04/19/1971 - 00018185��
THE MINUTES OF THE REGULAR COUNCIL MEETING OF APRIL 19, 1971
PLEDGE OF ALZEGIANCE:
Mayor Kirkham lead the Council and the audience in saying the Pledge of Allegiance
to the Flag.
INVOCATION:
Reverend Bergren, Redeemer Lutheran Church, offered the Invocation.
Mayor Kirkham called the Regular Council Meeting of April 19, 1971 to order at
7:50 P.M.
ROLL CALL:
MEMBERS PRESENT: Liebl, Harris, Breider, Kelshaw, Kirkham
MEMBERS ABSENT: None
APPROVAL OF THE MINUTES OF THE REGULAR COUNCIL MEETING OF APRIL 5� 1971:
MOTION by Councilman Liebl to adopt the Minutes of the Regular Council Meeting
of April 5, 1971 as submitted. Seconded by Councilman Harris. Upon a voice
vote, all voting aye, Mayor Kirkham declared the motion carried unanimously.
APPROVAL OF THE MINUTES OF TfIE PUBLIC HEARING MEETING OF APRIL 12, 1971:
MOTION by Councilman Breider to adopt the Minutes of the Special Public Hearing
Meetzng of April 12, 1971 as presented. Seconded by Councilman Kelshaw. Upon
a voice vote, all voting aye, Mayor Ki.rkham declared the motion carried
unanimously.
ADOPTION OF AGENDA:
Mayor I:irkham said that to Item #19a Claims, should be added the March retainer
for Weaver, Talle and Herrick in the amount of $1945. Also to be added is
Item #22A: Arbitration Agreement with St. Williams Church.
MOTION by Councilman Liebl to adopt the Agenda as amended. Seconded by Councilman
Kelshaw. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion
carned unanimously.
VISITOR5:
Mayor Kirkham asked i£ there was anyone present that wished to speak on any item
not on the Agenda, with no response.
DISCUSSION REGARDING LOCKE LAKE: (On Agenda at Request of Councilman Liebl)
Councilman Lieb1 saLd that he had received a call from Nlr. D.A. Schultz, 15 Rice
Creek Way and asked him to address the Council.
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REGULAR COUNCIL MEETING OF APRIL 19� 1971 PAGE 2
, Mr. Schultz said that he was concerned about Locke Lake as it affects the lives
of the people. He said that this was a good place to live. He said that he
was in the process of taking a survey of the people, but had not had time to
get it analyzed. He said that he had engaged Mr. Doug Barr of Barr Engineering
who is a specialist in lake bottoms. He questioned how much the lake would fill
up and how fast. Both the dam and the sediment problem are of ma�or concezn
to that area, but it is unfortunate that the dam is the only thing being considered
at this time. If more sand is going to be allowed to come into the lake, it will
become a weed bed. He asked Mr. Barr to give his opinion, and added that Mr.Barr
had made no surveys, he had 7ust reviewed the situation and could not speak in
specific terms.
Mr. Barr said that he would have two points to present, one relating to the question
of timing of the repair of the dam and the other relating to the feasibility. One
of the things that is very important in the redesign of the structure is that the
discharge will have to take care of the possibility of flooding. It is parti-
cularily difficult in this case where the stream is becoming more urbanized. It
is becoming very much different than it was in the past. The characteristics of
the run-off and the flood conditions will change considerably as the area continues
to urbanize. It would be important to get the best discharge possible. The Corps
of Engineers is making a study of a 1D0 year flood and he questioned if it would
not be wise to postpone modifications o£ the dam until the results of this suxvey
by the Corps is known. He said that his second point was relative to the sediment
in the pond. All have seen the deposits at the entrance of the pond. This has
' developed since the dam was constructed, and has been developing rapidly. The
question he raised is how long this lake will continue to be a servicable lake.
Are you going to have a lake here £or enough tune to warrant reconstruction of the
dam? The sediment problem will continue, but with good management there is a good
possibility that the rate will decrease. The question is whether good management
could be obtained. It is also a possibility that if the sediment increases, the
flood discharge will become greater. This raises the question if the lake is
feasible. It is a very expensive proposition to clean the lake.
Councilman Liebl said that he would like to state that the Council is fully aware
of their re5ponsibility for Locke Lake. The Council is obligated to reconstruct
the dam. He said he felt that he must agree with Mr. Schultz, he did think this
body should go on recard to keep the sediment from spreading as it has in the past.
The City should not add to this pxoblem. He would like to see this lake presexved.
To dredge would cost about $50,000 and in his opinion, with taxes as they are, he
doubted if it would have the backing of the people. He said that he wanted rt
clearly understood the Council committed $5300 to repair and update the dam as
suggested by the Engineering staff and the Locke Lake Association. The Council
feels that it is riqht to assess the balance to the benefitting property owners.
The only people to be assessed are the people directly benefitted by this operation_
The Council should do everything possible to stop other governmental authorities
from dumpinq into the creek. The people want, and are proud of their lake.
Mr. Barr asked if the final hearing has been held. Mayor Kirkham said that the
pro7ect has progressed up to final approval. Mr. Barr said that he would like to
' see a set of plans. He added that he understood that one of the concerns was that
the culvert under University Avenue is larger than the capacity of the dam. What
if the dam is improved this year and it is found next year that the discharge is
too great? It may be twa.ce what the dam is able to handle and would mean that this
process would have to be gone through again. The City Engineer explained the
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REGULAR COUNCIL NIEETING OF APRIL 19, 1971 PAGE 3
process the City has gone through thus Par. He said that the Council and the ,
public were told that the capacity of the culvert under University Avenue is
1200 C.F.S. and the dam is substantially lower. If all the logs were removed from
the dam, it would be close to the capacity of the University Avenue culvert. It
was felt that the City had to have a safer structure. There were two or three
proposals given to the Council. There will be a weir capacity added and they
propose doing only a minimal amount of work. What Mr. Barr is talking about could
cost $100,000. They will be doing minimal work until the R1.ce Creek Watershed
District is developed. The Rice Creek Watershed serves over 21 communities and
encompasses 185 square miles.
Mr. Barr said that this was actually a box culvert and asked if they expect to
increase the capacity o£ the box culvert. The City Engineer said no, they will
provide a weir so the lower end of it would function �ust as a box culvert. If
the logs were eliminated, there would be no problem, but there would be no lake.
Mr. Schultz said that he had talked to about 15 people and his survey was not
complete. He had said to the people that money has been appropriated without
determining who would be assessed. Twelve people said that this was a poor way
to do business. This appropriation has been set without having firm bids. Only
three people said that this was a good way to do business. He said that this cost
was not firmly established by experts and he was not saying that the estimate was
wrong, but there are people more expert that should enter into the picture. He
said that he has not seen any actual drawings or shots, only sketches. He said
that he was in Mexico when the hearing was held. He said that he was 7ust asking '
if it was good business to proceed in this manner. The backwater becomes filled
with sand and silt and there has been no talk of the sediment problem, so why
talk al�out the dam without talking about what is behind it. He added that he did
not have his survey of the people tallied to date.
Councilman Liebl explained to Mr. Schultz that the City was faced with an emergency
in that Dr. Ak.bar's home would have been in �eopardy i£ the City did not act.
He ran the risk of property damage. He said that he did sympathize and he did
want a clean lake. By appropriating the money he felt that the City did every-
thing within their �urisdiction without �eopardizing the ta�c structure. He
suggested that Mr. Schultz summarize his facts and opinions of the people and
bring them back in order.
