06/07/1971 - 00018097��e�
� THE MINUTES OF THE REGUI�R CO[J�CIL MEETING OF JUNE 7, 1971
PLEDGE OF ALLEGIANCE:
Mayor ICirkham led the Council and the audience in saying the Pledge of Alleqiance
to the Flag.
INVOCATION:
Reverend Bergren, Redeemer Lutheran Church, offered the Invocation.
Mayor Kirkham called the Regular Council Meeting of June 7, 1971 to order at
7:50 P.M.
ROLL CALL:
MEMBERS PRESENT: Breider, Kelshaw, Klrkham, Liebl, Harris
MEMBERS ABSENT: None
PRESENTATION OF AWARD:
Mayor Kirkham presented the Certificate of Appreciation to Mr. Robert Ahonen
£or his service on the Board of Appeals £or about four years.
� APPROVAL OF THE MINUTES OF THE REGULAR COUNCIL MEETING OF MAY 17, 1971:
MOTION by Councilman Liebl to adopt the Minutes o£ the Regular Council Meeting
of May 17, 1971 as presented. Seconded by Councilman Kelshaw. Upon a voice
vote, all voting aye, Mayor Kirkham declared the motion carried unanimously.
ADOPTION OE AGENDA:
Mayor Kirkham added the following items to the Agenda:
F. Under Communicationsn Letter from General Television Regarding Cable T.V.
License for General Contractor for Olympic Construction Company.
Appointment of City Manager.
MOTION by Councilman Liebl to adopt the Agenda as amended. Seconded by
Councilman Kelshaw. Upon a voice vote, all voting aye, Mayor Kirkham declared
the motion carried unanimously.
NOTE: During the course of the Meeting the following items were added by the
Council:
Sale of Shorewood.
Resolution in Opposition to the Rezoning of Durnam Island.
� Consideration of Rock & Roll Dance to be held at Columbia Arena.
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REGUL�AR COUNCIL MEETING OF JUNE 7� 1971
PAGE 2
VISITORS: �
Mx. Harold Sullivan, 522 66th Avenue N.E.: Church of Christ to be located
at 7th Street and MississiPpl Street:
N1r. Sullivan said that he had �ust learned last week that there is to be a
church built on the corner of 7th Street and Missisippi Street. He sazd that
he was the ad�acent residential property owner. He felt that there were some
problems that should be resolved. He understood that it was to be filled in
and a storm drain provided. The main pxoblem, he believed, was that the
parkzng is to be behind the church next to the residentlal property. He
felt that it should be provided in the fxont as was done with Hayes School.
He questioned whether an individual home owner would be allowed to put his
garage in the back yard. A fence for the residents' pr.ivacy would be an
additional expense to the church that could be eliminated if the parking were
in front. He said he would like some consideration given to a different plan
for the church parking. It would save them money and ensure the residents
privacy.
Councilman Liebl read the stipulations imposed from the Minutes of the May
17th Meeting, and added that the zoning is residential, and churches are allowed
in R-1 zona.ng. They met the Code requirements, so a building permit could not
be refused.
The City Engineer said that they must provide protection £or the neighbors, '
however, the Crty cannot dictate how an owner should improve his property
as long as they meet the Code. He added that Fridley does allow garages in
the back yard. Councilman Breider suggested that he contact the Church people.
The City Engineer added that the building permit has not been issued as yet,
and so this can be resolved. Mr. Sullivan said that he wished he had had a
part in the original plans. The Crty Engineer said that rt is not too late.
Mr. Sulla.van said that no one has approached him, yet his privacy is affected
by this parking. The City Engineer asked him to contact the Church. He was
sure the Church would not want the neighbors unhappy. He should be able to
work sometha,ng out with them.
Councilman Liebl explained that he was not notified as there was no rezoning
involved, no variances needed, and rt was simply a matter of taking the plans
to the Building Standards - Design Control Subcommittee. They complied with
all the City's requirements.
Helen Treuenfels, 5248 Horizon Drive: Complaint on Vnsightly Area:
Mrs. Treuenfels said that she must complain about the City issuing a permit
for a carnival in a City dump. (Area west of Holiday Village North, on Main
Street). She came forward and passed out pictures to the Council, and said
that the bottom layer of the trash is City trash such as chunks of concrete,
tree trimmings etc. This is right where the cars are parked. She said that
when she came back to her car after the carnival there were some children
playa.ng in it. This is not a good image for the City o� Fridley. She went �
by there today and asked if, when they are cleaning up after the carnival,
they were going to haul away that trash too, and she was told that it was
there when they came and it will be there when they leave.
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REGULAR COUNCIL MEETING OF JLINE 7, 1971 PAGE 3
� MOTION by Councilman Liebl to turn the pictuzes over to the Building Inspection
Department and have them follow up on this. Seconded by Councilman Kelshaw.
Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried
unanamously.
Mrs. Treuenfels said that she wanted the pictures back. Councilman Liebl said
that they could be returned when the Building Inspection Department was done
with them. He added that there are other open space areas where there is a
similar situation.
Douglas Osieczanek, 101 Crown Road: Damage to Trees:
Mr. Osieczanek said that he would like to find out what is going to happen with
his claim far damages for his trees. He was advised that he did not report
within 30 days. He stated he had called the Mayor and Councilman Liebl on
Thanksgiving and he was not advised that his claim had to be in wxiting and
filed withln 30 days. He felt that it was up to the City to cover what the
insurance company refused to pay.
Councilman Liebl said that he was Mr. Osieczanek's Councilman. He said that he
told him to appeax before the Council, then his claim was turned over to the
Administration. The City did follow through on it, and read the letter £rom
the insurance company dated May 6th, 1971, stating that his claim for damage
in November was refused because of the 30 day written notice stipulation, but
� the claim of the tree damaged in January was paid in the amount of $35. Ae
then read the memorandum from the Acting City Manager dated May 27, 1971. He
said that it is now up ta the Council whether to reimburse him the difference
between the $35 zeceived and the $82.50 clauned.
Mr. Osieczanek saa.d that he had called the Public Works Department and was told
to wait until spring. Councilman Liebl said that he had told him to contact
the City Manager and to file a claim on �t. The City does not have any proof
that it was the City plows that did the damaqe to his txees. Mayos Kirkham
said that when Mr. Osieczanek called him on Thanksgiving, it was no� a regular
office day. It did not constitute enough notice to satisfy an insurance
company and he was still obligated to contact the City Manager ox son�eone in
authority at City Aall. Mr. Osieczanek asked why he was not informed he had to
submit a written notice within 30 days. Mayor Kirkham said that a man driving
a snowplow is not charged with knowing the policy o£ insurance companies.
Mayor Kirkham asked if the trees are on part of the County right of way. Mr.
Osieczanek said no, they are 28" from the curb and the County owns 24".
Councilman Liebl said that he felt that he should be reimbursed, even though it
is not known whether it was City plows or County plows that damaged the trees.
If his motion carries for reimbursement for the trees, he asked that he plant his
replacements farther back, so the City is not asked constantly for reimbursement.
Mr. Osieczanek said that he pays taxes on all his property. If that is the case,
the City can pay a storage tee for the snow storage. Counciiman Liebl said that
� the reason this man planted the trees is for a wind break and to cut down on
the traffic noise from Main Street.
- The City Engineer said that there is no problem with the City streets, the
problem is with �he County road. Both the City and County plow this road.
They chose to build the road close to the property line. If the County wants to
REGULAR COUNCIL MEETING OF JUNE 7, 1971 PAGE 4
get an easement, that should be their responsibility. Mr. Osieczanek said that '
it was not the County plows, but the City plows, as he saw them, The County
has cooperated, but the City truck driver said that there was no where else
to put the snow. Councilman Kelshaw asked about hauling the snow away. The
City Engineer said it is not practical because of the reoccuring expenses.
Mr. Osieczanek then complained of getting salt on his yard and killing his grass.
The Crty Engineer said that when the plows plow the snow off the roadway it
goes in the yard. If he wants to protect his trees, he should plant them 5' -
6' from the curb so there will be no further damage. Mr. Osieczanek said that
he should have the right to do as he pleases on his own property that he pays
taxes for.
Councilman Liebl asked the City Attorney if it would be proper to authorize
paYment on the additional $47.50 which is the difference between the $35 paid
by the insurance company and the claim of $82.50. The City Attoreny replied
yes, if the Council is satisfied that what Mr. Osieczanek states is so.
MOTION by Councilman Liebl to authorize payment of $47.50 to Mr. Douglas
Osieczanek with the stipulation that the replacements be planted further back
from the curb to avoid £urther damage, and further with the understanding the
Council will not entertain any further claims for the trees now placed so close
to the curb. Seconded by Councilman Harris. Upon a voice vote, all voting aye,
Mayor Kirkham declared the motion carried unanimously.
Mr. Osieczanek said that if the City will not consider any future claims for �
the trees now planted, he will have to resort to a law suit.
ORDINANCE #480 - AN ORDINANCE AMENDING AND RECODIFYING SECTION 45.053� RELATING
SIDEYZaRD REQUIREMENTS IN THE R-1 DISTRICT:
MOTION by Councilman Harris to adopt Ordinance #480 on second readxng, waive the
reading and order publication. Seconded by Counezlman Kelshaw. Upon a roll
call vote, Harris, Breider, Kelshaw, Kirkham, and Liebl voting aye, Mayor Kirkham
declared the motion carrzed unanimously.
