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05/04/1970 - 00018813�I � , THE MINUTES OF THE REGULAR COUNCIL MEETING OF MAY 4, 1970 Mayor Harris Pro tem called the Regular Council Meeting of May 4, 1970 to order at 7 40 P.M. PLEDGE OF ALLEGIANCE: The Council and audience �oined in saying the Pledge of Allegiance to the Flag. INVOCATION: Reverend Bergren, Redeemer Lutheran Church offered the Invocation. ROLL CALL MENIBERS PRESENT: Liebl, Harris, Breider, Sheridan MEMB�RS ASSENT: Kirkham PRESENTATION OF AWARDS: Mayor Harris Pro tem read the Certificate of Appreciation and presented rt to � Mr. Thomas Myhra, and added 'nis thank you for his service. NOTE: The presentation of the Certificate of Appreciation for Mr. William Jensen was made later in the Meeting when Mr. Sensen arrived. The Adminis- tration was informed to forward the Certificate of Appreca.ation to Donald Mittelstadt who was not present. PROCLAMATION: FIRE 5ERVICE REWGNITION DAY Mayor Harris Pro tem read the Proclamation proclaiming May 9, 1970 as "Fire Service Recognition Day" aloud. MOTION by Councilman Liebl to accept the Proclamation. Seconded by Councilman Breider, Upon a voice vote, all voting aye, Mayor Harris Pro tem declare3 the motion carried. OF MINUTES OF THE REGULAR COUNCIL MEETING OF APRIL 20, 197D MOTION by Councilman Sheridan to adopt the Minutes of the Regular Council Meeting of April 20, 1970 as presented. Seconded by Councilman Breider. Upon a voice vote, all voting aye, Mayor Harris Pro tem declared the motion carried ADOPTION OF AGENDA: Mayor Harris Pro tem said that Stem #1 (NOrthern Paci£ic Railway Co. rezoning and , special use permit request) was to be deleted until they ask for it back on the Agenda. He said that 9A was to be added: Resolution requesting the Minnesota HIghtaay Department to install directional left turn arrows at S.H. #47 and 61st Avenue N.E.; and under communications to add D: Petition for fence in Melody Manor area; E: Holidap request, and F• Target request. � REGULAR COONCIL MEETING OF MAY 4, 1970 MOTION by Councilman Breider to adopt Councilman Liebl. Upon a voice vote, declared the motion carried. VISITORS: PAGE 2 the Agenda as amended. Seconded by all voting aye, Mayor Harris Pro tem Mayor Harris Pro tem asked if there was anyone present who wished to speak on any non-Agenda type item, with no response. CONSIDERATION OF SHOREWOOD PLAT AND VACATION REQUEST, AND DISCUSSION REGARDING DELAY OF INSTALLING BRICK ON SEARS STORE. MAX SALITERMAN: (Tabled April 20, 1970) The Crty Engineer said that this was a request for the vacation of about 1's acres of property. He said that he would recommend that if the vacation takes place, there should be some negotiation for an exchange of property. This easement is for the drainage of the property down to Moore Lake. He said that he had requested Mr. Saliterman or his representative to be present. There was no representative present, so he suggested laying this over to later in the Meeting. ORDINANCE #452 - AN ORDINANCE TO AMEND THE CITY CODE OF THE CITY OF FRIDLEY, MINNESOTA BY MAKTNG A CHANGE IN ZONING DISTRICTS: STEVE CODDON: (ZOA #70-02 to rezone from C-1 to C-2, Generally located Ln the northwest coxner of 73rd Avenue and University Avenue and request for special use permit) The City Engineer said that this is the second reading of the rezoning ordinance for commercial zoning. He also wants a special use permit for a car wash having gasoline pumps. He is dividing the property into two sectians. The north one is for a self service type of operation and the south one is automatic. He said that the facilities seem to be satisfactory but he wanted to point out that there may be some car stacking problems at peak periods. He felt that this type of operation is sub�ect to peak penods. He requested an additional lane from University Avenue to the Servace Road, there is only one lane at this time. He poa.nted out that this building should be mostly brick as it would be setting a precident for the south end of Commerce Park. This should be a condition of the special use permit. Councilman Liebl said that he assumed that the road was designed for commercial enterprise and the City Engineer said yes, the road was designed for industrial and wmmercial use. Councilnan Liebl asked if the appla.cant was agreeable to the stipulations imposed. Mr. Ron Aeskin said yes, they agreed with woskinq something out. They plan on taking a portion of the green stxip and making the additional turning lane. Councilman Liebl said that the Ca.ty does not want to create a stacking problem and Mr. Heskin sazd that this is why the entrance and exit have been placed on the Service Road. Councilman Breider asked if the buzldinq would be brick. Mr, HesY.in said that this would have to be worked out. They would sather use stucco with a mansard roof, at least for the self service section. He felt that brick for the self service section would be uneconomical, but they were going to use brick for the automatic car wash. He said that they would meet the City's standards, however. He pointed out that all four sides of the bmlding are er,posed, and then showed an elevation of the Y�uilding. Council- man Harris pointed out that this would be brought before the Building Standards - , � L 1 � � REGULAR COUNCIL MEETING OF MAY 4� 1970 PAGE 3 � Design Control Subcommittee for their approval. Others in Commerce Park have been requa.red to come up to the City's standards as far as the brick is con- cerned. Mr. Heskin said that their contractor looked over the various types of building materials and came up with what he felt to be the best and most economical. Councilman Harris said that this request will have to come back before the Council before the permit is issued anyhow. Mr. Heskin asked if the special use permit would be granted when the plans are approved and Councilman Sheridan said yes, it would not make sense to grant a special use permit for sometha.ng that may not go in there. There is a possibility that after their deliberations, they may decide not to build there and the special use permit would be useless. MOSION by Councilman Breider to adopt Ordinance #452 on second reading, waive the reading and order the publication withheld until the plans are approved and the special use permit granted. Seconded by Councilman Sheridan. Upon a roll call vote, Sheridan, Liebl, Harris and Breider voting aye, Mayor Harris Pro tem declared the motion carried. � CONSIDERATION OF 5ECOND READiNG OF AN ORDINANCE FOR VACATION OF ACCESS ROAD GENERAI,LY LOCATED BETWEEN BENSAMIN AND STINSON BOULEVARD, NORTH OF GARDENA AVENUE: REQUEST BY LORRAINE KUSCHKE: The Crty Engineer said that this item had the first reading wrth no ob�ections, but now there is some concern by some of the property owners using this access. � Mr P.W. Carlson, 1633 Gardena Avenue N.E., asked why this was turned back to the City. The City Engineer explained that originally this was a 12.7' easement and she wanted to get a mortgage on her property to sell it, so she gave the City a deed for this property. Since then she has remarried and is living in the house, does not want to sell it, and would like to have the property back. Mr. Carlson sai3 that he lives on the same street and did not know about this before a few days ago. There are two other persons using this easement besides Mrs. Kuschke. He wondered how she could deed this to the City without the other people being informed. The City Engineer said that she owned the property and that Mr. Carlson has an easement over it. He said that he would still have the right. Mr. Carlson asked if the City would maintain it, and Councilman Sheridan said that the City does not maintain less than 40' street right of way with a driving surface. This is only 12.7'. Councilman Harris pointed out that Mr Carlson would still have the same easement and his access would not be taken away. Councilman Sheridan said that this was a private easement until she dedicated it to the City. She owned the property. Mr. Carlson said that she had to drive across their property to get to their house and could not see how she could own it. Councilman Sheridan said that the information the City had was that she was the owner and she had fee title. He suggested that as there is some question raised that perhaps it should be turned back to the legal depart- ment for further sGUdy. The City Engineer pointed out that the City filed the deed, so she must have been the property owner. With the request to have the property turned back to her, the City Attorney advised that the Crty should go through the legal steps for a vacat�on. The City Engineer agreed that as there � is some concern shown on the part of the other property owners, that this should be researched to assure these people that they will not be losing anything. MOTION by Councilman Sheridan to table consideration o£ this ordinance for the vacation request by Lorraine Kuschke, and refer to the legal department for further research. Seconded by Councilman Breider. Upon a voice vote, all voting aye, Mayor Harris Pro tem declared the motion carried. 