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07/21/1969 - 00019347� 1 / w {�J I THE MINUTES OF THE REGULAR COUNCIL MEETING OF JULY 21� 1969 Mayor Kirkham called the Regular Council Meeting of July 21, 1969 to order at 7:35 P.M. PLEDGE OF ALLEGIANCE: Mayor Kirkham lead the Council and the audience in saying the Pledge of Allegiance to the Flag. ROLL CALL MEMBERS PRESENT: Liebl, Samuelson, Sheridan, Kirkham� Aarris MEPIBERS ABSENT: None Mayor Kirkham asked that Councilman Harris be excused from the Council Meeting to attend the Meeting on 5plit Liquor, and he will re�oin the Council Meeting when the Split Liquor Committee Meeting adjourns. (Council- man Harris re�oined the Council Meeting at 9:45 P.M.) PRESENTATION OF AWARDS Certificates of Achievement: Police Department Pistol Team Sergeant Robert Cook Officer Thomas Kennedy Officer Kenneth Wilkinson Officer Dallas Nelson Mayor Kirkham explained that these Certificates of Achievement are for the Fridley Pistol Team whick took second place in the State Meet, They were beaten out only by the State Conservation Department. He read a Certificate o£ Achievement and the Council congratulated the four Policemen on their ability as marksmen. Certificate of Appreciationa Waldo W. Hoffman, Police Commission Mayor Kirkham read the Certificate of Appreciation and presented it to Mr. Waldo W. Hoffman with the Council's thank you for his service on the Fridley Police Civil Service Commission. Pedestrian Safety Citation to the City of Fridley Mayor Kirkham read the Citation which congratulated the City of Fridley on not having any pedestrian deaths in the year 1967, and received it on behal£ o£ all the citizens of the City of Fridley. � APPROVAL OF MINi1TES OF THE BOARD OF EQUALIZATION MEETING OF JULY 2, 1969: MOTION by Councilman Sheridan to adopt the Minutes of the Board of Equali- zation Meeting of July 2, 1969. Seconded by Councilman Liebl. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried. r� � �_� f� REGULAR COUNCIL MEETING OF JULY 21, 1969 APPROVAL OF MINUTES OF TI-IE REGULAR COUNCIL MEETING OF JULY 7, 1969: PAGE 2 MOTION by Councilman Liebl to adopt the Minutes of the Regular Council Meeting of Suly 7, 1969. Seconded by Councilman Sheridan. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried. APPROVAL OF MINUTES OF TFIE SPECIAL PUBLIC HEARING AND WORKSHOP MEETING OF JULY 14, 1969• MOTION by Councilman Samuelson to adopt the Minutes of the Special Public Hearing and Workshop Meeting of July 14, 1969. Seconded by Councilman Liebl. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried. ADOPTION OF AGENDA MOTION by Councilman Sheridan to adopt the Agenda, but he would like to ask that certain items Councilman Harris should be present for, be laid over until he arrives from the other Meeting. Seconded by Councilman Samuelson. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried. VISITORS: Mayor Kirkham explained the Council policy of allowing 15 minutes for the audience to speak on non-agenda type items, and asked if there was anyone present who would wish to speak. A resident from the Target area asked what has been done since the last Meeting when a formal complaint was issued against the Target Store of Fridley for using their incinerator. The Crty Manager replied that a letter was received from the Target General Office, stating that they will cease burning and initiate other means of disposing of their trash. The City Manager said that it would probably take about two weeks to go into another type of operation. The resident then asked about the pile of food being thrown out the back door. There is a pile about 6' high and about 30' - 40' wide. Is this going to be allowed? The City Manager reported that the Health Sanitarian has already notified Target of this, but it will take a little time for them to get their baling operation in. Mrs. Eaye Ehlenfeldt, 5880 Stinson Boulevard said that their well is goinq dry and she understood that a water line has been ordered ih, and would like to have it as soon as possible. She then presented a petition. PETITION ,�28-1969 - PETITION FOR WATER LINE FOR THE WEST SIDE OF STINSON BOUL�VARD FROM GARDENA AVENUE SOUTH: The Crty Engineer said that the Public Hearing has already been held for the improvement, and has been ordered in. The City is working with New Brighton for cost participation in the street portion of the xmprovement pro7ect. He said that it is hoped to let the water and sewer contract late this fall. Councilman Sheridan asked how much distance was involved. The City Engineer said about 600' and that it was south of Gardena Avenue. Councilman Sheridan asked if it could be added onto ar�ther pro�ect. The City Engineer said that Pro�ect #90 is with Great Northern Railway, and they wanted to leave it as a separate oontract. Councilman Sheridan explained ' � ' 11_ � .,' REGULAR COUNCIL MEETING OF JULY 21, 1969 PAGE 3 , that the bid would be let late, so that possibly better bid prices could be obtained. Mayor Kirkham asked when she could expect to get the water and sewer facility. The City Enga.neer said before the heavy snow. The contract could be let now, but the prices would be higher. MOTION by Councilman Liebl to receive Petition �28-1969. Seconded by Councilman Samuelson. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried. RATIFICATION OF ORDINANCE #426 - AN EMERGENCY ORDINANCE FOR THE MODIFICATION OF AND REPAIR OF SEWERS: (Riverview Heights Addition) MOTIOCd by Councilman Sheridan to ratify Emergency Ordinance #426 in the amended form. Seconded by Councilman Samuelson. Upon a roll ca11 vote, Samuelson, Sheridan, Kirkham and LieUl voting aye, Mayor Kirkham declared the motion carried. ORDINANCE #427 - AN ORDINANCE AMENDING SECTION 70.01 OF THL� CITY CODE: MOTION by Councilman Liebl to adopt Ordinance �427, waive the reading and order publication. Seconded by Councilman Samuelson. Upon a roll ca11 vote, Liebl, Samuelson, Sheridan and Kirkham voting aye, Mayor Kirkham declared the motion carried. � ORDINANCE #428 - AN ORDINANCE AMENDING SECTION 71.01 OF THE CITY CODE: MOTION by Councilman Sheridan to adopt Ordinance #428, waive the reading and order publication. Seconded by Councilman Liebl. Upon a roll call vote, Samuelson, Sheridan, Kirkham and Liebl voting aye, Mayor Ka.rkham declared the motion carried. ORDINANCE #429 - AN ORDINANCE AMENDING SECTION 72 Ol OE THE CITY CODE MOTION by Councilman Liebl to adopt Ordinance #429, waive the reading and order publication. Seconded by Councilman Samuelson. Upon a roll call vote, Kirkham, Liebl, Samuelson, and Sheridan voting aye, Mayor Kirkham declared the motion carried. ORDINANCE #430 - AN ORL72NANCE AMENDING SECTION 99.D11 OF THE CITY CODE: MOTION by Councilman Lieb1 to adopt Ordinance #430, waive the reading and order publication. Seconded by Councilman Samuelson. Upon a roll call vote, Kirkham, Liebl, Samuelson and Sheridan voting aye, Mayor Kirkham declared the motion carried. OF RESOLUTION #108-1969 - RESOLUTION CONCERNING THE NEED FOR BONDS FROM FEDERAL INCOME TAXATION: July 7, 1969) � MOTION by Councilman Samuelson to ratify Resolution #108-1969. Seconded by Councilman Sheridan. Upon a voice vote, al1 voting aye, Mayor Kirkham declared the motion carried. � -�� � � REGULAR COUNCIL MEETING OF JULY 21, 1969 PAGE 4 RtiQUEST FOR RENEWAL OF BUILDING PERMIT, 5920 ANNA AVENOE ( DAVID CAROLL): Councilman La.ebl pointed out that a11 the information is in the Council Agenda, and that it was granted once before and said that he would have no ob7ection to the issuance o£ the permit. The City Engineer said that the permit was approved in August of 1968. A building permit expires in 90 days. The applicant plans to build the building, then sell it. He said that he would recommend approval with the same stipulations, This would be 7ust south of the present apartment buildings facing Anna Avenue. MOTION by Councilman Liebl to approve the building permit request for 5920 Anna Avenue sub7ect to the same stipulations placed on them by the Board of Appeals and the Building Board and the Council last year. Seconded by Councilman Samuelson. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried. CONSIDERATION OF AN ORDINANCE FOR REZONING REQUEST (ZOA #69-02) Hy GEORGE NELSON (Generally located on the south side of Onondaga Street and west of Lakeside Road) Mr. George Nelson Jr. was present and explained that this is for Lot 30 and the north i of Lot 31. There is 125' on Onondaga Street left for R-1 as a buffer. The area was shown on the screen for olari�ication. He said that he has agreed with the Planning Commission to leave a 25' easement to the middle line of the lots, if the rezoning is approved. This is in case they would want to put a road throu�in the future. Council- man Sheridan asked if the property to the south is Onan's. The City Engineer said yes, and there is also a strip of land already zoned R-3 along 73rd Avenue. If this rezoning is approved there would be a need for some right of way for access on the west side. Councilman Sheridan asked Mr. Nelson if the building would be located on this parcel of ground, or would it be used for parking etc. Mr. Nelson said that he did not know as yet. He said that there would probably only be one building "L" shaped facing Onan's. Councilman Liebl said that Mr. Nelson's father indicated that there would be R-1 on Onondaga Street and the building would be faced toward 73rd Avenue. He asked a.f he felt that he would be providing an adequate buffer. Mr. Nelson said that there have been no plans drawn as yet. Mr. Dennis Herbst, 1482 Onondaga Street, owner of Lot 28 said that he did not want a 3 story apartsnent building right behind his house. Mr. Nelson said that he believed that it would be 2i stora.es. Councilman Samuelson asked Mr. Nelson if he understood that the rezoning would not go through unless plans and specifications are presented. The first readinq could be held, but the second reading would have to be held up until receipt of these plans and specifications. Mr. Nelson said that he understood this. Councilman Sheridan asked how many units the present zoning could support. Mr. Nelson said about 40 and with the proposed rezoning, it would be 76. MOTION by Councilman Samuelson to deny the request to rezone by George Nelson. Seconded by Councilman Liebl for discussion. Councilman Lieb1 said that the south side is already zoned R-3, and further south there is Onan's. The City needs some area that would give some pro- tection to the people on Onondaga Street He has said he will build R-1 ' ' ' 1 � iI REGULAR COUNCIL MEETING OF JULY 21, 1969 PAGE 5 � homes in the area fronting on Onondaga Street. Councilman Sheridan asked if Councilman Liebl is suggesting that there be building permits taken out for the R-1 portion before the second reading of the Ordinance, for added protection to the people on Onondaga Street. Councilman Liebl said that i5 correct, and that he is afraid that there wi11 not be an adequate bu£fer. THE VOTE UPON THE MOTION, being a ro11 call vote, Samuelson and Kirkham voting aye, Liebl and Sheridan voting nay, Mayor Kirkham declaxed the motion FAILED. Councilman 5heridan asked that further consideration of this request be laid over until Councilman Harris arrives. For clarification of the Minutes, the discussion following Councilman Harris' arrival to the Council Meeting will follow: MOTION by Councilman Samuelson to bring back the item of the rezoning request by George Nelson for reconsideration. The motion was seconded and upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimoulsy. Councilman Harris said that in light of discussions held previously, the fact that he has received telephone calls, and that there is a compre- hensive study to be undertaken by the Planninq Commission on the entire � apartment problem within the City of Fridley, he did not feel that he could act favorably upon this request. MOTION by Councilman Samuelson that based on this discussion, and the proposed study by the Planning Commission which will not be completed until about September 1, 1969, he would MOVE for the denial of the rezoning request by George Nelson. Seconded by Councilman Harris. Councilman Harris pointed out that this denial would not preclude his coming back later, after the completion of the Planning Commission study. Mr. Nelson asked when that would be. Counc�lman Samuelson said that the Planning Commission hopes to have their study done about the lst of September, then it will be studied by the Council during Octaber or November, so he could perhaps re-initiate his action about the first of the year. Council- man Samuelson said that there were some questions in his mind concerning this request, in that there were no plans on what would be going in there, or what if he should sell the land and the City would not have adequate control. He added that he cauld still build on the land now zoned R-3. Mr. Nelson said that he was told that it would be smarter to wait to see if the land could be rezoned, before going ahead and spending any money on plans. The land as it is now is virtually useless because of the heavy assessments. Councilman I-Iarris explained that he was not finding fault with his plans, but rather that the Council would rather wait for the Planning Commission study before making any determination. Mr, Nelson said that his original proposal was to rezone all the way to Onondaga St. � then it was cut back to satisify the people in the area. He asked if the Planning Commission did not take this into consideration when they recom- mended approval of the request. THE VOTE UPON THE MOTION, w�s as follows, Harris, Samuelson and Kirkham voting aye, Sheridan and Liebl voting nay, Mayor Kirkham declared the motion passed, and the request denied. :-��� REGULAR COUNCIL MEETING OF JULY 21, 1969 PAGE 6 FIRST READING OF AN ORDINANCE FOR VACATION (SAV #69-04) OF ALL SHAT PART OF HORIZON DRIVE LYING EAST OF THE EASS RIGHT OF WAY LINE OF THIRD STREET NORTHEAST: Councilman Lieb1 said that he wanted to be clear on this point, that by this vacation, the Czty would not be giving up the right for a future pedestrian walkway, i£ this should happen in the future. The City Engineer said that this was correct. 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, Samuelson, and Sheridan voting aye, Mayor Kirkham declared the motion carried. APPROVAL OF FIN�L PLAT (P.S. #69-08) hfARION'S TERRACE BY HOWARD CRABTREE: (Generally located at 71st Way and Riverview Terrace) Councilman Sheridan pointed out that this is an older area of the City and is hard to plat out. MOTION by Councilman Sheridan to approve the final plat Marion's Terrace requested by Howard Crabtree. Seconded by Councilman Samuelson. Upon a voice vote, all voting aye, �layor Kirkham declared the motion carried. The City Engineer asked if this meant with the private easement, �ust as it was presented. The Council said yes. CONSIDERATION OF APPROVAL OF A SPECIAL USE PERMIT FOR CONSTRUCTION OF A TWO PAMILY DWELLING IN R-1 ZONING (LOt 3, Block 4, Ostman's Addition) Roger L. Peterson Councilman Samuelson said that in view of the letters that have been received Erom the surrounding neighbors, raising a various number of questions, he would have to vote against this. MOTION by Councilman Samuelson to deny the request for a special use permit to construct a two family dwelling in R-1 zoning, request by Roger L. Peterson. Seconded by Councilman Sheridan. Councilman Liebl asked the City Engineer if he ever had any plan. The City Engineer said yes, and asked Mr. Peterson to bring them forward. Mr. Peterson presented his archa.tectural plan for the house. Councilman Liebl said that their vote against the special use permrt was no reflection upon the plans, but rather that a special use permit is a privilege granted by the Council and the question is raised, what would happen to the house should he ever sell it. THE VOTE UPON THE MOTION, being a voice vote, a11 voting aye, Mayor Kirkham declared the motion carried. CONSIDERATION OF A SIGN PERMIT REQUEST FOR COUNTRY BOY STATION John Baucom Councilman Sheridan asked if this is an addition to the existing pylon. The City Engineer said the existing sign is 62 square feet and the addition would add another 32 square feet. He said that he would recommend approval , ' ' REGULAR COUNCIL MEETING OF JULY 21, 1969 PAGE 7 � of the request with the stipulation that no other sign be allowed on this pylon, or any additional pylon. MOTION by Councilman Liebl to grant approval of the sign permit request for Country Boy Station 5tore by John Baucom with the stipulation that no other s.igns may be added. Seconded by Councilman Samuelson. Upon a voice vote, a11 voting aye, Mayor Kirkham declared the motion carried. REPORT CONCERNING REQUEST TO BUILD A GARAGE ON A PUBLIC EASEMENT: (Mr. Edward Wilbert, 110 63'� Way) The City Engineer reported that his department recommended denial because i£ there should ever be a break in the sanitary sewer line, the repairs