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08/19/1968 - 00020030.!' =` THE MINUTES OP THE REGULAR COUNCIL MEETION OF AUGUST 19, 1968 ' Mayor Kirkham called the Regular Council Meeting of August 19, 1968 to order at 8:12 P.M. PLEDGE OF ALLEGIANCE: Mayor Kirkham requested that the audience stand and �oin the Council in saying the Pledge oY Bllegiance to the Flag. ROLL CALL• MEMBERS PRESENT: Lieb1, Sheridan, Kirkham, Samuelson (Arrived at 9:50 P.M.) MEMBERS ABSENT: Harris PRESENTATION OP AWARDS: Mayor Kirkham read two citations for Robert J. Hughes For serving on the planning Commission and the Parks and Recreation Commission, � and presented him with the Certificates oi Appreciation. APPROVAL OF MINUTES OF TIiE REGULAF{ COUNCIL MEETING OF AUGUST 5, 1968: MOTION by Councilman Liebl to adopt the Minutes ot the Regular Council Meeting ot August 5, 1968 as presented. Seconded by Coun- cilman Sheridan. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried. APPROVAL OE' MINUTES OF THE SPECIAL PU$LIC HEARING MEETING OF AUGUST 12, 1968- MOTION by Councilman Liebl to adopt the Minutes o£ the Special Public Hearang Meeting oi August 12, 1968 as presented. Seconded by Councilman Sheridan. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried. ADdPTION OE AGENDA: Mayor Kirkham said that there were two itesns to be added to the Agenda: Item ,'�29: Court Space Rental ' Item {#30: Gift House Stamp Company regarding Sidewalks. MoT2oN by Councilman Li�bl to adopt the Agenda as amended. Seconded by Councilman Sheridan. Upon a voice vote, all voting aye, Mayor Karkham declared the motion carried. � REGULAR COUNCIL MEETING OF AUGUST 19, 1968 PAGE 2 ORDINANCE #400 - FOR VACAT50N (SAV #68-03} p�g2 OF LOT 22A, BLOCK 1, LYNDALE BUILDE22'S 4TH ADDITION: (REQUEST 33Y HENRY SAFF,:RT): MOTION by Councilman Liebl to adopt Ordinance #�400 on second reading, waive reading, and order publication. Seconded ]�y Councilman Sheridan. Upon a roll call vote, Kirkham, Sheridan, and i,iebl voting aye, Mayor Kirkham declared the motion carried. FIRST READING OF AN ORDINANCE FOR R�ZONING R�QUSST (ZOA �#68-04) TO REZONE RROM R-1 TO R-3A, PART'OF LOT 9, AUDITOR'S SUBDIVISION rk88 BY LOUIS MOMCHILOVICH: Councilman Sheridan pointed out that a ro11 call vote on a re- zoning ordinance requires a 4/5 vote, therefore, he sugyested that this item be tabled until later in the Meetxng after Councilman Samuelson arrives. FIRST RF.ADING OF ORDINANCE ESTABLISHING ORDINANCE VIOLATIONS BUREAU FOR DISPOSING OF VIOLAT�ONS RELATING TO BUILDING CONSTRUCTION: OPERATION OR MAINTENANCE; FIRE AND FIRE PRL•'VSNTION; PUBLIC HEALTH , AND SANITATIO}U,� ZONING: The City Manager explained that a£ter the first reading, this ordinance will have to be reviewed by Judges to determine tairness. The City Attorney agreed and elaborated that the list of misdemea- nors and fines are merely suggested. The Caurt wili have to deter- mine what the fines will be after passage on rirst reading. He explained that thas ordinance's purpose is not to raise money, but rather to obtain compliance with our ordinances. He said that it would take a lot less money for the Inspection I'iepartment to issue a tag than £or Court costs and Attorney's iees. �J Councilman Liebl asked the City Attorney iF, in has legal opinion, these fines would be upheld in Court. The �ity Attorney explained that the fines were taken from Edina, St. Louis Park, and Blooming- ton's ordinances, and that the Council may wish to make the tines in certain areas smaller or larger. He said this is the equivalent of the policy for issuing a traffic ticket. The City Manager said that this ordinance was requested to allow immediate action and eliminate a lot of paper work. MOTION by Councilman Sheridan to approve this ordinance on first reading and waive the reading. Seconded by Councilman Liebl. Upon a roll call vote, Kirkham, Sheridan, and Liabl voting aye, Mayor Kirkham declared the motion carried. _ - kEGULAIt COUNCIL MEBTING �P AUGUST 19, 1968 PAGE 3 REAFFIRMING RESOLUTION #1d2-1968 FOR ORDERING IMPROVE:MBNT.PLANS, ADID ' SPL'CIFICATIONS AND ESTIMATES OF COSTS THEftEOF FOR STREET IMPROVE- MENT PR�JECT S3'. 1968-1B ADDENDUM i�4: MO�PION by Councilman 5heridan to reaffirm action taken on August 5, 1968 on Resolution ¢�102-1968. Seconded by Councilman Liebl. Upon a voice vote, a11 voting aye, Mayor Kirkham declared the motion carried. REAFFIRMING RESOLUTION #111-1968 ORDERING IMPROVEMENT, PLANS AND SPECIPICATIONS AND ESTIMATES OF COSTS TEiER�OF FOR STRSET IMPROVE- MENT PROJECT S7'. 1969-3; MOTION by Councilman Liebl to reaffirm Council action taken on August 12, 1968 on Resolution #�111-1968. ueconded by Councilman Sheridan. Upon a voice vote, there bez ng no nays, Mayor Kirkham declared the motinn carried. FIRST READING OF AN ORDINANCE REPEALING ORDINANCE NO. 80, PRESENTLY CODED AS CHAP'PPsR 53 OF 'PHE CITY CODE LAND ALTERATION ORDINANCE¢ The City Attorney saio that at the last Council Meeting he was , requested to draw up this ordinance for repealing Section 53 of the 1'ridley City Code. He explained that we presently have on the books an ordinance adopting the Uniform Building Code. He suggested re- taining the present Section 54 on Mining oi Gravel, to use it ne- cessary, as this does set forth that the City can require a bond £or $1000 an acre. Councilman Liebl asked if the $1000 per acre was adequate. The City Attorney replied, probably not, as this was written 15 years ago and suggested that it be updated. He explained that there are really two separate problems, one is land alteration and one is gravel mining. Councilman Liebl felt that as land values are constantly going up, it is all the more important £or the City to have enough leverage to protect the surrounding people. MOTION by Councilman Sheridan to approve the ordinance on first reading and waive the reading. Seconded l�y Councilman Lieb1. Upon a roll call vote, Kirkham, Liebl, and Sheridan voting aye, Mayor ' Kirkham declared the motion carried. � 1 , REGULAR COUNCIL MF.ETING OF AUGUST 19, 1968 PAGE 4 FIRST READING OF AN ORDINANCE AMENDING ORDINt�NCE NO. 372 OF �PHS GSTY CODE REGULATING AND LICENSING FOOD ESTABLISHMEN'PS ANT) FOOD VENDING MACHINES AND PROVIDING A PENALTY FOR VIOLATIONS THEREUF: The City Attorney explained that this orctinance repeals Ordinance �16. 'Phere is a short section (15) of the Code Book which deals with dairy bars and restaurants which is- now made obsolete. He suggested that within the Ordinance, after "An ordinance relating to restaurant and dairy bars" be added: "and is presently coaed as Section 15.01 through 15.03 ot the Fridley City Code"'. MoTION'by Councilman Sheridan to approve this ordinance on first reading and waive reading. Seconded by Councilman Liebl. Upon a roll call vote, Kirkham, Liebl, and Sheridan voting aye, Mayor Kirk- ham declared the motion carried. DISCUSSIdN OF HOW TO RESOLVE PARKING. DRHINAGE AND ACCESS PROBLr'.MS IN REGA.RD TO THE ALLEY BLTWEEN SECOND STRL�T AND MAIN STRr:ET FROi+I 60TH AVENUE TO 61ST AVKNUE: The City Manager gave a briefing on the background of this problem. He explained that there is a gravel entrance at the south end o� the alley, however, at the north end, 110 61st Avenue, there is a garage built extending into the alley easement. There are fences down the alley to 6011 Main Street. There is a drainage problem inherent to this property and one suggestion would be tiling to ease this drainage situation. 'Phere are trees planted along the alley and the owners do not want to lose their trees, fences, or place for the children to play. He said that there was a storm sewer pro�ect proposed for this alley in 1966, but the owners ob,7ected. He explained that Mr. Ronald McLain, 6007 Main Street has registered a coinplaint and would lake to have either the alley opened up for all to use or completely closed up, and deeded back to the property owners, He feels that he is absorbing traffic at the south end, but the people at the north end are benePitting. The City Manager explained that there is only 30' in the back, and it there was to be parking, 20' would be needed for adequate parking, which would leave only IO'. If driveways are considered through the sideyards, they would be very close, too close for the safety of children, as there is only 23" sideyard. He suggested one possibility would be if the Council would consider parking in iront. The City Manager said alley should be opened low area and improving benefits derived. that the first possibility would be that the up and the storm sewer installed to drain the the alley and assess the property owners For � rl 1. �_ REGULAR COUNCIL MI;ETING OF AUGUST 19, 1968 PAGE 5 Another possibility would be the front yard parkinG, however, then � the cars must back onto the street. He said that 6008 2nd Street needed the a11ey £or back yard parking and if the alley was vacated, then the part of the alley needed by 6008 2nd Street could be deeded back for a private cTriveway to provide access to the parking 1ot. Councilman Sheridan asked if the alley was left from 6011 south, would the drainage be to the south. 