07/08/1968 - 00020144,�..�,Mi r F �
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THE MINUTES OF THE SPECIAL PUBLIC HEARING MEETING OF JULY 8, 1968 ,
Mayor Kirkham called the Special Public Hearing Meeting of July S, 1968 to
order at 8:02 P,M,
PLEDGE OF ALLEGIANCE•
Mayor Kirkham asked everyone to stand and �oin the Council in saying the Pledge
of A1legiance to the FLag.
ADOPTION OF AGENDA:
Mayor Kirkham said that there was one item to be added�which was Item ��5:
Purchase of Electronic Voting Machines.
MOTION by Councilman Harris to adopt the agenda as amended. Seconded by
Councilman Sheridan. Upon a voice vote, a11 voting aye, Mayor Kirkham declared
the motion carried.
ROLL CALL•
MEMBERS PRESENT: Kirkham, Liebl, Harris, Sheridan, Samuelson ,
MCMBERS ASSENT: None
CONTINUED PUBLIC HEARING ON REZONING REQUEST (ZOA i�68-04) FROM R-1 TO R-3A,
LOUIS MOMCHILOVICH. (Tabled May 13, 1968 and June 1D, 1968)
Mayor ICirkham pointed out that the petitioner is not ready to be heard and
has requested postponement.
MOTION by Councilman Samuelson to continue this Hearing on to the next Public
Hearing Meeting. Seconded by Councilman Sheridan. Upon a voice vote, a11 voting
aye, Mayor Kirkham declared the motion carried unanimously.
PUBLIC HEARING FOR THE FINAL PLAT OF BARTH ADDITION (P.S. �k68-04), MERWIN BARTH:
Mayor ILirkham read the Public Hearing Notice to the audience.
Councilman Harris asked if a 6' easement should not be provided on tt� south
side of his property for utility service to the back property line. Councilman
Samuelson pointed out to Mr. Sarth that it is better, if possible, to have all
the easements shown on the hard shell of the plat. Mr. Barth said that he would
have no ob�ection to a 6' easement.
Councilman Samuelson then brought up the question of the water table, and '
asked if there was any problems. Mr. Barth replied that there was none that he
knew of. In the Meadowmoor Addition there does not seem to be any water
problems. Councilman Samuelson said that it is a F.H.A. requirement that
the hasement slab be 4' above the water table. He then asked if there were any
drainage problems, and Mr. Barth replied that the water drains toward the street,
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SPECIAL PUBLIC HEARING MEETING OF .TULY 8, 1968 PAGE 2
' unless the Engineering Department should later want the water drained to the
south. The City Engineer said that the plans the Engineering Department have
now are for a storm sewer on 75th Avenue going toward Cleveland Street when
an improvement is made and the City Engineer said that he thought the sug-
gestion for a 10' easement along the south of the property was a good one.
Mr. Barth question the need for a 10' easement as he did not want it to
interfere with his plans for building. Councilman Samuelson said that the
easement could be used as part of the side yard requirement. He said that he
would like to have a drainage plan and soil borings submitted to make certain
that the basement elevations would be 4' above the water table, as in the future,
if problems arise, the people's complaints would be directed toward the City.
The City Engineer said that there was an existing building on Lot 17 and asked
what Mr. Barth intended to do with it. Mr. Barth replied that this building
will be torn down and removed.
MOTION by Councilman Samuelson to close the Public Hearing for the final plat
for Barth Addition (P,S. �r�68-04). Seconded by Councilman Sheridan.
Mayor Kirkham asked if there was anyone else in the audience who wished to speak
before the vote. A visitor to the Meeting asked what type of buildings were
planned for this 1and, Mr. Barth replied that this is an R-1 district and they
would a11 be single residences. The reason for the plat was to cut the lots
� into suitable building size.
UPON THE MOTION, all voting aye, Mayor Rirkham declared the motion carried
unanimously.
