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11/03/1969 - 00019151� � THE MINUTES OF THE RHGULAR COUNCIL ME�TING OP NOVEMBER 3, 1969 Mayor Kirkham called the Regular Council Meeting of November 3, 1969 to order at 7�43 P.NI. PLEDGE OF ALLEGIANCE: Mayor Kirkham xequested the audience to join the Council in saying the Pledge of Allegiance to the F1ag, INVOCATION Reverend Bergren, Redeemer Lutheran Church, offexed the Invocation. ROLL CALL: MEMBERS PRESENT; Kirkham, I-Iarris, Samuelson, Sheridan, Liebl MEMBERS ABSENT. None PRESENTATION OF AWARDS: � Mayor Kirkham presented D]r. Donald Batterson with a Certificate of Appre- ciation for his service on the Plats and Subdivis2ons � Streets and Utilities y Subcommittee, with the Council�s "TTiank You'. Miss Kristie Siverts, an exchange student back from Bangalore, India presented Mayor Kirkham with a plaque from the Mayor of Bangalore which she stated represented a typical example of the craftmansh3p of Bangalore. This was an exchange present for the introdurtory ccrtificate Miss Sivcrts took to Bangalore from the Mayor of Fridley. APPROVAL OF MINUTES OF THE REGULAR COUNCIL NI�IITING OF OCTOBER 20, 1969: MOTION by Councilman Samuelson to adopt the P4inutes of the Regular Council 6leeting of October 20, 1969. Seconded Uy Cowicilman Liebl, Upon a voice vote, all voting aye, Mayor Kirkham decLared the motion carried unanimously. ADOPTION OF AGENDA' Mayor Kirkham stated that there were sorne changes to be made in the �genda as £ollows Delete the Resolution on splitting assessments in Riverwood Manor Addition Tab1e the Commzttee appointments. Add 24A: Setting the date for the Canvass of Election Meeting Add 24B Discussion of blacktopping fm° Moore Lake Beach Parking Lot � G: Under Communications: Letter from Hennep3n County inviting the City of Fridley to �oin in a joint pu�^chasin� arrangement, MOTION by Councilman Liebl to adopt the Agenda as amended. Seconded by Councilman Samuelson. Upon a voice vote, there being no nays, Mayor Kirkham declared the motion carried unanimously„ � REGULAR COUNCIL AIHLTING OF NOVEMBCR 3, 1969 VISITORS "DAYPARCO", REPRESHNTED BY MISS DEBBIL HOLMQUIST PAGE 2 Miss Holmquist explained that she was here tonight as she is part of the Junior Achievement program The .Tunior Achievement program is set up so the high school students will learn about business by running corporations on a small scale In this way, they gain experience by actual participation, In the fall stock is sold to get the capital to operate during the year Then the product is manufactured and sold and the money returned to the stock holders with any profrt there may be She is part of the company called Dayton's Party Company tvhich w311 manufacture a type of party food. Mayor Kirkham has already bought shares and there are only five left and she would like to sell them to the remaining Councilmen. She felt that this would be good publicrty for her company. She then gave them an opportunity to buy the stock at $1.00 a share, and each Councilman bought a share along with the Finance Director, HERI�IAN KU[30W, 6654 EAST RIVER ROAD ' Mr Kubow said that his well has gone dry and he investigated hooking up and found that he would have to tunnel under �ast River Road as the water line runs on the east side of East River Road. At this time he would also have to pay a large sum for a sewer connection, although he has no lateral, hooks directly into a main, and has been hooked up for about 12 years. He said � that rt would cost him about $S00 to tunnel under the East River Road, hotaever, if there was a line on the east side, it would only cost about $100 The City Engineer said that A7r. I:uUo�a quoted a price of approximately $350 to tunnel under �ast River Road to the east side for the water connection, There are about 4 existing homes on the east side rahich eventually need City w�ter This man needs water immediately as his well is dry. He suggested �etting under the road and hooking on himself as he works for a plumber He has not heen assessed for sei�er and water laterals before. I-Ie feels that he should not hatie to pay this assessment, The Finance Director added that the property does have a charge if there is no lateral, then the charge would be the same as if there was a lateral. The sewer connection was made some years ago w�thout a sewer charge. Mr. Kubow said that he understood that if he did the caork himself, there would be no lateral charge. He asked if the City was exempt from the law that states that after a debt 3s 7 years old, it cannot be claimed. He said that the sewer is only 4� deep which is an illegal depth. Councilman Sheridan said that there is a sewer there, he does have service and the City is entrtled to levy an assessment, A9ayor Kirkham read the agreement aloud that Mr. Kubow had signed under protest. Mr, Kubow said that his protest is with the approximately $900 since the sewer has been in for some years. Councilman Samuelson said that he has been receiving, and will receive benefits from the sewer line and from the pumps, reservoirs, , etc The City Attorney said that he was not sure what the protest was, but that Mr. Kubow would be assessed in the same manner as everyone else in a similar circumstance If the ob�ection is to the amount, this would have to be settled in court, where it may be either upheld, abated, or taken off. � REGULAR COUNCIL MBETING OF NOVEMBLR 3, 1969 PAGE 3 � Mr Kubow said that he has come into City Hall many times with this problem and the City Engineer told him that if ]2e iaere