CONSIDERATION OF SPECIAL USE PERMIT SP #71-05, SHELTER HOMES CORPORATION.
PERMIT FOR A MODEL HON1E CENTER ON TARGET PROPERTY: (Tabled 5-17-71)
Councalman Harris said that the request is for szx months, yet in the letter in
the Agenda (Page 5) there is reference made to an 18 month term.
Mr, O'Brien of Shelter Homes Corporation said that they have a six month contract,
but the feasibilrty of the lattd being available to them for longer than 18
months does not seem great. An analysis will be made after six months and if it
seems advisable, they would request another six months, but they did not believe
they would be there for longer than 18 months. Counczlman Harra.s asked what if
they wanted to move the house out after six months. Mr. O'Brien said that the
home will be built in two sections, but thep have been assured by a local
house mover that the home they plan to build can be moved out of the Target '
area, even if rt were not split. Councilman Harris asked if Shelter would be
willing to deposit money in escrow to take care of any cleanup that may be
necessary. If it is not needed, it will be returned. Mr. O'Srien said they
wouZd be willing to do this.
REGULAR COUNCIL MEETING OF JUNE 7� 1971 PAGE 5
� Councilman Kelshaw asked if they could build a home in Fridley up to speci-
fications. Mr. O'Brien said yes. Councilman Liebl said that it stated in the
letter that the market value would be $16,000 to $50,000, and asked if this
would include the land. Mr. O'Brien said yes. Counci7man Liebl said that
there was a large market for homes in the northern area, and asked what the
avexage home would wst. Mr. O'Brien said that they anticipated a large
market for the type of home outlined in their letter which is a 1060 square
foot home, in the $20,000 bracket. Councilman Liebl asked if there would be
full basements and Mr. O'Brien said yes. Councilman Breider asked, concerning
the financial guarantee, if there is a dollar limit set for the completion of
a home. Mr. O'Brien said no, they do finance everything except the labor to
complete the house. The house is on interim financing; roughly $3500. The
purchaser is put in contact with a subcontractor, and they can select one to
complete that labor, or do it themselves, whach would save them some money.
They are tied in with a lending commitment from a lending institution. There
is a potential of getting into a larger house at the same price tag depending
on their ability to negotiate with the subcontxactor• If the purchaser does
not follow their recommendations or does not keep in touch, there is a possi-
bilrty the costs could get out of hand. Councilman Breider wondered if the
people that would be prone to Shelter's market would not be more liable to fall
into this risk, as they may not know about the subcontractors. These may be
young people just stasting out that had never bought a home be£ore. Mr. 0'Bxien
said that you can not classify the risk by age. The type of people their
homes would appeal to are those with manual ab�lity to do the work themselves,
, rather than one in a clerical posrtion. He did not believe the young people
would have this risk, because they would, of necessity, have to shop care-
fully.
Councilman Liebl asked the City Assessar what was the average priee of a home
in Fridley_ The City Assessor replied between $22,�OQ and $23,OQ0_ Councilman
Liebl asked if the house described on Page 4 of the Agenda would fit in with
the averaqe home in assessed valuation. He added that he did recognize the
need for residential homes and the Council should do everything possible to
make it possible for people to buy homes. The Crty Assessor said that the
fiqures in the letter were very accurate.
MOTION by Councilman Kelshaw to grant the special use permit to Shelter Homes
Corporation for six months with the following stipulations:
1. Shelter Homes is to deposit a bond in the amount of $3500 to assure cleanup
of property when they move, and return it to the same condition, and to cover
the possibility that the City may have to move the house out, if Shelter
fails to do so.
2. The permit is contingent upon fu11 disclosure of the contract to all buyers.
This �ncludes working closely with future citizens of Fridley in con-
tracting subcontractors to ensure there are no problems with financing,
and that all tesms are fu11y undexstood and apparent to the buyers.
Seconded by Councilman Harris. Upon a voice vote, all voting aye, Mayor
Kirkham declared the motion carried unanimously.
� Mr. 0'Brien offered to leave copies of the contract with the City Attorney,
which he did. The City Engineer said that there would be a building permit
needed and it is understood there is to be no excessive signinq.
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REGULZiR COUNCIL MEETING OF JUNE 7, 1971
REFORT ON SPEEDY CAR WASH PROPERTY ON CENTRAL AVENUE:
PAGE 6
The City Engineer reported that he had examined the property and turned over
some material to the City Attorney. He said that he has tried to cpntact
Sheldon Mortenson, but learned that he has been out of town. He added that
he is going to examine the site along with Mr. Mortenson the next day. She
City Attorney said that he was not prepared to give a final statement at this
time. He said that he saw qurte a few areas that are not blacktopped. There
was water standing in the holes, Some of ttxe areas should be blacktopped and
on that part nof used fox parking he should seed or sod. Also the area needs
to have the weeds and grass cut, This could either be done by him, or done by
the City and the costs assessed back to the property owner. As far as the
banks are concerned, he thaught there was fairly good cover, with the exception
of �ust below the last house on 52nd Avenue. Apparently there has been some
new grading done there. He thought the City Engineer would have some sug-
gestions on the areas needing fill or grading to provide for better water xun-
off. As to the trash and rubbish, he said that he did not see a great deal.
He added that he did not know if some of it had already been cleaned up.
Councilman Kelshaw said that he went behind the buildings and it appeared
that some of the rubbish had been taken away. The City Attorney said that
the order should be by the Inspection Department and if not corrected, a com-
plaint could He filed in Municipal Court.
MOTION by Councilman Kelshaw to instruct the City Engineer and the Snspection
Department to make a final inspection and report back to the Council.
Councilman Kelshaw said that the landlord had sold the southwest corner to
Twin Crty Federal. In selling the property, what about the requirements for
parking? The City Engineer said that if the whole complex is considered,
including Spartan's, then they meet the parka.ng requirements. Councilman
Kelshaw felt that that would be a separate piece of land. He asked if the
City could not require blacktopping on the south side of Skywood. The City
Engineer said that this as one of the items being worked on. He added that
the problem is that now we have a new zoning ordinance, buf that ordinance
was not in e£fect when the buildings were built.
Councilman Harris said that the Council all had copies of the report from the
City Engineer regarding 'the corrections and improvements to the area that are
needed. He gave his copy to interested citizens in the audlence. The City
Enga.neer commented that he did not want the residents to think that this is
going to be done, but rather these are the rtems the City would like to hace
done. A resident of the area said that there is a lot of garbage in back,
that is now grown over with weeds. Sy driving by you cannot see it, you have
to get out of your car and look. He asked what about weed control, the hill is
nothing but weeds. The Acting City Manager said that the City has been lenient
in enforcinq the law in regard to weeds on banks. You cannot get the machinery
onto the hill and to spray the weeds would kill everything, and there would be
further erosion problems. Mayor Kzrkham added that the City does have a good
weed control ordinance, but it was adopted after the hill was cut. The
resident said that they have been fighting it for six years, and there are
still weeds. Councilman Kelshaw said that the City is working on it. He said
that he was not on the Council then, however, when it was brought to his
attention, he brought it up at the Council Meeting, and is being worked on.
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REGULAR COUNCIL MEETING OF JUNE 7, 1971 PAGE 7
� He asked that the residents live with it for another few weeks, and the City
will have results. He said that if the land washes away, it will be put back,
he would guarantee it. Now that the landlord is back in town, we can get
things started. The resident asked when it would be back on the Council
Agenda again. Nayor Kirkham hoped that there would be results to report by
the next regular meeting, June 21st.
The City Attorney pointed out to the residents that the City does not have
unlimited authority ovex the propertg owners in the City of Fridley. These
are some things the City can make Mr. Mortenson do, and some they cannot.
Another resident wished to tell the Council thank you £or what has been done
so far.
Councilman Liebl said that there are problems with Rice Plaza and Moon Plaza
that need correcting also. He asked that they be checked.
THE MOTION was seconded and upon a voice vote� all ayes, Mayor Kirkham declared
the motion carzied unanimously.
SALE OF SHOREWOOD LOUNGE, 6161 HIGHWAY #65:
Mr. Ralla.s brought forth an affidava.t declaring that he is authorized to speak
for Nlr. William Nicklow, in connection with the purchase of the liquor store
at 6161 Highway #65, and further that there is no business connection between
� William Nicklow and George Nicklow, who is purchasing the store at 3710
East Etiver Road.
MOTION by Councilman Liehl to receive the affidavit signed by William Nicklow
dated Sune 7, 197L Seconded by Councilman Harris. Upon a voice vote, all
ayes, Mayor Kirkham declared the motion carried unanimously.
MOTION by Councilman Kelshaw to instruct the Mayor and Acting City Manager
to consumate the sale of Shorewood Lounge, 6161 Highway #65, in the amount of
$151,000.00 payable at 30o down payment and the balance payable at lo per
month (or more) at 7�� interest; also with the understanding that they are to
expend a minimum of $125,000 in remodeling. The sale a.s made with the under-
standing that negotiations are still open for an off-sale bottle shop.
Seconfled by Councilman Breides. Upon a voice vote, all ayes, Mayoz Kirkham
declared the motion carried unanimously.
