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07/20/1970 - 00018653� 4� �, a � THE MIN[1TES OF THE REGULAR COUNCIL MEETING OF JULY 20, 1970 Mayor Ka.rkham called the Regular Council Meeting of July 20, 1970 to order at 8:05, and appologized for the lateness of the hour, and explained that the Council had a meeting with the George Hansen Company, auditors for the City. He said that the City is in excellent condition and they received compliments on the excellence of the staff. PLEDGE OF ALLEGIANCE: Mayor Kirkham lead the Council and the audience a.n saying the Pledge of Allegiance to the Flag, INVOCATION: Revexend Bergxen, Redeemer Luthezan Church offered the Invocation. ROLL CALL: MEMBERS PRESENT: Kirkham, Liebl, Harris, Breider MEMBERS ABSENT: Sheridan � APPROVAL UF MINUTES OF THE REGULAR COlINC2L MEETING OF JULY 6, 1970: MOTION by Councilman Liebl to adopt the Minutes of the Regular Council Meeting of July 6, 1970 as presented. Seconded by Councilman Sreider. Upon a voice vote, all voting aye, Mayor Kirkham declared the mota.on carried. APPROVAL OF MINUTES OF THE SPECIAL PUBLIC HEARING AND WORKSHDP MEETING OP SULY 13, 1970: MOTIDN by Councilman Harris to adopt the Minutes of the Special Public Hearing and Workshop Meeting of Suly 13, 1970 as presented. Seconded by Councilman Breider. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried. ADOPTION OF AGENDA: Councilman La.ebl said that he has recea.ved a petition wi!ich should be received under the consideration of 5t. 1971-1 and 1971-2 Street Pro7ect. CQOTION by Councilman Liebl to adopt the Agenda with the additian of: Petition #11-1970. Property Owners Not in Favor of an Improved Alley Between 5th Street and 6th Street from 53rd Avenue to 54th Avenue. Seconded by Councilman Harris. Upon a voice vote, a11 voting aye, Mayor Kirkham declared the motion carried. � VISITORS: Mr. Jerry Schroer representing Brothen Inc. - Landscaping Plan The City Engineer said that Brothen had met with Hob's Produce Ranch and they habe"come up with a plan. He then submitted copies of their plan to ? �� � REGULAR COUNCIL MEETING OF JULY 20, 1970 PAGE 2 the Council along with a letter from Brothen Inc. agreeinq to certain � conditions. They have agreed to sod a 25' area in front of the building, along with the empty lot on the north side along their frontage. They have added on 5 more green ash trees. They will provide a concrete bumper and wood border along the back to retain the rock. They have stated that they will maintain about 5' of their neigYil�ors land to the south to make sure they did not inconvenience their neighbors with the rock scattering about. They have added more large rocks to the landscaping and they have agreed to cut and maintain the green strip. Councilman Liebl said that when Mr. Brothen came before the Council he did not comply with the original intent for landscaping on the building pexmit. He was instructed by the Council to comply. Mr. Schroer said that Mr. Brothen's feeling was that the Council wanted a green strip all the way across, and this plan is submitted as a compromise. Ha.s understanding was that the Council wanted a green strip across the front, so he pulled the rock back about 25'. On the south side they have agreed to maintain about 6' of their neighbor's property. Councilman Harris said that he had looked at this at Mr. Schroer's request. He felt that the Council granted the building permit predicated on site development and landscaping plans being adhered to. He felt that unless this was enforced, they would be in a poor position to enforce with someone else. Someone could come in with a nice landscaping plan and , get it approved, then not adhere to it. This has been the situation in this case. He said that he recognized the expense involved in removal of the rock and replacing with sod. He said that what was submitted on the plan this evening is somewhat of a compromise, however, he felt that it should include more green area, He said that he has discussed this with Jerry Schroer. He said that he recognized Brothen's intent was to upgrade rather than downgrade, but this is not how it appears to the Council. Mr. Schroer said that this was correct, Mr. Brothen felt that he was upgrading the original plan, rather than downgrading it. Councilman Harris asked what was the setback in this area. She City Engineer said 60' from the property line. Councilman Harris said that he would like to see some grass as an adequate green barrier put through the center and have some of the rock removed. The property owners to the south should not have to put up with his rock, and the Council cannot accept the condita.on that Brothen will maintain someone else's yard. Councilman Liebl asked how big the trees were. Mr. Schroer said 5 trees, 2" - 2;". Councilman Liebl said that at the last Meeting this was discussed he was one of the Councilmen who felt that they ColllC� compromise. He asked if Mayor Kirkham and Councilman Harris were willing to accept this plan. Councilman Harris said that the Council should not be put in this position. It was not the Council's fault that he entered into this contract for his � own landscaping plan. He pointed out that the Council has insisted on other developers in Commerce Park following their plans. He said that he would approve the compromise wrth the removal of the rock alonq the south portion and a 20' green strip through the center. He added that he did not feel that the Council should be put in the position of making deals with other property owners as far as the maintenance goes for the property o*Jner to the south. A �� REGULAR COUNCIL MEETING OF JULY 20,1970 PAGE 3 � There followed a conference at the Council table while looking at the plans. Councilman Liebl asked how the grass looks in other areas of Commerce Park. Councilman Harris said that the grass in front of Minco and Takkenin looks very nice. MOTION by Councilman Breider to adopt the new landscaping plan as marked "Exhibit Master Mark-up: 7-20-70", which shows a 25' strip along the front with an additional 20' strip in the front yard and 5' along the south side to be sodded. Seconded by Councilman Harris. Upon a voice vote, all votinq aye, Mayor K�.rkham declared the motion carned. Complaint of Water Standing on Osboxne Road at Arthur Street A member of the audience said that he lives in the vicinity of Osborne Road and Arthur Street and there has been water standing in Osborne Road when rt xains for two yeaxs. He wondered if and when this could be taken care of. He said also they have been told that there was going to be a beach in this area and wondered when. Mayor Kirkham told him that the City is still working on the beach and that it has been a slow process, but it is still coming. The City Engineer said that the area by Arthur Street will be taken over by the S�ri�g Lake Park School District for an elementary school, so this will affect the area quite a bit. He said that he had h�ped that when the County improved Osborne Road that they would take care of the problem of the water standing. Councilman Breider � asked that the Administration look into it and see if there is anything that can be done. Mr. Richard Harris - Sprinkling Ban Mr. Richard Harris asked Lf there was a sprinkling ban on now. The City Manager said no, only that the sprinkling should be done on odd days by odd numUered houses and even days by even numbered houses. The City Engineer added that the facilities are now good enough to take caxe of any sprinkling. There are two more wells in operation so the residents can sprinkle. It is very difficult to enforce the sprinkling ban anyhow. A meml�er of the audience said that a Police O££icer told him to stop spra.nkling, yet at Onans they sprinkle every day. The City Engineer said that generally enforcement is only when the water shortage is critical. Mayor Kirkham added that he thought that Onans had an independent sprinkling system. ORDINANCE NO. 460 - AN ORDINANCE TO AMEND THE CITY CODE OF THE CITY OF FRIDLEY, MINNESOTA� BY MZ1I�.ING A CFIANGE IN ZONING DISTRICTS: (ZOA #70-04) Rezoning area Generally Located at the Corner of 73rd Avenue & Central Avenue N.E., by Cpl. James L. Robinson, by C-.D. Giancola, his attorney. m CONSIDERATION OF LOT SPLIT L.S. #70-05 AND SPECIAL USE PERMI'I' SP #70-OS ' AND APPROVAL OF PLANS FOR 5KELLY OIL 5ERVICL' STATION: The City Engineer said that this is the area being proposed for develop- ment by Ske11y �il Service Company. The lot split has been approved by Planning Commission and the Council has taken care of the special use permit and the first reading of the rezoning ordinance. On Pages 34 & 35 li0 REGULAR COUNCIL MEETING OF JULY 20� 1970 PAGE 4 of the Council Agenda are the Minutes of the Building Standards - Design ' Control pertaining to their plans. They have approved the plans as submitted with some stipulations. His recommendation was if the Council wished to concur, that they authorize the Administration to proceed with issuing the building permrt and hold the publication of the ordinance until the deeds for additional turning lanes are executed, A representa- tive of Skelly Oil Company said �hat they now have the deeds available. MOTION by Councilman Harris to approve the Lot Split L.S. #70-OS and the plans as suY�mitted with the stipulations by the Building Standards - Design Control Subcommittee. Seconded by Councilman Breider. