06/15/1970 - 00018717� 47
�. ._ � �
THE MINUTES OF THE REGULAR COUNCIL MEETING OF JIINE 15� 1970 �
Mayor Kirkham called the Regular Council Meeting of Sune 15, 1970 to arder at
7:35 P.M.
PLEDGE OF ALLEGIANCE
Mayor Kirkham requested that the audience �oin the Council in saying the Pledge
of Allegiance to the Flag.
INVOCATION:
Reverend Bergren, Redeemer Lutheran Church offered the Invocation.
ROLL CALL.
MEMBERS PRESENT: Breider, Sheridan, Kirkham, Liebl, Harris (ArriVed at 8:35 P.M.)
MEMBERS ABSENT None
APPROVAL OF TFIE MINUTES OF THE REGULAR COUNCIL MEETING OF JUNE 1, 1970:
MOTION by Councilman Sheridan to adopt the Minutes of the June 1, 1970 Meeting ,
as presented. Seconded by Councilman Breider. Upon a voice vote, all voting
aye, Mayor Kirkham declared the motion carried.
APPROVAL OF THE MINUTES OF THE SPECIAL PUBLIC HEARING AND WORKSHOP MEETING OF
JUNE 8. 1970:
MOTION by Councilman Breider to adopt the Minutes of the Special Public Hearing
and Workshop Meeting of Sune 8, 1970. Seconded by Councilman Sheridan.
MOTION by Councilman Sheridan to amend the motion to adopt the Minutes to add an
amendment to the Minutes of June 8, 1970 on Paqe 26 regarding the Police Union
contract. He would like to have added: "Delete Provision 20, for the check-off
of the Police Union dues". The motion was seconded and upon a voice vote, all
voting aye, Mayor Kirkham declared the amendment carried.
UPON THE MOTION, all voting aye, Mayor Kirkham declared the motion caxried.
VISITORS
Mr. George Otterdahl, 5770 Madison Street: Regarding the extension of
Jefferson Street (Pro�ect St. 1970-1)
Mr. George Otterdahl said that he was present representing Mr. Edward Marciniak
concerning the extension of Jefferson Street and the assessments that would be
levied. The City Engineer said that as the Council recalled, Mr. Marciniak was '
to receive $50 for an easement he would grant the City that is necessary for the
completion of the extension of the street. The Council received a petition from
the property owners requesting that they not be assessed. The Council rea££irmed
their position that these people on the east side of Jefferson Street must be
assessed. Mr. Marciniak then said that he would not give the easement unless the
assessments were waived. This property was under condemnation, but it was taken
J ��}
Ii �
REGULAR COUNCIL MEETING OF JUNE 15, 1970
PAGE 2
� back out when Mr. Marciniak said that he would agree to the $50 for the ease-
ment.
Mr. Otterdahl said that he understood that the petition was received, but not
acted upon. Mayor Kirkham saa.d that this was not true� the petition was received,
but the Council decided that there should be no change in assessment policy.
The Council chose not to comply with the'request in the petition, and assess the
same as is done in other areas. Mr. Otterdahl pointed out that i� of the street
was given to the developer. Councilman Sheridan said that it was vacated. The
Ca.ty Engineer showed the street in question on the screen, and pointed out that
if the assessment was waived for the people on the east side, on Madison Street,
the assessment on the people on the west side of Jefferson would be very heavy.
Mayor Kirkham said that the established policy would be followed, as was done
in sa.milar instances. Mr. Otterdahl felt that this was a different situation.
Councilman Liebl said that when the heaxing was held, the people vehemently
stated that when the developer put in the plat, there was an agreement that the
people on the east side of the street would not be assessed. If the Council did
make such a statement, this Council owes it to the people to research the old
Minutes to try to find evidence o£ such an agreement. He pointed out that it
is the people on the west side that get the benefrt. The people on the east
side have already been assessed completely for a street in front of their homes.
He said that he thought that the people understood that there would be no
assessment because '� of the street was given to the developer, He added that
� this is only a temporary street with no concrete curbing and only a thin mat.
MOTION by Councilman Liebl to table this item to the Meeting of July 6, 1970 and
instruct the Administration to research the Minutes when the plat was first
filed to see if these people have a valid argument. Seconded by Councilman
Sheridan with the comment that he thought that it was in 1954 or 1955 that Donnay
first started working in this area. He said that he had some material at his
home that he would make available to the Council on this rtem
There followed a short discussion to determine whether the next Council Meeting
should be on the 6th of July, which is a holiday for the Administration and staff,
or on the 7th. It was agreed that the Council Meeting could be held on the 6th
of July, even though City Hall would be closed during the day.
UPON THE MOTION, all voting aye, Mayor Kirkham declared the motion carried.
