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01/18/1971 - 00018337il h 9 a � �� . � THE MINUTES OF THE REGIILAR COUSdCIL MEETING OF 3AL3UARY 18, 1971 PLEDGE OF ALLEGIANCE: Mayor Kirkham lead the Council and the audience in saying the Pledge of Allegiance to the Flag. INVOCATION: Reverend Richard Podvin offered the Invocation. ROLL CALL: MEMBERS PRESENT: Breider, Kelshaw, ILirkham, Liebl, Harris MEMSERS ABSENT: None OE AWARDS: Mayor Kirkham asked Councilman Aarris to make the award to David Larson, Chairman of N.S.S.S.D. Councilman Harris said that he was glad to see the number of people here tonight. 1 He said that Mr. Larson has spent many many hours in serving on the N.S.S.S.D. and he has en�oyed serving with h�m. He then read the inscription on the Certificate of Appreciation and sald thank you £or his time and effor't. Mr. Larson said that he appreclated this award and a.t is a unique type of awaxd. He said that it is vexy much apprecaated. Ae said that he had sexved with Councilman Harris as Vice Chairman, and he appxeciated the opportunity of working with him. Mayor Kirkham then called Mr. Frarak Hart, Richard Harris, Robert E. Kelshaw, George Zeglen, Alex Novitsky, Clifford Ash and Mike O'Bannon forward to receive their awards. He said thank you to them all for their work on the subcommittees. APPROVAL OF THE MTNUTES OF THE REGULAR COUNCIL MEETING OF JANUARY 4, 1971: MOTION by Councilman Liebl to adopt the Minutes of the Regular Council Meeting of January 4, 1971 as presented. Seconded by Councilman Breider. Upon a voice vote, all voting aye, Mayor Kirkham declaxed the motion carried unanimously. APPROVAL OF THE MINUTES OF THE PUBLIC HEARING ME�TING OF JANUARY 11. 1971- MOTION by Councilman Breider to adopt the Minutes of the Special Publa.c Hearing Meetiny of Sanuary 11, 1971 as presented. Seconded by Councilman Kelshaw. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carsied ' unanimously. , '1 ` `� , REGULAR COUNCIL MEETING OF S1?NUARY 18, 1971 ADOPTION OF AGENDA: Mayor �:irkham said that he would like to add tIie followzng: 3A. Discussion o£ East River Road Improvements. PAGE 2 MOTION by Councilman Breider to adopt the Agenda as amended. Seconded by Councilman Kelshaw. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously. VISITORS. Mr. M.M. Mahurin said that two weeks ago he appeared here to suggest beginning a plan to examine putting tax exempt property back on the tax rolls. He would suggest a group or committee to contact the Legislators as an investigative step. Ae said that he would like to repeat his desixe foz such a group. They would go before the Legislators and press the case. He said that he thought that the Legislature was going to adopt a hard nosed attitude toward ta�c exempt properties. Councilman xelshaw said that he had talked to the Assessor and he was in total agreement. He agreed that a committee could be set up to do this, although there would be no guarantees that it would do any good, but it was worth a chance. We would not be asking for something that is not ours. He said that he would be in touch with the City Assessor. Councilman Liebl suggested that this efPort be combined wrth other communities to be e££ective. The Legis- lators should be contacted. Councilman Kelshaw said that he had talked to Joe Connors and was in favor of keeping the lines of communication open. He agreed that this should be pursued so that the City would have personnel on hand when it is needed. Councilman Harris said that he agreed with this genexal philosophy, however, he felt that the City Administration and City Attorney should £ormulate some guidelines as this group would be acting in the City's behalf. They could set up the £ramework of the committee. MOTION by Councilman Kelshaw to authorize Mayor KYrkham to set up a committee to work with the City Assessor within the framawork laid out by the City Attorney and the City Administration. Seconded by Councilman Harris. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously Mr, Mahurin said that this group could contact members of other communities. Benson, NSP: Mr. Larry Benson, NSP, reported that they are negotiating with Burlington Northern now and the induction problems should be solved very shortly. He said that everything �.s going nicely. He then introduced Mr, Warren �ohnson, who will have the City of Fridley as his responsibility. PUBLIC HEARING ON STREET IMPROVEMENT PROJECT ST. 1970-3, ATJDENDUM '�1: Mayor Kirkham said that this was for sidewalks on the east side of University Avenue from 57� Avenue to 64th Avenue. � `J , � , f�� REGULAR COUNCIL MEETING OF JANUARY 18, 1971 PAGE 3 � The City Engineer said that this was to complete the incompleted stretch of sidewalks from 57th Avenue to Mississippi Street. At the intersections of 61st and 57th the City is trying to detach the service roads. The contractor is to start this construction season. He then showed on the overhead pro7ector where the sidewalks would go. He said that he hoped to do tha.s work in con- �unction wa.th the detachment of the roads. Mx. Ernest Powell, 6241 Sunxise Drive said that he had property on 63rd and University that is not developed. He did not feel sidewalks were necessary, and the traffic on that side of the street did not warrant the expense. The City Attorney said that he had an inquixy from a person in Rees Addition. They were not opposed necessarily, but wanted to know how much addrtional right of way would be taken and how this would affect the parkinq in the commercial area. The City Engineer sai,d that they plan to get the right of way from the Highway Department and they plan to take no right of way from this property. MOTION by Councilman Liebl to close the Public Hearing on Street Improvement Pro�ect St. 1970-3, Addendvm #1. Seconded by Councilman Kelshaw. Upon a voice vote, all voting aye, Mayor Rirkham declared the hearing closed at 8:28 P.M. PUBLIC HEARING ON STREET IMPROVEMENT PROJECT ST. 1971-1, ADDENDUM #1: � 79th Wa�: East River Road to East Property Line of Lot 4, Block 2, Pearson's lst Addition: Lincoln Street: 79th Wav to South 150 Feet: Mayor Kiskham read the location of the stxeets from the Public Aearing Dlotice and the City Engineer showed them on the overhead pro�ector. He said that 79th Way is a staged type of construction. There is curbing on the north side. The street still needs the £inal mat and curbinq on the south side. The pro- posal is to finish the street now as originally planned as there is a development going in south of 79th Way. Mr. Richard Fudali, Attorney for Five Sands, said that they are now in the process of constructing 120 units directly south oi 79th Way. These will be ready in the spring, and they plan to have the pro�ect done by next year. He said that the benefit of 79th Way from Lincoln Street on east is nil to Five Sands as when they applied for their building permit they were restricted from usinq 79th Way for access. If that street should disappear, it would not affect Five Sands. He said they just closed their second F.fl.A. mortgage last week. He had to explain to the E.H.A. why they could not use the road. He said that this is what they told the people, but he did not know that it would be legally binding through the restrictzons on the building permit. They would be willing to pay £or any frontage road they could use, and they would be willing to pay for the upgrading of 79th if they could use it. Their plans call for � an interior street to connect to Lincoln Stxeet for access. He said that emergency vehicles could not even get into their development from 79th Way, so he could see no benefit. There are to be no curb cuts along the south side of 79th Way ;, � {, �, S� REGUL[jP COUNCIL M�CTING OF JANUARY 18, 1971 PAGE 4 Councilman Liebl asked if this was not one of the conditions for getting a � building pexmit. Mr. Fudali said that this is not correct as far as he knew. When he came in to act as attorney, he reviewed all the