12/07/1970 - 00018404� 3
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THE MINUTES OF THE REGULAR COUNCIL MEETING OF DECEMBER 7, 1970
PLEDGE OF ALLEGIANCE:
The Mayor lead the Council and the audience in saying the Pledqe of Allegiance
to the Flag.
INVOCATION:
Reverend Bergren, Redeemer Lutheran Church o£fered the InVOCation.
ROLL CALL•
MEMBERS PRESENTc Sheridan, Kirkham, Liebl, Harris, Breider
MEMBERS ABSENT: None
Mayor Kirkham called the Regular Council Meeting of December 7, 1970 to order
at 7•50 P.M.
APPROVAL OF MINUTES OF THE REGULAR COUNCSL MEETING OF NOVEMBER 16, 1970:
MOTION by Councilman Sxeidex to adopt the Minutes of the Regulal Council Meeting
of November 16, 1970 as presented. Seconded by Councilman Sheridan. Upon a
voice vote, a11 voting aye, Mayor Kirkham declared the motion carried
unanimously.
ADOPTION OF AGENDA:
Mayor Kirkham said that there were a number o£ items to add as follows:
lA. Consideration o£ Sewer Problem East of Central Near Hackmann Avenue
29A. Appointment of Sergeant in the Police Department
29B. Amendment to Public Works Union Agreement
Licenses: Add - Gerald Eich, General Contractor; Ideal Sheet Metal Inc.,
Heating; Mork & Associates, General Contractor; L.W. Samuelson,
General Contractor.
Estimates: Add - Partial Estimate #1 for Park Construction Company for
Pro]ect #P-10.
Communicata.ons Add E- Letter from Social Action Committee, St. Williams
Church.
MOTION by Councilman Sheridan to adopt
Councilman Breider. Upon a voice vote,
declared the motion carxied unanimously
VISITORS:
the Agenda as amended. Seconded by
all voting aye, M�por Kirkham
Left Turn Signal on 61st Avenue and University Avenue:
The City Engineer said that this has been requested from the Minnesota
HIghway Department repeatedly. He has been advised that the signal wa.11 go
in when the work on the loopback is done. They feel that it would be improper
to deactivate the signal twice. Mayor Kirkham said that it would depend on the
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REGULAR COUNC2L MEETING OF DECEMSER 7, 1970
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� Minnesota Highway Department schedule. The City Engineer said that there has to
be some right of way acquired, and there are documents to be signed. The
documents have not been x'eceived back from them. Aopefully the pro�ect wi11
be let next year.
Flag Ordinance•
Mr. Labock, 6231 Trinity Drive N.E., said that he would like to request that
the discussion on the Flag Ordinance be postponed until later in the meeting
as there is an attorney for the Minnesota Civil Liberties Union that will be
present later. Mayor Kirkham said that when the Council comes to that item,
they will bypass it for the time being.
FIR
USE
READING OF AN ORDINANCE FOR REZQN2NG REQUEST (ZOA #69-11) AND SPECIAL
RMIT REOUEST fSP. #69-�1) BY BURLSNGTON NORTHERN:
Councilman Harsis explained that the Council policy has been that the second
reading of an Ordinance must be within 6 months of the first reading. In
this case, there has been more than six months so it will have to have a first
reading again. He said that the language in Item #n seems to conform with
what was discussed earlier. He said that covenants should be filed along
with the plat covering the industrial lots that are being made available.
He said that the City Attorney will draw up the fina.l draft of the agreement.
Mr. Thompson o£ Surlington Northern said that this would be fine, and there
, did not seem to be any problem. Councilman Harris felt that the wordage of
the agreement should include some dollar Piqure for the cost of raising the
level of the tracks 3' such as the $6D,000 est.unated Mr. Thompson said that
that figure would be sub7ect to change because of the wages that would be
paid. The amount will increase the longer the pro7ect is put off. It should
be done within a certain amount of time. Councilman Harris said that 90% of
the cost for the raising o£ the tracks will be borne by the City and the
County. He said that he would hate to see the City share of the cost come
to $160,000 rather than the $60,000. Normally the City lets bids themselves
so the City would have the cost laid out. Mr. Thompson said that a dollar
figure could be added. There will be an increase a.n wages attached to it.
Councilman Breider felt that it would be possible to generate a table of
anticipated costs over, for instance, a five year period. Councilman Harris
said that it may be 3- 4 years before a.t is done. In 3- 4 years, they would
not be dealing with the same people possibly.
Councilman Harris said that the estimated cost of the shoo fly is $145,000.
The City Enga.neer said that originally it was $130,000 then it was raised to
the $145,000. Mr. Thompson said that the total cost of the shoo fly and
raising the tracks would be about $215,000.
Councilman Harris said that there should be added Item #t concerning the park
land as it may be different people that would be carrying out this agreement.
He suggested also adding Item #u stating that the petitioner will agree to
sign all supporting docvments. The City Attorney can prepare this.
' Councilman Harris said that there is nothing about the streets that would be
dedicated. Mr. Thompson said that this would be taken care of in the platting.
Mz. Thompson suggested that in Item #m, the woxd "such" be added and oame
forward to point out to the City Attorney where it 5hould be inserted.
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REGULAR COUNCIL MEETING OF DECEMBER 7� 1970
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Councilman Sheridan said that the agreement would be revised before the
second reading of the Ordinance in two weeks, with the changes as outlined in '
the rough draft and suggested this evening.
MOTION by Councilman Sheridan to approve the Ordinance on first reading and
waive the reading, and grant the special use permit, and instruct that the
agreement be drawn up for the second reading on December 21, 1970. Seconded
by Councilman Harris.
Councilman Liebl said that this would give Burlington Noxthern the rezoning
and special use permit, but they would still have to come before the Council
in regard to the layout of the construction of the bridge and underpass. He
urged working with the City so that the City cannot be hurt by the proposed
development. He said thank you £or the 300' depth industrial lots that are
being made available as that would add tax dollars to the City of Fridley.
This will make it possible to bring in some industrial development.
Councilman I-Iarris said that the publication of the Ordinance would be held
until all the documents are signed. He asked if it woulcl be possible to
prepare them enough�in advance of the next Council Meeting so that they would
be in the Council Agenda to give the Council time to review them. Mr.
Thompson said that he would work with the City Administrata.on on the redraft
of the aqreement, and the City Attorney said that it would be ready for the
Meeting of December 21, 1970 for the second reading of the rezoning Ordinance.
THE VOTE upon the motion being a roll call vote, Breider, Sheridan, Kirkham, ,
Liebl and Harris voting aye, Mayor Kirkham declared the motion carried
unanimously.
CONSIDERATION OP SEWER PROBLEM EAST OF CENTRAL NEAR HACKMANN AVENUE:
Councilman Sheridan e.scplained that these people with the problem of sewer
backup have talked to him, and they have been very patient with their problem.
The City Engineer said that this overall plan has been discussed before with
the City Council, to solve the problem of the sewer backing up for these
people in this general area. The overall plan was to divert the flow from
this area into the system to the north. He then showed a shaded map of the
area and said that the total program could be subdivided and the work done
in steps. There are three areas needing improvement. The terrain near
Central is lower than Hackmann and there is not enough fall for the service
lines of these houses into the City sewer. He said that he was propos�ng Step
One for immediate relief £or these people. With a heavy rain or the spring
thaw, they have sewage backing up into their basements. The pipe is under-
designed. Because of the fluid state of the N.S.S.S.D. and the Metropolitan
Sewer Board take-over the work was delayed. However, he felt that at least
the first stage should be completed for these people. The line gets £ull
because of the lunited fall, then backs up into the homes. His recommendation
was to proceed through the three stages one at a time, starting with the most
pressing. There is an existing contract, and if the Council desires, this
first step could be added by Change Order. '
Mayor Kirkham felt that whatever can be done to help these people should be
done. The Crty Engineer said that the City cannot wait too long to get the
other steps completed as this would cause problems in other areas. The line
to the north is an 8" line. After subdividing the district, some of the area
REGULAR COUNCIL MEETING OF DECEMBER 7, 1970
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� will have to be draining to the south. He said that he talked to the
contractor and he would be willing to have Stage One added to the existing
contract. Stage Two should be done next spring. There is a problem with
that in that the streets will have to be dug up. Mayor Kirkham asked if
these would be problems before Stage Two is completed. The City Engineer said
that this would depend on the amount of rain. The ground has to be thawed
before the work can be done. He pointed out that the third stage is the
most costly. Councilman Sheridan said that the third stage wonld have to be
completed before the east side of Central along Rice Creek Road can be
d.eveloped. The City Engineer said that there were two ways of handling the
third stage of the pro�ect; either be fosce main and l.ift stations or gravity.
The Acting City Manager asked if he anticipated any problems over the winter.
