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03/15/1971 - 00018251f T, I,' f" ° ���� A , THE MINUTES OF THE REGULFIR COUNCIL MESTING OF MARCH 15, 1971 PLEDGE OF ALLEGIANCE: Mayor Kirkham lead the Council and t.he audience in saying the Pledge of Allegiance to the Flag. INVOCATION: Reverend Bergren, Redeemer Lutheran Church offered the Invocata.on. Mayox Kirkham called the Regular Council Meeting of March 15, 1971 to order at 7:55 P.M. ROLL CALL: MENIBERS PRESENT: Harri5, Breider, Kelshaw, Kirkham, Liebl_ MEMBERS ABSENT. None APPROVAI, OF THE MINUTES OF THE REGULAR COUNCIL ME�TING OF MARCH 1, 1971_ , MOTION by Councilman Breider to adopt the Minutes of the Regular Council Meeting of March 1, 1971 as presented. Seconded by Councilman Kelshaw. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously. ADOPTION OF AGENDA: Mayor Kirkham said that the following items are to be addefl • 2DA. A Resolution Authorizing and Directing the Splitting of Special Assessments on Part of Lot 10, Parcel 2025, Auditox's Subdivision '�10 and Replatting into Rega.stered Land 5urvey #27. 20B. A Resolution Establishing Working Conditions, Wages, and Hours for Employees Employed by the Municipal Liquor Store (On Sale) 20C. A Resolution Establishing Working Conditions, Wages, and Hours for Employees Employed by the Municipal Liquor Store (Off Sale) F. Under Communications: Receiving 1970 Liquor Financial Report. MOTION by Councilman Sreider to adopt the Agenda as amended. Seconded by Councilman Liebl. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously. VISITORS: � Arnold Gilbertson: Lot Split Request for Lot 5, Block l, Elwe11's Riverside Heights: NOTE. This Lot Split was approved on June 6, 1966 granted to A1 Forsythe & Sons - L.S. #66-07. d " �) f.«� ;_y � i REGUI,AR COUNCIL MEETING OF MARCH 15, 1971 PAGE 2 Mr. Gilbertson explained that this lot split was granted splitting one lot into � three. Now he would like to split the lot making two larger lots. He felt that splitting into three would make the size of the lots too small. Splitting into two larger lots would also fit into the neighborhood better, as the other lots in the area are larger. This lot shows a split into three lots at the City level, but at the Register of Deeds, it is still one lot. The deed has not been filed. The City Engineer asked that Mr. Gilbertson supply the adequate documents to his office. Mayor Kirkham commented that this split seems to be an improvement over the old split already approved. MOTION by Councilman Aarris to approve the Lot Split on Lot 5, Block l, Elwell's Riverside Heights Addition making the lot into two, rather than three, requested by Arnold Gilbertson, subject to his furnishing the Engineering Department with the adequate documents. Seconded by Councilman Kelshaw. Upon a roll call vote, Kelshaw, Kirkham, Liebl, Harris and Breider voting aye, Mayor Kirkham declared the motion carried unanimously. PUBLIC HEARING ON REZONING REQUEST ZOA #71-01 BY VIKING CHEVROLET TO REZONE FROM M-2 HEAVY INDUSTRSAL� TO C-2, GENERFIL BIISINES5 AREA FOR PART OF THE NW'� OF THE NW% OF SECTION 2, T-30, R-24: Mayor Ka.rkham read the notice of hearing aloud. The City Engineer said that this is a request for a rezoning to commercial from heavy industrial and showed the area on the overhead screen for the Council and the audience. The Planning Commission � wncurred with the request of the applicant. The property would be used for a new car sales business. He showed the Council some preliminary layouts for the proposal they have. He said in regard to road patterns, it would make no difference whether the area developed industrial or cormnercial, roads would be needed. Mr. Wyman Smith, Attorney far Viking Chevrolet, was present and said that he had with him Jerry Brady, Vice Presa.dent and General Manager of Viking Chevrolet and Tom Boemer of Balco Building Systems. He then showed the Council a layout of their plans. He said that Viking Chevrolet was previously located on (Yand Avenue in St. Paul, and now plan to move to Fridley. This sa.te location has been approved by General Motors. The building itself would be raised four feet above University Avenue, and the land around the building will slope away. They have purchased land around where the building would be located for visibility. The builda.ng would be about 35,000 square feet. They hope to get approval so they can start construction this spring. There are a number of things that need to be worked out There is water available but the sanitary sewer will probably have to come from the N.S.S.S.D. lines along the railroad tracks. They plan to dedicate a frontage road. The total depth of the property is 600 feet from Una.versity Avenue, and they plan to set the building back 100 feet from the service road. This is the land that was in the osiginal park land acquisition proposal, then later dropped. He said that he felt that it would be a benefit to the City of Fridley to have a General i�lotors agency located here. This is something Fridley does not have. Councilman Harris asked how this facility would compare with Iten Chevrolet in , regard to size. Mr. Brady said that Iten Chevrolet is aUout 50,000 to 55,000 square feet, so this facility would be about 70�. The City Engineer commented that to the west of tha.s parcel is the land the City is purchasing for public use and to the north is the property the service organization is interested in. REGULAR COUNCIL MEETING OF MARCH 15� 1971 s� tY��`��' PAGE 3 ' Councilman Liebl asked Mr. Smrth how many acres they have. Mr. Smith said 23 acres. Councilman Liebl then asked how much Viking Chevrolet plans to invest in the building. Mr. Brady said for just the building, approximately � million. Councilman Liebl asked if they would be franchised and Mr. Brady said that they would move their franchise from St. Paul. Councilman Liebl asked how many employees they anticipate. Mr. Brady said 53 employees, �hey plan to enlarge their facilities over that presently in St. Paul. Councilman Liebl said that there is a lot of land open, why did they pick this particular site? Mr. Brady sazd that it a.s situated well on the highway, and there a.s a proposed shopping center to go in �ust kitty corner from there in Blaine. Gerierally speaking, General Motors likes sites that have a close proximity to a shopping center. Counmlman Liebl asked what was their dollar volume. Mr. Brady said 3'� million last year. Mayor Kirkham asked where the used car lot would be and Mr. Brady answered that it would be on the north side. Councilman Breider asked Mr. Boemer what the building would be constructed of. Mr. Boemer said that the show room front would be glazed, and the front portion oP the service area will be masonry. The two side walls and the rear wall will be curtain wa11. Councilman Harris asked what were the plans for the areas north and south of the structure. Mr• Brady said that they intend to leave it as it is as this would enhance the exposure to the site. Mr. Smith added that this is one of the reasons th�s site was picked. � It was pointed out that the "Welcome to Fridley" sign would be right where the building would be and Counmlman Aarris asked if there would be any ob�ection to moving it to the north or south. There was no ob�ection expressed. Council.man Liebl asked if this would be in School District #16 or #11. Mr. Smith said that it was in District #16. Councilman Liebl said in regard to utilities, he understood that they could get water. The City Engineer said that there was a water line running on the south side of the property. There is no drainage or sanitary sewer system built. If the Council approves this request, there will have to be a sanitary sewer line run and they will have to be psovided with road access. Councilxnan Liebl questioned where the storm sewer would go to serve this area. The City Enqineer said that this would depend on the development, but this facility would not create any new problems. I3e said as to the sanitary sewer, they could connect onto the line running along the railroad tracks. Councilman Lieb1 asked if Viking Chevrolet were willing to pick up their assessments and Mr. Smith said yes. He suggested that instead of running the sanitary sewer in 83rd