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11/01/1971 - 00017815I__,i THE MINUTES OF THE REGULAR COUNCTL MEETING OF NOVEMBER 1, 1971 PLEDGE OF ALLEGI.ANCE: Mayor K�.rkham led the Council and the audience in saying the Pledge of Allegiance to the Flag. INVOCATION: Reverend Bergren, Redeemer Lutheran Church offered the Invocation. Mayor Kirkham called the Regular Council Meeting of November 1, 1971 to order at 7:35 P.M. ROLL CALL: MEMSERS PRESENT: Kelshaw, Kirkham, Liebl, Harris, Breider MEMBERS ABSENT: None PRESENTATION OF AWARDS: Mayar Kirkham presented Certifa.cates of Achievement to Tewolde Seyoum of � Addis Abaha, Ethiopia, a Rotary Inte'snational Student and Ada Pena, of Cali, Columbia, an American Field Service Student. He also presented a Certificate of Appreciation to Reverend Henry J. Bergren of Redeemer Lutheran Church for serving as Chaplin for the City Council for about the past two years. � ADOPTION OF TAE MINUTES OF THE REGULZ�R COi3NCIL MEETING OF OCTOBER 4, 1971: MOTION by Councilman Liebl to adopt the Minutes of the Regular Council Meeting of October 4, 1971 as presented. Seconded by Councilman Breider. Upon a voice vote, all ayes, Mayor Kirkham declared the motion carried unanimonsly . ADOPTION OF THE MINUTES OF THE SPECIAL PUBLIC HEARING MEETING OF OCTOBER 12, 1971- MOTION by Councilman Harris to adopt the Minutes of the Special Public Hearing Meeting of October 12, 1971 as submitted. Seconded by Councilman Breider. Upon a voice vote, all ayes, Mayor Kirkham declared the motion carried unanimously. AD�PTION OF TAE MINUTES OE THE REGULAR COUNCIL MEETING OF QCTQHER 18, 1971= MOTION by Councilman Sreider to adopt the Ma.nutes of the Regular Council Meeting of October 18, 1971 as submitted. Seconded by Councilman Harris. Upon a voice vote, all �es, Mayor Kirkham declared the motion carried unanuuous ly _ ADOPTION OF AGENDA: MOTION by Councilman Kelshaw to adopt the Agenda as presented. Seconded by Councilman Lieb1. Upon a voice vote, all ayes, Mayor Kirkham declared the motion carried unanimously. r� b c � �� �� 7 r� REGULAR COUNCIL MEETING OF NOVEMBER l, 1971 PAGE 2 VISITORS; ' Mayor Kirkham asked if there was anyone present to speak on any non-agenda type item, with no response. CONTINUED PUBLIC HEARING ON CON5IDERATION OF THE ADOPTION OF AN ORDINANCE AUTHORIZING THE CITY TO ISSUE A FRANCHISE FOR THE ESTABLISHMENT OF CA$LE TELEVISION WITHIN THE CITY OF FRIDLEY: (CONTINUED FROM OCTOBER 12� 1971) Mayor Kirkham said at the public hearing held the 12th of October the Council invited any communication from anyone interested regarding cable television. The parties were asked to write to the City Manager and these comments and suggestions have been passed on to the Council. The hearing was held open to allow time for anyone to submit anything additional that might come to mind. MOTION by Councilman Liebl to receive the following communications regarding cable television: Independent School District #16 dated October 16, 1971, Superintenderit of Schools LVO-Sun Cable Communications dated October 29, 1971, Carroll E. Crawford LVO Cable Inc. dated October 22, 1971, Edward E. Drake Anoka County Library, dated October 27, 1971, Jerry Young, Director Mary Ellen Black, dated October 27, 1971 General Television dated October 27, 1971, Robert B. Hinkley ' Jon M. Shafer, Independent Consultant, dated September 28, 1971 Communa.ty Tele-communications, Inc. dated October 26, 1971, Graham Moore Jud McCarthy, University o£ Minnesota, Communications Consultant, dated October 25, 1971 General Television dated October 21, 1971, James B. Goetz, President Seconded by Councilman Kelshaw. Upon a voice vote, all ayes, Mayor Kirkham declared the motion carried unanimously. Councilman Liebl said that a main concern to him, and to many other people, is that there be some sort of a committee or a board of ethics set up. This could be comprised of a representative from the clergy, the business world, labor, education and one could be appointed by the Mayor with the concurrence of 4/5 vote of the Council. He felt this would help to instill the confidence of the people and bring about representation. The City Attorney said this could be included and he would prepare a draft of that section. Councilman Harris said he would agree with this suggestion, but he wondered if it should be limited to S members. The board should be broad enough to allow for repre- sentation and pointed out that on some of the other boards and comma.ssions with only five, sometimes it is difficult to get a quorum, due to the busy schedules of the people. He suggested considering a working force of seven or nine members_ Councilman La.ebl said ha.s concern was to get a workable body and if there are too many, it becomes impractical. He felt this would give the people assurance of access to this vehicle, Mayor Kirkham said the idea appeals to h�.m, but there may be other duties charged to this body, therefore, it should , be left flexible enough to fulfill a number of functions. He suggested the number be left open until their duties are determined. (7 cti l r c � REGULAR COUNCIL MEETING OF NOVEMBER 1, 1971 PAGE 3 � Councilman Liebl said he must insist on this board Uefore he would vote for the ordinance. Councilman Breider asked Mr. Goetz, as to interconnection, what would be done for District #16 in Blaine, Spring Lake Park and the northern section of Fridley if Blaine and Spring Lake Park do not have a cable system_ Mr. James Goetz, General Television, said they were not in a position io dictate to any school district, but they are prepared to provide physical facilities to make connection possible. Should the other communrties move ahead, General Television is fully prepared to cooperate with them, the breadth is limited by those in other communita.es. Mx. Sex'ome Slatz, Tele-communications, Inc., said that he was not able to answer, however the Council received a letter from Mr. Graham Moore and this outlines what Tele-communications will be able to do as to interconnection. Everything possible will be done. Mr. Keith Libbey, LVO Cable Ine., said that LVO believes the contiguous communrties will follow Fridley's lead and will adopt the same ka.nd of technical standards Fridley adopted. Based on that assumption, there will be no prob?em in service to the rest of the school district not in Fridley. Councilman Breider asked what is the time frame involved. Mr. Libbey said he could not give a good guess, but interconnection is not a ma�or stumbling block. The statement was made in their proposal that they are willing to provide any additional technical help. Mr. Blatz, Tele-communications Ine., said there would be no problem, the interconnection could be made immediately_ Mr. Goetz, General Television, � said that when Blaine and Spring Lake Park get their system built, Fridley can interconnect. Councilman Harris said that Mr. Libbey mentioned Fridley being a leader in the cable television field and asked if the Anoka County League of Muna.cipalrties had discussed this. Mayor Kirkham read aloud a news release from a meeting on October 28th, and added that Fridley's ordinance would serve the other com- munities as a model ordinance to follow. Mrs. Mary Ellen Black, 389 Rice Creek Terrace, said that the more she read, the more problems there seems to be. She said the 5% the City got back, she would much rather see in services, rather than profit. In New York a franchise was awarded and there is provided free access, a free staff and cameras and free technical assistance. This would be much more beneficial than the money the City would get back. With the City getting back money, in a sence Fridley could be considered a stock holder, so when the rates are raised, the City would be more inclined to go along with higher rates because that would mean more profrt to them. This might not be in the best public interest. She said she would like to see the Council take this under advisement, and consider entering into some soxt of 7oint endeavor. 