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04/17/1972 - 00017489[� '��� � THE MINUTES OF THE REGULAR COUNCIL NIEETING OF APRIL 17, 1972 The Regular Council Meeting of the Fridley City Counca.l was convened at 7.40 P.M., April 17, 1972. PLEDGE OF ALLEGIANCE: Mayor Liebl led the Council and the audience in saying the Pledge of A1legiance to the Flag. INVOCATION: Mayor Liebl o£fered the Invocation. ROLL CALL: MEMBERS PRESENT: Mittelstadt, Bxeider, Liebl, Utter MENIBERS ABSENT: None ADOPTION OF AGENDA: Mayor Liebl said there was a communication to receive as follows: � Mrs. Wallace Marcus Proposing an Ordinance Requiring a Tree to Be Planted for Every 4,000 Square Feet on an Improved Lot. MOTION by Councilman Mittelstadt to adopt the Agenda as amended Seconded by Councilman Breider. Upon a voice vote, all ayes, Mayor Liebl declared the motion carried unanimously. VISITORS: Mrs. Don Cisar, 540 Cheri Circle, came forward and presented Mayor Lieb1 wrth a birthday cake and wished him Happy Birthday. .FIRST READING OF AN ORDINANCE FOR REZONING, ZOA #72-01 BY ALVIN A.NITSCHKE TO 'REZONE FROM R-1 TO R-3, 6591 MAIN STREET N.E : The Engineering Assistant showed the location on the overhead pro�ector and said that Mr Nitschke had 7ust suhmitted the plans, and presented th�m at the Council table. The plot plan is the same as the Council saw at the public hearing. There is to be a 35 foot Pront yard setback to the garages, then the garages, then a 12 £oot courtyard, then the structure with a 37 foot rear yard. Mayor Liebl asked if they were planning on a£ence along the rear lot line. The Engineering Assistant said there was some discussion about a fence along the south line, between Mr. Nitschke and the park, but perhaps a fence along the rear line should be considered also Mayor Liebl said that , it would seem to be advantageous to have a fence dividing the City property from the private property, as it would provide a screen to keep the children and their baseballs out. Mr. Nitschke did cooperate with the City when there was an exchange of land £or Jay Park. �'� .W REGULAR WUNCIL MEETING OF APRIL 17, 1972 PAGE 2 The Parks and Recreation Director said that he has had a request from a man ' liva.ng on 2nd Street �ust south o£ Jay Park .£or a fence along the south side of the City property to keep out the traffic £rom the apparatus area. This request has been referred to the Parks and Recreation Commission. Councilman Breider said that this looks like an impressive plan and should be a very nice looking building. Councilman Utter said that there was some discussion last week on a sixth parking place if he were to put in all two bedroom units, and asked if it would be a garage or a parking stall. The Engineering Assistant said that according to the Code whether it was a stall or garage is optional, but he would need one more to meet the Code. He said actually the requirement is £or 5=z, but in talking with Mr. Nitschke he could add one more on the side, as there is enough room. Mayor Liebl asked if the quality would be as good as the duplex �ust to the north and Mr. Nitschke said yes, it would be board on board on cedar with some brick in the front. Councilman M.tttelstadt asked if he had considered the fence along the east side of the property and N1r. Nitschke said yes, al�hough there is a tall hedge along the property. Councilman Mittelstadt said the hedge did not go the whole length of the lot. He thought it might be more convenient in terms of tresspassing if there was a£ence. Mr. Nitschke said i£ there was tresspassing from the park, he would take care of the fencing himself, rather than request the City to take care of it. Councilman Breider asked if his plans £it on the lot so that the garages would have about the same setback as the ad�oining structures. The Engineering � Assistant said yes, then the living quarters would be behind the garages. MOTION by Councilman Breider to approve the Ordinance on £irst reading and waa.ve the reading. Seconded by Councilman Mittelstadt. Upon a roll call vote, Liebl, Utter, Mittelstadt and Breider voting aye, Mayor Liebl declared the motion carried unanimously. The Engineering Assistant asked if it was the Council's wish to stipulate the fence along the park property and Councilman Breider said he would rather leave this up to the Building Standards - Design Control. The Engineering Assistant told Mr. Nitschke that if he got his application in right away, he would go be£ore the Building Standards at their Meetinq o£ May 4th. FIRST READING OF A VACATION ORDINANCE, SAV #72-01 BY RUSSELL HEDGE, GENERALLY LOCATED AT 649 53RD AVENUE N.E.: (Madison Street) The Engineering Assistant showed the location on the overhead pro�ector and said that the public hearing was held last week with no objections. This is for the vacation of a stub o£ Madison Street that has never been opened and the Staff and the Planning Commission recommends vacation with the condition that there are some easements retained. MOTION by Councilman Mittelstadt to approve the Ordinance on first reading and waive the reading. Seconded by Councilman Breider. Upon a roll call vote, Breider, Liebl,Utter and Mittelstadt voting aye, Mayor Liebl declared the , motion carried unanimously. � �� REGULAR COUNCIL MEETING OF APRIL 17� 1972 , RECEIVING COMMUNICATION REGARDING VACATION REQUEST SAV #72-02 BY JOSEPH LAURENT� GENERF�LLY LOCATED AT 1312 SKYWOOD COURT: PAGE 3 The Engineering Assistant showed the area on the screen and said this is a request to vacate the easterly 4.5' of an existing 15 £oot storm sewer ease- ment. He has aalvised Mr. Laurent that until he brings in the certi£icate o£ survey, it would be impossible to describe the vacation £or the Ordinance. NLr. Laurent has agreed to bring it in, so this vacation could be tabled until then. MOTION by Councilman Mittelstadt to table consideration of the vacation request by Mr. Joseph Laurent until he brings in a certificate of survey. Seconded by Councilman Utter Upon a voice vote, all ayes, Mayor Liebl declared the motion carried unanimously. DISCUSSION REGARDING NORTH PARK - kEQUESTED BY LEAGUE OF WOMEN VOTERS: Mrs. Barb Hughes said that the League of Women Voters has been studying parks, recreation and open space, nature trails and centers for the past year or so and have reached some conclusions They feel North Park is the most desire- able area in Fridley for the development o£ a nature center, and they would support the employment of a full time naturalist. This they £eel, is of pra.me importance and he could plan and coordinate activities for all natural areas in Fridley. As to £inancing, they would support ancl encourage financing a ' nature center development through local (city and school), state and/or Pederal funds, or some combination of these. She said they would also support some kind of minimal admission charge if necessary to operate and maintain the nature center. In considering the terrain, there are water resources, oak, birch and other woods, plus the animals already there. Such conditions are dif£icult -to recreate once they are destroyed The center would provide an opportunity £or all kinds of people to return and en7oy nature. The naturalist would be most desireable in planning the nature center, and he could also coordinate activities on Chase Island, Rice Creek, Locke Lake and Moore Lake. The League of Women Voters believe that education, scientific, cultural and nature oriented recreational activities should be of£ered at the nature center. Mrs. Hughes continued, as to a nature trail along .Rtce Creek, they feel it is a suitable use in a£lood plain and that development along the creek should be minimal. They believe trails along Rice Creek should be planned to use natural materials wherever possible and that erosion, pollution, flooding and maintenance problems be carefully considered in planning £or L-he trails. Mrs. Hughes said that they will explain their thoughts to other� in the community and that they will offer assistance if they can be helpful. She said they would like to show slides and perhaps arrange a tour through a nature center. She said they would most strongly urge action along these lines. � Councilman Breider said when she talked about the Rice Creek trails, was she talking only of the undeveloped sections? Mrs Hughes saa.d yes, it would be extremely di£ficult where the property is developed because oP easements, liability problems etc. there would be with the home owners. Some would say it would be all right, but some would not. In those areas where there is development, perhaps the trail could be directed away and put into utility rights of way. She said she could not envision a nature trail going through ��� REGULAR COUNCIL MEETING OF APRIL 17, 1972 PAGE 4 someone's back yard. ' Mayor Liebl asked the Parks and Recreation Director if he had any comments to make. The Parks Director said that in Fridley there is North Park, some land in Innsbruck acquired through dedication, some lots by Rice Creek that are tax forfeit, Locke Park, Chase Island now being considered in conjunction with the Island of Peace pro�ect, and one other area that would £it in with what Mrs. Hughes is talking about, and that would be in the Riverview Heights area. These are six areas in Fridley, and as Parks Director, he would say that Fridley is very fortunate to have land that can be used for this type o£ activity. As to