07/20/1970 - 00018653� 4� �,
a
� THE MIN[1TES OF THE REGULAR COUNCIL MEETING OF JULY 20, 1970
Mayor Ka.rkham called the Regular Council Meeting of July 20, 1970 to order
at 8:05, and appologized for the lateness of the hour, and explained that
the Council had a meeting with the George Hansen Company, auditors for
the City. He said that the City is in excellent condition and they
received compliments on the excellence of the staff.
PLEDGE OF ALLEGIANCE:
Mayor Kirkham lead the Council and the audience a.n saying the Pledge of
Allegiance to the Flag,
INVOCATION:
Revexend Bergxen, Redeemer Luthezan Church offered the Invocation.
ROLL CALL:
MEMBERS PRESENT: Kirkham, Liebl, Harris, Breider
MEMBERS ABSENT: Sheridan
� APPROVAL UF MINUTES OF THE REGULAR COlINC2L MEETING OF JULY 6, 1970:
MOTION by Councilman Liebl to adopt the Minutes of the Regular Council
Meeting of July 6, 1970 as presented. Seconded by Councilman Sreider.
Upon a voice vote, all voting aye, Mayor Kirkham declared the mota.on
carried.
APPROVAL OF MINUTES OF THE SPECIAL PUBLIC HEARING AND WORKSHDP MEETING OP
SULY 13, 1970:
MOTIDN by Councilman Harris to adopt the Minutes of the Special Public
Hearing and Workshop Meeting of Suly 13, 1970 as presented. Seconded by
Councilman Breider. Upon a voice vote, all voting aye, Mayor Kirkham
declared the motion carried.
ADOPTION OF AGENDA:
Councilman La.ebl said that he has recea.ved a petition wi!ich should be
received under the consideration of 5t. 1971-1 and 1971-2 Street Pro7ect.
CQOTION by Councilman Liebl to adopt the Agenda with the additian of:
Petition #11-1970. Property Owners Not in Favor of an Improved Alley
Between 5th Street and 6th Street from 53rd Avenue to 54th Avenue.
Seconded by Councilman Harris. Upon a voice vote, a11 voting aye, Mayor
Kirkham declared the motion carried.
� VISITORS:
Mr. Jerry Schroer representing Brothen Inc. - Landscaping Plan
The City Engineer said that Brothen had met with Hob's Produce Ranch and
they habe"come up with a plan. He then submitted copies of their plan to
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REGULAR COUNCIL MEETING OF JULY 20, 1970
PAGE 2
the Council along with a letter from Brothen Inc. agreeinq to certain �
conditions. They have agreed to sod a 25' area in front of the building,
along with the empty lot on the north side along their frontage. They
have added on 5 more green ash trees. They will provide a concrete bumper
and wood border along the back to retain the rock. They have stated that
they will maintain about 5' of their neigYil�ors land to the south to make
sure they did not inconvenience their neighbors with the rock scattering
about. They have added more large rocks to the landscaping and they have
agreed to cut and maintain the green strip.
Councilman Liebl said that when Mr. Brothen came before the Council he did
not comply with the original intent for landscaping on the building pexmit.
He was instructed by the Council to comply.
Mr. Schroer said that Mr. Brothen's feeling was that the Council wanted a
green strip all the way across, and this plan is submitted as a compromise.
Ha.s understanding was that the Council wanted a green strip across the
front, so he pulled the rock back about 25'. On the south side they have
agreed to maintain about 6' of their neighbor's property.
Councilman Harris said that he had looked at this at Mr. Schroer's
request. He felt that the Council granted the building permit predicated
on site development and landscaping plans being adhered to. He felt that
unless this was enforced, they would be in a poor position to enforce
with someone else. Someone could come in with a nice landscaping plan and ,
get it approved, then not adhere to it. This has been the situation in
this case. He said that he recognized the expense involved in removal
of the rock and replacing with sod. He said that what was submitted on
the plan this evening is somewhat of a compromise, however, he felt that
it should include more green area, He said that he has discussed this
with Jerry Schroer. He said that he recognized Brothen's intent was to
upgrade rather than downgrade, but this is not how it appears to the
Council. Mr. Schroer said that this was correct, Mr. Brothen felt that he
was upgrading the original plan, rather than downgrading it.
Councilman Harris asked what was the setback in this area. She City
Engineer said 60' from the property line. Councilman Harris said that he
would like to see some grass as an adequate green barrier put through the
center and have some of the rock removed. The property owners to the south
should not have to put up with his rock, and the Council cannot accept the
condita.on that Brothen will maintain someone else's yard.
Councilman Liebl asked how big the trees were. Mr. Schroer said 5 trees,
2" - 2;".
Councilman Liebl said that at the last Meeting this was discussed he was
one of the Councilmen who felt that they ColllC� compromise. He asked if
Mayor Kirkham and Councilman Harris were willing to accept this plan.
Councilman Harris said that the Council should not be put in this position.
It was not the Council's fault that he entered into this contract for his �
own landscaping plan. He pointed out that the Council has insisted on
other developers in Commerce Park following their plans. He said that he
would approve the compromise wrth the removal of the rock alonq the south
portion and a 20' green strip through the center. He added that he did not
feel that the Council should be put in the position of making deals with
other property owners as far as the maintenance goes for the property o*Jner
to the south.
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REGULAR COUNCIL MEETING OF JULY 20,1970 PAGE 3
� There followed a conference at the Council table while looking at the plans.
Councilman Liebl asked how the grass looks in other areas of Commerce
Park. Councilman Harris said that the grass in front of Minco and
Takkenin looks very nice.
MOTION by Councilman Breider to adopt the new landscaping plan as marked
"Exhibit Master Mark-up: 7-20-70", which shows a 25' strip along the
front with an additional 20' strip in the front yard and 5' along the
south side to be sodded. Seconded by Councilman Harris. Upon a voice
vote, all votinq aye, Mayor K�.rkham declared the motion carned.
Complaint of Water Standing on Osboxne Road at Arthur Street
A member of the audience said that he lives in the vicinity of Osborne
Road and Arthur Street and there has been water standing in Osborne Road
when rt xains for two yeaxs. He wondered if and when this could be taken
care of. He said also they have been told that there was going to be a
beach in this area and wondered when. Mayor Kirkham told him that the
City is still working on the beach and that it has been a slow process,
but it is still coming. The City Engineer said that the area by Arthur
Street will be taken over by the S�ri�g Lake Park School District for
an elementary school, so this will affect the area quite a bit. He said
that he had h�ped that when the County improved Osborne Road that they
would take care of the problem of the water standing. Councilman Breider
� asked that the Administration look into it and see if there is anything
that can be done.
Mr. Richard Harris - Sprinkling Ban
Mr. Richard Harris asked Lf there was a sprinkling ban on now. The City
Manager said no, only that the sprinkling should be done on odd days by
odd numUered houses and even days by even numbered houses. The City
Engineer added that the facilities are now good enough to take caxe of any
sprinkling. There are two more wells in operation so the residents can
sprinkle. It is very difficult to enforce the sprinkling ban anyhow. A
meml�er of the audience said that a Police O££icer told him to stop
spra.nkling, yet at Onans they sprinkle every day. The City Engineer said
that generally enforcement is only when the water shortage is critical.
Mayor Kirkham added that he thought that Onans had an independent
sprinkling system.
ORDINANCE NO. 460 - AN ORDINANCE TO AMEND THE CITY CODE OF THE CITY OF
FRIDLEY, MINNESOTA� BY MZ1I�.ING A CFIANGE IN ZONING DISTRICTS: (ZOA #70-04)
Rezoning area Generally Located at the Corner of 73rd Avenue & Central
Avenue N.E., by Cpl. James L. Robinson, by C-.D. Giancola, his attorney.
m
CONSIDERATION OF LOT SPLIT L.S. #70-05 AND SPECIAL USE PERMI'I' SP #70-OS
' AND APPROVAL OF PLANS FOR 5KELLY OIL 5ERVICL' STATION:
The City Engineer said that this is the area being proposed for develop-
ment by Ske11y �il Service Company. The lot split has been approved by
Planning Commission and the Council has taken care of the special use
permit and the first reading of the rezoning ordinance. On Pages 34 & 35
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REGULAR COUNCIL MEETING OF JULY 20� 1970
PAGE 4
of the Council Agenda are the Minutes of the Building Standards - Design '
Control pertaining to their plans. They have approved the plans as
submitted with some stipulations. His recommendation was if the Council
wished to concur, that they authorize the Administration to proceed with
issuing the building permrt and hold the publication of the ordinance
until the deeds for additional turning lanes are executed, A representa-
tive of Skelly Oil Company said �hat they now have the deeds available.
