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11/16/1970 - 00018429% N Q� � THE MINUTES OF THE REGULI-1R COUNCIL M�ETING OF NOVEMBER 16, 1970 Mayor Kirkham called the Regular Council Meeting of November 16, 1970 to order at 7:40 P.M. PLEDGE OF ALLEGIANCE: The Council lead the audience a.n saying the Pledge of Allegiance to the Flag. INVOCATION: Reverend Richard Podvin o£Pexed �.he Invocation. ROLL CALL: MEMBERS PRESENT: Llebl� Harris, Sherxdan, Breider, Kirkham PIEMBERS ABSENT: None APPROVAL OF THE MINIITES OF THE SPECIAL COUNCIL MEETING OF OCTOBER 24, 1970 MOTION by Councilman 5heridan to adopt the A7inutes o£ the Speca.al Council � Meeting of October 24, 1970 as presented. Seconded by Councilman Ziebl Upon a voice vote, thexe being no nays, Mayor Kixkham declared the motion carra.ed unanimously. APPROVAL OF THE MINUTES QF THE REGULAR COSINCIL MEETING OF NOVEMBER 2. 1970: MOTION by Councilman Liebl to adopt the Minutes of the Regular Council Meeting o£ November 2, 1970 as presented. Seconded by Councilman Bxeider_ Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously. 11PPROVAL OF THE MINUTES OE THE CANVASS OF VOTES MEETING OF NOVEMBER 5, 1970. MOTION by Counca.lman Breider to adopt the Minutes of the Canvass of Votes Meeting of November 5, 1970 as presented. Seconded by Councilman Liebl. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously. ADOPTION OF AGENDA Mayor Kirkham said that there were several items to add as follows: 2A. Offer of donation of park land by N1r. Robert Jaeger. 2B: Garage Permit for NLr. Ben7amin 18: Licenses Add Family Pizza Kitchen � 21�1: Communication from Attorney General regardtng the Flag Ordinance. 23: Receiving quotations on two new waxming houses. 24: Petition requesting Durnam Island Attachment. MOTION by Councilznan Sheridan to adopt the Agenda as amended. Seconded by Councilman Harsis. Upon a voice vote, all ayes, Mayor Y.irkham declared the motion carried unanimously. r� ( "i � 5 REGULAR COUNCIL M�ETING OF NOVEMBER 16, 1970 PAGE 2 VISITORS: Mr. Henry Peterson American Leqion Mr. Peterson said that the American Legion will be moving into their new quarters soon and presented a letter to Councilman Sheridan, Councilman Sheridan said that as was indicated earlier when this came up, one of the requirements was that the American Legion try to acquire some addrtional parking around their new facility. He has reached an agreement with the commercial enterprise to the south of them (Texaco) for the use of their land for parking. With the parking that is avaa.lable at their site, this additional parking would be sufficient. I£ it is a requirement oF the Council, they would give the Council a letter indicating their facility will not be used for private use and will only be used for the American Legion meetings. He asked the City Enga.neer how much add,�tional parking space would be needed. , The City Engineer said that it is quite obvious that there is not sufficient parking on their land. The Ordinance provides that there be sufficient off street parking. Generally a rule of one parking space for four people is used. Assuming 130 members and only half of them active, they would need aUout 16 parkzng spaces. If there were any outsiders attending the meeting, they would need more. The facilrty rented does not have parking of its own. If allowed, this facility might have problems in the future with off street ' parking. He has worked with the IX., the land owner of the empty lot on the north, for additional parking but has not been successful. He said this would be a Council decision, but in his opinion there would not be adequate parking. Councilman Sheridan said that with the right to use the property to the south, there would be ample parking for 16 cars, The City Engineer said that Texaco is using this property now for trailer and truck rentals and there is no indication they are going to stop this use. Mr. Peterson said that they would be able to park on both sides and behind the building. They will not be rentinq out for any weddings, but they do have a citizen- ship class. He pointed out that they gave two resuscitators, and they work with the nursing homes. He felt they would have ample parking with the Texaco Station property to the south. Mayor Kirkham asked how many cars aze usually p�esent for meetings. Mr. Peterson said 15 to 20. They have 40 to 50 active members Councilman Sheridan said that if this did not work out the City would still have the right to go back to the American Legion and tell them they must get additional parking. Mr. Peterson said that they had a one year lease. Councilman Harris said that when their lease is up, the Council could then act accordingly as necessary. The City Engineer agreed this could be reviewed every year. He said that the property owners where they are leasing have agreed to blacktop a parking area. Mr. Peterson added that they would put up no parking signs where they are not allowed to park, He added that ' as of December lst, they will be at their new address. Councilman Harris said that prior to December 1, 1971, the Engineering Department could advise the Council on the parking situation. If it zs not adequate, steps would have to be taken by American Legion to get more parking. Mr. Peterson said that in the meantime they would try to work out a better arrangement. � r' � i;i REGOLAR COUNCIL MEETING OF NOVEMBER 16, 1970 PAGE 3 � Councilman Liebl said that their wark is commendable and he would like to help them. He said that he would favor waiving the paxking requirements. MOTSON by Councilman Liebl to waive the parking requirements set forth in the Ordinance for American Legion. Seconded by Councilman Sheridan. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously. Mr. Benjamin, 5708 Jefferson; Second Garage Councilman Sheridan told Mr. Ben�amin that he had been added to the Agenda, but as lonq as he was present now, they would take his problem up. He explained that Mr. Ben�amin was granted a permit for a second garage and when he went in for a buildinq permit the Suildinq Inspection Department told him he must have frost footings. He preferred a floating slab. He said that this would seem reasonable as the new structure would be the same distance from the road as the existing house. There is a 67' setback. If the structure was moved further back, it would be below street level. Mr. Ben�amin has stated that he will pxesent City Hall with a letter stating that at no future time will the new structure be connected to the house by any sort of a breezeway etc. Mr. Ben7amin said that he would present this letter to the Building Inspection Department to be kept on file that at no future time may the � garage be connected to the ma�n building. MOTION by Councilman Sheridan to authorize the Building Inspection Depart- ment to issue a permit for a second garage for Mr. Ben�amin on a floating slab with no frost footings, provided that he submit a letter stating that at no future time will the new structure be connected to the house. Seconded by Councilman Liebl. Upon a voice vote, all voting aye, Mayor Kirkham declared the motiom carried unanunously. DISCUSSION REGARDING LOCKE LAKE DAM� REQUESTED BY DR. AKBAR� 6745 EAST RIVER ROAD: The City Engineer said that he has indicated to the Council the severe situation of this dam. Since this first came up, he has been working with the Locke Lake Association to lower the elevation of the lake. The dam has been lowered by about 3 feet so far. The last few days there has been a considerable amount of rain. Even with lowering the dam crest by 3', it has lowered the lake water level by less than a foot. He said they are hoping i£ the weather holds, they can lower the level of the dam Eurther and drain the lake to physically examine the damage to the dam. They hope to take some pictures and come up wrth a recommendation. He said that he was afraid the bottom of the culvert will be gone and the side walls are in bad shape. If the dam is really bad they may have to drain the lake and eliminate the lake over the wintes. After the physical examination, he suggested that there be a public hearing to inform the 1 people. After the examination of the dam, he will come back for authori- zation to expend funds for the repair. He hoped to have the examination done this week, with a report for next meeting. He said that he appreciated the concern of Dr. Akbar as his property is being a£fected through the erosive action of the water. � s� �';� �"1 REGULAF COUNCIL MEETING OF NOVEMBER 16, 1970 PAGE 4 Councilman Liebl said that he and Councilman Breider took the liberty of � visiting Dr. Akbar and examining the dam. He said that he would like to give his opinion. He felt that the dam would probably not last throuqh the spring thaw. Two or three of the slabs are cracking and the water is undermining Dr. Akbar's property. He said it may be a$10,000 project to make this dam solid. Dr. Akbar is willing to pay his share. The City has a lot at stake, and should try to help this man as soon as possible. The City has to do something to protect the north section of this dam, then Dr. Akbar can proceed with his own repair work. There Zs consaderable danger at spring flooding time. He said that he hoped the Council would see the urgency in th�.s matter. Councilman Breider asked the City Engineer after the studies,what catagory of work would this be? What can be done to stabilize the structure� The City Engineer said that this would depend on the severity of the problem. There must also be protection of the area being undermined. The method would be determined by what is found upon the physical examination. The lake may have to be drained. He said that he has personally examined the dam three times last week. As necessary more logs will be taken off the dam. When the elevation is lowered rt will show how far the work will have to extend. Councilman Breider said then not too much can be done until the examination is completed. The first meeting in December should provide some answers. The City Engineer said yes, by then they should know what remedial action is called for. There is some concern by the Locke Lake Association on what will happen to the Eish if the lake is lowered too far. , The water must be lowered slowly or the force of the water would cause more damage. Councilman Sheridan asked i£ there were any figures 'the City Engineer 1.s thinking in terms of. It may not be repairable. The City Engineer said that he could have some figures for the next meeting, along with some suggestion on what would be the best route to go. If a new facility is called for, it could not be done over the winter. Councilman Liebl said that it is going to be expensive to rebuild. There are cracked walls- He felt that there shoulci not be a partial job done, then Dr. Akbar`s money would not be wasted. If the City Engineer finds out that it cannot be repaired, then the City should make a permanent structure. We may have to put some cement down to keep this gentleman's property from washing away. Councilman Breider said that it seemed that there were two distinct problems. The first is to get through the spring thaw and the second is to find the permanent solution. The City Engineer said that this is an old culvert under the Anoka Cuyuna Railroad tracks that is being used as a dam. He said that it is surprising that it has lasted this long, and that it is inevitable that there would have to be something done to it. The problem is that it should not have been allowed in the beginning. Councilman Breider said that it seemed that there can be nothing done until , the first meeting in DecemUer. The City Engineer advised that in the mean- time if the Councilmen receive calls on thzs, to advise the people of the severity of the situation, and that the dam level is going to be lowered a little every day. ��, �� r REGULAR COUNCIL MEETING OF NOVEMBER 16, 1970 PAGE 5 � ORDINANCE �469 - AN ORDINANCE ADOPTING THE BUDGET FOR THE FISCAL YEAE2 1971: MOTION by Councilman Harris to adopt Ordinance #469 on second readinq, waive the reading and order publication. Seconded by Councilman Liebl. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously. DISCUSSION REGARDING FENCING NORTH OF I. 694: (ON UNIVERSITY AVENUE) Mayox Kirkham read the communication from NLr. Norm Osterby, District Enqineer, Minnesota Highway Department, aloud for the benefit of the audience. Mr. Carl J. Nelson, 6711 4th Street N.E., asked if the Engineering Depaxt- ment did not take a survey of the accidents to date. Mayor Kirkham said that this has been done, and there was one pedestrian accident at an intersection and two at non-intersections this year. Last year there was one at an intersection. In 1968 there was one at a non-intersection. In 1967, two at intersections, and in 1966, none. In 1965, three at non-intersections. From i965 to date there were four pedestrian accidents at intersections and six at non-intersections for a total of 10. There were four non-intersection accidents on the service soads for a grand total of 14. This would include bicycles. � Mr. Nelson felt that the Highway Department had no business putting up this fence and it must be stopped. He did not want an East Fridley and a West Fridley. The City has asked fox a bridge, but the Highway Department said that they did not have enough money, yet they have money for this fence. It is ugly' The City blocks in Fridley are 2-3 blocks long. The speed is 45 - 55 M.P.H., why not make the speed limit 30 M.P.H. Theze is an opening in the fence at 61st for a bus stop. The children will come through the opening and will be trapped and there will be more accidents. He said that he would wish that tlte Council would stop this fence. This meeting was not adequately advertised or more people would be in attendance, as he felt that everyone is against the fence. Mayor Kirkham said that the Council da.d ask that they stop with the fencing. These was a meeting with the of£icials fos the Highway Department and this was reviewed with these same points being brought out. That is highway propoety and they have more authority than the City does. It a.s their right of way. They can put it in whether the City wants it or not. Mrs. Helen Truenfels said that there should be a bridge installed to keep one sa.de of Fridley from being cut off from the other side The Highway Department said that one reason the bridge would not be put up was because the fencing was so expensive. Now we have to have the fenae, why not the bridge? Mayor Kirkham said that the Council could keep insisting, but he did nat know how much good it would do. � A member of the audience said that this cuts Fridley up into little sections. He asked how many other openings there would be in the fenee. Mayor Kirkham said that there would be one for the slipoff ramp at 60th Avenue. The visrtor said that he lives in Sylvan Hills and he has instructed his children to cross the hiqhway at non-intersections because of the conflicting traffic at the intersections. He felt that it was much safer as then there `� I,a REGULAR COUNCIL MEETTNG OF NOVEMBER 16, 1970 PAGE 6 was only one way to look at a time. Mayor Kirkham pointed out that there � were four accidents at intersections and 6 at non-intersections. The visitor suggested having pedestrian crossing signs put up, expecially between blocks. Mr. Eldon Schmedeke asked if there was written permission for the 60th Avenue slip-off ramp. Mayor Kirkham said that they received verbal per- mission at the meeting with the Highway officials on November 13th, and a letter was to follow. Mr. Schmedeke wondered how hard it would be to make them remove the fence if it is proven unsatisfactory. He questioned what would happen with the snow. He doubted if the wing could be used. The snow will be on the property owners lawn, and this will cause trouble. He asked who mows by the fence. He said that he has called them several times about weeds in �ront of his place. He asked who plows the service roads. The City Engineer said that the Highway Department is supposed to plow the service roads, but the City has done xt on occasion. The Highway Department has been trying to get the City to take over plowing the seivice roads. Councilman Harris said that this is back on the Agenda at the xequest of the Council. He insisted that this be brought to the attention of the public. IIe said that he had many misgivings concerning the fence. He did not feel that the fence will serve the purpose it is intended, because there are still openings £or intersections and emergency vehicles. He felt that some people may be hesitant to speak against the iencing be¢ause ' of the possibility of someone being hurt, and they would feel responsible. He said that the Council has been working towaxds beautifying our main street, and he thought that the effect was dima.nished by the fencing. It seems to be a problem of safety versus aesthetics. He said that it was not satisfactory to him that safety is being handled adequately. The letter received from the Ha.ghway Department is not exactly what was decided on the meeting of the 13th. South of I. 694 there is a school on one side and residential on the other side, so the fencing is needed. Naw there is a situation where the Highway Department has indicated that they wa.11 put in the fencing, and he knew that many people ob�ect to the fence. The Council considered this at the October Sth Meeting and again at the November 13th meeting wrth the Highway Department officials. After the October Sth Meeting a letter was sent asking them to stop the fencing until further meetings were held,but the poles were already in. A lady in the audience said that if a vote was taken of the people, she thought that they would be against the fencing, She said that she is afraid to cross at the intersection and crosses in the middle of the block. Councilman Harris said that the action of the Council was indicated when the whole Council was present. She fence was to proceed south of S. 694_ Subsequently 3 members of the Council met on a Tuesday night. He had to be absent because of an N.S.S.S.D, meeting. Apparently a decision was made by the three members of the Council at that time. He said he was surprised to see the poles going up. There was no question in his mind that people , were very unhappy with the situation. He said that he was relating theix general feeling. Mr. Schmedeke said that he would be the last person who would want to see somebody hurt, He thought that perhaps the 45 M.P.H. speed limit is too fast. �� K REGULAR COUNCIL MEETING OF NOVEMBER 16, 1970 PAGE 7 � On the freeways the fencing is necessary in some areas to keep the cattle and deer of the road, but he did not tha.nk it was feasible in a City. A lady in the audience asked if anyone has ever tried to cross on Mississippi and University at 5:00 P.M. A visitor to the Meeting said that this would place a burden on the service roads, and University Avenue would be an expressway. Councilman Liebl asked