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06/02/1969 - 00019455�;, .' a � THE MINUTES OF THE REGULAR COUNCIL MEETING OF JIINE 2, 1969 Mayor Kirkham called the Regular Council Meeting of .TUne 2, 1969 to order at 7:43 P M. PLEDGE OF ALLEGIANCE: Mayor Kirkham lead the Council and the audience in saying the Pledge of Allegiance to the Flag. ROLL CALL: MEMBERS PRESENT: Liebl, Harrls, 5heridan, Kirkham, Samuelson (Left the Meeting at 9:10 P.M.) MEMBERS ABSENT: None INVOCATION: Pastor Norman Eitrheim of the St. Philip's Lutheran Church lead the Council and audience in the Invocation. � PRESENTATION OF YOUTH ACAIEVEMENT AWARDS� Mayor Rirkham presented Kathleen Benson, Valedictorian and Sonita Luhman, Salutatorian with their Youth Achievement Awards and congratulated them on their outstanding scholastic achievement. APPROVAL OF MINUTES OF THE REGULAR COUNCIL MEETING OF MAY 19, 1969 MOTION by Councilman Harris to adopt the Minutes of the Regular Council Meeting of May 19, 1969 as presented. Seconded by Councilman Samuelson. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimoulsy. APPROVAL OF MINUTES OF THE SPECIAL WORKSHOP MEETING OF MAY 26, 1969 MOTION by Councilman Samuelson to adopt the Minutes of the Special Workshop Meeting of May 26, 1969. Seconded by Councilman Liebl. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously. ADOPTION OF AGENDA: Mayor Kirkham said that there was one item that he would like to add Item "F" under Communications, from Mr. John Hura�t, 1101 Lynde Drive: a request for a temporary sign to welcome his son home from Vietnam. MOTION by Councilman La.ebl to adopt the Agenda as amended. Seconded by Council- � man Harris. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously. VISITORS: Mayor Kirkham explained the Council policy in allowing members of the audience to speak on items not on the Agenda and asked if there was anyone {� REGULAR COUNCIL MEETING OF JUNE 2� 1969 present who wished to speak. RONALD McCLAIN: ALLEY BfiTWEEN 2ND STRE�T AND MAIN STREET: PAGE 2 Mr. McClain said that he had received the letter sent out by the Administration for the signatures. At the last Council Meeting, it was his understanding that only the fee owners were required to sign, but there was a place for the contract buyer to sign also. Councilman Liebl told Mr. McClain that the Administration was instructed to write these letters and they did so, after consulting with the City Attorney. The City Attorney added that the contract purchaser must be notified also. Mayor Kirkham said that they wanted to eliminate the renters from signing the letter. Mr. McClain asked about these other people, and what if zt is not signed 100a. Councilman Sheridan told him that then the Council cannot simply vacate the land. Mr. McClain asked if then, quite possibly, it could be thrown out again. Mayor Kirkham said that this was correct. The letter was worded in such a way that protection is open to both parties. If anyone ob7ects, they must be heard. Mr. McClain said that he did not think that this was �ustice. He asked if his Councilman had seen the letter. Councilman Liebl said that he had not. Mr. McClain then gave hun a copy of the letter to see. ORDINANCE �421 - AN ORDINANCE UNDER SECTION 12,07 OF THE CITY CHARTER TO VACATE STREETS AND ALLEYS AND TO AMEND APPENDIX C OF THE CITY CODE: (LOts 1-4, Block 1, Spring Brook Park requested by William J. Keefer) MOTION by Councilman Samuelson to adopt Ordinance #421 on second reading, waive the reading and order publication held until acquisition of the necessary slope easement. Seconded by Councilman Sheridan. Upon a roll call vote, Liebl, Harris, Samuelson, Sheridan, and Kirkham voting aye, Mayor Kirkham declared the motion carried unanunously. CONSIDERATION OF SECOND READSNG OF AN QRDINANCE FOR REZONING REQUEST {ZOA �69-03) TO REZONE FROM R-3, C-2S, AND M-1 TO R-3A: (S.E, corner of 79th Way and East River Road requested by N. Craig Sohnson) The City Engineer explained to the Council that the R-3 area has been included in the Ordinance also, an3 can be used only for multiples. He said that he would recommend that the Council acquire an 18' strip of land along the westerly portion of the property along East River Road for an additional lane. Councilman Harris reported that he had received a'call from someone along 79th Way who felt that a small manufacturing plant would not be detrimental. He said that there seems to be some con£usion in the minds of the people on what is allowed in an M-1 district, and they are thinking in terms of an electron�.cs plant or something comparable to this. He then read from the Code Book for the benefit of the audience �ust what would be allowed in an M-1 district. i3e said that he wanted to clarify this point, and that it is pre- sently zoned for any of these uses, and any one of them could go in. Noting these uses as perma.ssible, and the fact that some of the area is already zoned £or apartments, he would be in favor of the rezoning. MOTION by Councilman Harris to adopt tne Ordinance on second reading. Seconded by Councilman Sheridan. , r , �� REG�LAR COUNCIL MEETING OF JUNE 2, 1969 PAGE 3 � Mr. Charles Floer, 161 79th Way, said that he had 240 signatures against this rezoning, and he would like to introduce Mr. Joe Connors to speak Por the people_ Councilman Liebl asked if Mr. Connors was speaking as a friend or legal con- sultant. Mr. Connors said he was speaking as a friend. Mr. Soe Connors said that these people are not trouble makers or protesters When the first Public Hearing was held, the people did not know the procedure, and did not offer very much ob7ection. Since then there have been 240 people signing a petition against this rezaning. He pointed to the Planning Commission Meeting Minutes of February 27, 1969 which states that there would be 294 units, and it was the feeling of the Planning Commission that further studies should be made, and that some research would be in order on the past history of the land. In the March 13, 1969 Planning Commission Minutes, the Chairman ex- pressed some concern about the increased number of mu]tiple dwellings. He then read Mr, Thayer's statement from the Minutes concerning the impact of multiple dwellings on the school district. Mr. Connors said that there wexe many points to be stressed and that perhaps this is the time to make this study. He said that the Planning CommisSion had recommended a course of action, but the history or studies were not mentioned at the next Planning Commission Meeting. He presented a graph showing the rise in the number of apartment units. He questioned what the unpact to the community would be He pointed out that there were other unresolved questions, such as, that it was pointed out at the Plan- ning Commission Meeting that the sanitary sewer is not adequate £or the multiple dwellings. He questioned the history of the zoning on this land, and said that � it was not clear just what had happened on the land, but that it had moved from R-1 in 1959 through different zonings until it arrives at this R-3A now under consideration. He said that he did not know the reasons for this, that he had gotten his information in a second hand manner, and that he felt that the Planning Commission should have made the study that they had talked of doing. There are 20D0 pending multiple family units which will all be built on R-3 land The whole matter of multiple dwellings is changing the complexion of the