MOTION by Councilman Harris to approve the Lot Split L.S. #70-OS and the
plans as suY�mitted with the stipulations by the Building Standards -
Design Control Subcommittee. Seconded by Councilman Breider. Upon a
voice vote, all voting aye, Mayor Kirkham declared the motion carried.
MOTION by Councilman Harris to adopt Ordinance #460 on second reading,
waive the reading and order publication withheld until receipt of deeds.
Seconded by Councilman Liebl. Upon a roll ca11 vote, Kirkham, Liebl,
Harris, & Breider voting aye, Mayor Kirkham declared the motion carried.
The City Engineer said that they have gone before the Planning Commission
for the vacation of Brooks Street and he is working with them to get a
registered land survey or a plat of the property.
APPROVAL OF PLANS FOR MOVING AND CONSTRUCTION OF MICHAEL SERVETUS UNITARIAN
SOCIETY BUILDING FROM 6541 EAST RIVER ROAD TO 6601 OAKLEY DRIVE:
The City Engineer said that the City Manager has received a letter fxom �
Mr. Glenn Thompson, Board of Trustees, Michael Servetus Unitarian 5ociety
stating that they wi1Z have their landscaping completed by June 30, 1971.
He said that his department is in recexpt of all the necessary plans.
The building will be built by a contractor but the landscaping will be
done by the church.
MOTION by Councilman Liebl to receive the letter from the Board of
Trustees, Michael Servetus Unitarian Society, signed by Glenn W. Thompson,
dated July 20, 197D. The motion was seconded and upon a voice vote, all
voting aye, Mayor Kirkham declared the motion carra.ed.
MOTION by Councilman Liebl to approve the moving and construction plans and
grant the permits sub7ect to an agreement that the landscaping will be
completed by June 30, 1971. Seconded by Councilman Breider. Upon a voice
vote, all voting aye, Mayor Kirkham declared the motion carried.
APPd3NTMENT TO PLATS AND SUBDIVISTONS - STREETS AND UTILITSES SUBCOMMITTEE:
MOTION by Councilman Breider to taUle this item to the Meeting of August 3,
1970 Seconded by Councilman Liebl. Upon a voice vote, there being no nays,
Mayor xirkham declared the motion carried.
DISCUSSION REGARDING GARBAGE PICKUP (At the request of Carl Paulson)
Mr. Carl Paulson said that he felt that there were three areas of con- '
sideration. One was the cost factox. The second was the fact that since
burning has been eluninated, there would be more pickup. The third factor
is the noise pollution caused by mechanical equipment. They have to com-
press the loads into the trucks and this makes a great deal of noise. He
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REGULAR COUNCIL MEETING OF SULY 20, 1970 PAGE 5
� said that he would rather have an airplane going over. With the system
the City has now, it means that there can be several compaisies in the same
areas which results in garbage trucks every day of the week in the neigh-
borhood. Many companies drive right into the driveway. More trucks are
a greater hazard to the children. He suggested finding a way to get less
trucks into the neighborhood areas such as a franchise system. Then one
company would take care of a particular area and �the trucks would only be
in the area one day. One or two companies could be given smaller
territories. I-Ie felt that there was a need for upgrading of equipment
to elima.nate the noise. It seems that Blaine has gone into muricipal
garbage pickup. There is also this alternative. He felt that there should
be areas set up and one company serve a particular area. They spend a lot
of time driving from one axea to another.
Mayor Kirkham said that this has been studied for a number of years wrth
the alternates of municipal system, franchise system of letting bids, or
leaving as it is, discussed. It was felt that as long as this system is
working well, leave it alone, although no definite decision has been made.
Mr. Paulson asked if this was such a complex problem that it required a
consultant. Mayor Kirkham said no, they did not need a consultant, and
they are not conva.nced that there is a change needed. Mr. Paulson felt
that it could be improved. Councilman Harris said that the Council
believes in a free enterprise system, and they have been opposed to a
City operation. There are some merits in a franchise system in that in
� some areas there are three different companies with pickup which means
that for three different days there are grass clippings in bags and leaves
etc. srtting on the front curb awaiting pickup. This is a point in favor
of the franchise system.
Mr. Paulson said that the number of trucks and the amount of noise
should be considered. He said that the company he has does not allow
backLng into the driveways, the man walks to the back of his house_
Mayor Kirkham said that about two years ago there was some discussion on
making a change and the City called in the garbaqe collection companies
and at that time there seemed to be a reluctance to make a change.
Mr. Ben Shutrop, All State Disposal Service Inc. said that a franchise
system would be fine, except that the residents would never get as good
service. If a resident had a garbage collector t,hat he had complaints on,
he would 7ust be stuck with the company. With a iree enterprise system,
he would be free to change companies. Councilman Liebl said that All
State has been doing a fzne �ob and he has heard nothing but compliments.
He said that All State has said that they would be able to take the
additional garbage there would be as a result of no burriing, and they have
been doing it. He said that they picked up his burning barrel at no
extra charge. He quoted All State as saying - give them more time and
they will buy adda.tional equipment to become more effecient. Ae said that
he also was in favor of free enterprise. He did not feel that the City
� should go into municipal pickup as he did not want to put anyone out of
business, He felt that zt would be a big problem to the City. There is
a community in municipal operation, but they could not give us an in-
dication whether it is profitable or not as they have not been in operation
very long. He sa.�d that he would like to keep it on a competitive basis.
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REGULAR COUNCIL NIEETING OF JULY 20, 1970 PAGE 6
Mr. Shutrop said that the comment was made that there was a lot of noise �
from the equipment. He said that zt takes 9 seconds to compress the load,
and this is as modern equipment as he can get. He said that he just
re-routed aY�out a month aqo and in the change-over there was some con-
fusion and if anyone got missed, they went back when they received a call
and made the pickup.
Mr. Paulson sa.td that this is a case of big goverrunent taking over. The
State passed the regulation regarding no butning. This is just another
instance of the local governments losing control. He said that he would
like to see local government back. The Council refused to consider this,
so the State made the regulation. Mayor Kirkham said that the Council did
not refuse to cansider this. The Council has considered this for some
time. The fact that you do not agree does not mean that it has not been
considered.
DISCUSSION OF SPEED LIMIT ON OSBORNE ROAD BETWEEN CENTRAL AVENUE AND
UNIVERSITY AVENi]E AT THE REQUEST OF LEE VICK� SPRING LZ�KE Pb1RK COUNCILMAN:
Mr. Lee Vick, Spring Lake Park Councilman, said that on behalf of the
Spring Lake Park Council, he would like to enlist the aid of the Fridley
City Council in getting the speed reduced fxom 40 MPH to 30 MPH on
Osborne Road between Central Avenue and Unzversity Avenue, and to have
a stop sign put up at Able Street or Monroe, In September, 1969 the
speed limit was raised from 3D MPH to 40 MPH and on that day a boy was �
struck and in�uxed. Shortly thereafter another boy was killed. He then
read a resolution he had prepared aloufl. He said that they, in Spring Lake
Park, were not consulted on the speed change. He said that he lives on
Osborne Road and there are many children going to the school, and also
during the summer to the ss�all shopp.tng center located on Osborne Road.
He said that he understood that the school patrol has difficulty in getting
the traffic stopped for the children to cross.
A member of the audience said that he dxives on Osborne Road £requently
and is aware of the problem. He said that he could not see the reason
for a stop sign, why stop the traffic, as it is a thoroughfare. He
suggested a temporary stop siqn during sahool. Mayor Kirkham told him
that they were not legal any more.