Brothen, Inc., 7501 Commerce Lane - Change in Landscaping Plan
Mr. Rolf Brothen said that he was scheduled to appear at the last Counca.l Meeting,
but at the last minute was called out of town. He said that he has changed his
landscaping plan from what was originally approved, and has received the letter
sent out by the Administration at the direction of the Council. He said that he
must apologize for not coming before the Council £or a request for the chanqe,
but he felt that this was an impxovement over the plan that was approved, and
� would not be a detriment to the area. He said that last fall, he did plant some
shrubbery and intended to sod, but an early freeze precluded rt. Those shrubs
that he planted close to the right of way winter killed due to the salt and the
snowplows. This is what prompted his change in plan. He felt that the rock
treatment that he had planned for the front would weather nicely a.n the severe
weather conditions of Minnesota. He said that he has looked at his neighbors
sod and they seem to have experienced some unfortunate weathering also, and in
his opinion, da.d not look too well. He felt that although sod would look nice
���
REGULAR COUNCIL MEETING OF JUNE 15� 1970 PAGE 3
right now with all the rain in the early spring, it would not look as nice in '
July and August. He felt that he would like to put in something more stable, so
he contacted a landscaping firm and they helped him with his plan. In his
opinion the resulting plan is an improvement, rather than a detriment. He said
that the Minutes of the Council Meeting of July Sth refer to Holiday, and pointed
out that the amount of traffic that Holiday has cannot be compared to that that
Brothen has. He said that they have about 9 employees coming into the establish-
ment, and there are about 4 deliveries a day. To make a comparison o£ Brothen
with a�etail establishment would be unfair. He said that as to the weeds that
would grow up through the rocks, they plan on using three mill polyethylene on
the qround to prevent them. He said that they have spent about five times what
would normally be spent on maintaining a yard and he would request some re-
consideration. He added that �ust because this plan is different, does not mean
that it is ugly. He felt that the Council should consider using some sort of
rock treatment in other industrial areas for a good clean effect.
Mayor Kirkham said that he did not mean to compare by his reference to Holiday,
but used it as an example of a rock treatment that deteriorated quickly. It
would look nice at first, but would requixe a lot of work to keep the rocks
contained and the weeds from coming through.
Mr. Brothen pointed out that rock treatments of considerable size have been used
successfully in other areas of the Twin Cities without any problems. He said
that because of the severe heat in the summer and the salt in the winter, he
felt that his plan for rocks could be properly kept, and if not, would welcome
a reprimand from the Council. He felt that he should be given an opportunity to �
try something new. He said that it was never their intention to ciraumvent the
Co¢nci2. He said �iat he felt that his plan would enhance the area and felt
that he should have the opportunity to see if it was not an att�active compli-
ment. He said that the plan was for the front 15' where the shrubs winter
killed, then the pattern continues down to the southwest corner. He suggested
that the Council could set this aside for a year to allow for a comparison of
his plan with those that have sod during the summer months of July and August
when yards are most unattractive.
Councilman Liebl said that the Council has tried to develop Commerce Park into
a desirable environment for commercial enterprises to locate. This is why the
requirements on building permits are so stringent and the Council expeats
compliance. He said that Brothen Inc. is the only firm that did not comply
with the requirements of the building permit. He said that he touxed the area
and in his opinion, there would be rocks strewn all over and would be hard to
contain. Councilman Liebl added that when the building permit was granted Mr.
Brothen stated that he would do what the permit stipulated. He felt that
there was a green strip needed. He asked how could the Council allow this
man to not comply while insisting on compliance by others.
Mr. Srothen said that he must apologize for not coming before the Council,
however, they did spend an extra $2,000. Councilman Liebl said that an applicant
is commrtted when he is granted a building permit and must comply. He said that
the proposal that was submrtted with the building permit application was
acceptable to the Council and he would like to see him live up to it. He said �
that he felt that Brothen Inc. has been given enough time during the visitors
portion of the Council Meeting and he would like to see them comply with the
ordinance. Mr. Brothen reiterated his previous arguments, and commented that his
neighbors lawns are not the epitomy of what landscaping should be. He felt that
he acted in good faith, and that his plans would not be damaging to the City of
Fridley in any way.
" ii
� :, t .�
REGULAR COUNCIL MEETING OF JUNE 15� 1970 PAGE 4
� Mayor Kirkham said that further apologies are not necessary, and that he realized
that aesthetics are a mattex of �udgment. He said that the point was that he
agreed to a certain plan, then did not abide by it. He felt that for the overall
aesthetics of the community, that applicants must follow through with items
agreed upon. He then read Mr. Brothen Councilman Harris' memorandum to the
Mayor dated June 15, 1970 which states that he also must insist on compliance
wrth the building permit plan. Councilman Harris also pointed out in his
memorandum that there is a mobile home that has been illegally parked and would
like to have this moved. Mr. Brothen said that tihis would be moved within the
month.
Mayor Kirkham said that his position would be that Nlr. Brothen is doing what he,
personally, likes and what looks good to him; however in the Mayor's opinion in
the past rocks have not pxoven satisfactory, and there is a lot of maintenance.
Mr. Brothen asked that this be tabled until the plan goes through a few season
changes, then make their decision. Mayor Kirkham said that this could be done,
if a Councilman chose to make such a motion. He, personally, felt that the
plan should be adhered to.
