Loading...
05/18/1970 - 00018762:i � THE MINUTES OF THE REGULAR COUNCIL MEETING OF MAY 18, 1970 Mayor Kirkham called the Regular Council Meeting of May 18, 1970 to order at 7:50 P.M. PLEDGE OF ALLEGIANCE: Mayor Kirkham requested the Council and audience �oin in saying the Pledge of Allegiance to the Flag. INVOCATION: Reverend Bergren, Redeemer Lutheran Church offered the Invocation. ROLL CALL: M�PIBERS PRESENT Breider, Sheridan, Kirkham, Liebl, Harris MEP7BP,RS ABSENT None APPROVAL OF THE MINUTES OF THE REGULAR COUNCIL MEETING OF MAY 4, 1970: Councilman Liebl called the Council's attention to Page 4, Paragraph 4, and stated that rt should read "Interim Chairman Sheridan" rather than "Mayor Harris Pro tem" on the adoption of the motion. MOTION by Councilman Sreider to adopt the Minutes of the Regular Council Meeting of May 4, 1970, with the correction. Seconded by Councilman Liebl. Upon a voice vote, a11 voting aye, Mayor Kirkham declared the motion carried uannimously. APPROVAL OF THE MINUTES OF THE SPECIAL PUBLIC HEARING AND WORKSHOP MEETING OF MAY 11, 1970: MOTION by Councilman Harris to adopt the Minutes of the Special Public Hearing and Workshop Meeting of May 11, 1970 as presented. Seconded by Councilman Sheridan. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously. ADOPTION OF AGENDA: Mayor Kirkham said that Items #3 and #5 concerning N.S.S.S.D. are to be changed around. He said that he had received a letter from George Nelson concerning his rezoning, which he read aloud. In view of the fact that Mr. Nelson is withdrawing his request, this item is to be removed from the Agenda. Councilman Sheridan informed the members of the audience interested in this item that if this item had been denied there would be a six month time limit before he could resubmit plans. Inasmuch as he withdrew his plan voluntarily, he could resubmit a new plan when he is ready. A lady in the audience asked why it was necessary for them to keep coming back and fighting this rezoning. Mayor Kirkham told her that it is every land owner's right to try to develop their property, and the Council must hear them. He said that he understood that Mr. Nelson would like to redraw his plans to try to come up with a plan the residents would go along with. Councilman Liebl � � � �Yf� REGIILAR COUNCIL MEETING OF MAY 18� 1970 PAGE 2 � added that Mr. Nelson felt that he could not get the required votes on this rezoning ordinance. The petition of the people was almost unanimously against this rezoning. A resident of the area asked what R-3A meant and the City Engineer told him that this was specifically for apartments. Mayor Kirkham said that Item E under Communication is to be added which was a report from NSP, and F. A letter from Robert Hughes, Fire Chief. MOTION by Councilman Liebl to adopt the Agenda as amended. Seconded by Councilman Harris. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unana.mously. VISITORS: 61st Avenue and T.H. #47 A gentleman in the audience asked what was to be done ahout 61st Avenue and T.H. #47. This was started three years ago, and there was one death there and there should not be any more. Mayor Kirkham told him that a resolution has been passed asking for directional left turn arrows, and that the loop back is progressing, but that it is a slow process. Ted Gonsior, Requesting approval of filling his properL-y � Mr. Ted Gonsior would like to fill his property wrth clean fill, but he was told by the Council that he could not and is now appearing to ask why. The City Engineer explained that this is low land needing a storm sewer system to drain the land. They tried to get Federal funds, but they were denied. There is no plan, without a great expense, for getting rid of the water. It would inundate the road if the ponding area were filled_ Any filling that would be done would reduce the area for ponding. Mrs. Gonslor said that the pond is a biq attraction for the children and asked who would be liable if a child were to fall in. The City Attornep said that the City would not be ].aaHle and he did not think that Mr. and Mrs. Gonsior would be either, as this would be considered a natural condition. Mr. Gonsior said that there are 16 acres there and he would la.ke to Pill about 5 acres. He said that when he first bought that property the taxes were $23 and not they are $780, and he questioned what he was supposed to da wrth it. Mayor Kirkham said that the only answer would be the storm sewer system, and that he could see no other solution. Councilman Sheridan asked if he would like to fill both parcels. The Crty Engineer said that he would like to concentrate mostly on that part abutting Mississippa. Street. The water also sits on the back of parcel 620. Mr. Gonsior said that he had a buyer, and this is why he would like to fill the property. Mayor Kizkham commented that if the park bond issue had passed, there could have been a park in this area. Councilman Harris suggested that the City follow up on purchasing this property, since it is for sale The � road cannot be allowed to flood Planning Commission Request Mr Eldon Schmedeke said that as to the Walquist request, the Planning Commission would like some guidance on Fhat they should do with the smaller lots under commercial zoning. This lot is neither 200 feet £ront footage fl � REGULAR COUNCIL M�ETING OF MAY 18, 1970 PAGE 3 or 25,000 square footage as-the zoning ordinance xequires, It was part of an � older plat. He asked if there should be an Ordinance change in regard to the C-2 zoning Councilman Harris said that his intent when this was discussed was that the stipulations be either 200 feet front footage, or 25,000 square feet, but not necessarily both. He felt that it should be eithes/or. As it reads now would produce some unbuildable lots. �r. Schmedeke said that there would be other parcels with a similar request. NOTE: This item again discussed later in the Meeting under the heading: "Receiving Memo from City Attorney Regarding Oliver Erickson Request". Smith, 7600 Jackson Street NLr. Smith asked whare the access would be for the apaxtment house in his area. He said that he had heard that there was going to be one on Lyric, contrary to what was agreed when they got the building permit. The Caty Engineer told him that access is only on Osborne Road. APPOINTING OF MAYOR PRO TEM Councilman Sheridan pointed out that the last time the Council appointed a Mayor Pro tem was in January, 1968. This has been an oversight. Mayor � Kirkham suggested continuing with the same policy of using the Councilman At Large as the Mayor Pro tem in the Mayor's absence. He felt that as he is elected by the voting public at large, this should be a sound reason for his being Mayor Pro tem MOTSON by Councilman Sheridan to appoint Councilman David O. Harris as Mayor Pro tem for the balance of 1970. Seconded by Councilman Breider. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously. CONTINU�D PUBLIC HEARING ON ASSESSMENT FOR STREET IMPROVEMENT PROJECT ST. 1969-1 (62ND WAY, POTHSEK'S ADDITION): The City Manager reported that Mr. Potasek would not be present, but that he had asked Councilman Liebl to pro�ect his views. Councilman Liebl said that he had looked the pro�ect over, and there are three property owners involved; Mr. Potasek, Mr. Hoyt and Mr. Richard Harris. Mr. Harris has already been assessed a full amount on a stre�t improvement program. There has been no work done on access to his property except a l" mat on his driveway, tihe same would apply to Mr. Potasek. He did not get curbing and his access was not improved, so there should be no assessment. Mr. Hoyt has 25 feet with curbing and should be assessed for only what he received. Mr. Potasek has indicated that he would be willing to pay an assessment if he were to receive the street and curbing, but he � was persuaded not to have the unprovement by the City Administration, as he was told that then there would be no assessment. Councilman Liebl said that he did not believe that Mr. Potasek or My Harris could be assessed for something that they did not receive. ��n� REGULAR COUNCIL MEETING OF MAY 18, 1970 PAGE 4 � The City Manager said that the Finance Director and himself looked this over and felt that as Mr. Potasek and Mr. Hoyt did not have the curbing, they should not be assessed, but leave on the street assessment. The Finance Director said that this is the way the new roll is made up. If the Council deletes anything, the assessments then on the other lots would go up. Councilman Liebl said that the two property owners only got a maintenance 7oU so that they could qet access to their dxiveways. The Finance Director said that the Harris property was never on the assessment rolls. Councilman Liebl said that Mr. Potasek only received about a i" mat and should not be assessed for the full assessment. Councilman Sheridan asked what was the policy for assessing on a curve or a cul-de-sac. The Finance Director said that the lot width at the building site is used. The curbing or full surfacing did not go in front of Potasek's lot. Mr. Potasek actually has a double sized lot. Councilman Liebl asked if, when Mr. Potasek get the curbing and permanent street to his property line, will the other people on the street get assessed� He said that they will not. The Council cannot assess this man for a permanent improvement that he did not recieve. The Finance Director said that the roll was made up on what he assumed the rules and regulations to be. If the Council says he should be left out, this is the way it will be certified to the County. Mr. Richard Aasris said that he was present when the diswssion took place � between N1r. Potasek and the Assistant City Engineer. There is 25' of driveway that is