Councilman Aarris said that this Council has discussed the dam in detail and met
with members of the Locke Lake Association. One of the questions was relating to
assessments. It is very clearly set out in the State Statutes that the assess-
ments must be against the benefitting property owners. The people abutting the
lake will pay. The Crty responsibility is in the maintenance and repair of the
dam, and they have set aside $5300 for this, with the balance to be assessed.
This creek is the natural flow of water to the river, so it was felt that there
was some responsibility to be borne by the City. The question of a cost break-
down was raised. There was a pro�ect hearing and the City Engineer was asked
to prepare a cost estimate, and the people were qiven this estimate. Then the
City goes out for bids on a competitive basis. After that the exact cost is known
and there will be a final assessment hearing with the precise £igures available. �
This system is followed throughout the whole metropolitan area. He added that the
City Engineer has been quite accurate in his estimates, and the Council wants
a realistic figure. As reqards the silt problem, this Council is very cognizant
of the problem and has been for a number of years. Fridley was one of the
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REGULAR COUNCIL MEETING OF APRIL 19, 1971 PAGE 4
, instigators of the Watershed District which includes Anoka, Ramsey and Washington
Counties. There is a hearing now before the Water Resources Committee. If it is
determined by the Board of Commissioners that additional work is needed, it may be
that they will determine that the cost of the unprovement would be borne by a
larqer area. It would be silly £or this Council to expend money when maybe an
improvement can be assessed to other communities contributing to the Watershed
area and Locke Lake. These people also have to share the burden. Fridley has
no way of assessing other municipalities. This is not a closed case, the dam
pro7ect is only a stap-gap measure with further developments to come.
Mr. Schultz said that the City has contributed to the sediment problem through
sand washing down during such things as storm sewer pro7ects and the erection of
homes. He wondered zf the City did not feel any responsibility in not policing
these activities. Councilman Harris said that Mr. Schultz is voicing the problem
with Locke Lake, but the same problem exists with the creek. He said he was sure
that the people in New Brighton would voice the same criticism. The problem is
not derived totally from the City of Fridley, but is also coming from up stream,
all the way to the head waters. Fridley would have to say they are responsible
for some of it, but the problem is mainly generated up stream.
(NOTE: The representatives for Colonial Services asked that the next Item:
Rtchland Inc. rezoning be taken up be£ore them because of the large number of
people waiting for this item.)
CONSIDERATION OF REZONING REQUEST ZOA #70-07, BY RICHLAND, INC., R.C. ERNST TO
� REZONE FROM R-1 TO R-2 THAT AREA GENERALLY LOCATED HETWEEN MISSISSIPPI STREET,
RICE CREEK ROAD AND ARTHUR STREET AN➢ STINSON BOULEVARD:
There were a great number of people in the audience in regard to this item.
Councilman Kelshaw presented a petition to the Council and said that this petition
was signed by over 90� of the residents in the area.
PETITION NO. 8-1971 - IN OPPOSITION TO REZONING REQUEST ZOA #70-07 BY RICHLAND
INCORPORATED, R.C. ERNST:
MOTION by Councilman Kelshaw to receive Petition #8-1971. Seconded by Councilman
Harris. Vpon a voice vote, all voting aye, Mayor Kirkham declared the motion
carried unanimously.
Councilman Kelshaw said that he would like to say before any discussion, and maybe
avoid a long evening, that he was elected Councilman oE Ward Two and it is his
responsibility to represent this Ward. When the people have a problem they are to
call their Councilman. Here is a situation involving a rezoning from R-1 to R-2.
He said that he held his own informal public hearing last Saturday and discussed
this and since then he has had a number of calls from the people in the area,
which he en�oyed. At this point he said he would like to make the following
motion:
� MOTION by Councilman Kelshaw to deny the rezoning request by Richland Inc., R.C.
Ernst, ZOA #70-07.
(NOTE: The audience voiced their approval of the motion through applause.)
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REGULAR COUNCIL MEETING OF APRIL 19� 1971 PAGE 5
Councilman Kelshaw continued that this is a democracy and the majority speaks. �
He said that he would have to say that the owners of the land have the right to
come before the Counczl to ask that they be able to develop their land and that
they have a right to deviate from the present zoning. This would be only if it
did not interfere with the economic standing and the homes already in the area.
He said that if the position is hard for the property owners, he is sorry, but
the people have spoken. The question of the drainage system has been brought up.
He said that he has talked of this with the people he has spoken wath. The people
also expressed strong feelings of opposition to this. He said that he realized
and understood their feelings on this. xowever, the people that own the land have
a right to develop the land. The builder has said that if he cannot develop R-2,
he wi11 develop R-1. There is still a lot of discussion to do on the question of
the storm sewer system, but there will not be any decision made on it tonight. He
said that he would also stand on the same position as far as the storm sewer
system is concerned.
THE MOTION seconded by Councilman Breider.
Councilman Sreider said that he agreed with Councilman Kelshaw in regard to the
storm sewer. It appeared to him that not only this particular area, but the whole
drainage district is in need of storm sewer. The Counezl should plan for the total
area, rather than 7ust this particular area. Mayor Kirkham pointed out that the
Engineering Department already had the plans for the total area.
The City Enqineer said that in 1962 there was a plan presented. It was presented �
again in 1966 and at that time the Council again chose not to unplement the pro�ect.
This is the only large residential area left within the City without a storm
sewer system. If development is to be allowed in this area, an underground system
would be necessary to develop the roads properly.
Councilman Kelshaw urged the people to consider the storm sewer proposa].. He
pointed out that now the cost is estimated at $600 per 10,000 square foot lot,
or $6.00 per 100 square feet and in 1962 the estimated cost for a 10,000 square
foot lot was $207. He said that as their Councilman, he felt that it was his
solemn obligation to inform the people of this fact, but the project will not be
crammed down their throats. The day will come when the system will be needed
and it will be even more expensive.
UPON A ROLL CALL VOTE, Harris, Breider, Kelshaw, Kirkham and Liebl voting aye,
the motion to deny the rezoning was carried nnanimously.
Upon the vote on the motion, there was again applause expressing approval of the
Council action.
RECESS:
Mayor Kirkham declared a recess at 8:45 P.M. to 9:05 P.M.
FIRST READING OF A REZONING ORDINANCE (ZOA #71-02, BY COLONIAL SERVICES TO REZONE
FROM M-2 TO C-2 THAT AREA GENERALLY LOCATED IN THE SOUTHWEST QUADRANT OF HIGHWAY '
#65 AND 73RD AVENUE: ALSO COi�SIDERATION OF TAEIR REQUEST FOR A SPECIAL USE PERP9IT,
BUILDING PLANS ANA A SIGN VARIANCE:
The City Engineer said that this is a piece of property presently zoned M-2 and
the request is to rezone to C-2. Champlin Petroleum Company is also requesting
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REGULAR COUNCIL MEETING OF APRIL 19, 1971
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� a special use permit to build a gas station - superette type of business. The
Planning Commission recommended approval of the mzoning and the special use
permit. He then showed a rendering of the type of building they are planning to
build.
Councilman Harris asked the square footage of the parcel. Mr. Lance Norderhus
said 35,000 square feet. Councilman Harris asked the size of the building and
Mr. Norderhus replied 836 square feet.
The City Engineer showed the plans at the Council table and said that the Buildi?ig
Board had recommended approval. Mr. Norderhus said that he was the owner of the
property and Mr. Jim Williams xepresenting Champlin Petroleum Company is also
present to answer questions. Mr. Norderhus continued that he purchased this
property three years ago and the intention was then to put in a restaurant. At
that time he was not directly involved. The property was on the market for two
years. They also contemplated putting in a pancake house there. After their
studies they determined that this would not be successful and it was again on the
market. In their attempts to sell the property, they have run the gamut of buyers.
