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10/18/1971 - 00017837� �x `i THE MINUTES OF THE REGULAR COUNCIL MEETING OF OCTOBER 18, 1971 ' PLEDGE OF ALLEGIANCE: Mayor Kirkham led the Council and the audience in saying the Pledge of Allegiance to the Flag. INVOCATION. In the absence of a member of the Ministexial As�ociat%n, Mayar Kirkham of£ered the Invocation. Mayor Kirkham called the Regular Council Meeta.ng of October 18, 1971 to order at 7-55 P.M. ROLL CALL: MEMBERS PRESENT: Kirkham, I,�,ebl, Harris, Breider, Kelshaw MEMBERS ABSENT: None ADOPTION OF AGENDA: Mayor Kirkham said he had only one item to add under Communications which was a letter from Independent School District #16 requesting the vacation o£ 75'� , Avenue and Cleveland Street. MOTION by Councilman Harris to adopt the Agenda as amended. Seconded by Council- man Kelshaw. Upon a voace vote, all ayes, Mayor Ktrkham declared the motion carried unanunously. VISITORS: There was no one present to speak on any non-agenda item. (There was a lady present later in the Meeting who arrived after the Visrtors section, who was heard) CONTIN[IED PUBLIC HEARING ON THE 1972 BUDGET: MOTION by Councilman Kelshaw to continue the Public Hearing on the 1972 Budget to the Meeting of November 1, 1971. Seconded by Councilman Liekal, Upon a voice vote, all ayes, Mayor Kirkham declared the motion carried unanimously. Counci2man Harris a.nformed the public that the Council is at a point in their deliberations where the mill levy is set. It will be 42.05 mills, which is a small reduction over the 1971 budget. The Finance Director was instructed to prepare the necessary papers for the Meeting of November lst. ORDTNANCE #491 - FOR REZONING REQUEST ZOA #71-03 BY JOHN P. YOUNGDALE (FROM R-3 TO C-2) IN THE NORTHEAST CORNER OF UNIVERSITY AVENUE AND OSBORNE ROAD: ' AND CONSIDERATION OF SPECIAL USE PERMIS SP #71-03 TO CONSTRUCT A SERVICE STATION IN A C-2 DISTRICT (GENER2IL BUSINESS AREA) IN THE NORTHEAST CORNER OF UNIVERSITY AVENUE AND OSBORNE ROAD: (Tabled 9-20-71 & 10-4-71) La Y ? REGULAR COUNCIL NIEETING OF OCTOBER 18, 1971 PAGE 2 � Councilman Harris asked if this would be a company owned building and if they are going to lease it out to a private individual. Mr. Youngdale said they are the owners of the property and the owners of the structure. They plan to opexate under a lease arrangement to a private businessman. The City Engineer showed the plans on the easel and the location on the overhead pro7ector. American Oi1 plans to develop the easterly portion, approximately '�, into a quick-type convenience shopping center and the westerly '� a.nto a gas station. He said if the Council grants the rezoning and the special use permit, there are some stipulations in the Council Agenda that the Administration feels should be made part of the special use perma.t. Mr. Wyman Smith said he had seen a copy of these stipulations and they are agreeal�le to them. Councilman Liebl said he would like to know Standard Oil's investment both now and when the structures are completed. Mr. Youngdale said they acquired this property, which is slightly less than 3 acres, 15 years ago for $9500. As to their anticipated investment, he said they would invest not less than $90,000 and not more than $100,000. This is only for the service station, Mr. Ernst would have to answer for the convenience center. The building itself would cost approximately $45,000 to $60,000 and the rest would be spent on the e.menities required by the City of Eridley such as blacktopping, driveways, landscaping, fencing , etc. Councilman Liebl said the Council must look at this from an overall standpoint as to what is best for the community. They must look at the ta�ces generated and � also look into the problem this development might create as compared to i£ an apartment was put in there. Mr. Ernst said, as to his investsnent, that the convenience Center above gr�.de costs would be about $100,0�0 £or 6600 squaxe feet of building. Councilman Liebl asked him if his center would be as good quality as the one by Sandees on Central Avenue and Mr. Ernst said yes. MOTION by Councilman Harris to adopt Ordinance #491 on second reading and waive the reading, and order the publication held until the documents are received by the Ca.ty for the right turn lane at this location and also the one on Mississippi Street. Also to approve the special use permit sub7ect to: (1) Dedicate additional right of way needed for the installation of right turn lane onto University Avenue and pay for its cost (2) Provide additional planting on the south side of the property to give protection to the south residential property (3) Agree to dedicate right of way for right turn lane on Mississippi Street coming onto T.H. #47 fromiiie west and (4) Agree to clean up all o£ the existing Standard gas stations which need it in the City of Fridley. 5econded by Council- man Kelshaw. Upon a roll call vote, Kelshaw, Kirkham, Liebl and Harris voting aye, Breider voting nay, Mayor Kirkham declared the motion carried. The City Engineer infoxmed the applicants they will still have to follow the normal grocess of going thxough the subcommittees with their plans for a bmlding permit. Councilman Kelshaw said he understood the structure proposed was to be quite a � bit different from the normal 5tandard Station. Mr. Youngdale said yes, there is only one other like it in the Twin City area, which is in Burnsville. Councilman Kelshaw asked if Standard Oil would upgrade their other stations and Mr. Youngdale said they have a very extensive modernization program. They have upgraded 36 and they own or lease 258 in the Twin Cities. Where the need appears to be the greatest, this is where they pursue their modernization plans. This station will (� '� REGULAR COUNCIL MEETING OF OCTOBER 18� 1971 PAGE 3 be unique and will be above and beyond anything that is done elsewhere. He , said he wanted to add his thank you to the Council for the way their requests have been handled. FIRST READING OF AN ORDINANCE REGULATING THE LICENSING AND MANNER OF CONDIICTING DANCES: Councilman Liebl said that he would again like to impress upon the Council that he still feels this is an added burden upon an established smaller businessman. There are already a great number of licenses a man has to get to do business, and this additional $100 is going to tax these people out of business. He said he was very opposed to that amount. He could not see why the City needed tha.s ordinance when the rights and powers are given in the State Statutes. Mr. Jim Gibbs, Prosecuting Attorney, said this ordinance incorporates the State Statutes by reference. The reason he would recommend passing tIus ordinance is one oR economics. If he prosecutes a person brouqht in for a violation under the State Statutes, the fine money goes to Anoka County. If he prosecutes under an ordinance, � of the fine money is returned to the City. He said he could pro- secute under the State Statutes or a City ordinance, it would make no difference. He said now under the State Statutes for every dance, there is a policeman in attendance required, however, for the purposes of definition he would suggest that the wording in Section III be changed from "An officer of the law ---" to "Peace officer or officers---". Councilman Breider asked how they arrived at the fee amount. The