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09/02/1969 - 00019258��� THE MINUTES OF THE REGULAR COUNCIL MEETING OF SEPTEMBER 2� 1969 ' Mayor Kirkham called the Regular Council Meeting of September 2, I969 to order at 7:30 P.M. PLEDGE OF ALLEGIANCE: Mayor Kirkham lead the Council and audience in saying the Pledge of Allegiance to the Flag. ROLL CALL: MEMBERS PRESENT: Liebl, Harris, Samuelson, Sheridan, Kirkham NLEMBERS ABSENT: None APPROVAL OF 11INUTES OE THE REGULAR COUNCIL MEE^tING OF AUGUST 18. 1969: Councilman Liebl pointed out an error on Page 2, Item #45, which should be changed from September to August 22, 1969. He also stated that on Page 19, fourth paragraph, the motion should be seconded by Councilman Samuelson, rather than Councilman Liebl. MOTION by Councilman Liebl to adopt the Minutes of the Ttegular Council � Meeting of August 18, 1969 as corrected. Seconded by Councilman Sher�.dan. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously. APPROVAL OF MINUTES OF TI3� SPECIAL MEETING AND CANVASS OF ELECTION OF AOGUST 22, 1969: MOTION by Councilman Samuelson to adopt the Minutes of the Special Meeting and Canvass of Election of August 22, 1969 as presented. Seconded by Councilman Liebl. Upon a voice vote, there being no nays, Mayor Kirkham declared th� motion carried unanimously. ADOPTION OF AGENDA: Mayor Kirkham stated that there was one item to add to the Agenda which was: #34. Discussion of costs for the University Avenue East Service Road from 69th Avenue to 73rd Avenue. MOTION by Councilman Liebl to adopt the Agenda as amended. Seconded by Council- man Samuelson. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously FIRST READING OF AN ORDINANCE TO REZONE FROM R-2 TO R-3A (ZOA #69-09J REOUESTED BY SACRED HEART PARISH Generally located south of Highway #694 ' between 5th Street and 6th Street. Councilman Harris said that noting that the change in zoning would bring about an addition of onlv 5 units, and the fact that the other property owned by Sacred Heart Parish is zoned R-3, he would be in favor of the change. i' REGULAR COUNCIL MEETING OF SEPTEMBER 2� 1969 PAGE 2 � Councilman Liebl reported that the Sacred Heart Parish has said that they are willing to participate in the improvement of Sth Street, and that they are in favor of the improvement MOTION by Councilman Harris to approve the Rezoning Ordinance as requested by Sacred Heart Parish on first reading and waive the reading. Seconded by Councilman Liebl. Upon a roll.call vote, Kirkham, Liebl, Harris, Samuelson, and Sheridan voting aye, Mayor Kirkham declared the motion carried unanimously. CONSIDERATIQN QF FSRST READZNG OF AN ORDINANCE FOR REZQNING (ZOA #69-08A) TO REZONE FROM R-1 QO R-3A REQUESTED BY KAYE W. WESTERLUND: Generally located south of 69th Avenue and 1,000 feet west of the City limits. Councilman Samuelson asked if there was any consideration given to a dedication of park land along the creek. The City Engineer said yes, the south 60' of the area is to be dedicated to the City. This dedication will follow the same general contours talked about for this Rice Creek area. The dedication would start about where the bluff starts. Councilman Samuelson asked about the contiguous property on the east. The City Engineer reported that this was a request by Hammerlund Enterprises, the first reading of the rezoning ordinance had been accomplished and there was an agreement drawn up between the City and the developer. Then the person instrumental in getting this rezoning accomplished died He said that he understood �hat there is someone now working on this request, however, the 6 month limrtation has passed, so � they will have to come back for reconsideration. The City Attorney asked if the ownership of the parcel under consideration extends down to the Section line. The City Engineer said no, only roughly to the bank of the�creek. He added that Mr. Westerlund has presented preliminary plans on his proposal at a Council Meeting, but he would assume that the second reading of the ordinance would be held up until the final plans are approved. He then showed on the map �ust how much this request is for, and the relationship to the parcels to the east and south. Councilman Liebl asked if this dedicated land could then be used by anyone Councilman Samuelson said yes, the ultimate qoal is that this whole creek area will eventually be used by the City as park land. Councilman Lieb1 pointed out that in this case the City would be getting it for nothing. Councilman Samuelson said that he was not sure that it would be wise to allow this rezoning until it is known how the property to the east is going to develop. If this was rezoned, and the property ad7acent to it was not, it would result in an R-3A parcel in the middle of an R-1 district. The City Engineer said that this rezoninq could be held up and both could be done at once. It does not look as if they will be able to start until spring anyhow. Mr. Westerlund said that they had hoped to get started this year pet. Councilman Samuelson explained that the question is whether or not to give the first reading. If it is read, everything would have to be ready in 6 months. Councilman Harris said that he could recognize Mr. Westerlund`s � situation, but the City could not grant a zoning change in the middle of an R-1 district, and he agreed with Councilman Samuelson that it would be better to wait for the property on the east, and do them both at once. MOTION by Councilman Harris to table the consideration of this rezoning ordinance until it is known that the property on the east is ready to be developed as R-3A also. ��'���'�� REGULAR COUNCIL ML;ETING OF SEPTEMBER 2, 1969 PAGE 3 Mr Westerlund said that he would rather have the first reading. Councilman ' Samuelson said that then he would have to have everything in order in 6 months. Mr, Westerlund said that they could make that deadline and asked if the other property owners would not have a reply by the next Council Meeting. THE MOTION was seconded by Councilman Samuelson. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously. MOTION by Councilman Harris to direct the Administration to write a letter to Hammerlund Enterprises Inc. inquiring what they intend to do with the property to the east of Westerlund's parcel, and to have the answer ready for the next Regular Council Meeting. Seconded by Councilman Samuelson. Upon a voice vote, all vota.ng aye, Mayor Kirkham declared the motion carried un- animously. CONSIDERATION OE FIRST READING OP AN ORDINANCE FOR REZONING (ZOA #69-07) TO REZONE AREA BOUNDED ON THE NORTH BY 60TH AVENUE, ON THE SOUTH BY 57TH AVENUE LYING B�TWEEN MAIN STREET AND ONIVERSISY AVENUE: AND RECEIVING PETITION �r38-1969 REQUESTING "SLIP-OEF" NOT BE INSTALLED AT THIS TIME, TO WAIT FOR COMPIERCIAL DEVELOPERS TO COME IN: MOTION by Councilman Sheridan to receive Petition #38-1969. Seconded by Councilman Liebl. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously. � Councilman Samuelson commented that this petition changes the concept some- what. Councilman Sheridan felt that it would affect the street improvement but not necessarily the rezoning. The street improvements could �ust be held up, which would be a reasonable request. Ae said that he would like to see the Council hold the first reading for the zoning change. Councilman Harris pointed out that the petition also includes the slip-off. Councilman Sheridan said that the slip-off is a necessary part of the zoning ohange. Councilman Harris agreed and said that it was his understanding that the people were not in favor of the street improvements, but were in favor of the slip-off. Councilman Sheridan said that his intent was to order in the slip-off through the resolution for the street improvement. He said that he had no recollection of any concern by the people over the slip-off at the Public Hearinq, and that they understood that they had to have the slip-off for the zoning change. Councilman Harris suggested that the petition be checked to see if the people who signed the petition are the same that would be assessed for the slip-off There may be less than 50o signing the petition. The Council seems to agree that the slip-off is necessary to the implementation of the plans A member of the audience asked who would pay the assessments. Councilman Harris said the abutting property owners. The money would not come from the general pund. Mayor Kirkham added that the law prescribes that the assess- ments must be placed on the bene£itting property owners. �lrs. Marvin O'Berg, 5947 2� Street N.E. said that she did not believe the � people on 2'� Street knew what they were getting when this plan was started. She felt that the land would become more valuable, but the value of the homes would be greatly reduced. She said that she £elt that the costs should be spread throughout the City of Fridley, as a commercial area would be an h � I REGIILAR COUNCIL MEETING OF SEPTEMBER 2, 1969 PAGE 4 � asset to the entire City. She felt that the assessments are vezy hiqh on 2� Street for any benefits they may be getting. She pointed out that the lots may be bought up piece-meal, and no large development come in and in that case there may be the properties with homes on, that may not be used. Even iE a home owner were to sell the�r property, they would still have to pay off the assessments, this places the burden on the home owner, rather than the commercial enterprises. Councilman Harris questioned whether it would not be in order to turn this back to the Administration to see what procedural steps should be developed now. Possibly a number of people are not against the rezoning, but may question whethex the xezoning is worth the cost of the slip-off. There maI be many other view points that would be of value to the Council. Councilman Liebl said that there have been many Public Hearings already on this topic, and asked if there was anyone present opposed to the rezoning. (About five people raised their hands.) Councilman Liebl pointed out that there have been 4 or 5 Public Hearings already held on this, and the City Manager has spent many many hours trying to come up with a suitable p1an. At the Public Hearing no one was opposed to the rezoning. The Council has already contacted the Minnesota Highway Department and gained their con- currence in the slip off. The people in the Second Ward cannot be expected to pay for deveLopments in the Thixd Ward, This has to be assessed 6ack to the property owners. He said that eventually the people living in this area � will have to pay a certain amount for their improvements. The City Manager did an excellent �ob of prepaxing facts and £igures and making the pre- sentation clearly. He said that he felt as the Councilman of this area it would be a mistake not to clean up this area. As far as the improvement of the streets is concerned, 2� Street, 3rd Street and the cross streets could be deleted, but if the people refuse the slip-off also, then the Council and Administrationkgve spent a lot of time for nothing in the belief that this is what the people wanted and what they indicated at the Public Hearing. Mr. Kenneth Strand, 5955 2� Street N.E. said that he had circulated the petition, and as he went around, the concensus of the people seemed to be that the area will be developed as commercial sometime, but they did not want the slip-off until the commercial develops. He could not see where small commercial shops along University Avenue would help 2=� Street. He said that he had a nice home and the home next to him is nice, the apartment building in his area will not be taken down for some time, and so these lots would not be bought up. He questioned also what if the slip-off is put in but the rezoning does not go through. Mayor Kirkham answered that they must go together. Mr. Strand asked why he should pay for a slip-off that would be of no value to him. Ae said that he would have to pay the assessments, but no one is qoinq to buy his home. He asked if the price quoted includes the acquisition of land. He said that there is a garage that would have to be moved and a house whose front door would be on the curbing. He did not feel that the $4A,000 would covez all the costs of the slip-off. � The Crty Engineer explained that the estunated right of way cost is $19,796.65, the improvement of the service road is $16,092.60 and the improvement cost for the slip-o£f is $8,771.40 which comes to the total of $44,660.65. The values the Assessor carries on the books for the lot required for the slip-off are the figures used ��Y C_��,�� REGULAR COUNCIL MEETING OF SEPTEMBER 2, 1969 PAGE 5 Mr. Albert CampUell, 5540 3rd Street N.E. said that he was in favor of the ' rezoning, but not the slip-off. Councilman Harris wondered if all the people to be assessed should not be polled on their full feelings, which would in effect, be a petition cir- culated by the City. The City Manager suggested a letter be sent to all the people inviting them to an informal meeting in the Community Room to explain everything that has been done to date. He explained to the people present concerning this item that the Minnesota Highway Department has already given their concurrence through granting a slope easement for the additional land needed for the service road. Councilman Liebl added that he had checked the petition,and the people who signed are people who would be assessed. Councilman Harris wondered how many people have not been approached who may be in favor of this. Councilman Samuelson said that a letter could be sent out listing the alternates for checking off and returning in a self addressed envelope. Councilman Harris said that he did not feel the replies would be returned, except from a certain percen£age of people who feel strongly one way or another. Mayor Kirkham suggested that the letter could state that no reply would constitute a yes vote. D10TION by Councilman Samuelson to table the consideration of this rezoning ordinance and return to the Administration for analysis of the property owners intent. Seconded by Councilman Harris. Mrs. O'Berg asked if the assessments should not be graduated in some way, , as the people along University Avenue would receive more value. She also asked if there would not be help available for the service road. Mayor Kirkham told her that there is already a service road on the west side of University Avenue. Mr Eldon Schmedeke said that he thought that the people thought that they would be making a 1ot of money but it may be a long time before a buyer would buy the 1and. He did not think that the people understood what was involved in going to commercial zoning. He felt that the rezoning could go through, wzth the Plan Circle Flow to be implemented when the area starts to develop commercially. He added that he thought that the Public Hearings were all over on this item. Mayor Kirkham said that they were, however, some considerat�on must be g�ven to this sizeable petition that has been received tonight. THE VOTE UPON THE MOTION being a volce vote, all voting aye, Mayor Kirkham declared the motion carried unanimously. FIRST READING OF AN ORDINANCE FOR VACATION (SAV #69-03) OF AN ALLEY AND TWO STREETS IN BLOCK 6, BERLIN ADDITION, REQUESTED BY GREAT NORTHERN RAILWAY CO.: MOTION by Councilman Liebl to approve the Vacation Ordinance on first reading, waive the reading, and bring this Ordinance back for second reading upon the completion o£ granting the necessary easements. Seconded by Councilman Harris. Upon a roll ca11 vote, Sheridan, Kirkham, Liebl, Harris and Samuel- son voting aye, Mayor Kirkham declared the motion carried unanimously. ORDINANCE #435 - INTOXTCATING CounCilman Harris stated that he had gone over the Ordinance again, and could see no further changes that needed to be made. He felt that it was complete, concise, and gave the City very good protection. � �fi�`.r REGULAR COUNCIL MEETING OF SEPTEMBER 2, 1969 PAGE 6 � MOTION by Councilman Aarris to adopt Ordinance #435 and wa�ve the reading. Seconded by Councilman 5amuelson. Councilman Sheridan said that in going over the Ordinance he noticed a typographical error that should be corrected on Page 18, last paragraph. The word "lass" should be changed to "laws". He also questioned that way Section 10, Paragraph #3 was worded. There was some discussion on this paragraph and it was decided there should be a period after "-----granted under this Ordinance." The rest of the paragraph should be deleted. MOTION by Councilman Sheridan to amend the Motion by Councilman FIarris, to provide for the changes suggested in the Ordinance• Seconded by Councilman Samuelson. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously. THE VOTE UPON THE MOTION to adopt the Ordinance, being a roll call vote, Samuelson, Sheridan, Kirkham, Liebl and Harris votinq aye, Mayor Kirkham declared the motion carried unanimously. Councilman Harris said that he wondered if, considering the vote of the public, some thought should not be given to disposing o£ Shorewood Lounge. He sug- gested the Administration and City Attorney contact some appraisers, get the value of the land and structure, and put it up for sale to the highest bidder, before any licenses are granted by the Crty. The City Attorney said that he � did not think it was necessary to put it up for bids. Councilman Sheridan pointed out that someone may want to lease it from the Ci�y. In that case, there would still have to be an appraisal made. In either case, the bottle store would probably have to be moved. Councilman Shexidan asked what about the Lounge on 37th Avenue and East River Road. The City Attorney agreed tha� the appraisal should be made on this one also. It was pointed out that it may prove to be too valuable a location to be used �ust as a warehouse. MOTION by Councilman Harris to ask the Administration to prepare the necessary papers and present them to appraisers they may select for the appraisal of Shorewood Lounqe and the 37th Avenue Lounge. The appraisers are to place a valuation on both the land and structures. The Administration to continue to pus5ue the relocation study for the bottle stores. The motion was seconded and upon a voice vote, all voting aye, Mayor Kirkham declared the motzon carried unanimously. Councilman Samuelson asked if there were any suggestions on the procedure to be used on license applications. The City Manager reported that they are being typed now, and will soon be ready for Council review. Councilman Liebl asked if it was ever checked to see how the City procured the land for Shore- wood Lounge. The City Attorney answered that he had not checked it, but he thought it was by an outriqht purchase. � CONSIDERATION OF RESOLUTION ORDElRING IMPROVEMENT AND EINAL PLADiS AND SPECI- FICATIONS AND ESTIMATES OF COSTS THEREOF: STREET IMPROVEMENT PROJECT ST 1970-4 MOT20N by Councilman Liebl to table this resolution. Seconded by Councilman Samuelson. IIpon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously. f /q�y Lf ��� � i'- REGULAR COUNCIL MEETING OF SBPTEMBER 2, 1969 PAGE 7 RESOLUTION #152-1969 - RESOLUTION ORDERING IMPROVEMENT AND FINAL PLANS AND , SPECIFICATIONS AND ESTIMATES OF COSTS THEREOF: STREET IMPROVEMENT PROJECT ST. 1970-1, ADDENDGM �1- Councilman Samuelson commented that everyone seemed to be in favor of this improvement. CouncYlman Sheridan added that he had talked to some of the people and they seemed to be sorry that they had not done this be£ore, when the costs were lower. MOTION by Councilman Sheridan to adopt Resolution #152-1969. Seconded by Councilman Samuelson. Upon a voice vote, a11 voting aye, Mayor Kirkham declared the motion carried unanimously. CONSIDERATION OF RESOLUTION ORDERING IMPROVEMENT AND FINAL PLANS AND SPECI- FICATIONS AND ESTIMATES OF COSTS THEREOF: STREET IMPROVEMENT PROJECT ST. 1970-2: Councilman Sheridan reported that he had received some calls £rom people ob�ecting to the street width and the sidewalks on West Moore Lake Drive. Mr, Harry Nawrocki, 5800 West Moore Lake Drive said that he had called Councilman Sheridan about getting only an overlay placed on the street. He said that he felt that an overlay would make the street last until 1974 when the street is schedulefl for improvement He �aondered why the State Aid Street, and not �ust a regular residential street. He felt that by putting , in a State Aid Street would encourage speeding. Councilman Harris answered that as was explained before, the cost differential between the State Aid Street and a residential street is not assessed, but is paid for by State Aid funds. The residents only pay for a regular residential street, but they receive a street with increased width and thickness of the mat. He added that studies have shown that increasing the width of the street does not increase speeding. A person who will speed, will speed regardless of the width. He said that he would agree with the residents who voiced concern over losing the trees, and that he would like to have them saved. He said that the City spends too much money in planting new trees to a11ow them to be lost if it can be avoided. Councilman Sheridan asked how much right of way there was. The City Engineer replied 60'. Councilman Sheridan asked if all the trees were within the right of way. The City Engineer said that most of the boulevard trees are pretty close to the right of way line. The State Aid requirement is 44' but this may damage the root system of the trees. The Council could make a special request to allow a 40' State Aid Street to the Minnesota Highway Department, State Aid Section. If this was granted, the road would be about 1' wider on each side than the existing street. P40TION by Councilman Sheridan to ask the Administration to make an appli- cation to the Minnesota Highway Department for the reduction of State Aid standards from 44' to 40', to a11ow the trees to be saved. Seconded by Councilman Harris. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously, Councilman Liebl commented that this would be the first 40' State Aid street, , if approved. Mr Nawrocki asked what about driveways. Councilman Harris said that they are fixed with whatever exists there now, whether concrete, blacktop or crushed rock. r„ L�1" , REGULAR COUNCIL MEETING OF SEPTEMBER 2, 1969 PAGE 8 , The City Engineer 5uggested that the resolution be passed before the appli- cation be made, as he felt that it would carry more weight if the improvement is already ord�ered in. Councilman Liebl said that concerning Main Street, the industry on the west s�de has no ob7ections to the improvement, but the residents on the east side have been vigorously cb7ecting. He said that he felt that the parking problems should be solved before the street improvement goes in. Councilman Harris said that he felt that if the improvement is already ordered in, the City could go before the County and speak in stronger terms. Council- man LLebl said that he did not want parking on the street. Councilman Harris replied that if Main Street is taken over as a county road, they wi11 place certain restrictions on the street. Mayor Kirkham wondered if the apartment house owners should not be approached on their parking problems as he felt that rt would be a shame to wait another year. Councilman Samuelson pointed out that the Crty does have a Tagging Ordinance for tagging parked cars, and if enforced along Main Street, with renters getting tickets, they will bring pressure on the apartment house owners. MDTION by Councilman Harris to table this resoluta.on to the Regular Council Meeting of September 15, 1969. Seconded by Councilman Samuelson. Upan a voice vote, all voting aye, Mayor Kirkham declared the motion carried unana.mously. RECEIVING REMAINDER OF PLANNING COMMISSION MINUTES OF AUGUST 6, 1969: � 1. REZONING REQUEST BY GEORGE BALTHAZOR, ZOA #69-10: Lot 3, Subdivision #10, Auditor's Subdivision #94. Rezone from R-1 to R-3A. Councilman Sheridan reported that he had spoken to Mr. and Mrs. Balthazor and the Council concerning this request and, speaking for hunsel£, he felt that the rezoning request should be denied. However, if the Council concurs, he would suggest a solution for Mr. Balthazor. Mr. Balthazor is partially retired now, and will be fully retired December, 1970. With full retirement, he could receive a better tax break Por disposing of his propex'ty. In the meantime, he suggested granting an occupancy permit for the lower level to run through December 31, 1970. Mayor Kirkham and Councilman Samuelson concurred with this suggestion. MOTLON by Councilman Sheridan to deny the rezoning request by Mr. George Balthazor. Seconded by Councilman Liebl. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously. MOTTON by Councilman Sheridan to grant an occupancy permit to Mr. & Mrs. George Balthazor only, 1374 Highway #1D0, for the lower level third family dwelling, only at this address, with the permit to expire December 31, 1970 or sooner if he disposes of his property, with the permit non-renewable. The motion was seconded and upon a voice vote, all voting aye, Mayor Kirkham de- clared the motion carried unanimously. � 2. REZONING REQUEST BY R.W. WORMSBECKER, ZOA #69-OS: NW Quarter of NW Quarter except N. 16.6 acres and SW Quarter of NW Quarter of Section 2, also the N. 34.68 acres of NE Quarter of NE Quarter of Section 3 Rezone from M-2 to R-3. ( 'i F �`� REGULAR COUNCIL MEETING OF SEPTEMBER 2� 1969 PAGE 9 The City Engineer showed the area on the screen for the Council, and explained � that the Planning Commission had denied the request, and the reasons why. Councilman Harris said that he must concur with the recommendation of the Planning Commission, but he would have no ob7ection to a Public Hearing if the applicant should so desire. Mr. Wormsbecker said that it was his understanding that the P2annzng Com- mission's hands were tied because of the Open Space proposal for the area. As the decision will be ultimately the Council's, he wanted to appear before the Council and get their feelings. Parcels 2, 3, 7& 8 are those that would be taken by the Open Space program, but Parcel 9 could still be developed. He felt that it would then be more valuable with the Open Space to the north of it. To get in a good development, you must have people living there. Councilman Harris said that the Planning Commission is aware also of the Open Space request. Governmental requests at the iaashington level move very slowly. He said that Mr. Wormsbecker has stated that industrial sites are slow to develop, but in his opinion development has been quite rapid. As the Cities get more conyested, the industrial businesses are forced to move farther out, and these areas are fil3ing up quite quickly. The Fridley Industrial Development Commission feels very strongly that this is prime industrial land. Mr. Wormsbecker replied that there would have to be 5' to 6' of black dirt removed £irst. University Avenue is higher than the land so then it would , have to be brought back up to grade. This would make development costs qui�.e high. Mr. William Barbush is also tired of paying the taxes on his property and would like to see it developed in some way. If there were to be a shopping center in there, there would also have to be people living in the area, as people shop close to where they live. He said that he thought Fridley already has too much industrial, and needs more commercial. He said that he has a national motel that wants to come in, and they would need a liquor license. Councilman Harris answered that Mr. Wormsbecker is entitled to his opinions as he is to his. The Council is here to promote tax producing entities for the City of Fridley. The Fridley Industrial Development Commission feels that this is good industrial land. Mr. Wormsbecker felt that industry, when looking for a suitable site, would by-pass the low land and go further north for a good site cheaper to develop. The freeways of today make distance not of prime unportance. Mr. Barbush said that he owned Parcels 2, 8& 9. He Yzad Thorpe Brothers work on an appraisal of this land and they informed them of the high water table, and that it was not adaptable to industry. This is why the plan was developed for nice apartment dwellings. Studies have shown that apartment houses are not detrimental to the school district, and improve the tax base. He said, however, that he could understand the City's rel�ictance to rezone considering the Open Space program. He could see no disadvantage, and possibly a strong advantage to having Parcel 9 below the Open Space area developed � with people living there. He said that he would be willing to se11 Parcels 2& 8 z£ approved for Open Space, and in the meantime, would like to proceed with the development of Parcel 9. Across University Avenue, in 5pring Lake Park there are apartment houses going up, while Fridley is standing still. He felt that an apartment house would better abut the Open Space area than an industrial plant. , ', �� ,l ',,, REGIILAR COUNCIL MEETING OF SEPTEMBER 2� 1969 PAG� 10 � Councilman Harris said that asking for a rezoning on Parcel 9 is unrealistic in the middle of the other lots, Mr. Barbush answered that they only started with Parcel 9 as 2, 3, 7& S may become park land. He then asked the Council to wait with their decision upon the rezoning until all the facts are before them concerning the park land. 3. LOT SPLIT REQUEST BY FRANK DIRCZ, L.S. ,�69-20: Combine 10' of Lot 29 with Lot 30, Block 1, Plymouth Addition Mr. Gordon Jensen representing Mr. Frank Dircz explained that Mr. Dircz owned Lots 28, 29 and 30, Block 1, Plymouth Addition. The house is on Lots 28 and 29 and Lot 30 was acquired in 1963. He is proposing to take 10' off Lot 29 and add to Lot 30, and has already obtained the necessary variances from the Board of Appeals. They were also approved by Council and do exist. As 49th Avenue is quite heavily travelled, the driveway would not exit on that street, but would probably exit onto 3rd Street. Mr. Dircz has gone around to the neighbors and obtained a petition in favor of the lot being developed. It is felt by the residents to be in their best interest to have a house on this lot. Mr. Diraz' parents are quite old and he would like to move them into a house close to him. He is now faced wrth payment of a $400 assessment, has had to maintain the land and would now like to use it. He then came forward and presented the Council wlth the petition. PETITION #37-1969 - IN FAVOR OF L.S. #69-20 BY FRANK DIRCZ. � (Petition #37-1969 was received by the Council at the Meeting of August 18, 1969) Councilman Harris asked what the total area is that Mr. Dircz owns. Mr. Jensen said 115' X 128'. He said that there a.s plenty of side yard, and Mr. Direz is willing to give easements as necessary for a driveway. The only problem he could foresee was that the neighbors would fear that by allowing a house here that the area could become a slum, but this problem has not materialized as shown by the petition in favor of the development of the lot. Councilman Lieb1 pointed out that most of the lots in that area are 40'. There is some hardship shown, and since the Board of Appeals granted the variances, and the Council accepted the Minutes, he felt that the Lot Split should be approved. Without the Lot Split, the land is useless. The Suilding Inspector would still have to go over any house plans submitted. This would help to clean up this area. MOTION by Councilman Shera.dan to grant the Lot Split requested by Frank Dircz for splitting off 