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08/11/1969 - 00019307-1 ,; �� � � � THE MINUTES OF THE PUSLIC HEARING AND WORKSHOP COUNCIL MEETING OF AUGUST 11, 1969 Mayor Kirkham called the Public Hearing and Workshop Meeting of the Fridley City Council to order at 7:37 P.M. PLEDGE OF ALLEGIANCE: Mayor Kirkham asked the audience to join the Council in saying the Pledge of Allegiance to the Flag. ROLL CALL: MEMSERS PRESENT: MEMBERS ABSENT ADOPTION OF AGENDA: Harris, Kirkham, Liebl, Samuelson arrived at 7:55 P.M. Sheridan The Council added the following items to the Agenda: 10A. Licenses for Mr. Steak Restaurant 17A. Ordinance authorizing the establishment of Absentee Ballot Precincts 17B. Receiving the Minutes of the Liquor Study Group Meeting of AugusL- 7, 1969. 18E Communication from Eldon E. 5chmedeke withdrawing from 3rd Ward Council race. MOTION by Councilman Harris to adopt the agenda as amended. Seconded by Council- man Liebl. Upon a voice vote, there being no nays, Mayor Kirkham declared the motion carried. CONSIDERATION OF A REQUEST (ZOA #69-08A) TO REZONE FROM R-1 TO R-3A, GENERALLY LOCATED SOUTH OP 69TH AVENUE AND 1,000 FEET WEST OF THE CITY LIMITS. (REQUESTED BY KAYE W. WESTERLUND): Mayor Kirkham read the Notice of Hearinq. The City Engineer pointed the location out on the map, showing the proximity to Rice Creek and explained that the Planninq Commission had recommended approval of the rezoning request sub7ect to getting 60 feet on the south side of the parcel which would follow the line that could be used for daming up Rice Creek. Mr. Floyd Vosland, the neighboring property owner, asked if there were any plans for the use of the land. The petitioner, Mr. Kaye Wester3und, stated there will be two buildings with 45 units and one building with 18 units, 53 stall garages, outdoor pool and sundeck. The City Engineer showed the plans fox the apartment houses. There will be sunken living rooms, 76D feet in the one bedroom apartments and 1,100 square feet in the two bedroom apartments. Mr. Westerlund said that the Creek will be used to the best advantage and there will be a 100 foot front setback to allow the neighboring homes their present view. (COUNCILMAN SAMUELSON ARRIVED AT 7:55 P.M ) � Councilman Lieb1 asked how much acreage this parcel consisted of. Mr. Westerlund said that it was �ust shy of 7 acres. � *;� PUBLIC HEARING AND WORKSHOP COUNCIL MEETING OF AUGUST 1i, 1969 PAGPI 2 The neighbor, Mr, Vosland, said that he built and managed apartments and that he was in favor of apartments on this site and that they should increase the value of his property if they were beautiful apartments and not too boat like. No one else wished to speak on this requested rezoning. ' MOTION by Councilman Harris to close the Public Hearing. Seconded by Council- man Liebl. Upon a voice vote, there being no nays, Mayor Kirkham declared the Public Hearing closed at 8:00 P.M. CONSIDERATION OF A RE20NING REQUEST (ZOA #69-07) OF AREA BOUNDED ON THE NDRTH BY 60TH AVEN[lE� ON THE SOUTH BY 57TH AVENUE LYING BETWEEN MAIN STREET AND UNIVERSITY AVENUE: It was pointe3 out that the Public Hearinq Notice should read "bounded on the north by 60th Avenue" rather than 61st Avenue. Mayor Kirkham read the Notice of Hearing, and said that this public hearing concerns the area generally referred to as the Hyde Park area. Mayor Kirkham asked how many people were present regarding this Public Hearing. Many hands were raised (approximately 20). Mayor Kirkham asked if there was anyone present opposed to this rezoning. No one raised their hand. A gentleman in the audience asked that the different zoning categories be explained as he was not too sure of their meaning. The City Engineer showed the areas that were to be C-2 and explained that this was a General Business area which would a11ow a number of different types of commercial or retail businesses and pointed out the R-3A area which would be apartment buildings. The gentleman asked if there would be a limit on the size of the apartment � buildings. The Crty Engineer said that the R-3A zoning requires 2,500 square feet for one apartment unit, so the size would depend on how much land was available. He said R-2 zoning allows double bungalows. blayor Kirkham explained that if this rezoning was adopted, it will not mean that anything is going to be wiped out but will �ust enable the people to make these changes. A gentleman asked what this change would tlo to the taxes. The Assessor said that tha.s will not necessarily increase taxes as many things figure into the value of building. Sometimes the building wi11 increase and the land decrease, or vice versa, and it would be hard to say what a couple of years from now would bring. A woman living at 5942-2'� Street asked about the value of her property. The Assessor said that he would have to see the home. If it is a nice modern home, the change could be a little detrimental and if it is a small home, this may increase the land value. He told her if she would call in, he would look at her property the next day. Mayor Kirkham said he hoped the people would not get the idea their taxes won't go up as he thinks the taxes will go up a11 over the country, that it would not necessarily be the rezoning that would cause taxes to go up. MOTION by Councilman Liebl to close the Public Hearing. Seconded by Council- man Harris. Upon a voice