Avenue, dropping it down, so the City would not have the assessments for the park land. They would not need it anyhow. Then it would also serve the owners �ust south of 83rd Avenue. They are willing to 7oin in a petition for these facilities. Councilman Liebl asked if the plans for water and sewer were feasible from an engineering standpoint. The City Engineer said yes, in the latter part o£ the Agenda is a resolution authorizing a complete study for this particular area. � This study wa.11 show what a.s the most economical and best suited locations for sanitary sewer fox tha.s area. Councilman Liebl said that if the Council rezones this property, they will have to be served with services. The City Engineer pointed out that whether it is rezoned or not, when this property develops, there must be services provided. L , � - ' � r � �� 7 L7 REGULAR COUNCIL MEETING OF MARCH 15, 1971 PAGE 4 Councilman Breider asked what are the storm sewer plans in regard to an open ditch vs. a closed syst�n. The City Engineer said that it would depend on how the property to the west develops. There would be no point in piping the water in the park. To the south there would have to be a piped system. There is a ditch coming from Blaine called County Ditch #17, along with some other drtches in this entire area. This particular piece of property is fairly high, and will not cause any drainage problems. Mr. Smith said that his client has an option that expires May lst, and asked that this request be expedrted. The City Attorr.ey asked if they plan to buy the west g of the property. Mr. Smith said no, Mr. Barbush still owns the westerly �. The Crty Engineer saa.d that he wanted to point out that there are some problems with access, and the road layout, and he will work with them and the Planning Commission on this. The applicant seems to feel a service road is needed. Mr. Eldon Schmedeke (Planning Commission) said that he was not here to question Mr. Smith or Viking Chevrolet, this is probably an ideal business for the area. He said that he is not fond of the spot picked as a site. He wondered if people have been informed that they will be assessed for storm sewer. Mayor Kirkham pointed out that eventually everyone in the City will be assessed for storm sewer as it goes in. Mr. Schmedeke said that he felt that the people should be notified before something like this is done. The City must be prepared to serve them with a sanitary sewer system. He said that they have stated that if the City cannot put in a system on time, they will put in their own. He felt that a cesspool would create a pollution problem. The people �n this area would like to know if they are going to be assessed. He thought that there were still many loose ends. He questioned whether there would be a loopback through the property where the service organization is hoping to go directly to the north. � ' MOTION by Councilman Liebl to close the public hearing on the rezoning request by Viking Chevrolet. Seconded by Councilman Breider. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried and the hearing closed at 8:30 P.M. ORDINANCE #474 - AN ORDINANCE UNDER SECTION 12.07 OF THE CITY CHARTER TO VACATE STREETS AND ALLEYS AND TO AMEND APPENDIX C OF THE CITY CODE: (SAV #70-05� Jeroslaw Abramshuk) MOTION by Councilman Liebl to adopt Ordinance #474 on second reading, waive the reading and order publ.ication. Seconded by Councilman Harris. Upon a roll call vote, Liebl, Harris, Breider, Kelshaw, and Kirkham voting aye, Mayor Kirkham declared the motion carried unanimously. ORDINANCE #475 - AN ORDINANCE AMENDING CHAPTER 32 OF THE CODE OF THE CITY OF FRIDLEY BY PROVIDING FOR THE ADOPTION OF THE FIRE PREVENTION CODE� EDITION 1970 AS RECOMMENDED BY THE AMERICAN INSURANCE ASSOCIATION AND ADDING $ROVISIONS RELATIVE TO THE SALE, TRANSPORTATION AND USE OF EXPLOSIVES AND AMMUNITIONS: MOTION by Councilman Harris to adopt Ordinance #475 as amended by the City Attorney on sec�nd reading, waive the reading and order publication. Seconded by Councilman Kelshaw. The City Attorney pointed out that there is an exemption provided for the loading of shells. This exemption applies to the buyer, not the seller. , REGULAR COUNCIL MEETING OF MARCH 15, 1971 Ftk^', PAGE 5 ' Mr. Richard Harris asked that the Ordinance be read, which Mayor Kirkham did. UPON A ROLL CALL VOTE, Kirkham, Liebl, Harris, Breider, and Kelshaw voting aye, Mayor Kirkham declared the motion carried unanimously. RECEIVING AGREEMENT REGARDING REZONING OF THE PROPERTY AS PER REZONING REQU�ST ZOA #70-06� BY SID BADER TO REZONE FROM R-1 TO R-3 THE SOUTH 301 FEET OF LOT 4, AUDITOR'S SUBDIVISION #108: �� ORDINANCE #476 - AN ORDINANCE TO AMEND THE CITY CODE OF THE CITY OF FRIDLEY MINNESOTA BY MAKING A CHANGE IN ZONING DISTRICTS: (Sid Bader) The City Engineer said that there were copies of the executed agreement in the Council Agenda. This is an agreement he felt should be agreed to by the property owner to protect the interests of the City of Fridley. If the Council is satisfied with the agreement, they would need to authorize the signature of the Mayor and Acting City Manager. Councilman Liebl asked if this agreement would be binding, or if the property owner could come back later and make changes. The City Attorn�y indicated he felt that it would be legally binding, and meets all requirements. ' MOTION by Councilman Breider to authorize the Mayor and Acting City Manager to sign the agreement and adopt Ordinance #476 on second reading, waive the reading and order publication. Seconded by Councilman Liebl. Upon a roll call vote, Harris, Breider, Kelshaw, Kirkham and Liebl voting aye, Mayor Kirkham declared the motion carried unanimously. FOR REAPPROVAL OF EAST RAIVCH ESTATES SECOND ADDITION PLAT: The City Engineer said that this plat was approved in 1969. The property owners are now requesting reapproval as they are ready to file the plat. He pointed out that there is a small portion of property zoned industrial within the loop- back at 79th Avenue and questioned whether the Council would wish to make this parcel larger so that it would meet the industrial zoning requirements. For industrial zoning it is 2/10 acre short. By increasing it, it would make the parcel larger so that something other than a gas station could be built. The utilrties have been put in as requested by the property owner. There is water and sewer but no drainage facility at this time. The Planning Commission is currently undertaking a complete study of this whole area. He then showed the plat on the screen and pointed out where the different zoning catagories are. Councilman Harris said that he was not necessarily advocating gas stations but could they be precluded on a parcel so small. The City Engineer said that if it was made 1'� acres, it would be an attractive industrial site for a small business. There should be some policy set up on where gas stations should be allowed, and if any more should be allowed in the City. He said ha.s question is whether it � should be left at 1.3 acres, or should they be advised to increase it. Council- man Kelshaw asked if it would be any hardship to make the parcel larger. Mr. Schroer indicated that it would be no hardship. He said that this site would not be attractive for a major business. The City Engineer said that it would not be large enough for a ma7or business, but would be more for a machine shop or a small manufacturing business. Mr. Schroer said that the road could be moved so that the parcel would meet the requirement for industrial ronlnq. F� � i �_ � . REGULAR COUNCIL MEETING OF MARCH 15, 1971 PAGE 6 The City Engineer said that the Planning Commission will be studying this whole area this Wednesday. If the Council reapproves the plat, the Planning Commission should take another look at it. It has been two years since this area has been reviewed. MOTION by Councilman Harris to reapprove the plat sub7ect to the Planning Commission's submitting their ideas and recommendations. Seconded by Council- man Kelshaw. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously. REQUEST FOR REMOVAL OF MATERIAL AND GRADING OF THE PROPERTY ON LOT 10 SUSDIVISION #22, SECTION 13� REQUEST BY ED CHIES: The City Engineer showed the area on the overhead projector and said in 1965 - 66 he was issued a Land Alteration Permit and at that ta.me had submitted a bond. Now there is additional survey information inda.cating some excess material could be taken out without seriously affecting the grades. The request is now to remove this excess material from the property. He said that if the Council allows the removal of the material, he would suggest a time limit. Councilman Harris asked i£ they were covered by a bond now. The City Engineer said yes, by the same old bond. The bonding company has been concerned and would like to see this commitment ful£illed. The City Attorney said that he had been in touch with the bonding company the last two - three weeks. They axe interested in qetting this completed so they can discharge their obligation. The bond is in effect and valid. Mayor Kirkham asked how long it would take, Mr. Ed Chies said hopefully, this construction season they should be done. Mr. Duane Olson said that he has been working with Mr. Chies. He said that he believed Park Construction wants to take out some 4,000 yards immediately. He added that he was no longer with Comstock & Davis, Ine. He said that the grades have been discussed with the City Engineer to determine what was available. He said that he has shot the elevations on the property and the grades and slopes have Ueen set. Iie said that their study shows an excess of 39,OD0 cubic yards of material on the entire site. Their plans involve grading at a 2 to 1 slope on the side slopes. There is a considerable amount of material on the south side of the property that would not have to be removed. He thought it may be some- thing less than the 39,000 yards, the questions are: how much material can be removed and what is the ultimate disposition of the property to be? They would now like to request permission to remove the material to meet the City require- ments for street grades. Councilman Liebl said that the City has had problems in this area before. He asked if they feel that 39,000 is what they want to remove. What if they need some additional material to fill in the low areas? Mr. Olson said that they estimated that the total is 53,000 cubic yards and some of this would be used as fill. They must allow for shrinkage and the loss through compaction. This would be the absolute maximuri. He pointed out that the south portion is partially wooded. The City Enga.neer saa.d that he wanted to make it perfectly clear that they would not have to remove anything. The 39,000 cubic yards is the absolute maximum they could remove, and he thought that a more realistic figure would be more like � o£ that amount. The Council should also make a deternunation on the quantity they will allow to be removed. � ' , REGULAR COUNCIL MEETSNG OF MARCH 15, 1971 �^p � �a �' ,�" � PAGE 7 � The City Attorney said that he recalled that many neighbors were very unhappy with the dust problem when they hauled before. He asked what route would be used to try to eluninate this problem. He suggested that if approval is given there should be written affirmation that the bond still covers the work. Counailman Harris asked how it would be determined how much has been removed. The City Engineer said that there would be poants established and they could visually see if the plan is being followed. He emphasized that 39,000 is the absolute maximum and a more realistic figure would be about 25,OOD cubic yards. Councilman Kelshaw said as far as the grading was concerned, would it be a problem to them to grade to the C�.ty standards and only then take out what was left over. He said that he understood that permission was given before, and the Crty Engineer said this was true. He added that they should be tied down to some schedule. He felt that it would be best to fill in the low areas first by taking the material off the higher land, but they seem to £eel that this is not economically Peasible. He pointed out that they have not lived up to their original permit. The bond is now four years old, and their past record has been poor. There have been problems with their meeting their commitments and complaints of neighbors. The bonding company is now putting pressure on them to get this work completed. Mr. Ed Chies said that he has spent the money to get a plan and they now have a good plan. He added that he took this pro�ect over. Councilman Kelshaw asked � who had the ora.ginal agreement. The City Engineer said that the permit was to Les Chies and was made out to Chies Brothers Inc. in 1965. Councilman Kelshaw asked what was his timetable. Mr. Ed Chies said that they hope to be all done by next fall. He added that he had Mr. Olson start the work for him about six months ago, and that he has done everything the City has asked him to do. He said that there would be no trouble with the bonding company. Mayor Kirkham said that they were told 5- 6 years ago that the work was going to be done next month. Mr. Ed Chies saa.d that he did not say that. Mayor Kirkham said that he would like to see the evidence first and have the holes filled first before any excess is hauled away. Mr. Chies said that this is why he hired an engineer. Mr. Olson said that previous to this time nothing had been shot, and there was no knowledge of what they had. Now the elevations have actually been shot and they have a plan. These were actual field shots. Mayor Ka.rkham asked if these were not still estimates. NLr. Olson said that there is about 30o allowed for shrinkage. Tha.s is somewhat variable, but quite predictable. Mr. Chies added that up to now there has never been a final grade set. Councilman Breider asked if he has anything to do with the property behind 73rd Avenue. Mr. Chies said that he is trying to find out who owns the ditch. The City Engineer said that this is a public watesway. MOTION by Councilman Kelshaw to grant permission on the basis that the property is to be brought to City standards before any excess material is hauled out. Also that the hauling is to be done by August 15, 1971 wa.th the pro�ect completed by October 30, 1971. They are to water the roadway to keep the dust problem down out � of consideration for the neighbors and to try to get access to haul over the Park Construction property. Seconded by Councilman Liebl. Mx. Olson then brought the map to the Council table fox a short dascussion. Councilman Liebl said that he did not want under any circumstances to have them have to haul material back in. Mr. Olson said that it would be no hardship to 4�j+ msJ �� �� REGULAR COUNCIL M�ETING OF MARCH 15� 1971 follow the suggestions set out in Councilman Kelshaw's motion. Councilman Kelshaw asked that when the holes are filled, to report to the City Engineer PAGE 8 Nir. Chies said that he had planned to grade as he hauled out. If he finds that he cannot meet the deadline, he said he would come back before the Council. He said that they plan on following the plan drawn up by Mr. Olson as he felt that it was a good plan, and he spent his good money for it. Councilman Liebl asked him if he understood that he is supposed to water the road and NLr. Chies said yes. The City Engineer said that the bonding company should write the City a letter stating that they will extend the bond until the end of the year so the City is pxotected. Councilman Kelshaw asked what xoute they would use for hauling and Mr. Chies said through the Park property out to Rice Creek Road. THE VOTE upon the motion, being a voice vote, all voting aye, Mayor Kirkham declared the motion carried unan�.mously. REQUEST FOR EXTENSION OP TIME LIMIT REQUIRED TO SUBMIT FZNAL PLANS FOR TOWNHOIISE DEV�LOPMENT ON LOT 3 AND LOT 4, BLOCK 2, HAYES RIVER ADDITION. REQUEST BY EMIL S. NOVAK• The Crty Engineer explained that the zoning ordinance requires the submission of a final plan within 90 days after the approval of the preliminary plans by City Council. The preliminary plans were approved December 3, 1970. He said that they had trouble in respect to satisfactory moxtgage financing. MOTION by Councilman Harris to grant a 45 day extension of time to Emil S. Novak for a townhouse development on Lot 3 and Lot 4, Block 2, Hayes River Addita.on. Seconded by Councilman Breider. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously. RECEIVING THE MINUTES OF THE BUILDING STANDARDS - DESIGN CONTROL SUBCOMMITTEE MEETING OF MARCH 4, 1971: The City Engineer explained that the first item, Five Sands request to construct a recreational building, was approved in concept only at this Meeting and was again considered at the March 10, 1971 Meeting, so this rtem can be taken up by the Council under those minutes. CONSIDERATION OF A REQUEST TO CONSTRUCT A TEMP�RARY STORAGE BUILDING TO BE LOCATED ON LOT 5� BLOCK 4, COMMERCE PARK, THE SAME BESNG 7300 COMMERCE TANE, FRIDLEY, MINNESOTA. (REQUEST BY MINCO PRODUCTS, 7300 COMMERCE LANE, FRIDLEY� MINNESOTA): The City Engineer said that Minco is requesting permission to put up a temporary metal building. The Bua.lding Board granted approval for three years only and at the end of that time they are to either remove the building or come back before the Council and request an extension. The building would be 12' R 111' and would be used for storage. Councilman Breider asked what they plan to store in the building. Mr. Karl Schurr, President of Ma.nco, said that they plan to store articles that are not used every day, but they do not want to discard. He said that they may have to expand in from three to £ive years if they continue as they have been. The need is not great enough at this time to �ustify expansion. Councilman Harris asked 1 ' � REGULAR COUNCIL MEETING OF MARCH 15� 1971 k ✓ � $ F- ��� �� F � PAGE 9 ' if they would get rid of it in three years time. Mr. Schurr said either that or move it to the back of the lot. Councilman Harris said that he would not want it moved to another part of the lot. N1r. Schurr said that if they expand in the future, they would have no need for it. Councilman Kelshaw asked why not add to the building now. Mr. Schurr said mainly because o£ the cost. They would like to use this temporary measure for a few years. The building would be baked on enamel with a green roof, and would be a garage type building. Councilman Kelshaw asked if they were to add onto the building, does the Ordinance allow subleasing? The Mayor said no. MOTION by Councilman Harris to approve the construction of a temporary metal building for Minco Products, Inc., with the condition that under no circumstances is that building to be on the property after December 31, 1975. Seconded by Councilman Kelshaw. Nlr. Schurr submitted a letter of intent to the Council and asked that tha.s be held in lieu of a performance bond. THE VOTE upon the motion, being a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanixnously. MOTION by Councilman Liebl to receive the letter from Karl Schurr, Minca Products, Inc. dated March 15, 1971 and concur. Sewnded by Councilman Kelshaw. Upon a ' voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously. MOTION by Councilman Liebl to receive the Minutes of the Building Standards - Design Control Subcommittee Meeting of March 4, 1971. Seconded by Councilman Breider. Upon a voice vote, all vot�.ng aye, Mayor Kirkham declared the motion carried unanimously. RECEIVING THE MINUTES OF THE BUILDING STANDARDS - DESIGN CONTROL SUBCOMMITTEE MEETING OF MARCH 10, 1971: WNSIDERATION OE A REQUEST TO CONSTRUCT A RECREATIODi BUILDING FOR AN APARTMEDST COMPLEX LOCATED ON LOTS 1, 2, 3, 4, 5, AND 6, BLOCK 2; PEARSON'S 1ST ADDITION AND PARCEL B400, S'� OF SECTION 3, T-30, R-24, ANOKA COUNSY, MINNESOTA, THE SAME BEING 7805 - 7895 EAST RIVER ROAD, FRIDLEY, MINNESOTA. (REQUEST BY FIVE SAN➢S DEVELDPMENT� 2408 CENTR7IL AVENUE� MINNEAPOLIS� MINNESOTA): The City Engineer said that this request is by Five Sands on 79th Avenue and East River Road. They have already built some of their buildings, and are now pro- posing to build the recreational building. He then showed the Counca.l what the building would look like at the Council table. He said that it would be a brick building with a hip xoof. The Building Board recommended approval sub�ect to, if there is any refuse problem, they are to provide screening. He said that he would like to add the condition that they dedicate some easements for turning movement at Lincoln Street and 79th, and he would like to work with them for an exchange of property on the property to the west. It is a small triangular piece ' of property on the southeast corner of East River Road and 79th Way. MOTION by Councilman Harris to approve the request for construction of a recreational building by Five Sands sub�ect to the Board's restriction and the City Engineer's suggestions. Seconded by Councilman Breider. ffn, � ��i �� � REGULAR COUNCIL MEETING OF MF�RCH 15, 1971 PAGE 10 Councilman Sreider said that there have been some problems with the financing of Phase II. He questioned if he anticipated any problems in regard to financing and access with Phase III, IV, and V. Mr. Ken Nordling said that they wanted a second access onto 79th Way for convenience. This problem came up when they tried to get the F.H.A. financing. There are different mortgages for Phase I and II. He said that they did not anticipate any further problems. Mr. Fudali did request a study be made on the east side of 79th. The City Engineer said that this is part of the area given to the Planning Commission for their study and recom- mondations. Mr. Nordling said that if 79th Avenue goes through to University Avenue, it would be to everyone's advantage for them to have access to 79th. THE VOTE upon the motion, being a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously. MOTION by Councilman Liebl to receive the Minutes of the Building Standards - Design Control Subcommittee Meeting of March 10, 1971. The motion was seconded and upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously. MINUTES OF THE PLANNING COMMISSION MEETING OF MARCH 3, 1971: The City Engineer said that there was only one item that would need Council action. REZONING REOUEST, RZCHLAND, INC. BY R.C. ERNST. ZOA The City Engineer said that the Planning Commission recommended approval of the rezoning request, so Council action would be to set the public hearing date. MOTION by Councilman Harris to set the public hearing date of April 12, 1971 for the rezoning request by .Richland, Inc. Seconded by Councilman Liebl. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously. MOTION by Councilman Liebl to recea.ve the Minutes of the Planning Commission Meeting of March 3, 1971. Seconded by Councilman Kelshaw. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously. RECEIVING THE MINUTES OF THE BOARD OP APPEALS MEETING OF MARCH 9� 1971: 1. A REQUEST FOR VARIANCE OF: SECT20N 56.05� 3B� FRIDLEY CITY CODE� TO INCREASE TFIE MAXIMUM HEIGAT OF A FREE STANDING 5IGN FROM 25 FEET TO 28 FEET 3 INCHE5 AND SECTION 56.05, 3B, FRIDLEY CITY CODE, TO INCREASE THE MAXIMUM SIGN AREA IN C-25 ZONING FROM 100 SQUARE FEET TO 112 SQUARE FEET TO ALLOW THE ERECTION OF A FREE STANDING SIGN ON PART OF LOT 5, AUDITOR'S SUBDIVISION #153� ANOKA COUNTY, MINNESOTA, THE SAME BEING 5203 CENTRAL AVENUE N.E.., FRIDLEY� MINNE50TA. (REQUEST BY TWIN CITY FEDERAL SAVINGS AND LOAN ASSN., 801 MARQUETTE AVENUE, MINNEAPOLIS� MINNESOTA): 2. A REQUEST FOR A VARIANCE OF SECTION 56.05� 3B� FRIDLEY CITY CODE� TO INCREASE THE MAXIMUM SIGN AREA OF A SECOND FREE STANDING SIGN FROM '� THE AREA OF TFIE FIRST SIGN WHICH IS 50 SQUARE FEET TO 59 SQUARE FEET TO ALLOW THE ERECTION OF A SECOND FREE STANDING SIGN TO SE LOCATED ON PART OF LOT 5� A.S. #153, ANOKA COUNTY, MINNESOTA� THE SAME BEING 5203 CENTRP.L AVENUE N.E.� FRIDLEY� MINNESOTA. (REQUEST BY TWIN CITY FEDERAL SAVINGS AND LOAN ASSN., 801 MARQUETTE AVENUE, MINNEAPOLIS, MINNESOTA)• ' ' 1 � ' ' REGULAR COUNCIL MEETING OF MARCH 15, 1971 �y�, �, ,� � a PAGE 11 The City Engineer said that these variances are requested by Twin City Federal Savings and Loan Assn. They have standard signs they use that are slightly larger than the Fridley Code allows. He then showed the Council wkiat the signs would look like. MOTION by Councilman Harris to approve the variances requested by Twin City Federal. Seconded by Councilman Breider. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously. MOTION by Councilman Liebl to receive the Minutes of the Board of Appeals Meeting of March 9, 1971. Seconded by Councilman Kelshaw. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanunously. RECEIVING BIDS FOR STREET SWEEPER: (Bids Opened March 3, 1971, 11:00 A.M ) Trade Name of Bidder Surety Equipment Net Price Delzvery Date Zeco Company Cert. Ck. M-B Cruiser 1$13,805.00 45 Days 9033 Lyndale Ave. So. $691.00 Minneapolis, Minn. Hayden Murphy Equip. Co.Seaboard Mobil Model $14,550.00 30 - 45 9301 E. Bloomington Fwy.Surety Co. 1TE3 Days Minneapolis, Minnesota 5g B.B. MacQueen Equipment Co. Aetna Cas. Elgin Pelican $16,440.00 45 - 60 595 Aldin St. & Surety 111 Calendar Days St. Paul, Minn. So B.B. Hall Equipment Co. Aetna Cas. Wayne 1-973 $14,390.00 7- 8 Weeks 2360 Hwy. 100 So. & Surety Minneapolis, Minn. 5% B.B. The Acting City Manager said that the recommendation of the Director of Public Works and the Purchasing Agent is to accept the bid by MacQueen Equipment Co. This piece of equipment will dump directly into a dump truck, and is the only one that does. It has it's own box. Mayor Kirkham asked if this was specified in the specifications. The Acting City Manager said that it was allowed either way as they wanted a cost comparison for both methods of disposal. The City Attorney raised the question of what will happen if the low bidder says he met specifications. Mr. Marty Martin, Zeco Company, said that they bid the truck type sweeper vs. the loader type. They were the low bid and they met Fridley's specifications. He felt that they were the lowest responsible bidder. His equipment takes the load to the dump itself rather than dumping into a truck or on the street. The Pelican III still requires a dump truck. He said that they were the low bidder and did follow the specificata.ons and felt that they were entitled to the award. The Acting City Manager read from the Proposal which called for either method of disposal. The Public Works Director feels that the Pelican III would save time and money. The operation using a dump truck would give more flexibility. Councilman Harris said that there seemed to be some confusion in what was asked for in the bidding. d � a � ti��l� REGULAR COUNCIL MEETING OF MARCH 15, 1971 PAGE 12 MOTION by Councilman Harris to refuse all bids. Seconded by Councilman Kelshaw Mayor Kirkham asked the City Attorney if all the bids could be refused. The City Attorney said yes, if the Proposal states an either/or situation, then the Council will have to accept the low bid that meets specifications. If the Council is not willing to accept an either/or basis, then the specifications should be more specific. A Respresentative from MacQueen Equipment Co., said that they also met all specifications. The main feature with their equipment is that the sweeper can stay on the �ob all the time and can sweep twice as many streets as the truck type. He pointed out that it is getting close to spring clean-up time. Councilman Harris said that a street sweeper is in the City's budqet and the City will be going out for bids again very soon. THE VOTE upon the motion, being a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously. DISCUSSION REGARDING T.Ii. #65 SIGNAL AT 61ST AND CROSS-OVER AT 63RDc The City Engineer said that last month he submitted a proposal in regard to providing a signal at Rice Creek Road and T.H. #65. One condition of the Highway Department's was the closing off of the cross-over at 63rd Avenue. At that time the Council indicated that they were not asking for the 63rd Avenue cross-over to be eliminated, but they wanted the signal at 61st. He then handed out an accident summary of accidents on 63rd Avenue and Rice Creek Road inter- sections with T.H. #65. Councilman Kelshaw said that he la.ved on West Moore Lake Drive, so would this be considered a conflict of interest. The City Attorney said no, only if he had income property. The City Engineer said that there were 33 accidents since January 1, 1970 at the 61st and T.H. #65 intersection with one fatality which was the first one for this year. Out of the 33 accidents, 1� were failure to yield. When it was discussed bringing this road through, the Highway Department indicated they would like to eliminate the 63rd cross-over and bring the traffic down to 61st. He then asked Dick Elasky, District Traffic Engineer, to give their point of view. He added that there is a layout of the area on Page 41 of the Agenda. Mr. Dick Elasky said that whenever a signal is considered, traffic counts are made. 63rd Avenue does not come close to meeting warrants but combining 61st and 63rd, it more than meets the warrants necessary. Cross street volumes at 61st exceed 63rd by twice the amount. In discussing the accident rate, there are considerably more accidents on 61st than on 63rd. He said that you must consider the street signal continuity in regard to 61st. At 63rd Avenue there is no street system, especially on the west side. The question is the elimination of the cross-over at 63rd Avenue. It must be looked at from the safety approach. There would still be right hand turns. He said that it was difficult to change the habits of the motorist. The Highway Department feels that it is 7ustifiable and reasonable to remove the cross-over at 63rd, and the advantages outweigh the disadvantages. ' ' ' REGULAR COUNCIL MEETING OF MARCH 15, 1971 x ; � ��i; `� PAGE 13 ' Councilman Harris said that this has been discussed by the Council previously and the determination made by the Council was that they did not want to act to close off 63rd, but the Council does want the signal at Rice Creek Road. If Mr. Elasky feels that this should be closed off, that is the determination of the Highway Department, not the Council. The request for closing off 63rd should not come from this Council. The burden should not be placed on the Council, but on the Highway Department. Mr. Elasky said that they feel that this is the proper action to take. From the accident statistics a person can see that they should act to reduce accidents at the intersection of 61st. Ae said that the municipalities always ask for involvement in the actions taken by the Highway Department, so the City of Fridley has an obligation also. Councilman Harris said that people have voiced their ob7ections to closxng off 63rd. He did not want to be put in the position of trading one street for another. Fridley is not closing 63rd, the Highway Department is. Councilman Breider said that the Junior High school children use the cross-over at 63rd Avenue and he was curious to sea what route the children would take then. Mayor Kirkham said that if there were signals at 61st, it would make a safer crossing for them. He added that he was not sure that removing the cross-over at 63rd would reduce accidents, what would reduce the aecidents would be the signal at 61st. If the Highway Department feels they must close off 63rd, that is their decision. , Councilman Breider asked a.f Mr. Elasky was stating that they would not put in the signal unless the cross-over is eliminated. Mr. Elasky said that he could present only what the proposal states and was not in a position to negotiate. Councilman Breider said that with the fencing along University Avenue the Highway Department put it in with the understanding that if it did not improve the accident statistics, they would consider taking it down. Cou1d there be an agreement that they would leave 63rd Avenue open until it is proven a detriment? Mr. Elasky questioned how is a detriment to be determined. MOTION by Councilman Harris to request the Minnesota Highway Department to install the signal at Rice Creek Road and T.H. #65 and the Council does not request the closing of the 63rd Avenue intersection at this time. Seconded by Councilman Liebl. Upon a voice vote, Harris, Breider, Kirkham and Liebl voting aye, Kelshaw voting nay, Mayor Kirkham declared the motion carried. RECESS: Mayor Kirkham declared a recess from 10:15 P.M. to 10:30 P.M. RESOLUTION #29-1971 - A RESOLUTION 5UPPORTING SENATE FILE 765 AND HOUSE FILE 1125: MOTION by Councilman Liebl to adopt Resolution #29-1971. Seconded by Councilman Harris. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion ' carried unanimously. CONSIDERATION OF PAYING NSP ELECTRIC BILL: Councilman Harris said that he had requested that this item be put on the Agenda. There are gentlemen in attendance from NSP present tonight. He said that fie was concerned as the Council has become a laughing stock of a number of people in ( J %-� �'� REGULAR COUNCIL ME�TING OF M11RCH 15, 1971 PAGE 14 regard to the contract NSP has with the City for the elimination of the 115 KV ' line. He has seen no physical work to remove the high tension poles and he wondered if the Council should take some forceful action to expedite this. Mr. John Pearce, Northern States Power Company, said that they have done some work mainly toward removing the 115 KV line off Una.versity Avenue. The work was done so far to show N5P's good intentions. They have ordered the material and it has been laying on the job site since October. Until recently they had no perma.t to build the line. By the first of May they could get it built, but they could not energize rt. The problem has to do with the induction interfexence with the railroad signals. This problem has gained national attention, and is not only going to affect us here, but throughout the United States, based on what happens here in Fridley. It seems redundant to say they are still studya.ng, but they have been for the last two years, with the railroad. The 345 KV line has been bua.lt but it cannot be energized until they resolve their problems with the railroad. Until that time it is of no value. Councilman Breider energizing the 345 along the railroad problem. asked if he was saying that when they have approval for KV line, they will also have approval for the 115 KV line tracks. Mr. Pearce said yes, they are one and the same Councilman Harris said that there has been much discussion about energizing the 345 KV line, but it is about 15 months past the deadline N5P said that they would remove the poles from University Avenue and place them along the railroad tracks. Fridley approved the contract, but he did not want them to think they were not serious about making certain NSP fulfilled their agreement. He said that Council does recognize their problems but to demonstrate to the public the Council a.s concerned, he would suggest withholding payment to NSP to show the public the Council is serious in trying to get NSP to live up to their part of the contract. The Council will then be living up to their end of the bargain. Mr. Pearce said that the agreement with the City of Fridley was, 13 month ago they were to be in place contingent upon getting the right of way, but they still do not have all the right of way. By May lst they could complete a portion of it, but they could not complete it or energize it because they are still hung up on the right of way Until they can energize both lines, they cannot take the power line down from University Avenue or the City power supply would suffer. Councilman Harris asked if they could not physically erect some of the poles, at least the publa.c would know that NSP is trying to live up to their contract. Nlr. Pearce said that they could build it along the railroad tracks, but they could not energize it. He said that if this would help Fridley, they would be happy to do this. This will add to the cost, but to show good faith, they will do it. Mr. Coleman, NSP, said that some details have to be worked out relative to the existing facility prior to the time they could erect the poles. They �ust received the temparary erection permit last Friday, which has been approved and accepted by NSP. They anticipate having that fully executed document by the end of this week. He said that he would guarantee that the line would be under construction by May lst. Councilman Liebl asked if he understood correctly that NSP still guarantees that they will put up the line along the railroad right of way. Mr. Pearce said yes, it will be under construction by May lst. Councilman Liebl asked if they would put this in wrrtinq and NLr. Pearce said yes. Councilman Liebl said that he understood that before they take the 115 KV line down along University Avenue, they must have the line in along the railroad tracks to adequately serve the people in the area. Councilman Harris said that if they could see the 115 KV ' I� REGULAR COUNCIL MEETING OF P7P.RCH 15� 1971 �f � CPy � t� PAGE 15 ' line up, then when the 345 KV line is energized, the 115 KV line would be also, and there would not be a construction lag. Councilman Harris said that he was going to move that Fridley not pay the NSP bill until they could see some work done, but based on the discussion with John Pearce, HE WOULD MOVE to wait until May lst, when it should be back on the Agenda. Councilman Kelshaw asked the Crty Attorney if Fridley could withhold payment from NSP. The City Attorney said that NSP could then invrte Fridley into litigation. He added that they signed an agreement that upon completion of the 345 KV line, they would energize the new line and take down the old line. One paragraph provides for their getting the necessary right of way. He said that he would have to review the contract, but he recalled that the construction has not proceeded on the timetable the Council envisioned. Councilman Liebl asked if Fridley were in a position to do as Councilman Harris suggested. The City Attorney said, if they were willing to accept the consequences, which might be litigation. Councilman Harris pointed out that NSP would not want the newspapers to state that NSP is in default of their contract. By January 15, 1970 the la.ne on University Avenue was to have been removed. Councilman Harris asked if they could energize the line now, how soon would they take the line ciown from University Avenue. Mr. Pearce said 3- 4 months, if they had permission right now, they would still have to get the cable. Council- ' man Kelshaw asked why the line has not been ordered before now. Mr. Pearce said that it is not known right now what plan they are going to follow. Mr. Coleman added that there is a physical conflict that will necessitate relocation to a slight degree. The underground cable will replace the overhead lines. Council- man Breider asked what was the problem if this is to go underground. Mr. Coleman said that the railroad circuits are overhead and these cannot be taken down until the new line is laid. There is a physical conflict with the existing overhead circuits. They cannot activate until the buried cable is in place. Councilman Breider asked how long it will take to run the cable. Mr. Coleman said that the railroad is installing the cable. He added that there is a meeting scheduled in New York in regard to the induction problem. Councilman Breider asked how close are they on their plans for the cable. Mr. Coleman said that these matters have been considered, but there have been no final tests at this time. Councilman Breider asked what was the lead time. Mr. Coleman said that they know the number of wires in each of the cables, but the specific tests on the cable have not been determined. Mr. Pearce said that the cables will be owned, installed and bought by the railroad, NSP will pay for it but it will belong to them. Councilman Harris read from the agreement which says that the 115 KV la.ne is to be completed concurrently wrth the 345 KV line. In 1967 the Council passed a resolution and the Council has not demanded much since the contract was drawn up. There has been no physical work on the poles or the lines. Mr. Coleman said that that line will not be energized until an agreement is reached with the railroad, either the 345 KV line or the 115 KV line. They go hand in hand. It will take 6 weeks to rebuild the 115 KV line. To show NSP's concern for Fridley's problem, ' even though they have not reached complete agreement wrth the railroad, they will start the 115 KV line. Councilman Kelshaw said that he did not think Fridley could hold back on payment of the bill, and he could not second the motion. He asked the City Attorney what the Council cauld do to speed this up and insure that the poles would be erected. �-� �, ; � � , ., .