shared commonly be Potasek and Harris. The City did not maintain or plow this driveway, it is maintained by them. At the time the improvement was proposed, Mr. Potasek considered having his section done, but was told that if it was not done, he would not be assessed, so Mr. Potasek decided that it could be done at some latex date. Mr. Harris said that Mr. Potasek feels that he owes something, but not the entire amount. Councilman Liebl said that the curbing is not up to Potasek's property. Mr. Harris said that it is about 1/3 of a lot away. A modified type of drive over curb was put in to tie onto the Riverview Terrace curbing. Mayor Kirkham said that this apron would still be considered curbing. It is 7ust a different kind. The City Engineer added that rt cost as much. Ae said that there was not full right of way. This is why the street is not plowed. He would assume that unless another 30 feet is dedicated they would not put in the street. This is basically a driveway, but the City owns the access. The City does not install curbing unless there is full right of way. Mayor Kirkham saa.d that Mr. Potasek has a driveway with an apron l�.ke everyone else has, with a 1" mat on the street The street is not private property. The City Engineer said that the curbing was the gutter type to carry water. Mayor Kirkham said that the proposal is to assess for the curbing he has. Councilman Liebl said that he would recommend that he not be assessed and if he puts it in later, only he would be assessed. He agreed that Mr. Hoyt must be assessed as outlined in the assessment roll. � Councilman Sheridan asked why there were two different fagures for Lot 1, Block 1, and the Finance Director said that this is for 25 feet with curbing and 59 feet without curbing. Mr. Hoyt said that the Assistant City Engineer talked them out of getting the curbing. He said that he got 25 feet and Mr. Potasek did not get any. The z� � REGULAR COUNCIL MEETING OF MAY 18, 1970 PAGE 5 maintenance portion he said that they would not be assessed for. Councilman � Sheridan told him that his assessment would be $8.59 fox the street with curbing and $5.70 for the street without curbing. Mayor Kirkham said that there was no assessment for the overlay on the driveway. The Finance Director saa.d that the assessment for the street is the same for everyone. A certain section of a street is not assessed only to those people, but it is evened out throughout the street. Mr. Potasek would be paying his share of the main street. There followed a discussion at the Council table while looking at the Engineering Department's street maps. Mr. Hoyt agreed that the assessment was fair. MOTION by Councilman Harris to close the Public Hearing on the Street Improvement Pro�ect wt. 1969-1, 62nd Way, Potasek's Addition. Seconded by Councilman Breider. Upon a voice vote, all voting aye, Mayor Kirkham declared the mota.on carried unanimously. CONSIDERATION OF FIRST READING OF AN ORDINANCE FOR REZONING RE UEST (ZOA #70-01) TO REZONE FROM R-1 TO R-3� GENERALLY LOCATED ON 5TH STREET TO 7TH STREET FROM MISSISSIPPI TO 63RD AVENUE N.E., BY NORNIAN E. RIEDEL: (Tabled April 20� 1970) Councilman Liebl said that as this property is located in the Third Ward, he took the liberty of checking into the special assessments against the � property. There were assessments levied in 1960, 1962, 1965, 1967, and 1968 with a spread of 5, 10 and 15 years, amounting to about $32,000 without interest. He said that it was stated that the Catholac Church was at one time interested in buying the land for St. Williams Church. He checked with the Father of the Church, and he reported that there was never an offer made Uecause the City of Fridley then had an option on the purchase af the land, and Mrs. Riedel honored the option. He said that there is an Internal Revenue Service man interested in the property in return for back taxes, and he was afraid that the City would not get anything out of it. He saa.d that he checked with the Assessor on the amount of return there would be on a tax structure of this kind and was surprised at the amount of return. The proposed development has 168 one bedroom units, and he did not feel that that amount of single bedroom units would yield very many children. He reported that he had checked with five developers and three bankers and they felt that the land was not developable as R-1. He said that frankly, low income housing wrth all the attending ramifa.cations scared him. He said that some of the ad7acent people have said that they would go along with a com- mercial development and some were against that also. It is the obligation of the Council to protect the school district and also the environmental condrtions of the City of Fridley. He felt tha this was one of the best plans he had ever seen. He questioned whether the traffic problems this would involve would be suhstantial grounds on which to refuse the rezoning, and pointed out that the previous City Attorney thought that the traffic considerations were not sufficient grounds for refusing a rezoning request, but that the tra££ic problem was a problem of the City. This is something � that must be solved after the rezoning is done. He questioned what the City would do in regard to the law suit if we should lose and have to pay. The City Attorney said that if the plaintiff was successful, the money would have to come out of general funds, and the mill rate would have to be raised. This would not be assessable to the ad7acent property owners. He felt that a traffic problem would be one valid consideration in regard to a � e� �` REGULAR COUNCIL MEETING OF MAY 18, 1970 PAGE 6 � rezoning. The Attorney for the estate said that he had a tax computation for July, 1966, and at that time there was owed $22,421.93, and they were allowed 15 months to pay this amount. The interest is 8o a year. They have got an extention of time, but if it is not paid before June lst of this year the Government will take it. The $22,000 must be paid. This property has been in the Riedel family since 1906 and is the only asset in the estate. He said that if nothing is done by June lst, he will have to contact the Internal Revenue Service, but he said that he did not wa�t to do this. Mr Wa11's proposal would benefit everyone. All Mr. Riedel wants to do is to liquidate his estate and close it. He said that he could not find any zoning map for prior to 1956, but he understood that at one time the Riedel property was zoned commercial. Ae said that there was over $31,D00 in special assessments, which included an assessment for curbing, yet this curbing was cu.t so that the water could be channeled onto the Riedel property. I-Ie asked that this be rezoned to R-3. He felt that rather than have low cost housing in there, why not have something that everyone would be satis£ied with. Mr. Wall has stated that he was willing to contribute an extra amount toward the storm sewer, and the law suit will be dismissed against the City if this rezona.ng is granted. Mr. Leif Henriksen, 495 Mississippz Street N.E., said that he lived on the corner of 7th Street and Mississippi Street. He said that he has seen some � nice 1ow cost housing for elderly people. Mr Robert McPherson, 500 Sennett Drive N.E., said that the traffic is sti11 a problem for the area. Commons Park ts 7ust south of the area and there is a lot of traffic on 7th Street. There is also a school wmplex 7ust to the south. He asked if the next assessment would be for an overhead to take care of the traffic. He said that the Council should be aware that there will be a 1ot of children in this area. Mr. Carl Paulson asked if there were any plans for low income housing for elderly people. Mayor Kirkham said that he did not know of any. Councilman Harris pointed out that this plan has not been approved by the Council, and is�not necessarily the plan that would be followed. Mr. Wall said that if the Council will approve o£ their plan, this is the one that they would like to follow. � Councilman She�ridan indicated to Mr. Fred Wall that should this rezona.ng carry on the Eirst reading, prior to the second reading would be the approval o£ the plans by the subcommittees and the Council, and the application and issuance of the building permit. Then the final reading would take place. He said that Mr. Wall had indicated to him that he is fully aware of this procedure. Councilman Liebl said that if this should carry, he would like to be sure that � there is no access on 7th Street, and that the setbacks would be 125 feet. Mr. Wall said that this would be done. Councilman Liebl said that he could not agree to the retaining pond, and Mr. Wall said that they would 7ust as soon take it out o£ the plans also. Councilman Liebl said that the City has abused this land. � SJ �� REGULAR COONCIL MEETING OF MAY 18� 197D pAGE 7 Councilman Harris asked the density per acre, and Mr. Wall said that he did not know, but zt was within that allowable by the Zoning Ordinance. He thought that it would be about 17 per acre. Councilman Harris said that the entrances on Mississippi Street would cxeate a tremendQUS amount of traffic and asked if there had been anp consideration given to any entrances and exits on Sth Street. Mr. Wall said that he would be happy to work with the City's traffa.c coordinatar He said that they would also have the safety of their tenants at heart. Mr. Leif Henriksen said that he was told that this was R-1 property and that it would stay that way. He moved out here to get away from apartsnent houses, now he would have one across the street from him, and a church behind him. He said that he wanted to put in a duplex, but he was refused. He pointed out that he also pays his fair share of taxes. Councilman