North Park development, he said he would yield to the Parks and Recreation Commission. He said he is aware o.f ecology and the value of leaving land in its natural state. The Commission has this item on their Agenda for next Monday night. He said perhaps the Council could ask Mrs. Hughes to attend, he was certain the Commission would want to ask Mrs. Hughes questions. In respect to some oF these par- cels, that could be a long range plan, and could be up to a professional consultant. Mayor Liebl said at this time the Parks and Recreation Commission has not com- mitted rtself to anything speci£ic £or North Park. Action has been taken to acquire the funding, but they have not made any recommendation in regard to what kind of park £acility it would be. Mayor Liebl asked if it would be possible to have a multi-purpose recreational � facility in North Park. The Parks Director said yes, there is 120 acres and with a parcel that size, there are many opportunities. Mrs. Hughes said that part of the reason she was here was to emphasa.ze that 120 acre5 is a very adequate size for a nature center, and would preclude other activities needing a great deal o£ space such as golf, swimmirzg pools, baseball and football fields ete., it would not bar activities that would £it with a nature center, however, such as picnic areas. The I,eague's agreement on a multiple use would depend upon what types of uses were being discussed, and they would want those she mentioned prohibited. Mayor Liebl said that it is the duty of the Parks and Recreation Commission to determine the needs of the community. The Council cannot at this time give an answer, but they do have to live within the guidelines set out when the appli- cation for the grant was made. The decision would have to be made by the Parks and Recreation Commission, forwarded to the Council, then it would have to be determined whether rt meets the criteria under which the City borrowed the money. Mrs. Hughes said she understood this, that the League's interest was in lobbying and trying to convince people that there is a need for this type of activrty and that North Park is a suitable place for it. She wondered if, with the application, any commitment was made for the use of the land, and mentioned a golf course. Mayor Liebl said there had been no commitment for a gol.f course, but it is committed for a parks and recreational facility. He added that the League's ideas will be considered and that Mrs. Hughes is lobbying very e£fectively. , MOTION by Councilman Mittelstadt to receive the communication from the League of Women Voters, Mrs. Baxb Hughes, President, dated April 13, 1972. Seconded by Councilman Utter. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimoulsy. �, r� PJ � / REGOLAR COUNCIL MEETTNG OF APRIL 17, 1972 PAGE 5 � RECEIVING SHE MINIITES OF THE PLANNING COMMISSION MEETING OF APRIL 5, 1972: PROPOSED PRELIMINARY PLAT� P 5. #72-01, HEATHER HII,LS 2ND ADDITION BY MIKE O'BANNON A replat o£ Auditor's Subdivision #22 MOTION by Councilman Bxeider to set the public hearing £or May S, 1�72 for the hearing on the plat, Heather Hills 2nd Addition, by Mike O'Bannon. Seconded by Councilman Mittelstadt. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. VACATION REQUEST, SAV #72-03, GENE HETLAND: Vacate alleys in Block 7, Onaway Addition, North/South alley between Seech Street and Elm Street and East/West alley that exists now. MOTION by Councilman Breider to set May 8, 1972 £or the public hearing on the vacation request SAV #72-03 by Gene Hetland. Seconded by Councilman Utter. Upon a voice vote, all ayes, Mayor Liebl declared the motion carried unanimously. LOT SPLIT REQUEST: L.S. #72-02, RONALD E. SMITH: Lots 15 & 16, Block 4, and Lots 8, 9, and 10, Block l, Adams Street Addition. To make three 66 2/3 £eet lots £rom 5 £ortg foot lots. The Engineering Assistant said that this request is to take 5 Porty foot lots, or 200 feet, and divide them equally into three lots of 66 2/3 feet £or building ' sites. About a year ago the Council approved almost exactly this same request to the rear of this property. There was some discussion on whether the split should be like this or to make two 60' lots and one 80' lot. Mr. Dave Anderson said that he had earnest money on these lots and the agreement was made that he would purchase the lots providing the lot split went through to make three lots out of the five. I£ less than three lots, he feels the property would be too expensive. Mayor Liebl asked if he intended to build and Mr. Anderson said yes. Mayor Liebl asked i£ the homes hu would build would be in a class benefrtting the area. Mr. Dave Anderson said yes, they would be in the $30,000 range. It was pointed out that 75 feet is the basic requirement for new plats, however, this is an old plat with only 40 foot lots, and due to the £act that the lots both directly to the north and the south of these lots axe already built upon, and there is no mose available land that could be added to make them standarcl lots, this would seem to be the best use for these substandard lots. Mayor Liebl said that in approving the lot split, rt would made these lots o£ 66 2/3 £eet closer to the Code, and although he did not want a precident set, this would seem to be the best solu�ion to use these lots to their best advantage £or the builder and £or the City. MOTION by Councilman Utter to concur With the Planna.ng Commission and approve the lot split request L.S. #72-02 by Ronald E. Smith. Seconded by Councilman Mittelstadt. Upon a vocie vote, all ayes, Mayor Liebl declared the motion carried unanimously. � PRELIMINARY PLAT FOR PHASE I, (9 FOUR UNIT QUADRAININIUMS) BY VTEWCON, INC.: Condominium portion of total multiple unit complezc on part of Outlot H, Innsbruck North Addition being the 1600 Block. The Engineering Assistant reported that the petitioner withdrew his request. There were a number of questions raised by both the Building Standards and the Planning Commission, so Viewcon decided to withdraw, redraw their plans and start over again. ,;,, ,� �, REGULAR COUNCIL MEETING OF APRIL 17, 1972 PAGE 6 TRANSFER AND EXTENSION OF 5PECIAL USE PERMIT, SP #71-07, BY ANDIE HAUGEN ' (MR. SWIMMING POOL, INC.) TO GREEN GIANT HOME Z-1ND GARDEN CENTER FOR SWIMIKING POOL: The Engineering Assistant said that this request is £or the same area as last year by Bob's Produce Ranch. They were granted a special use permit £or one yeara Last year the operation was not under the jurisdiction of Green Giant, but trhis year they will be responsible for the maintenance, display and sales o£ the pools. He showed the plans on the easel and said that the plans include the 8' X 12' cabana used last year. The cabana will be used mainly for handout material and display of pool supplies and the actual sales will take place in the main Garden Center. Councilman Utter asked if the pool area would be £enced and the Engineering Assistant replied yes, it was last year. Councilman Utter asked i£ it would be locked so there would be no possibility of a youngster getting into this area. Mr. Bob Schroer said that it would be locked at night and it would also be locked if the salesman steps out for a cup of coffee. There will be an attendant there all the time. MOTION by Councilman Mittelstadt to concur with the Planning Commission and grant the special use permit SP �r71-07 to Green Giant Home & Garden Centers, Inc. for the purpose o£ above ground swimming pool display and to allow the cabana structure to be used again for a one year period as of the date o£ approval. Seconded by Councilman Utter. Upon a voice vote, all voting aye, Mayor ' Liebl declared the motion carried unanimously. PLANTING BOULEVARD 40 FEET� MOORE LAKE HIGHLANDS 4TH ADDITION. The Engineering Assistant said there is a program sponsored by the Senior High for planting trees and the thought was that the school might participate. Councilman Utter talked to the school and £ound that there is more land for planting now than trees available. Councilman Utter added that the school has a number of things scheduled .for this year already and there is neither trees nor time available. Mayor Liebl said he would like to encourage the young people to participate in the beautification of their City, and that it would be a worthwhile pro�ect for them to plant trees, nurture them and see them grow. He said, as he recalled, about 5 years ago Former Councilman Samuelson mentioned this. Mayor Liebl said he felt that the schools should be more involved in plantings within the City of Fridley. He asked that the Planning Commission pursue this and perhaps something could be worked out for next year. The Enga.neering Assistant sugqested that this strip of land could lend itself to a walking trail to Locke Park and that the Parks and Recreation Commission could consider it. FORTY FOOT LOTS IN FRIDLEY: Mayor Liebl said that Fridley still has some 40 foot lots le£t undeveloped, and i£ anyone should show an interest in purchasing them, he would like to have a ' policy already formulated that would be £air and impartial to all. The Engineering Assistant pointed out that last December the Planning Commission made a recommendation on the use of some o£ the 40' lots in Plymouth Addition. There cannot be a blanket policy for use on all 40' lots, because some of them are in the interior of a block and some are on a corner where if they were built upon, they wQUld create a traf£ic hazard. Mayor Liebl said that over the past five years, he has received calls £rom people having 40' lots and they wondered what they should do with them. He said he woulct Ia.ke to see every lot utilized ' ' ' REGULAR COUNCIL MEETING OF APRTL 17� 1972 PAGE 7 and on the tax rolls. He urged the Planning Commission to continue working on some sort of a policy. MOTION by Councilman Brezder to receive the Minutes of the Planning Coimnission Meeting o£ April 5, 1972. Seconded by Councilman Mittelstadt. Upon a voice vote, all ayes, Mayor Liebl declared the motion carried unanimously. .RECEIVING THE MINUTES OF TIIE BUILDING STANDARDS - DESIGN CONTROL MEETING OF APRIL 6, 1972. CONSIDERATION OF A REQUEST TO USE A DOUBLE-WI➢TH TRAILER FOR AN OFFICE LOCATED ON PARCEL 2650 AND PART OF PARCEL 2600, SECTION 12, T-30, R-24, ANOKA COUNTY, THE S11ME BEiNG 7625 VIRON ROAD N.E.