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05/17/1971 - 00018125! la THE MINUTES OF TfIE REGULAR COUNCIL MEETING OF MAY 17, 1971 PLEDGE OF ALLEGIANCE: Mayor Kirkham led the Council and the audience in saying the Pledge of Allegiance to the Flag. INVOCATION: Reverend Bergren, Redeemer Lutheran Church, offered the Invocation. ROLL CALL: NIEMBERS PRESENT: Liebl, Harris, Breider, Kelshaw, Kirkham MEMBERS ABSENT: None APPROVAL OF THE MINUTES OF THE REGULAR COUNCIL MEETING OF MAY 3, 1971 MOTION by Councilman Liebl to adopt the Minutes of the Re�ular Council Meeting of May 3, 1971 as presented. Seconded by Councilman Kelshaw. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously. APPROVAL OF THE MINUTES OF THE SPECIAL PUBLIC HEARING MEETING OF MAY 10, 1971: MOTION by Councilman Harris to adopt the Minutes of the Special Public Hearing Meeting of May 10, 1971 as submitted. Seconded by Councilman Breider. Upon a voice vate, all voting aye, Mayor Kirkham declared the motion carried unanimously. ADOPTION OF AGENDA: Mayor K:Lrkham announced that the Council is in agreement that they are not ready to make a determination on Item #2, Special Use Permit for Shelter Homes, at this time and asked that it be put back on the Agenda Sune 7, 1971. He said that there was also a Masonry License to add for Jerry Eleagle. MOTION by Councilman Harris to adopt the Agenda as amended. Seconded by Councilman Liebl. Upon a voice vote, all voting aye, Mayor Kirkham declased the motion carried unanimously. Mr. O'Brien of Shelter Homes 7ust arrived at Yhe Meeting and Mayor Kirkham informed him that the Council had decided to defer action on his request until June 7, 1971. Mr. O'Bnen said that he had with hun Mr. Jerry Amundson, of Dayton Hudson Properties, to address the Council. Mayor Kirkham said that when they came to the Shelter Homes item, the Council would hear Mr. Amundson. VISITORS: Mr. Wayne Flentie, 5310 4th Street N.E., Sewer Line: Mr. Wayne Flentie said that he has talked to Councilman Liebl about his problem, and that he lives two houses from the corner. He said that he has lived in his house since 1945 and in 1957 he connected to City sewer. � i � �� REGULAR COUNCIL MEETING OF MAY 17, 1971 PAGE 2 � He had his own plumber run the line from the house to the street, and he used 6" tile. When the line was connected to the line in the street where there was only a 4" openinq and he was told at that time that it could not be changed. Since that time he has talked to the Director of Public Works and he said that it could have been changed at that time. He gets sewer backups in his basement, and so do his neighbors, and would like to have this checked out before the street with the curb and gutter is completed. He said that his plumber put in the line according to specifications at that time, and the plumber has since died. This problem with his basement has been going on for some time, and now is the time to correct it. Councilman Liebl said that this should be checked out before the street, curb and gutter go in. It seems the problem is in the City right of way• He has had sewer backups for some time and now is the time to correct it. This checking could be done in � day. The City should f�nd out if it is the City's fault and if it is not, offer pxoof of such to Mr. Elentie. The dagginq would be done on City property. MOTION by Councilman Liebl to instruct the Director of Public Works to investigate by digging down to see the sanitary sewer hookup and see where the problem is. Seconded by Counci]man Kelshaw. Mayor Kirkham commented that Mr. Flentie must understand that if it is found that the City is not at fault, he will have to pay for it. � THE VOTE upon the motion, being a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously. Mr. Winston Jacobson, 121 79th Way N.E., Beaver Dam: Mr. Jacobson said that he had talked to the Acting City Manager and also Councilman Breider. There have been beavers moving into the North Park area and building a dam which creates a ponding area. Two weeks ago someone tore out a portion of the dam and the beavers rebuilt it. Saturday someone had again taken out a poxtion of the dam and released most of the water. It appeared someone had gone in with a chain saw. There was a small sign on the premises which said: "Leave ditch alone, Propexty of Metro Sewer. You're flooding our MH's". He said that he called the Metropolrtan Sewer Board and talked to a numUer of people, Hut no one would admit having anything to do with it. They said that they were not aware of it and if it was done, it was done without their permission. FIe said that he would like to see the Council go on record as opposed to damaging the dam, and if the Metro Sewer Board is at fault, he asked that the City write them a letter asking them to desist. It seems it causes trouble with their manhole, so they should be asked to raise the manhole. The Acting City Manager said that this is in the area of the second application for the North Park, near the railroad tracks. The City now has an option on the property, but is not purchased yet. It appears the Metro Sewer people have taken out the dam. Councilman Breider asked if the pond causes any problems. � The Acting City Manager said that the manhole would have to be raised 2' - 4'. The City Engineer advised that it may be all right to have the beaver dam with the pond right now, but it would eventually affect the overall plans to drain the north area. It would be difficult to dxain the area and maintain the pond. Mayor Kirkham said that this may be true, but he would like to keep it as long �� REGULAR COUNCIL MEETING OF MAY 17, 1971 PAGE 3 as possible. He thought it would be simpler to raise the manhole, than to continually fight the beavers. When civilization moves in, the beavers will eventually move out. MOTION by Councilman Breider to instruct the Administration to write to the Metropolitan Sewer Board stating that Fridley would like to retain the natural environment as long as possible. Seconded by Councilman Harris, Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously. FIRST READING OE AN