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01/05/1970 - 5577GOUNC3Ia SFi'R.�..''.4�.'Y.`,.,?�r.i, .��;h.�:rR GO'JNC1L J`�,`�;L•',�'.'��`�'� �G:f�°iLlk.!� 7;30 PoM�— JANUARY 5, 1970 0 REGULAR COUNCIL MEETING AGENDA - JANUARY 5, 1970 - 7:30 P.M. PLEDGE OF ALLEG�ANCE; INVOCATION: SEATING OF A FIRST WARD COUNCILMAN: (See Memo from City Attorney) ROLL CALL: APPROVAL OF MINUTES: Regular Council Meeting, December 15, 1969 ADOPTION OF AGENDA: VISITORS; Consideration of Items not on Agenda - 15 Minutes PUBLIC HEARINGS: None OLD BUSINESS: 1. Consideration of Second Reading of Ordinance Rezoning in Hyde Park and City View Addition (Tabled 12/15/69) Page A Pages 1 - 18 Pages 19 - 21 REGULAR MEETING AGENDA, JANUARY 5, 1970 pAGE 2 OLD BUSINESS (CONTINUED) 2. Consideration of Development Plan of Planned Development (P.D. ��68-10) Howard Dumphy 3. Fixst Reading of an Ordinance Under Section 12.07 of Che Fridley City Charter to Vacate Streets and ALleys and Amend Appendix C of the City Code (SAV 4�69-07) Five Sands (Tabled 12/15/69) 4. First Reading of an Ordinance Under Section 12.07 of the Fridley City Charter to Vacate Streets and Alleys and Amend Appendix C of the City Code (SAV �ik69-10) Thomas Albers (Tabled 12/1S/69) 5. Second Reading of an Qrdinance Under Section 12.07 of the Fridley City Charter to Vacate Streets and Alleys and Amend Appendix C of the City Code. Mike 0'Bannon 6. Second Reading of an Ordinance Amending Fridley Ordinance No. 78 (Snowmobiles) 7. Second Reading of an Ordinance Amending Fridley Ordinance No. 88 (Snowmobiles) Page 22 Pages 23 � 25 Pages 26 & 27 Pages 28 & 29 Page 30 Page 31 REGULAR MEETING AGENDA, JANUARY 5, 1970 PAGE 3 OLD BUSINESS (CONTINUED) , 8. Reaffirmation of Resolution ��199-1969, Ordering Plans and Specifications for Hooking up Certain Areas to NSSSD Lines, Pro ject �k97 9. Reaffirmation of Resolution �f207-19b9, Receiving and Approving Plans and Specifications for Hooking up Cer*.ain Areas to NSSSD Lines, Project ��97 10. Reaffirmation of Resolution �ik216-1969, Ordering Preliminary Plans, Specifications and Estimates of Costs, Water Improve- ment Project �ik98 11. Reaffirmation of Resolution ��217-1969, Receiving Preliminary Report and Calling a Public Hearing, Water Improvement Pro ject ��98 12. Reaffirmation of Resolution �k218-1969, Ordering Improvement and Final Plans and Specifications and Estimates of Costs, ST. 1970-1 NEW BUSINESS: Page 32 Page 33 Page 3l► Pages 35 & 36 Page 37 13. Designation of Depository for City Funds (Ctsarter 7.13) Page 38 REGULAR MEETING AGENDA, JANUARY 5, 1970 PAGE 4 NEW BUSINESS (CONTINUED) 14. Resolution Designating Legal Newspaper (Charter 12.01) 15. Resolution Setting Council Meeting Day and Time (Charter 3.01 as Amended) 16. Consideration of Committee and Commission Appointments 17. Resolution Designating Council Representative on NSSSD Board 18. Resolution Designating Director and Alternate Director on Suburban Rate Authority 19. Receiving the Minutes of the Planning Commissior� Meeting of December 17, 1969 20. Receiving the Minutes of the Building Standaru� - Design Control Meeting of December 18, 1969 � Pages 39 & 40 Page 41 Pages 42 - 44 Pa ge 45 Page 46 Pages 47 - 53 Pages 54 & 55 REGUI,AR MEETING AGENDA, JANUARY 5, 1970 PAGE 5 NEW BUSINESS (CONTINUED) 21. Receiving Bids and Awarding Contract for Electric Generator (Bids Opereed January 2, 1970) 22. Awarding Contract for Workmen's Compensation Insurance (Bids Opened December 15, 1969 at 11:00 A.M., Received December 15, 1969 at Council Meeting) 23. Consideration of Acceptance of a Deed, Lot Z, Block 3, Great Northern Industrial Center 24. Ordering Additional Street Lights and Changes of Lights 25. Approval of Fire Department PayrolZ (June thrQUgh December) 26. Discussion Regarding Requested Credit for Water Hookup Charge (Mr. Richard E. Osman) � Pages 56 - 59 Pages 60 - 64 Pages 65 & 66 Page 67 Pages 68 - 72 ' , REGULAR MEETING AGENDA, JANUARY 5, 1970 PAGE 6 � ' NEW BUSINESS (CONTINUED) � I I' 27. Resolution Authorizing and Directing the Splitting of Pages 73 & 74 Special Assessments on Parcel 320, Auditor's Subdivision No. 92, and Parcels 150 and 250, Worrel's Addition, and �i ' Replatting into Amber Oaks Addition � ' ', 28. Consideration o� Request from Erickson Petroleum Corp, P�ge 75 to Maintain Roadway , ' 29. Accepting Resignation; Thomas D. Cochran, Parks and Page 76 Recreation Commission � ' 30. Claims page �� ' , ' 31. Licenses Page� 78 - �0 ' ' 32. Consideration of Request for Permission for Annual Page 81 Jaycee Christmas Tree Burning ' ' � � I I REGULAR MEETING AGENDA, JANUARY 5, 1970 PAGE 7 NEW BUSINESS (CONTINUED) 33. Estimates 0 34. Request for use of Council Chambexs by Metropolitan Transit Commission, January 22, 1970, 7:30 P.M. 35. Request for use of Council Chambers by GOP Committee, January 15, 1970, 8;00 P.M. ADJOURN: Page 82 � � MEMO T0: MEMO FROM: M E M 0 R A N D 11 M City Manager City Attorney Re: Certificate of Election December 30, 1969 C i ty Attorney' s off i ce has rece i ve d an i nqu i ry from the mayo� relative to the issuance of a certificate. The City Attorney has conferred with the Honorable Judge William Juhnso�, Judge for the District Court for the Tenth Judicial District, relative to his order designating for a certificate to be issued. Judge Johnson informed the City Attorney that �he issuance should be held off u�til final determination of the mat�e�. The City Attorney's off i�ce has conferred with Attorneys Nith cont�stee - and the co�testant and both indicate that they are of a similar opinion; that is that the filing of an appeal by the contestant wou I d be grounds for a de I ay i n the i ssuance o.f the Cert i f i cate of Election unti) final determination of the matter unless the Supreme Court of the State of Minne�ota should direct otherwise. Attorney, Wyman Smith, has been in contact with Virgil C. Herrick. They have agree� to d � scu ss tl�c; r,�� t, ter further an J bc• p�epared to give additional information to the council at the meeting of January 5, 19%0. THE MTNUTES OF THE REGULAR COUNCIL MEETTNG OF DECEMBER 15, 1969 Mayor Kirkham called the Regular Council Meeting of December 15, 1969 to order at 7;47 P.M. PLEDGE OF ALLEGIANCE: Mayor Kirkham lead the Council and tRe audience in saying the Pledge of Allegiance to the �lag. INVOCATION: Father Keefe, St. Williams Catholic Church offered the Invocation. ROLL CALL: MEMBERS PRESENT: Samuelson, Sheridan, Kirkham, Liebl MEMBERS ABSENT: Harris PRESENTATION OF AWARDS: Mr. Virgil Wills, Police Civil Service Coznmissi.on and Mr. Laxxy Soxnsen� ' Building Standards Design Control Subcommittee were not present to receive their Certificates of Appreciation, so Mayor Kirkham asked the City Manager to send them to the recipients. APPROVAL OF THE MINUTES OF THE REGULAR COUNCIL MEETING OF DECEMBER 1, 1969: MOrION by Councilman Liebl to adopt the Minutes of the Regular Council Meeting of December l, 1969, as presented. Seconded by Councilman Samuelson. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried. APPROVAL OF THE MINUTES OF THE SPECIAL PUBLIC HEARING MEETING OF DECEMBER 8, 1969: MOTION by Councilman Samuelson to adopt the Minutes of the Special Public Hearing Meeting of December 8, 1969. Seconded by Councilman Liebl. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried. ADOPTION OF AGENDA: Mayor Kirkham stated that there were some items to add to the Agenda as follows: 9A: Ornermaa Dike Easement. 30A: Consideration of resolution authorizing and directing the splitting of special assessments on Parcels 4720, 4760, and 4780, All part of Outlot 1, Melody Manor 4th Addition, and Replatting into Maple Manor Addition. 38: Memo from City Manager regarding Holiday schedule. 39: Calling for bids for generator for emergency power. 40: Consideration of resolution opposing Y.S.A. convention at Unive.rsity. MOTION by Councilman Samuelson to adopt the Agenda as amended. Seconded by Councilman Sheridan. Upon a voice vote, all ayes, the motion carried. REGULAR COUNCIL MEETING OF DECEMBER 15, 1969 VISITORS: PAGE 2 Mayor Kirkham asked if there was anyone present who would wish to speak on a non-Agenda type item, and Mr. Jerry Potts, 8066 Ruth Street N.E. commented that since the regulation of the snowmobiles, it seems to be quieter in his neighborhood. CONSIDERATION OF SECOND READING OF ORDINANCE FOR REZONING IN HYDE PARK AND CITY VIEW ADDITION: MOTION by Councilman Liebl to table this item to the Meeting of the 5th of January, 1970 for a full Council representation. Seconded by Councilman Sheridan. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried. � CONSIDERATION OF DEVELOPMENT PLAN OF PLANNED DEVELOPMENT DISTRICT (PD #68010) I�WARD DUMPHY: The City Engineer reviewed the past information by stating that the Planning Commission recommended approval of t�e plan with the recommendation that the two southerly lots not zoned Planned Development under question be used for the 9 parking spaces, with adequate barriers and including the house to the north within the complex. He said that he wanted to bring to the Council's attention that the land area ratio does not meet the requirements for an R-3 zoning. In R-3 zoning, there should be 2500 square feet per unit and under this development it would be about 2370 square feet per unit. He questioned whether the Council, if they allowed this, would have to grant a waiver of unit - land ratio. Councilman Samuelson asked if the creek was taken into consideration when figuring the land ratio. The City Engineer said that the creek is within the PD development and is considered part of the complex. He �showed the area on the screen and presented the plan on the easel. He ``pointed out that there are some streets that will have to be vacated if the plan is adopted. By the standards for other multiple districts there should only be 104 units, and this plan has incorporated 108. He wondered whether additional land could be designated �o the apartment phase from the commercial phase of the development to meet the land area requirements. Mr. J. Solverson, 5025 Lyndale Avenue South, said that he understood that the Council could set the number of units within a PD District without any waivers. The Planning Commission recommended going along with the 108 units and this makes a nice, symmetrical complex. If the number of units were changed, it would be difficult to retain the symmetry of the complex. The City Attorney said that in a Planned Development District, there are no stated density requirements. The Council has set in the past, the same requirements as in other multiple areas within the City. This has been policy in the past, and a formal waiver would not be necessary. Councilman Sheridan �aid that as long as this is not a complete plan for PD, should there not be a'complete plot plan for the area encompassing the complex. If the property north of the creek is to be used for a specific purpose it should be so stated on a plan by a registered engineer. Mr. Howard Dumphy said that he has presented a total plan for both sides of the creek. The dispute has been the 9 parking spaces and this seems to be what the discussion is down to. The City Attorney said that it could be designated as Tract A and Tract B. Mr. Dumphy said that it is referred to as Phase 1 and Phase 2, for the respective areas north and south of the creek. REGULAR COUNCIL MEETING OF DECEMBER 15, 1969 PAGE 3 Councilman Samuelson said that he could see no problem in designating that land to be used for commercial. Mr. Dumphy said that the whole area will have to be surveyed by a registered surveyor to satisfy his mortgage company, but first he would like to have the overall plans approved. He understooci that this was to be the next step. He said that he has been trying to get this approval since November 17th, but there has never been a full Council so they would not act. He said that if he does not get approval soon he will lose the option on the mortgage coimnitment and it will cost him considerably more. He said that he understood that he still has to go through all the regular procedures for getting a building permit and that he will have to go back through the Building Board, but first he need the con- cept a�proval so he can go ahead and get the land and have it surveyed. The City Engineer suggested that there could be an agreement between the developer and the. City to designate exactly which areas, by legal description, would be used for multiple dwellings and which would be used for commercial. The City Attorney agreed. Mr. Dumphy said that he has agreed that the tenant of the house included in the complex should be the owner rather than a renter. Counci�man Samuelson pointed out that in Coon Rapids their Planned Develop� ment District Ordinances leaves a 10� leaway in the number of units required in a complex per land area, as does Fridley's. Mr. Solverson said that between the complex and the residential area they plan on putting in a 5' redwood fence and evergreens, such as juniper. Across the front there will be another row of hedges, barberry perhaps. The have tried to leave the area along the creek as natural as possible. Councilman Sheridan asked what the booklet said about designated land use. The City Engineer said that the booklet designates the land for commercial and apart^ '�ments. Councilman Sheridan asked without a commitment b� Iegal description, what protection does the Council have that tha� portion designated for commercial will stay commercial in future years? What would prevent another apartment house from going in? The designation should be done by legal description. Councilman Samuelson said that his understanding of Planned Development is that it is done in stages. If a second plan should come in, as apartments, it would be rejected. The City Attarney said that the bu�lding is done by stages, but the total plan is adopte8 at one time. If there were any changes made, the overall plan would have to be modified. Mr. Dumphy said that the booklet designates the overall property for area for parking, multiple dwellings, and commercial. Tt would be impossible to change the apartments as there is no other place to put them. �ouncilman 5heridan sa�d that he was referring to the chance tha� the commercial would become another apartment building. Mr� DumphX said that then he would have to go back befoxe Planning Commission and Council again for any change. The City Eng�neer said that they plan on starting wi_th the apartments from April, 1970 to 1971, and the,commercial from 1971 to 1972. Councilman Liebl commented that he would like to see the land be developed ta the best oP Mr. Dumphy's ability. He had r�o objections to the northerly land use. Mr-. Dumphy said again that he has a mortgage commitment and unless this goes through soon, he will have to shop for other financing at a higher rate. Under Planned Development; everything has to go in sequence, and this, he felt, is exactly what he has been trying to do. After the agproval, the exact plans have to be drawn Por the Building Board�s approval, and then the Council�s approval. He said tTiat it seems that he cannot get concept approval. 