to do the work himself, he would still have to pay a lateral asses>ment. b]ayor Kirkham told him that the Finance Directar has told him that some cozts would be credited to him. If the assessment is contested, the court will make the determination. Ile asked if he wanted to wait until it is >ettled Mr. Kubotia said that he has already started and has signed the agreement under protest Mayor Kirkham said that he has done everything possible at this t3me then and he could go ahead with the physical connection, BRUCE HAY, VILLAGE OF HILLTOP Mr Bruce Hay, from the Village of Hilltop said that he mas asked by the Village Council to come before the FridLey Council and ask for fire pro- tection at a rate of $3500 per year for a fivc year term MOTIDN by Councilman Samuelson to receive the communication requesting the fire protection dated November 3, 1969. Seconded by Councilman Harris Upon a voice vote, all voting aye, Mayo�° Kirkham declared the motion carried unanimously. blayor Kirkham told A7r Hay that the Fridley Council will take this matter under advisement. � ORDINANCE #439 - AN ORDINANCE UNDER SECTION 12 07 OF TI-I� CITY CIIART�R TO VACATE STREETS AND ALLEYS AND TO AM�ND APPEN�IX C OP THC CITY CODE (Country Kitchen Restaurant) D90TION by Councilman Harris to adopt Ordinance #439 on second reading, waive the reading, and order publication held up until receipt of the ease- ments necessary by the City, Seconded by Gouncilman Samuelson, Upon a roll call vote, Liebl, Flarris, Samuelson, Sheridan and Kirkham voting aye, Mayor Kirkham declared the motion carrie;d unanimously. ORDINANCE #440 - AN ORDINANCE UNDER SL•CTI�N 12.07 OF THE CITY CHARTER T� VACATE STREHTS AND ALLEYS AND TO AMEND PiPPENDIX C OF TH� CITY CODE• (Erickson Petroleum) MOTION by Councilman Sheridan to adopt Ordinance #440 on second reading, waive the reading, and order publication held wrtil the easements are received by the City Seconded by Counnlman Samuelson Upon a roll call vote, Samuelson, Sheridan, Kirkham, Liebl and Ilarris votina aye, Mayor Kirkham declared the motion carried unanimously ORDINANC� #441 - AN ORDINANCE AMENDING AND RECODIFYING CHAPTLR 45 OF TI]B FRIDLEY CITY CODE KIVOWN AS THE ZONING ORDINANCE The Crty Engineer presented maps showing, the areas of C-2 and other commercial areas left undeveloped within the City He said that there are � only a very few lots and open areas that are not the 25,OD0 square feet called £or in the amended zoning ordinance. The amended ordinance calls for 200 feet of frontage and 25,000 square footage within the C-2 and other commercial zoning districts This ordinance presented tonight incorporates these changes. The lot and setback requirements are found in Section 45 103 � RCGULAR COUNCIL MEETING OP NOV�MBCR 3, 1969 PAGE 4 Councilman Harris asked why there is re£erence to a"main" building. The ' City Engineer said that this was to differentiate from an accessory building I[e said that the maximum amount of land the building can cover is 40%, or 10,000 square feet Councilman IIarris commented that although this was initiated for the benefit of Hyde Park, it would be a benefit throughout the City A substantial structure should not be placed on a lot too small A9r Eldon Schmedeke asked if this would hinder any commercial already there The City Attorney said that if already established, it would 6e a non- conforming use, and would not affect them This is only for new buildings. Councilman Ilarris added that the lot si2e is changed, but not the use hI0TI0N by Councilman I-larris to adopt Ordinance #441 on second reading, waive the reading, and order publication. Seconded hy Councilman Samuelson h90TI0N by Councilman Sheridan to amend the Zoning Ordinance Section 45.103 that a lot area of any lot will be not less than 25,D00 square feet for one main building, and the Iot width will be not less than 200 feet Seconded by Councilman Samuelson. Opon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously. THE VOTL' upon the motion to adopt the Oxdinance being a roll call tiote, Kirkham, Liebl, Harris, Samuelson and Sheridan voting aye, Mayor Kirkham declared the motion carried unanimously � FIRST READING OF AN ORDIAANCL TO AMEND TI-IE CITY CODE OF TF1E CITY OF FRIDLEY, MINNESO'I'A BY MAKING A CHANGE IN ZONI�G DISTRICTS: (Hyde Park and City View) The City �ngineer said that this is the Ordinance the Council held the hearing on and showed the areas on the screen Lots 28, 29 and 30, Block 12 arc not included in the Ordinance Councilman Harris commented that the property will no longer exist after it is acquzred for right of way. Counc�lman Sheridan said that he felt that the action taken on the previous Ordinance should give the residents a degree of protection and that he was ready to act on the Ordinance, MOTION Uy Councilman Sheridan to approve the Ordinance on first reading and waive thc reading. Seconded by Councilman Liebl. Councilman Harris stated that he thought that the residents should be in- formed of the change in the zoning ordinance and that this would mean to them that there would probably not be sufficient land tmder one ownership for a sale �o a commercial developer and that they would by necessity have to �oin together for the sale of their property. I-Ie felt that this should be done before the second reading. He asked if this could be done The Finance llirector said that if the second reading were held December 1, 1969, there would be rime to in£orm the people. TIIE VOT� upon the motion, bcing a roll call vote, Liebl, Harris, Sheridan and � Kirkham voting aye, Samuelson voting nay, Mayor Kirkham declared the motion carried. �. R�GULAR COUNCIL D4EETING OF NOVEMBER 3, 1969 PAGC S � RESOLIITION #194-1969 - RESOLUTION ORDL-RING INPROVEMENT [1ND FIN�L PLANS AND SPECIFICATIONS AND ESTIMATES OP TH� COSTS THEREOP• STREET IMPROVE- MENT PROJECT ST. 1970-4 MOTION by Councilman Harris to adopt Re>olution #194-1969 Seconded by Councilman Liebl. Upon a voice vote, Liebl, Harris, Sheridan and Kirkham voting aye, Samuelson voting nay, Mayor Kirkham declared the motion carried �ISCUSSION REGAR�ING T1U0 HOIIR PARKING L[MIT ON FIRESIDE DRIVE The City Engineer pointed out that the Chief of Police has reviewed this and checked with the owner of the trailer court The memorandum from him on Page 33 of the Agenda indicates that the general feeling of the people is that they want it as it is now. D10TION by Councilman Harris to receive the communication from the people on Fireside Drive dated October 17, 1969 and the memorandum from the Chief of Police dated October 29, 1969 and concur with the City Engineer and the Chief of Police Seconded by Councilman Samuelson Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously CONSIDERATION OF HUMAN RELATIONS QUESTIONNAIRE The Finance Director stated that there v�as about $1D0 in the budget that ' could be used for the mailing out of the questionnaire Councilman Samuelson commented that going by the sample costs, this would leave them about $275 short. Councilman Harris suggested that it be sent out with the meter reading car�s. The cards could be in an envelope along with the questionnaire The Finance Director said that this would take some time as the water billing is done by 3istricts, and there are about 58D0 water users. Councilman Sheridan said that it seemed to him that it would� cost less to use a separate mailing The letters would not have to be stuffecl, �ust folded and a label attached, and the bulk mailing rate used Councilman Sheridan said that the cost of the wages could be eliminated by using organizations to do the work The League o£ Hiomen Voters he thaught would be willing to help with this cause A Representative of the Human Relations said that the committee would also be willing to help with the mailing. Mayor Kirl,ham asked what would be done with the replies. The Representative said that the findings would be inter- preted and a determination would be made on what is the most needed in this community. Mayor Kirkham said that he would like to think that the Crty of Fridley has the taelcome mat out to anyone who wishes to move into the City, regardless of race. He felt that it would bc almost impossible to answer some of the questions with a definite yes or no 1Ie wondered if this would not stir up a lot of heated comments T'he Representative said that their commrttee is trying to establish a program and without any specifics zt is hard to relate their work He said granted the questionnaire could be interpreted many ways. Councilman Sheridan said that he would agree with Mayor Kirkham, and that thexe is too much reference to "Negro" and should be changed to "minority". The Representative said that it is sub�ect to revision. � He pointed out that if a questionnaire is made too nebulous, you do not get a clear cut answer. If a citizen cared to qualify an answer, they are wel- come to do so Councilmen Harris and Samuelson agreed that a definite answer yes or no would be difficult. D7ayor Kirkham said that he would like to see it reworked before sending rt out He said that he would like to meet with the committee at their next meeting. As it is now he would have to b REGULAR COUNCIL MHETING OP NOVEMBER 3, 1969 PAGE 6 vote against it He said that he could see this type of questionnaire ' fostering racism and bigotry He sald that he has entertained other races in his home and he had a feeling that they would agree with him. Council- man Liebl agreed also that the questionnaire should include all minorities, He said that he did not see that this type of questionnaire would stir up any racism A Representative o£ the League of Women Voters said that as they looked at the questionnaire, they had much the same feeling as the concensus of the Council They felt that there should be more romm for comments, and that there should be a cover letter go out with zt telling ivhat the IIuman Relations intends doing wrth the information She also felt that there should not be any signatures requested hlrs Richard Pratt, 811 Rice Creek Terrace, said that the churches in Roseville and New Brighton sent out this typc of a questionnaire and she did not think it aroused any strong feelings She said that she would agree that the word "minority" should be used, and added that she understood that the schools are also interested in this questionnaire. A40TION by Councilman Harris to table consideration of this questionnaire and bring it back after the Human Relations Committee has met again Seconded by Councilman Samuelson. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously. CONSID�RATION OF REGIST�RED LAND SURVEY, GLORGETOWN APARTMENT AREA, MR. � MAURICE FILISTER The City �ttorney introducted Nlr. Sam Caplan, Attorney for Mr Filister and said that Mr. Caplan, h1r. Filister, the City Manager and himsel£ had had a meeting somc time ago regarding the registered land survey and the traffic pattern Mr, Caplan would lzke to request that the registered land survey be considered as a separate item from the dedication of the land for the roadway. b1r. Caplan said that Mr. Filzster purchased the land as one integrated piece of land. The financing of it made rt necessary to develop and finance rt in thxee s�parate phases. For the mortgage implementation rt is necessary that it be split up into three separate units The registered land survey was requested for this reason. The City Englneer then wanted A1r Filister to dedicate a street to this property, The registered land survey approval was made contingent upon the street dedication. It is questionable whether or not the Council's approval is necessary and it came about only because the Attorney General has stated that a Council should act on every redes- cription of land. A semaphore should be installed at this intersection without any other cars coming into the intersection. He said that this is their belief, hut they are not sure, and neither is the City Engineer, therefore his suggestion would be to have an independent study made and both parties agree to accede to the determination of an impartial third party on the determination of the traffic pattern. Tf it is found that the road is ' needed and wa ll not zmpair the Georgetown development in any way, they will make the dedication He pointed out that the City is always in a position to condemn the land The only question is whether they voluntarily dedicate the land and if the study shows that they should, they are willing to do so � REGULAR COUNCIL MEETING OF NOVEMBHR 3, 1969 PAGE 7 � Councilman Harris said that somewhere along the line it must be in writing that Mr, Filister will agree to dedicate the land if it is found to be in the best anterest of the City. Mr Cap1an said that the question should be if the intersection can reasonably take the in£lux of additional traffic The City Engineer said that they £eel that there should be two signals, one at 59'z Avenue and one at the Georgetotian entrance, The question should be whether there should be ttao signals, or only one and where �t should be located. If it 1s shotian that there is a need for tt✓o, there would be no need of the dedication. Councilman She�°zdan pointed out that the City and County have been trying to eliminate lejFt hand turns If the signal went in at 59'z Avenue there would have to also be somc type of service road. Mr Caplan said that this is what they wanted in the first place, but it cannot be done because of the apartment houses in the way. Councilman Sheridan pointed out that another consideration should be how far from I. 694 the signalization would be He said that speaking for himself, he has always ob�ected to registered land surveys. There is no provision for any dedi- cation of land for puhlic use as there _�s in a plat Councilman Liebl asked if there would be any difficulty in having the separate owners of the different blocks in the future in getting right of way. Each block is owned by a different mortgage company The City �lttorney asked if this would affect more than one parcel. Mr Caplan said two, but the fee owner is the same The City Attorney said that if the ownership was to be � in the hands of someone other than Mr Filister, an agreement was made, but Mr. Filister was no longer the fee holder of all the parcels, then the agreement would not be binding The City Engineer said that the signalization at the I 694 ramp and East River Road should be ready to go in in the middle of t�ie next year The intersection o£ the Geargetown apartments would not be the ideal location because o£ the proximity of I. 694. There is now a study being made on East River Road from L 694 to Rice Creek on the traffic patterns by a traffic consultant firm for the County. The City Attorney said that the concern of Mr Filister is tliat the traffic generated may be more than the signal would be able to handle. There may be a concentration at certain times of the day. He said that the idea of the third party determination is not a bad idea, The movement, concentration, and number should be factors to be weighed. Councilman Harris said that if the Council should see fit to approve the registered land survey, then the Administration should set forth some sort of criteria for Mr Filister, and he shc�uld have to live up to it, depending on the outcome of the studies. The City Engineer pointed out that the Minutes of the conversation are in the Agenda, and since that time Mr, Filister has built the garages and they were not built according to the plans submitted RIr Caplan said the reason � for this was because at the time the comment was made that the City could always condemn, and rather than lose an expensive building, the garages were moved on his advice. The City Attorney said that as Mr. Caplan has promised to abide by the decision of an independent third party, he did not feel that an agreement � REGULAR COUNCIL �IEETING OF NOVEMBER 3, 1969 PAGE 8 would be necessary He said that perhaps the consultant the County is using � would be adequate h9r. Caplan said in regard to the street, he would be willing to sit down with the City Manager and the City Attorney, and after the traffic study is made, the options tivill bc evident and they will abide by the determination Councilman Sheridan asked the Crty Attorney if he ever got any comments from the Registrar of Deeds concerning registered land surveys The City Attorney said that he had talked to the Registrar of Titles and they take the posrtion that they will not act on a registered land survey until the Council passes on them He is satisfied with th�s registered land survey, but will not act until the Council does. Councilman Sheridan said