3oining together would assuxe a common system and there would be more to share legal costs etc. A councilman from each town could be appointed as representative and they could meet and work,something out rather than have Fridley assume the whole direction of cable television. Mr. Jud McCarthy, University of Minnesota, saa.d that in speaking, and o£fering � his comments in writing tc� the Council, he is speaking for himself and not on behalf of the University, Al1 public agencies and groups have not had a chance to study all the amplications of cable television yet. Even at the University there is not a completed study. If cable television were to be developed and all the educational bodies did not have adequate access, and could not provide service, he would be very much dismayed. All these groups transcent municipal � �� REGULAR COUNCIL MEETING OF NOVEMBER 1, 1971 pAGE 4 boundaries. FIe said he wanted to stress that local control must be maintained, , and to do this, a very good �ob must be done. If rt is mismanageci, this country will see federal control. He urqed that all other agencies be given time to respond or there may be federal control. A lady from the Fridley Residents £or Action, said that people are 7ust now starting to become concerned about cable television, and they would like to urge a sa,x month moritorium. Councilman Harris said that he understood the Metro- politan Council went before the Legislature and they were not successful. He asked the companies present if they were involved in this and what their feelings are as to why the moritorium was not granted on a state-wide basis. Mr. Blatz saa.d that the bill called for a moritorium and was put before the Public Service Commission. Obviously this bill did not constitute an emergency. A professor from the University app�red and a representative from one of the companies talked. This bill did not meet the guidelines, and added that he did not know if anything has been done in the House, The proper committee is not even active now. The ramifications go far beyond just declaring a moritor�um. Mr. James Goetz said he appeared before the Legislature and the testimony he presented has been submitted to many bodies in the State. The xeal gist of the issue is who should grant franchises. He said they are vigorously opposed to any State agency becoming the franchise authority. He said thea.r feeling is that municipalrties and cable companies have operated in a substantial and responsive manner to take care of their people. He added that this ordinance as proposed is � a tough ordinance. Mr. Keith Libbey said that LVO's position is that they did not £eel a moritorium is necessary and were opposed to it. Councilman Liebl asked Tele-communa.cations Inc. stand and Mr. Blatz said they were also opposed. Councilman Harris asked approximately how many ca]�le television stations were in the State of Minnesota. Mr. Goetz replied about 50. Mr. Winston Jacobson, 121 79th Way N.E., said, referring to the comment by Councilman Breider, that he wondered how anything done in Fridley would affect School District #11, which is the school district he is in. He asked if there has been any discussion with Anoka Ramsey Junior College or the Techna.cal School in Anoka. The City Manager said he held a meeting in September, and Anoka Ramsey Junior College was present. There would be an allocation of a certain percentage of channels for public service, but the details of who gets what would not be spelled out in the ordinance. It would remain to be seen who would have a use for these channels. Because of the actual outlay of money, not many schools are prepared at this time to use their channels. It will take some time to get the equipment and staff to go into CATV. Nlr. Jon Sha£er, Independent Consultant, said that all the companies stated that they would inunediately interconnect with the surrounding municipalities that share overlapping school districts. How will the cost be allocated for the micro-wave equipment necessary to interconnect� How will there be interconnection � with Anoka Ramsey Junior College and the Anoka County Library? There could be a micro-wave tower, but how would it be determtned who would pay how much? ,�� {'* ; � REGULAR COUNCIL MEETING OF NOVEMBER l� 1971 PAGE 5 ' Mr. Goetz said that it must be understood that in talking abaut interconnection with ad7acent communities, you are not talking about micro-wave, you are talking about coa�cial cable which is a negligible cost, and would only amount to about $4200 to $4300 per mile. He said it is difficult to answer a hypothetical question, if Fridley is a leader in this area, then it will depend on how the other communities develop and where the headends are located. He said no.ne of the companies are in a position to indicate a willingness will exist between the school districts, the School Boards determine their own criteria for their own districts. Mr. Shafer said that using an amplified cascade system means that even though the signal strength is maintained, quality is not necessarily maintained. There is a degrading of quality. In his understanding, interconnection by coaxial cable is not a viable position when talking about the metropolitan area. Mr. Goetz said he had with him a gentleman well quali£ied to offer technical expertise, and he would be willing to debate this with Mr. Shafer i£ he so desired. This gentleman is one of 12 founders of cable television. When talking about direct cascading, over a distance of 50 miles, thexe will be some degradinq, however, when talking al�out ad7acent communities, you are not talking of distances of 50 miles. It would be at the most 5- 10 - 15 miles and for this distance coaxial cable is used. He added that as to micro-wave, they serve LVO and others with micro-wave and are well aware of its application to the industry, and its capability for long distances. � Councilman La.ebl said there has been quite a lot of additional communication and advice in regard to the proposed ordinance. According to the City Charter the Council could not legally have a first reading tonight, as there must be at least 20 days before the first reading after the hear�ng is closed. FIe said he �„ould like additional opportunity to study this 40 page ordinance, along with the cormnunications received, in order to render an intelligent and re- sponsible decision. MOTION by Councilman Liebl to close the Public Hearing and instruct the City Manager and the City Attorney to prepare a second draft of the ordinance incorporating those suggestions and changes they feel valid. Seconded by Councilman Kelshaw. Mr. Jerome Blatz said that he would like to comment on the $25,000 acceptance fee required. He said he realized Bloomington r.equired this, and they did lncur considerable expense, however, Tele-communications feels this should be predicated on the actual expense incurred in the first year, after that the $50,000 bond becomes applicable. He questioned the constitutata.onality since it is not predicated on any costs. The $25,000 is intended as a guarantee that there will be compliance as far as installation, so after installation, the balance should be applied towards the revenue. Councilman Liebl said this ordinance must provide protection to the citizens. This money was required to guarantee that a company will live up to what they claim they will do. Mr. Blatz said that anyone in the industry would consider this a tough ordinance and it does grant protection to the citizens, but after a.nstallation there is , a$50,000 bond that must be posted to provide that protection. He said, what if every