ORDINANCE AMENDING AND RECODIFYING SECTION 45.053� RELATING TO SIDEYARD REQUIREMENTS IN THE R-1 DISTRICT. The City Engineer said that this Ordinance sets a minimum o£ 10' on the living area side and 15' on the other side of a house on a 9,000 square £oot lot, with the condition that the 15' limit would not reduce the house front width to less than 40'. He explained that the Ordinance as it appears in the Agenda has the change made to the Code underlined. MOTION by Councilman Harris to approve the Ordinance on first reading and waive the reading. Seconded by Councilman Kelshaw. Upon a roll call vote, Liebl, I3arris, Breider, Relshaw and Rirkham voting aye, Mayor Kirkham declared the motion carried unanimously. CONSI➢ERATION OF SPECIAL USE PERMIT SP #71-05� SHELTER HOMES CORPORATION PERMIT FOR A MODEL HOME CENTER ON TARGET PROPERTY: Mr. Jerry Amundson, Dayton Hudson Properties, said that he had two comments to make to the Council. The first is that they have agreed to the use of the land on a temporary basis only. They do have lonq range plans calling for the use of the property. The second comment he would like to make is that he has spent a lot of time with Shelter Homes on this proposal, and added that Shelter Homes has done the same thing in Denver. The Shelter Homes concept is somewhat different and they are willing to invest a considerable amount on a temporary use. They are wa.11ing to landscape and he is assured that they will not run a shoddy business. REC�IVING THE MINUTES OF THE PLAIQNING COMMISSION MEETING OF MAY 5. 1971: 1. VACATION REQUE5T: SAV #71-02� JUSTER ETITERPRISES� INC.� LEONARD JUSTER� PRESIDENT: Vacate alley in Block 3 and Hickory Street betWeen Blocks 3 & 4, Onaway Addition. The City Engineer said that the Planning Commission approved this request for a vacation of street and alley subject to getting a cul-de-sac at the west end of 78th Avenue. MOTION by Councilman Harris to set the Public Hearing date for June 14, 1971 for the vacation request SAV #71-02 by Suster Enterprises, Inc. Seconded by Councilman Breider. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously. The City Engineer said that Items 2, 3, & 4 are still being considered by the Planning Commission and will be coming to the Council when the Planning Commission has made their recommendation. � � �� � � i �) REGULAR COUNCIL MEETING OF MAY 17, 1971 PAGE 4 5. REQUEST FOR SPECIAL USE PERMIT, SP #71-07, ANDIE HAUGEN: For swimming pools on Bob`s Produce Ranch property. C-25 zoning - Code 45.101, B3N The City Engineer reminded the Council that this item was taken care uf at the Council Meeting of May 10, 1971. 6. REQUEST FOR A SPECIAL U5E PERMIT, SP #71-06, RECREATION EQUIPMENT SALES, INC.: East 200 feet of south 60 feet� Lot 7, East Ranch Estates 2nd Addrtion. Zoned C-2S, vacant property, camping traa.ler sales and rentals. Code: Section 45.191 B-3N The City Engineer said that the applicant's withdrawal of his request was received by the Council at the Meeting of May 10, 1971. 7. REQUEST EDR SPECIAL USE PERMIT� SP #71-05, SHELTER HOME5 CORP.: Permit for six months trial basis, Model Home Center - garaqe to be sales office. C-25 zoning, Code- Section 45.101, B, 3N. Target Property. This a.tem was tabled to the Meeting of June 7, 1971 with the adoption of the Agenda. Items 8& 9 of the Planning Commission Minutes are still continued by the Planning Commission. MOTION by Councilman Breider to receive the Minutes of the Planning Commission Meeting of May 5, 1971. Seconded by Councilman Liebl. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously. RECEIVING THE MINUTES OF THE BUILDING STANDARDS - DESIGN CONTROL MEETING OF rv�Y 6, 1971: 1. CONSIDERATION OF A REQUEST TO CONSTRUCT AN ADDITION TO THE PRESENT BUILDING LOCATE➢ ON LOTS 2& 3, BLOCK l� NAGEL'S WOODLAN➢5, THE SAME BEING 960 OSBORNE ROAD, ERIDLEY, MINNESOTA. (REQUEST BY EOGENE BONNETT, 960 OSBORNE ROAD, FRIDLEY, MINNESOTA): The City Engineer said that this is an addition onto the Fridley Auto Body Shop. The addition will be the size of the present building and will be on the west side. The Building Board approved the permrt request sub�ect to the following stipulations; 1 2 3 � 4 5 That a couple of trees be planted on the northwest corner of the property and that Mr. Bonnett decide what type of trees he wants to plant and label them on his plan at the time the building pexmit is issued. If there is any exterior rubbish storage, screening will be required. The driveway eliminated on Osborne Road will be replaced with landscaping and curbing. All cars in need of body work will be kept behind the screened-in area. A 10' minimum radius on all entries and exits on the street edge wi11 be required. He added that the sidewalk is already in. � �� REGULAR COUNCIL MEETING OF MAY 17, 1971 PAGE 5 Councilman Harris questioned if the screened-in area will be large enough for the expanded business. Mr. Bonnett said that he thought so, if not, he will enlarge it. MOTION by Councilman Harris to approve the building permit for Eugene Bonnett, 960 Osborne Road sub�ect to the stipulations of the Building Standards - Design Control. Seconded by Councilman Breider, with the comment that Mr. Bonnett was doing a fine 7ob with his business. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously. 2. C�NSIDERATION OF A REQUEST TO CONSTRUCT A CHAPEL HOUSE LOCATED ON LOT 10� BLOCK 1, RICE CREEK TERRACE PLAT 1� THE SP.ME BEING 501 MISSISSIPPI STREET, FRIDLEY, MINNESOTA. (REQUEST BY FRIDLEY CH[7RCH OF CARIST� 1100 63RD AVENUE N.E., FRIDLEY, MINNESOTA): The City Engineer said that this is on the northeast corner of 7th Street and Mississippi Street. It is in R-1 zoning, but churches are allowed in R-1. The stipulations imposed by the Board are as follows: 1 2 3 4 That storm sewer be provided to tie into the City street as required by the Crty. The location is to be verified on site with the Engineering Department. That the parking spaces are changed from 19' to 20' excluding the center aisle of parking and adding 6 additional spaces to the west. That if an exterior refuse area is needed in the future, a screened- in area must be provided. Provide plans showing additional parkinq and the stairwell, if changes are made. The City Engineer said that there was some question regarding the stairwell, and if they decided to revise it, they were to submit their plans to the Building Inspection Department. Mayor Kirkham asked if the lot on the east side was not vacant. A representative from the Church said yes, they have bought that and also the lot on the west side which has a house on it. MOTION by Councilman Liebl to concur and grant the building pernut for Fridley Church o£ Christ subject to the stipulations as outlined above. 