Councilman Harris said that he has always contended that there were sidewalks
needed on Osborne Road. He said that he hoped that Spring Lake Park would
put them in on their side. During the school year there are a gxeat
number of children walking in the street. A sidewalk would contain the
pedestrian traffic. He said that he would agree with the 30 MPH speed
limit but not the stop sign. He felt that the emphasis should be on
pedestrian control.
Mr. Lee Vick said that he would agree. Spring Lake Park has been looking
into sidewalks on their side of the street There is a St. Paul Water-
works easement that would present some problems. Councilman Harris said '
that the City of Fridley has crossed the St. Paul Waterworks easement
successfully. He said that he would not want to tell Spring Lake Park
what to do, but he felt that this should be considered. Mayor Kirkham
said that he would like to see the resolution implemented, but he did not
agree with the clause about the stop sign. Councilman Breider said that he
lives in Melody Manor and he did not agree with the stop sign, but there
should be some type of crossing. He said that otherwise, he agreed with the
resolution. There should be included a clause stating Fradley's desire
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REGULAR COUNCIL MEETING OF JULY 20, 1970 PAGE 7
� to put zn a crossing. The City Enqineer suggested in the resolution making
a request to the County and the Minnesota Highway Depariment to take ade-
quate measures for cross traffic. Let them study the situation rather than
the City telling �hem what to do. Mr. Vick said that they have already sent
their resolution in to the 5tate and the County. Councilman Harris sug-
qested that this be back on the Agenda a£ter having the City Engineer and
the City Attorney look over the wording of the resolution. He said that
Mr. Vick could go back to Spring Lake Park and report that the Citp
Council of Fridley is unanimously in favor of a reduced speed limit on
Osborne Road.
MOTION by Councilman Harris to request the City Attorney to study the
resolution, re-write it, and have it brought back at the next Regular
Council Meeting. The motion was seconded and upon a voice vo�e, all
voting aye, Mayor Kirkham declared the motion carried.
RECEIVING THE MINUTES OF THE BUILDING STANDARDS - DESIGN CONTAOL
SUBCOMMSTTEE MEETING OF SULY 9, 1970:
fNOTE) This item discussed with the Ordinance #460.
MOTION by Councilman Liebl to receive the Minutes of the Bua.lding Standards
Design Control Subcommittee Meeting of July 9, 1970. Seconded by
Councilman Brea.der. Upon a voice vote, all voting aye, Mayor Kirkham
� declared the motion carried.
RECEIVING THE MINUTES OF THE PLANNING COMMISSSON' MEETING OF JULY 8, 1970:
1. REQUEST FOR SPECIAL T7SE PERMIT, SP #70-03, EDWARD CHIES: To con-
struct housing for the elderly and senior citizens on Lots 6 through
12, Lots 15 through 20, MeadoWmoor Terrace.
The City Engineer said that this request is for a special use permit to
allow housing for the elderly. The Planning Commission recommended
denial. He added that the applicants are present.
Mr. Art Winters, representing Mr. Edward Chies, said that this housing
request comes under 236 of the HOD program. The biggest concern by the
Planning Commission was the method of control. Ae said that they are
asking for ten four plexes for senior ciiizens of 62 years and older.
This would qualify under a certain type of mortgage. The Planning Com-
mission felt that there would not be sufficient control after erection.
If the terms of the mortgage are not lived up to it can be called back in.
This is a subsidy program and he then read a portion from the booklet on
what they were trying to accomplish. He said that the mortgage people
have advised them that this has become a popular program. It can be en-
forced through a special use permit on the terms on which the permit is
granted. There was a petition taken af the home owners and approximately
75o did not ob7ect. He said that there were two people that ob�ected, their
, main concern was that this would open the doors to 1et riff rafP in.
Thzs is not the intent o£ the petrtioner, the intent is to build one
bedroom units on a slab of concrete, nicely carpeted. If the Council would
not want the traffic coming out on Meadowmoor Terrace. it could be
possible to have it come out on Osborne Road. He pointed out that not
everyone would have a car in this price range. He asked that the position
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REGULAR COUNCIL MEETING OF JULY 20, 1970 PAGE 8
of the Planning Commission be reconsidered by the Council. There is no ,
senior citizen housing in Anoka County. He said that Mr. Chies is in the
nursing home business and he does have compassion for this type of people.
A member of the audience said that the statement was made that the rental
would be to persons 62 or older or those of low income. He wondered when
the first mortgage was paid off, then their obligation is done and then
what would happen to the control. Mr. Winters said that the mor'�gage is
written on a 40 year basis and a paid off mortgage is a very rare thing.
Councilman Breider asked if there were any plans. The City Engineer said
that the plans were very sketchy He adcied that it is true that this
type of development would put in a higher density. This is an R-3 type
of development in an R-1 zoning. Mayor Kirkham said that he was in
agreement with the Planning Commission. Councilman Liebl said that the
past four years with the help of the Planning Commission, the Council has
worked hard and dxligently to try to come up to the planning and zoning
code. He felt that the code should be stuck to in the interest of a
better corr¢nunity. This would be putting a density of R-3, with no base-
ments, into an R-1 zoning.
MOTION by Councilman Liebl to concur With the decision of the Planning
Commission and deny the request for a special use permit for housing of
elderly citizens. Seconded by Councilman Harris.
Mr. Edward Chies said that it is true that there are no basements, homes '
of a low income type do not have basements, however, they would be
carpeted. The rent would be subsidized. In talking about 40 units,
perhaps 20 of them would be widows paying $40 -$45 a month rent. These
would not be people that would need to be close to a hospital. He said
that they were willing to build these units and rent them and would follow
any terms the Council saw fit to lay out. Mr. Winters added that Anoka
County needs homes for their senior citizens. Whatever stipulations are
put upon them, they would follow.
Councilman Harris said that he had seconded the motion because he felt that
this type of program shouid be in a multiple zoned area. This density
would be larger than permitted under R-3 zoning. Mr. Winters saifl that two
more units could be added under R-3 zoning. They could then have 42
rather than 40 units.
THE VOTE UPON THE MOTION, being a voice vote, all voting aye, Mayo.r Kirkham
declared the motion carried.
2. PROPOSED PREZIMINARY PLAT� P.S. �i70-Ol�UNIVERSITY GOLF ESTATES, BY
ROGER M. JONES� Part of the SW� of the NW'� of Sectiion 2 for golf
driving range.
MOTION by Councilman Harris to set the Public E3earing for the final plat,
University Golf Estates requested by Roger M. Jones £or August 10, 1970. '
Seconded by Councilman Liebl. IIpon a voice vote, all voting aye, Mayor
Kirkham declared the motion carried.
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REGULAR COUNCIL MEETING OF JULY 20, 1970
PAGE 9
� 3. SPECIAL USE PERMIT� 5P #70-06, NAEGELE QUTDQOR A➢VERTISING CO_:
For billboard sign on Outlot 2, Block 2, Fridley Industrial Park Plat
#1 in M-2, heavy industrial area, as per Section 56.04, 2, Fridley
City Code.
The Crty Engineer said that this request for a special use pexmit is to
permit a billboard along the Pennsylvania Oi1 building north of the NSP
substation. The request was denied by the Planning Commission.
Councilman Harris said that he had talked to Mr. Harry Hokemeir about this
and it seems that what has happened is that the City requested them to
move their sign back of the City right of way after the City acquired the
land, then after asking them to move �heir siqn, denied their request.
Councilman Liebl said that as we had asked them to move the sign, the
City should keep their part of the bargain, and authorize the speca.al
use permrt to allow the sign. He added that the City has always had an
excellent relationship with Naegele Outdoor Advertising Co. and pointed
out that the Chaixman of the Planning Commission voted against the denial.
He said that at the municipal convention there were many comments by
other mayors and councilmen on the quality o£ the signs in the Ca.ty of
Fridley.
MOTION by Councilman Harris to grant the request for a special use perma.t
to Naegele Outdoor Advertising Company, with the understanding that when the
, area develops, the billboards must come down. Seconded by Councilman
Liebl.
