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07/17/1967 - 00020779' � THE MINUTES OF THE REGULAR COUNCIL MEETING OP NLY ll, 1967 The Regular Council Meeting of the City of Fridley was called to order by Mayor Kirkham at 8;05 P,M OPENING CEREMONY: Mayor Kirkham asked the audience to stand and �oin in saying the Pledge of Allegiance to the Flag ROLL CALL: MEMBERS PRESENT MEMBERS ABSENT Kirkham, Liebl, Samuelson, Sheridan, Aarris (arrived at 9:02 P.M.) None APPROVAL OF MINUTES, REGULAR COUNCIL MEETING, JULY 5, 1967: Councilman Lieb1 said he would like to draw the Council's attention to Page 8 of the Minutes, under the heading, "SAFETY COMMITTEE MEETING MINUTES, SUNE 21, 1967". The motio❑ had been made by Councilman Sheridan and seconded by Councilman Sheridan. Councilman Liebl made a motion that this should be changed to state that the motion was seconded by Councilman Samuelson. Councilman Sheridan seconded the motion to correct the wor3ing, and upon a voice vote, there being no nays, the motion carried. Councilman Liebl said he would ob�ect to the sentence on Page 10, Paragraph 2, and would like the following sentence stricken from the records, which he quoted as, �'and that Mr. Brown had not been dragging his feet as this was an involved problem as to exactly how to solve it," Councilman Liebl said that he was quoting Mayor Kirkham's statement He said that he had never mentioned or criticized the Parks and Recreation Director, Pau1 Brown, in any way or on any occasLOn, and that he resented this insinuation. He said that rt was the legislative body and not the administrative body that was dragging its feet. MoCion by Councilman Liebl to strike this sentence from the record. Mayor Kirkham said he did not remember his exact words, but if this is what he said, it cannot be stricken from the records. Councilman Liebl said he questioned the sentence because he did not think that Mayor Kirkham had said it. He said that he couLd not recall Mayor Kirkham saying Mr. Brown's name. The Council suggested the tapes from the meeting could be checked. MOTION by Councilman Lieb1 that the secretary listen to the dictaphone tapes of the Council Meeting, and if there is a change to be made, change tite minutes accordingly Seconded by Councilman Samuelson Upon a voice vote, there being no nays, Mayor Kirkham declared the motion carried MOTION by Councilman Liebl to adopt the Minutes of the Regular Council Meeting of Suly 5, 1967 as corrected, Seconded by Councilman Samuelson Upon a voice vote, there being no nays, Mayor IZirkham decLared the motion � carried. AllOPTION OF AGENDA: Councilman Liebl said he had received a few calls from people in the Second Ward in regard to the Target Store and the right-of-way required by the City ou Madison Street. He said the people have questions about why the sewer REGULAR COUNCIL MEETING, JULY 17� 1967 Page 2 should go in front of their property when there is a utility easement in � the back of the property, and he would like to have this item on the agenda as 5A, TARGET STORE, STORM SEWER CONSTRUCTION, so the people can receive explicit information from the Engineering Department. Councilman Samuelson said he had an item to submit under Communications Item J, STREET RENAMING MOTION by Councilman Lieb1 to adopt the Agenda as amended. Seconded by Councilman Sheridan. Upon a voice vote, there heing no nays, Mayor Kirkham declared the motion carried. FINAL PLAT - BATTERSON ADDITION; The Acting City Manager read the Notice of Hearing. Mayor Kirkham explained that for all practical purposes this amounted to splitting off of a lot. He asked if there was anyone in the audience that cared to be heard, There was ao answer. The City Engineer showed the Council the plat map. The Council questioned the temporary curb. Mr. Batterson explained that when the street to the north goes in, regular curb and gutter wi11 be put in. The City Engineer asked him why he chose to plat one lot. Mr, Batterson said that it had been the County's choice. Councilman Liebl asked him who owned the ad�oining lots, and if they had any ob�ections. Mr. Batterson named the owners and said they did not ob�ect. MOTION by Councilman Sheridan that the Public Hearing on the Final Plat for ' Batterson Addition be closed. Seconded by Councilman Samuelson. Upon a voice vote there being no nays, Mayor Kirkham declared the motion carried. MOTION by Councilman Sheridan that Fina1 Plat, P.S. i�67-04, Batterson Addition, be accepted as the final plat after final checking by the Administration and signing by the Mayor. Seconded by Councilman I,ieb1. Upon a voice vote, there being no nays, Mayor Kirkham declared the motion carried. INTERPRETATION OF LAND USE - COMMERCE PARK: The City Attorney drew the attention of the Council to the memo in whimh he had set forth his interpretation of the land use in Commerce Park. He said that his feelings are that in the C1S portion of Commerce Park, the proposed use is not permitted, and that in CR2 this specific use is neither permitted nor prohibited. He said it would be a matter for the Council to review the CR2 zoning district and the requirements and determine whether a lumber yard would be permitted in that classification. He said that in the M-2 district a lumber yard is specifically permitted. The City Attorney said he had met with the representatives of the business that is applying for the permit and he felt they were good businessmen and their business would be an asset to our community. He said he hoped that if this zoning is not satisfactory as far as the Council is concerned, some other location or district would be. He asked Mr. Rosenbaum to comment on � what they have in mind. Mr. Rosenbaum said that they had looked at several locations, and the problem with this location, as they understand it, is that a portion as zoned is too restrictive. He said they would like a favorable interpretation on the zoning classification hy the Council so they could locate in this area. REGULP.R COUNCIL MEETING, 7IILY 1�� 1967 Page 3 � He said that the next move would be for them to discuss the plans with the lnspectors and see if their plans can fit in wtith the City plans and make this an outstanding lumber yard. The City Engineer showed the plat layout, and Mr. Rosenbaum explaiaed the plans to the Council. He pointed out that they would have a model home, a cottage and garages in front to act as a buffer. He discussed the park- ing, landscaping, and their intention to fence the entire area attractively either with wood or chain link, whichever the Inspection Department favored. Councilman SamueLson asked if they would be doing any manufacturing Mr. Rosenbaum said that this would not be a heavy manufacturing operation, and the minimal amount would be located at the extreme rear of the property, approximately 700 feet from IIniversity Avenue. Councilman Liebl asked how much Land they intended to acquire. Mr. Rosenbaum answered 5 acres between University and Commerce Lane and approximately an additional 11 acres zoned M-2 for access to the railroad spurs. Mayor Kirkham asked if they had given any consideration to another tract of land. Mr. Rosenbaum said that they feel the University Avenue exposure is essential to their operation Mr. Rosenbaum said they would like to formalize their plans for the Council's approval, but before they did that they would like to know if the CR2 zoning could be considered The City Attorney said that this is something the Council must decide. He pointed out the lots con- templated on the map, and said that if the Council favored this action, the portion zoned C1S could be rezoned to CR2, and the next step would be to have a discussion between the applicant and the Building Inspector and � Council on setbacks, parking and storage. Councilman Samuelson questioned whether the Planning Commission should look at this proposal. Councilman Lieb1 said that this would bring tax money in on this land which is now sitting id1e, and there is no one living around this area so there would be no ob�ections from the people. Mayor Kirkham said that the Council would not be able to decide this at this meeting. Councilman Samuelson said he would Like to hear the Planning Commission`s reaction. Mr. Aosenbaum said that the maximum time they would have would be one year and they would like a tentative idea if the zoning would be possible so they could start operating within that framework He said they would be willing to meet with anyone the Council feels necessary to formalize their plans. Councilman Sheridan questioned if it would be a Special Use permit under CR2. The City Attorney said no, the Council would �ust have to determine whether their use is consistent with the language Mr. Rosenbaum said they would meet with anyone the Council suggested to try and arrive at a formalization of their plans without waiting for a long formal meeting, and suggested perhaps the Crty Attorney. Mayor Kirkham said this would have to go through the Planning Commission but it may be possible to arrive at some tentative agreement, Councilman Liebl said that Mr. Rosenbaum would have to present to the Planning Commission a plan, showing size, setbacks, parking, etc. Mr. Rosenbaum said he would work with Mr. Herrick or Mr. Gibbs on this. The City Attorney asked Mr. Rosenbaum if he wanted to meet at the date of the next Planning Commission � Meeting for a discussion and then