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12/21/1970 - 5816� , � ' � � 3UEL MERCER - COUNCIL SECY. 1 COUNCIL MEETING AGENDA 7:30 P.M. DECEMBER 21, 1970 , � , ' � � C� , REGULAR CITY COUNCIL MEETING AGENDA - DECEMBER 21, 1970 - 7;30 P. M.' PLEDGE OF ALLEGIANCE: INVOCATION: ROLL CALL• APPROVAL OF MINUTES: Regular Council Meeting, December 7, 1970 ADOPTION OF AGENDA• VISITORS• e (Consideration of Items Not on Agenda - 15 Minutes) OLD BUSINESS; 1. Consideration of the Second Reading of an Ordinance for Rezoning Request ZOA ��69-11 and Special Use Permit Request SP ��69-01, By Burlington Northern Page s 1 - 7 r . , COb�1ENTS: Revised railroad petition form and language has been supplied to the City Council at their horie addressed with the changes underlined, � REGULA,R COUNCIL MEETING, DECEMBER 21, 1970 ' � OLD BUSINESS Continued Z. Report from �ity Attorney Regarding Regul«,.ion of Snowmobiles NEW BUSINESS: 3. Receiving the Minutes of the Planning Commission Meeting of December 9, 1970 4. Receiving the Minutes of the Board of Appeals Meeting of December 15, .1970 5. Receiving the Minutes of the Building Standards - Design Control Meeting of December 17, 1970 PA6E 2 Pa�as 8 - 17 Pages 18 - 26 � Pages 27 - 30 , Pages 31 & 32 � ., REGULAR COUNCIL MEETING, DECEMBER 21, 1970 NEW BUSINESS (Continued) � 6. Award of Pae?:age Property and Casualty Ins rance Bids 7. Consideration of Joint Powers Agreement to Establish North Suburban Sewer Service Board $. Consideration of Memo From City Manager Regarding Sewer Rates 9. Consideration of City Employee and Equipment Use Policy ' . PAGE 3 Pag�s 33 - 35 Pages 36 - 44 Page 45 � Pages 46 - 48 - - . . ., REGULAR COUNCIL MEETING, DECENIBER 21, 1970 � NEW BUSINESS {Continued) � I0. Resolution T:?�ansferring Budget Appropriat�.ons Within the General Fund 11. Vote on League Proposal on State Guarantee of Local Bond Issues and Vote on League Proposal on Short-Term Financing .. 12. Discussion Regarding Cost of Traffic Signal at T.H. ��47 and County Road 132 (85th Avenue N.W.) PAGE 4 Pag� 49 Pages 50 - 52 � Pages 53 & 54 • .� 13. Report on Acciuisition of Easements for Stcrm Sewer East of Central Near Hackmann Avenue • Pages 55 - 57 �CONIhiEIdTS: The �letters in the agenda outline the conditions of acauisitioii of the easements along with recommendation of authorization of payments to the two property oj��ners for these easements.� - � � ' ■ REGULAR COUNCIL MEETING, DECEMBER 21, 1970 . NEW BUSINESS (Continued) 14. Consideratic=z of the Sale of Five Feet of �;ity property and Trading of Additional Property - Jay Park Area , . PAGE S Pa�es 58 - 60 15. Resolution Requesting Release of Certain Right of Way Along Pa es 61 T.H. ��47. East Service Road Near 61st Avenue and 57th Avenue g ' 64 Oi�I��ENTS: This release is needed to get some of the ri acquired in exchange from the adjacent properties for loop�backs at 61st and 57th Avenue.� 16. Resolution Ordering preliminary Report for Street� Improvement Pa e 65 Project ST. 1971-3, Addendum ��1 g �CObfI�1ENTS: This resolution authorizes .. the report for the as di cussed at the previous Council meeting such as, threeanges signals and some connecting service roads � � 0 � ' ' ' ' I ' � REGULAR COUNCIL MEETING, DECEMBER 21, 1970 NEW BUSINESS (Continued) � , . PAGE 6 17. Resolution T;eceiving the Preliminary Repc t and Ordering Pa es 66 - 69 The Public Hearing for Street Improvement Project ST. 1971-3, � Addendum ��1 (East River Road Safety and Road Improvements) �COMNIENTS: This resolution aut}iorizes the chariges in the project. A1so, you will find in the agenda the notice of hearing sent to the other property owners concerned with the East River Road Improvement� � � is: Resolution Requesting Additional Hook-Ups to North Surburban ' Sanitary Sewer District Line, Totino's ���C01�11�IENT: We are trying to investigate alternate arrangements oti�er then a hook-up to the NSSSD line but we want this -�- resolution pas;ed if other arrangements cannot be worked _ out by Monday J ' - 19. Resolution Providing for the Appointment of the Finance Director as Assistant City Manager and Prescribing his Duties 0 20. Appointments; Fire Department Volunteers Pa$e 70 Page 71 � E REGULAR COUNCIL MEETING, DECEMBER Z1, 1970 NEW BUSINESS (Continued) 21. Claims 22. Licenses 23. Estimates 24. Authoriza.tion of Advertisement for Bids - Electronic Accounting Machine ADJOURN; � NOTE: Does the City Council wish to let the City Employees off at Noon on December 24th and December 31st? � PAGE 7 Pag� 72 Page 73 Pages 74 & 75 I Pages 76 - 79 � 0 ' � ' ' ' n T� MINUTES OF T� �GUy� C�NCIL MEETING pg — - �C��. �, 1970 pLEDGE OF AI,I,EGIANCE: �1e �yor lead the Council and the audience in Bsyin � to the Flaq. 9 e Pledge ot �leqiance IIV�O�TION: ' Reverend Be,rqren ► Rec�eamer Lutheran Church oifored the Invocation. ROLL C1►LL: ' �ER9 P�ENT:- Sheridan. Kirkhaan. Liebl. �ri�, �r�i �� `'���'� None � der ' �Yor KirJcham called the Re4u.lar Cour�,�il M�etin st 7i50 p,M_ . q of Deceiqher 7. 1970 to crder >,._--- OF MINU'��c - - --•••••• ur� noVF,iKgER 16 1970: I� by Cour�cisman Breider to of Novembez. 16. 1970 �d adopt the 1►linutes og voice vote Presented. Seconded b �e Re�l� CO��iy l�ieeti , all voting aye, Mayor Kirkh Y Conncilman Shirid�. Up�n a� �animously, am $eClared the motion carried �1DQPTIOId OF AGF,NDA: �yor Kirkham said that tiiere were a nvmber of items •to a �• Consideraticn of Sewer problem � a8 f011ows; 29A_ AppO1n�ent of Ser �St of Central Near 29B •��n�aent to ge�t in the police De Ha��Q°� Avenue Licenses: �lic Worls� Union A ��ent �d - Gerald Eich gre�ent - Heatingf Mork &• ��neral Contractor� Ideal Sheet Metal Inc., General Contractor�.s�ciates, General Contractor; L.W, S Estima�tes; Add �elson, - Partial Estimate �l for Paxk Conatructiott � Project #P-10. Co�nunications: � E O°��Y for Ghurch. - �tter.from Social Action Coesittee , St. Williaais MO'I'ION by Councilman Sheri Councilman greider. � tO adopt tho Aqenda ae declared UPon a wice vote, aI1 votinq a�nded. Saconded by �e motion carried unanim�usly. Y ' �Y°r �irkham VISITpgs; • Left Turn Sianal on 6 The Cit ----� ••�snue: Y Enqineer said that this has been re HIghway Depart�ent re �Nested gr� in when Peatedly. He has been advised �e MinneSOta �he w°rk on the loopback is done. �at �e si to deactivate the si nal TheY feel that it would belll go 9 twice. Mayor Kirkh�p said that it wo �Proper }��,d depend on the REGULAR COUNCIL MEETING OF DECEMBER 7. 1970 , PAGE 2 , artip�ent scheduls. The City Enqineer said that there has to Minnesota Highway Dep The be some riqht of way acquired, and there are d���tg$uliyethe�nr�ject will docwnents have not been received back fro�r► then►• Hope be let next year. Flag Ordinance: Mr. Labock, 6231 Tri.nity Drive N-E•► said that he would like to request that the discussion on the Flag Ordinance be poatponed until later in the meetinq as there is an attorney for the Minnesota Civil Liberties Union that will be present later. Mayor K�rkham said that when the Council coa�►es to that item, they will bypass it for the time being. ----'�........ i nnr �kG0�7 1 1 Al� Sp '�'I%w Councilnnan Harris e�cp lained th�t the Council policy has been that the secand reading of an Ordinance must be within 6 montha of the first reading. n this case, there has been more t1'►an Sla e°in�Item Mn seemshto conform withirst readinq again. He said that the langu 5 what was discussed earl�e•industrialtlotsCthe �are beinqdmadefava lablIe�. with the plat caveri g W�11 �,�W up �e ginal draft of the agreement. He said that the City Attorney Mr, Thompson of Burlington Northern said that this would be fine, and there did not seem to be any problem. Councilman Harris felt that the wordage of the agreen►ent should include sdne dollar fiqure for the cost of raiainq the l�vel of the tracks 3' such as the $6e�because�oaftthe w ges�tlzatswould be�at that figure would be subject to chang ect is put off. It ahould paid. The amount will increase the longer the proj be done within a certain amount of time. Councilman H�'�e Cit �t�e$ of the cost for the raisinq of the tracks will be borne by Y County. He said that he.would hate to se� the City share of the cost came to $160,000 rather than the $60,000. Normally the City lets bids themselves so the City would have the cost laid out. Mr. Thompson said that a dollar figure could be added. There will be an increase in wages attached to it. Counci�lman Breider felt f rtinstancea aefivesyear perioderaCouncilatan Harris anticipated costs over, would said that it may be 3- 4 years before it is done. In 3- 4 years, �ey not be dealing with the same people possibly. Councilman Harris said that the esti:mati� wast$130 OOOgthenfit was$raised to The City Engineer said that origlna y the $145,000. Mr. ThcxnPson said that the total cost of the shoo fly and raising the tracks would bo about $215,000. Councilman Harris said that there should be addedc� ing �t��is aq eementk land a� it may be different people that would be rY He suggested also adding Item #u stating that the petitioner will agree to siqn all supporting documents. The City Attorney can prepa►�e this. Councilman Harris said that thereti�his would�beutaken Care�of inathe plat ing. dedicated. Mr• Thon►Pson said tha Mr. Thompson suggested that in Item #m, the word "such" be added and �ame forward to point out to tl}e Ci.ty Attorney where it should be inserted. ' �I ' ' ' ' I� � , ' ' � � � ' , , I'::� �._ __ ' , ' ' � � � . ., , ' ' REGULA.R COUNCIL MEETING OF DECEMgER 7, 1970 PAGE 3 Councilman Sheridan said that the agreement would be revised before the second reading of the Ordinance in two weeks, Wi� the chanq�s as outlined in the rough dragt and sugqested this evening. M�'I'ION by Councilman Sheridan to approve the Ordinance on first readinq and waive the reading, and grant the special use permit, and instruct that the agreement be drawn up for the second readinq on December 21, 1970. Seconded bY �°un�ilman Harris. Councilman Liebl said that this would.qive Burlin ton Nor and special use permit, but they would still havegto coaie b�ore �eeC��gl in regard to the layout of the aonstruction of the bridge and unc3erpass. He urged working with the City so that the City cannot be hurt by the proposed development. He said thank you for the 300' depth industrial lots that a�.e being made available aa that would add tax.dollars.to the City of Fridley. This will make it possible to bring in some incA�striml development. Councilman Harris said that the.publicatiott of the Ordinance would be held until all the documents are signed. He asked if it would be poasible to prepare them enouqh;in ad��ce of the next Council Meeting so that they would be in the Council Aqenda to give.the Council time to review thea, Thompson said that he would work with the Cit �' of the aqreement, and the City Attorney said tha�t itlw uldlbe readyefor thet Meeting of December 21, 1970 for the second reading of the rezo,uinq Ordinance. THE VOTE upon the motion being a roll call vote, Breider, Sheridan, Kir]cham� Liebl and Harris voting aye, Alayar Kirkh�n declared the metion ��ried unani.mously . CONSIDERATION OF SEWER PxQBr.FM �T p,F CENT$AL NF.}1R FiACiQ�A1�TN AVENUE ; Councilman Sheridan explained that these people with the Faxo}�le� og sewer backup have talked to him, and they have been ver � y patient with their proble�. The City Engineer said that this overall plan has been discussed before with the City Council, to solve the problem of the sewer backing up for these people in this general area. The overall plan was to divert the flow from this area into the system to the north. He then showed a shaded map of the area and said that the total program could be subdivided and the w�ork done in steps. There are three areas needin ° Central is lower than Haclanann and there spnoteenough alltforathenservice lines of these houses into the City sewer. He said that he was One for immediate relief for these people. With a hea pr�p°sinq Step thaw, they have sewage backing up into their basements� Then or the spring designed. Because of the fluid state of the N.S.S.S.D. and thepMetropolitan Sewer Board take-over the work was delayed. However, he felt that at least the first stage should be caapleted for these because of the limited fall peOp1a• The une qets full was to ► then backs up into the haaes. His recaa�aendation proceed through the three stages one at a time, starting with the most pressinq, There is an existing contract, and if the Council desirea, thfs first step could be added by Change Order. Mayor Kirkham felt that whatever can be done to help these people should be done. The City Engineer said that the City cannpt wa�.t too lon t other steps completed as this would cause g° get �e to the north is an 8" line. After subdividinglthe distxict,asoane•of theelax.ea � PAGE 4 REGUI,AR COUNCIL P�ETiNG OF DECEMBER 7, 1�70 will have to be drainin9 to �e south. He said that he talked to the contractor and he would be wi2ling to hav� Staqe On� added to�the �xistinq contract. Stage Two shauld be done next sprinq. ��OZ �rkl� as�d if that in that the streets will have to be dug up. there would be problems before Stage Two is campleted. The City Engineer said that this would depend on the amount of rain. The ground has to be thawed before the work can be done. He pointed out that the third stage is the a�st costly. Cauncilman Sherid� SBid that the t�ird stage would have to be canpleted before the east sida�of Central aiong Rice Creek R�oad can be developed. The City Enqineer said that there were two ways of handlinq the third stage.of the project; either be force main and lift stations or qravity. The Acting City M�auaQer asked if he anticipated any problems over the winter. The City Engineer said th,ere �+ould probably be probleaia with tPie ePring thaw, Mr . 3ohn Swansou, . 5835 C�ntral. l�ivss�e N. E., sa�,d th��- the re,side�ts in his area have been patient for abait 15 years. He said that he i�d ta�.ked to the people in the area about the plans Eor getting re].iei. He said on occa�ion, he has had to plug his laundiy tubs and �un a b�a�rd to ti�e csiling to aP9�ly pressure to keep the sewasle fra�m baeking .up. Sane p�ople i�avs had ths sewaqe running down their driveways �raan the qa�'aqe�• He said that he has a manhole in his back yard, and has had his yard torn up. Hs saiS that he was sure without the impro�►�nent they would have trouble in the spring. He said that he would appreciate anythi�►g that �e City cauld c�o to alleviate.the situation. CounciLnan Sheridan said .that .the fnunediate .work proposed and Stage Zb►o would be a p�rmaaent improvement, xather thaxi tempormry and would not be abandbned when Stage Three is put in. He agreed that the�first stage shoul3 be added to'the present contract. The City Engineer said that he hoped that the con- tractor is still willing to do the work, as the frost is going deeper and deeper into the ground. Councilman Harris asked if the homes to the south of Mr. Johnson had any problems• The City Engineer said that this is ta;cen care of and further south there is no problem. � � ' , , ' , ' , , � , Councilman Sheridan said that the ConsuTting Engineer and the City Engineer have surveyed and talked about individual lift stations. This would cost ' about the same, but there would be the maintenance problem. The City Engineer said that he estimated that Step �ao would be about $10,000 , depenentgcould beasa ed.�fHelthought it would be about $�OOOdfornboth.�e pavem MOTION by Councilman Sheridan to implement Staqe Qne and ordex Stage Two in ' the 1971 construation season. Seconded by Councilman Harris. ThQ City Engineer said that they would need the cooperation of the people for ' the acquisition of right of ways etc. The deeper the,frost goes, the more coatly the project will be. Councilman Lieb1 asked if this v�tas assessable. . Councilman Harris said that Stage One and T'wo are maintenancQ and Stage Three ' would be a main and come from the general utility fund. THE VOTE, being a voice vote► all voting aye, Mayor ICirkham declared the motion carried unanimously. ' MOTION by Councilman Liebl to authorize Change Order #1 for Water and Sewer Project #100. Seconded by Co�}�Ci]man Sheridan. Upon a voice vote, all voting ' aye, Mayor Kirkham declared the motion carried unanimously. � ' REGULAR COUNCIL MEETING OF DECEMBER 7, 1970 ' �wrnvxlGE �LAYOR . AT SKYWppD MAI,L : ZNTO The Actinq City Manaqer ssid that thi�s wa�.the ' except that it is about .10� higher. It is a two� yearelea$e$ �eviously 1 �°�unC#lman Harris said that he woui��-likQ to..ase stricken all of the secmnd ' paragr3ph under Article Qne atter "--- --within the l�ase te�sn." MOTION by Councllm� Harris to suthorize I�yo= ��� ��e �ting Ci ' Manager to execute the lease and deiete that portion of the � Seconded by Councilman g�eid�r. Upon a voic� vote,. a� �o����eaph. Kirkham declared the motion carried unanimously. 9 Y. Mayor ' CONSIDiER11TZp[d qF UEST F08_.SPECI�►I,. IJSE pE 1 (O�NAN TEB.II�["_i�l nv rnc��T,...-, .... _ I�IT... �SP .#70-�8) �� *��r �..- P1�1GE 5 The City Enqineer �aid that the Natice that was �sent to the ownere appears in the Agenda. He the�n ehowed the area on .the�oar�;�a�B p�rty jector. With the existinq zoninq thsre could ba a total of 56 uuit,�. He is proposing to build 50 units on the g-3 portion, and 1e8ve landscaping and rerxeati,canal use. He ha�e agreed to: give .t��e�� ��t°r would run along the west side. CounciLnan Liebl askedvif hQ_�till aqreed to the aix residential hoaies facing Onondaqa Street. Councilman Lieb1 said that he wou]„d like to aeQ theeresidenti,alhhou�e� built sintultaneously with the multiple dvaellinq. The easement is shown on the Proposed final plat that is up for approval.tonight. With.the easement � there would be accass to ttse qaraqe on Lot 28, dces the gentleman get to his The 4uestion waa raised haw trespasses on the land to the eastge He�suqqestedtthatgtheeeasem n�� he increased to 35'. There is still enough ramaining widt.h for the residential lots to be of minimum width. 1`�'• George Hanson asked if Mr. Nelson would be building the hcme8, �,. �orge Nelson said that he was not a.builder, but rather a developer. He �rould contract the work out or sell the lots. He said that the buildinq of the hea�e� could be concurrent with the building of the multiple dwelling. Mr, Hanaon au that Mr. Nelson buy the south half of Lot 31 a��that would give him a S��eted A�'cel. He also suggested that the residential iots be increased to 300' depth. Mr, Nelson said that he wanted a devel of the capmunity and to do as Mr. Hanson su �ent compatible �►ith the rest gqested would be movinq backwards Mayor Kirkham comnnerited that when.the last.plan Mr. Nelson presented was turned down. the Council invited Mr. Nelson to try another plan and.come back to the Council With it. �'• Haason felt that the resic�ential lots ahould be biqqer than the 125' Planned• T'he City Engineer said that he had discussed this with Mr, Nelson and advised him to plat the residential lots into 150' rather than 125'. This is bigger than what the zoning ordinance requires. The 150' lot� w�ould better conform to the neiqhborhood. The setback could thett be increased for better conformation with the adjacent lots. He said that he was.sure that there would be no objection from Mr, Nelson, if the plat is approved. REGUI�►R COUNCIL MEETING OE' DEGEI�ER 7, 1970 pAGE 6 Councilman Harris asked haw manY unita the..origiaal plan called far. Mr. Nelson said oriqinally it was for 99 units, then 6 lots �+ere added pn Ononda!9�►� and the rs q u est was for 76 units. No�w the reqnest ia da�m to 50 units, all to be in the R-3_portion. As to aaakinq the residential lots 150', he sa i d. he would be willing to do this. Caunaila+an Harris asked if he planned to retain awnership and ltr. Nelson replied that he did. .Mr. Hanaoa asked if the plan excluded parkinq -on the noarth porti.on and M�c. Nelson � said ye�, that will . just be for �ecreatiwaal.uss and l.andsaaping. Mr. Hanson asked that the area n�t to the existing hon►es .to tiie west be landscapsd. to keep the use farther grom the homea in existance.now. Councilms�r� Harris said that the final plaaa have not been drawn as yet• If this ia pssaed, he would have to ��o�e baak with the�PhY�ical constxuction plans. Thia is not the.only time this plan vrill be viewed by the Council. Councilanan Breider saiQ that 'the.Caunail 2�s conaidered plan� ior this land twice before. The first time-ther� were 99 uu�ta rtit� plai►s g°r �tion. on the R-1 portion, then there were 76 units pith parking on the R-1 por This was.£elt to bs too.qreat a densi�y• He felt that it�would be rather difficult to develop the residential�lots into 3�0 fest �ots. Thm present reqt�est wit� the larrdscaping on the R�1 portion wcynld act as a good buffer. The sa►semsnt that wauld be given would also qive acvess to the qaraqe cn Lot 28. He felt that this plan may take same of the pr���nse�a %t Flannery Park. He gelt that this was a good o�verall plaa. He suqq there be a privacy fence put up. CounciLnan Lieb1 said that the.Council has besa avsr this many times. Ae said Thank You to Mr. Nelson..for his-pati�nce.- 99 unita dam � 5� ��ldinqs ia a big imp�ovement• xo.said that he did nat want to see apart,�se on R-1, and in this plan there is not. Mr. Nelaon.asked where the cetback would fall for the residential heaes on pnondaqs. TI�e.City Enqineer said.normally it i� 3S' by the Codm, but as the lota are gein4 to be increased to 150', the aetback could be i e=e�e Ntbacks 55' or 60'.. -Councila►an.Sheridan �aid that hQ,may Want to etagg to conforsa-with tba bui.ldirngs on the oast and west. After some discussion it was agreed that the set�ack should be 60' at the west and step donvs in 5' increments going east until 35' is reached. Thi� wauld be filed �rith the plat as.a covenant• It wae also pointed out that there would be a variance requi�ed fraa 39 units to 50 unite. • MOTION by Councilman Harris to approve the final plat, Onan Terrace requested by Mr.�Georqe Nelson and graat the special use p�smit specifyinq that the density must not exceed 50 units, that the setback for the six residential lots will be 60' on the westerly lot and step down by 5 feet goinq�e�ii�l�e until�35 feet is reached, the lots are to be 150 feet in depth, �aryanee. Seconded by Counail�►an Bneider �vith the additior�s a►s folla�vs, with the aqre�aaent of Counoil�an Harris. That a builc�inq permit be isaued for s residential lot siaultaneously with the buildinq permit for the apartaaent housej that there be a priva►cy'fence provic3ed; and that all the parking and building be on the R-3 portion and facing 73rd Avenue. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously. RECESS: Mayor Kirkham declar�d� a re,ce�s fr� 9 s 30 to 9: 50 P.M . , , , ' ' ' ' ' , � , , , ' � ' ' � ' ' ' REGULAR COUNCIL MEETING OF DECEMBER 7, 1970 PAGE 7 CONSIDERATION OF RE UEST FOi2 RE-AppRpVd�,T, �F p�L I�p�E ADDITION: The City Engineer explained that this plat was approved in 1968. He is now ready to file the plat and needs re-approval as the pl�t mus� be filed within 90 days of the approval. The approval would be su�ject to sane easements. There is a 10' right of way needed aloang ���t �ti�r�r I�oad, but that will still leave the lots of adequate size. Counc�Lnan I,ieb1 asked if Riverview Terrace lines up correctly. The City Enqineer said that it did. a 50' riqht of way. He then showed the Council th� plat at the:Cou�ncil table. MOTION by Counci Laan Harris to approve the final plat of A1 Rose Addition, subject to the right of way and easement� as requested by the City Engineer. The motion was seconded and upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously. STATUS REPORT FO� THE &ICE C1�� DgM �vn uRFT�tn T..,,.,,......._ . . - ---- — w v a'u9Giv 1 ' The City Engineer said that he has observed the physical condition of•the dam and took some pictures wYaich he presented to �he Council. The dam is a box culvert under the old Anoka - Cuyuna Railroad tracks that is being used as a dam• There are some cracks within the walls of the dam and some of the beatns are exposed. T�exe is serious damaqe on the eas� and West side winq walls. On the down stream side the sides are eaten away. On the up stream side there are cracks in the wing walls. He propo�ed a three ste a First where the deficiencies were noted, the cracks could be sealed tem��� 3O �� further dainage is dotte. Secondly nex� summex the�� would. �°r�lly rejuvenating done on the structure, The m�n�� �rk should b� one to be soaoe fall to eliininate further deterioration. xe usea3 visual aids on the over ead projector to present the plans for the camplete rejuvenation. The dam has a present capacity of about 250 C.F.S. as it is being used. The capacity under University Avenue to about 1200 C.F.S. The flow wi3.l be constantly increasinq, even now there is a danger of flash floods. The people should be made aware that there must be a solution to the problem. In synopsis, he said that first there must be inanediate temporary repair. Secondly there should be some work done toward maintenance and reju�enation of the structure, and thirdly, the capacity should be expanded to take care of the future flow estimates. The rejuvenation work necessary would cost in the neighborhood of $5,000 to fill in the cracks and repair the damage so that it does not deteriorate further. To increase the capacity of the dam under the firat proposal, the cost w�ould be in the neighborhood of about $55,000 to go into the lake and provide additional. capacity. The second proposal would be about $15,000 to open the side of the dam and provide additional overflow crest areas. There has to be good control over ithe dam so the water does not run over the dam. Councilman Breider asked how the control would be, by gates? The City Enqineer said that there would be a gate at the bottom of the dam that could be opened or closed. This would control the flow and allow the sediment to be washed out. Councilman Breider asked if there was any Federal funding available. T'he City Engineer said that it is possible, there would be a lot of paper work,involved. He said that he would explore the possi.bility of getting State and Federal funding. Councilmari Breider asked if there was a projected date for the dam improvement project. The City Engineer said that this would depend on the Rice Creek Watershed formation. The areas to the east will be developed as time goes by. He said that the dam should be carefully operated and the gates should be watched more closely to eliminate the possibility of washing out. REGULAR COUNCIL MFrETING OF DECEMSER 7, 1970 , PAGE 8 ' A member of the audience said_that the_paople have been controlling the level of the water. The City Engineer said that he ains�.t '�hetv sitorvaskedwhat be lowered mvre than it has been during heavy about East River R1°Tailroad traaksnhaveea capacitytof closevtot1200eG.FaSt River Rpad and the • and are designed for a 100 year f lood. . Counci]man Harris said that not onlY muct tha Council consider Locke Lake but also all of Rice Creek it�elf. The area back of the d�n would collect aediment and it would drop r�ght belaw the upstreana side of the dan►n �� �iaethatf the wat�r wauld be back against the winq wall. The City g obvi�sly-the cheaper plan co�ting $15,000 does have sane ProJ�lems attached to it. He said tl�at the Council should start thiiakin4 ab�ut what should be done eventually. Mayor Ki�sham said that he would like to put off any exten�ive pl�ns. Rice Creek Association will-be becoming laEnginees said thatvthe�rePair worklshould more people participatinq. Z'1ze City be done before next spring. A visitor to the meeting asked if the Council would.ag�ee �t �couldle�ve continue to control the level. Ti�e City �ngineer said that they �e this to the people to operate with closez cooper�►tion witt3 �e �cke La1ce visitor said that he could start circul�ting a papex among people. The people will continus to maintain the level �� �on