City Prosecutor � said, of course the amount is up to the Council discretion. The City Attorney arrived at that amount bg examining ordinances from neighboring communities. Councilman Breider said the need for this ordinance was brought out by Mr. Gibson appearing before the Council. The only way the City has control now is through the license. He asked the Finance Director if the paper work would amount ot $100 to process an application. The Finance Director said no, but he pointed out there would be other things such as an examination of the premises by the police and inspections by the inspection departments. Councilman Liebl said that Fridley now has inspectors that inspect establishments before a license renewed, to make sure any complaints are taken care of and that it is up to City standards. This does not merit another $100 cost. A man trying to sponsor a dance should not be penalized. He asked how many licenses a man would have to buy. The Finance Director said that would depend on what he does, and the amount charged is up to the Counoil. A 3.2 license for one year is $120, a set-up license is $100, a cigarette license is $12 and if �they are serving food, they would need a food establishment license which is $25. The Prosecuta.ng Attorney said the cost of the license should be only that cost incurred by processing the paper work. With a liquor establishment, 3.2 place or a bottle club, the poliae would inspect the place and run a check on the man anyhow, so it would be a duplication of services. He would question the practice of charging through the license fee the cost of a policeman inspecting the pro- perty because that person is already paying for that through his ta�ces. Councilman Harris said he would agree with Mr. Gibb's comments and would like to suggest that the fees in Section II be stricken and replaced with• "Fee for such permit ' shall be $25 per year". Q)(At �` `I °^? REGULZIR COUNCIL MEETING OF OCTOBER 18, 1971 PAGE 4 � Mayor Kirkham pointed out that before this conversation goes any further, it will have to be removed from the table by Councilman Liebl. MOTION by Councilman La,ebl to remove consideration of this ordinance from the table. Seconded by Councilman Kelshaw. Upon a voice vote, all ayes, Mayor Kirkham declared the motion carried unanimously. MOTION by Councilman Harris to approve the ordinance on first reading with the following changes: In Section II, "Fee for such permit shall be $25 per year" and in Section III, "An officer of the law---" be changed to read: "Peace offa.cer or officers---". Seconded by Councilman Liebl. Councilman Breider asked the Finance Director to investigate the actual cost of processing such an application before the next meeting. THE VOTE upon the motion, being a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously. CONSIDERATION OF EXTENDTNG UTILITIES TO SERVE MOLTIPLE DWELLING AREA IN iNNSBRUCK NORTH PROJECT - PROJECT #103: The C�.ty Engineer handed out copies of a letter he had received from Mr. Van Eeckhout along with copies of the permit Viewoon received which allows them to build the road. This item is being brought back at the request of Viewcon to authorize the construction of the utilities as originally planned. After some � discussion with New Srighton, the road is to be built as originally proposed. This is the plan the Council looked at. Councilman Harris said he would have no objection in extending the utilities, but there may have been more discussion in the New Briqhton Council minutes that Fxidley should know about_ He would like to make sure that this is not just a temporary road for con5truction use, and that ultimately there will be a final road to dedicate. The City Engineer said there would be a bond to provide for the construction of this road to good standards. Councilman Harris said this permit covers only a temporary road, excavation and landfill. Councilman Kelshaw pointed out that it is still a requirement that the road has to be completed before occupancy is allowed. MOTION by Councilman Kelshaw to authorize extending the utilities into the multiple dwelling and townhouse area as per oxiginal plans approved. Seconded by Councilman Harris with the request that the Administration obtain a copy of the New Brighton Council minutes. Upon a voice vote, all ayes, Mayor Kirkham declared the motion carried unanunously. CONSIDERATION OF DELETING CHARGE FOR LOT 14� BLOCK 1, 05TMAN'S 3RD ADDITION: (HARLAND BERRYJ The City Manager said that at the last Council Meeting, a resolution was passed which certi£ied the weed cutting chaxges to the County Auditar. This paYticular lot was deleted from the resolution and tabled to this meeting, because of the number of questions raised m regard to the bill. He said he had talked to Mr. � Berry and had talked to the Weed Contractor and they seemed to reach an impasse, so he asked both Mr. Cutbirth, the Weed Contractor and Mr. Barnette, the Weed Inspector, to be present tonight. Councilman Liebl asked, to the best of his knowledge, if the work done by the contractor represent5 a valid bill. The City Manager said yes, taking the word of the contractor. He pointed out there were about 500 parcels that were cut in this program, which were under the supervision of the Weed Inspector and it was Zmpossible £ox him to be at every site to ( i L��� REGULAR COUNCIL MEETING OF OCTOBER 18, 1971 PAGE 5 verify the work done. The Weed Inspector had seen someone at the lot doing , pick-up work, and to the best o£ his knowledge, the work was done, and the ad�usted charges were correct. Mr. Roger Peterson, Harland Berry's Son-In-Law, said he would like to comment. There are some lots that were cut in the City by the property owner, then a bill was received. Why is this? This situation has happened to Mr. Berxy. For this lot the charge was $96.38 which included 8 hou�s for a Jari mower and 8 hours for a rzding mower. It would seem that it would only take an individual 4 hours maximum to cut a lot this size. There was also a charge for 2'� hours for a truck. He asked how much was removed from this lot, and if they dumped, was it only from this lot? He has been told the Jari mower broke down and this is the reason for the reduction. He said he had asked Councilman Breider to take a look at this lot and he would agree it was a very poor �ob. The Superintendent of Public Works also agreed that a bad �ob was done. He said he and Mr. Berry felt they should be charged fairly for the �ob, but the job should be done right. Couttcilman Kelshaw said every person is supposed to keep their lots clean and the weeds cut, and if it is not done, the Crty does it, He asked if any price was agreed to as a fair cost. Mr. Peterson said he felt the $24 fox the mower was a fair figure. The Crty Prosecutor said the City sends a notice and i� the work is not done, the City does it. Councilman Kelshaw asked then if there is no figure shown. The City Manager said that every lot differs greatly and rt would be unpossible to calculate what any particular 1ot would cost until the equipment is there and the work done. There is sometimes extensive clean-up � required. Mr. Cutbirth is very reluctant to give any estimates. Councilman Kelshaw asked where the City stood in a situation like this. The Prosecuting Attorney said if Mr. Berry were to bring action against the