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03/17/1969 - 00019623' L_� � �� L �� � THE MINUTES OF THE REGULAR COUNCIL MEETING OF MARCH 17, 1969 Mayor Harris Pro tem called the Regular Council Meeting of March 17, 1969 to order at 7 37 P.h1. PLEDGE aF ALLEGIANCE: Mayor Harris Pro tem requested that the audience stand and �oin the Council in saying the Pledge of Allegiance to the Flag. ROLL CALL� MEMBERS PRESENT MEMBERS ABSENT Liebl, Harris, Samuelson, Sherzdan, Kirkham (Arrived at 8 22 P.M.) None APPROVAL OF MINUTES OF THE REGULAR C011NCIL MEETTNG OP MARCH 3. 1969 MOTION by Councilman Samuelson to adopt the Minutes of the Regular Council Meeting of March 3, 1969 as presented Seconded by Councilman Liebl Upon a voice vote, all voting aye, Mayor Harris Pro tem declared the motion carried, APPROVAL OF MINUTES OF THE SPECIAL PUBLIC HEARING AND WORKSHOP M�ETING OF MARCH 10. 1969 MOTION by Councilman Liebl to adopt the Minutes of the Public Hearing and Workshop Dleeting of March 10, 1969 as presented Seconded by Councilman Sam- uelson Upon a voice vote, all voting aye, Mayor Harris Pro tem declared the motion carried. ADOPTION OF AGENDA MOTION by Councilman Sheridan to table Item #1 under Old Business (Second Reading of the Sign Ordinance) and add• #26A Resolution to advertise for bids for 3/4 ton wheel drive truck with box $ snow plotiv for the Parks Department; and D. under communications Fridley Senior High. Request for use of Court Room for play. Seconded by Councilman Samuelson. Upon a voice vote, all voting aye, Mayor Harris Pro tem declared the motion carried.� Councilman Harris explained that the Fridley Industrial Development Commission wished to make some comments on the Sign Ordinance It is to appear on the Agenda when their comments are received He asked that a copy of the proposed Ordinance be sent to the Commission VISITORS Mayor Harris Pro tem asked i£ there was anyone present who tiaished to speak on any item not on the �genda. There was no response. ORDINANCE #413 - AN ORDINANCE Ab1ENDING SECTION 74.03 OF TH� CITY CODE (Bicycle Plates and Registration CardsJ MOTIOh by Councilman Sheridan to adopt Ordinance #413 as amended on second reading, � GR 6� x*+C-, REGULAR COUNCIL M�ETING OF MARCI-I 17, 1969 PAGE 2 waive the reading and order publication. Seconded by Councilman Liebl. Upon a roll call vote, Liebl, Harris, Samuelson, and Sheridan voting aye, Mayor Harris Pro tem declared the motion carried. FIRST READING OF AN ORDINANCE TO AMEND THE CITY CODE OF THE CITY OF FRIDLEY, MINNESOTA BY MAI:ING A CHAniGE IN ZONING DISTRICTS: (Louis Momchilovich - ZOA #68-11, to rezone from R-1 to R-3A) NIOTION by Councilman Sheridan to approve this Ordinance on first reading and waive the reading Seconded by Councilman Samuelson. Upon a roll call vote, Sheridan, Liebl, Harris, and Samuelson voting aye, Mayor Harris Pro tem declared the motion carried FIRST' READING OF An ORDINANCE TO AMEND THE CITY CODE OF THE CITY OF FRIDLEY A CHANGE IN , to rezone irom x-1 to Enterprises, Inc. Councilman Liebl asked the City Engineer to point out the area involved. The City Gngineer showed the area on the screen and said that rt is bounded on the north by 69th Avenue, on the east by Stinson Boulevard and that rt extends south for 813 feet Councilman Liebl asked if Hammerlund Enterprised is going to deed some park land to the City, if the rezoning is granted. Councilman Samuelson said that he is dedicating some land to the City. The City Engineer added that he is also going to give the City some easements, when the second reading is com- pleted The City Attorney suggested getting an agreement to this effect signed before the second reading of the Ordinance MOTION by Councilman Liebl to approve the Ordinance on first reading and waive the reading. Seconded by Councilman Samuelson Upon a roll call vote, Samuelson, Sheridan, Liebl, and Harris voting aye, Mayor Harris Pro tem declared the motion carried REC�IVING THE MNUTES OF THE BOARD OF APPEALS MEETING OF MARCH S, 1969. MOT10N by Councilman Liebl to recezve the T4inutes of the Board of Appeals Mecting of Alarch S, 1969. Seconded by Councilman Sheridan. Upon a voice vote, all voting aye, Mayor Harris Pro tem declared the motion carried. RECEIVING THE MINUTES OF THE PARKS AND RI:CREATION COMMISSION MEETING OF MARCH 6, 1969 MOTION by Councilman Samuelson to receive the Minutes of the Parks and Recreation Commission Meeting of March 6, 1969 Seconded by Councilman Sheridan Upon a voice vote, all votzng aye, Mayor Harris Pro tem declared the motion carried. RECEIVING THE h1INUTES OF THE BUILDING STANDARDS - DESIGN CONTROL SUBCONID4ITTEE ME�TING OF MARCH 12, 1969: 1, CONSIDERATION OF A REQUEST TO REFACE A BUILDING LOCATED ON LOT 1, BLOCK 1, 6VALNUT ADDITION, TI-IE SAD7E BEING 7365 CENTRAL AVENUE N.E., FRIDLEY, MINN. (REQUEST BY RICIIARD POVLITZKI, 7516 ARTHUR STREET N.E., FRIDLEY, NIINN.) The City Engineer said that the City had an agreement for some outside work to be done, but it cannot be executed because he is buying the 6uilding under a contract for deed The City Attorney added that Mr. Povlitzki had agreed to ' � � � � �-. '� _ ,� „��, REGULAR COUNCIL MEETING OF MARCH 17, 1969 , tear down the building behind the Frontier Club PAGE 3 h10TI0N by Councilman Sheridan to instruct the Administration to ask the Sub- commlttees of the Planning Commissaon to spell out the notations made on the plot plans so they will be clear in the A7inutes. The City Engineer explained that the applicant is requesting a permrt to reface his building and fix it up He said that originally there were four tenants in the building, but now there are only two; the Frontier Club and the Hardware and Feed Store. He said that the Building Inspection Department had a plan all drawn up £or him for parking and landscaping in the front and back, but the Hardware Store has a lease on part of the building, and this includes the building behind the store. This means that Mr. Povlrtzki cannot tear the building down to obtazn more parking area. Councilman Sheridan asked if this building in back extends the whole distance oi the Frontier Club The City Engineer said no. Councilman Sheridan felt that the removal of the shed would be harmful to the Hardward Store's business Councilman Harris agreed that something should be dane with the front of the building The City Engineer suggested, if the shed cannot be removed, maybe some addrtional parking could be arranged along the side. Councilman Liebl commented that the Council has ad- vocated adequate parking facilities for other businesses Councilman Samuelson asked who is to bear the burden of preparing these plans, the Engineering Department or the applicant. He felt that this should be done by the applicant. � THE MOTION by Councilman Sheridan was seconded by Councilman Samuelson Upon a voice vote, all voting aye, Mayor Harris Pro tem declared the motion carried. MOTION by Councilman Samuelson to concur with the Building Standards - Design Control in granting the permit, sub7ect to the stipulations imposed, and sub�ect to the applicant submitting plans showing adequate parking and landscaping, and approval of other lessee in the building. The Motion was seconded and upon a voice vote, all voting aye, Mayor Harris Pro tem declared the motion carried 2 CONSIDERATION OF A REQUEST TO REMODEL AND INSTALL ADDITIONAL BAY AND STORAGE ROOD7 TO PRESENT SERVICE STATION AT 7650 I-IIGHWAY #65, THE SAME BEING LOT 1, BLOCK 2, LAMPERTS ADDITION, FRIDLEY, MINNESOTA. (R�QUCST BY AMERICA The City Engineer said that the Building Standards - llesign Control had approved of thls request sub�ect to some stipulations. He said that this request is for the expansion of the gas station located on the southwest corner of Osborne Road and T.H. #65. They want to add one bay and blacktop the south area, and they are to put in concrete curbing to separate direct traffic flow from the lumber yard MOTION by Councilman Samuelson to table this request, as this station has very poor maintenance. Seconded by Councilman Lie61 Upon a vosce vote, all voting aye, Mayor Harris Pro tem declared the motion carried � 3. CONSIDERATION OP A REQUEST TO CONSTRUCT A COMMERCIAL BUILDING ON LOTS 10, $ 11, BLOCK 6, ONAWAY ADDITION, THE SAME BEING 7714 BEBCH STR�ET N.E , PRIDLBY MINNESOTA. (REQUEST BY ARNOLD PETERSON, 2211 FILLMORB STR�.ET N.L-., N1INN�AP- OLIS. M The City Engineer said that this request is for a 40' X 60' building to he located � `'�_iL REGULAR COUNCIL A4E�TING OF b9ARCH 17, 1969 PAGE 4 in Onaway Addition It will face toward Beech Street. He said that they were advised that the City is going to be putting in water and sewer in this area, so there will not be a necessity £or them to put in a well or cess pool. Councilman Liebl asked what stipulations the Building Board recommended. The Crty Engineer replied that they noted on the plan that concrete curbing was to be put in and that it was to be brick veneer part way up and the rest painted Ulock. MOTIDN by Councilman Liebl to grant the building permit to A1r Arnold Peterson for construction of a building on Lots 10 $ 11, Block 6, Onaway Addition, sub- �ect to the stipulations noted on the plan. Seconded by Councilman Samuelson. Upon a vmce vote, all voting aye, Mayor Harris Pro tem declared the motion carrled MOTION by Councilman Sheridan to receive the Minutes of the Building Standards - Design Control Su6committee Meeting of March 12, 1969 Seconded by Councilman Samuelson. Upon a voice vote, all voting aye, Mayor Harris Pro tem declared the motion carried. RECEIVING THE MINIITES OF THE PLANNING COMMISSION MEETING OF MARCH 13, 1969: The City Engineer said that he is planning to meet with the Planning Commission to see if another night could be arranged for their Meetings, to allow time for the Minutes to be prepared and lncluded in the Agenda. 