0 RCGULAR COUNCIL MEETING OF MAY 4, 1970 PAGE 4 ORDINANCE NO. 453 - AN ORDINANCE AAQENDING 'PHE CITY COIIE BY PROVIDING SECTION 2.05 TH�REIN AND PROVIDING FOR THE APPOINTMENT DF A DEPUTY CITY CLERK: MOTION by Councilman Liebl to adopt Ordinance #453 on second reading, waive the reada.ng and order publication. Seconded by Councilman Breider. Upon a roll call vote, Harris, Breider, Sheridan and Liebl voting aye, Mayor Harris Pro tem declared the motion carried. FURTHER DISCUSSION OF CITY ATTORNEY MEMO ON HYDE PARK IMPROVEMENT AND REZONINGc (Tabled Apri1 20, 1970) Councilman Liebl asked the favor of the Chair to let Councilman Sheridan preside, if Councilman Harris would be willing to move for reconsideration. He was on the prevailing side on the motion, so the motion for reconsideration must come from ha.m. Councilman Sheridan agreed that the only way that this can be reconsidered is if the prevailing side were to bring it back. He understood from the last meeting tha t the intention was to bring it back for a full Council, but that is not possible tonight because of Mayor Kirkham's illness. Councilman Harris agreed that it should be a full Council. Councilman Liebl commented that the Mayor said at the last meeting that he had gotten the message from the people present and that he desired the people to write to him letting their wishes be known. He said that he assumed that the Council was fully aware of what the intentions of the people � in the Hyde Park area are. He said that he thought that the people are entitled to know why Councilman Harris turned this ordinance down on second reading. Why did he change his rnind? Councilman I-Iarris said that he has stated his reasons publicly and they are a matter of record. Since the first reading, he has discussed this item with the members of tne Planning Commission. He said that he did this because of questions raised prior to the second reading. The Planning Commission voted 5 to 0 to turn down the proposal accepted by the Council, and offered instead a plan to the Council and the people in the area, that the City spent some $2500 on for the planner. He said that he had dis- cussed this plan further and is convinced that this plan is superior to the plan accepted by the Council. He said that he was not against the rezoning and that this area must be cleaned up, but he felt that a better method of arriving at a solution could be £ound. He said that today, and in the past, he does support the rezoninq of Hyde Park, but he does not support the plan approved. Mr. Don Weeding. 247 5�th Place N.E., said that he has not seen any of these plans. He said that about three years ago they tried to stop some spot zoning, speaking of Holiday. Counc�lman Harris asked if he was in attend- ance at the Planning Commission Meetings when these plans were discussed. Mr. Weeding said that he was not sure, he had been to so many meetings. Councilman Harris said that the planner made a study and came back to the Planning Commission with his recommendation with a couple of alternates. � This was presented to the Planning Commission as a feasible and workable plan, based on a commercial zoning. He said that there has been a lot of time spent on this area, and he assured Mr. Weecitng that he was not against the rezoning, it was 7ust that he did not feel that the plan accepted was the best plan for Hyde Park. Mr. Weeding said that after three years he felt that there should be some action. � REGULAR COUNCIL MEETING OF MAY 4, 1970 PAGE 5 � Councilman Liebl said that the Council unanimously re7ected the plan done by the professional planner, and instructed the City Manager to draw up a - plan for the approval of the Council, which he da.d and it was approved. After that the slip-off was approved and the Highway Department was approached for their approval. After the slip-off approval and the first reading there was a delay in seating the First Ward Councilman, then therewas the second reading, which failed. He said that he was under the impression at that time, that he did have the ma7ority vote. He sazd that if Councilman Harra.s was sincere, he should not have voted against the Planna.ng Commission pro- posal. The Councilman At Large is elected to serve the people to the best of his ability, and the people of the Third Ward want responsible leadership from the Councilman At Large. The people from Hyde Park then applauded in support of Councilman Liebl's stand. Councilman Harris said in reply to Councilman Liebl that when the first discussions wexe held on the plan done by the planner, it was felt that they were too bold. He felt that the Council did not get an adequate chance to sit down with the Planning Commission and go over the plans thoroughly. He said that it is his prerogative, as a Councilman, to change his mind, and he did so with a clear conscience. He said that it was not in line to chastise a member of the Council for changing his mind. He said that he wanted the people in the area to be fully aware of what this would mean to them. The City ordinance does say that there must be 200 feet frontage and this could put some people in the position of not being able to use their � property. He said that if it is the decision of the people that they are willing to assume the consequences and the problems built into this type of plan, and if the value of the property does not come up to their ex- J pectations, he did not want them to come back and point a finger at him, as he has done his best to protect them. He then asked for a raise of hands of those in favor of the rezoning as proposed, and about 25 people raised their hands, with no one in opposition. Councilman Harris then said that it appears that the ma�ority of the people want the pro7ect as a.t stands. MOTION by Councilman Harris to bring the Ordinance back for reconsideration. Councilman Harris said that if this rezoning should be passed this evening, he wanted it known that if someone is disappointed in the rezoning and their expectations do not come to pass, that he has issued his pleas to the people for reconsideration. Interim Chairman Sheridan called for a second. THE MOTION seconded by Councilman Liebl with the comment that this motion did come from the prevailing side. Mrs. 0'Serg asked if the Counc.tl was talking about the improvements or the rezoning. Interim Chairman Sheridan said that the rezoning was under con- sideration. The acta.on of the Council would be the second reading of the Ordinance for rezoning. Mrs. O'Berg wondered why put in the slip-off when it is not known what type of businesses would be going in there, and felt that this should wait. � Nlr. Carl Paulson asked a.f the 200 foot frontage min�.mum would be unconstitutional, and the City Attorney said no. Mr. Paulson asked what people would do with _ with the small lots and the City Attorney said that they could merge with other property owners, or appeal for a waiver under hardship. Councilman Sheridan explained that this is part of an ordinance already passed by the City and was done prior to the first reading of this ordinance. Councilman Harris � REGULAR COUNCIL MEETING OF MAY 4, 197D PAGE 6 said that this was one of his original fears, that there would be some isolated lots that could not be used. There is a minimum of 25,D00 square feet required. Mr. Andrew Kohlan said that the proposed suit against the City is being held in abeyance until the determination of the Council is made. Councilman Liebl pointed out to Mr. Paulson that Councilman Harris felt very strongly that there should be a minimum square footage. It was felt that if the parcel was bigger, it would give a commercial development a chance to grow. This was adopted for the whole of Fridley. THE VOTE UPON THE MOTION, being a voice vote, all voting aye, Intexim Chairman Sheridan declared the motion carried. ORDINANC� N0. 454 - AN ORDINANCE TO AMEND THE CITY CODE OF THE CITY OF FRIDLEY, MINNESOTA BY MAKING A CHANGE IN ZONING DISTRICTS• (Hyde Park) Interim Chairman Sheridan declared the Ordinance is now back on the table, and read the heading for the benefit of the audience, and said that he would entertain a motion for the second reading of the Ordinance. MOTION by Councilman Liebl to adopt Ordinance #454 on second reading as rt appears in March 16, 1970 Agenda, waive the reading and order publication. Seconded by Councilman Harris for discussion. Councilman Harris said that he has stated his fears and is willing to bow to the wishes of the people. If there are some changes in the area, he said that he hoped that they would be for the better. He said that he is willing to vote affirmative. UPON A ROLL CALL VOTE, Liebl, Harris, Bxeider, and Sheridan voting aye, Interim Chairman Sheridan declared the motion carried. The City Manager informed the people that 15 days after publication, this Orda.nance will become law. Mr. Eldon Schmedeke said thank you to Councilman Harra.s £or his motion for reconsideration, and that he wished Mayor Kirkham had been here to thank also. Councilman Liebl said that he would like to add his thanks to Councilman Harris, and added that he hoped for a prosperous development. CONSIDERATION OF REQUEST FOR PERMIT FOR DOUBLE BUNGALOWS IN HYDE PARK: ROBERT KALLSTROM: (Tabled April 20, 1970) MOTION by Councilman Sheridan to deny the request for a building permit in Hyde Park in light of the previous Council action in rezoning the area, and instructed the Administration to communicate this information to the applicants. Seconded by Councilman Liebl. Upon a voice vote, all voting aye, Mayor Harris Pro tem declared the motion carried. CONSIDERATION OF REMAINING APPOINTMENTS TO COMMITTEES AND COMMISSIONS: Councilman Sheridan said that he had talked to someone for the vacancy on the Plats and Subdivisions - Streets and Utilities Subcommittee, but did not � � 1 �� e REGULAR COUNCIL MEETING OF MAY 4� 1970 PAGE 7 � have their final approval, so he would like to table this item. Mayor Harris Pro tem said that the Human Relations Committee appointment would also have to wait due to Mayor Kirkham's illness. MOTION by Councilman Sheridan to table the remaining appointments to Plats and Subda.visions - Streets and Utilities Subcommrttee and the Human Relata.ons Commrttee. Seconded by Councilman Liebl. Upon a voice vote, all voting aye, Mayor Ha;eris Pro tem declared the motion carried. RATIFICATION OF RESOLUTION #80-1970 - A RESOLUTION PROVIDING FOR THE APPOINT- MENT OF MARVIN BRUNSELL AS ASSISTANT TO THE CITY M1IIQAGER AND PRESCRIBING HIS DUTIES: MOTION by Councilman Sheridan to ratify Resolution #80-1970 passed April 20, 1970. Seconded by Councilman Breider. Upon a voice vote, all voting aye, Mayor Harris