03/14/1966 - 00021621_� � �
3/7/66
LIQUOR FUND GEFOSITURY:
Mayor Kirkham stat�d that he had asked the City Attorney to check into any
restrictions concerning where the liquor depository may be. The City Attorney
has checked with the I'�nance Director and the only restriction contained in
the original resolution hy the, then, Village Council was that it be a bank
with Federal Deposit Insurance and that th� original depository should be
the Camden Bank. Mayor Kirkham stated he fcels the City should have all the
deposits in a local banko The City Attorne,y was instructed to have a
resolution drawn and on the agenda at th� next meeting.
PR�PERTY FOR SALr�:
Mayor Kirkham said he had had a telephone call from Mrs. Strub who o�ins
property in the flood plain area, and she wauld like to sell this property
ta the City at a very reasonable f�gure. Mayor Kirkham referred this matter
to Councilman Samuelson's Committe�} and asked the City Manager to draw it
to the attention of the Parks and R�creation Commission.
CONSIllEbATION OF INSURkNCE CONSULTANT:
Mayor Kirkham stated he would like to bring up a matter for the Council�s
consideration. He showed the Council a brochure from Mr. �villiam Peet who
is President of the Insurance Consultants Society and teaches at the
University of Minnesota. He stated that Mr. Peet would come out and study
what Fridley had and what they might need and give the Council a preliminary
investigation for a fee of $200. Then i£ the Council were interested in
doing anything further they could contract with him at a£ee decided at
that time. Mayor Kirkham said he vrould like the Council to consider this
po�sibility and have it included in the agenda at the next regular meeting.
ADJOURNN1EIuT:
There being no £urther business, Mayor Kirkham declared the regular Council
Neeting of March 7� 1966 adjourned at 11:30 P.M.
Respeetfnlly Sui�mitted,
� �, �
���cc-�� ���c,� �,� ,
/ \�, � i��/�Z
Mary Lu Strom
Acting Secretary to the Council
� o LC �V " � ( �a'�Z I�. �Gc.-�.
r
��� Jack 0. Kirkham
Mayor
THE MINUTES OF THE SPECIAL COUNCIL MEETINC OF MARCH 14� 1966
The N�eeting was called to order by Ma,yor Pro Tem Harris at B:0l� P.M,
RGLL CALL
MEMF�ERS PRESENT: AJright, Harris� Sheridan, Samuelson
MEPiBES%S ABSENT: Kirkharr.
PUHLIC HEAItING ON II�'ROVEMENTS — SYLVAN fiILLS — SANITARY SEWER PROJECT N0. 76:
Councilman Harr�s� acting as Mayor Pro Tem in thc absence of Mayor Kirkham,
explained to the audiencc that, because there were to be two Public Heasings
this evening, the Council was placing a time limit of k5 minutes on this
suUject. He called on the Consulting �gineer, N,r. Comstock to summarize
the Sanitary sewer problem in the Sylvan Hills area.
�
'
L_J
� � 4_
3/11�Jbb
The Consult�ng Engineer described the area afYected, tha main area being
Block 1. He stated that the existing sanitary sewer in this block runs along
the back of the lot line, and then connects to the interceptor on University
Avenue. The Yroposal is to reconstruct a portion o£ this line.
Councilman bJright explained that the hearing has been called on a total cost of
$14,45�, of which $1,8Q0 has already beett contracted. He stated that this
improvement is exceedingly important� and that the Council £ac�e a problem in
that it needs to do this project in a fiscally responsible wa,y, as this could
set a pr�cedent for hal£ new and hal£ repair, in-between projects. He stated
� that in answer to the question, �TWho�s to blame?", there is no one specific
place to put the blame, He said there is convincing evidence that the design
of the original sewer was to lower specifications than those that are required
today. Some homes were guilt in an area that the sewers couldn"t take care oi.
Not all� but some of the fault lies with the City, perhaps in the issuing of
permits. He stated that the question is� "Should the City absorb all of the
cost." It should do this if it were a repair with no added benefit to the
people of the area, but it does add the bene£its of higher standards and of
being a better sewer. He st�ted that the City does not have cnough land £or
all the necessary easements, and this con�t be solely a repair i£ the purchase
of easements and condemnation in some circustances are necessary. He stated
that the Council fecls that the people in this area have a credit on sewers
they can't use, but feel the reconstruction will be a benefit to some �ffect
and must be assessed.
Councilman Harris then opened the discussion to the public asking them to give
their name and address� and to direct their questions to the Council instead
of holding conversationa in the audience.