vote, there being no nays, Mayor Kirkham declared the Public Hearing closed at 8:12 P.M. � il �, �, �_ .. , PUBLIC HEARING AND WORKSHOP COUNCIL MEETING OF AUGUST 11, 1969 PAGC 3 CONSIDERATION OF STREET IMPROVEMENT PROJECT ST. 1970-4 � Mayor Ka.rkham read the Notice of Hearing. The City Engineer said that this is an extension of the rezoning study that was presented to the people previously. He pointed out that to make the area feasible, the traffic flow should have a slip off from T.H. #47 south into the area and eventually 3rd Street connected into 57th Avenue. He said that tfie area at the top of the loop would be one-way traffic which will go south along T.H. #47. He said that this pro7ect will include the slip off, service road and loop, 3rd Street and 2'� Street improvement and the cross streets between 3rd Street and 2'� Street. Mr. Eldon Schmedeke asked that 3rd Street from 60th Avenue to 58th Avenue and 2'� Street from 58th Avenue to 60th Avenue and the 59th Avenue cross streets be held in abeyance until 1975, which is the time that the people were notified it would be done originally according to the 10 year Street Plan. Mayor Kirkham asked if he was suggesting that only the new construction be done and he replied yes. Mr. L. Muggli said that he owned Lots 27 and 28, Block 12 and that the loop road will take his extra lot and it seems, part of the building. He said rt seemed to him his land will be cut up and he wi11 be assessed for the damage. Mr. Muggli said that he was told earlier that he could not sell. The Finance Director said that the estimate per front foot was $10 95 and it would be an even assessment along each parcel. Mayor Kirkham said that the land would not just be taken, there would be some compensation. The City Attorney � explained that there would have to be negotiations agreeable to both parties or else three appraisers would value the land beEore and after the change and if he still didn't agree with the price, he would be entitled to a hearing before the District .7udge. Mr, Muggli said he thought the damage could be qui� great and that it doesn't look good to him. Mayor Kirkham said that this area has been studied a long t.tme trying to find the best solution for the most people. He said he would be compensated and if he feels it is not 7ust, there is recourse. Mr. Muggli said he agreed with Mr. Schmedeke that the streets should be held in abeyance Mr. Don Waiting, 247-57th Place, said that he felt the streets would be good for commercial developments, but the property owners have to pay for them and then the commercial comes in. He asked who wants this pro�ect. Mayor �Lirkham said that it has been requested by the people involved. He saa.d that it may not be 1000 of the people, but it had been petitioned and the Council had looked at a greater area for the overall picture. Mr. Waiting felt the little guy will be penalized. Mayor Kirkham said that this would make the selling price higher because rt will be a better value. Mr. Knapp, who said he lived on the corner of 60th Avenue, said he was not against the rezoning, but was worried about the road going in because he felt it would devalue his property. Councilman Lieb1 said that he would have to be given access to his garage. Mr. Knapp ob7ected to looking at the service road all the time. � Mrs. Oberg, 5945-2n Street, said she could not see the point in the improvement as the wmmercial coming in might not like the improvement and she felt they should let the businesses pay when they do come in. �; �F� � ,t PUBLIC HEARING AND WORKSHOP COUNCIL MEETING OF AUGUST 11� 1969 PAGE 4 She said she did not know one person who asked for the streets and she did not want to pay for them unless the people on her street wanted them. Mayor Kirkham said she wouldn't pay for 2� Street if the suggestion by Plir. Schmedeke was followed. Mrs. Oberg asked the cost on the slip off and service road. The City Engineer said the whole pro7ect was estimated at $96,910, and the slip off and service road would be $44,660 which would be assessed over the whole area up to the east side of 2� Street at $10.95 per front foot. The Finance Director said that a 40 foot lot would pay $438, an 80 foot lot would pay $876 and 120 foot lot would pay $1,314. MOTION by Councilman Samuelson to close the Public Hearing. Seconded by Councilman Liebl. Upon a voice vote, there being no nays, Mayor Kirkham declared the Public Hearing closed at 8:47 P.M. (THE NEXT PUBLIC I3EARING ON THE AGENDA WAS SCHEDULED EOR 9 00 AND IN THE MEANTIME SEVERAL ITEMS OF NEW BUSINESS WERE TAKEN UP) LICENSES MR. STEAK RESTAURANT: The City Engineer said that the licensee has met the health requirements and has an opening day set. He said that there are no serious problems and recommended the licenses be granted sub�ect to the petitioner getting a partial Certificate of Occupancy. MOTION by Councilman Liebl to grant the follaving licenses sub7ect to the petitioner getting a partial Certificate of Occupancy. FOOD ESTABLISAMENT Mr. Steak 5895 University Ave. Fridley, Minn. CIGARETTE Mr. Steak 5895 University Ave. Fridley, Minn. � Thomas H. Powers Thomas H. Powers RECOMMENDED FOR APPROVAL BY: Health Inspector Chief of Police The motion was seconded by Councilman Samuelson. Upon a voice vote, there being no nays, Mayor Kirkham decla�ed the motion carried unanimously. APPOINTP4ENT