5econded by Councilman Kelshaw. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously. 3. CONSIDERATION OF A REQUEST TO CONSTRUCT A DEWATERING PLAIAT LOCATED ON LOT 26, AUDITOR'S SUBDIVISION NO. 39, FRIDLEY� MINNESOTA� THE SAME BEING 4300 MARSHALL STREET N.E., FRIDLEY, MINNESOTA. (REQUEST BY CITY OF MINNEAPOLIS. ROOM 221. CITY HALL. MINNEAPOLIS. MINNESOTA): The City Engineer said that this plant would be on Minneapolis' property along East River Road. Everything seems to be in order with the plans. MOTION by Councilman Liebl to grant the building permit to the City of Minneapolis for a dewatering plant. Seconded by Councilman Kelshaw. Upon a voice vote, all ayes, the motion carried. � � � �� REGULAR COUNCIL MEETING OF MAY 17, 1971 PAGE 6 � 4. CONSIDERATION OF A REQUEST TO APPROVE THE CONCEPT OF THE TOWNHOUSES, FINAL CONCEPT AND BUILDING PLAN APPROVAL FOR STAGE 1 OF THE TOWNHOUSES, AND CONCEPT APPROVAL ON THE APARTMENT BUILDINGS LOCATED ON THAT PORTION OF THE EAST � OF THE SOUTHEAST a OF SECTION 24, LYING NORTH OF INTER- STATE #694, FRIDLEY� MINNE50TA. (REQUEST BY VIEWCON, INC.� Ci901 OSSEO ROAD, BROOKLYN CEI�TER� MINbSESOTA): The City Enga.neer said that the Building Board considered concept approval of the apartment house and the townhouse development. The preliminary plans, when they are completed, will still have to go back to the Building Board, then to the Planning Commission for approval before they come before the CounciJ.. The final plans also have to follow this route. Viewcon is trying to use the topography such that as many trees as possible are saved. The grades will follow existing land contours. Councilman La.ebl said that he hoped that there would be more than one style of unit. The City Engineer said yes, they would have different types of units. Council.man Liebl said that he would like to look at their plans. The City Engineer said that the preliminary plans would come before the Council, they are only asking for concept approval at this time. Councilman Kelshaw asked about the road to Silver Lake Road. The City Engineer said that this would be a private easement and the agreement with Viewcon is that the City will not issue any building permit for the apartment complex until the City has a bond in thea.r possession assuring us of access• � They also have to build single family dwellings in con7unction with the multiples. MOTION by Councilman Kelshaw to approve the general concept of the buildings for Viewcon Inc., subject to further review by the Council when the pre- luninary plans are completed. Seconded by Councilman Liebl. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously. MOTION by Councilman Liebl to receive the N12nutes of the Building Standards, Design Control Meeting of May 6, 1971. Seconded by Councilman Harris. Upon a voiee vote, all voting aye, Mayor Kirkham declared the motion carried unanimously. Councilman Harris asked the status of the plans within the subcomn,ittees. The City Engineer said that the proposal has been to the Building Board and the Planning Commission, the Planning Commission sent it back to the Building Board for further review, then it will go back to the Planning Commission before it comes to the Council. RECEIVING THE MINUTES QF THE BOARD OF APPEALS MEETING OF MAY 11, 1971: 1. A REQUEST FOR A VARiANCE OF SECTION 56.05� 4, B1� FRIDLEY CITY CODE, TO INCREASE THE MAXIMUM SIZE EOR A SECOND FREE STANDING SIGN IN AN AUTO- MOBILE SERVICE ARF.A FROM 50 SQUARE FEET TO 78 SQUARE FEET TO ALLOW THE � ERECTION OF A SECOND FREE STANDING SIGN ON LOT 1, BLOCK 1, C.D. HUTCHINSON ADDITION, THE SAME BEING 7451 EAST RIVER ROAD N.E., FRIDLEY, MINNESOTA. (REQUEST BY SUPERIOR GULF CAR WASH, 7451 EAST RIVER ROAD, FRIDLEY, MINNESOTA): �� REGULAR COUNCIL NIEETING OF MAY 17, 1971 PAGE 7 The Ca.ty Engineer said that this request was to increase the ma�cunum size of a free standing sign in an auto servioe area by Gulf Car Wash on Osborne Road and East River Road. The Board of Appeals recommended approval subject to the removal of all non-conforming signs. MOTION by Councilman Harris to approve the variance requested by Superior Gulf Car Wash, as recommended by the Board of Appeals, subject to the removal of all non-conforming signs. Seconded by Councilman Breider. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unan�m.ously. The City Engineer said that Items #2 (Variance by Mr. John BachandJ and #3 (Variance by Mr. John Casserly) are still pending and will be considered further by the Board of Appeals before coming to the Council with a recommendation. 4. A REQUEST FOR A VARIANCE OF SECTION 56,05, 4, Bl, TO INCREASE THE MAXIMUM HEIGHT OF A FREE STANDING SIGN IN AN AUTOMOBILE SERVICE ARF.A FROM 25 FEET TO 46 FEET TO ALLOW THE ERECTION OF A FREE STANDING SIGN TO BE LOCATED ON PART OF THE N.W.a OF THE S.W. a OF SECTION 14� TOWNSHIP 30 NORTH, RANGE 24 WEST, ANOKA COUNTY, MINNESOTA, THE 521ME BEING 6490 UNIVERSITY AVENUE N.E, FRIDLEY MINNESDTA. (REQUEST BY THE AMERICAN OIL COMPANY, 1405 MELROSE AVENUE, MINNEAPOLIS, MINNESOTA 55426): The City Engineer said that this request was for a variance in height of a free standing sign in an automobile service area. The actual size of the sign is 53 square feet and the Board of Appeals recommended approval, with the height not to be more than 40 feet. The Board of Appeals also pointed out to the applicant that the present sign must come down. There is a traffic problem at the intersection of Mississippi Street and University Avenue and there is an additional lane needed