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried. MOTION by Councilman Harris to adopt Ordinance #460 on second reading, waive the reading and order publication withheld until receipt of deeds. Seconded by Councilman Liebl. Upon a roll ca11 vote, Kirkham, Liebl, Harris, & Breider voting aye, Mayor Kirkham declared the motion carried. The City Engineer said that they have gone before the Planning Commission for the vacation of Brooks Street and he is working with them to get a registered land survey or a plat of the property. APPROVAL OF PLANS FOR MOVING AND CONSTRUCTION OF MICHAEL SERVETUS UNITARIAN SOCIETY BUILDING FROM 6541 EAST RIVER ROAD TO 6601 OAKLEY DRIVE: The City Engineer said that the City Manager has received a letter fxom � Mr. Glenn Thompson, Board of Trustees, Michael Servetus Unitarian 5ociety stating that they wi1Z have their landscaping completed by June 30, 1971. He said that his department is in recexpt of all the necessary plans. The building will be built by a contractor but the landscaping will be done by the church. MOTION by Councilman Liebl to receive the letter from the Board of Trustees, Michael Servetus Unitarian Society, signed by Glenn W. Thompson, dated July 20, 197D. The motion was seconded and upon a voice vote, all voting aye, Mayor Kirkham declared the motion carra.ed. MOTION by Councilman Liebl to approve the moving and construction plans and grant the permits sub7ect to an agreement that the landscaping will be completed by June 30, 1971. Seconded by Councilman Breider. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried. APPd3NTMENT TO PLATS AND SUBDIVISTONS - STREETS AND UTILITSES SUBCOMMITTEE: MOTION by Councilman Breider to taUle this item to the Meeting of August 3, 1970 Seconded by Councilman Liebl. Upon a voice vote, there being no nays, Mayor xirkham declared the motion carried. DISCUSSION REGARDING GARBAGE PICKUP (At the request of Carl Paulson) Mr. Carl Paulson said that he felt that there were three areas of con- ' sideration. One was the cost factox. The second was the fact that since burning has been eluninated, there would be more pickup. The third factor is the noise pollution caused by mechanical equipment. They have to com- press the loads into the trucks and this makes a great deal of noise. He < i"7 �� � 4 1� REGULAR COUNCIL MEETING OF SULY 20, 1970 PAGE 5 � said that he would rather have an airplane going over. With the system the City has now, it means that there can be several compaisies in the same areas which results in garbage trucks every day of the week in the neigh- borhood. Many companies drive right into the driveway. More trucks are a greater hazard to the children. He suggested finding a way to get less trucks into the neighborhood areas such as a franchise system. Then one company would take care of a particular area and �the trucks would only be in the area one day. One or two companies could be given smaller territories. I-Ie felt that there was a need for upgrading of equipment to elima.nate the noise. It seems that Blaine has gone into muricipal garbage pickup. There is also this alternative. He felt that there should be areas set up and one company serve a particular area. They spend a lot of time driving from one axea to another. Mayor Kirkham said that this has been studied for a number of years wrth the alternates of municipal system, franchise system of letting bids, or leaving as it is, discussed. It was felt that as long as this system is working well, leave it alone, although no definite decision has been made. Mr. Paulson asked if this was such a complex problem that it required a consultant. Mayor Kirkham said no, they did not need a consultant, and they are not conva.nced that there is a change needed. Mr. Paulson felt that it could be improved. Councilman Harris said that the Council believes in a free enterprise system, and they have been opposed to a City operation. There are some merits in a franchise system in that in � some areas there are three different companies with pickup which means that for three different days there are grass clippings in bags and leaves etc. srtting on the front curb awaiting pickup. This is a point in favor of the franchise system. Mr. Paulson said that the number of trucks and the amount of noise should be considered. He said that the company he has does not allow backLng into the driveways, the man walks to the back of his house_ Mayor Kirkham said that about two years ago there was some discussion on making a change and the City called in the garbaqe collection companies and at that time there seemed to be a reluctance to make a change. Mr. Ben Shutrop, All State Disposal Service Inc. said that a franchise system would be fine, except that the residents would never get as good service. If a resident had a garbage collector t,hat he had complaints on, he would 7ust be stuck with the company. With a iree enterprise system, he would be free to change companies. Councilman Liebl said that All State has been doing a fzne �ob and he has heard nothing but compliments. He said that All State has said that they would be able to take the additional garbage there would be as a result of no burriing, and they have been doing it. He said that they picked up his burning barrel at no extra charge. He quoted All State as saying - give them more time and they will buy adda.tional equipment to become more effecient. Ae said that he also was in favor of free enterprise. He did not feel that the City � should go into municipal pickup as he did not want to put anyone out of business, He felt that zt would be a big problem to the City. There is a community in municipal operation, but they could not give us an in- dication whether it is profitable or not as they have not been in operation very long. He sa.�d that he would like to keep it on a competitive basis. -a r l Ca � � �+ REGULAR COUNCIL NIEETING OF JULY 20, 1970 PAGE 6 Mr. Shutrop said that the comment was made that there was a lot of noise � from the equipment. He said that zt takes 9 seconds to compress the load, and this is as modern equipment as he can get. He said that he just re-routed aY�out a month aqo and in the change-over there was some con- fusion and if anyone got missed, they went back when they received a call and made the pickup. Mr. Paulson sa.td that this is a case of big goverrunent taking over. The State passed the regulation regarding no butning. This is just another instance of the local governments losing control. He said that he would like to see local government back. The Council refused to consider this, so the State made the regulation. Mayor Kirkham said that the Council did not refuse to cansider this. The Council has considered this for some time. The fact that you do not agree does not mean that it has not been considered. DISCUSSION OF SPEED LIMIT ON OSBORNE ROAD BETWEEN CENTRAL AVENUE AND UNIVERSITY AVENi]E AT THE REQUEST OF LEE VICK� SPRING LZ�KE Pb1RK COUNCILMAN: Mr. Lee Vick, Spring Lake Park Councilman, said that on behalf of the Spring Lake Park