The City Engineer said these would probably be problems with the spring thaw.
Mr. John Swanson, 5835 Centxal Avenue N.E., said that the residents in his
area have been patient for about 15 years. He said that he had talked to the
people in the area about the plans for getting relie£. He said on occasion,
he has had to plug his laundry tubs and xun a board to the ceiling to apply
pressure to keep the sewage from backing up. Some people have had the sewage
running down their driveways £rom the garages. He said that he has a manhole
in his back yard, and has had his yard torn up. He said that he was sure
without the improvement they would have txouble a.n the spring. He said that
he would appreciate anything that the City could do to alleviate the situation.
� Councilman Sheridan said that the umnediate work proposed and Stage Two would
I�e a permanent improvement, rather than �emporary and would not be abandoned
when Stage Three is put in. He agreed that the first stage should be added
to the present contract. The City Engineer said that he hoped that the con-
tractor is still willing to do the work, as the frost is going deeper and
deeper into the ground. Councilman Harris asked if the homes to the south
of Mx. Johnson had any problems. The City Engineex sa�.d that this is taken
care of and further south there is no problem
Councilman Sheridan said that the Consulting Engineer and the City Engineer
have surveyed and talked about individual lift stations. This would cost
about the same, but there would be the maintenance problem.
The City Engineer said that he estimated that Step Two would be about $10,000
depending on the amount of right of way that has to be acqixired, and if the
pavement could be saved. He thought it would be about $25,000 £os both.
MOTION by Councilman Sheridan to implement Stage One and order Stage Two in
the 1971 construction season. Seconded bp Councilman PIarris.
The City Enga.neer said that they would need the cooperation of the people for
the acquisition of right of ways ete. The deeper the frost ge�es, the more
costly the pro�ect will be. Councilman Liebl asked if this was assessab7.e.
Councilman Harris said that Stage One and Two are maintenance and Stage Three
, would be a main and come fxom the qenesal utility fund.
THE VOTE, being a voice vote, all voting aye, Mayor Kirkham declared the motion
carried unanimously.
MOTION by Councilman Liebl to authorize Change Order #1 for Water and Sewer
Pro7ect #100. Seconded by Councilman Sheridan. Upon a voice vote, all voting
aye, Mayor Kirkham declared the motion carried unanimously.
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REGULAR COUNCIL MEETING OF DECEMBER 7, 1970
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AUTHORIZ� MAYOR AND MANAGER TQ ENTER INTO A LEASE FOR LIQUOR STORE NO. 1 �
AT SKYWOOD MAI,L •
The Acting City Manaqer said that tha.s was the same lease as previously
except that it is ahout 10% higher. It is a two year lease.
Councilman Harris said that he would-like to see stricken all of the second
paragraph under Article One after "-----within the lease tenn."
MOTION by Councilman Harris to authorize Mayor Kirkham and the Acting City
Manager to execute the lease and delete that portion of the paragraph.
Seconded by Councilman Breider. Upon a voice vote, all voting aye, Mayor
Kirkham declared the motion carried unanimously.
CONSIDERATION OF REQUEST FOR SPECIAI, USE PERMIT (SP #70-08) AND EINAL PLAT
(ONAN TERRACE) BY GEORGE NELSON:
The City Engineer said that the Notice that was sent to the abutting property
owners appears in the Agenda. He then showed the area on the overhead pro-
�ector. With the existing zoning there could be a total of 56 units. He is
proposing to build 50 units on the R-3 portion, and leave the north area for
landscaping and recreational use. He has agreed to gi�te the easement that
would run along the west side. Councilman Liebl asked if he still agreed to
the six residential homes facing Onondaga Street. He was told that he does.
Councilman Liebl said that he would like to see the residential homes built '
simultaneously with the multiple dwelling. The easement is shown on the
proposed final plat that is up for approval tonight. With the easement
there would be access to the garage on Lot 28. The question was raised how
does the gentleman get to his garage now. The City Engineer said that he
trespasses on the land to the east. He suggested that the easement be
increased to 35'. There is still enough remaining width for the residential
lots to be of minimum width.
Mr• George Hanson asked if Mr. Nelson would be building the homes. Mr. George
Nelson said that he was not a builder, but rather a developer. He would contract
the work out or sell the lots. He said that the building of the homes could
be concurrent with the building of the multiple dwelling. Mr. Hanson suggested
that Mr. Nelson buy the south half of Lot 31 as that would give him a square
parcel. He also suggested that the residential lots be increased to 300'
depth. Mr. Nelson said that he wanted a development compatible with the rest
of the community and to do as Mr. Hanson suggested would be moving backwards.
Mayor Kirkham coznmented that when the last plan Mr. Nelson presented was turned
down, the Council invited Mr. Nelson to try another plan and come back to the
Council wrth it.
Mr. I3anson felt that the residential lots should be biggeY than the 125'
planned. The City Engineer said that he had discussed this with Mr. Nelson
and advised him to plat the residential lots into 150' rather than 125'. This
is bigger than what the zoning ordznance requires. The 150' lots would better '
conform to the neighl�orhood. The setback could then be increased for better
conformation with the ad7acent lots. He said that he was sure that there
would be no ob7ection from NLr. Nelson, if the plat is approved.
REGULAR COUNCIL MEETING OF DECEMBER 7, 1970
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, Councilman Harris asked how many units the original plan called for. Mr.
Nelson sa�.d originally it was for 99 units, then 6 lots were added on Onondaga,
and the request was for 76 units. Now the request is down to 50 units, all
to be in the R-3 portion. As to making the residential lots 15D', he said
he would be willing to do this_ Councilman Harris asked if he planned to
retain ownership and NLr. Nelson replied that he did. Mr. Hanson asked if the
plan excluded parking on the north portion and Mr. Nelson said yes, that will
7ust be for recreational use and landscaping. Mr. Hanson asked that the area
next to the existing homes to the west be landscaped, to keep the use farther
from the homes in existance now. Councilman Harris said that the final
plans have not been drawn as yet. Sf this is passed, he would have to come
back with the physical construction plans. This is not the only time this
plan will be viewed by the Council
Councilman Breider said that the Council has considered plans for this land
twice before. The first time there were 99 units with plans for apartments
on the R-1 portion, then there were 76 units with parking on the R-1 portion.
This was felt to be too great a density. He felt that it would be rather
diffieult to develop the residential lots into 300 feet lots. The present
request with the landscaping on the R-1 portion would act as a good
buffer. The easement that would be given would also give access to the
garage on Lot 28. He felt that this pian may take some of the prassure off
Fiannery Park. He felt that this was a good overall plan. He suggested that
there be a privacy fence put up.
� Councilman Liebl said that the Council has been over this many times. He
said Thank You to Mr. Nelson for his patience. 99 unrts down to SD units
is a big improvement. He saa.d that he did not want to see apartment buildings
on R-1, and in this plan there a.s not.
Mr. Nelson asked where the setback would fall for tbe residential homes on
Onondaga. The City Engineer said normally it is 35' by the Code, but as the
lots are going to be increased to 150', the setback could be increased to
55' or 60'. Councilman Sheridan said that he may want to stagger the setbacks
to conform with the buildings on the east and west. After some discussion it
was agreed that the setback should be 60' at the west and step down in 5'
increments going east until 35' is reached. This would be filed with the
plat as a covenant. It was also pointed out that there would Ue a vaxiance
required from 39 units to 50 units.
MOTION by Councilman Harris to approue the final plat, Onan Terrace requested
by Mr. George Nelson and grant the special use permit specifying that the
density must not exceed 50 units, that the setback for the six residential
lots will be 60' on the westerly lot and step down by 5 feet going easterly
until 35 feet is reached, the lots are to be 150 feet in depth, and allow the
variance. Seconded by Councilman Breider with the additiorLS as follows, with
the agreement of Councilman Harris. That a building permit be issued for a
residential lot simultaneously with the building perm.it for the apartment
house; that there be a privacy fence provided; and that all the parking and
� building be on the R-3 portion and facing 73rd Avenue. Upon a voice vote,
all voting aye, Mayor Kirkham declared the motion carried unanimously.
RECESS:
Mayor Kirkham declared a recess from 9:30 to 9:50 P.M.
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REGULAR COUNCIL MEETING OF DECEMBER 7, 1970
CONSIDERATION OP REQUEST FOR RE-APPROVAL OF AL ROSE ADDITION:
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The City Engineer explained that this plat was approved in 1968. He is now
ready to file the plat and needs re-approval as the plat must be filed within
90 days of the approval. The approval would be sub�ect to some easements.
There is a 10' right of way needed along East River Road, but that will sti11
leave the lots of adequate size. Councilman Liebl asked if Riverview
Terrace lines up correctly. The City Engineer said that it did. There is
a 50' right of way. He then showed the Council the plat at the �ouncil tahle.