He said that they have agreed to put in a right turn lane and close off the
approach to 73rd Avenue.
Councilman Kelshaw asked what the taxes are estunated to be on this type of business.
Would they be higher or lower than on a regular gas station. Mr. Williams said that
there was less square footage than with other gas stations. The City Assessor
said that a normal gas station pays between $2000 and $2500, but in this case the
' land area is larger, so he estimated that the taxes would be about the same as
for other gas stations, the land area making up the difference in square footage
for the building. He added that he did not have the dimensions.
Mr. Williams explained that the superette would be dealing in the sale of con-
venience foods. Mayor Kirkham commented that he had wondered whether this type
of business would be successful, but after giving it more consideration, he felt
that this was not 7ust another service station, but a different type of business.
He had compared it to the one on East Rt.ver Road and Osborne Road, but it is not
the same.
Councilman Kelshaw asked if their building would look like the picture subma.tted.
Mr. Williams said that they have submitted their plans. This is a variation from
the standard type of service station as you know it. They intend to merchandise
convenience items. There is landscaping provided for with a green area on the
aprons and they have shown some artificial plants. They intend to make it attractive
and clean, and they are absolutely against having it become a 7unky area. They
are convinced that with the number of homes and the traffic, that this type of
business can succeed. Councilman Kelshaw said that he had lived in the mobile
home park there and this type of business would be of service to these people in
that area. This is not the run of the mill type of service station.
Mr. Norderhus said that it was the request of the Building Standards - Design
Control Subcommittee that they put brick on all four sides, and the plans now
show this.
� Counca.lman Kelshaw asked if they had any plans for making a freeway stop. Mr.
Williams said that there was an apron area where there could be an umbrella put in.
They will be having vending machines, but they did not plan to make a picnic area,
but there is an area there that could be utilized. Councilman Kelshaw said that
there would be traffic coming through and wondered about putting in a picnic table.
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REGULAR COUNCIL MEETING OF APRIL 19, 1971
Mayor Kirkham pointed out the close proximity to Locke Park.
PAGE 7
MOTION by Councilman Harris to approve the Ordinance for rezoning by Colonial
Services on first reading and waive the reading. Seconded by Councilman Kelshaw.
Upon a roll call vote, Kirkham, Liebl, Harris, Breider and Kelshaw voting aye,
Mayor Kirkham declared the motion carried unan.imously.
Special Use Permit
The City Engineer said that all gas stations require a special use permit. The
Planning Commission recommended granting the premit. He recommended certain
conditions be put on the special use permit as follows: The City of Fridley
needs a 15' strip of land for a turning lane which they are aware of and show on
their plans. They are also to bear the cost of widening the roadway along the
highway. They are to work with the City in regard to parking. They feel with
this type of business they have provided enough parking, but he would like
assurance that if there is a problem, they will provide additional parking. He
also wanted it clearly understood that this special use permit is only for the
dispensing of grocexies and gas, there is to be no re-sale of any rtems.
MOTION by Councilman Kelshaw to approve the special use permit contingent upon
those rtems outlined by the City Engineer. Seconded by Councilman Harris. Upon
a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously.
Building Permit (Approved by the Building Board March 18, 1971)
The City Engineer reported that the Building Standards - Design Control Sub-
committee recommended approval of the plans. He then presented the plans at the
Council table.
MOTION by Councilman Liebl to approve a building permit for Champlin Petroleum
Company. Seconded by Councilman Kelshaw. Upon a voice vote, all voting aye,
Mayor Kirkham declared the motion carried unanimously.
Variance for Sign (Approved by the Board of Appeals March 23, 1971)
The City Engineer said that the variance requested is from 10' down to the property
line. The reason is that there is a hardship, they feel, in that there are hedges
that obscure the visibility. Mr. Norderhus said that there were also highline
poles and wires, and they would be 8' - 10' inside the poles.
MOTION by Councilman Kelshaw to approve the variance as requested by Champlin
Petroleum Company. Seconded by Councilman Breider. Upon a voice vote, all
voting aye, Mayor Kirkham declared the mota.on carried unanimously.
REPORT ON COMPLAINT REGARDING YARD FLOODING PROBLEM AT 6335 PIERCE STREET:
(RON SLATER)
Councilman ICelshaw said that Mr. Slater is present and he had asked him to present
his opinion in writing. He did, and it is as follows:
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REGULAR COUNCIL MEETING OF APRIL 19, 1971
PAGE 8
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� "I feel the County should fill my yard with clay and 1" of black dirt and sod
the said area. If the new ditch is to be kept open with dams to protect my
yard. Otherwise new ditch should be closed end of April, and old ditch open.
No more than 2�' deep. Before Walquist starts construction on his property.
I'll expect a answex on or before 4-19-71."
Councilman Kelshaw said that he has been up to Mr. Slater's property and believed
someone was hasty last fall when the ditch was opened on the City property. They
did leave it in a mess. This gentleman has water standing stagnant and there are
all types of corruption in it. This is an example of pollution and the City owes rt
to him to correct the situation. He recommended that the City finish the ditch
and fill his yard and reimburse him for a lost tree, for about $70 -$75. It
should be made sure that the water can drain to Moore Lake and this should be
accomplished by May lst. There is a ditch north of Mr. Slater from Pierce to the
back of the propexty for wates off Pierce Street that has been sodded over. He
did feel that Mr. Slater had a legitimate wmplaint after seeing it.
The City Engineer said that this is the same basic problem - a storm sewer system
is needed. The plan was presented in 1962 and again in 1966. They had a pipe
from Pierce Street that would work most of the time, except in the spring. The
open ditch had to be put in, and they had trouble getting easements. If more
property is allowed to develop in that drainage area, the situation will get
worse. They have tried to maintain the ditch. When a million dollar system is
needed, the problem will not be solved with a ditch. There is not enough of an
elevation drop to Mooxe Lake, so when there is flash flooding, there is a problem.
, He said that he had reviewed the problem. He said that he understood that the
ditch was cleaned last fall. It is cleaned every so often. There has not been a
- chance to go back and finish. Councilman Kelshaw asked what about the grade. The
Director or Public Works said that there is only 1' difference between there and
the lake. Councilman Kelshaw said that there was water standing there tonight.
The City Engineer said that that water will stand thexe unless there is a system
put in. Councilman Kelshaw said that there was water standing in the ditch, then
a dry area, then more water. The grade is not such that it would run down. The
Director of Public Works said that the water cannot run down. They have done
everything possible to make it drain. Councilman Kelshaw said that if that ditch
were graded properly, the water would be in the ditch and not on Mr. Slater's
property. This is stagnant water. The grade is such that the water cannot run, and
the grade must be corrected. The City Engineer said that the problem is that there
is not enough fall. The water from the lake actually backs up because the lake
does not have enough outlet. There is no way to adequately take care of the problem
without putting in the storm sewer system. He questioned going on private property
and expending public funds. He suggested there could be a little bank put up
between the yard and the ditch to prevent the ditch from overflowing, but then
Mr. Slater's yard would not drain.