Mr. Richard Harris said that he would like to speak as a private citizen,
rather than as a member of any board of commission. He asked if the City
had acquired this land for a frontage road. Councilman I-Iar'ris said that
it was dedicated, but construction was delayed. Mr. Ra.chard Harris said
that it was a long time before the City asked Naegele to move the sign off
City property. In 1969 they were asked to move it, but they had a con-
tract with Pennsylvania Oil for the rental of the land since 1963 and
have paid rent to them for the use of the land. Yet the City owned the
1and. He felt that this money, at least morally, belonged to the City of
Fridley. Counoilman Harris said that Mr. Hokemeir mentioned this to him.
He said that Naegele Outdoor Ac3vertising Co. should not be penalized,
they paid their money in goocl faith. He said that he was sure that 1and
transfers take place all the time and it is not their responsibility to
keep up to date on them. The responsibility for the correction of the
situation should have been with Pennsylvania Oil. He suggested that a
communicata.on to that effect be directed to Pennsylvania Oil Company by
the City Attorney.
THE VOTE UPON THE MOTION, being a voice vote, all voting aye, Mayor Kirkham
declared the motion carried.
4. SPECIAL USE PERMTT� SP #70-07� NAEGELE OUTDDOR.ADVERTiSING COMPANY:
� For a billboard sign on Parcel #4780, 5ection 12, in C-25, general
shopping areas, as per Section 56.04, 2, Fridley City Code_
MOTION by Councilman Liebl to grant the special use permit to Naegele
Outdoor Advertising Company for a billboard on Parcel #4780, Section 12,
with the understanding that when the area develops, the bxllboards must
come down. Seconded by Councilman Breider. Upon a voice vote, all
voting aye, Mayor Kirkham declared the motion carried.
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REGULAR COUNCIL MEETING OF JIILY 20, 1970
PAGE 10
5. LOT SPLIT REQUEST: L.S. #70-10, ROBERT T. JOHNSTON. �o sp11t off
10 feet from Lots 6 through 10, Block 9, Spring Brook Park and add
to Lot 5, for driveway to garage.
The City Engineer reported that the Planning Commission recommended
approval of this lot split. The 10 feet is used for access to the garage.
Mr. Johnston added that he has used this land, this lot split would just
make it legal, as he has a new neighbor, and he felt that the split should
be recorded.
MOTION by Councilman Breider to concur with the Planning Commission and
gxant the lot split requested by Mr. Robert T. Johnston. Seconded by
Councilman Liebl. Upon a voice vote, all voting aye, Mayor Kirkham de-
clared the motion carried.
6, LOT SPZIT REQUEST: L.S. #70-11, CHARLES E. FOSTER: Lot 1, Block 1,
Oak Creek Addition Plat #2, to split off 85 feet for a building site.
The City Engineer said that this request was to split a laxge lot into two
lots. It is located on Glen Creek Road and East River Roa$, Both lots
will meet the minimum requirements.
Mr. Foster then came forward to the Council table and showed the Council a
survey. Councilman Harris asked him if he would be willing to agree to
putting his driveway off Glen Creek Road, when East Rzver Road is improved
wrth a median. Mr. Foster said that this is where it should be anyway.
MOTION by Councilman Harris to appro�e the lot split requested by Charles
E. Foster with an agreement to be signed by Mr. Foster that upon develop-
ment of East River Road, upon request by the County, he wi11 put in the
driveway to enter on Glen Creek Road. Seconded by Councilman Liebl. Upon
a voice vote, all voting aye, Mayo� Kirkham declared the motion carried.
7. PROPOSED PRELIMINARY PLAT, P.S. #70-02, GEORGE N. NELSON: Lots
30 and 31, Auditor's Subdivisaon #129.
This ztem continued by the Planning Commission.
8. SPECIAL USE PERMIT: SP #70-08, GEORGE N. NELSON: For an automobile
parking lot to be located on the N� of Lots 30 and 31, exaept the north
125 feet, of Auditor's Subdivision #129.
This item continued by the Planning Commission.
Councilman Breider said that previously this same request was before the
Council under a request for a change in zoning to R-3. Now they are
requesting a special use permit for parking in R-1 in con�unctzon with R-3
usage, Councilman Aarris said that in certain cxrcumstances the Council
would permat a certain development, but they would not want any encroach-
ment. This would protect against R-3 moving up with the acquisition of more
land. Councilman Breider said that he thought that the purpose of R-3
zoning was to permit so many units on so much land. In this case the
developer is filling up all the R-3 land available with units, then using
R-1 land for the parking. He pointed out that to rezone xequ�res four votes
of the Council, but a special use permit only requires three. He felt that
the City owed it to the community to control the code more closely. He said
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REGULAR COUNCIL MEETING OF JULY 20, 1970
that the R-3 zoning should be investigated to hold
It seems that this area is not big enough for R-3,
the R-3 portion with apartments and using the R-1
PAGE 11
the R-3 �ust to R-3_
so they are filling
for the parking.
9. REZONING REQUEST. ZOA #70-05, BY VIEWCON, INC. For that portion o£
the E� of the SEa of Section 2�, to be rezoned from R-1 to R-3
(general multiple family dwellings) or R-3A (apartments only).
This item continued by the Planning Commission.
10. PRELIMINARY PLAT: P.S. #70-03, BLACK FOREST ADDITION BY
That porta.on of the Ez of the S'� of Section 24.
This item continued by the Planning Commission.
11. STREET SIGNS
INC.
The City Engineer said that there was a recommendation made in regard to
street signs, however, he would like to collect further data before going
to any changes. He said that Minneapolis and 5t. Paul are working on
color coding whereby the north and south streets would be one color and
the east and west streets would be another color. There should be some
standard throughout the entixe metropolitan area.
MOTION by Councilman Harris to receive the Minutes of the Planning Com-
mission Meeting o£ July B, 1970. Seconded by Councilman Liebl. Upon a
voice vote, all voting aye, Mayor Kirkham declared the motion carried.
THE MINUTES OF THE SOARD OF APPEALS MEETING OF JULY 14. 1970:
1. A REQUEST FOR VARIANCES OF SECTION 45.053, 4B, TO REDUCE THE SIDE YARD
REQUIREMENT FOR LIVING AREA FROM 10 FEET TO 3 FEET AND SECTION 45.053
4B� SUBPARAGRAPH 3, TO REDUCE THE SIDE YARD REQUIREMENT FOR AN
ATTACHED GARAGE FROM 5 FEET TO 3 FEET TO PERMIT THE CONSTRUCTION OF
AN ATTACHED TLTCK 17NDER GARAGE WITH LSVING 11REA ABOVE, ONTO AN
EXISTING DWELLING LOCATED ON LOT 10, BLOCK 2, TEMPLE TERRACE 2ND
ADDITION, THE SAME BEISSG 564 53'� AVENUE N.E., FRSDLEY, MINNESOTA.
(REQUEST BY JAMES G. BAKER, 564 53�s AVENUE N.E.� FRIDLEY, MINN.):
The Ca.ty Engineer reported that the Board of Appeals approved the variance
for the garage, but not for the living quarters over the garage, as the
living space would be too close to the adjacent property. Mayor Kirkham
asked what would be the space between and Mr. Baker said 6'. Mayor Kirkham
said that living space over the garage being that close is contrary to the
fire protection laws. Mr. Baker said that he has agreed to their recom-
mendations.
MOTZON by Councilman Harris to gxant the variance £or the garage to Mr.
James Baker, and deny the request for living space over the garage.
Seconded by Councilman Liebl. Upon a voice vote, all voting aye, Mayor
Kirkham declared the motion carried.
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REGULAR COUNCSL MEETING OF JIILY 20, 1970
PAGE 12
2. A REQIIEST FOR A VARIANCE OF SECTION 45.053� 4B, FRIDLEY CITY CODE, TO
REDUCE THE SIDE YARD SETBACK FOR A LIVING AREA FROM 10 FEET TO 5 FEET
TO PERMIT AN ADDITION ONTO THE TOP OE AN ATTACHED GARAGE LOCATED ON
LOT 26, BLOCK l, INNSBRUCK 5TH ADDITION. THE SAME BEING 1517
BERNE ROAD NE, FRIDLEY, MINNESOTA. (REQUEST BY RODN�Y BILLMAN INC.
151 SILVER LAKE ROAD� NEW BRIGHTON� MINNESOTA):
The City Engineer reported that the Board of Appeals approved the request,
one of the reasons being, it is an odd shaped lot.