commumty demanded such a fee? 3 i�� � REGULAR COUNCIL MEETING OF NDVEMBER l� 1971 PAGE 6 Councilman Harris said the Council is cognizant of the suqgestions made by the ' people appearing at the public hearing, and these comments, along with the suggestions from the companies will be considered. The City Manager and the City Attorney in the next few weeks will be redrafting the ordinance with these things in mind. ' Mr. Shafer urged that Fridley make use of free consultant groups such as the National Educational Association or the Ford Foundation. He suggested sending their proposed ordinance to them for their opinion. He said it was very dan- gerous to accept the opinions of the cable companies who are economically involved. He added that as he said at the first public hearing, a franchise length of 7- 10 years would be pxeferable over 15 years. The Ford Foundation and the Michigan Committee on the Future of Educational Telecommunications both recommend a 7- 10 year franchise. After a short discussion, it was decided that the City Manager and the City Bttorney could have the second draft of the ordinance prepared by November 29th and it would be back m the Agenda Decemher 6, 1971. THE VOTE upon the motion, being a voice vote, all ayes, Mayor Kirkham declared the hearing closed at 8:35 P.M. RECESS: Mayor Kirkham declared a recess at 8:35 P.M. The meeting reconvened at 9:00 P.M. , CONTINUED PUBLIC HEARING ON THE 1972 BUDGET: (Continued from October 18, 1971) The C�ty Manager said that the mill levy comes to 42.05 mills, or slightly under a 7o increase over las'� year's budget. He said he had met with the State tax people and feels that this budget falls within their guidelines set up. MOTION by Councilman Liebl to close the public hearing on the 1972 budget. Seconded by Councilman Kelshaw. Upon a voice vote, all ayes, Mayor Ktrkham declared the hearing closed at 9:05 P.M. ORDINANCE #492 - AN ORDINANCE ADOPTING CHAPTER 23 OF THE FRIDLEY CITY CODE REGULATING THE LICENSING AND MANNER OF CONDIICTING DANCES: MOTION by Councilman Harris to adopt Ordinance #492 on second reading, waive the reading and order publication. Seconded by Councilman Liebl. Upon a roll ca11 vote, Kirkham, Liebl, Harris, Breider and Kelshaw voting aye, Mayor Kirkham declared the motion carried unanimously. ORDINANCE #493 - FOR VACATION REQUEST SAV #71-OS OF A STXTY FOOT WIDE PUBLIC STREET, UTILITY AND DRAINAGE EASEMENT GENERALLY LOCATED SOUTH OF GARDENA AVENUE AND WEST OF GRACE HIGH SCHOOL: (Matterhorn Drive) MOTION by Councilman Kelshaw to adopt Ordinance #493 on second reading, waive the reading, and order publication withheld until the right of way and ease- � ment are xeceived from the Archbishop. Seconded by Councilman Harris. Upon a voice vote, all ayes, Mayor Kirkham declared the motion carried unanimously. � C7 � REGULAR COUNCIL MEETING OE NOVEMBER 1, 1971 PAGE 7 � ORDINANCE #494 - FOR REZONING REQUEST ZOA #71-OS BY REAL ESTATE 1Q SNC. GENERALLY LOCATED AT HILLWIND ROAD IN THE 1000 BLOCK: MOTION by Councilman La.ebl to adopt Ordinance #494 on second reading, waive the reading and order publication: Seconded by Councilman Kelshaw. Upon a roll call vote, Kelshaw, Kirkham, Liebl, Harris and Breider voting aye, Mayor ICirkham 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 GENERPS,LY LOCATED ON THE S.E. CORNER OF CENTRAL AVENUE AND 69TH AVENUE: (DONALD W. REESE) {Tabled October 18, 1971) Councilman Liebl said that at his request this ltem was tabled previously until there was a full Council present. He said the Council had asked the developer to prepare a presentation and explain the costs and what assurance could be given to the property owners to the south of this lot. Mr. Donald Reese came forward to the Counca.l table and presented some plans and said they planned rn from $40,000 to $46,000 investment. The lot is 110' X 275' and thep planned to build one double bungalow to start with, split the lot and perhaps later build another. The utilities run on the west side of Central Avenue up to 69th Avenue and th�y have already agreed to give an easement for the utilities. � There followed a lengthy discussion at the Council table, with the question being asked if the petitioners would agree to split the lot and only rezone the north half of the lot. The owner, Mrs. Anderson, Mr. Edmundson, Mrs. Baker and some neighbors came forward for the discussion while looking at the plans. It was agreed that all the interested parties would retire to the Community Room to discuss what could best be done with this lot and would come back later for a Council decision. NOTE. This item again discussed latex in the evening. CONSIDERATION OF ISSUING A BUILDING PERMIT TO CONSTRUCT A SALES AND SERVICE BUILDING ON ALL OF PARCELS 4350 AND 4360, THE SAM� BEING 7501 HIGHWAY #65 N.E. REQUEST BY VII�TNG CHEVROLET, INC.: (Tabled October 18, 1971) Councilman Breider said this item was tabled because the Council wanted to discuss the elimination of the green area in front of the building being replaced with blacktop with Viking Chevrolet. The Council would like to see the green area remain. Mr. Ken Issacson, owner of Viking Chevrolet, said that retaining this green area, he felt, would in�ure his ability to do business because the building they will be using is not elevated as other show rooms are. In the ma7ority of show rooms the glass goes from floor to ceiling. In front of the building they want to park vehicles for sale and also use that area for customer parking. Councilman , Harris said that it would seem to him there would be better visual access if the green strip were to remain and cars were not parked there. Mr. Issacson showed the Council on the plans where he would like to put in the green strip and said this would be providing both a 10' green strip in front of the building along the road and another 15' strip on the sides. Councilman Aarra.s said �� REGULAR COUNCIL MEETING OF NOVEMBER l� 1971 PAGE 8 that over his years on the Council, they have never approved a building with � that much blacktop. Mr. issacson said there raould be a 15' - 16' strip of grass in front of the building. Councilman Harris said he was sure if the entire green area was computed, it would not amount to 5% of green area. Mr. Issacson said he originally wanted space for 12 cars, but Mr. Wyman Smith convinced him to cut it down to 8 spaces. Mr. Smith said the problem here is to make use of an existing building which is second choice to Viking Chevrolet. As the Council knows, they had planned to design a whole new building. He said Viking Chevrolet must think in terms of showing the vehicles competively. Councilman Harris said that there was plenty of room in back of the building, why not put some of the parking in the back. Mr. Issacson said it must be convenient for customers to come into the store. Councilman Liebl asked if they agreed to the Building Standards - Desiqn Control stipulations and NLr. Smith said yes. There followed a discussion at the easel while looking at the plans trying to reach a compromise. MOTION by Councilman Harris to approve the plans as modi£a.ed by the Council this evening to eliminate the westerly row of parking spaces in £ront of the building and also the curbed islands next to the building. The replaced parking area is to be curbed and sodded and they are to stripe the parking lot. Seconded by Councilman Kelshaw. Upon a voice vote, all ayes, Mayor Kirkham declared the motion carried unanimously. � DISCUSSION REGARDING FIP.ESIDE RICE BOWL LIQUOR LICENSE: (Tabled October 18, 1971) N1r. Glen Wong said that he did not have the plans ready yet and that he is still talking with his contractor. He asked that this be laid over and brought back again when he is ready. MOTION by Councilman Liebl to table this item until Mr. Wong again requests it on the