10/05/1970 - 00018512�
'
�
�
�
THE MINUTES OF THE REGULAR COUNCIL MEETING OF OCTDBER 5, 1970
PLEDGE OF ALLEGIANCE:
Mayor Kirkham lead the Council and the audience in saying th� Pledge of Allegiance
to the Flag.
INVOCATION:
Reverend Bergren, Redeemer Lutheran Church ofPered the Invocation.
Mayor Kirkham called the Regular Council Meeting of October 5, 1970 to order at 7_47
P.M.
ROLL CALL:
MEMBERS PRESENT: Liebl, Harris, Breider, Sheridan, Kirkham
MEP7BERS ABSENT None
APPROVAL OF THE MINUTES OF THE CANVAS5 OF VOTE MEETING OF SEPTENIBER 16, 197D.
MOTION by Councilman Liebl to adopt the Minutes of the Canvass of Vote Meeting
of SeptemUer 16, 1970. Seconded by Councilman Breider. Upon a voice vote, all
voting aye, Mayor Kirkham declared the motion carried unanimously.
OF THE MINUTES OF THE REGULAR COUNCIL M�ETING OF SEPTEMBER 21, 1970:
MOTION by Councilman Breider to adopt the Minutes of the Regular Council Meeting
of September 21, 1970. Seconded by Councilman Liebl. Upon a voice vote, all
voting aye, Mayor Kirkham declared the motion carried unanimously.
VISITORS:
Mayor Kirkham explained the procedure and asked if there was anyone present to
speak on any non-agenda type item, with no response.
PUBLIC HEARING ON STREET IMPROVEMENT PROJECT ST. 1970-1, AD➢EN➢UM #5:
The City Engineer said that this is for the improvement of sidewalks on the south
side of Osborne Road between Baker Street and Highway #65. Mayor Kirkham asked
if there was anyone in the audience that wished to speak, with no response.
MOTION by Councilman Liebl to close the Public Hearing on Street Improvement
Pro7ect St. 1970-1, Addendum #5. Seconded by Councilman Sheridan. Upon a voice
vote, all voting aye, Mayor Kirkham declared the motion carried unanimously.
PUBLIC HEARING ON THE 1971 BUDGET:
MOTION by Councilman Harris to continue the Public Hearing on the 1971 Budget
to the Meeting of October 19, 1970. Seconded by Counci]man Sheridan. Upon a
voice vote, all voting aye, Mayor KZrkham declared the motion carried unanimously.
.'
REGULAR COUNCIL MEETING OF OCTOBER 5, 1970 PAGE 2
FIRST READING OF AN ORDINANCE PROHIBITING THE DISPLAYING OF ANY FLAG OF ANY '
COUNTRY Ibi WHICH THE UNITED STATES OF AMERICA IS ENGAGED IN ARMED CONFLICT, AND
FURTHER PROHIBITING THE LOWERING OR REMOVING FROM ANY PUBLIC FLAGPOLE THE FLAG OF
THE CiNITED STATES OF AP4ERICA:
Mayor Kirkham read the proposed Ordinance aloud and commented that he was very
interested in getting it adopted. He said as the Council recalls at the sug-
gestion of the City Attorney it was sent in to the office of the Attorney
General, but he declined to rule before passage of the Ordinance and indicated
that rt would have to be tested in court.
MOTION by Councilman Aarris to appsove the Ordinance on first reading. Seconded
by Councilman Liebl for discussion.
Councilman Liebl questioned whether this would depra.ve anyone of their constitutional
rights. He asked the City Attorney if this Ordinance would stick in court. The
City Attorney said that there could be a problem with the first section of the
Ordinance and it could be declared unconstitutional. Councilman Liebl said that
he had discussed this with some o£ the patriotic citizens of Fridley and the
question was raised if this could be considered an insinuation that the State
and Federal Government are not doing everything they properly should. He asked
if this Ordinance could be enforced. The City Attiorney said that this Ordinance
does definitely have some constitutional problems. It is hard to predict what
a court would do. It may enfringe on a person's right to freedom of speech.
If a person knowingly raised trouble by raising a flag, he could be arrested
by a Fridley pblice officer. The section concerning raising a xed or black �
flag has been ruled unconstitutional by the courts. Mayor Kirkham pointed out
that this was not tested in court. The City Attorney said that this is a grey
area and he could not say a.f it would be xuled unconstitutLOna1. Councilman
Harris said that he understood from the Attorney General's letter that if the
Ordinance was passed, then he would give an opinion. The City Attorney said that
he also got that feeling from the letter. Councilman Harris said that the
Council has the prerogative to sent it back after passage. This Ordinance
would show that the City is concerned, as Americans, that this country should
protect the flaq at all costs. Councilman Sheridan said that he agreed with
Councilman Harris. He asY.ed if anyone displaying a flag that America 1s in
armed conflict with on his own propexty would be in violation o£ the Ordinance.
Mayor Kirkham said that this is the way it was meant to be.
Councilman Breider said that he had done a lot of thinking about this particular
sub7ect. The flag is the symbol of the United States. Tt was his feeling that
it was more the �urisdiction of the Federal Government to protect the symbol
than the City. He felt that the City may be stepping out of their realm. How
do you determine armed conflict? The Ca.ty of Fridley is so far removed from
whom we are in armed conflict with. This would be a disaretionary thing for a
police officer. Who would be authorized �r assigned to raise and lower the
American Flag? Mayor Kirkham said that there is a person designated ati City
Hall and at the schools to raise and lower the flag and no one else is authorized
to do so. He explained that this Ordinance is to prevent what happened in
Minneapolis where an American Flag was lowered and a Viet Cong flag raised. �
There was nothing on the books to prevent this and the trouble makers were allowed
to go free. This Ordinance would prevent this from happening in the City of
Fx zd 1ey .
��
��
REGULAR COUNCIL MEETING OF OCTOBER 5� 1970 PAGE 3
' Councilman Breider said that he had an insecure feeling since the Attorney
General refused to give an opinion. If the Ordinance is passed and then Fridley
is forced to test it, what then? The City Attorney said that it would be tried
in our local court and it would be up to the district �udge, then it could go
to the State Supreme Court. Lowering an American Plag illegally normally calls
for a U.S. Marshall or the F.B.I. but with this Ordinance it could also be the
Fridley Police Department. This could He said to overlap Federal 7urisdiction
and may be invalid.
Councilman Breider said that rt appeared to him that by pursuing this Ordinance,
the Council may be costing the citizens of Fridley a great deal of money if it
were to be tried in court. The Federal statutes govern this sort of thing.
He said that he would have to vote against this Ordinance.
Councilman Liebl said that he thought that the Mayor had fine reasons for
bringing this Ordinance before the Council. As a Councilman, he is responsible
for his people. He said that he came from a country where there was no freedom
and he felt very strongly about taking any freedoms away. The Legislators are
to decide what is best for the ma�ority and in his experience with Federal law,
he felt that there was adequate protection. He felt that Section 96.01 would be
inviting unsavory elements into our society to raise trouble, and test the
Ordinance. He said that he would also have to uote against it.
Councilman Harris said that he would vote in favor of this Ordinance. He did not
want to sub�ect the City to fa.nancial loss a.n a court test case, but if the
' Ordinance does pass, he felt that it should be resubmitted to the Attorney
General. He felt that the Ordinance protects the rights of the people.
Councilman Sheridan suggested that if this were to pass, submit it again to
the Attorney General. It would not be law until the publication of the Ordinance.
If the ruling is unfavorable, then it would not be published and would n.ot be
law. This would eliminate what Councilman Brea.der was concerned about. He felt
that it would be hard to enforce and would nut the burden on the patrol officer
to detexmine if the United 5tates was in armed conflict with some countYy.
Mayor Kirkham felt that it was obvious who we are in armed conflict with. He
said that a no vote would show �ust what is wrong with this country - why
hesitate to protect your flag� It seems that the United States is protecting
the criminal element.