MOTION by Councilman Harris to approve the final plat o£ Al Rose Addition,
sub7ect to the right of way and easements as requested by the City Engineer.
The motion was seconded and upon a voice vote, all voting aye, Mayor Kirkham
declared the motion carried unanimously.
RECEIVING STATUS REPORT FOR TAE RICE CREEK DAM AND NEEDED IMPROVEMENT:
The Crty Engineer saa.d that he has observed the physical condition of the dam
and took some pictures which he presented to the Council, The dam is a box
culvert under the old Anoka - Cuyuna Railroad tracks that is being used as
a dam. There are some cracks within the walls of the dam and some of the
beams are exposed. There is serious damage on the east and west side wing
walls. On the down stream side the sides are eaten away. On the up stream
side there are cracks in the winq walls. He proposed a three step approach.
First where the deficiencYes were noted, the cracks could be sealed temporarily
so no further damage is done. Secondly next summer thexe would have to be some
re�uvenating done on the stxucture. The minimum work should be done yet this
fall to el�.minate further deterioration. He used visual aids on the overhead
pro�ector to present the plans for the complete re�uvenation. The dam has a
present capacity of about 250 C.F.S. as it is beang used. The capacity under
Idniversity Avenue to ahout 1200 C.F.S. The flow will be constantly increasing,
even now there is a danger of flash floods. The people should be made aware
that there must be a solution to the problem. In synopsis, he said that first
there must be immediate temporary repair. Secondly there should be some work
done toward maintenance and re�uuenatzon of the structure, and thzrdly, the
capacity should be expanded to take care of the future flow estimates. The
re�uvenation work necessary would cost in the neighborhood of $5,000 to fill in
the cracks and repair the damage so that it does not deteriorate further. To
increase the capacity of the dam under the first proposal, the cost would be in
the neighborhood of about $55,000 to go into the lake and provide additiona.t
capacity. The second proposal would be about $15,D00 to open the side of the
dam and provide additional overflow crest areas. There has to be good control
over the dam so the water does not run over the dam.
Councilman Breider asked how the control would be, by gates? The Caty Engineer
said that there would be a gate at the bottom of the dam that could be opened
or closed. This would control the flow and allow the sedunent to be washed out.
Councilman Breider asked if there was any Federal funding available. The City
Engineer said that it is possible, there would be a lot of paper work involved.
He said that he would explore the possabilrty oF getting State an$ Federal
funding.
Councilman Breider asked if there was a pro7ected date for the dam improvement
pro7ect. The City Engineer said that this would depend on the Rice Creek
Watershed formation. The areas to the east will be developed as time goes by.
He said that the dam should be care£ully operated and the gates should be
watched more closely to eliminate the possibility of washing out.
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REGULAR COUNCIL MEETING OE DECEMSER 7, 1970
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� A member of the audience said that the people have been controlling the level
of the water. The City Engineer said that he thought that the 1eve1 should
be lowered more than it has been during heavy rains. The visitor asked what
about East River Road. The City Engineer said that the culve.e't under East
River Road and the railroad tracks have a capacity of close to 1200 C.F.S.
and are designed for a 100 year flood. �
Councilman Harris said that not only must the Council consider Lc�cke Lake but
also all of Rice Creek itself. The area back of the dam would collect sediment
and it would drop right below the upstream side of the dam. The movement of
the water would be back against the wing wall. The City Engineer said that
obviously the cheaper plan costing $15,000 does have some problems attached
to it. He said that the Council should start thinking about what should be
done eaentually.
Mayor Rirkham said that he would like to put o£f any extensive plans. Rice
Creek Association will be becominq larger and more active and there would be
more people participating. The City Engineer said that the repair work should
be done before next spring.
A visitor to the meeting asked if the Council would agree that the people
continue to control the level. The City Enga.neer said that they could leave
this to the people to operate with closer cooperation wath the City. The
visitor said that he could start circulating a paper amoi�g the Locke Lake
' people. The people will continue to maintain the level and will ask the City
for help if needed. The City Engineer said that the cooperation of the
residents is needed.
MOTION by Councilman Harris to instruct the City Engineer to proceed with the
immediate temporary repair of Locke Lake Dam, and to set a public hearing for
February to apprise the people of the situation. Seconded by Councilman
Breider. Upon a voice vote, all voting aye, Mayor Ka.rkham declared the
motion carried unanimously.
DISCUSSION REGARDING REVISED SAFETY AND ROAD IMPROVEMENTS OF EAST RIVER ROAD:
ST. 1971-3:
The City Engineer said that the improvement hearing has been held for the
improvement of East River Road. Safety was the ma7or concern and the people
showed some concern ovex the location of the signals. The general concensus
of the people in the area was that they wanted an additional signal to be
provided in the overall improvement. He said that he has met with School
District #14 since the hearing, and after that he attended a Road and Bridge
Committee Meeting of the Anoka County Highways. He showed a map on the screen
and pointed out where the signals ase proposed. Now the proposal is for two
signals instead of one. There is one provided for Georgetown, LaMaur and
Downing Box, and one at 61st Avenue where the present school crossing is.
There is a service road hooking onto 59§ Way and one at Riversedge Way to the
signals- This may mean the taking of one home. There is a pedestrian
' walkway connecting Riverview Terxace to Rivers�dge Way, so the school children
will walk along the back streets to school rather than on East R.iver Road.
He said that he is now asking fox approval of this plan unless the Council
has some ob7ection. Then there will have to be another informal public
hearing to apprise the people of the change in plans.
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REGULAR COUNCIL MEETING OF DECEMBER 7, 1970
PAGE 9
Councilman Harris said that there was no question in his mind that this is a �
better plan. He thought that this is what they had in mind originally. This
would minimize the work necessary especially an the east side. He thought that
this plan was most acceptable.
Mr. Dick Harris asked if there were going to be sidewalks on Riverview
Terrace. The City Engineer said that the school children would have to walk
in the street. There is a low volume of traffic. Then there would be a walk-
way put in to tie Riverview Terrace to Riversedge Way to the south. He
pointed out that there is not enough right of way along Riverview Terrace to
put in sidewalks and the volume of foot traffic will not be that great. Mr.
Harris asked if it would be blacktop. The City Enga.neer said that he hoped that
it would be concrete sidewalks. Mr. xarris said that he felt that this is a
better plan. The City Engineer wanted to point out that this plan will mean
taking one home that was not taken with the previous plan. Councilman
Sheridan said that this plan means taking a lot less total acreage. Councilman
Harris said that there was also a lot less road to construct. The City Engineer
said that this plan is presented as a compromise. The County wa.11 have to
hold another public hearing because of the change in plans. He suggested a
combined hearing with the County January llth. He added that this plan is the
result o£ many meetings. The County has not officially accepted this plan.
MOTION Hy Councilman Harris to approve the plan as presented December 7, 1970
and set the Public Aearing for Sanuary 11, 197I, and instruct that the notices
be sent out to the people. Seconded by Councilman Sheridan. Upon a voice '
dote, all voting aye, Mayor Kixkham declared the motion carried unanimously.
RECEIVING THE MINUTES OF THE PLANNING COMMSSSION MEETING OF NOVEMBER 18� 1970:
AND
RECEIVING CONIMUNICATION FROM FIVE SANDS REQUESTING THE COQNCIL TO TABLE
CONSIDERATION OF THEIR PROPOSED PRELIMINARY PLAT:
The City Engineer said that the Planning Commissa.on considered three rtems.
The first item, Five Sands plaf., has been withdrawn by the applicant, so the
action would be to receive the letter.
MOTION by Councilman Liebl to receive the communication fYOm Five Sands
withdrawing their request for action on their preliminary plat dated
November 24, 1970. Seconded by Councilman Breider. Upon a voice vote,all
voting aye, Mayor Kirkham declared the motion carried unan.i�hously.
The City Engineer said that the other two items are still being considered by
the Planning Commission.
MOTiON by Counmlman Breider to receive the Minutes of the Planning Commission
Meeting of November 18, 1970. Seconded by Councilman Liebl. Upon a voice vote,
all voting aye, Mayor Kirkham declared the motion carried unanimously.
RECEIVING THE MINUTES OF THE BUILDSNG STANDARDS - DESIGN CONTROL MEETING OF '
DECEMBER 3, 1970:
REGULAR COUNCIL MEETING OF DECEMBER 7, 1970
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PAGE 10
� 1. CONSIDERATION OF A REQUEST TQ CDNSTRUCT AN ADDITION TO THE EXISTING UNITY
HOSPITAL TO BE LOCATED AT 55D OSBORNE ROAD, FRIDLEY, MINNESOTA, THE LEGAL
DESCRSPTION IN THE BUILDING INSPECTION OFFICES. (REQUEST BY WITCHER
CONSTRUCTION COMPANY, 400 SECOND AVENUE SOUTH, MINNEAPOLIS, MINNESOTA
55401):
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The City Engineer said that this request is for an addition to Unity Hospital.