ACCOUNTING CLERK MOTION by Councilman Harris to approve the following appointment: NAME POSITION SALARY REPLACES Virginia L. Rennix Accounting Clerk $348.00 Betty S. Coyle 643-47� Avenue N.E. (Liquor Inventory) Columbia l-Ieights, Minn. The motion was seconded by Councilman Samuelson. Upon a voice vote, there being no nays, P4ayor Kirkham declared the motion carried. ' � , -i r - i PUBLIC HEARING AND WORKSHOP COUNCIL MEETING OF AUGUST 11, 1969 PA�T1 5 FILINGS EOR PRLMARY ELECTION: � The Finance Director stated that this memo was to give the Council informa- tion about the people who have filed for the Office of Councilman in the First and Third Ward. He said that there will have to be a Primary �lection in the First Ward and October 3, 1969 would be the last date possible for holding rt, but that is a Friday. Councilman Samuelson said that September 30th would be the last legal Tuesday available. MOTION by Councilman Harris to set the date of September 30, 1969 as the date of the Primary Election in the City of Fridley. Seconded by Councilman Samuelson. Upon a voice vote, there being no nays, Mayor Kirkham declared the motion carned. REQUEST BY PARK CONSTRUCTION COMPANY FOR RELEASE OF AWAR7 OF CONTRACT FOR ST. 1969-3, SCHEDULE A: The City Attorney said that the difference in the bids of the companies bidding on Schedule A, ST. 1969-3 were quite small and it would be a convenience to the City to have one contractor doing both Schedule A and Schedule B The City Engineer said that this would be Dunkley Surfacing Company, because they had gotten the bid on Schedule B. MOTION by Councilman Harris to receive the letter from Park Construction and award the bid for Street Improvement Pro�ect ST. 1969-3, Schedule A, � to ➢unkley Surfacing Company, 3756 Grand 5treet N.�., in the amount of $30,972. Seconded by Councilman Samuelson. Upon a voice vote, there being no nays, Mayor Kirkham declated the motion carried, RESOLUTION NO. 142-1969 TO ADVERTISE FOR BIDS FOR TREE BEAUTIFICATION PROGRAM: MOTION by Councilman Liebl to adopt Resolution No. 142-1969. Seconded by Councilman Samuelson. Upon a voice vote, there being no nays, Mayor Kirkham declared the motion carried. RESOLUTION NO. 143-1969 TRANSFERRING CERTAIN COSTS AN➢ �XP�NSES FROM THE 1968 STREET CONSTRUCTION TO STORM SEWER PROJECT #89; MOTION by Councilman Harris to adopt Resolution No. 143-1969. Seconded by Councilman Liebl. Upon a voice �te, there being no nays, Mayor Kirkham declared the motion carried. CONSIDERATION OF TAE CITY OF FRIDLEY BUDGET FOR TH� YEAR 1970: The Council directed that this item is to be put back on the agenda at the next regular Council Meeting, August 18, 1969. CONSIDERATION OF STREET IMPROVEMENT PROJECT 1970-1� ADD�NDUM #1: � Mayor Kirkham read the Notice of Hearing and asked how many people were present in the audience for this Public Hearing. Six people raised their hands. _� � u y� � '[ � .G� PIIBLIC HEARING AIDD WORKSfIOP COUNCIL MEETING OF AUGUST 11� 1969 PAGE 6 Mr Parvel Skabrat, living in the northwest corner of West Moore Lake Drive and 57th Avenue, asked about his assessment. He was told that his frontage on Marigold Terrace would be assessed at $10.1D and would come to $1,161.50, and his side yard which is on West Moore Lake Drive will , be charged for 1/3 of the side yard. The Finance Director explained the assessment policy on side yards. A gentleman said he had no driveway and asked if he should put stakes out. The City Engineer said he could show the contractor where he wanted the curb cuts. Mr. Harold Brezny, 690-59th Avenue N.E., asked if there was going to be storm sewers put in on 59th Avenue. The City Engineer said there is drainage on 58th and Monroe, but there might be a minor addition on West Moore Lake Drive. Mayor Kirkham asked Mr. Brezny if he was for the pro�ect and he said he was. MOTION by Councilman Harris to close the Public Hearing. Seconded by Councilman Samuelson. Upon a voice vote, there being no nays, Mayor Kirkham declared the Public Hearing closed at 9:08 P.M. CONSIDERATION OF STREET IMPROVEMENT PROJECT ST. 1970-2: Mayor Kirkham read the Notice of Hearing. 1. WEST MOORE LAKE DRIVE: Mr. Harry Nawrocki, 5800 West Moore Lake Drive, questioned where the Councilman from their Ward was. Mayor Kirkham said that Councilman Sheridan was absent this evening. Mr Nawrocki asked why the earlier Public Hearing pro�ects had cost about $10.00 per fcbt while this assessment will be $11.83 per foot. The Finance Director explained that ' even though every street costs the same to install, the assessment rates will vary because there is not always the same amount of assessable frontage. There are streets which have lots of side yards which cut down on the assessable property. He said that this street wi11 cost more than the people will be assessed because it is a State Aid Street. The people will only be assessed the cost of a typical residential street, but the street that iscping in will be a better street and State Aid funds will make up the difference. Mr. Nawrocki asked why this should be a better street. He said they did not need the street or the sidewalk. He said that if it is a 9 ton street for trucks, it should come out of the general fund and he should not have to pay more. Mayor Kirkham pointed out that he will not be paying more, the State Aid Fund will be paying the additional amount. Mr. Nawrocki