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10/21/1968 - 00019877��_ i. -i THE MII�UTLS OF THE RL'GUL11R COUNCIL MELTING OF OCTOBER 21, 1968 Mayar Kirknam called the Regular Council Meeting of October 21, 15�68 to order at 8:15 P.S4. PLETJG� OF ALLEGIANCE: Mayor Rirkham requested ihe audience to stand and ,7oin the Council in saying the Pledge oi A1legiance ta the Flag. IN`IUCAT I ON - t�everend ,Tames McChesney cP the Fridley Methodist Church gave �he Invocataon. ROLL CALL- Mr;MBERS PIt�SENT: MEMBGRS tiBSENT: Rarkham, Liebl, Harris, Samuelson, Sher�dan (Arra.vecl at 9:15 P.M.) None APPROVAL OF MINUTES OF THE R�GUT.1�R COUNCSL MEETING OE OCTOBER 7, 1968- Cauncilman Samuelson pointed out that Councilman Liebl's name was listeci twice on the ro11 ca11 ar.d Councilman Harris omitted. He as}�ed that this be corrected. 1+iOTION by Councilman Samuelson to adopt the Pdinutes of the Regular Council Meeting a£ October 7, 1968 as corrected. Secanded by Cauncilman Harris. Upon a voice vote, a11 [roting aye, Mayor �.ir7,ham declared the rnotian carried. APPPOVAi, 6r' MINUTES OF THE SPECIAL PUBLIC H1:ARING MEETII3G OF OCTOBER 14, 1963s MOTI�JN by c:ouncilman Harris to adopt the rla.nutes of the Special Public Hearing Ceuncil Meeta.ng ot October 14, 1968 as presented. Seconded by Counca.lman Samuelson, i7pon a voice vote, all voting aye, Niayor Kirkharn declared the motion carried. i�T VPTIOI�T OF AGF',NDA: S�Iayor Kir',cham said that there were some changes in the Agenda which were: to move Item �;'1 - Public Hearing on 1969 Budget to �31A, Add -�7A: Appointnlent of Health Sanitarian, and �#7B: Dis- cussion on �ccident Report on Sast River kca d, � � � r� iI � � REGULAR COUNCIL MEETING OF OCTOBER 21, 1968 PAGE 2 MOTION by Councilman Liebl to adopt the Ac�enda as amended. Se- conded by Councilman Samuelson. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried. Mayor Kirkham suggested that inasmuch as �ouncilman �heridan had indicated to him that he would be a little 1ate, L-hat they ta7ce up the Ordinances a£ter he arrives. RECEIVING `THE AGREEMENT t�ND COVENANTS IN RELi:TIOIQ TO TH8 GRr�AT NORTHERN LZ1N➢ SURVSY: MOTION by Councilman Harris to officially receive the covenants and the agreement for the Registered Land Survey by Great Northern Railway Company. Secanded by Councilman Samuelson. Councilman Liebl said, �n reierrang to �h� memorandum from the rinance Director that it was important to L-he City to make sure the City is protected and he telt that it was im�erative that the Council follaw the Finance Director's adv2ce. The City Attor- ney said that he had already discussed this wiLh the F'inance Director and it can all be worked out, UPON THE MoTION, there being a voice voce, alI voting aye, fdayor Kirkham declared the motion carried. The Ci�.y Engineer said that he had met wiL"n s�veral of the Great Northern Railway Company staif and it was their general L-eeling that i� the Counczl wishes to add anything �hat they should do so before the November 4th Meeting so that ic can a�pear in it's iinal iorm tor that Meeting. Councilman Liebl larought up the point made by a member oi the audience at the lasL- P�leeting about the method af tuture assessments. The City Atc�rney said that Great Northern Railway are interested in puttiny in the improvements, and the reconunendation o£ the Finance Director and City Engineer is that wnen the improvements go in, that Greaz 1Vortllern Railway Co. shoulci pay 100/, then ii there is any other k�eneiitting property, they wi11 be assessed. CONSIDERATION OF TREE BIDS: (Opened July 3i, 1968) The follawing are the bids submitted from thrn_� diiferent � ior the 1969 Spring Planting Tree Beautiiicac�.on Program: Honey �Iaple Bidder Linden Ash Lxust Salver nurseries Maple Sunu-�: r Bob's Produce Ranch $37.95 $25.35 ,�54.45 $25.85 $37.40 Minnesota 'Pree, Inc. 41.25 31.35 '74.35 32,45 69,30 Gurtek & Ramberg 38.00 33.50 40.00 33.25 45.OU l - i �,_ - - REGULAR COUNCIL MEETING OF OC'POBER 21, 1968 PAGE 3 �i'he CiLy Manager said that the Ash and Silver i�iaple are the low bids, submitted by Bob's Produce Ranch. Councilman Samuelson said that in the past the City has been using mostly green Ash because of their endurance, but since tYre �rice is equal between the green Ash and the Silver Maple, that the Park Director be given an opportunity to plant either. Iie commented that the program calls ior 150 trees. Councilman I.iebl asked how many were planted last year. Rob Schroer answered 150, and that 143 lived and the 7 were replaced, Councilman S�iebl as}:ed what the price was last year, Bob Schroer answered 522.50. Councilman Liebl said that the people in the 3rd ward have not seen many o;� tYie trees. Councilman 5amuelson said that the program was established to pro- vide 50 trees to go into park areas, the 7�alance to go into the tornado areas, although the Park Director tried to disiribute the trees equally within the City on land other tizar! park land. He said that no trees were placed on private property, but in boule- vard areas. The City Manager suggested that both kinds ❑L- trees be used in the ev�nt that one kind oi tree should become susceptible to a certain disease, we would not lose al1 of them. MOTION ov Councilman Harris to concur with the Administration and award the contract for Tree Beauti�xcation Program to Bob's Pro- dur_e Ranch at the bid �rice oL- $25.85 for Ash aid 5ilver Maple. 3ecanded by Councilman Samuelson. Upon a voice vote, all voting aye, Mayor ICirkham declared the motion carried. RnPORT ON PARK CONSTi2UCTION }:XCAVATIONS: '1he City Engineer said that this item is brought back before the Council, because of the question raised as to whether or not Park Construction was following their plans. He said that he had checked t7tas and they are �utting in stakes and following the plans, and are hoping to gec done by the First of the year. Councilman Samuel- son as7ced when the bond expires. The Gity EnginEer said that the bond ex�ires December 3I, 196t3, and that Park Coxistruction is pro- ceeding on that premise. He then pointed out the area Fark Con- struction as using on the map. Councilman Liebl asked i£ that will take care o£ the problem in that region. The City Engineer said that xt was the Chies pit and Cochran pit that are presenting the problems. � � � REGULAR COUNCIL MEETING OF OCTOBER 21, 196� PAGE 4 � APPOINTMEN�l' OF Hr',AL'PH S.�.B7ITARIAN: The City Idanager said that he had received a letter from iiarvey J. McPhee expressing his desire to becoine the City's part-time Sanitarian. His term would run until December 31, 1969 as he wou3a assume James Hensley's term. At that tirne a.t would be in order Por the Council to re-appoint him. MGTION by Councilman Samuelson to concur ���th the recommendats.en oi the City Manager and appoint Harvey J. McPhee, 3463 ZartYian Avenue SoutY�, St. Louis Paxk, Minnesota i.o the Fridley Board of Health and Health officer and to approve his appointment as Lhe Caty Health Sanitarian at �he same salar1 �am�s ilensley was re- ceiviny which was $4,135 per year. Secondecl by Cauncilman tiarris. Upon a voa,ce vote, all voting aye, Mayor l:ixkham declared the motion carried. DISCUSSION OF EAST RIVER ROAD ACCIDPNT REPO£.T: � Mr. Richard Harr9.s said that he had called Councilman Liebl anc� as7;ed that this item be put an the Agenda tonighL-. He said thac he had also talked to Councilman Samuelson about this. He said that we now have had our secund traffic iatali�y in Fridley xn 1968. He said that maybe noL-hing could have been c�one to pre- vent these two fatalities, tiut that two are tw� Loo many. He said that he had no intention of con4emning anyone, but that some- thing must be done. The Chief of Police sa_d that he had checked the figures on acci- dents on East Rivex Road irom January lst to Uctober 18th, and ther� have been a total of %7 accidents. iorty five have been per5onal in�ury, and the rest property damage. The gr�at�sc single reason is failing to yield. He sa3d t7iat left turn� accoun�ed ior 15 accidencs. 