MOTION by Councilman Liebl to grant the variance to Rodney Billman Inc, as
requested. Seconded by Councilman Aarris for discussion.
Councilman Harris asked what was the separation between the homes. A
representative of Rodney Billman Inc. said about 75' to 80' between the
two buildings.
THE VOTE UPON THE MOTION, being a voice vote, all voting aye, Mayor
Kirkham declared the motion carried.
3. A REQUEST FOR VARZANCES OF SECTION 45.053, 4A� FRIDLEY CITY CODE, TO
REDUC� THE FRONT YARD SETBACK REQUIREMENT FROM 35 FEET TO 30 FEET
AND SECTION �5 053, 4B, SUSPARAGRAPA 4A, TO REDUCE THE SIDEYARD
REQUIREMENT ON A CORNER LOT FROM 17.5 FEET TO 13.5 FEET TO PERMIT
THE CONSTRUCTION OF AN ADDITION ONTO EXISTING HOUSE LOCATED ON LOT
11, BLOCK I, CHRISTIE ADDITION� THE SAME BEING 785 BEIQNETT DRIVE N.E
FRIDLEY, MINNESOTA (REQUEST BY MR, CLEM Z. COVERSTON, 785 BENNETT
DRIVE N,E., FRIDLEY, MINNESOTA):
MOTION by Councilman Liebl to concur with the variances as requested by
Mr. Clem Z. Coverston. Seconded by Councilman Breider. Upon a voice vote,
all voting aye, Mayor Kirkham declared the motion carried.
MOTION by Councilman Breider to receive the Minutes of the Board of Appeals
Meeting of Suly 14, 1970. Seconded by Councilman Liebl. Upon a voice
vote, all voting aye, Mayor Kirkham declared the motion carried.
RECESS:
Mayor Kirkham declared a recess from 10:04 P.M. and convened at 10:20 P.M,
RECCIVING BIDS AND AWARDING CONTRACT FOR STREET IMPROVEMENT PROJECT
ST. 1970-4: (Bids Opened July 20, 1970, 11cOD A.M.)
Bidder
Black Top Service Co.
Box 2654
New Brighton
Dunkley Surfacing Co
3756 Grand St. N.E.
Minneapolis, Minn.
Bid Deposit
Maryland Cas
Co.
5% B.B.
Capitol Ind
Corp.
So B.B.
Base Bid
$112,661.49
$ 98,722.00
Completion Date
As speci£ied
November 15, 197D
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REGULAR COUNCIL MEETING OF JULY 20� 1970
Bidder
Hardrives, Inc.
10135 Central Ave. NE
Minneapolis, Minn. 55435
C.S. McCrossan, Inc.
Box 322, Raute #2
Osseo, Minn.
Sid Deposit
St. Paul Fixe
& Marine
5% B.B.
U.S. Eidelity
& Guaranty Co.
5� B B.
Minn-Kota Excavating, Inc.United Pacific
34D1 85th Avenue No. Ins. Co.
Minneapolis, Minn. 5� B.B.
Base Bid
$108,100.14
$109,977.93
$100,944.86
PAGL 13
Completion Date
As specified
As specified
As specified
The City Engineer reported that the apparent low bidder is Dunkley
Surfacing Co. the next is Minn-KOta Excavating Inc. He said that he had
talked to Jim London of Dunkley Surfacing and he has assured him that there
will be improved supervision. Thls seemed to be the maa.n problem on their
other woxk. These bids are within the preliminary estimates given. He
said that he used the 1970 figures and raised them by 10%. The bids
received are within a tight range. He said that if the Council chooses
to award to Dunkleys, he would recommend a completion date of October 15,
1970.
Mayor Kirkham asked when the specifications are wrrtten, is there any con-
trol over the aggregate. There seems to be a lot of limestone in some
portions of their work. The City Engineer said that they use the State
specifications. Thexe are certain minimum and maximum stasidards set. He
said that on occasion there is a bad section. Mayor Kirkham asked what
a.s the City's recourse. The City Engineer said that tha.s is a discretion
question, and if it need not be replaced it can be accepted at a reduced
price. Mayor Kirkham asked if it was too late to do anything about 67th
Avenue. The City Engineer said that he would check rt out.
MOTION by Councilman Harris to award the contract for Street Improvement
Project St. 1970-4 to Dunkley Sur£acing Company in the amount of $98,722
with the completion date October 15, 1970. Seconded by Councilman Bxeider.
IIpon a voice vote, all votinq aye, Mayor Kirkha[n declared the motion
carried.
REPORT BY CITY ATTORNEY ON LAND IN CENTRAL AVENUE ADDITION THAT NEEDS
CLEANING UP:
The City Attorney said that he has met with Mr A1 Newquist, City
Prosecutor, and a complaint has been issued. He said that there could be
legal problems as it has been 7 years with no enforcement of the stipu-
lations placed on bu.�lding pesmits, such as fencing, plantings, etc.
He said that he could report further in 2 or 3 weeks after the court
appearance.
DISCUS5ION OF NEED OF SIDEWALKS ON OSBORNE ROAD BETWEEN UNIVERSITY AVENUE
AND WOODCREST SCAOOL:
Councilman Breider said that as was mentioned, �.here was a boy killed on
Osborne Road. He said that he has been getting calls from mothers of
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REGULAR COUNCIL MEETING OF JULY' 20, 1970
PAGE 14
children going to Woodcxest School concerned over the safety of their ,
children. There is considerable pedestrian traffic to the school and the
small shopping center. He said that he had talked to some of the people
on Jackson and they think that sidewalks would be fine, if they do not
cost them anything. He added that there is one property owner on Van
Buren Street that would probably lose a large tree.
The City Engineer said that this is a County road, and under the sidewalk
proyram, they are scheduled for 1974. When Osborne Road was improved, it
was not completed, but was done in a stage type of construction. Eventu-
ally, there will be curbing, and improved to full standards. It was hoped
that when this is done, the sidewalks could then go in also and get all the
construction done at once. Between University and 5th 5treet there are a
great number oE trees that would be affectecl, but from there on east, it
is clear. There may be some problems with easements east of the apart-
ments by the clinic. He said that he felt strongly that there would be
easements needed as Osborne Road will eventually be widened to four lanes.
If the Council feels that the sidewalks should }ae accelerated the City does
have a contract with Minn-Kota for the sidewalks on West Moore Lake Drive
that the Council deleted, and it could perhaps be added to that contract.
The section from the west side of the hospital to the school could be
improved right away. The pro�ect from T.H. #47 to T.H. #65 could be broken
up into a couple of stages.
Councilman Harris said that he would like to get it all done, but the ,
section from the hospital east, would at least be a start and would take
care of a share of the complaints. The hospital, clinic, and the apart-
ment house would then be assessed. The City Engineer pointed out that on
state aid roads, the sidewalks are not assessed because state aid funds can
be used. On County roads they are assessed as they do not have an assess-
ment for a street, except for concrete curbing. They would still get
assessed less than i of the cost to a normal interior street. He said that
they would need to take 5' for a sidewalk easement for adequate snow
storage between the sidewalk and the street. There are some trees that
would have to be relocated and replaced. Council�nan Harris felt that the
same assessment policy as for Mississippi Street should be followed.
MOTION bp Councilman Harris to instruct the Admzna.stration to set up the
mechanism for implementation o£ a siciewalk program to start from the west
property line of the Unity Hospa.tal east to Woodcrest School, with a normal
assessment basis. Seconded by Councilman Breider. Upon a voice vote, all
voting aye, Mayor Kirkham declared the motion carried.
The City Engineer suggested that the Council pass two resolutions to start
the process for the sidewalks, but leave the date for the Public Hearing
open. If the sidewalks are added to a present contract, then the bidding
process will not have to be gone through.
RESOLUTZON #136-1970 - RE56LUTION ORDERING PRELIMiNAAY PLFSNS�
SPECIFICATIONS AND ESTIMAT$S OF THE COSTS THEREOF• STREET IMPROVE- ,
N1ENT PROSECT ST. 1970-1 ALIDENDUM #3:
MOTION by Councilman Harris to adopt Resolution #136-1970. Seconded by
Councilman Breider. Upon a voice vote, all voting aye, Mayor Kirkham
declared the motion carned.