Pro tem declared the motion carried. RESOLUTION #93-1970 - RESOLUTION REQUESTING MINNESOTA HIGHWAY DEPARTMENT FOR DIRECTIONAL LEFT�TURN ARROWS ON T.H. #47 AND 61ST AVENUE Councilman Liebl pointed out that there was a fatal accident at .this intersection this week end. MOTION by Councilman Sheridan to adopt Resolution #93-1970. Seconded by � Councilman Breider. Upon a voice vote, all voting aye, Mayor Harris Pro tem declared the motion carraed. CONSIDERATION OF SHOREWOOD PLAT AND VACATION REQUEST, AND DISCUSSION REGARDING DELAY OF INSTALLING BRICK ON SEARS STORE. MAX SALITERMAN. Mr. Virgil Herrick, representing Max Saliterman, said that a proposal has been worked out acceptable to the property owner and hopefully to the City of Fridley. Mr. William Jensen of Suburban Engineering is present as he did the work on the plat. There are easements provided where the utilities are located in the ground. Thexe is also a storm sewer easement running through the center of the plat. He said that this is good commercial property and the standards of the City are such that he did not feel that the City would want an open drainage ditch running throug h the Shopping Center. He said that they would enter into an agreement with the City for the future under- ground storm sewer, and grant an easement when it becomes necessary when the location is ascertained. There is some question whether rt would Qrain north to Rice Creek or south to Moore Lake. Mr. William Jensen added that the plat has been before the Planning Commission and at that time a minor correction was made relating to Lot l, Block 3 to cover the Planned Develop- ment District lot. This will be corrected on the final plat. Councilman Liebl said that there were some home owners concerned about the steepness of the slope ad�acent to their property. Mr. Herrick said that Mr. Saliterman asked the contractor to talk to the property owners and grade � as per their wishes after talking to them. Councilman Sheridan asked what if the property were to change hands. Mr. Herrick said that it could be made binding upon all heirs and assigns Mr. Herrick said that there is a questa.on if the storm sewer will be needed. It is not now determined how the pro- perty will develop and to give easements now would encumber the property. , ��� R�GULAR COUNCIL MEETING OF MAY 4, 1970 PAGE 8 The City Engineer said that the City of Fridley actually has title to the � property. It is about 1'� acres or about 71,000 square feet. If the system were to go to Moore Lake it could not be uncierground and it would have to be an open ditch. An underground system would have to be drained eventually to Rice Creek. In that event there would be a need for the storm sewer ease- ment. This type of system would be very expensive. If the Council is going to vacate he felt that the City should at least retain an easement and relocate it later if necessary. As long as the City would be relinquishing about 1'� acres, he felt that there should be some negotiation for an exchange of property. Mr. Jensen then showed the Council the Certificate of Title the City holds on the property, and Mr. Herrick added that the title specifies it is for storm sewer purposes. Councilman Sheridan asked the City Engineer if he had discussed a possible trade of land with Mr. Saliterman. The City Engineer replied that this would be a Counca.l decision, however, Mr. Saliterman is aware of the possibility Councilman Liebl said that if it as the recommendation of the City Engineer to retain enough land through an easement for an open ditch, he Pelt that his recommendation should be followed. He wondered how many feet that would be. Mr. Herrick said that the Engineers could get together before the final plat on the exact footage needed. He pointed out that there would have to be a public heanng and an Ordinance for the vacation of the property owned by the City. Councilman Harris said that the hearing could be held between the time of approval of the preliminary plat and approval of the final plat. MOTION by Councilman Sheridan to accept the preliminary plat subject to the � easements being dedicated, and noting that the storm sewer easement is actually owned by the City through title to the property. Seconded by Councilman Liebl. Upon a voice vote, all voting aye, Mayar Harris Pro tem declared the motion carried. RECESS: Mayor Harris Pro tem declared a recess from 9�05 to 9:22 P.M. PRESENTATION OF AWARD. The presentation of the Certificate of Appreciation to Mr. Willa.am Jensen was then made with Mayor Harris Pro tem reading the Certificate aloud. He added his thank you for Mr. Jensen's efforts on the Planning Commission. DISCUSSION REGARDING PROPOSAL BY DICK CARLSON OF PARK CONSTRUCTSON COMPANY FOR ACTING AS AGENT FOR THEIR PROPERTY, CHIES PROPERTY, MIKE O'BANNON PROPERTY �TC.: The City Enqineer said that Mr. Dick Carlson approached the City of Fridley in regard to these pzoperties, which have been a sore point with the Ca.ty, principally because of a lack of coordination. Now Mr. Carlson is proposing to act as the agent for these properties and try to get some grades estab- lished. � Mr. Dick Carlson said that he would ask the Council to grant an excavation permit. He would be acting as agent for the Chies property, O'Bannon property and Park Construction property to try to get some overall grades established and make the la nd ready for residential development. He said as � REGULAR COUNCIL MEETING OF MAY 4, 1970 PAGE 9 � the Council knows this has been a problem area. Four years ago Park Construction was granted an excavation permit, posted a bond and completed their portion of the work. He said that he has tried diligently to create an atmosphere conducive to a residential development He said that they were not builders, but land developers. He said that any prospective builder has been disillusioned at the rugged terrain and the chopped up area and this is an attempt to tie them all together into one buildable area. The only way to get this accomplished is if one contractor has the authority to work with the City toward an amicable solution. He said that they were as yet unaware of the amount of excess material on the Chies property, but there is some excess on the O'Bannon property. He said that he believed that sa.nce he wac up here last, Mr. Cochran's property has made a change in ownership. He said that he had a one year exclusive binding contract with Chies for the removal of any fill from the Chies property. Councilman Harris said that he thought that he considered his property done. Mr. Carlson said yes, unless his elevation will have to come up with the grading of the ad�acent properties. Their goal is to make one large buildable piece of land. Councilman Harris said that he appreciated the effort to bring the land up to one level. He thought that the Chies property was lower than the Park Construction property. Mr. Carlson said that it was higher He said that there is a possibility that there may be no excess fill to be removed. � Councilman Harris pointed out that there has been one bond cailed in, and commented that to date the property owners have not been able to get together and set any grades. He questioned whether the City would be any further ahead. Mr. Carlson said this property has remained stagnant and it is hoped that can get some home developers interested in the area. Councilman Harris asked if the material will be removed to make it level with Park Construction Company property. Mr. Carlson said that it would be removed in such a way as to not be harmful to the development, and so that the property is not chopped up. Councilman Sheridan said that he had reviewed this property wrth Mr. Carlson, and rt appeared that there may have to be some removed from the Chies property to blend the grade and a considerable amount from the O'Bannon pro- perty. He said that the property owners feel that with the amount of estimated soil that could be removed they can make the grade adaptable to development and that it would be feasible from a business standpoint. The Chies property has been a cancer to the City as far as this Council is concerned. He said that he was very pleased with the operation on the Park property. He said that because of Mr. Carlson's good worka.ng relationship with the City, he felt that something procluctive could be accomplished. Mr. Carlson said that he would like to have the Council grant the City Engineer the autkPKity to work with them on s�tting out the proposed grades so that they would have something to work with. At this time if they hire an engineering firm, they may be expending money £or nothing. Mr. Carlson � said that the O'Bannon property is the control and the other properties have to be blended into his. Park Construction property is mined as much as possible. By contouring the property a suitable bland could be attained. He said that when they da.d their work they did oil the streets to keep down the dust for the benefit of the neighbors. If granted a permit, they plan to do this again, and they also plan on posting a bond. Once the grading is � �) REGULAR COUNCIL MEETING OF MAY 4, 1970 PAGE 10 started, some of the holes could be filled. Councilman Harris said that there have been some calls about these holes from residents concerned about the safety aspect. The City Enga.neer said that he had met with Mr. Carlson and looked at the property He said that he was sure that he could work with Mr. Carlson as he has done successfully in the past. The southwest corner of 0'Bannon's property is low. If the Council allowed it to be a retention basin, then there would be one set of street grades, but if they feel that they do not want a retention basin, then there will be another set of street grades. There are big holes now on the O'Bannon property that act as a retention basin. Mr. O'Bannon then went to the screen and pointed out his area