Mr. Robert Lee, 1L� Mercury Drive, asked if all the sewer laterals empty into
one line, if thcy were laid out in 1957 on the laasis of so many £amilies per
given area, and if the Council felt that, if' it were strictly a residential
area and not saturated w3th heavy type construction, the sewer oui.let would
be su£ficient for ths given area.
' Councilman Harris stated that eventually all the scwer laterals empty into one
line and that the pipe size was not the whole answer. He asked the Consulting
Engineer to corrwent.
Mr. Comstock stated that there is no problem with th� pipe size, that it is
large enough, but that when the 15'� main is running fu1Z it backs up 200 to
250 feet in the 1ine. He outlined the small area o£ the system that drains
by gravity into the interceptor and stated that the remainder goes to a lift
station and hasn't ccmtributed to the problem in Sylvan Hills.
Mr. Ernest PowelI., 6241 Sunrise Drive, siad that about three weeks ago after
a little rain, water was half way up in the stand pipe, and asked how you
can connect more to it when it is already full. Mr. Comstock answered that
the line is not running £ull at all times.
Mr. Frank Liex�l, 222 Mercury Drive, presented a petition to the Council that
stated that the undersigned people were opposed to Sewer Project #�7b as they
have already been assessed, and are of the opinion that Carlson-LaVine laid
out, planned� and engineered this area for single homes; then Cit,y variances
and builders requesting zoning changes overloaded the sewers. The petitioners
feel the cost of the replacement should be borne by the City of F'ridley and
the sewer designers. He claimed that the petition is signed by b5ro of the
people of Sylvan Hills.
� Mr. Dick Peterson, 212 Mercury ➢rive, stated that this was not their problem;
that if the 8�� pipe is sufficient, it must be how it was put in. He stated
that the Council maintains the apartments don�t add any e�ctra burden, that
everybody is contributing so why should Sylvan Hills have to pay.
Mr. Comstock explained that the City o£ F'ridley"s capacity needs are three
times the 6.Ocgs capacity available when it enters Minneapolis. He stated
that it doesn�t matter where the apartments are built� they wi11 add to the
same interceptor. He stated that the 8�� pipe can be made to be used to it's
full capacity be severing it from the main and reconstructing it to enter at
the top of the main.
���
3/14/66
The visitor asked why it is S,ylvan Hill's fault it hasto be forced into a
pipe that isn't big enough, he said it was the whole City�s £ault and asked
why the City didn't fix the tnain before there is more back-up £urther up the
main.
Mr, Comstock stated that the Council knows the interceptor is not large
enough for the whole City and that is why the,y are connecting to N.S,S.S.D.
The initial system was assessed to the whole City so everyone is entitled to
connect to it and as it is relieved, everyone wi11 probobly have to pay for
the N.S.S,S.D. connectian, Qouncilmau Ssmuelson painted out th,t on§ area�.
has been connected to N.S.S.S.D. and this has given some relief to this area. �
Mr� Bill Kleinschmidti 160 Sylvan Lane asked about the design standards and
ii the lateral had been constructed to the new design� would there have be�n
a problem.
Mr. Comstock eacplained the basic difference in design was standards raised
by the Health Department from 0.25,� to O,kC,� for the sewer grade, and if
these standards had been applied, maybe the baekup would not have gone so
far into the block, Some homes are so high theq would have gone the other
direction, and at present standards, lateral lines are matched at the croroms
instead of at the bottom. Councilman Samuelson pointed out that the developer
was azixious for sewer and it was pui in on a flat grade to give service� and
under new specifications it would have had to go to a lift atation. Mr. Merle
Sizer, 620D Sunrise Drive, stated that this area was all done at the same time
and he was connectcd to a liYt station. He felt someone ��goofed�� in engineering
originally, either the City, the installer or the planner and someone should
be legally responsible.
Cocancilman ti�lright stated that he wuuld like to summarize the situation as the
3rd Tr�ard Councilman and again review and answer some o£ the questions raised
at this Public Hearinga He stated that the line was designed for an estimated
number of families and runoff capacity, it may or may not have included
apartments, ae at the timc, it could only be an estimate. He stated that they
are not saying that the apartment made no difference, but that it made no more ,
dif£erencc than anything else going into the interceptor. If nothing else
were authorized to go into the interceptor, the,y would have to deny all
building permits for a long number o�' years, instead the City plans £or addi-
tional canacity. He stated that there is infiltration of storm water ai the
present time throngh manholes, anfl as soon as the new storm sewer line is
constructed on 45th Avenue, the theoretical eapacity will be the real capacity.