on the south side of Mississippi Street for the third right turn lane. The understanding the City has with them is that they will give the City a total of 12 feet on the north side of their property for the third lane, and there will be no assessments. MOTION by Councilman Liebl to grant the variance approved by the Board of Appeals for American Oil Company suh7ect to their giving the City a 12 foot easement with the understanding there wzll be no assessment for the road. Seconded by Councilman Harris. Upon a voice vote, all voting aye, Mayor xirkham declared the motion carried unanimously. Mayor Kirkham saa.d that he noticed in the Minutes that Mr. Robert Ahonen has submitted his verbal resignation to the Board of Appeals. He asked that the Acting City Manager have a Certificate of Appreciation prepared for him. MOTION by Councilman Kelshaw to receive the Minutes of the Board of Appeals Meeting of May 11, 1971. Seconded by Councilman Liebl. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously. CONSIDERATION OF LICENSE APPLICATION - METRO 500 SERVICE STATION AT 8255 EAST RIVER ROAD: The Acting City Manager said that this is the service station previously owned by Favre's. There is a list of deficiencies on Page 28 of the Agenda � � � �J � � REGULAR COUNCIL MEETING OF MAY 17, 1971 PAGE 8 prepared by the Bua.lding Inspection Department that need to be corrected. Metro 500 is interested in purchasing the station sub�ect to the assurance that they can get a license if they correct the deficienmes. MOTION by Councilman Harris to grant a service station license sub7ect to Metro 500 correcting the list of deficiencies and ordinance violations. Seconded by Councilman Breider. The City Engineer said that so there is no misunderstanding, they cannot operate until everything is completed, inspected and certified. Until that time they cannot pump gas. There is a considerable amount of work to be done, the list in the Agenda is only the highlights. THE VOTE upon the motion, being a voice vote, all voting aye, Mayox Kirkham declared the motion carried unanimously. RECEIVING BID AND AWARDING CONTRACT - FIXTUR�S AND EQUIPMENT, OFF-SALE LIQUOR STORE: (Bids Opened 11:30 A.M., May l7, 1971) Bidder Display Eixtures Inc. 1966 Benson Avenue St. Paul� Minn. 55116 Surety Agricultural Ins. Co. So Bid Bond Net Price Delivery ➢ate $14,950.00 30 Days The Acting City Manager said that they did not have a fixm estunate, but when considering buildxng a new building, these items were estimated higher than this bid. Councilman Harris asked if there was any trade-in. The Acting City Manager said that his understanding was that they were considered of no value. There are some things the Park Department feels they can use. Councilman Harris asked that the Administration take everything that they feel can be used. The Acting City Manager said that there would be a new walk-in cooler built that is included in this price. The Purchasing Agent and Liquor Store Manaqer recommend awarding the bid to Display Fixtures Inc. MOTION by Councilman Harris to award the ba.d for fixtures and equipment for the off-sale liquor store on East River Road to Display Fixtures Inc. in the amount of $14,950.00. Seconded by Councilman Breider. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously. CONSIDERATION OF HOERNER WALDORF CORPORATION REQOEST REGARDING PARKTNG PAPER STOCK TRAILER BEHIND RED OWL: The Acting City Manager handed out pictures of the truck to the Council and said that the Fire Department had been talking to them about discontinuing use of their incinerator. They have now discontinued the use of it and pile bales of paper behind the store on the ground. Mayor Kirkham commented that they had received some complaints when they were usinq the incinerator and this would surely be an improvement. Councilman Harris asked if there would be screening from the street. Mayor Kirkham pointed out that the paper is stacked back there now with no screening. Councilman Harris said that he would like some visual barrier between there and i�lississa.ppi Street. Councilman Kelshaw questioned whether the truck would be an eye sore to the home owners in the area. Councilman Breider £elt that the truck would be an improvement over piles of paper. Councilman Harris suggested trying it £or six months,and see what the reaction is. " ) �� REGULA.R COUNCIL MEETING OF MAY 17, 1971 PAGE 9 MOTION by Councilman Breider to approve parking a paper stock truck behind Red Owl on a six month trial basis. Seconded by Councilman Liebl. MOTION AMENDED by Councilman Harris that the truck should be screened from view from Mississippi Street. Seconded by Councilman Kelshew. Upon a voice vote, all voting aye, Mayor Kirkham declared the amendment carried unanimously. THE VOTE upon the original motion, being a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously. DISCUSSION REGARDING IMPROVEMENT OF WEST MOORE LAKE DRIVE BETWEEN CAROL DRIVE AND BAKCR AVENUE: ST. 1971-1 AND ST. 1971�2: Councilman Kelshaw said that he was a home owner on West Moore Lake Drive, so would abstain from discussion. The City Engineer presented the plans at the Council table and asked that the Council decide if they wanted the road off-centered within the City right of way to provide for future sidewalks on the northwest side. Previously, after much discussion, the sidewalks were elaminated from this pro�ect, but room could be left within the right o£ way, should they ever be needed in the future. This would necessitate shifting the road about 5 feet which would take about three trees, one of which would have to be taken anyway. The trees are all within the right of way• MOTION by Councilman Harris to shift the roadway to the southeast, still within the City right of way, to allow for possiHle future sidewalks. Councilman Liebl said that the decision was made last year in regard to what to do about sidewalks for West Moore Lake Drive. Councilman Harris said that this would not change the City's position, it would �ust provide a space for future sidewalks, if they should become necessary. It is possible the home owners might change