bring it back to the Council Council- man Liebl pointed out that the Council was having a meeting July 24, 1967 and the Council decided to meet with Mr. Rosenbaum at 7•00 o'clock that evening. Mr. Aosenbaum said he would call the City Attorney for a pre- liminary discussion. MOTION by Councilman Lieb1 to receive the memorandum from the City Attorney regarding the zoning of Commerce Park and whether it is consistent for a retail lumber yard. Seconded by Councilman Sheridan. Upon a voice vote, REGULAR COUNCIL ME�TING, SIILY 17, 1967 there being ao nays, Mayor IZirkham declared the motion carried. ADDITIONAL PAMILY LIFE INSURANCE COVERAGE FOR CITY EMPLOYEES: Page 4 Councilman Lieb1 asked if the Acting City Manager had taken a survey of the employees to see if they want this addrtional insurance. The Acting City Manager said that he had not had a chance to as he had �ust received the letter, but the letter does say they are eligible if they want it. He said that he did not think that 100% of the employees will want it, 6ut the letter does not say 100% are required. He pointed out that the employees will pay the cost. Councilman Samuelson said he agreed wlth making the insurance available to the employees and asiced if the Administration would prefer an anniversary system at the first of the year, or a man-to-man, month-to- month basis The Acting City Manager said that this would not matter, but they would need about 30 days to solicit the employees and set it up. He said that if it was started October lst, this would be the beginning of a quarter MOTION by Councilman Samuelson that the employees can partake in this insurance program if they desire by applying to the City Manager. Councvl- man Sheridan asked if a policy should be adopted to put the insurance for Policemen and Firemen discussed at the Council Meeting of July 5, 1967 into effect as of October 1, 1967 and the Administration could advise the balance of the employees that if they are interested, they should notify the Administration prior to September 1, 1967. Councilman Samuelson made this part of his motion. Seconded by Councilman Sheridan. Upon a voice vote, there being no nays, Mayor Kirkham declared the motion carried. The Acting City Manager saLd that the meeting has been held on hospitaliza- tion insurance, and said there is some misunderstanding on how to proceed. Councilman Samuelson said that he felt this should be put out for bids. Mayor Kirkham said that this had essentially been put out for bids when the different insurance companies had responded previously, but the Council still must make the determination on what to do. Mayor Kirkham said he would like to hear from the Blue Cross representative and perhaps both he and Mr. Schillinger could be invited to the same meeting. The Acting City Manager suggested this could be done at the August 7, 1967 Council Meeting. The CouncxZ decided to invite them to the August 7th Meeting. Councilman Liebl said that if Blue Cross comes up with a better offer, that would be fine, otherwise he felt the Council should stick with what they have and appreciate the work that Mr. SchZllinger has done. ALSOLUTION �F132-1967 - AUTHORIZING EMERGENCY REPAIRS OF WATER AND SEWEA SYSTEM• Councilman Lieb1 asked if this Resolution was proposed so that if it was necessary for the City Engineer to spend over $1,000 for repairs of the water or sewer system, he would not have to ask the Council's permission. He was told this was correct. MOTION by Councilman Liebl to adopt Resolution �6132-1967. Seconded by Councilman Samuelson for discussion. Councilmaa Samuelson asked what the original estimate had been on the Tri-State Drilling and Equipment Company estimate. The City Engineer said that there is no estimate on emergency repairs. He said they use the same contractor basically, so the original driller that installed the ' �� ' REGULAR COUNCIL MEETING, .TULY ll, 1967 Page 5 � we11 is called back for repairs, and the City knows the going raees. Councilman Samuelson said he could understand the emergency nature, but he was not sure of giving carte blanche. Mayor Kirkham said thaC the person giving the approval would realize he was responsible The Cs�y Attorney said that some things wi11 be an emergency but the total repair may not be an emergency and can be brought to the Council's attention The City Engineer said that in the past they have informed the Council, and they are not going to spend money if it is not necessary, but if there �s a breakdown it could be difficult to contact al1 the Councilmen, so there should be a clear d�.rective as to what they can do, The CLty Attorney sald that he felt this was permissible after researching it The vote upon the motion was a voice vote, there being no nays, Mayor Rirkham declared Che motion carried. CONSIDERATION OF 5PECIAL IISE PERMIT - MILT.ER FUL�TEAAL HOME; Mr, Wa11y Mi11er explained that he has an agreement for a piece oI pro- perty 107' x 352' and he wanted to use the 107' piece of land for a driveway and two lanes of parking. He said that w�th the xequired setback and the amount of driveway he would need, he would �ust have 43' of actual building depth on his own property, He sa�.d that he has a purchase agreement for the additional 107' behind him, and his request is that he be allowed to use 20 feet of this additional 107' for a driveway and about 30 feet oi it for parking. He then would actually be using about 50' of the 107'. � He said that he would start building by the 15th of September, but he has to have a decisioa on whether he wi11 be able to build at the property line or if he will have to maintain a stack setback for the driveway He said that he would be willing to fence the property with any kind of fencing except he did not believe in putt�ng up any kind of cement block lence. Councilman Liebl asked why this had gone to the Soard of Appeals, Councilman Sheridan explained that it was because they p?anned to use R-1 zoning for parking. (COUNCILMAN HARRIS ARRIVED AT 9:02 P.M ) The City Attorney said that there will have to be another Public Hearing to issue the Special Use Permit. rI0TI0N by Councilman Liebl to advertise for a Public Hearing to be held August 7, 1967 to consider the request fox a Special Use Permit as requested t�y Mr. Wa11y Mi11er Seconded by Councilman Sheridan. Upon a voice vote, there beLng no aays, Mayor Kirkham decla'red the motLOa carxied. TARGET STOAE - STORM SEWER CONSTRUCTION: C,ouacilman Liebl said he had received some calls from people on Madison Street Northeast and some of them were present at the Council Meeting. Mr. ➢onald Swanson, 5431 Madison St. N. E., said that the people in the � area received an easement agreement from the City and stakes had been put on their property last Friday, although most of the people did not sign the easement. He questioned why the stakes were on the property and asked the Engineers to explain why an easement was needed in front instead of using the�utility easement that is already in the back. The Consulting Engineer said that this pro�ect had been instituted 5 or 6 years ago when there was a request to pave the streets. He said that REGULAR COUNCIL MEETING, NLY ��� 1967 Page 6 it was determined at that time to install the catch basins but not complete ' the storm sewer as there was no outlet. He said they did not want to have to open the streets so the manholes were placed behind the curbs He said this pro�ect is the completion of Pro�ect �k82 and it had been bid earlier this year. He also said that this had been instituted before the Target Store was planned and should not be associated with that project at all. The Consulting Engineer said that there is a 6 foot right-of-way and the pipes will be laid within this area. He said the temporary easement is needed to put in the pipes but it wi11 revert to the property owner at the completion of the pro�ect and the property will be repaired to the condition that it was in when the pro�ect was started. Mr. Clifford Filteau, 5422 Madison Street, said there were no stakes on his property, but he has his home for sale. He said there is an assessment on his home which the real estate agent told him he had to pay, but he was also told that if he called City Hall he would not be able to pay it hecause it is on the basis of a proposed assessment. Mr. Mi11er, 5412 Madison Street Northeast, sald he had no stakes either, but there was a proposed assessment, and he felt the ma�ority of the people would like an explanation of what is involved. The Finance Director explained that an improvement hearing had been held some time ago on the storm sewer pro�ect for the whole area south of I-694 on both sides of the highway. He said that although they cannot pay the proposed assessment the City would hold it in escrow for them. Councilman Liebl said Mr. Novitsky had asked him why the sides will have to be ripped up when there is a � permanent street in. The City Engineer explained that basically this is the area that drains into Sullivan Lake, and some of this had been negotiated with Columbia Heights for some lines. 