05/11/1970 - 00018791.� K �
THE MINUTES OF THE SPECIAL PUBLIC HEARING AND WORKSHOP MEETING OF MAY 11� 1970
Mayor Harris Pro tem called the Special Public Hearing and Workshop Meeting
of May 11, 1970 to order at 7:45 P.M.
PLEDGE OF ALLEGIANCE:
Mayor Harris Pro tem asked that the auda.ence �oin the Council in saying the
Pledge of Allegiance to the Flag.
ROLL CALL:
MEMBERS PRESENT Liebl, Harris, Breider, Sheridan
MEMBERS ABSENT. Kirkham
ADOPTION OF AGENDA:
Mayor Harris Pro tem said that there were two communications to add. A:
Letter from Andrew Kohlan saying Thank You for the reconsideration of the Hyde
Park Ordinance, and B: Communication from NSP requesting termination of the
weekly reports.
MOTION by Councilman Sheridan to adopt the Agenda as amended. Seconded by �
Councilman Breider. Upon a wice vote, all voting aye, Mayor Harris Pro tem
declared the motion carried.
PUBLIC HEARING ON THE FINAL ASSESSMENT ROLL FOR STREET IMPROVEMENT PROJECT
ST. 1969-1:
Mayor Harris Pro tem read the Notice of Hearing aloud to the audience, and
said that the streets would be taken in the order in which they appear.
Polk Street Lynde Drive to 323.46 Feet South
The City Engineer reported that this is the project basically completed last
year. There is some minor work left, and still some money left to be paid.
Mayor Harris Pro tem said that the assessment rate with curb is $9.81 per
foot and without curb is $6.92 per foot, and asked if anyone wished to speak
with no response.
West Service Road of T H. r�65: Railroad Right of Way to 73rd Avenue
Court In Swanstrom's Court Addition
Mr. L.A. Brills, 1337 Skywood Lane N.E., said that he has Lot 7, Block l,
Swanstrom's Court Addition and said that he did not feel that he should be
assessed, although he did not ob7ect to the construction. He said that he
receives no benefit Councilman Sheridan said that the assessment roll does �
not include Lot 6 or Lot 7 because of the previous understanding. Councilman
Harris added that rt was thc decision of the Council that there was no benefit
because of the existing grade. Councilman Liebl said that this is no special
privilege, that if there is no benefit, there cannot be an assessment.
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SPECIAL PUBLIC HEARING NIEETING OF MAY 11, 1970
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� Mr. Kenneth HelPenstein, 1315 Skywood Lane N.E., said that he had Lot 10,
Slock 1 and happens to live on a corner lot He said that he could not see
how he would get more use out of the back street than his neighbor, yet he
would be paying much more. He said that he understood the reason for the
higher assessment was because he did have a corner lot. The Finance Director
said that the assessment policy used is the standard one used for all corner
lots. A corner lot would pay 1/3 at the standard rate, and the balance of
2/3 is broken up among the people down the block On Lot 10 he would be
paying for 41 feet or $548 for the side footage. The assessment for lots
backing onto the street is $4.42 per foot.
A member of the audience from the area said that years ago when the people
wanted the City to plow the street, they would not do it. Then George
Mewhorter wanted to develop the lots. The mistake was made then by the City
not requiring Mr. Mewhorter to put in the street to serve his lots. When
this street was proposed the residents came down to the meeting and said that
they did not oppose the construction, but they did oppose the assessment as they
felt that there would be no benefit. He said that he has already paid for
his street in front and uses the back street as an alley without the improve-
ment. He felt that this was legally not right. He said that he understood
that a corner lot is more At the time of the estimated assessment, the
charge was $1100. Councilman Sheridan said that it was about $900 now.
Councilman Sheridan said that this is a double £rontage lot, and for a lot
such as this the assessment is 250 of the assessment rate on the Prontage
� street. He pointed out that this man also has a side street. The member of
the audience said that he ends up paying for three streets. He felt that the
side street should be split up and paid for by everyone. Councilman Sheridan
said that it is '� way down the block for the corner lot. In this instance
this would be five lots. Councilman Harris added that the Council has stayed
with the same policy in regard to the corner lots and everyone is treated
alike. This may seem unfair to some people if they have to pay for three
streets. He said that as to the complaint on the snow plowing, the City
does not plow any streets until they are dedicated, because of the legal
ramifications on going onto private property.
Mr. Edward Slanger, 1316 Skywood Court N.E., asked if there would be any more
improvements, or if the work was done. The Crty Engineer said that curb and
gutter were not put in because of the high cost to tha.s area, and he assumed
that the Council would take this into consideration and there would be no
further improvements. Mr. Slanger said that they do not want concrete curb
and gutter. The City Engineer said that this could not be done without
another Public Hearing anyhow. There are no further plans for the street at
present.
Mr. Dave Abrahamson, 1349 Skywood Lane N.E., said that he lived on the turn-
around on the steep hill. He asked what would happen to this steep hill.
He saa.d that there were some complaints that it is unsightly, so what could be
done. The City Engineer agreed that it is unsa.ghtly, but explained that the
� slope would be very hard to maintain and if the dirt was disturbed there
would be erosion. A retaining wall a.s needed, but he said that he was sure
that the people did not want any more assessments.
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SP�CIAL PUBLIC HEARING NiEETING OF MAY 11, 1970
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Riverview Terxace Mississippi Place to Mississippi Way �
Councilman Liebl asked if Mr. Elmer Johnson had any of his land condemned,
and if so was he assessed also. His lots were cut to about 1/3 of the ori-
ginal size, and he would like to know if he gave this right of way without
reimbursement. The street was provided mainly for the utilization of the
apartment complex to alleviate the traffic problems caused by this complex.
The City Lngineer answered that the property used was a dedicated part of
the plat, and there was no condemnation. The right of way was dedicated
before the road construction was proposed.
Mississippi Way: East River Road to Riverview Terrace (South of
Fridley Park)
Councilman Sheridan pointed out that this was petitioned for 100%.
East Service Road of East R.iver Road: Starting from 1,000 Feet South
of South Leg of Interstate #694 Interchange N.E. to Railroad Right
of Way. (Tract ,T Proposed Registered Land Survey)
Councilman Harris said that this is the street serving Plywood Minnesota and
asked if anyone wished to speak with no response.
66th Avenue: Universitv Avenue Service Road East to Cul De Sac
Mr. Jim Thayer, 377 66th Avenue N.E., asked the cost per foot. Councilman �
Harra.s told him the cost was $8.43 per foot. Mr. Thayer asked how the
concrete driveway assessment was made. The Finance Director answered that
the concrete driveway approach assessments were not spread on a front foot
basis, but put against the particular lot. The price is derived by breaking
down the contract price, plus a percentage for engineering fees, ete. Mr.
Thayer said that he was not complaining about the charge for the driveway.
He then asked if the pro�ect was complete. The City Engineer said that there
was only some minor work left. Mr. Thayer said that he looked at the street
last night and out of 23 driveways put in, there were 17 that have the
radii broken, some quite badly. He said that the curbing was broken in front
of 378 66th Avenue, and it was starting to depress. He said that this area
has a problem of compaction and that he felt that the sand was not properly
compacted prior to the construction of the driveways and curbing. This is
why the radii o£ the approaches are broken.
Councilman Harris asked what was the warranty. The City Engineer said that the
warranty is one year from the date of the final payment on the pro7ect. The
final payment has not been made yet.