Council, he would like to enlist the aid of the Fridley City Council in getting the speed reduced fxom 40 MPH to 30 MPH on Osborne Road between Central Avenue and Unzversity Avenue, and to have a stop sign put up at Able Street or Monroe, In September, 1969 the speed limit was raised from 3D MPH to 40 MPH and on that day a boy was � struck and in�uxed. Shortly thereafter another boy was killed. He then read a resolution he had prepared aloufl. He said that they, in Spring Lake Park, were not consulted on the speed change. He said that he lives on Osborne Road and there are many children going to the school, and also during the summer to the ss�all shopp.tng center located on Osborne Road. He said that he understood that the school patrol has difficulty in getting the traffic stopped for the children to cross. A member of the audience said that he dxives on Osborne Road £requently and is aware of the problem. He said that he could not see the reason for a stop sign, why stop the traffic, as it is a thoroughfare. He suggested a temporary stop siqn during sahool. Mayor Kirkham told him that they were not legal any more. Councilman Harris said that he has always contended that there were sidewalks needed on Osborne Road. He said that he hoped that Spring Lake Park would put them in on their side. During the school year there are a gxeat number of children walking in the street. A sidewalk would contain the pedestrian traffic. He said that he would agree with the 30 MPH speed limit but not the stop sign. He felt that the emphasis should be on pedestrian control. Mr. Lee Vick said that he would agree. Spring Lake Park has been looking into sidewalks on their side of the street There is a St. Paul Water- works easement that would present some problems. Councilman Harris said ' that the City of Fridley has crossed the St. Paul Waterworks easement successfully. He said that he would not want to tell Spring Lake Park what to do, but he felt that this should be considered. Mayor Kirkham said that he would like to see the resolution implemented, but he did not agree with the clause about the stop sign. Councilman Breider said that he lives in Melody Manor and he did not agree with the stop sign, but there should be some type of crossing. He said that otherwise, he agreed with the resolution. There should be included a clause stating Fradley's desire ���, �� REGULAR COUNCIL MEETING OF JULY 20, 1970 PAGE 7 � to put zn a crossing. The City Enqineer suggested in the resolution making a request to the County and the Minnesota Highway Depariment to take ade- quate measures for cross traffic. Let them study the situation rather than the City telling �hem what to do. Mr. Vick said that they have already sent their resolution in to the 5tate and the County. Councilman Harris sug- qested that this be back on the Agenda a£ter having the City Engineer and the City Attorney look over the wording of the resolution. He said that Mr. Vick could go back to Spring Lake Park and report that the Citp Council of Fridley is unanimously in favor of a reduced speed limit on Osborne Road. MOTION by Councilman Harris to request the City Attorney to study the resolution, re-write it, and have it brought back at the next Regular Council Meeting. The motion was seconded and upon a voice vo�e, all voting aye, Mayor Kirkham declared the motion carried. RECEIVING THE MINUTES OF THE BUILDING STANDARDS - DESIGN CONTAOL SUBCOMMSTTEE MEETING OF SULY 9, 1970: fNOTE) This item discussed with the Ordinance #460. MOTION by Councilman Liebl to receive the Minutes of the Bua.lding Standards Design Control Subcommittee Meeting of July 9, 1970. Seconded by Councilman Brea.der. Upon a voice vote, all voting aye, Mayor Kirkham � declared the motion carried. RECEIVING THE MINUTES OF THE PLANNING COMMISSSON' MEETING OF JULY 8, 1970: 1. REQUEST FOR SPECIAL T7SE PERMIT, SP #70-03, EDWARD CHIES: To con- struct housing for the elderly and senior citizens on Lots 6 through 12, Lots 15 through 20, MeadoWmoor Terrace. The City Engineer said that this request is for a special use permit to allow housing for the elderly. The Planning Commission recommended denial. He added that the applicants are present. Mr. Art Winters, representing Mr. Edward Chies, said that this housing request comes under 236 of the HOD program. The biggest concern by the Planning Commission was the method of control. Ae said that they are asking for ten four plexes for senior ciiizens of 62 years and older. This would qualify under a certain type of mortgage. The Planning Com- mission felt that there would not be sufficient control after erection. If the terms of the mortgage are not lived up to it can be called back in. This is a subsidy program and he then read a portion from the booklet on what they were trying to accomplish. He said that the mortgage people have advised them that this has become a popular program. It can be en- forced through a special use permit on the terms on which the permit is granted. There was a petition taken af the home owners and approximately 75o did not ob7ect. He said that there were two people that ob�ected, their , main concern was that this would open the doors to 1et riff rafP in. Thzs is not the intent o£ the petrtioner, the intent is to build one bedroom units on a slab of concrete, nicely carpeted. If the Council would not want the traffic coming out on Meadowmoor Terrace. it could be possible to have it come out on Osborne Road. He pointed out that not everyone would have a car in this price range. He asked that the position �'� � REGULAR COUNCIL MEETING OF JULY 20, 1970 PAGE 8 of the Planning Commission be reconsidered by the Council. There is no , senior citizen housing in Anoka County. He said that Mr. Chies is in the nursing home business and he does have compassion for this type of people. A member of the audience said that the statement was made that the rental would be to persons 62 or older or those of low income. He wondered when the first mortgage was paid off, then their obligation is done and then what would happen to the control. Mr. Winters said that the mor'�gage is written on a 40 year basis and a paid off mortgage is a very rare thing. Councilman Breider asked if there were any plans. The City Engineer said that the plans were very sketchy He adcied that it is true that this type of development would put in a higher density. This is an R-3 type of development in an R-1 zoning. Mayor Kirkham said that he was in agreement with the Planning Commission. Councilman Liebl said that the past four years with the help of the Planning Commission, the Council has worked hard and dxligently to try to come up to the planning and zoning code. He felt that the code should be stuck to in the interest of a better corr¢nunity. This would be putting a density of R-3, with no base- ments, into an R-1 zoning. MOTION by Councilman Liebl to concur With the decision of the Planning Commission and deny the request for a special use permit for housing of elderly citizens. Seconded by Councilman Harris. Mr. Edward Chies said that it is true that there are no basements, homes ' of a low income type do not have basements, however, they would be carpeted. The rent would be subsidized. In talking about 40 units, perhaps 20 of them would be widows paying $40 -$45 a month rent. These would not be people that would need to be close to a hospital. He said that they were willing to build these units and rent them and would follow any terms the Council saw fit to lay out. Mr. Winters added that Anoka County needs homes for their senior citizens. Whatever stipulations are put upon them, they would follow. Councilman Harris said that he had seconded the motion because he felt that this type of program shouid be in a multiple zoned area. This density would be larger than permitted under R-3 zoning. Mr. Winters saifl that two more units could be added under R-3 zoning. They could then have 42 rather than 40 units. THE VOTE UPON THE MOTION, being a voice vote, all voting aye, Mayo.r Kirkham declared the motion carried. 