10' from Lot 29 and adding it to Lot 30 for the utiliza- ta.on of that lot, with the Administration to direct which way the house and qarage will face. Seconded by Councilman Liebl. Upon a roll call vote, Liebl and Sheridan voting aye, Kirkham, Harris, and Samuelson voting nay, Mayor Kirkham declared the motion FAILED � DISCUS5ION OF MINING PERMIT FOR LEONARD COCHRAN The City Attorney reported that he had drawn up the agreement as it appears in the Council Agenda. The agreement has already been signed by Mr. & Mrs. Cochran. As the Council knows there have been discussions with Mr. Cochran for some time. At the Council instructions, court action was started. „�� { � y � .,�' REGULAR COUNCIL MEETING OF SEPTEMBER 2, 1969 PAGE 11 There were also some tags given to trucks hauling out of the pit. Mr. , Cochran originally contended that he did not need a mina.ng permit because he started his mining operation before the min�ng ordinance was adopted. Later, Mr. Cochran and his Attorney met with the City Engineer and himself. The proposal that ensued was that Mr. Cochran was to apply for a mining permit and submit to the City a mining contour map and a paper showing that he would develop the pit to these contours withzn a certain amount of time. This agreement was prepared after consultation with Mr, Cochran's Attorney and includes a time limrt for completion of development on or before Decem- ber 31, 1969. Councilman Samuelson said that he had looked the agreement over and would suggest the inclusion of the words "proposed"grades as submitted "and approved by the City” on the topographic map. This is the last line of Section 4. The City Engineer said that he would like to make a few comments in regard to the grades. In 1967 some grades were submitted. The revised p2ans show the center of the property to be 13' lower than proposed preaiously. It is hard to envision how there can be homes built on it. There will be a defi- nite need for a storm sewer system. The grades wi11 be much more severe than previously proposed. There is not much material left, and some more will have to be hauled back in. Councilman Sheridan asked if this is compatible with the property to the west. The City Engineer said yes, to some degree. Councilman Sheridan asked if there is a plat on�record. The City Engineer � said that some of the land was platted and some was left as an outlot. This is part o£ the outlot. Councilman Samuelson wondered about putting homes in there. The soil would have to be compacted. Would there be density tests required� She City Engineer agreed that there would be problems with aom- paction. He has to fill as it exists now. Under normal conditions he would not recommend approval, however, it is very bad now and being brought up to the contour map submitted would be an improvement. Within 300' there is a drop of 30'. This is about a l0o grade. In the Platting Ordinance only a 6o grade is allowed for streets. He asked what other choice is there. The City Attorney added that in some cases the aourts have ruled that a mining operation was there by a pre-existing use and the owner has the right to continue the gravel mining operation. In other cases, the courts have given the Council the right to regulate the gravel mining operation. He would recommend that the agreement be approved, as if it went to court, and the �udge ruled that he has the right to mine gravel by a pre-existing use, he could dig a deep hole, then walk away from the property. The City Engineer stated that the first application was approved, a letter was written to Mr. Cochran listing the stipulations, including a bond, but he never submitted the bond. I£ Mr Cochran could be done by the 31st of Decem- ber, the paper work will not take long. Councilman Sheridan asked if he will submit a plat. The City Attorney said that this is not part oE the agreement. MOTION by Councilman Sheridan to approve the agreement as amended by the suggestions of Councilman Samuelson. Seconded by Councilman Samuelson. , The City Engineer said that there should be one more condition imposed. There is right of way needed for the improvement of 61st Avenue at the south end. This would put the road through to Amber Oaks Addition. Approximately ��, � � � REGULAR COUNCIL MEETING OF SEPTEMSER 2� 1969 PAGE 12 � 3/A of the land required is already dedicated Councilman Samuelson pointed out that Mr. Cochran was unhappy with this road when it was discussed before because of the off-set. The City Attorney said that this was not discussed when the agreement was drawn. Mr. David Hubers, of Amber Oaks Addition said that they had tried a number of tunes to get this easement from Mr. Cochran but to no avail. This would seem an appropriate time to obtain it. Councilman Liebl added that at the time of the Hearing for the final plat it was brought out that there must be access and condemnation would have to be gone thzough if necessary. The Actinq City Attorney was instructed to see about the easement at that time. MOTION AMENDED by Councilman Sheridan to add a condition onto the agreement for the dedication of the N�, of 61st Avenue between Stinson Boulevard and Fridley Street except that portion already dedicated. The motion was seconded and upon a voa.ce vote, all voting aye, Mayor Kirkham declared the motion carried unanimously. TAE V�TE UP�N THE MOTIQN, being a voice vote, Kirkham, Liebl, Sheridan, and Samuelson vota.ng aye, Harris voting nay, Mayor Kirkham declared the motion carxied. Councilman Harris voted nay as the contour map does not meet acceptable Engineering Standards. , RECESS. Mayor Kirkham declared a 15 minute recess,at 1Q:05 P M. RECEIVING THE MINUTES OF THE BUILDING STANDARDS - DESIGN CONTROL SUBCOMMITTEE MEETING OF AUGUST 21, 1969: l. CONSIDERATION OF A AEQUEST TO REMODEL EXISTING BU2LDING LOCATED AT 6041 UNIVERSITY AVEPSUE N.E., THE SAME BF.ING LOTS 20, 21� 22, AND THE S'i OF 23 BLOCK 4, HYDE PARK ADDITION. (R�QUEST BY MELS VAN-O-LITE, 3035 CENTRAL AVENUE N E., MINNEAPOL25, MINNESOTA 55418)- The City Engineer explained the stipulations imposed by the Subcommittee. MOTION by Councilman Harris to grant the request wrth the stipulations imposed by the Subcommittee with the adda.tion of a sidewalk agreement. Seconded by Councilman Liebl. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously. 2. CONSIDERATION OF A REQUEST TO CON5TRUCT AN ADDITION TO EXISTING SERVICE STATION LOCATED ON PART OF LOT 1, AUDITOR'S SOBDIVISION #25, THE SAME BEING 5696 HACKMANN AVENOE N.E., FRIDLEY, MINNESOTA. (REQUEST BY PURE OIL COMPANY, 4940 VIKING DRIVE, AIINNEAPOLIS. MINNESOTA 554351: � The City Engineer said that this is fox an expansion onto the existing gas station located on the east side of T H. #65. They want to add an additional bay. He said that he would work with them toward 'ehe loop back in this area They are agreeable with the plans presented to them. Mr. D.S Egerer was present and said that they would like to get the loop back as close to the property line as possible. He said that their Engineer ����� REGULAR COUNCIL MP�L.TING OF SEPTEMBER 2, 1969 has met with the City Engineer to accomplish this. PAGE 13 MOTION by Councilman Liebl to approve the request sub7ect to the conditions imposed by the Subcommrttee and the a,et�iisition o.f the agreement for the loop back. Seconded by Councilman Harris. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously. 