Mr. Henry Peterson of the American Legion, said that there was an incident at
Seven Corners where some people were arrested, but they were let loose. The
American Legion a.s opposed to flag desecration. He felt that this was a good
move by the City Council in preventing what happened in Minneapolis, and there
should be more flag waving. (Applause from the audience)
UPON A ROLL CALL VOTE, Sheridan, Kirkham and Harris voting aye, Liebl and
Breider voting nay, Mayor Kirkham declared the motion carried.
Mayor Kirkham said that the second reading of the Ordinance would be back on
, the Agenda for the Meeting of October 19, 1970.
CONSIDERATION OF A FINAL PLAT, ONAN TERRACE, P.S. #70-02, BY GEORGE N. NELSON,
GENERAZLY LOCATED IN THE 1500 BLOCK BETWEEN 73RD AVENUE AND ONONDAGA STREET AND
CONSIDERATION OF A SPECIAL USE PERMIT, SP #70-08, BY GEORGE N NELSON�
The City Engineer said that the Public Hearing was held on this item on SeptemHer
14th, and the Minutes are to be found in the Agenda. The proposal is to split
/�
REGULAR COUNCIL M�ETING OF OCTOBER 5, 1970
PAGE 4
the north portion into six residential lots fronting on Onondaga. Directly
below these lots a.s the R-1 axea that the special use permit request is for.
They wish to use this area as paxkLng and recreational. Below this is the R-3
where the building would be. The Planning Commission recommended approval of
both requests.
Councilman Breider said in considering the special use permit, that he could not
bring himself to believe that this was the intention of the ordinance, to allow
an additional use for multiple dwellings. He said that as far as he was concerned,
if he lived in this area, he would not want to have his back yard abut a parking
lot, The people in this area do not want this particular development.
MOTION by Councilman Breider to deny the special use pexmit and the final plat
Onan Terrace submitted by George N. Nelson. Seconded by Counca.lman Harris.
Councilman Harris said that he thought that Mr. Nelson did an excellent 7ob in
the preparation of the plat. Since last time, he has had an opportunity to talk
to some of the people and look into the area. He explained that the Ci�y does
have a Board of Appeals and their philosophy might apply. The Board of Appeals
uses the guidelines that there must be a hardship shown, also they must have the
concurrance of the ad�oining property owners. In this case there is no hard-
ship as there is available R-3 land and the people are not in favor of the
development. He said that he did not want to discourage him from developing
in Fridley, there is still available land. He said that he was going to have to
deny the plat an3 special use permit.
Councilman Liebl said that about two years ago the Council reinfoxced the buildinq
codes with the help of the Planning Commission and the previous City Attorney.
About 5 or 6 years ago there were some bad apartments put up, many in h.ts ward.
They get run down and not maintained properly• Since then there is a stricter
building wde. N1r. Nelson was told that under no circumstances was he to infringe
on the 12-1. Th�s is a complex with one million dollars assessed valuation, and
is presently zoned R-3. Land is scarce and very valuable. The Council must
strive toward a progressive attitude and he would like to see something put up
that is economically sound. He said that he must commend Mr. Nelson for working
with the Council in their wishes for the traffic to go out on 73rd, providing
screening and the quality construction. He said that this would be good for
Fridley and he must disagree with Councilmen Harris and Breider. He would be
sorry to see every apartment development turned down. He said that he was in
favor o-€ this development because of the quality of construction and the amount
of money that is to be put into each unit.
Councilman Breider pointed out that he was elected to represent his ward and he
must look at what the people wish for the area.
Councilman Sheridan said that he would have to disagree with Councilman Liebl.
If the area where the special use permit is requested were not to be used in the
total land area so that the presently zoned R-3 could be increased in density,
then perhaps the people would be more favorable to the proposal. With the increase
a.n density, this special use permit is in reality a rezoning in another sense.
As Councilman I-iarris indicated, there was almost unanimous objection fxom the
people in the neighborhood.
Councilman Harris told Mx�. Nelson that this was a fine plan and the quality is
such that he would be proud to have in the community. He hoped that he would be
L _�
�
'
r_'
�.�
REGULAR COUNCIL MEETING OF OCTOBER 5, 1970 PAGE 5
' willing to come Yaack as he would welcome this type of building and constxuction.
The City does have areas to be developed R-3 which he hopefully can acquire.
The Ordinance was not intended to increase density by granting a special use
permrt. Mayor Kirkham said that he must agree wrth Councilman Harris and he hoped
he could find a way to come back into the City, but as Councilman Sheridan
indicated to use a special use permit to effect a rezoning is not what the
special use pexmrt was designed for.
THE VOTE UPON THE MOTION, being a voice vote, Harris, Breider, Sheridan, and
Kirkham voting aye, LieUl voting nay, Mayor K;.rkham declared the motion carried.
CONSIDERATION OF FINAL PLAT� P.5. #70-03, INNSBRUCK NORTH, GENEI2FILLY LOCATED NORTH
OF HIGHWAY 694 BETWEEN MATTERHORN DRIVE AND THE FRI➢LEY - NEW BRIGHTON BOUNDARY
SY VIEWCON� INC., AND CONSIDERATIDN OF THE REZONING REQUEST ZOA #70-05, FROM R-1
TO R-3A BY VIEWCON, INC.:
The City Engineer said that this item was considered at the Public Hearing
Meeting of September 14th, and the Minutes are to be found in the Agenda. Z`he
requests are for approval of a final plat and the rezoning of Parcels C& D to
R-3A.
Counci]man Harris said that �he law offices of Fudali, Remes & Fudali, representing
Viewcon have tried to answer some of the questions raised at the last meeting in
their letter dated October 2, 1970. There were some questions raised concerning
the routing of the traffic from the apartment houses east to Silver Lake Road.
� Fridley's approval of the proposal, then 4dew Brighton's denial would result in
the traffic exiting onto Regis and Hackmann.
The City Attorney suggested that when the lots are bought, there could be a
common easement running to each of the lots in the development for access onto
Silver Lake Road. As this would then be a common easement and the developer would
have the right to construct the road, and is outlined thoroughly in the communi-
cation from Fudali. Fudali has agreed to bond for the construction of the road.
This would assure the road beinq built and if approval is qiven conY.ingent upon
this, he would feel secure. Councilman Harris asked if this would be a platted
road. The City Attorney said no, a private easement. This road would be defined
and would meet New Brighton specifications as to constxuction and width. Access
is not limrted onto Silver Lake Road. Counca.lman Harris asked what contact
Viewcon has had with New Brighton.
Mr. Richard Fudali, Attorney for Viewcon, said that there has been no specific
comment from New Brighton. The dedication would be made according to what
Fridley specified. Fridley wuld then check with New Brighton for the making of
the dedication. It was felt that they would have to come to Fridley first
before New Brighton to get the rezoning. The dedication of the easements will
provide access to Silver Lake Road. He said that they would post a bond for the
constructa.on of the road. A method had to be set up for the protection of Fridley
to qet the tsaffic out to the east. It should be set up so that New Brighton
does not have the controls to chanqe at a later date. He said that they would do
' everything to the satisfaction of the City Attorney and the Crty Engineer. The
temporary construction o£ the road would be prior to any building permits for the
houses. There is a lot of engineering and survey work be£ore finally going
ahead, but there has to be a starting point. The owners of the land are also
cognizant of the plan for access and wi11 comply with them.
�S
�s
REGULAR COUNCIL NIEETING OF OCTOBER 5, 1970
PAGE 6
Councilman Harris asked if they were looking for concept approval rather than '
approval of the final plat. The road in New Brighton would still be part of the
plat.
Councilman Sheridan said that there are two separate actions. One is the con-
sideration of the fa.nal plat, designating 120 residential lots in the westerly '�
of the total complex leaving four outlots, A, B, C& D. The other consideration
is the first reading of the rezoning ordinance for Outlots C& D. At the first
reading the Council could stipulate that the second reading would not be until all
the points brought out in the letter from Fudali are met. He said that as he
understood it, if New Brighton never accepts the dedications from the Crty of
Fridley to Silver Lake Road, the road would still be put in by the developer
with pravate easements to every home. The easement would go with the property,
and there would be no way the Village of New Brighton could vacate the easement.