City, and the Counoil must consider the entire community. Councilman Ziebl asked the Crty Engineer if the inteceptor on 79th Way would not be adequate to handle the 294 apartment units, as the Planning Commission Minutes state. The City Engineer answered that this was true, but no matter how the land develops, the same would be true. Perhaps, if it were to develop under the present zoning, and an industry using a lot of water located there, there would be even more sewer capacity needed than for the proposed multiple dwellinqs. Reqardless of the zoning, if the land were to be developed, eventually some lines would have to be connected to the N.S S.S.D, lines. Mr. James Thayer, Chairman of School District #14 School Board, said that as he had questioned the Planning Commission, he would again question the Council, on 7ust how the total impact of the increase in multiple dwellings can be assessed within the City of Fridley. They do add to the tax base but do not add children appreciably to the school district, but he would question what happens in 15-20 years if the trend of the economy continues as it has been. As costs skyrocke� fewer people will be able to afford to buy homes, so they will be , living in apartments. This would mean more children in apartment houses. He said that he felt that the problem of multiple dwellings in the City has not been explored as it should be. He questioned what the impact on the school district would be. What should be the ratio of multiple units to single family dwellings, and what kind of balance should you attempt to achieve. �=" REGULAR COUNCIL ME�TING OF JUNC 2� 1969 PAGE 4 Councilman Lieb1 said that he had been the nay vote on the first reading, and , he would like to try for the last time to sent this back to the Planning Commission for a study of the economic factors. MOTION by Councilman Liebl that the rezoning request �69-03 be tabled and returned to the Planning Commission for further hearings, at the completion c,f which, they re-submit their recommendations and the reasons for their recommendata.ons Mayor Kirkham called for a second on the Motion on the floor, he received none, therefore he declared the Motion DIED for lack of a second. Councilman Liebl said that before he would be ready to vote on this rezoning aga�n, he would like to ask Councilman Samuelson why the name L.W. Samuelson, Vice President, appears on the application, and does he or his wife own any of this land. Councilman Samuelson answered that his name appears on the application, as the petitioner did not fully understand the question, and he would like to make the following statement: "The vote that I made on this proposal may possibly appear as a conflict of interest to people not fully informed of my involvement, interests, and reasons. The other Council members and members of the Planning Commission have known of my interests but not in detail. The corporation involved in the land sale to the group of 5 investors � is the S.G. Pearson Co., Ine. The corporation was formed in 1959, by the late S.G. Pearson to develop Pearson's Craigway Estates. At the time of incorporation, Mr. Pearson gave to my children 120 shares of stock as a ga.ft under the Minnesota Uniform gifts to minors act. As per his wish, I was appointed at that time, custodian for these shares. I am also an officer of the corporation in name only, and have no shares of ownership. I am also an executor of the estate of the late S.G. Pearson, along with Mr. James E. Pearson and Midland Nataonal Bank, There are 60 shares held by the estate of which there is a possibility that upon disburse- ment, my wife may receive 30 shares. There are no direct renumerations to me by my action as a Councilman. The proposal for rezoning as submitted by the group of 5 investors, has many good attributes. The area in question is presently zoned in a con- glomerate of 3 different categories apartments, industrial, and com- mercial. The possibility under it's present zoning of what could be developed to what is proposed is a tremendous improvement. The Planning Commisszon under their study felt the request was reasonable, sensible, and in the best interest of the City and recommended approval. My action as a Councilman, as with the Planning Commission, and a ma�ority of the Council, was done in the best interests of the City. The rezoning request is a lesser or downgrading category from what is ' present.Ly zoned and more compatible with a residential area. If the request was to increase or step up the rezoning to a higher level, this would be an entirely different problem, f �; REGULAR COONCIL MEETING OF SUNE 2, 1969 PAGE 5 ' (Councilman Samuelson's statement continued) If the land were developed under it's present zoning classification, or the proposed, the land is still an asset that will ultimately be trans- mitted to the shareholders. The sale of the land under this proposed xezoning is not of the highest land use nos the gx'eatest amount of return that could be expected. In other words, the proposed rezoning is no great windfall of money to the corporation because of my action. My action, therefore, was taken in the best interest of the City. /s/ L.W. Samuelson Sune 2, 1969" Councilman Liebl asked the City Attorney if the circumstances described place Councilman Samuelson in a position in which his personal interest may come a.nto conflict with the duty he owes to the citizens of Fridley. MOTTON by Councilman Lieb1 that the rezoning request #69-D3 be tabled for reconsideration until after the City Attorney has submitted his opinion on the disqualification of Councilman Samuelson in the transaotion due to a private pecuniary interest which tends to conflict with the discharge of his duty to the City o£ Fridley. � The City Attorney saa.d that if the Council wishes this in writing, he would do so. He said that he has already talked to the attorney for S•G. Pearson, Inc. He said that this would be a very close question, and could not be determined by him, and that anything that he may say would be sub�ect to a court of law, if this is where it would end up. THE MOTION by Councilman Liebl to re£er this question to the leyal staff, and table the Ordinance to the next Regular Council Meeting was seconded by Council- man Sheridan. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unan.unously. Mrs. Eugene Pett, 176 Longfellow St. said that she is a resident of the area and she would like to see homes built in there. Mayor Kirkham told her that her comments are already a matter of record. The land is not zoned fox R-1 and the petitioner did not wish to try to rezone to R-1. A member of the audience asked if 78th Avenue is platted. Mayor Kirkham said not on that side of the railroad tracks. Mayor Kirkham was then asked, what about the speed limit on East River Road, it has already been reduced to 40 MPH. With these additional units, will not this compound the problem. Mayor Kirkham said that possibly the speed limit would then be reduced to 30 MPH. Councilman Samuelson then submitted his statement to Mayor Kirkham. MOTION by Councilman Liebl to receive the statement signed by Councilman Samuelson dated June 2, 1969. Seconded by Councilman Sheridan. Upon a voice � vote, all voting aye, Mayor Kirkham declared the motion carried unanimously. CONSIDERATION OF FINAL PLAT (P.S. #69-05) EAST RANCH ESTATES SECOND ADDITION, ROBERT A. SCHROER: (Generally located north of Osborne Road and west of University