would have to be made immediately and would use up the £ull 20 foot easement. It would be a time consuming 7ob to take down the superstructure of the garage and a break in a sanitary sewer line cannot wait. He felt that this would interfere with the health and safety of the crtizens. Councilman Liebl asked if this would go before any of the subcommittees. The City Engineex said no, as it a££ects only one person and the City of Fridley. Councilman Samuelson pointed out that Mr. Wilbert is willing to sign an agreement holding the City harmless if any break should occur. The City � Engineer said that this was not the main problem, but rather the speed with which the sanitary sewer line would have to be repaired. If it was a storm sewer, it would be different. He ielt that as a matter of Council policy, this should be discouraged. Councilman Liebl commented that he was in an unfortunate situation with easements on both sides of his lot. The storm sewer easement for East River Road runs along the west side of this house. The City Engineer suggested that the garage could be put behind the house, as the lot is quite deep � MOTION by Councilman Liebl to instYUCt the Administration to advise Mr. Wilbert that his request cannot be approved, and suggest to him that some plan whereby the garage could be located behind his house Seconded by Councilman Shera.dan. Upon a voice vote, all voting aye, P�ayor Kirkham declared the motion carried. RECEIVING THE MINUTES OF THE LIOUOR STUDY COMMITTEE MEETING OF JULY 8, 1969: MOTION by Councilman Liebl to receive the Minutes of the L�quor Study Com- mrttee Meeting of July 8, 1969. Seconded by Councilman Sheridan. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried. RECEIVING THE MINUTES OF THE PLANNING COMMISSION MEETING OF JULY 9� 1969 1. LOT SPLIT REQUEST: L.S. #69-18, L. GEORGE WELLS: The east 12' of the north 100' of Lot 8C, Second Revised Auditor's Subdivision #21_ The City Engineer explainted that Mr. Wells' house is on Lot 8A and he also owns 100' of Lot 8B. He would like to retain 12' of Lot C to go with his house and yard for screening, if the north 100' of Lot C should be sold in the future. If there should ever be a road between Brookview Drive and Oakley Drive, there would be a 25' easement necessary along the easterly _i _ � a i� REGULAR COUNCIL MEETING OF .TULY 21� 1969 PAGE 8 portion of Lot 8A and 8B. NLr. Wells said that he could not see the relevance of a street dedication with the requested lot split. The City Engineer said that there should be some sor�, of a street pattern set. These are very big lots and there may be a need in the future for a road either from Brookview Drive or from Mississippi Street, or possibly west from Oakley Drive. Councilman Samuelson asked if he did not receive a separate tax statement on the two parcels. Mr. Wells said that he did up to thzs year, but this year they were together. �Ir, Wells explained that his house sits so far back on Lot 8A that if Lot 8C should ever be so1d, this 12' would be very important to hun as screening. MOTION by Councilman Samuelson to grant the lot splrt req_uested by George Wells (L.S. #69-18). Secon3ed by Councilman Sheridan. Upon a voice vote, a11 voting aye, P4ayor Kirkham declared the motion carried. The City Engineer said that he wanted to point out that there may be a possibility o£ a road going through somewhere in this area, and he wanted Nlr. Wells to be aware of this. 2. KAYE VTESTERLAND REZONING REQUEST, ZOA #69-08A• North 824 J feet of the west 'z of NE; of the NE'>, of Section 13, rezone from R-1 to R-3A. The Crty Engineer reported that the previous Council action has been to set the Public Hearing date for August 11, 1969 for this request. 3. SACRED HEART PARISH: REZONING REQUEST ZOA #69-09: Lots 5, 6, N'� of 7, Block 10, Hamilton's Addition to Mechanicsville, to rezone from R-1 to R-3A MOTION by Councilman Sheridan to set the Public Hearing date for the rezoning request by Sacred Heart Parish for August 11� 1969. Seconded by Councilman Samuelson. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried. 4. VACATION REQUEST: SAV #69-03, GREAT NORTHERN RAILWAY COMPANY: Alley and streets in Block 6, Berlin Addition MOTION by Councilman Liebl to set the Public Hearing date for the vacation request for Great Northern Railway for August 11, 1969. Seconded by Councilman Samuelson. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried. 5. APARTMENT SURVEY IN THE CITY OP ERIDLBY: The City Engineer reported that the Engineering Department has been taking care of supplying the Planning Commission with the material and most of it has already been taken care of. It will take some time to study the number of school children in relation to apartment dwellers. They are hoping to have their report done about the first of September. MOTION by Councilman Liebl to receive the Minutes of the Planning Commission Meeting o£ July 9, 1969, Seconded by Councilman Samuelson. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried. � � , � � f � II y J� � REGULAR COUNCIL MEETING OF SULY 21, 1969 PAG� 9 REQIIEST FOR ftEMOVAL OF 7,000 CUBIC YARDS FROM PROPERTY ON RICE CREEK ROAD (MIKE 0'BANNON): Mr. O'Bannon reported that he would like to remove 7,D00 cubic yards of dirt from his property. This will help to meet the overall topography plan for his area. There was some dirt hauled from his land last spring to be used on the dike. He said that the hauling will be closely super- vised so the slope will be gradual and that it wi11 probably take about three days. The City Engineer said that Mr. O'Bannon is in the process of getting his plat ready for approval, and should be ready by tha.s fall. Shis is part of the overall Rice Creek plan Councilman Sheridan asked if there would be a land alteration permit required. The City Engineer said yes. It was pointed out that the City owes Mr. O'Bannon for dirt used for the Riverview Heiqhts dike. MOTION by Councilman Sheridan to grant a land alteration perma.t to Mr. P4ike O'Bannon, the excavation to conform to the Engineering topography, and the City to withhold payment of $1,000 for fill used on the dike in lieu of the $1,000 bond that would be required. Seconded by Councilman Samuelson. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried. RECEIVING TfIE MINUTES OF THE BUILDING STANDARDS - DESIGN CONTROL SUBCOMMITTEE MEETING OF JULY 16, 1969: 1. CONSIDERATION OF A RE EAST 5 FEET OF LOT 31 BY HARRIS ERECTION COMPANY SO CONSTRUCT AN OFFICE AND WAREHOUSE ON THE ALL OF LOTS 32 AND 33, BLOCK 8, ONAWAY � 77TH WAY N E.� FRIDLEY� MINNESOTA. (REQUES 6210 RIVERVIEW TERRACE, FRIDLEY, MINNESOTA The City Engineer said that this request is for another building on 77th Way. There are two existing buildings there now. It is going to be a block building, and then he explained the Building Board's stipulations. He said that he would recommend approval of the request, and wanted to point out that there must be adequate parking. Mr. Richard Harris, 6210 Riverview Terrace said that there is more square footage of blacktopped area than building area, but somehow they came up with two less parking stalls. He said that he thought that he could work this out wrth the City Engineer to get the two necessary parking places. He said that he would like to wait with the curbing beyond his property lines until the location of Main Street is determined. As of now, he is not sure where it is. Mr. Harris said that there are some differentials in the street grades. There may be a cut of about 2' and there may be some difficulty in establishing street grades. He said that he did not think there would be any problems with the parking spaces, that this could be arranged. MOTION by Councilman Sheridan to grant the building permit with the Building , Standards - Design Control stipulations. Seconded by Councilman Liebl. Upon a voice vote, Sheridan, Kirkham and Liebl voting aye, Samuelson ab- staina.ng, Dlayor Kirkham declared the motion carried. 2. CONSIDERATION OF A REQUEST TO MOVE A RESIDENT DWELLING FROM 3614 MARSHALL TO LOTS 9 AND 10� BLOCK 13� FRIDLEY PARK ADDN. TH� SAME BEING 6435 ASHTON AVENUE N.E., FRIDLEY, MINN. (REQUEST BY MR, NICK ZROKA, 3614 MARSHALL STREET N.E., MINNEAPOLIS, MINNESOTA) �j _�I if 9 REGULAR COUNCIL MEETING OF JULY 21, 1969 PAGE 10 Councilman Liebl asked Mr. Zroka if he was aware of the stipulations ' imposed by the Building Board. Mr. Zroka replied that he was. MOTION by Councilman La.ebl to grant permission to move his house from 3614 Marshall Street, Minneapolis to 6435 Ashton Avenue, sub�ect to the Building Board's stipulations. Seconded by Councilman Samuelson. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried. 3. CONSIDERATION OE A REQUEST TO CONSTRUCT A SEARS DEPARTMENT OUTLET STORE ON PART OF LOT 16 AND 17, AUDITOR'S SUBDIVISION #S8, THE SAME B�ING 6199 HIGHWAY #65, FRIDLEY, MINNESOSA (REQUEST BY SALITERMAN RFALTY COMPANY, 25 UNIVERSITY AVENUE S.E., MINNEAPOLIS, MINNESOTAI. The City Engineer said that this proposal is for the south side of Rice Creek Road. The Building Board recommended approval of the request, although they stipulated that all four sides of the building should be brick instead of 7ust the two sides as the Council had discussed. Council- man Sheridan asked if any of these plans have been presented to him. The City Engineer said no. Councilman Samuelson said that the question is now should there be brick on only two sides of the building or on all four sides. He asked if there was any pedestrian entrance from the south side of the building The City Engineer said that he did not think so. The entrances are on the northeast corner and on the west side. Councilman Samuelson said that in that case it would seem that if the parking is in back, tney would want an entrance in the back. The City Engineer , suggested moving the building back further, to allow for more parking space in front of the building. Councilman Samuelson said that he would concur with the south side of the building being brick facing the Liquor Store. Councilman Sheridan pointed out that the expansion would be to the east. D10TION by Councilman Sheridan to grant the request for a building permit sub�ect to the following stipulations: A) The north, west and south exterior walls are to be brick. B) Raised concrete sidewalk full length of north and west walls. C) The setback should be at least 130'. D) Eliminate exterior depressed loading ramp because of drainage problem. E) Submit new plot plan with curbing, landscaping and parking with the recommended change of the loading ramp to the south wall. F) Curb detail. Seconded by Councilman Liebl. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried. Councilman Samuelson brought up the discussion that was held previously about Nir. Saliterman putting in sidewalks for pedestrians and bicycles along the west property line for access to Moore Lake. The City Engineer added that also the north portion of the shopping center needs fixing up. 4 CONSIDERATION OF A REQUEST TO CONSTRUCT A RESTAURANT TO BE LOCATED ON PART OF LOTS 16 AND 17, AUDITOR'S SUBDIVISION #88, THE SAME BEING � 1200 RICE CREEK ROAD N.E.� FRIDLEY� MINNESOTA. (REQUEST BY SALITERMI�N REALTY COMPANY, 25 UNIVERSITY AVENUE S.E., MINNEAPOLIS, MINNESOTA): P40TION by Councilman Liebl to table this item until the stipulations of the Building Board are met. The City Engineer said that this could be approved with the stipulation that these requirements are met. �� -� � , -- REGULAR COUNCIL MEETING OF JULY 21, 1969 PAGE 11 � COUNCILMAN LIEBL WITHDREW MOTION. MOTION by Councilman Samuelson to grant the request for a restaurant to be located at 1200 Rice Creek Road sub7ect to the stzpulations imposed by the Building Board and that they provide a landscaping plan and sidewalks along the road to the north. The motion was seconded and upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried. 5. CONSIDERATION OF A REQUEST TO CONSTRUCT A BUILDING FOR COMMEFCIAL OR INDUSTRIAL LEASING LOCATED ON LOTS 22 AND 23, SLOCK 2, ONAWAY ADDITION THE SAME BEING 7855 BEECH STREET N.E., FRIDLEY, MISSNESOTA. (REQUEST BY D.W. HARSTAD COMPANY, 7101 HIGHWAY #65 N.E., FRIDLEY, MINNESOTA): 6. CONSIDERATION OF A REQUEST TO CONSTRUCT A BUILDING FOR COMMERCIAL OR INDUSTRIAL LEASING LOCATED ON LOTS 20 AND 21, BLOCK 2, ONAWAY ADDITION THE SAME BEING 7865 BEECH STREET N.E., FRIDLEY, MINN�SOTA (REQUEST BY D.W. HARSTAD COMPANY, 7101 HIGHWAY #65. FRIDLEY. MINNESOTA) The City Engineer explained that they are following the same plan as for their previous buildings. There are two buildings to be 63' X 70' with the same basic construction. The City Engineer explained the stipulations and showed the plan at the Council table. He said that the reason the 5' strip is to be blacktopped rather than sodded is for ease in maintenance_ They understand that water and sewer wil.l be avazlable next spring_ � Councilman Sheridan asked if the applicant has agreed with all the stipu- lations. Mr. Dick Johnson of the D.W. Harstad Company replied that they did agree. MOTION by Councilman Sheridan to grant the building permits for 7855 Beech Street and 7865 Beech Street sub7ect to the stipulations imposed by the Building Board, requested by D.W. Harstad. Seconded by Councilman La.ebl. Upon a voice vote all voting aye, Mayor Kirkham declared the motion carried, 7. CONSIDERATION OF A REQUEST FOR GENERAL CONCEPT APPROVAL OF AN OFFICE AND MANUFACTURING BUILDING TO BE LOCATED ON LOT 14, AUDITOR'S SUB- DIVISION �78, THE SAME BEING 5601 EAST RIVER ROAD, FRIDLEY, MINN. (REQUEST BY LA MAUR INCORPORATED, 110 NORTH STH STREET, MINNEAPOLIS, MINNESOTA): The City Engineer explained that the Building Board approved the general concept, but wanted more detailed plans Mr. Hugo Schulze of LaMaur Inc presented some preliminary plans and an elevation at the Council table. Councilman Samuelson asked what kind of screening would be used on the freeway side of the building. Mr. Schulz.e. said that he did not know yet. The tanks will be 10' high and 30' long and they will be depressed, so they will not be seen from the freeway. The building will be screened from the tank farm site. Councilman Liehl � commented that at a height of only 10', it wi11 be easy to screen. Mr Schulze, while showing the elevation to the Council said that there would be black brick, off-set with white vertical accent strips. He said that there would be 300 employees on a one shift basis Councilman Sheridan said that the ingress and egress is shown south of Downing Box. The City Engineer said that there will have to be a drive to bring the cars up to the _n � �, RL'GULAR COUNCIL MEETING OF JULY 21, 1969 PAGE 12 proposed signals. Councilman Samuelson asked if there would be land- , scaping between the north-south road and East River Road. Mr. Schulze said yes, they nlan on landscaping. Mayor Kirkham asked if the material in the tanks was flammable. Mr. Schulze said yes. Mayor Kirkham said that in that case, they would have to be diked. Mr. SchulZe agreed and said that they had planned to do so. Councilman Samuelson asked what is the anticipated �.nvestment. Mr. Schulze replied that there would be 200,000 square feet, at $7.00 to $10.00 per square foot, would make it about a$2,000,000.00 pro�ect. MOTION by Councilman Liebl to adopt the general concept as proposed and request detailed plans, and to grant a foundation permit. Seconded by Councilman Samuelson. Upon a voice vote, a11 voting aye, Mayor Kirkham declared the motion carried. 8. CONSIDERATION OF A REQUEST FOR GENERAL CONCEPT APPROVAL OF A 294 UNIT APARTMENT COMPLEX TO BE LOCATL'D ON LOTS 1, 2, 3, 4, 5� AND 6, BLOCK 2, PEARSON'S 15T ADDITION, AND PARCEL 8400, SOUTH � OF SECTION 3, T 30, R. 24, ANOKA COUNTY, MINNESOTA, THE SAME BEING 7805� 7825, 7845, 7855, 7875, 7895 EAST RIVER ROAD� FRIDLEY, MINNESOTA. (REQUEST BY N.CRAIG JOFINSON, 4517 OXFORD AVENUE, MINNEAPOLIS� MINN.): The City Engineer explained that the Building Standards - Design Control � had approved the general concept, but had requested more detail, and plans showing the individual units. He suggested that the City should acquire 12' along East River Road for a future turning lane. PQOTION by Councilman Samuelson to concur with the general concept and to request more detailed plans. Seconded by Councilman Sheridan. T]pon a voice vote, Samuelson, Sheridan, and Kirkham voting aye, Liebl abstaining, Mayor Kirkham declared the motion carried. 9. CONSIDERATION OF A REQUEST TO CONSTRUCT A COMMERCIAL BUILDING ON LOT 2, BLOCK 1� NAGEL'S WOODLANDS ADDITION, THE SAME BEING 960 OSBORNE ROAD N.E.� FRIDLEY� MINNESOTA. (REQUEST BY FRIDLEY AUTO SODY� 6041 UNIVERSITY AVENUE N.E., FRIDLEY, MINNESOTA): The City Engineer explained that this building will go in nest to the Telephone building. There wi11 be provided a 60' setback� alSn there ig enough land for sidewalks and parking for their needs. He recommended ap- proval with the change that the sidewalks should be put in now. MOTION by Councilman Samuelson to concur with the Building Board except for the change in the stipulation regarding sidewalks, and that the Council does not want an agreement Por €uture sidewalks, but that they should be put in now. Seconded by Councilman Liebl. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried. MOTION by Councilman Liebl to receive the Minutes of the Building Standards - ' Design Control Subcommrttee Meeting of .7uly 16, 1969. 5econded by Council- man Sheridan Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried. Councilman Liebl asked the Chair to move Item #27 up, as there were a great many people waiting for this item. i J � REGULAR COUNCIL MEETING OF JULY 21, 1969 PAGE 13 � RESOLUTION #118-1969 - RESOLUTION ORIJERING THE IMPROVEMENT AND FINAL PLANS AND SPECIFICATIONS AND ESTIMATES OF COSTS THEREOF: STREET IMPROVEMENT PROJECT ST. 1970-1: Mayor Kirkham read the streets included in the Resolution for the benefit of the audience. PETITION #29-1969 - PETITION OPPOSING ALLEY FROM 61ST TO 64TH WAY (ST. 1970-1) PETITION #30-1969 - PETITION OPPOSING STREET IMPROVEMENT FOR 63RD WAY (ST. 1970-1) PETITION #31-1969 - PETITION OPPOSING STREET IMPROVEMENT FOR 63=z WAY (ST. 1970-1) MOTION by Counca.lman 5amuelson to receive Petitions #29-1969, #30-1969, and #31-1969. Seconded by Councilman Liebl. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried. The City Engineer explained that these streets were presented under the 10 year street improvement program, and all these streets are in need of repair. If the Council does not want to improve them, then the maintenance costs will be higher, so perhaps the Council may want to put them in with- out curbing. These streets were presented to try to keep the maintenance costs down, which comes from the tax payers of all the City. � Mayor Kirkham suggested that as these streets are a part of the 10 year street improvement program, perhaps an alternate would be to put in as proposed, or put in some temporary surfacing Councilman Samuelson and Councilman Liebl both agreed that they should either be done correctly or deleted. (COUNCILMAN HARRIS ARRIVED AT THE COUNCIL MEETING AT 9 45 P.M ) Mr. George Danielson, 6305 East River Road said that he would very much like to have the trucks re-routed so they are not using these streets which are residential streets. They come down 63rd Way, and he pxoposed posting "No Truck Route" signs at the Public Hearing Meeting. He said that he did not feel that they should have to pay for a road the trucks wi11 be using. The City Manager explained that the City Enqineer proposes the technical recommendations and lays out the plans, and the people and the Council decide what they want. The best improvement would include curb and gutter, which is what he proposed. The City Manager pointed out that the use of buckshot as Mr. Danielson had proposed would not be as good as a curb and gutter and blacktopped street, and would ravel out and crack, and water would get under the surface and cause frost boils, and gradually destroy the street, which would result in high maintenance costs to the tax payers Mr. Danielson said that they 7ust got through paying for an improvement, and he was not in favor of this one. It was not his intention to run down the City Engineer. � Mr. Richard Srown, 6103 East River Road said that he was not in favor of this improvement. Mr. Richard Harris said that as there is a spur off the railroad tracks, he wondered if there 5hould not be a 9 ton axle weight street put in. It seemed that this would be to everyones' best advantage. Mr, Richard Knoll, ��� _ �, ��i REGULAR COUNCIL MEETING OF JULY 21, 1969 PAGE 14 Plant Manager from Designware Inc. reported that his dispatchers were told to make other arrangements to keep the trucks off the residential streets. Mr. Danielson asked how much the railroad is willing to pay for a 9 ton street. Mr. J.A. Evans, Great Northe�n RailWay Co., said that they are willing to pay like everyone else, if the improvement goes in. He said that the railroad does not oppose this improvement, if paved, some of the area will develop as industrial. Councilman Samuelson said that he would like to suggest that the following streets be deleted: Locke Lake Road: 69th Way: Hickory Street: Bacon Drive: Proposed Roadway: East River Road to Hickory Street East River Road to Hickory Street Locke Lake Road to 69th Way Onondaga Street to 75th Avenue Riverview Terrace to cul de sac to east Councilman Liebl said that he would like to suggest that the following streets be deleted 61st Way: East River Road to alley on the East Alley bet. 61st Way & 61'� Way:East River Road to alley on the East 61i Way East River Road to alley on the East 63rd Way: East River Road to alley on the East 63z Way East River Road to alley on the East Alley on W. side of Railroad Tracks: 61st Avenue: Sylvan Lane. Starlite Boulevard 61st Way to 64th Way Starlite Boulevard to Main Street Starlite Boulevard to Jupiter Drive 61st Avenue to Sylvan Lane Councilman Liebl felt that although the streets for the area between Mississippi Street and 63rd Way were to be deleted, there still should be a 12' walkway for the children to go to the semaphores. Councilman Sheridan questioned the T.H. #65 East Service Road from 73'� Avenue to Fireside Drive and asked if there will not be a need for more right of way. The City would need to condemn another 25' which will take four or more of Peter Brook's Mobile Home 1ots. He wondered whether it should be deleted. The City Engineer said that the City is acquiring land £or the we11 and booster station and the plan is to charge '� to the street pro�ect and =z to the water utility fund. Mayor Kirkham commented that as there was no opposition, the City may as well put it in. The City Engineer added that there would be some land locked parcels that would need access without the road. Councilman Harris said that rt would beho�ve the cit�zens o� Fzi,dley to understand that the people who live on improved streets are also paying through their taxes on the maintenance of the unimproved streets. This cannot be an open end thing, and this is why the 10 year street improvement program was implemented. Councilman Samuelson agreed, and wondered if when the Engineering Department feels that a street is very bad, that the City could say that that street will no longer be maintained. Councilman Harris , , , � , ' REGULAR COUNCIL MEETING OF JULY 21, 1969 PAGE 15 said that he did not feel that this is the way it should be done. Council- man Liebl agreed that the streets could wait, but that it should not be open-ended and that a time should be set The Crty Engineer said that he would agree with Councilman Liebl and Councilman Harris, that if a time is set for these streets, then they should go in without any further delay. Councilmam Harris asked Councilman Samuelson and Councilman Liebl if these streets are deleted now, do they agree that there should be a deadline for the improvement of these streets� Councilman Liebl said that by 1971 the Council may know about the truck route in that area. Councilman Samuelson agreed Councilman Liebl also pointed out that perhaps Starlite Houlevard should not be put in until it is known how the industrial tract will be developed west of there. MOTION by Councilman Harris to adopt Resolution #118-1969 with the deletions as stated. Seconded by Councilman Liebl. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimous].y. Councilman Harris asked the rest of the Council if they would agree to pass a Resolution that the streets deleted will be ordered in in 1971 with completion in 1972. The rest of the Council agreed. RESOLUTION #119-1969 - RESOLUTION DELETING CERTAIN STREETS FROM THE PROPOSED 1970 STREET IMPROVEMENT PROGRAM PROJECT ST. 1970-1 AND ORDERING THESE STREETS TO BE IMPROVEA IN THE YEAR 1972: MOTION by Councilman Harris to adopt Resolution #119-1969, for the improve- ment of the streets deleted from the St. 1970-1 Improvement Program to be ordered in in 1971, with completion by 1972 Seconded by Councilman Samuelson. Upon a voice vote, a11 voting aye, Mayor Kirkham declared the motion carried unanimoulsy. Councilman Liebl said that he would like to ask on behalf of the con- stituants of the third ward what could be done about the truck traffic, as it is the trucks that did the damage on 63rd Way. REPORT OF MAYOR'S SPLIT LIOUOR COMMITTEE: Mr. John Swanson, speaking for the committee, said that the 7ob is fairly well completed. The committee has had three very productive meetings The requirements have been set up for the Ordinance, by taking the better parts of other communities' Ordinances. The first meeting set up the criteria, the second was for a proposed rough draft of the proposed Ordinance and at the third meeting, the final draft was made and wi11 be available for the Council in the next couple of weeks. The committee is recommending that the Council take action tonight to set the referendum before the people, probably about the middle of August. Mr. Swanson said that on behalf of the committee, he hoped that they did a good job, and that he had en7oyed the work. Councilman Liebl asked what the price of the license fee is. Mr. Swanson answered $4,000. Councilman Liebl then asked about the seating capacity. Mr. Swanson answered that the Ordinance requires 900 square feet of dining area. Councilman Liebl asked how many licenses they were recommending issuing. Mr. Swanson answered five Councilman Harris elaborated that the ,� ��� REGULAR COUNCIL MEETING OF JULY 21, 1969 PAGE 16 900 square feet was used instead of using a number of seats per estab- , lis�nent so as to eliminate the question of how many could be squeezed into any specified area. Mayor Kirkham said thank you to Mr. Swanson for their expediency. Mr. Swanson said that he hoped to get the final form to the Council in a couple of weeks. Councilman Sheridan asked if it would be possible for the Council to meet with the commrttee to go over the Ordinance with them. Mr. Swanson said that this was not discussed. Councilman Sheridan asked if this required a special election. Councilman Harris said yes. Mr. Swanson requested that a Resolution be passed tonight setting up the specaal election for August 19, 1969. RESOLUTION #120-1969 - RESOLUTION AUTfI0R2ZING A SPECIAL ELECTION AND DIRECTING THE CITY CLERK TO PROCEED WITH THE NECESSARY WORK FOR THE SPECIAL ELECTION TO BE HELD AUGUST 19, 1969 ON THE QUESTION OF SPLIT LIQUOR MOTION by Councilman Harris to adopt Resolution #120-1969. Seconded by Councilman Samuelson. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously. There followed some discussion on how the ballot should be prepared. Councilman Samuelson asked if there should be any type of town-house type , meeting to make the information available to the public. He questioned if the committee felt that this would have merit. Mr. Swanson said that the committee felt that this would tend to confuse the issue. Councilman Harris said that they have worked within the State minimums and the Ordinance would have terminology that would not be of value to the public. Mr. Gibbs, representing the City Attorney said that he would agree with Council- man Harris. The Ordinance is 26 pages long and it gives the City of Fridley every brt of protection it can give and is very comprehensive. Councilman Liebl asked D1r. Swanson if he felt that this is in the best interest of the community to take this step. Mr, Swanson said yes, it will bring in new businesses and it will replace the loss of the on sale liquor business. Councilman Sheridan said that the committee is to be congratulated. PETITION #7-1969 - REQUESTING STREET LIGHT IN CORNER OF SKYWOO➢ COURT: A representative from the area explained that at the time the petition was presented originally, there was a pole sitting in the wrong position. Now the pole is where it should be and they would very much like a light as soon as possible. He explained that there have been numerous break�ins and the women are afraid to walk on the streets at night. The whole back area is very dark. � Councilman Sheridan asked if he was asking for an additional light or moving the light up from the cul-de-sac. The citizen said that they wanted an additional light Councilman Sheridan said that as Councilman of his ward, he would recommend moving the light from the cul-de�sac up the street. The City of Fridley does not have that many liqhts. The citizen said that he „_ , ��; , � �� REGULAR COUNCIL MEETING OF JULY 21, 1969 PAGE 17 ' was sure that if he went down there� he would see how dark rt is. The City Engineer said that all the 1969 street lights have been ordered in for the year. There are still intersections that do not have lights, and they should have first priority. The lights are placed on a priority basis. He suggested that there may be a light to be removed from in front of McDOnalds, as it is not needed there, but then again the question arises on where it is most needed. He suggested that some people have gotten together with NSP to pay for a light on their own. The resident asked, if all the people in this area want a liqht, should they not get one. Council- man Sheridan said no, that intersections must come first, this is not an intersection, but a"T”. These lights cost $60 per light per year The resident asked how they can get a light then. Councilman Sheridan suggested possibly it could be assessed and Mayor Kirkham suggested a private agree- ment with NSP MOTION by Councilman Samuelson to receive Petition #7-1969 and re�er it to the Engineering Department to check out the possibility of re-locating the McDOnald la.ght on Skywood Court� unless there is a higher priority Seconded by Councilman Liebl. Upon a voice vote, al1 voting aye, Mayor Kirkham declared the motion carried unanimously. RECESS: Mayor Kirkham declared a recess from 11:00 to 11 35 P,M. � REQUEST FOR DETERMINATION OF SEWER CONNECTION CHARGES FOR DESIGNWARE INDUSTRIES, INCORPORATED Mr Richard Knoll� Plant Manager of Designware Industries Inc. was present for the discussion. There was a considerable discussion, with the con- clusions reached as follows: Designware wishes to request an expansion permrt, if Designware does have additional effluence into the City sewer, they are to pay additional REC charges in accordance with increase over present level. Designware is to continue placing effluence into Rice Creek provided criteria established by the State Pollution Control Agency is complied with. If Designware places all effluence currently into the City of Fridley line and additional effluence caused by expansion into N.S.S.S.D lines, then such charge will be in acoordance with N.S S.S.D and Design- ware agreement, if N.S.S.S D. agrees to direct charge to Designware. If N.S.S.S.➢, requires the City of Fridley to collect charges, in the event of hookup to their system, on a11 effluent to include that currently being deposited into the City o£ Fridley lines, then Designware would be charged the same amount the City of Fridley becomes obligated to N.S.S.S.D. to pay. The City of Fridley to accept only the additional effluent into its system that results from expansion x'equixement of three additional stools or as agreed upon at a later time. Designware is to check wa.th N 5.5.5 D. on intent of motion, a copy of which was provided by Councilman Harris. Mr. Knoll was advised to proceed as disoussed. � RECEIVING THE MINUTES OF THE BOAR➢ OF APPEALS MEETING OF JT3LY 16, 1969: MOTION by Councilman Sheridan to receive the Minutes of the Board of Appeals Meeting of July 16, 1969. Seconded by Councilman Liebl. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously. �yq n J /I��' REGULAR COUNCIL M�ETING OF JULY 21� 1969 AWARDING CON1^RACT P'OR SANITARY SEWER PROJECT #91• LUMP SUM COMPLETION PLANHOLDER BID SURETY BID TIME C.S. McCrossan, Inc Box 336 Osseo, Ma.nn. 55369 Randal Brothers 3400 Silver Lake Road Minneapolis, Minn. 55418 U.S. Fidelity & Guaranty Co. 5% B.B. Cert. Ck $745.00 Charles Love7oy Co. U.S. Fidelity & 2506 Cedar Guaranty Co. White Bear Lake, Minn. 55110 5o B.B. PAGE 18 $21,495.00 150 Cal. Days $14,900.00 30 Cal. Days $12,292.00 60 Ca1. Days Councilman Sheridan reported that he had not been able to talk to Don 5avelkoul, however, i�1r. Walquist represents over 510 on the petition. MOTION by Councilman Sheridan to award the contract for Sanitary Sewer Pro�ect '�91 to Charles Love7oy Company in the amount of $12,292.00. Seconded by Councilman Samuelson. Upan a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously. CONSIDERATION OF CHANGE ORDER #3 - STREET IMPROVEMENT PROJECT AND ST. 1969-2A: MOTION by Councilman Harris to approve Change Order #3 for Street Smprove- ment Pro7ect St. 1969-1A and St, 1969-2A. Seconded by Councilman Samuelson. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously. REPORT ON REPAIR OF STORM SEWER IN 73RI1 AVENUE BETWEEN T.H. #65 AND CENTRAL AVENIfE: The City Engineer reported that there are repairs to be made to the storm sewer before the street goes in. The repairs will run over $1,000 and he would like the Council's decision on wh�ther to pass an Emergency Ordinance or add the cost to the improvement cost. MOTION by Councilman Harris to receive the report and add the cost of the storm sewer repair to the cost of the street improvement pro7ect. Seconded by Councilman Sheridan. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously. REPORT ON IMPROVEMENT OF INTERSECTION OF T.H. #65 AND WEST MDORE LAKE DRIVE AND RECEIVING COMMUNICATION FROM MINNESOTA HIGHWAY DEPARTMENT MOTION by Councilman Liebl to receive the communication from the State of Minnesota, Department of Highways dated ,7uly 3, 1969 and refer the infor- mation to the Engineering Department for thea.r study. Seconded by Counca.l- man Samuelson. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously. Councilman Samuelson commented that he felt that the first plan shown would Ue the best solution. � � � - � REGULAR CQUNCIL MEETING OF JULY 21� 1969 PAGE 19 , CONSIDERATION OF THE PROPOSED SiGN ORDINANCE= The City Engineer reported that there is a da.fference of opinion between the Chamber of Commerce and the Crty concerna.ng whether or not to allow flashing and revolving liqhts. The Chamber of Commerce feels that they should be allowed, we do not. Councilman Sheridan pointed out that some of the gas stations have revolving lights, which could be allowed. The City Engineer asked if it was the Council's intention to have the Orda.nance written then to only allow the slow revolving lights such as used by gas stations, but dis-allow all others and have no flashing lights or changes in intensity. The Council agreed thzs is what they felt best. The other point of disagreement was on the control o£ billboards. The Fridley Industrial Development Commission felt that they should be allowed. There are noW about 40 billboards in the City and they have been mostly placed in undeveloped areas. The City Engineer said that the question was, does the Council want to allow billboards, and if so, with restrictions� Councilman Liebl said no. Councilman Samuelson felt that the City already has enough. Councilman Harris said that it could not be open ended. The City Engineer said that the Council cannot deny a request for a permit if it meets the requirements. Mr. Gibbs said that the State has given local governments the right to control aesthetics. � The City Engineer said that once an area develops, there would be no room for billboards. Any request for a sign would have to meet the existing Ordinance. All the signs along the highway would be illegal in the pro- posed Ordinance, but the City cannot make them take them down right away, so they must be allowed to stay until they need some ma7or chanyes then it could be denied. After about 5 years a billboard would need repairs anyhow, and this is when they should be phased out. The Fridley Industrial Develop- ment Commission feels that they should be allowed in industrial and commercial areas. Councilman Harris pointed out that there is a great difference in the quality of a sign such as the "Welcome to Fridley" sign and some of the others. Mayor Kirkham suggested allowing billboards only Uy a special use permrt, which would have restrictions. It was agreed by the rest of the Council that this would be the way to control them. The City Engineer said that the other point of disagreement was in the height of the billboards, but if it is to be controlled by special use permits, this can be taken care of for each individual request, to fit the circumstances. CONSIDERATION OF THE PROPOSED ZONING ORDINANCE: The Ordinance was not gone into because o£ the late hour, howeves Council- man Liebl did ask how many votes it would take to adopt the Zoning � Ordinance. Mr. Gibbs said four votes. Any clzanges in the Zoning Ordinance would also have to be by a 4f5 vote, RESOLUTION #121-1969 - RESOLUTION RECEIVING THL'. PRELIMINARY REPORT AND CALLING A PUBLIC HEARING ON 5TREET IMPROVEMENT PROJECT ST 1970-2: P40TION by Councilman Sheridan to adopt Resolution #121-1969. Seconded by Councilman Liebl. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously. � �a �°, REGULAR COUNCIL MEETING OF ,NLY 21, 1969 PAGE 20 RESOLUTION #122-1969 - RESOLOTION ORDERING PRELIMINARY PLANS, SPECIFICATIONS � AND ESTZMATES OF THE COSTS THEREOF: STREET IMPROVEMENT PROSECT ST. 1970-1 ADDENDOM #1: MOTION by Councilman Liebl to adopt Resolution #122-1969. Seconded by Councilman Sheridan. Upon a voice vote, al1 voting aye, Mayor Kixkham declared the motion carried unanimously. RESOLUTION #123-1969 - RESOLUTION RECEIVING THE PRELIMINARY REPORT AND CALLING A PUBLIC HEARING ON THE MATTER OF THE CONSTRUCTION OF CERTAIN IMPROVEMENTS: STRCET IMPROVEMENT PRO.TECT ST. 1970-1 P:DDENDUM #l: MOTION by Councilman Liebl to adopt Resolution #123-1969. Seconded by Councilman Sheridan. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously. RESOLUTION #124-1969 - RESOLOTION ORDERTNG PRELIMINARY PLANS, SPECIFICATIONS, AND ESTIMATES OF THE COSTS THEREOF: STREET IMPROVEMENT PROJECT ST. 1970-4 MOTION by Councilman Liebl to adopt Resolution '�124-1969. Seconded by Council- man Sheridan. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously. Mr. Eldon Schmedeke asked zf this resolution was setting the Public Hearing. Councilman Sheridan said that these resolutions ordered the plans and , specifications, and set the Public Hearing date. Mr. Schmedeke asked if there could be no changes made after that. Councilman Harris said that changes can be made until the pro�ect is assessed. Mr. Schmedeke asked what if you live on a corner. Councilman Harras said that in that case there may be three assessments, one on front footage, one for the rear an,d one for the slde yard. The City Engineer explained that the assessments on the service road and loop will be spread over a larger area. Mayor Kirkham added that the City is obliged to assess for any benefit to a property owner. Councilman Sheridan added that the State would have taken the service drive by aoquisition, but it stopped at the alley line. Mr. Schmedeke said that the man in the northeast quadrant of 60th Avenue is fixing his house and he thinks that he is planning to sell, and felt that he should be notified of the proposed changes. Councilman Harris asked if the Notice of Hearing that appears in the paper is the same as that which appears in the Agenda. The Czty Engineer said yes. The City i�lanager added that there was a proposed zoning change also in changing part of the property from CR-1 to C-2. Councilman Sheridan said that for the purpose of the Public Hearing, he hoped that the figures would be broken down and spread for each individual lot. The City Engineer said that these wi11 be broken down so that individual figures can be given out. Councilman Sheridan said that it should be pointed out to the people that this will be a staged program. Councilman Lieb7. wondered, what if a , company would want t.o come in and buy a large amoLnt of land, then they would not have any use for the new streets. Councilman Harris said that this may be, but the costs will sta.11 have to be broken down. Councilman Sheridan said th�t the Plan Circle Flow and the service road were to be the £irst stage. R�SOLUTION #125-1969 - RESOLUTION RECEIV�NG THE QRELTSIINARX R�p�RT AND C7jLLING A PUBLIC HEARISSG ON THE MATTER OF THE CONSTRUCTION OF CERTAIN IMPROVEMENT5 STREET IMPROVEMENT PROJECT ST. 1970-4: MOTION by Councilman Liebl to adopt Reso3ution #125-1969. Seconded by Council- man Sheridan. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously. � �ii ] REGULAR COUNCIL MEETING OF JULY 21� 1969 PAGE 21 � RECEIVING DAMAGE 50RVEY REPORTS AND AUTHORTZING TO PROCEED WITH FLOOD REPAIR WORK� MOTION by Councilman Samuelson to receive the reports and authorize the Engineering Department to proceed with the repair work. Seconded by Councilman Liebl. Upon a voice vote, all voting aye, Mayor Kirkham declared the mota.on carried unanimously. RESOLUTIOYd #126-1969 - RESOLUTION DIRECTING THP� SSSUANCE OF TEMPORA.RY IMPROVEMENT BONDS IN ACCORDANCE WITA LAWS OF 1957, CHAPTER 355: (Water Impravement Pro7ect #92) MOTION by Councilman Samuelson to adopt Resolut�.on #126-1969. Seconded by Councilman Sheridan. Upon a voa.ce vote, a11 voting aye, Mayor Kirkham declared the motion carried unanimously. RESOLUTION #127-1969 - RESOLUTION DIRECTING THE SALE AND PURCHASLI OF TEMPORARY IMPROVEMENT BON➢S IN ACCORDAN�F. WITH LAWS OF 1957, CHAPTER 385: (Water Improvement Pro7ect #92) MOTION by Councilman Samuelson to adopt Resolution �127-1969. Seconded by Councilman Sheridan. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously. � RESOLUTION #128-1969 - RESOLUTION DIRECTING THE ISSUANCE OF TEMPORARY IMPROVEMENT BONDS IN ACCORDANCE WITH LAWS OF 1957, CHAPTER 385: (Street Improvement Pro�ect St. 1969-1 & St. 1969-2) MOTION by Councilman Samuelson to adopt Re5olution �'128-1969 Seconded by Councilman Sheridan. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously. RESOLUTION #129-1969 - RESOLUTION DIRECTING TI-IE SALE AND PURCHASE OF TEMPORARY IMPROVEMENT BONDS IN ACCORDANCE WITH LAWS OF 1957, CHAPTER 385 (Street Improvement Pro�ect St. 1969-1 & St. 1969-2) MOTION by Councilman Samuelson to adopt Resolution #129-1969. Seconded by Councilman Sheridan. Upon a voice vote, all voting aye� Mayor Kirkham declared the mota.on carried unanimously. RESOLUTION #130-1969 - RESDLUTION DIRECTING THE ISSUANCE OF TEMPORARY IMPROVEMENT BONDS IN ACCORDANCE WITH LAWS OF 1957, CHAPTER 385 (Sanitary Sewer, Water, and Storm 5ewer Pro�ec� #90) MOTION by Councilman Samuelson to adopt Resolution #130-1969. 5econded by Councilman Sheridan. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously. RESOLUTION #131-1969 - RESOLUTION DIRECTING THE SALE AND PURCHASE OF TEMPORARY � IMPROVEMENT SONDS IN ACCORDANCE WITH LAWS OF 1957, CHAPT�R 385: (Sanrtary Sewer, Water, & Storm Sewer Project #90) MOTION by Councilman Samuelson to adopt Resolution #131-1969. Seconded by Councilman Sheridan. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously. � �� �� _ ,� y_y F2EGULAR COUNCIL MEESTNG OF ,3ULY 21, 1969 PAGE 22 RESOLUTION #132-1969 - RESOLUTION DIRECTING THE ISSUAVCE OF TEMPORARY IMPROVEMENT BONDS IN ACCORDANCE WITH LAWS OF 1957, CHAPTER 385: (Storm Sewer #S9) MOTION by Councilman Samuelson to adopt Resolution #132-1969. Seconded by Councilman Sheridan. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanunoulsy. RESOLUTION #133-1969 - RESOLUTION DIRECTING THE SALE AND PUACHASE OF TEMPORARY INIPROVEMENT BONDS IN ACCORDANCE WITH LAWS OF 1957� CHAPTER 385 (Storm Sewer Pxo7ect #89) MOTION by Councilman Samuelson to adopt Resolution #133-1969. Seconded by Councilman Sheridan. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously. APPOINTLQENT: FRIDLEF HOUSING AND REDEV$LOPMENT AUTHORITY. Councilman Liebl suggested that this be tabled to the next Regular Meeting, The rest of the Council agreed. CLAIMS: MOTION by Councilman Harris to approve payment of General Claims #18614 through #18709 and Liquor Claims #3509 through �3563. The motion was seconded and upon a voice vote, all voting aye, INayor Kirkham declared the motion carried unanimously, LICENSES: SLACKTOPPING Gustafson Blacktop Co. 516 4th 5treet N.E. Minneapolis, Minnesota EXCAVATING Kadlec Excavating Co. 724 Main St. N.W. Anoka, Minnesota GEN�RAL CONTRACTOR Zumber King Co. 5145 Oliver Ave. S. Minneapolis, Minn. HEASING Serry Haer Htg. Co. 3024 4th Avenue So Minneapolis, Minn. By: James Gustafson RENEWAL APPROVL�D BY Building Inspector By Don Kadlec RENEWAL Plumbing Inspector By: Jerome Lorberbaum RENEWAL By: Jerome Baer NEW Building Inspector Heating Inspector � � � � r REGULAR COUNCIL MEETING OF JULY 21, 1969 Licenses Continued HOUSE MOVERS Dale Movers 7816 Central Avenue N.E. Minneapolis, Minnesota ROOFING Potvin Sales Co. 7341 Commerce Lane Fridley, Minnesota SIGN ERECTION By: Dale Peterson By, Felix Potvin PAGE 23 APPROVED BY RENEWAL Building Inspector NEW Building Inspector Commander Board of Minnesota, Inc. 56 lst Street S.E. New Brighton, Minn. By: R.M. Tucker NEW Building Inspector MOTION by Councilman Harris to approve the foregoing licenses. The motion was seconded and upon a voice vote, all voting aye, Mayor Kirkham declared the motion carsied unanimously. ESTIMATES: Randall & Berglin 6501 Plaza Curve Minneapolis, Minnesota 55432 FINAL ESTIMATE - Flood Disaster Work Keys Well Drilling Company 413 North Lexington Parkway St, Paul, Minnesota 55104 FINAL ESTIMATE - Repair o£ Well #7 Marvin Rehbein Contr., Inc. Route 2, Box 22 Forest Lake, Minnesota PARTIAL Estimate #1 St. 1968-15 (69th Avenue Cros5over) Arcon Construction Company Mora, Minnesota PARTIAL Estlmate #2 � Street Improvement Pro�ect St. 1969-1 PARTIAL Estimate #2 Street Improvement Pro�ect St. 1969-2 $ 426.00 $ 598.39 $ 5,537.32 $80,922.73 $15,958 43 � .l' ./ � �� � r re � REGULAR COUNCIL MEETING OF JULY 21, 1969 Estimates Continued. Peter Lametti Construction Company 615 Drake Street St, Paul, Minnesota SS1D2 PARTIAL Estunate $2 for construction of Sanitary Sewer, Water and Storm Sewer Improvement Pro]ect �90 Comstock and Davis, Inc. Consulting Engineers 1446 County Road "J" Minneapolis, Minnesota 55432 For the furnishang of resident ir.spection and resident supervision for the staking out of construction work. PARTIAL Estimate #1 St. 1969-2 from .7une 2, 1969 through June 28, 1969. PARTIAL Estimate #3 St. 1969-1 from June 2, 1969 through Sune 28, 1969 PARTIAL Estimate #3 Sanitary Sewer, Water, and Storm Sewer Improvement Pro7ect #90 from June 2, 1969 through June 28, 1969 Sergerson-Caswell, Inc, 13120 Wayzata Bouleuard Minnetonka, �linnesota 55102 Well and Pump Repair for Well #2 under Emergency Ordinance #414 Dunkley Surfacing Co., In. 3756 Grand Street N.E. Minneapolis, Minnesata Work done according to contract. Street Improvement Pro7ect St, 1968-1B $36,827.03 MAS Street Improvement Pro�ect St. 1968-2B $ 1,730.20 PAGE 24 $25,263.02 $ 468.34 $ 4,105.88 $ 1,841.33 $ 1,546.60 $38,557.23 MOTION by Councilman Harris to approve payment of the estimates. Seconded by Councilman Sheridan. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously. COMMUNTCATIONS A. U.S. ARMY CORPS OF ENGINEERS FLOOD DIKE EUND MOTION by Councilman Liebl to receive the communication from the Department of the Army, St, Paul District, Corps of Engineers dated July 15, 1969. Seconded by Councilman Sheridan. Upon a voice vote, all voting aye, Mayor Kirkham declared the motian carried unanimously. � � L � � REGT7LAR COUNCIL MEETING OF J[7LY 21� 1969 PAGE 25 B. ROBERT LOUDEN; REGARDING SDD BEING INSTALLED BY STREET CONTRACTOR MOTION by Councilman Sheridan to receive the communication from Mr. R.C. Louden, 391 67th Avenue dated July 14, 1969 The City Engineer explained that it seemed that Dunkley Surfacinq Co. contracted with a bad sub-contractor and all the sod along 67th Avenue is poor. He said that every�hing will be taken care of and all the bad sod along 67th Avenue will be replaced. Mayor Kirkham agreed with Mr. Louden and said that he had trouble with his sod also. Councilman Sheridan asked when the sod was put in. The City Engineer said this year. Councilman Sheridan asked if all the other streets were a11 right. The City Engineer said yes, the only bad sod was on 67th Avenue. He said that he has told Suburban Engineering several times that this wi11 have to be taken care of. Mayor Kirkham added that there was also a]�ad hole in 67th Avenue that should be patched before someone damages their car. The City Engineer was to make note of this and refer the information to the Consulting Engineers THE MOTI01�1 was seconded and upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unana.mously, C. LAVERN E. DORNBUSCH. REOUEST FOR STOP SIGN ON ASHZ'ON AT 64TH WAY � MOTION by Councilman Lieb1 to receive the communication from Mr, Lavern E. Dornbusch dated Suly 10, 1969 and honor their request for a stop sign. Seconded by Councilman Sheridan. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously. '--i �J D. GEORGE M. HANSEN C0: SUGGESTIONS IN CONNECTION WITH ANNUAL AUDIT MOTION by Councilman Samuelson to receive the communication from George M. Hansen Company, Certified PuHlic Accountants, dated July 3, 1969, and refer to the Administration. Seconded by Councilman Sheridan. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously. E REPUBLICAN PARTY: PICNIC AT LOCKE PARK MOTION by Councilman Samuelson to receive the communication from the Fridley - Spring Lake Park Republican Club, Mrs. Virginia Wahlberg, City Chair- woman dated 3uly 17, 1969 and grant permissa,on to use Locke Park August 2D, 1969. Seconded by Councilman Liebl. Upon a voice vote� a11 voting aye, Mayor Kirkham declared the motion carried unanimously. ADJOURNMENT: There being no further business, Mayor Kirkham declared the Regular Council Meeting of July 21, 1969 ad�ourned at 1 15 A.M. Respectfully submitted, y��tf� �iZ� L�-�� Juel Mercer Secretary to the City Council /r // f:tf'!% � ��� ��q CiCii�,.- � ,� Jack O. Kirkham Mayor Ju ,1