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11/01/1971 - 5844' ' � � � �I � � ' � � ' IJ �� � �� � u � JUEL MERCER - CO(JNCIL SECY. COUNCIL MEETING AGENDA 7:30 P.M. NOVEMBER l, 1971 0 CITY COUNCIL AGEIvDA - REGULAR COUNCIL_MEETITIG -_NOVEMBER 1, 1971 - 7:30 P.M. 0 PLEDGE OF ALLEGIANCE: INVOCATION; ROLL CALL: PRESENTATION OF AWARDS: Certificates �f Achievement: Tewolde Seyoum, Addis Ababa, Ethiopia. Rotary International Student Ada Tena, Cali, Columbia, American Field Service Student Certificate of Appreciation; The Reverend Henry J. Bergren APPROVAL OF MINUTES: � Regular Council Meeting, Oct-ober 4, 1971 Public Hearing Meeting, October 12, �1971 Regular Council. Meeting, October 18, 1971 ADOPTION OF AGENllA: VISITORS: (Consi.deratfon of Items not on Aoenda - 1_S rlinutes) REGULAR COUNCIL MF,ETING, NOVEMBER 1, 1971 PUBLIC HEARINGS: f 1. Continued Public Hearing on Consideration of the Adoption of an Ordinance Authorizing the City to Issue a Franchise For the Establishment of Cable Television Facilities Within the City of Fridley (Continued from October 12, 1971) i (COMMENT: See separate file folder for comments and sugge$tion on proposed CATV Ordinance) 2. Continued Public Hearing on 1972 Budget (Continued From October 18, 1971) OLD BUSINFSS: 3. Consideration of Second Reading of an Ordin.aLice Amending Chapter 23 of the Fridley City Code Regulating the Licensing and Manner of Conducting Dances PAGE 2 � � Pages 1 - 3 0 , REGULAR COUNCIL MEETING, NOV�MBER l, 1971 OLD BUSINESS (Continued) r • 4. Consideration of Second Reading of an Ordinance For. Vacation Request SAV ��71-05 of a Sixty Foot Wide Public Street, Utility and Drainage Easement Generally Located South of Gardena Avenue and West of Grace High School (Matterhorn Drive) �COMMENT: The Diocese has promised to give us the necessary right-of-way andeasement when Archbishop genz comes back from Europe) 5. Consideration of Second Reading of an Ordinance for Rezoning Request (ZOA ��71-05) by Real Estate 10, Inc. Generally Located at Hillwind Road in the 1000 Block CON�i1ENT: This should be done with the condition that he plats and also gets the sanitary sewer service problem solved) � E. Consideration of Fi_rst Reading of an Ordinance For Rezoning Request"ZOA ��71-06 to Rezone from R-1 to P,-2 (Doubl.e Bungalow) Ar.ea Generally Locuted on tfic S. E. � Corner of Central Avenue and 69th Avenue (Donald W. Reese)(Tabled October 18, 1971) � �� ' � � � 7. Con,ideration of Issuing a Building Perrnit to Cons�ruct a Salc-�s and Service Buildi.ng on Al1 0{ Parcel 4350 and 4360, the S-�me Bei.ng 7501 High�aay �F65 Pd. F. (Request by Viking Chevrc].et, j_nc.) (T4bled Octob�r 18, 1971) �COL�Pi1ENT: k'e have requested the representative of Viking Chevrolet= to be preserLt to explain their plans) PAGE 3 � Page s 4. & S Pages 6 & 7 Page s 8 & 9 Pages 10 - 12 . ■ 0 , REGULAR COUNCIL MEETING, NOVENIBER 1, 1971 OLD BUSINESS (Continued) � 8. Discussion Regarding Fireside Rice Bowl Liquor License (Tabled October 18, 1971) COMNIENT: City Inspectors made inspections on October 27th. Attached is a list of the modifications needed to meet the City Code) NEW BUSINESS: 9. Consideration of an Ordinance Adopting the Budget for the Fiscal Year 1972 10. Consideration of a Resolution Determining the Necessity of and Providing for a Tax Levy in Excess of Normal City Charter Tax Limits 11. Consideration of a Resolution Certifying Tax Levy Requirements For 1972 to County of Anoka for Collection PAGE 4 Page 13 Pages 14 & 15 Pages 16 & 17 Page 18 0 � RGGULAR COUNCIL N1�ETING, NOVEMB�R 1, 1971 NEW BUSINESS (Continued) � � 12. Consideration of Issuing I,iquor License, East River Road, to George D. Nicklow 13. Consideration of Issuing Liquor License, Shore4aood Lounge, to William A. Nicklow, George P. Kanavos and James A. Nicklow _14.. Receiving the riinutes of the Planning Commissi_on Meeting of October 20, 1971 15. Receiving the Minutes of_ the Special Ylanning Comriission Meeting of October 27, 1_97I r PAGE 5 � Page I8A Page 19 Pages 20 - 23 � Pages 24 - 27 ` REGULAR COUNCIL MEETING, NOVEMBER 1, 1971 NEW BUSINESS (Continued) + 16. Receiving the Minutes of the Building Standards - Design Control Meeting of October 21, 1971 0 17. Receiving the Minutes of the Board of Appeals Minutes of October 26, 1971 18. Receiving the Minutes of the Parks a197Recreation Commission Meeting of September 27, 19. Receiving the Minutes of the Parks and P.ecreati.on Commission Meeting of October 18, 1971 PAGE 6 Pages 28 & 29' Pages 30 - 33 Pages 34 - 3 pages 38 - � REGULAR COUNCIL NIEETING, NOVEMBER 1, 1971 NEW BUSINESS (Continued) r 20. Consideration of Request From Shelter Homes Corp. For Extension of a Special Use Permit £or a Model Home at Target Store Site CO�NT: We had proposed water and sewer improvement in this area and Target requested this del.eted froa: the project) 21. Receiving Information Regarding Receiving Grading Permission From the Village of New Brighton for a Temporary Road to Silver Lake Road from Innsbruck North COMMENT: We have requested that a representative of Viewcon be present to an}• additional information the Council may need) PAGE 7 Pages 42 - 49 � Pages 50 - 53 22. D�.scussion Regarding Approval of Agreement for Acquisition Pages 54 - 56 of Land From Lot I6, Block 5, Hyde Park Addition for T.H.�k47- 60th Avenue Sli_p-off (Kenneth Knapp)(ST, 1970-3) COMMENT:_ The Ci_ty Attorney will be available to comment on this agreement) . 23. Consideration of. Claim, Sewer Service at 5017 Clearview Lane Pages 5% - 5.9 - N.E., Frank Sarazin �:. . REGULl1R COUNCIL MEETING, NOVEMBER l, 1971 NEW BUSIN�SS (Continued) t 24. Consideration of Request to Extend Blasting and Crushing Permit (Park Constr.uction) 25. Discussion Regarding Approval of Agreement for Performance of a Transportation Study for Northtown Corridor (COMNIENT: Council had authorized $7500 for this study. With the insistence of Fridley's representatives, we (�ave been able to get participation from Minnesota Highway Department and the � Metropolitan Transit Commission which in turn will reduce our participation to $4500) PAGE 8 Pages 60 - 63 Pages 64 - 7� 26. Consideration of Resolution Approving Plans and Ordering Page 71 Bids for SS&SW ��105, Schedule B (COMMENT: Thi.s is for the work on the west si.de of Target for the day care center) 27. Discussion Regarding Columbia Heights - Fridley Joint Powers Act Page 72 , � . � , ' � � ' , ' � � � ' , , � � � ' REGULAR COUNCIL MEETING, NOVEMB�K 1, 1971 NEW BUSINESS (Continued} r 28. Receiving Up-to-Date Report on Repair and Impravement Project ��104, Locke Lake Dam 29. Claims 30. Licenses 31. Request for House Trai_ler Permit by �Medtronics, In.c. SCOMMENT; They have the trailer ordered so they dc not have the license yet) 32. Estimates 0 PAGE 9 Pages 73 & 74 Page 75 Pages 76 & 77 Pages 78 & 79 Pages 80 - 87 REGULAR COUNCIL MEETING, NOVEMPER 1, 1971 NEW BUSINESS (Continued) 33. COMMUNICATIONS: � A. Finance Director: Severai�ce Pay for On-Sale Liquor Emp•loyees 34. Consideration of Resolution Authorizing the Temporary Transfer of Funds From the State Aid Revolvi.*_ig Account to the North Park Capital Fund � 35. Consideration of Resolution to Advertise for Bids - Workmen's Compeasati_on Insurance 36. Consideration of Resolution Requesting State to I'ollow New City Precinct Boundaries ADJOURN; PAGE 10 Page • 88. Pages 89 & 90 pages 91 & 92 � THE MINUTES OF THE REGULAR COUNCIL MEETING OF OCTOBER 4, 1971 pLEDGE OF ALLEGZANCE: Mayor Kirkham led the Council and the audience in sayinq the Pledqe of Allegiance to the Flaq. INVOCATION: In the absence of a representative of the Ministerial Assxiation, Mayor Kirkham offered the Invocation. Mayor Kirkham called the Regular Council Meeting of October 4, 1971 to order at 7:45 P.M. ROLL CALL : MEMB�RS PRESENT: Kelshaw•, Kirkham, Liebl r�.MnF� p,ggENT: Harris, Breider APPROVAL OF THE MINUTES OF THE SPECIAL PUBLIC HEARING MEETING OF SEPTEMBER 13, 1971: '-' MOTION by Councilman Liebl to ad�opt the Minutes of the Special Public Hearing Meetinq of September 13, 1971,.ae presented. Seconded by Councilman Kelshaw. Upon a voice vote, all ayes, Mayor Kirkham declared the motion cazried. APPROVAL OF THE MINUTES OF THE REGULAR COZJNCIL MEETING OF SEPTIs7[SER 20, i971: MOTION by Councilman Kelshavt to ac3opt the l+linutes of the Regular Council Meeting of September 20, 19T1 as aubmitted. Seconded by Councilman Liebl. Upon a voice vote, all ayes, Mayor Kirkham declared the nwtion aarried• APPROVAL OF THE CANVASS OF VOTES NEETING MINUTES OF SEPTEMSER 29, 1971, FOR TF� PRIMARY ELECTION SEPTBi�I88R Z8. 1971: MOTION by Councilman Kelshaw to adopt the Minutes of the Canvass of Votes Meeting of September 29, 1971 for the primasy election September 28, 1971. Sevonded by Councilman Liebl. Upon a voice vote, all ayes, Mayor Kirkham dec3�ared- the aotion carrisd. ADOPTION OF A�G�: Msyor lCirkham said there Mae cae iten� to add as follws s 5n, Request by Naegels's for a dowble faaed siqn at 6031 tfiitreraity �• �lOTION by Councilman lGslah�v tv a8opt .ths. i1RJenda aa a�d. S�oo� blf - ' Counciln►an Liebl. Upot► a v�oice trote, all ayes, Msyor lGiskha�a d�olar�d t� motion carri�d. � ' REGULAR COUNCIL MEETING OF OCTOBER 4, 1971 VISITORS: Mr. Jim Gibson, Proposed Dance Ordinance• PAGE 2 Mr. Gibson said at the last Council Meeting there was an ordinance to requlate public dances proposed. Councilman Liebl moved to table this ordinance indefinitely. He said he had not had a chance to talk to Council- man Liebl yet, but he thought not passing this ordinance is tyinq the hands of the City Manager and the Chief of Police. This ordinance is almost identical to the State Statutes except for minor changes, one being that instead of the Police Department on duty taking care of any si.tuations that may occur, the person holding the dance would stand the cost of hiring a police officer. He would like to ask that Councilman Liebl remove this item from the table, and would encourage passage of the ordinance so there would be effective enforcement by the City of Fridley rather than using the State Statutes. He pointed out that since Councilman Liebl made the motion, he will.�i�ave to bring this item back before the Council. Councilman Liebl said there were two similar ordinances considered at the last meeting. One passed unanimously and was aimed at oontrolling gatherings such as rock festivals, the other was to regulate any public dance. Before this is discus�ed further, he said he would like to have a full Council present, and arlced that it be put back on the next reqular Agenda. He said he had a valid reason for his motion. He ielt that it would hurt the small buaine�sman by requirinq another $100 license. Viewcon: Request for Building Permits for Townhouses• Mr. Dick Schieffer, Attorney for Viewcon, said that the 20th of September the Council awarded the bid for tiie aewer and water construction work on the Vierrcon project, but part of tbe contract was deletad. He believed this miqht reflect a problem in qettinq access from the �ast fram New Brighton. The ptoject covers quite a larqe acreage and it is n�ece�sary to have access from several points. There ia still quite a bit o! work yet to be done, and he has found that the Administration feels that since the sewer and water construction in the townhouse area has been deleted, it would be improper to iasue the building permits for them. He said they do need to begin construc- tion before the freeze. The whole problem stems from the access problem with New Brighton, and they are w�orking very hard to qet this resolved. New Brighton has denied the road�iay construction usinq their excavation ordinance as authority and it is goir�q into District Court, so now they have to let the courts decide. He said he was very sure the oourts w�ould decide in their favor, althouqh, of course, the result of the litiqation is open. He did not feel that their access to the east for this project could be denied. Iie said Viewcon feels that they have met all the requirements of the New Briqhton excavation ordinance. He said they would like very much to build this fall before the freeze, and they have construction rnaterial to bring in from the New Brighton side. He said he w�ould like to ask for Council diz�ction in regard to the buildinq permits for the tawnhouses. It ia ta�kinq much longer to nec,�otiate for the roadway with D1ew Briqhton than expected, but they hope to have it sattled very Qoon. I�Y�or 1Cirkham asked how many building permita they a�re asking for. Mr. Chuck Vasi Eeckhout said tha first phase of the townhoue� is 100 units. H�,r many buildinq permits they will need in the next three or f�ur abaths is difficult RFGULAR COUNCIL MEETING OF OCTOBER 4, 1971 PAGE 3 to say, but he w�ould guess less than 50. Mayor Kirkham asked what the agree- ment with Viewcon stated. Mr. Van Eeckhout said that the agreemnent stated that the road was to be started si.multaneously with the multiple units, but the road would not have to be finished until the units were finished and ready to be occupied. He said he felt Viewcon could comply with that requirement, and that the roadway could }ae oompleted before the units w�uld be xcupied. The City Attorney pointed out that the aqreement provided that they post a c�apletion bond on the roadway and Mr. Van Eeckhout said they would do that. The City Attorney asked if New Brighton indicated that they r�ould approve a roadway going to Silver Lake Rpad aver a certain courae, would View�con be willing to accept that, provided that road provided a reasonable access, and �ouid Viewcon pay the cost. Mr. Van Eeckhout said they have o!lered in two letters to New Brighton to accept any roadway aliqnment that provided reason- able access. The�location of the road naw represents a 100� petition, if the alignment was changed thia may �t be true. By New Brighton's ordinance, there has�to be a 50� petition, and if the roadway was changed there �onid have to be special assessments levisd for that road. Viewcon has r�ot offered to pick up the assessments where the improvement is not entirely on their pro- perty, but where it is;�they r+ill. Mayor Rirkhara said that he would hate to do anything to jeopardize Fridley's relations with New Brightan, but he also wanted to live up to the aqreement made with Viewcon. The City Attorney said they could grant Viewcon's request provided that they understand perfectly that Fridley requires a satisfactory exit to the east and if they proceed with the construction, the City will not pezmit xcupancY until the access is available. Viewcon �ld be assuminq a considerable risk. Fridley's agreement with them states they ahould dedicate a perpetual easement, they aan do this and hav� agreed to post a campletion bcnd• He �ted to make very clear the risk�they would b+e takincJ. in case they could not qet a court order, or if they cvuld not reach an agreement with New Briqhton. With those thinqs in mind, the Council could qrant a limited amount of building permieta�ior the multiple unita. The City Enqineer said the City Council has already authorized isauance of scone building permits for the townhouses, but because of the concern in reqard to the access, they were withheld by the City Administration. If the Council so desires, the pern►its can be issued. He said they do have the easeatent doc�nents and Viewcon has indicated�that they will be able to supply the City with a bond. He said he too wanted to streas the point that the agreement states that the roadway must be completed before the townhouse unita can be occuPied• If Viewcon fe81s they can make the access available, the permits can be issued, with their understandinq of the rislc theY are taking. Councilman Liebl said that before the street can qo fn, the utilities must be in. The City Attorney said the utilities are caminq in from the Fridley side, and they aam be gotten in without the road into New Briqhton. r�� ded that access�fs� the east was a condition far rezoning and plan aPP 1�TION by Councilman 1Gelshavr to qrant peru►i�aion for the isauance of building permits !or 403 of the first phase of the teMtihouae development for vie�wcon, with the clear underatandinq bY Viewcon that oonstruotion can cemmence, but occupancy o! the tvwnhousea�eannot be qranted until the roadway into Nevr Brighton ia canpleted. Seaondecl bl► Councilman Liebl. REGUI.AR COUNCIL MEETING OF OCTpgER 4��,1971 - PAGE 4 Mr. Van Eeckhout said that there were six townhouse units per building, and 40$ would give them about 7 buildings�f He added they had sold eight units already. Councilman Kelehaw asked if,they.were satisfied with 40� and Mr. Van Eeckhout said yes. Ti� VOTE upon the motion, being a woice vote, all ayes, Mayor Kirkham declared the motion carried. CounciLnan Liebl asked that the City Attorney be notified as soon as there is any action taken in regard to the ra�adway. The people were told at the rezoning hearing that the road w�uld be on Viswcon's land and there �au1d not be the traffic..on.their roads. Mr. Van Ee�khout said thay were very concerned about the balance of the utilities. They are qoinq to have to be put in no matter what the land is used for. If Fridley feels it is desirable to extend the courtes�, to their neiqhbor and riot award the rest of the utility aMard, he would ask that the balance be awarded et least before the year is out. The City Engineer said, as tlie Council wj.11 recall, they withheld that p�rtion to be built within the tq�s�house.and �ltiple area. Zf they are holdinq that section, he did not se�t aay sen�e in qiving buildinq permits if the utilities are noic available. Since the Council wishes to give out the building permi.ts, then the utilities will have to be put in. He suqqested that that portion of the contract be considered at ��he next reqular a►eeting and in the meantime, the City Administration w�uld again talk to New Brighton. Mr. Van Eeckhout said that a two week delay was all riqht with them. The City Engineer asked that Viewcon submit their request in writing. CONTINUED PUBLIC HEARING ON 1972 BUDGE'P: I�TION by Councilman Li.ebl to coati�e the public hearing on the 1972 budqat to the meeting of Octobex 18, 1971. $eoondsd by Councilman Kelshaw. Up+pa a v�ofoe vote, all ayes, Mayor Kirkham declared the motion carried. 1970-1 t (SIDEFATiK ON OSBORNE' RQAD FRQMa STHaSTR$F'j� Tp��S )��� The City Enqineer said this work involved installinq a sidewalk on Osborne Iioad frqm 5th Street to the shoppinq center area by T.H. �65. The iv�o,rk was dono as the City felt there was a need for the aidawalks in thi� area; Mayor Kirkham.asked if there wa� anyone present to speak on this assesss�n�, with no response. , MOTZON by Council.man Liebl to close the public hearing on the assessment roll for Street Improvea�ent Project St. 1970-1 (Sid�alk on Oaborne iZoad fromA 5th Straet to T.H. #65). Seconded by C�nci].mAn Kel�haw, Upon a voice vote, all a1y4s, Mayor Kirkham declared the motion carried. PUBLIC H$ARING ON REZONING RE4UEST BY DONALD W REEc,�E (Zp,A #71 06) Tp gEZpNE FRQI�i R 1 TO R 2 (DOUBLE BUNG�AI.OW) ARF.A GENERALLY LOCATED ON TH8 S. T. CORNER OF CENTRAL AVENUE AND 69TH AVENUE: • Mayor Kirkham read the public iiearing notice and the City Enqineer showsd the area on the overhead projector, and said this location is on the southeaat corner of Central Avenue a� 69th A�venue. The discussion by the Planiaing C�ission is in the Agenda and their recommendation is for denfal. The applica8t requested this puiSlic hearinq. � COUNCIL MEETING OF OCTOSER 4, 1971 PAGE 5 Mr. Blaire Edmundson, 10152 Butternut �t. N.W., Coon Rapida, said ha rep- resented the seller. Mrs. Anderson is sellinq the property, because eince 1967, she is a widow and has tried to se21 the property as the taxea are hiqh and the property is not producing. With industrial property across the street trhe property did not mo�ve. He pointed out there was also sce�e aaranercial to the west, makinq this an undesirable location for a sinqle family reaidence. Under these circumstances, he said they feel that a�uble bungalow would be the best uae, with re�idential to the �aat and south of them. He pointed out there was heavy traffic on Central Avenue and 69th Avenue. The taxes on thia pieca at property have bee� $530, including assess- ments and this is too m�h of a burden to her. CounciLsan Liebl said that he believed Lota 17, 18, 19, and 20 to the east were residential lots, a� asked what was on the lots west of there, across Central Avenue. Mr. Edmundson ea.id he was correct about the lots to the east and said the lots acros• tha street to th� west �re owned by Medtronica and� are presently zoned residential. 8e added that to the north is Onan� and to the south, the creek, with one residential lot in between. Mrs. Sharon Baker, said ahe�l�ra� representing both the buyer and the se3ler in this issue. They felt this Mould be the be�t usaqe of the property in order to dispose of it. The double bunqalow would be in the 540,000 bracket, ayad w�ould be a very unique buildinq. She caid a$40,000 dpuble buaqalow would be about mqual to two $25,000 homes. Sh� said this double bungalaw Would repreaent an increase in taxea received by thQ City of Fridley and that the $530 in taxes and assessments is �t burden that Mrs. Anderson can no lonqer besr. She felt thig �rould be an improve�oent to the area and would open it up for aore developaent. Councilman Lie�l said that before the Council co�its itself, tiwy must con�ider the vhole area, and ask the queation if there could be residential hoees in the area �rith Onans to the narth arid Medtronics to the ��t. Mrs. Hakar said that Lot�-1, 2, &-3A aaross tbe atreet ara ovrned bp Medtronics, a�d she kue�v tbey did s�c�ate in la�d, and it would be apoculation to que�s what it Mould be�us�d for in tha future•. Councilman Liebl �aid that before h� had to vote, he �ould like to sea v��re the houaQ �vould sit on the lot. Would it bs facinq 69th l�venue or Central Avenue? 3'his is a deep lot, �ul,d there be a lot split? b��. Baker said that the difficulty with a lot split is that the utilitiea are on the eaat side of Central Av�nue and they would have to get a pern�it froa Anoka County to tunnel under the �ad to bring the utiliti�s in for the south half of the lot. She said the buyer is aware of this. The building proposed would face 69th Av�nue and in the future they may put in ons on the �outh rnd of the lot facing Central Avenue. CounciLnan Liebl said the City did not have extensive acreage left, and what there is must be utilized to its best use. ' l�zs. Bsker said that�because of tl�a cost of preparinq aa.architectural drawing, they did not feel that would ba-wioe uritil they kneN��if the remoning �ould be approved. TLeir purcAas� agsee�b ia d�ted July 12th and is based upon the future re�oning and subdiviAing the�lot. She aaid she Nould.ask for an ' answor�as soon ac poaoible, aAd that they had hoped to have closed the sale by thia time. : , � REGULAR COUNCIL MEETING OF OCTOBER 4, 1971 PAGE 6 Councilman Liebl pointed out that the Planning CoamtisBion did have some heavy arguments against this rezoning. He said his vote woould depend on how much of an investment they would be making and would take into consideration the overall concept of the area. Mx. Edmundson asked if it would come up for,.a vote at the next regular meeting if they prepared a sketch showing the location of the building and �he lot split. Aiayor Ki.rkham said yes, the Council hears anyone that wishes to speak at the puhlic hearing, then it comes back to the Council at the next regular meeting for a decision. The City Attorney asked if the neighbors have been notified of the rezoning he�rinq before the Council. The City Engineer said yes, by letter and also published notice in the paper. Mayor Kirkham asked if there had been any objections received and the City Engineer replied, not to hia knawledge. Mr. Phillip O'Loughlin, 5387 Altura Road N.E.., said that he had Lot,E direatly south of the lot being discussed, and he had planned to build a nice home ix� there, but a double bungalow would devalue that lot too much. He questioned what if the lots just to�th,e east of Lot 16 wanted to split, would they not have to take some of his property for a road? Councilman Liebl said � of the road would come from Mr, O'Loughlin's property. Mr. O'Loughlin said that a road might be detrimental to Lot E. Mrs. Baker said those lot� face 69th Avenue and are 275' deep from the edge of the street to the back lot line. If there was a future lot split of these lots, which she did not think likely because t°.ta,e houses are set quite far back on the lots alrea►dy, there is an easement running north-sout.h five lots over from Central. She felt they would probably put in a cul-de-sac to a11oMr nice homes to be built, and thi9 would not interfere with any other property. She added that there is quite a bit of lo+► land on Lot E, and would not be considered very buildable, the double bungalow would increase the value of the land. Mr. O'Loughlin disagreed and said it would not. Mrs, Baker said she was speaking in tern�s of the terrain. The City Engineer auggested that the Council could consider allowing the double bungalow on the corner, then bave a house on the aouth �S of the lot which w�ould act as a buffer to Lot E. In that way the double bungalow w�puld act as a buffer between the industrial area across 69th Avenue and the residential lot ot the south. CounciLnan Lie�l said that they must consider the abutting Property owners and by qranting thi� request, it would set a precident. It would be a first step and the rest of the property may.be developed in this manner. He asked Mrs, Anderson if she just awned the one lot. Mrs. Anderson said yes, and explained that theix �e was taken in the tornado in 1965 and they had to buy another. She ha� had to pay the taxea on this lot snd maintain the ho�e she has and this added burden is too�.much for her. Councilman Liebl coam�ented then Mrs. Andereon's primary reason for asking for this rezoning was hardship. . 1"!r• Edmundson said he is a builder of residential hcmes, and a� a builder, he would not invest in this lot for a single tamily heape, becau�e the industry does de�alue the home. Mr. O'Louqhlin said that Medtronics and Qnans are not ordina�y industries, and are very nicely landscaped. Mayor iCirkham asked if the large parcel of land tA the �rth ha$ been yoned induatrial for a long tiae and the City Engineer replied yes, there has been no zoninq change in this area for soine time , He added that the lots o�med by Medts+eanics are nicely landscaped. ' ' ' REGULAR COUNCIL MEETING OF OCTOBER 4, 1971 PAGE 7 MOTION by Councilman Liebl to close the public hearing on the rezoning request by Donald W. Reese, ZOA �k71-06. Seconded by Councilman Kelshaw. Upon a voice vote, all ayes, Maypr Kirkham declared the hearing closed at 8:45 P.M. Mayor Kirkham info�ed the applicants that this will be back on the Agenda for , the Meeting of October 18th, a�nd added that i� w�uld be helpful if they could work up a sketch of the building on the lot, and the proposed lot split. J ' ' � ' ' ' ' ' � ' ' RESOLUTION #126-1971 - CERTIFYING CHARGES TO TI� COUI�ITY IWDITOii Tp gE LEVIED AGAINST CERTAIN PROPERTIES FOR COLLECTION WITH THE TAXBS F11YAffi.E IN 1972: (Weed Cutting Charges) Mayor Kirkham suggested that this item be taken up at this time as he believed there were some people p�cesent that wanted to be heard relating to the weed cutting charges. Counc�lman Liebl explained for the clarification of the audience that this resolution spells out the charqes and the lots the City has cut according to the ordinance that was passed a few years ago. This has been done in previous years. The ordinance gives the City the right to cut weeds on residential and empty lots twice a year. That owner is billed and if the bill is not paid the charges are certified to the county to be applied to the taxes through this resolution. He said he ha� received many calls com�ending the City for passing such an ordinance. When em�ty lots are not cut, it detracts from the appearance of the hanes on either side. He said he has also received some complaints from people that awn larqe lots saying the charges are too high, but they had the opportunity to cut the lots the�elves, or hire it done, and chose not to. Mr. Harland Berry, 7091 Hickory Drive N.E., said that he had a 80' X 140' lot for which he was billed $38.38 for cleanup. His neighbors said that they did not evea see a truck in there. He had Councilnan Breider and the Superintendent of Public Worke-up there and Councilman Bzeider felt that charge was ridiculous. (Lot 14, Block 1, Ostman's 3rd Addition)�. The City Assessor said that Mr. Berry's adjusted bfll of $80.76 includes an Adminis- trative charge and an interest charge if it has to be certified. The City Manager said that he had talked to Mr. Berry and also Bob Barnette, the Weed Inspector. He explained to �r. Berry that it would be physically impossible for the Weed Inspector to oversee each cuttinq job by the con- tractor to see that he does in fact pick up all the trash prior to cutting, hoMrever, Mr. Cutbirth, the i�teed Cantractor, ha� stated that he has given a rebate of $21.60, which reduces the bill to only his cost, arui is as far as he will go. He states that he has signed affidavits by his employses as to the number of hours tha� they have put in on thi.a piece of pmperty, and is prepared to qo into oourt to callect the oriqinal.coat if necQ�sary. The City Manager said he has talked to all the parties concerned to try to reaolve the differences. Mr. Barnette said he had talked to Mr. Berry and this situation actually goes back three years. There were a number of lots cut for Mr. Berry and there was a queation in regard to some material which Mr. Berry says was removed fram a lot, and Mr. Cutbirth claims he did not remove it. There were a number of con►plaints on this particular lot, Lot 14, there was a heavy weed growth and REGULAR COUNCIL MEETING OF OCTOBFIR 4, 1971 PAGE 8 a lot of undergrowth. Mr. Cutbirth states that they did have trucks in there. Mr. Barnette said he talked to Mr. Berry and tt�t him at the site. Mr. Cutbirth's employses did verify that there were two truckloads of material taken from there. He said he could not personally verify this as he did not see the trucks. Mr. Cutbirth did reimburse Mr. Berry in the umount of $21.60. Mr. Berry said there was a charge of $24 for a Jari mower. Mr. Barnette said he did net see the Jari mower on the property, but they did do some cutting with a mower. It seems the Jari mower broke down and they did not use it after that. This is a very rough lot. - � Mr. Berry saifl he could cut the lot with a hand scythe in eight hours. The qrass was cut high off the ground and there is still trash there, vhich Council- man Breider can attest ta. Mayor Kirkham said in the absence of Councilman Breider when this resolution is adopted, this lot will be deleted, and it will be brought back at the next regular Meeting. � ' ' ' ' ' I� MOTION by Councilman Liebl to adopt Resolution #126-1971, dele�ing Lot 14, Block 1, Ostman's 3rd Addition, which is to be brought back at the Meeting of ' October 18th. Seconded by Councilu►an Kelshaw. Councilman Kelshaw coma�nted that if this gentleman has so many questions, there are doubts in his mind on how many other people have objections. The City Manager said that they have reaolved a number of complaints prior to this Meetinq. He said the actual amount that would be certified is $80.76 which includes an 8$ interest charge if it is levie�i against the property. It also includss up to S10 in administrative charges which he �uld have to pay anyhow. The City Assessor said that this is not something the people do not know about, they have been billed and have not paid. Mr. pyman Smith said he has heard caaplaiats that the people are beinq cver- charged, ar�d also that the adminis'trative charqe is too hiqh. In moat cases there is not enough money involned to spend moneY to fiqht it in court, so the people are atuck with p�yirs4 ti�e bill. He felt it aas time to change contractors as there are too many comPlaints. Councilman Relshaw said that the City Ac�ninistration will be studying this. iie said he was in the T�1e� Inspector's office this afternoon, and also ta].lced to the City Mana.ger about this. Last yaar only one bid was received and it looked favorable. It se�ets this man had some bad luck and lost some equipanent. The City will definitely be looking into this bofoce the contract is let next year. Mayor Kirkhan► said that people oomplained last year, then did not do anything about doing the work themseLvea this year, then they aqain complain. They have the option of hiring the work 3one, but they chose not to. With the large number of charqes levied, there really are not too manY ComPlaints. Council- man K,elshaw coam�ented that When a bill can be cut in half or one third, he must question if it was not too high in the first place. THE VOTE upon the motion, being a voice vote, all voting aye, Mayor Kirkha►n c3eclared the motion carried. ' REGUI,�1R COUNCIL MEETING OF OCTpgER 4, 1971 PAGE 9 ��I�N� #489 -�1N ORDINANCE 1�1DOPTING CHApTER 22 OF THE FRIDLEY CITY CODE PRO�VIDING FOR THE LICENSING I�fND REGULATION OF MUSIC FESTIVALS: Councilman Liebl asked if, since Councilmen Breider and Harris are not present, is there any reason to wait? Mayor Kirkham said that neither of them said anything abc�ut ariy changes they wanted to make . MOTION by Councilman Liebl to adopt Ordinance �489 on second reading, waive the reading, and order publication. Seconded by Council�an KelshaM. Mr. Dick Iiarris questioned arho would have to have a license; specifically the schools for a band concert or a half time show at a football game. The City Manager said for public grounds and public sponsorship, the requirements are very simple and read fr,.em Section 9 of the Ordinance. In that specific ca�e, this would mean the e�hools would be exempt fraa makinq applicatiori for license �d paying the application fee. Mr. Harria asked if there ha�d been any dis- cussion with the schools in regard to this, and said that Mr. Hlavac has com- plained of a break-doWn in c�unication between the City goarernment and the school syatem. It was pointed out that a copy of all the Council Aqenda iadexes are aent to �he school, so if they had any questions, they could have called or come in to read the proposed ordinance. Counc�lman Kelshaw said that if a citizen wants to kno�w something going on at a School Board meeting, they attent to find out. By the same token the school would be responsible to find out what they want to know by coming to the City. An exa�ple of this is the CATV question. This was first talked of last March, but there was no communication f�om the sahools then. He said-he, as a Councilman, wanta�to get along with the School Board, but they have a respensibility to caae to the City if they have any questians. Mrs. Helen Treuenfels said that it is said that all the minutes are �ublic info�ation, y�rt if sottteone �►ants thea�, they have to c�e to City Hall to get them. When an ordinance is pa�sed, the readinqs are waived so a citizen would have to make a special trip to City Hall to find out what it is abnut. By �he �ime-it is published, it is too late. Maypr Kirkham explained that many times, as in the cas� of th,�s Ordinance which is 12 pages long, it would take up too much of the City'a time to resd at the Meeting, and a citizen rroulci have to call o�t come in to find out what he wants to know. TF� VOTE upon the motion, beinq a roll call vote, Kelshaw, Kirkham and Liebl voting aye, Mayor Kirkham dec2ared the motion carried. ' CONSIDERATION OF SECOND REApZNG OF AN ORDINANCE F'OR REZONING UEST ZOiA �71-03 BY JOHId P. YOUNGDALE (FROM R-3 T0 C-2) IN TH� NORTHEA3T CORNSR OF UNIVERSITy AVENUE AND OSBORNE Ia01�D ; ' A1� CONSZDERATZON OF SPECIAL USE pEliMIT SP #71-U3 TO CONSTRUCT A SERVICE STATION IN , A C-2 DISTRICT (GEIQERAL BUSINESS AREA) IN TI� NORTHEAgT CpgNER OF UNIVERSITY AVENUE AND OSBORNE ROAD: (Tabled September 20, 1971) CounaiLnan Liebl explained to the applicants in�the audience that ariy rezoning takes a 4/5 vote by the Council, therefore it vri21 have to be tubled. MOTION by Councilman Kelshaw to table consideration of the rezoning ordinance by American Oil and their apecfal use permit request to the Meeti� of October 18, 1971. Seoonded by Caunciluiat� Liebl. Upon a vofce vote, all ayes, Mayor K{rkhauu declared the motion c�ried. REGULAR COUNCIL MEETING OF OCTOBER 4, 1971 PAGE 10 NAEGELE RE UEST FOR A DOUBLE FACED SIGN AT 6031 UNIVERSITY AVENUE N.E.: Mr. Harry Hokemeir, of Naegele's, explained that they have a permit for a single-fac�d sign at 6031 University Avex�ue N.E. in C-2 zoning which, under the ordinance, is good fo� thr�e years. They wou�d like to make it double-face to attract both the north and south bound traffic. This is a pos�er type sign which is changed every 30 days. MOTION by Councilman Liebl to approve the request by Naegele Outdoor Adver- tixing for a double faced sign at 6031 University Avenue N.E. Seconded by Councilman Kelshaw. Upon a voice vote, all ayes, Mayor Kirkham declared the motion carried. PFmGRESS RF�PORT ON REIA('.ATIOW OF POWER LINES WITHIN THE CITY OF FRIDLEY BY NORTHERN STATES POWER: Mr. Warren Johnson of NSP outlined the history of the relxation of the 115 KV line to date and their dealings with Burlingtpn Northern Inc., and said they were 988 coanpleted with their work. Everything is done except tying in ai either end. Since May 3rd, they have met with �lington Northern 14 times and it is still not resolved. As he outlined in his letter, Burlington Northez'n feels that NSP should use "Super Cables" and NSP is not entirely Convinced of the value that is claimed by the manufacturers, and there would be a great deal of cost if they were used in this case, as it would set a precident and they would be required to use them elsewhere. It would.cost over a million dollars for the lina in the area, and the cost would, of necessity, have to be pas�ed on to the custoaners. NSP's feeling is that their line would not affect Burlington Northern's siqnal cable. NSP is very anxiQUS to coimplete their part of the bargain. Councilman Liebl said as he unclerstood it, the 115 KV poles were up alonq the east side of the Burlington Northern tracks and the lines were strung and �lr. Johnson said yes, but they are not energized. Councilman Liebl said that when the lines were put in on 61st Avenue on the east side up to Satellite, Lane, they had difficulty because of some trees in the way which had to be trim�ned. He understood that was taken care of and they only cut the trees that were absolutely necessary to cut. The people in the area have told him they were satisfied with the job NSP did in that area. He asked that whenever possible to save the trees. Alonq Main Street the trees provide a barrier to keep the traffic noise down. Mr• Johnson aaid ever�,►thing possible would be done to preserve as many trees as they could. The City Manager said that there were some poles lying along 69th Avenue south of Locke Park, and asked if they were a part of this project. Mr. Johnson said they were, and will conn�ct into the Mo�are Lake Substation, The City Manager said they heve besn tt�re for saae time, and asked why. Mr. Johnson said he did not ]cno�v, but he w�uld cheak into it and let him knoa+. He said if permission is rece�.ved from Burlinqton Northern, then the cables would be ordered, and it would still be a few m�onths before they could be energized. The City Manager asked if it would aid,the situation if the City met with Burlington Northern. The City Attorney pointed out that with the railroad's expansion plans, they raill probably be in need o� permits etc. and perhaps would then be willing tQ acco�amodate the City.. Mayor Kirkham asked the City Manager to set up a meeting with NSP, Burlington Northern and the City staff. I�GULAR COUNCIL MEETING OF OCTOBER 4, 1971 PAGE 11 RECEIVING THE MINUTES OF THE BpARD pF AppEALg �T�G OF SEPTEMBER 21, 1971: The City Engineer reported they had one item on their agenda, which is still under consideration, so there is no Council action necessary. (Mr, A.R. Elasky, 5517 12th Avenue So., Minneapolis for property at 555 57th Avenue and 5703 Washington Street N.E.) MOTION by Councilman Liebl to receive the Minutes of the Board of Appeals Meeting of September 21, 1971. Seconded by Councilman Kelshaw. Upon a voice vote, all ayes, Mayor K,irkh�n declared the motion carried. RECEIVING THE MINUTES OF THE pLANNIIJG CpMMISSION MEETING OF SEPTEMBER 22 1971: 1. SPECIAL USE PERMIT SP �71-12, HAI2LAND g, gERRy; To construct double bungalows on Lots 3& 4, Block 4, Ostman's 3rd Addition per City Code 45.051, 3,D. The City Engineer reported the Planning Co�nmission's recom�endation is for denial of the request. Mayor Kirkham pointed out that if the request is denied the applicant can request a public hearing before the Council. Councilman Liebl said this request has been turned down three times already. He said that as the Councilman for the First Ward and the Councilman At Large were not present, he would rather wait for their opinion. MOTION by Councilman Liebl to table this request for a special use pexmit by Harland Berry to the meeting of October 18, 1971. Seconded by Councilman Kelshaw. Upon a voice vote, all ayes, Mayor Kirkham declared the motion carried. 