City, Mr. Cutbirth would be required to 7ustify the charges made in court. Mr. Cutbirth said he did not believe Mr. Berry was arguing the costs on this piece of property as much as he was the ordinance as a whole, In the pasi four years he has had trouble with Mr. Berry. The first year the ordinance was set into effect, his men were ordered off Mr. Berry's property. The next year there were a great number of complaints about lots Mr. Berry owns fYOm people living nearby, and the next year Mr. Barnette assumed the Weed Inspector position. He then received mowing orders for some lots held by Mr. Bexry. There have been a number o£ questions on the charges on the Berry property. There was also an insinuation that some of his employees took some material belonging to Mr. Berry from one of the lots. He discussed this with Mr. Barnette and he said he knew nothing of anything taken from Mr. Berry's property by his employees. There was an agreement worked out, that he was not in favor of, whereby, he would mow Berry's property free the following year and this was done. This year when this issue again came up, he told Mr. Barnette he did not want to mow this piece of property. There is a clause in his contract that allows hun to xefuse to mow a certain piece o£ property if it is unsafe to do so. This is a very rough lot and is hazardous to mow, and it is hard to bring the equipment on. After some haggling with Mr. Barnette, he finally agreed to mow it. They did bring in a large tractor which got broken on this lot and a Jar1 mower was sent in, which � also broke. There were two full loads of debris taken from that property. If he had removed all the debris the bill would have been astronomical. This lot should be filled in and leveled off to maintain the property properly. This is actually the second time the Uill has been brought down, the first bill was for $105 and he brought it down to $86 and since then it has been brought down to $64, j� A !'1 i�� i REGULAR COUNCIL MEETING OE' OCTOSER 18� 1971 PAGE 6 ' The last time it was strictly against his better 7udgment. He said he has been in this business for 18 years, and he reala.zed that when he goes on a piece of property, the property owner does not want to spend the money, but is forced to, so he tries to hold the costs down, but sometimes he is unal�le to. Councilman Harris said the City is not in the lawn mowing business, but in the nuisance abatement business. If the Weed Contractor was asked to do the work as cheaply as anyone else could, the City would end up doing everyone's lawns. He wanted to make certain the Contractor is not asked to ad�ust the bill to the point whexe it would become cheaper for the City to do the work than fox the property owners to do it themselves. He felt the bill should stand as amended at $74,78. Councilman Breider said the bill includes 8 hours for a Jari mot+er and S hours for a Sari mower operator. Did it actually take 8 hours to do this? There is a big clump of trees on the lot and they would have to mow around those. He looked at the amount of debris left and asked just how much was removed, also would it actually take 8 hours to cut a standard City lot� Mr. Cutbirth said that Mr. Barnette relies on him to give the number of hours spent on a lot, and he in turn must rely on his men. There were two men on the Jari mower for four hours. Mr. Barnette said he could attest to Mr• Cutbirth's statement. Of course he does not see every lot, but on this occasion, he went by at 8:30 A.M, and again a� 11:00 A.M. and there were men working on the lot. He added that the dump charge at the dump is $8.00, so that poxtion of the bill was also halved. Mr• CutUirth � said, in answer to Councilman Brea.der's question, that two full loads were taken £rom this lot and there was still some left. That lot is still a mess, and as he said, it should be filled and leveled for proper maintenance. Mr. Dick Harris said he was in the contxactixag business, and if a person uses any equipment, the numher of hours and the equipment is certified to and that person signs a statement. Then at the time of billing there is no disagreement. He did not feel �ustice is being done to the property owner. The City should certify these charges and if necessary, oversee every 7ob done. Private industry must do this. It would behoove the City to make certaa.n of the correct number of hours and pieces of equipment. This would require more supervision. Mayor Kirkham said that somewhere someone's word must be taken. He was the successful bidder, and in a sense an employee of the City. What Mr. Harris is suggesting would make a situation where you would be checking the checker. Mr. Cutbirth's word must be taken, with occasional spot checking by the Weed Tnspector. Councilman Breider asked how long Mr. Cutbirth has been the Weed Contractor and Mr. Cutbirth replied this was the 4th year. Councilman Bxeider said he would assume that in four years, he would have attained a degree of familiarity with some of the lots if Fridley, and he understood that some were more difficult to mow than others, but throught there should be some way of sending out some rough estimates with the notice to the property owner. Mr. Cutbirth said an average charge for a lot this size is about $10. He added that he insists on clean-up before he sends his equipment in. Mr. Barnette said that Mr. Cutba.sth feels that he could not give an estimate until he actually goes on the property. These ' same people have gotten a bill for the last 3- 4 years. He said he would be reluctant to quote any figure and Mr. Cutbirth is too. When he notices a lot that needs cutting, it may be 10 days later that Mr. Cutbirth gets the mowing order. Councilman Breider said that if he got a notice with a figure, such as $125, he would be quite inclined to do the work himself. Mr. Barnette said that the problem is a great manq ak�sentee owners. He would not like to bring in that �) � REGULAR COUNCIL MEETING OF OCTOBER 18, 1971 pAGE 7 factor, they may get into a category where it could not be upheld. Mayor � Kirkham pointed out that between the time the order is sent out, and the tune a lot is cut, there may be another load dumped on the lot that the contractor did not figure on. Like it or not, many empty lots are used for dumping_ Mr. Peterson said that the owner is then being penalized for cleaning up other people's debris that is dumped. He felt a contractor should be able to tell within $10 -$15 how much it would cost to cut a lot. Private industry must give estimates. He is in business and if his Jari mower broke down, he should have brought in another. He said he cut a lot he owns and a month later he received a bill. i�iayor xirkham said that if a property owner choses to do the work himself, he should notify the Crty that it has been taken care of, He pointed out that Mr. Berry has been llilled in previous years, so he should have had a rough idea of how much it would cost. He said if he had gotten burned once by a big bill, the next year he would take care of it himself. Appasantly Mr. Berry chose not to, so he felt the bill should stand. Councilman Breider said that he still felt that a property owner had a right to get some indication o£ how much the cost would be. Mapor Kirkham said that he thought it would be too much to ask for a bid on a particular lot, but a