Councilman Sheridan pointed out that there has been a complaint from a member of
the community. He said that he has seen rock used in landscaping areas,
although noi in large areas such as Mr. Bro�.hen suggests. It is usually used
more along sidewalks or around shrubs. He said that he would have to agree
� with Councilman Liebl and Mayor Kirkham. He questa.oned whether there could be
some modification of the plan to use some of the rocks that he already has
hauled in, and incorporate them into his original plan, so that his loss would
not be too great. He wondered whether the rocks could be used between the walk
and the bua.lding. The landscaping plan is a requirement of a building permit and
they are controlled by ordinance. This is why it should have come back for re-
evaluation. Mr. Brothen asked if it would be possible to study this with some
other body, such as the Planning Commission. Mayor Kirkham felt that inasmuch
as this is a violation of the building permit, the Council should be the ruling
body. He pointed out that thexe have already been four Councilmen that have
expressed dissatisfaction with the request. Mr. ffiothen said that to remove
the rocks would be an exhorbitant cost. Mayor Kirkham asked if he would care to
try to modify his plan to try to satisfy the Council and himself.
Councilman Sheridan pointed out that if there was not already occupancy, he would
not get an occupancy permit. He said that he felt that if a plan is not followed,
they would be opening the door for anyone in the community to do �.he same. He
said that when he first looked at the property, there was a pile of rocks, now
he has gone to the expense of spreading them. Mr. Brothen said that he hoped
that it would look attractive to the Council once it was spread out.
Councilman Breider said that he has talked af sod being hard to maintain. He
asked what kind of maintenance he would give it. Mr. Srothen said that he would
do as his nezghbors do. The appearance of their sod is what prompted his attempt
to come up with a better plan. Councilman Breider said that he has talked of
� winter kill of the sod, yet when he drives through Edina, there are lush green
strips that are doing very nicely and the traffic is very heavy. Mr. Brothen
said that this is not the general rule in the neighborhood he is located in.
Councilman Breider said that he would appreciate a green strip rather than all
that rock. He suqgested as Councilman Shexidan did, that it could be used in
isolated areas.
���
REGULAR COONCIL NIEETING OF JUNE 15� 1970
PAGE 5
MOTION by Councilman Liebl, in an attempt to meet the applicant half way, to
bring this back at the next regular Council Meeting of July 6, 1970. Applicant
to present a plan which incorporates the original plan and his plan to try to
reach a compromise satisfactory to both the applicant and the Council.
Mr. Brothen asked zf there was anyone he could work with to guide him in what the
Council would find acceptable. Councilman Liebl suggested that he could meet
with the City Engineer. Mayor Kirkham commented that he did not feel that the
City Engineer should be put in the posYtion of a consultant. Mr. Brothen said
that he need not be a consultant, but rather �ust point out any suggestions that
would meet with the Council approval.
COUNCIT�MAN HARRIS ARRIV�D AT 8:35 P.M.
Mayor Kirkham explained the motion before the table and Mr. Srothen outlined the
reasons that prompted his actions to Councilman Harsis.
Councilman Harris said that he had looked at his neighbors property and they seem
to be doing a reasonably good 7ob. He said that he was up in that area and was
appalled at what Mr. Brothen is suggesting_ He £elt that crushed rock is su�table
for driveways, but not for an entire front yard. He said that his business takes
him to other business enterprises, and he has yet to see an a11 crushed rock front
yard. He said that it appeared that Mr. Brothen did as he pleased.
THE MOTION was seconded by Councilman Breidex. Upon a voice vote, Liebl and
Breider voting aye, Harris, Sheridan and Kirkham voting nay, Mayor Kirkham declared
the motion FAILED.
Mr. Brothen asked Yf there was any further appeal. The acting City Attorney
(Mr. Wyman Smifh in the absence of Leonard Susterj said that the Council has
�urisdiction over building permits, and it would be a legislative matter to
determine if the Council had acted arbitrarily or capriciously. In this
instance, they are onZy insisting on what was agreed upon by both parties.
ORDINANCE #459 - AN
pMFNDING
ION 45.103 RELATING TO THE LOT AREA
MOTION by Councilman Harris to adopt Ordinance #459 on second reading, waive the
reading and order publication. Seconded by Councilman Sheridan. Upon a roll
call vote, Breider, Sheridan, Kirkham, Liebl, and Harris voting aye, Mayor
Kirkham declared the motion carried unanimously.
At this point the Council took up the item under the Building Standards -
Design Control Meeting Minutes, as the lady present was pressed for time.
CONSIDERATION OF A REQUEST TO MOVE A GARAGE FROM 3534 MARSHALL STREET N.E.�
MINNEAPOLIS, MINNESOTA TO 685 GLENCOE STREET N.E., ERIDLEY� MIPdC�iESOTA� THE SAMF
BEING LOTS 25 AND 26, BLOCK S, RIVERVIEW HEIGHTS ADDITION� ANOKA COIINTY� MINNESOTA.
{REQUEST BY CHESTER SCHACK 3534 MARSHALL STREET N.E. MINNEAPOLIS, MINCQESOTA):
The City Engineer said that this request is for moving a garage onto their
property and the Building Board recommended approval with some stipulations.
Mrs. Schack said that her husband will be building their house and the plans have
already been approved. She said that the reason the garage has no siding now
was that they wanted to wait until they could side it with the same siding as the
1
�
'
� ,� �
REGULAR COUNCIL MEETING OF JUNE 15�1970 PAGE 6
� house. The City Engineer asked if the house would be done th�.s year_ Mrs_
Schack said that she was not sure. The Building Board said that they would
give her 90 days to side the garage. Councilman Sheridan asked if the garage
would be used in any way as living quarters and Mrs. Schack replied no
Councilman Liebl asked if she was agreeable to the stipulations and she replied
that she was. Councilman Liebl asked Yf there were any ob7ecta.ons and she said
no, there were not. Councilman Breider asked if the Building Board had seen
the plans for the house and Mrs. Schack said that they had.