13e said that his reconunendations Lo reduc� acciden�s on �ast ;iver Road north os I. 694 would be 1or the County co puL- in either a grass or concrete medzan, to asi; ihe County to do something abou� the water on the sL-reets, as in the early znorn�_�ag this as ice, which later turns to watar, both o� whzch obscure the striping, and third, he woulci li]:e to see some additional street lighting, as �ast River Road is very dark. � Mr. Ra.chard Harris pointed out that in �he lxobert Louis Stevenson School area there should also be some controlled access, �:nd �elt Lhat a semaL�hore is badly needed. IIe �aid Lhat the chiluren were supposed to be bused, but there are stili cni7_c,ren trying to cross East River Road. He said thac he likes co see ne�a induscrial growth such as the Georgetown apartment complex, but there must be some control provided. He aaid tizat there will be 1000 - 2000 � ��� ,� REGULAn C.OULQCSZ MEETING OF OCTOBER 21, 1968 PAGE 5 cars try?�ng to get onto �asc River Road. I3e also said that the center line is obscured. He also pointed out that some homes along �ast River �2aad are such that they have to back onto the street, which is a very danyerous situation. All up and down East ;;iver Road from I. 694 io the City Limits there is mostly F��-1 zoning. He said that oahen coming from the south trying to malce a leL-t hand turn especially between 4:00 ancl 6:00 P.M. it is very bad. lIe saic3 clhat if signal� are needed, the City should yet them, and �i malncenance is needed L-he City should insist that it be done. He said that lives are important, and since this City is rapa.dly growing, it is his hope that the Council can keep abreast oF the problems at hand. Councilrnan Lieb1 said thai he had prepared a resolution that he wished to be read into the minutes: "TtESOLUTION OF ^1HE CITY COUNCIL OF THE CITY O� FRIDLEY CONCERIQING `PRA!a'L IC CONTROL CFIANGES ON FAST RIV�R tZOAD TAHER�AS, another L-atal accident has occurred on East River Road in the City oi iridley, and U7HERi�.AS, the speed rate on East River Road was increased to 45 MPH at the requar�c o£ the County and at a time when T.H. -�`r47 was under construc�ion, und WHER�AS, RoberL- I,ouis Stevenson 5chool has.reCently opened and involves many chilaren residing east of the East River Road, NOhl TIII:2EFORE, BE IT 1�ESOLV�D, By the Fridley City Council, meeting �.r. regular session on Uctnber 21, 1968 as follaws: 1. 2. 3. �. Thai the speed rate on Eas� FZZVer Road north of I.694 b� reduced at unce. That an automaL-ic �ema�hore be established at the entranceway Eor the Georgetown Court Apartments. That a pedestrian 5chool crossing with a flashing signal be established at the stevenson School entrance. That copie� oi this Resolution b e directed to the Anoka County Soard ai Commissioners, Commissioner Harvey Peterson, and Lh� i.ommissioner oL the Stata Highway Departmen�. Adopted this 21st day oi Octobe�, 1968 with the following Cauncilmen vat�ng aye: � ^ and the L-ollowing vo�ing nay; � , � �i REGULAI2 C�UN�IL MEETING DF OCTOBER 21, 1968 PAGE 6 ' (Counr_y?�n Liebl's preseniation oF Res�lucion Continued) ATTEST: Mayor Clerk " MOTION by Councilman Liebl to adopt the resolution. Seconded by Councilman Harz�s for discussion. The City Manager said that actually a resolution such as thi� would ta�:e quite an Lngizieering study. He said that concrete d��,iclers in the road might be the answar and sugyes�ed chec]cing with Ldina and ocher communities to see what they iz�.ve done. Council:nan Liebl said that witz the Georgetown apartments traific will increase more and more, and that he would urge thc Cciincil l-.o adopt thls resolution and indica�e co the County Conuniss,oners that we would lilce their help. Counci�rnan Harris said �hac ne a�reed with the theme of the resolution. Fie said that in 1962 the City made a � request far right and leit hand turn lanes and signals. At each siqnal left turns woulcl be allowed, but no leit hand turns would be allowed without the sagnals. Mr. Wy�n Smith said that East River Road is a narrow road and was bua.lt when University Avenue was being constructed. He said that �eople are taking their lives into their own hands when trying to make a left hand turn. He said that ths County never took any right o£ way, and what they did was make maximum use oL- the land. There are no shoulders and no glace for pedestrians or bicycle riders. He said that he Eelt that the speed should be reducer�. When he goes 45 MPH, everyone passes him. He pointed out that Mississippi Street and Osborne Road are 30 MPH. He said that if a speed reduction was effected, the people in Coon Rapids and above, would then adjust and use UniversiL-y Avenue for through traf£ic. He said that people along East River Road are applying for rezoning to R-2 and R-3 because a 45 MPH speed lima.t is not compatible with a residential district. Councilman Samuelson agreed that a 35 MPH speed limit may be the answer. He said that there are some Engineering studies being done, but the reduction in speed would give immediate relief. � Councilman Harris pointed out that there wi1Z be a County Road and Bridge Commission Meeting soon. The City Engineer said thaL- he was going to meet with them. Councilman Harris said that the problem is two-£old, and that he would like to see that portion of the resolution dealing with the speed reduction passed immediately and refer the remainder over to the Engineer. 1 i � REGULl1R COUNCIL MEETING OP OCTOBER 21, 1968 PAGE 7 The Chief oi Police said that it was his understanding that no one can reduce the speed on any road except the State Highway Comma.ssioner. ,layor Y.irkham pointed out that the City did ask Por a reduction in speed on T.H. �47 and T.H. #65 but did not get it. The City Engineer said that he had shown the Council an over- all plan for East River Road proposed by the City in February oi ihis year and the Council had accepted it, and directed him to write to the County, which he did, but has received no answer. He said that the Council passed a Resolution in April of 1968 relative to the intersection of East River Road and Mississippi Way and forwarded this to the County, but the City has received no answer on that either. He said that as this is a County Road, the City can only ask that the County take care of this. COUNCIT,MAN SHERSDAN ARRIVED AT 9:15 P,M. Counca.lman Samuelson asked if it would do any good if East River Road was re-striped. The Chief of police said that that would be fine uniil the first snaw =a11, then it is useless. Councilman Harris said that he thought that the resoZution should not be passed at this time, but to make sure that it is in it's correct form beFore it is passed, as it will go to the Anoka County Commissioners. Mayor Kirkham commented that the resolution is good, but not complete enough. Councilman LiebZ said that the purpose of the resolution is to indicate to the County Commissioners anci the State Highway Department the emergency, and to make sure that they are aware of rt. He then asked that tYue Chair call for the question. UPON THE MOTZON, there being a voice vote, Liebl voting aye, Kirkham, Harris, Samuelson voting nay, Sheridan abstaining as he had just arrived, Mayor Yirkham declared the motion failed. Councilman Sheridan said t.hat in February, Council approved the East River Road design. It was then sent to the State, asking for tYaeir support. He said that he was sure they will survey this before making any recommendation. He said that he felt that the study should be put together to make a package deal and per- haps include a semaphore at Riveraood '3chool. Councilman Sheri- dan said that he was quite sure that he could go to the County Road and Bridge Commxssion Meeting. The Mayor said that it would be well if as many as possible could go. Councilman Iiarris suggested passing a resolution at this time dealing with the speec] reduction problem. Councilman Sheridan suggested recommending speed limits the same as in other residential areas. , � � 1 l � I! � REGULAR COUNCIL MEETING OF OCTOBER 21, 1968 PAGE 8 � Mr. Stan Kowolski said that he would like to see crossavers for the Robert Louis Stevenson School rather �han semaphor�s as they are much safer. Mayor Kirkham pointed out that they are also much more expensive. Mr, Richard Harris said that hz is interesi:ed in getting the speed reduced also. He said that he would like to see some action. He said that passing the resolution pertain- ing only to speed would at least be some help. Councilman Harris pointed out that the City has made their requests and are waiting for a reply. Mr. Richard Harris said that the County has been sitting on this too long. He said that Mr. Peterson, County Commissioner, said that he would be present at this Meeting, but he is not here. Fie said that if it �,o uld take a petition tc get some action, he would do this. COtTNCILMAN LIEBL WITHDREW HIS MOTION. RESOLUTION ,1k164 - 1968 - A RESOLUTION REQUESTING THE STP.TE HIQiWAY COMMISSIONER TO REDUCE SPEED LIMIT ON EAST RIVER ROAD FROM I. 694 TO NORTH CITY LIMITS FROM 45 MPFI TO � 30 MPH. MOTION by Councilman Sheridan to adopt Resolution �164-1968. The rest of the items to be held, pending study by our Engineering Department. Copies of this resolution to be forwarded to the Anoka County Commissioners and the State Highway Department. 