'I`he City Manager said it would, but that the main problem is in the middle of the alley where there is a low spot. Councilman Liebl thanked the City Manager for his presentation, and s aid that he recalled the Public Hearing for the storm sewer pro- �ect and that the people ob�ected, and felt that it was not neces- sary, very expensive, and they did not want to lose their trees and place for their children to play. He said that the Council there- £ore, voted against putting in the storm sewer at that time. He said that in this case, to uphold the ordinances would be very expensive, so he would iavor closing off the alley at 6011, and deeding the property back to the owners, and allowing 6019, 6021, ' and 6035 front yard parking. The City Attorney pointed out that if the Council was interested in vacating, there must be a Public Hearing. Mayor Kirkham suggested an informal heariny to get the feelings oP the people there first. Mr. McLain said that there was an apartment house to the north and one to the east of where he lives, and wondered i£ they needed the alley. The City Manager pointed out that the area is too samll to allow for a turn around for back yard parking. Mayor Y.irkham pointed out that the Council must be sure that in correcting this problem, it does not create anather, equally troublesome. Councilman Sheridan brought up the problem oi assessments iP the alley were to be tiled, and if the owners could be assessed. The City Manager pointed out that the low area was there before, so the City would not be liable ior the assessment costs. The City Attorney said that ii the storm sewer were petitioned for, it could be put in. Councilman Liebl said this was tried before, but not success�ully. � MOTION by Councilman Lieb1 to authorize the Administration to set a date and notify the people involved from 60th Avenue to 61st Avenue and invite them to an informal hearing to £ind out their wishes. Seconded by Councilman Sheridan with the comment that now is the time the City should correct any water problems before � C� � REGULAR COUNCIL MEETING OF AUGUST 19, 1968 PAGE 6 vacation o£ public right oi way. The City Attorney said that the City could retain drainage and utility easements. uPON A VOICE VOTE, all votiny aye, Mayor Y.irkham declared the motion carried. AWAR➢ING OF CONTRACT FOR 1969 TREE BEAUTIFICATION PROGRI�M (OP�NED JULY 13, 1968): (Tabled 8/5/68) it was agreed to table this item until a later meeting. DISCUSSION OF QUESTIONAIRE SURVh'Y: Richard Chapman, 1668 Mzssissippi Street N.L. was present at the Council Meeting representing the Jaycees. He said that this questionaire would involve community at�itu�es toward developments etc., and asked the Council if there was anything that they would wish to have included in the questionaire. He said that they will be making up the questionaire soon £or distribution in September. Councilman Sheridan pointed out that there was a questionaire mailed out in 1966 with the water l�illing. Mayor Kirkham asked if they are to be mailed back. Mr. Chapman replied that there will be postpaid envelopes included for ease in mailin9 the forms back. He said that they are planniny some publicity beiore the actual maiLing. Councilman Liebl asked about questioning the people concerniny private versus municipal liquor. The enL-ire Council and Mr. Chapman agreed that the phraseology is very important, and that at must appear completely impartial. pISCUSSION OF ELECTRICAL CONTRACTOR'S LICENSES: Mr. Carl Paulson said that he had requested that this be placed on the Agenda and said that it seemed From all appearances that the Electrical Contractors have a monopolistic enterprise. He said i� they are using unethical methods, the City cannot deny him his license as they are licensed by the State. He said he felt that young people cannot get into the union, except through relatives. He said that if the City comes across an indiscretion in practice of another type of contractor, the City can i.ake appropriate action, but not in the case of the Electrical Contractors. He felt that they take undue advantaye. He said thac he would like to have the State start a program to train young men in this field, and ii it was made worthwhile, there would be more young people enterinc� the trade. �' �1 ��, REGULAR COUNCIL MEETING Or AUGUST 19, 1968 PAGE 7 Councilman Sheridan said that the City cannot license Electrical ' Contractors. The City Attorney agreed and said that this was tried in Golden Va11ey. Mayor Kirkham suggested to Mr. Paulson that he take this up wrth his State Legislators. Mr. Richard Harris, a visitor to the Council Meeting, suygested that this might be a good time to examine the licensing procedures of all the contractors since the City is thinking of adopting a tayyinq ordinance. NOTICE OP FILING PETI'PION P'OR ACQUISITION OF I�NDS, ETC., AND OF THE TINIE AND PLACE OF HE�:F2ING TI3ER�ON: The City Attorney said that it was suygested to him that the City �oin the N.S.S.S.D. Board in fighting this condemnation by the City oi Minneapolis. He said that he would want to try to prevent this condemnation by Minnea�olis. Iie explained that this information had �ust come to him today and that he had not had a chance to look it over. ' t4ayor I.irkham commented that it would seem that N.S.S.S.D. would be the superior authority in this action. MOTION by Councilman Sheridan that in the interest of the City and the N.S.S.S.D. District, the City should authorize the City Attorney to work with Mr. Meyers, the Attorney for N.S.S.S.D. to fight this land acquisition petrtion. Seconded by Counca.lman Liebl. Upon a voice vote, all votiny aye, Mayor Kirkham declared the motion carried. Mayor Kirkham raised the question of, since the City Attorney would be assisting the Attorney for N.S.S.S.D., who would pay the fee. Councilman Liebl said that we are all a part of the District, and what happens wi11 at£ect everyone. PROGRESS REPORT OF P�LICE AND PARK 4UARTF.I2S REMODELING IN CIVIC CENTiR- The City Engineer said that the Park Department and Police Depart- ment plan to move into their new quarters a£ter the Labor Day weed- , end. They felt that there were some small items which should be added by these Change Orders included in the Agenda. He said that wrth the Change Orders, i� is still well within the estimate. J � REGULAR COUNCIL MEETING OF AUGUST 19, 1968 PAGL II ' MOTION by Councilman Sheridan to approve Chanc�e Order #�1 tor Kar1 Dedolph Construction Company, 771 West Seventh Street, St. Paul, Minnesota, for general and electrical worY ior Police and Park Department remodeling in the Civic Center in the amount of $240.47 making the amended contract read $15,465.47. Seconded by Councilman Liebl. Upon a voice vote, a11 votanq aye, Mayar Kirkham declared the motion carried. MOTION by Councilman Sheridan to approve Change Order �#1 L-or Bosr.ron Sheet Metal Works, Inc., 785 Curfew, St. Paui, Minnesota for air conditioning work ior Police and Park Department remodeliny in Civic Center in the amount o£ $228.00 making the amended contract $b,070.00. Seconded by Councilman Liebl. Upon a voice vote, a11 voting aye, Mayor Kirkham declared the motion carried. RECEIVING MINUTES OF TFiE BOARD OF APPEALS MLETING, AIIGUST 7, 1968; 1. A REQUEST FOR A VARIANCE OF SECTION 45.24 FROM 17 FEET 6 INCHES TO 4 FEET 6 INCHES TO PERMI2' ER�CTION OF A 20 X 30' � GARAGE ON LOT 30, BLOCK 2, SYLVAN HILLS, ANOKA COUNTY, MINNESOTA, THE SAM� BEING 6240 SUNRISE DRIVE, FRIDLEY, MINNESOTA. THIS REQUEST WAS TAI3Lr:D FRilM THE JULY 31, 1968 MEETING SO OWNER COULD RELOCATc'. THE GARAGE ON PROPERTY. (REQU�ST BY WALT�.R ZIMBAL, 6240 SUNRISE DRIVL, FRIDLEY, MINNESOTA): Councilman Liebl said that the Board oi i�ppeals had approved oi this request, however, he has had some second thoughts on this, and would like to have the ieeling of tlie Council. He asked ii Mr. Zimbal does not already have an attached double garage. The City Manager replied that he had, and that the applicant has 4 cars, two of which he now parks in the place he is requesting a garage. Councilman Liebl asked how big the present garage is and the Cicy