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07/19/1971 - 00018009X ��(� THE MINUTES DE THE REGULAR COUNCIL MEETING OF JULY 19� 1971 � PLEDGE OF ALLEGIANCE: Mayor Kirkham led the Council and the audience in saying the Pledge of Allegiance to the Flag. INVOCATION: Reverend Bergren, Redeemer Lutheran Church, offered the Invocation. Mayox Kirkham called the Regular Council Meeting of July 19, 1971 to order at 7:50 P.M. ROLL CALL. MEMBERS PERSENT: Kirkham, Liebl, Harris, Breider, Kelshaw MEMBERS ABSENT: None ADOPTION OF AGENDA: Mayor Kirkham said that there was a general contractor license to add for G& M Construction to �the Lacenses and Resolutaons from the Finance Director � directing publication of hearing on the assessment rolls for SW #100, St. 1970-1, St. 1970-2 and St. 1970-4. MOTION by Councilman Kelshaw to adopt the Agenda as amended. 5econded by Councilman Breider. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously. VISITORS: Mrs. Harry Holmberg, 5765 Main Street N.E.: Petition #17-1971: (A request that Lot 21, Block 10, Hyde Park Addition located on the lot to the north of 5917 2nd Street, be transferred from the State of Minnesota to City of Fridley to be used as a park) Mrs. Holmberg said that their petition was received last week at the Council Meeting, and asked if anything has been done about it. The City Manager said that he had gone out with the Parks and Recreation Director and surveyed this lot along with the two other lots she mentioned at the meeting, but they have not completed their analysis and are not ready to suhmit a report. He said she would be advised if their request is not on the next Council Agenda. Mr. William Hoffmann 690D Hickory Drive N.E,: Camp Lockeslea: Mr. William Hoffmann said that he had the following petition to be received ' by Council which had 91 tax payers names on it. He then read the petition aloud and said they represented $150,000 in taxes to the community and were all people that live in the immediate vicina.ty. :�-� i e"i d REGULAR COUNCIL MEETING OF JULY 19� 1971 PAGE 2 � PETITION #20-1971 - IN OPPOSITION TO THE USE OF CAMP LOCKESLEA AS A T.RIINSIENT YOUTH SHELTER: MOTION by Councilman Harris to receive Petition #20-1971. Seconded Uy Councilman Kelshaw. Upon a voice vote. all vota.ng aye, Mayor Kirkham declared the motion carried unanimously. NOTE: The Council noted that the attorney for Item �1 (PUblic Hearing for Special Use Perma.t for Skelly Oil Co.) was not yet present, so they would come back to this item when he arrives. PUBLIC HEARING ON ON-SALE LIQUOR LICENSE TO GEORGE NICKLOW FOR 3710 EAST RIVER ROAD: Mayor Kirkham read the public hearing notice aloud and asked the audience if anyone wished to be heard, with no response. MOTION by Councilman Kelshaw to close the public hearing on the on-sale liquor license for George Nicklow. Seconded by Councilman Liebl. Upon a voice vote, all voting aye, Mayor Kirkham declared the hearing closed at 8:00 P.M. OR➢INANCE #482 - A REZONING ORDINANCE ZOA #71-04, TO REZONE TAE AREA FROM M-2 TO C-2, BRYANT INVESTMENT COMPANY, WILZIAM SARBUSH: (Area along University Avenue South of S3rd Avenue) Councilman Harris said that it was his understanding that upon the second reading of the rezoning ordinance, the deeds can be exchanged and the challenge on the remaining property wi11 be dropped. The Finance Director said yes, this is what their attorney agreed to. Councilman Harris asked if the City had funds to acquire the Barbush park property. The Finance Director said they had the financial proposal worked out last year. There a.s enough in the budget to pay for the City share for the first and second application. The City has alreacly received the State's share for the first phase. MOTION by Councilman Harris to adopt Ordinance #482 on second reading, waive the reading, and order publication held until the deeds have been submrtted and the details for the transfer of park property have been completed. Seconded by Councilman Breider. Upon a roll call vote, Breider, Kelshaw, Kirkham, Liebl and Harris voting aye, Mayor Klrkham declared the motion carried unanimously. Counca.lman Liebl suggested that the Ordinance for the sale o£ the property at 3710 East Ittvex Road be taken up so that Mr. Nicklow and Mr. Ra11is could leave the Meeting. FIRST READING OF AN OR➢INANCE RELATIS3G TO THE SALE OF THE PROPERTY AT 3710 EAST RIVER ROAD: � The City A�torney said that preva.ously there was an agreement between tfie Crty and the proposed buyer. Al1 the terms have been sgreed to. According to the City Charter the sale of property has to be by Ordinance. Councilman Harris asked if the legal description included the exception of the property the City still wants to hold. The City Attorney answered yes, there is also an easement the City wanted. i �� � REGULAR COUNCIL NIEETING OF JULY 19, 1971 PAGE 3 MOTION by Councilman Liebl to approve the Ordinance on first reading and waive the reading. Seconded by Councilman Harris. Upon a roll call vote, Liebl, Harris, Breider. Kelshaw and Kirkham voting aye, Mayor Kirkham declared the motion carried unanimously. ORDINANCE #483 - RELATING TO CONSTRUCTION OF AUTOMOTSVE SERVICE STATIONS AMENDING SECTION 45.01, SUSDIVISION B, P1IRAGRAPH 3, SUSPARAGRAPH E: MOTI6N by Councilman Harris to adopt Ordinance #483 on second reading, waive the reading and order publication. Seconded by Councilman Breider. Upon a roll call vote, Kirkham, Liebl, Harris, Breider and Kelshaw voting aye, Mayor Kxrkham declared the motion carried unanimously. ORDINANCE #484 - AMENDING AND RECODIFYING SECTION 45.19 RELATING TO SPECIAL USE PERMITS: MOTTON by Councilman Liebl to adopt Ordinance #484 on second reading, waive the reading and order publication. Seconded by Councilman Kelshaw. Upon a roll call vote, Harris, Breider, P.elshaw, Kirkham and Liebl voting aye, Mayor Kirkham declared the motion carried unanimously. VISITOR: Mr. Walter Galay, 5329 5th Street N.E.: Alley from 53rd to 54th Avenue Between Sth Street and 6th Street: Mr. Galay asked what was to be done with the alley where he lives. In the winter time he will not be able to get out. He was told by the Inspection Department that alleys are the last to be plowed. He cannot go to the north because of a ditch that was made, and he cannot afford to lose work because he cannot get his car out of the alley, Mayor Kirkham said as to snowplowing, alleys have the last priorrty. Council- man Liebl said that he believed the alley had been graded up to two homes, The City Engineer said that the improvement of the alley was taken out at the request of the property owners. There was water that could not drain out, The alley was graded to get the water to drain tow�d 53rd Avenue. Councilman Liebl said that there was a low spot in the back yards. Mr. Galay asked why the alley was not finished. Councilman Liebl asked zf he wanted the alley to go through and Nir. Galay replied certainly. Councilman Liebl said that the Council held a big public hearing last year. It seemed that it was �mpossible to put the alley throuqh. Many other people that would pay did not want the alley open. Mayor Kirkham asked Mr. Galay to work with his Councilman, and Councilman Liebl said that he would contact Mr. Galay this week. OF ESTABLISHING A KIDDIE PARK AT 53RD AND 5TH �.TION TO MECHANICSVILLE• (Petition 19-1971 Received 7-12-7 Councilman Harris said, in discussing parks for this area, that in talking wrth the Highway Department, there was an agreement that they would move their fence c2ose to the easterly edge of the highway right of way, releasing about � � � i �; �i REGULAR COUNCIL MEETING OF JULY 19, 1971 PAGE 4 � 20 lots or portions of lots that the City could use. The City would have to pay the expense of moving the fence. This is in Block 12 and the City Engineer pointed out the area on the screen for those interested persons in the audience. By moving the fence, the area would make available a con- siderable park facility. He felt that would be more advantageous than a small park in Block 14. Mayor Kirkham said he would agree, it would be less expensive and better located. Mr. Gary Novak, 5315 4th Street N.E., said that the lots they had requested be made into a park in Block 14 would be more centrally located. This would mainly be for parents of children living in the bloak. There are many small children. The small children 7ust cannot cross 7th Street. Miss Terry Otten representing her parents at 5311 4th Street, said there was so much traffa.c on University Avenue and many small