5econded by Councilman Samuelson. Upon a voice vote, all voting aye, Mayor FCirkham declared the motion carried unanimously. Councilman Sheridan suggested including a clause in the resoluLxon indicating that due to the trafftc accidents on East River Road in recent months, that this should substantiate our claim ior immediate help. Councilman Sheridan said that he was sorrLLr that he was lata, but due to previous committments during the day, he was unahle tr get to the Meeting on time, there�ore he called the Mayor tellinq him he would be late. INDUSTRIAL DEVELOPMENT COMMISSION AWAFtD: Councilman ZIarris said that he had received a letter from the State ' of Minnesota, Department o£ Economic Development, dated pctober 8, 1968, which he read to the Conncil and the audience. He then presented the award to Mayor Kixkham stating Lhat it was mac�e to Fridley for outstanding achievement in community development in the year 1968 in the 8 county Metropolitan area. lle said that one of the reasons Fridley was chosen was that Fridley had more than _a i; �;_ � , REGULAR COUNCIL MEETING OF OCTOBER 21, 1968 PAGE R 50`iornore building permits in the year than all the suburban com- munities in the 8 county area, amounting to in excess of $20 Million Dollars. This is tize iirst time this type oP an award has been gi�en to any community in Anoka County. Mayor Kirkham said that he wou.ld receive the award on behalf of the City oi Fridley with a great deal of pr�de and it is a L�rivilege to receive the State's most coveted award in this �ield. He said that he did -not Yealize that so much has been done in the 2� years, since he asked Councilrnan I3arr�i.; to head up the Industrial Develo�ment Commission. He said that ior this community to be ,7udged as a leader �_n economic grawth is a great accomplishment, and should help in our future endeavors to gain more commercial and industrial growt:h within the City of Eridley. He said a� Mayor, he would like to ask the City Manager to prepare a suitable award �ar Councilman Iiarris, Chairman of the Frs.dley Industrial Development Commission, to replace the one given to the City oL- Fridley. Councilman Harra.s said that as a res�zlt oL il�is award, Fridley will be honored in the i4innesota Progress rilagazine with feature art�cles, which will go throughout the State of Minnesota and c��e Country. He said that it will also go into some of the ioreign countries, utilized by the Department of Economic Development. Councilman Liebl said that he would like to say Thank You to the Chambex a= Commerce ior being so cooperative and also to the City '3nglneer for all i.he long hours he worked in order to bring these induscries inta the City o= FridZey. MOTION by Councilman Liebl to receive the conununication irom the 8tate of Minnesota, Department of Economic Development, dated October 8, 1968. Secc�ndecl by Councilman Samuelson. Upon a voice vote, a11 voting aye, edayor Kirkham declared �he motion carried unanimously. CONSIDEItATION OF AN ORDIN[�t3C: POR REZONING 2 AREAE FROM R-1 TO P.D. {t1R. DUI�IPHY) : Councilman Samuelson asked i£ the affsdavit had been checked. The City Engineer s�?i� t',a± :.t had been checked by the legal staff. The City Attorney said t£ the Council did not wish to accept the aftidavit, that Mr. Dumphy will produce the origanal documents. MOTION by Cotxncilman Samuelson to receive the affidavit from i�Ir. Howard J. Dumphy, dated October 17, 1968. 5econded by Council�na.n �Leridan. Upon a voice vote, all voting aye, Mayor Ifirkham d2clared the motion carried. � � ' ,, REGULAR COUNCIL MEETING OF OCTOBER 21, 1963 PAGE 10 � Councilrnan Liebl asked Mr. Dumphy what he proposed ta use the additional areas for. Mr. Dumphy said i-hat Lots 32, 33, 34, & 35 are to provide additional parking Eor the complex and the north area is to provide access to Hugo StrecL. The City Attorney explained that ir the Council wished to pass this ordinance, then later � Public Hearing would u� r°quired Por che Pinal ,,tans. Councilman samuelson asked how much more land he was addixig, by percentage. Mr. Uumphy said a little more than 10%. Council- man Samuelson asked if he had a contract �or cleed or an o��tion on the 1and. Mr. Dumphy answered that he 'rleld a contract £or cieed. Councilman Samuelson then asked Mr. Dumphy what is the L-otal estimated eva,luation �;� the whole compl�x. Mr. Lumphy answered anout 2'� Million Dollars. He then asked 'nim what L-he overall acreage was. Mr. Dumphy said it w�s about 13 acres. The City Engineer pointed out that the plans were submitted to the Council, they made some suggestions, which were taken back Lo the Plannzng Commission. ' PYayor �.irkham then read the ordinance pro;,�osec�, �_or the bene°iL- ot the audience. Councilman Samuelson askecl i� tlza Council did not agree that if the first reading was approved, that �he second reading be held up until the final plans are ready, f:ouncwl.man Sheridan agreed and commented that in another area there �.�as a request for a rezoning from R-1 to F2-3, ancl acter getting some coxzcessions from the people across the s�'rc:ec, there was nothing done to the land. I£ not completed within 6 months, then che applicant must start over again. CaunctiZman Sa_nuelson explained this Council policy to Mr. Dumphy to ma}.e surc t�rat l;e understood that this is what is being done in every applicat�4�n for land use change. Councilman Samuelson asked if parking-wise and acces,�-- wise, if this additional land was necessary. 2�he City Engineer said that he thought the additionaZ parkiny was necessary if the size of the commercial builda,ngs was to be as �hown on the plans, and the Hugo access wa� nece�sary ta serve the area east and south or the area under question. Coincilman Sheridan asked if we could request a switchbac� iron�±;ugo Street. The City Engineer said i;I1at the Council has complete rreedom co work with the deve- loper. Councilman Harris asked if, hecauae o£ i:he change zn the area, resulting tin ?ncreased traf�i.c volume, we can provide tra�fic control. The City Engineer said that there would be a � signal at 79ch Way and that another signal would probably be nec- essary, such a� ii Fiugo Street loops back in�o Ironton, pernaps this would be the place for an additiona.l signal. MOTION by Councilman Sheridan to approve the Ordinance cn first reading for rezoning Z additional areas Lrom R-1 to P.D. reqnested by Mr. Lumphy. Seconded by Councilman Samuelson. Upon a roll I- � M '� i REGULAK COUNCIL I�c.�TING QP OCTO$ER 21, 1908 PAGE 11 call vote, FIarris, Samuelson, Kirkham voting,aye, Liebl and Sheridan votiny nay, Mayor Kir]cham declared the motion iailed. (There being a 4/5 vote required to change zoning). FIRS'P READI�IG OF AN ORDINANCE FOR VACATION REQUEST. 2f�` SERVICE DRIVE EFISEMENT WEST AND PARALL�L TO E;SS�P RIVER ROAD: (Mk � LINDBERG) The City �ngineer explained that this is tor the vacation of an easement. ��Te are getting in return 13' of property. Eie said that hi� recoitunendation is that the Council approve on first reading, is they so c�esire, then hold up the second reading until the final plans are ready �or the development to �he west. PdOTION 7�y_Councilman Shera.dan to approve the frrst reading of the vacation request to aacate a 24' service drive easement requested '�� .tir. Lindberg, and waive the reading. 