� FRIllLEY, MINNESOTA. (REQUEST BY CASTLE MOBILE HONIES, INC.� 7151 HIGHWAY #65 N.E., FRIDLEY, MINNESOTA). The Engineering Assistant showed the location o£ the screen and said this business is just south of the Frostop Drive-In. He asked the Aclministrative Assistant to present the plans. The Administrative Assistant said that the stipulations on the special use permit are listed in the Agenda along with the stipulations imposed by the Building Standards. The changes the Building Standards made are that they wanted the front setback changed from 15 £eet to 20 feet and they did not recommend approval of blacktop curbing and wanted poured conarete curbing. They also did not have a complete landscaping plan and asked that it be presented to the Council at their meeting. Castle Mobile I-?omes plans on using oiled crushed rock for the trailer parking and blacktop £or their parking lot. The plot plan as submitted tonight covers all th� stipulations. Mayor Liebl asked if Castle agrees wa.th the changes in setback and Mr. Rotter of Castle Mobile FIOmes, said yes. He said, as to the poured concrete curbing, that they would like to suggest that pre-stressed concrete curbing be used. It could be anchored down with spikes. They feel that the blacktop curbing would detera.orate in 3- 5 years, so they offer the suggestion for the pre-stressed concrete curbing. The poured conexete curbing would be very expensive for a business with a special use permit £or a duration of only five years. Mayor Liebl asked if they would agree to oil the crushed rock and Mr. Rotter said yes• He then brought the landscaping plans to the Council table and said that he questioned the requirement £or sod in the two frontage strips along the service road, and that they would prefer to use aggregate. Sod is hard to maintain and in their former location they found that the sand blowing across the high- way would kill the sod. He agreed grass would look mcer and would add color to the two 20' X 75' strips in the front, but he did not feel it was practical. Mayor Liebl said that the sod would do much to beautify their business and he realized they were only asking for five year approval, but he did not feel aggregate is the answer. He pointed out Holiday used aggregate and had a lot of maintenance problems. It is difficult to keep it in place. Mr. Rotter said that sod is also difficult to maintain,but they would be willing to try it. Councilman Breider asked if he would be using plastic shrubs. Mr. Rotter said no, they would be live and said his plan was drawn up by Bob's Produce Ranch. Mayor Liebl asked if he would be using any evergreens and Mr. Rotter showed the �d sP� REGULAR COUNCIL MEETING OF APRIL 17, 1972 PAGE 8 types of greens he would be using. Mayor Liebl asked how much he plans on ' spending for the landscaping. Mr. Rotter saad about $1500 for the trees although the plans were based on using aggregate in front rather than sod. Councilman Utter commented that the sod would be cheaper. Mr. Rotter then showed on the plans where they planned on using the pre-stressed concrete curbing. Mayor Liebl asked the Council if they agreed with the use of the pre-stressed curbing and they agreed, and added that it would have to be spiked down. Councilman Mittelstadt said that then if one seata.on breaks, it could be taken out and replaced. Mayor Liebl said that he wanted thea.r sod maintained and that they were to water it occasionally. Councilman Breider added that the Council forced Viking Chevrolet to put in a green strip and he did not want to see a deviation. NIOTION by Councilman Utter to concur in approval with the exceptions noted in the discussion, so that the stipulations are as £ollows 1. Front setback be changed from 15 £eet to 20 feet. 2. Pre-stressed anchored concrete curbing around all blacktop areas. 3. Crushed rock parking area for trailers be oiled. 4. All landscaped areas to be sodded. (This includes the two 20' X 75' strips along the service road) 5. The special use permit is to be governed by a certificate of occupancy, issued after the improvement is in place and all City Inspectors have signed it that all conditions have been met. � 6. The special use permit is to be effective for a period of £ive years duration from time of approval. 7. When permanent facilrties are built, the owner is to provide an ease- ment for roadway to Osborne Raad behind the Frostop Drive-In. 8. The area outlined on the plot plan is to be blacktopped. (Parking Lot) 9. The of£ice is to be at least 24' X 48' on concrete blocks and to be skirted to give the appearance of a permanent structure. 10. The landscaping is to be done according to the landscaping plan and blacktopped and crubed. 11. Units are to be a minimum of 8' apart with a maximum of 30 units at the site. 12. The parking lot to be striped for customers and employee parking. 13. There shall be not less than Pour security lights around the perimeter. 14. There are to be wood walks to all units from the blacktop area. 15. Security fence to be provided on the south side of property irom where the traile�s start at the eastern edge. 16. All vacant property to be graded and seeded. (The City Engineer states that this was agreed to with the previous owner and he feels that agreement Would still cover it.) 17. The sign is to conform to City Ordinances without a variance, and to be the proper distance back £rom the service road. 18. The officc will be ta�ced as a permanent structure. The motion was secanded by Councilman Mittelstadt. Upon a voice vote, all ayes, Mayor Liebl declared the motion carried unanimously. CONSIDERATION OF A REQUEST TO CONSTRUCT A SPECIILATIVE OFFICE AND WARE- ' HOUSE BUILDING LOCATED ON LOT S, BLOCK 3, EAST RZINCH ESTATES SECOND ADDITION� THE S71ME BEING 7701 MAIN STREET N.E., FRIDLEY, MINNESOTA. (REQIIEST BY IdARRIS ERECTION CO., 6210 RIVERVIEW TERRACE, FRIDLEY� MINNESOTA): REGULAR COUNCIL MEETING OF APRIL 17� 1972 PAGE 9 ' The Engineering Assistant showed the location of the building on the overhead pro7ector and the Administrative Assistant showed the plans on the easel. Main _ Street has been extended from Osborne Road to 79th and Harns Erection Company now has a building on the west side, and this proposed building would be on the east side. The location o£ the building upon the lot was changed slightly from what was originally submitted so that now the front setback is 20', and 15' on the south side o£ the property. The Building Standards recommends a 5' setback to the rear o£ the property, and a provision for security lightinq. Mr. Richard Harris said that this building wi11 have 9,000 square £eet of ware- house and 1,200 square feet of of£ice space, and will be painted £ace block. It will be very similar to the one that £aces Main Street. There will be brick veneer on the north and south walls on the office portion along with decorative panels. He said they are putting in £ill now and will supply the City wlth an elevation. The building will be 18" - 24" above the curbing, so the drainage will be from the driveway to the street. Mayor Liebl asked if Main Street has been completed. The Engineering Assistant said there was no curbing on his side of the street. The reason it was not done at the time the street was done was that it was not known at that time how this property would develop. Mr. Dick Harris said that he had planned on providing security lighting without the Board stipulating it. He said after considering that 5' setback in the � rear of the property, he would like to request that it be blacktopped rather than sodded. It would be very difficult to maintain grass, and as it is a utility easement, the telephone company may have to drive their trucks on it. Councilman Mittelstadt said he would agree with that suggestion, there is nothing worse than trying to maintain 5' of sod in an industrial area. Councilman Breider agreed also and asked if he had any xenters as yet. Mr. Harris said no, nothing £irm, but he did not anticipate any trouble. He added that they planned on puting in plantings inthe front and planned on using aski and Russian olxves as they grow fast and do well in that soil. MOTION by Councilman Breider to concur in approval of the request by Harris Erection Co. sub�ect to there being a security lighting system provided and that the 5' sethack on the rear property line be blacktopped rather than sodded. Seconded by Councilman Utter. Upon a voice vote, all ayes, Mayor Liebl declared the motion carried unanimously. CONSIDERATION OE A REQUEST TO CONSTRUCT A SPECULATIVE COMMERCIAL BUILDING LOCATED ON LOSS 16, 17, 18 & 19, BLOCK 2, ONAWAY ADDITION, THE SAME BEING 7875 BEECH STREET N.E., FRIDLEY, MINNESOTA. (REQIIEST BY D W. HARSTAD COMPANY� INC.