Planning Commission and Council Minutes. After the action was started, on behalf of the residents on the north side of 79th Way, they said that they would not use 79th Way for access, but he did not know this would be one of the stipulations. They told the people that they would make every attempt to keep the traffic toward Lincoln Street. He felt that this was a private agreement with the residents. He did not know there was any discussion of 79th Way being a state aid street. That would take all the privacy out of the road. He said that it was rather dif£icult to explain to the F.H.A. why they could not use the public roadway. They did not enter into any legally binding agreement. They will try to keep the traffic toward Lincoln Street, but they would prefer to have the curb cuts. Mayor Kirkham said that if no benefit could be proven, then they would not be assessed. Councilman Kelshaw asked if they did not know that there was going to be anythinq done with 79th Way. Mr. Fudali said that they had no idea that 79th would be going through to University Avenue, The City Engineer saa.d that it was designated state aid in 1960. When the first stage was put in, they did not put in the curb cuts on the south side as the development was not known. There has been a petition received to do Lincoln Street. Mr, Fudali said that Lincoln Street is the only way to get into their property from the north, so it is a necessity that Lincoln Street is dona. He said that they would have no ob�ection to the assessments for 79th Way, if � they could use it. Councilman Kelshaw said that he had talked to the City Engineer and was im- pressed with his 10 year advanced planning program. 79th Avenue is in this plan, yet Mr. Fudali said that he was not aware of it. Mr. Fudali said that he had talked to these people living in the area, and now the City of Fridley has entered into something that was a civil action with these people. Councilman Breider asked if he was ob�ecting to the improvement, or the stipulations on the building permit. Mr. Fudali said that he objected to the improvement because of the restrictions on their building permit. If the Ca.ty should come to the conclusion the stipulation is unwaxranted, they would be happy to have the road. He sazd that he had no objection to their assessment on 79th Way west of Lincoln Street as they would be using that, only to the east of Lincolr� Street. He saici that they can build their development without 79th Way, but their pro�ect is not benefitted by the improvement. They would like to use 79th Way, but they are restricted, so they would ob7ect to the improvement, Councilman Liebl said that it was a question of legality whether they could be assessed or not. Mr. Warren Caldwell said that he was the owner of property ueu�tediately west of Lincoln Street. He asked if access would be permitted on 79�h Way as far as his property is concerned. The City Engineer said that the zoning ordinance � would restrict access up to a certain point. There would be one access because of the setback requirements. This would be a question answered when the builda.ng permit is asked for. ° I�F F" i I; � REGULAR CDUNCIL MEETING OF JANUARY 18, 1971 PAGE 5 , East Serva.ce Road of East River Road: Starting £rom 1,000 Feet South of South Leg of Interstate #694 Lnterchange N.E. to Railroad Right of Way, Great Northern Industrial Center Plat, Outlot A: The City Eng�.neer said that this xoad is to serve Plywood Minnesota. They did not install curbing on the south side because a.t was not developed Now there is a furniture warehouse going in and the proposal is to finish improving by installing cuxbing on the south sa.de. There seems to be some question in the minds of the Railroad if they want the improvement at this tune. Wickes would like to have this improvement. Howard Evans, Burlington Northern Railroad, said that they sent a letter to the Counca.l asking that the work be deferxed unta.l it a.s needed. Possibly the work could be done to fulfill the wishes of Wickes, but the rest they would like to de�er. MOTION by Councilman Liebl to close the Public Hearing on Street Improvement Pro�ect St_ 1971-1, Addendum #1. Seconded by Counca.lman Harxis. Upon a voice vote,all voting aye, Mayor Kirkham declared the hearing closed at 8c55 P.M. ORDINANCE #472 - AN ORDINANCE REGULATING THE OPERATION OF The City Attorney said that he had drafted a proposed Ordinance basically using the Hennepin County model Ordinance wi�h some changes. It has been adopted by a number o� communities. The first restricta.on is the use of municipal streets. Municipal streets may be used only to get to and from designated places for snowmobiles to run, and direct route must be taken. This is intended to prevent operation of snowmobiles tha� would continue circling the block or run up and down the block. The intent is to compromise between total prohibition and complete fxeedom of the use of the streets. The Hennepin County Ordinance provides options on hours and speed. Based on the suggestion of the Police Department and previous discussions, he suggested a 20 M P.H. speed limit and operating hours from 7:00 A.M. until 10.D0 P.M. in the evenings. Hennepin County suggests 7:00 A.M. to 11:OD P.M., but through discussions with the Council, it was changed from 11:00 P.M_ to 1�:�0 P.M. The Oxdinance covers provisions of the State Statutes. Councilman Liebl said that operation in ditches and in parks is permitted. The City Attoxney said that this is the State law. This Ordinance incorporates all the State Statutes into one Ordinance for easy reference. Counca.lman Liebl pointed out that the snowmobiles would not be permitted within 1Q0 feet of a sliding area oY� skating rink. A lady in the audience said that her children get chased of£ the creek when skating. She said people need protection from snowmobiles when walking in the parks. Councilman Kelshaw said that the speed limit is 10 M.P.H. when near frozen waters. The City Attoxney said that the Ordinance does prohibit snow- mobiles on public frozen watexs except those designated by the Counci7. as authorized use. The question 'this Ordinance raises is how are the violators to � be kept in check. He suggested the possibility of asking the local snowmobile clubs to form some type of snow patrol. They will have to be responsible and regulate themselves. The snow patrol may serve by taking down numbers and turna.ng them into the Police Department. � �-s- . � l? �, � - REGULAR COUNCIL MEETING OF JANUARY 18, 1971 PAGE 6 Councilman Liebl said that the maximum penalty provided is $300 or 90 days, , There should be something stipulated xn regard to wate.rways. There was a question raised last time this was discussed. The City Attorney said that the municipality does have authority on frozen waters within limits. The use must be approved by the Conservation Commissianer. After local approval is given, there should be an application made to the Conservation Department. The City wouacl. also have to have their concurrence for prohibition. A lady in the audience said that Minneapolis and Columbia Heights have banned them from the City streets. She said that she lives in the suburbs hoping for a nice quiet place to live, suddenly there are all these snowmobiles out in the street. Thep belong in the parks, not in the street where there are children walking. There are not sidewalks in the City, so the children have to walk in the street. The streets were made for cars which are licensed by the State. Mayor Kirkham said that the Council has tried to answer a11 the requests for regulation by developing a law that everyone can live with. People that do own snowmobiles are allowed to use the streets only to get to designated places to run. If this law is abused, it may ]�e that they will have to be banned, but he would prefer to try a compromise first. A lady in the audience said that she lives in Melody Manor and she is bothered by the adults that run back and