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06/21/1971 - 00018063� �� ^1H� MINUTr.S OF THE REGULAR COUNCIL MEETING OF JUNE 21, 1971 � PLEDGE OF ALLEG2ANCE: Mayor Kirkham led the Council and the audience in saying the Pledge o£ Allegiance to the Flag. INVOCATION: Reverend Bc-'rgren, Redeemer Lutheran Chuxch, offered the Invocation. Mayor Kirkham called the Regular Council Meeting o£ June 21, 1971 to order at 7:45 P.M, R6LL CALL: NIEMSERS PR�SENT: Haxris, Bxeider, Kelsh.aw, Kirkham, Liebl MENIBERS ABSENT: None APPROVAL OF THE MINUTES OF TFIL REGULAR COUNCIL MEETING OF JUNE 7� 1971: P10TION by Councilman Breider to adopt the Minutes of the Regular Council Meeting of June 7, 1971 as presented. Seconded by Councilman Kelshaw. � Upon a vo.uce vote, all voting aye, Mayor Kirkham declared the motion carrzed unanimously. APPROVAL OF THE MIIQUTES OF THE SPECIAL PUBLIC HEARING MEETING OF JUNE 14� 1971: MOTION by Councilman Kelshaw to adopt the Minutes of the Special Public Hearing Meeting of June 14, 1971 as submitted. Second�d by Councilman Breider. Upon a voice vote, all ayes, Mayor Kirkham declared the motion carried unanimously. APPROVAL OE THE MINUTE5 OF THE BOARD OF EQUALIZATION MEETING OF JiJNE 16, 1971: MOTTON by Councilman Breider to adopt the Minutes of the Board of Equalizatlon P�eeting of June 16, 1971 as presented. Seconded by Councilman Liebl. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously. ADOPTION OF AGENDA: Mayor Kirkham said the following items are to be added: Consideration of extension of sanitary sewer on Gardena Avenue. Receiving letter from Robins, Ihvis & Lyons rec Consolidated Container Corp. (Pro7ect #93) MOTION by Councilman Breider to adopt the Agenda as amended. Seconded by � Councilman Harris. Upon a voice vote, all voting aye, Mayor Kirkham declared the rnotion carried unanimously. . i i' .� REGULAR COUNCIL MEETTNG OF JLINE 21, 1971 � VISITORS: Mr. Carl A. Paulson: PAGE 2 Mr. Carl Paulson read a letter al.oud addressed to the Mayor and submitted it to the Council. The letter concerned filing a complaint against a traffic violator. Robert White, 6600 Fridley Street N.E.= Moon Walk: Mr. Robert White presented a tag he had reCeived from the Building Inspection Departrnent and asked what was the procedure he was supposed to follow. He saa.d he had set up a Moon Wa1k in his back yard to patch it, He said he was not aware of any Ordinance against this. The City Engineer said there was a complaint to the Police Department on the Moon Walk in a residential neighborhood. It is against the Ordinance to operate a business in R-1. He said his understanding Was that at some time Mr. Whrte put it up and charged the neighborhood children to use it. This is a violation. There is the problem of liability in case someone should get hurt. Mr. White said he charged a fee about a month ago. The Police Departrnent had talked to him and said there was no law against it, but they had the Building Inspection Department come out. � Mayor Kirkham said the Administration takes care of ticketing enterprizes needing permits. There is no Oxdinance against them but a pernut is needed. He advised that he should apply for a permit. Councilman Breider asked if he could not set it up to fix it, if he did not charge a fee. The Citp Attorney said that the present zoning ordinance states that you cannot conduct a business in R-1 if it is visable to the neighbors. Whether he was fixing the equi�- ment on private propezty is at the discretion of the City. If he put it up for a brief time to repair it, there is no problem, but he must not operate it. The City Engineer told him he would be liahle if someone got hurt. It is a violation to operate on residential property. The Counca.l advised Mr. Whrte he must comply with the Ordinance and asked him to stop 1n at City Ha11 for the permit needed. The City Enga.neer said that this is something new and an Ordinance does not cover this specifically, but they would request information such as how long it would be put up, what would be the hours, where, etc. It could not be operated in anything other than a commercial area. Mr. Robert McGregor, 1315 June Avenue South, Re: 265 Stoneybrook Way: Mr. McGregor said that he was a former resident and hoped to be again. He said he was in the process of building a home on a difficult lot in Pearson's Craigway Estates by the creek. He had written the City Manager a letter and has applied £or a variance o£ the front yard setback for the garage. Due to the � difficult lot he a.s having trouble meeting the 35 foot setback for his garage. He can meet the requirement for the house. During the process of getting, or having the variance denied, he would like a building permit to start on his house, then depending on what the Board of Appeals rules, he will construct the garage. If the variance was denied he would have to put in posts and pre-stressed slab for the garage. Setting the garage forward, there would still be about 15 � •)� REGULAR COUNCIL MEETING OF SUNE 21, 1971 PAGE 3 courses of block. He understood that the Code states that there cannot be a � residential home built without a single garage. When he requested a building permit for the house he was refused because the variance for the garage was pending. Councilman Harris asked him if he wanted to proceed unmediately with the house. Mr. McGregor said yes. He said that the variance is scheduled for their next meeting, but he would like to start work on the house in the meantime. MOTION by Councilman Harris to approve the building permit for the house at the normal setback. When he is to pick up his permit, he is to submit a signed letter of intent for the construction of the garage. Seconded by Councilman Breider. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously. Leslie Vasseur, 5096 Topper Lane: Complaint on Licenses Reqaired for pogs But Not Cats: Mr. Vasseur said that he was here regarding a letter he recezved the lst part of June in regard to the $5 license for dogs, regardless of whether tYtey are kept on their own premises. He felt the license fee was quite stiff, especially when the cats are allowed to run free. He said it should be $3 fox dogs and $2 for cats. Councilman Harris said that at the request of many people in the community there was an attempt to strengthen the Ordanance on dogs and increase the � patrolling for stray dogs. He was talking ahout dogs that are allowed to run loose, but the City has to have some mandatory license program. The Citp has more than doubled the surveillance on dogs. There is a problem, faixtxess does not necessarily come with the fee. The City does not know in each individual case wheiher the dog is confined on the property most of the time, but some guidelines must be set. The complaints reeeived by th�.s Council axe 990- complaints on dogs. To keep stray dogs from running loose, the Ordinance was needed. Mr. Vasseur said that it was mentioned about branding the dogs. He felt that would be a good idea. Councilman Liebl said that what was discussed was tattooing the paws. This could never be lost like a tag and the owner could always be found. There were two children bitten by stxay dogs and they had to undergo the shots, which are quite painful. There were 400 dogs picked up in 1969. He agreed that the cats running loose can be a problem too, and there are complaints by bird watchers on the cats killing the k�irds. Mayor Kirkham said the Council would take this under advisement. It can be discussed again at the end o£ the meeting or put on the Agenda. Mr. Vasseur asked that it be put on the Agenda. Councilman Liebl said that some people misunderstood the letter that was sent out, as in one place it talks of a license and in one, a pernu.t. They thought they needed both. � � i� REGULAR COUNCIL MEETING OF JUNE 21� 1971 PAGE 4 � Mr. Connie Rallis, Shorewood Lounge: Mr. Rallis came forward to present the Council with $42,300 which he said was the balance of the down payment £or Shorewood Lounge. He said he would like to discuss the off-sale with the Council. They are very flexible in regard to the five year lease. I£ the City has a chanqe in plans, he would be willing to discharge the obligation on the off-sale lease. He said