5ince November 17th, this plan has been held up because o� the 9 parking spaces. Councilman Liebl said that it had been tabled because there was not a full Council present. He said that i REGULAR COUNCSL MEETING OF DECEMBER 15, 1969 PAGE 4 he was disappointed that Councilman Harris is not present, and added that he believed that Councilman Harris is in favor of this proposal. Mr. Dumphy said that this land is not conducive to single iamily residences. This is the highest and best use. He said that he felt that enough information has been supplied to enable the Counci].men to vote, so that he could go ahead. Councilman Liebl said that he was impressed with the original presentation of the plans, but if he had to vote tonight, wi�hout the stipulation regarding the land use by legal description, he could not do it. He said that he has reservations regarding the protection of the residents in the area. He said that he would like to go over the plans thoroughly with the City Engineer before the vote. Mo'�ION by Councilman Liebl to table this item unti7. a full Council is present. Mr. Solverson said that if there were any recommendations Councilman Liebl would like to make, to please come forward with them. Councilman Liebl said that his only question would be what if Mr. Dumphy were no longer the owner, could another owner come in with a new plan with apartments for the whole area. Councilman Liebl asked if the approval of the plans required a 4/S vote. The-City Attorney said a majority vote was required. The Court stipulated that the land not within the district could be used for other uses such as parking. This is what the applicants have done and the next step is the approval by the Council. Councilman Sheridan commented that he has been one of the stumbling blocks to this development. Originally, a different plan was sold to the people involving town houses. THE MOTION by Councilman Liebl to table, was seconded by Councilman Sheridan. Upon a voice vote, Sheridan and Liebl votin�} aye, Kirkham and Samuelson votirig nay, Mayor Kirkham declared the motion FAiLED. Mayor Kirkham said that now there is a proposal on paper and he would like some action on it. He said that he would like to see Mr. Dumphy keep his mortgage. If there are any changes the dissenting Councilmen would like to make, please speak up. To continue tabling thi� item accomplishes nothing. Council- man Liebl said that he had no intention of tabling this indefinitely, but that he would like action by a full Council. He would also like the oppor- tunity of going over the plans with the City Engineer. At this point, he felt that there was not sufficient protection for the people in the area. They are the ones that will have to live with it. He said that he was not tryinq to be arbitrary, but wanted full protection. He felt that a two wesk delay would not make that much difference. Mr. Dumphy said that two weeks would make a difference with his mortgaqe. He said that he had spent two y�ars on this project so far. Councilman 5heridar, said that this has not been before the Council for two years, but rather a month. Mr. Dumphy said that as to the legal description requested, that is all covered in the booklet which has been provided. Councilman Sheridan asked if this description would take 104 units, and the City Engineer said yes. Mr. Solverson said that to reduce the number of units would require redrawing the entire plans on their part. The City Attorney commented that there was nothing ?n�the court stipulation on the number of units, and that the Council can set these requirements. Mr. Solverson pointed out that the Planning Com- REGULAR COUNCIL MEETING OF DECEMBER 15, 1969 PAGE 5 mission approved the complex with 108 units and if it were to be reduced, the recommendation should have come from that body. Councilman Samuelson pointed out the 10� factor and the City Attorney read from the Planned Development Ordinance that part which pertains to the leaway allowed. Mr. Solverson pointed out that he could have said 104 units and with the final plan have had 108 and still have been within the 10� leaway. He said that he felt that they have followed the Code to date. Councilman Liebl said that they were not following the Code or they would have had 104 units. Mr. Solverson said that to redraw the plans would mean a delay of another six months. Councilman Liebl said that his biggest concern would be that another apartment house may be pushed in there. The City Attorney said that PD does not permit industry or single family residences, and requires approval of the Council. The construction can proceed in stages but each stage must be ap- proved �y the majority of the Council. Mayor Kirkham cotmnented that it would be permissible to redraw the line between the commercial and residential to come up with enough land area in the multiple portion for the 108 units. The City Engineer said that this would then reduce the size of the commercial structures. The City Attorney pointed out that the applicant can still vary 10� after the plan is approved. Mr. 5olverson commented that he would think that the Council would want to see the best building possible in there and it is their feeling that the building utilizing the plan for 108 units is the best. C��uncilman Samuelson said th�t there has to be some degree of flexi- bility for the architect to work within. Mr. Solverson said that they could not come back in with anything, such as 110 units, without redrawing their plans again. The City Engineer pointed out that if these plans should fall through, the Ordinance has already been passed� but a new set of plans would still have to be approved. Mr. Dumphy said that if he were to take meaningful square footage and add to the residential site, it would mean taking the house off. He said that they might then run into trouble with the commercial portion. He said that there may be trouble with the legal descriptions if this were don�. The City Attorney asked if there would be any advantage in ta�ing the house off and Councilman Liebl said that the house was to act as a buffer. Councilman Liebl asked Mr. Potts if he had any comments as a resident of the area. Mr. Potts answered that there is another house bet- ween his and the one in question. He said that he thought that it was tco many units and that he still had reservations concerning the traffic problem as was brought out at the Public Hearing. The original plan sold to the people was for town houses, and he said that he could not help wondering how much further Mr. Dumphy will deviate from the original proposal. He asked Councilman Samuelson if he had ever taken a poll of the feeling of the people in the area and Councilman Samuelson answered that he had not. The City Attorney said that the Council must operate within the law and this is a matter of what can and cannot be allowed within the Ordinances. There is a point beyond which the Council cannot yo. There should be an attempt made to come to•a satisfactory agreement between the land owner and the Council. Mr. Dumphy said that he has already agree3 to give a strip of land along East River Road. He said that he has tried to take a piece of land that has laid do,rman� many years and make it a money making, tax paying operation. He said that for the length of time he has tried to move, he felt that there should be some action under the Ordinance. It is not his fault that there has not been a full Council. Councilman Liebl said that he did not feel that his request for time to go over the plans with the City Engineer was an un- reasonable one. He said that he was not ready to vote as yet. When this plan originally started, it was for town houses. This project will be in the area REGULAR COUNCIL MEETING OF DECEMBER 15, 1969 PAGE 6 � for a long time, and he wanted to be sure that it was something the people could live with. Mayox Kirkham said that the solution was no closer than when they started. He advised Mr. Dumphy that to put it to a vote now would mean failure, so it would be better for his interests to try one more time. ORDINANCE #443 - AN ORDINANCE TO AMEND THE CITY CO] MINNESO�A BY MAKING A CHANGE IN ZONING DISTRICTS: OF THE CITY OF FRIDLEY (Hammerlund - ZOA #68-13 MOTION by Councilman Sheridan to adopt Ordinance #443, waive the re�ding and order publication. Seconded by Councilman Sameulson. Upon a roll call vote, Kirkham, Liebl, Samuelson, and Sheridan voting aye, Mayor Kirkham declared the motion carried. CONSIDERATION OF AN ORDINANCE UNDER SECTION 12.0? OF THE FRIDLEY CITX CHARTER TO VACATE STREETS AND ALLEYS AND AMEND APPENDIX C OF THE CITY CODE: (Five Sands - SAV #69-OZ) MOTION by Councilman Liebl to table this Ordir�ance to the Meeting of 'January 5, 1970. Seconded by Councilman Samuelson. Upon a voice vote, all voting aye, Mayor Kirkham declared �he motion carried. CONSIDERATION OF AN ORDINANCE UNDER SECTION 12.07 OF THE FRIDLEY CITY CHARTER TO VACATE STREETS AND ALLEYS AND AMEND APPENDIX C OF THE CITY CODE: (Thoma3 Albers SAV #69�10) MOTION by Councilman Sheridan to table this Ordinance to allow for the description to be corrected. Seconded by Councilman Liebl. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried. REAFFIAMATION OF REVISED REGISTERED LAND StJRVEY, CAR WASH, N W UADRANT OF MISSISSIPPI STREET AND EAST RIVER ROAI?: The City Engineer said that this regis�ered land survey was approved by the Council subject to revision at the last meeting. It has now been revised and brought back as instructed. Councilman Liebl said that Mr. Kubow had expzessed concern about the storm sewer and wondered if it had been corrected. The City Engineer said that he knew nothing of any problems and that Mr. Kubow had not come into his office. The City Attorney said that approving the registered land survey would not in any way affect the liability of the developer on any storm sewer problems. MOTION by Councilman Liebl to receive and reaffirm the registered land survey for the northwest quadrant of Mississippi Street and East River Road. Seconded by Councilman Sheridan. Upon a voice vote; Sheridan, Kirkham, Liebl voting aye, Samuels'on abstaining, Mayor Kirkham declared th� motion carried. FIRST READING OF AN ORDINANCE AMENDING FRIDLEY ORDINANCE #78: (Snowmobiles) Councilman Samuelson said that he has received a number of calls regarding snowmobiles. Mayor Kirkham said that he had also, but less since the Resolution was published. The City Attorney said that the word "Court" should be stricken from the heading. � � � REGULAR COIINCIL MEETING OF DECEMBER 15, 1969 PAGE 7 MOTION by Councilman Sheridan to approve the Ordinance on first reading and waive the reading. Seconded by Councilman Samuelson. Upon a roll call vote, Sheridan, Kirkham, Liebl and Samuelson voting aye, Mayor Kirkham declared the motion carried. FIRST READING OF AN ORDINANCE AMENDING FRIDLEY ORDINANCE #88: (Snowmobiles) The City Attorney said that the word "Court" should be stricken from this heading also. MOTION by Councilman Lieb1 to approve the Ordinance on first reading and waive the reading. Seconded by Councilman 5amuelson. Upon a roll call vote, Kirkham, Liebl, Samuelson, and Sheridan voting aye, Mayor Kirkham declared the motion carried. DISCUSSION REGARDING BURNING PROCEDURES: The City Manager reported that he had received some calls complaining of the burning being done by Carl Bolander off the Marshall Street right of way. They are turning the land over to N.S.S.S.D. He said that the Fire Department would like some guidelines to work within in the giving out of permits. At some later date there may be an Air Pollution Ordinance to use. The State Statutes super- cedes the City's burning Ordinance. Councilman Sheridan asked if this would limit open burning. The City Manager said yes, within so many feet of a struc- ture. It would not eliminate the burning barrels as yet. Councilman Samuelson suggested making it only pertain to commercial operations until the Air Pollution Control Ordinance is adopted. Councilman Sheridan said that the Bolander fire was billowing black clouds of smoke. The City Attorney said that it could be seen from downtown Minneapolis. Councilman 5heridan asked if this was a standing permit or if they apply every time they burn, and was answered that it is a standing permit. , MOTION by Councilman Sheridan to withdraw the permit and:ask Carl Bolander to come before the Council to show cause why they should be allowed to burn. Seconded by Councilman Samuelson. Upon a voice v�ote, all voting aye, Mayor Kirkham declared the motion carried. ' :.CONSIDERATION OF ORNERMI� DIKE EASEMENT: ' The City Manager said that this easement would complete the easements, except those for Riverview Terrace. This would be a permanent easement. Councilman Liebl asked how many there have been. The City Attorney said 4 or 5 of this � type and for the street project, about 20. It was agreed previously that all the people should be paid for the easements through condemnations. MOTION by Councilman Sheridan to authorize acceptance of the easement and paying Mr. and Mrs. Arvo Ornermaa $300,00. Seconded by Councilman Samuelson. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried. FIRST READING OF AN ORbINANCE UNDER SECTION 12.07 OF THE CITY CHARTER TO VACATE STREETS AND ALLEYS AND TO AMEND APPENDIX C OF THE CITY CODE: (Mike O'Bannon� MOTION by Councilman Liebl to approve the Ordinance on first reading and waive I'�'� '-�k�e�xeading. Seconded by Councilman Samuelson. Upon a roll call vote, Sheridan, Ki�rkham, Liebl and Samuelson voting aye, MayAx' Kizkham declared the motion carxied. � I REGULAR COUNCIL MEETING OF DECEMBER 15, 1969 PAGE 8 RECEIVING THE MINUTES OF THE PLANNING COMMISSION MEETING OF DECEM$ER 3, 1969: MOTION by Councilman Samuelson to receive the Minutes of the Planning Com- mission Meeting of December 3, 1969. Seconded by Councilman Liebl. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried. RECEIVING THE MINUTES OF THE BUILDING STANDARDS - DESIGN CONTROL MEETING OF DECEMBER 4,. 1969: 1. CONSIDERATION OF A RE UEST TO CONSTRUCT A LIMITED BUSINESS BUILDING TO BE LOCATED ON LOT 9, BLOCK 2, COMMERCE PARK ADDITION, THE 5AME BEING 7440 UNIVERSITY AVENUE N.E., FRIDLEY, MINNESOTA. (REQUEST BY ROGER LARSON, 1052 OSBORNE ROAD N.E., FRIDLEY, MINI3ESOTA): The City Engineer said that the permit approval was recommended subject to the stipulations found in the Building Board Minutes. It is a duplication of the existing building, but a smaller size. It will look like the other building. Theywill face each other and use a common driveway. Councilman Samuelsori wondered if anything could be done to ensure maintenance. The City Attorney said that the City has strict control before the permit is issued, but there is not too much that can be done after the building is built, except appeal to the owner's pride. The noxious weeds can be cut down, but mowing the grass has to be the owners responsibility. They have landscaping on the plans, but after the shrubs are put in, he abandons them. MOTION by Councilman Samuelson to grant the building permit subject to the stipulations of the Building Standards - Design Control Subcommittee. Seconded by Councilman Sheridan. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried. 2. CONSIDERATION OF A,REQi3EST TO COY35TRUCT AN ADDITION TO AN EXISTII3G BUILDING LOCATED ON LOT 22, BLOCK 2, COMMERCE PARK ADDITION, THE SAME BEING 7341 COMMERCE LANE,�FRIDLEY, MINNESOTA. (REQUEST BY MR. DON PODANY, 7341 COMMERCE LANE N.E., FRIDLEY, MINNESOTA): The City Engineer said that this request is for an addition to the existing Allied Aluminum building. It will almost double the existing capacity. The requirements are set forth in the Minutes of the Building Board. Councilman Liebl asked why the change in the dimensions and Mr. 5pencer Holle answered because when he worked with Kurt Manufacturing there was a 10 foot offset and on this land there is a 15 foot offset that he did not know about. MOTION by Councilman Liebl to concur with the recommendation of the Building Standards - Design Control Subcommittee and grant the permit subject to the stipulations. Seconded by Councilman Samuelson. Upon a voice vote, all voting aye, Mayor Kirkham declared the rioti��n carri�c.qt , RECEIVING THE MINUTES OF THE BOARD OF APPEALS MEETING OF DECEMBER 10, 1969: MOTION by Councilman Sheridan to receive the Minutes of the Board of Appeals Meeting of December 10, 1969. Seconded by Councilman Liebl. Upon a voice vote, all voting aye; Mayor Kirkham declared the motion carz'ied. i � ' ' ' ' l� � � � � , ,I� u � �' � � tREGULAR COUNCIL MEETING OF DECEMBER 15, 1969 � ' ' ' PAGE 9 RECEIVING BIDS FOR WORKMEN'S COMPENSATION INSURANCE FOR 1970: (Opened at 11:00 A.M. December 15, 1969) The �inanace Director said that he was not ready as yet to make a recomanendation. MOTION by Councilman Liebl to receive the bids for workmen's compensation insurance and table the award until the evaluation is completed. Seconded by Councilman Sheridan. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried. DISCUSSION REGARDING INTERSECTION OF HICKORY DRIVE AND EAST RIVER ROAD: ' The City Engineer explained that there is a request before the Board of Appeals for a Special Use Permit to allow a double bungalow on this corner. The reason for bringing this to the attention of the Council is because there is some , right of way that should be acquired. The suggestion is to make Hillcrest Avenue a service road to East River Road, extend it to Hickory Drive, and take a triangle from the southwest corner of Lot 1, Block 1, Ostman's Third Addition for alignment to East River Road and 71st Way, where there is to be signalization. ' If this is done there would be 40' right of way needed for the Hillcrest Avenue, Hickory Drive intersection. Hillcrest is a dedicated roadway, and there is about 50' between East River Road and Hillcrest, where there are water and ' sewer easements. If Hillcrest Avenue were to become a service drive it would probably be a 26' roadway along the westerly portion of the right of way to allow as much as possible of the street to be used by the property owners to the east as yard. Hillcrest goes to 73rd Avenue now. The owner is agreeable to � giving both the easements. He was granted permission for the double bungalow previously in 1965 and now he is going through the request again. ' ' , ' , � ' � � MOTION by Councilman Samuelson to direct the Administration to acquire the necessary right of way from Lot 1, Block 1, Ostman's Third Addition to make Hillcrest Avenue a service road and connect to Hickory Drive,and the south- west corner of the lot at the intersection of Hickory Drive and East River Road for the alignment of Hickory Drive to 71st Way. and designate Hillcrest . Avenue as a service road to serve all present and future homes on Hillcrest Avenue. Seconded by Councilman Liebl. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried. DISCUSSION REGARDING REQUEST FOR NO PIaRKING SIGNS ON I. 694 OUTER DRIVE, SKYWOOD COURT AREA: (By Ed Berg) Councilman Sheridan said that there was a complaint on the parking on this street, which is especially bad during the winter season. The plows can only plow � of the street. He wondered if something could be worked out with the Highway Department. The Fire Prevention Bureau Chief said that conditions are bad behind the building also. It is impossible �o get the fire apparatus through. MOTION by Councilman Sheridan to table this item pending a recommendation by the Administration on possible changes. Seconded by Councilman.Lieb1. Upon a voice vote all voting aye, Mayor Kirkham declared the motion carried. DISCUSSION REGARDING CHANGE IN STATE STATUTES RAISING THF. LIMIT OF BUYING WITHOUT CALLING BIDS: • The City Manager explained that the State Statutes now author�.ze purchases up to REGULAR COUNCIL MEETING OF DECEMBER 15, 1969 PAGE 10 $5000 without advertisement for bids. Sealed bids would be taken for new equipment and new construction for items under $5000. A minimum of 2 bids or quotations on items or services would be required except for non-competitive items on items or services available from only 1 or 2 sources. Sealed bids or quotations for repair or maintenance or in conjunction with an emergency involving health or welfare would be taken if the item is less than $5000. Exceptions would be non-competitive items available from only 1 or 2 sources. Whenever possible written quotes would be taken and if it is an emergency and oral quotes are taken, written quotes still must be submitted and kept on file. MOTION by Councilman Liebl to concur with the report of the City Manager. Seconded by Councilman Sheridan. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried. DISCUSSION REGARDING CITY ENGINEER MEMORANDUM CONCERNING PRINTER: The City Engineer explained that their printer is outdated and there is money left in the 1969 budget which could be used for the purchase of a new printer used for plans. According to the State Statutes it is no longer necessary to go out for bids for this item. The quotations are to be found in the memorandum dated December 11, 1969. The printer from H.A. Rogers does not meet the specifications regarding speed. The printers from Copy Equipment and Albinson's do meet the specifications and he recommended purchasing the printer from Copy Equipment as it costs less and the machine is comparable. MOTION by Councilman Sheridan to authorize the purchase of a Dietzgen Copymation Model 300 Sword at a list price of $2,930.00 less $250,00 for trade in for the present printer, leaving a net price of $2,680.00; also a high-low intensity lamp for $75.00 making a total of $2,755.00 from Copy Equipment. Seconded by Councilman Liebl. Upon a voice vote, all vo�ing aye, Mayor Kirkham declared the motion carried. DISCUSSION REGARDING CARL BOLANDER AND SONS COo, VE�SUS CITY OF FRIDLEY, IN REFERENCE TO SPECIAL ASSESSMENTS: The City Attorney said that he had asked that this item be put on the Agenda. This is a law suit dating back to 1962, concerning their payment of special assessments. The project was constructed during the year of 1960. For some reason the spreading of assessments and the notice of hearing was not held until 1962. The assess- ment hearing was the first notification Mr. Bolander had of the assessment. The City Attorney said that he did not feel there was any liklihood of winning the law suit. The payment of the assessments levied for Water and Sewer Improvement Project #50 were paid under proteste Councilman Sheridan asked if the City would have the right to hold another reassessment hearing. The City Attorney said n�t after this amount of time. Councilman Liebl said that as they have paid under protest, he did not think the City should pay any interest. The City Attorney said that he would try to negotiate on this basis. This would amount to a substantial amount of interest. Councilman Samuelson said that he felt that the Cit� should pay him the money as it could be proven in court that he never got a notice until two years after construction. Mr. Richard Harris volunteered the information that this line was put in to serve the City Liquor Lounge on 37th Avenue. He said that he did not receive anx notification until two years after the construction either. Tfie � � , � �� ' ' LJ ' � ' ' � ' � , � ' r r REGULAR COUNCIL MEETING OF DFCEMBER 15, 1969 PAGE 11 City Attorney asked if Mr. Bolander used the facility and Mr. Richard Harris replied no. Councilman Sheridan asked if there was ever an assessment for water and sewer mains and the Finance Director said yes, this law suit is for a lateral assessment. Counci].man Sheridan said that he would agree with Council- men Li.ebl that 6� interest should not be paid. He also questioned the wording of the second stipulation, and said that it should specify for this project only there will not be assessments levied. The way it reads it would mean any future assessments could not be placed. MOTION by Councilman Sheridan to authorize the refund of the special assessments provided Mr. Bolander is agreeable that no interest be paid during the period he made payments in protest. Also that the agreement be changed to provide the levy of assessments not be permanently removed from the assessment rolls, but that this agreement shall pertain to only the specific special assessments involved in this instance. Seconded by Councilman Samuelson. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried. CONSIDERATION OF CALLING FOR BIDS FOR GENERATOR FOR EMERGENCY POWER: The City Manager explained that this would be a generator requested by Civil Defense for the operation of City Hall in an emergency. Councilman Liebl asked if this would be adequate for the whole bniZding. The Civil Defense Director said for everything, except the air conditioning. The criteria was established by the architects for City Hall, but then it was deleted from the construction. The specifications are figured without the air conditioning, as with the air conditioning, it would be prohibitive to this operation. He said that these specifications were not made by him. He said that he has met with an Engineer from Onan's and has given the plans to the City mechanic as they are relative to an internal combustion engine. He was satisfied with this unit. He has given the plans to the Electrical Inspector also to look at the alternator. He indicated the specifications were general and could be met be any responsible bidder. There is a good safety margin. Counci'•_man Sheridan asked if it would be operated periodically and the Civil Defense Director said yes, it would be checked, probably, before regular office hours. MOTION by Councilman Sheridan to authorize calling for bids for a generator for City Hall for emergencies. Seconded by Councilman Samuelson. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried. APPOINTMEYJTS : POLICE CIVIL SERVICE COMMISSION Councilman Samuelson suggested Mr. David C. Cook, 6840 Washington St. N.E. who is employed by Litton Industries and has had experience in personnel. Counci.l� man Liebl suggested Mr. Jack Korthof, 6261 Rainbow Drive N.E. as he has also worked with management and has a background of dealing with personnel. Mayor Kirkham suggested that this appointment wait until the first Meeting in January, at that time there will be two vacancies. BUILDING STANDARDS - DESIGN CONTROL SUBCOMMITTEE: Councilman Liebl suggested Mr. Frank Hart, 6000 3rd Street N.E., Telephone: Home: 560-4363, Work: 633-1061. . REGULAR COUNCIL MEETING OF DECEMBER 15, 1969 PAGE 12 MOTION by Councilman Liebl to appoint Mr. Frank Hart to the Building Standards - Design Control Subcommittee with a term expiring January 15, 1970. Seconded by Councilman Sheridan. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried. CITY EMPLOYEE: Victor T. Palo Bartender $3.25 Per Replaces 5300 65th Avenue North Bar #3 Hour for Vernon E. Minneapoli5, Minn. Six Months Johnson MOTION by Councilman Samuelson to concur in the appointment of Victor Palo as Bartender, Bar #3. 5econded by Councilman Sheridan. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried. CLAIMS: MOTION by Councilman Sheridan to authorize payment of General Claims #20041 through #20151 and Liquor Claims #3943 through #4016. Seconded by Councilman Liebl. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried. LICENSES: MOTiON by Councilman Samuelson to approve the following licenses: GAS SERVICES APPROVED BY Shamrock Heating Inc. 7608 Lyndale Ave. So. Richfield, Minnesota GENERAL CONTRACTOR By: John F. Moore Allied Building Products, Inc. ?07 Oak Ridge RAad Hopkins, Minnesota By: Spencer F. Holle Plumbing Znspector Building Inspector Donco Builders, Inc. 1052 Osborne Road N.E. Fridley, Minnesota By: Rager Larson Building Inspector HEATING Shamrock Heating Inc. 7608 L�ndale Ave. So. Richfield, Minnesota By: John F. Moore Plumbing Inspector THE MOTION was seconded by Councilman Sheridan. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried. , , , �, REGULAR COUNCIL MEETING OF DECEMBER 15, 1969 PAGE 13 ESTIMATES: The City Attorney said that relative to the payment owed Mr. F.N. Shaffer for the appraisal, that he has agreed that the payment will also include any necessary testimony there may be connected with the condemnation. This has been confirmed by a letter from the City Attorney's office with a copy sent on to the City Manager. Charles Lovejoy Company 2506 Cedar Avenue White Bear Lake, Minn. 55110 0 FINAL Estimate ��3 for constructioz of Sanitary Sewer Improven►ent Project No. 91 � i� Ro�iert L. Miller Construction 1390�1Oth Avenue Newport, Minnesota . ' FINAL Estimate �1�2 for construction of Water Improvement Project No. 92 ' ' � r ' � ,. � Comstock & Davis, Inc. 1446 County Road "J" MinneapoZis, Minnesota FINAL Estimate ��1 for the planning of Sanitary Sewer Improve�nent Project No. 91 FINAL Estimate ��2 for the furnishing of professional engineering services for planning Storm 3ewer Improvement Project No. 89 FINAL Estimate ��2 fo.r the furnishing of �rofessional engineering services for planning Water Improvement Project No. 9ti For the staking out of constructioa wor[c: Partial Estimate ?�8, Street Improvenent Project Number 1959-1 from November 3, 1959 through Nov. 29, 1959 Partial Estimate !�6, Street Improvement Project , Number 1969 -2 from Nov. 3, 1959 through Nov. 29, 1959 '� Partial Estimate ��2, Sanitary Sewer Improvement Project No. 9b, AJdendum ��1 from Nov. 3, 1969 through Nov. 29, 1969 ,, Partial Estimate �1�2, Sanitary Sewer Improvement Project ' No. 96 from Nov. 3, Z959 thro,igh Nov. 29, 1959 • $ 2,309.05 $ 2,732.36 .� $ 729.43 , $ 148.13 $ 127.87 $ 158.51 • $ 33.47 � $ 638.00 $ 575.17 . r . , . �2L;GULAR COUNCL ME�TI.JG OF DECEMBER 15, 1969 PAGE 14 ' ESTIMATES; (Continued) ComsEock & Davis (Continued) Partial Estimate ��1, Water Impr�vement Project Number 95, Sched�ale F fro� Nov. 3, 1959 through :Jov. 29, 1969, Partial Estimate �k2, Water Improvement Praject No. 95, Schedale A-3 from Nov. 3, 1969 tfirough 13ov. 29, 1969 Partial Estimate �/�2, Water Improvement Project No. 95, Sche3ule A-2 from Nov. 3, 1959 through Nov. 29, 1969 Partial Estimate �/�2, Water Improvement Project No. 95, Schedule A-1 frox� Nov. 3, 1969 through Nov. 29, 1969 Partial Estimate ��4, Water Improvement Project No. 94 Fro:n No�. 3, 1959 through N�v. 29, 1959 Partial Estimate ��1, Sanitary Sewer & Water Improves�nent Project No, 93 from iJov. 10, 1969� through Nnv. 29, 1969 Partial Estimate ��4 Sanitary Sewer Improvement Project No. 91 fro� Nov. 3, 1969 through Nov. 29, 1959 Paitial Estimate ��8, Sanitary Sewer, Water & Storm Sewer Improvement Project No. 90 from Nov. 3, 1969 thro��gh Nov. 29, 1959 Giles & Nelson Construction Co 2T01 lOSth Avenue �T. E. Blaine, Minnesota 55433 • Partial Estimate ��2, Improvement Project No. 9b - Addendum No. 1, according to contract - D. M. Noyes Construction Co., Inc. 430 Oak vrove, Suite 201 Minneapolis, Minnesota 55403 Partial Estimate ��1, Sanitary Sewer and �later Improvement Project No. 93 Arcon Cons�ructiotl Company, Inc. Mora, Minnesota PA.RTIAL Estimate �k6 Street Impro��ement Project ST. 1959-1 � PARTIAL Estimate �5 Street Impro�ement Proje�t ST. 1969-2 Weaver, Talle & Herrick 316 East Main Str'eet � Anoka, Minnesota 55303 , For Services Rendered (Nove:nber) $ 9.50 $ 72.60 $ 23.76 $ 93.59 $ 1!►.26 $ 1,477.41 $ 18.7G $ 32.47 $ 11,710.57 $ 5,415.30 $ 27,361.84 $ 17,657.89 $ 3�923.74 , RFGULAR COUNCIL MEETING OF DF.CEMBER 15, 1969 PAGE 15 J , � , ' ' ' ESTIMATES: (Continued) Kordiak Realty 3948 Central Avenue N.E. Minneapolis, Minnesota 55421 For appraisal Service for North Park Area F.N. Shaffer Real Estate, Inc. 5060 Central Avenue N.E. Minneapoiis, Minneosta 55421 For appraisal Service for North Park Area $ 750.00 $1,800.00 MOTION by Councilman Liebl to pay the foregoing estimates. Seconded by Councilman Sheridan. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried. COMMUNICATIONS: A. VERN DONNAY: REQUESTING DELAY IN MOVING OF BILLBOARD � The City Engineer explained that this billboard is south of the Target Ware- house along Highway #65. When a survey was ran it was found that the billboard was on the City right of way. A letter was sent asking them to remove it promptly. They would like to re-locate the sign. Now the City Ordinance requires a special ' use permit and they are going through the regular procedures for obtaining one. They are asking for an extension of time in moving the billboard, Councilman Samuelson said that speaking for himself, he felt that it should come down as 1 soon as possible and the City should not be cluttered up with billboards. He would vote for denial of the special use permit. The Council agreed that the sign should come down. a � ' , , , ' � MOTION by Councilman Liebl to instruct the Administration to send a letter stating that the Council would like the billboard to come down as soon as possible. 5econded by Councilman Samuelson. Upon a voice vote, alI voting aye, Mayor Kirkham declared the motion carried. REAFFIRMATION OF RESOLUTION #20$-1969 RFQUEST�NG HOOKUP TO N.S.S.S.D. LINES - � - PROJECT #97: MOTION by Councilman Samuelson to reaffirm Re�olution #208-1969. Seconded by Councilman Sheridan. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried. RESOLUTION #209-1969 - RESOLUTION AUTHORIZIAIG THE EXECUTION OF A RIDER TO THE AGREEMENT BETWEEN Tf� CITY OF FRIDLEY AND THE'BOARD OF WATER COMMISSIONERS OF THE CITY OF ST. PAUL: MOTION by Councilman Sheridan to adopt Resolution #209-1969. Seconded bx Council� man Samuelson. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried. REGULAR COUNCIL MEETING OF DECEMBER 15, 1969 PAGE 16 RESOLUTION #210-1969 - RESOLUTION REQUESTING TAX MONEY COLLECTED BY THE COUNTY, BE TURNED OVER TO THE MUNICIPALITIES PROMPTLY: MOTION by Councilman Sheridan to adopt Resolution #210�1969. Seconded by Councilman Samuelson. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried. It was agreed by the Counci�? that copies of the Resolution should be forwarded to the four school districts and the County Commissioners. RESOLUTION #211-1969 - RESOLUTION AUTHORIZING THE CHANGING OF THE BUUGET WITHIN THE GENERAL FUND: ' MOTION by Councilman Samuelson to adopt Resolution #211-1969. Seconded by Councilman Liebl. Upon a voice vote, all voting aye, Mayor Ki.rkham declared the motion carried. RESOLUTION #212-1969 - RESOLUTION AUTHORIZING AND DIRECTING THE SPLITTING OF SPECIAL ASSESSMENTS ON LOT 15, PARCEL 2300, AUDITOR'S SUBDIViSION #23, AND REPLATTING A PORTION INTO VEIT'S ADDITION: MOTION by Councilman Sheridan to adopt Resolution #212-1969. Seconded by Councilman Liebl. Upon a voice vote, all voting aye, Mayor Kixkham declared the motion carried. RESOLUTION #213 - RESOLUTION AUTHORIZING AND DIRECTING THE SPLITTING OF 5PECIAL ASSE5SMENTS OI3 BLOCKS 21, 22, AND 23, FRIDLEY PARK ADDITION, AND REPLATTING INTO TRACTS A, B, C, AND D, REGISTERED LANL1 SURVEY NO. MOTION by Councilman Liebl to adopt Resolution #213-1969. Seconded by Councilman Samuelson. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried. RESOLUTION #214-1969 - RESOLUTI7N AUTHORIZI.3G AND DIRECTING THE SPLITTING OF SPECIAL ASSESSMENTS ON PARCELS �1720, 476(5, AND 9:780, RLL PART OF OU,TLOT 1, MELODY MANOR ADDITION, AND REPLATTING INTO MAPLE MANOR ADDITION: MOTION by Councilman Liebl to adopt Resolution #214-1969. Seconded by Council- man Samuelson. Upon a voice vote, all voting ape, �Iayor Kirkham declared the motion carried. RESOLUTION #215-1969 - RESOLUTION REGARDING NORTH SUBURBAN SANITARY SEWER DISTRICT FOR THE DISMISSAL OF APPEAL OF THE DiSTRICT TO THE SUPREME C4URT: MOTION by Councilman Sheridan to adopt Resolution #215-1969. Seconded by Councilman Samuelson. U�1on a voice vote, all voting aye, Mayor Kirkham delcared the motion carried. The City Attorney stated that the attorney for the District drew up the first draft, the City Attorney made some changes and the final form was approve by both attorneys. DISCUSSION REGARDING RIGHT OF WAY COSTS FOR IMPROVI�IG THE TEMPORARY DIKE Il�i RIVERVIEW HEIGHT5 AREA UNDER ST. 1969-3: The City Engineer said that he wanted to bring to th� attention of the Council the fact that the figures given to the people at the Public Hearing did not include � ' , � ' r ' ' ' ' , REGULAR COUNCIL MEETING OF DECEMBER 15, 1969 PAGE 17 the cost of acquisition of right of ways. At that time �t was thought that the . land would be donated. The Council designated that the right of ways shou�.d k�� paid for as all the right of ways could not be obtained free, so it was fe�t that everyone should be paid. The cost of the project is now about $65,000. There has been about $3300 expended for the right of ways to date. The people on Riverview Terrace feel that there should also be reimbursed for the lost trees and shrubbery at a cost of about $300 per tree. The City Attorney commented that the appraisers wi11 probably award for considerably less than the people are asking for. The City Engineer said that there is money left in the general fund and the Public Works fund for 1969. He wondered if some of this money could not be used for right of way acquisition for the dike easements. He warned that the people in the area will be upset when they find out their assessments. Councilman Sheridan asked how much over the estimate this was. The City Engineer said that the project came in about 20� higher than the engin- eering estimate and there could be $1Q,000 to $15,000 for the right of way acquisition. There are about 27 property owners involved. Councilman Sheridan suggested another hearing to apprise the people of the new figures. The City Attorney advised waiting for the commissioners awards so that more exact figures could be given. People will be ge�ting cash for th��r pw����'°�� ����-�=ax �r���z�� help somewhat, even though they will be assessed at a higher ra��e The City Engineer said that the Street Department will not be using aTl the funds they still have left. Councilman Liebl said that he was grateful that the City Engineer brought this up. The people were advised that the project will cost more if condemnations must be made. Councilman Samuelson questioned the wisdom of taking funds from the General Fund and thought that they should coane f�'s��. the Public Works fund. Councilman Liebl pointed out that the maintenance is much more costly in this area. Councilman Samuelson said that the improvement would reduce the maintenance costs �ustifying the use of the funds. The City Engineer suggested setting aside $10,000 for use on this project. The acquisition costs would be about 200 of the total project cost. He pointed out that there was also the question of how much Federal funds would be forthcoming. MOTION by Councilman Sheridan to authorize the Admir�istration to remove from the � Publi.c Works budget the sum of about $10,000 to be applied �o the construction project St. 1969�-3. Seconded by Councilman Samuelson. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried. ' ' ' ' � REAFFIRMATION OF RESOLUTTON #199�1969 - ORDERING PLANS AND SPECIFTCATIONS FO12 HOOKING UP CEItTAIN AREAS TO N.S.S.S.D. LINES - 1'ROJECT #97 AND REAFFIRMATION OF RESOLUTION #207-1969 - RECEIVING AND 13PPROVING PLANS AND 5PECI-- FICATIONS FOR HOOKING UP CERT�IIN AREAS TO N.S.S.S.D. LINES: The City Engineer explained that these and the following Resolutions have not been typed due to ill health. He asked that the reaffirming of Resolutions #199- 1969 and #207-1969 be tabled. RESOLUTTON #216-1969 ^ RESOLUTIOTV ORDERING PRELIMINARY PLANS AND SPECIFICATIONS FOR WATER LINE, PROJECT #98: MOTION by Councilman Sheridan to adopt Resolution #216-1969. Seconded by ' Councilman Samuelson. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried. � REGULAR COUNCIL MEETING OF DECEMBER 15, 1969 PAGE 18 RESOLUTION #217-1969 - RESOLUTION RECEIVING PRELIMINARY PLANS AND SPECIFICATIONS AND ORDERING PUBLIC HEARING, W�1TER LINE, PROJECT #98: MOTION by Councilman Sheridan to adopt Resolution #217-1969. Seconded by Councilman Samuelson. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried. RESOLUTION #218-1969 - RESOLUTION ORDERING IMPROVEMENT, FINAL PLANS AND SPECIFICATIONS AND ESTIMATES OF COSTS THEREOF: STREET IMPROVEMENT PROJECT ST. 1970-1: MOTION by Councilman Liebl to adopt Resolution #218-1969. Seconded by Council- man Sheridan. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried_ MEMORANDUM FROM CITY MANAGER REGARDING HOLIDAY SCHEDULE: The City Manager explained that he recommended the same prodecure as last year. This is that City Hall close at 12:00 Noon December 24th and December 31st, and 50� of the employees be given the day after Christmas off and the other 50� the day after New Years. Provisions would be made so that there are stand-by �. employees for emergency work. MOTION by Councilman Samuelson to concur with the recommendation of the City Manager. Seconded by Councilman Sheridan. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried. RESOLUTION #219-1969 - RESOLUTION IN OPPOSITION TO YOUNG SOCIALIST/ALLIANCE: Mayor Kirkham said that he neticed an article in the Minneapolis Tribune about the Young Socialist Alliance holding a convention at the University of Minnesota. This is an admitted Communist organization and he felt that a tax supported institution should not be used by a Communist organization. MOTION by Gbuncilman Councilman Sheridan. the motion carried. Samuelson to adopt Resolution #219-1969. Seconded by Upon a voice vote, all voting aye, Mayor Kirkham declared � It was agreed that this Resolution should be sent to the Regents of the University, the Legislators, and the Governor. CONSIDERATION OF SETTING DATE FOR FIRST COUNCIL MEETING OF 1970: It was pointed out that the Charter states that the Council Meeting should be the first working day after the first of the year. As long as City Hall will be open January 2nd, this would be the first working day. It was agreed to set the date for Monday, January 5, 1970 for the first Council Meeting of the New Year. ADJOURNMENT: MOTION by Councilman Liebl �o adjourn the Meeti:ng. Seconded by Councilman Samuelson. Upon a voice vote, all voting aye, Mayor Kirkham declared the Regular Council Meeting of December 15, 1969 adjourned at 11:45 P.M. Respectfully submitted, . ��:r� y,��!�� uel Mercer Secretary to the City Council Jac3� O. Kirkha� Mayor , ' , ' ' ' QRDINANCE N0. AN ORDIIdANCE TO �iD THE CITY CODE OF Ti� CITY OF FRIriLEY, MINNESOTA BY MAKING A CHANGE IN ZO1dING DISTRICTS The Council of the City of Fridley do ordain as follows: SECTION 1. Appendix D of the City Code of Fridley is amended as herein- after indicated. SECTION 2. The tract or area within the City of Fridley and Countp of Anoka presently zoned as R-2 (limited multiple dwellings) and described as: Lots 3 thru 15, Block 11, Hyde P�rk Addition Lots 16 thru 27, Blcck 12, Hyde Park Addition Lots 16 thru 3C, Block 21, Hyde Paxk Addition Lots 1 thru 15, Block 22, Hyde Par.k Addition Lots 1 thru 5, Block 27, Hyde Pa,�•k Addition I,ots 6 thru 10, Bloc�: 28, Hyde Park Additiorl Lots 4 thru 13, Block 2, Ci�,y 'diew kddition Lots 3 thru 5, Block 7, City View Addi�;ion I,ots 2 thru 6, Block 8, City View Addition Lots 1,2,16 thru 30, Block 11, Hyde Park Addiiion Lots 16 thru 30, Block 22, Hyde Pa.rk Addition � Lots 6 thru 10, Block 27, Hyde Park Addition Lots 2 thru 15, Block 1, �ity View Additio.n Lots 1 thru 3, Block 2, City View Addition Is hereby designated to be in the Zoning District C-2 (genexal business areas). SECTION 3. The tract or area within the City of Fridley and County of Anoka presently zoned R-2 (limited multiple dwellings) and described as: Lots 1 tnru 30, Blcck 9, Hyde Park Add�tioti " Lots 1 thru 30, Block 10, Hyde Park Additio.n LotU 1 thru 30, Block ^3, Hyde P.ark Additio.n Lots i t,hru 30, Block 2�, Hyde Park Additio.n Lots 1 thru 10, Block 2j, Hyde Park Add.iti.on Lots 1 thru 10, Block 2b, Hyde Park Additio.n Is hereby designated to be in the Zuning District R-3A (apartments only - general multiple family dwellings)• All located in the Northwest QuartEr (NW�j of Section 23, T-30, R-24, City of Fridley, County of Anoka, Minn. � � �9 � Ord. # � �� � Page 2 I ' SECTZON 4. The Zoning Administrator is directed to change the official zoning map to indicate the above zoning changes. � � PASSED $X THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS � DAY OF , 1969. ' ' , MAYOR - Jack 0. Kirkham ATTEST: ' CITY CLERK - Marvin C. 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''� . �� ��[ ' � c Q Ja �. � �..I / . \-.• . . �L.L'�_'' q' . b ° ' -� . '1 -j-- A -�°,-a"`' �o -~ ^',-� ,. . ��` • \•: �,;i � ii�.ts ' �j° " ' - �. �_� ' � 1 ,� 1��9 _ \ r .: Q ' _� �1fL�i.f.: �' � �-3 � I IL- � ORDINANCE NQo AN ORDINANCE UNDER SECTION 12.07 OF THE CITY CHARTER TO VACATE STREETS AND ALLEYS AND TO AMEND APPENDIX C OF THE CITY CODE The Council of the City of Fridley do ordain as follows: SECTION l. For the vacation of a street described as follows: All that portion of the street platted as James � Street that lies East of Lot 6, Block 2, Pearson's First Addition and South of the North line extended Easterly of Lot 6, Block 2, Pearson's First Addition, Together with the turn around easement described as follows; that part of the Southwest quarter of the Southeast quarter of Section 3, Township 30, Range 24, Anoka County, Minnesota described as beginning at the Southeast corner of Pearson's First Addition; thence South 89° 58' 40" West along the South line of said Pearson's First Addition 120 feet; thence South 18° 10' 35" East Z20 feet; thence North 89° 58' 40" East 120 feet more or less to the South- westerly right of way line of the Great Northern Railway Co.; thence Norrhwesterly along said righ[ of way line to the point of beginning, All the drainage and utility easements that are located within the boundaries of Block 2, Pearson's First Addition, .All located in the Southeast Quarter of Section 3, T-30, R-24, City of Fridley, County of Anoka, Minnesota, be and is hereby vacated. SECTION 2. The said vacation has been made in conformance with � Minnesota Statutes and pursuant to Section 12.07 of the City Char[er and Appendix C of the City Code . shall be so amended. � II , PASSED BY THE CITY COUNCIL OF THE CITY OF FRII�LEY THIS OF , 1469. ATTEST: CITY CLERK - MARVTPI C. BRUNSELL Public Hearing:November 10 1969 First Reading: . 5 , ! 5'7d Second Reading: Publish . . . . MAYOR - JACK 0. KIRKHAM DAY " ' SAV �fu9-07 - r � The Five Sands, Inc. °�'� �, _ p. ' Vacate James St;reet and '� � �, . .� street lying E. of B1, 1�nd .' • .� ' ��, W. of I,. 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'''�::�-�-,1. �� 7L 1 �...�..�, � � , �-, � _ • . � •� � _,1 ` , 1 � ,` O �` ��. 4 :i� Ir•�` _w���' �ry�l '4 , �� � L,S•{�� 1 ':) � �' ;: . % 1 � ::� � � 'e� } •'y i V : .�.� �� �� -.._ _....1, � • � `.. ,f ` � �, , f - / ,` , / / �.�) 5 �� i.�`��` • � .:'Y� F \``�� -a% �� �!'�� ", __...� ..�-.L.._��--�--�- �'���_ i. 5-�.'-�. ,.1`��` •' '�i � .� .-� 1�' • � ' _L.= � aW CYa1a Dw�. FOYIII NO. 31—M. Ittller-Dati� Co., I[l�n�aNIM. lfiw� ___.._. r •••••••++� t0.bq�ntl�a_. .._ _ -- bfin.ee.ee.8�eiisrmE-on.e�snet�iilar�s c�m _ . __.__._. . __. � a5 � �i�ji� ,�n�enture� Made thia ......................................................day af...........�I9Y��4b�r..................., 196�....., between .....G�.TX...OF..FB.�.17�X.,...a...�uz�.i..�.ig�.J....Gory��?��ta.Ara ........................................ a eorporatiori under th.e lawa of the State of ............ ...�`1.i.z�a�.�.SO.ka......................................, paa•ty of tke j£rst part, a�ui .......... 5.....G..... P.�A,BS.Q�ii...�Q.,,.,....�.i1T.C.,.,....a... �1a. x�x�.�.s a.t a... G o x. � Q x. �.x �. Q ra ...... ............................... ........................................................... a corporation under the Ea,wwa of the Sta,te of ......J.`�,i.z�n.�s.Q.�a .......................... ............................................................................... ....., Pa�'�l! o� the aeoo�,d pctrt, t�itnegget�j, That the said pdrtb of t1u �'crst part, i�, ooxei.c%ration of �he au»y 0� .......................A.�`.(�...�?Q�.�,�4R..�4ND,,.OTHER GOOD AND VALUABLE CONSIDERATION---------------- DOLLd$$, .............................................................................................. ................................................. to it in, hand pa.id by the said party of the second part, th.e recdpt whereof is �,ereby aek�wwledgtd, doea hereby (,�rant, Bar�cci.�., Quitclairrz, ct.nd Coni�ey unto the said party of the aeeond pctrt, i.ta aueetaavri and aasi.�na, Forever, all Ehe traot........... or pareel...... ... of la�e�i Z�ing ascd bein�s �n t1u County of ................ ........ ...................... Q.�...................................�,r+d Stu.te of dTinnesotu, described aa fotZowa, to-wit: That part of tti� ;�uthw�st Quarter of the S�utheast Quart�r . �r, tiun 3, Township 30, Range 24, Anoka County, Minnesota described as beginning at the Southeast corner of Pearson's lst Addition; thence South 89°58'40" West along the South line of said Pearson's lst Addition 120 feet; thence South 18°10'35" Easr 120 feet; thence North 89°58'40" East 120 feet more or less to the South- westerly right of way line of the Great Northern Railway Co.; thence North- westerly along said right of way line to the point of beginning. It is the intention of the party of the first part to release to the party of the second part the easement for turnaround purposes in and over the above described property created by a certain easement grant dated September 23, 1963, filed in the office of the Registrar of Titles of Anoka County, as Document No. 46268 on Certificate of Title No. 32140, on the 3rd day of February, 1964. First p:�. � r the Deed i r.� :, . 4 .,, ;-� State of Min�:��s,� _ ,�r .: � cc,,;veyance - t� �. . - •� �n b�m� anD to �rn(L� ►h� 1ib,�ner � .rh�. �.��« . �,. �,.--,t.•:., . . ., . ---�- -- � � � � �.. � . r*T��e - wq..:.+Mwr 'h�rs. s , a { . "Y " • , � � ♦ i � , �., ,. , � . � . as�..:•. 1nJ ..a,; j•-„ Fnrv�+ir � ' � ORDINANCE N0. AN ORDINANCE UNDER SECTION 12.07 OF THE CITY CHARTER TO VACATE STREETS AND ALLEYS AND TO AMEND APPENDIX C OF THE CITY CODE �� The Council oi the City of Fridley do ordain as follows: ' SECTION 1. For the vacation of a street described as follows: � All that part c;i Johnson Street described as follows: All that part of the street right of way that Iies East � of and adjacent to Lot l, Block 2, Swanstrom's Court Addition and between the Easterly extensions of the North and the South lines of Lot 1, Block 2, Swanstrom's Court Addition. � All lying in the South Half of Section 24, T-30, R-24, City of Fridley, County of Anoka, Minnesota, ' � . be and is hereby vacated. SECTION 2. The said vacation has been made in conformance with � Minnesota Statutes and pursuant to Section 12.07 of the City Charter and Appendix C of the City Code shall be so amended. PASSED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF 1969. MAYOR - JACK 0. KIRKHAM ATTEST: � CITY CLERK - MARVIN C. BRUNSELL Public Hearing: November 10, 1969 � First Reading:�r' v �'�j �o Second Reading: Publish . . . . � �� � 0 0 � SAV 4�69-10 � 1fios. Albers L. 1, B1. 2, Swanstrom's Cou t�:.`-�� � '� e�.. - ,�„ ro ^ ? i , CENT£A / � � ,6 : r la , .. ; f:- .._'",� S£C. ?4 ..K�. ; .�a...�.Xl ).�__ L4!_._. V�L.%�.. -F- -'-� � + +n�'f- .s:: I �` ~ . � ~ � , x Y - '<. ., �"�. .. N `-, � - -'� .. �.. ., -: , s♦ � M ' ' _ _" ._..._ ��_. �• . .. ._ ^'_".'" __ � ' ' '_ ' �e ii � ����h �. n�» y 7� i a 9 �� in�'�.: . S� , r` . _ - - �,.� -_- _ -. ,� \ V I�.__�~.i��_ _�_R_. _... '�.�C2_'_ _l.ff._ � T .,.' T" .�_ � -� \ � � .�>> ,�,-- -• `�- .L-'""'..�� � � � '. =. ti ' `M � � '�` ..- � / ' ' ' � / '` � � � . ,�' � �i jl_ ' �i ` ( '"�a��A . �QFy�O . � D I i r- I i, ��. t�,.efi.,s!J,.ax , .r: ..� �.,;�:;,r � �f.p ; _ � . � •� ���. � � � , �, � ; . . 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'+/l: ' �,. l' •:.%✓ ' v : y , • g � f .. �:��.>� � __ �o s- � : ' , . ; _ _., . � ��� �D� ; �' �g a i � .:�. t� � � �'leJ }'; • � �i� yt'' 1 ,�, ' a7 r .. ��.._.�___..•__.1._! _.� .ir__�----__�.�_.._ _ �_. _ �—c__ c_ � •• •.• _ � . .�.�,.., . . ._ 5,5 P7 �:L'E:fJ�JF�-- __ + _ ��• 4'. X. � r'• - .�' � e„ ;,'�' ;r r, , �..4 :��y :.• --.. ,. „ _ ,-. -- . _..— r .-- :.�----, _.—, i • ,y..Ni� ..,,. _ OCM�/� �\ � �� . �-1 ( � K_} � : li -�,�1 � -�ii , � I � ..�� _; =� � , ,;, i`' -�- �k ORDINANCE N0. �' ��=' "� AN ORDINANCE UNDER SECTIOd 12.07 OF THE CITY CHARTER TO VACATE STREETS AND ALLEYS AND TO AMEND APPENDIX C OF THE CITY CODE The Council of the City of Fridley do ordain as follows: SECTION 1. For the vacation of a street descxibed as follows: All of the streets and alleys within and/or adjacent to Block 1, Irvington Addition, except the street right oi way that lies North of the Easterly and Westerly extensions of the North line of L�t 1, Block 1, Irvington Addition, All lying in the Southl�alf of Section 13, T-30, R-24, City of Fridley, County of Anoka, Minnesota, be and is hereby vacated. SECTION 2. The said vacation has been made in conformance with Minnesota Statutes and pursuant to Section 12.07 of the City Charter and Appendix C of the City Code shall be so amended. PASSED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS OF '� ' , 1969. ATTEST: CITY CLERK - MARVIN C. BRUNSELL Public H�arin�; December 8. 1969 First Reading : December 15, 1969 Second Reading• � Publish . . . . / S DAY MAYOR - JACK 0. KIRKHAM �� .. j.- . � ,,.-r o r �tss.�, (�-! . %zs J ,,rr - � � � � ;r� ,1, ,s ! f e ;:;! :_,�- I : r r I �t� . t �-, v.._ � r, � ,64TH AV E. (��E . 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M ��, :�.� A�, ' �� �. � � _ . • � � � .,, `1 ; e �o �,�: a e ; }y � ,[A, � c`� , S� ti . � '_ ` 3���s�y�.�r�:R � o-�O 'o � -- 13� . .