'He showed the storm sewer area on the map. He said there is a storm sewer in Cheri Lane and catch basins were installed on Madison for the time that there would be an outlet. He said the plans have always been to put the lines behind the ourb so that they do not ruin the street. He said that the City could do it in the street, but they have asked for the temporary easement to do it behind the curb. There was a long discussion between the audience and the Council at the Council table and the people were shown, on the map, the pipes and the catch basins that were in and the location of the one to be put in. There was a long discussion on how this pro�ect is being assessed and who is paying for it. The Finance Director explalned that everyone in the whole area pays the assessment at the same rate. He said that this was �ust a small amount of the work being done in the area. Councilman Samuelson said that the rate is $3.08 per 100 square feet for everyone. Councilman Sheridan explained that the people will receive a credit for any previous storm sewer assessment they have paid. A visitor to the Council Meeting said that they do not need the pro�ect and cannot afford it. Mr. Mihalow, 5411 Madison Street Northeast, asked if it could be delayed for about 5 years until they could afford it. He said they have no problem and the City has other storm sewer work to do. The Finance Director explained that part of the work is already done for which they would be assessed, and the chances are that in five years they would have ' to stand the cost of this sma11 part of the pro�ect and it could be $4.00 instead of $3.OD then. Mrs. Mihalow asked if this was the only part of the whole area to be assessed that is not completed The Consulting Engineer said this was about 99% true and meationed a remaining small line that has not been determined yet. A visitor asked what it would cost if the pipes were put in the street. The Crty Engineer said approxi- mately 56.00 per 100 square feet. The Consulting Engineer said that there � � � J REGULAR COUNCIL MEETING, JULY li, 1967 Page 7 would be some additional cost as the manholes would have to be altered. There was a discussion on combining smaller storm sewer pro�ects into larger ones to spread the assessment more equally. Councilman Sheridan said that in the past with smaller pro�ects there had been a very unequal assessment rate, some have even been as high as $5.00, but the Council policy now is to com%ine pro�ects for a more equitable levy and this has proved more beneficial. Mr. vanDan, a visitor to the Council Meeting, said he thought all the individual pro�ects should be renamed and put into �usC one big pro�ect city-wide Mayor Kirkham said that would solve nothing and this pro�ect is one of the City's largest pro�ects Mr. Alex Novitsky, 54z1 Madison Street Northeast, said he would like to 12ave the Council stake out the contours of the land at the end of the Target property because the trees have been bulldozed back 14 Qx 15 feet and they feel Target wi11 keep on inching away at this property The City Attorney said that the legal boundaries have been determined and a deed has been received from the Daytons for the property, and a fence wi11 be built along the boundary, although he said he was not saying it was not wise to stake it out. Mr. Novitsky said that park trees had Ueen torn down to put in a sanitary sewer. The City Attorney said that when the gift of Land was given, it was wrth the idea they could cross it for utility pur- poses. Mr. Novitsky said he Chought something should be replaced as far as the shrubs and trees. Councilman Sheridan said that if it was agree- able with the Engineering Department, they could ca11 Daytons and ask them to make a survey of where the fence will be and stake it now Mr. Novrtsky said something should be done to protect what is left. It probably can't be developed for 20 years which will be too late for their children. Mayor Kirkham said that it had not '6een developed before and was �ust sitting there He said they would mak.e no promises, but would ask the Engineer to look at it. Councilman Sheridan suggested it be staked out as to where the fepce will go between the Target property and the park property, and they are not to go on the west side of the stakes. Mr. Novitsky said he would go along any time. _ The City Engineer asked if the storm sewer improvement was to be put in as proposed, the street ripped up, or the pro�ect not done at all. Mayor hirkham said that they need the temporary easements aad asked the Council what their determination would be if they cannot get them Councilman Liebl asked how many properties were involved and how many had been sent back The City Engineer said there were about 8 properties involved and rione of them had sent the easements back. Mayor Kirkham said that this pro�ect should be completed if it is at all possiUle to get the easements Councilman L�ebl said that the Council had taken action previously and had approved the pto�ect. The City Engineer said that the Laterals are in and the people do not seem to be clear on the fact that 90% of the money �s aLready spent and the assessment will change very litte, He said that it would not make sense to damage the road, incurring extra cost which wi11 have to be paid by everyone. A visitor asked when they would propose to start Lhe actual pro�ect. The City Engineer said that if they could get the easement they could start the next day. Mayor Kirkham said that any damage to the property would be repaired. p visitor asked if they could complain if they were not satisfied. Councilman Lieb1 said that on the construction on 61st Avenue, the City Engineer had considered every drive- way and had gone to the people to see if they were satisfied. He said that if it was not done satisfactorily, they could see their Councilman. REGIILAR COUNCIL MEETING, JULY 17, 1967 BIDS - ST, 1967-10 (SEAL COAT) BIDS OPENED NOON, JULY 10, 1967; Page 8 The Acting City Manager explained that these bids were for sealcoating and that the low bidder had been Allied Blacktop Company. The City Engineer said that this was the contractor iaho had done the work last year, and this bid was lower than their bid of last year. PLANHOLDER BID SECURITY BASE BID COMPLETION DATE Allied Blacktop Co. 2900 14th Avenue So Minneapolis, Minn. Dunkley Surfacing Co 3756 Grand St. N E. Minneapolis, Minn. C. S. McCrossan, Inc Rt. 2, Box 322 Osseo, Minnesota Bid Bond 5% Fidelity & Dep. Co. Bid Bond 5% United Pacific Insurance Co. Bid Bond 5% Great American $12,375.00 - $13,090.00 $14,960.00 August 31, 1967 Sept, 15, 1967 Sept. 15, 1967 MOTION by Councilman Liebl to award the bid to A11ied Slacktop Company, 2900 - 14th Avenue South, Minneapolis, Minnesota, in the amount of $12,375.00 with a completion date of August 31, 1967 Seconded by Councilman Samuelson. Upon a voice vote, there being no nays, Mayor Kirkham declared the motion carried. BOARD OF APPEALS MEETING MINUTES, JULY 5, 1967; l. PUBLIC HEARING ON A REQUEST FOA A VARIANCE FROM SECTION 45.26, CITY OF FRIDLEY, MINNESOTA 1963, REVISED DECEMBER 31, 1964, BY WAIVER OF FRO. YARD SETBACK REQUIREMENT FROM 35 FEET TO 24 FEET IN ORDER TO SCAEEN PAR AREA FROM ANNA AVENUE BY USE OF GARAGES AS SCREEN WALL ON LOTS 3 AND 4, BLOCK 2, HAYES RIVER LOTS, ANOKA COUNTY, MINNESOTA, SAME BEING 5940 - 5 ANNA AVENUE NORTHEAST, FRIDLEY, MINNESOTA, TO FERMIT CONSTRUCTION OF AN UNIT GP.RAGE. (REOUEST BY .TAMES NELSON COMPANY, 7601 WAYZATA BOIILEVARD, Councilman Harris reminded the Council that these plans had been reviewed before they went to the Board of Appeals. MOTION by Councilman Harris to concur with the Board of Appeals and grant the variance. Seconded by Councilman Samuelson. Upon a voice vote, there being no nays, Mayor Kirkham declared the motion carried. MOTION by Councilman Samuelson to receive the remaining minutes of the Board of Appeals Meeting of July 5,�1967. The motion was seconded 2.nd upon a voice vote, there being no nays, Mayor Kirkham declared the motion carried. SOTA 1 REVISED DECEMBER 31, 1964, BY 35 PEET TO 26z FEET TO PERMIT NG ARCA ABOVE ON LOT 10. BLOC TERRACE PLAT 4, ANOKA COUNTY, MINNESOTA, SAME BEING NORTHEAST, FRI➢LEY, MINNESOTA. (REQUEST BY GERALD G STREET NORTHEAST, FRIDLEY, MINNESOTA 55432): 26_ CITY CODE RICE 1 � � REGULAR COUNCIL MEETING, JULY 17, 1967 Page 9 � The Acting City Manager said that when this had been originally requested, they had requested a variance from 35 feet to 28 feet which had been granted 6y the Board of Appeals at their meeting of June 29, 1967, but now they are requesting the variance be from 35 feet to 26z feet. He said that Mr. Ingaldson has the signatures of seven neighbors who do not ob�ect. , MOTION by Councilman Liebl to grant the requested variance from 35 feet to 26z feet as requested by Mr. Gerald G. Ingaldson. Seconded by Counczlman Samuelson. Upon a voice vote, there being no nays, Mayor Kirkham declared the motion carried, BUILDING STANDARDS - DESIGN CONTROL SU&COMMITTEE MEETING MINUTES, NLY 11, 1967: 1. CONSIDERATION OF A REDUEST FOR A MOVING P�RMIT TO MOVE A HOIISE ONTO �3Y MR. & NII2S. GEORGE FROID. 