he had talked to Mr. Gibson in regard to building an oEE-sale £acilit}� on his property £or the City. He then hancled out copies of a letter he received from the Finance Director. He sald that he was willing to let the City stay as long as they want or if they acquire INr. 6ibson's property and build a building and arrive at a reasonable rent the City could move as soon as it was built. MOTION by Councilman Kelshaw to receive the $42,300, the balance of down payment for Shorewood Lounge. Seconded by Councilman Liebl. Mr. Rallis said that he would like to ask for a liquor license. He thought it was advisable to get in there as soon as possible and would like to start work immediately. The Finance Director said that he would go over thls with him the next day. He added that he had already started the process of getting his liquor license. The City Attorney said that the formal way of transferring property is by Ordinance aacording to the City Charter. As soon as both parties are satisfied, � that Ordinance will be read. Mayor Kirkham asked Mr. Rallis to work with the City Attorney on this. THE VOTE upon the motion, being a voice vote, all vo�ing aye, Mayor Kirkham declared the motion carried unanimously. PUBLIC HEARING ON REZONING REQUEST, ZQA #71-�4, SRYANT INVESTMENT CQMPANY, WILLIAM BARBUSH: (Area along University Avenue South of S3rd Avenue) The City Enginees said that this request was for a change in zoning fxom M-2 to commercial and showed the area on the screen and said it was 7ust south of 83rd Avenue. He added that there was some discussion on this item under the Planning Commission Minutes on Pages 29 and 30 of the Agenda. The Planning Commission had continued their hearing. Mayor Kirkham asked if there was anyone present in the audience that wished to speak, with no response. The City Attorney asked if this was only south of 83rd Avenue. The City Engineer said yes, the area north of 83rd has been com- pleted. This is where Viking Chevrolet rezoned. He added that to the south is the golf driving range. Councilman Liebl commented that Roger Jones was given a five year option on the golf driving range. MOTION by Councilman Kelshaw to close the public hearing on the rezoning request ZOA #71-04, Bryant Invastment Company. Seconded by Councilman Bxeider. Upon a voice vote, all voting aye, Mayor Kirkham declared the hearing closed at � 8:25 P.M. t )� REGUI�AR COUNCIL MEETING OF JUNE 21, 1971 PAGE 5 ORDINANCE #481 - AN ORDINANCE AMENDING CHAPTER 28 OF THE CiTY CO➢E RELATING � TO THE CONTROL AND PREVENTION OF SREE DISEASES: MOTION by Councilman Breider to adopt Ordinance #481 on second reading, waive the reading and order publication. Seconded by Councilman Harris. Upon a roll call vote, Liebl, Harris, Breider, Kelshaw and Kirkham voting aye, Mayor ICirkham declared the motion carried unanimously. CONSIDERATION OF A REQUEST FOR A VARIANCE OF SECTION 45.053, 4B� ERIDLEY CITY CODE, TO REDUCE THE SIDE YARD SETBACK REQUIREMENT FOR AN ACCESSORY BUILDING ON A CORNER LOT FROM 25 FEET TO 2 FEET TO ALLOW TAE CONSTRUCTION OE A GARAGE ON LOT 1D, BLOCK l, RIVER EDGE ADDITION, BY LEWIS L. FARR: (BOard of Appeals Minutes, Tabled 6-7-71) The City Engineer said that there is a public easement to the park property located to the west. Counca.lman Harris said that the Ordinance provides that there be a hard surface driveway out to the street. There was a considerable discussion at the Council table between the petitioner, the property owner to the south, the Council and the Administration. Councilman Harris said that the City Engineer would come out and set up the guidelines to follow for the Farr's. MOTION by Councilman Breider to approve the variance requested contingent upon their working with the City Engineer on the easement to define the driveway � within the right of way. Seconded by Councilman Kelshaw. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously. RECEIVING REPORT REGARDING SPEEDY CAR WASH, SKYWOOD MALL� AND OTHER BUSINESSES IN THE AREA: The City Engineer said that to be found in the Council Agenda are letters to Mr. Mortenson and the businesses in the area containing the basic conditions he has agreed to. Some of the cleaning up of the trash has been done, and he has done some mowing. He said he talked to him today and Mr. Mortenson hoped to have the ma7or portion of the work completed by next week. The City Engineer supplied the Council with copies of a letter from Speedy Car Wash that outlines the items they feel Skywood Mall should complete according to their lease. MOTION by Councilman Liebl to receive the report by the Ca.ty Engineer and the letter from New Highland Car Wash dated June 15, 1971. Seconded by Councilman Breider. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously. Councilman Harris asked £or a follow-up the first meeting in Suly. RECEIVING REPORT REGARDING DRAINAGE SYSTEM ALONG CENTRAI, AVENUE ON MOORE LAKE BEACH PARKING LOT: The City Engineer reported he had met with the Parks and Recreation Director and � their recommendation is found in the memorandum to the Council Number CM #71-07 dated June 21, 1971. If the Council concurs, they will proceed with the piping. There is about 400' of pipe involved. r r i a� REGULAR COUNCIL MEETING OF JUNE 21, 1971 PAGE 6 � Councilman Harris said that he had no ob7ection to the piping, but wondered how long the area will coniinue to satisfy the needs of the community as a swimming beach. Some day the Council will have to consider a municipal pool. If that were to happen in the near future, should this money be spent? Mayor Kixkham said that it was veiy possible there may be a pool, but there would be no need to close Moore Lake Beach. The Lions Club �ust announced they plan to spend about $20,000 to beautify the area. It may be that a pool will be added, but there is no reason to close Moore Lake Beach. Councilman Liebl said that he had asked the Administration to �ustify the expense to the Council. If Mooxe Lake Beach .�s to be kept open for the next 10 years, the cost would be �ustifiable. He £elt the Council should concur with the Parks Director and the City Engineer as an open ditch would be unsightly. MDTION by Councilman Liebl to approve the pip�.ng of the drainage along Central Avenue abutting Moore Lake Beach parking lot. Seconded by Councilman Harris, with the comment that this is with the idea the beach will continue for a numbes of years. The City Enga.neer said that there were other things at Moore Lake other than the beach. There are the tennis courts and someday, there may be a bicycle path around the lake. THE VOTE upon the motion, being a voice vote, all voting aye, Mayor Ka.Ykham � declared the motion carried unanimously. Councilman Breider said he would like the Parks and Recreation Director to work up the feasibility o£ a municipal pool and report back in generalities. He would like to know the estimated cost. FIRST READING OF AN ORDINANCE REGARDING VACATION REQUEST, SAV #71-02, JUSTER ENTERPRISES, INC.: (Street and Alley in Onaway Addrtion) MOTION by Counca.lman Liebl to approve the Ordinance on first readzng and waive the reading. Seconded by Councilman Breider. Upon a roll call vote, Liebl, Harris, Hreider, Kelshaw and Kirkham voting aye, Mayor Kirkham declared the motion carried unanimously. The City Engineer said that the second reading would be withheld until the City has received the deed for the cul de sac at the west end of 7Sth Avenue. RECEIVING THE MINUTES OF THE BUILDING STAI3DARDS - DESIGN CONTROL MEETING OF JUNE 10. 1971: 1. CONSIDERATION OF A REQUEST TO CONSTRUCT PROJECT I OF AN APARTMENT COMPLEX LOCATED ON THAT PORTION OF THE EAST '� DF THE SOUTHEAST a OF SECTION 24, LYING NORTH OE INTERSTATE #694, FRIDLEY, MINNESOTA. (REQUEST BY VIEWCON, INC., 5901 OSSEO ROAD, BROOKI,YN CENTER, MINNESOTA): � The City Enga.neer said that this is located in the Innsbruck North plat and is a request for approval of the first phase of the apartment complex. He then showed the plans on the easel. The Suilding Standards -➢esign Control recommended approval and recommended that the requirement of 500 of the building be brick be waived. They have planned the apartment complex to conform with ( )iJ REGULAR COUNCIL MEETING OF JUNE 21� 1971 PAGE 7 the town house development by usinq rough sawn cedar siding for a rustic look � they feel will blend well with the wooded areas in the plat. The landscaping plans are held in abeyance because they want to save as many trees as possible. They wzll come back for approval of these plans later. Mr. Chuck Van Eeckhout said that Nlr. Darrel Farr had not yet arrived at the Meeting. He asked that the discussion be delayed until he arrived. The Council decided to discuss these plans for the apartment complex with the plans for the townhouse Phase I that is contained in the Planning Commission Minutes. 