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05/05/1969 - 00019506;ia � �, . � THE MINUTES OF THE REGULAR COUNCIL MEETING OF MAY 5, 1969 � Mayor Kirkham called the Regular Council Meeting of May 5, 1969 to order at 7 40 P.M. PLEDGE OF ALLEGIANCE: Mayor Kirkham requested the Council Members and the audience to rise and say the Pledge of Allegiance to the Flag. ROLL CALL: MEMBERS PRESENT: Liebl, Harris, Samuelson, Sheridan, Kirkham MEMSERS ABSENT: None PRESENTATION OF AWARD Mayor Kirkham read the Certificate of Appreciation, and awarded it to Mr. Carrol K. Hauge for his work on the Building Standards--Design Control Sub- committee. Mr. Hauge was then thanked for his efforts by the Council. MAYOR'S PROCLAMATIONS: FRIDLEY FIX-UP - SPRUCE UP WEEK Mayor Kirkham read the Proclamation declarzng the week of May 12th through May 17th to be "Fridley Fix-up - Spruce Up Week". Councilman Liebl said that he had received some ca11s about the clean up program inaugurated last year and asked the City Manager to explain the weecl program to the audience. The City Manager explained briefly that the Weed Inspector has already started working serving notices on all vacant lands within the City of Fridley. FIRE SERVICE RECOGNITION Mayor Kirkham read the Proclamation by the International Association of Fire Chiefs setting the date of Saturday, May 10, 1969 as "Fire Service Recognition Day". APPROVAL OF MINUTES OF THE REGULAR COUNCIL MEETING OF APRIL 21 MOTION by Councilman Harris to adopt the Minutes of the Meeting of April 21, 1969 as presented. Seconded by Councilman Sheridan. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously. ADOPTION OE AGENDA ' Mayor Kirkham said that he had two items to add under Communications. , B. Lynwood Manor: Invitation to their Open House C. State Planning Agency Regarding a�lew Committee for Combatting Crime, and asking for a representative. MOTION by Councilman Liebl to adopt the Agenda as amended. Seconded by Council- man Sheridan. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously. i i � ll �i� REGULAR COUNCIL MEETING OF MAY 5, 1969 PAGE 2 � VISITORS Mayor Kirkham explained the Council policy of allowing 15 minutes at the beginning oP each meeting for visitors to speak on items not on the Agenda. EISENHOWER SQUARE The Commanders of the American Legion and the V.F.W. came forward to the Council table to present a plan that had been workecl out in con�unction with the Administration for improving Eisenhower Memorial Square. They explained that their first phase would be installing a 30' aluminum flag po1e. Mayor Kirkham explained that rather than allowing anyone to add to the Square in a hap- hazard way, this plan was derived and could be accomplished in stages. They said that they would like the flag pole to be in place by May 30th, Memorial Day. MOTION by Councilman Sheridan to approve the plan as drawn by the Administration, the American Legion and the V.F.W. Seconded by Councilman Harris. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously. TWIN CITY RACING ASSOCIATION The Vice President of the Twin City Racing Association was present at the Meeting, and said that there were several members of the Association living � in Fridley, and they have been having trouble with the Police Department tagging their cars as 7unk cars. A racing car does not need to have a license plate according to State law, but they are not allowed to drive on the streets. He wondered where they could be stored, as wherever they are, they get tagged as junk cars. He said that he realized the problems the City has with the �unk cars, and is in sympathy with them, but these are not �unk cars. Mayor Kirkham said that he has raised a very good point and asked the City Attorney if the City could stop tagging the cars, until some study is made. The City Attorney asked how the racing cars are different from 7unk cars. The Represe- ntaiive said that the cars are not required to be licensed by the State, but that they are registered with the Racing Association. The biggest share of the racing cars are fxom the northeast suburbs. The City Attorney said that possibly the Orda.nance could be amended, but then the problem arises as to what is a �unk car and what is a racinq car. There must be some type of difference that can be stated to keep people from claiming that some junk car is a racing car that they are planning to fix up He was asked where his cars are stored. He said that they were at 110 64th Avenue N.E. and that he and Sim Brazil are the owners and Jake Brazil is the driver, and that his car is registered with the Association. The City Attorney said that he would suggest asking the Police Department to stop tagging these cars, until some study can be made into the Ordinance regulating 7unk cars. Mayor Kizkham agreed with this suggestion. , The Representative said that he had copies of the Racing Association rules, and qave a copy to the City Attorney. McCLAIN'S ALLEY Mr. McClain said that the letter that was received by the City from Mr. William �a;,1i REGULAR COUNCIL MEETING OF MAY 5, 1969 PAGE 3 Werner as the owner of an apartment house is incorrect, and that the case was � misrepresented. He is a renter, not the oWner. The Council has not moved on the basis of this letter, so this item should come back for reconsideration, with the proper owner involved. The City Manager explained that the petition was sent out to Mr. McClain for the owners at the south end of the alley. Mr. McClain said that this puts the burden on him, but still allows all the apartment houses to be in violation. MOTION by Councilman Harris to put this item back on the next Regular Council Agenda. Councilman Liebl asked if Mr. Werner was the only one dissenting. He said that he felt that all the proper property owners should be asked to come to the Meeting. He said that about 850 of the people were in favor of vacating, but there must be 100% participation. The City Attorney saYd that this would be a vacation of a dedicated alley, and there must be 1000 on any public easement. The Council must make a finding of there being no necessity, and if there is one ob7ection, then it would be impossible to prove that it is not a necessity and would be in effect, a contlemnation, because you would be taking the right of access away from them. THE MOTION by Councilman Harris was seconded and AMENDED by Councilman Liebl, with Councilman Harris' approval that the people along the alley be asked to come to the Meeting � Councilman Sheridan pointed out that he thought that there were two letters on file ob�ecting to the vacation, so he wondered tahat another informal hearing would gain, unless one has changed his mind. THE VOTE UPON THE MOTION, being a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously. INVOCATION: Mayor Kirkham said that he noticed that Pastor Arnold Stone, President of the Ministerial Association was now present and asked him to lead the Council and audience in prayer. FIRST READING OF AN ORDINANCE RELATING TO CONS�RUCTION OF GASOLINE SERVICE STATIONS AND DRIVE-IN RESTAURANTS REQUIRING A SPECIAL USE PERMIT, THEREFORE 10 SUSDIVISION 4 & SUBDIVISIONS 15 & Councilman Liebl said that at the last Council Meeting he had asked for clarification of this proposed Ordinance and thanked the City Attorney for his clear explanation. MOTION by Councilman Liebl to approve the Ordinance on first reading and waive the reading. Seconded by Councilman Samuelson. Upon a roll call vote, Kirkham, � Liebl, Harris, Samuelson, and Sheridan voting aye, Mayor Kirkham declarecl the motion carried unanimously. ORDINANCE #417 - AN ORDINANCE TO AMEND THE CITY CODE OF THE CITY OF FRIDLEY, MINNESOTA BY MAKING A CHANGE IN ZONING DISTRICTS: (Gordon SwensonJ Councilman Harris pointed out that at the last Meeting a request was made that �, - . �; ��� REGULAR COUN'CIL MEETING OF MAY 5, 1969 PAGE 4 , this area be cleaned up, and asked if anything has been done. The