Loading...
05/19/1969 - 00019478� � � THE MINUTES OF THE REGULAR COUNCIL MEETING OF MAY 19, 1969 The Regular Council Meeting of May 19, 1969 was called to order by Mayor Kirkham at 7:37 P.M. PLEDGE OF ALLEGIANCE. Mayor Kirkham requested the audience rise and 7oin the Council in saying the Pledge of Allegiance to the Flag. ROLL CALL: MEMBERS PRESENT: MEMBERS AHSENT Liebl, Harris, Samuelson, Kirkham, Sheridan (Arrived at 9:15 P.M.) None APPROVAL OF MINUTES OF THE REGULAR COUNCIL MEETING OF MAY 5, 1969: MOTION by Councilman Liebl to adopt the Minutes of the Regular Council Meeting of May 5, 1969. Seconded by Councilman Harris. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried. APPROVAL OF MINUTES OF THE SPECIAL PUBLIC HEARING AND WORKSHOP MEETING OP MAY 12. 1969: MOTION by Councilman Harris to adopt the Minutes of the Special Public Hearing and Workshop Meeting of May 12, 1969. Seconded by Councilman Samuelson. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried. ADOPTION OF AGENDA Mayor Kirkham stated that there were some items to add to the Agenda as follows: Side Yard Variance Request by Bernard Becker, 7664 Arthur Street Change Item #17 (Receiving Bids for Police Car) to read Emergency Ordinance for Purchase of Polioe Car Integrated Mechanical Systems, Incorporated. Item P under Communications, from Naegele Outdoor Advertising Company. Y,M.C.A. Delegation at 9 OD P.M. MOTION by Councilman Samuelson to adopt the Agenda as amended. Seconded by Councilman Harris. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried. VISITORS: Mayor Kirkham explained the policy of the Council in allowing 15 minutes for items not on the Agenda. There was no one present to speak on items not on the Agenda. CONSIDERATION OF PLYWOOD MINNESOTA EXTERIOR BUILDING PLAN: A Representative from Plywood Minnesota came forward and said that the plans have been studied since the Meeting last Monday night and the revised plans were submitted to the City this A.M. He then showed the plans and photographs i �� �Sl Yar� � � � REGULA.R COUNCIL MEETING OF MAY 19, 1969 of their company in Bloomington. PAGE 2 Councilman Harris said that he felt that the new exterior plans were a defa.nite improvement over those shown at the last Meeting. He said thank you to Plywood Minnesota for their patience, and commented that he felt that this plan had much more character and was more Yn line with the image Fridley is trying to pro�ect. MOTION by Councilman Harris to approve the exterior drawings for Plywood Minnesota as submitted May 19, 1969. Seconded by Councilman Liebl. Upon a voice vote, all voting aye, P4ayor Kirkham declared the motion carried. ORDINANCE #419 - AN ORDINANCE RELATING TO CONSTRUCTION OF GASOLINE SERVICE STATIONS AND DRIVE-IN RESTAURANTS REQUIRING A SPECIAL USE PERMIT, THEREFORE, AMENDING SECTION 45.10 SUB➢IVISION 4 AND 5 AND AMENDING SECTION 45.19 BY ADDING SUBDIVISIONS 15 AND 16: MOTION by Councilman Liebl to adopt Ordinance #419, waive the reading and order publication. Seconded by Councilman Harris. IIpon a roll call vote, Samuelson, Kirkham, Liebl, and Harris voting aye, Mayor Kirkham declared the motion carried. FIRST READING OF AN ORDINANCE UNDER SECTION 12.07 OF THE FRIDLEY CITX CHARTER TO VACATE 5TREETS AND ALLEYS AND AMEND APPENDIX C OF THE CITY CODE: (LOts 1 through 4, Block 1, Spring Brook Park. William J. Keefer) MOTION by Councilman Harris to approve the Ordinance on first reading and waive the reading, sub7ect to acquiring a slope easement. Seconded by Council- man Samuelson. Upon a roll call vote, Liebl, Harris, Samuelson, and Kirkham voting aye, Mayor Kirkham declared the motion carried. CONSIDERATION OF AN ORDINANCE FOR REZONING REQUEST (ZOA #69-03) TO REZONE FROM C-2S AND M-1 TO R-3A, S.E. CORNER OF 79TH WAY AND EAST RIVER ROAD: (N. Craig Johnson) Mayor Kirkham asked that this item be tabled until Councilman Sheridan arrives, as he had indicated that he would be late for the Meeting. CONSIDERATION OF ALLEY PROBLEM BETWEEN 2ND STREET AND MAIN STREET: (McClain) Councilman Liebl said that he understood that there was a petition to be received by the Council from Mr. Harvey C. Olsen, 6060 2nd Street N.E. Mr Olsen came forward and presented the petition, and said that there was about 85o signing the petition against opening up the alley. He said that there were some that he had been unable to reach. MOTION by Councilman Harris to receive Petition #14-1969. Seconded by Council- man Liebl. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried. Councilman Liebl asked Mr. Olsen if this was not the third time a petition was circulated. Mr. Olsen said that this was true. He said that they have requested closing the alley many times. Mayor Kirkham informed the audience that legally there must be 100% signatures. Mr. Olsen said that it is hard to contact some of these people and he had been trying since receiving the ' � � G`�!)�� � ( 1 i REGULAR COUNCIL MEETING OF MAY 19, 1969 PAGE 3 � communication from the City Manager. Mayor Kirkham said that he realized the difficulties, but there must Ue 100a agreement to close the alley, as it is a dedicated alley. The City Manager explained that along wrth this problem is the consideration of the off street parking by the apartment houses. The Council, if the alley were to be closed, would have to grant waivers of the Ordinance to allow the front yard parking. Mrs. Lucille B. Calguire, 6008 2nd Street N.E., said that she had 7ust bought this property and is not aware of the background, but has already seen the problem of the blowing sand and junk, and would like to see the a11ey closed off. She said that as it is, it is very hard to maintain. She felt that part of her land was being used as the alley. Mr. James Rudnitski, 6035 Main Street N.E , said that since the storm sewer was put in on 61st Avenue, they have not had the water drainage problems. I3e said that in 1964 they got flooded out, but no trouble since then The City Engineer commented that there is, however, a low area that does not have an outlet. A visitor to the Meeting from the area felt, that by improving the alley, it would create greater drainage problems, since there would be more blacktop. He asked if the alley were to be put in, would this eliminate the parking problems. The City Manager explained that the people living there have fenced off the alley and are using unimproved parking lots in the front. He said ' that an in depth study was made to see about the front yard parking. He asked the City Engineer to show the diagonal parking plan on the screen and explained that this would put the cars within 11' of the curb and would not provide ample room to back up. The Council would then have to give permissa.on to back the cars out onto Main Street. A visitor to the Meeting asked why adequate parking was not provided in the first place. Mayor Kirkham said he did not know, that tha.s was before any of them were on the Council. The visitor then asked if this would not mean driving across someone elses property. Mayor Kirkham said no, that this is a public dedicated alley, but that the people �ust built upon it illegally. Councilman Liebl asked if it shows as a dedication on the plat and at Anoka County. The City EnginEer said yes it does. There may be additional ease- ments beyond the alley, but the alley is still a dedicated right of way. Mayor Kirkham asked about how long the alley has been fenced off. A visitor to the Meeting said he thought about 9 years. The City Manager said that the correspondence dates back to 1964 regarding the fencing. Councilman