Councilman Harris asked a.f they could give concept approval. Councilman Sheridan
said that this would not give Viewcon the right to ask the City to proceed with
the installation of facilities. They want to start their development in the
westerly i�. Whether the rezoning of Outlots C& D goes through or not, they
could still proceed with the plat as it would be of record.
Mr. Fudali said that Viewcon does not feel that the City is taking any risk in
accepting the plat. It is not necessary to provide access from the residential
portion to Silver Lake Road. They would want to file the plat on the R-1 portion.
The rezoning would not be done until there is egress and ingress to Silver Lake
Road. The rezoning is more complex than the matter of the platting into home '
sites. He said that �hey have submitted a topography with the proposed plat.
There followed an extensive meeting at the Council table wha.le looking at the plat
and the topography.
MOTION by Councilman Sheridan to accept the final plat of Viewcon Inc. for the
residential 120 lots with Outlots A,B,C, & D. Before signing the final plat the
corrections discussed will be made to the plat before them this evening. Also
before signing the hard shell of the plat the road configuration is to be approved.
Seconded by Councilman Liebl. Upon a voice vote, all voting aye, Mayox Kirkham
declared the motion carried unanimously.
AN ORDINANCE TO AMEND THE CITY CODE OF THE CITY OF FRIDLEY, MINNESOTA BY
MAKING A CHANGE IN ZONING DISTRICTS: (VIEWCON INC.)
MOTION by Councilman Sheridan to approve the Ordinance on first reading and waive
the reading. The second reading not to be until the list of stipulations listed
in the communication from Fudali, Remes & Fudali dated October 2, 1970 are met and
other items such as sanitary sewer and drainage problems as mentioned by the City
Engineer are resolved. Seconded by Councilman Harris. Upon a roll call vote,
Harris, Liebl, Breider, Sheridan, and Kirkham voting aye, Mayor Kirkham declared
the motion carried unanimously.
DISCUSSION REGARDING PETITION #14-1970 REQUESTING IMPROVEMENT OF 4TH STREET '
BETWEEN 53RD AND 54TH AVENUE: (ST. 1971-1)
The Crty Engineer said that the analysis of the petition a.s to be found on Page
43 of the Agenda. It is over SOo both by owners and front footage. This item
was authorized for improvement by Council resolution, then after some discussion
with the people who opposed the improvement at a later Council Meeting it was deleted.
�
REGULAR COUNCIL MEETING OF OCTOBER 5� 1970
PAGE 7
, Councilman Liebl said that when this was first discussed he recommended to the
Council that 6th Street be deleted, but 4th Street to be improved. The ma�ority
of the people seemed to approve, but since then there has been some opposition.
Now there is a petrtion for the improvement of 4th Street from 53rd Avenue to
54th Avenue.
MOTION by Councilman Liebl to authorize putting 4th Street and the alley between
4th Street and Sth Street back into the Street improvement Pro7ect 3t. 1971-1.
Seconded by Councilman Sheridan.
Councilman Liebl said that he received a comment from Mr. .7ohn Anderson saying that
he was opposed to the improvement, but leaving it up to the Council's discretion.
The City Engineer said that they were following the general concept of locating
work in the same qeneral area for a total savings to the abutting property owners.
Honoring this peta.tion would leave only a small portion of the street in need of
repair. When this plan was presented, the idea was to clean up this area. His
recommendation would be to put in the street as previously authora.zed.
A lady in the audience said that she lives on 4th Street and there are cars
parked in the street all the time. It is nearly impossible to get through. The
paving has not helped on Sth Street. The City Engineer said that when the curbing
is put in, this would help keep the cars off the street. The lady asked if there
could not be signs put up. The City Engineer said that they had been ordered.
, He added that one alley has been deleted as it only served two garages, but he
felt that the alley between 4th Street and 5th Street from 54th Avenue to the
Outer Drive of I. 694 should be put in up to the apartment house parking area.
Councilman Liebl said that the point was to get the cars off the street by the
apartment complex. This should aid in picking up the garbage also, by making it
easier to service the area.
A resident of the area said that when Standard Station on 53rd Avenue put in their
apron, there is water standing. Sometimes'it stands there for about a week
before a.t dries up. The City Engineer said that this is one of the problems he
hoped to solve. The Standard Oil station is re7uvenating their business. The
City Engineer told him that this would be taken care of.
THE VOTE UPON THE MOTION, being a voice vote, all voting aye, Mayor Kirkham
declared the motion caxried unanimously.
DISCUSSION REGARDING PETITION #13-1970 AGAINST SIDEWALKS ON WEST MOORE LAKE DRIVE
FROM CAROL TO BAKER STREETS:
Councilman Sheridan said that this petitionwas received at the last regular Council
Meeting and the people were advised that the Council would take action after
Administrative review, which shows that the petition is 86% by ownership and 91%
by front footage. Ae said that he had some discussion with people living in this
area on the telephone although they were not on the side the sidewalks are proposed
for. They were not in favor o£ the sidewalk improvement. He said that speaking
' for himself, he would like to see the sidewalk program continued but with this
sizeable petition, he felt that they would have to accede to their request.
Councilman Harris said that he had talked to people in Bloomington and they put
the sa.dewalks right next to the curbing, then the children have an elevated walk-
way to walk on. When the snowplow plows, he raises the blade and does the sa.dewalks
also.
�
REGULAR COUNCIL MEL^ITING OF OCTOBER 5� 1970 PAGE 8
Mr. Curtis Hebeison, 901 West Moore Lake Drive said that they were asking that '
the sidewalks be deleted for a number of reasons which have already been stated.
He said that he thought that the petition was 1000. Councilman Sheridan said that
when the petition is checked, the fee owners are used. This could make the
difference, although even so, it is a sizeable petition.
Mayor Kirkham asked if it would make any difference to the people's feeling if
the sidewalks were put next to the curbing. Mr. Hebeison said that one person
commented that if they had to have sidewalks, he would like them next to the curb�_ng,
but everyone else is opposed to sidewalks. The feeling is that they are not
needed. Mrs. Warren Hanson, 900 West Moore Lake Drive, said that in her opinion
they would not be used anyhow. The children still walk in the street, and the
cars still have to go around them. The elementary children are bused to either
Hayes or Rice Creek Schools, so there are not any elementary school childzen
walking to school.
NLr. 501 Gunzburger, 6209 Baker Avenue N.E., said that nobody walks on the sidewalks
that are in now. In the winter time they are covered with snow. The boulevards
grow nothing but weeds. He said that he did not want sidewalks.
MOTION by Councilman Sheridan to reconsider previous Council action and delete
the sidewalks from one lct east of Saker Avenue to Carol Drive on West Moore
Lake Drive under Street Improvement Pro�ect St. 1971-2. Seconded by Councilman
Liebl.
Mayor Kirkham asked the Acting City Manager to read aloud the letter received ,
from School District #14 School Board, which he did. Councilman Harris pointed
out to the people that the home owners were not to be assessed, as it indicates
in the letter. This is because of a change in the State law whereby State Aid
funds can be used for sidewalks on a State Aid road. Mr. Hebeison said that any
cost would be the least of their considerations, they sta.11 did not want the
sa.dewalks. Mr. Gunzburger said that if the trucks were taken off West Moore
Lake Drive it would not need the improving. Councilman Sheridan said that they
cannot prohibit any vehicle as long as it is withZn the load limits. A resident
of the area said that his main concern was for his privacy. He felt that the
sidewalks would pass right by his windows. A lady in the audience asked if
the Council could not encourage the Police Department to enforce the 30 M,P.H.
speed limit mare closely on West Moore Lake Drive. She added that with the
wider street there would be greater safety for the pedestrians.
THE VOTE UPON THE MOTION, being a voice vote, all voting aye, Mayor Kirkham
declared the motion carried unanimously.
Councilman Harris suggested that there should be some resolution or ordinance
outlining the policy of the Council in regard to the assessment policy for
sidewalks.
