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03/19/1973 - 5782� ' � �� �� �I � I�� 1 �I J il� ' I _I ' � ' ' ' �' �I� ' t PATRICIA ELI,IS COUNCIL 5ECRETARX REGULAR COUNCIL MEETING MARCH 19, 1973 ' . ' ' , FRIDLEY CITY COUNCIL - REGULAR CDIJNCIL MEETING - MARCH 19, 1973 - 7:30 P. M. PLEDGE OF ALLEGIANCE: Given. INVOCATION: ROLL CALL: 7:30 p.m. Two minutes of silence to thank God for the return of POWs. All present. � PRESENTATION OF AWARD: Trophy Presented to Fridley High School Wrestling Team and Coaches ' for Winning the State Wrestling Championship Presented to captain and coaches. ' , ' , �� APPROVAL OF MINUTES: Public Hearing Meeting, February 12, 1973 Adopted. ADOPTION OF AGENDA: ADDITIONS: Change "receiving bids for liquor store sign" to "receiving bids for liquor store fsxtures". Petition for repaving and installation of curbing for Starlite B1vd. from 61st to Sylvan Lane N. E. Communication from MaZcom Watson, City Manaqer, Columbia Heights. Conurtunication from Frad3ey Police Pension Association. Communication from Wyrr�an Smith, District Court FiZe 28615 - 4561 Reconsideration of apnointment of Bob Barnett to ad hoc North Park Committee requested b� Councilman Nee. VISITORS: , Introduction of New Police Officers by the Assistant City Manager/ Public Safety Director Puhlic Safety Director, James Hi11, introduced Charles Hanson, Gary W. Lanzmeaer, and Phillip J. Salewski. ' (Consideration of any Iteras not Listed on Agenda - 15 Minutes) I � � � MR5. 5HARON �AKKE, 652 Monroe 5�., Secretar� for Nature Center Booster Conm�ittee, annannced meeting of Coirartittee on March 22, 8:00 p.m. at St. �illiaans Church and invited a11 to attend. A1so, requested placing a poster announcing the meeting on the City Ha11 Bulletin Board. Request approved. . ' , ; FRIDI,EY CITY COUNCIL, MARCH Z9, 1973 pAGE 2 � PUBLIC HEARINGS• , ' � ITEM NUMBER & PAGE NUMBERS Public Hearingon Request_for a Front Yard Variance by. .....�. . . 1- 1 E Robert DeGardner, 6230 Riverview Terraee (Change from t Previously Approved Plan by Council) Approved request for front yard variance from ten to nine feet contingent upon receipt of a.Ietter of agreement from the adjacent propert� owner. OLD BUSINESS: Discussion on Acquisition of Property in Connection. ....... .. 2 with Islands of Peace Project City Attorney authorized to enter into a� option agreement with /� Mr. Minder, a1so, the Mayor and City Manager authorized to sign /y ��� the option agreement. $2,000 presented to the Islands of Peace Project by the L.ions Club to be used for option money. Commi�tee to acquire contributions ot' $13,000 be fore May I5, I973 for payment at closing or forfeit the option money. Consideration of First Reading of an Ordinance for. .......... 3- 3 E Rezoning Request ZOA ��72-11 by Union Oil Company, 5695 Hackmann Avenue N. E. to Rezone From C-1S to C-2 ' First Reading adopted. No additiona.Z residential property to be rezoned. and - ' ' t i� � Consideration of Approval of a Special Use Permit SP ��72-18 by Union Oil Company, 5695 Hackmann Avenue. To Construct a Convenience Store and Continue Service Station Stipulation - there wi1l be no application for building permit made for six months or until plans are complete for the intersection. and Receiving Report Regarding the Central Qvenue/T.H. ��65 Intersection from City Engineer Report Received. Councilman Starwalt to meet with area property owners to work out traffic problem solutior. City Engineer to provide a1.Z the necessary information. �J � I � I � , � � ' � ' � � � � � � FRIDLEY CITX COUNCIL, MARCH 19, 1973 PAGE 3 ITEM NUMBER & OLD BUSINESS (Continued) PAGE NUMBERS Consideration of Second Reading of an Ordinance . . . . . . . . . . . . . 4 - 4 A Amending Section 3.05 Relating to the Use of Sick Leave .� for City Employees Ordinance #534 adopted and Pu�blication ordered. Consideration of Second Reading of an Ordinance . . . . . . . . . . . . . 5 Amending Section 3.08 Relating to the Use of Funeral Leave for City Employees Ordinance #535 adopted and pub.Zication ordered. RECONSIDERATION OF APPOINTMENT OF �. BOB BARNETT TO AD HOC NORTH PARK COMMITTEE REQUESTED BV COUNCILMAN NEE Because Mr. Barnett is a staff inember of District #14, Councilman Nee requesting inviting nominations from Districts #11, #I3 &#16. Motion on item was de%ated four to one. NEW BUSINESS: Receiving Petition froctt Don Bratt for Lot D, Registered ... .... 6- 6 C Land Survey ��3 (Siverts Lane) for Municipal Water and Sewer Petition Received. Requsst to pat in Cesspool and well approved with stipulation that p.roperty owner connect to the municipal systerr�s when completed. Receiving the Minutes of the Planning Commission Meeting, .,,,, 7- 7 Q of March 7, 1973 1. Public Hearing: Rezoning reguest, 20A #73-02, by Robert DeGardner: Concurred with Planning Commission in denial cf rezoning request. 2. Public Heaxing: Special use permit, SP r73-01, Standard Oil Co. Approved request to install car washing eruipment. Did no� concux wzth Planning Commission. Lieb1 Nay. 3. PubZic Nearing: Rezoning request, ?OA #.73-03, by Samuel Temp�in; Pending before Planning Commission, no action. � ' � � � � ' FRIDLEY CITY COUNCIL MARCH 19, 1973 Paqe 3-A iVEW BUSINE5S CONTINUED: Receiving the Minutes of the P.Ianning Commission Meeting of March 7, 1973 continued. . 4. Vacation request: SAV #73-02, by SamueZ Templin: Pending before Planninq Commission, no action. 5. Public Hearing: Reson.ing reqaest, ZOA, by North Air Home , Association: Continued by Planning Commission. Council referred item back to Planning Commission for recommendations, no action. � 6. SpeciaZ use permit, SP #72-Z9, by Frank GabreZcik: ' Tabled until a signed agreement is obtained from Mr. Gabrelcik to clean up area. Concurred with five stipulations of PZanning Commission. 7. Vacatian request: SAV #73-03, By Lawrence Muggli: Mr. Muggli said he concurred with the PZanning Commission and added this was basically a request for some st�,pu.Zations on the Iand. Council concurred with the recommendation of denial bz� the Pla.nning Commission. Feasibility report on the seven stipulations to be prepared. 8. Lot split request: L. 5. #73-03, Amber construction Company: Concurred with Planning Commission and approved. 9. I,ot split request: L. S. #73-04, b� Dennis C. Czech: Concurred with Planning Commission and approved. 10. Armory referral: Received. No action. 1I. Review of minutes on ZOA #72-18, Union Oil Company. Received. No action. 12. Letters from Metropolitan Council; Received. No action. 1�INUTES RECEIVED 7 � FRIDLEY CITY COUNCIL, MARCH 19, 1973 PAGE 4. ITEM NUMBER & NEW BUSINESS,(Continued) PAGE NUMBERS Receiving the Minutes of the Building Standards - . . . . . . . . . . 8 - 8 E Design Control Meeting of March 8, 1973 ' 1. Request to approve an addition to the present structure ` of North Air Home, 6833 Highway 65 N. E., also known as Knights of Columbus: PZanning Commission to make recommendations. 2. Request to construct a building to he used as a machine shop _ by Toolkraft Inc., on 7500 commerce Lane N. E.: Concurred with Building Standards Design Control Subcommittee � fo approve with stipulations. MINUTES RECEIVED ' Receiving the Minutes of the Board of Appeals . . . . . . . . . . . . . . 9 - 9 A Meeting of March 13, 1973 3. Request for variance to reduce front yard set back from 35 feet to 31 feet to a11ow the construction of an addition to an existing structure, by Mr. Donald Kisslinger, 5215 Lincoln Street: Concurred with Bc�ard of Appeals Subcommittee and approved the variance request. MINUTES RECEZVED. � Receiving the Minutes of the Parks and Recreation. .,.,...,,. 10 - 10 A IMeeting of February 26, 1973 MINUTE5 RECEIVED. ' � � � Receiving the Minutes of the CATV Commission Meeting of February 5, 1973 MINUTES RECEIVED. . . . . . . 11 - 11 A _. ' • . - FRIDLEY CITY COUNCIL, MARCH 19, 1973 PAGE 5 ' ITEM NUMBER & I NEW BUSINESS (Continued) PAGE NUMBERS � ' Receiving the Minutes of the CATV Commission Meeting .......... 12 - 12 F of March 5, 1973, and Receiving Bylaws of the Cable � Television Commission Minutsreei e. B1as rv , e c v d y w app o ed. , , � Receiving the Minutes of the North Park Committee. . . . . . . . . . . . I3 - 13 A Meeting of Marc[� 8, 1973 � Minutes Received. ," : ' Consideration of Request of Mr. Henry T. Melcher for. ..........14 - 14 D , Reimbursement Costs for Replacement of Bushes Claim to be submitted to insurance carrier and matter � re�urned to Council for further activn if needed. 1 ' Receiving Bids - Cash Registers for Liquor Stores. . . . . . . . . . . . 15 - 15 A (Bids Opened 11:30 A.M., March 16, 19.73) � Bids received. Contract Awarded to National Gash Register in amount of $I9,774.32 with delivery in four months � or sooner. , I � _ _ __._ �. � ' ' ' , , LJ ' ' 1 � , ' FRIDLEY CITY COUNCIL, MARCH 19, 1973 PAGE 6 , ITEM NUMBER & NEW BUSINESS (Continued) �" PAGE NUMBERS Receiving Bids - ^••~-'^�- •'--�r*- � - - � far Liquor. . . . . . . . , , Store (Bids Opened 11:30 A. M., March 15, 1J73) Chanqed to furnishings. TabZed. Councilman Nee to investigate reason for no response from other possible bidders. 16 � �� � ' � Discussion Regarding Report on Locke Lake by City, ,. ,,,,,,,, 17 - 17 B Attorney (Report Received at Meeting of February 26, 1973) Report to be submitted to members of the Lock Lake Association. County Commissioners to work with City to provide solution. Possibility of extended ownership of land rather than trying to close the Iake with a survey to be considered. Possibility of Locke Lake Association acquiring remainder of Iake bottem to be considered. City Engineer to meet with sarveyor and bring back recommendations. No action to be taken until the Lock Lake Association reaches a decision. Receiving Status Report on Stonybrook Creek Erosion, ,,,,,, Control (Project ��102-2) Authorized to proceed up to $22,000 alloted amount and after thas time a permanent solution wi11 be considered. . . . 18 , Receiving Report and Recommendation oa CapitoZ Street, ,,,,,,,,, 19 - 19 B Sewer Problems (ST. 1973-1) � � ' �J Report received. Street deleted from street improvement project. Sewer repairs to be made. R�sults to be studied after one year. If further action is necessar,y, sma11 ejection pumps wi11 be installed in the three ho.mes that are experiencing problems. FRIDLEY CITY COUNCIL, MARCH 19, 1973 PAGE 7 ITEM NUMBER & NEW BUSINESS (Continued) PAGE NUMBERS Consideration of Landscaping Plan for Holiday Village North. ...... 20 . Tabled. Receiving Report on Status of the SAG Lawsuit . . . . . . . . . . . . . . 21 - 21 E Report received. Receiving Report on Weed Program for 1973 . . . . . . . . . . . . . . . . 22 - 22 A Report received. Concurred with recommendation from administration for program for 1973. Receiving Report on Actions Taken After the Study. ........... 23 - 23 E Session on East River Road Along with Report of Some Previous Actions Taken by the City Council Report received. Consideration of Resolution Approving Advertisements for. ....... 24 $ids - EOC and Police Department Remodeling Resolution #37-1973 adopted. �� FRIDLEY CITY COUNCIL, MARCH 19, 1973 pA� 8 ITEM NUMBER & NEW BUSINESS (Continued) PAGE NUMBERS Consideration of a Resolution Ordering Preliminary. . . . . . . . . . . 25 Plans, Specifications and Estimates of the Costs Thereof; Sanitary Sewer Improvement Project ��113 Resolution #38-1973 adopted. Receiving a Report on a Proposal for the Metro Rate. ......... Authority Report Received. 2b . Appointments to the Environmen�al Quality Commission. ......... 27 - 27 A Robert L. Buckley, Chairman, 54 Locke Lake Road - 3 years. Ronald F. Burton, 741 Pandora Drive, - 1 year. ShirZey Kennedy, 6875 7th St., - 2 years. Thomas Su1.Zivan, 1350 Gardena, - 1 year. Roqer Kay, 585 Rice Creek Terrace, - 3 years Jim Langenfelt, 79 63� Way N. E., 2 years. Mrs. Charles Martin, 133 5tonybrook Way N. E., 3 years Appointed. Appointment: City Employee . . . . . . . . . . . . . . . . . . . . . . . 28 Approved. Fredrick Prom, 758 Hillrest Manor; Juniar Accountant, effective March 2I, 1973. � ! - , ' � ' ' i ' �� FRIDLEY CITY COUNCIL, MARCH 19, 1973 PAGE 9 ITEM NUMBER & NEW BUSINESS (Continued) PAGE NUNIBERS Claims . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 APproved. - �/' Z � �� � Z9 Licenses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 Approved. Estimates . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3Z "�;/-l� 31 Approved. ��i RECEIVING PETITION FOR REPAVING AND IN5TALLATION OF CURBING FOR STARLITE 3�``L BLVD. FROM 615t TO SYLVAN LANE N. E. �L Petition received. Specit'ications to be prepared. 3� �'L COMMUNC7ATIONS: Coon Rapids Citq Manager: Legislative Liaison, , , , , , , , , , , , , 32 - 32 B Communi�ation from J. K. Cottinghom, Cit� Manager, Coon Rapids, dated March 15, 1973, regarding Coon Rapid's decision to not execute y L agreement fox Legislative liaison, Received. ��.� Communication from David Kennedy, Legislative Liaison, 3-6-73, Received. �j G. Ma�c Whitehead to City Attorney: Chies Brothers. ......... 33 eorr¢nunication from Mare Whitehead, dated March 13, Z973, regarding purchase of bond for $2,500, received. City Attorney authorized to accept offer of #2,500. Fridley Police Pension Association, dated March �.9, 1973, regarding � rescinding letter of intent sent to Council March 9, 1973 and 3 stating no action wi.Z1 he taken by the Association until the legislature has adjourned in May of 1973. Received. Jo?nt services of We.,ver, Tal1e and Herrick and Smith� Juster, Feikema, :iaskvitz and Casserly authorized to research 1ega1 aspects and foxmL.Iate some recommenda�tions for possibZe soZutions of the current Fridley Police Pension Association delema and to repor� back to the Council at such time they come up with any a.Zternative which may reach agreement, City Attorney to investigate 1ega1 aspects ur.der the City Charter of Mayor Lieb1 en�ering into negotiations with members of the Associat.ion ar.d report back to Council ' - . ' FRIDLEY CITY GOUNCIL, MARCH 19, 1973 Page 10 � GOMMUNICATIONS CONTlNUED: � r 3 S1 � ' Communication from Wyman Smith, dated March 16, 1973, zegardinq District ,3 Court Lawsuit - John H. Glover, .inv. vs. City of Columbia Heights and City of Fridley, District Court Fi1e 28615 - 456I. ; ' Received. . Request from Eldon Schmedeke to investigate and take some action on non-licensed persons selling used autos in Fridley. Report being prepared by City Attorney. Councilman Utter investigating matter. ' Communication - Sample letter prepared by John l�iillin, Barton-Ashman �` ' Associates, Inc., 1821 University Avenue, 5t. Pau.Z, suggested to be submitted to Ray Lappegaard, Correnissioners of Highways reqardinq Mississippi underpass. Receive�� approved and authorized to be sent. ' ' . ADJOURNED: I2:04 a.m. � _J � ' ' ' �� 1 � ' I ' ' , ' � ' � ' � ' � ' I � PUB!.g� �``��RING MEETING OF THE CITY FRIDLEY CITY COUNCIL - FEBRUARY 12, 1973 The PubliC Hearing Meeting of the Fridley �ity Council was called to order at 7:34 p,m., F�bruary 12, 1973, bY Mayo�' Lieb1, PLEQGE OF ALLEGIANCE: Mayor �,iebl lad the Council and the Audien�e in saying the Pledge of Allegiance to the Flag. ROLL CALL: MEMBERS PRESENT: Nee, Breider, Starwalt, Liebl, Utter. MfMBERS ABSENT: Nane ADpF'TION OF AGENDA: Added to Agenda; Mike 0"Bannon, p roposal for City to receive Park land in lieu of sewer Assessment. (tem number 13 on agenda. MOTION by Councilman Nee to adopt the agenda as amended. Seconded by Council- man Utter. Upon a voice vote, all voting aye, Mayor Libel declared the motion carried unanimously. MPANY. GENE ED FINAL PLAT P. S. #7�- ERSITY AVENUE N.E.: Mayor Liebl called on the City Engineer to present the proposed fin�l plat, The City Engineer said there is a servi•ce station on the west portion af the property and a sma11 shopping cente'r on the east portion. Me added, the Planning Commission had recommended approval of tMe final plat. Mayor Liebl asked if there were any questians or comments by the members of the Gouncil, There was no response. Mayor Liebl ask�d if there were any questions or comments from those in the audience. There were no comments. MOTION by Councilman Breider to close the Public Hearing on the proposed final plat P.�. #72-08. Seconded by Councilman Utter, Upon a voice vote, all voting ; aye, Mayor Liebl declared the Public M�ering ciosed at 7:40 p.m. PUBLIG MEARING ON REZONING RE,QUEST ZOA #7�-13 BY CITY OF FRIDLEY: PART OF OUTLOT H GENERALIY LOCATED ON THE NORTH SIDE OF I. 694 AND 800' WEST OF THE EAST CITY LIMITS, TO B� REZONED FROM R-3A TO C-2S: ?I�D • . ��. PUBLIC HEARING ON A SPECIAL USE PERMIT SP #72-�Q, BY THE CITY OF FRIDLEY; a TO PERMIT INSTALLATION OF AN ADVERTISING SIGN IN A C-2S RISTRICT TO BE LOCA- TED ON OUTLOT M INNSBRUCK NOR1`H GENERALLY LOCAT�D ON THE NORTH SIDE OF I, 6„�4 AND $QO' WEST OF THE EAST GITY LIMITS: � J " MQTION by Councilman Utter to waive the reading�af the Public H�aring Notice. ` Seconded by Councilman Starwalt. Upon a voic� vote, ali voting aye, Mayor Liebl declared the motion Garried unanimously. � PUSI.IC H�ARING MEETING OF F�BRUARY 12, 1973 PAGE 2 Mayor l.iebl �alled on [he �ity En�ineer to present an explanat�on of �he prQ- posed action. Ths City Engineer said the request is to canstruct a 51gn wMich wauld be two �ided, th� Clty of Fridley using one side t� wei�ome persons to Fridl�y, �nd N��g1� 5igt� �ompany using the other side, The Gity Engi�eer said th� Planning Commission had recammended denia) of bcath the rezoning and the �onstructior� of the sign. Councilman $tarwal� said he had heard there wers obj�ctians to the ccanstruc� tion of such a sign by the prop�rty owners. H� said he did have some questian� Wpuld the sign be a lighted sigM7 Would it be an advertising sign? He had h�ard it was to b� a welcome to Frtdley sign. He said he had many phone calls obje�ting to the sign i� a residential area. F{e added, not many of the callers were aware the Rlann�ng Commission had recommended denial of the proposal. He added, wh�n the plan was originally discussed Me di�i not think they would be COnsXr'UGtfMg d ten by fo�urteen foox li�hted sign, Me $aid the Ordinan�es do nQt �llow construction of an advertising sign in a residential area and the people are a�ainst the constructfc►n. Gouncilman Utt�r said he had reGeiv�d a call from zh� hameown�r directly be- hind the proposed construction sit�. He sald if the sign wer� ligh�ed, the )ights wQUld shine right into thsir bedroom windows, He said the people were also ccancerned with the sic�n creating a barrier with the sound from I fa��t being reflecfied into the area. He safd if th� d�veloper used one sida of the sign and the City used the other, this mi�ht give them a foot hold far asking for �dditional signs, Mr. Roger p. BiQhm, 1605 Berne Rd., Fridley, representing the (nnsbruck South Homeowner�, said the presldent o� th� organizatlQn was unable to attend the Council meetiny, and he would like to represent the group. He said the pr�anization had reached an agreement concerning the proposal and they wer� against the cons�ructlon. He said, they would not object to a small sign welcoming people to �ridley, but were notin favor of a ten by fourte�n foat sign, Iie mentiQned Ch� current F�d�ra{ a�tion ta try and controll the num� bsr oF billboards, h� added, action su�h as this would tend to allow a resi- dential area to become eommercial, He said, he had not been notified of the pr�pos�d action, that he had found out abput the hearing by accident the past week�nd, Mayctr Liebl stated th� purpose of khe hear+ng was to find out what tMe p�ople in �h� ar�:a want, he added, the re�ord will state the Home Owners Associatfon caf � nn�b ruck South oppe�se th i� p 1 an , Mr. Eldon Schmedeke, planning Commisslon, �aid th� m�mbers of the Planning Cammi�siQn vat�d three tca two obje�ting to this proposal, He �aid he would 1(k� �o �tate sQme caf the reasons fvr thelr action. H� said the proposa) �tat�s that 3QC1 square feet are to be rezoned to commercial, and the �ity rer qui�es 20,QOQ square feet for � minimum commereial sit�., He ��id, it i� only �Q� f�e� from residential property, this is also contrary tq the ordinanc�s, M� m�nt�oned the park land abutting the proposed sign, �tating, he did not be, lieve it would beautify the park area. He �aid the residents in the area would be fQrc�d tc� pass and look at th� sign every day and xhos� in the Community wQuld only pa�s the sjgn on e�ceasion. He sa�d there are othersin th� �ity who , ' ' ' L. l ' L__I � � � � , , ' C ' ' � ' PUBI,IC HEARING M�ETING OF FEBRUARY 12, 1973 PAGE 3 ' may wish to Gonstruct signs and commerclal buildings on forty foot lots, and ' if_.this propasa) is approved, it would be difficult to deny others the same right. H� said he had not been speaking fc�r the rest�of the members qf the Planning Gommission. � ' ' ' � 1 ' � � � ' '. Mayor l.iebl aSksd the �ity �ng�ne�r if �her� had been some change in the State Cod�. Th� Cfty �ngineer said yes, the new regulations state that signs must be constructed on ind4strial or commerc�al praperty. Mr. Schmedeke said befor� the new regulations w�re passed, the City wauld have been ab)e to con- struct tha sign without rezoning, The City Engineer agreed, this would have been possible in the past. Mr, R. B. Redmond, 62Q8 70 Avenue N. Minneapolis, 5�429, stated he was repre- senting the developer, Viewcon, and he was aware of the change in the state regulatian, He Seid they would like to construct this sign, and Viewcon had �greed with Naegele to use pne side of the sign to advertise, He said the si,gn would be perpendicular to the freeway and he questi.oned whether it would throw any additional noise ta�the sauth side of the freeway, Gouncilman Starwalt asked if the people in the area within 300 feet of the sign h�d been notified of the Public Hearing. The �ity Engineer said all those wikhin the 30Q foot of the proposed property had bean notified. A member of thE audien�e who said sMe was a resident of the area asked how many people were notified. Mayor Liebl said there was only one owner on one side, and that is Viewcon. He added or� the other side is the freeway, l 69�, he added he did nat believe ther�: were any other prople involved. The resident repeated h�r question and asked i� any one lived within the 30Q foot area? Mayor Lieb) askesd the City Engineer how many people live within the 300 foot area and how many people wer� notified? The Gity Engineer �aid there are homes on the south 5ide of the freeway that are within 300 feet of the proposed sign. He said there w�re a total of flv� p�ople on the south side of the freeway and the devesloper a�d his bank. TMe City �ngineer read the names of those notified. Mr. Geor�a Pagnucco, 152� Berne Rd., Fridley, said he believed there were other c�onsiderations in this matter. He said the area people had purchased land because Qf the wooded view, the eanstruction of th� sign would detract from this view and bring down the yalue of their pr-aperty. He stated there i� a)ready c�ne sign in the ar�a. Mayor L,iebl said the reason for the hearing was tQ determfne if th�re were any ob�jecti.ons t4 khe construction of a sign similar to the signs on Univ�rsity and East River Road, Mayor �iebl asked if ther� w�re any more persons wi�hing to comment, Th�re was no response. MOTION by Gouncilman Utter to �lose the Pub1iG Hearing, Seconded by Councilman; N�e. Upan a voice vote, al! voting aye, Mayor, liebl declared the motion �arried unanimously, and the Public tiearing closed at 7;5�. FUBLIG M€ARING REQUEST ON A VACATION REQUEST 72-0�� NORTHWESTERN BELL T�LE- PHONE GOMPANY, TO VACATE NORTH/SOUTH ALLEY IN BLQCK 11 HYDE PARK ADDITION: � ' � PUBLIC HEARING MEETING, FEBRUARY l�, 1973 RECEIVING �OMMUNICATION FROM_NORTHERN STATES PQWER COMPANY: PAGE 4 M()TION by Gouncilman Utter �o waiye �he reading of the Public Hearing Notice, Secondad by Councilman Starwalt, Upon a voice vote, all voting aye, Mayor Liebl de�lared tM� motion carried unanimously. The City E�►gine�r �aid th� p►'Aperty is betweE:n 59th and 60th streets and 2', �nd jrd �treets in Hyde Park, He said the Planning Gommission recommended �pproval of the vacation if it were to include only the property under the control of Northwestern Bel1 Telephone Company. He referred to the map in the agenda indicating the preliminary layout of the p�oposed building by Norkhwestern 5�11 T�lephone Gompany. The �it.y Engineer said the Engineering Department had received a letter from Northern States Power Company stating they had no qbjeetions to the vacation of thf alley as long as a permanent easem�nt is granted on bo�h the north and south sides of the property enabling them to serve their existing customers without relocating their present facili- ties. MOTION by Councilman Breider to receive the r.ommunieations from Northern States Power Company and Northwestern Bell Te�lephone CQmpany. Seconded by Councilman Utter. Upon a voice vote, atl vot:ing aye, Mayor Liebl de+clared the motion carried unanimously. Mayor l.iebl asked the City Engineer if accor�ling to the preliminary building proposal, the vacations would be mandatory to comply with the Ordinanc�. The City Engine�r sald th�y weneand if they were to build the proposed 20Q,000 squere fooi building, they must vacate the alley to eomply with the s�t baek regulations. Councilman Nee asked if the n�rthwPSt corner of the block would be marketable as commercial pr4perty: He said the resident:s of the area questioned the direction the building would be facing and tf�e access that wauld be used, he added there was concern at increased use of t.he streets. F{e asked Pf the persons in th� area wishing to add to or eonstruc� hvmes in the area in ths future would be allowed to do so with the prE;sent zoning. Councilman �reider said they would be allowed to build on th� luts, but they must be notified that the land is commercial, Mayor Li�bl asked ifi there would be any variances in tha block, and would any of the neighbor's view� be blpeked? said the set bacl�s are uniform. I'�J ' , � ' ' � LJ I' L� ' � � u frontset back on the � The City Engineer CounCilman Nee said the peopl� of the area Sald they wcauld like some expre�siQn, from the�Council whethcr or npt the remainin� 14ts in th� blo�k shou1d be zoned R-3, He said they wer� concerned at,wh�ther pr not they would be able ta finance th� land thrQUgh FHA if it i� zoned �camm�r�ial, Cquncilman Nee said they beli�;ved the presenX zcaning was �limina�ing the pos�ibility of buying �nd sellinc� resid�ntial property, ' ' � , � �� ' ` PUBLIG HEARING MEETING OF FESRUARY 12, 1973 � PAGE 5 ' Mayor Lieb1 said 99% of the people in the area had signed a petition request- inc� the area be zon�d eammercial, He added, there are some empty lots in the area and same older Mom�s. He said the people are trying to develop the area. He add�d, th�r� is a 2Q,Q00 square faot requirement fpr cammercial lots. He , sald this r�quireme�t i� enforced throughou� Frldley. L� �I ' , � IJ ' � ' , � � �� i� ' Mr. L, A, Muggli� ,��2$ pupAn� AVe, S., Minneapolis, said he was involved in the matter a� he awned sam� land at tha end of the bioek. Mr. Muggli asked Councilman UXter if he was aware that one of the homes in the block did not have a basement. Mr�, ,lensen said Mr. Mugglj was talkin� abaut their home . M r. Muggll 1lst�d a number of qbjeGts Chat are currently occu- pying the alley such as garbage cans, trailers, and a disposal bunker. He said the alley is not Qpen now. Me stated he had friends in the area wha had na ob�action to the entire a11ey beiny closed� but �hose who are objec�ing to • tf�e closing of the alley are the ane� who have ft clQSed at the present time, Mr. Muggli said he had made three trips thrq�gh the area in the past few days, and assurcd �he Council that there is no op�n alley. . Mayor �iebl asked Mr. Muggli if he was in favor of the vacation? Mr. Muggli said he was in favor of vacating the entire altey, not just one portion, leaving two short seckions of a]ley. The Gity �ngineer said the Qniy portion of the alley being used is that por- tion that i� used for the apa�rtment access to the parking lot the rest of the alley is completely closed, f�n�ed, and impassible, Mr. Muggli asked if it was Glased le�ally? Mayor Lieb1 said it is platted or City property, and it Is not clos�cJ. He ask�d Mr. Muc�gli if he was opposed to the vacation of the all�y owned by the '[elephone �pmpany. Mr. Muggll said he was not opposed. Mr. Alan Jensen, said he would like to clarify what Mr. Muggli was talking about. Me said�h� did nat b�;li�ve the Telephane Company should construct a building in the middl� pf the block. Mc� believed they should start at one �nd pr another. He said he wauld not be oppased i� they built on the end of the block. He said the p1ar� would leave them two alternative�, pne; Sel1 � �heir property as commer�ial; and two, to s�:ll as residential, Ha said they have no guarantee that they can �e11 fQr r�sidential because �hey do nat know ifi they can finance through FMA or GI in � eommercial �rea for a residential property. Fi� said h�e is faced with a problem, hi� hame may becom� too small for his family, should he �ell rar expand? Mr. ;lensen said hs could not afford ta sell the hQme at a 1os; or wlth zero prcafi� only beGause he is boxed in by comm�r- cial dev�lopm�nt, He add�d, two of the property owners in th� area have been approach�d by Northwestern 8�#1 and th� T�lephone Company has options to buy their land. Another home owner has been approached and has been asked to �on- sider selling to them if they do decide to sell, He said he hoped the Ctty would not allow anyone ta ge� squeezed in at th� end of the block. He said it may �nd up ta be two apartments and one hom� at the end of the block. PUBLIC HEARING MEETING OF FEBRUARY 12, 1�73 PAG£ 6 Mayor �.ei�bl asked when Mr, Jensen had purchased the four plex? Mr. Jensen said he did not own a faur plex, his home was a single family dweiling. He added, he had purchased the home from Mr, and Mrs. $trand. Mayor l.iebl asked if at the time of pur�hase he was told that the property was zoned commercial? Mr. ,�ensen said they did not know it was commercial. He �aid they had obtained an FHA loan and there was a title search at that t�me and nothing was ever mentianed or found out about fihe rezoning, He said this was in April of 197Q. Mr, Jensen added some months leter someone knocked on the door and told him he had cammercial pfoperty. Mayor Liebl asked the Gity �ngineer what date the rezoni,ng had been approved. The Gity �ngineer said he could not recall an exact date as the matter had been discussed far �o many years, ; Mrs. J�nsen stated the date was May �t, 1970. She added, FHA was very explicit in saying they would not guarantee a loan in commercial property. She said they nad confronted FHA asking why they had not discovered the zoning before they apprpved the loan on the property. They said they had looked into it, but had not discovered the change. Mr. ,lensen stated he opposed the plans proposed by Northwestern Bell because of th� site and this was the only reason. Mayor Liebl said the land ls zon�d and this can not be changed at the present time. Mayor Liebl said the Jensen's would not object if Northwestern Bell were to purchase their property. Mr. ,lensen said they should work with the rest of the property owners to ses that no individual gets squeezed out of the development of the area, Mayor Liebl said this is the reason the commercial building must face 3rd $treet, the City wanted to make certain there would be a buffer zone between R-3 and the Commereial property. He added it may be that in the future some- one will construct a high rise in that area, this wouid be beneficial to the community. H� said, if the building were to face 22 Street, it would destroy the entlre effect of the ordinance, He said the C�ty can not force the Tele- phone Company to make some agreement with Che Jensen's. If the Company ex- pands in that direction, they would negotiate at that time. He said at the present time, the anly item thet needs approva) is the matter of the vacation. Mr. JEnsen said the Mayor had mentioned a buffer zone, was this the same as a�et back, he asked. Mayor Liebl said in a residential area the set back is 35 feet from the curb. Me continued, in commercial property the City requires the same amount of area and parking facilities, as youhave in a commerciat area he said to Mr. J�nsen, this app1ies to your area, Mayor Liebl mentioned there are some elde�ly citizens in that area and they are willing to sell. H� 5aid, he was now talking on a big scale, or about a developer who would be abie to buy a great deal of Hyde Park, He added, this was the reason for the ori- ginal rezoning request. ' � � �! � ' � � L , > � lI O � , � II , ' � , � j , � � , � �1 � PUBL,IC HEARING M�ETING OF F�BRUARY 12, 1973 � PAGE 7 Councilman iJtter asked if th�re wore a possibil(ty of the Tel�phane Company acquiring more land in tho araa? Mr. pokken� of Northwestern B�il Talephone GompanyR sald thera �is a defin�ta possibiltty that they may want to �cqulre mores land in the n�xt fifty ta seventy-five y�sar�� but at the� present time, tha Cpmpany has acquired enough land to adequately proyide for the bullding and any axpansian, H� said ha was unable ta aay whether or not they would want mor� prop�;rty in tha futura. He sald they did not have any options on th� prop�rty in th� area,.he said.they had th� flrst refusal on one home and th�y h�v� x�lked to twa other parties stating if th8y se11 their land, the fi�lephones Company would like to bid on ft. H� said if any other home owners in the ar�a wauld lfke to sel) in th� future, the T�l�phone Company would look v�ry hard at the proposal. Mayor Liebl asked if the p�opl� would receive a commer�,la1 price for their prapsrty. The Telephone Company representattva saPd they would pay more than ths resid�nttal a�ount. Mayor l,iebl asked tf when th�y purchase lots with houses on them, would Lh�y Gon�id�r the� fact+tizat the land did have a house �� it aod pay mare for it. The R�presentative Sald they had paid mor� for th� homes than they were warth. t"'i�:.• �►.olckerr �aid the building would be thexe� fax qui�e a iew years, but . t.hay wau].d nat rapidl� reach their capacit� in spaQe, there would be limitsd ex,pa��ion. � �laypr �,iebl said it had ta�isen twa year9 to rexone the area to aaa�aeraial. He said �he�a ware� ob j eationa ta ��pgra►di.ag the are�a► by the pxopexty owr�ers , He �aid, the plana would not bs e#f'aa�ive ia�edia�e].y, �.t would tak� �oa�s y�sara 'kc< d��slop �he axea. Hs said, �hey weze in �a po�i�ior� whexs th�x muet ea�aras the� �4ning resitriatio�,s s�t bX previaus Council member�s. He aidded, he did not see much chance for �uturs COUriG�,1S changing the zonir�q of the a��a. ' M�i�ox I�ieb�, a�k�d Mr. Do�cicen i� the '��].e�hone C�a�any cauld giv� the proper�y ow�er� �some ds�urance �tha�� they wau1�1 �zan�idsr purahasing their land in th� future, Mr. Dolsket� �t�,id there �nay be a�o�sib�.lity, but h� wa�a a�n emploxee . ancl aould not �ay �cax aure � Mr . Dokken said the Company ' i wa� in�.eze��sQ, in having enou�h propezty ian the axe�, to take care of ti�e �xpau��ian. He amid �khia would b� a large iavestmen� in buildinqs and �taiteriala. . � � � LJ Mayor L.iebl asksd �f �i� waa the �xesaz�t �la�R l�r. Aokken said �t wats. He mon'�ioned thsre was just A hand fu11 cf empi�a�►es� to be employsd At ti'►s� sw�tahin� atation, and thexe was no need �o� a large parking lot. Mayor L�,�� asked i! Mr. Peka wna gzesent at the me�etinq. There was x�o•rea�ons�, Mx, Dokken of the Telepho�e Cc�npanX said Mr. Peka would r►o ],on��x be vancerned about the i�eus ae the,Talephone Companx had purcha�ed his �roperty, Couna�lman Starwal� �aid h� wauld like to alert tb� �asaple at the area not �4 locak foar �am� kind aP la�'qe propert�+ +aettlement. � Mayar T.i�1a� aaid it wouid ba po�afble ioz t.i�� zema��.ning propexty owner� ��� fihe A►�e� to co�b�.ne their lots a�nd reGeiv� Vdx'i+�aCQB on the property saae 'k.�A1� �.11 ��A �u�u�'e , • � . �. PUBLIC HEARING MEETZNG OF FEBRUARX 12, 1973 Page 8 `� MOTION by Ccuncilman Starwalt tv close the Public Hgarinq, g@QQnded by Cauncilman Utter. Upon a voice vots, a11 voting aye, Mayor Liebl declared the motion carried unanimously and the Public Hearing closed . at 9:08 p.m. PUBLTC HEARING QN SANITARY SEWER WiATER AND STpgM $EWER ZMpgpVEMENT F'RAJECT #112s MOTION by Councilm�an Hreider to waive the reading of th� 8ublic I3earing Notice. Seconded by Councilman Utter. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carr�.ed unanimously. Mayor I,iebl queationed if the proposed sto�m sewer would be adequate for the ultiatate needa of the area in thQ £utuxe? The Gity Enqineer said the plan met the �tandards of the past Counail's, and he felt it was more than adequate to take care of the run aff of the area. Mayor Liabl queati.oned the variations in the aize pipe being used saying, he did not underst�nd why it started ax �1 inches �nd continued down to 1B, 15, and 12 inches. The City Er�gin�er said the $iza had been incxeased to handle the addi:Eional back up ponding water. Mayor Li�bl aqain questioned t,lhhether �his would be a permanent system, He asked, what would happen to th�, water that has besn directed inta the pond, would it evaporate7 The City Engineez explained the reason �or the panding as an attempt to create ponding and maintain the a7.1 around beauty of the a�rea. He added, a certain amount o� precipitation would be directed into New Brighton. Mayor �,iebl said he was aoncexned because of the geological ra�ge af th� area, would the people be assesaed again aome time ia the future? He asked, would the projeat take care of the area for the r�ext fifty ysars? The City Engineer said there woubd be a possible double a�aessment if the presently planned pcnding system wa� ane that was not wanted by the people in the azea in �he future. He ass�ur�� th� Counail that all tho�e purahasing property had ��en the maps of the area witka th� ponding and natural wooded terrain, he did not believe there wc,uld be a cha�nge in th� kind of area that was desired. MaXor L,��l asked if there would be m laqal groblem �f thexe were dauble asssssm�nts? The �ity Attorney said there wQU1d be no legal problem, but t,here max be a political problem. �'he City Attaxney ask�d if the Deve,lopax wouid be p�yinq all the cost of tho �seesament�a? The CitX Engiaeer said a� ths gresent time he own� all of t�e pxop�xty. �he City Attarney aaid thare ie no quarantee t11at he will pay all of the asses�mente. Th� Gity Engiz�eez said the developer m�y Pay a�. �he pres�nt time, but the cost waulcl be c�ivided between the individual pzc�perty owners. �'he �ity Financs DirectQr said �khis was true. The Mayor aaked if �.t would be paasibls ta a�sssss t.he �.ndividuals again? Tha C�,ty A�tornex said iP a de£inite neod �or th� pra�act would be ahowr� and the people would benefit, i� could bs dcr�es. Mayor i,iek�1 suggest�d thers may be a s�orcny �ity Hall if the peopie ar� a�+�eo�ed twice'for the same project, '�h� M�yer s�res�ed, tixe Gity should no� �aseas the people anc#t�}er �apQ.P� �.x� twq yeara, ' ' � ' � �J � ' , PUBLIC HEARING MEETING OF FEBRUARY 12, 1973 Page 9 The City Attorney said it would be �assible to put some type of label cn tlne assessment such as an interim assessment. The MaXor said the Engineering department and staff should znake this a�aatter of record. Councilman Utter stressed tha� some peop],e may not like the gondinq areas. He mentioned a man he knew that put in his own sewer and the City assessed him �'or it. He asked if this would be done in this area eventually. The City Engineer said it would be diffiault for one Council to foresee what another Council is going to do. Mayor Liebl asked if the pondinq portion of the area was zonec3 R-3 or R-1? The City Engineer pointed the areas out on a maF showing the pondinq areas� as beinq in both types of zoning. C�ouncilman Starwalt stressed the need to inform the people of the concept being used and if they want a change ten years from now, what it wquld involve. Councilman Brei�er said the lake is in existance at the present time. He �sked the City Engineer if there are any lots abutting the lake at the present time, The City Engineer said there were, I Mayor Liebl listed the various assessment charges for each individual in the area, stating they may pay as much as $2,600.00. He said if the City would assess them again in Eive years, there would be trou}ale.. � , • � � ' ' � ' Councilman Breider said the peo�le in the area would be aware o£ the ponding and would want to purchase land in such an area. He said if they do enjoX this type of area they Would have to keep �he aewex' system as it is now being planned. He added, this is what the people of the area want. Counc3l.man Starwalt said some people have very short memories and they may forqet sometime in the future that this was ncat a full system. Councilman Breider asked Councilman starwalt if he wa5 in favor of a closed storm sewer system. Councilman Sta�walt said no. The City Enqineer said al1 the sales offices show the.ponding areas. An individual could not come bacic and say he did not like the area, as it is showr� this way on all the ma�s. ,A representative from Viewcon said there is a$1,2p0.Op to $1,500.00 ;p�remium on the lots which abut the pondinc� 2�reas. MayQr Liebl said :the City had issued a bui.ldinc� permit to t,he developer and the area �should be developed and th�re should be an adequate amount of money set #a$ide for the project. After the dev�loper has completed his work `in the area, said Mayor Liebl, he will move on and the City will bear� the brunt Qf the problem. The Viewcon Rep�esentative said the single �'�amily lots are without assessments becausQ th�y da not know the amount of t,he assessment and the mor�ey wa� put inta escrow. � . Councilrnan Nee asked the posaibi°�ity of New �rigk�ton same day beinq z�spon�ible ta the City of �'ridl�ey. He said, co�ld it be determined that one area would be in one part o£ the system and sinoth,er in a�nother area. The City Enc�ineer said the City did have aome responsibility to New Bzxghton. F�e added, it would be possibie to cal� part of the system lateral and some Qf it as main in�.erception. , I�ouricil.man Utter �sked if i�, would b� pASaible to check into the minutes o� � previa�ts meeting. He said, he rec�lled there had been a per lot asr�as�ent eat��.ish�d �or t�he ar�a, xhe city �ngineer raid �h�,q wr�s ��p,�, , �, ���.•� ,� � .. , ,a;��;. , , �, ��- .�a�a , �. PUBLIC HEARING ME�TING OF F�BRUARY 12, 1973 £or the Rice Creek Roaci a�ea and another project. Page 10 MOTION by Councilman Breider ta close the Public Hearing. Seconded by Councilman Utter. upon a voice vote, a11 voting aye, Mayor Liebl declared the motion carried unanimously and the Public HeaXing closed at 9:32 p.m. �ONSIAERATION OF AWARDING CONTRACT FOR W#F109 (TABLED FEBRUARY 5, 1973): Mayor I�iebl called on the City Engineer to determine the results of his investiqation on awarding the bid. The City Eng�neer said there had been a great deal ot differenae in the amounts of the bids, he added, they ranged from $6,000 to $18,000 for the project. He said he felt the bid submitted by the 3esse Jatnes Deaorating Company had been low at $6;400, and he wanted to be certain the bidder was competent and vould do tiae work. The City Engineer said he hac� been in contact with the bi8der and, although, he had not done this type of work in the past, the work he had done was reported as competent by thoae who had obtained his services. The City Engineer said he recommended the awarding of the contract to the Jesse 3ames Decorating Company. MOTION by Councilman Breider. to aWard the contract for water iatprovement project #109-A, painting of filtration plant No. 2 to the �'esse F. James pecorating Com�any in the amount of $6,400.00 to be completed within 43 days. Seconded by Councilman Utter. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unani.mously. RESOLUTION #26-1973 - AUTHORIZING ADVERTISEMENT �OR BIDS: SIDEWALK SNOWPLOW (T.ABLED FEBRUARY 5, 1973): Mayor Liebl called.on Councilman Utter to present the results of his investigation on the proposed plow. Councilman Utter said he had chacked with; a few people, some of them employees of the City. He said, if the Council wanted the names o� those peopla he would furnish them. He said one employee in the department where the plow would be used, believed $9,OOQ.00 was out of line for a piece of equipment that would only be used three months of the year. He added, machinery of this tyge would require additional maintenance if it would just sit most of the year. The City Engineer referred to the report in the agenda saying they had also consulted the people involved to ge� relative inputs. He said, the City o� Fridley must first make a decision on whether or nat to continue plowing snow. Secandly, he said, the City o� �'ridley must decide if it wants an efficient snow removal program. He men�ioned several pieces o� equipment have been purchased in the past that are �o0 1ighC to take care of the packec� snow and it bas involved tao many manhours �or the snaw �cemova�l. He said, i.f we are going to plow the sidew�►�lts, it will be necessary to purchase equipment that wi11 da the job. With the present� ec�uipment i� may take as many as two to tY�ree daya tp ciear the City's sevez� miles of sidewalks. The City Engineer said he h�_3 checked with a number oi� Ci�ies and in B�oomington there are 100 milea of sidewalks that are �lowed �n eight hours with the prapo�ed plow, in Burn�vill� the �lawing is done in three hours, and �.r� W2°�ite �ea� Lake, there are 2Q miles a� sidg;walk and it i� done in nine hours. i �� � � ' � , r � ' � �� , , � � � � i ' , � '. ' , � � PUBLIC HEARING MEETING OF FEBRUARY 12, 1973 Page 11 The City Engineer said the plow may be used for digqing, minor excav�tion, alley snow plowing, the clearing of drainaga ditches, and the plowing of parking areas. The City Engineer said Rusty Silseth and Les Chesney had signed a communiaation statinq their views 4n the proposed plow. The City Enqineer said Mr. Silseth as we11 as the street foreman were preaent. Mayor Liebl said, the City must plow the sidewalks as they have agreed to do so. He asked Mr. Silseth if the proposed plow was track driven? Mr. Silseth said it was on a rubber track. Mr. Silssth said with light equipment, they can plow thraugh the month of December without much difficulty. He added, January through the end of the winter month is the problem'time. Mr. Silseth said there is no place to put the accumulated snow. He added, the proposed plow is no miracle machine, if the snow were four feet high, it would not do the job either. He added, he believed with a normal snow fall, this would be a good machine. Councilman Utter said he would likc3 to add a few more words. He said he had talked with Mr. Chesney, and Mr. Chesney had indicated the plow to be too expensive. Councilman Utter said that for the past two years the City had contracted the �now removal from the sidewalks for $400.00 per year. He said for twa years, the project had cost only $800.00, and he could not see putting $9,000,00 into this machine. He said the life expectancy,of the plow was expected to be ten to fifteen years. Cpuncilman Utter asked which of the statements in the communication were made by Mr. Chesney? He said it was impossible to determine which , of the men were for the proposal and which was opposed. He said their are twa signatures and many statements. � � , � , The City Manager said a set amount had been budgeted for a snow plow for the purpose of clearinc� the sidewalks. At this time, he added, the estimates were inaccurate and there has,been a cost escalation. The City Manager said the $6,000.00 in the budget was not what the public warks director had in mind to purchase a plow. He added, the job could not be done as it is presently being done. He said, the public works department would like to complete the job adequately in the least possible time. He added, the present job is not what they would like to see continue, if the Council believes it is adequate, there would be no need to purchase ariy equipment . Councilman Breider asked what was to be done with the high banks of snow? Mr. Olson said they did have a Cub that operates at the top speed pf five miles per hour and it is not able �o plow the snow at this rate of speed. He added, this speed can be obtained on dry pavement, not while plowing. He said, the proposed Bombardier will operate up tp 25 miles per hour enabling it tp move the snow farther from the aidewalks �nd the banks will not build up so high. With a faster m3chine, he said, the snow can be thrown off the plow. ' � Councilman Starwalt asked where the seven miles of sidewalk were.located and que�tioned how it cane about that the City is responsible for the plawing of the si�lewalk�? '�he City Engineer said the City had worked ��.t,,�h, �kh� Sc�oo� Bpard in the areas were th�re �s heavy traffic and the � ehildren must walk to SCh00�. He said at this time tY�q le�gth of sidewalks PUBLIC HEARING MEETING OF FEBRUARY 12, 1973 Page 12 installed is seven miles. He listed some oi the area� as along Osborne Rc�ad and Mississippi Street. He said, at the time this was proposed, there was some opposition from the citi�ens as they would have to plow the side- walks sq the City agreed to take care of the plowing. CAUnca.lman Nee asked if there were a hazard to the children with the increased speed af the proposed plow? Mr. Silseth said they have been doing the plowing around the schools before the children go to school and working on the areas where there are no children the remainder oi the day. Councilman Utter asked if the �low were fast enouqh to throw the snow, what would the City do when the number of people complaining of the snow being thrown up onto their property increased? Will the City be forced to buy shrubery for the people too7 Mr. Olsan said at the present time, the plow movea so slow that the snaw is not removed from the sidewalk, it just follows the plow. Council- man Starwalt asked if the plow could be leased far one year? The City Manaqer said he and the City Engineez had me� with a representative frou� the Company that morning. He said, this is a s�ecialized type pf equipment and it is not the type of equipment that can be leased. He said the manufacturer provides the equipment if ordered. Mayor Liebl said the plow could be uaed on the City ice rinks, and to move dirt, and if it has enough force, it ean be used in two to three other ways. MOTION by Councilman Breider to adopt Resolution #26-�.973 and advertise for bids fo� a sidewalk snow plow. Seconded by Counci�man Nee. Upon a voice vote, Starwalt, Liebl, Nes and Breider voting aye, Utter voting nay, Maxor Liebl declared the motion carried four to one. Councilman Utter said he believed the Council was defeating its own purpose. He said they had spent a great deal of time working on cutting thE: budget and only allowing the sum of $6,000.00 for the plow. He said he believeci it to be ridiculous to deliberately cut the budget down bx $4,000.00 and turn around and spend the total amount anyway. COMMUNTCATIONS REGARDING COMMUNICATTONS FROM MINNESOTA DEPARTMEI�TT OF MILITARY AFFAIRS CONCERNING NATIONAL GUARD UNITS (TABLED FEBRUARY 5, 1973): Mayoz' Liebl said the letter asked Fridley to evaluate the possibility of establishing a Fridley National Guard Unit. Mayor Liebl suqgested the Council refer the item to the Planning Commission for theiz study and recommendations. MOTION by Councilman Starwalt to refer Major Ger�eral Moeglein's lettex and request to the Planninq Commission. Seconded by Coundilman $reider. AMENDMENT TO THE MOTZON mad2 by Councilman Nee that the City Manager c4ntact Major General Moeglein requesting additional information on the s�ze, �ype and location of suitable property for this proposed unit. � 1 �� r ' ' ' ' � � � � , �r � , . , u i � � ' � PUBLIG HEARTNG MEETING OF FEBRUARY 12, 1973 Seaonded by Conncilman Utter. Upon a vaice vote, all voting aye, Mayor Lieb1 declared the motion carried unanimously, UPON A VOICE VOTE, all voting aye, Mayor Li�bl declared the original tt►r�tian carried unanimously. , ' DISCUSSION REGARDING PROPOSAL FOR FRIDLEY VOLUNTEER FIREMEN�S RELIEF ASSOCIP��I ON : Page 13 �he City Manager said a proposal had been submitted to himself and the � Council by the Fridley �iremen's Retirement Plan Association. He said he had met w�th Mr. Rober� Aldrich and member$ of the Association and he was not prepared to reach any conclusions at the present time. The City ' Manager said Mr, Aldrich requested the Council receive the communications «�t the present time. , Mayoac Liebl said tY�ere was a letter stating �he certain changes and listing the costs, also a letter from Stennes and Associates, dated pecember 21, 1973. Mayor Liebl suggested the Council meet with Mr. Aldri.ch and a delegation from the Fire Department and discuss tha ways ' and means of a possible solution. Mayor Lieb1 commendsd the Fire Aepartment as being the most efficient Department financially, adding they provide many services. I_ J , , ' C� ' The City Manaqer said he wauld like to pursue his negotiations with the Penaion Assoiation and if no decision is reached, the Council couTd meet with the members and he wQUld make recommandations to the Council at that time. He suggested negotiations such as set up with �he Police Penai.on Association. MOTION by Councilman Utter to receive the communa.ca�ions. Seconded by Councilman Breider. Upon a vpice vote, all vc�ting aye, MaXar Liebl dealaXed the motion carried unanimously. Mr. Robert Aldrich, Pension Association, addressed the Council. He said the Association was not about to resolve tY�e p�an that niqht, but he asked i� he might present the Council w�.th some additional information. He stated r the plan had been �ompletely fundeci accordinc� to the Guidlines Act of 1969. He said it would be nice to spend six months on the plan, but�ti,me did not allow this as it must be submitted to the legislature as a bill within the present seseion. He said he agreed with Mr. Aavis in that they should have additional meetinge with Mr. Aavis and his staff. � MOfiION by Councilman Breider to authorize the aclministration to meet ' with the Pension Association to•determine a possible plan and return to the Counail with a plan if it is obtained by the first meeting in Marah. Secon$ed by Councilman Nee. ' . � , Mayor Liebl asked the City Manager if it would be possible to pxesent the Counail with a plan by the first meeting in March? The City Manager said it wauld be possible. ' MaXQr Lieb� aaked the Cit� �ttorney if he could prepare the bill to be �uiamitted �.o the legislatur� within a few day� after the Council approval PUBLIC HF'�RING MEETING ��F FEBRUARY 12, 1973 Pa e 14 , � oi the plan. The City Attorney said this wo�ld be possible. UPON A VOICE VOTE, all voting aye, Mayor Liebl declared the motion carried unanimously. REC�IVING ANNUAT� FINANGIAL REPORT OF THE FRIDLEY POLICE PE�TSION ASSOCIATION FOR_TFIE YEAR ENAED DECEMBER 31, 1972: ' MOTION by Councilman Utter to receive the financial report. Seconded by Councilmar� Nee. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. ATSCUSSION ON HOUSE FILE 295 (S.F. 365) AMENDIIVG THE PUBLIC EMPLOYMENT LABOR RELA,TIONS ACT OF 1971: �'aae City Manager said he had met with Burke Raymond on the first heaxing c�f the bi11. He said the past Saturday some of the Councilmen and himself had met with the Legislators of the area and David Kennedy had prepared an alternate bill that was discussed at this time. He said he was not sure all the members of the Council had a chance to review the bill, but there was not much time for delay as the next hearing would be held the next morning. The City Manager said the Act attempted to give public employees the rights given to private employees in the labor relations field. He said the House File 295 tended to give too much ta the puhlic emplayees and their powers of reasoning. He said, 295 does make some changes by strenqthing some points and leaving deficiencies in other areas. Mayor Liebl suggested submitting the alternative bill to the two legislators from the district and asking them ta look at it. The City Manager stated some of the reason� why he bel3eved the House File 295 shouid be subst�tuted by the alternative bill. Mayor Liebl asked the City Manager if he beiieved there would be pitfalls in the House File 295's accaptance? The City Manager said yes, if �he bi11 were adopted and not amended. MOTION by t,'�ouncilman Breider to adopt Resolution #25-1973. Seconded by Gouncilman Utter. Upon a vo��e vote, all voting aye, Mayor Liebl declared the motion carried unanimously. COMMUNI�ATIONS: VILI.AGE OF MOUNDS VIEW: VILI.AGE OF NEW BRIGHTON VS. METROPOLITAN COUNCIL ET AL: The City Attorney said in general he did not believe the Council of Fridley shared the concern with the �ouncil i`rom Mounds Vi.ew. He added, he believed, the City should indicate they are willing to sup,port the position of the Metro Council and provide witnesses, but he did not believe it was necessary to sgend the a.mount o� money that k�ad been stated. . Councilman Breider said he believ�d there is already a great deal of involvement with 1aw suits over the sewer. Ha d�d believe the City should give some support to the Metrp Council in o,�position to �Tew Brighton in the sui:�. Mayar Liebl said he tk�ougi�t this would be in the ]aest interest of the City, bu� k�e di,d �o� want to s,pend �noney on thq pro ject, ' �J � L� , , ' , L� ' ' ' , L.J , r I ' , � , � , ' � ' � � , PUBLIC HEARING MEETING OF FEBRUARY 12, 1973 PaGE )S MOTION by Councilman Breider to a�thorize the City Manager or the Gity Engin�er to serve as witnesses for the Mexro Gauncil in support of their position. Seconded by Councilman Nee, Upon a voice vote, a)1 voting aye, Mayor �iebl declared the motion carried unanimously. H�NNEPIN GOUNTY LEAGUE OF MUNICIPALITIES: THEIR POSITION IN REGARD TO THE M�TROPOLITAN COUNCIL: MOTION by Councilman Nee to receive the communication. Seconded by Councilman Utter. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. . MIK� 0'BANNON - PROPOSAL FOR CITY TQ REC�IV� PARK LAND IN LIEU OF SEWEI% ASSESSMENT: Mayor Liebl called on Mr, Mfke 0'Bannon to present his proposal to the Council. Mr. 0'Bannon addres.sed the �ouncil saying he had met with the City Manager and the G�ty Engineer the previous week and had presented his proposal to them at that tir�ie, He said, his proposal was to dedi�ate property to the City, as park land in lieu of storm sewer assessments. Mr, p'Bannon said he had been toid that the assessments in his second addition would be approximately $800.00 per lot and they had previously �liscussed assess- ments of $300.00 for the lots in Innsbruck. He said, he did not think he was being treated equally. I Mr, 0'Bannon explained the area to be about two and a half acres with a big catch hole basin. He said, there were about seven lots included in the area and most of those lots are worth approximately $3,000.00 before the utilities , installation. He said the total amount of the area would be about $21,000.00 and he was willing to deed the land to the �ity in lieu of future storm sewer assessments in the area, plus the City paying him $5,000.00 for the property. , ' L� � , ' � Mayor Liebl said he believed the $�cond Ward Councilman should take a look at the area. He asked, as this procedure has not been fallowed in the past, how could the C�ty not assess for a storm sewer? Mr, p'Bannon suggested allowing him an $800.00 credit per lot, Mayor Liebl said he did not know if the City could do this. Mayor Liebl asked if it would be possible for Mr. 0'Bannon to give the City land for money? The City Engineer said the storm sewer in the Innsbruck North development was partiaily constructed by Viewcon, this is the reason for the assessments being lower. Mr. 0'Bannon said he lives in Marion Hi115, and he was assessed $100.00 for a storm sewer, and along came Columbia Heights and put in a dam, and he was assessed twice. Mr, 0'Bannon added, there is no project designation in this area, he said, he was only asking for some consideration. Mayor Liebl said he would like the Ward Councilman to look at the land, He s�aid, he did not believe they could settle th� ttem that evening. PUBLIC NEARING MEE�"1NG ?:r FEBRUARY 12, 1973 PAGE 16 Mayor Liebl asked if Mr. 0'Bannon had registered the land? Mr. 0'Bannon said he eould not register it as the City Manager had not signed ths plat. The City Managersaid he believed this matter should be worked out before it is signed. The Mayor added, Mr, 0'Bannon must have land to drain the run off water and he� is proposiny providing that land. Mr. 0'Bannon asked if $$00.00 on his property and $300.00 on the ViewGOn property per lot is a reasonable assessment. He added, he was willing to give the City all of the land for $5,000.00. The City Engineer said this could be a permanent solution for the drainage of the surrounding area if the Councii wanted to adopt tMis system. He said it is a large area with a low area with the drop of about 60 feet. He added, there would never be enough water to overflow the area. Mayor Liebl asked if the Metro �ouncil would penalize the �ity for such an ac- tion? The City Engineer said he did not believe so. He said the Metro Council does approve of this concept of providing the ponding areas rather than drain- ing all the land into the creeks. The City Engineer said Mr, 0'Bannon's proposals are; one, the City pays him $5,000.00 for the land; two, allow him to drain the area in the pond; three, give him $800.00 credit per lot that is draining into the pond. Mr. Q'Bannon sald the $5,000.00 could be paid to�him the next year. The City Attorney said there would be no problems in buying the land for Park 1and, but he believed the Park Commissiqn should be made aware of the proposal. Councilman Breider asked where the water would be going? Mr. 0'Bannon said it would be drained into a gravel pit. The City Engineer said at the present time the area is all sand. The City Attorney suggested the Councilmen of the Ward and the Councilman at Large look at the land and approve the plans. Mr. 0'6annon asked if any municipality can levy an assessment before the land is developed. The City Attorney said the municipality can require a developer to put money in escrow to cover the assessments before the land is platted. He said, money to cover the streets, water and sewer could be included in this, and also the probable cost of the storm sewer. The City Attorney said in his opinion, there would be nothing wrang in this procedure. The City Finance Director said he did not think he was understanding the entire p�pposal, He mentioned he did understand the City was to give Mr. 0'Bannon ��,000.00 for the land, but he asked where the $8Q0.00 credit would be coming from? F�e asked how can the City give Mr. 0'Bannon credit for the assessments on the land if the City was �o buy the property. Mr, Q'Bannon said the prop- erty is worth $21,000.00, and he said he had been selling the lots for $10,000.p0 per lot, and $5,000.00 beforE improvements. Councilman Breider asked 0'Bannon said there are is a gravel pit that is how many o� o lots beiow 6 feet deep. the lots are below the water level? Mr, the water {evel, He said, the low area , ' , ' �J , , , ' ' I ' PUBLIC HEARING MEETING OF FEBRUARY 12, 1973 PAGE 17 Councilman Starwalt asked where the seven lots were. Mr. 0'Bannon and the members of the Council discussed the location caf the lots at the map. Mr. 0'Bannon said he would give the City two and a half acres and a 25 foot easement for a road. He added, this area would make a very nice neighborhood park. Councilman Starwalt asked Mr. 0'Bannon what work was to be started the follow- ing Monday that would force the Council to approve or deny the proposal before that time. Mr. 0'Bannon said there was no work to be done on the proposed area, h� added, he wanted to do some work on the other areas before the road restric- tions were in force. Mayor Liebl said he had no objections to the plan, but feared setting a preci- dent. He asked if the City would be required to maintain the area, and Mr. 0'Bannon said yes, this is why he had proposed giving the City an access. Mayor Liebl asked what other elements would have to be considered in the draining. Mr. 0'Bannon said there is a possibility the drainage area cautd be filled by silting. The City Engineer said if the City was thinking of having a ponding system to take care of the drainage, this plan would take care of the surrounding area•. He said, any property that would be drained into the pond would not be part of the overall assessed project. The pond will take care of the drainage and there would be no future project in that area, he added. He said, then the individuals in the area would only be assessed the difference. Mayar Liebl suggested a letter be drawn up protecXing the City so the developer or property owners will not make demands in the future. The City Attorney agreed, there should be a detailed list of obligations between the City and the property owners. Mr. 0'Bannon suggested the easements be ptaced in the agree- ment. The City Attorney asked Mr. 0'Bannon if on closing he would deliver warrantee of deeds? Mr. 0'Rannon said �es. Councilman Utter said there is no road into the area at the present time, Mr, ' 0'Bannon said he would put a road �nto the area and bulldoze that po rtion of the iand at the same time allowing the City access, He added, he could not develop the road until the Chies property is developed. ' , , , u �I �� Mayor Lieb) asked if the City would be left holding the ba9 after the land is � develaped. He added, what guarantee would the Gity have that the people would not demand a storm sewer project? He asked, if it were possible to incorporate � this into the agreement? Councilman Utter asked if the drainage area is visible to tF�e entire area? Mr, 0'Bannon said it can only be seen from one lot, Councilman Utter asked how the children wouid get rnto the park area? Would they have to go through someone else's property, he questioned. . Councilman Starwalt suggested Mr. 0'Bannon outline in detail what the proposals on the plan would be in writing and as soon as possible. He said he did not believe he was prepared to act,on the proposal at the present time. . PUBLIC HEARING MEETING OF FEBRUARY 12, 1973 PAGE 18 � , Councilman Breider aske� Mr. 0'Bannpn why he did i�ot develop the entire area , and use the area to drain the land without giving the land to the City? Mr. p'Bannon said this was a possibility. Councilman Utter said Mr. 0'Bannon could construct his own sewer project and the City Would give him credit for the projeGt. � The City EngineE:r said the $$00.00 would be assessed when the building starts, he asked Mr. 0'Bannon if he was about to start building in the area? Mr. 0'Bannon ' said he had sold two of the lots, but he did not know when the building would start. Mr. 0'Bannon asked why he had not been charged the same amount as all the others in Fridley, he added, he is no different than anybody else. Mr. 0'Bannon said the City had come around and said the amount would be "X" number of dollars, he questioned the reason for this. The City Engineer suggested Mr, 0'Bannon go ahead with the construction of the utilities that he is planning now and the Councilmen of the Ward, the Councilman at Large, and the Park Board woiild review the land and the plans. Mr. 0'Bannon questioned the purpose of preparing a proposal after the land is reviewed, Councilman Starwalt said he thought the Council should reconsider the proposal in two to three weeks time. Councilman Breider asked if Mr. 0'Bannan was concerned with action because of his planned work? Councilman Starwalt said Mr. 0'Bannon said, whether the Council would approve his proposal or not had no bearing on the work t�> be started the following Monday. ' Mayor Liebl suggested Mr. 0'Bannon go ahead and start the work and submit a written proposal to the City. MOTION by Councilman Utter to receive the communication from Mr. 0'Bannon. S�conded by Councilman Breider. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. �RNARD ROTTER, PRESIDENT, CASTLE MOBILE HOME, INC, REQUEST FOR REZONING FROM P-D TQ R-1 BOURDEAUX'S SPRING BROOK ADDITION; Mr. Bernard Rotter addressed the Council requesting a zoniny change from P-D to R-1 in the Bourdeaux's Spring Brook Addition. He said there are presently two homes in the development and there have been some lots sold, and in order to continue the residential development, he was requesting a zoning change. He said the land had been zoned P-p, Planned Development, by the previous owner, Mr, Dumphy. The City Engineer said Mr. Dumphy is no longer the owner of the property, The City Engineer said some of the land Mad been approved for multiple and some commercial. He added, in order to change the zoning, the developer would have to go through the same process again. � i � ' ' ii J � � ' ' � ' , ' ' , , , ' ' , PUBLIC HEARING MEETING OF FEBRUARY 12, 1973 PAGE 19 Mayor Liebl asked the C�ty Attorney if it �s�possible to construct home in an area zoned P-D. The Gity Attorney said it was possible. Mayor Liebl asked the Ward Councilman Breider if he had any objections to th� proposed zoning change and residential area? Councilman Breider said he was all for property in that area, Mayor Liebl suggested Mr. Rotter work with the administration and come back to the Council for approval of the plan at the next meeting. Gouncilman Nee said he be)ieved the plan a good one. The City Attorney said there �hould be some sort of formal communication pursuant to the Ordinance, if single family dwellings are to be placed on the plats of land, MOTION by Councilman Nee to permit construction of single family dwellings on lot 4, B)ock 2, Bourdeaux's Spring Brook Addition, and lot 9, Block 2, Bourdeaux's Spring Brook Addition, subject to approval by the Inspection Department; stipu- lating further construction subject to a complete plan being submitted o� the development plan and approved prior to any further construction. SeGOnded by Councilman Breider, Upon a voice vote, Liebl, Nee, Breider, Startwalt voting aye, Utte� abstaining, Mayor L�ebl declared the motion carried. MOTION by Councilman Nee to adjourn the meeting. Seconded by Councilman Star- walt. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously and the Public Nearing Meeting of February i2, 1973 adjourned at 11;30 p.m. Respe�tfully submitted, , j _ �- . �u.��-c.� � 1 �:s.�-..1:�,� � patricia E�lis Seeretary to the �ity Council � Frank G. Liebl, Mayor 0 0 0 OFFICIAL NOTICE CITY OF FRIDLEY PVBLIC �IEARING BEFORE T8E Clii C�V+R/� .__., � TO WB�OM IT MAY CONCERN: NOTICE IS iLER�BX GIVEN that the Cit�► Council of the City ag Fridley will meet ia the Couacil Chambers af the City Iiall at 7:30 P.M. on Moaday, March 19, 1973 ta coneider the iollawing matter: A requwst to reverae the house pian that was __ ____ _ __ appraved with a 60 faot ixant yasd setback by tiie Citq Gounci,l on Februaxy 26, 1973, ta ailaw the conatructioa af a dwelling cn Lot 3, Block 3, A1 Rose ,A,dditlon, the aame being 6230 Aiverview Terrace N.E., Fridley, Mianeaota. (Aequest by DeGardner Construction, 7950 East River Road 21,E., Fridley, Minnesata.) � Anyone who desires to be heard with refarence to the abave matter taay be heard at this meeting. 0 0 t FitAt�R G. LIEBL MAYOR � 1 �a lahi Alonni�y sf{ Pr`t A/�,t 0�75 tl��l►war +vo OS ►�1.[ s lond Svrvlring ' • S • �/ Minn�opolis, ioil• 1�f1in9 � ���1l�����I�%t�� •�/1�'. M�,,,,. ss�s� Civil Enyi���•in* � T�I�pho�• 1Yt-6066 Mu�icipol l�in��.i�9 p'„�n�ineerr dc Surveyor� Ar�q Cod� 61] Cartificate oi Survey !or_ A� IY1p1���N , LU � —.. �Y .� O .� iot ORIGINAZ PLAN - THE REQUEST Z$ TO REVERSE THE PLAN 13A .91- � � �, � • � � � � --�� , C IA �� r � r - I . ____ �.�,� � b , I f„� � 4 � � _ T : -,;�.. _ _ , __ _ .�, i �,� �— ._. __ _ -- — — ..� _ � ._. , ,_... -- --- ---- –� ,it --11Z.2p - �.� �K� � ,�,,.��. _ .� � �� � � � � � � � � ;��� �� `����� � � c,v ;�.<� . �'a � • y,� 7 �� ,�, �a�•,�,�,�:.. � :� 6. y � . �.� ) u .—=-_=- �enoiec �ro►►nQQ�e and U�il��� kastment , I.4T 3 ��OCK 3 �riv��r►t�/ ' • � t�,_ .. ..,..,.,, — —_: � �V �, �� � _.. (�` �/ � � � y� V\� � J � , o �cno�eS �ron monvtmrnt � ,a►� o�E ���oo »� oN ,�no+,a �,oun� 1 I��r�br ��rtilr 11�at thi� i• a tru• ond corr�cl r�p���ento O� of o ���v�y e/ Ih� b�vnd��i�s o/ 1A• erev� d��t►Fr�r lowd, awd.of 1M� l0�ol�on ol a�! bvildi.nji �� ther�on� ond ol! vl�ibl• •ntr�oshnr�nls, il ony, fr��n M On •�Id len�. As •�rv�y�d by n►• �hi• day of Fsb�vsvr A.D. 1V71 . ---r— SU�UR�AN iNGINEttING, INC. ^ I � � � '� � . E�pin��,r� n Sur r rs `� 4u� lQ • 1 �neh t � �tt� �r r'� � � 1 � r � ��' • -��- . . , . , � *�,...�.�- �..�..� . . s .�:...: � . �- ^�:m..yt' .3n V ;F,e. . �: r-v',jo,r r ,,h...4 . . • . . . .. .. � � . . . . M ' � � � II _I I ,z . �. � � I� � fhe Minutes o.� th� Board Ui App�al¢ Subcommittee M�eting of February 13, ly- :<. MQTIQN by Harju t�, r�acacnmend to tha CiCy Council approval of th� variances ���:. _: the vnriance from 20 fect ta $ feet on �eech Street as requ�et�d by� Mr. Johnsan. Secanded by Wahlberg. Upon a voic� vote, tk�ex� being n� naye, th.: motion carr;.0 unan it��ous ].y . MOTIUN by Harju CA approv� the Minut�s of the January �0, 1973 meeting as writteti�. Secondsd by�Wahlbexg. Upan a voice vots, there being no nays, the motian carried, Mr. Bob DeGardner was present to uiake �ppeal £or thi.s variance. Mr. DeGardner eaid that the reaeon for the variance waa that thQ house couldn't be moved back any further becauee oi eteep river bank slope conditions and therefoxe hs had to ask for this variance to 6q feet. To go back any £arther would create a de�inite hardship. Mr. DeGardner sai.d that the hUUSe wauld bQ completely flnished. The entire back including the walkout would have cedar aiding. Mr. Minish asked if there w�e anyone that wiahed to be heaxd on thi,a hearing. Mr. Richard Harri.a and Mr. H,arald Harrie of 620Q Ri.verv�ew Terrace and 62L0 Riverview Te�xrace came forward. Ms. Aichaxd Harrie said that he hsd no objection•to th�,front setback variance. ' What h� objected to wae the clear vialation cf the Codea by City Adminiatration. He �aid tha�t DaG$rdner wae led dawn the wrong path by the� adminietration. The adntiniatra�ion had told DeGaxdner that if he got the neighbars to okay the variance Chat they wouldn't hav� to go ta th� Boaxd of Appaal,s and could get their pex�mit. ' The permit waa lseusd without ap�xoval by the Boa�rd af Appeala and Council and rh�y ezartsd warking. Mx�. Harrie said that'he doesn't want thi,a to become a habi.t. Al1 variancea must be taken care of before the permit is iseued. ' ' ' ' Mx. Haxxis ask�d Mx. .DeGardner if 8omethin$ would bs done abaut the expoaed concrete baeament bloak on ths south eide of the houae. Ha aaked if aiding couTd bc Nactended or th� b�,ock painted to give aome�hing more pleasing to look at. ��ir, DeGardnex aai.d that he would da what�sver wae neceeear�► tp pxotect the neighb,�rs. PlOTION by Wahlberg to cloee the pub11G hearing. Secot�ded by Harju. Upon a voice vota, th�re being no naye, the motinn carried. I�OTIQN by Wahlberg �o recomane�d ta the City Couacil approval of the variaace with the etipulatian that tha expo�ed block on the •outh �id� ba finiahed either by eacteading the�eiding down or by p�inti.ng. Secondsd by liarju. Up4n, a vo�,ce vote, �her� being ria naye, the motion carried. ���� +� � 7ha a�6e�i.ng was �djoux�ned aC B05Q P.M� by'Chairman Minieh. , Ite ectfull ,ubmi.tted, � ' ��.�.. .t ' �i'�� a - �' • .,.s-....,, �m-�- � �. REGULAR COUNCIL MEETING OF FEBRUARY �6, 1973 MOTION by Councilman Nee to concur with the Baerd of Appeals. Seconded by Councilman Uttsr. Upon a voice vote, all voting aye, Mayor Liebl declared the motPon carried unanimously. MOTiON by �ounciiman Utter to recetve the minutes of the Board of Appeals SubGOmmittee Meeting of Februa�y 13� �973• Seconded by Councilman Breider. Upon a voice vote, all voting aye, Mayor lieb) declared the motion carried unanimously. a 1C V � � ITEM #2 AISCUSSION ON ACQUISITIQN QF PRQPERTX iN CQNNCECTTON WTTH ISLANDS QF FEACE PRO�CT � 0 �,, .� m n � I I , ' I ' �J ' C ' ' ' ' , ' ' 1 �.�[�.tw-.s� Z• �'7 MEMORANDUM To: City Council, City of Fridley From: Virgil C. Herrick, Ci ty Attorney Re: Acquisition of Rea.Z Estate Adjacent to Chase Island Date: March 19, 1973 I have been cbntacted bz� Ed wilmes and Bob Minder regarding the possibility of Mr. Minder an d,an associate selling two adjacent Iots to the City of Fridley for use in the Island of Peace project. These Io�ts are presently zoned R-3 and a permit has previously been issued for the construction of a 72 unit apartm�ent site. It is rny understanding that l�lr. Minder has indicated a willing- ness to enter into an option to sell this property to the Citz� of Fridley, the option to run to Ma� 15, 1973. The option price is $2,000.00, which wouZd be applied on the purchase price if the option is exercised, If the option is not exercised, the option money would forfeit to the sellers. The askinq price is $71,0OO.OD, paz�able $I5,000.00 cash at closing, and the balance of $56,000.00 on a contract for deed par�able $8,000.00 per �ear plus interest at the rate of 7i. The selZers have agreed to pay up ai1 existinq assessments and pay the real estate taxes through the payment due in 1972. The purehaser would assume the real estate taxes pa�able in 1973. I have been advised that the Island of Peace fund has a donation of $2,000.00 to be used i'or the option money, Mr. Wilmes indicated a belief that the additional $I3,000.00 needed for the payment'at closing would be availabZe by May 15, 1973. I am bringing this rriatter to the council for its attention. If the council wishes tc enter into the pu�e�zase -;a�`�eer�ent, the proper procedure would be to authorize the administration to prepare the real estate option and to authorize the rriaz�or and city manager to sign on behalf of the city. VCH/j1h « �� �. 1 0 � � , . � � � � � � i � � � � � � � � � ORDIpANCE 1�0. ♦ � AR ORDINANC� TO AMEND THE CITY CODE OF THE CITY OF FAIALEY, MINNESOTA BY MAKING A CHANGE IN ZOPiiING DISTRICTS The Couacil of the City Qf Fridley da ordain as follows: SBCTIpI� 1. Appendix A caE Ghs City Code of Fridley is aanended as herinafter 1ad�tcated. 88CTION 2. The tract or axea within the County of Anoka aad the City af Fridley and deacribed as: The North 1b0.0 feet af that part of Lot One (1) Auditoz's Subdivision No. 25, Anaka County, Minneaota, described as iollowe: Begianiag at a point which is the intersectian of the South line of Hacl�ann Avenue as platzed and the �aeterly line of Central Avenue N.E.; theace �asterly along eaid South line of Hackanann Avenue� Oae Hundred Eleven and Thixty-niae Hundredths (111.39) feet to a point oF intersection with a line parallel with and dietant Qne Hundred Twenty (120) feet Weat as meaeured along the North line of eaid Lot pne (1) of a line described as followa: 8eginning at a point on the North line of said Auditor's Subdivi�ion No. �5 distant 492.5 feet Eas� of the Northwest cornex thereof; thence South, a distance of 308.2 feet to a point on a line parallel with and 160 feet North of the wost Southerly line o£ said Lot 1, which paint is 437.44 feet distant East frem the aenterline of Central Avenue N.E. and there termina�ing; thence South, along said parallel line 285.09 feet to a point on a line parallel with and 16Q feeC North af the mosC Southerly line of said Lot 1, which point is 259,62 feet East fram the E��stezly right af way lin� o� U.S, Truak Highway No. 65; thence West paral,lel with the mast Sautherly line of said Lot 1 a diatance of 259.62 feeC to the Easterly right of way line af U,S. Trunk Highway 65; thence Northerly along said Easterly a�igh� of way line ta its intersection with ths Easterly line of Central Avenue N.E.; thence continua in a Northerly dire�ction along said Easterly line to tt�s point of beginning, a11 aubject ta the easemeata of r�cord. Is hereby desi$nated to be in the Zoned District la�own as G-2 (general busi�ness areas). SECTIQP 3. That th� �oning Adminiatrator is directed to change the offic�al zoning map to ahow said tract or area to be rezqned fran Zoned Diatrict C-1S (local ahopping areas) to C-2 (general businesa areas). a � QBDIPANCE N0. ,�,l, 0 PA888D SY TEE CITY CO�iCIL OF THE CITY QF FRIDLEY THI3 �,,._ � pg ' , 19i3. l�lI1Y0� - �'RAP1C G. LIPBL �TiST t . CI'!'i Ci,E� - Marvin C. Bsuaaell public Eearing: � �2 � � y 7; Zirst Reading:, /YLo��S� / �j'i 3 Saaoad Readiagi _ Publish....... s_,_.. �.,... �. " . � . 0 �� I � � 3A Page 2 _� • .,- ; � �� � MEMO "I'U : MEI� FROM: MFMO DATE: SUBJECT: Gerald R. Aavis, City Managex and the City Council Nasim M, Quxeshi, City Engineex March iS, 1973 Repart Ragarding the zntors�ction Improvemant of Central Avenue and T.H. 1�65 In the last few years we have been cancerr�ed with the potentially sarious traffic problem at the intersection of Central Avenue and T.H. #65, espocially on tha east sida. About three years ago Union Oil came before the City with a xequest fox making an addition onto their existing gas station. At that time.th�ir request was held up becauso the City of Fridley felt that until an overall plan fox providing traffic safety improve- ments at this intexseation is developed, and new construction should conform w�.th the ovsxall p1an. In 1970, whan the davelopmant of Innsbruck Narth plat by Viewcan was approved, thera'was also concexn shown about tha increased problems tvith this intersection. The City Staf£ has been working with the Union Oil peaple for two years to come up with a proposal. , In 1972 the City Council did appxove th� plan for this intersection by � ' Resolution �20-1972 which provided datachment of the service road behind the gss station, and xequested the Minnesota Highway Dmpartment to finalize the deta3.ls. Siace �hat time we hava been working with the Minnesota Highway Department, Anoka County and the Union Oi1 Station to finalize tha geometrics � for �Che safety imporvement at this intersection, This was the plan presenta�d to the Council at the meating of March 12, a973, Thare were s�lso old alternato proposais pxasented which had been cot�sidexed, then discarded, � becsuso'of theix advarso �ffect of putting additional traffic through the large stratch of xesidantiai areas. � � � • �� I fael that the datachm�nt o£ Hillwind Road behind the gas station, along with in the future makin� a pox�ion of Hathaway Lane from the detached service xoad to Pa1k Stxe�t one way going west, would be xha appropriata solution to the future traffic volume needs,of thi.s intersection, taking inta consideration tha afollowing #'�ctors: � - l. This proposal would:.put the least aawunt of traffic into tha resid�nt#al areas from Innsbxucic North Development and the�potential future commarcial davelopments. 2. Tha cost of this proposal wouid not be as hi� as some of the other proposals. � � Certainly, if the traffic aonsidaration wer� the oniy datermining factar, � this is not the bost plan; but if tra£fic, aiong with keeping the traffic thxou�h the xesidantial az�eas to a minimum and tha cost factors are con- sidered of primo importance, then this would be the oniy solution. � � � � �� � Memo ta Mr. Davis, Mayox and City Council Reference: Intersectian o�' Csntral/TH #�65 . 3C March 15, 1973 Page 2 � I£�e7� th� City should l�av� an overall plan to take care of future potantial traffic problem areas adopted so that wo can wark towards that plan step by step as dovelopment progresses and funds become available to the � City of Fridley and c}ther governmental bodies.• I felt this is what the Council had done by thoix Resolution #20-1972 appxoviRg the plan on which basically we have been waxking ior 3ts implementation, � I would hav� to say that whether this plan, or a rev3sed plan, is adopted by the City of Pxidley, it would bo some time away from bacomming a reality becausa of the camplexity of woxking agxeements with the Minnesota � Highway Dapartment and Anoka County, alang with availability of funds from oChex governmental bodies. NMQ/jm 0 0 � �� M . Nasi.m M. Qureshi, P.E. City Bngineex - Director of Planning � 0 i � �'a��� F �� ���� ���� ��� � � ���� ; � � _--if - 4 � "-1�1• •���. Y .. •T T � �.r � � • Y• •� ... �.- � � s .�y ,. ��.s A 1 .. � _� ' � �fi' � .. •W �, w r�F . 'J • � w� �'i► � • •y� �''�' ♦sJ, �♦ ,w.�....+ t Y, 'Z 4�.. � .�� .. � W � .... � Y � :' .. � +��� � �� ��� � It' D E�*►y i�•"� �:� �� `'. i � � 1 i� N M � � � � � o � o � a a a a � a aa, .r�°�, ' / i''''� ` �' "� �,.�.,.a...y�,�_ J� LLl`J_'l.' ,. !' . fY i i i / , ,,,,1 y ----.�.._ _ � = '' - �., ,� -..r �_ r� -o ��i ���_ `�` 3 D i I r � ` / `+ � �// . ���..y �� � `� � � ' a ; `'� l , r/,/ �� �..�` ,,� � ;. ,' �' !�� 1� i ; �,' 4� ( , �\' `����\ � �"LJ�_: L� �� Q� o�/ , � � `. � r .,� � �� �— -j1 ., ., ,� ��y_�� � � �, _,�r - , � �' -...'...' ��_�! L_...I'=� Y y _) I A : � �-�...,,. _ � i � � .� \___� /� �-i u �=i� �'� � ��..._1� e � p ��� �` � �� �F- � � . �, �'� -� • _ (!'`_� �•'_��� :��r1 '� C I ��� � � 4 "^ � .N eM ( ,1� . r` �a. \b ��_ C �;� JJ ; ! � ^�'d'� �"'_ 8 _ �' f 'A1y0 MO INM71 � �..,�.� �a W V � � � �+� .° � � :: �� � �� ' i �* �'�`� �r` t'.� ".� '`+ � e W ��-q� ��r♦�, � 1 . >� �., P `�� _y „�,` + �'•1�a"'^... ' -.�il. �\' � � s9 �, II� � �r 1 � 'a� s�nwne tt�� � w = I � < � �` �nrdt sia3� L � � � t J r = • H > V w , � w � � � + r'aC I S��3d � �, , + .. + ., �..� ,.+ I.������+�11 i� � � �. ' ' � _ � 1-� t'-'t � _+ • -r t -� , � � -i- -F -j °�` -1±-� � -I -� � ����� ���� � � �.� T� �� �, r � � � � � � ! � , t � � � 'P . / a � �. ,_. s�v ) �f � , ! , /` ' `i � ♦ ��-�_--`�== ------- , �'= ------: ,� �.� , � A �l� \ , , . `` ` / / �' �,. �- ,,!'�,,----�_ - r� � �' _ � w � w � 0 _ d o, � g � t�L 2. 2 � / �` — � �` r �' ,.�-,.�-.. v � � � � � � � Z 3 � � � v 0 � �� � � � a � � � � � � � � � � ^ � r � .� � .� � � � S ' , t\ ,� r . �� a , .,�� 1 ��� , � , �� ` � ' '�- -- _____ ` �____-__ � _ _ z __ _ ___ —: ��s_ --- x7od_ _ . �. ,_ __ _ .__ . y `� �.__.__ � � � i. � , 7 � �" �' �� �f ti j � ��� � � ' b ��, S, �' �-. � ?,� � �, � 3 y� ti � � � , � � � � ,.., L � . .` � * t� . . . i � . 4 � •� \1 . � . ' �. . �- % � _ ,_ " ' � -- ---- , t �v. �tf � __ , �, , � ` \� : � � ,�� � � . �"� � �, . . . � � __ � i C1z ; _ _ .� � � } � �- � _��-,. �' } { � � __- ', ' - �� .__ ; . __ --- ; � � � { ' . i _ .,, .� _. . _ __ . , --_ � �_ _ - -_ �� �� � �+ �_ _'-� � _ _ _ _ - _.. _ _ _ . �'-�-;;: - - �. _ __ _____. --� - � 9 --- - H _ � ___ _ -._.__ _ __ + - _ ______�._ _�.._._�-- ,'; _ ��� - J 1 ) . 4 3E 0 i i , � 1 QRA'INANCE NO.� AN QRDTNANCE AMENDING SECTION 3,05 RELATING TO THE USE Ok' SICK LEAVE FOR CITY EMPLOXEES The Council af the Ci�y of Frid�.ey do ordaia as followa; � SECTIQN' 1. 3ect�ion 3.0� o� Che Bridley City Cade is hereby amended to read as fallows; � �J L � , !_J , � � � � r-- L. 3.05 Each emp�.oye� of the Ci�y who haa worked regularly f or th� C�,�y far a period of no� lesa than si� 6 succe�ai.ve months is entitled to sick leav� away from employ- ment with pay. 31ck leave pay shall b� computed at �he xegular rate of pay to whiah such employee ia entitled. An employee wha hae worked a minimum ot aix 6 moatha is enCitled to ane (1) day of aick leave fpr �ach month worked, cumulaCive to one hundred twenty (120) day� of aick leave. AEter one hundred twenty (12Q) e$rned and unused days of sick Leav� have acaumulated, one (1) day add�,tional vacation shall be granted ta an �mployee for every thr�e (3) sick leave days earned and unus�d. The employee may elect, after ninety (90) earned and unuaed days af sick leave have accumulated, to reoeive one (1) day additianal vacation for every three (3) aick 1eav� daya sarn�d and unua�ed. Sick leave days ahall not accumulat� beyond one hundred twenty (120), $efore any aick ].eave caapensaCion is paid, the City may xeqtieat and is en- titled to rea��.ve ir an any �mploye� who has b�een abeent more th$n thre� (3� dsye in au�cesaion, a certificat� aigned by a comp�tent phyaician ox o�her medieal att�ndant certifying to the fact !that Che abaence was ia fact due to'eickness and not otherwise. The� Ci�y Alsa xeserve� the right to have an examination made at any �ime o£ any person alaiming absence by r�ason af eicknees; euch examinat:Lan may be mad� when tho City deems tha sam� reaaoaably neceeaary to v�ri,fy the sick- nesa claimed and may be made in b�ha�f of the City by any campet�nt pereon deaignated by the City. Sick leave is to be used normally for the sicknesa of �he e,mployee only, however, two aick da s�r ear ma be used for Che iallowin a eci- ie uses; Serioue illnose of the e ouae. 2 Serious i ln�se o child. T e a ecial use da • cannot be accumulated from one ear to t e next and if the are nat u�ed t e are inc u e n t e norma aia leave accumulation. Time off w t p$v can e c arae t,�, t e apg pecia�, usea e � Q QRD II�TANCE N 0 . � � PAGE 2 ADOPTED BX Tkl� CITY COUNCIL 0� TI� CZTY OF FRIDLEY THIS��� DAY OF � , 1973 ATTEST: CITY CLERK - �lARVIN C. BRUN3EI�L First Readin$; March S, 1973 3eaond Reading: IRA�t.elt,/N. / 7'i3 Publish: � MAXOR - FRANK G. LIEBL 4H �i � 1 i� 1 ' , � � oRA�NANCE NQ, �� . AN ORATNAIVCE AMENDTNG SECTION 3.08 R�LATING TO TH� USE QF FUNERAI. I.EAVE k'OR CITY �MPLOY��S The Counci.l o� the City of Fridley da ardain as followa: SECTION 1. Section 3.p8 0� �he Fri,dley City Code ia hereby amended to read as followa: 3.08 An employee wha has been duly aummoned for jury duty , in any court or who has been duly summoned as a witness in any proceeding, ahall be excuaed from woxk for the purpoae of com- plying with �such aummons, and while absent from work in accord- 1 ance therewitb, such emplayee shall be entitled to recefve as pay a sum of money equal to the difference between what he receives as compensation for such jury duty or witness fees and his regular pay, Any employee absent from work in accordance , with the order of a duly establish�d military authority shall receive pay and compensatian during such absence as is provided by State Law, In case of death occta'ring in the i�amediate family of an employee, such an employee may be excused from work for up to three days with additional time off t�ranted by the City Manager if additional time is needed. Thia time off sha11. not sub,ject the employee to losa of pay. For thia purpase, membera of the immediate family of Che employee ar� cansi,det�d to be the following; spouse, child (natural or adopted), parent, grandparent, brother, sister, mother-in-law or father-in-law, ADOYTED Y TI� CITX COUNCIL OF THE CITX OF FRIDLEY THI3 �" DAY OF , 1.973 � ATTEST : CITY CI.ERR - MARVIN C. BRUNSELL ��xsx RQ±���a � � i �l �3 $ . %� �Q%L40.' �, ,, . Second Readirtg; ��'I�it l ��13 Publ.iah: MAYOR - FRANK G. LIEBL � 1 t ! 