445 IRONTON STREET NORTHEAST MOTION by Councilman Harris to concur with the Subcommittee and deny the request Seconded by Councilman Sheridan. Upon a voice vota, there being no nays, Mayor Kirkham declared the motion carried. MOTION by Councilman Harris to receive this recommendation and refer it to the Board of Appeals for the necessary variance. Seconded by Councilman Samuelson, Upon a voice vote, there being no naqs, Mayor Kirkham declared the motion carr�ed. 3. REVIEW OF CHARLES STREET 52-UNIT APARTMENT COMPLEX. R�QUEST SY MOON CORPORATION,,6225 UNSVERSITY AVENUE NQZTHEAST, ERIDI�Y, MINNESOTA; The City Engineer said that this has been before the Council for approval before, and he felt Chat a decision should be made on where the street will be and what kind of access there wi11 be to Chase's Island. He said that there wi11 be another complex of buildings nearby and the street pattern and where access to East Aiver Road will be, should be set up. The City �ngineer showed the Council a map of the area. Councilman Harris said that he had dz;cussed this with the County and also signalization, IIe said he felt there should be a discussion on where the signal lights wi11 be, as rt would be foolish to set a street pattern and find that there cannot be a light there. He suggested that this be returaed to the Engineering Depart- ment so they could come up with tentative signalized crossings from I-694 tu the northern extremet�es. He said he would explain to them what dis- cusslon he had had with the County. The City Engineex said they also ' should discuss a 25' dedication. He said they expect to get the second half of the dedication from the school. He said he thought the school was wi111ng to give the dedication but they do not want any assessments Councilman Harris said the City can take 25' and if they cheuae not to use it, fine. He said he thought they would prefer access at the south end of the school property to the island. The City �ngineer suggested they could ask for a 30 foot easement, and even if they did not get a dedication from REGULAR COUNCIL MEETING, JULY 1�, 1967 Page 10 the school, they would have enough. Councilman Harris asked Mr. Sulkowski if he would be willing to give a 30' dedication on the north side of his property. Councilman Harris said they would not change the requirements for the apartment units, but this would guarantee the City a street in there. Mr. Julkowski said that this would be all right and stated that he would give the 30' dedication. Councilman Harris said that this wi11 be needed for access, but it wi11 not have to be run all the way at present if it is not needed. MOTION by Councilman Harris to concur with the recommendation of the Building Standards - Design Control Subcommittee upon the receipt of a dedication of 30 feet on the north side of the property for street purposes. The motion was seconded and upon a voice vote, there being no nays, Mayor Kirkham declared the motion carried. 4. CONSIDERATION OP CONSTRUCTION OF 11 - 42 (462 UNITS) ON THC PROP�RTY KNOWN AS A1 LYNWOOD_MANOR NURSING HOME AND ACROSS 7 800 BOX AT 1312 Mr. Filister, owner, and Mr Cooperman, architect, were present at the Council Meeting Mr. Filister said that according to the Fridley code incinerators are permissible in apartments, but the code does not state what kind, He said xhat they propose to use a Goddard Fluefed Incinerator which they have used before and which are used a11 over the City of Minneapolis, but the Fire Inspector and Health Inspectox do not like this type. IIe said he would not use rubbish barrels and he would not build if they are required. Mayor Kirkham asked what the inspectors did not like about the incinerator. Mr. Filister said the Fire Inspector said it was possible Eor them to plug up, and this was true with part- time caretakers He said that they burn their own garbage and have strict caretakers, and that at no time in 20 years in real estate has he had any problem with the chute type. Couacilman Harxis said he could get in touch with the Suilding Inspector, Fire Inspector and City Attorney to resolve this particular problem. Mr. Filister said the code says they can be used, and it is a matter of definition on what kind. He said he holds to one kind and the Fire Inspector to another type, and he wants to know if he can put in the incinerator as described. Councilman Liebl said that the City has been plagued with incinerator problems and they are considering rewriting the code. Mayor Kirkham said he thought the Couacil needed a written report from the Fire Inspector. Mr. Filister asked when the Council met again and was told August 7, 1967. Mr. Filister said that by then he would have to drop the plans as he must close the deal with Studebaker by the 25th of this month. Councilman Sheridan asked what the Inspectors would like to have. Mr Pilister said they would like garbage cans outside and that he did not agree. He said they ob�ected to the Goddard Incinerator hecause it was a flue type and felt it could plug up, but that would only happen with a part-time caretaker. The City Attorney asked Mr. Filister if the Inspector had not suggested an alternate type. Mr. Filister said they suggested a double flue with a multiple chamber. The City Engineer said that he had been at a meeting with the Inspectors and this was an incinerator witli a double pipe so there was no chance to start a fire in the flue, but Mr. Filister felt it was too expensive. Councilman Sheridan pointed out that Mr. Filister had mentioaed no suggestion other than garbage cans previously, He said that the Council goes by their staff, � ' � REGULAR COUNCIL MEETZNG� NLY 1%a 1967 Page ll � and the Health Inspector is the finest in the State as is the Fire Inspector, and the Council goes on theiz' xecommendation If they are asked for a recommendation., he presumes they will come back with a recommendation. Councilman Lieb1 said that Che Council has to be concerned wiCh the health and safety of the occupants and it is important that they have a good installation. Mr Filister said he was equally as concerned as he would not have a successful building if there were no health and safety standards. iie said they had been allowed to put this incinerator in in Golden Valley. Councilman Liebl said that he wauld like Yo see one of the apartment build- ings. Mr. Filister said he would be very happy to have him see one. Mayor Kirkham said that the Council was having a Special Meeting on 7uly 24, 1967 and the Council could give Mr Fillster a decision at that time one way or another. MOTION by Councilman Samuelson to table consideration of the construction of the apartment complex as requested by Maurice Filister to the meeting of July 24, 1967 for a report from the Fire Inspector and Building Inspector regaxding the two types of incineretor units, the Goddard ELuefed Incinerator and the dou6le flue with multiple chamber incinerator. The motion was seconded and upon a voice vote, there being no nays, Mayor Kirkham declared the motaon carried. 'Che Council looked at the plans for the apartment complex. The architect said the courts of the buildings overlook the river, there will be � recreatlonal facilities, maxina boat landing, olympic size pool and picnic area, and they will leave the land as aatural as possible Councilman Samuelson asked about the land building ratio. The City Engineer said Chat it was adequate when figured to include the land up to the water 1ine. The architect also showed the plans of one of the buildings, which he said was a typical layout of 1-bedroom apartments. He said the buildings will be three stories high, and each wi11 have their own elevatar and security system. Councilman Liebl asked how many apartments there wi11 be Mr. Filister said there would be 30 one-bedroom apartments and 12 two- bedroom apartments per building. He explained where the driveways and parking wi11 be, and also the proposed garages. He was asked about the storage for each apartment. Mr. Filister said Lhat the proposed lockers wi11 have 18 square feet of storage and will not meet the required 40 square feet. Mr. Cooperman said that there wi11 be storage in the garages. Councilman Harris asked if there was any way to improve on the storage. Mr. Filister said there was no way. The City Engineer said he was given to believe there would be lst floor storage for bikes and so forth, comparable to the code. Mr. Filistex said these would be additional storage, but not 22 squ�re feet addrtional. There was a discussion oi floor to ceiling lockers, the additional cost if he had to construct another building for storage The Council pointed out that they have been adhering strenuously to the code and 18 square feet was very short Councilman Liebl suggested they leave the plans here to be discussed in detail and the Council could give them an answer at the next Council meeting He also � asked about the balconies. Mr Filister said they were not sure abouY the balconies and these had been left as optional so they would be an alternate bid. Councilman Harris asked if the garage plans were drawn The architect said they were not, but when asked, said a sketch could be available on Ju1y 24, 1967. Counci'_man Harris suggested that on July 24th, they go over these plans again, and he thought the architect should have some kiad of sketch on additional storage. He said that this is our code REGULAR COUNCIL MEETING, SIILY �.7, 1967 Page 12 and the Council has been very stringent on this and would be remiss if � they did not require sufficient storage. He said thEs City has found that tahen they did not have this type of ordinance in the code, they received a number of complaints about the lack of storage. MOTION by Coun�ilman Harris that additional information necessary to�make a determination on these items be available for a meeting on Ju1y 24, 1967. Seconded by Councilman Samuelson, Upon a voice vote, there being no nays, Mayor Kirkham declared the motion car'�ied, The Council