schedule of prices could be published. Mr. Cutbirth said that as he pointed out, he first refused to cut this lot because of the difficult terrain, but only agreed to because of the number of com- plaints by nearby residents that were upset with the appearance of the lot. He agreed the charge is high, but this is because of the difficult lot. He said he was not authorized to go onto a lot with a bulldozer and level it off. Perhaps this should be covered by the ordinance. He was called in beaause it was a rouqh ' lot and because it was hazardous, and if it was level, Mr. Berry may have taken care of rt himself. RESOLUTION #133-1971 - CERTIFYING CHARGES TO THE COUNTY AUDITOR TO BE LEVIED AGAINST CERTAIN PROPERTY FOR COLLECTION WITH THE TAXES PAYABLE IN 1972: MOTION by Councilman Liebl to adopt Resolution #133-1971. Seconded by Councilman Kelshaw. Upon a voice vote, all ayes, Mayor Kirkham declared the motion carried unanimously. The Crty Manager told Councilman Breider that an effort will be made in future years for some kind of an estimate on difficult lots be£ore the work is done. DISCUSSION REGARDING FIRESIDE RICE BOWL LIQUOR LICENSE: Mr. Glen Wong came forward and presented his plans at the Council table and said he plans on adding onto the back of the building and modernizing their kitchen. Even if they were granted a liquor la.cense, they would still like to maintain the family trade. The cost of the remodeling is about $200,000, so including tahat they have now, would total about $300,000. It has been said that people eat in Fridley for the food, but go to Bloomington for their atmosphere, he would like to offer an eating establishment with atmosphere too. Councilman Liebl asked tnw many they would be able to serve. Mr. Wong said at the , most, 400. He said if they get their liquor license, they would still like to make about 80o of their profits from the sale of food. The City Manager asked if his remodeling plans include refurbishing the space he now has. Mr. Wong said yes, they want to put in carpeting, the new kitchen and two new washrooms. She A��� �},t REGULAR COUNCIL MEETING OF OCTOBER 18� 1971 PAGE 8 � City Manager asked if he had room enough for parkinq. Mr. Wonq said yes, he could put in more toward the fence by the txailer court to the east. Mayor Krikham asked him how many cars the lot accommodates now. Mr. Wong said about SD, but he owns more property and could take out a house, i£ necessary. Councilman Lieb1 asked when he anticipated doing this. Mr. Wong said if he gets an affirmative answer in a reasonable length of time, he would go ahead and spend the money to update his place. Councilman Liebl said that Mr. Wong has helped Fridley on many occasions, so if he got his license, he would not move downtown? Mr. Wong said no, he does not want to move away from Fridley. He said there was one thing that happened that helped influence his cho�_ce to stay in Fridley. Last Sunday a number of young people came into his place and said: "Please don't go, this is the only place we feel welcome." He said Fridley is his home and he is proud to be here. The City Engineer said that he wanted Mr. Wong to be advised that if the improve- ment covers more than 50% of the established structure� the Code requires that the existing structure be brought up to Code, This would include such things as fire walls, supports, electrical, plumbing etc. Mr. Wong said he understood this, he had talked to various inspectors for the City, and he would have his contractor look into it. Because of this aspect, he may have to figure $50,000 either way of his estimate. Councilman Harris said this appears to be a very attractive building and would be � an asset to the community, and certainly a liquor license may be available. He suggested that since this is only a sketch and a plot plan, and notha.ng is really developed as to what he wants to do with the existing building, that perhaps the staff could look at the building with his wntractor. There may be certain things that must be done that Mr. Wong has not considered yet. Mayor Kirkham agreed, there may be problems he is not aware of that may cost him more money. Councilman Harris said they would not require full plans and specifications at this tune, but the Council would like some plan on what remodeling is planned, such as the wall treatment, interio� design, the washrooms etc. Mr. Wong could be working on that at the same time the staff is inspecting ha.s building and making their recommendations. Mayor IQrkham said that what Mr. Wong wants is not a promise he will get a liquor license, but that he would be considered for one. He has to know he is not re- modeling without a license, however, the Council cannot make a blank promise. Councilman Liebl said that the staff should be in a position to report by the first meeting in November. Mr. Wong said in the meantime he would draw up a more detailed sketch. The City Engineer sugges�ed to Mr. Wong that he have his contractor call his office, so that he may be advised what the City would require. MOTION by Councilman Harra.s to continue this item to November 1, 1971. Seconded by Counca.lman Liebl. Upon a voice vote, all ayes, Mayor Kirkham declared the motion carried unanimously. ' CONSIDERATION OF FIRST READING OF AN ORDINANCE FOR REZONING REQUEST ZOA #71-06 TO REZONE FROM R-1 TO R-2 (DOUBLE BUNGALOW) AREA GENERALLY LOCATED ON THE S.E, CORNER OF CENTRAL AVENi7E AND 69TH AVENUE: (DONA.LD W. REESE) Councilman Liebl asked the City Engineer if the Administration had looked over tha.s area, and i£ they had any recommendations on whether it should be developed R-1, R-2 or R-3. The City Engineer said that as far as development is concerned, the � ��� REGULAR COUNCIL MEETING OF OCTOBER 18� 1971 PAGE 9 only lots with homes on them are to the east and the south. He showed the over- , all area on the screen and outlined the zoning and park land that is ad�acent to Stinson Boulevard and on toward the west of Stinson that is where the multiple units are planned. There are some tax forfeit lots that Fridley hopes to get Erom the County in this area. He did not feel that Lot 16 would be conducive to single family homes because of the traffic and the industrial zoning to the north. The suggestlon he offered was that if the lot was split, the south � might be maintained as R-1 because of the objection received from Lot E. Who- ever would buy the south half of the lot would know that the north half would be zoned R-2. Councilman Breider asked how deep Lots 16, 17, 1S, 19 and 20 were. The City Engineer said close to 300'. Councilman Ereider asked how they would get access if the lots were split. The City Engineer said the existing homes are set far back. The homes in this area are not new. It would be possible that sometime in the future, these homes may be removed and a larqer structure built. Mayor Kirkham asked if there had been any zoning changes recently and 'the City Engineer said no, only those parcels along Stinson Boulevard. The axea where Onans is is industrial and has been for many years. Mayor Kirkham asked what was the zoning across Central Avenue where the old pickle factory was. The City Engineer said it is still commercial and has been for some time. Just to the north of that parcel are the three lots Medtronics owns that are zoned R-1. Councilman Liebl said that