Avenue) Councilman Liebl said that he had xequested that this matter be tabled at the last Meeting to allow time to contact the owners of the property north of 79th �� REGULAR COUNCIL MEETING OF JUNE 2, 1969 PAGE 6 Avenue of the pending Council action. He noted in the Planning Commission � Minutes there is a rezoning request to rezone part of the land from M-2 to R-3 and he felt that these people should be informed. Mr. Schroer has provided an internal traffic pattern within the plat, but what about the people north of 79th Avenue. He said that he felt that there should be a letter oE concurrence from them. Councilman Harris said that his understanding is that the Council would follow the same policy as with Commerce Park for traffic contral, and that the traffic pattern would be set up, then the owners of the land would follow it. He pointed out that the Plats and Subdivisions - Streets and Utilities Subcommrttee recommends street configurations, so that the City is not obligated to go back sometime in the future to clear up traffic difficulties, such as the case with the Shell Oil intersecta.on at 61st Avenue and University Avenue. Councilman Liebl said that he did not like the temporary drainage easement along the drtch, as suggested by the City Engineer. He asked when the storm sewer would be going in. Councilman Samuelson said that the ditch is there now, and will have to stay until the storm sewer does go in. He pointed out that the City is trying to get it installed, and that Harris Erection would certainly like to get it installed also. The City Attorney added that he would be meeting shortly with Spring Lake Park to try to get the storm sewer problems resolved. Councilman Lieb1 said that he felt that this is an abuse to the property owners and would like an end to the stalling. Mayor Kirkham pointed out that getting this plat filed wi11 speed up the development of the area and � increase pressure to get the storm sewer in. Councilman Sheridan asked if the east-west line was a permanent easement. The City Engineer said yes. As soon as the storm sewer goes in, the temporary easement could be abandoned. The Crty Attorney suggested a quit claim deed for the temporary easement that would terminate at the completion of the in- stallation of the storm sewer. This would not be filed, but would be held in the office. Councilman Harris commented that he felt that some good thought was given to the development of this plat, and agreed that the land would not develop until the plat is filed. MOTION by Councilman Harris to approve the plan with the permanent easements as shown, with a temporary drainage easement to be accompll.shed by a quit claim deed, not filed, but held in the City offices and released upon completion of the storm sewer. Mr. Richard Harris, 6200 Riverview Terrace said that he would have no ob7ection to the p1at, but would ob�ect to the temporary easement as he felt that this would 7ust perpetuate the problem, and would force them to live with it 7ust that much longer. He £elt that this would �ust be putting the developer through a Iof. of extra paper work. He said that Spring Lake Park should be pushed to get the permanent resolvement. Something has got to be done about the ditch, the ditch is a hinderance to the development of the plat. � Councilman Sheridan said that he did not think that a deed would be necessary as long as the ditch has been a waterway for so long. He added that he did not think that the owners of the property would have the right to close off the ditch until an alternate solution is provided. He felt that this would just cloud the title for the developer. ,r �i' REGULAR COUNCIL MEETING OF SUNE 2, 1969 PAG� 7 � The City Engineer said that the reason this temporary easement was requested was so that the City would not have to trespass on private property for maintenance of the ditch. The ma�or cost of the storm sewer will be borne by Spring Lake Park and the Highway Department. The City cleans the ditch if it gets clogged up. Councilman Sheridan pointed out that the City does not have an easement now to go onto the land to clean the ditch. Councilman Samuelson pointed out that most of the flooding occurs at the westerly end of the ditch. Mayor Kirkham agreed that the temporary easement is not important and that the permanent easements are already provided on the plat. It was agneed by the Council that the temporary ditch easement would not be necessary and that part of the Motion is to be deleted, THE MOTION by Councilman Harris to approve the plat East Ranch Estates Second Addition requested by Robert A. Schroer was seconded by Councilman Sheridan Upon a voice vote, Liebl, Harris, Sheridan and Kirkham voting aye, Samuelson abstaining, Mayor Kirkham declared the motion carried. RECESSc Mayor Kirkham declared a 15 minute recess at 8:55 P.M. (COUNCILMAN SAMUELSON LEFT THE COUNCIL MEETING) FIRST READING OF AN ORDINANCE UNDER SECTION 12.07 OF THE CITY CHARTER TO � VACATE UTILITY EASEMENTS: (Lots 7& 8, Block 1, City View, b1rs. Drucilla A. Sando) The City Attorney sazd that the letter in the Agenfla on Page 97 is in reference to this requested vacation. The City Engineer said that this is between 2nd Street and Main Stxeet and that the street has already been vacated, and now the owner is requesting that the utility easement be vacated The City Attorney said that in this case there is no need for the easement and although it has been Council policy to retain the utility easements in the past, it would not be necessary in this case as all the utilities are already in. Theze is a court case coming up soon, and rather than get an adverse ruling, he would advise that this vacation be granted He said that she and her neighbor have worked out an agreement for a driveway whereby one would give an easement to the other. The City Engineer agreed that his department has indicated that there is no need for the utility easement. MOTION by Councilman Sheridan to approve the Ordinance on first reading and waive the reading. Seconded by Councilman Harris. IIpon a roll call vote, Harris, Sheridan, Kirkham and Liebl voting aye, Mayor Kirkham declared the motion carried. FIRST READING OF AN ORDINANCE AMENDING CHAPTER 32 OF THE CITY CODE PERTAINING TO FIRE PREVENTION AND PROVIDING FOR THE ESTABLISFIM�NT OF FIRE LANES IN CERTAIN AREAS OF THE CITY: � MOTION by Councilman Harris to approve the Ordinance on first ruading and waive the reading. Seconded by Councilman Sheridan. Upon a roll call vote, Kirkham, Liebl, Harxis, and Sheridan voting aye, Mayor Kirkham declared the motion carried. -�, wti�� REGULAR COUNCIL MEETING OE JUNE 2, 1969 PAGE 8 FIRST READING OF AN ORDINANCE UNDER SECTION 12.07 OF THE CITY CHARSER TO VACATE STREETS AND ALLEYS AND TO AMEND APPENDIX C OF THE CITY CODE: (POrtion of Marshall Street) Councilman Harris said that this item is brought back upon his request. MOTION by Councilman Harris to approve the Ordinance on first reading, waive the reading and hold up the second reading and publication until N.S.S.S.D. and Harris Erection have solved their access difficulties. Seconded by Councilman Liebl. Upon a roll ca11 vote, Sheridan, Kirkham, Liebl, and Harris voting aye, Mayor Kirkham declared the motion carried. The City Attorney reported that the City of Minneapolis has renewed their opposition to this vacation. RECEIVING THE MINUTES OF THE PLANNING COMMISSION MEETING OF MAY 22, 1969. 