Mr. Rallis assured the Council that as to the bottle shop, they are willing
to negotiate, and whether the City wants to keep the shop in Shorewood or
not, is all right wa.th them.
CONSIDERATTON OF REAPPROVAL OF SHADY OAKS PLAT (P.S. #66-03). REQUEST BY
ANDREW P. GAWEL
The City Engineer showed the plat location on the overhead pro7ector, and
explained that this plat was approved in 1968. He said that his department
� recommends reapproval with the following stipulations:
1. They are to supply a complete grading plan because of the property to the
north which is a steep hill.
2. Approval sub7ect to any house built on the property must submit money in
escrow to cover utilrtie5, including storm sewer.
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REGULAR COUNCIL MEETING OF JUNE 7, 1971 PAGE 8
3. Permits will only be issued for Lots 5, 6, and 7 until all utilities are �
completed in the back lots.
4. The drainage ditch shall be perpetuated and not diverted in any way, so
there are no drainage problems.
Councilman Breider asked if there were any easements needed. The City Engineer
said that they were part of the plat. He added that there are utilities
needed in the back lots, including a road.
MOTION by Councilman Harris tp reappxove Shad� Daks Plat (P.S. #66-03) as
requested by Andrew Gawel, sub�ect to the stipulations outlined by the City
Engineer. Seconded by Councilman Kelshaw.
Councilman Breider asked if these stipulations are part of the plat now. The
City Engineer said no, they will have to be agreed upon before signing of the
plat. Councilman Liebl questioned whether this plat would fit into the overall
plans Por the City. Ae added that this land is very hilly and uneven, and there
are areas that flood. He questioned what would be the results if the plat is
approved. The City Enqineer said that this is why he suggested the stipulations.
There should be money in escrow to cover the drainage system when it is put in.
Councilman Liebl asked if the lots met the area Code requirements. The City
Engineer said they meet the area requirements, although the frontage is 2i'
short of the required 75'. The plat was approved previously because it met
the area requirements.
UPON A VOICE VOTE, all voting aye, Mayor ICirkham declared the motion carried �
unani[nously.
FIRST READING OF AN ORDINANCE AMENDING CHAPTER 28 OF THE CITY CODE RELATING
TO THE CONTROL AND PREVENTION OF TREE ➢ISEASES:
The Acting City Manager said 'that the present Ordinance covered only Dutch
Elm disease and was rewritten to cover all tree diseases including Oak wilt.
Councilman Liebl said that it was a beautifully written Ordinance, but
questioned if the City has the man power to enforce it. Who would go out and
tell people that they must get rid of their tree if it is diseased. He felt
that in some situations it could be called harassment. The Acting City
Manager said that the Ordinance names the Parks and Recreation Director as the
Forester. There would be someone in his department that would check on the
trees. Shis Ordinance is the same as at present for Dutch Elm disease, but
made broader with the chanyes underlined. The Parks Director may designate
the Foreman to do the checking.
Councilman Liebl asked who would pay the cost. The Acting City Manager said
that it would be assessed back to the property owner. The City Attorney added
that it would be the same policy as with the weed control. If the home owner
does not pay the cost directly, that amount would be assessed back onto his
property. He added that the City could have the services of a specialist
from the University on a consulting basis. The reason this came up was a
resident in Innsbruck contacted him to say that they had the start of Oak �
wilt in their trees, and they were concerned that they would lose their trees.
Columbia Heights has an Ordinance like this, and it is that Ordinance that
was used as a model to follow. It has also been used by other cities.
Mayor Kirkham said that professional services would also be availaY�le through
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REGULAR COUNCIL MEETING OF JUNE 7, 1971
PAGE 9
� the County Agent. The Acting City Manager said that the Parks Foreman has
attended several seminars on trees. Mayor Kirkham commented that a home
owner may elect to remove his own tree.
Councilman Breider said that he would like to see a minor change made in
Section 28.04, Subd. l, (e) and (f), remove the words: "under the direction
of the Council".
MOTION by Councilman Breider to approve the Ordinance on £irst reading and
waive the reading, with the minor changes outlined above. Seconded by
Councilman Kelshaw. Upon a roll call vote, Liebl, Harris, Breider, Kelshaw,
and Kirkham voting aye, Mayor Kirkham declared the motion carried unanimously.
CONSIDERATION OF ASSESSMENT COMPLAINT - MR. RICHARD HAR7U� LOT 25, BLOCK 8
DONNAY'S LAKEVIEW MANOR ADDITION, 515 57TH AVENUE N.E.:
The City Assessor said that on June 9, 1969 the improvement hearing was held and
on ,7une 16, 1969 the improvement was ordered. On May 11, 1970 a public hearing
was held on the assessment roll. On May 11� 1970, the assessment was confirmed
by Council Resolution, and included the four lots south of Lakeland between
7th Street and Washington Street. The assessment was '-, the normal cost as
these are double frontage lots, and all the houses and garages face on 57th
Avenue. On July 6, 1970, a discussion was initiated by one of the Councilmen
relating to the assessment of these four lots in Donnay's Lakeview Manor
Addition. A motion was made, sewnded and adopted to the effect that the four
� lots in question should not be assessed. The assessment roll had already been
adopted by Council Resolution and it would Y.ake another Resolution to delete
these four lots, if tha.s is the Council's wish.
Councilman Liebl read the motion by former Councilman Sheridan, made on July
6, 1970, and asked that the street in question be put on the screen. He said
that he was not on the Council at the time Dormay's Lakeview Manor was platted.
There was no vacation, as part of the street was never dedicated, so there is not
full right o£ way. The City Enqineer said that as things stand now, £rom
Washington to Jefferson on Lakeland Avenue and .7efferson from Lakeland Avenue
to 58th Avenue will be assessed in the normal double frontage lot policy.
Councilman Liebl said that the feeling of the people fronting on Madison and
57th Avenue is that they should not be assessed the ; of the cost of the street.
He felt the Council should concur with the action taken last year and delete
those four lots frozn the assessment as that was the intent. He could not see
where the abutting property owners would derive any benefa.t as their houses
and garages all face 57th Avenue. He said that former Councilman Shera.dan
points out very clearly in his motion that this is no deviation fram the normal
assessment policy on double frontage lots as there was never full right of way.
Councilman Harris said that one of the considerations taken into account at that
tune was that all the houses, with gaxages face onto 57th Avenue. He agreed
these four lots should be deleted.
, RESOLUTI�N #61-1971 - A RESOLUTION ABATING ASSESSMENTS ON LOTS 23, 24, 25,
AND 26, BLOCK S, DONNAY'S LAKEVIEW MANOR ADDITSON FOR THE 1969-1 STREET
IMF2POVEMENT PROJECT:
MOTION by Councilman Harris to a.dopt Resolution �61-1971. The motion was seconded
and upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried
unanimously.
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REGULAR COUNCIL MEETING OF JUNE 7, 1971 PAGE 10
DISCUSSION REGARDING IMPROVEMENT OF WEST MOORE LAKE DRIVE BETWEEN CAROL DRIVE �
AND BAKER AVENUE: ST. 1971-1 AND ST. 1971-2:
Councilman Kelshaw said that this is the pro�ect where there has been so much
discussion on placement of sidewalks. The discussion centered around off-
centering the road within the right of way to provide space for future sidewalks
on the north side, i£ they should prove necessary. He said that he had met
with the people on the street, and added that he lived on that street. He
said he stated at the last meeting that he would abstain from discussion and
voting, however, he felt that'that was a mistake. Just because he is a citizen
on that street does not mean that he is incapable of rendering an impartial
decision. He was elected as councilman to do a fair �ob for all �the people
and represent his ward to the best of his ability; therefore, he will vote on
tha.s item. He said that he met with the citizens on the street ir� the Fire
Station and had the City Engineer draw up several plans for shifting the street
and also for centering the street within the right of way. West Moore Lake
Drive has been off-centered in other areas, which he was not aware of. He had
sent notices to all the people on the street notifying them of this meeting.
Everyone had an opportunity to be at the meeting and be heard. A£ter a
discussion, the proposal was put to them for a vote, with 11 voting for
centering the road within the right of way and 5' sidewalks in conjunction with
the curb, on both sides of the street, and four against.
MOTION by Councilman KelshaW to instruct the City Engineer to put in the road
centered within the right of way, with 5' sidewalks on both sides of the street ,
in con�unction with the curb. Seconded by Councilman Harris for discussion.
Counci]man Harris asked if he understood that the sidewalks were to be put in
beside the curb, with no boulevard. Councilman Kelshaw said yes, they would be
an integral part of the curbing. Councilman Liebl asked how the sidewalks
would be taken care of in the wintertime. Councilman Kelshaw said that he had
talked to the City Engineer and also a neighbor on the south sade of the street
who is a contractor, and it has been said that it is possible to raise the blade
on the snowplow and plow the sidewalks also. He said he has seen the sidewalks
on the school property, the blade will not reach the sidewalks because of the
boulevard. In this case they would be in conjunction with the curb and at the
same level.
Councilman Breider asked how many homes were involved and Councilman
Kelshaw replied he believed there were 18.
Mrs. Savelkoul, 916 West Moore Lake Drive, said that it was her understanding if
the sidewalks were going in, the street would not be shifted. Councilman Kelshaw
said yes, everything will be equal on both sides of the street, �ust as it is now.