and the estimated elevations of the various parts of his piece of land. He said that there is never water standing in the holes. The City Engineer said that he agreed that there was no water standing now, but as the property develops there would be more run-off. The Council should decide if they want a � retaining basin or set the grades for a full system without a retention basin. Mr. O'Bannon said that he would prefer the retaining basin. It is all gravel and does not hold water. He said, pointing to the map that the elevation was about 890' at the top, 930' in the middle and about 890' in the southwest corner. Councilman Lea.bl said that he shuddered to think of another retention basin. He said that you would have to look at the overall picture and if tha.s would be the best solution. He did not want to retain a hazard or a problem. Mr. 0'Bannon felt that there would be only two lots, that would drain into the basin, the rest would drain out to the street. The City Engineer asked if he should set the grades for a retaining basin then. Councilman Sheridan said that this cauld be determined when all the grades are set. It would have to be determined if it would only drain one or two lots or a large area. MOTION by Councilman Sheridan to authorize the City Engineer to work with Park ConstructiDn to come up with a proposal for the grading of the Chies, O'Sannon and Park Construction property, with the grades to be set by the City Engineer and approved by Park Construction, and the plan returned for Council approval. The City Manager suggested that once the grades are proposed that it could be brought back to the Council. Nothing further could be done until the grades are set anyhow. THE MOTION seconded by Councilman Liebl. Opon a voice vote, a11 votingiaye, Mayor Harris Pro tem declared the motion carried. CONSIDERATION OF REQUEST FOR PERMISSION TO FILL AREA BETWEEN MISSISSIPPI AND RICE CREEK ROAD EAST OF CENTRAL AVENUE: (TED GONSIOR) The City Engineer said that this request is for the same general area as the previous request. The reason this is broughtto the Council's attention is that he wants to fill in some of the area which now serves as a retention basin. As the low land fills, it slowly drains into Moore Lake. If granted permission, he would like to fill over a period of time. He suggested that he could be allowed to bring up the edges of the property abutting streets higher than the middle, but this would cut down on the retention area. � � � �� REGULAR COUNCIL MEETING OF MAY 4, 1970 PAGE 11 � Councilman Sheridan felt that the Council must allow this man to utilize his land, The City Engineer said that the applicant would like to fill along Rice Creek Road in Parcel 620. He wants to fill as much as he can. Councilman Harris wondered if an elevation should not be set and have it brought back. Councilman Liebl commented that Lot 2 is very low, but the southerly lot on Rice Creek Road could be filled. Councilman Sheridan felt that he should have an elevation he could be allowed to come up to. MOTION by Councilman Sheridan to authorize the City Engineer to work with Mr. Ted Gonsior on the grading of Parcel 620, and set an elevation that he would be allowed to fill to. He could then return the plan to the Council and get a permit to fill to that level. Seconded by Councilman Liebl. Upon a voice vote, all voting aye, Mayor Harris Pro tem declared the motion carried. DISCUSSION REGARDING WATER AND SEWER SERVICE TO 6880 EAST RIVER ROAD: (M.P. SOZONY)• The City Siqineer said that on October 13, 1969 the Council authorized water and sewer services to be provided to 6880 East River Road. Some surveys have been run and service can be made by hooking onto the Hartman Circle line. Hooking onto the east side of East River Road would be an expensive type of venture. The proposal to the property owner was that the City would provide facilities to the southwest corner of the lot and also � provide the cost of an e�ector pump, including the installation, and the electrical service to serve the pump. The cesspool is at the back, so the plumbing is geared correctly. The cost would be $2,021.00. Some of the work can be added to other contracts. There is $950 for which there is no bid on. All the equipment and services will be bought from different vendors. Councilman Liebl said that as was pointed out in the motion of last year, the City is obligated to give him service to the property line. In order to provide this service the City will have to do some additional work. He asked if the City was obligated to give him the hookup to the property. The City Attorney said only to the property line. Mr. M.P. Bozony said that he talked to Vern Olson, Plumber, and he recezved a letter from him which he read aloud. Mr. Olson indicated that there would be an additional cost of $250 for hooking up the sewer. The necessary pump is the result of not being abl� to hook onto the �ast River Road line. He said that he realized that he would be responsible for the hookup in the house, but this $250 is part of the installation cost of the pump. He said that Mr. Olson was going to come to his house the next day. Councilman Sheridan asked what the difference in elevation would be at the manhole outside of Mr. Bozony's property. The Crty Engineer said that there would be about S' of difference. It would be more costly to install the pump in the manhole as it would have to be protected from the weather. The cheapest way is to install it in the basement. Councilman Sheridan said that � there would have to be additional electrical service, and the City Engineer said yes, the higher voltage is needed. He said that rt appears the City will be paying about three times the amount he paid in assessments. Councilman Liebl pointed out that this assessment was levied some time ago when the costs were much less, and this is not this man's fault, it is a City obligation. � �; REGULAR COUNCIL MEETING OF MAY 4, 1970 PAGE 12 Councilman Breider questioned where the extra cost of $250 would come from. ' There is already a charge for connecting the ejector pump. He asked if there would not have to be quotes taken. The City Engineer said that if a 7ob is less than $5,000, it does not have to be let, but there would be three quotes taken. Councilman Sheridan said that originally he thought that this would be a structure outside of the home. After the 7ob is done, it would then be turned over to the property owner. The City Engineer agreed that once the City is done with it, a release should be signed and it a.s then the concern of the property owner. The City Engineer said that this type of service has been installed in other cases, but the propesty owner paid for it. In this case, this man has been assessed. The City Attorney suggested that there should be a formal release when the work is done. MOTION by Councilman Sheridan to authorize the expenditure of the necessary funds to provide sewer and water service at 6880 East River Road for Mr. M.P. Bozony, and get a formal release from him when the work is done. Seconded by Councilman Liebl and upon a voice vote, all -voting aye, Mayor Harris Pro tem declared the motion carried. CONSIDERATION OF REQUEST FOR APPROVAL OE PLANS FOR DRIVING RANGE NORTH OF 81ST AVENUE (ROGER SONES): ' The Crty Engineer said that the Council granted approval of the concept of this plan last November. Since that time Mr. Jones has had some title problems that are now straightened out and he is anxious to start. The land is to be divided into Tract A, B, and C by a survey, which will be coming before the Council. I-Ie explained that the black lines on the map in the Agenda are the existing easements and it was his recommendation that the petitioner should dedicate three additional easements, one along the east, one along the west side and one along the south side, to include an easement for a possible loopback. It is not known at this time what type of road pattern will be needed. If they are not needed in the future, they could be vacated. A driving range just has a short season and he is anxious to start. He plans on building a small building along the lines of a warming house and showed the plans on the easel. He said that he would recommend that the special use permit could be for three years, renewable for an additional two years, and at the end of five years the installation could be considered permanent and he would then be required to follow all the City Ordinances in regard to blacktopping, curb and gutter, etc. � Councilman Harris asked Mr. Jones if he was agreeable to this, and Mr, Jones replied that he was. Councilman Liebl agreed that the permit should be at least five years as he will be investing a considerable amount of money and it will take a few years to establish his business. Mr. Jones agreed and said that he would not get a return back on his investment in one year, and he felt that it should be a five year permit. A permit for an operation such � as this would give the City some control to assure them that he will not be running a shoddy business. The City Engineer said that the petitioner should also be willing to go along with the water, sewer and storm sewer improve- ments when they go in. This area is industrial and will eventually develop as such. � j REGULAR COUNCIL MEETING OF MAY 4, 1970 PAGE 13 � Mr. Ittchard Harris said that he was very much in favor of something going into this piece of land. He asked about how large the loopback would be. Councilman Harris said it would have to be 250 feet from the street, and would be about l� acre parcel. Mr. Richard Harris said that this would be another potential site for a gas station. The City Engineer pointed out that before a filling station could go in, the Council would have to grant a special use permit. Mr. Harris said that he was not quarreling with the loopback concept, but he wondered what would be done with