of �e City for help if ne�ded: The City Ex�gin�e� saicl tha�t the coope residents is needed. , � MOTION by Councilman Harris to instruct the City Enqineer to proceed with the immediate temporary repair of Locke Lake Dam� and to Set a Public hearinq for February to apprise the people of the situation. Seconded by Councilman Brsider. Upon a voice vote, all voting aye, MaYor Kirkhau► declared the motion carried unanimously. ' RtecTnu RFGARDING REVISED SAEETY 71DtD. ROAD• I1�IPROV�.DdENTS: QF. YiN�ra+��rv�. ____— ST. 1971-3: The City Engineer said that the imProvemwn�s �e �� ��o c��a �e p ople improvement of East Ri.ver Rc�ad• Safety showed sane concern over the-location of the signale. The general concensus of the people in the area was that they wanted an additional signal to be provided in the overall i.unproveme�nna'aftersthat hetattended atRc>ad and Bridge District #14 since the hearing, Hi hwa s. He showed a map on the screen Committee Meeting of the Anoka County g Y 8�1 i$ for two and pointed out where the signals are proposed. Now the propo LaMaur and signals instead of one. There is one provided �esent school crossing is. Downing Box, and one at 61st Avenue where the�pd one at Riversedge Way to the There is a service road hooking onto 59�5 Way signals. This maY tt►ean t1�e taking of one home. There is a pedestrian walkway connecting Riverview Terrace to Rivers�dge Way, so the school children will walk a�ong the back streets to ��o�i og��is plan u less heeCou�ncil He said that he is now asking for app has some objection. Then there will have to be another informal public hearing to apprise the people of the change in plans. ' � ' ' � ' ❑ ' ❑ ' r ' 1 ' REGULAR COUNCIL MEETING OF DECF.I��R 7, 1970 PAGE 9 Councilman Harris said that there was nc question in his mind that this is a ' better plan. He thouqht that thia i�s what thsg had in mind oriqinally. Thia would minimize the w�zk neceasary especially an tiie east side. He thouqht that this plan was most acceptabie. , ' ' ' ' ' , � � Mr. Dick Harris asked if there were qoing to be sidewalks on Rivexyiew Terrace. The City Engineer said that the school children.would have to welk in the street. There is a low volume.of traffic. Then there wotald be s Wa�- way put in tp tie Riverview Terrace to l�vexs�dqe i+lay.to the soath. He pointed out that there.is r�ot enouqh right of way alonq Riverview Terrace to put in sidewalks and the volwp►e of foot traffic will not be that qreat. Iy�. iiarris'asked if it would be blacktop, The CitY Enqineer said that he h it would be concrete sidewalks. Mr, garris said that he felt that �S�da�at better plan. The City Enqineer wanted to takirlg one hame that was not taken t,,,ith the�pr v ous plan�iC ur��y�l mean Sheridari said that this plan means takinq a..lot le� total acxeaqe. Councilman Haxris said tt�at there was also a lot less road to construct. The City Enqineer said :�t this.plan is presented as a c.omprc�mi�e, �he County will have to hold another public hearinq because of the chanqe in plans. He ,uqgested a caqbined hearing with the County January llth. He added that this plan ie the result of a�ny meetipqe. The County has.not officiallp accepted this plan. MOTION by CounciLaan Haxris to.approve ths plan a� presented Dscember 7, 1970 and set the.Public Hearinq for �anuary 11, 1971, and instruct that the notices be sent out to.the people� Seconded.by Cmuncilman Sheridan.. Upon a voice Xo�,e, all vQting ays, May.ox Kirkhaip declared ths mo�i.on carried.unanimouslp, RECEIVIDTG THE MINU.TES OF THE. PLANNING CQM�QIgglp� M� I�G QF, NOVEMBER 18 1970: AND RECEIVING COMMUA1ICpTION FR�OAQ FIVE SANDS , RE (JEg�I�G. THE . COUNCIL TO TASLE CONSIDERATION OF THEIR PRpppgED pRFyuyINARy pyAZ,: The City Enqineer said that tiie planninq Commission considered three ftems. � The first item, Five Sands plat, has been withdrawn by the applicant, so the action would be to receive the letter. ' �� MOTION by Councilman Liebl to receive the commaiunication.from Five Sanda withdrawing their request for action on their preliminary plat dated �: November 24, 1970. Seconded by Couriailman gxeider. Upon a voice vote,all voting aye, Ddayoz Kirkham declared the motion carried unaniitiously. The City Engineer said that the other two items are atill being considered by the Planning Co�anission. MOTION by CounciLuvi Breider to receive the Minutes of the Planninq Commission Meeting of November 18, 1970. Seconded by CouacilmaA Liebl. Upon a voice vote, all votinq aye, Mayor Kirkham declared the motion carried unAnimously. RECEIVING THE MINUTES OF THE BUILDING STAND�►RDg.- DES=GN (;pDJTRpL MEETING pF' DECEMBER 3, 1970• REGULAR COUNCIL MEETING OF DECEIriBER 7, 1970 ' PAGE 10 ' 1. � COI3SIDERATION OF A UEST TO CODiSTRUCT Abi ADDZTION TO THE BJCISTIDiG UNITY HOSPITAL TO BE LOCATED .AT 550 OSBORNE R��IlD 1�RTDLE7� I"uNNESO'PA TH$ LF�1►L DESCRZPTION IN THE BUILDING INSPTCTION OF!'iCSB. (�E EST BY WITCHER ---..........,,,.,��,,.. .w�nauv _ d�A SECOND AVENU�` SOUTH i MINNEAi'OLIS � MINNESOTA � S5401): The City Engineer said that this request is for an addition to Uaitiy Ho�pital. He then showed the plans at the Council t�ble, and thQre was sase discug�ion while looking at the-plann. HQ said that there �re same pz'oblem�a ��� ����� sepier and drai:naqe. There is also sane Concern� about ttie lar�scaping � parking, This would=be the second st:age• The first stage is a new ��didl ot and afl addition to the boiler roan. MY'• Richard Harris said that they have the plans for the second stage as yet. CounciLnan Breider said that there was a hig sand Pile and next sprinq it Mtill be blowing about. He said that it shonld be watered to keep the dust darm. Councilman Harris asked how �ah ��i�ona].. parkin�J ��o��u� Har�'i�esaidty Engineer said that there wauld be plenty•of par 9• to vrork that the building wo�ld coeae close tc� Lyric Lan�. He suggested tryinq aut t�ke traffic pattern so that the txaffic would be ��in9�e should have to � RAad rather than Lyric Lan� . I�e did not think t�t LI*r � in the bear additional traffic. Mayox Kirkham �aid that the plan� shaw Parkimg baek as on�y employee parkiaq. i'he Cit� �ngine�r said that they are expanding fram 150 bed to 500 beds. He then.showed an elevatioa of the buildinq. He saic��that he could see no problems witi� the.building, his only concern Mould be on the landscaping and parkinq. MOTION by �ouncilman Sheridan to concur with the•Euilding Standards - Design Control Subcommittee. Seconded bg Cauncilman Bx'e3der_t�ith �e ��oicetvote, he wanted to see that the sand is prevented from blowinq. Upon a�l vot�r►c� aye, Mayor Kirkhatu declared the :aotion carried unanimously. 2. CONSIDERAT�ION OF A- RE�UE� FOR A 'POWNHOUSE D�VEIAPI�I ;,pq►S, THE SAME BEING 595i BY NEf� CONCEPTS RESEARCii MINNESOTA 554i9): TO.. Ai�P�VE : Ti�iE CO�IC�BT. �E A PAEL T To a� �.ocn��n :o� i,ar� 3 u�n a, ANNA pNEBiUE , N. E'. -. " 1rRIDI.'EY , MINNES �,on � a11 rrN�VERSITY A�iIIdLJE N. E. ' ' �J The City Engineer said that the Building Standards - Design Control approved the concept for a townhouse development. He said that it i$ located just north of the Georgetown apaz'tments and showed-the location on the screen. T'he proposal is to build 56 townhouses in this area. It is properly zoned R-3 and they meet the zoning requirements. There is a sing3e access and evexy unit would have a fence and a small yard. He then showed the elevation. They are three level units, the kitchen and living roaan is on the main floor with bedroams on the upper leve3. and each unit has their awn basement. There could be a bedroom in the basen►ent although�it would be only partly finished.ittH�heeCity that this would provide an 8dditional choice in the.t?Pe oi� u�o p@rhaps put of Fridley. There are parking spaces in the center, and P in garages eventually. Councilman Harris asked haw manY pax'king spaces. The City F�qineer said 131. Councilman Breider asked if they would be sold to indinidual awners• T'�e City Engineer said tshat th�y could �e so2d, but would be under joint maintenance. , , , , ' � ' r �� � � ' ' ' ' ' ' ' � ' �� � - ' REGULAR COUNCIL MEETING OF DECF.MSER 7, 1970 PAGE 11 Each renter could have the option to buy. Thera would havs to ��,a�ai,ntenance agreement. Mr• Emil�Novak said that at first thsi�x p�l�n � go� m�gh risa but they were not able to get the tinancing, so they chanqed tiieir concapt to townlicuses. It is under F.H.A. financing. There is soaae fiexibilitp in that they ca,n be bought. Councilman Harris questioned how � tca�sai�ou�� Cauld be to the garages or parkin s ��ht in respect g paces. Would thqy be �esign�d? How do you guar,antee a parkinq space?..:1!dr. Novak said that the qaragQS would fill under the maintanance aqreement... He addQd that thep have no�Plans to sell th� caaples. He said that they would be ia the nature of:foyrplexeq �xcept that ther� w�ou2d be no one living up or do�rn frow them, Eac1i unit would have a�eparate antrance. Councilman Harris asked what size the units were. Mr. Hoffineyer said they w�ould be 1563 squ�xe feet. ° Councilman Liebl asked how much was the investment per unit. Mr. A7ovak said about $20,000 per unit. The rent would be about $275 and each uuit would be co�pletely self contained. Councilman Liebl asked Idr. Richard Hmxris (BUildinq Board) why garages wsre not requested. This wouZd be a heavily popula�ted area and would be a burden on the roads. Mr. Richard Harri� said that they only requested approval.of the concept. This was needed foa financing purposes,. Qraqes were not mentioned. He ad,ded that the City Engineer waa at the ideetinq and he specifically asked him if there.wouid be any pxabiem with the traffic and the City Engineer did not feel th,at there would be nny more thau was txpected� for this parcel, Mr. Hoffineyer said that the units would front on 1Jdnnna Avenue and would have Charles-Street for exit. Counci].man Liebl said that the Council h�as , a],�nra s..r throught that other tawn housss have �a y ��ed garages. He was a develo g �a •� 1'�' • Hof fineyer said, that there pment like this in New Brighton. He added that they have a financial proqram and t.hey have to stay within certain limits for F.H.A. financing. He said that he was not sure whether garages wvuld be feasible at this point. Counci]man Liebl asked if ,they cGmply with the B.H.A. criteria or are they higher. Mr. Hoffineyer said that thQy have more qreen area t.han is required, aud the ingress has been made wider. ii�e pointed out that they were only askinq for concept approval. Councilman Harris feit that the access road should be wider than 26 feet. There is no place to turn around without backinq up. Mr. Hoffineyer said that the first floor and the u�stairs would be finished but ' he was not sure if they would iinish the lower.area. This could be made into a den, extra bedroom etc. He said that.the livinq ro�m would be 12' X 17' and the main bedroom would be 12' X 17'. There would be a 9�' X 10' eatinq area and an 8 square foot kitchen. Couneilman Harris said that they would have to have � stairs both up and down within the unit. Mr. Hoffineyer said that there would be 440 square feet on the first floor without the stairs. He pointed out that in � a rambler type haae there has to be a corridor. They just have a staizway rather than a corridor. Councilman Harxis asked if the 18' X 27' were outside ' � measurements. Mr. Hoffineyer said that they were inside measurements. Mr. Novak said that if they can finish the basements they will, but he was not sure at this point. He said that.they.wanted to d,o.this project right. Council,yian Harris asked what if the Council felt that.th�e lower �evel should be finished. Mr. Hoffineyer said that it could be done. There has to be a gEGULAR COUNCIL MEETING OF DECEMSER 7, 1970 PAiGE 12 balau►ce between ths' coat and the rental. ��i�1�likerthis�al�ayor ICirlcha�°Cept has mesit, and that the City does not � have aayti►incJ- �. �• Ho���r 8�d that qu,eationed i! they could oell a unit withcut a garaQ there is a possibility of.qa�ca9es at a later date. i!e poin�ted out that this plan takes full advantage of the riner as the buildinqs are on a different level. He said tha�k,if it can be done witl'�in their budget, thay will eonatxuct garaqes. The�c+E would have to be . 56. Counci].man Breider• said that he did �aot �ee haw you could dole--out parki.ag spaces vt�.� �e s�le ot s unit. Counciia��n Ha►r=is said that it would hnve to be-�as� �$ conveyance !or a parking stall and a garage. 1�. Novak.eaid th,at aesuiai.ng there were�garaqes. the balanae of the park,inq area wou�d be ca�maunity asea and �uld� ac�se under �he maintenance ac s aqreemsn't. Barki�g spaces eould be assiqnsd.' Z'he City Attorney said noxmally if they arQ sold there would be formed a a�naRJe�ent cooperation. and thsy r+ould have a rotatinq caaraittee. This committee wou�ld then have chargQ of snaw removal etc., and �ntrol o� a].l can�nos� a�ceas. Tha a+a�aittQe could aesign a parkinq space like an easement • This is beinq' d�one �+here there- is eon�non oPe� space. ,n examPle ia P�ntan,ana 'there is a ca�etnlly worked out green a►rea. Councilman Harris asked why not put in attached qarnqes for sach unit. Mr�i� Hoffiney�er said that this would:take a-g°°a deal of �pace , rnoica so tiu►n Pu thesn in the center. He said that there was a 1D' qrean strip throu9h t.t�e center. The land slopes to�ward the river and he wanted to utiliae this slope. He added that the 56 units is four les� thari allowed. He said tha�uf� �et 8finish the parking nemded. it oould be �ranqdd. He eaid that they baseaaents. On a flat terraa:n this plan would uot be an inte�esting project, but he felt thst the s1ePe wauld.make,it.much n►ore attractive. CounciLn�n Bref.der queationed if the . thi�cd .basement bedrooai was f�ni�hed of f, would it still be within the -Ordinanae? . Coi�ncilmsn iia�ris• _said ;ths� he �iked the concept. He pointed out that with a separate entrance to o�.le$e�students �ld open up pro�lemg such as leasing out the third bedrooa► 5 running a small business fran there etc. CounciLaan Liebl said that if , at this time ►�� C��1 apPr°'v�d �e °��pt' he said he was qoinq to.be rough in.regax'd to the plans mnd speaifiaations. He felt that the Plaus should include-gaxaQes• Hs wan�d h�Jb 9�'lity con- struction. He , said tha►t. he could s�ee the probl� i�nlserent in this plsn as Councilman H,arris- pointed out_ He said thmt tiiey �►Y �ed their buf�:d ng code nu�aber of ,unit� to gst tt�e gara5es.. The City hes upda within the last few ywa�s fo� imP�'o�gd etxuctus�s•Within the �ity of Fridley. MOTION by Counci].man Harria to approve the concept ghawn tonight, and coam�n�� ' that concept approval does not necessarily impiy that the Council will app the plan as presented tonight. Seaonded by Councilman Liebl. Upan a�yi��e vote, Sheridan, Liebl, Harris, and Breid�� votinq aye, Kirkh�m voting nay, Kirkham declared the motion carried. ° Mr. Hoffineyer said that he wanted to emphasize that-he was not sure as yet what they will do in regard to the basement and gara9ea. his $t�►tements this evening are only what they will txy to do. Counoilman Ha��is said that the Council has oifered no gua�antee -that 'the Plax►' will be -appraved. Councilsaan Iiaxris suggested that tha City Abtorney.].00k over the Ordinance to see if there shouaddbe@i �e�°endmeAh$$°floors above�a d belaR+e S�tage on the graund floar for � � ' � � ' , ' �� , ' ' � , � REGULAR COUNCIL MEETING OF DECEMBER 7, 1970 ' ' ' ' � PAGE 13 3• C�NSIDERATIODI QF A RE EST . TO CONSTRUCT A. D�yTI�IE. ACTIVITITS CEDiTER TO SE LOCATED ON I,OTS 19, 20, AND 21,. B7,OCK 3� Oi�iC GIipVE ADDITiON THE SAME BEZNG. 663.3 ARTHUR STREET. �D�Y. �=�5�, (� EST BY AI�iQj(A CpUNTy, ANOKA CWNTY COURT HOUSE ANOIU► MI�tNESO'�A)..s The City Enqineer said th$t tt�is requeat is fox a,.day_Gatre center.requested by ��a County. It is e�st o,f i�rthur Street n�ar itice Creek.School. It will look like a house and has � double qara,ge witlz a pavsd driveway. MOTIOI� by Councilmsn Hu.ris_to concur with the.Building Standards - Design Control subcommittee aad grant Approv�l. Second�d_by Counci]mau shexidan. Upon a voice vote, all voting aye, Mayor Ki,rkham d�clared thQ motion carried unanuaously. ' MOTION by CounciLnau Liebl to.waive the,qaner�l.c txuction Secoruied by Councilaisn .Harris. Upon a �roice vots�ll votinq sy, �yor� K�rkham declared the motion carried unaniraously, RECEIV:[NG THE MIN�ES OF THE PARICS AND -RECgE,p�TIpN CplSMISSION D�EETIIi�G pg NOVF.MBE.R; 23, 1970• The Acting City Manager said that the donat�.o�.of Lots 1-5, B1ock Z, Riverview Heiqhts py Mr. R�obert Jaeger has.run into $ Fridley Jaycees. The Acting City Manaqer said thatHhe and the Dir�tortof� �e Parks and Recreation have been �rking on � policy for the use of City employees workipq on tournaments etc. AS to ttie�oak wilt disease, the City Attorney ,is lookiAg aver:the Ordinance on Dutch Elaa di�ease to.see i� it can ba azt►ended to include oak wilt, MOTION by Councilman.Harris to receive the Minutes of the Parks.and Recreation Coaanission Meeting of November 23,.1970. Seconded by Councilman Breider. Mr. Ric:haxd Harris said that if oak wilt is to be handled like the Dutch Elm diseased trees, there will be the same problem with burning or disposinq of the trees. Ccuncilman Harris said that there would have to be a special permit ,qiven. Mr, Dick Harris wondered if..thare was.anyone qualified in the City to recognize oak wilt. Tbe 7�cting City blanaqer �8id t.hat saiapl�a of Dutch Elm diaease have been sent isito the University for analysis. Mr. Harris asked if they charge a fee and the 7lcting City Manager said yes. Mayor Kirkham �ommented that he felt that the City of Fridley had the best weed control in the Metropolitan area. THE VOTE; upon the motion, beinq a voice vote, all votinq aye, Mayor Kirkham declarec� the motion carried unanimously. RECEIVING REPORT FROM CITY ATTORNEY ON FLAG ORDINANCE: Mayor Kirkham read a letter aloud received from the City Attorney dated December 7, 1970. It included a sugqestion for amending the Ordinance by inserting the following pa�aqraph in place of ths one presently in affect: �� No person shall display or carry any flaq, banner, ensign or sy�qbols of any qovernment, state, country or political Porce with.which the United States of American:.is enqaged in an armed conflict with the intent to cause a breach of peace." REGULAR COUNCIL MEETING OF DECEMBER 7� 1970 PAGE 14 Mayor Kirkhaan said that h� would a���e v�i� �:�� �������'������ �g the Cit� Attorney. If the ��raci� a���� �i��� ����� � �' ����e� ����� ����nq of the Ordinance. Thia revi�ion inclucies the ��dage conceming the brea,ch of the peace. He felt that this was the original intent. Councilman.Hazris said that he felt that the action o! the Couaail in qetting a writt�en recamnendation bY.the City Attorney was the correct thing to do• MOTION by Councilman .Harris to ado�d�'rderApub3icaton���o�ed by Cour►cil- as suqqested by the City Attorney man Sheridan. Councilman Lieb1 said tha.t.�he_Cvuncil haa not had ti�s opportunity to study this. The City Attorney includad aase� that have g�e t�nit ito stcd rthi� this is pages long. He said he would appr�ciate an opl� Y before action. He said_that it seemed thnt th¢ re�aoading took the urican- stitutionalit� out of the Ordir�a�ce. CounciTman Harris said that the Cfty Attarney .haa prepared a x�port 13 Pa9es long and Co�ancil�e►a►u Liebl is eorrect in askinq for further studY• He sgid that he must respeet t�e g�ounds uP� whi�h CounciLnan Li.sbl voted - aq�tinst tlie Ordi�ance at t� Lvo� prior reaclings . Mr. John Hessler, Volunteer Attorney.for the �imesota Civil %iberties Union, wa►s present and said that.he was asked by the MCI.0 to c� g��t �e�hea�rt of s p e a� j c o n t h e O r dinana�. He �ai.d- that the° �ity AttozneY the problems concerninq-the uuconstitutionaiitg of t he O r dinan c e. a n d s e e m s t o have solved_thia unwieldy sQ�t of.the OrdinancQ... He said that he thought that the Council should giv� aoQte thou4ht to whetlaer this Ordinance is really necessary. Z'his.legislativo bo�Y ��la try t'° avoid langnage of questionable conatitutionality, and try nat to push too hard. Ariot.her factor in conaidering this Ordinance is just .wi�o they are � trying to protect and wkkat is it t�ying to , accampli�sh? As amended-it $ea�S °lg� �t y°u are txyi'ng t°�preveat a breach af the peace. He questioned if this Ordinanee is really neceseary then. Z'hers are aiready �tatutes conoeiminq the brea�h � eacourace �triotisml�butre adequate. It app�'8 �t � Council ie tayin9 g� patriotism cannot be legislated, �u:t encouraged• i�e said that he suspected that there may be txouble if this legisTation is passed• Patriotiem ie not aus�eptable to legislative generation,,and the City ia asking for trouble. Is the goal, to squelch obnvxious expressions? He said that they�a °bedansk themselyes if this is really the goal• To flY a viet Cong flag Y otmaxious expression, but it is atill a view that people could hold. This country is not so delicate that it need fear conflicting views. He said that the Council must no� let the emotion of the day allow them to sv�reeP away freedom of expression. A final factor would be the cost of upholding this Ordinance, and the City may be biting off more than it can chew. Is it possible to really identify intent? Who are we in armed conflict with? Cases may go.to the Minnesota Supreme Court of the U.S. Supreme Court. The City would have to gpend moneY on legal fees ta defend their etatute. Teislghintolt, was ill advised. He felt that this Ordinance would attract younq p� this area just to test it in court, and that it wou]d be challenged. Hehing questioned again is this Ordinance really necess�►ry and is it doing anyt more than what could now be�ecomhl�io fendersrcouldebesprosecuted for a flag is taken dawn from a flag p trespassing. � , � . ' ' ' . , , � � .� , , ' , � 1 � �U� COUNCIL MEETING OF DECEMgER 7,.1970 P1►GE 15 � MdY�' Kirkham said that the Council did not need the Minne�ota.Civil Liberties Union to suggest any of thase to if it is necessa �eStians. T�sy ha�e already been raisedo �S r'Y. he thou9ht it was. Tiae O�din�aa�� is g�r��� �� avoid a similar type of incident that ha ' the Ordinance would make the �,,,ork�of thenpo i�e��P��ent easier and the bet�ter. enforce the law. �'• He felt that intent was a breach of �et �ld be unlawful to fly a Viet Conq flag �f �eould were v �ac�. He $aid that the City Att�e�!s ��ents � �'Y 90� and he appreciated them, This Ordinance does exactly what he would,like to.�a@,done i,n Fridley,.; � ' C� ' ' ' ' ' Counci,lman Breider said that he must a ree with Civil Liberties Union, g j'�'• HeSSler of . the I�linriesota He felt that the present laws can be enforced if there was an incident. .He wou].d not like to ses a disturbance created to the extent of a breach of the pQace. Considering the p o�$ i b l e cos t, he said that he wou sti l l h a v e to vote no. l d The City Attorney said that the prdinance still contains the phra�e conflict, but it would have to be about armed breach of the proven that tber@ w$S intent to cause a peac�. It would be all�,rab�,� to ,flp a. Viet Cong fl�q for peaoeful purposes. Under the original phrasing it would be s.violation to use for peaceful purposes such as a class diecuasion in school. Liebl asked if �e City Attorne.y felt that b ��ncilman Police Departmer�t would that he y g1��9 �his statute to our �°i�le untent on causin �' �r �ist in maki,nq it . easier for. them to qet did not know, Originally heragreed with� p��� ��ty Attorney.sai.ci that he passed by the majority of the Council so ic�aS�e t beider, b�t the p,ti.���ce something that would stand up and thi,s ia what he t,r3,ed . to� �t �ey ~�ted this memarandum y,� prep�,ed. He felt �°id�• ThiB is why it enough so that it would be constitutitonal�� his pini�tit �lad �ange .upheld in court. Counci].man Breider felt � ao3nplicated Ordinance. �t �is was creati�g $ �g breach of the peace.. If�yor Kirkham said that thi� more closely definea a it was objected to, it wou debe�a breachlofwthe c���ng a Viet Cong flnq and wondered if it was the responsibility of the Councileto define a breach�of the peace. What �.,ould constitute a breach of t h e t h e p e a c e cou l d be enforc.ed under existin l�� c e? . He felt that a breach of Counciln�,n greider and Liebl are trying so hard.t Mfind ea ons for�no� why on this Ordinance. Why not defend patriotic pecpie rather �Saing elements. Councilma,r� gre.i.dez said that he flies the America�fia e unsavory object if s�eone took it down but he would prosecute under the exi� �uld Councilman Harris said that this City has been a leader �ong �e c�� laws. °ther areas such as air pollution and weed control. It is easy to Eaultlthis in comn►unity for com�nq up With Sc�ethir�,q new. He felt that Fridley should not let this chance go by just because our nei like it. He felt that Fridley should t��r�eid not have anything on the books take a back seat. There is a chance that it will�belchallengede butp �d not has been challenged before. He said that he had no misgivings if theyrshou d be challenged. The City Attorney has advised the Council that they have a better thari 50 - 50 chance of being upheld. UPON A ROI,I, C,�it,L VOTE, Harris, Sheridan, Kirkham and Liebl votinq aye, Breider votinq nay, Mayor Kirkham declared the motion carried. gEGpI,plt COUNCIL MEETING OF DECE�MBER 7� 19�0 ' PAGE 16 ' Councilman Liebl said that he wanted to point-out that no member cf the Council asked Mr. Labock or Mr. Hessler to appear. and they came of their ownfv��lition. He said that he fe.lt, that Persons should be allowed to carry a flaq peaceful reasons, Su� � fOisaor��ance1isuworkable assamendedtan�at�it stands for. He felt that th is acceptable. Councilman Harris said Thank You to Mr. Labock and 1"Ir• Hessler for their interest and appearing before the Cauncil. COMMITTEE SURVEY tcr.�. �v�,..� ..,,---- -- CounciLnan Harris questioned who makes-th+a 7udgme� ts on what the questionnaire really m�eans.. 1�layor Kirkham said �H�risgsaid that it wauld ta)c�nsane timeito doirlq the intexpre��g • CO�c��'� ick judgment made on theiz look into this questionnaire, and there cannot be a� scholorships survey report. Councilman Sheridan said that Item #4 concerninq is not saaething that the Council could get into- t the member's of the Hun►�n Relations Comcaittee should Mr . Ji�n Thomson sai,.tl '� �ey ��t � motivate people to take some take some, position ,in the com�nunity. active roll and make People awa�e cf ttie need. The cainorities would also include economic minorities. H�S�adl�ing ofgthe possibl�e fields of activity- listed in any priority, it is ] gelations are consic�ezing He explained that these are things that the Hva��R going into. Councilman Sheridan at e$eef hat appro hutoluseuandrestablisht• 1�ic , �homson said yes , �eY wanted soute priorities . .. Councilman Breider said that he attended a Human &elations Meeting alonq with Councilman Harris. He would be very much in favor a a conti.nued program by the guman Relations Com�nittee. Councilman Harrie said �o e�t�values when minorities move into�an area)rcould the fear of decreasing pr P y or it could becOme a very hot emotional.issue a�d should be handled careus�lbY trying to hinder the community. There could be an increase in fear, j remove it. Mr. Thon►son said that through Item f2�ePs�ject dawhatlitlencompasses)to bring about greater understanding o they hoped to see if.they could not build some sort of a theme to work on. Councilman Liebl said that when reading the 14 questions there seems to be a lot of hypocrisy and some of the answers are a para►dox. Mr. Thomson said that there did seem to be some contradictions• He agreed that it was not the most�ey perfect survey, but they did feel that they had soan�thing to develop. wanted to find out what sort of areas to try to contribute to the comtnunity. Counciiman Liebl asked if he felt that they shouid be more progressive in the cc�cnmunity and Mr. Thomaon said yes . MOTION by Councilm�n Harris to receive the Human ��urnOto the�Council fory atatistics and recommendations �any praject.