Shere will be 2' on both sides of the street from the sidewalks to the lot line.
Nlrs. Savelkoul said that some of the residents made a fuss about the sidewalks
being put in. She said that some still do feel this way and do not want the
sidewalks.
The City Engineer said that the existing roadway is not centered. This is done ,
on occasion for varaous reasons. She proposal here is to center the roadway.
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REGULAR COUNCIL MEETING OF JUNE 7� 1971 PAGE 11
, Councilman Liebl asked how it would be paid for. When sidewalks were put in on
61st and on Mississippi, the people were assessed. If state aid funds are used
to pay for the sidewalks in this case, is there a legal problem with the people
that have already been assessed for sidewalks in other areas? The City Attorney
said that there is no legal problem. The Council has the right to assess. Each
decision is made independently of every other, by the Council. The previous
policy was that hame owners would pay 1/3 and commercial and industrial would pay
the full cost. Since then the Council has adopted a sidewalk policy since the
change in the law concerning state aid funds. Councilman Harris added that since
the change was made in state funding it allows those funds to be used on side-
walks.
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Councilman Liebl asked how many trees would be taken. The City Engineer said that
about four trees would have to be taken. These trees are within the right of way.
Mr. Robert Metcalf said that he was a resident on the south side of the street.
The discussion so far has concerned sidewalks, but he felt that the street should
also come from general revenue funds. The tn�in purpose for the road is for school
buses. This is the first connection between Unzversity Avenue and Central
Avenue north of I. 694, and it is now being made a faster, wider route. There-
fore, it would be considered a benefit to the City. He felt that their property
values would go down, and they have the disadvantage of faster traffic. Mayor
Kirkham said that this would be contrazy to the policy followed by the City for
several years. Everyone is assessed for a normal residential street. If the
improvement goes beyond that of a normal residential street, the difPerence is
made up out of state aid funds.
The City Engineer explained that by putting the sidewalks ad�acent to the curbing
will require more shaping and revamping of the driveways. They would have to be
depressed in some areas for drainage.
N1r. Earl Hoyne, 820 West Moore 7a]ce Drive, felt that it would be better to reduce
the sidewalk to 4' rather than 5'. He felt the need for 5' sidewalks was
doubtful. He pointed out that they were 4' on Mississippi. Councilman Harris
said that the 4' sidewalks on Mississippi Street were not adequate. He did not want
to see a 1' separation between the sidewalk and the cuxb. Salt would get on the
grass and the people would have trouble growing anything in the 1' space but weeds.
Bloomington has made their sidewalks 5' adjacent to the curb line. Mr. Hoyne
said that initially he did not feel sidewalks were necessary, but if the school
board and the City feels there is a need, he would favor Councilman Kelshaw's
plan. Councilman Liebl asked Mr. Hoyne if he would keep his sidewalks clean,
because he did not think the City would. Mr. Hoyne said he would, but he
doubted if everyone would. Councilman Liebl said that it would be an added
burden and they would be plowed after everything else is plowed. He said that
at this time he did not believe it is mandatory to have sidewalks in residential
areas. They are only needed in heavy traffic areas, such as Osborne Road and
Mississippi Street.
THE VOTE upon the motion, being a voice vote, Kirkham, xarxis, and Kelshaw voting
aye, Breider abstaining and Liebl voting nay, Mayor Kirkham declared the motion
carried.
RECESS:
Mayor Kirkham declared a recess at lD:lO P.M. The meeting was reconvened at 10:30 P.M.
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REGULAR COUNCIL M�ETING OF 7UNE 7, 1971
DISCUSSION REGARDING 5EWER SERVICE PROBLEM, 5310 4TA STREET NORTHEAST:
PAGE 12
Councilman Liebl reported that Mr. Flentie has hired a contractor to complete
the work on his own line.
MOTION by Councilman Liebl to receive the report from the Director of Publ�,c
Works dated May 28, 1971. Seconded by Councilman Breidex. Upon a voice vote,
all voting aye, Mayor Kirkham declared the motion carried unanimously.
R�CEIVING THE MINUTES OF THE PLANNING COMMISSION MEETING OF MAY 19, 1971:
1. i2EQUEST FOR SPECIAL USE PERMIT, SP #71-04, THOMAS ANNETT: Lot 17, Block
2. Bennett Palmer Addition. To construct a second garage. Section
45.051. 2A.
The City Engineer said that the Planning Commission recommended approval sub7ect
to N1r. Annett getting a notorized statement from his neighbor stating that he
recognizes the placement of the driveway and that he has no objection. He
questioned the close proximity of the driveway to the house and the property
line.
MOTION by Councilman Liebl to concur with the Planning Commission and grant the
special use permit sub�ect to his getting the notorized statement £xom his
neighbor. Seconded by Councilman Kelshaw. IIpon a voice vote, all ayes, Mayor
Kirkham declared the motion carried unanimously.
2. LOT SPLIT REQUEST� L.S. #71-07� PDQ STORES OF MINNESOTA, INC. BY CHARLES
WEST: Lot 5, Block l, Maple Manor Addition. To split in half for two
building sites.
The City Engineer reported that this property is �ust east of the hospital and
is properly zoned. The property is platted and there is already some con-
struction. There are two apartment buildings already built. The lot is about
45,000 square feet and the request is to split the property. He advised that
this lot split as requested would not meet the minimum requirements. They would
be a little wer 2,000 square feet short.
Mr. Charles West, of PDQ, said that on the west side of the property there is
25' belonging to Lot 4 where the proposal is to put in an apartment building.
That land is owned by the same people. The apartment would be using this 25
feet as a driveway. 2'he lot, after the split, would not meet the requirements,
but as a practical matter rt would, if you include the 25' easement. PDQ plans
to build on the easterly i�, on about 22,000 square feet.
The City Engineer said that the Planning Commission recomznended approval of the
lot split, with the recommendation that the westerly lot has the availability of
25 feet of the ad�oining Lot 4 to be used as a driveway, and with the recom-
mendation that the PDQ building be placed on the easterly half of Lot 5.
Mr. West said that they had an agreement drawn up. Councilman Harxis asked if
the westerly half was sold, would the easement go with it. Mr. West sa.id yes, it
would be a permanent easement, filed and recorded with the deed. He explained that
tha.s 25 feet is the only access to Lot 4 in back, and they had to keep it with
Lot 4. The City Engineer asked if PDQ is buying the whole lot. P;r. West said
an investor is. The east side will have it's own driveway onto Osborne Road.
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REGUI,AR COUNCIL MEETING OF JUNE 7, 1971
PAGE 13
� He added that all their deliveries will be made at the £ront for security
reasons. Councilman Breider asked what was PDQ? Mr. West said that it is a
convenience food store.
The City Engineer said that there is an item in the Building Standards - Design
Control Minutes concerning the plans for an apartment building on Lot 4, 7ust
south of this. He suggested that they be discussed at the same time, as they
are, in a sense, tied together.
CONSIDERATION OF A REQUEST TO CONSTRUCT AN APARTMENT BUILDING ZOCATED ON
LOT 4, BLOCK 1, MAPLE MANOR ADDITION, THE SAME BEING 610 OSBORNE ROAD,
FRIDLEY, MINNESOTA. (REQUEST BY HIGHLAND PARK DEVELOPMENT COMPANY, 540
GREENHAVEN ROAD� ANOKA, MINNESOTA 55303):
Mr. Don Olson of Highland Park Development Company and Mr. Donald Nordblom, the
architect, were present.
Mr. Nordblom showed the Council a rendering of the building and said that it
would be a 9 unit apartment building facing east. There would be a driveway
up to Osborne Road 25 feet side. This 25 feet is actually part of Lot 4. The
City Engineer said that it is a brick building with columns in front. The
Building Standards - Desiqn Control recommend approval with the understanding
there will be an easement so that people do not park right next to the curbing.
This is controlled by our Ordinance. This complex when it started was to be a
� staged program. This is �kte last stage, there are two completed apartment houses
of 34 units each on the east side of this site. This apartment building would
complete the apartments in the area. The existing apartment's open property has
not been cleaned very well, there is debris and dead trees to be removed. They
are to provide landscaping and a recreational facility. He also suggested
that they extend the fence to the City right of way la.ne. He would like to see
plantings provided as a barrier between the commercial and the apartment complex.
Councilman Harris asked what was the long range proposal for the center area.
The City Engineer said that this is the recreational area for the complex. They
have not done anything with the recreational area as yet. He added that this is
a wooded area and needs to be cleared of dead trees.
Councilman Breider asked how many bedrooms. Nlr. Nordblom said l, 2, and 3
bedrooms. There are three 3 bedroom units, four 1 bedroom, and two 2 bedroom
units. Councilman Breider asked about the recreational area. Mr. Nordblom
said that the equipment has been ordered, but he did not know what it was. The
plan is to develop it into a playqround area, such as that used by parks and
schools. Councilman Breider asked how many children there were in the two
apartment buildings. Nlr. Olson said he did not know, the management a.s handled
by a professional manager. Councilman Breider asked if they would have any
reservations on extending the fence to the south end. The City Engineer said
that ii stops 25' - 30' short of the right of way. It seems that that area
needs more protection. Mr. Olson said that he could not see any ob�ection to
that. Councilman Harris asked that they bring in a drawing on what is going to
be done with the recreational area. Mr. Olson said that Mr. Donaldson will be
� glad to indicate to the City Engineex what and where the equipment is to be
placed. Councilman Breider said that he lived �ust behind the apartment complex
and it has become necessary to fence their yards. There is a lot o£ foot traffic
from all the children. They have no place to play. Mr. Olson agreed there is
a need.