He stated that the entire storm sewer anct sanitary sewer are being cleaned and
reconstructed from the tornado and flood damagc with Federal money and this
wiil remedy some of the load. Ha explained that the City will gain more cfs
capacity by �oining N.S.S.S.D. which will have to be paid for� but at a lower
cost than other areas because we already have some sewer capacity. He stated
that there is no question that the people in Sylvan Hills have paid £or a
sewer, and he feels� are entitled to credit� but it seems several people feel
this is a punitive thing and blame must he brought against someone. He stated
that this has nothing to do with blame; that all assessments must be based on
bene£ity and it must be decided where the benefits li�.
Nr. Frank Liebl stated that the Council should take a vote on what the people
in the area wanted. Councilman Harris stated that the Council couldn�t take a
vote as it hasn't made up it�s mind and only through more study would the Council
decide which wa,y it should go, This hearing was not an assessment hearing� but
was held to hexr the comments o£ the people in the area. Mr. I�iebl stated that
it was for th� people to decide if they wanted this project, and there should be
a vote o£ the people. Councilman Harris stated that they would all vote no if
they were to be assessed, and all vote yes if the City of Fridley was going to '
pay for it. Then he asked the people how many w�re in favor of the plans, urider
any circumstances, the assessment not withstanding. There were no hands. Sorae-
one in the audience stated that they didn't want good money poured after bad,
Mr. Faber, 6181 Trinity Drive, stated that, i£ they knew the $19,450 was going
to solve the problem, it would be a good investment, but could the City
guarantee there wouldn't be t�ackup a£ter the pipe is severed. Mr. Comstock
stated that there will be backup, but in some other area. Not because of this
systcm but because more will be connecting in the area in the future. If the
pipe is severed the City can redesign and use the top ha1S Gapacity of the pipe.
q !-{j d�
� CJ tJ
3/14/66
Gntuicilman Harris stated that there rras a second Public Hearing to be held this
evening�iut 1f the people wanted to stay until that Public Hearing was over� they
could discuss this further. The people asked to have this continued ta some other
enening for Purther di�cussion as they were going avay dissatisfied, The date of
March 29th wes decided upon by the Council.
Councilman Harria contixa�ed the Public Hearing on Sanitary Sewer Project No. 76
unt11 March 29, 1966 at 8;00 P.M, at City Hall, unless the peopla are noti£ied
otherwise.
, PIIBLIC HEARING ON IMPROVEMENT - CURB. GUTTER, AND SIDEWALKS - ST. 196b-3:
Councilman Harri� apologized to the people for the long wait they had be£ore the
Public Hearing could get atarted. H e called on the City Engineer to sw�arize
the project.
The City Engineer explained that tha Covnty plans to i.mprove Mississippi Street
from Univarsity Avenue to T�H, #65 to a£our-lane 50 foot street, and they are
asking the City to pay some of the cost of the concrete curb anfl gutter. He
stated that the Council has been asked to put in sideva]ks� either on the North
side or on both side os Missisaippi Street� asd the City xould like the abutting
property owner�s feelinge about the curb� gutter and siderralk,
Councilman Wright explained that the total cost would be �39,4Q5 which would
be eurb, gutter and sidewalks on both sides o£ Mississi�pi Street.
A visitor to the Council Meeting asked the size of the present road. The City
Engineer stated that at present it is about L,O�� and that the total righ t-of-
way 3s bb feet.
Mr. Anderson� Mississippi Street� asked iP the School Bosrd hed made the
proposals for sidewalks to the Council� and asked for an explanation of the
wording in th� notice pertaining to "lsnda adjacent and abutting thereto". The
City Finance Director stated that when the notiees were aent out� there rra� no
deciaion on Who vould be included in the fiaal aese�ament, Th1s is lagal
� terminology and the genersl language us�d in any xiotice. He m�,Zained that the
City has no plana for a general aystem of assesying sidewalks,
Counailman Harris ezplained that the County had suggeste�3 to the Council that
they look into the feasibility o£ putting in sidewalks as the City could save
the expance of the engineering. If the people would decida at a later date
t}�at they wanted sideualka� they couldn�t rely on the County for help and the
eidewalks vould be more expensive. He stated that the City is in the proeess
of comprehensive plsnning, iacludiag long range plans for sidewalks. Councilman
Wright stated thet the long range plens take into account the priority needs of
major arterial streets and pedestrian school traffic such as 7th Street and East
River Road. The Council has received a reco�nendation from the Fridley Sa£ety
Committee for sidewalks. He stated he feels there is a potential contribution
fron the School Board from the property owners abutting Mississippi Street,
and £rom the City.