1. REZONING REQU�ST BY N. CRAIG JOHNSON (ZOA #69-03). S.E. Corner of 79th Way and East River Road. Rezone from C-2S and M-1 to R-3 The City Engineer said that there was no ob�ections from the surrounding pro- perty owners at the Public Hearing before the Planning Comm�ssion, however, the School Board did show some concern over the ever-increasing number of apart- ment houses, and the effect this would have on the schools. He explained that as the Public Hearing D9eeting Agenda is already very full, he would suggest that the Public Hearing Ue held April 7, 1969. MOTION by Councilman Samuelson to set the Puhlic Hearing date for the Rezoning Request by N Craig Johnson for April 7, 1969 Seconded by Councilman Sheridan. Upon a voice vote, all voting aye, Mayor Harris Pro tem declared the motion carried 2. PROPOSED PRELIMINARY PLAT (P.S. #69-01) BRENTWOOD ESTATES, THOMAS R. SWAN- SON (The rear 431 6 feet of Lot 35, rear 401,9 feet of Lot 33, Revised Auditor's Subdivision #77) MOTION hy Councilman Samuelson to set the Public Hearing date for the Proposed Preliminary Plat Brentwood Estates for April 21, 1969. Seconded by Councilman Sheridan Upon a voice vote, all voting aye, Mayor Harris Pro tem declared the motion carried 3 REZONING RHQUCST BY GORDON G SWENSON (ZOA #69-04): Outlot 1, Block 1, Nagel's Woodlands together with that part of the NiN', of the NW; of Section 12, lying East of Nagel's VVoodlands, West of Lampert's Addition, North of West extension of South line of Lampert's Addition and South of Osborne Road Rezone from M-1 to C-2. MOTION by Councilman Samuelson to set the Puhlic Hearing date for the Rezoning Request by Gordon E. Swenson for April 7, 1969 Seconded by Councilman Sheridan. Upon a voice vote, all voting aye, Mayor Harris Pro tem declared the motion carried � � ' ,y ; �_'.J � REGULt1R COUNCIL MEETING OF MARCH 17, 1969 PAGE 5 � 4. REZONING REQUEST BY CONIMERC� PARK INVESTMENT, ROBERT A GUZY (ZOA #69-OS)• Lots 26 $ 27, Block 2, Commerce Park Rezone from C-1 to CR-2 MOTION by Councilman Samuelson to set the Public Hearing date for the Rezoning Request by Commerce Park Investment for April 7, 1969 Seconded by Councilman Sheridan. Upon a voice vote, all voting aye, Mayor Harris Pro tem declared the motion carried. S LOT SPLIT REQUEST BY SMITH AND ANDERSON, INC. (L.S #69-02-03-04-OS)� Lots 4, 6, 11, $ 13, Block 3, Adams Street Addition. The City Engineer explained that the purpose of these Lot Splits is to divide the land into buildable lots He pointed out that it was hoped that this land would be replatted. If the road pattern stay the same, there could be some heavy assessments on some of the lots Councilman Harris asked if there tvere not homes being built now on 7th Street. The City Engineer said yes there were Councilman Sheridan asked if there were utilities on Washington Street. The City Engineer said yes and added that the lot splits result in combining two 40 foot lots, then shifting the whole area to allow for right of way needed Councilman Samuelson asked if it would not be better to vacate the whole plat and make a new regzstered plat of this area. This would allow for better descriptions to be made of the land This new entity could then be made up into the hard shell form. � It was agreed by the Council to set this aside until about 8 30 as N]r Smith had indicated that he would try to come to the Nleeting, but could not arrive until about 8:30 P M 6. LOT SPLIT REQUEST BY GUNDER R. ANDERSON (L S#69-06-07-OS) Lots 1, 2, $ 3, Block 2, Riverwood Manor The City Engineer explained that this Lot Split is requested as an error tdas found on the survey. It is a split of only a few feet. By granting the lot split, proper side yards would be obtained. The Clty Attorney added that the house was ahout half built when the error was discovered and that he had seen the instruments and he could foresee no problems Councilman Samuelson com- mented that he dad not feel that the Lot Split would cause the City any dif- ficulties, but it might with the mortgage companies. MOTION by Councilman Liebl to concur with the Planning Commission and grant Mr Gunder Anderson the Lot Splits. Seconded by Councilman Samuelson Upon a voice vote, all voting aye, Mayor Harris Pro tem declared the motion carried 7. LOT SPLIT REQUEST BY GEORGE L, WALQUIST (L.S. �69-01) North 100 feet of Lot 4, Herwal 2nd Addition The City Engineer pointed out that there was a letter £rom the owners of the proposed pet clinic included in the Agenda concering getting sewer into this � area He said that the north part of Lot 4 will be used for parking by the Funeral Home. Mr Walquist said that he did not wish to develop the back of the lot at this time. He said that he did not need water to serve the back of the lot, and that he could get water from the water line on T.H R65 . ,r, r � � lip REGULAR COUNCIL ME�TING OF MARCI-I 17, 1969 PAGE 6 Councilman Samuelson asked if this split would give adequate area on the south , one half of the lot to put in a good building if desired in the future. Mr. Walquist said that it would be 150' X 250' and felt that was adequate. He explained that the parking requirements for the Funeral Home has forced him to request this Lot Split Councilman Samuelson said that he could see no pro- blem The City Cngineer said that utilities are needed to serve these parcels. Mr. R'alquist said that the error was the Crty's in not providing sufficient depth of the water line, but it seems that the burden of correcting the error is on him. The City IIngineer explained that the water line was put in in 1959, which was before this Crty Administrations's time, and he supposed that rt was not foreseen that this area would develop. MOTION by Councilman Samuelson to concur taith the Planning Commission recommen- dation and grant a Lot Split to N]r. George Walquist Seconded by Councilman Sheridan. Upon a voice vote, all voting aye, Mayor Harris Pro tem declared the motion carried 8 REZONING REQUEST BY ELDON SCHMEDEKE (ZOA #69-06) Lots 16 through 19, Block I2, and Lot 30, Block Z1, Hyde Park addition. Rezone from R-2 to G2, Councilman Liebl asked what was being done about this. The City Engineer pointed out that the Planning Commission is holding a Public Hearing on April 24, 1969, and the City Counczl is holding a Public Hearing on the Rezoning of Hyde Park on April 14, 1969 9. PROPOSED PRELININARY PLAT, MAPLE MANOR ADDITION, HIGHLAND PARK DEVELOPMENT , COMPANY (P S. #l69-03) Outlot r�l, Melody Manor 4th Addition except the North 400 feet of the West 217.8 feet. The Cit�� Hngineer said t}}at the applicant would like the Council to set the Public Hearing date. He suggested that it be held Apnl 7, 1969 Mf1Y0R KIRKHAM ARRIVED AT 8 22 P M. D10TION by Councilman Sheridan to set the Public Hearing date for the Public Hearing on Proposed Preliminary Plat Maple Manor Addition for April �, 1969. Seconded Uy Councilman Samuelson. Upon a voice vote, all voting aye, P9ayor Ilarris Pro tem declared the motion carried 5 LOT SPLIT RCQUEST BY SMITH AND ANDERSON, INC CONTINUED. Thzs item was again taken up, but �9r Smith was not present. MOTION by Councilman Samuelson to require a replat of the area rather than subdivisions by Lot Splits for greater ease in legal descriptions. Seconded by Councilman Sheridan. Upon a voice vote, all voting aye, Mayor Harris Pro tem declared the motion carried unanimously. MOTION by Councilman Samuelson to receive the Minutes of the Planning Commission Meeting of Plarch 13, 1969 Seconded by Councilman Sheridan Upon a voice vote, , all voting aye, Mayor Harrzs Pro tem declared the motion carried unanimously. RECEIVING THE NfINUTES OP THE FRIDLEY INDIISTRIAL DEVELOPMENT COMPRISSION MEETING OP F�BRUARY 6, 1969 MOTION by Councilman Liebl to receive the Minutes of the Fridley Industrial �i �'� � '� � REGULAR COUNCIL MEETING OF MARCH 17, 1969 PAGC 7 � Development Commission Meetzng of February 6, 1969 Seconded