Liebl pointed out that there is a double garage built into the alley, and that he would be for the vacation of the alley, but the Council must abide by the law and the law states that there must be lDOa agreement, or it would mean some condemnation proceedings. A member of the audience said that it appears that one person could hold up everyone. Councilman Liebl said that this is correct. Mr. MeClain said that he lives at the end o£ P1ain � Street and some of the property owners have put in a fence and a garden, and he would like to do the same, along with his new neighbor, Mrs. Calguire. He said that all they have at that end is a �unk yard and would like to improve it. This has been going on so long without any resolvement. He said that he could not understand why the Council would not move. A member of the audience said that it appears that there is only one vote against us. The Assistant „P %; ” _ REGULAR COIINCIL MEETING OF MAY 19� 1969 PAGE 4 City Attorney, James Gibbs, said that for a vacation of a dedicated alley ' there must be lDOo agreement, or else it would mean entering into condemnation proceedings, and if one person were to contest the case, he might prevail, as hc could claim his right to access, whether he uses the access or not. The City Manager pointed out that one large problem that is being overlooked is the front yard parking. They are presently parking illegally in the front set back and for the Council to allow the vacation, they would also have to grant a waiver for the front yard parking, and all the agreements for this have not been received. Councilman Liebl asked for a show of hands on who was in favor of the vacation of the alley. There were 10 hands raised, one for each property. It was pointed out that there were 10 who signed the petition. It was also pointed out that some of the signers are not the fee holders, and the City must have the fee holder's signature also. Councilman Harris asked if Mr. Olsen, when circulating the petition, found anyone against the vacation. He replied no. Councilman Harris said that the Council cannot con�ecture on what the fee holders want to do, that the City needs the signatures, and suggested sending a certified letter to each of the fee holders to try to gain their concurrence. Mrs. Calguire said that she had not signed the petition and came forward and did so. When asked if she was the�fee holder she said that she was not, and ' it was pointed out that the fee holder's signature was needed as a co-signer. P40TION by Councilman Harrls to send a certified letter to all the fee holders who have not yet signed. Seconded by Councilman Samuelson for discussion. Councilman Samuelson asked, if after the letters were returned and concurrence could not be acquired, could the City enter into condemnation with the costs of the condemnation assessed back to the property owners. Mr. Gibbs said that he was not sure. Councilman Samuelson pointed out that this cost would be much less that the improvement of the alley. The condemnation could be con- sidered an unprovement to the alley, so then the question would be if it could be assessed. Councilman Harris asked if certified letters were sent out, then could the City publish a condemnation notice. Mr. Gibbs said that it would be a personal service and would be served as any other condemnation proceeding. He said that the City may be hard pressed to show how this would be a benefit to the City in Court. After some discussion, it was decided that there should be a 20 day deadline for return of the letters. THE VOTE UPON THE MOTION, being a voice vote, all voting aye, Mayor Kirkham declared the motion carried. Councilman Liebl asked the audience if they understood what the Council action was. He said that they would be sending out certified letters to all the fee holders who have not signed to try to gain concurrence in the vacation. If concurrence is acquired, there would be a legal Public H�aring. If there is ' one objection, then there may be a court condemnation. He asked that Mr. McClain please be patient, and that the City must operate within the law. Mr. McClain asked why it had to be the fee holders, they do not live there. Mayor Kirkham answered that they are the ones that pay the taxes, therefore, REGULAR COUNCIL MEETING OF MAY 19, 1969 PAGE 5 � they have a ma7or say in what happens to their property. A visitor to the Meeting asked how many it took on a petition to make any improvement. Mayor Kirkham told him Slo. He then asked about a vacation. Mayor Kirkham told him 100°s. JAYCEES: Mr. Bill Drigans, past present of the Fridley Jaycees, said that he must apologize for the Christmas tree mix-up. He said that he would like to present the new President, Mr. Hariey Thureen, 7669 Lyric Lane. Mr. Thureen said thank you to the Council for the cooperation the Council has shown in working wrth the Jaycees. Mr. Bill Drigans also extended his thank you to the Council for the good working relationship. He then read an honorary membership certificate for Mayor Kirkham and pinned a Jaycee pin on him. Mayor Kirkham said thank you for this honor. RATIFICATION OF RESOLUTION #77-1969 - RESOLUTION REQUESTING IMPROVEMENT OF INTERSECTION OF CENTRAL AVENUE AND T.H. #65 FOR BETTER TRAFFIC FLOW AND SAFETY: MOTION by Councilman Harris to ratify Resolution #77-1969, passed May 5, 1969. Seconded by Councilman Liebl. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried. , REQUEST FOR A VARIANCE OF SECTION 45.23 FOR ELIMINATION OF S7DFYARD REQUIRE- N1ENT TO PERMIT CONSTRUCTION OF A DOUBLE GARAGE UP TO THE LOT LSNE BECAUSE OE THE LANDSCAPE OF THE EXISTING PROPERTY ON LOT 4, BLOCK 1. MEADOWMOOR � TERRACE, THE BY BERNARD H. 4 ARTHUR STREET N.E., PRIDLEY, MINNESO� ARTHUR STREET N.E., FRIDLEY, MINNESOTA The City Manager explained that the Board of Appeals had granted a variance to Mr. Becker July 2, 1968, but he had not applied for a building permit. Since that time, he has a new neighbor. At the last Council Meeting he was told he would have to go back to the Board of Appeals, but he now has a letter of concurrence by h�s new neighbor, and questions the reason for going through another Public Hearing when he does have the agreement of the neighbor. It was pointed out that had he applied for a building permit, he would not have any trouble now, as a building permit is good for one year. Councilman Liebl asked if there were any ob7ections. The City Manager said no. MOTION by Councilman Harris to approve the variance requested by Bernard Becker, Seconded by Councilman Liebl. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried. INSURANCE SPECIFICATIONS ADVISORY COMMITTEE REPORT: MOTION by Councilman Harris to receive the report dated May 15, 1969. Seconded by Councilman Liebl for discussion. Councilman Liebl said that he was glad to see the chanqe in maximum on ma�or medica}. £rom $10,000 to $25,000 per year, and also the lowered deductible on the ma�or medical from $100 to $50. He said he would question why the two year contract, and asked what the purpose of this was. ,nr,�� �„ �,,. ,, , REGULAR COUNCIL MEETING OF MAY 19, 1969 PAGE 6 The Finance ➢irector said that it was the feeling of the committee that a 5% ' higher premium is a good buy. He said that the experience has not been good during the past year, and the checks were more than the premiums paid by the City. Their feeling was that they would experience a greater than So in- crease if there was a change in plans. Councilman Liebl said that he felt that the City should always go out for open bids and that a better coverage might have been received, both as pertains to premiums and coverage. The Finance Director pointed out that the Insurance Consultant was present at the last 2 or 3 meetings. Also that the committee represents employees of every department, and their votes reflect what the employees want. Council- man Liebl asked Mr. John Brask, Insurance Consultant, if he felt that Mutual of Omaha would come in with the lowest bid. Mr. Brask said that Mutual of Omaha would stand behind the benefits quoted. THE VOTE OPON THE MOTION, being a voice vote, all voting aye, Mayor Kirkham declared the motion carried. RECONSIDERATION OF A REQUEST FOR ABATEMENT OE SPECIAL ASSESSNIENTS ON LOT 13� EXCEPT THE EAST 200' AND EXCEPT THE NORTH 30' FOR ROAD, AUDITOR'S SUBDIVISION #89: (On the Agend.a at the request of Kutzik and Leavitt) Mr. Walter Thufteda7, 3212 32 Avenue N.E. was present on behalf of Mr. Kutzik. ' He said that they were not asking for a complete abatement. He pointed out on a cul-de-sac there are only a few people assessed. He asked if there would be more assessments next year for a storm sewer. The City Engineer said that there is a ditch, and a culvert was installed. Mr. Thuftedal asked if this was the assessment that would be going on next year. The City Engineer said no, that would be the street assessment. Mr. Thuftedal said that there would be about $18,OOD in assessment which would figure out to be about $750 per unit for 24 units. He said that land can be bought for$1000 per unit with assessments in and paid. He said that there was an agreement worked out with New Hope for a reduction. On a cul-de-sac the assessments are higher than usual, and on this basis he would like the Council to reconsider their action. Councilman Liebl explained that in the City of Fridley, if this abatement were granted, the cost would have to be borne by the Fridley residents. In Fridley the assessments are based on front footage. In some of the other cities, the assessments are placed on a city-wide basis. This may be the reason New Hope could grant an abatement. Mr. Thuftedal asked if this was also the policy for cul-de-sacs. The City Engineer said that the same policy is followed throughout, regardless of the zoning. Mr. Thuftedal pointed out that the cost is about $2500 per lot. The City Engineer said that this is actually low in comparison. Mr. Thuftedal ' asked about the assessments on Central Avenue. The City Engineer told him that this is a county road. Councilman Harris said that he would have to agree with Councilman Liebl, that the policy cannot be changed. The land was bought knowing what the assessments were upon the land. P1r. Thuftedal said that they entered into the purchase in July and the spread was not made until October, so they were unaware of this. -7 i � / REGULAR COUNCIL MEETING DF MAY 19, 1969 PAGE 7 � Councilman Harris said that there were notices sent. If the land owner did not want to attend the Hearing, tha.s is his business. Mr. Gibbs pointed out that there were condemnations in this area also, so everyone should be we11 aware of all the proceedings. In the City of Fridley an assessment search can be obtained for a minimal cost which would show all the assessments, plus all the pending assessments. MOTION by Councilman Harris to deny the request for an abatement of special assessments on Lot 13, except the east 200' and except the north 30' for road, Auditor's Subda.vision #89 requested by Kutzik and Leavitt. Seconded by Council- man Samuelson. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried. CONSI➢ERATION OF A REQUEST FOR THREE FAMILY OCCUPANCY IN DOUBLE BUNGl1LOW IN R-1 ZONING: (George Balthazor, 1374 Highway 1D0 N.E.) The Assistant City Attorney explained that at one time Mr. Balthazor came in and applied for a special use permit to allow for a two family dwellinq. Since that time, the Building Inspection Department discovered three electrical services going into the house and reported it. It was checked out and found that there were three families residing there, and a summons was a.ssued. He said that it was his position that the Council could not legally grant anything under R-1 zoning under the present Ordinance. � Mr. Balthazor said that this is a double lot, so there is plenty of room. He said that there were two families in the other section, no children. Council- man Liebl asked how this was first Urought �to his attention. Mr. Gibbs re- plied that he believed rt was first reported to the Building Inspection Department be a neighbor, whereupon, the Inspector went out to check. Mr. Balthazor said that they have lived there 18 years, and have had no complaints from neighbors that he knew of. Mayor Kirkham advised Mr. Balthazor that the legal department £or the City has informed the Council that there is nothing legally they could do under the Statutes. He said that Mr. Balthazor's only recourse would be to apply for a rezomng, but he did not want to give him the impression that he would encourage it, and he did not feel, personally, that it would go through. CONSIDERATIDN OF APPROVAL OF EINAL PLAT (P,S. #69-04) EAST RANCH ESTATES FIRST ADDITION, ROBERT A. SCHROER: (Generally located north of Osborne Road and west of University Avenue): MOTION by Councilman Harris to approve the final p1at, East Ranch Estates First Addrtion requested by Robert A. Schroer. Seconded by Councilman Liebl. Upon a roll call vote, Kirkham, Liebl, Harris, Samuelson voting aye, Mayor Kirkham de- clared the motion carried. CONSIDERATION OF APPROVAL�OF FINAL PLAT (P.S. #69-05) EAST RANCH ESTATES SECOND ADDITION, ROBERT A. SCHROER: (Generally located north o£ Osborne Road and ' west of University Avenue) Councilman Harris asked if there had been a petition received for the improve- ment of 79th Avenue. He was told that there had not been. Councilman Liebl said that he would like to see some sort of internal traffic system set before approval of the final plat East Ranch Estates Second Addition. He said that he �. , �„ � REGIILAR COUNCIL MEETING OF MAY 19, 1969 PAGL� 8 would like the property owners north o£ 79th to be noti£ied, and see what their ' plans for the area are. Councilman Harris said that it was pointed out that a petition would be necessary for the improvement of 79th Avenue, before the plat could be approved. Councilman Liebl asked the City Manager to contact the owners of the property north of 79th Avenue to apprise them of the pending Council action, and find out what their intentions are for theix land. MOTION by Councilman Liebl to table the final plat (P.S. #69-OS) East Ranch Estates Second Addition requested by Robert A. Schroer to the next regular Meeting. Seconded by Councilman Samuelson. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried. RECESS: Mayor Kirkham declared a 15 minute recess at 8:55 P.M CONSIDERATION OF APPROVAL OF FINAL PLAT (P.S #69-02) AMBER OAKS� BY DAVID R. HUBERS AND JULIAN JOHNSON: (Generally located south of 61st Avenue between Stinson Boulevard and Ben�amin Street) The City �ngineer said that the Public Hearing has been held and the plat basically meets the City standards, however, there is one point of conflict. There has been some disagreement between the owner of Lot 3 and the developers on how the street grade should be set. He said that he had requested that both the developers and the owner of Lot 3 be present at the Meeting tonight. Mrs. Zander said that she and her husband were the owners of Lot 3, and she has ' been confused about the street grades. It appeared to her that her house would be sitting up too high in relation to the rest of the land. The City Engineer explained that by moving the street, it would be farther from her house, so the slope could be more gradual. The cul-de-sac�as originally planned would have taken more of her land; the present plan wil7, take less. He said that he felt that the developers should be asked to grade back and fix her front yard, while working in the area. He said it may need a retaining wall. He suggested that if they were to put in a garage, that it be a tuck-under type. Mrs. Zander said that she just could not visualize this slope, and'how great it would be. The City Engineer said that the house would be about 70' back from the road, so the slope would be gradual. Mayor Kirkham added for the benefit of Mrs. Zander that it would be comparable to the base of one side of the Council Chambers to the ceiling on the other side, looking east and west. The pitch of the driveway would be less. The City Engineer said that the yard could be sloped, or a retaining wall could be put in, or some terracing work done, depending on what Mrs. Zander wanted. COUNCII�MAN SHERIDAN ARRIVED AT 9 15 P.M. Counoilman Sheridan asked if the additional riqht of way had been acquired. The City Engineer said yes, the only problem left, was the decision on the street grade. Councilman Samuelson suggested askang the legal department to draw up an ' agreement for the Zanders and the developers to sign, and returning it to the City. This would clarify what the City Engineex is tryinq to explain in wx'iting and would give the Zanders a degree of protection and would also spell out 7ust what is expected of the developers. This would be prior to releasing the plat to the developers. , .��`i REGULAR COUNCIL MEETING OF MAY 19� 1969 PAGE 9 ' Mr. Julian Johnson and David R. Hubers wanted to know how long it would take to expedite this. Councilman Samuelson said probably less time than it would take to record the plat. The developers of the plat said that this might turn out that it would be too expensive to develop the land. The City Engineer said that this really would not be too expensive, once they got the bulldozers into the area, this could be accomplished easily. Councilman Liebl commented on the need for residential homes in Fridley, and that he would like to see this plat expedited. He said that he hoped that they will start building homes as soon as the plat is recorded. MOTION by Councilman Samuelson to approve the final plat, Amber Oaks, P.5. #69-02) requested by .7ulian Johnson and David Hubers, sub7ect to getting an agreement signed by them and Mr. and Mrs. Zander for the completion of the slope improve- ment as outlined by the City Engineer. Seconded by Councilman Sheridan. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously. PROPOSED Y.M.0 A. FACILITY Mr. John W. Kessler, General Director of the Young Men's Christian Association of Metropolitan Ma.nneapolis read a letter to the City Council dated May 16, 1969 which stated that the YMCA has selected the West Moore Lake site for a fu11 facility YMCA. This site oontains 6.97 acres owned by the City of Fridley, � .98 of an acre owned by School District #14, and approximately another 2,l3 acre could be obtained if 60th Avenue were to be vacated. Dr. H. Strait added that an ad hoc committee has been meeting for many months and has been broken down into a program committee and a site committee. This would be a full facility to serve all the northern suburbs, and would be a famaly centered "Y". The proposed facility would cost about one and one half million dollars, and this would not include any cost of land acquisition. The present predictions are for about 900,000 cubic feet of useable building space. This facility includes rooms that could be used by other organizations. Dr. Rufus Putnam, Chairman of the General Board of the YMCA added that the site was selected last week, if the land could be made available. Council- man Sheridan asked if this proposal has been made to School District �r14. Dr. Strait said not as yet. He said they wanted to talk to the City Council first. He explained that there was an alternate plan, in case the land could not be acquired from School District #14 for gaining the same amount of acreage through reclamation of some of the shoreline of Moore Lake. He said that they have talked to the school unofficially and they have indicated that they have no plans for the land, but no official approach has been made. Councilman Samuelson said that it had been added to the School Board's Agenda. Councilman ShEridan said that he was not sure the Council had a right to con- sider this proposal, as this property came into the City's hands in a different way. All the property £rom 59th Avenue to 63rd Avenue was all tax title between the City and the School District. This particular piece of property � was originally school property for which the City made a trade to obtain. FIe said that this was a very attractive proposal, but the legal staff would have to look into the legality of the sale. Councilman Samuelson said that this is one of the most outstanding thinqs that has happened to the City of Fridley for many years. He said that he would welcome this facility with open arms and will certainly work wrth them to do everything possible to bring it about. ;li±'� >> :.�A�'� REGULAR COUNCIL M�ETING OF MAY 19� 1969 PAGE 10 Mr. Gibbs said that he and the City Attorney looked into this, and it is their ' understanding that the City can legally sell this property for $1.00 and other good and valuable considerations under the Charter. He suggested that the Crty keep a reverter clause on the land in the event the YMCA should build the facility, then abandon it for some reason. Then it would revert back to the Crty of Fridley. He asked if their plans ca11 for the entire site. He was told that they did. Councilman Harris felt that this was a wonderful proposal, and another step forward for Fridley in providing recreational facilities, and that he would concur wrth Councilman Samuelson completely. Mr. Richard Harris, 6200 Riverview Terrace, asked if there were beach facilities there now. Mayor Kirkham told him no. Mr. Harris pointed out that to reclaim any of the shoreline, they would need permission from the Conservation Depart- ment. Mr. Gibbs said that this is true, however, he felt that this would be 7ust a matter of asking for permission. Mayor Kirkham commented that he would certainly like to see this proposal moved forward. Councilman Sheridan added that this would be the City's opportunity to beautify the west side of Moore Lake. Councilman Harris asked how the YMCA would like the Council to show their acceptance. Dr. Putnam said that the Executive Committee has full power to take action, and it will come before them May 28, 1969. Councilman Samuelson asked if a letter of concurrence would help for the meeting of the 28th. Dr. Putnam said that it would be helpful � Mr. Gibbs pointed out that the transfer of property would have to be done by Ordinance. He asked if the reverter clause would pose any problems. Dr. Strait said it would not. MOTION by Councilman Harris to direct the Administration to prepare a letter of consent to be sent to the YMCA, and also to direct the City Attorney to prepare an Ordinance for the transfer of property. Seconded by Councilman Samuelson. MOTION AMENDED by Councilman Sheridan to split these two orders, if it was agreeable with Councilman Harris. Councilman Harris asked what was his purpose. Councilman Sheridan said that there are some legal questions he