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REGULAR COUNCIL MEETING OF JULY 20� 1970
PAGE 15
� RESOLUTION #137-1970 - RESOLUTION RECEIVING THE PRELIMINARY REPORT
AND CALLING A PUBLIC HEARING ON THE MATTER OF THE CONSTRUCTION OF
CERTAIN IMYROVEMENTS: 5TREET IMPROVEMENT PROSECS ST. 1970-1,
ADDENDUM #3
MOTIOI� by Councilman Rarris to adopt Resolution #137-1970. Seconded by
Councilman Breider. Upon a voice vote, a11 votinq aye, Mayc�r Kirkham
declared the motion carried.
RECEIVING CITY MEMORIaIQDUM FROM CITY D7ANAGER ON PARK LAND AND GRA.NTS:
The Ci�.y Manager said that he and the Director of Parks and Recreation
visited the Depaxtment of Conservation, and they indicated to them that
the application should be in by September. They also wanted to know what
the City intended to do about the payment in the interim before the Federal
Grant is made, after it is approved. He suggested switcbing the grant on
the smaller parcels to the large paxcel to cover this deficit. He said
that he did not know if the condemnation would be appealed and before this
can be considered firm, the time for appeal will have to lapse. He felt
that the City should get a letter of intent in to the Federal govenrment
to keep them up to date. He suggested a short term loan to run three years
to cover the deficit caused by the underestimation of the cost of the land.
He added that this memorandum also went to the Parks and Recreation
Commission. He said that many many communi'ties are having this same
� difficulty in �udqing their costs too low and underestunating the rising
cost of the land. He said that he has received compliments on this site.
He suggested that the Council could meet with the Parks and Recreation
Commission. The Federal funds are only available after execution of the
deed. They have said that they would do their best to expedrte our
request He asked how long the City has to pay of this $275,000 and
commented that if rt oould wait until after the first of the year, the
City would be in a better position. The City Attorney said that he did
not think that there would be any problem in delay of payment until the
first of the year.
Councilman Harris said that the City should go on record as willing to
proceed, as he felt that the price of the land was not too excessive. The
City Manager said that he had a draft letter fairly complete and he had
yet to see if the Parks and Recreation Commission were in agreement with
the letter. He said that the State grant is availaY�le right away. The
City Attorney commented that this will only leave the Federal portion and
the City's share to borrow. Councilman Harris felt that the Crty should make
their intentions known right away. If it were to have to wait another year,
the cost of the land would be even higher.
MOTION by Councilman Harris to direct the Admina.stration to communicate
with the State and Federal government as necessary, our intentions to
proceed with the pro7ect as originally planned.
� Mayor Kirkham felt that the Parks and Recreation Commission should have a
voice in this. He thought that perhaps they should also sign this letter.
The City Attorney said that an appeal would have to be filed before the
end of July, Mayor Kirkham suggested asking the City Manager to carite the
letter also for the signatures of the Parks and Recreation Commission and
before the next meeting it could be sent out. The City Manager said that
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REGULAR COUNCIL MEETING OF JULY 20, 1970
PAGE 16
he will have to indicate that the smaller parcels will be funded out of �
City funds and the grant placed on the large North Park parcel. The
City Attorney commented that because the original estimate was so low,
the land owners seem to be satisfied with the award.
Councilman Breider said that he would lxke to meet with the Parks and
Recreation Commission. He wondered what they plan to do with this land,
after the acquisition. He said that every time he has talked to the Park
Director, he seems to have barely enough money for maintenance, not to
mention new development. The developmental costs must be phenomenal on
this large piece of land. Mayor Kirkham said that it was felt that if the
Council waited another four or five years, thexe may be more sewer and
water in the area and this would push the cost up. Now is the chance to
get open space before there is any development. In other areas of the
City this was not done and after development, it is virtually impossible
to get park land. It is now or never at the raw land value. Councilman
Breider asked what would happen when the impravements go in. The City
will still have to pay for them. Councilman Harris said that it would not
mean the normal sewer and water zn the grid pattern as with streets.
Mayor Kirkham added that the current trend as to leave in the natural
state. Councilman Breider pointed out that the Third Ward has nothing in
the way of big parks. Councilman Harns said that this is the mistake they
are trying not to duplicate for the northern section of the City.
Councilman Breider said that he would like to discuss this with the Parks
and Recreation Commission to get their feelings. Councilman Liebl agreed �
that it was necessary to have the Parks and Recreation Commission working
with the Council on this pro�ect.
MOTION by Councilman Harris tc withdraw his psevious motion and MOVE
to authorize the City Manager to draw up the letter and contact the
Parks and Recreation Commission Por their comments on the letter.
Seconded by Councilman Liebl. Upon a voice vote, all voting aye, Mayor
Kirkham declared the motion carried.
CONSIDERATION OF "NO PARKING - 6:00 P.M. TO 8;00 P.M." AREA OF COMMONS
PARK:
MOTION by Councilman Liebl to concur with the recommendation of the City
Administration and authorzze "NO Parking - 6:00 P.M. to 8:00 P.M." signs
on the west side of 7th Street from 61st Avenue to 63rd Avenue.
Mayor Kirkham asked if there was more parking space needed. The City
Manager said that most of the cars are �ammed in at the south end of the
park. He said that moving some apparatus to the rear to make more parkang
space has been considered. Councilman Liebl said that a man coming home
at 5.00 P.M. should be able to use his driveway. He suggested that the
people going to the park use the school parking lot,
THE MOTION was seconded by Councilman Harris and upon a voice vote, all
votinq aye, Mayor Kirkham declared the motion carried. ,
DISCUSSION REGARDING TRAFFIC SIGNAL AT 37TH AVENUE A.ND EAST RIVER ROAD:
The City Engineer said that he has been working with Minneapolis for a
signal at 37th Avenue and East River Road. FMC contributes to the traffic
con�estion consicierably. The signal would provide an additional bxeak in
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REGULAR COUNCIL MEETING OF JULY 20, 1970 PAGE 17
� the traffic to allow cross traffic to get onto East River Road. This
information has been given to the County, who would pay -, of the cost.
Mayor Kirkham asked how much of the intersection was in Fridley. The
City Engineer sald that it was in Minneapolis. Councilman Harris said that
he thought it would be illegal for the City of Fridley to particlpate in
the cost if none of the a.ntersection was in Fridley. The City Engineer said
that Fridley has a leg coming into the intersection. The County is going
to enter into an agreement with Minneapolis and the City of Fridley would
enter into an agreement with the County. Councilman Harris said that FMC
contributes to the problem. He asked i£ there was any possibility of
using a patrolman at this intersection. The City EngineUr said that
there would be some additional turning lanes provided. The signal would
provide a bxeak in the traffic to allow the FMC people to get into the
stream of traffic. A signal cannot be provided for FMC for only one hour
of traffic. Councilman Harris said that FMC should take care of their
own problem.
Mr. Richard Harris said that some sort of control is vitally needed at
this intersection, and some signalization should be worked out. He said
that he thought that Minneapolis is going to be doing something with 42nd
Avenue which would affect this intersection. He asked if the patr�lman
used by FMC are on duty or off duty. Councilman Liebl said that he
believed that they were off duty hired by FMC.
� MOTION by Councilman Harra.s to receive the communication from the City of
Minneapolis dated June 16, 1970, and instruct the City Engineer to continue
working toward a solution. Secondecl by Councilman Liebl. Upon a voice
vote, all voting aye, Mayor Kirkham declared the motion carried.
DISCUSSION REGARDING SPRING LAKE PARK SCHOOL DISTRICT PLANS FOR BUILDING
ELEMENTARY SCHOOL SOUTH OF OSBORNE ROAD AND EAST OF ARTHUR STREET:
The City Engineer said that he had talked to the Spring Lake Park
Superintendent of Schools and advised them to work with the City before
they get too far in their plans. They will require some sidewalks from
T.H. #65 to Stinson Boulevard especially with the beach to go in north
o£ Osborne Road. There will be some difficulty as there is a St. Paul
Waterworks easement running on the north side of Osborne Road where the
school is proposed. He said that he had advised them that when their
acquisition is completed, there are some public streets that should be
vacated. He said that they would be cutting off access to the back ', o£
some lots and this will have to be worked out. He advised the Council to
start thinking in terms of pedestrian control for this section of the City.