3 CONSIDERATION OF A REQUEST TO CONSTRUCT A 294 APARTMENT COMPLEX TO BE LOCATED ON LOTS 1, 2, 3� 4, 5, AND 6, BLOCK 2, PEARSON'S 1ST ADDITION AND PARCEL 8400, S�� OF SECTION 3, T-30� R-24, ANOKA COUNTY, MINNESOTA, THE SAME BEING 7805, 7825, 7845, 7855, 7875, AND 7895 EAST RIVER ROAD, FRIDLEY, MINNESOTA. (REQUEST BY N. CRAIG JOHNSON, 4517 OXFORD AVENUE� MINNEAPOLIS, MINNESOTA) The City Attorney reported that last Priday there was a preliminary motion. The Court permitted these people to intervene and advance the schedule as much as is possible. The City Engineer said that there were only small changes made since the Council last saw the plans. As before, there will be right turns off East River Road and right turns onto East River Road going north, but no left turns. All left turns must be made at 79th Way. There will be an additional lane provided. Mr N. Craig Johnson said that he would like to get the plans approved, although obviously he could not get a building permit until after the court case is settled. He asked if rt was possible to get a building permit sub�ect to the outcome of the court case. The City Attorney said that it would not make any difference The City Engineer said that he thought it best £or Mr. Johnson to come back wsth his plans after the case is settled and request a building permit for the first building. MDTION by Councilman Harris to approve the general concept of the plans, sub�ect to the pending court case. Seconded by Councilman Sheridan. Upon a voice vote, Kirkham, Harris and Sheridan voting aye, Liebl voting nay and Samuelson abstaining, Mayor Kirkham declared the motion carried. 4. CONSIDERATION OF A REQUEST EOR THE APPROVAL OF THE GENERAL LAYOUT OF A TRAILER HOME SALES OPERATION AS WELL AS THE AESTHETICS OF TAE PLOT PLAN AND TE3E TRAILER TO BE USED AS THE SALES OFFICE AT 7151 HIGHWAY #65. (REOUEST BY CASTLE MOBILE HOMES, HIGHWAY #52, OSSEO. MSNNESOTA): The City Engineer refreshed the Council's memory by reporting that Castle Mobile Homes received their special use permit and sign permit Suly 7, 1969. Now they are requesting approval of the plot plan. They are already in operation, however, there is some minimal work that they must do. MOTION by Councilman Harris to grant the request sub7ect to the Subcommittee's stipulations Seconded by Councilman Sheridan. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanunously. RECEIVING THE MINUTES OF THE BOARD OF APPEALS MEETING OF AUGUST 27� 1H69: �70TION by Councilman Lieb1 to receive the Minutes of the Board of Appeals Meeting of August 27, 1969. Sewnded by Councilman Samuelson. Upon a voice vote, all ayes, Mayor Kirkham declared the motzon carried unanunously. � � � i� I� _,_ REGULAR COUNCIL MEETING OF SEPTEMHER 2, 1969 PAGE 14 � RECEIVING THE MINUTES OF THE PARKS AND RECREATION COMMISSION MEETING OF AUGUST 25, 1969: Councilman Harris stated that about 2 years ago this Council decided unanimously that they should start to look into the possibila.ty of open space acquisition. The land was appraised, then the Administration was asked to prepare an application for a Federal grant to see if the City of Fridley could meet the requirements for a grant. The City Manager prepared the application, made a trip to the Metropolitan Council to gain their approval and also to the peopLe handling the funds for Federal dispersement There was much time and work involved. The Metropolitan Council approved of the request although there were only abou� S out of 60 approved. Fridley has had the three approved, the North Park area, the Spring Lake Park area, and the Rice Creek area. The Federal Government has agreed to pay '�, although first the City has to provide the money, then they get reimbursed by the Government. The State will also pay approxunately 25%. The City Manager added that the State grant will fluctuate more than the Federal grant and may be up to, or less than 25%. Councilman Harra.s said that he had appeared before the Parks and Recreation Commission to explaa.n these grants as there are some new Members of the Commission. There is a motion asking to have the three parcels appraised. He was very elated with the grants, considering the volume of applications the Government receives. � MOTION by Counca.lman Harris to concur with the Parks and Recreation Comm7-ssion and ask that the three parcels be appraised. Seconded by Councilman Sheridan. Councilman Sheridan asked if the Rice Creek area referred to is not the area where the City has already obtained some land, such as the Fontaine and Siverts property. Councilman Harris said yes. The City Manager added that the reason for the grants was that the srtes will enhance the overall Metro- politan area. The large parcels are their concern. The smaller ones are considered to be a local responsibility. Councilman Liebl asked what the procedure was. The City Manager said that first the land has to be purchased, then the Federal Government reimburses the Crty with '� of the cost. The State grant will probably be after the Federal money is received. He said that the people responsible for the State dispersements cautioned him not to figure on the whole 250. Councilman Liebl asked how much was allowed in the 1970 budget for the land acquisition. The City Manager said that the budget is not that far along and it wzll depend on where the money comes from. Councilman Samuelson pointed out that the City Manager needs the concurrence of the Council to program the expenditure into the 1970 budget. The City Manager stated that the Government will mail the exact procedure to be used for the appraisals. THE VOTE UPON THE MOTION being a voice vote, all votinq aye, Mayor Kirkham declared the motion carried unanimously. � Councilman Harris told Mr. Barbush that there may be some action taken on the land he is interested in before �oo long. Mr. Barbush said that if �.his plan can be implemented, he was sure it would be an asset to the City of Fridley. He was glad to see something being done with the land. He com- mended the City Manager for the 7ob he has done, because getting things through Washington is not easy. � � ,� REGULAR WUNCIL MEETING OF SEPTEMSER 2� 1969 PAGE 15 Councilman Harris asked about acquiring the other 5pring Lake property talked about before. The Finance Director said that everything is ready, authorization is needed from the Council to proceed. MOTION by Councilman Sherzdan to ask the Administration to go ahead with the purchase of the Sprzng Lake Park property. Seoonded by Councilman Samuelson. Upon a vcice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously. MOTION by Councilman Harris to concur with the naming of the parks as sug- gested by the Parks and Recreation Commission, which are: the park located at Jackson Street and Kennaston Drive as Meadowlands Park and the park lo- cated at Broad Avenue and Hugo Street as Spring Brook Park. Seconded by Councilman Liebl. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unainunously. Councilman Samuelson felt that there should be some acknowledgement to the Lions for their donation of a shelter building for Locke Park. He suggested a Certificate of Appreciation be presented. The rest of the Council con- curred RECEIVING BIDS AND AWARDING CONTRACT - SREE B�AUTIFICATION PROGRAM Bids opened September 2, 1969 Sidder Bob's Produce Ranch Linden Ash Honey Maple Maple Locust Silver Summer $39.95 $26.95 $56.95 $26.95 $39.95 Alternate (Shrubsl Amur Maple $5.45/plant Claveys Dwarf Honeysuckle $4.95/plant Winged Evonymus 6.95/plant Wiegela Venicek 5.45/plant Szlver Buffaloberry No Bid (Not recommencZed)Potentilla TacY,man 5.45/plant Common Purple Lilac 5.45/plant Zabels Honeysuckle 5.45/plant Councilman Liebl asked how the trees planted last year turned out. Councilman Samuelson said that they carry a one year guarantee and he thought that about 6 or 7 had to be replaced. As the letter from the Parks Director states, he had recommended that shrubs be placed on the bid to be used as an alternate. 