2. CONSIDERATION OF A REQUEST TO ERECT A CANOPY LOCATED ON LOT 3� BLOCR l� C.D. HUTCHINSON AD➢ITION, THE SAME BEING 7429 EAST RIVER ROAD, FRIDLEY� MINNESOTA. (REOUEST BY EARL M. DUFFY. 60 TALMADGE WAY, FRIDLEY, MINN.): The City Engineer said that this xequest was for a canopy at the Root Beer Stand on East River Road and Osborne Road. The Building Standards - Design Control approved the request sub7ect to their complying with everything shown on the original plot plan, There is some cleaning of the property to do. MOTION by Councilman Breider to approve the request by Mr. Earl M. Duffy, sub7ect to their complying with everything shown on the original plot plan. Seconded by Councilman Liebl. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously. 3. CONSIDERASION OF A REQUEST TO CONSTRUCT AN APARTMENT BUILDING LOCATED ON � LOTS 1-6, BLOCK 1, CARLSON'S SUMNIIT MANOR ANNEX 2ND ADDITION� THE SAME BEING 5149 THIRD STREET N.E.� FRIDLEY, MINNESOTA. (REQUEST BY BRIGHTON INVESTMENT COMPANY, 1202 PIKE LARE DRIVE, NEW BRIGHTON, MINNESOTA): The City Engineer reported that this rtem was laid over by the Building Standards Design Control Subcommittee and was discussed again in the Minutes of the .7une 17, 1971 Meeting, where the Council can take action. 4. CONSIDERATION OF A REQUEST TO CONSTRUCT A 3 STALL GARAGE EOR A FOUR-PLEX LOCATED ON LOT5 1 AND 2� BLOCK 7� HYDE PARK� THE SAME BEING 6060 2'� STREET N.E., FRIDLEY, MINNESOTA. (REQUEST BY R.J. BAUMAN, 6061 2ND SSREET N.E� FRIDLEY, MINNESOTA): The City Engineer said that this request is located at 61st Avenue and 2� Street. The proposal is to add on 3 garages to a four-plex. He would like permission to add another unit. The Building Standards - Design Control approved the garages, but could not approve the addition of the unit as he did not meet the square footage requirements and would have to have a variance. He was advise$ he would have to go to the Board of Appeals. Mr. Bauman said that this property was built before the present zoning Ordinance went into effect, Now, according to the Ordrnance, the driveway has to be surfaced etc. He felt it was financially unfeasible to add the driveway and garages, therefore, he would like to add the additional unit to help defray � the cost. The garages would also give addational storage space. Councilman Breider asked if he planned on renting out the garages. Mr. Bauman said both, he would like to use one, or maybe two for his car and storage and for a place to work on making necessary repairs. The other could probably be rented out. � .� U REGULAR COUNCIL MEETING OF JUNE 21, 1971 PAGE 8 � Councilman Harris asked if it was blacktopped on the side, and Mr. Bauman said no, it was gravel. Councilman Harris asked if he ob7ected to putting in the driveway and to the parking requirements. Mr_ Bauman said yes, he could not see where the expense incurred would be off-set by any rent taken from one garage. Councilman Harris said the Council could give him approval for the garages, but as far as the additional unit goes, he would have to appear before the Board of Appeals, requesting a variance of the area requirements, then the Council would take another look at it. MOTION by Councilman Liebl to grant the permit for the three stall qarage to Mr. R.S. Bauman. He commented that the gasage would be an improvement to the property. Mayor Kirkham Called for a second, received none, and declared the MOTION DIED FOR LACK OF A SECOND. Mr. Bauman was advised to go through the procedure of applying for a variance and to talk to the City Engineer in the near future. 5. CONSIDERATION OF A REQUEST TO CONSTRUCT A FOOD STORE LOCATED ON LOT 5, BLOCK 1, MAPLE MANOR ADDITION, THE SAME BEING 620 OSBORNE ROAD, FRIDLEY MINNESOTA. (REQUEST BY P.D.Q. FOOD STORE, 8900 PENN AVENUE SOUTH, MINNEAPOLIS, MINNESOTA 55431): � The City Engineer showed the plans on the easel and said that rt was to be a block building with brick facing on three sides. The Buildinq Standards - Design Control approved the request sub�ect to some conditions and he would like to make the additional requirement of the Pence along the south property line over to the road easement. This condition was put on at the tune of granting the lot split. The fence is to be 6' high, made of chain link wa.th wooden slats in it. It is to prevent people from the south walking through the rec- reational area of the apartments to the south of there to get to the PDQ store. Mr. Chuck West said that he understood that they were to fence only that portion of the lot that they would be using. Councilman Harris said that was not the intent. A£ence only half way would do no good, the people would �ust walk around the fence and there would still be the problem of people cutting through the recreational area to the south to get to the store. Councilman Breider asked what material was used on the back of the building. The City Engineer said that it was painted block. Councilman Harris asked how high it was,the City Engineer said 19'. Mr. West said that the back would be break-off block on the back of the building and the other three sides would be bra.ck veneer. The City Engineer asked how they would be handling their garbage. Mr_ West said that they would have a qas fired incinerator by the back door. The City Engineer asked if it would be enclosed. Mr. West replied that they would do whatever is required. Councilman Breider said he understood access would be � £rom Osborne Road through a single access. Mr. West said yes, and the City Engineer added there would be bumper curbs on the west side. MOTION by Councllman Breider to approve the permit sub�ect to the stipulations of the Building Standards - Design Control with the additional stipulation that there be a 6' high chain link fence with wooden slats across the south � L� � REGULAR COUNCIL M�ETING OF JUNE 21, 1971 PAGE 9 line of the property over to the road easement and that the incinerator area be screened suitable to the staff. Seconded by Councilman Harris. Upon a voice vote, Harris, Breider, Kelshaw and Kirkham voting aye, Liebl voting nay, Mayor Kirkham declared the motion carried. MOTION by Councilman Harris to receive the Minutes of the Building Standards - Design Control Minutes of June 10, 1971. Seconded by Councilman Kelshaw. Upon a voice vote, all voting aye, Mayor ICirkham declared the motion carried unanimously. RECEIVING THE MINOTES OF THE BUILDING STANDARDS - DESIGN CONTROL MEETING OF JUNE 17, 1971- 1. CONSIDERATION OF A REQUEST TO CONSTRUCT AN APARTMENT BUILDING LOCATED ON LOTS 1-6, BLOCK l� CARLSON'S SUMMIT MFINOR ANNEX 2ND ADDITION, THE SAME BEING 5149 THIRD STREET N.E., FRIDLEY� MINNESOTA. (REQUEST BY BRIGHTON INVESTMENT COMPANY, 1202 PIKE LAKE DRIVE, NEW BRIGHTON, MINNESOTA): The Czty Engineer said this request is to construct an apartment building on Third Street. The Building Standards - Design Control approved the request with some st�,pulations. This plan was approved in 1968 or 1969 and they are coming back for reapproval. They have the same model that was presented before. It is an all brick building and the garages will be rough sawn cedar, including the ends. They are providing two accesses. They do have some drainage problems and they will have to get permission to connect into the Highway Department's system. A Representative said that there was one request they would like to make. This is in regard to the entrances to the building. There are two front doors that protrude 1' beyond the allowed setback. This is to provide for the security system. They would like to leave the plans with a 34' setback, although the bulk of the building