by Counczlman Sheridan, Upon a voice vote, all voting aye, iNayor Harris Pro tem declared the motion carried unanimously CONSIDERATION OF INSURANCE SPECIFICATIONS ADVISORY COMMITTEE Mayor Kirkham commented that he thought the committee was well set up and would like to see the proposal expedited. MOTION by Councilman Liebl to approve the recommendation of the City Manager and authorize his proceeding with the necessary arrangements. Seconded by Councilman Samuelson. Upon a voice vote, all voting aye, Mayor Harris Pro tem declared the motion carried unanimously. ORDINANCE #414 - AN EMERGEnCY ORDINANCE FOR EXP�NDING FUNDS TO REPAIR WELL #2. The Crty Engineer explained that this is one of the two wells that has a suU- mersible pump. The motor has gone out completely and thexe are two choices available. One is to try to repair the pump, however, the company that manu- factures them has gone out of business, and this type of motor is being made by only one other company. The other choice would be to replace the motor , Councilman Samuelson asked how long this motor lasted The City �ngineer replied that it was put in in 1962. Councilman Samuelson asked how many times it has � been repaired. The City Engineer said that it has never been repaired, and added that 7 years is a long life for a submersible pump He said that his recom- mendation would be to go znto a turbine type of motor since this motor has to be replaced This would eliminate high maintenance costs as they are easy to fix i£ something goes wrong. Then a small pump house could be built to house it. He said that this well is in the northwest corner of Fridley Commons He added that this well was baled out in 1964 and �vill have to be baled out again this year Councilman Samuelson asked how much ihe $20,000 will cover The City Engineer said that it would cover everything but the pump house It will cost from �3,000 to $4,000 to bale the well. He said that his Department is going to check the hole to make certain that a turbine type of motor can Ue used He said that there is a 6 week delivery date on the motor and the baling could be done hy the time the pump arrives. He said that it is really a matter of spending a little more money now to same money in the future on maintenance costs. Councilman Samuelson asked how large the casing was Mr DeWayne Olson, of Comstock and Davis, Inc said it was 16" Councilman Samuelson asked if any consideration was given to building this pump house in con�unction with the Parks and Recreation Department. They could then use it for storing equipment, and as a warming house The City Engineer said yes, he had written to the Director of Parks and Recreation so they were aware of this. Councilman Samuelson asked if the Engineering Department would be letting bids. The City Engineer said that the time element involved would not allow for time � to be completed before the peak requirements on the water, which zs the summer- time. He said that the money would be coming from the water fund The City Manager said that there was about $47,000 in the water fund Councilman Sheridan said that he had reservations on the submersible well at the time it was put in Mayor Kirkham asked what the life expectancy of a turbine -� _a� C'� --`1'J REGULAR COUNCIL MEETING OF MARCH 17, 1969 PAGE 8 type pump would be, approximately The City Engineer said that it should last � 20 to 25 years, with proper maintenance Councilman Samuelson asked if they would be letting bids on the pump house The City Engineer said yes, and that they were not planning an expensive building, 7ust one that is serviceable and well built. Councilman Samuelson wondered about the wisdom of spending $20,DOD and not letting bids. The City Engineer said that the time element was a most important issue and added that he would be taking quotations. Councilman Sam- uelson asked when this pump went out. The City Engineer said that he understood that it went out while he was on vacation, which would be about the end of February, 1969. The City Attorney said that he would like to make clear the reason why the whole bidding procedure would not be gone through in this case, is that the time involved �ust would not allow it, taking into consideration the 6 week delivery date, that a resolution authorizing advertisement for bids would have to be passed, the advertisement would have to be published twice, then the bid award made, before anything could be done. The peak period is approaching very soon. b7DTI0N by Councilman Liebl to adopt Ordinance #414 on first reading, waive the reading and order publication. Upon a roll call vote, Kirkham, Lie61, Harris, Samuelson, $ Sheridan voting aye, Mayro Harris Pro tem declared the motion carried unanimously. CONSIDERATION OP DUNKLEY SURFFlCING PERMIT FOR ROCK CRUSHER• Mayor Harris Pro tem pointed out the letter received from Silica Sand Company � indicated that den;_al of llunkley's request would place a hardship on their company He then read the letter aloud for the benefit of the audience from Columbia Heights who were interested in this item. MOTION by Councilman Samuelson to receive the communication from the Minnesota Silica Sand Company dated March 7, 1969 urging the Council to act favorably upon the Dunkley request. Seconded by Councilman Liebl. Upon a voice vote, all voting aye, Mayor Harris Pro tem declared the motion carried unanimously. The City Manager said that he had talked to D1r. Bruce Nawrocki, Mayor of Columbia Heights on the telephone and he had indicated that he would be present at the Council Meeting between 8�30 or 9 00 P.M. It was agreed by the Council to wait with this item until Mayor Nawrocki arrives. RECESS: MOTION by Councilman I-Iarris to declare a recess at 8�40 P.M. Seconded by Councilman Liebl. Upon a voice vote, all voting aye, b1ayor Harris Pro tem declared the motion carried unanimously. MAYOR KIRKIIP,M ASSUMED THE CHAIR F1T 8.55 P b] CONSIDERATION OF DUNKLEY SURFACING PERMIT FOR ROCK CRUSHER: Mayor Kirkham said that Mr. Nawrocki, Mayor of Columbia Heights was now present , and called on him to make his comments to the Council. Mr. I3ruce Nawrocki said that he was here to back up the letter that was tiaritten Uy the Columbia lleights City Manager to the Fridley City Council, and to support the residents who will be �nvolved if the rock crushing permit is granted. He � v ;� �i REGULAR COUNCIL MEETING OF MARCH 17. 1969 PAGE 9 � said the Columbia Heights Council went on record as being against this crushing operation. The principal reasons were the problem of air pollution and the increase of traffic on residential streets. I-Ie has been told that the trucks will have to use the same route they have been using, which is 38th Avenue to Main Street, then 40th Avenue to University Avenue There were some test run last year on the dust fall and in the area of the blacktopping plant over a two week period a total of 12 samples of dust fall were taken All but one of the 12 were in excess of 25 tons per square mile per month The State Pollution Control Agency has set standards and the ideal would be 10 tons per square mile per month, except in heavy industrial areas, where it could be 25 tons per square mile per month The highest reading was double the State recommendations Prior to setting these State standards, the State put out about 53 test stations at many srtes throughout the Metropolrtan area. They had one in the City of Fridley and one in Columbia Heights. He said that Columbia Heights had the duUious distinction of being one of the highest, although not necessarily at this site In addition to the air pollution problem, he commented on the traffic problem. When the original Dunkley operation went into effect, Columbia Heights was told there would be about 4 trucks operating out of that plant, and they would be using 38th Avenue to Main Street. There are now a good deal more than 4 trucks operating out of the plant. The crushing operation would, no doubl, mean addi- tional trucks. Columbia Heights has been told they intend to use the same route. This is a route through a residential area. Ile pointed out that when the trucks are filled, they fill them so full, the material spills over the sides, so every time the truck hits a bump, some flies about The wind also blows it , around. He said there is much the same problem with the asphalt plant. The blacktop material gets on the ground, people taalk on it, then track it into their homes, onto their carpeting If they would blacktop the whole road it would not be so bad Councilman Liebl said that he assumed the test were taken last summer on the old shabby-looking plant. He said that he did not blame him for compla�ning However, Columbia Heights must have given a building permzt to construct this new plant. He said that the new plant is a nice modern plant and would elimi- nate about 450 of the dust. He asked if