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REGULAIt COUNCIL MEETING OF JUNE 7, 1971 PAGE 14
Councilman Liebl asked what was the cost per unit. Mr_ Nordblom said the '
total building would be $140,000, so the nine units would be about $12,000 per
unit. Councilman Liebl asked about fire protection and noxse insulation.
Mr. Nordblom said that all the walls would be one hour fire walls and 50 decibel
walls for soundproffing. The outside is to be brick with some aluminum siding
material. He assured the Council it would be good quality aluminum siding.
Councilman Harris asked what is proposed to prevent foot traffic from the south
coming past the nursing home and through the recreational area to get to the
PDQ store. They would soon create a path as it is normal to take the shortest
route. Councilman Breider agreed and commented that on one corner there are 21
children under the age of 8. He suggested fencinq along the south boundary of
Lot 4 from the west side over to the parking lot of the 34 unit buildings,
or possibly fence the whole playground area. The City Engineer suggested that the
fence should be around the playground area to prevent papers from the commercial
area blowing into the apartment complex. This would provide a separation between
the commercial area and the apartment area. Mr. Olson asked if screening was
required and the City Engineer said yes. Mr. Olson said that he felt that the
screening at the north by the commerical area would be PDQ's xesponsibility.
He said that to fence the eastern boundary would defeat the purpose. The City
Engineer said not the east protion, �ust the other three sides. Mr. Olson felt
that the fence along the south boundary would solve the foot traffic problem.
MOTION by Councilman Harris to approve the Lot Split L.S. #71-07, by PDQ to
split Lot 5, Block 1, Maple Manor Addition sub�ect to the stipulations of the �
Planning Commission with the additional requirement that there be a 6' high
fence on the south property line constructed from the east side of the
easement to the parking lot for the 34 unit apartment building on the east side
of the property. Seconded by Councilman Breider. Upon a voice vote, all
voting aye, Mayor ICirkham declared the motion carried unanimously.
MOTION by Councilman Kelshaw to approve the building permit for Highland Develop-
ment Company sub�ect to the stipulations of the Building Standards - Design
Control with the additional requirement of a 6' high fence from the west side of
the property to the east line of Lot 1 along the south boundary line of Lot 4.
They are to submit a letter showing the date of completion o£ the clean up and
the recreational facilities and also extend the existing fence to the south to
the right of way line. Seconded by Councilman Breider. Upon a voice vote, all
voting aye, Mayor Kirkham declared the motion carried unanimously.
MOTION by Councilman Kelshaw to receive the Minutes of the Planning Commission
Meeting of May 19, 1971. Seconded by Councilman Liebl. Upon a voice vote, all
ayes, Mayor Kirkham declared the motion carried unanimously.
RECEIVING THE MINUTES OF THE BUILDING STANDARDS - DESIGN CONTROL MEETING OF
MAY 20, 1971-
The City Engineer reported that the first item: Viewcon Inc., was approved by
the Building Board, but it is going to the Planning Commission June 9th, so there
is no action required of the Council at this tune. �
The City Attorney brought up a discussion in the minutes about access. It said
that access from the town houses is to be off Silver Lake Road and also a road
to Matterhorn Drive. Councilman Kelshaw said that he understood that there
were going to be 120 single family dwellinqs on the westerly '� and they were to go to
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REGULAR COUNCIL MEETING OF SUNE 7, 1971 PAGE 15
� Matterhorn Drive but the town house traffic was to go east to Silver Lake Road
on an easement they were to qet from New Briqhton. The City Engineer said the
agreement was that no building was to be occupied prior to completion of the
roadway. There was a bond required when a building permrt is issued to cover
their buildinq a road to Silver Lake Road for access to that area. The road
will be opened when any part of the apartment portion of the complex is com-
pleted. Councilman Kelshaw felt that there was a misunderstanding. He thought
the traffic from the town houses was oriented to the east and not Matterhorn
Drive. The City Engineer said that access would be open both ways when the
pro�ect_is developed. Councilman Harris said that this was not the way it was
discussed with them. The soad to the east was for town houses.
Councilman Kelshaw asked if they had gotten the access from New Brighton yet.
The City Engineer said no. Councilman Kelshaw asked what would happen if they
could not get access. The City Engineer said that New Brighton could not stop
them as they have property abutting Silver Lake Road.
NOTE. The next item: Highland Developement Company request £or a building
permit for an apartment building was discussed under the Planning Commission
Minutes.
CONSIDERATION OF A REQUEST TO REMODEL A GAS STATION LOCATED ON LOT 20,
AUDITOR'S SUBDIVISION #103� THE SAME BEING 8253 EAST RIVER ROAD, FRIDLEY,
MINNESQTA. (REQUEST BY METRO "500", 4071 LAKELAND AVENUE NORTH,
MINNEAPOLIS, MINNESOTA 55422J. THEY ARE JUST REPAIRING AND UPGRADING THE
� EXISTING PROPERTY� BUT WANTED THE CITY TO BE AW71RE OF THESE PROPOSED
CAANGES:
The City Engineer reported that the Metro "S00" people have reviewed the list
of thxngs that need to be done and agree.
MOTION by Councilman Sreider to approve the remodeling pro7ect by Metro "500"
sub�ect to the stipulations of the Bmlding Boaxd. Seconded by Councilman
Harris• Upon a voice vote, all ayes, Mayor K�.rkham declared the motion
carried unanimously.
MOTION by Councilman Kelshaw to receive the Minutes of the Building Standards
Design Control Meeting of May 20, 1971. Seconded by Councilman Liebl. Upon a
voice vote, all ayes, Mayor Kirkham declared the motion carried unanimously.
RECEIVING THE MINUTES OF THE BOARD OF APPEALS MEETING OF MAY 25� 1971:
A REQUEST FOR A VARIANCE OF SECTION 45_053, 4A, FRIDLEY CITY CODE, TO REDUCE
THE FRONT YARD SETBACK REQUIREMENT FROM 35 FEET TO 29 FEET TO ALLOW THE
CONSTRUCTION OE A 6 FOOT BY 22 FOOT AIlDITION ONTO THE FRONT OF THE EXISTING
DWELLZNG LOCATE➢ ON PART OF LOT 27 AND 28, BLOCK 10, HYDE PARK ADDITION, THE
SAME BEING 5945 2ND STREET N.E., FRIDLEY, MINNESOTA. (REQUEST BY MR. JOHN
BACHAND� 5945 2ND STREET N.E., FRI➢LEY, MINNESOTA.):
� The City Engineer reported that this is a front yard variance request and the
Board of Appeals recommended denial. Their reason was that approving this
� variance would be setting a precidence on this street.
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REGULAR COUNCIL MEETING OF JUNE 7� 1971
PAGE 16
MOTION by Councilman Harris to concur with the Board of Appeals and deny the
request for a front yard variance by Mr. John Bachand. Seconded by Councilman
Kelshaw.
Councilman Liebl asked what was the zoning. The City Engineer replied R-3.
Mr. Bachand said that this is a proposed addition onto the front of his house for
added living space. There have been variances made in this area on Main Street.
There is a double bungalow and also a four plex on the corner, so it a.s not
strictly speaking a single family dwelling area. There is a commercial area two
blocks away on 3rd Street.
Councilman Liebl asked how much room he had in his present house. Nlr. Bachand
replied it was 26' X 40' for 1040 square feet. The addition proposed is 6" X 22',
and would be used as part of the living room. Councilman Liebl wanted it clearly
understood that he is in the wrong zoning and if he were to expend money on his
house, he may not get the full amount back if he were to sell. Mr. Bachand said
that a.t seemed the only argument used was, what if a neighbor down the street
wanted to do the same thing? Councilman Liebl asked how many feet he is away
from the next neighbor. Mr. Bachand said it was 40' from his house to the next
neighbor. The City Engineer pointed out all the houses on the street are set
back 35'. Mr. Bachand said that he has discussed this with his neighbors and
they had no ob�ection. He brought letters stating so to the Board of Appeals
Meeting.
THE VOTE upon the motion for denial, being a voice vote, Kirkham, Harris,
Kelshaw and Breider voting aye, Liebl voting nay, Mayor Kirkham declared the
motion carried.
A REQUEST FOR A VARIANCE OF SECTION 45.053� 1B
REDUCE THE MINIMUM LOT AREA REQUIREMENT FOR A
DECEMBER 29� 1955 FROM 7�500 SQUARE FEET TO 5�
CONSTRUCTION OF A DWELLING ON THE WEST 64 FEET
ERIDLEY CITY CODE� TO
T ON A PLAT RECORDED BEFORE
0 SOIIARE FEET TO ALLOW THE
HAMILTON'S ADDITION TO MECHANICSVILLE, THE SAME BEING 527 56TH AVENUE N.E.,
FRIDLEY, MINNESOTA. (REQUEST BY MR. JOHN E. CASSERLY, 5965 5TH STREET NE.�
FRIDLEY, MINNESOTA 554211:
The Crty Engineer reported that this variance request is to reduce the area
requirements on an undersized lot from 7500 square feet to 5120 square feet.