Mr. Slater said that he has lived there five years with no problems until the
County changed the ditch. If rt is not corrected, he said that he has been informed
that he has the right to ask the County to change the drtch back. This ditch is
6�' � 7�' deep, and it was about 2' deep before. He said the City Engineer seems
� to think the change in the ditch did not change the flow of the water. The County
has said if he wanted, he could request the County to move the ditch back. He
asked that the Council make thls request of the County
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REGULAR COUNCIL MEETING OF APRIL 19, 1971 PAGE 9
Mayor Kirkham asked if the City had acted unproperly, should they go on the ,
private land to correct it. The Crty Attorney said that if the work done by the
City of Fridley created the problem, then it would be proper to go on and expend
funds. The soil has not been seeded or taken care of. If the question is
whether the City or County could expend funds to put in fill and seed or sod,
then yes, they could. The County Attorney's office indicated that the Council
would participate in the cost to a limited degree.
Mr. Slater said if the ditch did not cause the problem, why did he not have it
before? He said that this problem has been passed back and forth. He felt the
ditch should be sodded, and the ditch leveled.
Mayor Kirkham said that the City Engineer has made reference to this problem area
for the last eight years that he knew of. To take care of the immediate problem
may create problems in another area, the water has to stand someplace. To correct
the pxoblem the storm sewex is needed.
Mr. Slater said that the ditch was dug to take water across from Central. There is
a manhole that floods now because of this ditch. This problem did not exist
before the ditch was moved. There were City crews out at 3:00 - 4:00 A.M.
Councilman Harris said that he felt that the way to proceed would be to have a
written report outlining the situation and including the method and cost to repair
it before public monies are spent. Between now the next meeting the Council could
get the recommendation of the staff. Mayor Kirkham pointed out that the City ,
Engineer has already given his report and he hated to delay the repair of the yard
further. If the City is willing to recognize it had a share in putting the
water on his yard, then the County should participate in the cost with Fridley.
The City Engineer said that if public funds are expended on private property,
there will be problems - where do you stop? For instance, other parties have
already raised their yards, and may claim they should be reimbursed. He felt it
would be wrong to go onto private property. If the City water is going onto his
property, this can be corrected. He said that the ditch where the water stands
could not be sodded, although the banks could. He said there was an easement. The
water standing on the property now is water that is backing up from the lake.
The water can be stopped from coming onto his property, but tnen his propexty
will not drain.
MOTION by Councilman Kelshaw to direct the City Engineer to rework the ditch to
prevent the water from backing up on the property, also to direct the City
Engineer that once the water is prevented from backing up to fill the yard and
sod the ditch. If there is water in the future, he will have to live with it.
He added that the City is obligated to sod the ditch.
The Crty Engineer said that the sod would die, it cannot live under water.
THE MOTION seconded by Councilman Liebl.
Councilman Liebl asked the City Attorney, if Fridley is to spend this general �
revenue money, would Fridley get some of it back from the County? The City
Attorney said that if you look to the County to re-pay, Fridley should get the
money before proceeding. The first thing to do would be to get some estimates of
the cost. The indications from the County are that they are not expecting to
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REGULAR COUNCIL MEETING OF APRIL 19, 1971 PAGE 10
spend a lot of money. Whether this problem was caused by the County, he could not
say, but in his conversations with the County Attorney, the County Attorney did
not feel rt was.
Councilman Harris said that the communication he would like to see from the staff
would contain information on how to improve, shape and correct the drtch.
Batween now and May lst it would be hard to get vehicles in to do the work. The
Council should have something in writing on the costs and the solution. He did
not think this delay would be unrealistic. The heavy vehicles going in now would
cause more damage.
The City Attorney asked if the County did anything about leveling the material
they dug out of the ditch. Counci]man Kelshaw said that it was level, what the
City did is not.
The City Engineer pointed out that if the Council figures on spending money on his
yard, they should figure on other yardsas well. There is a lot to the south that
gets more flooding �.han Mr. Slaters'.
Mr. Slater asked that Councilman Kelshaw ask the Crty ALtorney to request that the
ditch be closed and moved back to the middle of Walquist's property at 2� feet.
Let the County explain why they dug the ditch, then had to move it back. The
City Engineer said that this would flood property east of Rice Creek Road.
MOTION WITHDRAWN by Councilman Kel5haw.
MOTION by Councilman Kelshaw to direct the City Engineer to regrade the ditch,
so the water will not back up, sod it, and fill the yards,
The City Engineer said that he would do this, but he could not guarantee it would
solve the problem. Mr. 5later said that if the City does not fill the yard, then
move the ditch back. Councilman Kelshaw said that the reason he felt so strongly
about this is that the storm sewer system is badly needed, of course, but that
will not go in for some time.
MDTION DIED for lack of a second.
MOTION by Councilman Kelshaw to direct the Crty Attorney to write a letter to the
County requesting that they close off the ditch and go back to the original
location.
MOTION DIED for lack of a second.
Councilman Liebl said that to request that the drtch be moved back to where it
was would cause trouble where there was before. The City Engineer said yes,
water used to sit east of Central. Now it runs faster and comes into the lake.
The intensity of the water is higher because of the developments. The ditch
water could be stopped from coming onto his property with a small bank, and they
could regrade the ditch to make it look decent. In the future there may be a
necessity of more work done.
MOTION by Councilman Liebl to rework the ditch and bank the east side of his
property to prevent the ditch water from coirung onto Mr. Slater's property, and
sod the banks.
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REGULAR COUNCIL MEETING OF APRIL 19, 1971 PAGE 11
N1r. Slater said that he would not allow a bank on his property. That way the
water in his yard would not drain off. Ae said that in that case, he would take
legal action on his own.
MOTION DIED for lack of a second.
MOTION by Councilman Harris to direct the Engineering Department to prepare a
communication regarding the problem, possible remedies, and the costs thereof,
to shape the ditch and also ask the County to participate in the cost. Seconded
by Counca.lman Kelshaw. Upon a voice vote, all voting aye, Mayor Kirkham declared
the motion carried unanimously.
ORDINANCE #477- AN ORDINANCE TO AMEND THE CITY CODE OF THE CITY OF FRIDLEY OF
FRIDLEY, MINNESOTA, BY MAKING A CHANGE IN ZONING DISTRICTS: ZOA #71-01, VIKING
CHEVROLET:
MOTION by Councilman Harris to adopt Ordinance #477 on second reading, waive the
reading and order publication held until all necessary deeds, easements and rights
of way are received by the City. Seconded by Councilman Breider. Upon a roll
call vote, Kirkham, Liebl, Harris, Breider, and Kelshaw voting aye, Mayor Kirkham
declared the motion carr�.ed unanimously.
RECEIVING COMMUNICATION FROM ACTING CITY MZllQAGER REGARDING PROGRESS MADE ON NORTH
PARI: LAND ACQUISITION-
MOTION by Councilman Liebl to receive the communication from the Acting City
Manager dated March 19, 1971 along with the supporting data. Seconded by
Councilman Kelshaw. Upon a voice vote, all voting aye, Mayor Kirkham declared
the motion carried unanimously.
REPORT ON GLEN CREEK AND STONEYBROOK EROSION PROBLEM AND SOLUTIONS TO IT:
(WYMAIV SMITH)
Councilman Breider said that he had talked to the City Engineer and it seems
that the long range solution as far as Stoneybrook Creek is concerned is involved
with the litigation with Spring Lake Park over the storm sewer.
The City Engineer reported that there will be rock available from the railroad
yard construction for use along the banks. If some of the people along the creeks
want the rock, it will be qiven to them to use to protect the bank. Councilman
Breider said in thinking in terms of a long range solution, it will be necessary
to get some easements from the people and the City will need their cooperation.
The City Engineer added that technical assistance is free, rock is free, and
anything more the people will have to pay for.