requested that Mr. Filister leave his plans. Later in the meeting, Mr. Filister invited the Council to visit his apart- ment buildings in Golden Va11ey. The Acting City Manager was to inform him when the ma�orrty of the Council would be able to get together to view them. OF ALTERATIONS AND ADDITIONS FOR 6301 T. H. �k65 NORTHCAST, FRIDLEY, MINNESOTA. (LOT 9 AND PART OF BLOCK 1, MOORE LAKE HIGHLANDS, 3RD ADDITION. REQUEST BY RICHARD W 1589 ROSPLAWN, ST, PAUL, MINNESOTA; The Acting City Manager said that the alterations and additions they propose are sYmilar to the improvements to the Texaco Station on University Avenue. FIe said there is a fence on the east side put up bq the neighboring residents. Councilman Samuelson questioned requesting site preparation The Council discussed a possible planting strip and decided they would like an opportunity ' to look at this property � MOTIQN by Councilman Samuelson to table consideration of alterations for the service station uatil the Speczal Meeting of July 24, 1967. Seconded by Councilman Harris. IIpon a voice vote, there being no nays, Mayor Kirkham declared the motion carried. PLANNING COMMISSION MEETING MINUTES, JULY 13, 1967; 1. CONTINiTCD REZONING REQUEST: ZOA -0�67-04, S& S INVESTMENT COMPANY REPRESENTE➢ BY WILLIAM SHAW: Lots 1-6, Carlson's Summit Manor Annex 2nd Addition to be rezoned from R-l�to R-3A. Councilman Liebl said he would like to see this property on a tax-income base and at present they are empty lots that the City is trying to clean up to improve the image of the Crty. He said that the people have indicated they are opposed to a 24-unit apartment building, but would favor 6-unit apartment buildings, and three could be built with sufficient parking spaces. Councilman Lieb1 said he would recommend that a compromise be worked out between the people in the area and the builders. Councilman Liebl asked Councilman-at-large Harris and Mayor Kirkham their opinions on this matter. Councxlman Harris said that Mr. Shaw had requested a Public Hearing be set and this was his prerogative, MOTION by Councilman Harris to set a public hearing on rezoning request , ZOA ��67-04 as requested by S& S Investment Company, represented by William Shaw, for August 14, 1967 Seconded by Councilman Samuelson. Upon a voice vote, Councilman Liebl abstaining, Mayor Kirkham declared the motion carried. Mr. Jack Velin, a visitor to the Council Meeting, said he did not like to see this item postponed Councilman Harris said that it was Mr. Shaw's determination to ask for the Public Hearing and he was willing to spend REGULAR COUNCII, MEETING, JULY 17, 1967 Page 13 � the money for the hearing, and the Council could not deny this. Mayor Kirkham said that he was inclined to agree with Councilman Liebl from the knowledge that he had so far. 2. VACATION REQiTEST: SAV ��67-03, ROBERT MINDER - VACATION OF CHARLES STREET BP�TWEEN ANNA STREET AND MISSISSIPPI RIV�R; Councilman Harris said that this request should be studied aiong with the proposed street pattern off East River Road, which had been discussed earlier in the meeting. The Acting City Manager asked if a Public Hearing should be set. The Council said that it should not be set yet MOTION by Councilman Samuelson to receive the Minutes of the Planning Commission Meeting of Ju1y 13, 1967. Seconded by Councilman Sheridan Ugon a voice vote, there being no nays, Mayoz Kirkham declared the motion carried. SIGN PEAMIT - VERN DONNAY HOMES: It was explained that this permit was for a sign to replace one blown down �n a wind storm. Mayox Kixkham asked if the sign had been totaLly destroyed. Councilman Samuelson said it had been. Mayor Kirkham said that in that case, it is � a new sign and must meet Che sign ordinance. Councilman Harris said he had discussed this with them and originally the sign had been 16 x 40, t�ut now it will be 14' off the ground and not over 400'. MOTION by Councilman Harris to approve the sign permit as requested by Vern Donnay Homes. Seconded by Councilman Liebl Upon a voice vote, there being no nays, Mayor Kirkham declared the motion carried � A MOTION by Councilman Samuelson to adopt Resolution ��133-1967 Seconded by Councilman Harris. Upon a voice vote, there being no nays, Mayor IZirkham declared the motion carried Councilman Harris requested that the Finance Director forward any correspondence the City has regarding the building permit for D.W. Onan to Ehlers and Associates, Inc. for their presentation so the bond people will know that D. W. Onan has made a committment. CHANGE ORDER 4�1 - SS��S7 - ELY STREET AREA; MOTION by Councilman Liebl to concur with the recommendation of the Consulting Engineer and approve Change Order �kl - SS�if87. Seconded � by Councilman Shexidan. Upon a voice vote, there being no nays, Mayor Kirkham declared the motion carried. CHANGE ORDER �'�3 - SW&SS�k79 - ADDITION OI' STORM SEL7�R ON 64 z AVENUE NORTHEAST: MOTION by Councilman Harxis to concur and approve Change Order i�3 - SW&55��74. Seconded by Councilman Samuelson. Upon a voice vote, there being no nays, Mayor Kirkham declared the motion carried. REGULAR COUNCIL MEETING, 7IILY 17, 1967 Page 14 RESOLUTTON ��134-1967 - ORDER7NG PRELIMINARY PLANS AND SPECIFICATIONS - ' 64T1I AVENUE NORTHEAST: Councilman Harris asked if the State had been surveying 64th Avenue this afternoon. The City T'ngineer said that they have been doing it for quite awhile. Councilman Harris asked why the City has a resolution ordering Plans and Specifications if the State is doing the work. The City Engineer said that this was the normal procedure to go through if the City is to assess any of the pro�ect. MOTION by Couacilman Harris [o adopt Resolution �'k134-1967. Seconded by Councilman Liehl. Upon a voxce vote, there being no nays, Mayor Kirkham declared the motion carried. RESOLUTION �k135-1967 - RECEIVING THE PRELIM2NARY REPORT AND CALLING A PUBLIC HLARING ON SHE MATTER OF THE CONSTRUCTION OF CERTAIN IMPROVEMENTS - STREET IMPROVEMENT PROJECT - 64TH AVENUE NORTHEAST: MOTION by Councilman Harris to adopt Resolution ��135-1967. Seconded by Councilman Samuelson. Upon a voice vote, there being no nays, Mayor Kirkham declared the motion carried. RP,SOLUTTON r'k136-1967 - APPROVING TURN LANES ON T.A. 4�47 AND T,H. ��65: The Crty Engineer said that the maps had been shown to the Council at the last meeting He briefly reviewed where the turning lanes to be approved � were located MOTION by Councilman Sheridan to adopt Resolution y'�136-1967. Seconded by Councilman Samuelson IIpon a voice vote, there being no nays, Mayor Kirkham declared the motion carried. RESOLUTION 4k137-1967 - REQUESTING ANOKA COUNTY COMMISSIONERS TO DESIGNATE 73RD AVENUE AS A COUNTY ROAD AND IMPROVE IT: MOTION by Councilman Samuelson to adopt Resolution yk137-1967. Seconded by Councilman Liebl. Upon a voice vote, there being no nays, Mayor Kirkham declared the motion carried. Councilman Harris requested that the Acting City Maaager forward this resolution to the County Commissioners for their meeting the next day. FOiINDAT20N PERMIT - ONAN COMPANY; Councilman Harris said he understands that this is the largest building permit ever issued in Anoka County and he stated the Permit Fee is in the amount of $20,523.SD for the Press's information. The City Engineer showed the Council a colored picture of the proposed company and the plans. He said that the office building will have 3 stories, another building in front will be one story and one in back will be 2 stories. tIe said they will have winding roads to protect the natural beauty and , there is a proposal being considered for a fountain. MOTION by Councilman Harris to approve the Foundation Permlt for the D. W. Onan Company. Seconded by Councilman Samuelson. Upon a voice vote, there being no nays, Mayor Kirkham declared the motaon carried unanimously REGULAR COUNCIL MEETING, JULY 17, 1967 Page 15 � The City Engineer said that the Onan Company wi11 Ue putting in extensive storm sewer work and the City wi11 work with them on this. Councilman Lieb1 asked if there wi11 be any problems when they hook onto N.S.S,S.D. Councilman Harris said that they wi11 hook on directly. The City Engineer said that at this time the City has issued a foundation permit and by August 15, 1967, the City wi11 have received thelr complete set of plans. � CLAIMS: MOTTON by Councilman Liebl to approve General and Public Utilities Claims ,��12268 through �k12375 and Liquor Claims �f1275 through �F1316. Seconded by Councilman Samuelson. Upon a voice vote, ehere being no nays, Mayor Kirkham declared the motion carried. ESTIMATES• D. M. Noyes Construction Company General Contractors 100 West FrankLin Avenue Minneapol7.s, Minnesota Eridley Civic Center - Certificate No 7 (6-30-67) for period from June l, 1967 to June 30, 1967 Tri-State Drilling and Equipment Company 16940 Highway 55 West Wayzata, Minnesota Emergency Work - Well and Pump No. 1 C. 5. McCrossan Company, Inc. RouCe ik2, Box 322 Osseo, Minnesota Estimate 9�4 - Street Improvement Pro�ect No. ST.1966-6 accoXding to contract (Commerce Park) Partial Comstock & Davis, Inc. Consulting Engineers 1446 County Road "J" Minneapolis, Minnesota 55432 For the furnishing of resident inspection and resident supervision for the staking out of the construction work for: Estimate �'�1 - Watex Improvement pro�ect � No. 75-G from June 5, 1967 through Ju1y 1, 1967 (Fencing and Landscapiag - Area of