3econded by Councilman �ieb1. Upon a roll call voLe, Harris, Samuelson, Sheridan, Kirkham, and Lie.b1 votiny aye, Mayor Kir711am declared the motion carried unanimously. FIRST READING OF AN ORDINANCE RELATING TO LICENSING AND REGULATING THE USE f1ND �ALE OF INTO}CICATING LIQUORS BY CONGRESSIONALLY CIiARTERED VETERANS ORGANIZATIONS AND TO PROVIDE PENALTIES P'OR VSOLATIONS- Councilman Liebl asked the City Attorney what he would reaommend for liability insurance. The City Attorney said that the State Statutes require $1DU,000 for one person and $200,000 for more than one person for the City, buc ha �iid not feel that this much would be necessary for the serva.ce clubs and he would suggest $50,000 £or one �ers�n, and $100,000 for more than one person. Mayor i�a.rkham commented that the liquor liabil_ty !z�surance for the Caty is One Million Dollars. Councilman Liebl asked if this ordinance �vas based on the State Statutes. The City Attorney answered that the State Statutes provide the authority which this Council can pass on this ordinance. Councilman Samuelson asked about the provision underSection 7-L, which said that a license could not be granted zf the service c1u7� ia �asthin 600 feet of a school or church, and asked if the V.F.W. askeu for a license, could it be granted. The City Attorney saxd that it was more than 600 feet from the e�isting school, but ii the Council-wished, that the provision coulc� 3�z taken out. MOTION by Councilman Harr�.s to �.pprove on the first reading and wai�ra ti�e reading o� the ordinance dealing with liquor licenses for service clubs and that under the secta.on dealing with liability, that $5q,000 For one �ersr,c., and $140,000 for more than one perso:� be inserted. Seconded by Councilman Samuelson. Upon a roll cali cote, Kirkham, Liebl, Harris, Samuels��n, and Sheridan voting aye, ' 1 ' � REGULAR COUNCIL MEETING OF OCTOBER 21, i968 Mayor Xirkham declared the rnotxon carried unaninzou.�)_y. APPOINTEMENT TO THE BOARD OF APPEALS: PAGE 12 Councilman Liebl said that he would like to su"ami4 the name of Mr. R�chard H, Harris, inasmuch as he has s?�:nan so much interest in the improvemez�t o£ this community. ,�e ��sY.ed Mr. Harris if he wouid accept the appointment, and Mr. liarris said that he would. MoTION by Councilman Liebl to appoa.nt i+Ir. Richard Harris to the vacancy on the Bo�1rd of Appeals brought about Uy the xes�gnation of Mr. Robert Ylinen. Secnn�'ed by Councilman 3amuelson. Upon a voice vote, all voting aye, Mayor Kirkham declare�• the motzon carried unanimously. CONSIDERATION OF PLACEMENT OF RESTAUI2ANT OLZ 1I�Z SALITERMAN'S PROPERTY- T � � Mr. Wyman Smith, rer�rer;enting Mr. Saliterman was present at tha i�leeting and said that as Mr. Saliterman's attorney, he would like to respectfully as71 reaonsideration oi the previous request. He said that this request had gone through the committees rreviously adversely, but Mr. Saliterman feels that this is a good nationally franch,a�ed r_���yn of restaurants anc would be an assat to his shopaing center. He said that he wishes it co be plzc�c� r�xth of Rice Creek Road and requests a waiver of setback irom Rice Craek Road and a waiver of sidewalk requirements. He said ±hat 'r.he shopping center is only about '� to 1/3 developed and that i+�ir. :,ali- terman feels that these problems can still be worked out, and that he would li}:e to see the waivers granted before the =rost goes down, so construction could start. 1 Mr. Saliterznan sai� that this would be an inprovement to his shaapa,ng center. He sazd that Sandy's is a tenG��t �:i St. Anthony Village Shopping Center anc l�as been there 8 years. He said that Sandy's �Kould like to get as closa as possxble to th� sar.ice road, as that side of the buildirag is not merchandisable a��yway. If set aloser to the service road, then the area saved cc,uld be used for more uarking. He said that he would not be 2nterested if he did not feel that this is £or the betterment of his pro�erty a:nd ±i:e City. Councilman Harris said that he diu ,;ot feel that the Council could grant the waivers unless the request had gone to the Board oi Appeals. The City +ttorney said that ii had and they had xe�use�l it. This would ba final unless the applicant clzose to appeal to the Council. �i „_ REGU]:Y1Li COUD"at;IL MBETING OF OCTOBER 21, 1968 PAGE 13 ' G'ouncilman Sher�.dan said that he wanted to have a cleaz under- sta�_ding or” what was being requested and said that it was h�.s understar�c,a.ng that Mr. Salzterman is asking ior a wa�.ver, i`rom 80' to 25' setback from Rice Cre�r �oad , and asked if they would consider a 30' or 35' setback. He also brought up the question of the 5' side�,aal'�s and the 15' planting str�.a as required in our ordinances. Mr. Smith said that they are requesting a 25' setback but that a 35' could be livecl with. He said that Mr. Saliterman would at Zeast like to delay the installation of the sidewalks on RiCe Creek koad until he has more plans he is contemplatiazg for his shopping center. Mr. Smith pointed oixt that Rice Cre�Y. Road bisects his slzaaping center which was not a road that Mr. Saliterizian asked for but that the City wantad, and he has paid heavily for it. Mr, saliterman agreed with Mr. Smsth, and eaid that maybe �,rhen some future plans are developed, it would show a need for the side- walks. Counc�lman Sheridan said �.hat the City might feel that the side�aalks are necessary on Rice Cs2ak Road from Central to T.H. �$65 � beiore tlie area is developed. P•1r. Saliterman said tl�at in that case he would agree ta put them in. Councilman Liebl pointed out to Mr. Saliterman t:iat when he came before the Council before, he was told that a setback Eaai��er to 35' would then be within the residential requirements. Mr. Saliterman sazd that �k.e 35' set- back was acceptable to hirn if it would be acceptable to'Sandy's Restaurant. The City Engineer pointed out that the �arking requirem�nts do not meet the code now �n the area north o£ Itice Creek Road. Me. �mith sa�.d that the problem seemed to be a matter of terms. Mr, saliterman would be satisfied if che Council would delay the parking requirements untal his future plans are finalized. He said that there is plenty of land and the problem o£ parking could be resolved at that time. I3e said that parking is adequate naa. He said a study of parking was made, and it has been shown that they vary from time to time, with no peak periods, such as Target and Holiday have. He said that on behalf o£ Mr. 5aliterman, he would like to ask ior a delay on the parking requirements. Mr. Saliterman added that there was land available, but it was �ust not blacktopped. He said that there was land north of Rice Creek Road ' that could be blacktopped. The City Attorney said that if the Council wishes to delay the parking, it could be left up to the Council determinata.on of need when Mr. Saliterman would have to install additional parking. Mr. � { -, REGULAR COUNCIL MSETING OF OCTOBER 21, 1968 PAGE 14 Smith explained that if parking areas are laid out naw, it may be that in the future that land would be wanted for other use. Mr. Saliterman said that af more parking spaces would become necessary, it would be to his advantage to provide them and would be anxious to do so. The City Engineer said that in the existing shoppang center north of Rice Creek Road, there are not adequace parking spaces accordi_ng to our Code. The zoning ordinance requires more land, even ii he paved all t he land north o£ Rice Creek F.oad, Mr. Carl Paulson pointed out that if more parking was prooided south of Rice Creek Road, it would necessitate customers crossing Rice Creek Road. Mr. Saliterman said that this is not the first shoppinq center he has built, and that he plans to build more facilities there as he has more land available �or customers. Mr, Smith agreed with Mr. Paulson, and that the point zs that this Rice Creek Road does biseat his shopping center not through his client's choice, and when the land to the south develops, the � customers will have to cross Rice Creek I2aad. Councilman Liebl asked Mr. Saliterman how much it would cost him to comply with the City requirements on Rice Creek Road. Mr. Saliterman replied about $25,000 £or sidewalks. He said that he had already paid about $10,000 in assessments this year For Rice Creek Road. Councilman Sheridan said that he did not feel that the 25' setback could be qranted, but that he would accept the 35' setback Erom Rice Cr�ek Road, He said that as to the sidewalk delay, this could possibly be done as a temporary measure until the future develop- ments are £ormulated, unless the City decided that the City needs them before, at which time Mr. Saliterman would have to put them in. Mr. Saliterman agreed to this. He said th�t it is his under- standinq that there is room for 500 cars but only about 250 cars use the center at any given time. MoTION by Councilman Sheridan to grant a buzlding permit for Sandy's Restaurant in the NE quadrant of Rice Creek Road and T.H, #65 service road, with the variance to be Lrom 80' to 35" on the south property line, and wrth the understanding that if the Adminis- , tration feels that the additional parking is necessary and the sidewalks