REPORT ON SUDGE SOHNSON'S TAXES AND SPECIAL ASSESSMENTS:
The Acting City Manager said that the City Assessor has checked the records and
suhmitted his report. The City Assessor came up to the Council table and while
pointing out on the map, said that the east-west road coming in from East River
Road was assessed for 75'. Riverview Terrace at the time of plattinq Johnsons
Riverlane Additaon was dedicated, but not improved. When Batterson Addition was
platted, the above assessment was attached to it, leaving 115' on Riverview
Terrace which was assessed in 1969 when the road was improved.
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REGULAR COUNCIL NIEETING OF APRIL 19, 1971 PAGE 12
Councilman Liebl asked the City Assessor if. in his opinion, this was a fair and
proper assessment, taking into consideration past procedures and the City Assessor
replied yes.
MOTION by Councilman Liebl to receive the report by the City Assessor found in the
Agenda of April 19, 1971 and request that a copy be sent to Judge Johnson. Also
that he is to be told to appear before the Board of Equalization in regard to his
ta�ces. The motion was seconded and upon a voice vote, all voting aye, Mayor
Kirkham declared the motion carried unanimously.
It was agreed by the Council, that the City Assessor should invite Judge Johnson
to come into the office and the whole procedure is to be explained to him.
REVIEW OF BUILDING PLAIQS FOR ADVANCED HEARING:
The City Engineer presented the plans at the Council table and said that this was
for an addition to a building on 78th Avenue and Beech Street.
MOTION by Councilman Breider to approve the plans and authorize the building
permrt. Seconded by Councilman Kelshaw. Upon a voice vote, all voting aye,
Mayor Kirkham declared the motion carried unanimously.
DISCUSSION REGARDING CONDITION OF COMP10N5 PARK: (On Agenda at Request of Elmer
Olson, Parks and Recreation Commission)
Mr. Elmer Olson saa.d that he appreciated the opportunity of appearing before the
Council. There are representatives from the Fridley Youth Football and Baseball
Association present. Mr. John Anderson is associated with the problem. He said
he represented about 130 parents and about 800 children in the programs. There
have been a lot of hours spent in working with these children. He said he would
like to discuss the condition of the grounds at Commons Park. A request was made
to improve the football field with the number one item a sprinkler system. The
Parks and Recreation Commission spent many hours working on their budget, and
their #1 priority was the sprinkler system. This item in the budget was slashed
by about 60% by the Council. Many people have expressed concern about the con-
dition of the grounds at Commons Park. He said that park must be improved.
When talking about sodding, top soil and seeding, it is money thrown away without
the sprinkler system. He said that they realized they were making an unusual
request and they did not expect a quick answer, but they asked that the Council
reconsider this item.
Councilman Breider said that it appeared from the figures submitted by the Parks
Director that the cost of the xrrigation system would be $5,288. The Parks
Director said that this would cover the engineerinq, materials and survey. He
then presented a map of Commons Park at the Council table.
Counca.lman Kelshaw asked about the area south of 61st, and asked if the Little
League parents did not do a lot of the work. A member of the audience said that
the Lrttle League is not involved with the Fridley Parks and Recreation Department.
He added that he was involved with the Little League, but he did not know how
much it cost. Councilman Kelshaw said that he thought that in that case the
labor was largely donated and wondered if somethinq of this nature could not be
worked out.
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REGULAR COUNCIL MEETING OF APRIL 19, 1971 PAGE 13
Mr. John Anderson said that it would cost about $16,000 for the total �ob. He �
said that the City Engineer speaks about the costs rising every year, and the
same thing would apply here. This is not a kid pro7ect, and he did not believe
anyone in the City knows exactly what is involved in putting in an underground
system.
Councilman Harris said that it appeared the total request was $11,598. The Parks
Director said yes, this is based on the installation being done by his department
for 2'z weeks. It is also based on the wmpany giving this estimate providing a
supervisor, such as a plumber, to oversee the operation.
Mr. John Anderson said that he did the layout for City Hall. He said that he did
not represent any company, 7ust a tax payer, but he would like to see the layout.
The Parks Director said that this is an estunate submitted by a company at the
City's request and was not a bid. This is a ball park figure, with the City
involved in the installation. The total cost not involving the City employees
is $16,171.
The Parks Director said that there was $6300 left in the budget for this rtem,
wrth the recommendation that an investigation be made to use City employees for
the labor.
The City Attorney said that he had a comment, �ust as a tax payer. He said that
he had a boy participating in the program, and has long felt that Commons Park
needed an irrigation system. He said it disturbed him that there is a substantial �
playground area developed by the school and paid for by our taxes that seems to
�ust sit there. He said that this was �ust south of 61st. Mr. Anderson said that
what is done with the school area is irrelevant. Mr. Olson said that there is a
group of 8- 12 year olds, perhaps SOD - 600 boys last year, that use that area.
There are football games played there because Commons Park is not suitable. It is
used for football and Little League. The City Attorney said that he thought that
this area should be used, rather than srtting empty during the summer. He said
that he ob7ected to a duplication of facilrties if it was not necessary.
A memher of the audience said that the Football Association did utilize that
field. They had asked the school to let them play their games there. Time is a
big factor here because there are no lights. Towards the end of the season,
Commons Park was unplayable and they had many in�uries. The City Attorney asked
if they play baseball there in the summertime. The member of the audience said
that there were not facilities for baseball.
The member of the audience said that their organization supports 18 teams. They
have told the coaches not to alYow practice on the lighted fields. They had three
travelling teams, and won a championship. They have 35 men devoting a lot of their
t�.me and they buy all their own equipment, but they still get a lot of in7uries.
Councilman Harris said that he had an underground sprinkling system put in at his
home. For 3500 square feet it cost him $200. The Council felt that they could
leave $6300 in the budget and have the City employees do the work. It appeared
that they were about $5000 short. The Parks Directo� said that they have some ,
other funds that could be transferred that would leave them about $1500 short.
Councilman Harris said in answer tn the City Attorney's question that he did not
want to say that this would be a duplication of services. The School Board has
spend a great deal of money. The irrigation system certainly is a necessity for
the Park. The Schoul Board has never been approached by the City. There are a
lot of baseball teams in this City. They practice and play here, and run the
diamonds into dust.
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REGULAR COUNCIL MEETIDSG OF APRIL 19, 1971 pAGE 14
� The Acting City Manager said that the cost of seeding is $3,310 and can be found
in the budget� and the cost of the irx'igation system is $5,288 using our own
labor. This is an estimate by an irrigation company, and does not represent a
firm commitsnent. Councilman Harris commented that the Crty would have to go
out for bids anyhow. Councilman Kelshaw asked if the fathers could do the work,
would this help much. The Parks Director said yes, a.t would make a difference.
He added that he did have some reserva.tions on his staff doing the work.
A member of the audience said that he was presldent of an Association, and their
association has volunteered to do the work.
Councilman Liebl said that the Parks and Recreation Department made this their
#1 priority, and wanted the irrigation system badly. It was an $18,000 package
when it came before the Council. Then the Council wondered how it could be made
cheaper. The Parks and Recreation people are already pressured with work. He
sazd that he had talked to Mr. John Anderson and he felt that the �ob would cost
$16,000 -$18�000 and then you would have a guarantee by the contractor. He
said that the Council would have been better off to have left the $18,000 in the
budget. That estunate was close.