Council Agenda. Seconded by Councilman Kelshaw. Upon a voice vote, all ayes, Mayor Kirkham declared the motion carried unanimously. FIRST READING OP AN ORDINANCE .ADOPTING THE BUDGET FOR THE FISCAL YEFIR 1971: MOTION by Councilman Harris to approve the Ordinance on first reading and waive the reading. Seconded by Councilman Breider. Upon a roll call vote, Breider, Kelshaw, Kirkham, Liebl and Harra.s voting aye, Mayor Kirkham declared the motion carried unanimously. RESOLUTION #137-1971 - A RESOLUTION DETERMINING THE NECESSITY OF AND PROVIDING FOR A TAX LEVY IN EXCESS OF NORMAL CITY CHARTER SAX LIMITS: MOTION by Councilman Harris to adopt Resolution #137-1971. Seconded by Councilman Liebl. Upon a voiee vote, all ayes, Mayor Kirkham declared the motion carried unanimously. ' �.I REGULAR COUNCIL MEETING OF NOVEMBER l, 1971 PAGE 9 RESOLUTION #138-1971 - A RESOLUTION CERTIFYING TAX LEVY REQUIREMENTS FOR 1972 TO THE COIINTY OF ANOKA FOR COI,LECTION: C40TIDN by Councilman Kelshaw to adopt Resolution #138-1971. Seconded by Councilman Breider. Upon a voice vote, all ayes, Mayor Kirkham declared the motion carried unanimously. CONSIDERATION OF ISSUING AND LICENSE, EAST RIVER ROAD TO GEORGE D. NICKLOW: CONSIDERATION OF ISSUING LIQUOR LICENSE� SHOREWOOD LOUNGE, TO WII�LIAM A. NSCKLOW GEORGE P. KANAVOS AND SAMES A. NICKLOW: Councilman Breider asked what is the approximate time they will be ready for business. Mr. Rallis said they have had some trouble with the keather and came forward to show the Council pictuxes o£ the progress on the East River Road Lounge. They still plan on being ready for business by the holiday season. He said it will shortly be necessary to break through the wall at the East River Road Lounge. The work on the Shorewood Lounge has not progressed as far, but they still plan on a hollday opening there too. He said he did not want to break into the wall until he had a key to the establishment. The City Manager said they have reached an agreement that they will buy the open stock. ' The Ca.ty Attorney said a stirict interpretation of the law would be that they must be ready to serve food before they could get a liquor license, but if it was slightly before due to circumstances, he thought it could be defended in court. He would not recommend issuing a liquor license to Shorewood in the stage oP progress they are in now. He suggested putting this item on the Agenda again the 6th of December and if sata.sfied with the progress, the Council could take action on both licenses. � MOTION by Councilman Harxis to authorize issuing the liquor licenses for the East River Road Lounge and Shorewood Lounge to be e£fective December 6th, sub�ect to review by the Council at the Meeting of December 6th to see if construotion is at such a point it is substantially oompleted. Seconded by Councilman Liebl. Upon a voice vote, all ayes, Mayor Kirkham declared the motion aarried unanimously. RECEIVING THE MINUTES OF THE PI.ANNING COMMISSION MEETING OF OCTOBER 20, 1971: MOTION by Councilman Liebl to receive the Minutes o£ the Planna.ng Commission Meeting of October 20, 1971. Seconded by Councilman Breider. Upon a voice vote, all ayes, Mayor Kixkham declared the motion carried unanimously. RECEIVING TAE MINUTES OF THE SPECIAL PLANNING WMMISSION MEETII3G OF OCTOBER 27, 1971 TOWNHOUSE DEVELOPMENT: ROGER LARSON. North 813 feet of east 3/4 of NEa of the NEo- of Section 13. The City Engineer said this townhouse development is on 69th Avenue and Stinson Boulevard. The Council has reviewed the preliminary plans before. The Planning Commission recommended approval o£ the revised plans thex considered at the October 27th Meeting. They required some additional work on the outside through �' �p L�Y1 d��� REGULAR COUNCIL MEETING OF NOVEMBER 1� 1971 PAGE 10 some fireplaces on the units facing 69th Avenue and some txeatment in the � fronts. The density is still the same, 141 units planned. He added they have 7ust suhmitted the deeds for the park land. MOTION by Councilman Liebl to receive the deeds submitted this date to the City Engineer for the park land. The motion was seconded and upon a voice vote, all ayes, Mayor Kirkham declared the motion carried unan.imously. Mr. Frank Reese came forward and introduced himself as the architect for the pro7ect, and presented the plans at the Council table. There have been brick fireplaces added on those units along 69th Avenue and they plan to use a variety of six different stains and two shingle colors plus the accent colors on the doors and trim to make the units attractive. Councilman Harris asked how they propose to keep the doors from weathering. Mr, Reese said they plan on using rough sawn redwood which does not weather as much. They will be bonded and will stay flat. The� plywood will be 12" grooves on center. The trim will be impregnated with plastic so it will not feather. Councilman Harris asked how much brick will be used. Mr. Reese said on the end units along 69th Avenue there will be 8' wide fireplaces 2� stories high. Councilman Harris asked why they did not use brick on the other buildings for accent. Mr. Reese said they would not mind, but the F.H.A. does have stipulations on how much can be spent in the 221 D4 program. Shis is for low to moderate income rental housing. He said they have to agree to take a certain amount of the rent through Federal subsidizing. The di£ference between the amount the renters can pay and the rent is made up by the Federal government. ' Councilman Harris asked if this has any a£fect on taxes and Mr. Reese said he did not know. Councilman Breider asked the cost per unit. Mr. Reese said $11.50 per square foot, for 1200 square feet, would be about $24,000 per unit for a three bedroom unrt. They will all be rental units with �the rent being $270 per month. He said this program has not been exercised in the suburbs, usually the 235 and 236 programs are used. The 221 D4 program has been used more extensively in the center cities. Sheir units wzll have full basements, air conditioning, the usual ranges with fans and refrigerators and hook ups for washers and driers. The rooms are quite spacious. Councilman Breider said that mu2tlplying the square footage times the cost does not come out to anything like $24,000, it is more like $13,000. This is not much in the way of construction costs when considering $270 a month rent. Mr. Reese said that actual costs would run about l0a - 15� higher. Councilman Lieb1 said, referring to the Planning Commissxon minutes, there were some comments made that these plans were an improvement over the last plans submitted. They felt there should be more brick on the buildings. Mr. Reese said at the suggestion of the P2anning Commission the brick fireplaces were added to the units on 69th Avenue, They seemed to be concerned about the appearance from 69th. They plan to use great emphasis on landscaping and plan on using 3" - 4" trees. They would like to use shade trees and foundation � plantings. Each unit would have a tree zn the front and back. Councilman Liebl said this Council has always been an advocate of quality construction. He pointed out in the case �ust before the Council, Viking Chevrolet, they were faced with making do with an existing building and some ad7ustments had to be made, but in this case, these would be new buildzngs and this is a very sub- a,", p r� y, REGULAR COUNCIL MEETING OF NOVEMBER 1, 1971 PAGE 11 ' stantial piece of land. When the Council was considering rezoning for Mr. Hammerlund for this piece of property, Mr. Hammerlund made the Council feel rt was a substantial proposal for quality multiple units. Now the average cost of construction is only $13,OOD and the buildings are all new. Somehow the plans got away from what the original developer wanted to do, and now it seems we are moving backwards. He said