will be set back 35', because of the close quarters for the garages. He would hate to lose even one foot in back of the apartment building where the garages are. There is a four foot entrance between the out- side doors and the inside secnrrty doors. The City Engineer added that the garages are only 6' from the highway right of way. These are long narrow lots. The Representative was asked if each apartment unit would have a garage and he replied they would. He added there were 25 single family units. Councilman Liebl asked him the price per unit and he replied $11,OD0 per unit without the garage. Councilman Harris said that he would pre£er having the doors protrude 1' rather than have parking problems in the back. The Representative said that it was beyond the realm of the Building Standards - Design Control to grant the variance. MOTION by Councilman Harris to grant the permit for an apartment house requested by Brighton Investment Company subject to the stipulations of the Building Standards - Design Control with the exception of #1. They are to be allowed the 1' variance to allow for the pro�ection of the two double doors, with the remainder of the building to be set back 35'. Seconded by Councilman Kelshaw. Upon a voice vote, Harris, Breider, Kelshaw, and Kirkham voting aye, Liebl voting nay, Mayor Ki.rkham declared the motion carried. � � � � � - .,..�„�� �- .� _ .� �. � L� � REGULAR COUNCIL MEETING OF .TUNE 21, 1971 RECEIVING THE MINUTES OE THE BOARD OF APPEALS MEETING OE JUNE 15, 1971: PAGE 10 The City Engineer said the fa.rst item, a request for a sideyard variance for a garage requested by Mr. Larry Vogt (536 Ironton) was laid over to allow the applicant to try to place the garage in some other location on his lot. 2. A REQUEST FOR A VARSANCE OF SECTION 45.053, 4B, SUBPARAGRIIPH 3, FRIDLEY CITY CODE, TO REDUCE THE SIDE YP.RD ADSOINING AN ATTACHED GARAGE FROM 5 FEET TO 4 FEET TO ALLOW THE CONSTRUCTION OF A GARAGE ON LOT 8, BLOCK 2, SWANSTROM'S COURT ADDITION, THE SAME BEING 1344 SKYWOOD LANE, N.E., FRIDLEY, MINNESOTA. (REQUEST BY MR. VERISiN E. EDWARDS, 1344 SKYWOOD LANE N.E.� FR2➢I,EY, MINNESOTA 55421). The City Engineer said that this request is to allow building a double garage. The applicant has a single garage now. The Board of Appeals recommended approval. MOTION by Councilman Breider to approve the variance requested by Mr. Verlan E. Edwards. Seconded by Councilman Kelshaw. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously. 3. A REQUEST FOR A VARIANCE OF SECTION 56.05, 3A, FRIDLEY CITY CO➢E, TO INCREASE TE3E MAXIMUM RCOF SIGN AREA FROM 15 PER CENT OF THE TOTAL WALL AREA (62 SQUARE FEET) TO 78 SQUARE FEET TO ALLOW THE ERECTION OF A ROOF SIGN ON PART OF LOT 18� BLOCK 5, RICE CREEK P�AZA.60UTH ADDIT�ON. (HOLLY SHOPPING CENTER), THE SAME BEING 6570 UNIVERSITY AVENUE N.E., FRIDLEY, MINNESOTA. (REQUEST BY LEIB'S, 6570 UNIVERSITY AVENUE N.E., FRI➢LEY, MINNESOTA): The City Engineer reported that the Board of Appeals recommended approval of the requested variance. He added that Leib's have said they will take their old sign down. MOTION by Councilman Liebl to approve the sign area variance requested by Leib's. Seconded by Councilman Breider. Upon a voice vote, all voting aye, Mayox Kirkham declared the motion carried unanimously. 4. A REQUEST FOR A VARIANCE OF 5ECTION 45.053, 4B, SUBPARAGRAPH 3, TO REDUCE TAE SIDE YARD ADJOINING AN ATTACHED GARAGE FROM 5 FEET TO 3.9 FEET TO ALLOW THE CONSTRUCTION OF AN ATTACHED GARAGE ON LOT 17, BLOCK 2, SWANSTROM'5 COURT AD➢ITSON, THE SAME BEING 1385 53RD AVENUE N.E., FRIDLEY, MINNESOTA. (REOUEST BY MR. RAY NELSON, 1385 53E2D AVENUS N.E., FRIDLEY, MINNESOTA): The City Engineer said the Board of Appeals recommended approval of the request for a variance. He would_like to point out the ad�oining neighbor submitted a letter of "No Ob7ection", however, the letter states that there would be 15' between his house and the garage. This is slightly incorrect, as they would be 14'3" apart. He suggested, that to avoid difficulties, there be a new letter submitted. MOTION by Counc�.lman Breider to approve the variance requested by Mr. Ray Nelson � sub7ect to the new letter of "No Ob�ection" being svbmitted as suggested by the City Engineer. 5econded by Councilman Harris. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously. MOTTON by Councilman Liebl to receive the Minutes of the Board of Appeals Meeting of June 15, 1971. 5econded by Councilman Breider. Upon a voice vote, all ayes, Mayor Kirkham declared the motion caxried unanimously. � � 9 ��,� REGULAR COUNCIL MEETING OF SUNE 21, 1971 RECESS: The meeting recessed at 9:40 P.M. and reconvened at 10:00 P.M. PAGE 11 RECEIVING THE MINUTES OF THE PLANNING COMMISSION NIEETING OF JUNE 9� 1971: 1. POLICY REGARDING FUTURE DEVELOPMENT OF GAS STATION5: The Crty Engineer said that the Planning Commission has been reviewing this, and has some recommendations, .found on Page 40 and 41 of the Council Agenda, for changes to the zoning oxdinance. This section deals with special use permits for gas stations and incorporates special language to be used with new requests for gas stations. If the Council feels they would like to follow through on this, he would bring back an Ordinance for first reading at the next meeting. MOTION by Councilman Harris to instruct the City Engineer to bring back an Ordinance for consideration by the Councl.l regarding special use permits for gas stations. Seconded by Councilman Kelshaw. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanunously. 2. REZONING REQUEST, ZOA #71-04, SRYANT INVESTMENT CO.� WILLIAM BARBUSH: Area bounded on north by 83rd Avenue, on the south by Slst Avenue, on the west by Main Street extended and 600 feet west of University Avenue to be rezoned from M-2 to C-2 (general business areas). The City Engineer said that this item has already had the pvblic hearing by the Council as one of the first items tonight. The Planning Commission continued their hearing, so no action is necessary by the Council. 3. REQUEST FOR SPECIAT, USE PERMIT, SP #71-08, SKELLY OIL COMPANY, REPRESENTED BY C.W. ROLLMAN: A service station to be constr�cted on Lot 1, Block 1, Pearson's Addition, per Section 45.101, 3E, Fridley City Code. The City Engineer said this was a request for a special use permit for a Skelly Oil Gas Station on the southeast corner of East Rxver Road and 79th Avenue. It is zoned commercial. The Planning Commission held their hearing and rec- ommended denial, but if requested by the applicant the Council could hold a public hearing also. Nir. Spencer J. Sokolowski, representing Skelly Oil Company, said that he would like to pursue this request on their behalf. If the Council feels a pul�lic hearing is proper, fine, but they would like to proceed. He then showed the Council a picture of a Skelly Station, and said it would be a three bay station. This land has been C-2S since 1955 when it was rezoned fxom R-3. The M-1 area was also zoned at that time. It remained that way until 1969 when the apart- ment complex, Five Sands, rezoned it. There are apartments in there now. In 1962 and 1963 a building permit was issued for a Super American Station and in 1964 there was an Ordinance passed desiqnating an expiration date on building perma.ts. Five Sands never contacted the land owners of this parcel about buying it for part of the apartment complex. Until 1969 there was no need of a special use permit. The land owner purchased this land in April, 1969, two or three months prior to this special use permit Ordinance. At the time of purchase, there were plans for a drive-in type restaurant and a gas station. These plans were referred to Council in July, 1969 where there was no actzon as the Council wanted further information. He felt this was an ideal location i � C � �=�-7 REGULAR COUNCIL MEETING OF JUNE 21, 1971 PAGE 12 � for a gas station, and added there is another Skelly Oil Station on Mississippi Street and East R�.ver Road which may not be there very long because of the widening of East River Road. The owner of the land talked to the City Engineer and he understood there was no requirement for a special use permit because he was planninq to build prior to the Ordinance being passed. He