that it has been the policy of the Counci2 to require platting and he considered registered land surveys as a way around dedicating land for public use h90TI0N Uy Councilman Harris to approve the registered land survey and ask the Administration and the Filister people to agree upon the guidelines for the zndependent study of the area and the determination of the report will be the basis for action. Seconded by Councilman Samuelson. Upon a roll call vote, Liebl, Harris, Samuelson and Kirkham voting aye, Sheridan voting nay, Nfayor Kirkham declarcd the motion carried. CONSIllCRATION OF REQUEST FOR DWELLING ON LOTS 3, 4, AND S, BLOCK 5, CITY VIEW ADDITION The Crty Hngineer explained that this is the same land that was discussed � at the last meeting when a double bungalow was contemplated This is a 120' X 140' parcel, and they would like to put a house, along with a large garage on the land A1r Leslie Tranby is a roofer by trade and would liek to have the garage to store his truck and materials in, rather than rentino a garage somewhere else. They would like to know if they will have any trouble �etting a building permit before they purchase the lots. They would be building a large home with an attached garage with the detached garage in the rear Mr Tranby said that he planned on putting in a concrete driveway, His truck is 1%z tons The attached garage would bc to the east, and the entrance to the detached garage caould be off 57th Avenue. It would be 1'z' to 2' higher than a normal garage. Councilman Harris asked if there would be any de- liveries by semi h9r. Tranby said perhaps four times a year there would be shingles delivered. Councilman Samuelson commented that this would be more like a warehouse and in that case you are talking ahout M-1 zoning. NIr. Tranby said that this would be for storage only and there would be no work done from his home The garage is planned to be about 30' X 40'. Mr Carl Paulson asked if this is permissible The City Attorney said yes, if there is no visible signs of home caccupation; it must appear as a home. There must not be any scraps vis�ble Mr, Paulson wondered if there would not be ob�ections from the people in the area if they knew what was being con- templated He said that he could not see where this would be compatible ' with a residential neighborhood The City Attorney asked if he felt that this would be less desirable than a duplex. It is zoned R-2 now. Mr. Paulson said that he felt that this would be a downgrading situation, and would not be good for the neighborhood He pointed out that there are garages available � REGULAR COUNCIL b1EETING OF NOVEMBER 3, 1969 ��cr s � for rent for the purpose of the storage of trucks. A4ayor Kirkham commented that this was not the question, but ratlier if it is allowable under the Code. The City Attorney said that under R-Z zoning, a private garage with one accessory building per lot is permrtted iVrth each addiCional accessory building after the first, a special use permit is required. T'here is no size requirement on the accessory build�ng Mr. Tranby said that on the same block �here zs an apartment house with a large garage, He assured the Council that there would be no visible sign of running of the business from the home. The City Attorney asked if it was necessary for the garage to be that lar�;e. Mr Tranby said that it would be more comfortable. The house would be about 40' X 50' with a 20' X 22' attached garage. It will be a substant.�al home and the plans are for a split level, Mrs TranUy then showed tYte Council a picture of the house they plan to build. The City Attorney asked if there �vas any special hurry Mr Tranby said that they should know by the 15th of November, The Gity Attorney suggested that they could put down their earnest money contingent upon their obtaining a building permit. Councilman Harris felt that the plans should go to the Building Standards - Design Control £or consideration of the aesthetics. Councilman Liehl said that by ordinance, they must face 57th Place. A4rs. Tranby said that they had been informed of this Councilman Liebl said that he felt that this plan is superior to the plan for the double bungalow which � would leave Lot S to perhaps go tax forfeit The City Attorney suggested tabling this item to allow time to discuss the plans with the Tranbys, their attorney and somc of the neighbors It may be that an alternate plan, such as a large attached garage could be agreed upon MOTION by Councilman I-larris to table consideration of the construction of a dwelling on Lots 3, 4 and 5, Block S, City Vicw Addition. Seconded by Councilman Liebl Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously. FIRST READING OF AN ORDINANCE ADOPTING THE BUDGET FDR THE PISCAL YGAR 1970: MOTION by Councilman Harris to approve the Ordinance on first reading and waive the reading Seconded by Councilman Sheridan Upon a roll call vote, Harris, Sheridan, Kirkham, and Liebl voting aye, Mayor kirkham declared the motion carried. RECHIVING TH� MINUTES OF THE PLANNING CO�IISSION NiECTING OF OCTOBER 22, 1969: Councilman Liebl asked the City Attorney if he had ordered the transcript of the court case for the Planned Development District. The City Attorney said that he had. � MOTION by Councilman Harris to receive the hlinutes of the Planning Commission Meeting of October 2„ 1969. Seconded by Councilman Liebl Upon a voice vote, all voting aye, Mayor Kirkham declared t11e motion carried unanimously �� REGULAR COUNCIL M�ETING QF NOV�MBER 3, 1969 RECLIVING TH� MINUT�S OF TIIE BUILDING STANDARDS - DESIGN CONTROL SUB- COMMITTEE NIE�TING OF OCTOBER 23, 1969: PAGE 10 1 CONSIDERATIOA' OF A RHQUEST TO CONSTRUCT AN OFFICE AND MANUFACTURING BUILDING TO BE LOCATHD ON LOT 14, AUDITOR'S SUBD NISION �78, THE SA Councilman Liebl asked if the tanks will be hidden from sight from I 694 Mr Richard Spiegle oE LaMaur Inc. said that they may be seen slightly when approaching from the west, however, they are not very high tanks. He then presented the plans and an elevation of the proposed buildzng. MOTION by Councilman Harris to concur with the Building 6oard and approve the permit, sub�ect to the stipulations of the Building Board. Seconded by Councilman Samuelson. Upon a voice vote, all voting aye, A4ayor Kirkham declared the motion carried unanimously. 