Mr. Harold Sullivan, 522 66th Avenue N.E., said that he had Lot 4, Block 4,
Rice Creek Terrace Plat 2 Addition, and asked al�out the cost of putting in the
sidewalk and steps. The Finance Director said that on this particular lot the
charge was about $35. The City Engineer added that the grade had to be stepped
down to the roadway. This is the reason for the steps. Mr. Sullivan said �
that he felt that he was not being over assessed, but he only got a driveway
approach for $35, and his neighbor got the driveway approach plus the side-
walk and steps for only a little extra money. The City Engineer explained that
the steps are consa.dered part of the service, as he had a sidewalk before,
then with the construction of the street the steps became necessary. Council-
man Liebl said that the City tries to be as fair as possible. At times some
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SPECIAL PUBLIC HEAkING MEETING OF MAY 11� 1970
additional work is necessary because of the slope of the land. The new
construction must blend together with the o1d. The goal is to assess
everyone according to �e benefits received.
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Councilman Harris asked the estimated cost at the Public Hearing. A membex
of the audience said that they were told $5.58. Mr. Sullivan asked if his
property would be checked farther. He felt that he should get steps also.
Councilman Harris pointed out that there was $1,503.49 additional for the
driveways and sidewalks. Councilman Liebl explained that years ago the City
7ust put in curbing and the street. The current policy has been to put a.n
the approaches while the contractor is in the area as a better price can be
obtained than if the property owner were to do it on his own. Mr. Sullivan
said that he was not getting the same treatment as his neighbor. The Ca.ty
Engineer said that he believed that the contractor made a mistake in this
case. Councilman Harris said that this will be looked a.nto.
Mr. Lloyd BenneY.hum, 369 66th Avenue N.E., asked what his assessment would be
and Councilman Harris told him from the assessment roll, that it would be
$843.00.
A member of the audience asked if 66th Avenue was completed now. The City
Engineer said yes, hopefully there will be a seal coating to be applied, but
this is part of the street maintenance, and is not assessed. He then asked
the cost of the concrete. The City Engineer said that the conerete is $6.03
per square yard, for a 6" concrer.e driveway and $5 03 per square yard £or a
4" driveway. This only includes the pouring of the concrete, there are
other charges in getting the property ready for pouring. It has to be dug
out and a base put in.
Councilman Sheridan said that there was a question raised on whether or
not a hardening agent was used on the driveways behind the gutter line. He
asked if this will be done. The City Engineer said that he was sure that lt
was done, but if not it will be. If it was not applied last year, the concrete
would have been spalded by now. Questions such as these are the reason the
final estimate has not been paid.
Mr. Thayer asked what will happen with the broken curb Councilman Harris said
that the Engineering Department would look at this before the final estimate
is paid. After the final payment is made, if there is any additional work,
there is still the one year warranty. Before that year is up, the street
will again be inspected. Councilman Harris asked Mr. Thayer to present his
list of items needing attention to the City Engineer, which he did.
68th Avenue 7th Street to Washington Street
Alden Wav: 62nd Wav to 200 Feet North
Jefferson Street: 67th Avenue to 680 Feet North
Mr. Alfred Matzek, 6'717 Jefferson Street N.E. asked what the special assessment
was. Councilman Harris told him $8.43 per foot. Mr. Matzek said that he had
mesh in the driveway that was not replaced. The City Engineer said that there
was the warranty that would cover this, and added that if rt did not break
in two years, it should not break.
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SPECIAL POBLIC HEARING MEETING OF MAY 11, 1970
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Washington Street_ 67th Avenue to 500 Feet North of 68th Avenue �
Seventh Street: 68th Avenue to 480 Feet North of 68th Avenue
Mr. Armond Grage, 683D 7th Street N.E., said that last summer he called City
Hall 3 times to have someone come out and repair the asphalt below the gutter
line, by the approach to the driveway. Water stands there, and dirt accumu-
lates and it will soon be worn away. He said that he also had a crack about
'a" in his driveway. He asked if this would be fixed. The City Engineer said
that this was noted and would be checked into.
Fourth Street• 67th Avenue to Rice Creek Terrace
Mr. Charles Swanson, 312 Rice Creek Terrace, said that he lives on a corner
lot, fronts on Rice Creek Terrace and would like to know his assessment for
4th Street. Councilman Aarris told him that it was $8.43 per foot for the
front and $9.65 per foot total, so Por Fourth Street it would be $1.12 per
foot. Mr. Swanson said that he felt that they did a bad job on his ds'iveway.
Rice Creek Terrace: Hwy. '�47 Service Road to 68th Avenue
62nd Wav: Riverview Terrace to East Rtver
Mr Chester Potasek, 310 62nd Way N.E., said that he wanted to bring to the
attention of the Council the fact that he felt that there was a mistake made �
on the assessment roll. When the work started there was a debate with the
City Engineer and the Assistant City Engineer with his two neighbors present,
William Hoyt and Richard Harris. It was agreed that the street would be
paved on the curve and omit the stub that his property abuts on. In this
discussion it was pointed out that he would not be on the assessment rolls as
the stub is not to be improved and he would not abut the paved portion of the
street. Now he said that he finds that he has not got the improvement, but
yet is included in the assessment roll. This is contrary to what he was told
on the site. He asked that this problem be set aside and investigated and
some reasonable arrangement be made. He asked Mr. Hoyt and Mr. Harris if
they agreed this was what he was told and they both answered yes.
Councilman Harris asked if that statement was ever made at a Council Meeting.
Mr. Potasek said that the Assistant City Engineer said that at the site. He
said that he believed that there was some discussion at the Council Meeting
later, but could not remember for sure.
Councilman Liebl said that this is news to him and expressed the wish that
Mr. Potasek would have calied him. Mr. Potasek said that when he called
the City Hall they did not have the figures ready yet, then he was out of
town. Today is the earliest chance he has had to bring it up, although
he said that he did discuss this with the City Manager and he suggested that
he bring up tha.s problem at the Counca.l Meeting. He felt that there has been
a grave error made. Councilman Liebl said that he did not feel that the
Assistant Ca.ty Engineer should have made such a statement. He asked if there ,
was some particular reason for tha.s statement. Mr. Potasek explained that the
debate was whether to do the stub of street and put in curbing. He said that
he was willing to go along with not having it done, if he would not be assessed.
Now it has not been done, but he is being assessed. Councilman Harris said
that he was sorry this situation occured and that no member of the staff has
the authority to state whether there would be an assessment or not. The
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� Council's obligation is to check this out and put into propex perspective
The City Engineer said that the Engineering Department only gave the
construction figures to the Assessment Department. It was felt that if a
person is getting an access, he should be assessed for it at a certain rate.
The Finance Director said that the assessment is the same £or the 6 lots in
Potasek's Addition. It was spread this way on the theory that everyone was
getting the same benefit, and using the same street for access, so therefore,
they should be assessed equally. There seems to be a misunderstanding over
the interpretation of "benefit". The rolls do not take anything more than
this fact into consideration.
Mr. Potasek said that when dealing with a representative of the City, you
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expect him to give an answer in the proper perspective. He said that he
would not be on the assessment rolls. If he was going to be assessed this
amount anyhow, he should have had the stub done all the way through. If the
paving were to be put in now, it would cost more to do. He said that he has
only the driveway stuk� as the outlet to the street. He asked that this
be znvestigated. He added that he does nto abut the improved street. He
then came forward and consulted with the Council at the plat map.
Mr. William Aoyt, 190 62nd Way N.E. said that he had the same complaint as
Mr. Potasek in that he was told that they wauld only be assessed for the
benefits received.
� Councilman Harris said that this portion of the assessment roll will be deleted
unt11 the problems can be gone over. He promised that the Administration and
Council would follow through.
A member of the audience said that he has Lot 4, Block 2, Juli-Ann Addition
and asked what his assessment would be. Councilman Liebl said that for 95
front feet �t would amount to $800.85. Councilman Sheridan said that for the
side yard o£ 95 feet it would be $197.15. The resident then said that his
title calls for 90 feet on the side yard. The Finance Director said that
this would be checked. It may be a typographical error.
low Street: East River Road to 800 Feet West
Mrs. Rick said that she lived on the corner of Spring Brook Ylace and Long-
fellow and wondered what her assessment would be. Councilman Harris answered
$10.15 per front foot and $1.57 per foot for the side street. Mrs. Rick
said that some hydrants had to be moved, and the City Engineer said that this
is paxt of the construction wst. Mrs. Rick asked that the street sign be
changed from Longfellow Avenue to Longfellow Street as it should be. Council-
man Harris said that this would be changed.