children do not know how to cross a busy street. Mayor Kirkham said that no one in the area would have to cross University. It was pointed out that the fence would be along University Avenue providing addrtional protection. Mr. Novak asked what this would cost. Mayor Kirkham said he did not know, the Finance Director added that there are special assessments on the three lots in Block 14 amounting to $3,132. Councilman Harris asked if these were 40' lots. The Finance Director said yes, and added that the area would be about 120' X 130'. Councilman Liebl said these people are talking about a kiddie park. They � also added in their petition that under no circumstances did they want another apartment house. He said he had this put on the Agenda for discussion. He has talked to some of the people about the land that could be made avail- able in Block 12. Mr. Novak wondered if that would be permanent. It seems the Highway Department is always changing their highways. Miss Otten said that the park in Block 12 would be fine for the older children, but with the lots in Slock 14, the mothers could supervise their young children. They would be able to see their children from their homes on the block. Mr. Novak said that these lots already belong to the State. Mayor Kirkham pointed out that the City would still be obligated to pay the assessments of over $3,000. Councilman Harris said that some time in the past there was talk of expanding Jay Park. He felt that it would be of benefit to involve the Parks and Recreation Commission as far as what they feel they can handle as to care and needed equipment. The City Manager said that he understood this has been before the Parks and Recreation Commission and they forwarded it to the Council with no recommendation. In talking with the Parks and Recreation Director, his comments were that he was interested in parks of a larger size to get better utilization. It seems that with the parks built for smaller chlldren, the bigger children drive them off with their ball playing etc. He pointed out the close proximity of the park on 7th Street. He said it was his impression in looking over the City that there were other areas con- siderably more void of any facility. He added that an evaluation should be made. Councilman Harris added, as to smaller parks, there is a small park on Altura and last summer there were people in complaining of ball playing and � in the wintertime, hockey. It is true that the bigger children take over the small parks and the little ones do not have a chance. Miss Otten said that they would have to wait for the park by the freeway. There are not any teen age or bigger children in this area, they are all 10 years old or younger. Councilman Harris said he wanted to give these people 1 t) 0 REGULAR COUNCIL MEETING OF JULY 19, 1971 PAGE 5 the benefit of their knowledge through past experiences. The smaller parks � are the worst in keeping for their intended use. The smaller children �ust do not get the benefit of the park designed for them. He would like to see the larger parcel developed, the City would end up with a better park for everyone. Mr. Richard Byers, 5300 5th Street N.E., said that there would still be the trouble with the bigger children. The City Manager said that with a bigger parcel of land there would be more room for the activities that the older children would be interested in, such as laall playing. Councilman Liebl said that he would like to have the Parks and Recreation Commission give their recommendation to the Council. This is their duty. He asked that it be placed on the Commission's next Agenda and asked that these people interested in this park be psesent to present theix axguments. MOTION by Councilman Liebl to refer this request to the Parks and Recreation Commission and the Administration for their recommendation to Council. Seconded by Councilman Kelshaw. Councilman Harris said that there was a statement made that there were no older children in the area, but these small children will grow up and these same people will be back before this Council, or subsequent Councils and they will want a baseball field and a hockey rink. This Council is going to have to work something out to get a larger area. Mr. Novak said that there were a lot of multiple dwellings in the area and thexe tends to be a lot of smaller children. He said he was afraid the lots would be sold before the � City makes a determination. The City Attorney said that all tax forfeit lots are red tagged and are not approved for sale until the Council approves it. Miss Ottem saa.d that these lots are not taken care of. She would like to have the grass and weeds cut. People throw their garbage in there and the residents get tired of picking rt up. Mr. Novak added that it has been cut by the City once this year. Councilman Harris asked that the Weed Inspector be sent out. Councilman Kelshaw added that there is tax money allocated for the Weed Contractor, but the City has had a problem with this service. He lost some of his equipment and there has been a lot of rain. He suggested that if they want a park in the immediate vicinity where the mothers can supervise, that the parents get together with lawn mowers and rakes and clean it up. He saa.d he was �ust offering this as a suggestion. He said we are all neighbors and have to work together. In Minnetonka the parents got together and put in a trail. He was not saying they should do this, but was �ust suggesting they try to work together and do something for each other. Ae said the City already has the word of the Highway Department that we could use that part of Block 12, if the City pays the cost of moving the fence. He commented that it would be more fun if everyone would work together. Councilman Liebl said that Mr. Cliff Rogers has cut these lots many times. It was pointed out by the audience that the lots are rough and need leveling. Mayor Kirkham said that if there was no ob7ection by the State, they could get a blade to level it off if that would be of any assistance. He asked that the City crews take a look at it. TFIE VOTE upon the motion, being a voice vote, a11 voting aye, Mayor Kirkham , declared the motion carried unanimously. � :)� REGULAR COUNCIL MEETING OF JULY 19, 1971 PAGE 6 � PUBLIC HEARING GN SPECIAL U5E PBRhfIT SP #71-G8, REQUEST BY C.W. ROLLMF�N FOR THE SKELLY OIL COMPANY ON THE SOUTHEAST CORNER OF EAST RIVER ROAD AND 79TH AVENUE: Mayor Itirkham read the public hearing notice aloud for the bene£it of the audience. Mr. 5pencer Sokolowski, Attorney for the applicant, said that £a.rst he would like to appologize for being late, he had just come from the Caprtol. He said they had requested this heariny l�efore the Council on the special use permit. The land is located at 79th Way and East ltiver Road and is 314' X 280' and has been zoned C-2S sinca 1955. Prior to April, 1969 a gas station could have been built without a special use permit. Now there is a special use permit required on property in an industrial ax'ea. Just immediately south and east of this proparty Nir. Fudali and Associates have an apartment complex. The apartment complex was also zoned a.ndustrial until it was resoned, In 1963 5upex America owned the pxopexty and a construction permit was issued to them. At that time there was no termination date on the permit. Mr. Falkenstein purahased the property in October and negotiated with Supex America. They cheeked with the City Engineex to determine whethex a special use pezmit was xequired and his understanding was that there was not one required. This tract of land is ideally situated for a service station. Ae said he had a letter fsom Mr. Dyer with Super America that at the tune the apartment complex was constructed he put up a Foz Sale sign (1968), and never � received any inquiries. When the apartment complex went in,n.is client did not appeaz to object, although the use was changed from commercial to xesidential and did have an adverse affect on their property. The gaxages have been con- structed so the backs of the gaxages axe facing their propexty. He pointed out there has been a petition filed that shows the neighboss are in fav4r of this use. He felt this use would be an asset to the Citp of Fridley. Ms. Sokolowski continued that Ske11y Oil Company is agxeeable to using brick on the building so that it will be compatible wLth the apartment complex. He would also assure the residents there would be no glare from the lights. He said Skelly wanted to be a good land ownex_ Another ob�ection voiced