these small parcels of land as more and more loopbacks are created. Mr. Jones asked how close the sign could be to University Avenue. The �ity Engineer said about 60 feet from the highway. Councilman Harris said that the sign ordinance would give him all the addrtional information he would need. MOTION by Councilman Breider to grant a special use permit to NLr. Jones sub- �ect to dedicating the three easements, submitt�ng a registered land survey, the special use permit to be for three years, renewable up to five years, at which time the business will be considered permanent and he will be expected to comply with all the Code requirements, and with the understanding that he will not oppose the sewer, water and storm sewer improvements when they go in in the future. Seconded by Councilman LiebL Upon a voice vote, all voting aye, Mayor Harris Pro tem declared the motion carried. � RECONSID�RATION OF BUILDING ON UNDERSIZED LOT, FRANK ➢IRCZ: (On Agenda at the request of Councilman Liebl) The City Engineer explained that Mr. Dircz owned three lots, and is trying to split them into two lots. He has a house on Lots 28 and 29 and he wants to split off 10 feet from Lot 30 and add to Lot 29 to make a lot 45.12 feet deep. The previous action by the Planning Commission was to deny the lot split, although the Board of Appeals approved of the variances requested Councilman Liebl pointed out that there was a petition from the neighboring residents in favor of his building a house on this lot. He said that as there was a membex of the Board of Appeals in the audience, he would like to ask him why the Soard of Appeals granted this request Mr. Mike O'Bannon said that when he was on the County Board he went to Mr Dircz and asked him to buy this additional lot in an effort to get it cleaned up. At that time the ta�ces on Lot 30 were $20, now they are $109 for this year. He felt that any lot that is taxed for $109 should be con- sidered a buildable lot. Mr. Dircz came befoxe the Board of Appeals and asked iP he could not put a small home on it. The Board of Appeals approved of his request, but from then on it was disapproved. Mr. O'Bannon felt that when being taxed to that extent, he should have the right to use the property to some advantage to himself. Councilman Liebl said that the applicant plans to face the house toward 3rd � Street, and the setback would be 35 feet. He did not £eel that there would be any trouble with vision while driving. He said that he had inspected this site, and did favor this request last year. He said that he would not like to see Lot 30 go back on the tax forfeit list, and would urge recon- sideration. � L� REGULAR COUNCIL MEETING OF MAY 4, 1970 PAGE 14 Councilman Sharidan said that he did not feel that the house should be , closer than 17=, feet from 49th Avenue for clear vision on any corner lot £or the safety o£ the travelling public. This would mean that the house width could be only 20 feet. � MOTION by Councilman Liebl to grant the lot split requested by Mr. Frank Dircz on Lots 29 and 30, Block l, Plymouth Addition, as shown on Page 73 of the May 4, 1970 Agenda. The motion was seconded and upon a voice vote, Breider, Liebl and Sheridan voting aye, Harris voting nay, Mayor I-Iarris Pro tem declared the motion carried. It was agreed that Mr. Dircz was to re-apply for the variances needed wrth the Board of Appeals. DISCUSSION REGARDING FENCING ON THE NGRTH SIDE OF COUNTRY KITCHElQ RESTAURFllVT: The City Engineer explained that the Council approved the plans for Country Kitchen previously, including a 3' high fence along the north side of the property. Now there is a request from the property owner to the north that the fence should be 6' high. Country Kitchen is willing to build it, but they are not actually in favor of it, and want to be assured that there will not be other similar requests. The property owner to the north has insisted on the 6' high fence and he did not want them to come back in later saying that the fence looks terrible. Mr. Arthur Lindquist, Country Kitchen said that they have of£ered the City , several dispensations. They have directed their personnel to keep the drapes closed on that side of the building, and have also changed the location of the fence slightly so that it would be actually 4' above the ground level. He said that they will agree, but they do object, as�it is felt that this will obstruct the view coming down University Avenue. Councilman Harris said that he would not favor the fence 6' high in view of the rezoning that �ust passed on the property to the north. Mr. Lindquist added that the re£use contaa.ners are enclosed in a 6' high xedwood £ence. The City Engineer added that there would also be plantings in addition to the 3' fence. Mr. Max Hapka said that they moved into this area in 1964 and thought that it would be a residential area. They also rel�uilt after the tornado. He said that he was not against progress, but they did want their privacy. He said that he did not see why when this was planned, they were not told. He said that they were also left out of the Hyde Park rezoning notices. He said that he was the owner of the property. Councilman Liebl said that they were on the mailing list, as he remembexed seeinq their names. Mxs. Aapka added that there are big windows in Country Kitchen that face their yard. �-1 3' fence will not keep people from looking ra.ght into her yard. She added that Holiday Car Care Center has a 6' fence. She felt that anyone in the restaurant could watch them in their home. Councilman Harris pointed out that it would be poor plannzng £or every ' business all up University Avenue in the newly rezoned area to put up 6' fences all around their property. Mrs. Hapka pointed out that there usually is not a residence across the street. Councilman Sheridan said that it was the policy of the Council to not put a fence on a street side. If it was an alley, or the back of the property, it would be a different matter. r f. ^�' REGULAR COUNCIL MEETING OF NIAY 4, 1970 PAGE 15 � Mr. Hapka said that Mr. Lindquist said that it would obstruct the view from the north, but they have a large sign out in front. He said that it a.s a very nice building, but they must insist on their pnvacy. Councilman Sheridan said that he could see no reason for changing the stipulation from the 3' fence. Councilman Liebl agreed and said that the Council has stipulated that there was to be landscaping to spruce up that side of the building. The Council has never permitted a 6' fence on the street side of a building. Councilman Breider said that he concurred. EOOD ESTABLISHNIENT LICENSE: Mr. Lindquist said that they are planning on opening Thursday and have appla.ed for a food establishment license. The Health Sanitarian has already inspected the property The City Manager said that the Health Sanitarian's report has not been received as yet, but the license could be approved sub7ect to his approval. MOTION by Councilman Liebl to grant a Food Establishment License to Country Kitchen, sub�ect to the approval of the Health Sanitarian. Seconded by Councilman Sheridan. Upon a voice vote, all voting aye, Mayor Harris Pro tem declared the motion carried. � � APPROVAL OF SPECIFICATIONS AND CALLING FOR BIDS ON iVEW FIRE APPARATUS: The Fire Chief said that last fall the Council authorized the preparation of the plans and specifications for a new pumper This will be the same as the one last purchased. The Fire Prevention Bureau Chief added that a.t is about two years between the call for bids and delivery of the pumper. He said that the City must think of the status of the total apparatus needs. Ther� is now a lag of about 2,000 gallons per minute short, and the ladder is about 20 years behind. He said that they can now pump about 3500 gallons per minute. He said that the City was getting into a marginal area as concerns what they could do, and as there is more industrial and commercial development, the load will be even greater. Councilman Harris asked about the purchase of used equipment because of the time element. The Fire Prevention Bureau Chief said that this was tried about 2 or 3 years ago and they d�id not have a very good experience with it. He said that there were some expensive repairs to be made on the engine and the pumper. He said that the Council should consider a bond issue to bring the equipment up to date, and that it could be worked out on about an 8 year basis. Councilman Harris asked the estimated cost of the new apparatus and the Fire Prevention Buraau Chief said about $42,000 for this unit. MOTION by Councilman Sheridan to approve the specifications for a new fire � apparatus and authorize advertisement for bids until July 6, 1970. Seconded by Councilman Breider. Upon a voice vote, all voting aye, Mayor Harris Pro tem declared the motion carried. � �a R�GULAR COUNCIL MEETING OF MAY 4, 1970 PAGE 16 COP3SIDERATION OF LIQSSOR STORE CLERKS (LOCAL �792) WAGES AND BENEFITS ' NEGOTIATIONS RECOMPIENDATIONS: The City �lanager commented that this was the same type of agreement as was reached with the bartenders and waitresses. MOTION Y�y Councilman Liebl to concur with the recommendations of the City Manager. Seconded by Councilman Sheridan. Upon a voice vote, all voting aye, Mayor Aarris Pro tem declared the motion carried. - CONSIDERATION OF REQUEST FOR OFF-CENTERING THE NEW HICKORY DRIVE (ST. 1970-1) REQIIEST BY WILLIAM C. HOFFMAN, COLONEL,(RTD.): The City Engineer explained that there is a letter in the Agenda concerning a request to off-center fhckory Drive. Mr. Hoffman would like to have the road stay at the same location as it is now, which is about 10 feet off- center to the east within the existing right of way of 60 feet. He said that all the property owners_that would be affected have been noti£ied of the proposed change. He said that he would like to make certain that everyone in the area concurs, and