ORDINANCE NO. 464 - AN ORDINANCE AMENDING SECTION 66 OF THE FRIDLEY CITY CODE
CONCERNING WATER AND SEWER ADMINISTRATION, SAID AMENDMENS ELIMINATING THE
REQUIREMENT THAT WATER AND SEWER MINIMUM CHARGES BE PAID IN ADVANCE AND AUTHORI- '
ZING THE SETTING OF WATER AND SEWER CHARGES BY COUNCIL RESOLUTION, THIS AMENDMENT
AFFECTING SECTION 66.08, CONCERNING WATER AND SEWER CHARGES:
MOTION by Councilman Harris to adopt Ordinance #464 on second reading, waive the
reading and order publication. Seconded by Councilman Breider. Upon a voice vote,
all voting aye, Mayor Kirkham declared the motion carried unanimously.
REGULAR COUNCIL MEETING OF OCTOBER 5� 1970
PAGE 9
��
,h�
' ORDINANCE NO. 465 - AN ORDINANCE PROHISITING THE CHANGE, OBSTRUCTION, RECONSTRUCTION,
OR ALTERATION OF ANY PUBLIC WATER OR WATERWAY WLTEISN THE CITY �F FRIDLEY WITH�UT
A WRITTEN PERMIT FROM THE CITY ENGINEER:
Mrs. Ralph Erkel, 567 Rice Creek Terrace asked if this permrt is not a duplication
of the State permit. The City Attorney explained that a.t goes one step further.
Even if a person gets a permit from the State, it would not be required to get
one from Fridley. This City has many beautiful waterways and the Council wants
to make sure they are kept that way. Mayar Kirkham said that the City may not
have the same considerations that the State would have, and the Ca.ty wanted to
make sure they were protected. Counci]man Harris commented that he noticed that
there were quite a few Ri.ce Creek residents in the audience and read the
proposed Ordinance aloud.
Dr. Erkel said that nature also changes the creek's course. i�lrs. Erke1 asked
why there was a fee involved. The City Attorney said that this was because the
City Engineer would be required to review the plans and visit the site.
The City Engineer suggested some minor changes in the Ordinance as it appears in
the Agenda. There should be added "Norton Creek" and the work "lakes" in the first
paragraph so that it would read "---following public waterways or lakes ---"
MOTION by Counca.lman Harris to adopt Ordinance No. 465 as amended on second reading
and order publication. Seconded by Councilman Liebl. Upon a roll call vote,
� Harris, Breider, Sheridan, Kirkham, and Liebl voting aye, Mayor Kirkham declared
the motion carried unanimously.
(NOTE) This item was again discussed under the heading of Dr. Ralph Erkel's
permit.
ORDINANCE #466 - AN ORDINANCE TO AMEND SECTION 3.D6 OF TH� FRIDLEY CITY CODE TO
CLASSIFY AND RESTRICT CERTAIN CITY EMPLOYEES FROM WAGE PAYMENT DURING PERIOD OF
INJURY:
MOTION by Councilman Liebl to adopt Ordinance #466 on second reading, waive the
reada.ng and order publication. Seconded by Councilman Sheridan. Upon a voice
vote, all voting aye, Mayos Rirkham declared the motion casried unanimously.
ORDINANCE #�67 - AN ORDINANCE PROVIDING FOR LICENSING OF TAXI CABS AND REGULATING
THEIR OPERATION IN THE CITY OF FRIDLEY AND AMENDING ORDINANCE ik25 PR�SENTLY CODED
AS CHA.PTER 73 OF THE FRIDLEY CITX CODE:
MOTION by Councilman Harris to adopt Ordinance +�467 on second reading, waive the
reading and oxder publication. Seconded by Councilman Breider_ Upon a voice vote,
all voting aye, Mayor Kirkham declared the motion carried unanimously.
DISCUSSION REGARDING CONDEMNATION 31257 - PROSECTS: PARK AND RECREATION PURPOSES:
(Tabled 9-21-70)
' MOTION by Councilman Harris to table this item until after a meeting with Mr.
Clawson o£ the State �ffice of Usban Affairs. Seconded by Councilman Lieb1.
Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried
unanimously.
_ f^i
i o
h i )
�GULAR COUNCIL MEETING OF OCTOBER 5, 1970
PAGE 10
PERMIT REQUEST BY DR. RALPH 0. ERKEL TO DO WORK ON THE RICE CREEK BANK AS 567
RICE CR�EK TERRACE:
Dr Ralph Erkel said that it was his intention to preserve Ettce Creek, and try to
keep the trees from falling into the creek. He hired a man with a backhoe to do
some work which was stopped by the Police Department. At the tine of the
tornado, he spent about $1800 in filling in the area. Now another wing is
eroding away. Ae said that he did not know that it would become a civic concern.
He said that he had built a retaining wall and his neighbor put in logs to hold
the bank and try to prevent the erosion. He said that after the work was stopped,
he went to the Conservation Department for a permit. He admitted that he should
have done that first. He said that he felt that the Ordinance that was passecl
this evening was directed at him. He said that he could not change the course of
the creek unless he diked it.
Mrs. Barbara Hammerlund. 573 Rice Creek Terrace, said that they lost about 3 feet
of their property by it washing away, plus one tree. Two more are about to go.
Councilman Harris said that there was no attempt a.n the Ordinance to prevent
people from taking care of their property. He said that he also lives on the
creek and has the same problem of the water cutting into the bank. If he were to
divert the creek inadvertently, the people down the creek from him would suffer.
The Ordinance was passed in the public interest to preserve what nature gave to
Fridley.
Mrs. Hammerlund said that she ob7ected most strenuously to the $25 charge for the
permrt. Councilman Harris said that this is to cover the Administrative costs.
She felt that the charge was unfair and there should not even be a charge.
Councilman Breider said that he looked at the creek the day the backhoe was there
and it appeared to him that the water was being diverted to the other side of the
creek. Mrs. Hammerlund said that they loved that creek and would not do anything
to hurt it. She agreed that there should be a permit but they should not be
charged money to tell them what they can and cannot do to their own property.
Councilman Harris said that perhaps she was right, but he said that there
should be a permit so that the City would know what is going on in any specific
area. Councilman Sheridan said that if a home owner put up a garage, they must
pay a fee. Dr Erkel mentioned a retaining wall. if there is an improvement to
the creek with a retaining wall, there should be a fee. Councilman Harris said
that this would not be trying to improve the creek, but trying to prevent the
erosion by natural causes. It would be maintenance. Mrs. Erkel said that when
they started, they did err, and should have asked for a pexmit from the
Consexvation Department. She said that she was there when the men from the
Conservation Departrnent came out and they agreed wrth what they were doing, and
suggested hauling in the rocks for the shore. This would be a considerable
expense. They have enough property now and the last thing they �eed is more
property. She said that they thovght they were doing the right thing. The
Conservata.on Department said that it was too bad they did not get a permit in the
beginning to eliminate the problems with the neighbors.
Councilman Harris said that tha.s problem came to light before their disagreement
with Mr, Robert Minder. When Medtronics was built, they wanted to put in a bridge
across the creek and came befare the Council voluntarily. They had to get a
permit from the Conservation Department, but it did not specify the height. The
Council asked them to leave sufficient head room for canoeists at high water.
Had they not come before the Council the City could have been stuck with a low
bridge and nothing could be done about it. This is one of the reasons this
�
'
'
�,� �
REGULAR COUNCIL MEETING OF OCTOBER 5, 1970 PAGE 11
' Ordinance was drafted. Councilman Liebl added his assurance that this Ordinance
was not set out for one single individual. He said that at times it is necessary
to clean the creek, but the people must be careful not to hurt their neighbors.
Councilman Hxeidex said that it seemed the problem is a shifting exeek. He asked
the Erkels and Mr. Minder what would be an acceptable solution.
Mr. Robert Minder, 550 Rice Creek Soulevard, said that he had no ob7ection to
someone improving the creek. He said that he knew that the water will cut a.nto
the banks. His feeling was that if they were gmng to improve the creek,
everyone in the area is going to have to get together and hire an engineer and
have the pro�ect done riqht. This would cost a great deal o£ money. It should
be made a pro7ect all up and down the creek. He said that he would not ob7ect
to this and would be willing to pay his fair share.