forth in the stx�eet, Mayor Kirkham said that this Ordinance attempts to take all citizens of Friflley into consideration. They did not want to make the law too restrictive, but they still wanted to try to protect the children. With this Ordinance the children can be protected. � If rt does not work, they will be banned. A gentleman in the audience said that he has a snowmobile and he thought that the biggest problem is with the young people xunning them. He would like to see the parents made more responsible for them. The City Attorney said that the Ordinance does provide that no one under 14 years of age may operate them on streets or hiqhways or make a direct exossing. They are not pzohibited fxom operat�.ng in open areas. Between 14 and 18 they may operate on the streets or make a direct crossing if they have a valid snowmobile safety certificate from the State. The owner of a vehicle is responsible for f.he operation. The Sta�.e law states that municipalities cannot require a drivers license. Councilman Harris said that the City will have to rely on the people for compliance. Mrs. Jensen, a visitor to the Meeting, said that the signs in Locke Park are ignored. The signs are small and struck in the bushes. She felt bigger signs were needed. MOTION by Councilman Kelshaw to amend the Ordinance by adding Subdivision 6 to Section 4 regarding equipment. He suggested that there be required a 6' to 8' standard with a red flag, for visibility over the snowbanks. The City Attorney said that he would check with the State and add the correct wording. A lady in the audience asked if the creek is prohibited. Mayor Kirkharn said � pes, but a portion of Moore Zake is open for use. The lady said that they use the creek to get to a place to run to eliminate going in the street. I I J , L� �� �� � � �, � REGULAR COUNCIL MEETING OF JANUARY 18� 1971 PAGE 7 The Acting City Manager said that the City recently purchased some land in the north end of town 7ust south of S5th Avenue. There is approximately 100 acres there and there should be some publicity in the newspaper that this is an allowed place to run. A member of the audience asked if there is any pamphlet available on the Crty regulations. Mayor Kirkham said that when the Ordinance is passed, it could be made available at City Hall £or intexested citizens. The Acting City Manaqer said to the representatives of snowmobile clubs present that he would like to work with them for enforcement of this Ordinance. A member of the audience asked if it would be passzble to extend the time limit to 11:00 P.M. on Saturdays and Sundays. Mayor Kirkham said that originally the limit was 9:30 P.M. and it was Extended to 10:00 P.M The Council reached a general agreement on the 10:00 P.M. limit. The va.sitor asked why the time could not be set back later on weekends. Mayor Kirkham said that they felt that it was better to keep the Ordinance consistant. A member of the audience said that it would be hard to sleep with snowmobiles running around until 12:00 Midnight. Mayor Kirkham added that operating on Moore Lake is allowed, but it has homes around the shore that would be infringed upon. Councilman Liebl pointed out that the people that petitioned for banning of the snowmobiles must be considered also. THE MOTION was seconded by Councilman Liebl. Upon a voice vote, all voting aye, Mayor Kirkhazn declazed the motion carried unanimously. A member of the aud7�ence said that he was concerned about enforcement. What is going to make this enforceable. Mayor Kirkham said that the City must depend on the people to be responsible, If necessary, a person would have to be wa.11ing to swear out a complaint. Councilman Liebl said that he must have received 50 calls on the nuisance. People from other communities where snowmobiles are banned wa.11 be coming into Fridley. A visitor asked if they could be banned or limited in some way. The City Attorney sa1.d no. The visitor suggested the use of permits. The City Attorney said that they could not be banned from using the City streets. There could possibly be a permit to use designated areas. This would make it more difficult to enforce. Councilman Breider said that one of the main problems is enforcement. They would still have to be caught. No matter what the City does, it must depend greatly on the cooperation of the snowmobilers He said that the City oP Fridley zs unique in that it has a large amount of open space. They should be allowed to use their snowmobiles as long as the privilege is not abused. I£ it is abused, they will be banned. This Ordinance depends on the snowmobilers themselves. He hoped that the snowmobile organizations would work together. A member of the audience said that all small motors should be banned at 10:00 P.M. This would include snowblowers, lawn mowers, etc. MOTION by Councilman Harris to adopt Ordinance #472 on second reading, waive the reading and order publication. Seconded by Counca.7man Kelshaw. Upon a roll call vote, Breider, Kelshaw, Kirkham, Liebl and Harris voting aye, Mayor Kirkham declared the motion carried unanimously. � ���� REGULAR COUNCIL MEETING OF JANUARY 1S� 1971 PAGE 8 Mayor Kirkham suggested that all the snowmobile'enthusiasts present ad�ourn to ' the Community Room for a meeting. DISCUSSION ON IMPROVEMENT OF EAST RIVER ROAD: Mayor Kirkham said that he was not ready to make a final decision as yet. It should be understood by the people abutting this area that this is a County road and it is essentially a County project. The Council got the message at the Public Hearing Meeting, but they still are not sure o� the way to go concerning some of the alternates. The Council is obligated to make a recommendation to the County, but he did not feel that they were prepared at this time to make their recommendation. Councilman Breider said that during the course of last week he received a number of calls and is lead to believe there is still much misunderstanding. The people thought the Council would be voting tonight. The Council has heard the ob�ections and it is their right to take the matter under advisement to look at these objections and come back with further modifications. East River Road has a long record of accidents, s�.x in this stretch of highway. The statistics point to the impact of this area. The suggestion was made that Fridley Park should be rezoned, which could be looked at. His suggestion was that a period of time be set aside on February 8, 1971 for the City Engineer to come back with further modifications. He said that he could not vote either way at this time. He recommended to the Council that they give the City Engineer until the second Meeting in February to come up with a new plan. � Councilman Liebl said that he agreed with Councilman Breider that the Council should look at some alternates. He felt the three intersections with semaphores is a must. At this time he is opposed to widening Ea5t River Road because of the lack of right of way. A� said that 800 of the road abuts residential usage. The Police Department has been patrolla.ng East River Road more thoroughly lately. He suggested advising the ca.tizens that there would be an unmarked Police car patrolling East River Road. He felt this would make an impression on the violators. He said that he agreed with the letter from School District #14 that the Council received. Once a plan is adopted for the south section, the improvement has to go all the way up to the city limits. If you follow step by step, what is going to be done north of R.LCe Creek; it is not feasible to have condemnations north of RiCe Creek. He felt that it was a.mperative that the underpass on Mississippi be put in and the City get the lights. He pointed out that certain criteria must be met to get the Federal aid and he urqed cooperation wrth the Council. Mr. Richard Harris said that he has travelled East Ri.ver Road and the crux of the matter seems to be as soon as you hit Minneapolis, the traffic comes to a