Councilman Harris asked if they would be coming before the Council for a
building permit. The City Sngineer said no, they are an independent body.
They have saa.d that they would work with the City to solve our mutual
problems.
� MOTION by Councilman Harris to receive the information supplied by the
� City Engineer. Seconded by Councilman Lieb1. Upon a voice vote, all
voting aye, Mayor Kirkham declared the motion carried.
CONSIDERATION OF REQUEST FOR DELETION OF STREET PROJECT ON 7TH STREET
(ST. 1969-1)
The City Engineer reported that in the 1969 program, 68th Avenue and 7th St.
were proposed to be improved. They were not put in because the Counca.l
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REGULAR COUNCIL MEETING OF JULY 20, 1970
PAGE 18
chose not to order in Storm Sewer Project #80 so the drainage would not be
taken care of. 6Sth Avenue and 7th Street axe still on the books as
being ordered in. Mr. Lilygren, property owner for 512 66th Avenue paid
the pending assessments of $1,591.71 plus $212.34 for the storm sewer and
now would like this amount refunded if the pro�ect is not going to be �ut
in.
MOTION by Councilman Harris to deny the request and keep 68th Avenue and
7th Street on the books. Seconded by Councilman Liebl. Upon a voice vote,
all voting aye, Mayor Kirkham declared the motion carried.
OF DELIVERY POINTS CONTRACT WITH NSP:
The City Engineer said that this contract �s to covex electrical service to
the well houses.
MOTION by Councilman Harris to authorize the City Manager and Mayor
Kirkham to execute the document. Sewnded by Councilman Breider. Upon
a voice vote, all voting aye, Mayor Kirkham declared the motion car n.ed.
RESOLUTION #138-1970 - RESOLUTION ORDERING IMPROVEMENT AND FINAL PI,ANS
AND SPECIFICATIONS AND ESTIMATES OF COSTS THEREOF: STREET IMPROVEMENT
PROJ�CT ST. 1971-1 ADDENDUM #1� ANb ST. 1971-2 (MSAS):
PETITION NO. 11-1970 - NOT IN FAVOR OF SMPROVED ALLEY BETWEEN STH
SSREET AND 6TH STREET FROM 532D AVENUE TO 54TH AVENUE:
MOTION by Councilman Liebl to receive Patition No. 11-1970. Seconded by
Councilman Harris. Upon a voice vote, all voting aye, Mayor Kirkham
declared the motion carried.
Councilman Liebl suggested that the alley between 5th Street & 6th Street
from 53rd Avenue to 54th Avenue and 6th Street from 53rd Avenue to 54th
Avenue be deleted from the 1971 pro7ect. He said that he had talked to
these people and the assessments would place a financial hardship on them
at this time. There are about 6 people that have �ust bouqht homes and
the apartment houses have just been bought ancl the man is trying to £ix
them up. He said that he would agree with the rest of the improvements.
Councilman Harris said that he felt that they should not just be deleted,
but postponed until a later year. Especially 6th Street, as he felt that
this street was in bad condition. I3e suggested putting 6th Street back in
the IO year street improvement program for 1973. Councilman Liebl agreed,
and felt that this would give these people some tune to get on their feet.
Councilman Liebl said that he was worried that the sand would wash in the
va.cinity of 54th Avenue. The City Engineer said that this was the ob-
�ective, to get the whole area cleaned up. He pointed out that it will not
be any cheaper to do 6th Street in the next few years. Councilman Harzis
said that a notation should be made that 6th Street is to go in in 1973.
MOTION by Councilman Liebl to delete the alley between 5th Street and 6th
Street from 53rd Avenue to 54th Avenue and 6th Street from 53rd Avenue to
54th Avenue from the 1971 program and 6th Street is to be put back in the
10 year street unprovement program for 1973. Seconded by Councilman Harris.
Ilpon a voice vote, all voting aye� Mayor Kirkham declared the mo'tion
carried.
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REGOLAR COUNCIL MEETING OF JULY 20, 1970 PAG� 19
, Councilman Harris said that he felt some concern over the sidewalks for
Gardena and West Moore Lake Drive, There were good reasons presented why
the people should not have them Mayor Kirkham said that he thought that
the sidewalks should go in on Gardena on the north side. The people would
then have to cross the street. They would have to cross the street anyhow
to get to the school. All the children are bused to the parochial
school Councilman Harris said that the same thing could be done with West
Moore Lake Drive, the sidewalks could go in on the north side and the street
could be off centered as much as possible. The cha.ldren would still have to
cross the street.
MOTION by Councilman Harris to include sidewalks on Gardena Avenue on the
north side and on West Moore Lake Drive on the north side in Street
Improvement Pro7ect St. 1971-2.
Councilman Liebl questioned if there was enough right oE way on Gardena
and how is the snow plowa.ng going to be done. He said that he was in
favor of the stxeet improvement, and the storm sewer, but he was not i:oo
sure about the sidewalks. He said that he had no ob7ection to the side-
walks on West Moore Lake Drive. The City Engineer said that the terrain
on Gardena is very bad, and there would have to be more right of way
acquired. There would have to be some retaining walls and steps. He
felt that it would be virtually impossible.
� MOTTON by Councilman Harris to withdraw his previous motion, and MOVE
that there be no sidewalks on Gardena Avenue and that sidewalks be placed
on the north side of West Moore Lake Drive under Street Improvement
Pro7ect St. .1971-2, and adopt Resolution #138-1970 with the noted deletions.
Mayor Kirkham said that the school board was going to be very unhappy.
Councilman Harris asked that the City Manager communicate to them the
sidewalks were not put in on Gardena, because of the unanimous opposition
and the very rough terrain.
THE MOTION was seconded and upon a Voice vote, all voting aye, Mayor
Kirkham declared the motion carried.
MOTION by Councilman Liebl to instruct the Administration to study the
feasibili�y of a stop sign at Able Street on West Moore Lake Drive.
Seconded by Councilman Harris. Upon a voice vote, all votzng aye, Mayor
Kirkham declared the motion carried.
MOTION by Councilman Liebl to instruct the City Manager to write to the
School Board telling them the Council's ,reasons for not putting in the
sidewalks on Gardena Avenue. The motion was seconded and upon a voice
vote, all voting aye, Mayor Kirkham declared the motion carried.
RESOZUTION �139-1970 - A RESOZUTION AUTHORIZING AND DIRECTING THE SPLITTING
OF 5PECIAL ASSESSMENTS ON PARCEL 7950, SECTION 11, AND REPLATTING INTO
� REGISTERED LAND SURVEY #6:
MOTION by Councilman Harris to adopt Resolution ,�139-197D. Seconded by
Counca.lman Liebl. Upon a voice vote, there being no nays, Mayor Ka.rkham
declared the motion carried.
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REGULAR COUNCIL M�ETING OF JULY 20, 1970 PAGE 2D
R�SOLUTION #140-1970 - A RESOLUTION AOTHORIZING AND DIRECTING THE COMBINING
OF SPECIAL ASSESSMENTS ON LOT 13� AN➢ LOTS 14 AND 15, BLOCR 16� HP.MILTON'S
ADDITION TO MECHANICSVILLE:
MOTION by Councilman Harris to adopt Resolutioh #140-1970. 5econded by
Councilman Liebl. Upon a voice vote, all voting aye, Mayor Kirkham
declared the motion carried.
RESOLUTION #141-1970 - A RESOLUTION AUTHORIZSNG AND DTRECTING THE WMBINING
OF SPECIAL ASSESSNIENTS ON LOTS 16, 17 AND 18, BLOCK 24, HYDE PA1?K ADDITION:
MOTION by Councilman Harris to adopt Resolution #141-1970. Seconded by
Councilman Liebl. Upon a voice vote, all voting aye, Mayor Kirkham
declared the mota.on carried.