Spring Brook P1ace: 79th to Longfellow Street
Mr. Lester Freese, 369 79th Way N.E., asked what his assessment would be.
� He said that he had Lots 9, 10, and 11, Block 2, Spring Brook Park Addition.
Councilman Harris said that the front footage charqe was $11.45 per foot for
79th Way. He has three 30 foot lots and the assessment per lot is $90.90
for the side street. Mr. Freese said that the sidewalk was cut out and steps
put in. Is there any charge for this' The City Engineer said that if they
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SPECIAL PUBLIC HEARZNG MEETING OF MAY 11, 1970
PAGE 7
were taken out, they are put back at no charge. Mr. Freese asked why only �
one person got sod. The City Engineer said that no one got any sod laid
by the City, the work must have been done by the property owner.
79th Avenue: Apex Lane to East River Road
�/ West Service Drive: Osborne Road to 350 Feet North
Boundard Line of Proposed East Ranch Estates, lst Add
Washington Street: 57th Avenue to 58th Avenue
Street on South Side of Plat: 7th Street to Washington Street
Moore Lake Beach Parking Lot
MOTION by Councilman Liebl to close the Public Hearing on the final assessment
xoll for Street Improvement Pro�ect St. 1969-1, with the exception of
62nd Way and Alden Way. Seconded by Councilman Sheridan. Upon a voice vote,
all voting aye, Mayor Harris Pro tem de�lared the Public Hearing closed at
9:05 P.M.
PUBLIC H�ARING ON THE FINAL ASSESSMENT ROLL FOR ST.REET IMPROVEMENT PROJECT
ST. 1969-2:
Mayor Harris Pro tem read the Notice of Hearing aloud.
Third Street 49th Avenue to 53rd Avenue
Mr. Trevor Kyle, 5179 Horizon Drive N.E. asked about his assessment for
Third Street. The Finance Director said that there is a corner lot on
Horizon Drive and Third Street. 2/3 of the cost is spread � way up the block,
at $.98 per foot. This goes up to where we left off coming down. from 53rd
Avenue, and starts with Lot 11,Block 9, Carlson's 5ummit Manor South Addiiton,
or Lots 4 through 11. Mr. Kyle asked what is the 7ustification. The Finance
Director answered that instead of charging the corner lot the full assessment,
it is spread in this manner according to Council policy. When 53rd was done,
it was spread down the block. In this way everyone on �his street will pay
a portion for a corner lot. Everyone in the entire area will}� treated
equally. Mr. Kyle said that the assessment was not on a use basis then and
the Finance Director said no.
A member of the audience said that he lived on Panorama between Roman Road
and Third Street. The City Assessor said that his side yard assessment would
be $.98 per foot. The resident wondered if the people on Third Street would
be assessed when Panorama Avenue is completed and the City Assessor again
explained the corner lot policy.
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The Finance Director said that this assessment would be spread over 10 years
and would go on the tax rolls in 1971 at 7'-,% interest. it can be paid without
any interest if paid in full within 30 days of this date, or there can be a �
lump sum payment within the 30 days of not less than $100. Councilman Lieb1
said that he would like to say thank you to the City Engineer for his close
estimate and that the City Engineer kept his word.
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SPECIAL PUBLIC HEARING MEETING OF MAY 11� 1970
� 73rd Avenue: T.H. #65 to Central Avenue
There was no one present to speak on tha.s street.
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MOTION by Councilman Sreider to close the public hearing on the £inal assessment
rall fox Street Improvement Pro�ect St_ 1959-2. Seconded by Councilman
Sheridan. Upon a voice vote, all voting aye, Mayor Flarris declared the motion
carried, and the public hearing closed at 9:20 P.M.
PUHLIC HEARING ON TAE REZONING REQUEST (ZQA #70-03) HY GEORGE M. NELSON T�
REZONE FROM R-1 TO R-3A, AN AREA GENERALLY LOCATED ON THE SOUTH SIDE OF
ONON➢AGA STREBT AND WEST OF LAKEST➢E ROAD.
The City Enginees explained that �ha.s request is to rezone from R-1 to R-3.
The property to the south of the proposed rezoning is already zoned R-3.
The Planning Commission recommended approval sub�ect to their dedicating some
streets and right of way in this area. Councilman Harris asked if there were
any additional comments from the staff before turning the meeting over to the
applicant. The City Engineer said that this area has been studied extensively
by the Planning Commission. They studied an axea largex than this paxticular
request. If left as R-1, he felt that there would be a need for an additional
street, and would result in more double fxr�ntage lots.
Councilman Harris commented that according to the motion by the Planning
� Commission the petitioner was to provide a walkway easement on the west side
of Lot 10. The City Engineer said that this was so tbere could be a street
if the lots ta the west were splrt £or development. Service for the
requested rezoning area would be off 73rd Avenue. There would be a row of
R-1 lots fronting on Onondaga Street
Mr. William Merlin, Attorney for the applicants, said that the property is
in the middle of the b�ock. He introduced John Voss who would be showing the
plan for the Council and the audience. He said that he would be happy to
dedicate the easements, but it seems that the people in the area prefer not
to have the streets. He said that both George Nelson Sr. and George Nelson
Jr. were present to ansWer questions.
Mr. Voss showed the scheme on the easel. The total dimension is about 450
feet and they are proposing to concentrate the development to the south
300 feet. The £irst 300 feet is already zoned R-3. They are proposing to
rezone approximately 2 acres. The plan is oriented toward 73rd Avenue.
Acoess would be either along the west side, or the east side of the property,
down to 73rd Avenue. There is some recreational space provided, which he
felt added much to the development. The parking and the recreational area
would be to the north. They are proposing to drop the parking lot and use
berming, so that you could look over the cars at the building. He said that
they wanted to lessen the effect of the asphalt parking lot, and accomplish
a green strip in front of the building. They have provided for a 30' easement
which could be used as a street or walkway to the park to the north.
� Councilman Liebl asked how many one and two bedroom units are proposed. Mr.
Voss said that there would be a few efficlency apartments and the rest one and
two bedroom units. Mr. Merizn added that they would live with whatever the
Council states. Councilman Liebl said that last night he went up to the area
to look it over and he said that it appears to him that this is one of the few
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SPECIAL PUBLIC HEARING M�ETING OF MAY 11, 1970
PAGE 9
areas left in the City that could be developed as a residentsal communzty. �
He felt that this could be built up as a residential area. He said that he
was impressed by the upkeep of the area and that the people residing there
seem to have a pride in their homes. Mr. Merlin said that he did not believe
that their development would interfere with the R-1 developed in the area.
Councilman Liebl asked the cost per unit. Mr. Nelson Sr. said that this was
hard to say, with the prices going up as they have been. It would probably
be $11,000 to $12,000 per unit and up, to bring in the kind of tenants that
they would want. The number of units is also hard to say and what mix they
will be is not determined as yet. They did not want to expend the money
for plans until they could find out if they could build the bualding in thas
area. He felt that some three bedroom unzts may be in order, but this
will take some further study Councilman Liebl said that he must look
ahead to 20 years from now, and determine whether this investment would be
the best for the existing environment. He said that if he voted for this
rezoning, he must be sure it would be for the best of the neighborhood.