�Seconded by Councilman Liebl. Council review before launching Upon a voice vote, all voting aye, MaYor Kirkham declared the motion carried unanimously. a � � � , � ' ' ' � � , � � � �U� CO(JNCIL MEETING QF DECSMg,ER 7, 1974 FOR � P71iGE 17 1�DTION � by Counci.lipan Liebl to , recai+v�e the gublis Hea],th . Sanitari;a,n activity -- ' repor� for the thisd quarter of 1970. 8ecor�ded a voice vote, there being no na s Ma �� �' �ncilman ShQS.ida�. Ugon unanimously. y' y �r�� declared the motion carried ' CONSIDERATION OF APPROVAL OF P3i0►7ECT �P�10: � � � � ' �� ' P�RK. STORbi SEWER M�TIO1� by CounciLpari 3heridan to approve the Change Order #1 for Meadowlands Park Storm Sewer Project �p_],p. Seconded by Cc�un�i�lmar� Liebl. vote, all voting aye, Mayor Kix.]cha� declarQd .t�e mo�t�,on UP°h $ voioe - �arri,�d unauimoualy. �,an�,�tt7L1iATIE$I OF ACC�P' IN HEATHER HILL PLAT: s� M�TI�N bY Cbuncilman Harris to aocept the utilitiea s�ubject to filinq a main+tenance bond or money in ea�rcyw for the at,reet wnstruction. Seconded by CounaiLnan Sheridari. Upon a voice vote a],l voti declared-the motion�oarried�unanimously. � � BYe• Mayrn Kirkham NNO. 19-3.9�n _ THAT , — - ----•� � �cvu�.nn•rr:D : MOTION by Councilsnaral Breider to receive Peti�tian No. 19-1970. Seconded by Councilman Liebl. Upon a voice vote, all votinq aye� �yor �r�� d��,� the uwtion carried unanimously. Councilman Sheridan said that generall years or older. In this case there were�so,m�schildren $i�iition are 21 Holm, 7424 Melody Drive N.E. said that 5.children si ned the�. �' william said that it was important for the Council.to. g Petition. He is. 80� o� the p PProaahed signed �e r�ize how stronq this petition peo 1e a petition. Maycr Kirkha� said that it is a question whether the Cit the State Statutes. �, y� adopt a.strongar ordinance according to Holm said that they were not peraiitted in Minneapolis, so there must be some way. At present the priviledqe is being.badly abused. Mayor Kirkham said that previ�sly the regulations.were more strinqent, but they.had to be loosened be�ause of the State Statutes. The City Attorney said that he would research �dinneapolis' Ordinance and make a report. Mr, FioLp felt that snowmobiles should be limited to going on the streets only for going to arld froan open spaces, They become a nui,�ance and a safety hazard. He said he was concerned about the eafety of the sno�wmabile drivers al�o. CounciLnan Harris said that 'he secogniaod that there was more and more opposition to the operation of r�n this petition must realize that a substantfa� l�bamolunt of �e City ia accepting sn°wm°bi�,eB on �e City s�reets. There should be sas�e control to eliminate the safety hazard. Counci Lnan Breider sugqe�ted gettinq.some coaiments fraaa the snowmobile organizations. The City Attorney said that the legality.of_the existing legislation should be reviewed. PAGE 18 REGULAR COUNCIL MEETING OF DECEMBER 7, 1970 Councilman Harris asked Mr• Holm for suggestions. Mr•.Holm said that it seemed to him there could be an Ordinance established that would be workable. Something should be done to correct the problem. He was looking for something that the Police Department can control. Councilman Harris said that if the driver is under 14 there is now control. Councilman Liebl said that there may be something done in the next Legislative session. Mr• Holm said that there was a long winter ahead �ith a lot of problems unless there is sane control. Councilman Harris said that he also found the noise objectionable. If they are restricted from using snowmobiestednthat theretCouldebeWa110bMPii�lin►ithtouhelp e yards.� The City Attorney sugg with the safety factor. MOTION by Councilman Liebl to:instruct the Citg Attorney to look into Ordinances of dther communities. Seconded by Oouncilman Harris. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion.car�ied unanimouslY- VISITOR: BURLINGTON NORTHERN: A visitor to the Meeting said that he missed the.Meeting when the discussion with the Burlington Northern Railroad was he1d. He said that he was an employee of the railroad and has seen the maintenance of �e Y�'�'isldone for Minneapolis the yards are rampant with rats and little if anyth g control. iie felt that if Burlington Northern will be locating in Fridley, there should be some sort of maintenance to prevent th�s from happening in Fridley. He did not want to see a health hazard moving into the City of Fridley. The City Attorney said that the City has a very ambitious H�alth 5anitarian and he would follow up on any problems of this nature. Counci]man Harris said Thank You to the gentleman anstionsdto offercalHetfeltathat th stwas alvalid Manager if he had other sugg question raised. CONSIDERATION OF PAYMENT TO MOUNDSVIEW FOR WATERLINFs CONNECTION FOR EMERGENCY PURPOSES AS PER AGREEMENT: � MOTION by Councilman Sheridan to approve payment to Moundsview�for the waterline connection for emergency purposes in the amount of $851.58. Seconded by Councilman Liebl. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously. RESOLUTION #216-1970 - A RESOL•UTION RE UESTING MINNESOTA HZ6HWAY DEPARTMENT FOR APPROVA►� OF DETACHMENT OF T.H. #47 SERVICE ROADS AT 61ST AVENUE AND 57TH AVENUE AS AN ADVANCED T.O.P.I.C.S. PROJECT: MOTION by Councilman Liebl to adopt Resolution #216-1970. Seconded by Council- man Harris. Upon a voice vote, all ayes, Mayor Kirkham declared the motion carried unanirnously. RESOLUTION #217-1970 - A RESOLUTION REGB,RDING THE HOLDING OF CERTAIN TAX FORFEIT IATS FOR CITY PURPOSES: MOTION by Councilman Sheridan to adopt Resolution #217-1970. Seconded by Councilman Harris. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously. � , �� r , � � � � , � � , REGU I.AR COUNCIL MEETING OF DECEMBER 7, 1970 � � PAGE 19 RESOLUTIOAi #218-1970 - A RESOLUTZON AUT130RIZIDiG APPLICATION FOR REILygURSIINENT FUND3 FOR 1969 FIAOD: MOTION by Councilman Harris to adopt Resolution #218-I970. Seconded by Councilman SYa�ridaaam id�oa� a voice vote, all voting a�ye, Mayor Kirkbam declaxed .t}ie motion-_ ��ried unanimously. RESOLITFIODT #219-1970 - A aESOLLITION OADEBING. P�EI.II�lINJ�X PL�NS, SPECIFICATIONS ' AND ESTIMATES OF �'HE (�pSTS THEREOF : STREET TMp�JyEMENT PgpJECT ST . 1970-3 ADDEND[JM # 1 ( S IbEW�,Idcg ) ; � MOTIO�i by Councilman Liebl to adopt Resolution �►219-1970. Seconded by Counailman Sheridan. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously. � � � � x�;5c7�LUTION �220-1970 - A RESp7�fJTIpN .REC�gy.��G � P�y����Y ��, �D CALLING A PUBLIC HEARING ON THE MATTER OF THE CONSTRiJCTIpiDi pg CERT}1IpJ IMPROVEMENTS : STREET I1KpF�VEMENT PRLh7ECT ST, 1970�3 ADD�1Di�i �= SZbE'i�D,I,RS : MOTION by Cauncilman Harris to adopt Resolution �220-1�70. Seconded by Counci:Lnari Liebl. Upon a voice vote, all votinq aye� Mayor Ki.rkham declared the motion carried unanimously. $1 221-1970 - A RESOLt7TION S OF THE COSTS THEREOF: PLAnTS . 1971- MO�ION by Counci].man LiebZ to adopt_Resolution #221-1970. S�ec�ded by � CounciLnan Sheridan. Upon a voice vote, all votinq aye, Mayor Kirkham declar�d the motion carried unanimously. RESOLU�'ION #222-1970 - A RESOLUTION RECEIVING THE PRELZMIDiARy REppRT AND � CALLING A PUBLIC HEARIDiG ON THE MATTER_ OF TiiE _ CODiSTRUGTIp1J OF . CERTAIN II�AOVE- MENTS: STREET IMplbpyEMENT PROJECT ST. 1971 -(ADDENDUiy #1): � MOTION by Councilman Liebl to adopt Resolution #222-1970. Seconded by Councilman Sheridan, Upon a voice vote, all voting aye, Dlayor Kirkham declared the motion carried unanimously, � ' � � � � RESOLUTION #223-1970 - A RESOLUTION CERTIFyING CHAR�GES TO THE COUDTTY AUDITOR TO BE LFVIED AGAINST . CE$TAIDi PRpipERT.IES .. EOB. COLLECTION_-WITH THE TAXES PAYABI,E IN 1971: I�TION by Councilman Liebl to adopt Resolution #223-1970. Seconded by Councilnnan Sheridan. Upon a voice vote, all votinq aye, Mayor Kirkham declared the motion carried unanimously. RESOLUTTON #224-1970 - OF SPECI'AL ASSESSMENTS vn RESOLUTION 22 -rnvtu�lNG. AND DIRECTING THE . C 23,. B7ACaC. 2, ..OH�WAY ADDITION: MOTION by Councilman Liebl to adopt Resolution #224-1970. Seconded by Councilman Sheridan. Ugon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously. REGULAR COUNCIL MEETING OF DECEMBER 7, 1970 � PAGE 20 � RESOLUTION #225-1970 - A RESOLUTION AUTH08IZING AND.DI�GTING THE CONSINING QF SPBCiAL ASSESSMENT3 ON LOTS 24 AND 25, BIACK 2, ONl►RIAY ADDITION: MOTION by Councilman Liebl to adopt Resolution #225-1970. Secwided by Councilman Sheridan. Upon a voice vote, all voting aye, Mayor Kirkhmn declared the motion carried unanimously. RES07�t}TION i�226-1970 - A RESOI�iJTIODI AUTHORI21DiG-AND DI�tEG"PiNG. THE SPLITTING OF SPECIAL ASSES5MEPITS ON LOT 20, PARCEL 1500 AUDITOR'S SUBDIVISION NO. 129: MOTION bg Councilman Liebl to adopt Resolution �226-1970. Seconded by Counciln►an Sheridan . Upon a voice vote , al• 1 voting aye , Mayor I�irkham- declared the motion carried. RBSOI.UTION #227-1970 - A RESOLUTION.-.ALJTHOBTZING AND DIREGfiING. Tfi� SPLIZ'�ING OF�3PECIAL AS6ESSMBNTS ON NORTH 100 FEET OF.LOT 8C AUDITOR'S SUBDIVISI�Tl�iO• 2], , p�1�ID COMBINING LOT SA � NaFtTH 100 FEET OF LOT - 8B AND EAST' 12 FEET OF NQ�I 100 FEET OF LOT 8C, AUDITOR`S SUBDIVISION NO. 21: MQTION by Cnuncilman Liebl to adopt Resolution �227-1970.. Seconded by Councilman Sheridan. Upon a v�ice vote, all voting aye, Mayor Kixkham declared the motion aarried unanimously. � APPOINTMENTS TO THE PUBLIC WORKS DEPARTMENT: Name 9tanley Peterson i Position Laborer Street Dept. u r f� � r �Ua� � Stephen � Thorstad Richard J. Cameron Laborer w�r� �Street Dept. Marsyla MOTION by Councilman Liebl to approve the appointments as recatnnended by the Administration. Seconded by Councilman Harris. Upon a voice vote, all voting aye,Mayor Kirkham declared the motion-carried unanimwsly. APPOINTMENT TO FIRE DEPARTMENT: Name Gary E. Laraon Richard Larson Larry Hamer Ron Schoneman Position Full time Firefighter Volunteer Firefighter Volunteer Firefighter Volunteer Firefighter MOTION by Cauncilswn Liebl to approve the appointmen�e. Seconded by Councilman Sheridan. Upon a voice vote, all voting aye, Mayo� Kirkham declared the motion carried unanimously. APPOINTMENT OF SERGEANT TO POLICE DEPARTMENT: Councilman Sheridan asked if this man was recarvnended by the Police Civil Service Couanission. The A�ting Cit�► Nianager said that he was one of three. � � � � � r � REGULAR C OUNCIL MEETING OF DECEMBER 7, 1970 � . Coun �ilman Sheridan asked how many were eligi.ble. The Acting City !lanaqer � said •that all the patrolmen had a chance to take the test. This man (Ronald Allard) had the best overall qualities in regard to leadership and has worked for the departlnent quite a few years longer. Councilman Liebl , asked if they did not score about ]A points apart, and the Acting City Manager said yes, they did. PAGE 21 Councilman Harris said that the top three were passed on to the Police � Chief for his recoarm�endation, then to the City Manager, then the City Manager recoamnends the appointment. It is done in this way to take any connotation of politics out of the Police Department. He said that he � would concur with the recommendation. They are not graded just on the test, just l�ecause a man got a good grade on the test does not necessarily mean that he would be a good administrator. Councilman Breider asked what other � criteria is used in grading for a promot�,on. The Ac�ting City Manaqer said ti�at Mr. Allard was picked because it was felt that he was the best suited. Councilaian Harris c�nented that a younger man may have other chances at a promotion, but the older man may not. The Acting City Manaqer said this was � true, but it was not the reason for Allard's selection. The qualifications of the finalists were very even and made the selection difficult. One man had certain qualities and another man had other qualities. Mr. Allard has � been an investigatpr on the force for many years. He has ha.ndled himself very well and has many different talents. It was not a clear cut decision, but took careful weighing. Mayor Kirkham said that a sergeant's job requires leadership qualities. This should be the decision of the Chiet, then passed on to the Acting City Manager. If the Council does not think the Administration can hire adequately, they should get an outside evaluation. Councilman Harris said that the Council cannot become involved in the appointment, other than final approval. Council.man Liebl called upon Mr. Robert Kelshaw, a member of the audience and Councilman Elect, for any comments. Mr. Kelshaw said that the City Engineer gets paid his salary for coming in with recommendations. He puts his neck on the line every time he does. The Police Chief and Acting City Manager do the same as their function. They live with this man every day and are in a position to know, and are equipped to make a judgment. Why does it come before the Council? Councilman Harris �aid tha.t.it is stipulated in the Charter. Mr. Kelshaw said that he would have to go along with the recomiaendation of the Administration. They have lived with the man. Councilman Liebl asked what if the man getting the higher score, but not the job were to take it to the union. Mr. Kelshaw said that evidently that man scored high on the test but it was felt he did not have the same leadership qualities. MOTION by Councilman Harris to concur with the recam�nendation of the Admin- istration and appoint Ronald Allard Police Sergeant effective January 1, 1971. Seconded by Councilman Sheridan. Upon a voice vote, Harris, Breider, Sheridan, and Kirkham voting aye, Liebl voting nay, Mayor Kirkham declared the motion carried, CONSIDERATION OF AMENDMENT TO PUBLIC WORKS UNION CONTRACT: MOTION by Councilman Liebl to eoncur with the Administration and approve agreement as outlined in the memorandum dated December 7, 1970 from the Acting City Manager. Secqnd�c� �y Councilman Harris. Upon a voice vote, voting aye, Mayor Kirkham declared the motion carried unanimously. the all ' REGULAR CWNCIL MEETING OF DECEMBER 7, 1g7p PAGE 23 � , Gas Service _ Approved By Sassco Incorporated 475 8th Avenue N.W. � New Brxghton, Minnesota By: Robert Jusen Plumbing Inspector General Contractor iGerald Eich Builders Inc. 2273 Terrace Drive � New Brightan, Minnesota By: Gerald Eich Buildinq Inspector �l�rk & Associates Inc. 1525 Glenwood Avenue N. � Minneapolis, Minnesota �y: R.W. Mork Building Inspector L.W. Samuelson Const. Inc. � 7800 East River Road Fridley, Minnesota By: L.W. Saa►uelsoa Building Inapector � Acton Construction Caapany, Inc. Box 394 Hugo, Minnesota By: James Szurer Building Inspector � KOptenia Builders, Inc. 3621 Lancaster Lane North MinneapoTis, Minnesota By: Robert Eibensteiner Building Inspector � Witcher Constructior� Company 400 Second Avenue South Minneapolis, Minnesota Bg: Mr. Witcher Buildinq Inspector � Heating � Ideal Sheet Metal Inc. 544 Suna�it St. N.E. Columbia Heights, Minn, By: Robert W. Vaseniur Plumbir�g Inspector , Sassco Incorporated 475 8th Avenue N.W. New srighton, Minnesota By: Robert Jusen Plwnbinq Inspector � Sign Erector , Gold lyiedal Beverage Co�►pany 553 North Fairview Avenue St. Paul, Minnesota 55104 By: Arthur Margot Building Inspector � MOTION by CounciLaan Liebl to approve the foreqoinq license applications. Seconded by Councilman Sheridan. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unaniinously. , i REGULAR COUNCIL MEETING OF DECEMBER 7, 1970 ESTIMATES: Park Construction Company 51 37th Avenue N.E. Fridley, Minnesota 55421 PARTIAL Estimate #1 for work completed and materials on hand according to contract, Meadowlands Park Storm Sewer Project No. P-10 Oak Grove Investors, a partnership and John M. Hansen For purchase of part of North Park Area State of Minnesota Departanent of Highways St. Paul, Minn. 55101 For mudjacking in Innsbruck Area as per agreement with State. Project 5t. 1970-9 Comstock & Davis, Inc. 1446 County Road J Minneapolis, Minnesota For services rendered - City of Fridley vs. Riedel Estate, Anoka County District Court Minn-Kota Excavation Co. Osseo Minnesota PARTIAL Estimate #5 for Street Improvement Project St. 1970-1 PAGE 24 $ 7,892.82 $66,800.00 $ 1,329.86 $ 300.00 $29,132.43 PARTIAL Estimate #4 for Street Improvement Project St. 1970-2 $ 2,979.30 MOTION by Councilman Harris to approve payment of the estimates as submitted. The motion was seconded and upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously. COMMUNICATION5: A. CHIEF OF POLICE: COMMENDATION OF SHORTY'S TOWING SERVICE MOTION by Counci]man Sheridan to receive the conmendation on Shorty's Towing Senrice submitted by the Chief of Police dated November 17, 1970, and order a citation be prepared. Seconded by Councilman $reider. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously. I � ' REGUr�R COUNCIL MEETING OF DECEMBER 7, 1970 IB. ACTIDIG CITY MAN1�iiGER: PRiOPOSED EXpLpSIVE p,IiDINAN(�: P71�GE 2 5 MOTI�N by Councilman Liebl to receive the memorandum frcm the Acting City , Manager dated December 1, 1970, ar�d the letter fran the City Attortiey dated November 23, 1970. Seconded by Councilman Sheridan. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously. , C. PLANNiNG ASSISTANT: REPOBT ON.ANOKA COUNTY CQMpREHF.NSIyE i1y,�,TH MEETING NWF,�lSER 18, 1970• � , LJ � � tt , � MOTION by Co�ncila�n Harris to receive the communication frqn the p],ar�niny Acsis�tant ciated November 19, 1970. The motion was seconded ar�d upon a voice vote, all votinq aye, Mayor Kirkham declared the iaotion carried unanimously. D• KEN NORDLING: REQUEST FOR WANER 0�' pLt�lBING COD� �I� bY ��ciLnan Harris to receive the ccmmunicat�on fsom ICen �linq dated November 18, 1970 and approve the request for a waiver frvat the old Mi.nneapolis Plumbinq Code to all�r use.of plastic pipes as �vritten in the new Minneapolis Code. Seconded by_Councilman I,ieb1, Upon.a voice vote, all votin9 aYe. 1Kayor Kirkham declared the motian carried unanimpusly. E. SOCIAL ACTION COMMI�TEE: ST WILLI1�Dig CHIJRg,CH M�'1'IC�i by Councilman Liebl t.o receive the communication fro�a . ths Social Action Coa�mittee of the St. Williams Church, Seconded by CounciLnan Breider. Upon a voice vote, all votinq aye, Mayor Kirkhant declared the motion carried unanimously. APPOINTMENT OF ASSISTANT CITY MANp�GER; MOTION by Counci Laan Harris to appoint Maxyin C. Br.unsell as A�Sistant City Manager. Mr, Harris stated that by.previous action he is authorised to act as assistant only when the City Manager is out of town. Seconded by Councilman Breider. Upon a voice vote, all votinq aye, Mayor Kirkham decla�ed the motion carriec� unanimously. ADJOURNMENT: There beinq no further business, Mayor Kirkhatu declared the Regular Council Meeting o� December 7, 1970 adjourned at 1:10 A.M. Re ect:Eully submitted, iiyE�c�if� , uel Mercer Secretary to tbe City Council � , ' Jack O. Kirkham 1�layor ' L.; /�. � � : � .'! ORllINANCE N0. A�i ORll 1,tiAVC� TO AMEND THE � I�'Y COI�� OF `�'�� ��� ��° �C �� FR I llLE Y bfIIVN�S01°A ��C MI�ICIIVG A Ckir1NG� IId ZOIVING IDIS°°�"RIC�'S. The Cc��an�il of �i�� ���� ��' ������� �� ������ as follows: SECTION 1. Appendix D of the City Code of Fridley is amended as hereinafter indicated. SECTION 2. The tract o� area within ti�e County of At�oka and the City of Fradley and described as: Commencing at a point which is the intersection of the South line of 40th Avenue N.E. and. the center li�e of Main Street; thence Westerly along an extension of said South line a distance of 450.79 feet to the point of beginning; thence continuing Westerly along the last described line a distance of 274.21 feet to a point; thence Northerly at right angles to the last described line a distance of 696.96 feet to a p�int; thence Southeasterly along a str���ht l�n� �o �he po�nt of beginn�.ng. The gremises last above described being hereafter described as Tract A. All lying in Section 34, T-30, R-24, City of Fridley, County of Anoka, Minnesota. Is �ereby designated to be in the Zoned District known as M-2 (Heavy IndustY°ial Are�as) . SECTION 3. That tlie Zoning Administrator is directed to change the of£icial zoning map t� show said tract or area from zoned district R-1 (Single Family Areas) to . M-2 (Heavy Industrial Areas). PASSED BY TIiE C I TY COUNC 1 L OF THE C I TY OF FkI DLEY 'I'HI S llAY OF ATTEST: , 1970. MAYOR Jack 0. Kirkham CI1'Y CLERk� P9ar�rin C. Brunsell Puhlic liearing: February 9, 1970 Fi rst Readi n�; :� llecember 7� _1970 � �C'COIlCl kCSC� ].%�; ; - — ----- —_—.._ ___. F� U b 1 1 S }l . -- —_ _ --- ------ -- ---- -- — � � ' , , Z 7G FAS T 5TH S T�,�:LT, S T. PtiUL, ��ijtv�l�S 0'� 551.01 FOR S PLrIAL USE FE.Zi-iIT Aidll ZO�;I;1G C;Ir1NG� IN R�GAP�A TO Tii.:, �nPaI�SIUN AND UPEI���OI1 OF T�I.E RtixLRik�D CIASSIFICAT.ZON YA:�. � : � Burlington IZor".hern Inc., 176 Eas� Sth S�reet, St. Paul., Minnesota, herAi��after re£erred to as thc "Petita.c�ner", hereby petitions �he City of Friul.ey for the perr�.t a�provals and zonzng ' changes in r.�garcl to the ea�ansion an� op�ration of the railroad classi.�ication yard (inciucl.�ng departure trac'•cs and siap� e�cavation) on the lands as sho;•m on t:;w atrach� d map n�r_knd as �x. � bit "�1" and , a5 legal�y descri�ed on E.tihibit "B", both ExiLitr�t� attached hereto and incarporaL-ed by z-�f_erence. � ' The px�o�°rty is generally �o�atcd Z•�est of i�lain�Street bet:•�YEn 40th Aver�t�e and 43xd aven«� Nort;��ast, Fri.d?_ey and in the vicinit�� of Grand Avenue; Col.ui7'�ia Hciohrs a.�d Cal.i�ornia S�:rc��, Fri.dley, Tlinnesota. _ Ti�e xequested apprvval ai;d clk�n ;es arz: For Tract A: Rezoning ch� n�e fro� R-I (Single Fami.ly Dr�:��.L�.ng Area} to I�i-2 (Heavy Tndustzial Area) F`or Tract A& B: Speca.ul Lse P�rmi.t--for expansion and operati�:� oi raiZraad classification yard zf th and petztio:��r desc�.bed, the no�ti�l.ed�es that performance by Var_iance-to reduce thQ r.tinimum £ooCaoe reGu-�. ;-em�nt b��caeen trf-2 zo:�i.n� and R-1 zoning from �.5Q0 �feet to 0 feet for yard c on s t ruc Ci on . said zonin; chan�es and sp�cial use perm�-its are granted, b�.�.il.ds thc ex�anded classi�'ica�ion ��azd in t�.� area � p�titi.oner agr2As �a the follo;�rs.ng co:�ditio;�s and ack- th� pe „' ts and zoni_n� chan��s are condi�ioned upan the it of the foll�win ; conditions : a. The resic�enriaZ properties abutta.n ; the praposed developn�ent wi 11 be prot�cte� by a ber►n to � constructed on th� top of .the cut slope along t,rith instalLt��n of a six fooL- chair. link fence on the b�rn pr'�.or to co:r�nce�:ent of rock removal and blasting. The berra censtruction, to the extent possibl�, arill be such tnat th� SUTi�G�11Ila yard is not visi.ble from th� roof eaves leve I. I.ine ot sigiit. I b. 1 The bZastina nozse t��ill t�e k�pt to a minimiun so as not ta have and adv4rse e��c:ct on the n�i�hbort�ood, Petitioner and i�s Coiitractor will evalt!.ate the strucL'ures of th� hom�s ;aithin the corporate limi�s of the City of F:.-id�ey sou�h of 45t� tivenue, N.E. prior to thc� ccnstruction so that any dama�e duri.n� blast- ing and constrw��i.cm can be justi fiabl.y established. , 1 ' . � � c. The dust due to the construction shall be corirroJ_led by � wateri.nd docti-n the area i f necessary�. d. ThA lighting in the yards and loud spealters for ���ork acti.viti.es wi.11 be placed a.n such a nd�nner that these are directed away from the resa.dential areas �o Lr.e Eas�. Thnre wi11 be an adeqtzate nu�b�r of speal�ezs and thcse c��.11. be placed properly � for minimu:a voluaz� and raa�;i�uunt cov�xage. e. The top po�tion oi the cut slope wi11 be �Zanted or3.th a*.ype of growth or vegetation whi_ch �ro;as �tp to a maxi.rium height of seven inch�s and -requi.res r:u.nimal maintenar.ce and �rees and bushes c•ri 11 be plan�ed aloi�� the eritx�nk��1t to malce it aestheti- cal�.y p�.easina. f. The latest type of retarder equi�:�:�nt ��aill b� used and updated p�ri_adically so that it •�ri 11 continuQ to function pr�perl.y. g. The City «iLI t�� provided �,r�.th cer�i£7.�ed duta by an independ�nt . corn�ai�y or organ.�.•�ation as to th� present x�oise level. of the Peta.�ioner's ap� ratian and the oth�r no�.se IeveLs ex�.sting in the area. The noa.�e Ievel �.n rhe e��4ncled o�gration of th� pEtitioner �.11 not be ai�y �reater. than the present level. h. B�aildings c�nst:ruc�ed in this area a.n support of this ogera�ion must co�nn be fore the B�,�i lding St�nnc�ards DQsign ControI. Sub- cor,�.*ni.t�ee far ap� zaval. They k�a.��. f_ront primaxily a�aay fro;n the resa.dentiial area. i. The traffic p�tters for remaval of rock, dir� and ot�he� refusa will be to�h7ards �;.�st River Road und away fs-om tlie res�dentia�. area. The tra�fic activities dua.�_n� constr�.�c�ion �;ill U� cooxdina��d caith Fri.dley, t��e Coun�y, Columbi.a Heigh�s and the City of rlinneapolis. j. Al.l the burn�ng and air pollu�io�� reUul.atio-�s of the City ar.d the Statc wi].I b� com�Lied �,r�.th ancl no part of the rail.road yards c�ri 11 b� used as a dw-r�n area to pi le the re fuse . k. The o�Terpass on 4�fth Avenue will be co►a,pleted from �4th Avenue to Fast R�.ver Road as planned by Burlin ;*an North�rn Inc. pri.or to operation of th.e yard to ela.minaLe traffi_c probl�ms. ih� approval of th� Pians and Specificutians sh:�Il be coordinat�d . with �rb_ City, Cc�unty ai�d other gov•�rnmwntal aoencies an� the construction of �his overp.xss al.ong Frith approaches as prcposed by �he Petitioner will. be coTapleted at no cost �o the City and the Coun ty. . 1. AI1 plans of yard l�yout, b�.dge p].ans and buildind plans will be subcr�i.tted to the City for approval prior to construction. m. The petitioner or its contractors and agents �•ri 11 indemni fy � the City from and adainst any cla:.ms for whi.ch thc City may L� legally liable �ohich n�y result from the construction as out- lined above, from the blasting involved in said coi�struction , , ' � ' � , ' � '�� 1- , � i � � � • , ' or from any other activity involved �in the Petitioner's or its � contractor's and agent's activities in said construction and further agrees that Petitioner or its contractors or aoents will hold the City har�nless from and against any and all such claims arising out of said activities and construction and wi 11 defend on behalf of the City any and all such clai,;,�s that may be presented to it. In addition to the said agreements for the City of Fridley, the Petitioner or its contractors and its agents wi 11 inde�ni fy the residents of the City of F'ridley for damages tt�� n�aay res�lt fr�� b�as�ing in the vicinity of thei r homes . � n-1.The petitioner agrees to plat a 300' wide strip of the propert�es owned by the petitioner abutting along tre westerly rioht of way line• of Main Street, bc:tween 61st Avenue Northeast and IntersL-nte � ��694, into industrial lots within one year of the approval of %ts petition by the City; and wlth the lo�s to be available for sale or l:ease at a fair. r�rket value. . x'he� vehicular access to tiain Street for ren:aining property, raest of the 300' strip a Iong Main S treet o;�med by tYie peti�icner, wi1L be reserved at the intersectxon of 57th Av�nue and Main 5treet. � �,- 2, A t,,,,� e ti. r,�e s�h,�p,���„t„,,,�. s,p.l�a �e d o f,re c,o �d,,_, �re s.� �, ��,�Lve � c ov�n u n t s �,ai 11 b� fi led _-corl�.-e,.�po.,�,�.���$.,�Y...a,��.����..t�1.,.s�.�.�p.i�.�c.�?��.b3�--�e Ci�n rov'�,,,.d'�,��..,, f o I. l�o�,��s.% _ � ,a, ..�.��a:�..luble bY..'Pe.��....t,��n�.r:,�����,���.�,.�,'_.�„l.e�.�.�,.. a t the �ai r m� rke.�,,,�y�y,,..�ox�z,x�3�-.�ai�r�u]..}use ,...�. � and in co�r.p lian ce wi th the Ci t r�,zoni � ord nance . _ ..,.._....�.�.�..�._.,._...-- �b�Vehicular access to Main_.Street .for, the 4... _,.,,ren��„�,�.nin�rproperty west ofe„the�, 30Q'„stri�p alon,,,� Main S tree t o;;-ne d b,x„�,th� .,pe t� ti, one r,,,�i�..l,l be �„ ��:x�.sl at....x1a.�...a...n,��rs.�.��a��.�.�..�1.t�_�.�� ..� � a�d ,�isi�n, S t �eet_.