1. LOT SPLIT REQUEST: L.S. #69-14, STANLEY DAHLBERG Lot 11, Block 2, Spring Valley Addition The City Engineer explained that the Planning Commission had only approved the eas�-west split and not the north-south split. The lot is 125' wide. If the north-south split is to be approved also, the building sites would be 62.5' X 131.78'. The applicants have agreed to give a 25' road easement along the south boundary for a future road. Mrs. Stanley Dahlberg and her son, Curtis Dahlberg are present at the Council Meeting to request that the north- south split also be granted. Mr. Curtis bahlberg said that he was present to represent his father, who works nights. The Planning Commission had denied the north-south split leaving a lot 125' X 156.78' and the Dahlbergs felt that this was a very large lot for an R-1 district, and that other lot splits PYave been granted in other areas similar to their request. Councilman Sheridan asked if there were not lots split in this manner to the east of their lot. Curtis Dahlberg replied Lots 3 and 5 have been split like this. The City Engineer agreed and said tha� the south end of Lot 5 had been split into 62.5' lots. Mayor Kirkham agreed with the petitioner that a 125' X 156.78' lot would be a very large lot for this area. Councilman Sheridan asked if they would not be coming up with a land-locked parcel. Mr. Dahlberg �aid that this is the reason for the dedication of the 25' at the south end of the property. This will provide for a road when it becomes necessary. It will be the beginning of a developed road pattern. The City Engineer said that all the lots in this area are deep enough to be split in tha.s manner. Councilman Harris asked about the discussion the Council has had regarding requiring attached garages. Councilman Sheridan said that under the proposed zoning ordinance, one of the requirements in the City will be building permits £or houses must also include a garage with a paved drive- way. On a 125' lot there would be required an attached garage and the splitting will not eliminate this feature. Councilman Harris commented that to develop a home site on this type of lot would require that the house be situated the long way on the lot. Mr. Paulson commented that on this type of lot it would be a simple matter to bu�1d split level homes. Councilman Harris said � , , � � _ 'i _ . REGULAR COUNCIL MEETING OF JUNE 2, 1969 PAGE 9 that he wanted to make sure the petitioner understands this procedure when there are future requests for building permits. Councilman Sheridan said that he did not concur with the Planning Commission, but would concur with the drawing on Page 99 of the Council Agenda showing the proposed split as requested by Stanley Dahlberg with the understanding that there would be a stipulation that these lots, when a building permit is granted for them, that the building permit include a minimum of a single attached garage. The City Engineer pointed out that there should be an easement along the east- west split for ufility poles and drainage. Mr, Dahlberg asked that the certificate of survey be waived also until the tzme that a building permrt is applied for. MOTION by Councilman Sheridan to approve the Lot Split requested by Stanley Dahlberg (L.S. #69-14) for Lot 11, Slock 2, Spring valley Addition sub7ect to dedication of a 25' strip along the south Uoundary for future road, ease- ment along the east-west split for utilities and drainage, that building permits upon the lots must include a minimum of a single attached garage, and waive the certificate of survey until such time as the land develops. Seconded by Councilman Liebl. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried. 2. REZONING REQUEST. ZOA #69-02, GEORGE M. NELSON: N'� of Lots 30 and 31, Auditor's Subdivision #129, except the North 125 feet. R-1 to R-3A. MOTION by Councilman Harris to set the Public Hearing for the rezoning request by George Nelson for N'� of Lots 30 & 31, Auditor's Subdivision �k129, except the North 125', to rezone from R-1 to R-3A for July 14, 1969. Seconded by Councilman Liebl. Upon a voice vote, all voting aye, Mayor Kirkham declared the inotion carried.� 3. LOT SPLIT REQUEST: L.S. #69-16, WILLIAM J. KAHLE Part of Lot 1, Block l, Worrel's Addition The City Engineer explained that this is a very small lot split and showed on a map where the split would be. It would be taking a corner of a lot and adding it to the lot to the south and west. MOTION by Councilman Sheridan to grant the Lot Split request by William Kahle for part of Lot 1, Block 1, Worrel's Addition and waive the certificate of survey as there are no buildings involved, Seconded by Counczlman Liebl. Upon a voice vote, all voting aye, Mayor Kirkham declared the Motion carr�ed. 4. LOT SPLIT REQUEST� L.S. #69-17, SOSEPH L. SCHROEDL: Lot 4, Block 2, Moore Lake Highlands Addition The City Engineer said that this lot split would split 150' into two 75' � lots. They would conform to the standard land requirements of the City He suggested granting the spl.tt sub�ect to gettzng a certificate of survey MOTION by Councilman Harris to grant the lot split request by Joseph L.Schroedl for Lot 4, Block 2, Moore Lake Highlands sub7ect to getting a certificate of survey. Seconded by Councilman Liebl. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried. -� ,, � � �' REGULAR COUNCIL MEETING OF JUNE 2, 1969 PAGE 10 S. HYDE PARK REZOPIING STUDY ' The City Engineer explained that the Planning Commission disapproved of the Plan Circle Flow and recommended Plan Alternative Scheme A-1 prepared by Nason,Wehman, Knight and Chapman, Inc. Mayor Kirkham said that the Council is still waiting to hear from the Highway Department concerning the slip- off ramp. He then read the Planning Commission Minutes to the members of the audience. Councilman Liebl questioned what the Chairman meant by his comment on moving the access further south. Did he mean no access off University Avenue? He said that he was very much impressed by the accuracy and ingenuity of the City Manager when he presented his plan to the Planning Commission, Council and the audience. He asked if the rest of the Council concurred with the Plan Circle Flow as presented by the City Manager. Mayor Kirkham said that it was the concensus of the Council that they were in agreement with the plan. Councilman Sheridan said that he understood the comment of the Chairman to mean that if the Plan Circle Flow is followed, that the slip off ramp should be moved £urther south. Councilman Harris agreed that was the way he under- stood it. Mr. Eldon Schmedeke said that he was surprised at the stand taken by the Planning Commission. They are doing the opposite of what the people want, and he said that this was very disturbing to him. Mayor Kirkham said that each body makes � their own evaluation, and obviously the Planning Commission's stand is dif- ferent from that of the Council's, but each body tries to make their deter- mination to the best of their ability, and for the good of the community. Councilman Sheridan asked the Council Secretary to point out to the Planning Commission Secretary an error on Page 2 of the Planning Commission Minutes, second paragraph, which states "--peat, 6 to 8 inches deep--" which should read "-- peat, 6 to 8 feet deep--". MOTION by Councilman Sheridan to receive the Minutes of the Planning Commission Meeting of May 22, 1969. Seconded by Councilman Harris. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried. RECEIVING THE i�1INUT�S OF THE BOARD OF APPEALS MEETING OF MA.Y 21� 1969: MOTION by Councilman Harris to receive the Minutes of the Board of Appeals Meeting of May 21, 1969. Seconded by Councilman Sheridan. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried. RECEIVING THE MIN[7TES OF THE BOARD OE APPEALS MEETING OF MAY 28, 1969: CONSIDERATION OF A REQUEST FOR A SPECIAL USE PERMIT UNDER SECTION 45.19 (2A) TO PERMIT THE CONSTRUCTION OF A TWO FAMILY DWELLING IN R-1 ZONING ON LOT 3, BLOCK 4, O5TMAN'S THIRD ADDITION, THE SAME BEING 6921 EAST RIVER ROAD, FRIDLEY, MINNESOTA (REQUEST HY ROGER L. PETERSON, 7091 � HICKORY DRIVE, FRIDLEY, MINNESOTA): Mr. Roger Peterson was present at the Meeting to give his reasons why he felt that his request should be granted, even though it was denied by the Board of Appeals. He said that because of the steep grade of the lot, it would take about 1000 yards of fill to bring it up to a level to build upon. The cost of �, REGULAR COUNCIL MEETING OF SUNE 2, 1969 PAGE 11 � getting this land to the point where to could be built upon would be con- siderable. From all outside appearances, it would look like a house and the apartment would be underground. He said that he had a petition he would like to present from the people living within 200' to 3D0' stating that they have no ob7ection to this building. Councilman Sheridan advised him to keep the petition for later presentation at the time of the Public Hearing. The City Engineer said that according to the Crty Code, after a denial by the Boarfl of Appeals, the request would have to go to the Planning Commission. The Planning Commission acts as an advisory board and will make a recommendation to the Council, then there would be a Public Hearing before the Council. Mr. Peterson was advised to stop in and see the City Engineer at the office, to start the proper procedure for the appeal. MOTION by Councilman Harris to receive the Minutes of the Board of Appeals Meeting of May 28, 1969. Seconded by Councilman Sheridan. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried. RECEIVING THE MINUTES OF TAE BUILDING STANDARDS - DESIGN CONTROL SUBCOMMITTEE MEETING OF MAY 28, 1969: 1 CONSIDERATION OF A REQUEST TO CONSTRUCT A NEW STORE FRONT AND STORAGE � AREA ONTO EXISTING BUILDING LOCATED ON PARCEL 257D, NORTH '� OF SECTION 12, THE SAME BEING 7699 VIRON ROAD, FRIDLEY, MINNESOTA, �REQUEST SY SHERMAN HAN50N, 841 KENNASTON DRIVE N.E., FRIDLEY, MINNESOTA) The City Engineer said that the request had been approved by the Building Standards - Design Control Subcommittee with some stipulations. He questioned whether the Council would wish to acquire some land behind the Frostop for future loop backs, as the traffic is increasing in this area. Councilman Sheridan pointed out that the north two quadrants are not under the ]urisdiction of the City of Fridley and there would be no real purpose in acquiring land for loop backs unless Spring Lake Park were to do so also. The City Engineer said that the traffic coming from the south on the T.H #65 East Service Road cannot get onto Osborne Road going west. The right approach would be to have an overall plan. Councilman Sheridan felt that this should not be part of his current request, and if the City wants more land for a loop back, they should have to pay for it. This would be a benefit to the communrty, and may or may not be a hinderance to the business. Mr. Sherman Hanson said that he had wanted to close off the access to the south. He asked what the purpose was in requiring sidewalks. The City Engineer ex- plained that this is being done with all the busznesses along Osborne Road, so that in the future there will be a completed sidewalk to the school. Council- man Harris said that the Council has been getting agreements £rom the busi- nesses that they will put in sidewalks when the City feels that they are � necessary. Mr. Hanson said that he would sign an agreement to put them in sometime in the future. MOTION by Councilman Harris to grant the permit with the stipulations of the Building Board, except for the sidewalk. The applicant is to submit a signed agreement that he will put in the sidewalk when the City deems it necessary. � 1��_ REGULAR COUD7CIL ME�TING OF JUNE 2, 1969 PAGE 12 Seconded by Councilman Sheridan. IIpon a voice vote, there being no nays, Mayor Kirkham declared the motion carried. Mr. Hanson asked about his plan to close off one exit. The City Engineer asked hun to come into his office to discuss his plan. ' 2. CONSIDERATION OF A REQUEST TO CONSTRUCT AN ADDITIDN TO THE EXISTING ROGER LARSON COMM�RCIAL CENTER LOCATL.D ON LOTS 7& 8, BLOCK 2� COMMERCE PARK, TH� SAME BEING 7500 UNIVERSITY AVENUE N.E., FRIDLEY, MINNESOTA. (REQUEST BY ROGER LARSON & ASSOCIAT�S, 1052 OSBORNE ROAD, FRIDLEY, MINNESOTA) The Czty Engineer said that he wished to point out that there are presently only 34 parking spaces and they should actually have 55. The addition onto the building would not leave room for more parking spaces and would compound the problem. In one portion of the building there are 45 employees, in another, there are 16, and in the third, there are 6 employees. This would total 67, and they are presently parking in the street as there is not adequate parking. It is a requirement of the Code that they provide adequate off street parking. There is not room to expand, unless the vaoant land to the south were to be developed into parking spaces. Councilman Liebl asked if the Building Standards - Design Control Subcommittee approved this. The City �,ngineer pointed out that the Board only acts on the aesthetics. Mr. Larson said that the electronics firm which has the 45 employees only has a one year lease and after the year, they will probably be expanding and moving out. The City Engineer suggested that the Council approve the request, sub7ect to their obtaining enough parking area to meet the City Code, then they will not have to come back before the Council. MOTION Uy Councilman Liebl to grant the permit subject to the conditions on the aesthetics inposed by the Building Standards - Design Control, and sub�ect to their obtaining enough land to meet the Code for off street parking. Seconded by Councilman Sheridan. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried. RECEIVING THE MINUTES OF THE PARKS AND RECREATION COMMISSION MEETING OF MAY 26. 1969: MOTION by Councilman Harris to receive the Minutes of the Parks and Recreation Commission rleeting of May 26, 1969. Seconded by Councilman Sheridan. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried. CONSIDERATION OF SHELL OIL COMPANY PROPOSAL FOR COST REIMBURSEMENT ON 61ST AVENUE ADID UNSVERSITY AVENUE AND RECEIVING LETTER FROM CHURCH OF 5T. WILLIAMS Councilman Liebl suggested tabling this item until the Meeting of June 9, 1969 as the recommendations of St. 47illiams have not been received yet. MOTION by Councilman Sheridan to receive the letter from the Shell Oil Company dated May 16, 1969 and the letter from the Church of St. William dated May 15, 1969. Seconded by Councilman Harris. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried. , � � ._ REGULAR COUNCIL MEETING OF JUNE 2, 1969 PAGE 13 � CONSIDERATION OF SETTING INFORMF�L HEARING FOR MAKING TAE DIKE IN RIVERVIEW HEIGHTS SEMI-PERMANENT: The Crty Engineer said that his department has made studies and have met with the Corps of Engineers many times. The proposal is to have an informal h�aring with the people in the area. He said that it is hoped to get some funds under the O.E.P. disaster monies for work on the temporary dike. The hearing would be to discuss what possibilities are open. The Council may want to assess some of the cost of the work, as it is a benefit to them. Councilman Liebl said that he had gone up to look, and 79th Way will need more work done than 7ust black dixt and sod. The City Engineer explained that the dike is quite high and they are proposing to cut it down and make the slope more gradual. In this way people could sit in their living rooms and still look over the dike at the river in most qf the areas. Councilman Liebl said that he had received calls of inquiry and the people asked him if they would be reimbursed for the use of their land for making the dike. They also wanted to know if it would be improved so it will look nicer. CouncLlman Harris said that they wi11 not 6e reimbursed, more likely they wi11 be assessed. Councilman Liebl asked if there was any access blocked off The City Engineer said that there were a few on Riverview Terrace. Mayor Kirkham said that a.n his opinion, the City could not reunburse the property owners for � the use of their land for savinq their homes. Councilman Shexidan agreed, and commented that if the water had come up to the estimated level, people would not be asking questions like this. The Public Hearing was set for June 9, 1969. RECEIVING INFORMATION FROM ADMINISTRATION ON REC CHARGES: Councilman Harris said that he had asked that this item be placed on the Agenda. The City of Fridley is involved in a law suit which will be heard June 4, 1969 At the last Meeting the Council asked the City Attorney and the Finance Director to develop some information on what policy to follow concerning REC charges and what 5hould be done with the money now held in escrow. The City Attorney said that he had talked to the Fa.nance Director and has been told that there is $136,000 in escrow and that the City has been billed for $217,000 by N.S.S.S.D. Most of that was billing the City rece�ved before the law suit. The District Court found that the City did not owe N.S.S.S.D anything. Within the last week tha.s decision has been appealed to the Minnesota Supreme Court. As a practical matter, it will be a year to 1S months before the Supreme Court hands down a ruling, ass�uning that N.S.S.S.D. goes ahead with their appeal. The law suit to be heard June 4th is a civil 1aw suit wherein a group of people are charging discrimination against them. The ob�ection that is being raised is that the Council adopted a policy whereby after a certain date, all persons would be required to pay a charge for hook-up to the sanitary sewer. The City ' Attorney pointed out that with the passage of the new bill by the Metropolrtan Council, it will abolish the N.S.S.S.D. before January 1, 1971. With the passage of the bill, the City might find that they will need the money in the future, especially if the Supreme Court reverses the District ruling The passage of tha.s bill brings about a policy question for the Council on how to finance charges made by the Metropolitan Sewer Board. There is also the _� �' REGULAR COUNCIL MEETING OF SUNE 2, 1969 PAGE 14 problem of, if the money is to be refunded for the connection charges, and the person who owns the house now is different than the person who made paymettt, who is to receive the money. He suggested that Uoth names appear on the check. Councilman Liebl asked if nothing was collected before 1967. The City Attorney said not in tha.s category. Councilman Harris questioned whether the City wi11 be able to pay off the charges by the Metropolitan Sewer Board. The same people cannot be made to pay twice. He suggested that an assessment roll may have to be run. Councilman Sheridan said that he did not feel that this money held in escrow could be released until the Supreme Court hands down their decision. He also pointed out that if a person has been paying use charges for 15 years or so, he would have some equity built up, and it may work out equally The Finance Director advised going slow, and not refunding any money until the Supreme Court decision is received. He pointed out that there will be a need to raise money anyway, whether to pay N.S.S.S.D. or the Metropolitan Sewer Board. Councilman Harris saa.d that it would seem that an assessment roll would have to be run as some people would have paid the connection charge plus the regular use charges. The City Attorney agreed that the problem within the City of Fridley is much more complicated than wzthin other communities where everyone has been requa.red to pay a oharge. The City Attorney said that he would like direction on whether or not to go ahead with the civil case to be heard the 4th. He advised going ahead with it as a test case. It was agreed by the Council to proceed with the lawsuit, and view it as a test case. Councilman Harris pointed out that the Council had been provided with a summary of the bill (Minnestoa Laws 1969, Chapter 449 - Senate File #237). MOTION by Councilman Liebl to receive the summary of the bill establishing the Metropolitan Sewer Boaxd. The motion was seconded and upon a voice vote, there being no nays, Mayor Kirkham declared the motion carried. FOR SIGN PERMIT BY GORDON G. SWENSON (990 Osborne Road) Councilman Harris asked where this sign will be going. The City Engineer replied that it wi11 be placed on the Dairy Store and that it meets all the requirements. MOTION by Councilman Harris to approve the sign permit request by Gordon Swenson. Seconded by Councilman Liebl. Upon a voice vote, there being no nays, Mayor Kirkham declared the motion carried. REQUEST FOR SIGN PERMIT BY DR. DUDLEY PET CLINIC IN COMMERCE PARK (7420 Universa.ty Avenue) The City Engineer said that the sign meets a11 the requirements, so it could be approved. MOTION by Councilman Harris to approve the sign permit request by Dr. Dudley for the Pet Clinic in Commerce Park. Seoonded bp Councilman Liebl. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried. ' � , ( i_ � I REGULAR COUNCIL MEETING OF JUNE 2, 1969 � REQUEST FOR SIGN PERMIT IN SKYWOOD MALL: (5267 Central Avenue N.E.) PAGE 15 The Crty Engineer said that the sign meets the requirements, but there is some cleanzng up of the property needed. He said that the parking lot needs cleaning up and the weeds mowed. MOTION by Councilman Sheridan to approve the sign permit for a Sound of Music sign for Skywood Mall on the condition that the ownez clean up the parYing lot and mow the grass and weeds. Seconded by Councilman Liebl. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried. CONSIDERATION OF APPROVING THE PUBLISHING OF "FACTS FROM FRIDLEY" BOOKS�ET: Mayor Kirkham said that this was a very will written booklet and should be published and would then be available upon request. MOTION by Councilman Liebl to approve publication of the"Facts from Fridley" booklet. Seconded by Councilman Sheridan. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried. RESOLUTION #86-1969 - RESOLUTION ORDERING PRELIMINARY PLANS, SPECIFICATIONS, AND ESTIMATES OF THE COSTS THEREOF STREET IMPROVEMENT PROJECT ST. 1970-1: � MOTION by Councilman Liebl to adopt Resolution #86-1969 Seconded by Council- man Sheridan. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried. RESOLUTION #87-1969 - RESOLUTION AUTHORIZING THE INCLUSION OF ELECTED OR APPOINTED OFFICIALS UNDER THE PROVISIONS OF THE WORKMAN'S COMPENSATION LAW: MOTION by Councilman Sheridan to adopt Resolution �'87-1969. Seconded by Councilman Liebl. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried. (COUNCILM7IN HARRIS LEFT THE COUNCIL MEETING AT 10:45 P.M.) APPOINTMENT: BUILDING STANDARDS - DESIGN CONTROL SUBCOMMITTEE VACANCY: MOTION by Councilman Sheridan to table this appointment until the next Regular Council Meeting when a full Council wa.11 be present. Seconded by Counczlman Liebl. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried. PETITION #15-1969 - TO VACATE STREET IN RIVERVIEW TERRACE BETWEEN THE STREETS OF JANESVILLE AND KIMBALL: MOTION by Councilman Liebl to receive Petition #15-1969. Seconded by Councilman Sheridan. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion ' carried. PETITION #16-1969 - BITUMINOUS SURFACING AND CONCRETE CURB AND GUTTER - 79TH AVENUE N.E. FROM MAIN STREET TO UNIVERSITY AVENUE, EAST RANCH ESTAT�S SECOND ADDITION: �yl F�1 REGULAR COUNCIL MEETING OF NNE 2, 1969 PAGE 16 MOTION by Councilman Liebl to receive Petition #16-1969. Seconded by Council- � man Sheridan. Upon a voice vote, there being no nays, Mayor Kirkham declared the motion carried. PETITSON #17-1969 - PETITION FOR STR.ET IMPROVENIENT IN - - BRENTWOOD ESTATES SUBDIVISION AND SOBDIVISION OF LOT 34, REVISED AUDITOR'S SUBDIVISION OWNED BY BENEDICT NOVAK INTO TFIREE LOTS� MOTION by Councilman Liebl to receive Petition #17-1969. Seconded by Council- man Sheridan. Upon a vmce vote, all voting aye, Mayor Kirkham declared the motion carried. PETITI017 #18-1969 - PETITION OBSECTING TO WEST MOORE LAKE BEACH AS SITE FOR A YMCA IN FRIDLEY: MOTION by Councilman Sheridan to receive Petition #18-1969. Seconded by Councilman Liebl. Mrs. C.H. Jochum, 841 West Moore Lake Drive, said that it was not really a petition, and that if a petition were circulated, she was sure that she could get more signers. She asked when the Public Hearing would be. Mayor Kirkham said that it would be as soon as the YMCA has something of a concrete nature to present. Mrs. Sochum asked what the letter of intent meant. Mayor Kirkham answered that it only means that the Council is willing to listen to their presentation. � (COUNCILMAN HARRIS REJOINED TFIE COONCIL MEETING AT 11:D0 P.M.) A member of the audience asked if there was not another piece of property available. Mayor Kirkham said that this was the YMCA's choice and if it is not satisfactory, another site will have to be found. A member of the audience said that this is a choice piece of property owned by the City and questioned if five people could give it away. Mayor Kirkham said that four Council Members have this right. The people from the area agreed that they believed in the "Y", but they dzd not like this site. The Crty Attorney said that the "Y" had been lookinq Por lands that could be donated, so it would either have to be public lands or a group of private individuals who would group together to donate land. Councilman Harris said that part of their proposal is to fix up the beach. Thus far it is only a proposal and nothing concrete has been done. He pointed out that other communities would like to get this facility into their Cities, and the "Y" viewed the lake as one of the facilities that they would like to develop. Mrs. Jochum said that it was bound to create more traffic problems in the residential areas, and the traffzc is already bad in this area. Mayor Kirkham told her that these are points that should be brought up at the Public Hearing, and weighed against the advantages of the facilities the City would receive. Mrs. Jochum said that their children use this land for recreational purposes now, and they can use it free. Mr. Carl Paulson came forward to the Council table and presented a copy of � material concerning the YMCA and asked that the Council Members al1 receive a copy. A member of the audience said �hat this would seem like a duplication of facilrties, as there are already many of these facilities provided by the High School acress the street. Councilman Harris pointed out that this REGULAR COUNCIL MEETING OF JUNE 2, 1969 PAGE 17 � is 7ust for District #14, but the "Y" would serve all the north metropolitan areas. Mayor Kirkham said that everything that is said now is 7ust speculation, and that everyone will be notified of the Public Hearing, and that would be the time to present their points of conflict. � � THE VOTE upon the motion to receive Petition #18-1969, being a voice vote, all voting aye, Mayor Ktrkham declared the motion carried PETITIODS #19-1969 - PETITIOLS REQUESTING CLEAN iSP OF PROPERTY ON CENTRAL AVENUE BETWEEN 63RD AVENUE N.E. AND PROPERTY OWNED BY REPIIBLIC MOVING AND STORAGE: MOTION by Councilman Liebl to receive Petition #19-1969. Seconded by Council- man Sheridan. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried. CLAIMS= MOTION by Councilman Sheridan to approve payment of General Claims �18135 through #18258 and Liquor Claims #3381 through #3398. Seconded by Councilman Liebl. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried. ESTIMATES Robert L. Miller Construction 1390 lOth Avenue Newport, Minnesota Estimate #1 (PARTIAL) for work completed this date for construction of Water Improvement Project #92 according to contract. $17,615.48 MOTION by Councilman Harris to approve payment of the estimate. Seconded by Councilman Liebl. []pon a voice vote, all voting aye, Mayor Kirkham declared the motion carried. LICL�NSES: ON SALE - TAVERN - PUSLIC DRINKING PLACE Chinese Village Inc. 6319 Highway #65 Fridley, Minnesota 55421 BY Harlow Johnson Lois Johnson �L � APPROVED BY NOT APPROVED See letter from �gil E. Twedt dated April 1, 1969 in Agenda of June 2, 1969, Page 78. Also Memo dated May 15, 1969 from Police Chief & Police Investigator in Agenda of June 2, 1969, Pages 79 & 80. The City Attorney said that in his opinion, a poor driving record should not be grounds for disapproving a beer license, although it would be for something such as a taxi license. The same would hold true with their record of not paying their bills. There is a cr.zminal and civil action against them, but this would still not have anything to do with whether or not to grant the requested license. ��i REGULAR COUNCIL MEETING OF .TUNE 2, 1969 PAGE 18 Councilman Sheridan said that he felt that the license should be disapproved not on these grounds but because Chinese Village has one portion having a lunch counter with stools, and a back dining xoom. The question arises on how to keep it segregated. MOTION by Councilman Sheridan to DENY the request for On Sale, Tavern and Public Drinking Place Licenses for the Chinese Village Inc., 6319 Highway #65, Fridley. Seconded by Councilman Lieb1. Upon a voice vote, all voting aye, i�layor Kirkham declared the motion carried. SOLICITORS The Way 1913 Plymouth Avenue N. Minneapolis, Minnesota Mt. Vernon Church 4th & Newton Avenue North Minneapolis, Minnesota Boys of the City 48-27th Avenue S E. Minneapolis, Minnesota m APPROVED BY Bruce Davis See pertinent background in Agenda of Sune 2, 1969, Pages 81 through 90. Mrs. Amie Ford Robert M. Cook m m The Finance Director said that there is a question on these licenses, whether each peddler should pay the $10 license fee or whether it should be $10 per business. Councilman Sheridan said in his opinion rt should be each peddler. The City Attorney asked what is being done with the Boy Scouts, Girl Scouts, Little League etc. Are we charging these orqanizations7 If not, how