Mr. Schenky� 703 Mississippi Street� asked how much the County will pay towards
the curb and gutter property asaessment, Councilman Wright atated that the City
will ba aesessing 50� of the coat and the County will be paying the other half.
Mr. Guellette� 431 I�Tississippi Street� stated he was againat any new assessraent.
He said his taxes uere so high already he couldn�t afford one more dime and the,y
have to stop somewhere and he feels this is the placa.
Mr. Warron Scribnar} 715 Mississippi Street, asked for a clarification of the
� streat footage of 50". Ho stated that if the street is !.0' now and they will
oxtend it 5" on each side, and then put in a didewalk, they can have his
property because it will be worthless. Another visitor stated that a 10' set
back on his property belongs to the City and he wanted to know if the 5' will
come out of that or will the sidewalk be on his property. Councilman Samuelson
said that the aideualk will be entirely on the County�s property. Councilmtin
Harris said that the right-o£-way is 66� so thera will sti11 be 3�. The Gity
Engineer stated that it is possible the street is ofF center now. Mr. Meissner�
373 Mississippi Street� and Mr. A1 Paulson� 932 Mississippi Streett asked about
the set backs� and stated that some people Won�t have a setback o£ 30�. It
vas explained the minimum setback is 35' from the edge of the property line�
but there may havs been some variances in the past,
1 r1 `�6
/n
Mr. Lundheim, County Engineer� stated that the proposal the County has plans on�
hasa 50' street centered in the 66� right—of—way� which Ieaves I6� for a 4' or
5' siderralk, they will leave a spaee between the sidewslk and curb and there
will be a narrow boulevard.
One of the visitors statad that this will interfere with the stop boxes.
Councilman Samuelson explained that these have been taken into account, and
that they have a sleeve that can be adjusted. He stated that plsns are for
catch basins in almost every block so there will�ba no big gathering spot for
uater.
A Y/isitor to the Council Meeting asked if the increased width of the street �
would allow room for parkin�. He stated he gets a lot of parking in Pr�nt
from the library and office bu3lding aerose the street. Mr, Lundheim stated
there would be two fluid lanes� and at peak times there Nill be noticeable
slow up and channeling. He stated that the library is not in use et this peak
tiiqe. Councilman Harris pointed out that any new commercial construction will
have to provide parking� and the City MarLSger has been authorized to look Por a
larger place for the library. �
Mr. Jesse Nichols� 931 Mississippi Street� stated that his propesty was at the
highast elevatien between Central and University� and that he k�ad dropped his
driveway about two feet to meet the street when they put in the sewer� anci if
th� came back S� he will have a five foot drop to enen up with the road.
Mr. Lundheim stated that there are some plans for retaining walls. He said
the County has combed through the plans pretty hsrd� and it will be a mess for
a while� but when they are through� it will be a showplace.
Councilman Harris asked for a show of hands of thosa people in favor of curb snd
gutter. The count was approximately 15 to 5 in fanor o£ in8talling cement curb
and gutter. _
A visitor asked about an sutomatic semaphore on Monroe Street. Councilman
Sheridan stated that there is nothing proposed for it at this time. The visitor
mentioned the schaol children and the fact that you can�t get out onto Mi�sissippi
Street now. Councilman Wright agreed to alert the Safety Committee and ask �
them for a reply. Another visitor stated he felt the semaphore should be
installed to break the flow of traffic as thera is going to be much more
traffic. Mr. Thayer of the School Board said he though the School Board would
be interested in a semaphore as in the future Hayes Sehool will be getting students
from a broader area. Mr. Wilbur Whitmore said that the city pays tax money to
build a four lane street to move and speed up the traffic and then puts in a
stop sign to slow it down. He felt that if it was needed Yor children�s safaty
they should do it� but they ahould not do it to slow down the traffieJ He stated
he uses access onto Mississippi Street at a dif£erent interaection and he mansges
to get on with safetyo
A visitor to the Council Meeting asked if it was the Council's opinion that
the School Board should assume some o£ the cost for the sidecralks. Councilman
Harris stated that they are willing to pay their share. ,
Mr. Meissner� 373 Mississippi Street, �tated that most of the walking traffic
is to the shopping esnter� and as the City grows there will be more people
taking more trips to the shopping center. He stated he favored a3dewalks from
a safety standpaint� but objected on an assessment standpoint. He felt that
Holly Shopping Cent,er and the general fund should bear a good share of the cost.