their minds in the future and it would be good planning to have room for them. Councilman Kelshaw said, speaking as a crtizen and property owner there, that the ma7ority have chosen no sidewalks. As a property owner he would not give up 5' of his land by condemnation willingly. He said there were three neighbors from the south side of the street present in the audience. They indicated a desire to see the plans for the street and came forward to the Council table to look at the plans and discuss them with the Council. They said that they were not in favor of shifting the nead 5' to the south. Councilman Harris asked what was the width of the street now, what will it be, and what is the right of way. The City Engineer said the present road is about 39', and the new street will be 46' and the right of way is 60'. One of the residents said that this would take al�out 4' of his yard. Councilman Kelshaw said that it was not his yard, but City boulevard area. One of the residents said that they never wanted the road, but they are getting it and have to pay for it. One of the other residents said that this will be a ma7or roadway with a lot of traffic. He said he wanted to see the road centered within the right of way. Mayor Kirkham calied for a second to the motion, received none and declared the MOTION DIED FOR LACK OF A SECOND. � � ' `^ � REGULAR COUNCIL MEETING OF MAY 17, 1971 PAGE 10 The City Engineer said under this same pro�ect there is an alley between 4th and 5th Street, between 54th Avenue and I. 694 Outer Drive that the Council authorized paving. Some of the residents did not want the whole alley paved, and he wanted it understood that the Council did authorize the whole alley in the project and it has been bid as such. Councilman Liebl said th�t the Council wanted the alley paved to provide access for picka.ng up garbage. Councilman Kelshaw asked about storm sewer in regard to upgrading West Moore Lake Drive. He would not want the street torn up again. The City Engineer said that the drainage would go to Moore Lake. In 1966 they worked with the Highway Department to hook onto their system. The present system will take care of all drainage at this time. He added that the only reason the street would have to be torn up would be in the event of water or sewer main breaks. CONSIDERATION OF CLEANUP OF LITTER AROIIND SKYWOOD MALL: q1z�,� CLARIFICATION OF PERMISSIBLE GRADE AND SEPARATION REQIIIRED BETWEEN COPIMERCIAL AND 12-1• Councilman Kelshaw said that he had asked that this be put on the Agenda. � Mayor Kirkham said that it appeared that this would be an Administrative problem, if there were violations of the ordinances. Councilman Kelshaw said that he has had more complaints on the general up-keep of Skywood Mall. When an industry or business comes into Fridley they must landscape, provide adequate parking with blacktopped areas etc. This is not 4:he case around Skywood Mall. Ae said that he understood that because of financial reasons, the owner did not make the improvements. He wanted to know if this a.s allowed, ar if it is not a violation to allow dirt piles, trenches, holes in the parking lot and having cars parked within 2 feet of the exit door. The City Engineer explained that the City Code has been updated considerably since the building was built. The City does have some leverage at the time the Council is asked to approve special licenses, variances, etc. This is the time to emphasize that the property must be taken care of. Mr. Mortenson only does '� of what the City tells ha.m to_ He has previously been asked to do some work, but he says that he is losing money, and his financial condition does not allow him to do the work. There were three residents visiting the Council Meeting from behind Skywood Mall, and one of them said that they have been fighting Mr. Mortenson for six years now. Mayor Kirkham explained to them that a lot of the things the City requires of new businesses do not apply to those already in existance, as they were qrandfathered in. When Mr. Mortenson comes in to ask for special favors of the City, this is the time we can crack down. � One of the residents asked if it was not a requirement that there be a 20 Poot buffer zone. Councilman Liebl said that as to the grade required between commercial and R-1, there should be a buffer zone. The man owning a commercial piece of property must pxovide a buffer zone. This has not been done. He said that he went up there a few days ago and the water running down the hill is causing one of the residents to lose his yard. One of the residents said that he even appealed to Action News. The area behind the store is nothing but a pig pen. ,`� !a KEGULAR COUNCIL MEETING OF MAY 17, 1971 PAGE 11 A tenant of Skywood Mall said that he rents 2,000 square feet from Mr. Mortenson and he has never seen such an unconcerned landlord. There are leaky faucets, faulty heating etc. He said that he was tired of his ex- cuses. He said that there was a lake on the north side. He said that he went so far as to collect all the debris Mr. Mortenson is responsible for, put it in a pile and started it on fire to see what would happen. Sure enough, within an hour the Fire Chief told him he could not burn and a fire truck came out to put out his fire. He said that he did not feel that he should have to pay a garbage hauler to haul the debris Nlr. Mortenson should take care of. He said that he would welcome being arrested £or polluting, going to court, and they would 7ust see who was really the guilty party. The City Attorney said that the City can prosecute for violation of ordinances. The neighbors have certain rights they can enforce that the City does not have. This is the difference between civil law and criminal law. The City cannot prosecute because the yards are Heing eroded, this would be the resident's action. As to the littering and other violatlons of the ordinances, the City can prosecute. The problem of the leaky faucets etc. is between the tenant and the landlord. The tenant asked what you do when you have an irresponsible landlord, he 7ust does not care. Councilman Harris asked