Mr. Bottemillex of the Minnesota Highway Department if the Highway Department did not receive letters asking for this fencing. Mr. Bottemiller said yes. CounCilman Liebl said that they committed them- selves at the Meeting November 13th to deleting the area where the slip-off will be, with a letter to follow. Mr. Bottemiller said that the permit would be coming for the slip-off and the fence will come down in this area. Councilman Liebl said that the Council has been waiting for that permit for a year, and in the meanta.me the Engineering Department is being held up waiting for the permit_ He asked him to expedite this. Mx. Bottemiller said that he would pass the request on. Councilman Liebl said that if the fence does not work out and the safety is not improved, will the Highway Departrnent reconsider and take it down' Mr. Bottemiller said that this is what Mr. Osterby said in his letter. It was pointed out that Mr. Osterby 7ust said that they would consider it, not that they would take it down. Councilman Harris pointed out that all the communication to date with the � Hiqhway Department concerninq fencinq has been only south of I. 694, and none north of there. A visitor to the Meeting wondered how many children would have to be killed at Mississippi and University Avenue before the Highway Department would take it down. Councilman Breider said that in light of the accident report he would support the State's views. He said that he hoped they would stand behind their statement and take it down if it a.s found that it does not improve safety. He said that he would be in favor of some pedestrian control and asked if there were any being considered by the Highway Department. Mx. Bottemiller said none that he knew of, and that he was not in a position to answer that_ Counczlman Breider said that the traf,fic counts on University Avenue will be constantly rising and he would be shirking his duty to tell the peo8le to cross at the micldle of the block rather than at the signals. He aqreed the Highway Departrnent should start looking toward a bridge over University Avenue. He felt that it was not a responsible attitude to say cxoss in mid- block. Mayor Kirkham asked him if he had ever tried to cross by walking at an intersection. At mid-intersection you only have to look one way at a time and there is no xight turn traffic. Councilman Sheridan sugqested that the Council could request a controlled intersection with a time allotted to pedestrians crossing wa.th all the traffic stopped. This is done in highly congested areas. Mayor Kirkham � agreed that this could be asked for; either discontinue the fencing or provide pedestrian controlled crossings. A visitor to the meeting said that if this much money could be allocated to fencing, then there should be some for pedestrian controls. It is virtually impossible to walk or blcycle in Fxidley. c'� '� R�GULAR WUNCIL MEETING OF NOVEMBER 16, 1970 PAGE 8 A lady in the audience asked what would happen when all these children try to cross at MississYppi. Mayor Kirkham pointed out that 5 of the accidents involved bicycles. Bicycles will continue to be on the highway and the fence will not prevent it. He said that he would k�e in favor of continuing asking for the removal of the fencing north of I. 694. Councilman Liebl said that he felt the fencing would be moving in the right direction because it would point out the need for pedestrian control. He thought it was irresponsible to cross any place. We live by laws not the whim of man. Aesthetics must also be considered. He felt that there should be a pedestrian crossing at 61st, Mississippi and Osbozne Road and the lights should be adapted. This Council has committed _itself to the Highway Departsnent, It is going to cost the tazc payers either way. He said that he felt that if the Highway ➢epartment felt the need for pedestrian controls, they will come across wa.th it. He said that he will not shirk his responsibility. The letter says that the City should try it and if it is proven that it does not improve safety they say they will take it back down. He said he could not tell his children to cxoss 9nthe middle of the block. Mr. Richard Harris asked if there was any overall plan for Universrty Avenue, or will it continue to be improved in a haphazard way. Mr. Bottemiller said that he was not aware of any plan. Mr. Harris said that the intersections are terrible. He could see Councilman Liebl's point, but he could also see the people's. Councilman Harris said that he could not accept the letter as written from the Highway Department dated November 16, 1970. He felt the word "consider" should be requested to be removed from the last paragraph. Councilman Breider said that the word "consider" is a nebulous answer. Councilman Harris felt that the work should be suspended until there is an agreement the Council can live with. Mayor Kirkham pointed out that they did not stop work the last time the Council asked them to, but we could ask again. MOTION by Councilman Harris to direct the Administration to communicate to the Highway Department that the Council would like somthing in writing they can live with and to cease work until an agreement is reached. Seconded by Councilman Liebl. Councilman Liebl asked if the City could legally stop the work. The City Attorney said no, it is the State right of way. Councilman Liebl said that it �.s not up to the City then, the Highway Department is 7ust informing the Council of what they intend to do. The City Attorney said that the Council is merely asking Nir. Osterby, District Engineer, to change the word "consider" to read that they would take the fence down �,f it proved unsatisfactory. They already said that verbally at the meetzng. THE VOTE upon the motion, being a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously. REC�SS: Mayor Kirkham declared a recess at 9:25 P,M. The meeting was reconvened at 9.45 P M. 1 � � � rx �� -� REGIILAR COUNCIL MEETING OF NOVEMBER 16, 1970 PAGE 9 CONSIDERATION OF DONATION OF LAND TO THE CITY FOR PARK BY ROBEP.T JAEGER. Mayar Kirkham informed the Council that Mr. Robert Jaeger has offered to donate Lots 1- 5, Block Z, Riverview Heights Addition for a park. A letter of confirmation will be following soon. Councilman Harris said that the letter should be turned oveY to the Parks and Recreation Commission