PUBLIC HEARING ON STREET IMPROVEMENT PROSECT ST. 1968-1 (ADDENDUM ik3):
Mayor Kirkham read the Public Hearing Notice to the audience
The City Engineer explained that this road is to provide access to the Minco
and Sears Properties. The Public Hearing is for the road going all the way
from Commerce Lane to the Railroad Tracks, however, at this time, the plan
is to go only to the Minco parking 1ot. He suggested that if possible, this
should be added onto an existing contract as Minco wants to be ready for oc-
cupancy by August. The City Engineer further explained that the plan is to
only grade the land and apply a base and mat at this time, then later when
need arises, the curbing and additional mat could be put in to finish the
street.
Councilman Harris pointed out that when the final mat and curbing is put in,
the cost of the improvements going in now should apply on the over-all assess-
ments as Minco Froducts Inc, was asked by the City to move their parking lot
from the side to the back of the building.
Councilman Samuelson asked zf rt would be feasible at about the 400' mark to
� put in a cul-de-sac for a turn-around point for snow plows etc. The City
Engineer explained that this would cost more, and there is land available for
use as a turn-around.
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SPECIAL PUBLIC HEARING MEETING OF JULY 8, 1968
PAGE 3
Councilman Harris asked Mr. Carl Scherer of Minco Products Inc., if he was
aware of the figures. Mr. Scherer replied that he was and that he had hoped
they would be lower.
Mr. Scherer then asked what was proposed in place of the curbs. The City Engineer
explained that there would be a blacktopped berm at the edge of the street,
about a 3" lip for definition of the edge of the pavement and control of water.
He then told Mr. Scherer that to put in curbing on the north side now would
add about $2.00/foot onto assessments. Councilman Harris asked if it would not
be better to finish off the north side now as it would be easier for Mr.
Scherer to finish his grade. Mr. Scherer replied that he �s putting in curbs
along the driveway as the City requested and agreed that it would be easier and
look better if the north side were completed with curbing. Councilman Harris
suggested that Mr. Scherer sign a petition for curbing along the north side
of 73rd Avenue. As Minco Products Inc. is the only owner, it would be a 100%
signed petition
N0. 17-
TO A
LOCATION IS AL
PARK ADDITION.
OF
Cf
THIS
MOTION by Councilman Sheridan to receive Petition No. 17-1968, Signature being
100%. Seconded by Councilman Samuelson. Upon a voice vote, all voting aye,
Mayor Kirkham declared the motion carried unanimously.
The City Engineer explained that Petition No. 3-196$ for the improvement of the
alley between Main Street and 2nd Street from 47th Avenue to 48th Avenue was
signed by 69% of the home owners.
Mayor Rirkham called for those in opposition to the improvement of the a11ey to
speak. There was no response in opposition. Mrs. Raymond ,Tames, 4705 Main
Street N.P�. asked n�hat their assessment would be. Mayor K�rkham told her the
figures from the Preliminary Assessment Roll. Mrs. James then asked for Mr.
Kenneth Shaw, 4701 Main Street N.E. and Mr. Stanley Hillestad, 4709 b2ain Street
N.E , as they were unable to attend the Meeting and had requested that Mrs.
J�mes relay the information to them. Mayor Kirkham told her the figures and
explained that the preliminary cost comes to $3.43 per foot.
MOTION by Councilman Harris to close the Public Hearing on St. 1968-1 Addendum
�'k3. Seconded by Councilman Samuelson.
Councilman Liebl asked as a point of information if the City Englneer could tell
the people when the pro�ect will be completed. The City Engineer said that the
City does have two contracts now and if the contractor will accept the additions
to the existing contract, hopefully� it wi11 he done this year. Mrs. Sames asked
if it was started, would it be completed this year. The City Engineer told her
that if i� was started, the City would make a special effoxt to get it completed
also. Mrs Sames said that the reason she was asking was that the people along
the a11ey have trouble with flooding in the spring, and the City Engineer
replied that he was aware of this.
Councilman Liebl said that he had received 5 or 6 ca11s from people in favor of
this.
UPON A VOICE VOTE, all voting aye, Mayor Kirkham declared the motion carried.
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SPECIAL PUBLIC HEARING MEETING OF NLY 8, 1968 PAGE 4
� DISCUSSION OF CROSSOVER ON T.H. 4F47 (ST. 1968-1B •
Councilman Harris asked the City Engineer if he had received any communication
regarding the status of 69th Avenue and 73rd Avenue. The City Engineer replied
that he had not. Councilman Harris said that he had received a verbal go-ahead.