before any move is made th�t would set a precident, he felt there should be a recommendation from the City Engineer or the Planning � Commission on how this area should be developed. He said he would like this before he would be ready to vote. He said he Was concerned that the Council do the right thing and is responsive to the community. Councilman Breider said he was not in favor of mixing R-2 with single family homes. By subdividing the lot and zoning the north half for double bungalows and the south half residenta.al would make them hard to build on. He would recommend denial. Councilman Kelshaw said he would agree with Councilman Lxebl and would like to get a recommendation. He pointed out there is a motel just south of the creek also. He also felt thls would be a case of spot zoning. Councilman Breider said that if this is turned back to the Planning Commission, it may take some time, and he understood the reason the Commission did act, was that the applicants were in a hurry for an answer. Mr. Blaine Edmundson, 10152 Butternut St. N.W., said he was a friend of Mrs. Anderson's and gave a brief history of this piece of property. (Already covered in previous minutes). He asked if the Council thought anyone would want to buy the lot for a single family residence. Mayor Kirkham pointed out Mrs. Anderson did. Mr. Edmundson said yes, in 1949, but zttitudes have changed since then. People then placed a premium on corner lots, but such is not the case anymore. There should be some type of bu£fer between the residential area and the industry to the north, and what would be better than a nice rlouble bungalow? Appraisers will devalue a home across from industrial property. Mrs. Anderson has property she cannot use and cannot sell,yet must pay taxes on it. The best use of the pro- perty must be considered. It has been mentioned this would be setting a pre- � cident, mould that be bad? This action was started in June and they have been working with the Planning Commission since then. It is unfair to keep her waiting this long. i REGULAR COUNCIL MEETING OE OCTOBER 18, 1971 PAGE 10 , Councilman Harris asked if there is a building on Lot 16 now. Mr. Edmundson said no, and added that 25 years from now, if for some reason those homes on Lots 17, 18, 19 and 20 were destroyed, they would never be built back up as residential. As to Lot E, Nlr. O'Loughlin has said he wants to build a nice home in there, but it has been for sale for 2 years_ He said he had made a sketch of the property and they plan access for the north half on 69th and for the south half o.ff Central Avenue. Councilman Liebl said the Planning Commission recommended denial. He would like to give this request back to them and ask them to consider this whole area. He said he was not sure how to insure proper screening for Mr. O'Loughlin, or how access could be provided for the other lots. He thought the Planning Commission turned the request down partly because the applicants were anxious for an answer. Mr. George Zeglen (Planning mmmission) said that the first week in November would be the first this could be considered. Mr. Edmundson said that the owner of Lot 19 is present and asked if she would have any ob7ection to the rezoning. Mrs. Raymond Logid, 1340 69th Avenue N.E., said no, she did not feel it would be a detriment to the wmmunity. She would not find looking at a double bungalow ob7ectionable. She added that there are going to be many multiple units to the east of there, so why ob7ect to just a double bungalow? Mr. Pha.11ip O'Loughlin, 5387 Altura Road N.E., said he had been a resident in � Fndley since 1956. It is true they did have plans to build in that area, but there is not sewer and water available and they felt it was not economically feasible at tha.s tune, but he would still like to sometime in the future. If there was a douhle bungalow on Lot 16, he definitely would not. He pointed out that he pays taxes too, and he felt this area should stay residential. Ae said that if this area is rezoned to R-2, maybe others would also. Councilman Breider said that he was not sure sending this back to the Planning Commission would accomplish anything. Mr. Zeglen poa.nted out the vote was 5- 0 in favor of denial. On Lots 17, 18, 19 and 20,the homes sit quite far back on the lots and he was sure these people are not going to destroy their homes to put a.n double bungalows. Mrs. Logid said the homes are al�out 19 years old, so they are really not that old. Councilman Kelshaw asked Mr. Zeglen what about the multiple area to the the east of Lot 16. Mr. Zeglen said the Planning Commission did not consider that, it is removed from this immediate area. Councilman Kelshaw said that perhaps the Commission should consider the whole area. Councilman Breider said that the people have indicated that they wanted to stay residential. Mayor Kirkham pointed out that the Commission was only asked to consider Lot 16 and what Councilman Kelshaw wants is to ask them to consider the area as a whole. Councilman Breider asked Mrs. Logid if she would rezone to R-2. Mrs. Logid said she would have no ob�ection, it would not affect her, she would not be rebuilding. Councilman Breider asked her if she would object if Lot E was rezoned to R-2 and she replied she would not ob7ect to that erther. You are only talking about two families on � Lot 16, and there will be many multiple units to the east of them. Mr. Donald Reese said they plan to spend $40,000 on the double bungalow on the north half of the lot. If they get the rezoning, they will try to get a lot split and they may sell the south half. He felt the lot would look much better with a $40,000 unit on it and that it would beautify the area. He pointed out to Mr. J� J REGULAR COUNCIL MEETING OF OCTOBER 18, 1971 PAGE 11 O'Loughlin that if he were to rezone to R-2, it would help the sale of his property. MOTION by Councilman Kelshaw to table this item, with the comment that there were some things he would like to check into before he votes_ Seconded by Councilman Liebl. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously. RECESS: Mayor Kirkham declared a recess at 10:00 VISITOR: The Meeting reconvened at 10:30 P.M. Mrs. Sandra Reid, 4573 Main Street N.E., Complaint of Park Construction Trucks Hauling at Night on Main Street: Mrs. Reid asked if Park Construction had a permit to haul on Main Street at night. She said they were hauling at 3:D0 A.M. last Thursday. =t did not continue on Saturday or Sunday. The City Engineer said they did receive per- mission to haul only to the EMC site at night. Th.ey do not have permiss�.on to haul on Main Street at night. Councilman Harris said he was glad she brought this to the Council's attention and added this is not the only complaint. Councilman Liebl said that he told Mrs. Reid the Council gave pernussion on a temporary basis to see how it works out. If there are too many complaints, the Council will again review the question when their time is up on the permit. There have been complaints on the blasting also. The Prosecuting Attorney said there has been a considerable amount o£ trouble through the Police Department, but not concerned with night hauling. They have been mostly traPfic violations, such as speedinq. Park Construction has been told of the trouble and they acted quickly and the complaints stopped. Mayor Kirkham