Commons Park, Filtration Plant, and Reservoir) Estimate �k3-Melody Manor Park Improvement Pro�ect No, P-1 from June 5, 1967 through Suly 1, 1967 $ 24,330.00 $ 4,040.50 $ 10,828.32 $ 455.00 S 55 00 REGULAR COUNCIL MEETING, JiILY 17, 1967 Estimate y'k2 - Water Improvement Pro�ect No, 83 from June 5, 1967 through Su1y 1, 1967 (Tank Repair - 1z Million Gallon _ Reservoir - 5290 Johnson Street N. E.) Estimate 4F5 - Storm Sewer Improvement Pro�ect No. 5-C from Sune 5, 1967 through Suly 1, 1967 (Laterals west of University and north of T.H. ik10D - Sylvan Hi11s area) Estimate 4�3 - Sanitary Sewer, Water & Storm Sewer Improvement Pro�ect No. 84 from June 5, 1967 through ,Tuly 1, 1967 (Baker Avenue between Osborne Road & 75th extended east, Onondaga between Central and Stinson, etc.) Estimate �k9 - Sanitary Sewer, Water & Storm Sewer Improvement Pro�ect No. 79 from June 5, 1967 through ,Tu1y 1, 1967 (Commerce Park, Swanstrom Court, etc ) Estimate �'k5 - Street Improvement Pro�ect No. ST.1966-5 from October 1, 1966 through June 30, 1967 (Innsbruck Sth) Page 16 � $ 10.00 $ 921.00 $ 130.00 $ 115.50 $ 445.50 MOTION by Councilman Samuelson to approve the above listed estimates. The motion was seconded by Councilman Liebl. Upon a voice vote, there being no nays, Mayor Kirkham declared the motion carried. ESTIMASE - MINNESOTA HIGHIJAY DEPARTMENT: The Acting City Manager said that he would suggest that they pay this estimate and if further estimates are received this year, they could be handled at a later date. MOTION by Councilman Harris to concur with the Acting City Manager and approve the following estimate; State of Minnesota Department of Highways St. Pau1, Minnesota 55101 Invoice No. 1(Final) - Work performed under Agreement No. 54432 on SP 0207-15 - TH 65 - Contractor: Collins Electric Co. Contract No. 12043 - Full Traffic Actuated Control Signal System Crty's Share; 50% of Construction Cost PZus 6% Engineering Per Agreement: Tota1 This Invoice Unit Price Amount $ 22,617.00 The motion was seconded by Councilmaa Lieb1. Upon a voice vote, there Ueing no nays, Mayor Kirkham declared the motion carried, $11,308.50 678.51 $11,987.D1 , � � � � REGULAR COUNCIL MEETING, .NLY 17, 1967 LZCENSES• MOTION by Councilman Harris to approve the following licenses: CZGARETTE: Norm's Ia 'N Out Food Market 7449 East River Road N. E. Fridley, Minnesota DELIVERY TRUCK• Sunshine Biscuits, Inc. 2335 Nevada Avenue t2inneapolis, Minnesota "OFF SALE": 2dorm`s Ia 'N Out Food Max4cet 7449 East River Road N. E. FYidley, Minnesota GENERAL CONTRACTORS: Leo Huot Construction 7723 Groveland Road N[inneapolis, Minnesota Meldan Builders, Inc, 6333 Georgia Avenue North MinneapoLis, Minnesota by: Norbert 0. Newton by: A. C. Tooker by; Norbert 0 Newton by: Leo Huot by: M. K. Pearson New New Page 17 The moCion was seconded by Councilman Lieb1. Upon a voice vote, there being no nays, Mayor Kirkham declared the motion carried. SITE PLAN - CITY HALL, BENNETT BUILDING, PSID GARAGE: The City Engineer said that Councilman Samuelson felt there should be an overall site plan for City Hall so that whatever is done now will fit in He showed the Council a plan of what they are suggesting and said that Councilman Samuelson had worked closely wzth them on this. He said that at present Chere are three buildings in the way The City Engiaeer said they felt that no cars should be parked close to the building to detract from it and that Councilman Samuelson had suggested another access Councilman Samuelson said that the Council should come to some decision on the existing buildings so the site can be cleaned up as soon as possible, He suggested that the metal shed be given to the Park Board and they can relocate rt wherever they want it. Councilman Harris asked when the house on the corner was to be moved. The City Engineer sazd that it was supposed to have been moved ,7uly 15th. Mayor Kirkham suggested they be notified that it be moved or forfert their $150 and then readvertise the building Councilman Harris asked if they can be forced to move the house that they have bought The City Engineer said that the City could resell it and bring action for the difference if they cannot se71 it for as much MOTION by Couacilman Harris thati the City Attorney direct a letter to the purchaser of the Oman house that unless it is moved Uy August 1, 1967, it wi11 be readvertised and the purchaser will gay the difference between his REGULAR COUNCIL MCETING, �iJLY 17, 1967 Page 18 price and the sale price. Seconded by Councilman Lieb1. Upon a voice vote, there being no nays, Mayox Kirkham declared the motioa carried. The Council discussed teaxing the o1d garage down. Councilman Samuelson suggested the Administration advertise the Bennett Building for sale. The Council discussed the market value and whether it was worth the money to advertise it. The Council decided to give the parks a�chance to look at it and see if they could use it. Councilman Samuelson suggested that the Administration talk to the owner of the Northwestern Bell Telephone Company to see if they would paint the side of their building. The City Engineer said that they would like approval of the site p1an, and although this would be the total plan of what is to be done, it would not all have to be done at once MOTION by Councilman Harris to concur with the general overall site plan for the Civic Center. Seconded by Councilman Samuelson. Upon a voice vote, there being no nays, Mayor Kirkham declared the motion carried Councilman Samuelson requested that information on sizes, heights and prices for a flag pole be available by the next meeting. Councilman Harris requested that the Administration contact the arChitect about a plaque to be installed for the dedication of the building. The City Engineer stated that the City does not have the dedication for the east half of Sth Street and he is having trouble getting hold of the owners because of vacation. He reminded the Council that they had requested a lot split and the Planning Coimnission had denied it because there was no total plan. MOTION by Councilman Samuelson to authorize the City Attorney to start negotiation or condemnation proceedings. The motion was seconded and upon a voice vote, there being no nays, Mayor Kirkham declared the motion carried. The City Attorney asked the City Engineer how soon they would need the easement to commence with the construction. The City Engineer said they should have it by August 15, 1967. LOWER LEVEL USAGE IN NEW CITY HALL - LIBRARY - POLICE: Councilman Samuelson said that some provision has to be made for the library and the Police Department, He said that he was firmly convinced that the library should be finished and the Police Department moved to the new building. Councilman Liebl said he was in favor of the Police Department being in a permanent place so that they wi11 not have to be moved again. Councilman Harris said that it seems that the quotation received for the floor and ceiling is equal to the rental the library is paying so he felt that 1/2 the basement should be ordered in for the library at this time. Mayor Kirkham said he thought it was important to decide about the Police Department if the Council is going to spend any money on remodeling this present building. Councilman Samuelson said he would agree because if the Police can be moved from the lower level the cost of remodeling the basement becomes nil. Councilman Harris said he was under the impression that when the offices are moved to the new building, the Police would utilize the upstairs and would not use the downstairs. Councilman Samuelson said it was his understaading that it would be a two level operation. Mayor Kirkham said that they would still have to have the ceLls. Councilman Samuelson said that the building will sti11 need fire , � � REGULAR COUNCIL MEETING, NLY 17, 1967 Page 19 � protection upgrading but there would be no extensive remodeling down below Councilman Harris said that funds are very cLose to what the Council is committed to, and his moYion at a previous Council Meeting on site prepara- tion would take $20,000 which would use the money in its entirety Council- man Sheridan said he had assumed that the remodeling would be worked out over a couple of years as a budgeted item and he thought the remodeling was to be minimal. He said thaC if the Police Department could be moved for the same money this would be fine, but if they would be spending far in excess, then the Council should take a second look. Councilman Harris said the Council must take into account how the money wi11 be disbursed, and some money wi11 be needed fox capital investment in the aew buLlding Councilman Sheridan said that some things wi11 have to be in next year's budget Councilman Harris said that they are talking a lot of money for the budget for one year as he did not think there would be anything Left in the bond issue. He said that they are talking about 3 cells so there would be a$30,000 to $40,000 budgeted item for cells. Mayor Kirkham said that there were too many assumptions on cost and the Council should get closer estimates in dollars and cents. He said he did not feel right about spending the money for remndeling if they wi11 be moving anyway. Councilman Harris said it had been his opinion that they would not spend any money the first year if they did not have to, hut if it has to be spent, then he would agree. The Council