he voted against an apartment house building in his ward at a cost per unit of $12,000 per unit. Most unrts approved in the past run about $16,000 -$17,000 to $18,000 per unit. When talking about this amount of money, you are talking about quality construction. The Council will have to take a good look at this, there may be a future slum area created. This Council has to be cautious with the little bit of land left available for development. The Council has in the past waived some of the requirements on existing structures, but for new construction, the Council must insist on quality construction, and it must be an attractive complex lp years from now. The construction should be such that it will withstand the weather in Minnesota, this is the point in the suggestions £or brick. Brick is durable and a developer would then have a right to charge such rentals, but he did not see how a developer could charge $270 per month with this type of construction. Mr. Roger Larson said they are now bidding out the pro7ect and the costs of this development will be running aroung $16,000 to $17,000 £or the building itself and does not include landscaping, roads, garages etc. They estimate $20,OOD t0 $22,000 per unit including water and sewer. He said he has built several town- houses similar in construction and all these structures ran about $18,000 per ' unit three years ago. Councilman Liebl asked why they are determined to put in this type of sidinq when they have been asked to consider brick. Brick maintenance is cheaper. Mr. Larson said that the side along 69th Avenue could be all brick if the Council wants, but there is only so much money committed to this project. Councilman Breider asked where the other townhouse complexes he has built are located. Mr. Larson said one is on West Ri.ver Road behirad Lynbrook Bowling Al1ey and behind the Fire Station, which is 92 units. Another is on 82nd in Bloomington and there is a third on Hillsdale and McKnight below 3M. Councilman Breider asked if he used brick on the others. The developers replied they used some, the units in Brooklyn Center have aluminum siding. Mr. Reese added that they looked at other townhouse developments to see what materials held up the best. They found that rough sawn siding with ampregnated staa.n is lasting a long time, much better than painted boards. This is what they took into consideration when thinking a.n terms of future appearance. They met with the Planning Commission in a special meeting, and he was sorry the Council did not agree with them. Councilman Harris said Fridley does not have a specific townhouse ordinance requiring outside finishes, but when considering townhouses, you are talking about multiple units and for multiple units there is required that some of the construction be done in brick or some alternate surface materials. This plan seems to be circumventing the intent to follow through with this sort of plan on all multiple units. Another consideration is whether a renter would have a ' conversion right to go under one of the other programs, such as the 235. He asked that the Administration check this out. He agreed rough sawn siding is durable, but maybe the trim would not stand up. He said he has seen some structures with plywood used on them and that is the shabbiest part of the building. �} � REGLTLAR COUNCIL MEETING OF NOVEMBER 1, 1971 PAGE 12 MOTION by Councilman Breider to table this item to the Meeting o£ November ' 15th, and in the meantime, the Council will review the other buildings built by Mr. Larson and the Administration Rill check on the 221 D4 program, what affect it would have on t�es, and if there are conversion privileges. Seconded by Councilman Kelshaw. The City Engineer said he wanted to point out the parking ratio is very low. For a three bedroom unit there are two parking spaces. For apartment buildings, with three bedrooms, 2�� spaces are required. Viewcon is providing four parking spaces per unit. He questioned if 2 parking spaces would be adequate, and suggested perhaps 2'-, should be required. Besides two cars, you have to con- sider that some people may have trailers, snowmobiles etc. As to the recreational facilities, he would like to see them extend the road and provide a parking lot to the south towards the park. Councilman Harris asked under the R-3 ordinance, what percentage of the structure has to be brick. The City Engineer replied SOo. Councilman Breider said he understood there would be garages. The City Engineer said they would be in the center area, one stall per family. THE VOTE upon the motion, being a voice vote,all ayes, Mayor Kirkham declared the motion carried unanimously. MOTION by Councilman Liebl to receive the Minutes of the Special Planning Commission Meeting of october 27, 1971. Seconded by Councilman Kelshaw. Upon a voice vote, all ayes, Mayor Kirkham declared the motion carried unanim- ously. � RECEIVING THE MINUTES OF THE BUILDING STANDARDS - DESIGN CONTROL MEETING OF OCTOBER 21, 1971: CONSIDERATIDN OF A REQUEST TO CONSTRUCT A STORAGE AND ASPHALT BATCHING PLANT TO BE LOCATED ON PART OF LOTS 18� 19� 20, 23� 37 AND 38� AUDSTOR'S SUB- DIVISION #39, THE SAME BEING 3737 EAST RIVER ROAD� FRIDLEY, MINNESOTA, 55421. (REQUEST BY DUNKS,EY SURFACING COMPANY, INC.� 3756 GRAND STREET N.E., FRIDLEY, MINNESOTA 55421): MOTION by Councilman Kelshaw to concur with the Building Standards - i7esign Control Subcommittee and grant the request. Seconded by Councilman Harris. Upon a voice vote, all ayes, Mayor Kirkham declared the motion carried unani- mously. RECEIVING THE MINUTES OF THE BOARD OF APPEALS MEETING OF OCTOBER 26, 1971: 1. A REQUEST FOR A VARIANCE OF SECTION 45.053� SUBDIVISION 4� PARAGRAPH B, SA TO REDUCE THE SETBACK REQUIREMENT FOR A GARAGE OPENING ON A SIDE STREET FROM 25 FEET TO 23 FEET TO ALLOW THE CONSTRUCTION OP A DETACHED GARAGE ON LOT 4� BI,OCK 1, SAOREWOOD .ADDITION, THE SAME BEING 6260 ABLE STREET NE., FRIDLEY, MINNESOTA. (REQUEST BY MR. DONALD C. BAILEY, 626D ABLE STREET N.E., FRIDLEY, MINNESOTA): A REQU.e.ST FOR VARIANCES OF: SECTION 45.053, SUBDIVISION 4, PARAGRAPH B, ' 5A, TO REDUCE THE SIDEYARD SETBACK REQUIREMENT FROM 17g FEET TO 13.2 FEET IIQ FROM THE SOUTH SIDE OF THE EXISTING DWELLING TO PERMIT THE CONSTRUCTION OF A PATID, AND SECTION 45.151, PARAGRAPH 8, TO CONVERT AN EXSSTING NON- CONFORMING GARAGE INTO LIVING AREA ON LOT 4� BLOCK l� SHOREWOOD ADDITION, THE SAME BEING 6260 ASLE STREET NE., FRIDLEY, MINN. (REQUEST BY DONALD C. BAILEY, 6260 ABLE STREET NE., FRIDLEY, MINNESOSA): �a! � k REGULAR COUNCIL MEETING OF NOVEMBER l� 1971 PAGE 13 ' MOTION by Councilman Kelshaw to concur with the Board of Appeals and grant the variances as requested by Donald C. Bailey. Seconded by Councilman Liebl. Upon a voice vote, all ayes, Mayor lU.zkham declared the motion caxxied unanimously. 2. A REQUEST FOR A VARTIINCE OF SECTION 45.075� E3, FRIDLEY CITY CODE, TO REDUCE THE FOOTAGE REQUIREMENT FOR A GARAGE TO BE AWAY FROM A LOT LINE FROM 5 FEET TO ZERO FEET TO PERMIT THE CONSTRUCTION OF A 5 STALL GARAGE ODS LOTS 11, 12, 13 AND 14, BLOCK 3, SPRING BROOK PARK ADDITION, THE SAME BEING 231 79TH WAY NE., FRIDLEY, MINNESOTA. (REQUEST BY VIRGINiA T. JACOBSEN, 231 79TH WAY NE, FRIDLEY� MINNESOTA): The City Engineer explained there is a 12' alley behind this property that has been platted. His department has already received a request to vacate this alley and they have rec2ived a letter from NSP stating they have no ob7ection. Miss Jacobsen would not be occupying any part of the alley. Councilman Liebl asked Miss Jacobsen's position in regard to vacation of this alley and she replied that she has started a petition and already has quite a few signatures. She added that she would like to save as many trees as possible. MOTION by Councilman Breider to concur with the Board of Appeals and grant the request for a variance sub�ect to the vacata.on request of the alley and with the raquest that she save as many txees as possible. Seconded k�y Councilman Kelshaw. Upon a voice vote, all ayes, Mayor Kirkham declared the motion carried unanimously. � MOTION by Councilman Lieb1 to receive the Minutes of the Board of Appeals Meeting of October 26, 1971. Seconded by Councilman Kelshaw. Upon a voice vote, all ayes, Mayor Kirkham declared the motion carried unanimously. RECEIVING THE MINUTES OF THE PARKS AND RECREATION COMMISSION MEETSNG OF SEPTEMBER 27, 1971: The City Manager zeported that th� Parks and Recxeation Commission have re- quested the City Attorney to outline their position in regard to their duty in the preparation of the budget. The City Attorney said he had received their request, but had not yet given his opinion. MOTIDN by Councilman Harris to receive the Ma.nutes of the Parks and Recreation Commission Meeting of September 27, 1971. 