Mr. Merlin said that their feeling was that the stipulations would be covered
by the Ordinances, and that they could live with the limitations. He said
that he was not sure that this was a good area for three bedroom units, but
that they wanted to be guided by the City. He said that he did believe that
they can make this an attractive area, but they need some space to allow for a
minimal amount of unrts. He poa.nted out that they were not proposing to
put any buildings on the new rezoned area, but would use thys for the �
recreational and green area He suggested that this could al5o be done by
a special use pertnit, if desired, he believed. Mr. Voss added that there
would then be single Eamily or duplexes along Onondage Street as a buffer.
Most activities are carried out in the back yards and he wanted to provide
this same type of service to the apartment dwellers, by providing a back
yard for them also. If landscaping and parka.ng is developed on the area
to be rezoned, the lots left on Onondaga would be very good residential lots
and would create a good living environment for both the apartment dwellers
and the single family homes.
Councilman Sreider said that the R-3 goes a11 the way to Hayes Street, so
why not try to develop to the west rather than to the north, Mr. [Velson
said that they have not tried to acquire that property. There are houses there
and he did not know if they wished to sell. They would like to develop
their own property. Mr. Voss added that he thought that as time goes on,
the single family dwellings will be replaced in that area wxth apartment
houses. Councilman Breider asked if there had been any contact with the
property owners on the west. Mr. Nelson said that about a year ago he talked
to them and di3 not get any indication that they wished to sell. He said that
they felt that if graxited the rezoning, they would have a substantial site.
He said that he did talk to the owner on the east side but he did not indicate
that he was interested in selling. They would pursue this further only if
they were to rezone in depth Councilman Breider asked what type of access
would be planned for Lot 28. The City Engineer pointed out that thexe is a
proposed road pattern on Page 6 of the Agenda which shows the proposed access. �
Councilman Breider asked if there would be bermang along the apartment houses,
and Mr. Nelson said yes. Councilman Breider asked if all access would be to
73rd Avenue and Mr. Voss said yes, they would agree to take all the traffic
to 73rd Avenue. Mr. Merlin added that they would prefer to keep all the
access away from Onondaga Street. Councilman Breider said that it was
mentioned that duplexes may go in along Onondage Street, and asked if they
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SPECIAL PUBLIC HEARING MEETING OF MAY 11� 1970
cannot get R-1 homes, if they may be back at some future time
for R-2 zoning. Mr. Merlin said that this was not the plan at
time.
PAGE 10
asking the Council
the present
Mr. George Hanspn, 1476 Onondaga Street N.E., said that they received a notice
that 150 children would be bused out of this area further north because there
were no facilities at Woodcrest. If this was rezoned from R-1 to R-3 this
would add to the amount of children. He ob7ected to adding more R-3 property
when there are not schools to take care of the children now living there. He
said that Lots 23, 25, 27 and 29 are now zoned for R-3 and these lots could be
obtained. If this is rezoned it would encourage more speculators to come in
and try to get R-1 property rezoned to R-3. He said that no one on Lots 22,
24, 26 or 28 are proposing to split their land, they desire this land to keep
the apartments to the south away from their land, so a street would not be
needed• He said that in a democratic society, supposedly the people have a
voice in what is to happen to their neighborhood. I3e said that he had a
petition with 64 signatures opposing this rezoning and about 50 come from a
three block radius. He then came forward and presented the petition.
PETITION #4-1970 - PROTESTING THE CONSID�RATION OF AN ORDINANCE FOR
REZONING REQUEST ZOA #69-02 (ZOA #70-03)� GEORGE NELSON:
MOTION by Cauncilman Liebl to receive Petition #4-1970. Seconded by Councilman
Sheridan. Upon a voice vote, all voting aye, Mayor Harris Pro tem declared
the motion carried.
Councilman Breider asked Mr. Hanson if the area were to be developed R-1,
would he be in favor of the street pattern. NLr. Hanson said that he felt that
it was better to keep more land with the house, rather than splitting off the
back part of the lots. He said that it would be hard to reach a decision at
this tzme. He pointed out that he lived on Lot 26, which is a middle lot
anyhow. Councilman Brea.der said that he would only be affected then if he
were to split off the back half of his lot. N1r. Hanson said that he had no
intention of doing that, and he did not know of anyone else who did. He felt
that the addrtional land at the back was well worth rt with the multa.ple
dwellings going in on 73rd Avenue. He said that he could not see adding more
R-3 property around them, and he hoped that the Council would ga.ve them some
consideration and re7ect this proposal.
Mr. Gordon Gnasdoskey, 1491 Onondaga Street N.E., said that he lives right
across from Flanery Park and the people in the area are consciencious with their
property, and are hard working. This is a very good area. He said that he
spoke for a gxoup of people that would like this area to stay residential. He
said that if more multiple were to come in, he thought that people would leave.
He asked that it stay zoned residential.
Mr. Chester Ewer, 1565 73rd Avenue N.E., said that he worked on a committee
last wintex to txy to reach a compromise on the school situation. He questioned
what would happen when the apartment house brings in more children. He said
� that consideration must be given to the school situation He pointed out that
the traffa.c is already bad on 73rd Avenue when work lets out at Onan's. He
asked what will happen when these people try to get home at the same time. He
said that they wexe in another school district £rom most of Fxidley and seem
to be a forgotten neighUorhood.
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SPECIAL PUBLIC HEARING COUNCIL MEETING OF MAY 11� 1970 PAGE 11
Councilman Liebl told him that he was not forgotten, that they �ust got Flannery �
Park and have been putta.ng in more equipment. Each part of Eridley qets their
fair share of tax money.
Mr. Ewer said that he would not let the road go along his property: Councilman
Harris told Mr. Ewer that he was not being pushed around, that this request
was not originated by the Council and that the State Statutes state that
everyone has a chance to try to develop their property, and they must be
heard through the legal processes.
Mr. Henry Hamersma, 14D5 Onondaga Street said that he was concerned about the
school situation, and did not want his children bused five or six miles.
Mr. .7ohn Doyle, 1651 Onondaga Street N.E., said that he lived up the street from
the rezoning. He said that there were comments made on l, 2, and 3 bedroom
apartments, but the developers really do not know what they are asking for.
They have no plan. They have said that the north area wilZ be left as a green
area, but it would be just as green as R-l. There is no assurance as to what
they would do. This question was asked before the Planning Commissa.on, but they
still have no plan. He said that he would like this area to stay R-1 and
was definitely against the proposed R-3 zoning.
Mr. Robert Persgard, 7430 Lakeside Road N.E., asked what was the final action
of the Planning Commission. Councilman Harris read the motion by the Planning
Comma.ssion aloud. Mr. Persgard said that the last meeting he was at there was �
not a quorum, and he was told that he would be notified when the next meeting
concerning this rtem would be, but he received no notxce. Gouncilman Harris
said that he was sorry, he should have been notified.
Mr. Merlin said that he was not sure where the Council would want the
entrances. He said that he would be happy with a special use permit £or the
use of the R-1 portion. Whatever the Council desires they will do. He said
that they have left their plans in outline form so that they could work with
the Council and the staff within this outline.
Councilman Harris said that some of these people have been here 2, 3, and 4
times. He asked the City Attorney if, as he reads the Ordrnance, the R-1
portion could be used for parking under a special use permit with the structures
on the portion that is presently zoned R-3. The City Attorney said that this
could be done under a special use permit, for the parking. Mr. Merlin said that
he would be happy with a special use permit, but was told to apply for the
rezoning. I3e said that there is no feasible use for that portion of land except
for a recreational area and parking. If the Council does not want the rezoning,
they could grant a special use permit, then the people would not have to come
back. Councilman Harris told the people that as a policy the Council does
not make a decision at the public hearing, but give themselves time to consider
the points made and it is considered as a rule at the next meeting.