1 � � , , , � � � ' ' ' . ' , � , � 6701 Qvorton Drive N.E. Fridlsy, Min�esota 55432 March 12, 1973 Fridley City Cou�cil • City oP Fridiey 6431 Univereity Ave. N.E. Fridlsy, Minnesote 55422 Rs: l.ot �, Reglstered �and Survey # 3 Gentlomen: Tn raference to your letter of Nove�►b�r 10,1972 in Which you declined to act on �y r�queet to b� exe+�pt fro� hook— ing up to swr�r and weter facilities, I contacted th• other oan�rs adjoinin� Siverts Lane. It apparently was the faQling of the Council at that ti�o Lhet ths other owners would like sewer and w�ter brought in to Siverte Lane. Theretore, I presented two p�titions, (tor o� egainat mawsr and water) which are enclo�ed� to the aajoining owe�ers tor theai to siqn. Th�y W�rs tme�inously againet sewer and water. The two owners facing County Road H� Mr. Bacon and Mr. Jen�on, do not went to sell aff the sauth aid� of their proparty ae they enjoy tt�e larga �ote Lhey noru have. I now have a buyer for the praperty who 1s Wi.11ing to build a home Withaut se�er and Water and I requsat permission� for . the above reaaona� thet above descrihed l.o� 3 be exewpt fro� sewer and water hoakup ao ae not be danied the use of �y property. • oF'ie, 0 ��. .� t Youra vsry truly� :..��, ;'�t . .�l:h,i•'�!, Oana d H. 8ra Y : I TO 41HOi�, IT ;:AY CONCE'r�,'U: Ma.z'Ct, li � �.9%3 . Wc «.re xot ir�terested ix� developi�:^ t�� sout}i exd of our propertJ �:�d t:��rcfor-e do ��ot t��:uti sewer ��c. �.:.. .,r t:rou:;ht i� to servc Siverts Lsuac. . � // �'r � ' ,r � � � . ; ;�c�-�-�--% ___� � `� 2 xZ TrJ iAHO�d IT Y,�IIY Cc?I��RN s I am nvt intere�ted �in.bringing sawpr and a�ter (aity) iato my lot C st thi• ti�. � i � �G'fsit�'�� ~ ,� %D 73 � . • � J � , . I � � , s ' ' . ' . , ' ' , , .,,_ .,� ,� � ' ' ' � � � , ' � i �tEGULAIt COUNGII. ME�TX'r`Q AF �C1S��MBER 6, 1972 0 s�T �ES (cofvTUVtT�D) 0 Htawsrd, I,eFevere, I,e:lkr, Hamilton and Pearsan 220Q F�.r�t I�atianal l�ank �u��c:ing �Miaae�poli,s, Mi�,ne�4ta 5�402 ' $s��maCe daeed �ctob�r 2Q, 1972 T,egal services incJ.tld��iy preparat�,on of Q�coee�dinge and approvi.ng vpinion of $2,1�5,000 Speci$1 Assessment Fund �ond c�f 1972 Lay� Miaaesota Company 3147 California Street N. E. Mianeapoiia, Minnesota 5541$ , FINAI. ESTIMAIE No. 3 for construc�Cion of WAtcr �mprovement proje�t No. 10$ Nadland A$sociates} Inc, Alaxaadria� Minnesc�ta 56308 PARTIAL Eatimate No. S£ar construcCion of Saaitary Sewer, Storm Sew�r and Wat�er�nai� Improvement Pxaject Na. 1Q2 �, n • , PAG� 21 $ 1,350.OQ $ 2,858.51 $26,014.$6 MOTION by Couacilman Brsider to a�prov� p+�ymeat of theestimates as aubmitted. �QCOnded by Gouncilman Mittei.stadt. Upor� a vaice vote, a11 ayes, Metyar Liebl d�cl�red the motion carri.ed, �,ON�ifi IGATI CX�18 : ,• A HRA'�T* REQUEST FOR PERMTSSTON NQT TO HQOK UP T SE �� • WER AN1 WATE�. � IriOTIQN hy Counci�.m�c� �r�:.der to receive the cammunicatio�n fram Donaid H, Bratt, 67A1 Over�Kon Dr,ive �v. �. , c�«��,� ��r���r �6, 1972, cancazning I,ot 3, R�gistered � I,ac�d Survey ��3, 9econded by GUUn�llman qtter. iJpon a voice vote, all ayes, A�Iayor , I,ieb1 dealar�d ti�a mation cacried. Councilman Uttex said that the xeasan for Ghe requeat waa that they Eelt that the �osC .,:.s grohib�ti.ve, but Rccording to ths pro,j�etion, it did no[ seem Coa aut � o£ lint-, The Cit� Ea�ln�er �$id that actually the w�iole question bec�mes moot . ___ . a�1 t,he �etropo].itan Sewez Bonrd has adopted the requirement that there.uill be ao cnar!^ Ha1Zar aad ces��ools ��y�the"en�,q��.1�$1� and thea the municipalitiea wiil ac►� �i��`�° ttt� -pawer to waive � that requizement. A well ey.stem and cesspool would p Qbabty cost about th� sam� as the eewer and water �.ine would, the oniy trauble 1 Chst the oth�r �roperry awners would pbjsaC �o �t.: bef,ng run now. This man ; n�a to deveiop, bu� ti�e ���her property ownera da not. � , ::'r. :.:. �� �:rtC�:I:::� 31?u Ltlidt d� S�.',,'�:1 3$ itic^ ?��C�GPQ13.Cun SE:�a: C�:J;xrG' �d5 }:;-�5•. , 4:.�i.an th+; watar :.iid sewer iine wauld have Co be zun anyt.vw� ;u it w�uld be � 4 �� n�eTileea sxp�ASa #�r him to go ahead with a well and cesspool aow. 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E�. ��. �r� E� � :�, ,. ��. ,;,�.., � j � R�, � ;; ..� � �p � �.-. �. �.� ;- R ,� �. �r� a �58/ �� !�33� � �`�+o � �'�i��e i,14 �� �'�Q0° RIG (�T � � � •��. ^ ,�" � P �*�y, �,'.,•. /i.r�e� .�.�'' � Q 0 0 `r� � V T �/"37 f b Z � ; � 1 ' -! �1 ' � i �! M ' � . � � � •y �ir7i� A�7�N�I' ►�, � � �i „` � � ! �+ v �'�E��y"",�"�^' � � �j � j, � � . � t � �' '_ 11 ' � ' , '. ' � � I ' � � CiTY OF FRIDLEY PLANNING COMMISSION MEETING MARCH 7, 1973 � r CALL TO ORDER• Chairman Ericksan called the meeting to order at 8:00 P.M. 7 . PAGE 1 ROLL CALL: Members Present: Erickson, Schmedeke, Zeglen, Fitzpatrick, Minisli Members Absent: None Others Present: Darrel Clark, Community Development Administrator APPROVE FLANNING COMMISSiON MiNUTES: FEBRUARY 22, 1973 - MOTION by Schmedeke, seconded by ZegZen, that the Planning Commission minutes of February 21, 1973 be approved. Upon a voice vote, all v.oting aye, the motion carried unanimoasly. RECEIVE BUILDING STANDARDS-DESIGi� CONTRdL SUBCOMMITTEE MINUTLS: FEBRUARY 22, 1973 MOTION by Zeglen, seconded by Fitzpatrick, that the Planning Commission receive the minutes of the $uilding Standards-Design Control Subcommittee of February 22, 1973. Upon a voiee vote, all voting aye, the motion carried unanimously. 1. PUBLIC HEARING: REZONZNG �QUEST ZOA 9�73-02, BY ROBERT D. DEGARt�NER: To rezone Lots 22 throu�h 25, except the Westerly 60 feet, Block 7, Spring Brook Park Addition, from R-I (single family dwelling a;.��� ) = to C-Rl (general office and limited business) for a realty office. Mr. Robert DeGardnez was present. MOTION by Fitzpatrick, seconded by Minish, that the Planning CommisWion waive the reading of the Public Hearing notice for rezoning request, ZOA #73-02, by Robert D. DeGardner, to rezone Lots 22 �?;rough 25, elcept the Westerly 60 feet, B2ock 7, Spring Brook Addition, frc� R-1 to C-R1. Upon a:voice vote, all voting aye, the motion carried unanimously. Mr. DeGardner said he has been operating a real estate business out of his hame for 4Z years. He said when he buiZt his home, he planned it for a hame occupation by having an office in the basement, and now his ` . . . ,,c,r1 cc ;c o1'C-.,1n� ��:1 }-.� •__-�� __ • '� __ _ ,. ; - .. .. ,._ _. ,- __. , ..._ . , ;-" ,- c..� ' , . P, ` _ ,, ` _. _ . _ . . _. _ _ _ _.... l ::' - - - - - -. _ . ,. ._ _ . -.... ...� .. _ �... _...�� �_. �.. ��. _.._ .;c. � .: : �E.. � _- . ` _ . . recreation room and,a noubie �ar=:�e, it wouid u;ahe tlie praperty ::7uc:i L:orc valuable, with its loca�ion on East River P.oad, but for resale it c,oulc� be almost nil. He said he could operate as he is now if he added on to his � ' � � � � L, �� ' � � . . + .s_ . . . . . �lannin� Commission Meetin� - March 7 1973 ] a e 2 house and used the entire basement for his business. He said the reason for the request was to expand the parking area and have more space for his business operation. I don't want this zoned residential, because if for some reason I would have to sell, this property would have no resale value as R-1. Mr. Erickson asked how many people Mr. DeGardner employed. Mr. DeGardner said he employs six people. He alsa has contractors who stop in. Mr. Erickson said you are actually operating illegally now. According to our ordinance coLering h�e occupatians, if you hire anyone outside of your immediate family, it is an unlavful home occupation. Mr. Erickson said.all the property around Mr. DeGardner's property is zoned R-1. Mr, DeGardner said there is a Iot of tax delinquent property around him and as far as a residential area, it isn't one o£ the best. If I am operating illegally, I wi.il have to get the property rezoned or move, and I prefer having my business where it is presently located. If I sell my property, it would most likely be purchased by someone who wanted to have a home occupation because that's the way I built the property, Mr. Schmedeke asked Mr, DeGardner if he came in on his own for rezoning. Mr. DeGardaer said he did, just because he wanted to expand. He didn't realize he was operating illegally. Mr. Clark said if the City had complaints on this business, we � would have been aware of the situation and Mr. DeGardner would have been told his business was a non-confonning use. Mr. Bruce K�thman, 3$6 Longfellow Street N.E., said he was against '' , an increase in traffic. He said he didn't think Mr. DeGardner could provide enough parking on his property to handle an'increase in business, ' � � ' � ' � Mrs, Lester Frieze, 369 79th Way N.E., said if you rezone this property, other people are going to come in and request rezoning on the vacant land in the area. I am against anq rezoning in this area. Mr. Winfred MorpF�ew, 7948 Eas� River Road, said he was against the rezoning because he didn't want to s�e Mr, DeGardner's business get any bigger in a residential area. Mr. Schmedeke sazd maybe a C-R1 district shouid not have been created�in our ordinance. Zt seems to create business in a residential area. I think people should be informed when they make a request that spot- rezoning isn't allowed. They should develop their business in a commercial area before they try to rezone an R-1 area. � �:- c-'::'c �;azd _.� �ic�i't t:;:-:-`, <:; t__, --�•-- �- _ could � i.:� �n;'�� � cr�zy coulun't :asn for rezoning, � Mr. Schmedeke said he meant they should be advised of the difficulty in obtaining spot rezoning. � � ; ' � ' � � � � � Planning Coumnission Meeting - March 7, 1973 •�• Mr. Minish asked Mr. Clark if the City was aware of the illegal nature of Mr. DeGardner's operation before this meeting. 7� 3 Mr. Clark said no. He said we knew Mr. DeGardner was in business but were not aware he was hiring people who were officed in his home. Mr. Erickson said the City does not go around policing home businesses unless there is a complaint. There have been no complaints on Mr. DeGardner's operation until tonight. The neighbors seem satisfied with Mr. DeGardner. They just don't want him to expand or rezone. MOTION by Fitzpatrick, seconded by Zeglen, that the Planning Commission close the Public Hearing on rezoning request ZOA ��73-02, by Robert DeGardner to rezone Lots 22 through 25, Block 7, Spring Brook Park Addition, to rezone from R-1 to C-R1. Upon a voice vote, alI voting aye, the motion carried unanimously. MOTION by Minish, seconded by Fitzgatrick, that the PZanning Commission recommend to the City Council denial of the rezoning request ZOA ��73-02, by Robert D. DeGardne�, to rezone Lots 22 thro�gh 25, ea.e�pt the Glesterly' 60 feet, Block 7, Spring Brook Park Addition, from R-1 (single family dwelling areas) to C-R1 (general office and limited business), because this business was developed contrary to the home occupation ordinance and if we grant this request we would be sanctioning violafion of our Code. Mr. Erickson said he was asking for rezoning so he could expand and run his business legally. � Mr. Minish said he thought this was thP wrong way to go about it. We would be granting de facto rezoning to something developed illegally. I think the character of the neighborhood is residzntial. � � Mr. Erickson said he would have to go along with the motion, but he thought it was unfortunate that Mr. DeGard�zer wasn't aware his business was in violation of the home occupation ordinaizce. I think it is possible that,in time, all East River Road will be zoned commercial, but I don't think it should be started on one piece of property. This may work a hardship on Mr. DeGardner and i don't feel it's his fault. UPON A VOICE VOTE, a11 voting aye, the motion carried unanimously, , 2. PUBLIC HEARING: SPECIAL USE PERMIT, SP �k73-01, BY STANDARD OIL COMPANY: For installation of a drive-in back-out car wash unit in the existing stall of a service station. " � � Representing Standard Oil were, Mr. Harland McGregor, Real Estate Department, Mr. Fred Housenga, Engineer, Mr. Albert La%e, Sales Representative and Mr. Robert Rabe, operator of the service station at 7609 University Avenue N,E, • ..:���_; o;• S.,t:..= --_ , s_cc�__�1 �: :`_�___�_., �..�t th� 'i�:.nin� :,'...._._�.._�:: waive the reading of�the Public Hearing notice on the`special use permit , SP ��73-01, by Stand�:.rd OiI Company, for installa�ion of a car wash u.nit. Upon a voice vote, all voting aye, the motion carried unanimously. �` � � � � ___. -- � LJ L_ � � , � � � � � � . _ 7C Planning Co�ission Meeting - March 7t 19�3 'age 4 Mr. McGregor said rather than make a presentation, he would answer aap questions the Cammission had. Mr. Erickson said as he understood the request, you want to install -�-a car washing machine in an existing stall. Mr. Erickson asked Mr. Clark if this was one of the requirements of the ordinance. Mr. Clark said the service station definition doesn�t allow a car wash unit, so - ---ft has to come under a Special Use Permit, Mr. McGregor said that because the station used the Spring Lake Park ---�-sewer facilities, they had talked to Spring Lake Park and they had no objection to the car wash. . Mr. Minish asked the purpose of installing the car wash. Mr. McGregor said it was an inducement to create more business. We have instaZled 96 of these units in the �Ietropolitan area and subtirbs and have shown a 30% increase in business where we have installed these units. ^ Mr. Schmedeke said we have a car wash business a few blocks away and I frown upon putting another car wash operation so close. Mr. McGregor said this was just a quick wash and the cars came out wet. They are not dried or vacuumed on the inside as at a regular car -wash . Mr. Rab� said the businesses. in the shopping center were in favor _ of the car wash because they thought it would help draw people to the shogping center. Mr. Schmedeke waudered if the property owner would be in favor, because it could lead to icing conditions ore the common driveway, when . the cars come out wet. Mr. Zeglen°said as this station is quite new, why wasn't Che car wash,unit put in when the station was built. Mr. McGregor said it probably should have b�een put in then, but these units weren't so popular whan the station was planned. Mr. Minish asked t�:e economic effect of this car �aash. If you aren't able to put this in, will the station survive. :ir, McGregor said he thought it wouid. Mr. Erickson asked what per cent of the time they were busy in � both bays of the station. Mr. Rabe said they ha�e only been open since November 21, 1972. In the winter they use both bays most of the time. The colder the weather, the more both bays were used. Otherwise, the bay with the hoist was used the most. He didn't think this would pose � anr Dinhl fir� l�aC�tice s-i-..�i, �Zr7.-• tt L":*...r�+- - ��' �. `^ -"?^t ,_r G'�,.' ��. -. � � Mr. Fitzpatrick asked how they would charge for this service, Mr. McGregor said it would be free with a fi2Z of gasoline, � � �� . ---. - � . _ .. .,,,,�� - , 7D Planning Commission Meeting - March 7, 1973 Page 5 MOTION by Schmedeke, seconded by Zeglen, that the Planning Commission � close the PubZic Hearing on Specia1 Use Permit, SP ��73-01, by Standard Oil Company, for installation of a car wash unit. Upon a voice vote, all voting aqe, the motion carried unanimously. � �J Mr. Schmedeke said he favored denial of the request because he hadn't been in favor of another service station on University Avenue; of the icing conditions that might occur; and because there is a car wash operation not over '� mile from this station. Mr. McGregor said that because there was a station in Fridley with a car wash unit, he would request that everyone be treated equally and allow them �o have a unit a2so. � _ Mr. Minish said this was the second request for a car wash unit � we have had recently and the other request was denied. He said he was sure we would see more of these requests and he quoted an excerpt from an article from Forbes magazine that stated that 100,000 stations could � be do�ed over the next decade because of over expansion, � � � � � � � � � Mr. Erickson said this Commission voted against allowing a service etation at this location so it is only consistent with our feelings that this request be denied. MOTION by Schmedeke, seconded by Zeglen, that the Planning Commission recommend to Council denial of the request for a Special Use Permit, SP ��73-01, bq Standard Oil Company, for installation of a drive in-back out car wash unit in the existing stall of a service station. Upon a voice vote, Erickson, Fitzpatrick, Schmedeke, Zeglen, voting aye, riinish voting nay, ihe motion carried. MOTION by Minish, seconded by Fitzpatrick, to have the report from the Forbes magazine inserted in the minutes. rir. Minish felt this report should be considered before allowing any more service stations in Fridley. Upon a voice vote, a21 voting aye, the motion carried unanimously. From Forbes magazine Is your friendly neighbor- hood service station going the way of the corner ci- gar store and the mom- and-gop grocer? It Iooks that way. Mobit and Shell Oil have about IO,OOD few- er gasoline stations today than they did in 1960. While gasoline consump- tion has been �oing up steadiiy. the number of �n�-•:..n c•,,.t`l, 1�" `t"' t.'.�. '_ __.. ... "The gasoline-station pop- ulation of the country is probahly overbuilt by 100 percent" says Albert An- ton. the highly respected senior oil analyst at �VaII Street's Carl H. Pforzhei- mer & Co. Tf these esti- mates are correct, some- thing like 100,000 �asotine stations could be doomed over the neYt decade or so, an investment of bil- lions of dollars. Why? Fssentially because most of them are too ,. .�.� . .. ' . . . . ". �. . !. ' ' . . _..._., . . _ .. ._ S.... ! ... I . . ..... ,. _. majors get trapYed in a basically inefficient disiri- bution network, ��ith as manv as three or four smail stations all fightin� t'or a limited amount �f business? It was the iemp- iation of cheap cnide oil. There was so much money in the oii itsclf that the majors didn't much mind losing some money at the retai[ en�i so ton� as they couid move all the oil they couId produce. But cheap oil has succumbed to dc�- mestic scarcity and Arab nationalism. Volume for volume's sake is no longcr profitable. .. ., � _.. . �iCs'.�; � , i�'r IO L�.-� i�-.�;.'iC i! ;:t;° �;i Americana as the friendly local station �ocs the way of Life magazine, doctors' house calls and homemade ice cream. � � � � � � �� � � � � � i � I � PlanninQ Commission Meeting - March 7, 1973 %'E 6 3. PLBLIC HEARI�TG: REZONING REQUEST, ZOA �'73-03, BY SAMUEL TEMPLIN: � To rezone Lots 1 and 2, 39 through 42, Block 6, Fridley Park Addition, from R-1 (single fa�ily dweZling areas) to R-3, (general multiple family dwellings� for townhouses. Mr. Sam Templin was present. MOTION by Fitzpatrick, seconded by Schmedeke, that the Planning •Car�ission waive the reading of the Public Hearing notice on the rezoning requesr ZOA ��73-03, iry Samuel Templin, to rezone Lots 1, Z, 39 through 42, Block 6, Fridley Park Addition, from R-1 to R-3. Upon a voice vote, all voting aye, the motioaa carried unanimously. Mr. Clark said these can't be called townhouses because the property doesn't have the acreage required for townhouses. When you see the plans you will see they are a townhouse type of construction, Mr. Erickson said the plan shown has a four unit building facing Rice Creek Way and a five unit building facing East River Road. Mr. Erickson asked Mr. Templin where the entrances would be. Mr. Templin said the entrance would be between the two units coming out on Rice Creek Way. Iie said he had talked to the County Commissioner and he said they didn't want any entrances on East River Road. Mr. Erickson aske..d if these would be rental units. Mr. Templin said � � ghey would. He said he hadn`t checked with the City or the Assessor to see if they could be s�old individually. ' Mr. Erickson askeci how many square feet are invalved in this property. Mr. Templin said it was about 33,000 square feet. Mr. Templin said he felt that the rezoning request for East River Road was the best use for the property. Mr. Don Smith, 82 Rice Creek Way, wondered if everyone understood the project Mr. Templin is proposing. Mr. Erickson ans�ered that he understands that Mr. Templin wants to build two buildings; one with four units and one with five units. The four unit building wiil face Rice Creek Way and the five unit building will face East River Road Gtith a co�non driveway on Rice Creek Way. The buildin�s wi11 be rental. He said he was sure that all the people present were familiar with the Iand and it c�rould appear it would have to be filled rather ex- tensively. Richard Larson, 65 80 iiickory Street N.E,, said to him R-3 was a nasty word. It's like a disease. We have apartments behind us now and we have nothing but migrant type individuals living in them, They seem to have more do�s than oeoPle. Zf voti �aar* R-2 0^ ='^�* ^;•,�.r r-,-t � �� • ,,,. , , _ - • •- _ ; � .,.ii:i� �_-:' ��i .. , ... .- -- ' . -. , . , : . •: .. . .. __ , .. . . "- - : .•'- �` _ . •'"--.. _ �_ ��-... :��:�. . . : .� -. ...�'._ __ � -,.�::_: . . ticiiZii:. �iP. S].SO Shcd :3t. C9UIC�il�t llII3oli1E: 1:1Ci:Uiy �tr�:�t ever �'Olilb 1Z-.S, — 7 F. Pianning Commission Meeting - March 7, 1973 Page 7 Fred Halverson, 85 Rice Creek Way N.E „ said one of the things we did check when we bought our home was that there was R-1 zoning around us. To the best of my knowledge•, this is the fourth time this property has come up for question or rezoning, if the Commission starts allowing rezoning, it will keep encroaching on residential areas. I'm not concerned about rezoning on East River Road, because of all the traffic. He asked if these units had to €ace Rice Creek Way ar couid they face Hickory. Mr. Erickson said it was possible the units could face Hickory. Mr, Halverson said he wouldn't want any units facing his property. He was also concerned about the maintenance of rental property. Mr. Erickson asked Mr. Templin why he doesn't feel he can build on this property as it is presently zoned. Mr. Templin said this property has been sitting idle for years, and if any developer felt this was a good site for homes, it would have been built on long ago. I personally feel it would be a mistake to keep this area zoned R-1. Mr. Erickson asked if Mr. TempZin didn't think Lots l and 2 couZdn't be built single family. Mr. Templin said if he builds houses on these lots, the back of the five unit building would be behind them. I thought a long time of the best way to use the praperty and this is the plan T decided on. Mr. Erickson asked if the peop2e had any suggestions on how this property should be used, Mrs. I.arson aud Don ,Tohnson, b600 Hickory Street N.E., said there wasn`t any park in the area and this is what they would like it used for. . Mr, Erickson said he had heard before about a need for a park in this area, but the property is in the hands of a private developer now. � Mr. Larson said he questioned why �re have to have every piece of land filled up right now. He said as time goes by, something would fit on this property that would satisfy both the neighborhood and the developer. � i � � � � � � Mr. Erickson said this is one of the problems of both the Planning Commission and the Council. There is vacant land in an area, and people want it left thaC way. But someone is paying taxes on the land and they do have a right to use it. John Swingdorf, 90 Rice Creek Way N.E., said he thought we should go along �vith the rezoning on East River Road, but not on Hickory Streer. I think we should be able to make some sort of compromise. Mr. Erickson said the Coumiission does have the authority to rezone a portion of the property and leave the rest as zoned. Mr, Richard French, 1469 Gardena Avenue N,E,, said he doesn't live in the area, but is member of a Subcommittee, and has h�en listPr�r.� ro � ��_ .�, .,. : .. _ _ _ _. ; 4.::.. V .�.•..� ai.,�� ..... : ._�.�. .i �- -'� .. . _. _ ._ . T�:�Gr� ti1�: ? pts o:. ;� __ � i.,�, =t '.. _ _.. . . . � � _ -��� .;I _ _ _. _. .1C O: _L. �115 .:!�. .__ _.,- lots on Hickory zoned R-2. � � , � � � 1 IJ � � � i � , � _ : 7G Planning Coumiission Meeting - March 7, 1973 Page 8 Allen Bergquist said he is building a home at 77 Rice Creek 4day, so he is new to Fridley, but he would agree to Mr. French�s proposal. Chairman Erickson said he would suggest that the Public Hearing _ be continued until the next meeting to give the petitioner and the people in the area:.time to think it over. _ ,____ __ MOTION by Fitzpatrick, seconded by Minish, that the Planning Commission continue the Public Hearing on rezonino request ��'73-03, by Samuel Templin, to rezone from R-Z(single family dwel2ing ar�as)to R-3 (general multiple _.__ - family dwellings) Lots 1 and 2, and Lots 39 through 42, Block 6, Fridley Park Addition, until March 21, 1973. Upon a voice vote, all voting aye, the motibn carried unanimously. �- 4. VACATI�N REQUEST: SAV �k73-02, BY SAMUEL TEMPLZN: Vacate the North/ South alley in Block 6, Fridley Park Addition. Mr. Schmedeke said the Plats & Subdivisions-Streets & Utilities Subcommittee recommended approval of vacation request SAV ��'73-02, by �--- ------Samuel Templin, to vacate the North/South alley in Block 6, Fridley Park Addi�ion, subject to a 12 foot utility easement being retained. -Mx:-Clark said there was encroachment on this alley by a cemetery. Mr. Minnish said that because Mr. Templin's plans could be subject - - __ -- - _-- . to change, he would like to see the vacation request continued with the rezoning request. . � MOTION by Fitzpatrick, seconded by Schmedeke, that the Planning Commission continue vacation request, SAV ��73-02, by Samuel Templin, to vacate the North/South aZley in B1ock 6, Fridley Park Addition, until March 21, 1973. Upon a voice vote, all voting aye, the motion carried unanimously. 5. PUBLIC fiEARING: REZODTING REOUEST, ZO? ��73-04, BY NORTH AIR HO?-� ASSOCIATION: To rezone from R-3 (general multiple family dweilings) 'to C-2 (general business areas) Lot 1, Block 1, Harstad Addition; and the Sout�herly 150 feet of Lot Z8, Brookv3ew Addition, subject to road easement over South SO feet, �a bring it up to right code classification. (Knights of Columbus) Mr. Richard Schintgen and Mr. Richard French representing North Air Home Association and the Knights of Columbus were present. MOTION by Fitzpatrick, seconded by Minish, that the Planning Com�;ission � waive the reading of the Public Hearing notice of the rezoning request, ZOA �73-04, by North Air Home Association, to rezone from R-3 to C-2 Lot 1, Block 1, Harstad Addition, and the Southerly 150 feet of Lot 1$, � Brookview Addition, subject to road easement over South SO feet. Upon - . , .-, . , ,;_ _ ,. , - _ _. _ _ .., . __ , _ .._. _ - - _ ._ , � .. .- - _ ,-� -_ ....__�_ �- --_ _ ...__ -- . J � Chairman Erickson asked how this property was built in this zor.ing classification, � � � � � � � � 7H Plaunin� Commission Meeting - March 7 1973 PaQe 9 Mr. Clark said it was built under a Special Use Permit. Now, under the ordinance, it cannot expand because it is a non-conforming use. Mr. Schintgen said they wanted to add a �0'x.24' addition to the building to be used for storage, Mr. French said this addition wouZd not increase the business portion of the Knights of Columbus. He said we are sadly in need of storage space and office space. Mr. Erickson asked if the plan presented was on an old print or if this was a new proposal. Mr. Clark said it was an old print, but Administrati� had realigned the parking spaces, and:marked off 20 foot setbacks, which are required by �he ordinance. This would mean the utilization of a parking area they have recently purchased, and the tak'_ng up of some surfacing, to maintain the proper setbacks, � Mr. French said they have delayed in surfacing the new parking lot because it required a lot of fill and they want this to settle before it is surfaced. Mr. Minish asked what they would be storing in the addition. Mr. � Freach said they would be storing items used in connection with a hall they rent out for wedding receptions, etc, These items are such things as chairs, tables and utensils. As the number of people attending these I functionsshow great variation, we do have a storage problem, These items can't be kept in any kind of order and are not taken care..of properiy. Mr. Minish asked where this equipment is stored now. Mr. French said it was piled anywhere we can push it i:�. We Iost some storage areas when rest roorns caere installed in the basement. Mrs. Adele Swanson, 6663 Lucia Lane N.E., said she was against the C-2 rezoning. She said she did not object to the Knights of Columbus being in this area. 'Mr. Robert Minder, Suburban Engineering, said he was against the rezoning. He thought there should be some other way of handling this besides rezoning the property to C-2. This gets back to spot rezoning. There is a lot between this property and mine, and I wouldn't want sameone to be able to come in and rezone this lot because the Knights of Col.umbus property had been rezoned. There should be some other way this property could build its addition without rezoning. Mrs. Swanson said if, for some reason, thi.s property was sold and it was zoned C-2, then something quite c�ifferent could use this property. Chairman Erickson said that was correct. Mr. Zeglen asked Mr. Minder what he went through to get his addition. � +,�,- * .? ,,. � � ., ; ,? �, -. . � _. . � � t, - _ "'_i:` * ..�. :1C,' �:o.._�CG .._:? _ �. , _ _ ._, . _ _ ._� __ � � � ' � _ � ..i+ Plannin Commission Meetin - March 7 1973 Page 10 Chairman Erickson said that both these buildings are the same. They were both built under a Special Use Permit and they both have requested an addition. Both should be handled the same. Mr. Clark said he feels they should be handled the same, also. At the time Mr. Minder got his permit, I wasn't involved in it, so I don't know why it could be handled this way, As far as the ordinance, they both should have asked for rezoning. I feel the way Mr. Minder went is the easiest to handle, and the most proper way, but the ordinance doesn't allow this, as I interpret it. Mr. Erickson asked if there was any way this could be handled by the Board of Appeals. Mr. Clark said they could ask for a code interpretation. Mr. Erickson said there are three choices involved here. One is to � rezone. The second choice is go to the Board of Appeals and see if the addition could be built under an appeal, or third, get into our ordinance something that would permit alterations or improvements on a building that is under a legal non-conforming use. Nobody seems to want the rezoning, � including the petitioner. All he uants is permission to build an addition. Chairman Erickson said if it is � petitioner, I would like to see this from the City Attorney as to whether the $oard of Appeals, and if he says � amendment to our ordinance to permit Use Permit. agreeable with the Commission and the tabled until we can get an opinion or not this can be handled through no, if he can't then write an 5omething like this under a Special 1 MOTION by Schmedeke, seconded by Ze�len, that the Planning Commission continue the rezoning request, Z0A �r73-C4, by North Air Home Assoc�ation, '�o rezone from R-3 (general multiple family dwellings) to C-2 (general business areas) Lot l, Block 1, Harstad Addition, and the Southerly 150 1 feet of Lot 18, Brookview Addition, subject to road easement over South 50 feet, until March 21, 1973. Upon a voice vote, all voting aye, the motion carried ur.animously. � � 6. RETURNED BY COUNCIL: SPECIAL USE PER�IIT SP ��72-19, BY FRANK GAE?tELCIK: To continue the existing �se as a Used Car Lot and conduct an Ir�side Repair Garage Shop, to be located on Lots 6 through 10, Block 28, Hyde Park Addition, and expand the Use to Lots 12 and 13, Block 2, City View Addition, per City Code 45.101, 3B, D an �. Mr. Frank Gabrelcik was present. Mr::Clark said Mr. Gabrelcik �aas asked by the Council to come back , to the Planning Com:nission and supply the information the Commission had requested, Mr. Gabrelcik did bring in copies of deeds to the property. The deeds or contract for deeds are for Lots 6 through 10, Block 28, Hyde 1 Pa:k Addition,'and Lots 12 and✓13, B2ock 2, Cit� V�e�� qd� t-;�n, '�••-. r+' . �_ , .-•_ _ .. , � �J a � Plann n _ .. .- � � i g Cammission Meeting March 7, 1973 Page 11 � C� ' � � ' � �� � r _. � ' � i � � MOTION by Fitzpatrick, seconded by Zeglen, that the Planning Commission r•eopen the Public Hearing on the Special Use Permit, SP ��72-19, by Frank Gabrelcik, to continue the existing Use as a Used Car Lot and conduct an Inside Repair Garage Shop, to be located on Lots 6 through 10, Block 28, Hyde Park Addition, and expand the Use to Lots 12 and 13, Block 2, City View Addition, per City �Code 45.101, 3 B, D and G. Upon a voice vote, all voting aye, the motion carried unanimously. Mr. Gabrelcik explained his plot plan to the Commission. Mr. Erickson asked Mr. Gabrelcik if he was proposing to rearrange his parking according to the plan presented. Mr. Gabrelcik said this is about the way the cars are garked now. Mr. Erickson told Mr. Gabrelcik he has cars parked in the aisles at present. He asked how long the cars would remain in the aisles. Mr. Gabrelcik said they would be there until he got the cars repaired or sold. � Mr. Minish said s ame of the contractsfor deeds were dated 1970. Mr. Gabrelcik said he has been using the property for 15 years, but just purchased the land in 1970 from Carl Sorenson. Mr. Erickson asked when the building was constructed on his property. Mr. Gabrelcik said the building was about 15 years old. Mr. Erickson asked how many parking spaces are provided on the plan. Mr. Clark said there were 54. Mr. Erickson asked Mr. Gabrelcik how many cars he has on the lot_ Mr. Gabrelcik sa;.d about 70. Mr. Clark said there was an error on the presented p�an in that the South driveway couldn`t be located as show'n. Mr. Schmedeke said we are only considering the property South of 58th Avenue now. He said he wasn't opposed to this request, but there has to be clean-up of the property. Mr. Schmedeke said there is a road going by the property now, so it is visible from the street. He said he would like to see a survey made of. this parcel, and I would like to stipulate that 58th Avenue be continued as a street until the street plan for the area�is determined. If a street doesn't go in, Mr. Gabrelcik should have first chance to obtain the property. Mr. Schmedeke said that in regard to Mr. Gabrelcik's glan, he would like to see some plantings and shrubs in the front of the building. I think we are trying to be as minimal as possible. Mr. Minish asked w�at would happen to `1r. Gabrelci'r:'s operation if the Special Use wasn't granted. Mr. Clark said this Special Use Pera�it was asked for by the Council the last time Mr. Gabrelcir:'s license came up for renewal. I thiuk it was the hope of the Council that in obtainir.g the Special Use Permit, the business area could be better arranged and cleaned up. : . ._ :: _ _ _. _. � - : - �- , � ; ,- , _ - ho�•� loii� does a �peciai lise Permit iast. :•ir. Ciark said you can,s�4ciiy ' how l�c�g a period it c overs. Mr. Gabrelcik needs a Special Use Perr:iit to enlarge his use of the property as a stipulation of nis license renewal � ! _� ' � � ' � , � � Planning Commission Meeting - March 7, 1973 Pa�e 12 Mr. Gabrelcik said he was given permission to use 200 feet of his property for a used car lot in 1971. Mr. Erickson said that according to the legal descriptions of Mr. Gabrelcik's property, this letter covers the five lots in Hyde Park. MOTION by Fitzpatrick, seconded by Zeglen, that the Planning Cou�ission close the Public Hearing on special use permit, SP �A72-19, by Frank Gabrelcik, to continue the existing Use as a Used Car Lot and conduct an Inside Repair Garage Shop, to be located on Lots 6 through 10, Block 28, Hyde Park Addition, and to expand the Use to Lots 12 and 13, Block 2, City View Addition. Upon a voice vote, a11 voting aye, the motion carried unanimously. , Mr. Erickson said if the Commission did recommend approval of this Special Use Permit, we can put enough stipulations into it so that in �� say, three months time, if it isn't cleaned up or whatever we want done, the Special Use can be withdrawn. � Mr. Clark said that before any stipulations were made he would like to make some comments because they do pertain co the Code. According to the Code you cannot park less than 20 feet from any right of way. On � Mr. Gabrelcik's plan, he is parking right up to ihe property line on 3rd Street an�i 58th Avenue. Mr, Erickson said one stall could be taken out on 3rd Street and this would get the cars at least 10 feet away from the street there. He didn't think it was so important on 58th Avenue, Ibecause there wasn't any traffic there. Mr, Clark said he agreed with Mr. Erickson because it wasn't too practical to try and ge't this business to me�t all the Code requirements. Mr. Minish asked if the boulevard would be sodded. Mr. Clark said that could be a stipulation, and also if this is going to continue to be a car lot, you could stipulate, that over a period of time there be hard surfacing of the lot and some plantings. Mr. Erickson said the license is renew�d annually so the stipulations of the Special Use Permit can be reviewed annually. MOTION by Minish, seconded by Zeglen, that the Planning Commission recommend to Council approval of the Special Use Permit, SP ��72-19, by Frank Gabrelcik, to continue the existing Use as a Used Car Lot and conduct an Inside Repair Garage Shop, to be located on Lots 6 through 10, Block 28, Hyde Park Addition, and expand the Use to Lots 12 and 13, Block 2, City View Addition, per City Code 45.101, 3 B, D and G, with the foxlowing stipulations: 1. The area cleaned up-and cars parked as shown on the plan. A 6 foot redwood fence used around the storage area on the plan. No parking on 58th Avenue. This is to be accomplished in 90 days. ' • -- -- ���,� � �: _ , __: �_ . . --- - r = _ _ H11C�i dT'S1I'i21� U::d �C�::�c i:�'�C OZ Si1TIuiE; tit;�:Li�it.Iii, J:1 CC1G �3IK1.^.b iUt. Provide landscaping. 3. At the end of two years (1975=1976), the parking lot should be blacktopped an3 curbing be put in. : . .� � � . .. � , � Planning Commission Meetin� - March 7, 1973 Page 13 4. Lots 12 and 13, Block 2, City View Addition, not be included in the request: 5. No cars will be visible on the Iot that are not for sale or operable. UPON A VOICE VOTE, all voting aye, the motion carried unanimously. , 7. VACATION REQUEST: SAV �k73-03, BY LAWRENCE MUGGLI: Vacate unused portion of Lots 29 and 30, Hyde Park Addition, the unused portion all being South of 60th Avenue Slip-off. � Mr. Lawrence Muggli was present. � Mr. Schmedeke said this vacation request was before the Plats & Subdivisions-Streets & Utilities Subcommittee a week ago. The Subcou�ittee recommended to the Planning Commission denial of this request at this time , with the following stipulations: 1. That Lot 30 never be sold. 2. That Lot 29 not be sold until traffic pattern is solved. 3. The buyer be charged at least as much per square foot as the � people in the area paid. for this parcel. 4. That this parcel be sodded and planted into evergreens, including . the 12 foot alley attached to the East end of these two lots. 1 5. That the opposite triangular parcel created by this street, be treated in a similar fashion of sodding and evergreens. 6. That the present alley should be plowed and reasonablL , maintained up and includr.ng Lot 28, because of its location along Fridley's main expressway, Highway ��47. � ' ' , � ' � � Mr. Schmedeke said he wanted to make some comments on the January 22, 1973 Council minutes on the discussion with Mr. Muggli.. Councilman Nee asked Mr. Muggli how he was going to use the property. Mr. Muggli stated he had no special use for the property at the present time, rSr. Nee suggested that evergreens be planted for a softening affect in this area. Mr. Muggli also stated that people are using this alley and drive through his property. The City has put up a dead end sign and this has eliminated that problem. Councilman Utter said he wanted tne loopback and obj�cted to the City selling the property. Mr. Schmedeke said he agreed with both Councilmen. Mr. Mugglie said he started this request to find out the standing of the plan for this street. He said that if this parcel was ever available he would like first chance to obtain it. Mr. Muggli said he was the only property owner that could use this parcel. He said that if he ever sold his property, for some reason, he would want who ever owned his property, to have first chance on this parcel. Mr. Clark said it could be put in the City record to notif_y the owner adjoining this parcel if at an�; *ime l�r. Erickson said it would be possible this parcel could be so�3 by resolution. ' � LJ � � �� � � ' . __-. .��� Planning Commission Meetin� - March 7, i973 Page 14 MOTION by Schmedeke, seconded by Zeglen, that the Planning Commission recommend to the Council�denial of the vacation request, SAV �k73-03, by Lawrence Muggli, at this time, to vacate the unused portion of Lots 29 and 30, Hyde Park Addition, the unused portion all being South of 60th Street Slip-off, with the following stipulations: 1. That Lot 30 never be so1d. 2. That Lot 29 not be sold until traffic pattern is solved. 3. The buyer be charged at least as much per square foot as the people in the area paid for this parcel. 4. That this parcel be sodded and planted into evergreens, including the 12 foot alley attached to the East end of these two lots. 5. That the opposite triangular parcel created by this street, be treated in a similar fashion of sodding and evergreens. 6. That the present alley should be plowed and reasonably maintained up and including Lot 28, because of i�s location al�ng Fridley's main expressway, Highway �� 47. 7. Owners of Lots 27 and 28, Block 12, Hyde Park Ad3ition, be 1 notified if this property is ever available and this be noted on the City records. , � , � , , I ' UPON A VOICE VOTE, all voting aye, the motion carried unanimously. 