� C C./3 � 1� I I � ?i yp` 1 ! �� 9 . ��/�..._• AF ORDIANNCE N0. �F �� l�N ORDINANCE AMENDING FRIDLEY _ ��� The Council of the City of Fridley do ordain as follows: SECTION i. 5ection 7�.3� �s amended to read as follows: Section %8.34 No motor vehicle or snowmobile shall be permitted to drive on or upon park lands eYCept roadways, parking lot s, amd areas designated by t'arks and Recreations Commi ssion except such motor vehicles or snowmobiles operated by the City of Fridley or under their direction for park maint;�inance or emeryency purposes. SECTION 2. Section 7s•3% is amendec� to read as fol lows: Any unoccupied motor vehicle or snowmobile found in violation of the prov i s i on s of th i s ci�apter may bc i mm�� d i ate I y r�•moved and impounded by any poiice ofit-icer or �iu1y authorized person in accordance with this chapter. SECTION 3. THAT THEIZE IS �1ERE�Y ENACTEU A NEW StJBSECTION of Fridley City Code entitled 78.41 which reads as f ollows: �8.41 Fridley Code of Ordinance %0 and 71 are adopted and made applicabfe to, parks, playgrounds, and all other property owned or controlle`d by the City �f Fridley and to alt iands owned or control{ed by school districts lying within the corporate limits of the City of Fridley. PASSED BY THE C ITY COUNC { L OF THE C ITY 4F FR {DLEY -rH IS � pF , �,_ . 1969. `� A TTEST : r �� C I TY CLERK - MARV I N C. BRUNSE LL htAYOR - JACK 0. K I RKHAM � DA Y 30 First Reading: De . 15 1969 Second Reading: ► Publish; ORDiNANCE N0. �� � �' lC-� /_� � � = � ' l ' � �.�f C � _ '�' `� i AN ORD I NANCE AMEND I NG FR I DLEY �"-` �""�`,' _ N� : 88 . The Council of the City of Fridley do ordain as follows: SECTION I. 5ection 88.11 is hereby amended to read as follows: Section 88.11 This chapter shall be const�ued to include the following restrictions af winter-time vehicles such as motor- driven ski or sled vehicles and snow vehicles within the City of Fridley: A. Minnesota Statutes 84.g� through 84•�8 as amended laws of 1969 is hereby adopted by reference. PASSED BY THE C1TY COUNCiL OF THE CITY OF FRiDLEY THIS oF ; , i969. MAYOR - JACK 0. KIRKHAM A TTEST: CITY CLERK - MARVIN C. BRUNSELL First Reading: December 15, 1969 Second Reading: ; Publish: i DA Y �� I�E _ ______ _ 1 RESOLUTION N0. 199-1969 RESOLU�TION ORDERING PLANS AND SPECIFICATIdNS FOR HOOKING UP CERTAIN AREAS TO N.S.S.S.D. LINES: SANITARY SEWER P80JECT N0. 97 WHEREAS, Comstock and Davis Incorporated, Consulting Engineers, presented proposals and plans for dividing the City into different service areas for connecting anto N.S.S.S.D. lines, or the Minneapolis system, at the City Council meeting of December 1, 1969, and WHEREAS, it was also discussed by the City Council that certain areas of the City should be immediately connected to the N.S.S.S.D. lines. NOW, THEREFORE, BE IT RI�SOLVED, by the Council of Che City of Fridley, Anoka County, Minnesota, as follows: 1. That the plans and specifications for the improvement for connection areas 1, 5, 6 and 7 on the attached map marked "Exhibit "A" are hereby ordered, 2. That work to be perforoned under this project may be performed under one or more contracts as may be deemed advisable upon receipt of bids. 3. That Comstock and Davis, Incorporated, 1446 County Road J, Minneapolis, Minnesota, Consulting Engineers, are hereby designated as the Engineers for this improvement. They shall prepare final plans and specifications for the making of such improvement. ADOPTED.BY THE COUNCIL OF THE CITY OF FRIDLEY THIS lst DAY OF December , 1969. ! ATTEST: CITY CLERK - Marvin C. Brunsell ' � , MAYOR - Jack 0. Kirkham �� ' � � � , ' � ' ' ' � � , , � ' � RE50LUTION N0. 216-1969 1� RFSOLUTION ORDEftING PRELIMINARY PLANS, SPECIFICATIONS, AND ESTIMATES OF THE COSTS THE[�EOF: WATER Il�ROVEMENT PROJECT N0. 98 BE IT RESOLVID, by the Council of the City of Fridley as follows: 1. That it appears in the interest of the City and of the property owners affected that there be constructed certain improvements, to-wit: Water main and other appurtenances, on the East side of East River Road, starting froin the Southerly end of Outlot A, running along Outlot I to Lot 1, Block 3, Great Northern Industrial Center. 2. That Comstock and Davis, Incorpar ated, Consulting Engineers, ara hereby authorized and directed to draw the preliminary plans and specifications ar�d to tabulate the results of his estima.tes of the costs of said improvements, including every item of cost from inception to completion and all fees and expenses�incurred (or to be incurred� in connection therewith, or the financing thereof, and to make a prelimi_nary report of his findings, stating therein whether said improvements are feasible and whethex �hey can best be made as proposed, or in corLnection with some other improvements �and the estimated cost as recommended),includyn� also a description of the lands or area as may receive benefits thexefrom and as may be proposed to be assessed. j. That the City Clerk shall act to ascertain the name and address of the owner of each parcel of land directly aff:��ted or within the area of lands as may be proposed to be assessed for said improvements tand each of them�; and upon receipt from said Engineers of the said preliminary report, calculate estimates of assessments as may be proposed relative thereto against each of said lands. 4. That said preliminary report of the Engineera and estimates of assessments of the Clerk, shall be furnished to the Council, and made available for inspection to the owner of any parcel of land as ma,y be affected thereby at any public hearing held relative thereto, as we11 as at any prior time reasonable and convenient. ADOPTID BY THE CITY COUNCIL OF �'HE CITY OF FRIDLEY THIS 15th DAY OF December , 196�- ATTEST: CITY CLERK - Marvin C. Brunsell MAYOR - Jack 0. Kirkham 3� � � � . � � RESOLUTION N0. 217-1969 A RESO�LUTION RECEIVING THE PRELIMINARY REPORT AND CALLING A PUBLIC HEARING ON THE MATTER OF THE CONSTRUCTION OF CERTAIN IMPROVEMENTS WATER INIPROVII�NT PROJECT N0. 98 WHEREAS, the construction of certain improvement. is deemed to be in the interest of the City of Fridley and the property owners affected there- by. lows: BE IT RESOLVED, by the City Council of the City of Fridley, as fol- � 1. That the preliminary report submitted by Comstock and Davis, Inc. �onsulting F. ginPers is hereby received and accepted. ' 2. That this Council will meet on the 12th day of January , 19iQ at 8:00 o'clock P.M. at the City Hall in the City of Fridley for the pux'pose of holding a Public Hearing on the improvement noted ' in the Notice �ttached hereto and made a part thereof by reference, FxhibiC "A". 3. That the area proposed to be assessed for said improvements and each of them as noted in said notice are all �he lands and areas as noted in said notice: All of the same to be asse5sed proportionately according to the benefits received. 4. That the City Manager is authorized and directed to give notice of � such Public Hearing by publishing a notice thereof in the official newspaper of the City of Fridley according to law, such notice to be su�bstantially in the form and substance of the notice attached here- to as Exhibit "A". ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 15th DAY OF _ December , 1969. MAYOR - Jack 0. Kirkham ATTEST: CITY CLERK - Marvin C. Bx'unsell 3� � , . , , ' , ' � ' �� , , � OFFICIAL PUBLICATION CITX OF FRIDLEY (EXHIBIT A) NOTICE OF HEARING ON IMPROV�NTS WATER Il�ROVEMENT PROJECT N0. 98 WHEREAS, the City Council of the City of Fridley, Anoka County, Minnesota, has deemed it expedient to receive evidence pertaining to the improvements hereinafter described. �10W THEREFORE, NOTICE IS HEREBY GIVEN THAT on the 12th day of .Ia*+++a� � 1970 at 8:00 o'clock P.M. the City Council will meet at the City Hall in said City, and will at said time and place hear all parties interested in said improvements in whole or in part. The general nature of the improvements is the construction (in the lands and streets noted below) of the following improvements, to-wit: CONSTRUCTION ITEM Water main and other appurtenances, on the East side of East River R�ad, starting from the Southerly end of �Outlot A, running along Outlot I to Lot 1, Block 3, Great Northern Industrial Center. ESTIMATED COST . . . . . . . . . . . . . . . . . . . . . . $ 30, 000. 00 THAT THE AREA PROPOSED TO BE ASSESSED FOR SAID II�ROVEMENTS IS AS FOLLOWS: For Construction Item above ------------------------------------- All of the land abutting upon said streets named above and all lands within, adjacent and abutting thereto. All of said land to be asses�ed proportionately according to'the benefits received by such improvements. That should the Council proceed with said i.mprovements they wi11 consider each separate improvements, except as hereafter otherwise provided by the Council all under the following authority, to-wit: Minnesota Statutes 1961, Chapter 429 and laws amendatory thereof, and in conformity with the City Charter. DIATED THIS 15th DAY OF December , 19 gg, BY ORDER OF TI� CITY COUNCIL. I' Publish: December 31, 1969 Januaxy 7, 1970 MAYOR - Jack 0. Kirkham 0 RESOLUTION N0. 218-1969 RESOLUTION ORDERING IMPROVEMENT AND FINAL PLANS AND SPECIFICATIONS AND ESTIMATES OF COSTS THEREOF: STREET IMPROVII�IENT PROJECT N0. 1970-1 � 7� WIiEREAS, Resolution No. 90-1969 adopted the 16th day of June, 1969 by the City Council, set the date for hearing on the proposed improvements, as speci- fically noted in the Notice of Hearing attached hereto for reference as Exhibit "A", and WHEREAS, all of the property owners whose property is liable to be assessed with the making of these improvements (as noted in said Notice) were given ten (10) days notice by mail and published notice of the Council Hearing through two (2) weekly publications of Che required notice, and the hearing was held and the property owners heaxd thereon at the hearing, as noted.in said notice. NOW, THEREFORE, BE IT RESOLVED, by the Council of the City of Fridley, An�ka County, Minnesota, as follows: ' ATTEST: � 1. Z'hat the following improvements proposed by Council Resolution No. 90-1969 are hereby ordered to !�e effected and completed as soon as reasonably possible, to-wit: '1'tie improvements as noted under the� Construction Item in the Notice of He:�ring (in Exhihit "A") for the following streets: 69th Way: East River Road to Hickory Street 612 Way; East River Road to alley on the East 2. That work to be perfonned under this project may be perfoytned under one or more contracts as may be deemed advisable upon receipt of bids. 3. That the City Engineer, Pdasi.m M. Qureshi, the City's Consulting Engineers are hereby designated as the Engineers for this improve- ment. They shall prepare final plans and specifications for the making of such improvement. ADOPTED BY THE COUNCIL OF THE CITY �F FRIDLEY T�iIS 15th DAY OF Decembex , 196 9. CITY CLERK - Marvin C. Brunsell ,' � MAYOR - Jack 0. Kirkham . PRESENT DEPOSITORY Fridley State Bank 6315 University Avenue Northeast Fridley, Minnesota 55421 All Funds � �,� � ._a V �;_ 3 x: � w. `.� �t � �� a �� / RESOI.UTION N0. A RE��LCTION U6SIG:v`ATING A I.EGAL NEWSPAPER WHEREAS, the Charter of the City of Fridley in Section 12.01 thereof, requires that the Council designate annually the legal newspaper of the City. NOIN, Tf1ERE0FRE, BL' IT RESOLVED, by the Council of the City of Fridley as follows: 1. It is hereby determined that the legal newspaper of the City of Fridley for all legal publications required to be published therein is the following noted newspape�: '` _..,_y�•� and that such newspaper is accordingly so designated. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF , 1970. MAYOR - JAC K 0. h I RK} iAM ATTEST: CITY CLERK - MARVIN C. BRUNSELL � 'I � __ _ � � � � � :�`° ' SU�i �EWSPAP�:K� t1��_�� 660� WESf SEVENiV � EiG: TH STREEI EDINA, MiNN. 55435 9a1-4800 Dece�ber 15, lt�t�9 City �ouncil Cit.y of rrid2ey bt�31 `.:niver�ity ��e. r;. E, Fridley, "�i:^nesata ten+lemen: ?lease consider the desigration of �he Sun as the official newspaper for the �it,y of r'ridley for the year 197C. All le�al �ublicaticns will be published in all 4 edit,ions of ihe Sun. �he rate for le�al pu�licaticns is cet �y �tinr,eGcta law, i.e., �1.�0 ' per f�lio for the first insertion, �]..20 pe.r folic for each add:tional insertion. Tabular matter rate is 5C¢ additicnal on the £irst inser- tion. � � � � � � An af�'idavit will b� fur*�ished or. each legal puk;licaticn. Additional noLarized afficavits, when required, will be furr.ished at 25¢ each. Thank ,yoa for ycur ccnsideratien of this a�plication fcr desz�nation of The Sun as the cfficiai newspaper for the ensuir� ,year. Sincerely ,yours, SUBURBA?�` NE'`�v'S?APER.S, I�C . ,; � s ' �.. ` .,:.L •-�.�t �� _ -• r t_<- C--�� <i i - ,. _. . _ *� . T� :. � . t, � . Executive �'ice 'resicient JRR/an !� !� T! I _ �_ i, � � � � �� � � , � � '-�______ RESOLUTION N0. �1 t RESOLUTION DESIGNATING TIME AND NUb4BER OF REGULAR COUNCIL M�ETIPJGS WHEREAS, Section 3.01 as amended of the Charter of the City of Fridley requires that the City Council shall meet at a fixed time not less than once each month, and WHEREAS, Section 3.01 as amended of the Charter of the City of Fridley requires that the Council shall meet at such times as may be prescribed by resolution, and WHEREAS, the Council has been meeting on the first and third Mondays of each mon.th at 7:30 o'clock P.M. NOW, TIiEREFORE, BE IT RESOLVED, by the Council of the City of Fridley that: ,r ! .. � �,L.� � �,</1-�..../ 1. The City Council shall meet on the � and '` � of each month. t � f,i�,��� �4.���i�. -._..,��' 2. The City Council shall hold Public Heaxings on the ,�- '� f�f of each month as required by the Council. � t� 3. The City Council shall meet at ,�' � o'clock P.M. on the above designated days. PASSED A�I D ADOPTED BY T}f�., CITY COUN(�:IL OF T�iE CITY OF FRIDLEY THIS � � �� DAY OF ' r�"`� . , 1970. ATTEST: CITY CLERK - MARVIN C. BRUNSELL MAYOR - JACK 0. KIRKtfAM � i_ _. i � � � FOLLOWING IS A LIST OF COMMITTEE MEMBERS WHOSE TERMS WILL BE EXPIRING_ PRESENT MEMBER TERM EXPIRES APPOINTEE � Plats and Subdivisions - Streets and Utilities (3 year term - S_members)� S�st�saaa 4s�) William E. Jensen - Chairman 12-31-69 _ � 589 Rice Creek Terrace Fridley, Minnesota 55432 � Thomas Myhra - Vice Chairman 12-31-69 6360 Able Street Northeast Fridley, Minnesota 55421 (The Council designates the Chariman of each committee and the Chairman is a member of the Planning Commission) (The Planning Commission has one member at large who shall serve as Vice Chairman of the Plats, Sub-Divisions, Streets and Utilities �r"� <„ � Sub-Committee) Buildings Standards - Desi�n Control (1 vea� tei�n - S members)(Section 48) � Oliver Erickson - Chairman 1-15-70 . 1315 N. E. Hillcrest Dr. Fridley, Minnesota 55421 � � � � Earl Biermann 7830 Alden Way Fridley, Minnesota 55432 Carl 0. Tormoen (lst Ward) 6912 Hickory Drive Fridley, Minnesota 55432 William �. Tonco (2nd Ward) 5925 Hackmann Avenue N.E. Fridley, Minnesota 55421 Frank Hart (3rd Ward) 6000 3rd Street N. E. Fridley, Minnesota 55421 1-15-70 1-15-70 1-15-70 1-15-70 (Chairman to be member of Planning Commission, An architect, construction engineer, builder or other similarly competent person residing in the City Three•members - one from each of the 3 Wards) (Members to be appointed by the �layor with the approval of the �ity Council) . �--- --- � �� PRESENT MEMBER TERM EXPIRES APPOINTEE � Board of A�pesis (3 Year Term - 5�embers (Chapter 45.3$1-45.387) � Do:zald R. Mittelstadt, Chairman 12-31-69 6940 Aickory Drive Northeast � Fridley, Minnesota 55432 _ r_ _ Richard Harris 12-31-69 � 6200 �iverview 'Perrace _� ` Fridley, Minnesota 55421 � (To be appointed by City Council) ' Parks and Recreation Couimissioz� (3 Year Term - 5 Members Section 24� Gary Stimmler 12-31-69 � 7841 Alden Way N.E. _ Fridley, Minnesota 55432 � Thomas D. Cochran 12-31-70 1171 Lynde Drive Fridley, Minn. 55421 � (Resignation letter dated 12/21/69 (To be appointed by City Council) � Human Relations Committee (15 �Iembers - 3 Year Term) (Resolution ��271-1954 Ward 1 Mrs. Ratherine Moss 12-31-69 _, � 1021 Rice Creek Terrace � Fridley, Minnesota 55432 Ward 2 Robert Hynes � 665 - 57th P?ace Northeast Fridley, Minnesota 55421 � Ward 3 Donald Batterson 6480 �2iverview Terrace Fridley, Minnesota 55421 � At Large Rev. Gerald Keefe 6120 - Sth Street Fridley, Minnesota 55421 12-31-69 12-31-69 12-31-69 �'I ' At Large W. R. Starwalt 12-31-69 1021 Hackmann Circle _ Fridley, Minnesota 55421 � ' (Appointment made by the Mayor upon the advice and recoaunendation of the �ouncil and with the consent and confirmation of at Least #'our-fifths of the Council). �J �� r LIST OF EXPIRING TERMS (CONTINUED) I'RE3EiV� I�MBER TERM EXPIRES Police Co�is�ion SChaD_ter 25) (3 Year Term - 3 Members) , � Dr, Milton Williams 12-31-69 90 Craigway Northeast � rridley, Minnesota 55432 Vir�il wi11s R' n d D b 1969 12-31-71 g�� §� APPOINTEE � ( esig e ecem er, �_ � Board of Health (Chapter 3b)�3 Year Term - 3 Members) Dr. H. S. Strait - Health Officer 12-31-69 __ � 7635 '�ortheast Alden Way Fridley, Minnesota 55432 Dr. Donald L. Wright 12-31-69 M� 101 Logan Parkway N.E. Fridley, Minnesota 55432 � Harvey J. McPhee, Public Health Sanitarian 3463 Zarthan Avenue South St. Louis Park, Minn. 55416 12-31-69 � , (Appointed by Council. One member may be a physician who shall be the executive of the Board and r,ity Health Officer. If no physician is available, the� the �oiincil shall choose the executive of the Board and � Health Officer) � Suburban Rate Authority Councilman Raymond E. Sheridan � 1301 Hillwind Road N.E. L. W. Samuelson, Alternate 7800 East River Road � North Suburban Sanitary Sewer District � David 0. Harris 470 Rice Creek Blvd. � � 1 12-31-69 12-31-69 12-31-69 t� �' ��- r ^-�' :�; ;•'s� . l� � �. `..f.�:+J J 1 . . ... ' Ti' � Y i rt`� 1� - �� 7 �. n n T r� � a7�_ .�,.,�.� . i5r .� t, l� �' el`�`i{�_. j� �;�; I� fl�� � t� �✓t_).r..,.�...�J,�l .:.,i::'.,. ?. _.�:��:.<.i:.., .,..... 