� 7101 HIGHWAY �65, FRIDLEY, MINNESOTA). The Administrative Assistant showed the plans on the easel and said that this building would be located in the same general area as the last request, at the corner o£ 79th and Beech Street. There is a paved alley in the rear and the plans do not present any problem. The only change was for poured concrete ' curbing to be around the blacktopped areas, and the petztioner agreed with this stipulation. The Building Standaxds' other concerns were with trash storage and __ security lighting. This plan has the same type of £ront as the last request. The parking requirements meet �he Code, and the Board recommends approval. REGULAR COUNCIL MEETING OF APRIL 17� 1972 PAGE 10 Councilman Sreider asked how many parking stalls there were and the Adminis- trative Assistant said there were 19 £or 7700 square feet. Councilman Breider asked if this was both for office and manufacture and Mr. Harstad said that would depend on how it is rented out. Counca.lman Breider said that if it was manufacturing, it does not seem that 19 stalls would be enough parking. The Administrative Assistant said that the City Code requires 1 parking stall for every 400 square feet in a manufacturing axea. MOTION by Councilman Breider to approve the request by D.W. Harstad subject to there being a poured 6" X 12" concrete curb around all blacktop areas, pro- viding security lighting around the building and that refuse containers be placed at owners option. Owner is encouraged to provide screened area for storage of rePuse. Seconded by Councilman Mittelstadt. Upon a voice vote, all ayes, Mayor Liebl declared the motion carried unanimously. CONSIDERATION OF A REQUEST TO MOVE .AN EXISTING 16' X 20' GARAGE FROM 4603 MAIN STREET N.E., TO LOT 24, BLOCK 9, HYDE PARK ADDITION� THE SAME SEING 5933 MAIN STREET N.E., FRIDLEY, MINNESOTA. (REQUEST BY EUGENE KESKE, 5933 MAIN STREET N.E., FRIDLEY� MINNEOSTA) The Administrative Assistant said the reason this request is coming before the Council, is that it is the Council policy to bring all requests for moving buildings before them. The Building Inspector's report indicated the building is in fairly good condition except that it needs painting and the applicant has agreed to do that. MOTION by Councilman Mittelstadt to concur in appsoval for moving a garage from 4603 Maa.n Street to 5933 Main Street by Eugene Keske. 5econded by Councilman Ilreider. Upon a voice vote, all ayes, Mayor Liebl declaxed the motion carried unanimously. CONSIDERATION OF A REQUEST TO CONSTRUCT AN ADDITION TO THE EXISTING BUILDING TO $E USED AS A W7IREHOUSE i3OCATED ON LOTS 25 & 26, BLOCK l, NAGEL'S WOODLAIQDS ADDITION, THE SA1� BEING 7331 BAKER STREET N.E., FRIDLEY, MINNESOTA. (REQUEST BY DONI,YN MANUFACTURING CORP.� 7331 BAKER STREET N.E., FRTDLEY, MINNESOTA): The Administrative Assistant said this building is located north of 73rd on Baker. There is one vacant lot between it and 73rd, industrial on the north and the trailer park to the rear. The plans are for an addition onto the rear of the existing building. They have an alley going out to 73rd and the Board recommended approval sub�ect to their putting in a concrete apron on the entrance to the private alley, that the alley be crowned in the middle with an asphalt berm on the outside edges, there is to be a 20 foot radius on the entrance to the private alley and they are to provide drainage far the ramp driveway. Councilman Breider asked if there was any brick on the plans, The Administrative Assistant said rt would be a concrete block addition painted to match the rest of the building. He said he has checked with the Building Inspector and he feels this addition would be an improvement. The present building has doors and windows to the rear and there is noise emitted toward the trailer park in the rear. With the addition, there would be no doors or windows so the noise problem should be reduced. They are going to put in landscaping in the front and they plan on redoing the front o£ their build.�ng, so it should be an 1IRprovement to the entire area. � � 1 REGULAR COUNCIL MEETING OF APRIL 17, 1972 PAGE 11 1�� ' MOTION by Councilman Breider to concur with the Board in approval of the request for an addition by ➢onlyn Manufacturing Corp_, suk�ject to the Building Standards' stipulations. Seconded by Councilman Mittelstadt. Upon a voice vote, all ayes, Mayor Liebl declared the motion carried unanimously. CONSIDERATION OF A REOUEST FOR PRELIMINARY PLAN APPROVAL FOR A TOWNHOUSE DEVELOPMENT TO BE LOCATED ON THE NORTH 824.7 FEET OF THE WEST QUARTER (Wn) OF THE NORTHEAST QUARTER (NEa) OF THE NORTHEAST QUARTER (NE'-o) OF SECTION 12� T-30, R-24, THE 521ME BEING 150D 69TH AVENTIE N.E., PRIDLEY� MINNESOTA. (REQUEST BY ROBERT L. MCGREGOR, 2828 STH AVENUE SOUTH, MINNEAPOLIS� MINNESOTA 55408): The Administrative Assistant reported that this request requires no Council action at this time as the plans have to go be£ore the Planning Conanission £or their review and recommendation be£ore coming before Council. MOTION by Councilman Mittelstadt to receive the Ma.nutes o£ the Building Standards - Design Control Meeting of Apra.l 6, 1972. Seconded by Councilman Breider. Upon a voice vote, all ayes, Mayor Liebl declared the motion carried unanimously. RECEIVING THE MINUTES OF THE BOARD OF APPEALS MEETING OF APRIL 11, 1972. A REQIIEST FOR VARIANCES OF: SECTION 45.053, 4B, 4, FRIDLEY CITY CODE, TO REDUCE THE SIDE YARD ADJOINING AN ATTACHED GARAGE FROM 5 FEET TO 4.7 FEET � AND SECTION 45.053� 4B� TO REDUCE THE SI➢E YARD ADJOINING LIVING AREA OF A DWELLING FROM 10 FEET TO 4.7 FEET, AND SECTION 45.053, 4A, TO REDUCE TH� FRONT YARD REQUIREMENT FROM 35 FEET TO 33.3 FE�T TO ALLOW THE CONSTRUCTION OF AN ATTACHED GARAGE AND AN ADDITION ONTO AN EXISTING DWELLING LOCATED ON LOT 10� BLOCK 5, RICE CREEK TERRFICE PLAT 3, THE SAME BEING 440 67TH AVENUE N.E.� FRIDLEY, MINNESOTA. (REQUEST BY MR. DAVID DOCKTER, 440 67TH AVENUE N.E , FRIDLEY� MINNESOTA): The Engineering Assistant said that the Board of Appeals considered this item £or 2- 3 meetings, as they were waiting for a response from Mr. Dockter's neighbors. Mr. Kline has indicated he has no objection. The Board of Appeals recommends approval sub�ect to putting in a fire wall and that these be no doors or windows on the wall fronting the nea.ghbor's dwelling. Mayor Liebl asked Mr. Dockter iP he understood the stipulations and agreed with them and Mr. Dockter replied yes, he had intended to do �.hose things anyhow. MOTION by Councilman Utter to concur in approval of the request for variances by Mr. David Dockter sub�ect to the Board oP Appeals' stipulations. Seconded by Councilman Breider. Upon a voice vote, all ayes, Mayur Liebl declared the motion carried unanimously. A REQUEST FOR A VARIANCE OF SECTION 45.053, 4B, 4, FRIDL�Y CITY CODE, TO REDUCE THE SIDE YARD REQUIREMENT FOR AN ATTACHED GARAGE FROM 5 P'EET TO 1 FOOT TO ALLOW THE CONSTRUCTION OF AN ATTACI3ED GARAGE TO BE LOCATED ON � LOT 13, BLOCK 1, MEADOWMOOR TERRACE ADDITION, THE SANIE BEING 7639 BACON DRIVE N.E., FRIDLEY, MINNESOTA. (REQUEST BY MR. GARY SULKOW5KI, 7639 SACON DRIVE N.E.,FRIDLEY, MINNESOTA): The Engineering Assistant reported that this item has been tabled by the Board. 1(� � REGULAR COiJNCIL NIEETING OF APRIL 17� 1972 PAGE 12 MOTION by Councilman Mittelstadt to table this item. Seconded by Councilman � Utter. Upon a voice vote, all ayes, Mayor Liebl declared the motion carried unanimously. A REQUEST FOR VARIANCES OF: SECTION 45.053, 4B� 4, FRIDLEY CITY CODE TO REDUCE THE SIDE YARD REQUIREMENT FOR AN ATTACHED GARAGE k'ROM 5 FEET TO 3 FEET, AND SECTION 45.053, 4B, TO REDUCE THE SIDE YARD REQUIRENIENT FOR LIVING AREA FROM 1D FEET TO 3 FEET� TO ALLOW THE CONSTRUCTION OF A DWELLING WITH AN ATTACHED GARAGE ON LOT 5, BLOCK 2, ELWELLS RIVERSI➢E HEIGHTS PLAT 2, THE SA1� BEING 7621 ALDEN WAY NORTHEAST, F'RIDLEY� MSNNESOTA. (REQUEST BY ARTHUR SILSETH� 400 RICE CREEK BOULEVARD N.E., FRIDLEY, MINNESOTA): The Engineering Assistant reported that this item was tabled by the Board of Appeals also. MOTION by Councilman Mittelstadt to table this item. Seconded by Councilman Utter. Upon a vmce vote, all ayes, Mayor Liebl declared the motion carried unana.mously. A REQUEST FOR A VARIANCE OF 5ECTION 45.053, 4H, FRIDLEY CITY CODE, TO REDUC$ THE SIDE YARD REQUIREMENT FOR LIVING AREA FROM 10 FEET TO 5.1 FEET TO ALLOW THE EXISTING ATTACHED GARAGE TO BE CONVERTED TO LIVING 11TtEA ON LOT 6, BLOCK 2, GARTEN'S ADDITION, THE SAME BEING 140 RICKARD ROAD N.E., FRIDLEY, MINNESOTA. (REQUEST BY MR. DENNIS OTTEM, 140 RICRAI2D RDAD N.E.