ColumUia Heights cjid or did not give Dunkley's a building permit. Mr. Nawrocki said that the first he knew of it was last week end He then talked to the City Manager and the Building Inspector. He said the Building Inspector had been instructed to check out some �unk trucks in the area and found that they were constructing a new plant. He then reported it to the City Manager The Building Inspector did not think a building permit was required. He said this has been turned over to the City Attorney to check out They are not in there with the blessings of the Columbia Heights Council or a building permit. Councilman Samuelson said that it is evident that there are traffzc problems and wondered about the possibility of going north from the plant to 43rd Avenue and coming out by Minnesota Silica Sand Mr Robert Hynes, Attorney for Dunkley Surfacing Company, said that he would like to thank the Council, the City Engineer, City Attorney, City Manager and the Ilealth Sanitarian £or taking � the time to come down and inspect the site while the business was in operation last Wednesday He said that Dunkley's have made contact with the railroad, and today they were able to finalize an agreement to cut a road through, along the railroad tracks up to 43rd Avenue for truck hauling Councilman Samuelson asked if this would include the hauling done from the asphalt plant Mr .Tim London, of Dunkley Surfacing Co. said he was not sure that the asphalt trucks �,� ,'� �1 jl REGULAR COUNCIL MEETING OF MARCH 17, 1969 PAGE 10 would be using the new route, but he thought some would be using it. ' Councilman Liebl said that he would be against this proposal if they had not gotten rid of the old plant. The new plant meets all the State requirements and will cut down on the dust problem considerably. He said that he would like to see them use the alternate route, as there are children living along Main Street He said that he had been told that they offered to blacktop this street and asked Mr Nawrockz ahout this. Mr. Natvrocki said that they made no offer to him and he knew nothing about any proposal to blacktop the street Councilman Sheridan said at the Meeting with the Dunkley Sur£acing Company last Wednesday, the City Attorney suggested an alternate traf£ic route, and it is hoped that this would greatly alleviate the problems the people in the area are having with the traffic and dust Mr Nawrocki said that this access route has been there for a long time. Pirst they came to Columbia Heights to see about a permit for blasting. These problems were presented at that time, but Dunkley's offered no answers. They indicated to Mr. Nawrocki that they could not get access along the railroad tracks. A4ayor Kirkham said that they have since secured permission from the railroad company to make a serviceable road through, along the railroad tracks. They have also agreed to blacktop the area around the plant the trucks drive on. iNith these concessions on the part of Dunkley's, Mayor Kirkham felt that the problems of the people in the area would be alleviated greatly. , Mr. London pointed out that toith the new plant, there would be more than 450 of the dust eliminated, it would be closer to 98%. Councilman Samuelson pointed out that strickly speaking, this is not within the �urisdiction of Fridley. Mr. Nawrocki said that apparently Dunkley's has been more courteous to the City of Fridley than to Columbia Heights. He said that Columbia Heights has not been told any of this. He said that he hoped that the City of Fridley would benefit from the experience of Columbia Heights and get some o£ these things down in writing, and that Columbia Heights would not have the problems it has now if there had been some type of written agreement. He said that he would like a description o£ the operation of the rock crusher, such as what is the material that goes in and what is the end product. Mr. London said that tivhat the Council and Administration saw in operation was the primary crusher. The rocks come out aUout 3"± in size. The secondary crusher had been moved to the Osseo pit before the road restrictions went into effect. The secondary crusher crushes the material into 1;" size. Mr. Nawrocki asked if the secondary crusher was more dusty, and if it had a higher water content, and if the lack of moisture would not create more dust pro6lems. Mr London said that the Council and Administration saw the rock lying in the sun which would represent a typical summer day. They saw a continuous feed-through of material which is about double the speed, than when they use the secondary crusher also Councilman Harris explained the letter received from Minnesota Silica Sand as , Mr. Nawrocki had not been present when it was read. Mr Nawrocki asked if the overburden of rock has to be removed. Councilman Harris said that the rock has to be crushed before removal. Mr. Nawrocki asked how long Silica Sand has 6een in Fridley. Councilman Harris said that he did not know, that it has been here longer than he has. Mayor Kirkham added that the overburden was removed origi- nally in much the same manner as is being proposed now. Councilman Harris said that the problems of Sillca Sand must also be considered. _ _= Ili REGULAR COUNCIL MEETING OF MARCH 17, 1969 PAGE 11 ' Councilman Harris said that Fridley does have a Health Sanitarian and that he could set up some standards relative to the operation of the crusher, so that it the operation shou�ld become ob�ectionable, there would be some guide-lines to go by. He said that he felt that an agreeable solution had been achieved in regard to their other complaints. Mr Carl Paulson pointed out that the dust particles going out into the air would be polluted by car exhaust. He asked Mr Nawrocki if Columbia Heights had ever thought about adopting an air pollution ordinance. Mr Nawrocki ans- wered that the State Pollution Control Agency has set strict standards which are probably more restrictive than any municipal ordinances, however, he did not know when these restrictions would go into effect. He said that there were some grandfather clauses, therefore, he would like to suggest that if the Council should grant this request, that they place some restrictions on them in regard to air pollution, so that later they cannot come back and claim that they were grandfathered in, and do not have to comply with the restrictions of the State Pollution Control Agency. MOTION by Councilman Harris to grant a permit to �unkley Surfacing Company for a rock crushing operation sub�ect to these stipulations 1. Routing of the trucks both in and out of the area shall be on the right of way along the railroad tracks to 43rd Avenue as outlined by the Dunkley Surfacing Company at the Meeting held on the site 2. That they agree on acceptable standards for control of air pollution set , down by the Health Sanitarian. 3. That the permit shall be for only one year, and shall terminate on March 17, 19'T0. Seconded by Councilman Samuelson for discussion. Councilman Harris pointed out that they have also agreed to blacktop the surface in Columbia Heights, hiayor Kirkham asked if the asphalt trucks could also go this same route. Councilman Samuelson said that he would agree with this suggestion, however, the City of Fridley does not have �urisdzction in Columbia Heights. Councilman Liebl said that he was under the impression that Dunkley's plan on tearing down the old plant and asked if this was correct. Mr. Dunkley said that it was Councilman Liebl said that in that case, he felt that most o£ the annoying problems have been alleviated and should help to improve the hard feelings between the citizens of Columbia Heights and Dunkley Surfacing Company. He said that as �unkley's have said that they would blacktop the area the trucks will be using, he would like to have this in writing. He added that since they would be using their own blacktopping, they could do it in one day. Mr, Nawrocki said that rt would be doing the people of Columbia Heights quite a favor if Fridley could place a restriction on the permit so that the trucks coming into the asphalt plant hauling sand would also have to use this road. Mayor Kirkham said that he did not feel that the City of Fridley could tell them to take care of something that Columbia Heights has not been able to take care of. He said that he felt that Dunkley's has been most cooperative and � receptive to the suggestions made. They have in addition agreed to blacktop the surface the trucks will be driving on. Mr. London said that the railroad crossing between Marshall Street and Main Street creates some problems with the trains holding the trucks up, when coming from the pit into the plant area. There is also the traffic problem on Marshall Street when trucks are trying to turn. � �� � _ ,, I� �_ REGULAR COUNCIL MEETING OF MARCH 17, 1969 PAGE 12 Mr. Harvey McPhee, Health