Enyineer said that he thouyht it was 20' x 24' and that the pro- posed garage was 20' x 30'. Councilman Liebl said that he thought this was a lot of yarage space. The City Engineer explained thac the Board of Appeals' ieeling was that as lony as the petition�r was using the land for parkany his cars now, it could be granted. ' Carl Paul�on asked ii there was any obstruction oE view ot the trafiic. Councilman Liebl said it might possibly be an obstruction but Nlayor Kirkham said that he did not think so. Mr. Paulson saicl that aesthetic values must be considered. Councilman Liebl said that this is exactly what the Council is consideranJ. � i , �., � I REGULAR COUNCIL MEETING OF AIIGUST 19, 1968 PAGE 9 A visitor to the Council MeeLing said that he did not think this garage would l�e compai:ible with the rest of the area. He did not thinlc the value of the cars would be equal to the value of the garage. He said that there was one car par7ced on the boulevard which has not run since it arrived. Councilman Liehl said that he could not understand the action of �he Board of Appeals. He said that he had received calls from neighbors expressing concern and that the people felt that the pre- sence of this garage would devaluate their property. F3e saa.d that ir �his request was approved, what good are our ordinances. He said that he £elt this would set a bad precedent. He said that some oP ihe people whu called had suggested that the proposed yarage be attached, and the existiny garage be made living space. Mr. ,Tacic Korthot, 6261 12ainbow Drive, said that he had looked this area and tal7ced to Councilman Liebl and he �elt that the front yard could not handle parlcing one car without it hanginy into the boulevard area. He also suggested that the garage be bac}c, and the existinl garage be made a part of the house. at ov er set Car1 Paulson said that people should consider how much space they need ior liviny beL-ore buying and i£ more land is necessary, they should buy a larger area. IIe said that the IIoard of Appeals should also look into other aapects o= the problem, such as how many drivers there are in the iamily, what the yarage will be used £or etc. Mayor Kirkham assured him that this is done by the Board oi Appeals, and that the Council's main concern was the non-campliance with our ordinances. MO'PION by Councilman Sheridan to deny i:he request for a vara.ance by Vdalter Zimbal, 6240 Sunrise Drive, tor the erection ot a 20' X 30' garage. Seconded by Councilman Liebl_ Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried. 2. A R�QUEST FOR A SP�CIAL USE PERMIT UNDER PROVISIONS OF ORDINANCE �373, AND AMN'1VD OFFICIAL NOTICE TO INCLUDE CON- SIDEF2ATION OF A VARIANCE OF ORDINANCE #f332, SECT7�ON 45.102, PARAGRAPH 4A, REDUCTION OF MINIMUM FLOOR AREA �ROM 2500 S4UARE E�ET TO APPROXIMAT�LY 1200 SQUARE FEET TO PERMIT CONSTRUCTION OF A PET CLINIC ON LOT 10, BLOCIZ 2, COMMERCE PARK, ANOKA COiTNTY, MINNE:SOTA, THE SANIE BEING 742Q UNIVERSITY AVENUL N.E., FRIDLEY, MINNESOTA.'(REQUEST BY DR. WILLIAM N. DUDLEY, 4902 FRANCE AVENUE N., MINNLAPOLIS MINNESOTA): ' 1 ' l i� REGULAR COUNCIL MEETING OF AUGUST 19, 1968 PAGF. 10 ' The City Engineer said that the Board of Appeals had approved this request, and explained the stipulations imposed by the Board. Councilman Li�l asked what the znning was on the west. The Crty Attorney replied that it is CR-2, with R-1 across the highway. He explained that the CR-2 zoning is a buf=er type zoning o£ borderiine business uses. Mayor Kirkham said that he understood that this variance is asked for because the applicant plans a future addition. The City Engineer said that the land area is 100' x 258' and the buildiny is 37.4' x 35.4' for a floor area o£ about 1200 square feet. Councilman Liebl asked Dr. Dudley if this clinic was just for the treatment of animals and not for boarding, Dr. Dudley replied that this as correct. Councilman Liebl then said that he would have no objection. MOTION by Councilman Liebl to receive the Minutes of the Board oi � Appeals Meeting of August 7, 1968. Seconded }�y Councilman Sheridan. Upon a voice vote, all votiny aye, Mayor FCirlcham declared the motion carried. RECEIVING THE MINUTES OF THE BUILDING STANDAF2DS - DSSZGN CONTROL SUBCOMMITTEE MEETING OF AUGUST 14, 1968: 1. CONSIDERATION OF A REQUEST FOR A REVISION OF PLOT PLAN FOIt SUPERIOR "400" GAS STATION LOCATED 1iT 7399 SAST RIVER ROAD TO BE CHANGED INTO A PIZZA PICK-UP CENTER. (REQUES�P BY LOUIS SIGOURN�Y): The City Engineer explained the stipulations imposed by the Builciing Standards - Design Control Subcommittee and added that he felt that there should be the addition of a planting strip to con=orm with Council policy. He £elt that this could easily be worked in. MOTION by Councilman Sheridan to concur with the Subcommittee's recommendations and add Item #f8 to the stipulations to readc Landscaping plan to be submitted to be approved by Engineerin� Staff. Seconded by Councilman Liebl, Upon a voice vote, there being no nays Mayor Kirkham declared the motion carried. � (COUNCILMAN SAMUELSON ARRIVED AT 9:50 P.M.) REGULAR COUNCIL MLETING OF AUGUST 19, 1968 PAGE 11 2. CONSID�RATION OF A REQUEST TO REVIES'd THE FINAL PLOT PLAN FOR FOOD BONANZA INC., FOR THEIR BUILDING LOCATED ON LOTS 1, 2, 3, 28 AND 29, $LOCK 2, COMMERCE PARK, ANOKA COi7NTY, MINNESOTA. (REQUEST BY PAUL J. SENTMAN OF NELSON CONSTRU- CTION COMPANY, MASON CITY, ffOWA): The City �ngineer explained the stipulation o� the Buildany Standards - Design Control and suggested that Item #7 concerniny the incineration be discussed with the Health Officer. He said that normally com- panies in Commerce park have been putting in concrete curbs and pointed out. that the Subcommittee has specified asphalt curbing. He also pointed out the absence of hedges in this area. Mr. Pau1 Sentman of Nelson Construction Company, representing the interest of I'ood Bonanza said that the Bu11d1ng Standards - Design Control Subcommittee had not wished the hedges as they ielt that this would �ust collect debris, and also interiere with snow removal. Councilman Samuelson agreed that hedyes do collect debris, but that L-his would be good, in that it would keep the litter from blowing onto other people's property. The City Engineer said that the hedges have been the Council policy and that there was 24' oi boule- vard which should be adequate £or snow storage. Councilman Lieb1 said that he would like to see concrete curbing a11 the way around the property, as he is interested in improving this conun�,tnity. He said that he realized that this would be a great deal of curbing. Councilman Samuelson said that he would like to maintain a certain degree of- consistancy in concurrence with City policies. The City Engineer told Mr. Sentman that in the City's business areas there is a lot of concrete curbing and planting stra.ps requared. Mr. Sent- man said that his company dad not want a"Shopping Center" type of image. Councilman 5heridan pointed out to him that Western Oil �ust east of Food Bonanza has put in concrete curbs. Mayor Kirk- ham told Mr. 5entman tnat asphalt curbing is sometimes allowed if the curbing is to be temporary, but if it is permanent, it is re- quired to be concrete. MOTION by Councilman Samuelson to concur wath the Building Standards - Design Control Subcommittee recommendations with the addition of Item r9; Concrete curbing all around property except that property bounded by Lot 3, which may be precast concrete to allow for future expansion; and Item #�10; A 15' planting hedge to be located 4' from the perimeter of the curb. Seconded by Councilman Laebl. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried. ' , C ' I_ � � l� � REGULAR COUNCIL MEETING OF AUGUST 19, 196c� PAGE 12 Mr. Sentmat� asked about the location o£ the plahting strip and Councilman Samuelson advised him that the City �ngineer will help him with the placement. He also told him that about 4" oz topsoil would be needed for the hedge to Grow, as the area is very sandy. 