R.�SOLUTSON #142-1970 - A RESOLUTION AUTHORIZING AND DIRECTING THE COMBINING
OF SPECIAL ASSESSMENTS ON LOT 13, BLOCK 2, AND PART OF LOT 14, BLOCK 2�
PARCEL 2810, INNSBRUCK 5TH ADDITION�
MOTION by Councilman Harris to adopt Resolution #142-1970. Seconded by
Councilman Liebl, Upon a voice vote, all voting aye, Mayor Kirkham
declared the motion carried.
RESOLUTION #143-1970 - A RESOLUTION AUTHORIZING AND DIRECTING THE COMBINING
OF SPECIAL ASSESSMENTS ON LOTS 11 AND 12, AND LOT 13� BLOCK G� AIVERVSEW
HEIGHTS ADDITION:
MOTION by Councilman Harris to adopt Resolution �143-1970. Seconded by
Councilman Liebl, Opon a voice vote, all voting aye, Mayor Rirkham
declared the motion carxied.
RESOLUTION #144-1970 - A RESOLUTIDN REVISING DEPARTMENS APPROPRIATIONS
WITHIN THE GENERAL FUND:
MOTION by Councilman Liebl to adopt Resolution #144-1970. Seconded by
Councilman Harris. Upon a voice vote, all voting aye, Mayor Kirkham
declared the motion carried.
CLAIMS-
MOTION by Councilman La.ebl to approve payment of General Claims #22223
through #22362 and Liquor Claims #4624 through #4675. Seconded by Council-
man Harris. Upon a voice vote, a11 voting aye, Mayoz Kirkham decZared the
motion carried.
LICENSES•
Gas Service
Approved By
Blue Flame Contractors, Inc.
5309 Edina Industrial Boulevard
�dina, Minnesota By: Grant E. Johnson Plumbing Insp.
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RE6ULAR COUNCIL MEETING OF JULY 20, 1970
LICENSES CONTINUED.
General Contractor
Solmica Midwest, Inc.
244 South Faa.rview
St, Paul, Minnesota By: K.R. Harter
PAGE 21
Approved By
Building Insp.
Heating
Blue Flame Contractors, Inc.
5309 Edina Industrial Blvd.
Edina, Minnesota By; Grant E. .7ohnson Plambing Insp
Masonry
Carl R. Hanson
3809 Buchanan N.E.
Minneapolis, Minnesota
Reynolds & Gagnon
3118 Boone North
New Hope, Minnesota
General Contractor
Rockford Construction Company
5505 56th Avenue North
Minneapolis, Minn. 55429
By: Carl R. Hanson
Pat Gagnon
By: Vern Reynolds
By: Robert Potter
Building Insp.
Building Insp.
Building Insp.
MOTION by Councilman Harris to approve the foregoing licenses. Seconded
by Councilman Breider, Upon a voice vote, all voting aye, Mayor Kirkham
declared the motion carried.
ESTIMATES:
Hall, Smith, Juster, Feikema & Haskvitz
Attorneys at Law
1050 Builders Exchange Building
Minneapolis, Minnesota 55402
For Legal Services from 5-1-70 to 6-17-70
not Covered by Retainer
Weaver, Talle & Herrick
316 East Main Street
Anoka, Minnesota 55303
For Legal Services Rendered
Associated Contracting Company
2745 Sunset Lane
Burnsville, Minnesota 55378
FINAL Estimate #1 for work completed this date on
Water Improvement Pro�ect #98 according to contract
$ 1,162.96
$ 450.00
$12,752.80
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R�GULAR COUNCIL MEETING OF JULY 20� 1970
ESTIMATES CONTINUED.
Comstock & Davis, Inc.
Consulting Engineers
1446 County Road "J"
Minneapolis, Minnesota 55432
For the furnishing of resident inspection and resident
supervision for the staking out of the following pro�acts:
Estimate #l, Street Improvement Pxo7ect No. 70-4 from
June 1, 1970 through Sune 26, 1970.
Estimate #8, Sanitary Sewer & Water Improvement Project #93
from June l, 1970 through June 26, 1970
Estimate #8, Water Improvement Pro7ect #94 from June l, 1970
through June 26, 1970
Estimate #2, Water Improvement Pro�ect #95, Schedule B
from Sune l, 1970 through June 26, 1970
Estimate #l, Water Improvement Pro�ect #98 from June l,
1970 through June 26, 1970
PAGE 22
$ 583.62
$ 1,716.79
$ 140.71
$ 800.82
$ 453.60
MOTION by Couniclman Liebl to approve payment of the foregoing estimates
Seconded by Councilman Harris. Upon a voice vote, all voting aye, Mayor
Kirkham declared the motion carried.
COMM[JNICATIONS
A. NSP: TRANSMISSION LINE REPORT DATED JULY 13, 1970
MOTION by Councilman Breider to receive the N5P transmission line report
dated July 13, 1970. Seconded by Councilman Liebl. ilpon a voice vote,
all voting aye, Mayor Kirkham declared the motion carried.
MOTION by Councilman Harris to communicate to NSP the Council's dis-
pleasure, and that they should continue to meet their scheduled date for
completion according to the agreement reached.
Councilman Breider asked what was the scheduled date £or completion.
Councilman Harris answered August 15th.
THE MOTION was seconded by Councilman Breider. Upon a voice Vote, all
voting aye, Mayor Kirkham declared the motion carried.
S. G�ORGE ELLIOTT. REQUEST FOR TRAFFIC CONTROL UN RIVERVIEW TERRACE
Mayor Kirkham asked what could be done, and commented that he felt that
the City had a right to be proud of the work completed in this area, con-
sidering what we had to do with. Councilman Liebl asked if it was posted.
Mayor Kirkham said that it is not now, but it could be when the work is
done.
MOTION by Councilman Liebl to receive the communication from Mr. George
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REGULAR COUNCIL MEETING OF JULY 20� 1970
PAGE 23
� Elliott, dated June 25, 1970, and instruct the City Manager to communicate
to Mr. Elliott tella.ng him that Riverview Terrace will be posted with
speed limit signs when the work is completed. Seconded by Councilman
Breider. Upon a voice vote, all voting aye, Mayor Kirkham declared the
motion carried.
C. MIKE O'BANNON REQUEST FOR ACCEPTING DEPOSIT IN LI�U OF PERFORMANCE
BOND
The City Manager said that Mr. O'Bannon now has $16,D00 deposited with the
City of Fridley. The City Attorney said that accepting the deposit in
la.eu of a performance bond could be done and would pose no problem.
MOTION by Councilman Harris to receive the communication from Mr. Mike
O'Bannon dated July 16, 1970 and concur with his request that $16,000 be
held by the City in lieu of a per£ormance bond £or the constsucta.on of
sewer mains, water mains and services in Heather Hills Adda.tion. Seconded
by Councilman Liebl. Upon a voice vote, all voting aye, Mayor Kirkham
declared the motion carried.
D. FRANK M. SHINIEK: REQi7EST FOR SETTLEMENT FOR DAMAGES
MOTION by Councilman Harxis to receive the communicata.oii fxom Ms. Fsank
M. Sha.mek, 7901 Riverview Terrace, dated ,7nly 15, 1970 and insiruct the
� City Manager to communicate to him that the award has been made and the
settlement should be coming shortly. The motion was seconded and upon a
voice vote, all voting aye, Mayor Kirkham declared the motion carried.
STATUS OF D.M. NOYES CONSTRUCTION COMPANY - PROJECT #93:
The City Attorney reported that the City of Fridley has now terminated the
contract with D.M. Noyes Construction Company. He advised that a letter
should be forwarded July 21, 1970 to Home Owners Insurance Company asking
them to complete Pro�ect #93 under the obligations of the bond furnished
the City, said bond being executed by Home Owners Insurance Comapny on
October 28, 1969. He said that the testing has been done and it has been
found that it will take about $15,000 for repairs and another $50,000 fox
the rest of the work_. He said that the rest of the work should be com-
pleted using the money that the City has retained.
ADJOURNMENT:
There being no further business, Mayor Kirkham declared the Regular Council
Meeting of July 20, 1970 ad�ourned at 11:55 P.Ni.
�Res ectfully submitted,
�c//,Y���'�'
uel Mercer
Secretary to the City Council
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�Jack O- Kirkham
Mayor
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