Sanitarian said that rock crushers generally create ' some problems, usually with noise and air pollution. He said that when he ob- served the operation, they were crushing soft material and there was comparati- vely little noise, and the loader made more noise than the crusher. When he was down there, he observed no air pollution, but he pointed out that the water content would vary, and perhaps would be less during the summer. He said that he has not seen the secondary crusher in operation, so he could not say whether this would contribute to air pollution. There is a question of whether the material can be watered down before going into the crusher. The blacktopping will help greatly in keeping the dust down. He said that he could not tell whether any problems would come about because of the secondary crusher, as he had not seen rt in operation, but he understands by the motion made Lhat he is to check it from time to time Councilman Harris said yes, if a number of complaints are received that he is to check the dust fall He felt that the City of Fridley is correcting any additional problems that may occur by Council's granting permission for the rock crusher, by his motion, and the re-routing of the trucks. The City Attorney asked it rt is possible to come up with some ob�ective standards, and if they exceed these standards, the permit could be withdrawn. The Health Sanitarian said that there are methods of ineasuring dust fall, and these could be compared to the State standards. He asked what would be done if it were to exceed the limits, but there was no known method of controlling the dust fall. Councilman Samuelson commented that he has noticed that the Great Northern railroad uses a machine to blow out the switches, so the question would then , arise as to who would be the contributing persons. The Health Sanitarian said by the use of high volume �ars to measure the dust fall, some degree of accuracy could be achieved by determining wind speed, the direction of the wind etc. Councilman Sheridan asked what if the dust fall exceeds the limits, then is the special use permit to be withdrawn. The City Attorney wondered if time limits should not be set. Mr. London said that during the summertime, they operate from 7 00 to 5:00 P M Mr. Kenneth M. Scadden, 3842 Main Street N.E., said that trucks are go�ng by in the summer from 6'00 A.M. to 9.00 P.M. Councilman Sam- uelson said that the operation being considered at this time is the operation of the rock crusher. Mr Nawrocki said that he would like to reiterate a point, that he realizes that the plant is in Columhia Heights and is Columbia Heights' proUlem, however, most of these things came about through verbal agreements, rather than written agreements Gradually the operation grew and became a nuisance to the people in Columbia Heights The City of Columbia Heights has been powerless to do anything about it, because the restrictions were not set down in writing 10 years ago. He felt that these restrictions could be placed on Dunkleys by the City of Fridley, sub,7ect to a ruling by the City Attorney. They are continually expanding and will want to continue. He agreed that a good share of the nuisance will be alleviated by their use of the alternate roadway Councilman Harris said that he felt that they were 6eing controlled by Fridley, and pointed out that he doubted if Dunkley`s would want to spend money on expansion with only � a one year permit He felt that Fridley was imposing limits on Dunkleys op- eration The City Attorney said that it would be hard to say what a court would rule. Normally the Council can put on restrictions which are reasonable. If these stipulations involve another City, he could not give a flat answer. � � 1 �fl '� _ `i �'. REGULAR COUNCIL MEETING OF MARCH 17, 1969 PAGE 13 AMENDMHNT TO MOTION by Councilman Harris that the rock crusher will operate only between the hours of 7:00 A.M. to 5:00 P M. Councilman Sheridan pointed out that there is more noise from the trains, than from the rock crusher Councilman Harris explained that by his amendment, he felt that this would also control the truck traffic, and keep them off the road at night. The City Attorney said that the Code Bood already covers this in allowing operation £rom 8 00 A.M. until 9:00 P.M on week days and 8 DO A.M until 5:00 P.M. on week ends AMENDMENT WITHDRAWN by Councilman Harris as the Code Bood already regulates the operation. THE VOTE UPON THE MOTION, being a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously. Mayor Kirkham asked that the Administration see that Columbla Heights gets a copy of this Ordinance. He said Thank You to Mr Nawrocki for his presentation, and commented that possibly the Council would not have thought of all the ram�- fications of the problem, had he not taken the time to bring them to the Coun- cil. CONSI�ERATION OF AN AGREEMENT BETWEEN CITY OF FRIDLEY AND THE BOARD OF WATER COMMISSIONERS FOR CROSSING OF THEIR EASEMENT IN THE NORTHWEST QUADRANT OF OS- B�RNE RaAD AND UNIVERSITY AVENUE� A member of the audience asked why the Council has skipped over the rtem on Riverview Heights Flood Protection. Mayor Kirkham informed him the Director of Civil Defense has another meeting to attend and indicated that he would not be able to attend the Council Meeting until about 10:00 P.M. The City Engineer explained that the agreement in the Agenda is for removal of the knoll and vent to align the Univeristy Avenue Service Road wath the Service Road south of Osborne Road. The cost of removal is $1350 He said that this is a rider to the original agreement drawn up for the construction of W-34K. MOTION by Councilman Samuelson to concur with the agreement and authorize the signing of the agreement with the St. Paul Board of Water Commissioners. Se- conded by Councilman Liebl Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously. ACQUISITION OF EASEMENT FROM FMC CORPORATION FOR WATER, SANITARY SEWER F, STORM SEWER PROJECT �r90: The City Engineer said that this easement is needed for SWF,SS �90 He said that they are charging the same price as for 55 #12, and that he felt that this prlce is reasonable MOTION by Councilman Samuelson to concur and direct entrance into agreement with FMC £or the necessary easement Seconded by Councilman Harris Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously. CONSIDERATION OF CHANGE ORDER #1, PROJECT #75-H The City Engineer said that this is the test well pro7ect, and Great Northern requires some additional insurance � _' --�- �i' REGULAR COUNCIL MEETING OP MARCH 17, 1969 PAGE 14 MOTION by Councilman Liebl to approve Change Order #1, Pro�ect #'75-H. Se- conded by Councilman Samuelson. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously. CO�SIDERATION OF CHANGE ORDER �3, ST. 1968-1B: The City Engineer said that thls was for the deletion of work in the north and south bound lanes of T.H. #47 at the 69th Avenue crossover. Councilman Harris asked if the Engineering Department would be going out for bids again as soon as the agreement is signed. The City Engineer said yes, that the State would prefer that the City let the bids. He said that the bids will probably be some- y�hat higher, than the ones previously received. Councilman Harris asked if this will all be done by the next Council Meeting so they can be acted on. The City Engzneer said that he would try to hurry things along. Mr. Burrill, District �r5 Engineer indicated that it might take some time to get the legal opening for the 69th Avenue crossover relocated. MOTION Uy Councilman Liebl to approve Change Order #3 of Street Improvement Pro�ect St. 1968-1B. Seconded by Councilman Samuelson. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously APPROVAL OF THE NOTIC� OF HEARING BEFORE TH� PLANNING COMMISSION AND COUNCIL FDR REZONING OF HYDE PARK STUDY AREA: MOTION by Councilman Liebl to approve the form and instruct the City Engineer to send out the Notices Seconded by Councilman Sheridan. Councilman Liebl asked what would change. The City Engineer showed a colored map showing the zoning changes He said thatonce the form is approved, it will be sent out. Councilman Harris said that the Public Hearing could be held, but that he felt that C-2 is too general. He pointed out that it allows gas stations The City Manager said that he had talked to the City Aitorney about drawing up two new zoning ordinances One would be to change the word °£or" to 'br"in the CR-1 catagory This would change the meaning so that either medical clinics and offices or general offices could be within this zoning district. The other ordinance change would be to take some of the controversial businesses such as drive in restaurants and gas stations out of C-2 and make them only ohtainable by a special use permit. The City Attorney was in agreement. THE VOTE upon the motion, being a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously MOTION by Councilman Sheridan to instruct the City Manager to draw up these Ordinances as discussed. Seconded by Councilman Harris. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously. RESOLUTION #40-1969 - RESOLUTION TRANSFERRTNG EXPENSES FROM THE 1967-3 STREET PROJECT TO THE 1968-3 PROJECT MOTION by Councilman Liebl to adopt Resolution #40-1969. Seconded by Council- man Harris. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously. RESOLUTION #41-1969 - RESOLUTION TRANSFERRING COSTS FROM THE STATE AID FUND TO THE 1968 STREET CONSTRUCTION FUND , �J �_� � � , REGULAR COUNCIL MEETING OF MARCH 17, 1969 PAGE 15 MOTION by Councilman Harris to adopt Resolution N41-1969. Seconded by Council- man Liebl. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously #42-1969 - RESOLUTION SUPPORTING A CI]ANGE IN THE STATUTES TO PERMIT THE NT OF A SEPARATE ABSENTEE BALLOT PRECINCT WITHIN THE CITY OF FRIDLEY MQTION by Gouncilman Liebl to adopt Resolution #42-1969 Seconded by Councilman Samuelson. Upon a voice vote, all voting aye, A9ayor Kirkham declared the motion carried unanimsouly. RESOLUTION #43-1969 - RESOLUTTON AUTHORIZING AND DIRECTING THE COMBINING OF SPECIAL ASSESSMENTS ON LOT 11, PARCEL 560, LOT 12, PARCEL 570, AND N.20' of LOT 13. PARCEL 559. OAK GROVE ADDITION: MOTION by Councilman Harris to adopt Resolution #43-1969 Seconded by Councilman Liebl, Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously RECEIVING BIDS AND A4dARDING CONTRACT FOR SEWER, WATER AND STORM SEWER #90: (Bids opened March 17, 1969, 12 00 Noon) Bid Lump Sum Alternate No.Completion Planholder Surety Bid 1 Deduct Time Nodlund Associates, Inc Amer.Inc. $219,407.00 $7,998.00 300 llays Alexandria, Minn. 56308 Co 5% B B. Peter Lametti Constr.Co 615 Drake St. St. Paul, Minn. 55102 McDonald $ Associates Inc 211 North Pascal Street St. Paul, Minn. SS1D4 Erwin Montgomery Constr Company 2160 W County Rd. D St. Paul, Minn. 55112 Johnson Bros. Hwy. $ Heavy Constr. Inc. Litchfield, Minn. 55355 C.S. McCrossan, Inc. Box 336 Osseo, Minn 55369 Sandstrom $ Hafner, Inc 7400 Highway #65 Fridley, Minn. 55432 Walbon Excavating Co. 3242 Highway 8 Minneapolis, Minn. 55418 Seaboard �159,871.57 $6,636 00 150 Days Surety Sa B B Seaboard $193,500.00 $8,500.00 Surety So B.B. Ohio Farmers$181,18D.95 $6,499 60 Ins. Co. S% B.S. Travelers Ind 5% B,B. U.S. Fide- lity $ Guar. Co. S% B.B, The Home Ind. Co So B.B. St. P F $ M. 5% B,B. $205,306 00 $7,140.00 $198,768.46 $5,000.00 $168,600.00 $4,000 OD $240,000.00 $8,400 00 120 Days 65 Days 300 Days 2D0 Days 270 Days . ��'.� , a� r� ii , �_�_ REGULAR COUNCIL MHETING OF MARCH 17, 1969 Bid Lump Sum Planholder SuretY Bid PAGE 16 Alternate No.Completion 1 Deduct Time Northern Contracting Co Trans. $209,700.00 $6,350.00 120 Days Box 336 America Ins. Hopkins, Minn 55344 Co. Sa B.B. The City Engineer said that he was happy to report that the City received many good bids. He said that the Engineering estimate was $205,935 and the low bidder was Peter Lametti Constrixction Company with a bid of $159,871.57. Samuelson MOTION by Councilman��to award the Sewer, Water and Storm Sewer Pro�ect #90 to Peter Lametti Construction Company zn the amount of $159,871.57, sub7ect to concurrence in the award by the Great Northern Railroad and sub�ect to approval of sewage disposal to the North Suburban Sanitary Sewer District Seconded by Councilman Sheridan for discussion. Councilman Sheridan asked how water was going to be brought into this area from Main Street. The Crty Engineer said they will have to negotiate with Midland Cooperatives for an easement, and if not successful, they will have to condemn Councilman Sheridan asked if the alternate had been considered, to put it on the south property line. The City Engineer said that this would not be prac- tical as it would be too expensive He said that the proposal is to run it down to 43rd Avenue and loop it there. Councilman Sheridan explained that the re- quest is for an easement to run a line along the north property line, �ust south of the I. 694 right of way. One of the problems with this is, this is the proposed future location for Midland Cooperatives new office building. Putting it in with a 7' cover, it will have to be changed, this is why he suggested that the line be run along the south property line. Councilman Samuelson asked, taking into consideration the possible condemnation and lrtigation procedures in putting the line in along the north line of the property, would it be cheaper to put it in along the south boundary line. The City �ngineer answered that it would cost more to put it in along the south boundary line It would be cheaper to put it in 14' deep. The only trouble then would be the possibility of the line breaking, and the difficulty in re- pairing it. Councilman Sheridan asked about the crossing under the tracks and said that it seemed to him that the number of tracks would be the same since it is north of the switching yard. The City Engineer asked Mr. Olson, of Comstock and Davis, Inc. to work this out with the contractor. THE VOTE IIPON THE MOTION, being unanimously in favor, the Motion carried, DISCUSSION OP SANDBAG AND OTHER FLOOD PROTECTION POLICIES; The Civil Defense Director said that last Friday A.M. he received a call to attend a meeting in Arden Hills. At the meeting copies of a resolution were passed out The Corps of Army Engineers has been directed to lend more assist- ance to flood areas. This resolution spells out what they can and cannot do. Now, the Council will have to make a decision of what they want to do within the limitations as set forth by the resolution. Councilman Liebl asked if passage of this resolution is all that is necessary to get the necessary assistance The Director of Civil Defense said yes. He said that he had his secretary re-type it so that it would conform to the rest of the resolutions passed by the City of Fridley, but the body remained unchanged. Mayor Kirkham asked the Director of Civil Defense to show on the map the areas he would be talking about for the benefit of the audience. The Director of Civil 1 � � � , ��' REGULAR COUNCTL MEETING OF MARCH 17, 1969 PAGE 17 � De£ense said that the City would be required to acquire all rlghts of tiaay necessary, they would have to furnish a pro7ect Engineer, plans, borrow mate- rial, and would be responsible for clean-up and removal of the dike after the flood subsides. The Corps of Army Engineers would enter into a contract for the building of a temporary rough flood wall, they would furnish polyethelene and sand bags. He said that there tuere ttvo possibilities. It appears to be feasible to build a flood wall along the creek to 79th VVay, tllen down 79th Way to Rivervietiv Terrace, then up Riverview Texrace tapering the wall down to nothing at Janes- ville or Kimball. The other possiUility would be to run the flood wall along the creek to Buffalo, then run the wall down Buffalo Street to Riverview Terrace, and then up river The s�cond alternate would eliminate the necessity of a very high taall at 79th Way and Rivervietv Terrace. He said that according to the Corps of Army Engineers, the dike should be three times as wide as it is high Either plan would leave some dwellings south of 79th Way that would have to be sacri- ficed. Councilman Samuelson asked i£ this would all be bagged. The Director of Civil Defense said no, it would be loose dirt reinforced with sand bags and poly- ethelene. Councilman Harris said that he tiad heard on the radio about "pro�ect bulldozer" wherein the Association of General Contractors would be availaUle to participate in flood plans The Director of Civil Defense said if they were available, he would pursue lt. He said that A9r Mertes of the Corps of Engineers had looked over their plans, and felt that it would be feasible If a disaster should be declared, then the City could get some Federal funds � The City Manager said that he had talked to Mike 0'Bannon who had said that he would allow the City to take some borrow material Ile added that it would havc to be checked to see if it would be suitable. Councilman Samuelson asked if the dirt that was brought in would be used to broaden Riverview Terrace The City Engineer sazd yes Mayor Kirkham added that it could also be used to bring up the level of Craig Park Councilman Harris asked if there was a possibility that a portion of the dike could be left as a permanent wall. The Director of Civil Defense said that as it was explained to him at the Meeting, the City is responsible for clean-up afterwards, so if they wished to leave a portion, it could remain This would depend on the attitude of the people in the area. The dike along the creek only, wauld pro- tect from a flood at the 1952 level. The City hlanager added that whenever pos- sible, the dike would be placed on private property rather than on Crty streets, and would be built up with the permission of the people. Councilman Samuelson asked, if the dike would be on the river side on the right of way The City Engineer said that it would be kept along the hrink as close as possible He said that pumps wall be necessary to take care of the surface drainage He pointed out that the main problem with the area is that the creek backs up, and even a 6 foot dike would protect the homes from a small flood. Councilman Samuelson asked if there were any forms for the people to sign giving the City permission to use theix land. The Director of Civil Defense said that he had been trying to contact the City Attorney about this The City Engineer said that his Department had some old forms from the flood in 1965 � He pointed out that the City will have to work with some people on higher ground along the creek, as they would stand to lose some trees, but would not benefit from the dike. Councilman Harris said that it seemed that the choice was be- tween plan one or plan two. The Director of Civil Defense said that the differ- ence between the two would be the protection of two additional homes by rLmning the flood wall all the way to 79th Way. Councilman Harris asked about the cost �.'