Nlrs. Erkel asked Mr. Minder if he felt that they were hurting the creek. Mr.
Minder said that they were cutting down into the clay at the bottom of the creek
and the fixst ticne there is high water, it will wash the clay away. Ae would
have no ob7ection to doing the thing right but he did not think just one person
on one side of the creek can do the pro7ect correctly.
The City Engineer said that the permit states that they wish to cut down into
the creek bottom one foot. The permit from the Conservation Department requires
City action on it. The City Attorney asked if they planned on digging out one
foot and puttinq rocks on the bank. Mrs. Erkel said that they would do the
work according to the Conservation Department specifications. Councilman Breider
� asked what would happen if they did not dig out the bottom, but �ust put the rocks
on the bank. Mrs. Erkel said it was difficult to say, and that �they would follow
the Conselvation Department's recommendatlons.
Mayor Kirkham explained that one Yeason there is a need foY a City permit is so
that the City is assured'that there is a Conservation Department permrt. If
there is a City permit there would be some control and the City is not trying
to force anything undue onto anyone. He sai,d that they were trying to resolve
th.ts without having a neighborhood squabble.
Mr. Minder said that before the Conservation Department will approve a permit it
has to be shown how it will affect all the creek bottom down stream. If Dr.
Erkel will bring in his plans to the City Engineer so he could check them out then
he did not think anyone would ob7ect. He said that he would also like to check
the plans. He said that he was out of town when Dr. Erkel started his work. Mrs.
Erkel said that he has been in town since then and could have seen the plans by
asking.
The Ca.ty Attorney said that he felt that the Citp could approae the rocks on the
bank, but he did not see how they could approve digginq the channel one foot
deeper, and the City Engineer agreed_
Councilman Breider said that when he was at the site, it appeared to him that the
water tended to flow to the opposite bank. Nirs. Hammerlund said that that was
' where the creek was 10 years ago. They were �ust brinqing it back to it's
original location,
MOTION by Cauncilman Harris to approve the rocks on the bank and deny the
digging portion of the request.
i� �
REGULAR COUNCIL ME�TING OE OCTOBER 5, 1970 PAGE 12
Councilman Harris said that he would take the opinion of the City Attorney and '
approve the rocks on the bank but until there is more available information he did
not see how the Council could approve digging the channel deeper on his side of the
creek.
Mrs. Hammerlund asked if the City could help on the plans. Councilman Breider
asked if this would be too much trouble. The City Engineer explained that there
are about 15 communities inwlved in the Rice Creek Watershed District. It
would be very difficult to isolate a portion of the creek. The drainage would be
more as the areas are built up The City of Fridley has been working toward a
watershed district. Councilman Liebl said that this is a problem of the Rice
Creek Home Owners Association. They should start doing something to preserve
the creek, or they will lose it. Councilman Harris commented that by his house
where the ducks used to swim, they now walk.
A member of the audience said that he is also against the $25 charge. He said that
his neighbor has trees that are about to fall into the creek and this would also
be an obstruction to a canoeist. Councilman Breider asked if it would be possa.ble
to correct the Fridley portion of the creek. The City Engineer said that Fridley
cannot solve the problem, there must be a mutual effort of all the people up
stream and Fridley.
THE MOTION seconded by Councilman Breider. Upon a voice vote, all voting aye,
Mayor Kirkham declared the motion carried unanimously.
MOTION by Councilman Breider to bring Ordinance #465 back before the Council for '
reconsideration. Seconded by Councilman Harris. Upon a voice vote, all voting aye,
Mayor Kirkham declared the motion carried unanimously.
MDTION by Councilman Breider to adopt Ordinance #465 on second reading, and
order publication. Seconded by Councilman Harris.
MOTION by Councilman Breider to amend the motion to approve the Ordinance by
removing the $25 fee for the permrt. Seconded by Councilman Harris.
Councilman Sheridan said that there are Administrative costs and there should be
a fee involved. Councilman Breider asked what taac bracket a house on the creek
is in versus one that is not. The Acting City Manager said that if a lot had a
$5000 market value, on the creek it would be $8000 -$9000, or approximately
20o higher. Councilman Breider said that if a person is trying to preserve the
natural course of the creek they should be allowed to do so.
Mr. Andrew Kohlan said that all the sand and dirt in the creek does not come
from work of individual owners cleaning up the creek. It is coming from residential
construction and commercial and industrial work. He said that almost every summer
he cleans out the creek. The bulk of the things that people would do does not
require supervision. When the church was built, the residue washed down into the
creek. He asked that the permits be placed where they belong, not on the small
property owner. '
THE VOTE upon the motion for the amendment, being a voice vote, all voting aye,
Mayor Kirkham declared the motion carried unanunously.
THE VOTE upon the motion to adopt the Ordinance #465 being a voice vote, all
voting aye, Mayor Kirkham declared the motion carried unanimously.
tl �i
�
REGULAR COUNCIL MEETING OF OCTOBER 5� 1970
, RECESS•
Mayor Kirkham declared 'a recess from 10:55 to 11:10 P.M.
PAGE 13
RECEIVING PLANS FROM THE MINNESOTA HTGHWAY DEPAFTIKEIAT FOR T.H. #47 (IJN�IVERSITY
AVENUE) FENCING FROM CITY LIMITS TO 69TA AVENUE AND ALSO DISCUSSION REGARDING
T.H. #47 SLIP-OFF AND CIRCLE FLOW IN HYDE PARK AREA:
The City Engineer said that he wanted to apprise the Council of the Highway
Department's plans to fence T.H. #47 from the City limits to 69th Avenue with
chain link fencing. This is the same plan as was requested by the City a few
years ago. There will be openings at signalized intersections.
Councilman Harris pointed out the need for a signal at 69th Avenue. He said that
the bicylce and pedestrian traf£a.c comes fxom the east side of T.H_ #47 from
69th Avenue area and crosses over at the creek to get onto the service road.
Ae felt that there should be an opening provided there.
The City Engineer said that there is a shortage of funds for signalization.
These plans for the fencing do not need City approval, it all comes from State
funds. There have been requests made by the City for a signal at 69th, but there
has to be certain criteria established by the Highway Department for signals. He
said that the Council rezoned a portion of Hyde Park to commercial and planned
the slip-off, wrth permission from the Aighway ➢epartment. Since then, as outlined
in the letter from the Highway Department dated 5eptember 29, 1970, they feel
� that they cannot give �he right of way for the service road, because of their
plans for the Pencing, among other reasons. They suggest that it would not be a
good plan to have a service road so close to an expressway and that the City try to
come up with an altexnate p1an. The City would have to condemn to geY� the
property now. There has been some interest in the area about someone buying the
whole block. Maybe at this time the City could get the slip-off, and would ask
later for a dedication if the development warrants. He saa.d that Mr. Dick Elasky
of District Fa.ve is present to answer questions. He said that the City will have
to move on the slip-off as he would like to let the bid5 this winter.
Councilman Liebl said that the Council has worked for the last three years to
get the area from 60th Avenue to 57th Avenue between Una.versity Avenue and 2nd
Street cleaned up, and the Highway Department concurred with the City's plans. The
Council rezoned this and now the Highway Department has changed their minds.
Mr. Dick Elasky representing the District Enginaer, said that he could safely
state thesla.p-off will be a possibility, but the addrtional right of way appears
not to be available. Originally the request was made to Mr. Burrill, then the
District Engineer, and since then he has been transferred. Sul�sequently many
factors came to light. As outla.ned in the letter from Norm Osterby, District
Engineer dated Septembex 29, 1970, they feel that they cannot give the right of
way for the service road for the reasons stated.
Councilman Liebl asked if they still approved of the slip-off, and commented that
' without the slip-off the rezoning might not have been done. Mr. Elasky said that
this is correct to his knowledge. Councilman Liebl said that the City has 12' and
needed S' right of way from the Highway Department to make a 20' one way road.
Councilman Liebl said that the City should move on the slip-off so that the bid
can be let during the winter to get a better bid price. Mayor Kirkham commented
that it appears that the City will have to give up on the plans fos the service
road. Perhaps the City can negotiate with the Highway Department, they may want it.