Councilman Breider asked if the Parks Department could do the work. The Parks
Director said yes, with the supervision of a professional. Councilman Breider
wondered if it would not be an advantage to have the men faniiliar with the
system when it comes to maintenance. The Parks Director added that he thought
there would be a guarantee of the work because there would be a pro£essional
� supervising. Councilman Breider commented that it would seem worth while to
experiment wi�h the Parks people putting in the system.
RESOLUTION #49-1971 - A RESOLUTION TRANSFERRSNG FUNDS WITHIN THE GENERAI,
FUND:
MOTION by Councilman Harris to adopt Resolution #49-1971, putting an addita.onal
$2000 in the Parks budget for the irrigation system. Seconded by Councilman
Kelshaw. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion
carried unanimously.
Councilman Liebl asked what was cut out of the budget with the $1000 rental item.
The Parks Director said that this was in the budget to cover the rental of
specialized equipment that the City does not own. Councilman Liebl asked about
the disaster fund. The Acting City Manager said that there was $2300 in a special
account in the bank being held in escrow.
RECEIVING THE MINUTES OF THE BOARD OF APPEALS MEETING OF APRIL 13, 1971:
l. A REQUEST FOR A VARIANCE OF SECTION 45.053, 4, B4� FRIDLEY CITY CODE, TO
REDUCE THE SETBACK FOR AN ACCESSORY BUILDING ON A CORNER LOT� WHICH IS WITHIN
25 FEET OF THE COMMON PROPERTY LINE� FROM 30 FEET TO 24 FEET TO ALLOW THE
CONSTRUCTION OE A GARAGE TO BE LOCATED ON LOT 42, BLOCK 3, MELODY MANOR 4TH
ADDITION� THE SAME BEING 7564 JACKSON STR�ET N.E.� FRSDLEY� MINNESOTA.
(REQUEST HY ELWOOD WADE, 7564 JACKSON STREET N.E., FRiDLEY, MINNESOTA):
� The City Engineer said that the Board of Appeals recommended approval of the
request for a variance. Mr. Wade submitted a letter from Timothy Breider, ad7acent
property owner, agreeing with the placement of the garage.
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REGULAR CO[7NCIL MEETING OF APRIL 19, 1971 PAGE 15
MOTION by Councilman Kelshaw to grant the variance requested by Mr. Elwood Wade. ,
Seconded by Councilman Harris. Upon a voice vote, all voting aye, Mayor
Kirkham declared the motion carried unanimously.
2. A REQUEST FOR A VARIANCE OF SECTION 45.053� 1B, FRIDLEY CITY CODE� TO REDUCE
THE MINIMUM LOT AREA� FOR A LDT RECOR➢ED BEFORE DECEMBER 29� 1955� FROM
7,500 SQU7IRE FEET TO 5,500 SQUARE FEET TO ALLOW THE CONSTRUCTION OF A
DWELLING ON LOTS 3 AND 4, BLOCK R, RIVERVIEW HEIGATS ADDITION� THE SAMR
BEING 611 HUGO STREET N.E., FRIDLEY, MINNESOTA. (REQUEST BY MR. A.L.
WILLIAMS, 947 86TH AVENVE N.W., COON RAPIDS, MINNESOTA 55433):
The City Engineer said that this request is to reduce the lot area from 7500
square feet to 5500 square feet. There are no available lots on either side of
these lots. The Board of Appeals recommended approval of the request.
MOTION by Councilman Kelshaw to grant the variance requested by Mr. A.L. Williams
with the stipulation that the building plans for the house are to be presented to
the Council. Seconded by Councilman Breider for discussion.
Councilman Breider asked where this house is to be located and the City Engineer
said on Hugo Street. Councilman Breider asked the-footage and the City Engineer
replied that there would be 50 feet across the front.
THE VOTE upon the motion, being a voice vote, all voting aye, Mayor Kirkham
declared the motion carried unanimously. �
3. A REQUEST FOR A VARIANCE OF SECTIDN 45.053, 4B� FRIDLEY CSTY CODE� TO DECREASE
THE SIDE YARD SETBACK REQUIREMENT FROM 10 FEET TO 9.5 FEET TO ALLOW THE
CONSTRUCTION OF A DWELLING ON LOT 1, BLOCK 2� COCHRAN'S ADDITION, THE SAME
BEING 6216 STINSON BOULEVARD N.E., FRIDLEY� MINNESOTA. (REQUEST BY RICHARD
MILLER HOMES, INC., 1700 SILVER LARE ROAD, NEW BRIGHTON� MINNESOTA 55112):
The City Engineer explained that this variance is only '� foot necessary because
after the workmen put in the basement, a verification survey was made and it was
found that they were � foot off.
MOTION by Councilman Kelshaw to grant the variance requested by Richard Miller
Homes. Seconded by Councilman Liebl. Upon a voice vote, all voting aye, Mayor
Kirkham declared the motion carried unanimously.
4. A REQUEST FOR A VARIANCE OF SECTION 45.053, 4B� 3, TO REDUCE THE SIDE YARD
WIDTH ADJOINING AN ATTACHED GARAGE FROM 5 FEET TO 2.3 FEET TO ALLOW THE
ENLARGEMENT OF THE EXISTING SINGLE GARAGE INTO A DOUBLE GARAGE LOCATE➢ ON
LOT 9, BLOCK 1, LYNDALE BUILDERS 4TH ADDITION, THE SAME BEING 572 CHERI
LANE, N.E.� FRIDLEY, MINNESOTA. (REQUEST BY MR. ROBERT DIETRICH� 572
CHERI LANE� N.E.� FRIDLEY� MINNESOTA):
The City Engineer reported that the Board of Appeals recommended approval of the
variance.
MOTION by Councilman Harris to approve the variance requested by Mr. Robert �
Dietrich, with the comment that this is the reason that he would like all the
plans to show double garages. The motion was seconded and upon a voice vote,
all voting aye, Mayor Kirkham declared the motion carried unanimously.
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REGULAR COUNCIL MEETING OF APRIL 19� 1971
PAGE 16
5. A REQUEST FOR A VARZANCE OF SECTION 45.053, 4B, FRIDLEY CITY CODE, TO EITHER:
1. REDUCE THE SIDE YARD REQUIREMENTS FOR LIVING AR�A FROM 10 FEET TO 6
FEET OR: 2. TO REDUCE THE SIDE YARD REQUIREMENT ON BOTH SIDE YARDS FROM
10 FEET TO S FEET, TO ALLOW THE CONSTRUCTION OF A DWELLING DN LOT 10, BLOCK
3, SHAFFER'S SiJBDIVI5I0N #l, THE SAME BEING 7527 VAN BUREN STREET N.E.�
FRIDLEY, MINNESOTA. (REQUEST BY MR. RUSSELL E. BECK, 7542 VAN BUREN STREET
N.E., FRIDLEY, MINNESOTA):
The City Engineer said that the applicant and the Building Inspection Department
preferred the variance from 10 feet to 6 feet on the one side. This is for a lot
on Van Buren. The house will be a considerable distance away from the one
ad7acent to it.
MOTION by Councilman Breider to grant the variance requested by Mr. Russell E.
$eck. 5econded by Councilman Kelshaw. Upon a voice vote, all voting aye, Mayor
Kirkham declared the motion carried unanimously.
MOTION by Councilman Kelshaw to receive the Minutes of the Board of Appeals
Meeting of April 13, 1971. Seconded by Councilman Liebl. Upon a voice vote,
all voting aye, Mayor Kirkham declared the motion carried unanimously.
