Loading...
06/01/1970 - 00018742!}1� l )�� THE MINUTES OF THE REGOLAR COIINCIL MEETING OF JUNE 1, 1970 Mayor Kirkham called the Regular Council Meeting o£ June l, 1970 to order at 7:34 P.M. PLEDGE OF ALLEGIANCE: Mayor Kirkham requested the Council and the audience �oin in saying the Pledge of �121egiance to the Flag. INVOCATIOTd: Reverend Bergren, Redeemer Lutheran Church offered the Invocation. ROLL CALL: MEMBERS PRESENT: MEMBERS AB5ENT PRESENTATION OF AWARDS: Breider, Sheridan, Kirkham, Liebl, Harris (Arxived at 9:00 P.M.) None Mayor Kirkham presented a Certificate of Appreciation to Mr. Thomas D. Cochran for his service on the Parks and Recreation Commission, wa.th his thanks, and that of the Council. The Certificates of Appreciation for Dr. Milton Wa.11iams, for his service on the Police Commission, Mr. Gary Stimmler, Parks and Recreation Commission, Mr. Earl Biermann, Building Standards - Design Control, and Mr. Carl O. Tormoen, Building Standards - Design Control, are to be sent. APPROVAL OF THE MINIITES OF TAE REGULAR COUNCIL MEETING OF MAY 18. 1970: MOTION by Councilman Breider to adopt the Minutes of the Regular Council Meeting of May 18, 1970 as presented. Seconded by Councilman Sheridan. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried. APPROVAL OF TH� MINUTES OF TH� SPECIAL WORKSHOP COUNCIL MEETING OF MAY 26, 1970c MOTION by Counci]man Breider to adopt the Minutes of the Special Workshop Council Meeting of May 26, 1970. Seconded by Councilman Liebl. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried. ADOPTION OF AGENDA: Mayor Kirkham said that the Agenda could be adopted as presented, but asked that some items be delayed until the arrival of Councilman Harris. MOTION by Counczlman Sheridan to adopt the Agenda as presented, but delay some of the items until the arrival of Councilman Harris. Seconded by Councilman Breider. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried. � L J , �r r �,f REGULAR COUNCIL MEETING OF JUNE 1, 1970 PAGE 2 � VISITORS: A visrtor to the Council Meeting asked how the signals were progressing on 61st Avenue and University Avenue. The City Manager said that a letter was received today from the Highway Department stating that they are in agreement and that they should be installed in the near future, sub�ect to £unds available. The visa.toz asked about the service road. The City Manager said that there has been nothing back from the Shell Oil Company £or the necessary dedications. This service road will be the result of many meeta,ngs with Shell Oil Company. ORDINANCE N0. 458 - AN ORDINANC.� REGULATING BURNING, ADOPTING THE AIR POLLUTION REGUZATIONS OF THE MINNESDTA POLLUTION CONTROL AGENCY BY REFER- ENCE, PROVIDING REQUiREMENTS FOR THE STORAGE AND COLLECTION OF REFUSE, REPEALING ALL OF CHAPTER 33 OF THE CITY CODE; AND PROVIDING PENALTIES FOR VIOLATIONS OF THE PROVISIONS THP�REOF: Councilman La.ebl asked about the fine. It states that they would be guilty of a misdemeanor and sub7ect to a fine of not exceeding $300.00. The City Attorney said that the fine is at the discretion of the 7udge. It could be anywhere from $1.00 to $3D0. There is no automatic amount. Conceivably if the violation continued for a month the fine could be $9,OOD. MOTION by Councilman Liebl to adopt Ordinance #458 on second reading, waive � the reading and order publication. Seconded by Councilman Sheridan for discussion. Councilman Sheridan said that inasmuch as this ordinance is different than the one passed on first reading with the additzon of the repealer, the motion to adopt the ordinance should be amended MOTION by Councilman Sheridan to amend the motion For the adoption of the ordinance to include the repealer clause. Seconded by Councilman Breider. Upon a voice vote, all voting aye, Mayor I�.irkham declared the motion carried. THE VOTE IIPON THE MOTION, being a roll call vote, Sheridan, Kirkham, Liebl, and Breider votiing aye, Mayor Kirkham declared the motion carned. Mr. Richard Harris said that in a previous ordinance concerning Dutch E1m disease, it states that e1m trees cannot be transported, and must be destroyed by fire in place. He wondered how this could be done under the present burninq orda.nance. The City Manager agreed that the trees cannot be transported as this would spread the beetles Mayor Kirkham said that the Administration would check into this discrepancy. CONSIDERATION OF AMENDMENTS TO BY-LAWS OF FIR� D�PARTMENT: (Tabled May 18, 1970) � The City Manager said that this amendment was to clarify the point that if a person is in7ured while not on the �ob, retirement benefits would not start unti]. the age of 55. MOTION by Councilman Liebl to adopt the amendment to the by-laws of the Fire Department. Seconded by Councilman 5heridan. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried. � (; REGULAR COUNCIL MEETING OE JUNE 1, 1970 CONSIDERATION OF REMAINING APPOINTMP�NTS TO COMMITTEES AND COMMISSIONS: PAGE 3 Councilman Sheridan said that he had asked three different people and they all turned the offer down. He asked that if the rest of the Council Members have any people in mind, to let him know. Mayor Kirkham said that he would like to submit the name of Theron Horn, 159 63rd Way N E. for the Human Relations Commrttee. He said that he has been a resident of Fridley for about 9 years and is vitally interested �.n the work of the Human Relations Committee. MOTION by Councilman Sheridan to concur in the appointment of Theron Horn, 159 63rd Way N�. to the Human Relations Committee. Seconded by Councilman Liebl. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried. DISCUSSION REGARDING ACQUISITION OF EASEMENT ON THE SOUTH&A5T CORNER OF JEFFERSON AND SSTH AVENUE, AND RECEIVING PETITSON N0. 5-1970 IN OPPOSITION TO ASSESSMENT: MOTION by Councilman Liebl to receive Petition NO. 5-1970. Seconded by Councilman Sheridan. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried. The City �ngineer explained that last year the Council held the hearinq for the improvement. There was opposrtion to the assessment from the people on the east side because they did not feel that they would be receiving any benefit. Now they have come back witli the same petition as last year. He said that in regard to the acquisition of the easement from Mr. Edward A. Marciniak on the northwest corner of his property, first Mr. Marciniak agreed to give the land free, then the next day he said that he needed some money Lor the land given. The Ctty Engineer said that he told him that figuring $5,000 for his lot, he thought that the easement would be worth $SO.OD and would recommend this to the Council, along with agreeing to re- locate the fence. He said that he now needed authorization to pay the $SO.DO to Mr. Marciniak. Mayor Kirkham said that this would be no problem. He said that as far as the request goes for no assessments because they feel that they do not receive any benefit, this is often the case with double frontage lots. The City Engineer said that when this was discussed previously it was agreed to assess by the normal policy for double frontage lots. Mayor Kirkham felt that this same decision should stand. The City Engineer said that they were in the process of installing water and sewer. When this was proposed last year, curbing was discussed and it was decided to leave off the curbing to keep the costs down as only one side will receive most of 'the assessment. The street wxll be off-set to save the fences and provide for snow storage. There will be an asphalt berm. This street is now under contract, Council- man Sheridan asked what the cost per foot would be, and the City Engineer said tnat it was very close to what was given to the people at the public hearing. MOTION by Councilman Sheridan to concur with the Administration and authorize the expenditure of $50.00 to Mr. Edward Marciniak for the easement in the northwest corner of his property. Seconded by Councilman Lieb1. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried. � � � �� REGULAR COUNCIL MEETING OF JUNE l, 1970 PAGE 4 Councilman Sheridan said that he recalled a petitxon in the early 60's concerninq this same request not to be assessed, These people will probably be back at the assessment hearing. He said that the person he talked to in this area, understood that it was made a part of the record that there would be no assessment on them. RECEIVING PETITION NO. 6-1970 REQUESTING ADDITIONAL STORM SEWER IN HARTMAN CIRCLE: MOTION by Councilman Breider to receive Petition No. 6-1970. Seconded by Councilman Sheridan. Upon a voice vote, all voting aye, Mayor Kixkham declared the motion carried. The City Engineer explained that the improvement has been ordered in by the Council. She people have been concerned that the street will not last because there is water that stands in places in the existing street. There is a very minunal storm sewer system proposed with the street improvement. To add another line would be a better system, but it would make it more costly. He pointed out tha� the cost is alxeady $12.17 per foot. With the bids coma.ng in higher than the estimates, the cost will be higher than the price given at the public hearing and he thought that another 7o will be added on for the additional storm sewer lines. This is getting quite costly. He sugqested holding an informal hearing next Monday to see if the ma7ority of the people wi11 want the unprovement with the increased storm sewer system after they understand the increased cost. He said that the man who circulated ' the petition will give the neoessary easement. MOTION by Councilman Breider to authorize the Administration to send out notices of an informal public hearing June 8, 1970. Seconded by Councilman Sheridan. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried_ RECEIVING THE MTNUTES OF THE BUILDING 5TANDARDS - DESIGN CONTROL MEPTING OF MAY 21. 1970. 1. CONSIDERATION OF A REQUEST TO CONSTRUCT AN OFFICE AND SHOP ON LOTS 6, 7, AND 8, OSdAWAY ADDITION, THE SAME BEING 55 77TH WAY N.E., FRIDLEY, MINNESOTA. (REQUEST BY EDGAR W. HAUSER, 1401 46TH AV�NUE NORTH, T4INNEAPOLIS. MINNESOTA}: The Crty Enyineer said that the Building B7ard recommended approval sub�ect to the applicant submitting a landscaping plan. Ide said that there was still a problem o£ service for water and sewer to this business. St is a small builda.ng, 32' X 60', constructed of painted block. Councilman Sheridan asked if the aesthetics were satisfactory and the City Engineer said yes, for the area. Councilman Breider asked what was the problem with the sewer and water. The City Engineer said that there were lines proposed for 77th and 79th, so there would have to be some long lines run. Councilman Breider asked what was to be stored. Mr. Richard Harris saa.d that it was � construction equipment. The City Engineer added that rt is a requirement of the ordinance that this be screened. MOTION by Councilman Breider to approve the building permit sub7ect to the applicant submitting landscaping plans and resolving the water and sewer problems, and under the conditions of the Building Standards - Design Control Seconded by Councilman Sheridan. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried. �� REGULAR COUNCIL MEETING OF JUNE 1� 1970 PAGE 5 2. CONSIDERATION OF A REQUEST TO REMODEL EXS5TSNG STANDARD OSL HERVICE � STATION LOCATED ON LOTS 16, 17, 18 AND 19, BLOCK 13, HAMILTON'S ADDITION TO NiP�CHANICSV2LLE ADDITION� THE SAME BEING 5311 UNIVERSITY AVENUE N.E., FRIDLEY, MINNESOTA. (REQUEST BY STANDARD OIL COMPANY� 1405 MELROSE AVENUE, MINNEAPOLIS, MINNESOTA): The City Engineer explained that this is £or general sprucing up of the station. It is recommended that they remove the milk depot which is in the Crty right of way, fix the chuck holes in the driveway, remove the tires that they have been using for curbing and put in some curbing, and remove their excess signs. Councilman Liebl said that he was glad to see that there will be some housecleaning dor.e, as it is badly needed. Mr. Richard Harris reported that at the meeting, Mr. Housenga of Standard Oil made the statement that he was glad to have these requirements spelled out and made a part of the building permit so they could use them as a lever on their leases. It seems that it is sometunes hard to get the lessee to agree to general maintenance and improvements unless they are specified on a permit. MOTION by Councilman Lea.bl to concur with the Building Soard and grant the permit sub7ect to their stipulations and the above mentioned items. Seconded by Councilman Breider. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried. 3. CONSIDERATION OF A REQUEST TO REMODEL AN EXISTING STANDARD OIL SERVICE � STATION LOCATED ON THE EAST 7.5 FEET OF LOT 10, AND ALL OF LOTS 6, 7, 8 AND 9, BLOCK 12, LOWELL ADDITSON, THE SAME BEING 6490 UNIVERSITY AVENUE N.E., FRIDLEY� MINNESOTA. (REQUEST BY STANDARD OIL COMPANY, 1405 MELROSE AVENUE, MINNEAPOLIS, MINNESOTA): The City Engineer said that this is also for cleaning up their station. He added that this station is better maintained than the previous one. He said that there was some landscaping needed. MOTION by Councilman Lieb1 to grant the huilding permit to Standard Oil Company sub7ect to the notations of the Huilding Board. Seconded by Council- man Breider. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried. 4. CONSIDERATION OF A REQUEST TO CONSTRUCT TWO CAR WASHES ON LOT l, BLOCK 3, COMMERCE PARK A➢DITION, THE SAME BEING 7300 AND 7320 UNIVERSTTY AVENUE N.E., FRIDLEY, MINNESOTA. (REQUEST SY STEVE C( 4143 MSNNEHAF7A, MINNEAPOLIS, MINNESOTA): The City Engineer said that these car washes are located in the southeast corner of Commerce Park. The Suilding Standards - Design Control recommended approval o£ the permit subject to some condrtions. They plan on making the automatic car wash brick and the self service stucco. Mr. Ron Heska.n of Heskin and Associates Tnc., said that the automatic car � wash has brick facing all the way around. They felt that brick on the self service building would be economically unfeasible and came up with an alternate. It is to be a stucco building with red cedar stripping, both to have a mansard roof. (� (�� c� REGULAR COUNCIL MEETING OF .TUNE 1, .I970 PAGE 6 � Councilman Liebl said that there has already been a certain precedent set for construction in the Commerce ParY, area. He said that Councilman Harris had pointed out to him at the Council Meeting that the Council would like some uniformity between all the buildings in the area. A brick bua.lding would require minimal maintenance, whereas stucco would require paintinq, although brick would cost more initially. Mr. Heskin said that he would agree that brick is easier to maintain, but he did not feel that it would blend well with the other building There .zs an exposed extera.or on all four sides. There are also many door cuts which would be hard to work up with brick, and they felt stucco was more conducive to this type of structure. Councilman Liebl asked how much more it would be to put on the brick, and Mr. Heskin estimated that it would make the building cost 12o to 15% more Mayor Kirkham said that in his opinion if all the buildings in the area were brick, it would make a dead looking area. I3e did not feel that it would be desirable for all the buildings to look the same. He said that he was not willing to insist on all brick, the ob�ect is to make the arca look pleasing. He felt that the mansard roof succeeds in tying the two buildings together. Mr. FIeska.n said that as concerns the self service portion, Councilman Harris had advised that the plans be submitted to the Building Board. They were very helful, and felt that brick and stucco blends nicely together. It was pointed out that residential homes use a combination of � brick and stucco. He felt that it would be better to maintain the mansard roof on both of the buildings for continuity rather than brick the two buildings. The City Engineer pointed out that there was some discussion regarding a 15 foot minimum setback for each building or a common wall. in this case the corners of the building are very close. The Building Board felt that there should be a common wall. Mr. Robert Aldrich, Fi�e Prevention Bureau Chief commented that this would be no issue. The structures are low and he would have no reservations on the construction of placement in the event of a fire. The trucks could get around the building easily. The City Engineer said that they were planning on so�3ding around the perimeter of the builda.ngs, with rock and some shrubbery close to the buildings. Councilman Breider questioned whether this could not create the same problem as with Holiday where they would find that the rocks are hard to contain The Crty Enyineer said that they are using rocks because they felt that the sod would not live close to the buildings. This is 7ust a small area. The City Engineer pointed out that the extra turning lane should also be a condition of the permit, to be put in when the City requests it. He questioned if there were tWO separate lessees, should not the property be divided. Mr. Heskin said that the owner of the land would remain the same. Steve Coddon would own both and the car washes would be leasing the use of the buildings. The City Engineer said that in that case, there would be no � problem. Councilman Breider asked if Mr. fIeska.n agreed with the additional turning lane. Mr. Heskin said that this was part of their proposal as they thought that they had to do this. He said that they would rather go ahead with it as