assured Mrs. Reid Park Construction would be told and asked that she call the Crty Manager if it happens again. Councilman Harris said people have registered complaa.nts about the speeding on Osborne Road going past the hospital. It seemed they consa.dered their speed limit 60 MPH both full and empty. The Prosecuting Attorney said they were told if necessary the radar equipment would be set out and there would be additional patrol cars. Tj�e Police Department has been assured by Mr. Carlson that he would talk to his truck drivers, and since then, the speeding seems to have stopped. Councilman Harris said they did not receive permission to haul on Main Street at 3:OD A.M. and they should be notified of this complaint. , , The City Engineer said that in the beginning there was a dust problem from material falling off the trucks, so Fridley required sweeping. They seem to have taken care of the traffic problems. If the truck drivers are hauling on Main 5treet at night, it may be without Mr. Caxlson's knowledge. They have made a diligent effort to keep the problems to a minimum. The Prosecuting Attorney said that iP they , received permission to haul on any street at night, this is contrary to the Code, so the squad cars should be notified. The City Engineer said that before the construction started, the Council was made aware that there would be problems. Park Construction is trying to keep these problems to a ma.n3mum. He agreed he certainly did not want people bothered at 3:00 A.M. He said he vtould continue to work with them. � , f r� REGULAR COUNCIL MEETING OF OCTOBER 18, 1971 PAGE 12 � MOTION Hy Councilman Harris to instruct the Administration to notify Park Construction of the complaints received, and specifically, that they are not to haul on Main Street at night. Seconded by Councilman Kelshaw. Upon a voice vote, all ayes, Mayor Kirkham declared the motion carried unanimously. FIRST READING OF AN ORDINANCE FOR VACATION SAV #71-05 OF A SIXTY FOOT WIDE PUBLIC STREET, UTILITY AND DRAINAGE EASEMENT GENERALLY LOCATED SOUTH OF GARDENA AVENUE AND WEST OE GRACE HIGH SCHOOL: (Matterhorn Drive) MOTION by Councilman Kelshaw to approve the ordinance on first reading and waive the reading. Seconded by Councilman La.ebl. Upon a voice vote, all ayes, Mayor Kirkham declared the motion carried unanimously. FIRST READING OF AN ORDINANCE FOR REZONING REQUEST ZOA #71-OS BY REAL ESTATE 10, INC., GENE.RALLY LOCATED AT HILLWIND ROAD IN THE 1000 BLOCK: The City Engineer reported there was one gentleman who ob�ected to the rezoning and felt this was not the best use of the property. He £elt that with the whole area multiple, that an office building would be out of place. MOTION by Councilman Kelshaw to approve the ordinance on first reading and waive the reading. Seconded by Councilman Liebl. Upon a roll call vote, Breider, Kelshaw, Ka.rkham, Liebl and Harris voting aye, Mayor Rirkham declared the motion carried unanimously. � CONSIDERATION OF SPECIAL USE PERMIT SP #71-02, HARLAND E. BERRY TO CONSTRUCT DOUBLE BUNGALOWS ON LOTS 3 AND 4, BLOCK 4, OSTMAN'S 3RD ADDITION PER CITY CODE 45,051, 3,D: Mr. Roger Peterson said that the lots in the present condition are a detriment to the area, and double bungalows would certainly be an improvement. They would be walk-outs to the rear and would appear as single family homes. East xiver Road is not the best place to locate single family homes, people do not want to build on East River Road. There are many homes for sale along East River Road. Councilman Harris said he had reviewed this location. There are only two empty lots in the area, and in the adjacent area are single family lots. It has been the policy of the Council not to allow double bungalows in a single family area. Councilman Breider asked if rt was not wrrect that he tried to get this rezoned before. Mr. Peterson said yes, Lot 3. He was going to build and live on the property but when he was turned down, he bought a house in Coon Rapids. He said he still felt as he felt then, that tha.s would be a good use for the property, and as it a.s, it is a detriment. He said if he could sell the property as R-1, he would have done so long ago. MOTION by Councilman Harris to concur with the Planning Commission's recommendation and deny the request. Seconded by Councilman Breider. Upon a voice vote, a11 ayes, Mayor Kirkham declared the motion carried unanimously. � RECEIVING THE MINUTES OF THE PLANNING COMMISSION MEETING OF OCTOBER 6, 1971: LOT SPLIT REQUEST: L.S. #71-10, ADOLPH R. �LASKY: To split Lots 9, 1Q and 11, Slock 4, Adams Street Addition a.nto two building sites. �� REGULAR COUNCIL MEETING OF OCTOSER 18, 1971 PAGE 13 The City Engineer said this request was to split three 40' lots and make two 60' lots. The Planning Commission recommended approval. MOTION by Councilman Kelshaw to concur with the Planning Commission's recom- mendation and grant the lot split requested by Adolph R. Elasky. Seconded by Councilman Harris. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously. MOTION by Councilman Kelshaw to receive the Minutes of the Planning Commission Meeting of October 6, 1971. Seconded by Councilman Liebl. Upon a voice vote, all ayes, Mayor Kirkham declared the motion carried unanimously. RECEIVING THE MINUTES OF TAE BUILDING STANDARDS - DESIGN CONTROL MEETING OF OCTOBER 7, 1971• 1. CONSIDERATION OF A REQUEST TO CONSTRUCT A DAY NURSERY TO BE LOCATED QN LOTS 1.AND 2, BLOCK l, OAK HILL ADDITION� THE SAME BEING 5310 MONROE STREET N.E., FRIDLEY, MINNESOTA. (REQUEST BY SOCIAL DYNAMICS INC., 4570 WEST 77TH STREET, MINNEAPOLIS, MINNESOTA 55435): The City Engineer said the Bua.lding Board recommended approval subject to their stipulations. They have three lots and they plan to put the building on the easterly two lots. This location is 7ust west of the Target property. The fifth stipulation by the Board concerns the parking requirements. They plan on 15 parking places and this does not meet the Code. Mr. James Leidich, President of Social Dynamics, said they feel that 15 parking places is adequate. The Codes are not written for this specific kind of use. This will be more parking than is provided at their other buildings. The City Engineer said that their action would be to apply for a variance o£ the parking requirements with the Board oP Appeals. Councilman Harris asked if there would be outside activities and Mr. Leidich replied yes, there is 9000 square feet of play area and there will be a fence around their property. The City Enga.neer asked if they agreed to put in the sidewalk and Mr. Leidich said yes, they have enough roon, but he did not know if they would put in the sidewalk or the City would put it in and they would be assessed for it. The City Enga.neer said it could be done aither way, but he wanted to make certain it would line up with the sidewalk already there. MOTION by Councilman Harris to approve the building permit subject to the stipulations of the Building Standards - Design Control, changing #5 to instruct the applicant to apply to the Board of Appeals for a variance of the parking requirements. Seconded by Councilman Kelshaw. Upan a voice vote, all ayes, Mayor Kirkham declared the motion carried unanimously. 2. CONSIDERATION OF A REQUEST TO CONSTRUCT A SAI,ES AND SERVICE BUILDING ON ALL OF PARCEL 4350 AND 4360 THE SAME BEING 7501 HIGHWAY #65 N.E., FRIDI.EY, MINNESOTA. (REQUEST BY VIKING CHEVROI,ET INC.