if so, he would like�Council approval. Normally a street is centered within a right of way. There are five property owners affected. He said that they wQUld like to start installation of the storm sewer ahead of the N.S.S.S.D. lines going through this area. Dr. Ted Lester said that he has had some discussion with his neighbors and � they would like the road to be located where it has been. There was a mistake many years ago, but as a result of the correction, there would be shrubs and trees lost. The other property owners in the audience indicated their agreement_ MOTION by Councilman Breider to approve of the-off-set of about 10 feet for Hickory Urive under Street Improvement Pro�ect St. 1970-1. Seconded by Councilman Liebl. Upon a voice vote, all voting aye, Mayor Aarris Pro tem declared the motion carried RECETVING THE MINUTES OF THE PLANNING COMMISSION MEETING OF APRIL 22, 1970: MOTION by Councilman Liebl to receive the Minutes of the Planning Commission Meeting of Apri1 22, 1970. Seconded by Councilman Breider. Upon a voice vote, all voting aye, Mayor Harris Pro tem declared the motion carried. AECEIVING THE MINUTES OF THE BUILDING STANDARDS - DESIGN CONTROL MEETING OF APRIL 23, 1970: CONSIDERATION OF A REQUEST TO CONSTRUCT A 4-PI,EX ON LOTS 28, 29� AND 30, BLOCK 15, HAMILTON'S ADDITION TO MECHANICSVILLE� THE SAME BEING 5381 STH STREET N.E., FRIDLEY, MINNESOTA. (REQUEST BY KOOTENIA BUILDERS, INC., 3525 WEST 29TH STREET, MINNEAPOLIS� MINNESOTA): The City Engineer said that this request is for a 4-plex on 5th Street N.E. � The applicant does not want to put in as much brick as the Ordinance calls for. The Building Board felt that this would be adequate and gave concept approval. �� � REGULAR COUNCIL MEETING OF MAY 4� 1970 PAGE 17 � Mr. Richard Harris said that they did approve of the concept, but a request for a permit has not been approved to date The applicant was having - problems with financing. There is a fairly sma11 plot. They originally proposed a five unit building, but they could not get the financing, so they cut it down to a four unit. If 80o brick was demanded it was felt that the cost per unit would be prohibitive. He said that the Building Board would like some direction from the Council in cases such as these, where it is a small building and the per unit cost would be very high with brick. Councilman Liebl said that the Council policy has been to try to improve the construction of the buildings that come before them. The Building Standards - Design Control should tr� to get the applicants to enhance their buildings as much as possible. Mr. Harris said that the builders were proposing al�ernate materials, and Councilman Harris commented that they should bring their plans before the Building Board, and then the Council, to let them see them. MOTION Hy Councilman Sheridan to receive the Minutes of the Building Standards - Design Control Subcommittee Meeting of April 23, 1970. Seconded by Councilman Liebl. Opon a voice vote, all voting aye, Mayor Harris Pro tem declared the motion carried. RECEIVING THE MINUTES OF THE BOARD OF APP�ALS MEETING OF A�RIL 29, 1970: � 1. A REQUE5T FOR A VARIANCE OF SECTION 45.053, 4S, SUBPARAGRAPH 3, TO REDUCE THE SIDE YARD ADJOINING AN ATTACHED GARAGE REQUIREMENT FROM 5 FEET TO 2 FEET TO ALLOW TAE CONSTRUCTIDN OF A DWELLING WITH AN ATTACHED GARAGE ON LOTS 41 AND 42� BLOCK 11, SPRING BROOK PARIC ADDITION, THE SAME BEING 266 ELY STREET N.E., FRIDLEY, MINNESOTA. (REQUEST BY MR. JACK BRUHN AND ASSOCIATES� INC., 5406 ELORIDA NORTH, CRYSTAL, MINNESOTAJ: Mr. Doc Farr, Building Consultant with Jack Bruhn and Associates brought his plans forward for discussion at the Council table. It was decided through the discussion that the applicants original plans are to be redrawn to show the garage being set back an additional 4 feet to allow more room to the lot to the west for further construction. MOTION by Councilman Breider to approve the variance as discussed. Seconded by Councilman Liebl. Upon a voice vote, all voting aye, Mayor I-Iarris Pro tem declared the motion carried. 2. A REQUEST FOR A VARIANCE OF SECTION 45.053, 4A, TO REDUCE TI-IE FRON'P YARD SETBACK REQUIREMENT FROM 35 FEET TO 24.4 FEET TO ALLOW THE CONS- TRUCTION OF A DWELLING WITH AN ATTACHED GARAGE ON LOT 11� AUDITOR'S SUBDIVISION #94, PARCEL 1530, THE SAML' BEING 5300 FILLMOR� STR�ET N..C. (REQUEST BY SAMES L. PETRON� 5600 ZELAND AVENUE NORTH, MINNEAPOLIS, MINNESOTA): � The City Engineer said that this request is for a variance from 35 to 24 4 feet for the construction of a new home. This is a long lot that has been sitting because of an oil pipe going through it. This setback would be the same as the house on the south side. �k REGULAR COUNCIL MEETING OF MAY 4, 197D PAGE 18 Mr. Mike O'Bannon, the property owner to the south said that he had no , ob7ection. Mrs. Bev Novalany, 1288 Skywood Lane N.E., said that there is a very sharp bank between their homes and since the dirt has been disturbed the sand has been washing down into her yard around her evergreen trees, and sh� was afraid that they would be killed. She said that she understood that they plan on sodding or putting in a retaining wall, but she wondered what could be done in the meantime to save hex trees. Councilman Harris asked i£ she had talked to the property owners Mrs. Novalany said that they had said that they woulrl sod, but by that time her trees would be ruined. Mrs. Petron agreed that they would be sodding, but not before construction is completed. The City Engineer said that not too much could be done, but suggested that a gully could be tried to make the water run to the west rather than to the north. Mrs Petron asked what would be their responsibility. Councilman Harris said that she would be responsible if it is her dirt washing onto Mrs. Novalany's land. Councilman Sheridan commented that there is an easement through between the homes, so a retaining wall could not be built, they would have to sod. MOTION by Councilman Shera.dan to grant the variance xequested by James L. Petron and ask the City Engineer to look into the erosion problem. Seconded by Councilman Liebl. Upon a voice vote, all voting aye, Mayor Harris Pro tem declared the motion carried. 3. A R�QOEST FOR VARIANCES OF SECTION 45.103, PP.R2\GRFIPH l AND SECTION � 45_103, PARAGRAPH 2, TO REDUCE THE LOT I1REA REQUiREMENT FROM 25�000 SQUARE FEET TO 17,000 SQUARE FEET AND TO REDOCE THE LOT WIDTH REQUIRE- MENT FROM 200 FEET TO 139 FEET, TO ALLOW THE CONSTRUCTION OF A DENTAL CLINIC ON LOT 6, AND THE SOUTFI � OF LOT 7, BLOCR 1, ERCO'S FIRST ADDITION, TI-I� SAME BEING 1281 MISSISSIPPI STREET, FRIDLEY, MINNESOTA. (REQUEST BE GEORGE L. WALQUIST, 4230 CENTRAL AVENUE N.E., MINNEAPOLIS, MINNESOTA): The Crty Engineer said that this request is for a dental clinic on Channel Road and Mississippi Street. There is also a request before the Planna.ng Commission for a lot split. They want to make three lots into two lots. Councilman Breider said that he would like to have Item 2 of the stipulations struck from the Board of Appeals Minutes which reads: "He owned the land prior to adoption of the new Zoning Ordinance". He said that he did not go along with this type of reasoning. MOTION by Councilman Sheridan to concur with the finding of the Board of Appeals and grant the vara.ances for George Walquist, striking Item 2, "He owned the land prior to adoption of the new Zoning Ordinance" from the Board of Appeals Minutes. Seconded by Councilman Breider. Upon a voice vote, a11 voting aye, Mayor Harris Pro tem declared the motion carried. MOTION by Councilman La.ebl to receive the Minutes of the Board of Appeals � Meeting of April 29, 1970. Seconded by Councilman Sheridan. Upon a voice vote, all voting aye, Mayor Harris Pro tem declared the motion carried. RECEIVING THE MINUTES OF THE PARKS AND REGREATION COMMISSION MEETING OF APRIL 27, 1970: MOTION by Councilman Liebl to table the Minutes of the Parks and Recreation �� � � � REGULAR COUNCIL MEETING OF MAY 4� 1970 PAGE 19 Commission Meeting of April 27, 1970, as they were not ready. Seconded by Councilman Breider Upon a voice vote, a11 voting aye, Mayor Harris Pro tem declared the motion carried. RECEIVING BIDS AND AWARDING CONTRACT FOR MOWING - SPRAYING SERVICE: (Bids opened 11:30 A.M., May 4, 1970) The City Manager said that there was only one bid submitted, from Don's Mowing Service, Donald Cutbirth. It has been three seasons since the prices have been changed. He recommended awarding the contract to Don's Mowing Service. Councilman Liebl said that he would like to publicly congratulate Mr Cutbirth on the fine �ob he has done. He has proveri very cooperative. DON'S MOWING SERVICE Tractor, with side arm mower Tractor w/pull mower or flail type or rotary type mower or equivalent Tractor Operator Riding Mower w/minimum 20" cut Truck - 1 Ton or Larger Truck Driver Cleanup man or 20" riding mower opexator Hand Mowing or cuttin� per man - per hour $6.50 per Hour $6.50 per Haur $3.50 per Hour $3.00 per Hour $7.00 per Hour $3.75 per Hour $3.00 per Hour $3.00 per I3our Spraying labor and equipment truck - spray unit - 2 men (cost of spray used is in addition to above) $3.00 per Hour MOTION by Councilman Liebl to concur with the City Manager and award the Mowing - Spraying Cont�act to Don's Mowing Service, Mr. ➢onald Cutbirth for the year 1970. Seconded by Councilman Breider. Upon a voice vote, all voting aye, Mayor Harris Pro tem declared the motion carried. Mr. Cutbirth commented that the Crty of Fridley has had many compliments in regard to their weed mowing policy. Fridley's problems are way down compared to those of adjoining communities. RECEIVING BIDS AND AWARDING CONTRACT, TOWING SERVICE: (Bids Opened 1:30 P.M., May 4, 197D) The City Manager said that the bids have not been analyzed as yet and he did not have a recommendation. He suggested that the bid award be made at the special Council Meeting