halt. Minneapolis has finally put up no parking signs on the street. They are not going to do anything to help. It is about time a traffic pattern is laid out to go into and out o£ Minneapolis. Somewhere along the line the Commissioners are going to be asked to consider East River Road all the way up to Coon Rapids Shopping Center. He felt that the Metropolitan Council should be put to work on the problem. Mayor Kirkham said that they are not try�_ng to � improve East River Road to make it a better artery, but rather ta improve safety. Since 1963 there have been 6 deaths on this stretch and this is the Council's immediate concern. � �I �'Y) ;i �. _1 REGULAR COUNCIL MEETING OF SANUARY 18, ]971 PAGE 9 , Mr. George Danielson said that since Mike O'Bannon has been County Commissioner, the plowing and sanding on East River Road has been improved 100a. This should eliminate the problem. Regarding the 6 deaths, he questioned how many had consumed alcohol. He said thank you to all the people for taking an interest in this situation. A member of the audience said that Anoka County pinched pennies when they put in East River Road, and again when it was up-graded. He hoped the Council would look at this plan very thoroughly. He pointed out that you cannot have the Police Department out on East River Road 24 hours a day A lady in the audience said that at the last meeting the matter of funding was brought up. She asked how it was to be. Mayor Kirkham said as far as the individual's property is concerned the abutting property owner will pay the regular amount for a residential street. Additional costs above that will come £rom elsewhere. The regular assessment procedure would be followed, and the property owner would pay according to front footage. He added that it is not known what this is going to cost, but he assured her that she would not pay any more than for a noxmal residential street. The lady then brought forward a petition and presented it to Mayor Kirkham. PETITION N0. 7-1971 - IN OPPOSITION TO IMPROVL'S1ENT OF EAST RIVER ROAD: MOTION by Councilman Harris to receive Petition #7-1971. Seconded by Councilman Liebl. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion � carried unanimously. Mayor Kirkham said that there would be no final decision tonight. He wanted to make sure all the alternates were considered. He said that he valued all the comments that have been made and they will be taken into consideration. He agreed with Councilman Breider's suggestion to have it back on the Agenda February 8, 1971, Councilman Kelshaw said that there has been a tremendous study of this area. He said that he understood that the City cannot lower the speed limit on East River Road. Mr. Mike 0�'Bannon, County Comma.ssioner said that is correct. It is lowered by the State upon the recommendata.on of the County. Councilman Kelshaw said that he has talked to a number of people and his feeling is that he would like to see the aesthetic value o£ East River Road be maintained. Tt is true there is some industry north of I. 694, but it is primarily a residential street. He asked that Mr. D'Bannon take back to the County the request to get the State to authorize lowering the speed limit and put up the semaphores. He urged preserving the aesthetics of East River Road and the discouraging o£ using East River Road as a thoroughfare. He said that he would go along with the people and the area should be maintained. Mr. Mike O'Bannon said that he also has been called many times. He said that he was qoing to introduce a resolution the next day to lower the speed limit on East River Road. This in turn has to be supplied to the State. He said that he believed that they could get the speed limrt lowered to 35 M.P.H. He � said that he was also in favor of the semaphores for East River Road. As far as the improvement of East River Road is concerned, there are Federal funds committed for tha.s. He agreed that the underpass on Mississippi Street is long overdue, and he hoped that it would be constructed by 1972. He said that he agreed wa.th the people east of East River Road when you cut off their access, then ask them to put in Ashton, it is wrong. He said that tomorrow, he a.s going to ask for a study to be made from Rice Creek to Coon Rapids. _� , � ._ � , , REGULAR COUNCIL MEETING OF SANUARY 18,1971 PAGE 10 Councilman Breider said that Councilman Liebl and Commissioner O'Bannon have spoken on lowering the speed limit. He wondexed if this would not give people a false feeling of security. He said that he has travelled up East River Road , and passed a squad car and all the cars were going at 40 M.P.H., but by the time they get to the light at Missa.ssippi, they would be going at 55 M.P.H. He said that he could not ask a Patrolman to step out of his squad car on East River Road to give a ticket wa.thout the shoulders. Mr. O'Bannon said that he would not get out of his car with the cars going 60 M.P.H. either. He will ask that the speed limit be lowered. Mayor Kirkham said that he could not think that would put an end to the problem. A member of the audience asked why the signal at Robert Louis Stevenson School is not working all the tune. If it was fully activated, it would slow down traffic. The City Engineer said that the signal at present does not have equipment for a fully acta.vatecl signal and trips only when a car comes from the school. The proposed signal would be fully activated. The visitor said that the new signal would solve about 80% of the traffic problems. A memher of the audience urged the Council to consider Councilman Kelshaw's statement. He too is concerned about the aesthetic quality o£ East River Road. This would be a unique opportunity to attempt to improve the beauty of the road_ Widening the road would encourage use of the road. The City of Fridley is already cut up by major highways. There are schools and parks along East River Road. He felt that widening the road would be inducing traffic to use it. Mayor Kirkham said that the street would be widened from curb to curb, yes, but there would be no increase in the number of driving lanes. Widening the road would allow for shoulders to allow the Police Department to � pull violators off the road safely. It would not increase the flow of traffic, �ust increase the safety. The visitor said that this would suggest to the drivers that by the appearance, it is a thoroughfare. The City Engineer said that there would be no formal notice sent out of the Meeting February Sth, and asked that the people present tonight inform their neighbors. A member o� the audience said that he understood that this is a County project. He wondered how much influence the City had with the County. Mayor Kirkham said that it was a cooperative effort to try to improve safety. Mr. George Danielson said that the people could resort to their Legislators and Senators, and that the people could wrrte to them requesting that this money not be spent. This project can be stopped. RECESS.: Mayor Kirkham declared a recess at 10:15 P M. COMPLAINT OF MR. AND MRS. DENNIS SCHROEDER RELATIVE TO PLAYING HOCKEY IN SUMMIT MANOR PARK: The Acting City Manager said that a temporary fence has been put up. Mr. Dennis Schroeder asked what was the permanent solution. He would like to see no hockey , playing there whatsoever. Mayor Kirkham said that it was allowed in response to the wishes of the people in the area that would like their children to be allowed to play hockey at certain tunes. This would allow a time for the smaller children to skate also. Mr. Schroeder pointed out that none of the people living next to the park signed the petition. He said that the people had no consideration. �d =� %rVF d'e REGULAR COUNCIL MEETING OF JANUARY 18, 1971 PAGE 11 I Councilman Liebl said that a higher fence was asked for to protect the homes by the park. This has been done. He was told by the Parks and Recreation Director that the people have said that they would provide supervision