� o. Petitioner will cooperate with the City of Fri.dley for the dedicatio►� of a rioht hand tu.:n Iane on Fast River :toad to the proposed 43rd Avenue overpass . p. The City will be granted first option on any excess material available from said construction to be du.mped withi_n the City of Fridley at t1�.e direction of the :.noineer of the City of 'Fridley at no c:�uroe, provided the City would desijnate the location nnd the ar:lount cf .�aterial needed to the pe�itioner within 45 �iays from �ahen this infornation is reauested by the ' petitioner�, so that this, can be provided in the specifications for lettino of the contract for the ��ork. ' . .. . . � L_� ' ' � � � � - -- - -._ _ . • . t - - - -- -- -. . �....- - - - --, • .- - _ ----- - -� . . -- - _ - q. Petitioner further agrees to cooperate wl.th the City and the `� CounCy and c+�.11 not oppose their request foz a grade separation at the railroad tracks on rlississippi StreeC before the Minnesota Public Service Commission. Petitioner also aj�ees to , bear the full cosk of the shoofly track and 10y. of the re�ain- ing cost of ttle project within tc►e right of way ,ir,�.ts, which cost i.ncludes ra�.sing the l�vel of the tra�k three feet above the exis ting leve 1 to a llow for better drainaoe of the facility, cons�ruction of th� structure and other � related work. I� t is�a�reed that cost of raising__the_ track � ..,; i � ., ,... .. -- - - = � � .;,, _: ,�.�..,.....,�,�..,.w,...;.......,.._...� ___ - cQmn le � on _ .__ . ..-_.__.�..�.�..;.._.-.�-�.�...,,��.�..��.,r.���...u�. �..�. to �o_ver �n�reases in labor and materia 1 costs . ---__,�..........� �.�.. �__.._.�.._ �w __�___ ,...i�1.� �.0 0 t o b��_e rD� �e mbe,�..�..�1�.., ��.�).�....��.�,�,e„�,�.�.��Q . " te� nate� if not under �ontzac��,Ce��r 31 1375 with _ a new estimate of cost,._to. ,be n�:�ot�atedxa� , Z;��T�,��;}�s�ed .. .�on existingMlabor_and materfa2 rates This und r. erstandin� ---t���--�.y_.�n�rease_, t�,e,�,��qpe .Q£_y�ork �on�emPla�ed unde _ p re s e n t n l an � f n,- � �,,, ... , .. _ _ _ _ _ . . ,------�. , ' ' � � �. , , ' � ' ' r. Peti�tioner agrees that it will allow or be a the City to re locate the exist�.n� old rai Lroad crassings l�o eg between Longfellow and Liberty and one near Ironton Street to 79th Way and E3rd Avenue. e te, c,rith Northern States Power and the 1D Y'oDe rt v _ 0 •-`--�-• - - � -- •••••' � x ct it 8 S CE �O� plavQroLU�d purnoses on its�_.�o�ert�_west of�.�a�n Street bet�•�cen �A,Xen ue .��.�,�,.,.8_ .�,��.� L� S u ,- ea s d t o th C.,' t„ °`^'�^ F��'.�°Pe ��3' .��o,� 1M d,�ie .�....,.��... ��. � �� � . Y ��......an ,��. n ag��,��..��!��.�.�.i.�..�ar ��A��,�na,l renta 1 cance llable on 90 day�no�T�t��he .C�„t.,y��hen e. i red �,,.�,.. ....,....�. „��..... .....-� . 9.u--�. . �. ,. or industri�al or railroad_ use_. °..,�r aQrees � to_ execute Lhe a bove �e ti ti on�� - .....�. 1 necessa� docum»nts and .,�..�.. - ..::�....... nditions 8nd aQrep�».�nr� ;, Respectfully submitted, BURLSNGTON NORTHERN INC. , Petitioner By I � � � . � � , � ' z BURLINGTON NORTHERN PET:� � EXHIBIT "A" 0 ZOA #69-11: Northern Pacific Railway Bet, 40th & 41st in vicinity of Grand and California Streets Rezone from R-1 to M-2 (heavy industrial) >NING LEGEND E FAMILY OWG'S AREAS C__-] �ULTIPLE fAMILY OWG'S C,�."t] NULTIPLEyFAMILY OWG'S C' ""�3 ICT USE PEfiMITTED �„� . BUSINfSS AREAS �_] _ SMOPPING AREAS [�::!�;3 �S 8 A�LIEO LAB. �� AL BUSINESS AREAS ��� AL SHOPPING AREAS @,����� : SERV. 9 LTO. BUSINESS �";:_] ED DEVELOPMENT ["�_"] INDUSTRIAL AREAS (�J/�/� INDUSTRIAL AREAS P1,J,/I,� � iACILITIES AREAS, j-'o� ) air vpover+rv ' � SCHOOL PROPERTY � ORD�NG\:E NUMBER D 20NE USE LIMIT4TION _._ /����!' � �� ' �/ rJ ` I ti -T�i`> C T �/q I � - �,� z a �/E - .Siyo yvit/ �-� T�� c r ��'" - S,s�v,,.,�,� � , ,. .. %/?f�CT %`� r�' %/���'; C % /,� — Si°r c'/AL l/S� ,,�G-- I'rI/T � �'/%/t/i1 "✓C � � aG� % . 7 � �'l 9 � �,�e � ..o�t.� y �� �% �i�� s f . BURLINGTON NORTHERN PETITION EXNIBIT "B" Legal Description of Property: TRACK A Cc�mmencing at a point which is the intex�ection of the South line of 40th Avenue p.E., and the center line of Main Street; thence Westerly along an extension of said South line a distance of 450.79 feet to the point of beginning; thence continuing Westerly along the last described line a distance of 274.21 feet to a point� thence Northerly at right angl�s to the last desc�ibed line a distan�e of 696.96 feet to a point; the:�ce SoutAeasterly alon� � s�;.aight line to t1�Q point of b�gir�a�in�. The premises last above described being hereafter described as Tract A. TRACT B Commencing at the intersection of the South line of 40th Avenue N.E., and the center l�.ne of Main Street; t'�ence Westerly along an extenFion of §aid South line a distance of 725.0 feet to the point of begin- ning; thence Northerly at right angles to the last described line a distance of 1424.52 feet to�a point in the North line of Lot 4, Auditor's Sub. I�io. 39; thence, Westerly along said North line a distance of 70.0 feet to a point, thence Northerly a distance of 559.48 feet to a point in the South line of 43rd Avenue N.E., which point is 200.0 feet Easterly of the West line of Lot 6, Auditor's Sub No. 39; thence Westerly along the South line of said 43rd Avenue N.E,, a distance of 200.0 feet to said West line of said Lot 6; thence Southerly along the West line of said Lot 6, a distance of 399.63 feet to a point in the North line of Lot 5, said Auditor's Sub. No. 39; thence Westerly along said North line of Lot 5 to the Northeast corner of Lot 12, said Auditor's Sub. No. 39; thence Southwesterly along the Easterly line of said Lot 12, Lot 13, and Lot 14 of said Auditor's Sub. Na. 39 to a point in a line which is a Westerly extension of the South line of said 40th Avenue N.E.; thence Easterly along said South line of 40th Avenue N.E., to the point of be- ginning. The premises last above described being hereafter referred to as�Tract B. Generally located West of Main Street between 40th Avenue and 43rd Av,enue Northeast, Fridley and in the vicinity of Grand Avenue, Columbia Heights and California Street, Fridley, Minnesota. �� LAW OFFICES HALL. SMITH, JUSTER, FEIHEMA 8C HASZi�'ITZ CHARTEREO WVMAN SMITH LEONARD T. JUSTER MENFtV H. FEIKEMA RONALD L. MASIAVITZ JAMES R. CASSf:RLY CARI J. NEWOU15T DOUGLAS HALL OiCOUN3[L The Honorable Mayor and Councilmen 6431 University Avenue N.E. Fridley, Minnesota 55421 RE: Snowmobile Ordinance Gentlemen: December 16, 1970 SU�TE �OS('i •UIIOCNb [�, ^���.t 9-, �OIN!, M�N�.(J�QLIS M!h+�kl..'• 55��'• Oi� �� 1 S r FpiD�[• 6 UfS[O •M�A COO[ 612 TE�EVHpNE )39-IIa� 0 In reference to the d�rection of the Council at the December 7th Meeting I have reviewed the material in that Ayenda and our present Ordinance, being 88.11. The memo of the Chief of Police and the discussior� that took place at the Meeting of December 1, 1969, as contained on pages 77 and 78 of the Agenda of December 7, all correctly outlined the limitation by the City in regulating snowmobiles. I am sumnarizing herein the restrictions on a municipality in regulating snowmobiles: A. No dri<�er's license is required in orde� to �perate a snowmobile. See Section 1?1.0�. B. Snowmobiles are exempt from the normal vehicle license fee. Section 168.012. �r The State of Minnesota, in Chapter 84 of the Minnesota Statutes, passed an ' extensive statute relating to the operation and registration of snomobiles. This statute, which relates to the powers of the Department of Natural Resources as opposed to the Department of Highways, provides essentially as follows: ' �_ J � ' r 1. Any snowmobile operated in the State of Minnesota must be registered and a registration fee paid. 2. No political subdivision of the State can require licensing or registration of snowmobiles. 3. The essence of the statute giving power to the Department of Natural Resources is based upon the regulation of snov�nnobiles by the Commissioner of Natural Resources in order to protect the specific interests that the Department of Natural Resources is concerned with.. The statute specifically allows for further regulation by the Comnissioner.of Highways and/or by local authorities. ti� 4. The statute prohibits any operation at all within the right of way of amy interstate highway or freeway within the State. With regard to operation upon a roadway, shoulder, or inside bank or slope of any trunk, county state aid, or county highway in th�e State, the statute prcivides that operation is prohibited on the right of way between the opposing lanes of traffic except that it provides for a"direct crossing of a street or highway at any hour of the day" under certain conditions. 5. Section 84.87 of the snowmobile statute provides that there shall be no operation on the public sireet or highway unless the snowmobile is equipped with at least one head lamp, one tail lamp, reflector material of a minimum area of 16 square inches, and brakes, each of which shall conform to standards prescribed by the Corrmissioner, subject to approval of the Commi.ssioner of Highways. ��. Except in an emergency situation, no snowmobile may be operated other than as provided above. 7. The statute further provi�es that the provisions of Chapter 169, which apply to motor vehicles operation, also apply to the operation of snowmabiles upon streets and highways, except for those relating to the required equipment, and excep� those which by their nature have no application. Accorciingly, the provisions of 169 insofar as th�y relate to equipment for a motor vehicle will not be applied to the operation of a snowmobile. (:. Section 84.871 also provides for equipping snowmobiles with a muffler and sets out certain provisions relating to the exhaust system. D. Subdivision 3 of Section 84.87 specifical]y provides that any city or village may regulate the operation of snowmobiles on public lands, waters, and property under their jurisdiction, and on streets and higt�ways within their boundaries, by ardinance, and by giving appropriate notice, provided the regulations are not inconsistent with the statutes. However, no goverr�ment or unit may adopt an ordinance which either imposes a fee for use of public land or water, or requires a snowmobile operator to possess a motor vehicle driver's license while operating a snowmobile. Therefore, it appears that the Minnesota Statutes do provide quite a bit of regulation over the operation of the snowmobiles. A City ordinance cannot be inconsistent with the State Statutes but we can be more restrictive without being inconsistent. Under our City police power we could enact certain restrictions as to equipment for the protection of persons using the streets and highways and establish a speed limit rather than just a "reasonable or proper" limit. We could not require the operator of a snowmobile to possess a motor vehicle drivers license and a recent attorney general's opinion, 1003, February 9, 1968, �olds that neither the Commissioner of Highways nor local authorities are authorized to prnhibit the operation of snowmobiles on streets and highways. The Hennepin County League of Municipalities has drafted a proposed model ordinance which is under consideration by the communities in Henri�pin County to establish greater control and it does appear to be more restrictive than the present City Ordinance and it should give the police something a little more definite under which to operate. � I am enclosing that Ordinance for your review and comnents Ve truly yours, Leonard T. Juster LTJ : mr enc. cc: Everett McCarthy Chief of Police Marvin Brunsell Acting City Manager � 1�� : a r t���;�i � �� :�� �'1 1?. 1970 HENNEPIN COUNTY LEAGUE OF �TNY�IpALITIES 3300 University Ave SE, Mpls., I��I, 55414 331-9910 li Enclosed is the final draft of the PROPOSED UNIFORM SNOWMOBILE ORDiNANCE FOR 1-iL'NNEPiN COUNTY MUNiCiPALiTiES. � , This ordinance is the product of several meetings of the Ad Iloc ' ' , Snowmobile Committee formed last January by 22 of the municipalities in Hennepin County. We feel 'that uniformity in regard to municipal � regulations of activities which cross municipal iines is desirable as a means of providing law enforcement officials with the capability of uniform response to county-wide problems, citizens with knowledge of what activities are permitted and what prohibited without regard to their particular geographic position as they engage in the sport, and in maintaining a system of local eontrol over problems which have received stafie-wide attention. . We urge all communities in Henne�rin � County�;�to �adopt, the Propp'sed Uniform Ordinance. � ..', _ ,` 1 ' , � � � � � � , � i ' � ' � � rev. draft. 9/28/70 Proposed Uniform Snowmobile Orelbnar�ce Fo� �ienaa�pin Count� P���ic��a��g���� ORDINANCE N0. 0 AN OitDI�1�►IVCE REGULATING THE OPERATION OF SNOWMOBILES. �he �ri���a� �;������ ����,�,�1 of t�,� ��,��,��c� ������� �� ordains a� ����,���� o � ---_ Section 1. �EFINI����1�0 �or ��e ��a�po��� �� �,��� ���g�a��e the terms defined herein shall have the following meanings ascribed to them. Subdivision 1. "person" includes an individual, partnership, cor- poratipn, the state and its agencies and subdivisions, and any body of.persons, whether incorporated or not. - Subd. 2-. "Snowmobile" means a self-propelled vehicle designed for travel on snow or ice or natural terrain steereci by wheels, - skis or runners. , - ' Subd. 3. "Owner" means a person, other than a lien holder having the property in or title to snowmobile entitled to the use or . possession thereof. Subd. 4. "Operate" means to ride in or on and control the oper- ation of a snowmobile. Subd. 5. "Operator" means every person who operates or is in actual physical control of a snowmobile. � Subd. 6. "Roadway" means that portion of a highway improved, designed, or ordinarily used for vehicular travel, including �the shoulder. Subd. 7. "Street or highway" means the entire width between boundary lines of any way or place when any part thereof is open to the use of tY�e public, as a matter of right, for the purposes of vehicular traffic. � �2 �. ji 1 . I / ' , � � ' 0 Subd. 8. "Right of way" means the entire strip of land traversed by a highway or street in which the public owns the fee or an easement for roadway purposes. Subd. 9. "Safety or deadman" throttle is defined as a device wrhich, when pressure is removed from the engine.acceler- ator or throttle, causes the motor to be disengaged from the driving track. �� V � Section 2. OPERATION ON STREETS AND HIGHWAYS. Subdivision 1. No person shall operate a snowmobile upon the roadway, shoulder �tion 1. or inside bank or slope of any trunk, county state aid, or county :) Pro- highway in this Village (City) and, in the case of a divided trunk or tion county highway, on the right of �aay between the opposing lanes -► On of traffic, except as provided in this Ordinance, nor shall oper- tate And ation on any such highway be psrmitted where the roadway directly � ty abuts a publiC sidewalk or walkway or property used for private i ays purposes. No person shall operate a snowmobile y►�ithin the right of way of any trunk, county state aid, or county�highway � between the hours of one-half hour after sunset to one- half hour before sunrise, except on the right hazd side of such right of way and in the same direction as the highway traffic .on the nearest lane of the roadway adjacent thereto. No snow- �. mobile shall be operated at any time within the �ight of taay of any interstate highway or freeway within this �tate.� � �. : ) om- .e Pro- .b ion � 1 :r�ts � � � Subdivision 1. No person shall operate a snowmobile upon the roadway, shoulder or inside bank or slope of any street or highway within the Village (City) of . Operation in the ditch or on the outside bank wit in the right of way of any street or highway except interstate highways or freeways is permitted in conformance with state law and Village (City) ordinances, unle�s the roadway directly abuts a public sidewalk or walkway or property used for private purposes. Between the hours of one-half hour after sunset to one-half hour before sunrise, any operation may only be on the right hand side of such street or highway and in the same direction as the highway traffic on the nearest lane of the roadraay adjacent thereto. Subd. 2. A Snowmobile may make a direct crossing of a street or highway except an interstate highway or freeway, provided: a. The crossing is made imately 90 degrees to the or highway and at a place prevents a quick and safe / 2 at an angle of approx-� direction of the street where no obstruction crossing. , �. , � � � . b. The snowmobile is brought� to a enmplete stop before crossing the s}ioulder or main traveled way of the highway. �c. The driver yields the right of way to all oncoming traffic which constitut�� �n �frr��t����� hazard. d. In crossing a divided street or highway, the � crossing is made only at an intersection of. � such street or highway with another public street or highway. , � ' �. , If the crossing is made between the hours of one-half hour after sunset to one--half hour before sunrise or in conditions of reduced visibility, only if both front and rear lights are on. : � ��� 2. Subd. 3. No snowmobile shall be operated on streets or highways at a speed exceeding miles per hour. � S►ibd. 4. No snowmobile shall enter any uncontrolled intersection a�ithout making a complete stop. The operator shall then yield tlie right af way to any vehicles or pedestrians which constitute an immediat�e hazard. ' .. Subd. 5. I�otwithstanding any prohibition in this Ordinance, a sr�oc�mobile may be operated on a public thoroughfare in an � emergency during the period of time when and at locations where sncw upon the roadway r.enders travel by automobile impractical. , � � � i Section 3. OPERATION GENERALLY. Except as otherwise specifically permitted and authorized, it is unlawful for any person to eperate a snowmobile within the limits of the Village (City) of S::L�division 1. On a public sidewalk or walkway pr�vided or used f'or pedestrian travel�. ' Subd. 2. On private property of another without lawful a�sthority or consent of the owner or occupant. u Subd. 3. 0� any publicly owred lands and frozen waters, includin� b ut not limited to school grounds, park property, playgrou�ds, recreation �are3s and golf courses, except are3s previousl.y listed or authorized for such use by the proper publ.ic authority, in which case such use shculd be l�wful and snowmobiles may be driven in and out of such areas by the shortest route. Authorized areas in the Village (City) of owned by the Village (City) shall be designated by council resolution. • 3 /�il. 0 � � � Subd 4. At any place, while under the influence of intoxicating � liquor or �arcotics or habit forming drugs.. Subd. 5. At a rate of speed greater than reasonable or proper under � all t�e surrounding circumstances. Subd. 6. At any place in a careless, reckless or negligent manner , so as to endanger the person or property of another or to cause injury� or damage thereto. Subd. 7. So as to tow any person�or thing on a public street or ' highway except through use of a rigid tow bar attached to the rear of the snowmobile. , Subd. 8. At a speed greater than tea miles an hour when within. 100 feet of any lakeshore, except in channels, or of fisherman, ice house or skating rinks, nor shall operation be permitted within ' 100 feet of any sliding area, nor where the operation would conflict with the lawful use of property or would endanger other persons or property. . � Subd. 9. In a manner so as to create a loud, unnecessary or unusual noise which disturbs, aonoys or interferes with the peace and quiet of other persons. � �tioa 3. Subd. 10. During the hours from 11:00 p.m. to 7:00 a.m. of any da .1 Y , �'Section 4. EQUIPMENT. It is unlawful for any person to operate a snowmobile any place within the limits of the Village (City) of unless it is equipped with the following; � � � Subdivision 1. Standard mufflers which are properly attached and in constant opgration, and which reduce the.noise of •• operation of the motor to the minim.um necessary for operation. Mufflers shall comRly with Regulation CONS. 55 which is hereby - lIf communities wish to impose hours they are encouraged to use the � above hours so that snowmobile users will not be confused by variatio�s of hours when crossing municipal borders. � �. ' � � � i.5 1 I ;,;.�� `.� � . . . � ' f# � 0 � adopted by reference as it existed on September ls �,3�'9. No � person shall use a muffler cutout, by-pass, s�traigh� pipe or similar device on a snowmobile motor, and the exhaust system shall not emit or produce a sharp popping or crackling sound. � Subd. 2. Brake� ad�c��,��e to congg�� ��� ��v�E�,��� �� �n� to stop and hold the sn��ob�le under any ��a��iti��i� �� operation. , Subd. 3. A safety or so-called "deadman" throttle in operating condition, so that when pressure is removed from the accelerator or thrattle, the motor is disengaged from the driving track. � ' � 1. � Subd. 4. At least one clear �amp attached to the front, with sufficient intensity to reveal persons and vehicles at a distanee of at leasfi 100 feet ahe�d durir,g �i�e hours of dark- ness un.der no�mal atmospheric conditions. Su�k� heael lamp shall be so aimed that glaring rays are not projected into the eyes of an oncoming vehicle operator. It shall also be equipped with at least one red tail lamp having a minimum candle power of sufficient intensity to exhibit a red light plainly visible from a distance of 500 feet to the rear during the hours of darkness under normal atmospheric conditions. The equipment to be in operating condition wher� the veY�icle is operated between the hours of one-half hou� after sunset to one-half hour before sunrise or at times af reduced visibility. Subd. 5. Reflective material at least 16 square inches on each side, forward of the handlebars, so as to reflect or beam light at a ninety degree angle. Section 5. APPLICATION OF OTHER LAWS. Village (City) traffic ' ordinances shall apply to the operation of snowmobiles upon streets and highways, and Minnesota Statutes 1969, Sections 84.81 � to 84.88, and Minnesota Statutes 1969, Chapter 169. except for • those provisions relating to required equipment, are hereby � adopted by reference, except those provisions which by their nature have no application. � : Section 6. PERSONS UNDER 18. Subdivision 1. No person under'14 years of age shall operate on streets or highways or make a direct crossing of a street or highway as the opera.tor � . of a snowmobile. A person 14 years of age or older, but less than 18 years of age, may operate a snowmobile on streets or highways as permitted under this Ordinance and make a direct � . � • . . � G� �� �% � � crossi.ng thereof only if he has in his immediate possession a valid snowmobile safety certificate issued by the commissioner of conservation as provided by Minnesota Statutes 1969, Section 84.86. ' Subd. 2. It is unlawful for the owner of a snowmobile to permit the snowmobile to be operated contrary to the provi- sions ag this section. � Sectio:� 7. LEAVING SNOWP�IOBILE UNATTENDED. Every person.leavinq . a snowrnobile in a public place shall iock the ignition, remov� . the key and take�the same with him. Sectio� 8. CHASING ANIMALS FORBZDDEN. It is unlawiul to intentionally drive, chase, run ove� or kill any animal, wild . or domestic, with a snowmobile. Section 9. VIOLATIONS. Every person convicted of a violation of any of the provisions of this Ordinance shall be punished by a fine of not more than three hundred dollars ($300.00) or by imprisanment for a period of no� more than ninety (90) days, or both, but in either case the co�ts of prosecu�ion may be added. Section 10. SEVERABILITY. Should any section, subdivision, . clause or other provision of this Ordinance be held to be invali� by a court of competent jurisdiction, such decision shall not affect the validity of the Ordinance as a whole, or of any part thereof, �ther than the part held to be invalid. Sectio� 11. EFFECT. This Ordinance shall be published in the and s a be e fective upon pu ication. Adopted by the Village (City) Council of the Village y �City) of ' this day of , Z9 - - ; . , � ,� � . . Attest: C erk '4 ayor . Published in on � 19 � .. _ 6 � . t PLANNING COA4IISSION MEETING DECER�ER �, �970 PAGE 1 ' � The meeting was called to order at 8:15 F.M. by Vice Chairman Fitzpatrick. ROLL CALL: Members Present: Members Absent: Others Present: Minish, Harris, Fitzpatrick, Schmedeke Erickson . Darrel Clark, Engineering Assistant APPROVE PLANNING COMMISSiON MINU�ES: NOVEi�lBER 4, 1970 MOTION by Schmede�� se�cc�nded i�y Minish, th�t the PZanning Co,�mn.ission m.inutes of November 18. .�470 be agapxoved., Upon a vo� ce vote, a11 voting aye, the motion carried urranimo;��sZy. RECEIVE PARKS & REC1tEATION CU1rII�4ISS�ON MiNU�S : NOVEMBER. 23 1970 .MOTION by Minish, s�conded by Schmedeke, that the Planning Commission rer.eive the minutes of the Parks & Recreation Comraission of November 23, I970. Upon s voice vote, a.Z1 voting aye, the motion carried unanimously. RECEIVE BUILDING STANDARDS-DESIGN pONTROL MINUTES: DECEMBER 3 1970 MOTION by Schmedeke, seconded by Minish, that the Planning Correnission reaeive the minutes of the Buildinq Standards-Design Control ureeting of Deaeraber 3, 1970. Upon a voice vote, a11 voting aye, the motion carried unanimously. 