long as they expected to do it. The City Engineer explained that it was felt that there would be peak periods of usage and the traffic cannot be allowed to be backed up onto the thoroughfare. ��� REGULAR COUNCIL MEETING OF JUNE 1, 1970 PAGE 7 Councilman Sheridan said that he felt that it was hard to visualize two � businesses competing against each other. He questioned allowing a deviation from what was required of other builders in the area, although he admitted that this was an attractive layout. The City Engineer felt that there should be some language included in the special use permrt to guarantee maintenance. The City Attorney said that this could be written in. Councilman Breider pointed out that the license has to be renewed every year. MOTION by Councilman Breider to authorize publication of Ordinance #452. (Second Reading held �Iay 4, 1970). Seconded by Councilman Liebl. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried. MOTION by Councilman Breider to grant the special use pEmnit on Lot 1, Block 3, Commerce Park Addition with the requirement of an additional traffic lane when the City requests it, subject to the stipulations of the Building Standards - Design Control Subcommittee, except the buildings be kept separate as originally planned, and that the maintenance has to be satisfactory at a11 times. Seconded by Councilman Liebl Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried. MOTION by Councilman Brezder to grant a building permit for two car washes requested by 5teve Coddon as shown on the plot plan June 1, 1970. Seconded by Councilman Sheridan. Upon a voice vote, all voting aye, Mayor Kirkham � declared the motion carried_ Mr. Heskin told the Council Thank You for all their help, and time that was taken with him. 5. CONSIDERATION OF A REQUEST TO CDNSTRUCT AN OFFICE AND WAREHOUSE ON LOTS 6, 7, 8, 9, AND 10, BLOCK 8, ONAWAY ADDITION, THE SAME BE2NG I:Y�.P_\ 7,1� �RECTION COMPANY, 6210 RIVERVIEW TERRACE, FRIDLEY, MINNESOTA): The City Engineer said that they have already built two buildings in this area and this is an expansion to the north. The Building Board recommended approval. This is much the same type of building as they built previously. It is a block building with brick on the of£ice portion. Mr. Richard Harris said that he assumed that the manhole is at grade, as this is what he will be determining the elevation of the building on. He added that his company plans on using this building, rathex' than leasing it out. The City Engineer said that there might be a future need for additional parking space, however, this could be worked out. He added that this is the responsibility of the land owner. Mr. Richard Harris said that he was sure that there was enough room. Mr. Harris said that they needed the culvert at Main Street as they store equipment across the creek. There is not enough room to store the cranes. The City Engineer said that all equipment must be stored witha.n a privacy fence and Mr. Harris indicated that he was aware , of this. MOTION b1 Councilman Breides to approve the permit, sub�ect to the Building Standards - Design Control stipulations, and with the additional parking to be provided as needed in the future, as per City's request. Seconded by Councilman Sheridan. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried. a"� � � ,_ REGULAR COUNCIL MEETING OF SUNE l, 1970 PAGE S � MOTION by Councilman Sheridan to receive the Minutes of the Building Standards - Design Control Subcommittee Meeting of May 21, 1970. Seconded by Councilman LiebL Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried. RECEIVING THE MINUTES OF THE BOARD OF APPEALS MEETING OF MAY 26� 1970: 1. REQUESTS FOR VARIANCES OF SECTION 45.053, 4B, SUBPARAGRAPH 4, TO REDUC� THE SIDEYARD WIDTH ON THE STREET 5IDE OF A CORNER LOT FROM 17.5 FEET TO 13.12 FEET AND SECTION 45.053� 1B� TO REDUCLJ THE MINIMUM REQUIRED LOT AREA FROM 7,500 SQUARE FEET TO 6,116 SQUARE FEET AND SECTION 45.053� 4B� SUBPARAGRAPH 4B, TO REDUCE THE SIDEYARD REQUIREMENT FOR AN ACCESSORY BIIILDING OPENING ON A SIDE STREET FROM 25 FEET TO 21 P�ET TO PERMIT THE CONSTRUCTION OF A DWELLING AND GARAGE ON LOT 30, AND THE NORTHERN 10 FEES OF LOT 29, BLOCK 1, PLYMOUTH ADDITION, THE SAMF BEING 4885 3RD STREET N.E.� FRIDLEY� MINNESOTA. (REQUEST BY MR. FRANK DIRCZ, 4875 3RD STREET N.E., FRIDLEY, MINNESOTA): The City �ngineer said that this is a lot which was discussed previously when a lot split was granted by the Council. The property is owned by the ad7acent property owner. The Board of Appeals recommended approval. He pointed out that this would be setting a precedent for a 45' lot. � MOTION by Councilman Liebl to approve the variances requested by N1r. Frank Dircz. Seconded by Councilman Shendan for discussion Councilman Sheridan said that at the previous discussion he indicated that the side yard should be 17 feet. This request is for 13.12 feet. His reason for the 17 feet was for clear vision. Councilman Liebl said that he had gone down there and the street is very wide and there should be no problem wrth vision. He pointed out that none of the nea.ghbors ob7ected to it. The City Eng�_neer showed the plot plan at the Council table. THE VOTE UPON THE MOTION, being a voice vote, all voting aye, Mayor Kirkham declared the motion carried. 