3. CONSIDERATION OF A RE4UEST TO CONSTRUCT AN OFFICS AN➢ ASSEMBLY PLANT FOR ALLIED ALUMINUM MFG, CO. T� BE LOC[l`PED ON LOT 22 BLOCK 2, COMMERC� PARI{, FRIDLEY, MINN�SOTA. (REQUEST BY ALLIED BUILDING PRODUCTS, INC., MINNEAPOLIS, MINNESOTA): Mr. Spencer Holle showed the Counca.l his plot plan and explained the stipulations and problems he had with the Building Standards - Design Control Subcommittee, which was mainly one of elevation. Councilman Liebl asked ii his elevation problems were resolved and Mr. Holle replied that they were, and that the Building Official has agreed. Councilman Samuelson asked Mr. Holle what he plans to do about the drainage problem in the recessed area. Mr. Iiolle sayd that they were going to use a sump. Councilman Samuelson then asked where the over-all drainage will go. The City Engineer said that a11 the water will drain to the catch basins in the street, The City Enqineer said that he thought tnaL- basically this was a good plan, but that tnere was a problem yet to be resolved con- cerning the snow storage in the blacktopped parking lot. Fie saiq that he has dealt with Mr. Holle be£ore and has always found him very accommodatzng and that he anticipated no problems. Mr. Holle said that it will be a brick front and that the Buildiny Standards - Design Control had requested 3' x 1' pilasters 9' hiyh. He said that the building would be about 7,000 square feet and the land area is 200' x 260'. He explained that the building is de- signed so that an expansion could be a duplication of the existing building, and still be within the setback requirements. MOTION by Councilman Samuelson to concur with the Buildiny Standards - Design Control Subcommittee recommendation wlth the addition that tlie landscaping plan and the parking lot be attested to by the City Engineer, and that temporary precast concrete curbs to suffice until future expansion takes place. Seconded by Councilman 5heridan, Upon a voice vote, all voting a�re, Mayor Kirkham declared the motion carried. 4. DISCUSSION OF REGISTERED LAND SURVEY BY GREAT NORTH�RN RAILWAY AND ACQUISITION OF PARCr,L OF PROP�.RTY BY PLYWOOD MINNESOTA- ; REGULAR COUNCIL MEETING Or AUGUST 19, 1968 PAGE 13 The City Engineer explained that this was not discussed by the Buildinc� Standards - Design Control, as Plywood Ma.nnesota had asked that it be tabled to the August 28, 1968 meetin5. He said the City has received two leL-ters from Great Northern Railway Company who are the owners of the property. One was concerning the petition by Great Northern Railway for improvements to serve Plywood Minnesota, and the other was seni: along with a plot plan which will be dis- cussed by Plats & Subdivisions - Streets & IItilities Subcommittee in che near future. He saici that the Great Northern Railway Co. own a 106.72 acre parcel of land oi which Plywood Minnesota, Inc. is purchasiny 5 acres. The Great Northern Railway Co. is proposin, a Reyistered Land Survey which would develop as the property de- velops, and they would deed Lhe necessary right of way to the City. TYie petition is ior roadway and necessary utility lines, and as there is 100% signature by land owners, there will be no need ior a Public HearinG. He said that Great Northern Railway Co. is pre- senting this to the Council only as an over-all plan and it will come back later as a ReJistered Land Survey. He explained that each parcel will have a lot number, and would not be a meets and bounds description, and that it was something like an auditor's subdivision. Councilman Samuelson �aid that he did not feel the Council could retain adequate control in this type of situation. He asked if the Great Northern Railway Company would submit to covenants. Mr. Robert Brokopp, of Great �orthern Railway Co., said that t1E Railway must retain flexibility. Fie said that sometimes they may want to sell a 40 acre parcel, maybe sometimes only 15 acres. He said tlzat this was the reason they wanted a Reyistered Land Survey, rather than platting. He said that the roadways will be covered by lot numbers, and that everything will have a number. The roadways wi11 be deeded to the City as soon as development proceeds. Councilman Samuelson said that this seems to be doing it piece-meal, and asked if this could not be done by plattiny. Mr. Robert Brokopp answered that they would hesitate to come in with an actual plat as then there would be sma11 parcels. He said that they would be selling rather large parcels of land. Councilman Samuelson said that this has not been to Plats & Sub- divisions - Streets & Utilities or Planning Commission yet and he would appreciate their feelings on this befo�e making a Council decision. Mr. Brokopp said that he realized this and they were appearing here before the Council tonight so that Plywood Minnesota could be taken care o£. Councilman Samuelson said that he would like to see Great Northern Railway Co. submit to some protective ' , , i; C.� � R�GULAR COUNCIL MEETING OF AUGUST 19, 1968 PAG:: 14 � covenants, such as the easement for railroad tracks ta be main- tained, and assurance that access will be provided. Mr. Brokopp said that the weeds will be cut in the railroad right of way, as this is no different than anywhere else. Councilman Sheridan asked what the regulations were concerning Registered Land Surveys. The City �ngineer said that they were no different and that this is actually a type of plat. Councilman Samuelson asked if this would fall within the realm o£ a Planned Development Distr�,ct. The City Attorney explained that it would not because in a P.D. Distract, there would be one owner, in this case you have the owner selling parcels of land to other people for development, so tbat you would end up wi'th a number o£ owners. A visitor to the Council Meeting from the Great Northern Railway Co. said that they have complied with all the ordinances and they are interested in developing a good industrial area. Councilman Samuelson agreed with this and said that the question was how is this to be done to the mutual satisfaction oi both parties. � The Great Northern Railway Representative said that they have to obtain approval £rom the City Council £or access for Plywood Minnesota, and that he wanted to assure the Council that access will be provided on the Registered Land Survey. He said that the flexibility of the plan is very impprtant ta the Company ae they may sell anywhere from 2� acres to 35 acres and still the circulation of the traffic would not be disturbed. The City Engineer said that Petition #$27-1968 should be receaved so that the Engineering Department may be authorized to proceed with the legal requirements. PETITION NO. 27-1968 - FOR STREET, CURB t'�.DTD GUTTER, AND UTILITIES TO SERVE PLYWOOD MINNESOTA. (Signature - 100%) MOTION by Councilman Samuelson to receive Petition �27-1968 from Great Northern Railway Co. for installation ot street and utilities, refer the Registered Land Survey back to the Plats and Subdivisions - Streets and Utilities Subcommittee, and for the Great Northern Railway Company to suY�mit a list of protective covenants. Seconded by Councilman Liebl. Upon a voice vote, all voting aye, Mayor � Kirkham declared the motion carried. „ REGULAR COUNCIL MEETING OF AUGUST 19, 1968 PAGE 15 5. CONSIDERATION OF A RE�U�ST TO CONSTRUCT OFFICE AND M11NU- ' FACTURING PLANT AT 7645 BAKER STREET N.E. FRIDLEY MINN THE SAME BEING LOT 5, BLOCK l, NAGEL'S WOODL7iNDS, ANOKA COUNTY, MINNESOTA. (REQIIEST BY R.M,S. - MR. W.W. HABIG 1511 MARSHALL STREET N.E., FRIDLEY MINNESOTA): `1`he City Enyineer outlined the stipulations placed upon the R.M.S. Co. by the Building Standards - Design Control Subcommittee and said that the Company has agreed to all requirements. MOTION by Councilman Liebl to concur with the Subcomm�ttee's re- commendations and grant the building permit to the R.M.S. Company sub�ect to the stipulations. Seconded by Councilman Sheridan. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carriecl. 6. CONSIDERATION OF A REQUEST TO BUILD AN ADDITION ONTO EXIST- ING FACTORY AND T4AREHOUSE AT 7315 BEECH STR�ET N.E., FRIDI.�Y, MINNESOTA, THE SAM� BEING LOT 25, 26, BLOCK 7, ONA4IAY, ANOKA COUNTY, MINNESOTA. (REQUEST BY M.I.T. CO., 905 5th STREET N., MINNEAPOLIS, MINNESOTA): ' The City Engineer explained that this request was for a 20' x 63' addition onto an existing building. He said that he wanted to po�nt out that by allowing this addition, the City is in effect, discouraging ever opening up the alley as the building is about 1' from the alley right of way. He said that all the roads used now are in front. MOTION by Councilman Sheridan to concur wrth the Building Standards Design Control Subcom.-nittee recommendation and approve the building permit sub�ect to the stipulations set forth. Seconded by Council- man Liebl. Upon a voice vote, all voting aye, Mayor Kirkham de- clared the motian carried. 