MOTION by Councilman Breider to concur with the Building Standards - Desa.gn
Control Subcommittee and grant the request for Mrs. Schack to move a garage,
sub7ect to their stipulations. Seconded by Councilman Liebl. Upon a voice
vote, all voting aye, Mayor Kirkham declared the motion carried unanimously.
DISCUSSION REGARDING ESTIMATE - D.M. NOYE5 CONSTRUCTION COMPANY: (PROJECT #93
The City Engineer handed the Council a list of the work completed to date and a
copy of Estimate #1D
MOTIDN by Counca.lman Liebl to authorize payment of Estimate #10 in the amount
of $6,044.40, payable to D.M. Noyes Construction Company and their bonding company.
Seconded by Councilman Breider. Upon a voice vote, all voting aye, Mayor
Kirkham declared the motion carried unanimously.
DISCUSSION REGARDING ADDITIONAL STORM SEWER IN HARTMAN CIRCLE: (ST. 1970-1)
� Councilman Breider said that a.t seemed that at the heaxinq, the ma7ority of the
people did not favor the additional storm sewer system being installed. He
felt that as has been done in the past, the prevailing petition should guide the
Council's decision. He pointed out that the City Engineer has stated that the
drainage as originally engineered would drain the water, and the low spot would
be taken care of.
The City Engineer said that they would be receiving a minimal slope to the street
and the water would eventuallp drain into the southeast corner.
Councilman Liebl pointed out that first there was a petition £ar an additional
storm sewer system as some of the people felt that the additional cost would be
money well spent. Then the Council received a petita.on against any addita.onal
storm sewer dxainage system because these people felt that the plan as pxesented
by the Engineering Department would take care of the water. He said that the vote
showed that 13 people favored no addrtional system and 8 favored the a.ncreased
system. He thought that about 4Q� of the people were present £rom the area.
He recalled that there was a 7% difference in cost, and the cost without the
increase would be about $12.50 per foot.
Counca.lman Breider sard that to his way of thinking, graded properly the problem
would be taken care of. Councilman Liebl said that it was a problem of whether
the people would be assessed $12.50 per foot of $13 50 per foot. He pointed out
� that for Hora.zon Drive the City Engineer advised that there should be some
additional storm sewer work and he was very glad that it was done.
MOTION by Councilman Breider to reaffirm the Council position on the impxovement
of Hartman Circle and put in the street as originally engineered. Seconded by
Councilman Sheridan. Upon a voice vote, all voting aye, Mayor Kirkham declared
the motion carried unanimously.
�
�_ �
REGULAR COUNCIL N1E�TING OF SUNE 15, 1970
ADOPSION OF AGENDA:
PAGE 7
Mayor Kirkham said that there were some items to add as follows:
Under communscations: B. NSP Transmission Report. C: Easement agreement with
Mr. & Mrs. Leslie W. Wilke, D. Jolly Jester Amusement Co, request for a"Moon-
Walk" ride/amusement device at Holiday Village North. He said that there was
also a livestock license to add for Phillip Willson, and that Item #4 (Discussion
regarding sewer charges for driving range) is to be deleted.
MOTION by Councilman Sheridan to adopt the remainder of the Agenda as amended.
Seconded by Councilman Liebl. Upon a voice vote, all voting aye, Mayor Kirkham
declared the motion carried unanimously.
FIRST READI.NG OF AN ORDINANCE TO AMEND THE CITY COpE OF THE CITY OF FRIDLEY�
MINNESOTA BY MAKING A CHANGE IN 20NING DISTRICTS: (ZOA #70-04) Rezone area
generally located at the corner of 73rd Avenue and Central Avenue N.E. by Cpl.
James L. Robinson by G.D. Giancola, his Attorney.
The Crty Engineer said that this re2oning ordinance was so that a gas station
could be put in on the corner of 73rd Avenue and Central Avenue. He said that
the applicant has not been able to get together with h�m concerning the need
for some additional land for street right o£ way.
�
Mayor Kirkham said that the applxcant was told at the Public Hearing that the
Council would indicate their intention at the first reading of the Ordinance, '
then the second reading would be held until time to grant the special use permit,
the vacation of Brooks Street is completed and the turnxng lane is settled.
Councilman Breider suggested that the City Engineer mention to�the applicant that
as they own all the land ad7acent to this corner, that they should clean it up.
He said that there were some 7unk cars etc. in there.
MOTION by Councilman La.ebl to approve the rezoning ordinance on first reading and
waiae the reada.ng. Seconded by Councilman Sheridan, Upon a roll call vote,
Sheridan, Kirkham, Liebl, Harris, and Breider voting aye, Mayor Kirkham declared
the motion carried unanunously.