City Manager said that he had visited the area and the only way for outside display under C-2 was under a special use permit. The owner has already been contacted abou� cleaning the area up. Mr. Swenson said that he had talked to the owner of the shop, and he has agreed to clean it up. There will be blacktopping goinq in £ront, so there will not be any area for outside storage. He said that the owner would like to leave an outside display table outside for about two days out of the week. Councilman Harris said that if it was a good looking table, he would still need a special use permit, but there would be no prob- lem. He asked Mr. Swenson to tell the owner of the shop to come in and apply for the special use permit. MOTION by Councilman Harris to adopt Ordinance #417, waive the x'eading and order publication. Seconded by Councilman Samuelson Opon a roll call vote, Sheridan, Kirkham, Liebl, Harris, and 5amuelson voting aye, Mayor Kirkham declared the motion carried unanimously. ORDINANCE #418 - AN ORDINANCE TO AMEI�D THE CITY CODE OF THE CITY OF FRIDLEY, MINNESOTA SY MAKING A CHANGE IN ZONING DISTR�CTS= (RObert Guzy) MOTION by Councilman Liebl to adopt Ordinance #418, waive the reading, and order publication. Seconded by Councilman Sheridan. Upon a roll call vote, Samuelson, Sheridan, Kirkham, Liebl, and Harxis voting aye, Mayor Kirkham declared the motion carried unanimously. , CONSIDERATION OF REZONING STUDY (ZOA #69-07) BEING BOUNDED ON THE NORTH BY 61ST AVENUE, ON THE SOUTH SY 57TH AVENUE� LYING SETWEEN MAIN STREET AND UNIVERSITY AVENUE - HYDE PARK: The City Engineer showed the area on the screen for the benefit of the audience and the Council. Councilman Liebl said that there have been some facts bzought out through the discussions with the Planning Commission, and that rt may be wiser to con- tinue the commercial zoning all the way back to 2'� Street. He said that he would have no ob7ection to this and there were no ob7ections at the Publio Hearing Meeting. By changing Section 4 of the proposed Ordinance to C-2, this would make a sizeable portion of commercial area. He said that he would also recommend the City Manager's Plan Circle Flow with the slip-off ramp, and will also support the Resoluta.on drawn up to be sent to the Ma.nnesota Highway Department. RESOLUTION #71-1969 - RESOLUTION AUTAORIZING REQUEST OF HIGHWAY DEPARTMENT CONCURRENCE FOR TRAFEIC PATTERN CONFIGURATION TO SUPPORT PLANS FOR THE HYDE PARK - CITY VSEW ADDITION TO THE CITY OF FRIDLEY: Mayor Kirkham read the Resolution aloud for the benefit of the audience. MOTION by Councilman Liebl to adopt Resolution #71-1969 Seconded by Councilman ' Sheridan. Upon a voice vote, all voting aye, Mapor Kirkham declared the motion carried unanimously. Councilman Liebl asked the Council, on behalf of the people in support of this rezoning, if they were ready to vote on the Ordinance on first reading and if the rest of �he Council was in agreement that the commercial zoning should go back to 2'� S�reet. He felt that if the first reading was held, it would ,:� - �_ , REGULAR COUNCIL MEETING OF MAY 5, 1969 PAGE 5 signify to the Minnesota Highway Department that the City of Fridley wanted � some action, and were serious about this request. Councilman Harris said that he would have some reservat�ons on whether the first reading should be held at this time. The slip-off ramp on the Plan Circle Plow may have to be moved further south and this may preclude the chance for the Planning Commission and the Council to make further changes. He felt that before the first reading, the City must gain the concurrence of the Highway Department. Councilman Liebl said that in some instances, such as the Bob Schroer rezoning, the rezoning was accomplished first, and then the traffic patterns were established, and he felt that this was much the same situation. However, he said that he wanted to make sure the Council did not do anythxng illegal. The City Attorney said that he dic3 not know of any reason why it would be illegal to pass on the first reading. The Courts have indicated that traffic problems are City related and are not a basis for turning down building permits or rezonings. If passed on first reading, however, it would have to be contingent upon receiving the Highway Department's approval. Mayor Kirkham felt that by Council adopting the Resolution, this would show the City's intent to the Hyghway Department, but if the Ordinance is passed on first reading, then it is found that the Highway Department disapp.roves of the request, this would actually be doing the people a disservice. He said that he would go along with the first reading, but it must be predacated upon con- currence by the Highway Department for the slip-off ramp. Councilman Sheridan said that the Council was in general agreement with the , plan, but if the slip-off zamp was not provicled, possibly Blocks 12,22, & 27 should not be commercial. Councilman Harris said that he did not feel that the Council should tell the people one thing on first reading and something else on the second reading. Mr. Eldon Schmedeke said that he would like the road as soon as possible, and that he hoped that the Administration and the Council would approa.ch the Highway Department on this, rather than the Planning Commission. He said that he has been granted a 60 day extension o£ his rezoning request by the Planning Commission because of this problem. Councilman Harris explained that the Planning Commission is waiting to see if ingress can be gained off T. H. #47 before making their decision. This Resolution has been passed, so the Ad- ministration will be taking it up with the Highway Department soon. Mayor Kirkham added that there is no way to speed up the workings of the Minnesota Highway Department Councilman Sheridan assured Mr. Schmedeke that it would be the Administration that would be dealing with the Highway Department. Council- man Liebl asked Mr. Schmedeke if he would prefer that the Couixcil pass the Ordinance on first reading, contingent upon Highway Department approva7.. Mr. Schmedeke said that he could not see what it would hurt. Councilman Harris said that it would affect the people in Blocks 21, 22, and 27 and that if they cannat get access, they might change their minds. He said that he thought that a rezoning without knowing exactly what the plan was would be misrepresentatYOn. MOTION by Councilman Liebl to approve the Ordinance on first reading and waive , the reading, changing Section 4. from R-2 to C-2, contingent upon the approval of the Minnesota Highway Department on Plan Circle Flow, or another plan agree- able to both the State and City, and for the City Manager to start negotiations for the ingress. Seconded by Councilman Samuelson for discussion. REGULAR COUNCIL MEETING OF MAY 5, 1969 PAGE 6 � Councilman xarris said that he would have to vote against this at this time only because he felt that this may be misleading the people. Councilman La.eb1 asked if the Aighway Department would not grant the ingress, could access be gained some place else. The City Attorney said it could be done, but it would be questionable whether or not it would be desirable. � � Councilman Samuelson pointed out that if this motion fails to pass, it must wait six months before it can be brought back for reconsideration. MOTION WITHDRAWN by Councilman Liebl, with the agreement of the seconder. CONSIDERATION OF REZONING REQUEST (ZOA #69-01J BY PEMTOM, INC. TO REZONE FROM R-1 TO P.D. THE AREA GENERALLY LOCATED NORTH OF HIGHWAY 694 BETWEEN MATTERHORN DRIVE AND THE FRIDLEY - NEW BRIGHTON BOUNDARY: Councilman Sheridan said that he had received three letters against this pro- posed zoning which he read aloud and asked that they be made a part of the per- manent record. Mayor Kirkham said that he also had received one, to be added to the record. Following are the letters received: "Mr. R.E. Sheridan 1301 N.E. Hillwind Road Fridley, Minnesota