said that now that the City has the equipment for a re-1ay,�+hy not use it and they could get along until 1974 when they were told it would be done. Mr. Bernard Altermatt, 5831 West Moore Lake Drive, said that they were the third family to move into this area and they had been assured there would be no sidewalks. He was concerned about havfnq tc lose�the American r.lm boulevard trees. Mayor Kirkham said he did not know if the trees had been considered and thanked him for drawing them to the Council's attention. NLr. Altermatt also felt the Drive-In Theatre should have to pick up their own litter instead of the property owners. Mr. Henry Sweet, 5881 West Moore Lake Drive, said he did not mind the chuck , holes because they slowed down the speeders. He said he would need a retaining wall for sidewalks and against storm sewer as he didn't think they needed it. �{; < PUBLIC HEARING AND WORKSHOP COUNCIL MEETING OF AUGUST 11, 1969 P?�G� 7 He said maybe the street was needed, but it seemed like a lot of money. The City Engineer explained the Crty policy of not putting in permanent , streets unless all utilities are in. Mayor Kirkham told Mr Sweet that the cost of the retaining wa11 would be part of the pro�ect costs. Mr. Warren Harper, 5801 West Moore Lake Drive, said he was opposed entirely to the pro�ect. He thought it only needed resurfacing and he was concerned about high taxes and how hard they were hitting the people on a fixed income. He asked if the Council had any intention of getting the Ha.ghway 100 Twin Drive In to pay any money, and he wanted to know who would clean the sa.de- walks in winter after the snowplow ezent by and filled them again Councilman Liebl said that there was a legal question on what could be done about Highway 100 Drive In and he did not think they could be made to pay as the City policy is not set up that way. He said that there are side- walks on 61st Street and last year the City did a pretty good �ob, but that it was hard with a heavy snow. Mr. Harper asked if the School District could put in money also. Council- man Liebl said that this was in his school district, so it would be coming from the same pocketbook. He explained that the City budgets 2 mills to help the people on the sidewalk costs and the rest is assessed to the property owner. Councilman Liebl said the sidewalks were started from 61st to the Sunior High School at the request of the School Board for the safety of the children and this will save tax money by not having to bus the children to school. ' George Bray, 5781 West Moore Lake Drive, said he did not feel they needed sidewalks. He was for resurfacing of West Moore Lake Drive, but not for any sidewalks. He felt commercial help was needed and suggested it come from 100 Twin Drive In which uses the street more than the people do. N1r. Skabrat said that Bloomington has sidewalks and in the winter 9 out of 10 blocks are not plowed and he asked about the City's policy. The City Manager said that the first priority has to be the streets and then the sidewalks. Mr. Raymond Delano, 5791 West Moore Lake Drive, said he was opposed to the sidewalk, curb and gutter He said it doesn't look necessary up to where they live. Mr. Bernard Young, 5751 West Moore Lake Drive, said he had heard that the Drive In is going to be taxed out of it soon and a commercial development will be coming in, and a.f the street is delayed there will be more commercial to pay for that side. The Council explained that whoever owns the land wi11 be assessed no matter what is on the land. Mr. Young asked about storm sewers Mayor Kirkham said that any storm sewer work would be minimal, such as moving manholes. Mr. Young said he would go on record opposed to the road, sewer, curb and sidewalk Mayor Kirkham said he would ask for a show of hands on this pro7ect. He � asked how many people were present in regard to the West Moore Lake Drive pro7ect? Twenty people raised their hands. � i 4 � �V PUBLIC HEARING AND WORKSHOP COUNCIL MEETING OF ATIGUST 11, 1969 PAGE 6 He asked if the wnole pro7ect is put in inclut�ing the street and sidewalk, how many people want it� No one raised their hands, Mayor Kirkham asked how many are for the street with no sidewalk� A gentleman asked why it ' was necessary now when it had been proposed for 1974. Councilman Harris said that knowing the costs were going up and knowing that the improvement is needed, the Council was giving the people a chance to have it if they wanted it now. The gentleman asked if they wait until 1974, will they still get State Aid. Mayor Kirkham said they couldn't answer that. He said the State Aid is based on the gas tax so it should be sure, but the street designation could change. The City Engineer said the people were given the chance for the improvement because some work has to be done on rt as it is dangerous and the Crty is liable. Mr. Art Olsen, 5771 West Moore Lake Drive, said he has lived on West Moore Lake Drive since 1955 and has seen rt change from a very peaceful place because of the two new churches and high school which has increased the traTfic. He said he would think the proposed 44 foot street would only increase the traffic more. He said he would be opposed to the State Aid width of 44 feet, but the improvement is needed and he would like to see it 36 feet wide as on 58th ar 59th Avenue. Mrs. Sadie Gunderson said