RECEIVING THE MINUT�S OF THE PLANNING COMMISSION MEETING OF JUNE 3, 1�970:
1. SPECIAL USE PERMIT� SP #70-02� BY RECREATION EQUIPM�ENT SALES� INC. (GLEN
W. MISCHICE) To pesmrt retail sales of campers, trailers, motor homes,
recreational equipment in a C-25 District (general shopping areas) to be
located on Lots 1 and 5, Block 1, Herwal 2nd Addition.
The City Engineer reported that the Planning Commission recommended denial of
this request.
MOTION by Counci]man Liebl to concur with the recommendat�.on of the Planning
Commission and deny the request. Seconded by Councilman Breider. Upon a voice
vote, all voting aye, Mayor Kirkham declared the motion carried unanimously. '
2. SPECIAL USE PERMIT SP #70-04, A.T. GEARMAN DBA R& A HOLDING CO.: Part of
Lot 4, Auditor's Subdivision #59. Part of vacant lot (120'X100') to be used
for Mobile Home Sales.
The Crty Engineer reported that this request was denied by the Planning Commission
also.
i��
REGULAR COUNCIL MEETING OF JUNE 15, 1970 PAGE 8
� MOTION by Councilman Sheridan to concur with the recommendation of the Planning
Commisslon and deny the request. Seconded by Councilman Liebl. Upon a voice
vote, Kirkham, Liebl, Breider, and Sheridan voting aye, Harris abstaining,
Mayor Kirkham declared the motion carried.
3 CONSIDERATION OF RESOLUTION BY PLANNING COMMISSION RE. IMPROVEMENT OF
DIRECTIONAL AND LANE IDENTIFICATION 5IGNS AT I. 694 INTERCHANGE WITH ANOKA
COUNTY HIGHWAY #1 AND STATE TRUNR HIGHWAY #47:
The City Enga.neer said that the Planning Commission has requested the Council to
ask the Highway Department to put in additional signs on Universrty Avenue and
East River Road, at I. 694. He said that his recommendation would be to ask
the Highway Department to make studies to see if it would be feasible to do this
at these locations. He pointed out that the signals at East River Road and
2. 694 should ease the confusion in that area.
RE50LUTION #113-1970 - A RESOLUTION REGARDING THE IMPROVEMENT OF THE
DIRECTIONAL AND LANE INDENTIFICATION SIGNS OF INTERSTATE HIGHWAY NO. 694
INTERCHANGES WSTH ANOKA COUNTY HIGHWAY NO. 1 AND STATE TRUNK HIGHWAY NO.
MOTION by Councilman Harris to adopt Resolution #113-1970 and incorporate the
ideas of the Planning Commission into the Resolution. Seconded by Councilman
Sheridan. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion
carried unanimously.
� MOTION by Councilman Liebl to receive the Minutes o£ the Planning Commission
Meeting of June 3, 1970. Seconded by Counca.lman Sheridan. Upon a voice vote,
all voting aye, Mayor Kirkham declared the motion carried unanimously,
RECEIVING THE MINUTES OF THE BUILDING STANDARDS - DESIGIV CONTROL
MEETING OF JUNE 4, 1970:
NOTE: The item for Mrs. Chester Schack was taken up previously in the Meeting.
MOTION by Councilman Sheridan to receive the Minutes of the Building Standards -
Design Control Subcommittee Meeting of June 4, 1970. Seconded by Councilman
Liebl. Upon a voice vote, all voting aye, Mayor Kirkham dealared the motion
carried unana.mously.
RECEIVING THE MINUTES OF THE BOARD OF APPEALS MEETING OF JUNE 9, 1970
1. A REQUEST FOR A VARIANCE OF SECTION 45.053, 4B, S[7BPARAGRAPH 4B, FRIDLEY CITY
CODE, TO REDUCE THE SIDEYARD REQUIREMENT FOR AN ACCESSORY SUIL➢ING OPENING
ON A SIDE STREET FROM 25 FEET TO 16 FEET� TO PERMIT THE CONSTRUCTION OF AN
ATTACHED GARAGE ONTO EXISTTNG DWELLING� LOCATED ON LOT 7� BLOCK 1, OSBORNE
MANOR 2ND ADDITION, THE SAME BEING 401 76TH AVENUE N.E., FRIllLEY� MINNESOTA.
(REQUEST BY MR. CARL E. GABRIEL� 4D1 76TH AVENUE N.E., FRI➢LEY, MINNESOTA):
The Ca.ty Engineer repoxted that the Board of Appeals mcommended approval of this
� reguest.
MOTION by Councilman Breider to concus with the Board o� Appeals and grant the
request for the variance. Seconded by Councilman Sheridan. Upon a voice vote,
all voting aye, Mayor Kirkham declared the motion carried unanimously.
� � �'
REGULAR COUNCIL MEETING OF JUNE 15� 1970
2
PAGE 9
A REQUEST FOR A VARIANCE OF SECTION 45.053, 4B� SUBPARAGRA.PH 3, TD REDUCE
THE SIDEYARD ADJOINING AN ATTACHE➢ GARAGE FROM 5 FEET TO 2 FEET TO ALLOW THE
CONSTRUCTION OF AN ATTACHED GARAGE ONTO EXISTING HOUSE LOCATED ON LOT
24, AND THE SOUTH %z OF LOT 25, BLOCK 7, HYDE PARK ADDITION, THE SAME BEING
6035 2ND STREET N.E., FRIDLEY, MINNESOTA. (REQUEST BY MR. RODNEY L. TROCKE,
6035 2ND STI2EET N.E., FRIDLEY, MINNESOTA):
The City Engineer reported that the Board of Appeals recommended appxoval
sub7ect to the applicant fireproofing the garage with 5/8 inch sheetxock.