Councilman Sheridan asked about the width of the street. The City Engineer
said that the County had indicated that they were not willing to pick up the
difference between the 48' and 36' road, so it will be a 36' road.
SANITARY SEWER CONNECTION TO NORTH SUBUKBAN 3ANITARY SEWER DISTRICT LINES:
The City Engineer explained that this is a Change Order for Suburban Sewer and
Water under Pro�ect ��88, and if the Council feels the figures are reasonable, the
Change Order is submitted for Council approval. Councilman Samuelson asked how
this compares wrth other programs held in abeyance. The City Engineer replied
that it compares reasonably with what was paid to the contractor for Commerce
Park connection. He explained that this work was part of the original contract
but that this portion could not be finished when rest of L-he work was done as
the City did not have permission from N,S,S,S,D. to connect into their lines.
This is the reason a Change Order is now needed if the work is to proceed.
Councilman Samuelson asked what the total cost of Pro�ect -0�88 was. Mr. Comstock
replied that it was $189,394. Mr. Comstock explained that final quantities for
Pro�ect �k88 had just been made without this Change Order. He said that he felt
� that the figure given could be considered a firm figure, and that the costs were
reasonable when the explanation was considered. He said that the costs wcre
substantiated by the costs in Commerce Park.
Councilman Samuelson asked what the two connections would cost under the terms
of the contract if done as planned. Mr. Comstock replied that based on those
figures, it would be approximately $2,025, and explained that the moving of
equipment is very expensive and time consuming, and also this area has to be
re-excavated, and de-watered. He said that he would recommend the approval
of the Change Order based upon the figures from the contractor.
MOTION by Councilman Harris to approve Change Order ��1, for Suburban Sewer and
Water Inc., in the amount of $8,089.32 under Pro�ect �{88. Seconded by Councul-
man Sheridan. Upon a voice vote, a11 voting aye, Mayor Ktrkham declared the
motion carried unanimously.
Councilman Harris said that he had given the City Attorney a copy of the
Minutes of the N.S.S.S.D. Board Meeting of July 3, 1968. The City Attorney
advised the Council that N.S.S.S.D, had served notice of a co�art hearing asking
for amended court findings or a new trial. He Lndicated that this was a rather
normal procedure, and that he did not know whether they intend to appeal ar not.
He explained that the hearing is to be held on Suly 23rd at 10;U0 A.M. He
said that he would be appearing at that time representing the City. The City
Altorney further said that the Commerce Park connection was ordered in with his
approval as he felt that there was a sufficient emergency. Concerning the two
� new requests for hook-ups to N.S.S.S,D, under Pro�ect �kSB, he said that he felt
the City has this right under the order handed down by the �udge, and that he
would prefer to see the District comply, rather than to have to go to court
again. He said that the order is wide enough to allow granting of this per-
mission. He said that the contractor would like to proceed as soon as possible
with this work.
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SPECIAL PUBLIC HEARING NLFETING OF JULY 8, 1968 PAGE 5
Mr. James Casserly, representing Suburban Sewer and Water, Inc., was present �
and stated that the contractor has a11 the equipment completely loaded and
ready to go in the morning, and that every day delay costs them a day waiting
for another �ob.
The City Attorney read a communication from the Attorney fnr N.S.S.S.D. in
which the District contends that Fridley is in violation, The City Attorney
said that he did not believe the City was in violation and that if Fridley
were forced to go to court, we would be upheld.
MOTION by Councilman Samuelson that in respect toliie Commerce Park connection,
if the N,S.S.S.D, District is in favor, at their meeting tomorrow night, that
Councilman Harris notify the Administration, and the Administration notify
Mr. Scherer so that his contractor can go ahead, without more loss of time.
Motion seconded and upon a voice vote, a11 voting aye, Mayor Kirkham declared
the motion carried unanimously.
Councilman Harris pointed out that Eridley is a minority group with a small
number of votes and that this Council has always presented and prepared a
unified position for presentation to the N,S.S.S.D. Soard and that he was
disturbed about an item on the N,S.S,S,D, Board Meeting Agenda which was a
proposal for sewage treatment plant property in the City of Fridley requested
on the Agenda by Frank Liebl.