added the applicant has checked with the neighbors and they had 55 signatures on the petition a.n favor of the gas station. Only two people ob7ected. There was a seven unit apartment building where six of the tenants signed the petita.on. There was one neighbor across the street that was aPraid the lights would shine in the window, but Mr. Sokolowski pointed out that there axe also many lights from the traffic on East River Road. He said he had received a copy of the letter from Mr. Fudali (Five Sands) in which he states they feel this would not be proper use of the land, but they should have consulted with the owner of the land when they purchased their property. He said Mr. Fudali suggested a small grocery store, and commented that rt goes against the grain to be told how to use one's property. He said this location is ideally situated and would lend itself well to a gas station development. He said they would deed 15' for access to run parallel with East River Road and that they would only want right turns off East River Road. Councilman Breider asked, if it was an ideal location, why, in 1962, was a station not built. Mr. Sokolowski said he did not know, it may be that Super America found another location. Councilman Breider said he believed Skelly received a special use pernut to bmld on 73rd Avenue and Central Avenue. Do � they still plan to build there? A representative said that they ran into legal problems with that location. Councilman Harris saa.d that at this point he is not ready to make a �udgment. The first item discussed in the Planning Commission Minutes was setting £orth some criteria for the development of gas stations. Whether Skelly Oil Company would meet this new criteria ox not he did not know at this time, he did not yet know what this new criteria would be, as it has no� been developed yet. The staff has been instructed to prepare it for Council consideration. He continued that Fridley seems to be getting their share of gas stations, and some criteria is needed to be developed within the framework of the present Ordinance. There will be six loopbacks along University Avenue between Osborne Road and the City limits and at some point there has to be made a determination on 7ust how many gas staiions Fxidley xeally needs. The Council is in the process o£ taking a hard look at this. He said, speaking for himself, he would like to have the criteria developed first. Councilman Kelshaw agreed he was not ready to make a decision. He said he would like to look at this further. Mr. Sokolowski offered any more information that could be supplied� and Councilman Harris said he did not believe they needed anything more from him. Mx. Sokolowski said that he would like a decision. He added that there was a case where a building permit was issued, some time weht by, and in the meantime an ordinance was passed. It was taken to court and the court ruled that the building permit was valid. The construction season only lasts so long, so �hey would appreciate a decision. Councilman Harris said that he was � not trying to delay this item, but asked that Skelly Oil Co. bear with the Council. The first meeting in July they should have some information from the staff on the gas station policy. l �� REGULAR COUNCIL MEETING OF JUNE 21, 1971 PAGE 13 Councilman Liebl asked if he would want a public hearing before the Council� and added that is the applicant's prerogative. Mr. Sokolowski sald yes. Councilman Liebl said he would like to see if there is any ob7ectlon, He added that there are gas stations that go out of business and he would want the man who runs the station to make a go o£ it. He agreed w.xth Councilman Harris, he would like to wait for the information first. At some point the Council must say no, there cannot be gas stations on every corner, He asked why the owner of the land did not get in touch with Five Sands, they should have worked together. This land was a mixture of three dif£erent zonings. Mr. Fudali has a considerable investment in his property. Councilman Breider asked when the public hearing could be. The Cxty Engineer said there was no requirement for a public hearing, so a,t could be held anytime. Mr. Sokolowski asked i£ the criteria the Counca.l speaks of would be developed by July 19th, and the City Engineer said yes. MOTION by Councilman Harris to set a public hearing date of July 19, 1971 for the request for a special use permit, SP #71-08, by Skelly Oil Company, Seconded by Counci].man Breider. Upon a voice vote, a11 voting aye, Mayor Kirkham declared the motion carried unanimously. 4. CONSIDERATION OF A REQUEST TO APPROVE THE PRELIMINARY PLAN OF PHASE I OF A TOWNHOUSE DEVELOPMENT BY VIEWCON, INC.; That portion of the E'� of the SEa of Section 24 lyinq North of Interstate #694. The Crty Engineer reminded the Council that they wanted to also discuss the apartment complex covered in the Building Standards - Design Control Minutes at this time, with the discussion of the townhouse development. He showed the plans for Phase I of the apartment complex and said Building Standards - Design Control recommended approval with some stipulations. It is to be an L shaped building using a rustic type of siding. Mr. Chuck Van Eeckhout showed the Council a map which represented Silver Lake Road and past the property they plan on developing. New Brighton is planning a lot of commercial activity north of the intersection. Viewcon is now planning Phase I of the townhouse development and Phase I of the apartment complex, plus the single family dwellings. They are the contract for deed purchaser, but the deed has not been recorded yet. They are still talking with New Brighton, but there has not yet been formal approval. Councilman Harris asked that P1r. Van Eeckhout identify the single family lots on the map, which Mr. Van Eeckhout did. He said there was sewer and water near the free- way and so this a.s the area they planned on starting. Councilman Harris asked what type of homes they would be and Mr. Van Eeckhout said two story, split level, two split foyers, and a ramuler. Conncilman Harris asked the price range and Mr. Van Eeckhout replied between $45,000 to $60,000. Councilman Harris asked the density of Phase 2 of the townhouse development. Mr. Van Eeckhout said he believed it was 9 per acre. He added that in many townhouse developments, the density is 12 per acre and F.H.A. recommends 10. He added they would sell for about $27,000 to $35,000. They would be sold like a car and i£ the people want to have added extras, it could run up to $50,000. Councilman Harris asked the density in the apartment complex and Mr. Van Eeckhout replied for 238 units, about 18 - 20. Councilman Harris asked if this � � , � � P� REGULAR COUNCIL MEETING OF JUNE 21, 1971 PAGE 14 � was within the zoning ordinance and the Crty Engineer said on an area basis, there would be allowed about 17 pex acre_ Mr_ Van Eeckhout said they would be allowed to built up to 850 units on the site. They tried to use big buildings to gain more usable open space. By using big buildings, there are more open spaces. They did not feel they were crowding. The City Engineer asked about garages. Mr• Van Eeckhout said there was a heated underground garage for each unit. Councilman Harris asked if the agreement covered the 850 units. Mr. Van Eeckhout said that this zoning was restra.cted to 12 units per acre. The agreement limited them to a lower densrty, so they are going with a high density in the apartments and lower in the townhouses. There are 374 townhouse units and 476 apartments for a total of 850. Councilman Harris asked how many acres were in the multiple zoning. Mr. Van Eeckhout said 64'� - 65 acres, and added he did noti know if the acreage in the park was used in computing the density. Councilman Liebl asked about the road to Silver Lake Road. Mr. Van Eeckhout said that the requixement was that it be bonded and would be built by them according to Fridley's specifications. He did not know at this time if rt was going to be a public or private road, they are working on that now with New Brighton. Councilman Kelshaw said there was something in. the minutes about a trailer � by Matterhorn. Mr. Van Eeckhout explained they are proposing a sales