if he appeared in Municipal Court, what is the fine and what further can be done. He does do minimal work, but yt does not stay that way. It could become a financial drain if he were to continue being ordered to appear in court and fined. The City Attorney said the fine is a maximum of $300 or 90 days in 7ai1 for each violation. It could be ruled that every day in violation is a separate violation. There was some discussion of whether, at the time the building permit was issued, there were any stipulations attached. This is to be researched to see a.f there were any, and if they haxre been complied with. MOTION by Councilman Harris to instruct the Administration to prepare a list of deficiencies and violations of the existing ordinances and order them corrected, and if they are not, he is to appear in Municipal Court and let the �udge render a �udgment. Councilman Liebl said that there is a steep hill behind the Mall and it is impossible to keep grass growing there. He asked how can the buffer zone be enforced. The City Attorney said that this should have been taken care of when the permit was issued. The Council should have taken a stronger look at the grade. One of the residents said that it has been six years, and nothing has happened. There was a buffer zone required six years ago. The City Attorney said that there would be no sense in his taking NLr. Mortenson to court on that charge as his building was built according to the requirements at that time. It did not say that the buffer zone had to be flat and there is 20 feet there. If at some time later the City upgraded the requirements, the City cannot take him to court now. The City Attorney suggested putting in a concrete gutter to collect the water, so that it does not wash out so badly. The City Engineer said that there were complaints on this five years ago. The washing out is not as bad as it was previously. The problem here is more littering, bad maintenance, and generally poor upkeep of the area. The City Attorney asked that the Building Inspection Department compile a list and he will pro- secute. ,� � � � � � REGULAR COUNCIL MEETING OF MAY 17, 1971 PAGE 12 One of the residents asked if a new law is passed, cannot the Crty make the existing shoppinq centers comply. The Mayor answered no, they are grand- fathered in, and anythinq in existance at the time the law is passed, they do not have to change. The City Attorney said that the only conditions where they would have to abide by the new law is if the public health and welfare is endangered. One of the residents said that he lived behind the Car Wash and the back of the building and lot is so filthy, he does not want his guests to sit in his back yard. He said if he put up a fence it would have to be about 1� feet on his land because of the drop-off. He asked why he should have to give up his land for the Car Wash. There are telephone lines there, so there must be an easement. The telephone company would have to go on his property if there was ever any repairs to be made because of the steep slope. The City Attorney asked what was the condition of the property before the shopping center was put in. The resident said that it was a gently slope all the way to Moore Lake. The hill was cut into to put in the shopping center. Councilman Harris sa�d that if the buffer zone is not according to the ordinance, the City can do something about that. The C�ty Attorney said that the ordinance says the building must be so many feet from the property line, it does not specify that it must be flat. If he meets the ordinance, he is not in violation and the City could not prosecute, but the people could, under a civil action. He asked that the residents make an appointment to see him if they wish an in�unction against him. A resident asked if Twin City Federal could not be made to put up a screen. Councilman Harris asked if he was an abutting property owner and the resident said no, and added that when he lived in Blaine, businesses had to put up a fence to block the view. Mayor Kirkham said that he did not feel that this would be a reasonable request to put up a screen to block from his view. The resident asked about the Speedy Car Wash then, could that not be screened. The Council informed him that would be checked out by the Administration. THE MOTION was seconded by Councilman Kelshaw. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously. CONSIDERATION OF CLAIM FOR SEWER DAMAGE, MR. HAPKA, 281 57TH PLACE N.E.: MOTION by Councilman Liebl to approve payment of a claim £or damages because of a sewer backup for Mr. Max D. Hapka, 281 57th Place in the amount of $25. Seconded by Counmlman Harris. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously. RECEIVSNG SURVEY REPORT - RIVERVIEW HEIGHTS AREA: Councilman Breidex said that he had asked for this report, and it seems to be complete. It outlines the cost figures in regard to assessments. He said his reason for asking for this report is so that everyone on the Council has one set o£ figures to quote from and use as a reference in all future discussions. MOTION by Councilman Breider to receive the survey report on the Riverview Heights area. Seconded by Councilman Liebl. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion mrried unanunously. �� �� REGULAR COUNCIL MEETING OF MAY 17� 1971 RECEIVING REPORT REGARDING TRAFFIC STUDY ON c�ACKSON STREET: PAGE 13 Councilman Breider said that this repart was prepared in response to a petition by residents asking for a stop sign on Jackson Street and 75th Avenue. The Administration's recommendation is for pedestrian waxning signs and crosswalk lines. He said that he had talked to the originator of the petition and explained the recommendation of the Engineering Depart- ment and they are willing to go along with the recommendation. He said he would like to have the Police Department patrol the area more thoroughly for the next three months, and at the end of that time subma.t a report. MOTION by Councilman Breider to receive the survey report on the question of the stop sign for Jackson Street, and concux with the recommendation of the City Engineer as outlined in his memorandum CM #71-04 dated May 12, 1971. Seconded by Councilman Liebl. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously. RESOLUTION #59-1971 - A RESOLUTION RECEIVING THE PRELIMINARY REPORT AND CALLING A PUBLIC HEARING ON THE MATTER OF THE CONSTRUCTION OF CERTAIN IMPROVEMENTS: WATER, SANITARY SEWER AND STORM SEWER PROSECT NO, 102: The City Engineer handed out the Preliminary Report and commented that this pro7ect covers a large area and will be an expensa.ve system to put in. MOTION by Councilman Harris to adopt Resolution #59-1971 and receive the Preliminary Report. Seconded by Councilman Liebl. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously. APPOINTMENT: BOI�RD OF APPEALS: (ROBERT AHONENJ MOTION by Councilman Harris to table consideration o£ filling the vacancy of Mr. Robert Ahonen on the Board of Appeals to the Meeting of Sune 7, 1971. Seconded by Councilman Liebl. Upon a voice vote, all voting aye, Mayor Ka.rkham declared the motion carried unanimously. CLAIMS: MOTION by Councilman Harris to approve payment of General Claims #25117 through #25256 and Liquor Cla�ms #5583 through #5645. Seconded by Councilman Breider. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously. LICENSES- Councilman Kelshaw questioned the service station license application by Speedy Car Wash, 5201 Central Avenue N.E. and said that this is the car wash complained of in the discussion regarding Skywood Mall. There are several posts with signs on them in back of the building. This is the eye sore complained of and he suggested that the license be withheld until it is cleaned up. The Acting City Manager said that the Building Inspector was sent out and they were not advertising signs. The City Engineer added that the area needs upgrading and showed the Council pictures taken of the area. He added that there are letters on file asking them to comply stating that if they do not, the license will be withheld. � � � I� ' REGULAR COUNCIL MEETING OF MAY 17, 1971 PAGE 14 MOTION by Councilman Kelshaw to grant the following licenses and withhold the service station license for Speedy Car Wash, 5201 Central Avenue N.E. Seconded by Councilman Lieb1. Upon a voice vote, a11 voting aye, Mayor Kirkham declared the motion carried unanimously. Mayor Kirkham asked that Speedy Car Wash be infozmed why their license was withheld. Cigarette Bob's Standard Station 5811 IIniversity Ave. Fridley, Minnesota Phillips 66 5667 University Ave. Fridley, Minnesota Steiger & Gertzen Garage 6519 Hwy. 65 Fridley, Minnesota Stav's Superette 6319 Hwy. 65 Fridley, Minnesota East River Road Garage 6501 East River Road Fridley, Minnesota Reserve Supply Co. 5110 Main St. Fridley, Minnesota Kurt Mfg. 5280 Main St. Fridley, Minnesota Shaddrick - LaBeau American Legion Post 303 6319 Hwy. 65 Fridley, Minnesota Gary's Shell 6101 University Ave. Fridley, Minnesota Livestock � Theodore Theilmann 1540 Rice Creek Road F=idley, Minnesota By: ➢.K. Carter Co By: Pioneer Distributing By: Pioneer Distributing By: Robert Stavanau By: Michael Zgodava By: SirVend, Inc. By: SirVend, Inc. By: Henry Peterson By: Gary Longerbone By: Theodoxe Theilmann Approved By Police Chief Police Chief Police Chief Police Cha.ef Police Chief Police Chief Police Chief Police Chie£ Police Chief Euilding Inspector � �� ill� REGULAR COUNCIL MEETING OF MAY 17, 1971 LICENSES CONTINUED: Livestock Phillip Willson 401 Ironton Street Fridley, Minnesata By: Phillip Willson Anton Treuenfels 5248 Horizon Drive Fridley, Minnesota By: Anton Treuenfels Sally Erkel 567 Rice Creek Terrace Fridley, Minnesota By: Sally Erkel Solicitors Youth Opportunities Unlimited 2727 Lyndale Ave. So. Minneapolis, Minn. By: Michael Goodin Service Station East River Road Garage 6501 East ltiver Road Fridley, Minnesota By: Michael Zgodava Bob's Standard Station 5311 University Ave. Fridley, Minnesota By: Robert Rich Bill's Service 3709 Marshall St. Fridley, Minnesota By: William Svetin Food Establishment Harems Carom 6269 University Ave. Fridley, Minnesota By: Patrick Collier Slacktopping A.B.C. Blacktop Company 1308 Main Street N.E. Minneapolis, Minnesota By: James Turpin United Asphalt Company 331 Coon Rapids Boulevard Coon Rapids, Minnesota By: Gary Anderson Page 15 Approved By Buildang Inspector Building Inspector Building Inspector Police Chief Fire Inspector Building Inspector Fire Inspector Building Inspector Fire Inspector Building Inspector Health Inspector Building Inspector Building Inspector � � � � � � REGULAR COUNCIL MEETING OF MAY 17, 1971 LICENSES CONTINUED: Excavating Kadlec Excavating Inc. 724 Main Street N.W. Anoka, Minnesota By: Donald Kadlec Gas Service Gas Supply Inc. 2238 Edgewood Ave. So. Minneapolis, Minnesota By: T.D. Gustafson Company 1800 West Highway #13 Busnsville, Minnesota Sy: Roy T. Gusta£son Clarence E. Nelson Htg. & A/C 200 West Hayden Lake Road Cahmplin, Minnesota Sy: Clarence E. Nelson General Contractor Carlson-LaVine inc. 2831 Aldrich Ave. So. Minneapolis, Minnesota By: Erick LaVine Inter Crty Builders 2500 Murray Avenue N.E. Minneapolis, Minnesota By. Joe Shun Mar-Son Construction 5219 Wayzata Boulevard Minneapolis, Minnesota By: Jerry Benson Mork & Associates, Inc. 1525 Glenwood Ave. North Minneapolis, Minnesota By: R.W. Mork Ryan Construction Company of Mynn. Inc. 5400 Metro Boulevard Eclina, Minnesota By: Timothy McGray Hugo Skrandies Construction 195 Hugo Street Fridley, Minnesota By: Hugo Skrandies White Oak Builders 5114 Long Lake Road Y3.W. New Brighton, Minnesota By: Robert A. Carlson Derksen Builders Inc. 3936 Cleveland Street N.E. Columbia Height5, Ma.nnesota By: Alvin L. Derksen PAGE 16 Approved Sy Building Inspector Plumbing Inspector Plumbing Inspector Plumbing Inspector Building Inspector Building Inspector Building Inspector Building Inspector Building Inspector Building Inspector Building Inspector Building Inspector �� � �� REGULAR COUNCIL MEETING OF MAY 17� 1971 LICENSES CONTINUED: Heating Clarence E. Nelson Htg. & A/C 200 West Hayden Lake Road Champlin, Minnesota By: Clarence E. Nelson Masonry Carl R. Hanson 3809 Buchanan Street N.E. Minneapolis, Minnesota Bys