5econded by Councilman Kelshaw. Upon a voice vote, all ayes, Mayor Kirkham declared the motion carried unani- mously. RECEIVING THE MINUTES OF THE PARKS AND RECREATION COMMISSION MEETING OF OCTOBER 18, 1971c Councilman Liebl pointed out that Mr. Olson would like an answer to the question of whose responsibility it is to trim boulevard trees. The City Manager said he is currently working on this problem. , MOTION by Councilman Kelshaw to receive the Minutes of the Parks and Recreation Commission Meeting of October 18, 1971. Seconded by Councilman Liebl. Upon a voice vote, all ayes, Mayor Kirkham declared the motion carried unanimously. cj,� -�- REGULAR COUNCIL MEETING OF NOVEMBER l, 1971 PAGE 14 CONSIDERATION OF REQUEST FROM SHELTER HOMES CORP. FOR EXTENSION OF A SPECIAL ' USE PERMIT FOR A MODEL HOME AT TARGET STORE SITE: Councilman Kelshaw asked if there would be any effect on the tax base if water and sewer were put in. The Finance Director said the building would be valued if it is there .7anuary lst. The water and sewer installation was part of the hearing held a few weeks ago and Target felt the improvement was premature. The installation of water and sewer would have a very negligible affect on the ta7ces. Councilman Harris said the he had heard enough good comments about their business to be willing to approve their request. MOTION by Councilman Harra.s to extend the special use pesmit for Shelter Homes Corporation for one year, to expire December 31, 1972. Seconded by Councilman Kelshaw. Upon a voice vote, all ayes, Mayor ICtrkham declared the motion carried unanimously. RECEIVING INFORMATION REGARDING RECEIVING GRADING PERMISSION k'ROM THE VILLAGE OF NEW SRIGHTON FOR A TEMPORARY ROA➢ TO SILVER LAKE ROAD FROM 2NNSERUCK NORTH: MOTION by Councilman Kelshaw to receive the information found in the Council Agenda of Novemher 1, 1971. Seconded by Councilman Liebl. Upon a voice vote, all ayes, Mayor Kirkham declared the motion carried unanimously. Mr. Chuck Van Eeckhout, Viewcon, said that basically, they maintain the posrtion that this roadway would be in a"temporary location". He said Viewcon would � accept an alternate location at such time New Brighton determines to build the permanent road and they have agreed to install the road in their 1972 con- struction season. This temporary road means it would be used until the per- manent road is constructad. He added he hoped Fridley and New Brighton would work together on selecting the alignment for this access. Councilman Harris said he hoped any alternate would tie into the existing roadway in Innsbruck North. DISCUSSION REGARDING APPROVAL OF AGREEMENT FOR ACQUISITION OF LAND FROM LOT 16� BLOCK 5, HYDE PARK ADDITION FOR T.H. #47 - 60TH AVENCIE SLIP-OFF: (IEENNETH KNAPP) (ST. 1970-3) The City Attorney said he had receive the letter found in the Council Agenda from the attorney for Kenneth Knapp. Some time aqo the Council authorized the City Attorney to condemn or negotiate for the land needed for the slip-off. The City had offered Mr. Knapp $200 for 400 square feet and he felt he should have $3,000 in damages. The settlement as it appears now, he felt was reasonable under the circumstances, which provides for a payment of $1,000. As to his request that he not be assessed, this also appears reasonable as he does not receive any benefit as he had prior access. Councilman Breider questa.oned �3 providing that 60th Avenue east of Third Street will be 24 feet wide. The City Attorney said originally the proposal was for 18 feet, but to have adequate radius to get into the garage they felt it should be wider. The City Engineer said this could be worked out, and added , that this is money for acquisition that was not anticipated and was not included in the estimate. The cost is considerable higher than the City Assessor carries the land value. The City Attorney said he felt that if this settle- ment was not approved, there would have to be three appraisers hired, and legal costs for a court settlement, and this would run considerahly more. � �� REGULAR COUNCIL MEETING OF NOVEMBER 1, 1971 PAGE 15 � MOTION by Councilman Liebl to concur with the recommendation of the City Attorney and approve the agreement for the acquisition of part of Lot 16, Block 5, xyde Paxk Addition fxom Mr. Kenneth Knapp. �St. 1970-3) Seconded l�y Councilman Kelshaw. Opon a voice vote, all ayes, Mayor Kirkham declared the motion carried unanimously. CONSIDERATSON OF CLAIM, SEWER SERVICE AT 5017 CLEARVIEW LANE N.E., FRANK SARAZIN: MOTION by Councilman Harris to concur with the recommendation of the Adminis- tration and approve payment of the claim of Frank Sarazin in the amount of $250. Seconded by Councilman Liebl. Upon a voice vote, all ayes, Mayor Kirkham declared the motion carried unanunously. CONSIDERATION OF REQUEST TO EXTEND BLASTING AND CRUSHING PERMIT - PARK CON- STRUCTION COMPANY: The City Enqineer said the Council authorized a 30 day permit for blastinq, and their request is to extend their permit for blasting until the end of the pro�ect. They would also like to proceed with the crushing �or the durat�.on of the pro7ect. They have not as �et done any blasting in Fridley, it has all been done in Columbia Heights so far. There were some problems with the blasting and they have increased the numbes of charges and decreased the size of the charge and since then there have been no further complaa.nts. If the Council wishes to extend the permit, he would suggest extending to 90 days, and at that ' time the Council could again review it. The City Manager said he would like to emphasize that the blasting and crushing should only be done during normal working hours. Mr. Gerald McDOnald, Park Construction, said the crusher is not located in Fridley, but in Columbia Heights and they work two 8 hour shifts from 6:00 A.M. to 10:00 P.M. The City Engineer commented that this was in Columbia Heights' 7urisdiction and they could regulate the crushing. He suggested the permit contain the same conditions as the one they are operating under now. Council- man Liebl said the Council would appreciate it if Park Construction would con- tinue to use East River Road as they agreed and stay off the residential streets as much as possible. MOTION by Councilman Kelshaw to approve the blasta.ng permit for park Construc- tion for three months with the same conditions as the one they are operating under now. The motion was seconded and upon a voice vote, all ayes, Mayor ICirkham declared the motion caxxied unanimousLy. CONTINUED FROM EARLIER IN MEETING: CONSIDERATION OF FIRST READING OF AN DRDINANCE FOR REZONING REQUEST ZOA #71-06 TO REZONE FROM R-1 TO R-2 (DOUBLE BUNGALOW) 21REA GENERALLY LOCATED ON THE S.E. CORNER OF CENTRAL AVENUE AND 69TH AVENUE - DONALD W. REESE: The interested parties came back from thea.r conference in the Community Room , and said they had contacted