� � FRIDLEY� MINNESOTA): The Engineering Assistant explained that they want to convert the existing garage to living area and build a detached garage on the other side of the house and in the back yard. MOTION by Councilman Mittelstadt to concur in the approval for a variance for Mr. Dennis Ottem sub7ect to normal fire protection requirements being followed and that there be no windows on the east side o£ the existing garage. Seconded by Councilman Utter. Upon a voice vote, all ayes, Mayor Liebl declared the motion carried unanimously. MOTION by Councilman Mittelstadt to receive the Minutes o£ the Board of Appeals Meeting of April 11, 1972. Seconded by Councilman Utter. Upon a voice vote, all ayes, Mayor La.ebl declared the motion carried unanamously. CONSIDERATION OF A REQUEST TO PLACE A CHANGE ORDER FOR A MO➢EL 701 FLEXIBLE HIGH VELOCITY SEWER PIPE CLEANER: The City Manager reported that on March 3, 1972, bids were opened .for a high velocity sewer cleaner and upon his recommendation the award was made for a Model FAY-602YMW high velocity sewer pipe cleaner. He said this was the model that he believed the Public Works Department desired and the one for which the bid specifications had been written. It has since come to his attention that � it would be advantageous £ox the Crty to considex placing a change oxder fxom this model to a Model 701. The Model 701 exceeds the original bid speci£ications. zt is basically the same machine, but has a number of attachments and £eatures that the Public Works Department feels would be advantageous. The greatest advantage that the 701 has over the 602 is that the 701 is completely enclosed � � ) REGULAR COUNCIL MEETING OF APRIL 17, 1972 PAGE 13 � and heated, thereby protecting it £rom the freezing weather which could do considerable damage in Minnesota It also has a remote control device which gives greater accessibility to manholes on private property wa.thout the necessity of driving a heavy vehicle over private property and thereby possibly doa.ng damage to that property. There is also a more powerful pump, a larger self-wind drum and greater cleaning distance with one tank o£ water. The order has been placed with the company £or the 602 but the only thing the company has done so far is order the truck, which is the same truck as would be used with the 701. These additional features would increase the cost from $14,400 for the 602 to $17,415 £or the 701, for an increase of $3,015 A comparison o£ the bids has been made and the other companies' equipment does not meet the specifications. For these reasons he became convinced there should be a change order Also considered was the fact that the City had to raise the sewer rates and should certainly try to give the best service as possible £or residents' payment. He said in checking around, he found that two out of three of the machines being ordered now are o£ this type. MOTION by Councilman Breider to concur in the recommendation and authorize the purchase of the Model 701 High Velocity Sewer Pipe Cleaner £rom Flexible Pipe and Tool at an additional $3,015. Seconded by Councilman Utter for discussion. Councilman Utter said that he would recommend sending Rusty Silseth to the £actory when the machine is ready to be delivered for a training program. He said he understood the Company oPfers a training program and rt would seem that this would � be advantageous. The City Manager said he had discussed this point with the sales manager. Because rt is a complicated piece o£ machinery they recommend sending a man to the factory to learn the machine at their expense, then that man drives the vehicle home. In this case he believed the factory is located in Ohio. THE VOTE UPON THE MOTION, being a voice vote, all ayes, Mayor Liebl declared the motion carried unanimously. CONSIDERATION OF AUTHORIZING THE CITY MAIQAGER TO EXECUTE A JOINT POWERS AGREE- MENT WITH ANOKA COUNTY TO PARTICIPATE IS3 A SOINT PURCHASING PROGRAP✓�: MOTION by Councilman Mittelstadt to approve execution of the agreement to enter into a 7oint purchasing program with Anoka County. Seconded by Councilman Utter. Councilman Breider asked the Finance Director a.f this was going to save Fridley money. The Finance Director said there were no guarantees, but it would not cost anything either. The County will be paying the administrative charges, 7ust as Hennepin County does now. There are some rtems Fridley buys itself that could gerhaps go through Anoka County fox a savings. Councilman Breider asked if Fridley would then stay with the �oint purchasing with Hennepin County too, and asked about the insurance the City has through them. The Finance Director said we would stay with Hennepin County and added that the insurance package through Hennepin County would be hard to beat. � THE VOTE IIPON THE MOTION, being a voice vote, all voting aye, Mayor Laebl declared the motion carried unanimously. � r, j ,; ; REGULAR COUNCIL MEETING OF APRIL 17, 1972 RESOLOTION #49-1972 - A RESOLUTION AUTHORIZING PARTICIPATION IN DRAM 5HOP INSURANCE STUDY: PAGE 14 The City Manager said the proposal is outlined in the communication .from the League of Minnesota Municipalities dated April 7, 1972. He said if there is ever going to be any significant action taken, the first step would be a study by an independent insurance consultant to try to shed some light on this di££icult problem. What the League is asking is, if Fridley wants to partici- pate and if so, to contribute $100. They hope to then be able to make some recommendations to the Legislature. The Finance Director added that a munici- palities' contribution is based on the net profit £rom their stores. Mayor Liebl asked what would be the bene�it. The Finance Dixector said that Fridley pays $17,000 for la.quor liability and other related insurance for the package store operation. It would seem to hun well worth the $100 to see if this cost could not be cut in some way. Mayor Liebi noted that there were not too many conpanies offering this type of insurance. The City Attorney said this is one of the problems, there are only one or two companies writing it. He sairi he would concur with the Finance Director and that rt might prove well worth the $100. The City goes out £or insurance bids, although this is not required, but is Council option. This provision is not included in the lir.�itations that bids must be received for anything over $5,000. MOTION by Councilman Breider to adopt Resolution #49-1972. Seconded by Council- man Utter. Upon a voice vote, all ayes, Mayor Liebl declared the motion carried unanimously. RESOLUTION #50-1972 - A RESOLUTION TO ADVERTISE FOR TOWING AND STORAGE SERVICE: MOTION by Councilman Mittelstadt to adopt Resolution #50-1972. Seconded by Councilman IItter. Upon a voice vote, all ayes, Mayor Liebl declared the motion carried unanimously. CONSIDERATION OF TRAILER HOUSE PERMIT RENEWAL� MEDTRONIC, 6970 CENTRAL AVENUE NE: MOTION by Councilman Breider to approve the trailer house permit renewal £or Medtronic. Seconded by Councilman Mittelstadt. Upon a voice vote, all ayes, Mayor Liebl declared the motion carried unanimously. CONSIDERATION OF TRAILER HOUSE PERMIT RENEWAL, BURLINGTON NORTHERN TRANSPORT� 53RD AND MARSHALL STREET N.E.: MOTION by Councilman Breider to approve the trailer house permit renewal by Burlington Northern Transport. Seconded by Councilman Mittelstadt. Upon a voice vate, all ayes, Mayor Liebl declared the motion carried unanixnously. CONSIDERATION OF TRAILER HOUSE PERMIT RENEWAL, CLETUS NEI, 1465 MISSISSIPPI STREET N.E.: MOTION lay Councilman Breider to approve the house trailer permit renewal for Cletus Nei. Seconded by Councilman Mittelstadt. Upon a voice vote, all ayes, Mayor Liebl declared the motion carried unanimoulsy. CLAIMS: MOTION by Councilman Mittelstadt to approve payment of General Claims #28115 through #28257 & Liquor Claims #6555 -#66D2. Seconded by Councilman Utter. Upon a voice vote, all ayes, the motion carried unanimously. 1...1 � I� REGULAR COUNCIL MEETING OF APRIL 17, 1972 LICENSES: TYPE OF LICEPISF � SER4IC3 STATIOPd � � � `7 AC� CTIO�';R CIsAR�TTE BY Steiger & Gertzen Gara�e 6519 Central Ave. Fridley Target 755 — 53rd Ave. Fridley Metro 500 5333 University �ve. Fridley Fhillips 66 5667 University A*re. Fridley Bill�s Service 3709 Nlarshall S+. Fridley Metro 500 8255 Fast River Road ?�'ridley White Knight 7300 University Ave. Fridley Standard Si�ation 768o HT,ry. 65 Fridle,y Champlin Station 7298 flwy. 6� Fridley Fridley Auctions 7500 University Ave. Fridley i4ike�s �ulf Station 73L5 Hwp. 65 Fridley, Dick�s Alorth Star 4040 Piarshall St. Fridley George�s in h'ridley 372D �ast River F.oad Fridley Ember�s 5�00 Central Ave. Fridley iaestern Station 7600 Uninersity :�ve. Ernest Gertzen Target Stores Metro 500 Phillips Pet. Co �^lilliam Svetin ;�4e+ro 500 Kenneth Durbin Lester SchafSran Larry Liluclt'ord C-,�n il Linle i (i 5 �� ! a PAGE 15 AY°ROV�D BY FLE Fire Inspector Building Insp. 30.00 Fire Inspector 3uilding Insp. 30.00 Fire Inspector Building Insp, jO.OG Fire Insnertor �uilding Insp. 30.00 Fire Insqector Auildin, Insp. 30.00 r^ire Inspector Buildin� Insp. 30.00 Fire Inspector Building Insp. 30.00 Fire Inspector Building Inso. 3�•00 Fire Iespector 9uilding Insp. 30.00 Building In�p, 120,00 N?ichael Ammend Police 12.00 Richard Frennessey Police 12.0(� Geor�,e PTicicicw Police Central ;,mberss Inc.Poltice �Jestern 3t�re Div. Police lz.oa 12.00 1Z.