MOTION by Councilman Harris to concur with the Boa.td of Appeals and grant the
request for the variance sub�ect to the applicant fireproofing the garage.
Seconded by Councilmari Sheridan. Upon a voice vote, all voting aye, Mayor Kirkham
declared the motion carried unanimously.
3. A REQUEST FOR VARIANCES OE SECY'ION 56.04, 2E� FRIDLEY CITX CODE, TO REDUCE
THE DISTANCE A SIGN IS REQUIRED TO BE SET BACK FROM A STREET INTERSECTION�
FROM SOD FEET TO 400 FEET AND SECTION 56.04� 2F� FRIDLEY CITY CODE� TO
REDUCE THE DISTANCE A SIGN IS REQUIRED TO BE SET BACK FROM ANY PARK� FROM
500 FEET TO 340 FEET TO PERMIT A1Q EXISTING SIGN TO BE RELOCATED ON OUTLOT
2, FRIDLEY INDUSTRIAL PARK ADDITION, THE SAME BEING 7002 HIGHWAY #65�
FRIDLEY� MINNESOTA. (REQUEST BY NAEGELE OUTDOOR ADVERTISING COMPANY�
17D0 WEST 78TH STREET� MINNEAPOLIS� MINNESOTA):
'
4. A REQUEST FOR VARIANCES OF SECTION 56.04� 2E� FRIDLEY CITY CODE� TO REDUCE
THE AISTANCE A STGN IS REQUIRED TO BE SET SACK FROM A STREET INTERSECTION� �
FROM 500 FEET TO 400 FEET AND SECTION 56.D4� 2F, FRIDLEY CZTY CODE� TO
REDUCE THE DISTANCE A SIGN IS REQUIRED TO BE SET BACK FROM ANY PARK, FROM
S00 FEET TO 150 FEET TO PERMIT THE ERECTION OF A SIGN TD BE LOCATED ON
PART OF PARCEL 4780, SECTION 12, TOWNSHIP 30� RANGE 24, ANOKA COUNTY�
MINNESOTA, THE SAME BETNG 7365 HIGHWAY #65 N.E., FRIDLEY� MINNESOTA.
(REQUP�ST BY NAEGELE OUTDOOR ADVERTISING COMPANY, 1700 WEST 78TH STREET,
MINNEAPOLIS, MINNESOTAI:
The City Engineer reported that these variances for signs were approved by the
Board of Appeals, but there is no action by the Council required at this time
as they must also go before the Planninq Commission for a spec.tal use permat.
MOTION by Councilman Liebl to receive the Minutes of the Board of Appeals
Meetinq of June 9, 1970. Seconded by Councilman Sheridan. Upon a voa.ce vote,
all voting aye, Mayor Kirkham declared the motion carried unanimously.
RECEIVING THE MINUTL^'S OF THE FRIDLEF HUMAN RELATIDNS MEETING OF NIAY 28� 1970:
MOTION by Councilman Harris to receive the Minutes of the Fridley Human Relations
Committee Meeting of May 28, 1970. Seconded by Councilman Liebl. Upon a voice
vote, all voting aye, Mayor Kirkham declared the motion carried unanimously.
DISCIISSION REGARDING WATER LINE PROBLEM IN HSCKORY DRIVE AREA: (ST. 1970-1}
The Crty Engineer explained that in this area, the City is planning to improve '
the street. N.S.S.S.D. is installing two sanitary sewer force mains and the City
is installing an extension to the storm sewer. There have been three water
main breaks in this area last year. Due to the cancern on the watex line, it
was dug up in certain areas and they found that the action of the soil has eaten
� ��
REGULAR COUNCIL MEETING OF JUNE 15, 1970 PAGE 10
� away the bolts on the line. In some instances the bolts were corroded through.
There are certain types of soil that do exert this corrosive action on caslc iron.
The flanges and the bolts and certain sections of the pipe will have to be
replaced. He saa.d that he wanted to make sure the water line is fixed before the
street improvement goes in. He indicated that they were studing ways to try to
prevent this corrosive action, perhaps by the use of polyethylene. The cost
would be about $10,000. He said that he would try to negotiate wrth a contractor
that is now under contract wrth the City.
Councilman Liebl asked when the water line was put in. The City Engineer said
1956. Mayor Kirkham suggested that the Council should meet June 22, 1970 at
5:00 P.M. on the Noyes matter, so they wuld also mnsider this item, when there
is more information available. The City Engineer said that this would be an
expensive �ob, and that the whole line would have to be checked•
NOTE: It was agreed by the Council to meet at 5.00 P.D1. June 22, 1970.
MOTION by Councilman Harris to receive the repost by the City Engineer_
Seconded by Councilman Sheridan. Upon a voice vote, all voting aye, Mayor
Kirkham declared the motion carried unana.mously.