office and showed a rendering of their proposal. Initially they planned a trailer, but changecl their minds to a temporary structure ahout 20' X 40', set by the Matterhorn Eridge. This would be used as an interim measure until their permanent sales office is built. They would like to start construction on the whole three phases and in order to proceed with the marketing, they would need a sales office. He thought they would be using the existing trails to take people back to show them the sites. They would probably ba using gol£ caxts to go in to show the people the sites for sale. Councilman Breider asked how long they would be using this temporary office. Mr. Van Eeckhout said it was difficult to say. From the time they start, they could complete the sales facility in 60 - 90 days. They hope to start very soon. They need local approval before they can get F.H.A. approval. F.H.A. has already given feasa.bility approval. He added the pro�ect plan is to bring in the utilities from the west and the materials from the east and start construction simul- taneously. Thep plan no roadway unprovements to the west except Regzs Lane and Matterhorn. There is no connection with Hathaway Lane. Councilman Kelshaw asked if any heavy equipment would be usinq Regis Lane. Mr. Van Eeckhout said that �he City Engineer would map out the route for the utility construction as he feels best. Councilman Harris said he was concerned with the density requirements. Mr. Van Eeckhout said in developing their plans, they were concerned with the amenities. They would like to develop a system of walks and parkways. There is a community ' park to the north of the apartment area, and the townhouse area has a lake area on the west side of it. They plan a nea.ghborhood park near the lake which they would like to dedicate to the community. This could be a tot-lot type o£ park. There will be pathways from the townhouses in the south to the park north of the apartments. They are not proposing to change the size of the lake there now. I -!- (� REGULAR COUNCII, MEETING OF JUNE 21, 1971 PAGE 15 He demonstrated how wzth the L shaped apartment build, everyone would look out onto a green area. U7ith the woods the way they are, it should be a nice complex. Their plans call for garbage shoots, suanas, swimming pool, exercise rooms, heated garages etc. Councilman Breider asked the cost per unit a�d Mr. Van Eeckhout said about $16,000. Mrs. Aelen Treuenfels asked what school district this is in. Councilman Harris said School District #13. Councilman Harris commented that there would be long hallways with the L shape when coming from the garages. Mr. Van Eeckhout said there would be elevators. Councilman Breider asked what if the residents have two cars. Mr. Van Eeckhout said there would also be outside parkang. Mr. Van Eeckhout showed a larger view of the townhouses and said they planned on having eight model unrts. They would like permission for these to get the sales under way. They have to pre-sell a certain number of units. Councilman Harris asked how they were proceeding on the plat. A Representative said they are waiting for some information. They will first plat the single family lots with the multiple area as outlots. The platting for the townhouse area will be done after the buildings are begun. They feel this is the most practical for this wooded site, so that some adjustments could be made. Mr. Van Eeckhout saxd they did not know if they would plat the single family lots separately. He added he would get together with the City Engineer on some of the details. Councilman Harris said that the Council should look at the plat when it is done. Mr. Van Eeckhout said they should be finished soon. Councilman Kelshaw asked if the temporary sales office would just be used for the single family homes. Mr. Van Eeckhout said that he understood this would require a special use permit for the operation of the temporary facility on an interim basis. After thought, they felt that t,he trailer house they originally planned would not be consistant with the area and had their architect develop the present plan. It is an A frame, much like a lake home. This would be easy to move off when it is no longer needed. It would be used 2aoth f'or single family homes and townhouses. Councilman Harris asked Mr. Van Eeckhout if they would put it in the park when they are done with it. Mr. Van Eeckhout said that would be considered. Mr. Van Eeckhout showed another rendering of the townhouses and said they felt they were in keeping with the character of the woods. They are vexy clean and neat. Councilman Harris asked what was the townhouse average unit size. Mr. Van Eeckhout said they differ, but the average would be about 1240 square feet to 1440 square feet. Councilman Harris askad if they would be one and two bedroom units. Mr. Van Eeckhout said yes, there are no three bedroom units. Three bedroom units will be available in the townhouses. Councilman Breider asked the apartment unit density at Twin Lakes. Mr. Van Eeckhout replied 16. He added that wrth smaller buildings, more land is used, With big buildings you get moxe vast expanses of open land. Even wzth a density of 20 there is more usable open space with the bigger buildings. They are well within the allowable land coverage. � ' I i I� ��( REGULAR COUNCIL MEETING OF JUNE 21, 1971 PAGE 16 � The City Engineer asked what was the average square footage of the apartment una.ts. Mr. Van Eeckhout said for the two bedroom they would be from 1010 square feet to 1050 square feet and for the single bedroom, about 750 square feet. Councilman Harris referred to a letter to the City Engineer that was in the April 5th Agenda concerning the east-west road to serve the multiple dwellings. He read the letter aloud and said that he understood that the multiple land would be served from the east. Mr_ Van Eeckhout said yes, the City Engineer had asked for a letter petitioning for street and utility a.mprovements. He said when he dictated the letter, he was in a hurry and he admitted the wording was not too clear, but there is no intent to shift the philosophy. Basically, the utilities wa.11 come from the west and the access is from the east. The City Engineer asked how much the units would rent £or. Mr. Van Eeckhout said for the two bedroom the rent would vary from $225 to $325 and for the one bedroom, $195 to $215. He added that the units have fire places and sunken livzng rooms. Councilman Liebl asked how much they rent their units far at Twin Lakes. Mr. Van Eeckhout said it was 2bout the Same. Councilman Harris asked if he agreed to start construction on the single family homes simultaneously, and Mr. Van Eeckhout said yes. MOTS.ON by Councilman Kelshaw to approve the Preliminary Plan, Phase I of the townhouse development, Phase I of the apartment development, sub7ect to the � stipulations of the Building Board, approval of a building permit to construct eight model townhouse units, subject to the conditions placed at the time of rezoning which would include the single family dwellings and the street access through to Silver Lake Road. Also to grant a special use permit for the operation of the temporary sales office until December 31, 1971. Seconded by Councilman Harris, with the instructa.ons that the sales office is to be removed within 30 days after expiration of the special use permit, however, if they need an extension of time, they are to apply for it. The City Engineer said that there is also required detailed plans of the recreational area and detailed landscaping plans. These can be taken care of later. He wanted it understood that Yhey must meet the conditions contained in the agreement. No traffic is to be directed through the residential area during construction of the apartments and townhouses. Also there is to be subma.tted a drainage plan, he said he would work with them on this. Mr. Van Eeckhout asked if the Council wanted the hard shell of the plat to come back before the Council. The City Engineer said to bring it back to the Council befare it is signed after rt is completed. THE VOTE upon the motion, being a voioe vote, all voting aye, Mayor Kirkham declared the motion carsied unanimously. MOTION by Councilman Kelshaw to receive the Minutes of the Plamm�g Commission � Meeting of June 9, 197L Seconded by Councilman Brea.der. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously. ��� REGULAR COUNCIL MEETING OF JUNE 21, 1971 PAGE 17 CONSIDERATION OF REQUEST FOR WAIVER OF PROVISIONS OF CHAPTER 16 DF THE CITY � CODE; STREET VENDING: (REQUEST BY B�IRBARA GLOMMEN): The Finance Director said that this is a request for a waiver of the insurance requirements for peddling snow cones throughout the City. The applicant has a three wheeled vehicle with an ice chest on the back and carries the syrup. The Health Inspector recommended denial. MOTION by Councilman Breider to concur with the recommendations of the Administration on the denial of the street vending license. Mr. Glommen said that he was Barbara's father. She was unable to attend the meeting as she is out of town. The Ordinance requires $SO,ODO insurance for single in7uries and $100,000 for personal in7uries and $5,000 for property damage, He said 'ne went to their insurance agent an$ he had never heard of such insurance for a bicycle type of operation. There is not such insurance avail- able. He said he would like very much to be able to tell his daughter what the reason was for denial. Denial because the Health Inspector did not like the idea is not a sufficient reason and he did not like the idea of having to tell his daughter this. He has tried to instill a respect for the law in his children and insisted that they abide by the law. He woula request for his daughter; what would she have to do to meet the requirements? The Finance Director said they would be getting further clarification. He said the Health Inspector would be writing a memorandum. The Finance ➢irector � said he was concerned about the insurance problem. Councilman Harris said that the insurance requirement is ridiculous in this case for a bicycle. The Council will not operate on the basis of denial "because they do not like it". Mr. Glommen said his daughter is 17 years old and is earning money to go to college. Counczlman Breider asked if she was the only one that rode the tricycle. Mr. Glommen said that she has others that help her. Councilman Breider asked how many. Mr. Glommen said that he did not know, but he thought 6- 8. Councilman Breider asked Mr. Glommen if he had liability insurance, in case something should go wrong. Mr. Glommen said that they deal with wholesalers and do not process any material themselves. They have no product liability. Councilman Kelshaw said that once she purchases the material from a wholesales, she is liable. Mr. Glommen pointed out that the insurance requixement stated in the Code is vehicular insurance. He questioned whether restaurants have to have product liability. Councilman Harris felt this was a permissible operataon and he would encourage the youth toward business enterprises. However, he did feel there should be some insurance. He questioned what would happen if one of her employees was hit by a car. Councilman Kelshaw pointed out that she is a minor and worktnen's com- pensation would not cover. Mr. Glommen said he was willing to comply with the provisions of the Code, however, this is not part of the Code. Councilman Harris said this Ordinance is qeared to police street vending, rather than restaurants. The insurance required by the Code is meant for motora.zed vehicles. The City Attorney questioned if a liability policy would cover those in her employ if they were hurt. Councilman Kelshaw said that he , doubted if it would cover this type of operation. The City Attorney asked if she operated in other communities without insurance and Mr. Glommen said yes, she is licensed in Spring Lake Park and Blaine with no problem. I �- � � ' REGULAR COUNCSL MEETING OF JUNE 21, 1971 MOTION WITHDRAWN by Councilman Breider. PAGE 18 Councilman Breider said he was concerned with the possibilrty of a citizen buying a snow cone that had a piece of glass in it. What insuxance would cover? Councilman Harris added that operating without any coverage is putting Mr. Glommen in a difficult position. Councilman Kelshaw said he thouqht the premiums on the insurance would be more than any profits she might make. Councilman Breider wondered if the City could be found liable if they issued the license knowing there was no insurance. The City Attorney questioned whether there would be any danger of food poisoning without adequate refrig- eration. Mayor Kirkham said that you can buy the syrup from any grocery store and it is not refrigerated. The City Attorney asked where they got their ice. Mr. Glommen said from a supplier in St. Paul. The City Attorn,ey suggested this be taken under advisement, and brought back after hearing from the Health Inspector and after some checking into insurance. Councilman Haxris agreed, he did not feel the Council was in a position to grant the license now. He asked Mx_ Glommen to relate to his daughter their concern. The City Attorney said in answer to whether the City oould be found liable, he would be more concerned about the risk Mr. Glommen would be taking, rather than the City. The Council indicated they would like a full report by the Health Inspector. MOTION by Councilman Kelshaw to table this item to the Meeting of July 12th. Seconded by Councilman Liebl. Upon a voice vote, all voting aye, Mayor I:irkham declared the motion carried unanimously. RECEIVING REPORT REGARDING RELOCATION OF 115 Y.V LSNE AND COMBINING EXISTILSG LSNES ON THE 115 KV POLES, ESPECIALLY ON THE PROPERTIES BEHIND 69TH AVENUE: The City Engineer said that the property owners along 69th Avenue have shown some conce�'n about the addita.onal poles behind their properties. NSP can el,iminate some secondary poles if there is an agreement with the property owners to allow the service lines to cross over the ad7oining property. NSP is going to proceed with the installation, then go back and eliminate some of the secondary poles. The spacinq of the poles is farther apart than the existing distra.buta.on. Once the poles are installed, NSP plans on meeting with the neighbors. He did not believe there was any other way to eliminate the poles. MOTION by Councilman Haxxis to receive the communication from NSP dated June 14, 1971, and the accompanying maps. Seconded by Councilman Breider. Upon a voice vote, a11 voting aye, Mayor Kirkham declared the motion carried tinanimously. SETTING PUBLIC HEARING FOR BERLIN ADDITION VACATION BY THE GREAT NORTHERN RAILROAD; (SAV #69-03): MOTION by Councilman Harris to set the public hearzng date of July 12, 1971 � for the vacation request a.n Berlin Addition requested by Great Northern. Seconded bp Councilman Breider. Upon a voice vote, all voting aye, Mayor xirkham declared the motion carried unanimously. ( �i�) REGULAR COUNCIL MEETING OF JUNE 21, 1971 PAGE 19 REVIEW AND APPROVAL OF BURLINGTON NORTAERN RAILROAD YARD EXPANSION GRADING PLANS: The City Engineer said that when the rezoning of this property was approved, there was an agreement drawn up. They were to presenf their specifications to the City for approval. Burlington Northern has given these specifications out to contractors for bidding. Unless there is some specific questions or remarks by the Council, the action would be to receive and grant approval of the grading plans as per their specifications. MOTSON by Councilman Breider to receive and grant approval of Burlington Northern's grading plans for their railroad yard expansion. Seconded by Councilman Harris. Upon a voice vote, all voting aye, Mayor Kixkham declared the motion carried unanimously. LICENSES: Public Drinking Place Fireside IZice Bowl 7440 Central Avenue N.E. Fridley, Minnesota Club 47 6061 University Avenue Fridley, Minnesota Sandee's Cafe 6490 Centxal Avenue Fridley, Minnesota Fireworks Display 100 Twin Drive-In Fridley, Minnesota Garbage Pickup Christen Trucking 35p1 Silver Lake Road Minneapolis, Minnesota Solicitors Youth Employment of America Scandia, Minnesota Robert Cook 2510 E. 24th Street Minneapolts, Minnesota Bye Glenn Wong By: Robert Snyder By: William Weiss By: Robert Brazil By: Robert Christen By, Dorothy Hardy By; Robert Cook Approved By Police Chief Health Inspector Police Chief Health Inspector Police Chief Health