�J � � ��� � '�i REGULAR COUNCIL MEETING OF APRZL 17� 197: LICENSES CONTINUED: Ti�E 0�' LTC�iv'SE BY CIGAkEPTF Moore Lake Union 76 569s Hackmann Cir�le Fridley Spartans 5351 Central Ave. Fridley Jimbo � s 2i�8 Mississippi St. Fridley Railroad Accessories �650 tTain St. Fridley E.R.R. Liquor Store 3710 East 3iver Road Fr�_dley Holly Center Liquor Store 61t�51 University Ave. Fridley Fridley Food Market 815lt Fast River Road Fridley F'riC Corp. 4800 Marshall St. Fridley Minco Products 7300 Cor�r�erce Lane Fridlev Totino�s 7350 Commerce Lane Fridley Champlin Station 7298 Hwy. 65 Fridley FOOD ESTABLISIii1�']1T BoU�s Produce Ranch 7620 Universitp f�ve, Fridley Sandee�s 6k90 Central Ave. Fridley Jar.kie l�nn Aair St; lists 657J� IIniversity Ave, Fridley King Chalet 6259 xv�y. 55 Richard Iiyro 1�rin City PTovelty James Schooley sriswold Coffee City of Fridley City of Fridley Jahn Rieck Canteen Corp. Canteen Corp. Ganteen Corp. Larry Liludford PAGE 16 �PPROV:;➢ BY Police Police Police Police Police Police Police ?olice Police Police Police T4etronolitan Vending Health Insp, 'vlilliam :^Teiss Health Insp. Health Insp, Jackie Ann Hair Stylistsa Inc. John Lindell Health Insp. � a REGULAR COUNCIL MEETING OF APRIL 17, 1972 LICENSES CONTINUED: TYPE OP+ I,IC��I1S� BY � FOOD ESTABLIS:�IEI�1T Standard Station 768o xwy. 65 Fridley Lester Schaffran Ryan�s Conoco 5389 University Ave. r^ridley Automatic Sales Bob�s Sinclair 6290 H�,�y. 65 Fridley Automatic Sales Doc�min� Box 5851 �ast River P.oad Fridley ARA Food Services Day Co. 500 - 73rd P.ve. Fridley ARA Food Services Precision Sheet Nietal S2S0 rlain St. Fridley Ar`tt1 Food Services � Phoenix Chow Mein 21�2 Niississippi St. Fridley Lyn Woo 1 Club 1�7 6051 University Ave. Fridley Robert Snyder Moore Lake IInion 75 5695 Haclffrtann 9ve. Fridley 3ichard ?.yro Howies 21iD .Iississippi St. Fridley '-IoUrard 1lelson Central �uto °arts 1201 - 73rd �ve. Fridley ;�fa�� c ?laid Venling . �ridle;r Sr. Hi�h 6000 G1est i�ioore Lake Dr. Fridley hiagic iiaid Vendin� � Fullerton Metal 5170 iiain St. Fridley Magic liaid Vendin� Pil�r�m Cleaner�s $251 Central Ave. Fridley Magic Plaid Vending ??aple Lanes 6310 Hzay. 65 Fridley Rec. 3 Serv. i ?41� ,! � �� .. PAGE; 17 AP?R�V?� �Y n%u Healtfi Insp, 5.00 Health Insp. 5.00 Health Insp. 5.00 Health Ins�. 75,00 Health Insp. SO.OD Health Ir_sp. 30.00 Health Insp, 2�.OQ Health Inso. 25,00 Health Insp, 20.00 Health Irso. 2�.00 Heali,h Insn. 10.00 Health Insp. 10.n0 Heali,h Inso. 10.00 Health Insp. 1�.00 IILalth Insp. 25.00 f �Ii , � �� �� H REGULAR COUNCIL MEETING OF APRIL 17, 1972 LICENSES CONTINUED: TYPE OF LICEIdS� BY TAXICA� Columbia Heights Cab Co. 903 - I�Oth Ave. Columbia Hei;hts DEZIVF'F?Y TRUCK American Linen Supply 700 In3ustrial 31vd. Minneapoltis OFF SALF BEEt� Bob�s Produce Ranch 7620 University Ave. Fridley TA`�/F?sd Howies 2�0 r.ississippi St. Fridley Frontier Club 7365 Old Central Fridley Piaple I,anes 6310 Hwy. 65 Fridley ' Y+.C. Hall 6831 xwy. 65 Fridley Cluh !�7 6051 University Ave. Fridley ON SA'L,F ?'},LF Howies 21�0 Aiississippi St. Fridley Maple Lanes 6310 Hw,y. 65 L'r, d1eJ Club L�7 6061 L'niversity �lve. Fridley - It.C. Hall 6831 xwf. 65 rridley Sandee�s 61�90 Central At�e. Fridley Fri3ley VF�T Post 363 1040 Osborne Road Fridley Frontier Club %365 01d Central . ,, ,� �; .-- John Lai�lont PAGE 18 �1PpROTJ?sD BY Police American Linen Supply Co. Police Robert 5chroer Howard Nelson Marlene Poviitzki Police Health Insn. Health Insp. Police Police Health Insp. Health Inso. Fridley Rec. & Serv. Police Richard Schintgen Robert Snyder Hoxard PTelson Police Health Insp. �'olice Health Insp. Poli_ce Health Insp. �olice Fridlev Rec. ?� S�rv. Health Insp. Robert Snyder Richard Schintgen �r�illian 'rleiss Fridley VF[d Marlene Povlitzki Police uealth 1nso. Police Health Inspa Police Health Insp, Police Health Insp. Police ;iealth Insp. a� 7, a�_ FES _� 55•00 10.00 15.00 12.00 12.00 12.00 12 .� 12.D0 120.00 120.00 120,00 120,00 120.� 120,00 120,D0 �, �. � � ,. � REGULAR COUNCIL MEETING OF APffiL 17, 1972 LICENSES-CONTINUED: TYPI'� 0�' I,IC �':TSE SY �ON S9LE CLUB + LIQUOR Fridlef VFS�I Post 363 10}�0 �sborne Road Fridley Shaddrick LaBeau Legion Post 303 6319 Hi.ry. 65 Fridle� � GAS SERVICES T. D. Gustafson Company 1800 West Highway ��13 Burnsville, Minnesota By: Roy Gustafson Kal's Plumbing & Heating 7101 West Palmer Lake Drive N. Minneapolis, Minnesota By: Edward Kaliszewski LaMar Plumbing & Aeating Inc. 4089 West Broadway Minneapolis� Minnesota By; Randall W. Lane GENERAL CONTRACTOR Amber Construction Inc. 6070 Stinson Boulevard N.E. Minneapolis, Minnesota By: Norman Dalberg Balco Building Systems, Inc. 2809 Wayzata Boulevasd Minneapolis, Minnesota Sy: Robert Balch * Vern Donnay Realty Inc. 7300 - 36th Avenue North Minneapolis, Minnesota Chatles E. 3ohanson Inc. 580 - 69Ch Avenue N.E. � Fridley, Minnesota Mar-Son Construction 5219 Wayzata Boulevard Minneapolis, Minnesota By: Veru Donnay By: Charles Johanson By; Serry Benson Osborne Construction � 7565 University Avenue N.E. Fridley, Minnesota By: Warren Osborne Ryan Construction Company o£ Minn., Inc. 7400 Metro Boulevard Edina, Minnesota By: Timothy McGray Earl Weikle & Sons, Inc. 2514 - 24th Avenue South Minneapolis, Minnesota By: Earl Weikle m ��� � ,� � x -� . PAGE 19 APPRO'T�'�J BF Fr; police Health Insp. 100.00 Police Health Insp. APPROVED BY Plbg. Insp Plhg. Insp Plbg. Insp Bldg. Insp Bldg. Insp. NOT APPROVED Bldg. Insp gldg. Insp Bldg. Insp Bldg. Insp. Bldg, Insp RENSWAL ;�� RENEWAL RENEWAL RENEWAL RENEWAL RENEWAL RENEWAL :f �.� RE;NE[JAI, REPdEGIAL 100.00 r- � ��� REGULP.R COONCIL MEETING OF APRIL 17, 1972 LICENSES CONTSNUED: HEATING LaMar Plumbing & Aeating Inc. 4D$9 West Broachaay Minneapolis, Minnesota By: Randall W. Lane MASONRY Russell T. Berg Masonry 13446 ,7efferson Street N.E. Anoka, Minnesota DZL HEt1TING American Oil Company 2288 West County Road C St. Paal� Minnesota By: Russell T. Berg By: Robert Schwartz LaMar Plumbing & Heating Inc. 4089 West Broadway Minneapolis, Minnesota By; Randall W. Lane EXCAVATING Jarson's Service Company 4180 Xylite Street N.E. Minneapolis, Minnesota By: Lloyd Jarson PAGE 20 Plbg. Insp. g�W�, Bldg. Insp. �7�{,��, Plhg. Insp. gINgW�, Plbg. Insp, g���, BYdg. InsP• gg�WAL MOTION by Councilman Breider to approve the licenses as submitted with the exception of Vern Donnay Realty Inc., who is only to receive a 30 day renewal, with the request that there be a report subi[utted back to the Council. Seconded by Councilman Utter. Upon a voice vote, all ayes, Mayor Liebl declared the motion carried unanimously. CONSID�RATION OE A REQUEST FROM THE FRIDLEY JAYCEES FOR PERMISSION TO HOLD CARNIVAL APSD F�ELATED ACTIVITIES FROM MAY 30 TO JiINE 4, 1972: MOTION by Councilman Mittelstadt to receive the communication from Mr. William M. Kayser dated Aprzl 2, 1972. Seconded by Councilman Utter. Upon a voice vote, all ayes, Mayor Liebl declared the motion carried unanimously. Mayor Liebl said that thzy are requesting to hold a binga concession, to sell 3.2 beer and a£ood license £or the Mrs. Saycees. Under Ordinance #463 a non- pro£it organization may be granted a temporary license to sell 3.2 beer for a duration of not more than 72 hours. The City Attorney added that it is legal for a non-profit organization to operate a bingo concession. MOTION by Councilman Mittelstadt to grant permission to the Jaycees to hold their annual carnival, for a temporary la.cense for the sale o£ 3.2 beer, a tempoxary food license and the bingo concession. Seconded by Councilman Utter. Upon a voice vote, all ayes, Mayor Liebl declared the motion carried unanimously. ,_..s, �° - - i� �, � �, � � � �� I � P� � � � REGULAR COUNCIL MEETING OF APRIL 17, 1972 PAGE 21 The Finance Director said that Ordinance r�463 states 72 hours, but they are asking for a permit for five days. Mr. Kayser explained that they would only be selling in the evening, so this would not amount to 72 hours. E5TIMFITE S : Weaver, Talle & Herrick 316 East Main Street Anoka, Minnesota 55303 March Retainer for services rendered Suburban Engineering, 6875 Highway #65 N.E. Minneapolis, Minnesota Inc. 55432 Inspection time through 3-22-72 for construction o£ utilities in Innsbruck North Project #103; PARTIAL ESTISQATE #6 Comstock & Davis, Inc. Consulting Engineers 1446 County Road "J" Minneapolis, Minnesota 55432 For the furnishing of Pro£essional Engineering Services on the following projects: PARTIAL Estimate #1 - Sanitary Sewer, Storm Sewer and Watermain Improvement Project #102 PARTIAL Estimate #1 - Sanitary Sewer and Watermain Improvement Pro�ect '�105-1 For the £urnishing of resident inspection and resident supervision for the staking out o£ the following projects: PARTIAL Estimate #3 - Sanitary Sewer, Storm Sewer & Water Improvement Pro�ect #102 from February 28 through March 31, 1972 PARTIAL Esta.mate #4 - Sanitary Sewer & Water Improvement Pro�ect #105-1 from February 2S through March 31, 1972 ��� $ 2,730.12 $ 692 98 $25,856_79 $ 911.76 $11,048.29 $ 2,109.21 MOTION hy Councilman Breider to approve payment o£ the estimates as submitted. 