LICENSES:
Club On Sale Retail
� Fridley VFW Post 363
1040 Osborne Road
Fridley Minnesota
,
Food Establishment
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Western Stores
7600 University Ave.
Fridley, Minnesota
Elder Sales
7451 East River Road
Fridley, Minnesota
Don's Gulf Station
5300 Central Ave.
Fridley, Minnesota
Service Station
Fridley 66
5667 University Ave.
Fridley, Minnesota
Cigarette
Dick's North Star
4040 Marshall St.
Fridley, Minnesota
By: Carl Maki
By: Elder Sales Co.
By: William Petersen
By: Phillips Petroleum Co
By: Richard Hennessey
Approved By
Health Inspector
Health Inspector
Health Inspector
Building Inspector
Fire Inspector
Police Chief
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REGULAR COUNCIL MEETING OF APRIL 19, 1971
LIC�NSES CONTINUED:
Cigarette
Fridley DX
5701 University Ave.
Fridley, Minnesota
Tavern
Maple Lanes
6310 Hwy. 65
Fridley, Minnesota
Garbage Pickup
Gallagher's Service
8566 Jefferson St.
Spring Lake Park, Minn
On Sale Beer
Maple Lanes
6310 Hwy. #65
Fridley, Minnesota
Fridley VFW Post 363
1040 Osborne Road
Fridley, Minnesota
Off Sale Beer
George's Texaco
6071 University Ave.
Fridley, Minnesota
General Contractor
Floodmaster Engr. Corp.
1545 Selby Avenue
St. Paul, Minnesota
Home Styles, Inc.
Rt. 4, Box 40
Wayzata, Ma.nn. 55391
sy: Superior Music
PAGE 17
Approved By
Police Chief
Health Inspector
By: Fridley Rec. & Service Co. Police Chief
Health Inspector
By: Richard Gallagher Police Chief
Police Chief
By: Fridley Rec. & 3ervice Co. Health Inspector
By: Erling Edwards
By: PDQ Food Stores, Inc.
By: Wm. B. Fields
By: Joseph Van Bockel
Police Chief
Health Inspector
Police Chief
Health Inspector
Building Inspector
Building Inspector
Masonry
Albin L. Katzner Cement Co.
11137 Arrowhead St. N.W.
Coon Rapids, Minnesota By: Albin L. Katzner Building Inspector
MOTION by Councilman Kelshaw to approve the licenses as submitted. 5econded by
Councilman Harris. Upon a voice vote, all ayes, Mayor Kirkham declared the
motion carried unanimously.
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REGULAR COUNCIL NLEETING OF APRIL 19, 1971
COMMUNICATIONS:
PAGE 18
C. SOHN E. CASSERLY: REQUEST FOR A BUILDING PERMIT TO ALLOW A SINGLE FAMILY
HOME ON A SUBSTANDARD LOT:
NOTE: This item was taken as Mr. Casserly was waiting in the audience.
Councilman Liebl said that Mr. Casserly called him asking what procedure to follow,
and he advised him to write to the Council explaining his position. His letter
is found on Page 77 of the Council Agenda.
Mr. Casserly said that he lived in that house up until 1965 when it was hit by the
tornado. By the time the insurance was settled there was not time to rebuild and
he bought another house at 5965 Sth Street. The land has been for sale with Rose
Real Estate and they advised him not to pay the taxes which he has not done for
the past thxee - four yeaxs. The 1ot has not sold hecause it is so small. He
felt, why pay the taxes if he cannot build. He said he lived in that house from
1958 to 1965 and after a.t was hit by the tornado, it was torn down. Rose Real
Estate has proposed they would have a house built and after the house is sold, he
would get his money for the land. He said he 7ust wanted to get rid of the
property.
Councilman Harris asked the size of the property. Mr. Casserly said 64' X 80'
deep. Mayor Kirkham commented that this is 5120 square feet and the City Engineer
added that this is about '� of the normal standard size 1ot. Thexe is a double
� bungalow on the easterly '� of these two lots.
The City Engineer asked Mr. Casserly if he has tried to sell the land to go with
the double bungalow. Mr. Casserly said that that double bungalow seems to be
resold every year.
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Councilman Liebl explained that a normal lot is 9,000 square feet and for anything
less, he should go before the Board of Appeals. Councilman Harris co:n[nented that
the douhle bungalow is also on a substandard lot. The City Engineer said that he
thought that the double bungalow was placed on the lot in 1956.
Councilman Harris said that the procedure available to him is to apply to the
Board of Appeals as the initial step. The Council would not want to act before
it is heard at the Board of Appeals Meeting. He then explained the procedure.
FIRE SERVICE RECOGNITION DAY PROCLAM7ITION:
Mayor Kixkham proclaimed May 8, 1971 Fire Service Recognition Day.
MOTION by Councilman Liebl to concux with the Mayor's proclamation. Seconded by
Councilman Kelshaw. Upon a voice vote, all voting aye, Mayor Kirkham declared
the motion carried unanimously.
APPROVAL OF NORTH SUBURBAN MUTUAL AID ASSOCIATION AGREEMENT:
The Fire Chief said that the only change is that the $25 servioe charge has been
dropped. Some communities had been collecting it and some had not. It was only a
token charge, any,�ow, a normal call costs about $100. The only possible thing bad
about this contract would be if some community calls Mutual Aid rather than their
own Fire Department, rt could become costly. I3e said that if there is any problem,
he would bring it back before the Council.
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REGULAR COUNCIL MEETING OF APRiL 19� 1971
PAGE 19
MOTSON by Councilman Harris to approve the North Suburban Mutual Aid Association
Agreement. Seconded by Councilman Kelshaw. Upon a voice vote, all voting aye,
Mayor Kirkham declared the motion carra.ed unanunously.
RECEIVING THE MINUTES OF THE BUILDING STANDARDS - DESIGN CONTROL SUBCOMMITTEE
MEETING OF APRIL 6� 1971:
CONSIDERATION OF A REQUEST TO CONSTRUCT A 4 STALL GARAGE FOR AN APARTMENT
BUILDING LOCATED ON LOT l� BLOCK l, ERCO'S 15T ADDITION� THE SAME BEING
6550 - 56 CENTRAL AVENUE N.E., ERIDLEY� MTNNESOTA. (REQUE5T BY WILLIAM
ZAIER, 6556 CENTRAL AVENUE N.E., FRIDLEY, MINNESOTA):
The City Engineer reported that the Building Board recommended approval, sub�ect
to their stipulations.
MOTION by Councilman Liebl to concur with the Building Standards - Design Control
Subcommittee and approve the building permit for William Zaier sul�7ect to the
Board's stipulation. Seconded by Councilman Breider. Upon a voice vote, all
voting aye, Mayor Kirkham declared the motion carried unanimously.
RECEIVING THE MINUTES OF THE PLANNING COMMISSION MEETING OF APRIL 7� 1971:
1. PROPOSED PRELIMINARY PLAT, P.S. #71-01� SILVER OAKS WE5T, BY KEITH FIARSTAD:
Part of Lot 7, Auditor's Subdivision #22 (Rice Creek Road and Stinson
Boulevard - approxa.mately 1'� acres)
MOTION by Councilman Liebl to set the Public Hearing date for May 10, 1971 for
the preliminary plat, Silver Oaks West. Seconded by Councilman Breider. Upon
a voice vote, all voting aye, Mayor Kirkham declared the motion carried
*** See unanimously.
#2 below
3. AN ORDINANCE AMENDING AND RECODIFYING CHAPTER 46 OF TAE FRIDLEY CITY CODE
KNOWN AS TAE BUILDING ORDINANCE: (1970 Uniform Building Code)
The City Engineer reported that the Ordinance is presented in the Agenda. The
Planning Commission has reviewed it and they recommend approval, except the section
which was adopted by the City Council by Ordinance in 1967. On Page 41, in regard
to sheathing it states: "All walls between attached garages and frame buildings
shall have sheathing extending from top plate to bottom plate". This is to give
additional separata.on in the event the sheet rock is broken. After discussion,
the Council felt that this section should be left in.