Inspector Fire Inspector Police Chief Health Inspector Police Chief Police Chief � ' , REGULAR COUNCTL MEETING OE JUNE 21� 1971 � LICENSES CONTINUED: Food Establishment: Fxidley Youth Football Assoc. Commons Park Fridley, Minnesota By: Thomas Nielsen Blacktopping Lino Lakes Blacktopping 502 Lilao Street Circle Pines, Minnesota By: Dale Ramsden Gas Service Sassco Incorporated 475 Sth Avenue N.W. New Brighton, Minnesota By: Robert Jansen General Contractor Amber Construction Co. Inc. 6D70 Stinson Boulevard N.E. Minneapolis, Minnesota By: Norman Dalberg � Antler Corporation 2954 North Rice Street St. Paul, Minnesota By. Douglas Chesnut Rodney L. Gooler, General Contractor 5618 56th Avenue North Crystal, Minnesota 55429 By: Rodney L. Gooler Jamison Brothers Inc. 84D6 Sunset Road N.E. Spring Lake Park, Minn. By: W.L. Anderson Wayne Sohnson Construction 655 Center Road Fsankfort� Illinois By: Wayne Johnson Scott Construction 1055 93rd Avenue N.W. Coon Rapids, Minnesota By: Russell Scott Shelter Homes Corporation 1550 East 78th Street Richfield, Minnesota By: Larry Laukka � Masonry Rrte-Way Engineering 2654 Lyndale Avenue South Minneapolis, Minnesota By: W.M. Stevens PAGE 20 Approved By Health Inspector Building Inspector Plumbing Inspector Building Tnspector Building Inspector Building Inspector Building Inspector Building Inspector Bua.lding Inspector Building Inspector Building Inspector '3 � I 6 R � REGUI.AR COUNCSL MEETSNG OF SUNE 21, 1971 LICENSES CONTINUED; Heating H.S. Horwitz, Inc. 1411 llth Avenue South Minneapolis, Minn. 55404 Sassco, Inc. 475 8th Avenue N.W_ New Brighton, Minnesota By; Mayer Krupp By: Robert Jensen PAGE 21 Approved By: Plumbing Inspector Plumbing Inspector MOTION by Councalman Breider to approve the licenses as submitted. Seconded by Councilman Liebl. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously. CONSIDERATION OF REDISTRICTING OF WARD BOUNDARIES: MOTION by Councilman Harris to table this atem. Seconded by Councilmar� Kelshaw. Upon a vozce vote, all voting aye, Mayor Kzrkham declared the motion carried unanimously. RESOLUTION #66-1971 - A RESOLUTION ORDERING IMPROVEMENT AND FINAL PLANS AND SPECIFICATIONS AN➢ ESTIMATES OF COSTS THEREOF: WATER�SANITARY SEWER� AND STORM SEWER PROJECT �102: MOTION by Councilman Liebl to adopt Resolution #66-1971. Seconded by Counczlman Kelshaw. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously. RESOLUTION #67-1971 - A RESOLUTION REQUESTING COMMISSIONER OF HIGHWAYS, STATE OF MINNESOTA� TO MAKE A TRAFFIC INVESTIGATION AND DETERNiINE A RERSONABLE AND SAFE SPEED LIMIT ON 73RD AVENUE NORTHEAST: Councilman Breider asked that if there is going to be more traffic on 73rd, to take Jackson Street into consideration as far as the cross traffic is concerned. He did not want to introduce more traffic onto Jackson Street. MOTSON by Councilman Breider to adopt Resolution #67-1971 and request that the cross traffic on Jackson Street be taken into consideration. Seconded by Councilman Kelshaw. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously. RESOLUTION #68-1971 - A RESOLUTION RECEIVING THE PRELSMINARY REPORT AND CALLING A PUBLSC HEARSNG ON THE MATTER OF THE CONSTRUCTION OF CERTAIN IMPROVEM.ENTS: WATER, SANITARY SEWER AND STDRM SEWER PROJECT NO, 103: MOTION by Councilman Harris to adopt Resolution #68-1971. Seconded by Councilman Liebl. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously. , � ' � � � REGULAR COUNCIL MEETING OF JUNE 21, 1971 PAGE 22 RESOLUTION #69-1971 - A RESOLUTION ORDERING IMPROVEMENT, APPROVAL OF PLANS AND ADVERTISEMENT FOR BIDS: STREET IMPROVEMENT PROJECT ST. 1971-10 (5EAL COATING)c Councilman Breider asked what streets were involved and the City Engineer put a map on the screen and pointed out the streets. MOTION by Councilman Harris to adopt Resolution #69-1971. Seconded by Councilman Breider. Upon a voioe vote, all voting aye, Mayor Kirkham declared the motion carried unanimously. RECEIVING HEALTH SANITARiZ�N QUARTERLY REPORT: MOTION by Councilman Liebl to receive the Health Sanitarian's quarterly report. Seconded by Councilman Breider. Upon a voice vote, all voting aye, Mayor Kirkham declaxed the motion carried unanimously. APPOINTMENT: Name Wayne E. Ek Po5ition Operations & Maintenance Man (Sewer Dept.) Starting Date Salary Replaces June 21� 1971 $715.00 Kenneth Arvola per mo. MOTION by Councilman Kelshaw to concur with the appointment as recommended by the Administration. Seconded Hy Councilman Breider. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously. CLAIMS: MOTZON by Councilman Kelshaw to approve payment of General Claims #25379 throuqh #25528 and Liquor Claims #5681 through #5735. Seconded by Councilman Breider. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously. CONSyDERATION OF PROPOSAL BY GERALD LAPIDES FOR RIGHT OF WAY NEEDED FOR T.H. #47 AND 60TH AVENUE SLIP-OFF: MOTION by Councilman Harris to accept their proposed compromise of $13,500 for the property at 5981 3rd Street. Seconded by Councilman Liebl. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously. APPROVAL OF TRAILER RENEWAL LICENSE FOR CLETUS D1EI, 1465 MISSIS52PPI STREET: MOTION by Councilman Breider to approve the trailer license requested by Cle�us Nei. Seconded by Councilman Liebl. Upon a voice vote, all voting aye� Mayor Kirkham declared the mota,on carxied unanimously. ESTIMATES: WeaveY, Talle & Herrick 315 East Main Street Anoka, Minnesota For Services Rendered - June Ba.11ing $2,136.D0 tl )ry � r�� REGULAR WUNCIL MEETING OE SUNE 21� 1971 ESTIMATES CONTINUED: Comstock and Davis, Inc. Consulting Engineers 1446 County Road "J" Minneapolls, Minnesota 55432 For the furnishing of resident inspection and resident supervision for the staking out of construction work: Estimate #13 (PARTIAL) for Water Improvement Pro7ect #95, Schedule B from May 3 through May 29, 1971 Estimate #7 (PARTIAL) for Sanitary Sewer and Storm Sewer Improvement Pro�ect #100 from May 3 through Map 29, 1971 Estimate #2 (PARTIAL) for Street Improvement Pro7ect St. 1970-1 from May 3, through May 29, 1971 PAGE 23 $ 389.33 $ 99.26 $ 859.01 MOTION by Councilman Harris to approve payment of the estimates as submitted. Seconded by Councilman Kelshaw. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously. CONSIDERATION OF APPROVAL OF EXTENSION OF SANITARY SEWER LINE ON GARDENA AVENUE: ST. 1971-2: MOTION by Councilman Kelshaw to approve the extension of the sanitary sewer line 2n Gardena Avenue from Central Avenue to 300' east. The motion was seconded and upon a voice wte� all voting aye, Mayor Kirkham declared the motion carried unanimously. CONSI➢ERATION OF COMMUNIGATION RECEIVED FROM ROBIN5� DAVIS AND LYDNS REGARDING CONSOLIDATED CONTAINER CORPORATION: WATER AND SEWER PROJECT #93: The City Attorney explained that the City appraisal was at $15,000 per acre and the land owners appraisal was $13,000 per acre. The City appraiser felt that the acreage taken for the road should not be computed because it was needed for access to the balance of the property, and the�efore, would benefrt them. Most of the property will be assessed back, and added that he did not think the offer a bad one. Councilman Breider asked if this fronts on 77th Avenue. The C�ty Engineer replied yes. Councilman Breider asked if the people across the street did not dedicate the property. The City Attoniey said yes, it is an un£air situation. There are situations where one party dedicates property and one does not and the property has to be condemned. The Council agreed the City Attorney was to proceed with litigation. MOTION by Councilman Liebl to receive the communication from Robins, Davis and Lyons dated Sune 16, 1971 and authorize litiqation. The motion was seconded and upon a voice vote, all votxnq aye, Mayor Kizkham declared the motion carried unanimously. � , ' REGIILAR COIINCIL MEETING OF JUNE 21� 1971 ADJOURNMENT: L �' PAGE 24 MOTION by Councilman Harris to ad�ourn the Meeting. The motion was seconded and upon a voice vote, all voting aye, Mayor Kirkham declared the Regular Council Meeting of June 21, 1971 adjourned at 12:00 Midnight. Respectfully submitted, � � ���r,�f �,'u� ��- Juel Mercer Secretary to the City Council � , � �(� IF�C ,�� Jack O. � Mayor 4 �� � � j "_r�� Kirkham i j 7