by one of the land owners was that she would lose tenants, but six o£ her seven tenants have signed the petition in favor of the proposed use. The lights will be mod.ified so that there is no glare to cause a disturbance to the neiqh]aors. He felt that because thexe was a buildinq permit issued in 1963 and because there was no tezcaination date, that permit was still valid. He emphasized that he felt that this property would lend itself to such a facility. As far as traffic is concerned, they would agree to provide an easement for a strip parallel to East R�.ver Road for a turning lane, so there would be no traffic problems with East River .Road. Counca.lman Breider said he was not quite sure why Skelly Oil Company feels this is a good site. The City of Eridley went on record throuqh a resolution sent to AnOka County in favor of reducing traffic on East Ra.ver Road. Shere is a Standard Station just to the north of this site that is no longer occupied. � Why is there a good ltkelil'iood this station will succeed when Standard failed? Mr. Sokolowski said that there were plans to widen Mississippi Street which would affect the Skelly Station on Mississippi Street and East River Road. He said that he understood that 79th Avenue will connect with T.H. #47, so this would make a qood intersection_ There would be traffic travellang both north and south, and east and west. Also, the area is populated and they could ��� REGULAR COUNCIL MEETING OF JULY 19, 1971 PAGE 7 draw their customers from the neighbors in the area. Mr. Sundberg, Real � Estate Agent for Skelly Oil Company, agreed these were the reasons why it would be a good site. He pointed to the heavily populated areas and the proposal to put 79th through to T.H. #47. Councilman Liebl asked the City Attorney i£, sinr_e the City issued a building perm�t many years ago, is it bound by it? Over the past 6- 7 years the Council has changed their requirements a great deal, espc-cially for gas stations. The City Attorney said that he would think that a caurt would probahly hold that a special use permit a.s required at this time. Councilman Liebl said that there was a building permit issued for this property but they never took advantage of it. How long would that permit be valid? The City Attorney said that if the permit did not carry an expiration date, he would assume it would be valzd for a reasonable amount of time. He did not believe seven years would be ruled a reasonable amount of time. Mr. Larry Miller, 7889 Firwood Way N.E., said that he lived directly west of this tract of land. He was at the Planning Commission meetxngs and was opposed to the development of a gas station. He felt there would be more traffic on East lZiver Road. This is a residential area, with both single family dwell.ings and multiple dwellings. The petition was brought around when �ust the women were home and the men were at work, Many of the men were angry because their wives signed the petition. He did not feel that petition was valid. xe said that he was very much opposed to this gas station, and � pointed out that there was a Standard Station standing empty just a few blocks north of there. Mayor Kirkham said he was speaking neither for or against, but he did want to point out to the audience that this station was meant to replace the one on Mississippi Street and East River Road. Mr. Miller said that Fridley already has enough gas stations� espeoially on East River Road. Mr. C.J. Fischer, 7897 Pirwood Way N.E., said he was a neighbor of Mr. Miller, and wanted to say that they had a nice residential neighborhood, and he wanted to keep it that way. Mr. Richard Fudali, Attorney for Five Sands, said that he and Ken Nordling are the owners of the 17 acre parcel of land directly to the south. They have 120 units about to be completed and soon they will be constructing another 180 unrts. The units are being accepted readily, and they feel they will have one of khe finest apartment complexas in Fridley. He said he was here to ob7ect to the development of the property for a gas station. Mx. Sokolowski mentioned this being an industrial area, but that is simply not true. It is solidly residential to the west with $3D,000 -$40,000 homes. To the north are multiple dwellings, and to the south are his multiple units. This property is completely surrounded with residential property of different densities. The City must be more protective toward these residents. There are ordinances designed to regulate gas stations. There are five filling stations within a mile. He questioned what would happen if they Sell and some cut-rate station were to come Yn. There are local type uses and community I type uses of property. Gas stations are a community type use. Gas stations should be centered in commercial areas. This is an island and should be devoted to local use, such as some type of clinic, office building or a food store, so that the 600 people living in his complex could walk to it. A gas � t� :� REGIILAR COUNCIL MEETING OF JULY 1.9, 1971 pAGE 8 � station would be a wmmunity type use wi�h people stopping in and movinq on. He said he felt that th.is was not the ideal location, and pointed out that all you have to do is look at the Standaxd Station out of business. Aesthetics and community welfare go hand in hand. TheiY complex is well over $3,00�,000. A11 you have to do is look at a filling station a£ter 3- 4- 5 years and see that the aestheta.cs are poor, regardless of what is promised at the time the permit is issued. He felt that a gas station on this coxner would be a great liability to his apartment complex. Nlr. W. Jacobson, 121 79th Way N.E., said that he agreed with everything Mr. Fudali said. This area is predominantly residential. A gas station in the middle of this residential area is not appealing. He added he would be very opposed to a filling station, Mr. Sokolowski said as he goes down East Etiver Road from north to south he has noticed large industrial buildings. This is what he referred to. Five Sands say they will sustain a great financial loss, but nobody ever contacted them in regard to makinq use of this lot. They provide buffers, yet the backs of the garaqes face their property. M�TION by Councilman Harsis to close the public hearing on the special use permit request SP #71-08, Skelly Oil Company. Seconded by Councilman Kelshaw. Upon a voice vote, all voting aye, Mayor Kirkham declared the hearing closed at 9:00 P.M. � FIRST READING OF AN ORDINANCE FOR VACATION RE4UEST SAV #69-03 BY BURLINGTON NORTHERN� OF AN i1TI,EY AND TWO STREETS IN BLOCK 6, BERLIN AD➢ITION: MOTION by Councilman Harris to approve the Ordinance on first reading and waive the reading. Seconded by Councilman Liebl. Upon a roll call vote, Breider, Kelshaw, Kirkham, Liebl and Harris voting aye, Mayor Kirkham declared the motion carraed unanimously. FIRST READING OF AN ORDINANCE FOR VACATION REQUEST SAV #71-03� RICHARD MILLER HOMES, INC., TO VACATE McKINLEY STREET SOUTH OF THE SOUTH LINE OF RTCE CREEK ROAD AND A SIX FOOT UTILITY AND DRAINAGE EASEMENT DESCRISED AS THE SOUTH SIX FEET OF LQT 3, COCHRAN'S AI]DSTION: MOTION by Councilman Kelshaw to approve the Ordinance on first reading and waive the reading. Seconded by Councilman Liebl. Councilman Liebl asked Mr. Miller if he was willing to put the money into escrow for the storm sewer. Mr. Miller said he would prefer that the storm sewer be put in. Councilman Kelshaw asked if he would be willing to put in ha.s portion of the sto�m sewer system, pay for it, and any work left to be done, escrow that amount. Mr. Miller said yes, he would be willing to pu�. an the storm sewer along Benjamin Street. This would serve other property besides his own. He would like to get credit for that and escrow the rest. Council- man Liebl wanted to make certain Mr. Miller understood that he would be � assessed for both ]aterals and mains. THE VOTE upon the motion� beinq a roll call vote, Liebl, Harris, Breider, Kelshaw and Kirkham vo�.inq aye, Mayor I�irkham declared the motion carried unanimously. � �)4 REGULAR COUNCIL MEETING OF JULY 19, 1971 PAGE 9 CONSIDERATION OF FINAL PLAT P.S. #71-03, BRIARDAI,E� BY RICHARD MILLER HOMES� � REPLAT OF LOTS l, 2� 3� BLOCK 3 Affil OUTLOT 1& 2, COCHRAN'S ADDITION: MOTION by Councilman Harris to approve the final plat presented by Richard Miller Homes, Briardale, P.S• #71-03. Seconded by Councilman Liebl for discussion. Councilman Harris asked if the lots meet the minimum area requirements. The City Engineer said that there are six lots where the front footage