1. PUBLIC HEARING: REQUEST FOR REZONING; ZOA #70-06, SID BADER: Lot k, Auditor's Subdivision 108, rezone from R-1 to R-3 the South 2/3rds. The Public Hearing Notice was read by Acting Chairman Fitzpatrick. The petitioner, Mr. Sid Bader, explained that they were hoping to con- struct a 22 to 24 unit apartment building if granted the rezoning. They have juat finished building an apartment at 1441 73rd Avenue Northeast, and feel it is a desirable building. They will build a well constructed apartment which �ill be an asset to the community. The public hearing was opened to the sudience. Mr. and Mrs. Drumm. residing at 1641 73rd Avenue which is the homde ` ' adjacent to and East of the lot being �onsidered for rezoning etated that his home was of average value with recent remodeling costing him about $5,000.00. He stated that he was in sales and that it was not uncoa�mon for him to be transfered on fairly short notice vhich would make it necessary 1 to sell his home with a ahorter,other than normal�amount of time to diapose of it. He felt that if this property was rezoned, it would hinder his ability to aell his hame. � � ' PlanninQ Cot�ission Meetin� - December 9, 1970 PaRe 2%� Mr. Drurun had the following comments and questions; First, he wondered , if anyone could tell him when this construction would commence and when it was completed, where would it be located with reference to his West line. He questioned the location of outside facilities such as garbage cans, parking lot ' and driveway. He also wondered if there was any control over the number and ages of the children in the families renting in the proposed building. Mr. Bader stated that he could not answer all of Mr. Drumm's questions , because they have not gone into much detail on the plan for a building on this area yet. However, he would offer the following data: He would estimate that it would take them about 30 days from the date of rezoning approval. The draw- ' ing that was submitted with his petition shows the building 15 feet fram your West line �aith the driveway along the West side of the lot leading to a parking lot to be located North of the proposed building. � ' Mr. Bader went on `o state that a11 the uuiis woul.d be two bedroom and they had not thought of aL1y restricLioLis on the siLe of a family wanting to live there. He wauld estimate, however, that the average age of the children in their building at 1441 �ss sbout 14 year�. Mrs. Drumm co�nented that most people will n�t buy next door to an apart- , ment� Mr. Bader answered that when single family lots are close to lots zoned R-3, there is the possibility �that the immediate ax�e� nay be considered for apartments and it would make that property worth mor.e� 1 ' r �] ' Mr. Drumm felt that their home was too valuable to offset the increased value if it were reaaned to R-3 therefore he felt his property would more than likely remain R-1 and would fee2 much better if the proposed structure were smaller, say a fourplex. Mr. $obert S. Bigelow, 6322 Bass Lake Road, Minneapolis: He stated that in all his real estate experience, he would have to say he would have as much, or better, chance of selling Mr. Drumm's home with the type of building Mr. Bader is canstructing as opposed to the kind of house that is there no�w. Mrs. Druam� stated they bought their house in that area for privacy and there were just ten children in the block, but now the number would increase. • Mr. Drumm felt the height o� the building would affect the amount of light his house would receive. , Tom Marxen, 1620 Onondaga Street (Lot 5): He explained his property was adjacent and lies East and North of the property under discussion. The pro- posed road in the center of his property has been dedicated and he has built one home on the front lot, and he intended to build another one on Onondaga. � He has put in a lot of time and money so f ar, and felt that something had to be resolved regarding the zoning and the dedicated street. ' ' ' Vice Chairman Fitzpatrick believed the subject of the roadway ought to be taken up at this time. Originally the proposed plan was for an East/West street midway between Onondaga Street and 73rd Avenue in order to serve the interior part of the block. Planning Commission Meeting - December 9, 1970 PaAe 3�� The Engineering Assistant gave the following brief history for the area: In 196�. the Pla�ning Commission and City Council adopted a street plan for the ���� ��' �°��-��-�� A����h �f ?3rd Avenue and East of Central Avenue. In this so- �=����e� �r���� �lo��� �aein� bounded by Hayes Street on the West,on the E��� tay Stin���a. ��ax&�sra�°dy on the North by Onondaga Street and on the South by 73rd Avenue, the p�.a.n ir�dicated the need for an additional street to run East and West and to be located half way between 73rd and Onondaga. There was also a couple of legs off from this street out to either Onondaga or 73rd Avenue. However, at the time this plan was adopted, the entire block was zoned R-1. In 1963 Council approved some rezoning to R-3 in the West half along 73rd Avenue in this $uper block thereby reducing the need for street access to the rear of the 300 foot depth lots along 73rd Avenue that are zoned R-3. Aawever, there still is a need for street access to the rear of the long lots facing Onon- daga. The area West of Zy�ticki property has been pretty well resolved by the Couneil approwal of the Geor�e Nelson land use last Monday night. The two parcels lying East of the Zywicki property have previous].y been split or platted with the dedicattons of right of way to meet the plan for the addition of a street mid- block between 73rd and Unondaga. This then makes it nearly mandatory that we extend the dedication through the Zywicki property of which we are considering tonight. Acting Chairman Fitzpatrick asked if Darrel would explain the George Nelson development a little more in detail. It was then explained that Mr. Nelson was to dedicate a 35 foot street easement along the West edge of Lot 30 from Onondaga South to midway between Onondaga and 73rd to provide for an outlet if the East{West streets were to be dedicated from Lot 30 to the West. He was not required to dedicate right of way for the East/West street through lots 30 or 31 because he plans to leave the area North of' the R-3 property (being the South half of Lots 30 and 31) open and to be used for� recreation area for the building to be constructed along 73rd Avenue. Mr. Nelson will be platting six lots along Onondaga for single family houses. It was also e�cplained that Mr. Nelson was given approval to increase the number of units allowed on the R-3 portion by the number of sinsle family dwellings that could have been built on the R-1 vacant property adjacent to the R-3. It was also pointed out that if a street were put in between land zoned R-1 and R-3 with the R-3 property having already been served by a street and sewer and water on the opposite end,that more than likely all the cost of the sewer and water would have to be born by the R-1 property and 75X of the cost df the street to be paid by the R-1 property. If this method were used to assess �the improvements, it would put the cost so high that it could make it uneconomical to have the street put in at all. Mr. Drumm asked if the proposed rezoning would affect his taxes - would they increase or decrease? llarrel Clark answered that as far as the valuation of the property is concerned, he would think it would stay the same because it is R-1 property. Mr. Drwmm wondered, with the land already zoned for apartments in that area, and which is for sale having a larger area than what is naw being rezoned, why they need this lazid. � �J � Plannix�� Co�nission Meeting - December 9, 1970 pa�e 4�� Vice Gl�airman Fitzpatrick e�cpla�ned that the request for the rezoning was by Mr. Zywicki, the awner of the la:�d, �aad he had asked Mr. Bader to develop it for hian. The petitioner has the right to petition for rezoning of his own property. He ttne�� �ked Darrel Clark how muctt R-3 land is available in that area. ' IDar�°el Clark expiained �hat abocat �.0% of the area zoned R-3 had R-3 develop- ment on it now with the assumption that George Nelson is building on his property, it would bring the developed R-3 property to about 40Y. , � ' ' , � ' Mr. Harris asked Mr. Marxen if he were planning on splitting his lot. Mr. Marxen replied that he platted the area because he did not know the kind of homes Iie could build because of the frontage. If his land remained R-1, he would need a street access, otherwise if there should be a possibility that the area would all be developed R-3, the street access could be removed. It was also explained that the outlet for the East/West street would make it necessary for additional right of way along the East edge of Lot 32 naw owned by E. H. Stein. It was noted that a letter from E. H. Stein, awner of Lot 32, did not object to the rezoning. Mr. Harris then wondered if it might be necessary to acquire another 30 feet of right away from Lot 32 to provide access to the East lots. National Funds, former owners of Lot 32, platted the land including the 30 foot dedication, but never filed the plat. Mr. Bigelow said he still didn't see how this access was affected by the petition. It was explained that, assuming this East/West street were improved right now with the area on both sides zoned R-1, the, improvement cost would probably be borne equally on either side of the new street. Now assume Zywicki property were zoned R-3 and developed prior to the new street being improved, then you see the North side or R-1 property would pay nearly all the improvement cost and the area on the South side of the new street very little because they already have been served by 73rd Avenue. ' Mr. Marxen said in answer to Mr. Bigelow's question that he could not, at this time, decide whether he would want his land zoned R-3 without access or ��; whethe�:�ie could possibly accept the additional improvement cost for the new street if the 8ywiek���parcel were rezoned to R-3. Hia main concern would be how could he , develop his land with some profit to him and best fit the area as far as use was concerned. ' , r , , ' Mr. Harris cammented that the depth of the North one third of Lot 4 s 200 feet, the parcel remaining would be 101 feet deep. If a street were put thr�ugh, that would leave Mr. Zywicki with a lot North of the street less than 100 fe t in depth. In order to make that into buildable lots, he would almost have to p�irchase some of the lot that faces Onondaga. It will take cooperation of the people in the bloek to make the plan work. The Engineering Assistant said that the arwa awned by Mr. Zwicki North of the area being rezoned would be about 75 feet North and South by 175 feet East and West along the proposed street. A comment was made that the houses in this area are, for the most part, very ni ce homes . MOTION by Minish, seconded by Harris, that the Planninq Commission close the publi c hearing of the rezoning request, ZOA #70-06, Sid Bader, to rezone from R-1 to R-3 the South 2/3rds of Lot 4, Auditor's Subdi vision #108. Upon a voice vote, all votinq aye, the motion carried unanimously. ' � , ' � PlanninA Comanission Meeting - December 9, 1970 Pagie 5 � Mr. Minish said that this rezoning request is another one of rl���e t�rouble- some situations -- single family and multiple in tl�� ��.mp ���ae A� tfl�is point, where Lakeside, if extended, would com� �hrough, wo��.d ma�k the E�te�ly boundary of the multiple. The rest is single family. It seems that a natural break would be the extension of Lakeside to keep it as a buffer. Mre Schmedeke a�ked �hat if the proposed road were to go through, in of ob�e�;�ions of so�e �f th� peoplen wou'd the prs�e�c�aa�� be �o ���s�!c�� s��� ��a� needed i:o complete th� area. It w�� �t��ed �hag �� �����e en�u�h pe�centage of the awners wanted i�, the few undedicated parcels would probalbly be t��Cen by condemnation. Mr. Harris said he was imp�essed by the presentation this evening as the � petitioner had done a lot of ground work, such as getting signatures from most of the people in the block. He was certain that in some way, if the petition were granted, Mr. Drumm's pgoperty could be pxotected by berms, landscaping, etc. But ' before tne could vote for any rezoning on I,ot 4, the petitioner would have to agree to dedicate the 5� foot right of way for the xest of �he other street. The South half of L�t �2 is 1�-3 as �aell as all the lots to the West. With Mro Nelson's project going a�a��� �ua3 ��e othe� ����tffient bu�l�ing in the area, that as time goes ' on, he was certain tkae �est of R-3 gr��s�stg� e�r'rll b� developed. Perhaps Lot 4 is a �;ood pla:ce to stop, with Mr. Marxen cleveloping his praperty R-1. If the rezoning request were �xan�ed9 in order to grotect Mr. Drumm, the Planning Commission would � recommend the dedication of the street, adequate screening between R-1 and R-3 with trees, berms, etc. Mr. Schmedeke said he also felt that R-3 should stop with Lot 4. ' � Mr. Marxen stated he would prefer a proper buffer on the North end of the R-3 property. In the ca�� �� t9r� r?��.���� �Y�� �ng�neerin� A�����:an� sa�d it was stipu- lated there would be no access to the North. � Mr. Schmedeke asked what the effect would be on the number of units in the apartment if the street in the middle of the block would be dedicated. The Engineer- ing Assistant answered that by taking the right of way, the petitioner would lose about , 5,000 square feet which would amount to the loss of about 2 units. Sometimes a street dedication is allowed in figuring the density of an area. ' ' ' MOTION by Schmedeke, seconded by Harris, that the Planning Commission recom- mend approvaZ of the rezoninq request, ZOA #70-06, Sid Bader to rezone the South Nalf of Lot 4, Auditor's Subdivision �l108, from R-1 to R-3 District with the stipu- Iation that Mr. Zywicki continue the necessary dedications to connect a right of way up with the already dedicated portion to the East, the access to this new street be controlled or limited, the new R-3 area be properly and adequately screened adjacent to the R-1 properties. Upon a voice vote, a11 voting aye, except Minish, voting nay, the motion carried. 2. PUBLIC HEARING: REQUEST FOR SPECIAL USE PERMIT: SP ��70-12, ALVIN A. NITSCHKE: ' Outlot 1, Rice Creek Plaza South, Lot 32, Block 4, Lowell Addition to Fridley Park together with the vacated street between before mentioned parcels. �1 ' The Notice of Hearing was read by Vice Chairman Fitzpatrick. Mr. and Mrs. Nitschke were present. ' �� ' ' ' ' , ' ' Rl�aa�ninq Commis.sion MeetinA - December 9, 1970 Page 6 3 ^ ,e� The Engineering Assistant explained that this req��st involved some land trading. The drawing he handed ou� c�as a d�a�r� o� ��� a��� and showed the lots owned by the City for park. Outlot 1 is o�ed �y ��Se C�ty and is 26 fee:. w�de, Mr. Nitschke signed an agreement wherein he stated th�t if the City would deed him Outlot 1, he would deed to the City of Fxidley 12.7 feet of Lot 31, and the South 2.7 feet of'Lot 32 of B�.ock 4' Lowell Add�tioct �� �ridley Park. His request for a Special Use Permit is contingent upon a larxd t�adeo Mr. Nitschke said that he talked with Mr. Hermann, City Assessor, and was told the Council wanted him to make an offer for the land. He made an offer of $250.00 for additional land. Al�OTION by Narris, seconded by Schmedeke, that the PubZic Hearing be closed for the the request of a Special Use Permit, SP#70-12 by Alvin �i. Nitschke to construct a two family dwelling in an R-1 Dsstrict invoZving Outlot 1, Rice Creek Plaza South, Lot 32, BZock 4, Lowe11 Additi0n to Fridley Park together with the v8cated street between before mentioned parcel�. Upon a voice vote, a11 voting aye, the rr�otion carried �na�imor�sly. Mr. Schmedeke co�nented that across th� street from the proposed two family dwelling is M-1 District, the la�d bacics i�p to R-1 and to the North there is the possibility of another duplex being built. Darrel Clark added that Lot 10 is vacant, Lot 11 is occupied by a two family dwelling. ' Mr. Schmedeke added that after having seen the area, he had no objections for the duplex being built inasmuch as there is another one in the same block, and finally, there were no people here tonight fro� the neighborhood to object. ' ' �� � Mr. Minish commented that several years ago, when a similar request was brought up before his Committee concerning this area, the place was packed. Naw he is surprised at the lack of interest. As Chairman of the Parks and Recreation Commission, Mr. Fitzpatrick said he would like to mention for discussion a possible stipulation for some kind of fence along the South side of Nitschke �:ot, se,-quite often people build next to parks and then complain of the results such as children running through the yard, chasing balls, etc. , The City, in the past, had made overtures to purchase putlot l, �ut the price was too high. Vice Chairman Fitzpatrick said the Parks felt the price was greater than the use the park would get for the additional park property. � �� ' �� � The Eng�eering Assistant explained the reason for the change in the zoning ordinance�that at R-2, a two family dwelling could be built, and in order to control the type of construction, a Special Use Permit category was added to the Code. With a Special Use Permit, the builder has to get approval of the Building Standards-Design Control Subcommittee for exteriors, elevations, etc. This gives the City better control over the architectural design. R-2 zoning had no such restrictions. ' ' � � S � ' ������Coara�i��ion M�ti.zgg .- Decemher 9, 1970 Page 7 . �- � I�IOTION by 5chmedeke, seconded by Minish, that the Planning Commission recormnend approval of the Special U�e Permit, SP �l70-12, by Alvin A. Nitschke to construct a tcvo famiZy dwelling zn an R-I Dis�rict, Sectic�.� �5.19 (2A) Fridley City Code, involvinq Outlot Z, Rice Creek P1aza South, Lot 32, B1ock 4, LoweZZ Addition to FridZey Park together with the vacated street between before mentioned parcels, subject to Covncil and City decisions on land transfer as outlined in a statement dated October 27, 1970 signed by Alvin A. Nitschke, that there wi1Z be saoe type of fence or buffer on the Soath side of the property, and that the BuiZding Standards-Design Control Subc�ommittee approve the building plans prior to submission to the Council, and finally that Mr. Nitschke bring his plans before the Building Standards- Design Control Subcommittee before the Special Use Permit is granted by CounciZ and in that way Council would receive the complete package. Upon a voice vote, a11 voting aye, the motion carrzed unanimously. Mr. 1�itscPtice said he feit he did �ot .want the fence, and.: that ti noise of the property owners abutting a park paid for their fencea, he Would rather not have that stipulation in the motion. If t�,e wa�ted the fence, and if the property would be a nuisance in that respect, fie would put it up. ' Vice Chairman Fitzpatrick said tha� quite often the City gets it in reverse. The neighbors ask the Park Department to put up the fence. Usually if one needs a f�nce, he calls the City and expects the City to put it up. ' The people around this park have not put up a fence, but we are considering a .special use permit this evening. He �tou?dn't ask Mr. Nitschke to put up a fence he would never need. ' ' � ' ' Mr. Schmedeke told Mr. Nitschke he felt that if the Chairman of the Parks and Recreation Commission believes the fence to be necessary and prac- tical but not to unnecessarily to burden you -- some day you may be more than happy with it. Mr. Nitschke said he plans to live in the proposed building, and being that he was going to live there, it would probably have a contemporary type of architecture and have a mansard roof. The architect that he is planning to use is in New York at this time and-he could not give a date this evening for the presentation of the plans. 3. OONSIDERATION OF PRELIMINARY PLAN FOR TOWNHOUSE DEVELOPMENT BY N CORPORATION: Lots 3 and 4, Block 2, Hayes River Lots (5950 Anna Avenue) � Mr. Harris said this request came to the Building Standards-Deaign Control Subcommittee for concept approval. Then the request went directly from Building Standards Design Control Subcommittee to Council without coming to the Planning Commission. It was in the Building Standards minutes which ' went to Council, and they got involved in the townhouse concept, before the request was received by the Planning Commission. The recommendation of the Building-Standards-Design Control Subcommittee should have gone first to the , � ' r-, II � ' r � � u � ' � �lanni.ng Commission Meetin� - December 9, 1970 Pai�e 8� � Planning Commission, then the Planning Commission make their recommendation to the Council. Darrel �ia�le ��id �txe �equest wi�s kaand�d go hi�a and he was told to put it on ttae ag�ndaa Mr. Harris felt the proper action would be that when the minutes are presented to Council, their action would be only to receive them. If the Ordinance requires the Planning Commission reco�nmendation prior to Council approv�l, this procedure should be followed. According to the Code, Darrel Clark said9 the procedure is.that the preliminary plan comes before the Planning C��s�ion �a�d ���� to ��a����� and Council approves or accepts with variances and then the petitioneg ffiu�+t draw up final plans for approval and the request goes back to Planning Commission and Council. Building Standards-Design Control Subcommittee see the preliminaxy plans first. Mr. Ii�xri�s said that all the Subcommit�ee saw was outsi�e elev�uions of the building� �d where parking lots are going tt�-be. The same drawrings were given the Plaxiniag Commission this everaing. The petitioners went before the Board of Appeals for high rise apart- ' meaats and got approval. When they consulted the bank, they were told it was not feasible or economical and then they came back with the townhouse concept. Council said they liked the idea. ' MOTIDN by Minish, seconded by Harris, that the Plannang Commission table consideration of a preliminary plaaa for Townhouse Development by N.C.R. Corporation to be constructed on Lots 3 and 4, Block 2, Hayes River Lots, ' until the final plan is filed with the Building Inspection Department. Upon a voice vote, alI voting aye, the motion carried unanimously. ' 1N0270N by Minisla, seconded by Narriso that the Planninq Commission recommend to Cobancil t1�at the City Attorraey be i�structed to review Sec�ion 45.14 Townhouse Development and that the proposed amendment for Item 2 under ' Section 45.141 include a provision for review of the final plans•by the BuiZding Standards-Design Control Subcommittee prior to submission to the Planning Commi.ssion, and to have four subdi visions as Item Z has Upon a voice vnte, a11 voting aye, the motion carried unanimousZy. ' �� � ' ' Vice Chairman Fitzpatrick said he suspected, because the 4th subdivision had been omitted, and that there seems to be an error in Item 2 C, someti�ing has been deleted by accident. . 4. SEMENT BY JERRY ABRAMSHU.K. 3AV #70-05: To vacate the Northerly 7 feet of the Southerly 15 feet of Lot 1, Block 5, Rice Creek Plaza South. Mr. Abramshuk was present. It was explained by Darrel Clark that, at the rear of Lot 1, Block 5, Rice Creek Plaza, there is an existing 15 foot utility easement, and adjacent PlanninQ Commission Meetint� - December 9, 1970 Pa�.,,e 9 is a ten foot easment off Holiday Shopping Center parcel making a total of ��° 25 feet. The previous owner of Lot 1 built a garag� five or six years ago on the rear part of the lot and, without knawing, encroached some 6 feet on the easement. Mr. Abramshuk wants to add to the garage for storage purposes and had heard he did not n�ed a permit. When a building inspector drove by, he noticed the construction and stopped it. When a certificate of survey was brought in, it showed encroachment of the existing garage into 15 feet of the easement. The City contacted Northern States Power and Northwestern Bell Telephone to get their opinion of the petition for vacation of the Northerly 8 feet. Both responded in this that�they have no objection, and the City has no objection because we have no utilities in the area. Mr. Abramshuk was very apologetic to the City for not follawing the proper procedure. The total easement is 25 feet which would still leave 17 feet after vacation. The lot next door has a 15 foot easement also. Mr. Schmedeke noticed that the fence is right on the lot line and that he felt the request should be approved. MOTION by Schmedeke, seconded by Minish, that the Planning Commission recoII►rnend approval of the vacation request, SAV #70-05, by JarosZaw Abram- shuk, of the Northerly 7 feet of the Southerly 15 feet of Lot .I, B1ock 5, Rice Creek Plaza South. Upon a voice vote, a11 voting aye, the motion carri ed unanimousl y . Darrel Clark added that the Administration has allowed Mr. Abramshuk to continue his construction without a permit because one half of the struc= ture is up and because of winter, it would be a hardship not to finish it. 5. QONSIDER DATE OF SECOND MEETING OF THE PLANNING COMMISSION IN DEC�ER: December 23, 1970. The Commission agreed not to meet on December 23, 1970, but if requests came in that were urgent and could not wait until January 6, 1971, the next regular meeting, the members would be polled. ADJOURNMENT: There being no further business, Vice Chairman Fitzpatrick adjourned the meeting at 11:00 P.M. Respectfully submitted Hazel 0'Brian Recording Secretary ' , ' � � L1 � ' � � � �� THE MI1�]lJTES OF TI� BOARD OF APPEALS MEETING OF DFCENIDER 15 1970 The meeting was c�lled to osder by Chairman Minish �tt 7a35 P.M. �ERS PIt�SEi� s Niinish9 Ahdnen, Drigans, Sondheimer r�tBERS ABSENT : 0' Bannon 0'Ti�RS PRESENT: A1 Bagstad-Building Official MOTION by Ahonen to approve the minutes of the November 10, 1970 meeting as written, Seconded by Sondheimer. Upon a voice vot�, there being no nays, the motion carried unanimously. Chainaan Minish reported to the Board the action taken by the Council on the Nove�bex 10, 1970 Board items. 1. A REQUEST FOR A VE�IANC� OF SECTION 56 , O5. 4B SUEPl�It�,PH 1 I�tIDLEY CYTY CODB, TO INCRSASE TI� I�A2C� SIGIQ � Fi)� � F�E S�iDING SIGN IN AN AU'1b1rIDBB.E QVD�7Tf+4 Affni• r.�n� nn Mr. William Rosen, Attorney for Speedy Car Wash, presented the request. He explained the car wash was one of the early buildings in this area and at that time they had an agreement with the landowner, Mr. Mortenson, to put up a sign at the corner of Central and 52nd Avenue. �The agreement stated the sign could remain at that location until such time as the landowner wanted to use the land for some other purpose. �h'he landowner has now sold this piece of property to Ttain City Federal and our sign has been taken down. Mr. Rosen stated further that they are asking to put the same sign back up � again approximately 175 feet North of where the sign was located. This will still be on Mr. Mortenson's property. There will be some repair work done on the si�ax as it wa� d�noaged when it was taken dawn. ' ' � Chairnian Minish ask�d Mr. ��gstad if the Building Inspection Department had any coaments on this request. Mr. Bagstad answered the Skywood Mall Shopping Center has an area identification sign already and according to the Code is only allawed one. There are extra signs on this property which Mr. Mortenson is aware of and also this property needs some maintenance work completed. Mr. Rosen stated the car wash did have three small A-frame "open" signs which , they will be removing. He had talked with the City Attorney who had talked to the City Engineer who informed him the City Engineering Department had no objections to the pylon sign if the small signs were remwed. � Mr. Gordon Bloom with the Property Management Department of 1�ain City Federal showed the Board how they are planning to develop the corner property. He stated he was at the meeting to inform the Board of this and not to object to , the sign. He added that �ain City Federal will be erecting a sign at the approximate location of the old car wash sign. ' ��J , .. . �Q The Board of AQpeals Minutes of December 15. 1970 paAe Z , Mr. George Boyd, from Robert Hall, was concexned with the car wash erecting a larger sign than what they had up but he had no objections to the� putting up the same sign. Drigans asked Mr. Bagstad why a variance was needed when the sign has already been in existence and is just being relocated? Mr. Bagstad answered our present code covering aigns was not iti effect at the time the sign was first erected and now since the sign is over the minia�m sign size requirement as stipulated in the code, the variance is necessary to re-erect the sign. MOTION by Sondheimer to close the public hearing. Seconded by Ahonen. Upon a voice vote, there being no nays, the motion carried. MOTION by Sondheiner to recommend to the City Council approval of the request to relocate the sign approximately 175 feet North of the old location but in the same relative position with the following sEfpulations: 1. Said sign to have an area not exceeding 252 square feet. 2. All extra signs to lie taken down and the original sign be erected in the original fashion. 3. The Building Inspection Department be allowed to add their stipulations to the Sign Permit. MOTION dies for l�.ck of a second. Drigans stated he felt the hardship is that the sign had been erected and in existence for some time. He felt the Board had no control over where the aign is to be located as long as it is within the confinea of the owner's property. He said all the Board had the right to do was to act on the variance of sign area as that is all the applicant is asking for. Sondheimer said he would rephrase the motion to omit the area where the sign was to be located. MOTION by Sondheimer to reco�end to the City Council approval of the request to erect a sign, said sign having an area of 252 aquare feet, with the following stipulations: 1. All extra signs be taken down and the original sign be erected in the original fashion. 2. The Building Inspection Department be allowed to add their stipulations to the Sign Permit. ' , � � ' ' � � ��, The Board of Appeals Minutes of December 15, 1970 Pafte 3 Drigans added the hardship is the sig:� was there before the new sign ordinance was passed. MOTION seconded by Drfgans. Upon a voice v4te9 Aia�a� vot�.n� nayf the motion carried. 2. A REQUEST FOR A VARIANCE OF SECTION 45.053. 