2• REQUEST FOR A SPECIAL USE PERMIT, SP #71 13, DICK'S NORTH STAR Lots 3, 4, & 5, Brlock 7, Berlin Addition. To sell recreational trailers per City Code 45.101, 3,N. The City Engineer said this request is from a gas atation on the south end of East River Road. The Planning Commission granted approval of the continued use for the gas station, but denied their request for a permit to sell trailers. Councilman Liebl said, generally speaking, gas stations in the City do not have enough land to accoaanodate the sale of trailers. 1�TION by CounciLnan Liebl tq concur ruith the Planpinq Commission's recaaomendation and grant the continued use of the service station, but deny the request for the addition of retail sale of trailers. Seconded by Councilman Kelshaw. Upon a voice v�ote, all voting aye, Mayor Rirkham declared the motion carried. ' 3. REQUEST FOR REZONING, i�iY OAR yAND CORP BY WAYNE PETERSON, PRESIDENT Lots 23 through 30, Block 13, Hamilton's Addition to Mechanicsville to be rezoned from R-3 to C-2 for a"Little Dearborn" warehouse and sales office. � � ' ' 1KOTION by Councilman Liebl to set the public hearing for the rezoning request by Way Dar Land Corp. for November 8, 1971. Seconded by Councilman Kelshaw. Upon a voice vote, all voting aye, M�yor Kirkham declared the motion carried. REGULAR COUNCIL MEETING OF OCTOBER 4, 1971 PAGE 12 4. VACATION RE UEST: SAV #71-04, EDGAR A: H0�3SSR: Vacation ofl Gumwood Street between 77th Way and 76th Avenue and also vacation o! the alley running on Westerly property line fram 77th Way to 78th Avenue in Lots 1 through 8, Block 5, Onaway Addition. MOTION by Councilman Liebl to set the public hearing date for the vacation request by Edgar Houser for November 8, 1971. Seconded by Councilman Kelshaw. Upon a voic�e vote, all ayes, Mayor Kirkham declared the motion carried. RECEIVING THE MINUTES OF THE BUILDING STANDARDS - DESIGN CONTROL MEETING OF SEPTEMBER 23, 1971: CONSIDERATION OF A RE UEST TO CONSTRUCT THE FIRST PHASE OF THREE STAGES OF CONSTRUCTION. STAGE ONE TO CONSIST OF FORMS RECONDITIONING BUILDING AND A CUTTING BUILDING TO BE LOCATED ON PART OF LOT 1 AUDITOR'S SUBDIVISION #79 THE SAME BEING 4500 MAIN STREET N E, F DLEY, MINNESOTA. (REQUEST BY CECO CORP. 2900 EAST HENNEPIN AVENUE, MINNEAPOLIS, MINNESOTi�I): The City Engineer said that this request for a building permit is. for the first phase of construction by Ceco Corporation. South of the site is Minnesota Linseed 0i1 Co. and to the north is Railroad Accessories. Z'his is the first stage of a three stage program. He then showed the plans at the Council table and said the Building Standards - Design Control recou�mended approval subject to their stipulations which are listed in their minutes. He showed the setbacks of the buildings and said they will all meet the code requirements. MOTION by Councilman Liebl to concur with the Building Standards - Jesign Contro�. recommnendation and grant the germit �or the firat phase o�' construction planned by the Ceco Corporation, subject to the stipulations: 1. Insert slats in steel cyclone fences and 2. Poured concrete curbing around all blacktop outside the qate. He added he w�ould like to see particular attention qiven to the east side of the property as it faces Main Street and there is residential property on the other side. Secon3ed by Councilman Kelshaw. Upon a voice vote, all syes, Mayor Kirkham declared the motion carzied. MOTION by CounciLnan Kelshaw to receive the Minutes of the Building Standards - Desiqn Control Meetinq of September 23, 1971. Seconded by Councilman Liebl. Upon a voice vote, all ayes, Mayor Kirkham declared the motion carried. RECEIVING THE MINUTES OF THE FRIDLEY HUMAN RELATIONS MEETING OF AUGUST 26, 1971: MOTZON by Councilman Liebl to receive the Minutes of the Fridl�y Human Relations Meeting of August 26, 1971. Seconded by Councilman Kelshaw. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried. RECEIVING THE MZNUTES OF THE FRIDLEY HUMAN RELATIONS MEETING OF SEPTEMBER 23, 1971: MOTION by Councilman Liebl to receive the Minutes oP the Fridley Human Relations Meeting of September 23, 1971. Seconded by Councilman Kelshaw. Upon a voice vote, all voting aye, Mayor Kirkham declared�the motion carried. ' REGULAR COUNCIL MEETZNG OF OCTOHER 4, 1971 PAGE 13 CONSIDERATION OF AUTHORIZATION TO CALL FOR BIDS FOR A NEW 14 FOOT ONE TON VAN TRUCK; MOTION by Councilman Kelshaw to concur with the recommendation of the City Manager as outlined in his memorandinn dated September 17, 1971 and authorize advertising �or bids for a new 14 foot one ton van truck. Seconded by Council- man Liebl. Upon a voice vote, all voting aye, Mayor Kirkham declared the �tion carried. CONSIDERATION OF DECI�ARING THE FIRE DEPARTMENT TANKER TRUQC SURPLUS AND AUTHORIZZNG THE SALE OF THE TRUCK: MOTION by Councilman Kelshaw to concur with the recommendation of the City Manager and the Fire Chief and authorize the sale of a Fire Department tanker truck. Seconded by Councilman Liebl. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried. CONSIDERATION OF CHANGE ORDER #G-1 FOR ADDITION TO MUNICIPAL GARAGE: MOTION by Councilman Kelshaw to approve Change Order #G-1 for Loeffel-Enqstrand in the amount of $660, for the municipal garaqe. Seconded by Councilman Liebl. Upon a voice vote, all ayes, Mayor Kirkham declared the motion carried. CONSIDERATION OF WAIVING FIRE WALL SEPARATION REQUIRF.MENT AS REQUESTED BY MINNESOTA LINSEED OIL CO.: MOTION by Councilman Kelshaw to approve waiving the fire wall separation require- ment for Minnesota Linseed Oil Co. as recommended by the Chief of the Fire Prevention sureau and endorsed by the City Engineer and the Building Inspector as outlined in �e memorandum dated September 28, 1971. Seconded by Councilman Liebl. Upon a voice vote, all ayes, Mayor Kirkham declared the motion carried. ORDZNANCE #490 - AN ORDII3ANCE UNDER SECTION 12.07 OF THE CITY (�IAI�1'ER TO VACATE STREETS AND ALLEYS AND TO AMEND APPErIDIX C OF Ti� CITY CODE: (City of Fridley - SAV #71-01) MOTION by Councilman Liebl to adopt Ordinance �490 on second reading, waive the reading and order publicati,pn. Seconded by Councilman Kelshaw. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried. RESOLUTION #127-1971 - A RESOLUTION RESERVING AT LEAST ONE LIQUOR LIGENSE FOR A HOTEL AND/OR MO'PEL COMPLEX IN CONJUNCTION WITH A RESTAURANT-LIQUOR LOUNGE OPERATION: MOTION by Councilman Liebl to adopt Resolution #127-1971. Seconded by Councilman Kelshaw. Upon a voice vote, all voting aye, Mayor Kirkham deClared the motion carried. RESOLUTION #128-1971 - A RESOLUTION DESIGNATING POLLING PLACES AAID APPOINTING ELECTION JUDGES FOR THE NOVEMBER 2, 1971 GENERAL ELECTION: MOTION by Councilman Liebl to adopt Resolution #128-1971. Seconded by CounciLnan Kelahaw. Upon a voice vote, all ayes, Mayor Kirkham declared the motion carried. REGULAR COUNCIL MEETING OF OCTOBER 4, 1971 PAGE 14 RESOLUTION #129-1971 - CONFIRMING ASSESSMENT FOR STREET IMPROVEMENT PR(JJECT ST. 1970-1 (SIDEWALK ON OSBORNE ROAD FROM 5TH STREET TO T.H. #65) MOTION by Councilman Liebl to adopt Resolution #129-1971. Seconded by Councilman Kelshaw. Upon a voice vo�e, all ayes� Mayor I�irkham declared the motion carried. RESOLUTTQN #130-1971 - ORDERING PRELIMINARY PLANS, SPECIFICATIONS AND ESTIMATES OF THE COSTS THEREOF: STREET IMPROVEMENT PRUJECT ST. 1972-1 AND ST. 1972-2 (MSAS): MOTION by Councilman Kelshaw to adopt Resolution #130-1971. Seconded by Councilman Liebl. Upon a voice vote, all ayes, Mayor Kirkham declared the motion carried. RESOLUTION #131-1971 - RE(.'EIVING THE PRELIMINARY REPORT AND CALLING A PUBLIC HEARING ON THE MATTER OF THE CONSTRUCTION OF CERTAIN 71�SPROVEMENTS: STREET IMPROVE^ MENT PROJECT ST. 1972-1 RND ST. 1972-2 (MSAS): MOTION.by Councilman Liebl to adopt Resolution #131-1971. Sec�nded by Councilman Kelshaw. Upon a voice vote, all ayes, Mayor Kirkham declared the motion carried. APPOINTMENTS: Nante Patti Kozak 7409 Concerto Curve Fridley, Minnesota Beryl E. Barthman 6726 Lombardy Lane Crystal, Minn. Position Special Assessments Cashier Effective Date October 12, 1971 October 5, 1971 Replaces Vickie (�ambers Nina Zabel I�OTION by Councilman Liebl to approve the appointments as recoc�naended by the Aciministration. Second�d by Councilman Kelshaw. Upon a voice vote, all votinq aye, Mayor Kirkham declared the motion carried. CLAIMS: MOTION by Councilman Kelshaw to approve payment of General Clai.ma #26349 through #26569 and Liquor Claims ##5978 throug2l #6012. Seconded by Councilman Liebl. Upon a voice vote, all ayes, Mayor Kirkham declared the motion carried. LICENSES: Christtnas Tree Lot Sherman Hanson 7699 Viron Road Fridley, Minensota General Contractor Calhoun Builders, Inc. 1610 West Lake Street Minneapolis, Minnesota By: Shex�an Hanson By: Donald Donahue Approved By Fire Inspector Building Inspector ' REGULAR COUNCIL MEETING OF OCTpgER 4, 1971 ' r ' ' ' PAGE 15 MOTION by Councilman Kelshaw to approve the licenses as submitted. Seconded by Councila►an Liebl. Upon a v�oice vote, all ayes, Mayor Kirkham declared the motion carrie8. CONSIDERATInN OF AppgppAI, pF HOU� TR�,IyER APPLICATION FOR PARK ppldgTRUCTION COMpANy FIELll OFFICE: MOTION by Councilman Liebl to approve the request by Park Construction Company for a house trailer to be used as a field office. Seconded by Councilman Kelahaw. Upon a voice vote, all ayes, Mayor Kirkham declared the motion carried. ESTIMATEg; Hardrives, Incorporated � 10135 Central Avenue N.E. Minneapolis, Minnesota 55433 FINAL Estimate #5 for Street Improvement Projects St. 1971-1 and St. 1971-2 (MSAS) ST. 1971-1 ST. 1971-2 (NOTE), These estimates were revised on October 18, 1971. Bury & Carlson, Inc. 6008 Wayzata Boulevard Minneapolis, Minnesota 55416 S 2,523.35 9,903.99 PARTIAL Estimate #1 for Street Improvement Project ST. 1970-3 ' $ 27,534.70 MOTION by Councilman Kelshaw to approve payment of the estimates as submitted. Seconded by Councilman Liebl. Upon a voice vote, all ayes, Mayor Kirkham declared the motion carried. APPRpVAL OF BILL FROM PATCH ERICKSON M�iD3pN & HAN3pN INC, ARCHITBCTS AND pI�ANNEI2S FOR MUNICIPAL GARAGE: (FIRE PENSION ASSOCIATION REQUEST) 1�OTION by Councilman Liebl to approve the payment of the bill from patch, Erickson Madeon & Hanson Inc, in the.amount of $1,990.58 as requeated by the Fire Pension Association. Seconded by Councilman Kelshaw. Upon a voice vote, all syes, Mayor 1Cirkham declared the motion carried. COMMUNICATIONS: A. MINNESOTA HIGHWAY DEPI�IRTMF.I�Tr; SIGNALS AT 69TH AVENUE N.E. MOTION by Councilman Kelshaw to receive the consnunication from the Minnesota Highway Department dated September 23, 1971, concerninq signals at 69th Avenue and T.H. #47. Seconded by CounciLaan Liebl. Upon a voice vote, all ayes, Mayor Kirkham declared the motion carried. i.c;c,' OLAR CUI,.vC I,, MEETING t�� Cn. i'UBER 4, 1 y 71 B. MINNESOTA HIGHWAY DEPAi2TMENT: CITY AND POPULATTON SIGI�IS P�E 16 MOTION by Councilman Kelshaw to receive the communication from the Minnesota Highway Department dated September 21, 1971 concerning the "Fridley City Limits" "Population 29,235" signs. Seconded by Councilman Liebl. Upc�n a voice vote, all ayes, Mayor Kirkham d��ia.i'ed the m�tion carried. C. JOSEPH ZIZAK• REQUES�' TO EXPAND A NON-CONFORMING USE BY ALLOWING TO BUILD A DOUBLE GARAGE IN H1'D� PARK AREA: (5783 2�a Street) Councilman Liebl explained that Mr. Zizak lives in a co�ercially zoned area 8nd would like to build a double garage. He needs permission by the Couaicil as this is a non-conforming use. He explained to Mr. Zizak that he must assume sane risk in that, as it is zoned commercial, if it was sold for a commercial use, he may not be able to reccve� �Z1 :�is con�tructior. costs. Mr. Zizak said he understood this, but it is a new house and a garage is needed. He did not tk�ia�ilc it would be sold for coaanercial use bec�use the homes in the surrounciing are� �� ���.�'�y new and the land would be too expensive. There would be cheaper land to buy eisewhere. Councilman Liebl said when this area was rezoned, a plan was wrorked out so that every lot in a block would have to be utiliz�d, so there would be no isolated lots. This would then benefit the whole area. Mr. Zizak said that he did not want the commercial zoning when it went in, as he has a nice home, and would not want a commercial establisYsment next to him. MOTION by �ouncilman Liebl to grant Joseph Zizak a building permit for a double garage for 5783 2� Street N.E., with the stipulation that Mr. Zizak clearly understands that he is assa�ming some risk, in that the property is zoned comznercial. Seconded by Councilman Kelshaw. Upon a voiee vote, all ayes, Mayor Kirkham declared the motion carried. VISITOR: Mr Wayne Pearson� 6801 Hickory Street N.E., Locke Lake Association: Mr. Pearson said he wished to say that he felt that the Council has been very fair with the people on Locke Lake and he appreciated the clean-up work that has been done. Everything looks fairly well with the exception of the area by the railroad tracks. The City Enqineer said he understood the railroad worked there last Monday. Mr. Pearson said tIiey worked on the bridge, but they did not do any clean-up, and wondered if they were supposed to. The City Engineer said yes, he did not know they did not do the work. Mayor Kirkham said there will be a meeting soon with the railroad, and this can be brought up. Mr. Pearson, speaking on behalf of the Locke Lake Association, said they would like to have some of the �nd that is coming from the Burlinqton Northern Expansion Yard. There has been some dredging done and the sand is piled up, but he ax�i �he others believed that even if it was levelled of�, and the water was raised, there would be a pot hole of still water. This should be done soon before the water is raised so the trucks can get in there to work. T'hey have thought that with the addition of the sand, if the sand was graded, then perhaps that area could be sodded_ � REGULAR COUNCIL MEETING OF OCTOB,ER 4, 1971 , PAGE 17 The City Engineer said he felt that by grading and levelling the area, the pot hole would be taken care of. He would be cautious at bringing in more sand as what the people have been canplaining about was the sand that washes down into the lake, and this would be bringing more in to dump alonq the bank. The prbblem is with an area of still water, the sediment then settles. Mr. Pearson said there may be sane washing down of the sand, true, but they hope to control that by socidinq. Councilman Liebl said that if this is what the Association wants, the City Engineer will oblige them, but he would like the request in writinq. The City may be criticized for dumping more sand by the lake. MOTION by Council.man Liebl to instruct the City Engineer to see that the area is graded, and if there is a letter received from the Locke Lake Association requesting more sand, and if it seems it is needed, to fill their request. Seconded by Councilman Kelshaw. Upon a voice vote, all ayes, Mayor Kirkham declared the motion carried. ADJOURNMENT; There being no further business, Mayor Kirkham declared the Regular Council Meeting of October 4, 1971 adjourned at 10:00 P.lt. Respectfully sut.�nitted, G����l/i�i��� Juel Mercer Secretary to the City Council Jack O. Kirkham Mayor THE MINUTES OF THE SPECIAL PUBLIC HEARING MEETING OF OCTOBER 12, 1971 FLEDGE OF ALLEGIAI�jCE: Mayor Kirkham led the Council and the audience in saying the Pledqe of Alleqiance to the Flaq. Mayor Kirkham called the Special Public Hearing Meetinq of Octaber 12, 1971 to order at 7:45 P.M. ROLL CALL: MEMBERS PRESENT: Liebl, Harris, Breider, Kelshaw, Kirkham MEMBERS ABSENTs None ADOPTION OF AGENDA; MOTION by Councilman Harris to adopt the Agenda as presented. Seconded by Councilman Breider. Upon a voice vote, all ayes, Mayor Kirkham declared the motion carried unanimously. PTJBLIC HEARING ON CONSIDERATION OF Ti� ADOPTION OF AN ORDINANCE AUTHO&IZING Ti� CITY TO ISSUE A FRANCHISE FOR Ti� ESTABLISHMENT OF CABLE TELEVISION FACILITIES WI'j'HIAi Ti� CITY OF FRIDLEY : Mayor Kirkham said that the ordinance handed out to the audience represents only a first rouqh draft and is not necessarily the ordinance that may be passed. z'he pur,pose of this hearinq is to get the input from all those interested. Councilman Harris said that in looking over the ordinance, he did�aot notice anything that expluns that if this ordinance is in conflict with the Frderal Cca�tnunications Coamission, the regulation by the FCC will supercede. The City Manaqer eaid that is covered in Section 10, Page 6, paraqraph H. Mayor Kirkhem suggested that the ordinance be taken section by section, with the coamaents directed at the specific section under discussion. Section l. General Provisions Section 2. Authoritv to Grant Franchiee or License Section 3. Use of Tele hone Facilities Section 4. Uses Permitted by C any Section 5. Payment to the Citv Mr. Jon Shafer, Independer�t Consultant on Cable Telovision, said that he had , attended a meetinq with the educationil rapresentatives, the library and the City Manaqer. He has bean asked to nake any co�nents that he fsels miqht be needed in reqard to any changsa. In Section 5, he felt the sentence should be added: "The City may also desiqriate a portion of the tunds receivad fram � local oriqination. " ThiB oould be inserted after the �rord "tl'►ereof" ir► the firat paraqraph. r SPECIAL PUBLIC HEARING MEETING OF OCTOBER 12, 1971 PAGE 2 This section of the ordinance is identical to Bloomington's with the exception of that sentence. This would be for the City governa►ent or other public institution�, 7`he City Manager said this was considered a policy decision. T'he Council dces hava control of the budget and can designate funds for whatever use the Council deems necessary. Mr. Shafer said the advantage of having this sentence would be if the municipal supervisory expenses should not amount to 5$ or $2500, then the remainder miqht revert to the cable company, this would at least be a consideration. Councilman Breider asked if he was. speaking of, if payment ie not made, haw would it be collected? The City Attorney said as to a payment not made to the City, in Section 7 there is a$50,000 bond required and if payment is not made, or the company is delinque�t in any way, the money would be taken from that. This consideration does not logically fall in this section and he would aqree that this is a matter that should be budqeted by Council and should not be ear-marked, but ought to come from the general budget. � Section 6. Audit Mr. Jon Shafer questioned whether it might not be wise to add that "gross operating receipte" include both expenditure� and revenues. The City Manaqer said that gross operating reaeipts is defined in Section 1 and does not include expen- ditures. The.City Attorney Baid thare is an advantaqe in having this information filed, but not for thie section. This section determines the amount to be paid to the City and is based on gross operating revenue. Mr. Shafer asked if it was covered in another section and the City Attorney said yes. Section 7. Security for perforaance Section 8. Acceptance Fee Councilman Breider asked when the "first year" is determined; from the ti.me o� the start of construction, the time of award�ng the franchise, or When? He was also aoncerned what if Fridley should get into some type of litigation, it could coat a conaiderable amonnt oP �oney and �rould $25,000 be sufficient? Th� City Attorney said this is an outright payment to the �fty and the�e is no requirement #or the City to detail the amount of administrative expense, and none would be given back to the company. The $25,000 fiqure was arriv�d at, using the amount other com�aunities have used. He would assume the "first year" �ould be from the tine the franchise is granted. • Section 9. Duration of Franchise or License Mrs. Barbara Hughes, Anoka County Library Board, said she would stror�gly urge if a franChise is awazded, that it be for a shorter period og time than 15 years. We.are at the threshhold of an entirely new technological field of ooaanunication and this makes it very difficult to predict what the possibilities might be. Mr. Shafer said he would support Mr�. Hnghes' request and his recoa�nendation would be for 10 yeare. His reasons ar+e that basically, cable televi.sion is a rapidly chartqiaq field and even with�foresiqht, there will be changes, and perhapa diffi- cult to incorporate into an existing fran�hise. The E'CC'has proposed that a 15 year franchise is the maximiva amou,nt of time they �ould recouaaend. This is covered in their letter of intent, aud while there may be ohanges before it goes into effect March lst, he did not think that.this reconm�endation would be changed. He felt in the future there would be shorter franchi�es given. The aompanies say 15 year franahises are the shortest am�unt of time they would have to ri�cvup their investment, but they aiay not have anX �,�ternative. SPECIAI, PUBLIC HEARING MEETING OF OCTOBER 12, 1971 PAGE 3 Mr. Steve Schoen, Telecomnunications, tnc., P.O. Box 10727, Denver, Colorado, said the FCC did a study or� the question of the length of franchises, and they felt that considering the capital investment, 15 years was a fair and equitable amount of time for a company to get back their investment. This 15 years i.a considered to be a minimum. He questioned if the ordinance contained revoq$tio�3 rights if the company is not functioninq as it should. If a caa�pany is not producing, then that particular company should be subject to investigation artd possible revocation of their license. The City 7lttorney said at least two other sections in the ordinance make referance to the City beinq aDle tb amend the franchise ordinance and require the applicant to update their equipment, and to keep up with the state of the art. Awarding a�ranchiae does not mean that for 15 years the system would remain static. Councilman Liebl asked Mr. Shafer what qualified him to speak as an expert in this field. Mr. Shafer said that he was speaking at the invitation of the City Manager. He had attended graduate school at the University and his involvement in coma�uni- cations goes�back to a year aqo. For approxi.mately nine months he said he has spent full time on cable televiaian a�ters and has been building up his files. He is currently supportinq himself by doing consultant work in cable television. He added that the FCC letter of intent is quite specific in saying 15 years is a maximum and any reading of that as meaning a minimum is extre�ly hazardous. Councila►an Liebl asked if Mr. Shafer's spending that amount of time with cable television qualifies him to give l�is advise to the Council. Mr. Shafer said the Council will have to judge the quality of his remarks. The municipality is beinq asked to make a decision about�cable television and people such as the City Manaqer are very busy and cannot devote their full time to the question. Councilman Liebl asked if he would designate this function as a business or a service. Mr. Shafer said, in his opinion, service is primarx, In his opinion, cable television is very much like an iceberg. Only the tip is showinc} and no one can foresee what changes in our way of life will come from it. Having 40 - 80 channels with a two way cou�unication capa2iility will decrease our dependency on transportation. As an example, it may becxyaie possible to do your banking froaa the home, or get library material without leaving the home. The coaninq of cable television will bring about as extensive a change in life style as electriaity. The City Manager said he would qive some explanation why it Mas felt the 15 years should be the length of the franchise. It would actually be only about 13 years as it would take 1� to 2 years for the system to become operational. The City did not want to make the ordiruncQ so restrictive as to diseourage applicants from submitting a proposal. It was felt they should be given 15 years to recoup their investsaent. As to upgradinq the syatem durinq the.term of the franchise, he said he looked to private bueinesa to be competitive enaugh'to want to provide the highest quality of service avail�ble. It would be to their benefit to qet their franchise renewed at the end of the 15 years. To re�ve all their equipanent because of bad perfox�m�v�e would be extremely expenaive and they would surely want to continue. He pointed out the phone company has had a franchise for aiany years, yet they are conatantly updatinq their service as new technology becaaes available. Section 10. Limitations of Franchise or License SPECIAL FUBLIC HEARING MEETII3G OF OCTOBER 12, 1971 Section 11. Rights Reserved to the City PAGE 4 A meanber of the audience questioned paragraph D on Page 8 and asked haw the ordinance would be amended and who wouid initiate the amendment. The City Attorney said that, is dealt with specifically further on in Section 18, paragraph C. As with any other ordinance, it could be amended. A lady in the audience Sai.d in all probability, it would not be changed. Councilman Breider said ther e ia=a provision in the Cha�ter that provides that if 15$ of the registered voters aiqrr a petition asking for a ahange in an ordinance, the Council can either pasa a� the ordinance or submit it to the voters.through a referendum. The City Attorney said on Paqe 16 the specific formula is shown for adding more channels if needed, Councilman Harris said that the Council can continually amend and upgrade ordinara,v�s�a to keep up with the times. This could be as a result of information rsceived from other co�unities that are doing similar thin�s. As an example, the,s�bile ordinance did not satisfy a number of people. The Administration was asked to contact other communities and the City was able to amend and upgrade the ordinanae. As higher standards are needed, there would certainly be required amendments to the oriqinal ordinanoe. A lndy in the audience asked if there was provided in the ordinance a public bod�( to monitor l:he cable ��pany to see if.they are living up to the standarda. A public utility franchise has never been revoked. 1�t recourse would a citizen have, and what protection is given them? The City �Janager replied that the City Manager is charqed with enforcement of all laws and ordinances of this City. Thi� would be a matter of enforcing standards as laid out by ordinance. In disputes betwesri the company and the citizen, concerning such items as non-payment of bills� this would be a private matter. Throughout the ordinance, this has been con- sistently the case. The lady said she was concerned with public access and what �! someone is discriminated against and refused access to this media. Would there �i� a board to li�ten to these complaints? The City Manaqer �aid there is an appeal procedure to be gone through as outlined in Section 11, Pmragraph F of the ordinance: The appeal i: made to:the eity Manager and if that citisen is dissatisfied with the City �lanager's decision, they have the right to appeal to the Counail and their desision is final. Councilman Breider said that Section 26 aovers this discrimination she is talkinq about. The lady asked if there t�rould be strict censorship. The City Manaqer said he believed that facet would be pxe- empted by the FCC. There is a provision which statea there must be a plan sub- mitted for a local origination program. Councilman Liebl isked if it would be possible to provide in the ordinance for a cono�ission of perhaps five members that could serve as�a watch-dog. The City Attorney said this vrould be a possi.bility. Councilman Liebl asked if this Would intsrfer� vith any FOC ruling. T'he City Attorney said no, ��r. if tbty get into so�e ar� ot scrNninq a proqrma, there could be some difficult �ituations arise. Mayor 1Cirkham said it would have to be clone on a very broad basis. The lady said cable television Ftould lend itaelf to a qreat many uses azld there could be �anY different kind� of proqrams. The City At�orney said be did aot believe there should be anyone r►ith �trict censorship authority. The beanty of cable television ia the broad range of interests it can present. Councilman�Lieb1 said that W�CC.'O and KSTP etc. zaust havq standards to go by, would thia not apply to cable television also? T'he City Attorney said the content will be regulated by the FCC. Perhaps it could be regulated.locally if not in cbnflict with the FCC. Mr..Schoen said the cable canpanies were oonsiderinq a code which ia very similar to tha►t of broadcasting. It will probably be passed in the very near future. Mr. 3hafer said in the letter of intent it states that if there ia a question of liable or slander it would be the prograun originator or �roducer and not the cable company that would be , � ' , ' � � SPECZAL PUBiIC HEARING MEETING OF OCTOBER 12, 1971 PAGE 5 responsible. For the use of the local origination studio, it would be on a first come first serve basis, and the company cannot be held legally responsible for what is said. Section 12. Requi:rements in Construction Councilman Liebl asked, if the compang had to dig up a street, �rould there be a fee�and would they have to have a permit from the City Enqine�r. The City Attorney,said th�y must get a permit and they must return the right of way to the condition prior to the work the c�mpany did. If they do not, the City tnay do the work and charge it to them, together with a ten percent additional charge. If they do not pay it, payment is still assur�d through the bond they must post. Section 13. Future Conditions of Zi�te Section 14. Inspecti.on of Pro rty and Records Councilman Harris questioned if the caapany is required to furnish the City with ' rec:ords and maps. He felt they should be furnished iam�ediately, and should show every�hing the company has in the ground.' The City Attorney said Section 14, Paragraph D makes the requi-rement that all mapa be furnished to the City Engineer. Councilman Harris sugges�ed that perhaps the co�any should notify the City 90 , days in advance of work planned. There cauld be a situation where the City is planning on widening a street and the work should somehow be coordinatefl. ' , , I� , Section 15. Removal and Abandonment S�bt3on 16. Changes Itequired by Public Improvements Section 17. Indemnification and Liability Insurance CounciLnan Liebl asked if $1,000,000 fo� bodily injury in any one occurrence was enouqh. The City Attorney eaid the requirement vras-$500,000 for bodily injury to any one person and $1,000,000 fo� bodily injury in any one xcurrence. Couricilman Liebl asked how much other.utiiities carry, The City Attorney said he did not ]cnow, but this is the most he h�s seen for cable television. Councilman Liebl asked Mr. Schoen if he felt�that yras enough and Mr. Schoen said definitely. Councilman Liebl asked if they bad had any claim8 and if so, how much7 Mr. Schoen said he knew of only one aad that ameunted to about $40. Section 18. Operational Standard� ' Councilman Breider questioned why the blank spaces. The City Manaqer said that Sections 18 and 19 were taken from the Bloomington ordinance. He did not feel anyone on the City staff was qualified to evaluate tbese aections. Bloomington has indicated they will be willing to work with Fridley on developing these � standards. The other solution would be hiring a consultant. He pointed out Bloominqton has already done this to develop their ordi.nance. The City Attorney said that when Bloomington developed their ordinance they too, had many blanks. � It Was left blank with the idea that the Council, the applicants and possibly someone from Eloomington or t]¢eir consultant could sit down and w�rk out the teahnical standards. Fridley felt they wanted to get the input from other � knowledqeable sources. Counci]inan Hreider asked on Page 15, 4(c), rriiat i� hum modulation. (,buncilman Lie�2 aaid that is noise. � SPECIAL PUBLIC HEARING NiEETTI�f� OF OCTOHER 12, 1971 PAGE 6 Mr. Keith Libbey, local Attcsrney for LVO Cable, Inc., said that this ordinance is a very thorough job in the short time that was given to draw it up and the City Manager and the City Attorney did a very fine job. He pointed out the applicants have not seen this ordinance �efore today and should have an opportunity to digest it. Councilman Kelshaw and I�ayor Kirkham both commended the City Manager and City Attorney on the very f�.ne job fhey did in such a s�:�rt time. Mr. Shafer questioned the wcsrding in Section 18, C on Page 16, the sixth line down, there was inserted ari "or" after "(Monday-Friday)". He then read a portion of the rCC l.etter of intent �nd said that he felt that this insertion changed the sensitivity of the formula. W�th "or" included, in the firat instance 80$ of the channels would be used on weekdays, and in the second instance, 80$ of the time during any three hour period �or six consecutive weeks would include weekends. This would make this formula less responsive than the FCC version and he would suggest that the work "or" be otaitted. The City Attorney said he would be happy to discuss this with Mr. Shafe�, but in his apinion, the inclusion of"or" ma,kes the formula more restictive by saying that if either happens, the company must upgrade their facilities. The FCC i.s saying if both should happen, they must. Section 19. Technical Standards A member of the audience asked what happens if theze is a breach of the �ranchise agreement. The City Attorney said that is provided for in the ordinance and it states that the company will be given a certain number of days to remedy the cause of the breach. The City fe�t that a certain time must be given them to rectify any situation. The member of the audience asked if they do not rectify it, would the license be revoked. The City Attorney 9aid that ia up to the diacretion of the Council. Mr. Shafer questioned Se�tioa 19, F, on Page 26 and asked what factors Ment into the decision not to set u,p a minimum nnmber of channels. He felt tlaere should be eome time table set up which would det�rmine how soon same additional channels should be added. He felt i� �caould be wise not oniy to reqnire sn initial nunber of channels but also a time �ak,l• to require the applicant to reach the total capacity within a certain iength of time. Mr. Shafer said aS to Ssction 19, G, on Page 26, that it was his understanding there must be a second truuk line for full broad band capability, and that a dual trank'�ystem is required.� TherQ was a case where one cable had been tried for tt,r�-way, but it had to be abandoned. Two tninks are needad, so perhaps the ordinance should specify a dual trunk. Broad band capability to return is essential or�an individual would have to band carry a tspe back to the headend. Councilman Liebl asked Mr. Schoen if, to provide Wide band return capability, would it double the cos►t. Mr. Schoen said naturally a dual trnnk would cost more, but it would not be double. The cost of �e cables would be double since two would be used, but the installation would b� much the same. Mrs.'Huqhes said the library wonld t�ot want to do all their prograttaning originatinq from the main studio. Many things �rould be done from a library so they would require the broad band. The City Attorney said these figures were taken from the Bloomington ordinance and were proposed as a etarting.point for discussion. It has always been his intai►tien that the syrtem �uld be such that broadcasting could be dorie from. •sam�here other than the msin studio. If thie.ordinance cioea,limit only to telecastinq from the s�ya�id,�,a� it should be �,�c�ed. SPECIAL PUBLIC HEARING MEETING OF OCTOBER 12, 1971 Section 20. Inter-connection PAGE 7 Mr. Keith Libbey, LVO Cable Inc., said that LVO does favor interconnection, however, he would like to see the words 4to the extent feasible" ac3c�ed. It is possible that a neiqhboring community would install a system that would be impossible to interconnect �ith. The way the Fridley franchise ordinar�ce is worded, a company would stand to lose their franchise if they did not inter- connect. There are systems that are not physi.cally possible to interconnect, there are so�►e that can be at great cost, and soa�e Frould be easy. The City Attorney said that this section was not inclu3ed in any ordinances looked at i� the State of Minnesota, however, it was included in one for Chicago. This sectipn is quite new, and if anyone i�as any suggestions on hoM it should lae drafted, he would be hap�py to talk with_them. � , Councilman Kelshaw said there were four school districta in the City of Fridley and this is definitely one of their primary concerns, alouq.with Anoka Ramsey Junior College. He said he had met with many people until late �t night on this very point. It is their feeling that if they cannot interconnect, thep are very limited and would be on dangerous ground. Mr. Libbey said it is a very difficult problem and there is no way for Fridley to control what a neiqhbozing co�nity does. Councilman Kelshaw said it would be a good selling point to have a franchise in Fridley in dealing with a neiqhboring community, because of their ability to intercannect within the sam� system. A representative of LVO frcm Boise, Idaho, said that if a certain company did not receive the franchise for Fridley, it may be a selling point to get a franchise in another community. For instance, Columbia Heights may not want to put into their ordinance what Fridley put in. They may not want intercoaulection. Councilman Kelshaw said that a cawpaay is out to make a profit and if 20$ of the channels are devoted to educational use, then there are a lot of school children in Columbia Heights that qo to school in Fridley, and it would seem that would be a gnod selling point to be able to inter.connect. The represzntative sa.id there was a difference of opiniozi s►ithin the industzy itself whether they will or will not interconnect. Mayor 1Cirkhain said he would like to see this crdinance secti,on left as i�t is. This puts the buxden on the company, and Fridley wants those compnnies which will intes- connect. The City Manaqer said this is a ooncern of all the cities. Fridley will be setting the trend to require interconnection. This is so�aethinq he felt the rest of the cities will want and conld then result in a nnified metro system. Councilman iCelshaw said that'this is the onlp way he pould want to see individual franchises awarded in the metro area. What good i� a syatem to the Anoka County Library, if they cannot interoonnect? Mayar Kirkhaa aaid that if some connpanies are not willing to intercosuiect and one oo�panY ia, then that co�a�ny could end up with a monopoly in the Whole metropol3tan area. Mrs. Black, 389 Rice Creek Terrace, asked if it Was not true that a city could not legally force a company to interconnect. Mayor Kirkham said he did not -�hink �o. The draft ordinance requires interconnection. Mrs. Black said apparently interconnection must depend on each cable television system. This ia the reason Deople want a moritorium declared until the i.nterc�nnection is resolved. Fridley is takinq a real risk on beinq out here all alone. 