7. CONSIDERATION OF A REQUEST TO CONSTRUCT A PET CLINIC AT 742D UNIVERSITY AVSNUE N.E., FRIDLEY, MINNESOTA, THE SAME BEING LOT 10, BLOCK 2, COMMERCE PARK, ANOKA COUNTY, MINNESOTA. (REQUEST BY DR. W.N. DUDLEY, 4902 ERANCE AVENUE I3., MINI3�APOLIS, MINNESOTA): Mo'PION by Councilman Sheridan to concur with the Buildinq Standards - Design Control Subcommittee recommendations with t he exception that instead oi blacktop curbang around the parking area and drives, ' that it be concrete, except £or the west side which may be precast concrete curbs to allcxv ior £uture expansion. Seconded by Council- man Liebl. Upon a voice vote, all voting aye, Mayor Kirkham de- clared the motion carried. � � � REGULAR COUNCIL MEETING OF AUGUST 19, 1968 PAGE 16 8. CONSIDERATION OF A REQUEST TO CONSTRUCT A CANOPY ONTO EXISTING GAS STATION LOCATED AT 7449 EAST RIVER ROAD, FR.IDLEY, MINNESOTA. (REQUEST BY GULF SUP�RIOR "400", 720 WEST 94TH STREET, BLOOMINGTON, MSNNESOTA): Councilman Liebl said that he noticed that Gulf Oil has agreed to clean up and sod the boulevard area, The C:�4y Engineer added that he felt that there were too many signs on Bast Road and would like to have them removed and only have th permanent sign. River e one MOTION by Councilman Liebl to grant the request of Gulf Oil Company sub,7ect to the stipulata.ons that they clean up and sod the boulevard area and remove their temporary signs. Seconded by Councilman Sheridan. Upon a voice vote, all voting aye, Mayor I{zrkham declared the motion carried. 9. CONSIDERATION OF A REQUEST TO MOVIi A GARAGE FROM 334 ULYSESS STREET N.E., MINNEAPOLIS, MINNr.50TA TO 560 KIMBALL STREET N.E., FRIDLEY, MINNESOTA. (REQUEST BY DICK CURRAN, 560 KIMBALL STRE�T N.�., FRIDLEY, MINN.): 2'he City Engineer showed the Council a picture of the garage to be mw ed, and commented that he thought it would look nice and could see no problem. MOTION by Councilman Liebl to concur with the Building Standards - Design Control �ubcommittee, to allow a garage to be moved to 560 Kimball Street N.E., sub�ect to the requirements set down by the Subcommittee. Seconded by Councilman Sheridan. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried. 10. CONSIDERATION OF A RE4U�ST TO MOVE A RESSDENT L�FI�:LLING FROM 5301 CENTRAL AVENUE N.E., TO GIRL SCOUT CAMP LOCKSLt�A AT 69TH AND EAST RIVER ROI�D. (REQUBST IIY GIRL SCOUTS OF AMERICA)- The City Engineer said that the Inspection Department did not think this building was in yood enough condition to move, there=ore, they recommended denial o£ the request. MOTION by Councilman Liebl to concur with the Building Standarcis - Design Control Subcommittee in the denial to move the building at 5301 Central Avenue. Seconded by Councilman Sheridan. Upon a voice vote, all voting aye, Mayor Kirkham declared the mota.on carried. i REGULAR COUNCIL MEETING OF AUGUST 19, 1968 PAGE 17 MOTION by CouncLlman Sheridan to receive the Minutes of the Building � Standards - Design Control Subcommittee Meeting of Auyust 14, 1968. Seconded by Councilman Liebl. Upon a voice vote, there being no nays, Mayor Kirkham declared the motion carried. RECESS- Mayor I:irkham declare� a 15 minute recess at 10a55 P.M. R�SOLUTION NO. 116-1968 - A RESOLUTION TO ADVERTZSE FOR BIDS FOR GASOLINE• MOTION by Councilman Samuelson t o adopt Resolution No. 116-1968. Seconded by Councilman Sheridan. Upon a voice vote, all voting aye, Mayor I:irkham declared the motion carried. Tne City Manager pointed out that the Administration felt that we should advertise for bids, then compare the bids received with those the County received. Councilman Samuelson agreed with the comment that the City could always reject all bids. F'IRST READING OF AN ORDINt�S7CL' FOR REZONING REQUEST CZOA �#6$-04) � TO P.EZONL FROM R-1 TO R-3A, PART OF LOT 9, AUDITOR'S SUBDIVISION y�88, BY LOUIS MOMCHILOVICH: Councilman Samuelson su�c�ested that in the future, to insure greater compliance with the ordinances, they instigate a new policy where- by all tkze regular procedures would be followed up to and through the Pirst reading ai: the ordinance, then heiore the second reading, everything could be checked such as correct plans, agreements, if necessary, petitioners agreement to comply with all requests etc. T+dhen assured everyt"siinq is in order, the second reading would be held. He said that in this way the Council would retain greater control over what was beiny developed. He said that he was �ust submittiny this as a thouyht and wondered what the rest of the Council thought about this. Councilman Sheridan said that he recalled that ihey had tried sonething like this beiore concerning the northeast corner of Usborne Road and University Avenue. He said that they rezoned that parcel with the stipulation that if it was not developed with- in a year, it was to revert to the original zoning. , Councilman Samuelson said that Coon Fapids is doiny sometl�ing on the order of what he suggested, in withholdin� the second reading, and it seemed to be working out for them_ Mayor Kirkham agreed and commented tlzat anyone acting in good Paith should not ob,7ect. �� r' REGULAR COUNCIL MEETING OF AUGUST 19, 1968 PAGE 18 � The City Attorney asked if there would be any problems with financing,and said that he thought the financing would be contin- gent upon Council approval. Councilman Samuelson said that he did nat think so. Councilman Sheridan agreed with the concept and suggested the City klanager draw up a policy to be iollowed in the future. Council- man Samuelson eaid that there could possibly be a given time limit, such as one year. MOTION by Councilman Sheridan to approve the iirst reading o� the ordinance for rezoning request by Louis Momchilovich, and waive the reading. Seconded by Councilman Samuelson. Upon a roll call vote, Kirkham, Samuelson, Liebl, and Sheridan voting aye, Mayor Kirkham declared the motion carried. RETAINING WALL REQUEST AT 190 LIBERTY u7.'RELT - STREET IMPROVEAIENT PROJECT ST. 1968-1A: (WILLIAM SUPER) Councilman Samuelson said that he had gone up there with the En- � gineering Assistant and the problem with this home is that it sits sideways on a corner lot. There is about 20' setback, so the problem is the nearness of the building to the property line, and the fact that sloping the yard would greatly disturb their trees, yard light, etc. He said that there �ust is not enough room to achieve a good slope. He said that this was the only case like this in the project. The City Engineer said that the wall could be 5' from the curb to allow for snow storage. The wall is to be on the Super's property. Mayor Kirkham commented that he recalled that this has been done for other people occasionally. Councilman 5heridan asked if the Supers would be agreeable to splitting the cost. Councilman Samuel- son said he did not think so. MOTION by Councilman Liebl, that since this does constitute a hardship to the Supers, that the Council give them some consideration and include this retainang wall in the pro�ect. Seconded by Council- man Sheridan. Upon a voice vote, all votang aye, Mayor Kirkham declared the motion carried. � The Comment was made that the Supers would be responsible tor the maintenance of the retaining wall. ,� �9 A i REGULAR COUNCIL MEETING OF AUGUST 19, 196II PAGE 19 RESOLUTION NO. 117-1968 - A RESOLUTION APPROVING PLANS FOR STREET IMPROVEMENT AND APPROVING CIiANGE ORDER NO. 1 FOR THE ADDITION OF SAID STR�ETS TO STRE�T IMPROVEMINT PROJECT ST. 1968-1B AND PRO- VIDING POR C�RTAIN DESIGN MODIFICA'PIONS OF SEVERAL STREETS INCLUDED UNDER STREET IMPROVEMENT PROJECT ST. 1968-1B (CIiANGE ORDER #1): MOTION by Councilman Liehl to adopt Resolution No. 117-1968. Se- conded by Councilman 5amuelson. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried. RESOLUTION NO. 118-1968 - A RESOLUTION DIRECTING PREPARATION OF ASSESSMENT ROLL FOR SANITARY SEWER, WATER AND STORM SEWER IMPROVE- MENT PROJLCT NO. 84: MOTION by Councilman Liebl to adopt Resolution No. 118-1968. Seconded by Councilman Sheridan. Upon a voice vote, all voting aye, Mavor Kirkham declared the motion carried. RESOLUTION NO_ 119-1968 - A RESOLUTION DIRECTING PUBLICATION OF Ii�Ai2ING ON PROPOSED ASSESSMENT ROLL FOR SANITARY SEWER, WATER AND STORM SE��TER PROJECT N0. £34: MOTION by Councilman Samuelson to adopt Resolution No. 119-1968. Seconded by Councilman Sheridan. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried. APPOINTMENTS- MOTION by Councilman Liebl to concur with the Administration in approvinc� the following appointments: NAME Mary J. fIintz 6060 5th St. N.E. Fridley, Minn. POSITION C 1 erlc-Typ i s t (B1dg.Insp.- Engr . ) Rene Pranko Switchboard 235$ E. County Road E. operator New Brighton, Minn. SALARY $324.00 $324.00 ItEPLACES Diane Allen Dianna J. Platz Florence Engelbrecht Vdater $324.00 Betty 5. Reinhart 6800 Madison St. N.E. Billing }�ridley, Minn. Clerk THE MOTION seconded by Councilman Samuelson. Upon a voice vate, all voting aye, Mayor f:irlcham declared the motion carried. ' ' 1 , � L_ .