she was against the sidewalks and asked why the sidewalks were necessary on both sides. Mayor Kirkham said the people could say if they would like them eliminated on one side. Councilman Samuelson asked the City Attorney the present fine for littering and was told $300. Councilman Samuelson said he hoped that ouY littering ordinance could help these people if they could see any license plates. ' Mayor Kirkham said he thought the 100 Twin Drive In would cooperate, possibly with bins at the exits. Mayor Kirkham asked for a show of hands in favor of the street with curb and gutter at 44 feet as proposed and without the sidewalk. No one xaised their hand. Art Olsen asked if they had considered the street at 36 feet. Mayor Kirkham said that rt would be no diPference in cost to the people, but they would not be getting as heavy a street. Mayor Kirkham asked how many people would be interested in going ahead with the street at a width of 36 feet. Three people raised their hands. Mr. Altermann said he voted provided there was a stop sign at 59th. Mayor Kirkham said that the Department could check into this. A gentleman asked why this was designated a State Aid street and the Council explained it has the qualifications necessary for a street to be named a State Aid Street and that it is wider with a heavier base. Mayor Kirkham asked again how many people would be in favor of the State Aid Street as proposed in the improvement, with the only change being leaving off the sidewalks. Six people raised their hands. Mayor Kirkham asked if any favored the street being cut to 36 feet with sidewalks. Shere were no hands. The Mayor asked once more how many people were opposed to the whole pro�ect. There were 12 hands raised. Mr Tuveson, 5820 West Moore Lake Drive, said he believed the difference in voting was because the people were led to believe that the cost of re- , surfacing the street would be taken out of the general fund and not assessed as a new street would be. _ i � PIIBLIC HEARING AND WORKSHOP COUNCIL MEETING OF AUGUST 11, 1969 Ph�E 9 Councilman Harris said that this was not necessarily so. He said it was not � fair to people who have improved their streets to keep paying for old ones and there were only so many dollars in the maintenance fund and if there were no funds, the City would have to start charging for surfacing also. Mr. Tuveson asked if this street is eventually going to have to be done. The Counca.l said yes. Councilman Samuelson said that there has been a price increase of approxunately 10% in the last few years, A woman, who said she did not live on this street but on 58th Street, said that the people in her area had voted for their street because they feel they want good streets to drive on now. Mayor Kirkham said he would call for a show of hands once more on those in favor of a State Aid Street wrthout sidewalks. Eight people raised their hands. MOTION by Councilman Harris to close the Public Hearing. Seconded by Councilman Samuelson. Upon a voice vote, there being no nays, the Public Hearing on the West Moore Lake Drive portion of ST. 1970-2 was closed at 10 10 P.M. 2 MAIN STREET FROM 58TH AVENUE TO 61ST AVENUE Mr. John Heron, representing the Northern Pacific Railway Company, asked about the assessment on the west side of Maa.n Street. The Finance Director said that the estimated price was $12 50 per foot. Mr. Heron asked if � being a State Aid Road would decrease some amount of the cost. The Finance Director said that 1000 of the cost is assessed on industrial It is only R-1 that a.s assessed the residential rates. Mr. Heron asked if there is a provision for storm sewer work on Main Street The City Engineer said that the drainage will be taken care of and that rt is basically in now. There will not be any assessment for storm sewer on this. Mr. Heron said that the railroad is not opposed to this pro7ect. Mr. R. H. Brokopp, representing the Great Northern Railway Company, asked again if the State Aid funds were only applicable to residents. The Council said yes, that this was the policy of the City. Mr. Brokopp asked if there will be sidewalks on the west sa.de of Main Street The City Engineer said there was no sidewalk proposed on Main Street Mr. R. McClain, 6007 Main Street, asked about parking because cars cannot back out on a State Aid Road. Mayor Kirkham said that the Council did not know at this time �ust how this would be resolved as they had inherited a pretty old problem. Mr. McClain said he owned two lots and one is an empty corner lot which he did not tha.nk should be assessed as much. Mayor Kirkham said the City had to cqmply with State Statutes and no matter what is on the lot, the assessment goes by footage. Mr. McClain said he was opposed to this improvement until the land is developed. He thought the land should be developed fa.rst and then the street put in. Mr. McClain thought it should be resurfaced now, as it was not supposed to be done until 1975 He said he was sta.11 paying for old assessments. � Mrs. Rudnitski, 6035 Main Street, asked about the parking at the four-plex she and her husband own. They do not know if they should put the parking in front or back, although they are willing to pay the cost to finish the parking lot. Mayor Ka.rkham said he did not know how this will be resolved, but said there will be a curb if the street is put it and curb cuts