� i
REGULAR COUNCIL MEETING OF OCTOBER 5� 1970 PAGE 14
The City Engineer said that the fencing would be quite close to the right of way. '
Councilman Sheridan said that the previous City Manager and himself interpreted
the letter to mean that they were not being turned down and that the Highway
Department approved of the Circle Flow pattern. If it would have been denied
then, perhaps the Council would have acted differently, and the rezoning might
not have taken place. The City Attorney said that the City may be able to force
compliance of the Highway Department based on the letters previously sent and
received. Mayor Kirkham said that it was agreed that the Hyde Park pattern was
to be a staged program. Councilman Sheridan said that the total development may be
such that the one way service road may be unnecessary. If it should be necessary,
perhaps the City would have to go back to the Highway Departrnent and try to force
compliance.
Councilman Harris asked about the loopbacks in relation to the fencing. The City
Engineer said that they wexe provided for, the fence will start further back.
Councilman Harris said that there was a necessity for the fence south of I. 694,
but questioned the need for it north of I. 694. He said that it would not add
aesthetically to the area. Mr. Elasky said that the fencing is proposed for the
safety of the pedestrians, but it could be deleted from the plans north of I. 694.
He said that he believed that 73rd Avenue is slated £or signals. For signalization,
there must be certain criteria met. The Highway Depaxtment felt that a signal at
73rd was critical because of the Ice Arena traffic. He said in their opinion 73rd
Avenue needed a signal worse than 69th Avenue. Councilman Harris said that his
understanding was that the Highway Department indicated that there were to be
signals on T.H. #47 every four blocks. Mr. Elasky said that it was 7ust a matter '
of time and available money. They have tra£fic problems in other counties also,
and the signals have to be �ustified by a system of warrants. The situation must
be critical. Councilman Harris asked how much for a signal and Mr. Elasky said
from $30,000 to $35,000, would be the approxamate cost for one intersection.
Mayor Kirkham said that he would like to have a meeting to discuss the fencing
�rom tke freeway north to 69th Avenue. Councilman Sheridan agreed that it would
merit some further discussion.
RESOLUTION #194-1970 - RESOLUTION REQUESTING THE STATE TO WITHHOLD INSTAL-
LATION OF FENCING ON T.H. #47 NORTH OF 2. 694:
MOTION by Councilman Liebl to adopt Resolution #194-1970. Seconded by Councilman
Sheridan.
Mr. Eldon Schmedeke said that he would frown on fencing north of I. 694 and he was
sure the other businesses would also. He asked that the Council not abandon the
plan Circle Flow as the people are still planning on it in the area. Mr. Elasky
asked him what would be his ob7ection. Mr. Schmedeke said that he has a used
car agency and he did not think that a fence would help him any to display the
cars.
UPON A VOICE VOTE, all voting aye, Mayor Kirkham declared the motion carried
unanimously.
MOTION by Councilman Liebl to authorize the Administration to proceed with ,
negotiations for the right of way only for the slip-off into Hyde Park at 60th
Avenue and remove the improvement of the service road along University Avenue at
this time. Seconded by Councilman Harris. Upon a voice vote, all voting aye,
Mayor Kirkham declared the motion carried unanimously.
'
L _I
� F `�
REGULAR COUNCIL MEETING OF OCTOBER 5, 1970 PAGE 15
Mr. Elasky appologized for any commitments that may have been made by the City
based on prior approval. He said that things do not stay static and do change.
The granting o£ the slip-off is a unique srtuation.
DISCUSSION REGARDING COMPLETION OF INSTALLATING SIDEWALKS ON EAST SIDE OF T.H. #47
(UNIVERSITY AVENUE) EAST SERVICE ROAD FROM MISSISSIPPI STREET TO 57TH AVENUE:
The City Engineer said that he was bringing this matter to the attention of the
Council at this time because of the proposed fencing. If Universrty Avenue is
fenced, there would be sidewalks needed. Some of the sidewalks are already
completed, and he wished to know if the Council wants him to proceed with the
installation oE the rest of the sidewalks at this time. Councilman Harris
commented that �ere is only one vacant lot along this stretch of road. The City
Engineer added that the 115 KV poles will be removed.
MOTION by Councilman Harris to authorize the City Engineer to prepare the
necessary papers for a pul�lic hearing on the sidewalks on the east side of T.H.
#47 east service road from Mississippi Street to 57th Avenue. The motion was
seconded and upon a voice vote, all voting aye, Mayor Kirkham declared the
motion carried unanimously.
APPROVAL OF AGREEMENT WITH NORTHERN STATES POWER FOR USE OF THEIR PROPERTY FOR
CITY DEPARTMENT VEHICLES AT T.H. #65 SUBSTATION
The City Engineer said that this ag'seement was for the use of NSP land for
parking the City vehicles. If the Council agrees with the agreement, authorization
for the City Manager and Mayor to sign is needed.
MOTION by Councilman Liebl to approve the agreement and authorize the Acting
City Manager and Mayor Kirkham to sign the agreement. Seconded by Councilman
Sheridan. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion
carried unanimously.
CONSIDERATION OF REQUEST BY FIVE SANDS DEVELOPMENT FOR THE COMPLETION OF LINCOLN
STREET:
The City Engineer showed the location of Lincoln Street on the screen and said
that this street would funnel the traffic out onto East River Roacl at 79th Avenue.
MOTIDN by Councilman Breider to authorize the City Engineer to prepare the neces5ary
papers for the public hearing for the completion of Lincoln Street as requested
by Five Sands. The motion was seconded and upon a voice vote, all voting aye,
Mayor Kirkham declared the motion carried unanimously.
CONSIDERATION OF REQUEST SY AMERICAN LEGION TO MOVE THESR ON-SALE LIQUOR FOR
PRIVATE LIQUOR LICENSE TO BASEMENT OF QIIICK SHOP: (6319 HIGHWAY #W65)
The Acta.ng City Manager reported that the Building Inspection Department has
checked this out and have set up a meeting the next day. The City Engineer said
' that there is not enought parking, but there is an empty lot next door that they
could perhaps use.
Mr. Henry Peterson of the American Legion, said that the owner of the Texaco
Station has said that they can use their parking and there would be parking in
front of the store when it is closeci. He said that December 19th they have to be
out of their present location at 7325 Central Avenue. The City Engineer said that
the parking problem can be resolved at their meeta.ng the next day. He asked that
they not do anything more until it is settled.
I 'J
iI � �
REGULAR COUNCIL MEETING OF OCTOBER 5� 1970 PAGE 16
MOTION by Councilman Harris to approve transfer of the American Legion lic�uor '
license from 7325 Central Avenue N.E. to 6319 Highway #65, subject to resolv4ng
the parking situation to the satisfaction of the Crty Engineer and the Building
Inspection Department. Seconded by Councilman Breider. Upon a voice vote, all
voting aye, Mayor Kirkham declared the motion carried unanunously.
RECEIVING THE MINUTES OF TI-IE BUILDING STANDARDS - DESIGN CONTROL MEETING OF
SEPTEMBER 28, 1970:
CONSIDERATION OF A REQUEST TO CONSTRUCT A FOOD PROCESSING PLANT TO BE LOCATED
ON LOT 4, BLOCK 4, COMMERCE PARK, THE SAME BEING 7350 COMMERCE LANE, FRIDLEY,
MINNESOTA. (REQUEST BY TOTINO'S FINER EOODS, 5701 W. 36TH STREET, MINNEAPOLIS
MINNESOTA):
MOTION by Councilman Liebl to concur with the Building Board for the issuance of
a foundation permit for Totino's Finer Foods sub7ect to compliance with the five
stipulations of the Board.
The City Engineer said that this was to be a nice building and is Iocated north
of Minco. The front is all brick and rt is a nice development. He raised the
question on the screening of the refuse area. The Board has stipulated that
screening would be required if the refuse area is not kept in an orderly manner.
Ae wondered how do you determine if it is kept in an orderly manner.
Councilman Liebl said that he had faith in Mr. Tonco's 7udgment, and that he is '
usually right.