MOTION by Councilman Kelshaw to approve the Ordinance as submitted on first reading
and waive the reading. Seconded by Councilman Liebl. Upon a roll call vote,
Kelshaw, Kirkham, Liebl and Breider voting aye, Mayor Kirkham declared the motion
carried. (Councilman Harris was momentarily out of the room)
CONSTDERATION OF APPROVING A CHANGE ORDER #2 FOR IMPROVEMENT PROJECT #95-B:
MOTION by Councilman Liebl to approve Change Order #2 for Improvement Pro7ect
#95-H. Seconded by Councilman Kelshaw. Upon a voice vote, all voting aye,
Mayor Kirkham declared the motion carried unanunously.
*** 2. LOT SPLTT REQUEST: L.S. #71-04, BROOKVIEW INVESTNIENT CO. REPRESENTED BY
VIRGIL HERRICK: Part of Lots 2& 3, Auditor's Sub. #59, to provide a new
building site off 63rd Avenue.
MOTION by Councilman Liebl to approve the lot split L.S. #71-04 by Brookview
Investment Co. Seconded by Councilman Breider. Upon a voice vote, all ayes,
Mayor Kirkham declared the motion carried unanimously.
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REGULAR COUNCIL MEETING OE APRIL 19, 1971 PAGE 20
RECEIVING SIDS AND AWARDING CONTRACT FOR STREET IMPBOVEMENT PROJECTS ST. 1971-1
AND ST. 1971-2:
Planholder
Arcon Const. Co.� Inc
Mora, Minnesota
Bury & Carlson, In.
6008 Wayzata Boulevard
Minneapolis, Minn. 55416
�
Dunkley Surf. Co., Inc.
3756 Grand Street N.E.
Minneapolis, Minn. 55421
Hardrives, Inc.
10135 Central Ave. N.E.
Minneapolis, Minn. 55433
C.S. McCrossan, Inc
Box 336
Osseo, Minn. 55369
Bid
Deposit Base Bid Completion Date
Traveler Ind. $194,520.45
Co. Hartford,
Conn. So B.B.
Am. Casualty Co. $195,361.44
5� B.B.
Cap. Ind. Corp. $200,519.99
5°s B.B.
St. Paul F & M
Sa B.B.
U.S. F1d. &
Guaranty Co.
5% B.B.
Minn-Kota Excavating, Inc. U.S. Pacifa.c
3401 S5th Ave. No- Ins. Co.
Minneapolis, Minn. 55429 5� B.B.
$188,379.72
$192,730.57
$207,764.87
H.J.A. Const. Co. U.S. Fld. & $217,238.78
7400 W. Oxford St. Guaranty Co.
St. Louis Park, Minn. 5% B.B.
Sept. 15, 1971
Sept. 15, 1971
Sept. 15, 1971
Sept. 15, 1971
As specified
Sept. 15, 1971
Sept. 15, 1971
The City Engineex said that he was happy to xeport that the bids were 200 less
than he expected. The low bidder was Hardrives, Inc.
MOTION by Councilman Kelshaw to award the bid for Street Improvement Pro�ect St.
1971-1 and St. 1971-2 to Hardrives, Inc. in the amount of $188,379.72. 5econded
by Councilman Liebl. Upon a voice vote, all voting aye, Mayor Kirkham declared
the motion carried unanimously.
AUTHORIZATION OF ADVERTISEMENT FOR BI➢S - TOWING SERVICE:
MOTION by Councilman Liebl to authorize the advertisement for bids for the towinq
service for the City of Fridley. Seconded by Councilman Kelshaw. Upon a voice
vote, all voting aye, Mayor Kirkham declared the mota.on carra.ed unanimously,
CLAIMS:
MOTION by Councilman Kelshaw to approve payment of General Claims #24902 through
� #25001 and Liquor Claims #5497 through #5560. Also to authorize payment of the
March retainer for Weaver, Talle and Herrick in the amount of $1945. Seconded
by Councilman La.ebl. Upon a voice vote, all voting aye, Mayor Kirkham declared
- the motion carried unanimously.
:�i `�
REGULAR COUNCIL M�ETING OF APRIL 19, 1971
ESTIMATES:
Comstock and Davis, Inc.
Consulting Engineers
1446 County Road "J"
Ma.nneapolis, Minnesota 55432
For the furnishing of resident inspection and resident
supervision for the staking out of the following
construction work:
PARTIAL - Water Improvement Pro�ect No. 95, Schedule B
from March 1 through March 27, 1971
PARTIAL - Sanrtary Sewer and Storm Sewer Improvement
Pro7ect #100 from March 1 through March 27, 1971
PAGE 21
$2,002.11
$ 147.27
MOTION by Councilman Harris to approve payment of the estimates as submitted.
Seconded by Councilman Liebl. Upon a voice vote, all voting aye, Mayor Kirkham
declared the motion carried unanimously.
REVIEW OF FIVE YEAR SIDEWALK PROGRAM AND EVALUATION OF POLICIES FOR ASSESSMENT:
Councilman Harris said that he felt that this item should be reviewed in an
executive session of the Council and asked that it not be put on the Agenda
until the Council so orders.
MOTION by Councilman Harris to table this item. The motion was seconded and upon
a voice vote, all voting aye, Mayor Kirkham declared the motion carried
unanunously.
CONSIDERATION OF ARBITRATION AGREEMENT WITH ST. WILLIAMS CHURCH:
MOTION by Councilman Harris to receive the arbitration agreement with St. Williams
Church as written by the City Attorney. Seconded by Councilman Liebl. Upon a
voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously.
COMMUNICATIONS:
A. NORTHERN STATES POWER: INCREASED ELECTRIC RATES:
MOTION by Councilman Kelshaw to receive the communication from Northern States
Power Company dated April 7, 1971. Seconded by Councilman Harris. Upon a voice
vote, all voting aye, Mayor Kirkham declared the motion carried unanimously.
Councilman Liebl reported that the poles are now being moved.
B. SIERRA CLUB: RESOLUTION RE: DIIRNAM ISLAN➢:
MOTION by Councilman Kelshaw to receive the communication from the Sierra Club
dated April 10, 1971. Seconded by Councilman Liebl. Upon a voice vote, all
voting aye, Mayor Kirkham declared the motion carried unanimously.
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REGULAR COUNCIL MEETING OF APRIL 19, 1971 PAGE 22
D. GEORGE SETTLE AND LEONARD JUSTER: REQUEST ASKING INSTALLATION OF WATER AND
SEWER AN➢ STORM SEWER DRAINAGE ON PART OF SECTION 3. T-30, R-24 IN FRIDLEY:
MOTION by Councilman Kelshaw to receive the communication from Charles Settle and
Leonard Suster dated April 18, 1971. Seconded by Councilman Breider. IIpon a
voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously.
ADJOURNMENT•
There being no further business, Mayor Kirkham declared the Regular Council Meeting
of April 19, 1971 ad7ourned at 11:35 P.M.
Respectfully submitted,
`�����"�,��`,
Juel Mercer
Secretary to the City Council
.i . ��,1� �'
i
? \.Z,,,!r�,�
�Jack O. Kirkham
� Mayor
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