1�.. _. �. �..._�;.i+�.. _., .:.�_.i L ° ._ _ i .�.. '1 x3}�i;:�. {ti i� I' . t,T, � ' 'Y t'�-� � - i� .E'. � ���.-� '.f.....~i !i _ i.Ct-a ii :�C�:_..+ . J;� ,_ ,ti.._ , �....:.i.�--. �.,. . . ..,.:i,..� �.. �,....7'., . 3.G��. ...`t"1.1� ..'t�T'. _.�_....r_ :.�'_: �.�}_� .'.i:` tl �E! ... :L�, fl a;:� .o:G�,E...?. E'i' :.3):, 4{.i.!.3.1: s.; j�l �r.;L.: .�i�� .�Y�t:r�Y 'i ; . � - ..... 7 �. .�.7,�'�±a,..�.L�id? :. 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R,)i .�*1'J ,iE�:tx.�? >?T.. },.?'zf � M,.� a �,�?.�.t..":_ ..E.L. ie.aF:_i?+�', z�t3�? 1���'� �..C-i�3_.._.. ns;.0 L?i:Y�..i. ��£'• fi's. ..:C'+.,':�� l):. � S f Y)�i .J?.a: _ ,...: .. _,.i t_"s s, �. ..... z,sx �F a ��- ta s. il .a.. _„'r. e.:'?.i�_.2.crs:?".� � :'5.:� ..��'+. �':'v.�i.C',.£ '.Ji »;.5.:� �S I�,... .:i-� _n�' °.:Y`:..�.{ � .,.� o _�... : ..�.� r:T°� :�., _._?. �_' �-t.. _. <. .., ._.. _�5 -�'� c �2.;r� .z_'.., w�:�. _.,., i�.C�u.'�a:'-:d � r ;�,�'.�� e - ;z , � r, ; ,-, ,...,, - L'�4s _i.. �, .,aiS. x'a+ . �.� .ti s . ..._r,4' .+.....z iY n - :.e''" � � eT . i. . ?.�_� "..�..d-R1::,' �'t'- .. � � I � %ESOLUTION DESIG:dATING DIR.ECTOR AND ALTERNATE DIRECTOR TO SUAURBAN RATE AUTHORITY BE IT RESOLVED by the Council of the of , Minnesota, as follows: is hereby designated as a director of the Suburban Rate 1�uthority, and is hereby designated to serve as alternate director of the �ub�rban Rate Authority for the year 197 and until their successors are appointed. STATE OF P2INNESOTA ) COUNTY OF HEIVNEPI:1 ) SS . OF ) I, the undersigned, being the duly qualified and acting Clerk of the of hereby certify that the attached and foregoing is a true and correct copy of a resolution duly adopted by the Council of at its meeting on , 196 , as the same is recorded in the minutes of the meeting of such council for said date, on file and of record in my offi�e. Dated this day of , 196 . C erk of ( SEAL) � � �.11� , � .. �� ' � PLANNING COMMISSION MEETING � DECEMBER 17. 1969 The meeting was caTled to order at 7:30 P.M. by Chairman Erickson. ROLL CALL: Page 1 MEMBERS PRESENT: Myhra, Mittelstadt, Fitzpatrick, Erickson ' MEMBERS ABSENT : Jensen OTHERS PRESENT : Darrel Clark, Engineering Assistant ' � APPROVE PLANNING COMMISSION MINUTES: DECEMBER 3, 1969 Mr. Myhra called the statement on Page S, paragraph 2 of the December 3, 1969 minutes to the attention of the Board. He said he didn�t know if we could go quite so far as to attempt to dictate to the petitioner how he should use his land. ' MOTION by Mittelstadt, seconded by Myhra, that the Planning Commission minutes of December 3, 1969 be approved as amended. Upon a voice vote, all voting aye, the motion carried unan�mously. � RECEIVE BUILDING STANDARDS-DESIGN CONTROL MINUTES: DECEMBER 4, 1969 MOTION by Myhra, secon'ded by Mittelstadt, that the Planning � Commission receive the minutes of the Building Standards-Design Control meeting o£ December 4, 1969. Upon a voice vote, all voting aye, the motion carried unanimously. , � RECEIVE BOARD OF APPEALS MINUTES: DECEMBER 10, 1969 MOTION by Mittelstadt, seconded by Fitzpatrick, that the Planning Commission receive the minutes af the Board of Appeals meeting of December 10, 1969. Upon a voice vote, all voting aye, the motion carried unanimously. 1. REQUEST FOR REZONING, ZOA #69-11, NORTHERN PACIFIC RAILWAY CO.: 1 Property between 40t and 41st Avenues in t e vicinity o Grand and California Streets to be rezoned from �t-1 to M-2 (heavy industrial) for railroad classification yard. � 2. REQUEST FOR A SPECIAL USE PERMIT (SP #69-01), NORTHERN PACIFIC R��L�iAY–�0.—'�Io expand and modernize a class�ication yar etween t�Fi and 43rd Avenues West of Main Street referred tp � as Tract �'A�' and Tract �`B�' (see Public Hearing Notice for fu11 description). ' � � �� , � , LJ . � m Planning Commission Meeting December 17, 1969 Page 2 Mr. Mittelstadt stated that Mr. Dennis Bertrand has attended all the meetings regarding this proposal and wa� informally assigned at the Board of Appeals meeting, to get different opinions from mortgage companies. He presented his results at the last Planning Commission meeting and at that time also withdrew any opposition he had to the railroad. Tonight he stated to me that he wants to emphasize that he still has no objection to the railroad obtaining the right-of-way for building their hump-yard. The railroad construction will be permanent and use the land they are considering and make it final. He feels that he can live with the railroad. It is an improvement in the situation they now have there and anything put in there would be a firm type of development, Mr. Mittelstadt commended Mr. Bertrand on being a fine citizen of Fridley. Mr. Fitzpatrick noted that Mr. � was at this meeting tonight and did consideration of the request by the people did not share Mr. Bertrand�s sure as to how to interpret the fact � citizen present at this meeting. , ' � I , �� Bertrand was the only one who not know how to take this in railroad. He knew some of the views last time and he was not that Mr. Bertrand was the only Mr. Bertrand stated that he had had an opportunity to speak to some of his neighbors since the last meeting. They show no antagonism towards any of the statements he had made for supporting the railroad request. There is some interest shown concerning this matter and some share the opinion that the railroad will fix the land use. It certainly would stop any future changes in there that could be more detrimental to the property in the area. Mr. Bertrand stated that the only things he was concerned about were: a. what would happen to the property and environment in the area during construction b. what would happen after construction regarding the noise control, etc. , c. what the future of his property would be as far as the banks and real estate companies were concerned. After studying these three questions he was satisfied that the railroad yard would be acceptable. Mr. Fitzpatrick stated that Mr. Henry Zimmer at 40th and California Streets continued to be opposed to the rezoning request. Mr. Mittelstadt stated that Mr. Zimmer had �nferred that he would like to have the Railroad Company b�ay his property. Mr. Ahonen, Board of Appeals member, was present and stated that the Planning Commission and the Board of Appeals was acting in too much haste with their decision. There will be no better opportunity to negotiate for other items such as additional crossings than now with this request. This yard will be a focus point for future switching yards. He felt that an overall study of this proposed request would be appropriate at this time. � � � � ' �� � Planning Commission Meeting December 17, 1969 Page 3 Mr. Mittelstadt agrees with Mr. Ahonen that the City Council should study this and wonders if we unemotionally act on the request for a Special Use Permit and Rezoning request and that as a Planning Commission we really can't bargin with the petitioner in terms of doing other things for us within the City. Mr. Myhra stated that the intersections on Mississippi will be unbearable and a grade separation will be required to handle the traffic. Darrel Clark stated that the City Attorney would have to answer questions regarding bar�aining as the Pianning Commission has no jurisdiction - but only the power to recommend. The authority to bargain'is not here. Mr. Fitzpatrick agrees that the faGt that people are involved , here that he is very reluctent to recomm�end something in regard to Mr, Zimmer's property. 1 Mr.Myhra brought out the fact that people are afraid of what will happen regarding noise, etc., but that we are in no position to do better negotiating than at this time. In the matter of cross- � overs, this should be called to the attention of t�he Council. The railroad should try to acquire greater right-of-way. City Council would look over all of these things but it is our obligation to spell these out to the City Council. It seems that if there is ` gaing.to be a motion to move in that direction, some of these things should be in the motion for City Council to consider. . + �- MOTION by Mittelstadt to recommend approval of this proposal wi.th tlie following conditions made by himself and also the views of the other members of the Planning Commission. Planning Commission � recommend approval of the Rezoning Request ZOA #69-11 from R-1 to M-2 and a Special Use Permit (SP #69-01) which permits expansion of the railroad tracks in M-2 under the following conditions. � 1. They must have a 6- foot chain link fence on the back side of the berm. The details of this item will be worked out � with the City Engineer. 1 � � � � ' 2, That a member of the Fridley Engineering Department staff periodically inspect the construction of this hump-yard and a11 surrounding activities to keep under surveillance and audit the project to assure the maintainence of the conditions. 3, That the berm be constructed and top cover and fence be installed prior to commencement of rock removal and blasting. 4. The railroad work out traffic patterns for removal of xock, dirt and other refuse towards East River Road and away from the residential area. That they work out with Frid�ey, the County, Columbia Heights and the City of Minneapolis to co�ordinate traffic activities during construction. � Planning Commission Meetin , ' � ' , � � � � � , � , December 17, 1969 Page 4 5. Railroad should control any dust by watering if necessary. They should keep blasting noise to a minimum so as not to have an adverse effect on the neighborhood. 6. Railroad and contractor should evaluate the structures of buildings in the surrounding area, wi*hzn 1000 yards of the construction site, prior to construction so that they can justifiably deny any charges of damage as a result of blasting. 7. Railroad shall place their lighting in the yards and loud speakers for work activities in such a manner that they are directed away from the residential areas to the East. They should also have an adequate number of speakers and have them placed properly for minimum volume and maximum coverage. 8. Railroad shall use the latest in retarder equipment and update this equipment periodically so that it will continue to function in its proper order. 9. Buildings constructed in this area in support of this operation must come before the Building Standards-Design Control Sub-Committee for approval. They must front primarially away from the residential area. 1�. Line of sight - the switching yard must nnt he vicihle fpnm the roof eaves howevex the view bevond must be visible. 11. The slope of the entire embankment shall be sodded with a grass that does not need to be cut and the aesthetics of the area be included. 12. No open burning on the part of the railroad or any other type of air pollution and that no part of the railroad yard be considered a dumping area where they may pile their refuse. 13. An overpass at 43rd Avenue will be completed from 44th Avenue to East River Road as planned by Northern Pacific Railroad prior to operation of the yard to eliminate traffic problems. Mr. Thompson explained that the sound deadening equipment on the retarders will be resolved before they start construction. 50 � Mr. Mittelstadt also said that he feels it is proper that the City Council also stipulate conditions if appropriate for improvement of railroad tracks in the City of Fridley - this is to include crossings, , signals, etc., to eliminate traffic hazards. City Council should encourage the expansion of right-of,way to relieve property owners that are on the East. , � Motion seconded by Myhra. 1 �J � , ' � � { ' I ' 5i Planning Commission Meeting December 17, 1969 Page 5 Chairman Erickson said he finds a number of things in favor of this railroad proposal. He does not feel it will effect the value of homes on Main Street principally because of the 50-60 foot separation in grade. The screening provided would reduce the type of noise level for these homes in the area. The proposal will eliminate the presently industrial area between N�ain Street and the bank, which could result in a detrimental effect to the residents along Main Street if covered by industrial property. The 43rd Avenue overpass crossing would be a benefit to the City. The railroad has not yet demonstrated to the City of Fridley that the sand mining operation will cease and if granted, Silica Sand could continue to spread until it reaches Main Street. Recommendations that were made in the motion are good bu� until some solution will be proposed, he remains against the motion. Mr. Thompson presented a recent photograph to the Board showing them the proposed yard and how Silica Sand would be affected by the railroad. He als� stated that the adjacent property will not have a megaphone effect. Mr, Mittelstadt felt that the City Council should look into getting other grade separations and other crossings within Fridley. We will see more railroad traffic after this is completed. City Council should consider all these items before they take action. Northern on the agenda as to whether request. Pacific's Attorney stated that they are to be placed for the Columbia Heights City Council on Mor�day or when a public hearing will be held regarding this Upon a voice vote, Mittelstadt and Myhra voting aye, Erickson and Fitzpatrick voting nay, the motion failed. MOTION by Mittelstadt that these requests be passed onto the City Council and urge that the Council carefully review the minutes of both the Board of Appeals and the Planning Commission. Seconded by Myhra. Upon a voice vote, all voting aye, the motion carried unanimously. 3. CONTINUED PUBLIC HEARING: REZONING RE UEST, ZOA #69-12, ROBERT . PRITCHARD: Sout 2 3 o Lot , Au itor s Su ivision No. 108. MOTION by Mittelstadt that this item be continued at the petitioners request to the next Planning Commission meeting as no one was present representing Mr. Pritchard at this meeting. Seconded by Myhra. Upon a voice vote, all voting aye, the motion carried unanimously. 1 , , ' , C� u ' � � , Ll _ Planning Commission Meeting December 17, 1969 Page 6 4. CONTINUED PUBLIC HEARING, SPECIAL USE PERMIT (SP #69-02 , HARLAND . BERRY FOR DOUBLE BUNGALOW IN R-1 DISTRICT: Lot 1, B1oc l, Ostman�s 3r A ition. (see Baar o Appeals recommendations on Page 14) Mr. Berry was present to present this reques�. MOTION by Mittelstadt to remove this item from table. Seconded by Fitzpatrick. Upon a voice vote, all voting aye, the motion carried unanimously. 52 Mr. Mittelstadt read from the Board of Appeals minutes, page 13 and the April 19, 1965 City Council minutes regarding the property that Mr. Berry is requesting a Special Use Permit for. He then referred to the new Zoning Ordinance, page 25, regarding the parking requirements for a double bungalow. It was established through discussion that Mr. Berry would be providing adequate parking facilities for this building. MOTION by Mittelstadt that the Planning Commission recommend approval £or Special Use Permit (SP #69-02) taking into account the recommendations as outlined by the Board of Appeals minutes of December 10, 1969. The Board stated that it be granted when the dedication of land is completed - the later being one of the conditions in granting this Special Use Permit. Also, that the structure variance as agreed to by the Board of Appeals with a set-back requirement of fxom 35 feet to 20 feet, be changed by the Planning Cammission to a set-back reQuirement of from 35 feet to 23 feet. Seconded by Fitzpatrick. Upon a voice vote, all voting aye, the motion carried unanimously. 