5econded by Councilman Mittelstadt. Upon a voice vote, all ayes, Mayor Liebl declared the motion carried unanimously. APPOINTMENT: ASSISTANT CITY MANAGER/PIIBLIC SAPETY DIRECTOR. The City Manager said that the Counoil received a progress xepart last week with Mr. James P. Hill the leading candidate. As the Council knows, he and Councilman Sreider served as the screening committee. He said last week he had the oppor- tunity to go to Alexandria, Virginia and talk to people that work £or and with r r , � � � � REGULAR COUNCIL MEETING OF APRIL 17�1972 PAGE 22 hun, and he was happy to report that everyone seemed enthusiastic in his � capabilities. He said his recommendation was to appoint N1r. Hi11, effective June l, 1972 under the conditions outlined in the let'ter found in the Agenda. Mayor LiebZ asked Councilman Breider, as Fridley's representative to the Anoka County Joint Law Enforcement Council, if he concurred and Councilman Breider replied yes. Mayor Liebl asked what his annual salary would be and the City Manager answered $18,000 annually. MOTION by Councilman Mittelstadt to concur with the recommendation of the City Manager and appoint Mr. James P. Hill as Assistant City Manager/PUblic Safety Director effective June l, 1972 under the conditions listed in the letter found in the April 17th Agenda. Seconded by Councilman Breider. Mr. Bailey Tzller, 1535 Gardena Avneue N.E., questioned why the City should spend the tax payers money bringing in someone £rom outside the City or State when there are so many unemployed right here i.n Minnesota. He asked i£ the Crty needed him? Councilman Breider replied that presently there is about $500,000 spent to give police service to the cYtizens of Fridley, and when he has a hand in hiring a man for this job he wants to be sure that man is capable in all aspects of police service. People were interviewed both in and out of this state. He said he would not want to give the people in this town anything but the best. Nlr. Tiller wanted to know why so much money was being spent while the valuation of his house keeps going up and it gets more expensive to live in Fridley. Councilman Breider said that this money was spent for the � interviews to make certain this was the best man for the 7ob. This individual has had considerable amount of experience in acquiring grants and he hoped Mr. Hill would be able to get some of that federal money for Fridley. The Federal Government has a great deal of money available for grants in police work. Fridley has not qotten one dame as yet, and if there is a possibiZity oi getting some, the City will certainly benefit. He would rather see $10,000 spent than to see $500,000 spent foolishly. Mr. Tiller said that he would rather see some cuts in spending rather than to hear that you need this and you need that. People cannot af£ord to live in Fridley any more and are being driven out. When a person gets old enough to retire, they cannot afford to live in the house they have paid £or all these years. Councilman Breider pointed out that the mill rate has been decreasing the past two years. Mr. Tiller said it hasn't, and said that the City should spend only what the people can a£ford to pay. He said the lady across the street cannot a£ford to live in Fridley anymore. Mayor Liebl said that as Councilman Breider pointed out, there are about 30,000 people in Fridley and they deserve the best police protection possible. He said he would commend Councilman Breider and the City Manager £or their work in coming up with the best qualified man for the position. Mayor L�,ebl continued that, as he recalled, last year the Council passed a resolution naming Marvin Brunsell as Assistant City Manager with authority to act when �the Czty Manager was out o£ town. This appointment of Mr. Hill would bring up some conflicts and asked that the City Manager research this. Mr. Hill's £irst responsibility would be as Public � Safety Director and Assistant City Manager second. The City Attorney said that he would see no problem with the motion on the floor, .i�ut the City Manager should make a recommendation at some later meeting as to who would act as Assistant City Manager when he is out o£ town. � � � i � J REGULAR COUNCIL MEETING OF APRIL 17� 1972 THE VOTE UPON THE MOTION, being a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. APPOINTMENT - SENIOR SEWER MA1Q: PAGE 23 The City Manager said that there is currently a vacancy in the Sewer Department anci it has come to his attention that Mr. Chester Swanson, who was employed with the City of Fridley from June 5, 1962 to May 7, 1971, has requested to be re- employed in his £ormer position as Senior Sewer Man in the Public Works Depart- ment. The City does not have a reinstatement policy, but vhere was a vacancy and this was an opportunity to get a man back that has had 8 years experience. The Sewer crew is relatively new *_tow and could benefit from his experience. Mr. Swanson is leaving his position with Operating Engineers, Local �49, and there has been an agreement drawn up which lays out the terms under which he would be reemployed. He said Mr. Swanson has provided a statement £rom his doctor certifying he is physically capable of performing the dutie� of a Senior Sewer Man. The current going rate of pay is $888 per month and the appointment would be ef£ective May l, 1972. Mayor Liebl called the Council's attention to Item #8 in the agreement and said he £elt tha.s was very important. ---This employment agreement in no way establishes any £uture personnel policy for the City and does not set a precident for the future re-employment of any person desiring such re-employment with the City of Fridley." He asked the City Attorney if this was proper. The City Attorney said that this agreement is limited to Mr. Swanson, but when the Administration is able, there should be some policy adopted for future situations. Mayor Liebl said that Mr. Homer Ankrum, former City Manager had started a Personnel Manual, and wondered if it could be done by the end of the year. He felt this would be a good idea so that the Council could be as fair as possible to everyone that applies for a 7ob with the City. He said he could accept the recommendation to hire Chester Swanson on the basls of his 8 years experience in the Sewer Department. The Council �ust authorized the purchase of an expensive vehicle for the Sewer Department, and it is necessary to have a man with considerable knowledge o£ his �ob. The Ca.ty Manager saxd that the position was opened up so that any quali£ied employee could make an appli- cation, however, as the men are relatively new, no one appl�ed Mr. Ti11er said that this was one of the reasons he was at the Dleeting tonight. He said he had applied for this 7ob in 1960 and was never ga.ven the opportunity £or an interview, so he still feels he has the right to have his interview. In 1963 his wife applied for a �ob and when she said what her name was, no one even talked to her, so she didn't have an interview either. He said he has had schooling and experience in consixuction work, but if he is never interviewed, the employer would never know i�. He said he would like to see this job kept open and look back at the applications. Mayor Liebl asked if Mr. Swanson lives in Fridley. The City Manager said he could not recall his address, but he has lived in Fridley 10 - 15 years at least. Mr. Tiller said that in 1960 he had lived here 20 years. MOTION by Councilman Utter to concur with the recommendation of the City Manager and approve the appointment o£ Mr. Chester Swaiason as Seniar Sewer Main as per the agreement, ef£ective May l, 1972. Seconded by Councilman Mittelstadt. ��� REGULAR COUNCIL MEETING OF APRIL 17, 1972 PAGE 24 Mr. Tiller said that in a Democracy, the way it is done is that an employer � finds out all the applicants' abilities through inten�iews, but if that person is not granted an interview, no one will ever know what his ability is. Councilman Utter told Nlr. Tiller that he too, had applied for a 7ob with the City o£ Fridley, but was not hired. THE VOTE UPON THE MOTION, being a roll call vote, Breider, Liebl, IItter and Mittelstadt voting aye, Mayor Liebl declared the motion carried unanimously. RESOLUTION #51-1972 - A RESOLUTION AIITHORIZING THE CH7INGING OF THE BUDGET APPROPRIATIONS WITFIIN THE GENER7IL FUND (SPRING LI�CE) Mayor Liebl said that Fridley has received $2,OD0 £rom the County of Anoka for the purpose of improvements to the beach on 5pring Lake and asked what was the purpose of this resolution. The Finance Director said that it is the accepted method of accounting and is only to keep the bookkeeping straight. The purchase order has already been written. This would be a special .fund within the Parks budget. Counc.tlman Utter said he believed the check had already been received. The Finance ➢irector said yes, it was put in the bank, there are maybe 70 funds, but they all go into one account, and are invested as a whole, not as each separate fund. MOTION by Councilman Breider to adopt Resolution #51-1972. Seconded by Council- man IItter. Upon a voice vote, all ayes, Mayor Liebl declared the motion carried unanimously. N1rs. Barb Hughes, League oP Women Voters, asked what this resolution was £or. � Councilman Breider said that Fridley received $2,000 from Anoka County. Tnis amount was not allocated in the Parks budget, so it had to be put in in order to be spent for park purposes. CONSIDERATION OF ADVERTISING FOR SIDS - WEED ABATEMENT CONTRACT: The City Manager said that the City has had a weed abatement program £or several years now. Mr. Cutl�irth, the present Weed Contractor, has indicated he does not wish to continue, so authorization is needed to advertise for bids for a new contractor. He said there will be an advertisement for bids in the paper and a period of time before they are received. There has been some work done on the specifications, specifically a provision for the notiPication o£ the people of what the charges will be before the work is done. He added that he was afraid there might not be any bids. MOTION by Councilman Mittelstadt to concur with the recommendation of the City Manager and authorize the advertisement .for bids for the 1972 Weed Abatement Contract. Seconded by Councilman Breider. Mr. Tiller said that he did not think this should be done and that it was a lot of £oolishness. The contractor does not do the cutting when he should so that the result is the thistles are