sdiould be installed at some future date, that Mr, Saliter- man must comply. Seconded by Councilman Liebl. Mayor Kirkham said that the City has a clear cut ordinance and has been insisting on strict adherance to them. He said that he felt that they would be daing a disservice to the City by granting these variances, after making ather enterprises adhere to the 1 's fi•` REGULAR COUNCIL MEETING OF OCTOBER 21, 1968 PAGE 15 Ordinance strictly. He said that he would have to take the same position he had taken be=ore. Carl Paulson asked if this was not in violation o£ the Ordinances then. Mayor Kirkham said that within the Ordinance there is a provision for granting of variances. Councilman 5heridan saa.d that one of the things that was said by the Onan people at the Industrial Tour beiore 80 people was that the City of Fridley had greatly impressed their management and what had helped them make up thezr minds to buiZd in the City of Fridley was that the City of Fridley offered no concessions and insisted on adherance to the Code. UPON THE MOTION, there being a roll ca11 vote, Sheridan and Liebl voting aye, Samuelson, Kirkham, and Harris voting nay, Mayor Kirk- ham declared the motion £ailecl. CONSIDERl�TI4N OF REQUES�P FOR RENEVJAS, OF BUILDING PERMIT BY ED CHIES ANI7 BERNARD JULKOTVSKI; The City Attorney said that Mr. Chies was in his office to ask about the two parcels of land in Melody Manor. He said that the memo prepared by the Engineering Department spells out the history oE the R-2 zoning changes, The zoning regulations have been changed from time to time as pertains to R-2 zona.ng. In 1964, it was changed to only include one or two family dwellings. In his opinion it a.s questionable whether ths.s could be grandfathered in, and that in 1964 multiple dwellings were not allowed in R-2 zoning districts, thexe fore, he felt that it would require a rezoning ro R-3. Councilman 5amuelson asked about the land axea. Mr. Ed Chies said that the smaller parcel is 90' x 150'. 2'he City Attorney said that would ]�e 10°; short of land area for a four-plex. Mr. Chies said that the larger ��arcel was 110' x 200'. Councilman Liebl asked if there was R-3 between 74th Avenue and 75th Avenue now. Councilman Samuelson said yes, both R-2 and R-3 and that they �ace north and west. Councilman Harris asked if there were any single Pamily dwellings an that area. Mr. Chies said no, but £acing onto Lyric Lane there are single family dwellings. Councilman Harris said that it was a compatible use, but should be brought back as a rezoning and then probably a variance would be needed. Councilman Samuelson agreed and said that for aesthe- tic reasons he felt that the larger parcel should be R-3. ' , � - �1 � R�GUL�?\R COUNCIL MEETING OF OCTOBER 21, 1968 PAGE 16 ' Mr. Chies commented that on one side of the parcel there is an 8 unit apartment house and on the other side, an 11 unit building, one of whiah he owns. The Czty Engineer commented that some of these apartment houses up there need some lannscaping work done. Councilman Harris said that he felt that the thir.g to do is to ask the petitioner to go back and formally request a zoning change. Councilman Sheridan added that they should be two separate requests, as it is possable that there might be some objection to one and not to the other, therefore, they should not be tien tagether. MOTION by Councilman Harris to deny granting a building permit ioa= z r�iu�L-a.pie dwelling in an R-2 district under the yrandfather clause an� request that the petitioner go bacic and make formal rezoning requests. Seconded by Councilman Samuelson. Upon a vozce vote, all voting aye, Mayor Kirkham declared the motion carr�_e�; unanimously. CONSIDERATION OF REQUEST FOR SEWER EX'PENSION FOR SHOPPING CENTER � ON SOVPHWEST CORNER OF OSBORNE ROAD AND T.H. �i�5: The City Engineer explained that the Council has received a request for extension oi a sewer line to serve the shopping areas fronting on Osborne Road. He said the only �roblem is how to serve the Eridley Sanitation Oftice if they wauld desire to hoc�k up in the �uLUre. He said Mr. Comstock has checked with Fridley Terrace and i� we can get sewer service thra?�gh ,-�rr.dley Terrace, it would be much easier. MOTION by Councilman Harris to approve the extension as requested sun�ect to supervision i�y Comstock and Davis. 'Phe City Engineer asked Mr. Larson if when the �aork is completed, lze intends to deed the sewer line to the CiL-y. iLir. Larson saic, ��s. P4r. Comstock conunented tl�at bids were let for this �ob previously, but then the property owners came in and objected, so it was ne.leted. Councilman Samuelson said that any work :aould have to meet City Code. i'he City Engzneer said that the proposal is to kee� the line deep enough to serve the property to the soutlz. He said that Mr. � Larson would have to work with Mr. Comstock as he had drawn the plans and provided the Engineering data. When Mr. Com�tock certifies that tha work is completed to �lZ� ;�atisfaction ai t2Ze C�ty Code, then it would be deeded. THE MOTION by Councilman Harris was seconded by Councilman Samuel- SOh. � i. L. REGULAR COUNCIL MEETING OF OGTOBER 21, 1968 PAGE 17 Councilman Sheridan said that we have requested our Consulting ' Engineers not to be involved in private interests through the City of Fridley. It was agreed that Mr. Larson would pay his contractor, and also pay the cost to the City for the work done by Comstock and Davis. The bill €or Comstock and Davis is to be submitted to the Crty. The applicant is to reimburse the City for Comstock and Dava.s' work. Mr. Comstock brought up the question of insurance protection. Normally, bids are let and there is a performance bond, but this is not the case here. tir. Larson said that Yee has contracted with Lloyd Jarson, wh� is a licensed contractor in the City of Fridl.ey, tYierefore, he would have a certificate of insurance on file. Councilman Sheridan added that if the standards are not up to what the City requa.res, then the City would refuse to accept it. Vz Nagel asked how the assessments would be on this sewer line. The Finance Director said that only the benefitting property would be assessed. Mr. Nagel said that certainly his line would make it easier to put in this line. Councilman uheridan added that the � north end of this would be an extension irom 73rd Avenue. UPON THE Mo'II oN, there being a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimouSly. Councilman Lieb1 commented that Comstock would then provide the necessary Engineering data to Mr. Larson and his contractor. RECEIVING THE MINUTES OF �iHE BUILDING STANDARDS - DESIGN CONTROL SUBCOMNIITTEE MEETING OF OCTOBER 9, 1468: l. CONSIDERATION OF A REQUEST TO CONSTRUCT RIVERVTEW COM- MERCIAL CENTER CONSISTING OF A CAF2 WASH, SUPERETTE AND OFFICE BUILDING, LOCATED AT 6500 EAST RIVER ROAD, FRIDLEY, MINNESOTA. (RE4UEST BY ROBERT SCHROER, 6520 EAST RIVER ROAD, FRIDLEY, MINNESOTA): The City Engineer explained the stipulations requested by the Building Standards - Design Control Subcommittee and said that the plans have already been modified to conform with thei,r requests. He said that he wanted to bring up the problem of the East River Road and Mississippi Way intersect�.on. He said that the Council , approved tkxe intersection pattern, he then forwarded it to the County, but he has had no response to date. Under this plan, the gas station has to be taken on the_northwest corner. Eie sa�.d that the City certainly needs cooperation from the County. He said that he did not want to see two exits, one on each side of the signals, and he felt that the Council should insist that there not be two �- '�� REGULAR COUNCIL MEETING OF OCTOBER 21, 1968 PAGE 18 � openings by the signals. He said at this time the request is for the superette and Y.he car wash. He said thac the parking facilities are adequate for the two buildings, but not ior the office building, He said that they did not have enough land to put an such a large office building as they propose, therefore, approval should only be on the car wash and superette. He said that they propose both an inlet and an outlet. He re-emphasized that the tra££ic pattern must be resolved. Councilman Harris pointed aut that as this area is rapidly develop- ing, the County will soon be £orced to act. There followed some discussion while looking at the plans. Council- man Sheridan suggested allowing a temporary en�rance. Councilman Samuelson said that the residenta.al