This has been before the Council before. He then handed out maps of the lot.
In Block 2 there are seven lots with four double bungalows on them. The house
was set on the westerly half of Lots 14 and 15.
Councilman Liebl asked a.f the Board of Appeals did not ask him to supply a survey.
The house would be very close to the double bungalow to the east. Is there a
possibility of the owner o£ the double bungalow buying the lot? Mr. Casserly
said that he had talked to him and given him a price, but there have been no
concrete results. Councilman Liebl said that he would have to agree with Board
Member Drigans where he explains that in this case there are extenuating cir-
cumstances. Mr. Casserly had trouble with his insurance company after the
tornado. He is now trying to recover some of his money from the lot. Mr.
Casserly said that he had measured and from the edge of his old house to the
lot line there would be 12'. He contacted a survey company a week ago and they
said they would be out in about three weeks. It would cost al�out $150.00.
Councilman Liebl felt that the owner o£ the double bungalow would buy the
other half of the lots with no trouble. If he does not Mr. Casserly has the
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REGUI�AR COUNCIL MEETING OF JUNE 7, 1971 PAGE 17
� ra.ght to try to develop his property. He must realize that this is a sub-
standard lot. Mr. Casserly said that it was approved by the Board of Appeals.
MOTION by Councilman Liebl to concur with the recommendation of the Board of
Appeals and grant the area variance requested by Mr. John Casserly, with the
stipulation that he is to bring in a survey.
Mayor Kirkham told Mr. Casserly that when he has his lot surveyed, he should
have the placement of the house shown on the lot. The City Engineer added that
it would be well to tie in the double bungalow also.
Councilman Harris asked which way the house would face. Mr. Casserly said it would
face 56th Avenue. Councilman Harris said that it would not meet the sideyard
requirements either, and he would need more variances. Councilman Liebl felt
that when the owner of the double bungalow finds out how close the house would
be, he would buy t'he other half of the lots. Mr. Casserly said that the problem
is that the owner of the double bungalow wants to pay too little for the land.
Councilman Harris said that the proposed house is 24' X 40' and with the 35'
setl�ack, this would leave a substandard setback in the back yard. He said that
he could not see that this would be a good plan.
Mr. Casserly explained that he had lived there for six years, then the tornado
came, then he was in the hospital for some tune, and he had trouble wa.th his
insurance company. He 7ust wants to find out what he can do with this property.
� Councilman Breider said before he can get a building permit, the plans for the
house will have to come back be£ore the Council. The City Engineer said yes, and
there will also be more setback variances required.
Mayor Kirkham said that fie would hate to give Mr. Casserly false encouragement
by approving the area variance now, then turning down the building permit. To
allow a building now would compound the error. Councilman Breider asked what
was the setl�ack for the double bungalow. The City Engineer said about 17 feet.
THE MOTION seconded by Councilman Breider. Upon a voice vote, Liebl and Breider
voting aye, Kirkham, Harxis, and Kelshaw voting nay, Mayor I:irkham declared the
motion FAILS.
A REQUEST FOR A VARIANCE OF SECTION 45.053, 4B� SUBPARAGRAPH 4B, FRIDLEY
CITY CODE� TO REDUCE THE SIDE YARD 5ETBACK REQUIREMENT FOR AN ACCESS�RY
BUILDING ON A CORNER LOT FROM 25 FEET TO 2 FEET TO ALLOW TAE CONSTRUCTION
OF A GARAGE ON LOT 10, BLOCK 1� RIVER EDGE ADDTTION� THE SAME BEING 157
RIVER EDGE WAY NE, FRIDLEY, MINNESOTA. (kEQUEST BY MR. LEWIS L. EARR,
157 RIVER EDGE WAY NE., FRIDLEY, MINNESOTA):
The City Engineer said that this variance is for a side yard to construct a
garage. There is a tuck under garage which Mr. Farr wants to convert into base-
ment axea. West of this pxopesty the City owns park px'operty. He then passed out
a certificate of survey to the Council and showed the area on the overhead pro-
� �ector. Councilman Harris said that this is to be a 24' X 34' garage. He asked
how he gets service to his garage. The City Engineer said that he uses an
easement as a driveway.
MOTION by Councilman Liebl to concur with the Soard of Appeals and qrant the
variance. Seconded by Councilman Kelshaw.
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REGULAR COUNCIL MEETING OF JUNE 7, 1971 PAGE 18
Councilman Breider felt that there were problems here that should be resolved,
The use of a common driveway is all right if the neighbors get along all
right, but if one of the houses were sold, there could be problems. Mayor
Kirkham suggested lay�ng this over and asking Mr. Farr to come be£ore the
CouncYl and discuss alternate plans.
MOTION WITHDRAWN by Councilman Liebl, with the agreement of the secondex.
MOTION by Councilman Kelshaw to receive the Minutes of the Board of Appeals
Meeting of May 25, 1971. Seconded b1 Councilman Liebl. Upon a voice vote, all
voting aye, Mayor Kirkham declared the motion carried unanimously.
RECEIVING THE MINUTES OF THE PARKS AND RECREATION MEETING OF APRIL 26� 1971:
MOTION by Councilman Liebl to receive the Minutes of the Parks and Recreation
Commission Meeting of April 26, 1971. Seconded by Councilman Breider. Upon
a voice vote, all ayes, Mayor Kirkham declared the motion carried unanimously.
RECEIVING THE MINUTES OF THE FRIDLEY HUMAN RELATIONS MEETING OF APRIL 28� 1971:
MOTION by Councilman Liebl to receive 'the Minutes of the Fridley Human Relations
Meeting of April 28, 1971. Seconded by Councilman Breider. Upon a voice vote,
all voting aye, Mayor Kirkham declared the motion carried unanimously.
RECEIVING THE BIDS AND AWARDING CONTRACT - SPRINKLER AND IRRSGATING SYSTEMS:
(Bids Opened at 11:00 A.M., June 4, I.971)
CIVIC CENTER:
Bidder
Cash Price
Material Supervisor Trencher Tamper
Completion Date
Metro Engineering $1,655.00 $13.50/hr. $350.00 $125.00 30 days from award
NOTE: Metro has tied their Civic Center Bid to the Commons Park Bid below.
Minnesota Toro Company
THE WMMON5 PARK:
Bidder
NQ BID
Cash Price
Ida`terial Supervisor TYencher Tamper
Completion Date
Metro Engineering
(Electric) $14,980.00 $13.50/hr. $350.00 $125.00 30 days from award
(Manual) $11,840.00 $13.50/hr. $350.00 $125.00 30 days from award
Alternate $ 3,480,00
NOTE: Alternate includes wiring for later conversion to electric system.
Minnesota Toro
(Hydraulic) $ 9,865.00 $ 9.50/hr. $ 40.00/hr. -- 30 days from award
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REGULAR COUNCIL MEETING OF JUNE 7, 1971 PAGE 19
� The Acting City Manager said that there were two bidders, but one-did not bid
according to specifications, and the other was high. The recommendation of the
Administration is to reject all bids and authorize rebidding. The company that
quoted the prices used when compilinq the estimate did not bid because they
were suppliers for the othex company and did not feel they could bid also. The
City Attorney has advised that the bids cannot be negotiated. Councilman Harris
asked how many invitations to bid were sent out. The Acting City Manager said
he did not know, bnt there were more than this. Councilman Harris said that this
was principally to be for materials, rather than labor.
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MOTION by Councilman Harris to concur with the Administration and re]ect all
bids, and authorize rebidding based on different criteria. Also to direct the
Parks and Recreation Director to notify the Fridley Youth Football Association
of the delay as they would be using the field this fall. The motion was seconded
and upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried
unanimously.
RESOLUTION #62-1971 - RESOLUTION IN OPPOSITTON TO REZONING OF DURNAM ISLAND:
Mayor Kirkham asked a member of the audience what item he was interested in,
so they could take care of hun, and he replied that he was planning to go to the
rezoning hearing Brooklyn Park is holding Wednesday night in xegard to Duxnam
Island and he wanted to know the feeling of the Council to present at that
hearing.
Mayor ICirkham said that he was prepared to say that he is opposed to the
development of Durnam Island.
MOTION by Councilman Liebl to adopt Resolution #62-1971. Seconded by Councilman
Harris. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion
carried unanimously.
DISCUSSION REGARDING LOAN FROM FRIDLEY VOLUNTEER FIREMEN'S RELIEF ASSOCIATION
FOR EXPANDING CITY GARAGE:
The Acting City Manager reported that the Firemen's Relief Association has said
they will have money available at 5 3/So. The bids have not been ordered as yet
for the garaqe. The final plans are being drawn at this time. He said that
whether the City would want to get started on this this fall or wait until the
first of the year to let bids is something they should decide. It would not be
completed until next year. Councilman Harris felt that if the plans are approved
there would be no reason to wait. Prices keep going up and there would be
nothing gained by warting. The Actinq City Manager said that then as soon as
the final plans are completed, they will come back before Council.
MOTION by Councilman Liebl to receive the commumcation from the Fridley
Valunteer Firemen's Relief Association dated May 21, 1971. The motion was
seconded and upon a voice vote, all voting aye, Mayor Kirkham declared the
motion carried unanimously.