RESOLUTION #114-1970 - RESOLUTION ORDERING IMPROVEMENT AND FINAL PLANS AND
SPECIFICATIONS AND ESTIMATES OF COSTS THEREOF STREET IMPROVEMENT PROJECT
ST. 1970-4, ADDENffiM #2:
� MOTION by Councilman Harris to adopt Resolution #114-1970. Seconded by Councilman
Liebl, Tlpon a voice vote, all votinq aye, Mayor Kirkham declared the motion
carried unanimously.
RESOLUTION r�ll5-1970 - RESOZUTION ORDERING IMPROVEMENT, APPROVAL OF PLANS AND
ORDERING ADVERTISEMENT FOR BIDS: STREET IMPROVCMENT PROJECT ST. 1970-4:
MOTION by Councilman Liebl to adopt Resolution #115-1970. Seconded by Council-
man Harris. Upon a voice vote, all voting aye, Mayor Kirkham declared the
mo�ion carried unanimously.
RE50LUTION #116-1970 - A RESOLUTION ORDERING PRELIMSNARY PLANS, SPECIFICATIONS
AND ESTIMATES OF THE COSTS THEREOF: STREET IMPROVEML'NT PROJECT ST. 1970-3:
MOTION by Councilman Harris to adopt Resolution #116-1970. Seconded by Councilman
Liebl. Upon a voice vote, all voting ape, Mayor Kirkham declared the motion
carried unanimously.
RESOLUTION #117-1970 - A RESOLUTION REQUESTING MINNESOTA HIGHWAY DEPARTMENT TO
INSTALL "NO PARKING" SIGNS ON INTERSTATE NO. 694 OUTERDRIVE ALONG SKYWOOD
APARTMENTS:
Councilman Sheridan commented that the parking problem is the most prevalent
along the service drive, and that the curved area causes problems as a car
� cannot see anything that may be coming from the other way. Councilman Harris
wondered whether there should not be "NO Parking" signs on Matterhorn Bridge.
The City Engineer pointed out that it is illegal to park on a bridge anyhow.
Councilman Harris felt that the signs might act as a reminder, as he has seen
cars parked on the bridge.
�`�`)
�
REGULAR COUNCIL M�^ETING OF JUNE 15, 197D
PAGE 11
MOTION by Councilman Sheridan to adopt Resolution #117-1970. Seconded by �
Councilman Breider. Upon a voice vote, all voting aye, Mayor Kirkham declared
the motion carried unanimously.
RESOLUTION #118-1970 - A RESOLUTION CONFIRMING ASSESSMENT EOR SANITARY SEWER
IMPROVEMENT PROJECT N0. S 91:
MOTION by Councilman Liebl to adopt Resolution #118-1970, Seconded by Council-
man Harris. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion
carried unanimously.
RESOLUTION #119-1970 - A RESOLUTION ORDERING PRELIMINARY PLANS� SPECIFICATIONS�
AND ESTIMATES OF THE COSTS THEREOF: STREET IMPROVEMENT PROJECT ST. 1971-1 AND
ST. 1971-2 (MSAS):
MOTION by Councilman Harris to adopt Resolution #119-197D. Seconded by Council-
man Liebl. Upon a voice vote, all voting aye, Mayor Kirkham declared-the motion
carried unanimously.
RESOLUTION #120-1970 - A RESOLUTION RECEIVING THE PRELIMSNARY REPORT AND CALLING
A PUBLIC HEARING ON THE MATTER OF THE CONSTRUCTION OF CERTAIN IMPROVEMENTS:
STREET IMPROVEMENT PROJECT ST. 1971-1 AND ST. 1971-2 (MSAS):
MOTION by Councilman Harris to adopt Resolution #120-1970. Seconded by Council-
man Sheridan. Upon a voice wte, all voting aye, Mayor Kirkham declared the �
motion carried unanimously.
RESOLUTION #121-1970 - A RESOLUTION AUTHORIZING AND DIRECTING THE COMBINING
PART OF LOT S, BLOCK l� LYING N'LY OF A LINE WHICH IS PARALLEL TO THE N'LY LINE
OF SAID LOT AN➢ 90' S'LY OF SAID N'LY LINE AS MEASURED ALONG THE E'LY LINE OF
SAID LOT, ET.WELL'S RIVERSI➢E H$IGHTS:
MOTION by Councilman Liebl to adopt Resolution #121-1970. Seconded by Council-
man Sheridan. IIpon a voice vote, all voting aye, Mayor Kirkham declared the
motion carried unanimously.
R�SOLUTION �122-1970 - A RESOLUTION AUTHORIZING AND DIRECTING THE 5PLITTING OF
SPECIAL ASSESSM�NTS ON LOT 4� BLOCK 1� HERWAL 2ND ADDITION:
MOTION by Councilman Liebl to adopt Resolution #.L22-1970. Seconded by Council-
man Sheridan. Upon a voice vote, all voting aye, Mayor Kirkham declared the
motion carried unanimously.
RESOLUTION �123-1970 - A RE50LUTION AUTHORIZING AND LIRECTING THE COMBINING OF
SPECIAL ASSESSMENTS ON LOT 20, BLOCK 4, L6T 21, BLOCK 4, AND LOT 22� AND SOUTH '�
OF LOT 23, BLOCK 4. HYDE PARK ADDITION:
MOTION by Councilman Liebl to adopt Resolution �123-1970. Seconded by Councilman
Sheridan. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion �
carried unanimously.