portion should be closed up and the commercial opened. The City Engineer agreed that a tempo- rary access might have to be provided, but that it must be closed up later. He said that he felt that this would be a nice addition to the area. � MOTION by Counca,lman Harris to approve the building permit for the car wash and superette at 6500 East River Road requested by Robert Schroer sub�ect to the Building Standards - Design Control stipu- lations, and sub�ect to acquisita.on of easement and the suggestions o£ the Engineer relatzve to access on Mississippi Place, Seconded by Councilman Liebl. Upon a voice vote, F'�irkham, Liebl, Harris, and Sheridan voting aye, Samuelson abstaining, Mayor K�.rkham declared the motion carried. Councilman Liebl said that he would like to have a chance to look at these plans that the Council is expected to act upon, The City Enqineer said that they are always available at his office and he is welcome to come in anytime to look at them. RECESS: Mayor Kirkham called a recess at 11:10 P.M. 2. C�NSIDERATION OF A REQUEST TO CONS'PRUCT BOS'S PRODUCE RANCH, LOCATED AT 7620 UNIVERSITY AVENUE N.E., FRIDLEY, MINNESOTA. (REQUEST BY ROBERT SCHROER, 6520 EAST RIVER � ROAD. FRIDLEY, MINNESOTA): The City Engineer explained that the Buildinq Standards - Design Control concurred with the general concapt, but that Robert Schroer has to get a rezoning from M-2 ta C-2S, therefore there is no Council action necessary. i -i li 4_ f� REGULAR COUNCIL MEETING OF OCTOBER 21, 1968 PAGE 19 3. CONSIDERATION OF A REQUEST TO CONSTRUCT A GARAGE FOR THE PURPOSE OF S'PORPIGE OF MAINTENANCE VEIiICLES, LOCATED AT 980 OSBORNE ROAD, FRIDLEY, MINNESOTA. (REQUEST BY J& W BUILDING ACCOUNT, 8411 CENTER DRIVE, MINNEAPOLIS, MINN.): The City Engineer explained the recommendations of the Building Standards - Design Control and said that they are applying for a setback waiver in the lront yard irom 100' to 60' to conform with other buildings in the area. This is being considered by the Board of Appeals. Councilman Harris asked i� there was to be any outside starage. The City Engineer said no. He said that the rront is to be brick and the sides are to be block and it will iace onto Osborne Road. He said that it was 60' x 200' ior a total square footage of 12,000. � Councilman Samuelson asked i£ the parking lot was blacktopped. The City Enganeer said yes, and that it is adequate now. He pointed out that one side is only 1' trom the property line, and asked it � it could not be made into a common wall when there is future development. Vi Nagel saa.d that this could be done. Councilman Samuelson said that there should be an additional requirement Eor 5' sidewalks across the front of the building. Councilman Sheridan asked iL- the parking in front of the building was necessary. A visitor to the Meeting saifl that this was the suggestion oi the Building Standards - Design Control Subcommittee, and was not on their original plans, but was added on their re- commendation. He said that if the front yard parking was eliminated, Lhere would still be plenty of room for parking. MO�1'ION by Councilman Samuelson to concur with the recommendations of the Building Standards - Design Control, with the additional requirements of 5' sidewalks in front of the building, and the elimination of the front yard parking. Seconded by Councilman Harris. Upon a voice vote, all voting aye, Mayor Kirkham de- clared the motion carried unanimously. 4. CONSSDERATION OF A RE4UEST TO CONSTRUCT A F2LM DEVELOPING SERVICE BUILDING AT THE MOON PLAZA 5HOPPING CE[dTER, 62ND Councilman Sheridan asked if this would be an island type of establishment. Mr. Knickerbbcker said it would, and would be manned by an employee. , REGULAR COUNCIL MEETING OF OCTOBER 21, 1968 PAGE 20 � The City Engineer showed the plan to the Council. He said that Moon Plaza Shopping Center needs a 1ot of main�enance and the park- ing I.ot is in bad shape. � , Mr. Kna.ckerbocker would be only 36 setback was from it was 92'. said that it would be a 4' x 9" building, so ic square feet. Councilman Samuelson asked what the the front property_lina. Mr. ECnickerbocker said Councilman Harris said that he had no objection to granting this permit, however, he felt that Moon Plaza should be made to clean up their violations, as they have promised. Counciiman Sheridan aqreed with granting the building permit sub,7ect to Moon Plaza cleaning up their property, to meet City standards, The Council assured Mr, Knickerbocker that their ob�ections were not directed toward him, or his company but taaard Moon Plaza Shopping Center. Councilman Harris said that he thought L-hat the Building Inspection Department has a list of violations. The City Manager said that he thought that there was a new awner now, a Mr. Gearman, and thac some proyress has been made in cleaning up f.he problems. Councilman Harris suggested invitiny.the owner =rom Moon Corp, to come to a Council Meeting to get this straightened out and to insist on compliance with our ordinances, MOTION by Councilman Liebl to grant the building permit request by Fotomat Corporation sub,7ect to correc�ion oF the violations oi the Moon Plaza Shopping Center. Seconded by Councilman Samuelson. Upon a voiae vate, all voting aye, Mayor Kirkham declared the motion carried unanimously. Councilman Harris asked that this list oi violations be brought back on the ne�ct Regular Meeting Agenda. RECEIVING THE MINUTES OF THE PLANNING COMMIS5ION MEE'PING OF OCTOBER 10, 1968: MOTION by Councilman Harris ia receive the Minutes of the Planning Commission Meeting o£ October 10, 1968. Seconded by Councilman Samuelson. Uppn a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously. The City Engineer said that there were only �wo items which needed Council attention. 1. LOT SPLIT RSQUEST: L.S. #68-16, ROBERT WILSON: Lot 4, Block 1, Wilson Addition. Split into two 50'9" Lots. R�GUL�R COUNCIL MEETING OF OCTOBER 21, 1968 PAGE 21 Mo�i'ION by Councilman Liebl to concur with the recommendation of the Planning Commission that a building permit be granted for only one house until the property is rezoned R-1. Seconded by Councilman Harris. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried. 2, LOT SPLIT REQUEST: L.S. #68-15, VILAS M. NAGEL: Lot 4, Block 1, Nagel's N7oodlands VACATION REQUEST: SAV #68-06, VILAS M, NAGEL: Lots 1 through 4, Block 1, Nagel's Woodlands. Drainage and utility easement between above lots and south line of outlot wl. (970 Osborne Road) Councilman Harris said that as i�e recalled this involved moving the easement from the north of Lot 4 to L-he south of Lot 4. MOTION by Councilman Harzis to concur with the Planning Commission recommendations £or L-he vacation request SAV #68-06 of the drainage and utility easement between Lots 1 and 4, Block l, and the soui:h line of putlot $�l, Nagel's G�doodlands, and also to concur with the loc split request by Vi Nagel L.S. #68-15 in splitting off 216 iee� i-rom the west and thai. the easterly portion of Lot 4 and Lot 1 must be maintained under single ownership. Seconded by Council- man Samuelson. Upon a voice vote, all voting aye, Mayor Kirkham declared the motaon carried unanimously. Mr. Vi Nagel commented that he had already recorded the deed for the easement with Anoka County. RESOLU7.'ION #165-1968 - A RESOLUTIDN REGARDING TRANSPORTATION OF DEFENDAN7.'S, ANOKA COUNTY MUNICIPAL COURT: Mayor Kirkham read the resolution aloud to the audience. MOTION by Councilman Samuelson to adopt Resolutaon #165-1968. Secondecl by Councilman Sheridan. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carriefl unanimously. DISCUSSION OF BUILDING PERMIT RE4UEST ON Sz OF LOT 4 AND LOT 5, BLOCK 14, fIAMILTON`S ADDITION TO MECEIANICSVILLE: (McCLISH) Councilman Liebl asked Mrs. McClish what she intends to do. Mrs. McClish answered that she wanted to build a single family dwelling. She e�:plained that she had written a letter to Mr. Bernard offering him rhe 15' that he would need for his parking facilities in return L-or payment of- the back taxes on it. hut she had received no answer, so she saad she assumed that he was not interested. � ' 7 , � REGULAR COUNCIL MEETING OF OCTOBER 21, 1968 PAGE 22 Councilman Harris said that this has been a problem for some time and it will not get solved by allowing the land to stand vacant. Mrs. McClish said that there should be adequate parking space behind the tri-plex. Councilman Samuelson cammented that the building corporation is naa defunet. Mrs. McClish said that she is planning to build a house 24' x 40' and placing it the long way on the lot. MOTION by Councilman Samuelson that to resolve a problem of long standing, thia building permit be granted for a single family dwelling and waive the ordinance. Carl Paulson raised a question about setback requirements. The City Attorney said that there was ample room and no problem. Mayor Kirkham said that the Council attempted to get the tri-plex next door to get adequate parking back in 1960, buL we cannot force him. Carl Paulson asked if this was an error o� long ago that the Council is attempting to correct and Mayar Kirkham told him that was right. TAE MOTION made by Councilman Samuelson was seconded by Council- man Liebl. Upon a voice vote, all voting aye, Mayor xirkham declared the motion carried unanimously. LICENSES- MOTION �y Caunailman Harris to approve the £ollowing licenses: MULTIPLE DWELLING: Name Address Units Fee Lester Mayo 5974 3rd St. N.E. 495D Madison St. N.E. Minneapolis, Minnesota A& G Enterprises 5701 Highway #65 Pine Tree Lake Road White Bear Lake, Minn. A& G Enterprises 5650 Po1k St. N.E. � Pine Tree Lake Road White Bear Lake, Minn. A& G Enterprises 5700 Polk Street N.E. Pine Tree Lake Road White Bear Lake, Minn. � 32 32 32 10.00 32.00 32.00 32.00 i � ' i s_ , r R�GULAR COUNCIL MCLTING OF OC^lOBFb: 21, 1968 Multtple �vaelling Licenses Contznued: Eugena Lashins]�i 4030 P4ain Street N.E. 1035 PolY> Place N.E. P4innu�polis, idinn. BLACKTOPPING Pion:cr Blacktop Co. 2642 3ames Ave. N. � Plinneapolis, Bfinnesota Bya ArL- Scherber NEY1 GENi�P.AI� CONTI,ACTING Carlson LaVine,Tnc. 2831 Aldrich Ave. South 3 Minneapolis, Minnesota By: Erick LaVine RENELdAL Harris Erection Co. 6210 P.ivervie�� 'Lerrace Fridley, M�nnesota By: flarold Harris R�N�SdAL Adolph F.gge 2327 4th Ave. N. Anoka, Ninnesota By; Adolph Egge NE41 Imperia] Gara�e Euilders 12453 73rd Ave N. Osseo, Minnesota By: Gordon Olson NEW Weco, Inc. 6921 Logan Avc N. Broolclyn Center, Plinnesota By: Watson Eggenud I�Sd HEATING Johnny's Inc 6846 O;seo Foad N. Broolclyn Center, Minnesot�t By: Don Rosen NEW MAS ONP.Y H C. Wagar Co , Inc. 5940 Stinson Blvd. N. E Fridley, h1�.nnesota By: H. C. L7ager RENEL!AL CTC�.ATt � ^1'I'�� RY Food aor���nza� 7nc John ld. Hooley 250 Osbornc Doad Fridley� T`inn.�ot� PAGE 23 10.00 APPROVRD Bldg Insp. , BLDG, TNSP. BLDGo INSP, BLDG. IN9' . � BLDG, INSP. BLDG, INSP, BLDG, INSP. B1dU. Insp. APPRO'1F,n BY Chicf of Yolica � DIFbI �� �� � � , REGULAR COUNCIL MEETING OF OCTOBER 21, 1a68 PAGE 24 THE MOTION to grant the licenses was seconded by Councilman Liebl. Upon a voice vote, all voting aye, Mayor Kirkham de- clared the motion carried unanimously. RECEIVING THE MINUTES OF TAE BOARD OF APPEALS MEETING OF OCTOBER 16, 1968- The City Engineer said that there was no quorum present, so there was no of£icial action necessary. MOTION by Councilman Samuelson to receive the Minutes of the Board o£ Appeals Meeting of october 16, 1968. Seconded by Councilman Liebl. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously. Mayor Kirkham asked who was present £or Appeals Minutes. if there was anyone present in the audience any of the items covered in the Board of 1. A REQUES'P FOR A SPECIAL USE PERMIT AS PER SECTION 45.19 2d FOR THE CONSTRUCTION OF A NURSING HOME IN AN R-1 ZONZNG ON PART OF OUTLOT #1, MELODY MANOR 4TH ADDITION, ANOKA COUNTY, MINNESOTA, TIiE SAME BEING 7574 LYRIC LANE, FRII�LEY, MINNE90TA. (REQUEST BY MEDICARE DEVELOPM�NT CO., 640 RAND TOWER, MINNEAPOLIS, MINNESOTA); Mr. Joseph Gitis representing Medicare Development Company said that he was at the Board of Appeals Meeting. He said that it was his understanding that a Special Use Permit was granted to Mike Hafner about 3 years ago £or a nursing home. I-ie said that since that time, his company has taken over the land. He said that thi� would be south of the clinic. He said that it wauld lae facing Lyric Lane and would have 130 beds. Councilman Harris said that he wanted to make sure that the access would not be onto Lyric Lane which is a residential street. MOTION by Counailman Samuelson to concur with the Board of Appeals with the exception that the access and exit should be on Madison Street and upon submittinq more complete plans showing just what land was involved. � Councilman Harris said that he felt that the Council should have a more complete plot plan before coming to any decision. Council- - man Samuelson said that it would be better to rezone to CR-1 than to obtain a Special Use Permit, since there is a special zoning category ,7ust for clinics and laboratories. COUNCILMAN SAMUELSON WITHDREW HIS MOTION. ii REGULAR COUNCIL MEETING OF aCTOBER 21, 1968 PAGE 25 Ivlr. Gitis agreed to try to put the access point on Madison Street and to come back with more complete plans. Councilman Samuelson suggested that he should get all the information together before the Public Hearing before the Board of Appeals and to start action on Lhe zoning change. The City Engineer agreed and said that since the Board oF Appeals had no quorum, the Public Heari.ng would have to be held again. RECEIVSNG 4UOTES FOR HCC ROCK SALT (QUOTES OPENED OCTOBER 14, 196$): There were three quotes received tor t�e winter salt supply, which were: 1. Cargill Company - - - - - 2. Diamond Salt Company - - 3. International Sa1t Company -$12.99 per tan -$12.30 per ton -$11.59 per ton It was the recommendation oi the Director of Public Works that the salt be purchased by the City of Fridley, rather than through the Anoka Caunty bid, so as not to lose the City's identity in the bidding market. MOTION by Councilman Harris to concur with the recommendation ot the Di�ector of Public Works and purchase the HCC Rock Salt from International Salt Company, Rand Tower, 527 Marquette Avenue South, Minneapoiis, Minnesota 55402 in the amount of $11.59 per ton. Seconded bp Councilman Samuelson. IIpon a voice vote, all voting aye, Mayor Kirkham declared the motzon carried unanimously. CONSrDERATION OF VdI'�'H�IOLDING LOT FRdM TAX FORFEIT SALE I,OT 28 BLOCK A, RIVERVIEW HEIGEiTS ADDITION: MOTION by Councilman Samuelson to concur with the recommendation of the Engineering Assistant that this lot be reserved for the City of Fridley for streei right of way. Seconded by Councilman Harris. Upon a voice vote, all voting aye, Mayor Kirkham de- clared the motion carried unanimously. CONSIDERATION OF ASSUMING A PORTION OF A BILL FOR WEEII Ci7TTING ON PROPERTY 11T b8TH AVENUE AND OAKLEY STREET: MOTION by Councilman Liebl to concur with the recommendation of the Parks Director and that the $50.00 be assumed by the City fox clean-up of thxs area. Seconded by Councilman Samuelson. Upan a voice vote, all voting aye, Mayor Kirkham declared the mota.on carried unanimously. � r � , REGULAR COUNCIL MEETING OF OCTOBER 21, 1968 PAGE 26 , Cauncilman Sheridan brought up another matter which he felt needed attention. He said thai the area around Spartans needs cleaning up, and also wondered i£ there was land enough available for the two large signs which are located there. The Gity Manager said that he has been trying to get all the owners together to get this area cleaned up. RECEIVING THE REPORT OF SEWAGE FLOW MF.ASUREMENTS AT 69TH AVENUE AND UNIVERSITY AVENUE: The City Engineer said that the City ran measurements and they sh�,ved the £low is no more than 200 gallons per REC. MOTION by Councilman Harris to receive the report and authorize the City Engineer to refer copies of the report to the North Suburban Sanitary Sewer District. Seconded by Councilman Liebl, Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously. � AUTHORI2ATION FOR ACQUISITION OF RIGHT O}? WAY FOR EAST LOOPBACK AT 57TH AVENiJE AND T.H. #47 SERVICE DRIVE: The City Engineer said that this is between 5'Jth Place and 57th Avenue £or the 4th Street loopback. He said that if the City Council wishes to proceed with this improvement then the Crty is to obtain the necessary right of way which would be Lots 8 and 9. He said that they were 40' iots, and that the City would need the 80' because of the fill required. MOTION by Councilman Samuelson to concur with the recommendation of the City Engineer and authorize the City Attorney to proceed with the acquisition of the right of way by negotiata.on or con- demnatiD n. Seconded by Councilman Harris. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried un- animously. CONSIDERATION OF PROPOSALS FOR RENAMING STREETS: The City Engineer explained briefly that there were three cate- gories Zn his proposal. One was for pu'ralic safety, one for the necessary ad�ustments, and the thira was a complete overall ad- , justment. It was agreed by the Council to bring this back at the next Regular Council Meeting, due to the lateness of the hour. :'_ i� � � R�GULAR COUNCIL MEETING OF OCTOBER 21� 1968 PAGE 27 CONSSDERATION OF PROPOSAL FOR PLANTING TREk:S ON 73RD AVENUE BETWEEN T.H. #47 AND T.H. #65 TO MAKE IT A BOULEVARD: Councilman Samuelson commented that this would make a good area £or boulevard trees, and would be a great asset to the industrial area there. The City Engineer agreed, and said that it would provide a nice buEfer between the residential area on the n� th and �he industrial area on the south. He said that the City awns the boulecard area and would have to be maintained by the City. Mayor Kirkham suggested that this might be a program one of the service clubs would be interested in participating in. Mr. Ra.chard Harra.s suggested proposing it to the school for their arbor day program. MOTION by Councilman fiarris to tal�le this matter until more detailed plans can be brought back. The motion was seconded Yry Councilman Samuelson. Upon a voice vote, a11 vota.ng aye, Mayor Y.irkham declared the motion carried unanimously. CONSIDERATION TO ADVERTISE FOR BIDS FOR PARK GAIiAGE iMETAL BUILDING) INSULAT IC) N • Councilman Samuelson asked a� this is necessary. He said that he understood thac originally the Public Works Garage would be used for maintenance o£ the Park vehicles. 1'he City Manager said that the Director of Public Works did not ieel that there would be su£ficient space for storage and mainten- ance ot both the Parks and Public Works vehicles. Councilman Liei�l asked h�v much this would cost. 'I'he City Manager estimated about $2500. Councilman Sheridan asked if the granular £und for the Park Department could be used. He said that it was his understanding tha� this fund could only be used on park land. It was poa.nted out that some of that fund was used to improve the Parks and Recreation Department new quarters in the City Hall, but that it musL- be re-paid next year. MOTION by Councilman HarYis to table this item for further analysis. Seconded by Councilman Samuelson. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously. CONSIDr;RATION OF APPROVING STOP SIGNS IN THE CI'PY OF FRIDLEY: MOTION by Councilman Samuelsan to table this item until the next Regular Meeting. Seconded by Councilman Sheridan. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously. , � � °_ ; _ REGTJLAR COUNCIL MEETING OF OCTOBER 21, 1968 PAGE 28 1 RESOLU'i'ION #166-1968 - RESOLUTION NAMING STREET "SIVER^15 LANE": MOTION by Councilman Aarris co adopt Resolution ,-'�-166-1968. Se- conded by �ouncilman Lieb1. Upon a voice voL-e, all voting aye, Mayor Kirkham declared L-he motion carried unanimously. RESOLUTION #167-1968 - RESOLUTION RECEIVING THE REPORT AND AUTHO- RI2ING PREPARATION OF FINAL P7,11NS AND SPECIFICATIONS FOR TESTING PROGRAM TO LOCATE FUTURE WELL SITES: WATER PROJECT #� 75-H: Mr. Comstock said that there were seven well sices proposed. He said that one well site is in the loopback area o£ the Great Northern Railway Company. He said that unfortunately some oL- the sites are on property of high value, although two well sites are in Locke Park, and one is on the Moore Lake Park area. Council- man Samuelson said that it was his understanding that ultimately the City would have to develop from 7 to 9 wells over a period of time. Mr. Comstock said that now would be a good ta.me to get the costs o£ the testing program. Councilman Samuelson said � that adding wells in the intermediate level is a good idea and this could save a booster station for a savings of $40,000 to $50,000. Mr. Comstock said that the map �hey have of the bed rock layers is about the best available. Councilman Liebl asl:ed if the State did not have any. Mr. Coms�ock said no, and that these are the most recent he knows of_ MOTION by Councilman Samuelson to adopt Resolution fr167-�1968, receive the report and authorize the Engineers to proceed with the improvement. Seconded by Councilman Harris. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously. RESQLUTION #168-1968 - RESOLUTION ORDERING IMPROVEMEN`P, AND I'INAL PLANS AND SPECIFICATIONS AND ESTIMATES OF COSTS THEREOF: WATER SANITARY SEWER AND STORM SEWER PROJECT #90: MoTION by Councilman Harris to adopt Resolution #�168-1968. Se- conded by Councilman Shera.dan. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimois ly. c�zc�s - � MOTION by Councilman Harris to approve payment oE General Claims �16285 through #16405 and Liquor Claims ;;2638 through ;#2699. Seconded by Councilma.n Samuelson. Upon a voice vote, all ooting aye, Mayor Kirkham declared the motion carried unanimously. REGULAR COUNCIL' MEETING OF OCTOBER 21, 1968 ESTIMATES• PAGE 29 MoTION by Councilman sheridan to approve payment of the following escimates: Allied Blacktop Company 3601 48th Avenue North Minneapolis, Minnesota FINAL ESTIMATE #1 £or Street Improvement Pro,7ect St. 1968-10 (Seal coating) according to contract Minnesota Highway St. Paul Minnesota 55101 Department $11,404.90 FSNAL ESTIMATE for wor]c perPormed on Agreement �55006. City's share of TraP£ic Signal Cost. T.H. #47 and Slst Ave. N.E. $ 400.15 iFIE MOTION seconded by Councilman Samuelson. Upon a voice vote, all vating aye, Mayor Kirkham declared the motion carried un- animously. FIRST READING OP AN ORDINANCE ADOPTING THE BUDGET FOR FISCAL YEAR 1969: RESOLUTION DETERMINING THE NECESSITY OF AND PROVIDING FOR A TAX LEVY IN EXCESS OF NORMAL CI�PY CHARTI�:R �'AX LIMITS: RESOLUTION CERTIFYING TAX LEVY REQUIR�.MEN'I'S FOR 1969 TO THE COUNTY OF ANOKA FOR COLLECTIONS: It was mutually agreed by the Council to table these three items until the next Regular Council Meeting to allow for further study when the Public Hearing will be continued. COMMUNICATIONS: A. INFORMATION COPY OF LETTER OF COMMENDATION TO JAMES HENSLEY• MOTIUN by Councilman Liebl to receive the letter sa.gned by Mayor Kirkham to James Hensley dated October 16, 1968. Seconded by Councilman Sheridan. Upon a voice vote, all votxng aye, Mayor Kirkham declared the motion carried unanamously. �� �' � � REGULAR COUNCIL MEETING OF OCTOBER 21, 1968 PAGE 30 � B, PUBLIC SERVICE COMMISSION: PUBLIC HF.I�RING ON DISCON- TINUANCE OF A Si:RVICE; MOTION by Councilman Harris L-o receive the copy of the Notice o£ Hearing by the Northern Pacitic Railway Company dated October 14, 1968. Seconded by Councilman Samuelson. Upon a voice vote, a11 voting aye, Mayor Kirkham declared the motion carried unanimously. C. TOWLE COMPANY: LETTER OF APPRECIATION ON INDUSTRIAL DEVELOPMENT TOTJR MOTION by Councilman Samuelsan to receive the communication irom the Tawle Company dated October 14, 1968. Seconded by Councilman Harris. Upon a voice vote, all voting aye, Mayor Kirkham de- clared the motion carried unanimously. D. FIRST NATIONAL BANK OF MINNEI�POI�IS: L�TTER OE APPRECIAlION ON INDi7STRIAL Dh'VELOPMF.NT TOUR: � MOTION by Councilman Samuelson to receive the lec�er irom the First National Bank of Minneapolis, dated October 15, 1968. Seconded by Councilman Harris. Upon a voice vote, all vocing aye, Mayor Kirkham declared the motion carried unanimously. BOARD OF APPEALS SECRETARY: Mayor Karkham said that the Board of Appeals Mlnutes pointed ou� that by Ordinance, the City Manager is the o==icial secretary to the Board o£ Appeals. He said that he thought that the Council should get this straightened out by an amendment. Councilman Samuelson agreed, with the comment that he did not £eel that it would make a good working situation to have �he City Manager sitting �.n on committee meetings. He felt L-hat the City Manaqer should not sit in on any commissions or committee meetings. Councilman Sheridan agreed and suggested L-hat the City Attorney bring back an amendment to the Ordinance on 'che organization of the Board of Appeals leaving it to the discretion of the City Manager to appoint an appropriate member o� the eity staff to act as secretary to the Board. The City Attorney said that he would prepare this and bring it baek at the ne:ct Meeting. � ADJOURNMF.NT� There being no further business, Mayor Kirkham declared the Regular Council Meeting oi october 21, 1968 ad�ourned at 12:45 A.M. �spectfully submitted, � � //�Ur G/� ��GC-`C e`-e,•L ' Juel Mercer Secretary to the City Council �.�,�+F � %l:�•1c�-�.. ,Tack O. Y.ir]cham Mayor ��