does one differentiate� Councilman Sheridan said that the Boy Scouts, Girl Scouts and the Lrttle League are our own local children and are residents of the City, and are charged no fee, but when an outsider comes into the Czty to solicit, the City should know who they are. The City Attorney suggested that perhaps the Ordinance should be changed to indicate that memUers of national organi- zations that are residents of Fridley are exempted from the fee. This would differentiate between our own local children and outsiders coming into the City to solicit MOTSON by Councilman Sheridan to approve the Solicitors License requested, with each peddler to pay the required fee. Seconded by Councilman Liebl. Upon a voice vote, a11 voting aye, Mayo't Kirkham declared the motion carried. MOTION by Councilman Sheridan to approve the following licenses• OFF SALE Rapid Shop Corp. 6530 East River Road Fridley D4innesota Quick Shop 6319 Highway #65 Fridley, Minnesota � Irving Goldberg Richard F. Houle APPROVED BY Chief of Police Chie£ of Police � � � REGULAR COUNCIL M$ESING OF JUNE 2, 1969 � (Licenses continued) GROCERY Dick's Kwik Shop 6319 Highway #65 Fridley, Minnesota VENDISdG Griswold Coffee Co. Railroad Accessories Corp. 4650 Main Street N.E. Fridley, Minnesota Summit Geax' 5960 Main Street N.E. Fridley, Minnesota CIGARETTE Don's Gulf 5300 Central Avenue Fridley, Minnesota � Dick's Kwik Shop 6319 Highway #65 Fridley, Minnesota EXCAVATING B & M Plumbing RENEWAL 541 Lafayette Street Fridley, Minnesota GENERAL CONTRACTOR House Clinic Store, RENEWAL Incorporated 3918 West 49'� Street Minneapolis, Minnesota Sheldon Moz'tenson NEW 5267 Centxal Ave. N.E. Fridley, Minnesota Strand Construction RENEWAL 9001 Bloomington Freeway Bloomington, Minnesota ,Gexald Glenn Corp. F2ENEWAL __ 1202 Hathaway Lane Fridley, Minnesota BY Richard Houle R.T. Steiner R.T. Steiner Donald Michaels Richard Houle Lloyd Moen Rolf Kirkengaard Sheldon Mortenson S. Rowland A.C. GneYre PBGE 19 APPROVED BY Health Inspector Health Inspector Health Inspectos Chief of Police Chief of Police Plumbing Inspectar Suilding Inspector Building Inspector Building Inspector Building Inspector f�� /� I C� ir REGULAR COUNCIL PAEETTNG OF JUNE 2, 1969 (Licenses continued) HEATING Ka1's Plbg. & Htg. NEW 7101 West Palmer Lake Dr. Minneapolis, Minnesota $V Edward Kalezewski PAGE 20 APPROVED BY Heating Inspector THE MOTION to approve the foregoing licenses was seconded by Councilman Liebl. Opon a voice vote, all voting aye, Mayor Kirkham declared the motion carried. COMMUNICATIONS- A. MRS. DORIS E. KNUTSON: REQUESTING TRAFFIC CONTROL SIGNAL AT ENTRANCE TO .ROBERT LOUIS SSEUENSON SCHOOL MOTION by Councilman Liebl to receive the communication from Mrs. Doris E. Knutson dated May 15, 1969. Seconded by Councilman Harris. Upon a voice vote, a11 voting aye, Mayor Kirkham declared the motion carried. The City Engineer showed the plan which was approved by the Council about a year ago which utilizes an extension of Riverview Terrace south and a road along the railroad tracks as bus routes for the control of traffic. Thus far, there has been no action taken by the County on putting in a signal. Council- man 5heridan asked what if the County should pass a resolution allowing no curb cuts on East River Road. Councilman Harris said he did not think that they could do this. Councilman She�idan pointed out that Ritrerwobd-School put their curb cuts where they wanted them. The City Engineer said that the County could not deny access. The City Attorney agreed that they could not deny access, but they could control the location of the cuts. The City Engineer pointed out that there would be some right of way needed for the extension of Riverview Terrace, Mr. Richard Harris asked if he was talking about a walk-way or a road. The City Engineer answered a road. Mr. Harris indicated that this was some valuable land the City is talking about acquiring. Councilman Lieb1 sazd that the Council is aware of the cost. Mr. Harris wondered �ust how far this plan has gone. Mayor Kirkham informed him that the concept was approved about a year ago There will still have fo be all the 1ega1 proceedings to go through for the acquisition of the land. B. U.S. SENATOR MONDALE: REGARDING REPORS FROM CIVIL DEFENSE OFFICE AND DEPT. OF THE ARMY, OFFICE OF CSVIL DEFENSE: LETTER TO SENATOR MDNDALE MOTION by Councilman Harris to receive the communication from Senator Mondale dated May 15, 1969, and the communication from the ➢epartment of the Army to the Honorable Walter F. Mondale received by their office May 7, 1969. Seconded by Councilman Li�bl. Upon a voice vote, a11 voting aye, Mayor Kirkham declared the motion carried. C. CORPS OF ENGINEERS. CERTSFICATE IN APPRECIATION OF COOPERATION Mayor K�rkham read the Certificate of Appreciation the Czty received from the U.S. Corps of Army Engineers for Fridley's cooperation in "Operation Foresight". � � , _ ��� �� REGULAR COUNCIL MEETING OF JUNE 2, 1969 PAGE 21 � MOTTON by Councilman Liebl to receive �he communication from the St. Paul District, Corps of Engineers dated May 5, 1969 and the Certificate of Appre- ciation. Seconded by Councilman Sheridan. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried. D. BARNA & GUZY: VACATION OF UTILSTY EASEMENT (Lots 7& 8, Block 1, City View) MOTION by Councilman Harra.s to receive the communication from the Law Offices of Barna & Guzy dated May 27, 1969. Seconded by Councilman Liebl. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried. E. STANLEY DAHLBERG= REQUEST APPROVAL OF LOT SPLIT (LS #69-14) MOTION by Councilman Harris to receive the communication from Stanley Dahlberg dated May 24, 1969. Seconded by Councilman Lieb1. Upon a voice voLe, a11 voting aye, Mayor Kirkham declared the motion carried. F. MR. JOHN HURAJT, 1101 LYNDE DRIVE: REQUEST EOR APPROVAL OP A TEMPORARY SIGN FOR WELCOME HOME FOR HTS SOS3 RETURNIS]G FROM VIETNAM Mayor Kirkham explained that Mr. Hura�t would like permission to use a portable sign in his driveway for about two days sometime between June 17 and .7une 25th for a"Welcome Home" for his son returning from Vietnam. He has contacted � Naegele Outdoor Advertising Company and they have donated the unit for two days. MOTSON by Councilman Harris to receive the communication from Mr. John Hura�t, 1101 Lynde Drive dated May 26, 1969 and grant the requested permission. Seconded by Councilman Sheridan. Upon a voace vote, all voting aye, Mayor Kirkham declared the motion carried. FENCE COMPLAINT: ON PROPERTY OWNED BY CARL ZUK� 281 RICE CREEK TERRACE A complaint was received from the owner of the land to the west along the service drive of University Avenue that the fence Mr. Zuk erected shuts off his land from the rest of the surroundinqs. The fence is 7' high and runs around Mr. Zuk's property and is 10' back from the curb. The property is on a slight curve and it was questioned whether there was a violation and iP the fenoe would block the vision when driving. The City Attorney was asked to check this out to see if the fence violates the Code. ADJOURNMENT: MOTION by Councilman Liebl to ad)ouxn the Meeting. The motion was seconded by Councilman Harris. Upon a voa.ce vote, all voting aye, Mayor Kirkham declared the Regular Council Meeting of June 2, 1969 adjourned at 11:34 P.M Respectfully submitted, ' � �� �/ �! �%�l ` / // �, / L.-��%'��C%l�/ i'/ � `% M t�i'f� I �i� /��� /G-Gi�,�;.T-,� �uel Mercer �ack O, Kirkham � Secretary to the City Council Mayor