1�layor 1Cirkham said this is the lixst he haa heard of any real problem With interoonnection. Mr. Shafer said he must oa�ratulate the City Mmnager and the City Attorney on their valiant attempt to assure interconnection, and placinq the burden on the applicant, however, in his opinion.and that oP othez people, this is uo quarantee of interconnection. Fridley aaAnot qontrpi thp a�eiqhboring coQem�niti�s and there SPECIAL PUBLIC HEARING MEETING OF OCTOBER 12, 1971 PAGE 8 is a variance of opinion within the cable induetry. There are a few major equipment suppliers and this equipment does vary considerably. It is not neces- sarily just a matter of patching cables between two points. There is a study being conducted now sponsored by Rarxi Corporation that is focusing their attention on interconnection which will be ready about th4 end of �his year. There may not be any way of guaranteeing interconnection short of nicro-wave and then you are talkinq asbout a conaidarable coat. In that case, Who Wculd bear the cost? The problam stems fran the �act t�at a signal starts out �t 'the headend, and qoes through a syittem.of aqplifiers. Ewery time it is ampli�ied, scaAeth#�q is-loat. Syst�ms vary in regard to haw many amplifications can be attained on a trunk line. There is actually a physical limit on the cable. It is not possible to lay a cable fro�m here to Bloamington and still maintain-quality. Quality is not written into this section in regard to interconnection, it may be possible for two canpanies to interconnect, but it may not produce a receiveable picture. Mr. Robert Hinkley, Genaral Television, Inc., said he was not a technical expert, but his people use uwstly Jerrold equipment and systea►s have been interconnected and as far as he knew, there was no problem. Mayor Kixkiiam asked Mr. Schcen if Teleaommunications used Jerrold equipment and Mr. Schoen said yes, but not exclusively. The City Attorney said, as a practical matter, it is logical to assume that the neighborinq comanunities will also place a strong emphasis on interconne�tion with Fridley, and they will probably also requi.re interconnection in their ordinancas as Fridley ic doing. � �' � Section 21. Service Contract Section 22. Rates i=,a�er af the audiesioo asked how t,t� blanits t�oal6 be filled in. Mayor �Cirkhaia explained they will be filled in later ait.er geft�nq the ieeling of the people. These rates are up to the Couticil. T'he ordinance was drafted by the �istration and they did not feel it wae within their province to sugqest fees. Mr. Jerzy Young, Asoka County bibrary, aeked tha� the library ]�e included in Section 22, B. A member of the"audience.said that h,e formerly vrorked for Jerrold in the manufacture of Jerrold equipment. He now awns an apartment h�se and is voncerned �vith that phase of 8ection 22. Most multiple dwellings built within the last decade have what amounts to a small cab�.e television unit built riqht into the building. He said as he reads the ordinan�e, i� seems t�at each unit weuld hook up individually. It w�ould be a simple oonnec�on to connect onto the apartment co�►plex, but then haw is the charge to be passed on to the apartment dwelleae? Moett apart�nents are wired with coaxial cable. H�a wiil the buildings be wired when they are alreadx v►ired up at the time of oonstruction? Mr. Steve Schoen said that a campany's equipment may or may not be compatible witti the equipmaent aAd wiring ti;e apartment house has . The hooku� �►ou18 be made to the mssteY atntennas and it waild depend on vrhat type of coaxial aable that was used. When they go into an apartment complex theg want to ensure that the aignal will be good. In a 120 - 130 unit apartment hou�ae, it may be neces9ary to add an amplifier at the headend, anc] they may not have to bother with the cables, The SPECIAL PUBLIC HEARING I�:ETING OF O(,'TOgER 12, 1971 PAGE 9 member of the audience asked how an apartment d�eller could be charqed.who is already hookQd up to thQ system naw used. It arould aeem to him that the charges should be placed on the apartnnent owner rather than the dweller. Mayor Rixkham said this brings up a very qood point �►d �uqgested he communicate his suqgestions for the wording to the City itana,qsr in writing. A nember of the au�,ienFe said thia nsutiona a mvrlthly service aharqe, ia �his the or�ly charqe? The _�,�y M�anaqe� said. th@ charges are defined on Paqe 2 under Section 1. The City Attflrney added that thsre would be one monthly charge and an initial installation charge. Tbe �ity•Manager $aid i� a s�bscribex chose to disconnect, there oould be a discon�ection charqe. A member of the.�tudience asked if there would be other wags of raisinq revenue besides t,he rates charged. :Mayor Kirkha� said the company could sell advertising. It � pointed out that thie would generate additional revenue besides that received #zoo� the �ates charged subscribexs and that amount should be exempt from the fees cLix�ed to the subscribers. Mr. Shafer said he.was not that optomistic about.the profita o� ca}yle television. There have . been.in�tances where � company Y�a� qone broke, T'�e predicti�n is t.�at the businee�a will pay off in 4 to 7 years. , Mr. Shafer said he had a suqgested change in the first aentence of Section 22, the last sentence could be changed to read: "Maximum r�►tes shall be set for the operation and-maintenan�e of a:.CATV,aystem are,.cietermined to be reasonabie---". The Frordinq would tigk�ten up this. sentence and make it tonqhex i.n a legal sense. His next suqgestion trould be thnt under Paragraphs 1► � B should.be added some provision for city offices. Mr. Young has sugqested that the l�braries be added. It may be that rather t�ti stating "City Offices" it could.be stated instead "Municipal Structures" as it vould be possible a,hookup may be wanted on somethinq other than an office building. On Page 31 there is a typographical error and "B" should be chanqed to "D". In this paragraph in the last line, he felt "may" should be chanqed to "shall".as "may" is suggestive and "shall" is a directive. The City Manaqer said hi5 thouqht in this line was that a comnpany may:want to furnish equipa►ent at no eharqe to a public body, such as the �chools, and he did not want to require t,h�n to iiape-� i� c}�aiqe �e�► tY�ey a�ay �ke a donstion. Mr.,Shafer said this was a warthy consideration, but there may be some other way of wording the phrase, such as adding "unless a donation is made or facilities are made available at less than �ost." Alao in that paragraph is the term "actual production costs" and asked if this was specific enot�gh.. This couTd be interpreted to mean actual production costs including overhead ete. It is extremely difficult tq deternine Mrhat the ac�ual production cost is, or haw long it takos for an invest�ent to write itse�.f off. He cont�jnped t�at edueatien,. the library arid the City a;e included, but perhaps othez institutiona sho�tld be included also, such as;the hospital to guarantee no one is miased. Secti.on 22 is the only seEtion,dealing with �ates, so perhaps s�ethinq should be said about leasing rates ask,ed by the company. The FCC makea reference to leasing out channels and they could be leasing to soaieone auch as the Jaycees, the Chamber of Co�erce, etc, ,. . . The FCC letter of intent u�kea,mention of � iach video tape equipment and the desirable qoal �ould be fox �_inch to be used by the lxal origination studio. He said he w�ould definitely reco�end a clause xequiring the system to be coa�patible with � inch video equipaient. . SPECIAL PUBLIC HEARING MEETZNG OF OCTOBER 12, 1971 PAGE 10 Mrs. Hughes asked if there was any comnunication With the hospital or the County. The City Manager said no, he believed the Li.brary Boaz'd has been designated as spokesman for the County. Mrs. Huqhes said that the Columbia Ice Arena wouid be designated as a public buildinq and should be included in that category. ' A lady in the audience said as to "actual production costc", if an organization wanted to use the local oriqination studio they would not have much idea how much the costs would be and could keeg�then► from using cable television. This phrase seems too vague. Mrs. Black said she understood this was to be on a first come, first serve basis, but would that not shut out a lot of the public? Mr. Shafer said the FCC letter of intent requires �bat for any prociuction time of less than 5 minutes, the campany must bear the cost, anythin9 more than 5 minutes would be at cost. Councilman Hazris said that perhaps some agreement could be worked out whereby undor certain conditions, non-profit gublic service organizations could be given special consideration. • Mr. Dick Harris asked how many channels are being talked of. The City Manager said that for most of the prograaQninq, the PeoPle will be using companY equiP' ment and the program will come out of the local origination channel. They will broadcast 40 - 50 hours per week initially. The comparny will be very anxious to get organizations to put on programs to fill the lacal origination channel csble casting schedule. 20� of the available channels w�ould be for. educational use, civic use, libraries etc. Mr. Harris said it will cost scnneone to transmit these public service programs. Where does that money come from, the consumer? Mayor Kirkham said the consumer always pays w�ether talkinq about cable television, electricity or the telephone. Mr. Harris asked how much it would cost the home owner, on the average. Mayor Kirkham said the suggested price would be in the range of $5 to $6 monthly. Mr• Iiarris asked if this would cover the cost of the 20$ for the public use. Mayor Kirkham-said other revenue would be derived, such as frc� advertisinq. � - - Mrs.'Hughes said the Couniy Hcard of Com�issioners have daked the Library to ke�ep an eye on cable television. It is not clear.to the County how they can be aerved. She said she had been looking into this for some time, and hae achieved a degree of aompetency and at this poi.nt she would urge a delay in� deliberations. She did nat want their suggestions to be construed as an endorsement to.go ahead necessarily, they just felt that if Fridley did award a franchise, they should be ready to make their requests. Mr. Bennett, a member of the audience said he was very disturbed at the level of this discussion. He would sugqest that someone should be competent and said that the Bloonaington consultsnt was notrush?sSThelmatt�ereshould beltabled oeallowence said in view of the comments , t�thy some time to read the ordina►nCe. Mayor Kirkham said that no one has suggested that the public hearing be clased. He intended to ask for a motion that the public-heaL'ing be continued. Soction 23. Permits, Installation and=Service Section 24 Extent of Service (City Wi.de) , ' � � SPECIAI, PUgI,IC HEARING MEETIiJG OF OCTOBER 12, 1971 Section 25. Additional Services PAGE 11 The City Manager said in Paragraph D, 1, the reason for the percentaqe fiqnre Was �t they wanted to assure that as the available channels increases, so will the percentage for public functions. He said he would like to re�pord the first line of D, 1, to make it read: "The company will establish the 208 of all channels exclusive of dedication---", � Mr. Bill Nee, 219 Logan parkway N.E., said in Paragraph A, proviaion is made that ail plans be submitt�d to the Council, but there is nothing said that they must be approved. Should there be? The City Attorney said this was a. ' point well taken, the plan should be approved and that wording should be in- cluded. A member of the audience asked who determines the use of the 20$ public service channels, it should be more specific. Mayor ICirkham said that would be considered. � , , , Section 26. Preferenti 1 or Discriminato Practices Prohi.bited A member of the audience asked if this was concerned with public access and would this be construed as included in the 2p$, He questioned if he should run for mayor, could he get on this system? 7�e City Attorney,said yes.. A channel will b� avaiiable for educational, governmental, cultural, etc. use, on a first.come, iirst serve basis. This oz�dinance does provide that if a person were to run for mayor, they.would be enti.tled to_the use of this system, Section 27. -Miscellaneous Provisions Mr. Bill Nee questioned the w�o�dinq in the Paragraph A, "---�aid application to �. be in its opinion the one best qt�slified ---". He wondered if "the one" should be added since this ordinancs qrant,� a franchise to only one applicant,. Councilman Harris said that this w�ould be a non-exclueive franchise, but this franchise ordinance awards to only one campany. Councilman Breider said this is covered � in-Section 2, Page 3. In Section 2, it says "one or more", but since this only awards to one, maybe that should be restated. It �ras explained that this is a non-exclusive franchise, althouqh this specific ordiriance would award to only � one. It ina�r be that sometime in the future, anothex aable cca�pany w�ould want to compete. If another franchise ia ever awarded, t.his same procedure w�ould have to be qone through as with this one, with pnblic hearinqs arid another ordinance ' written and passed on first and second readings. Awardinq.thia fraachiae in no waY quarantees the successful applicant that another company may not at soone time c�e into Fridley. - , Mrs. Helen Treuenfels said there urere representatives from other interested at the time the ��P�ies proposals,were r.eceived,..The �ounci� then s�d.that no other proposals coulci be received because a ta.aee limit was set for them to � meet. It was made clear that these were proposals, not bids. The statement was made that when the time came to ask for bids and oonsider a franchise, it woul� be opened up for evoryone. Councilman Harris said he did not recall such a statement being made. They were never cailed bids. It was felt t�at a time limit , was set and those three no�w considered did meet this limit, theretore it could not in all fairness be extended. If there is a success€ul applicant, and if there is another that made a proposai �at was not satisfied because they did not qet the � award, they would have the right to petition the City to say they wanted to compete with the fian that was granted the franchise. Mrs. Treuenfels asked if there was a tape of that meetinq and Councilman Harris said both ta�s and minutes are available. � SPECIAL PUBLIC HEARING MEETING OF OCTOBER 12, 1971 PAGE 12 Councilman Kelshaw said he believed what was said was thit if the CounCil decided they did not want to accept any of the three proposals, they could be rejected and then go out for bids. There had to.be a tiaw limit set. There is still the possib�lity that these proposals will be rejectec� and in that case the Council could go out for bids or proposals. Mrs• Treuenfels felt that the City should be open for proposals until the franchise is granted. A member of the audience asked what was tha purpose in inviting proposal8. Mayor Kirkham said their interest was to get the best poasible proposal, and they wanted to see what these firms could otfer Fridley. Council.man Liebl explained that when the applicants presented their proposition to the Council, each representative appeared alone at a scheduled time, as if they were all present at the same time� obviously the first man would be at a disadvantage. Fridley is asking for a $25,000 bond which should mean, if an applicant vrere willing to pay, that they were ready to offer service. This ordinance is not a final draft, the Council wanted the input from the people. Mrs. Treuenfels asked if it was not the normal procedure to set up certain specifications and require a firm to meet thett►- Councilman Breider said there are indications from the companies that there may be a number of exceptions taken to this ordinance. If the commrents back from the three companies are such that they do not feel they can liva up to them, then the Council may go out for bids to see who can meet thszn. The de�3sion has not actually been made yet whether to go cable. A member of the audience said that may be compared to taking the bes� features of a Plymouth and a Chevro- let, comhining then►. and saying this is what we want. So�e companies may be automatically eliminated. Councilma�n Harris sa.id there were two ways of approachi.nq t1'iis matter, one was to sst down vrith a consultant and de�►elap ths criteria Fridla�y '�S �d give see who could �et it, or 1to do as r+as done, offar ta receive propo every company the.oPPort�1tY t° 4ive thei� begt �t• If they were in open competition., they ko�uld naturally �ant t�o 9iQe� t�� -best they had to offer. If criteria wore set out and no ows could meet it, ther► time and money would hav�e been wasted. On the other hand if the staaciar3s wers too lax a�►d everyone aould meet it, Fridley may not end up with the best possible system. A memb�er of the audience asked what is being done to see if �he people of Fridley want cable television. Mayor Kirkham said this is not something every person has to have, you have a free choice. If a franchise is awarded, it is up to the company to entice subscrib+era. if a person is happy with the channels they now have, fine, stay with them• Mr. Doyle Mullin said there are some that believe that an electro-�►agnetic field is a natural resource and not to be handed out to private comnpanies. This, he felt was a very serious consideration. What if the Cc�u�cil were to find out the people in Fridley did not want cable television. Mayor Kirkham said this i� the reason for the hearing, and Councilman Liebl added there were over 29,000 people in Fridley and this Council represents then► all. � A member af the audience said he did not feel qualified to even talk about this ordinance. This is an ordinance drawn up without the benefit of a con�ultant. Who is to judge th� technical areas? Counciln�n:Lieb1 asked if he would advise that the Council hire a c�onsultant with the people's tax mpney for private enterprise? Many of the audience responded "yes:" � , ' � � ' � ' � � r ' r ' ' , � ' � J ' � ' ' ' ' ' � � I ' SPECIAL PUBLIC HEARING MEETING OF OCTOBER 12� 1971 Section 28. Redress PAGE 13 A member of the audience questianed line 6: "---neces� to re ---° and asked if it �' Poa1 this ordinanc�; . wpuld.be aepealing an ordinance or a franchi�e. The City Attorney said it w�ould amount to one and the same. Under the tenns of the Charter a franchise must be awarded by an ordinance.. Section 29. Procedure �po� Termination SeCt2on 30. ViolatiOAs A member of the audience asked why the last part of the eentence on Page 37 was necessary. The City Attorney $aid this was a qood point and probably.ought to co� out, since if a second,franchiae was awarded, there w�ould have to be a�other ordinance anyhow. Section 31. Anplicable I,aws _ Section 32. Severab�litv Section 33. �ffeati,ve Date Councilman I�arris said, in conclusion of the hearing, there has been good input from the people of the caomodunity and from those to provide the service. There have been some questions raised that are not answered yet, and not sveryone has had a chance to review this ordinance, that perhaps would like to. He would suggest continuing the hearin,g to November lst and ask those submitting proposals to draft their ideas, criticism etc, and submit them to the City Manager before October 27th. He also asked,�ny of those interested citizens in the audience to draft their suqqestiona and submit them t.o the City Manaqer before that �ate. There may be new questions that occur to people and they could be inaluded. If �eY �e in the hands of the City Manager by October 27th, this will qive ths staff time to consider how to fit any �hanges into the ordinance. MOTION by Councilman Harris to continue the public hearing on the cable television franchise ordinance to the Meeting of November 1, 1971. Seconded by Councilman Kelshaw. ' Councilman Breider said he w�ould like to have it continued to the second meeting in November which is the regularly scheduled public hearing night. Zt �,rould be hard to give a matter such as this attention at a regular meetinq, because of the amount of regular business_that i� necessary then, Councilman Harris said that ' his understanding was that there Was not too heavy a load for the first meeting in November. If the public he.aring was continued to November 8th, this would only allaw a few days before it would aqain c�me back on November 15th. This amount of ' time w�ould not be enouqh to qet additicnal input that_.miqht coa�e from that meetinq. If it was he2d the firat meetinq nfyht, theze �rould be ample time for input. Councilman Breider said it would not nece$sarily have to come back on the 15th, enough time could be allo�ed as t,he Council authorized. Councilman Harris ' said true, but he did not want to.find themselves in the position of continually tabling the ordinance and thsn havinq to re-advertise. The applicants have taade their prapo�als in qc�od faith. and this w�uld.still give themi two opportunities ' to provide additional informati�n. Co�uncilman Breider asked ths applicants�i! 15 days was enough time to analyze the ordinance and get their caamnents back. � SPECIAL PUBLIC HEARING MEETING OF OCTOBER 12, 1971 PAGE 14 Mr. Libbey said he did not see any reason to hurry and he agreed with Councilman Breider. There should be full opportunity for study. He said he could not speak for the people of the company, on whether 15 days would be enouqh, but surely Fridley would get better answers if there was more ti.me. MATION AMF.NID�D by Councilman Breider to contixue the public hearinq on the ordinance to the tt�eting of November 8, 1971. Mayor Kirkham called for a second to the amendment, rsceived none, and declared the AI�NDMENT DIED FOR LACK OF A SECOND. TI� VOTE upon the motion, being a voice vote, Kirkham, Liebl, Harris and Kelshaw voting aye, Breider voting nay, Mayor Kirkham declared the motion carried. RECESS: Mayor Kirkham declared a recess at 10:36 P.M. The Meeting was reconvened at 11:05 P.M. . PUBLIC HEARING ON VACATION (SAV #71-05) OF A SIXTY POOT WIDE PUBLIC STREET, UTILITY AND DRAINAGE EASEMENT GENERAi.LY LOCATED SOUTH OB GARDENA AVENUE AND WEST OF GRACE HIGH SCHOOL: (MATTERHORN DRIVE) The City Engineer showed the area on the overhead projector and said the.proposed vacation would re-align Matterhorn Drive to the west, as the church has changed their plans. The City w�ould have to get an easement back for a water line up to Gardena Avenue. The St. Paul Archdiocese has been given appropriate documents for their siqnatures. Mayor Kirkham asked if there r+as anyone pregent that wished to speak. A resident said he lived on Tennison Drive adjacent to this property and he wondered why he received a notice of this vacation and the people across the street did not. The City Engineer explained that the notices are sent out to people within 300 feet of the proposed vacation. This is to advise people of what is happeni.ng in their area. MOTIOPI by Councilman KelshaW to close the public hearing on the request for the vacation of Matterhorn Drive. Second�ed by Counci]man Breider. Upon a voiae vote, all voting aye, Mayor Iti.rkham declared the hearing closed at 11:09 P.M. PUBLIC HEARING ON THE RF�ZONING ST (ZOA �F71-05) BY FiFsAL �TE 10, INC, , GEI�RALLY IACATED AT HZLI,WIB� RQAD IN THE 1�00 Mayor Kirkham read the public hearinq notice and the City Engineer shov+ed the area on the overbead projector and ssid this request for a re�oninq `+as frvm R-3 to CR-l. The Planning Co�is�io� reoommended a,PPrrnrsl and their coamaents are in the Council Agenda. . Councilman Liebl said thati, as �ras sugge�ted in the Planning Caam�ission Minutes, he w�ould like to see same kind of liv� scree�inq, such as trees or shrubs, rather than a fence. 1� fence aoulc} not improve the aesthatics oi the area. Mr. Franlc Girdler, Real Estate 10, said_he agreed and they did not vrant to put in a fence. The area wi11 be landsaaped w3th evergreen trees. - � PUBLIC HEARING MEETING OF OCTOBER 12, 1971 PAGE 15 ' Councilman Harris said there was some conversation on Real Estate 10 giving the ' proper legal description by platting rather than a metes and bounds description, and asked if they were willing to do this. Mr. Girdler said yes. , ' �l '� ' ' , Mr. A.T. Gearman said that he owned the adjacent lots, Lots 3, 4, & 5. About a year ago he tried to get these lots split to get the assessments applied to each lot and the Council ruled against him. The minutes of that meeting at that time stated the Council wanted the whole corner platted. He said he would like to know the Council's present thinking on this. The City Attorney has said that for property of this magnitude, it should be platted. Councilman Harris said this position has not changed. Mr. Gearman asked if such a small parcel could be platted and .Councilman Harris said anp owner could plat hi� land. Counci]man Harris said that as he recalled, there was a multiple lot split asked for. The Council will allow a lot to be split only once, and more than that w�ould have to be platted. A plat would give a legal description by lot and block rather than a metes and bounds description. Mr. Gearman said his reason for requesting the lot split was a matter of $5,000 in escrow. Mayor Kirkham said the minutes could be researched. The Council did not want lot split upon lot split, but if he would want to plat, fine. Mr. Geam►an said this would have solved his problem a year ago. �EounciLnan Harris asked if he had two or three buildings and Mr. Gearman replied two. Mr. Gearman said if this parael is rezoned, would it not restrict the whole corner from developing R-3? He felt an office building woul� be ont oP place in a " residential area. � MOTION�b� Councilman xelshaw to close the public hearing on the rezoning request � by Real Estate 10, Inc. Seconded by Councilman Liebl. Upon a voice vate, all ayes, Mayor Kirkham declared the hearing closed at 11:20 P.M. PUBLIC I�ARING ON i�TER, SANITARY SEWER AND STORM �&EWER PI�TE�CT #105, AD�fDi)M �l • The City Engineer s�owed the Tocation of the water lines proposed on the overhead projector. In Oak Hill Addition, the line would be extended down to the existing line on 53rd Avenue. The proposal is also to exter►d the line south of I. 694 east of Target by Emt�ers �d.Gulf. Councilman Liebl asked if all the property is owned by one individual and the City Enginesr said no, Tarqet, Mr. Glover and the Herringers are involved. Mr. Art Shay, Target Stores Inc,, said that he w�ould like to request��tha t the water line for Parcels 2400 and 2210 be deleted f� this projeat. The Gulf Station and Embers are served now. Mr. Gerry Herringer, 1731 Irmsbruck Parkway, a�ked if the line wo�ld be $15.27 per foot estimated. �The City Assessor said yes, this aould be for each side of the property. In one area, the assessment w�ould be only for one side. On the area going north, the assessment would include the Glover property. Mr. Herringer asked if the City would be asauming ar�i obligation since the water line would be looped. The City Enginaer said no, not for a 6" line. Mayor Kirkham added tMat a looped line is an advantage to the property owner. Mr. Herringer asked when the water line went in on 53rd Anenue and why was the line not extended to serve those three lots at that time? The City Enqineer said the line went in in about 1959. SPECIAL PUBLIC HEARING MEETIPiG OF OCTOHER 12, 1971 PAGE 16 Mr. Chet Herringer said it w�ould have cost much less than the $15.27 if �t would have been put in then. Councilman Harris commented that yes, perhaps it should have been put in then, but no one here now was here then, a�nd could not answer why it was not put in. Councilman Kelshaw asked if he owned the property then. Mr. Chet Herringer said yes. Mayor Kirkham pointed out thnt the loop in the Water line is an advantage to the water user, so there is not a dead-end and an accumulation of rust. He added that the property owner always has the oppor- tunity to petition for an izaprovement and if he warited the line in then, he could have gotten it. Mr. Chet Herringer said that it seems out of place to pay $15.27 for water on two sides, and added that he has never been opposed to any water and sewer improvements. Mayor Kirkham asked Mr. Herringer if he was protesting the project and Mr. Chet Herringer said no, just the price. The City Enqineer continued by showing the location of the sanitary sewer lines proposed on the overhead projector and said this .unprovement is basically the same location as the water line. The facilities on the west side of Target on 53rd Avenue would be to serve the new Day Care Center. The line on the east side of Target would be an extension to the south to serve the property west of F�►ibers and Gulf, but he understood that Target also objects to this improvement, and would like to have it deleted from this project. Embers and Gulf are served now, but if there were any future development of the property, the line would have to go in, and he wanted to point out that it xould probably cost more. Mr. Shay confirmed the City Engineer's statement and said Target did not want the sanitary sewer line east of Tarqet put in. MOTION by Councilman Liebl tp close the public hearing on Water, San�tary Sewer and Sto�m Sewer Project i�105, Addendum� #1. Secondsd by�-t�ounci].maii Kelshaw. Upon a voice vote, all votinq aye, Mayor Kirkham declaxed the hearing closed at 11:32 P.M. PUBLIC HEARING ON STORM SEWER PRU78CT �101: The City Engineer showed the area on the overhead projector and aaid thia is one of the last large stoxza aewer projects to go into an industrial area. In 1968 the Council ordered a pubiic heering and the fiqurea were given at that time. The Council chose not to order in tlze projeat because of the unresolved problems xith Spring Lake Park. As the Council is fully aware, the cost participation problem with Spring Lake Park is of a}�out three and one half years duration. There were three differant proposals presented and the Council chose to take the system that provided the best sarvice for the whole area. The proposal now is the same as in 1968, but realistically, it might not be practiClal to put all the improvement in in o� year, rather to stage the project over a period of time, and put it in as the develo,pment requires. In the meantime, Fridley mi.ght get the cost participation by Spring Lake Park. The Engineerinq Department's re- commendation is to order in the total improvement project, and stage the improve- n�ent so as to take care. of the most pressing problems in the first stage. As tiie Council will recall, a man was present fra� Barry Blower to report a problem they had with the ditch. The most immediate work should be to enlarge and lawer tbe cul�vert under the railroad tracks and rip rap the bar�ks of the ditch by 78th Avenue by the buildings. There is also soma Qevrnstream work that nesds to be done. The suit with Spring Lake Park has been heard, but the outcome is still unknown. If the project 18 ordered in, and cost participation by Sprinq Lake Park is not forthcoming, he could not foresee a oomplete pipe syste�m as it r�rauld be entirely too expsnsive ior the property owners. It would have to be �omething in-betr+sen . � . i� ' ' II u ' ' ' � SPECIAL PUBLIC HEARING MEETING OF OCTO�ER 12, 1971 PAGE 17 Councilman Harris asked Mr. Dick Harris if he had done any borings on his property on Main 3treet. Mr. Harris said the water table seems to be 3' - 5' deep, but it is very erratic. Councilman Harris said he understood Lots 7& 8, Block 2 of East Ranch Estates 2nd Addition hit �rater at about the 6" level and this is then undevelopable property. �. Harris said he could not figure out how the strata runs. �e water table at the south end seems to be down, and as it goes north the land slopes dc�wn, but the water table rises. He said they bale� peat out beside the ditch and took out 2' - 3' o! peat and �osnetia�es ihere was water and sometimet there was not. During periods of dry Freather the land seems dry, but if there is rain, �he water stands. He said he knew Bob Schroer had this problem with his property. Councilman Harris said that if the problems with the property are qoing to exist uatil the systam is put in to 1�►er the water table, then he would be concerned about a piece-meal �thod that would really not take care of the water problem. The City Engineer said he would certainly like to see the whole projeat go in, b�ut'there are some facts of reality that must be considered. Eben if the Council ord�red in the whole project, it would still be staged and any work done would fit into the overall project. He did not think the culvert work could wait. If the Council ordered in the whole project, it Would give hi� department a vehiele to fit the pieces of work together into one overall improvea�ent. The ia�proveaaent still has to be ordered in before the work on the culvert could be done and iP the Council chose to wait 2-3 more years, the problem i,rould still be there. ' Councilman Liebl said that some street i.mprovements have already been put in and if there is not a storm sewer system, those peoples' money Mould be wasted. Something must be done about this storm sew+�r problem. He did not feel an , open ditch would be a pennanent solution, it would devaluate the property. He said he would endorse the City Engineer's recoamnendation to get this system implemented. II u ' ' ' , Councilman Harris asked how much he is talkinq of to do inm►ediately. The City Engineer said for the culvert work, rip rappfng the ba►nks of the ditch by the buildings near 78th and some down stream work west of East Riaer Road, about $100,000. This expenditurt wouid $till be used in any overall plan. The culvert and the stabilization of the bankst would'help the problem Barry Blower has. �oinq under the railrosd tracks is very expen8ive. Councilman Harris said this �rould do nothing for the Schoe� property or the othe� industrial propertiea, they would still have tlie high water table. Councilman Harris wondered if it would be poesible to do the �aork and defer the assessments until the utilities are completed and the property owners can utilize their land. The City Enqineer said that whatever ist put in will be part of the oversll eystem. Eventuallt the people wiil have to pay anyway. This is a project that will be over � million dollars, and if $100,000 is done, it t�ould still benefit the pro- Perty. Once th� project is ordered in, it becames a pendinq assessment. Council- man Harris said that in 8iat case the property ownere would have an assessment aqainat property they can�t sell. The City Engineer said that betwoen the con- Sitions of bad soil and high water table, makes a situ�tion where the improvea�ent is very expensive. Mr.-.1�larris said that he understood the situation and that ealething had to be ' done,_but it makes it rather difficult to have to spend $100,000 and have no immediate benefit. They t�ou1Q be assessed, but �ould still be saddled with the ditch and there would still be the situation of the Spring Lake Pazk Mater �� SPECIAL PUBLIC HEARING MEETING OF OCTOBER 12, 1971 PAGE 18 ' coming into Fridley. He hoped by this time there would be a decision on the Spring Lake Park lawsuit. Councilman Harris said that if he were a property owner in the area and was told that he would be assessed $6,000, then his property would be saleable, he would pay for it, but if he was told his assessment was $3,000 and he would still have the water table problem and could not sell the property, then he would object. This is why he suggested some niethod of deferrinq the assessment until the improvement is completed. MOTION by Councilman Harris to close the public hearing on Storm Sewer Project #101. Seconded by CounciLnan Liebl. Mr. Wayne Sether, 7649 East River Road, said he would assume when Mr. Schroer bought his property, he knew there was a water problem. He said he would be payinq $2400 and he would not be getting anything from it. These other property owners would be gettirig some valuable industrial land. Some of the people in his area have shallow wells and will be put out of water. There are only two deep wells. The City Engineer said there was a hearing held on putting in a water line to serve these people and they did not want it. It is possible this system could put these people without water sooner than expected. Mr. Sether said he would get nothing, but Mr. Schroer would be getting valuable land. Mayor Kirkham said he may feel that way, but everyone is charged with the disposal of water that falls on your land. THE VOTE upon the motion, being a v�ice vote, all voting aye, Mayor Kirkham declared the hearing closed at 12:10 A.M. MOTION by Councilman Harris that, recognizing the problem that does exist, the Administration prepare the proper documents for the next Council Meeting to autho- riz� the complete improvement, and w�ork out some method of deferring the a�sess- ments until the complete system is installed, or some alternate plan is approved by the Council. The City Engineer said if the Council orders in the whole improvement only that part that needs doing im�nediately would be done at this time until the cost participation problem is resolved with Spring Lake Park. This would still leave the door open to put in a complete pipe system, or part pipe. If the whole project is ordered in, it could always be cut back. Councilman Breider asked how low the pipe could go to be effective in draininq Schroer's property. The City Engineer said there were certain limits on how deep a pipe could be, but the culvert could be lowered 5' - 6' under the rail- road tracks and that would then lower the water table. Councilman Breider asked how deep the ditch would have to be. The City Engineer said if it was all open ditch, it vaould have to be 4' - 5' deeper than it is now. The slopes would be much more gradual than they are now. Councilman Breider said he was talking about a 9' ditch, and with the slopes for the banks, it would make it 50' wide. MOTION by Councilman Liebl to limit debate. Seconded by Councilman Harris. Upon a voiCe vote, all votinq aye, Mayor Kirkham declared the motion carried unanimouslx. TI3E MOTION was seconded and t�pon a voice vote, all ayes, Mayor Kirkham declared the motion carried unanimously. ' � ' � � ' � � L__I C' � � , L__I C, ' ' i� �I � LJ � L' ' ��� ' ' , � ' ' , ' � � ' ' � � SPECIAL PUBLIC HEARIAIG MEETING OF OCTOBER 12, 1971 PAGE 19 RESOLUTION #132-1971 - RE UESTING THE STATE OF MINNESOTA TO MAINTAIN CERTAIN 1lDDI'TIONAL SIGNALS : MOTION by Councilman Liebl to a3opt Resolution #132-1971. Seconded by Counci]�an Kelshaw. Upon a voiae vote, all.,ayes, Mayor Kirkham declared the motion carried unanimously. , DISCUSSION REGARDING PROPOSAL FOA CII�ITRAL COMMUNICATIONS FOR ANOKA �TY= Councilman Breider said that he had asked that this be put on tbe�l+genda. There ia a report in the Agenda from the Comaittee on Cziminal Investiqation and the Committee on Communications to $ie Joint Law Enforcement Council of Anoka County. There were so many problems with the central investigation program that it was not discussed, but he would like a resolution from the Council in regard to the com�nunications proposal. This is so far reaching he felt that it should be a Council action rather than by a representative. The effect would be that the dispatching would be done csntrally rather thaa locally.. T�is�re.is no provision for fire alarms or the.indiistrial surveillanQe. The County is talking about a$300,000 investment, and he would l�k� to know.how the Council feels about this type of activity. , :. _ - Councilman Liebl asked Gouncilman Breider, in his discussipns with that group, do the citizens of Bridley benefi.t, does it narit ths expenditure of $300,000 or is it a step backward? Councilman Breider s�d he, personally, felt that there were many other places to spend the $300,000, rather than in central dispatchinq. He said this w�ould eliminate one diap8tcheR, or two at the most. The City Manager said, as the Police Chief pointed out.in,his memorandum. Fridley would not actually gain anything because there would still have to be dispatchinq of fire vehicles. He said he did not know the.i+et�l i.a�l�cations, �ut he did not feel there would be an.adyantage,to.Fridl�y. Thexe v�ou].d also be.the losa of local control and any cen�ral dispatcher would have to b� inti.