will be made. � y1"�'y PUBLIC HEARING AND WORKSHOP COUNCIL MEETING OF AUGUST 11� 1969 PAGE 10 Councilman Liebl asked Councilman Harris if the County Commissioners were going to cooperate and make this a County Road. Councilman Harris said that the Engineerinq Office has written a letter asking to be on the Commissioner's Agenda, but he did not know if they would accept the ' proposal or not. Mr. Herron asked if this was made a County Road, will it come out of County funds. Councilman Harris said no, but it would be maintained out of County funds. A gentleman asked if there were any sidewalks planned and if tenants will be able to park on Main Street as they do now. He was told that there are no sidewalks planned and there will not be parking on Main Street, but openings will be given so cars can get off the street. MOTION by Councilman Liebl to close the Public Hearing. Seconded by Councilman Harris. Upon a voice vote, there being no nays, Mayor Kirkham declared the Public Hearing closed at 10•30 P.M. CONSIDERATION OF A REZONING REQUEST (ZOA #69-09) TO REZONE FROM R-2 TO R-3A, GENERALLY LOCATED SOUTH OF HIGHWAY #694 BETWEEN STH STREET AND 6TH STREET. (REQUESTED BY SACRED HEART PARISH) Mayor Kirkham read the Notice of Hearing. MOTION by Councilman Liebl to receive the communication from Mr, and Mrs. Berhow, 5430-Sth Street N.E., opposing this rezoning. Seconded by Councilihan Harris. Upon a voice vote, there being no nays, Mayor Kirkham declared the motion carried. Councilman Liebi noted that the Planning Commission recommended approval of ' the rezoning. He asked the petitioner how many units there will be. The petitioner said there would be as many as are permitted. The Council asked if he was willing to share in the cost of the improvement of Sth Street which is 7ust a dirt road now. The petitioner said that if he sells the land, the buyer will pay for his share of the footage. Councilman Harris said he thought that zf any future building was done on this street, he would like to see the street improved. He said that he noted Uy the Planning Commission Minutes that this wi11 only be adding five more units to what could already be built there now asmo5t of it is already rezoned. The petitioner asked if he could get some information on what would be permitted on this rezoned property. He was told he could come in to City Hall and get a copy of the City Zoning Code. MOTION by Councilman Harris to close the Public Hearing. Seconded by Councilman Samuelson. Upon a voice vote, there being no nays, Mayor Kirkham declared the Public Hearing closed at 10•37 P.M. CONSIDERATION OF A VACATION (SAV #69-03) OF AN ALLEY AND TWO STREETS IN BLOCK 6� BERLIN ADDITION. (REQUESTED BY GREAT NORTHERN RAILWAY COMPANY) Mayor Kirkham read the Notice of Hearing. The City �ngineer pointed out that the Planning Commission has recommended the vacation sub7ect to an agreement between the Railway Company and � Northern States Power regarding utility easements. � PUSLIC HEARING AND WOP.KSHOP COUNCIL PflEETING OF AUGUST 11, 1969 YAGL� 11 MOTION by Councilman Lieb1 to close the Public Hearing. Seconded by Councilman Harris. Upon a voice vote, there being no nays, Mayor Kirkham declared the Public Hearing closed at 10:40 P.M. RECESS: Mayor Kirkham called a xecess. The meeting was seconvened at 11 00 P.M. POLICE PENSION COMMITTEE APPOINTMENTS• The Council discussed whether the appointments should be by Wards. They said that the important thing would be that the appointees have a knowledge of the subject, such as accounting, financing, etc. This item is to be put back on the next Council Agenda at which time the Council have their appointees ready. CONSIDERATION OE PROPOSAL AND AGREEMENT - FINANCIAL CONSULTING SERVICE (EHLERS AND ASSOCIATES): Councilman Harris said that he had looked over the proposal and if it meets with the approval of the City Attorney, he thought it was a very fine agreement. The Finance ➢irector said he had talked wrth Mr. Ehlers about the suqgestion made by the City Attorney at the last meeting and Mr. Ehlers had revised the agreement so that work done on government grants will be on an hourly basis. MOTION by Councilman Harris to approve the proposal and agreement for � financial consulting service wa.th Ehlers and Associated, Inc. Seconded by Councilman Samuelson. Upon a voice vote, there being no nays, Mayor Kirkham declared the motion carried. � DISCUSSION REGARDING DIKE EASEMENTS: The Crty Manager said that as the dike goes further south, the necessary road and slope easements amount to quite a bit of encroachment on the people's property. He said that in some areas the encroachment would be as much as 12 feet for roadway easement. He asked if the Council had any thoughts on the width before proceeding with the realignment of the dike, etc. The City Manager explained that he had discussed the possibility of bank stabilization with the Corp of Engineers, but under the public law, they would have to do a complete job which would be under the Federal rules and would be a split �ob which might nulify chances of getting the overall pro7ect. The City Attorney said he had asked that this item be put back on the Agenda as he was afraid some of the people had gotten the idea that the slope ease- ments were the only ones needed. He said there were 22 lots involved and in order to move on this pro7ect quickly and to treat all the people the same, he felt it would be necessary to start condemnations. He said that the Ca.ty could spend a substantial amount of time trying to get easements granted and then only get part of them. He said the Council had expressed a desire that it if is impossible to get all the easements donated, he should condemn them all. Councilman Samuelson said this was fine. Council- man Harris said he felt this was the only £air way. The City Manager asked if this would preclude the people from giving the easements if they wanted to. �� '�r a �1 ��> _'�, �.