5. APARTMENT SURVEY - LAND USE AND TAX SURVEY REPORT: ' Planning Commission received these two surveys and recommend they be passed onto the City Council. , D�rrel Clark stated that the Apartment Survey was complete and the Land Use and Tax Survey Report did not include R-1 districts for School District #11, #13, and #16. � Mr. Myhra recommended that the information released to the general public be a summary condensed version not showing the legal descriptions and addresses. , ' ' ' ' Planning Commission Meetin� December 17, 1969 � ' � ' �J �� � � � �_J � � � � � � � � � 53 Pa�e. 7 Mr. Mittelstadt is retiring from the Planning Commission and the Board of Appeals as of December 31, 1969 and would like to thank everyone. He feels that this has been a valuable experience to him personally. He fee�s that this is �ne of the best experiences he has ever had in his life. He treasures the friendships'made �n the Commission and has learned to hold each one of the mem�e�s in very high esteem. He stated that these people are of very high caliber and has enjoyed working with them. He also stated that Darrel Clark is one of the finest people in terms of talent and his ability to maintain and answer c{uestions. He states that Darrel Clark is one of the great people working on the payroll of the City of Fridley. Mr. Myhra is also retiring as of December 31st and i�s in complete agreement with Mr, b7ittelstadt. He has enjoyed working with the Commission and has gained much experience from his serving on this Board, ADJOURNMENT: MOTION by Myhra, seconded by Fitzpatrick, that the Planning Commission meeting of December 17, 1969 be adjourned at 9:40 P.M. Upon a voice vote, all voting aye, the motion carried unanimously. Respectfully submitted, . . Vic i C ambers Acting Secretary f ' ' BUILDING STANDARDS-DESIGN CONTROL MEETING MINUTES OF DECIINBER 18 1969 The meeting was called to order by Chairman Erickson at 8:02 P.M. ME'N�ERS PRESENT: Tonco, Tormoen, Biermann, Erickson OTHERS PRESENT: Hank Muhich-Building Official ', 1. CONSIDERATION OF A REQUEST TO CONSTRUCT AN OFFICE AND PROTJUCTION WARIIiOUSE � FOR BLENDING WATER TREATMENT CAEMICALS TO BE LOCATED OIv LOT 27, BLOCK 2, CONlMERCE PARK ADDITION THE SAME BEING 7 541 COrIl�IERCE LANE N. E., FRIDLEY , MINNESOTA (REQUEST BY BALCO BUILDING SYSTEMS, INC., 2801 WAYZATA BOULEVARD, ' MINNEAPOLIS, MINNESOTA 55405.) , � , � ' i I � ..; , ' ,. � Mr. Jack Jarrard and Clayton Anderson were present to present the request. When the Board inquired as to the type of services planned in this building Mr. Anderson and Mr. Jarrard explained that it would consist of a chemical analysis of samples from various water supplies in order to deter►nine different irregularities that might exist in these supplies. From these studies they can determine same chemical addit�.ve to a.11eviate the problem. These various chemicals could in turn be purchased from the Mogul Corporation. They also assured the Board that no fla�nable liquids would be used in the operation and that no type of air pollution would result from the pxocess. No noxious fumed material would be used and all mixing was to be done in four subfloor mixing tanks located in the Northeast corner of the building. �ao of these tanks would be of 1000 gallon capacity and two of 500 gallon capacity, with none being deeper than 3Z feet. They also explained that a sprinkling system was to be installed within the building and that the residue from the operation would drain into an explosion proof sump, through inflaum►able traps and into the line located in the easement to the rear of the property. ' Mr. Erickson pointed out that an account of the type and the amount of drainage should be ma.de before permitting this drainage into City sanitary lines. The representatives from Mogul informed the Board that the exterior finish of the building was to consist of a deep brown brick veneer aro�d the office area, capped with a white surfaced facia. The remainc�er of the building was to be a bronze colored steel curtain wall. After a thorough discussion and review of the account of the building by the Board, a MOTION was made by Biermann to recommend approval of the request, subject to the notations ma.rked in red on the plans and the following stipulations: 1. 2. 3. 4. Blacktop entire parking and driving area in the rear yard including the portion shown as gravel on these plans. (Minimum 4 inch Class 5 gravel base.) Complete landscaping of rear yard by sodding or seeding. Landscape detail to comply with species of shrubbery and trees as marked on this plan. a. Juniper Savin E�rergreens. b. Mini.mum 2 inch - 22 inch trees. (Maple-Ash-Birch or Oak) Elevations and drainage of property to be resolved with City Engineering Department. 5. Provide a total.of minimum 26 parking places. � � �J � ' ' � � ' , ' �� „ , � ' . � ,: ' 55 f.' Buildin� Standards-Design Control Meeting Minutes of December 18, 1969 Pa�e 2 Seconded by Tonco. Upon a voice vote, Lrickson voting nay, the motion carried. In voting nay, Mr. Erickson explained his opposition was not on the operations nor the plot plan; but only in the type of exterior finish. He felt the building did not comply with the exterior ma.sonry finish of the other buildings in the area. ADJOURNMENT : The meeting was adjourned by Chairman Erickson at 9:30 P.M. Respectfully submitted, _� �/��, / c 7' HENRY . MUHICH Building Official � I , December 18, 1969 MEMO T0: City Manager and City Council FROM: Finance Director SUBJECT; Workmen's Compensation Insurance , Based on the letter from Bachman � Anderson, Inc., , dated December l6, 1969, I recommend the City enter into a contract for workmen's compensation insurance coverage for the year 1970 with the Agricultural • Insurance Company. �' I have directed a letter to the City Attorney asking whether or not it is legal for the City to purchase ' a retrospective insurance plan. In any event,the City did nat specifica1ly advertise for such a plan for the year 1970, therefore, I do not feel we should consider these plans for the year 7970. If the City ' Attorney advises us that it is perfectly legal to enter into such a plan, we will then ask for bids on both bases next year. , MEMO T0: CITY COUNCIL I' MEMO FROM: CITY MANAGER MEMO DATE: DECEMBER 18, 1969 I concur in the Finance Director'S recommendations. -�.� � +Z, .:.�k.��....._- Homer R. Ankrum ' , � ' ' ...._--C��� ' [��� A,.CH1�.E�N— �C°�",� � 1� I� � A�, S O i�T, Inc. 5� Cable Address: 7wins 1 N S U R A N C E PIONEER BUILDIh1G - ST. PAUL, MINN. 55f01 - 227-8483 LEIANp C. DOUGLAS VICE-PRESIDENT City Couhsel City of Fridley 6431 University Ave. N. E. Fridley, Minnesota. 55421 Attention: Marvin C. Brunsell Gentlemen: December i6, 1969 Attached is our resume of the bid results for workmens compensation insurance protection to become effective January 1, 1970. I have used an estimated average loss ratio of 40% in this comparison, in determini.ng the best resulrs. Ttae 40% loss ratio most nearly approximates your average loss ratio over an extended period of time. Only bid numbers 3, 4, and 7 have met these specifications. If the Counsel wishes to adhere strictly to these specifications than your present carrier, Agricultural would be the apparent low bidder based upon the 40� loss ratio. A loss ratio of less than 40% would also favor the Agricultural. • Bids numbers l, 2, S, and 6 are three year bid options. The size of premium is reaching the point where you might wish to consider retro- spective rating which is a form of "cost-plus claims" protection. I make this statement with -two reservations: Firgt of all I am not sure that the City of Fridley can legally purchase insurance protection where there is a potential assessment, which is the case with retrospective plans. The second reservation that I•have is that I do not feel there is adequate premium to sustain a serious loss that might occur during the three year tern:. You may have two excellent loss years and the third year with a serious loss could completely wipe out any dividends that had accrued. � � T ����� ..... c� / %7 C ity Counsel C ity of Fridley Page 2. 12-16-69 If a three year plan is to be considered, however, my selection would be bid No. 2 which would produce a very good result.at the 40% loss level. There would not be a penalty involved with bid No. 2 and I think legally can be purchased. The other �hree bids do have penalties for adverse experience. After having reviewed this will you please call me with ar�y questions you may have or if you would like me to appear with further explanations of the enclosures. Cordially yours, \ ... • �r�..�...�>,,�Q��,.;� BAC�1N`,AN-ANDERSON, INC. Leland.C. Douglas, Vice President LCD:R � � . � I:� . . I i'I � STANDARD PREMIUM . 1 yr• _ _3 yr.est. I', �$20,385 $62,155 19,342 58,026 � 17,765 ------ � 19,341 ----- 20,385 61,155 ��� 20,385 61,155 � 17,767 ------ �� I � ? '� , i� ' i -- i � � � ,1 1 ' � " � � � , . , � i � II � � , 1 . . ' i � � PREriIUM AT 40% LOSS LEVEL MAXIrNM PREMIUM 2yr. 3 yr. 1 yr. 3 yr. $1b,178(ave) $48,534 $22,424(ave) $67,272 13,512(ave) 40,536 19,342(ave) 58,512 15,989 ------ 15,989 ------ 16,440 ------ 16,440 ------ 14,107(ave) 42�321 21,669(ave) 65,007 14,481 43,443 21,669(ave) 65,007 15,219 ------ 17,7b7 ------ 0 . a'� MZNIMUM PREMIiTI�f 1 yrs. 3 yr. $9,173(ave) $27,519 7�,947(ave) � 23,841 1S,989 ------_ 16,440 ------ 10,39b(ave) 3Z,188 8,664(ave) 25,992 12,263 ------ 0 � �ID �OMPARISON �I1'� ��' �RIDLEY B+iO��tR���'� �OY�iPENSATiON EFF. 1-1-70 AGENT COMPANY . 1) Endsley Western Casualty 2) Endsley* Firemans Fund 3) Ingrassia �en2rgr 4) Rico Creek Agy Mutual Creamery S) Pearson Liberty Ins. 6) Pearson Liberty Ins. 7) Carr Preuss Agricultureal BEST RATING PER SPECIFICATIONS A+AAAAA no A+AAAAA no A+A�AAA �e� A+AAAAA yes A+A�AA no A+AAAAA no A+AAAAA yes * Joint Agencies - Endsley - Anderson Agency TERM 3 years 3 y�ars 1 year l year 3 yeag� 3 years 1 qear �D.� 0 GREAT NORTHERN Great Northern Rd��,��.��„ Corrpa�,,y 1 I5 East F���t�rt�� :�'.�eet Sd����,t � aul, M�nnesota 551,,:;1 ; Phone 612 224-5b�t3 Land vn�l Tax Department The Honorable Jack O. Kirkham Mayor of the City of Fridley Fridley, Minnesota 55421 Dear Mayor Kirkham: December 26, 1969 File 9687-F � At its meeting of September 8, t969, the City Council of the City of Fridley approved plat of GREAT NORTHERN INDUSTRIAL CENTER - FRIDLEY with the understanding that Lot 1, Block 3 1 of the addition would be dedicated to the City for public purposes. Attached are original and duplicate copies of Donation Deed, � S.R. 12618, covering the L��, which were executed by the Railway Company on December 23, 1969. The instrument also contains an acceptance of the donation for execution by the City. No doubt you will wish to arrange for execution of the acceptance by the City and forward the original copy to Mr. Ted Omdahl, Registrar of Titles, Anoka Caunty, as soon as possible before January 1, 1970. With a duplicate copy of this letter, we are forwarding Railway Company's Owner'� Duplicate Certificate of Title No. 33403 to him so that a new Owner's Duplicate Certificate of Title can be prepared and forwarded to the City after the Quitclaim Deed and Acceptance are filed for registration in his office. A check should be made with him as to the recording fee and the charge for the City's Owner's Duplicate Certificate of Title. , R SE'df_RSC". ,. i� .:5 �, -,n� � � o�o�.F� - D .. �. �i 6en�rnr Tn.- ,. . r� ���iA�,SUN.I+�.� ��„�,�� R i.. �,,,,�.u.urn. R H B�,'r.;)vP �. ,u� L�,n,l .1.a�n� a v� .. � � "�. �.��i I�a:�e C.y�-nt �� GRE�� NOR i M�k1V Page Two December 26, 1969 The Honorable Jack O. Kirkham Upon execution of both copies of the Acceptance by the City, please return the duplicate yel2ow backed copy to us in the enclosed stamped self addressed envelope. Yours very truly, � � ' r/ � .� F.-v"�- 't.'���,,-v- -' ���and and Tax Commissioner Enc. cc: Mr. Ted J. Omdahl Registrar of Title� Anoka County Anoka, Minr.esota 55303 � The Grantor, GREAT NORTHERN RAILWAY COMPANY, a Minnesota corporation, donates, conveys and quitclaims to the CITY OF FRIDLEY, a municipal corporation of Anoka County, State of Minnesota, grantee, its successors and assigns, for exclusively public purposes, all interest in the following described real estate situated in the City of Fridley, County of Anoka, State of Minnesota: Lot 1 in Block 3, Great Northern Industrial Center - Fridley, according to the plat thereof on file and of record in the office of Registrar of Titles, Anoka County, Minnesota. EXCEPTING and RESERVING unto the grantor, its successors and assigns, forever, all iron, natural gas, oil and all minerals of any nature whatsoever, upon or in said lands together with the sole, exclusive and perpetual right to explore for, remove and dispc�se of the same by any means or methods suitable to the grantor, its successors and assigns, but without entering upoa or using the surface of the lands hereby conveyeci, and in such manner as not to damage the suxface of said lands or to interfere with the use th�reo£ by the grantee, its successors and assigns. IN WITNESS WHEREOF, said corporation has caused this instrument to be executed by its proper of£icers and its corporate seal to be hereunto affixed this 23rd day of December, 1969. 1 In Presence of: � �'' L � � �. ,� ' � � " � � , � /�,��► � +. �Z�...� GREAT NORTHERN RAILWAY COMPANY ,; - / � . //I�ie.'i.t ..�� �-?..4�Ta.. . ' _ . By : _ _ _, _ V��ce Prea��i Attest: �- , ' �� T- Secr tary� � i� II, -2- STATE OF MINNESOTA) ' :ss ' � County of Ramsey ) On this ;23� day of . 19(v (, before me, a , Notary Public, personally appeared .l�CJ. ` and �,%�, �� to me personally known, who, being each by me � duly sworn, did ay that they are, respectively, the , Vice President and the � (;'j Secretary of the corporation named in the foregoing instrument and that the seal affixed to said instrument is the corporate seal of said corporation a�td that the ' said instrument was executed in behalf of said co ration by authority of its Board of Directors, and said ��- and � � ,�/� � . ,Vl.. � acknowledged said instrument to be the free act and deed of said corporation. ' � I � �. T"'� - -� �p;'�.�PP, Nctary P�b��c. (�a^�sey ;,^unty Mm� : i'.,tn^Y�CS�,�r, s�..;{NC 4cri� �? �:�� i 1 ' �t�` � � i ' , � � � , � � r� r �_J �� ACCEPTANCE OF DONATION CITY OF FRIDLEY, a municipal corporation of the State of Minnesota, hereby accepts the donation of Lot 1, Block 3, GREP,T NORTHERN INDUSTRIAL CENTER - FRIDLEY, according to the plat thereof on file and of record in the office of the R�gistrar of Titlea in � and for Anoka County, Minnesota, as set forth in that certain instrument from Great Northern Railway Company to the City of Fridley dated December 23, 1969. IN TESTIMONY WHEREOF, the said City of Fridley has caused these presents to be executed in its corporate name by its Mayor and its Clerk and its corporate seal to be hereunto affixed this day of In presence of: STATE OF MINNESOTA) :ss County of Anoka ) , 1969. CITY OF FRIDLEY By : Mayor Attest; C le rk On this day of , 19 , before me, a Notary Public within and for �aid County, personally appeared and to me personally known, who, being each by me duly sworn did say that they are respectively the Mayor and the Clerk of the corporation named in the foregoinq instrument, and that the seal �ffixed to said instrument is the corporate seal of said corporation, and that said instrument was signed and sealed in behalf of said co!-�oration by authority of its Council and said Mayor and Clerk acknowledged said instrument to be free act and deed of said corporation. � �r .) sao �.so � ' ' ' �if o r�d�e 1 � � � ' � ANOKA COUNTY ' ! 6131 UNIVERSITY AVENUE NE FRIDIEY, MINNESOTA S8/21 1 � STREET LIGI� ORDER FQRM , T0: NORTHERN STATES POWER COMPANY 4501 68TH AVENUE NORTH BAOOKLYN CENTER, MINN. 55428 � PLEASE MAKE A SURVEY AND PROCEED WITH THE INSTALLATION OF THE � NECESSARY STREET LIGHTS FOR: ' MERCURY VAPOR 1. East River Road � Plywood Minnesota ' Entrance � 250 � 2. 57th Avenue � 3rd Street 175 � , , � Very truly yours, ' NASIM M. QURESHI, P.E. � City Engineer-Director of Planning ORDER DATE: 1- 6- 70 ' � � � ' �1 N0.1 LOCATION 19�� STREET LIG�iTING PROGRADI RE�`��E�'JAL AP�lD CHANGES CHANGES REQUESTED 1� Osborne Road � Commerce Lane Relocate Closer to Inter- section 2�Marigold Terrace $ Monroe Position Arm Over Inter- Street section 3� 57th Avenue �, University Remove (West side) 4 57th Place $ University Remove � (West side) 5. 6471 University (East side) Remove ' ' ' � ' ' ' , � ' ' � CITY ORDE�t N.S.P. DATE COMPLETED 1- 6-70 1-6-70 1-6-70 1-6-70 1-6-70 ! General Alarms 201 ,Still Alarms 33 Cornpany Alarm� 6 Total 240 . � Total Drills 18 . OFFICERS ■ Robert 5. Hughes rthur OlsAn eRoy Blomster obert Aldrich, , Edward Ellis awrence Peka ennis Ottem FIRE DEPARTMENT PAYROLL June 19 thro�a�h ���o �7, �g6g HLNKMS ALARMS DRILLS.- DRILL �$4.50 CITY TIME C� 4m50 (� 6aQ0 NO PAY 88 lg6 16 103 84 130 )06 ALARM' RE F i GH TE RS C� 4. 00 Ray Anderson �bert Anderson le Bakke Vcrne Sarnes mes Bates nald Ca�rigan rry Case Lester Chesney �rrel Clark nald Froom Gordon Harstad rry Higgins arles Kas�ick omas Kelly 'chard Kremer ry La rson ne Lundgren Charles McKusick F�iph Messer �bert Paulson , Don Sachs L�iliam Sandin Schroedl Arthur Silseth ard Simonson er Viger _ . mas Weinhandl 2, 113 87 118 50 145 135 99 80 $7 45 $9 70 40 80 103 75 60 )02 84 19 41 97 73 133 87 50 61 l0 1 . 12 � 10 52 1� o g 42 � 2 10 165 1 AI.ARMS DR- � ��S C I TY T I ME . C� 4. QO NO PAY 4 8 2 0 0 0 2 0 0 0 6 0 2 0 0 3 0 44 1 15 �6 13 11 6 3 5 6 6 1� 15 11 0 13 �9 12 11 5 i7 9 .�.._ 37 TOTALS Res�onse to Respo�se to � ' Alarms with Alarms ' 3,151 24g 3 6 2 7 $ 1'OT�tL ALARhIS N B �HT � ��9 ��S DUi°l � 9 5. 00 �6� 2�1 �6 165 98 146 165 !.�$ 1181 8 DRILLS 2, 132 93 137 65 156 141 102 87 ��90 51 88 42 96 120 75 75 119 93 34 43 103 87 138 148 60 Tote1 Response TOTAL. � to Drills Response to Dri 1 {s,_� A1 347 3,664 � 0 4 0 _ 3_. 2.._ NIGHT DUTY tc nn 6 9 1 0 2 0 •0 0 6 5 5 4 2 3 4 5 -7 4 �� OfllR9T �U� 534.00 1,06�.00 387.00 621.00 492.00 742.50 Sb5.5o 6� 5,�95.50 AMO� i1NT DUE 602,00 372.00 651.00 267.00 b24.00 594.00 408.00 370.00 360.00 204.00 �+55. o0 434m00 24�090 455.00 �31D00 3�00�0 ���.00 ��6B0o 387.00 177.00 217.00 456.00 411.00 657. 00 416.00 29b.00 ,_._ .4�1,� 04 1 1 .2.) S. 00 Night Total DutY Payroll --r^� 118 $16�313•SC � r ,I Ci� o rid�e � � __ _- -=. -- � - 560-3450 6431 UNIYERSITY AVENUE NE MEMO T0: CITY COUNCIL MEMO FROM; CITY MANAGER MEMO DATE; DECEMBER 18, 1969 ANOKA COUNTY FRIDLEY, MINNESOTA 55421 The attached letter received from Mr. Richard E. Ospnan. Letter includes receipt for payment of connections and other fees to New Brighton. Mr. Osman hooked up to the New Brighton water system and paid connection and other charges to New Brighton in the amount of $333.35. He feels unless he is given credit for the New Brighton charge, either directly to him by the City of Fridley or through turn over of funds to Fridley, that he could not hookup to Fridley. The New Brighton Council res�lution concerning the connection is attached hereto as Enclosure No. 2. The resolution provides for no reimbursement at a termination date. In discussion with the Finance Director it was found that if credit would be given, we would be establishing a precedent. Mr. Osman has indicated in a telephone conversation with [he City� Manager that he has contacted the Village of New Brighton and they wili not consider refund. The fact that we have an industry which is hooked up to Minneapolis for water and were they ever hooked up to Fridley they could possibly request credit for connection charges paid by them to Minneapolis. Although not the same, we have people who have installed wells, who could possible ask for credit because expense of installing a well. The above only provided as background inf�rmation as this would be a policy matter. d "�Y�-�. f `- ��raC.,,�...,... _ HOMER R . AN KRUM r i , HRA/mis I, Enclosures I.