is slightly smallPS tl�anrequired, but they do meet the area xequirements, This plat does involve inherent problems, as there is the drainage problem in this area. Shere is no outlet available, and more development will accentuate the drainage problem there is now. He would recommend putting in the complete system, but if not, and the Council approves the plat, he would suggest red tagging 5 lots for a ponding area until the outlet is available and the complete system is put in. He said he would like to have the grades raised from what is proposed for ease in putting in the sanitary sewer services. He said he would also recommend the developer put $800 per lot in escrow for storm sewer development, less any credit he may have coming for portions of the system put in. He said he wanted to emphasize that unless the storm sewer system is ordered in, this is only a patchwork type of system. Councilman Liebl said that B1r. Jensen has worked out the sewage system with the Administratzon. He said, if he recalled correctly, the Planning Commission recommended holdzng three lots on 62nd Avenue for temporary storage of water. � He asked why the City Engineer is recommending five lots be held. He said he did not want to see the grade lowered, and he wanted to be sure that the $8D0 per lot was put in escrow for the storm sewer. The City Engineer said that the recommendation that three lots be held was his, not the Planning Commission's, but after closer study, he felt that five lots would be more realistic. He said he was not sure the City could live with this drainage problem for any length of time. If the whole property is g�ing to be developed, the system may be needed next year. Councilman Liebl said he wanted to make certain the $800 per lot was adequate. The City Engineer said if the �rhole storm sewer system was put in this year, the assessment would be around $700. They requested $800 in aase it was built next year, it should stzll be adequate to cover the cost. If the system is delayed further the $800 will not be adequate to cover the costs, and they will need more money. Councilman Lierl asked if the storm sewer system design will adec�uately handle the water for this amount of money. The City Engineer pointed out to the Council that this property now under discussion is �ust a very small portion oP the total storm sewer district. AUout $40,000 will be Nlr. Miller's contributxon, but the total project is about a million dollars. Councilman Liebl said that it was very important to be sure that the $800 the City is requixing to be put in e�crow will cover the cost if the total pro7ect is puf in. The City Engineer said it would, if put in this year or next year. Mayor Kirkham said that it was nnfair to expect the City Engineer to guarantee the prices given. Councilman Kelshaw said that what he is about to say may be out of line, but ' he must say it. Here we have a developer coming into this area who wants to develop the land he owns. He is going to have problems because there is no storm sewer. I3e said he could not see how the City could penalxze a developer { r i e� REGULAR COUNCIL MEETING OF JULY 19, 1971 PAGE 10 � by taking his land and putting in a holding pond for that area. This has happened not only with this developer, l�ut others as well. This system is badly needed as the City Engineer says. He said he had been through this situation with several residents in this area who have had flooding problems and he keeps hearing the comment that nothing will be done this year because it is election year. He said he was the youngest on the Council, and perhaps naive, but he was elected to do what is right by his people. Eight years ago the cost would have been $200 now it is ovex $6D0 per 10,000 square Eeet. It has been said that money was a lot harder to come by then but interest rates wexe not what they are now. The cost of lahor and materials is much higher now. He said he could not see how this situation could be continued, and he would be ready to make a motion to au�horize the City Engineer to work up this pro7ect. He said he would meet with the people on an individual basis and educate them as to the reasons for the need for the storm sewer, but he would need figures to present. Mayor Kirkham said he appreciated what Councilman Kelshaw is �aying, but a motion at this time would be out of order. If he wished, it could be put on the Agenda. What is proposed for the developer is in order, the land was not producing anything, but now there is a developer willing to stage his constxuction so he would be in a positzon to pay it o££. He is willing to designate land for a temporary ponding area so the rest of the land will be producing. The money put in escrow by the developer is to protect the buyer when the storm sewer does go in, , MOTION AMENDED by Couttcilman Harris, with the agreement of the seconder, Councilman Liebl, that the developer sign an agreement containing the terms - expressed by the City Engineer. Ugon a voice vote, &xeader, Kirkham, Liebl and Harris voting aye, Ke�lshaw voting nay, Mayor Kirkham declared the motion carried. CONSIDERATION OF CONCEPT APPROVAL FOR RELOCATION OF DUNKLEY SURFACING PLANT ONTO BURLINGTON NORTHERN PROPERTY AI,ONG EAST RIVER ROAD JUST NORTH OF pARK CONSTRUCTION COMPANY: Councilman Liebl asked of Mr. Dunkley, if they would be moving 7ust the new plant or the old plant also. Mr. Dunk].ey replied �ust the new plant. Counci]man Liebl said that he believed this plant meets the air pollution control standards and Mr. ➢unkley said it da.d. Councilman Liebl asked how much area they will have and Mr. Dunkley said about 6 acres. Councilman Liebl asked if theg would be providing some screening from East River Road. Mr. Dunkley said that was part of their plan. The CLty EngLneex said this is a xequest to relocate the existinq plant to just north of Park Construction Company. The problems here are traffic, va.sual exposure of the storage area from the road and air pollution control. He said he assumed they wa.11 meet the standards of the air pollution contml Oxdinance. He had talked to Jim London, Vice President o£ Dunkleys a.nd they requested an addztional crossover at the south end, but they will have to use , the existing crossovex south of the equipment yard. Since passage of the new ordinance, they must screen their vehicles and material £rom the view from the road. They have agreed to remove most of the clutter from the view, and he would expect them to put in screened fencing and some trees along East Rivex' Road for a visual barrier. They would like Council approval of the concept before the detailed work is done. I t� f� REGULAR COUNCIL MEETING OF JULY 19� 1971 pAGE 11 Councilman Aarris said that Dunkleys was forced to relooate because of � Burlington Northern's plans. He said as he looks at their plans, he thought with the raght kind of screening and the nice building, it would be an improve- ment over what they have now. In the past the roads have been through residential areas, now they would have direct access to East .River Road. In looking at the plans he noted they provide for 9` parking spaces and said the City insists on 10'. He suggested they not only fence in their storage area, but run it all along the front of their property along East River Road and in front of the fence they could put in some landscaping. The City Engineer said he had discussed this with them and they have agreed to fence all the way and have also agreed to the landscaping. He added that the details will be worked out and the plans submitted to the proper �ubcommittee. MOTION by Councilman Harris to approve the concept plans for Dunkley Surfacing Company, with the final plans to come before the Council after review by the subcommittee. Seconded by Councilman Liebl. Upon a voice vote, all voting aye, Mayor Kirkham declared the motioa carried unanimously. RECESS: Mayor Kirkham declared a recess at 9:30 P.M. and the meeting reconvened at 9:50 P.M. RECEIVSNG THE MINUTES OF TI-SE BOARD OF APPEALS MEETING OF TULY 23� 1971: The City Engineer reported that Item #1 (Mr. Robert McGregor, 265 Stoneybrook � Way) has been withdrawn. 2. A REQUEST FOR A VARIANCE OF SECTSON 45.053, 2B, SUBPFIRAGRAPH 2, TO REDUCE THE DISTANCE BETWEEN A BUILDING AND THE LIVING AREA IN AN ADJACENT BUILDING FROM 15 FEET TO I1 FEET TO ALLOW THE CON5TRUCTION OF A GARAGE ON PART OF LOT 54, ALL OF 55 AND 56, BLOCK E, 1?IVERVIEW HEIGHTS ADDITION, THE SAME BEIIVG 528 KIMBALL STREET LQ.E., FRIDLEY, MINNESOTA. (REQUEST BY MR. KEN WOLLAN� 528 KIMBALL STREET N.E.