cut when they are in full bloom and the seed blows around everyone elses' yards. The heavy equipment packs the seeds back � into the ground and they are all planted and ready to grow again. He said he never had so many weeds until this program started. There shoulcl be some rules on what stages the weeds should be cut, and if they are not cut, they should be left alone so the seeds are not blown around the neighborhood. ��� REGULAR COUNCIL MEETING OF APRIL 17� 1972 PAGE 25 � Mayor Liebl said that he hoped the public understood this Council. When a person spends his ta.me and money on sod and works diligently on his lawn, he has the right to expect that a vacant lot next to him will be taken care of also. He would be fa.ghting a losing battle. The City does have an obligation to the citizens who pay the taxes. Mr. Tiller said that may be, but the pro- gram should be regulated closer and the weeds not cut when they are in blossom. The City Manager commented that before the weeds are cut, every opportunity is given to the land owner to have the weeds cut himsel£. The City does it only as a last resort. Mr. Tiller said there is a 75' lot across £rom him that is tax title and last year he cut it wa.th a scythe himself. When the contractor came out it was too late. He said he was very concerned because this lot is not taken care o£ and he and his neighbors would probably have to cut it again this summex. Mayor Liebl asked the City Mar.agex to make note of this lot and check it out. THE VOTE UPON TAE MOTION, bea.ng a voice vote, all voting aye, Mayox Liebl declared the motion carra.ed unanunously. COMMUNICATIONS: MRS. WAIS,ACE MARCUSc PROFOSED ORDINANCE FOR REQUIREMENT OF A TREE FOR EVERY 4,000 5QUARE FEET OIQ AN IMPROVE➢ LOT. Mayor Liebl read the letter aloud for the bene£it o£ the audience. � MOTION by Councilman Mittelstadt to receive the communication from Rachel M_ Marcus dated April 13, 1972. Seconded by' Councilman Utter. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. Mayor Liebl suggested that this proposal is something for R;he proposed Environmental Quality Commission to think about. Councilman Mittelstadt agreed and added also Barb Hughes' letter. VISITORS: MR. STEVE KANTOROWICZ, 5200 TAYLOR STREET: COMPLAINT ON EROSION ON STEEP HILL BEHIND SKYWOOD: Mr. Kantarowicz said that he would like to get something done with the steep hill behind him and his neighbors. He said he has been in Fridley for three years and nothing has been done, He said the City Engineer has told ha.m that there was clover, but it is nothinq but weeds and sand. He said he pays high taxes for his house and he would like something done: Mayor Liebl said that when he was Third Ward Councilman he worked with the City Attorney and the City Manager and thought he was successPul to a degree. He said the neighbors agreed with Mr. Mortenson and the City as to what should be done. The City hauled in dirt and the neighbors were to sod it. Mr. Kantorowicz said the water makes ruts and washes down. Mayor Liebl sa�.d that he went up � there and looked around. When Skywood Mall was built there was a stipulation for a buf£er, but he had tha.s aspect checked from a legal standgoint and was told there was nothing the City could do. Fridley's present controls are more stringent. He said this problem is not only Mr. Kantorowiczs' but about s�x others also. He said he would like some action taken to stop the dirt £rom � '� �� REGULAR COUNCIL MEETING OF APRIL 17, 1972 PAGE 26 washing down, and he would like some recommendation on what the City could do to protect these people from the damage being done. The City helped once and it was in vaa.n. This time he would like a practical solution so the money is not wasted again. He asked that the City Manager talk to Mr. 5heldon Mortenson, and that Councilman Utter look this over. Councilman Utter said he looked at this situation today and N1r. Kantorowicz is right; it is not clover. Mayor Liebl said that last tame when the City hauled in dirt, the people even said thank you and he thought the problem was solved. The neighbors were sup- posed to sod and water the hill. Mr. Kantorowicz said everyone did sod, but about 2' of his property has washed down. Mayor Liebl pointed out that there are laws that govern the expenditure of puhlic funds on private property. The Crty Attorney suggested contacting someone from the Highway Department. They deal with steep slopes beside the highways and they could perhaps suggest something. Mr. Kantorowicz asked who gave the permission to cut the hill away in the first place. Mayor Liebl said the Council at that time. Councilman Mittelstadt said that he felt the Council owes the property owners a solution because a previous Council put them in this predicament in the first place. Mayor Liebl said that the Council has limited power and they have no right to go onto private property and anything done has to be in con�unction with Mr. Mortenson. He said maybe clay should be put in. Mr. Kantorowicz said it would still wash down. Councilman Mittelstadt said that there would be the same problem again in 1 - 2 years. Mayur Liebl asked that Councilman Utter and the Engineering Assistant check this out and that it be back on the Agenda May 1, 1972. Mr. Dick Aarris suggested that to hold the dirt, some sort of bushes should be planted, such as honeysuckle or lilacs which have a massive root system. MR. BAILEY TILLER� 1535 GARDENA AVENUE: DISCUSSION ON RIGHT OF WAY NEEDED FOR IMPROVENIENT OF OAKWOOD MANOR: (St. 1972-1) The Engineering Assistant explained that there was a proposal to change the location of Oakwood Manor slightly so that Mr. Tiller's trees would not have to be taken. The neighbors have agreed they want the street as originally pro- posed, as a strazght street. Therefore, the City needs 10 .feet right of way from Mr. Tiller amounting to 1480 square £eet. Oakwood Manor presently has a 20 Pbot right of way and this would give 10 £eet more. The estimated cost of R-1 property is SOC per square foot, so rt would amoun't to $740. There are some assessments and also Mr. Tiller would like to be paid some compensation for the trees he would be losing, so he would like authority to negotiate a price around $1,000, plus the tree costs which could run the cost up to $1500 in total. In the event this becomes too costly, perhaps an informal public hearing for the residents should be held. The people using the street would be mostly those on Oakwood Manor and would be about 20 houses on both sides of the street. This pro7ect is under contract now. Mayor Liebl said iP trees are removed from Bailer Tiller's property, the City should have to pay for them. He felt it proper to negotiate a xeasonable amount £or the needed right of way and pay the cost Mr. Tiller is entitled to. The Engineering Assistant said that Mr. Tiller has had sewer, water and street assessments and they are almost paid up. The City Attorney said that in that case the market value £or the property would be higher than if they were unpaid. L � � � REGUI�AR COUNCIL MEETING OF APRIL 17, 1972 PAGE 27 � Mr Tiller said that the City has talked about condemnation, but if he is paid a reasonable amount, he will accept the City's appraisal, because he does not want the jog in the street. He said there has to be honesty and fairness on both sides and he would have no objection to the City doing the appraisal � � Mayor Liebl asked the Engineering Assistant i£ he needed authority to negotiate with Mr. Tiller. The Engineering Assistant said that actually the Council has already passed a resolution providing the authority to obtain the right o£ way, but the cost is getting close to the point where it could exceed the cost that was told the people at the hearing and he did not want the cost to get too high without further notification to the people. The Engineering Assistant commented that he wanted Mr. Tiller to understahd that neither the City nor his neighbors could afford to pay the cost of replacing equivalent size trees for Mr. Tiller, and that they would have to be replaced with smaller trees. Mr. Tiller brought up the fac� that Gardena Avenue past his house is 8" asphalt and further down it is 9". The Engineering Assistant explained that Mr. Tiller feels that the residents should get credit £or the 1" di££erence rather than State Aid. He added that Gardena is 8" thick_ in this area because there is less traf£ic than below tohere it is 9". Mr. R.P. Johnson, 1646 Gardena Avenue, asked why he states there is less traf£ic. The Engineering Assistant said there were traffic counts taken last year for 48 hours. From those counts it was £ound that there was consistently less traf£ic over the 48 hours than further down Gardena. There are two schools located west of Arthur Street and most of the bus and car travel comes from Central. Mr. Tiller asked if there would be another hearing on this street. Mayor Liebl told him there would be an assessment hearing. Mr. Tiller said that with a wider street, cars would be parked on both sides of the street and asked that this be looked into. ADJOURNMENT: MOTION by Councilman Mittelstadt to ad�ourn the Meeting. Seconded by Counca.lman Breider. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously, and the Regular Counci7. Meeting of April 17, 1972 ad7ourned at 1Q:5� P.M. R ectfull5s�,submrtted, �y./ . uel A. Mercer Secretasy to the City Council � � Fr� L ebl Mayox ��G