Dear Mr, Sheridan: May 5, 1969 As you are aware, a steering committee of citizens in your ward has been concerned and in disagreement with the rezoning proposed by Pemtom, Inc. This group circulated petitions against the proposed rezoning and presented to the City Council approximately 250 petition signatures from residents in the area of Gardena Avenue and immediately West of the land in question. The steering committee also presented a summary of ob7ections to Fridley City Admimstration. This summary pointed out both general ob�ections to rezoning the land in question and specific ob�ections to the town- house and apartment building proposal. On 5/4/69 this steering committee, representing the attitude of 250 taxpayinq Fridley residents met and arrived at specific conclusions which I, as their elected spokesman, have been asked to convey to you as ou�' Councilman representative. With ten of eleven members present, the following positions were identified: 1. The Committee requests the denial of P.D. rezoning at the earliest possib].e moment. It was felt that specific action ought to be taken, hopefully at the pending council meeting to avoid re- arrangements and revision of the speciPic request. This was a unanimous request of ihe oommrttee. 2. By vote, mne of the ten members present disagreed in concept with the nine point council statement recently signed by you_ 3. By vote, nine of ten memhers are not in agreement with any cozn- promise plan including that approach referenced in Item 2 above. Basic thoughts behind this position include the lack of 7ustifica- tion and proof by the requester or present owner that the land in question need be changed from R-1 to any kind of zoning. � ��� � i'� ' �, �+l -� REGULAR COUNCIL MEETING OF MAY 5, 1969 (Letter Continued) PAGE 7 The committee indicated conoern that as a group rapresenting approximately 250 of your constituents, specific positions on this matter be provided to you as our spokesman. We apologize for the tardiness of this consolidated information and any timing inconvenienoe. We are, however, deeplp con- cernecl about this matter and request your support consistent with the items mentioned above. Sincerely, /s/ H.F. Bergman Mr. H.F. Bergman 5503 Regis Trail Eridley, Minnesota cc: Messers: Aho Mellum Deitz Reid Hudrlick Genrre Schontz Bukovich Petterson Hoffman " "5151 St. Moritz Dr. Minneapolis, Minn. April 19, 1969 Mz. Ray Sheridan 1301 N.E. Hillwind Rd. Fridley, Ma.nnesota Dear Mr. Sheridan, This letter is to confirm our telephone conversation today regarding the pending issue of rezoning the area directly north of Innsbruck, across Highway 694, from R-1 to PD (Planned Development)_ Although our Homeowners Association has made it a particular point to avoid direct political or lobby-type action or activity, 2 feel com- pelled to point out to you that in my tenure as president of the Inns- bruck Association, Inc. I have not felt or heard the strength of sentiment for or against any issue (and there have been many) that have been against this particular rezoning. We are firmly convinced that the sub�ect area holds the finest R-1 potential of any other area in Northeast Minneapolis and must be retained for that purpose unless it is established conclusively that this would be grossly unrealistic. Even if this conclusion were validly arra.ved at, after an in-depth survey, it is our conviction that PD zoning is, wrth- out question, too indefinite and uncertain to be considered in the best interest of the long range planning for Eridley. , � ' REGULAR COUNCIL MEETING OF MAY 5� 1969 �� '� i, —` �<; PAGE 8 � (Letter ContinuedJ We ask that you and our Council re7ect the present rezoning request under consideration at this time. We would encourage deeper study of R-1 potential and, if this is truly unrealistic, consideration o£ other, more controllable, rezoning possibilities or alternatives. Raymond P Ranta President Innsbruck Homeowners Association" "April 30, 1969 6736 7th Street N.E. Fridley, Minnesota Dear Mr. Sheridan, My husband and I urge you to veto the proposed use of Pike's woods fox a 60� apartment, 30o townhouse complex• Who's getting the bargain - Pemtom or Fzidley? We know you are fully cognizant of the problems of funneling excess � traffic through the Central^Highway 65 bottleneck, and of the tax pro- blem in regard to city services, so I shall not mention these further. We also are aware of the appeal this pro7ect has, in that Fridley would realize an immediate increase in tax revenue, and the developer would assume the cost of puttinq a.n facilities and intends to try to preserve the beauty of the area. We do urge you to seriously consider these short term benefits against the impact of this kind of development on the future and image of Fridley. Minneapolis has encountered formidable socio-economic difficulties in aging apartment areas, difficulties with which, I'm sure, you are more familiar than we. As to the contention that it is not economically feasible to build single homes in that area, Edina has proven that, with today's pressure on the housing and land market, lots in such naturally beauti£ul areas do sell, and of necessity are devoted to expensive homes which are more than self-supporting in terms of tax revenue. In spite of the original investment Fridley would have to make, would it not be wises and more economiaal in the long run to open that area to private homeowners, who, as a group, are interested in maintaina.ng their homes and the quality of their community? Particularily, would this not � be wiser as these especially lovely homes, in an area that Bob Engstrom himself described as one of the few remaining "magnificent" parcels of property near the Metro area, will enduringly enhance Fridley's image as a progressive and desirable community? Sincerely, /s/ Mr. & Mrs. Richard C. Kemper" �y � � �, ; � .�''� REGULAR COUNCIL MEETING DF MAY 5� 1969 (Letters Continued) "To: Mayor Jack Kirkham - PAGE 9 Not apartments on this beautiful 1and: ThiS is our reaction to the pro- posed change in zoning for the 120 acres east of Matterhorn and north of 694. "Not apartments - what a waste - what a shame:" This is the general reaction of the many people from a11 over Fridley who visit with us, walk in the woods, share the beauty of all seasons. Town houses, at low density level, may be the real answer for most of the area. This would ease the road and utility installation while retaining natural areas between the home clusters. There are also many beautiful sites for single family dwellings. There are many facets for you to consider with this rezoning - taxes, utilities, traffic, long range economy -. However you feel you must vote, please be sure that a portion of the woods is �etained as a na�h.ural area for the entire Czty to en�oy. This area has a fascinating history and topography and is regarded fondly by the "oldtimers" as Pick's Woods. Even the Minnesota Legislature is currently acknowledging the need for undeveloped space within a City's borders and may soon provide funds for this. 5/5/69 Respectfully yours, /s/ Rich and Ila Osman 5830 Stinson Blvd. Fridley " MOTION by Councilman Harris to receive the foregoing communications. Seconded by Councilman Samuelson. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously. Mr. Engstrom, of Pemtom, Inc. said that it seemed that they have failed in being able to communicate to the people what they felt would be a good environment, and a good plan for this area. In addition, he felt that there seems to be some confusion in the minds of the people on what is allowed in a Planned Develop- ment District, and what i� signifies. Based on this, they said that they were withdrawing their request. Councilman Sheridan said that he was prepared to make a motion for denial of the request based on the findings of Mr. Bergman's steering committee. He said that he £elt that he made some good points in that neither Pemtom nor anyone else has shown any �ustification why this property should be rezoned. The committee has always considered it to be R-1, and it should not be on the recommendation of one owner to make a 7udgement on whether or aot it should remain R-1 and Yf it is developable as R-1. MOTION by Counoilman Harris to accept Pemtom Inc. withdrawal of their request for rezoning. Seconded by Councilman Samuelson. ' C �I J ' � f; , � � J REGULAR COUNCIL MEETING OF MAY 5, 1969 PAGE l0 � Councilman Liebl felt that the contention that R-1 homes could not be built in this area was not true, and it would be economically feasible to develop homes in this area and that they would sell. He said that in spite of the inves�ment of the applicant, he felt that this area should be opened up to R-1, with homes selling in the $50,000 price range. This is one of the £ew remaining magnificent areas left in the metropolitan area and this would provide an image of the City of Fridley as a progressive and desirable community. This Council has in the past given a staggering amount of building permits for apartment houses in relation to single family units, but the demand for single family homes is enormous. Here we have a chance to respond io the citizens request, and in the best interests of Fridley, he would recommend denial nf the P.D. request. Mayor Kirkham commented that he realized that Pemtom is one of the better build�rs in the metropolitan area, and he hoped that they were not too discouraged. THE VOTE U�ON THE MOTION for denial, being a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously. RECESS: Mayor Kirkham declared a recess at 8:55 P.M. CONSIDERATION OF LEASE FOR LIQUOR STORE #9 - HOLLY CENTER: ' There was some discussion of the possibility of incorporating a deceleration clause into the lease, but the Finance Director pointed out that the lease as written is considerably less than it would be for a private individual. Councilman Samuelson askefl if the lease is agreeable to them. The Fa.nance Director re- plied that it was prepared by them, and they are agreeable. Councilman Sheridan said that he would have no objections to the lease as written MOTION by Councilman Samuelson to concur with the lease as written and authorize the City Manager and Mayor Kirkham's signatures on the lease. Seconded by Councilman Sheridan. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously. CONSIDERATION OF ACTION REGARDING LOTS S& 9, BLOCK 6, CITY VIEW ADDITION: (Mr. Fred Harris) MOTION by Councilman Harris, based on current land valuation, to concur with the recommendation of the City Attorney and purchase the land from Mr. Fred Harris for $5,800 plus the $600 in special assessments. Seconded by Council- man Samuelson. The City Attorney said that the reason this was brought to the Council's attention at this time, is that he is currently handling other condemndations, and this one could be tied in with the others, however, he felt that wrth the costs of condemnation proceedings, nothing would be saved. Councilman Sheridan agreed that the price of $5,800 was about right. � THE VOTE UPON THE MOTION, being a voice vote, all vota.ng aye, Mayor Kirkham declared the motion carried unanimously. REPORT ON LAND ACQUISITION FROM SHELL OIL AND ST. WILLIAMS CHURCH FOR SERVICE ROAD LOOPBACK AT 615T AVENUE AND UNIVERSITY AVENUE: The City Engineer said that the City Manager and himself have been working with ;�, �;��. �r � REGULAR CDUNCIL MEETING OF MAY 5, 1969 PAGE 11 the Shell Oil people to get the necessary rYght of way for the loopback. Last ' year Shell Oil came in requesting a building permit to add an additional bay onto the east side. The City Manager has suggested finding out what the total cost would be to relocate the gas station. The estimated total cost of re- location would be about $23,250. The Church would be losing some land on the north side but they would be gaining parking area on the west side, and they would end up with almost the same usable parking space. He said that he would suggest appointing one or two Council Members, along with the Administration to approach St. Williams Church on this proposal. Councilman Harris said that he had talked to the lessee and the manager of the Shell Oil Station, and they would like some action taken, as they are anxious to remodel. They want to add onto the east side which would be toward the roadway. The City Engineer explained that basically this would be an exchange of land. The Shell Oil Company will end up with about the same amount of land, and we are not taking any great amount of land from the Church that we feel would be valuable land, Councilman Sheridan pointed out that if the Shell Oil Company is reimbursed, the Church may want the same consideration. The City Engzneer said that they have tried to come up with a plan more saleable to the Church. He added that Shell Oil Company is not asking anything for the land, the only cost is for the relocation of their gas station. Iie then showed the proposed plan to the Council for the Shell Oil Company Station. MOTION by Councilman Harris to approve the concept as shown and appoint a ' committee to approach St. Williams Church with this proposal. Seconded by Councllman Samuelson, Upon a voice vote, Kirkham, Samuelson, Sheridan, and Harris votang aye, Liebl voting nay, Mayor Kirkham declared the motion carried. It was decided that Councilman Sheridan, the City Manager, and the City Engineer should be on the committee to approach St. Williams Church with fhis proposal. DISCUSSION OF THE MATTER OF APARTMENT HOUSES THAT HAVE ANY PORTION OF LIVING QUARTERS CONSTRUCTED BELOW GRA➢E LEVEL: (This item on the Agenda at the request of Carl Paulson) SQOTION to table this item as Mr. Paulson could not attend the Meeting tonight, and that it is to be brought back when it i,s again requested. Seconded by Councilman Samuelson, Upon a voice vote, all voting aye, Mayor Kirkham de- clared the motion carried unanimously. CONSIDERATION OF AN ORDINANCE RELATING TO EXCAVATION IN CITY STREETS AND ESTABLISHING A NEW ORDINANCE TO REGULATE THE SAME: Councilman Sheridan said that he felt that there were some modifications needed in this Ordinance. Councilman Liebl wondered if the surety bond should not be doubled. Councilman Samuelson said that he thought that this would depend upon the 7ob being done. He asked if this was to provide controls for new curb ' cuts for access. The City Attorney said that as the Council recalled, an excavation Ordinance has been pushed by the Minneapolis Gas Company. The pre- vious Ordinance was felt to be too lengthy, so this Ordinance was drawn up with the help of the Planning Commission, and is considerably shorter. He said that he felt that there were still some questions that need answering such as; is it really needed, how much surety bond and insurance should be required, and who and what should be exempted from the Ordinance. �) ��� � � REGULAR COUNCIL MEETING OF MAY 5, 1969 PAGE 12 � Councilman Sheridan said that the basic reason for this Ordinance was to pre- vent cutting of lines without notification. Councilman Harris referred to Section 7 concerning non-completion or abandonment and asked how a time limit would be designated. Councilman Sheridan wondered if the permit should not stipulate a time limit and if the work is not completed by that time, that the City would finish the work. The City Attorney said that this wou].d be covered by Section 5., and would be under the �urisdiction of the Crty Manager. Councilman Sheridan referred to Section 10 concerning exemptions from fee pay- ment and felt that as the City of Fridley Inspectors have to inspect the work done by the utility companies, why should they not have to pay a fee. The City Engineer said that the way this is handled now is when a contractor comes in for a permit, the Public Works DeparCment determines and receives the cost of repair to the street by the City, locates the City utility lines, if any, and when the work is completed, an inspection is made. This Ordinance would greatly increase the amount of paper work, and he felt that the system used now is quite satisfactory. Councilman Sheridan agreed with the City Engineer that he did not want an Ordinance on the books if there is no need and would be cumbersome to use. Councilman Liebl pointed out a problem on 62nd Way where the Gas Company has dug a hol,e and they have not fixed it. The City Engineer sald that under this Ordinance they would be exempted anyhow. Mr. Richard Harris in referring to Section l, subdivision 5, said that he felt that it should read only the improved streets and alleys. � MOTION by Councilman Harris to table this Ordinance. Seconded by Councilman Liebl. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously. RECEIVING THE MINUTES OF THE BUILDING STANDARDS - DESIGN CONTROL SUBCOMMITTEE MEETING OF APRIL 23, 1969: 1. CONSIDERATION OF A REQUEST TO CONSTRUCT A TASTEE-FREEZ STORE ON LOT 18, BLOCK l, SPRING VALLEY ADDITIONF THE SAME BEING 6441 CSNTRAL AVENUE N.E. FRIDLEY, MINNESOTA. (REQUEST BY GEORGE L. WALQUIST, 4230 CENTRAL AVENUE N.E.� COLUMBIA HEIGHTS, MINIVESOTA): The City Engineer said that he would recommend approval of this request sub�ect to the stipulations imposed by the Building Standards - Design Control. He said that the applicant has applied for a lot split. Mr. S. Nelson, representing Mr. George Walquist, said that he was in fu11 agreement with the stipulations of the Building Board with ihe exception of the requirement for the plants along the perimeter of the property. He felt that there would have to be the use of salt on the parking lot so that when the snow was plowed, every year the pine trees would be killed and would necessitate planting every year. He said that he would be faced with a thousand dollar bill every year for the replacement. He said that he had no ob7ection to the pine trees or shrubbery placed in the front. He was asked what hours � he would be open for business. Mr. Nelson said from 11 00 A.M. to 11:00 P.M. Councilman Harris suggested placing the pine in pots, so they could be removed during the snow season. Councilman Sheridan asked if he would be using glazed tile on three sides with the back glazed blook. Mr. Nelson said yes, and it is in the contract that the building must be painted every year. �,r�r� ; r � �,u � REGULAR COUNCIL MEETTNG OF MAY 5, 1969 PAGE 13 MOTION by Councilman Harris to grant the building permit to Tastee Freez, sub�ect to the requirements placed on them by the Building Standards - Design Control. Seconded by Councilman Samuelson. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously. 2 AND 6, BLOCK 2 AVENUE N,E.� F AVENUE NORTH. OF A REQUEST TO CON6SRUC'S' A COMMERCIAL . COMMERCE PARK. THE SAME BEING 7510 - MINNEAPOLTS. MINNE ON LOTS 5 RAY SWENSON, 5615 CAMDEN The City Engineer said that this was south of the Food Bonanza Store and on Lots 5 and 6 facing the University Avenue Service Road. He then showed an elevation of the plans and said that it was going to be a small commercial building. Mr. Swenson said that it was a speculative building and there were no tenants as yet. The City Engineer said that they plan on dividing the buzlding up into about five portions. Mr. Gordon Aspenson said that they had ahecked on what kind of businesses would be allowed in this type of zoning. The City Engineer said thatthere is a landscaped 15' strip with small plantinqs around the perimeter, He said that the rest of the area is mostly blacktopped. Mr. Swenson said that the Building Standards - Desxgn Control Subcommittee had suggested the use of architectural flecorative blocks on the north and south elevations. Councilman Sheridan asked if it was not a mansard roof and suggested the use of hand split shingles to dress up the building. MOTION by Councilman Harris to grant the building permit sub7ect to the stipu- lations of the Building Standards - Design Control Subcommittee with the additions that the north and south elevations are to be architectural decora- tive blocks with paint on these and the west side, and use hand spla.t shingles on the roof. The motion was seconded and upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously. 3 CONSIDERATION OF A REQUEST TO COIVSTRUCT AN INDUSTRIAL BUILDING ON PARCEL 6600, SOUTA � OF SECTTON 12, THE SAME BEING 6970 CENTRAL AVENUE N.E „ MINNESOTA. � PRIDLEY, MINNESOTA): �UES��BY MEDTRONICS, 6970 CENTRAL AVENUE N.E., The City Engineer said that Medtronics have given the contractor and architect a free hand in developing the lay-out, and he felt that it would be a nice looking building. He showed the Council the plans and pointed out a nice land- scaping plan. The building is to be developed in three phases. He said that he would recommend approval as submitted. D10TION by Councilman Sheridan to approve the building permit subject to the plans as submitted on May 5, 1969. Seconded by Councilman Harris. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unani- mously. MOTION by Councilman Liebl to receive the Minutes of the Suilding Standards ^ Design Control Subcommittee Meeting of April 23, 1969. Seconded by Council- man Sheridan. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously. � � ' � ' ' REGULAR COUNCIL MEETING OF MAY 5, 1969 PAGE 14 RECEIVING THE MINUTES OF THE PLANNING COMMISSION MEETING OF APRIL 24, 1969: MOTION by Councilman Harris to receive the Minutes o£ the Planning Commission Meeting of April 24, 1969. Seconded by Councilman Samuelson. Upon a voice vote, all voting aye, Mayor Kirkham deolared the motion carried unanimously. MOTION by Councilman Harris to grant a 60 day extension to the Planning Commission for the rezoning request by Eldon Schmedeke. Seconded by Councilman Samuelson. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously. Councilman Liebl asked who asked for the extension. The City Enqineer said that the Planning Commission did, as they did not want to give an opinion until the over-all problem of Hyde Park is settled. RECEIVING THE MINUTES OF THE BOARD OF APPEALS MEETING OF APRIL 16, 1969: MOTION by Councilman Sheridan to receive the Minutes of the Board of Appeals Meeting of April 16, 1969. Seconded by Councilman Liebl. Upon a vo�ce vote, all voting aye, Mayor Kirkham declared the motion carried unanimously. RECEIVING THE MINUTES OF THE BOARD OF APPEALS MEETING OF APRIL 30, 1969: MOTION by Councilman Harris to receive the Minutes of the Board of Appeals Meeting of April 30, 1969. Seconded by Councilman Sheridan. Upon a voice vote, all voting aye, Mayor Kxrkham declared the motion carried unanimously. RECEIVING THE MINUTES OF THE PARKS AND RECREATION MEETING OF APRIL 28, 1969: MOTION by Councilman Harris to receive the Minutes of the Parks and Recreation Commission Meeting of April 28, 1969. Seconded by Councilman Sheridan. Upon a voice vote, all voting aye, Mayor Rirkham declared the motion carried unanimously. - RECEIVING BIDS AND AWARDING CONTRACT FOR STREET IMPROVEMENT FROJL^'CT ST. 1968-1B. (UNIVERSITY AVENUE EAST SERVICE ROAD FROM 69TH AVENUE TO 73RD AVENUE INCLUDING THE 69TH AVENUE CROSSOVER ON UNIVERSITY AVENUE): Bidder Arcon Construction Co. Hardrives, Inc. Victor Carlson & Sons,Inc Dunkley Surfaca.ng Co. Marvin Rehbein Contracting, Inc. Bid Securi Travelers Ind� Co. B.B St. Paul Fire & Marine B.B. Price $18,740.50 $13,288,00 U. Pacific Ins.Co. B.B. $33,245 00 Aetna Life & Cas. Co. B.S. Fidelrty & Deposit Co. B.B. $12,405.95 $12,375.00 The City Engineer said that the Consulting Engineers had checked the references of Marvin Rehbein Contracting, Inc., and they have been basically a landscaping contractor, and have �nst started getting into this business. Councilman Harris pointed out that Dunkley's were the low biddex on the original bid letting. The City Engineer suggested awarding the contract to the 1ow bidder, sub�ect to - � . � �� c� �.