would like to have answered before con- szderation of an Ordinance. Councilman Harris agreed wrth the Amendment. THE MOTION TO AML'N➢ was seconded by Councilman Liebl. Upon a voice vote, all voting aye, Hayor Kirkham declared the motion carried unanimously THE VOTE UPON THE MOTION by Councilman Harr15 to direct the Administration to prepare a letter of consent to be sent to the YMCA, being a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously. MOTION by Councilman Harris to receive the communication read by Mr. John � Kessler, dated May 16, 1969 that was read at the beginning of the discussion. Seconded by Councilman Samuelson. Upon a voice vote, all voting aye, Alayor Kirkham declared the motion carried unanimously. Councilman Sheridan asked if the City would have to go through a Public Hearing for the vacation of the land. The Assistant City Attorney said no. Councilman � REGULAR COUNCIL MEETING OF MAY 19, 1969 PAGE 11 Sheridan said that it would seem that as these are public lands, the City would have to go through the same channels as for the vacation of a street. P7r. Gibbs said that it would not be illegal to hold Public Hearings, but they would not be required by Charter, Councilman Samuelson asked if the street vacation would have to be by Public Hearing. Mr. Gibbs said that he was only speaking of the 6.97 acres. If 60th Avenue were vacated, this would have to go through the regular vacatlon procedure. Councilman Sheridan said that this might be a way to put some emphasis on the YMCA facility, by holding Public Hearings. Councilman Liebl said that he noticed that there was a member of the Parks and Recreation Conmission present, and asked if they were aware of this. Mr. �d Frtzpatrick said that the Commission �ust became aware of this last Priday. He said that the Commission has not had a meeting yet to discuss this, Uut the first impression gained from talking with the other members is that they were enthusiastic. Mr. Gibbs said that if the Council desired, before the week is over, a memo- randum could be sent to the Administration relative to the legality of selling the property, so the City would have something in writing. He added that he could see Councilman Sheridan's point in holding Public Hearings to make the people aware and that this might get things moving faster. Councilman Samuelson said that if a letter of a.ntent is satisfactory for the YMCA, the Oxdinance would not be necessary at this time, and could Ue prepared � after the Public Hearings. Councilman Sheridan pointed out that the Parks and Recreation Commission would want to meet and discuss this, and they may have some questions of the YMCA about the �oint use of the facilities• I3e would prefer to have no action on an Ordinance before the Commission has a chance to look at this propasal, since a letter of intent will serve the same purpose. Councilman Samuelson commented that then in the meantime the YMCA can get started with their fund drive committees ete., and the Administration can keep things moving at this end. L ..l FIRST READING OF AN ORDINANCE TO AMEND THE CITY CODE OF TH� CITY OF FRIDLEY, MINNESOTA BY MAKING A CHANGE IN ZONING DISTRICTS: (S E. corner of 79th Way and East River Road, requested by N. Craig Sohnson. To rezone from C-2S and M-1 to R-3A) The City Engineer said that the Public Hearing was held April 7, 1969. The area is presently zoned in three different districts. He said that they sho�ed an overall plan previously, but understood that there are some additional plans available now. Mr. Johnson came forward with the plans and said that the turn off, off of East River Road has been eliminated because of the traffic problems existing on East River Road and the only access in and out will be on 79th Way, with an internal traffic pattern within the complex. He showed a rendering of one of the buildings, and said that the three bedroom units have been eliminated and there will only be one and two bedroom apartments. Councilman Harris said that the buildings will be facing a center court yard, so how far back from the road are the buildings. Mr. Johnson saa.d that they were about 150', there would be no buildings on the R-3 area. This will 7ust be used for turn-arounds etc. He said that they were planning on a berm along the north side with mixed plantings on a.t, the height to be about 4' to 6'. Mayor Kirkham commented that this would screen the cars quite nicely. Mr. Johnson said that they were also r q A }� � t % 3 F� �� �i L� e,, L� REGULAR COUNCIL MEETING OF MAY 19, 1969 PAGE 12 planning to shield the area along the railroad traoks, along East River Road ' and south of the property between them and Barry Blower with plantings. He showed on the plans where the garages were to be located and said that there were 441 parking places required by City Code and they are providing 506. Councilman Harris asked if the garage rent would be included with the apartment rent. i1r. Johnson said that he did not know. Councilman Harris said that on occasion in the past there has been trouble if the rent was charged separate from the rent for the unit. The garage would sit empty and the car would be using up the parking space that is provided for visitors, or in the street. Mr. Johnson said that it is anticipated that they will draw people who have one or two cars or a boat, so they would need the garage. Councilman Haxris said that with a pro7ect of this nature, he would like to see the charge for the apartment linked with the charge for the garage, so that the rent wouZd actually cover both. Mrs. E.L. Pett, 176 Longfellow Street N.E. said that if the access is closed off from East River Road, this will mean that all the traffic wi11 be on 79th Way and there is already a problem with speeders. Councilman Samuelson pointed out that there is a signal scheduled for 1970 for 79th Way and East River Road. Mrs. Pett said that there are already so many people trying to get onto East River Road now, and with all these added people the problem will be greatly compounded. Councilman Harris said that it would be easier to get out with a signal. Mrs. Pett said that then maybe people will use Longfellow to go around the light. Councilman Harris said that it has been the City's experience that people would prefer to use a light than to try to get onto a highway without one. ' A member of the audience asked how many acres were involved. Mr. Johnson said about 17 acres and that there would be 294 units. Councilman Harris said that he felt that the development as proposed would be an improvement over an M-1 dis�.rict, whioh could include manufacturing plants. This would mean heavy semi trucks would be using 79th Way, which would be worse. This plan would reduce the area to residential, and he felt that the developer has tried to come up with a good plan. He explained that obviously this land will not lay vacant, and that something eventually would be built there. With the present zoninq, there could be apartment units along 79th Way and an industrial building 7ust south of there. MOTION by Councilman Harris to approve the Ordinance on first reading and waive the reading, also to request the Administration to take a careful look at the traffic going out onto 79th Way so that people facing 79th Way wi11 be able to get out. Seconded by Councilman Sheridan. MOTION AMENDED by Councilman Sheridan with agreement of Councilman Harris to add Lots 1 through 6, Block 2, Pearson's First Addition also be rezoned from R-3 to R-3A on the second reading. The motion was seconded and upon a voice vote, I:.irkham, Harris, Sheridan and Samuelson voting aye, Liebl voting nay, Mayor Kirkham declared the motion carried. THE VOTE UPON THE MOTSON, being a roll call vote, Harris, Sheridan, Kirkham, , and Samuelson voting aye, Liebl voting nay, Mayor Kirkham declared the motzon carried. Mr Charles Floer, 161 79th Way, asked if this was now law. Mayor Kirkham told him that this was the first reading of the Ordinance, that there is a , , �, REGULAR COUNCIL MEETING OF MAY 19, 1969 PAGE 13 � second reading required, then publication, and 15 days after publication, it becomes law. Mr. Floer stated that there is a conflict of interest and he intended to get a lawyer. RECEIVING THE MINUTES OF THE PARKS AND RECREATION COMMISSION MEETING OF MAY 6, 1969: MOTION by Councilman Harris to receive the Minutes of the Parks and Recreation Commission Meeting of May 6, 1969. Seconded by Councilman Sheridan. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously. RECEIVING THE MINUTES OF THE BOARD OF APPEALS MEETING OF MAY 7. 1969 MOTION by Councilman Sheridan to receive the Minutes of the Board of Appeals Meeting of May 7, 1969. Seconded by Councilman FIarris. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously. RECEIVING THE MINUTES OF THE PLANNING COMMISSION MEETING OF MAY l, 1969• MOTION by CounCilman Harris to receive the Minutes of the Planning Commission Meeting of May 1, 1969_ Seconded by Councilman Sheridan. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously. RECEIVING THE MINUTES OF THE PLANNING COMMISSION MEETING OF MAY 8, 1969: � l. PROPOSED PRELIMINARY PLAT P.S #69-06, VEIT'S ADDITION, LONDA �NGLUND That part of Lot 15, Revised Auditor's Subdivision #23 lyinq Westerly of Westerly right of way line of Riverview Terrace as now laid out and traveled and as described in Book 702 of Deeds, Page 197. MOTION by CounCilman Harris to set the Public Hearing for the Final Plat P.S. #69-06, Veit's Addition as requested by Londa Englund for June 9, 1969. Seconded by Councilman Sheridan. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously. 2. LOT SPLIT REQUEST: L.S. #69-12, NORBERT S. LIESEN: Lots 27 through 29, Block 4, Oak Grove Addition. The City Engineer explained that this request is so that he can make two buildable sites of 60' each. He pointed out that there is a 40' corner lot owned by Mr. Dumphy wha.ch he understood Mr. Liesen tried to purchase, but he felt that Mr. Dumphy was asking an unreasonable price By granting this 1ot split, there will be a 40' lot that nothing can be done with. Councilman Sheridan asked if the corner lot had a building on it.� Mr. Liesen said there was one, but it has been removed. Councilman Harris asked if the corner lot is maintained at all. Mr. Liesen said no. He said that his house is on Lot 29. Councilman Harris asked what the depth was. The City Engineer said 128'. Councilman Samuelson asked if these lots would meet the ma.nimum standards. The City Engineer did some figuring and said that they do not, however, the other � lots in the area are the same. If he could get the corner 1ot, he would meet the land requirements. Councilman Harris pointed out that the 40' lot will not do Mr. Dumphy any good, he cannot build on it. - � �� ,� �.ar , __ REGULAR COUNCIL PIEETING OF MAY 19, 1969 PAGE 14 MOTION by Councilman Harris to approve the Lot Split Request L.S. #69-12 by ' Norbert J. Liesen for Lots 27 through 29, Block 4, Oak Grove Addition. Seconded by Councilman Samuelson. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimsoulsy. 3. LOT SPLIT REQUEST: L.S. #69-13, GEORGE L. WALQUIST West 150 feet of Lot 18, Block 1, Spring Va11ey Addition Councilman Harris asked if this was a rear-front split. The City Engineer said yes, and added that the City will need some easements £rom hun. Council- man Sheridan asked if this was not the same type of split he requested behind the mortuary. The City Engineer said no, because there is access in the back of this lot. There is a 16' dedicated alley along the back of the lot so the City will need some additional right of way for a future road. He explained that the split is between the two zoning categories. The back portion is zoned residential. These lots are 300 feet deep so they will not be double frontage lots, they are plenty big enough to split. MOTION by Councilman Sheridan to grant the Lot Split L.S. #69-13 reque5ted by George L. Walquist on the west 150' of Lot 18, Block 1, Spring Valley Addition, sub�ect to his dedicating the easterly 34' for the purpose of a road in the future. Seconded by Councilman Harris. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously. MOTION by Councilman Harris to receive the Minutes of the Planning Commission , Meeting of May 8, 1969. Seconded by Councilman Sheridan. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously. RECEIVING THE MINUTES OE THE FRIDLEY INDUSTRIAL DEVELOPMENT COM612SSION MEETING OF APRIL 4. 1969 MOTION by Councilman Harris to receive the Minutes of the Fridley Industrial Development Commission Meeting of April 4, 1969. Seconded by Councilman Sheridan. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously ORDINANCE #420 - AN EMERGENCY ORDINANCE AUTHORIZING THE PURCHASE OE A POLICE SQUAD CAR: The City Manager explained that the Police Department advertised for bids, but received none. FIe said that it seems the manufacturers have stopped making the special cars sooner than anticipated. He explained that they would be going to several dealers to get quotations on cars that would meet the specifications as closely as possible. MOTiON by Councilman Harris to adopt Emergency Ordinance #420 on first reading, waive the reading and order publication. Seconded by Councilman Sheridan. Upon a roll ca11 vote, Sheridan, Kirkham, Liebl, and Harris voting aye, Mayor Kirkham declared the motion carried. RECEIVING TI3E ANNUAL POLIC� AUCTION REPORT• MOTION by Councilman Liebl to receive the annual Police auction report, the auction being held May 10, 1969. Seconded by Councilman Harris. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously. � 6� ' , � i '-� Rsrr�,• REGULAR COUNCIL MEETING OF MAY 19, 1969 PAGE 15 ' CONSIDERATION OF REQUEST FOR ADDITIONAL STREET LIGHT FOR CITY GARAGE YARD MOTION by Councilman Harris to approve the additional light for the City Garage yard. Seconded by Councilman Sheridan. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously. Councilman Harris said that he noticed a very dark corner as he was going west on 73rd Avenue. It is the intersection of 73rd Avenue and the University Avenue East Service Road. He asked that this intersection be added to the list of street light requests. The Crty Engineer said that he has a list of other requests that possibly should be considered at the next Meeting. CONSIDERATION OF PAVING OF MISSISSIPPI WAY WEST OF EAST RIVER ROAD The City Engineer explained that the County still claims that an underpass for the raa.lroad tracks on Mississippi Street is not warranted. If it is felt that there should be further negotiations, then the question arises whether or not to pave Mississippi Way. If the City should get the underpass the storm sewer would have to be changed, and some of Mississippi Wap would have to be torn up. The businesses on Mississippi Way need their street, however. Councilman Harris felt that there were still areas for future negotiation with the railroad to try to get the underpass. Councilman Sheridan asked if the storm sewer could not go to Locke Lake. The City Engineer said no, there is not ' sufficient depth. The only place for the storm sewer to go