�aately kna+ledge- able of all the streets etc. in Fridley. MOTION by Councilman Harris to receive the information found in the Council Aqenda of October 12, 1971. Seo�nded by CounciLaan Li�bl. Upon a vosce vote, all ayes, Mayor Kirkham dec]�ared the motion carried unanimously. DISCUSSION REGARI}ING LIQUOR LIC'•ENSE FOR FIRESIDE RICE BOWL: Mayor Kirkham said that Mr. Wong projects a value of $300,000 when he is done with his remodeling. The Gity, in getting in new developments, may be overlooking some busin�essmen that are already here. Here is an anterprize that is already established and he wants to invest in improvements on what he has. So far Mr. Wong is still negotiating for the purchase of Schiek's,Cafe, but he cannot much longer. Councilman Harris said yes, and there, may be others.in the same position.. He said.he would,like to see so�nething on,what he wants to do. Mayor lCirkham said that he underatood Mr. Wong hae_.turned,in his plans and is waiting. MOTZON.by Counci]man Kelshaw to ask the Administration to place this item on the next regular Council Age��► and that the staff should go over the plans prior to the Council Meeting to advise Mt. Wong if there are any c�ondition� that will have to be changed to meet the Code prior to the Meetinq. Seconded by Council- man Liebl. Upon a voice vote, all ayas, Mayor Kirkham declared the motion carried u�nimously. . ., SPECIAL PUBLIC HEARING MEETING OF OCTOBER 12, 1971 PAGE 20 CITY FiALL OPEN HOUSE SPONSORED BY THE LEAGUE OF WI�MEN VOTERS OCTpBER 17, 1971: Mrs. Barb Huqhes said she would like to report to the Council that the work on the open house has gone very well and•the reaction of the ataff has been ex- ceptional and they have been mpst cooperative. She said she wanted to formally thank the City Council and the City Staff for their help. ADJOURNMENT: There being no further business, Mayor Kirkham declared the Special Public Heartng Meeting of October 12, 1971 adjourned at 12:30 A.M. Re ectfully submitted, � ,��Y�"�-C'�' Juel Mercer Secretary to the City Council Jack O. Kirkham Mayor ' ' � ' , ' � , ' ' , ' ' , � ' , � ' ' ' ' w THE MINUTES OF THE REGULAR COUNCIL MEETING OF OCTOBER 18, 1971 PLEDGE OF ALLEGIANCE: Mayor Kirkham led the Conncil and the audience in sayinq the Pledge of Alleqiance to the Flag. ' INVOCATION: In the absence of a me�-A of � the Ministeri�i Associ�ttion, Ma�*or Kirkiuua oftered the Invocation. ' 1 ' Mayor Kirkham called the Regular Council Meetinq of October 18, 1971 to order at 7:55 P.M. FiiDLL CAIS, : MEMBERS PRESENT: Kirkham, Liebl, Harris, Breider, Kelshatv MEMSERS ABSENT: None • ADOPTION OF AGENDA: Mayor Kirkham said he had only one item to add under Cca�nunications which mas a letter from Independent School District #16 requesting the vacation of 75�[ Avenue and Cleveland Street. MOTION by Councilman Harria to ad�pt the Agenda as amended. Seconded by Council- man Kelshaw. Upon a voice vote, all ayes, Mayor lcirkham declared the motion carried unanimously. VISITORS: Thera was no one present to apeak on any non-aqenda item. (There �aa a lady present lat'er in the Meeting Mho arrived after the Visitors section, who was heard) CONTINUED PUBLIC HEARING ON THE 1972 BUDGET: MOTION by Councilman IGelshaM to continue the Public Hearinq on the 1972 Budget to the Meatinq,of Novembar 1, 1971. Seaonded by Councilniar► Liebl. Upon a voice vote, all ayes, Mayor 1Cirkhsm declared the motion carried unanimously. CounciLnan Harris informed the public that the Council is at a point in their deliberationa where the mill levy is set. It will be 42.05 mills, which is a small reduction over the 1971 budqet. The Fin�ance Director was instructed to prepare the necessary pr�pers !or �e Meetinq of November lst. C-2) IN • �. - FUR iiEZANING REQUEST ZOA �71-03 BY JOi�i P. OF E _ , � REGULAR COUNCIL MEETING OF OCTOBER 18, 1971 PAGE 2 Councilman Harris asked if this would be a company owned building and if they are going to lease it out to a private individual. Mr. Youngdale said they are the owners of the property and the owners of the structure. They plan to operate under a lease arrangement to a private businessman. The City Engineer showed �he plans on the easel and the location on the overhead projector. American Oil plans to develop the easterly portion, approxi.mately �, into a quick-type convenience shopping center and the westerly �S into a gas station. He said if the Council qrants the rezoning and the special use permit, there are some stipulations in the Council Agenda that the Ac�uainistration feels should be made part o.f the special use permit. Mr. Wyman Smith said he had seen a copy of these stipulations and they are agreeable to them. Councilman Liebl said he would like to know Standard Oil's investment both now and when the structures are completed. Mr. Youngdale said they acquired this property, which is slightly less than 3 acres, 15 years ago for $9500. As to their anticipated investment, he said they would invest not less than $90,000 and not more than $100,000. This is only for the service station, Mr. Ernst would have to answer for the convenience center. The building itself would cost approximately �545,000 to $60,000 and the rest would be spent on the amenities required by the City of Fridley such as blacktopping, driveways, landscaping, fencing ,.etc. Councilman Liebl said the Council must look at this from an overall standpoint as to what is best for the community. They must look at the taxes generated and also look into the problem this development might create as compared to if an apartment was put in there. Mr. Ernst said, as to his investment, that the convenience center above grade costs would be about $100,000 for 6600 square feet of building. Councilman Liebl dsked him if his center would be as good quality as the one by Sandees on Central Avenue and Mr. Ernst said yes. MOTION by Councilman Harris to adopt Ordinance #491 on second reading and waive the reading, and order the publication held until the documents are received by the City for the right turn lane at this location and also the one on Mississippi Street. Also to approve the special use permit subject to: (1) Dedicate additional right of way needed for the installation of right turn lane onto University Avenue and pay for its cost (2) Provide additional planting on the south side of the property to give protection to the south residential property (3) Agree to dedicate right of way for right turn lane on Mississippi Street coming onto T.H. #47 fromt3�e west and (4) Agree to clean up all of the existing Standard gas stations which need it in the City of Fridley. Seconded by Council- man Kelshaw. Upon a roll call vote, Kelshaw, Kirkham, Liebl and Harris voting aye, Breider voting nay, Mayor Kirkham declared the motion carried. The City Engineer informed the applicants they will still have to follow the normal process of going through the subcommit�ees with their plans for a building permit. Councilman Kelshaw said he unc3erstood �;he struc�:.ure proposed was to be quite a bit different from the normal Standard Station. Mr. Youngdale said yes, there is only one other like it in the Twin City area, which is in Burnsville. Councilman Kelshaw asked if Standard Oil would upgrade their other stations and Mr. Youngdale said they have a very extensive modernization p�ogram. They have upgraded 36 and they own or lease 258 in the Twin Cities. Where the need appears to.be the greatest, this is where they pursue their modernization plans. This station will ' REGULAR COUNCIL MEETING OF OCTOBER 18, 1971 � ' � ' ' 'J ' , I� ' , �� ' ' ' ' ' , � PAGE 3 be unique and will be above and beyond anything that is done elsewhere. He said he wanted to add his thank you to the Council Por the way their requests have been handled. FIRST READING OF AN ORDINANGE REGULATING THE LICENSING AND MANNER OF CONDUCTING �IAIdCFsS : Councilman Liebl said that he would again like to impress upon the Council that he still feels this is an added burden upon an established smaller businessman. There are already a great number of licenses a man has to get to do business, and this additional $100 is going to tax these people out of business. He said he was very opposed to that amount. He could not see why the City needed this ordinance when the rights and powers are given in the State Statutes. Mr. Ji.m Gibbs, Prosecuting Attorney, said this ordinance incorporates the State Statutes by reference. The reason he w�ould reco�nend passing this ordinance is one of economics. If he prosecutes a person brought in for a violation under the State Statutes, the fine money goes to Anoka County. If he prosecutes under an ordinance, �S of the fine �ney is returned to the City. He said he could pro- secute under the State Statutes or a City ordinance, it would make no di�ference. He said now under the State Statutes for every dance, there is a policeman in attendance required, however, for the purposes of definition he would suggest that the wording in Section III be changed from "An officer of the law ---" to "Peace officer or officers---". Councilman Breider asked how they arrived at the fee amount. The City Prosecutor said, of course the amount is up to the Council discretion. The City Attorney arrived at that amount by exami.ning ordinances from neighborinq co�nmunities. Councilman Breider said the need for this ordinance was brought out by Mr. Gibson appearing before the Council. The only way the City has control now is through the license. He asked the Finance Director if the paper work would amount ot $100 to process an application. The Finance Director said no, but he pointed out there would be other things such as an examination of the premises by the police and inspections by the inspection departanents. Councilman Liebl said that Fridley now has inspectors that inspect establishments before a license renewed, to make sure any complaints are taken care of and that it is up to City standards. This does not merit another $100 cost. A man trying to sponsor a dance should not be penalized. He asked how many licenses a man would have to buy. The Finance Director said that w�uld depend on wi�at he dces, and the amount charged is up to the Council. A 3.2 license for one year is $120, a set-up license is $100, a cigarette license is $12 and if they are serving food, they would need a food establishment license which is $25. The Prosecuting Attorney said the cost of the license should be only that cost incurred by processing the paper work. With a liquor establishment, 3.2 place or a bottle club, the police would inspect the place and run a check on the man anyhow, so it w�ould be a duplication of serviaes. He w�ould question the practice of charqing through the license fee the cost of a policem�n inspecting the pro- perty because that person is already paying for that through his taxes. Counciln►an Harris said he would aqree with Mr. Gibb's coamrents and w�ould like to suqgest that the fees in Section II be stricken and repZaced with: "Fee for such permit shall be $25 per year". tiEGULAR COUNCiL MEETING UF OCTOBER 18, 1971 PAGE 4 Mayor Kirkham pointed out that before this conversation goes any further, it will have to be removed from the table by Councilman Liebl. MOTION by Councilman Liebl to remove consideration of this ordinance from the table. Seconded by Councilman Kelshaw. Upon a voice vote, all ayes, Mayor Kirkham declared the motion carried unanimously. MOTION by Councilman Harris to approve the ordinance on first reading witli the following changes: In Section II, "Fee for such permit shall be $25 per year" and in Section III, "An officer of the law---" be changed to read: "Peace officer or officers---". Seconded by Councilman Liebl. Councilman Breider asked the Finance Director to investigate the actual cost of processing such an application before the next meeting. THE VOTE upon the motion, being a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously. • CONSIDERATION OF EXTENDING UTILITIES TO SERVE MULTIPLE DWELLING AREA IN INldSBR�JCK NORTH PROJECT - PROJECT #103: The City Enqineer handed out copies of a letter he had received from Mr. Van Eeckhout along with copies of the permit Viewcon received which allows them to build the road. This item is being brought back at the request of Viewcon to authorize the construction of the utilities as originally planned. After some discussion with New Brighton, the road is to be built as originally proposed. This is the plan the Council looked at. Councilman Harris said he would have no objection in extending the utilities, but there may have been more discussion in the New Brighton Council minutes that Fridley should know about. He would like to make sure that this is not just a temporary road for construction use, and that ultimately there will be a final road to dedicate. The City EngiMeer said there would be a bond to provide for the construction of this road to good standards. Counailman Harris said this permit c�vers only a tenporary rosd, excavation and landfill. Councilman Kelshaw p�inted out that it is still a requirement that the road has to be completed before occupancy is allowed. MOTION by Councilman Kelshaw to authorize extending the utilities into the multiple dwelling and townhouse area as per original plans approved. Seconded by Councilman Harris with the request that the Administration obtain a copy of the New Brighton Council minutes. Upon a voice vote, all ayes, Mayor Kirkham declared th� motion carried unanimously. CONSIDERATION OF DELETING CiiARGE FOR IAT 14, BLOCK 1, OSTMAN'S 3RD ADDITION: (HARLAND BERRY) The City Manager said that at the last Council Meeting, a resolution was passed which certified the weed cutting charges to the County Auditor. This particular lot r�+as deleted from the resolution and tabled to this meeting, because of the number of questions raised ai regard to the bill. He said he had talked to Mr. Berry and had talked to the Weed Contractor and they seemed to reach an impasse, so he asked both Mr. Cutbirth, the Weed Contractor and Mr. Barnette, the Weed Inspector, to be present tonight. Councilman Liebl asked, to the best of his kn�aledge, if the work done by the oontractor represents a valid bill. The City Manager said yes, taking tiie word af the contractor. He pointed out there were about 500 parcels that were cut in this program, which were under the supervision of the Weed Inspector and it was impossible fCr h,j� �� b� at every site to ' ' ' Cl � ' � , ' ' , � ' � �� ' ' , ' ' REGULAR COUNCIL MEETING OF OCTOBER 18, 1971 verify the work done. The Weed Inspector had seen someone at pick-up work, and to the best of his knowledge, the work was adjusted charges were correct. PAGE 5 the lot doing done, and the Mr. Iipger Peterson, Harland Berry's Son-In-Law, said he would like to comment. There are some lots that were cut in the City by the property owner, then a bill was received. Why is this? This situation has happened to Mr. Berry. For this lot the charge was $96.38 which included 8 hours for a Jari mower and 8 hours for a riding mower. Zt would seem that it would only take an individual 4 hours maximum to cut a lot this size. There was also a charge for 2� hours for a truck. He asked how much was removed from this lot, and if they dumped, was it only from this lot? He has been told the Jari mower broke down and this is the reason for the reduction. He said he had asked Councilman Breider to take a look at this lot and he would agree it was a very poor job. The Superintendent of Public Works also agreed that a bad job was done. He said he and Mr. Berry felt they should be charged fairly for the job, but the job ahould be done right. Councilman Kelshaw said every person is supposed to keep their lots clean and the weeds cut, and if it is not done, the City dces it. ,He asked if any price was agreed to as a fair cost. Mr. Peterson said he felt the $24 for the mower was a fair figure. The City Prosecutor said the City sends a notice and if the work is not done, the City does it. Councilman Kelshaw asked then if there is no figure shown. The City Manaqer said that every lot differs greatly and it would be impossible to calculate what any particular lot w�ould cost until the equipment is there and the work done. There is s�etimes extensive clean-up required. Mr. Cutbirth is very reluctant to give any estimates. Councilman Kelshaw asked where the City stood in a situation like this. The Prosecuting Attorney said if Mr. Berry were to bring action against the City, Mr. Cutbirth would be required to justify the charges made in court. Mr. Cutbirth said he did not Delieve Mr. Berry was arguing the costs on this pieee of property as much as he vas the ordinance as a whole. In the past four yeara he has had trouble with Mr. Berry. The first year the ordinance was set into effect, his men were brdered off Mr. Berry's property. The next year there were a great number of complaints about lots Mr. Berry owns from people living nearby, and the next year Mr. Barnette assumed the Weed Inspector position. He then received mowing orders for some lots held by Mr. Berry. There have been a nucnber of questions on the charges on the Berry property. There was also an insinuation that some of his employees took some material belonging to Mr. Berry from one of the lots. He discussed this with Mr. Barnette and he said he knew nothing of anything taken from Mr. Berry's property by his employees. There was an agreement worked out, that he was not in favor of, whereby, he w�ould mow Berry's property free the follawing year and this was done. This year when this issue again came up, he told Mr. Barnette he did not want to mow this piece of property. There is a clause in his contract that allows him to refuse to mow a certain piece of property if it is unsafe to do so. This is a very rough lot and is hazardous to mow, and it is hard to bring the equip�nent on. After some haggling with Mr. Barnette, he finally aqreed to mow it. They did bring in a large tractor which got broken on this lot and a Jari mower we►s sent in, which also broke. There were two full loads of debris taken from that property. If he had removed all the debris the bill would have been astronomical. This lot should be filled in and leveled off to maintain the property properly. This is actually the seconc� time the biZl has been brought down, the first bill was for $105 and he brought it down to $86 and since thsn it has been brought down to $64. REGULAR COUNCIL MEETING OF OCTOB,ER 18, 1971 PAGE 6 The last time it was strictlp against his better judgment. He said he has been in this business for 18 years, and he realized that when he goes on a piece of property, the property owner does not want to spend the money, but is forced to, so he tries to hold the costs down, but sometimes he is unable to. Councilman Harris said the City is not in the lawn mowing business, but in the nuisance abatement business. If the Weed Contractor was asked to do the work as cheaply as anyone else could, the City would end up doing everyone's lawns. He wanted to make certain the Contractor is not asked to adjust the bill to the point where it would become cheaper for the City to do the work than for the property owners to do it thems�lves. He felt the bill should stand as amended at $74.78. Councilman Breider said the bill includes 8 hours for a Jari mower and 8 hours for a Jari mower operator. Did it actually take 8 hours to do this? There is a big clump of trees on the lot and they would have to mow around those. He looked at the amount of debris left and asked just how much was removed, also would it actually take 8 hours to cut a standard City lot? Mr. Cutbirth said that Mr. Barnette relies on him to give the number of hours spent on a lot, and he in turn must rely on his men. There were two men on the Jari mower for four hours. Mr. Barnette said he could attest to Mr. Cutbirth's statement. Of course he does not see every lot, but on this.occasion, he went by at 8:30 A.M, and again at 11:00 A.M. and there were men working on the lot. He added that the dump charge at the dump is $8.00, so that portion of the bill was also halved. Mr. Cutbirth said, in answer to Councilman Breider's question, that two full loads were taken from this lot and there was still some left. That lot is still a mess, and as he said, it should be filled and leveled for proper maintenance. Mr. Dick Harris said he was in the contracting business, and if a person uses any equip�ent, the nuiaber of hours and the equipment is certified to and that person signs a statement. Then at the time of billing there is no disagreement. He did not feel justice is being done to the property owner. The City should certify these chargas and if necessary, over�ee every job done. Private industry must do this. It would behoove the City to make certain of the correct number of hours and pieces of equipment. This would require more supervision. Mayor Kirkham said that somewhere someone's word must be taken. He was the successful bidder, and in a sense an employee of the City. What Mr. Harris is suggesting would make a situation where you would be checking the checker. Mr. Cutbirth's word must be taken, with occasional spot checking by the Weed Inspector. Councilman Breider asked how long Mr. Cutbirth has been the Weed Contractor and Mr. Cutbirth replied this was the 4th year. Councilman Breider said he would assume that in four years, he would have attained a degree of familiarity with some of the lots if Fridley, and he understood that sane were more difficult to mow than others, but throught there should be some way of sending out some rough estimates with the notice to the property owner. Mr. Cutbirth said an average charge for a lot this size is about $10. He added that he insists on clean-up before he sends his equipment in. Mr. Barnette said that Mr. Cutbirth feels that he could not give an estimate until he actually goes on the property. These same people have gotten a bill for the last 3- 4 years. He said he would be reluctant to quote any £igure and Mr. Cutbirth is too. When he notices a lot that needs cutting, it may be 10 days later that Mr. Cutbirth gets the mowing order. Councilman Breider said that if he qot a notice with a figure, such as $125, he would be quite inclined to do the work himself. Mr. Barnette said that the problem is a great many absentee owners. He would not like to bring in that ' CJ ' ' ' ' II� ' ' ' , � ' J ' Ll � , ' i� ' ' , LJ u , ' , C'� , ' J I ' ��'� L�' REGULAR COUNCIL MEETINC�r OF OCTOBER 18, 1971 PAGE 7 factor, they may get into a category where it could not be upheld. Mayor Kirkham pointed out that between the time the order is sent out, and the time a ' lot is cut, there may be another load dumped on the lot that the contractor ' did not figure on. Like it or not, many empty lots are used for dumping. Mr. , Peterson said that the owner is then beinq penalized for cleaning up other ' peopie's debris that is dumped. He felt a contractor should be able to tell , within $10 -$35 how much it would vost to cut a lot. Private industry must give estimates. He is in businesa and if his Jari mo�wer broke down, he should have brought in another. He said he cut a lot he owns and a month later he received a bill. Mayor Kirkham said that if a property owner choaes to do the work h�mself, he should notify the City that it has been taken care of. He pointed out that Mr. Berry has been billed in previous years, so he should have had a rough idea of how much it w�ould cost. He said if he had gotten burned once by a big bill, the next year he would take care of it himself. Apparently Mr. Berry chose not to, so he felt the bill should stand. Councilman Breider said-that he still felt that a property awner had a right to get some indication of how much the cost would be. Mayor Kirkham said that he thought it would be too much to ask for a bid on a particular lot, but,a schedule of prices could be published. Mr. Cutbirth said that as he pointed out, he first refused to cut this lot because of the difficult terrain, but only agreed to because of the number of com- plaints by nearby residents that were upset with the appearance of the lot. He , agreed the charge is high, but this is because of the difficult lot. He said he was not authorized to go onto a lot with a bu3ldozer and level it off. Perhaps this should be covered by the ordinance. He was called in because it was a rough lot and because it was hazardous, and if it was level, Mr. Berry may have taken care of it himself. . RESOLUTION #133-1971 - CERTIFYING CHARGES TO THE COUNTY AUDITOR TO BE LEVIED AGAZNST CERTAIN PRpPERTY FOR COLLECTION WITH THE TAXES PAYABLE IN 1972: MOTION by Councilman Liebl to adopt Resolution #133-1971. Seconded by Councilman Kelshaw. Upon a voice vote, all syes, Mayor Kirkham declared the motion carried unanimously. The City Manaqer told Coun�ilman Breider that an effort will be made in future years for some kind of an estiauate on difficult lots before the rrork is done. DISCUSSION REGARDING FIRESIDE RICE BOWL LIQUOR LICENSE: Mr. Glen Wong came forward and presented his plans at the Council table and said he plans on adding onto the back of the building and modernizing their kitchen. E�ren if they were granted a liquor license, .they.w�ould still like to maintain the family trade. The cost of the remodeli.nq is about $200,000, so including what they, have now, would total about $300,000. It has been said that people eat in Fridley ' for the food, but go to Bloomington for their atmosphere, he would like to offer an eating establishment with atmosphere too. ' Councilman Liebl asked lvw many they would be able to serve. Mr. Wong said at the most, 400. He said if they get their liquor licenss, they would still like to make about 80$ of their profits from the sale of food. The City Manaqer asked if his remodeling plans inciude refurbisliing the space he now has. Mr. Wonq said ' yes, they want to put in carpetinq, the new kitchen and two new washroaans. The � REGUL�2 COUNCIL MEETING OF OCTOBER 18, 1971 PAGE 8 City Manager asked if he had room enough for parking. Mr. Wong said yes, he could put in more toward the fence by the trailer court to the east. Mayor Krikham asked him how many cars the lot accom�ttodates now. Mr. Wong said about 80, but he owns more property and could take out a house, if necessary. Councilman Liebl asked when he anticipated doing this. Mr. Wong said if he gets an affirmative answer in a reasonable length of tia�e, he would go ahead and spend the money to update his place. Councilman Liebl said that Mr. Wong has helped Fridley on many nccasions, so if he qot his license, he would not move downtown? Mr. wong said no, he does not want to move away from Fridley. He said there was one thing that happened that helped influence his chonce to stay in Fridley. Last Sunday a number of young people came into his place and said: "Please don't go, this is the only place we feel welcome." He said Fridley is his hane and he is proud to be here. The City Engineer said that he wanted-Mr. Wong to be advised that if the improve- ment covers more than 50� of the established structure, the Code requires that the existing structure be brought up to Code. This would include such things as fire walls, supports, electrical, plumbing etc. Mr. Wong said he understood this, he had talked to various inspectors-for the City, and he would have his contractor look into it. Because of this aspect, he may have to figure $50,000 either way of his estimate. Councilman Harris said this agpears to be a very attractive building and w�ould be an asset to the community, and certainly a liquor license may be available. He suggested that since this is only a sketch and a plot plan, and nothing is really developed as to what he wants to do with the existing building, that perhaps the staff could look at the building with his contractor. There may be certain things that must be done that Mr. Wong has not considered yet. Mayor Kirkham agreed, there may be prablems he is not aware of that may cost him more money. Councilman Harris said they would not require full plans and specifications at this time, but the Council would like some plan on what remodeling is planned, such as the �nall treatment, interior design, the washrooms etc. Mr. Wong could be working on that at the same ti�'tiie ataff is inspecting his building and making their recom�en�dations. Mayor Kirkham said that what Mr. Wong wants is not a promise he will qet a liquor license, but that he would be considered for one. He has to know he ia not re- modeling without a license, however, the Council cannot make a blank promise. Councilman Liebl said that the staff should be in a position to report by the first meeting in November. Mr. Wong said in the meantime he would draw up a more detailed sketch. The City Engineer suggested to Mr. Wong that he have his contractor call his office, so that he may be advised what the City would require. ' LI ' ' � ' ' L_1 ' ' , ' � , ' MOTION by Councilman Harris to continue this item to November 1, 1971. Seconded by Councilman Liebl. Upon a voice vote, all ayes, Mayor Kirkham declared the ' motion carried unanimously. CONSIDERATZON OF FTRST READING OF AN ORDINANCE FOR REZONING REQUEST ZOA #71-06 TO ' REZONE F&�M R-1 TO R-2 (DOUBLE BUNGALOW) AREA GENERALLY LOCATED:ON THE S.E. CORNER OF CENTRAL AVENUE AND 69TH AVENUE: (DODIALD W. REESE) Councilman Liebl asked the City Engineer if the Administration had looked over this , area, and if they had any recommendations on whether it should be developed R-1, R-2 or R-3. The City �nqin�er Said that as far as develo�nent is concerned, the � REGU7�AR COUNCIL MEETING OF OCTOBER 18, 1971 PAGE 9 only lots with homes on them are to the east and the south. He showed the over- all area on the screen and outlined the zoning and park land that is adjacent to St�nson Boulevard and on toward the west of Stinson that is where the multiple units are planned. There are sane tax forfeit lots that Fridley hopes to get fr� the County in this area. He did not feel that Lot 16 would be conducive to single family homes because of the traffic and the industrial zoning to the north. The suggestion he offered was that if the lot was split, the south � might be maintained as R-l.because of the objection received fram Lot E. Who- eves would buy the south half of the lot �rould know that the north half would be �zoned R-2. Councilman Breider asked how deep Lots 16, 17, 18, 19 and 20 were. The City Engineer said close to 300'. Conneilman Breider asked how they would get access if the lots were split. The City Engineer said the existing homes are set far back. The homes in this area are not new. It would be possible that sometime in the future, these homes may be removed and a larger structure built. Mayor Kirkham asked if there had i'�en any zoning changes recently and the City Engineer said no, only those parcels along Stinson Boulevard. The area where Onans is is industrial and has been for many years. Mayor Kirkham asked what was the zoning across Central Avenue where the old pickle factory was. The City Engineer said it is still commercial and has been for s.ome time. Just to the north af that parcel are the three lots Medtronics owns that are zoned R-l. Councilman Liebl said that before any move is made that would set a precident, he felt there should be a recommendation from the City Engineer or.the Planning Commission on how this area should be developed. He said he would like this before he would be ready to v�ote. He said he was concerned that the Council do the right thing and is responsive to t�he community. Councilman Breider said he was not in favor of mixing R-2 with single family homes. By subdividing the lot and zoninq the north half for double bungalows and the south half residential would make them hard to build on. He would zecoaanend denial. Councilman Kelshaw said he would agree with Councilman Liebl and would like to get a recommendation. •He ,pointed out there is a�tel just south of the creek also. He also felt �is w�ould be a case of spot zoning. Councilman Breider said that if this is turned back to the Planning Commission, it may take some ti.me, and he understood the reason the Commission did act, was that the applicants were in a hurry for an answer. Mr. Blaine Edmundson, 10152 Butternut St. N.W., said he was a friend of Mrs. A�derson's and gave a brief hietory of this piece of property. (Already covered in previous minutes). He asked if the Council thought anyone would want to buy the lot for a single family residence. Mayor Kixkham pointed out Mrs. Anderson did. Mr. Edmundson said yes, in 1949, but attitudes bave changed since then. People then placed a premiwn on corner lots, but such is not the case anymore. There should be some type of buffer between the residential area and the industry to the north, and what would be better than a nice dbouble bungalow? Appraisers will devalue a home across from industrial property. Mrs. Anderson has property she cannot use and cannot sell,yet must pay taxes on it. The best use of the pro- perty must be considered. It has been mentiohed this would be setting a pre- cident, would that be bad? This action was started in June and they have been w�rking with the Planning Ca�nission aince then. Zt 3e unfair to keep her waiting this long. REGULAR COUNCIL MEETING OF OCTOBER 18, 1971 PAGE 10 Councilman Harris asked if there is a building on Lot 16 now. Mr. Edmuridson said no, and added that 25 years from now, if for some reason those homes on Lots 17, 18, 19 and 20 were destroyed, they would never be built back up as residential. As to Lot E, Mr. O'Loughlin has said he wants to build a nice home in there, but it has been for sale for 2 years. He said he had made a sketch of the property and they plan access for the north half on 69th and for the south half off Central Avenue. Councilman Liebl said the Planning Commission recommended denial. He would like to give this request back to them and ask them to consider this whole area. He said he was not sure how to insure proper screening for Mr. O'Loughlin, or how access could be provided for the other lots. He thought the Planning Com¢nission turned the request down partly because the applicants were anxious for an answer. Mr. George Zeglen (Planning (bm�nission) said that the first week in November would be the first this could be considered. Mr. Edmundson said that the owner of Lot 19 is present and asked if she would have any objection to the rezoning. Mrs. Raymond Logid, 1340 69th Avenue N.E., said no, sl�e did not feel it would be a detriment to the community. She would not find looking at a double bungalow objectionable. She added that there are going to be manp mu2tiple units to the east of there, so why object to just a double bungalow? Mr. Phillip 0'Loughlin, 5387 Altura Road N.E., said he had been a resident in Fridley since 1956. It is trne they did have plans to�build in that area, but there is not sewer and water available and they felt it was not economically feasible at this time, but he would still like to sometime in the future. If there was a double bungalow on Lot 16, he definitely would not. He pointed out that he pays taxes too, and he felt this area should stay residential. He said that if this area is rezoned to R-2, maybe others would also. Councilman Breider said that he was not svre sending this back to the Planning Commission would accomplish anything. Mr. Zeglen pointed out the vote was 5- 0 in favor of denial. On Lots 17, 18, 19 and 20,the homes sit quite far back on the Iots and he was sure these people are not going to destroy their homes to put in double bungalows. Mrs. Logid said the homes are about 19 years old, so they are really not that old. Councilman Kelshaw asked Mr. Zeglen what about the multiple area to the the east of Lot 16. Mr. Zeglen said the Planning Com�nission did not consider that, it is removed from this immediate area. Councilman Kelshaw said that perhaps the Commission should consider the whole area. Councilman Breider said that the people have indicated that they wanted to stay residential. Mayor Kirkham pointed out that the Commission was only asked to consider Lot 16 and what Councilman Kelshaw wants is to ask them to consider the area as a whole. Councilman Breider asked Mrs. Logid if she would rezone to R�2. Mrs. Logid said she would have no objection, it would not affect her, she would not be rebuilding. Councilman Breider asked her if she would object if Lot E was rezoned to R-2 and she replied she w�ould not object to that either. You are only talking about two families on Lot 16, and there will be many multiple units to the east of them. Mr. Donald Reese said they plan to spend $40,Q00 on the dauble bungalow on the north half of the lot. If they get the rezoning, they will try to get a lot split and thsy may sell the south half. He felt the lot would look much better with a $40,000 unit on it and that it would beautify the area. He pointed out to Mr. , REGULAR COUNCIL MEETING OF OCTOSER 18, 1971 PAGE 11 O'Loughlin that if he were to rezone to R-2, it would help the sale of his property. MOTION by Councilman Kelshaw to table this item, with the coimnent that there were some things he would like to check into before he votea. Seconded by Councilman Liebl. Upon a voice vote, all voting aye, Mayor Iti.rkham declared the motion carried unanimously. RECESS: Mayor Kirkham declared a recBSS at 10:00. VISITOR: The Meeting reconvened at 10:30 P.M. Mrs. Sandra Reid, 4573 Main Street N.E., Complaint of Park Construction Trucks Hauling at Night on Main Street: Mrs. Reid asked if Park Construction had a permit to haul on Main Street at night. She said they were hauling at 3:00 A.M. last Thursday. It did not continue on Saturday or Sunday. The City Engineer said they did receive per- mission to haul only to the FMC site at night. They do not have permission to haul on Main Street at night. Councilman Harris said he was glad she brought this to the Council's attention and added this is not the only complaint. Councilman Liebl said that he told Mrs. Reid the Council gave permission on a temporary basis to see how it works out. If there are too many complaints, the Council will again review the question when their time is up on the permit. There have been complaints on the blasting also. The Prosecuting Attorney said there has been a considerable a�unt of trouble through the Police Department, but not concerned with night hauling. They have been mostly traffic violations, such as speeding. Park Construction has been told of the trouble and they acted quickly and the complaints stopped. Mayor Kirkham assured Mrs. Reid Park Construction would be told and asked that she call the City Manager if it happens again. Councilman Harris said people have registere� complaints about the speeding on Osborne Road going past the hospital. It seemed they considered thQir speed limit 60 MPH both full and empty. The Prosecuting Attorney said they were told if necessary the radar equipaaent would be set out and there would be additional patrol cars. The Police Department has been assured by Mr. Carlson that he would talk to his truck drivers, and since then, the speeding seems to have stopp�ed. Councilman Harris said they did not receive permission tu haul on Main_Street at 3:00 A.M. and they should be notified of this complaint. The City Engineer said that in the beginning there was a dust problem from material falling off the trucks, so Fridley required sweepinq. They seem to have taken care of the traffic problems. If the truck drivers are hauling on Main Street at night, it may be without Mr. Carlson's knowledge. They have made a diligent effort to keep the problems to a minimum. The Prosecuting Attorney said that if they received permission to haul on any street at night, this is contrary to the Code, so the squad cars should be notified. The City Engineer said that before the const.ruction started, the Council was made.aware that there would be problems. Park Construction is trying to keep these problems to a minimum. He agreed he certainly did not want people bothered at 3:00 A.M. He said he �+ould continue to work with them. REGUI.AR COUNCIL MEETING OF OCTOBER 18, 1971 PAGE 12 � MOTION by Councilman Harris to instruct the Administration to notify Park Construction of the complaints received, and specifically, that they are not to haul on Main Street at night. Seconded by Councilman Kelshaw. Upon a voice vote, all ayes, Mayor Kirkham declared the motion carried unanimously. FIRST READING OF AN ORDINANCE FOR VACATION SAV #71-OS OF A SIXTY FOOT WIDE PUBLIC STREET UTILITY AND DRAINAGE EASEMENT GENERALLY LOCATED SOUTH OF GARDENA AVENUE AND WEST OF GRACE HIGH SCHOOL: (Matterhorn Drive) MOZ•ION by Councilman Kelshaw to approve the ordinance on first reading and waive the reading. Seconded by Councilman Liebl. Upon a voice vote, all ayes, Mayor Kirkham declared the motion carried unanimously. . FIRST READING OF AN ORDINANCE FOR REZONING REQUEST ZOA #71-05 BY REAL ESTATE 10, INC., GENERAI,LY LOCATED AT HILLWIND ROAD IN THE I000 BLOCK: The City Engineer reported there was one gentleman who objected to the rezoning and felt this was not the best use of the property. He felt that with the whole area multiple, that an office building would Be out of place. MOTION by Councilman Kelshaw to approve the ordinance on first reading and waive the reading. Seconded by Councilman Liebl. Upon a roll call vote, Breider, Kelshaw, Kirkham, Liebl and Harris voting aye, Mayor Kirkham declared the motion carried unanimously. CONSIDERATION OF SPECIAL USE PERMIT SP #71-02, HARLAND E. BERRY TO CONSTRUCT DOUBLE BUNGALOWS ON LOTS 3 AND 4, BLOCK 4, OSTMAN'S 3RD ADDITION PER CITY CODE 45.051, 3,D: Mr. Roger Peterson said that the lots in the present condition are a detriment to the area, and double bungalows would certainly be an improvement. They would be walk-outs to the rear and would appear as single tamily homes. East River Road is not the best place to locate single family homes, people do not want to build on East River Road. There are many homes for sale along East River Road. Councilman Harris said he had reviewed this location. There are only two empty lots in the area, and in the adjacent area are single family lots. It has been the policy of the Council not to allow double bungalows in a single family area. CounciLnan Breider asked if it was not correct that he tried to get this rezoned before. Mr. Peterson said yes, Lot 3. He was going to build and live on the property but when he was turned down, he bought a house in Coon Rapids. He said he still felt as he felt then, that this would be a good use for the property, and as it is, it is a detriment. He said if he could sell the property as R-1, he would have done so long ago.. MOTION by Councilman Harris to concur with the Planning Commission's recommendation and deny the request. Seconded by Councilman Breider. Upon a voice vote, all ayes, Mayor Kirkham declared the motion carried unanimously. RECEIVING THE MINUTES OF THE PLANNING COMMISSION ME:E'i'1NG OF OCTOBER 6, 1971: LOT SPLIT REQUEST: L.S. #71-10,�ADOLPH R. ELASKY: TO split Lots 9, l0 and 11, Block 4, Adams Street Addition into two building sites. � ' � REGUI,AR COUNCIL MEETING OF OCTOBER 18, 1971 ' � ' PAGE 13 The City Engineer said this request was to split three 40' lots and make two 60' lots. The Planning Commission recommended approval. MOTION by Councilman Kelshaw to concur with the Planning Co�[anission's recom- mendation and grant the lot split requested by Adolph R. Elasky. Seconded by Councilman Harris. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unani.mously. MOTION by Councilman Kelshaw to receive the Minutes of the Planning Commission ' Meeting of October 6, 1971. Seconded by Councilman Liebl. Upon a voice vote, all ayes, Mayor Kirkham declared ti�e motion carried unanimously. RECEIVING THE MINUTES OF THE BUILDING STANDARDS - DESIGN CONTROL MEETING OF OCTOBER 7, 1971: l. CONSIDERATION OF A REQUEST TO CONSTRUCT A DAY NURSERY TO BE LOCATED ON ' LOTS 1 AND 2, BLOCK 1, Q8K HILL ADDITION, THE SAME BEING 53IO MONRIDE STREET N.E., FRIDLEY, MINNESOT�1. (REQUEST BY SOCIAL DYNAMICS INC., 4570 WEST 77TH STREET, MINNEAPOLIS, MINNESOTA 55435): � ' The City Engineer said the Building Board recommended approval subject to their stipulations. They have three.lots and they plan to put the building on the easterly two lots. This location is just west of the Target property. The fifth stipulation by the Board concerns the parking requirements. They plan on 15 parking places and this does not meet the Code. � Mr. James Leidich, President of Social Dynamics, said they feel that 15 parking places is adequate. The Codes are not written for this specific kind of use. This will be more parking than is provided at their other buildings. The City ' Engineer said that their action would be to apply for a variance of the parking requirements with the Board of Appeals. � Councilman Harris asked if there would be outside activities and Mr. Leidich replied yes, there is 9000 square feet of play area and there will be a fence arouncl�their property. The City Engineer asked if they agreed to put in the sidewalk and Mr. Leidich said yes, they have enough roon, but he did not know if � they would put in the sidewalk or the City would put it in and they would be assessed for it. The City Engineer said it could be done either way, but he wanted to make certain it would line up with the sidewalk already there. ' ' ' - ' � ' MOTION by Councilman Harris to approve the building permit subject to the stipulations of the Building Standards - Design Control, changinq #5 to instruct the applicant to apply to the Board of Appeals for a variance of the parking requirements. Seconded by Councilman Kelshaw. Upon a voice vote, all ayes, Mayor Kirkham declared the motion carried unanimously. 2. CONSIDERATION OF A REQUEST TO CONSTRUCT A SALES AND SERVICE BIIILDING ON ALL OF PARCEL 4350 AND 4360 TI� SAME BEING 7501 HIGHWAY #65 N.E., FRIDLEY, MINNESOTA. (REQUEST BY V�RING CHEVROLET INC., 917 GRAND AVENUE, ST. PAUL MINNESOTA): The City Engineer said thase plans are for Viking's sales and service building on the Edison property and showed the plans on the easel, outlining the stipulations of the Building Standards - Design Control. REGULAR COUNCIL MEETING OF OCTOBER 18, 1971 PAGE 14 Councilman Harris said he noticed the green area in front has been reduced from what it is now. He felt the existing green strip should be maintained. The City Engineer said the Code requires only a 20' strip between the parking and the roadway. He tried to get them to maintain the existing green area, but they feel they need this area to display their new cars. They did provide some island areas. Councilman Harris said he felt the Council does have some latitude in requiring aesthetics. As the plans are now, it would be a sea of blacktop. The City Prosecutor said he would agree, but it has never been tested in court. What is there now was at some time required of the owner, so the question is, if the Council could require a new owner to maintain something �that was required of the previous owner. Councilman Harris said he has seen some new car facilities and they did a very nice job of landscaping. What Viking is providing is just one small strip of green. The City Prosecutor said he would like to talk to the City Attorney about making this requirement before the Council acts. He would have a report ready at the next Council Meeting. MOTION by Councilman Kelshaw to table this item to the November l, 1971 Meeting. Seconded by Councilman Liebl. Upon a voice vote, all ayes, Mayor Kirkham declared the motion carried unanimously. 3. CONSIDERATION OF A RE UEST TO CONSTRUCT A SECOND STAGE CONSISTING OF ADDED WAREHOUSE AND PRODUCTION FACZLITIES. PORTIONS OF THIS ADDITION WOULD BE USED AS TEMPORARY OFFICE FACILITIES UNTIL SUCH FUTURE STAGES ARE COMPLETED, TO BE LOCATED ON PARCEL 6600 N� OF SECTION 12, THE S�'.ME BEING 6970 CENTRAI, AVENUE N.E., FRIDLEY, MINNESOTA. (REQUEST BY MEDTRONIC INC., 6970 CENTRAL AVENUE N.E., FRIDLEY, MINNESOTA): The City Engineer showed the plans on the easel and said this is a three stage project, and this is the second stage of their development. The Building Standards Design Control recommended approval. MOTION by Councilman Liebl to approve the plans as sui�eiitted. Seconded by Council- man Harris. Upon a voice vote, all ayes, Mayor Kirkham declared the motion carried unanimously. MOTION by Councilman Kelshaw to receive the Minutes of the Building Standards Design Control Meeting of October 7, 1971. Seaonded by Councilman Breider. Upon a voice vote, all ayes, Mayor Kirkham declared the motion carried unaniunously. RECEIVING THE MINUTES OF THE BOARD OF APPEALS MEETING OF OCTOBER 12, 1971: 1. The City Engineer reported that the first item (Mr. Donald C. Bailey, 6260 Able Street N.E.) was still pending before the Board of Appeals, so no action is necessary by the Council. 2. A REQUEST FOR A VARIANCE OF SECTION 45.053, 4B, SUBP�IRAGRAPH 4, FRIDLEY CITY CODE, TO REDUCE THE SIDE YARD AD.70INING AN ATTACHED GARAGE FRlJM 5 FEET TO 4 FEET TO PERMIT THE CONSTRUCTION OF A 7� FOOT ADDITION ONTO AN EXISTING GARAGE LOCATED ON LOT 5, BLOCK 2, SHOREWOOD ADDITION, THE SAME BEING 6214 CAROL DRIVE N.E., FRIDLEY, MINNESOTA. (REQUE5T BY MR. KENNETH R. SWANSON, 6214 CAROL DRIVE NE, FRIDLEY, MINNESOTA): The City Enqineer said this variance request is to allow the addition onto a garage to make it a double garage. The Board of Appeals recommended approval. ' I� � ' �'� � � � ' � � 1 � � � I I ' � u i� � i ' � l _J ' REGULAR COUNCIL MEETING OF OCTOBER 18, 1971 PAGE 15 MOTION by Councilman Kelshaw to approve the variance requested by Mr. Kenneth R. Swanson with the Board's stipulations. Seconded by Councilman Liebl. Upon a voice vote, all ayes, Mayor Kirkham declared the motion carried unanimously. 3. A REgUEST FOR A VARIANCE OF SECTION 45.053, 4B, SUBPARI�GRAPH SB, TO REDUCE THE SETBACK F012 AN ACCESSORY BUILDING OPENING ON A SIDE STREET FROM 25 FEET TO 20�5 FEET TO ALLOW THE CONSTRIJCTION OF A DETACHED GARAGE ON LOTS 29 AND 30, BLUCK l0, PLYMOUTH ADDITION THE SAME SEING 4655 2�S STREET N.E., FRIDLEY MINNESOTA (REQUEST BY MR MAYN�RD•A. NIELSEN, 4655 2�S STREET N.E., FRIDLEY, MINNESOTA): The City Engineer reported the Board of Appeals recomnended approval. The hardship is the existing swimming pool in the back yard limits the placement of the garage. MOTION by Councilman Liebl to concur with.the Board of Appeals and grant the request for a variance for Mr. Maynard A. Nielsen. Seconded by Councilman Kelshaw. Upon a voice vote, all ayes, Mayor Kirkham declared the motion carried unanimously. MOTION by Councilman Kelshaw to receive the Minutes of the Board of Appeals ' Meeting of October 12, 1971. Seconded by Councilman Liebl. Upon a voice vote, all ayes, Mayor Kirkham declared the motion carried unanimously. � , � DISCUSSION REGARDING POSSIBILITY OF OUTDOOR SWIMMING POOL FOR FRIDLEY: Councilman Kelshaw said he had asked for this item to be placed on the Agenda because of the many questions he has received concerning this. He said the past week he received a letter from Mr. Robert D. O'Neill, 861 Rice Creek Terrace, President of the Fridley Swim Club, and he would like this letter to be kept on file and read it aloud. He said he did not want the Council to act in haste, but perhaps over the winter some conclusions could be reached, now that the outdoor swimming season is past. ' Councilman Harris said there was a suggestion made by one of the candidates running for office that he felt should be considered. It was suggested that a Capital Improvement Committee could be formed, and they could do some planning on how to pay for developments such as this. A committee such as this could be a ' very real asset to the community. He said he'would have no objection to having a swimming pool, but the big question is how to pay for it. This committee could be charged with making some recommendations along this line and if that ' question was answered, he would be favorable to the addition of such a facility. In some communities some portion of the liquor funds are devoted to this use. ' ' � ' � Councilman Harris continued fhat on September 20th, the YMCA exercised their option, and there will be a swimming facility within their complex. This raises the question if Fridley should provide something that will be provided by another entity. He suggested this inforniation should be passed on to the S�aim Club, it may be that the YMCA facility w�uld satisfy their needs. Counci.lman Breider said, if the Council agreed, the Administration should be asked to investigate the costs of such a facility, both inside and outside. Councilman Harris said this wuld run from $750,000 to $1,000,000 and could not be budgetted for a single year. Mayor ICirkham said he would agree with the comments offered by Councilman Harris. He added that until he sees soa►ething to substantiate the rumor that Moore Lake is REGULAR COUNCIL MEETING OF OCTOBER 18, 1971 PAGE 16 polluted, he would not accept it, and did not agree with the comments in the letter from Mr. 0'Neill that the present outdoor swimming areas are polluted and unsafe. As a field project for his students, he has checked Moore Lake and has found no evidence of pollution. He said this does not mean he is against the idea of a pool, only that he did not want anyone to accept as a fact that Moore Lake is polluted. MOTION by Councilman Kelshaw to receive the letter from Mr. Robert D. O'Neill, President of the Fridley Swim Club dated October 11, 1971. Seconded by CounciLnan Liebl. Upon a voice vote, all ayes, Mayor Kirkham declared the motion carried unanimously. RESOLUTION #134-1971 - STATING THAT THE FRIDLEY CITY COUNCIL DOES NOT WISH TO PARTICIPATE IN CENTRAL DISPATCHING IN ANOKA COUNTY: Councilman Breider said he would request that Paragraph #3 be deleted from the resolution, as Anoka County has set into force some machinery for use of the present equipment. He would also like to have Paragraph #5 deleted as the FCC has a lot of control over the frequencies to be used. MOTION by Councilman Liebl to adopt Resolution #134-1971, deleting Paragraphs #3 and #5. Seconded by Councilman Harris. Upon a voice vote, all ayes, Mayor Kirkham declared the motion carried unanimously. RESOLUTION #135-1971 - ORDERING IMPROVEMENT AND FINAL PLANS AND SPECIFICATIONS AND ESTIMATES OF COSTS THEREOF: WATER, SANITARY SEWER AND STORM SEWER PRfJJECT # 105 , ADDENDI7M # 1: MOTION by Councilman Harris to adopt Resolution #135-1971. Seconded by Councilman Kelshaw. Upon a voice vote, all ayes, Mayor Kirkham declared the motion carried unanimously. R�SOLUTION #136-1971 - ORDERING IMPROVEMENT AND FINAL PLANS AND SPECIFICATIONS AND ESTIMATES OF COSTS THEREOF: STORM SE�7ER PROJECT #101: MOTION by Councilman Harris to adopt Resolution #136-1971. Seconded by Councilman Breider. Upon a voice vote, all ayes, Mayor Kirkham declared the motion carried unanimously. CLAIMS: MOTION by Councilman Harris to approve payment of General Claims #26570 through #26659 and Liquor Clai.ms #6013 through �k6071. Seconded by Councilman Breider. Upon a voice vote, all ayes, Mayor Kirkham declared the motion carried unanimously. LZCENSES: Name Multiple Dyael]ings Address Units Fee Approved By Duane & Rosemary Oftelie 6503 E. .River Rd.. 5 4511 Gettisburg Ave. No. Minneapolis, Minn. 55428 Wm. A. Mechels 351 74th Ave. N.E. 11 155 97th Ave. N.E. Blaine, Minn. 55434 $10.00 Fire Prev. Dept. 11.00 Fire Prev. Dept. II � , ' �I� � , ' � , ' � , ' , ' LJ , � , � � � ' � ' , � � � � � ' � � � ' � REGULAR COUNCIL MEETING OF OCTOBER 18, 1971 LICENSES COIV`I'INUED: Masonry Bendiske Concrete & Masonry 825 Lincoln Street Anoka, Minnesota Plastering George W. Lovgren & Sons 5900 Wisconsin Circle New Hope, Minnesota General Contractor Random, Inc. 700 77th Street Circle Pine, Minnesota C.J. Corporation 701 Columbia Boulevard Minneapolis, Minnesota Style-Rite Builders 4517 Minnetonka Blvd. Minneapolis, Minnesota Cigarette Champlin Station 7298 Hwy. 65 Fridley, Minnesota Service Station Champlin Station 7298 Hwy. 65 Fridley, Minnesota Christmas Tree Lot Holiday Village North 250 57th Ave. N.E. Fridley, Minnesota Frostop Drive-In 7699 Viron Road Fridley, Minnesota Off Sale Beer Champlin Station 7298 Hwy. 65 Fridley, Minnesota By: Arthur Bendiske By: George W. Lovgren By: Fred Rehbein By: Clem Johnson By: Harlen Schraber By: Q Petroleum Co. By; Q Petroleum Co. By: Erickson Brothers By: Sherman Hanson By: Q Petroleu� �o. PAGE 17 Approved By Building Inspector Building Inspector Building Inspector Building Inspector Building Inspector Police Chief Building Inspector Fire Inspector� Fire Inspector Fire Inspector Health Inspector REGULAR COUNCII, MEETING OF OCTOBER 18, 1971 LICENSES CONTINUED: Food Establishment Frontier Steak House 7373 Central Ave. N.E. Fridley, Minnesota Champlin Station 7298 Hwy. 65 Fridley, Minnesota By: Ruth Arthur By: Q Petroleum Co. PAGE 18 Approved By Health Inspector Health Inspector MOTION by Councilman Breider to approve the licenses as submitted. Seconded by Councilman Liebl. Upon a voice vote, all ayes, Mayor Kirkham declared the motion carried unanimously. ESTIMATES: Hardrives, Inc. 10135 Central Ave. N.E. Minneapolis, Minnesota 55433 REVISED FZNAL ESTIMATE #5 for Street Improvement Projects St. 1971-1 & St. 1971-2 (MSA) ST. 1971-1 ST. 1971-2 Weaver, Talle and Herrick 316 East Main Street Anoka,-Minnesota 55303 October Billing $ 2,797.25 10,158.09 3,691.40 MOTION by Councilman Harris to approve payment of the estimates as submitted. Seconded by Councilman Breider. Upon a voice vote, all ayes, Mayor Kirkham declared the motian carried unanimously. COUNCIL APPRQVAL OF IAEFFEL-ENGSTRAND COMPANY BILL (RE UEST BY FIREMEN'S PENSION ASSOC., MUNICIPAL GAR�GE): MOTION by Councilman Harris to approve payment of the Loeffel-Engstrand bill in the amount of $5,184.00 by the Firemen's Pension Association. Seconded by Councilman Kelshaw. Upon a voice vote, all ayes, Mayor Kirkham declared the motion carried unanimously. AUTHORIZATION OF GERALD R. DAVIS CITY MANAGER, TO ATTEND THE 1971 ANNUAL CONFERENCE OF THE INTERNATIONAL CITY MANAGF�4ENT ASSOCIATION NOVEMBER 7 TO NOVEMBER 11, 1971: MOTION by Councilman Breider to uthorize the attendence of the City Manager at the 1971 annual conference of the International City Management Association. Seconded by Councilman Kelshaw. Upon a voice vote, all ayes, Mayor Kirkham declared the a�tion carried unanimously. ' � � � r � , ' � ' � � � ' � � � , � ' REGULAR COUNCIL MEETING OF OCTOBER 18, 1971 PAGE 19 i ' � COMMUNICATIONS: A. GARDENA ELEMENTARY SCHOOL: THANK YOU FROM PTA MOTION by Councilman Liebl to receive the com�nunication from the Gardena Elemen- tary School P.T.A. dated October 13, 1971. Seconded by Councilman Kelshaw. Upon a voice vote, all ayes, Mayor Kirkham declared the motion carried unanimously. B. INDEPENDENT SCHOOL DISTRICT #16: REQUEST FOR VACATION OF 75�s AVENUE AiJD , CLEVELAND STREET , MOTION by Councilman Kelshaw to receive the communication from Independent School ' District #16 dated October 14, 1971 and turn over their request for the vacation of streets to the Administration to process. Seconded by Councilman Liebl. Upon a voice vote, all ayes, Mayor Kirkham declared the motion carried unanimously. � DISCUSSION REGARDING NSP RELOCATION OF THE 115 KV LINE: Councilman Harris said that he was still concerned about the delay in the removal � of the 115 KV line. Their completion date was in August and it is still not completed. 1 The City Manager said he did have a verbal report concerning the poles along 69th Avenue. The reason they cannot be installed is because the poles are to be in- stalled underneath the existing line which is energized now. They have agreed to move them further back into the park behind some screening until they can be ' installed. He said he met with Mr. Warren Johnson and Mr. Johnson asked that the City not get involved in the negotiations for a short time as they feel that bringing in a third party may disturb the negotiations at this point and they � feel they are close to a settlement. He said he agreed to wait until the first of the year. It seems that NSP is trying to reach a resolvement of their problems with Burlington Northern. , MOTION by Councilman Harris to institute the procedure the Council used before and require a written report on the status of the removal of the 115 KV line from NSP to be received by the Council on the first and third meeting nights. ' Seconded by Councilman Kelshaw. Upon a voice vote, all ayes, Mayor Kirkham declared the motion carried unanimously. ' � , , � � ADJOURNMENT: There being no further business, Mayor Kirkham declared the Reqular Council Meeting of October 18, 1971 adjourned at 11:10 P.M. Respectfully submitted, �i���C'�V(/ Juel Mercer Secretary to the City COuncil Jack O. Kirkham Mayor _. .. �- n MEMO T0: GERALD R. DAVIS, CITY MANAGER, AND CITY COUNCIL FROM: MARVIN C. BRUNSELL, FINANCE DIRECTOR SUBJECT: DANCE HALL ORDINANCE DATE: OCTOBER 28, 1971 In checking with the Police Department and the License Clerk as to the costs of processing the Dance Hall License, the costs will not exceed $25.00 per year. _ ,� ' ' , L� � r � ' 0 � ORDTNANCE NO. �/� v AN ORDINANCE ADOPTING CHAp1ER 23 OF THE FRIDLEY CITY CODE REGULATING THE LICENSING AND MANNER OF CONDUCTING DANCES� THE COUNCIL OF THE CITY OF FRIDLEY DOES ORDAIN AS FOLLOW5: SECTION I. Minnesota Statutes Sections 624.42 to 624.54 inclusive are hereby adopted by reference and shall be in full force and effect in the City of Fridley insofar as applicable. SECTION II. No persan shaZ1 conduct a pubZic dance un.Zess he sha1l have first:obfained a permit therefore from the City, Fee for such permit sha11 be as follows: $25.00 Per year. I It is further provided that the CounciZ may grant permits without charge, when it is satisfied that the dance is non-profit or is the nature of a civic undertaking. , -_" � The verified app.Zicat.�on to the Clerk sha.Z.Z be upon b.Zanks furnished by the City. It shaZl state the name and address of the appZicant or orqanization. It shaZl state fhe location where the dance is to be held and the size of the dance area. The applicant sha11 be required to state if he has been convicted of a felony or gross misdemeanor within the past five years. The Clerk sha1Z submit-�said app.Zication to the Council. , The Council may grant or refuse said permit in its discretion. It sha11 not grant a permit unZess it is satisfied that the applicant is a person of good reputation, has not been convicte.d of a felony or gross misdemeanor for five years, that the location is proper and suitable, that sanitary , facilities are proper, and that applicant is capab.Ze of maintaining or_der. SECTION III. � � The permit sha11 be posted in a visable place at said dance. The applicants for said permit sha11 be held responsible for the manner of conducting said dance. A peace officer or peace officers must be present at all times while said public dance is being hel_d. 2 � SECTION IV. Any person violating any provision of this ordinance sha11 be quilty of a misdemeanor, and upon conviction thereo� shall be punished by a fine of not more than $300.00, imprisonment for not more than 90 days, or both. Person means any person, persons, firms or corporations. SECTION V. This ordinance sha1Z be effective on passage and publication according to 1aw. AZ'TEST : Mayor = Jack O. Kirkham City C1erk First Reading: October 18, 1971 Second Reading; ��„�y , � ��,� �� Publish: � 3 � IJL � ' � �J ' ' , -_ � � C • , ,,-, ,; ,k J � ORDINA.�CE N0, i1 ± " l� � � � �� AN ORDINANCE UNDEP, SECTION 12.07 OF TiiE CITY � '� CHARTER TO VACATE ST'REETS AI�?D ALLEYS AI`Tll TO `/�� ,� AMEND APPENDIX C OF THE CITY CODL ��, , �, 11 , �1 �, The Council of the City of Fridley do ordain as follows. SECTION 1. For the vacation of a sixty foot wide public street, utility and drainage easement, the centerline of wYiich is described as follows: Coi,:r:;enc:i_n�; r�t a. po'nt ti}iich �_ies oii th� noi•th Jj.iie of Ai.�h�:�ay i'oe xt1�� i���tarstate }li�}i:�:ay ?;o. 69•'f) a7ci l�es one hundrec? fa�'tY feeL (J_j0`) d3_stani f.roTM ar_d z��easured easterly of �-:�d at r3�lit �?xl�les to tl:e �:est :Li.ne o� the southea�;t qu.arte2• sectiori; ttiie�ice rxol•t.h az�d �a�:al�e1 to sa.ic� i�est line to a po�_r�t trhich i� G?3�&'+ �'ee� south of the nox�t�i )_iiic of sa3_d soiiti:east quarter. Fectior,, tl�ence to the rialit on a�sioelzti_al curve descz•Zbed by a 1.,;09oF� .fooL racL'.i:s, a centz-al ar,�1e oi' 2p° 32� �,�id a de;;z�re of cur•iatr,x�� c� 3°, a d-i..s�u�ce of 68!�.1;1r i'eet to a poini: of curve to c-ac�e (P�C�Co ) 1.oca�;eci on tlle noz th line of e,ai.d southe�st qu��rter sect-ion; the�lce to the lei� fxa�a �zid P.C.C. c�u a taL�;ent�.al c�tA'v7 de�cribeci by a sima_�.ar radi.vs of 1,909.E5 �'oot raclius, 20 J2 central an�j.e, and 3° cua•vature, a distance of 68<<a1;1� fee�; th�2ice norLh ��ra]_�el to �tI.2 trest la_r.e of the uort�east qi;axter es said Section 21t to n po�vt 1.ocai;ed on the centerliaze of Gaxdeaaa. Avenue aiid 392e49 fee� �'z•o� t}ie wer,t ]�ine of ��_c� roz•thea.st qtt,x��er r�easnred. alor.� th^ centerlir�e oi Garden; �1�;eriuea Al1 lying in that part of the Northeast Quarter of Section 24, T-30, R-24, City of Fridley, County of Anoka, Minnesota, Be and is hereby vacated, SECTION 2. The said Vacation has been made in conformance with Minnesota Statutes and pursuant to Section 12.07 of the City Charter and Appendix C of the City Code shall be so amended. � PASSED BY THE C�TY COUNCIL OF THE CITY OF FRIDLEY THIS � DAY OF i , , 1971. , IMAY�� - Jack 0. Kirkham ATTEST: ' CITY CLERK - Marvin C. Brunsell Public �iearing; October 12 1971 First Reading: October 18 1971 Second Reading: ' — Publish........ % �Mi � . V � _ ^ '� � y • . , �J . j_�� : _f `t✓ , n\ .. . ; , • � � , . � l; �' ,1 , �,' � :,> � 4 \`� t o � lr. ,,' :i G;y , �.�., � ,. • . .. � � � �� �.i.; J�Y� °f�� :� .� � •,', ���� �. '�,, ,�.'. `��� %► ��� � ���. j-� i�j� � � 5 ' � '. ,�/�e 4/�' . ;': i •r �� , . , �`� � , '' ' �, , � . �j %/ �: }c�•%;_i�7r:r 5�:. . .� � /' �\ .�/'� i-- r , r /R+ ^f ► , i . `i �. a o Ar / , �.. 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' . ��'� �� � �� . �' '" . : V .. ' "', _ /31 lf � � . � ,O } l •' •'r+• - " I. iG �'�" bc - a � - --i — -..if- � ( \1 . ' � •� �� rr � , 3 ;: s .,,. ;: , ._ ,,;;" �,.v ; �.+w�. ? ' � -; . Y ,t r "� :� { � � .�7i v,a' i ,; � , 7� . � . . ., '� , � i: :'' � � � a � � Z. , :� i Z � � ,. � r► - - � � • � •� --+�. �I., ' '_ __ y .,' � ' , a r M N ' ! - , � ; g' ""' i� b �o r� = a -- . � ;• � '' � Y �..-. ` ' ° =14 '' ' v Y �l`` ` . . ,i % � . , * .-� ' �'��% ^"W y� � $��. .F . �� � � , ' . � � • ' r , �, � 1 � ; , � . . •, � •. � � �. �,j� �� -' _ .�t �, .. ;. , � 7 , .�Mi . s � - :�!, �' ` a a . '� \ �I' - - . � c Y' , " . � f , ` �S �. f\ , r � ..,�, , ' � , �if , ,' �, ,•'� . _ � '� �'ss�` :1���'.�./i � , � j � . ., . � i � � � . . i!!fs .. j� , .l__ r:. / ' -• -• � i _ -- -- _--._- - --- - � � �'2 05 �� �� � � � . 4j ��, Q+Z � . A7Ntay • . .. � L+ ?r.gj �' . . . . A_ _ _ . _ ... ' _.�_. ' � „a� ------- -� �. �; . .. G�I��ti R��� - �.. . _ • _ •'~� . � vri J���. � � Zq , ` � , _ . , �,l . . .. . � N �S �M � . _.. . -- ' ` . . ` .. _ •� _ • • . � . . � � . . `gq �4 � � . . . �` ; � -r, , ' � • . , 5 8! - ��'e� � ��S � �j i � . - � � . . - . . • . _ . -' i' ' � � . • � . � .� � . . • ' '_ ' , . .. ,: . , � �+�.....s.. � , , � , . ,_ . -- . . T�'^�^_._.__. . � . :, . .. � . � . ----_. �-_ , -, . . .. > :. :.._ . ., .._..- _.t-•-.-- -• � . �. . . . � . � � • � . , � � � � r ' , , � � ORDINANCE N0. . ��� , � I� 1,. ��� � `) �� AN ORDINANCE TO AMEND THE CITY CODE OF THE CITY OF FRIDLEY, MINNESOTA BY MAKING A CHANGE IN ZONING DISTRICTS The Council of the City of Fridley do ordain as follows: SECTION l. Appendix D of the City Code of Fridley is amended as hereinafter indicated. SECTION 2. The tract or area within the County of Anoka and the City of Fridley and described as: Lot S(except that part thereof lying West of the Northeasterly right of way line of the outer drive of State Trunk Highway) and (except that part thereof lving East of a liiie drawn from a point in the Nurth line of said Lot 5 distan[ 1505.96 feet West from the Northeast corner thereof to a point in the South line of said Lot S distant 1393.62 feet West from the Southeast corner thereof) Auditor's Subdivision No. 25 lying in Section 24, T-30 North, R-24 West, City of Fridley, County of Anoka, Minnesota, Is hereby designated to be in the Zoned District known as CR-1 (General Office and Limited Business). ' SECTION 3. That the Zoning Administrator is directed to change the official zoning map to show said tract or area to be rezoned from R-3 (General Multiple Family Dwellings) to CR-1 ' (General Office and Limited Business). PASSED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS / � DAY �F � '' , 1971. ' e � � ' ATTEST: CITY CLERK - Marvin C. Brunsell Public Hearing: October 12, 1971 First Reading: October 18 1971 Second Reading: `, ��� Publish....... MAYOR - Jack 0. Kirkham �� , ' ' � � ' � , ' � ' ' ' � � � ' � � ZOA �71-05: Real Estate 10, Inc. Rezone part of Lot 5, Aud. Sub. No. 25 from � ��; R=3 to CR-1 _, t � , , �� ry �s Y �. � ti,, �•-�., k,� ,��. �y� � �� 'a. �a ' �' '� , �,` �° � ��4 CQ�% �Gli � l�� - - ;:5. v� > / ;l: :1 � rrr' . � t�f °s•.v�ra9 SE�:' ..2'4 ,,,. �.,� o� �.•� -,.,; �?,�,:�;/�t�., ,�v r,:� ,-,.� �_.`. / ._.... '. � ..y' --+'NS �ir_� \IrlKl�l.�`,-, �' +��n-s.:�� � >`� ' ..� � - � : r i � i�'• . . u � ' `Y�Y � � , I c « \ti Il ' -' :.�; � '-� d:! . ,.,� ss�.z.r „i � ° � .. . t�= ils E9 � r \ ' 'M \ � � J � y. �� �J• 1j y� �` � � � h ��' � o � ' r� � (JS J �. `�`�l` (SB'°) � dYj_�� .. 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Appendix D of the City Code of Fridley is amended as hereinafter indicated. SECTION 2. The tract or area within the County of Anoka and the City of Fridley and described as: Lot 16, Block 1, Auditor's Subdivision No. 10, lying in the Northeast Quarter of Section 13, T-30, R-24, City of Fridley, County of Anoka, Minnesota Is hereby designated to be in the Zoned District R-2 (Two Family Dwellings Areas). SECTION 3. That the Zoning Administrator is directed to change ' the official zoning map to show said tract or area From Zoned District R-1 (Single Family Dwellings Areas) to R-2 (T�ao Family Dwellings Areas). PASSED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF , 1971. MAYOR - Jack 0. Kirkham ATTEST: CITY CLERK - Marvin C. Brunsell Public Hearing: October 12. 1971 First Reading: Second Reading: ' Publish....... � � . ' �� ,-;��,�--���.1.; �•�!i �yf„l.�:' t `, �y ��.Y'f. • y y J J' L�e'��� �ts ��� `"�•;. '. �r.�.(-�T' ��.�J. _� '%•ti`°� � � Z � W �Q ZOA ��71-06: DONALD W. 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'Ll'.-_ -- ^ -_�' �- � _ � j� _J _—T ! � � � + � . . �'_' i f__ � ' S " A T E —.� �_ _!� �-- ,t - 1 \• / . � r I : � _ _�i ��''� �. i a `y-\ -' __._�' ' !� -T-- �.. ti- _.__ ----- � T =2 =-� ____"J � �. _--_ _�'-.__.� � =l : : ..�; � � � --__ _.. � 1 � � _ ,; � _ __ __ �� �I � . �, ! � , � -- , ___ _; t-�. - : � � . ..= � �:� "� `� � �z ,s i ( � -r--- - - . .-��.,'� .. , , .. . r': i . i . �i � I ; ' � j .� �� � ,! l '� ! - 1 t� ----�-ttt���f:---�,`@-� R-ef� �zo ---- . � ' '�° ������ �� � �-LIMITS OF CITY OF F��;���, ' _ � _� =E-.-7�.�n o � � 1' � ; _ �� � t"o-v c --b.^�cn � � ; 0/ I : � I � •. � � z)o ^ i i� � -- -- --- io 0 IN �Y = - �i (zssc> _ if! ,�l07 G' O�rmettt FOO (=6vo) i � 1 � � ^ ISP 4�71-10 Viking Chevrolet I Parcels 285"0, 4360 & 4350 �Tew & Used Car Sales s Code 45.101, 3B • �, _- N� Sec. 12 �w 4 � � /2,�/p) .I Aridertpn T�vclr�ny .S�rvitt,/�c. w _ Foo ._. . _. .------- i 2 6TOJ /'r,'i:�1'mn60u..--eff�Ef�O �ood � ' i ' (l�s� � Ow Rea /ry Lcr�. �G � � :�' t.r�. 8 ' �i I i 4 '� ! i. _ �I :i � Qi � � ' ' Z �' a� �zBSo> , , }'; � , 3ee ' � I ..__ _�_ ` __ _._, � -' ---- �i.-'-. _.. _lx-- � --1°=l- ---, �, �43FC� l --- _...--- Z� `� � � (285�/ i Ce�a./�E � � �� , o6o�;TSrs �n ' � _ � �. — '-- -- --- -. � ' (43S! ) �� I Y;,, w s��. ' Z �< _ , �' ;� �-- � '� , �. `� ' ide Dri�se. _ . _`_ 1j3>� . - -. I �.' _ " """ . _« : � � i � � a��1 ' ' ' r-- ; � V J I � i'E lf/ r' ��vo� i i i ��/� GO� W ! � ' iP �f9.4e � /�JfoJ � 2F 2,4i. I � '� I . � . ; r ; ,i 1 � 'S= - oZ0 --:C �_ 3 :� , �/�� , •}/ 4 .` /tzn,� ,`�,Z . yi: a�, Redrr, i.�c. f . Q ; �. � 4� --- � . 'G < (a6soi _ � -.. � �.��oo> �Ji/to� ri OriimeJfe �f10600d �46lV% 39B.As. , 4: � _—_' ` . l a '� �- .� , � i ; . J• ' � ' ' , ' ' ' ' ' ' ' ' ' 1 ' ' ' ' Building Stand;E�.ds-Design Control Meeting of October 7, 1971 Page 2 adequate parking b�cause parents would be upset if tl�:ey had difficulty delivering or picking up their childrer�. This would be basically a one story building, They will have 600 sq, ft. in a 2nd floor room that is used for a tutoring program in reading. The first floor would consist of a core area with seven teaching areas. It will be heated and air conditioned by electricity. They will have stub walls with sliding doors so it can be all open, They will have refuse pick up twice a week and Mr. Muhich asked them to use one of the parking stall areas next to the building for storage of refuse, They could fence in this area so as to screen it from the rest of the area, The play area will be a combination of grass and blacktop. Mr. Muhich told them all black�op had to have poured concrete curbs. Mr. Muhich told them to have their contracto:� come in for their license as it has to be approved by Council. They need a performance bond for landscaping, curbing and blacktopping. Apply for a certificate of occupancy at least two weeks before they want to move in. Mr. Leidich was asked when they intended to start construction and he said he had to meet with the City Engineer and get the drainage problems worked out before they could start, MOTION by Tonco to recommend approval of the construction with the following stipulations; 1. Frost footings under all bearing walls 2. Provide grading and drainage plan 3. Hand splits on center front of roof with asphalt shingles on the roof. 4. 10` radius on all corners of blacktop. 5. Waive the code requirement on parking until Mr. Mshich checked out the parking facilities at t�o other existing facilities to see how much actual parking is needed. Motion secon3ed by Lindblad. Upon a voice vote, all vo�ing aye, the motion carried unanimously, 2. CONSIDERATION OF A REQUEST TO COVSTRUCT A SALES ANA SERVICE RUILDING ON ALL OF PtiRCEL 4350 AND 4360 THE SAME BEING 7501 HIGHWAY ��65 N E, v � __ o , FRTDLE.., MINiJESO'.!.A, (REt�UEST BY VIKIN � CHF'JitOLET INC„ 917 GRAiJD AVENUE, ST, PF,iJL Ml. vNESO'� A , ) I � I i '. Mr. Ken Is�acson, owner of Viking Chevrolet, and Mr. Wyman Smith w�re present to present the request. This request covers �he existing building that will be remo�'eled, T':ey will have a body shop, repair shop, parts, retail and wholesale. They will sell new and used cars , ti1i1.�. have parking spaces for 140 ne�o cars and 140 used car.s. 11 ' �� ' ' ' ' ' , ' $uildin�; Standards-DesiQn Control MeetinQ of October 7, 1971 Pa�e 3 They will make some site improvements. Repair blackt-op. There i.s an existing bull pen area 40' x 40` at th� rear of s:he buildin� surrounded by a cyclone fence, The committee asked Mr Issacson if he would slat the existing fence for screening, He said he would do that> Mr. Iss�cson said the plans show r�ore lights than he inteuds to put in at this time. They will have sor:e photoelectric lights so the site will have some lighting all the time. Mr. Tonco said this would help the police to keep an eye on the property when it was closed. Mr. Muhich explained to Mr. Issacson that the legal description of the property was 7501 Viron Road. The previous owners had gotten permission from the Council to use 7501 Highway ��65 as their address and they should clear this with Council for their use. Mr. Issacson wants to use 7501 Highway ��65 as his address too a� it would make his business easier to find as more peopl.e would be familiar with that address, _. _ Mr. Muhich told Mr. Issacson to apply for a certific�ate of occupancy two :��eks before he wanted to use the building. He should tell his contractor he had to be licensed in Fridley, and that any signs he would want required an individual permit. � ' MOTION by White to recommend approval of stipulations: � 1. Slats in existing bull pen area, � 2. Provide security lighting. 3. 10' radius on corners of blacktop � ' r ' ' the construction with the following driveways. Seconded by Lindblad. �Upon a voice vote, all voting aye, the motion carried unanimously. 3. CONSIDERATION OF A RE�UEST TO CONSTRUCT A SECOND STAGE CONSISTING OF ADD ED WAREHOUSE AND PRODUCTION FACILITIES, PORTIO�TS OF THIS ADDITION WOULD BE USED AS TEMPORARX OFFICE FACILITIES UNTIL SUCH FUTURE STAGES ARE COM- PLETED, TO BE LOCATED ON PARCEL 6600 NZ OF SECTION 12, THE SAME BEING 6970 CENTRAL AVENUE N.E., FRIDLEY, MINNESOTA. (REQUEST BY MEDTRONIC INC,, 6970 CENTRAL AVENUE N,E. FRIDLEY MINNESOTA.) Mr. David W. Wagner was present to present the request. Mr. Wagner said the request was for a production facility and warehouse and a temporary office. The expansion plan was the same as th�y had presented before. The addition would be th� same plan. Mr. Tonco.�aid that the plan that was presented before was for one complete building and one shell. Mr. Wagner said both buildings would be complete no�o. Mr. Tonco asked when they would start construction �nd Mr. Wag;ler said it would be in a few weeks with completion in January of 1973. ' Mr. Wagner told the co��ittee they would be increasing the people employed at this location by 10%. Approximately 250 people wou].d be �mployed then. Mr. Muhich said they had space fo`r 320 cars so parking was no proble�n. Mr. Wagner said wh�au thois fuCute office facil�.��.es.were completed they � had room for rnore parking and could go to second Cier par.king if nee:ied. �� , � ' October,27, 1971 Construction Requirements For Remodeling And Renovation Of The Fireside Rice Bowl Cafe Providing Total Cost Exceeds 50% Of The Valuation r ' 1. Any span of floor joist, ceiling joist or rafters of the existing structure exceeding the span limits as set forth by the U.B.C. would have to be corrected by one of three methods; ' a. Reducing span with added beams and columns. � � ' ' ' ' b. Adding more joist or rafters as might be required to meet allowable spans. c. Adding larger structural members to meet allowable spans. 2. New stairway to basement meeting all requirements -(stair rail and tread ��d rise). 3. Add exits as required. 4. Add header above basem�nt exit. 5. All interior finish to be of one hour material if sprinkling system is not added. 6. Enclose mechanical equipment in basement with one hour wall and two hour ceiling. 7. Crawl space under dance floor is not to be used for storage without ceiling as required. 8. Remove all debris and provide screening and receptacles for refuse. 9. Any new additions would have to meet all codes. 10. Any fire prevention xequirements as per City Fire Prevention Chie�. 11. Any health and sanitation requirements as per City Sanitarian. 12. Existing plumbing & mechanical approval. Any additions or changes to plumbing and mechanical would have to nleet codes, Plans by engineer showing any changes or additions should be submitted for approval. 13. Existing electrical installati�n approved. Any additions or chan�es to electrical installations would have to meet codes. Plans by engineer showing any changes or additions should be submitted for approval. �n� � , 1 , ORDINANCE N0. AN ORDINANCE ADOPTING THE BUDGET FOR THE FISCAL YEAR 1972 � THE CITY OF FRIDLEY ORDAINS: SECTION 1: That the annual budget of the City of Fridley for the fiscal year beginning 'January 1, 1912 which has been submitted by the City Manager and modified and approved by the City council is hereby adopted; the total of the said budget and the major divisions thereof being as follows: REVENUE AVAILABLE General Property Tax Licenses Permits Fines and Forfeitures Use of Money & Property Shared Taxes Service Charges State Aid Liquor Store Transfe rs Non Revenue Receipts TOTAL P.E.R.A. Fund: Taxes Firemen's Relief Fund: Insurance Refund Taxes Police Pension Fund: Taxes State Aid Fund: Debt Service: Civic Center - Taxes Parks - Taxes TOTAL ITOTAL ALL FUNDS GENERAL FUND $1,037,146.00 43,380.00 50�, 550 .00 24,000.00 33,600.00 356,378.00 53,565.00 22,125.00 195,000.00 122,101.00 $1,937,845.00 $ 58,375.00 13,922.00 17,250.00 56,396.00 140,OOO.pO 35,500.00 44,400.00 $ 365,843.00 $2,303,688.00 REQUIREMENTS City Council City Manager's Office Finance (Elections, Clerk- Treasurer, Assessor, Auditing Legal Boards & Commissions Building & Grounds Police Fi re Civil Defense Engineering, Planning, & Building Inspection Public Works (Street, Snow & Ice Removal, Signs & Signals, Shop, Street Lights b Storm Sewer) Sanitation & Health Parks, Recreation & Band Reserve TOTAL OTHER FUNDS P.E.R.A. Fund Fire Relief Fund Police Pension Fund State Aid Debt Service: Civic Center Bonds Park Bonds TOTAL 14 $ 35,716.00 60,753.00 136,808.00 24,645.00 4,805.00 56,642.00 425,988.00 156,963.00 21 ,930.00 164,113.00 392,291.00 39,460.00 365,226.00 52,505.00 $1,937,845.00 $ 58,375.00 31,172.00 56,396.00 140,000.00 35,500.00 44,400.00 $ 365,843.00 $2,303,688,QQ � ' , ORDINANCE N0. (Continued) ' SECTION 2: That the Cit Mana e y g r be directed to cause the appropriate accounting entries to be made in the books of the City. ' ' PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF , 197�, ' �J ' ATTEST: ' ' CI Y CLERK - M RVIN C. BRUNSELL � Public Hearing: ' First Reading: Second Reading: Publish........ ' , , ' ' ' MAYOR - JACK 0. KIRKHAM ��� , �1 , ' ' ' , � �j !� �RESOLUTION N0. —� A RESOLUTION DETERMING THE NECESSITY OF AND PROVIDING FOR A TAX LEVY IN EXCESS OF NORMAL CITY CHARTER TAX LIMITS BE IT RESOLVED, By the Council of the City of Fridley as follows: SECTION l: That the Council of the City of Fridley heretofore received from the City Manager a proposed budget of the City of Fridley for the year of 1972 which proposed budget when examined evidenced the necessity of an additional tax levy in excess of the City Charter limits and, accordingly, there was then adopted on the 30th day of August, 1971, a resolution declaring the necessity for an additional tax levy and specifying the purpose for which such additional tax levy is required. FURTHER, The Council proceeded to hold public hearings pursuant ' weeks published notice in the official newspaper of the City. That hearing was held on the 20th day of Se te b to three (3) such public therein were afforded an opportunity to be heard7andamadelobjections,nifranyed there be, to the budget as then proposed. That after such hearing and after full discussion of the contents of the.budget and all objections thereto the Council further proceeded to correct and amend the budget in such way as was deemed necessary by the Council to be in the best interests of the City; and after such corrections and amendments the Council did pass and adopt by Ordinance on first reading on the , 1971, a budget for the City of Fridley for the operation o its usiness during t e year 1972, a co of which bud et is attached hereto for reference purposes as EXHIBIT "A", py 9 SECTION 2: Further, upon the examination of such budget originally proposed, corrected, and amended and adopted by the City of Fridley on the , 1971, it reasonably appears, and the Council does not find that the tax levy necessary to provide monies for the operation of the business of the City of Fridley during the year of 1972 under said budget, is and will be, when computed in accordance with law, in excess of the normal City Charter limit of thirty (30) mills on each dollar of the assessed valuation of the property in the City, but that, nevertheless, it is reasonable and to the best interest of the City in order to provide for the proper operation of the business and functions of the City du ring the year of 1972, to exceed such normal City Charter tax levy limit, and to levy taxes thereof sufficient to provide the monies necessary to the operation of the business of the City in aceordance with said budget. SECTION 3: That to provide money in accordance with the needs and purposes of the udget of the City for the year of 1972, taxes shall be levied in accordance with law sufficient to provide monies provided for an appropriated to and used for any other purpose, except asrmighthotherwiselbebe authorized by law, either under the general law of the State of Minnesota or the City Charter of Fridley. RESOLUTION N0. � __ 1.05�,��4 nn 17 584.00 — 57 489 00 45 26 .00 _ 52,142 OA 36 188.00 (Continued) �r-' I For the General Fund For Firemen's Relief For Police Pension Fund For Debt Service - Parks For Contribution to Public Employees Retirement Fund For Debt Service Fund - Improvement Bonds For Debt Service Fund - Civic Center Bonds PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF � �g��, MAYOR - JACK 0. KIRKHAM ATTEST: CITY CLERK - MARVIN C. BRUNSELL ' 1 1 �J � , , , ' � ' ' RESOLUTION N0. A RESOLUTION CERTIFYING TAX LEVY REQUIREMENTS FOR 1972 TO THE COUNTY OF ANOKA FOR COLLECTION BE IT RESOLVED, That the City of Fridley certify to the County Auditor of the County of Anoka, State of Minnesota, the following tax levy to be levied in 1972. General Fund Contribution to P.E.R.A. Firemen's Relief Police Pension Fund Debt Service Fund - Civic Center Bonds Debt Service - Parks $ 1.057.254.00 52,142.00 17,584.00 57,489.00 36,188.00 45,261.00 $ 1,265,918.00 BE IT FURTHER RESOLVED, That the amount herein certified with respect to the Public Employees Retirement Association is in the amount required by law. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS � DAY OF , 197�, ' MAY R- JACK 0. KIRKHAM ATTEST: ' ITY CLE K - MARVIN C. BRUNSELL ' ' � 1f� 0 1�� Pro ress R�ort on Liquor Store 3710 East River Road as of 10 A,M; October 29, 1971 1. Exterior walls erected. 2. Precast concrete deck in place, 3. Roof bar joist set. 4. No deck or roof. S. No interior finish. 6. No site improvement. I would estimate approximately 60% of exterior shell to be complete but only about 40% of the entire project. The contractor estimates the job to be completed before the coming Christmas and New Year holiday season. ' 1� ' ' II�OI'�� 8SSOC18% 11� 1S2S Glexwood dve�rxe Nortb / T�lspbo�s� ' MJ11M60pOIlJ�Minas.roia35403 377-3636, ' ' ' Gerald Davis. City Manager ' City of FYidley 6431 University Ave, N� �, Fridley, Minneaota 55421 � Deax Mr� Daviax Septeuber 24� 19�1 R. � . ytork, Pres. As per our converaation of this sorr:ing� I a� sending yov this 1 letter as to the intended achedule of the kitchen addition to the Shorexood Lounge on Highrray #65. ' Weather p�rmitting, Me intend to excavate ltiieaday �aorning. Thurs- day �orning, xe ahould be pouring concrete for the footings� By Nove�ber 1, rre �hould have the xalls up and the roof on. � The time alloxed for caapletion of the building xould be about three months from atart of cons�ruction. There are so �any appliances� el�ctrical and plu�bing in�olved� it is rather dif- ' ficult to state that Me could abaolutely have it done in three months. Haxever� xe are aiaing for a cospletion ao they can have a New Year'� opening. ' Youra very truly� / � �+' -' �- '. � � /i/�/,y�...,_ I\t_. � ' Rusaell Mork �f.` �.-��: Preaident � � /p � � ' � . 1�� 1 �� - , Progress Report on Shorewood I,ounge ' 6161 Highway ��65 as of 10:00 A,P4o � October 29, 1971 ' 1. C oncrete foundation to grade only. ' 2. Floor deck material on site but not in place. ' I would estimate approximately 10% of project to be complete as of today, ,' Once again the contractor estimates the job to completed in time for the coming Christmas and New Year holiday season, ' � ' . � -"_ , ' . ' _, ' ' � ' � _ ' , . ' ' � u: . ' ' ' ' � � ' ' ' ' � ' ' ' � C �J � ' PLANNING COMMISSION MEETING OCTOBER 20, 1971 PAGE 1 �� The meeting was called to order by Chairman Erickson at 8:00 P.M. ROLL CALL: Members Present: Minish, Zeglen, Erickson, Fitzpatrick, Schmedeke. Members Absent: None Others Present: Darrel Clark, Engineering Assistant APPROVE PLANNING COMMISSION MINUTES: OCTOBER 6, 1971 MOTION by Schmedeke, seconded by Minish, that the Planning Commission Minutes of October 6, 1971 be approved. Upon a voice vote, a11 voting aye, the motion carried unanimously. RECEIVE BUILDING STANDARDS-DESIGN CONTRpL SUBCOI►IIriITTEE MINUTES: OCTOBER 7, 1971 MOTION by Zeglen, seconded by Schmedeke, that the Planning Commission receive the minutes of the Building Standards-Desiqn Control Subcorrmiittee meeting of October 7, 1971. Upon a voice vote, a11 votinq aye, the motion carried unanimously. RECEIVE BOARD OF APPEALS MINUTES: OCTOBE& 12, 1971 MOTION by Minish, seconded by Fitzpatrick, that the Planni.ng Commission receive the minutes of the Board of Appeals meeting of October 12, 197I. Upon a voice vote, a11 voting aye, the rration carried unani.mousZy. RECEIVE PARKS & RECREATION COMMISSION MINUTES: SEPTEMBER 27, 1971 MOTION by Fitzpatrick, seconded by Zeglen, that the Planning Conanission receive the minutes of the Parks & Recreation Commission meeting of September 27, 1971. Upon a voice vote, a11 voting aye, the motion carried_unanimously. 1. CONFIRM PUBLIC HEARING DATE OF NOV�ER 3, 1971: REZONING REQUEST, #71-08, GENERAL REALTY, LOTS 16 THROUGH 22, BLOCK 13, HAMILTON'S AD� TO MECHANICSVILLE: Rezone from R-3 to C-2 (general business areas). Darrel Clark said that the City Administration added the Standard Oil property at 53rd Avenue and University to the request and asked that it be advertised at the same time. MOTION by Fitzpatrick, seconded by Zeglen, that the Planning Conanission confirm the public hearing date of November 3, 197I for the rezoning request, ZOA N71-08, by General Realty for Lots 16 through 22, B1ock 13, Hamilton's Addition to Mechanicsville to be rezoned from R-3 to C-2 (general business areas). Upon a voice vote, a11 voting aye, the motion carried unanimously. ' ' ' 21 Planning Commission Meetin - October 20 1971 Pae2 2• CONFIRM PUBLIC HEARING DATE OF NOVEMBER 3, 1971• REZONING RE UEST, ZOA �F71 09, BY CASTLE MOBILE HOMES� INC.: To rezone the Westerly 600 feet of the Northerly 750 feet of the NF}� of the NW'� of Section 12 from M-1 (light industrial areas) to C-2S (general shopping areas). Darrel Clark explained that this item includes the Frostop Drive In on ' Osborne Avenue and Highway �65. The owner is not one of the petitioners. His land will be included in the publication. , MOTION by Fitzpatrick, seconded by Zeglen, that the PZanning Corranission confirm the public hearing date of November 3, 1971 for the rezoning request, ZOA #71-09, by Castle Mobile Homes, Inc., to rezone the Westerly 600 feet of the Northerly 750 feet of the NE3y of the NW�L of Section 12, from M-1 (light industriaZ ' areas) to C-2S (general shoppinq areas). Upon a voice vote, a11 votinq aye, the motian carried unanimously. ' 3. CONFIRM PUBLIC HEARING DATE OF NOVIIKBER 3, 1971• REQUEST FOR A SPECIAL USE PERMIT, SP �71-14, CASTLE MOBILE HOMES, INC : For the location of Mobile Home Sales on the Westerly 600 feet of the Southerly 320 feet of the Northerly 750 feet of the NE� of the NF� of Section 12, per Section '� 45.101 - 3N of the Fridley City Code. MOTION by Fitzpatrick, seconded by Zeglen, that the Planning Commission ' confirm the public hearing date of November 3j 1971 for the special use permit, SP #171-14., requested by Castle Mobile Aomes, Inc., to Zocate a Mobile Homes SaZes on the Westerly 600 feet of the Southerly 320 feet of the Northerly 750 � feet of the NE� of the N[� of Section 12, per Section 45.101 -.3N of the Fridley City Code. Upon a voice vote, all voting aye, the motion carried unanimously. ' 4. CONFIRM PUBLIC HEARING DATE OF NOVEMBER 3 1971: PROPOSED PLAT FOR PHASE I& II OF THE TOWNHOUSE AREA By VIEWCON INC.: Outlot F located '� mile East of Matterhorn Drive and '� mile DIorth of I. �694. ' MOTION by Fitzpatrick, seconded by Zeglen, that the Planning Commission confirm the pu,blic hearing date of November 3, 1971 for the propo,se3d p1a,�fv� ��esl and II of the Townhouse area by Viewcon, Inc. being Ovtlot F located � mile East of Matterhorn Drive and a� mile North of I. #694. Upon a voice vote, ' a1Z voting aye, the motion carried unanimousZy. ' J ' r � � 5. FINAL REVIEW: TOWNHOUSE DE�IELOPMENT ROGER LARSON: North 813 feet of the East 3/4 of N of NE'�y of Section 13. Mr. Frank L. Reese, Architect for the Project, and Roger Larson, the petitioner, Were present. Mz. Reese stated thgt nothing had been changed from the preliminary approval and he understood that ao� this meeting is for the matter of detail. The final plans for the development were studied page by page, and Mr. Reese showed a colored drawing of the townhouse apartment. The 28 units will house 140 families. The homes will be in clusters of four. They are attempting to provide individuality by the use of several stain colors and different types of woods for the exterior. T�o homes were designed with one color and the other groups of two homes with different colors. They were not using fireplaces. ' � ' �J , ' � , , � ' � I � ' ' ' ' ' ' , �� Planning Cou�isaion Meetin� - October 20, 1971 Page 3 There is a large amount of green area and the park area above the creek will be dedicated to the City. In addition tennis courts, family barbecue area and play- ground area is provided. There will be a Tot Lot in the middle of the playground with modern equipment. They were providing more than FHA asked for. , Referring to grading, the South 2/3 of the property drains naturally into the creek. The landscaping will be in terms of trees, shrubbery, sidewalks and curbs. In front of each home there will be a tree and ash trees were recommended for the backyards. They vill not introduce fences as they prefer the natural and open look of trees .�nd buahes to break up the backyards. Easements are provided oa the West side of the property for future road-- the road has been dedicated along the East �ide. Street lighting will be pro- vided. They have typical plumbing, electrical heating and ventilation plans drawn within the units. Bids have been taken and they feel they are within the estimates and could hane the project going this fall. In answer to Mr. Fitzpatrick's question of why there were no windows in the end walls on the aecond floor, Mr. Ree�e said that, basically, these units have to be designed to have most of the windows in the front and back. All the ventilation and light requiremznts are set up so that the windaws in the front and back meet the requirements. The lower window shown on the drawing is in the dining room. Upstairs there has to be room for closets and bathroom along the side walls. There will be a full basement, Mr. Reese continued, and partitioned to break up utility and storage space. It will be unfinished -- no paneling or painting. There will be nine detached garage buildings. They do not show a concrete patio:as FHA frowns upon it. The three bedroom units will have 600 square feet for each floar. The windows are five feet high, 33 inches wide and the bottom.of the window is 18" above the floor. Mr. Zeglen said that when the request was before the Building Standards- Design Control Subco�i.ttee, the Subcomm4ittee felt changes should be made in the windows. Mr. Fitzpatrick dida't think it would bother the people to have more windows and he felt it would be more desirable. Mr. Reese said it `rauld cost about $100 per opening to add more windows. If they hoped to change the effect of the end of the wall, the best thing to do would be to use different types of wood rather than adding more windows. Mr. Minish asked haw many �tructure� were in the Development. Mr. Reese said there were 28 townhouse unit�, 9 garage buildings, and they were using $ different stains. Mr. Minish thought, that because t�ey were dealing r�ith a special �i,er,e of properiy, a model home woul.d help ia undezstanding how the whoie concept would look. � Mr. Reese said theq hadn't built a model, although oae of their coac�ns vas �aw the garage arrea vould reiate to t�e homes around it. Mr. Zeglen read the �inutea of the Building Standards-Design Control Sub- committee meeting of August 5, 1971 for review. ' 23 Planning Com�ission Meetin� - October 20, 1971 Page 4 Com�ent was made that there would be small lights at each front door which will serve a functional purpose as well as decorative. The street lights would be 150 Watt Mercury Vapor and installed on 20 foot poles. Chairman Erickson said that he could not accept some of the architecture that is really odd. This plan is basic architecture, but with very little interest -- he did not know what the answer was. Mr. Reese explained that FHA is using the same type of cost as they did six years ago. Building costs have risen, and they have to try to build within that price. Chairman Erickaon said he wasn't criticizing the design as they were doing the best they could under FHA, but he wondered if they couldn't do better. He asked if the rental goal was medium or lo�w income. Mr. Roger Laraon said they would not call it low income. They would be asking about $270 per month. Chairman Erickson said in that rental range, he did not feel the units looked it. The Cammis�ioa.recognizea these units are large and spacious. It is a tremendous layout and deaerves something individual. He believed a much better job could he done. The general layout is fine, and he was not knocking the low cost units. The commenr was made that the structures looked like barracks. Mr. Zeglen said the rest of the plans are good. Mr. Schmedeke said the location was ideal for thia type of development. However, the exteriors ahould be dressed up, perhaps block or stone. There should be at least one more window on the end wall. Chairman Erickaoa �aid the bigger objection is the blank wall, but he was not prepared to.say whether or not a window ar brick was the anewer. Mx. Minish said that the real feeliag rel�ted to the total design wt,�;.when you visualize 28 of these units scattered around, the result would be a lot of sameness. A better design would give improvement to the area as it is a desirable large tract of land. MOTION by 1►linish, seconded by Schmedeke, that the Planning Commission table until November 3, 197Z the Fina1 Review of the Townhouse Development by Roqer Larson of the North 813 feet of the East 3/4 of the Northeast Quarter of the Northeast Quarter of Section 13. Upon a voice vote, a11 voting aye, the motion carried vnanimously. Chairman Erickson repeated that there was general approval of the proposal. ADJOURNMENT : Chairman Erick�on adjourned the Planning Com�ission meeting at 9:45 P.M. there being no further business. Bespectfully submitted Hazel 0'Brian Recording Se�xetsry BI � , �� CJ , � , � , ' ' ' t ' � u CITY OF FRIDLEY SPECIAL PLANNING COMMISSION MEETING ` OCTOBER 27, 1971 The meeting was called to order by Chairmar. Erick�on at 7:00 P.M. ROLL CALL: Members Present: Fitzpatrick, Schmedeke, Erickson, Zeglen Member Absen.t: Minish Others Present: Darrel Clark, Engineeri_z�g Assistant- -� ._. . . �� PAGE 1 1. FINAL REVIFtid: TOWNHO'JSE DEVELOPMFNT, R0.>ER I,ARSON: North 813 feet of East 3/4 of N.'�1 of the NF 4 of Section 13. Mr. Roger Larson and Mr. Frank I.. Ree�:e we.r.e present. Chairman Erickson explained that the purpose of the Speci.al Meeting was to give the petitioner, Roger Larson, an opportu�ity to present some further pro- posals for the Tovmhouse Compl.ex so that the rEquest can get to Council at an earli.er time. They have come up u;ith somc additional exterior desi�ns. Mr. Reese said the plan for the ent�..re co�nplex would be using vertical grooved panels with a new trim. I�Tau� tt:e thi.nl:i.n� was to give more character. On the ends of the buildir_gs they ��ii h�. usi.n� rou�h sa�on vertica]. grooved panels, two ply boards arid a wide gr�ove instead. of the narrower one. The � location of the bedroom window ���a.1.1 be above the dini.ng room �•iindow with panels between and extending to Lhe roof. Th� panels will be flat, no tex- ture like the other surfaces. Ttiey will cantr.ast nicely with the rough tex- tures. In the front.of the build�_ngs, there will.b� bolder grooves. Along 69th Avenue, they will be addl.ng masonry firepl.aces in addition to the extra windo�as. The townhouses in the bsck of the devel.opment wil.l_ 'nave just the textured window treatment. They will use the same rough sa��m boa.i-ds as stio�an in the previu��s plan. There will be a permanent plastic coating on the wood to prevei�t warpin�. Mr. Reese had some on his own home for five years now. Mr. Zeglen asked how many units were on 69th Av�enue, and ttle answer was 25 li.ving units. The wi.ndows will be double hun� anodized aluminum of a dark a.mber color , with weld.ed glass. The shingle� will be asphalt shin�les. Fzont doors will have accent colors to go with the wal'1 panel. It wil.l r_ot have a regimented look. ' ' ' The garages will be the same character. �sTith rough sa.�rn boar.ds and. over- h3r..�s. There will be f.l.at- paint used on the ro�:�h sa,m boards on 69th Avenue, each uni.L with a different stain. Tnexe wil�. be a sr:�al.l. berm to screen the aiitemobi_].es from the street. , ' , II � � , ' 0 �J Special Planning Commission Meet'ing - QctcU�r 27, 19�1 Page 2 ' The landscaping was discussed and the members felt it was good. Mr. Schmedeke conunented that the new plans were quite an improvement o�er the plans presented at the last meeti.ng. Mr. Fitzpatrick n�ted that the overhang was different and a decided improve- ment. Mr. Reese said rhat the overhang is 24 inches on the front and sides and is rough sawn u�ood. Mr. Zeglen commented that the fireplaces and windows look ��ery good. He thought an all brick structure looks better than wood. Chairman Erickson said that he would be the last one to say a11 brick is ' necessary. A combination of wood and br.ick may be better, and sometimes all wood can look better. In our climate, how it ��i.11 stand up is of some concern. , Darrel. Clark said that the plans for the playground area have been reviewed with Paul Brocm, Parks DirecLor.. Mr. Brown recommended sorne changes and Rog�r Larson agr.e.ed with then. The ?..ocation of the equipment is satisfa.ctor.y. The suggestion was riade that ther.e be no teetex t.r,t:ters because of accidents, and ' to install smal]_ swings anc� small slides for the same reason. The Development will be using the same type �f eqttipinent that is installed in Fridley Citc Parks. ' � ii � , ' ' � �J Mr. Clarl: continued that the sewer is a short distance frovl where zt con•- nects to North Suburban Sanitary Sewer Di�fr_ict: a�zd Yzooks up on Cer�tia.l Avenue South of the railroad tracks. Sewer and water are both in. Chairman Ericksori asked if the dedicati_on oi th� par_?t area hac3 been made. Mr. Clark said not yet, but Mr. Larson's attorney will have papers ready for Council at their meeting. Mr. Clark said that the land is stilJ. in estate, and i1r. Fox, attorney f.or Mr. Larson, has Ueen given power to deed it to tt�e City. Chairnian Ericicso,l said the recommendation of the Comulission should haue trat con3ition attactied to it. Mr: Clark said that for a new pla�, the City has to have a certific�,te of survey. This townhouse development will bc� a.l]_ r.ent.al units. Mr, I.arson has been advised that if he sells any of the s±rizct:ures, he ��iill have to plat. The original agrr�ement by Fiamn,erlund, :[nc, was dated Sept�mber 30, 1969 and showed the dedication of park 1and. Criai.rn:�rz Eri.c��son comm:.�nted that the park land on the Soutti is not of an; .-alue tn �-he r:rop�rty o�mer. 0 ' ' , ' , ' '' , ' • ' -_ , � , ' , ' ' ' ' �y' � Special Planning Commission Meeting - October 27, 1971 ��) Page 3 r MOTION by Zeqlen, seconded by Schmedeke, that the Planning Commission recommend to the City Council approval of the F'inal P1ans of ihe Townhouse Development, incorporating the dedication of the Park with a svitable agree.- ment by Roger Larson and the City, and also including a11 the modificatior.s of the Townhouse Plans as submitted at this Specia] 1leeting of the Planning Corr�nission on October 27, 1971. Upon a voice vote, a11 votiny aye, ihe motion carried unanimously. ADJOUItNMENT : There being no furttier business, Chairman Erickson adjourned the meeting at 7:45 P.M. Respectfully subr,iitted �-� L C�� ���� z-�_ Haze��' Briai�. Recording Secretary � l' � � , 3; .�: -- --- -� � �? Pi! `i" �' Tol,mhouse Deve].op. 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(�, + �'.,� _ �jJ:..�� ._ .. + + ' � ' , '� t �1 `.. ^�} . , . rJ . � i � . �� , �.. �1 � {1 ., �5 �r, �+y �i .� L'___ .�...___� � . - �� l.. _ : _.__ _: ... _.. : _. ` �:_..�.�� _ _ _..�° � f! �,�'}i�, , -!.L i.---r� = l .._�.J....__.;�.__..�._� � ` i`" _._.__ � .. .. ____ . ' , °' �- . , �e. t' . ;,. � . ` '.-.:.... :.,.:.:.�_. . . y._._... _ " . . , .. .. ' . -.. _._._ _.._. � •�" " _ : . �" _ �n . - j , � ; � • , � � , � if« � - . �_ . ; :;- � _ � _ �-- . _ _ __ � - _ . _ , . , . _, 1 ' II ' ' ' � � v , BUILDING STANDARDS-DESIGN CONTROL MEETING OF OCTOBER 21. 19 The meeting was called to order by Chairman Zeglen at 8:10 P,M. � MEMBERS PRESENT: Zeglen, Lindblad, Gnerre MEMBERS ABSENT: Tonco, White OTHERS PRESENT: Hank Muhich - Chief Building Inspector MOTION by Gnerre to approve the minutes of the October 7, 1971 meeting as written. Seconded by Lindblad. Upon a voice vote, all voting aye, the motion carried unanimously. 1. CONSIDERATION OF A REQUEST TO CONSTRUCT A STORAGE AND ASPHALT BATCHING PLANT TO BE LOCATED ON PART OF LOTS 18, 19, 20, 23, 37, A��] 38, AUDITORS SUBDIVISION �k39, THE SAME BEING 3737 EAST RIVER ROAD, FRIDLEY, MINNESOTA, 55421. (REQUEST BY DUNKLEY SURFACING COMPANY, INC „ 3756 GRAND STREET N,E, MINNEAPOLIS, MINNESOTA, 55421. Mr. James London and Mr. Roger Dunkley were present to present the request. Mr. Dunkley said this new plant would be a very clean operation, There would be no polution problem. The location was ideal as they were at least a mile from any residential area, Mr. London said the south end of the site would be used for gravel and aggregate � storage. Mr. Zeglen asked ho�a high they would pile this material and how much problem there would be with dust. Mr. London said the piles would be about 30 ' feet high and the dust problem would be minimal as it was all washed material. The material would go through a ponding area so there would not be any polution problem. � LJ ' ' � � 1 1 The opPn areas of the site would all be covered with asphalt. Mr. Zeglen told them all curbing had to be poured concrete rather than precast. Mr. London agreed, Mr. Dunkley said the radius on the corners of the driveways would have a larger radius than required because so many trucks would be coming in and going out. Mr. Muhicl_� said all drainage problems had been settled with the City Engineer. The proposed building would have an all brick exterior except for the rea.r wall which would be concrete block. The first floor of the building will be used as an office & maintenance shop. The furnace, air conditioning and a storage area will be on the second floor. The storage ta�lks: used for petroleum products will be undergrouncl, They wi11 use natural gas for heating the asphalt so this presents no polution problem. - The site will be completely chain link fenced. The 8 foot fence w;.11 have decorative slats on the front and sides bordering on East River Road: Ttiey. will plant 2" green ash and linden trees in fzont-of the decorative fence. Mr. Lindblad said as the site was cc�►pletely screened he didn't think scr�p would be a problem. Mr. Lor,don said there would be a dumpster. � Mr. Gnerre asked the acreage of the si.te. Mr. Dunkley said it was almost the same as their present site, a little under 6 acr�s. �• � Building Standards-Design Control Meeting of October 21, 1971 Page 2 r MOTION by Gnerre to recommend approval of the request with no exception. Seconded by Lindblad. Upon a voice vote, all voting aye, the motion carried unanimously. The meeting was adjourned by Chairman Zeglen at 9:00 P.M; Respectfully submitted, .����.�' ��a��� . DOROTHY EVENS�N Secretary ; ' 0 , 29 ' ' ' ' ' � � ' � �I IJ ' u J , ' � , THE MINUTES OF THE BOARD OF APPEALS MEETING OF OCTOBER 26. 1971 The meeting was called to order by Chairman Minish at 7:30 P.M. ME1+'I�ERS PRESENT: Minish, Drigans, Sondheimer MEt�ERS ABSENT: Harju, Wall OTHERS PRESENT: Clarence Belisle-Building Inspector MOTION by Drigans to approve the October 12, 1971 minutes as written. Seconded by Sondheimer. Upon a voice vote, there being no nays, the motion carried unanimously. 1. A_REQUEST FOR A VARIANCE OF SECTION 45.053, SUBDIVISION 4. PARAGRAPH b, 5A, TO REDUCE THE SETBACK REQUIREMENT FOR A GARAGE OPENING ON A SIDE STREET FROM 25 Fi � BY MR CONS ABLE N.E. ON LOT 4. BLOCK 1 Chairman Minish explained this item was tabled to allow the applicant time to have a verification survey made and also to get the following additional variances written up and mailed out. MOTION by Drigans to remove this item from table. Seconded by Sondheimer. Upon a voice vote, there being no nays, the motion carried unanimously. � / �• v 45.0 B x�1x1c�; 17� SIDE YARD SETBACK REQUIRII�NT FROM 17� FEET TO �S IN FROM THE SOUTH SIDE OF THE EXISTING DWELLING TO PERMIT THE CONSTRUCTION OF A PATIO AND SECTIO_N_45,151, PARAGRAPH 8, TO CONVERT AN EXISTING NON-CONFORMING GARAGE INTO LIVING AREA ON LOT 4, BLOCK 1, SHOREWOOD ADDITION, THE SAME BEING 6260 ABLE STREET N.E., FRIDLEY, MINNESOTA. (REQUEST BY MR. D(1NALD C BAILEY, 6260 ABLE STREET N.E., FRIDLEY, MINNESOTA.) � Mr. Bailey presented a survey to the Board that showed the house 12.7 feet from the side lot line. The second variance should now read,"-- to reduce the side yard setback requirement from 17�,feet to 13.2 feet--", instead of, "-- to reduce the side yard setback requirament from 17� feet to 6 inches in from the south side of the existing dwelling--". �Ir. Bailey added there is approximately 9 feet of land between his property line and the street blacktop. Mr. Bailey stated the new variances are to allow a 15'-0" by 12'-0" enclosed patio to be built behind the present existing garage and also to allow him to coYrvert an existing 22'-0" by 13.7' garage into living area. He is also proposing a 22'-0" by 22'-0" garage to be built 23.0 feet from the street and 8.6 feet from the adjoining property. �haixman Minish reminded Mr. Bailey that a permit for the conversion would have to be obtained at the sa�e time as the garage perniit to assure the City that there would not be two garages on this property. ' , 30 ' The Minutes of the Board of A eals Meetin of October 26 1971 Pa e 2 31 ' ' ' ' � , ' ' ' ' ' ' '�� ,J L. 1 u u ' ' Mr. Belisle told Mr. Bailey that he would have to submit a section through plan on the garage conversion and also on the addition when he applies for the building perniit . Mr. Bailey said he did not have any plans drawn up as yet but he would have them when he applied for the perniit. 1�OTION by Sondheiuner to close the public hearing on the 2nd � 3rd variances. Seconded by Drigans. Upon a voice vote, there being no nays, the motion carried unanimously. MOTION by Drigans to recouunend to the City Council: 1. Approval of the variance t� construct the detached garage for the following reasons and stipulations; a. The property owner, Mr. Bailey, would like to preserve the several large trees on his lot. b. The garage will be approximately 32 feet, including boulevard, from the street. c. Subject to having a written agreement from the owner that the existing garage will be converted into living area. d. Subject to the issuing of both the permit for the conversion and the perniit for the detached garage at the same time. 2. Approval of the variance to convert the existing non-confoYming garage into 1 iv ing area as ; a. It will enhance the appearance of the existing home. b. This variance would not be allowing any enlarging of an already non-confonning structure. 3. Approval of the variance to reduce the sideyard setback from 17� feet to 13.2 feet to construct a covered patio subject to approval, construction wise� of the Engineering and Building Inspection Departments. � Seconded by Sondheimer. Upon a voice vote, there being no nays, the motion carried unanimously. 2. A REQUEST FOR A VARIANCE OF SECTION 45.075, E3, FRIDLEY CITY CODE, TO REDUCE TElE FOOTAGE REQUIREMENT FOR A GARAGE TO BE AWAY FROM A LOT LINE FRCM 5 FEET TO ZERO FEET TO PE1tMIT THE CONSTRUCTION OF A 5 STALL GARAGE ON LOTS 11. 12, 13 AND 14, BLOCK 3, SPRING BROOK PARK ADDITION, THE SAME BEING 231-79TIi WAY N.E., FRIDLEY, MINNESOTA. (REQUEST BY VIRGINIA T. JACOBSEN, 231-79TH WAY N.E., FRIDLEY, MINNESd Miss Jacobsen and her contractor, Mr. Rehbein, were present to present the reques�. A verification survey was shown to the Board. The survey showed that the 12 foot alley behind this property was vacated, but according to the Anoka County records it never has been vacated. ' ' � ' ' J � ' The Minutes of the Board of Aupeals Meetint� of October 26, 1971 Pat�e 3 32 Miss Jacobsen said the alley is not used and it is not officially vacated but the legal description of her property includes the South � of vacated alley. She said she tried to get a petition signed to vacate the alley but the people were against it. l�ir. Drigans asked if they had tried to place the garage any other way on the lot. Miss Jacobsen said they could locate the garage along the East side of the lot but by doing that she would lose a great deal of the only green area in the back yard and she does not want to do that. The green area is used for picnic tables, clothes poles and play area. Mr. Sondheimer asked what the City is doing to i.mprove the alleys in the City. Mr. Belisle answered the City discourages i.mprovement of an alley but if the people using an alley request improvement, the City will comply. There was a discussion on what would happen to the N.S.P, lines if the alley was vacated. Mr. Belisle stated he thought that if the Council was to approve the vacation the City would retain an easement for drainage and utility purposes. ' Mr. Sondheimer stated he would certainly like to see a letter from the power company stating that they agree with this or that the pole might have to be moved. ' CI , ' ' ' ' � ' ' Miss Jacobsen said the garage will be close to the pole but the pole would not have to be moved. She said she talked to N.S.P. about this and they said if she wanted the pole moved the cost would have to be paid by her. Mr. & Mrs. Walter Schultz, 260 Longfellow Street, were present to find out what was being proposed. Mr. Charles Fjeld, 210 Longfellow and Mr. John Marshall, 230 Longfellow, were also present to find out more about the request. Mr. Schultz stated there are some nice trees along the back lot line of Miss Jacobsen's property and he wondered if these would be removed. Mr. Rehbein said a few of them would have to be removed but not all of them. Miss Jacobsen stated that a couple of cars have been broken into that were in the parking area and the trees are a good blind. Mr. Schultz asked if the alley was going to be put in. Chairman Minish stated the alley was not going to be put in unless the people abutting the alley requested it. The garage was not going to be faced toward the alley so there would be no reason to put it in because of this request. Mr. Rehhein stated the proposed garage stalls will be 11 feet wide while the present parking spaces are only 9 feet wide. The garage will be 55 feet long and 22 feet deep and will be 32 feet from the side property line. Mr. Sctiultz asked what the Code requires in parking stall width. Mr. Belisle answered 10 feet. ' ' ' ' The Minutes of the Board of Appeals Meetin� of October 26, 1971 Page 4`3`3 The property owners who were present at the meeting did not understand that when an alley was vacated, it meant the land went back to the property owners. After they understood this, they all agreed that they would sign Miss Jacobsen's petition for vacation. MUTION by Drigans to close the public hearing. Seconded by Sondheimer. Upon a voice vote, there being no nays, the motion carried unanimously. ' MOTION by Sondheimer to recommnend to the Council approval of the request for a 5 stall garage to be zero feet fm m the north lot line for the following reasons and stipulations. ' ' ' ' , ' ' ' ' ' , ' , ' 1. Subject to getting a letter of agreement from N.S.P. 2. Subject to filing of the petition for vacating the alley. Mr. Drigans added the hardship is that Miss Jacobsen wants to save some existing large trees in the yard plus she does not want to build on the green area and this garage will provide shelter for some of the automobiles. Seconded by Drigans. Upon a voice vote, there being no nays, the motion carried unanimously. ADJOURNMENT • The meeting was adjourned by Chairman Minish at 8:50 P.M. Respectfully submitted, �. MARY HIN Secretary ' �. . _ 34 I MINUTES OF THE REGULAR PARKS AND RECREATION CONMISSION MEETING� SEPTEJ�ER 27, 1971� Meeting was called to order at 7:50 p.m., by Chairman Fitzpatrick. ' MEMBERS PRESENT: Fitzpatrick, Blair, Olson, Stimmler, Wagar. MEMBERS ABSENT: None. OTHERS PRESENT: Paul Brown, Director of Parks and Recreation. � Curtis Dahlberg, Park Planner. Cathie Stordahl, Secretary to the Commission. ' MINUTES OF AUGUST �. I9�1 MEETING� MOTIUN by S�',i.mm.2vc, Secanded by Glagcuc, �o ap�nave �he M-i.nu�e� a� xhe Regu.eun Pcvch,� � an.d Rectcea�,i.an C�mm-i,6�-�.on Mee,t,i.ng{ da�ed Augu,b� 30, 19�1. DISCUSSION: Mr. Olson questioned the absense of his Motion requesting a meeting ' with the City Manager regarding the Tot Lot which was petitioned for, South of Freeway #694 and West of 7th Street N.E. in Fridley. According to the Commission Secretary, the Motion was never Seconded or brought to a vote. None of the other ' Commissioners could remember the outcome of the Motion. After a brief discussion, the Commissioners agreed to approve the Minutes as written. The Mo�,t.an ca�tc,i.ed. ' QUARTERLY REPORTS� , Mr. Brown explained to the Commission that due to the heavy work Department, the Quarterly Memorandum and t�e Quarterly Parks Work would have to be mailed out. Both Mr. Volkman and he were unable ' reports completed before the meeting. 1972 Bu�cET, 1 ' ' I �' ' ' ' , load in the Progress Report, to get these Mr. Brown informed the Commission that the property on 53rd and 5th Streets N.E., has been red-tagged by the City Council, for park purposes. Mr. Stimmler drew the Commission's attention to Page #125 of the 1972 Budget as it is to be presented to the City Council. Under Land, 475.50, Priority �3, it lists the sum of $25,000.00 for Land Unallocated. Mr. Stimmler pointed out that if he were a Councilman and saw such a large sum of money for lands unallocated, this would be one of the very first items he would be cutting from the total Parks request. The Commissioners agreed that the park lands should have been defined in detail when requesting such a large sum of money. In the original Budget which was presented to the City Administration, the Priority #3 under Land was to be divided into three sections. The sub-priorities were to be �#1 - Ruth Circle, #2 - Hyde Park, and #3 - 53rd �, 5th Streets N.E. Mr. Wagar asked the Commissioners and Mr. Brown if they had thought much about the cost of the Viewcon Project and from where the Department was to obtain this money? Mr. Brown informed Mr. Wagar that the land was merely red-tagged for future consideration and future Budgets. Mr. Stimmler questioned the steel picnic shelters which remain in the Budget. He stated that in his opinion, the children were in greater need of warming houses for the skating season, than they were of steel picnic shelters. He pointed out that there is always a great deal of talk about what tha City and the Parks and Recreation LJ ' Minutes of Parks $ Recreation Commission Meeting, �5eptember 27, 1971 Page 2 1972 sun�ET (cav'T): ' Department are doing as far as providing picnic areas or other activities for non- residents tu come in and use, is concernecl, and that this is d�rime sample of this � type of action. Mr. Stimmler said that he felt that additional steel picnic shelters are not needed in Fridley, but warming houses for the skaters definitely are. Mr. Stimmler felt that this should be reconsidered. ' Mr. Fitzpatrick requested that the Commissioners move on to other items on the . agenda and return to the Budget at a later time during the meeting. The Commission agreed. , ITEMS MAILED DURING THE MONTH� ' Mr. Fitzpatrick asked Mr. Brown if he had obtained any results from his Survey of Municipal Pools. Mr. Brown said that he had heard from Minneapolis and Brooklyn Center, but to date he had not had a chance to prepare the results of the survey. �J � , , Mr. Olson brought the Commissioners' attention to the �_etter dated September 3, 1971, from himself to Mr. Fitzpatrick as Chairman of the Commission. He stated that since the last meeting, he had contacted Dr. Lawrence Foote of the State Highway Department, regarding the improvement of the conditions of Moore Lake. He informed Dr. Foote that he would ask Mr. Brown to write a letter of request to him for help in improving the conditions of the Lake. Dr. Foote suggested that in this letter, Mr. Brown should state that Highway #694 and Highway #65 have an impact on the conditions of this I.ake. The Commissioners were in agreement and Mr. Brown will write the letter to the State Highway Department. MOTIUN by S�,i,mm.�e�c., Secanded by B.ea.itc, �o �.n6xicue� Mn. 8n.awn -ia cav�ia.c,t .the Sxa,te ' H-i.gh.uta.y �epw�,imen,t n.egcvccli.ng .the .impa.e,t ab �he �neew�a.y and h,i.ghuxcy �5 yazemd on bo�h. �a�� and Gle6� Maane LaFze�s, and nepan.i baeFi xa ,the Camm.i,db-i.an w�i.th h.i.a ne,�u.�,t� . 7he Ma�i.a n c.ahh,i,e.d . ' I9�Z BUDGET �RE�ENED FOR DISCUSSION)� ' ' ' ' ' � �I Mr. Wagar asked Mr. Brown to refer to the 1971 Budget for a minute and inform the Commission of the status of the Hockey Rink for Meadowlands Park. Mr. Brown said that the boards have already been built, but that they may be installed at the Grace High School site instead of at Meadowlands. Another set of boards will be installed at Burlington Northern Park, South of Freeway #694. Mr. Brown stated that there is presently a problem with Grace High School Rink, due to grading pf the area. The football team is presently practicing on the field and they don�t want to disturb the ground until the season is over. This leaves very little time to get the ground ready for flooding. Mr. Brown said that he is communicatirtg with the people at Grace and will be proceeding at the earliest possible time after an agreement has been made. At various times throughout the meeting, the Commissioners all expressed concern over the lack of communication between the City Manager, the City Council, and the Parks and Recreation Commission. Mr. Fitzpatrick xemarked that the recommend��ions of the Commission are not reaching the City Council. Mr. Olson said that it's fine for the City Administration to mak� 3S � ' ' Minutes uf Parks �, Recreation Commission Meeting, September 27, 1971 Page 3 ' 1972 Bu�cET iCON�T): suggestions and revisions of the Parks and Recreation Budget, but that the Ordinance ' states that "The Parks and Recreation Commission shall advise the City hfanager and the City Council" of their Budget requests. Mr. Brown stated that it is possible that this is in direct violation of the City Charter. ' I� � ' ' � ' �� The Commissioners further discussed portions of last year's Budget (1971) and the Budget which is going to Council for 1972. They questioned Mr. Brown about certain items and if they had been taken care of. Mr. Wagar discussed the Hockey Rinks for the upcoming season and the exact location of the new ones. Mr. Olson asked how the Budget cuts would effect the Department as far as additional manpower was concerned. Mr. Brown pointed out that we were the only Department that was getting an additional man. Mr. Wagar stated that he felt it should be determined whether or not the Commission was in violation of the City Charter, by preparing and suggesting things to the Ci�y Council in the form of the Budget. Mr. Wagar wanted to be on record and have some- one in authority make the decision regarding this problem. Mr. Fitzpatrack sa�d that he hadn't heard of this before and was unaware of the problem before Mr. Brown stated it at the meeting. Mr. Brown said that there is an indication or it is a known fact that certain regulations in the City Ordinance, adopting the Parks and Recreation Commission, which are in direct violation of the City Charter. Mr. Fitzpatrick said that he felt an investigation was in order. Mr. Brown agreed and said that in this manner, they can compare the items in question and see if there are any gross contridictory statements in the two documents. Mr. Wagar said that since they have been appointed by �he City Council, if there was no authority in conjunction with this, then he feels their time is being wasted. Mr. Brown said it should be made clear that this relates only to the Budget and Mr. Wagar and the other Commissioners agreed. MUTIUN b W an, Seeanded. b.� _Bea,vt, .t.hax u�e a�k Zhe C-i,ty A'�tan—ne�� on w et en on nox �he Pcvcfts an�eeJ�ea,t,co�omm-s.ae.ion, ae � ' -c.b .cn v.ca n o e eh., tin h.e�spe e ph.e 6n 0 �� �ueiq e,t. 7 he Mo.t,i,on on a xe a.e o� �1,con --r-��._ -- n ' The Commission asked Mr. Brown to find out the dates of the public hearings and agenda items concerning the Commission and the Parks and Recreation Budget, and mail them to the members. Mr. Brown said he would do this. ' VIEWCON PROJECT� ' Mr. Brown told the Commission that they should take a minute to decide if the Viewcon project areas provided for Park Lands, were acceptable. Mr. Brown said that the City Engineer was awaiting a decision from the Commission. Mr. Stimmler stated that as , far as he was concerned, we shouldn't ever spend money there because it'll be more ar less privately owned. , MvrT vN b y s.ti.rr►m.e � (,amm.usdtion a � e cucea an ux cvice na� an ' cahlu �, 3� ' 3� ' Minutes o� Parks � Recreation Commission Meeting, September 27, 1971. Page 4 ' ADJOURNMENT� MUTION by wagatc, Seconded by B.