`� '�; REGULAR COi7NCIL MEETING OP MAY 5, 1969 PAGE 15 concurrency by the Highway Department and retaining Dunkley's bid, in the ' event the Highway Department should reject the bid of Marvin Rehbein Contracting, Inc. MOTION by Councilman Shera.dan to award the bid for the Street Improvement Project St. 1968-1B University Avenue Median Reconstruction to Marvin Rehbein Contracting, Inc. in the amount of 512,375.00 and retain the bid of Dunkley Surfacing Co, in the amount of $12,405.95 until concurrence by the Highway Department in the award is received, or award the contract to Dunkley Surfacing Co. if the Minnesota Highway Department does not concur in the award to Marvin Rehbein Contracting Inc. Seconded by Councilman Harra.s, Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously. DISCUSSION REGARDING THE PROPOSED POLLUTION ORDINANCE: Mayor Kirkham said that this is the season for concern about polluted air, and he has received many calls, so he would like to re-activate consideration of this Ordinance. Mr. Harvey McPhee, Health Sanitarian said that St. Louis Park has passed this Ordinance, and Golden Valley, Edina, and Bloomington are considering it. Counmlman Harris said that he felt that there were actions that the City of Fridley would have to take before passage of such an Ordinance, such as some sort of systematic pick-up of garbage under a franchise system, or on a con- tract basis. Mayor Kirkham agreed that the two problems are related, but felt , that the Ordinance could still be passed, and the residents 7ust would not be allowed to burn. The City Attorney asked if there wexe not standards set by the State Pollution Agency. Mr. McPhee said yes, they have formulated rules and regulations and they are now under consideration by the Metropolitan Council. They are con- sidering enforcement both at the regional level and the local 1.evels. He felt that the local communities will still enforce the problems at the local level. He suggested a comparison of their standards against this Ordinance. Councilman Liebl said that he was concerned with air pollution, but it seemed it must be on a wider basis than �ust city-wide. He asked if this Ordinance can really be enforced. NIr. McPhee said he wrote it, and he could enforce it. Counca.lman Liebl said that it could be enforced on new buildings, but what about the older buildings or apartment houses. The Pxre Prevention Bureau Chief said that there should not be too much problems on existing structures. Less than l0a of the multiple dwellings provide for internal incineration. He pointed uut the problems of enforcement when you have four different officials, and where the line is drawn between one category and another. He felt there were some ambiguities in referring to open burning. He said that there are some aon- flicting Ordinances now on the books, and if this were to be adopted, certain Sectionsof the Code would have to be repealed. There are two Ordinances de- fining burners, in Chapter 33 and Chapter 39, and this would make a third, so the old Or�.inances should be stricken. He felt that there are areas in the Ordinance that need to be cleared up. The Fire Chief, The Fire Prevention ' Bureau Chief, Building Inspector and Health Sanitarian are all called enforcing of£icials in different areas o£ the Ordinance, and this might bec�me cumbersome in enforcement, because in some cases they might overlap. Councilman Sheridan said that he felt that this Ordinance was too restrictive and might tend to kill some industries. Mr. Richard Harris said that there must be a balance struck somewhere in the middle. He sa3d that he would like ���i , REGULAR COUNCIL MEETING OF MAY 5, 1969 PAGE 16 � the priviledge of using his fireplace. He asked what about Target who would have a volume of crates and boxes to dispose of. They have to be gotten rid of someplace. Mayor Kirkham pointed out that Holiday bundles all their papers and has them hauled away. DISCUSSION REGARDING THE POLICE PENSION FUND ACTUARIAL SURVEY• The City Manager said that the Police Department has asked that the City parti- cipate with them in their actuarial survey. The cost of the survey would be about $300 -$400, with the City of Fridley contributing 71.5a and the Police Department contributing 28.50. MOTION by Counca.lman Harris to concur with the Crty Manager's reconunendation. Seconded by Councilman Samuelson. Councilman Sheridan pointed out that the Fire ❑epartment had to pay for theLr own actuax'ial survey and what is done for one should be done for the other. The City Attorney asked if there had ever been an actuarial survey done. The Finance Director said no# that it was set up in 1966 and the requirement is that it be done every four years. Councilman Harris said that he would support this since it is the first one and if it is not on a perpetuating Uasis. Council- man Sheridan said that then the City should go back and pick up the expense incurred by the Fire Relief Association's survey. Mayor Kirkham asked how � the Fire Department survey was paid for. The Fire Prevention Bureau Chief said that it was paid for from the pension fund 1000. He said that they are re- quired by law to have an actuarial survey every four years. This money was taken from pension funds and cost about $520, as they had to have some additional studies made. Mayor Kirkham agreed that the Ci�y should pay for both. It was discussed whether or not a rebate could be made within the 1970 budget to Police Pension funds as the item was not budgeted. THE VOTE UPON THE MOTION, being a voice vote, Kirkham, Liebl, Harris, and Samuelson voting aye, Sheridan voting nay, Mayor Kirkham declared the motion carxied. CON5IDERATION OF CHANGE TO LIQUOR DEPARTMENT EMPLOYEE UNION AND CITY AGREEMENT: MDTSON by Councilman Samuelson to concur with the City Manager's recommendation as outlined in his memorandum dated April 30, 1969. Seconded by Counm lman Liebl. Upon a voice vote, al1 voting aye, Mayor Kirkham declared the motzon carried unanimously. CONFIRMATION OF AGREEMENTS MADE FOR DIKE INSTALLATION IN RIVERVIEW HEIGHTS - 1969 FLOOD: The City Manager explained that the City had to provide the easements for the dike. Councilman Aarris asked if there were places where the dike will not have to be removed. The City Manaqer said that this is our hope. The Czty Manager � explained that some of the agreements inc].ude the option to buy the land. Two gentlemen in the audience said that they live on Riverview Terrace and cannot get to their garages and asked how long it will be before a solution is reached. The City Manager told them that the City Engineer has been put in charge to study what can be done with the dike, and the question of how much of the dike can be left. There is also the problem of drainage and traffic. He explained that there is a letter to the Corps of Engineers requesting their help in studying permanent flood prevention measures whioh wi11 be sent. He suggested y� �. � - �� ° `�'. REGULAR COIINCIL MEETING OF MAY 5, 1969 PAGE 17 that when the information is gathered together, there be an informal meeting with the people of the area. A member of the audience said that there were about 5 people that cannot use their driveways, and although they were very grateful for the dike, they would like access to their garages. The City Engineer said that the Public Works Department wzll work with these people for some temporary arrangement until the permanent solution is reached. Councilman Sheridan asked why some of the easements are for the sum of $1,00 and some of the people are asking for reimbursement. The City Manager ex- plained that it affected Anderson's front yard, and the money is for sloping, seeding or sodding, and not payment for the land. MOTION by Councilman Harris to concur with the agreements. Seconded by Council- man Samuelson. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carr�,ed unanimously. LETTER TO CORPS OF ENGINEERS REGARDING RIVERVIEW HEIGHTS - 1969 FLOQD DIKE MOTION by Councilman Liebl to concur with the letter to be sent to the Corps of Engineers and authorize sending it. Seconded by Councilman Sheridan. Upon a voice vote, al1 voting aye, Mayor Kirkham declared the motion carried un- animously. RESOLUTION #72-1969 - RESOLUTION AUTHORIZING APPLICATION FOR REIMBURSEMENT FUNDS FOR 1969 FLOOD: MOTION by Councilman Harris to adopt Resolution #72-1969. Seconded by Council- man Samuelson. Upon a voice vote, a11 voting aye, Mayor Kirkham declared the inotion carrxed unanimously. CONSIDERATION OE SEWER FACILITIES FOR AREA NORTH OF OSBORNE ROAD. LETTER FROM MIDLAND CONSULTANTS, INC AND SPRING LAKE PARK AGREEMENT: MOTION by Councilman Harris to receiVe the communication from Midland Con- sultants dated April 22, 1969. Seconded by Councilman Lieb1. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously. MOTION by Councilman Harris to receive and approve the agreement with Spring Lake Park dated the 28th day of April, 1969. Seconded Uy Councilman Sheridan. IIpon a voice vote, a11 voting aye, Mayor Kirkham declared the motion carried unanimously. APPROVAL OF REVISED STRUCTURE LAYOUT FOR NSP 415 KV LINE THROUGH FRIDL�Y: MOTION by Councilman Samuelson to approve the layout by N.S P. Seconded by Councilman Harrzs. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously. The City Attorney said that part of the original problem was to remove the line on University Avenue. Mr. Larry Benson, NSP, said that this will be completed. RESOLUTION #73-1969 - RESOLUTION ORDERING IMPROVEMENTS, APPROVAL OF PLANS AND ORDERING ADVERTISEMENT FOR BIDS: WATER IMPROVEMENT PROJECS $94: The City Engineer said that he had a meeting e�ith the Park Board and what they would like to have is a more centrally located building. The problem with the ' , � � i �� REGULAR COUNCIL MEETING OF MAY 5, 1969 PAGE 18 � well house with toilet facilities included, is that they must be 50' from the we11. He said that he would like the Council to indicate how they feel about this location and how expensive the building should be. The Park Department wants a centrally located facility which would include a game room, craft room, warming house, concession stand etc. Mayox' Kirkham said in that case he felt that they should put their building where they want it and the City should �ust take care of the well house. Councilman Samuelson said that he still did not like the appearance. Mayor Kirkham said that the Council had indicated that they would go along with tacking something onto the well house� for the Park Department. Councilman Sheridan said that as long as the building is not suitable for the Park's purposes, perhaps �ust the well house should be built, and the Park facility be considered a separate problem. Councllman Liebl questioned whether this well house would pro7ect a good image of Fridley. The City Engineer said that it would be about the same as the other well houses, except for the roo� area. Councilman Sheridan asked the estimated cost. The City Engineer replied abont $10,000. Counoilman xaxris said in his opinion, �ust the well house should be built. Councilman Sheridan pointed out that the Council promised them some kind of facility, but they do not want it there. MOTION by Councilman Sheridan to adopt Resolution #73-1969, and let bids on a � well house, with an alternate including the park facila.ty. Seconded by Councilman Harris. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously. It was agreed that it would be decided what would be done about the Park's area after the bids come in. - RESOLUTION ORDERING PRELIMINARY PLANS, SPECIFICATIONS, AND ESTIMATES OF THE COSTS THEREOF: ST. 1969-3, ADDENDUM #1: MOTION by Councilman Harris to adopt Resolution #74-1969. Seconded by Council- man Liebl. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously. RESOLUTION #75-1969 - RESOLUTION TO ADVERTISE FOR BIDS FOR ONE POLICE CAR; MOTION by Councilman Harris to adopt Resolution #75-1969. Seconded by Council- man Sheridan. Upon a voa.ce vote, all voting aye, Mayor Kirkham declared the motion carried unanimously. RESOLUTION #76-1969 - RESOLUTION AUTHORIZING AND DIRECTIDSG THE SPLITTING OF SPECIAL ASSESSMENTS ON LOT5 20 TO 30, PARCEL 600, BLOCK 2, ONAWAY ADDITION: MOTION by Councilman Sheridan to adopt Resolution #76-1969. Seconded by Council- man Liebl. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion , carried unanimously. APPQLNTMENTS: There was no action taken on the vacancy on the Building Standards - Design Control Subcommittee. aidFA ��i��1 REGUZAR COUNCIL MEETING OF MA.Y 5, 1969 Name Position Salary Replaces PAGE 19 Henry R. Muhich Chief Inspector $900 per Month New Position Building Insp. Dept. MOTION by Councilman Harris to approve of the appointment. Seconded by Councilman Sheridan. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously. CLAIMS MOTION by Councilman Liebl to approve payment of General Claims #17922 through #18031 and Liquor Claims #329d through #3317. Seconded by Councilman Samuelson. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion cartied unanimously. LICENSES: MOTION by Councilman Sheridan to approve the following licenses: RENEWALS SERVICE STATION Les's Standard 7680 Highway #65 Fridley, Minnesota Riverside Standard 8100 East River Road Fridley, Minnesota Ie�l Les Schaffran James A. Armstrong Wantland Standard Service Sames G. Wantland 5311 University Avenue N.E. Fridley, Minnesota FOOD ESTABLISHMENT McGlynn Bakeries, Inc. 755 53rd Avenue N.E. Fri$ley, Minnesota VENDING MACHINE Tom Ryan 6389 University Ave. NE Fridley, Minnesota Day Company 500 73rd Avenue N E. Fridley, Minnesota Mico Independent OiI. 6500 East River Road Fridley, Minnesota Norman Serglund Thomas J. Ryan George Kuhl Ken Mix APPROVED BY Building Inspector F1re Inspector Building Inspector Fire Inspector Building Inspector Fire Inspector Health Inspector Health Inspector Health Inspector Health Inspector I� � , ' � � REGULAR COUNCIL MEETING OF MAY 5� 1969 Licenses Continued. BY Central 5peedy Car Wash Stuart Pihlstrom 5201 Central Avenue N.E. Fridley, Minnesota LIVESTOCK 10 Goats Audrey Theilmann 1540 Rice Creek Road Fridley, Minnesota CAFE Big B`s Pizza Michael J. Regan 6479 University Avenue NE Fridley, Minnesota Unity Hospital Donald J. Leivermann 550 Osborne Road Fridley, Minnesota Minnie Pearl David C. Sonmter 5865 University Ave. N.E, Fridley, Minnesota Burger King Sames E. McCann 6410 University Avenue N.E. Fridley, Minnesota CIGARETTE Burger King James E. McCann 6410 University Avenue N.E. Fridley, Minnesota Holiday Auto W.E. Councilman Hwy. #694 & University Fridley, Minnesota BLACKTOPPING ilnited Asplialt Co., Inc. Gary Andersin 331 Coon Rapids Boulevard Coon Rapids, Minnesota EXCAVATOR'S LICENSE PAGE 20 APPROVED BY Health Inspector Building Inspector Health Inspector Health Inspector Health Inspector Health Inspector Chief of Poiice Chief of Police RENEWAL Building Inspector Robert L. Miller Const. Robert L. Miller NEW 1390 lOth Avenue Newport, Minnesota Qua.nn Plumbing Harold Quinn 8003 13th Avenue South Blooma.ngton, Minnesota Plumbing Inspectar RENEWAL Plumbing Inspector �, � � _ ,,,, �; , s� ,(' �� �� � c'� . REGULAR COUNCIL MEETING OF MAY 5, 1969 GII�tAL CQNTRACTOR Clemron, Incorporated 44 » Central Avenue N.E. Minneapolis, Minneaota Four Star Inveetment Co. 500 Greenhaven Road Anoka, Minnesota Harold E. Sulien 2526 Bunker Lake Slvd. Anoka, Minnesota T. C. I{,7eseth Conat. Co. 4230 Central Avenue N.E. Minneapolis, Minneeota Krc,us-Anderson of Mpls,Inc. 501 South Bth Street Minneapolis, Minnesota Hugo Skrandies Conet. Co. i95 au8o St. N. E. Fridley, Minneeota A. L. Williame Conet. Co. 947 86th Ave. N. W. Coon Rapids, Minneeota Zuehlke Conat. Co. 6495 Pierce St. N. E. Fridley, Minneeota GAS SE.RVICES A1'e Plbg. & Htg. Co. 8400 Center �rive N. E. Minneapolis, Minnesota Mill C�ty Htg. & Air Cond. 13005 H 16th Ave. N. Minneapolis, Minnesota Fred Vogt & Co. 3260 Gorhac� Ave . Minnespolis, Minnesota HEATING A1'e Plbg. & Htg. Inc. 8400 Center Drive N. E. Minneapolis, Minneeota By: Clem Johnaon RENEWAL By: Winslow Chamberlain NEW By: Harold Julien RENEWAL By: Theodore K�eeeth RENEWAL Sy: D. Engelson REN�;WAL By: Hugo Skrandiee RT�'.