� PUBLIC HEARING AND WORKSHOP COIINCIL MEETING OF AUGUST 11� 1969 PAGE 12 Councilman Harris said he thought everyone should be treated alike, so he thought the Council should refuse the easements being given. The City Attorney said that otherwise you would have the situation where one property owner donated the property, and the other side had to be oon- � demned and assessed to the pro7ect, so the first owner was paying for the other fellow also. Mayor Kirkham said he would agree - all or none. The Ca.ty Manager asked if the Council thought the road should be a one-way or a two-way. Councilman Samuelson said that the cost of condemnation could be reduced by reducing the acquisition, although the Public Hearing had been held at the wi3th of 22 feet. The City Engineer said that if the street was a one-way, it could be cut down by 6 feet to a 16 foot roadway The City Attorney said that if the dike was ever widened from 16 feet to 22 feet, that would mean they would have to go back and condemn again. Councilman Harris said he felt it was better to get the full width now so they do not have to go back. MOTION by Councilman Harris to authorize the City Attorney to start condemnation proceedings along the dike to make a roadway of 22 feet. Seconded by Councilman Samuelson. Upon a voice vote, there being no nays, Mayor Kirkham declared the motion carried, CONSIDERATION OF FIRST READING OF LIQUOR ORDINANCE: Councilman Harris reviewed for the Council the few small changes the Liquor Committee had made in the proposed ordinance at their last meeting. , Councilman Harris said he would recommend the ordinance to the Council Por first reading. He said that approximately 100 man hours had collectively been put in on it. More thought and time have been put in on this ordinance than any other ordinance the City has probably ever passed with the ex- ception of the zoning ordinance. He said the Committee feels it is complete and good and every word has been gone over thoroughly. Councilman Liebl suggested that the first reading be tabled until the next meeting when there would be a full Council. Mayor Kirkham said that the idea had been to adopt the ordinance on first reading before the election so the public would have the intent of the ordinance and know the way the Council is planning on going. Councilman Harris said the second reading would not be held until after the election to see how �he vote goes. Councilman Liebl asked about the distance decided upon for distance allowed from a church. Councilman Harris said that the Committee had arrived at the figure 400 feet after studying the whole City with an aerial map using the circles of 250 feet, SOD feet, 1,00D feet. He said that the 1,000 foot circles overlapped each other. The 500 feet was reduoed to 400 f� as the Committee felt this was the best, and the 250 feet was too little distance. Councilman Harris said that the 400 feet had been the unanunous decision of the Committee. Councilman Liebl asked about the Board mentioned in the Ordinance. Councilman Harris said that this was included because other communities had , it, but as the City will not be granting that many licenses, the Council will be the Licensing Board. Mayor Kirkham said that this would make it possible to someday have a Board if feasible without changing the Ordinance �i! ,; `. PUBLIC HEARING AND WORKSHOP COUNCIL MEETING OF AOGUST 11, 1969 PAGE 13 Councilman Liebl said that Item 11 on Page 12 could be construed as intimidation. Councilman Harris said that the City would sti11 have the � right whether it was mentioned in the Ordinance or not. Councilman Liebl ob7ected to the word "unqualified" in this section. MOTION by Councilman Liebl to strike the word "unqualified" from the third line, Section 11, Page 12. Seconded by Councilman Samuelson. Upon a voice vote, there being no nays, Mayor Kirkham declared the motion carried, Councilman Samuelson said he wouY3 question the use of the name "BUilding Inspector" in the same paragraph. He said that once the building is done, there is little need for a Builda.ng Inspector to enter, but possibly it should say "Health Inspector". Mayor Kirkham said that it could be left out entirely as the paragraph states'Hesignated officer or employee of the City" MOTION by Councilman Harris to strike the words "BUilding Inspector" from the first line, Section 11, Page 12. Seconded by Councilman Samuelson. Upon a voice vote, there being no nays, Mayor Kirkham declared the motion carried Councilman Liebl asked the intent of Item 18 on Page 13. Mayor Kirkham said that this was for the protection of the license holder. The City Attorney said that the Committee £elt strongly it was needed for protection. Councilman Liebl asked about the amount of insurance liability coverage, as he did not think