Councilman Sheridan said that they are asking for more units which would make
a lower density for the whole tract. A special use permit is actually a �
rezoning. Mr. Merlin saa.d that the people are concerned that there not be a
building on the north R-1 porta.on. He said that they will accept a rezoning
or a special use permit, as they did not want to build in that area. They do
want to put in more units. To put in the streets, water and sewer £or a
residential development would make the cost of the land prohibitively expensive.
Sy addinq that north portion, they could get more units but not a greater
density. Councilman Sheridan asked what is the estimate on how many units they
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5PECIAL PUBLiC HEARING MEETING OF MAY 11� 1970
PAGE 12
� could get in without the rezoning. Mr. Merlin guessed about 40. Councilman
Harris asked how many acres is presently zoned R-3 and the City Engineer sald
about 2.3 acres
Mrs. Dennis IIerbst, 1452 Onondaga Street N.L'., said that they bought their
lot to raise children and they did not want to look at a lot full of cars.
She felt that they would have traffic, and head lights all day and night.
She asked Mr. Nelson if he would like to buy Lot 28 with this arrangement.
Councilman Harris asked how many were present for this item and about 30 to
40 hands were raised. He then asked how many opposed this rezoning, with the
same hands being raised.
A resident in the area asked that the multiple dwellings be kept away from
Onondaga. They can be developed on that property already zoned for them.
He said that he did not favor this request.
Councilman Liebl said that he did recognize that these people have voted for
the improvements to their property and paid a good price for them. They have
shown a spirit of attempting to improve their land. The Council will also
consider this
MOTION by Councilman Liebl to close the Public Hearing on the rezoning request
ZOA #70-03, George Nelson. Seconded by Councilman Breider
� Mrs. Conrad, 744D Bacon Drive N.E., said that it seems to be necessary to
always be coming before the Council to fight agaa.nst multiple development.
This area is slowly being developed as a residential area. There is a great
deal of area that can be developed as multiples, and she did not think that
they should be allowed to infiltrate residential neighboxhoods. They are
entitled to their privacy. She said that they do not want them'
Councilman Harris said that he thought that he made himself clear. Any
petitioner has the right to come before Council under the State law and
petition for a change in land use. The CIty has no control over this as
long as the petition is wrthin reasonable limits. The law says that the
Ca.ty must accept the petition and hold a Public Hearing. The Council must
follow the rules and regulations set down by the State.
THE VOTE upon the motion, being a volce vote, all voting aye, Mayor Harris
Pro tem declared the motion carried and the Public Hearing closed at 10:25
P.M.
RECESS:
Mayor Harris Pro tem declared a recess from 10:25 to 10.50 P.M.
PUBLIC AEARING FOR STRCET IMPROVEMENT. STREET IMPROVEMENT PROJECT ST. 1970-4
ADDENDUM #1.
� Mayor Harris Pro tem read the Notice of Hearing aloud for the benefit of the
audience.
The City Engineer said that this is being brought to the attention o£ the
Council as water and sewer is presently being instalied in the area. The
streets are in poor condition as they are very sandy. They were scheduled
42
SPECIAL PUBLIC PIEARING MEETING OF MAY 11� 1970
PAGE 13
to be installed next year under the 10 year street improvement program, but �
the trucks are needing the streets. As the Council knows there is a drainage
problem, fox that reason he is suggesting a staged program, with only one mat
and some of the curbing to be applied now, and the rest when the storm sewer
problem is solved. Some of the property is not developed as yet, so for
this reason, the curbing will not be applled until it develops so it will be
known where to put the 3riveway duts and additional water and sewer services.
Councilman IIreider asked where the ditch was in relation to the streets.
The City Engineer pointed out the ditch on the screen and said that the
curbing would be left off this portion o£ the street also until the storm
sewer goes in. They are not proposing to do anything with 78th Avenue because
this is where the proposed storm sewer line would go. Councilman Breider
said that he understood that there were problems with washouts. The City
Engineer said yes. T'he storm sewer is the biggest problem, which cannot be
solved by Fridley as it is not under our control. He felt that as long as
the construction would be staged, the property owners would be money ahead.
The City would then come back with the remainder of the curbing and leveling
mat later when the development demands, and the storm sewer problem is
resolved.
Beech Street. 77th Avenue to 79th Avenue {lncluding alley)
There was no one present to speak on this street.
�lm Street: 77th Avenue to 79th Avenue (including alley) �
Mr. Robert Davis, 115 77th Way N.E., said that he had Lot 36 and 37, B1ock 7,
Onaway Addition, and asked what his assessment would be. Councilman Harris
said that the assessment is only estimated, and that it would be about
$1458.87. The exact cost would not be known until after the bids are let.
The bid award is made to the lowest responsible bYdder. Councilman Liebl added
that this would be the assessment for the street and curbing. There is a
storm sewer problem that has to be solved also. This is why the City Engineer
suggested leaving off the curbing in certain places. He wondered if the mat
would not be washed out in one year. The City Engineer said that this would
be a temporary type of a street near the ditch areas. Councilman Liebl asked
if there was any petition. The City Engineer said no� the problem is the
people want the road fixed so trucks can move. This is brought to their
attention to give them a chance to be heard. Councilman Liebl said that if
Fridley does not get the cooperation of Spring Lake Park and the Highway
Deaprtment on the storm sewer, it wi11 have to go to court. He pointed out
that there would then be a storm sewer assessment also.
Main Street Osborne Road to 79th Avenue
Mr. Albert Johnson said that he was the fee owner from 77th Avenue to 79th
Avenue east of Main Street, and he did not believe that � of the street has
been dedicated as yet. Mr, Richard Harrzs said that they were the fee owners
for the other =, of the street. He asked the City Engineer if, under this �
proposal,right of way does not have to be acquired from Dworsky Barrel
property. The City Engineer said yes. Mr. Richard Harris asked if this was
assessed back against the property owners on 77th Avenue, The City Engineer
said that this was the normal policy. Mr. Harris said that he would like the
blacktopping and the curbing, but instead of acquiring the property from
Dworsky by condemnation, he would rather see only � of the roadti�ay completed,
and when Dworsky wants to dedicate his ha1f, that could be done. He said that
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SPECIAL PUHLIC AEARING MEETING OF MAY 11, 1970 PAGE 14
� he was against condemning that property and having that assessment against
h�m. Ae felt that would be penalizing hicn, and he has shown his intent. Ae
said that he dedicated his share of the right of way, the same holds true o£
the right of way off Main Street. He said that he wanted to develop h�s pro-
perty, but he was against going out and buying property from Dworsky BarreZ
for an improvement that would benefit Dworsky Barrel. There is already a
heavy assessment for the sewer and water and adding the cost of a condemnation
to the price of the street, would price it out of sight. He said that he was
against paying good money to buy the other half from Dworsky for access to
his property. He has 33 feet now and could get by with that if only half
of the street was constructed. He said that he would have to have access
across the ditch. He has a plan to come before the Besign Control Subcommit�ee
for a building on Main Street. They need the land for equipment storage
He said that a culvert seems necessaxy.
77th Way: Railroad Tracts to Main Street
79th Avenue: Beech Street to Main Street
Councilman Sheridan said that from the conversation he assumed that the City
does not have part of Main Street. The City Engineer said that it will be
acquired for the installation of utilities in �here. Mr. Harris sa�d that
he was surprised that the north portion of 77th could not be put in without
condemning land. He said that when his money is spent, the City had better
� ask him about it, He felt that it was poor planning. The Crty Engineer said
that the City has a 33 foot right of way for three £acilities. The health
requirements are that the water and 5ewer must be more than 10 feet apart.
The sewer is going in on the south side and the water going in on the north
side of the north � of the street.