2. A REQUEST FOR A VARIANCE OF SECTION 45.053, 4A, TO REDUCE THE REQUIRED FRONT YARD DEPTH FROM 35 FEET TO 23 FEET TO PERMIT TH� CONSTRUCTION OF A DWELLING WITH AN ATTACHED GARAGE ON LOT 1� BLOCK 1, GIRDLER TERRACE ADDITION, THE SAME BEING 6064 WOODY LAND N.E , FRIDLEY, MINNESOTA. (REQUE5T BY MR. HAROLD E. SWANSON, 1211 GARDENA AV�NUE N.E., FRIDLEY, MINNESOTA): The City Engineer said that this request is for a front yard variance from 35 feet to 23 feet on Woody Lane. Mr. Swanson had a petition signed by ahout 15 property owners in the area saying that they had no ob7ection. The � Board 4f Appeals recommended approval. This is an odd lot, and some of the existing homes are set quite far back on the lots. MOTION by Councilman Sheridan to approve the variance requested by Mr. Harold 5wanson as recommended by the Baard of Appeals. Seconded by Council- man Liebl. Upon a voice vote, all voting aye, Mayor Kirkham declared the mota.on carried. � �� REGULAR COUNCIL MEETING OF JUNE l, 1970 PAGE 9 MOTION by Councilman Liebl to receive the Minutes of the Board of Appeals � Meeting of May 26, 1970. Seconded by Councilman Brea.der. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried. RECEIVING THE MINUTES OF THE PARKS AND RECREATION COMMISSION MEETING OF MAY 25, 1970: MOTION by Councilman Liebl to receive the Minutes of the Parks and Recreation Commission Meet.tng of May 25, 1970. Seconded by Councilman Breider. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried. REC�IVING THE 1970 AUDIT REPORT AND MEMO FROM GEORGE M. HANSEN COMPANY: Mayor Kirkham commented that he thought that the report was very well done. MOTION by Councilman Liebl to receive the 1970 audit report and the memo- randum from George M. Hansen Company dated May 18, 1970. Seconded by Councilman Sheridan. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried. Councilman Breider asked the Finance Director if these will be followed up on. The Finance Director said yes, throughout the year, although nothing is planned in the data processing field. The Finance Officer's group have looked into this. The City Manager commented that there have been studies made on more than one community going together on it. The Finance Director � said that about three years ago when the present equipment was first con- templated, it was felt that the present system would be the best for the City's needs. This could be considered an interim step. DISCUSSION R�GARDING IMPROVEMENT AT CORNER OF MISSISSIPPI STREET - SPUR SERVICE STATION: The City Engineer explained that this is tied in with the negotiations with the railroad for the underpass on Mississippi Street. The railroad at present is not willing to concede, and grant the City what is requested as far as the conditions attached to their yard construction is concerned, so the underpass is being held up. The County plans on working on Mississippi 5treet next year. The whole improvement has to be concurred with by the County, City and the railroad because of the cost. He said that his recommendation is to push for the underpass and do the 7ob right as it is so badly needed. The City might have to wait for the railroad if there are to be more dis- cussions. There is concurrance on all but one item. Councilman Liebl said that the Council received the study on East River Road 3 or 4 weeks ago, which includes the Mississippi Street intersection. He said that he believed that there was a fire hydrant that has to be moved and some other items to take care of. He felt that the railroad was stalling. He pointed out that the traffic on East River Road and Mississippi Street will not decrease. He felt that there should be stricter enforcement of the speed limit on East River Road. � COUNCILMAN HARRIS ARRIVED AT 9:00 P.M. The City Engineer said that the Spur Station was concerned about the traffic backing up on Mississippi Street. He stressed the importance of getting this underpass started. He commented that if'it were to start now, it would probably take 2 years to complete. �� REGULAR COUNCIL MEETING OF JUNE 1, 1970 PAGE 10 � Councilman Sheridan said that the railroad has six months between the first reading and the second reading of the rezoning ordinance, before they would have to start all over again. Prior to the six months limitation being up, he felt that the railroad should again be approached on their plans and informed that their time is almost up. The City Engineer pointed out that some of the temporary work can be done for the Spur Station and maybe the construction of Mississippi Street could start next year or �ie year after. MOTION by Councilman Liebl to receive the communication from the Murphy Oii Corp. dated May 11, 1970. Seconded by Councilman Sheridan. Upon a voi�e vote, all voting aye, Mayor Kirkham declared the motion carried unanimously. FIRST READING OF AN ORDINANCE AMENDING SECTION 45.103 RELATING TO THE LOT ARRA AND LOT WIDTH REQUIREMENTS FOR C-1, C-1S, C-2, C-2S: Councilman Harris wondered what was to prevent an application for a building permit on a lot 200' X 100'. The City Engineer said nothing, but he would still have to meet the parking requirements, land to building ratios, etc. He said that he checked some of the lots in Hyde Park and those combination of lots having 200 feet frontage would have close to 25,000 square feet. He pointed out that there are not too many commercial lots le£t in the City except those newly rezoned in Hyde Park. MOTION by Councilman Liebl to adopt the Ordinance on first reading and waive � the reading. 5econded by Councilman Harris. Upon a roll call wte, Breider, Sheridan, Kirkham, Liebl, and Harris voting aye, Mayor Kirkham declared the motion carried unanimously. RECEIVING THE MINUTES OF THE PLANNSNG COMMISSION NiEETING OF MAY 20, 1970: LOT SPLIT REQUEST: L.S. #70-06, GEORGE L. WALQUIST: Lot 6, and S� of Lot 7, Block 1, Erco's lst Addition. Site for dental clinic. The Crty Engineer said that the Planning Commission recommended approval with the condition that the N� of Lot 7 and Lot S be platted together in some way under one description. Mr. Walquist said that Lot 7 and Lot 8 are both 83' X 139'. He then came up to the Council table for discussion. The City Attorney said that the only way he knew of to tie the N� of Lot 7 with Lot 8 would be a registered land survey or a replat of the lots. He said that he knew of no other document that could be used. He thought that a registered land survey would be easier for a small parcel. MOTION by Councilman Sheridan to concur with the Planning Comnission and grant the lot split requested by George Walquist, with the condition that the N� of Lot 7 and Lot 8 be either under a registered land survey or replatted Seconded by Councilman Liebl. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously. � MOTION by Councilman Liebl to receive the Minutes of the Planning Commission Meeting of May 2U, 1970. Seconded by Councilman Sheridan. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously. �� REGULAR COUNCIL MEETING OF SUNE 1, 1970 PAGE 11 RECEIVING THE BIDS FOR SHOREWOOD LOUNGE: (Bids opened 1.30 P.M., June 1, 1970) Badder �arl T. Corassit 1315 Carney Ave. Mankato, Minnesota Mr. E1mer Matheson 709 Tenth Street South Virginia, Minnesota Bid Surety Bank Money Order lst National Bank of Mankato. $1,000.D0 Bank Money Order Marque�te National Bank, Minneapolis. $1,000.00 �'�' $150,000.00 (price does not include inventary) $121,000.00 MOTION by Councilman 5heridan to receive the bids, instruct the Administration to return the bid surety, and re7ect the bids. Seconded by Councilman Liebl. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously. MOTION by Councilman Sheridan to instruct the Administration to negotiate for additional land around Shorewood Lounge. Seconded by Councilman Harris for discussion. Councilman Harris asked what was the intent. The City Manager said that more land is needed for parking. Councilman Shera.dan added that more parking would make the Lounqe more saleable. Councilman Harris asked what was the Council's feeling on going out for rebids. Councilman Shexidan felt that first there should be more land added for additional parking, if possible. He felt that the City would be in a better position to negotiate or trade than a private individual would be. Councilman Harris agreed that the City must do whatever is necessary to further spla,t liquor, as this is what the voters indicated. Another 50 parking spaces would be a valid consideration when bidding THE VOTE UPON THE MOTION, being a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously. RESOLUTION #108-1970 - RESOLUTION POSTPONING SALE OF $1,330,000 SPECIAL ASSESSMENT FUND BONDS AND 5460,000 WATERWORKS BONDS: MOTION by Councilman Liebl to adopt Resolution #108-1970. Seconded by Councilman Sheridan. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously. RESOLUTION #109-1970 - RESOLUTION ON HAZARDO[IS BUILDINGS AND (531 Fairmont Street N.E ) MOTION by Councilman Harris to adopt Resolution �r109-1970. Seconded by Councilman Liebl. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously. R�SOLUTION #110-1970 - A RESOLUTION WAIVING THE REQUSREMENT OF AN INDEMNIFYING BOND PRIOR TO THE ISSUANCE OF A DUPLICATE TO COVER A LOST OR DESTROYED ORDER- CHECK: MOTION by Councilman Harris to adopt Resolution #110-1970. 5econded by Councilman Liebl. Upon a voice vote, all voting aye, the motion carried. � � � � � � REGULAR COUNCIL MEETING OF JUNE l� 1970 DISCUSSION REGIIRDING PROGRESS OF P120JECT #93 - D.M. NOYES CONSTRUCTION COMPANY• PAGE 12 The City Engineer handed out a report £rom Comstock and Davis, Consulting Engineers, on the work done by D.M. Noyes Construction Company to date. He then handed out Change Order #1 which ca115 £or weekly payments rather than monthly payments with the completion date to remain at Suly 1, 1970. MOTION by Councilman Harris to approve Change Order #1 for Sanitary Sewer and Water Improvement Pro7ect #93. Seconded by Councilman Sheridan. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanunously. The City Engineer then handed out Estimate #8 and explained that at the last meeting a payment was authorized for $20,100.74, but only about $10,000 was paid. This estimate would provide for the balance of payment and the work completed up to date. It has already been approved, this is just the official document. Councilman Harris asked if there has been any testing done. The Crty Engineer said no, although there was some new construction. The testing has been delayed due to the long holiday. Councilman Harris asked if there will be more testing this week and Mr. Weber, of D.M. Noyes Construction Company, said yes. MOTION by Councilman Sheridan to xatify the action of May 26, 1970 and approve payment of Estimate #8 in the amount of $11,291.59. Seconded by Councilman Breider. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously. CLAIMS: MOTION by Councilman Sheridan to approve payment of General Claims #21469 through #21536 and Liquor Claims #4502 through #4520. Seconded by Councilman Liebl. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously. LICENSES: Garbage Collection Walter's Disposal Service, Inc, 2930 101st Avenue N.E. Minneapolis, Minnesota Food Establishment Fridley Jaycees 851 Overton Drive Fridley, Minnesota Fridley Mrs. Jaycees 6131 Sth Street N.E. Fridley, Minnesota By: John Walter By: Marvin Bodeker Approved By Police Cha.ef Health Inspector Health Inspector By: Mrs. Adolph Kukowska. Health Inspector �� �� REGUZ,AR COUNCIL MEETING OF JUNE l, 1970 LICENSES CONTSNUED. Western Stores Division Contin��t�l Oil Company �798% 7600 University Ave. No E. Fridley, Minnesota BLACKTOPPING United Asphalt Company, Inc. 331 Coon Rapids Boulevard Coon Rapids, Minnesota EXCAVATING Kadlec Excavating 724 Main Street N,W. Anoka, Minnesota Schutz Contracting Co., Inca Gypsy Lane Savage, Minnesota GENERAL CONTRACTOR Blanske Constniction Co.,znc. 4029 Silver Lake Road Minneapolis, Minnesota McCa1I & Company 5435 Lyndale Avenue Minneapolis, M:nnesota Richard Miller Homes, Inc. 1700 Silver Lake Road New Bri3hton, Minnesota SIGN ERECTOR'S Minick Sign Comp2ny 2727 Emerson Avenue North Minneapolis, Minnesota WkECKING Schutz Contracting Co., Inc. Gypsy Lane Savage, Minnesota � PAGE 13 By: Carl Maki Health Inspector APPROVED BY By: Gary Anderson By: Donald A. Kadlec By: Richard Schutz By: Bernard Blanske By: Stanley Phillips By: Richard Miller By: Vern Minich Jr. By: Richard Schutz Bldg. Insp, Bldg. Insp. Bldg. Insp. Bldg. Insp. Bldg, Insp. Bldg. Insp. Bldg, Insp. Bldg, Insp. �_. � , � }, t- ' I I �� REGULAR COUNCIL MEETING OF JUNE 1, 1970 PAGE 14 � MOTION by Councilman Aarris to approve issuance of the foregoing licenses. 