8. LOT SFLIT REQUEST: LaS. ��7:;-03, A�*iBEP. CONS?'RUCTIO'd CO�IPAh'Y: Sp? it off the North 20 feet of Lot 1, Block 1, [dorrei's addition, an3 add it to Lot 18, Block 1, Amber Oaks Addition, to make a�� foot lot ' a buildable site. Mr. Roger Sevre and Norman Dahlberg were present. Mr. Schmedeke said that the Plats & Subdivisions-Streets & Utilities Subcommittee recommended to the Planning Co�nmission approval af lot split request, LoS, ��73-03, Amber Construction Company, to spi.it off the PJorth 20 feet of Lot 1, Block i, Worrel's Addition, and add it t� Lot 18, Block 1, Amber Oaks Addition. Mr. Erickson asked how far the existing garage on Lot 1, Block 1, Worrel�s Addition, was from the lot line. Nir. Clark said it was about 10 feet. Mr. Erickson said this was a single garage and what would happen if someone would want to expand this to a double �arage, rlr. Clark said, as far as the City is concerned, they would rather have that problem than have someone build on a 50 foot lot, rir. Clzrk said the ., ,. .. _.. �,.,, , . _ _.._ ,.; ._ _ ,�_,, ,: :. - � , -� - - � ,.. .. t., -. , . _ : � i �� Planning Commission Meeting -�March 7, 1973 page 15 � MOTION by Schmedeke, seconded by Fitzpatrick, that the Planning Com�ission recoummend to Council approval of Iot split request, L,S; ��73-02, by Amber Construction Company, to split off the North 20 feet of Lot 1, , Block 1, Worrel's Addition, and add it to Lot 18, Block 1, Amber Oaks Addition, to make a SO foot lot a buiidable site. Upon a voice vote, a1l.voting aye, the motion carried unanimously. � , 9. LOT SPLIT REQUEST: L,S, ��73-04, BY DENNIS C,CZECH: Divide Lot 15, Parcel 1080, Auditor's Subdivision No. 129, into two building sites. Mr. Dennis Czech was present. Mr. Clark said this is part of an old plat that was left out of � Gunderson Terrace, between Onondaga and Fireside. He said Mr. Czech's lot is Z20' x 25 0' and he would like to keep 130 feet on the lot where there is an existing house, to provide a larger back yard, The house . , on Onondaga is 52 �eet back from the property line. The remaining parcel wi21 be 75� x 120', which wiZl be the new building site. Mr. Erickson said this would meet the minimum requirements. Mr. Fitzpatrick said this split isn't in line with the other lots in this block. Mr. Clark said it was off l0 feet so the 10 foot utility easement would all have to be taken off the one lot. Mr. Clark said he would have to check the easements on the other properties, and line the easement up with �he other Zots. MOTION by Minish, seconded by Fitzpatrick, that the P.lanning Commission recommend approval to Council of Iot split request, L.S. �k73-04, by Dennis C. Czech, to divide Lot 15, Parcel ZO$0, Auditor's Subdivision No. 129, into two building sites, subject to the alignment of a 10 foot utility easement on the 130 foot lot. Upon a voice vote, all voting aye, the motion carried unanimously. 10. ARMORY �FERRAL Wi2liam Cheeseman, Adjutant General of the State of Minnesota was present. General Cheeseman said he was here at the request of Mr. Clark to expand or answer any questions the Commission might ha�;e in regard i:o location or site, if a Nati.onal Guard Unzt is established in the City of Fridley, and for your recemmendation to the City Council. Mr. Erickson asked General Cheeseman ho;a �uch land they would need. Generai Cheeseman said they would need a,:,inimum of 5 areas, which is required by Federal directive, and we have to have tee simple title to the property. By we, Z mean the State Armory Building Cou�ission. Mr. Erickson asked who would purchase the nroperty. - -- - . : . ,, �> .._ � ;1. ��;--.._ .._.. ,. . ._ .. �... _. .._. ...�.:. _ _.. ... ,_.._. ii- �.._. .. ._.. . - the State Armorp Commission, who in turn, turn it over to the State of Minnesota. � t , � � , , � � �-o Plannin� Commission MeetinQ - March 7 1973 Page 16 Chairman Erickson asked how large the armory would be. General Cheeseman said it would be approximately 18,000 square feet, with an additional 28,000 square feet used for an asphalt road, sidewalk, parking area, etc.. Mr. Minish asked if the armory would be available for community use. General Cheeseman said civic functions where no profit is made, and it doesn't cost the armory money, there would be no charge for the use. Once the building is up, it doesn't cost the City anything for maintenance or upkeep on the building. If the use does cost the armory money, there would be a rentaZ charge. If the Firemen or Chamber of Commerce were to use it for a dance, for instance, there would be a charge. Mr. Fitzpatrick asked if there �aere gymnasium facilities of any kind. Genera2 Cheeseman said the floor was concrete and the assembly hall was 7,000 square feet. This is large enough for a full basketball court and they do install the baskets. As far as sports are concerned, it would have to be used for intermural sports because there are no facilities for an audience. He said the National Guard would only be using the armory during the , week end, Mr. Fitzpatrick said ther� is a need for recreational areas for the Park Board. General Cheeseman said the armories have been used for this purpose and there are locker room and shower faciliti�s. General Cheeseman said the Federal Government pays 75% of the cost of the construction of an armory, withi� the specifications they set up by military ordinance. That leaves 25/o which actually gets to be abaut 30Pto, that they won't pr�vide, that must be paid by the community and the State. The State puts money in its appropriations and this money is for a new armory to lease the facilities from the State Armory Building Commission, The armory does not belong to our department. That money goes into paying off the bonds. Also there is a payment by the community, as proviaed for by law, in regard to tax levy on taxable property. This is payment by the City, to retire the armory bond, General Cheeseman said, in Fair�ont, Minnesota, where they just built a new armory, it�will cost that City $6,000 a year for about 23 years. There is a basic plan for an armory, and this particular armory, was �r�ore expensive than most. They asked for additions, and �very City has different requiremet.t: We can add anything that the army can share the use. �de had to turn down one request for an armory because they wanted an ice arena in connection with the armory and this cannot be considered a shared use. Mr. Erickson said, in essence, the City is buying a piece of a building and if they want to use it, there would be some fee for using it. General Cheeseman said he thought it should be brought out that this will be Fridley's Guard Unit, and so was a part of the ceaununity. The charge for civi.c use _ would be very minimal , iust the cos*_ �f c?��n->>�, 1� ^'�+-� ,�nd ?���* � r ' 3 :: =c'_ ! C E'. L, i. c.t 1 c �:' `v: O l: I Cl b E: ;� ! 7 . L� �.; , - _ _ _ . _ . .. .. . . - _ . _ � �-� Planning Commission Meeting - March 7 1973 Page 17 Mr. Erickson asked how much equipment would be stored on the property. General Cheeseman said that would depend upon the type of unit, but it would be vehicular equip�ent. Mr. Minish asked if our code calls for storage of all equipmeut, how this wouid be handled. General Cheeseman said this is what he meant that by meeting the requirements of different cities, the cost of the building could vary. General Cheeseman said that out of twenty communities, we only want an armory in five of them. Mr. Erickson asked how many men would use the armory. General Cheeseman said a single unit armory has 120 men. General Cheeseman said we do need highway access and should be able to move our equipment without driving on residentzal streets. We also need all the utilities. There must be sewer and water available. Chairman Erickson asked if General Cheeseman had looked at any sites in Fridley. General Cheeseman said he hasn�t looked at any sites. He said we are making it known we want to locate five armories in the Minneapolis azea,. If a community shows an interest in havzng an armory and there is some sort of a commitment from the Council to support an armory, which he said is quite intangible. He said he didn't want to wave the flag, but it needs the patriotic an d univeral support of the community. He ssid the Council has shown an interest by referring this to the Planning Commission. He said a site should be selected and ear marked�f-or an armQr�. Th�e should be no transfer of property until a request goes into the Federal Government for an armory to be located here. Mr. Erickson said if the City Cour�cil said; we want an armory at some designated location, then how long would it take. General Cheeseman said it takes some time. They are working on a ten year plan. He said the City would get a letter saying it is our plan and program to build an armory in Fridley, ard give them a firm year. He said the Council would then be asked to appoint a citizen's committee that would work with someone from the military, appointed by the Governor. Mr. Schmedeke asked if they are meeting with other suburbs also, General Cheeseman said they felt that Fridley would be a good location for an armory. � Chairman Erickson thanked General Cheeseman for co:�ing. 11. REVIEW OF MINUTES ON ZOA 4�72-1I and SP ��72-18, UNION OIL COMPADTI' , .,.. r .- ,. + _ - _ -' _ . : - . . . . _. . _ ; _. _. - .. , :. . _ .. . _ ; �,� _ . � -L : "�._. LC. . _: , . � : : .._ ' _ . . . . . __. ..,_.... ... _� ._, ._ _ �.. .. .._ ._. .: ..�. ; i.,. . �,...�:: � �_. . , ttit3 �iI O�OS:�i . _ _ . _ _ . Mr. Erickson said they did understand the proposal., but the traffic solution presented with the proposal caused a lot of controversy at the Public Hearing. The Planning Commission also felt there could be a better solution. 9 i 1 � " �� � � . . � - : 7- � r__ Planning Commission MeetinQ - March 7, 1973 Page 18 Mr. Minish felt a better plan could be made if the City were willing to spend some money at the intersection. He felt this was a bargain- basement solution, • Mr. Fitzpatrick said he wasn't convinced this was a problem intersection, � and thought the problem was mostly one of convenience. He said if we have a problem intersecion here, it should be solved without typing it in with what Union Oil would agree to. , , ' ' Mr. Schmedeke said it would have helped their recommendation if they had been told that this was the plan Council, Administration and the petitioner had agreed upon. Mr. Clark presented a plan that had some changes in it from the original proposal. Mr. Erickson said he could live with the amended pl.an if there was signal and synchronizatian with the existing signals. Mr. Minish said he thought this was a better plan, but not the optimum plan, The Planning Commission made no recommendation. 12. LETTERS FROM THE METROPOLITAN COUNCIL Chairman Erickson said he had recei:ved two letters from the Metropolitan ' Council. One stated they had received their copies of our proposed comgzehensive plan. There was also a notice of review, that the Metropolitan Council is by law, required to send to the contiquous units of goverment , and alI units of government and special districts that may be affected by the proposal. 14 communities were informed they had the right to review our plan. ' � ' , � � ' ' Chairman Erickson adjourned the meeting at 12:35 A.M. 0 Respectfully submitted, , ' �; � Cl�i %�,�'� � orothy Eve sn, Secretary � 0 i' � � BUILDING STANDARDS-DESIGN CQNTROL SUBCONA�IITTEE MEBTING OF MARCH $. 1973 The m�eting was �alled to order by Chairman Zeglen at 8:15 P.M. M�MB�RS PRESENT: Z��len, Lindblad, �onco, Simoneau ' MBMBERS ABSEN�; Whi�e OTHERS PR�SENT: Jerxo�d Boardman, Planni�g Assistan� MOT�QN by Tanca, Seconded by Lindblad� to ap�rave the minutes of the ' Febxuary 22, 1973 meeting as wxitten. Upon a voice vote all voting ays, the motian passed unanimously. ' 1. , 1 ' Consideration of a re uest to a rove an addition to the resent structure o ort A r Home, ocate on ot loc �arsta ition aut er 15 eet o ot roo view A it�on su - ec_t to roa easement over out e�t; t e same ein� ose o Mx. Richard•Shintgen and Mr. Mark Brenny were �resent to'present the request. Mr, Shintgen said the �resent parking area won't be changed, and � they would be adding a 70" x 24' addition on the East side af the ,buildinQ for storage. Mr. Boardman was concerned about the parking problem. He said ' based 4n the size af the building and havin¢ a 70$ usaQe, there wauld have to be 22S paxking stalls. ' � ' ' • � , � Mr. Shin�g�n said the buildin� capacity a� the upper and lower floors is• SQO, . Mr. Zeglan said based on a 500 capacity, the present 125 parking stalls would be suff�ca.ent. Mr. Shint�en said any additional parking w4uld also be blacktopped. Mr. Zeglen also noxed t�hat the paxking stalls are only 9' x 18', and wi11 have to be brought up to code standards of 10' x 20'. Thexe will also have to be 25' back-up aisles. Bath Mx. Brenny and Mr. Shin�xen agreed. Mr. Zeglen s�id there has been a dxainaae problem,along the South boundary, also known as 68th Place. Mr. Shin�gen said this draina¢e prob�eru was not on their property. :�Ir. Bvaad:nan said rie V.oi.l:.� t.alk to :�1r. Qareshi, City Engineer, on this prUblert. Tt was noted that there is not a 20� setb�ick which should be a pl�ntin� �trip, that poSgibl.� the present blacktanpine covers this area, which is along� the �outh bau�d�xy p,� x�i��,r lot. ! 1 I_ �I ' BU�LDTNG ag�wo ' � �J -DBSIGN CONTROL )MMITTB MEBTING OF MARCH $ �� 1 3 Mr, Shintgcn sa3.d whQn theX constructed the build%ng in 19b5, they we�rs in acc4xdance with the present cade for 1965. Mr. Boardman noted that the ordinance was chanaed in 1969, and they could be asked to bring this up to present standards, even though �t was constructed pxo- perly in 1965. Mr. Tonco da,d not fee7. it was right ta ask ihem to tear out this blacktop. Mr. Simoneau asked what the pxacticality of tearing it out would be. � Mr. Tonco asked fox a land survey to see wher� their lot lins began in re,gards to detexminine whexe the 20' planting axea should end and ths parking lot begin, A suxvey was not available at the meetin¢. ' Mr. Bvardman said to hold an a decision until they work out the � parki.ng lot layaut and pxoperty dispute on the South boundary, and bxing this information into City Ha11. �I U , i , ' ' ' ' � 1 I� ' Mx. Brenny a�d Mr, Shintgen said the addition would match the painted blacks af the �resent building. �' It was also nated that the dQors in the front will be enclosed, with the door to the side.' Mr. Zeglen said safetv £eatures such as safety glass, etc., wc�uld have to be braught up with the Inspection Department. Mr. �renny said a xamp for the handicapped would be provided. Mr. Tanco asked if the landscaping p].an drawn in was the one they would be using. Mr. 8oaxdman said that ha had drawn the �andscaping in, as none was provid�d on the plans, and he wanted to giv� them an idea of what th� Ci.ty wauld like to see, Mr. Bxenn� and Mr. Shint�en aaxeed to bring in a landscaping plan. There is no r�rablem with the dumpsters or lightinA. The cvmm�ttee asked if North Air Homes will be buying any land ta the back of their present structur� and parking area in the future, Mr. Bxenny and Mr. Sh3ntgen said they had contacted the owners, butf they did not want ta sell at �,resent. Therefore they wanted to use precast cuxbin� on the parkin� area along the East boundary. '1Kr. Zeglen said this wduld be fine, as this could be an expansion area in the near futuxe. � MOTZON by Tonco, Seconded by Lindblad, that the Subcommittee � • xecommend ta the Council approval pf ths request to construct an addi- tion on �he present Nvrth Aix Home buildin� and parking lot axaund the building w�.th the follawirig stipulations; , 1 � ' ' I' i_� ' ' ' 8 ,� B�UILDTNG STANDARDS-DSSIGN CONTROL SUBCOMMITTEB MBBTING 0� MARCH 8 197� age t rce 1, 2. �hat parking s�al.��.be bxou$h� up ta currant standaxd size of 10' x 20'. Submi� landscap� plan to the City for approval. 3, Submit suxvey of parking axea along 68th Placs (South baundary) to the �ngineerin� Aepartmsnt far approval.; subject ta di.sputa �af property line, and aisa check an the draa.na�e problem in th� area with Engineexing Department. 4. Addition wi11 be made of the same material and painted � ths same as the present structure. ' UPON A VO�CB VOTF, al�. votins� aye. the motion carried unanimously. � I�I �� ' ' ' ' ' 2. Consideration of a r mac in� �s o � locate . - o�a line drawn Nort �—ot�- �r.om .a oint on 05 utheast corner a T e �.nnesota " 6 �Knvx Avenue Sou uest on at a sa to construct a buildin ot 2 loc ommerce ri¢ t an le to t e Sou Sout line stant o 4 t� same e n 0 Com Re uest Toal ra t nneavalis. Minnesota 5 to be used as a ar 1 �.n ast line o sa S eet West o erce Lane .E. nc. o 30 . ' Mx. William Zbikowski and Mr. Wayne Wormsbecker were present to present theix request. Mr. Zbikowski said the back (West s3d�) and left (South side� oi th� building would be plain, fpr purpose of future expansion. There wi11 b� break-a£i brick around the top of th�e b�lding, . Mr. Tonco felt brsak-off c would nat b� necessary on the reax aad left sides since future expansion will be on these two sides of ths building. Mr. Zeglen wanted to knoM i£ this parcel was bi¢ enough for this expansion. Mr. Zbikowski. said yes, he has 3.8 acres. Mr. Ze�len asked what they would be•manufacturing. � Mr. �bikowski said they Mou�.d be maki.ng tools, dies, jigs and valves. The operation is clean and there would be na pollutian and all dumpsters would b� inside of the building. ' Mr. Zbikowski said they had checked the regulations for M-1 zoning, and had txied to comply with the requirements, He also said the parkin� area behind the building £or the manu£acture workers and the , ' side paxking tor.patron� will be blacktopped. . Mr, 8oaxdman poi.nted out that they only had 20 parking stalls an t�h� ' plan and would need 9 moxe to meat code rec�uixements. Also if the future expansion went through as planned, they would have to have an �dd�t�.on�� �� par�Cing st��,1s fox a total of 104. � ' �• � l _� , ' � � , ��. BUTLDTNG ST.ANDARDS-DESIGIti CONTROL SUBCOMMTTTfiB MBETING OF MARCH 8. 1973 a�e oux , Mx. Tonco Said this could be done by pushinQ the narking area' straiAht bacic to the West of the buildzna anather 60 feet. Mr. Board�a�an saa�d h� would also have ta replace the curb at the driveway entrance w�th an apran. Th$y wauld also be asked to put ppuT�d concrete curb�inA �b" x 18") around the edges of the parking lot and along �he driveway. Mx. Zeglen said that the w3dth af the driWeway was only 24 feet and they wou�.d like to see it 25 feet wide. Therefore, an additional 6 inches an bvth sides of the dra.vewav would be xecommended to correct �ha.s problem. Mr. Zes�len also pointed out that there will have to be a 10 foot radius at the entrance of the drivewav. Mr. Boardaan asked whax tvpe of truck wauld be using the loading dock. Mx. Zbikowski said there is mainlp sma11 truck delivery with an o��asiona� s�mi-truck delivery, Mr, Tonco �a�d with the narking 1ot moved back r.he 60 feet, this Nou1d ga.ve �he semi-trucks and smaller trucks plenty of room fox loading and turnin� around without breakina down the edge of the blacktop. Mx. Baardaan said that thexe would have to be a 6 foot screen , for the loadinu dock because th� loadin$ area is on the side of the building. Mr, Zbikowski aRreed on a 6 foot redwood screen fence. � Mr. Tonco asked Mr. Zbikowski if he agreed with a11 of what had been said as far as the parking 1ot, curlain� changes, loading area and the scxeen fence. Mr. Zbikowski said yes, since it was his anly choice on these mattexs. ' Mr. Lindblad asksd what kind of security liahts would be provided. � � Mx. zbiko�rski said th�xe axe l�axge sensaxy lights on the back of the building aver t�he doors, and six lights on the front of the build- i.ng. This wQU1d g�ve plenty of light far police surveillance. Mx. Ton�o suggested that t�he Sa�th�xly wa11 an the lunch room be st�rai.�ht (wall between lunch room and factory area)-and eliminate the jog in t�he wall. The outsids windows would still be uniiormly spaced. Mr-. ' Zbikowski ar�reed. It was asked if the landscape plan bxought in wauld be the one used. � Mr. Zbikowski thought� it would be. Mx. Zealen said not to put t�he trees an the Sout�h side of the buildin$ as drawn in the plan, s�nce this side �tould be the side for the expansion and �.t wau1�1 be a waste o� trees. ' �Ir. Zbikowski aQreed. The front and North side o� the buildin� will be sodded. The rest of the area now covered by natuxal growth wi11 be maintained y�ar around, , � � Mr� Tonco asked if thex� was a dra�.nage pxoblem. Mr. Boardman said there was not. m ' . . 8D � BUTLUING BTANDARAS-DESIGN CONTROL SUBCOMMITTEE MP.ETING OF MARCH $ 1973 age ve � Mr, Zbikawski said th� outside of xhe building is break-oif bx�ck. � _ _ L . ��^�� � Mr. Tonca said the l�xeak-�ff �rf�c must t�e painted, break-afi brick would be need�d ovex th� pilasters. stucco with but that no Mx. Zbikawski also said the front entrance ta the building would � not be flush with the front autside wall, but wauld protrude. MOTION by Tonco, Seconded by Simonesu, that the Subcommittee � recommend to Council approval oi request ta construct a new building for factory purposes wi�h the fo2lowing stipulatians: I. Parking area be extended 60 feet �o the West for additivnal nine parking stalls needed and create xoom for truck loading and turning around. �� 2. A 6 foot screening wall will bs pxovided between the loadin� area on the side of the building and the street. � 3. The curb will bs replaced with an apron and have a 10 fooL radius at the entrance. , � � � ' r � � � 4. The width of the driveway extended from 24 feet to 25 feet. 5. Poured cnncrete curbing (6" x 18") along the driveway and the edges of the b�ack�on area. 6. The area left and ri�ht of the dxiveway, frant (East) of the buildinQ and the side (North) of zhe building will be sodded. 7.� The a�creage no� bei.ng us�d fax �aarking or building will have natural coverage and wi11 be maintained. UPON A VOICE VOT�, all voting ave, the motioned carried unanimo�sly. Mr. Edwaxd Gogswell of General Television was also present. � His company has put money down in earnest on the lot at 350 63-1/2 Avenue N.�.. Fridley. Mi�,nesota 55432 (back of the Professional 8uildin� and across £rom the drive-thru bank) in speculation o£ being able �o have their business needs az�d the City requixements�answered for an office and studia built there. Mr. Co¢swvell went on to sav thev would employe 1.6 neaple, have 4Q'parking staZ,is, and all af their tower -equipment will be i.nside of the building. Mr. Cogsr�ell's main in�erest was the procedur� hs would have to taks for the builc�ing plans. Mr. Baardman sa�d the first step would be to � bxing his bas,ic preliminaxy plans for the building, exteriox finish, �ar�Cin� area, landscapi.n�, li.ghtin�g and disposal service into his offa.ce any time duxing officQ hourS. Mr. 8oardman wo�uld ,go over then with him and t�hen dix�ct him ta thQ proper Commiss�ons ana meet�.ngs zor appxova�. �t w�� a�.so pointed out �hat General T�l,evisian would have to build at �east SO��e�t to the West oi th� Ea�sterl�► lpt 1ine, due to the iact that � � i �, BUILDING STANDARDS-DESIGN CONTROL SUBCOMMITTE$ MEBTING OF MA.RCH $ 1973 age x General Tel�vi.siQn's Io� abut� a R-Z Zone. Mr. Bo�xdman said this would prabab].y hav� ta gp ta the Boaxd of Appeals. Mr. Ca�sweli was sa�isfied and left, Mr. Simoneau asked i� the dumvster pxoblem, at Sharewood Lounge had been checked into and �ar�ectsd (braught up at the February 22, 1973 meeting). Mr. Baaxdman �aid he believed Inspecta.on loaked into the problem, bu� he wo+�ld r�mind �hem again of the prabiem. Chairman Zegl.en adjourned the meeting .at �Q;10 �'.M. Respect£ully submitted, �� n. . au a. ong, e ary � I � I � , � ! 0 � � � �� THE MINLIT�S aF THE BOARA OF APPFALS SUBCfkQ1ITTEE ETING OF MARCH 13 1973 �ita meeting was call.ed Co order by Chairman Minieh at 7;4Q P.M. I�ERS PRESENT; Mi.ni�h, Crowd�r, Harju , MEMBERS A�S�NTs Wah�bsrg QTHER� PAESEr1Tt Darxel �larl� - Gcamaunity Aevelopmant Adm. � � � ' i � i� LJ � � � , , r � ' � MATION by Haxju ta app�c►ve �.h� Fabtvary 13, 1973 minutea a� written. �econded by Cr�wder. Upon a voice vote, there being no nays, tha motion aarri�d. Mr. & Mre. Kieelin�er were pre�ent ta pre���nt the requeet. They stated thaG Chey would like to conetxuct 1l �F fOOt addltion onta xhe frant o� thsis houaa. 7�'he dwelling ie a aplit entry and they wauld �nly be extending th� uppex isvsl� Mr. Crowdex aeked why they didn'� add on either to the aouth or �hs easC? Mr, Ki�elinger atated they wanted to add anto thB living room and the firepiacs io on the south snd and a kitchen ia located to the ea'ot. Mr. I�iarju pointed aut that accoxding to the •u�rvay they oA1y need a 2.5 foat varianas. Mr. Ki�slinger ptesented Co the �aard a 1���ex of "no objection" Fxom the neighboza a� 5249 Lincolr� Stxeet�, Mx. & Mra. Jaa�a+� Pearaon, and also fram Mr. & Mx�p . Orris Bal�. at 522� Linca]:n Streat N.F.. I�TION by Crowder, teconded by Har ju, ta ze�steive khe lettex� af app�roval �ram tha neighboxe on either side. Upon a vaice vote, thexe being no naye, ths moti.on car�ci�d. Mr. Crawdax� inquired abc►ut tt�� plan deai.gn and Mr. Ki��lin�er explained their id�a. Tt wa� pointed aut that thi� �ot 1s muah larger than normal and th� houee cextainly would not look to larg� for thn �ite. MOTTO�V by Harju, seeonded by Crawder, td alde� th1► pu�lic hl�gring. Upun a voics vots� there being �no naye, the mot�.att catrried. Mr, Haxju had pointad out thaG there ie a11 Ct��d�r af room t0 the •outh und hs voiaed aame concern abaut thia requeat •ettin� �s precedent. Mr, Crawdex atated he waa al�a aonc�rned �bout thi�, ho�tav�r, wlth tha 60 fooe �i�ht of way and a 3Q �oat str�aa� thera ia a 15 fooc boulevard Wha�� matt xeeidential sight of aays ar� 50 �e�t which ss��ult• in a 10 foot baulrtvard. Mx, Mini.eh alao noted tha��Che o�re�t i� nat atsaight �a the howa• are not �11, i.n 1 ine . � 0 � �A , The Minutea oi tha Baard of A,,,�p�ala Subcomm�ttee �iaating of March 13, �973 PaAS 2 M�TI4N by Q�owder to reaoamend to Council approva2 of the varisnce fram 35 f�et , ta 3�.5 fset ta psra�it tha canotrua�lon �f a 4 fooC addition. Socond�d by Harju, Upo� a vaica vate, Harju voting nay, th• motion carzied. . I ' ADJOURI�NT ; , . The meeting was adjouzned by Chairman Miniah at 8;10 P,M. � ' , Ra• �ully b ted, ' ( i ► , Y��< < � �. �� . _ ' Actirig 3eare�ary � , ' ' � � ' ' . � N . � � � Z 1 , • - , � , , • , � � � � I I � I ' I � � C_J ' I MINUTES QF THE REGULAR PARKS AND RECREATION CONMISSION MEETING, FEBRUARY 26, 19T3, MeeCing was called �0 4rder at 7:45 p,m., by Chairman Pitzpatrick, MF.MB�RS PRES�NT: Fit�zpatrick, Kirkham, Wagar, MEMB�RS EXCUSED: Blair, Stimntler, QTHERS PRES�NT: Paul Brawn, Directo�r af Paacks &71Ci R8GT68t10A. CathiQ Stordahl, Secr��ary to th� Commissivn, �MINtlT�S FROM THE �JANUARY Z2, 1�%� MEETI(�� MO710N by KNc,k.ham, Seeanded 6y Glagan., �to appnove� -the M<.►�r�.tee o� $he Regu�ar. Pcvch.�s ' and Ree�.ea�fi,i.an Comm.i,���.an Mee.x.<",ng, da.ied Jan.ua�cy 26, 1993. The Ma�'.i.on ca�.Le.d. PROPERTY AI�.lOI N I NG CRA I G PARK rMr. Pitzpatrick called the Connmissionex�s attentian to the lettex from Muske - i � � ' Tansey Company, regarding somQ property which is presently vacant, and adjoins Craig Park an the West boundary. Th� ownex wou2d like to sell this property to the City at a cost o£ $7,50Q.Q0. Mr� Fitzpatr�ck asked for cpmments on the property. Mr. Brown stated that he had da.scussed the propexty with Darrel Clark, who is in charge of the Building Inspection Department, and they had decided that the asking px�ice was too high and development or undevelo�iment of the lot would nat have any major effect an the Park. We presently us� the praperty for access to the Park for maintenance purposes, but the lpss o£ this access would not create any problems. Mr. Kirkham said that we don'x have any money fox puxchase in 1973. Mr. Brown said that this wouldn't be a prablem because the gurchase of land in the 1973 Budget is not itemizcd, Mr. Fitzpatrick said 1 scller that we�re not that he doesn't feel and Mr, Brown agreed. that we should answer the letter, informing the raaltor and inter�s�ed in purchasing the pxoperty. Mr. Kirkham said there is a need to puxchase this pxapexty. The Commissioners � MOTION by Waga�c, Seeonded by K,.i.nh.kam, .tv ccu.tha�u.ze M�c: Bnown �o wni.te a�.e,tten �o �he Mccehe - 7an�ey Campavcy, �.n�an►rr�.ng .them .iha.t �the G.�.ty .�.s no.t �.rr,tene,b.ted �.n pwr.ch.a��.ng Zh.e p�co p a�c-i y�Zo ca.�ed cc�t 19xh. and �.i�cwo o d Gla y N.�., a.�t �he $1, 5 0 0. 0 0 a.a Fr,i.ng pn,�.c e. � Tke Mo.t,i,on ccvut.i.ed. PLAYGROUND ACCIDENT ARTICLE ,> � Mx, Fitzpatrick tuxned�the•Commissioner's attention to the article which had been mailed out, Tegarding a playground accident in Caliiornia, in which a City had to I pay �25,000.00 in damages and a hospital and doctar were required to pay $4,000,000.00 in damages. Mr. Fitapatrick asked just what the City of Fridley's liability ��ould be in a similiar incider�t, and Mr. Brown explained that the City would be liable, , anly.is negligence on the parx of che City, could be proven. CLOSING OF ICE SKATING RINKS FOR SEASOqI �-. , � � The Cammission asked for reasaning on the closing date £or the ice skatina rinks, btx. Bro��n c:<plained tnat there t��as onJ.y a certait: a:aount or �.�io,iey �:vailabie anci ti;:' the rinks were cio�ed around the mi.ddle of February every year. '•1r. �rown w�nt QTl to explain that since two teams in the Hockey Associa�ion were involved in Distr�et play, that the Commons Hockey rinkS had remained open on two days�, in order that �ho team� mi$hx p�ractj�ce, He �aid that Minneapolis closed most of their rinks about this"same tim�, but that they ;amained ope� at sot�e of the major locations, in ardar lo , Minut6s af the Parks � Recreation Commission Meet�n�� Februa� 26, 1973. Page 2 f ICE RINKS �CQN�T); � that they might ba�ter serve th� community, Mr. Barown said that� this would ba a goad �dea ta implement for n�xt season. The Corrunissioners a$reed, A1k1QURNNENT � � MOTT ON b y Waga�c, �a ad,� o uatrc .i:he, m ee�ing at 8: 0 0 p, m, Tho nexx r�gular meetin$ will b� held on Monday, March 26, 1973, at 7;30 p.m., in � the Communi.ty Room of Fridley C:�vic Center, , Res ectfull submitted P Y , 1 � ����e , . CATHIE SOTRDAHL, Secretary to the Cammission � � � ' ' . , , , . � ,, >, , • • - � , • � � , � * ' , ' ' . l0A �� , u � � � E A� TE E I I MMIS MEE p EBRUARY 1 The maeting wss c�11e�d to ord�er lay Ghatrman� F�ther �d Chmfslewski at $;26 p.m. hI�MBERS PRES�NTf F�th�r Ed, Mr, H�fin�s, artd Mrs. Hughes hI�MBERS ABS�NT; Mr, C�ldwell, �nd Mr, MY��"� Father Ed sugga�t�d � discus�sion of the By�-L�w�, a�d far the purpose of tfie ord(nance Qf th� Articla�, i�. F�th�r �d saf� that if any n�mb�r of th� commi�ston ls gQing to,be abs�nt for th� m��t[ng, that th� �hairman a� th� commission be n�ttfled, Mr. Hafne� suggestad a fiy� day npX1e� �iven to the� memb�r�, F�thar �d �aid Ch�t th� By-Law� shauld includ� as a part, of the duty oF th� � Cqmmiss�ion xA sse�k cr�at from the �ompany, 1ts prcagr�ss, its future plans, and it� tirrn��tables of opera�ic�nR the mafn purpose af th� cAmmission is to be in dialogue with the cQmpany. , � � , , ' , � , , �J , + Mr, Hain�� �uggested discus�inc� Ar�icle II Subdlvisian 3, cancerning �►Memor� andum of Und�rstanding'�, Th� element� contained in th� earlter report of the Gpmmi��ican to the Glty �ouMCtl sho�ld farm th� content of this sectian of �h� �y�Laws, F�thar Ed suggest�d that �he CATV Gommission should elect a Chariman and a Secr�tary� Mr. H�ine� P�f�Cr�d ta Artfcle X stating that th�ere �houl�•be an attandance of e�t l�ast 7Q p�rcent. H� a1sQ said that the ltmitations of tenure are not ta �xc�:�d two te rm� . • There was some� discussicar� of Ar�l�le VII sayin� that special meetings may b� called and h�ld at any tim� in a public p1�Ge wh�r� conv�ni�nt to ths Commis�ioners. Th�y could me�a� �ise-wh�arv if �h� Commisslon�r� �ranted, AMENDM�NTS : The Cc�mmissfcrn shauld vote and apprs�v� th� amendm�nts, before they go ta the City Council, �ven in th� form c�� minute�. ', MQTIQN �Y Mrs, Huc�hes to rec�eive approved By�L+�w$ and prelfmtnary approval tca ths dra$t, wlth �dditi�ans and �ubstitutir�ns. Seconded by Mr, Ha(nes. Upon a voice vox�, th�r� being no nay�, th� motion carriad, EX E�T N ; Tha nc�xt me��ting caf ths GATV Commfssion wfli be held an th� firsx Monday of March at $t�0 p,m, Manday, March 5, 1973, Ix wtll �l�a b� on the n�xt a9enda to glva the fina�l approvai of the Am�ndm+Qnts mnd �ho By�laws of the CATV Commis�ion, . CATV CQMMISSIAN hI�ETING OF FEBRUARY 5, 1�73 PAGE 2 �A Th� Cpmmissio� wlll a�k th� Glty Manager to alart fts legislative representative to watch the progress of Cabj� TV proposals be�fare the State �,egislature, so that our intere�ts are protected. Mrg, Hughes suggeSted that th� Commiasian members should re�eive the minutes and have them approv�d by e�a�h member befara they go to the City Council. �4D�,OURNMEN�': The meetl�g af the CATV Commisslon adjourned at 9:48 p.m, � R�spectfully submitted, n , �..::=u� '� CAROL MADY Ac�(n� Secretary 0 ' ' � ' ' ' � , , ' � �� , � � ' � LME MINUTES_ QF THE CABLE TEI.EVjSIQN COMMISSIQN MEETIbG QF MARCH 5, 1973 The meeting was called tp order by Chairman Fa�ther Ed Chmielewski at $:Q7 p.m. MEMB�RS RRESE�T: M�MB�RS ABS�NT: QTHf RS PRESENT : Father �d, Mrs. Mugh�s Sob Hinkley Mr, Haines, Mr. Caldwell, and Mr. Myhra and Ned Cog�well of General Television The meeting was turned over to Mr, Bob Hinkley af G�'neral ;elevision. Mr, Minkley said that tt�ey would try ta bring out scame of the things being done and to try ta answer any questions thers might be, Th�y have selected the site for the building, I� fs lacated vne•block South of City Hall facing 63rd. There were a number of �ites to chaose from, but thi� one had been priced reason- abiy well. He said that the lpcation was also v�ry ideal, as it was about half- way tnbetween the high school and City Ha11, They wanted ta construct a two- story or split level building fa�ing north, Th� facility is gaing to be 10,000 square feet which would include all offices and administrative space, and also two studios, one for local stations and the other for public acc�ss or utilization. They'ar� now working with preliminary drawings for the building, and they have not y�t sslected a contractor, but they would within the next 30 to 45 days. They have twA maJor cable contraGtors biddin� at th�: moment# for that project. He said that he would like to acknowledge the faGt Xha� the Industrial Commission and the City Manager assisted them �reatly in checking Qut the property available in the City, and that he would like ta thank tMem, , Father Ed asked Mr. Hinkley wha the pr�s�nt owner of the property is. Mr. Hinkley stated thaG it is owned by three indivlduals, but he could not recall the names of a 1 1 af them, � Mr. Hlnkley stated that he would like to tou�h on th� epplicetion that they had made pursuant to the Ordinance. Their eppliGation has gone Ko the Federal Communicati�ns Commission for compliance. There is a 3Q day time period after submitting ths application during which time any intsr�sted parties can comment on the application or protest to it, but no eane has, He said that their attorney i�n Washjngton is working with the Commission staff r�ow and hopes that if there ar� any sectipns of the ordinance which are not acceptable to the Gommission, that they would have an opportunity to establish communic,ation between the Commission and the City to discuss what problem might be, and perhaps give it approval con- tingent upon some section. In the past, if 99°/4 af it was fine, just one sectlon did not n�ed their approval and they would send it back, with the intent to save time, He said that they haye also filed with their application to the Gommission, a �n application for a micro-wave route between Chicago, Milwaukee, and the Twin Cities, It is na necessarily a certainty that they will keep that route. They are trying to do.� survey to ftnd;out what additional entertainmen� the community might be interestded i�, ar to what` extent the community is tnteres�ed in news, Mr. Hinkley then �tated that when'they discuss sales, they are tal ing about plan- � ning �nd conceiving the program. 'He then asked iffthere were any �ings he had not cove red . � �` �� . f - .:.>z. , Mr. Myhra stated that at a conf�rence, a statement was made that cable TV would not go over in Fridley or Bloomington. Mr. Hinkley $aid that he obviously did not agree that lt would not go over. He said that the community is large , 1 ' ' GATV CAMMISSION MEETING MARC 1 , H 5� 97� PAGE 2 12 A ' enaugh and if they me�t their expectations for subscriptions, then it will go over. ' Mr. Mtnk)�y said that it depended upon what tha� approach would ba, and the atti- tude of ths company. HE sald that you havs t4 have s4me� faith in your �community and plans, after such a big inv�stment tca do a c�ood �job. . �� ' i �J C , i Mr. Malnes asked Pf Mr. Hinkley knew how long it would be before the FCC acts on the proposal. Mr. Hinkley said that it would probably take about six manths. Mr. Haines asksd if he could begin a�y�htng without the approval, Mr. Minklsy said xhax they can da everything except put xhe switch in to broadcast the signals. He safd tha� the cable installa�ian wil) start as soon as weather permits, this spring. Mr. Main�s ask�d how quickly it cauld be wired up, Mr, Cogswell said that it would take appro�imateiy four months. H� said that they would like it ready to go by S.eptember I. Mr. Hinkley said that thsy wauld like to start some kind of a dialogue through the a uspices of the Commisslon or directly through the Gouncil. He said that they would welcame some direction from the Commission, He said that eventually they will be hiring peopl� in the program who would like ta work under it. Father Ed said Chat around Sepfiember Bcaard members start thinking of what programs they would like to do and what kind of possibility they would be for use. Mr. Hinkley said that they would certalnly wel�com� the Commission's oversight if perhaps it would be a functton that the Commisslon pe�formed, He said if the By- Laws are adopted, that the recomm�ndation in Ar�lcle II Subsection 5 stating "The Commis5ion shall be responsible for promoting, coardinating, and supporting tha effarts af local per�ons and instltutfons in using the public access channels for community we11-being;" that it would be one, � Mr, Halnss said that the economics af it a11 will be a)ittla frustra�ing for bath the Genaral Television and the CATV Commission for a while but he said that he didn't know, for example,some of th� things that the schaol puts on, 1(ke � the video tape r�play. He said he dldn"t have the� least idea af whet it would e�ven cost. Mr, Hinkley said that something they wer�e planntng would be a full calor ;Mobile Unit, that they could se�d out. Mr, Haines said that it would probably be a big thing in sales, the little kids like to se� their schools on TV. Mr. Haines. ' felt that it was extremely encou�aging, H� asked if any af the neighboring muni- cipalities were getting interested in joining in. Mr. Hinkley stated that thcy were vary interested but they could nofi go anywhere right now unti�l their appl(- ' cation is acGepted. He said that they are definifiely interested in the r�st of Anoka CounGy. Mr. Myhra said that Genera) Televsion sounded as though they didn't antici- � pate any problems, as Bloomingto� had so many problems. Mr. Hink�ley said that do not want ta be Judged by the TCI's performance in Bloominton. He said that 8loomington had not started planning soon enough for con�tructian to be done. ' Father Ed asked how Frid�ey's specifications were, and if they couTd meet them, Ca��we11 said the speGificatlonS were all right with th� size of the system. ' , they Mr. , � � GATV CQMMISSIAN MEETING� MARCH "�, 1973 � PAG� 3 � Mr. Hinkl�y said that he dtdn't know if he specified on the praperty. The legal ' status of that Is that both parxiea h�vs s�gned th� purchase agreement, but i� hasn't been closed yet. ' ' � ' � , l� , i ' , ' � ' F�th�r Ed thanked Mr. Hinkley and Mr. Cogswetl for coming to the meeting. Mr. Minkley a$kad if they eould aSSUme that if the Commissfan appraves the By-Laws, they eauld w4rk wlth the Gommissian f� the futur�, Everya�e agreed, F�ther �d then asked (f everyone nad read the By-Laws, and if there was any- thing to comment on. Mr. Caldwell asked about Articl� III, which states "The busi�ess of this CAmmi�sla� sh�ll b�: conducted for the purpos�s here;n stated and nat for any persanal financ(al or oCher gain of any GommissiQn member. H� asked If that was � part o�' the Comm�ssfon's By-Laws, or something that was just a nor- mal course pf �vents. Mr, Haines repli�d that he had taken it from another source, M�, Caldwell said h� wouid like to know the purpose of +t. Mr. Haines thought tt w�s gaod nak only for the Cammissioner'�, but for the people who get the By-Lews who think af trying to get appointed to th� Commission, Mr. Haines suggested chan9ing �ome caf the wording, Father Ed sugg�sted using the word "material" somewh�r� in tha �antsx� Qf khe sent�nc�. �t was agreed that th� Article would read '"The business 4� thls Commfssion shall be Gonducted for the purposes herein stated and not for a�y personal�Financiai or other m�terial gafn of any Commission mambe r. Mr. Myhra quesk�oned Art(ci� IV which said 'Th�re shall be five members appointed to this Commissio� by the Frtdley Cfty Councll. Apppintments shall be made (n acGOrdance with provis(ons of Sec, 2$ of the+ C�ble Television Frenchise Ordina��e. HQwev�r, no Commissiansr shall be sppointed ta more than twa succeedinc� tvrms." H� then poinxed out Artic�}e� VI that s��id (in part) "'There sha11 be a Chairma� caf the Cammissiqn, whoss appaintment shall b� made annually by ths City Counetl.'� Mr. Myhra said it souqded as if there wculd then ba 5ix memb�rs on the Commisslon. It was agreed that that part in the Article shauld be rewcarded, be- �cause that was not �kh� idea, The Cpmmisslon msmber� agreed to reword it saying, "Th�ra sha11 ba a Gha(rman of th� Cammission, appainted annually by the City Cou�,- cil, from the membersh(p of th� Commission. Mr. Caidw�ll brvu�ht up �he idea that wh�en th� Chairman is absent, the secre- tary is supposed to be acting chairm�n, However, in this cas� that would be im- possfbl�. Mr, H�in�s said that �vith so few members the Ccammtssion would sttll bs able to funcxion, whereas a large group woutd be different. Everyone agreed. Mr..Myhra su�gested th�t sameone could b� selected ennually. Mr. Haines s�id he lfked it th� way it was now, and that he can see some advantage with it� Mr. Myhra �c�rs�d, MQTION by Mr. Myhra to change the w�rding of the two Artleles, and accept them. Second�ed by Mr, H�Ines. Upon a yalce vote� all voting �ye, Fathe� �d declared the mofiPor� �a�ried. , � , � ' i ' ' ' , � CATV COMMISSION ME�TlNG, MARCM 5, 1�73 PAGE 4 0 � � Mr. Myhr� questioned Articl��X as to how Mr, H�1nes eams up with the figure Qf 7�°/q attendance�. Mr. N� f n�s asked 1 f 1 t Mas t�oc� high, H� sa I d i t was ,j ust a f i gure. . MI', Caldwell said that the Arti�le sounded a� though they are recammended members fpr r+�-appaPntment. Mr. Halnes sald re-appointments must be approved by the Coun- ci1 and this would not bring aut any �mbarrassment tp a member, MOTION by Mr. Galdwell for the Gommission to adapt the By-Laws as amended for pr�sentation to �khe Councit� Secanded by Mr. Myhra, Upon a vofc� vote, all voting ay�, �'ather Ed d�clared the mation c�rried. Father Ed brau�ht up the other business. Disapproval of the Minutes caf the h�e�timg, F�bruary S, 1973. P�ragraph two stating that members notffy others if thera is to be an absenteeism among members, Shauld read. ��if Chairman or Secretary is ta be absent, others should be notif�ed," Also Memo,randum of Understandinq, this i5 not a main topic. It was a smatl item discussed my Cartmission membe�s. Paragraph two under Memor�andum of Understanding had n4 content--delete. Mr. Myhra �uqgested that the members of the Commfssion gst copies of the minutes besfore it �o� to the City Council fo� approval, A�. . Father Ed adJourned the meeting of the CATV Gommission at �:36 p.m. �t�spectfully Subroitted� ' � /� ^, � �� y �,� �^ /` ��' : �� / �ARQL. MADY ' A�t i n9 Sec r�ata ry �i � � ' ' � CI e 0 ' II 1 , ' • . ' ' r City Qf Fridlsy, Mln�escat� BY-LAWS AF TH� CABIE T�LEVISlQN CQMMISSION ARTICLE I The name of thls GammPssion shall be th� Cabl� Television Commission. ARTICI�E II The purpose of the Cable T�levisfon Commisslon shall be to advise and assist th� C1ty Council upon all mattsrs affecting th� CATV system within the City. The Commission sha11 r�ceive reports frcam the cabl� campany as required by the ordi- nance and act upon them as may b� deemed advtsabla. The Commiss(on sh�all issue reparts, at least semi-annuaily, ta the re�idents of the City, The Commission shall perform such specific func�ians and make speGific recammendatiqn5 as may, from time to �ime, bs requested by the City Council or the City Manager. Some SPBGlfiG functions and concerns of the Cammission ara enumerated belqw, however, the Commtss(on shall not be limlted ta thes� expressed functlons and cancerns: (1) The Commfssion shail dtscuss with the Glty Manager th� manner in ' which dependent responstbillties can b� coc�rdinated and carried Qut rt105� Ci�f�GtIYB)y� �� ' ' ' , (2) The Commisslan shall accept the responsibility Qf providing to the community a public forum withfn which tha c�tiaens of Fridley may fraquently express their views and participate in the devel- apment of cabi� television tr� the Gommunl�y, (�) Thes Gommission shall enter inta a�'memorandum of understanding�� w(th Franchisee and matntaln a�ontinuing dialcague with the Franchl�ee on al1 phas�s of develQpm�nt qf cable television. (k) The Cpmmi�5lon shall malnt�in survelllanc�, with the assistance of the City Manager, ov�r ths day-tca-day opera�ion of the company to determine the qualPty of ZL� service to subscribars, ta observe its compliance with the Qrdinance as well as FCC rsgulatlans, and to mak� regylarly schsduled reports on these matters ta the Gity Co�uncil and to the citizens of Fridley. �5) �'he Commis�ion sha11 be respo�sibl� for promating, coordina- tin�, and Supporting the afforts of local pe�rsons and insti- ' tutic,�s (n using th� public aGCesg channels for community well�be(ng, ' ' ' ' , (f) TM+� �ommissian sha11 �Gtempt to �eak out grants and private danatlons to promote loGa] pragramming and the pub]ic se r vice use ofi cable talevistan. � 12D ' �� ' , ' � ' 12E (7) The Commis'sian shall manitor �11 expe�rlm�ntatfon with n�w �nd sp�cializ�d service� in the Fridley cable televlsion �ysfiem and sh�aii mai�e recommendations ta th� Cauncil, and ta th� Franchl�ae, whi�h wili att�mpt to prot�ct the inter- ests of all th� consum�rs a� w�ll as �Co �ncaurage the deve)- opm�nt of thcas� servlces that best s�rv� th+� public inter- e�t and utilfze th� t��ted, new t�chnot�gy Af the art, (8) The Commission shati have sufficient ta�itud� and freedom ' of opsration and sufficienk resources to enable ;t to earry out its responsibilities objectively �nd fairly. ` ARTICLE III The business of �hfs Commission sha11 be conducted for the purNoses herein stated and not far a�y persanal financiai or other m�a�erial gain af any Commis- s 1 on membe r. ARTICLE IV Th�ro shall be five members appointed to this Commission by the Fridley ,. C(ty Council. Appointment5 sha11 be made in accorda,nc� wtth provisions af S�c. 28 of tha Cabls T�levi�ion Franchise Ordinance. However, no Commissioner shall b� appointed ko more than two succ�eding terms. � � � � ' � . ART ICI�E V Th� Cammis�ian sha11 submit it's budge� request to the City Manager prior to �uly l��h af each year. 