�I RLGULIIR COUNCIL MEETING OF A[IGUST 19, 1968 PAGE 2D , � L� PETITION NO. 25-1968: STREETS. WASHINGTON STREET FROM 671^H TO APPROXIMATELY 300" NORTH OF 68TH. 68TFi AVENU� FROM RICE CREEK TLP.ItAC� TO WASHINGTON AND 7TH STREET FROM 67TH 10 APPROi:IMATELY 300' NORTH OF 68TH AVENUE- MOTION by Councilman Liebl to receive Petition No. 25-1968. Se- conded by Councilman Samuelson. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried. The City Engineer commented that the Enc�ineerin� Department will draw up 2 or 3 proposals for storm sewer in this area. CLAINLS - MOTION by Councilman Sheridan to authorize paynent oi General Claims #;15711 through �15II73, and Liquor Claims #2465 through #�-2520, Seconded by Councilman Samuelson. Upon a voice vote, all voting aye, Mayor Kirlcham declared the motion carried. SSTIMATES- MOTION by Councilman Liebl to approve the iollowing estimates. seconded bv Councilman Samuelson for discussion. Councilman Samuelson asked ii the estimate �or Heights Electric for the Municipal Garage is a iinal estimate. The City Engineer said that it was actually a partial estimate as 10/ has been re- tained. Councilman Samuelson said that then the estimate should read: "Estimate #1 - Partial". Karl Dedolph Construction Company 771 West 7th Street St. Paul, Minnesota 55102 Estimate ##1 Por work completed this date Eor General and Electric tiTork - Police and Park Department Remodelin5 in Civic Center accoading to contract. Police Departrnent Park Department Berglund-Johnson, Inc. 351 Second Street Excelsior, Minnesota 55331 i3stimate #7 (FINAL) Fridley Municipal GaraGe according to contract $ 5,100.00 $ 1,450.00 $ 784.00 I 4 b � ! REGULAI2 COUNCIL ME�TING OP AUGUST 19, 1968 I-Ieights Electric Inc. 4015 Central Avenue N.�. Columbia Heights, Minnesota 55421 Estimate �#1 (Partial) Wiring of the Fridley Municipal Garaye according to contract Northern Asphalt Constructian Company 1631 66th Avenue N.�. Pridley, Minnesota 55432 PAGE 21 $14,034.60 Estimate (FINAL) for construction of Street Improvement Pro�ect St. 1967-4 $ 1,094.51 UPON A VOICE VoTE, the motion carried unanimously. BILL FROM LAVENTFiOL, KREKSTliIN, HORWATH I�ND I30RWATHc Councilman Sheridan said that he recollected that sometime in June a motion was passed requesting the man from tYie firm appear before the Council sometime around the middle of ,7uly. He said that the Council did receive a letter Erom him saying in effect that the Council should redeem themselves and pay the bill_ This Council has hired a consultant who Yias never appeared before the Council. He said that he thought that this bill should remain unpaid until their representative appears before the Council. I3e pointed out that when Consulting Engineers services are used, they appear before the Council and are available £or discussion. Councilman Samuelson said that he ayreed that tYie consultant should be able to sit down with the Council ior discussion. Mayor Kirkham said that lie c7id not recall whether the contract included a personal interview along with the report. He asked a.t their iirm would be able to sue the City. The City Attorney said that they may not be able to collect, it would depend on whether he has iulfilled his contract. If the feeling on the part oi the Council is that he has not, then the Council would be �ustiiied in not paying the entire amaunt. Councilman Liebl said that as one of the Councilmen, he would li7ce the opportunity to aslc this man some questions. He said that he did not Peel that this was an unreasonable request. He said that he would like to iand out �vhy this was referred to as a confidential reporc, and that this should not be a confidential report. Mayor F:irkham recalled that the contract read that the money was payable upon receipt of the report. Councalman Sheridan said that he did not say not to pay the bill, but rather that they should show us the courtesy oi coming be£ore us, which at this point they have reiused to do. ' � LJ � � REGUI.AR COUNCIL MEETING OP AUGUST 19, 1968 PAG� 22 The City Attorney said that the Council night have a bone of con- tention if it was not Lelt that th is was a proiessional report. Councilman Liebl said that there were thinys that were not true in the report and that the report was not kosher. The City Attorney said that he was not quarreling this point, �u� L-hat if it goes into litigation, the City"s only deiense would be that the report was not of a proiessional nature. Councilman Samuelson said that he agreed that the City does have a moral obligation. He wondered if it woul� not be a yood idea to direct a letter to the home o£fice stating the Lacts, and that tne City is not denyiny tlze bill, but would li]ce to meet and discuss this report. He said that he would like co at least briny this to the attention oi the home oifice. The City t�ttorney agreed with this idea and would like the opport�nity to point out to them that the City is not evading our obligations. Councilman Liebl commented that if the consultant Pelt that he had done a good �ob, he should not object to meeL-in; with the Council. Councilman Sheridan saia that the report was about 90 days late, and that the Council probably made a mistake in receiving the re�ort in the first place. Councilman Liebl said that they had wanzed the report back before the election. He said that the report was ordered in the first place because it was ielt thai it would be good for the City's interest. The City Attorney said that he thought it would be a good idea to send all the pertinent material to the Chicago oL-fice. Councilman Samuelson added that then if anything were to happen, there would be documented proof of the City's yood _aith. Mayor Kirkham pointed out that the contract gave an estimate oi ta]cing 6 to 8 weeks �or compilation, however, the company had not done anything similar to this type of reporc �or a City be=ere and the consultant �elt that there were more aspects to consider than he had anticipated. Councilman Liebl pointed out that the iirm got all the help they asked ior irom the Administration. MOTION by Councilman Samuelson to pay the $1300 leaving a balance due of $461.45, and to direct the Administration to forward a letter � to the Chicago oifice with documents and �roceedings pertinent to the liquor study report. Councilman Samuelson pointed out that on June 17, 1968 the Council asY.ed this man to appear beiore the Council at his convenience and he reL-used. Mayor i:irkham �aid that he Eeli that i£ he had a bill ;'+'i� REGUL�1Ft COLTNCIL ME�TING OE' AUGUST 19, 19G3 PAG� 23 due him, he would not want to extend himself further. Councilman ' Shericlan said that he had voted against this last year. Mayor I:irlcham commentecl that there were disagreements with this firm at the beginning, and as time progressed, so da.cl the discord. t�4AYOR KIFF�3AM DECLARED COUNCILMAN SAMUELSON'S MOTION DIED FOR LACK OF A SECOND. Mr. P.ichard Harris, a visitor to the Council Meeting, suygested iorwarding the information to the Chicago o�fice as had been dis- cussecl, with a notation Lhat the check will be available for him to pic]c up at the Council Dleeting. MoTION 7�y Councilman �amuelson to direct the letter to the Chicago o��ice relaying all the Council action with the necessary documentation a�ith a notation that the check wilZ be waiting for him to pic]c up at the Council Meet�.ng. Seconded by Councilman Sheridan. Upon a voice vote, all votiny aye, Mayor Kirkha m declared the motion carried. BII�L i'ROM TOUCHE, ROSS, BAILEY & SMART: The City Manager suggested that the Council wait to pay this bill until he can go over rt with the Finance Darector. Fie said that he would like a break-down ai the fees, �uch as so much an hour ior the diiPerent types of heln. Councilman Sheridan said that the Council had telt that aiter the L-irst year, the bill should be reduced as the Campany becomes more accustomed to the operation. MOTION to table this bill irom Touche, Ross, Bailey and Smart in tne amount of $7,500 upon the request of the Administration. Seconded by Councilman Liebl. Upon a voice vote, all votiny aye, Mayor F�irkham declared the motion carried. BILL PROM VJEAVER, TALLE AND iIERRICK: Councilman Lxeb1 asY.ed the City Attorney to explain the bill. The City Attorney said that the $950 constitutes the retainer fee, and the other three itens in the amount of $625.00 are assessable atems. � MOTION by Councilman Lie7�1 to approve payment oi the bill fram UJeaver, Ta11e, and Iierrick in the amount oi $1575.00. 