� FRIDLEY, MINNESOTA): The City Engineer reported that the Board of Appeals recommended approval. The owner of Lot 54 is the same as when the lot split was granted. There were no ob�ections. MOTION by Councilman Harris to concur with the Board of Appeals and grant the variance, sub7ect to their stipulations. Seconded by Councilman Kelshaw. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously. 3. The City Engineer reported that the applicant, Mr. C.L. McCline, has withdrawn their request for a variance for 299 Ely Street N.E., as they have found a house plan that would fit on the 1ot. 4. A REQUEST FOR VARIANCES OF: SECTION 45.053� 1B� TO I2EDUCE THE LOT AREA , FROM 7,500 SQUARE FEET TO 5,150 SQUARE FEET� SECTI4N 45.053� 4B� TO REDUCE THE SIDE YARD SETBACK FROM 10 FEET TO 8 FEET� SECTION 45.053, 4B, SUBPARAGRAPH 4A, TO REDUC.E SHE SSDE YARD SETBACK ON THE STREET SSDE OF A CORNER LOT FROM 17.5 FEET TO 8 FEET� SECTION 45.053, 4B, SUSPARAGRAPH 4B, TO AEDUCE THE SETBACK REOUT.RED FOR ANY ACCESSORY HUSLDING THAT OPENS y �`. � rd� REGULAR COUNCIL MEETING OF JULY 19, 1971 PAGE 12 � ON A SIDE STREET FROM 25 FEET TO 17 FEET, SECTION 45.054� 2A� SUB- PARAGRAPH l� TO REDUCE THE MINIMUM LIVING AREA IN A ONE STORY SINGLE FAMILY DWEZLING FROM 1�020 SQUARE FEET TO 960 SQUARE FEET, TO ALLOW THE CONSTRUCTION OF A DWELLING AND DETACHED GARAGE ON LOT 15, BLOCK 3, PLYMOUTH ADDITION, THE SAME BEING 4B00 2z STREET N.E.� FRIDLEY� MINNESOTA. (REQUEST BY MR. C.L. McCLINE, 4009 ARTHUR STREET N.E., COLUMBIA HEIGHTS, MINNEHOTA): The City Engineer said that this request is for vasiances to build on a 40' lot in Plymouth Addition. There were ob7ections £rom ad7acent property owners. The next item is the same, they are both 40' lots, so if the Council wishes� they could be considered together. 5. A REQUEST FOR VARIANCES QF: SECTIQN 45.053, 1B, TO REDUCE THE LOT AREA FROM 7,500 SQUARE FEET TO 5,160 SQUARE FEET, SECTION 45.053, 4B, TO REDUCE THE SIDE YZ�RD SETBACK FROM 10 FEET TO 8 FEET� SECTION 45.053, 4B, SUBPARAGRAPH 4Ai TO REDUCE THE SIDE YARD SETBACK ON THE STREET SIDE OF A CORNER LOT FROM 17.5 FEET TO 8 FEET, SECTION 45.053, 4B, SUBPARAGRAPH 4B, TO REDUCE THE SETBACK REQUIRED FOR AN ACCESSORY BUILDING THAT OPENS ON A SIDE STREET FROM 25 FEET TO 17 FSET, SECTION 45.054, 2A, SUS- PARAGRZ�PH 1, TO REDUCE THE MINUMUM LIVING AREA IN A ONE STORY SINGLE FAMILY DWELLING FROM 1,020 SQU7IRE FEET TO 960 5QUARE FEET, TO ALLOW THE WNSTRUCTION OF A DWELLING AND DETACHED GARAGE ON LOT 15, BLQCK 2, PLYMOUTH ADDITION� THE SAME BEING 4800 3RD STREET N.E., FRIDLEY, MINNESOTA. (REQUEST BY MR. C.L. McCL2NE, 4009 ARTHUR STREET N.E., � COLUMBIA HEIGHTS, MINNESOTA): The Ci�y Enqineer reported that the Board of Appeals recommended denial in both instances. Mr. C.L. McCline saa.d he was a member of the group that owns these lots in question. Ae had originally requested a building permit, but it was refused and he was advised to appear before the Board o£ Appeals where it was again refused. His group has been the owners of there lots for 9 years, have paid taxes on them, but the lots have not moved. Now there is an Ordinance that prohibits builda.ng homes on 40' lots, but at the time of purchase he was advised he could buL1d on them_ Recently, he has a developer to build on these lots. The deszgn of the homes, he felt, would be an asset to the community. It would be a 21'9" house, 1'� foyer type home, and meets all F.H.A. requirements and the City requirements as to the building standards. His developer advised him that they will have $30,000 -$35,000 well constructed homes, that will be an asset to the community. He said they would be glad to do anything to satisfy the City. He has never been advised he cou13 not bulld on these lots. He said he had paid the taxes and special assessments etc., and is not hopeful they could obtain the variances s-o they could build. Councilman Liebl said the Council has had such requests as this last year and the year before. There was one on 49th and Universzty that was about the same size, 40' width, which the Council denied. He told Mr. McCline that there � was one vote from the Boazd of Appeals in favor of his request. He said Mr. 5ondheunex had called him and 5aid that he felt the Council should set some type of policy for these lots. It seems in the last five years, the Council has always denied these requests, since they are substandard lots. He said he would like to see the Council set some policy and have a set of rules to go by. Mayor Ktrkham said th�.s was not quite true, the Council has allowed � C� � REGULAR COUNCSL MEETING OF JULY 19, 1971 PAGE 13 building homes on 40' lots. Sn Riverview Heights the lots are 25' and in some cases they have been combined. Each request is different and must be considered on its merits. In this case these are corner lots. The Council has not refused all the requests, but they have refused most in recent years. Councilman Liebl said that Mr. Sondheimer is an architect and engineer and he feels the Council should come up with some policy so that everyone is treated alike. Mayor Kirkham did not see how this could be done, sometimes there are different circumstances that must be considered. Councilman Breider said this is similar to the application of 3antes Casserly where the tornado took his house, and he was left with a substandard lot. Councilman Liebl reported that the man who owns the double bungalows next door bought those lots. MOTION by Councilman Liebl to concur with the recommendation of the Board of Appeals and deny the requests for the variances by Mr. C.L, McCline. Seconded by Councilman Harris. Mr. McCline said these are isolated lots. The ad7oa.ning lots are 40' lots and there is no way to acquire additional land. The people ad�oining these lots are not interested in purchasing them, These lots were purchased as an investment, have had taxes paid on them, and he could not understand what the City expects the land owners to do with these lots. Councilman Liebl said that he agreed with Mr. McCline to a certaan extent, but this Council a few weeks aqo turned down a very similar request. He asked if his house would not protrude ahead of the other houses on the block. Mr. Armstrong said that he also had an interest, along with Mr. McCline. He would agree with the Council in its wisdom to make judgments. It is their responsibility through their experience to �udqe. He said he would also agree with Mayor Kirkham that there cannot be a single hard rule that can or should be used. Here is a situation where there is a reasonable request. He did not believe the setback would put the house at variance with the ad7oining property. There was some ma.sunderstanding on this point at the Board of Appeals Meeting, and once the misunderstandxng was cleared up, that the setbacks under consideration would be in conformance with those adjoining lots, the home owners did not ob�ect on that basis. The proposal before the Council as outlined in the plot plan and the home placement is a good use of the property there. It is important that this property be put on a tax paying basis, they cannot afford to keep paying taxes on them. He would ask for an a£firmative action on their request. THE VOTE upon the motion, being a voice vote, Liebl, Harris, SYeider and Kelshaw voting aye, Kirkham voting nay, Mayor Kirkham declared the motion carried. Councilman Liebl said he would like to see the Planning Commission make a recommendation of how the substandard lots should be developed. The Council has tried to upgrade their ordinances to make a better community. He said a house $25,D00 to $30,000 is a nice home, but it must not be a hazard being on a corner lot, but it should be developed. Mr. McCline asked what recourse they had to recover some of the investment they have made in the City of Fridley. Councilman Liebl asked if now it was an empty lot � , , �eJ� REGULAR CQUNCIL MEETING OF SULY 19, 1971 PAGE 14 � and Mr. McCline said yes. Councilman Liebl said that the City had no liability i£ they purchased lots that did not meet the requirements. Mr. McCline said they did when they purchased the lots. MOTION by Councilman Liebl to instruct the Planning Commission or the Plats and Subdivisions, Streets and Utilities Subcommittee to make a recommendation to the Council on the development of substandard lots. Seconded by Councilman Harris. Upon a voice vote, all votinq aye, Mayor Kirkham declared the motion carried unanimously. Mayor Kirkham said that he would not want the Planning