind Road only unul such time as permission is received from New Brighton that Silver Lake Road can be used. The motion was seconded and upon a voice vote, all ayes, Mayor Kirkham declared the motion carried urtanimously. � �� REGULAR COUNCIL A7EETING OF SEPTEMBER 20, 1971 ADJOURNMENT !7:[[f�iC: MOTION by Councilman Liebl to ad�ourn the Meeting. Seconded by Councilman Kelshaw. Upon a voice vote, all voting aye, Mayor Kirkham declared the Regular Council Meeting of September 20, 1971 ad�ourned at 9:Z5 P.M. �Re ectfully submztted, `"'€C� ,!/�i✓,% °:.,� Juel Mercer Secretary to the City Council ������ � � j ,���w-- ack 0. Ki kham ��Mayor � � r"� �J