Mr. Harris said that when the City talked of putting in the water and sewer
there was never a word said of condemnation of the Dworsky property to put
these lines in. Where does the Administration get the authority to spend the
property o'vmers tax money without their being asked. The City Engineer said
that there was right of way needed for hooking up the water line to Osborne
Road. The City Administration does not expend money without authorization
by the City Council. Mr. Harris said that he would like to see the Minutes of
the Council Meeting authorizing the condemnation of the Dworsky Barrel
property. Councilman Harris asked him to stop in at the office and they
would be shovm to him. The City Engineer added that no money has changed hands
as yet, so far it is only negotiation. Councilman Sheridan asked what pro7ect
the water and sewer was put in under. The City Engineer said that it was
Water and 5ewer Pro7ect #93. Councilman Sheridan said that the Council
authorized condemnation for the completion of Pro7ect #93. Coucnilman Sheridan
said that the Council policy has been to only put in a street where there is
full right of way width. If the Council follows this policy, He asked Mr.
Harris his wishes. Mr. Harris said he would �ust as soon forget it. He said
that he was very disturbed about this condemnation. He said that they are
now living under very difficult conditions. He said that the contractor left
� the street in such bad condition that he had to grade it himself. He asked
why he should pay Dworsky so the whole area could benefit.
Councilman Liebl said that the storm sewer problem shou7d be solved £irst. He
was in favor of letting the court make the decision. Mr. Harris said why not
wait with the whole project until the people dedicate theix land. Councilman
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SPECIAL PUBLIC HEARING MEETING OF MAY 11, 1970
PAGE 15
Liebl said that he knew that Mr. Harris was in the forefront in getting his �
land developed and his property did provide tax returns. Mr.Harris said that
he would £avor getting the whole area done at once. He pointed out that there
were some vacations needed also. Councilman Liebl asked how far the water
and sewer pro7ect was and the City Engineer said that most of it was in.
Councilman T.iebl said that this binds the Council, and N1r. Harris commented
that it appears that they are stuck with it. Councilman Liebl said that he
had the impression last year that Mr. Harris was al1 in favor of the improve-
ments, so the Council went ahead and gave the authority to aoquire the land.
Mr. Harris said that his only concern at that time was if the services were
going to be big enough. He said that the thing that he did not like is having
to buy land through the City from Dworsky to get access to his land.
The Finance Director said that they were considering assessing '� of the cost
of the street improvement to the east side, and � of the street improvement
cost to the west side, and all of the condemnation cost to the side the City
has to acquire. However, this has to be checked out by the City Attorney to
see if it is legally proper. Councilman Harris said that this would result
in the same as a dedication. The City Attorney said that in any condemnation
the benefit would be taken into considexation in any award and would off-set
the taking. The City Engineer agreed and said that ordinarily an award is
nominal if the property is benefitted. He said that it wsill also be inves-
tigated by the City Attorney to see if all the cost can be assessed to them.
Councilman Harris said that he recognized Mr. Harris' feelings and if one side
of the street dedicates, the other side should also. He suggested that Mr. �
Harris talk to the Crty Engineer further if he had any more questions, and said
that it would be back on the Agenda next Monday. The Council would like some
time to think it over. He said that he would like to see the pro�ect go
through.
Councilman Breider asked the City Attorney if he would have an opinion by
next Monday on whether or not the total cost of the acquisition can be
assessed against Dworsky and the City Attorney said yes. Councilman Harris
asked Mr. Juster, the City Attorney, if he was in favor of the pro�ect, as
he also owns some property in the area and Mr. Juster replied that he was.
Councilman Ziebl asked Mr. Johnson if he was in favor of the pro7ect and
Mr. Johnson said that he would check with the person buying the property,
but he would imagine so.
MOTION by Councilman Liebl to close the Public Hearing on the proposed Street
Improvement Pro7ect St, 1970-4, Addendum #l. Seconded ny Councilman Sheridan.
Upon a voice vote, all voting aye, Mayor Harris Pro tem declared the motion
carried and the Public Hearing closed at 11:35 P.M.
DISCUSSION REGARDING CONDEMNATION ALONG WEST MOORE LAKE DRIVE: (ON THE AGENDA
AT THE REQUEST OF COUNCILMAN SHERIDAN)
Councilman Sheridan explained that he received a call frcm a resident in the
area concerning a condemnation notice that some of the persons in the area
receaved. Last fall they spoke in favor of having no sidewalks and this �
condemnation notice is the first notice they have had of anything different
being done. This is why he asked that it be put on the Agenda and the
people invited to attend. What is contemplated is putting the sidewalks on
the resident's property through an easement to save the trees.
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SPECIAL PUBLIC HEARING MEEPING OF MAY 11, 1970
PAGE 16
� The City Engineer added that last year at the public hearing the proposal was
to put sidewalks on both sides of the street, and there was considerable
- ob�ec�ion to lnstalling sidewalks if assessed for them. Through further
discussion the Council resolved that there should be sidewalks on one side
of the street, although the people did not want more sidewalks This is a
state aid road and the state aid section has not started allocating money
for sidewalks also. As long as the City can get state aid money, it was
agreed to proceed with the sidewalks on the west side of the street, and
follow the basic ovexall�sidewalk policy for sidewalks. To save the trees
close to the street the proposal is to put the sidewalks on 5 feet of the
property owner's land through an easement. This would also provide for more
snow storage. Unless the property is given, it will have to be condemned,
so that if one person received compensation, all will. This was merely the
first notice of the impending proceedings.
Councilman Sheridan asked what is the next step, The City Engineer said that
the Engineering Assistant was going to get together with the people and tell
them where the sidewalk would be located on their property. If there is
concurrance from the neighborhood to give the land free, there would be no
need for the condemnation.
NLr• Harry Nawrocki, 5800 West Moore Lake Drive N.E., said that they voted last
year to have no sidewalk, but a street with a curb and gutter. Suddenly they
get thzs notice of condemnation, that wants 5 feet of their 35 feet of feont
� yard. This would mean�that the sidewalk would be only 30 feet from the front
of the house, and could be closer. He said that they got alonq without side-
walk for 14 years and the people say that they still can He said that the
people feel that this is being pushed upon them. He said that if the people
absolutely have to have the sidewalk, put it down by the curb He said that
as far as saying that the City will be giving them a sidewalk because this
is a state aid road, he did no� buy that. The vote was 28 to 0 in favor of
no sidewalk.
Counci7man Harris said that he was ra.ght about the vote on no sidewalk,
however, the discussion then was to assess =z of the cost of the sidewalk. This
was the policy adopted 2 years ago. Now the Council can say that they would
be getting a sidewalk with state aid funds, and no assessment, because tha.s
a.s a state aid road. The City Engineer was asked to prepare a sidewalk plan
for the City of Fridley as the Council feels that sidewalks are a necessrty in
certain areas, such as school areas. He said that the City did not want the
children walking in the street wheze they are not bused. He appologized for
the poor communication and said that the people should have been notified that
a sidewalk should go in that area.
Mr. Joe Matusovic, 5810 West Moore Lake Drive N.E., asked if the residents really
have any choice. Councilman Harris said that the City would like to have the
sidewalks very much. Councilman Liebl added that a sidewalk program has been
adopted. This is maa.nly for the pxotecta.on of th� children. Mx. Matusovic
said that he would prefer to have his tree taken out and move the sidewalk
� closer to the street, although his fa.rst choice would be no sidewalk. Council-
man Harris said that the reason the Engineering Department was asked to move
the sidewalk, was to save the trees Mr. Matusovic saici that they would rather
lose the tsees than any of the yard. The City Engineer said that there would
be a cost involved in taka.ng out the trees. Theze is also a problem of snow
storage. If they are put close to the curb, they are difficult to keep open
in the wintertime when they are needed.