�, REGULAR COUNCIL MEETING OF MARCH 15, 1971 PAGE 16 The City Attorney said that if work has not commenced on the 115 KV line by the time the 345 KV line is up, then an in7unction could be sought because NSP has not kept thear agreement with Fridley. If the construction is under way on the 115 KV line by May lst and if the 345 KV line is not activated prior to their removing the 115 KV line, they are still substantially behind schedule. Councilman Liebl said that he would like to have NSP state why they are not able to complete the pro�ect at this time. Mr. Pearce said that this is an entirely new concept and a great deal of time has been consumed with study. Ae said they were very concerned with the 345 KV line as they need it for the Monticello plant, and is a very important part of their system. Councilman Harris said that if there is work startied by May lst he would be satisfied, and he still wanted it back on the Agenda May lst, but he would WITHDRAW his motion. The £irst meeting in May the CouncZl would re-evaluate what has been done to date. He added that his comments were not directed to anyone special, but it is part of his �ob to see that a contract is carried out. Mayor Kirkham said thank you to Mr. Pearce and N1r. Coleman for coming be£ore the Council. REVIEW OF FIVE YEAR SIDEWALK PROGRAM AND EVALUATION OF THE POLICIES FOR THE ASSESSMENT, IMPROVEMENT, AND MAINTENANCE OF THE SIDEWALKSo MOTION by Councilman Liebl to table consideration of this item. The motion was seconded and upon a voice vote, all voting aye, Mayox Kirkham declaxed the motion carned unanimously. RESOLUTION #30-1971 - A RESOLUTION OIDERING PRELIMINARY PLANS� SPECIFICATIONS� AND ESTIMATES OF THE COSTS THEREOF. WATER, SANITARY SEWER AND STORM SEWER PRQTECT N0. 102: MOTION by Councilman Harris to adopt Resolution #30-1971. Seconded by Councilman Liebl. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously. RESOLUTION #31-1971 - A R�SOLUTION ORDERING PRELIMINARY PLANS� SPECIFICATIONS AN➢ ESTIMATES OF THE COSTS THEREOF: WATER� SANITARY 5EWER AND STORM SEWER PROJECT NO. 103. MOTION by Councilman Harris to adopt Resolution #31-1971. Seconded by Councilman Liebl. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously. RESOLUTION #32-1971 - A RESOLUTION ESTABLISHING MUNICIPAL STATE AID STREET: (Main Street from 79th Avenue to 83rd Avenue) MOTION by Counci]man Breider to adopt Resolution #32-1971. Seconded by Councilman Harris. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously. RESOLUTION #33-1971 - A RESOLUTION AU`l'HORIZING AND DIRECTING THE SPLITTING OE SPECIAL ASSESSMENTS ON LOT 1, BLOCK 2, RIVERWOOD MANOR ADDITION: MOTION by Councilman Breider to adopt Resolution #32-1971. Seconded by Councilman Harris. Upon a voice vote, all ayes, Mayor Ka.rkham declared the motion carried. ' 1 1 � L� REGULAR COUNCIL MEETING OF MARCH 15, 1971 � r �� �_ 6 �� PAGE 17 RESOLUTION #34-1971 - A RESOLUTION AUTHORIZING AND DIRECTING THE SPLITTING OF SPECIAL ASSESSMENTS ON PART OF LOT 10, PARCEL 2025, AUDITOR'S SUSDIVISION ,�10 AND REPLATTING INTO REGISTERED LAND SIIRVEY NO 27: MOTION by Councilman Harris to adopt Resolution #34-197L Seconded by Councilman Breider. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously. RESOLUTION #35-1971 - A RESOLUTION ESTABLISHING WORKING CONDITIONS, WAGES, AND HOURS FOR EMPLOYEES EMPLOYE➢ BY THE MUNICIPAL LIQUOR STORE (ON SALE)_ MOTION by Councilman HaYris to adopt Resolution #35-1971. Seconded by Counci]man Kelshaw. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously. RESOLUTION #36-1971 - A RESOLUTION ESTABLISHING WORKING CONDITIONS, WAGE5 AND HOURS FOR EMPLOYEE5 EMPLOYED BY THE MJNICIPAL LIQUOR STORE (OFF SALE): MOTION by Councilman Harris to adopt Resolution #36-1971. Seconded by Councilman Kelshaw. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously. CONCEPT APPROVAL OF PUBLIC WORKS UNION CONTRACT: The Acting City Manager said that Local #49 had accepted the City Manager's offer on an area wide basis. THis would not be the complete and final contract at this time, this would be brought back to the City Council at a later date. MOTION by Councilman Kelshaw to approve the concept of the Public Works Union contract. Seconded by Councilman Breider. Upon a voa.ce vote all voting aye, Mayor Kirkham declared the motian carried unanimously. APPOINTMENTS: Name Position Effective Date Replaces Clyde V. Moravetz Sr. Engr. Aide March 1, 1971 Richard Lovberg MOTION by Councilman Breider to concur with the Administration in the appmntment. Seconded by Councilman Kelshaw. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously. CLAIMS: MOTION by Councilman Harris to approve payment of General Claims #24614 through #24725 and Liquor Claims #5376 through #5440. Seconded by Councilman Breider. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously. � LICENSES Cigarette Don's Gulf Station 53D0 Central Ave. Fridley, Minnesota By: Donald Michaels Approved By Police Chief � � �-� REGULAR COUNCIL NIEETING OF MARCH 15, 1971 LICENSES CONTINUED: Moon Plaza Restaurant 6215 University Ave. Fridley, Minnesota Handy Superette 6253 University Ave. Fridley, Minnesota Food Bonanza 250 Osborne Road Fridley, Minnesota Fridley Auctions 7500 University Ave. Fridley, Minnesota Sandee's Cafe 6490 Central Ave. Fridley, Minnesota Pilgrim Cleaners 5251 Central Ave Fridley, Minnesota Skywood Mall 52nd & Central Fridley, Minnesota Barry Blower 99 77th Way Fridley, Minnesota Burger King 6410 Universrty Ave. Fridley, Minn. Snyder's Drug Store 6582 University Ave. Fridley, Minnesota Atlantic Spartan Store 5351 Central Ave. Fridley, Minnesota Dealers M£g. Co. 5130 Main St. Fridley, Minnesota Metro 500, Inc. 5333 University Ave. Fridley, Minnesota By: Ronald Weis By: David Schwappach By� Culver Davis Jr. By: Cyri1 Link By: William Weiss By: United Vending Bya Twin City Novelty By: Deming Amusement By: Burger King Corp. Police Chief Police Chief Police Chief Police Chief Police Chief Police Chief Police Chief Police Chief Police Chief By: Snyder's Drug Stores, Inc. Police Chie£ By: Twin City Navelty By: SirVend, Inc. By: Susy-Q, Inc. Police Chief Police Chief Police Chief u PAGE 18 � , , ' 1 � REGULAR COUNCIL MEETING OF MARCH 15� 1971 LICENSES CONTINUED: Cigarette Bruce's Mioo Ind. Oa.l 6500 East River Road Fridley, Minnesota Target 755 53rd Ave. Fridley, Minnesota Les'5 Standard Station 7680 Hwy. 65 Fridley, Minnesota Frontier Club 7365 Central Ave. Fridley, Minnesota Frontiier Steak House 7365 Central Ave. Fridley, Minnesota Holiday Auto Center 57th & University Ave. Fridley, Minnesota Aoliday Service Station 5807 University Ave. Fridley, Minnesota Holiday Village North 250 57th Ave. Fridley, Minnesota Knights of Columbus 6831 xwy. 65 Fridley, Minnesota Penny's Supexmarket 6540 Oniversity Ave. Fridley, Minnesota Georges Texaco (PDQ) 6D71 Tlniversity Ave. FrLdley, Minnesota Mr. Steak 5895 University Ave. Fridley, Minnesota Moore Lake Union 76 5695 Hackmann Ave. Fridley, Minnesota By: Bruce Behnke By: Target Stores By: P & R Vending By: Marlene Povlitzki By: Marlene Povlitzki By: Eagle Industries By: Central Service Co By: Erickson Brothers By: North Air Hame By. Penn-Fridley By; Sames Ailgendorf By: Robert Schachtschneider By: Richard Kyro Approved By- Police Chief Police Chie� Pola.ce Chief Police Chief Police Chief Police Chief Police Chief Police Chief Police Chief Police Chief Police Chief Police ChieP Police Chief � J� �„� ��. d„ �' 4.