5econded by Councilman Sheridan. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously. COMMU�ICATIONS: A NSP: TRANSMISSION LINE REPORT MOTION by Councilman Breider to receive the report from NSP dated May 22, 1970. Seconded by Councilman Liebl. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously. B. WMSTOCK AND DAVIS. INC.: REGARL]ING PROJECT #95-B The City Engineer explained that this is the contract for the well house and connection of the four wells to the water system. The temporary connection of the wells had a completion date of June 1, 1970, but there is a plumbers strike and there has been no work to date. ThEre is another union meeting scheduled for tomorrow and hopefully, if the strike is settled, the work can continue. Councilman Sheridan said that if the strike continues, the City can complete the work for the health, safety, and welfare of the community under an emergency measure. The City Engineer asked who would work. The City Attorney said that some of the plumbers have signed an interim agreement and they would work. The contract would have to be broken � and an emergency ordinance passed. He said that Mr. Comstock has indicated that there is not much work for the plumbers to complete and it would not take very long. It should be done before it gets warm and the sprinkling starts. He said that there was a meeting with Berglund Johnson to impress upon them the importance of the completion, but it was not very productive. MOTION by Councilman Sheridan to request that this �tem be back on the Agenda for June 8, 1970. If negotiations with the union are not productive, then an emergency ordinance would be in order. Secon3ed by Councilman Liebl. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously. RECESS: Mayor Kirkham declared a 15 minute recess at 9 45 P.M. DISCUSSION REGARDING MISSISSIPPI RIVER BRIDGE: The City Manager said that a letter was received from the Manager of Coon Rapids concerning a Mississippi River bridge. There is to be a meeting on June 3, 1970 at 1:30 P.M. at Coon P.apids Crty Hall to discuss this matter, and they have requested some of the Fridley staff be in attendance if possible. MOTION by Councilman Harris to receive the memorandum from the City Manager � dated May 25, 1970, and instruct the Administration to make suxe that someone is in attendance. Seconded by Councilman Leib L Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously. �� R�GULAR COUNCIL MEETING OF JUNE l, 1970 PAGE 15 DISCU55ION R�GARDSNG EA5T RIVER ROAD STUDY BY BATHE� ENGINEERING , The City Engineer displayed a large map of the proposed improvement of East River Road on the easel and explained that there has been talk of improving East River Road since about 1963. The County at that time felt that they did not have sufficient staff for a study. This year they engaged Bather Engineering to undertake the study and the recommended proposal is basically the same plan that was presented to the Council in February, 1968, and was approved by the Council. There is a divider to eliminate all left hand turns, except at siqnals, except in one or two instances. The signal at I. 694 will be installed in a couple of months, and there is one proposed south of the school to serve the school, George- town apartments, Downing Box and LaMaur. There are also slip-offs to serve these areas. To go south from Downing Sox, LaMaur or Georgetown, cars would have to go north to the signals. There are four lanes of free flow traffic proposed. Councilman Harris asked how wide the divider would be. The City Engineer answered this would depend on the amount of money available and the right of way obtained. If Federal funds are obtained, there would be more money available. Councilman Harris felt that there should be a light at the median as it is on Highway #100. Mr. Ken Fransen, 157 Riversedge Way asked how the cars would get out of the school area. The City Engineer said that the exit would be at the signal, � which would be moved south to take care of the industrial and commercial enterprises also. Councilman Breider asked if there would be three lanes of traffic caming from Downing Box and LaMaur. The City Engineer replied yes, probably one lane going south and two going north. The Georgetown service road would probably be 24' and would be two lanes, because in this instance people would not all be coming and going at the same time, as they would leaving LaMaur when work is over. Councilman Breider agreed that the traffic would be very heavy when Downinq Box and LaMaur let out from work. It was pointed out that the proposal is for the streets to go in on the east side of East River Road to bring the children down to the school, and on the west side, there would have to be a short connection of Riverview Terrace made, and a walkway south of Riverview Terrace to the school. Then there would be no sidewalks on East River Road, as the service roads would take care of qetting the children to the school. The City Engineer continued that there would be two free flow lanes on both sides of the median north of 61st Avenue, and six lanes coming into the Mississippi Street intersection. There would be a free right hand turn at Mississippi Street to the east. The road will be shifted north of Mississippi Street to take out a bad curve. Most of the rlght of way will come from the east side. The total cost of the improvement is about $750,000, and about $250,000 is involved