of May 11, 1970. MOTION by Councilman Sheridan to table the award of the towing service to the meeting of May 11, 1970. Seconded by Councilman Liebl. Upon a voice vote, all voting aye, Mayor Harris Pro tem declared the motion carried. �� �U REGULAR COUNCIL M�ETING OF MAY 4, 1970 PAGE 20 CONSIDERAPION OF REVISIONS IN AGREEMENT WITH METRO SEWER DISTRICT IN REGARD TO STREET REPLACENIENT IN 69TH AVENUE AND HICKORY DRIVE AREA: The City �ngineer said that on March 16, 1970 the Council approved of this agreement a.n regard to the replacement of some of the streets in this area. The Metro Sewer Board has agreed to the City's request. There is a reduction of about $3,000 and the total N.S.S.S.D. costs are now estimated to be $16,613.16. Councilman Harris asked what percentage this is of the total cost and the City Engineer said about 33o as applies to about two streets. MOTION by Councilman Sheridan to execute the agreement. Seconded by Councilman Liebl. Upon a voice vote, all voting aye, Mayor Harris Pro tem declared the motion carried. CONSIDERATION OF CEMENTING WALKWAY - TONY LANE, SYLVAN HILLS: The City Manager explained that this is a natural walkway and is used as a cut-through to get to Sylvan Hills Park. This has been inspected by the Parks and Recreation Dixectox and the Director of Public Works. There is an easement through there, and the sod gets worn away. His recommendation was to cement that portion between Rainbow Drive and Sunrise Drive and not do between Sunrise Drive and Star Lane unless there is a request for it. Councilman Liebl agreed he did not think that there should be anything done between Sunrise Drive and Star Lane. MOTION by Councilman Liebl to concur with the recommendation of the Public Works Director as outlined in his memorandum dated April 24, 1970, and proceed with the improvement. Seconded by Councilman Sheridan. Upon a voice vote, all voting aye, Mayor Harris Pro tem declared the motion carried. RECEIVING THE RECOMMENDED POLLUTION CONTROL - SOLID WASTE DISPOSAL ORDINANCE: The City Manager said that the Council could receive the Ordinance at this time, and study it for possible changes. He said that the Sanitarian, the Fire Prevention Bureau Chief and himself had gotten togethex ter work on!it, and tried to incorporate the old Ordinances, so that there would only be one Ordinance to refer to for information. Councilman Sheridan called the attention of the Council to Page 2, Paragraph 2, entitled: "Alternate Method of Refuse Collection and License Refund", and said that he did not agree with a refund of 75%, but felt that a refund should be prorated. MOTION by Councilman Sheridan to receive the Pollution Control - Solid Waste Disposal Ordinance. Seconded by Councilman Liebl. Upon a voice vote, all voting aye, Mayor Harris Pro tem declared the motion carried. CONSIDERATION OF S�WER BACKUP CLAIM. E.F. HINZ, 384 66TH MOTION by Councilman Sheridan to concur with the recommendation of the Director of Public Works and pay Mr. E.F. Hinz $100 on the sewer backup claim. Seconded by Councilman Breider. IIpon a voice vote, all voting aye, Mayor Harris Pro tem declared the motion carried. L _1 � ' �� REGULAR COUNCIL MEETING OE MAY 4, 1970 YAGE 21 � RECEIVING THE EAST RIVER ROAD STUDY PREPARED BY BATHER ENGIN�ERING: The City Engineer explained that there are some T.O.P.I.C.S. monies available on a first come, first serve basis, and the County is going to try to get it scheduled next year. This is basically the same plan we had submitted three years ago. He said that there was a light provided for on the south side of the Stevenson School, but none for the Georgetown apartments. He then placed the map on the easel for the Council to see. Councilman Harris suggested putting this on the Agenda for the next Monday night's Meeting as he did recognize there is a time element. This would give the Council time to study the booklet they received. He added that as to the intersection of East River Road and Mississippi Street, he felt that the total improvement should be done. The City Engineer pointed out that this would be very expensive. Councilman Harris felt that as long as an improvement is qoing to be made, it should be done right. MOTION by Councilman Sheridan to receive the report prepared by Sather Engineering. The motiQn was seconded and upon a voice vote, all voting aye, Mayor Harris Pro tem declared the motion carried. CONSIDERATION OF BY-LAWS FOR FRIDLEY INDUSTRIAL DEVELOPMENT COMMISSION MOTION by Councilman Breider to approve of the by-laws for the Fridley � Industrial Development Commission as set out by the City Attorney. Seconded by Councilman Liebl. Upon a voice vote, all voting aye, Mayor Harris Pro tem declared the motion carried. RECEIVING NSP REPORT ON KV TRANSMISSION LINES DATED APRIL 24, 1970. MOTION by Councilman Liebl to receive the NSP report dated April 24, 1970. Seconded by Councilman Sheridan. Mr. Richard Harris questioned what control the City has over the public sexvice utility companies. There was an excavation Ordinance passed, but the utility companies are excluded. On occasion one company cuts the under- ground cables of the other, and he felt that there should be some sort of coordination between the Telephone Company and N5P. Councilman Harris agreed that there seemed to be a need for some coordination when one company works within the other's right of way. Councilman Sheridan suggested that the Plats and Subdivisions - Streets and Utilities Subcommrttee could study what type of franchise they operate under and try to come up with some sort of a recommendation. Nlr. Richard Harris added that as the development increases, there will be more and more underground utilities. TAE VUTE upon the motion, being a voice vote, all voting aye, Mayor Harris Pro tem declared the motion carried. RESOLUTION #94-1970 - A RESOLUTION REGARDING ENTERING INTO AGREEMENT FOR � ESTABLISIIMENT OF JOINT LAW ENFORCEMENT COONCIL: The City Manager reported that there have been changes made to the by-laws as the Fridley Council requested. Councilman Breider added that there is a member of the City Council on the budget committee, and the budget committee presents the budget prior to the County Meeting. At that time the Council can see the budget. He reported that at the meeting he attended last � , _, REGULAR COUNCIL MEETING OF MAY 4� 1970 PAGE 22 Saturday there was some discussion on a project for a police training ' center, and an overall law en£orcement study program. Councilman Harris said that one of the fears he had was that the City would pay more through the Joint Law Enforcement Council on some pro�ect that the City could have done for the same amount of money on it's own. The City Manager said that the County Attorney had indicated to him that even if the City did not enter into the council, they would have the power to tax, and Fridley would end up paying, without representation on the council. Councilman Sheridan said that the City had the right to withdraw at any time. He said that as he is on the budget committee, he would try to hold the costs in line. FIe said that he thought that as a result of the questions Fridley raised, there was a better set of by-laws. MOTION by Councilman Breider to adopt Resolution #94-1970. Seconded by Councilman Sheridan. Upon a voice vote, all voting aye, Mayor Harris Pro tem declared the motion carried. RESOLUTION #95-1970 - A RESOLIITION TRANSFERRING FUNDS FROM THE REVOLVING FUND TO TI-IE 1969-1 STREET FUND (T.H. #47 WEST SERVICE DRIVE). MOTION by Councilman Liebl to adopt Resolution #95-1970. Seconded by Council- man Sheridan. Upon a voice vote, all voting aye, Mayor Harris Pro tem declared the motion carried. RESOLUTION #96-1970 - A RESOLUTION TRANSFERRING FUNDS FROM THE RE270LVING � FUND TO THE 1969-1 STREET FUD7D (POLK STREET): MOTION by Councilman Liebl to adopt Resolution #96-1970. Seconded by Councilman Sheridan. Upon a voice vote, all voting aye, Mayor Harris Pro tem declared the motion carra.ed. RESOLUTION #97-1970 - A RESOLUTION ORDERING IMPROVEMENTS, APPROVAL OF PLANS, AND ORDERING ADVERTISEMENT FOR BIDS: WATER PROSECT #98: MOTION by Councilman Liebl to adopt Resolution #97-1970. Seconded by Councilman Sheridan. Upon a voice vote, all voting aye, Mayor Harris Pro tem declared the motion carried. APPROVAL OF CHANGE ORDER #1, WATER IMPROVEMENT PROSECT #95, SCHEDULE A-1: MOTION by Councilman Sheridan to approve of Change Order #1 for Water Improvement Pro7ect #95, Schedule A-l. Seconded by Councilman Breider. Upon a voice vote, all voting aye, Mayor Harris Pro tem declared the motion carried. APPROVAL OF CHANGE ORDER #1, WATER IMPROVEMENT PROSECT #95� SGHEDULES A-2 AND A-3: MOTION by Councilman Sheridan to approve of Change Order #1 for Water � Improvement Pro7ect #95, Schedules A-2 and A-3. Seconded by Councilman Breider. Upon a voice vote, all voting aye, Mayor Harris Pro tem declared the motion carried. �� �� � i REGULAR COUNCIL MEETING OF MAY 4� 1970 LICENSES: CIGARETTE Barry Blower 99 77tn w�y � Fridlep, Minneso�a Dealers Mfgo 51j0 Main Street NE Fridley, Minnesota GIIN CLUB FMC Corp. 48th & Marshall Street NE Frzdley, Minnesota LIVES'POCK Ted Gonsios 1601 Rice Creek Road Fridley, Minne�ota "ON SALF" BEER Fridley VFW Post 363 1040 Osborne Road Fridley, S4innesot� SERVICE_ST9TION Frank's Sinclair 6290 Highway �65 NE Fr�dley, Mlnnesota � Moore Lake Union ']6 5695 Hackmann Av�nue NE Fridley, Minnesota Les's Standard �680 Highway #65 Fridlep, Minnesota Riverside Standard 8100 East Rivar Road Fridley, S4innesota TAXICAB _ Fridley CaU ' 5740 University Avenue NE Fridley, Minnesota FOOD �SmABLISFII ��NT *Barry Blower 99 77th way ri� Fridley, Minnesota * Venling i+fachities On1y By: Ileming Amusem=nt Coo By: Sir Vend Inco By: Ka Ko Knutzen By: Ted Gonsi�r By: Erling 0, Edw�rds By: Francis Wo Hunt By; �, Lo Egeres By: Lester Scha££san By: Frederick G, �oddin�ton By: Frar.lc Me Cabrelcik By: De�ing