� PAGE 19 F `y ' a e , t� 1 & REGULAR COUNCIL MEETING OF MARCH 15, 1971 LICENSES CONTINUED: Cigarette Piggly Fliggly 5251 Central Fridley, Minnesota By: Piggly Wiggly Midwestern Red Owl 6525 University zave. Fridley, Minnesota By: Red Owl Stores, Inc. Chuck's Gulf 7315 Hwy. 65 Fridley, Minnesota Sy: Charles Sordan J.unbo's Pizza 248 Mississippi St. Fridley, Minnesota By: James Schooley, Sr. Club 47 6061 University Ave. Fridley, Minnesota By: Robert Snyder Fridley Mumcipal Liquor Store 6481 Universrty Ave. Fridley, Minnesota By: Florence Engelbrecht Fridley Municipal Liquor Store 3710 East River Road Fridley, Minnesota By: Florence Engelbrecht Fridley Municipal Liquor Store 6161 Hwy. 65 Fridley, Minnesota By: Florence Engelbrecht Rapid Shop 6530 East River Road Fridley, Minnesota By: Irving Goldberg Railroad Accessories 4650 Main St. Fridley, Minnesota By: Griswold Coffee Co. FMC Corp. 48th & Marshall Fridley, Minnesota By: Canteen Co. of Minn. Strite-Anderson 7585 Viron Road Fridley, Minnesota By: Servomation Twin Cities Onan Corp. 1400 73rd Ave. Fridley, Ma.nnesota By: 5ervomation Twin Cities Approved By Police Chief Police Chie£ Police Chief Police Chief Police Chief Police Chief Police Cha.ef Police Chief Police Chief Police Chief Police Chief Police Chief Police Chief PAGE 20 I � , ' REGULAR COUNCIL MEETING OF MARCH 15, 1971 ' LICENSES CONTINUED: Cigarette Maple Lanes 6310 Hwy. 65 Fridley, Minnesota Food Establishment Holiday Service Station 5807 University Ave. Fridley, Minnesota Snyder's Drug Store 6582 University Ave. Fridley, Minnesota McDonald's 5831 University Ave. Fridley, Minnesota Mr. Steak 5895 University Ave. , Fridley, Minnesota Sandee's Cafe 6490 Central Ave. Fridley, Minnesota Don's Gulf Station 5300 Central Ave. Fridley, Minnesota Shar's Snack Bar 52nd & Central Ave. Fridley, Minnesota Rapid Shop 6530 East River Road Fridley, Minnesota FMC Corp. 48th & Marshall Fridley, Minnesota Fridley Dairy Queen 280 Mississippi St. Fridley, Minnesota � Maple Lanes 6310 Hwy. 65 Fridley, Minnesota Approved By By: The Moore Way Vending Co. Police Chief By: Central Service Co. Health Inspector By: Snyder's Drug Stores, Inc. Health Inspector By: McDonald's of Mpls By_ Robert Schachtschnea.der By: William Weiss By: Donald Michaels By: Sharlene Clochie By: Irving Goldberg By: Canteen Co. of Minn. By: Ernest Fitch Health Inspector Health Inspector Health Inspector I3ealth Inspector Health Inspector Health Inspector Health Inspector Health Inspector By: The Moore Way Vending Co. Health Inspector '�":f'� �.a '� � PAGE 21 i i 3 l iJ � .�% REGULAR COUNCIL MEETING OE MARCH 15, 1971 LICENSES CONTINUED: Food Establishment Columbia Arena 7011 University Ave. PAGE 22 Approved By Fridley, Minnesota By. The Moore Way Vending Co. Health Inspector Red Owl Store 6525 University Ave. Eridley, Minnesota By: Red Owl 5tores, Inc. Holiday Auto Center Hwy. 694 & University Ave. Fridley, Minnesota By: Eagle Industries Moore Lake Union 76 5695 Hackmann Ave. Fridley, Minnesota By: Richard Kyro Club 47 6061 University Ave. Fridley, Minnesota By: Robert Snyder Pilgrim Cleaners 5251 Central Ave. Fridley, Minnesoat By: United Vending Taxicab Columbia Heights Cab 903 40th Ave. Columbia Heights, Minn. By: .7ohn LaMont Used Car Lot Smitts Motor 5649 University Ave. Fridley, Minnesota By: Wallace Schmedeke Service Station Ron's Standard 6490 [lniversity Ave. Fridley, Minnesota By: Roland Cox Steiger & Gertzen Garage 6519 Central Ave. Fridley, Minnesota By: Ernest Gertzen Off Sale Snyder's Drug Store 6582 University Ave. Fridley, Minnesota By: Snyder's Drug Stores, Inc Health Inspector Health Inspector Health Inspector Health Inspector xealth Inspector Police Chief Building Inspector Police Chief Fire Inspector Buildang Inspector Fire Inspector Building Inspector Police Chief Health Inspector ' , ' � !__J 1 REGULAR COUNCIL MEETING OF MARCH 15, 1971 LICENSES CONTISSIIED Off Sale Red Owl Store 6525 University Ave. Fridley, Minnesota Public Dxinking Club 47 6061 University Ave. Fridley, Minnesota Fireside Rice Bowl 7440 Central Ave. Fridley, Minnesota Tavern Club 47 6061 University Ave. Fridley, Minnesota On Sale Club 47 6061 University Ave. Fridley, Minnesota Sandee's Cafe 6490 Central Ave. Fridley, Minnesota Garbage Pickup Ace Solid Waste 121 105th Ave. N.W. Minneapolis, Minn. Lofgren Sanitation 9100 Flanders St. Blaine, Minnesota By: Red Owl Stores, Inc By: Robert Snyder By: Glenn Wong By: Robert Snyder By: Robert Snyder By: William Weiss By: Dean Warden By: Harland Lofgren Approved By Police Chief Health Inspector Police Chie£ Health Inspector Police Chie£ Health Inspector Police Chief Health Inspector Police Chief Health Inspector Police Chief Health Inspector Police Chief Health Inspector Police Chie£ Health Inspector ykf� 1�� PAGE 23 Heating Ryan Air Conditioning, Inc. 9240 Grand Ave. So. Minneapolis, Minn. By: Thomas J. Ryan Plumbing Inspector MOTION by Councilman Liebl to approve the licenses as presented. Seconded by Councilman Kelshaw. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously. '�41�f� ..1 � �� REGULAR COUNCIL MEETING OF MARCH 15, 1971 ESTIMATES: Weaver, Talle & Herrick 6279 University Avenue N.E. Fridley, Minnesota 55432 February Retainers and for Services Rendered Boda Construction Company 11260 Buchanan Road N.E. Minneapolis, Minnesota 55433 PARTIAL Estimate #1 for the furnishing of labor and materials for the construction of the 24'X40' warming house and summer shelter building Comstock & Davis, Inc. Consulting Engineers 1446 County Road "J" Minneapolis, Minnesota 55432 PARTIAL Estimate #4 £or Sanitary Sewer & Storm Sewer Improvement Pro]ect #100 from February 1 through February 27, 1971 PARTIAL Estimate #10 for Water Improvement Pro7ect #95, Schedule B from February 1 through February 27, 1971 PAGE 24 ' $ 2,281.30 $ 7,128.OD $ 163.15 i � $ 1,840.92 MOTION by Councilman Liebl to approve payment of the estimates as presented. Seconded by Councilman Breider. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously. COMMUNICATIONS: A. ANOKA COUNTY SUPT.: BUNKER PRAIRIE PARK AVAILABILITY MOTION by Councilman Breider to receive the communication from the Anoka County Park Superintendent, David L. Torkildson, dated February 26, 1971. Seconded by Councilman Liebl. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously. Councilman Harris requested that this communication be referred to the Parks �and Recreation Department. B. NEW BRIGHTON- NO ROAD CONSTRUCTION PROPOSED AT THIS TIME: (FROM BORDER TO SILVER LAICE ROAD) : MOTION by Councilman Liebl to receive the communication from New Brighton Village Manager, Robert W. Schaefer, dated Eebruary 26, 1971. Seconded by Councilman Kelshaw. Opon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously. Mayor Kirkham questioned if Viewcon did not have the right to build a road on their own property. The City Attorney said that this road could be forced in. , REGULAR COUNCIL MEETING OF MA.RCH 15, 1971 i� � � W_ PAGE 25 , He thought they anticipated that this might happen. The City Engineer said that before the permit is issued, they would have to post a bond, and the road would have to be built according to Fridley standards. He said that he met with Viewcon and advised them to work with the Village of New Brighton. Their attorney is going to meet with the village attorney, so that he can advise the New Brighton City Council on what their stand should be and what riqhts they have. � C. REPRESENTATIVE FRENZEL: REVENUE SHARING MOTION by Councilman Harris to receive the communication from Representative Frenzel dated February 24, 1971. Seconded by Councilman Liebl. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously. Mayor Kirkham said that he did not subscribe to the theory of revenue sharing, but he would abide by the wishes of the Council. Councilman Harris asked what the County League of Municipalities has done. Mayor Kirkham said that they have taken no action yet. Councilman Harris asked that the Admina.stration offer their recommendation. Councilman Breider said that he would like to know the consequences o£ this free money. Is there a danger that it would be cut off some two years hence? A city might end up with a situation where a program is started, then they are unable to finish. He understood there were no strings attached_ Councilman Bxeider asked the Acting City Manager to research this and bring it back to the Council. � �: ..._ � . _. �..0 MOTION by Councilman Harris to receive the communication from Dr. Akbar dated March 6, 1971 along with the papers he submitted. Seconded by Councilman Liebl. Upon a voice vote, all voting aye, Mayor I:irkham declared the mdtion carried unanimously. Councilman Liebl said that the next night there is a meeting of the Locke Lake Association and Dr. Akbar should be in attendance. �. MINNESOTA ASSOCIATION OF ELECTRIC COOPERATIVES_ UTILITY REGULATION MOTION by Councilman Harris to receive the memorandum from the Minnesota Association of Electric Cooperative5, Jacob Nordberg, President, dated Maxch 1, 1971. Seconded by Councilman Kelshaw. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously. F. 1970 LIQUOR FINANCIAL REPDRT: MOTION by Councilman Liebl to receive the 1970 liquor financial report. Seconded by Councilman Kelshaw. 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 March 15, 1971 ad7ourned at 11:40 P.M R�ectfully submitted, �'.t G'E!,�� , ue�rcer Secretary to the City Council .Tack O. xirkham Mayor