--�-.--- - � ' �J ' , , � . �,"' -h � `� f.� City of Fridley 6431 University Ave. N.E. Fridley� Minn. 55421 Attentions Mr. H. Ankrum� City Manager Dear Sir, 5830 Stinsoa Blvd. N.E. Fridley, Minn. 55421 December 12� 1969 This letter is written in request to obtain a confirmation from the City of ' Fridley, that a water assessment I've paid to the City of New Brighton for water service starting in December of 196�, can be credited against my Fridley assessment for water laterals recently run in on Stinson Blvd. south of Gardena Ave. If this request for credit is not granted, I feel I will be paying a double charge for a single service and in order to keep costs to a minimum I will noti connect to Fridley. it is realized that the work was done and must be paid for fairly by all Fridley tax payers. Fridley's recourse then, might be to recover my credit from New Brighton minus some small fee for rental of the New Brighton system for two (2) years. The background on this situation follows: When I decided that I must build a new home, the ground rules in choosing a site included that it must be in Fridley and School District #14 as we were then and believed both to be very excellent. The site on ahich we are now built met all our criteria but iud a water service problem. Fridley did not have water in the street but New Brighton did. Before I bought the lot it was determined that an agreement did exist between Fridley and New Brighton documented by resolutions by both parties that New Brighton would provide service to Fridley residents along Stinson Blvd. Knowing this I bought the lot and built in 1967. Now Fridley has provided water service and I want to connect to eliminate any future probl�cns. I rnigh[ as s+sll utilize the service as long as I have to pay for it. I will not connect, however, if mq New Brighton assessment of �333.35 cannot be credited against my Fridley assessment because the cost of Fridley water would be prohibitive. Please consider this request and take the appropriate action to obtain a final decision. I would like to get the connection made no later than earlq next spring because of the good possibility that the street will be completed in 1970. Alternatively, I have the chance to connect on December 18, 1969 when two other neighbors are connecting but feel I cannot go ahead without good assurance of the credit being granted. I plan to call you next Wednesday December 17, 1969 to discuss this as the plwnber must have my decision no later than Wednesday night. � -�� r2� Copies of this letter are being sent to Ray Sheridan� my Councilman� and Nasim Quershi with whom I have discuased this matter at great length. A copy of the New Brighton assessment is included. If you have any questions or wish to discuss this further please feel free to call me at work on 331-4141 ext. 4475 or at my hrnae after 6:00 p.m. on 788-8935. 0 RBOssmv ATTACHI�NT cc; Ray Sheridan Nasim� Quershi � � Sincerely, ,��u�'"�' l--�"' ���t/ 8ichard B. Osaan , .. . � . � . . � �. � � — _ �1- . . .: . .. . . 1�� . . ',� . �. . : . , 1 , ,. . . :, , . . � . �., :, . . - .. . ; y . ...._.... ;. 1.. : . . , _ t � _ �.. . , . . . . �� � . . . . , .� . . . ., . . . . �� , . . . �:' ��;' ' � � .- � " . � _ . � _ . , ,�^ , . . , . ` - ' . , . � • fW�i++��.�.vwY �•� �ie..;..M� �'�..�^I�..i-�.+-^� .. ' ` . ' . (,��� J ` 'Vi! u�.ub� 4..«.�`rrA�i`.�VI � � , : ; ; : . �a� �r��o �°::��►:, c�. �. � . . .. . r . . . . . . � . ' � t • � . . . ' k: W G :�C:.; O�i, �'�:::�:�OTA 5911� � _ � .. � _ � ' : . . Do l� .. � F��:,v�d � � � . ' Fra� . � . � ; . Adr�,@� • , � . � '.. . .. � . . � ' DC3S1J1R� • . . . , � � � ' � .'. ' . . ., . • • _ � � ' . ' • . .. . " . .. . �� . �;�,.� ._'- --... -_��. ..CSM� • . . �` i p � .62s • � � . . ' . .. . . � � _h �.. . � • Y.A � . .N � , , . „ i ti: ��.; ,'� � �� , � t . � � .. . � / �1 ' � , �r ' rQi , � I LiiC . .. ' . . � ' , . �y "_ ' . ,. , , . . .,;� ' � . � � • � ... ' � T�,IAP� YOU � "�� . • � � O��F� . , . Rea'd Bp �_ , �t �o �u�wr Mnu ��rns ew. n. MY►. YUII. MIM , ��C . . . ' .�� � � � ,. , ' . . „ � . . �:L �-��'�t ��� ��� �> �3 � 9� i� t� �. :�/3. �L� � . � '. . �. . , �` � �� . , �� �s . �� . w��� �� i �, . . .. , , ----. � � � � � � . , : . : . �,�� � .:�� . - . . . �, , , . , .. . ::,. . . . . . . �, : .;:- .. � . . � � , : ' . .. . � . . . . '. � ', '. ' . • • ' , . . ' • . •�•• . ' � . . . . .. , .. - . .. � ' : • '' . . ' . , , . , v . . , • ' �' ' , •: , . . . . ,� __. '�I �� �I� � , � C�' I'� , �,,�SC7Li�TlOf�.'_ T,?0_ 6G.-4� VIi,L�:G� vF' i����] BRIGHTOP+ COUNTY OF RAI�i3�Y STr TE UF 1�INNESOTA RESOLUTION AIITHORIZI.NG i?ND EST:�BLISHING CuNDITIUNS R�i.TLi�T� IP3G CuIJP+ECTIi,'N 'I� i�:i'61 BRIGIiTOPI 1•Jr.TER SYST�,A�I BY PRCiPE:�TIES OUTSIliE i�?U KDJt:CE:VT TO UTLLAGE LIN�ITS 'v�iEREAS, there are certain properties outside and adjacent to the limits of the Village of Plew Erighton ha�3n� no water system avail� able to connect to other than the Ivew Brighton '+�'ater System, and i►1HEREAS, the wator system of the Yillage is adequa.te to supply such properties with water and the Village would benefit financially Prom selling such service, N:�N1 TH`r;R��ii�', BE IT R�SOLV�'...D that the Vill�ge of P1ew Brcigh$o� shall permit properties outside and adjacent to the Vill.age limits to corn nect to the water system of the Village of Nsw Brighton on the fol— lo�ring conditions: � 1. The permit for such connection aha11 not issue until a con— nection charge h�s been ���id. T:ne connection cht�rge sh�ll be in an amount equal to the sum of � regular connection ch�rge plus an amount ' equal to the amount that would h�ve been assesaed against such pro— perty for the Village �dater Tower and the :dater Mein if such prop�Y°tg could have been assesved. , ' ' ' ' � ' ' 2. Al1 such connections shall be ma.de in strict conformit� with all Villa�e Ordina.nces relating thereto, including a water metes° as prescribe� and inspectior.s thereof by tY�e Village Inspector. 3. ��ater used shall be biil.ed at l� iimES the rate charged to properties within the Village :i�nits. Adopted this 22nd day of December� 1964 :Kayor Attest: Village Clerk Village ?�ianager �� � ' � , ' ' � ' , -., ' � � ' ' ' � I � � � - l iF . , . . . RESOLUTION N0. �� - 19 ' A RESOLUTION AUTHORIZING AND DIRECTING THE SPLITTING OF SPE�IAL ASSESSMENTS ON PARCEL 320, AUDITQR' S�SUBOI VI SI ON N0. 92, AND PARCELS 150 AND 250, WORREL� S AOOITI4N, AND REPLATTING INTO AMBER OAKS AdDIiION WHEREAS, certain special assessments have been levied with respect to certain land and said land has subsequently been subdivided. NOW, THEREFORE, BE IT RESOLVEQ as follows: That the assessments levied against the fotlowing described parcel, to-wit: Parcel 320, Auditor�s Subdivision No.,92, and Parcels 150 and 250, Worret�s Addition, may and shall be replatted and apportioned and divided as foltows: Original Parcel Fund Parcel 320, �ot 4, Auditor!s Regular S.A. (Mains) Subdivision No. 92 W#34 (Water Laterat) SW #48-B (Sewer Lateral) Lot 1, Btbck 3, Parcel 1�0, Regutar S.A. (Mai.ns) Worrel's Addition W #34 (Water Laterat) sw #48-s (Sewer Lateral) Outlot 2, Parcel 250, Worrel's Addition Division of Parcel Approved Lot 1, Block 1., Amber Oaks Addition Lot 2, 81ock'1, Amber Oaks Addition Lot 3, Block 1, Amber 0aks' Addition � Lot 4, Biock 1, Amber Oaks Addifion Lot 5, Block 1, Amber Oaks Addition Lot 6, Block 1, Amber Oaks Addi ti on Regular S.A. (Mains) Fund Regular S.A. (Mains) Sb/ #4�3-B (Sewar Lateral ) W #34 (Water Lateral) Regular S.A. (Mains) SW #48-B (Sewer Lateral) W #34 (biater Laterat ) Regular S.A. (Mains} SW #48-B (Sewer Lateral) W #34 (4tater Lateral ) Regular S.A, (Mains� SW #48-6 (Sewer Lateral) W ,#3� (Water. Lateral) Regular S.A. (Mains) SW #48-B (Sewer Laterat) W #34 (�later Laterat ) Regular S.A. (Mains) SW #48-8 (Sewer Lateral) W #34 (Water Lateral) Oriqinal_Amount $ 757•85 1,426.75 2,531.75 $ . 83•90 499.36 $99•75 $ 916.57 7,115•93 Ori�inat Amount $ 87.91 544.68 305.72 $ 96.71 537.89 301.90 $ 96.71 537.89 3ot.90 $ 96.71 537.89 301.90 S 9d.71 537.89 301.90 $ 105.50 537.89 301.90 /�) .: _� " '74. Page 2- A R�SOLUTION AUTHORIZIPdG AND DIRECTING THE SPLITTING OF SPECII�L ASSESSMENTS ON PARCEL 320, AUUITOR'S SUSDIVISION t30. 92, AND PARC�LS 150 AND 250, WORREL'S ADDITION, AND REPLATTING I+VTO APiBER -0AKS ADOITION _ _ Lot 7, Block 1, Amber Oa!<s Regular S.A. (Mains) $ 105.50 Addition � SW #4II-B (Sewer Laterat) 197•37 W #3�+ (!�later Lateral } 110.8g Lot 8, Block 1, Amber Oaks Regular S.A. (Mains) $ 96.71 . Addition Lot 9, Block 1, Amber Oaks Addition ' Lot 10, Block 1, Amber Oaks Addition Lot 11, Block 1, Amber Oaks Addi ti on Lot 12, Btock 1, Amber Oaks Addition Lot 13, Block 1, Amber Oaks Addition Lot 14, Block t, Amber 0aks Addition Lot 15, Block 1, Amber Oaks Addition Lot 16, Block 1, Amber Oaks Addition Lot i7, Blvck 1, Amber Oaks Addition Regular S.A. (Mains) Regular S.A. (Mains) Regutar S.A. (Mains) Regular S.A. (Mains) Regular S.A. (Mains) Regular S.A. (Mains) Regutar S.A. (Mains) Regujar S.A. (Mains) Regular S.A. (Mains) $ 96•71 $ 96.71 $ 96.71 $ $7.91 $ 87 •�91 $ 10$.50 $ 10$.50 $ 105.50 $ 114.29 Lot 1$, Btock 1, Amber Oaks Regutar S.A. (M��ains) $ 7g.12 Addition - ' �--���.93 — ADOPTED BY THE CTTY COUNCIL 0� 7HE CITY OF FRIDLEY THIS �`1 DAY OF '' , 1969. . � MAYOR Jack 0. Kirkham ATTEST: , CITY CLERK Marvin C. Brunse�t 1 `�ti) �1 ' ;' _ � ' I , � �J �J 0 ERICKSON PETROLEUM CORPORATION 4567 WEST 78TH STREET MINNEAPOLIS, MINNESOTA 55431 December 17,1969 City Of Fridley � 6431 University Avenue .I�� Fridley, ;:tinnesota Attention: City Council Ref: Conversation regaraing installation of class r''�5 road bei►�,eera . 57th Place and 57th Avenue, adjacent to �ountry Kitchen restaurant and the closing of the existing connection bet;•�een 57th Place and 57th Avenue. This is a formal request to the City of Fridley to maintain the above roadsray on class '`5 material until next spring ai which time we �vill complete the curb and guti;er work plus the asphalt wearing coarse. LNe tvould abandon the existing cross over street ancl use the class �#5 road exclusively. In addition� we reGffirm the intent to dedicate this new� street to the City of rridley. S i e - .��� .� � . Lynda 1 e Terr�i na 1 Fee 0►�mer 1 171 L;; �:s e:;ri� e Fridley, i�:�n::.sc:��� ;;421 i�ece;_.cer 21, 1;6y hcncr��ie J�.cl: G. I:irtik_a�� P;:aycr, Cit� e° F-riul ey k'ridt ey Civ9_c Cvnter E�i;1 Lniv�rs:.ttr �"�venue, Tt.E. Fricile;�, I-�nnese�a „�.21 Dear I�:��.� cr F:irl:k�a.r�;: This �.rill arii�cunce �-� resi€n�- �ion frer.; the Fridle�~ �'G.rl: �.nci Reereation Cc7:�.*�ission ef'fec�ive iece�,'oer j1, 1�?09. It ha_s been n:y �,leusure io be �:sscciated :�:ith tilis 6od�� aver 4t�.e p��.s�, z"zve ,�ears� �nd I lee�ve �:i'`�.. Z�ixed e.r:otions t'.BCcUSe ef ti;� L"!ctYlj' �T"_BYIQSrlia G'S%t�,.blished C�UY'I.Y?� '`�'::15 ��°Y'lOd• Pest-e:�ishes fer ti�e r_e��: year. c c : �i . �._�l; rt�:�: • ,.� �,. �'�. ���� a�.ricl. �-. L:ro��;n i 1 Very trul3> v�ours, r'" " i'i;oi�_��s D. Coci�.r�n R'%��' _v2�'p-F�... P f a._ C L A I M S General: #20152 through #20360 Liquor: #4017 through #4056 � �I MULTIPLE DWELLING LICENSE TO BE APPROVED BY COUNCIL January 5, 1970 September 1, 1969 to September 1, 1970 NAME ADDRESS UNITS FEE John E. Kassulker Rt. 2, Box 124, 6530 - 2nd St. N. E. 4 10.00 Onarnia, Minnesota a � �t II 1� !� �i �----- ' � � � �� � I• LIST OF CONTRACTOR'S LICENSES TO BE APPROVED BY COUNCIL AT THE MEETING OF JANUARY 5, 1970 � GAS SERVICES APPROVED BY Comfort Heating & A/C 2531 Ma.rshall Street N.E. Minneapolis, Minnesota By: Raymond Fris Plbg. Insp. Clarence E. Nelson Htg. & A/C Box 390, Route #4 Osseo, Minnesota By: Clarence E. Nelson Plbg. Insp. William Ridler Plbg. & Htg. 310 West 33rd Street Minneapolis, Minnesota GENERAL CONTRACTOR Burns/Fallon Contractors 780-lOth Street N.W. New Brighton, Minnesota United Construction Co. 4517 Minnetonka Boulevard Minneapolis, Minnesota HEATING Comfort Heating & A/C 2531 Marshall Stree� N.E. Minneapolis, Minnesota Clarence E. Nelson Htg. & A/C Box 390, Route �k4 Osseo, Minnesota William Ridler Plbg. & Htg. 310 West 33rd Street Minneapolis, Minnesota MASONRY Olson Concrete Company 5010 Hillsboro Avenue North New Hope, Minnesota SIGN ERECTION Brede Signs 2211 Broadway Avenue N.E. Minneapolis, Minnesota By: William F. Ridler By; Dennis P. Burns By: Vincent Rockler By: Raymond Fris By: Clarence E. Nelson By: William F. Ridler By: Bennie 0. Olson By: Jim Bratlund Plbg. Insp. Bldg. Insp. Bldg. Insp. Plbg. Insp. Plbg. Inap. Plbg. Insp. Bldg. Insp. Bldg. Insp. SIGN ERECTION (CONT) Meyers Sign Service, Inc. 6416 Highway ��7 Minneapolis, Minnesota Schubert Outdoor Adv. Co. 2508 East 25th Street Minneapolis, Minnesota Naegele Outdoor Adv. Co. of �ain Cities 1700 West 78th Street Minneapolis, Minnesota SERVICE STATION PDQ _. 6071 University Avenue N.E. Fridley, Minnesota CIGA.RETTE " PDQ 6071 University Avenue N.E. Fridley, Minnesota 0 By: Arthur G. Meyers By: Lawrence H. Schubert By; Myron E. Ohland By: Charles West � By: Charles West Page 2 : APPROVED BY B1dg. Insp. Bldg. Insp. Sldg. Insp. Bldg. Insp, & � Fire Insp. Chief of Police � C7Q � ' � � , F R I D L E Y 1 A Y C E E S ! �� 8 O X 0 0 7, F R I D L E Y, M I N N E S 0 T A, 5 5 4 2 1 ,,3cc��ni�r w��•, lU��� �-Ton�ra�le ���yor :;? ;;U°r of' trG Ci.`„ �:ouncil City of' F'rilley= Fr�dley, j: irr.esota he: Annual Jaycee C4�ristmas �1'ree :=urnin�. �r.i A Y; t 1 G'.il °_� il • � '1'he rridley Jaycess request the _�ernission of' t_�e l%ity Council to conduct t he annu� l C hr ist.:nas � 1' r g e M:� r n i n� a n d rick-up rroject. , The burnin� �nd pick up is tent�tively set for January lU, 1y70. 1'he Ja�cees will nat p�ck u� trees on each street as in the past, but will set u� designated pick up points. e 'i�h�ae tY�irteen (131 points are on park property and have been 9918Ct9�1 with the co-flperation of rnr. raul Prown, Yarks and necreation llirsctor. Also the ��:rr_ing location at west , ;v�oore Lake near the Junior 'r'i�h :;cY:ool wae au��ea�s:� by Mr. Brown, for your conslderation. 'I'he Jaycees will work with the F'ire Department to receive trle necesaery burnin� permita and to comply with fire safety rec�uirements. ' ':Ne hope this plan meets �aith your approval. ��tie thank the Council, Fire ilepart:n�nt and �'arks end ttecr�ation � Depart:nent in a�vance for support on this project. Ver;� trul� ycurs, ' � �.,�.�.� � " xichard �. Harju " Ch�irman ' � - -- ESTIMATES TO BE APPROVED BY COUNCIL AT T}lE MEEiTING OF JANUARY 5, 1970 Keys Well Drilling Company 413 North Lexington Parkway St. Paul, Minnesota 55104 PARTIAL Estimate #2 for work completed and construction of Water Improvement Project #95, Schedule A-1 according to contract PARTIAL Estimate #2 for work completed and construction of Water Improvement Project #95, Schedule A-2 and A-3 according to contract �„----- -�----� � � =±�6+ �� $11,141.10 $14,156.55 � # � � �� t �.. 1 � `�.-� � t ` a City of Fridley, Minnesota Office of the Building Inspector TOPIC: MONTHLY REPORT 1�0 THE CITY MANAGER DECEI�ER 1969 TYPE OF CONSTRUCTION NUb'IBER OF PERMITS ISSUEA 1969 1968 THIS YEAR LAST YEAR DECII�ER DECF.NIBER TO DATE ^TO IaATE Residential 1 6 104 167 Residential Garages 5 2 121 105 Alterations & Additions 6 7 132 123 Multiple Dwellings 0 4 5 10 C oaanerc ia 1 1 3 17 15 Industrial 1 0 16 9 Municipal , n 0 1 2 Churches & Schools u 0 1 0 Hospitals 0 0 1 0 Signs 3 6 40 33 Moving & Wrecking 0 0 13 2 17 28 451 466 OTHERS � Heating 15 17 281 303 Plumbing 10 9 261 300 Electrical 19 37 495 546 44 63 1,037 1,149 ESTIMATED VALUATIONS OF BUILDING PERMITS ISSUED ' Residential $ 25,000 $ 137,600 $ 2,427,250 $ 3,626,700 Residential Garages 14,135 3,500 249,402 176,659 Alt.erations & Additions 15,650 68,050 581,786 584,022 Multiple Dwellings 0 975,000 2,060,000 1,407,000 ' Commexcial 35,000 155,000 1,156,500 2,531,860 Industrial 65,000 0 5,626,000 1,685,700 Municipal 0 0 11,413 615,000 ' Churchea & Schools 0 0 800,000 0 Hospitals 0 0 500,000 0 Signs 5,250 1,875 34,008 32,695 � Moving 0 0 7,200 700 $160,G35 $1,341,025 $13,453,559 $10,660,336 ' s i � TYPE Blacktopping Excavating Gas General Heating House Moving Masonry Oil Heating P las te�'�ng Roofing Signs Well Drilling PERMIT NI7MBERS #10,515-�k10,531 ��8017-��8035 ��4636-�64650 �k5059-��5068 NUNIBER OF LICENSES CURRENTLY IN EFFECT AN D LICENSE FEES COLLECTED TO DATE NUMBER FEES COLLECTED 9 $ 135 22 330 37 555 ' 112 2,800 50 750 2 30 28 420 6 90 6 90 2 30 17 425 0 0 291 $5,655 PERMIT FEES 1969 1968 THIS YEAR LAST YEAR Typg DECENIBER DECII✓..:';sR TO UATE TO DATE ______._ BUILDING $ 611.00 $1,178 $27,014.00 $45,401 ELECTRICAL 343.30 1,231 15,783.20 12,802 HEATING 3,579.25 297 15,384.25 16,842 PLUMBING 3,270.00 176 12,100.50 10,191 SIGNS 112.75 120 985.75 1,091 $7,916.30 $3,002 �$71,267.70 � $86,327