discussed getting additional figures. Councilman Samuelson said that he would get the flgures. � The Council discussed the library and agreed that the south side of the basement would be satisfactory for their purposes. MOTION by Councilman Harris that a Change Order be executed compLeting the floor and ceiling Ln the south basement area (Axea B-13), and that the library be notified that space will be availaUle by the 1st of October or earlier. Seconded 6y Councilman Samuelson. Upon a voice vote, there being no nays, Mayor Kirkham declared the motion carried. PROGRESS REPORT ON iINIVERSITY AVENUE NORTHEAST INTERSECTION AND ON STH STREET NORTHEAST: The City Engineer reviewed the right-of-way details. He said he was under the impression that the deed wi11 be in the City Attorney's o£fice in the morning. He said that the City has beea promised the plans by the first week in August, and they have been pushing them as the City wants it fiaished when the City Ha11 opens, He said the Layout and grade is figured, and once they get the plans and the agreement is executed with the State, it can be done. He sald that if they can get the acquisition he could have someth2ng for the Council by August 7th or August 14th. COMMUNICATIONS• � (,A) SCHOOL DISTRICT �k14: REPLACING CURB ON 61ST AVENITE NORTHEAST: MOTION by Councilman 8herldaa to receive the letter from School District No. 14 aad use it as the authozization to fill theix request regarding removing and replacing the curb and repaving a portion of the lot for property drainage. Seconded by Councilman Liebl. Upon a vo�ce vote, there be�ng no nays, Mayor Kirkham declared the motioa carried. REGULAR COUNCIL MEETING, JULY 17, 1967 (B) SCHOOL DISTRICT ��14: EASEMENT ALONG ARTHUR STREET NORTHEAST: Page 20 Councilman Sheridan asked if we needed a deed for this easement. The City Engineer said that the pro�ect is already in, but it is safer to have the deed in our hands and in the records. MOTION by Councilman Sheridan to receive the communication from School District 9k14 and request the Administration to forward the deed for the District's execution. Seconded by Councilman Samuelson. i)pon a voice vote, there being no nays, Mayor Kirkham declared the motion carried. (C) CITY ENGINEER: F�NCE & BAIDGE ON T.H. ir`47; Councilman Lieb1 requested that for the information of the people from this district this letter be read Mr. Fitzgerald, 5273 Horizon Drive Northeast, said he was the only one present and he had read the letter He said that the people are concerned because the State is ready to put in the school signal light and they do not feel that this will be safe He said there is no traffic light at 53rd now. Mr. Fitzgerald said that the State is still talking about a bridge and asked why they are going ahead with the light at a cost of $10,000. He said that he had received a Letter from Senator Nyquist and that there was no question in their minds about the bridge, but �ust a cost sharing question, so he thought everything was progressing toward a foot bridge. Mayor Rirkham pointed out that bids had been 1et on these signals as early as the first time a bridge was discussed There was a discussion about where the signals will be placed, the cost, cost sharing, fencing along the highway, and the fact that the children wi11 not be bussed if the light is put in. Mayor Izirkham said he was only guessing on why they were putting the light in, but they may feel a need for some protection for the children in the meantime. Councilman Harris said that the Council should not let up on the matter of the footbridge and as soon as a determination is made, it should be brought before the Council immediately. Mr. Fitzgerald said that he thought that whether the State has a policy depends on how many calls they get. Councilman Liebl said he had suggested the Council send the State a resolution, but the City Engineer said that it was not necessary, but Councilman Lieb1 said he felt they would get results if they kept bothering them. The City Pngineer said that he is in constant contact with Highway District ik5 and he will let the Council know as soon as they find out. The City Attorney said that contacting the 1oca1 legislators could be effective. Councilman Harris suggested that the resolution passed previously be sent to all the legislators if it had not been done. Councilman Harris said if the resolution has been sent, another one could be sent to the legislators saying that we have received no reply to our resolution and ask them to do what they can to follow up and expedite this matter. (D) NORTH SUBUABAN SANITARY SEWER DISTRICT: SEWER CONNECTION - AGREEMENT: Councilman Sheridan explained that these letters explain the resolution they want the Council to adopt. He said he had explained to them that if the City connected now, there would be no charges as this was open land and no dlfferent than any other member hooking up lateral lines, and that the City wi11 not know how many connections there will be until permits are issued. Councilman Harris suggested the Council let the District know � � � REGULAR COUNCIL MEETING, JULY 17, 1967 Page 21 � that the City wi11 collect when something goes in. Councilman Sheridan said he had made the comment that the Council feels the City should be able to hook up, and the attorney indicated he saw no reason why we could not, He sa�d that the determination of the Court on the agreement wi11 take pxecedence as to the terms of payment, but the rest of the Boasd went ahead with this resolution. Councilman Harris asked what would happen if they made it on a temporary basis as long as there is no effluent. Councilman Sheridan said that if they made it on a temporary basis, the District would want to know fox how long and at the end of that time say that it must e�ther be put on a permanent basis or get off. He said he did not agree witti their inter- pretation as far as a temporary basis. He felt it could be a temporary basis until there was a need for the capacity for other people within the District, and at that time a determination could be made, but the District has given the Council notice to make this determination now, He said that Mel Christensen feels the Distnct does not have to have a need, but could request they get off in a years time from the notice. Councilman Harris suggested the Council ask for a two year temporary hookup and at the end of that time, the Council wi11 know where they stand. Councilman Sheridan questioned whether the Council would be impeding the court action if they acted on the resolution The City Attorney said that they could add that they are not waiving any claiui as to the City's original interpretation. Councilman Sheridan said that the Board said that if the � resolution was adopted by Fridley, the permit would be granted and it could be constructed immediately, but if the resolution was redrafted, iC would have to go back to the Board. The City AtCorney asked Council- man Harris what Che time limit on the connection was_ Councilman Harris said September or October at the latest. Councilman Sheridan felt the members of the District Board would be reasonable as far as this was concerned, as industry moving in helps everyone. T'he City Attorney said that the suggest�io❑ for a three year temporary basis would offer plenty of safeguard to assure that the court action would be completed, and if the City's position is upheld, it could be made a permanent connection at a later time Councilman Harris asked about any construction started or contemplated as the City is 35% indebted for each project awarded Councilman Sheridan said there was only one, a connection to Lino Lakes and that may not traaspire for some time. Ae said that it may be well for the Council to voice ob�ection to any new construction until t-he agreement is resolved The Council decided to insert the word "temporary" in the Resolution and the City Attorney said he preferred some time to work on the wording and would have it for the agenda of August 7, 1467. MOTION by Councilman Harris to refer the Resolution regarding the Fridley- � North Suburbaa Sanitary Sewer District Sewer Use Agreement to the AdminisCration for changes and request that it be brought back for the Regular Council Meeting of August 7, 1967 Seconded by Councilman Samuelson Upon a voice vote, there beln�g no nays, Mayor Kirkham declared the motion carried. REGULAR COUNCIL M��TING, JULY 17, 1967 Page 22 (E) 5 C. SMILEY, ARCHITECT: ROOM EB35 - CIVIC CENTER: � It was explained that the Council had discussed using this tunnel area as storage space and had asked for a cost breakdown. MOTION by Councilman Samuelson to execute a Change Order to do the proposed work in Room EB35. Seconded by Councilman Sheridan. Upon a voice vote, there being no nays, Mayor Rirkham declared the motion carried. (F) MOON CORPORATION: TERRYS ADDITION ESCROW: MOTION by Councilman Samuelson to deny this request. Seconded by Council- man Lieb1. Upon a voice vote, there being no nays, Mayor Kirkham declared the motion carried. (G) PARK DIRECTOR: LAND AND WATER ACT - MELODY MANOR: MOTION by Councilman Liebl to receive this communication from the Park Director._ Seconded by Councilman Sheridan. Upon a voice vote, there being no nays, Mayor Kzrkham declared the motion carried, (H) �VANS MICHAUD, COOLEY, HALLBERG & ERICKSON; STATE OF MINNESOTA: TARG�T STORE - S�WP,R PIPE GASKET: MOTION by