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SPECIAL PUBLIC HEARING MEETING OF MAY 11, 1970
PAGE 17
Mr. Powel Skabrat, 721 Marigold Terrace, said that he lives on the corner, and
the snow banks are very high and asked how they will be cTeared. Councilman
Liebl asked if the children walked in the street or on the private property,
and a member of the audience said in the street. The City Engineer commented
that the plan is to take the sidewalks to T.H. #65 and eventually they will go
to the beach. Mr. Skabrat said that the children mostly ride bikes, or drive
cars. A lady in the audience asked if the biaycles go on the sidewalk and the
City Manager said that they are not supposed to. The lady said that the
ma�orrty of the children ride their bikes to the beach. Councilman Liebl
commented that rt was difficult to keep the sidewalks open on 61st Avenue.
A ladp in the audience said that there is a path going to Parkview School that
is shorter than going by the street and that most of the children go this way.
The school kept this path open. Councilman Sheridan added that the City put in
concrete also. The lady asked why would the children go the long way in the
street, when there is a cut through. Mr. Nawrocki added that a sidewalk is
no benefrt in the winter time as it cannot be kept clean. Councilman Harris
said that there has been a change in procedure in plowing the sidewalks, some
snow has to be hauled away.
Councilman Harris said that if there is to be any continuity to a sidewalk
program, they should go in where a,t was agreed, or else the program should be
abandoned. The Council will have to decide whether to abandon the project ot
go through with it. Mr. Nawrocki saa.d that he did not believe that he would
be getting anything free, and the Catp Engineer assured him that he would be.
Councilman Harris commented that if there had not been streets, sewer and
water put in over the ob�ections of the people, this communitg would not have
progressed to the point it has.
The City Engineer said that the Engineering Department is now pounding stakes
in so that the people can see physically where the sidewalk wlll go. This
way it is easier to envision. Mr. Matusovic said that he would appreciate it
if someone would come out to the site and talk to him.
A lady in the audience said that the State should also have to pay for the
street as the traffic is terrible. The City Engineer said that this is
another reason why the sidewalks are needed. The traffic will not be getting
any lighter. The sidewalks are needed £or the safety of the children and
pedestrians,
Mrs. Ludwig, said that she lived on the corner of West Moore Lake Drive
and 58th Avenue and last winter the snow plow took out her guardpost, and it
has not been replaced yet, and asked what will happen to the sidewalks. The
City Engineer said that the aurbing would control the plow. She said that she
could not see the reason for the sidewalks. There were not that many children
walking in the street.
A member of the audience said that if they were going to get the sidewalks
anyhow, he agreed that he did not want them in his front yard, but would
rather lose the trees, than some of his yard.
Councilman Harris said that as to the comment that the sidewalks will not be
used, no one could say whether they will be or not as they are not there now.
The sidewalks on 61st Avenue are being used. He felt that it was not a fair
st�.tement to say that they will not be used.
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SPECIAI, PUBLIC HBARING MEETING OF MAY 11, 1970
PAGE 18
Mr. Robert Cook said that he understood that this was not an actual condem-
nation notice, but rather it is for an appraisal service to impanel a com-
mission to appraise the land.
Councilman Harris said that he appreciated Councilman Sheridan's bringing this
to the attention of the Council. Councilman Sheridan said that it would seem
to be a unanimous feeling that the people would rather have the trees go and
have the sidewalk away from their house if the decision is to keep the side-
walk program in, If the sidewalk program is to continue, now would be the time
to put them in, as they would cost more later. Even later on this year it
would be more expensive. He £elt that the people should be shown physically
where the sidewalks would be going on the site. '�he City Eng�neer said that
they could do the staking next Monday and talk to the people then. The only
decision would be if the sidewalks are to be placed in the right of way or on
the people's property.
MOTION by Councilman Sheridan to have the staking done within the right of
way, rather than on the personal property. Seconded by Councilman Breider_
Upon a voice vote, all voting aye, Mayor Harris Pro tem declared the motion
carried.
MOTION by Cauncilman 5heridan to olose the discussion on the sidewalks on
West Moore Lake Drive. Seconded by Councilman Liebl. Upon a voice vote, all
votang aye, Mayox Harris Pxo tem declared the motion carried•
REAFFIRMING RESOLUTION #93-1970 - AEQiIESTING MINNESOTA HIGHWAY DEPARTMENT
FOR DIRECTIONAL LEFT-TURN ARROWS ON T.H. #47 AND 61ST AVENUE NORTHEAST:
MOTION by Councilman Liebl to reaffirm Resolution #93-1970. Seconded by
Councilman Breider. Upon a voice vote, all voting aye, Mayor Harxis declared
the motion carried.
RECEIVING BIDS AND AWARDING CONTRACT - TOWING SERVICE: (Bids Opened 1:30
P.M., May 4, 1970)
Day Calls
Night Calls
Snowbirds
Snowmobiles
Motorcycles
Accidents
Inside Storage
Outside Storage
Central
Towing
$ 5.50
6.75
S.SD
5.50
5.50
12.50
1_75
1.75
Shorty's
Towinq
$ 6.50
7.00
6.50
S.DO
7.50
12.00
3.�Q
2.00
Dack's
Towing
$ 8.00
10.00
8.00
10.00
12.00
10.00
2.5�
2.00
Present
Rates
$ 6.00
8.D0
6.00
6.00
8.00
10.00
2_0�
1.50
The Crty Manager explained that in checking out Central Towing by using a
Public Works truck, it was found that the truck could not reach all points
� in the City within the 15 minutes limitation set forth in the specifications.
These test runs were not during the rush hours, when it would take longer.
_ The second lowest bidder was Shorty's Towing and his recommendation was that
it be awarded to hi�, with the time element being the reason for not awarda.nq
to Central Towing, the lowest bidder, or the Council could go out �or re-
bids if they desired.
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SPECIAL PUBLIC HEARING MEETING OF MAY 11, 1970
PAGE 19
Councilman Sheridan asked if Central Towing had equipment in Fridley to meet
the time clause. The City Manager said that he understood that a1Z the
operations were done from the main office. Councilman Harris commented that
the Crty is not entering into a contract for purchasing anything as such, this
is more of a service to the community, He said that he would rather pick up
his car from within somewhere in Fridley rather than having to go down to
Minneapolis. Councilman Sheridan said that the City does have some liabilitp
in picking up the snow birds. This type of contract is actually rendering
a service on request.
Councilman Harris said that he could see no point in going out for re-bids.
In some cases Shorty's Towing was lower than the present rates.
Councilman Liebl asked why this was brought to the attention of the Council,
and if there had been complaints, The City Manager said that there are
always complaints when you deal with a service. It was felt to be in the
best interest of the City to go out for bids.
Councilman L3eb1 asked P7r. Schuur, of Shorty's Towing how many cars he could
store. Mr. Schuur answered the lot holds 30 and there is room for 5 inside.
He said that it would be his policy to hold the cars for 20 days then transfer
them to a lot he has at Sunker Lake. He commented that he does not make any
money on snow birds.
Mrs. Schuur asked what should be done With the �.unkers. Councilman Liebl �
asked i£ thep do not get money for them and Mrs. Schuur said that the junk
yards do not want them. Councilman Harris asked if there would be any
trouble with storage now. Mr. Schuur said possibly during the winter time.
Last year he used some land by the City Garage. Mr. Schuur commented that at
times someone is pinned in a car, especially on East River Road, and he has
arrived before the rescue squad.
A member of the audience pointed out that during the tornado Mr. Schuur donated
three of four days service in hauling cars and trucks. He received no com-
pensation. Another member of the audience said that he felt that the C�ty
should keep the service within Fridley. He would not want to have to go to
Minneapolis.
Councilman Breider asked the City Attorney if there would be any problem in
awarding to the second lowest bzdder. The City Attorney said no, not in this
case, as there are so many extenuating circumstances.
Councilman Sheridan said that one of the reasons fox going out for bids
originally was to relieve the harassment on the Police Department. This gives
them a number to call, and eliminates a11 the complaints from the competition.