would be west of the dam, or to the river. Councilman Sheridan asked the distance of Mississippi Way. The City Engineer said about 600' to 650'. Councilman Sheridan commented that the replacement of the blacktop would not be too expensive then anyhow. Councilman Harris asked how this lines up with the intersection configuration plan, and what is the status of moving the gas station that is in the way. The City Engineer said it is at an smpasse with the County Councilman Harris said that he could not see any reason for spending money, if it would have to be torn up later. As long as there is going to be some work done at this intersection, perhaps now is the time to go ahead and acquire the gas station land, and get the work done all at once. Mayor Kirkham pointed out that the businesses need the street now. The City Engineer said that the County is planning to improve the rest of Ma.ssissippi from 2nd Street to East River Road next year and they will expect the City to acquire the necessary right of way. The question is, should the contractor proceed with any portion of the improvement of Mississippi Way right now. Councilman Samuelson said that he felt that the people should be served there. Councilman Harris asked how much it would cost to put in the pipe. The City Engineer said about $18,000. The City Manager said that the railroad has been saying that the underpass does not seem feasible. The City Engineer said that it would be possible to build, but they feel that the traffic does not warrant one. � Councilman Samuelson said that he felt that the improvement should be made There is so much indecision on the part of the County. He added that there will have to be funding provided in 1970 for the acquisition of 1and. Councilman Sheridan asked how much the east-west portion of Mississippi Way would cost. The City Engineer said about $12,000. If the Council feels that .;; 1 �; REGULA.R COUNCIL MEETING OF MAY 19, 1969 PAGE 16 there is a possibility of getting the underpass, a temporary mat with a rolled , berm could be placed on the road, and this would cut the cost about in half. D'layor Kirkham said that he felt that this was the thing to do. Councilman Sheridan asked if the south side of Mississippi Way was not the back of the lots. The City Engineer said yes. MOTION by Councilman Samuelson to put in the temporary improvement on Mississippi Way with a rolled berm, with the permanent improvement to wait. Seconded by Councilman Harris. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously. INTEGRATED MECHANICAL SYSTEMS, INC., EUGEN� VOSIKA. Mr. Eugene Vosika of Integrated Mechanical Systems, Inc., said that he had committed himself to moving into a portion of Moon Plaza. He said that they planned on office space on the upper level and manufacturing on the lower level. He said that they handle solid state components which are very small parts. He said that he was told that this would be perfectly all right, but now finds that this is a commercial area and he plans on manufacturing. He asked if there was any chance that he could get into this building as he must move by June l, 1969, and had no place to go. Councilman Harris said that the zoning is wrong, but the greatest consideration and concern to him is the construction of Moon Plaza. The Fire Department feels that this building would burn very quickly if it ever caught on fire. ' The Fire Underwriters have instructed the Fridley Firemen that they are not to enter the building if it is on fire under any circumstances. He said that other than the zoning, the ma�or consideration is the health and safety of Mr. Vosika and his employees. He said that he did not feel that the Council could allow a business to go into any building that the Firemen are not allowed to protect. He pointed out that he might find himself in a very difficult situation if there was a fire and one of his employees was hurt. The City Manager pointed out that they did install a sprinkler system. Council- man Harris said that this did reduce their fire insurance somewhat, but the Pire Department does not feel the protection adequate. Mr. Vosika said that he was told that he could move in there with no problems. He said that he was unaware of any of this. Councilman Harris suggested that he take another look at his lease, and that it could be broken on this basis. Mr. Vosika said thank you to the Council for their concern for him and that he would like to settle in Pridley, as it is a nice town and centrally located. He asked if there was anything else available. Councilman Harris suggested that he contact the Fridley Industrial Development Commission to see if there was anything he could use. Mr. Vosika then gave the City Manager his name and telephone number. D10TION by Councilman Harris to deny the special use permit requested by Mr Eugene Vosika of Integrated Mechanical Systems, Inc. to allow a manufacturing plant in Moon Plaza. Seconded by Councilman Samuelson. Upon a voice vote, , all voting aye, Mayor Kirkham declared the motion carried unanimously. CONSIDERATION OF CHANGE ORDER #1 - SW & SS PROJECT #90 MDTION by Councilman Harris to approve of Change Order #1 for Sewer, Water and Storm Sewer Pro7ect #90. Seconded by Councilman Samuelson. Upon a voice vote, ai,- - , J REGULAR COUNCIL MDETING OE MAY 19, 1969 PAGE 17 �� Samuelson, Kirkham, Liebl, and Harris voting aye, Sheridan abstaining. Mayor Kirkham declared ths motion carried. RESOLUTION #78-1969 - RE50LUTION APPROVING A TRAFFIC SIGNAL MAZNTENANCE AGREE- MENT BETWEEN MINNESOTA HIGHWAY DEPARTMENT AND THE CITY OF FRIDLEY: MOTION by Councilman Sheridan to adopt Resolution ,�78-1969. Seconded by Councilman Liebl. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously RESOLUTION #79-1969 - RESOLUTION ORDERING IMPROVEMENT AND FINAL PLANS AND SPECIFICATIONS AND ESTIMATES OF COSTS THEREOF: WATER AND SANITARY SEWER PROJECT #93: MOTION by Councilman Samuelson to adopt Resolution #79-1969. Seconded Uy Councilman Harris. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously. RESOLUTION #80-1969 - RESOLUTION RECEIVING THE PRELIMINARY REPORT AND CALLING A PUBLIC HEARING ON THE MATTER OF THE CONSTRUCTION OF CERTAIN IMPROVEMENTS: STREET IMPROVEMENT PROJECT ST. 1969-3, ADDENDUM '�1 � MOTION by Councilman Harris to adopt Resolution #80-1969. Seconded by Council- man Liebl. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously. RESOLUTION #81-1969 - RESOLUTION REQUESTING THE COUNTY TO WITHHOLD LOT 28 BLOCK A, RNERVIEW HEIGHTS ADDITION FROM PUBLIC SALP�: The City Engineer explained that a portion of Ruth Street is already on this lot. MOTION by Counci]man Liebl to adopt Resolution #81-1969. Seconded by Council- man Sheridan. Upon a voice vote, all voting aye, Mayor Ka.rkham declared the motion carried unanimously. CONSIDERATION OF A RESOLUTION MAKING A TRANSFER FROM THE PUBLIC UTILITY FUND TO W-75 WATERWORKS IMPROVEMENT BOND FUND, IMPROVEMENT BONDS OF 1960 FUND, IMPROVEMENT BOND5 OF 1963 FUND, IMPROVEMENT BONDS OF 1967 FUND� AND REFUNDING BOND FUND: Councilman Harris asked if it was necessary to pass this Resolution at this time. The Finance Director said no. Councilman Harris said that in that case, he would prefer waiting until the Fiscal Disparity Bill is settled. MOTION by Councilman Harris to table this Resolution until the Meeting of July 7, 1969. Seconded by Councilman Samuelson. Upon a voice vote, all � voting aye, Mayor Kirkham declared the motion carried unanimously. RESOLUTION k82-1969 - RESOLUTION CERTIFYING CHARGES TO THE COONTY AUDITOR TO BE LEVIED AGAINST CERTAIN PROPERTIES