�I�TE9JAL By: A. L. Williame RENEWBL B�: �jRbert Zuehlke RENESJAL By: Ralph Hildebrandt REtdE�4JAL By: Wm Stevenson; By: Fred Vogt RF•NE��IAL G�� By: Ralph Hildebrandt ?tENPblAL PAGE 21 ' Bldg. Insp. Bldg. Insp. Blc3g. Insp, Bldg. Inap. Sldg. Insp. Bldg. Insp. � Bldg. Inap. Sldg. Insp. Plbg. Insp. Plbg. Insp, Plbg. Zns�, , Plbg. Insp. � � �' -4� � � REGULAR COUNCIL MEETING OF MAY 5, 1969 Licenses Continued. Equipment Supply Co, 1526 Crawford St. Paul, Minnesota Mill City Htg. Co. 13005 B 16th Ave. N. Minneapolis, Minnesota Fred Vogt Co. 3260 Gorham Avenue Minneapolis, Minnesota MASONRY Cedar Concrete Co., Inc 7720 Wentworth Ave. So. Minneapolis, Minnesota T.C. K7eseth 4230 Central Avenue N.E. Minneapolis, Minnesota Ewald J. Finger Wm.SteVenson Fred Vogt William Smith PAGE 22 RENEWAL Plumbing Inspector RENEWAL Plumbing Inspector RENEWAL Plumbing Inspector RENEWAL Building Inspector Theodore C. Kjeseth RENEWAL Building Inspector THE MOTION to approve the licenses was seconded by Councilman Liebl. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously. ESTIMATES: Heights Electric Inc. 4015 Central Avenue N.E. Columbia Heights, Minnesota 55421 Estimate #2 FINAL Wiring of Fridley Municipal Garage according to contract Patch & Erickson, Inc. Architects 2801 Wayzata Boulevard Minneapolis, Minnesota 55405 Estimate FINAL Architectural Fees on Fridley Municipal Garage according to contract E.H. Renner & Sons, Inc. 5465 A County Road 18 North Minneapolis, Minnesota 55428 For work completed this date for construction � of Water Improvement Pro7ect 75-H according to contract - PARTIAL Estimate #2 $1,559.40 $ SS6.73 $6,138.00 „, ,� �r '�' REGULAR COUNCIL MEETING OF MAY 5, 1969 Sergerson-Caswell Inc. 13120 Wayzata Boulevard Minnetonka, Minnesota 55343 For work completed this date on Pro�ect k94 (Well #2 - Ordinance #414) PARTIAL Estimate PAGE 23 $3,931.20 MOTION by Councilman Harris to pay the estimates. Seconded by Counmlman Sheridan. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously. TRAILER PERMIT APPLICATION - CLETUS NEI: MOTION by Councilman Liebl to grant the trailer permit request by Cletus Nei. Seconded by Councilman Samuelson. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously. CONSI➢ERATION OF 8 YEAR STORM SEWER PROGRAP4: MOTION by Councilman Harris to receive the memorandum Erom the City Enqineer dated May 5, 1969, CM #69-07. Seconded by Councilman Harris. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously. APPROVAL OF SIGN PERMIT - BDB'S PRODUCE RANCH: MOTION by Councilman L1eb1 to grant approval of the sign permit request for Bob's Produce Ranch at 7620 Universxty Avenue N.E. Seconded by Councilman Harris. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously. APPROVAL OF SIGN�PERDIIT - SUNLINER MOTEL: The City Engineer saa.d that the Board of Appeals had approved this request with the elimination of the changeable panel. MOTION by Councilman Harris to approve the sign permit request by Sunliner Motel with the elimination of the changeable panel. The motion was seconcled and upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously. CONSIDERATION OF TRAF£TC PROELEMS AT INTERSECTION OF WEST MOORE LAKE DRIVE, T.H. #65 AND CENTRP.L AVENUE: Councilman Harris said that last Saturday night he was on the west side of T.H. #65 and was trying to get across to the other side, and he then fully realized what a traffic problem this intersection is. He suggested that the Administration try to formulate a plan to improve this intersection. RESOT,UTION #77-1969 - RESOLUTION REQUESSING IMPROVEMENT OF INTERSECTION OF CENTRAL AVENUE AND T.H. #65 FOR BETTER TRAFFIC FLOW AND SAFETY: MOTION by Councilman Harris to adopt Resolution #77-1969, and direct the Administration to look into this intersection to try to formulate some plan for improvement. Seconded by Councilman Liebl. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously. ' r , �`} i % � REGULAR COUNCIL MEETING OF MAY 5, 1969 PAGE 24 � VARIANCE REQUEST BY BERNARD BECKER� 7664 ARTHUR ST�2EET- Mr. Becker was a visitor to the Meeting and said that he had been granted a variance on July 2, 1968 to construct a double garage. The variance was for no side yard and he had the concurrence of his neighbor. FIe now has a dif- ferent neighbor and wondered what the procedure was. He was told that he would have to resubmit his xequest through the Board of Appeals to gain the approval of his new neighbor. CONSIDERATION OF ORDINANCE CHANGE TO ALLOW FOR TOWN Councilman Harris said that through the Pemtom request zt was pointed out that there is no district within our Ordinances where town houses could be built. He suggested the City Attorney look over this, with the possibility that it could be included into R-1 zoning, for a specific parcel of land, such as 20 acres or more, and with some sort of density specified. MOTION by Councilman Harris to requeSt the City Attorney and the Administration and Planning Commission study the Ordinances for the possibility of inclusion of town houses. Seconded by Councilman Samuelson. Upon a voice vote, all votinq aye, Mayor Kirkham declared the motion carried unanimously. Councilman Sheridan asked a6out taxation on town houses. The City Attorney said that he believed that if it was a 7 unit town house, for instance, each ' house would be taxed 1/7th of the total of the total structure. COMMUNICATIONS: A. SHEILA LYONS: FRIDLEY HIGH SCHOOL: THANK YOU CARD FOR USE OF COURT ROOM MOTTON by Councilman Samuelson to receive the thank you card from Sheila Lyons. Seconded by Councilman Liebl. Upon a voice vote, all voting aye, Mayor Kirlcham decLared the motion carried unanimously. B. LYNWOOD MANOR NURSING AOME: INVITATION TO OPEN HOUSE Mayor Kirkham said that he had received an invitation to the 21st Anniversary of the Nursinq Homes Association to be May 11, 1969 from 2:00 to 5:00 P.M. MOTION by Councilman Samuelson to receive the invitation from Lynwood Manor Nursing Home. Seoonded by Councilman Harris. Upon a voice vote, all votinq aye, Mayor Kirkham declared the motion oarxied unanimously. C. STATE PLANNING AGENCY: REQUESTING MEMBER FOR COMMITTEE FOR CRIME PREVENTION Mayor Kirkham said that he had received this communication from Mr. Emery Basrette, Executive Director of the Governor's Commission of Crime Prevention � and Control, dated April 28, 1969, and that if a member of the committee is to be appointed, it must be submitted before May 13th. Mayor Kirkham indicated that he would be glad to serve. MOTION by Councilman Samuelson to nominate Mayor Kirkham to serve on the com- mittee. Seconded by Councilman Harris. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously. /Y f� / � REGULAR COUNCIL MEETING OF MAY 5, 1969 PAGE 25 CONSIDERATION OF FREEWAY ZONING: , Mr. Richard Harris said that when the Counczl was considering the request by Plywood Minnesota, it occurred to him that perhaps somethinq should be in- cluded into the Code to automatically cover the aesthetics on freeway buildings. This could become part of the basic building codes. Councilman Harris suggested that he submit this suggestion to the Planning Commission. Mr. Harris said that the City of Fridley has several highways running through the City, and some consideration should be given to incor- porating this into a basic standard to be met. ADSOURNMENT: MOTION by Councilman Harris to ad�ourn the Meeting. Seconded by Councilman Liebl. Upon a voice vote, all voting aye, Mayor Kirkham declared the Regular Council Meeting of May 5, 1969 adjourned at 11:30 P.M. Respectfully submitted, , / ; // r / /C - � / �r �% � -o, L � �" i c�, .� -�.,. c�f/� �f�c��iyf �� � �t C/ Juel Mercer �r /�Jack O. Kirkham Secretary to the City Council Mayor � '