CLAIMS:
MOTION by Councilman Harris to authorize payment of General Claims #21537 through
#z1820 and Liquor Claims #4521 through #4576. Seconded by Councilman Breider.
Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried.
�.__J
REGULAR COUNCIL MEETING OF JUNE 15, 1970
LICENSES:
General Contractor
Exterior Design Service
6391 Monroe N.E.
Fridley, Minnesota
Gusa Builders
Princeton, Minnesota
Masonry
Tom Rochel Concrete Inc.
12445 Riverridge Boulevard
Burnsville, Minnesota
Heating
By: Paul W. Kilgore
By: Sames Gusa
By Tom Rochel
Citywide Plumbing & Hea-r.ing Corp.
2912 Bloomington Avenue
Minneapolis, Minnesota By: R.B. Cedergren
PAGE 12
Approved By
Building Inspector
Building Inspector
Building Inspector
Plumbing Inspector
The City Engineer said that the additional license to add was a livestock license
� for two horses requested by Mr. Phillip Willson, 401 Ironton Street N.E. He
sugqested that the license could be granted sub�ect to a signed agreement
requesting the following stipulations:
1
2
3
Get permission in writing from Mrs. Florence Swanson, property owner of
Parcel 1290, Section 3, that she has no ob7ection about the existing fence
on her east property line.
Get permission in writing from the owner of Parcel 1350, Section 3, Mrs.
Fern Blegen, to house the 2 horses on her property_
Upgrade the exista.ng inadequate housing, to acceptable standards, by
November lst, 1970.
MOTION by Councilman Breider to qrant the forego.tng licenses, includa.ng the
livestock license for Phillip Willson sub�ect to the signed agreement. Seconded
by Councilman Harris. Upon a voice vote, all voting aye, Mayor Kirkham declared
the motion carried.
ESTIMATES:
Hall, Smith, Juster, Feikema and Haskvitz
Attorneys at Law
1050 Builders Exchange Suilding
Minneapolis, Minnesota 55402
� 5/13/70 Leqal Services 4/1/70 thru 4/30/70
Not covered by Yetainer
5/22/70 Spring Lake Park Storm Sewer�
Water Pro7ect 95 & Water Pro]ect 93
$440.00
$587.50
�� .� .Z
L �r3
� ��
REGULAR COUNCIL MEETING OF JUNE 15, 1970
ESTIMATES CONTINUED.
6/1/70 Retainer, Criminal Prosecutions
and Secretarial
6/1/70 Retainer for May
Weaver, Talle & Herrick
316 East Main Street
Anoka, Minnesota 55303
For services rendered through June 9, 1970
George NL Hansen Company
175 South Plaza Building
Minneapolis, Minnesota 55416
Annual Audit of the City of Fridley
$615.00
$700.00
PAGE 13
$2,342.SD
$ 615.00
$6,SOO.DO
MOTION by Councilman Harris to authorize payment of the estimates. Seconded by
Councilman Sheridan. Upon a voice vote, all voting aye, Mayor Kirkham declared
the motion carried unanimously.
COMMUNICATIONS•
A. EARL T. GRASSIT: SUPPER CLiTB IN FRIDLEY
MOTION by Councilman Iiarris to receive the communication from Earl T. Grassit
dated June 8, 1970. Seconded by Coucilman Breider. Upon a voice vote, al2
voting aye, Mayor Kirkham declared the motion carried unanimously.
B. NSP. TRANSMISSION REPORT
MOTION by Councilman Breider to receive the NSP transmission report dated June
12, 1970. Seconded by Councilman Harris. Upon a voice vote, all voting aye,
Mayor Kirkham declared the motion carried unanimously.
C. EASEMENT AGREEMENT WITH MR. AND MRS. LESLIE WILKE: FOR WATER AND SEWER LINES
(LOt 9, Block 2, Sandhurst Addition)
MOTION by Councilman Shridan to authorize the Mayor and the City Manager to sign
the agreement for an easement for the installation of a water and sewer line to
serve Lot 9, Block 2, Sandhurst Addition. Seconded by Councilman Harxis. Upon
a voice vote, all votzng aye, Mayor Kirkham declared the motion carried unanimously.
D. SOLLY JESTER AMUSEMENT CO.. REQUEST FOR "MOON WALK"
MDTION by Councilman Harris to grant approval of the request for a ride/amusement
device at Holiday Village North for the period of June 22 through July 5, 1970
requested in their communication dated June 15, 1970. Secanded by Councilman
Sherxdan, Upon a voice vote, all voting aye, Mayor Kirkham declared the motion
carrYed unanimously.
�
�
'
�
�
L._.�I
REG[7LAR COUNCIL MEETING OF JUNE 15, 1970
9
PAGE 14
MOTION by Councilman Liebl to adjourn the Meeting. The motion was seconded and
upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried and
the Regular Council Meeting of June 15, 197� ad�ourned at 9:35 P.M.
Respectfully submitted,
J� M��{�
Secretary to the C.tty Council
In
i
• �� Cr� ���i�1 <"._
ack O. Kirkh m
Mayor
�
� �P