the $50,000 coverage was very much money. The City Attorney said that this had been discussed by the Committee and although State Law required a minimum of $10,00D, the Committee felt more should be required as � a minimum, although any liquor business would certainly carry more than that. Councilman Liebl asked if there would have to be another election if a Council wanted to give up Municipal Off-Sale. Councilman Harris said there would not have to be an election, but protection has been built into Section 21, Page 21 of the Ordinance, and the Ordinance would have to be changed to allow it. Councilman Liebl asked if the Committee set up criteria for some of the older businesses in Fridley getting licenses Councilman Harris said that no dollar factor on investment was put into the Ordinance and they only have to meet the criteria of the Ordinance, although licenses won't be granted indiscriminately. Councilman Liebl asked i£ this would allow room service in hotels which could possibly get unruly with a large party. The City Attorney said he did not think there would be anything that would prohiUit room service, although rt would be determined which rooms were to have liquor sold in them. He said that the nuisance Ordinance or disorderly conduct would take care of any other problems, and was sure the management would be pola.cing so there would be no disturbance to other guests. Councilman Harris said that this Ordinance was checked against ordinances from many other communities and beyond a shadow of a doubt, it is the best one of the bunch. � MOTION by Councilman Harris to adopt the Liquor Ordinance upon first reading, waiving the reading as received from the Liquor Commrttee and amended. Seconded by Councilman Samuelson. Upon a ro11 call vote, Samuelson, Kirkham, - Liebl, Harris voting aye, there being no nays, Mayor Kirkham declared the motion carried. C �d � � � w PUBLIC I�.ARING AND WORKSHOP COIINCIL MEETING OF AUGUST 11� 1969 PAGE 14 Councilman Samuelson said he thought the Council should send a commendation to the Liquor Committee for all the tune devoted to study, reviewing and forming the new Ordinance. The Committee is to be thanked on behalf of the City Council of Fridley. � CONSIDERATION OF ORDINANCE AUTHORIZING THE ESTABLISHMENT OF ABSENTEE BALLOT PF�CINCTS: MOTION by Councilman Harris to adopt the Ordinance upon first reading, waiving the reading. Seconded by Councilman Samuelson. Upon a roll call vote, Kirkham, Liebl, Harris, Samuelson voting aye, there being no nays, Mayor Kirkham declared the motion carried. RECEIVING TFIE MINUTES OF THE LIQUOR STUDY GROUP M$ETING OF AUGU5T 7, 1969: MOT==ON by Councilman Samuelson to receive the Minutes of the Liquor Study Group Meeting of August 7, 1969. Seconded by Councilman Liebl. Upon a voice vote, there being no nays, Mayor Kirkham declared the motion carried. A. EHLP�RS & ASSOCIATE6 COPY OF LETTER THANKING MOODY'S INVESTORS SERVICE FOR TI3EIR TIME AND INTEREST: MOTION by Councilman Liebl to receive the communication from Ehlers & Associates. Seconded by Councilman Harris. Upon a voice vote, there being no nays, Mayor Kirkham declared the motion carried. S. MILLER AND SCHROEDER: REQUESTING CITY TO COMMUNICATE WITH CONGRESSMAN � MACGREGOR: MOTION by Councilman Liebl to receive the communication £rom Pliller and Schroeder. Seconded by Councilman Samuelson. Upon a voice vote, there being no nays, Mayor Kirkham declared the motzon carried. C. CONGRESSMAN CLARK MACGREGOR- RECEIVED RESOLUTION REGARDING BOND EXEMPTION FROM TAXATION: MOTION by Councilman Liebl to receive the communication from Congressman Clark MacGregor. Seconded by Councilman Harris. Upon a voice vote, there being no nays, Mayor Kirkham declared the motion carried. D. SENATOR WALTER MONDALE: RECEIVED RESOLUTION REGARDING SOND EXEMPTION FROM TAXATION: MOTION by Councilman Harris to receive the communlcation from Senator Mondale. Seconded by Councilman Liebl. IIpon a voice vote, there being no nays, Mayor Kirkham declared the motion carried. E_ ELDON E. SCHMEDEKE: WITHDRAWING FROM THIRD WARD COUNCIL RACE: MOTION by Councilman Samuelson to receive the communication from Eldon E. Schmedeke. Seconded by Councilman Liebl. Upon a voice vote, there being no � nays, Mayor Kirkham declared the motion carried. PUBLIC HEARING AND WORKSHOP COIINCIL MEETING OF AUGUST 11� 1969 CLOSING OF LIQUOR STDRE ON ELECTION DAY: PAGE 15 The City Manager asked the City Attorney if the liquor stores are required � to be closed on Election Day. The City Attorney said he would check on this and let the City Manager know. CHAMBER OF COMMERCE LIOUOR BROCHUREc Mr. Glenn Thompson from the Chamber of Commerce has requested that they be permitted to place literature regarding the Liquor Election on the counter at City Aall. Mayor Kirkham said he did not see anything ob7ectionable. MOTION by Councilman Samuelson to allow the Chamber of Commerce to display their 1lterature on the Liquor Election 1n City Hall. The motion wa5 seconded and upon a voice vote, there being no nays, Mayor Kirkham declared the motion carried. ADJOURNMENT: There being no further business, the Public Hearing and Workshop Meeting was ad�ourned at 11:48 P.M., August 11, 1969. Respectfully subma.tted, � J � � J / ��� ,,� u� � Mary Lu Strom Acting Secretary to the Council � r—��� � ,J� ` �C � � �NV//����,.-'.. C/�ack 0. Kirkham ✓ Mayor � ,� _'