4B, TO REDiIJJCE TH$ SIDE YARD SETBAiCK FROM 10 FEE T TO 5 FEET TO PERMIT TSE ERISTING A1TA�NED GARAiGE Mr. Kelshaw was present to present the reqnest. He presented a letter to the Board signed by the adjacent property awners to the East of his property, which stated the variance will not interfere with their property. IrI0TI0N by Sondheimer to recetve the letter signed by Mr. � Mrs. Jachum. Seconded by Ahonen. Upon a voice vote, there being no nays, the motion carried. , Mr. Kelsh�w explained ther� is 12 feet between the existing structures at the back and 14 feet bet�aeen them at the front. He is not building an addition onto his lzouse but simply comierting the present garage into l�ing area and will install a fire wall. A new garage, that will need no ' variances, is proposed and will be located in the backyard with the exit on Caaol Drive. MOTION by Ahonen to close the public hearing. Seconded by �ondizeim�r. Upon a voice vote, �here being no nays, the motion carried. Sondheimer stated he would like a report fran the Fire Department on the minimum safe distance between stnictures. Mr. Bagstad s�id he would contact the Fire Prevention Chief for this report. MOTION by Drigans to reco�end to the City Council approval of the request for the following reasons: 1. This will increase the value of the property as far as the house is concerned. 2. �nergency vehicle access can be obtained from behiad the building without any due hazdship. 3. The structure ie not being expanded dimensionally. 4. He has agreed to put in a fire wall between the two structures which is also a stipulation of the Board. ' � , ' � � 3. '�he Board of Avueals 1Kinutes o£ D�ce�ber 15. 1970 Parte 4 Seconded by Ahonen. Upon a voice vote, there being no nays, the motion carried unani,m�usly. Mr. Dale II�d�on� Diviaion Engineer with Continental Oil Compaay presented the r�que�t. � �; Mr. Hudson stated the company is re-ideatifyia�g itself by doia� away with ' the triangle sign because of not being able to use it world wide. The new design is being used in all the advertising and Mr. Ryan is being jeapordized as he is not taking advantage of thie advertising. We wanted ' to place the sign out of the way as far as the traffic is concerned and we felt the pump island would be best. The present sign is up againet the property line and is in need of some repair work. The aew siga will be , 8 feet 7 inches from the property line so we are asking for a 1� foot variance. The price panel off the present sign Nill be placed on the new sign. � Sondheim�x asked what wind velocity the new sign will withstand? Mr. Hudson answered 20 miles per square inch. He continued they have e been installing these signs throughout the state and Iawa and have had no trouble with them. He felt it was an attractive sign. Sozidheimer asked Mr. Bagstad what the Building Inspection Department thought of this sign. Mr. Bagstad answered it would be an improve,ment to the area and that it was difficult to locate a sign on this property. Mi0TI0N by Drigans to close the public hearing. Seconded by Sondheimer. Upon a voice vote, there being no nays, the motion carried unanimously. MOTION by Ahonen to recourmend to the City Council approval of this request as it will be an improv�ent from the present sign situation. Seconded by Drigana. carried unanimously. ADJOURNI�NT • Upon a voice vote, there being no nays, the motion The meeting wae adjourned by Chairman Minish at 9:00 P.M. Respectfully submitted, MARY HINTZ Secretary r �. � � , ' , ' � � '� i � ' ' ' � , ' f BUILDING STANDARDS-DESIGN CONTROL MEETING OI' DECEMBER 17,�'1970 � The meeting was called to order by Chairman Harris at 8:07 P.M. MEMBERS PRESENT: Harris, White, Hart, Tonco MEMBERS ABSENT: Gnerre OTHERS .PRESENT: Hank Muhich - Chief Building Inspector MOTION by White to approve the minutes of the December 3, 1970 meeting as written. � ' Seconded by Hart. Jpon a voice vote, all voting aye, the motion carried unanimously. ' 1. CONSIDERATION OF A REQUEST TO CONSTRUCT AN ADDITION TO THE EXISTInG BUILDING LOCATED ON LOTS 28, 29, 30, BLOCK 2, ONAG?AY ADDITION, THE SAME BEING 7805 BEECH STREET N,E., FRIDLEY, MINNESOTA. (REQUEST BY ADVANCED HEATING AND AIR CONDITIONING, INC., 7805 BEECH STREET N.E., MINNEAPOLIS, MINNESOTA 55432.) . � Mr. Maynard Edson and Mr. Roger Lind were present to present the request. The addition will be 87' X 70`. The addition will be concrete block like the existing buildirig. The entire building, including the addition, will all be painted at the same time so that the paint will all match. They will also be replacing all the windows for this reason. There will be 6 brick veneer columns across the front of the building. The columns on the addition will match the ones on the existing building. There will be break-off block across the top of the addition. The roof will be bar joist construction. With the addition to the building it was stated that they would need 16 additional parking spaces. They had room for 7 additional spaces at the back of the building. The Board stated that they would need an agreement from Advanced Heating & Air Conditioning agreeing to add additional parking if necessary. They stated that this would be'agreeable to them. Mr. Edson also stated that there would be a 5 foot sidewalk along the parking lot in the back of the building. � The Board also informed the owner that they would be expected to check with the City before making any future rental agreements of the property to prevent any possible parking problems which might result from lessees requiring excessive parking. � When the subject of a"foundation permit was brought up, Mr. Harris said that he was not in favor of issuing a foundation permit on this size of a building because it puts a burden on the City and on the contractor. Mr. Tonco inquired whether the 2 X 6 ceiling joist was adequate across the span as shown in the plan and also if this met our fire codes. When the subject of what means of storage of refuse they had was brought up, Mr. Edson stated they intended to have a rubbish container to the rear of the buildino 4Thich they �aould haul away every 4�eek. After discussing the plans further, Mr. Edson stated that he would just as soon blacktop the land at the south end of the building for parking instead of putting sod in. However, he said he would like to wait until 78th Ave. was finished. . .�� � e _ . . Building Standards-Design Control Meeting of December 17, 1970 � Page 2��~ The Board stated that this was agreeable to them except that he would have to put in a 5� planting strip along the street instead of blacktop all fhe way to the street. This was agreed to. . MOTION by Tonco to recommend approval of a building permit subject to everything marked in red on the plans including the following stipulations: 1. The completion of the parking lot abutting 78th Avenue will not be � completed until the situation on 78th Avenue is resolved. This agreement would be made part of the Temporary Certificate of Occupancy. 2. A minimum 10' radius would be provided on all concrete curbing around islands and entries. 3. If a foundation permit should be granted by the Council, a complete set ' of inechanical and electrical plans must be submitted to the Building Inspection Department for approval before a building permit will be issued. The foundation permit is to go to grade level only. Seconded by White. Upon a voice vote, all voting aye, the motion carried unanimously. • . ADJOURNMENT• The meeting was adjourned by Chairman Harris at 9:10 P.M. Respectfully submitted, • ��_ C� �.�u�.,.��� . . CAROL CHUDEI� Secretary . � n � � MEh10 T0: Acting City Manager FROF1: P�:rchasi ng Agent DATE: December 1B, 1970 SUBJECT: Property Casualty Insurance Bids -- January 1, 1971 to :lanuary 1, 1972 Two bids were received for the Property Casuatty Insurance coverage for the year of 1971. P. t4. Endsley Company submitted their bid comptete as per sp2cifications submitted. The Anoka County Agency, Inc., DBA Insurance Service Agency did not compty to specifications as per our insurance consultant (Mr. Lee Dougtas of 8achman- Anderson, Inc.) It is recommended that the Property Casuaity Insurance contract be awarded to P. M. Endsley Company in the amount of $47,308.00 as shown below. Basic Insurance Coverage $ 44,133.00 Additional Liability for Liquor Operation 2,330.00 Aciditional Liability for 8alance of City Operation 845.00 Totat Amount of Premium for One Year $ 47,308.00 GM ps �� 0 W c7 � x � 0 U W � � H � a �� �¢ � Q O U � � � � � �+ L�i 0 �-+� i� W a c� w L4' A O wz O AW W a O �W 3 A H P�i W ,. . � � O � H H (� a � O P� H � H HH a U H Q �PQ�+W xH�'� wa 'a ° c.�`- � v �'",,-2�� O �h� z°p�Q o O E-i ,-7 � M H A � Oz M O�F�"� rNn- O�E-+H H � � H H O O H U H H d ���a w aaH� �'l� � CA O O W � O H H z � � � W � � W W' U W � • az � o � d O U � H � � � ��W .t �-+ odac�.�� v�i-a U � � � z zo�� � � U � N .--� v � U '� � w F+ 7 � � � H p� � P, � � a�i � � � �aaa a�'i o c�'o 0 3 U d U r-i O 0 N � � � �n- a, � 0 a; v� � �, 1J N G' 1.� 0O a� E O ' � �.I v' fA rl w �o w .,-in �s .�, � � ca � w° `�n, � u �, a°W a � � m � � � x � O •r1 U td N D' ,3 clf � O � � d � � r-�i O QO G}+ y F+ N • ..-I � R3 G O r--� ������� a' w .� Q) .r � CJ � N .� .� t� 7-� .0 G �HH`�'wE-�•� 0 0 O � rn a� �� � a O U O � U � N td N ua��G � O i�-i U �+ � � � 7 � � a� C7 v� r-+ w� F� U H � H U �25 af � � � U �+ �+ � a� •.a �3 � v�i G a�, � s� a a, o co a� U H � U d � N ' � d � U c� � � � a� � C'+ O �rl 1-� N '� � N � U d F+ w O �+ a, � � v � a� � � cd � � � � G O U � U � N H � � a H G O � N C1 v � � � � u 0�-� 0 � 3� � 1 ��� . � �.�� . A � �I 1!/� A �T— ���.� � leTD E R, S O 1V', Inc. ' INSURANCE . FINANCIAL PLANWING � 'I J � � J � � � ' � , , , Cable Address: Twins P10NEER BUILDING - ST. PAUL, MINN. 55101 - 612-22'9-8463. LELAND C. DOUGLAS V(CE•PRESIDENT City Council City of Fridley 6441 University Ave. N.E. Fridley, Minnesota. m RE: Property, Casualty Insurance Bid. December 16, 1970. Gentlemen: December 18, 1970 T�,io bids were received for the City of Fridley Insurance protection for the three year term commencing January l, 1971. There is a question if the bid from the Anoka County Agency, Inc. d.b.a Insurance Service Agency meets spec ifications. On page 3 of their bid where "exceptions to specifications, if any" are asked for, the bidder infers in the second paragraph that they are waiting for a bid figure from the Continental Casualty Company for umbrella coverage which would seemingly leave their section V-i umbrella liability options 1 and 2 in doubt as to authenticity. Under their paragraph 3, they infer that no mention was made of police professional liability coverage and have proposed separate coverage at � an additional�cost of $2,419.00. I do not agree with their conclusion that we did not ask for such coverage for the Police Department, as false arrest, invasion of privacy, wrongful detention, etc. as on Page � 1 of the bid, under general liability coverage, sub-paragraph "C" this type of coverage is clearly called for. By inference then, there is a question if their primary bid included this coverage. The bid form from the P. M. Endsley Co. did meet and exceed specifications. '' They are to use a form of coverage that will provide "agreed value" which precludes the possible invoking of a co-insurance penalty in the event of a property loss to the municipal buildings. Their deductible under this form is $100.00 per occurrence for property losses rather ' than the specifications $250.00 deductible, There would be no deductible for the liquor store buildings o.r contents and here again the specifications permitted a$250,00 deductible. Their liquor liability , rates would be guaranteed for three years. They are also proposing coverage through the same insurance company as present, which means � � � ! �,� . YEARS OF SERVICE °� �1945-1970 35 � 0 City Council City of Fridley. December 18, 1970. Page 2. there would be no procedural changes involved for claims, engineering or auditing. Based upon the above information we would �ecnmmend that the P. M. Endsley Co. quotation be accepted, subject to a final review of the exact policy upon delivery. Very cordially yours, C��. '_ � T :, �.� � �_ tR�.Y...x�,� t� ^ BACHMAN-ANDERSON, I1�C. Leland C. Douglas, Vice President LCD:R ' c�`S f 1 � 0 ' 0 �i��� �6ar`�r�r �'�r�'t�►rt� �'�� ��� t�`c� STATE OF AA9MRlESOTIA II 1 ' ' � � ' lJ �I ���� David j. Lurson - Chairrn L. j. Blanchard Mel ford C. Chri.rten.ren Harold O. Goertz David O. Harri.r Pau! R. McCarron David D. Schauf jerome A. Trapp Kertneth W/. Uthe %amer F. 1�a1 f e �aa-x�a2 7{b8 COUNTV ROAD "J" (85th AVE. N.E.) MINNEAPOLIS, MINNESOTA 55432 To the Municip�lities of:' �t� ,�lrairap °�'Frele Pin�es C'oon Kapad.r Fridley Lexington Mound.r View Spring Lake Park Decen:ber 2, 1970 City of Blaine �illage of Brooklyn Park Village of Circle Pines City of Coon Rapids City of Fridley Village of Lexington Village of Maple Grove Village of Mounds View Village of New Brigh�on Village of Osseo Village of Shoreview . Village of Spring Lake Park Mr. Marvin Brunsell ' City of Fridley 6431 University Ave. N.E. Minneapolis, Minnesota 55421 ' Dear Mr. Brunsell: ' Enclosed are two copies of a proposed form of Joint Pawers Agreement to establish the North Suburban Service Service Board. I refer you to my prior letter of November 19, 1970 and the attached Resolution of the Board of Trustees of the North Suburban Sanitary � Sewer District recommending the establishment of such a group. This recommended fotm of Joint Powers Agreement is being e sent to you for your consideration and formal adoption by your Council. We hope that the Agreement can be adopted by all interested municipalities before the end of 1970. r � �� Please note that the purpose of the Board is to "provide a collective body to represent the interests of (our) municipalities in the development and maintenance of an efficient and econamic system �� ' � ' ' e ' , � � ' Mr. Marvin Brunsell City of Fridley December 2, 1970 Page 2. for the collection and disposal of sewage and other waste material within the North Suburban Service Area" and to otheawis� provide a vehicle for the review of action taken or conte�piated by� t�e Metropolitan Sewes Board and to a�sist our representagiv�s Mr� �Tos�ph ^. C���z, f� ��_� ;������� �ei�ted to the Metrop�litan Sewer �oard. The powers and duties of the Board, as s�aied in Article 3, are broad and we do contemplate a method of funding this Board although the projected annual costs of the operation of same are minimal. The budget for 1971 should not be in excess of $15,000.00 and barring som� unusual circumstances, it would appear that the annual budgets thereafter would be even lower. I encourage you to review this proposed form of Agreement at your early convenience and brin� the matter for discussion to your Council. If you have any specific questions or sug�estions for change, would you please contact � by telephone or mail and I will attempt to make myself available to you for discussion either witti your staff or your Council if you deem this necessary. My business telephone number is 332-0211 and you can otherwise contact me through the North Suburban Sanitary Sewer District office. ' Again I should state that the North Subu�ban Sanitary Sewer District Board of Trustees deems this matter of ut�nost importance, there being a great deal of unfinished business for the North Suburban , Service Area, not only in terms of credits ar►d other problems of the North Suburban Sanitary Sewer District but also in t�r�ns of the incorporation of the west side of the river into our total North Suburban Service Area. The problem is a common one to us all aud is� ' impertant because of the total scope of the business of the Metropolitan Sewer Bo�rd and of the money involved therewith. � � �' � ' � DJL:em Thank you again for your early consideration of this matter. Sincerely yours, NORTH SUBURBAN SANITARY SEWER DISTRICT i `- . � , � <,-., �� j / ,,,,,i�.-_�__ � J � David J. Larso�r�,� Chairman �/ vl� � Cl I� �� AGREEMENT THIS AGREEMENT, made and entered into this day of 197 , by and between the undersigned municipalities, hereinafter sometimes ' referred to collectively as "said municipalities"g all bei�� �ov���ental CJ ' ' � I , I � ��its eacist��� purs�aaast t� th� 1�� of the S�.ate of Minnesota, and located wholly or partially within ttte North Suburban Se��rfe� t�rea; idY��SSETfi Zf►AT: WHEREAS, each of said �nunicipa�i��L�� �� �;ur; ���y�z°e�i �Q p�ovide for t�e health and sanitation needs of its cornmunity; and �E��, the said municipalities have � comm�on interest in insur- i�8 g��� � efficient �nd economic system for tiae �a�.1.,�Ltion aaad di�posal of sewage and other w�te material be de�rel���� aba� m�intained for the North Suburban Service Area (hereinafter sometimes referred to as the "area"); and WHEREAS, said municipalities agree �h�� �t;1��r c��.�ect�ve interests � in the development and maintenance of such a system can best be represented by a joint body composed of representatives of each of said municipalities; � and WHEREAS, Minnesota Statutes, Sectiora 47�.59, provides that two or more governmental units may by agreement jointly or cooperatively exercise any po�wer common to the contracting parties. NOW, THEREFORE, in consideration of the joint and mutual covenants and promises hereinafter made, the said municipalities agree as follows: ARTICLE 1 North Suburban Sewer Service Board 1.01 There is hereby established the North Suburban Sewer Service Board, hereinafter referred to as the "Board". �� ���� �� board sha11 be composed of one me�ber fvom ea�h of said �u�i�����igi�ss a�po�nted �y ��� s����n� at the g���ur� �f t�e �over�in� body �f �he appointing municipali�ye Alterna�� �����s m�� �g�� �� a�point- ed �y �ac� o� �aid �un������f����n ��� ������� �� ��� ����� ��� �o�d other public �g�i���. `I�� m���gs of the board shall s�rve without compensation for their services and raithout reimbursement gor exp�n�es incurxed in the performance of their services except to the extent that the appointing muni- cipality might determine to compeirs�te or reimburse the expenses of its board member; provided, however, that nothing contained herein shall lirnit the power of the board to pay other reasonable expenses of board operations. 1.03 Eaeh me��r of �e board shall t�ave one vote,; provided, however, whenever any municipality is in default on any contribution payable to the board under the provisions of this Agreement, the board member representing said municipality shall not be entitled to vote. A majority of all members appointed to the board shall cons ti tute a quorum. 1.04 The board shall elect a chairman from among its members and a secretary and treasurer who may or may not be members, and prescribe their duties. The board shall establish its own rules of order. 1.05 The address of the board shall be the City Hall, 1313 Coon Rapids Boulevard, City of Coon Rapids, Minnesota 55433. The board shall hold regu- lar meetings at least once a month on such a date aaid at such a place within the area as fixed by the board. Special �etings may be called and held in accordance with procedures established by the board. ARTICLE 2 Purvose of the Board The purpose of the board is to provide a collective body to represent - 2 - J 1 ' � ' , ' ' :, the in������� of �aid muxa��i��l���.�s �� ��ae c��������n��� ����d c���r��:c��-����� of �� ���,Q���.��at a�d e�ot�omf� �ys�em €�� 6�� �oll�ct���n ��c� ��.�p��y�.� `;�� �:�Fa�ge and ot�ae� ����� �a����ia� �,����'�ir� t�a� F����•g� S��b�.��:��� �.�y�aL�� �?t��., ARTICI,E 3 Powers and Duti�� �f ��a�� 300� The board shall have the authority to employ or contract with qualffi�d p�r�on� wfiie� at dee�r� ��c�ssarv �o e�'���� AL� ��:n�uses ir�cluding without �imitation administrative and other personnel, engineers, account- ants and legal counsel, and may pay for their services by monthly salaries, hourly wages, or by such fees as may be agreed upon. � 3.02 The board may cause reports, plans and recomriendations to be pre- nared and published, undertake research projects, hold public hearings at the time, on the notice and in the manner determin�d by the board; enter in- to contracts necessary to carry out its powers; lease or purchase supplies and equipment; appoint such committees £rom board and non-board members as it deems necessary; cause its agents or employees to represent the board's interests before governmental or non-goverramental bodies; and do all such things reasonably necessary to promote the purposes her�in reci�ted; provided, ho�,aever� nothing contained herein shall eanpower the �oard to undextake ��ne acquisition, construction, maintenance o� operat�?on of interceptors or treat- ment works. 3.03 The board shall make a financial accoun�ing and repor� to the municipalities on or before February 15 of each year and all of its books, reports, and records shall be open to examination by the municipalities at all reasonable times. 3.04 The board may accept gifts, grants or loans of r.►oney or other prop- - 3 - , �' ' erty from the United States, the Stat� a� �Ii�n��c�ta� e�� �,��r �,�����, o� entity for �h� pea�����s �e��ga���� k��������� �� ����� �, _ y�;, r � ��,i=• �� � J � ' � able agreement required in corrn�ct��� �.��e��wYt�. 3.05 The board may collect and receive moneys, subject to the pro- visions of this Agreement, f.rom its members and from any other source approved by the board and it may incur expenses and make expenditures necessary and incidental to the effectuation of the purposes of this Agreement. Orders, checks and drafts shall be signed by the chairman and treasurer. All other legal instruments shall be exec�ted on behalf of the board by the chairman and secretary. • ARTI CLE 4 FinancinA � 4.01 The activities and functions of the board shall be financed b y � � ' ' � payments of the municipalities to be determined in accordance with the pro- visions of this Agreement. 4.02 Prior,to September 1 of each year tihe board shall prepare and submit to the municipalities a proposed annual budget for the next ensuing year reflecting all estimated costs of operation and expected income from sources other than payments of the municipalities. Not later than August 25 of each year the board shall meet and vote on the proposed budget. If a majority of the board members eligible to vote on the budget vote in favor of it, it shall be deemed approved. If the budget does not receive a majority 1 of such votes, it shall be revised and resubmitted to the participating muni- ' ' � cipalities and the board as often as necessary until it is approved. 4.03 After a budget has been established in accordance with section 4.02, the board shall allocate the net operating costs (total operating costs less - 4 - 41 , 1 � � � ' �� � � � ' r �_ 1 � � � ' funds received from sources other than payments of the municipalities) among the said municipalities at a fixed sum of 1�ao hundred and Fifty Dollars ($250) to each municipality party to the agreement for any part of the budget year, with the balance in the proportion that the estimated volume,not to exceed twenty (20) percent of the total volume,of sewage discharged by said municipality or part thereof within the North Suburban Service Area into the sewage system during the budget year, bears to the total estimated volume of sewage to be discharged by all af the municipalities or parts thereof within the area, parties to this Agree�nt during the budget year. The estimated volume to be discharged by each municipality or part thereof within the area shall be that established by the Metropolitan Sewer Board pursuant to the provisions of Minnesota Statutes, Section 473C.0$(2). 4.04 Notice of the payments due from each municipality established pur- suant to the provisions of section 4.03 shall be delivered in writing to each of the municipalities, and the pzy�ents shall be due within 60 days of the delivery of the notice. Payments not received within the prescribed period shall be considered delinquent and the municipality shall be deemed in default. 4.05 The board may prepare an initial operating budget, which initial operating budget shall not exceed $15,000.00, for the purpose of providing funds to finance the board's activities until the first annual budget has been prepared and approved. The funds for such initial operating budget shall be paid by said municipalities on 45 days' notice and annual budgets there- after shall be estab�lished and paid in accordance with the provisions of sections 4.01 through 4.04. 4.06 At any time after the annual budget has been approved by the board, adjustments thereto may be made only in accordance with the provisions of � this section. � Proposed adjustments in the budget which will result in de- �� 42 ' � � , ' J J � � � � ' � � creased expenditures may be effectuated by a majority vot� o� the board. Proposed ad�ustments in the budget which will result in incr�ased �a�e�di� tures �ay be �ffe�guat�d oa�ly a���g ��� �������d ����,� y�d budget� is ��banitted �� ��id maaaaicf����iti�s a�d is �pproved by vote of tc�o-r_�-��;�5 g$ �h� e�.i��ble �e�ers. Tsansfers of funds from �ne purpose coaa�ained in the annual bud- get to another purpose contained thegein may b� ��.�a�riz�� by � ma�or��y �i board members eligible to vote. ��ICi,� S Gene��l roviaions 5.01 Whenever there is a�isagreement between the board and any of the ��id ffi�saai�i���it�es party heretoD csa� b��•�ea� ��r of �e �aid municipalities, as to the m�anin� or application of any of the term� hex�ein, or as to the xespectiwe ri�htsa �a�u,ex°$e duties and obligations of the pa�ties and the board, and the disagree�ent cannot be affifcably r�so�ved, any party may then submit the raatters in dispute to a board of �rb��x��.�� a;a �•��� �.�� �r�;������ g�, the provisions of Minnes�ta Stat�nt��� ������ ��2� ��.� �.�� �;�������ment shall be arbitrated in accordance therewith. 5.02 The board shall be of continuing duration for as long as there are two or more participating ffiunieipalitie�. �y gnua��cipality may withdraw from the agreement at the end of any calendar year by filing written notice with the board by December 1 of that year. Me�ber�hi� �ha��. be terminated upon ' the failure to pay the amounts required hereunder for a period of one year, provided that no membership shall be terminated during the pendency of arbi- � tration proceedings instituted pursuant to section 5.01 involving a dis ute P , as to the amount of payment due from the delinquent municipality. Termination of inetnbership in any manner prior to dissolution shall disqualify the termin- ' � ated member's right to share in board assets. - 6 - � 5.03 l�iy other �i�y9 village, or town wholly or partially within the ����� ���t���ba:� ���e���� �rea may at any time hereafter b�e��am� �����r �� this Agreement on �e�� s��a��� ��� ���� g���;� ���������,� �o ��ch o� the �aunic- ipaiities which is then a party to this Agreement. 5.04 The board may be dissolved on unanimous agreement of all the ���i��P�����tes. Upon dissolution, all assets og the bo�rd shail be sold and g�e p�oceeds thereof, together with money on hand after payment of obliga- �io�as, s�aail be distributed to eacki mu�nicipality in proportion to the pay- ments made by said municipality to the total payments of all municipalities. 5.05 This Agreement may be amended by unanimous agreement of said muni- �ip�li�ies. Arsendments shall be evidenced �y app���riat� re5olutions of the governing bodies of each of said municipalities filed with the board and shall, if no effective date is contained in the amendment, become effective as of the date all such filings have been completed. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on this day of , 197 . - 7 - . � , ' 1 � � � MEMO T0: FROM: � C�t o Y�d'le � � -ANOKA C�UNTY 6431 UNIVERSITY AVENUE NE CITY COUNCIL ACTING CITY MANAGER DATE: DECEMBER 18, 1970 � SUBJECT: SEWER RA,TES � �! � 560-3450 �� FRIDLEY, MINNESOTA 55421 The cost of disposing of sewage for the year 1971 wi11 be higher than it has been in the past. While we feel the bill the City received is in error and sub- stantial adjustments will have to be made in the bill, the cost will undoubtedly be higher than it has been running in the past. � A survey of eight surrounding communities z'�veals that about half of them intend to raise the rates, but have not decided on the rate change at this time, and about half have no definite plans at this time. The question at this time is whether the City should adopt an interim rate schedule effective January 1, ' 1971. This would be used until such time as the amount of the sewer bill is finally determined. , ' , r � The financial integrity of the utility fund should be maintained so that necessary repair and maintenance of lines, etc. can continue. We will not know the exact amount the rates should be increased until such time as our bill is finally determined. In any event, a rate increase will be needed. I would suggest to the Council that consideration be given to authorizing the administration to prepare a sewer rate schedule, effective January 1, 1971, with rates 50% higher than the current rates in effect. This would raise approximately $130,000 additional per year. It would also put our rates at one of the highest levels in the area. When more informa�tion is known concerning the final outcome of our bill for sewa;e disposal, the rates would re adjusted again at that time< If the Council concurs in this recommendation, the resolution will be prepared for Council action for the first meeting in January. m � � � � � CITY OF FRIDLEY, MINNESOTA 4 C7 MEMORANDUM N0. DATE: SUBJECT: CITY EMPLOYEE & EQUIPMENT USE POLZCY REFERENCE: City Memo #1-68 Overtime Policy City Memo #3-70 Overtime Policy 1. PURPO5E The purpose of this memorandum is to set forth the policy with respect to � reimbursement to thP City for funds expended during and after any recreational contest or activitp held on public or park property, rnd to set forth the policy for activities City personnel may participate in. ' ' 2. ��dTH�big��°1D Id�E A. City Employees are authorized to work �nd assist in any City sponsored or co-sponsored event held within the City of Fridley. The followinq are exaanples of City sponsored or co-sponsored events to date: � 1. Hockey playoffs and tournaments 2. Football playoffs and tournaments 3. Softball playoffs and tournaments � 4. Basketball playoffs and tournaments 5. Baseball p�ayoffs a�nd tournaments 6. Special City-wide event specifically approved by the City Council Resolution. B. The above a�tkiletic events which the City participates in are further delineated below: 1. Playoffs a. City Wide b. District c. Regional 2. State wide Tournaments* a. Invitational b. Open c. State � Admission is charged for the State Tournament. The revenue to go to the Athletic Association or authorized co-sponsoring organization. Expenses to be borne by the Athletic Association for a Tournament include: a. Officials b. Personnel - Ticket takers, ushers, police etc. c. Facility rental charges d. Scoreboard & public address system e. City manpower and equipment time ' , � , , , � , i � ' ' 1 ' � � � � MEMORANDUM NO. DATE Page 2 C. At the present timea �k�� Ci�y �upports the xegular sea�on p����¢as along with the particular athletic associations of Fridley. T'he City provides the following s�appo�t via a�reeznent in wxiti�ng. 1. The City provides: a. �. c. d. e. f. g• h. i. J- k. Playing rules and regulations Length of gaanes Conduc� requirements Division and ages Officials Scheduling Es�uipmen t Eaca�lities Maintenance Publicity and promotion Other City manpower as required 2. The Association provides a. Coaches and leadership b. Fund raising campaigns c. Clinics & seminars d. Officers 2. PZayer equiptnent f. Banquets NOTE: Written agreements are on file in the Parks and Recreation offiCe files with the Hockey Association of Fridley and the Fridley Youth Football Association. Both dated November 1967. No agreements exist at this time with any groups in basketball, sof tball and baseball. 3. RESTRICTION ON USE A. City Fhiployees and equipznent are not authorized to participate in any manner at City expense in any recreational contest�- or activity not sponsored or co-sponsored bv the City of Fridley and outlined above or for which express approval has no� been given by the City Council... The Parks & Recreation Director is to keep the City Council infora►ed of all Tournan�ents and special �vents to be held on park property. B. City IInployee and equipment are not authorized to participate in any manner at City expense in any recreational contest or activity sponsored by any of the following groups or agenci.es without express City Council permission: l. Non-governmental 2. Profit or Non-profit 3. Private C. Carnivals are not considered an authorized activity for which the City contributes men or equipment. 4 % MEMORANDUM N0. (� � DATE Page 3 4• REQUESTS A• Requests for use of City Employees and equipment should be made in writing three (3) weeks in advance of event to the City Manager. 5. AUTHORITY A. Only the City Council can authorize the use of City Employees and equipment. B. The City Council reserves the right to disapprove any requests when con- sidered in the best interest of local government. 6. PAYMENTS A. Sponsoring organizations shall pay their share of the City IInployee and equipment charges within a 30 day period. FOR THE CITY COUNCIL JACK O. KIRKHAM MAYOR Approved by Parks and Recreation Commission Approved by City Coun�il .................... C • � RESOLUTION N0: - 1970 A RESOlUTION AUTHORIZING THE CHANGING OF THE �UDCET APPROPRIATIONS WITHIN THE GENERAL FUND WHEREAS, The City Council has previously authorized certain expenditures beyond the budgeted amounts allocated to the various departments of the City's General Government not previously anticipated in the 1970 Budget. NOW, THEREFORE, BE IT RESOLVED, By the Council of the City of Fridl�y meeting at a regular session on the 21st da�y of December, 1970 as follows: 1. That appropriation for the following activity be reduced as follows: Planning Civil Defense Street $ 1,100.00 5,000.00 10,000.00 TOTAL 16,10 . 2. That appropriations for the following activities be increased as follows: City Council Legal City Hall Hospitalization s 5,500.� 6,000.00 2,000.00 2,600.00 TOTAL $16,100.00 PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF , 1970. a�yor - ac . r am ATTEST: � .�, . � , . i . � � . � ����� � � �� ewo�� cou��Y ,��, ;. � .; ._,,;�;:,; . �;�•:: ; i 6431 !�RlEVE�SBT� l6VEFIUE NE ��m���o �� !�R@���v, ����9���G� ��921 ��T� �OtP1�T�IL ' T�iB1�%1 C o �RiJIVS�LL � �C`T�idG C�:�' �E�A��It DECEP�ER 17, 1970 �.�G�J� �I�OPOSAL IN REF��N�E TO S�A1'E GUARANTEE OF ��� ���� ISS�S �iD S�IORT0TE�1 F'INANCING �P�c� ����e�� � � ��in� ��,�� �a�aa�.c���b��� �o c�s� � e�ail ���b�� �s� ��� ��b����s of "S���e guar�ntee of local bond issues" �nd "Short-t�rm £in�nc�ra�°B, Th� specific proposals and the League°s expl�na�i�n of the preoposals are on the next two pages. I reeomcnend favor�ble action on the short-term financing proposal. ' �J 1 Propaaed Additions to Municipal Policy and Legislative Proposals ' of the League of Minnesota Municipalities , ' ' ' Each iteffi sh�aald be ����d on se��r�tely on the enclosed postcard ballot.• State Guarantee of Local Bond Issues� An unduly la�ge percentage o£ Minnesota municipalities ha�� box�d ratings which result ia� ia�terest rates approaching legal limits and which make their obligations gener�l�y ineligible for the portfolios of banking institutions. The League reco�mends legislation which would place the full faith and credit of the state behind the general obligation bond issues of all local government units. Such a program would be an effectfve and immediate �me�ns oi all�eviating the aitustion. In order to pay any delinquencies or deiau3ts,�an �n�urance fund should be created and financed by a uniforen a�se��ment not to exceed 1% of the particular bond iasue, against those issuers of bond8, eaho wish the state to guarantee their obligationa. ' Short-term Finzncin�. Minnesota municipalities are severely hampered by limited means of short-term borrowinge Presently available alternatives lack flexibility and are otherurise restricted as to use and manner of issue. The League recommends legislation which would authorize municipalities ' to establish limited lines of credit with banks whereby local units could directly borrow amounts for a p�riod of up to three years without voter approval, except where the amaunt exceeds one per cent of the assessed ' valuation of the municipality, in which case a referendum would be required upon filing of a requisite petition. � ral 11/18/70 ' � � r ' � � �� Comments on Proposed Policy Additions 52 State Guarantee of Local Bond Issues� The irst pronosal is a recommendation that the state place the full faith and credit of its taxing powers behind the general obligation bond issues of local government units� In the past year and a half, some municipalities both outstate �nd in the Twin Cities axea have found that money for their capital needs has been both difficult and expensive to obtain. It seems probable that the state guarantee would improve substantially the bond ratin�s fox these municipaliti.es, resulting both in improve�' marketability of the�.r bonds and in considerable interest rate savings. While there is no history of defaults on Minnesota municipal general obligation issues, the insurance fund included in the proposal will serve as an additional safeguard against delinquencies or defaults, so that the credit of the state in no case would be impaired. An important feature of this proposal is its voiuntarv nature. Participation in the state guarantee program would be at the discretion of the municipality. Each local unit would continue to have9 within its statutory limit, the freedom to undertake its own financing� and in no case would review by a state agency be made under this proposal:, Short-term Financing. The second proposal would give municipalities additional flexibility in short�term financing, allowing them to establish limited lines of credit with banks. Apart from the discretion which a prospective lender may be expected to exercise, the proposed authority would be restricted in two ways. First, a three-year time limit is proposed. Secon�, instead of specifying a dollar limitation, the proposal includes an altternative which allows for the differing financial conditions of municipalities. Similar safeguards have proved very workable, as i.n M.S.A. 412.221 Subd. 2 tconditional sale contracts, contracts for deed.) and M:,S.A„ 412�301 (certificates for indebtedness for purchase of emergency equipment). Both statutes provide that where the amounts involved exceed one per cent of the assessed valuation, the municipality must publish a resolution determining to proceed with the proposal and an election is required if within 10 days after publication a petition signed by voters equal to 10 per cent of the number of votes at the last regular municipal election is filed with the clerk� Of course, if the voters then reject the proposal, the community cannot proceed. On the other hand, if no such petition is filed, the municipality is free co make the contract, etc. As you are probably aware, the practice of issuing warrants - the one really useful short-term financing alternative available to most municipalities - has been criticized in recent years by the Public Examiner and the Minnesota Bankers Association. In 1969� a bill was introduced in the legislature to prohibit the issuance of warrants and it is possible that a similar bill will be introduced in 1971. If warrants are to be outlawed, then a satisfactory substitute must be provideda Discussions with the above groups have indicated that they would favor the proposed short-term borrowing authority. ral 11/18/70 ' � , � , OFFICE PHONE 421-4765 , S , ' I � I �� ' ANOKA COUNTY DEPARTMENT OF HIGHWAYS ANOKA, MINNESOTA 55303 E. J. IUNDHEIM, Highway Engineer December 4, 1970 Mr. Homer R. Ankrvm, Manager City of Fridley 6431 University Avenue N.E. Fridley, Minnesota 55421 Dear Mr. Ankrum: COUNTY StiOP 421-5920 The Minnesota Department of Highways is proposing the instal- lation of a traffic signal at the intersection of Trunk Highway No.47 and County Road 132 (85th Avenue N.��?.) at or near the common boundary of Coon Rapids, Blaine, Spring Lake Park and Fridley. The cost of the project is estimated at approximately $40,000.00. The Minnesota Department of Highways will finance and pay for half the cost or about $20,000.00. Anoka County will participate in half of the remainder or about $10,000.00. The remaining approximate $10,000.00 has to be financed by the local municipalities. 4Te are requesting that you municipalities of Blaine, Coon Rapids, Fridley and Spring Lake Park come to an agreement as to how to divide:- 1. The approximate remaininb �10,000.00 construction cost. 2. The cost of electric po�oer for signal operation. � 3. The cost of maintenance performed by the Minnesota Depart- ment of High�vays. It is requested that A;reement be arrived at as expeditiously as possible so that the project can be prepared for letting. Yours very truly, / . ��/ I, � I � � `�1K�� L1{ L J..Lundheim, P.E.. ounty Engineer EJL:lp cc: Coon Papids Blaine Sprino Lake Park ��.+u 0 � ,�N� CITY OF �..- , �._ ,� . -,.- ty�^z f e , � � C�ON RA4►DS THE CITY OF COON RAPIDS ' 1313 COON RAPIDS BOUt"VARD COON RAPIDS, MINNESOTA 55433 . - 612 755-2880 December 8, 1970 Mr. E. J. Lundheim, P. E. . � County Engineer � � Anoka County _ - Department of Highways Anoka, Minnesota 55303 Dear Jake: � 0 � �c� In reply to your letter of December 4 regarding the proposed instaliation of a traffic signal at the intersection of T. H. 47 and 85th Avenue N.W., I have the following comments . This intersection is approximately 600 feet east of the Coon Rapids City limits as measured along 85th Avenue and approximately one-fourth of a mile as measured southeasterly along T. H. 47. Because it is outside the City limits of Coon Rapids my immediate reaction is that there is little justification for this City participating in the cost. While it is true that 85th Avenue will serve as a major entrance into the Evergreen Industrial Park and the industrial property of the Burlington Northern Railway; there may be some question of the legality of the City expending money for a purpose of this kind outside the City limits. Because none of the intersecting streets are city. streets, but rather trunk highways and county roads,� it would seem that the cost would more logically be divided equally between the state and county highway departments without any local participation at all. . Don't let these immediate reactions give you the impression that I have a closed mind on this beubject; if you want to call a meeting of ail parties concerned, I wou?d/happy to attend or have a representative there . ' Very truly youurs, � � � . �-�� ,c� '�-` ` /. K. Cottingham JKC:in G---, - i Mana er tY 9 cc: Dave Lissner � �Marv Brunsell TWIN CITIES FASTEST GROWING SUBURB � !"Richard Krantz COUNCI�-MANAGER GOVERNMENT Orren Fricke .� � � - LJ , , �1 i � ' � � ' � � � . a � 8 Q �� � ��� ��� dWOKA CQUPI°fY 6431 UNIVERSITY AVENUE NE December 15, 1970 Mr. LeRoy F. Regel 3875 Central Avenue N.E. Fridley, Minn. 55432 Re: Sanitary Sewer Easement Dear Mr. Regel: ::nU-"15fi; FRIDLEY, MINNESOTA 55�21 As �ras discussed on Saturday, Dece�ber 12th, it has been determined that tiie City will need a 15 foot easement off tiie back of your lot and a 5 foot easement off the Northerly edge of your lot. We will recommend to City Council that the City pay you $ 200.OQ for tii.ese tw�o easem�nts. We will replace any and all sod and trees damaged during the construction of the sanitary sewer. This replacement will be accomplished during the spring of 1971 and the sanitary se�rer will be installed within 30 days of this date. We again want to repeat that areas outside the pro— � posed easement will probably be damaged; hDGtever, we urould cer— tainly replace the sod and trees,if any, on this area also If these terms are acceptable to you and the amount ' seems satisfactory, please advise this office prior to Monday afternoon, December 21st, so that City Council can act accordingly. , 1 � � � NMQ:ob Yours very truly �� c���.,�.� 1'�( - ����.�,�� NASIM M. QURESHI, P.E. City Engineer-Director of Planning �� sso-34so ,�F � �if o �i��e � � 6431 UNIVERSITY AVENIJE NE Mr. Alfred M. Jensen 5887 Central Avenue N.E. Fridley, Minn. 55432 Dear Mr. Jensen: ANOKA COUNTY �RIDLEY, MINNESOTA 55421 December 15, 1970 ke: Sanitary Sewer Easement As was discussed on Friday, Decem6er llth, it iias been determirted that tlie City c,rill need a S foot easement off the Southerly edge of your lot. We wili recommend to City Council that the City pay you $150.00 for tIiis easement. We will replace any and all sod and trees damaged during tIie construction of the sanitary sewer. This replacement will be accomplished during the spring of 1971 and the sanitary sewer will be installed within 30 days of this date. We again want to repeat that areas outside the proposed easement will probably be damaged; however, we would certainly replace the sod and trees, if any, on this area also. If tizese terms are acceptable to you and tIle amount seems satisfactory, please advise this office prior to Monday afternoon, December 21st, so that City Council can act accordingly. Yours very truly � , � ��-�--� �-t . �,��c�. . NASIM M. QURESHI, P.E. 1 City Engineer-Director of P lanning Nl�q : ob . � ' , ��' - V . _. . - � � \ - %" N � � ,5'� S o ; . . �� o ` �.. �� I ---- - �. � � . � , - � --- -- ---- - - -- ---- ._ . .__ - — - . . � : - -�----�- r- �— - -- --- -�---}��-'=_-----�-!, ' ' - ' — �-- _ � , j� � ��.� �o.� . �. -� ���.50 , 7e�, , I. _ l. �� � . - ,_ i ` :�. I � i � . 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" ... . . ......... .......... ..T.. .... , ....................... ............ .... " ............ ... .................. � ............ . .. , ...... ... .. .. .. .............. .. .. .. ... .. ... .. j..:::::�:::::� ... ................. ..... . . ' ' ' � � 0 l.,c't o �`Nid�Ce � � 6431 UNIVERSITY AVENUE NE ANOKA CJUNTY December 4, 1970 MEMO T0: City Manager, Mayor & Council MEMO FROM: City Assessor RE: Trade of Land at Jay Park Loweal Addition, Block 4 Plat #56652, Parcel #1280 L�._�. �� 560-3450 FRIDLEY, MINNESOTA 55421 I forwarded a memo to the City Manager and Council on November 13, 1970 stating that the owner of the above property wanted to give five (5) feet less so he would have a total of eighty (80) feet for his lot. The lots in the area are seventy-nine and eight tenths (79.8) feet. This would be giving him our twenty-six (26) feet for his fif teen and four tenths (15.4) feet instead of twenty and four tenths (20.4) feet. Mr. Brunsell told me this could not be accepted and felt the owner should pay for the additional five (5) feet. I have contacted him on this and it was agreed that he would pay, subject to council approval,�two hundred fifty ($250.00) dollars for the additional five (5) feet. He would also pay for sewer lateral for the entire eighty (80) feet. The remaining part of the agreement would stay the same such as the City assuming the cost of survey and real estate title transfer costs. � � �it o �Hid�e � � 6431 UNIVERSITY AVENUE NE ANOKA �.JUNTY November 13, 1970 MEMO T0: CITY MANAGER & COUNCIL MEMO FROM: CITY ASSESSOR . �� 560-3450 FRIDLEY, MINNESOTA 55421 � The Outlot that the City has north of Jay Park is 26' frontage. It was agreed to try to exchange that for the South 20.4' of the property between this Outlot and Jay Park. The property owner would then have a 75' lot. He felt that he should have an additional 5' so his lot would be 80'. This I feel is reasonable and would recommend to go along with this trade. � ' ' �. , �� �. 1 � ' � ' ' �` W ' r � "J '_, �v ' � ' ' ' � `;,��.�� � � $ f' �. ��.. � �y�� � 4 l� � 'T : �'yt _ . -- - _ __ _ �\ �.. � � <� . .. y a�w'- � m "�: . _. , . � ..... .. _ __---, ; ___ - -__ __---Y � � ' 7 _ _ . _ _ -- -__.____.1 I s � I _—.-.�.-.,..�,....,-.-�...,�.�__._.�._._'� '_._"'.'__ � � i� dr. � � y ci :. � 'w ,7t�� Il��.u::,� � �"- � . "�,. R ..al Ja.>,-� `w �'. •�., a ;m ,r t � :�: " �::`.+ 3✓ �{k, ' • �•;�' 'Z' �l EwF„z....,.�_� �t.��%`BxK��>d�, • �. �k's4�'i?�p n1 �� . 1 � � �� J.,:' �` - " J �� w :�. � t . � � .. ���'. �,,, � �� ,.a-r- w .�.s u 'P � . ,v .. :: . _ _._ '" � : _33w.rt.,.,�.�_.u�.� .— . ...." "-_' _ _ . _ _ ' �. . ;'s� 7.-,t,§?� ' > �:'. ... __ .: ._.._ ,',-. -.�,� . �. _ ', , ' ,, -s . +. - �'� _ F4.'r _. ':. K• 'i� .. . - 'i.. . . . . �C �'µ�.'C'+� � � . .. . . ' '.R � ' ..� - .. .._ , . . . . r: , '... � si,�. _�.. �'�. . . �.. . .��� ti, �� � �� -�� y 4 i,� ��r .Y a� t L� ,: � '� � _ � _ � i �� _ � \ ' � ; �:. . ` � t � " , `� i �. �• L 0 1 �----_ �:: � . = z �� � :.� � . ."'.' .., K M -ai-. ... __ i; � ' .: ` % . . __._..'__`_' _"�__�..�._..,"' .._„____"_'__'._.__._.__"�"�'_.3."`�:xz"'+Ni �_'_�___.a..-`".... T0: City Manager, Mayor � Council �RE: Trade of 26' of City land for 15.4' of land next to Park A. The brown area is the Outlot that the City �iow owns - 26' wide. ' B. The blue and red is the area owned by Mr. Nitschke which is 69.4' wide.. C. The blue area is 54.0' wide. D. The red area is 15.4' wide. ' E. The green area is our Jay Park. F. Mr. Nitschke is willing to trade the red area for our brown area. This would be a trade of our 26' for his 15.4' but would give us a continuous park area. �l � �!i'i i 1 -- ' � i ' L1 � �� � i. RESOLUTION 1Q0. � A RESOLUTION REQUEST�NG REi.EASE OF CERTA�N �tIGHT QF WAY FROM THE *QNNESOTA HIGHWAY DEPARTMENT ALONG �.I�€, ��47 EAST SERVICE ROAD NEAR 61ST AVENUE AND 57TH AVENUE INTERSECTIONS , WHEREAS the City of �ridley has been working with the Minnesota Highway Depar4�ment for the detachcnent of T.H. #47 Service Roads at 61st Avenue and 57th Avenue intersections since 1965 , � ' � , ! 1 , � � �� � WfIEREAS the City of Fridley is in the process of acquiring right of way for these.service road detachments, and, ' WHEREAS the release of some of the right of way along the existing T.H. �47 Service Road would facilitate City's acquisition of the right of way for the detachments, NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Fridley that the Minnesota Highway Department is hereby requested to release the right of way marked Parcel 1, Parcel 2 and Parcel 3 as shown on Exhibit A, B, C and legally described on Exhibit D attached herewith. ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS IaAY OF , 197 . ATTEST: CITY CLERK - Marvin C. BrunseYl MAYOR - Jack 0. Kirkham . �� ' ' �o � i� \ \ � 6 � • � � �, � � � � �l ^ � � _� � �X�/�/.% 62 0 �'� - -- � _ . . . ... � . .• ti - _- -- .. .� _ R' ... __--. _ -:-�-_" �=�: � .:. ...--=-� ._t _-.-'_�;---- =-�---. __..._ __' _ ��---° _-�-_ � � � � � � � r_�� _ �-`'i _F?L AG E ___ � ' - _ � _ _� ._ �,-, .� � _. � - � M . 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I . .`` .'. ' . �j % t" • . I 1\�. r�% ' .. _ . "" "'_'♦ r'�.�. . .. �I • � , . . i ,' / . . . . ; � • _ ii� • ' t � � ' • 1 � � j 'I • r` � , . . , , � . ' i ' � , . � � ' ' � , , � , � __ , . .3�"��� d � RESOLUTION N0. A RESOLUTION ORDERING PRELIMINARY PLANS, SPECI�'ICATIONS, ' AND ESTIMATES OF THE COSTS THEREOF: STREET IMPROVII�NT PROJECT ST. 1971-3 ADDENDUM N0. 1 " • BE IT RESOLVED, 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 th�t there be constructed certain improvements, to-wit: . . Street improvesnents, including grading, stabilized base, hot-mix bituminous mat, concrete curb and. gutter, sidewalks, storm sewer sy��em� and other facilities located as follows: 1. EAST.RIVER ROAD WEST SERVICE ROAD: South Line of.Lot 1, Blpck 2, • East River Estates to 59� Way 2. EAST.RIVER ROAD i�ST S�RVICE Y.OAD: . 61st Way Extended (North Entrance • of Robext Lewis Stevenson School) • �o River Edge Way , . 2. That the City Engineer, Nasim M. Qureshi, City FIall, griclley, Minn. is hereby authorized and directed to draw the preliminary plans and specifications and to tabulate the results of his estimates 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 eonnection therewith, or the financing thereof, and to make a' � preliminary report of his findings, stating therein whether said improvements are feasible and whether they can best be made as proposed, or in connection �•�ith �eme other i�provemer.*s (and ti:e estima*_ed cost as recommended), including also a description of the lands or area as may receive benefits therefrom and as may be proposed to be assessed. 3. That said preliminary report of the Engineer shall be furnished to the Council. � ADOPTED BY TH$`,CITY COUNCIL OF THE CITY OF FRiDLEY THIS � �i ' DAY OF v ':� �- ' , 1970. ATTEST: CITY CLERK - Marvin C. Brunsell MAYOR - Jack 0. Kirkham �.S � .. . � ' - " . ' � ' ' � ' , ' , ' � , �J RESOLUTION N0. J A RESOLUTION RECEIVING THE PRELIMINARY REPOF'L' AND CALLING A PUBLIC HEARING ON THE MATTER OF THE CONSTRUCTION OF CEIZTAIN IMPROVEMENTS : STREET IMPROVEMEN� PItOJECT STs ���71-3 A�DENmi11�i N0� � � WREREAS, the construction of cextain improvements is deemed to be in the interest of the City of Fridley and the property owners affected thereby. BE IT RESOLVED, by the City Council of tlie City of Fridley, as follows: 1. That the preliminary report submitted by Nasim M.�Qureshi, P.E., Citv EnQineer ' is hereby received and accepted. 2. That the City Clerk shall act to ascertain the name and address of the owner of each parcel of land directly affected or within the area of lands as may be proposed to be assessed for said improvements, and calculate estimates of assessments �s may be proposed xelative thereto � against each of said lands. ' 3. That the area pxoposed to be assessed for said improvements and each of them as noted in said notice are all the lands and areas as noted � in said notice: All of the same to be assessed proportionately � according to the benefits received. � 4. That the estimates of assessments of the Clexk shall be available for •, inspection to the owner of a�y parcel of land as may be affected thereby at any public hearing held relative thereto, as well as at any prior time reasonable and convenient. 5. That the City Clerk is authorized and directed to give notice of such Public Heaxing by publishing a notice thereof in the official newspaper of the City of Fridley and by mailed notices to all the property owners whose propexty is liable to be assessed with the making of these improvements according to law, such notice to be substantially in the form and substance of the notice attached hereto as Exhibit "A". . 6. T'Eiat this Council will m�et on the llth dgy of January , 1971 , at 7:30 o'clock P.M, at the City Hall in the City of� Fridley for•the purpose of holding a Public Hearing on the improvement noted in the , Notice attached hereto and made a part thereof by reference, Exhibit"A". , ' ' ' ' ADOPTED BY THE CITY COUNCIL OF THE CT.TY OF FRIDLEY THIS � j ^, � DAY OF r ' ' ��� � �� , 1970. MAYOR - Jack 0. Kirkham• ATTEST: CITY CLERIC - Marvin C. Brµ���ll �E ' � , OFFICIAL PUBLICATION CITY OF FRIDLEY , cEXHIBIT A) � NOTICE OF HEARING ON IMPROVEMF:NTS � STREET IMPROVFI�IENT PROJECT ST. 1971�3 ADDENDUM N0. 1 ' WHEREAS, the City Council of the City of Fridleyl Anoka County, Minnesota, has deemed it expedient to receive evidence pertaining to the improvements hereinafter described. 1 �iOW THEREFORE, NOTICE IS HEREBY GIVEN THAT on the llth day of Januarv ,1971 at L 30_ 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. ' ' �_ , �� � � . i � � � ' The general nature of Che improvements is the construction (in the lands and streets noted below) of the following improvements, to-wit: CONSTRUCTION ITEM Street improvements, including grading, stabilized base, hot-mix bituminous mat, concxete curb and gutter, sidewalks, storm sewer system, and other facilities located as follaws: � 1. EAST RIVER ROAD WEST SERVICE ROAD: South Line of Lot 1, Block 2, East River Estates to 592 Way 2. EAST RIVE�t ROAD WEST SERVICE ROAD: 61st Way Extended (Noxth Entrance o� Robert Lewis Stevenson School) to River Edge Way ESTIMATED COST . . . . . . . . . . . . .' . . . . . . . . $ 36}100.00 THAT THE AREA PROPOSED TO BE ASSESSED FOR SAID Il�ROVEMENTS IS AS FOLI,OjdS : For Construction Item above ------------------------------------- All of the land abutting upori said streets named above and,all lands within,.adjacent and abutting thereto. All of said land to be assessed proportionately according to the benefits received by such improvements. � That should the Council proceed with said improvements they will 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. �� � DATED THIS � DAY OF ! 