�� y REGULAR COUNCIL MEETI\iG OP MARCH 17, 1969 PAGH 18 and wondered if the Director of Civil Defense would report back to the Council � after approximate costs had been ascertained. The Director of Civil Defense said that if the resolution is passed, then they will proceed with getting a man into the City from the Corps of Engineers. He said that it may be that there would Ue some residents participating in the work, and this would alter the cost to the City. Councilman Liebl said that he thought that the Council should pass this resolix- tion, to allow the Director of Civzl Defense to proceed with arrangements with a man from the Corps of Engineers, then approximate costs could be arrived at. He felt that the City should give as much help as possible. Councilman Sam- uelson wondered if the resolution should be amended so that part of the dike could be left as a permanent structure. The City Manager indicated the Corps tiaould have no ob�ection, as Mr. Mertes, for the Corps of Engineers, had advised leaving the dike in where possible The Corps is only interested in not paying for removing any dike installed The Director of Civil Defense said that the City was responsible for cleaning up and disposing of the dirt and the option to leave zt or take it out is up to the Council, so he did not feel that the amend- ment would be necessary. RESOLUTION �kq4-1969 - RESOLUTION REQUESTING ASSISTANCE IN PLANNING $ DEVELOPING FLOOD CONTROL FROM THE U.S CORPS OF ENGINEERS UNDER PUBLIC LAW ff99 BY THE CITY OF FRIDLEY: MOTION by Councilman Samuelson to adopt Resolution #44-1969. Seconded by ' Councilman Harris. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimo��sly The Director of Civil llefense said that there were some other questions that needed some consideration. One zs if the people are to pay for the sand bags they want to use on their own property, and will they be responsible for picking them up for their own use. Another problem is, if the City �s going to provide people to work on an overtime 6asis Councilman Samuelson said that it taould be better and faster if there was volunteer labor from the people in the area It could all be done over one week end The Director of Civil Defense said that he was inclined to think that it would be better to have the people come in and pick up their own sandbags. He said that during the week, there is someone in the Fire Department around the clock and on week ends from 8 00 P,M, to 8 00 A.M and there is no one there during the day. They could be stored in the vacated Police Station. The City Manager said that the men could stop and pick up some on the way home from taork on a week day. The Director of Public Works said that he has 10,000 sandbags and 1500 to 1600 will be used by his Department. He would like to know how many additional bags tp order. Mayor Kirkham told him the City Manager will have the number ready for him the next day Mr. D. Tarnowski, 8151 Riverview Terrace N.E., asked if there was going to be a charge for the sandbags, and if so, how much He pointed out that the residents have between 15 and 35 days before the crest should arrive Councilman Sam- uelson said that he felt that they should be free Mayor Kirkham said that he , thought there should be a small charge for them to keep people from making a run on them, It seems if something is free, some people always want it, whether they have a use for it or not. Mr, Tarnowski felt that control along Rzver- view Terrace should be provided free and if people further up river want some added protection, they should be able to get it Councilman Samuelson wondered if there would be a need for sandbags, once this operation goes into effect. REGULAR COUNCIL MHETING OF MARCH 17, 1969 PAGE 19 , The Civil Defense Director said that he did not think so, He said that the Corps of Engineers had recommended not fortifying individual homes with sand bags, as this puts an unnatural pressure on the foundations of the house The City Manager pointed out that there is always the possibility of a break-through with a levy, or the possibility of an ice �am and the water going over. He said that he did not feel that the City could say tliat the homes would be pro- tected 100o. Councilman Sheridan said that the sandbags are for protection of individual homes and he did not think the City could pive them away legally He asked how much they cost The Director of Public Works said they are 12'z¢ apiece. Councilman Samuelson added that each individual home owner will have to make up his own mind whether to trust the dike, or provide additional sand bags. Mr. Tarnowski said that he would want to protect his home and he wanted a definate answer on whether or not the City is going to help The Director of Civil Defense said that the Corps of Engineers has indicated that it will definitely be built in time. The City Manager said that �f the sandbags are to be used on personal property, the home owner should be charged. A home owner should protect his home even though a dike is constructed because of the possibility of a break-through or an ice �am A lady in the audience said that in 1965 there were not enough sandbags, and they had to get them from Bob's Produce. She was assured that the City will have enough this year. The Director of Civil Defense said that he plans on sending out a communication � to all the people in that area tomorrow giving them the latest flood predictions He said that he had been dealing with the churches etc, to provide places for people to go The City Engineer said that the Fire Department wi11 put clean water in the basements of the homes not being protected, ' RECEIVING BIDS AND AWARDING CONTRACT - WATER PROJECT #92 (Bids opened March 17, 1969 at 12�00 Noon) Planholder Erwin Montgomery Constr 2160 W County Road D St. Paul, Minn 55112 R.D. McLean Construction 1207 S.E. 6th Street Forest Lake, Minn. 55025 Robert A7iller Constr. 1390 lOth Avenue Newport, Minn. SSOSS Sandstrom $ Hafner, Inc 7400 Highway #65 Fridley, Minn. 55432 Bid Surety Co. Ohio Farmers Ins So B B, Walbon Excavating Company 3242 Highway 8 Minneapolis, Minn. 55418 Northern Contracting Co Box 336 Hopkins, Minn. 55344 Fidelity $ Dep So B B. Seaboard Surety So B.B. The Home Ind. Co. So B.B. St.P. F.$ M 5% B.B. Transamerica Ins. So B.B. Lump Sum Bid $25,595.30 $27,845 44 $23,894.74 $30,475.00 $37,295 OD $26,600 00 Completion Time 60 Days 65 Days As Specified 100 Days P �` l i � �,�,d6 REGULAR COUNCIL MEETING OF MARCH 17, 1969 PAGE 20 The City Engineer said that the bids came in rather high. This is for one individual small �ob, and the costs to the contractor are high for �ust one 7ob in an area He said that the Engineering estimate was $21,440.00 and the lowest bidder was Robert L. Mi1lerConstruction Company at $23,894.74. Mr Olson said that another reason the bids were high is the road load restrictions are still on and the completion date is May first. MOTION by Councilman Harris to award the contract for the construction of the water line on 66th Avenue under Pro�ect W-92 to Robert L. Miller Construction Company in the amount of $23,894.74. Seconded by Councilman Liebl. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unani- mously, RESOLUTION #45-1969 - RESOLUTION TO ADVERTISE FOR BIDS FOR ONE NEW TAIL GATE PAVER: MOTION by Councilman Sheridan to adopt Resolution #45-1969. Seconded by Council- man Samuelson. [lpon a voice vote, all voting aye, Mayor Kirkham declared the mot7on carried unanimously RESOLUTION #46-1969 - RESOLUTION TO ADVERTISE FOR BIDS FOR ONE NEVV TWO TD THREE TON VIBRATOR ROLLER: MOTION by Councilman Liebl to adopt Resolution #46-1969. Seconded by Council- man Samuelson. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimottsly. RESOLUTION #147-1969 - RESOLUTION TO ADVERTISE FOR BIDS FOR 3/4 TON, 4 4VHEEL DRIVE TRUCK WITH BOX AND SNOW PLOW MOTION by Councilman Liebl to adopt Resolution #47-1969 Seconded by Council- man Samuelson. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously. PETITION #8-1969 - REQUESTING STRL�ET IMPROVEMENT OF 79TH WAY MOTION 6y Councilman Harris to receive Petition #8-1969 and concur with the Public Hearing date of April 14th Seconded by Councilman Samuelson. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unani- mously. CLAIMS MOTION by Councilman Harris to approve payment of General Claims #17552 through #17677 and Liquor Claims #3114 through #3165. Seconded by Councilman Liebl. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously LICENSES: MOTION hy Councilman Liebl to approve the following licenses General Contractor Mike Adams Builders 4720 lUingard Lane Brooklyn Center, Minn. � A7ichael Adams NE6V Approved By Building Inspector ' u � � � REGULAR COUNCIL MEETING OF MARCH 17, 1969 Masonry Jerry Fleagle Concrete F, Masonry 4701 Nevada Avenue New Hope, Minnesota Cigarette Irv's Billiard's 6237 Univeristy Ave. Fridley, Minnesota Skywood Pharmacy 5267 Central Avenue Fridley, Minnesota VFW #363 1040 Osborne Road Fridley, Minnesota Colonial House Rest. 6215 Universrty Ave Fridley, Minnesota Art's Superette, Inc. 6483 University Avenue Fridley, Minnesota ARA Precision Sheet Metal 5250 Main Street N.E. Fridley, Minnesota ARA Dealers Mfg. Company 5130 Main Street N E. Fridley, Minnesota ARA Kurt Mfg Company 5280 Main Street N.E. Fridley, Minnesota Acme Metal Spinning 98 43rd Avenue N.E. Fridley, Minnesota ' Spartan Department Store 5351 Central Avenue N.E. Fridley, Minnesota Jim's Dairy Store 6253 University Avenue N.E. Fridley, Minnesota By Jerry Fleagle Irving Weinberg Sheldon A biortenson Erling 0. Edwards Paul A. Baney Arthur Swanson George Kuhl George Kuhl George Kuhl Mildred Dahl Winzfred Perkins James A. Rocheford NEW PAGE 21 Approved By Building Inspector Chief of Police Chief of Police Chief of Police Chief of Police Chief of Police Chief of Police Chief of Police Chief of Police Chief of Police Chief of Police Chief of Police � f� i �`Fil �, � M lr RGGULAR COUNCIL MEETING OF MARCH 17, 1969 �igarette Central Embers, Inc 5400 Central Avenue Pridley, D7innesota Red Owl Stores, Inc. 6525 Universrty Avenue Fridley, Minnesota Shorewood Liquor Store 6161 Highway #65 Fridley, Minnesota By Henry S. Kristal R.D Uphoff Susan Reinhart Holly Center Liquor Susan Reinhart 6481 University Avenue N.E. Fridley, Minnesota East River Road Liquor 3710 East River Road Fridley, Minnesota Sandee's Cafe 6490 Centra_i Avenue N.E Fridley, Minnesota Moore Lake Pure Oil 980 Hackmann Avenue Fridley, Mznnesota Susan Reinhart William F Weiss Richard M. Kyro Club 47 Billy Don Harpole 6061 University Avenue N.E Fridley, Minnesota Delivery Truck American Linen Supply Co Frances Golfus 47 South 9th Street Minneapolis, Minnesota Vending Machine VFW Post 363 Erling 0. Edwards 1040 Osborne Road Fridley, Minnesota PAGE 22 Appxoved By Chief of Police Chief of Polzce Chlef of Police Chief of Police Chief of Police Chief of Police Chief of Police Chief of Police Chie£ of Police Health Inspector THE MOTION to approve the licenses was seconded by Councilman Harris. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unani- mously. E ST IMAT'L- S Comstock $ Davis, Inc. Consulting Englneers 1446 County Road J Minneapolzs, Minnesota 55432 , ' ' , � � REGULAR COUNCIL MEETING OF MARCH 17, 1969 ESTIMATES CONTINUED For the furnishing of resident inspection and resident supervision for the staking ouz of the following construction work: Estimate #1 (PARTIAL) - Storm Sewer Improvement Pro�ect #89 through February 28, 1969 Estimate #,2 (PARTIAL) - Test Well Construction Water Improvement 75-H from February 3, 1969 through February 28, 1969 PAGE 23 $ 87 74 $334.26 MOTION by Councilman Harris to approve payment of the estimates. Seconded by Councilman Liebl. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously. ORDINANCE #412 - AN ORDINANCE TO AMEND THE CITY CODE OF T[-]E CITY OF FRIDLEY, MINNESOTA BY MAKING A CHANGE IN ZONING DISTRICTS: (Revised Reading of Ordinance on Bob Schroer Rezaning ZOA #68-12) MOTION by Councilman Sheridan to adopt Revised Ordinance 41412, waive reading and order publication. Seconded by Councilman Liebl. Upon a roll call vote, Harris, Samuelson, Sheridan, Kirkham, F, Liebl voting aye, Mayor Kirkham declared the motion carried unanimously. CONIlNUNICATIONS• A. COPY OF LETTER FROA1 SARNA AND GOZY TO SUPERIOR 400 OIL COMPANY MOTION by Councllman Lie61 to receive the communication from Barna F, Guzy to the Superior 400 Oil Company dated March 10, 1969 The motion was seconded and upon a voice vote, all voting aye, Mayor Kirkham declared the motion carrled unanimously. B. DR. KENNETH SPELTZ PERMIT FOR VETERINARI�N CLINIC ON T.H #65 The City Engineer said that the Council did authorize a building permit sub�ect to getting the utilities in The Public Hearing for these utilzties is to be April 14th. The applicant would like the Council to release him if he submits a letter of agreement so that he can start work immediately MOTION by Councilman Liebl to receive the communication from Dr. Kenneth Speltz dated March 12, 1969 and instruct the City Engineer to get an agreement signed in regard to the utilities to allow him to start work immediately Seconded by Council�han Harris Upon a voice vote, all voting aye, Mayor Kirkham declared the motlon carried unanimously C. CITY OF COON RAPIDS• MEETING TO 6E HELD ON RIVER FLOODING CONDITIONS MOTION by Councilman Harris to receive the communication from Coon Rapids dated March 13, 1969 and instruct the Administration to designate a representative to attend the Meeting Seconded by Councilman Liebl. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously �� ry r� �_,`�;�� REGULAR COUNCIL MEETING OF MARCH 17, 1969 PAGE 24 D. FRIDLEY SENIOR HIGH: REQUEST TO USE COURT ROOD4 FOR CLASS PLAY ' MOTION by Councilman Liebl to receive the communication irom the Senior High School signed by b1rs. Sheila Lyons dated March 17, 1969 and grant permission for use of the Court Room at the standard fee The City Manager pointed out that there would be incurred extra �anitorial services Councilman Harris suggested that a letter be sent to them asking them to pick up after the play as much as possible Mayor Kirkham said that this would lessen the cost to them in janitorial services Councilman Harris said that he would like them to store any props they may be using away so they will not be in the way for Court. THE MOTION was seconded by Councilman Sheridan. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carr�ed unanimously. CITY DIRECTORY� The City Manager said that Shirley Behrens, Fridley Sun Reporter has indicated she would like to know the Council wishes on having a page in the directory containing City information. It would cost about $200. Councilman Harris indicated that he was against it Councilman Sheridan agreed and said that public funds could not be spent in such a manner. However, inas- much as they are our legal newspaper, and the directory is supported for the ' most part by ads, it would be nice if they would wish to donate a page at no cost. Councilman Liebl agreed. NIR. HARRY CROWDBR: RESIGNATION FROM FRIDLEY HUMAN RELATIONS COMMITTEE: MOTION by Councilman Samuelson to receive the resignation of Afr Harry Crowder from the Fridley Human Relations Committee dated February 4, 1969, and instruct the Administration to prepare a Certificate of Achievement. Seconded by Council- man Liebl. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously. YOUTH ACHIEVEMCNT AWARDS• Mayor Kirkham said that he had �ust attended the Eagle Scout Program at St. Philip's Lutheran Church tonight, and he would like to ask the City Manager to prepare three youth achievement atoards MOTION by Councilman Liebl to instruct the City Manager to prepare Youth Achievement Awards for Kevin Benson, 640 SOth Avenue N.E.; David Larson, 670 Helene Place, and Dean Reiners, SSS Bennett �rive. Seconded by Council- man Harrzs. Ilpon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously PEMTOA7 REZONING INFORMATION: MOTION by Councilman Liebl to receive the Pemtom rezoning information compiled ' by the Administration. Seconded by Councilman Samuelson Upon a voice vote, all voting aye, A4ayor Kirkham declared the motion carried unanimously ii ;, — � ,��'n REGULAR COUNCIL MEETING OF MARCH 17, 1969 PAGE 25 � ADJOURNMENT: There being no further business, Mayor Kirkham declared the Regular Council Meeting of March 17, 1969 adjourned at 11:20 P.N1 Respectfully submitted, , � �cur'�i,�, � .� /� �%_ 4�� z .� � �. - � ��u Juel Mercer Jack 0. Kirkham Secretary to the City Council Mayor ' '