2 CONSI��RElTION OF A R�OUEST TO CONSTRUCT A SERVICE STATION TO BE LOCATE� UNIVLRSITY AVENUH N E. PRID The City Engineer said that normally the setback should be 35', but this particular parcel is a pecular shape and there are easements along the south side of the property. He said that Shell Oil preferred to put the back to the service road. He then presented the plans for the Council to appraise Councilman Liebl asked if the Building Board felt that the 10' rcar yard setback was adequate The Representative from Shell Oil said yes, and perhaps even desirable The Czty Engineer commented that he thought that it will be found undesirable to be so close to the road. A9ayor Kirkham commented that due to the circumstances, there was not much choice The Representative said that the plan is for a ranch-type of Uuilding to conform with Bob's Produce Ranch. They plan on using used 6rick Councilman Harris said that he felt that as the rear wall is readily visible, it should have some sort of treatment to make it more aesthetically pleasing, such as making it appear as a front of a building A possibility would be to use opaque glass windows, or maybe a fake door with an awning. The Representative said that this could be done MOTION by Councilman Harris to approve the permit sub�ect to giving the back of the building a treatment to make it look like a front of a building, and sub�ect to acquiring easements and a landscaping plan and other notations the Hngineering Department may have Seconded by Councilman Sheridan for discussion Councilman Sheridan asked what was the distance between T H. #47 and the service road The City �ngineer said about 210 feet to the pavement Councilman Sheridan said that then in about 210' there �vill be three curb cuts. The City Engzneer said yes, but there will be a median in Osborne Road for the control of traffic When the median goes in, then one opening for Shell Oil will be for entrance only and one for exit only. Councilman Sheridan said that he dad not feel that the iaesterly exit would be necessary. The Crty Engzneer said that the Shell Oil people strongly felt that this cut is necessary for the development of the gas station The Representative � � r�� 11 REGULAR COUNCIL MEETION OF NOVEMBER 3, 1969 PAG� 11 � felt that this would eliminate cross�over traffic and stacking. Councilman Sheridan said that it seems that this will create a greater hazard, and will be similax to Red Otvl on Mississippi Street and IIniversity Avenue. Council- man Samuelson commented that this will t�e similar to tihe Western Station across the street from Shell Oi1 Counc:ilman Sheridan pointed out that by Ordinance a curb cut can be no nearer than 75' from an intersection. The Representative said that this will be more than 75'. There followed a lengthy discussion of the direction of traffic flow and possibilities of control. THE VOTE upon the motion, being a voice vote, Kirkham, Liebl, Harxis and Sheridan voting aye, Samuelson abstaining, Dlayor Kirkham declared the motion carried D90TION by Councilman Sheridan to approve thc necessary variance o£ allowing the curb cuts closer than 75' to T.H. #A7 and the tivest service road, Scconded by Councilman Harris. �pon a voice vote, kirkham, Harris, Liebl and Sheridan voting aye, Samuelson abstaining, Mayor Kirkham declared �he motion carried. RECEIVING THE MINUTES OF THE BOARD OF APP�ALS MEE'fING OF OCTOBER 29, 1969 A REQUEST FOR A SP�CIAL USE PHRMIT, PER SECTION 45 16 PARAGRAPH 1, FRIDLEY CITY CODE, TO PERMIT THE ESTABLISLN�fENT OF A GOLF DRIVING RANGE TO BE LOCATED ON PARCEL 36D0, SECTiON 2. T-30. R-24. ANOKA COUNTY, � 1`111VlYLJVlt1� 1\1L JN�1L UL11YV IJ1VV V1Y1VliS�J111 L1Vli1VVli IV L�� 1'I�1LLL1� MINNESOTA [REQUEST BY ROGER M JONES, 185 CRAICBROOK WAY N E., PRIDLEY MTNNESOTA 55432)• Councilman Harris said that he felt that the special use permit should not be self perpetuating, but should be rene�aed every year. Mr Roger Johes said that the determining factor will be the speed at which the land develops to a higher use. As the surrounding land develops, their land will become more valuable, and eventually it will become too expensive to maintain a driving range and will have to be developed as something else Councilman I-larris sa�d that this special use permit should be an annual permit and they would have to come back for approval every year. M�°. Jones said that this is a 12'� acre tract of land and has been a swamp for many years and he felt that he deserved more than a 12 month operation He did not think that anyone could say within 12 months whether or not it will be a profitable business and whetlier or not it wi11 be out of place. Councilman Harris said that it would be a simple renewal unless there were things that needed attention such as ease- ments