He then showed the plans at the Council table, and there was some discussion
while looking at the plans. He said that there are some problems with sanitary
sewer and draa.nage. There is also some concern al�out the landscaping and
parking. This would be the second stage. The first stage is a new west wing
and an addition to the boiler room. Mr. Richard Harris said that they did not
have the plans for the second stage as yet.
Councilman Breider said that there was a ba.g sand pile and next spring it wa.11
be blowing about. He said that it should be watered to keep the dust down.
Councilman Harris asked how much additional parking there would be. The City
Engineer said that there would be plenty nf parking. Councilman Harris said
that the building would come close to Lyric Lane. He suggested trying to work
out the traffic pattern so that the traffic would be coming out on Osborne
Road rather than Lyric Lane. He did not think that Lyric Lane should have to
bear additional traffic. Mayor Kirkham said that the plans show parking in the
back as only employee parking. The City Engineer said that they are expanding
from 150 bed to 500 beds. He then showed an elevation of the building. He
said f.hat he could see no problems with the building, his only concern would
be on the landscaping and parking.
MOTION by Councilman Sheridan to concur with the Building Standards - Design
Control Subcommittee. Seconded by Councilman Breider with the comment that
he wanted to see that the sand is prevented from blowing. Upon a voice vote,
all voting aye, Mayor Kirkham declared the motion carried unanimously.
2. CONSIDERATION OF A REOUEST TO APPROVE THE CONCEPT OF A P.RELIMINARY PLAN
LOTS, THE SAME BEING 5950 �1NNA AVENUE N.E., FRIDLEY, MINNESOTA.
BY NEW CONCEPTS RESEARCH CORP.
MINNESOTA 55419):
1811 UNIVERSITY AVENUE N.E
MINNEAPOLIS
The City Engineer said that the Building Standards - Design Control approved
the concept for a townhouse development. He said that it is iocated just north
of the Georgetown apartments and showed the location on the screen. The
proposal is to build 56 townhouses in this area. It is properly zoned R-3 and
they meet the zoning requirements. There is a single access and every unit
would have a fence and a small yard. He then showed the elevation. They are
three level units, the kitchen and living room is on the main floor with
bedrooms on the upper level and each unit has their own basement. There could be
a bedroom in the basement although it would be only partly finished. He felt
that this would provide an additional choice in the type of housing in the City
of Fridley. There are parking spaces in the center, and plans to perhaps put
in garages eventually.
Councilman Harris asked how many parking spaces. The City Engineer said 131.
Councilman Breider asked if they would be sold to individual owners. The
City Engineer said that they could be sold, but would be under 7oint maintenance.
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REGULAR COUNCIL MEETING OF DECEMBER 7, 1970 PAGE 11
Each renter could have the option to buy. There would have to be a maintenance �
agreement.
Mr. Emil Novak said that at first their plan was for a high rise but they were
not able to get the financing, so they changed their concept to townhouses. It
is under F.H.A. financing. There is some flexibility in that they can be
bought. Councilman Harris questioned how a townhouse could be bought in respect
to the garages or parking spaces. Would they be assigned? How do you
guarantee a parking space� Mr. Novak said that the garages would fall under
the maintenance agreement. He added that they have no plans to sell the complex.
He said that they would be in the nature of fourplexes except that there would
be no one living up or down from them. Each unit would have a separate entrance.
Councilman Harris asked what size the units were. Mr. Hoffineyer said they would
be 1563 square feet.
Councilman Liebl asked how much was the investment per unit. Mr. Novak said
about $20,000 per unit. The rent would be about $275 and each unit would be
completely self contained. Councilman Liebl asked Mr. Richard Harris (Building
Board) why garages were not requested. This would be a heavily populated area
and would be a burden on the roads. Mr. Richard Harris said that they only
requested approval of the concept. This was needed for financing purposes.
(�rages were not mentioned. He added that the City Engineer was at the Meeting
and he specifically asked him if there would be any problem with the traffic and
the City Engineer did not feel that there would be any more than was expected '
for this parcel. Mr. Hoffineyer said that the units would front on Psina
Avenue and would have Charles Street for exit.
Councilman Liebl said that the Council has always required garages. He
throught that other town houses have garages. NLr. Hoffineyer said that there
was a development like this in New Brighton. He added that they have a
£inancial program and they have to stay within certain limits for F.H.A.
financing. He said that he was not sure whether garages would be feasible at
this point. Councilman Liebl asked i£ they comply wrth the F.H.A. criteria or
are they higher. Mr. Hoffineyer said that they have more green area than is
required, and the ingress has been made wider. He pointed out that they were
only asking for concept approval. Councilman Harris felt that the access road
should be wider than 26 feet. There is no place to turn around without baoking
up.
Mr. Hoffineyer said that the first floor and the upstairs would be finished but
he was not sure if they would finish the lower area. This could be made into
a den, extra bedroom etc. He said that the living room would be 12' X 17' and
the main bedroom would be 12' X 17'. There would be a 9'�' X 10' eating area and
an 8 square foot kitchen. Councilman Harris said that they would have to have
stairs both up and down within the unit. Mr. Hoffineyer said that there would
be 440 square feet on the first floor without the stairs. He pointed out that in
a rambler type home there has to be a corridor. They 7ust have a stairway
rather than a corridor. Councilman Harris asked if the 18' X 27' were outside
measurements. Mr. Hoffineyer said that they were inside measurements.
Mr. Novak said that if they can finish the basements they wi11, but he was not
sure at this point. He said that they wanted to do this pro�ect right.
Councilman Harris asked what if the Council felt that the lower level should be
finished. Mr. Hoffineyer said that it could be done. There has to be a
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REGULAR COUNCIL MEETING OF DECEMBER 7, 1970
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balance between the cost and the rental. Counca.lman Harris said that the concept
has merit, and that the City does not have anything like this. Mayor Kirkham
questioned if they could sell a unit without a garage. Mr. Hoffineyer said that
there is a possibility of garages at a later date. He pointed out that this plan
takes full advantage of the river as the buildings are on a different level. He
said that if it can be done within their budget, they will construct garages.
There would have to be 56. Councilman Breider said that he did not see how you
could dole out parking spaces with the sale of a unrt. Councilman Harris said
that it would have to be part of a conveyance for a parka.ng stall and a
garage. Mr. Novak said that assuming there were garages, the balance of the
parking area would be community area and would come under the maintenance
agreement. Parking spaces could be assigned. The City Attorney said normally
if they are sold there would be formed a management cooperation, and they would
have a rotating committee. This committee would then have charge of snow
removal etc., and control of all common areas. The committee could assign a
parking space like an easement. This is being done where there is common open
space. An example is Pemtom and there is a carefully worked out green area.
Councilman Harris asked why not put in attached garages for each una.t. Mr.
Hoffineyer said that this would take a good deal of space, more so than putting
them in the center. He said that there was a 10' green strip tnrough the center.
The land slopes toward the river and he wanted to util�ze this slope. He added
that the 56 una.ts is four less than allowed. He said that if there is mare
parking needed, it could be arranged. He said that they would try to finish the
basements. On a flat terrain this plan would �zot be an interesting pro�ect, but
he felt that the slope would make it much more attractive.
Councilman Breider questioned if the third basement bedroom was finished off,
would it still be within the Ordinance� Councilman Harris said that he liked the
concept. He pointed out that with a separate entrance to the basement, it would
open up problems such as leasing out the thLxd bedroom to college students,
running a small business from there etc.
Councilman Liebl said that if, at this time, the Council approved the concept,
he said he was going to be rough in regard to the plans and specifications.
He felt that the plans should include garages. He wanted high quality con-
struction. He said that he could see the problem inherent in this plan as
Councilman Harris pointed out. He said that they may have to cut down on the
number of units to get the garages. The City has updated their building code
within the last few years for improved structures within the City of Fridley.
MOTION by Councilman Harris to approve the concept shown tonight, and commented
that concept approval does not necessaxily imply that the Council will approve
the plan as presented tonight. Seconded by Councilman Liebl. Upon a voice vote,
Sheridan, Liebl, Harris, and Breider voting aye, Kirkham voting nay, Mayor
Kirkham declared the motion carried.
Mr. Hoffineyer said that he wanted to emphasize that he was not sure as yet what
they will do in regard to the basement and garages, hi5 statements this evening
are only what they will try to do. Councilman Harris saa.d that the Council has
' offered no guarantee that the plan will be approved.
Councilman Harris suggested that the City Attorney look over the Ordinance to
see if there should be some amendment covering a mimmum square footage on the
ground floor for a development that has floors above and below.