� 917 GRAND AVEN[JE� ST. PAUL __ MINNESOTA): The City Engineer said these plans are for Viking's sales and sexvice building on the Edison property and showed the plans on the easel, outlining the stipulations of the Building Standards - Design Control. � ' � �� ! �.� REGULAR COUNCIL MEETING OF OCTOBER 18, 1971 PAGE 14 , Councilman Harris said he noticed the green area in front has been reduced from what a.t is now. He felt the existing green strip should be maintained. The City Engineer said the Code requires only a 20' strip between the parking and the roadway. Ae tried to get them to maintain the existing green area, but they feel they need this area to display their new cars. They did provide some island areas. Councilman Harris said he felt the Council does have some latitude in requiring aesthetics. As the plans are now, it would be a sea of blacktop. The City Prosecutor said he would agree, but it has never been tested in court. What is there now was at some time required o£ the owner, so the question is, if the Council could require a new owner to maintain something that was required of the previous owner. Councilman Harra.s said he has seen some new car facilities and they did a very nice 7ob of landscaping. What Viking is providing is 7ust one small strip of green. The City Prosecutor said he would like to talk to the City Attorney about making this requirement before the Council acts. He would have a report ready at the next Council�Meeting. ' � MOTION by Councilman Kelshaw to table this item to the November 1, 1971 Meeting. Seconded by Councilman Liebl. Upon a voice vote, all ayes, Mayor Kirkham declared the motion carried unanimously. 3. CONSIDERATION OF A REQUEST TO CONSTRUCT A SEWND STAGE CONSISTING OF ADDED WAREHOUSE AND PRODUCTION FACILITIES. PORTIONS OF THIS ADDITION WOULD BE TO BE LOCATED ON PARCEL 6600 N3 OF SECTION 12, THE SAME BETNG 6970 CENTRAT AVENUE N.E., FRIDLEY, MINNESOTA. (REQUEST BY MEDTRONIC INC., 6970 CENTRAL AVENCJE N.E.� FRIDLEY, MINNESOTA): The City Engineer showed the plans on the easel and said this is a three stage project, and this is the second stage of their development. The Building Standards Design Control recommended approval. MOTION by Councilman Liebl to approve the plans as submitted. Seconded by Council- man Harris. Upon a voice vote, all ayes� Mayor Kirkham declared the motion carried unanimously. MOTION by Councilman Kelshaw to receive the Minutes of the Building Standards Design Control Meeting of October 7, 1971. Seconded by Councilman Breider. Upon a voice vote, all ayes, Mayor Kirkham declared the motion aarried unanamously. RECEIV2NG THE MINUTES OF THE BOARD OF APPEALS MEETING OF OCTOBER 12, 1971: l. The City Engineer reported that the first item (Mr. Donald C. Sailey, 6260 Able Street N.E.) was still pending before the Board of Appeals, so no action is necessary by the Council. 2. A REQUEST FOR A VARIANCE OF SECTION 45.053, 4B, SUBPARAGRAPH 4� FRIDLEY CITY CODE, TO REDUCE THE SIDE YARD ADJOINING AN ATTACHED GARAGE FROM 5 FEET TO 4 FEET TO PERMIT THE CONSTRUCTION OF A 7�x FOOT A➢DITION ONTO AN EXISTING GARAGE LOCATED ON LOT 5, BLOCK 2, SHOREWOOD ADDITION, THE SAME BEING 6214 CAROL DRIVE N.E., FRIDLEY, MINNESOTA. (REQUEST BY MR. KENNETH R. SWANSON, 6214 CAROL DRIVE NE, FRIDLEY, MINNESOTA) The City Engineex said this variance request is to allow the addition onto a garage to make it a double garage. The Board of Appeals recommended approval. ��� REGULAR COUNCIL MEETING OF OCSOBER 18, 1971 PAGE 15 MOTION by Councilman Kelshaw to appxove the variance requested by Mr. Kenneth R. , Swanson with the Board's stipulations. 5econded by Councilman Liebl. Upon a voice vote, all ayes, Mayor Ktrkham declared the motion carried unanimously. 3. A REQUEST FOR A VARIANCE OF SECTION 45.053, 4B, SUBPARI�GRAPH SB, TO REDUCE THE SETBACK FOR AN ACCESSORY BUILDING OPENING ON A STDE STREET FROM 25 FEET TO 20� FEET TO ALLOW THE WNSTRUCTION OF A DETACHED GARAGE ON LOTS 29 AND 30, BLOCK 10, PLYMOUTH ADDITION� THE SAME BEING 4655 2'-� STREET N.E., FRTDLEY MINNESOTA. (REQUEST BY MR. MAYNARD A. NIELSEN� 4655 2'�-� STREET N.E., FRIDLEY, MINNESOTA): The City Engineer reported the Board of Appeals recommended approval. The hardship is the existing swimming pool in the back yard limits the placement of the garage. MOTION by Councilman Liebl to concur with the Board of Appeals and grant the request for a variance for Mr. Maynard A. Nielsen. Seconded by Councilman Kelshaw_ Upon a voice vote, all ayes, Mayor Kirkham declared the motion carried unanunously. MOTION by Councilman Kelshaw to receive the Minutes of the Board of Appeals Meeting of October 12, 1971. Seconded by Councilman Liebl. Upon a voice vote, all ayes, Mayor Kirkham declared the motion carried unanimously. DISCUSSION REGARDING POSSIBILITY OF OUTDOOR SWIMMING POOL FOR FRSDLEY: Councilman Kelshaw said he had asked for this item to be placed on the Agenda � because of the many questions he has received concerning this. He said the past week he received a letter from Mr. Robert D. O'Neill, 861 Rice Creek Terrace, President of the Fridley Swim Club, and he would like this letter to be kept on file and read it aloud. He said he did not want the Council to act in haste, but perhaps over the winter some conclusions could be reached, now that the outdoor swunming season �s past. Councilman Harris said there was a suggestion made by one of the candidates running for office that he felt should be considered. It was suggested that a Capital Improvement Committee could be formed, and they could do some planning on how to pay for developments such as this. A committee such as this could be a very real asset to the wmmunity. He said he would have no objection to having a swimma.ng pool, but the big question is how to pay for it. This committee could be charged with making some recommendations along this line and if that question was answered. he would be favoral�le to the addition of such a facility. In some communrties some portion of the liquor funds are devoted to this use. Councilman Harris continued that on September 20th, the YMCA exercised their option, and there will be a swimming facility wrthin theix complex. This raises the question af Fridley should provide something that will be provided by another entity. He suggested this information should be passed on to the Swim Club, it may be that the YMCA facility would satisfy their needs. Councilman Breider said, if the Council agreed, the Administration should be asked to investigate the costs of such a facility, both inside and outside. � Councilman Harris said this could run from $750,000 to $1,000,000 and could not be budgetted for a single year. Mayor Kirkham said he would agree with the comments offered by Councilman Harris, He added that until he sees something to substantiate the rumor that Moore Lake is REGULI�R COIINCIL MEETING OF OCTOBER 18� 1971 PAGE 16 � polluted, he would not accept it, and did not agree with the wmments in the letter from Mr. O'Neill that the present outdoor swimming areas are polluted and unsafe. As a field pro�ect for his students, he has checked Moore Lake and has found no evidence of pollution. He said this does not mean he is against the idea of a pool, only that he did not want anyone to accept as a fact that Moore Lake is