or assessments. A9r. Jones said that he would agree to this, but he would hate to operate for 12 months, and then not have his permit renewed Councilman Sheridan said that he agreed with Nlr, Jones. The C�ty should not be an a position wherehy lt can hold his permit renewal over his head aust because maybe the City will need something from him As the land becomes more valuable he wi11 not be able to afford to kecp the development as a driving range. This would he a substantial investment iNr Jones agreed that as the land closes in, the area itself will demand a change. He then showed � a sketch of his plans, and said that he did not want to spend the money on £inal plans until he knew that it would be acted favorably upon MOTION by Councilman Samuelson to approve the concept and instruct the Administration to tiaork with the applicant on the final plans Seconded by Councilman Harris Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously. �_ � RL'-GULAR COUNCIL NEETING OP NOV�b9BER 3, 1969 PAGE 12 The City Hngineer pointed out that there will have to be a Land Alteration Permit also and asked Mr, Jones to come into his office to make the application. A10TION by Councilman Liebl to receive the Dlinutes of the Board of Appeals b7eeting of October 29, 1969. Seconded by Councilman Sheridan. Upon a voice vote, all voting aye, Nlayor Kirkham declared the motion carried unanimously. R�CEIVING THE MINUTLS OF TH� PARKS AND RECREATION CODM�IISSION MLETING OF OCTOBER 27, 1969 MOTION by Councilman Samuelson to receive the Minutes of the Parks and Recreation Comnussion Meeting of October 27, 1969, Seconded by Councilman Liebl Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously. DISCllSSION OP H��RING HELD OCTOBER 27, 1969 BY NIETROPOLITAN TRANSIT CObmfISSION (Requested by Carl Paulson) Mr Carl Paulson gave about a 10 minute speech covering the points he made at the hearing conducted by the Metropolitan Transrt Commission October 27, 1969. RCSOLUTION #195-1969 - A RESOLUTIO� AUTHORIZING ACQUISITION OF ADDITIONAL EASEMENTS AND RIGHT OF WAYS POR WATER, SEWER AND STRECT IiNPROVEMENT PROJECTS: D70TION by Councilman Samuelson to adopt Resolution #195-1969 Seconded by Councilman Sheridan. Upon a voice vote, there being no nays, Nlayor Kirkham declared the motion carried unanimously. CONSIDEI2ATION OF APPOINTMENTS OF COMNIITTEE ON METROPOLITAN SECTTON OF LEAGUE OF D7INNESOTA M[INICIPALITIES MOTIQN by Councilman Samuelson to table this item and bring it back for the next Regular Council Meeting. Seconded by Councilman Sheridan. Upon a voice vote, all voting aye, Mayor Kirkham declared the motlon carried unanimously #196-1969 - RF.SOLLITION ORDERING IMPROVEA7ENT. APPROVAL OF PLANS AND HUVliR11J11VU PVR ll1UJ J1Rlili1 11`ICAVVliP�li1V1 CAVJLI.l J1. 1JUJ�1V MOTION by Councilman Harris to adopt Resolution #196-1969. Seconded by Councilman Samueslon Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously. DISCUSSION ALGARDING DIR1' ROAD CONNECTING REGIS LAN� AND M�TTERHORN BRIDGE� The City �ngineer explained that the letter in the Agenda was received by Action News. It is actually private land and not a dedicated roadway, however, the school buses use it The City does plota it in the winter and Ulades rt in the summer Cven if the City were to acquire the land, it could not be improved until the utzlities are in. Councilman Sheridan commented that this is about a 6D0' to 80D' stretch of road Councilman Ilarris asked how much it tivould cost to put in a temporary mat The City Engineer said for a 24' road and considering that it is clay area, about L J � � 1� REGULAR COUNCIL MEETING OF NOVEMBER 3, 1969 PAG� 13 , $2500 to $3000, Councilman Sheridan volunteered to call Mrs. Kowal, the lady who complained, and explain to hex that it is private property that cars and buses are using and that it would be illegal for the City to do anything unless the land is acquired. MOTION by Councilman Sheridan to receive the letter from Mrs S. W. Kowal, November 3, 1969 Agenda. Seconded by Councilman Liebl. llpon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously, CONSIDERATION OF REVISED REGISTERED LAND SURVEY, NORTHWEST QUADRANT OF MTSSISSIPPI STREET AND EAST RIVER ROAD: The City Engineer explained that this registered land survey has already been approved by the Council, but there is a slight change On the south side the City can only get 7i feet rather than 10 feet. MOTION by Councilman Liebl to approve the revised registered land survey for the NW quadrant of Mississippi Street and East River Road. Seconded by Councilman Sheridan Upon a voice vote, Kirkham, Sheridan, LieUl and Harris voting aye, Samuelson abstaining, Mayor Kirkham declared the motion carried, APPOINTMENTS: CITY EMPLOYEES. Kathleen Schmitz Accounting Maching � Operator Barbara A Ridout Accounting Clerk Special Assessment Division Florence Engelbrecht Accounting Clerk Water Department Shlrley M. Lennox 6550 East River Road Fridley, Minn. 55432 Liquor Store Clerk Off-Sale - Rotating Clerk Accounting Machine Op ex at or Liquor Inventory Clerk Clerk-Steno, Parks and Recreation Department Union Scale $366 Replaces Per Kathleen b9onth Schmitz $366 Replaces Per Virginia Month Rennix $340 Replaces Per Mary Lou Month Crickson MOTION by Councilman Harris to approve the appointments. Seconded by Councilman Samuelson. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously. CLAIMS A70TION by Councilman Harris to approve payment of General Claims #19631 through #19750 and Liquor Claims #3830 through #3866 Seconded by Council- man Sheridan Upon a voice vote, all votxng aye, Mayor Kirkham declared � the motion carried unanimously. LICENSES MOTION by Councilman Liebl to approve the following licenses �� REGULAR CO�i�GIL ML�TING OF NOVEM&rp 3, 19G9 BLFlCI�TOPPSNG n'f00RE LAKE BEACH PARt:INC LOT PAGH 16 Tt�e �inance Director reperted t11at there �n�ere still some funds left in the Parks and Recreation budget and they would like to blacktop the A9oore Lake Beach parking lot, iv10TI0N by Councilman Samuelson to approve the 61ad<topping of the hqoore Lake Beach Parkinp Lot and add it to Street Improvement Projer_t St. 1969�1 anu St 1969-2, by Change Order. Seconded by Counc�Iman L�ebl. Upon a voice vote, all votting aye, Mayor lcirkham declared the motion carried unanimously coNm�unzc,��rzo�s • A PONALD dVESCOM: REOUrST RET,�INII�IG NdALL TO PREVENT DAMAGE Councilman Liebl said that he would like to see a retaining wall installed, otherwise, there will be flooding of the street The City Enaxneer said that the water is contained on the street �nd goes to the storm sewcr The property on the south has a�arage buYlt "s feet into the drainage easement. He felt that there would be no problem with washouts or drainaQe. A1rs, lVescom insists that a retaining wal] is necessary but he said that he did not think so. it woul�l cost about $2D0 to $25D £or the wall. If there is a proUlem, it is more serious on the north side, so if a retazning wall were to be nut in, tiiere would have to be one on rhe nortli side also. The slope will be gradel and seeded and the curUs will be going in later, He added that to put in the retaining walls would be about $15Q0 for both sides, Councilman LieUl said that he would still like to see the retaining wall put in to protect the street The City Hnginee�� said that it can be done if the Counczl wishes, naturally it would make blrs Wescom's yard look nicer h10TI0N by Counczlman Samuelson to receive the communication from Mr, $ b4rs 6onald l+lesco�v, ll7 Mississzrpi °lace N E dated October 13, 1969 and direct the Administration to solve the problem with either seeding, sodding or tI�e retazning wall. Seconded by Councilman Sheridan, Upon a vozce vote, all vot�ng aye, Mayor kirl.ham declared the motion c�rried unanimously, B SPRING LARL' PARK RESOLUTION, SPEED LID9IT ON OSBORNE ROAD (COUNTY ROP,D 31s) P�tOTIOtd by Councilman Harris to receive the Resolution #133 dated October 6, 1969 from Spring Lake Park and instruct the Administration to place Osborne Road under radar surveillance and submit a report back to the Council. Seconded by Cotaicilman Sheridan Upon a voice vote, all voting aye, D4ayor kixkham declared the motion carried unanimously. C. GRL-AT NORTIIEP.N RAILWAY. AGREEING TO DEDICATION OF LAND �D CflSLPi�NTS• t�fOTION by Cowzcilman [larris to receive the communication from Great Northarn Railway dated October 28; 1969 and execute the documents. Seconded by Counczlman Samuclson Upon a voice vote, all votina aye, Mayor Kirkham declared the motion carried unanimously � � � � L.J � RHGULAR COUNCIL M�ETING OF NOVE61BER 3, 1969 D BARNA $ GUZY. ISSUANCE OF PERMIT TO MR. K.L IIAGEN PAGL 17 The City Attorney reported that he has talked to Mr. I-Iagen on several occasions and he agrees that the primary pro6lem is with the contractor. When the utilities were put in, perhaps some of the settling may have come £rom this. The City Attorney said that before he would reach any agreement, he would need some further testimony, He said that there is a question of whether there was proper investigation of the soil conditions and whether there were proper £rost footings. MOTION by Councilman Harris to receive the communication from Barna �, Gu�y, dated October 28, 1969 Seconded by Councilman Liebl. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously. E. MIKE 0'BANNON� REQUEST FOR VAC�TION OF STR�ETS IN HEATHER HILLS ADDITION The Crty Engineer said that he is conforming wzth his plat and told Mr. 0'Bannon that he could get one permrt to start if he wished under the Ordinance MOTION by Councilman Samuelson to set the Public Hearing date for the vacation of streets in Heather Hills Addition for December 8, 1969, Seconded by Councilman Liebl. Upon a voice vote, all voting aye, N]ayor Kirkham declared the motion carried unanimously F. WOODCREST PTA DISAPPROVAL OF OSBORNE ROAD SP�GD LIMIT MOTION by Councilman Harris to receive the communication from 4Voodcrest PTA dated �cCOber 28, 1969. Seconded by Councilman Samuelson. Upon a voice vote, all voting aye, Nlayor Kirkham declared the motion carried unanimously. G. HENNEPIN COUNTY' POSSIBILITY OF JOINT PARTICIPATION IN PURCIIASING MOTION by Councilman Samuelson to receive the communication from Hennepin County, Purchasing Department, dated September 10, 1969, and direct the Administration to reply that the City of Fridley is interested in a �oint purchasing plan Seconded by Councilman Sheridan Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously. I1, h1ARY SCHICRL. OBJECTING TO REMOVAL OF TREES FOR ROAD1VAY MOTION by Councilman Liebl to receive the communication £rom D1ary Schiexl, undated, and direct the City Manager to send her a reply The motion was seconded and upon a voice vote, all voting aye, Rlayor Kirkham declared the motion carried unanimously. ADJOORNMENT. There beina no further business, Mayor Kirkham declared the Regular Council Meeting of November 3, 1969 ad�ourned at 12:00 Midnight. �Re ectfull submitted � � �'�/ �'�<� ' �,-,_,-/t � , �\ L2 �� �"�. �; -, uel Mercer � ��`Jack � Y.irkham Secretary to the City Council ' Mayor 17