OF FIRE APPARATUS
AND
ADVERTISEMENT FOR BIDS:
The Eire Prevention Bureau Chief said that the specifications are quite detailed
on the fire apparatus, and it is a very basic unit.
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REGULAR COUNCIL MEETING OF JUNE 7, 1971 PAGE 20
Councilman Harris said that at one time the Council discussed whether, at some
time in the development of the community, it would be necessaxy to change or
add to the location of the fire call center. The Fire Prevention Bureau Chief
said that this was taken into account at the tame the addition to the Fire
Station was made. They feel that they will be able to stay where they are.
They have fairly good routes to all parts of the City with the exception of the
crossing over the railroad tracks on Mississippi Street, and �ys is going to
be changed into an underpass. Even their lonq runs are still considered within
normal limits. They are not penalized as far as fire insurance rating by the
rating bureaus on their response time, He could see no reason for change
unless there was a change to some type of inetropolitan or county wide system
set up. He added that they now have three pieces of apparatus 20 years old or
older. Baring any unforseen developments in the community, this apparatus should
put the department in a strong position and it should be 10 years before they
would have to think about purchasinq any more ma7or pieces of equlpment. It
may be that they have been remiss in not purchasinq this piece before. They
protect property valued at $155,000,000 and there is an extremely high nutnber of
multiple dwellings. It is recommended for a community of this size� that there
be four engine companies and two ladder companies. They feel that they can use
the one ladder company and pick up the other from mutual aid. They have one
tanker they could retire and move the ladder company into reserve, because of a
full compliment of ground ladders. The older engine company could stay for another
7- 8 years. There would not have to be any ma7or replacements until abont
1H83. He added that they are quite insistant on sprinkler systems and keep the
pressure on the builder.
Mayor Kirkham said that the Council has asked the Fire Department to prepare this
information on the fire apparatus, as they recognize the need for the community.
Delivery of the equipment is pxobably still three years away. It is necessary
to keep pace with the growth of the community.
MQTION b Councilman Harris to authorize bidding for a new fire apparatus,
bidding �o close August 2, 19�1. Seconded by Councilman Kelshaw.
Councilman Kelshaw said Yhat he felt that the Fire Station was in a good
location, but in discussions with the volunteers, they feel that they have a
problem in that the traffic on University Avenue does not stop or slow down to
allow them to entex the traffic. The men take a risk coming out onto University
Avenue. He wondered if they could not direct the Aoting City Manager to contact
the Highway Department to see what kind of proposal they may have to set the
signal lights on red or some such suggestion. The Fire Prevention Bureau Chief
said that even with another location they could have the same problem. Many
years ago they tried to work out an arrangement with the Highway Department for
control of the traffic signals whereby for so many minutes the light would remain
red, then revert to normal operation. He felt that the situation is not something
they cannot live with. They can get the ma7or eguipment moving in 90 seconds.
There could be a control in the station to set the lights.
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THE VOTE upon the motion, being a voice vote, all voting aye, Mayor Kirkham
declared the motion carried unanimously. �
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REGULAR COUNCIL MEETING OF S[JNE 7, 1971
PAGE 21
CONSIDERATION OF BEER PERMIT PLUS CONCESSION STAND REQUEST - FRIDLEY SOFTBALZ
ASSOCIATION:
MOTION by Councilman Liebl to grant permission as outlined in the letter from
the Fridley Softball Association letter dated June 1, 1971, as authorized by
Ordinance #463. Seconded by Councilman Harris. Upon a voice vote, all voting
aye, Mayor Kirkham declared the motion carried unanunously.
CONSIDERATIDN OF REDISTRICTING OF WZjRD BOUNDARIES:
MOTION by Councilman Harris to receive the information supplied by the Acting
City Manager. Seconded by Councilman Liebl. IIpon a voice vote, all voting aye,
Mayor Ktrkham declared the motion carried unanimously.
RESOLUTION #63-1971 - A RESOLUTION RECERTIFYING SPECIAL ASSESSMENTS ON TAX
FORFEIT PROPERTY WHICH HAS BEEN REPORCHASED:
MOTION by Councilman Liebl to adopt Resolution #63-1971. Seconded by Councilman
Harris. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion
carried unanimously.
APPOINTMEIQT. BOARD OF APPEALS: (FOr Vacancy of Robert Ahonen)
Mayor Kirkham submitted the name of Mr. Donald E. Wall, 6850 Washington Street
N.E., Telephone: 560-2272. He said that he was an enqineer and a resident of
Fridley for 10 years.
MOTION by Councilman Harris to concur with the appointment of Donald E. Wall
to the Board of Appeals. Seconded by Councilman Kelshaw. Upon a voice vote, all
voting aye, Mayor Kirkham declared the motion carried unanimously.
APPOINTMENTa CUSTODIANc
Name
PositlOri
Paul A. Paulson Custodian
Fridley, Minnesota
Effective Date Salary Replaces
June 14, 1971 $628 per Ernest J.
month Meados
MOTION by Councilman Aarxis to concur in the appointment of Paul A. Paulson as
custodian. Seconded by Councilman Liebl. Upon a voice vote, all voting aye,
Mayor Kirkham declared the motion carried unanimously.
APPOINTMENT: CITY MANAGER:
MOTION by Councilman Breider to appoint Gerald R. Davis as City Manager e.ffecta.ve
3une 15, 1971. Seconded by Councilman Harris. Upon a voice vote, all voting aye,
Mayor Kirkham declared the motion carried unanimously.
CLAIMS:
MOTION by Councilman Breider to approve payment o£ General Claims #25257 through
#25376 and Liquor Clauns #5646 through #5650. Seconded by Councilman Liebl.
Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried
unanimously.
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REGULAR COUNCIL NIEETING OF JUNE 7, 1971
LICENSES:
Cigarette
Chanticlear Pizza
6304 Hwy. 65
Fridley, Minnesota By: Richard Kempe
Public Drinking Place
Frontier Club
7365 Central Ave.
Fridley, Minnesota By: Marlene Povlitzki
Food Vending Machines
** Mico Independent Oil
6500 East River Road
Fridley, Minnesota By : Bruce Behnke
Fiesta Beauty Salon
244 Mississippi
Fridley, Minnesota By: Irene Truppman
Gary's Shell
6101 Universrty Ave.
Fridley, Minnesota By: Gary Longerbone
Fridley Golf Driving Range
8100 University Ave.
Fridley, Minnesota By: Roger Jones
Standard oil Co.
6490 University Ave.
Fridley, Minnesota By: Coca-Cola Midwest Inc
Gulf Service Station
7451 East River Road
PAGE 22
Approved By
Police Chief
Police Chief
Health Inspector
Health Inspector
Health Inspector
Health Inspector
Health Inspector
Health Inspector
Fridley, Minnesota By: Coca-COla Midwest Inc. Health Inspector
Fullerton Metal Co.
5170 Main St.
Fridley, Minnesota Sy: Coca-Cola Midwest Inc
Moore Lake IInion 76
5695 Hackmann Ave.
Fridley, Minnesota By: Richard Kyro
Assurance Mfg. Co.
7753 Beech St.
Fridley, Minnesota By: Assurance Mfg. Co.
** Health Inspector ok'd £or pop and candy only.
The milk cooler was not approved.
Health Inspector
Health Inspector
Health Inspector
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REGULAR COiINCIL MEETING OF JUNE 7, 1971
LICENSES CONTINUE➢:
Food Vending Machines
Steiger & Gertzen Garage
5519 Central Ave.
Fridley, Minnesota
East RiVer Road Garage
6501 East River Road
Fridley, Minnesota
Phillips 66
5667 University Ave.
Fridley, Minnesota
Railroad Accessories
4650 Main Street
Fridley, Minnesota
Les's Standard
7680 Hwy. #65
Fridley, Minnesota
Food Establishment
Chanticlear Pizza
6304 Hwy. #65
Fra.dley, Minnesota
Canteen Corp. of FMC
A800 Marshall Street
Fridley, Minnesota
Brothen, Inc.