in the service road which are outside of the present County right o£ way. He estimated that it would cost about $55,000 to � improve the Mississippi Street - East River Road corner, including taking out the gas station. He pointed out that the estimate of $750,D00 is probably a minimum amount, and could easily be more. He said that there were some Federal funds available under the T.O.P.I.C.S. program, which the County would be makinq application for He pointed out that at some stage there would have to be a public hearing held. �� RF.GULAR COUNCIL MEETING OF SUNE 1, 1970 PAGE 16 � Councilman Breider asked if there was any thought given to tyina this improve- ment into the future improvement of East River Road north of Rice Creek. The City Engineer said that he assumPd that was taken into consideration. MOTION by Councilman Harris to approve the concept of a continuous median for the improvement of East River Road from I. 694 to Rice Creek as prepared by Bather Engineering, authorize proceeding with tne County on neqotiations on cost apportionment, and reauest that the County make thP application for Federal fundinq. Seconded by Councilman Sheridan. Councilman Sheridan said that he approved the concept, but would question the wisdom of holding a public hearing before more £acts are known. He felt tha� there should be concrete information to be qiven at a public hearina and before thPy are known, a public hearinq would not serve any purpose. He asked why not let the County do the whole thing, they have the right to assess_ Councilman Harris said that he thought that the County did not want to get involved in assessment. The City Engineer said that the City could proceed with the pro7ect regardless of the Federal funding. He said that figures could be given on the basis of no Federal funding at a public hearing, but only the County participation. Any Federal funding would then reduce the assessment cost. Councilman Sheridan said that he assumed that the acquisition of the addit,onal right of way would not be a cost to the City, although the curbing would be, , like any other County road. The City Engineer said that everyone could be assessed for a normal residential street, and the excess could come from other funds of the Federal funds. There would probably be some state aid moneu that could be made available. Councilman Shendan said that the acquisition of the right of way should be the County respons�.bility, and the Crty Engineer indicated that this would have to be resolved with the County. Mayor Kirkham felt that a public hearing would be a bit premature. The City Engineer said that the figures could be estimated for a public hearinq and he did not feel that anyone should pay less than for a normal residential street. He asked why shbuld people living on a County road not have to pay for their street. Councilman Harris said that it could be considered a disadvantage living on a busy highway. He added that thev must pay the normal curb and gutter assessment. He did not feel that the street oould be assessed. He agreed with Councilman Sheridan that the hearing should be at a later date He did not feel that the County should go ahead without the curb and gutter. The cost apportionment must be based on a fair and equitable understanding. Councilman Liebl asked Mr. Ken Fransen and Mr Bud Davis if this would adequately take care of Rtversedge Way, and could the residents live with this plan. Mr. Fransen asked how high the median would be, and Councilman Sheridan said that it would be about curb height. Councilman Sheridan added that he did not want the sidewalks along East River Road Mr. Davis asked what the speed limrt would be. The City Engineer said that � the speed limit is not set by the City. Mr. Davis asked if it can be en- forced. Councilman Liebl explained the difficulty in enforcing the speed limit. There is only 66', and there are no shoulders to pull a car off the road, which makes a very dangerous situation. Mr. Davis asked if there were any homes to be acquired, and the City Engineer said no. Mr. Davis asked what width it would be. The City Engineer said that it is 66' now and when it is done, it would be more like University Avenue. Councilman Harris � �, �, 1i ��� ti � REGULAR COUNCIL MEETING OF JUNE 1, 1970 PAGE 17 commented that this should eliminate some of the tra�fic on East R:LVer Road The cars now aome down Oniversa.ty Avenue and go over on Osborne Road to avoid all the signals. With this improvement, there would be more signals. Councilman Liebl agreed with Mr. Davis that there should be stricter enforcement of the speed limit. Mr. Fransen asked if there is anything temporarily planned for LaMaur. He believed that they plan on opening in August. Councilman Harris said that the City could petition for a temporary signal for powning Box, LaMaur, and Georgetown. The cars would be going out after work bumper to bumper. Mr. Fransen commented that 60a of the accidents are in this area. Mr. Richard Harris asked if there were going to be sidewalks along Riverview Terrace, and the City Engineer said no, �ust the street, except tY�e short connecting walkway to the school. He then asked if there would be_detours during construction Mayor Kirkham said hopefully, one lane could be left open for the traffic like was done on Highway #100. MOTION by Councilman Liebl to limit debate and call for the question. The motion was seconded and upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously. THE VOTE UPON THE MOTION, being a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously. ADJOURNMENT: There being no further business, Mayor Kirkham declared the Regular Council Meeting of June l, 1970 ad7ourned at 11:10 P.M. Respectfully submitted, �������� Juel Mercer Secretary to the City Council � � � � �- c� ��, l _ ,,�, ��.,.� � Jack 0. Kirkh�m � Mayor � , �