MOTION by Councilman Sheridan to award the bid to Shorty's Towing Service for
one year, open end. The reason for not awarding to Central Towing, the lowest
bidder, is the time element in arriving at the scene of an aeca.dent, which was �
spelled out zn the specifications. Seconded by Councilman Breider.
Mrs. Schuur asked if the releasing time for cars could be changed from midnight
to 9•00 P.M. Mayor Harris Pro tem asked that the Administration take care of
this change.
THE VOTE upon the motion, all ayes, the motion carried.
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SPECIAL PUBLIC HEARING MEETING OF MAY 11, 1970
PAGE 20
� RECEIVING MODIFIED POLLUTION ORDINANCE:
Mayor Harris Pro tem explained that he has received calls from two organi-
zations wanting this to come before the Council, especially as concerns
back yard burning. He felt that the Ordinance looked at last week was too
lengthy and asked the City Manager to prepare one shorter and easier to under-
stand. This ordinance adopts the Minnesota Pollution Control Agency
stipulations by reference, and outlaws back yard burning_ Indications from the
general public seem to be in favor of this move. There should be no problem
with getting rid of this type of burning as the refuse haulers have in-
dicated their cooperation.
Councilman Sheridan felt that this should apply to commerczal and industrial
also. Sf the residents have to stop burning, they should too, rather than
get the two years for compliance the State allows. The City Manager pointed
out that commercial ox' industxial could not burn behind their buildings either.
Councilman Sheridan felt that they should be required to come up to the
standards as far as incineration is concerned. The City Manager suggested that
there be a ta.me limit set for compliance for the industrial and comznercial.
The City Attorney suggested that in Paragraph 4, entrtled "AUxilary Burner
for Incinerators" that perhaps it should read: "The City does require---"
rather than "The City may require-----".
� Councilman Liebl said that he felt that this Ordinance should be a.mplemented.
Over the past two years he said that he has been in contact with the residents
through letters and �hey seem to support a ban on backyard burning. Council-
man Harris said that he felt that this would be an enforceable Ordinance, in
its simpler form. He said that he agreed with Councilman Sheridan, what is the
law for one should be for all. The City Manager said that an additional para-
graph could be worked up to include the commercial and industrial and have it
ready for the first reada.ng next Monday. Councilman Breider a.sked what ta.me span
would be allowed to conform. He felt that it would run into some money for
commercial and industrial if it were to include the incinerators. Councilman
Harris pointed out that most o£ the burning th�s Ordinance refers to is the
burning of their cartons etc. Councilman Sheridan suggested there should
probably be a date set such as 6 months after the adoption of the Osdinance,
and after that time the standaxds must be at the requixed level He did not
feel that the Ordinance should 6e delayed_ The Gity Manager said that the
Ordinance would adopt the Minnesota Pollution Control standards anyhow, and a
shorter time limit could be set. He added that he has sent letters out to many
of the commercial businesses that burn now.
Councilman Breider asked what about emissions other than burning in an industrial
plant. The Crty Manager said that this is what they have two years for com-
pliance on. Councilman Breider said that there may be some plants in the City
where these emissions would be worse than the burning. He felt tha� there
should be some control set.
� MOTI01s by Councilman Liebl to recieve the modified pollution Ordinance and
order it put on the Agenda for the next Meeting, after alterations by the City
Attosney and the City Manager. Seconded by Councilman Sheridan. Upon a voice
vote, all voting aye, Mayor Harris Pro tem declared the motion carried.
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SPECIAL PUBLIC HEARSNG ME�TSNG OF MAY 11, 1970
PAGE 21
DISCUSSION REGARDING BALTF�ZOR PROPERTY SPECIAL USE PERMIT (1374 T.H. #100):
MOTION by Councilman Sheridan to reaffirm the Council decision, and ask the
City Manager to notify Mr. Balthazor by mail of this Council decision.
Seconded by Councilman Liebl IIpon a voice vote, all voting aye, Mayor Harris
Pro tem declared the motion carried.
DISCUSSION REGARDING EAST RIVER ROAD STUDY (BATHER ENGINEERING):
The City Engineer said that if the City is going to try for some T.O.P.I.C.S.
monies, there must be approval of a plan. Anoka County is anxious to get
started. The monies are available from the federal program on a first come,
first serve basis. He suggested that a Public Hearing could be set, so when
the people come in asking questions, there would be answers ready. Council-
man Harris felt that he did not have a thorough understanding of these plans
as yet, and would like to be briefed. It was agreed that the Council would
meet on the 25th of May at 7:30 to discuss the East River Road Study. The
City Manager was asked to send out notices of the Meeting.
RENEW TRAILER PERMITS FOR MIDLAND MOBILE COMPUTER CENTEA:
MOTION by Councilman Liebl to approve the renewal of the trailer permits for
Midland. Seconded by Councilman Breider. Upon a voice vote, all wtion aye,
Mayor Harris Pro tem declared the motion carried.
RESOLUTION #98-1970 - CONFIRMING ASSESSMENT FOR STREET IMPRQVENLENT PROSECT
ST. 1969-1 (EXCEPT 62ND WAY AND ALDEN WAY):
MOTION by Councilman Liebl to adopt Resolution #98-197D. Seconded by Council-
man Sheridan. Upon a voice vote, all voting aye, Mayor Harris Pro tem declared
the motion carried.
RESOLUTION #99-1970 - CONFIRMING ASSESSMENT FOR STREET IMPROVEMENT PROJECT
ST. 1969-2
MOTION by Councilman Sheridan to adopt Resolution #99-1970. Seconded by
Councilman Liebl. Upon a voice vote, all voting aye. Mayor Harris Pro tem
declared the motion carried.
ESTIMATE:
Suburban Engineering,
6875 Highway k65 N.E.
Minneapolis, Minnesota
Inc.
55432
FINAL ESTIMATE
Street Improvement Pro�ect St. 1968-1H & 2B
Street Improvement Project St. 1968-1B & 2B
$2,904.22
$1,050.85
$3,955.07
MOTION by Councilman Liebl to authorize payment of the estimate. Seconded by
Councilman Sheridan. IIpon a voice vote, all voting aye, Mayor Harris Pro
tem declared the motion carried.
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SPECIAL PUBLIC AEARING MEETI1dG OF MAY 11, 1970
PAGE 22
� COMMUNICATIONS:
A. ANDREW KOHLAN: THANK YOU FOR I2ECONSID�RATION OF HYDE PARK REZONING
Councilman Harris pointed out that all of the Council got a letter from Andrew
Kohlan expressing his thank you on behalf of Eldon Schmedeke and other
property owners. He said that he would like to comment that his motion for
reconsideration was not based on any leqal threat, but rather was made in
deferrinq to the wishes of the people. He said that he did not want the
record to show that his motives were governed by any threats of legal con-
sequences, as that was �ot his motive.
MOTION by Councilman Liebl to receive the communication from Andrew Kohlan
dated May 5, 1970. Seconded by Councilman Breider. Upon a voice vote, a11
voting aye, Mayor Harris Pro tem declared the motion carned
B. N5P REPORT WEEKLY REPORT DATED MAY 8, 1970
MOTION by Councilman Breider to receive the weekly report from NSP dated
May 8, 1970, and request that the weekly reports continue. Seconded by
Councilman Sheridan. Upon a voice vote, all voting aye, Mayor Harris Pro
tec declared the motion carried.
ADJOURNMENT:
� There being no further business, Mayor Harris Pro tem declared the Special
Public Hearing and Workshop Meeting of May 11, 1970 ad7ourned at 1:15 A.M.
Respectfully submitted,
���,�/ �i �� �
, r,Gc'`1" ��''��f.�C.'?/Y� _ /`, , � 1 ! . �� � � �� ... e - .
l �`
Juel Mercer J'ack O. Kixkham
Secretary to the City Council � Mayox
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