polluted. � r �j � • MOTION by Councilman Kelshaw to receive the letter from Nlr. Robert D. O'Neill, President of the Fridley Swim Club dated October 11, 1971. Seconded by Councilman Liebl. Upon a voice vote, all ayes, Mayor Kirkham declared the motion carried unanimously. RESDLUTION #134-1971 - STATING SHAT THE FRIDLEY CITY COUNCIL DOES NOT WISH TO PARTICIPATE IN CENTRAL DISFATCHING IN ANOKA COUNTY: Councilman Breider said he would request that Paragraph #3 be deleted from the resolution, as Anoka County nas set into force some machinery for use of the present equipment. He would also like to have Paragraph #5 deleted as the FCC has a lot of control over the frequencies to be used. MOTION by Councilman Liebl to adopt Resolution #134-1971, deleting Paragraphs #3 and #5. Seconded by Councilman Harris. Upon a voice vote, all ayes, Mayor Kirkham declared the motion carra.ed unanimously. RESOLUTIDN #135-1971 - ORDERING IMPROVEMENT AND FINAL PI�ANS AND SPECIFICATIONS AND ESTIMATES OF COSTS THEREOF: WATER, SANITARY SEWER AND STORM SEWER PROJECT #105, ADDENDUM #1: MOTION by Councilman Harris to adopt Resolution #135-1971. Seconded by Councilman Kelshaw. Upon a voice vote, all ayes, Mayor Kirkham declared the motion carried unanimously. RESOLUTION #136-1971 - ORDERING IMPROVEMENT AND FINAL PLANS AND SPECIFICATIONS AND ESTIMATES OF COSTS THEREOF: STORM SEWER PROJECT #101: MOTION by Councilman Harris to adopt Resolution #136-1971. Seconded by Councilman Breider. Upon a voice vote, all ayes, Mayor Kirkham declared the motion carried unanimously. CLAIMS: MOTION by Councilman Harris to approve payment of General Claims #26570 through #26659 and Liquor Claims #6013 through #6071. Seconded by Councilman Breider. Upon a voice vote, all ayes, Mayor Kirkham declared the motion carried unanimously. LICENSES: Multiple Dct+ellings Name Address Units , Duane & Rosemary Oftelie 6503 E. R�.ver Rd. 5 4511 Gettisburg Ave. No. Minneapolis, Minn. 55428 Wm. A. Mechels 351 74th Ave. N.E. 11 155 97th Ave. N.E. Blaine, Minn. 55434 Fee Approved By $10.00 F1re Prev. Dept. 1 L 00 Fire Prev. Dept. i �� REGULAR COUNCIL MEETING OF OCTOBER 18, 1971 LICENSES CONTINUED: Masonry Bendiske Concrete & Masonry 825 Lincoln Street Anoka, Minnesota Plastering George W. Lovgren & Sons 5900 Wisconsin Circle New Hope, Minnesota General Contractor Random, Inc. 700 77th Street Circle Pine, Minnesota C.S. Corporation 701 Columbia Boulevard Minneapolis, Minnesota Style-Rite Builders 4517 Minnetonka Blvd. Minneapola.s, Minnesota Cigarette Champlin Station 7298 Hwy. 65 Fridley, Minnesota Service Station Champlin Station 7298 Hwy. 65 Fridley, Minnesota Christmas Tree Lot Holiday Village North 250 57th Ave. N.E. Fridley, Minnesota Prostop Drive-In 7699 Viron Road Fridley, Minnesota Off Sale Beer Champlin Station 7298 Hwy. 65 Fridley, Minnesota By: Arthur Bendiske By: George W. Lovgren By: Fxed Rehbein By: Clem Johnson By: Harlen Schraber By: Q Petroleum Co By: Q Petroleum Co By: Erickson Brothers By: Sherman Hanson By: Q Petroleum Co. PAGE 17 Approved By Building Inspector Building Inspector Building Inspector Building inspector Building Inspector Police Chie� Building Inspector Fire Inspector Fire Inspector Fire Inspector Health Inspector � � , � � � `f REGUI.AR COUNCIL MEETSNG OF OCTOBER 18, 1971 LICENSES CONTINUED: Food Establishment Frontier Steak House 7373 Central Ave. N.E. Fridley, Minnesota Champlin Station 7298 Hwy. 65 Fridley, Minnesota By: Ruth Arthur By: Q Petroleum Co. PAGE 18 Approved By Health Inspector Health Inspector MOTION by Councilman Brea.der to approve the licenses as submitted. Seconded by Councilman Liebl. Upon a voice vote, all ayes, Mayor Kirkham declared the motion Carried unanimously. ESTIMATES: Hardrives, Inc. 10135 Central Ave. N.E. Minneapolis, Minnesota 55433 REVISED FINAL ESTIMATE #5 fox Street Improvement Pro]ects St. 1971-1 & St. 1971-2 (MSA) Weaver, Talle and Herxick 316 East Main Street Anoka, Minnesota 55303 October Billing ST. 1971-1 $ 2,797.25 ST. 1971-2 10,158.09 3,691.40 MOTION by Councilman Harris to approve payment of the estimates as submitted. Seconded by Councilman Breider. Upon a voice vote, all ayes, Mayor Kirkham declared the motian carried unanimously. COUNCIL APPROVAL OF LOEFFEL-ENGST.RFIND COMPANY BILL (REQUEST BY FIREMEN'S PENSION ASSOC., MUNICIPAL GARAGE): MOTION by Councilman Harris to approve payment of the Loeffel-Engstrand bill in the amount of $5,184.00 by the Firemen's Pension Association. Seconded by Councilman Kelshaw. Upon a voice vote, all ayes, Mayor Kirkham declared the motion caxned unanimously. AUTHORIZATION OF GERALD R. DAVIS, CITY MANAGER, TO ATTEND THE 1971 ANNUAL CONFERENCE OF THE INTERNATIONAL CITY MANAGEMENT ASSOCIATION, NOVEMBER 7 TO NOVEMBER 11, 1971: � MOTION by Councilman Breider to atthorize the attendence of the Crty Manager at the 1971 annual conference of the International City Management Association. Seconded by Councilman Relshaw. Upon a voice vote, all ayes, Mayor Kirkham declared the motion carried unanimously. �;{) REGULAR COUNCIL MEETING OF DCTOBER 18, 1971 CONIMUNICATIONS: A. GARDENA ELEMENTARY SCHOOL: THANK YOU FROM PTA PAGE 19 MOTTON by Councilman Liebl to receive the communication from the Gardena Elemen- tary School P.T.A, dated October 13, 1971. Seconded by Councilman Kelshaw. Upon a voice vote, all ayes, Mayor Kirkham declared the motion carried unanimously_ B. INDEPENDENT SCHDOL DISTRICT #16: REQUEST FOR VACATION OF 75�i AVENUE APID CLEVELAND STREET MOTION by Councilman Kelshaw to receive the communication from Independent School District #16 dated October 14, 1971 and turn over their request for the vacation of streets to the Administration to process. Seconded by Councilman Liebl. Upon a voice vote, all ayes, Mayor Kirkham declared the motion carried unanimously. REGAR.DING NSP RELOCATION OF THE 115 KV LINE: Councilman Harris said that he was still concerned about the delay in the removal of the 115 KV line. Their completion date was in August and it is still not completed. The City Manager said he did have a verbal report concerning the po].es along 69th Avenue. The reason they cannot be installed is Hecause the poles are to be in- stalled underneath the existing line which is energized now. They have agreed to move them further back into the park behind some screening until they can be installed. He said he met with Mr. Warren .7ohnson and Mr. Johnson asked that the City not get involved in the negotiations for a short time as they feel that bringing in a third party may disturb the negotiations at this point and they feel they are close to a settlement. He said he agreed to wait until the first of the year. It seems that NSP is trying to reach a resolvement of their problems wrth Burlington Northern. MOTION by Councilman Harris to institute the proceduxe the Council used before and require a written report on the status o£ the removal of the 115 KV line from NSP to be received by the Council on the first and tha.rd meeting nights. Seconded by Councilman Kelshaw. Upon a voice vote, all ayes, Mayor Kirkham declared the motion carried unanimously. ADJOURNMENT• There being no further business, Mayoz Kirkham declared the Regular Council Meeting of October 18, 1971 ad7ourned at 11_10 P.M. Respectfully submitted, ����;Jj� L'��C'N/f 1 Juel Mercer Secretary to the City Council ���� [���a�_ Jack O. Kirkham Mayor ' � �