He stated the bene£it to him was nil� and nobody wou13 pay him for shoveling
100 feet of sidewa.lk.
The City Attornay stated that the reason for the hearing was to get the attitude
of the people in the area. At it�s discretion, the Council can assess 100;� £rom ,
the abutting property owners� 100,� from the general revenue� or any combination
o£ the two. As has been stated before� this may well set a precedent� eapecially
on major thoroughfares and for the benefit of schools or commercial property,
He said that it is the intent of the Council to arrive at what they believe
wou13 be equitaUle in difiding and determining the types of uses made of the
sidewalks between abutting property owners� commercial� School Board� and the
general public. Couneilman Wright etated tttat under the law only abutting
property can be assessad� and no matter how many people know that it is a fact
the sidewalk is used to walk to Holly Center� there is no precedence in court
Yor this, and their portion would have to go on the general fund.
There uas a long discussion on what crou�d happen to the snow on the sidewalka
in the winter. Mr. Paulsen asked why the sidewalks couldn't be placed right
next to the curb with no space in between. Gouncilman Wright ansvered that
there u�re txo reasons: The plows must have room to put the snow and tha
National Safety Council feels this encourages children to ualk in a dangerous
position� where they feel eafe but could be joggled into the street easily.
Mr. Thayer of the 5chool Bo�rd again stated the school�s deeire that a sideualk
be put in. He said thep were willing ta accept their full share of the cost
per foot, and pointed out that it wouldn't be legal for them to pay more.
He stated that legslly they couldn�t build even if they wanted to� on City
or County property.
� Councilman Samuelson pointed out again that the sidewalks on Mississippi Street
will cost much less right now because of tbe County4s partieipation� and the
Council would Have beett derel.ict in their duty if they hadn't let the people
know. He stated he felt it was in the hest interest of Fridley to have a
continuing program of aidewalk construction and it would cut down on the cost
oY busing the children to 9chool.
�
�
Councilman Harris auggested they close and finalize thia Public Hearing on
curb, guttere and sidewalks� St. 196b-3. He stated that new notices would
be sent out for an asaessment hearing. The hearing was closed at 10:50 P.M.
Respectfully submoitted�
7 � �
���z� �-�/� �_ ��j,C'�L-s�./
Me.ry Lu Strom
�Ci.ng Secretary to the Council
� �
��`��� �k C°. % �. � �-�<-w.
� Sack 0. Kirkham
Mayor
�s�5
3/14/66
THE MINIITES OF THE REGULAR COUNCIL MEETING OF MARCH 21� 1966
A regular Council Me�ting of th� City o£ Fridley was ealled to order by Mayor
Klrkham at 8:20 P.M.
ROLL CALL
MEMBERS PRESENT: Kirkham, Wright� Harris, Sheridan� Samuelson
MEMBERS ABSENT: None
APPROVAL OF MINUTES, RDGULAR COUNCIL MEETING, N,ARCH 7, 19b6:
Motion by Councilman k'right to adopt the Minutes o£ the Begular Council
Meeting of March 7, 1966 as sukamitted, Seconded ty Councilman Harris. Upon a
voice vote, there being no nays� Mayor Kirkham declared the motion carried.
APPROVAZ OF MINUTES, SPECIAL COUNCIL MEETIt� OF I�IARCH ]J+, 1966:
Councilman Wright asked i£ the Council remembered an item in the discussion
about aidewalks} that has not been includcd in the minutes, pertaining to the
money that could be saved through not having to bus children to sehool if
sidewalks were available. Councilman Samuelson said it was Mr. Larson o£ the
School Board who had spoken oF a bussing cost of y�25�000, but this was in the
Riverwood School area.
N.otion by Councilman Harris to adopt the Minutes of the Regular Cocuicil Mceting
of March 14� 1966 as submitted, Seconded by Councilrnan Samuelson. Upon a
voice vote� there being no nays, Mayor Kirkham declared the motion carried.
The City Manager nxplained Section 28.1 that is to be excludcd £rom the Ordinance.
It deals w3th precautions against fire in general that are covered in other parts
of Chapter 32 of the Fridleq Code.
Motion by Councilman Samuelson to waive the reading oi' the Ordinance� and adopt
Ordinance /#329 upon second reading and publish same. Seconded by Councilrnan
Sheridan. Upon a voice vote, there being no sa�ys, the motion carried unanimously.