Avusement Co �� . ., _ PAGE 23 APPROV�D BY Chief �f Po1�ce Chi�f of Poltce Chief o£ Pollce Building Inspectc Chief of Police Health Inspector Building Insp�ctc Fire Inspector Building Inspectc Fire Insp.ctor Building Inspectc Fire Inspector Building Inspectc Fire Inspector Chia£ of Folice Health Insp�ctor � , � �� � i AEGULAR COUNCIL MEETING OF MAY 4� 1970 LICENSES CONTSNUED. FOOD ESTABLISHPIENT Conto Big B's Pizza 64%9 University Avenue NE Fridley, Minn�sota Bob's Produce Ranch 762G University Avenue NE Fridley, Minn�sota Brothen, Inc, 7501 Commerce Lane NE Fridley, Minnesota *Dealers Mfg. Coo 5130 ATain Street NE Fridley, PZinnesota *-Designware Industries, Inc, 6536 Main Street NE Fridley, Minnesota #Donelyn Mfga �231 Baker Street N� Fridley, Minne,s�ta Canteen Corp - FMC Corp ¢Sth & Marshall Street NE Fridley, Minnesota �Frldley DX Station 5701 University Avenoe NE Fridley, M�nneaota #Fridley 66 Stati�on 5667 Universitp Avenue NE Fr�dle}�, M�nnesota *Gordys Count,ry Boy 1042 Osborne Ro�d Fridley, Minnasota *-Holly 66 Station 6300 University Avzn��e NE Fridl�=y, Mirn��ota Ir-v's Billiard Center 623% University Avenu� PIE Fridley, Minnesota *Midland Co-o� Horyo 694 & Main Street NE Fridley, Minnesota McGljmn Bab:eries, Inco(T'ar�et� 755 �3ra Asemze DiF Fri�lley, T�Iinnes�ta Unity Hospital 550 Osborne Road N'�' Fridley, Minnesota * Vending Machixies Ott1y 0 Bye George A, Regan �y; Robert Scnroer By: Ro1f Brothen By: Sir Vend, Inc, By: John A, Erickson By: EMA Vending By: Henry J, Boudin By: Superior Music Coa By: SUPETIO?' Mu�1C CO. By: Seven-Up Bottling Co, By: Superior Music By: Patric� Bo Collier By: �Tiking Elnterprises By: Norman £erglund By: E, Ho1m 0 �_ � PAGE 24 APPROVD BY � Health Inspector Health Inspector Health Insp�etor Health Inspector Hea7th Inspector Health Inspector Health Inspec'tor Health Inspector Health Inspec+o� Health Inspector Health Inspector Health Insp�>ctor Health Inspecto^ � Aealth Inspectcr� Health Inspector c� � �- � -- � �tEGULAR COUNCIL MEETING OF MAY 4, 1970 LICENSES CONTINUED. EXCAVATING Ted Renollett 927 Andover Boulevard Anoka� Minnesota GAS SERVZCES Gas Supply, Incorpotated 2238 Edgewood Avenue South Minneapolis, Minnesota Kal's Plumbing & Heating 7101 Sdest Palmer Lake Drive Srooklyn Center, �finnesota Mi11 City Reating & A/C Co. 13005 B 16th Avenue North Minneapolis, Minnesota GENERAL CONTR<ACTOR Amber Construction 6156 Stinson Boulevard Minneapolis, Minnesota Briarwood Homes, Incorporated 780-lOth Street N.W. Apt. 3 New Brighton, Minnesota Calhoun Buildess� Incorporated 2920 Irving Avenue Sr�uth Minneapolis, Minnesota Donco Builders, Incorporated 1052 Osoorne Road ti.E. Fridley, Min�sota Milfred R. Johnson Co. 1011 West SOth Street Minneapolis, Minnesota Midwest Mechax}ical Services 340 Taft Street Vortheast Minneapolis, Minnesota Random, Incorporated 700-77th Street Circle PLnes, Mtnnesota By: Ted Renollett By: S. R. 1QavLCkas By: Edward Kaliszeuski By: Wm. H. Stevenson By: Norman A. Dalberg By: Dennis Rurns By: M. T. Campion By: Roger Larson By: Milfred R. .7ohnson By: Zollie Baratz By: Ray A. Stanlc} , PAGE '25 APPROVED BY Bldg. Insp. Plbg. Insp. Plbg Insp, Plbg. Insp. Bldg. Insp. Bldg. Insp. Bldg. Insp. Bldg, Insp. BLdg. Insp. Bldg. Insp. �i1dg. Insp. `� �e �1 � r A 2 �.� REGUI.AR COUNCIL NIEETING OF MAY 4, 197D LICENSES CONTINUED. GENERAL CON'1RACTOR (CONTZ Hugo Skrandies Construction 195 Hugo Street Fridley, Minnesota So E. Templin Construction Co, 6184 Stinson Boulevard Eridley, Minnesota Thor Construction Company 7101 N.E. Highway �'665 Minneapolis, Minnesota HEATING Faircon, Incorporated 2021 West County Road "C" Roseville, Minnesota Mill City Heating & A/C Co. 13005 B 16th Avenue North Minneapolis, Minnesota MASONRY M. ii. Johnsnn Company 1011 West 80th Street Minneapolis, Minnesota A1 Zeis Cement Company, Inco 225-94th Avenue N.W. Coon Rapids, Minnesota WELL DRILLING Mork Well Company 9025-36th Avenue North Minneapolis, Minnesota MASONRY Lakeland Brick & Stone Znc. 147 Craigway N,E. Fridley, Minnesota By: Hugo Skrandies Bya S. E. Templin u PAGE �6 APPROVED BY Bldg. Insp. Bldg. Insp. By: Russell P. ,Torgenson B1dg. Insp. $y: William R. Forder Plbg. Insp. By: Wm. H. Stevenson Plbg Insp By: Milfred R. Johnson Bldg. Insp. By: Allen Zeis Bldg. Insp. By: Roger A. Danielson Plbg. Insp. By: Kirylo Czichray Bldg. Insp. MOTION by Councilman Sheridan to aporove the foregoing licenses. Seconded by Councilman Breider. Upon a voice vote, all voting aye, Mayor Harris Pro tem declar�d the motion carried. 0 `_ �-' , � � iA� I , �..J � � r, r, d REGULAR COUNCIL MEETING OF MAY 4, 1970 CLAIMS: PAGE 27 MOTION by Councilman Liebl to approve payment of General Claims #21218 through #21321 and Liquor Claims #4407 through #4443. The motion. was seconded and upon a voice vote, all vota.ng aye, Mayor Harris Pro tem declared the motion carried. ESTIMATES• HarTy S. Horwrtz & Co., 1411 llth Avenue South Minneapolis, Minnesota Inc. 55404 FINAL Estimate #12 dated April 29, 1968 for Mechanical Work, Fridley Civic Center E.H. Renner & Sons 5465 County Road 18 North Minneapolis, Minnesota 55428 FINAL Estimate #3 for construction of Water Improvement Pro7ect #95, Schedules E and F Keys Well Drilling Company 413 North Lexington Parkway St. Paul, Minnesota 55104 FINAL Estimate #6 for construction of Water Improvement Pro7ect #95, Schedule A-2 and A-3 - Well #12 and #13 according to contract FINAL Estimate #6 for construction of Watex Improvement Pro7ect #95, Schedule A-1 - Wells #1D and #11, according to contract $ 300.00 $ 7,914.30 $34,988.52 $15,026 15 Councilman Liebl asked about the air conditioner for the Crty Hall, and if a.t was working properly. The City Manager said that the problem stemmed from an improper air mixture from outside. He added that the guarantee still covers roof problems. MOTION by Councilman Sheridan to approve payment o£ the foregoing estimates. The motion was seconded and upon a voice vote, all voting aye, Mayor Harris Pro tem declared the motion carried. TRATLER PERMIT APPLICATION: NORTHERN PACIFIC RAILWAY COMPANY. MOTSON by Councilman Sheridan to grant the trailer permit requested by Northern Pacific Railway Company. Seconded by Councilman La.ebl. Upon a voice vote, all voting aye, Mayor Harris Pro tem declared the motion carried. � CONL�IUNICATIONS: A. LETTERS REGARDING REC CHARGE REFUND• Mrs. William S. Moen & Release from Jerry's Plumbinq & Heating Fouz2 Rehani Smith and Andersin, Inc. Edward E. Rush � n Lr 'C � REGULAR COUNCIL ME�TING OF MAY 4, 1970 PAGE 28 MOTION by Councilman Liebl to receive the communication from Mrs. William � S. Moen dated April 18, 1970 with the release from Jerry's Plumbing and Heating, the communication from Fonzi Rehani dated April 10, 1970, the communication from Smith and An.derson, Inc. dated April 29, 1970, and the communication from Edward L^.. Rush dated April 30, 1970. Seconded by Councilman Breider. Upon a voice vote, al1 voting aye, Mayor Harris Pro tem declared the motion carried. B CITY ATTORNEY: STOAM SEWER PROJECT (SPRING LAKE PARK/FRIDLEY): MOTION by Councilman Sheridan to receive the communication from the City Attorney dated April 30, 1970. The motion was seconded and upon a voice vote, all voting aye, Mayor Harris Pro tem declared the motion carried. C. DEBBIE THOUR: REQUEST BURNING LAW MOTION by Councilman Sheridan to receive the communication from Debbie Thour dated April 29, 1970. The motion was seconded and upon a voice vote, all voting aye, Mayor Harris Pro tem declared the motion carried. The City Manager reported that any requests for outside burning now go through the Pollution Control Agency. Councilman Harris said that he would like to see the Ordinance enacted, and added that rt would seem to be possible sznce the refuse haulers have been so cooperative. D. PETITION NO. 3-1970 - REQUESTING FENCE IN MELODY_MANOA AREA ON � JACKB�pN STREET BETWEEN LYRIC LANE AND OSSORNE ROAD MOTION by Councilman Breider to receive Petition #3-1970. Seconded by Councilman Liebl. Upon a voice vote, all voting aye, Mayor Harris Pro tem declared the motion carried. The City Engineer said that the apartment house developers have provided about 50 poplar trees to form a barrier between their complex and the residenta.al area. There is no parking, this is lawn area. Councilman Harris commented that with Woodcrest School to the east the children probably cut through the lawn and a fence may be in order. The City Engineer said that he would try to qet their cooperation in putting up a fence. E. HOLIDAY VILLAGEF STORAGE OF TABLES DURING WINTER MONTHS MOTION by Councilman Liebl to receive the letter from Holiday Village dated April 22, 1970, concur with their request, and instruct the City Manager to inform them of the Council concurrence. Seconded by Councilman Sheridan. Upon a voice vote, all voting aye, Mayor Harris Pro tem declared the motion carried. F. TARGET REQUEST: PROPOSED PAVING TO WEST OF BUILDING: The City Engineer said that his recommendation would be to proceed with a ' public hearing for the improvement, and assess the improvement back to the property owner. The City Manager suggested writing them a letter stating that the Czty intends to hold a public hearing in the near future For the improvement with an equitable assessment. REGULAR COONCIL MEETING OF MAY 4, 1970 PAGL 29 � MOTION by Councilman Liebl to receive the communication from Target Stoxes, Inc. dated April 28, 1970. The motion was seconded and upon a voice vote, all voting aye, Mayor Harra.s Pro tem declared the motion carried. ADSOURNMENT: MOTION by Councilman Liebl to ad�ourn the Meeting. The motion was seconded and upon a voice vote, all voting aye, Mayor Harris Pro tem declared the Regular Council Meeting of May 4, 1970 ad7ourned at 12:45 P.M. Respectfully submitted, � � ` �-� ��c!�% itC/i�E:'�F./ , <<- �� L i �� . � � �` . _ . Suel Mercer Jack 0. Kirkham i Secretary to the City Council Mayor � � E� �,