Carl R. Hanson R.W. Soderstrom Company 6820 Brookview Drive N.E. Minneapolis, Minnesota By: R.W. Soderstrom Jerry Fleagle Concrete & Masonry 4701 Nevada New Hope, Minn. 55428 By: Jerry Fleagle ESTIMATES: Weaver, Talle & Herrick 316 East Main Street An.oka, Minnesota For professional services rendered, May Billing Comstock & Davis, Inc. Consulting Engineers 1446 County Road "J" Minneapolis, Minnesota 55432 EINAL Estimate #2 for the furnishing of Professional Engineering Services for Sanitary Sewer & Water Improvement Pro7ect No. 93 For the furnishing of resident inspection & resident supervision for the staking out of the construction work on: Street Improvement Pro�ect St. 1970-1 from April 26 through April 30, 1971. Partial Estimate #1 Water Improvement Pro�ect #95, Schedule B from March 29 through April 30, 1971. Partial Estimate r�12 Sanitary Sewer & Storm Sewer Improvement Pro�ect #100 from March 29 through April 30, 1971. Partial Estimate #6 PAGE 17 Approved By Plumbing Inspector Building Inspector Suilding Inspector Building Inspector $2,345.00 $2,010.81 $ 200.82 $1,764.58 $ 108.97 ' � ' �) � REGULAR COUNCIL MEETING OF MAY 17, 1971 PAGE 18 � Sanitary Sewer & Water Improvement Pro7ect #93 from July 11, 1970 through October 31, 1970• Partial Estimate #13 $1,701.00 MOTION by Councilman Harris to approve payment of the estimates as submitted. Seconded by Councilman Breider. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously. A. VFW POST #363: MEMORIAL DAY PARADE: MOTION by Councilman Liebl to receive the communication from VFW Post #363 dated April 3D, 1971 and grant permission for the parade Memorial Day. Seconded by Councilman Kelshaw. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously. B. MINNESOTA HIGHWAY DEPARTMENT: TRAFFIC SIGNAL AT RICE CREEK ROAD AND HIGHWAY #65: The Crty Engineer said that the Council has wanted a signal at T.H. #65 and 61st Avenue, but they did not want 63rd Avenue closed off. The Highway Department is going to put in the signal and leave 63rd open and make a study, and if the accident record does not improve, they will close it. � The procedure for splitting costs is the standard agreement. MOTION by Councilman Harra.s tc receive the communication from the Minnesota Highway Department dated May 6, 1971 and concur. Seconded by Councilman Liebl. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanunously. C. MINNESOTA HIGHWAY DEPARTMENT. DETOUR ON T.H. #47 FOR BRIDGE REPAIRS: The City Engineex said that this detour is in Minneapolis and for about two months traffic will be detoured onto T.H. #65, then back onto University Avenue. There will be no Fridley streets used. MOTION by Councilman Harrls to receive the communication from the Minnesota Highway Ltepartment dated April 27, 1971. The motion was seconded and upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously. CONSIDERAT7.ON OF CONTINUED OPERATION OF NORTiIERN AUTO PARTS, 73RD AVENUE AND CENTRAL AVENUE NE•: The City Attorney said that he asked that this be put on the Aqenda. There is a buyer interested in purchasing Northern Auto Parts, presently owned by Roger Gilcrist. He felt that before the property is purchased would be the time to discuss a number of deficienca.es that should be corrected. The City � Engineer said that this is M-1 zoning and all �unk car yards must be within a fenced-in area, and require a special use permit. Councilman Harris said that this would be a non-conforming use. The City Attorney said that they do not have a special use pexmit now as they started their business before it was required. �)� REGULAR COSINCIL MEETING OF MAY 17, 1971 PAGE 19 Councilman Harris said that he hoped that the land would be made available for industrial use, He asked if they plan to maintain an auto parts business. The City Attoreny said that the prospective buyer wanted to come before Council to discuss it, and he advised him that first the property should be checked so he can be advised of what work needs to be done. As to their plans, he thought that the buyer was a used parts dealer. Councilman Harris said that the buyer should agree that with a change in ownership, a special use permit is required. He would like to have a termination of the special use permrt discussed, or some specific timetable for the use of the property. MOTION by Councilman Liebl to receive the communication to Virgil Herrick from Fred Burstein of the Law Offices of Burstein and Reidenberg, dated May 10, 1971. Seconded by Councilman Harris. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanunously. CONSIDERATION OF RETURN OF EASEMENT, 1641 GARDENA AVENUE: (LORRAINE KUSCHKE) The City Attorney refreshed the Counca.l's memory on this item by saying that Mrs. Kuschke came before the Council requesting that the City accept a public easement to her house so she could get FHA financing. Then the financing fell through and now she wants the easement back, If the Engineering Department does not see any need for it, it could be quit claimed back to her. MOTION by Councilman Kelshaw to authorize the return of the easement for ` 1641 Gardena Avenue back to Mrs. Lorraine Kuschke. Seconded by Councilman Liebl. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously. RESOLUTION #60-1971 - A RESOLUTION URGING PAS5AGE OF HOU5E FILE #1272 AND COMPANION SENATE BTLL RELATING TO THE USE OF THE 1970 CENSUS FOR THE DISTRIBU- TION OF CIGARETTE� LIQUOR AND SALES TAXES: MOTION by Councilman Liebl to adopt Resolution #60-1971. Seconded by Councilman Kelshaw. Upon a voice vote, all voting aye, Mayar Kirkham declared the motion carried unanimously. APPROVAL OF LEASE AGREEMENT BETWEEN BURLINGTON NORTHERN AND CITY OF FRIDLEY FOR PART OF LOT 3� AUDITOR'S SUBDIVISION #79: MOTION by Councilman Liebl to approve the agreement and authorize the appro- priate signatures. 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 I:irkham declared the Regular Council Meeting of May 17, 1971 ad�ourned at 9:30 P.M. Respectfully submitted, �C.__��,l.J�%iG�-��'/F� `� i; - �� Juel Mercer Secretary to the City Council � � i1 +' � � r I' ��; �,�'> �1�'�P� <<,.. ,f Jack 0. Kirkham J Mayor , �_� '