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REGULAR COUNCIL MEETING OF DECEMSER 7, 1970
PAGE 13
3. CONSIDERATION OF A REQUEST TO CONSTRUCT A DAYTIME ACTIVITIES CENTER TO ,
BE LOCATED ON LOTS 19, 20, AND 21, SLOCK 3, OAK GROVE ADDITION� THE SAMF
BEING 6633 ARTHUR STREET, FRIDLEY, MINNESOTA. (REQUEST BY ANOKA COUNTY�
ANOKA COUNTY COURT HOUSE, ANOKA, MINNESOTA):
The City Engineer said that this request is for a day care centez requested by
Anoka County. It is east of .Arthur Street near Rice Creek School. It will look
like a house and has a double garage with a paved driveway.
MOTION by Councilman Harris to concur with the Building Standards - Design
Control Subcommittee and grant approval. Seconded by Councilman Sheridan.
Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried
unanimously.
MOTION by Councilman Liebl to waive the general construction permit fees.
Seconded by Councilman Harris. Upon a voice vote, all voting aye, Mayor
Kirkham declared the mota.on carried unanimously,
RECEIVING THE MINUTES OF THE PF1RK5 AND RECAEATION COMMSSSION MEETING OF
NOVEMBER 23, 1970:
The Acting City Manager said that the donation of Lots 1-5, Block Z, Riverview
Heights by Mr. Robert Jaeger has run into a snag. He may be donating it to the
Fridley Saycees. The Acting City Manager said that he and the Director of
Parks and Recreation have been working on a policy for the use of City �
employees working on tournaments etc. AS to the oak wilt disease, the City
Attorney is looking over the Ordinance on Dutch Elm disease to see if it can
be amended to include oak wilt.
MOTION by Councilman Harris to receive the Minutes of the Parks and Recreation
Commission Meeting of November 23, 1970. Seconded by Councilman Breider.
Mr. Richard Harris said that if oak wilt is to be handled like the Dutch
Elm diseased trees, there will be the same problem with burning or disposing
of the trees. Councilman Harris said that there would have to be a special
permit given. Mr. Dick Harris wondered if there was anyone qualified in the City
to recognize oak wilt. The Acting City Manager said that samples of Dutch Elm
disease have been sent into the University for analysis. Mr. Harris asked
if they charge a fee and the Acting City Manager said yes. Mayor Kirkham
commented that he felt that the City of Fridley had the best weed control in
the Metropolitan area.
THE VOTE upon the mota.on, beinq a voice vote, all voting aye, Mayor Kirkham
declared the motion carried unanimously.
RECEIVING REPORT FROM CITY A'PTORNEY ON FLAG ORDINANCE:
Mayor Kirkham read a letter aloud received from the City Attorney dated
December 7, 1970. It included a suggestion for amending the Ordinance by
inserting the following paragraph in place of thA one presently in affect: '
"No person shall display or carry any flag, banner, ensign or symbols of
any government, state, country or political force with which the United
States of American is engaged in an armed conflict with the intent to
cause a breach of peace."
REGULAR COUNCIL MEETING OF DECEMBER 7, 1970
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PAGE 14
' Mayor Kirkham said that he would agree with the recommendation of the City
Attorney. If the Council agrees there could be an amended second reading of
the Ordinance. This revision includes the wordage concerning the breach of
the peace. He felt that this was the original intent.
Councilman Harris said �hat he felt that the action of the Council in getting
a written recommendation by the City Attorney was the correct thing to do.
MOTION by Councilman Harris to adopt Ordinance #468 on amended second reading
as suggested by the City Attorney and order publication. Seconded by Council-
man Sheridan.
Councilman LieYal said that the Council has not had the opportunity to study
this. The City Attorney included cases that have gone to the higher courts and
this is pages long. He said he would appreciate an opportunity to study this
before action. He said that it seemed that the rewording took the uncon-
stitutzonality out of the Ordinance. Councilman Harris saa.d that the Crty
Attorney has prepared a report 13 pages long and Councilman Liebl is correct
in askzng for further study. He said that he must respect the grounds upon
which Councilman Liebl voted against the Ordinance at the two prior readings.
Mr. John Hessler, Volunteer Attorney for the Minnesota Civil Liberties Union,
was present and said that he was asked by the MCLU to come be£ore the Council to
speak on the Ordinance. He said that the City Attorney has gone to the heart of
' the problems concerning the unconstitutionality of the Ordinance and seems to
have solved this unwieldy segment of the Ordinance. He said that he thought
that the Council should give some thought to whether this Ordinance is really
necessary. This legislative body should try to avoid language of questionable
constitutionality, and try not to push too hard. Another factor in considering
this Ordinance is 7ust who they are trying to protect and what is it trying to
accomplish? As amended it seems clear that you are trying to prevent a breach
of the peace. He questioned if this Ordinance is really necessary then.
There are already statutes concerning the breach of the peace that he felt were
adequate. It appears that the Council is trying to encourage patriotism, but
patriotism cannot be legislated, �ust encouraged. He said that he suspected
that there may be trouble if this legislation is passed. Patriotism is not
susceptable to legislative generation, and the Ca.ty a.s asking for trouble.
Is the goal to squelch obnoxious expressions? He said that they should ask
themselves if this is really the goal. To fly a Viet Cong flag may be an
obnoxious expression, but it is still a view that people could hold. This
country is not so delicate that it need fear conflictinc views. He said that
the Council must not let the emotion of the day allow them to sweep away
freedom of expressa.on. A fuial factor would be the cost of upholding this
Ordinance, and the City may be biting off more than it can chew. Is it
possible to really identify intent� Who are we in armed conflict with? Cases
may go to the Minnesota Supreme Court of the U.S. Supreme Court. The City
would have to spend money on 1ega1 £ees to defend their statute. This, he felt,
was ill advised. He felt that this Ordinance would attract young people into
this area �ust to test it in court, and that it would be challenged. He
� questioned agaa.n is this Ordinance really necessary and is it doing anything
more than what could now be accomplished under the existing laws. If a flag
is taken down from a flag pole, the offenders could be prosecuted for
trespassing.
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REGOLAR COUNCIL MEETING OF DECEMBER 7, 1970
PAGE 15
Mayor Kirkham said that the Council did not need the Minnesota Civil Liberties '
Union to suggest any of these questions. They have already been raised. As
to if it is necessary, he thought it was. The Ordinance is tzying to avoid a
similar type of incident that happened in Minneapolis last July. He felt that
the Ordinance would make the work of the Police Department easier and they could
better enforce the law. It would be unlawful to fly a Viet Cong flag if the
a.ntent was a breach of the peace. He said that the City Attorney's comments
were very good and he appreciated them. This Ordinance does exactly what he
would like to see done in Fridley.
Councilman Breider said that he must agree with Mr. Hessler of the Minnesota
Civil Liberties Union. He felt that the present laws can be enforced if there
was an i.ncident. He would not like to see a disturbance createcl to the extent
of a breach of the peace. Considering the possible cast, he said that he would
still have to vote no.
The City Attorney said that the Ordinance still contains the phrase about armed
conflict, but it would have to be proven that there was intent to cause a
breach of the peace. It would be allowable to fly a Viet Cong flag £or
peaceful purposes. Under the original phrasing it would be a violation to
use for peaceful purposes such as a class discussion in school. Councilman
Liebl asked if the City Attorney felt that by giving this statute to our
Police Departinent would that help or assist in making zt easier for them to get
people intent on causing a breach of the peace. The Czty Attorney said that he
did not know. Originally he agreed with Councilman Breider, but the Ordinance �
passed by the ma�ority of the Council so it was felt by them that they wanted
something that would stand up and this is what he tried to provide. This is why
this memorandum was prepared. He felt that with this amendment it would change
it enough so that it would be constitutional. In his opinion, it would be
upheld in court. Councilman Breider felt that this was creating a more
complica�ed Ordinance. Mayor Kirkham said that this more closely defines a
breach of the peace. If some young people were carrying a Viet Cong flag and
it was ob�ected to, it would be a breach of the peace. Councilman Breider
wondered if it was the responsibility of the Council to define a breach of the
peace. What would constitute a breach of the peace? He felt that a breach of
the peace could be enforced under existing laws. Ma.yox Kirkham wondered why
Councilmen Breider and Liebl are trying so hard to find reasons for not passing
on this Ordinance. Why not defend patriotic people rather than the unsavory
elements. Councilman Breider said that he flies the American flag and would
ob�ect a.f someone took it down but he would prosecute under the existing laws.