7501 Commerce Lane
Fridley, Minnesota
Stav's Snperette
6483 University Ave.
Eridley, Minnesota
Stav's Superette
6319 Hwy. #65
Fridley, Minnesota
** Fridley Jaycees
Fridley, Minnesota
** Fridley Mrs. Jaycees
Fridley, Minnesota
By; Ernest Gertzen
By: Michael Zgodava
PAGE 23
Approved By
Health Inspector
Health Inspector
By: Pioneer Aistributing Co. Health Inspector
By: Griswold Coffee Co
By: Les Schaffran
By: Richard Kempe
By: Henry Baudin
By: Rolf Brothen
By: Robert S�avanau
By: Robert Stavanau
By: Marvin Bodeker
By: Jeanette Coleman
** Special license for carnival being held on June 2-6
across from Holiday Village North in empty lot
Health Inspector
Health Inspector
Health Inspectox
Health Inspector
Health Inspector
Health Inspector
Health Inspector
Health Inspector
Health Inspector
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REGULAR COUNCIL MEETING OF JUNE 7, 1971
LICENSES CONTINUED:
Garbage Pickup
J & W Pickup Service
7631 Lake Drive
Circle Pines, Minn. By: Leo Bruder
Walter's Disgosal Service
2930 101st Avenue
Minneapolis, Minnesota By: John Walter
Service Station
Gary's Shell
6101 University Avenue
Fridley, Minnesota Sy: Gary Longerbone
Fridley DX
5701 University Avenue
Fridley, Minnesota By: Duane Schlattman
Off Sale Beer
Stav's Superette
6483 University Avenue
Fridley, Minnesota By: Robert Stavanau
Stav's Superette
63I9 Hwy. #65
Fridley, Minnesota By: Robert Stavanau
Chuck's Gulf Station
7315 Hwy. #65
Fridley, Minnesota By: Charles Jordan
Heating
Delwce Heating & A/C Company
1405 West 97th Street
Bloomington, Minnesota By: William Nagel
Masonry
Stone Masonry
15002 University Avenue
Anoka, Minnesota By: Jerome Stone
General Contractor
Mike Adams Builders
4720 Wingard Lane
Brooklyn Center, Minnesata By: Michael Adams
PAGE 24
Approved By
Poiice Chief
Health Inspector
Police Chie£
Health Inspector
Fi�e Chief
Building Inspector
Fire Ch�,ef
Huilda.ng Inspector
Police Chief
Health Inspector
Police Chief
Health Inspector
Police Chief
Health Inspector
Plumbing Inspector
Building Inspector
Building Inspector
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REGULAR CDUNCIL N]EETING OF JUNE 7, 1971
LICENSES CONTTNUED:
General Contractor
Donco Builders, Inc.
1052 Osborne Road N.E.
Fridley, Minnesota_ By: Roger Larson
Andrew P. Gawel Contrs. Inc.
2407 Washington Street N.E.
Minneapolis, Minnesota By: Andrew P. Gawel
Jamison Brothexs Inc.
5406 Sunset Road N.E.
Spra.ng Lake Park, Minn. By: W. Anderson
Robert F. Norberg Builder
3316 Hillsboro Avenue North
Minneapolis, Minnesota Sy: Aobert F. Norberg
Olympic Construction Co.
2828 Sth Avenue South
Minneapolis, Minnesota By: Robext McGregox'
PAGE 25
Approved By
Building Inspector
Building Inspector
Building Inspector
Building Inspector
Building Inspectar
MOTIUN by Councilman Harris to approve the licenses as submitted. Seconded by
Councilman Kelshaw. Upon a voice vote, all voting aye, Mayor Kirkham declared
the motion carried unanimously.
ESTIMATES:
State of Minnesota
Department of Highways
St. Paul, Minnesota SS101
FINAL Estimate #1 for Work Performed Under
Agreement No. 55619 SP 0205-32, T.H. #47 &
Osborne Road Signal
FINAL Estimate #1 for Work Performed Under
Ag�eement No. 55611, SP 0205-32, T.H. #47 &
53rd Avenue Signal
Hardrives, Inc.
10135 Central Avenue N.E.
Minneapolis, Minnesota 55435
PARTIAL Estimate #1 for Work Completed and
Materials on Hand, all According to Contract.
Street Improvement Pro�ect St. 1971-1
PARTIAL Estimate #1 for Work Completed and
Materials on Hand, all According to Contract.
Stxeet Improvement Project St. 1971-2
$ 7,019.05
$11,333.12
$24,693.21
$ 1,547.91
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REGULAR COUNCIL MEETING OF SUNE 7, 1971
ESTIMATES CONTINUED:
Dunkley Surfacing Co.
3756 Grand Street N.E.
Minneapolis, Minnesota
PARTIAL Estimate #5 for Work Completed & Materials
on Hand, all According to Contract. Street
Improvement Pro7ect St. 1970-4
Park Construction Company
51 37th Avenue N.B.
Fridley, Minnesota
PARTIAL �stimate #2 for Work Completed & Materials
on Hand, all According to Contract. Meadowlands
Park Storm Sewer Pro7ect No. P-10.
PAGE 26
$34,078.98
$ 781.05
MOTION by Councilman Liebl to approve payment of the estimates as submitted.
Seconded by Councilman Breider. Upon a voice vote, all voting aye, Mayor
Rirkham declared the motion carried unanimously.
CONSIDERATION OF TRAILER PERMIT RENEWAL - BURLINGTON NORTHERN:
MOTION by Councilman Kelshaw to approve the txailer permit renewal requested by
Burlington Northern. Seconded by Councilman Liebl. Upon a voice vote, all
voting aye, Mayor Kirkham declared the motion carried unanimously.
SETTING DATE FOR FIRST MEETING IN JULY:
It was brought to the Council's attention that the Fourth of July is on Sunday
and the Fifth is a Holiday.
MOTION by Councilman Harris to set the Regular Council Meeting for July 12,
1971. The motion was seconded and upon a voice vote, all votinq aye, Mayor
Kirkham declared the motion carried unanunously.
COMMUNICATIONS:
A. SCHOOL DISTRTCT #16: NSP RATE INCREASE:
MOTION by Councilman Liebl to receive the communication from School District
#16 dated May 18, 1971. Seconded by Councilman Kelshaw. Upon a voice vote, all
voting aye, Mayor Kirkham declared the motion carried unanimously.
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HEIGHTS: MEETING ON NSP RATE INCREASE:
MOTION by Councilman Liebl to receive the communication from Columbia Aeights
dated May 18, 1971. Seconded by Councilman Kelshaw. Upon a voice vote, all
voting aye, Mayor Kirkham declared the motion carried unanimously.
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REGULAR COUNCIL MEETING OF JULVE 7, 1971 PAG� 27
� C. COLUMBIA HEIGHTS: NSP RATE STUDY:
MOTION by Councilman Liebl to recieve the commumcation from Columbia Heights
dated May 27, 1971. Seconded by Councilman Breider. Upon a voice vote, a11
ayes, Mayor Kirkham declared the motion carried unanimously.
D. BROOKLYN PARK: RE�ONING HEARING NDTTCE - DURNAM ISLAND:
MOTION by Councilman Liebl to receive the rezoning hearing notice from Brooklyn
Park regarding the rezoning of Durnam Island. Seconded by Councilman Kelshaw.
Upon a vo�ce vote, all ayes, Mayox Kirkham declared the motion caxried
unanimously.
E. N. MTNNEAPOLIS CHAPTER OF THE ISAAK WALTON LEAGOE: DURNAM ISLAND:
MOTION by Councilman Liebl to Yeceive the resolution from the North Minneapolis
Chapter of the Isaak Walton League regarding Durnam Island. Seconded by
Councilman Kelshaw. Upon a voice vote, all ayes, Mayor Kirkham declared the
motion carx'ied unanimously.
F. GENERIIL TELEVISION: CABLE TELEVISION:
Councilman Harris said that he read with interest the proposal by General
Television to serve Fridley with cable T.V. He said that he would be happy to
� receive all proposals to serve the City with cable T.V.
MOTION by Councilman Harris to serve notice that Eridley wi11 entertain pxoposals
for cable T.V. until Suly 19, 1971. A certified check in the amount of $25,000
is to accompany the application for franchise cable televis:.on. Out of this
amount supplied by the successful biddex, will be taken administrative costs in
prepara.ng documents, research etc. Seconded by Councilman Kelshaw. Upon a voice
vote, all voting aye, Mayor Kirkham declared the motion carried unanimously.
RESOLUTION #64-1971 - A RESOLUTION ESTABLISHING WORKING CONDITIONS, WAGES AND
HOUILS OF EMPLOYEES OF THE CITY OF FRIDLEY PUBLIC WORKS AND PARK DEPARTMENT3:
MOTION by Councilman Liebl to adopt Resolution #64-1971. Seconded by Councilman
Bxeider. Upon a voice vote, a11 voting aye, Mayor Kirkham declared the motion
carried unanimously.
ROCK AND ROLL DANCE AT WLUMBIA ARENA:
Mayor Kirkham said that the Council did not put this item on the Agenda, but all
members received a copy of the memorandum from the Chie£ o£ Police concerning a
rock and roll dance at Columbia Arena. He felt that the City should follow his
suggestions and be prepared for rt. Councilman Harris felt that since it is in
Fridley, the City has the right to insist on certain conditions of performance.
Mayor ICirkham said that the County has already authorized a.t. They are going
� to use the Anoka County Water Patsol. They axe not police officess and do not
have the power of arrest.
MOTION by Councilman Aarris to order a communication sent to Anoka County statinq
that this dance was approved prior to it coming to the Fridley Council for review.
He would request that there be 25 uniformed police officers present, or a number
recommended by the Police Chief. The motion was seconded.
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REGULAR WUNCIL MEETING OF SUNE 7� 1971
PAGE 28
Mrs. Helen Treuenfels said that a rock and roll dance is not the same thing
as a rock festival. Councilman Harris said that was not his understanding and
that he wanted adequate control. Mayor Kirkham added that Fridley is res-
ponsible for what happens within the City. The Water Patrol are not trained
Policemen. The Acting City Manager said that they were told by the County that
they would contact the Chief of Police and provide protection with whatever
method he recommended, This is not what they did.
THE VOTE upon the motion, Heing 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 June 7, 1971 ad7ourned at 12:40 A.M.
Respectfully sul�mitted,
z����� �����t .ti.�
lSUel Mercer
Secretary to the City Council
� -; z'� ��- !�,Z�1���., -
Jack 0. Kirkham
� Mayor
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