Mr. Ing Siverts, owner of Lot C, south and slightly east of Lot 16, and he was now present. Councilman Harris said that his suggestion was, recognizing the problem of developing this corner lot, would be to allow a double bungalow on the north � ' �' REGULAR COUNCIL MEETING OF NOVEMBER l, 1971 PAGE 16 half of the lot, split the lot, and maintain the south half of the lot for a ' single family dwelling. Mr. Siverts said that his property does not abut Lot 16, so as Rar as he was concerned, it did not make any difference to him whether it was developed as R-1 or R-2, or if it was split. He felt that the major consideration would be the traffic problem to the people living there because of the txaffic from Onans and Medtronics. Councilman Kelshaw asked him i£ he would be opposed to Lot E being rezoned £or double bungalows and he replied yes, if this would be setting a precident £or double bungalows to move downward, then he would ob- 7ect, if not, he would not care. Councilman Harris said that tkais may not be a factor now, but it may at some future time. Mr. Edmundson questioned, if a road were to go in south of Lot 16, they would have one half of the cost, and asked Mr. Siverts if there was an easement given for that. Mr. Siverts said Lot E has 66' frontage on Central Avenue. This is the amount of land Fridley did not want €or their park. This would suggest there is enough land for a roadway to serve the north half of Lot E with aacess. Mr. Edmundson pointed out that if this rezoning does not go through, there is a possibilrty Mrs. Anderson may be assessed on the south side of t.he lot besides being assessed on the north side, and she still cannot sell the lot. If she does not split the lot, she will be doubly assessed. Councilman Harris said, as far as his vote was concerned, he would not allow a rezoning on the whole lot. Mr. Edmundson said there would be no benefit to Lot 16 in having the road to , the south of Lot 16 unless the lot was split. Councilman Harris said true, but two structures are not allowed on one lot without a lot split. Covncilman Harris said, as to assessments, Central Avenue is a county road and the City assesses for curbing, however, in this case, there is no curbing at this time. Mrs. Baker asked what about the utilities. The Finance Director said there is no sideyard assessment for utilities, they are assessed on front footage. Mr. Edmundson said if the Reeses' do not buy the lot, then Mrs. Andexson could be assessed for improvements she cannot afford, she cannot a�ford the lot now. Mr. Reese said that he and his wife had decided they would like to rezone the whole lot. MOTION by Councilman Breider to deny the rezoning on Lot 16,Revised Auditor's Suhdivision #10 from R-1 to R-2 requested by Donald W. Reese. Seconded by Councilman Harris. Councilman Liebl asked Mr. Phillip O'LOUghlin (LOt E) if his position was that if he also would have the right to rezone to R-2, he would not oppose this rezoning, but if he were to be denied rezoning an Lot E, then he would be opposed to this rezaning, and Mr. O'LOUghlin replied yes. Councilman Liebl asked if he would be opposed to a lot split with either R-1 or R-2 and Mr. O'LOUghlin said no. Mrs. Anderson said that a part of the purchase agreement was that it would be ' sold if it could be rezoned. She said if she had to pay an assessment for street, sewer and water, she �ust could not do it. Mrs. Baker added that Mrs. Anderson is not holding this land for investment, she has been trying to dispose of it. � �'� REGIILAR COUNCIL MEETING OF NOVEMBER 1, 1971 PAGE 17 , The City Attornay said he wanted to point out that i£ this request is turned down, another cannot be made £or six months. Mrs. Baker said the frontage of Lot E is 66 feet and the lot is approximately li� acres. The majority of the property is not on Central, but is back and is quiet and secl.uded. She did not feel a double l�ungalow on Lot 16 would affect Lot E because of the way the lot is laid out, any structure would have to be set quite far back and this would further remove it from Lot 16. She added that the double bungalow could not be seen through the trees anyhow. Councilman Harris said the question here is where to draw the line. By setting a precident, the City could not then deny a rezoning on Lot 17 etc. Councilman Kelshaw said the ma�ority of the people have not been in opposition to the xezoning. If there was a single family dwelling on Lot E, thexe still would not be any need for a new road. The double bungalow would have to face Central Avenue. Mr. Reese said yes, they would plan to face the building toward Central Avenue. THE VOTE upon the motion, being a voice vote, Harris, Breider and Kirkham voting aye, Kelshaw and Liebl vota.ng nay, Mayor Iiirkham declared the motion carried. Councilman Liebl commented that he could not see why anyone would build a residenta.al home on this lot� and in his opinion, this request was a legitimate one. Mrs. Baker added there will probably be future requests for rezoning on this lot, there have been some inquiries into this lot for commercial use, and , she thought that a double bungalow would be preferable to commercial as far as the residents were concerned. Mayor ICirkham said he agreed with Councilman Harris, he would have voted in favor of rezoning the north half of the lot, but he could not go along with rezoning the whole lot. APPROVAL OF AGREEMENT FOR PERFORMAIVCE OF A TRANSPORTATION STUDY FOR NORTHTOWN CORRIDOR: MOTION by Councilman Harris to approve the agreement for the performance of a transportation study for the Northtown Corridor. Seconded by Councilman Breider. Upon a voice vote,all ayes, Mayor Kirkham declared the motion carried unanimously. RESOLUTION #139-1971 - APPROVING PLANS AND ORDERING ADVERTISEMENT FOR SIDS: WATER, SANITARY SEWER AND STORM SEWER PROJECT #105-1 MOTION by Councilman Liebl to adopt Resolution #139-1971. Seconded by Council- man Breider. Upon a voice vote, all ayes, Mayor Kirkham declared the motion carried unanimously. DISCUSSION REGARDING COLUMBIA HEIGHTS - FRIDLEY IMPLEMENTING THE SOINT POWERS ACT: Mayor Kirkham said the proposal is to see if Columbia Heights and Fridley could agree to enter into a study to see if there are any areas where the two cities , could work 7ointly to save either tune, money or energy, or to be more e£fecient. This was done five years ago with Spring Lake Park, Hilltop, Fridley, and Columbia Heights. Since that time Fridley has developed considerably. He saa.d his primary concern was to be in a position to prove to the Metropolitan Council, if and when there wa5 a time to become one city, that the cities can function better individually to solve their own problems. If the study were to show there were some areas Fra.dley and Colvmbia Hezghts could work 7ointly, fine. �� � REGULAR COUNCIL MEETING OF NOVEMBER 1� 1971 PAGE 18 Councilman Harris said one area for discussion would be for fire protection to be from Coliunbia Heights for the lower section o£ Fridley since it is closer. Mayor Kirkham agreed and added that the suburbs must constantly be prepared to respond to any dictates of the Metropolitan Council. Councilman Liebl said he would like to see the staff lay out some criteria for discussion. At this stage he did not feel the talk should he at the Council level. He added that he knew Columbia Heights had some pollution pxoblems Fridley does not have. They also have problems with their police pension fund. He asked if this was any kind of a forerunnex to becoming one city. Mayor Kirkham said in no way is this the suggestion. He said he did not think this was a sta£f problem, but that the two Councils should get together to find areas to work out. Councilman Liebl said it may be found at the sta£f level that there is no common ground. Councilman Breider agreed that