Harris said that under the R-1 zoning the density is about 12 people per acre and asked Mr. Wall if he would be willing to work with this density. Councilman Harris said that 17 exceeds the Zoning Ordinance. Mr. Wall said that if 17 exceeds the Ordinance, then he must have the wrong figure, as he was sure that he was within the allowable density. An R-3 development with a density of R-1 would not be practical. MOTION by Councilman Liebl to adopt the rezoning ordinance requested by Mr. Normal Riedel on first reading and waive the reading. Seconded by Council- man Breider for discussion, Councilman Breider said that he must speak in opposition to the motion. He said that Councilman Liebl has spoken of the moral obligation of the Council to look at the tax revenues. He pointed out however, that apartment houses require more services. In checking he found that there were 28 burglary attempts reported for private homes versus 72 for multiple dwellings. This is a 41% difference. He said that he had analyzed the apartment study and finds that there are more children coming from the older apartment houses a.n Fridley than from the newer ones. He felt that the tax benefit would not be as great as it is anticipated to be. He said that he was not quite sure what there was to be afraid of in regard to the low income housing for elderly people. He felt that it would be a violation of his oath to say that because a person is old the City cannot supply wrth housing. He did not believe the constitution stipulated between old and young. He said that the traffic would be horrendous. It seems that there must be someone killed or mutilated before there can be any action. There was also a petition against this wrth about 260 signatures. Secause of these points, he felt that he could not vote in favor of the rezoning. Councilman Liebl said that he would like to see the elderly people stay in their single family homes, but they find that they cannot pay the taxes. Councilman Sheridan said that he has had conversations with people from all three wards and the £eeling seemed to be fairly evenly split. Some were against the proposal and some felt that they could live with it. Some of the people indicated that they had a great deal of farth in Mr. Wall, and felt that he made a fine presentation, and that they could trust him to keep his word. He said that he would also have to consider the petition as Councilman Breider inda.cated, and that this would weigh heavily upon his vote this evening. � � , r�'� REGULAR COUNCIL MEETING OE MAY 18, 1970 PAGE 8 , Councilman Aarris told Mr. Wall that he would have to say that the plan presented is too high in density for this area. He said that he checked with a number of builders and they have all indicated that they feel that this would be too dense for the area. Mr. Wall said that there are some of the nicest apartment houses in the Metropolitan area in Edina and they have a density of 1/3 more than Fridley. He felt that they have developed a plan for the maximum density allowed under the ordinance. He said that they have also allowed for the deep setbacks. THE VOTE UPON TH� PSOTION, being a roll call vote, Liebl and Ktrkham voting aye, Harris, Breider, and Sheridan voting nay, Mayor Kirkham declared the motion FAILED. Councilman Breider said that he was very pleased with the way the plan was presented. He said that he hoped that his future plans will be as well thought out. Councilman Liebl said that the Council has an obligation to conduct business to the best of their ability. In his opinion the City has abused this land, and he said that he has tried to look out for the citizens of Fridley. Mr. Riedel said thank you for the consideration, and Mrs. Riedel pointed out that low income housing does not necessarily mean for elderly people. RECESS: � Mayor Kirkham declared a recess from 9:40 to 10 00 P.M. ORDINANCE #455 - AN ORDINANCE UNDER SECTION 12.07 OF THE CITY CHARTER TO VACATE STREETS AND ALLEYS AND TO AMEND APPENDIX C OF THE CITY CODE: (NSSSD Vacation of Marshall Street) The City Attorney said that he has reviewed the proposed easement from N.S.S.S.D. and he would recommend acceptance. He said that it does pro- va.de�Fra.dley with protection. MOTION by Councilman Sheridan to adopt Ordinance #455 on second reading, waive the reading and order publication. Seconded by Councilman Harris. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously. CONSIDERATION OF ACCEPTING PROPOSED LAND DEED AROUND 37TH AVENUE LIQUOR STORE FROM N.S.S.S.D.: The Ca.ty Attorney said that he now has this deed in his possession. MOTION by Councilman Harris to accept the land deed for land around the 37th Avenue Liquor Store from N.S.S.S.D. Seconded by Councilman Sheridan. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously. � ORDINANCE #456 - AN ORDINANCE UNDER SECTION 12.07 OF THE CITY CHARTER TO VACATE STREETS AND ALLEYS AND TO AMEND APPENDIX C OF THE CITY CODE: (Five Sands) MOTION by Councilman Harris to adopt Ordinance �`456 on second reading, waive the reading and order pvblication, and authorize the Mayor to sign the deed. Seconded by Councilman Breider. Upon a roll call vote, Kirkham, Harris, k� �,'a .REGULAR COUNCIL MEL'TING OF MAY 18, 1970 PAGE 9 Breider, and Sheridan voting aye, Liebl voting nay, Mayor Kirkham declared the motion carried. FIRST R�ADING OF AN ORDINANCE REGULATING BURNING, ADOPTING THE AIR POLLUTION REGULATIONS OF THE MINNESOTA POLLUTION CONTROL AGENCY BY REFERENCE, PROVIDING REQUIREMENTS EOR TAE STORAGE AND COLLECTIODS OF REFUSE; ANA PROVIDIDIG PENALTIES FOR VIOLATIONS OF THE PROVISIONS THEREOF Councilman Harris said that this was on the Agenda last week when it was asked that rt be revised to include the provisions covering commercial. He asked Councilman Sheridan if he felt that it was satisfactory. Councilman Sheridan said yes. The City Manager added that this ordinance gives commercial 3 months to submit plans and specifications for changes in theix incinerators, and 3 more months for compliance. Councilman Harris pointed out that Spring Lake Park and Moundsview have already passed a burning ordinance. The City Manager said that all outside burning would cease with the passage of this ordinance. Mayor Kirkham read the sections entitled "Burning Prohibited" and "Refuse Burning Equipment" aloud for the benefit of the audience. The City Attorney said that there should be a clause added that would repeal Section 33 of the old Burning Ordinance. MOTION by Councilman Liebl to approve the Burning Ordinance on first reading and waive the reading. Seconded by Councilman Harris. Upon a roll call vote, Liebl, Harris, Breider, Sheridan, and Kirkham voting aye, Mayor Kirkham declared the motion carried. ORDINANCE #457 - AN ORDINANCE UNDER SECTIDN 12.07 OF THE CITY CHARTER TO VACAT� STREETS AND ALLEYS AND TO AMEND APPENDIX C OF THE CITY CODE: (Mrs. Lorraine Kuschke) The City Engineer said that according to the City Attorney vacation can be accomplished by the normal procedure. The people will still retain theix easements they had before it was dedicated �to the City of Fridley. MOTION by Councilman Sheridan to adopt Ordinance #457 on second reading, waive the reading and order publication. Seconded by Councilman Liebl. Upon a roll call vote, Harris, Brea.der, Sheridan, Kirkham and Liebl voting aye, Mayor Kirkham declared the motion carried unanimously. BPPOINTMENTS TO COMMITTEES AND COMMISSIONS• Councilman Sheridan saa.d that he still did not have a definite yes from the person he had asked to serve on the Plats and Subdivisions - Streets and Utilities Subcommittee. Mayor Kirkham saa.d that he did not have a recom- men�.ation far the Human Relations Committee either. MOTION by Counczlman Harris to table consideration of the appointments to the Meeting of .TUne 1, 1970. Seconded by Councilman Sheridan. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously. , � � � � � REGULAR COUNCIL MEETING OF MAY 18, 1970 PAGE 10 CONSIDERATION OF REQVEST TO ALTER LANDSCAPING AND PLANTING PLAN FOR IIOLIDAY STORE: Mr. Keith Holvenstot, Holiday, said that he has submitted plans for the proposed change. He said that they wa.sh to improve the entire border area along 57th Avenue, by removing all of the white stone, which is very difficult to keep in place, seed or re-sod the entire area, and replant in its present configuration approximatelg 100 evergreen trees. He said that they wish to remove the green planting area within the parking lot and replace with concrete. The purpose is to make it more sightly and easier to maintain. He said that they have found that due to inadequate water, salt, grime, and oil from the automobiles, it is virtually impossible to keep these areas in proper condition. The plantings which do exisi serve as a barrier which collects paper, cans, bottles, and other debris. In removing these, they feel that it will make the lot easier to clean and maintain. He said that they plan on contracting out the sweeping, and then the concrete insets could be swept also. He said that they plan on sweeping twice a week, once �ust before the weekend and once 7ust after, if that will be sufficient. He said that they plan to include watering of the sod and the evergreens along 57th Avenue. Councilman Harris asked if sweeping twice a week is not enough, will it be done oftener. Mr. Aolvenstot said thzt they would. He admitted that the maintenance of the lot has been substandard. He said that they wanted to maintain a clean, neat appearance. MOTION by Councilman Harris to approve the landscaping and planting plan as submrtted by Erickson Petroleum Corp. Seconded by Councilman Liebl. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously. Councilman Liebl said thank you to Mr. Holvenstot for his cooperation. DISCUSSION REGARDING SIDEWALKS ON WEST MOORE LAICL' DRIVE: The City Engineer reported that there have been three rows of stakes put in. One row represents the placing of the sidewalk in the City right of way, one row is the property line and the other row is where the sidewalks would be on the property owners' land. He said that he talked to 6 property owners, which was all he was able to contact, and they still feel that they do not want Y.he sidewalks, Mr. Nawrocki has the problem that the street is off- centered in front of this lot, so he suggested that the sidewalks could be on his property by 2 feet rather than the 5 feet Councilman Liebl said that from what he has seen, the children mostly use cars and bikes to get to school and the beach. I-le said that he would hate to see the beautiful trees lost, especially in light of the tree beauti- fication program Fridley has. He felt that this is strictly a residential neighborhood and that the sidewalks were not needed nearly as much as they are on East River Road. Mayor Kirkham said that the original intention was to provide off street safety for students on the way to school. Councilman Sheridan agreed and pointed out that there are already sidewalks around the schools. � t1j � � �� REGULAR COUNCIL MEETING OF MAY 18, 1970 PAG� 11 Councilman Harris said that he was cognizant of the wishes of the people, however, the Council did adopt a sidewalk program, and in the interest of continuity, it should either be followed or abandoned. Councilman Liebl said that he felt that the sidewalks should be around the schools, and are surely needed on East River Road, but he d�d not feel that sidewalks in this area would serve the purpose intended. There are 5 or 6 properties where the sidewalk would be very close to the house, and with the snow removal, the banks would be too close to the house. _ Councilman Sheridan said that the width of the sidewalks was increased from 4' to 5' and asked what if they were to be reduced back to 4'. Mayor Kirkham asked how much easement the City had and the City Engineer said about 9' from the curb to the property line. Councilman Sheridan asked how much room was necessary for snow storage and the City Engineer said about 8' minimum. Mr. Harry Nawrocki said that last fall there was a meeting on the proposed street and sidewalk. After much discussion it was agreed to put in the street, but no sidewalk. The vote was 28 to 0 in favor of no sidewalk. He asked why these condemnation proceedings. He said that there were not sidewalks in the suburbs. He said that he and his neighbors still do not want sidewalks. Councilman Liebl said that this is a sidewalk that everyone would pay for through State Aid funds. He felt that it should go where it would do the most good, rather than put a sidewalk in a residential area. Mayor Kirkham said that there are children on the street. This falls right in line with the Council policy on the sidewalk program. This area is ad�acent to schools, and this thoroughfare bears a lot of traffic. He said that he realized that they are needed on East River Road too, but this has no bearing on this case. A resident of the area sazd that there are not that many children walking in the street. Councilman Breider said that he looked this area over and felt that sidewalks would be out of place. The intention of the sidewalks was to serve people, and in this case, it appears that they would not be used that much. There are several very nice trees that would have to come down. It would seem redundant to put in nice trees, then come along and take them down. He said that he could not agree with Councilman Harris that the whole program would have to be scrapped. It should l�e treated just like a street program, which allows for deletions. He,said that he would have to agree with Councilman Liebl. Councilman Sheridan said that he also would hate to lose the nice trees. He felt that if the Crty is going to continue the sidewalk program, perhaps it should be kept within the right of way, maybe by off-centering the street. Rather than put these sidewalks on the City right of way and lose the trees, he would rather see them deleted. MOTION by Councilman Liebl to delete the sidewalk from this pro�ect on West Moore Lake Drive from T.H. #65 to the school, Seconded by Councilman Harris for discussion. Councilman Harris said that he would have to vote against this motion. He felt that this would be setting a bad precident. When the sidewalks were talked of last year, they were to be assessed, but these would not be assessed. fIe said that he was sure that when sidewalks are proposed for Osborne � LJ � �� REGULAR COUNCIL MEETING OF MAY 18, 1970 PAGE 12 � Road or East River Road, the people will be opposed to them also. He felt that if this did not go through, the sidewalk program would come to a halt. A resident in the audience said that as far as the sidewalk program goes, most rules have to be bent from time to time. He said that he would like tc have something to say about what happens in his neighborhood, and he is still opposed to the sidewalks. He said that if he really felt that they were necessary for the childrens' safety, then he would be in favor of them. THE VOTE UPON THE MOTION, being a voice vote, Liebl, Breider, Sheridan and Kirkham voting aye, Harris voting nay, Mayor Kirkham declared the moti�n carried. RESOLUTION #100-1970 - RESOLUTION DELETING SIDEWALKS FROM STREET IMPROVEMENT PROJECT ST. 1970-2 AND WITHDRAWING COURT ACTION POR RIGHT_QF WAY ACQUISITION FOR THE SIDEWALKS: MOTION by Councilman Harris to adopt Resolution #100-1970. Seconded by Councilman Breider. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously. DISCUSSSON REGARDING CITY COUNCIL'S REQIIEST TO FOUR STAR INVESTMENT COMPANY APARTMENT COMPLEX FOR FENCING ON THE BACK LOT LINES ALONG JACKSDN STREET: The City Engineer reported that the Four Star Investment Company has indicated � that they will either put in the trees as called for on their plans, or put up the £ence requested by the neighbors, but not both. The building permrt has been issued with the trees in the plans. It was to be a continuous row of poplar trees. Councilman Breider said that there were many small children in that area, and the residents along Jackson 5treet are concerned about their safety with the traffic coming from the complex. Mayor Kirkham asked what kind of fence it would be. The City Engineer said a chain link fence, with slats in it to provide privacy. Councilman Harris pointed out that poplar trees have a short life and he felt that the fence would be better in lieu of the trees. MOTION by Councilman Liebl to ask Four Star Investment Company to install a 6' chain link privacy fence in lieu of the trees Seconded by Councilman Breider. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously. DISCUSSSON REGARDING GRADING PLAN FOR PARK CONSTRUCTION, CHIES, O'BANNON PROPERTY: The City Engineer said that he had requested Mr. Dick Carlson of Park Construction Company to be present, but he is not here. � Mr. O'Bannon said that several weeks ago he gave the enqineering data to the City Engineer for Heather Hills Addition. The drainage plan is to be done by Comstock and Davis Inc. He said that he would like the Council to give the City Engineer authority to go ahead. He saa.d that he has a house built there for sale at the present time, and that he has sold some lots in the axea. In the next few months he will need sewer and water in the area, which will be supervised by Comstock and Davis, Inc. �I �- REGULAR COUNCIL MEETING OF MAY 18, 1970 PAGE 13 The City Engineer explained further that he will be doing the work himself so he would have to be bonded and the Consulting Engineer and the City would be doing the inspecting. One of the grades is 13% which exceeds the platting ordinance, which requires 60. If the Council approves this variance, it should be with the understanding that on the steep portion of the grade, the street is to be concrete with a rough surface. Mr. O'Bannon said that he would agree to this. MOTI�N by Councilman Harris to approve the variance of grade from the platting ordinance, sub7ect to the property owners agreement to put in concrete paving on the steep portion of the street. Seconded by Councilman Sheridan. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously. CONSIDERATION OF SHELDON MORTENSON'S SIGN AT SKYWOOD MALL, CONTINUATION OF PERMIT: (On Agenda at Request of Councilman Sheridan) The Crty Engineer said that this sign is bigger than the Ordinance allows, but the building is very low. Mr. Mortenson brought forward a picture of the sign. Councilman Harris said that he had no ob7ections. MOTION by Councilman Harris to approve the sign request by 5heldon Mortenson with the understanding that all signs along the facade are to be the sazne height. The motion was seconded and upon a voice Vote, all Voting aye� Mayor Kirkham declared the motion carried unanimously. DISCUS5ION REGARDING MEADOWLAND PARK DITCH PIPING AND IMPROVEMENTS: The City Engineer said that last time this was discussed two of the residents in the area were going to circulate a petition for storm sewer. He s�id that he understood that they did not meet with much success. He said that there is money approved for work on this ditch and he would like to have it completed this year Councilman Breider said that he talked to one man yesterday and he asked him about the possibility of including people outside of the storm sewer area. The City Attorney said that this would create many problems. Those people will eventually be in a storm sewer district of thea.r own. Councilman Breider said that when it was presented, it would cost about $1400 to $1500 per home. The City Engineer said that the estimated assessment would be about $700 for a normal size lot. The question was raised on how much additional the City would have to come up with, if the figure of $3.05 per 100 square feet (which was the cost in 1966) plus an amount to take into consideration the increases in construction costs was used. The City Engineer estimated about $40,D00 which would have to come from other funds. Councilman Harris felt that rather than overburden one district with a very high assessment, that the figure of $3.05 per hundred square £eet plus an increase to reflect the rising construction costs should be used. This would leave a balance that the City would have to stand. The Crty �ngineer pmnted out that some of the people would have a credit due. Councilman xarris said that there will eventually be a need for a storm sewer anyhow. The City Engineer said that about 900 of the area is already developed, so there would not be too much added run-off. Councilman Sreider said that he has seen some children in and around the open ditch. He asked where could the $40,000 come from. The Finance Director said that he did not have any information available at this time, ' � , �� REGULAR COUNCIL MEETING OF MAY 18, 1970 PAGE 14 � and would have to work something up. Councilman Harris asked how much it would cost to prepare the plans and specifications and the City Engineer replied for an $80,OOD pro�ect at 5%, about $4,000. MOTION by Councilman Breider to instruct the Einance Director to try to work out where the money could be obtained, and have it ready for the next regular Meeting. Seconded by Councilman Harris. Upon a voice vote, all votinq aye,Mayor Kirkham declared the motion carried unanimously. The City Engineer explained that there is to be a ditch and ponding area through Lot 8 to the storm sewer system on 68th Avenue, as the inlet is too high. The City Manager said that he had talked to Glenn Thompson of the Michael Servitus Church and the City Manager suggested fencing across the south property lines, anci extend the pipe further to the west in the park and provide a ponding area in Lot 8. Councilman Harris said that a fence in the park would not prevent the children from gmng into Lot 8. The City Manager suggested getting permission to fence the ponding area on Lot 8. Mayor Kirkham felt that this is a potential hazard, true, but where does the parents responsibility start in keeping their children out of there. If every potential hazard were to be fenced rt would be never-ending, and could include Rice Creek He felt that the parents should bear more responsibility in watching over their children. He said that he would hate � to think of spending money to fence on Lot 8 which is not City property because the people are not watching thea.r children. Councilman Harris said that he believed that many people think that Lot 8 is City property. DISCUSSION REGARDING LOT SPLIT REQUEST BY CLARENCE FOSSE� 73RD AVP�NUE MOTION by Councilman liebl to concur with the lot split with one lot to be 73_feet and the other 67 feet, to provide for the 7-� feet setback. Seconded by Councilman FIarris for discussion. Councilman Harsis asked NLr. Fosse if this was agreeahle to him and Mr. Posse replied that it was. THE VOTE UPON THE MOTION, being a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously. RECONSIDERATION OF PROPOSED FINAL PLAT (P.S #68-OS), MARXEN TERRACL', THOMAS MARXEN: The City Engineer said that this plat was approved two years ago. It is �ust east of the property NLr. George Nelson was attempting to rezone. The plat is all right, but there is a drainage problem, and it will eventually have to hook onto some storm sewer system. He wants to build homes on Onondaga Street, and there is no development proposed for the back lots. � MOTION by Councilman Harris to approve the final plat Barxen Terrace. Seconded by Councilman Breider. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously. �� REGULAR COONCIL MEETING OF MAY 18� 1970 CONSIDERATION OF REQUEST FOR STORM SEWER CONNECTION TO ONONDAGA STREET SYSTEM BY MIKE J. ELNICKY: PAGE 15 The City Engineer said that he is building an apartment house and is willing to put in a pipe through to Eacon Drive on Onondaga Street. There is no easement so the City would have to acquire one, and he cannot hook onto the line in 73rd Avenue wrthout digging up the new street. The question i& if the Council wishes to a11ow him to develop, with the thought that there wi11 be a storrn sewer system later when the property develops more, or to get an easement for him to connect onto the line in Onondaga. Councilman Sheridan asked if he put in the conduit from his building site to the line in Onondaga, would he be willing to put in the size pzpe to tak,e care o£ future developmant. The City Engineer said yes, the size is no problem, the problem would be the cost of the easement. Councilman Sheridan said that by acquiring an easement, the City may be dictating the future development. He thought that it would be better to let him develop his property until the development in the area dictates a storm sewer system, then put it in as a pro�ect. The City Engineer said that this area was originally deleted from a district, so when it goes in, it will become a sub-district MOTION by Councilman Harris to let Mr. Elnzcky develop his property with surface drainage and a ponding area at the back lot line, until future development dictates a storm sewer system. Seconded by Councilman Breider Upon a voice vote, Kirkham, Harris, Breider and Sheridan voting aye, Liebl voting nay, Mayor Kirkham declared the motion carried. Councilman Liebl said that he felt that this was creating a problem, and if the developer was willing to put in the pipe, this would have been better. R�CEIVING TH� MINUTES OF THE PARKS AND R�CREATION MEETING OF APRIL 27, 1970: MOTION by Councilman Harris to receive the Minutes of the Parks and RecYeation Commission Meeting of April 27, 1970 Seconded by Councilman Breider for discussion. Councilman Breider said in reference to Chase Island, that the Parks and Recreation Commission seem to be talking about a considerable expenditure of money. He said that in his opinion he would rather see the money spent on existing parks rather than the development of a new park. He said that he would like to see some priorities if they are starting on their budget for the next year. Councilman Harris agreed that he felt that this would be a low priority item. He said that he thought that this was indicated to them before. Mayor Kirkham said that he felt that some areas should be left natural, and Councilman Sheridan agreed. Mayor Kirkham said that this could be done sometime, but he did not believe in the immediate future. THE VOTC UPON THE MOTION, being a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously. MAYOR KIRKHAM LEFT THE MEETIPdG AND MAYOR HARRI5 PRO TEM PRESIDED FOR THE REST OF THE M�BTING. , 1 � �� � REGULAR COUNCIL MEETING OF MAY 18, 1970 PAGE 16 � RECEIVING THE MINUTES OF THE PLANNING COMMISSION MEETING OF MAY 6, 1970: 1. REZDNING REQUEST, ZOA #70-04, CPL. JAMES L. ROBINSON BY G.D GIANCOLA TO REZONE LOTS 1 TO 6, LOT 9, AND NORTH 68 FEET OF LOT 20, CENTRAL AVENUE ADDITION: Rezone Lots 1 to 4 and Lot 9 from C-1 to C-2 and Lots 5 and 6 and north 68 feet of Lot 20, Central Avenue Addition from M-1 to C-2. (Corner of 73rd Avenue and Central Avenue) MOTION by Councilman Breider to set the Public Hearing for the rezoning request by Cpl. James L. Robinson fax Sune 8, 1970. Seconded by Councilman Sheridan. Upon a voice vote, all voting aye, Mayor Harris Pro tem declared the motion carried. 2. LOT SPLIT REQUEST L.S. #70-05, CPL. JAMES L. ROBINSON BY G.D GIANCOLA, ATTORNEY Lot 20, Central Avenue Addition. Split so N� is 68 feet and S'� is 67 feet. (126 feet west of Central Avenue and north of Brook Street) It was agreed that this lot split will be taken up at the same time as the rezoning. 3. LOT SPLIT REQUEST: L.S. #70-07, ALBERT H. HARTMANN Six foot tra_angular parcel from Lot 20, Block 2, Sandhurst Addition added to Lot 19 to provide room for exista.ng driveway. � MOTION by Councilman Liebl to concur with the lot split requested by Albert H. Hartmann. Seconded by Councilman Breider. Upon a voice vote, all voting aye, Mayor Harris Pro tem declared the motion carried. 