Councilman Liebl said that he did not wish to discuss this as this item was not '
on the agenda, and that it wi11 be discussed tomorrow night at the N.S.S.S.D.
Soard Meeting. Councilman Liebl said that he had written a letter to the
District, with a map attached, concerning the land exchange, but treatment
plant property was not mentioned. He said that the letter was sent regarding
the land exchaage proposal he had presented, which was not received favorably
by the Council.
Councilman Harris said that he has tried to represent the Council at the Board
Meetings and wi11 continue to do so, and in this case, there being no change
in the land exchange request, he wi11 represent the ma�ority of the Council.
Councilman Lieb1 said that he did not wish to comment on this item at this
tim2. Councilman Harris pointed out that they have approved of the land ex-
change as requested by the CLty sub�ect to the submitting of access easement
for Harold Harris. Councilman Liebl said that he did_not feel that this was
binding until the problem with Mr, Harris' access is solved. He said that he
did not want the unfriendly relationship between the N.S.S.S.D. and the City
of Fridley, and that he would like to see it improved.
Mayor Kirkham pointed out that he thought that Councilman Harris was right in
his assumption that there was no change in the land exchange as it was not
placed on the agenda, and that he was to proceed accordingly.
PURCHASE OF ELECTRONIC VOTING MACHINES: BID OPENING JULY 8, 1968 - 11:0� A.M.
� � PIIRCHASE PRICE INT_ TOTAL COST ,
IBM Carporation Certified Check
245 Marquette Avenue $755.00
Minneapolis, Minn. 55401 $14,384.50 $1,106.50 $15,491.00
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SPECIAL COIINCIL MEETING OF .TULY 8, 1968 PAGE 6
, Gouncilman Sheridan asked if payment could be made in advance without penalty
The Finance Director siad that the contract could probably be drawn up for 5
years, with a pre-payment clause.
Mr. M.E. Arden., ISM representative, said that he would be delighted, or that it
could be written for 2 or 3 years also. There is no pre-payment penalty.
Mayor Kirkham pointed out that there are only two companies approved by the SLate
so far for electronic voting machines.
Councilman Harris asked about Item "H" in the specifications concerning training
for ,7udges and asked if this would be �ust the first year or every year. Mr.
Arden replied that the comp�iny wi11 work with the �udges for as long as ne-
cessary until they are self-sufficient.
Councilman Samuelson asked if the City paid the �udges on an hourly basis. The
Finance Director replied yes, there is a couple of hours of sc.hool also before
every election.
Councilman Harris asked about Item 9�E, in the specifications and asked where
the counting will 6e done. Mr. Arden said that the County of Anoka has agreed
to run this, and that his company will provide the program to them. Council-
man Sheridan asked if this was running time, not computor time. Mr. Arden
replied yes.
� MOTION by Councilman Harris to award the bid to IBM Corporation, 245 Marquette
Avenue, Minneapolis, Minnesota 55401 in the amount of $14,384.50 and the contract
to be drawn up for 5 years with a pre-payment clause indtcating the Crty would
not be penalized if contract is paid off in adv�ince. Seconded by Councilman
Samuelson. Upon a voice vote, all votir,g aye, Mayar Kirkham declared the motion
carried.
COMMUNICATIONS:
A. JOHN KASSIILHER, 6525 MAIN STREET: RE: BURNING BARRELS BAN
Mayor Kirkham read the letter from Mr. Kassulher dated June 28, 1968 in which
he stated that he was in favor of the proposed ban on hurning barrels.
MOTION by Councilman Samuelson to receive the communication and refer it to
the August 12, 1968 air pollution control public hearing meeting. Seconded by
Councilman Sheridan. Upon a voice vote, a11 voting aye, Mayor Kirkham declared
the motion carried unanimously.
B. CHARLES CITY, IOWA. THANK YOU LETTER:
Mayor Kirkham said that this letter, dated ,Tune of 1965, was a�'Thank You" letter
from the Mayor of Charles City, thanking the City of Fridley for their offer of
assistance at the time of the tornade in Charles City.