since there is no attendant and no warmirig house. He said that the Parks Director is trying to get some land on the west side oP Main Street to make a hockey rink. Mr. Schroeder said that the older children are using the fence as a backstop to see if they aan get their pucks over the fence. If one goes over, there will be a law suit. The older children at any time can be seen playing hockey and there has been no supervision. The Acting City Manager said that they have asked Burlington Northern for permission to flood a portion of their property for a hockey rink. He said that he has also written a letter ta them in regard to a long term lease on their property so that it can be used for hockey, softball, baseball and foo�tball. Burlington Northern has asked that the City supply maps and a legal description which he did today. It is hoped that this can be used for the balance of the 1971 season, then the hockey playing would be moved from Summit Square to the new area. Mrs. 5chroeder said that they have had extensive damage to their home. A puck went through their window ]ust after their small child was standzng at that window. When you have to live in fear in your own home, no fence that could be � put up is high enough. There are still children playa.ng in the back yard. On the weekends there is hockey playing all day long. The smaller children have a right to the skating rink too, but they are in danger. It was pointed out that the hockey play�ng was only to be between 8:00 P.M and 9:30 P.M Mayor Kirkham said that the people have been given a chance to play hockey at specified times and they have abused their privilege. Mrs. Schro�der said that the teen agers should not be allowed to chase off the ]ittlex children. The rink 7ust is not large enough. She said that she volunteered to take the children to a hockey rink to play. Mayor Kirkham said that it was his feeling that these children have to suffer the consequences of their abusing their privilege and hockey playing should be banned. Mrs. Schroeder asked what recourse they had if the hockey playing continues. Mayor Kirkham said that this is a problem on all the parks. The City Attorney said that a complaint would have to be made out and filed with Anoka County. It would be difficult to enforce. Councilman Harris said that he is a member of the Hockey Association and they encourage the children to qo skating at other times than regular play for practice, but they are encouraged to use only the rinks that have adequate facilities. He said that they try to keep them off the rinks where there is no supervision. Hockey should be permitted only where there is adequate facilities. The City is trying to provide something in this general area. Hockey is not compatible with regular skating. � Mrs. Schxoeder said that these people signing the petition have told the City they would police it, but there has not been one person down there to request that the rules be followed. , � J ���_ (� i REGULAR COUNCIL NIEETING OF JANUARY 18, 1971 PAGE 12 MOTION by Councilman Harris to rescind previous Council action and not allow hockey playing on the Summit Square rink, to instruct the Administration to notify the signers of the petition that hockey playing is no longer allowed, and continue negotiations with Burlington Northern for the use of their property for park purposes. Seconded by Councilman Kelshaw. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously. RECEIVING BIDS AND AWARDING CONTRACT - SHELTER BUSLDING AND WARMING HOUSE: (Bids opened January 18, 1971 at 11:30 A.M.) Planholder Cliff Anderson Box 37 Excelsior, Minn. 55331 Boda Construction 11260 Buchannan Rd. NE Minneapolis, Minn 55433 Elview Canstruction 7601 73rd Avenue N. Minneapolis, Minn. 55428 Erection & Maintenance 11900 Wayzate Boulevard Minneapolis, Minn. 55426 Gladstone Improvement Co. 1315 Frost Avenue St . Paul, Minn. 55109 D.W. Harstad Company 7101 Highway 65 Fridley, Minn. 55432 Keyway Builders, Inc. 11410 South Oak Vale Rd Minneapolis, Minn. 55343 James Leck Company 322 West 61st Street Minneapolis, Minn. 55419 Norm Ganz Fencing 57D9 Wilshire Soulevard Crystal, Minn. 55429 Base Bid $10,306.00 $7,920.00 $8,747.00 $8,974.00 $10,853.00 $10,950.00 $9,949.00 $10,500.00 $8,878.80 Orvedahl Construction 7711 Country Club Drive Golden Valley, Minn. 55427 $11,900.00 Alternate +$25, for 125,000 B.T.U.FUrnace -$25.00 - Permit � Completion Date As specified 30 Days As specified May l, 1971 � As specified As specified As specified May 15, 1971 As specified 120 days � � � � REGULAR COUNCIL MEETING OF JANUARY 1S, 1971 BiDS CONTINUED_ Planholder Base Bid Alternate S.G. Pearson Company a Leonard Samuelson 801 2nd Avenue North Minneapolis, Minn. 55401 $9,979.00 Random, Inc. 700 77th Street Circle Pines, Minn. R'Lee Construction Co. 3307 North Hwy. 100 Minneapolis, Minn. 55422 Roger Sheehy Company 4150 Central Ave- N.E. Ma.nneapolis, Minn. 55421 UNSCO, Inc. 4952 West Sxoadway Minneapolis, Minn. 55429 $10,980.00 $11,195.00 $11,400.00 $13,666.00 Wade Construction 2850 Pilot Knob Road St. Paul, Minn. 557.18 $14,395.00 +$80.00 PAGE 13 Completion Date As specified As speoified As specified As specified 120 ]]ays As specifa.ed -� ;, � r� The Acting City Manages saa.d that this would be located in the Cott¢nons Pask area on school property near 61st Avenue. Councilman Harris asked if the City has received permission to construct a permanent structure. The Acting City Manager said that the Parks Director has taken care of this. The building is constructed so that it can be moved at some future time if it is necessary. Councilman Harris asked if all the necessary facilities are in the building and the Acting City Manager said yes. MOTION by Councilman Harris to award the bid for a shelter building and warming house to Boda Construction Company in the amount of $7,920.00_ Seconded by Councilman Liebl. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously. OF APPOINTMENT OF MAYOR PRO TEM AND MEMBERS TO THE HUMAN RELATIONS COMMITTEE: Mayor Kirkham said that traditionally the Mayor Pro tem has been the Cauncilman at Large as he is the only other Council Member elected by the whole City. MOTION by Councilman Kelshaw to appoint Councilman at Large David O. Harris as Mayor Pro tem. Seconded by Councilman Brea.der. IIpon a vozce vote, Harris, Breidez, Kelshaw and Kiskham voting aye, Liebl voting nay, Mayox Kixkham declared the motion carried. Y � � � � �_" 1�3 REGULAR COUNCIL MEETING OF JANUARY ].8, H71 PAGE 14 Mayor Ka.rkham said that he would like to make the following appointments to the I-Iuman Relations Committee. Ward One Replaced Member Mrs. Jordis Mittelstadt 6940 Hickory Drive N.E. Andrew Kohlan 236 Rice Creek Soulevard Ward Two Stephen A. Kachina 6476 Dellwood Drive Ward Three John R. Ivers 6271 Trinity Drive At Large Rev. Mark Denyes 7460 Van Buren N.E. Robert L. Buckley 54 Locke Lake Road New Member Mrs. Nick Koropchak (Barbara) 7144 Riverview Terrace Mr. Gene Parsons 380 Rice Creek Terrace Mr. Paul Shaw 6380 Madison Street N.E. Mr. John ivers 6271 Trinity Drive Rev. Douglas M. Henderson 6175 Central Avenue N.E. Mrs. Gilbert Stenberg (Eileen) 6060 Woody Lane Mayor Kirkham said that the appointments to Human Relations Committee are made by the Mayor with the consent of 4/5 of the Council. MOTION by Councilman Harris to approve the appointments. Seconded by Councilman Kelshaw. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously. RESOLUTION #9-1971 - RESOLUTION APPOINTIN6, REAPPOINTING� AND CONFIRMING MEMBERS TO COMMISSIONS. BOARDS. AND SIIBCOMMITTEES FOR THE YEAR 1971: The Council pointed out that they would like to have the appointment of Tim Breider to the Joint Law �nforcement Council added to the Resolution with Councilman Kelshaw the alternate. MOTION by Councilman Harris to adopt Resolution #9-1971. Seconded by Councilman Kelshaw. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried. Councilman Liebl said that he wished the record to show on the vote for the Resolution that he would vote nay for that portion appointing Councilman Harris Mayor Pro tem. CONSIDERA.TION OF DEVELOPMENT OF INDUSTRSAL PLANT WEST OF MINNEAPOLIS HOUSE FURNISHINGS STORE ON MISSISSIPPI STREET, REOUEST BY RAO CORPORATION� The City Engineer said that this proposed development is along Mississippi Street between Minneapolis House Furnishings and the railroad txacks. There is 1 � � � �i, � REGULAR COUNCIL MEETING OF SANUAF2Y 18, 1971 PAGE 15 � close to five acres of property. Al1 the property up to Main Street is zoned industra.al and east is commercial. On Page 20 of the Agenda there is the proposed layout of the building. The plant is engaged primarily in the manu- facture of custom sheet metal shapes, stampings and stamping assemhlies. Their interest in coming be£ore the Council is, they want to know that this type of industry is satisfactory in this type of zoning. There may be future expansion onto the commercial property and in that case they would have to rezone and they would like to know that this would be looked f_avorably upon. There is a state aid road designation that would connect onto Main Street that could not be put in if the plant is allowed. Their representatives, Mr. Robert Olson, Jr. and Sr. are present ton�,ght. Mayor Kirkham said that this would be an excellent opportunity to close the access to Mississippi Street. The advantage would be to keep traffic out of the residential area. This would help to keep the residential area to the south residenta.al only. The City Engineer said that he has reviewed their plan and they want to be sure they would be welcome in Fridley and if they move into the City, they would not have any future problems. Their business makes no noise or smoke and there would not be a heavy amount of traffic generated. The truck traffic would be very minimal, Councilman Breider asked if they do any plating. Mr. Robert Olson Sr. said no. , The painting and plating is done by other contractors. Councilman Kelshaw asked what size the trucks would be. Mr. Olson Sr, said normal trucks would be hauling materials in and out. There would be 4 to 6 trucks a day. Occasionally there would be a flat bed coming in, but that would not average one a week. The trucks would be smaller trucks and most of their traffic would be to Onans. He said that the satisfaction of Onans with Fridley is one of the reasons for their proposed relocation in Fridley. He said that they would not be coming in here if they did not think they would make good neighbors. They want to maintain the wooded area and they intend to keep the truck traffic toward the railroad right oP way. They did not intend their plant to be an eyesore. Councilman Liebl asked if the street would not have to have a Public Hearing for the vacation. The City Engineer said that the street right of way was never acquired, so it would �ust be a matter of taking off the state aid designation. Councilman Harris said welcome to the community and that it sounded like they would be a good neighbor and an asset to the community. The City Engineer said that if they expand in the future to double their building from their proposal on Page 20 of the Agenda, 100' of the building would be on commercial zoning and would necessitate rezoning. Councilman Sreider wondered if this Council could commit themselves until the rezoning was completed. Councilman Haxris said that they hoped to grow to utilize the property. He was sure that they understand that the Counca.l would be bound to go through the legal procedure of the Public Hearing for the rezoning. Mr. Robert Olson Sr. said that after the rezoning, there would still be about 150' of commercial area left open He , added that they are still about two years away from construction. Councilman Breider pointed out that the Council may be changed by the time they want their rezoning. Councilman Harris said that all they need at this ta.me is concept approval. ja_ i� (J REGULAR COUNCIL MEETING OF JANUARY 18, 1971 PAGE 16 MOTION by Councilman Harris to approve the concept of RAO as outlined in � the letter rece�.ved .7anuary 18, 1971 for the proposed plan for building in the area designated as Lowell's Addita.on. Acceptance for concurrence of the concept approval does not remove the responsibility of the Council to have the Public Hearing for the rezoning if the addita.onal land area is needed. The petition would have to meet the rezoning requirements. Seconded by Councilman Lieb1. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously. REQUEST FOR EXTENSION OF TIME TO COMPLETE ITEM9 SPELLED OUT IN THE AGREEMENT EOR REZONING ALONG 69TH AVENUE (ZOA #69-OSA): The City �ngineer said that the first reading of the Ordinance has been held and if the gentleman would give a 60' strip of land and acquire Out.Iot 1 and donate it to the City, the second reading would be held. He has been unable to acquire the property. The gentleman who owns the property to the west is present in the audience. The City has been working to develop park land east of Central. The City does own parcels to the west. I3e recommended that the first reading be gone through again. P'Ir. Floyd Foslien, 3345 Universzty Avenue N.E., said that he was at the Planning Commission Meeting some time ago and this is new to him. He got a call last week asking about the property. He said that he understood that the rezoning was contingent upon Mr. Edward Pexry obtaining his land. He said that he does own land ad7acent to his. He believed that it was Outlot #1 that the � City was interested in obtaining. There are two lots neax there that are high enouqh to support housing. He said that he mention to Mr. Perry that maylae something could be worked out if his interest was rezoning the land ad�acent to his. If there is interest, he would get a.n touch with him. The City Engineer showed the whole area an the overhead pro7ector and ex- plained that the area shown in green is the area the City is interested in £or park land. Councilman Harris said that this land is unbuildable for homes, and that it is beautiful land. Mr. Foslien said that Lots 10 and 11 could be used for building homes. The City Engineer said that if Mr. Foslien is willing to proceed and give the necessary land, he should make an application for rezoning and the Ci'ty would work wzth him to get control of Outlot l. He said that his recommendation is to deny the time extension request and go thxough the first reading of the Ordinance again. Councilman Harris asked how big the parcel of land was that NLr. Foslien had. Mr. Foslien raplied that it is about 200' wide. The Acting City Manager asked how long after the Public Hearing could the Pirst reading be held. Can the first reading be held again wrthout another Public Hearing� The City Attorney said that he would think that it would require another Public Hearing. The Council has been us�xng the policy of 6 months between the first and second reading. He asked when the first reading was. Councilman Liebl said that �.t was a.n October, 1969. He added that he thought that he felt that the City Engineer's recommendation was correct and that both , of the propertzes should be done together. Mr. Foslien sazd that he was not sure whether he would of£er it for sale to P1r. Perry or whether he would build on it himself. He said that his work is �' €'°��� REGULAR COUNCIL MEETING OF JANUARY 18, 1971 PAGE 17 � apartment building and that he has built a 109 una.t apartment complex that was F H.A. approved. Counci].man Harris commented that the building would have to be a long narrow structure. Mr. Foslien said that the construction would prob- ably have the parking up near 69th to utilize the creek aesthetically. Mayor Kirkham asked Mr. Foslien if he intended to petition for rezoninq. Mr. Foslien said that he may. Councilman Harris told him that if he makes a petition for rezoning, the Council would be glad to hear it. MOTION by Councilman Harris to deny the request for extension of time for Rezoning ZOA #69-08A. Seconded by Councilman Breider. Upon a voice vote, all voting aye, Mayor Ka.rkham declared the motion carried unanimously. C�NSIDERATIDN OF FLOOD INSURANCE INFORMATION: Councilman Liebl said that he thought they should inform the people before the City should designate the area as a flood plain. This would be a help to these people but it would also restrict the area. Councilman Harris asked what restrictions there would be on the area. The City Engineer said that the area would have to be designated a flood plaa.n, and if so, there would be restrictions on building. Mo5t of the homes in Riverview Heights are protected somewhat by the elevated roadway, but there are about eight homes south of 79th which may benefit. MOTION by Councilman Harris to receive the infoxmation supplied by the City , Engineer and the Planning Assistant. Seconded by Councilman Kelshaw. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously. DISCUSSIDN REGARDING 77TH AN➢ 79TH AVENUE RAZLROAD CROSSING AND OTHER RELATED ITEMS. Councilman Breider said that he had asked that this be put on the Agenda in respbnse to a petition regarding the crossings. The City Engineer said that recently there was a sera.ous accident at the 77th Avenue crossing causing three deaths. Councilman Harris said that he understood that the car ran into the train. The City Engineer said that the crossing a.s marked with a stop sign. The accident happened at night so there were train lights and the traa.n whistles for the crossing, but still the car ran into the train. The general feeling was that the windows o£ the car were fogged. There are no other re- corded accidents at this crossing. The Council action would be to hold a Public Hearing to see if this crossing should be closed. If eliminated, the application would have to go to the Public Service Commission. Councilman Breider asked when the Public Hearing could be held. The City Engineer said that he would be ready in March. Councilman Harris said that they would have to take into consideration the existing land use. He asked if there was a railroad crossing near Liberty Street and the City Engineer said yes, there is no warning sign. Councilman Harxis said that the parcel to the east would then have no access and it would be an isolated 40 acres. The City Engineer said that the plans are to relocate the crossings at 79th Avenue and 83rd Avenue. There is an Ashton connection. Mr. Richard Harris said that taking out the 77th , Avenue crossing would isolate a few people. There are a few homes in there. He �elt that if the 77th Avenue crossinq is eluninated, there would have to be something done about connecting 79th Avenue with University. The 79th Avenue crossing would open the area up. -� i '_ � �� 1 REGULAR COUNCIL MEETING OF JAN[JARY 18, 1971 PAGE 18 Councilman Breider agreed that this would aerate the area, however, he would not � care to aerate that area onto East River Road. He did not want to see more truck traffic generated for East River Road. He saa.d that he would like to see the traffic go to Universrty Avenue at 83rd Avenue. Councilman Harris said that he assumed that people living in this area would orientate themselves toward East Ra.ver Road. Counca.lman Breider said that nobody would try to cross over from East River Road to University Avenue once the area gets developed with industry. Mr. Richard Harris said that Onaway Addition does not lend itself to large corporation use because it is an old plat and it is cut up into small parcels. Councilman Breider said that if it is opened up to industrial use there would be a steady stream of traffic trying to get out at 79th Avenue. He suggested that it would behoove the Council to obtain Bloomington and Edina's traffic study patterns. They have �ust done some work in this area. MOTION by Councilman Breider to hold the Public Hearing for the closing of the 77th Avenue crossing at the Public Hearing Meeting in March. 5econded by Councilman Liebl. Councilman Harris said that he would hate to set the Public Hearing date, then not have the information available. He would rather get the information first. Councilman Breider asked if the City Engineer could have the information from Bloomington and Edina by the first Meeting in February. The City Engineer said that he would try to get the informata.on by then. A member of the audience said that with a crossing at Osborne Road, 79th Avenue � and 83rd Avenue there should not be any congestion. He said that he has done traffic studies. MOTION WITHDRAWN by Councilman Breider with the agreement of Councilman Liebl. MOTION by Councilman Breider to direct the City Engineer to supply the Council with information at the next Regular Council Meeting. Seconded by Councilman Harris. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously. DISCUSSION REGARDING THE EXISTING CODE REQUIRING GARAGES WITH SINGLE FAMILY DWELLING AND OTHER APPURTENANT INFORMATION: Councilman Harris said that he wished to be brought up to date in regard to the requirement for garages. There have been instances where the home is placed in the center of the lot, then the people must come back for a variance when they want to build a garage. The City Engineer said that there are certain lots not suited for attached garages. Last year there were 41 permits issued for single family homes and there was only one that did not have an attached garage. This was for a substandard lot in Riverview Heights, and there was no possible way there could be an attached garage built. The forty permits were with attached garages. Councilman Harris questioned why there was not the same terminology in Section ' 2, A& B. The City Engineer said that it was felt that if there was a lot split granted, there should be additional restrictions. Councilman Harris said that he would encourage the building of attached garages. The City Engineer said that with all new homes, they are encouraged to build the attached garage and there has been no problem. The Acting City Manager wondered if they should not � � , �� s � _ r e REGULAR COUNCIL MEETING OF �7ANUARY 18, 1971 PAGE 19 be double garages. In many instances with an older home with a single attached garage, the home owner is forced to rebuild to gain a double garage. The City Engineer pointed out that before passage of the Zoning Ordinance, there was no requirement for an attached garage so this is a big 7ump for the Crty. Mayor Kirkham commented that there is no way of adding onto his garage to make it a double, and he wished that it had been a requirement when his house was built. MOTION by Councilman Harris to receive the information from the City Engineer and instruc� that it be put back on the Agenda at the next Regular Meeting. Seconded by Councilman Liebl. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carxied unanimously. CON51DERATION OF VACATION OF CERTAIN RIGHT OF WAY ALONG T.H. #47 EAST SERVIC� ROAD TO FACILITATE ACQUISITION OF RIGHT OF WAY FOR SERVIC� RDAD LOOPBACKS AT 615T AVENUE AND 57TA AVENUE. INTERSECTIODi WITH T.H. #47 AND SETTING THE PUBLIC HEARING DATE: MOTION by Councilman Liebl to set the Public Hearing for the vacation of propexty fox the loopbacks for February 8, 1971. Seconded by Councilman Kelshaw, Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously. CON5IDERATION OF ACOUISITION OF ACCESS EASEMENT TO 1152 NORTON AVENUE: The City Engineer explained that thexe are two homes using a common driveway. The necessity for an access easement comes about because of a neighborhood fued. Mr. Louis Gray is aska.ng $150 for the easement MOTION by Councilman Liebl to authorize acquisition of the easement fY'om Mr. Louis Gray for $150.00. Seconded by Councilman Kelshaw. Upon a voice vote, all voting aye, Mayor Kirkham declared the mot�on carried unanimously. RESOLUTION #10-1971 - A RESOLUTION ORDERING PRELIMINARY PLAN5, SPECIFICATIONS AND ESTIMATES OF THE COSTS THEREOF: REPAIR, RESWENATION AND IMPROVEMENT OF LOCKE LAKE DAM: The City Engineer said that he has already made a report to the Council in reqard to the improvement of Locke Lake Dam. It will take $5200 for the immediate necessary repairs; another $15,000 for re7uvenation and $52,000 for totally rebuilding the dam. He questioned how the Council would handle the funding. Should rt be assessed, and if so, how much� The City Attorney said that the people on the lake would be benefitting from the re�uvenation of the dam and should be assessed. Councilman Liebl said that he did not feel that the reconstruction should come out of general funds except for the $5200 for the repair work, as that is necessary maintenance. Mayor Kirkham said that the whole City does benefit from the lake, but the lions share o£ the benefrt is with the people living on the lake The City Engineer said that the $5200 is immediately necessary as preventive maintenance. Whether to put in the improvement at $15,000 or $52,000 would be the people's choiae, but he would have to recommend the $15,000 �ob as the other is very expensive. i, i . �o a.