'The proposed bud�et sha11 b� submitted in a format p�roposed by the City Manag��, The bud�et must be adopxed by the City Cauncil priQr to its implementation, ARTICLE VI Th�r� shall b� a Chalrman of the Commisslon, appointed annually by the �ity Coun�il, from thes membership of the� Commission. The duties of the Chairman shall ba xhosa generally designat�ad to such office. In the absenc� of the Chairman, a quorum of the Commiss�oners pr�sent may deslgna�te a Chairman pro-tem. The mambe�rs of the Commission sha11 �1ect a secr�tary, who shall notify members of meeting times and places, and who shalt seo ta the racording of minutes, and furthar �hall catry out other duties usually associated wlth the functio� of the secr�tary, ARTIGLE VII The Commission shail mest at lsas� four �ime� annually, Said meetings shall b� he�ld an �he first Monday of F�bruary, May� September, and December of each y�ar. TMesa me��fngs �hall be held Pn City Mall and sha11 begin at 8 p.m. Sp�cial me�tin�s may be cal)ed by the+ Chairman or any three members of the Commission at any tlme and be held In a publie �lace where c�►nve�fent to thQ CommiS�ioners, Alsca, spa�i�l me�tings shal1 be held when requested by the Clty C�uncil. � 1 � � ' � ' , , �i 12F ARTIGLE VIII Tha �ommis�lon sha11 submit su�h rules and recomme�dations to the CaunGil as msy be de+termined apprQprlat�� Wh�n�ver r�commendations are mad�, thsy �hal) ba mada in wrlting snd at i�a�t on� membor of th� C011'N11I851011 shall be pr�sent at th+a Councll mssting at which recommendat(ona are cons(dered, ARTICLE IX Any thra� m�mbers of tMe Commis�ion� pressnt at any quarterly or spectal me�tfng� sha1� con�t�tute a quorum, ARTICLE X Members of the Commission are expected to atCend meetings regularly. Atten- dan�a at a m1�Imum of 7Q psrc�nt of all reg�,lar and specia) meetfngs held during a Commisaionars appointment sh�11 ba essenxfal for �onside�ation by the Council for re�appojntment, ARTICL.E XI fih� Cc�mmission may Gonslder amendments to thsse gy=�aws at any of �ts regular or special meetfngs. Amendments shali be submitted ta the Ctty Council and shall , baccarrie sffe�tive upon adoption by the �ouncil. The �bave By-Laws are submitted ta the� City Council for a�pprovai by the Cable T�laviston Cammiss(on this l�th day of March, 197�� � � LJ �I � � i � � L_J � .l � . � � � CJ � � NQRTH PARK CQMMITTE� MEETING MARCH $, 1973 Tha meeting openesd at 7:42 p,m. ROI.L CALL: � M�MBERS PRfSENT: Breider' Sporre� Seegar, H�rrls, Prairie, Stanton, Young, Fftzpatrlck� We�ne�, and Barnett� MEMBERS ABSENT: Peterson QTHERS PRESENTt Mr. FJare and Miss Phyl 1 is Gotksche both of Brauer & Associates, Rog�r Kaye, Barbara Hughes, Helen Johnson, Chuck Sheridan. Mr, Fjare introduced Miss Gottsche wha wil) be working on the feasibility study on North Park. Mr. Fjare said that on February 26� the Council acted on th�ir contract and since then they have become involved more. H� explained that the reason th�y were there was to tell the committee where they were, hopefully make the committee do some work,and talk tagether so that they can gefi some af th� committee's attitudes and ideas, and eventually see where they are�headed. Qne of the first items of business that they wanted to cover was to look over a flow chart they have pr�pared, The flow chart was based an the assumption of a 90-day duration of their work involvement on the project. Mr. Fjare then explai�ed the flow chart. One lir�e represented potential for direct Council co�tacts, verticle lines meant possible m�eting dates.' An arange line rep�s� sented staff: Mr, pavis, the Parks and Re�erea�ion plrector, the Assistant planner, and other interested staff. TheY had a meetfng last Friday, March 2, at�whlch they showed them the same flow chart minus a few lines. A brown lino meant potential as to committee'meetin� dates. Mr. Fjare said that what they were doir►g right now was a great deal of brain-p(�king. He explained that ths Staff Planner for the City has an extensivs list that he is pursuing. He said that his firm has a large pile of files, notattons, and paper�clippings that thsy have been pouring through� He sald that thgy havs made contact with Ram- s�ey County and Hennepin County, and Mr', Fondrick of the Woodlake Nature Center to go through the people that are working on it ln addition to them. Mr. Norm Stone from the Croak's Meadows in Wisconsin w(11 bs used as the primary la�d management man. Mr. Fjare seid that they have used him on both golf cours�s : and nature centers before. Ther� will also be an engfneer from Brauer � Asso- �,. cfates who has extensivs experlence with tha ecalogical assessment of man's impact on soil� He said staff ineetings were set up for Friday mornings, Thes� rrr�etings are primarlly a progress meeting wh�re they can hopefully apply any additlonal dat� zhat they might need. They hope to have the regional base map as well as the subregfonal base maps, and all of the ffrst ring suburb maps around Fridley, collected by the 16th; and hava characterlstics identiffed on on these� additlonal dat,aum that they fael they are lacking in. Starting around 1 � NORTH PARK CQMM ITTEE M��T ING � MARCH 8, 1 j7� PAGE 2 � the 12th or the 19th they will also be pollshing the work dacument (which was p�$sed around later) fn terms of �stabl(shing what they think,in thelr opin(on, plus the cammitte+�'s ha)p,are the �olf caurs� and nature center criteria, sp � that they can begin to make a numerlcal evaluatian on land resources maJored �ag�inst program pot�ntials. OnGe Xhey begln ta final(ze �hat document, then th�y can apprais� themselves, and with the help of the base maps, get into the � fl�ld and begin to assess the physical data sa �hat they can brace themselves and hQpefully gear for a m�eting on March Z9 where there will be a prese�ta- tic►n of pr�liminary graph(cs that wlll be a work dacUment that doesn'fi involve "ths can't be changed and altered:� They hope to assess themselves of North � Park if th�rs is some possibili�y of identifying some alternate sites. Alter- nate sites conc�rn th� study the same as what the conditions a�e that exist presently around Frldley. Ha said that they are+ branching out fnto many of � th�s areas that they think should be af evaluatian concern wlthin the scope af th� project. They felt that Saturday, AprPl 7 would be a goad day to meet at Clty M�1) and go thraugh the base map for further documentation and tha logfc; and then if av�ryone can be weariny boots, or whatever is appropriate, take � ths �ommltte� out into th� fi�ld and let them see first hand. He sald that the document will be up-dated each tima they meet with the committee, He thsn asl�ed if ther� we�� any questfons, � I.ee Ann Sporre, committee member, asked if the committee couid attend the staff msetings. Mr. Fjare sa�id that he r`eaily didn't know but that hs didn't think Mr. Davis would mind. Mr. Brelder sald that the staff only collects tha � data for th� committees, so that the staff ineeting would anly be a duplication of what the committee meeting would be. �� j Mr. FJare then passcd around a small pamphlet af paper from which the com- mittee wilt individually,ar �s.a group, weigh different aspects of a golf course or a nature center study. Also included was land mana�ement, He said that the � purpos� of this was to gat som�e interchange gofng an� Each page had Griteria that would be important in either case, The weight of each ranged from 1-10, IQ being the most Important. � Mrs. Sporre askcd if they could add anythtng to a csrtain page, Mr. Fjare said that they d�finitly could. � The committee then dtvided up inta twa groups and were instructed that they cquld leave when ftnfshed as nothing else cauld be done until these were studiad, Respectfully submitted, � �.,,,G�.��,�;,i.�.:.c7�1 �--�� CAROL MADY � ; � Acting Secretary � � � 1 � �3 � � ' ! �riM''�, ` I ` L`� �'rf �, ti'-' . �' �' N � �' . /-� �tr'� w /y r "' �� �iv� � 7� s f1� � . �- �. _ __. _ _, _ .. _ _ � Frank Liebl Mayor of Fridley C/0 Fridley :ity Hall � 6431 University Avenue Fri dl ey� Minnesota 55<'.21 Dear Frank� 6500 Piecce Street, N.E. Fridley, Minnesota 55432 29 January 1973 Attached are ]etters defining, as realistically as possible, the damage to our Chinese Elm fence that borders on Mississippi Street. For several past winters the City sidewalk snowclearing equipment snowblows the snow deposited onto the sidewalk, from plows clearing Mississippi, onto our lot and for those same several springs we have seen a progressive kill of this 1"15-foot natural fence. Samples of the plants have been sent [o [he l�i;iversity of Minnesota for analysis and the resultant prognosis is attached. I m�gi�t add that the natural fenee (established for now 8 years) experienced no type of progressive demise until the city started blowing the excess plowed snow From Mississippi Street� and then the sidewalk, ont.o our property. The majorit}° uf the fen�:e (about 70% of [he b�shes) are now dead and will have to be replaced. AttacheJ is an f��timate uf zhe replacement costs of which I would request the City to consider a3U7.5ti as reasonable reimbursement costs for compleke replacement wi[h bushes t}iat have an extiibited higher tolerance ta salt kiil. I would appreciate yr�ur response toward any furthec questions or the city�s position regarding compensation for the aforementioned darnage. t�TM; va p Enclosures Vecy truly yours, _ �� ���`��� Henry T. 14elcher 0 14 14A AGRICULTURAL EX'�'ENSIOIV S��iVICE UN�VERS�TX iQ►F MINNESUTA Ixsmnrre o� A�ac�.� S�r. P�vy MnrKUar� lfS101 Aate+ Julv 9. 1�,`7,.�„ Addreas correspondence to: P].ant Aiaea�e Clinic Ur�iveraity of Minneaota St, Pau1t Minnesota 55101 Dear �Irs . Melcher : The specimen of Chinese elm which you sent to this o�fice was found to be damaged by, an unknown agent. Recommendati,ons; �ram the symptom�, salt injur�► is suapected. ,Are these ahrubs neax a �oad o�' driveway, say wi.thin 24 feet? If �o, this is a po�sibility. There does not seeu� to be � patho�en invca�ved, Se� �nclosure under salt taxicity. � Epclosures: 0 Very truly yaura, C/ ' l� � , -a��►'�''��"a W, C, 3tieneCra Extension �'lan�. �atholo�ist WCS : j � ��ivivClll/Tr oR MtNN►.IOTA, V. 8. A�PAwTM)sN7 p� AG�1cYL'rVR� AMp COVMTT R;T�1�1/�Ol1 tiRYICR/ f.Of�lk11ATIWt: � � � ths dormant seasaM can cause difterential �on- tractio�, of wood within tr�e trunks, '�'he result is the opening a£ lcang vertical fiaaures in waod and bark. Froat cracka xnay accux in succe�ding years ' in ths �ame piace, causing exeessive form�ttion af Callus tissue or swslliz�g on one side of the tr+ee, � 1 � � � �� r 1 � � � , L _] � � WATER DEFICI'I' INJURIES D rought In yeaz�a when rainfall la law, many tree species can be subatanLially weakened or killed by drought, Introduced species, iike Colorado blue apruc�, and recentZy planted trees are very susceptible to drought injury. Branch dieback may be tha direct result of drought but waakened treee also are suaceptible to attack by insects an� diaeas�-causing parasx�e�, , , Species such as box eld��r, green ash, hack, berry, lo�ust, paaderosa pine, red cedar, and ` siberian elm are fairly drought resistant. However, obtain eaed of theae trees from relatively dry areae because strain differencea occur within species, Leaf S�orch A sudden aad rapid loas of watex from mapie lsaves du�ing hot dry weath�r may cause leaf scorch, AfEected Ieavea have yellow ar brown rriar�ins and remain on the tree. Qr, the a£fected tree �nay just lose its leavss prema�urely, Wat�r- iag durin� hot dxy weathex x�nay prevent or alle- viate the problem on small trees. ROQT DAMAGE Transplant Injuries �'�ansp�ant in,�ury is a xnajor cause of tar�e loss; many roota are lost during diggiag. So, to compsnaate, in the ease of broad-leaved trees, a propoxtional amount o£ the top must be re�nnoved, By raot �runing, nurserymea train tar+�s roats to farzn rriore coxnpact masses so that a greater percentage of roots car� be taken up when tx�es, 'especiall.y evergxeens, are transplanked. Early sprin� generally is the preferred tirne £or ti'ans- planting treas. . Oxy�er7, Deficit A def�cit of Qxygen in the roat zone intar� f6re� �yxth norx�zial life grocesses; dieback of branches often occura. Extensive £looding or soil fxll on top of exiating soil rsduces ths oxygen supply to roots. After this accurs, trees may npt show symptoms of oxygen deficiency for � or 3 ysar�. F'requent use of paths compacts soi� and reduce� oxygen and water movement thraugh it, 14� Sidswalke, driveways, and streeta also �imit oxy- g�n and water uptake by roots. CHEMICAL DAMAGE Herbicide pamage � Treo damage from hormone herbicide sprays often re�ults, even if they are used several hundred fset away, Affected leaves become distorted, twistsd, curl�d, or cupped; mar�ins turn `�rown. Or, a£fecte�d ieaves may be dwarf�d, �uitl.t TOxiciky .,. , ' �Sa�t applied to streets in winter is absoibed later by roots of bou�evard trees during the grow- ing sea.son. This results in varying degrees of margir�at browning af leaves. Dxeback may occur in trees damaged in successive years; some trees have died. Other Chemical I�juries Fuixze• trorw some industrial processes can caus� eh�oroeis, spotting of foliage, and, in severe cases, defoliation of trees. Daxnage frozn. dog urine on conifers, especiaily arborvitae, 1s evidenced by black needles. Foliar spraya, normally conaidered nantaxic to tree�, znay cause �eaf i.njury if applied during hot weather. A1so, a spray concentration recom- mended for one species rnay be taxic to another. M�GHANIGAL INJURIES Mechanical injuries to trees can be ca:used by ice, hail, lightning, znachinery, wind, and other agents. 'These injuxi.es may or may not kill a tree, dependi�g or� the severity, BuL wounds can be entrance points for disease-causing para- sites, LAGK OF NUTRIENTS Soils deficient in nutxisnts da not eupport norrraal txee growth. Know the fertility of your soil by havin� it tested; then adjust nutrient l��vels accordingly. Trees �rowing on nutrient-deficient soils znay be anare subject to attack by parasiees. Istued in furtherqnCe of �perative extension work in agriculture and home econvmiet, act� of Mey 6 end June 30, 1914, in cooperadon wieh the U. S. Aepartment of ARriculture. Roland H. Abrahun, Dlroctor of Agricultural �xten• �lon Servia, Unfvenity of Minnaota, St. Paul, Minnesota SS l01 SM••2-69 � � 14C -°-, ,� . ,�ar�a�iruaj�.� FlORISTS, KURSLRYMEN ::NGE 1885 � 60i0 LYNDAtE AVf. SUU IH, MINNEAPOUS, M{NN. 55419 � TEIEPHONE bt1,'ti6Sf 146i • ,Tu1y 28, J.�72 Mr. Henry Melcher 6504 Pierce Northeast Fridley, Minnesota Dear Mr. M�lcher; As requested by you, wa have examined the plant waterial on your propexty which was recently damaged. We submit the following list of replacement casts: , � 75 Zabel's Honeysuckle 3-4' Plan,ted $307,50 Labor to remove and haul away Chinese Elm Hedge 300.00 ' Tax 5,10 $612.60 The above plant material is covered by our liberal guarantee. We apprec�.ate this opportun�.ty to offer our quoCation and sincerely � hope to be of further service to you. $1S.OQ charge �or ;inapection and lettexs. Tnvoice wi11 foilow. � Very truly yours, � %'*-T /1- ,%y'.dr�z-�'1 / / 3ack R. Maore Landscaping Department a � i E4RANCM SHOPS: BftOOKDALE, DAYTON'S-DOWNTOWN �`'°' � EDINA, RADISSON HOTEL, ROSEDALE. SUUfNDALE �'�:�� 0 0 ; . �; �l�siP�l �7���T , 14 D }-- w u� �� .�- cf� U� J � � � � � CITY OF FRIQI,EY MEMORANDUM T0: GERALD R. DAVIS, CITY MANAGER, AND CITY COUNCIL FROM: GORDON MIDDAG, PURCHASING AGENT .SUBJECT: BID OPENING FOR LIQUOR STOR� CASH R�GISTERS DATE: MARCH 16, 1973 The bids for cash registers were opened at 11;00 a.m. on • March 16, 1973. One bid was received, opened and recorded. Attached is a final copy of the bid opening report. Company Bid Security Gross Price Discount Net Nationa1 Federal Insurance Cash Company - Register Bid Bond of 5% $21,675.00 $2,300.68 $19,374.32 The National Cash Register Company meets a11 specifications and is recomnended the contract be awarded to them. I T E M# 16 1 RECEIVING BIDS - .6i621+FOR LIQUOR STORE (BIDS OPENED 11:30 A.M., MARCH 15, 1973) � . � � �� � � Memo To: Gerald R. Davis, City Manager � City Council From . Gordon J. Middag, Purchasing Department. Date . Ma.rch 19, 1973 Subject: Bid Opening for Liquor Store Fixture. Equipment The bids for the fixtures and equipment were opened at 9:30 a.m. l�,arch 19, 1973. Attached is a final copy of the bid opening report.. Company Bid Security Total Bid Less Total Less Total Net Price determined Price deduct alternate on trade in & deduct. items Display Bid Bond 5% $19,950.00 $900.00 $2,225.00 Fixtures Inc. American 1966 Benson Ave. Empire Ins. St. Paul l�inn. Company Harrison House Cert. check $43,083.00 none $6,315.00 5901 Wayzata Blvd.$2,154.15 Mpls. Minn. It is recommanded that the contract be awarded to Disglav Fixture Tnc., the low bidder in the amount of $19,950.00 gross bid, less trade-ins and deductible items yet to be determined GJM:et . . ; •. -, ;{� r•. �.; `iy O 1 • ,il .�' c* �D 1�' �'• W G% F„ � :--' , � � . (7 1� '7 � f I�) 'S� • (i fQ i � �j � � ' i d ` � °; � � � o � .� 7 '': iT'=1 � F--+ �J , . ' N��• r co t� !-'• 'J N (� H G7 tD N A i � !r � 1i N" tn W M S'•� A� N O ¢� `?, ; �-'� ri 'v7 OO �-t� F � � p eC � � .�.� �`� � � � '� �' �� i �a. 'J , � �:� � ,.' �+ 1--� F` :� v Uf ?7 ;:1 U� G. � ` tt � N c* G N c* t i i � C� h� � GL c+ �(�D 1-' � � ''S ' y w � F'� � ii U1 Y 'C�3 �N p�'i � � /� � � c.� [-� '� W tD ; cn ; c-� v � . .� � � , < cD �r cD i ''z. _, c,: ;� ��TC� ;' �;acD ! � ro � �;° � �P� � ' �' 4 �' ; a' � r� 5 � •° ' � a � ' w �n a' �=� o . . . �„ H � � �„ � C c� `: �n �� , . (D o C:'. � • ; Z �Jt • . O i Q � � j � � � � � �� � � � � � � � � �i 1 O � � • -----_._:. _--- � i i i , , - -- -. --- _--- -- __ _.__ ? � � z H N. ; J ' ' ' ��c? rs � m � �M � . �� �±- c.� . , �; n` c� � . ��5 t � �`� '�. ,�. �;z tv - �or'c}c�c�r�� � :;._ � �-�i�m.o '�'.:.,� ' � � I � � c�+� � O J � I �_—_____. _ --- ! � � � I � µ� � � ! � � R+�F�-� �� i ' � I � !� ' �� � ' o°a I�° � ti r-i r' � � i W � I j � � � � + j � � � � ; � I � O ( � i �I � � '_ _ _ _.-------- ----- i -- _ I � � ' I _"'.—."'__.'� f . � � � � _"' _.—^-�_—{-- I � �� I � Ip I I !� i + O � , �v----,--------+ � 1 O � � O i � � i � � o. �• � 0 O � � � � 'r � � � x � � i I d � '� � H � � n �D }�'f Cn � w � zA � -' t7 M � •o � � -� C W W N � � � H �� I � x � � . � � � � o � � k7 ! y j � � _ ���� � - d�� � �� � �� � H Z ; I � � _. ----__. � ` � ' � � , L� , , MEMORANDUM The Frid3ey City Council and Fridley City �lanager From: Virgil C. Herrick, Fridley City Attorney Re: Locke Lake Date: February 23, 1973 I am submitting this memorandum regarding certain Iega1 questions concerning: (1) the ownership of the bed of Locke Lake; (2) the right of the pubZic to use the waters of Locke Lake; and (3) 1egaZ responsibilities of the City of Fridley pertaining to the lake and the. dam. As �ou are a11 aware, Locke Lake is a man-made Zake. Prior ' to the construction of the dam at the Westerly edge of said lake, the property now inundated by the lake appears to have been part of Revised Auditor's Subdivision No. 23. This property was bisected br� Rice Creek , and was privately owned in the same manner as any other property in the Cit� of Fridley. ' r ' ' � , , � a On January 13th of Z955, the Village Council of Fridley passed a resolution stating in part: "Whereas, Otto Ostman, at his own ex,pense, �roposes to build a dam in Rice Creek at the Zocation of the o1d street car right of way at East River Rd. and has applied for permis- sion from the Minnesota Department of Conservation .. . BE IT FURTHER RESOLVED, That after the dam has been con- structed, the Village of Fridley accept it far permanent maintenance and assume the fuZ1 responsibility for main- taining the proper water Zevel as established by the Department of Conservation.° Following the passage of this xesolution, the Conservation Department issued a permit to the Village of Fridley authorizing the construction of the Locke Lake Dam. This permit was dated February 21, 1955. The permit provides in part that the vil.Zage sha11 assurne a11 responsibility for operation and maintenance of the darr. and that they sha11 provide a perpetuaZ easement for ingress and egress to the dam. It goes on to state that the permit is permissive only and t1�at the pezmit sha11 not reZieve the village of any Iega1 responsibility, and in addition it holds the state harrr�ess from anu cZa? m.s. � t � , � � � ' � � , , ' ' � � , � � � ' -a- It is my opinion that the ownership of the lake bed is private. This Zand is owned by the people who owned the property prior to establishing the lake r�r their heirs or successors. In examining t.he half-section sheet, it appears that there are approx- imately 12 to 15 persons who owrr a port.zon of the lake bed. I am also of the opinion that the ri�ht to maintain the dam and the water 1eve1 established by the dam has been established by prescription, inasmuch as it has been in existence more thari 15 years. It is also m� opinion that the waters of Locke Lake are ptablic waters. Minnesota Statutes, Section 105.38 states that: "Subject to existing rights, a11 waters and streams and lakes within the state which are capable of substantial beneficial public use are pubZic waters subject to controZ of the state. The pabZic character of the water sha.Zl not be determined exclusively b� the pro- prietorship of the un�rlying, overlr�ing, or surrounding 1and, or on whether it was a bodr� or stream of water which was navigabZe in fact, or susceptible of being used as a highway for eommerce at the time this state was admitted to the tmion. This section is not intended to affect determination of the ownership of the beds of lakes or streams." It seems apparent that the waters of Locke Lake are susceptible to public use and, therefore, it would be c�nnsidered a public 1ake. There is pub,Zic access to the water, therefore removing an� problem of the public gettzng to the water without trespass. It shouZd be emphasized that it is possible for the bed of the Iake to be private and the character of the water to be public. It appears that the City of Fridley has the responsibilit� to maintain the dam and to irraintain the �rater elevation at the Zeve1 established bz� the Minnesota Conserrration Departrnent. The Zeve1, of ctiurse, wi11 fluctuate, depending on natural conditions; however, I understand that the outflow elevation of the dam was established by the Conservation Department. Ii would be m� opinion that the city would be liable for damages if they were negliqent in the operation and maintenance of the dam. Da�ge caused by unusual weather condi- tions would probably be determined an act of God and beyond the liability of the cit�. � At the present time, I do not feel that the City of Fridley has any Ie�a1 res�.c�nsibility for th� rnaintenance of the Iake _nr its bed. In making th.zs statement, I wish to 3ifferentiate betwe�n 1ega1 ' , vA . a m -3- liability and econornic and poZicy considerations whic-.h the council may wish to consider. If the city were to acquire ownership of the bed of the 1ake, their 1ega1 responsibility would very 1ikeZy increase. If the lake conditions do siZt up and the city owns the bed, the city would probably be required to maintain this propert� so as not to create a nuisance. Likewise, if the darr� were to be removed or malfunction, then the city would have a svbstantial area of property that would require maintenance. If the waters of Locke Lake recede, a substantiaZ number of p�ople presentl� having lakeshore lots would Zose their 1ega1 access to the waters edge. I believe that it would be to the advantage of those people to have the Iake bed divided so each of them would have ownership of that part of the bed that Zies adjacent to their 1ot. This procedure would require extensive survey work. However, consider- ing the nurr�ber of peop.Ze Ziving around the 1ake, the cost per individuaZ should not be excessive. VCH/j1h � � - � I ' � , . � i ' � � � � ' � STATUS REPORT FOR PROJECT #102-2 (STONYBROOK CREEK) NMQ/ J m Work Completed as of December 31, 1972 137 Sections of Retaining Wall 286 Tons of Rip Rap Pro'ect Costs as of December 31, 1972 Wages � 7,232.25 Materials 7,269.05 Equipment 4,09Q.35 Advertisement 53.61 Miscellaneous 22.10 TOTAL $18,667.3�i Requests for Additional Work Requests have been made to install 22 sections of retaining wall in addition to the work completed to date. Estimated Cost for Additional Work Rec{uested Assuming ru.ilroad ties for the retaining walls can again be acquired free of charge - $4,103.55 � If railroad ties for the retaining walls must be purchased - $4, 722. 30 Comments The original authorized cost for the project is $22,000. As of December 31, 1972 $I8,667.36 has been expended,leaving $3,332.64 as authorized monies. In order to perform the additional work requested, additional funds will need to be authorized. Please note that if the original requests are acknowledged and the additional work .completed, more requests may follow. Direction by the City Council is requested regarding the additional cvork and continuati�n of the project, Respectfully submitted, N�a�.� ,' _ �_ . �„E,�.�.�.c Nasim M. Qureshi, P.E. City Engineer - Director of Planning � _ � 1 ' ' MEMQ 'I'0: � MEMO FRQM; � MEMO DATE: REFERENCE: ' ' ' ' 1 ' ' ' ' ' Gerald R. Aavis, C#.ty �Ianager and the City Council, '; Nasim M. Quxes'h�, CitY Engineex ��; March 15, 1973 Report and Recommendation Regaxding Sanitary Sswer Pxoblem in Capitol Street Councilmen Nee and Utter and I met with the pQOple living on Capitol Street on Tuesday, March 13, 1973 xegarding the sanitary s@wer problem. CQnsidering all the factors and the costs, I made the following recom- m�ndations to the people: � 1. Repair all the breaks and deficiencies in the Capitol Street Sanitary Sewer line as indicated by the television report. 2, Do a periodic xeview of the line and provide flushing every three , months. 3. Waxk with this set-up for a yeax and if the people are still having txouble, provide ejector pumps on all the propexties still con- tinuing to have problems. pt pxesent, it seems there are only tl�rae property owners around the bend in the street that have a considerable amount of trouble. The cost of the woxk would be shared equally betwaen the City of Fridley and the home e►�mer. After tha� work is done, the City would x�vxew the situation for another year, then xhe City Council would hold anath�r public hearing regarding the paving of Capitol Str,est. ��e�� thp c�i�ex ��c����,1 �� x���yi�� x�� w'�q�� i�.t►� �� P�avi+�in� � �ift �x�ti.on �,� au�to expmr���,vo �nd a��o� �x mi�ht c�u�o groblams with �ha gxopaxtl�� dawn�tream o� the 1ir�e. The xauto boi��� augg�e�t�d in th� pxagos�l �,� the least e�an�ive with the po��ib�.��lty Q� p�ov�.di�ng additi.onal ��oetox pump� �� �has� axe waxxanted, I� t��.s w�Y, w� wau�.d be t�r�r�g to mi.nimi.za the prAblem hy a ste�a p�,a,n a�d xeaGt�.�g tca th� r�eods a� ��e situatalon r�qui.x�s. • '�'��xe wa� a genoraJ. agxeemor�t t�a thi.� pxopa�a� a,nd i£ this ple►n i� � acaept�ad by the City Couna�,�., t'��a� w�+ w�u�d prQC�ed �n th�s basi� ar�d would �tart t.�a x�p�ix work on th� �an�taary s�wer line within t�e nex� two month� � tha w�ather pex�mit�. , , � 'Thank you. �%� � * . �Ir► N�sim M� Quxesh , �.E, City �ng�.n��r � Dixector oP Plannin� NMQ/ j m . 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' �/ 1 . 1y'��� F' 1 � � � f � � s y� i � •r.4 } ��, !� , l, � A}* r � '� : \ • _ • �)' sr�1` �� • .. _ � . -- - • • ��T^���l�' , - ' � .. � - ' j':r �'r. � n " � n . � t • , ; _ -� i • y,,,, (� y• 1, •°, , -'r ti� ; + y� .�—._�•- ur��.-i� � f��� VKA6:� K1��"'r••• irz. f� "'�i ^.. i L J u� r. ��� � � : � R , . � � �� *^M�l 71 '� '�t -tt ' I�' ;.�.T.Y .,�.�•t'�,,{� ���.{ ') � ',� i�i.��� .r. . . . f ��� , f.�! � . t�tP � a.�.� ' L � �y i� ' y��\, . _`? � -��--- --# � � ''' ~ �i � ��' '�. � � � �'� . � `� `� � � . �,` � , `� � ; . .� ° � � ��� � ' • •"���``,' ` C �y -� ~~ ��T,�� � :i � , �,,.', ' `' . , � ._ . /'� ' .� � •. i � , � � ! . .. _ .. � � V _.-� % � ,J a ` \� � .,�°; ?'•: , B.w �. � c ' �`y ���^,' , ��t ` �r_ v �� � ; -' •-�.,_ � � , ,�, ,- �, ' ` .. �� ' g..�`t � �• ` • ' ,, �' ,�ti a � �� � � � � � �/f/ �� � , � � �v// _'�- � ' y""�'"t ; �/ � �� w i � 1.:r � • ._..� 2, . _ � �`,` �� ' ��+ , `r� "a � ' � ' ' ' , � �. , `.. • 1 r' '.,` . : � '� i � . ti�, 0 ' ', ° : a •� � -! - � w�. n . •+ � , .�, ��� . . i i. � � ry •' . _.. . . . ._ . .. _ _ - - ; .._ . . . . � � , � � .,i.,Z v . i . �, ' 1 �`"? s"' �.�.. � -- ---^' T -„ - •^ __-. �'--- •'- - - i . � , '1 6 9�J `'<J ; . . . ; _ '. _ _ f . � :. : �. �a �-.���,, . ` : � �u . ; - ---. . - ----. ..... . .-- -.----. -,-> -- - . -. --.--- ... � • �� , . ...._.. ... ;. , . i `:' � ; �- .-..._., �, n._.,.r- S� � �T.�� _.. . ." " ..-� _ �._ { w �. �' � "��._.-j .�.•' w. " .. .. . :../ 4 . 1 �� . . . ry. . } � ��:-- ts � _ ,.. .. 0�'1�5 . .�-�� � F.�*:��� .-- �._✓._... ; _....... . ... � _ - - - . � �} .. .. ...-- .. . , �' � � - � ._ . ��..� . .__. . .--....�.,�.._',���_� _. _... %ti.:;.l��,. ` . . m ' ' � .. � t . + .. ' . . . _. � • . , �� 'C3 ; • ' ' .. . .. ., _ ..._ _.�.._, - - � i �� ' RE�UI�AR CAUNCIL Mk:�TING OF MAX 1$, 1974 , � � � I ' � , � ,. , ...� , ,. PAGE � ONSIDERA'J�'ION O�' RE:QIJES7.' TO ALTEI� LANDSCAF'ING AND PI.ANTING PLAN FOR HOLIDAX S�OREs � I;�r, Keith HQivens�.at, Haliday, said that he has submitted plans for the pxo�osed change. He sai.d tha�. theX wish to im�zove the entire border area along 57th Avenue, by rema�ri,ng a11 of �h� whi.te stane, which is very dif�icu�,t, t�° keeP in Place� seed or re-sod the entire area, and repiant in its preaent confiqurat�.on approximateiy 100 ev�xgreen trees. He said that they wish ta remove the green plantinq area within the parking lot and replace with concrete. The purpose is to make it more sightly and easiez to maintain. He said that they have found that due to inadequate water, salt, qrime, and oil from the automobiles, it is virtually impossible ta keap these are$s ia proper condition. The plantinqa Which do exist serve as a barrisr which collects paper, cans, bottles, and other debris. In renwving these, they feel tha� it will make the lot easier to clean and maintain. Ha said that they plan on contracting out the sweeping, and then the conarate insets'could be swep� also. He �aid that they plan on sweepinq twic� a week, onae just before the weekend and once just after, if that will be sufficient. He aaid that they plan to include waterinq of the sod arid the �verqreens along 57th Avenue. Counailman Harris asked if sweeping twice a week is not enouqh, will it be done oftener. Mr. Holvenstot said that they would. He admitted that the m�intenance of the lot ha9 been substandard., He said that they wanted to maintain a clean, neat appearance. ' � ,� MOTION by Cpuncilman Harris to appzove the landscaping and planting plan ' as submitted by Ericksan Petroleum Corp. Secanded by Councilman Liebl. Upon a voice vote, a11 votinq aye, Mayor Kirkham declared the motion aarried unanimously. �J � ' � � � � �ouncilman Liebl said thank you to i�tr, Holvenstot for his cooperation. ��� ATSCUSSION REGARTITNG STDEWALKS ON WEST MQORE I,AI(E DRIVE: ' . The Ci�y Engineer repor�.ed tha� there have been three rows of stakes ,put in. �ne zow repxesents the placing o� the sidewalk in the Gity right of way, one xoF► i� the propezty line and the other row is wi�ere the sidewalks would be on the property owners' 1and. He said that he talked to 6 property owriers, which was all he was able to Gpntact, and they s�ill fesl that they do not waat the sidewalks. Mr. Nawrocki has the problem that the street is Off- centered in front of this lo�, so k�e suqqested that the sidewalks could be on hia property by 2 feet rather than the 5 feet. `� � Councilma�n L�,ebl �aid that from what he has �een, the children mostly use cazs and l?ikes to qet to schoo].,and th� beach. He said that he would hate �o �ee the besutiEul trees lo�st, e�pecially in light Qf the tree beauti- �iaa�ion program Fridley has. He felt that thia is strict,ly a residential n�ighborhood and that the sidswaiks were not needed nearl� as much a9 they are on EasG Fti.ver Road, MaXor Kixkham said that the oriqinal intention was �o prav�de oPf stree� s+�P�ty �p� at�der�Ce or� the way to achool. COWiCi13qa3� Si�eridan agreed dnd poinked out that there are qlready si�iewalke arqund the schoals. ' �i • lAW OP'PICES SCHIEFFER� HADLEY� $AKHE 8e �TFN6EN R14MARp.1.iCNIRPPCA • ��O IIIROOKPALE TQWER$ P,MAl14�71 i_MAC�RY !67*� AVRI^IUC NORTH AT DRQQKDA�C CCNTEW AA41,J,AAKK[ R�v�p I.,,I[NS[N MINN�APQ41S, MINNE$QTq l�84�Q .1LR/lIC�A.CAAiON TCL�AHQNR �18��61-33Q0 OF CQVN�L4 WI�,�,IAM J, �►�cM�NO M�x�h 9, 1973 � Re: SAC Lawsuit �NOK� O►v�C[ 7tI�lS TNIRp AV[NUC N. ANOKA,MINNESOTA 55�0! TE4EPMONR 61�/«I-17�7 Gentlemen: � . We have enaloaed the final phase of th� Answera to Interragator�es which were required by the 1Vletro�ol�tan Council and the Sswer Board. Alsa �n�losed is a Merrio on the pragres� oP the lawauit. � We wi11 keep yau infarmed of Purther developments. Sincerely, � .� �, S FFE , A LEY BAKKE & JENSEI�T R�.�haxd J. Schie r RJ9:rmg Encls. 0 u . � _ __ . . _._.__ __. I_ _. _.. .__.____ . _- --- -- !� . � � �� _ f ,; � 21 A M{ i� :� �; 't� . y� TO THE GOVERNING BODY OF: The City of Brooklyn Center, The City • ' of Columbia Heights, The Village of Edina, The Village of. Golden ', " Valley, The Village of Plymouth, The City of Robbinsdale, The �' Village of Roseville, and the City of V�jhite B�ar Lake, The Village ;, of Burnsville, The V.illage of Forest Lake, The City of �Iopkins, ' 1� The Village of I��laplelvood, The City of Fridley, The Villaae of ;� North Saint Paul, The Village of. Saint Anthony and the City of li South St . Paul . FR��: �ICHARD �. SCHIEFFER, Attorney for Plaintiffs and Intervenor � Faai�tiPfs in City of Brooklyn Center, et al vs. The Metro�olitan �.rf)12II�11 REo '��e �a�-ess af the Lawsuit Challenging the Validity of the �El� ���r�e. , .�i� �r€�� are aware, in November of 1972 eight municipalities }arc�a��;�� �xa �cia��a ag��nst the Metropolitan Council and the Metropolitan S�r�e� B��r�c� ��al�en�ir�g the authority exercised by the Council and the Sewer Bo.��°� tn: aa�s��tuiirag the SAC charge, which basically is a permit. �ee �prese���.�y �2?�.. } chargec� for each family dwelling unit (or equivalent unit i� tl�e� c4s� of irtdustri�l or comrnercial) which is hooked up to the ' sanitary �ewer. 'I'he municipalities involveci in this lawsuit contend that �` the Legislature intended that the sewer charges be based upon the amount ' I, ;� of sewer capa� '� -----�a �^ °��h �f them rather than upon the number of hookup� a r ; _. _. _ _ e - � �i m , � � . � .. � . . . . � � . � . � the municipality. A second issue is, of course, whether or not the SAC i � � charge, if authorized by the statute, is equitable as it is presently set up. ' �. That both sides would allow, by stipulation and agreement, the in�erventian of any xnunicipality which wished to intervene on the side of t�xe P�ainti�'f� c�r o� tt�ee side of the Defendants. �. `�ha� the �t�nicipalities would not alter the language of their Ca�a�fl�t� r�ri��e�a, �y its 2a�guage, inight place a cloud on the power of ��i� ?�/Ie:�.�°m ��unc�� to barro� �noney in the case of a shortage of current �l���g�,� ��r�c��. That the �Ior�h Stxburban Sanztary Sewer Board, a group °'� r�tr���=���i�..��� ���er�ly createc� unde .r a Joint Powers Agreement, was not a�rrap�r p�a-t;�, �� pa�esently canstituted, to intervene on behalf oP t�� �our�ci� ��xc� t�e SP�e� �oard. 4• '�`��.t the Plaintiff municipalities would not join with the Counci� in asking the Court to send oui a letter requiring that alI municipalities in the seven-county area be made a party to the lawsuit. r� �i �� , '; � conduct � ;, . » r �; itior � �� I( _ ;; �`�� � C and we are sincerely gratel'ul for their help in providing ti�ese answers. We are also grateful for the many comrnents and suggestions which we received from your staff people with respect to the answers. Answers to Interrogatories lay the groundwork for the final determination of the lawsuit and you may be as�ured that each answer was given a studied consic�eration before adopted in its final form. Copies of these Inter- ragat�ries and the ansvvers ihereto have been provided to your munici- �alit� pf you wish to exami�ie the document. A further agreemetrt v�rhich was reached in the conferences among � � � t�e �.�.�orneys was that both sides wished to have the matter litigated as � � . :i �o� �s possible. However, under the Rules, a controversy cannot go ' ,� �; � to tr:a�]. until both sides have h�.d a reas�nable period of time in wiz.ich to :t � � � � �` cc��e��a�t discovery. V6�� r�o nat know whether further Interrogatories will ;� b� sc���ed by the Defendants, nor has a final decision been made as to �r �• whether we will be taking c�ep�ositions, serving Interrogatories or requests �, ,; i: i; for admissions. ;i ;� As we have stated earlier, one of the agreements reached u��.s I ! that any m� ; out ob' ii p� ,� �;. -.: �. _ .__. -. ' '. ' . ' ' � I _I , � , f+ � ; ►� � � �� � �� 2]. D � ,, r f� �� Sewer Board. To that end, on March 2, 1973, Attorneys Por the Sewer i! , �! Board brought a motion before the District Court of T,-Iennepin Caunty in ,� i �; which they asked the Court to order that a letter be sent out to every �; ' municipality within the Metropoiitan Area requiring that each municipality :' offer to jain in the �awsuit either as a Plaintiff or as a Defendant or, in iE tt�� as�tera�a�iwe� t� agree �o be bound by the result reached in the litigatio ;, `' (t��t is.; t:� �Z� r��rned as an involuntary Defendant). Those who do not << � � ;� ��� �m jEpr.ri .�.n �l�e lawsuit (the involuntary Defendants) would not participa ,. ;� �� � "� � ;� gr� a:m� �r�y Ta�� would merely agree that they would not try to re-litigate �; ;j tl�� i�su�� if ��hould occur that the Council and the Sewer Board prevail ;� `' ��� I�w�u:s� We fel�,. of course, that such action was completely un- � nece:���.r� �xn� �xtreme�� unwise and therefore chose to vigorously oppose I su�h. a��a�ic��. �o�e���,. Judge Parker felt that the Motion was entirely I pxs��e� �r°��aar.�t �c� 1'��tie �.� o� the I-�ules of Civil Procedure and felt furttie � that !�e �acT r�a cl�oic� btzt ta grant the request of attorneys for the Sewer Boa�d and �auncil, and he therefore has ordered that a letter go out to �� every municipality in the seven-countv area. rPrn�ir;n� th�t thpV �f�r ;i join as a " �+ �� r e sult , ii • f �u +! � N uE � Roth co-counsel Joseph Summ.ers and myself believe, as we did at the outset, that the issue is really one of the proper use of authority under the governing statute. We do not believe that the intervention of large numbers of municipalities is either required �r helpful in resolving this issue. We are genuineZy disappointed that the Council's Motion to attempt tc� join otEier mt�nicipalities was granted but will do everything possib�� fo see t}��� t�e Qrder is carried out quickly and expeditiously and tf�at �f�:� ���s�i� c���s not degenerate into a procedural tangle. We hope �� ���r� i�e c�aperation of all local government officials, whether oppo�ec� �� i� �'�vor af the SAC charge, and hope to resolve the inter- ventiax� is�:uc�� a� c��atickly as possible and get down to the business of finall� ��e�e�.�ug �t�e z��ez�. We will, Ai caurse, keep you informed of , � further d��-���pm�r���_ �I ]RUSEN & SUMMERS' , _ . . By. .✓,_„ � � ,� l �:'� cz� ? Jq`seph P. Summers Osborn Building ["�� T � ...'. . . .. .��._ ___._ . . ' • __ ' �� , �� �J � � , ' , , �J � ' � OFFIC� OF THE CI'TX MANAGER FRIALEX, MINNESOTA March 14, 1973 1`�MQ TQ: THE MAXOR ,AND CITY COUNCIL SUBJECT: WE�A PROGRAM FOR 1973 The success of our 1972 weed program can bs noted by the absence of com�laints concerning the service throughtout the summer of 1972. The major reasons for this rather uneventful summer were primarily due ta the canpet�nce of our weed contractor and the fact that coat estimates were givea to people rior to the contractor doing the.wo�k. This year we have h�en able to retain the contraetor throughout the 1973 season with all conditions npt8d on the� attached agreement. The rates for 1973 do aot refleet any increase and-are as follows: TraGtar and Operator $10.5Q per hour Mower and qperator 8.00 per hour Truck and Driver 10.50 per hour Cleanup Man k.50 per hour Hand Mowing and Cutting (per man) 4.5Q per hour �he only change in policy the City wi11 b� making this year is that we will be basically charging $10 per lot, $8 to contractor and 25% admini.- atrati.ve charge, for the contracCor to keep his rates at the same level and set a reasanahle minimum charge. Th2 weed program is primarily run on a cost basis t4 the users and no tax money ia utilized to conduct the program. Mr. Barnette, our Weed �aspectox; has been working for $4.50 per hour for the last faur yeara and ie recoanmended £ca� an increase to $4.75 per hour. , RECOIrIlKENAATIONS : i. The agreemen� aCtack��d be �igned and Mr, Gexmundsen be r�tained far 1973 as Weed Contract�r for th� City of Fridley, 2, Mr. Barnette's salary b� raised fxam $4,50 per hour to $4.75 p�r hour. G�/P�/ms A�tachm�n� Very respectfully, �C.��� A.+��� Gerald R. Aavis ��ty Manager . �� � , . . ' . � � cxxx oz+ �aznr�Y MtJTUAL AGREEMENT � �A , TAIS AGREEMENT, made and entered into thie day of , �.973, by and between Briaa Germundsen, Germundaen Con�racting, Rogers, Minnesota, aad hereiaafter referred to as the Cantractor, and the City of Fridley, a Municipal , Corporatioa, with officea at 6431 University Avenue N. E., Fridley, Minnesota 55432, hereinaft�r referred to as the City. �REAS, the Ca�tractor has verbally stated his intentioa of continuing to provid� service to the City thraugh this year uader Che existing contract; and W1�REA8, the City has been satiafied with the service provided by the contractox; aad y�REAS, the Coatractor agrees to continue providing service through 1973 uader the following conditions: 1. The Contractor agrees to conduct the 1973 weed progra�n at the ratea agreed to in the 1972 contract. 