4. LOT SPLIT REQIIEST: L.S. #70-06, GEORGE L. WALQUIST: To split Lot 7, Block 1, Erco's lst Addition in half combining the Si� of Lot 7 with Lot 6 to make a building site for a proposed dental clinic. The Crty Engineer said that there was no action necessary by the Council as the Planning Commission has not made a recommendation as yet. He added that this is the item that Mr. Eldon Schmedeke spoke of in the beginning of the Meeting. MOTION by Councilman Breider to receive the Minutes of the Planning Commission Meeting of May 6, 1970. Seconded by Councilman liebl. Upon a voice vote, all voting aye, Mayor Harris Pro tem declared the motion carried RECEIVING THE MINUTES OF THE BOARD OF APPEALS MEETING OF MAY 12, 1970: 1 A REQUEST FOR A VARIANCE OF SECTION 45.053, 4B, SUBPARAGRAPH 3, TO REDUCE THE SIDSYARD ADSOINING AN ATTACHED GARAGE FROM S FEET TO 4 FEET TO ALLOW THE CONSTRUCTION OF A DWELLING WITH AN ATTACHED GARAGE ON LOT 7, BLOCK 3, HEATHER HILLS ADDITION� THE SAME BEING 6243 KERRY LANE N E. FRIDLEY� MINNESOTA (REQUEST BY ROBERT D. LEDIN� 1923 LINCOLN STREET, � MINNEAPOLIS, MINNE50TA) The City Engineer reported that there was no action necessary as this item was denied by the Board of Appeals. f+ ', ��� REGULAR COUNCIL MEETING OF MAY 18� 1970 PAGE 17 2. A REQU�ST FOR A VARIANCE OF SECTION 45.053, 4A� TO REDUCE THE FRONT , YARD SETBACK FROM 35 FEET TO 32.05 FEET TO ALLOW THE CONSTRUCTiON OF AN ADDITION ONTO AN EXISTING DWELLING LOCATED ON THE WEST HALF OF LOTS 16, 17 AND 18, BLOCK 4, OAK GROVE AD➢ITION, THE SAME BEING 1501 MISSISSIPPI STREET N.E., FRIDLEY, MINNESOTA. (REQUEST SY MRS. HELEN SHUTE, 1501 MISSISSIPPI STREET PS.E., FRIDLEY, MINNESOTA): MOTION ]�y Councilman Liebl to concur with the Board of Appeals and grant the requested variance to Mrs. Helen Shute Seconded by Councilman Breider. Upon a voice vote, all voting aye, Mayor Harris Pro tem declaxed the motion carried. PUBLIC HEARING FOR A REQUEST FOR A VARIANCE OF SECTION 45.053� 4B� SIIBPARAGRAPH 3, TO REDUCE THE SIDEYARD ADJOINING AN ATTACHED GARAGE FROM 5 FEET TO 4 FEET TO ALLOW THE CONSTRUCTION OF A 17 FOOT ATTACHED GARAGE ON LOT 3, BLOCK 2, PEARSON'S CRAIGWAY ESTATES 2ND ADDITION, THE SAMF BEING 7872 FIRWOOD WAY N.E., FRIDLEY, MINNESOTA. (REQUEST BY MR. BRUCE MILLER� 7872 FIRWOOD WAY NE� FRIDLEY� MINNESOTA): The Crty �ngineer explained that this a.tem has not been heard by the Board of Appeals. The Board of Appeals changed their meeting night from Wednesday to Tuesday, and the appla.cant missed the meeting. She request is to reduce the sideyard from 5 feet to 4 feet to permit construction of an attached garage. Mr. John Polymeros, of the Sussel Company, came forward to the Council table � and submitted a letter from Mr. and Mrs. David Kaliher, 7866 Firwood Way N.E., stating that they,.as ad�oining property owners,have no ob�ection. MOTION by Councilman Sheridan to receive the letter from Mr. and Mrs. David Kaliher, 7866 Firwood Way N.E. Seconded by Councilman Liebl. Upon a voice vote, all voting aye, Mayar Harris Pro tem declared the motion carried. MOTION by Councilman Liebl to close the Public Hearing on the variance requested by Mr. Bruce Miller, 7872 Firwoocl Way N.E. Seconded by Councilman Sheridan. Upon a voice vote, a11 voting aye, Mayor Harris Pro tem declared the motion carried. MOTION by Councilman Sheridan to grant the variance requested by Mr. Bruce Miller for a reduction in sideyard from 5 feet to 4 feet. Seconded by Council- man Liebl. Upon a voice vote, all voting aye, Mayor Harris Pro tem declared the motion carried. MOTION by Councilman Liebl to receive the Minutes of the Board of Appeals Meeting of May 12, 1970. The motion was seconded and upon a voice vote, all voting aye, Mayor Harris Pro tem declared the motion carried. RECEIVING TFIE MINOTES OF THE HUMAN RELATIONS COMMITTEE MEETING OF APRI.L 30, 1970: MOTION by Councilman Liebl to receive the Minutes of the Human Relations ' Committee Meeting of April 30, 1970. Seconded by Councilman Sheridan. Upon a voice vote, all voting aye, Mayor Harris Pro tem declared the motion carried. (� � REGULAR COUNCIL MEETING OF MAY 18, 1970 PAGE 18 � RECEIVING BIDS AND AWARDING CONTRACT, WATER IMPROVEMENT PROSECT #98 (Bids Opened 12:00 Noon, May 18, 1970) Planholder Bid Surety Lump Sum Bid Completion Time � � Gideo Construction Maryland Casualty $16,667.03 7217 77th Avenue North Company Minneapolis, Minn. 55428 So B.B. Minn-KOta Excavating, Inc. Capitol Indemnity $16,886.26 3401 85th Avenue North Corporation Minneapolis, Minn. 55429 So B.B. Associated Contracting Co. National Indemnity $12,900.00 2745 Sunset Lane Company Burnsville, Minn 55378 So B.B. O.& H. Excavating, Inc. Wis. Surety $14,650 00 2006 Qedar Drive Corporation New Brighton, Minn 55112 5o B.B. Charles Lave�oy Company St. Paul, Minn. 55101 30 Cal. Days 60 Cal. Days 30 Cal. Days 3D Cal. Days United States $17,536.50 6D Cal_ Days F & G Company 5o B,B. Councilman Harris said that this pro�ect was for the water line in the Great Northern plat to connect the new�well in the southwest corner of the plat MOTION by Councilman Sheridan to concur with the recommendation of the Consulting Engineer and award the contract for Water Improvement Pro7ect #98 to Associated Contracting Company in the amount of $12,900.00. Seconded by Councilman Liebl. Upon a voice vote, all voting aye, Mayor Harris Pro tem declared the motion carried. CONSIDERATION OF AMENDMENT TO BY-LAWS OF FIRE DEPARTMENT Councilman Harris said that it was not clear �ust what the changes were and wondered if they would upset the actuarial survey. MOTION by Councilman Sheridan to table to the next regular Meeting L-or further details on the proposed changes. The motion was seconded and upon a voice vote, all voting aye, Mayor Harris Pro tem declared the motion carried. MEMO FROM CITY ATTORNEY REGARDING SPRING LAKE PARK LAW SUIT: The City Attorney said that he has tried to meet with Mr. Fleming, but so far to no avail. He felt that Spring Lake Park will never enter into negotiation for their percentage of the cost of the storm sewer. A court case would be very lengthy and expensive, but he felt that this was the only avenue open. MOTION by Councilman Liebl to proceed through the court system to get relief from the Village of Spring Lake Park for the water problem created in Fridley. Seconded by Councilman Sheridan. Upon a voice vote, all voting aye, Mayor Harris Pro tem declared the motion carried. �� REGULAR COUNCIL MEETING OF MAY 18� 1970 REC�IVING MEMO EROM CITY ATTORNEY REGARDING REC CHARGES: PAGE 19 The City Attorney said that the simplest solution would be to notify the parties that paid the charge and the occupants of the home that tihere is a refund awarting them, give them the amount of the refund and advise them that the City will make the check payable to the party that paid the refund and the present home owner. A release form should be signed by both. In the event that no settlement can be reached, he advised that the people be told of Conciliation Court, where the �urisdiction is $300.00 with a$3.00 filing fee. Then the case would Ue heard by a 7udge and each case decided individually on rts merits. Mr. Sheldon Mortenson said that he counted the number of bathrooms for Penn Oil, figured that the chaxge would be $3D0, but the Building Inspector charged him $1200. Since then he was advised that a mistake had been made and received a$300 rebate. He asked what his recourse was to receive the balance. Mr. Mike O'Bannon said that he felt that the builder should get the rebate, as he is the one that took the chance on building the building on a contract price. If the contract is a cost plus, this would be a different matter. The City Attorney said that the City of Fridley is not in the position to make these decisions, and that they should be decided in a court of law. MOTION by Councilman Liebl to concur with the recommendations of the City Attorney outlined in his memorandum dated May 15, 1970. Seconded by Councilman Sheridan Upon a voice vote, all voting aye, Mayor Harris Pro tem declared the motion carried. RECEIVING THE CI'PY ATTORNEY MEMORANDUM REGARDING CHIES MANDAMUS SUIT: The City Attorney said that this suit arose out of the condemnation action against Chies. He said that he felt that there was no legal basis for withholding the balance of the money due Chies, and that the $3,250 that was billed to the City for the clean up of the right of way should be collected through an assessment. Councilman Harris asked if he was not in violation of the City Ordinances. The City Engineer said that the City ordered him to clean his property, which he did l�y pushing the debris off his property and into the City right of way Councilman Harris felt that this should be checked into further before the surt �,s dropped. The City Tattorney pointed out that he is sueing us, and the assessment against him is for the full amount of the cleanup required for removing the debris. Councilman Harris said that as he recalled he was also supposed to erect a fence. Councilman Sheridan suggested that this be tabled to the next meeting on May 25th for further review. The City Attorney said he would ask the Court for another extension of time on the case. MOTION by Councilman Sheridan to table consideration o£ this item to May 25, 1970. 5econded by Councilman Liebl. Upon a voice vote, all voting aye, Mayor Harris Pro tem declared the motion carried. RECEIVING TfiP� MEMO FROM THE CITY ATTORNEY REGARDING OLIVER ERICKSON REQUEST: The City Attorney said that as concerns the requirement of 200 feet front footage and 25,000 square feet in a C-1 and C-2 district, he felt that in � � ' �, .i REGULAR COIINCIL MEETING OF MAY 18, 1970 PAGE 20 � most cases, variances must be granted by the Board of Appeals where the use of the property would have been proper under the old Ordinance. It was agreed by the Council that the intent when discussing the Ordinance was that either the 200 front footage must be met, or the 25,000 square foot requirement, but not necessarily both. An amendment to the Zoning Ordinance is to be prepared for the June 1, 1970 Meeting. MOTION by Councilman Sheridan to receive the memorandum from the City Attorney concerning the granting of variances, as brought up by Oliver Erickson, dated May 18,1970. The motion was seconded and upon a voice vote, all vota.ng aye, Mayor Harris Pro tem declared the motion carried. MOTION by Councilman Sheridan to instruct the Administration to bring back an amendment to the Zoning Ordznance to allow for meeting either the 200 front footage requirement, or the 25,000 square footage requirement in C-1 zoning. Seconded by Councilman Liebl Upon a voice vote, all voting aye, Mayor Harra.s Pro tem declared the motion carried. RECEIVING MEMO FROM CITY ATTORNEY REGARDING NOYES MATTER: (SEWER AND WATER PROJECT �93) The City Attorney reported that the financial situation of the bonding company for D.M. Noyes Construction Company, Home Owners Insurance Company is � very precarious. However, he did not feel that this would be any basis for a change in the relationship wrth the Council. He said that