to be formally received. RECEIVING BIDS AND AWARDING CONTRACT FOR WORKMEN'S COMPENSATIOlV INSURANCE: (Opened Monday, Novemk�er 9, 1970 at 1:30 P.M.) Guaranteed Diva.dend Plan Company & Gross Premium Net Final Agent Premium Discount Premium Dividend Premium International Ins. $25,838.00 Co. (part) Crum & Foster Ins. Group Mahnomen Ins. Agency Richard E. Schlicht Agt. 9942 Bluebird St. N.W. Coon Rapids, Minn. Pennsylvania General Insurance Co. Larson Ins. Agency 9D0 Foshay Tower Minneapolis, Minn. 15a Exp. Modification $3,876.00 5.2o Premium Discount $1,142.00 $25,838.00 15� Exp. Modification $3,876.00 13o Premium Discount $2,855.00 $20,82a.00 15o Dividend $16,944.30 $3,875.70 $19,107.00 15% Dividend $18,152.00 $955.35 Councilman Harris asked how these bids compared with last years'. The Acting City Manager said that they were about $1,OOD more, but that they were based on payroll and the payroll is higher. As the payroll rises, so do the premiums. These are �ust est�.mates and are subject to audit. MOTION by Councilman Harris to concur with the recommendation of the Administration and award the Workmen's Compensation Insurance to Mahnomen Insurance Agency in the amount of $16,944.30. Seconded by Councilman Breider. Upon a wice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously. RECEIVING THE MINUTES OF THE PLANNING COMMISSION MEETING OF NOVEMBER 4, 1970 1 The City Engineer reported that the first item was continued by the Planninq Commission and the second item was referred to the Parks and Recreation Commission so the Council action would be to receive the Minutes. MOTION by Councilman Liebl to receive the Minutes of the Planning Commission Meeting of November 4, 1970. Seconded by Councilman Breider. Upon a voice vote, all ayes, the motion carried unanimously. `� = t REGULAR COUNCIL MEETING OF NOVEMBER 16, 1970 PAGE 10 RECEIVING THE MINUTES OF THE BUILDING STANDARDS - DESIGN CONTROL ' NIEETING OF NOVEMBER 5, 1970: l. WNSIDERATION OF A REQUEST TO CONSTRUCT AN OFFICE BUILDING TO BE LOCATED ON THE WEST 115' OF LOT 11, AUDITOR'S SUBDIVI5ION #89, THE SAME BEING 7091 HIGHWAY #65, FRIDLEY� MINNESOTA. (REQUEST BY D.W. HARSTAD CO., 7101 HIGHWAY #65, MINNEAPOLIS� MINNE50TA): The City Engineer explained that this is an office building north o£ the railroad tracks on the East Sesvice Drive of T.H. #65. This has been presented previously because they were granted a variance by the Council. The proposed construction is for three sides brick and the back painted block. The Building Standards - Design Control xecwrunended approval sub7ect to some stipulations found on Page 11 of the Council Agenda. He said he would work with the applicant to make sure the ele- vation is suf£icient so there would be no flooding on the lower level and to provide adequate drainage. He then showed the plans on the easel. Councilman Harris asked if this would not be visible from Norton Avenue. He felt that there should be something done to the back to make it more aesthetically pleasing. He said that to brick the back wall would add to the cost, but asked if there could not be something done that would be relatively inexpensive such as brick columns. Mr. Harstad said that they could do something of this nature. He added that he has already started cleaning the creek with a backhoe and picking up some ' blocks. MOTION by Councilman Harris to grant the bmlda.ng permit for 7091 T.A. #65 requested by Don Harstad sub7ect to the list of stipulations presented by the Building Standards - Design Control Subcommittee, and also request that he endeavors to do something with the back of the building to make it more aesthetically pleasing. The motion was seconded and upon a voice vote, all votinq aye, Mayor Kirkham declared the motion carried unanimously. Councilman Sheridan asked what was meant ]ay #5 concerning putting guard posts at the end of the blacktop. The City Engineer said that this was to prevent cars from pulling ahead onto someone elses property. 2. CONSIDERATION OF A REQUEST TO CONSTRUCT A WAREHOUSE FURNITURE OUTLET TO BE LOCATED ON LOTS 2, 3� 4, AND 5, BLOCK 1, GRF.AT NORTHERN INDUSTRIAI, CENTER, THE S11ME BEING 5353 EAST RIVER ROAD� FRIDLEY� MINNESOTA. (REQU�ST BY THE WICKES CORPORATION, 515 N. WASHIIVGTON, SAGINAW, MICHIGAN): The City Engineer showed a rendering of the building and said that this was in the Great Northern Industrial plat and the request was for a warehouse with a retail section. He said that he has stressed the importance of having a nice looking building as this is the gateway to the City. He would like to have an attractive building. Wickes ' Corporation has Bolen Suildings as a subsidiary corporation. It is to be a metal building with brzck pilasters. This is next to Plywood Minnesota. Al1 the customers parking would be on the East River Road side, the building would face west. They have indicated they would �� REGULAR COUNCIL MEETING OF NOVEMBER 16, 1970 PAGE 11 � like him to work with the Highway Department to shave off the ni11 somewhat. There is no curbinq on the south side of the road, because it was not known where the curb cuts should be. The Building Board recommended approval of a foundation permit. Mr. Paul England presented a sample of the bua.lding material and said that he hoped that it would make a most attractive building. Councilman Haxxis asked if the air conditioning and heating units would be on the roof. Mr. England said that they would be on the lower level and as inconspicuous as possible. Councilman Harris said that this would be visible £rom I. 694. The City Enginees showed an elevation of what would be viewed from I. 694. He suggested that the units on the roof be housed. This would be covered when the final plans are submitted. He added that this building would be a little less than 140,000 square feet. Ms. Enqland said that customers would have to come thsougH the warehouse portion to get to the sales offices. The doors will be smoked glass; and the same bronze color as the panels in the building. Facing toward East R�.ver Road is the warehouse and at the back are the sales offices. Councilman Harris said that basically the plans look nice. There may be some other suqgestions at the time the final plans are presented. � Mr. England said that one of the ob�ectives is to display the merchandise to the custorier as they proceed through