�a,in, �a ad�aunn �he mee.t,i,ng a,t 9:30 p.m. The Ma�i.an , ccvvr,i.ed . The next regular meeting will be held on October 18, 1971, at 7:30 p.m., in the Community Room, at Fridley Civic Center. PLEASE NOTE: The meeting will be on the ' 3rd Monday instead of the 4th Monday in October, due to the Legal Holiday. ' Respectfully submitted, ���� ���� ' CATHIE STORDAHL, Secretary to Commission ' , I ' I � li II ! [] 1 1 � 1 1 ' MINUTES OF THE REGULAR PARKS AND�RECREATION CONr1ISSI0N MEET�NG, OCTQBER Ig, 1971� 38 Meeting was called to order at 7:35 p.m. by Chairman Fitzpatrick. II MEMBERS PRESENT: Fitzpatrick, Blair, Olson, Stimmler, Wagar. ' MEMBERS ABSENT: None. OTHERS PRESENT: Paul Brown, Director of Parks F, Recreation. Cathie Stordahl, Secretary to Commission. ' MINUTES OF SEPTEN�ER 2%, 1971 r��ir�� , Mr. Fitzpatrick called the Commissioner's attention to the Motion on Page #3 of the September 27, 1971 Minutes, regarding the Commission's responsibilities as far as the Budget was concerned. He questioned the use of the word "finalization" of the ' Budget. He pointed out that it has never been the task of the Commission to finalize the Budget. ' M�TIUN by S�',c.mm.�eh,, Secanded by B.ea,ih,, zo appnave �h.e M.i.nwte,�ss o� �'h.e Regu.Q.cvc Pcvcfi,a and Rec�ce.a�'.i.an Com►n.i,6a�.on Mee.ti.ng, da.ted Sep.tembeJr. 27, 1911. The Mazi.an ecvvr�.ed. ��Z BUDGET� ' Mr. Brown informed the Commission that he had discussed the 1972 Budget with the City Manager and had expressed the Commission�s concern over the items which had been cut ' from the Budget and the idea that they would in no way reach the City Council, unless an unfinanced section was also included. Mr. Brown reported that Mr. Davis had written a Memo to the City Council at the time the items were c�ut, listing each of , them. The Commission was very receptive to this information. MIE'1NOR�1NDlM � ' Mr. Blair called the Commission�s attention to Section I, Old Business, Item d, referring to the Rice Creek Nature Trail and Building. He asked if the original plan , included the building. Mr. Brown said that it did. Mr. Blair mentioned some ' discussion he had heard regarding a possible dam to be built east of Central Avenue, and it's effect on the surrounding areas concerning flooding. Mr. Brown said that ha was unaware of the mentioned dam, and that it very probably would cause some floodiAg. ' ' ' � LJ ' �1 Mr. Brown mentioned Section I, Item f, referring to the Grace High School Skating AxQa. He asked how many of the Commissioners would be attending the special meeting in the Parks and Recreation Office on October 19th, at 4:30 p.m., with the men representing the Hockey Association and Grace High School. Several of the members responded that they would be in attendance. Mr. Olson asked if this wasn't in direct conflict with the Ordinance referring to the City's development of areas located on private property? Mr. Fitzpatrick stated that we don't necessarily make a practice of this type of activities, but that both Grace High School and our own Hockey Association and General Skaters, will be benefiting from a rink at Grace. When the plan was originally discussed, no facilities were available to the residents of this area, and the general public would have access to this rink. It was pointed out that there wouldn�t be a warming house, so the rink will be unsupervised. Mr. Wagar said that it would be virtually impossible to have scheduled times set up for general skating and others for Hockey players, if there is no supervision. After a few days, the hours would be disregarded and the Hockey players would take over the rink. Nr. Stimmler felt that the installation q� a rink where there is no warming house, is senseless. There has to be a place for the children to get in and get warm. Mr. Brotv� ' Minutes of Parks � Recreation Commission Meeting, October 18, 1971. Page 2 , MFJHORANDU`1 �CON �T) : said that there is no available space at Grace and are no plans for a warming house ' either now or in the future. Mr. Wagar asked where the rink would be located if Lhe Grace site doesn't work out? Mr. Brown indicated that it would be installed at Meadowlands Park, lights and all. ' It is possible that by doing this, some or all of the donated labor would be lost, but that's a chance we'd have to take. CI � u ' � C'� , C! ' ' 39 Mr. Olson asked the Commission to recall a discussion approximately a year ago, regarding �he trimming of boulevard trees within the City and just where the responsibility lies. Mr. Fitzpatrick and Mr. Stimmler both commented that the Park Department has neither the manpower nor the equipment to handle this type of project, and the Budget has not provided for this in any way. They pointed out that Minneapolis does do tree trimming on boulevards, but the people are taxed for this service and to date, Fridley has left the responsibility with the property owner. Mr. Brown stated that the only time the City becomes involved in this type of program is if there is a diseased tree which must come out. In such cases, the City has adopted an Ordinance covering the removal of the tree. Mr. Fitzpatrick seemed to feel that we'd be encountering many more problems if we were to undertake this pxpject. Mr. Blair asked Mr. Brown how many of the City Parks have warning signs posted on the approach areas, indicating that small children are at play? Mr. Brown said that he thought there were only two Parks awaiting this type of sign. Mr. Blair pointed out the need for Park / Playground Warning Signs to be located near Spring Brook Park in the North-West corner of Fridley. Mr. Brown said he would take note and try to remedy this situation as soon as possible. SLIDE PRESENTATION� Mr. Brown showed the Commission a series of slides taken within the City of Fridley. These slides represented the many types of dwellings, indicating all classes of residents. They showed that the City has prospered due to�the number of large corporations who have located within our boundaries, and the fact that we have Churches for all denominations, many schools, and businesses. Some of the slides were of street projects and the building of new apartment complexes. Mr. Brown said that the slides had been shown at the Civic Center Open House which was held on Sunday, October 17, 1971. CORRESPOI�ENCE FROM S�R�A� ' Mr. Brown called the Commission's attention to a letter written by the Suburban Recreation Association, regarding their proposed program for the Senior Citizens. In the letter written by Ja�es Jones, Executive Secretary of S.R.A., he states that this is an effort to provide spacialized recreation services to our Senior Citizens. He ' pointed out that there are 613 Senior Citizens in Fridley, over the age of 65, according to the 1970 census. ' This program would be funded by the S.R.A. All that they would require from us is a meeting place, such as the Civic Center Community Room, leadership (which would be funded by the S.R.A.), and permission from the Conmission to proceed with this program, L� ' It was mentioned that possibly some of the Ghurches already had this type of program. Mr. Fitzpatrick said that�he was certain that Fridley United Methodist already has ' Minutes of Parks � Recreation Commission Meeting, October 18, 1971. Page 3- ' CORRESPONDENCE FROM S�R�A� d't an thing in respect to the ' ' ��', ' a program for Senior Citizens, but that he coul n say y other churches. Mr. Olson suggested that Mr. Brown write a letter to the Ministerial Association in Fridley, to see just how many group� of this type there are. He also suggested that Mr. Brown write letters to both the Fridley Ministerial Association and the Suburban Recreation Association, inviting a representative of both groups to be present at one of our meetings to discuss both programs and then determine whether or not there is a need for more of the same. MOTI�N by B�.a.ifc, Secande.d by O.P�an, �a �.nv.i.te nepne.aev�ta.t�.ve,a ab bazh �he Fn,i.d.2ey M,i,w,i,6�elu.et.Q Abd�ai.a�.i.an and xhe Subunban Recne.a�'.i.an Aebac,i.a.t,i.on, .ta a,t.tend a mee.t.i-►�cJ a� zh.e Panfz�s and Rec�cea,t.c:on Camm.i.ab�,on, �a di.6cu.b� �he �iuo pnogn.amb, and de,iehm.i-ne whe.th.eh. an na� �he C.i�y ahau.ed .apanaon a pnagnam �an Sew,i.on C.i.t,<.zena . The Ma�,i.on cahh,i.e.d . � ' TRINMING OF BOUL.EYARD TREES� Mr. Olson, once again, called the Commission's attention to the problem of trimming ' the boulevard trees within the City of Fridley. Mr. Olson felt that some action should be taken in respect to this. ' Mr. Brown suggested that the Commission request an opinion from the City Council, regarding the responsibility for the trimming of boulevard trees. ' Mr. Stimmler again pointed out that we would probably get the responsibility for the trimming of boulevard trees, even though there is a shortage of both manpower and equipment. ' ' u � M�TTON bN �.P.,aon, n cvc, e ne,a n,c. e . a e,a ecJce,a�co n epal�i LOCKE PARK PERMITS� S eca nde.d b B�a.in. �a anati on e .e ne�spon�sti �y e mev�i. an ew e�ce? z�he ap�i,n.i.an a� Zh.e C,i.ty Caunc,i,� a a evac ee,a w.u►un .�.n.� �- awne�c � ' 1 Mr. Blair informed the Commission of the growing concern over the number of Locke Park Permits issued each year and whether or not it was reflecting on the condition of the Park. Mr. Fitzpatrick stated that for years people flocked to the Minneapolis City Parks and now they are using one of ours. Mr. Blair asked Mr. Brown if he could give the Commission some type of indication as , to the amount of time required for clean up in the Park, after one of these large picnics, and the number of permits issued to groups of this size each year? ' Mr. Brown said that it usually involves about a half a day of clean up after a week�nd, and only occasionally does it extend to a day or a day and a half. The Park Department only issued two permits for excessively large groups this year and one of them followed up with a check for $150.00 to be used as we choose and the other group donated a ' portable audio system which will be used primarily at The Commons Park. This year, the Department issued 133 Locke Park Permits. ' �I RllTH C I RCL.E � Mr. Brown reported to the Commission that the property which they have been looki.ng at in Ruth Circle is now tax forfe�t and will be red-tagged by the City Council £ox ' Minutes of Parks � Recreation Commission Meeting, October 18, 1917. Page 4 L�1 , RUTH CIRCLE �CON�T): Park purposes. It is presently zoned light industrial and residential and is referred to as Parcel 1260, Section 3. The area we would like to acquire is zoned residential. ' HYDE PARK AREA� ' Mr. Brown said that he had conferred with Mervin Herrmann, City Assessor, and Block 24, Lots 1, 2, 3, $ 4, Hyde Park Addition, are now For Sale by the owner. The owner is asking $12,000.00 for these lots, but Mr. Herrmann feels that we should offer him ' $9,000.00 and go no higher that $10,000.00...Mr. Herrmann said that $10,000.00 is more than sufficient a sum of money to pay for this property. ' VIEWCON PROJECT� Mr. Brown stated that there are now access possibilities from both the East and the , North, in the Viewcon project. Mr. Wagar st�.ted that regardless of the flevelopment and access to this area, he feels that it will remain a private park maintained by the City. ' ON'S ADDITION TO MECHANICSVILLE� ' HAMILT , p�r. Brown reported that Block 14, Lots 8, 9, �, 10, have been red-tagged for Park purposes, by the City Council. ' MIDDLE EAST AREA� Mr. Brown stated that there are still properties of interest in the Middle East Area. Mr. 0'Bannon, County Commissioner, will sell a portion of his acreage to the Parks ' and Recreation D artment, which consists of approximately 14 acres, some of which would be undesi�le as far as park development is concerned. At one time he mentioned the amount of $10,000.00, but nothing definite was determined. , ��,1RI�M�NT , tM�TION xa ad1 outcn �he mee,ti.ng a.t 9: l 0 p. m. The next regular meeting will be held on November 22, 1971, at 7:30 p.m., in the ' Community Room at Fridley Civic Center. ' Respectfully submitted, 1 �� � � � CA STORDAHL, Secretary to the Commission ' ' , , � � � � ' ' ' � �� ' � � ' ' L_l ' , ���� ��� ...�aa� �,��.��+�' �������i ���`�������� SUBSIDIARY OF SHELTER CORPORATION OF AMERICA, INC. 1550 EAST 78TH STREET MINNEAPOLIS, MINN. 55423 PHONE: (612) 861-7486 � �. October 22, 1971 Fridley City Council City of F'ridley 6431 University Avenue N. E. Fridley, Minnesota 55�32 Attention: Nasin Qureshi, City Engineer Dear Mr. Qureshi: Shelter Homes Corporation wishes to request a 12 month extension of their special use permit for a model home located at the Target store site, 69�+ and Central Avenue N. E. in Fridley. The special use permit now in effect expires December 31, 1971. The request is to extend the time to December 31, 1g72. It should be emphasized that the Shelter Homes lease, a copy of which is enclosed, is a month-to-month lease with Dayton-Hudson Properties. The lease further states that Dayton-Hudson is entitled to terminate this lease upon 60 days written notice in the event of a sale of the premises after the approval by the Fridley Council. In other words, a 12 mor_th extension of the Shelter Homes special use permit would not preclude development of the site for its ultimate use. Shelter Homes Corporation has complied in good faith with the requests of the Planning Commission and of' the City Council and has conducted its operation in Fridley in a business-like manner, complying with all Truth in Lending Full Disclosure requirements. Shelter Homes Corporation has found the location at 694 and Central Avenue to be an excellent place to conduct its business. It is further felt that by virtue of this location, people from all areas of the state have had an opportunity to visit Fridley and to conduct additional business in and around the area. An earnest attempt has been made to maintain the model home site in a pleasing, clean, and business-like manner. Should the ex_�Lension be granted, the conduct of business will continue in this mar.ner. �2 � 1 ' ' ' ' ' ' � October 22, 1971 Fridley "�City Council Page Two � Upon original approval of the request for the model home by the Planning Commission, it was stipulated that should the special use permit be renewed, Shelter Homes would be required to hoo� up sanitary services in the model home. We request a waiver of that provision based on our experience this summer and fall. Model home facilities do not normally provide restrooms for the general public, and a lack of facilities has not been noticed by the public. Our staff at the model home is in and out continuously during the day and as such, have not found the lack of restroom facilities to be a problem. Target has agreed to let us continue to use their restroom facilities. The expense associated with hooking up the water and sewer in order to comply with the planning commission stipulation would not be as economically fesible for Shelter. In addition, hooking up water and sewer to the current model home site may be in conflict with locating same for the ultimate land use. I am available at your convenience to discuss �;his further. Thank you for your consideration. Sincerely , � -- �� i/ L . ' R. S. 0'Brien, Vice President Shelter Homes Corporation � � , � I� �. �' �! C ��� ��,� 1 �. RSO :xkl Enc . ' , � cc: Jerry Amundson � � . ;` �3 THIS AGREEMENT made this 15th 3ay of .=�nne , 1971 between ^ � �. ' TARGET STORES, INC., a Minnesota corporation, Lessor, and SHELTER HOMES �CORPORATION, a Minnesota corporation, 1550 East 78th Street,_Minneapolis, ' Minnesota, Lessee: , _. �, � WITNESSETH: That Lessor and Lessee hereby agree as follc�ws: r l. -Lessor hereby leases to Lessee and Lessee hereby takes from Lessor, �''�.�,,;�-?; -- 'the premises consisting of a tract ?��--'-�-�----'---�---�-'�` --�``-�_=-`�•� y _�----'S rt:'CZ=-rrv-i—e.-ri-�-u�s-.<-r--v�v�:etii s .. ���A'..�� in the Lessor's Target Store property in Fridley, P�tinnesota, ' the location of said premises being shown on the plat attached hereto as ' Exhibit A and made a part hereof. 2. The term of this Lease shall be six (6} months beginning on the date ' Lessee's plans for the development and use of the premises for its purposes are approved in writing by Lessor, which plans including any parking or land- ' scaping must be approved by Lessor. However Lessor snall be entitled to ' terminate this Lease at any time upon sixty (60) days prior written notice , thereof to Lessee� In the event of any sale or lease (for a period of ��-� , months or. more) of said pr�mises to a third party, but the effective da�t�e of such_termination on or following such 60 day period, shall be the date possES-- ' sion is tendered to the p�:rchaser or Lessee in such sale or lease. 3. -The rent shall be $400 per month payable in advance, and prorated ' _ , for any fractional month. ' 4. The premises shall be used by Lessee only for the purpose of dis- playing model homes thereon, and Lessee shall�comply with all applicable laws, ' ordinances and regulations�in its use of the premises. ' The premi.ses sha1�_ be maintained in a clean ana orderly m�.r.ner a�c all times and upon termination of this Lease sha11 be su.rrendered free and clear ' of all buildings, structures and improvement.s, with all debris removed, and i�itn the ground surface restored to its conciition ar.d level at the beginn:ing ' of the Lease, except that I,essee need not remo�Te any blacktoppinq or sur_- ' facing installed by it for parking purposes. Tn the event Lessee does not restore the pr�mises as required under this pa-ragra1�h, it shall rPimburse ' Lessor for any expense incur.r�d by :i.t in such res�oration or in remaving building:� and s�ruc-Lures t.her�from, ��ius 8� intexest. on uny st?ch expense _ . incurred by Lessor. • : �J ' S. Lessee is hereby granted a right of access to and from the premises over a strip of land of normal roadway width�running to the premises from , the most easterly curb cut on the northerly side of 53rd Avenue Northeast ' in Fridley. . i Any parking by Lessee, its employees, customers or licensees shall be , confined to the leased premises, and shall not be on any portions of Less�r's ' land not included in the said premises, nor on the access strip just described. 6. Employees and sales personnel of Lessee are granted the right to use ' the public facil.ities in Lessor's Target Store during the ter_m hereof. 7. Any utility installations or extensions required for Lessee's use of ' the premises, such as water or electric lines, shall be installed entirely at Lessee's cost and expense, and the location and plans therefor shall be sub- ' ject to Lessor's prior written approval,, and shall be installed in strict "' ' compliance with all applicable codes, ordinances and regulations. If Lessor so requests, Lessee will remove such installations upon termination of the l--Lease . 8. Lessee's business hours shall conform as closely as possible to � those of Lessor's Target 5tore, and shall not exceed the Target schedule. 9. Lessee sha11 procure and maintain at its sole cost and expense a � ,policy or policies of public liability insurance insuring Lessee, Lessor and � any other persons designated by Lessor against any and all liability for � injury or death to persons and for damage to or destruction of property as , a result of the use, occupancy or condition of the premises, in the amounts , of at least $200,000 for one person, $300,000 for one acca.dent, and $50,000 for property dama�e, all to be in companies satisfactory to Lessor, and with , a certificate of insurance delivered to Lessor. . ' Lessee agrees to indemnify and hold Lessor harmless from any and all claims from injury and damage to person or prcperty arising in connection ' with or by reason of Lessee's use or occupancy of the premises. ,IN GVITNESS WHEREOF, the parties have hereunto se� their hands the day �. ' , and year first above noted. ' � � ' � 1 �/ c TARG�T STORES, NC. � By A /f%� LESSOR SHELTER HOMES CORPORATION -�..�'��,� . By �;y �t'-.�,,' �`:,�'.�'� � P� LESSEE �a.7 , i � .--�-__.__ y , _, , .. . . �"'''f,�,�s,ov ,,Q,�'���,�:., .': , �//„ , , . .. � � !i ��; ' ' 1 0 � ..` _. a - % a „ , ,. . O � _ __��,� ' ys �,-. ,-_; °�a � ,�, � . ! ,a � . -�'`-�'�''. ._-'.�i� �';`; ..s�I --- K., �� ,,,. Il�I.i'..-'_ 1 ' j O I.- "l �l.fp � (! ' ~ 3 � �---- �--- AU DI TOR� S ) - --- _ --- 1-- -------..—,�... _ . - �, -ll9yJ �.� 1 .,J� Sh.elter Homes Corp. ;.�."�a��°•� SP #71-05 � . Piq`��,`' ° - •�_�., I � - s `t � I ' . 4:,. � I �I. I � I, Kuu�♦ I �«��n -r - ,.1.�.,:.:.., �, � �..�., \ 4' (� -------���.-�.._.-, - o -+- �-. y, SUODIVISION ,.1 , ' �� -----�- �`'--- I ------ �— ----- � � 1NY�`''��_ � N�•694 --� T _ � _ P �� . _-�� _— - -- �-,-- } _T ---- ar' �• , �� �, c -L=1"�'�--- C,. � � % ar ` � ,� � s >'; � ,./. e/ _ : ;� _.: J � ; .! / !:� 7 ' � 2? � i,� i� +i�r � � w .� .; � ' , � � � 7 ` _/ =F,. ' � , � ;? ' ��� �i�f• �` ------- ' ,� -- , , . . ��fs°s f . "'/R �` ' ' '_�- ' � -� . �"'� - - - - . _ � -�_T- _ � �r�' '\ � -.� , ,C \ '' s i' .�\ � \ � `� 1 i t�vr. .:._."-. � e_t� r 12- ---�-.. ; ...LLL o:�'sJ.�%vi _. -- . p. �. _ ta.!^ ..�. s _°je �' "J•r`, �_- �_ ��. �����_� �—�_ � �� _ _ _ - - ' .'�...'.e. . J - - - =—�---- _. `� Q � f F- • ��. W \ ,,t�'4� h�' '.; U \ ,`� -s� i Y \J� .�' � �`i' i •_ •�����3At � i - i� � i � c� I 1�F \ !� ' � /.� � $ � p � . � � %� ' ' J Z' • / ' � - �iAr-i� y �' � � lI ro�roYa � �2 E /O) . p � :�.xN � � �,. � ,� �,; , ;• ,._ � I- , i I "� , ; ; R�' = i : ' � � -- ' � I _ /liw/ - � � - , � � ' T , 6. � y'.4+( I �.. ''-- --- � =c�°��' � 2 ' � , � : cca.o r�. .. : ,�-r � � -�� � _ rn� �s o�_ __a�Y -�, � ;.oF Y- _ _ - -- ;_ ,. ; • � I I �—�22J -- — �._1. ' r' i+ N. SEI CORN£H SEG ?3 , , , ' REGULAR COUNCIL MEETING OF JUNE 7, 1971 P� 4 gat an easement, that should be their responai.bility. Mr. Osieczanek said that it Was not the County plows,.-but the City plow�, as ha saw them. The County has cooperated, but the City truck driver said that theze was no where else to put the snow. Councilman Kelshaw asked about haulinq the snow away. The City Engineer said it is not practical because of the reoccuri.nq expensese , Mr. OsieczanQk then complained of getting salt on his yard and killing his grass. The City Engineer said that when the pldws plow thQ snow off the roadway it goes in the yard. if he wants to protect his trees, he should plant them 5' - ' 6' from the curb so there will be no furt�er damaqe. Mr. OsiPczanek said that he should have the right to do as he pleases on his own property that he pays taxes for. , r �J � ' LJ �l 1 ' ' � � i Counci Lnan Liebl asked the City Attorney if it would be proper to authorize paYment on the additional $47.50 which is the difference between the $35 paid by the insurance co�pany and the claim of $82.50. The City Attoreny replied yes, if the Council is satisfied that what Mr. Osieczanek states is so. MOTION by Councilman Liebl to authorize payment of $47.50 to Mr. Douglas Osieczanek with the stipulation that the replacements be planted further back froa� the curb to avoid further damage, and turth�r with the understanding the Council �vill not entertain any turther clai.ms for the trees naw placed so close to the curb. Seconded by Cauncilman Harris. Upon a voice vote, all votinq aye, Mayor �rkham declarcd the �tion carried unanimously. Mr. Osieczanek said that if the City will not consider any future claims for � trees now planted, h0 Mill have to resort to a law suit. ORDINANCE �480 - AN ORDIDTADJCE ANF�iDIDiG AND �ODIFYING SECTION 45.053, RELATING SIDEZ+aAD REQUIRED�S IN THl: R-1 DSSTRICTs . �ION by Councilman Harris to adopt Ordinance �480 on second readinq, waive the readinq and order publication. Sscanded by CounciLaan Kelshaw. Upon a roll �11 vote, Harris, Brei.dar, Kelshsw, Kirklssm, and Liebl voting aye, Mayor Kirkham ecl�� �e motion carried unanimously. C�ISIDSRATIOii OF SPECIW. U9S PEIi�T SP 117��_, SHELTER H(ab1F.S CQRFQRATION. PERMIT FOA A MODEL HOt� CB�iTEA pt ?�R�T PROPSRTYs (Tabled,5-17-71) Councilman Harri� said that the request ia for six monthr, yet in the letter in the Aqenda (Paqe 5) there is refereace aada to an 18 month t�rm. Mr, O'Brien of Shelter Hoa�es Corporation said that they have a six month ccaitract, but tbe feasibility of the laad being available to thQm for louqer than 18 m�ntho does not seem great. An aaalyais will bo made aftor ai�c sontha and i! it seea� advisable, they would riqneet another six awnths, but th�g did not believ�e they would be thare for lonqar rhan 18 months. Councilman ltazrii asked what if they wanted to move the house out after six �oontha. Mr. O'Briou said that the ho�e Mill be built in t�+o �ectioaa, but they have been assurod by a lxal house �aver that tha haaa they plan to build can be maved out of the Tarqet area, even if it Were not aplit. Councilman Harris ask�d �f Sh�lter would be willinq to depoait money in eacraw to take care of a�ny cleanup that may be nQaessary. if it is not needsd, it will b� returned. Mr. O'arien said they weuld be willing to do thf.e. � • , ' REGUTAR COUNCIL MEETING OF JUNE 7, 1971 1 ' ' , � LJ � � , � i � , ' ' � 1 PAGE 4 C� Councilman Kelshaw asked if they could build a home in Fridley up to speci- fications. Mr. O'Brien said yes. Councilman Liebl said that it stated in the letter that the market va],ue would be $16,000 to $50,000, and asked if this would include ths land. Mr. O'Brien said yes. Councilman Liebl said that there was a large market for hames in the northern area, and asked what the averaqe home w�ould cost. Mr. O'Brien said that they anticipated a large market for the type of hame outlined in their letter which is a 1060 square foot haae, in the $20,000 bracket. Councilman Liebl asked if there would be full basements and Mr. O'Brien said yes. Councilman Breider asked, concerning the financial guarantee, if there is a dollar livait set for the canpletion of a home. Mr. O'Brien eaid no, they do finance everything except the labor to ccmplete the house. The house is on interim financing; roughly $3500. The purchaser is put in contact with a subcontractor, and they can select one to canplete that labor, or do it tls�selves, which would save them sane money. They are tied in with a lendinq com:aitment from a lending institution. There is a potential of qettinq into a larger house at the same price tag depending on their ability to neqotiate with the subcontractor. If the purchaser dces not follaw their recommendation� or does not keep in touch, there is a possi- bility the costs cauld get out of hand. Councllman Breider wondered iP the people that would be prone to Shelter's market trould not be more liable to fall into this riek, as they may not knaw abaut the subcontractors. These may be young people just startinq out that had never bouqht a haae before. Mr. O'Brien said that you can not classify the risk by age. The type of people their hoaies would appeal to are thoae with manual ability to do the work themselves, rather tYian one in a clerical position. He did not believs the young people would have this rtsk, because they would, of necessity, have to shop care- fully. � Councilman Liebl aaked the City Aasessor what was the averaqe priae of a hcme in Fridley. The City Asseaaor replied between $22,000 and $23,000. Councilman Liebl asked if the hauae described on Paqe 4 of the Aqenda �rould fit in with the average hane in assessed valuation. He added that he did recognize the need for residential haaes.and the Cauncil should do evQrything poseible to make it possible for peop�e to b�ny hcees. Th� City J►ssessor said that the fiqures in the letter were very accurata. MOTION by Councilman Kelshaw to qrant the special use permit to Shelter Hanes Corporation for aix montha �rith the follavinq stipulations: 1. She2ter Haaes is to depooit a bond in ths amount of S3500 to aesure cleanup o! property rfisn they aove, aad return it to tlse •ase condition, and to cover the po�sibility that the City may h�ve to aw�vs the hause out, if Shelter fails to do oo. 2. The permit ia continqent upon full discl�aure of the contract to all buyers. This includes vrorkinq closely rrith future citize�s of Fridley in con- tractinq subcontractoro to ensure there are no probless Mith financing, and that nll texms are fully underatood and ap�rent to the buyers. Seconded by Councilaan Harris. Upon a voice vc+te, all voting �ye, Mayor Kirkham declared the anotion aazriod unanimously. ldr: 0'Bzien offered to leave copi�e of the contr�►ct vrith the City Attorney, �fiioh he did. Ths City Eriqineer said that there wou�.d be a buildinq pezmit � needed and it is unclerstcod ther� is to be no excessive siqninq. , 1 , , ' � � ' ' � . , / , ' Village of N�w Brighton Council Proceedirigs October 12, 1971 0 Motion by Rebelein, seconded by Morris to deny rezoning petition R-66 on the follo�aing grounds: � 1. The traffic volume generated would be detrimental to public health, safety and welfare. 2. The proposed density �uould be far in excess of the proposed plan contained in the plan report earlier received this evening by the Council. 3. � The R-4 and R-5 proposed zoning n�xt to R-1 zoning represents a poor planning concept. The petition presen ts adverse relationship to adjacent lands. 5. If area is developed as proposed in the petition, it would be inconsistent with the Black and Veatch Water Report. 5 ayes - 0 nayes - carried Motion by R�o�n, seconded by Fisher to receive letter from Charles VanEeckhout, Viewcon, Inc. dated October 12, 1971 5 ayes - 0 nayes - carried Motion by Bromander, seconded by Fisher to direct adminis�ration to issue grading permit for a temporary road as contained in application d�ted Scptember l, 1971. Such issuance to be contingent upon the stipulations outlined in the letter signed by Mr. Van Eeckhout. Under no circumstances should this action be interpreted as a commitment by the Village Cauncil as t� the alignment of any permanent road or roads. Motion by Rebelein, seconded by Morris to amend motion to include the permit is gr.anted pravided that a police protection and l.imitec� access plan be presented by the developer within two weeks and i� the plan is not satisfactory, the Village would see}; further guidance from the Court. Vote on amendment, 5 ayes - 0 nayes - carried Voi:e an original as amended, 5 ayes - 0 nayes - carried Ne�� Business / Motion by Rebelein, of Canvass meeting ' S:30 p�m. 5 ayes - 0 nayes - c. .5f� / _f -'-- � Temporary Road ` Construction f Request - Viewcon, Inc. seconded by Moen to sct date f.ar Board Board of for November 2 electi,on for November 3 Canvas - Meeting carried Nov. 3,5:30 1 � 1 � + 1 October 26, 1971 , . � Mr. Nasim M. Qureshi � Director of Planning 643) University Ave. N.E. Fridley, Minnesota 55432 � Dear Nasim: Enclosed herewith are the two letters that you requesled I , send you. Sincerely, �� V I EWCO�J, I NC . � ? % , j , '�f� ,��� .,; rC�. "�?�,���_,����� �� r �"- /G�t J: � � � � r '� ` . CHARLES E. VAN EECKHOUT ' Executive Vice President, Operations CEV : m j ' Encl. , ' , ' : .. . _ . . � � , - . , �� .; �r, ~'� L � ::.� l._1 't_.�� . _:r � . � J \..a t� L . _: l. ...;1 i:i ' F � ��� ,' darref a. farr / preside�i � building caristrucLion . exer.utiva offi;;es . pl�osie 533 - 25:i� ,_ .'.;.. ..._G. 54�1 hrookiyn boulevar�! A minneapolis, f711.^.IlP.S7ic3 46��?_g ' _.�.__.�.�....- � 51 � , ' ' ' , , , � L_ , ' ' , , , �J , ' ,I� I �_� uctobe� 2l, 197i � 0 ;�-;r. r2obert W. Schaefer b' � ; �age f�'anager :�03 5th Avenue N .IV . � ;:ew driyhton, Minnesota 5S4t2 ;:,ear Mr. Schaefe�: Consistent with the Council's request fot' a plan of accoss controi and police protection, we would tike to state ou� willingnoss to subc�it to any �easonabte regulattons that are necessat'y to adequately safe- guar-d the bost interost of the Viifage. We will be willing to accept any reasonabie regulation estabitshed by your Chief of Police, p�ovided that we have ressonab{e construcfion access to the site and that resi�ents of our Project have �easonabla access to Silver Lako Road. We experl' our fi�st r�sidents in ear(y Spring of i972. 1 th i nk 11- +�rou I d be prernature to set out a speci f i c sc�t of ru i es or gu i c�- lines at this 'tlme. i would prefer that we woutd r,►eet any probiem as it arosa in accordanca with the wishes of your Chief of Police. I hope this lerter meats the roqui�ements set forth in your councii reso- lution approving the excavation permit on 10-12-71. tf furthar infor:�ation or c{arification ts �eeded, please con#acf the undersigned. Sincerely, Y I EWI:ON, ! NC. • CHt�2lES E. VAN EEGK! �OU7 Executive Vice Presideht, pperatior� CEV:mj cc: Dick Schieffer � r.� � � , r. ' October 12, 1971 � � ' ' To v�liage of L�ew Brighton 803 5�h Avenue N.W. New Brighton, Minnesota ' Gen�l�men: ����p� � . `� /�' ' i � l , In respect to our application for an excavation permit to build a te:;�porary road, and to be consis*�ec:t wi�h the com-n�nt� �:�c:� orde� �� tr.e District Court, we agree as follows: ' 1. Such road is temporary and shall remain only until . permanent public road access to the area is const�'ucted. ' 2. The location of.the temporary road in no way shal.l be determinative of the location of future permanent public � roads to serve the area. 3. We will at our sole expense construct the road, maintain ' a dustless surfacethereon at all times, remove snow therefrom and remove said road when permanent public roads are built to serve the area. � ' We understand that the Village of New Brighton will diligently � undertake determination of location; design and constructi��n of permanent public roads to serve the area as soon as practi�:al consistent with Village policy, with a target of a complet�:d roau , in 1972. ,": / . ; . � , ./ / � " • ,'�, �. /,,'� % . ,j. '� ' ''- , ' ,i! -% ,/< l - 1" . � � �' ,/ / ';' =�. - . � %� �' �' .. . 'i -':. r: • ' VIEWCON, TNC. ' r ' ' 0 � ' ' , ' , .' ' ' � ' � � I_ _l � ii ,. C�� RICHARD TEMEY TODD MANLY A. ZIMMERMAN MILTON H. BIX � TODD, ZIMMERMP.N & B(X A7TORN EYS-AT-LAW 1540 DAIN TOWER MINNEAPOLiS, MINNESOTA 55402 . TELEPHONE: (612) 833-5225 u i):;t0;��?�: %� �i�%1 ''•1�• `J�r;1.J_ l�. i-'��'1..LC�i .�tLO:CZ1�_'�7 u � i� .E'i `• 4- -,r "'-� l :� :d d JcJ�. � .� c. ,_ i� tiP_i i �_G'�i 627� Univ;.csi�.,.� _�ver�t�� i�.�. Fridl�y, ;:1i�.1^sota 55�=21 :�;: �:e�:netl� �. ;:na;» an� Y�a� -c o:�� Lc��;: 16, ?31ocr 5, 'rTyae� Pa�k r;:ldi �io?i De�.x °�r. H�rric?:: �nis l�tt^-_r �ai? 1 c�nfirra ou-r �eleT�'�oi�� C:C�II.V:�)"S`i 410�7 C�i ��°S ��'1�1c'ly c"1 � t°Ii�1C�1 Ll:"•:1C: �7� C-1i:':� '�O an �:i�i^f?:41°il� �'7�_i.'7 ft?S�P_Ci:. t0 ''i.i1^ S�']"F_?`�� c1:1C1. i,1�111�y ea �e,:.��:�t t.la-� t:�:� i�i�.� oY Fridle�- ct� �i?-�s. 4�;c� agre�d tilat �ii . az�ct 'irs. %:nat�;� ?,�oul:i ��ive �.lie Ci.Ly a s�i°e�t ancl utili-cv �ase:��:�e11t over th° �o� l.o=..,=i;.�c; i�e:� :rib�ci n:.-op�r��T: � :°�l.l t'�iat narL o.f Lot 1G, 31ocr� 5, - ��y�1L "�?a:r. k;���ai �ion, d�scz i����,i as co..�.l�ricin; �-� t;:ie : ou�::e� s�. co�ne�' O:� 5a.1U LO:. �b i Lil°i1C° �V��:i � �i1.0'_?:� t�7E'. SOUL'il �_1i7� Oi S�.lC+ �OL 1G, �3 CilS'���T1C2 U� ZJ i''��tf i::l?Il_^.F? 21? �'t.12 i10'Y.'tIl°�l i�er3_y CZ1Z -^-_i:�lOr t'"..O ��"1�.' nort'1�_�s;: co�:ner Oi s��iu Lo'v 16; t�e���e sou�:ii alo:i,; t:z� � ust �.i,z2 o� saic; I�oi. 1•;� i,1 tii^ Sou�:;:z�ast Co�ner o� said Lo� 16, i�2in, t�iu poi�t oi b�.c�ini�i7lc� anu t���rc, 4�i;.11iZ�i�J..I�IJ. ,.''�-ill 1V1T1<J lIl '�`..1�.�' l�lO:C�il ;��.lf cr � ection ?3�--"o;�,.is?�i,� 30, 1 ai��� 2�, City o� Fri::ley, Coun�y a�' :�no,�::l, State oi ::ini�esa'ca. ' , ZIl Cn�7 �l ��.t. �1 Ll0?7 OL t!1�' ��:"!e � �S �.i �17 L]_llc� �TOii ��ilc'. ;11�OV;'_ ;t^ ,cJ �'_'1.��'.,. ?c1 : ; .,_^.' : ` L ZC �:1. v_� Q �_ f''Yi il�.�?'J cZijt:`C?S �C) c;�.0 :.a.11:� ��.��):Ot.? Lil:: :���.'�_�.Q�i1?�1j 1.Lf-:;.:1�: _ , _. ' �. � �i ' � 1 ;Ir. Virc�il C. L-ter_ric}� � � ��ttorne�� at ;�a�� Oc-�o'.��r 7, 1971 • Page `1��>>a � , 1 � i ' • ' � ' � � ' ' C,, � � 1.. F>ay Ilr. and :irs. i:nunp th� su1-� of- $1, 000. 00. ?_. �i`iiere ���?ill be no a�sessr�en�s < < lc-_� �ie Z ac;ainst _ ��i-r . a.i_1 � Irs . i:nav�' s pron �rty or . ir . anu i�irs .�:nanr� �hFm- selves f.or t�e cos�c o.� t?ie �rojcc-c�<x i:��ll��rover�ienis to k.e r�lade `` �y tiz� Citv. - 3. A_f-t�r the nroject is fini a�ied, 60tn Avenue �d.L., eas� of i:iird Street 'r�1.�:,. �•rill ,�e a:�ti�ro:�i:t�ately t�••��nty-four (2�!.) -Fe�t t•�i�:e. �4. Tne Citl s�ill continu� to re::-�ove the sno;v on u Ot:r� ..V�Il:I� id . L. eas-� of. �i'�irc S �reet i�t .;:. ai ter the i.7i1�YOV2�il�ritS rlcl'TF' ���G'11 111�CiE. s 1r. x ��?\ 5. It is our un�erstar_clincj t'nat the City r�lans to Y�ut un curbs along �ne "�tnanp pro�eri�y. T"�e Cit� ac,�re�s that . t�l@ .: CUZ''� C;1.1� s•di`1C':t"4 t:llf: �I1a�� UT'1_Vf �7c3�J 1�i �OCdtc :z will h° clt - leasf: thirty (30) f���t ?�aic;e. 6. T1_z� �ence l.ocai.ec:i on t%ze ease��.l�nt caill be rn- rnov��c�? }�y �ne City at the City's e�.pense �ut. eai11 be Uiven to ��ir. i;_lap�� �yter i.� is re�:iov��� . 7. I�iter �h� �i �y' s proj ec � is con��lef:�ci, the City �:$l�Z Zci71�YSGc�7�? il]�'. S�'11j7p�S J:�0:7�Z'vV SCJ ��1dL lt 1,�'i ].21 S�2!.?:�L�Y1L.1c�l�J �i..il� S•1i_l� CO�1�ilLli)Yl d:�6 1L 1S c1t �i..11'�' t11tlG 't�1P proj �� � co.:ra��nces . � I G•JOIl� :1 lik� to see ti � tar-as cleSC}-i'�e�� i_n this lette:c fora.ial�.z:���i i ri an ayz-ee�,��-�it so th�;� ttze City �,�ill be O'lJ11���.�°::l t0 p�.'.1" ��O]"iit t;1FS�� �E�l"',•iS t0 �Ir. ��Tl:i��?7 � S :Z�lY"S � SL1C— C2SSOiS c�'l:i B.��Ei7. JIl:�, ZI1 ��1E3 r?^;1T1L1'1�1°t un�til 47G Cctp O?)t"��_il cl fOY1i!��.17.G�1 3c�1"F'E'T:lE'T?a"i.j t.:1c' Clf.ti� OO��S il?V�� !:ii:'. :�?'1�.1�?��S n^r.:tissio;Z �O 1�°<�Li1 th2 nec�ssz���J [•�Or;;, ` i L�.-�i : U ��J CG : 1�£;]'1?lE:�=�! ._ . i�21"cl�(� Si:�cer�ly, rl,� �,�1� r � J... i i.�_:_ ..ii: ;c :,�l.i .-� �-, . �� ! /V' o '�/i �i�•L:,;;��.. __. S��iR1Ly�•:1s 1�i�. �Il���.l.l�I.�l ✓ � � 55 � � ' ' � ' � ' ' � ��oc.i� � ' � � ' � � Y � c-L !�A tZY` , � Q° L- oT �'j 1'/ ' �29' ' r ..n ,� � -- ' (� p T" A�� � ■ � ' Kenneth E. Knapp St. 1970-3 —� � ; d' � � i 1 r 3 � �� , N '�CG�t 1" s �,Q` Aa�a O� Q.�:� o� w�v "Ta 'at A�s�auo = 40o s�,��, 5F� u 1 1 , lJ � ' ' ' ' 1 � ��� ' ' � , ' ' OFFICE OF THE CITY MANAGER FRIDLEY, MINNESOTA OCTOBER 20, 1971 MEMO T0: CITY COUNCIL SUBJECT: REPAIR OF SEWER SERVICE AT 5017 CLEARVIEW STREET NORTHEAST, FRANK SARAZIN On September 23, 1971, Frank Sarazin, 5017 Clearview Street Northeast, engaged Beaver Plumbing Company to repair the sewer service in front of his home. Mr. Sarazin did have conversation with the people from the City's Public Works Department prior to this time. He was advised by the Public Works Department to have the service line repaired. He was told that if the problem was in that part of the service line under the street it would be the City's responsibility, and the City would pay the bill. If the problem was found to be in the area between the curb and the house it would be the home owners responsibility, and the home owner would have to pay the bill. Beaver Plumbing�did make the excavation and repaired the service. The principal problem was the service seemed to be laid in a curve without benefit of having an elbow in the line. The line was curved and some of the joints were practically open, etc. The problem did lie between the curb and the main line in the center of the street. This section of the service has been traditionally the responsibility of the City. I recommend the City pay the bill in the amount of $250.00 to Beaver Plumbing Company. � GERALD R. DAVIS CITY MANAGER GRD/sh I concur with the above recommendation '� ' ,"7 � '� � �i. t.r -'7- Dated ��� - 2, � _ 1Y7� �Les .Chesney A rector of Public Works .i� � - .5�' . , _ i � ' � 5�3 � � RELEASE In consideration of the City paying the bill to Beaver Plumbing Company in the amount of $250.00 for the repair of the sewer service 7ine at 5017 Clearview Street Northeast for vrork done on September 23, 1971, I hereby release the City of Fridley f rom any and all further claims in connection with tnis matter. � � � /i � , ,- _. ,� -. . !,, �._- �° �� �_�..���.,� Frank Sarazin ,i 5017 Clearview Street Northeast Fridley, P�innesota 55421 � � c-�i'.�^� j '�\:A.-��\,�. I� _��,��,'�. : F- � Witness , `�; I ' . ' C 1 , , � , � l_ _ ,- _ _, _ , � ' '! I . � r ' � ; I � ! � ' �', � City of Fridlcy Fridley, Al�nnesa�a G�r.� 1 �;�en : : 0 actober 6, 1971 � (� S�p���t��A 1, 1971 I c�ll�� th� City ai Fa•idlAy a��� talk�d to a Les �h��ney €�� I ar�s told hc is in ci:�r�� a� tl�e C.ity l�orks �9ept. I�Qlr1 hir� �h�� in .Tui�� of 1q71 r�y s��re;7 ba�ke� up :��d I h�si � . sa�r�r ce�,t��,ray cs�m� �u�. Th�y ran a r���:hi�t� i� rny sr;a�r �nd told me th�y hi� �a�c�hin�* Sut in �h� cit,� ��:��t tt�a� see�n`d like xuts. Dux•in�; th� r��a:��T� 6� ��:�j����ti��s° it sta��e�:j �e A�t tAF, �:� �in sa I c�llec� th� Ciiy. I h�we al�� ha�i this trc�.tt�' e:��v��a:. t;rnc�s in th� past arid aIl �he ��eu�1e� r��� b��n i.n tt�� ������. 6;'i:��r I��alk�d to bfr. Che�n�y in 5��-�`��be�, rr� tc�2d r�� tha� I�r�zild r�v€ �:a 3iir� a s��;�r r��n �a dip it un �;�ci if �i:S�� p�s�}�l�m ar�� ir� th� s�r��4:, ����' ��:� ��'�.-�5 :�.�°_ ��_�:_.`� ���� ��j r�,�, � ��:�_� �r.-�. � �;�� �' � ' '_°_'= it t�2t3 iri x � i_ ���� ��.a--�. I� niy y�rd, �h�� I u��oulc8 h:?t�� to ��y� ths �:i.13. Alsc� he ���.ted };� Yr�t�ld send a ma.� ou2 to _c}e��.k kIf3�C:t2 }s� did e a�ct rQitl3�� �ilnti t�i� �rahleM WciS �Tl ��Ic�', S�Y`(;{�. On S�� tc�;l�er 23, 19i1 i h��ect L�c�avel° �'2u�:,�a.rl� ta c�:°,� ou� �.nd c�i�; up <� the se�l�� Hh��h t;,e;• s���ted a� �t�e lc,� ] i��v. They fat,��l th� s�s�+�r ��as cleaYa f�a�� tt�� lc�� Ii�id.:= t� �a�� licus��. hj���.���•r�t3.y �S�i��P th��� rut t};e s�;�acs�° in, �h�3- cf�;^� £x��� �t��� hause a�:i �rI;e��t tl��. oat to �}i� str��t, thr-, cp��;�n�; i.n �}i� :;t.x°�L` Ea�;� � t�sn a���1� �� �� de����s fror.