Councilman Harris said that this City has been a leader among the communities in
other areas such as air pollution and weed control. It is easy to fault this
community for coming up with something new. He felt that Fridley should not let
this chance go by �ust because our neighbors did not have anything on the books
like it. He felt that Fridley should take the position of leadership and not
take a back seat. There is a chance that it will be chal?enged, but Fridley
has been challenged beFore. He said that he had no misgivings if they should
be challenged. The City Attorney has advised the Council that they have a
better than 50 - 50 chance of being upheld. '
UPON A ROLL CALL VOTE, Harris, Sheridan, Kirkham and Liebl voting aye, Breider
votinq nay, Mayor Kirkham declared the motion carried.
REGULAR COUNCIL MEETING OF DECEMBER 7� 1970
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PAGE 16
' Councilman Liebl said that he wanted to point out that no member of the Council
asked Mr. Labock or N1r. Hessler to appear, and they came of their own volition.
He said that he felt that persons should be allowed to carry a flag for
peaceful reasons, such as for a school discussion. Thzs is what democracy
stands for. He felt that this Ordinance is workable as amended and that it
is acceptable. Councilman Harris said Thank You to Mr. Labock and Mr. Hessler
for their interest and appearing before the Council.
RECEIVING HUMAN RELATIONS COMMITTEE SURVEY STATISTICS AND RECOMMENDATIDNS:
Councilman Harris questioned who makes the 7udgments on what the questionnaire
really means. Mayor Kirkham said that it seems that it would depend on who is
doing the interpreting. Council7nan Harris said that it would take some time to
look into this questionnaire, and there cannot be a quick 7udgment made on their
survey report. Councilman Sheridan said that Item #4 concerning scholorships
is not something that the Council could get into.
Mr. Jim Thomson said that the members of the Human Relations Committee should
take some position in the community. They want to motivate people to take some
active roll and make people aware of the need. The minorities would also
include economic minorities. He said that the general recommendations are not
listed in any priority, it is 7ust a listing of the possible fields of activity.
Ae explained that these are things that the Human Relations are considexing
going into. Councilman Sheridan asked if he wanted Council authority to act.
� Mr. Thomson said yes, they wanted to see what approach to use and establish
some priorities.
Councilman Breider said that he attended a Human Relations Meeting along with
Councilman Harris. He would be very much in favor a e continued program by the
Human Relations Committee.
Councilman Harris said that Item #3 (Through education of the community, resnove
the fear of decreasing property values when minorities move into an area) could
become a very hot emotional issue and should be handled carefully or it could
hinder the communrty. There could be an increase in fear, 7ust by trying to
remove it.
Mr Thomson said that through Item #2 (Sponsor a Human Relations sema.nar to
bring about greater understanding of the sub�ect and what it encompasses)
they hoped to see if they could not build some sort of a theme to work on.
Councilman Liebl said that when reading the 14 questions there seems to be a lot
of hypocrisy and some of the answers are a paradox. Mr. Thomson said that there
did seem to be some contradictions. He agreed that it was not the most
perfect survey, but they did feel that they had something to develop. They
wanted to find out what sort of areas to try to contribute to the community.
Councilman Liebl asked if he felt that they should be more progressive in the
community and Mr. Thomson said yes.
' MOTION by Councilman Harris to receive the Human Relations Committee survey
statistics and recommendations and ask that they return to the Council £or
Council review before launching any pro�ect. Seconded by Councilman Liebl.
Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried
mzanimous ly ,
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R�GULAR COUNCIL MEETING OE DECEMBER 7, 1970 PAGE 17
RECEIVING PUBLIC HEALTH SANITARIAN ACTIVITY REPOR� FOR THIRD QUARTER OF 1970: '
MOTION by Councilman Liebl to receive the Public Health SanitaYian activity
report for the third quarter of 1970, Seconded by Councilman Sheridan. Upon
a voice vote, there being no nays, Mayor Kirkham declared the motion carried
unanimously.
CONSIDERASION OF APPROVAL OF CHANGE ORDER #l, MEADOWLANDS PARK STORM SEWER
PROJECT #P-10:
MOTION by Councilman Sheridan to approve the Change Order #1 for Meadowlands
Park Storm Sewer Pro7ect #P-10. Seconded by Councilman Liebl. Upon a voice
vote, all voting aye, Mayor Kirkham declared the motion carried unanimously.
CONSIDERATION OF ACCEPTANCE OF WATER, SANITARY 5EWER AND STORM SEWER UTILITIES
IN HEATHER HILL PLAT:
MOTION by Councilman Harris to accept the utilities subject to filing a
maintenance bond or money in escrow for the street construction. Secondeci
by Councilman Sheridan. Upon a voice vote, all voting aye, Mayor Kirkham
declared the motion carried unanimously.
RECEIVING PETITION NO. 19-1970 - REQUESTING SHAT SIQON7MOBILES BE REGULATED:
MOTION by Councilman Breider to receive Petrtion No. 19-1970. Seconded by �
Councilman Liebl. Upon a voice vote, all voting aye, Mayor Kirkham declared
the motion carriecl unanimously.
Councilman Sheridan said that generally people signing a petition are 21
years or older. In this case there were some children signing. Mr. William
Ho1m, 7424 Melody Drive N.E. said that 5 children signed the petition. He
said that it was unportant for the Council to realize how strong this petition
is. 800 of the people approached signed the petition. Mayor Kirkham said that
it is a question whether the City can adopt a stronger ordinance according to
the State Statutes. Mr. Holm said that they were not permitted in Minneapolis,
so there must be some way. At present the priviledge is being badly abused.
Mayor Kirkham said that previously the regulations wexe more stxingent, but
they had to be loosened because of the State Statutes.
The City Attorney said that he would research Minneapolis' Ordinance and make
a report. Mr. Holm felt that snowmobiles should be 1lmited to going on the
streets only for going to and from open spaces. They beaome a nuisance and a
safety hazard. He said he was concerned about the safety pf the snowmobile
drivers also. Councilman Harris said that 'he recognized that there was more
and more opposition to the aperation of snowmobiles and the City in accepting
this petition must realize that a substantial amount of people do not want
snowmobiles on the City streets. There should be some control to eliminate the
safety hazard.
Councilman Breider suggested getting some comments from the snowmobile '
organizations. The City Attorney said that the legality of the existing
legislation should be reviewed.
REGULAR COUNCIL MEETING OF DECEMBER 7, 1970
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PAGE 18
, Councilman Harris asked Mr. Holm for suggestions, Mr. Holm said that it seemed
to him there could be an Ordinance established that would be workable.
Something should be done to correct the problem. He was looking for something
that the Police Department can control. Councilman Harris said that if the
driver is under 14 there is now control. Councilman Liebl said that there
may be something done in the next Legislative session. Mr. Holm said that there
was a long winter ahead u+ith a lot of problems unless there is some control.
Councilman Harris said that he also found the noise ob7ectional�le. Tf they are
restricted from using snowmobiles on the streets, they will be going through the
yaxds. The City Attorney suggested that there could be a 10 MPH limit to help
with the safety factor.
MOTION by Councilman Liebl to instruct the City Attoxney to look into �rdinances
of other communities. Seconded by Councilman Harris. Upon a voice vote, all
voting aye, Mayor Kirkham declared the motion carried unanimously.
VISTTOR: BURLINGTON NORTHERN:
A visitor to the Meeta.ng said that he missed the Meeting when the discussion
with the Burlington Northern Railroad was held. He said that he was an
employee of the railroad and has seen the maintenance of the yards. In
Minneapolis the yards are rampant with rats and little if anything is done for
control. He felt that if Burlington Northexn will be locating in Fridley,
there should be some sort of maintenance to prevent this from happening in
� Fridley. He did not want to see a health hazard moving into the City of Fridley.
The City Attorney said that the City has a very ambitious Health Sanitarian and
he would follow up on any problems of this nature. Councilman Harris said
Thank You to the gentleman and asked him to call the Mayor ar Acting City
Managex if he had other suggestions to offer. He felt that this was a valid
question raised.
CONSIDERATION OF PAYMENT TO MOUNDSVIEW EOR WATERLINE WNNECTION FOR EMERGENCY
PURPOSES AS PER AGREEMENT:
MOTION by Councilman Sheridan to approve payment to Moundsview for the waterline
connection for emergency purposes in the amount of $851.58. Seconded by
Councilman Liebl. Upon a voice vote, all voting aye, Mayor Kirkham declared
the motion carried unanimously.
RESOLUTION #216-1970 - A RESOLUTION REQUESTSNG MINNESOTA HIGHWAY DEPARTMENT
FOR APPROVAL OF DETACHMENT OF T.H. #47 SERVICE ROADS AT 615T AVENUE AND 57TH
AVENUE AS AN ADVANCED T.O.P.I.C.S. PROJECT:
MOTION by Councilman Liebl to adopt Resolution #216-1970. Seconded by Council-
man Harris. Upon a voice vote, all ayes, Mayor Kirkham declared the motion
carried unanimously.