5econded by , Councilman Samuelson. U�on a voice vote, all voting aye, Mayor I:irY.ham declared the motion carried. - � �( REGULAR COUNCIL M�LTII�TG OP AUGUST 19, 1968 PAGE 24 , LTCF,NSES- MOTION by Councilman Sarnuelson to approve o� the iollowing licenses: MULTIPLE DV7ELLING LICENSES — u�PTEf�IBEh' 1 � 1968 �i^O 5EP^1EMBEP, 1, 1969 OWNER ADDRESS UNITS FEE Nathan & Darlene P. Scho-rartz 5916 Medic�ne Lake Road, Minneapolws, Minn 55422 101 Ch�rles St. N E. 12 12 DO Nathan & Darlene P. Schwartz 5916 Medec�ne Lake Road Minneapolis, Minne 55422 179 Charles St. N E 12 12.00 Nathan & Darlene P. Schwartz 5916 Med�ctlne Lake Road M�nneapoles, Menn. 55422 180 Charles St. N E 12 12.00 �, Ben B�gos 3201 Orchard Ave, No. Minneapolis, M�nn 5100 Horizon Drive N E 5 10.00 Ben B�gos 3201 O�chard Aue. No Minneapolis, Minno ' S101 Horizon Drive N E 7 10 00 M�chael A iema 4701 Un�verslty Ave N. E. M�nneapol�s, M+nn. 55421 5g40 East River Road 12 12.00 W�Ilsam J �oeller 13002 Middlevale lane S�lver Spring, Maryland �+30 Iront St. N E 3 10 00 � John L, & Ethel M. Matti 140 M�ssisseppe Place N, E Fridley, Minnesota 140 Mississippi Place 4 10.00 � � A � �A�'%� . . REGULAk; COUNCIL Nli,ETII�iG OP AUGUST l9; ].968 PAG� 25 OWNER-°---°--_�____.�»---�._ ADDRESS UNI'S r 'F� ' Wi Ilard L Peterson ,."�.`-.______.,-°----_____ �_..�___-_°- � 4455 Reservo�r ,Blvd N E. � M�nneapolis� M�nn 55421 5830 - 2�d St, N_ 4 lp �0 Rogers Properties 6512 - 50th Ave No Minneapolis, M�nn 5851 - 2nd St, N E Il ll 00 Joseph A Laurznt 58oD - 2z St N s F�idley, Mi�n 554Z� 5800 - 2'-z St. N E 4 l�,On John E Mezzenga 3429 Ben�am�n St Minneapolis, M�nn. 4901 � 3rd St N�. 7 10 P� Arnold C. Elmqu'st 586D E R�ver Road Apt 301 Frsdley, Mann 55�F21 4y13 - 3�"� St. ti, E 7 10 OQ Arno]d C Elmqu¢st 5£360 E Rever Road N E. Eridley, M��n 554Z� 4921 - 3rd 5± N E 7 l0 00 Arnold C Elmqu�st y860 E R�ve� Road N. E Fr�dley, Monn. 55421 4939 ° 3�d St N F 7 10 00 Arnold C E1mqu�st 5i360 E River Road N E� Fridley, M�nn 55421 49�+9 - 3�d St. N E 7 10 00 John D. Miller 47 Rsce Creek Way Frsdley, Minn. 55�+3z 4g65 - 3rd St N E 11 11 QO C. H Meller 1095 Polk Circle N E Minneapolis, M�nn 4985 - 3rd St N E 11 11 DO C H M�ller 1097 Polk C�rc]e N E, Minneapol�s, Minn 5005 - 3�-d St. N E ll 11 p0 W W Untinen 4347 Universitv Flve N. F Minneapolis, Minn 55�F2� 5025 - 3rd St N E 11 11.00� -- - - - �� n � F- , �� � FEGULAI: COUNCIL MEETING OP AUGUST 19, 19G3 OW N E R_ ------- .� ���__. BPn Bqgos j201 Orchard NorXh Monneapolis, Minn, 5en B�gos 3Z0� Orchard Norih M+nneapolls, Minn Ben Bsgos 3201 Orchard No�th Minneapolis, Minn, Ben B�gos 3201 Orchard Ave. North Minneapolis, Minn. Ben Biyos 3201 Orchard North � M�nneapoles, M�nn Ben Bogos 3201 Orchard North Minneapolis, M�nn. Ren B�yos 3201 Orchard North M9nneapoles, Minn. Ben B�gos 3201 Orchard North Minneapolls, Minn. franc�s d�Ridder $55 - a6th Ave. N. W� Menneapolis, �l�nn. Janes P. Sch�ll�ng, 1740 Spnng Creek Drive New Br�ghton, Minna James P. Sch�lling 1740 Spring Creek Drive New B�ighton, M�nn� . PAGF 26 ADDRESS JN � _ � � __--__—___ _—_-------- --� - � -- - - - --- - 5200 - 3rd St. N E 11 11 OD 5201 - 3rd St. N E 11 11 Op 5230 � 3�d st N� �� >> on 5�31 - 3rd St, N E 11 11 DO 5260 - 3rd St. N F 11 11 C�n 5�61 - 3rd St N E 1 � 11 ��C� 529D - 3rd St. Na E 11 11 00 5291 - 3�-d st N E 11 1� aa 5320 - 4th st N E �+ in oc 5400 - 5th st, N t L4 10 Dn 5410 - 5th St N E 4 10 0� e � i . . REGULAR COUNCIL M�ETING OP P.UGUS'i` 19, 1962 OWNER Kenneth Franko 6324 Scori Ave No. Brooklyn Center, M�nn. Kenneth Franko 6324 Scott Ave No Brooklyn Center, M�nne Wslber B Koplitz 8025 No. Douglas Dr�ve hlinneapolis, Minnesota Walber B Koplitz 8025 No. Douglas Drive Minneapolis, Minn Wa�ber B Kopl�tz 8025 No Douglas Dr�ve Minneapolis, Minn. Wtlber B Koplitz 802� No Douglas Dn ve Ms'nneapolis, Minn Ben Bigos 3201 Orchard Ave No. Minneapolis, Minn Ben Bigos 3201 Orchard Ave No. Menneapolis, Minn Charles W Wishy 6905 - 10th Ave So �lnnneapolis, Minn, W. A Mechels 1�5 - 97th Ave N E Minneapolis, Minn James Parnon & M W London 167� Grand Ave St Paul, Minn 55105 . PAG� 2% 5612 - 7th St N E. ~ 11 5640 - 7th St. N E 11 1050 - 52nd Avee N E 16 � 1090 - 52nd Aveo N. E 16 1120 - 52nd Ave, N E 16 Ii70 -$Znd Ave N. E 16 215 - 53rd Ave. N, E 3�5 - 53rd Avea N E 4 II 380 - 57th Place N E. 4 351 - 74th Ave, N f 11 361 - 74th Ave, N. E � - - -- --� r� � t � � � REGULAkt COUNCIL MEETING OF AUGUuT 19, 196�3 LIST OF CONTRACTOR'S LICENSES TO BE APYROVED GY THE CITY COUNCIL FOR THE FISCAL PERIOD 4/30/68 to 4/30/69 GAS Inter-State Plbg.& Htg Co. 3800 Restwood Road Lexington, Minnesata GENERAL CONTRACTOR Crawford-Merz Co. 2316 4th Avenue South Mlnneapolis, Minnesota Daxley Homes, Inc. 8510 Central Ave N. E. Minneapolis, Minnesota Peter Dukenfield Co. 4995 Excelsior Blvd. St. Louis Park, Minnesota Henry 0. Mikkelson Co. 20 West 59th St Minneapolis, Minnesota MASONRY Carl G. Olson & Sons, Inc, 6026 P111sbury Ave. South M3nneapolis, Minnesota HII'7E�aAL . R£�I�ldt.L � RE21�klAL By: Milton Bancroft NEW PAGE 28 APPAOVED BY HTG. INSP, By: Thomas J. Merz RENEWAL BLAG, INSP, By; Howard C. Thorson NEW HLDG. INSP. By: Peter Dukenfield RENEWAL BLDG. INSP. Sy: Henry 0. Mikkelson RENCF7AL BLDG, IFiSP, By; Carl H. David NEW BLDG. INSP, CA�TS Colonsl Houn3 Rastaurant 621j Univ�raiiy Ave. N.Fs. Fridlcry, lfittn�sota PUIILYC DRINKI4.G Pi.�Cr. Frontiar Club 7365 Cantral Ave, N.�s. Fridloyf }Linnesota VFs*]DIt:G HACHTPI�s Ro��Aa Rtrst Oil 5695 Hac��n Ava, Fridlay� �R71090�,II B7Y Juno C. Johnaor� HY: Harleno Povitzhi Ro� Tbklc, Pendin� -, 'u APF'F�VI+'D El s . H�a1tFr In��.act.cir APF'f;0i�13f BYY Health In^�cstor Chiof of Folice Hotalth Inspucto: Chiaf of PoLca a� � REGUI,A13 COUNCIL MEETING OT AUGUST 19, 1968 CIGARETTE PAGE 29 RENEWAL Colonial Hou:,e Restaurant June C. Jahnson Chief of Police 6215 University Avenue N.E. Fridley, 2�iinnesota RENEWAL PUBLIC DRINKING PLACE Maple Lanes 6310 I3ighway ;#65 Fridley, Minnesota Donald Savelkoul Chie£ of Police Health Inspector THE MOTZON for approval of licenses was seconded, and upon a voice vote, all vating aye, Mayor Rirkham declared the motion carried. GIFT HOUSE STANlP COMPANY: ,7ohn Lewmann, Gi�t House Stamps, was present at the Council Meeting and said that when he had gone b efore the Building Standards - Design Control Subcommittee, an agreement had been reached, however, when the request went beEore the Council, they had requested side- wal7cs be put in. He was present at the Council Meeting to ask that the sidewalks wait until the entire L-rontage area is put in. Councilman Samuelson pointed out that other businesses are complying with this re�uest, such as Holly Center, and said that he Felt that this was necessary to lceep children out o£ the parking area. Mr. Lewmann said that he would be willing to sign an agreement that when the area develops, he will put in the sidewalks. He said that he did not feel that thi� would accomplish anything, and that Burger King does not have sidewalks, nor would they be putting them in because although Gi£t House Stamps is the fee awner, Burger King would be responsible ior the sidewalk. Mr. Lewmann felt that it would be rather useless to put in a sidewalk that does not go t� or from anywhere. Councilman Samuelson pointed out that Mc- Donald's Urive-in put them in and it actually does not do them any good, but that the whole sidewalk complex is not done, and when it is done it will )oin with their sidecaalk. He said that when this sidewalk is done it wi11 join the loop-back all the way down to the Church in Sylvan Hills. He said that there is no through traffic irom Sylvan Hills and that this sidewalk would serve all the people walking from the Sylvan Hi11s area to the Ho11y Shopping Center area. Mr. Lewmann asked if, since the Council is insisting on sidewalks for him, what about the car wash and the Dairy Queen. Council- man Samuelson assured him that from Satellite Lane to Mississippi Street there wi11 be sidewalks going in in 1969 as a City pro�ect and be 100°; assessable. The City Attorney pointed out that there � � � � , � REGIILAR COUNCIL MEETING Or AUGUST 19, 196� are only two land owners involved, which are Gift House Dairy Queen. The City Engineer said that there may be of way problems and it may be necessary to obtain more acquisition. PAGE 30 Stamps and some right land by Councilman Samuelson suggested that Mr. Le�amann talk to the Burger King people to see if they would want to put in their part this year, and the Administration talk to Dairy Queen. The City Httorney pointed out that Dairy Queen donated land on Mississippi Street and they probably would not be too happy to be asked for additional right o£ way. Possibly the sidewalk could be put on the City oo�ned property that was taken for the loop-bac}c_ The discussion ended with the agreement put in their sidewalk on the assurance of the project will be in by 1969, and to Burger King to see if they want to d as it would probably be cheaper. COURT ROOM F2ENTAL: that GiEt House Stampa would oi the Council that the rest that NIr. Lewmann is to talk o their portion now also, /v � The City Manager said that the County Court has asked the City oi Fridiey about the cost of using the Court Room. He said that a cost oi $4.25 per square ioot per year was arrived at by the Assessor. Mayor Kirkham added that this would be based on the number oi days used. He pointed out that the Council Chaml�er was designed to be used as a Court Room, and said that the prestige of having the Court in Fridley, would outweigh any disadvantages. He said that the cost would come to about $10,000 a year. The City Attorney suggested checking to see what Anoka and Blaine are doing about Court Room rental. The City Manager informed him that he had tried to do this, and Blaine is waiting to see what Fridley is going to do. 