Councilman Sheridan to receive the communications fxom the Consulting Engineers and from the State of Minnesota. Seconded by Council- � man Liebl. Upon a voice vote, there being no nays, Mayor Kirkham declared the motion carried. The City Engineer said they had checked with a number of communities and there was no strong feeling either way, and they felt that as long as they had the letters from the communities they could let them proceed using the Ty-seal Neoprene gasket on the underground sewer work, 6ut he felt the Council should be aware of it and approve it before they are allowed to continue. MOTIDN by Councilman Harras to concur with the City Engineer za approving the use of Ty-seal Neoprene gasketing on the underground sewer work for the Target Store, Seconded by Councilman Liebl. Councilman Lieb1 asked who would assume the liability if there were some problems with the gasket Councilman Sheridan said that the work wi11 all be within their own building. UPON a voice vote, there being no nays, Mayor Kirkham declared the motion carried. (I) CHURCH OF ST. WILLIAM: QUIT CLAIM DEED - SIDEWALK CONSTRUCTION: The Acting City Manager said that the City has received the deed. The � City Engineer said that the Church requests the City to assume responsi- bility for proper matntenance of the sidewalks and he assumes the City wi11 do this according to their policy to maintain them. Councilman Samuelson said that this was correct They asked that any damage to the parking area be repaired and this will be done, They also asked for written assurance that the Church will not be held responsible for any in�uries to persons using the sidewalks. The City Attorney said this REGULAR COiINCIL MEETING, JULY 17, 1967 Page 23 � would be pretty difficuLt to answer, as the Church would not be held responsib"Le unless they were negligent. Councilman I.ieb1 said they could state that it is a public sidewalk and there will be no liability as the City is maintaining it. The Council discussed the Church's request that they be compensated for the portion of their parking lot which now has been removed for the sidewalk. The Council decided to reimhurse the Churcki and discussed a figure they felt would be fair. MOTION by Councilman Harris to accept the quit claim deed from the Church of Saint William and reimburse them $200 for damage to the parking lot (if this is agxeeable with them) and request the Administration to respond to the four requests in theix letter as discussed by the Council Seconded Uy Councilman Liebl. Upon a voice vote, there being no nays, Mayor Kirkham declazed the motion carried. (J) STREET RENAMING: Councilman Samuelson handed out a list of streets he feLt should be con- sidered for renaming as there is no continuity from one street to the next. Councilman Sheridan said that this has Ueen discussed before with the people on Central Avenue as East Moore Lake Boulevard had been suggested, but there had been nothing but ob�ections. Councilman Ilarris suggested thar the newspapers could mention that Fridley was considering renaming streets That do not tie together and if the people have any suggestions they can � bring them to the Council's attent�on. Councilman Samuelson said thaC new names on the list have all been checked out with the postoffice, The Council agreed that thls was a good idea and in some cases overdue A copy of the list was given to the newspapers Por publication. MOTION by Councilman Harris to receive the communication and to give a copy of it to the newspapers for publication This is to be brought up again for discussion at a subsequent Council Meeting. Seconded by Council- aian Liebl, Upon a voice vote, there being no nays, Mayor Ilirkham declared the motion carried. (K) TWIN CITY LINP: PERMANENT ROUTE: Mayor Kirkham said he had received a letter from the Twin City Sus Company asking if ehe present route meets the Council's approval. This is from University to 61st Avettue, 61st Avenue to 7th Street, 7th Street to Mississippi Street and west on Mississippi Street to University with a layover at Sth and Mississippi. Mayor Kirkham said these were the only streets that can withstand Che weight, and if the Council approves, the company can apply to make this a permanent routing MOTION by Councilman Harris to concur with the routing as outlined in the communication so that �.t can become the permanent routing. Seconded by Councilman Lieb1. Upon a voice voCe, there being no nays, Mayor Kirkham declared the motion carried. � CLTY ENGINEER: DRAINAGE ON PIERC� STREET: The City Engineer explained Yhat he and Councilman Harris had viewed this propexty and had pumped it as the Council had promised, but they could not fill it as the people had requested He said that the Engineering Depart- ment can swale the sod so the water wi11 drain out over the surface He REGIILAR COUNCIL ME�TING, JULY 17, 1967 Page 24 said that if the Council approves this, the City has an easement, but the property owner will not be too happy. Councilman Sheridan said that there was nothing else that can be done in this area. The Council concurred with the City Engineer's plan. CITY ATTORNEY: PROPERTY FOR kARK PiTRPOSES: The Crty Engineer said that some time ago the Council had requested that he get an option agreement from Mr. Fontaine and Mr. Siverts for the possible purchase of land for park purposes. He said that Mr Fontaine had agreed, but Mr. Siverts had not agreed to ,the appraiser's price. The City Attorney said the action has already been taken on the Fontaine property and he has the option Eor signing, but would like some direction from the Council on the other property. Councilman Harris asked if he had tried to negotiate with Mr. Siverts. The City Attorney said that he had, but Mr. Siverts had come back with a figure almost twice the appraiser's price. He said that the option time is running out and wondered if the Council wants the Fontaine property without the Sioert property. Councilman Harris felt that at the price, the City could buy the Fontaine propertq. Councilman Liebl said he would like to remind theCouncil that the 1967 budget did not have funds appropriated for park land acquisition, Mayor Rirkham said that thxs would probably be pay- able in 1968. Mayor Kirkham said that the City Attorney should contxnue to negotiate to get all the land, but that the Fontaine propexty should be obtained regardless of whether the City gets any ot[�er property. VISITORS: PROPOSED NOISE ORDINANCE; Mr. Alex Novitsky, 5421 Madison Street Northeast, said that about two months ago a group of crtizens had discussed a noise ordinance with,the Council and he would like to know if aaything had been done in that direction. The City Attorney said that he has started drafting a proposed ordinance as recommended by the League of Municipalities, Mayor Kirkham said that to go through the normal procedure tatces some time as the ordinances of other communities are studied also. WAYN� STEWART: SEWER AND WATER HOOKUP: Mr. Wayne Stewart, 4100 Main Street Northeast, discussed with the Council the way he could serve his pro�ect with wateX and sewer 6y way of an ease- ment over an existing property. The Cxty Engineer explained that Chey had discovered there was a line in California Street in Columbia Heights which Mr Stewart could hook up to, 6ut the problem would be that he would have to go through the land of a farm a lady owns next to him. The City Engineer saxd that he felt this hookup would be the right way to do it if he is to put a sewer in. Councilman Harris asked if the cost would be assessed against Mr. Stewart. The City Engineer said that the sewer and water assessment would go to whoever uses them. The City Engineer said that the woman does not ob�ect to the pro�ect, but does not want an assess- ment, and asked about the possibility of delaying the assessment Mr. Stewart said he was willing to put in a private system flowing north, but this would not 6e practical as the land wi11 be available in the future and it will be developed. Councilman Liebl asked about the zoning in this area. � � � REGULAR COUNCIL MEETING, JULY 17, 1967 Page 25 � Mr. Stewart said that it was very mixed. The City Engineer said the woman was willing to give the easement if the assessment could be delayed The City Attorney said he thought a State Statute had been passed recently that may a11ow this, but he would have to check on this. Mr Stewart said he would determine whether to go ahead based on whether the assess- ment can be delayed or not. MONTHLY POLICE REPORT; Councilman Samuelson said that he noticed that according to the traffic summary report, the accideat summary is up 18% and the enforcement summary is down 16.6%, He said that this was a 34% difference and he wondered what happened. Councilman Samuelson said he would like to see the per- centages brought out each and every month. NEW STR�ET SIGNS: The City Eng2neer showed the new signs the City is going to have and explained that they will be more difficult to damage Councilman Samuelson suggested that on East River Road and the other high speed roads, they get an 8" sign rather than the 6" sign. ADJOURNMENT; � There being no further business, Mayor Kirkham declared the Regular Council Meeting of .Iuly 17, 1967 ad�ourned at 1:32 A.M. Respectfully submitted, , � , C,? l/ ,ti �./��._� ��c�'�.c� ,�-�� �f�e�,;�./ ; � e «, � . � � Mary Lu Strom Secretary to the Council l �