RESOLUTIOSS �217-197D - A RESOLUTION REGARDING THE HOLDIDSG OF CERTAIN TAX FORFEIT
LOTS FOR CITY PURPOSES:
, MOTION by Councilman Sheridan to adopt Resolution #z17-1970. Seconded by
Councilman Harris. Upon a voice vote, all voting aye, Mayor Kirkham declared
the motion carried unanimously.
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REGOLAR COUNCIT, MEETING OF DECEMBER 7, 1970 PAGE 19
RESOLUTION #218-1970 - A RESOLUTION AUTHORIZING APPLICATION FOR REIMBURSEMENT ,
FUNDS POR 1969 FLOOD:
MOTION by Councilman Harris to adopt Resolution #218-1970. Seconded by
Councilman Sheridan. IIpon a voice vote, all voting aye, Mayor Kirkham
declared the motiom_ �rried unanimously.
RESOLUTION #219-1970 - A RESOLUTION pRDERSNG PRELIMINARY PLANS, SPECIFICATIONS
AND ESTZMATES OF THE COSTS THEREOF: STREET IMPROVEMENT PROJECT ST. 1970-3
ADDENDUM #1 (SIDEWAIICS):
MOTION by Councilman Liebl to adopt Resolution #219-1970. Seconded by
Councilman Sheridan. Upon a voice vote, all voting aye, Mayor Kirkham
declared the motion carried unanimously.
RESOLUTION #220-1970 - A RESOLUTION RECEIVING TAE PRELIMINARY REPORT AND
CALLING A PUBLTC HEARING ON THE MATTER OF THE CONSTRUCTION OF CERTAIN
IMPROVEMENSS: STREET IMPROVEMENT PROJECT ST. 1970-3, ADDENDUM #1, SIDEWALI
MOTION by Councilman Harris to adopt Resolution #220-1970. Seconded by
Councilman Liebl. Upon a voice vote, all voting ay�y Magor Kirkham declared
the motion carried unanimously.
RESOLUTION #221-1970 - A RESOLUTIDN ORDERING PRELIMINARY PLANS, SPECIFICATIONS,
AND ESTIMATES OF THE COSTS THEREOF• STREET IMPROVEMENT PROJECT ST. 1971-1
(ADDENDUM #1): �
MOTION by Councilman Liebl to adopt Resolution #221-1970. Seconded by
Councilman Sheridan. Upon a voice vote, all voting aye, Mayo.r Kirkham
declared the motion carried unanimously.
RESOLIITION #222-1970 - A RESOLUTION RECEIVING THE PRELIMINARY REPORT AND
CALLING A PUBLIC HEARING ON THE MATTER OF THE CONSTRUCTSON OF CERTAIN IMPROVE-
MENTS: STREET IMPROVEMENT PROJECT ST. 1971 -(ADDENDUM #1):
MOTION by Councilman Ziebl to adopt Resolution #222-1970. Seconded by
Councilman Sheridan. Upon a voice vote, all voting aye, Mayor Kirkham
declared the motion carried unanimously.
RESOLUTION #223-I970 - A RESOLUTION CERTIFYING CHARGES TO THE COUNTY AUDITOR
TO BE LEVIED AGAINST CERTAIN pROPERTIES FOR COLLECTIQN WITH THE TAXES
PAYABLE IN 1971:
MOTION by Councilman Liebl to adopt Resolution #223-1970. Seconded by
Councilman Sheridan. Upon a voice vote, all voting aye, Mayor Kirkham
declared the motion carried unanimously.
RESOLUTION #224-1970 - A RESOLU7.'ION AUTHORIZING AND DIRECTING THE CO➢
OF SPECIAL ASSESSMENTS ON LOTS 22 AND 23, BZOCK 2, ONAWAY ADDITION:
MOTION by Councilman Liebl to adopt Resolution #224-1970. Seconded by '
Councilman Sheridan. Upon a voice vote, all voting aye, Mayor Kirkham
declared the motion carried unanimously.
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REGULAR COUNCIL MEETING OF DECEMBER 7, 1970
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RESOLUTION #225-1970 - A RESOLUTION AUTHORIZING AND DIRECTING THE COMBINING
OF SPECIAL ASSESSMENTS ON LOTS 24 AND 25, BLOCK 2, ONAWAY ADDITION:
MOTION by Councilman Liebl to adopt Resolution ik225-1970. Seconded by
Councilman Sheridan. Upon a voice vote, all voting aye, Mayor Kirkham
declared the motion carried unanimously.
RESOLUTION #226-1970 - A RESOLUTION AUTAORIZING AND DIRECTING THE SPLITTING
OF SPECIAL ASSESSMENTS ON LOT 20, PARCEL 150D, AUDITOR'S SUBDIVISION NO. 129:
MOTION by Councilman Liebl to adopt Resolution #226-1970. Seconded by
Councilman Shera.dan. Upon a voice vote, all voting aye, Mayor Kirkham
declared the motion carried.
RESOLUTION #227-1970 - A RESOLUTION AUTHORIZING AND DIRECTING THE SPLITTING
OF SPECIAL ASSESSMENTS ON NORTH 100 FEET OF LOT 8C, AUDITOR'S SUBDIVISION NO.
21, AND COMBINING LOT 8A, NORTH 100 EEET OF LOT 8B, AND EAST 12 FEET OF NORTH
100 FEET OF LOT 8C, AUDITOR'S SUBDIVISION NO. 21:
MOTION by Councilman La.ebl to adopt Resolution #227-1970. Seconded by
Councilman Sheridan. Upon a wice vote, a11 voting aye, Mayor Kirkham
declared the motion carried unanimously.
APPOINTMENTS TO THE PUBLIC WORKS DEPARTMENT:
Name
Stanley Peterson
Richard J. Cameron
Position Salary & Effective Date Replaces
Laborer
Street Dept
Laborer
Street Dept
$658.00 per month
November 23, 1970
$658.00 per month
December 7, 1970
5tephen
Thorstad
Warren
Marsyla
MOTION by Councilman Liebl to approve the appointments as recommended by the
Administration. Seconded by Councilman Harris. Upon a voice vote, all
voting aye,Mayor Kirkham declared the motion •��rried unanimously.
APPOINTMENT TO FTRE DEPARTMENT:
Name Position
Gary E. Larson
Richard Larson
Larry Hamer
Ron Schoneman
Full time Firefighter
Volunteer Firefighter
Volunteer Firefighter
Volunteer Pirefighter
MOTION by Councilman Liebl to approve the appointments. Seconded by Councilman
Sheridan. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion
carried unanimously.
APPOINTMENT pF S�RGEANT TO POLICE DEPARTMENT:
Councilman Sheridan asked if this man was recommended by the Police Civil
Service Commission. The Actinq City Manaqer said that he was one of three.
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REGULAR COUNCIL MEETING OF DECEMBER 7� 1970
Councilman Sheridan asked how many wexe eligible, The Acting City Manaqer
saifl that all the patrolmen had a chance to take the test, This man
(Ronald Allard) had the best overall qualities in regard to leadership and
has worked for the department quite a few years longer. Councilman .Liebl
asked if they did not score about 10 points apaz�., and the Acting City
Manager said yes, they did.
PAGE 21
Councilman Harris said that the top three were passed on to the Police
Chief for his recommendation, then to the City Manager, then the City
Manager recommends the appoa.ntment. It is done xn this way to take any
connotata.on of politics out of the Police Departrnent. He said that he
would concur with the recommendation. They are not graded �ust on the test,
7ust because a man got a good grade on the test does not necessaxily mean that
he would be a good administrator. Councilman Breider asked what other
c,rl.teria is used in grading for a promot�.on. The Acting City Manager said
that Nlr. Allard was p,icked because it was felt that he was the best suzted.
Councilman Harris commented that a younger man may have other chances at a
promotion, but the older man may not. The Acting City Manager said this was
true, but it was not the reason for Allard's selection. The qualifications
of the finalists were very even and made the selection difficult. One man
had certain qualities and another man had other qualities. Mr. Allard has
been an investigator on the force for many years. He has handled himself
very well and has many different talents. It was not a clear cut decision,
but took car�ful weighing.
Mayor Kirkham said that a sergeant's 7ob requires leadership qualities. This
should be the decision of the Chief, then passed on to the Acting City
Manager. If the Council does not think the Administration can hire adequately,
they should get an outside evaluation. Councilman Harris said that the Council
cannot become involved in the appointment, other than final approval.