to the sales of£ice. Councilman Harris saa.d that sometimes the walkways get narrower and narrower as the inventory grows. Mr. Enqland said that he was wxth Wickes and is the Director of Facility Planning. Mr. Jack Grimm is also present tonight with him. Mr. Sloomberg is the local man that will be working on this, and building the building. Wickes Corporation is 16 years old, and has branched into many other operations. The Minneapolis area was selected for their furniture store over Washington D.C. and Ohio. This store in addition, will be the national headquarters, and there will be approximately 100 employees. He said that Sack Grimm and hunself have been engaged in building all over the nation. In his experience he has never found a more accommodating City staff. He has been able to get all the infor- mation he needed quickly from the City Hall staff. They are excellent and have been a great help. He said that he would like to be authorized �o start the foundation before the frost goes into the ground. Mayor Kirkham informed Mr. England that the Council is also proud of it's sta£f. MOTION by Councilman Liebl to grant a foundation permit to the Wickes Corporation sub�ect to the stipulations of the Building Standards - Design Control Subcommittee. Seconded by Councilman Harris. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried ' unanimously. Councilman Harris asked when they would have the fa.nal plans. Mr. England said that much of the work is done in Nebraska and rt should be about two weeks before they are back with the final plans. {� t_� `i "l/ REGULAR COLINCIL MEETING OF NOVEMBER 16, 1970 ON STREET PARKING IN LOCKE PARK: PAGE 12 Councilman Harris said that he was concerned al�out the on street parking along Locke Park. He has indicated to the City Engineer there should be some plans to post 69th Avenue so there a,s not parking on the street, so the people would use the parking- lat.,,This-would�be a real problem if there are cars parked on both sides of the stree,t. The service road should also be posted. RECEIVING THE MINUTES OF THE BOARD OF APPEALS MEETING OF NOVEMBER 10, 1970: A REQUEST POR A VARIANCE OF SECTION 45.053, 4B, TO REDUCE THE SIDE YARD REQUIREMENT FROM 10 FEET TO 9.6 FEET TO ALLOW THE CONSTRUCTION OF AN ADDITION ONTO AN EXISTING DWELLING LOCATED ON LOT 3, SLOCK 4, PARKVIEW DAKS 1ST A.➢DITION, THE SAME SESNG 5600 REGIS DRIVE N.E., �� The City Engineer said that this request by Mr. Daniel Murphy is for a variance from 10 feet to 9.6 feet to allow construction of an addition to his house. The Board of Appeals recommended approval. There are some cracks along the foundation and the Building Inspection Departrnent suggested that Twin City Testing check them out. They took soil borings and found that the structure was sound but suggested that the cracks be bonded and the owner has been notified of this. MOTION by Councilman Harris to concur with the Board of Appeals and grant the variance to Mr. Daniel Murphy sub�ect to the stipulations of the Board of Appeals, and receive their Minutes. Seconded by Councilman Sheridan, Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously. CONSIDERATION OF DATA PROCESSING NEEDS AND PUACHAS,� OF NCR 400: The Acting City Manager said that at present they are renting a machine on a monthly basis, with no commitment. The proposal is to enter into a 3 year lease which would save approximately $140 per month. He felt that they would be keeping the machine £or the next three years. The City would pay out in 28 months under the present arrangement the same as if they were leasing for 3 years. There is a full maintenance agreement on the machine. Councilman Sreider asked if at the end of three years, the price could �ump on the maintenance agreement. The Representative said that it would not go up appreciably. Councilman Breider asked if the maintenance contract covered everything. The Representative from NCR said that it would cover evexyth�ng to keep the machine in running condition. MOTION by Councilman Harris to concur with the Administration and enter into a three year lease agreement for NCR 400. Seconded by Councilman Liebl. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanunously. ' ' L_� �� P , � REGULAR COUNCTL MEETING OF NOVEMBER 16, 1970 Page 13 � RESOLUTION #209-1970 - A RESOLUTION AUTHORSZING THE CITY COUNCIL OF THE CITY OF FRIDLEY, MINNESOTA TO ENTER INTO A LEASE AGREEMENT FOR THE I�EASE OF A NATIONAL CASH REGIST�R 400-729 ACCOUNTING MACHINE: - - MOTION by Councilman Harris to adopt Resolution #209-1970. 5econded by Councilman Liebl. IIpon a voice vote, all voting aye, Mayor Ktrkham declared the mota.on carried unanimously. DISCUSSION REGARDING FINAL PAYMENT TO C.S. McCROSSAN, INC. FOR SANITARY SEWER AND WATER IMPROVEMENT PROJECT NO. 93: MOTION by Councilman Liebl to authorize payment to McCrossan, Inc. and Home Owners Insurance 7ointly upon receipt of authority to pay for material furnished, equipment rented and time from Home Owners Insurance Co. Seconded by Councilman Sheridan. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion �carra.ed unanimously. DISCUSSION REGARDING ACQUISITION OF EASEMENT ON JEFFERSON STREET FOR STREET IMPROVEMENT PROJECT ST. 1970-1: MOTION by Councilman Harris to acquxre the easement from Thomas R. Swanson for the consideration of $300. Seconded by Councilman Liebl. Upon a voice vote, all voting aye, Mayor Kirkham declared �the motion ' carried unanimously. RESOLUTION #210 - 1970 - A RESOLUTION TO ADVERTISE FOR BID5: PACKAGE PROPERTY AND CASUALITY INSURANCE: (Fire & General Liability Insurance for 1971, 1972 and 1973) MOTION by Councilman Liebl to adopt Resolution #210-1970. Seconded by Councilman Harris. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously. RESOLUTION #211-1970 - REQUESTING COMMISSIONER OF AIGHWAYS FOR REPAYMENT FROM THE SUBSEQUENT ACCRUALS TO THE CONSTRUCTION ACCOUNT OF THE MINNESOTA STATE AID F[7ND FOR FRIDLEY: MDTION by Councilman Liebl to adopt Resolution #211-1970. Seconded by Councilman Sheridan. Upon a vo.tce vote, all voting aye, Mayor Kirkham declared the motion carried unanunously. RESOLUTION #212-1970 - AUTHORIZING AND DIRECTING TH� SPLITTING OF SPECIAL ASSESSMENTS ON LOT 6, PARCEL 1800, AUDITOR'S SUBDIVISION #78: MOTION by Councilman Harris to adopt Resolution #212-1970. Seconded by Councilman Breider. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously. ' RESOI,UTION #213-1970 - AUTHORIZING AND DIRECTING THE COMBINING OF SPECIAL ASSESSMENTS ON PART OF LOTS 13 & 14, PARCELS 2880 & 2900, AIILIITOR'S SUBDIVISION #78• MOTION by Councilman Harris to adopt Resolution #213-1970. Seconded by Councilman Breider. Upon a voice vote, all ayes, the motion carried. � � �� REGULAR COUNCIL MEETING OF NOVEMBER I6, 1970 PAGE 14 RESOLUTION #214-1970 - AUTHORIZING AND DIRECTING THE COMBINING OF SPECIAL ASSESSMENTS ON LOT 2, BLOCK 1, AND LOT 3� BLOCK l, OAK GROVE ADDITION: MOTION by Councilman Harris to adopt Resolution #214-1970. Seconded by Councilman Breider. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously. RESOLUTSON #215-1970 - AUTHORIZSNG AND ➢SRECTSNG THE COMBINING OF SPECIAL ASSE5SMENTS ON LOT 20 AND LOT 21, BLOCK 2, ONAWAY ADDITION. MOTION by Councilman Harris to adopt Resolution #215-1970. Seconded bp Councilman Breider. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously. APPOINTMENTS: HUMAN RELATION5 COMMITTEE• (Tabled 17-2-70) Mayor Kirkham reported that he was not yet ready with the appointments, MOTION by Councilman bIarris to table consideration of the appointments to the Human Relations Commzttee. Seconded by Councilman Liebl. Upon a voice vote, a11 voting aye, Mayor Kirkham declared ,the motion carried unanimously. CLAIMS: MOTION by Councilman Harris to authorize payment of General Claims #23451 through #23644 and Liquor Claims #4984 through #5001. Seconded by Councilman Breider. Upon a voxce vote, all voting aye, Mayor Kirkham declared the motion carried unanunously. LICENSES: Vending Machine Jackie Ann Hair Stylists University and Mississippi Fridley, Minnesota Food Establishment Piggly Wiggly 525I Central Avenue Fridley, Minnesota Family Pizza Kitchen 7365 East Rivex Road Fridley, Minnesota Off Sale Liquor Piggly Wigqly 5251 Central Avenue Fridley, Minnesota By Robert Nielsen Approved By Health Inspector By: Pa.ggly W�.ggly MidWestern Health Inspector By: Earl M. Duffy Health Inspector Health Inspector By. Piggly Wiggly Midwestern Police Chief ' ' ' � i� �, ; REGULAR COUNCIL MEETING OF NOVEMBER 16, 1970 PAGE 15 ' LICENSES CONTTNUED: Cigarette Approved By Walt's Apco 7250 Central Avenue Fridley, Minnesota By: Robert Pellow Police Chie£ Taxicab Columbia Aeights Cab Co. 903 40th Avenue N.E. Columhia Heights, Minn_ Sy: John LaMOnt Police Chie£ Christmas Tree Lots Fridley Lions Club 6289 Hwy. #65 Fridley, Minnesota By: Leon Madsen Fire Chief Holiday Village North 250 57th Avenue N.E. Fridley, Minnesota By: Erickson Brothers Fire Chief , General Contractor Frontier Lumber & Hardware Inc. Chanhassen, Minnesota By: Herbert Bloomberg Building Inspector Heating Olson Sheet Metal Works Inc. 315 Lincoln Street IQ.E. Minneapolis, Minnesota By, Ro7�ert L. Olson Plumbing Insp. Sign Erec�.or Telke Signs 3940 Minnehaha Avenue Minneapolis, M�nnesota By: Richard Telke Building Inspector Multiple Dwellings 1Qame Address Units Fee Dee Bee Contsacting Donald Babinski 333 Rice Creek Terrace 6670 Lucia Lane 16 $16.00 , Same 6680 Lucia Lane 16 $16.00 Same 6690 Lucia Lane 16 $16.00 MDTION by Councilman Liebl to approve the £oregoing licenses. Seconded by Councilman Harris. Upon a voice vote, all ayes, the motion carned. �� 6i� REGULAR COUNCIL NIEETING OF NOVEMBER 16, 1970 ESTIMATES: Weaver, Talle & FIerrick Attorneys at I,aw 136 East Main Street Anoka, Minnesota 55303 For expense advances, dated October 5, 1970 Dunkley Surfacing Company 3756 Grand Avenue N.E. Minneapolis, Minnesota PARTIAL Estimate #3 dated November 10, I970 for Street Improvement Pro�ect St. 1970-4 Berglund-JOhnson, Inc. Excelsior Minnesota 55331 PARTIAL Estimate #5 dated November 2, 1970 for work completed, this date, for construction of Water Improvement Project No. 95, Schedule B, according to contract. Comstock & Davis, Inc. Consulting Engineers 1446 County Road "S" Minneapolis, Minneosta 55432 For the furnishing of resident inspection and resident supervision for the staking out of the following construction work: PARTIAL Estimate #12 for Sanitary Sewer & Water Improvement Pro7ect No. 93 from September 28 through October 31, 1970. PARTIAL Estimate #13 for Water Improvement Pro7ect No. 94 from September 28 through October 31, 1970 PARTIAL Estimate #6 for Water Improvement Pro�ect No. 95, Schedule B from September 28 thraugh October 31, 1970 $ PAGE 16 37.00 17,067.75 22,853.00 1,504.25 42.24 1,856.82 COMMUNICATIONS: A. MINNESOTA BUREAU OF MEDIATION SERVICES: FIREFIGHTERS ELECTION MOTION by Councilman Liebl to receive the communication from the Minnesota Bureau of Mediation Services dated October 29, 1970. Seconded by Councilman Breider. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously. LJ � ' �( P �i �� + REGULAR COUNCIL MEETSNG OF NOVEM�R 16, 1970 PAGE 17 � B. MINNEAPOLIS URBAN CORPS: RESOLUTION ON NON-RETURNABLE CONTAINERS: MOTION by Councilman Harris to receive the communication and resolution from the Minneapolis Urban Corps. Seconded by Councilman Sheridan. Upon a voice wte, all vota.ng aye, Mayor Kirkham declared the motion carried unanimously. C. ATTORNEY GENERAL. FLAG ORDINANCE The City Attorney said that obviously the Attorney General does not want to rule on it. He said that he had checked the Minnesota law and there was no indication either way. Mayor Kirkham said that he would like to publish it. Councilman Harris said that he assumed that if it was read, he would render an opinion. The City Attorney said that was his under- standing also. MOTION by Councilman Harris to instruct the City Attorney to check further into the legality of the Flag Ordinance as written. Seoonded by Councilman Sheridan. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously. RECONSTDERATION OF LOT SPLIT #70-13, LOTS 6-10, BLOCK 6, SPRING BROOK PARK ADDITION, DUFFY LUMBER COMPANY: , The City Engineer said that the Lot Splrt approved by Council was modified from the way the applicant presented it. They have gone through the legal procedure of getting the deeds etc. and would like to have it approved as submitted. The lot split line is still S' away from the property line, and rt would stall meet the side yard Ordinance requirement. The Representative of Duffy Lumber Company said that this was oxiginally owned by Maxvin Benson. There are two houses on 5 lots. In 1960 there was a mortgage placed on the property to the north, being Lots 6, 7, & 8. Subsequently there was a house built on the south portion and a mortgage placed on it in 1961. Then rt was transferred to Duffy Lumher Company. They then attempted to sell the property to the north with the house on it. It was sold on January 14, 1970 to Nasby's. They then enterecl into a contract agreement. The line would split the two houses. He said that he did not know where the front of the property was. It has been approved as submitted by everybody concerned with no problems. Now they need Council approval of the Lot Split. Councilman Harris questioned i£ the new splrt would meet the legal requirements of 7500 square feet. The City Attorney said that Lots 6, 7, S, & 9 could be replatted. The Repxesentative said that they could do it under a registered land survey. He wanted to get the approval of the City Council before he filed the deed. � Councilman Harris said that this would be setting a precident and the Council has turned people down. If there is enough land, they shouLd _ make the split for two buildable srtes. The variance of area require- ments should go to the Board of Appeals. a �> ;3 x _ ., REGULAR COIINCIL MEETING OF NOVEMBER 16, 1970 PAG$ 18 Councilman Liebl said that he appreciated the problem he was faced with, and is somewhat of a hardship case. He asked what was the address of the building with the garage. The Representative said that the north house was 7969 East Ittver Road and the south house faces Longfellow and is 305 Longfellow. Councilman Liebl asked if the Council had the authority to grant an area variance w�thout it going to the Board of Appeals. The City Attorney said that they do. Councilman Harris asked if this would be a metes and bounds description and the Representative said no, nor did they intend to plat. He then read the legal descriptions of both houses. The City Attorney asked what was the ob�ection to moving the line and the Representative said that the Nasby's did not agree to moving the line. Councilman Harris said that they would be giving up a portion of Lot 8 and getting an equal value on Lot 9. The Representative said that the property on East River Road was more valuable. ' MOTION by Councilman Liebl to grant the Lot Split #70-13 as originally submitted, to Duffy Lumber Company. Seconded by Councilman Sheridan. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously. RECEIVTNG TWO QUOTATIONS ON MOBILE WARMING HOUSES: (Parks & Recreation Department) The Director of Parks and Recreation explained that he was thinking in terms of mobile homes fpr warming houses. They could be moved from place to place and used during the summer on the playgrounds. This is the same concept as has been used for school buildings. Mayor Kirkham asked how they are finished inside. The Director said that they are all wood and are not finished inside. There would be benches for putting on skates. In the summer they plan to use for storage and moved to another area. They can be used for mobile playgrounds. This would bring a playground program to an area for a day, and there would be leadership provided. This would have a metal exterior wath a wood floor. He said that he planned on using the smaller (12'X32') at Terrace Park and the larger one at Commons Park. They could then be moved later on in the season. Councilman Harris asked what was the advantage of mobile homes over a permanent structure. He thought there may be some objection with the way they would look. They should be gone when summer comes. Why not use a permanent structure on Commons Park� The Parks and Recreation Director explained that there would be greater flexibility in having them mobile. The larger one (14'X56') used at Commons Park would of course not be as mobile as the smaller one. Councilman Breider asked if they would be heated. The Director said that for the one for Commons Park gas would be piped in and for the smaller one bottle gas would be used. Council.man Harris said that he had some reservations about the larger mobile home. The Director said that this is a new concept that he would like to try. He thought that it would work and would provide great flexibility. The price of $5,035.00 for the larger one is not out of line. Councilman Breider said that he liked the idea of the smaller unit that could be moved around the City, but he also would have some reservations on the larger one. Councilman Liebl suggested L J I� ' � LJ � � �� `� REGULAR COUNCIZ MEETING OF NOVEMBER 16, 1970 PAGE 19 trying the smaller one and see how it works out. Councilman Harris said that the largex one for Commons was a good sized building for the price. He suggested finding out what a 12'X16' or 18' would be. Councilman Sheridan wondered what the legal requirements were for pulling on the highway. He thought it was 10'. MOTION by Councilman Harris to approve acqnisition of a 12'X32' mobile home £rom Cliff Industries and request a report on the cost of mobile homes 12'X16' or 18'. Seconded by Councilman Sheridan. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unan�lnously. PETITION TO ANNEX DURNAM ISLAND: Mayor Kirkham explained 'that there has been a petxtion received from Erooklyn Park for annexation of Duxnam Island to Fridley. The owner of the island has found that facilities can be available more readily from Fridley than from Brooklyn Park. The City Engineer said that about three months ago he talked to them in xegard to getting water and sewer and access. There would ]�e no great problem with water and sewer. Most of the island does not get flooded. There was some talk of a high class xesidential area or high rise apartments. Councilman Shendan said that the City of Fridley has enough problems wrth floodinq without taking on more. The Acting City Manager said that it is back on the Council Agenda for Brooklyn Park November 23rd. Mr. Richard Harris asked if the City could annex over Gounty lines. Mayor Kirkham pointed out that at one time Fridley had the island. Councilman Sheridan said that he understood that there were no concrete plans for it at this time. ADSOURNMENT: There being no further business, Mayor Kirkham declared the Regular Council Meeta.ng of November 16, 1970 ad7ourned at 11:20 P.M. Respectfully submitted, �� c-i/ //�,✓/P-G.'/fi Juel Mercer Secretary to the City Council Jack O. Kirkham Mayor