Mr. Bob Willow of Totino's, was present and said that they presently are located
in St. Louis Park. He said that they plan to compact their refuse and there would
be no open refuse. The compactor would be enclosed, and there would be a truck
backed up to the back door for the disposal of the refuse after compaction,
After compaction the refuse would go into a bin and the trucks would periodically
pick it up. They felt that this would be a better method than burning. It is all
U S.D.A. inspected.
Councilman Liebl extended his welcome to the City of Fridley. The City Engineer
raised the question of whether there would be any smell. Mr. Willow said that he
had talked to Mr. Harvey McPhee,the Health Sanitarian, about this and they do
not feel that there will be any smell due to their cooking and cooling process.
He said that they would be putting in a bakery, but Mr. McPhee did not feel that
this would be an offensive odor.
The City Engineer said welcome to the City and offered his help in the continuation
of their plans.
SHE MOTION was seconded and upon a voice vote, all voting aye, Mayor Kirkham
declared the motion carried unanimously.
Mr. Keigh Bednarowski of Rauenhorst Corporation said that they also have an
application in for a general contractor's license. Councilman Sheridan of£ered ,
to act upon the license at the same time so that they would not have to wait
any longer.
1
�
REGULI:R COUNCIL MEETING OF OCTOBER 5� 1970
General Contractor
PAGE 17
Approved By:
,a �g
� 6�
Rauenhorst Corporation
4444 Rauenhorst Circle
Minneapolis, Minnesota By: Keith P. Bednarowski Building Inspecto.x'
MOTION by Councilman Sheridan to approve the General Contractor's license for
Rauenhorst Corporation. Seconded by Councilman Liebl. Upon a voice vote, all
votinq aye, Mayor Kixkham declared the motion cax'ried unanimously.
RECEIVING THE MINUTES OF THE BOARD OF APPEALS MEETING OF SEPTEMBER 29, 1970
l. A REQUEST FOR A VARIANCE OF SECTION 45.053� 4A� TO REDUCE THE FRONT YARD
SETBACK REQUIREMENT FROM 43 FEET TO 34 FEET TO PERMIT THE CONSTRUCTION OF A
12 FOOT ADDSTION ONTO AN EXISTING ATTACHED GARAGE LOCATED ON LOT 19� BLOCK 3,
MOORE LAKE HILLS ADDITION, THE SAP4E BEING 1340 HILLCREST DRIVE N.E., FRI➢LEY
MINNESOTA. (REQUEST BY MR. EUGENE R. HENKEL, 1340 HILLCREST DRIVE N.E „
FRIDLEY, MINNESOTA.):
Councilman Shexidan pointed out that the Minutes state that thexe is no ob�ection
from the ad�acent property owners.
MOTION by Councilman Harris to approve the variance requested by NLr. Eugene R.
Henkel. The motion was seconded and upon a voice vote, all voting aye, Mayor
Kirkham declared the motion carried unanimously.
2. A REQUEST FOR A VARIANCE OF SECTION 45.073, lA, SUBPARAGRAPH 2, TO REDUCE
THE MINIMUM LAND 7iREA REOUESTMENT EROM 17.000 SOUARE EEET TO 16.267 SOUAF.E
A
28
29, AND 30, BLOCK 15, HAMILTON'S ADDITTON TO MECHANICSVILLE, THE SAME BEIN(
5381 5TH STREET N.E., ERIDI.EY, MINIQESOTA. (REQUEST BY MARCUL EIBEI�STEINER,
2110 THORNDALE AVENUE, NEW BRIGHTON, MINNESOTA):
The City Engineer said that this is a request for an area variance on the corner
of 54th Avenue and Sth Street.
Mr. Eibensteiner said that there were to be five units with an effeciency apart-
ment and it will be owner occupied. St is to be 3 stories, '� in the ground and two
stories up. He said that he had talked to the neighbors and their only concern
was that it should be kept up. Councilman Lxebl said that it appears to be
quality construct�.on and all brick. Mr. Eibensteiner said that the total
construction cost would be about $83,000.
MOTION by Councilman Liebl to concur with the Board of Appeals and grant the
variance to Mr. Marcol Eibensteiner, based on the Board's conditions. Seconded
by Councilman Harris. Upon a voice vote, all voting aye, Mayor Kirkham declared
the motion caxried unanimously.
3. A REQUEST FOR A VARIANCE OF SECTION 45.053, 4B, SUBPARAGRAPH 3, FRI➢LEY CITY
� CO➢E� TO REDUCE THE SIDE YARD SETSACK R'EQUIREMEIQT FROb3 5 FEET TO 9 FEET 6
INCHES TO PERMIT lHE CONSTRUCTION OF AN ATTACHED GARAGE ONTO AN EXISTING
DWELLING LOCATED UN LOT 13, SLOCK 2, MELODY MAIVOR 3RD ADDITION, THE SAME
BEING 7416 CONCERTO CURVE, FRIDLEY� MINNESOTA. (REQUST BY MR. RONALD LAFOND
7416 CONCERTO CURVE N.E., FRIDLEY, MINNESOTA.):
MOTION by Councilman Breider to concur with the Board of Appeals and grant the
variance requested by Mr. Ronald Lafond. 5econded by Councilman Sheridan.
,
_,_ �`�
REGULAR COUNCIL MEETING OF OCTOBER 5, 1970
PAGE 18
Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried
unanimously.
APPROVAL OF ADVERTISING FOR WORKMEN'S COMPEN5ATIDN INSURAIQCE BIDS:
MOTION by Councilman Harris to approve of advertising for bids fos workmen's
compensation insurance. Seconded by Councilman Liebl. Upon a voice vote,all
voting aye, Mayor Kirkham declared the motion carried unanimously.
RECEIVING BIDS FOR MEADOWI,ANDS PARK STORM SEWER #P-10:
1970, 11:30 A.M.)
Planholder
Bid Deposit
Don Anderson Co., Inc. Fid. & Deposit
15714 Highway #5 Co. of Maryland
�den PXairie, Minn. 55343 10% Bid Bond
Dunkley Surfacing Co., Inc.Cap. Indemnity
3756 Grand Street N.E. Corp.
Minneapolis, Minn. 5542� 5a Bid Bond
Julian Johnson Constr.
3638 Beldon Drive
St. Anthony, Minnesota
Minn-KOta Excavating
3401 85th Avenue No.
Minneapolis, Minn.
Co. State Surety Co
5% Bid Bond
U. Pacific Ins
Company
5o Bid Bond
Glenn Rehbein Am. Inst. of
7309 Lake Drive Archrtects
Lino Lakes, Minn. 55014 5o Bid Bond
O& H Excavation, Inc. Wisc. Surety
2006 Cedar Drive Corp.
New Brighton, Minn. 55112 5% Sid Bond
Park Construction Co.
51 37th Avenue N.E.
Fridley, Minn. 55421
White Constr. Co.
307 West 15th Street
Minneapolis, Nlinn.
U.S. Fid. &
Guaranty Co.
5% Bid Bond
Fid•& Deposat
Co. of Maryland
5o Bid Bond
(Bids Opened October 5,
Base Bid Alternate #1
$18,450.00 $15,928.25
19,445.00
12,632.70
12,947.00
14,822.00
17,145.00
10,933.25
14,592.00
12,741.75
8,595.88
14,051.00
10,522.00
14,927.50
6,701.75
26,358.50
Comp. Date
'
Dec. 1, 1970
or 50 Cal.
Days
Nov. 30, 1970
or 60 Cal.
Days
Nov. 30, 1970
or 45 Cal.
Days '
As spec.
Nov. 30, 1970
Nov. 3D, 1970
As spec.
Nov. 30, 197D
Councilman Harris asked how much has been set aside for this improvement. The
City Engineer said $10,D00. The low ba.d of $10,933.25 provides for the water line
and hydrant also, so it would be close to the estimate. The alternate of '
$6,701.75 is needed to do the grading and put in top soil and seeding. It is
to be completed November 30th, with the seeding done next spr�,ng. He felt that
the bid and the alternate were reasonable figures. Councilman H�rris said that he
assumed that it would cost less if both the base and the alternate were done at
the same time.