2. PROPOSED PREZIMINARY PLAT� P.S. �i70-Ol�UNIVERSITY GOLF ESTATES, BY ROGER M. JONES� Part of the SW� of the NW'� of Sectiion 2 for golf driving range. MOTION by Councilman Harris to set the Public E3earing for the final plat, University Golf Estates requested by Roger M. Jones £or August 10, 1970. ' Seconded by Councilman Liebl. IIpon a voice vote, all voting aye, Mayor Kirkham declared the motion carried. L (M Y � REGULAR COUNCIL MEETING OF JULY 20, 1970 PAGE 9 � 3. SPECIAL USE PERMIT� 5P #70-06, NAEGELE QUTDQOR A➢VERTISING CO_: For billboard sign on Outlot 2, Block 2, Fridley Industrial Park Plat #1 in M-2, heavy industrial area, as per Section 56.04, 2, Fridley City Code. The Crty Engineer said that this request for a special use pexmit is to permit a billboard along the Pennsylvania Oi1 building north of the NSP substation. The request was denied by the Planning Commission. Councilman Harris said that he had talked to Mr. Harry Hokemeir about this and it seems that what has happened is that the City requested them to move their sign back of the City right of way after the City acquired the land, then after asking them to move �heir siqn, denied their request. Councilman Liebl said that as we had asked them to move the sign, the City should keep their part of the bargain, and authorize the speca.al use permrt to allow the sign. He added that the City has always had an excellent relationship with Naegele Outdoor Advertising Co. and pointed out that the Chaixman of the Planning Commission voted against the denial. He said that at the municipal convention there were many comments by other mayors and councilmen on the quality o£ the signs in the Ca.ty of Fridley. MOTION by Councilman Harris to grant the request for a special use perma.t to Naegele Outdoor Advertising Company, with the understanding that when the , area develops, the billboards must come down. Seconded by Councilman Liebl. Mr. Richard Harris said that he would like to speak as a private citizen, rather than as a member of any board of commission. He asked if the City had acquired this land for a frontage road. Councilman I-Iar'ris said that it was dedicated, but construction was delayed. Mr. Ra.chard Harris said that it was a long time before the City asked Naegele to move the sign off City property. In 1969 they were asked to move it, but they had a con- tract with Pennsylvania Oil for the rental of the land since 1963 and have paid rent to them for the use of the land. Yet the City owned the 1and. He felt that this money, at least morally, belonged to the City of Fridley. Counoilman Harris said that Mr. Hokemeir mentioned this to him. He said that Naegele Outdoor Ac3vertising Co. should not be penalized, they paid their money in goocl faith. He said that he was sure that 1and transfers take place all the time and it is not their responsibility to keep up to date on them. The responsibility for the correction of the situation should have been with Pennsylvania Oil. He suggested that a communicata.on to that effect be directed to Pennsylvania Oil Company by the City Attorney. THE VOTE UPON THE MOTION, being a voice vote, all voting aye, Mayor Kirkham declared the motion carried. 4. SPECIAL USE PERMTT� SP #70-07� NAEGELE OUTDDOR.ADVERTiSING COMPANY: � For a billboard sign on Parcel #4780, 5ection 12, in C-25, general shopping areas, as per Section 56.04, 2, Fridley City Code_ MOTION by Councilman Liebl to grant the special use permit to Naegele Outdoor Advertising Company for a billboard on Parcel #4780, Section 12, with the understanding that when the area develops, the bxllboards must come down. Seconded by Councilman Breider. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried. �(� REGULAR COUNCIL MEETING OF JIILY 20, 1970 PAGE 10 5. LOT SPLIT REQUEST: L.S. #70-10, ROBERT T. JOHNSTON. �o sp11t off 10 feet from Lots 6 through 10, Block 9, Spring Brook Park and add to Lot 5, for driveway to garage. The City Engineer reported that the Planning Commission recommended approval of this lot split. The 10 feet is used for access to the garage. Mr. Johnston added that he has used this land, this lot split would just make it legal, as he has a new neighbor, and he felt that the split should be recorded. MOTION by Councilman Breider to concur with the Planning Commission and gxant the lot split requested by Mr. Robert T. Johnston. Seconded by Councilman Liebl. Upon a voice vote, all voting aye, Mayor Kirkham de- clared the motion carried. 6, LOT SPZIT REQUEST: L.S. #70-11, CHARLES E. FOSTER: Lot 1, Block 1, Oak Creek Addition Plat #2, to split off 85 feet for a building site. The City Engineer said that this request was to split a laxge lot into two lots. It is located on Glen Creek Road and East River Roa$, Both lots will meet the minimum requirements. Mr. Foster then came forward to the Council table and showed the Council a survey. Councilman Harris asked him if he would be willing to agree to putting his driveway off Glen Creek Road, when East Rzver Road is improved wrth a median. Mr. Foster said that this is where it should be anyway. MOTION by Councilman Harris to appro�e the lot split requested by Charles E. Foster with an agreement to be signed by Mr. Foster that upon develop- ment of East River Road, upon request by the County, he wi11 put in the driveway to enter on Glen Creek Road. Seconded by Councilman Liebl. Upon a voice vote, all voting aye, Mayo� Kirkham declared the motion carried. 7. PROPOSED PRELIMINARY PLAT, P.S. #70-02, GEORGE N. NELSON: Lots 30 and 31, Auditor's Subdivisaon #129. This ztem continued by the Planning Commission. 8. SPECIAL USE PERMIT: SP #70-08, GEORGE N. NELSON: For an automobile parking lot to be located on the N� of Lots 30 and 31, exaept the north 125 feet, of Auditor's Subdivision #129. This item continued by the Planning Commission. Councilman Breider said that previously this same request was before the Council under a request for a change in zoning to R-3. Now they are requesting a special use permit for parking in R-1 in con�unctzon with R-3 usage, Councilman Aarris said that in certain cxrcumstances the Council would permat a certain development, but they would not want any encroach- ment. This would protect against R-3 moving up with the acquisition of more land. Councilman Breider said that he thought that the purpose of R-3 zoning was to permit so many units on so much land. In this case the developer is filling up all the R-3 land available with units, then using R-1 land for the parking. He pointed out that to rezone xequ�res four votes of the Council, but a special use permit only requires three. He felt that the City owed it to the community to control the code more closely. He said � � � � � � REGULAR COUNCIL MEETING OF JULY 20, 1970 that the R-3 zoning should be investigated to hold It seems that this area is not big enough for R-3, the R-3 portion with apartments and using the R-1 PAGE 11 the R-3 �ust to R-3_ so they are filling for the parking. 9. REZONING REQUEST. ZOA #70-05, BY VIEWCON, INC. For that portion o£ the E� of the SEa of Section 2�, to be rezoned from R-1 to R-3 (general multiple family dwellings) or R-3A (apartments only). This item continued by the Planning Commission. 10. PRELIMINARY PLAT: P.S. #70-03, BLACK FOREST ADDITION BY That porta.on of the Ez of the S'� of Section 24. This item continued by the Planning Commission. 11. STREET SIGNS INC. The City Engineer said that there was a recommendation made in regard to street signs, however, he would like to collect further data before going to any changes. He said that Minneapolis and 5t. Paul are working on color coding whereby the north and south streets would be one color and the east and west streets would be another color. There should be some standard throughout the entixe metropolitan area. MOTION by Councilman Harris to receive the Minutes of the Planning Com- mission Meeting o£ July B, 1970. Seconded by Councilman Liebl. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried. THE MINUTES OF THE SOARD OF APPEALS MEETING OF JULY 14. 1970: 1. A REQUEST FOR VARIANCES OF SECTION 45.053, 4B, TO REDUCE THE SIDE YARD REQUIREMENT FOR LIVING AREA FROM 10 FEET TO 3 FEET AND SECTION 45.053 4B� SUBPARAGRAPH 3, TO REDUCE THE SIDE YARD REQUIREMENT FOR AN ATTACHED GARAGE FROM 5 FEET TO 3 FEET TO PERMIT THE CONSTRUCTION OF AN ATTACHED TLTCK 17NDER GARAGE WITH LSVING 11REA ABOVE, ONTO AN EXISTING DWELLING LOCATED ON LOT 10, BLOCK 2, TEMPLE TERRACE 2ND ADDITION, THE SAME BEISSG 564 53'� AVENUE N.E., FRSDLEY, MINNESOTA. (REQUEST BY JAMES G. BAKER, 564 53�s AVENUE N.E.