in his opinion the Counca.l should�ignore the problems with the bonding company and treat the construction company like any other company the City rnay have a contract with. Mr. Comstock said that as of the last estunate, he thought that about 70°s of the work is completed. Including this estimate for $9,433.56, payments would be about 50%. The main difference is the amount of retenta.on. Sesides the normal lpo, there is also an item called "Ad�ustments" which amounts to a total of $43,371.00 retained. He said that it was questionable whether the sewer line in certain streets would pass the infiltration tests. He said that he was also unhappy about the cleanup work. There are some inverts that are still rough. In his opinion the Council should pay on the basis of completed work, and if they are willing to make these tests to determine if the other work is complete, then a larger payment can be made. This estimate is the amount of money that normally would be owing any other worker in the City. At this time he recommended wrthhalding any other payment until there are indications that they intend to start testing soon_ There has been no testinq done. He said that he understood that there would be some testing done on the water line the next day. He said that the retainage through the Ad7ustments are arbitrary on their part. The contract calls for periodic payment on those paxts of the work that is completed. Since there has been no testing, it cannot be considered completed. � Mr. Paul Noyes, Mr. Dave Noyes, and Mr. Fran Wilcox were present representing the D.M. Noyes Construction Company. Mr. Paul Noyes said that there was about $43,000 withheld through "Ad7ustments", plus the normal retainage of about $13.000. He said that he had never heard of such "Ad�ustments" before. He said that the company has already lost about $75,OD0 on this pro7ect. He said that in his opinion Mr. Comstock is recommending withholding more, because he is not sure of his legal footing. He said that if they only got this $9,000 payment of the estimate, they would shut down the pro7ect �� �l � � REGULAR COUNCIL MEETING OF MAY 18, 1970 PAGE 21 Councilman Sheridan aslced why he does not start the testing. Mr. Paul Noyes said that they have a completion date of July 1, they have about two weeks work left if they continue to work, and not stop for testing. He said that they must have their money to continue the work. He said that he did not have one letter in his office stating that there was anything wrong with the workmanship. He said that it has been to wet to test, and that there is no sodding required, so there is very little cleanup to do. Councilman Liebl said that he wanted the pro�ect completed properly, and asked what kind of a guarantee they could give. Mr. Paul Noyes said that they had already taken a$75,000 loss, so if they were going to walk off the job, they would have done it long ago. He then explained that they have had much more trouble than they had anticipated, plus underbidding the 7ob. Councilman Harris asked on the basis of the work completed, what they think should be done. Mr. Paul Noyes said that he felt that the Ad�ustments should be thrown out, and that the City would be completely safe in paying the money due. If they are thrown out, the testing can be done this week. He felt that it would create an undue hardship to accept only the $9,OD0. The City Attorney asked if the suppliers would be paid. Mr.Paul Noyes said yes, but how can the suppliers be paid with only the $9,000. He said that they were two weeks away from finishing the pro�ect. Then they would have some cleanup. Councilman Harris asked if they had considered what would happen to them if they should walk off the �ob. Mr. Paul Noyes said yes, and added that this is the last water and sewer �ob they intend to do. He said that this has been one of the toughest he has ever seen. He said that they were about SS°s done now. Councilman Aarris said that if the job was not completed, and the bond was no good, the City would be liable for a law suit. It was agreed through further discussion that Noyes is to meet with Mr. Comstock, Consulting Engineer concerning the testing of areas completed. Also, Noyes is to provide the Consulting Engineer with a list of supplies, labor and materials paid on due bills on the Fridley pro�ect. The checks would still be made to the D.M. Noyes Construction and the Home Owners Insurance Company. Mr. Noyes is to have information for the Consulting Engineer by Eriday, May 22, 1970, and meet with him by that time. Then the Consulting�Engineer is to provide information to the Council at the Meeting of May 25, 1970, at which time the Council will then consider further release of funds. MOTION by Councilman Sheridan to authorize payment of Estimate #6 for the D.M. Noyes Construction Company for Sanitary Sewer and Water Improvement #93 in the amount of $9,433.56, the check to be made out to both the construction company and the bonding company. Seconded by Councilman Liebl. Upon a voice vote, all voting aye, Mayor Harris Pro tem declared the motion carraed. CONSIDERATION OF HAVING FRIDAY AS HOLIDAY SEFORE MEMORIAL DAY INSTEAD OF ON NORMAL MONDAY MOTION by Councilman LieUl to concur with the Administration, and grant Friday be£ore Memorial Day as a Holiday rather than Monday. Seconded by Councilman Sheridan. Upon a voice vote, all voting aye, Mayor Harris Pro tem declared the motion carried. ' � 1 ""` �F E e� REGULAR COIINCIL MEETING OF MAY 18, 1970 � RECEIVING QUARTERLY REPORT FROM HEALTH SANITARIAN PAGE 22 MOT�ION by Councilman Breider to receive the Sanuary, February, and March activity report submrtted by the Health Sanitarian. Seconded by Councilman Liebl. Upon a voice vote, all voting aye, Mayor Harris Pro tem declared the motion carried. RESOLUTION #101-1970 - ADOPTING CITY OF FRIDLEY MEMORAN➢UM �r4-1970 AS TILE OFFICIAL EMPLOYEE EDUCATION PROGRAM EOR THE CITY OF FRIDLL'.Y: Councilman Liebl asked if this would apply to both union and non-union employees, and the City Manager replied yes MOTION by Councilman Liebl to adopt Resolution �101-1970. Seconded by Councilman Breider for discussion. Councilman Hreider wondered if the paragraph 2a, concerning issuing a letter grade of "C" or above and paragraph 2b, concerning issuing a numerical grade of "70a" or above could not possibly come in conflich wa.th each other, if an institution were to use both systems concurrently He asked if there were any supervisional guidelines. The City Manager said that they would be granted relative to the City of Fridley's needs. They must have some relation to the persons 7ob. � THE VOTE UPON TAE MOTION, being a voice vote, all voting aye, Mayor Harris Pro tem declared the motion carried. RE50LIITION #102-1970 - ORDERING IMPROVEMENT AND FINAL PLANS AND SP�CIFICATIONS AND ESTIMATES OF COSTS THEREOF: SSREET IMPROVEMENT PROJECT ST. 1970-4 ADDENDUM #1, The City Engineer said that in Eebruary the Council authorized the City Attorney to start condemnation proceedings to get the necessary right of way. He said that he has talked to Peter Lindberg on what tr.is plans were for filing his plat. Councilman Harris told Mr. Richard Harris that the authora.zation for the condemnation is found in the February 9, 1970 Council Minutes and asked him if he would wish to see them. Mr. Harris decl�.ned. Mr. Peter Lindberg said that he would�be will�.ng to dedicate the right of way on the east side of Main Street. The City Cngineer told him that at this time there would be a mat placed on the street, but no curbing. Later there would be a leveling mat and the curbing put in. Mr. I-3arris said that he had read the memorandum written by the City Attorney concerning the condemnation of the National Container Company (Dworsky) property, and he guessed that he would have to accept it. He felt that on 77th £rom the railroad tracks to Main Street the condemnation cost should be spread throughout the area, ' since this is the only access, and the only crossing over the railroad tracks. Councilman Sheridan felt that this would be the result of the spreading of the assessment cost, since the cost of the acquisrtion is against the pro7ect. i �- REGULAR COUNCIL MEETING OP MAY 1S, 1970 PAGE 23 NLr. Richard Harris said that they have purchased property across the street ' from them, so they will again be in the position of either dedicating the property or allowing it to be condemned. He said that they did not know which they would do. He said that he was in favor of the stre�t pro�ect. NLr. Harold Harris added that the north =, of 79th Avenue is not dedicated. MOTION by Councilman Liebl to adopt Resolution #102�1970. Seconded by Councilman Breider. Upon a voice vote, all voting aye, Mayor Harris Pro tem declared the motion carried. RESOLUTION #103-1970 - RESOLUTION CONFIRMING ASSESSMENT FOR STREET IMPROVEMENT PROJECT ST 1969-1 - ALDEN WAY AND 62ND WAY ONLY: Councilman Harris said that Mr. Hoyt felt that he was being assessed fairly. He is getting about $175 less assessment. Councilman Sheridan said that he did not feel that there should be any deviation from the normal procedure for assessment ro11s. MOTION by Councilman Sheridan to adopt Resolution #103-197D. Seconded by Councilman Breider Upon a voice vote, Harris, Sheridan, and Breider voting aye, Liebl voting nay, Mayor Harris Pro tem declared the motion carried. RESOLUTION #104-1970 - RESOLUTION DIRECTING PREPARATION OF ASSESSMENT ROLL FOR SEWER IMPROVEMENT PROSECT NO. 91: ' MOTION by Councilman Sheridan to adopt Resolution #104-1970. Seconded by Councilman Liebl. Upon a voiee vote, all voting aye, Mayor Harris Pro tem declared the motion carried. RESOLUTION #105-1970 - RESOLUTION DIRECTING PUBLICATION OF HEARING