� the }I�llS�� .�'ip j.Yi�,ti�°:C� !�i �'..�e`�.e°:�.�i4; �ll S �� G��� 5.'�;C �tia�;�G }?fji7� t}I�i� jtl�'st • . a�ngleJ �he p�p�_ �;�d �:�jiC t�� ir� f.he j��.,��s, i`hey c�id no� �ut �t�y � . a�k��r� in �h� j�,��:"..�� ':'}?� Cx�� eR9�Gr �::�:� i•�k� �.,iex•� ��ss.i tc�'s p�c�.u��s a� th��o A1�:� ti��„ r°���.�� �L;��r Ii�� f��a� �he. 1���a�� +�� �ii 28 ���fi: w}iich I��a�j�o�c �;.�_s ti:€ r�:?�e�;� i'o� the :,'i:�,°, �rs��I�. �'he cfiy . i��g�c�td�° tc�.c� �I�� pi���-;�scr ai2�x t3:ef f��a3�� �.;:e �r��ble tia �o �he�d ard dig i� all �}�� u�y �,o ��� �:��n ��+���. EncYas�:l i� �i�� b�21 Y r�ez;ived ��°r,r� �}�� �c}�a�-� cor:t�ari}. irG�r�V �Y�7-l�� 'Y"�Ui`�sy ,,� f:�,:.-/�' .��.1u�� �' X'i� Yi c: � ".':3."�5 °!: � "1 5017 CIt�^i�'�t�S� S�. N.E. Fr.i.c�l�y�, Ai�nn. � �,.�' �; �.4 _.. ��� � � _ F r �:, � , _> : , .,. �:: � ;� �; ' � � ' Fire Phone 560-1500 , Memo to: From . ' ' � � . ' ± � � , � ' ' ' Bus. Phone 560-3�50 � � CITY O�' FRIDLE� ����� �f �i�e - ��������� 6431 University Avenue N. E., Fridley MINNEAPOLIS 21, MINN. Gera)d Ro Davis, City Manager Robcrt Do Aldrich, Chief, Bureau of Fire Prevention Date . October 28, 1971 Subject: Park Construction - Blasting and Crushing Permit . Attached please find a letter from Park Construction requesting that the permit approved by the City Council for blasting and crushing, which was originally approved for a period of thirty days, be extended for the durafion of the project. I am also attaching a copy of the information regarding the previous weeks blasting and complaints. As I indicated to you last week, at the request of the Columbia F{eights City Council, the blasting operations have been changed from one large shot per day to two or three smaller shots. Since this change has been implemented, this office has received no complaints on the blasting operations. To date I.have received no complaints on the crushing operafiion being performed in conjunction'with this project. I made an on site inspection of this and at the site of the crushers, the noise level was extremely high. However, in front of the residence at <<021 Catifornia Street,,the operating noise of the crushers was indiscernible over the norma) activity noise levels in that area, . RDA:et cc N. Qureshi ' ��� C�� �e�p S � ���°�� ���, ��e� . , � � CONSTRUCTION C0. � � , , LJ ' City of Fridley 6431 University Avenue N. E. Fridley, Minnesota 55432 Attn: Mr. Robert Aldrich Fire Prevention Chief , Re: Blasting and Crushing Permit Burlington-Northern, Inc. Classification Yard Park Job No. 38-71 1 � l_J ' , ' � ' ' Dear Sir: ���f •1 ► � � �-��, �1 GRADING CONTRACTORS 51 TH11lTY-a[V[NTN AVE. N. [. MINN<ArOLIB, MINN[80TA 664Z1 Te�c�MONe 7B6-B6B9 October 26, 1971 Park Construction Company was granted a pex�it for blasting and crushing for ane month at which time it was to be reviewed. We hereby request an extension of this permit to run for the duration of the project. If there are any questions please call. GBM/se cc: Jim Haskell, Burlington-Northern Dick Smith, � Barton Contracting Company , Sincerely, PARK CONSTRUCTION COMPANY /, , % � . /��% / , � '/�, � , � `�� , t ' ` � 7��'< - fk j-� ��� �� �rald B. McDonald, Administrat?ve Co-Ordinator � r , 1 CONSTRUCTION C0. , ' i , � ' � , � � ' ' ' ' -i �� �� : ���rr e��': F�2 GRADING CONTRACTORS S1 THIRTY-SEV[NTM AVE. N. E. MINNCAPOLIY. MINNE80TA 664Z1 TEL[rMONE 7oB-B6BS October 26, 19%1 City of Fridley 643� University Avenue NorthEsat Fridley, Minnesotr► �543? Attn: Mr. Robert Aldrich Fire Prevention Chief Re: BZa.stizig Burlington Northern &etarder Yard Dear Sir: The data in this report covera from October 15, 1971 to October 25. �97�. DA'TE 10-15-7� 10-18-71 �0-�9-7� 10-20-71 10-20-71 �0-22-7� 10-22-71 �0-25-71 �0-25-71 TIME 3:05 PM 3:01 PM 3 s oo P!t 2:00 P!I 2t01 PM 2s00 PM 2201 pM 2:30 PiK 2:31 Pl[ N0. OF HiOLES 237 � 2�9 203 55 90 52 74 74 84 The seiamograph readinge are as folloaes DiATE 10-15-71 10-18-71 �0-19-71 10-20-71 ' 10-22-71 , �0-25-7� READING o.3in sec. o.15i.n/aec. 0.2in ssc. 0.3in/eec. o.3in/sec. 0.1 i.n�aec. o.o6in/e�c. 0.03in�aec. 0.12in�sec. 0.o6in�eec. 0.03in/sec. 0.12in�sec. 0.03inlaec. 0.12in�eec. 8'T2�'ec. . aec. SHOT 1 1 1 � 1 2, 1 1' 2 � POIIADS PSkt HOLE 4.9 5.e 6.0 6.2 7.0 6.0 6.5 7.75 7.5� HOLES PF� DSLAY �4 12 12 3 5 5 5 5 IACATION Cirtech 3755 I�in stroet 4137 - 2ad street 3s63 - 2nd street 4042 Ksin Street Vacant lot weat of Mai.n 3900 Block 4042 Main Street 4�37 - 2nd strset 4042 Mai.n street 4�37 - 2na street 42ad and I+14in 4036 l�sin Street 42ad aad 1�1ain 4036 Main 3treet �110 I�e��infStreet �� � � ' .°e � � � ..� ������, ��� , CO��SY��C��O�� ��. � , f7c3 ������� ��i�T�ACTOR� � ��, �j ��� � i�. � _ °�<..�_ �� '�fA�'���' 51 THIRTY-SEVENTH AVE. N. E. 4. •.... MINNEApOL15, MINNESOTA SS421 TELEPHONE 788-B6B9 October 26, 1g71 , bATE RFADING SgOT LOCATION 10-25-71 0.25in sec. 2 Q.021 C�.lifornia 0.125in�sec. 2 4110 Ma,in Street , We have received no complaints since last Tussday. Pxevious to that we had the following complaints and followta.p: � 10-11-71 - Ma,bel Gadbois - 4000 Main Street complai.ned that blast shook house. IJir. Smith called there on 10�15-71 to a.nspect the house and found that siucco is dei;eriorated and cracking � �house built in 1910 arld stuccoed �n 1g1¢). Seismogr�.phs have been set up in this vicinity on several occasions and readinos have all been lo��r. 1- , .10-14°7� - Mr�. Henxy Zimmer - 4021 Califo-rnia. 2�Ir. Sma�th called at the Zimmer residence on 10-18, 10-20, ar,d 10-25. They say they � have no riesr p?^oblems and that the b1.�sting is becoming mor� �olerable. Seismogra.ph has been set up at this house. 10-19-71 - p�lrs. A�thony Pikus - 4036 rlain Streei;. NLrs. Pikus stated that 1 she had somP new cracks in the southwest coxner of her baser��r�t. P�Sr. Sr�i.th checked this out on 10-�19. The seismo���.p�i �aas set up at this house on 10-22. � r �] ' , 10-21-71 � Dennis Bertr�.m -�.OG.2 2?azn St�eet. House inspection 10-22 revealed cracks in several spots in foundation shich Mr. Bertra.m agreed to be pre-existing. � The foregoing are the calls to date from residents i.ii Fridley. Ii you have any questiong, please call. � GBP�I�pn F:ile 3�3-71 cc: Dick Smith J Youxs truly, PARK, CONSTRUCTIO�J - COI�3PANY ���, �' � � , , �; _ -��,, `,' � , � i �y/ j, / %� �f �� • ��/ / ,/;' � � . _. �� � `f v ; Gerald B. I�icDon�.]_d � , 1 �. CJ ' � ' ' , , � , � � r , , � ' AGREEiVIENT FOR THE PERFORMANCE OF A TRANS PORTATIO N S TUDY Agreement, made and entered into this day of REVISED 10 ,12 , 7 : , 1971 , by and �� between the State of Minnesota by its Highway Department, the Mztropolitan Council, the Metropolitan Transit Commission, the County of Hennepin, the County of Anoka, the County of Ramsey, the City, of Brooklyn Park, the City of Blaine, the City of Coon Rapids, the City of Fridley, and the Village of Maple Grove, hereinafter collectively referred to as the "Agencies," WITNESSETH: WHEREAS, the State of Minnesota, through its Highway Department, the Metro- politan Council, the Metropolitan Transit Commission, the County of Hennepin, the County of Anoka, the County of Ramsey, the City of Blaine, the City of Brooklyn Park, the City of Coon Rapids, the City of Fridley and the Village of Maple Grove, each has the power in common to plan, review, and evaluate existing and proposed land use and transportation facilities for the benefit of all parties and the public generally and because thereof, this agreement shall be entered into by all Aqencies for fhe purpose of a Transportation Study; and WHEREAS , it ha s been determined that the sa id Tra nsportation Study be performed within the area specifically bounded on the east by Lexington Avenue; on the west by T. H. 101; on the north by CSAH 49 and T. H. 242; on the south by I94-I694; and with general consideration of the impact on the entire metropolitan area north of I94-I694. WHEREAS, the general scope and objectives of the Transportation Study is to ' review and evaluate the existin and roposed trans ortation facilities and land use 1 A � � , ` . . - 2 . �J � - _ __ __ within the stud area for the p r � g�� ,. Y pur ose o� recommenair. alte. atives in the development � _____.�` __ __. of transportation facilities to accommodate the existinq and �ftzture neec� of the area;and � WHEREAS, it has been determined that all of the said Agenci\ ��,;part �. or , � . �� \ � have a specific interest in, the stated study area; and . ����'. � ' WHEREAS, the said Agencies will all benefit from the results of th e Transportation � . Study and are all willing to share in the cost of the performance and completion of the Transportation St�udy; and " � � WHEREAS it is the ex res , p sed interest of said Agencies to participate and , cooperate in the performance and completion of the Transportation Study; and WHEREAS, the said Agencies are-authorized by Minnesota �Statutes - Section � ' ` 471.59 to enter into agreements providin for the exercise � g of powers shared in common. � NOW, THEREFORE,, it is hereby mutually agreed: 1- �. l[1E 1tai1SL'iO:�Gt1GT1 .�',�iiu�T SPc-1.11 �2 U�;YiOYit�c:C; Uf;C�c;�; i,r'i� Ci1rGC'i`.:Ofl O��i'lE.` ' Study Management Team with t' ne Metropolitan Counr,il, as contractina agent for , administrative purposes through and by a designated Project Administrator who shall work with the consultant firm below referred to. The Project Administrator shal.l be , the cha ir - man of the Study Technical Task Force designated by the 1Vlanagement Team. � The Project Administrator shal.l be desiqnated, and may be replaced at an time with Y , or without cause, by majority vote of the members of the S�udy 1VIanagement Team. ' 2. The Transportation Study shall be performed by a consultant firm selected � , and approved by the Study Nanagement Team as below set out, pursuant to a cont:act '� approved by the Study Management Team as below set out, between the Metropolitan Cour�cil and said consultant fi_rm, at a cost not to e�>ceeci $8U,500. The cost oi the . � � Transportation Study shall be shared as follows: � � . � �.._____.,.� �-� _ _ _ ......._.. - � ..., . _ . ,. � _ ,_ . _._,. ' ' ` �� � . • -3- . , • '- Minnesota Highway Department $12 , 000� ' Metropolitan Transit Commission ! 12., 000 . ' Metropolitan Council 9,000 • Anoka County 12 Q00 • � � __ ..._. _. . _ __ ___ _-- -- . __.. _ . _ __.__...._.�_____ _.____ ._,.�_..�._....,- r -.,-_._._ __..____--------- Hannepin County ` 12, 000 . ------�-- - -.. . . _ ,_ ,..... .. :. ._ . �....__._ _...,_ _: ' _._ _, _. _ ...._ _ ._. :, . Ramsey County 2 , 500 . " City of Blaine 2, 500 � � � : City of Brooklyn Park -= - `�- 6:= 500 , - : ,-- _ -� , . , _ _ _ __ _, _ _ _ __,.. . . - City of Coon Rapids � --�'�-- 6;500 , .,___ _ - _ _ , \ City of Fridley � \_ ,,500-. . , ; . � `. Village of Maple Grove 1, 000 �� ���� '_ � The share of each agency shall be paid to the Metropolitan Council, as c n� �. � � tracting agent, from time to time when and as payments are required to be made by . . the Metropolitan Council to the consultant firm pursuant to the contract. The , Metropolitan Council sliall send written notice to each Agency specifying the '� amount due from t�at Agency as its share of the payment due under the contract and stating the due date under the contract and each Agency shall pay its proportionate , _ .--._, _ . _ _ - __. _ ._ -- - ._ _: ___— share a s contained in said notice yprior to the due date set ouf_ ix�°.said notice . The , ' Metropolitan Council shall also notzfy each Agency cf the e�ecution oi fhe consul.tant � contract within seven days af.ter its execution. __ .. _..: _......,. . �. _ . :_. .. . . _. . _ .. .. _.._ . _. ._._-------- 3. The consultant firm shail be selected and approved by a majority of the ' members of the Study Management Team, wi.thout separate a�proval otherwise by the various parties hereto. Also the contract bet�veen t'r,e i�ietropolitar� Council, as , contracting aqent, and the �consultant fir,°n shall be a� roved b a m ' r' . p y a�o ity of the � �,,, members of the Study �/Ianagement Team before it is signed by the IvIetropolitan Council. ' . � -4- �`� � � . 4. The Study Management Team shall �be made up of the following representatives , of each agency: { � City of Blaine - City Manager �. City of Brooklyn Park - City Manager : i Cit of Coon Ra ids - Cit Mana er . Y P Y g � City of Fridley - City Engineer - Village of Maple Grove �- Village Engineer ' . Henne in Count - Count En ineer _ P Y Y g ' _ Anoka County - County Administrator , ' � : : Rarnsey County - County Safety Enqineer ` '� Minneso�a Hi hv,�a De artment - Director of. �'lannin � g Y p J '_ Metropolitan Transit Comrnission - Director of T:ansit Development Metropolitan Council - Directo: of Transportation Planning � , Pr vid d , o e, however, that the governing body of each Agency, or the Commissioner of � Highways for the State of Nlinnesota, may desiqnate as representative any other. person to replace or succeed the representative or representatives of that Agency as' , designated above . _ - - _. - � �-,._ . _ , _ _ . S. The contrac� with the consultant firm shall descr�.be the pe of services '\ � fio be performed by the consultant firm so as to i.r.clude a review and eval�uatio of � '��, , existing and proposed transportation facilities and land use within the study area,' ' . `.\ above described, and call for recornmendations i�y the con�;ultant firm of options ' available to the Agencies and to others in �he dev�lopment of transportation facilities to accommodate existinr and future needs cf t; e stud.� arca , and shall also provide , that the Transportation Stuciy shall be cornpleted within eleven (11) months after tne ' u, date of the contract with tne consultant firm, unless extended by action of a majority � , , ' � o � � ' , -5- of the members of the Study Manaqement Team. �� 6. The Agencies shall furnish any and all information and/or data, that it ha's available and considers pertinent to the Transportation Study, to the consultant firm without separate compensation therefor or adjustment to the cost share of the Agency. � 7. The Agencies, acting throuqh their Study Management Team representatives ' shall, at all times during the term of this agreemen�, be afforded the opportunity for : review of the work being performed for the Transportation Study, including, but not 1 limited to, obtaininq, withoui additiolaal cost, co ies of such re orts studies and P p , � data then compiled as may be requested. . , 8. The ownership of the data collected for the Transportati.on Study, together ,' �with summaries diaarams ma s charts re orts ana other d t - . ., . P, , p a a derived therefrom '_ � shall be vested with Minnesota Highway Department. Each Agency shall be entitled, without cost,_ to at least ten (10) copies of the final report and, upon request, a copy ' . of each such summary, diagram, map, chart, other reports and other data collected or I ' I ' prepared in connection with fhe Transportation Study. Upon acceptance of the final � report all participating Agencies shall have free access to the data and make pub?ic release of informati.on developed in the Transportation Study prior to the acceptance of the final report by the Study Management Team. The publication of the final report shall give credit to all participating Agencies. 9. This agreement sYiall remain in effect until the completion of th� contract with the consultant firm and the acceptance of the final report by the Study Manaqe- � I� ment Team . �_ 1 � `�' _ 10. This agreement shall b� valid ar.0 cffectivc only v��hen signed by tne uuly � ` ' ' . . '� -6- � , '_ - ' authorized officials of each Aqency, which officials, by such signature, shall also ' thereby certify that the financial commitment` ha s been encumbered for the full � amount of the agreement liability of each hereunder. � • . ' . .. . , : . •- . - ' . � `, , _ �, , � � ' ,' ' ' , _ ' ' ' ' � , _ . ' :� : � . . = , � � ' . . � � _ _ . Metropolitan Council: Metropolitan Transit Commission: ��� 1 . Bv . Bv , , Chaii-man Chairnlan .' : ` Date ___ .Date �, State of Minnesota: • County of Hennepin: �� � ,, ;: , BY Chairrnan of the Board ' Commissioner of Highways � Date Date - 'Recommended for Approval: Approved: Commissioner of Administration By � County Administrator � ' Aufihorzzed Signature Date � Date . , Recomr.lended for ApprovaJ.: . Director of Public Works • Date . ' Asst. Commissioner/Planning & Programming,' n Approved as to Form: County Engineer _ ' Date . Special Assistant Attorney General Attest: '--City of Blaine: . ount Audi r C y to BY � Date , ' Mayor Approved as to Forr,i: Date . . ' City of Brooklyn Park: �� County Attorney . :: BY � County of Anoka: ' May°r BY � Chairman of tne Board Date Date . ' City of Coon Rapids: � Recommended for Approval: ' By J �ayor Coun�y Administrator Date Date ' City of Fridley: B County Engineer ' ayor Date -- Date Attest: � � � County Auditcr ' Village of Maple Grove: . Date _$y ` Approval as to Form: Ma yor ' .Date Courzty A�torney � _ ____ — Date , �1 ' �r ,�%<. RESOLUTION N0. � , � � ' ' � ' ' , ' ' ' ' ' ' ' RESOLUTION APPROVING PLANS AND ORDERING ADVERTISEMENT FOR BIDS: WATER, SAIQITARY SEWER AND STORM SEWER PROJECT N0. 105 SCHEDULE B WHEREAS, pursuant to a Resolution No. 135-1971 of the City Council, adopted on the 18th day of October, 1971, Comstock and Davis, Incorporated, Consulting Engineers, has prepared plans and specification for all the improvements proposed by Resolution No. 135-1971 and has presented such plans and specifications to the Council for approval. NOW, THEREFORE, BE IT RESOLVED, by the Council of the City of Fridley, Minnesota, as follows: 1. That the improvements proposed by Council Resolution No. 135-1971 shall hereafter be designated as Water, Sanitary Sewer and Storm Sewer Project No. 105 Schedule B. 2. Such plans and specificatons, a copy of which are attached hereto and made a part hereof, are hereby approved. 3. The work to be performed under Water, Sanitary Sewer and Storm Sewer Project No. 105 Schedule B shall be performed under one contract. The City Manager shall accordingly prepare and cause to be inserted ia the official newspaper advertisements for bids upon the making of such improvements and under such approved plans and specifications. The advertisement shall be published for two (2) weeks (at least 10 days), and shall specify the work to be done aad will state that bids will be opened and considered at 11:30 A.M. on the 15th day of November, 1971 in the Council Chambers of the City Hall, and that no bids will be considered unless sealed and filed with the City Engineer, and accompanied by a cash deposit, bid bond, or certified check payable to the City for five per cent (5%) of the amount of such a bid. That the advertisement for bids for Water, Sanitary Sewer and Storm Sewer Project No. 105 Schedule B shall be substantially in form as that noted in Exhibit "B" attached hereto for reference and made a part hereof . ,. l i ;` ( f � ADOPTED BY THE COUNCIL OF FRIDLEY THIS .DAY OF �;: � , 1971. ATTEST: .: Q, CITY CLERK - Marvin C. Brunsell- � MAYOR - Jack 0. Kirkham ' ' A PL.AN For I,�lplemetiting the Joint Po�aers Act ' as it applies to Co1u.:�bia Hzi;;;:ts an�l 1 ridley. ' I.INV�STIGATION A\D C001tDINATION ' ' ' ' ' ' , , � ' ' ' ' ' � The City Councils of Fridley and Columbia Heights shall meet jointly each montli for six to nine months in special sessions with the following agenda ur.der consideration: 1. Idet:tify services and resources whic�h cculd be shared or CU1150LLd:3tE.'d. 2. Determine the improvements in service leuels and reduction of costs possi!�le �vith each sharing possibility. 3. Solve the problem of joint cantrol of any shared servi_ce oz resource which appears profitable. 4. Detez-mine how each city wc,uld pay ior its share of ar.y shared service or resource, and if necessary, in :rhar. p-roportion. 5. Detennir.e the effects upon any groups of city employees and seek their advice. II. DECISION After sufficient meetings, tk�e Councils shall have drawn up detailed outlines of any proposals r_hey agree upon, showing how they would be accomplished and what improvements in service level, cost, or quality �aould be expected. REFERENDUM. Tne proposa].s shall be submitted to the citizens of the two cities in a1 advisory referendum a£ter at least two �nonths of study and r_cm�nent in the communities and their news media, preferably in the November, 1972 General Election. �1GF,E EMENT . Considering public opinion shown by the referendum, the two Councils shall then enter into any agLeements necessary under the Joint Powers Act whicr are proper a!id profitable: III. ACTION AIrD FOLLOW-UP 1. 2. ! ��.. The C�ty Managers of the cities shall proceed to implement any sharing agreenents and prepare regular progress reports. The Councils of Fridley and Columbia H�ights shall meet jointly every �:�o moiiths to: a. Review progress. b. Resolve conflicts and unforesecn problems. c. Investigate more areas of possible cooperation for presentat-ion ?.n Referend<�. d. Plan public discussion of any sharing proposals before a P,eferendvrn. Jack 0. Kirkham . Cayle R. Norberd IL_� ' , � ' ' ' � ' ' �� � �i;s n P t.�rr i �> F:, ��..°_iS r-�Wo � �t{�`3.'>�1...9�1�`,�3dC°� �_':�'ibwf���?:F."..�'.:C�)� ..... �� � ��.,,` `� LB it ��i�'`i'� �v'�.::�.F. %:'.Z, .�! 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' , ' �'� �� ¢:F'�s.y=A PyG <<s �' a 0 r :�«•� � G�ii,�"i'�:r�; Fa ��;.=.d..�+; �:���o �� �°�� ���� :� �:� : _n�,� _<.��_LL� � ��' � `�'`� v� ���� _ _�� :�YSO��o �ei::i_adsE:+:'�' g s�o�-�o�-� m c �� ' � � ' � ' ' ' ' � ' ' � ' ' � , ' ' C L A I M S . J 11-1-71 GENERAL: #26660 through #26780 LIQUOR: #6072 through #6103 � r. c- �.) � � !� ' MULTIPLE DWELLING LICENSES TO BE APPROVED � by City Council November l, 1971 September i, 1971 to September l, 1g72 ' NAME ADDRESS UNITS FEE APPROVED BY Lucia Lane Apts. 6670 Lucia Lane 16 16.00 Fire Prev. Bureau Vernon M. Eide, Gen. �Partner 412 Southview Blvd. South St. Paul, � Same 6680 Lucia Lane 16 16.00 Fire Prev. Bureau ' Same 6690 Lucia Lane 16 16.00 Fire Prev. Bureau ' ' ' - � ' ' ' � ' � � ' ' ' � , ' i 1 1 1 1 1 1 1. 1 1 1 1 1 1 � CONTRACTOR'S LICENSES TO BE APPROVED BY COUNGIL AT THBIR REGtTLAIt MEETING ON NOV�ER 1 1971 GENERAL CONTRACTOR APPROVED BY Daco Construction 8701 Jefferson N.E. Blaine, Minnesota By: Frank Daigle Bldg. Insp. Ron Scholl Construction 1508 Ferndale Avenue Fridley, Minnesota By: Ronald Scholl Bldg. Insp. � � E ( , 1 � ' � � � , � � � ' , �.�Ty 0 _ - � 1' OUSE TRA I LER /�('PL I CAT I UN r � � �.. � Date: ��_�� It is hereUy reques ted tliat I be 5_sstied a,}inuse trailez E�ermi.t in compl iance witli Chapter 4J., City Code of Fri.c�ley, Mirme�uta, 1963 Ly rcason of the following: . A. Name of Appl icant : �� ey��,� �T� ��?�, Address . �, �'��� ' �'p�� � -, �/ .�f vf, �� � —L� B. Ownership of Trailer: "� ,��" . (��1 f4 f��,��) � � , I� �-� --� , � C �i�f � -7- � J�us�� i�, – �%L.>����� C. Description of T.railer (Make and Size) :_ �/-�~� ����/-}��� �--- I �' `;�%��}-- ✓ D. Name of Qwner of Land; �?,r��t%�lL' ���L-- , Address. �, C/ �G:,�,e,r� �•,� ��,,� !r c ,-. ! Z"S � /�.'�!� �'�?/l�;�'I�t-(��% E. .Period oi Time Trailer is to be Stored or Occupied: , `�-��>`?7'v�; f 17 e�,l� , F. Use of Trailer: Q - ��ir l-��-/�,�in?2� �N`�'k ,Gc.'G- � J/� ; G. Signatures of Adjoining Property Owners Granting Approval; H. I�ocation of Txailer on Pxoposed Pxoperty (Attach Plat Plan of Property); �-r, � �.* �/l��' �+ � ��ir��- - P7 �� �- �' � S��,L� r�t P 1S.�z�.�G ' {' �� I. Where Trailer is to be Occupied, What is; v ' ' r 1. Relationship between Txailcr Owner and �,and Of„�ner:���'�� � 7 �� ✓4�,�, 2. Names and Ages of All Occupants :��� ��,i.��� �� �:-�L��l �; C , 3. Faci.l.xti_es �'or Sewage Disposal, Water and Electricity: /_ / ; ��? .�_-°1_? ,^���G.'�!i !'��/�� �i.., �; �rs i1^��-r� -�� �, ., , . , 4. �mployrnent of Applicant: � � � C�1 . : - l�;� /�'QC, �'�; �/ � S. Wiiether Applicant is Constructin� Home in Area:��-� ���,7,i����j�,`/' The application, whc:n presented to the C�t Counci: shaIl�h�d;a'�" �=' , Y , me� xecommei,a�3��on �� the ?.oni�lg Administxatox and/oz Btii_ld�ng Iiispector. ' • Please find atCac?ied check in the an�ou�,t of $5.00 for parl:ing/$25.00 for ' occupy�nL a ho.�se tr.ai]er. �" : . ��� y � / � �c` � -�l �i���� ,� � ZfIC . � ' ��� �_ ' �" _ —�--�, �� ----�� 1,'_' r+ � � A� J�`znt F�ti c�_�� �` i ' Receipt No, I.�.cer,se No, ' ' � � 1 1 1 1 1 1 , 1 1 1 � 1 1 1 1 /" ! �€��v'�[' / � � ..1- i� C. _ � �o,o%z�fi�- � /o c �"� �- U�', L i c � T� ` ���,- G�� 7� T ���/"�/� � `�� . — O��i� e T,-��� /� \ i �� . ' ' � (. 4 '" / , �� ESTIMATES FOR COUNCIL APPROVAL - COUNCIL MEETING OF NOVEMBER 1, 1971 , Randall & Berglin, Inc. 6801 �laza Curve Minneapolis, Minnesota � FINAL Estimate No. 2 for the construction of Sanitary Sewer, Water & Storm Sewer Improvement Project �k105 r r Dunkley Surfacing Company 3756 Grand Street N. E. Columbia Heights, Minn. 55421 FINAL Estimate No. 7 for Street Improvement Project ST. 1970-4 ' Claytron, Inc. 7946 Eastwood Drive Minneapolis, Minnesota 55432 ' FINAL Estimate No. 1 for construction of Repair and Relief to Locke Lake Dam, Project No. 104 I r I � I ' � I ' ' � ' " Comstock & Davis, Inc. 1446 County Road "J" Minneapolis, Minnesota 55432 � For the Furnishing of Professional Engineering Services FINAL Estimate No. 1 for Sanitary Sewer and Storm Sewer Improvement Project No. 100 FINAL Estimate No. 2 for Water Improvement Project Na. 95, Schedule B Partial Estimate No. 1 for Sartitary Sewer, Water and Storm Sewer Improvement Project No. 105 Partial Estimate No. 1 for Sanitary Sewer, Water and Storm Sewer Improvement Project No. 105 from Sept. 3, 1971 through October 2, 1971 Bury & Carlson, Inc. 6008 Wayzata Boulevard Minneapolis, Minn. 55416 Partial Estimate No. 2 for Street Improvement Project ST. 1970-3 l l� $ 34,983.71 $ 3,999.90 $ 11,330.00 $ 3,228.67 $ 1,433.66 $ 2,981.69 $ 1,712.39 $ 39,228.90 ' 1 ' , � ESTIMATES, NOVEMBER 1, 1971 Randall & Berglin, Inc. 6801 Plaza Curve Minneapolis, Minnesota 55432 Partial Estimate No. 1 for the construction of Sanitary Sewer, Water and Storm Sewer Improvement Project ��105 Suburban Engineering, Inc. 6875 Highway No. 65 N. E. Minneapolis, Minnesota 55432 Partial Estimate No. 1 for staking of utilities in Innsbruck North Project 103 Partial Estimate No. 1 for Inspection time through 10/21/71 for construction of utilities in Innsbruck North Project 103 Dunkley Surfacing Co., Inc. 3756 N. E. Grand Minneapolis, Minnesota Partial Estimate No. 1 for Water, Sanitary Sewer and Storm Sewer Project �k103 (Innsbruck North) PAGE 2 $ 18,088.07 $ 1,292.02 $ 181.72 $ 31,990.99 �1 , `-� ' �I ' , �i��.;1i'3.€.f�"7i e� �i`t�?�ti� J�T:�;• Lri�ih.'��a�,6L8�t+' �Tr:ry.t�\'Y�.,.y g�{ .b�`'8YD vL1ii.?.??�'r �',�;s �.:3 ')�`; �t , i'1's.°L'*..�'.�.�:�a&���9-p•^t 9 S%.}..:`1:'G�..:v�(s'-��Pi._..�ia f ^.�. -'i.d2. V�':�.�i�L'a c:u ��.,�.5�. � 6t: �, J 1' x� i�'a � •... P�-S -�v _ n a Ci � ��� ��� � d�A �';� �''.S-r i ��� �! fF ��� p} ,�Q;;'~C' 1'Lg''�G :' L� 1�r1 tw�T I,��2J�i'3. 5lSA'. 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Davis; City Manager �6431 University Avenue N.E. Fridl'ey, Minnesota 55432 • . . � . . . � August 13, 1971 ��.a -fiq 1. �`� ' Gentlemen: . . ' , ' . � CERTIFICATE OF THE ENGINEER ' �� W� hereby submit the Final Est' a ic� te for Dunkley Surfacing Co., Columbia Heights, Minnesota for St. Improv. Proj. St. 1970-4. ' Original Contract . � 98,722.00 ' • �' Final Construction Cost , - � $110,891.23 _ Less Est. �1 - $17,707.95 Less Est. �2 - $16,945.83 ,'� I.ess Est . #3 - $17, 067 .75 � Less Est. �4 - $12,534.43 • Less Est. �S - $34,078.98 t. , � . Less Est . �6 - $ 8,556 .39� �� . AMOUNT DUE FINAL ESTIMATE �7 $ 3,999.90 ' . . • = -• �' - . -'(See Attached Sheets � thru 7 ) ' ., ; , _ • . '� We haye viewed the work under contract for the coastru Improvement Project St. 1970-4 and find that the same is subs[antiallyreet � Complete in accordance with the contract documents. I recommend that . final payment be made upon accepEance of the work by your Honorable Body, . and that the one year contractual maintenance bond commence on the date , , listed above. • : Prepared by f ���`�_ �,,f�/��r Respectfully submitted, �� Checked: b �� � J y - •� � t� �,� �� �(•/., �iI __ • . , . • - �� (�-�".- -�---t JG. _ � -�.� �; ` , , • NASIM M, QURESHI, P.E. . � City En�i�eer-Director of Planning � ' • ' � , 0 r � ' � , ' �� C��;a1���ir:i; & D.b�i3S9 L�C. C�r:?��a�.�3.�b i��.U:L�±.Ls�s� .'. ��5}l3 1a���1�y liQCir....4 l7�II Ti$�'n y�.�'i�B �.�.s � �:�T!lTdG��'�� .r?�c� `'•Z S�p�E.':�^,��.'�" ��';y ����. 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Yi o ii� o ie .�., i.� � sT c ....--m......_.....a.-... �� ' ' ' , MEMO T0: GERALD R. DAVIS, CITY MANAGER FROM: MARVIN C. BRUNSELL, FINANCE DIRECTOR SUBJECT: SEVERANCE PAY - ON-SALE LIQUOR EMPLOYEES ' DATE: OCTOBER 27, 1971 ' ' I ' ARTICLE XII, Section 5 of Resolution No. 35-1971 which � nstitutes the labor agreement between the City of Frdiley and Local Unions =l52 and #458, On-Sale liquor employees, provides the following: If the On-Sale Liquor operation is discontinued and full time employees remain until the On-Sal�e Liquor Lounges are sold, each full time employee will receive one weeks pay for each year of service as a bonus. It was further agreed that the bonus would be on the basis of a minimum of two weeks and a maximum of eight weeks for full time employees. Listed below is the information on the affected employees: EMPLOYEE'S NAME Jucick North Bialon Allen DATE EMPLOYED 1/1/68 5/8/62 3/10/69 5/4/64 LENGTH OF SERVICE 3 yrs. 10 mo. 2 yrs . 7 mo . 7 yrs . 6 mo . ALLOWABLE SEVERANCE PAY 3 - 5/6 weeks 8 weeks 2 - 7/12 weeks 7 - 1/2 weeks TOTAL AMOUNT OF SEVERANCE PAY $602.33 $932.80 $283.13 $1,230.00 Grant 9/4/64 7 yrs. 2 mo. 7- 1/6 weeks $1,175.33 Larson 8/11/62 8 weeks $1,312.00 Lund 11/2/62 8 weeks $1,312.00 Wilson 4/5/69 2 yrs. 7 mo. 2- 7/12 weeks $423.66 Ke11Y 7/20/70 2 weeks $328.00 The total City's obligation for severance pay under the union contract is $7,599.25. This expense will be a cost of operation that will show up in the liquor financial statement for the fourth quarter of 1911 and will, of course, reduce the profit for the fourth quarter over what the profit would have been had the City not been obligated to pay this severance pay. 0 � �� ' .' ' , � MEMO T0: GERALD R. DAVIS, CITY MANAGER, AND CITY COUNCIL FROM: MARVIN C. BRUNSELL, FINANCE DIRECTOR' SUBJECT: TRANSFER OF FUNDS FROM STATE REVOLVING ACCOUNT TO 1-HE NORTH PARK CAPITAL FUND DATE: OCTOBER 28, 1971 The attached resolution vrould authorize the temporary transfer of funds from the ' State Aid Revolving Account to the North Park Capital Fund until such time as the City gets its reimbursement from the State and Federal agencies. The cost of Phase I and II for revenue received to-date are as follows: ' NORTH PARK PHASE I Legal $ 200.00 ' Appraisal Fee 1,700.00 Cost of Dismissing Suit 500.00 Abstraet � 28.�5 , Land Costs 143,096.00 Interest on Land Before Purchase (3/1/70 to 9/15/71) 7,057.38 Taxes on Land Before Purchase (1970 & 1971) 5,527.61 �� I ' ' Less: Interest Earned Net Cost to 9/30/71 Funds Received from State Transferred from General Fund TOTAL Transfer Needed ' NORTH PARK PHASk II _. Cost of Option , Cost of Extending Option (Taxes & S.A.) Appraisal Fee ' � ' ' Less: Interest Earned Net Cost to 9/30/71 Transfer from General Fund 158,109.14 1,900.00 $156,209.14 35,750.00 48,959.14 $ 84,709.14 $ 71,500.00 $ 10,000.00 7,921 .96 850.00 18,771.96 84.82 $ 18,687.14 $ 11,040.86 $ 7,646.28 �:� , ' RESOLUTION N0. �g�� ' � � A RESOLUTION AUTHORIZING THE TEMPORARY TRANSFER OF FUNDS FROM THE ' STATE AID REVOLVING ACCOUNT TO THE NORTH PARK CFlpITAL FUND ' ' �r ' WHEREAS, The City Council has previously authorized expenditures for the purchase of land in an area known as North Park, and WHEREAS, The City has requested State and Federal participation for the purchase of this property, and WHEREAS, Federal and State participation has not yet been received in an amount necessary to off-set the cost incurred�to-date, NOGJ,THEREFORE, BE IT RESOLVED, That a temporary transfer of funds from the State Aid Revolving Acco�nt to the North Park Capital Account in the amount of $80,000.00 is hereby authorized. '. PASSED AND ADOPTED BY THE CITY COUNCIL OF 7�HE CITY OF FRIDLEY � THIS I DAY OF �;-'r� �''�� - , 1971. ' ' ' , ' ' ' � ' ' �. ATTEST: CITY CLERK - MARVIN C. BRUNSELL MAYO ACK 0. KIRKHF�� M-'- �(� � ,� ' �J , ' 0 RESOLUTION NO. �`i `"I A RESOLUTION TO ADVERTISE FOR BIDS BE IT RESOLVED by the Council of the City of Fridley, as follows; � 1. That it is in the interest of the City to award bid contracts for the following items or materials. "WOP.KMAN'S COMPENSATION INSURANCE" ' 2. A copy of the specifications for the above described items and materials, together with a proposal for the method of purchaseand the payment there- of have been presented to the Council by the City Manager and the same , are hereby approved and adopted as the plans and specifications, and the method of acquisition and payment to be required by the City with respect to the acquisition of said items and materials. ' ' � , � 3. The purchase of said items and materials as described above shall be effect- ed by sealed bids to be received and opened by the City of Fridley on the twenty-fourth day of November, 1971. The City Manager is directed and auth- orized to advertise for the purchase of said items and materials by sealed bid proposals under notice as provided by law and the Charter of the City of Fridley, the notice to be substantially in form as that shown by Exhib- it "A" attached hereto and made a part of by referen.ce. Said notice shall be published at least twice in the official newspaper of the City of Frid- ley, PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY .� THIS DAY OF _ �- � � , 1971 � , ATTE ST : ' CITY CLERK ' ' ' Marvin C. Brunsel MAYOR Jack 0. Kirkham ��� ' ' ' ' ' ' ' ' , , _ , , ' ' � , ' ' BID NOTICE- " for WORKMAN'S COMPENSATION {INSURANCE EXHIBIT "A" The City Councit of thc City of Fridley, Minnesota, witl accepfi sealed bids for Workman's Compensation Insurance, Such quotations wi11 be received by the City Manager's Office no later than November 24, 1971 until 2:00 p,m, on the said date at the Fridley City Ha11, 6431 University Avenue Northe�st, Fridley, Minnesota; Telephone 560-3��50, to be effective �anuary l, 1972 for either one (1) year or three (3) y�ar term, The City reserves the right to reject any quotations and to waive any irregularities or i�nformalities in th� biddingo Each bid shall be accompanied by a Certified Ch�ck, Cashier's Check, Cash or Bid Bond and made payable without eonditions to the City of Frid)ey, Minn�sota, in an amount of not less than five perccnt (5%) of the bid, which check, cash or bond shall be forf�ited if bidder neg)ects or refuses I to enter into Contract, aft�r his bid has been acceptedo ' � The City r�serves the right to accept the bid which is d�termin�d to be in the best interests of the City, The City reserv�s the: right to reject any and a11 bids and waive any informalities or technicaliti�s in any bid received without �xplanationo Copies of the specifications and general conditions may be examined in the office of the Purchasing Agent, or copies may be obtained from this office, All bids�must be submit.ted in seated envelop�s and plainly marked on the outside with "WORKMAN'S COMPENSATION INSURANCE", PUBLISH: Novembcr 3, 1971 November 10, 1971 Gerald R, Davis, City Fianager C� r2 .�„ � � �� � FiRE ��EPARTMLNT'�� REPORT ��OIZ�'SEpTEb�BER � 1971 -,----=--�-t-r--.-�-�-�--_ � . ---.c-.._-..--� Fire alarms January tl-�rough September 30, 1970 . ' Fire alarms January through September 30, 1971 ,,,,, 277 Decrease in alarms throu h Se t. � 268 � p , this year ..,,,, g ' Fire alarms for September 1970 Fire alarms for Sep�ember 1971 Decrease in alarms for Sept. 1g71 ...... 23 ••.... 16 ...... 7 , In September of 196g we had 50 alarms, 33 of which were grass fires, this month we had only 1 grass fire. The burning ban has been effective in cutting dawn the number of grass fires. ' ' ' ' � __ , ' ' �� � , ' � ALARA9S Autos f� trucks 3 Gas Spills 2 Houses 0 Faulty Alarms p False Ala.rms p Industrial p Commercial 1 Rescue F� lst Aid 1 Grass � Trash 2 Honest Mistakes 1 Hospi�tal 1 Fire Out 1 �3on Fire � Apt. House 3 Total......... 16 TYPES OF ALAItMS General Alarms g Company Alarms 1 Still Ala.rms ( Tota1........ 16 average response 18.11 average response 13 average response 3 Our fire losses for the month are'?stimated to be appxoximately $20,000.00. Most of the loss•occurred in an apartment house, where 3 fires of a sus�icious nature occurred. The commercial fire occurred at The Country Kitchen, the deep fat fryer caught fire, but was extir.guished by the built in protection system. The hospital fire was a machine that caught fire in the business office. There were four training sessio�7s this month with an average attend�nce of 21.5 men. Met with r9rs. Johnson, frc,m the League of bYomen Voters, to arra.nge for Open Hot�se for the City Hall and Fire Depar.tment. � Checked out the sprinkler system installed in the shopping cen�er in Hilltop, Met with the Joint Law Enforcement Committee for Anoka County in regard to Central Dispatching. Meetings attended: Minnesota State Fire Chief's Conierence at Albert I,ea, Minnesota. Chamber of Commerce United Pund Staff Meetings Met with Officers of Minnesota Linseed. R�spectful l y submi.tteci, �� .1.��� �-� '� �r� �% � , .�; i �1i'. �%=�r�% <;'� Robert S. }iugh�,�,�li�ief� l� .� _ � \ \ � � � l0 � t0 CD � N Y.) � � \ \ � \ � Cf� ld t� CO tp �p . � � \ \ W W FN.+ �C..J, 0o V �I f--� F-+ F'' F-+ �1 W ,�. � �1 V V V \ \ V V \ \ \ \ \ v V '�' �-' ~ ~ � � � F�, � � ,-v� ,_�., ,,.V., � f.�, 'J ►-� m '_' o o � � � p.� �p O �--� H, N �--' N N O N O N 1--� F--� � O N �l p� � N r--� r"'' p .A W O O tn Ga � N p' Cn W �,,i Cn W O F--� �..� O � O N � �-i ' � Cl'� V tp W Oo tn Cn p� Oo W N O W � � � W `Ci � � � `C� f `CS � , � ,.� � (Tl ... � � � � � � � � � � � � � • • � . � � � � I-+. tp F-'' d� 3 O W `G O W i W V ~ � � . � �� fn � O� �i ~, �. � .P F., . F.,, � O O F+• fn `G W ry 0 � � t"' G 1-� � `� W �' O �i � c� �' � x � � � � � � � s ], c'' `< � b � � "' x � � x r.�. O4 � QQ C V f/� � �' � W 'Lj .u" v � ° r.�', °o +� �°�,, �, � � � � �• � N• o rn w `< � ' '� � �: `� � � m a' w c-� �' x' n z � o� o rn � < �' � cn �, �, � � � � � � � o rt z • � � � z �-' z z o � � � � � ` • cu . ' � � m � � c� � r;� ,� . N � 1-7�, F"'' W q p � p � � Y � G� Y b7 � r+ �i � o � � � f'h c�n �' `� =� A� c-�f t�n �i tn o �•. -v N o `t ' , J. � � �. � �' � � � y � m � 9 � � c� rn � � � N cn o �' i.r f'. Cp � �,,, p ¢, F,,, � � M � � In �T7 � a tn � �'�' CD O � � � � � � � • O N x �. � O � Y � CD � y y ~� � v N � � � � � N c+ � � � N O � O O � � � � � O � , , d � rr n � n . O ^ � � � �-� � rF �, � N. . F--� `C f-' 1--+ v �' v �--� ~ O. O O N � 1--� p� v W N 0 N U� W N W � (ll W � � � � � � � � � � � � O O � O O O O O O p p � O� O� � O� � O� O� O� W O� p� � � � � � � O � � O� V � � v V �► Ov rn a` a. a, m � � N � � V] C!� 1� Uj 1� ^ . O �f rr � � � rt p� r} � p . 1-�. F-+' p� f-�• O N• � C7 U�7 v ' v Cn v � v — � f-' N N �"'' 1-+ N O. N O N F--' (rl O N f"' F"'' O � W O O t!i .. �- -P Cn 'P U I--+ F,, .. .. .. � Z O W � Cn Cn V CO � .P N � Vf � m R� '-� Sv 't3 � p� 'ti A� 'U 't3 :o � � � � � � � � � � ? < . . . . , n m z 0 F-� �, N �, N p._, N . W (N W �''� W .p N � W W � W. Cn W f--� W O 'T7 1 �z � , � i I ! � � � � � � �' � � � w � r°.\i o' � ! D� oo v C�.� c�n -NP i1 V o� , P , i � � m 1 C�7 � C � N G �-i � N `C� rr � a m �t � , � � � V 1-� FIRE PREVENTION BUREAU Summary of Activities This Month This Month Last Year ! Buildings Inspected 20 22 Reinspections 6 . �9 Insp�ctions other 6 3 than Buildings Burning Permits � p Requ�sted By Inspector � 0 By Oth�rs 0 0 Special Permits 5 � Totai 38 55 Orders .Issued 3 � Ordcrs Completed p 12 Illegal Equipment 0 0 Ws-i��en Warnings 14 12 Verbal Warnings 16 16 Compalints 3_-_� 2 Fire Investigations 4 2 �Extra Activities; Committee meeting - State Bldg, Sprinkler Section Fire Safety Seminar - Fridley Conval�scent Hom� Fire Safety Seminar - �aMaur Fire Prevention Week mailing Arson Investigations Rescue Semi;-iar - North Memorial Hospital School Programs Fire Brigad� Training - Onan Inc, Installed packaged Disaster Hospital at Unity Coordinate with Park Construction on blasting. Com�letion of specifications on Aerial truck September 1971 Totai 206 107 161 9 �3 0 10 487 29 61 0 53 142 16 45 A ' � � ' FIRE PREVENTION BUREAU ' Summary of Alarms Sept�mber 1971 i This Month ' This Month Last Year Total Residential � � 17 � Non-R�:s i den t i a 1 p 0 2 Commercial :� 0 �� � Industrial p 0 1 � Grass &. Brush 2 3 55 ist Aid & Rescue � 2 6 ! Auto � Truck 2 4 43 `� Fats� 0 0 ' 6 Honest Mistake 2 0 23 � Miscellaneous 5 5 68 S to rage 0 0 S ' Mutual Aid p 0 5 Hilltop p 2 5 , Tota 1 � 6 �- � �3 254 , Response; 16 Alarms General Alarms g 163 m�n 18.+ men/ca11 ' Still Alarms 6 18 mcn 6.0 men/call Company Alarms 1 13 men 13.0 mer/ca11 � Losses for the mon th of September ' Buildings $495.00 Contents -0- Cars & Trucks Total Losses for.Year ' E3uildings $30,778,00 Contents ' $7,70��.00 Cars & Trucks ' � $500.00 $13,229.00