� FRIDLEY, MINN.): The Ca.ty Engineer reported that the Board of Appeals approved the variance for the garage, but not for the living quarters over the garage, as the living space would be too close to the adjacent property. Mayor Kirkham asked what would be the space between and Mr. Baker said 6'. Mayor Kirkham said that living space over the garage being that close is contrary to the fire protection laws. Mr. Baker said that he has agreed to their recom- mendations. MOTZON by Councilman Harris to gxant the variance £or the garage to Mr. James Baker, and deny the request for living space over the garage. Seconded by Councilman Liebl. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried. �d� � �� '"i � REGULAR COUNCSL MEETING OF JIILY 20, 1970 PAGE 12 2. A REQIIEST FOR A VARIANCE OF SECTION 45.053� 4B, FRIDLEY CITY CODE, TO REDUCE THE SIDE YARD SETBACK FOR A LIVING AREA FROM 10 FEET TO 5 FEET TO PERMIT AN ADDITION ONTO THE TOP OE AN ATTACHED GARAGE LOCATED ON LOT 26, BLOCK l, INNSBRUCK 5TH ADDITION. THE SAME BEING 1517 BERNE ROAD NE, FRIDLEY, MINNESOTA. (REQUEST BY RODN�Y BILLMAN INC. 151 SILVER LAKE ROAD� NEW BRIGHTON� MINNESOTA): The City Engineer reported that the Board of Appeals approved the request, one of the reasons being, it is an odd shaped lot. MOTION by Councilman Liebl to grant the variance to Rodney Billman Inc, as requested. Seconded by Councilman Aarris for discussion. Councilman Harris asked what was the separation between the homes. A representative of Rodney Billman Inc. said about 75' to 80' between the two buildings. THE VOTE UPON THE MOTION, being a voice vote, all voting aye, Mayor Kirkham declared the motion carried. 3. A REQUEST FOR VARZANCES OF SECTION 45.053, 4A� FRIDLEY CITY CODE, TO REDUC� THE FRONT YARD SETBACK REQUIREMENT FROM 35 FEET TO 30 FEET AND SECTION �5 053, 4B, SUSPARAGRAPA 4A, TO REDUCE THE SIDEYARD REQUIREMENT ON A CORNER LOT FROM 17.5 FEET TO 13.5 FEET TO PERMIT THE CONSTRUCTION OF AN ADDITION ONTO EXISTING HOUSE LOCATED ON LOT 11, BLOCK I, CHRISTIE ADDITION� THE SAME BEING 785 BEIQNETT DRIVE N.E FRIDLEY, MINNESOTA (REQUEST BY MR, CLEM Z. COVERSTON, 785 BENNETT DRIVE N,E., FRIDLEY, MINNESOTA): MOTION by Councilman Liebl to concur with the variances as requested by Mr. Clem Z. Coverston. Seconded by Councilman Breider. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried. MOTION by Councilman Breider to receive the Minutes of the Board of Appeals Meeting of Suly 14, 1970. Seconded by Councilman Liebl. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried. RECESS: Mayor Kirkham declared a recess from 10:04 P.M. and convened at 10:20 P.M, RECCIVING BIDS AND AWARDING CONTRACT FOR STREET IMPROVEMENT PROJECT ST. 1970-4: (Bids Opened July 20, 1970, 11cOD A.M.) Bidder Black Top Service Co. Box 2654 New Brighton Dunkley Surfacing Co 3756 Grand St. N.E. Minneapolis, Minn. Bid Deposit Maryland Cas Co. 5% B.B. Capitol Ind Corp. So B.B. Base Bid $112,661.49 $ 98,722.00 Completion Date As speci£ied November 15, 197D � � � � L_J � REGULAR COUNCIL MEETING OF JULY 20� 1970 Bidder Hardrives, Inc. 10135 Central Ave. NE Minneapolis, Minn. 55435 C.S. McCrossan, Inc. Box 322, Raute #2 Osseo, Minn. Sid Deposit St. Paul Fixe & Marine 5% B.B. U.S. Eidelity & Guaranty Co. 5� B B. Minn-Kota Excavating, Inc.United Pacific 34D1 85th Avenue No. Ins. Co. Minneapolis, Minn. 5� B.B. Base Bid $108,100.14 $109,977.93 $100,944.86 PAGL 13 Completion Date As specified As specified As specified The City Engineer reported that the apparent low bidder is Dunkley Surfacing Co. the next is Minn-KOta Excavating Inc. He said that he had talked to Jim London of Dunkley Surfacing and he has assured him that there will be improved supervision. Thls seemed to be the maa.n problem on their other woxk. These bids are within the preliminary estimates given. He said that he used the 1970 figures and raised them by 10%. The bids received are within a tight range. He said that if the Council chooses to award to Dunkleys, he would recommend a completion date of October 15, 1970. Mayor Kirkham asked when the specifications are wrrtten, is there any con- trol over the aggregate. There seems to be a lot of limestone in some portions of their work. The City Engineer said that they use the State specifications. Thexe are certain minimum and maximum stasidards set. He said that on occasion there is a bad section. Mayor Kirkham asked what a.s the City's recourse. The City Engineer said that tha.s is a discretion question, and if it need not be replaced it can be accepted at a reduced price. Mayor Kirkham asked if it was too late to do anything about 67th Avenue. The City Engineer said that he would check rt out. MOTION by Councilman Harris to award the contract for Street Improvement Project St. 1970-4 to Dunkley Sur£acing Company in the amount of $98,722 with the completion date October 15, 1970. Seconded by Councilman Bxeider. IIpon a voice vote, all votinq aye, Mayor Kirkha[n declared the motion carried. REPORT BY CITY ATTORNEY ON LAND IN CENTRAL AVENUE ADDITION THAT NEEDS CLEANING UP: The City Attorney said that he has met with Mr A1 Newquist, City Prosecutor, and a complaint has been issued. He said that there could be legal problems as it has been 7 years with no enforcement of the stipu- lations placed on bu.�lding pesmits, such as fencing, plantings, etc. He said that he could report further in 2 or 3 weeks after the court appearance. DISCUS5ION OF NEED OF SIDEWALKS ON OSBORNE ROAD BETWEEN UNIVERSITY AVENUE AND WOODCREST SCAOOL: Councilman Breider said that as was mentioned, �.here was a boy killed on Osborne Road. He said that he has been getting calls from mothers of a� �f � �� � � 4� REGULAR COUNCIL MEETING OF JULY' 20, 1970 PAGE 14 children going to Woodcxest School concerned over the safety of their , children. There is considerable pedestrian traffic to the school and the small shopping center. He said that he had talked to some of the people on Jackson and they think that sidewalks would be fine, if they do not cost them anything. He added that there is one property owner on Van Buren Street that would probably lose a large tree. The City Engineer said that this is a County road, and under the sidewalk proyram, they are scheduled for 1974. When Osborne Road was improved, it was not completed, but was done in a stage type of construction. Eventu- ally, there will be curbing, and improved to full standards. It was hoped that when this is done, the sidewalks could then go in also and get all the construction done at once. Between University and 5th 5treet there are a great number oE trees that would be affectecl, but from there on east, it is clear. There may be some problems with easements east of the apart- ments by the clinic. He said that he felt strongly that there would be easements needed as Osborne Road will eventually be widened to four lanes. If the Council feels that the sidewalks should }ae accelerated the City does have a contract with Minn-Kota for the sidewalks on West Moore Lake Drive that the Council deleted, and it could perhaps be added to that contract. The section from the west side of the hospital to the school could be improved right away. The pro�ect from T.H. #47 to T.H. #65 could be broken up into a couple of stages. Councilman Harris said that he would like to get it all done, but the , section from the hospital east, would at least be a start and would take care of a share of the complaints. The hospital, clinic, and the apart- ment house would then be assessed. The City Engineer pointed out that on state aid roads, the sidewalks are not assessed because state aid funds can be used. On County roads they are assessed as they do not have an assess- ment for a street, except for concrete curbing. They would still get assessed less than i of the cost to a normal interior street. He said that they would need to take 5' for a sidewalk easement for adequate snow storage between the sidewalk and the street. There are some trees that would have to be relocated and replaced. Council�nan Harris felt that the same assessment policy as for Mississippi Street should be followed. MOTION bp Councilman Harris to instruct the Admzna.stration to set up the mechanism for implementation o£ a siciewalk program to start from the west property line of the Unity Hospa.tal east to Woodcrest School, with a normal assessment basis. Seconded by Councilman Breider. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried. The City Engineer suggested that the Council pass two resolutions to start the process for the sidewalks, but leave the date for the Public Hearing open. If the sidewalks are added to a present contract, then the bidding process will not have to be gone through. RESOLUTZON #136-1970 - RE56LUTION ORDERING PRELIMiNAAY PLFSNS� SPECIFICATIONS AND ESTIMAT$S OF THE COSTS THEREOF• STREET IMPROVE- , N1ENT PROSECT ST. 1970-1 ALIDENDUM #3: MOTION by Councilman Harris to adopt Resolution #136-1970. Seconded by Councilman Breider. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carned. n �i i REGULAR COUNCIL MEETING OF JULY 20� 1970 PAGE 15 � RESOLUTION #137-1970 - RESOLUTION RECEIVING THE PRELIMINARY REPORT AND CALLING A PUBLIC HEARING ON THE MATTER OF THE CONSTRUCTION OF CERTAIN IMYROVEMENTS: 5TREET IMPROVEMENT PROSECS ST. 1970-1, ADDENDUM #3 MOTIOI� by Councilman Rarris to adopt Resolution #137-1970. Seconded by Councilman Breider. Upon a voice vote, a11 votinq aye, Mayc�r Kirkham declared the motion carried. RECEIVING CITY MEMORIaIQDUM FROM CITY D7ANAGER ON PARK LAND AND GRA.NTS: The Ci�.y Manager said that he and the Director of Parks and Recreation visited the Depaxtment of Conservation, and they indicated to them that the application should be in by September. They also wanted to know what the City intended to do about the payment in the interim before the Federal Grant is made, after it is approved. He suggested switcbing the grant on the smaller parcels to the large paxcel to cover this deficit. He said that he did not know if the condemnation would be appealed and before this can be considered firm, the time for appeal will have to lapse. He felt that the City should get a letter of intent in to the Federal govenrment to keep them up to date. He suggested a short term loan to run three years to cover the deficit caused by the underestimation of the cost of the land. He added that this memorandum also went to the Parks and Recreation Commission. He said that many many communi'ties are having this same � difficulty in �udqing their costs too low and underestunating the rising cost of the land. He said that he has received compliments on this site. He suggested that the Council could meet with the Parks and Recreation Commission. The Federal funds are only available after execution of the deed. They have said that they would do their best to expedrte our request He asked how long the City has to pay of this $275,000 and commented that if rt oould wait until after the first of the year, the City would be in a better position. The City Attorney said that he did not think that there would be any problem in delay of payment until the first of the year. Councilman Harris said that the City should go on record as willing to proceed, as he felt that the price of the land was not too excessive. The City Manager said that he had a draft letter fairly complete and he had yet to see if the Parks and Recreation Commission were in agreement with the letter. He said that the State grant is availaY�le right away. The City Attorney commented that this will only leave the Federal portion and the City's share to borrow. Councilman Harris felt that the Crty should make their intentions known right away. If it were to have to wait another year, the cost of the land would be even higher. MOTION by Councilman Harris to direct the Admina.stration to communicate with the State and Federal government as necessary, our intentions to proceed with the pro7ect as originally planned. � Mayor Kirkham felt that the Parks and Recreation Commission should have a voice in this. He thought that perhaps they should also sign this letter. The City Attorney said that an appeal would have to be filed before the end of July, Mayor Kirkham suggested asking the City Manager to carite the letter also for the signatures of the Parks and Recreation Commission and before the next meeting it could be sent out. The City Manager said that ��� REGULAR COUNCIL MEETING OF JULY 20, 1970 PAGE 16 he will have to indicate that the smaller parcels will be funded out of � City funds and the grant placed on the large North Park parcel. The City Attorney commented that because the original estimate was so low, the land owners seem to be satisfied with the award. Councilman Breider said that he would lxke to meet with the Parks and Recreation Commission. He wondered what they plan to do with this land, after the acquisition. He said that every time he has talked to the Park Director, he seems to have barely enough money for maintenance, not to mention new development. The developmental costs must be phenomenal on this large piece of land. Mayor Kirkham said that it was felt that if the Council waited another four or five years, thexe may be more sewer and water in the area and this would push the cost up. Now is the chance to get open space before there is any development. In other areas of the City this was not done and after development, it is virtually impossible to get park land. It is now or never at the raw land value. Councilman Breider asked what would happen when the impravements go in. The City will still have to pay for them. Councilman Harris said that it would not mean the normal sewer and water zn the grid pattern as with streets. Mayor Kirkham added that the current trend as to leave in the natural state. Councilman Breider pointed out that the Third Ward has nothing in the way of big parks. Councilman Harns said that this is the mistake they are trying not to duplicate for the northern section of the City. Councilman Breider said that he would like to discuss this with the Parks and Recreation Commission to get their feelings. Councilman Liebl agreed � that it was necessary to have the Parks and Recreation Commission working with the Council on this pro�ect. MOTION by Councilman Harris tc withdraw his psevious motion and MOVE to authorize the City Manager to draw up the letter and contact the Parks and Recreation Commission Por their comments on the letter. Seconded by Councilman Liebl. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried. CONSIDERATION OF "NO PARKING - 6:00 P.M. TO 8;00 P.M." AREA OF COMMONS PARK: MOTION by Councilman Liebl to concur with the recommendation of the City Administration and authorzze "NO Parking - 6:00 P.M. to 8:00 P.M." signs on the west side of 7th Street from 61st Avenue to 63rd Avenue. Mayor Kirkham asked if there was more parking space needed. The City Manager said that most of the cars are �ammed in at the south end of the park. He said that moving some apparatus to the rear to make more parkang space has been considered. Councilman Liebl said that a man coming home at 5.00 P.M. should be able to use his driveway. He suggested that the people going to the park use the school parking lot, THE MOTION was seconded by Councilman Harris and upon a voice vote, all votinq aye, Mayor Kirkham declared the motion carried. , DISCUSSION REGARDING TRAFFIC SIGNAL AT 37TH AVENUE A.ND EAST RIVER ROAD: The City Engineer said that he has been working with Minneapolis for a signal at 37th Avenue and East River Road. FMC contributes to the traffic con�estion consicierably. The signal would provide an additional bxeak in -g (1 �l A U cs REGULAR COUNCIL MEETING OF JULY 20, 1970 PAGE 17 � the traffic to allow cross traffic to get onto East River Road. This information has been given to the County, who would pay -, of the cost. Mayor Kirkham asked how much of the intersection was in Fridley. The City Engineer sald that it was in Minneapolis. Councilman Harris said that he thought it would be illegal for the City of Fridley to particlpate in the cost if none of the a.ntersection was in Fridley. The City Engineer said that Fridley has a leg coming into the intersection. The County is going to enter into an agreement with Minneapolis and the City of Fridley would enter into an agreement with the County. Councilman Harris said that FMC contributes to the problem. He asked i£ there was any possibility of using a patrolman at this intersection. The City EngineUr said that there would be some additional turning lanes provided. The signal would provide a bxeak in the traffic to allow the FMC people to get into the stream of traffic. A signal cannot be provided for FMC for only one hour of traffic. Councilman Harris said that FMC should take care of their own problem. Mr. Richard Harris said that some sort of control is vitally needed at this intersection, and some signalization should be worked out. He said that he thought that Minneapolis is going to be doing something with 42nd Avenue which would affect this intersection. He asked if the patr�lman used by FMC are on duty or off duty. Councilman Liebl said that he believed that they were off duty hired by FMC. � MOTION by Councilman Harra.s to receive the communication from the City of Minneapolis dated June 16, 1970, and instruct the City Engineer to continue working toward a solution. Secondecl by Councilman Liebl. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried. DISCUSSION REGARDING SPRING LAKE PARK SCHOOL DISTRICT PLANS FOR BUILDING ELEMENTARY SCHOOL SOUTH OF OSBORNE ROAD AND EAST OF ARTHUR STREET: The City Engineer said that he had talked to the Spring Lake Park Superintendent of Schools and advised them to work with the City before they get too far in their plans. They will require some sidewalks from T.H. #65 to Stinson Boulevard especially with the beach to go in north o£ Osborne Road. There will be some difficulty as there is a St. Paul Waterworks easement running on the north side of Osborne Road where the school is proposed. He said that he had advised them that when their acquisition is completed, there are some public streets that should be vacated. He said that they would be cutting off access to the back ', o£ some lots and this will have to be worked out. He advised the Council to start thinking in terms of pedestrian control for this section of the City. Councilman Harris asked if they would be coming before the Council for a building permit. The City Sngineer said no, they are an independent body. They have saa.d that they would work with the City to solve our mutual problems. � MOTION by Councilman Harris to receive the information supplied by the � City Engineer. Seconded by Councilman Lieb1. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried. CONSIDERATION OF REQUEST FOR DELETION OF STREET PROJECT ON 7TH STREET (ST. 1969-1) The City Engineer reported that in the 1969 program, 68th Avenue and 7th St. were proposed to be improved. They were not put in because the Counca.l 1 � �¢} REGULAR COUNCIL MEETING OF JULY 20, 1970 PAGE 18 chose not to order in Storm Sewer Project #80 so the drainage would not be taken care of. 6Sth Avenue and 7th Street axe still on the books as being ordered in. Mr. Lilygren, property owner for 512 66th Avenue paid the pending assessments of $1,591.71 plus $212.34 for the storm sewer and now would like this amount refunded if the pro�ect is not going to be �ut in. MOTION by Councilman Harris to deny the request and keep 68th Avenue and 7th Street on the books. Seconded by Councilman Liebl. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried. OF DELIVERY POINTS CONTRACT WITH NSP: The City Engineer said that this contract �s to covex electrical service to the well houses. MOTION by Councilman Harris to authorize the City Manager and Mayor Kirkham to execute the document. Sewnded by Councilman Breider. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion car n.ed. RESOLUTION #138-1970 - RESOLUTION ORDERING IMPROVEMENT AND FINAL PI,ANS AND SPECIFICATIONS AND ESTIMATES OF COSTS THEREOF: STREET IMPROVEMENT PROJ�CT ST. 1971-1 ADDENDUM #1� ANb ST. 1971-2 (MSAS): PETITION NO. 11-1970 - NOT IN FAVOR OF SMPROVED ALLEY BETWEEN STH SSREET AND 6TH STREET FROM 532D AVENUE TO 54TH AVENUE: MOTION by Councilman Liebl to receive Patition No. 11-1970. Seconded by Councilman Harris. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried. Councilman Liebl suggested that the alley between 5th Street & 6th Street from 53rd Avenue to 54th Avenue and 6th Street from 53rd Avenue to 54th Avenue be deleted from the 1971 pro7ect. He said that he had talked to these people and the assessments would place a financial hardship on them at this time. There are about 6 people that have �ust bouqht homes and the apartment houses have just been bought ancl the man is trying to £ix them up. He said that he would agree with the rest of the improvements. Councilman Harris said that he felt that they should not just be deleted, but postponed until a later year. Especially 6th Street, as he felt that this street was in bad condition. I3e suggested putting 6th Street back in the IO year street improvement program for 1973. Councilman Liebl agreed, and felt that this would give these people some tune to get on their feet. Councilman Liebl said that he was worried that the sand would wash in the va.cinity of 54th Avenue. The City Engineer said that this was the ob- �ective, to get the whole area cleaned up. He pointed out that it will not be any cheaper to do 6th Street in the next few years. Councilman Harzis said that a notation should be made that 6th Street is to go in in 1973. MOTION by Councilman Liebl to delete the alley between 5th Street and 6th Street from 53rd Avenue to 54th Avenue and 6th Street from 53rd Avenue to 54th Avenue from the 1971 program and 6th Street is to be put back in the 10 year street unprovement program for 1973. Seconded by Councilman Harris. Ilpon a voice vote, all voting aye� Mayor Kirkham declared the mo'tion carried. � � � � �� �� REGOLAR COUNCIL MEETING OF JULY 20, 1970 PAG� 19 , Councilman Harris said that he felt some concern over the sidewalks for Gardena and West Moore Lake Drive, There were good reasons presented why the people should not have them Mayor Kirkham said that he thought that the sidewalks should go in on Gardena on the north side. The people would then have to cross the street. They would have to cross the street anyhow to get to the school. All the children are bused to the parochial school Councilman Harris said that the same thing could be done with West Moore Lake Drive, the sidewalks could go in on the north side and the street could be off centered as much as possible. The cha.ldren would still have to cross the street. MOTION by Councilman Harris to include sidewalks on Gardena Avenue on the north side and on West Moore Lake Drive on the north side in Street Improvement Pro7ect St. 1971-2. Councilman Liebl questioned if there was enough right oE way on Gardena and how is the snow plowa.ng going to be done. He said that he was in favor of the stxeet improvement, and the storm sewer, but he was not i:oo sure about the sidewalks. He said that he had no ob7ection to the side- walks on West Moore Lake Drive. The City Engineer said that the terrain on Gardena is very bad, and there would have to be more right of way acquired. There would have to be some retaining walls and steps. He felt that it would be virtually impossible. � MOTTON by Councilman Harris to withdraw his previous motion, and MOVE that there be no sidewalks on Gardena Avenue and that sidewalks be placed on the north side of West Moore Lake Drive under Street Improvement Pro7ect St. .1971-2, and adopt Resolution #138-1970 with the noted deletions. Mayor Kirkham said that the school board was going to be very unhappy. Councilman Harris asked that the City Manager communicate to them the sidewalks were not put in on Gardena, because of the unanimous opposition and the very rough terrain. THE MOTION was seconded and upon a Voice vote, all voting aye, Mayor Kirkham declared the motion carried. MOTION by Councilman Liebl to instruct the Administration to study the feasibili�y of a stop sign at Able Street on West Moore Lake Drive. Seconded by Councilman Harris. Upon a voice vote, all votzng aye, Mayor Kirkham declared the motion carried. MOTION by Councilman Liebl to instruct the City Manager to write to the School Board telling them the Council's ,reasons for not putting in the sidewalks on Gardena Avenue. The motion was seconded and upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried. RESOZUTION �139-1970 - A RESOZUTION AUTHORIZING AND DIRECTING THE SPLITTING OF 5PECIAL ASSESSMENTS ON PARCEL 7950, SECTION 11, AND REPLATTING INTO � REGISTERED LAND SURVEY #6: MOTION by Councilman Harris to adopt Resolution ,�139-197D. Seconded by Counca.lman Liebl. Upon a voice vote, there being no nays, Mayor Ka.rkham declared the motion carried. l� � {� REGULAR COUNCIL M�ETING OF JULY 20, 1970 PAGE 2D R�SOLUTION #140-1970 - A RESOLUTION AOTHORIZING AND DIRECTING THE COMBINING OF SPECIAL ASSESSMENTS ON LOT 13� AN➢ LOTS 14 AND 15, BLOCR 16� HP.MILTON'S ADDITION TO MECHANICSVILLE: MOTION by Councilman Harris to adopt Resolutioh #140-1970. 