Commission to present a policy that would freeze any further aonsideration. In some cases there are extenaating circumstances, and this is the reason for the Boaxd of Appeals. RECEIVING PROPOSALS - CABLE TELEVISION: (Proposals received at 11:30 A.M. Suly 19, 1971) MOTION by Councilman Kelshaw to receive the proposals Prom General Television, L.V.O. Cable Inc., and Tele-Communications Inc. Seconded by Councilman Liebl. Mx. Peter porsey, Attoxney fox Minnesota Cable Television, said that they hoped to be engaged in cable television in Minnesota. They are a local company that is a subsidiary of a national company. He said that they had �ust learned of the invitation from Fridley this A.M., and would like to ask that the � proposals be received and the time extended to receive proposals for another two weeks to 3D days. There are a number of companies in this business and he was sure Fra.dley would be interested in qetting the best proposal they can. If the fact were more widely known, Fridley would have received more bids, certainly from them. The only other local commun�ty that has advertised that he knew of is Bloomington, and they received 5- 6 bids. Only one that bid with Frid],ey bid there. He felt the community would benefit by receiva.ng more proposals. Councilman Harris said the Council was not discriminating against his company, however, the notice was given and received a front paqe story in the Fridley Sun. He would recognize his wish to extend the time, but he was sure that if they did, someone else would come in later and request the same tha.ng and this would put the Council in a bad position. He said he did not know at this time whether they will accept any of these proposals, the Council will discuss the contents with the Administsation. The Council is not bound to accept one. If, after reviewing them, they find them lackinq, he was certain the Council will take further proposals, but he did not feel they could continually open-end the time. Mr. Dorsey said that he was not saying triis procedure was unfair. He pointed out that there were three proposals and one of them was the Sun people who would of course know about it, being Fridley's legal newspaper, This fact would indicate to him that Fridley did not receive the publ�.city they axe entitled to. He hoped i£ the time was extended, Fridley would receive more � bids. He said he would be willing to notify other bidders he knew of. Councilman Liebl said this is a proposal� not a bid. He said the Council would look at it if he brings it in. Councilman Harris said he did not think the Council could do that. After looking at the proposals received, there would have to be another procedure gone through. There were certain terms set out )4)� REGULAR COUNCIL MEETING OF JULY 19, 1971 PAGE 15 and one of them was a time limit, and the Council is obligated to honor � those. THE VOTE upon the motion, beYng a voice vote, all voting aye, Mayor Kixkham declared the motion carried unanimously. Mrs. Barbara Hughes, Anoka County Library Board of Trustees, said that she had sent a letter to Mayor Kirkham regarding cable televzsion. Thexe are many community groups, the library and schools that would be very interested in cable television. She saxd sn studyznq the proposals, she hoped the City would call on them as they would like to know what is proposed for educational use. Councilman Breider agreed the schools should be informed, and asked the City Manager to keep them in mind when he reviews the proposals. The City Manager said that a County Librarzan had contacted him about this. Mrs. Hughes sugqested contacting the schools to sae what their requirements might be. Councilman Harris agreed there should be something to cover these facets. The proposals will have to be studied to tie the loose ends together. CONSIDERATION OE REQUEST FOR THE USE OF COMMONS PARK SOFTBALL FACILSTIES BY FAIDLEY COVENISNT CHURCH ATHLETIC ASSOCIATION; MOTION by Councilman Lieb1 to receive the letter from the Fridley Covenant Church Athletic Association dated July 10, 1971 and the memorandum from the Parks and Reczeation Director dated Julp 14, 1971� and concur wi'th the Parks � Director in gxanting the request. Seconded by Councilman Kelshaw. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously. CONSIDERATION OF NORTH SUBURBAN SEWER SERVICE BOARD 1971 BUDGET PAYMENT SCHEDULE: Councilman Breider asked what Fridley would get for their share of $1700 for being a participating municipality. Councilman Kelshaw said that Dick Sha has been with North Suburban Sanitary Sewer District for a number of years and now has been retained by the North Suburban Sewer Service Board to act as a watch dog �or the northern municipalities. There have been a number of things come up that Mr. Sha has researched. They have been in contact wrth the Metropolitan Sewer Board. In areas where they are going into other communities with service lines this will eventually affect Fridley. The North Suburban Sewer Service Board acts as a go-between with the Metropolitan Sewer Boaxd, The Metropolitan Sewer Board has been selling bonds before the work is actually done, and they found they sold too many. All that money has been sstting in an account downtown 3rawing interest. ThYS is over $38,000,000, As to the question of what this $1700 does, Dick Sha has been instructed to find out why they sold so many bonds in advance. Councilman Harris said that for this soard to funetion, all the communitxes would have to participate to serve as a watch dog. If this group can do this, they will probably save more than is contributed. He said he was surprised to see the amount requested. Councilman Breider said the reason he asked was that he serves on the Suhurban , Rate Authority and he believed they operated on money paid to them by Minnegasco. They have a consultant and an attorney and they operate on $12,000 per year. It seems that this is a much larger scope than that of controlling the ?4� � REGULAR COUNCIL MEETING OF JULY 19, 1971 PAGE 16 � Metropolitan Sewer Board. He said it seemed a shame that one governmental body was created that was supposed to be to sezve us, then have to pay for anothe.z' body to serve as our watch doq over that body. Councilman Harris said there was a bill passed that provided for the creation of this sexva.ce board. Councilman Kelshaw said that one other item came up at the Board meeting. It seemed that Mounds View was actually being charged for equipment that was supposed to be acquired by the Metropolitan Sewer Board, but they did not have the equipment. Mx. Sha brought this to light and this is what he is being paid for. The Board represents all the north suburban area. MOTION by Councilman Kelshaw to approve payment of Fridley's fair share as outlined in the Agenda on Page 29 and 30; Fxidley's shaxe being estimated at $1700. She motion was seconded and upon a voice vote, all votinq aye, Mayor Kirkham declared the motion carried unanimously. RESOLUTION #83-1971 - A RESOLUTION TO ADVERTISE FOR BIDS - AN ADDITION TO THB FRIDLEY MUNICIPAL GIiRF�GE: The City Engineer said that the Council has looked at these plans before. There were some minor changes made thxough discussions with the Administration that are outlined on Page 34 of the Aqenda. There will be some alternates provided regarding concx'ete floors and drains. He hoped to let the bids soozx so that the footings can be put a.n before the ground freezes. � Councilman Breider asked how long it would be before the City would have to build another garage. The Finance Director said that the requests were received from the Public Works Department and the Parks and Recreation Depart- ment. Their lists provide £or a.tems they felt they would need in the fore- seeable future. He said a wash raek has been cut out of the plans. They are getting everything they asked for except a lunch room. He added, who knows what the needs will be five years from now? The plans include what the departments said they needed. Councilman Breider said that it would not seem too diffa.cult to sit down and fiqure how many acres of park land the City has, then figure out how much equipment would be needed to carn for rt. The Finance Director said that they will not be coming back in another year or two with a request for additional space. The building does provide for outside storage, so that that equipment that cannot go inside at niqh� can be parked outside. There are outlets on the outside so that head bolt heaters can be used. Councilman Breider said that he would like to know how many years they estimate this addition will serve their needs. The Finance DLrector said that he would ask the departments for their estimates. Councilman Harris said that the building was not designed to house all the equipment. Some will be stored outside, such as the street sweeper in the winter time. He said there has been talk of borsowing fmm the Fire Relief Association to finance this addita.on. It was indicated in a report that there was an excess in the utilities fund and asked if it would be possible to � borrow from that. The Finance Director said that the City could borrow £rom the special assessments sinking fund, but borrowing from the Fire Relief Association would make a cleaner financial arrangement. That money is avazl- able through prepayment of special assessments, but tk�e City has been able to invest that money with interest greater than triat the Fire Relze£ Association would charge. He said he would hate to take money out of a bond £und to j�f /y� REGULAR COUNCIL MEETING OF SULY 19, 1971 finance this, because the City makes more on the interest said fine, it was �ust a thought. PAGE 17 Councilman Harris MOTION by Councilman Harris to adopt Resolution ,�83-1971. Seconded by Councilman Breider. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously. RESOLUTION #84-1971 - A RESOLUTION ORDERING IMPROVEMENT AND FINAL PLANS AND SPECIFICATIONS AND ESTIMITES OF COSTS THEAEOF: WATER� 5ANITARY SEWER AND STORM SEWER PROJECT #103: MOTION by Counc.tlman Kelshaw tro adopt Resolution #84-1971. 5econded by Councilman Liebl. Upon a voice vote, all voting aye� Mayor Kirkham declared the motion carrYed unanimously. The City Engineer reminded the Council that they d1d receive a letter from a Mr. Jacob Wiens, 5509 Arthur Street N.E., ob�ecting to the sewer and water improvement on Arthur Street. He said he wished he was here tonight so that the pro7ect could be explained to him. This work on Arthur Street was included at this t�me because it could be done cheaper now than later. There is a lot of fill needed and it can be made available with the Innsbruck North development, He felt if water and sewer was ever to lae put in on Arthur Street, this was the time to do it as it would be a more reasonable cost to these people. The Council indicated to the City Engineer they wished him to proceed as proposed even thouqh thls qentleman objected. CONSIDERATION OF APPROVAL OF AGREEMENT WITH SHELL OIL COMPANY REGAR➢ING ACQUISSTIC�N OF PROPERTY FOR T.H. #47 SERVICE ROAD DETACHMFNT AT 61ST AVENUE: MOTION by Councilman Liebl to approve the agreement and authorize the approp- riate signatures. Seconded by Councilman Y,a�°ris. Upon a voice vote, all ayes, Mayor Kirkham declared the motion carried unanimously, CLAIMS: MOTION by Councilman Harris to approve payment of General Claims #25755 through #25799 and Liquor Claims #5761 throuqh �5808. Seconded by Councilman Kelshaw. Upon a voice vote, all voting aye, Mayor Ki.rkham declared the motion carried unanimously. LICENSES: Solicrtors 5outhwestern Co. 2968 Foster Creightan Drive Minneapolis, Minnesota By: Robert Leger Wrecking Minnesota Lumber & Wrecking Carp. 915 North Albert St. Paul, Minnesota By. C. Trudeau Approved By Police Chief Building Inspector � I I IJ ' REGULAR COUNCIL MEETING OF JULY 19, 1971 � LICENSE5 CONTINOED: Masonry Carroll Buzzell Brick & Cement 159 94th Avenue N.E. � � Blaine, Minnesota By; Carroll Buzzell General Contractor G & M. Construction Co. 1908 19A Street N.W. New Erighton, Minnesota By: 3ohn Gibbs Master Pools 9200 West Bloomington Freeway Bloomington, Minnesota 'By: John A. Carlson Midwest Aluminum Industrie5 Inc, 244 South Fairview St. Paulr Minnesota By: J.W. Dieh Minnetonka Pools 10820 Wayzata Boulevard Minnetonka, Minnesota By: Norm Lansen ]?ustic oak Inc. 137 Lowry Avenue North Minneapolis, Minnesota By: David Curry Ryan's Construction 6389 University Avenue N.E. Fridley, Minnesota By: Thomas Ryan Viewcon, Inc. 5901 Brooklyn Boulevard Minneapolis, Minnesota Sy: Darral A. Farr PAGE 18 Approved By Building Inspector Building Inspector Building Inspector Bu�.lding Inspector Building Inspector Building Inspector Building Inspector Building Inspector Volp Construction Company S80 Colorado Avenue South Minneapolis, Minnesota By: C.R Volp Building Inspector MOTION by Councilman Kelshaw to approve the licenses as submitted. Seconded by Councilman Liebl. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unammously. ESTTMATES: Weaver, Talle & Herrick 316 East Main Street Anoka, Minnesota 55303 Julp Billing £or Legal Services ..�il�a7 $2,552.50 ;��!4 REGULAR COUNCIL MEETING OF SULY 19� 1971 Comstock & Davis, Inc. Consuiting Engineers 1446 County Road "J" Minneapolis, Minnesota 55432 For the furnishing of resident inspection and resident supervision for the stakinq out of the fo�Ilowing construction work: PARTIAI, Estimate #3 for Street Improvement Pro�ect St. 1970-1 from June 1 through July 2, 1971 PARTiAL Estimate #14 for Water Improvement Pro�ect #95, Schedule B from Sune 1 through July 2, 1971 PARTIAI, Estimate #8 for Sanitary & Storm Sewer Improvement Pro7ect #100 from June 1 through July 2, 1971 PAGE 19 $1�066.96 $ 593.41 $ 136.49 MOTION by Councilman Liebl to approve payment of the estimates as presented. Seconded by Councilman Harris, Upon a voice vote, all votxng aye, Mayor Kirkham declared the motion carried unanimouslp. RESOLUTION #85-1971 - A RESOLUTION DIRECTING PREPARATION OF FINAL ASSES5MENT ROLL FOR SANITARY SEV7ER AND STORM SEWER IMPROVEMENT PROJECT #lOD: MOTION by Councilman Liebl to adopt Resolution #85-1971. Seconded by Councilman Kelshaw. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously. RESOLUTION #86-1971 - A RESOLUTION DIRECTING PUBLICATION OF HEARING ON PROPOSED ASSESSMENT ROLL FOR SANITARY AND STORM SEWER IMPROVEMENT PROJECT #100: MOTION by Councilman Harris to adopt Resolution #86-1971. Seconded by Councilman Liebl. Upon a voice vote, all ayes, Mayor Kirkham declared the motion carxied unanimously. RESOLUTION #87-1971 - A RESOLUTION DIRECTING PUSLICATION OF HEARING ON PROPOSED ASSESSMENT ROLL FOR STREET IMPROVEMENT PROSECT ST. 1970-1; MOTION by Councilman Harris to adopt Resolution #87-1971. Seconded by Councilman Liebl. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously_ RESOLUTION #88-1971 - A RESOLUTION DIRECTING PUBLICATION OF HEARING ON PROPOSED ASSESSPIENT ROLL FOR STREET IMPROVEMENT PROJECT ST. 1970-2: MOTION by Councilman Harris to adopt Resolution #88-1971. Seconded by Councilman Liebl. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously. � L J LJ � u � � REGULAR COUNCIL MEETING OF JULY 19, 1971 RESOLUTSON #89-1971 - A RESQLIITION DIRECTING POBLICATION OF HEARING ( PROPOSED ASSESSNIENT ROLL FOR STREET IMPROVEMENT PROJECT ST. 1970-4: MOTION by Councilman Harris to adopt Resolution #89-1971. Sewnded by Councilman Liebl. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously. SETTSNG COUNCIL MEETiNG DATES FOR AUGUST AND SEPTEMBER: PAGE 20 The Finance Director called the Council's attention to the fact that the first meeting in Septembes would be on a holiday, and i£ they did not meet until the 13th, it would mean four weeks between meetings. He asked if they felt they should meet on August 30th. It was agreed by the Council �o meet the £irst, thisd, and £ifth Mondays as regular meeting nights with the second Monday for public hearings as usual. The meetings in September wouid be September 13th and 20th. DISCUS5ION REGARDING THE COST PARTICIPATION FOR A STUDY FOR THE CORRIDOR STUDZES AND THE BRSDGE OVER THE MISSISSIPPI RIVERc The City Manager said that the Council has been furnished with information that was received last week on how they arrived at tihe cost participation formula. It is based on impact and population. There was a meeting last week which the City Engineer and he attende.d. At the meeting a motion was passed asking the management group composed of the Highway Commissioner, Metropolitan Transit Commission representative, Metropolitan Council repre- sentative, and a City and County representative, to reaffirm the need for the North Crosstown Corridor Study and asking for cost participation in this study. He said he would assume that this cost participation would come from the Highwap Department. It was felt by the group that it was important to qet a financial commitment from the Highway Department and include them as a participant in the study. He said he believed the City Engineer had polled the other communities in regard to whether they are going to paxticipate. The