ON PRO- POSED ASSCSSMENT ROLL FOR 5EWER IMPROVEMENT PROJECT #91: MOTION by Councilman Sheridan to adopt Resolution #105-1970. Seconded by Councilman Liebl. Upon a voice vote, all voting aye, Mayor Harris Pro tem declared the motion carried. CONSIDERATION OF RESOLUTION WAIVING THE REQUIREMENT OF AN INDEMNIFYING BOND PRIOR TO THE ISSUANCE OF A DUPLICATE TO COVER A LDST OR DESTROYED DRDER-CHECK The City Attorney voiced some ob�ection to this as he did not believe that the City would have sufficient protection. He felt that if this is done, there should be a 5100 minimum. MOTION by Councilman Lieb1 to t3ble this item for further study by the City Attorney, and return to the Agenda if applicable. The motion was seconded and upon a voice vote, all voting aye, Mayor Harris Pro tem declared the motion carried. RESOLUTION #106-1970 - ORDERTNG PRELIMINARY PLANS, SPECIFICATIODiS, AND ESTIMATES ' OF THE COSTS THEREOF STREEi' IMPROVEMENT PROJECT ST. 1970-4� ADDENDUM #2• MOTION by Councilman Liebl to adopt Resolution #106-1970. Seconded by Council- man Breider. Upon a voice vote, all voting aye, Alayor Harris Pro tem decared the motion carried L J �— ' m REGULAR COUNCIL MEETING OF MAY L8, 1970 �_ .' ; � PAGE 24 RESOLUTION #107-1970 - RECEIVING THE PRELiMINARY REPORT AND CALLING A PUBLIC HE8I2ING ON THE MATTER OF THE CONSTRUCTION OF CERSAIN IMPROVEMENTS: STREET IMPROVEMENT PROJECT ST. 1970-4, ADDENDUM #2: MOTION by Councilman Liebl to adopt Resoluticr #107-1970, and set June 8, 1970 as the Public Hearing date. Seconded by Councilman Sheridan. Upon a voice vote, all voting aye, Mayor Harris Pro tem declared the motion carried. LICENSES: SERVIC� STATION Bill's Service 37�9 Marshall Street N.E. Fridley, Minnesota Country Boy Station Store 1301 DT.E. Mississippi Street Fridley, Piinnesota Tom Ryan Conoco 6389 University Avenue N.E. Fridley, Minnesota OFF SALE BEER Fridley Food Market 8154 East River Road Fridley� Minnesota FOOD E52ABLISHI��r1T Fridley Food Market 815l� East River Road Fridley� Minnesota Don�s Gulf Station 5300 Central Avenue AT.E. FridZey� Minnesota �Sears Roebuck & Co. 6199 Highway 65 N.E. Fridley� Minnesota -` Vending ilachines Only By: William Svetin By: John D. Baucom, Jr. Sy: Thomas F, Ryan By: John A. Rieck By: John A. Rieck By: Donald d. Michaels By: Viking Enterprises APPROVE➢ BY Building Inspector Fire Inspector Building Inspector Fire Inspector Building Inspector Fire Inspector Chie£ of Police Health Inspector Health Inspector N_ealth Inspector Health Inspector , i 1 �� IjEGULAEt COUNCIL MEETING OF MAY 18� 197Q LICENSES CONTINUEDo EXCAVATING Lenny Cochran F�ccava[ing Inc. 6537 Central Avemie Minneapolis, Minnesota Mike's ExcavaCing Route 4k1, Box 335 Anoka, Minnesota Park Construction Company 51-37th Avenue Id.E. Minneapolis, Minnesota GAS SERVICES Schnapp Plumbing & Heating 937-88th Lane N.W. Coon Aapids, Minnesota GENF.RAL CONTRACTOR Chucks Construction Company 3800 Hayes Street N.W. Columbia Aeights, Minnesota Custom Blacktop Construction 7651 Central Avenue N.E. Fridley, Minnesota Bud ,Tohnson Construction Co 45ll Belvidere Lane Edina, Minnesota R-Lee Construction Company 3307 �orth Highway �k100 Minneapolis, Minnesota Smith & Anderson Inc 912-4Qth Avenue N.E. Minneapolis, Minnesota HEATING Schnapp Plumb�.ng b HeaCiug 93�-88th Lane N.W. Coon Rapids, Minr.esota By: Leonard Cochran By: Mike Kircher By: Duane E Prairie By: Stanford Schnapp By. Charles ,T. Nelson By: Marlo June By: W. M. Johnson By: Albert Slazevic By: Ronald E Smith By: Stanford Schnapp , PAGE 25 APPROVED BY Bldg. Insp. Bldg. Insp. Bldg Insp. Plbg. Insp Bldg. Tnsp. Bldg. Insp. Bldg Insp Bldg. Insp. Bldg. Insp Plbg. Insp , C� 1 + r � � � REGULAR COUNCIL MEETING OF MAY 18, 1970 LICENSES CONTINUED. MASONRY Cedar Concrete Company Inc. 7720 Wentworth Avenue South Minneapolis, Minnesota Johnson Cement Company 5801 Lyndale Avenue North Minneapolis, Minnesota Victor Loeffler Construction 5135 Greenwood Drive Moundsview, Minnesota BLACKTOPPING Fairfax Asphalt 5841 Zenith Avenue North Minneapolis, Minnesota GENERAL CONTRACTOR By: William Smith PAGE 26 APPROVED BY Building Insp By: Robert L. Johnson Building Insp. By: Victor H. Loeffler Building Insp. By• John Pfaff Building Insp. Dailey Homes, Inc. � 8510 Central Avenue N E. Minneapolis, Minn. 55433 By Howard C. Thorson Building Insp. MOTION by Councilman Liebl to approve the foregoing licenses. The motion was seconded and upon a voice vote, all voting aye, Mayor Harris Pro tem declared the motion carried. CLAIMS MOTION by Councilman Sheridan to approve payment of the General Claims #21322 through #21468 and Liquor Claims #4444 through #450L The motion was seconded and upon a voice vote, all voting aye, Mayor Harris Pro tem declared the motion carxied. ESTIMATES Minnesota Onan Corpoxation 2525 EaSt Franklin Ave. Minneapolis, Minnesota FINAL Furnishing and Installing 85KW Electric Generating 5ystem and Control Morgan Equipment Company P O. Box 4184 Madison, Wa.sconsa.n 53711 FINAL Balance on Siren Equipment �� e� $12,577.00 $ 1,716.00 i°°' y�1 N ! REGULAR COUNCIL MEETING OF MAY 18� 1970 ESTIMATL^.S CONTINUED. Electric Service Co. 1609 Chicage Avenue Minneapolis, Minnesota 55404 EINAL Installation of Outdoor Warning System Comstock and Davis, Inc Consulting Engineers 1446 County Road "S" Minneapolis, Minnesota For Furnishing Professional Engineering Services on the Following Pro7ects: FINAL Estimate #1, Sanitary Sewer Improvement Pro7ect #96, Addendum #1 FINAL Estimate #1, Sanitary Sewer Improvement Pro7ect #96 PARTIAL Estimate #1, Water Improvement Pro]ect #95, Schedule B For the staking out o£ the construction work fox the following pro�ects. PARTIAL Estimate #6, Sanitary Sewer Improvement Pro]ect #96, Addendum #1 from March 30, through April 25, 1970 PARTIAL Estimate #4, Sanitary Sewer Improvement Pro]ect #96 from March 30, 1970 through April 25, 1970 PAI2TIAL �stimate #7, Water Improvement Pro�ect #95, Schedule A-1, Wells #10, & kll from March 30 through April 25, 1970. PARTIAL Estimate #7, Water Improvement Pro�ect #95 Schedule A-2, Well #12 from March 30 through April 25, 1970 PARTIAL Esta.mate #4, Water Improvement Pro]ect #95, Schedules �& F from March 30 through April 25, 1970 PARTIAL Estimate #7, Water Improvement Pro7ect #95, Schedule A-3, Well #13 from March 30, through April 25, 1970 PAGE 27 , $ 7,100.OD $ 1,247.30 $ 1,007.71 $22,710.15 $ 66.26 ' $ 53.68 $ 323.80 $ 238.39 $ 52.27 $ 38.02 PARTIAL Estimate #6, Sanrtary Sewer & Water Improvement Pro�ect #93, from March 30 through April 25, 197D. $ 1,668.33 MOTION by Councilman i.iebl to approve payment of the estimates. Seconded by Councilman Breider. Upon a voice vote, all voting aye, Mayor Harris Pro tem declared the motion carried. �� �� REGULAR COUNCIL MEETING OF MAY 18, 1970 PAGE 2S , COMMUNICATIONS: A. SPUR SERVICE STATION: REQUEST FOR IMPROVEMENT OF MISSISSIPPI STREET MOTION by Councilman Liebl to receive the communication from Spur Service Station dated May 11, 1970, and refer to the Administration. Seconded by Councilman Sheridan. Upon a voice vote, all voting aye, Mayor Harris Pro tem declared the motion carried. B. BERNICE OLSEN: REQIIEST FOR NO-PARKING SIGN ON ONONDAGA STREET MOTION by Councilman Breider to receive the communication from Bernice Olsen dated May 6, 1970 and forward to the Administration for review. Seconded by Councilman Liebl. Upon a voice vote, all voting aye, Mayor Harris Pro tem declared the motion carried. C. WILLIAM D. CAMP� JR.: REC CHARGE REFUND MOTION by Councilman Breider to receive the communication from William D. Camp, Sr. dated April 30, 1970. The motion was seconded and upon a voice vote, all voting aye, Mayor Harris Pro tem declared the motion carried D. REVEREND STONE REQUEST PERMISSION TO RECEIVE DONATIONS AT BALLGn.Mr � MOTION by Councilman Liebl to receive the communication from Pastor Arnold M. Stone, Redeemer Lutheran Church dated May 13, 197D and approve the request. The motion was seconded and upon a voice vote, all voting aye, Mayor Harris Pro tem declared the motion carried. E. NSP WEEKLY REPORT MOTSON by Councilman Breider to receive the weekly report from NSP dated May 15, 197D. The motion was seconded and upon a voice vote, all voting aye, Mayor Harris Pro tem declared the motion carried. F. FRIDLEY FIRE DEPARTMENT: DEATH OF FIREMAN MOTSON by Councilman Liebl to receive the communication from Robert S. Hughes, Fire Chief, dated May 18, 1970. The motion was seconded and upon a voice vote, a11 voting aye, Mayor Harris Pro tem declared the motion carried. COMPLETION OF WATER IMPROVEMENT PROSECT #95� SCHEDULE B: Mr. Comstock, of Comstock and Davis, Consulting Engineers, explained that a problem exists due to strikes that prevent completion of Water Improvement Pro�ect #95, Schedule B in time to avoa.d water shortages during warm weather He said that an agreement of the contractor is needed to proceed under emergency, either by a.nterim agreement with the union or getting a release to allow passage of an emergency ordinance. � MOTION by Councilman Liebl to authorize the City Attorney and the Consulting Engineer to proceed through whatever channels it seems necessary to complete the pro7ect. Seconded by Councilman Sreider. Upon a voice vote, all voting aye, Mayor Harris Pro tem declared the motion carried. �L REGULAR COUNCIL MEETING OF MAY L8, 1970 ADJOURNMENT: PAGE 29 MOTION by Councilman Liebl to ad7ourn the Meeting. The motion was seconded and upon a voice vote, all voting aye, Mayor Harris Pro tem declared the motion carried and the Regular Council Meeting of May 18, 1970 adjourned at 2:D0 A.M. Respectfully submitted, � '. %�-�` ��.C��r �/,� � v Juel Mercer Secretary to the City Council < < ,�_'�C'�C rL L�. /��?,,� C� C«. �_ _ i ' Sack O. Kirkha� �_ Mayor ' � �