� ��
�,
REGULAR COUNCIL MEETING OF OCTOBER 5, 1970 PAGE 19
' Councilman Sheridan said that the Acting City Manager has indicated that there
would not be enough funds in the budget for this work unless it was taken out of
other funds. He felt that they should go ahead so this facility could be used.
He suggested after the publzc hearing meeting next Tuesday, that there be some
discussion on other parks that are also needed. He pointed out that park lands are
badly needed in the southwest corner of the community. The property costs a
prohibitive amount so he questioned the possibility of leasing land for something
like a 10 year period from the railroad. There could be ball diamonds put in and
amoxtize the cost over the lenqth of the lease. Some of the property that the
railroad holds may not be developed for another 10 years. Councilman Harris
commexited that this was discussed at the time of the park bond issue.
,
'
MOTION by Councilman Harris to award the bid for Meadowlands Storm Sewer Pro7ect
#P-10 to Park Construction in the amount of $10,933,25 with the alternate of
$6,701•75. Seconded by Councilman Sheridan. Upon a voice vote, all voting aye,
Mayor Kirkham declared the motion carried unanimously.
RESOLUTION #195-1970 - A RE50LUTION DELETING ASSESSMENTS ON PARCEL 4800, SECTION
11, FOR STREET IMPROVEMENT PROJECT ST. 1968-1B:
MOTION by Councilman Liebl to adopt Resolution #195-1970. Seconded by Councilman
Harris. Upon a voice vote, there being no nays, Mayor Kirkham declared the motion
carried unanimously.
RESOLUTION #196-1970 - A
CERTIFYING CHARGES TO THE COUNTY AUDIT
� FOR COLL�CTION WITH THE TAXES PAYABLE
TO
�
Councilman Sreider pointed out that in some cases the charges are for only a little
over one dollar. He asked about establishing a minimum fee. Councilman Sheridan
said that in the future there could be established a minimum fee of $3 or $5, and
less than that would not be charged. The Administrative costs would be more than
$1. The Acting City Manager said that he would work up a policy on this matter.
MOTION by Councilman Breider to adopt Resolution #196-1970. Seconded by Councilman
Liebl. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion
carried unanunously_
RESOLUTION #197-1970 - A RESOLUTION DESIGNATTNG POLLING PLACES AND APPOINTING
ELECTION JIIDGES FOR THE NOVEMSER 3, 1970, GENERAL ELECTION:
MOTION by Councilman Harris to adopt Resolution #197-197D. 5econded by Councilman
Liebl. Upon a vmce vote, all voting aye, Mayor Kirkham declared the motion carried
unanimously.
APPOINTMENT - AUMAN RELATIONS COMMITTEE:
Mayor Kirkham submitted the name of Revexend James McChesney, 541 67th Avenue N.E.,
Fra.dley, Minnesota, Telephone: 560-3038, to fill the vacancy created by Father
Gerald Keefe leaving.
MOTION by Councilman Sheridan to concur with Mayor Kirkham in the appointment
of Reverend James McChesney to fill the vacancy on the Human Relations Committee.
Seconded by Councilman Liebl. Upon a voice vote, all voting aye, Mayor Ka.rkham
declared the motion caxried unanimously.
c�i�+ l
REGOLAR COUNCIL MEETING OF OCTOBER 5� 1970
CLAIMS:
PAGE 20
MOTION by Councilman Liebl to authorize payment of General Claims #23035 through
#23239 and Liquor Claims #4853 through #4894. Seconded by Councilman Sheridan.
Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried
unanimously.
LICENSES:
Vending Machine
Fridley Golf Driving Range, Inc.
8100 University Avenue N.E
Fridley, Minnesota By; Roger M. Jones
Approved By
Health Inspector
NOTE: The applicant for the Solicitor's License, Josephine Foreman, withdrew
her application at this time.
Gas Services
Moen Corporation
106 East Lake Street
Minneapolis, Minnesota
Heating
By: Norman Moen
People's Plumbing & Heating Co.
1148 Arcade Street
St. Paul, Minnesota By: Joseph Ikhami
Northwestern Heating
2296 Terrrtorial Rd.
St. Paul, Minn.
General Contractor
By: Cecil H. Lenz
Plumbing Inspector
Plumbing Inspector
Plumbing Inspector
Rayco Construction Company
6325 Unity Avenue North
Minneapolis, Minnesota By: Ray JoYdahl Building Inspector
NOT�: General Contractor's License for Rauenhorst previously approved in Council
�ction on Totino's Finer Foods.
1
'
MOTION by Councilman Liebl to approve the foregoing licenses. Seconded by Councilman
Sheridan. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion
carried unanimously.
ESTIMATES:
F.N. Shaffer Real Estate, Inc.
& Appraisal Service
5060 Central Avenue N.E.
Fridley, Minnesota 55421
Appraisal of Reidel Property and Court Appearances
$ 450.00
1
'
'
REGIILAR. COUNCIL MEETING OF OCTOBER 5, 1970
ESTIMATES CONTINUED:
Commissa.oners Fees for Condemnation
No. 31012, Pro�ects: Street &
Utility Purposes. Jean & Leonard Cochran
Curtis Larson
9320 Foley Blvd. N.W.
Coon Rapids, Ma.nnesota
Albert A. Kordiak
3948 Central Ave. N.E.
Columbia Heights, Minn
55433
Harvey Peterson
151 Glen Creek Road
Fridley, Minnesota 55432
Weaver, Ta11e & Herrick
316 East Mazn Street
Anoka, Ma.nnesota 55303
55421
For Services Rendered Da�ed September 21, 1970
Minn-Kota Excavation Co.
Osseo
Minnesota
Partial Estimate dated October 1, 1970
Street Improvement Pro�ect St. 1970-1
Street Improvement Pro7ect St. 1970-2
MOTION by Councilman Harris to approVe payment of the estimates
Seconded by Councilman Liebl. Upon a voice vote, all votinq aye
declared the motion carried unanimously.
GOMMUNSCATIONS:
`,� �-
PAGE 21
$ 260.00
$ 260.00
$ 260.00
$ 675.20
$ 43,474.49
$ 28,364.14
as listed.
, Mayor Kirkham
A. NORTHEIi�S STATES POWER: PROGRESS REPORT DATED SEPTESdBER 25, 1970
MOTION by Councilman Harris to receive the progress report from NSP dated
September 25, 1970 and instruct the Ac3ministration to darect a letter to them
outlining the terms agreed upon between the Council and NSP at their meeting with
the Council at 7cD0 this evening. Seconded by Councilman SHeridan. Upon a voice
vote, all voting aye, Mayor Kirkham declared the motion carried unanimously.
B. FIRE PREVENTION CHTEF:
UTILITY ACCOUNTS IN MULTIPLE DWELLINGS:
, MOTION by Councilman Liebl to receive the communication from the Fire Prevention
Buxeau Chief dated October 2, 1970. Seconded by Councilman Breider. Upon a
voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously.
� ;�
REGULAR COUNCIL MEETING OF OCTOBER 5, 1970
PAGE 22
STORM SEWER PUBLIC HEARINGS FOR THE REMAINDER OF THE CITY NOT YET IN STORM SEWER
DISTRICTS:
MOTION by Councilman Harris to request that the item regarding having a storm
sewer hearing for all the remaining portions of the City not yet in a storm sewer
district be placed on the next regular Agenda for discussion. The motion was
seconded and upon a voice vote, all voting aye, Mayor Kirkham declared the
motion carried unanimously.
AUJOURNMENT:
MOTION by Councilman Liebl to adjourn the Meeting. Seconded by Councilman
Sheridan. IIpon a voice vote, all voting aye, Mayor Kirkham declared the
Regular Council Meeting of October 5, 1970 ad�ourned at 12:32 A.M.
Respectfully submitted,
J
i.,F`,�G�' � �%?�!. �,C-cy'i�-,
.7ue1 Mercer
Secretary to the City Council
Jack O. Klrkham
Mayor
'
'
I