� REGULAR COUNCIL MEETING OF JANUARY 18, 1971 PAGE 20 Councilman Harris said that thzs dam has been there for many years. The , people pay an additional amount in taxes for having lakeshore property and they would not like to lose it. Councilman Breider felt that the $15,000 or $52,000 would have to be assessed, but the $5200 would be considered maintenance and paid by City funds. He added that it could be considered the same as a street. The maintenance funds come from the City, but the improvement is assessed. Mayor Kirkham asked Yf there is $5200 available. The Acting City Manager said that there is no specific money provided, but there is the emergency fund. He added that if the dam is completely redone, it would be handled like any other .rmprovement pro�ect. MOTION by Councilman Harris to adopt Resolution #10-1971 and further authorize $5200 for the repair to be borne by general City maintenance funds. The City will hold the Pul�lic Hearing and make it known to the people that the maintenance will not be yearly, but only once, and the further re�uvenation will be assessed. The motion was seconded and upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously. The City Engineer pointed out that the future problems will be increasing because of the increased flow of water as the area upstream develops. RESOLUTION #11-1971 - A RESOLUTION RECEIVING THE PRELIMINARY REPORT AND CIILLING A PUBLIC HEARING ON THE MATTER OF THE CONSTRUCTION OF CERTAIN INIPROVEMENTS: REPAIR, REJWENATION AND IMPROVEMENT OF LOCKE LAKE DAM: MOTION by Councilman Harris to adopt Resolution #11-1971. The motion was � seconded and upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously. �l - A RESOLUTION QRDERING PRELIMSNARY PLANS, SPECIFIC�TIONS AND 3: MOTION by Councilman Harris to adopt Resolution #12-1971. Seconded by Councilman Breider. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously. R�SOLUTION #13-1971 - A RESOLUTION RECESVING THE PRELIMINARY REPORT AND CALLING A PUBLIC HEARING ON THE MATTER OF THE CONSTRUCTION OF CERTAIN IMPROVEMENTS: STREET IMPROVEMENT PROJECT ST. 1970-4, ADDENDUM #3: MOTION by Councilman Liebl to adopt Resolution #13-1971. Seconded by Councilman Harris. Upon a voa.ce vote, all voting aye, Mayor Rirkham declared the motion carried unanimously. RESOLUTION #14-1971 - A RESOLUTION AUTHORI.ZING AND DIRECTING THE SPLITTING OF SPECIAL ASSESSMENTS ON LOT 7, SLOCK 1� ERCO'S 1ST ADDITION: MOTION by Councilman Harris to adopt Resolution #14-1971. Seconded by Council- man Kelshaw. Upon a voice vote, all votzng aye, Mayor Kirkham declared the ' motion carried unanimously. � ' � REGULAR COUNCIL MEETING OF JANUARY 18, 1971 F; q ?� - T � PAGE 21 RESOLUTION #15-1971 - A RESOLUTION AUTHORIZING AND DIRECTING THE SPLITTING AND COMBINING OF SPECIAL ASSE55MENTS ON LOTS 6 THROUGH 10� BLOCK 8� SPRING BROOK PARK ADDITION: MOTION by Councilman Harris to adopt Resolution #15-1971. Seconded by Councilman Kelshaw. Upon a voice vote, all voting aye, Mayor Kirkham de- clared the motion carried unanimously. CONFIRMATION OF ELECTED AND APPOINTED OFFICERS TO THE VOLUNTEER FIRE DEPARTMENT Assistant Chiefs Arthur Olson LeRoy Blomster 5ecretary Vern Barnes Chief of Fire Prevention Bureau Robert D Aldrich Captains Lawrence Peka Merle Longerbone Tom Kelly Trustee - 3 Year Term Charles McKusick Assistant Chief of the Fire Preventa,on Bureau Edward Ellis MOTION by Councilman Liebl to confirm the elected and appointed officers of the Fire Department. Seconded by Councilman Kelshaw. Upon a voa.ce vote, al� votiny aye, Mayor Kirkham declared the motion carried unanimously. CLAIMS: MOTION by Councilman Harra.s to approve payment of General Claims #24107 through #24219 and Liquor Claims #5164 through #5234. Seconded by Councilman Kelshaw. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimausly. LICENSES: Multiple Dwellinq Name LeROy W. Drew 265 Griggs-Midway Bldg. St. Paul, Minn. Service Station Michaelson Shell Service 7610 University Avenue Fridley, Minnesota Address 1441 73rd Avenu2 N.E. By: Leslie Michaelson Units Fee 18 $18.00 Approved By Building Inspector Fire Inspector �'� ' _� �� � REGULAR COUNCIL MEETING OF SANUARY 18, 1971 LICENSES CONTINUED: General Contractor Naugle-Leck, Inc. 714 Baker Building Minneapolis, Minnesota White Oak Builders, Inc. 5114 Long Lake Road New Brighton, Minnesota By: Mark J. Dougall By: Thomas Swanson Boda Construction Company 11260 Buchannan Road N.E. Blaine, Minnesota By Thomas Boda PA GE 22 Approved By Building Inspector Building Inspector Building Inspector MOTION by Councilman Harris to approve the licenses as presented. Seconded by Councilman Kelshaw, Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously. ESTIMATES: Samuel D. Finkelstein 1217 Foshay Tower Minneapolis, Minnesota 55402 Costs in respect to Parcel 3000 being deleted from condemnation. Fridley Condemnation #31257, North Park $ 500.00 Minn-KOta Excavation Co. Osseo M1.nnesota PARTIAL Estimate #6 for Street Improvement Project St. 1970-1 Berglund-Johnson, Inc. Excelsior Minnesota 55331 PARTIAL Estimate #7 far Water Improvement Pro�ect No. 95, Schedule B Minn-Kota Excavation Co. Osseo Minnesota PARTIAL Estimate #5 for Street Improvement Project St. 197D-2 $ 8,280.01 $18,647.00 $ 927.95 � � , � , REGULAR COUNCIL MEETING OF JANUARY 18� 1971 Comstock and Davis, Inc. Consulting Engineers 1446 County Road "J" Minneapolis, Minnesota 55432 Fos the fuxnishing of resident inspection and resident supervision fox the staking out of the following construction work: PARTIAL Estimate #15 for Water Improvement Pro�ect No. 94 from November 2 through December 31, 1970 PARTIAL Estimate #2 for Sanitary SeWer and Storm SeWer Improvement Pro7ect No. 100 Erom November 30 through December 31, 1970 PARTIAL Estunate #8 for Water ImproVement Project No. 95, Schedule B£rom Novembex 30 through December 31, 1970 �,�C" J,_�T+,� PAGE 23 $ 92.47 $ 426.40 $1,833.13 MOTION by Councilman Liebl to approve payment of the estimates as presented. Seconded by Councilman Breider. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously COMMUNICATIONS: A. NORTHERN STATES POWER: INSTALLATION OF STREET MOTION by Councilman Breider to receive the communication from Northern States Power dated January 11, 1971. Seconded by Councilman Liebl. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously. GEORGE BALTHAZOR, DOUBLE BUNGALDW, 1374 HIGHWAY #100: Councilman Kelshaw reported that he had received a call questioning the status of this property. He believed that there were still three families residing there. The Council directed that this be researched and brought back at the next Regular Council Meeting. ADJOURNMENT: There being no further business, Mayor Kirkham declared the Regular Council Meeting of January 18, 1971 ad�ouxned at 12•50 A.M. �Res ectfully submitted, �--C!f �/�'/L!�''./ , �JUel Mercer Secretary to the City Council Jack O. Kirkham Mayor