Councilman Liebl called upon Mr. Robert Kelshaw, a mem6er of the audience and
Councilman Elect, for any comments. Mr. Kelshaw said that the City Engineer
gets paid his salary for coming in with recommendations. He puts his neck
on the line every time he does. The Police Chief and Acting City Manager
do the same as their function. They live with this man every day and are in
a position to know, and are equipped to make a �udgment. Why does it come
before the Council? Councilman Harris said that it is stipulated an the
Charter. Mr. Kelshaw said that he would have to go along with the recommendation
of the Administration. They have lived with the man. Councilman Liebl asked
what if the man getting the higher score, but not the job were to take it to
the union. Mr. Kelshaw said that evidently that man scored high on the test
but it was felt he did not have the same leadership qualities.
MOTION by Councilman Harris to concur with the recommendation of the Admin-
istration and appoint Ronald Allard Police Sergeant effective January 1, 1971.
Seconded by Councilman Sheridan. Upon a voice vote, Harris, Breider, Sheridan,
and Kirkham voting aye, Liebl voting nay, Mayor Kirkham declared the motion
carried.
CONSIDERATION OF AMENDMENT TO PUBLIC WORKS UNSON CONTRACT:
MOTION by Councilman Liebl to concur with the Administration and approve the
agreement as outlined yn the memorandum dated December 7, 1970 from the
Acting City Manager. Seconded by Councilman Harris. Upon a voice vote, all
voting aye, Mayor Kirkham declared the motion carried unanimously.
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REGULAR COUNCIL MEETING OF DECEMBER 7, 1970
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RECETVING PETITION #17-1970 FOR IMPROVING 60TH AVENUE, OAKWOOD MANOR, FERNDAZE
AND BENJAMTN.
MOTION by Counci7man Liebl to receive Petition #17-1970. 5econded by Council-
man Harris. Upon a voice vote, all voting aye, Mayor Kirkham declared the
motion carried unanimously.
CLAIMS
MOTION by Councilman Harris to approve for payment General Claun5 #23645
through #23807 and Liquor Claims #5002 through #5085. Seconded by Councilman
Sheridan. Upon a voice vote, all voting aye, Mayor Ka.rkham declared the
motion carried unanimously.
LICENSES:
Vending Machine
Hempel's Spur Service Station
6485 East River Road
Fridley, Minnesota
Holiday Auto Center
57th and University Avenue.
Fridley, Minnesota
Aempel'S Spur Serv�ae Station
6485 East River Road
Fridley, Minnesota
Walt's Apco
7250 Central Avenue N.E.
Fridley, Ma.nnesota
Cigarette
Holiday Au�o Center
57th and University Avenue
Fridley, Minnesota
Christmas Tree Lot
Bob's Produce Ranch
7620 University Avenue
Fridley, Minnesota
1136 73'� Avenue
Fridley, Minnesota
Spartan Atlantic Store
Hwy. #65 and 694
Fridley, Minnesota
Approved By
By: Carroll Hempel Health Inspector
By. Eaglc Industries Health Inspector
By: Gold Medal Beverage Health Inspector
By: Robert Pellow
By. Eagle Industries
By: Bob Schroer
By. Donald Chies
By: Gary Bennett
Health Inspector
Police Chief
Fire Inspector
Bire Snspector
Fire Inspector
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REGULAR COUNCIL MEETING OF DECEMBER 7, 1970
Gas Service
Sassco Incorporated
475 8th Avenue N.W.
New Brighton, Minnesota
General Contractor
Gerald Eich Builders Inc.
2273 Terrace Drive
New Brighton, Minnesota
Mbrk & Associates Inc.
1525 Glenwood Avenue N.
Minneapolis, Minnesota
By: Robert Jusen
By: Gerald Eich
By R.W. Mork
PAGE 23
Approved By
Plvmbing Inspector
Building Inspectox
Building Inspector
L.W. Samuelson Const. Inc.
7800 East River Road
Fridley, Minnesota By: L.W. Samuelson Building Inspector
Acton Constsuction Company, Inc.
Box 394
Hugo, Ma.nnesota By: James Szurer Building Inspector
Kootenia Builders, Inc.
3621 Lancaster Lane North
Minneapolis, Minnesota By: Robert Eibensteiner Building Inspector
Witcher Construction Company
400 Second Avenue South
Minneapolis, Minnesota By: Mr. W�tcher
Heating
Ideal Sheet Metal Inc.
544 Sumittit St. N.E.
Columbia lIeights, Minn
Sassco Incorporated
475 8th Avenue N.W.
New Brighton, Minnesota
By: Robert W. Vaseniur
By: Robert Jusen
Sign �rector
Gold Medal Beverage Company
553 North Fairview Avenue
St. Paul, Minnesota 55104 By: Arthur Margot
Building Inspector
Plumbing Inspector
Plumbing Inspector
Building Inspector
MOTION by Councilman Liebl to approve the foregoa.ng license .applications.
Seconded by Councilman Sheridan. Upon a voice vote, all voting aye, Mayor
Kirkham declared the motion carried unanimously.
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REGULAR COUNCIL MEETING OF DECEMBER 7, 1970
ESTIMATES:
Paxk Construction Company
51 37th Avenue N.E.
Fridley, Minnesota 55421
PARTIAL Estimate #1 for work completed and materials
on hand according to contract, Meadowlands Park Storm Sewer
Fro�ect No. P-1D
Oak Grove Investors,
a partnership and
John M. Hansen
For purchase of part of North Park Axea
State of Minnesota
Department of Highways
St. Paul, Minn. 55101
For mud7acking in Innsbruck Area as per agreement
with State. Project St. 1970-9
Coms�ock & Davis, Inc.
1446 County Road .T
Minneapoli5, Ma.nnesota
For services rendered - Crty of Fridley vs• Riedel
Estate, Anoka County Di5trict Court
Minn-Kota Excavation Co-
Osseo
Minnesota
PARTIAL Estimate #5 for Street Improvement Pro�ect
St. 1970-1
PARTIAL Estimate #4 for Street ImproVement Pro�ect
St. 1970-2
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$ 7,892.82
$66,800.00
$ 1,329.86
$ 300.00
$29,132.43
$ 2,979 30
MOTION by Councilman Harris to approve payment of the estunates as submitted.
The motion was seconded and upon a voice vote, all voting aye, Mayor Kirkham
declared the motion carried unanimously.
COMMUNICATIONS:
A. CHIEF OF POLICE: COMMENDATION OF SHORTY'S TOWING SERVICE
MOTION by Councilman Sheridan to receive the commendation on Shorty's Towing
Service submitted by the Chief of Police dated November 17, 1970, and order
a citation be prepared. Seconded by Councilman Ereider. Upon a voice vote,
all voting aye, Mayor Kirkham declared the mota.on carried unammously.
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REGULAR COUNCIL MEETING OF DECEMSER 7, 1970
B. ACTING CITY MANAGER: PROPOSED EXPLOSSVE ORDINANCE:
PAGE 25
MOTION by Councilman Liebl to receive the memorandum £rom the Acting City
Manager dated December 1, 1970, an�cl the letter from the City Attorney dated
November 23, 1970. Seconded by Councilman Sheridan. Upon a voice vote, all
voting aye, Mayor Kirkham declared the motion carried unanimously.
C. PLANNING ASSISTANT: REPORT ON ANOKA COUNTY COMPREHENSIVE HEALTH MEETING
NOVEMBER 18, 1970
MOTION by Councilman Harris to receive the communication from the Planning
Assistant dated November 19, 1970. The motion was seconded and upon a voice
vote, all voting aye, Mayor Kirkham declared the motion carried unanimously.
D. KEN NORDLING. R�QUEST FOR WAIVER OF PLUMBING CODE:
MOTION by Councilman Harris to receive the communication from Ken Nordling
dated November 18, 1970 and approve the request for a waiver from the old
Minneapolzs Plumbing Code to allow use of plastic pipes as written in the
new Minneapolis Code. Seconded by Councilman Liebl. Upon a voice vote, all
voting aye, Mayor Kirkham declared the motion carried unanimously.
E. SOCIAL ACTION COMMITTEE: ST. WILLIAMS CHURCH:
MOTION by Counczlman Liebl to receive the communication from the Social
Action Committee of the St. Williams Church. Seconded by Councilman
Breider. Upon a voice vote, all voting aye, Mayor Kirkham declared the
motion carried unanimously.
APPOINTMENT OF ASSISTANT CITY MANAGER•
MOTION by Councilman Harris to appoint Marvin C. Brunsell as Assistant City
Manager. Mr. Harras stated that by previous action he is authorized to act as
assistant only when the City Manager is out of town. Seconded by Counca.lman
Brea.der. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion
carried unanimously.
ADJOURNMENT.
There being no further business, Mayor Kirkham declared the Regular Council
Meeting of December 7, 1970 ad7ourned at 1:40 A.M.
Re�pectfully submitted,
<�,`r'Cc� �' �%'Gfti Fiti
.7uel Mercer
Secretary to the City Council
Jack O. Kirkham
Mayor
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