2. The City has agreed to �et a$8 miaimuca per lot charge to cov�r the Con- Cx'aC�OT � S COS�B . • � 3. The City wi11 provide room on the City garage grounds for storage of vehicles and fuels for the Contractor, NOW THEREFORE, it is mutually agreed between both parties to continue thia co�ntract agreement through 1973 season, or appxaxiaaately Qctober 1S, 1973. AGRRED TO .TiiI3 DAY AF __ ___ __ `'_� _ �973. � � CC1N CTO : � �'/ a ' di.��r�c�C�------,--• (witneas) (Witae$s) ��,�i1t38S� (Wl.tne�e) �� ci�r oz� �R�n�x: Bv� .�.:_.�._._�. — �'rank G. Liebl, �layoz x�' • G�;aj.d lt. Aavi�, CiCy Mana�cr ..=.?'#x._. .,.. . ...''i � .- � F ¢ i � � } '- �, . r � � ,. �<� ' � ' . ., _'S � ,� �, ° �t,; r;� �,. *�:;�w s�:�, ,�„' p � r°. 'e`� �� � �. v ,�a �A�b ��k�a��� � xae+' a�.� 'a'� .'8: " a;'a .�� 3 � r� �. y .. . . ., . � . �� . . .� � t, r 9d � � $.• + °i ... . � . ��.. �,,w �,��.r` �, ,"%�..�lid . ... . ' � ' � , ' ' ' ' ' ' ' , ' �� � � � LJ !60•3150 � r ��f o itdle �3 � � - - —� �1NOKA COUNTY 6431 UNIYRRSITX AYENUR NE FRIGLEY, MINN�SOTA ��� Irtarch 12� 1973 55432 Mr. Jake Lundheim, County Eagineer Ar�alca Caun�y CourC Hause . '.11,�uoica� � Minnesota 55303 � � Ret �aet Rtver Road Safety Improvement Plans and Needs Reports Dear JakeR Encloaed herewith yau will find two xeporta regarding Eas� River �Gaad which were received by the City Council, of the City of Fridley at their regular Me�ting of Maxch 5, 1973. The first report is from James P. Hill, --�lasistant Cixy Manager/Public Safety Director entitled; "East River Road Eaforcement Program", and the second is fram me to the City Manager and �I�ty Council entitled: "East River Road Safety Impravementa, Accomplishments d Futuze Plar►s and Needa". I t�taat to especial.ly point out to you Page� /i3 of Mr, Hill's memo, whieh ou�linea hi� recammendations in regard to eniaraement and education. On �'age �f16 of ury r�port, T havs outlined th� needed impxovements and/or actions far traf£ic saf�aty on �ast ltivex Road. We have discussed �h,e need fo� instal].ation cf delineators, guard rails, xef•lecto;s, raad mazkings which are more clear ta �he drlving public, etc, W�tb�yaur Staff arad you have i�dicated a williagness to $et the work done as eoon aa the wea�her p�rmit�, I had � diacusaian witk� Bud Redepenning, of your Staff, concernin� the t�i��d for more fr�c�u�n� center line st�iping, and he assured me that you are doing this striping �n the apring and fall and that yau would look into th� poaeibility a� providing striping more fxequently than this if it appears to be needed. T am suxe pou are fully aware of the serious traffic problems on East Riv�r Aoad and this material is.being provided to you merely in the spirit oP coopexatian, and in the hope that with the concerted effoxt of the County, the City of Fridl�y and othe� $overnmental units, that we can made East River Road a aa�er a�nd mare pleasant road to travel. ' CC: Thank you. Couaci].man W�lliam Nee City Manage�r, Gerald R. Aavis Aeat. City Managez/Pub11c Safety ��}���y Ca�m�ar�.��e�'� �!� �9����k Ycu�s v�rv trua}•, �'� �-�c. /�-� • �c �c.+.�L.'vf-� - Nasim �I, Qureshi, P.E. City Engineer - Director of Planning Airectoar� J�mes H��� �� �kA ����nno� � � ' ' , , � � , � � . - :'d„y.5s4 , r;$��"�S�y�r i y".0 l'#.y .. � .c, . . . . . .. . r �, > 'c - . : . �. -. ...:. � . .... : � . . . ,:.�,�... , . . � .'u� �� . . . . . . ..... � .w._.. V..r_ .. .._ __,:..s ._:. . .. __:.:,.�..._.,. ..:m .�.'�..,_i::., . ..... .. , . .,, .. . . . . �:z:.33. ... . .. �... . ., .. .,..._..... .. .... _. ._ .. �� • � . . . ' . . - .. . . '�. ... , ' . .. ` . . . - � ' � ��., � 4 '� . p - . . ' �,� T" a 4�, �' � � � , .> . . .,„. , ,. . : : - '.. .,,. A . . . . _ �:. - .. . _ � ... . . . . , - d . .... .: , _ . '._ ... , , . . . � � . � . . . . . .. , . .-, . � - � � � . . , �. - Y ., �.., ,' � , t ' , � �1 , /' . �J � , ' ' ' � `."� �:;✓ ' 23 A R'taGUT,AR CQIJNCZT. MEETZNG OF NOVl�18ER 1, 1971 814GE 17 '�+� Ci.�y Attorney aaid ha wanted ��o poin� Aut t,ha�� it thi�s xec�uest is turned doavr�, anather cannot be n�ade Por aix �tont�ha. Mra, Baker said the Prontaqe af Lo� � is 66 �e�t and the lat is approximat�ly l� acres, The majority aE the praperty is no� on Central, but is back and is quiet, and sealuded. She did not fea]. a doub�.e bunc�alow on T.at 16 would a�f�ct Lot E beCauss qf ths way the lot �.s laid out, any stzuc�ure would have to be set qui�k� far back and this would �u�tiier remove it from Lot 16. She added that the double bungalow could nat be sean t�hrougb the tree� anyhow. Councilman Harrl.s said tha question here 3a � Whara to draw the line. By settiaq a pxecident, the City aould not then deny a resoning on Lat 17 atc. ' � Gouncilnnan Kelshaw sa�id the majority of the ,�Sa�1e h�ve not been in opposition t+a the rezaning. If there was a sinqle �amily dwellinq on Lat E, thexe still Would aot be any need for a ne�r raad. The d4ubis bungalow would have ta face Ceatral Av�nue. Mr. Reese said yes, they would plan to �'ace the building toward Cesntrai Avenus. T� VOTE upan the mation, beinq a voice vote, Hazria, Breider ar�d Kirkham votinq a�y�a, K�elshaw au�d �.iebi vcatiag nay, M�yor Kirkham doalared the motion carzied. Couacilma� Li�bl commented that he could nat se� Nh�r anyone would build a x�sidential. home on thie lot, and in hia opinion, this roquest was a leqitimate one. Mrs, Baker added �heze �i.11 probabl� be future zec�uest�t fox rezoning on thia lot, there k�av� been sc�aie inquiries into this 1ot for commercial use, and �he khouqh� that a double bungalaw would ba prefexable to aoQanercia� as fax �R the residsnta were conaerned. Maycr iCi.rkhaua said he aqreed with Counciiman ilarris, h� wauld have voted in ravor of rezor�ing th� x�orth half oE the la�, k�t 1�� cauld no� go along with rezaninq the whole iot. ' ` � J1F8RQYAL OF AGFt�EMENT k'OR PERFQRMAATCE OF A TRANSPOAZ'.ATTAN STLTDY FOR IJORTHT04IN x �o�mR: MOTTON by Counai Lnan Harria to appxova the agx�emsant for the performmnae of a � tra�ns�cartatian studx �or the� Narthtc�wn Caxzidor, Seconded bX Councilman 8reider. Upan a voice v�te,a.].1 aye�, Mayax Kirkham d�clared the moti.on carried uraanimously ; ' � � � , ' � ' 9-�977. - ANA AND QRD�RING ADVERTISEMENT FOR BIAS: �ION b� Counc�,ltna.r� Liek�l to adopt Re�s�olut�ipn A139-�.'�7�., 5econded by Council- man 8reider, Upon a vaice vc�e, a17.�sys�, Mayo� icirkham deolared the motion cars'isd tu�aanimously. � Mayor Kirlcham said the propa�srs]. i�s to s�� ��' Cclamb�a Heights and Fridley ca�id ac�ree �o enter into a s�.ud}� to aee if thexQ ax'e any ar�as wheze t!�e two cities could w�Dzk ;�ointly �o savs either time, mpn�y ox� eneryy, or to bq more erfecient. �i� �a� dor�e �ive xei+za aqca Kith S�sing �.�1ce Park, Hil�ltop, Fxidl��, and �olumbi.a Heiqht�, Sinc� �hat ti�,mp F�id�,s�+ has developed conaiderably. H� said his ,primaxy canaerr� was to be in a pc�sitio�a �.o �►�ove to the M�tropolitan Cauncil, i# and when there was t� tima Lo become ane ci.t�+, tl�a� the ci�ies can function .]�et#�e�c individuall�+ to �solva their owr� grobiema. �f "�� atudy were to show �,74��,'� W���!� :•c.me ��.x��►� �'��.c��p�y ayand Co���aia ii�i�h�a ccau�:l wp�k j�int��.�!r �'��e. ' ' ' ' yh, `d. � '•4._� Y`.� � ' k � .. .: � � a$ ' < +r a' ti a ���. � e.- r � s�: S «�S . _ . ..... y�„r. .• � �; � . . +!f1�?;'�8+y�++2�.a..�a;.. - � �`y:�s_�� � _ _ ..� __ . , .. . .. _� . _ _ ,. _. ��:_ . .w. ..' �.. ... _ ... ,_ ,. , _ �. _ � _ - . �` . _ " . . �'. � � , � ' � .. . . . , . �. ,. :'j � ' `_ � � ' ' ' f a , . . . � �, : , . . .°„ .. �- . ., . « . ,'`� � �.'_ ��x . , . � 7 ' � r ".'r �1c�� . . . � 4. . ., .. . .. �:� � � �, , ` . , " �, ' � +�l�":."��"+�`�*w,»r! , � s _ . ,. .. . , c , ��' } ., , ., . � , � '- •, � . ., .. . . . . .":�;3'x��'".." . , _. . _ , . _,.a_ ., � _. .._ . . . _ . . � - - - ' 0 0 RESOLUTIAN NQ. 22-1971 A.RESOLUTION REQUESTING THE ANQKA C�UNTX CQI�L*�RSSIONERS TA REI?UCE THE IMPAGT OF THROUGH TRAF�IC ON EAST RIVER RiOAD IN FR� DL�Y �r WEtER�AS, the Gity of Fridley has been concerned about the uasaie dxiving conditions and high accidenC record on East River Road t'hrou$h Che City of Fridley; . , WHEREA�, a considerable portion of East River Road in Pri.dley has residential developm�nt along it; WHEREAS, the cantinu�d develapment of residential, coen- mercial and industrial areas in the communities North of Fridley ia putting an added traffic burden on East River Road; WHEREAS, �hexe are two North/South State Highways,fully impxoved,through the City of Fridley; WHEREAS, it i� the goal of the City Council of the City of Fridley to keep as much through traffic as possible off East Rtver Road; �1QW, THER�FQRE, BT TT RESOI.VEA by �he City Council, of the City of Fridley that Anoka Caunty i� hereby requested to: 1. Make a complets study o£ �ast River Road North of � Rice Creek to provide a saf� roadway for the use of the cit3zens of Fridle�. � 2. Uadertake a study to se� how some of the through , traffic can lae diverted ta the S[ate Highways. ADQPTEA 8Y TA� CITY CQLiNCIL OF TH� GITY OF FRIDLEY THIS 1ST DAY OF' �� , 1971. ATT�ST; � I�AYOR - Jack Q. Kirkham G"�TX CI,�RK � Marvit� C. Bxunsell ' 1 I . �� ' ' ' ' � ' � ' � ' � ' ' .. • ' ' C RESOI.U'TIOI3 N0, 55�-�.971 A RESQT,UTION �tEQtT�S'�TNG A�+TOKA. CAUN7.'Y �OMMISSIO1�jERS TQ A�'PROV� T. Q. �', I, C, S. P�,A�V FOR �ME�RQVING TRAFFIC 3AF�T'Y QN RQAAWqXB IN THE CITX AF FR�DLEY .,.�-�--�-,_ � , _ � /) I� 4� �i!, �"C !fE 1'- � �. �`��� � 23 C � __�'- . ��%� l�..z_ `���. .�'( J ����� �--- _, ��- , %�< ' .,� �- ,..�....-_.f � I � � WHER�AS, there are certain tra£fic hazards that exist on City, CounEy and S.tate raadwapa i.n the City of Fridley, WHEREAS, the City has been concerned about theae traffic hazards and is interested in sliminating thesa problems as saon as passible, WH�REAS, there is a Fedsxal program, namely T,O.F.I,C.S., under which some Fund�ng ia available, ep�ciflcally to remove �uch traffic hazards, WH�REAS, on� af ths requirements of this pro$xam is that th� program has ta be administered by ths County and all o� the funds are appropriated thrau$h County afficea, W�i�REAS, the Ci�y would like to a�e that we avail t�ese Federal Funds to help eolye these problems on City and State Highways along with Caunty Roads as eaan as poas:[b1e. . Wk1�REA8, basically the firs� s�age for safety improveme�tt n�eded to be �ati�fied ia mainly improv�ment of Eaat R�.v�r Raad, Mississippi Stre�t, espea�allp the underpasa, i.mtersectio� oP Central Avenue and Highway Nc. 65 and Pedestrian SS��.t}� Pi0$X81[!a 0 WH�R.EA9, the �'�dezal Fundin� undex �,O,P.�.C.S. i� availahle now cn ��.rat cam� #irat aervs baaie, NQWt THEREFOR�� A� IT �SOLVED by th� C�.ty Counci.l of the Gity o�' Fridl�y, �hat the Anoka �aunty Commi.a�ionera are hereby requested to approves the T,Q�P,I.C.S. p�.�n aa scion as pos�ible for th� C�.ty of Fxidley, namely in�ludin� the �.mpxavemenC� q�' Eaat Rive� Road, Misaissippi Street, eapeeial�y ths under paas, In�eraeati.on of C�ntral �v�nu� and 'Highway No. 65 and Fedestrian $af��y Frogram withia th�: City so that tl�� City, in conjunction with the County and thx'ough Ghe Caunty can make appl.icatlon for Federal. Funding under T.O,F,I.C.S, and ge� he�.p in sa�.ving aome Qf these traffic safety pxoblems. ,p�AOFT�A BX TH� CQUNCIL QF '�'H� CITX QF FRIDLEli TFI,IS 3RA AAY OF MAX ,1971. , ATTEST; MAYQR - Jack A. Kixkham ' CTT�..: CL,�RK �- Marvi.n C. Brunaell � � I �. ' lit:�J0I.U1��Ul�i Tlt�• Z3'1:1%l 23 D � RE�OI�UTIO:�` F�QU1:S'T'Ii�'G ANUf:A COUiV'T'X TO PIZOC��:ll j1'I1'ft T�lE Ib�t�'ROti'k:Atl:l�T OF �:AST RIV}:Et ftOr11) �I;'I'l�'�:l:N I�Tk:h51'A`fk: � �694 ANl? RICk� CR�:I.;�e IN Tft� �I1'Y OF F1ZIpI,i:Y ' � Wt[E�t�AS, the Ci ty of Fridley lias bec�n concerncd about the � unsafQ driving coridi�ioii and the high acci.dent re��rd on E�st Rivor Koac�; , • . WfIER�AS, the Ci.ty ha's bcen tirarkin� with Anoka County to comt� up tvitt� p�.ans to imprave the traffic sa£ety ar� Fast River Road; �ii/ u ' �.WN�RI:f1S' th� CQIlSIl�.�1fl,P�, en�in�er £or °�he Coui�ty, E.G. Bathex and Assaciate�, has submitted � plan £or t}ae smfety improvement of ' Ea�t River Road from Interstate �694 to Ric� Creek; WEIER�AS, this plan was'presented to the pu6lic at three Public Fiearings by �he City Couiicil to get the point of view of the citizens livin� along East River Road and come up ��ith approgriate recommendmtions far the improvem�nt on ��st River Road; �' WH£REAS, the�general feel.ing o� the publi� was not to acc�p t the impravement plan as presented, but s�e some modifications ta the plan; � �WH�R�AS, the Couz��y is working to get th� approval of the . impxav�men� glan under T.O.P,I.C.S, pro�ram and get some funds from the Bureau af P�blic Roads and the State fiighway Aepartment £or the project; � � NO�Y THERE�OR�, be it xesolved, by the �ity Council of the City of Fridl�y that tha Anok� Caunty CQ�nmi�s�toners are her�by . t'�qu�sted to mvdify the Cc�unty plan for EasC River Road improvements . to only includ� tlze followir�g it�ms and c�ndit�ons; � _, ' � 1. Provide th'x�e £u11y actuated si�,nals at the Geargetown . Apartm�nt�s, blst Av�nue �Schcol Nax°th �ntrancej and Mi.ssi�sigpi Stxe�� alon� with th� �ull development o£ these �.ntexsections. ' �2. �Provide the comp'lete ��arm SE'iJ@T s}°s��m to tat;e care of � . draina�ge and i�y roa�3 condition� on the road��ay. ' 3. The divider betti�e�n b�.s� and Diississippi Stree� be el�.min- ated except for the propex ctianalization of the tra�fic at �ntersections. ' , '' ' ' ' .. 4. The hvuse at 100 Rivors �d�e 1�'a�r not be taken to pravidc th� cannectia�� bet���een �ig,nal and Rivers Edge �t'aY, , 5, Frcavicle xoad�,�ay connect3.on and ti�alk ways on thc ��'�st sicle of , East Ri��er Ro�d to pxo���de sa£e pcdes�:ri�n access tQ • sc�loo7� �a�•opert}', �. �1�qu�.xe t}ie whola property of the &as station on the titiest s�de of �ast �iver Ro�d £or tlte proper im��rovcr;crlt of Mi�sissip��i S;rcc� intcrscctior�, • . . ' Rcsot,u�rz.ort rto. 23-i97� ' 23 E 1 � . ' �.'Provide thc roRd«ay impravements as proposed in thc plAn �' , between Intersta�e �694 and 61st Avenue. , �8. Da not provide A�hton Avenue Fxtension connection to the � rroposed 6l.st Avent�Q signal, AND, BE iT FURTEIER REaOI.V��, tliat Anaka County is hexeUy , requestcd to vigaxous�.Y pursue the funding o£ the abovE improvements , frora the Federal gavernment under T.O.P.I.C.S. program. . � ' •. , ADOPTiiU UNANIb(OUS1.Y HY TH� CITY _COUNCI� OF THF. CITY OF FRIDL�Y '` 1'tilS � lst DAY��OF • Diarch , 1971, . ' ' . � _ � , , .I �. _ _ � K ,T . K �� , . . . ._.. . • , ATTEST: � � ' . � . , , / . � - bIARYIN C, BRUNSELL 1 �� f�/ . . ' - e 1 , , . ' . � � � • , . . e . � T�• � �� � • ' , , . . . � ' * • � , , , ' , r - � ' � ' , • .' . e ' ' ' � • � ' . . , ' 1 ' � 24 . ' RESOLUTION � � 1973 � ' A RESQLUTIQN �0 ADVERTISE FOR BIDS ' BB TT RESOLVEA by Che Couacil of the City of Fridley, as follove: ' 1.� That it ia in the interest of the City of Fridley to award coatracts far the foilowing work: ' 1, .Construction aad Remadeling o£ an Emergeacy Operations Center ' 2. Remodeling of the Police Department ' NOW THEREFORE� B� IT RES4LVED that the City Manag�er advartism for asaled bids to be received on Aaril 12, 197�, for the above described�work. � ' • FASSED AND AAOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLE7C THIS � ✓ DAY QF � 1973. , , ' � ' . MAYOR - FRANK G. LIEBL ' ATTESTt ' ' . CITY CLERK - MARVIN C. BRUNSELL ' Publ�ah: Marck� 2a 1973 r, ' April 4, 1�73 ' I i ' ' 1 ' ' q�3 RES�LUTION N0, 3g'' A 12ESOLUTION ORDERING PRELIMINARY PLANS, SPECIFICATIONS, AND £STIMAT�S OF THE COSTS•THEREOF: SANTTARY SEWER AND STORM SEWER PROJECT #113 BE IT RESOLVED, by the Council of the City o£ Fridley as follows: 0 ' 1. That it appears in the interest of the City and of the property ownexs affected that there be constructed certain impxovements, to-wit: ' Sanitary Sewer Mains Outlet, Storm Sewer Outfall To serve the axea bounded by Matterhorn Dri�re on the West; , Interstate 694 on the South; Gardena Avenue on the North, and the City of Fridley Municipal boundaries on the East. ' ' ' ' ' ' ' . ' , , � , 2. That the City Engineer, Nasim M. Qureshi, and the City's Consulting 8ngineers are•hereby authorized and directed to draw the preliminary plans and specifications and to tabulate the results of his estim.ates o£ the costs of said improvements, including every item of cost from inception to completion and a11 fees and expenses incurred (or to be incurred) in connectian therewith, or the £inancing thereof, and to make a pxeliminary report of his firidings, staxing therein whether said improvements axe feasible and whether they can best be made as pxoposed, or in connection wYth some other impro�ements (and the estimated cost� as recommended), including also a descr�p- tion of the lands or area as may receive b�nefits therefrom and as may be praposed to be assessed. 3. That said preliminary repoxt of the Engineers shall be furnished to �he Cauncil. ADOPTED BY THE CITX COUNCIL OF THE CITY OP FRIDLEY THIS �� � D�AY 0� , 1973, � ATTEST: - arv n . runsell QR - Fxan G. Liebl 0 c I T E M# 26 RECEIVING A REPORT ON A PROPOSAL FOR THE METRO RATE AUTHORITY (TiiE REPORT IS IN YOUR AGEIJDA ENVELOPE) 0 0 �� SUGGESTIQN9 FROM CITX GQUNCILMEN - ENV�RONMENTAL QUALI7.`X CO1rIl�1TSSI0N suca�ss�n �x Evere�tt Utter Wa�t Starwalt Walt Starwalt Walt Starwalt William Nee SUGG88TED APPQINTEE Ranald F. Burton 741 Pandara Drive N, E, (Sb0,1626 - Home) Thomas J, Sullivan 1350 Gardena Avenue N.E. (788-3557 - Home) Glea a. Lillmars 1561 Gardena Av�. N.E. (788-3869 - Home) Gerald W. Tjader 6563 Fxidley Street N. E. (784-0102 - Home) Mrs. Charles Martin 133 Ston�ybrook Way (784-s770 - xomej �� 1 Year Term 1 Xear Term � Year Term � v � , ' except for the first Coanmission appointed and except for hi atudeats who ahall be appointed for Cerms o� Qne year each) rie.vers - � isar school or college I� AequiremeaCa; ,(1) Appoi.nted by Mayor upon the approval of majority o£ Council. (2) Residenta of [he City and sha11 have an interest in the envirocuaeat of the City, and shall be appoi.nted with due regard to their fitneas for the efficient diapatch af the ' functions, duties and reeponsibilities vested in and icaposed u�on the Commissian. (3) Chairman shall be appointed at Laxge, Reaiaining six members ' shall, coasist of 2 members from cach Ward. (4) First Commission appoin[ed shall be for terms as outlined in Ordinaace) � ' . , ointee _�� I E ' �' � i '� � < < ',�, ; ^ t � CHAIRMAN , ," : .- r��� ,_ . (3 Xear Term) ,. � ��..: '`�t ' �f� �� � . ARD ONE _ _ , , d, � ����f, � �/I �, "U�:i�- � � � ,,,,� � � ., ' W� WM� .4nAEri' 0 �� �� � , (1.Year•Term) _ `?`� � �"'c� '�'rt _,�,�,;e,, , f � , , ' � �.d.,: , . .. � < � (2 Xeax Term) �- � " � ' � ��i� � . , , , � f � �� ��� � '��� ' � (1 Xear Term) / a z ` � � �.� . ��, �^ � t � a,. .v ,It�r-� c '- ' �.,� (3 Xear xera�) �' � L 7 � `? �(-,� �. .lt'. L./��Cr �(,�'��l.��i.fK`�..�,� . j - � �;� �} �J � ?���iS 1 . ,�� �`� � ,� � �" ��, —`=-T�'- � , � , a=----�-� • ti (2 Xear Term) ,�.�...- �� -'' • . ,� ! „ " , F(%� { , } � � . i �r` 1 �,, �.r �. � i. �� � � o ` � (3 Year Term) r � , rv E.�.-ik-'�.?IN .h-=..i. (Any high echool, or college studec�ts ahall be appointed for terms of one y�ar each) Ter� Will Expire 12/31/75 12/31/73 12/31/74 12/31/73 12/31/75 12/31/74 12/31/75 � vA APPOI�TTMENT FOR CITY COUNCIL C0�{SENT AND APPROVAL - MARCH l9, 1973 NAME POSITION SALARY EFFECTIVE DATE REPLACES Frederiak Prom Junior $764 758 Hillcrest Manor Accountant per Bemidji, Minnesota month 56601 0 0 � March 21, 1973 New : � T TEM#29 C L A I M S GENERAL 31294 - 31441 LIQUOR 7588 - 7637 0 0 � �i �..:_ _ _� I', ..�!' J .' . O '` ;, r '`� W o , . � ' !! I� I � . ♦ , _, ���^���������������/�(�/��j��^ �./��^ . � � ;.� V � � � M -� .1 h� � � r� � V' V� Y � O V �s� W W � • i � '^I .. 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Belisle 0 '1 J � � , I� ' • � ESTIMATES FOR CITY COUNCIL APPROVAL � MA,RCH 18, 1973 Comatock & pavfs, Tnc Consulring Eagineezs 1446 County Road ��,]'� Minneapolis, Mianesota 55432 For �urniahing of resident inapectioa and resident . auperviaioa for the ataking out of the construction wark for: � Water Improvement Projece �i�lll, Modification of Wells 3, 9& 11 from February 23, 1973 ESTIMATE �i�l - PARTIAL Sanitary Sewer, 3torm Sewer & Water Improvement , Project No. 102 from January 29 trhough February 23, 1973 ESTIMATE ��14 - PARTIAL 31 $ 248.56 $ 623.37 � � Weaver, Ta11e & Herrick ' 316 East Mai,n Street Anoka, Minneaota 55303 � For servicea readered - dated March 15, 1973 $ 1,749.00 !'ebruary Retainer ' 51,450.00 1 (City Attorney $750.00r Prosecutor $700.00) , Fridley Charter Cor�ttission 4 hours � SS & W Imp. Proj. I1112 1 hour ' Expensea Advanaed: Temporary Secretarial Services � �� ' , � S hours 165.00 Z34.00 �'�'� • , , . . . . . . . S1, 749 . 00 ' I� t ' � � � , ' � c��sTOr�c � D�vis, zvc. Coasulting E�gineers 1446 Couatq I�oad "J" Hinueapo].i�, I3in�esot8 SSy32 Piarch �, 1973 City I�isnager — Citq CotanciY cio Mr. Pi�six� Qu�c�s�i., City Ea�Z�er City of i�ridley 643I IInivessi�y Avenu�, td.E. I�inneagolis, P�iaa���ta j��i32 Gantl�m�n: � '� 3� ��R�'ZFI�.AiE Oi�' ��iE Ei�i�I2��A ide t�ereby submit ��i�m�e ido. 1�a �o� C�s���F� � B?�, I�c. f�� �he fu�ish:.ng of sesid-�nt insp���i�� ��d r�si��as� �u�e�.��s�*a �o� �:€xc �tr?c�n� ouC of �he constrcact�oa ���k go� 5��,��� S���r, 5��� 5��� & G��.ger I..�r�°3enr�ut P�r�ject No. 1f32 ���a J��xyy 29 ���s�� i�ebrc�s�y 23, 19�3. 5 hours bq I3. A�gx�n @$4.68 $ 23.40 9 ttours bq D. Pa�ea��� C� $3.$5 3�5.65 5 h�urE bq D. Bisn�a C���24 22.20 4 ho�ars bq C. Karls @$3 e�.� � 15.40 1-1/2 hours by S. �r�ga� ��3.�5 5.78 3� hc�a�gs bp E. 6D�ste��e� ��§.�$ 182.92 �3ir��� I���r C��t $2233.35 Pfa�Zt�plie: 2.2 �4PiUL1NT N(�%I DU� . . . . . . . . . . . . . . . . . . . . . . . . . . . . �623.37 • R�spe�tfully s�.���t�d, CC�ST�C & I���:iS, ir;�. ��i�� ���j�p�''�- �'��.... �� - E. v. �.�,;yt4c�, k'. E. EVC%�� : COMSTO.�. C br AA�IS , INC . Consulting E�girt�ars 1y46 County R4aa� ��J" Minne�polis, I�i�.nt�esote 55432 a Citg Hsa�.ag�s — City Cr3uatc�� c/o 1�. Na�i� Qu��shi, City En�n�er City of Fxic�leq 6�b3�. iTnive�ei�y A.��n��, N.E. �eapoiis, Mia��sc�ta 55�i3� C�nt���n: �� ���� CER3`I�ZC�i�'E (P� '�'d� E�I����R .. .: We hereop si�b�.i.g �sfc1T.�°IIiE'. P�o. 1�r�� ���wock & D��r�.�, %s:. �o� �he £�ux�aisiaing of res#.ci�n� �nsg����.�� �ud ��s�r�ea� s���e�i��.� �s��. �I�� g��ka�g oa� r�� tlie constre��tien c�c��k fo� id��e� ir�oda�e�e�z� ��coj�ct 1�0. ? 11, t�lcrli�3��io3 of Weil� 3, 9& 13 ��c.� ��ar�a-ry 23, 1973. 21 houx� by �. *�7e�t����er @ $5.?� $112.9� Dig��� I���r Cc�s� $112.98 F�u�.t�i�li�r 2 .2 !lS1L�1 iSV� i7ii3:• e • • s • • �• • e • a �• e • • • r • • s • s • s • �G�i�siV R��pecCf�lly �ss��.��¢ed, C�,'✓tSSTa,s�,I't & c�A��IS, �P�C. $y ���r 9 f/, %',., .. ;,�, - %'�-.%°^/ 6.✓Q.� � �.� s i � � � - Ci • Y• C�i:.� LQ�.iv y C• L: • $�C�L"lg � 1 . I � , � LJ , ' ' .� -.�'�;�. . THE CITY OF C001V RAPIDB 1313 COON RAPIDS B4U�EVARD COON RAPIOS, MINNE80TA 65433 Q12 756-2880 March 18, 1973 TQs • Sam Geska, Malcolm Watson and Jerry Oavis v ' FROM: J . K . Cattingham � . 1 • ' ' � � ' ' � � SUB.IECT: l.egislative Liatson I am t�^ansmitting, herewith the previously executed c�pies oP the .�oi�t au�d Coopera�tive Agr�+ement for a L.egislattve repres�nta�tive to Sam O�ako br �xeaution by Anoka arf"iciala. You witl nok� tha►t th� A�r�em�r�t haa not b��n ex�cut�d by Coon Rapids and we ar� e�ctremety sorry for that deciaion . Aa I bsti�ve I may have indicated to some of you previova�y th� Council vots to partictpate in thia Agreement paased by a three to two vate, but our Charter requires e tour/1'iftha vote to appropriate a�ny montes aRer the initial adoption of the budyet. Therefor•o, Por atl inter� and purpose9 fihe three member majority te powerless to comply with the Pinancial requirements of the Agreement . In spite oP this I feel some kind oP a moral tf not tegat corr�mitment to participate with the other municipalities in our share of the e�ensea incurred by Davtd Kennedy during the month oP February . whtch according to his btlting oP March 6th (copy ettachec� was $790.00. I believe that it woutd be approp�tate for you to make s�+e cF�ange in Arttcte II� regarding Cooh Rapids servir�g as the administrator . When you h�fve agi^eed upon' that char�ge please tet me know to whom we should �erxi our share oP the February bitling. , jmm Atte�chment cc: D . Kennedy ' � V t ou�s, � �� J. 1�. C in arn, City Mana�ger TWIN CITIES FASTEBT ROWINO 8U 8 COUNCII.-MANA�3ER GOVERNMENT ' ' � . 1 -� 1 ' , ' CITY OF FRIDLEY PETITIUN COVER SHEET 3/ � - Petition No. 2-1973 Date Received March 19, 1973 ' object Petition for the repaving and installation of curbs for ' Starlite Boulevard from 51st Avenue to Sylvan Lane Northeast ' Petition Checked By Date ' Percent Signing ' Referred to City Council ' Dis osition P ' ; ' . ' ' i ' � ' � � . ' .-. C�� , ' II� ��LQ��� �� 3 t � - " I. i `' � .) �,,,.." -�' ;�T��' '•_l�:l� L''1'���`L'��,�5•(..�'`tiiL f��•�i' i�...'���_ ......... .. i�.l: �1i�..,.. ._i'rti.�- . �!L i'• `) �FtlUi,T��Y, �:li,i;��:>; T'r. � . ���._.�.�� - _ , z9�`°� To the Ciiy Co�sncil of Fridley, i�1AI1°SOt,3: We, the undersigneci, cor_s�a.tutin� more than fifty-one per cent (51�) of the property o�msrs in numb�r ana in ir_�er�st, in the follo:�rin� streets: .- -�- r� to � ; � .����,,_ � .� •.;�'1E- ' �ir,(�c� �?.� 1 Stre�t, fro:� �� �,, , �,�;=� � ' v--� � Street, froM �,,.���� �" ^ to����`1,' ,i�� ' r�' ' ' � . / � Street, from ` J to ` 'a�'•1 �r the proposed inprov��r,�nt hereb P�i+,ion that tha falloi•ring im- who Nrill ben..� i 4 b � y�� provzments be maae. �� ' 1-.=�_�(� /T:Ct �'?��'r� -- --- — 2. / ' �;-�, �- - --- . _ .�-_ - 3• �_ --- - We ur.derstar_3 �;��f. �he cost of said im� rove:� °nt �.ill �e assessed ?.oainst the proper1y ' in tne aboU� descz•i'oed arza in equa? ir_s �all�an�ts i or• a pe� ic;l r:o� tu eYC�ed � $ per �+�r��z� on ti!e ur.paid balar.ce. years �riih in�er�st pay�bZe 2� �'1?° 2'�'�C' Oi , ' 1r7e unders#.anci ihaf�, un �il prelin.•�.n3.r�r sn�� neer� r_g can be co�ple �ed, i� is i:ngossib � e �- to give accurate es�imates of Trrhat tnes° ir:pro�e:�ei�ts T•r-? �1 cos�; but., t,h?� based on cos+. t + t?�ese i���; reve:r.entJ T+�l F, fig�res for sir»Iar vrork done in the Cit;�, i� is es�ima��ed t��a, _ . ' � " cos � : ' . 1� - 2. ' 3� NAi�iL �_' ,�"!R�"'� �' '_.:Wc�+�F�::� "'._` , '+.' ' q. a. ����.M�I�If1�#"� � � �. L:. . r W�� � , 1��}i �� �; ' . . i � I G '� T� {� ;! - / I .f � r �� ! , 'N. c.�. ' ��"'t ' y{ �� • ./ �� � • ;, �� ��r � -� �� . � . � � . ; }.., .�. � � �G - 1� �� �� � � � . �-- , � }-�-: � � . - . � ' ,�. ~ R . �. ' r� . �ll�`���. l�i�U +' . . . /,. , . T�n .`� hrr�1'„�li �( �"n�!,.�; 1���'_f 2L��I���,1.U1'� t�,V.l 11� jl'� L) C1 :li�� 1l�Ll��i!.}�.1. �11. I Jli�. .�� l'.l. .1. ���� 3/ s.. -,B ,rt ; .._.__ ---- ------ Ani�rt�:�s_:._____ �— - LEGr1L v�aC2��'i�zo.t � �Y , _ � /t` r_ 61 /%,, V/.. , li _ `7/. �' ' � ' � � � , �—i �' '� 'L,c� � �/U' • /;/� c.� �, �// 0 G�, . '✓' i�--�'�) lt / �, _ ,/� i`, ,�i ��. � a �.�.- -. % `.�� , • _w..�. �.-_- - ' . _ �� -- - -- ._..�_ '• - � _,_,_,.,_,�� _,,,, ._,._.. ' -- -- . � . ' - • ;� ' • *' ~ , f� � �• ���� � � 'I"1 � 1) ' . --� 1 � �' `! � � U 1 1 .� � � _-- , .� w i� _� ; �{� �'� , 1 1 � � i� .:� � _ ' � ' , CLArTON �• I.s�sv[�� ' N[R��RT R L[I�L11 .10f[►N L. NAMILTON CtJ11Tlf A. r[A11�pN J. DRNNIi O'�A�R►'� ' �IONN !. DIIAW! JONN w. O[AN .IOMN i.O1tNl pAV10 J. KtNN[O� ��w oiFiccs LcFEVERE, LEFLER� H/�MILTON /1ND PEARSON 1100 �IIIfT NATIONAL •ANK wV11.O1N0 MINN�Ar011s, MINN�:OTA 884bt March 6, 1973 ' � 7j ��� �� � ���i� �� J�� ��y °-" `� F� ,_ � �N ,c Mr. John Cottingham '�C City Manaqer 1313 Coon Rapids 81vd. Coon Rapida, Minnasota 55433 - Re: Leqislative Liaison 32 A T[L�rMON[ �s��1 sss-os+a Dsar John: Malcolm Watson mentioned that the enclosed might be useful to the managers. Also enolosed is a statement for services . for the month of February. Yours,very truly, . LeFEVERE, LEFLER, HAMILTON DJK:dr Enclosures Hy 0 . 0 . ' , . � 32 B � , . . - . . . . . . � . . . •� , � �� �--, ._...._...--- -------- . . , ATATtMRNf �R , 16.1.1 t�►w O�ca L.EFEVER�� LBFLER. HAMILTON AND P6AR80N 1� /N�! NATMIIAL �ANK �Y140RN • MMNtAlO{.1�� MWNiiOTA NMi �+�a - �.� March 6, 1973 � Anoka County Cities Joint � Leqislative Aqreeiaent - c/o John Cottingham Cf ty Manaqer � C3ty of Coon Rapids, Minnesota �: For leqal services in connection with leqislative repreeent�tive, includinq the followinq: 2/OS/73 Conference at Leaque of Minnesota � l�u�iaipalitiea about H.F.295, Callective Barqdininq eil]�. Z/Ob/73 Legisiative hearing re A.F.29S. Z/07/73 Confeereaa• at League ot Minnssota Municlpalitiea ra H.F.295. ' 2/08/73 Telephone vonferenoe with League Stai! r• H.F.295. 2/09/73 Meatinq with manaqors re legislation. 2/10/73 Meeting with Anoka County legislative delegation in Anoka. 2/1Z/73 Con�erence with authar of H.F.295. 2/13/73 Contsrencea with oti�er leqislators re H.F.295. 2/15/73 Conference� with legislators re H.F.295. 2/22/73 Legisla�ive meetinq re police and fire funda. Z/24/73 Meetinq with deleqation, Anoka County Courthouse. I Zd�CtsF! Y�Ae� �!) iodount� cl�l d hct aad t ,�I .•,� __ - i1��. J .\ ' • ) . +(� a 0� IaW �It b anu �:. ju�t �� • of It has be �� qu. $790.00 r i..r. I � � ; � , .- - : � . . � � . , �• 1 � . ' � ' � I r , � � � � ... � 3� -C CITY OF COLUMBIA HEIGHTS � ADMINISTRATIVE OFFICES COLUMBIA HEIGHTS, MINNESOTA 55421 M�rch 16, 1973 N�. DavEd J. Ktnnedy Howard� LeFevere, tefler, Hamitton and Pea�son 2200 F1rst Nationa� Bank B�sl�dtng Minneapotts, Minnesota Sy4ti2 Dear Dav�: MY a�alo9ies for t�e lon� delay 1� g�tting this response back ta you in regard Lo our a��ee:ne�►t to nave you act as our le�islative raare�entative at this sessian of tha tsgislaturz. 1 was surpriscd to learn that the Ctty of Cdon Ranids doe5 noL Xiih to participat� i�� tl�is progta�n and wa �ust therefare �e-wrtte aur agreement antfctnat�ng o�ly Anflka, �fridlay andCaiu�sbia Heigiits as being involved as Lr+ese are the three com�unities that have ot`ftctaliy authortzed your s�rvices, i entlose herewtth a copy of the revised agreemeat form. As you wiil note, Hr. ueraic! Davis of �'rid�ey has agread to sarve as Admi.nistrats�r for th� handling oF funds thro�g� his Finance �irectar. Tha only chang� in our a9ree�aenC is sirnpiy ssctln� forth the three �arti�s to ti�e agreement, but allor�ing any addliional camTUnitles to Join ti they may wish to. � The next meating wiTl bs hela at 6:00 �.rn., Thursday ;`� event�g. Ma�ch 22nd, at the 6reenhaven Country Club in Anoka. Invitati�ns wlll b� sent to all the Council members tn our three commur�ities and we assurne that at '' ieast one or two mambers of each Council wiil be present tn a�idt tion to tt�e C i ty Manag�rs. � � I �' Pag� 2 Ctr. to Ht. Kenne�y ��ong'd.) �I�rch l�b. t�73 3 �--fis� �. At Lhat mseting ore wrs�ld ti�e to have a ravi�w of what has betn donc on our 6chalf and what present �ilis wttl besf w$tc:�l�g �s ��r�it as s�rgg�sti�n� !`or locai act�or� in support or op�osiiio�a ta propasais af�ecti�g our cammunittes. Yould y4v alsc prepar�s a w►� Leen su�nmary af wh�t has been done tb �!a t� su t+ia t these ca n b� � i s t r i but�� to the Cactneti +a��►hers tn au�r three cor�munttIes prtor to Lh�t s�etting. Yc�uts truly, �+ALCOL�i 0. �dATS�'i C ! ty Nana;�er MOW:�cw ��cl. CC: ia�Q�t� CS�lY�3 $a'� �9S�C4 � JOINT AND COOPERATIVE AGREEMENT ANOKA COUNTY MUNICIPALITIES lEGISLATIVE REPRESENTATIYE �Zr+�:� _ ..;, Tha parties ta this agreement are governmental untts of tl�e Staie o# Minnesota. This agreement is made pursuant to Minnesota Statutes, Section 471.59. !. PURPOSE The purpose of this agreement ts to enable the parties to more effectively rep�esent their joint interests before the State Legisiature by the retentJon of the professional services of a le�gislatTve representative. il. MEMBERSHIP The initial parties to this agreement are any of the foilowing municipalities which have executed thts agreement on or hefore february 15, i973: City of Anoka City of Columbia Heights Ci.ty of Fridiey Any other city or village in Anoka County may become a party to this agreement upon the approval of the intttal members and the execution of a copy af this agreement. II1. FINANCIAL ANQ ADMINISTRATIVE 1. The City Manager of the City of FrTdiey ehatl serve as the administrator of thls agreement. Ne is authorized to contrst for the services of a legislative �eprese�tative on behalf of the parties and ta receive and disburse funds ta carry out the purposes of this agreement. The making of contracts ar�d disbursements of funds shall be in accordance with the procedures and laws governtng the City af Fridiey. � '!I ' I , � Y' - '� 2. Each party agrees to make an initial payment of $4,000 to be placed fn a special fund maintained by the adminlstrator. �' The initiai payment shail be made on or before February 15, 1973. When the balance of the special fund 9s less than $2,000, the administrator shali natlfy each party who shail promptly submit an addttional paymsnt of $1,400 to the administrator. No party is obltgated for total payment to #he special fund tn etcess of �8.000. 3. Upon termination of.this agreement, any balance of the special fund shall be retuned to the parttes in proportTon to the amounts cont�ibuted. 4. The administrator !s responsible for the accounting of the spetial fund and shall perlodically report its status to tho parties. IY. LEGISLATIVE REPRESENTATIV� The adminlstrator is authorized to retaln the services of a pet'son, qualified by exQertence-and training, to perform the ,' followtng servic�s for the parties: 1. To tnform himself and keep abreast of all pending I, tegislation and be knor,rledgeable of the effect it w111 have on the �arLictpating municipallt+es. I ' , 2. 7o meet regularly, if not daity, during legislative sesstons, with represe�tatives of the Anoka County le�islative del�gation a�d the� chatrman of tmportant committees hearing proposed legislation which would affect our municiaaiities. 3. To meet and confer regularly wtth the City Manage�s and City Councils as required to determine the effect of pending legislatton on each munictpality and to solicit the position of City Councils on various leglslation. 4. 7o t�stify to iegislativ� committees regarding the position and effect of various legislation an the participating municlpalities. � � ' �J � ' � , , ' � ' � �r b� Vhere the o inlons of s�' p particlpating munictpaltties � �+ � dlffer, to attempt to reach a consensus pos(tion which -- can 6e agreed to in the best interests of all concerned: To estabiish a ciose working relationship with �epresentattves of Anoka County, the league of Minnesota Mu�icipaiities, and other comman interest groups regarding pending leytsiation. 7. Tr� perform suc� other dut Tes relat ing to pendi ng or poposed tegislation as requested by Che Anoka County Assoc�atTon ar individual participating municipalities. 8. To perform s�ch reasonabl� servtces as may be requested by legislatot-s from Anoka County from ttme to time. 9. To perform such other servites as are necessary to insure effective �epresentation of the joint interests of the parties lefore the legtslature. The parttes agree to establish such formal and informal arrangements as are nece5sary to insure an adequate exchange of coms�untcation betwaen themselves and the legtslative representative. V. EFFECTIVE DATE This agreement is effective when executed by the three cities as 115ted in Article lE, provided, however, that the 1e�islative representative shall not be retained until the initial payment is received from each o€ the initial parties. V 1. Ot1RAT I ON : iERM 1�{AT 13N 7his ag�eement is tn affect untii June 1, 1973, and may be renewed after that date for such pe�iod as the parties may agree. This agreement shall terminate whenevar the number of Qa�ties 1s less than Any party nay withdraw by filing notice with the administrator advising of its intent to withdraw within 30 days of such natice. Any member sowithdrawing shall be returned its proportional contribution out of any unencumbered balance in tY�� special fund. � �- — -- � I� � ._ iti �t{TNESS WHEREOF, the unde�'signed governmental unit has . tsused ihis a9reement to be signed and deiivered to the admintstrator on its behalf. CtTY OF ANOKA gy Oate Its Mayor ATTEST: C ty C erk - And Date I ts C� ty Manager CITY OF COLUMBiA HEIGHTS gy Date 1 ts Ma �ror ATTEST: � : C ty C erk And Oate Its Ctty Maaager CiTY OF FRIDLfY gy � Date 1ts Mayor ATTEST: City Clerk And Date ts Ctty Manager i 1 . POPHAM, HAIK, SCHN09RICH, KAUFMAN 6 DOTY. LTD. WAVNE G. POPNAM 4344 Ip5 CENTER RAYMOND .4. HAIK ROGER W. SCHNOBRICH M I NNEAPOLIS 58402 DENVER KAUFMAN DAVID 5. DOTY � ROBERT A. MINISH ROLFE A. WORDEN G. MARC WHITEHEA� BRUCE D. WILLIS FREDERICK 5. RICHARDS RONALU C.ElMOU15T GARY R,MACOMBER FREDERICK C. Bi70WN ROBERT W,JUNGHANS March 13, 1973 , 0 � 6�2-335-933i Virgil C. Herrick, Esq. Weaver, Talle & Herrick 6279 University Avenue, N.E. Fridley, Minnesota 55421 Re: Chies Brothers - City of Fridley Our File Number 3206-13� Dear Virgil: We have obtained authorization from the company to purchase back the bond in this matter for the sum of $2,500. This would be subject to all the reim- bursement provisions as outlined in my letter of January 11, 1973. Following confirming correspondence from your office, I can forward you the draft in that amount. Should you have any further questions, please contact me. Very truly yours, � y� ����,`�:��--��.� � ��.. 1 ' • . 1 I � , G. Marc Whitehead �GMW:mjf 0 : _ _ , ' _+-- ����L�Y po�ec� p��s�o� assoc��T�o� 3y 1 LJ , ' 1 ' LJ 643t UNIVERSITY AVENUE N.E. City of Fridley Fridley City Cauncil Dear sir, FRIDLEY, MINNESOTA 55432 March 19, 19? 3 The ger�eral membershig of the Fridleq Police Pension Aasoci- ation at the meeting held on March 18, 1973 voted fiPteen YE3s ar�d two N0, to rescind our Ietter oP intent that was previously a�nt to you on Marah 9, 19?3• The members further stated that ws will take no aotion regarding any possible pension by-lew changes until af'ter the State Lagislature has adjourned in Mey ot' 1973• We heve reliable in£ormation that the 8tate Legislature ia , in the proceas of amending the 1969 guidelines act at this time. We feel that our association should take�no action pendiag the outcome of the current State Legislature, and w� are opposed to ' any legislative changes in our Pension Assoaiation until after the legislature adjourris. ' � ' ' 1 ' ' ' � � a � ce r�s an r �� ecre ary re�surer cc Mr. Gerald Davis, City Manager Mr. David Schaaf, State Senatar Mr. Joseph Connors, State Representative �. Paul McCarron, State Representative Fi1e ' w � , , WYMAN SMITH ' � LEONARO LJUSTER HENRY H. FEIKEMA RONALO l. HASKVIT2 � JAMES R. CASSERLY CARL J. NEWqU15T ' � PATRICIA l. BE�OIS DOUGlAS HALL OFCOUNSEL ' I � , � LAW OFFICES � SMITH. JUSTER, FEIKEMA. HASKVITZ Bc C�SSERLY CHARTERED March 16, ]973 Mr. Gerald Qavis, City Manager City of �ridley 6431 University Avenue N. E. Fridley, Minnesota 55432 SUITE 1050 BU�LDERS EXCHANGE BUILOING MINNEAPOLIS, MINNESOTA 55402 TELEPHONE 339-1481 � FRIDLEY OFFICE 6 i41 UNIVERSITY AVENUE N. E. fRIDLEY, MINNESOTA 55432 TEIEPHONE 560-6870 Re: District Court Lawsuit - John H. Glover, inv. vs. City of ' Columbia Heights and Fridley. District Court File 28615 - 4561 ' � �� ' ' ' ' � Dear Mr. Davis: I aitended a meeting on last Wednesday at the office of Plaintiff's attorney in St. Paul. A representative of the insurance firm representing the City of Fridley, the attorneys for the City of Columbia Heights, their City Manager,and Engineer were a7so present. The Plaintiff made a presentation through William Dolan, a Civil Engineer and by Doug7as Barr, a Hydraulic Engineer about the nature of the proof they are going to present. They interpreted the meeting as a Plaintiff's proposal for settlement. I haven't looked at this file for some time and thought it might be we17 at this point to bring you and the Council up to daie. The Plaintiff ts now on his third set of attorneys. Mr. Miley who is representing him is a very competent attorney. He is with the Firestone law firm in St. Paul. I was impressed by the quality and character of the two engineer witnesses. Ne claims additionally that he has a soils engineer and a professional appraiser who will also testify. Plaintiff's theory of his case has changed from time to time and with each set of attorneys. The present basis appears to me to be two. The first theary is that he is entit7ed to damages on the theory of inverse condemnation. Briefly this means that the Cities, in actuality, have taken land without compen- satian. The second theory is that the Plaintiff has been damaged because of a nuisance the two communities have created in using Sullivan Lake on an ecpanded basis. That is to act as a watershed for more than its natural and former use. ' It is interesting wier to take the the highway storm that when Columbia Heights installed the storm sewer and the runoff from Sullivan Lake over toward Jniversity and through sewer system, that they did have a condemnation action to cover the storm sewer easemert. Either by an award or by a proposed stipulation at , time of appea7 it is my understanding that Columbia Heights sent Mr. Glover $1,500.00 by check. It also appears that the check was never endorsed and used. I believe the final attorneys certificate on that condemnation has never been ' . , �• , Mr. Gerald Davis � Page Two March 16, 1973 �� 3 .�" �. executed and filed. I suggeste� to Peterson & Kalina who are attorneys for ' the City of Coiumbia Heights that possibly they should consider making that instrument and with Court approval it has all the attributes of a conveyance and a settlement of the taking. One of the District Court Judges at the last. meeting of attorneys with him in February of this year indicated that in his ' view that at least took care of the claim in the present lawsuit of inverse condemnation. ' � ' ' � ' 1 I� � ' ' ' ' Douglas Barr generally indicated at the meeting on Wednesday that Sullivan Lake had a certain level in ]954 to 1958. That it served a limited watershed area of 220 acres. That Glover's land surrounding the then existing Lake could have been filled with 33,000 yards of dirt which would put all of the footings above flood plain levels, etc. He now clai:srs that with the storm sewer system that has been constructed that the watershed area has been increased from 400 to 525 acres, that it would now take 130,000 yards of fill to bring Glover's land lying north of the� lake up to grade so it ►��ou7d be usable, that the wier which is the outlet from the lake needs to be reduced 9 feet from its present 7eve1 and that the lake needs to be dredged a depth of 4 to 6 feet in order to accomodate..the total present watershed area waters. In general the damage they claim then is the difference of the yardage for fi71 which in round figures is 100,000 yards and if one figures that fill as having a cost of 75 cents or say $1.00 a yard you are talking about $100,000,00 in round figures. Tfien an additional item �NOUId be the cost of dredg- ing the ]ake to get the additional 4 foot to 6 foot depth. Mr. Barr concedes that perhaps the fill that is needed could be ohtained from the bottom of the lake that is being dredged so maybe that cost could be ]essened. They have a proposed design that would change the zoning of �he remaining Glover parcels, dividing it into five areas: residential on the south next to 57th; limited commercial,retail sales, office and professional or medical center on the east and north side of the lake and the pond. They seem ia admii that the change in zoning would have some monetary value that would offset at 7east in part the damages they be]ieve they are going to be able to prove. We are having another meeting at 11:00 a.m. on ldednesday, March 21 at the council chambers at City of Columbia Heig�ts. I have asked Nasim Qureshi to come to that meeting. The case is set for trial now before Judge Gillespie commencing April 16, 1973 and to be tr7ed before the Court and without a jury. The onus is primarily on Columbia Heights. The land in Fridley was a part of, at least Barr's theory, of the original watershed and of the present watershed. The City certainly does have some exposure. Mr. Robert Austin will be trying the case primarily for the City. The insurance company as you recall has denied liability to us indicating that this kind of a claim damage is not one covered by any insurance agreement. That may or may not be true. The present action asked for $2,000,000.00 worth of damage from the two cities. WS : Ar�6 CC: Nasim Qureshi Virgil Herrick, Esquire Yours truly, Wyman Smith � � ' C � ' ' ' �I ' ' ll , LJ ' � �J � t_ J ' ,,�o��� � 3�. � � � . � � � ��`� � � � , F' �w��.