'Phe City Manager said that there is 2,469 square Eeet and that it is estimated that the County wi11 use the Court Chambers 85� of the time and the Judge's Chambers 100qo. After a short discussion on how the contract should run, it was decided that it should be correlated with Anoka County. MOTION by Councilman Samuelson to concur with the recommendation � o£ the Administration and set the charges at $4.25 per square ioot for 2,469 square feet, and the contract should run until Decem7�er 31, 1969. The Motion was seconded by Councilman 5heridan and upon a voice vote, all voting aye, Mayor Kirkham declaned the motion carried. ;i REGULIIR COUNCIL MEETING OF r'1UGUST 19, 1968 pAGE 31 The City Manager said that the County has asked Fridley to estab- Zish a Clerk here to handZe routine fines and complaints, and the necessary paper work. FIowever, the County has said that they will not share 50;; o� the cost. He said the Administrata.on felt that less than 50% would not ]�e worthwhile. The City Attorney commented that it would seem that the County would go along with this and suggestea that this girl could also handle the fines ensuing from our tagging ordinance. Councilman Liebl wondered how three clerks, one for each court can handle the work load, when under th e system now, every town has a clerk. CORRESPONDENCE: A. ROBERT WILSON: RE: REQU�ST FOR BUILDING TWO SINGLE FAMILY DWELLINGS: Mr. Robert Wilson, 4020 Main Street was present at the Council Meeting and explained that he had previously requested a change in zoning to a11ow him to build a tri-g1ex. He said that he now has a buyer for this property, if he could split lot into two buildable sites with the zoning remaining R-l. He said that he felt that this was too biJ a lot sor one single unit. Councilman Samuelson asked haw big the lot was. Mr. Wilson answered that it was 101Z' £ront f-ootage and 135' deep. Cauncilman La.ebl said that he had received calls irom the neighbors indicating that they would prefer single family homes on this lot. Mr. b9ilson said that the lot across from him in Columbia Heights was a 40' lot, but it was explained to him that Fridley does not consider 40' to be a buildable lot. Councilman Samuelson told Mr. Wilson that this request would have to proceed through regular channels, and would first require a lot spliL-, and then to the Board of Appeals, if rt was necessary, depending on the size oi the buildings. MOTION by Councilman Samuelsan to recel.ve the communication from Mr. Vdilson dated Augu�t 8, 1968 and refer this request to the Planning Comnussion, Seconded by Councilman Sheridan. Upon a voice vote, all voting aye, Mayor F�irkham declared the motion carried. Mayor Kirkham suggested to Mr. 4Jilson that when he comes in, to bring a plot plan and certifacate o£ survey with him to show what he intends to do. The City Attorney asked if the Council wi�hed him to wait with further action on this property. The Council agreed that he should. � i u I REGULAR COUNCIL MEETING OF AUGUST 19, 1965 PAGE 32 � B. WYMI�N SMITH: RE: CHARLES E. JOHADT.''iDN, ST AL: The City Attorney suggested setting up a meeting with the people involved, i,e. Charles Johanson, A.L. V7illiams, Clemron Inc., & Maurice Filister, with Comstock and Davis Inc., the Finance Director, and the City Engineer, and the City Attorney. MOTION by Councilman Samuelson to receive the letter £rom V7yman Smith dated August 9, 1968 and set the meeting qate £or SeptemUer 23, 1968. Seconded by Councilman Sheridan. Upon a voace vote, all voting aye, Mayor Kirkham declared the motion carried. C. MINNEAPOLIS DAILY AMEI2ICAN: RL: PERNIISSION TO MAICE PAPBR AVAII,ABLE ON STREET VENDING RACI:S IN FRIDLEY: MOTION by Councilman Samuelson to receive the communication from the Minneapolis Daily American dated Auqust 14, 1968, and grant per- mission for street vending racks. Seconded by Councilman Liebl. Upon a voice vote, a11 voting aye, Mayor Kirkham declared the , motion carried. D. MAYOR KIRKEiAM: COMMF..NDING VIRGIL IIERRICK. CITY A'PTOP.NEY: Mayor Kirkham said that this letter comes Lrom the office oi the Mayor and read it into the Minutes as Pollows: FROM THE OFFICE OF THE MAYOR TO VIRGIL C. HERRICK Now that the District Court has made it's order in the litigation involving the City of Fridley and the North ,�uburban 5anitary Sewer District, I would like to make a brief comment and commenda- tion on the result. I believe that this Council has maintained a consistant position relative to the supplemental agreement which was the main point of controversy in this action. We authorized our Crty Attorney, Virgil C. Herrick, to attempt to negotiate an equitable settlement between the parties. I arn of the opinion that his representation of the Council's wishes was excellent. It later became necessary by virtue of the action started by the ' NSSSD for the Crty to become involved in legal proceedings that took place in the Anoka County District Court during the spring and early summer. During that time, Mr. HerricY. represented the City agaan and did an excellent job oi conveying �he Crty's position �o the District Court. The result certainly bears witness to the type of representation he has afforded the City. _�a � REGUL�FIR COUNCIL MEETING OP AUGUST 19, 1968 pAGE 33 Realizing that Mr. Herrich zs employed by the City to provide sucn representation, that that fact not withstanding, warrants my conveying to him as Mayor my congratulations on a superb ,7ob. The citizens should be aware of the £act that as a result af the court decision, the City is saved initially $173,000. A1so, by vartue of the order made in the lawsuit, the court substantiated the City's ri.yhts to thousands of residential equivalent connections that could well represent upwards to a million dollars an savings to P'ridley residents. So again I wish to commend Mr. Herricic for a�ob weli done. /s/ Jack O. Kirkham Mayor The City Attorney said "Thank You" for the commendation, and said that he had had the help ai Comstock and Davis, the City Engineer, and Robert Minder, Consulting Engineer and that he wished to express his appreciation for their assistance. Councalman Liebl said that this law suit may not be over yet and as7ted the City Attorney what prevents them £rom putting on an additional assessment. The City Attorney replied that if they attempted to do that the City would go to Da.strict Court. He said that he did not Peel that they would have the legal right to do this. PdOTION by Councilman Sheridan to receive the communication £rom the Mayor dated July 31, 19G8 and that it be made a part of the Minutes oi this Meeting. Seconded by Councilman Samuelson. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried. �. STATE OF MINNESOTA: RE: WORK AT INTERSECTION OF EAST RIVER ROAD AND I. 694- MOTION by Councilman SamuelUon to receive the letter from Mr. C.E. Burrill, �istract Engineer L-or the State oi Minnesota dated August 14, 1968 statang that they have started work to clean�up this site. The motion was seconded and upon a voice vote, all voting aye, Mayor ICirkham cleclared the motion carried. � � 1 ' REGULAR COUNCIL MEETING OF AUGUST 19, 1968 � ADJOIIRNMENT- PAGE 34 MOTION by Cazncilman Samuelson to ad,7ourn the ideeting. Seconded by Councilman Liebl. Upon a voice vote, all voting aye, Mayor Kirl:ham declared the Regular Council Meeting oi �ugust 19, 1968 ad7ourned at 1:00 A.M. Respectfully submitted, �l , , , iJ �"�',t.�Cic/ �GCS.r Jue1 Mercer Secretary to the Council , LJ � , IV 1���-. Jack O. ICir}cham Mayor i '/ _ h