FOR COLLECTION WITH THE TAXES PAYABLE IN 1970: iy n r ti: REGULAR COUNCIL MEETING OF MAY 19� 1969 PAGE 22 MOTION by Councilman Sheridan to approve payment of the estimates. Seconded � by Councilman PIarris. Upon a voice vote, al1 voting aye, Mayor Kirkham declared the motion carried unanimously. Councilman Sheridan asked Mr. Gibbs what the court case was that is included with the estimates from Weaver, Talle, and Herrick. Mr. Gibbs replied that it actually is a clain, but rt arrived too late, so it went in under the estimates. CONSIDERATION OF THE PROPOS�D NEW ZONING ORDINANCE- Councilman Harris said that he had many questions relative to this proposed Ordinance, and would suggest a workshop meeting. �layor Kirkham said that he would call a convened Meeting for May 26, 1969 but that there would be no official action taken. The items for consideration would be Discussion of Insurance Specifications, Discussion Regarding North Suburban Sanitary Sewer District, Discussion Regarding the new Zoning Ordinance, and Discussion Regarding the Personnel Manual. Mayor Kirkham asked that the City P4anager send out reminder notices. CONSIDERATION OF S�TTING A PUBLIC HL'ARING FOR ALLEY VACATION IN BLOCK 8 ONAWAY ADDITION REQUL.STL'D SY MR HAROLD W. HARRIS (SAV #67-04) MOTION by Councilman Samuelson to set the Public Hearing for the vacation of two alleys in Block 8, Onaway Addition for June 9, 1969 requested by Harold � W. Harris, SAV #67-04 Seconded by Councilman Harris. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanunously. COMPIUNICATIONS : A. INDEPENDENT SCHOOL DISTRICT #14: THANK YOU MOTION by Councilman Liebl to receive the communication from Independent School District #14 dated May 5, 1969. Seconded by Councilman Sheridan. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously, Councilman Sheridan asked that this letter be referred on to the Fire Depart- ment. B. MRS. JAMES CLINTON REOUEST FOR DRAINFIELD EOR CESSPOOL Councilman Samuelson reported that he had talked to her many times and had advised her that permission was not possible, but if she wanted to, she could still present her case be£ore the Council. He said that the plumbing did need revamping. He explained that Mr. Clinton was a carpenter, and that they had bought many things, then he got laid off and they were in financial trouble. MOTION by Councilman FIarris to deny the request of Mrs. James Clinton, 532 Sanesville Street N.E. for a drainfield for a cesspool and direct the Adminis- � tration to send her a letter notifying her of the Council action. Seconded by Councilman Sheridan. Upon a voice vote, all voting aye, Mayor Kirkk�am declared the motion carried uanzmously. REGULAR COUNCIL MEETING OF MAY 19, 1969 PAGE 23 � C. SHOMAS iNARXEN R�QUESTING EXTENSION OF TIME FOR RECORDING THL; PLAT FOP. MARXEN TERRZICE The City Engineer reported that the Planning Commission is studying the possibility of rezoning a strip of land along 73rd Avenue and Mr. Marxen would like to delay the filing of his plat until he sees what the outcome of the study is. MOTION by Councilman Liebl to receive the communication from Mr. Thomas Marxen dated May 15, 1969 and grant an extension of time in recording his plat Seconded by Councilman Sheridan. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously. D. MINNESOTA HIGHWAY DEPARTMENT: REQUEST TO PUT SIGNAL COPdDUIT IN 69TH AVENU� CROSSOVER The City Engineer explained that he felt that this may be a qood time to 1ay the signal conduit as the intersection will be torn up anyhow, even though they do not plan to put in signals for some timc. He said that the additional cost would be about $12,000 with $600 to be borne by the City and $600 by the State. MOTION by Councilman Sheridan to receive the communication from the State oi Minnesota Highway Department dated May 13, 1969 and authorize entering into � an agreement for the laying of the signal conduit in the 69th Avenue and T.fi_ #47 crossover, (Cooperative Construction Agreement �56088). Seconded by Councilman Harris. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously. E. WAYNE SIMONEAU: REOUEST TO FENCE IN CITY RIGHT OF WAY Mr. and Mrs. Wayne Simoneau, 465 57th Place N.E. would lilce to fence in the land adjacent to their property and maintain it. Councilman Samuelson said that this would be fine, so long as they understand that the fence will have to come down if the City should ever request it MOTION by Councilman Liebl to receive the communication from Mr. & Mrs. Wayne Simoneau, 465 57th P1ace N.�. and grant permission to fence in and maintain tY,e Crty property ad7oining their property with the understanding that should the City ever request that the fence be removed, it must be taken down Seconded by Councilman Samuelson. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unaninously. F. NAEGELE OUTDOOR ADVERTISING CO. SOOKLET ON UNVEILING THE W�LCOME TO FRSDLEY SIGN Mayor Kirkham read the letter addressed to him aloud Prom the Naegele Outdoor Sign Company and passed the booklet around for the rest of the Council to see. It contained many pictures of the unveiling of the Welcome to Fridley � sign. MOTION by Councilman Harris to receive the communication and booklet from Naegele Outdoor Advertising Company Seconded by Councilman Lieb1. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously. - �-, t�14 �� � ry � iJ�+� REGULAR COUNCIL M�ETING OF MAY 19, 1969 PAGE 24 Councilman fIarris suggested that the booklet be placed in the showcase for a time for others to see. PAUL BROWN - PARKS AND RECREATION DIR�CTOR - REQUEST FOR VACATION TIME IN 1970 TO CONDUCT SOFTBALL CLINICS IN EOROPE: The City Manager explained that Paul Brown, Parks and Recreation Director, has been asked to conduct softball clinics in Europe from March 31 to April 13, 1970 by the Amateur Softball Association, and is requesting vacation time off for this purpose. This is a State Department Tour and will in no way be a cost to the Crty of Fridley. MOTION by Counca.lman Sheridan to approve the request made by Paul Brown, Parks and Recreation Dir�ctor in his memorandum dated May 8, 1969. Seconded by Councilman Liebl. Upon a voice vote, a11 voting aye, Mayor Kirkham declared the motion carried unanimously. WEED MOWING CEIA.RGE COMPLAINT - MIKE 0'BANNON Councilman Sheridan said that he had received a call from Mr. Mike O'Bannon, who said that he and a neighbor cut the grass and weeds in a lot, and within a few days the City contractor came out and cut them again and he received a bill for about $100. Councilman Sheridan asked if there had been many com- plaints of this nature against the contractor. The City Manager said that since the program was initiated, there have only been about 10 complaints, and most of these have been resolved. He said that the City has had no trouble with the contractor. Councilman Sheridan asked that this complaint be checked. BERTON CROSS LAW SUIT - 5760 AND 579D 2ND STREET: P4r. Gibbs reported that the 7ury had foixnd that the City of Fridley had im- proved the lot by removing the building, and that at one time I�Zr. Cross had given permission to have the building removed. He had sued the City for $5,000 and lost AD�70URNMENT• _MOTION by Councilman Harris to ad�ourn the Meeting. The motion was seconded by Councilman Samuelson. There being no further business, Mayor Kirkham declared the Regular Council Meeting of May 19, 1969 adjourned at 11 40 P.M. Respectfully submitted, `=� �%� ', %rG�✓��,2�`✓ Juel Mercer Secretary to the Crty Council i / � �� C"�� �� �'- ���'C� �� � �1..� � <Jack O. Kirkham (\� i�tayor r ' '