'Phis will give the Director moreleaway in planning the parks. He can order shrubs to equal the cost of trees for some of the parks, as some of the parks have adequate trees. MOTION by Councilman Liebl to award the bid for tree beautification to Bob's Produce Ranch, with the option of planting shrubs as an alternate, and allowing the Parks Director leaway in planning the landscaping of the parks. The motion was seconded and upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously. CONSIDERATION OF CONDEMNATION AWARD ON 73RD AVENUE BETWEEN CENTRAL AVENUE AND T,H. #65: The City Engineer said that he felt that this was very expensive. The condem- nations along 73rd Avenue will run over $20,000 and wi11 probably be closer � � �� � REGULAR COUNCIL MEETING OF SEPTEP4BER 2, 1969 PAGE 16 � to $24,000. Lots 1 and 2, Block l, Central View Manor are to be used for the loop back behind the gas station, well and booster station. The City Attorney said that this is very expensive land There were three good ap- praisers. The City could appeal if they want to but in his opinion, he did not think that it would do any good. The property owners have expressed dis-satisfaction also on the award, as they did not think that the award was high enough. The City Engineer felt that it would be hard to �usti£y the cost of the right of way acquisition for the service road in the street pro7ect, even though � of the cost is picked up from the utility fund and =, from the stxeet improvement fund. MOTION by Councilman Liebl to proceed with the condemnation award. Seconded by Councilman Samuel.son. Upon a voice vote, Kirkham, Liebl, Samuelson and Harris voting aye, Sheridan abstaining, Mayor Kirkham declared the motion carried. The City Engineer then presented the appraisers' bills from F.N. Shaffer, Curtis O. Larson and Albert Kordiak amounting to a total of $2900. MOTION by Councilman Samuelson to pay the appraisers fees as presented. Seconded by Councilman Liebl. Upon a vol.ce vote, all voting aye, Mayor Kirkham declared the motion carried unanimously CONSIDERATION OF COMMUNICATION FROM GEORGE M. HANSEN COMPANY - AUDIT FOR � THE YEAR 1969, AND MEMO FROM FINANCE DIRECTOR: The Finance Director reported no complaints with this company. Mayox' Kirkham commented that he felt that it was a good policy to have the same company at least two years running. �10TION by Councilman Samuelson to appoint the George M Hansen Company for the 1969 audit. Seconded by Councilman Sheridan. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously FIRST READING OF AN ORDINANCE AMENDING CHAPTER 46 OF THE CITY CODE PERTAINING TO EXCAVATIONS AND CONSTRUCTION ON OR OVER EASEMENTS OR PRIVATE PROPERTY AND REQUIRING CONTRACTOR OR PROPERTY OWNER "STATEMENT OF UN➢ERSTAN➢ING": Mayor Kirkham said tbat this represents another pro7ect well done by the City Manager. He recalled the lengthy ordinance proposed by the Minneapolis Gas Company. Councilman Samuelson added his compliments. MOTION by Councilman Sheridan to appxove the Ordinance on first reading and waive the reading. 5econded by Councilman Liebl. Upon a roll call vote, 3amuelson, Sheridan, Kirkham, Liebl, and Harris voting aye, Mayor Kirkham declared the motion carried unanimously. Mr. Richard Harris asked what this Ordinance entailed. The City Manager gave him a short explanation. � > �F _ � `� '' '�- �, G REGULAR COUNCIL MEETING OF SEPTEMBER 2, 1969 PAGE 17 RECEIVING APARTMENT HOUSE STUDY FROM ENGINEERING PLANNING DEpARTMENT: MOTION by Councilman Lieb1 to receive the apartment house studp. Seconded by , Councilman Harris. Upon a voice vote, a11 voting aye, Mayor Kirkham declared the motion carried unanunously. Councilman Samuelson commented that this apartment survey was nicely put together and conszsted of excellent background material. The City Engineer said that four copies of the survey were supplied to each school district within Fridley and his department is still waiting for their return with the school children information filled in by them APPROVING CHANGE ORDER #4, ST. 1969-1 AND ST, 1969-2: MOTION by Councilman Harris to approve the Change Order #4 for Street Improve- ment Pro�ect 5t. 1969-1 and St. 1969-2. Seconded by Councilman Liebl. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously. FIRST READING OF AN ORDINANCE REGULATING THE ERECTION, CONSTRUCTION, REPAIR ALTERATION, LCCATTON OR MAINSENANCE OF SIGNS AND BILLBOARDS G7ITHIN THE CITY OF FRIDLEY, PROVIDING FOR THE POSTING OF BONDS, THE ISSUANCE OF PERMITS, INSPECTION AND FEES, PROVSDING PENALTSES FOR V20LATIONS, AND AMENDING THE EXISTING CFIAPTER 56 (SIGNS AND BILL$OARDS) FF20M 56.01 TO 56.12 OF THE CITY CODE: MOTION by Councilman Liebl to approve the Sign Ordinance on first reading � and waive the reading, Seconded by Councilman Samuelson. IIpon a roll call vote, Kirkham, Liebl, FIarris, Samuelson and Sheridan voting aye, Mayor Pirkham declared the motion carried unanimously. RESOLUTION #153-1969 - A RESOLUTION TO ADVERSISE FOR BIDS FOR ONE NEW 150 C.F M. COMPRESSOR: MOTION by Councilman Harris to adopt Resolution #153-1969. Seconded by Councilman Sheridan. Upon a voice vote, a11 voting aye, Mayox Kirkham declared the motion carried unanimously. RESOLUTION k154-1969 - RESOLUTION REC�IVING A SUPPLEMENT TO THE PRELIMTNARY REPORT ON WATER UTILITIES, DATED AUGUST, 1969, AND ORDERING PLANS AND SPECIFICATIONS FOR WATER 3MPROVEAIENT PROSECT #95• The Crty Engineer explained that the reason for the supplement to the pre- liminary report is that the Minnesota Department of Health has approved the use of the dolomite formation in the locations proposed in the report. The supplement also gives a schedule of spending. Councilman Idarris asked Mr. DeWayne Olsen o£ Comstock and Davis, Tnc., Consulting Engineers, if his firm had ever given any consideration to involving a number of communities in some 7oint pro7ect for drawing water from the river. Mr. Olsen said that he did not think so. The number of oommunities using river � water �s very £ew. He was not sure whether or not this was discussed in 1959 when the City was first getting into the wells system. During low flow, such as during draught periods, drawing water from the river creates problems_ ��� �_ � � REGULAR COUNCIL MEETING OF SEPTEMB�R 2� 1969 PAGE 18 � Mx. Olsen showed a graph on the screen and fully explained the water flow and how the peak periods of June, July and August affect this flow. He then explained what is proposed in the supplement to the Preliminary Report on Water Utility, the theory of dxi£t wells, the advantages of dsift, Hinckley and Jordon wells and the advantages of the locations proposed. Mr. Richard Aarris asked if it was not costly to maintain the drift wells. Mr. Olsen replied that it is more costlp to maintain the deep wells. Mr. Richard Harris then asked how many Hinckley wells the City has. Mr. Olsen x'eplied 5. MOTION by Councilman Harris to adopt Resolution #154-1969 and instruct the City Managex to contact the neighbosing communities to poll their interest in a 7oint venture for drawing water from the river. Seconded by Councilman Liebl. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously. RESOLUTION #155-1969 - DIRECTING PREPARATION OF ASSESSMENT ROLL FOR STREET IMPROVEMENT PROJECT ST 1968-3� MOTION by Councilman Harris to adopt Re5olution #155-1969, Seconded by Councilman Lieb1. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously. � RESOLUTION #156-1969 - DSRECTING PUBLICATION OF HEARING ON PROPOSED ASSESSMENT ROLL FOR STREET IMPROVEMENT PROJECT ST. 1968-3; MOTIOSS by Councilman Harris to adopt Resolution #156-1969. Seconded by Council- man Samuelson. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously. RESOLUTION #157-1969 - RESOLUTION DECLARING THE NECESSITY FOR AN ADDITIONAL TAX LEVY IN ADDITION TO THE 30 MILL LIMITATION PROVIDED BY THE CTTY CHARTER SPECIFYING THE FIIRPOSES AND CALLING FOR A PUBLIC HP�ARING: MOTION by Councilman Liebl to adopt Resolution #157--1969. Seconded by Council- man Harris. Llpon a voa.ce vote, all voting aye, Mayor Kirkham declared the motion carried unanimously. RESOLUTION #158-1969 - RESOLUTION TRANSFERRING CASH ALdD INVESTMENTS FROM THE 1965 DISASTER FUND TO THE GENERAL FUND: MOTION by Councilman Samuelson to adopt Resolution #158-1969. Seconded by Councilman Harris. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion ca�'ried unanimously. REMAINING APPOINTMENT TO THE POLICE PENSION COMMITTEE: Councilman Sheridan apologized for the fact that he had not gotten a member � from his ward as ye�.. The Crty Manager said that the Police Pension Committee would like to get together as soon as possible. Councilman Sheridan said that he would try to get someone very soon. f� % �-� REGULAR COUNCTL NIEETING OF SEPTEMBER 2, 1969 PAGE 19 MOTION by Councilman Samuelson to concur with any appolntment Councilman Sheridan will make to the Police Pension Committee. Seconded by Councilman Harris. Opon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously. CLAIMS: MOTION by Councilman Liebl to approve payment of General Claims #18978 through #19172 and Liquor Claims #3643 through ,�3671. Seconded by Councilman Samuelson. Upon a voice vote, all voting aye, Mayor KiYkham declared the motion carried unanimously. LICENSES MOTION by Councilman Harris to approve the following licenses: FOOD ESTABLISHMENT Don's Gulf 5300 Central Ave, Pridley, Minnesota VENDING MACHINE Chisago Lakes Dairy Lindstrom Minnesota Stauffacher Rubbish Service 1724 County Road H2 Eridley, Minnesota TAXICAB Fridley Cab 5923-3rd St. N.E. Fridley, Minnesota HLACKTOPPING P & H Blacktopping 1040-73rd Ave. N. Minneapolis, Minnesota GENERAL CONTRACTORS Unsco, Inc 3307 Highway 100 North Minneapolis, Minnesota ig Donald Michaels H. Weinrick Miles G. Stauffacher Frank Gabrelcik Richard Holmberg Don J. McDOnald NEW NEW RECOMMENDED FOR A,PPROVAL BY Health Inspector Health Inspector Health Inspector Chief of Police Chie£ of Police sldg. Tnspector Bldg. Inspector � � � � � � � REGULAR COUNCTL MEETING OF SEPTEMBER 2, 1969 GENERAL CONTRACTOR Ben Wolke Gonst. Co. 251 Rice Creek Terrace Fridley, Minnesota By: Bernard Wolke HEATING . Reliable Heating Ix Cooling 744 Adams Street N. E. � Minneapolis, Minnesota By: David Diamond NAME ADDRESS h{orris Ovick 7083 Hickory Drive 5419 - 4th St. N. E. Fridley, Minnesota Ralph J. White 4840 Washington St. N. E. 5b44 - 4th St. N. E. Minneapolis, Minnesota Clifton Investment Corp. 5145 Woodlawn Blvd. 151 - 59'z Way N. E. Minneapolis, Minnesota Glen � Gladys Wilkes 290 - 61st Ave. N. E. 290 - 61st Ave. N. E. F�idley, Minnesota Ke�neth G. larson 6848 Knoll St. 35a - 75th Ave. N. E. Golden Valley, Minnesota � Holmquist Enterprisas 3608 Admiral Lane 450 - 75th Ave. N. E. Minneapolis, Minnesota Holmquist Enterprises 3608 Admiral Lane 476 - 75th Ave. N. E. Minneapolis, Minnesota Paul L. Sanden 2521 No. Ferry St. 6417 Highway #b5 Anoka, Minnesota AI1an G. Mattson 6320 Riverview Terrace 120 Mississippi Place Fridley, Minnesota John L. Matti 140 Mississippi P1. N. E. 137 Mississippi place Fridley, Minnesota A1lan C. Mattson 6320 Rivorview Terrace 157 Mississippi Place Fridley, Minnesota PAGE 20 RENEWAL Bldg, Insp, NEW UNITS 4 4 12 3 11 il 11 8 4 4 4 �_� � � � iieating Insp, ' FEE � 10.00 � 10.00 12.00 10.00 11.00 11.00 11.00 10.00 10.Q0 10.00 10.00 n ' � f �i �EGULA: COUIdCIL SI➢ETS�SG 0: SEPTEMBPR 2� 1959 PAG� 21 P40`�IOCS secon�{ed b�,� Councilman Samuelson. Upon a vo�ce vote, a11 voting aye, D�1aVor 't:irkham cleclared the motion carried ananvnously. � APPROVAL OF SSGN PPItNIT RL'OUEST GRACE P�VANGELICAL PREE CHUI�CI-S: MOTIOrd by Councilman Liebl to approve the sia,n pe;cmrt request uy Grace E�angel�cal Free Church. Seconded bp Counailrnan Sheridan. Upon a voice vot�, all :>oting aye, i�iayor Kirkhazn declared L-he motion carYied ur,aninouslp. FSRST READI�iG OF RN OR[)INANCE TO AMEI�D CHAPTEA 45, ZONING ORDIPSADTCE• �✓�OTIOr1 by Councilman Harris to approve the Zoning Ordinance on first reading and W7aive the reading. Seconded by Councilr.��an Sheric?an. Upon a roll call vote, Sheridun, Kirkham, Liebl, Harris and Sanuelson voting aye, Mayor Kirkha?a cleclared the motion carried unanimously. CGNSIDERALION OF THE CITY OF FRIDLEY BUDGET P'OR TIIE YEAR 1970. MOTIOTd by Ccuncil.nan Harris to table consideration of_ the 1970 City Budget. Seccn�ed by Councilman Samuelson. Upon a vo�ce vote, all voting aye, Mayor Kirkha.*n decl�red the motion carried unanimously. coruau�zcnmzotis: �. CITY AT^tORNEY REGHRDING SP°ING LAI:�' PARk DP.AINAGE MOTION by Councilman Liebl to receive the conununication from the Crty Attorney � aated August 28, 1969. Seconde3 by Councilman S�muelson, Upon a voice vote, all voting aye, Mayor Kirkham declared the motion ca�ried unanimously. IL was pointec� out that the City Engineer has been negottating for the last year ancl one haS£ wrthout any results to date. The C�,ty Attorney felt that as they are receptive, that it should be followed up. Councilman Harris volunteered to represent the Council in any meeti,�gs set up Por the resolve, ment o£ this problem. Mayor Rirkham accepted his offer. MOTIOT_7 by Councilman Liebl to concur in the appointment of Councilman Harris to be the Citl Council's representative in any raeetin�s wi�Lh Spring Lake Park tor the resolvement oF the storm sewer system for that area of Friuley located north of Osborne Road and west of Universrty Avenue. Seconded by Ccuncilman Samuelson. Upon a voice vote, all voting �ye, Nlayor Kirkhain declared the motion carried unanimously. B. CITY ATTO_RN�Y: LEGA.L OPINi014 REGARDIIVG EXPENDIZURE OF FUNDS 3Y IIQDUST�IZIL D�VF�LOPP4EPT COMPIISSION: Council�nan Liebl extended his thank you to the City Attorney for giving a legal opinion as to the propriety of the InclusL-rial Commission expending iunds £or a brochure relat�ve to the "Split Liquor" election. 140TION by Councilman Liebl to receive the com.munication from the City Attorney dated August 28, 1969. Seconded Uy Councilman Sheridan. Upon a voice vote, � all voting aye, Mayor Kirkham declared the notion carried unanimously. REGULAR COUDiCIL MEETIPiG OF SEPTEMHER 2� 1969 PAGE 22 � C. VILLAGE OP MOUNDS VIEW: ASSESSMENT PREPAID: MOTION by Councilman Harris to receive the communication from the Village of Mounds View dated August 28, 1969. Seaonded by Councilman 5amuelson. Upon a voice vote, all voting aye� Mayor Kirkham declared the motion carried unanimously. The Finance Dixector said that the money has been received and credited; however, they would sti11 receive a public hearinq notice on the assessments DISCUSSION OF METHOD OF ASSESSMENT FOR THE UNIVERSITY AVENUE EAST SERVICE ROAD FROM 69TH AVENUE T� 73RD AVENUE: The City Engineer presented a cost breakdown showing the total construction cost, items chargeable to Minnesota Transfer Railroad property, items chargeable to water utility and the costs to Anoka County. He asked if there was any reason fox a change in policy since last agreed upon. Councilman Harris said no, to proceed with the figures already agreed upon with the County. The City Engineer then asked about the assessment fox the improvement of 71st Avenue_ Can the parcel to the north of the Minnesota Transfer Railway be assessed� The City Attornep said that he could not see much difference. Both the right- of-way for the txacks and the parcel to the north are owned by Minnesota Transfer Railway. The only argument that could possibly occur would be if tracks were ever to be put in there. � It was agxeed by the Council to proceed with the improvement with the costs to Anoka County to be based upon the figures presented in a letter dated July 25, 1968 from Anoka County, signed by Bernard E. Steffen, County Administrator. MOTION by Councilman Liebl to concur with the report by the City Enqineer, received Septetnber 2, 1969. Seconded by Councilman Samuelson. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanunously. ADJOURNMENT: There being no further business, Mayox Kirkham declaxed the Regular Council Meeting of September 2, 1969 ad�ourned at 11 55 P.M Respectfully submitted, ��7_�� ✓ "%�'`�'.�. Ci �� G�G����- =� l�` "?{,��t �.- 7���<. � l .TUel Mercer % Jack O, Kirkham Secretary to the City Council 1 Mayor � I