�.,�,,"1,`.'A' � . . . . . � . � . . . �� �./�Y`'.. k. ��r���•�s��,rnan �ssoc�ai�s, 8r,c. 1821 l���versityAvenue, St. Paui, Minnesota �5104, Telephone 612-645-3911 . _._..,.c.., _._.__�..,,�\ ,,.._ . (SAlIPLE LET�"�'X).._-_... .: ����""� February 2, i973 _ i�3r. Ray Lappegaard Commissioner of Hi,gh,,�ays Minnesota Highway Department John Ireland Bou7evard S�. Pau7 , f•linnesota 55155 �ear eommissioner Lappegaard: �e Ci ty of �r� d1 ey has beera an acti ve parti ci pant ��i th the County � i n working tc�r�ard overa7T i�rovements to � ts ci rcul ati on system. One of the key aspects of ti�at circulation system is the dev2iopment of east-west ci rcu7 ati on cc��ati bl e wi th exi sti ng and future devel op- ment pl ans of the cornmuni ty. __ T�e 1�lississippi Street railroad grade separation is an important elerent of our east-��rrest ci rcul ati an system. G!i thout ar upgraded servi ce 1 ev�l as would be arovided by a separated crossing, local trafric ;vould be forced to utziize Intersta�e 694 and local streets. This, in effect, is not consistent with your and our circuiaiion planning efforts. In terms of existing and 1Qr�g range land-use planning, the land uses along ;NissTSS�ppi Stre�t co�5ist of commercial, indu�:rial, residential, and vacant iar�d. Our long r�ange plans for tne area indicate that our zoni ng efforts ari 11 be aimL� at conti nui ng thi s type of pattern. Hoti��- ever, it is anticipated th� � some iransition from residential to em�loy- ment areas ti�r�i 7 be accurri r�� and th�se wi 71 be revi e�:��d on an i ndi vi dual basi s to ass ure compati bi 7 i-iy tivi th adj acent uses. i he conti nui ty of Mississippi Street created �y the railroad grade separation ard improved contro� of access <<�i 17 enhar�ce the opportuni ti es to acco:�p7 i sh ou•r 1 ong rang� planning obj�ctives for the area. In addi�ion, such a faci7iL� wi l l assi st tiae comm�sni ty su�stanti al ly i n tne provi si on of e^;ergency servi ces. l�le have parti c� pated i n the eval uati on of tn� envi ronnenta7 i moact of th�s proposal and ; eel ihat the envi ronm�ntal benefi t;�ti 11 ou �;�tei gh any negati ve imoacts Care i n th� desi an of th2 rro iPrt +�ri 11 h� e:��rc? s�d �U .� �.� ;i:a __ _.._,�=� _.-_i,�. .._.i��: ,..i� `'. 'y_ . __. � '�. � .. (' 1_., dl�iCi �v!i ����i c:�! �`� � i� t,lj:. ��;'� I:� ..�i;�._il ��. i � I;;�i..i. �.. ���.,�..,_�? l., Sincerely youps, r i � I , ' City of Fridley • �T TII[ �01 Of TM[ TmNi z • },rr•.••._, cew���r� pcv��o►NsNT av. i i 1�1�`CT1Y� 111�[Ct10N OtIT. �,.._. ; cm N.�.�, r��o�Rv f�a� �....J�.•� �,� a=-��a-a�so ' . , �_ � ,' , , ' ' ' ,, . � � ' � . � • C�� 1. Reeidential 2. Townhousea 3. Multiple Dwellinga 4. Re�idential Garages - 5. anaidential Alt./Add 6. Commercial 7. Induatrial 8. Carm. Ind. Alt. /Addn 9. Signs 10. Wxackin$, Moving 11. Othera TOT1�I. 0 itAJEGT PROTECTIVE INSPECTION SECTION MONTHIY REPORT A. Nwnber of Permits Tsaued 8. Eatia►ated Valuation of Pens►ita MNM�lA Rfv DAT[ . /�OE OF • R�. C ..210- �1_-___- � �$-,�2 . 1 2 800 • 1973 1972 THIS YEAR LAST YEAR FEBRUARY FEBRllARY TO DiATE TO DATE 8 2 11 2 0 0 0 0 5 4 11 6 0 0 � 0 0 0, 3 1 3 ' 1 4 3 3 10 8 0 Q 1 � 0 17 40 34 iisating � 57 39 Plumbing 34 7 45 22 Blsctrical 1S 121 49 �pT,, 94 39 223 110 ESTIMATED VALUATIONS OF PERMITS ISSUED 1. Reaidential , 3 S,k86 $ 335,�86 $ k5,486 2. Townhaasee 0 2 589 494 0 2 683 202 3. Multiple Dwellinge p 0 0 0 • 4.,ResidentiaZ Garages 0 0 0 2 193 5. Re�idential Alt./Addn 11,750 13,02b 24,030 16,526 • TOTAL RESIAENTIAL l ( 6..Con�nercial V 7. Induatrial i 8. Coam. ;nd. Alt./Addn. TOTAL COI�IlK., IND. 9. &igna 10: Wrecking, Moviag 11. Othare 816 2 747 407 TQTA�. M[Sa. 7 55 59,88 I � GaAND TOTAL VALUATIONS �281 309 75 801 73 971 3, 65,7 r I caium� ��. coi�� �2 calum�" #� , C,o�µmR ��� .�.�,. .... •— . —'�^'*--�Rn� :'�R""--+w:�.*w+.i►�+ •r. �„ 1�. �. City of Fridley �t T� Tp� p� rw[ rwu�s � �•ul_••--� coww��rv o�[vt�orwsNr av. ' � � �ccnrc wt�cno►+ oi.r. � ,.•-- ; c�r M.�� r���uv a�a: ...Jt-• !.� s�t-�sa-a�eo iU��ECT �ROTECT I VE I iVSPECT I O�V SECT I ON MONTHLY REPORT C. License Fees Collected D: Permit Fees CoJ.lected MtJ10lA REv DATE 1�oE Os TA►o LICENSE FEES TYPE NLTMBER FEES COLLECTED Blacktopping G Excavating Ga• 3ervices Geaeral Contractor 117 $eating 48 72 . 0 House Moving & Wrecking 4 M�as onry Oil Heating Plastering 4 60 00 Roofing 2 30.00 Sign Erectors 9 22•5.00 Misc . � 0 TYPE $�tilding Electrical Heating Plumbing 8 i�ne TOTAL 2Z$ SS_43 cl 1 Column �1 Column �62 £6 1973 1972 THIS YEAR LAST YEA] PERMIT N0.'S FE R AR 12034-12047 $;821.00 7 659.00 1 058.00 9 471 2 9350-9382 1 137.50 41. � 5519-5545 4 2.00 873. 0 5851-5884 1 Oi6.00 2 SO 1 134-136 30.00 6 .00 . TQTAL 3 466.50 Coluan #1 olumn �2 l;olumn . � .rw�-�w �—��^— iw*-�w �. ��•�A.TR� �I . .� N r. - .�:.; li: ! a .)..r . :. . , . , . . . Column �4 IT„�+w'n"�'R� ;,,.. .,i�•;f ,. Co lumn ��5 � I I � , City of Fridtey f *T TIK TO► Gf TN[ TIMIM� , , � � }��--���-� GOwMUNITr pRVtIC�MENT pv. � � � MOT[C�WR MM'tCT1pN 0�►T. �l i �-.-� i CITr MAII. ��IDI�r ���ii L..--J��.•' � �.J �li-6�0'�NQ INSPECTIONS BUILDING ROugh-ins; Footinga: Framings and Reinspectiona Work Not Ready or Rsjected Stop Work Posted Violationa Checked CQSnplaints Checked Dangerous Buildinga S igns Miscellaneous Finalst Reaidential Finals; Com. & Industrial Total Inspectiona Permita Isaued PLtJMBING & HEA'TING Rough-ins : Reinapections Work Not Ready or Rejected Dangerous Buildinga Miscellaaeous Finals; Resi.dential Fina�s; Com. & Induatrial Total Inspec�iqna Pexmita Isaued EI.ECTRICAL . Rough-ina; Reinapectiana: Work No� Ready or Re�ected S igns pan&exous Buildings Sexvice Inapectione Finalst Res�dential Finalst Cam. & Induetrial _. � _. __ __ _ . -.� ._ . . - • - - ------. � _.. _ .. _ i PRQT�CTIV� INSPECTIOPJ SECTION � MQNTHLY R�PORT j �. MON'�HLY INSPECTIONS � i973 1972 THIS YEAR � Rov e+ �—' 8�� � I.AST YEAR � FEBRUARY FEBRU ' 24 18 45 ' 25 20 52 50 84 '61 8 75 20 4 2 4 4 2 2 4 7 � 2 0 .5 0 ! 7 10 19 19 i 1 6 17 10 i 3 6 3 13 � 17 �+0 34 56� 49 21 73 42 2 19 12 6 10 10 14 0 0 0 3 0 6 2 � 93 5 11+2 : 113 S 1, 17 ; 0 i 9 5 34 15 10 3 � 12 3 2 0 0 1 0 19 10 39 . 21 3 I � Tota�l T�,�pe�tiana 64 46 147 g0 f � PsYtnita �ssued 33 � 1�5 121 49 . Cplum� 1 Column �i2 Column �k3 Column �1�4 � • �---�-.-...,-...-,-, �+ *Trr+�,.w...,.�� ...�-•--....^• ._....�._...�....... ...,...w.-r,.. r...,.-,.... �i����'�,ei • f�.gi;:►�.. � . � , PlJBLIC WORICS DEPARTMENT � CITY OF FRIDLEY MONTHI.Y REPORT - FEBRUARY 1973 0 $TREET DEPARTMENT ' 1. Crackfilling . . . . . . . . . . . . . . . . . . . , 2. Gravel Hauling . . . . . . . . . . . . . . . . . . , 3. Misaellaneoua•Street Work• : : : : : : : : : : : : 4. Patching , 5. Shop Time . . . . . . . . . . . . . . . . . . . . 6. Signa, Barricadas attid Croeoinge . . . . . . . . . � 7. Equipment Repairs - Street . . . . . . . . . . . , , WATBR DEPARI�NT 1. Filtration plant . . . . . . . . . . . . . . . . 2. Final Readings at�d Collaction� . . . . . . . . . . ' 3. Hydrant Rapair• and Fluehiago . . . . . . . . . . 4. Mi�cellaaeous Waeer Work . . . . . . . . . . . . . S. Pumphouae Work . . . . � . . . . . . . . . . . . . . ' 6. Standpipe Repair� . . . . . : : . . . . . . . . . 7. Water and Sewer In�pactiona .�� . . . . , . . � 8. Water Meter Inapectiona and Rapair� . . . . . . . ' 9. Water Turn•one : . : : . : . . . . : . . : . : . 10. �termain Breaks . . . . . . , . � � 11. Equipment Repair� - Water . . . . . . . , . . . . , � � • $BF�Et� DEPARTMENT � 1. Lift Station In�peatione and Repaira . . . . . . . 2. Miecellaneous Sawer Work . . . . . . . . . . . . . 3. Sanitary Sewer Cleaning . , . . . . . . . . . k. Sanitary Sewer Inapections . . . , . . . . � ; .�, ; 5. Equipment Repair• - 3ewer . . . , , . , . . . . , ' STORM SEWER DEPARTMENT 1. Catch Baein and 3torm Sewer Cleaning ....... � 2. Miacellaneous 3torm Sawer Work . . . . . . . . . . t �SNOW AND ICE CONTROL , ' 1. Misceilaneoua Snow and Ice Work . . . . , . .,. , 2. Sanding - Ice Control . . . . . . . . . . . . . . ! ' 3. Snow Plowing . . .'. . . . . . . : . � . . . . . . k. Equipment Repairs Saow and Ice . . . . . . . , I ' i ' HOURS 169 9 266} 37 98 84 303 3/4 i�s� 48 21� 30� 416� 1� 70 16 141� 28� 181� 132 266� 34 . 22 22 10 20� 92 266� 49 � u Paga Zt�to PUBI.IC WORKS Di:PARTMENT MONTHLY R�PORT - FEBRUARY L973 MISCELIANEWS 1. Adminietratioa . . . . . . . . . . . . . . . . . . 2. Chain Saw School . . . . . . . . . . . . . . . . � 3. Coffee Br�ak� . . . . . . . . . . . : : . . . . . . 4. Eagina�riag DeparCmsat (Dika) . . . . . . . . . . 5. Fiaanc• Departm�at . . . . . , . . . . � . . . , � 6. Fire Departmant . . . . . . . . � � . . , , . . . 7 . Ho 11day� . . . . . . � . . . . . . � . . � . . . . . 8. IndirscC Ti� . . . . . . . . . . . . . . . . . . 9. Injury of Job - Mari� Loa�arbons . . . . . . � . . 10. Logi� . . . . . . . . . . . . . . . . . � . . . . 11. Park Dapartmsat . . . . . . � . . . . . . . � . . 12. Part• Imrentory . . . . . � , . . . . . � . � . . 13. 3artar Department Msstin�• b Confersncas ..... 14 . S ick Leava . . . . . . . . . . . . . . . . . . . . 1S. Vacat ioas . . . . . . . . . . . . . . . . . . . . 16. Water Meter School . . . . . . . . . . . . . . . . 17. Weekend Duty . . . . . . . . . . . . . . . . . . . 18. Equipment Repairs - Enginsaring . . . . . . ... . 19. Equipment Repair� - Fire Department � . . . . . . 20. Equipment Repair• - Liquor 3tores , . �. . . . . . 21. Equipment Rep�irs - Park Department . . . . . . . 22. Equipment Repaire - Police Department . . . . . . , � � � HOURS 2� z 71 47� 2 31� 168 18 34 28 3•3/4 9 27� 156 76 16 36 12� 7� . 3� ili-3/4 56� ;: � .� I � � � , ' , ' ' 1� , ' � � , � � , ' ' THE MINUTES OF THE REGULAR COUNCIL MEETING OF MARCH 19, 1973 ��%'."_' i�' � / y �i� The regular meeting of the Fridley City Council was called to order at 7;30 p.m., Merch 1g, 1973, by Mayor �iebl. PLEDGE OF ALL�GIANCE; Mayor Liebl led the Cou�cil and the audience in saying the Pledge of Allegiance to the Flag, I NVOCAT, ION: � . Mayor Lieblsaid there would be two minutes of silence for individual prayer for the purpose of thanking God for the return af the Prisoners of War. ROLL CALL: MEMBERS PRESENT: Utter, Nee, Breider, Starwalt, Liebl ME MBE RS ABSENT: None PRESENTATION OF AWARD: � PRESENTATION QF TROPHY TO FRIDLEY HIGH SCHOOL WRESTLING TEAM AND COACHES FOR WINNING THE STATE WRESTLIN6 CHAMPIONSHIP: Mayor Liebl presented the trophy and expressed pride in the wrestl.ing team on behalf of the citizens and the Council. The representatives o�f the team thanked the Mayor and other members of the Council. APPROVAL OF MINUTES: PUBLIC HEARING MEETING OF FEBRUARY 12, 1973: MOTION by Councilman Skarwalt to adopt the minutes of the public H�ring Meeting of February 12, 1973. Seconded by Councilman Breider. Upon a voice voke, all voting aye, playor Liebl declared the motion carried unanimously. ADOPTION OF AGENDA: Mayor Lieb) said the following items would be added to the agenda; Changing "receiving bids for iiquor sto re sign" to "receivin� bids for 1 iquor store ftxtures':�, item number 16 on the agenda. Receiying Petitlon for repaving and installation of curbing for Starlita Boule�ard from 61st to Sylvan Lane N.E, Receiving a communfcaXion from Malcom Watson, City Menager, �olumbla Heigh�s. Receiving a communication from Fridley Police Pensian Association. Receiving a communication from Wymen Smith, District Cau�t File 28615-k561 . REGULAR COUNCI�. MEET9f�G �F P9R�CFi i9, i�,�3 page 2 , I Councilman Nee said he would like to add the reconsideration of Mr. Bob Ba�nett to the ad hoc North Park Committee to the agehda.. MOTION by Councilman Nee to adopt men Breider. Upon a voice vote, carried unanimously. VISITORS! , the agenda as amended. Seconded by Council- � all voting aye, Mayor Liebl de�lared the rnotion I�ITRODUCTION OF NEW POLICE OFFICERS BY THE ASSISTANT CITY MANAGER/PUBLIC SAFETY DIRECTOR: Mr. James Hill, Public Safety Director introduced Mr, Charles Hanson, and said Mr. Hanson had two years.experience as deputy sheriff with Anoka County and is 26 years of age, married and iives in Anoka•. Mr. Hill introduced Mr. �ary W. Lanzmeier, age 27, and Mr. phillip J. 5elewski, age 26. Mr. Hill said one af the other new men would be starting on the 26th of March. �4ayor Liebl welcomed the new men to Fridley. MRS. SHARON BAKKE, 652 MONROE ST.. SECRETARY FOR NATURE CENTER BOOSTER COMMITTEE: Mrs. Bakke introduced herself and announced an upcoming meeting of the Nature Center Booster Committee on March 22, 1973,.8:00 p.m., at St. Williams Church, and asked the members of the Cauncil and Staff to attend the meeting. She said there would be a film produced by the Audubon Society, shown at the meeting. PUBLIC HEARINGS: A FRONT YARD VA MOTION by Counciiman Breider to waive the reading of the Public Hearing Notice. Seconded by.Councilman Sterwlat. Upvn a voice vote, all voting aye, Mayor Liebl declared the motion ca�ried unanimously, and the Public Hearing opened. The City Engineer called the Councll's attention to page 1-A of the agenda and seid the request is to reverse the plan. The City Engineer e�aid Mr. DeGardner w�s present to discuss the matter. The City Engineer said there was a problem with the requested plan as the building does not fit the lot and either the house or the garga�e would have to be cut by one fmot for the required amount of side yard set back. Cowncilman Breider asked if the pian submitted to the Council in the agenda was the new plan? The �ity Engine8r said, r��, this was the old plan. The City Engineer said there is a minimum set back of five feet for the south side or ga�age side. Me edded, on th+s side the plans will heve to allow for a six foot set back, because of.the exlsting sJx.�oot easement, or an additdonal set back of one foot. The Gity Engineer asked who is the property owner on th� north side? Mr. peGardner said, Mr. Al Johnson. r�he City �ngineer said there were two alternativE�; one, app rove the ptans stipulating the house be cut down by one_foat, or two, oBtain aRp roval frar� the property owner on the north side and proceed with the reversing plan. Mr. DeGardner said the property on the north side is vacant. Mayor Liebl asked if Mr. Johnson would object to the varia�ce? Mr, peGerdner said no, he was sure Mr. Johnson would not objact. ' u � , � � ' � 1 � ' � u � � �I� ' ! • REGULAR COUNCIL MEETING OF MARCH 19, ��?� PAGE 3 � � ' i � ' � ' u � � Mr, Richard Harris, 6200 Riverview Terrace, said he would like to see the south alevation of the house. Mr. DeGardner said the elevation was a little higher than on the previous plan. He said the people he was building the home for, had visualized the horr� angled�back. He added, with the change in plans, it will enable the home owner to have a better view of the river. Councilman Nee said he would recommend the second alternative of approving the variance, contingent on receiving a letter of agreement from the adjacent property owner. The City Engineer'said the �equest was a simple request to flop the house plans over, and he recommended the Council approve the request. MOTION by Councilman Nee to close the Public Hearing. Seconded by Council:,,an Breider. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously and the Public Hearing closed at 7;52 p,m, �i0TI0N by Councilman Nee to grant the variance for a side yard set back on the north side from �en to nine feet, contingent upon receipt of a letter of approval from the adjacent property owner on the north side, Mr. Al Johnson; and to approve the request to reverse the house plan. Seconded by Councilman Starwalt. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously, OLD BUSINESS; DISCUSSION ON ACQUISITIQN OF PROPERTY IN CONNECTION WITH ISLANDS OF PEACE PROJECT: Mayor Liebl said the Council had received a copy of a memorandum prepared by the City Attorney on the matter and called on the City Attorney to express his views. The City Attorney said he would like to make a correction on the last para- graph of the memorandum changing "purchase agreement" to ��option". � The City Attqrney said he had been contacted by Mr. Ed Wilm�:s who stated he and Mr. Minder, the property owner, had had some discussion on acquiring the property which is adjacent ta Chase Island for the �s)ands of Peace Project. �e said they had discussed price and terms of a possible agreement. The City � Attorney said the Fridley Lions Club had contributed $2,000.00 to the project as qption money fof the two sites. The City Atto rney expla�ned that the Isla�ds of Peace f�und is under the jurisdiction of the Council and the Commtttee is � an ad ho� cammittee with appointments by the Council. He said in order to approv� entering into this option agreement, it would have ko be done through th� City to obtain proper title, , � i � � Th� City Attorney said the Committ�e had indicated they w�nted to enter into th� op�ion agreement with Mr. Minder, He added, the $2,p00,00 would be used as caption money, He said if the option is exercised the option money would be applied to the pric� of the land. H� said if the option is not exercised, the money would be forf�ited. The City Attorney sa�d an additional $13,000.00 would Mave to be paid to Mr. Minder at the time the option is exercised or at the time of closing. REGULAR COUNCIL MEETiIv� �� M+��iC�i i�, a`'"7: The Gity Attorney said Mrr Minder was present at the meetin9. PAGE 4 � Mr, Wilmes said he believed the approval of the request was important to the Committee and also th.e entire area. He called on Mr. Foster Dunwiddie, Miller- Ounwiddie, Archi_tects, Inc., to present the matter for the Islands of Peace Committee, He said, Mr. Richard 0. Jaepbson, Islands of Peace Advisory Board member from th� Fridley State Bank,was also pres�nt. Mr. Dunwiddie addressed the Council and Audience and placed a map of the area on the ea5e1. Mr. Du�widdie said what they were ciiscussing that evening was the acquisition of two lots or a four acre tract. He said the land acquisi- t�on had been discussed at the February S, 1973, meeting of the Council. He said the land would be us,ed for the construction of shelters and be used for a recept�on area for the project. He added, the problem of the island being within the flood plain zoning area subje��ts it to some inundation. He added, ���iere would be some saving in cost to the project by the acquisition of the �3ts and aTso, the sewer and watar are within close p roximity. �;r. Dunwiddie said he would like the Council to app rove the Committee's request to enter into an option agreement at this time. Mr. Dunwiddie stressed the impQrt��ce of approving the request at the present meeting saying the Committee would only have 60 days to assemble the balance of the down payment, Mr. Dunwiddie listed many foundations and corporations that may be willing to contribute to the balance. Mayor Liebl asked Mr. Dunwiddie if the two lots were essential to the project in his opinion, and Mr. Dunwiddie said they were vital because they would save on the cost of.the project and add to the entire plan. Councilman Breider questioned if 60 days would be an adequate amount of time to raise the remainder of the money? Mayor Liebl said he thought there should be more time allowed. Mr. Dunwiddie said the Committee would also like more time, but Mr, Minder has a purchaser for the lots. The City Attorney agreed, this was what Mr. Minder had said, to the best of his knowledge. Mayor Liebl asked Mr. Minder if this was.the case, and he said it was. The City Manager said he was concerned if whether the Lions Club was fully aware that the money would be forfeited if the balance is not raised. Mr. Dunwiddie said the Lions Club was award of this. The City Attorney said the City can not enter in�� a contract for'deed. He said, in case of default, the seller would have to take the property back, Mr. Minder did not agree and stated, he had the same privil�ge of foreclosure, The City Attorney said, Mr. M�nder could not sue for the balance. Mr. Minder said he did not want to get in¢o trouble at any time, He said he did not wi�h to be put into the position wh�!r� someone would ask "why didn't you give the money back to the Lions Club?". F�e said he had a purchaser for tha prop�rty and he had given him an option. Ne said if he wa�ted one more y��r there would be $2,000.00 in taxes and special assessments on the property. Me �aid he did not want to think he had taken mone�� from the Lions Club, He said.if the option was not exercised he did not want anyone present or anyone from the Lions Club to have hard feelings. � � ' � � � � � S � [� � u ' � � ` , REGULAR COUNCIL MEE7ING OF MARCH 19, 1973 ' PAGE 5 � i � > � � � � � � � � � � , � � � Mr. Dunwiddie asked if Mr. Minder would consider'extending the time period for the payment of the ba)ance of the down payment? Mr. Minder said there is a penalty period for paying taxes on the property. He added, if it is not sold soon, he would be unable to sell it at all this year. He said he had already delayed the sale to enable the City to enter into an option agreement, and he felt 60 days was an ample amount of time. Councilman Nee said he thought this was a good proposal and he asked the City Attorney if the City could buy the property without an appraisal? The C+ty Attorney said Mr. Minder had set the amount, and if the Council would proceed, they would be buying the property without an appraisal. He added, it is normal to have an appraisal. The City Attorney said the City Manager had also ques- tioned him on this point. He said the property is zoned for 72 apartment units and it is on the river. He mentioned the adjacent property saying it had been purchased by Hirsch Brothers four to five years ago and they had paid that ,�uch for the property. He said the pieces of property are similar with the ex- :-eption that the developed property has open exposure and the proposed property :� close to Chase Island. The City Attorney said this would be a fair price if the land was to be sold to a contractor who would intend to build apartments on it. He added, it has to be looked at for its highest and best use, and that is apartments he said. 7he C+ty Attorney continued saying the City enter into an option and have the p roperty appraised before this option is entered into. He added, if the appraisal was done after the option is entered into, it would not let the City out of the option. He suggested an appraisal before entering into the agreement to provide more materia) for consideration. MOTION by Councilman Nee to authorize the City Atto�ney to prepare an option agreement and authorize the Mayor and City Manager to sign the agreement. Upon a roll ca11 vote, Nee, 8reider, Starwalt, Liebl, and Utter voting aye, Mayor Liebl declared the motion carried unanimously. Mr. Wilmes said he would personally like to thank Mr. Minder for his time as he had received other offers. Mayor Liebl said the Council is whole heartedly behind the project, but it would be up to the Committee to obtain the necessary funds for the option. AND CONSIDERATION OF APPROVAL OF A COMPANY, 5695 HACKMANN AVENUE CONTINUE SERVICE STATION: LVnIryV RG�U=JI LVM �/L�I1, 0 REZONE FROM C-1S TO C-2: AL USE PERMIT SP #72-18, B TO CONSTRUCT A CONVENIENCE The City Engineer said the matter before the Council was the rezoning of the prqperty presently being used by Union Oil from C-1S to C-2. He said if the flrst reading is adopted at the present meeting, he would suggest a traffic p)an of the entire area be completed before the adoption of the second reading. He said the purpose of this action wo��ld be to inform Uniqn Oil of the plan and their obligations. He said this should be a long range plan taking the City, the Oil Company and the adjoining property owners into consiideration and working for one goal, ' REGULAR COUNCIL MEETlN:� <�F MA�CH i9, ;�=;r3 PAGE 6 ' ' Mayor Liebl asked if the rezoning were approved, would the City have problerns in the future solving the p•rvblem of the intersection traffic? The �ity Engineer said he favored working with the Oil Company to complete the plans before the rezoning was approved because this would give the City a negotia- ting position. He sai�' once t�e rezoning is passed and there are building permits issued, the City's position would no.t be as good as it is at the present time. He added, adopting the first reading would not create too much of a problem. I{e explained, it would have to go to a second reading and be published. Mayor Liebl asked the City Engineer if he felt a plan of the area should be worked out before the second reading of the ordinance. The City Engineer said yes. � Mr. Edward Fitzpatrick, Planning Commission, said he would like to clarify �� point. He said in the Minutes of the planning Commission Meeting it was .,tated that he said, "I am not sure there is a traffic problem". He added, �ie had said "he was not sure there was a solution to the traffic problem," Councilman Starwalt asked Mr. �len Hubbard, representative of Union Oil, if he would object to a stipulation that thP building permit would nat be issued for a period of six months? Mr. Hubbard said they had requested a building permit two years ago. He said if the City needed six more months he thought the Company would be agreeable. The City Engineer said the Council's problem was how much time would be needed to come up Nith a solution.� He said there had already been a plan approved, he added, if the Council feels that there should be modificatidn of the plan, the Council should decide what they want and how much time is needed. He said the problem would be to bring the traffic away from the area. He said if the Council feels there is merit in another plan and it is for the good of the Community they will have to make this determihation. He added, the �*3*e has released the right of way along the T. H. #6; and the County has.released the City to institute the approved ptans, previously adopted by the City Coun- cil. He added, there has been no signatures on the deeds as of yet. He said it is possible to go back to the Gounty. Councilman Starwalt asked if the rezoning would be approved at this time, would it hurt the negotiations? The City Engineer sa�d it could adopt the Ordinance for �ezoning aRd require the Oil Company to meet the City's stipu- lations,;but a better way would be to require the stipulations to be met and then rezone the property. Mayor Liebl read the follcwing from the letter to the Council from the City Engineer; � I feel.that the detachment of Hillwind Road behind the gas station, ala�g with in the futur� making a portion of Hathaway lana� from the detached service road to Polk Street one way going west, would be the appropriate solution to the future traffic volume needs of this inter- section, taking fnto consideration the following factors: I � � � � � � � � � it to � � u � � � � I• REGULAR COUNCdL MEF°:';�'�; �'�' MARCH 19, '�; � PAGE 7 � � � 1. This proposal would put the least arr�urrt of traffic into the residential areas from Innsbruck North Development and the potential future commercial developments. 2. The cost of this Proposai wouid nat be as high as some of the other proposals. Certainly, if the traffic consideration were the only determining � factor, this is not the best plan; but if traffic, aiong with keeping the traffic through the residential areas to a minimum and the cost factors are consider�d of prirne importance, then this would be the only solution. � �J � i Mayor Liebl said the Polk Street plan must be considered before this proposal is implemented. The City Engineer said if the first reading of the ordinance is adopted, he can try to work on the other plan on Polk Street, but this ��ould be more expensive, he added. _ 3layor Liebl asked if the City would want to encroach on the area residents, he added, the Councils concern would be to alleviate the problem and divert the traffic. He said if the Council adopts the second reading, the members must know in their minds which way the City is going, Hillwind or Polk. He said the City must not encroach on the properiy owners, if the Council rezones, i.t will be doing just that. Councilman Starwalt said there were some property owners in attendance at the � Public Hearing on the matter that did not enter into the discussion. He asked if any of the people were present. There was no response. He said he had talked with the home owners of the area and from this and the results of the last hearing, he felt the people were not in favor of Lhe loop back idea. He � added, the people felt the best route would be to use Polk Street, he said, much of the traffic is already on Polk Street. He said the development of the Innsbruck North area would continue to increase the polk Street traffic. Some � of the traffic can be routed to Matterhorn and Gardena when this route is completed. The people were not completely in favor of using Polk Street, he said, but they did believe this would be the best of the suggested routes, Councilman Starwalt said he was hesitant to recommend this route until he is � able to speak with more of the residents on Polk Street. He said he also felt the patience of those at Union Oil may be wearing thin. � � � � � � � MOTION by Counciiman Sxarwalt to adopt the first reading of the ordinance, with the stipulation that Uni�n Oil does not apply for a building permit for the period of six months or until � time when the plan of the area is completed. SECONDED by Councilman Utter. Mr, Hubbard said he did not believe the statior� would encroach on the resi- dents of the area as it had been there for 20 years. � REGULAR COUNC I L ME�T ��G �iF� MFtRCH 19, i���� •, : Mayor Liebl asked if there was a portion of the land that is not commerciai at the present time. Mr. Hubbard said the request was for the property that the gas station is located on at the present t+me, and all of this is commerc+al. Mayor Liebl said he would like the record to state that there would be no residential property zoned commercial, what is to be rezoned would be from one type of commercial to another type of commercial. The �ity Engineer said the present zoning of the property, C-IS, does not allow for the construction of a gas station, this is the land the station is now occupying. UPON A ROLL CALL VOTE, Liebl, Nee, Utter, Breider, Starwalt voting aye, Mayor Liebl declared the motion carried unanimously. The City Engineer said he had been trying to get some direction from the Council. tie said Councilman Starwalt had been talking with the residents and working for a satisfactory solution. Councilman Breider asked Councilman Starwalt if he planned ta continue working with the people? Councilman Starwalt said he did not believe the matter would have to come to another publ�c hearing for the peopte to reaffirm the belief that the Polk Street route is the best over ali solution to the traffic problem. He added, with the anticipation of the future traffic, some restr ctions have to be made. He said he woutd tike to again speak to the people of the area before anything else is done. He said he would like the City Engineer to prepare a plan for the Polk Street route. Councilman Starwalt asked if the Engineering Department could come up with some kind of cost figures? He said he did not believe the adjacent property owners should be assessed because this would not be thei�r property. He said the people were interested in the cosfi to them directly. Councilman Starwalt asked how soon a cost would be assessed to the people. The City Engineer said he could obtain the cost figures from oth�er projects. He added, if the people have roadways, they have already paid foF the street assessments, H� said there would only be an assessment if the street curbing were changed from asphalt to concrete. Councilman Starwalt asked if the street would have to be widened to adequately take care of the increase in traffic? He said he had tried to cover all the aspects of the plan with the people. The �ity Engineer said it would be very difficult to widen Fo lk S�reet as the houses are already quite close. MOTION by Councilman Utter to receive the report from the City Engineer, dated March 15, 1973, regarding the intersectian improvement of Central Avenue and T. H. #65. Upan a voice vote, all votinr� aye, Mayor Liebl declared the motion carried unanimously. ORDINANCE #5� AMENDING SECTION 3•05 RELATING �0 THE USE OF SICK LEAVE FOR CITY EMPLOYEES: MOTION by Councilman Breider to waive the second reading of the ordinance, adopt the ordinan�e and order publicat:on. Seconded by Councilman Utter. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried una,�imously, ' � � , � REGULAR COUNCIL MEETING Jf MARCH 19, 29�3 PAGE 9 ORDINANCE #535 AMENDING SECTION 3•08 RELATING TO THE USE OF FUNERAL LEAVE FOR CITY EMPLOYEES: ' MOTION by Councilman Breider to waive the second reading, adopt the Ordinance #535, and order publication. Seconded by Councilman Utter. Upon a roll call vote, ali voting aye, Mayor Liebl declared the motion carried unanimously. RECONSIDERATION OF MR. BOB BARNETT TO AD HOC NORTH PARK COMMITTEE REQUESTED �BY COUNC I LMAfV PIFE ; Councilman Nee said he had brought the matter to the Council's attention I because he believed there was double representation from District #14. He suggested reducing the amount of committee members or adding representatives from the other school districts in Fridley. He said he would favor adding more members to the committee. He said he did not like to see this type of 1 information being presented after an issue is voted on, he added, he thought it should be in the agenda. He said he would like to see three more appoint- ments to the committee or Mr. Barnett taken from the�committee: i i � i r � ' � � � i Mayor Liebl said he did not recommend Mr. Barnett's appointm�nt because he was a staff inember at District #14, he said he had recorqmended him because he is the City's Week Inspector and could add a considerable amount of knowledge to the committee. Councilman Breider said there was other people on the committee that constitute double representation. He said he had heard Councilman Nee's arguments and he did not feel it is a matter of whether the committee member from the school district favored a nature center or a golf course, he thought the reason for the members on the committea would be to have some input from those who run the school programs. MOTION by Councilman Nee to remove Mr, Barnett from the ad hoc North Park Committee. Mayor Liebl declared the motion DEAD FOR LACK OF A SECOND, MOTION by Councilman Nee to invite School Districts #11, #13, and #16 to offer a nomination for representation on the ad hoc North Perk Committee. Councilman Utter said he would second the motion for discussion purposes. Councilman Utter said he questioned the Barnett situation. He added, he admitted he was a member of the staff at District #14. He said the Council had asked him to contact the School Administration. He 5aid he had talked to many people and they said they did play golf but would be just as interested in a nature center on the North Park site. Councilman Utter said he had not talked to Mr. Barnett. Councilman 8reider said every week the situation goes along and there are new members on the committee. He added, there is not time for a meeting when each t i me he comes to mode ra te h e ha s t o e d u ca t e new membe rs . He sa i d this situation is tedious to the other members that have been on the committee from the beginning. He added, with each new member, the committee has to cover the information that has been presented from the start. He said if the Council wants the committee to perform a function, they will have to lim:t the membership additions, He said he was not in favor of expanding the commi- ttee. REGULAR COUN� IL MEETI�JG ��� t�Ai2CN lq, i f;" PAGE 10 Councilman Starwalt said he thouyht that District #14 was by far the largesta, District in the City. He added, he believed if there was to be a difference in representation, the greater amount should be from District ##14. He said he did not be)ieve there should be a representative of that District on the Committee. He said he had no idea that Councilrnan Nee would look a.t the appointment as a representative of District #14. Councilman Nee said all of the members of the Committee represent a group. Councilman Breider said this was not true, Mr. Werne� did not represent any group. Councilman Nee said he was not prepared to say how, but he believed, that there could be some advantages to adding the representation from the other School Districts to the Committee. UPON A ROLL CALL UOTE, Breider, Starwalt, Liebl, Utter, voting nay, Nee voting aye, Mayor Liebl declared.the motion failed. RECEIVING PETITION FROM DON BRATT FOR LOT D REGISTERED LAND SURVEY `13 (SIVERTS LANE) FOR MUNICIPAL WATER AND SEWER: MOTION by Councilman Utter to receive the Petition. Seconded by Councilman Breider. Upon a voice vote, all voting aye•, Mayor Liebl declared the motion carried unanimously. Mayor Liebl asked the lot owned by Don Bratt, 6101 Ovrton Drive be pointed out on the map. The City Engineer pointed out the area and said the request at the present time is to put in a weli and cesspool. The City Engineer said the City would not be allowed to regulate the construc- tion of cesspools and wells until after December of this year. The �ity Engineer said the only problem would be if other people were to build in the area and want to put in wells and cesspools after this date. Mayor Liebi asked Mr. Bratt if, when the City puts in sewer and water, will the property owner pay special assessments and connect to the municipal system? Mr. Bratt said this stipulation would be alright. MOTI�I by Councilman Utter to grant the request for the installation of a cesspool and well with the stipulation that at the time of the installation of the sewer and water, the property owner be required to connect to the sys- tem within a certain amount of time. Mr. Bratx asked if this requirement would be placed on the property owner at the time. The City Engineer said yes. SECONDED by Councilman Starwalt. Cauncilman Starwalt asked Mr. Bratt if he was planning to sell the property? Mr. Bratt said yes. � � � J , � � � � � u � , ' � � Councilman Starwalt asked if he was building the home for the new property owner, Mr. Bratt said yes. He said the new property owner had not been informed of ' this fact as yet, but he would inform him of this ramification. 0 � � � , REGULAR COUNCIL MEE���� 0� MARCH 19, 1�?3 PAGE 11 � ' � � 1 � f_ � � UPON A VOICE VOTE, all voting aye, Mayor Liebi declared the motion carried unanimously. RECtIVING THE MINUTES OF THE PLANNING COMMISSION h�ETING OF MARCH 7, 1973: REZONING REQUEST, ZOA #Z3-02, BY ROBERT DEGARDNER: The City Engineer said the request was for rezoning from R-1 to C-R1 at 7920 East River Road and the Planning Commission had recommended denial of the request. � MOTION by Councilman Nee to concurr with the Planning Commission and deny the rezoning request. Seconded by Councilman Utter. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimausly. SPECIAL USE PERMIT, SP #73-01, STANDARD OIL COMPANY: The City Engineer said�the request is for the installation of a drive in type of car wash to be installed in the station at Osborne Road and University Avenue N.E, The City Engineer said the Planning Commission had recommended denial of the request. Mr. Harlan McGregor, a representative from the Oil Company, said the property is•correctly zoned and there were no objections to the installa- tion of the equipment voiced at the Public Hearing. He said he had ob- tained the signatures of the people in the sh o pping center and the owner of the shopping center. He asked the Council for a favorable vote. Councilman Breider recalled the denial of the request for the installa- � tion of a car wash in the Holly Shopping Center. He said the present request created d�fferent ci rcumsta��ces tha�� those at Hol ly. He mer�tioned the amount of traffic and the grade. He said he did not see why there could not be a car wash installed there. He said it would be a convenience ' to the customers of the station. He mentioned the large amourit of space in front of the station. � ' � • � �i Mr.,McGregor agreed, there was a large area there, he added, the Oil Company has installed them in much smaller stations. Councilman Brelder asked the City Engineer if there would be any proolem with stacking. The City Engineer asked htr. McGregor if a customer could easily obtain access to the station and a;'so back out? Mr. McGregor said yes. The City Engineer seid this is not the kind of car wash that you would drive through, but'it may cause some additional traffic. Mr. McGregor said the Oil Company has not had any such stacking prablems in any community. He added, the facility is an impulse item. Mayor Liebl asked what the major objection by the Planning Commission was based on. He added, they had voted four to one to deny the request. Mr. Eldon Schmedeke, Planning Commission, said he had not planned to come before the Council that evening. He said the reason it was denied is REGULAR COUNC Il. MEET ING Q� h����4 r 9, 1�; � PAGE 12 because there are so meny stations in the City and the area that there is going to be many problems. He added, there are car washes i� the City and they are trying to operate as car washes if this facility is used a great deal, it would hurt the cars wash business. Mr. Schmed�ke �aid there should not be as many stations, and the City should only put them in where they �ould financially make it. He said this is why he is against it, there are too many young men investing in stations and turning around and giving them up because they can not make a go of them. He said he believed the next t'ime someone comes in with a request to construct a station, he would like the Council to think about the need for another station. Mr. Ed �itzpatrick, planning Commission, said he had'heard there was no problem of the station making a go of it. Now this request is presented, he added, for all practical purposes this installation would be for making a success of the station. M0710N by Councilman Breider to approve the request and allow the installa- tion of the car washing facility and issue a specia{ use permit. Seconded by Councilman Utter. Upon a voice vote, Utter, Nee, Breider, Starwalt voting aye, Liebi nay, Mayor Liebl declered the motion carried. Councilman Stafwalt asked the members of the E�lanning Commission not to take the action as not agreeing with their decision, he added he would rather call it not concurring with their decision. REZONING REQUEST. ZOA #73-03, BY SAMUEL TEMPLIN: The City Engineer said this item was pending before the Planning Commission. VACATION F�EQUEST SAV �73-�2. BY SAMUEL TEMPL{N: The City Engineer said the item was pending before the Planning Commission. PUBLIC HEARING: REZONING REQU�ST�, ZOA #73-04 BY NORTH AIR HOhf ASSQCIATION; To �ezone from R-3 (general multiple family dwellings) to C-2 (general business areas) Lot 1, Block 1, Harstad Addltion, and the Sautherly 150 feet of Lot 18, Brookview Additton, subject to road easement over South. 50 feet, to bring it up to right code classification, (Knight5 of Columbus); The Gity EngFneer said thiS itcm had been continued by the Planning Commi- ssio� and it was also bein� studi�d by the guildi�g Standards-design Control Subcommittee. The Cify Engineer said the building was butlt with a special use permit and now, under the Qrdinance� �t is a non-conforming use, F{e said he would like to have some discussion �:ith the City Attorney as to wheth�r or no� they can expand the facility under the pres�nt zoning. He said the Planning Commission is sti11 considsring the item. The City Engineer said if the Councll wished to wait fes th� input by the Pla�ntng Commissian they should take no action on the matter at the present time. He ment�o�ed if there is.sorr�e type of emergency to solving the matter presesnted by the Knights of Columbus people, the Council may want to take action. He sald if the Council �eels rezoning is neces�ary, th�r� will hav� to b� s� h�a r i ng , u � , � � , � u � � l , I I , � � � i � � � � , � � � � � � � , � , , � . � , � , _ � � �� °� .