the Administration should formulate 7ust what should be investigated. There may be some points the Administration could stggest that the Council is not aware of. MOTION by Councilman Harris to ask the Fridley City Manager to meet with the Columbia Heights City Manager to determine if there is any common ground to work on that would be of benefit to both cities. It may be apparent at a very early date there would be no benefit. Seconded by Councilman Lieb1. Upon a voice vote, all ayes, Mayor Kirkham declared the motion carried unanimously. RECEIVING UP-TO-DATE REPORT ON REPAIR AND IMPROVEMENT PROJECT #104 - LOCKE LAKE DAM: � MOTION by Councilman Harris to receive the report from Comstock and Davi5, Inc., Consulting Engineers, dated October 27, 1971. Seconded by Councilman Breider. Upon a voice vote, all a�es, Mayor Kirkham declared the motion carried unanimously. CLAIMS: MOTION by Councilman Liebl to approve payment of General Claims #26660 through #26780 and Liquor Claims #6072 through #6103. Seconded by Councilman Breider. Upon a voice vote, all a�es, Mayor Kirkham declared the motion carried unanimously. LICENSES: Multiple Dwellings Name Lucia Lane Apts. Vernon M. Eide, Gen. Partner 412 Southview Blvd. South St. Paul, Minn. Same Same Address 6670 Lucia Lane 6680 Lucia Lane 6690 Lucia Lane Units Fee Approved By 16 $16.00 Fire Prev. Bureau 16 16 $16.00 Fire Prev. Bureau $16.00 Fire Prev. Bureau � r , , ' ' REGULAR COUNCIL MEETING OE NOVEMBER 1, 1971 LICENSES CONTINUED: General Contxactor Daco Construction 8701 Jefferson N.E_ Blaine, Minnesota By: Frank Diagle Ron Scholl Construction 1508 Ferndale Avenue Fridley, Minnesota By: Ronald Scholl PAGE 19 Appzoved Sy Building Inspector Bualding Inspector MOTION by Councilman Harra.s to approve the licenses as sul�mitted. Seconded by Councilman Kelshaw, Upon a voice vote, all ayes, Mayor Kirkham declared the motion carried unanimously, ST FOR HOUSE TRAILER PERMIT BY MEDTRONICS. INC.: MOTION by Councilman Harris to approve the request for a house trailer permit £or Medtronics, Inc. Seconded by Councilman Kelshaw. Upon a voice vote, all ayes, Mayor Kirkham declared the mot�..on carried unanunously. ESTIMATES: Randall & Berglin, Inc. 6801 Plaza Curve Minneapolis, Minnesota FINAL E5timate #2 for the construction of Sanitary Sewer, Water and Storm Sewer Improvement Pro�ect #1.05 Dunkley Surfacing Company 3756 Grand Street N.E. Columbia Heights, Minnesota 55421 FINAL Estimate #7 for Street Improvement Pro�ect St. 1970-4 Claytron, Inc. 7946 Eastwood Drive Minneapolis, Minnesota 55432 FINAL Estimate #1 for construction of Repair & Relief to Locke Lake Dam, Project '�104 Bury & Carlson, Inc. 6008 Wayzata Boulevard Minneapolis, Minnesota 55416 Partial Esti[nate #2 for Street Improvement Pro7ect St. 1970-3 $34,983.71 $ 3,999.90 $11,33D.00 $39,228.90 �� � i��� REGULAR COUNCIL MEETING OF NOVEMBER l� 1971 ESTIMATES CONTIN[JED: Comstock & Davis, Inc. 1446 County Road "J" Minneapolis, Minnesota 55432 For the Furnishing of Professional Engineering Services FINAL Estimate #1 for Sanitary Sewer and Storm SeWer Improvement Pro7ect #100 FINAL Estimate #2 for Water Improvement Project #95, Schedule B Partial Estimate #1 for Sanitary Sewer, Water and Storm Sewer Improvement Pra7ect r�105 Partial Estimate #1 £or Sanitary Sewer, Water & Storm Sewer Improvement Pro�ect #105 from Sept. 3, 1971 through october 2, 1971 Randall & Berglin, Inc. 6801 Plaza Curve Minneapolis, Minnesota 55432 Partial Estimate #1 for the construction of Sanitary Sewer, Water and Storm Sewer Improvement Pro�ect #105 Suburban Engineering, Inc. 6875 Highway �65 N.E. Minneapolis, Minnesota 55432 Partial Estimate #1 for staking of utilities in Innsbruck North Pro�ect #103 Partzal Estimate #1 for inspection time through 10-21-71 for construction of utilities in Innsbruck North Pro�ect #103 Dunkley Surfacing Co., Inc. 3756 N.E. Grand Minneapolis, Minnesota Partial Estimate #1 for Water, Sanitary Sewer & Storm Sewer Pro7ect #103 (Innsbruck North) PAGE 2D S 3,228.67 $ 1,433.66 $ 2,981.69 $ 1,712.39 $18,�88.07 $ 1,292.02 $ 181.72 $31,990.99 MOTION by Councilman Harris to approve payment of the estimates as submitted. Seconded by Councilman Liebl. Upon a voice vote, all apes, Mayor Kirkham declared the motion carried unanimously. WMMUNICATIONS. A. FINANCE DIRECTOR: SEVERANCE PAY FOR ON-SALE LIQUOR EMPLOYEES: � � CI C ' L__J �� �� � REGULAR COUNCIL MEETING OF NOVEMBER 1, 1971 PAGE 21 MOTION by Councilman Liebl to receive the communication from the Finance Director dated October 27, 1971. Seconded by Councilman Breider. Upon a voice vote, all ayes, Mayor Kirkham declared the motion carried unanimously. RESOLUTION #140-1971 - AUTHORIZING THE TEMPORARY TRAPISFER OP FUNDS FROM THE STATE AID REVOLVING ACCOUNT TO THE NORTH PARK CAPITAL FUND: MOTION by Councilman Harris to adopt Resolution #140-1971. Seconded by Councilman Liebl. Upon a voice vote, all ayes, Mayor K�.rkYiam declared the motion carried unanimously. RESOLUTION #141-1971 - A RESOLUTION TO ADVERTISE k'OR SIDS: TCIORKMEN`S COM- PENSATION INSURANCE: MOTION by Councilman Kelshaw to adopt Resolution #141-1971. Seconded by Councilman Liebl. Upon a voice vote,all ayes, Mayor Kirkham declared the motion carried unanimously. CONSIDERATION OF RESOLUTION REQUESTING STATE TO FOLLOW NELd CITY PRECINCT BOONDARIES: The Finance Directox said that Councilman Kelshara had asked .�or tlits item to be put on the Agenda, but he heard on the news tonight that tihe Governor vetoed the bill before the Legislature, so it is now up to the cour�s. DISCUSSION REGARDING MEETING WITH SCHOOL BOARDS: Councilman Kelshaw voiced a concern reqardinq the relationship between the Council and the School Board. There has been a lot of talk about the lack of communication, and he wondered if it would not be possible to meet with them once a quaxter. Counca.lman Breider said this is a good suggestion, however, you are not �ust talking about School Distxict #14, but also #13, #16, and #11. This would make a lot of ineeta.ngs. The Council agreed to discuss this again. after the new Council takes over in January. DISCUSSION REGARDING THE RICE CREEK NATURE TRAIL: Mr. Jim Gibbs, Prosecuting Attorney, said he was speaking as a citizen and property ownex, not in any of€iaial capacity. Last week when he was at Anoka County, he saw some elaborate plans for the Rice Creek walkway. There is some sort of a plan wherein they are talking about getting easements, and he, for one, is very disturbed. In no way would he care to see walkways through his back yard. Zt seems the plan is to get approval from Anoka County, then present it to the crtizens. Fridley's Parks and Recreation Director has talked to the County and he would like to know what is going on. When the presentation was made to the Council a few months ago, the Council was not going to participate in the program. Councilman Breider said there was no mention of taking any private property, and he would not be in favor of a lot of foot traffic across what is essentially private property. Mr. Gibbs said there is not any community along R�.ce Creek that has done more to preserve the creek banks, and already a considerable amount o£ the property belongs to Fridley, or there is access to it. He said this talk about getting � �� �� REGULAR COUNCIL MEETING OF NOVEMBER 1, 1971 PAGE 22 easements for walkways scares him, especially when the Parks Director was up there to see about easements. He added he did not know what he was doing. The Council asked for a report on this at the next regular Council Meeting. ADJOURNMENT: There being no further business, Mayor Kirkham ad�ourned the Regular Council Meeting of November 1, 1971 at 1I:45 P.M. Res ectfully submitted� ��� .�i�Gcf�C.'v'`c..� Juel Mercer Secretary to the Crty Council � � G�.� � �`L�ea„�.. �� Jack 0. Kirkham - Mayor � � �