City Englneer said that Hennepin County and Brooklyn Park are commited, but a 1ot of the wmmunities also have theiY meetings tonight, but there was going to be a recommendation made to their councils that they partici- Pate. It seems that the ma�ority of governmental bodies will approve this proqram. Coon Rapids and Anoka County are very stronglp involved. Councilman Liebl asked if, by City Charter, the City Engineer has the right to commit any money. Mayor Kirkham said no, this is why he did not at the meeting, before checking with the Council. The City Attorney said that all he could do is recommend, the Council must commit the money. Councilman Liebl said the Council must be vitally interested in getting the proper location and must participate. The City Manager said that the Council should go into this with their eyes open. The proposal is to have a planning firm make a study of the entire north corridor in regard to trans- portation, and there may or may not be a bridge. They will make their study and come up with their recommendation on how best to solve the traffic problems. Councilman Breider asked, in the discussions with these people, if the indication was made about the Council's feeling in regard to East River Road not being used as a main corridor. The Citp Engineer said that he ����<5 :�'4�i� REGULAR COUNCIL N�ETING OF JULY 19� 1971 PAGE 21 has advised them oP Fridley's concern. Fridley can only give the problems to the consultant, we cannot tell them how to make their analysis. Councilman Breider said that if they were to detexmine 'Chat East River Road was to be another main corridor, he would not be in favor of these studies, but zf they say they will do everything possible to keep East River Road from being a heavily travelled road, he would go along with it. The Czty Engineer said that Fridley cannot tell them what the resuZts of their studies should be. They have been told of the problems of over- loading on East River Road, and that Fridley wants a reduction in traffic. Mayor ICirkham agreed that Prdiley could not dictate. Councilman Harris said at the last meeting he was not too enthused about participating, but after consideration, he felt that Fridley must. There was one thing he wanted to be certain of. Fridley's schedule of payment is set, but if some of the communities drop out, the payment schedule may be reshuffled and Fridley would end up paying more to make up the deficit, He did not want that to happen. The City Engineer said that if more funds were made available to the management group through grants, then Fridley's proporta.onate share would be reduced. MOTION by Councilman Harris to approve payment of the $7500, Fridley's share in the cost of the studies, with the stipulation that should some com- munities drop out, the cost will not be reapportioned, and Eridley requested to pay more. The motion was seconded and upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously. CONSIDERATION OF REDISTRICTING WARD BOUNDARIES: Councilman xarris said that at a Council meeting some six - eight weeks ago the Council was to look at information prepared by the Administration in regard to voting districts. He said he had re-read tha City Chaxter and read aloud part of Section 2.03. He then presented the Council with copies of his proposal for their perusal, Councilman Liebl said that on June 3, 1971 the Counr,il received a copy of the ward and precinct redistricting map and that he would favor that pro- posal. Councilman Harris said that the plan prepared by the Administration did not meet the Supreme Court rule of one man one vote. He believed his map did and said that Ward One would have 9,594, Ward Two, 9,630 and Ward Three 9,664, for a di£ference of 70 between the largest and smallest. He said his proposal meets the Supreme Court requirement of one man one vote, each Ward contains a cross section of all economic levels, problems resulting from natural topography and physical environment can be placed within certain Wards, each Ward has a reasonable share of commercial and industrial businesses and further potential for this type of growth, and precincts of nearly equal size for voter convenience. Councilman Lie.k�l said that he mould like to study this plan before any decision is made, and added that this is the first he had seen it. Mayor Kirkham, during the discussion at the Council table, made a suggestion by wh�ch taking a small portion from Ward Three and adding it to Ward One would make the figures even more close. � � °��)� REGIILAR COUNCIL MESTING OF JULY 19, 1971 PAGE 22 , Councilman Breider said that he noticed that this plan does not follow the natural boundary lines. Councilman Harris felt that this plan does more than the one used now. He pointed out that they do follow artenal streets, such as Mississippa. Street, 7th Street, T.H. #47 is a divider, T.H. #65 and the railroad tracks are used. Councilman Breider asked why the plan proposed by the Administration did not meet the Supreme Court sequirements. Councilman xarxis said that there is allowed only a 1% deviation. He added that the suggestion by the Mayor makes the figures even more close. Counczlman Lxebl said that everyone should have the right to draw a proposal. Counca.lman Harris said that everyone was asked to. Councilman Kelshaw said that when this was first brought up in executive session each Councilman was to txy to come up with a workable solution. He said that he tried, but being the Freshman Councilman, he decided that what the rest of the Council wants is all right with him. Now CouncilmanHarra.s has come up with a proposal that seems to meet the requirements. He said that he, personally, did not find anything ob�ectionable in this plan. The City Attorney reminded the Council that the redistricting has to be dcne by Ordinance according to the City Cliarter. MOTION by Councilman Kelshaw to adopti Councilman Harris' proposal as sub- � mitted July 19, 1971 to the Council and make the change suggested by Mayor Kirkham which would be to subtract from Ward Three, the area north of Osborne Road along the railroad tracks to the City limits, then east to T.H. #47, then back south to Osborne Road and add this area to Ward One, and instruct the Administrata.on to prepare �the proper Ordinance. Seconded by Councilman Harris. Councilman Brea.der asked if it would be of any use to try to offer another plan. Mayor Kirkham said that the Ordinance could be brought back at the next Council Meeting� but it could be amended if the Council wished. Councilman Breider asked if a.t would take three votes to pass this Ordinance. The City Attorney replied that he believed so. Councilman Kelshaw asked Councilman Breider why he did not bring in his own plan. Councilman Breidez' replied that he approved of the plan devised by the Administration. He added that there was already a motion on the floor to direct the Adminis- tration to bring back an Ordinance based on Councilman Harris' proposal for the ward boundaries. Councilman Aarris said that any time an Ordinance is prepared does not necessarily mean that it will pass. The Council might 7ust as well have a vehicle in front of them to discuss. If there is another plan submitted, he would be qlad to look at it. Councilman Liebl asked if he would have to resign because he did not live in his ward. The City Attorney replied that he did not know. � Mrs. Helen Treuenfels asked when this would �ake effect, and whether rt would be in effect for this fall's election. She said a.t would be quite a �ob involving a qreat deal of clerical work to change all the records at City Hal L It will also take a re-education program to inform the people of the change in polling places. `�I��i REGULAR COUNCIL MEETING OE JULY 19� 1971 PAGE 23 THE VOTE upon the motion, being a voice vote, Harris, Kelshaw, and Kirkham voting aye, Liebl and Breider voting nay, Mayor Kirkham declared the motion carried. Councilman Sreider said that he would have his plan ready for the next Council Meeting. He said he hoped whatever happens, that they would not end up with a situation where two councilmen would be running against each other. ADJOURNMENT: MOTION by Councilman Liebl to ad�ourn the Meeting. The motion was seconded and upon a voice vote, all voting aye, Mayor Kirkham declared the Regular Council Meeting of July 19, 1971 ad7ourned at 11:25 P.M. Res.pectfully submitted, � �%� �� �� �, ���c?'�.�' Juel Mercer Secretary to the City Council Y ,+ !� t ��,� (� �C� ,�ii/ ° — t � . --� Jack O. Kirkham i Mayor � � ,