� MOTION by Councilman Liebl to receive the communication. Seconded by Councilman
Samuelson. Upon a voice vote, a11 voting aye, Mayor Kirkham declared the motion
carried unanimously.
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SPECIAL PUBLIC HEARING MEETING OF JULY 8, 1968 PAGE 7
C. LAVENTHOL, KREKSTEIN, HORWATH AND HORWATH: ,
MOTION by Councilman Samuelson to receive the communication from Mr. Anthony
Pikul, dated July l, 1968. Seconded Uy Councilman Liebl. Upon a voice vote,
all voting aye, Mayor Kirkham declared the motion carried unanimously.
D. DONALD C. SAVELKOUL, DISTRICT 57A, HOUSE OF REPRESENTATIVES: RE
PEDESTRIAN BRIDGE ON T,H, i�47:
Mayor Kirkham read the letter from Representative Savelkoul, dated July 1,
1968, and the letter from the State of Minnesota dated June 13, 1968 which
Representative Savelkoul sent along as an attachment. He said that it appears
that the State is sti11 reluctant to pay the bill for the fencing and that he
did not understand this.
Councilman Sheridan asked if it were possible to force the State to pay for the
fencing as when access is cut, the pedestrian traffic should be channelized to
a bridge or light.
Councilman Samuelson said that he thought some fencing was also needed along
T.H. ��47 below Rice Creek to Holly Center to prevent so many children from
crossing the highway anywhere they wished.
Councilman Sheridan brought up the question of where fencing is supposed to be
placed in relation to the owners property lines and the State right of way.
Councilman Harris suggested that the Administration research what has been
done in previous cases in regard to the proper placement of channelizing
fences. He said that he thought that below 53rd Avenue to 47th Avenue should
be on the Fridley side of T,H, ��47.
MOTION by Councilman Harris to receive the communication from Representative
Savelkoul dated Ju1y 1, 1968 and the attached letter from the State of Minnesota
dated Sune 13, 1968. Motion seconded and upon a voice vote, a11 voting aye,
Mayor Kirkham declared the motion carried unanimously.
MOTION by Councilman Samuelson to direct the Administration to write to the
Highway Department to request their attendance at the Council Meeting of Ju1y
15, 1968, at which time this problem can be discussed along with the possible
Third Street 2xtension. Motion seconded and upon a voice vote, a11 voting aye,
Mayor KLrkham declared the motion carried unanimously.
E. JESSE T. WALLACE: FRIDLEY INDIISTRIAL DEVELDPMENT COMMISSION:
Mayor Kirkham said that it had come to his attention that Jesse T. Wallace is
going to move out of town and he would like to suggest a Thank You letter he
sent to him, thanking him for his service onthe Fridley Industrial Development
Commission.
MOTION by Councilman Harris, that a°Thank You" letter be written to Mr. 7esse
T. Wallace thanking him for his service on the Fridley Industrial Development '
Commission. Seconded by Councilman Samuelson. Upon a voice vote, all voting
aye, Mayor Kirkham declared the motion carried unanimously.
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SPECIAL PUBLIC HEARING MEETIiVG OF JULY 8, 1968
AGREEMENTS PREPARED BY THE CITY ATTORNEY:
PAGE S
The Crty Attorney said that he had �he agreement drawn up for Hirsch Brothers
designating the 60' setback requa�rement, attd stating that the other requirements
must be met as wi11 be stated on the building permit before a Certificate of
Occupancy wi11 be issued. This wi11 be recorded, when the signatures are com-
plete.
The City Attorney said that he has also prepared the agreement between the
City of Fridley and the Fridley Police Association necessary for the financing
of the Police Quart�rs stating that it is not to exceed $18,000 at 5 3/8%
ittterest, and payable by annual installments over a five year period.
ADJOURNMENT:
There being no further husiness, Mayor Kirkham declared the Special Public
Hearing Meeting of ,Tu1y 8, 1968 ad�ourned at 9:30 P.M
Respelctfully submitted,
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uel Mercer
Secretary to the City Council
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� /7ack 0. Kirkham
� MAYOR
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