'P`� , 19 �, BY ORDER OF THE CITY COUNCIL. MAYOR - Jack 0. Kirkham �-� % � �� �.l���� ��AL'a � ����I !��� �� h►� b•�,,�� �.�,hq -. % �►.-��"� •� ��� � L�r ,A �� 560-31: Cl t O �°Q��� � � ANOKA, COIJPdTY 6431 UNIVERSITY AVEPIUE NE FRIDLEY, MINNESOTA 55421 NOTICE OF INFORMAL HEARING BEFORE THE CITY COUNCIL JANUARY 11, 1971 AT 7:30 P.M. RE: East River Road Safety Program and Uther Road Improvements In The Area: Street Improvement Pro,7ect ST. 1971-3 The Public Hearing for Street Improvement Project ST. 1971-3 was held on October 13, 1970 before the City Council. At this hearing thexe were certain points brought out in the discussion which indicated the desire of the public to see some changes in the plans, basically to add one additional traffic signal. T}ae City Council instructed the Engineers to review the plans in the light of the comments made and investigate the possibility of adding one more traffic signal. The plans, with minor modifications, have recently been presented to the City Council by the Engineers including the incorporation of one additional signal. Attached is a copy of a sketch showing the different locations of the proposed signals. Council will be considering these plans again at their meeting of January 11, 1971 at 7:30 P.M. and they will welcome any comments from anybody interested in the project. JACK 0. KIRKHAM MAYOR �� O"�` _-a.=' "'��`���'�_C y � � V i'1 �'� O � M �Sfeg�cc 'N.1� . % .r�a � . ,N.'�S` 1��. - � � ` —, � / �- ' -" O�' --�* Rr, � 1 - I / � � � ' ��'�'---R t.�; � � � � ' / �i'' � P f, �' • ., �" > . � � � �J � �I a � � E., r ,2�- \ '� I � � \ r � .3 _ � n � / � F- � 11� " . -�^ ' i= ° � s .. . , � ' `{�' � � ;� / ,.f , _/ "'_ . -I ' J ,ti �v " n� -.---,. i i _ _1"�-� V � � _ �a . . . � �.I�- Y'��� " ; A "�l � � - � � c' T ti�--�C� ' ^'� _ _ � W .,:� ,� �'"��Z -- i - � .ti � _ � ► i_ _ - � i �P ^ . . { (,_�, . 4i y a . � L ,. r _ / ��: : �,�-�;;-_ a ' �, �'c� � `�� -� _ . t p � , � ' � `" . _ � J�, ; � F�_ v�,.• � t�� QpTRINITY > .._ > — �� � W � � � • ti �J • � ' "�.. � Y ; I 1 .. „� � f o _ — , .,,,. _. ; � i , N � � � ' � � , � '�fit !-r': �,�11� . �. ACI�/ i�?la�, j � � , � N. r4Ar �' = � . I _—�_' � f i - -_ � � �! ��T �- - � j � .� � � �, x�• ` ` I ��. _ '-, �: ' _� �, � . � �«—� ._..� I � _ _ • ; --� ,r� W r µ E �N-=� 0 � ~ �� - ���t - ti�.��. o - � ;� � 5 - T� � �� W L � � • U- [1✓ ' - .,: f-- �- _ s�uv�i . �' GE p � � � � ► ' � ` � - � ;� , - ; i ��/ j� J. I .�� — �/ � .. '_,._��' . � � /�, T a, - _ /3� � '• 1�� �1�1 ^ ��^,// -,c ATE AID - , , ! �� �.. _ _ � 2� J � � • f �, / �- _, ) E T. L� �i I S � �� � T�V�NSON�.; . � � -� \� � , - .. ELEM. �CH. . ,: _ , . > t � ('y� :� ` � � _ , Fr '"` � � - � `� � �♦y/'� `y r l., , � �� ��— .M / � . .. _ . �� � ����� � '� � � `�" • .$ . y yAR s T � � n f � �_l �' �r r-�EilJl+ � + L _ � � � . R��R � .< - � � ,`i5 v'� 1H?Y' � j ` �' . : . �E`S`r��` � � � - ---�-- � , ��� � � + � ��� � . � ��� 1�'''' �i n� ��`• �.�'~'' / � I� , � J , , �v ''��� / �, � �(, ` � �` .� �r Q ��" ���A �, ! � / _,i '� ' ��;,' �' 3 �' v % v �I � � o- � � v, i : ' . ' . ! � � RESOLUTION N0. A RESOLUTTON PROVIDING FOR THE APPOINTMENT OF THE FINANCE DIRECTOR AS ASSISTANT CITY MANAGER AND PRESCRIBING HIS DUTIES WHEREAS, the functions and administration of the City Manager's office requires assistance in certain areas during the normal course of business in addition to the need for continuity of administration during the City Manager's absence, NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Fridley that Marvin Brunsell is appointed Assistant City Manager and is authorized,empowered and directed to do all things that the City Manager would be authorized to do by Charter, State Statute or City Code during the absence of the City Manager, and is further suthorized to act for and on behalf of the City Manager on all matters that normally come under the direction of the City Manager's office as may be authorized by the City Manager during the Manager's presence. BE IT FURTHER RESOLVED, that Resolution No. 80-1970 is hereby repealed. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY ON THIS DAY OF , 197.1 MAYOR - Jack 0. Kirkham ATTEST: CITY CI.ERK - Marvin C. Brunsell !� ' Fire Phone 560- I 500 � � � , , F�°����y � �'��� �����m��� "�om.e of �aEeanafiona�' �ntfo2m ��a�c�in9 of �rzva�''ic�'s o�onzes„ 6431 University Avenue N.E. FRIDLEY, MINN. 55421 ' Memo To; � Memo From; ' Date , Subject . ' Honorable hlayor, and Councilmen Marvin Brunsell, Acting City Manager Robert S. Hughes, Chief, Fridley Fire Department December 4, 1970 Volunteer Firefighters The Officers of th� Fridley Fire Department, at their regular meeting on December 3, 1970, have recommended to the department 1 that the following men be accepted as volunteer firefighters on the department. Gary Thompson 260 Rice Creek Terrace, Fridley, Minnesota ' � Durl Smith 7525 University Ave. N. E. Fridley, Minnesota ' + It is recommended by the department that the m�n be accepted as volunteer firefighters as of January 1, 1971. ' , � - '�� `/�/� ,�` �����, :d� . - ,r�« ,�.�L ,, ' Robert S. Hughes, Chief ' ' • ' ' . . ' , �._....r:: . '. , �� Bus. Phone 560-3450 0 � C L A I M S 0 � 9 Genera2: #23808 through #23959 Liquor: #5086 through #5124 `�2 , LIST OF CONTRACTOR'S LICENSES TO BE APPROVED BY COUNCIL AT THE MEETING OF ' DECEI�ER 21. 1970 SIGN ERECTOR APPRO�VED BY ' Lawrence Signs Inc. 945 Pierce Butler Route � St. Paul, Minnesota By: Geo. I,awrence Bldg. Insp. Meyera Sign Service, Inc. 6416 Highway #7 ' Minneapolis, Minnesota By: Arthur G. Meyers Bld . Ins 8. P• Nordquist Sign Company � 312 Lake Street West Minneapolis, Minnesota By: Mr. Nordquist Bld Ins . 8• P � Brede Incorporated 2211 Broadway N.E. Minneapolis, Minnesota By: James Bratland Bldg. Insp. � Leroy Signs, Incorpo=ated 3101 North Second Street Minneapolis, Minnesota By: LeRoy Reiter Bldg. Insp. � Naegele Outdoor Adv. Co. Inc•. 1700 West 78th Street Minneapolis, Minnesota By: Mr. E. Ohland Bldg. Insp. � GENERAL CONTRACT08 � Advanced Heating � Air Conditioning 7805 Beech Street N.E. Minneapolis, Minnesota By; Maynard Edson B1�. I�p. � , � , � � � � � �� ESTIMATES FOR CITY COUNCIL APPROVAL - COUNCIL MEETING DECEMBER 21, 1970 Harvey Peterson Company 151 Glen Creek Road Minneapolis, Minnesota 55432 Appraisal for Water and Sewer Project �k93 Consolidated Container Corp, Dunkley Surfacing Company 3756 Grand Avenue N. E. Minneapolis, Minnesota PARTIAL Estimate No. 4, Street Improvement Project ST. 1970-4 PARTIAL Estimate No, l, Sanitary Sewer and Storm Sewer Improvement Project No. 100 Berglund-Johnson, Inc. Excelsior Minnesota 55331 PARTIAL Estimate No. 6, Water Improvement Project No. 95, Schedule B Comstock & Davis, Inc. Consulting Engineers 1446 County Road "J" Minneapolis,.Minnesota 55432 PARTIAL Estimate No, 1, Sanitary Sewer and Storm Sewer Improvement Project No. 100 from November 2, 1970 through November 28, 1970 PARTIAL Estimate No. 7, Water Improvement Project 95, Schedule B from November 2 through November 28, 1970 PARTIAL Estimate No. 14, Water Improvement Project No. 94 from November 2 through November 28, 1970 • _ _... . ��. $ 150.00 $ 12,534.43 $ 34,000.20 $ 33,786.00 $ 1,051.07 $ 1,598.89 $ 26.40 �R�IOs 1f�.. t�40 rRt►.. '1�4•e4i.. �y . ; i� � HARVEY P E T E R S O I�T COMPgNY �PPRAISALS � , , 151 Glen Cnek Ro�d . Minnt�poli:, Minnesot� 55�32 '� � -. . RfcEivEO � � ._ , 1C 1 HALL. SMITH J � & JUSTER �.•,•-.�,- �� i . .�:. I�`Ir. Wyman Smith � � �,•1• •�„-�,� � � � � 1050 Builders bcchange Bld. ' A�inneapolis, N1inn . � • DATE p��pT�pN ONR CREDIT "_�_ � Re; qppraieal� for City Of �ridley � . � IWater and Sewer Project #93 � . Consolidated Container Corp. #150.00 � � `� � � . ` . � � � _ __. _. _ _ _ __ _____ ___ __ ___ __ _._ _ __ . 1 _ 1 . -� 1 � .. _ . . 1 . � � . 1 � . � � . � ,� . � . , . , . :. 1 � . . ' � �� � MEMO T0: CITY COUNCIL L__I FROM: DATE: MARVIN C. BRUNSELL, ACTING CITY MANAGER DECEMBER 15, 1970 � SUBJECT: PURCHASE OF ACCOUNTING MACMINE � On November 16, 1970, the City Council authorized the Administration � to enter into a lease/purchase for an NCR electronic accounting machine. This lease/purchase would have resulted in a savings of over $100 per month compared to the straigh� rental plan which we are now on. The City Attorney and I, in looking over the form of the lease which was submitted, had some reservations about signing it. There was the possibility it could be construed as a purchase rather than a lease. The City Attorney recommended we advertise for bids for the machine even though the City Charter makes reference to the purchase of certain patented equipment.• I have no quarrel with this plan and it would certainly keep the record clear if we proceeded on this basis. We can then enter into an outright sales contract with NCR rather than the leasing company. The NCR sales contract will save the City more money as the interest rate is less, and the City would make lump sum payments rather than monthly payments, therefore, the average amount owing is less. The total cost to the City for the straight rental plan which we are currently under for a three year period would be $23,580.00. The total cost to the City for the lease purchase plan which was previously authorized, including the service contract, would be $19,850.43. The total three year cost to the City for the sales purchase contract plan would be $16,935.81, including the service contract. This proposal is the result of many discussions between NCR, the leasing company, the City Attorney and myself. The Council's action would be to authorize advertisement for bids for ore electronic accounting machine. OFFICIAL PUBLICATION CITY OF FRIDLEY ANOKA COUNTY MINNESOTA NOTICE TO BIDDERS NOTICE IS HEREBY GIVEN That the City of Fridley, Anoka County Minnesota, will receive bids at the office of the City Manager until 9:30 A.M. on the 31st day of December, 1970 for the furnishing of the following items and material. 1. Electronic Accounting Machine vrith programming and operator training for �he following applications. 1 2 3 4' 5; 6� 7 8' , 9; 10; 11 ', Payroll Accounts Payable Appropriation Accounting Special Assessments Revenue Posting Generai Ledger Posting Liquor Receipts Monthly Expense Report Monthly Revenue Report General Ledger Trial Balance Quarterly and Yearly Tax Reports and Pension Reports The City reserves the right io the following: 1. Defer acceptance of any proposal for a period not to exceed thirty (30) days. 2. Reject any and all bids and waiver all informalities or technicalities in any bid. 3. To accept the bid which it deems to be in the best interest or to be the most advantageous to the City. ' 4. To accept the bid which the City deems to be the lowest overall bid, including cost of forms and other related supplies. � � ' Copies of the specifications may be obtained in the office of the City Manager. Publish: December 16, 197Q QIARVIN C. BRUNSELL ACTING CITY MANAGER �� � 12/14/70 CITY OF FRIDLEY SPECIFICATIONS FOR ACCOUNTING MACHINE Electronic Accounting Machine complete with programming and operator training for the following applications: 1) 2) 3) 4) 6; 7) 8) 9) 10) Payroll Accounts Payable Appropriation Accounting Assessments Revenue Posting General Ledger Pos�ing Liquor Receipts Monthly Expense Report Monthly Revenue Report General Ledger Trial Balance SPECIFICATIONS - 100 Words of Electronic Memory (Ability to expand to 200 Words on Customer site). - External programming through program bar and Mylar program tape. - Magnetic Ledger Card with 20 words of alpha-numeric storage capacity. (260 digit capacity) - Automatic Electronic line find on Magnetic Ledger Car. - Electronic Add comnand standard feature. - Electronic Subtract command standard feature. - Electronic Multiply comnand standard feature. - Electronic Divide command standard feature. - All Electronic functions and program steps performed without console cycle. Console cycles only on keyboard entry and print commands. - Reverse entry key for error correction. - 26" Carriage with Split Platen. - Carriage driven by flu�d drive mechanism. - Full, flexible amount keyboard. 13 digit capacity. - 72 charac�er electric typewriter. (Universal typewriter with individual type sectors for each character, upper and lower � case.) �� - Complete Dollar Protection ($) fnr ch�cEc pM��e�tion, - Complete computer signal and status l�gh�s to r�onitor syst�m. - Automatic dating mechanism. - Ability to add punch card or punch tape reading. - Ability to add tape or card punching. r Complete programming and training provided by equipment manufacturer. - System complete with stand, cover, and cord. 0 � rti� �. - � ' 1 � � � � � ' _ ' , FIRE DEPARTI�IENT REPORT FOR� ivOVEPIBER 1�7� � Fire alarms January through November 30, 1969 ...... 396 Fire alarms January through November 30, 1�70 ...... 330 Decrease in alarms this year through Nov..... 66 Fire alarm� for November 1969 ...... 29 Fire alarms for November 1970 ...... 26 Decrease in alarms for hovember ...... 3 ALARI�IS Autos $ trucks Rescue F, lst Aid Furnaces House trailers Private garages Houses Chimneys Shed Appliances Rubbish Smoke in bldgs. Gasoline False alarms Faulty alarms Honest mistake Commercial Industrial TOTAL S 5 5 1 1 0 1 1 1 1 1 1 1 1 0 26 TYPES OF ALARh:S F� AVERAGE RESPONSE General alarms .... 20 average response... 16•8 Still alarms .... 5 average response... 3 Company alarms .... 1 average response... 11 Three of the alarms were in the Village of Hilltop. The garage fire was in the City�.of Columbia Heights. The call came in, as a garage fire on the corner of 53rd Ave. and Fourth Street. Both fire departments received a call, and both departments responded with equipment. As long as we were on the scene we assisted Columbia Heights in extinguishing tiie fire. The total loss from fire and smoke damage for the month of November was approximately $1,000.00. . The total loss from fire and smoke damage for the month of November, in the Village of I�illtop, was approximately $11,000.00. Two new Mobile fIumes and part of a third were destroyed by fire. These homes were on display. GVe received the call at 4:32 A.i�1. --We are of the opinion that these I�robile Homes were torched by persons unknown. , ' Two drills were held during the month with an average attendance of 21 men. , The regular meeting of the Fire Department tivas held Thursday November 12th witn 26 members in attendance. The regular meetin� of the North Suburban �Iutual Aid Association, �aas held Tuesday 1 November 24th at Anoka. Fire Preventien Chief Robert Aldrich, and the Fire Prevention Poster Contest winner from the schools in Fridle;-, were in attendance. The poster from � Fridley came in second in the Nort'.1 Suburban contest. � , � , On Monday evening November 30th, the officers of tlie department met tiait: applicants, wishing to become volunteer firefighters. Of the inen interviewed the offir.ers recommen3ed that Gary L.D. Thompson, and Durl Gray Smith, be approved for membership. The names i•;ill be submittecl to the members of the depar�tment, at the next regular meeting. MEETINGS ATTENDED: P-linnesota State Fire Chief's Policy F� Editing Comm. Chamber of Commerce Metro Paid Fire Chiefs Res�ectfully submitted, , ; , /j�"�/f(/l' 1 ,.y `V � V •V f �'�� / �� Y � �1.. ���� " Robert S. Hughes,,,'Chief �\ -- \ \ � • N �\ . 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' � N -. .__. _. � � w N O� v� .� o � . . 0 �� -�.\� n . \ ' m f��, ?-� l � .._- w W W V� W W � � � N N N N N Z- , � � v O� V7 O:cl ' . m � Q z 77 m � c a � `-i m Z O < N =3 � � � l� � 0 � . , ' . FIRE PREVENTION , Summary of Fire Alarms November 1970 , This Month Th i s Month Las _ Yea r Tota 1 ' Residential 0 5 32 Non Residential 0 Q 3 ' Commercial 0 1 4 Industrial 0 1 3 , Grass & Brush 0 6 72 'lst Aid � Rescue 5 0 z� Auto & Truck 5 9 67 False 1 p 7 ' Honest Mistake 2 1 . 20 Miscellaneous 9 4 81 ' _ Storage 1 2 $ ' Mutual Aid 0 0 3 Hilttop 3 3 ' Total 26 '29 330 Response: 26 alarms , ' General Al�rms 20 336 men 16.8 men/call � Still Alarms 5 15 men 3 men/call Company 1 11 men 11 men/call ' Losses for the month of November � Buildings -0- Contents -0- Auto & Trucks -0- � Hilltop Losseso Buildings $10,550000 Contents $100.00 - ' Total Losses for Year: Buildings $28,955.00 Contents $104,375000 Auto �. Truck $4,og4.00 ' ' � � .. Summary of Activities Buildings Inspected Reinspections Inspections other than buildings Burning Permits Requested By Inspector By Others Special Permits Total 0 rders I ssued 0 rde rs Comp 1 eted Illegal Equipment Written Warnings Verbal Warnings Complaints Fire Investigations FIRE PREVENTION This Month 60 5 8 0 0 0 0 73 15 � 5 0 15 16 2 2 Extra Activities: Poster Contest Schooi Program NFPA Meetings Mutual Aid Meeting - 3 hours Counseling - Boy Scouts Plan Reviews This Month Last Year 26 6 1 13 8 2 1 60 10 6 0 12 14 2 5 November 1970 Total 308 131 69 23 16 3 12 536 97 66 0 105 158 44 28 • __ _ _ _ _ _ . _ _ __ _ _ ' � 6-79 (REV.11-3-64) _ __ _ _ _ � ($tandard Form of the' Intemational Associotion of Chiefs of Police) (Copies uvoilable at Federal Bureau of Investigation, Washington, D. C. 20535) ' . � CONSOLIDATED MONTHLY REPORT POLICE DE,PARTMENT ' �,tY �,f _ Fridle� ti�o�,th of _ November 19 70 TABLE 1.--DISTRIBUTION OF �ERSONNEL Average Daily Percent Daily Average Daily ' f Numerical Strength Absence — Absence Temporary Details Average Effective Strength End o( �ame month Same month SamF month Same month Same month this month last yeat This month last ye:•ar This month last ye�r This mont last year This month l..nst montFi last year � 27 27 _8• 31 8. 56 13. 6 13. � 13.l�.4 T'otal personnr,l. ChiAf's office . � � , Records bureau . / � � Uniform�d forcE� . �� �v ' Detectiv� b�irera�i 3 3 � Trafflc bure�rni . � � ' � ........... . . . . . . ' _ �. First relief . . , �O �O . . .. • Second relie f.. � O � O , Thlyd rellef . . . � ` ' TABLE 2.--CHANGES IN PERSONNEL �ABLE 3.--DAILY AVERAGE PATROL STRENGTH 1. Present for duty end of last month . . . . . . . . . . � Same month �' � . This month last year ' 2. Recrulted durinq month . ..:: : : : : : : : : : : : : : � • . • . . 3. Reinstated duriny month . 1. Total number�of patrolrnen . ., �e �� Total to account for . . . . . . . . . . . . . . . . �� 2, Less permanent assiqnments (publlc ' ' � offices, cletical, chauffeurs, etc.) . . . 4. Separatlons from the servfce; 3. Less details to specfal squads or bu- �- . reaus (traffic, vice, patk, etc.) . . . . . (a) Volur.taty resiqnatSon . . . . . . _ � � ... 4. Avera�e daily absences of patrolmen (b) Retlrement on pension . . asslqned to G�[rol duty owinq to: (a) Vacvtlon, suspenslon, rest 7� Q 8 7� 51 (c) Reslqried wfth charqes pendinq days, etc . . . . . . . . . . . . . . . . . � � ' . (d) Dropped durlriq probat�on . . . , . . . . . . . . . . . • �� 1 � O� (b) SSck ar.d 1nJured , (e) Dlsmissed for cause . (f J Killed in line of duty . . . . . . (c) Tempotary details . . . . . . . . . . ' (y) Deceased . . . . . . . . . . . . . Total separations . . . . . . . . . . . . . . . O Total averaqe dally absences . . " � �� " � �� ' S. Ptesent for duty at end of month . . . . . . . . . 2 1 5. Avallable for patrol duty . . . . . . . . � �� � 7 1' � � u��} ' .� � � TA�l.E 4-- CRIME INDEX AND POLICE ACTIVfTY TREf�� CNANGE • OFFENSES KNOWN TO THE POLICE CURRENT YEAR vS. LA57 YEAR CLASSIFICATION OF OFFENSES V5. SAME MONTH V5. SAME PERIOD (PART I CLASSES) REPORTED OR ACTUAL ACTUAL THIS LAST YEAR LAST YEAR KNOWN UNFOUNDED OFFENSES YEAR TO DATE THISMONTH THISMONTH NUMBER PERCENT NUMBEF PERCENT la. MURDER AND NONNEGLIGENT MANSLAUGHTER 2. FORCIBLE RAPE TOTAL � a. RAPE BY FORCE b. ASSAULT TO RAPE • ATTEMPTS � 3. ROBBERY TOTAL 1 1' �"y- a. ARMED - ANY WEAPON 1 �- 1'�" ` b. STRONG-ARM • NO WEAPON , 4. AGGRAVATED ASSAULT TOTAL �" a. GUN �- b. KNIFE OR CUTTING INSTRUMENT e. OTHER DANGEROUSWEAPON d. HANDS, FIST, ETC. - AGGRAVATED 5. BURGLARY TOTAL 1'2 12 12b a. PORCIBLE ENTRY ," �p b. UNLAWFUL ENTRY • NO FORCE U Vn �. ATTEMPTED FORCIBLE ENTRY G � 6. _LARCENY - THEFT (except auto theft) �•� 1 31 46�} a. E50 AND OVER IN VALUE 7. AUTO THEFT 1'1 1 lO 72 CRIME INDEX TOTAL ib. MANSLAUGHTER BY NEGLIGENCE 4e. OTHER ASSAULTS•NOT AGGRAVATED 66. LARCENY, UNDER 550 IN VALUE 61 �1 PART I TOTAL �-2�- 2 1-22 I.LF2O TOTAL PART 11 INCIDENTS ... ... .........��� ......... .... ................ 1-OOO.... 1089 . . . . . . . . .. . . . . . . . . .... . . . . .. .�..?-�. �o.�. . � TOTAL MISCEILANE0U5 NONCRIMINAL CALLS . . �q TOTALCALLSFORPOLICESERVICE ......����•••••••••••••••••.•••••••••••�•��•�•�•``•• AUTOMOBILES RECOVERED � (A) NUMBERSTOLEN LOCALLY AND RECOVERED LOCALLY ............................................... (B) NUMBERSTOLEN LOCALLY AND RECOVERED BY OTHERJURISDICTIONS ................................... 7 — (C) TOTAL LOCALLYSTOLEN AUTOSRECOVERED ..................................................... 1 � (D) NUMBER.STOLEN OUT OFJURISDICTION,RECOVERED LOCALLY ......................................... 0 0 d i ' .: ` I TABLE 5-- VALUE OF P�OPERTY STOLEN A(�D RECOVERED VALUE OF PROPERTY ' VALUE OF PROPERTY VALUE OF PROPERTY TOTAL VALUE OF STOLEN OTHER STOLEN LOCALLY LOCALLYSTOLEN JURISDICTIONS VALUE OFPROPERTY STOLEN LOCALLY PROPER7Y RECOVERED OFFENSE STOLEN LOCALLY AND RECOVERED AND RECOVERED BY RECOVERED LOCALLY LOCALLY OTHER JURISDICTION ROBBERY 6 O� �O ' BURGLARY 1 r �� 1, �71. � � �2fl .�Z Q LARCENY 1 1 � � � OO AU70 THEFT _ � • �O � • OO '° TOTAL 22, 295 • 13 7246 .�4 7�46. g4 I TABLE 6-- OFFENSES CLEAREa �Y AEtREST year to date (include exceptional clearances) ' NUMBER OF OFFENSES PERCENT OF OFFENSES CLEARED BY ARREST CLEARED BY ARREST BY ARREST OF , � BY ARREST OF TOTAL CLEARED pERSONS UNDER 18 CLASSIFICATION OF OFFENSES TOTAL CLEARED pERSONS UNDER 18 (PART I CLASSES) LAST THIS LAST THIS LAST THIS LAST THIS YEAR YEAR YEAR YEAR YEAR YEAR YEAR YEAR , 1. CRIMINAL HOMICIDE a. MURDER AND NONNEGLIGEN7 NANSLAUGHTER � b. MANSLAUGHTER BY NEL•LIGENCE � � 2. FORCIBLE RAPE TOTAL `+ 2 2 � a. RAPE BY FORCE 1 � b. ASSAULT TO RAPE • ATTEMP75 3. R068ERY TOTAL 1' 1' ' o. ARMED - ANY WEAPON � � -b. STRONG-ARM - NO WEAPON 35 64 8 13 , 4. ASSAULT TOTAL l 1 a. GUN b. KNIFE OR CUTTING INSTRUMENT c. OTHER DANGEROUSWEAPON ' ' d. HANDS, FISTS, FEET, ETC. - AGGRAVATED / � � e. OTHER ASSAULTS - NOT AGGRAVATED �� o 5. BURGLARY TOTAL ? 26 2 16 � 2 1 a. FORCIBLE ENTRY z 1 2 b. UNLAWFUL ENTRY • NO FORCE �- � c, ATTEMPTED FORCIBIE ENTRY 1 ' 6. LARCENY - THEFT (EXCEPT AUTO THEPT) 1, (3 5C� i5 15 a. S50 AND OVER IN VALUE �-E- 381 l�.07 186 162 , b. UNDER 550 IN VALUE 7. AUTO THEFT � 6 � � GRAND T07AL (.,.�1 55� 2�-7 21"1 ' � _ �r_ � . , i . . _ t � TABLE 7-- PE�SONS ARRESTED, CHARGED AND DISPOSED O� DU�If�G MONTH �,�...a.. COURT DISPOSITIONS THIS MONTH ARRESTS PERSONS FORMALLY (INCLUDE RELEASED NO FORMAL CHARGE)' �HARGED ADULTS GUILTY ACQUITTED REFERRED TO ' UNIFORM CLASSIFICATION OF OFFENSES THIS OR JUVENILE '. MONTH OF ENSE LESSER OTHERWISE COURT � JUVENILES ADULTS TOTAL TOTAL CNARGED OFFENSE DISMISSED JURISDICTION 1. CRIMINAL HOMICIDE: a. MURDER AND NONNEGLIGENT MANSLAUGHTER b. MANSLAUGHTER BY NEGLIGENCE 2. FORCIBLE RAPE 3. ROBBERY 4. AGGRAVATED ASSAULT 5. BURGLARY • BREAKING OR ENTERING 6. LARCENY - THEFT (EXCEPT AUTO TMEFT) 1 3 1n 2 7. AUTO THEFT 2 G G 2 8. OTHER ASSAULTS (RETURN A- 4e) 2 2 2 � � TOTAL - PART I CLASSES ZO 7 �7 � n THIS YEAR TO DATE � �% 2 12 �- �'0A7 LAST YEAR TO DATE 2 L� 2 �-� 27 2C� J PERCENT CHANGE 9. ARSON 10. FORGERY AND COUNTERFEITING � 11. FRAUD 12. EMBEZZLEMENT 13. STOLEN PROPERTY; BUYING, RECEIVING, POSSESSING 14. VANDALISM 15. WEAPONS; CARRYING, POSSESSING, ETC. 16. PROSTITUTION AND COMMERCIALIZED VICE 17. SEX OFFENSES (EXCEPT 2 AND 16) 18. NARCOTIC DRUG LAWS 19. GAMBLING . 20. OPFENSES AGAINST THE FAMILY AND CHILDREN 21. DRIVING UNDER THE INFLUENCE � � " 1 � 22. LIQUOR LAWS i i � 23. DRUNKENNESS � 24. DISORDERLY CONDUCT ,- 1- 1' 25. VAGRANCY • 26. ALL OTHER OFFENSES (EXCEPT TRAFFIC) 1 � 8 22 30 23 17 1� !{. l TOTAL - PART II CLASSES THIS YEAR TO DATE ZO 22 2 �-^ �'n LAST YEAR TO DATE 8 226 b �6 1- 7 � � PERCENT CHANGE TRAFFIC ARRESTS TH15 MONTH PHYSICAL CUSTODY ARRESTS WARRANTSSERVED CITATIONS �SSUED TOTAL TRAFFIC ARRESTS AND CITATIONS z 2 2 Z ], b �. l. 1 67 68 68 63 1 3 I 1 8•79a (Rev. 10-21-65) CONSOLIDATED MONTHLY REPORT TRAFFIC SUh9MARY Police Department City of :'TiC1ejT Month of n i�:C V E�i;ibe Y' , 19 � � TABLE 1. ACCIDENT SUh1MARY This Month Year to Date This Year Last Year o�o r'hange This Year Last Year o/o Change _ �1 ` 3 i r;�" rC;" �3 Accident Total �ij `� Q �'�� � �u Fat�i 1 -�- 6 2 + PersonalInjury l !-r 21.� �j� _l_ Property Damage 3�. 23 -�-GS 3J3 �35 —1 Pedestrian � �- � � 6 r7� �,: ` TABLE2. ENFORCEMENTSUMMARY This Month Year to Date This Year Last Yeaz o�o Change This Year Last Year o�o Change Traffic Tota� � �6 C.7 —2 1099 �; �3 —: 5 Hazardous Violations �l L;-3 —72 �00 �07 —`'S Other Violations 1`j � 6 -i-6 277 �77 —?7 Parking 2� j* + 2; 7 1�1�. +�2 Dwi �� 1;. —5�' S� 1,5 -�-i_� Accident Arrests and Citations TABLE 3. CQMPARATlVE SUh�f.1ARY OF TRAFFIC AC�IDEt�TS This Month Year to Date This Year Last Year o�o Change This Year Last Year o�o Change Total Accidents •l -I-J� 5�� ��� ^3 Fatal Accidents 1 �' � 2 ' Peisons Killed ' Ik � , 7�' Injury Accidents Z� ' ' 'F'> �-1,'�% =�+ — —� Persons Injured 3i i�- TJ ���-c 1*�-� -_ Pedestrians Killed l -i � Pedestrians Injured 1 — 7 �-5 '"i� Hit and Run Accidents �� l_iT —"y �J �� 'fi Cle�red by Arrest -!- > F —�-7 •' — i Cleared - A'o Arrest 5 l�i —i� �:�7 �'-'- � �� " " �,7 —�3 Total Cleared 5 "�> >� . � , , ' . ' ' ' ' ' , ' , �. , ' ' � ' .' ' . . ' � TABLE 4. COMPARATiVE SUMMARY ACCIDENTS AND ENFORCEMENT (By�Hour of Day and Day of Week) Monday Tuesday Wednesday Thursday Friday Saturday Sunday Citation Citation Citfltion Citation Citation Citation Citation Acci- and Acci- and Acci- and Acci- and Acci- and Acci- and Acci- and Time dent Arrest dent Arrest dent Arrest dent Arrest dent Arrest dent Arrest dent Arrest Z 1 1 12 M 2 � . 1:00 ' 1 2:00 3:00 4:00 � 5:00 6:00 1 l 7:00 �- 8:00 1 9:00 1 io:oo 1 ii:oo 1. � 1 � 12 N �' i:oo 1 2 2:00 ]_ 1 � 1 � 3:00 4:00 �_ 1 � 1 s:oo � ; � � 1. 7- s:oo y �� 7:00 �. 1 -�- s:oo 1 w 1 9:00 - 10:00 ' � - � � 11:00 -- Note: °Citation and Arrest" column should include a�� traffic citations and arcests made during each hour period except parking citations. '- ' TABLE 5. COMPARATIVE SUMMARY OF ENFORCEMENT (By 'Violation) This Month Year to Date This Year Last Year This Year Last Yeaz o o Change ' �l �. ��� CC7 ^1'rJ Hazardous Violations Total '--- � l � ., �r 5z �+5 .-1� ' D1VI • � . 6 16 2��� ��5 -�6 Speeding 1 5 9 -�; 5 Reckless Driving � 2 3 ��, � 5 -�+ Cazeless Driving � � 35 °� r�5 ' 7Yaffic Signal . 2 5 31 39 -21 _ Stop Sign ' 3 1�. 2� -3'� . Other Regulatory Sign : . 3 5 -G.o : ' Improper Passing 1 3 � �' 9 - _' Improper Turning i �< < -�3 ' Right of Nay - Vehicle , Right of Way - Pedestrian Following Too Closely 1 ' No or Improper Signal � Improper Start from Parked Position , Improper Backing �o Zr, _►,; Improper Lane Usage . ' ' re to Drive - Right Failu ' r � ?L +'; ;' � � �'�% Defective Equipment 1 ^ ln �;? _��' Other Hazazdous Violation � ' �., � rvr ^.r . , 7 , ; <?_�r7 3 r I -� , Other Violations Total •, �._ �r ���T T C^ . �r 2 ,1 Parking Violtttion Total ' � � f... 0 MOTOR VEHICLE.S Mileag� Gas MPG iv'ovenl��er 19 70 F�cp�nse CPA'I C; ^��� gU.3 �•1 1�.3•03 '�5�, Unit# �0 1.�.� 5 21. 3 �•� 4. �5 . 034 Unit�# 1,.4 i_�c�� 2�_c.3 �a2 59.?1,. .c�: Unit� k� 25�;3 �r ` 9 �.5 224.3^ .o��' � . V • Ur�i.t� l�b 50�'6 650.2 7.� 3�0011 .ob? Unit� G7 3703 567.1 6.: 25500° ,059 IIn3.t�# 1�� C�517 85^,2 7.5 31�.5.76 .^4� 'Thia Month This Year