5econded by Councilman Liebl. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried. RESOLUTION #141-1970 - A RESOLUTION AUTHORIZSNG AND DTRECTING THE WMBINING OF SPECIAL ASSESSNIENTS ON LOTS 16, 17 AND 18, BLOCK 24, HYDE PA1?K ADDITION: MOTION by Councilman Harris to adopt Resolution #141-1970. Seconded by Councilman Liebl. Upon a voice vote, all voting aye, Mayor Kirkham declared the mota.on carried. R.�SOLUTSON #142-1970 - A RESOLUTION AUTHORIZING AND DIRECTING THE COMBINING OF SPECIAL ASSESSMENTS ON LOT 13, BLOCK 2, AND PART OF LOT 14, BLOCK 2� PARCEL 2810, INNSBRUCK 5TH ADDITION� MOTION by Councilman Harris to adopt Resolution #142-1970. Seconded by Councilman Liebl, Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried. RESOLUTION #143-1970 - A RESOLUTION AUTHORIZING AND DIRECTING THE COMBINING OF SPECIAL ASSESSMENTS ON LOTS 11 AND 12, AND LOT 13� BLOCK G� AIVERVSEW HEIGHTS ADDITION: MOTION by Councilman Harris to adopt Resolution �143-1970. Seconded by Councilman Liebl, Opon a voice vote, all voting aye, Mayor Rirkham declared the motion carxied. RESOLUTION #144-1970 - A RESOLUTIDN REVISING DEPARTMENS APPROPRIATIONS WITHIN THE GENERAL FUND: MOTION by Councilman Liebl to adopt Resolution #144-1970. Seconded by Councilman Harris. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried. CLAIMS- MOTION by Councilman La.ebl to approve payment of General Claims #22223 through #22362 and Liquor Claims #4624 through #4675. Seconded by Council- man Harris. Upon a voice vote, a11 voting aye, Mayoz Kirkham decZared the motion carried. LICENSES• Gas Service Approved By Blue Flame Contractors, Inc. 5309 Edina Industrial Boulevard �dina, Minnesota By: Grant E. Johnson Plumbing Insp. � � � � � � RE6ULAR COUNCIL MEETING OF JULY 20, 1970 LICENSES CONTINUED. General Contractor Solmica Midwest, Inc. 244 South Faa.rview St, Paul, Minnesota By: K.R. Harter PAGE 21 Approved By Building Insp. Heating Blue Flame Contractors, Inc. 5309 Edina Industrial Blvd. Edina, Minnesota By; Grant E. .7ohnson Plambing Insp Masonry Carl R. Hanson 3809 Buchanan N.E. Minneapolis, Minnesota Reynolds & Gagnon 3118 Boone North New Hope, Minnesota General Contractor Rockford Construction Company 5505 56th Avenue North Minneapolis, Minn. 55429 By: Carl R. Hanson Pat Gagnon By: Vern Reynolds By: Robert Potter Building Insp. Building Insp. Building Insp. MOTION by Councilman Harris to approve the foregoing licenses. Seconded by Councilman Breider, Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried. ESTIMATES: Hall, Smith, Juster, Feikema & Haskvitz Attorneys at Law 1050 Builders Exchange Building Minneapolis, Minnesota 55402 For Legal Services from 5-1-70 to 6-17-70 not Covered by Retainer Weaver, Talle & Herrick 316 East Main Street Anoka, Minnesota 55303 For Legal Services Rendered Associated Contracting Company 2745 Sunset Lane Burnsville, Minnesota 55378 FINAL Estimate #1 for work completed this date on Water Improvement Pro�ect #98 according to contract $ 1,162.96 $ 450.00 $12,752.80 l 6�1 r> li U l y ( 7 I�� A_!��) R�GULAR COUNCIL MEETING OF JULY 20� 1970 ESTIMATES CONTINUED. Comstock & Davis, Inc. Consulting Engineers 1446 County Road "J" Minneapolis, Minnesota 55432 For the furnishing of resident inspection and resident supervision for the staking out of the following pro�acts: Estimate #l, Street Improvement Pxo7ect No. 70-4 from June 1, 1970 through Sune 26, 1970. Estimate #8, Sanitary Sewer & Water Improvement Project #93 from June l, 1970 through June 26, 1970 Estimate #8, Water Improvement Pro7ect #94 from June l, 1970 through June 26, 1970 Estimate #2, Water Improvement Pro�ect #95, Schedule B from Sune l, 1970 through June 26, 1970 Estimate #l, Water Improvement Pro�ect #98 from June l, 1970 through June 26, 1970 PAGE 22 $ 583.62 $ 1,716.79 $ 140.71 $ 800.82 $ 453.60 MOTION by Couniclman Liebl to approve payment of the foregoing estimates Seconded by Councilman Harris. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried. COMM[JNICATIONS A. NSP: TRANSMISSION LINE REPORT DATED JULY 13, 1970 MOTION by Councilman Breider to receive the N5P transmission line report dated July 13, 1970. Seconded by Councilman Liebl. ilpon a voice vote, all voting aye, Mayor Kirkham declared the motion carried. MOTION by Councilman Harris to communicate to NSP the Council's dis- pleasure, and that they should continue to meet their scheduled date for completion according to the agreement reached. Councilman Breider asked what was the scheduled date £or completion. Councilman Harris answered August 15th. THE MOTION was seconded by Councilman Breider. Upon a voice Vote, all voting aye, Mayor Kirkham declared the motion carried. S. G�ORGE ELLIOTT. REQUEST FOR TRAFFIC CONTROL UN RIVERVIEW TERRACE Mayor Kirkham asked what could be done, and commented that he felt that the City had a right to be proud of the work completed in this area, con- sidering what we had to do with. Councilman Liebl asked if it was posted. Mayor Kirkham said that it is not now, but it could be when the work is done. MOTION by Councilman Liebl to receive the communication from Mr. George � I � � � REGULAR COUNCIL MEETING OF JULY 20� 1970 PAGE 23 � Elliott, dated June 25, 1970, and instruct the City Manager to communicate to Mr. Elliott tella.ng him that Riverview Terrace will be posted with speed limit signs when the work is completed. Seconded by Councilman Breider. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried. C. MIKE O'BANNON REQUEST FOR ACCEPTING DEPOSIT IN LI�U OF PERFORMANCE BOND The City Manager said that Mr. O'Bannon now has $16,D00 deposited with the City of Fridley. The City Attorney said that accepting the deposit in la.eu of a performance bond could be done and would pose no problem. MOTION by Councilman Harris to receive the communication from Mr. Mike O'Bannon dated July 16, 1970 and concur with his request that $16,000 be held by the City in lieu of a per£ormance bond £or the constsucta.on of sewer mains, water mains and services in Heather Hills Adda.tion. Seconded by Councilman Liebl. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried. D. FRANK M. SHINIEK: REQi7EST FOR SETTLEMENT FOR DAMAGES MOTION by Councilman Harxis to receive the communicata.oii fxom Ms. Fsank M. Sha.mek, 7901 Riverview Terrace, dated ,7nly 15, 1970 and insiruct the � City Manager to communicate to him that the award has been made and the settlement should be coming shortly. The motion was seconded and upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried. STATUS OF D.M. NOYES CONSTRUCTION COMPANY - PROJECT #93: The City Attorney reported that the City of Fridley has now terminated the contract with D.M. Noyes Construction Company. He advised that a letter should be forwarded July 21, 1970 to Home Owners Insurance Company asking them to complete Pro�ect #93 under the obligations of the bond furnished the City, said bond being executed by Home Owners Insurance Comapny on October 28, 1969. He said that the testing has been done and it has been found that it will take about $15,000 for repairs and another $50,000 fox the rest of the work_. He said that the rest of the work should be com- pleted using the money that the City has retained. ADJOURNMENT: There being no further business, Mayor Kirkham declared the Regular Council Meeting of July 20, 1970 ad�ourned at 11:55 P.Ni. �Res ectfully submitted, �c//,Y���'�' uel Mercer Secretary to the City Council LJ �� �� �-,,�,�� � �Jack O- Kirkham Mayor [ C� �