� REGULAR COUNCIL MEETING 0� MARCH 19, �9?3 PAGE 13 The City Attorney said he had been asked to make a decision on whether rezoning would be necessary for the expansion of the building. He said it is a hard decision to make. He added, non-coAforming uses can not be expanded. he said the members of the community said they would not want to open the property to alot of other uses by rezoning. The City Attorney said to allow the expansion under a special use permit on a non eonforming use would set a precedent and all other non conforming uses could be expanded without rezoning. Mayor Liebl said the Planning Commission had not taken any action on the matter. The City Attorney said he thought the matter should be referred to the Planning Commission and brought back to the Council with their recomnendations. The City Engineer said he could not forsee any problems other than that of the storm sewer. He said the drainage problem must be taken care of. He said the people of the neighborbood have not responded favorably to the construction of a storm sewer. He said some money should be placed in escrow to solve this problem in the future, Councilma� Starwalt said the matter should be returned to the Planning Commission unless setting a date for a Public Hearing would help in the matter. Councilman Utt'er said there is a water problem i� a low spot on the site; � The City �ngineer said the expansion of the facility should be between the propsrty owner and tFie Clty. He suggested receiving the minutes of the discussian of the item taking no action at the present time. The members of the Council were in agreement. RETURNED BY COUNCIL: SPECIAL USE PERMIT, SP #72-19. BY FRANK GA$RELCIK; To cqntinue the existing use as a Used Car Lot and conduct an Inside Repair Garage Shop, to be located on Lots 6 through 10, Block 28, Hyde __ Park Addition,.and expand-the,kl9e to-�ots l2-and i�,�Qtock�Y;'CTty View Addition, per City Cpde 45,101, 3B, D and G. Councllma� Nee said there should be some area of compromise in this matter. He said the�e had be�n no eff�ct of cleaning up the area and there 1s no evidence that it is gqing Xo be different. He said the area looks credible from the highway, but the assault on the neighborhood is incred- ible, �{e said the entrance t� blocked by litter and weeds and the boule- �vard i� also a mess. He 5'�id he had no reason to think the condltians were going to change. He said he would not like to take any action on issuing a permit, he woutd like to waFt o� tMe matter. Mayor Li�bl safd the p)anning Commission had stipulated that iots 12, a�d 13, Bloek 2, not be included'in the request. He sald,the planning Commissian said th�y would'not 1(ke him to infringe on tha new land. REGULAR COUNC ! L MEEY f�G �'�` ►�,RCH 19; ;�" 7� PA6E 14 i 7he City Engineer said the matter had been discussed at the Department Head meeting that norning and the members of the staff suggested the City require Mr. Gabrelcik sign an agreement to comply with the stipulations before the Counci) approves the r�quest for a special use permit. Councilman Nee said he wou)d agree with' this type of action. The City Manager suggested the Council table any action until the signed agreement from Mr. �abrelcik is received. MOTION by Councilman Nee to table �t�e actior+ on t3�e special use permit until Mr, G�brelcik signs and submits an agreement to abide by the stipu- lation set by the Planning Commission. Secanded by Councilman Utter. Upon a voice vote, all voting aye, Mayor Liebl declared th� motion carried unanimously. VACATION REQUEST: SAV #73-03. BY I.AWRENCf. RUGGLI: ya�ate unused portion of Lots 29 and 30, Hyde Park Addition, the unused portion all being South af 60th Avenue Slip-off, Councilman Nee said he appreciated the work done by Mr. Schmedeke and he supported the decision of the Planr�ing Commission, but he wouid iike to hear fram Mr. Muggti. Mr. Muggli said he also con�urred w;th the decision of the Planning Commi- ssion, but had wanted some stipuiations by the Gouncil to clarify his posi�ion. He said he was heppy with the decision of the Planning Commi- ssion. He said ther� is a dead end and the property is useless unless sam� ather plans come into effect. He said he was concerned with the land becoming available for sale now or some time 1n the futura, He said he would like first chance at buying the p roperty tf i� is ever f4r sale, He Said he would not like the property split up. Mayor l.iebl �ead the saventh stipulation of the p�anning Commission: 7. Owners of l,ats 27 and 2$, Black 12, Hyde Park Addi�ic�n, be notified (1� this property Is ey�r avaftable and this be not�d on the City r�cprds. Th� City M��!�9�� said he was concerned with�stipulaticm number six, staxing th� �11ey should be plow�d a�d proparly matnta(n+�d. He added, it is not �he Cixy's pallcy to maintain unimproved alleys, H� said there is a dang�.r �h� heayy equipment would encroach on the area. He added, thi� could b� an add+�sl exp�nse df it is done every win��r. H� stressed, tha CfCy only plows improv�d alleys. M�. Mug�li �a1d ha would lik� ta clear up a p�int� �i� said the a11�y in que�stion repr�sen�� a�pecf�l case, He said this w�� �,n xh� only one way str+�et In Frfdley, and it f� not �ve� a bl4ck lc�ng, �� said �h(s is the r�+a�can ho ha� ask�d for the �lley to b� kept ���n, He said when a semi �ruck �am�� through thar�, it is hard to come 1n �ny other place except the atle�y, H� �aid he would like �om� consideratlon, , , � i i , � � , � � � � � � , i , REGULAR COl1P�C IL MEE'T ING OF ��RCH i q, ' q73 PAGE 15 ' , � � �� �J � � � Councilman N�e said his motion would be to ask for a feasibility study on the stiputations as some of them may cost the City some money. He said the expense would not be.extensive� but the plowing and the planting of trees would cost same money. Councilman Nee suggested the Council not take any actian at the present time. Mayor Liebl agreed saying the Council should get some information from the administration abnut th� expense of tfie sixth stipulation fv� plowing. The City Englneer said the alley had been plowed during the time this item had been under consideration. Mr. Schmedeke said he felt the item deserved special consideration. He said they were nofi asking fo� grading or the expenditure of a great deal of money, He� said if the property was not in an area where it could be seen, he wauld not request approval, but it is right on the express way and it is unsightly. He added, it is a little tough for a semi to get into this area so it could be cleaned up end sold as commercial property. Mr. Muggli salsi the last few times fihey had driven in aQd ba�ked out. free to cut across the easy way. the City trucks came into the area He said he would like them to feel MOTION by Counc[lman Nee to deny the vacation request and ask for a feasibillty repprt on i�ems one through seven as stipulated by the planning Gommission. Seconded by Councilman Utte�-, U�on a voic� vote, all voting aye, Mayor l,iebl declared the motton carried u�animously. LOT S PL IT REQlN:ST : L.S . 3-03 , AMBE R CONSTRUCT I ON COMPANY ; , The Clty En�ineer said the item was a request to combin� a 5p foo� lot ' with th� lot ta the south of it forming a buildable site, He added, the Plann�ing �ommisstan reconxnended approval of the lot �p1it. � MOTlON by Cpuncilmen Utter to concur with the recs�mmendation �f the Plannin� Cammission and grant the lot split, Seconded by Councilman Starwalt,: Upon a vaic� vot�, al1 voting aye, Mayor L,(ebl declared the , motipn carried unanlmously, LQ„�,SPL IT REQUEST s L S�,�J3-04. BY DENN I S C. CZ�CK; L] ' � LJ � � The Cfty �n�ineer said th� item was a request to sp11t � 12�A foot by 250 foot lat int� twa tats, He said the Planning CpmmlS�ion had �ecammended apRrQVaI afi the raquest. MOTlON by Goun�cllman Sxarwalt ta eoncur with xh� recommenda�ton Qf the Planning �ommis�sion and grant th� lot split, Secand�d by Councilman Uxt�r. Upon � voice vote, all votin� aye, Mayor Liebt d�sclared the motion carrl�d unanimausly. , ARMO RY RE F� RRAL : R�celvad wlth na actfon. � REGULAR COUNC 1 L MEE� ?�G i'� i`iL'�R�:H 19, ;`: ,' � PAGE � 1'6 � � � REVIEW OF MINUTES ON ZOA #72-11 AND SP #72°18. UNION OIL COMPANY: Received with no action. LETTERS FROM THE METROPOLITAN COUNCIL: Received with no action. MOTION by Councilman Utter to receive the minute�� of the Planning Commission meeting of March 7, t973. Seconded by Councilman Starwalt. Upon a voice vote, all voting aye, Mayor Liebl delcared the motion carried unanimously. RECEIVING THE MINUTES OF THE BUILDING STANDARDS DESIGN CONTROL MEETING OF MARCH 8. 1973: South 50 feet: the same beinq 6831 Hiqhwav �6S N.E., Fridley, Minnesota 55432. For �ur�ose of additional storaqe area. (ReQUest bv North Air dlev. Minnesota 55432. also known a f Columbus). The City Engineer said this was the item discussed within the minutes of the Planning Commission meeting. Consideration of a request to construct a buildinq to be,used as a machine shop, located on Lot 2, Block 4, Commerce Park, Ivinq East of a line 0 Th� C i ty ,fng inee,r �sa id he_ y�ou.l c� , recom�nen� , t}�e �Counc i.l :cmncu r v� i th the � Building Standards Design Control Subcommittee and approve the request with the seven stipulations by the Committee. Councilman Breider said he wauld like to see a plan if there was one available., The City Engineer showed the members of the Council the plans stating it would be a stuc�.�a with break off block. He said the building would be next to the Gazda Movino and �;t�rage Company, on the easterly one half of the lot and Would front on Osborne Road. MOTION by Councilman Breider to con�u:- with the Building Standards Design Control Subcommittee and approve the r�c��ust to const�ruct a building to be used as a machine shop with the seven stipuiations presented by the Commi- ttee. Seconded by Councilman Utter. U��n a voice vote� a11 voting aye, Mayor Liebl declared the motion carried una��m�u�?y, � ' � � � ' REGULAR COUNCIL MEETING OF MARCH 19, 1973 pAGE 17 ' � � � � � MOTION by Councilman Breider to receive the Minutes of the Building Standards Design Control Subcommittee meeting of March 8, 1973. Seconded by Councilman Utter. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. R_ECEIVING THE MINUTES OF THE BOARD OF APPEALS h� ETING OF MARCH 13, 1973: A REOUEST FOR A VARtANCE OF SECTION 45 OS 4A FRIDLEY CITY CODE TO DCfl11/`C TuC rnnuT vwnn nr.�..w.... ..�.... ..� _��_ __ _. -_-- -_ _ _ c BLOCK 3, MARIAN HILLS ADDITION THE SAME BEING 5215 LINCOLN STREET N•E , FRIDLEY. MINNESOTA. (RE UEST BY MR, DQNALD KISSLINGER_ 5215 LINCOIN The City Engineer said the variance would only be 2.5 feet for the purpose of building an addition on the house. He said the Board of Appeals had recommended approval of the variance. MOTION by Council.man Starwalt to concur with the recommendation of the , Board of Appeals and.grant the variance, Seconded by Councilman Nee. Upon a voice vote� all voting aye, Mdyor Li-ebl declared the rt�otion carried unanimously. ' , MOTION by Councilman Starwalt to receive the minutes of the Board of Appeals Subcommittee Meeting of March 13, 1973. Seconded by Councilman Breider. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. RECEIVING THE MlNl1TES_QE THE PA RKS AND RECREATION MEETING OF FEBRUARY 26 1973: , MOTION by Councilma� Brei�er to receive the minutes of the Parks and Recreation Meeting of February 26, 1973. Seconded by Councilman Utter. Upon a voice vote, all voting aye, Mayor liebl declared the motion carried unanimously. , RECEIVING THE MINUTES OF THE CATV COMMISSION MEETING OF FEBRUARY 5, 1973• MOTION by Councilman Breider to receive the minutes of the CATV Meeting of , February 5, 1973. Seconded by Councilman Utter. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carr(ed unanimously. � ' � ' � , , ��w��r�nu u��.nna vr �1�� t,MDLC ICLLVIJIVIV I,UMMIJJIUN' i �` MOTION by Councilman Breider to receive the minutes of the CATV Commission Meeting of Merch 5, 1973, and approve the Bylar�s. Seconded by Councilman Utter. Upon a voice vote, all voting aye, Mayor Liebl declared•�the motion carried unanimously. Father Ed Chmie)ewski, Chairman of the CATU Commission, questioned if the Council had approved the Bylaws of the Commission. Mayor Liebl said it had and there were no objections to their contents REGULAR tOUNCIL MEE�fNC C� M,A�CH i9, ���3 PAGE 1$ � ' RECEIVING THE MINUTES OF NORTH PAfjK COMMITTEE MEETING OF MARCH 8, 1973: MOTION by Councilman Utter to receive the minutes of the North Park Meeting of March 8, 1973• Seconded by Councilman Breider. Upon a voice vote, all voting aye, Mayor �.iebl declared the motion carried unanimously.; CONSIDERATION OF A RE QUEST OF MR. HENRY T. MALCMER FOR REIMBURSEIf NT COSTS FOR REPLACEMENT OF BUSHES: Councilman Starwalt said Mr. Melcher had requested this item be put on the agenda and had been called out of town, he added, he had talked with Mr, hlelcher and he feels he has a claim against the City. Councilman Starwalt said Mr. Melcher was under the impression that the City would be plowing the snow into the center of the street and then pieking it up. He said this had not been done, The snow blower had thrown the snow into his bushes. He added, the bushes �aere on the property when he moved into the home. Councilman Starwalt said ='�ne half of the bushes are dead and others are dying. He referred to the �stimate submitted to Mr. h{elcher by Bachman's saying it �rould cost Mr. Melcher $612.00 to remove the bushes and have them hauled away and replant with a salt �esistant planting. Councilman Starwalt said the salt resistant plant material suggested by Bachma�'s was the Zabel's Honeysuckle. He said Mr. Melcher had indicated the City should remove and replace the damaged shrubery. Councilman Starwalt s�id he had not indicated to Mr. Melcher during their discussion, whether the City would or could do this. He added, he had told Mr. Melcher he would present this item in his absence, and possibly he could address the Council at the future meeting during the visitors section. Mrs. Melcher said th� road is very close and they would Iike the bushes replaced to cut down on the noise and gasses from the st reet, The �Ci_t-y M�nager� asked ifi it �rould be possible tp,plant the� bushes farther back pn the-pr9perty� to el�imin�ate t#�e possibility� of salt damage again? Mrs. Melcher said.,the s�►gg�sted pjac�t.irtig b� Bachsna�'s�, �ab�e1's Honeysuckle, is salt ha�dy and 8a�hman's would gu�rantee the plant for;five years+ Councilman Starwalt said when he had talked to Mr. Melcher, he had asked h�m the same a�uestlon and was informed that th�re is a chain link f�nce which prohibits the variation of planting distance From the street. Tha City Attorn�y suggested the Council not take any action on the matter until the claim is 5ubmitted ta th� Clty's insurance carrier along with the estimate from Bachman's and the report from the University ta determine if this item is insured, H� �aid if the ttem is denied, It should then be brought back to the CAUncil fA�' a d�terminatipn of the obtigation on the part of the City to rePmburse Mr, Melcher for all or part of the claim. Mayo�' Li�b) que�tionee the guarantee from �act���an's that tMe planting would be guaran�e�d frQm �wo to five years, saying what if they do not last this long? Th� Clty fnc�ineer said the City wQUld plant the aushe� once, and from that time pn, th�y would be the re�pQnsibility of the prope�ry cwner. He� sald he would recommend the Cc�un�il plant the trees stipulatiny th�re would be no reocurring damaQ� claims. C� � � � u � � � � ' ' , � � � � , ' � , REGULAR COUNCIL MEETING ^� ='�1ARCH 19, 1973 PAGE 19 ' � , MOTION by Councilman Starwatt to submit the claim and additional information to the insurance carrier and brought back to the Council to proceed if needed. Seconded by Councilman Nee, Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. RECEIVING BIDS - GA.SH REGISTERS FQR LIQUOR STORES (BIDS OPENED 11•30 A M MARCH i6, 1973): • The City Manager said he had received the bids on March 16, 1973, and the , National Cash Register Company submitted the only bid. He said the gross price of $21,675.00 was submitted, with a discount of $2,300.68, leaving a net price of $19.374.32. � ' ' � � r ' ' � The City Manager said the five cash registers that the City possesses at the present time are all from twelve to sixteen years old. Ne said it had �een the desire to enter into a program to purchase cash registers with a �ata processing capability with the intention of keeping better selling 5°ecords and better inventory control. The City Manager said he recommended �pproval of awarding the bid to National Cast Register. � Mayor Liebl asked the City Purchasing Agent, Gordon Middag, if he agreed with this recommendation? Mr. Middag said yes, Mayor Liebj asked if the discount was in the proper amount? Mr. Middag said it was a governmental discount. The City Manager asked the representatives from National Cash Register that were present, if there would be any way to speed up the delivery? The Rep- resentative said it would take from 90 to 120 days. He mentioned there is another branch of the Company building the equipment in Dayon, Ohio, but they can not call for the equipment until a firm order is placed, MOTION by Councilman Breider to receive the bid and award the contract for the liquor store cash registers to the National Cash Register Company in the amount of $19,374.32, with delivery in four months or sooner. Seconded by Councilman Starwalt. Upon a voice vote, all•voting aye, Mayor Liebl declared the motion carried unanimously. FIXTURES RECE IV I IDS - P!d �1„�/�lgN FOR L IQUOR STORE (B I DS OPENED 1 1: 30 A. M. ,_MIARCH 15 , 1973 : The City Man�ger said this item had been amended in the adoption of the agenda. It had been worde.d as "bids for outdoor advertising sign" and should be fixtures�'. , : The City Manager.said there had been two bids submitted, from Harrison House � and Display Fixtures as listed below; Company Bid Secur3ty Total Bid Less To�al Less Total � Price deduct alternaxe Display Fix- Bid Bond 5% $19,�50.00 $900.00 $2,225,00, 1 ture� Inc, American 1�66 Benson AVe� �mpire Ins. $t, Paul, MN Company � , ' Net Price deter- m i ned on t rad� 6� deduct items. REGULAR COUNC I L hqEET I NG OF �4,AR�.�f i 9, 1°'�?:; Harrison House • 5901 Wayzata Blvd. Gert, check $43,083.00 Mpls. Minn. $2,15�+.15 none $6,315.00 PAGE 20 . ' The City Manager said the low bidder, Display Fixtures, listed the following deductions and trade ins: $100.00 for Skywood Compressor; $150.00 for Shorewood Gondo1as; $250.00 for shelf-feeding dispencer'from Skywood; $400.00 for Skywood Gondolas; $275.00 for bottle return deduction; $850.00 for broken case deduction; and $1,100.00 for the use of existing gondolas. The City Mdnager said he was satisfied with the bid submitted by Display Fixtures, Inc., including their alternates and deductions. He added there had been quite a variation in the amounts of the two bids. He asked the members of the Counci) if he could answer any questions. r*:��,or Liebl asked•the Purchasing Agent if he would recommend awarding the bid ;; Display Fixtures, Inc., and he said he would. <:�uncilman Breider recalled the awarding of bids to the painting firm recently, e�skin� if with the great difference tn the amounts of the bids, would the City face another problem'of withdrawal from the bidding? The City Manage� said he had no idea why the bid submitted by Harrison House was so fa� out. He suggested , the reason may be that they are a restauranfi supply house and this type of bid- ding js new to them. He said the low bidder is experienced and he did not be- �lieve there would be any problem in awarding the bid to him, � Councilman Starwalt asked if there would be any used equipmenfi used? The City Manager said there would be, the bidding had been set up on the basis of the use of the existing equipment. Councilman Nee asked if there had been any indication why the others.had not submitted a bid? The City Manager said this was not a big job, He added, it is kind of a can of worms. He said the contract was to relocate equipment from orfe store to another. He said the bid did not inctude the major oufitting item� such as a eooler. The Ci�ty Manager sa.id the specifications had been sent o�t ta �11 know fixture; distributors. He said M�. John E. Sergsted was the c4nsultant on the preparation of the specifications, h� said he was paid sepa�ately for dr�wing up th� specifications. Councilman Nee asked what Com- pany Mr. Bergsted was affiliated with. The City Manager said Display Fix- tures, Inc. C�un�ilman Nee asked if there was s4me urgency in taking actlon on �he item that evening? The City Menager said the constructton had not progressed to the point whe�a it was necessary for the installation of the equipment immadiately, and the�e would b� no urgency. Cauncilman Nee said he would lik� to d�lay action and investigate the rea�.r°�^ why the other possible bidders had Mot submitted a btd. MOTIQN by Councilman Nee to recePve th� bids and table the awarding of the con- tr�ct. Second�d by Councilman Breider. Upon a vo�c� vote+ all voting aye, MayQ� l,iebl declared the motion carried unanimously. ' , � ' �� � ' � � LJ ' ' � �1 � �� � !1' I� REGULAR COUNCIL MEETING OF MARCH 19, 2973 ° PAGE 21 � '� _] , DISCUSS ION REGARDING REPORT ON LOCKE LAKE BY C ITY ATTORNEY (REPORT RECE IVED AT A'EETING OF FEBRUARY 26, 1973): � Mayor Liebl called on the City Attorney to summarize the memorandum received by the Council in his absence at the meeting of February 26, 1973. The City Attorney said he•hoped the memo speaks for itself. Councilman Nee said he thpught very definitly, self explanatory. He qusstioned if the report , Locke �ake Association for their review. , , , � �� , the report was complete and could now be submitted to the Councilman Nee requested notification of the next meeting of the Association saying he would like to attend, and if ppssible he would like the City Attorney to also attend. 'fi'he City Attorney said he understood the County Sur�eyor has indicated he could help to do some of the surveying and reduce the costs. He said the local engineeris�g office could also help with the surveying. The City Atto rney said his office and the Gaunty Attorney could handle the legal work. He added, if this could be worked out without an excessive cost, it would be better for the p�operty owners. He said he would like to change the ownership so the land would go to the water's edge and there would be no public land between the property owners and the lake. Mr. Frank Nebel, 69b1 Hickory Circle N.E „ Locke Lak� Association, said.there would be a meeting the comi�g Monday evening, March 26, 1973, Mr. Mike 0'Bannon,,County Commissioner, said this item had come before the Board some time ac�o; Me added, it was the recommendation of the Bodrd that a Gommittee be formed to work with the Locke Lake Association through the City. , MOTIQN by Councilman Nee to reaff+rm the receipt of the report from, the City , Attorney r�garding Locke Lake date February 23, 1973. Seconded by �ouncilman Breider, Upon a voice vote, all voting aye, Mayor Liebl declared the'motion carried unanimausly. ' � �i � , , � , LJ , The Gity Engineer said he had_talked with the County Surveyor and it was his opinion that closing the lake to the center line of old cr�ek bed with a sur- � vey wou1d be difficult, He Sald a reasonable and practi�al solution had been � su���:sted and that was Xa extend the Property lines of the property owners ' around the 1al�e� by another fifty to one hun�red feet or an additional dis- t�nc� if the l,ocke L,�ke dam,i� going to be maintained. He said the remainder ? of the lake bpttom remain private and if the water recedes, the people would , 5x111 own property to thE waters edge. He added, this p rocess would be easy to accomplish. Councilman �reider asked if this procedure is follawed, would the prope�Xy own+�r have � right tQ d+�v�lop the land under the water? The City Attorney said it has b�en l� ye�r� sinG� th� construction of tha dam, He said there j� � restrlction that the water be kept at its present l�vel. REGULAR COUNC IL MEET tiv�; 4��" ?�ARuH 1�, =9 ��: PAGE 22 Councilman Breider asked what would happen if the dam were to qo out and leave a creek situation again? The City Attorney said there wo+:ld be a determination at whether or not to replace the dam. He said there is more of a likelihood that the water will recede than that of the dam being taken out. He said the proposed methad by the City Engineer would take care of all the problems except an unlikely occurance. The C�ty Attorney said he beiieved the City Engineer and the County Surveyor should get logetFer and come back to the Council with a�lan. A resident of the'area said there are now seven lots that do not go to the water's edge. He added, there are quite a few that go 100 feet into the lake. He mentioned the problem of the delinquent and currect taxes and questioned the ability of an individual acquiring the land because of tax forfeit. He stressed the importance of what is done on the lake and how it wi)1 affeCt the property owners. ;;ouncilman Nee asked if there was some way to get an expression from the Asso- �iatJon, hlayor Lfebl said thera woub be after their meeting. Councilman Nee said he dId not mean at the present meeting, he stressed the importance of the Association being a part of the total mechanism for a solution. The Gity Engineer said the least expensive alternative would be to extend the private property 50 to 100 feet inCo the lake. The second and next expensive alternative would be to close tfie lake with a survey �o the old creek bed. He added, the most expensive proposition would be for public ownership. The City Attorney suggested the members of the Association discuss the alterna- tives and alsp consider the possibility of the.Associatfarn acquiring the remain- der of the lake battom. He seid there was also the possibility of some non- profit organization acquiri,ng the land on behalf of the property owne�s on the lake. He said this would rule out the possibility of Just anyone who felt the land had some value picking �t up as a tax delinquent property. Mayor Liebl said the Locke Lake Association should report back to the Council when they reach a decision on whethe'r they desire private or public ownership ofi th� lake bottom. � RECE IV ING S'�A�US REPQRT ON STONY BROOK CREEK EROS ION CONTRO,� (PROJECT #102-2) : Th� CPty Englneer said there had been additional requests fQr work which exceed the amount in the account. He said he woutd like some direction from the Coun- c(1 as to whether to stop work at the present time pr proceed with the priority i�ema, Maypr Liebl said.the aGtion was initiated on an emergency basis, $�2,000.00 waa budgeted to stop the arosion. He asked �.he City Engineer if the work had stopped th� erosion? The City Engineer said it had. He added, this is not a permanent solutio�. _ M�yor l.iebl suggested 1e�ving the qu�stion up ta the engineering ingenuity pf qf th�e Ciky Engineer to do what h� thinks is best. The Ci.ty Engineer said this money is Coming out of the assessments of the district. He said there was a n��d fc�r �ome cla�ificatian, M� added, so far there has been a commsndable job done frar th� am�unt of maney spent. , � � � � i LJ � � , , ' �J , , ;__J , � . ' IREGULAR COUNCIL MEETING OF MARCH 19, �97� � � ' LJ � u � � ' , � ' , � ' � , � Councilman Utter asked if the City for the project or if he wanted to Engineer said he would like to know and cut the project off. PAGE z3 Engi�neer wanted a greater amount of money spend the total remaining? The City if he was to spend the remaining money MOTION by Co�ncii�en Nee to authorize the expenditure to complete work on Dunphy's and Skiba's property. and after this, cor�sider a permanent solution to the Stonybrook Creek erosion problems. Seconded by Councilman Utter. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. RECE IV �jdG THE RECOMMENDAT IONS ON CAP IT�JL STREET SEWER PROBLEMS : The City Engineer said as stated in his report, Councilman Nee, Councilman Utter, and he had attended the neighborhood meeting with the people living on Capitol regarding the sanitary sewer problems. He added, from his anal�ysis �f the problems� three property owners are experiencirg problems with the ��nita ry sewer. He referred to the television report that had been done of �i�e area saying there had been breaks in the line indicated. The City Engineer said the plan at the present time would be to repai:r the line and wait one year to determine if there had been an improvement. Ne said i�f the repair work in the line does not solve the problems, small ejection pumps will be installed in those homes experiencing more difficulty. He said after this time, the prope�ty owners would be notified of a Public Hearing on the matter of street improvements. Mayor Liebl asked if the City Engineer was indicdting that the street improve- ment project be deleted at this time, the necessary repairs made in the line and the item brought back in a certain amourit of time for reconsideration? The City Engineer said yes. Mr. Oliver R. Olson, 5237 Capitol Street N.E. agreed that if the line is repaired and a sa.tisfactory time period is allowed for the testing of the repairs with ejectjon pumps installed if there are further problems� this was fine with the three people who had been experiencing problems. Mr. Olson questioned whether the installation of the pumps in the three homes would cause problems for ctthers in the area? The City Engineer said the small pump is unlike a lift station as it is a small and is not forceful such as a tift station. Councilman Nee said he was very pleased with the steff preparations for the me�ting. H� said he believed the period of one year seems to be a reasonable amaunt of time totest the repair work. MOTION by Cauncilman Nee to receive the report and to delete Capitol Street from the Street Imp�avement Project at the p rosent time. Seconded by Cou�eil- man Utter, Upon a.votce vot�, all voting aye, Mayor Lieb.l dec�ared the mo- tion carried unanimously. CONSIDERATION OF LANDSCAPIN� PLAN FOR HOLIDAY VILLAGE NORTH: Ths Gity Engi�eer said Molid�y Village had asked that this item be tabled. , ' � REGULAR COI;NC IL MEETiNV Ow' �WRCH 19, .f yJ ? PAGE 24 , h10TI0N by Councilman Utter to table the landscaping plan. Seconded by Council- man Breider. Upon a voice vot�e, all voting aye, Mayor Liebl declared the motion carried unanimously. � ' RECE tV ING REPORT ON STATUS OF THE SAC LAWSU IT: MOTION by Councilman Breider to receive the status report. Seconded by Coun- � cilman Utter. Upon a voice vote, all voting aye, Mayor Liebl declared the motiorn.carrfed un.animously. � . REC�IVING REPORT ON WEED PROGRAM FOR 1973: MOTION by Councilman Breider.to receive the report and c4ncur with the recommenda- ' tions of the administration. Seconded by Councilman Starwalt. Upon a voice vote, a11 voting aye, Mayor Liebl declared the motion carried unanimously. �,IECE IV IKG REPaRT ON ACT {ONS TAKEN AFTER THE STUDY SESS ION ON EAST RiVER ROAD �ALONG WITH REPORT OS SOI�f RREVIOUS ACTIONS TAKEN BY THE CITY COUNCIL: MOTION by Councilman Nee to receive the report on acti.on taken after the study session on East River Road. Seconded by Councilman Utter. Upon a voice vote, alt voting aye, Mayor Liebl declared the motion carried unanimously. RESOLUTION #37-1,�73 - APPROVING ADVEgTISEMENTS FOR BIDS - EOC AND POLICE DEPARThENT REMODELING: MOTION by Councilman Breider to adopt Resolution #3t-1973 approving advertise- ment for bids - EOC and Police Department Remodeling. Seconded by Councilman Starwait. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimousty. : SANITARY SEW� R IMRRO_V_EMENT PROJECT #113: MOTION by Councilman Utter to adopt resolution #3$-1973 ordering preliminary plans, specifications, and estimates of the costs thereof: sanitary sewer improvement project #113. Ssconded by Councilman Starwalt. Upon a voice vote, a1) voting ay�, Mayor Liebl declared the motion carried unanimously. � RECEIVING A REPORT ON A PROPOSAL FOR THE METRO RATE AUTHORITY: � � �� b � � hqTION bX Councilman Breider tea receive the report. Secondsd by Councilman � Utt�r. Upon a voice vate, ali voting aye, Mayor Liebl declared the motion � carried unanimauslyk Mayo� Liebl asked if a week would allow the C�unci) enough tinM to study the report. Mayor Liebl said the Chairman of the Steering Committee $ruce Newrocki, Mayor, City of Columbia Heights, suggested the proposal of uniform electric franchise as .deservtr� of consideration, � � � , r � ' ' , C� ' , ' ' REGULAR COUNCIL MEETING OF MARCH 19, 1973 PAGE 25 � ' , , � ' � The City Finance' Dire.ctor said the Committee was working under a tight time schedule. He added the Committee would need any suggasted changes. submitted to them before April 15, 1973. or by the latest April 30. 1973. Me added, there will have to be some hearings held. The Finance Director said this had been introduced every year and nothing has happened on it. He added, the time is here wher. they will need some kind of agency. • The Finance Director said the first step would be to award a franchise and after the franchise is awarded, a resolution must be passed entering into the agreement with the other communities. He said the proceedings should start to award the franchise to Northern States Power Company. He added, the consultants, Mr. George F. Hess, and the law firm of Howard, LeFevere, Hamilton, and Pearson of Minneapolis would like the Council to start proceed- ing before April 15, 1973. ' n+'�e City Attorney said if it were brought back te..the Council on the 2nd or '��h of APril, this would give the Councilmen enough time to review it. Mayor :,'sPb) agreed. Mayor Liebl sald there had been both managers a�d also elected ��ficials on the negotiating committee. He said it �hould be reviewed considering the best interest of the citizens of Fridley. Mayor Liebl said he would like ta see a,state wide authority. Councilman Breide� said this. could and may not have a large demand. He added, sometimes , problems are worked out most effeciently with the local government. � �� (� I � , � 1 . , Mayor Liebl asked the City Atto�ney for his help in studying the report, and asking hi.m tp bring his vi�ws back to th� Council. APPOINTMENTS TO THE ENVIRONMENTAL UALITY COMMISSION: Mayor Liebl said he had asked the members of the Council to submit one name as a nomin�tion to the Environmental Quality Commission. He added, he had also, selected some perso�s to serve on the Committae. }{e read the suggested appointments as follows: Robert L. Buck):ey, Chai rman, 5�+ �ocke Lake �toad - 3 years. Ronald F. Burton, 741 Pandora Orlve, - l.year, Utter Shirley K�nned�r. 6875 7th Street, - 2 years, Thomas Sullivan, 1350 Gardena, - 1 year, Starwa�t Roger Kay, �8S Rice Greek Terrace, - 3 years, Breider Jim �angenfelt, 7g 632 Way N.E., 2 years Mrs. Charles Martin, 1.33 Stonybrook Way N.E. - 3 years, Nee The City Menager said the agreement stated that the terms .appoi�tment would expire the first of the year. He ask�d if this should not be changed to the first o� April. .Mayor Lieb) agreed, the terms wou)d run to the first of April of each yea r. MOTIQN by Councilman Nee to approva the suggested nominations as members of the , Enviranmental Quality Commission. Se�onded by Councitman Breider. Upon a vo(ce vote, all voting aye, Mayqr Liebl declared the motion carrled unanimously. ' � REGULAR COUNCI� M��TING OF MARC� 19, 197� PAGE 26 � I Mayor L(ebl �a(d the members shauld be furnished with a copy of the ordinances. H� added, the Commission shauld be provided a secretary to recard their meetings when needed. ' ,�P�Q I,�ThI��L: C I TY F MPLQYE� ; A�, , �'0,��„�t ALARY Fredrfck PrQm Juniar $764 75� Millcrssx AGCt. per Mana�, Bemid,j 1, month Minn. S66Q1 E FFECT I VE DA'TE March 21, 1973 EP(� LACES new MIaTiQN bY Councilman �refder to appraye the new eity employee, Seconded by Cauncilman Starwalt. Upoh a voice vote, al) voting aye, Mayor Liebl declared tho moti�zn carried unanimously. � �, LA I M�.: . G�NERAL 31��� - �1441 I.IQuOR 7�88 - 7�37 MQTIQN by Cc�u�,cP lman Utter to approv� the claims. S�conded by� Counci Iman Stat'walx, Upon a vcaPc� vote, al1 voting aye� Mayor Liebl deelared the motion carried unanimsausiy. , .�E � * . C,�E��RAL ,�,QNTRAC�OR APPROVED BY De$igners � Remodelers IncR 1501 West 8Qth Str�et • Blooming�on, Minnesota By: Bobby Wyatt C. Belisle MOTION �y �QUncllman Utter to apprrave the lic�ns� raquest. Seconded by Cauncilman SXarw�tt. 0�►on a voice vate, a11 voting ay�� Mayor Liebl declared th� mc�tlon carrP�d unanimously. S Ea ; CQm�tock � Uavis, In� Con�ul�tng �ngine�r°s 14�+b Counky Rcaad ��,��� Mlnnaapolis, Minnesota T�5432 FoC furni�hin� of resident inspection and resident supe�°vi�lon fpr the �t�king out of the constructlon ws►rk Pors Wa�er Imp�'�Y����t Pr4je�t #ill Modificatipn of Wa11� �� 9, � 11 fram �ebruary 23, 1�73 ESTIMATE #1 p PARTIAI. � 24g�5� , ' � , ' REGULAR COUNCIL ME�TING OF MARCH 19, 1973 PAGE 27 � LI �, i�l �J , � � , C� ' � , ' L1 II� � i1 �� II � , ' Sanitary Sewer� Storm Sewer � Water Improvement Project No. 1Q2 from �anuary 29 through February 23, 1973 ESTIMAT� #14 - PARTIAL Weaver, Talle � Herrick �16 ��st Main Stre�t Anoka, Minnesota SS303 �or services rendered - dated March 15, 1973 S 623.37 $ 1,749.00 MQTION by Councilman Nee to approve tha estimates. Seconded by Councilman Breider. Upon a vofce vote, all voting aye, Mayor Liebl declared the motion carried uqan i►r�us ly. - `"!��M 61ST T0, SY�VAN ,4iAI�E N.E. : °��� City Engineer said the action ko be taken on the item wouid be to receive s::he petitipn and authorize the specifications to be drawn. MQTIAN by GQUncilman Breider to concur with the recammendation of the City �ngin��r. Secanded by Councitman Nee. Upon a voice vote, all voting aye, Mayor Liebl d�clar�d the motian carried unanimously� � y�y ► 1 �QQ„�,,,,R,APIDS�„�ITY MAI�AGER: LEGISLATIVE IIAISON: �oun�ilm�n Starwal� �sk�d why Coon Raplds had decided not to �nt�r into the a�reement with th� l.egislativ� Liaison. The Gity Manager si�d the Council had roted threes to �wo tc�,jQin the other area cammunities in executing an agree- ment, h� adc4�d� it requires a four fifths vate to transfe� fu�ds. He said nca�v thare ar� three �Pties involved in the agreement with David Kenn�dy, hc� wanxed the� Council ts� decide whether or no� they wanted to stay in the agree�m�nt or what. He said h� thoughtthey may want to recons#�der stnce the turn Qf �Y�l1t8, Mayc��° l.i�bl asked if th� bill for the services wauld nor� be split three w�ys? Thca Cfty Manager said y��. . Ma�yor I�i�bl �aid h� bal(eved that Couneilman Breider and Couacllman Starwalt had be��n planntng t� att�nd th� next meeting with David Kanne+dy. CQUnctlman St�rwalt sald he had though� it was Coon R�plds�that had promoted � th� plane H+� ask�d again wh,y th�y had rscansidered? May4r Li�bl said there �re� twa new yaur�g men on thelr Council who felt they had �lected two l�gis- latvrs �and scnators ta reprasent them. The City Mana9er said ha had brought thla b�#or+� tha C�unGil beGause he felt the Council should re�ansidar th� �gre�mon�k. Maypr l.lebl sald h� thought the members of the Council should m+sat wtth Mr. K�nne�dy to determine i� he can be of further help. Mayar 1.1eb1 ��id h+� baliav�d Mr, Kennedy had b�en rcasonable in ths bill that had b+��n �'��sQn�b1Q In tho blll th�t had b�en drawn up. He addcd, he had also h+�jpe+d wi�h tha Nous� Fil�e #295 and had the respect af both s(des o� the hQUS�, Thq Clxy Mat�age� �a�id h� believed the City should stil) retaln the ��rYic�s of Mr, K�nnedY= � . REGULAR COUNCIL ME�TING �F i�ARCH l�, 1�73 PAGE 28 . , MOTIQN by CounGilman Starwalt to recQive the letters from J. K. Cottingham, Ci�y Menager, Coon Rapids, dated March 15, 1973, regarding Coot� Rapids de�isfqn to not execute agreement for Legislative �iaison, and communication fram�Davld K�nnedy� �egislative Liaison, dated March 6, ig73, Seconded by Gauncilma� Sr�%der. Upon a voice vote, all voting aye, Mayor �iebl d�clared the motlqn �arried unanimously. RECEIVING COMMUNIGATION FROM G. MARC WHITEHEAD TQ CITY ATTORNEY• CHIES BROTHERS: Th� City At�orney �aid h� had requested this item on the agenda because he was not cer�ain if he was authorized to accept the $2,50p. He said he had been instructed to go back and try to get the $2,500 that Mr, Chies had originally off�red rather than take the offer of $1,5p0 which was the last offer. He said this had been done and all that had to be done now was to go ahead and get th�; che�k f�r $2,500, ?'IOTIQN by Cpuncflm�n Starwait tq accept the offer from G. Marc Whitehead on ��half of Chie� Broth�rs dated March 13, 1973, in the amour�t of $2,5Q0. ;��cpndad by Councilma� Nee, Upon a voice vote, all voting �ye, Maypr �iebl deGl�red th� m�ti�n earried unanimously, E MOTIQN by Cc�uneilman Starwalt to receive the letter from the Fridley Police Penslan AssQCiaxion dated March 9, 1973 signed by Fredrick C. gebensee, �ice PresidanC, Waldemar M, Qlsen, S�cretary, and ,lohn F. Anderson. T�easurer, re�s�inding the letter of Merch �, 1973, Seco�ded by Councilman Nee. M�ycar l.i�bl �aid h� did not believe there should be any action taken regardi�g th� maXter at th� present time, he belisved there should be a meeting of the mind� b�fore this �ould be done, Counrllman �t�eider �aid he tl,4u�ht the Counci1 had been sayin9 this f4r a lang tim�, Councilman 9r�ider said that he would like tc� qu�stion �h� City Attorney, ' H� �ontinu�d� th� Cauncll had been ne�otiating for one and one half years now, = and have� gotken nawhere, are there any �egal aspects that could be used ta �attle th� m�tter? Th� �ity At�orn�y �aid hs would da some investigation and make� � r�part to th� ' Goun�it. H� sai�1 h� would be happy to mak� such a r�pQrt and come up with �om+� �u�ge�tic�ns, HQ added, he �outd suggest as pe� the flty's legal a�ree- ment, that h� �nd �1r. Wyman Smith work cooperatively on th� project. Mc►y�r �.ieb� r��d �loud the letter submitted �y �he Association, Me said th� A��s��i�tP�n had m�:t with th�ir lec�islative repres�nzativ� ih� RfBV1OU5 day and �h�y w�r� tpld th�r� may be some �egi�tatiAn that waqld mak� th� funding mor� G9m�aXibte �c� th� �ity. H� said this may give the Ci�y th� opportunity ta ���cu�e a mc,re finan�ially feas�ibls plan, , ' ' ' � � , ■.�' � I r J ' ' � L_J , ' , � � � , � � ' , ' � IJ � ' � � � REGULAR COUNCIL hiEETING OF MARCH 19, 1973 � PAGE 29 Councilman Breider said he had a responsibility to the peop)e he was repre- sen�ing. He asked if there had been a requirement of the City's funding the plan set aK 21%? Thc� Finence Director said it had. Councilman g�eider said the Pension Association has the right to assess the R�pp��, �� �dded, �his can not help the people. He referred to the portion of the letter stating the Association would not agree to any plan until after the current se�sion of the legislature adjourrs. He said he aould not meet his obligation� to the� p�ople. He said he thought the Council should investigate other altefnatives and perhaps the legal ones are the only ones left. He added, he had be�n working to save the people he was representing some taxes, he believed the Gouncil should take sQme� positive action. He recalled they had agreed last year to stop the'percentage growth and if this is the way the Association fe�ls, he thought the Councilshould start looking�out for the people of Fridley, 'nuncilman Breider suggested that the cooperative efforts of the City's two e�gal firma be used to investigate legal possibilities in the Fridley ��olice Pension Fund d�ilemma. Mayor Liebl said he believed Jo� Connors was also representing the tax payers of Fridley. He said considering the matter overall, he thought Mr. Connors should also be given the apportunity to solve the problem, He added, some- thing liks this is not scalved over night. Mayor Liebl said the Guide Lines Act af 1�69 may be reconsidered. Mayor Liebl said he would like to see a pay as you go plan for the City. He said if the representative is positive, h� can �et it, why not let him try and work something out? He stressed the point that he wouid like to let Mr. Connors try and work something out, He said it wou1d only involve two months of waiting. Councilman 9reider said nothing could be hurt by the investigation. He said if Xhers is rtQ nsed to use the alternatives, good, if there is a need, this infor- matio� will be� �urnish�d, The City M�nager said he had attended L�ague Legislative brieft�g meeting whe�e R�presentativ� Dvn Moe stated his projection to come up with xh� adaption of somethtng like,the H�witt plan. He� said he did not think this was any kind of a.solution� it}wQUld canly lower the p�yments, He stressed, it would not solve �anythiny, Mayor l,tebl remind�d tha Council that there was-a motion on the floo� to re- ��ive xh� letters. UPQN A VQIC� VOT�, all vo�ing aye, Mayor �.iebl declared the motion carried un�nimously and xhe letters we�e received. ' Mf1TI0N by Councilman Br+�id�r to autharize ths coapera�ive efforts of Weaver Talle� and H�rrick and Smith, Juster, Feikema, HaskvPtz and �assarly to re- s����� le��l aspect� and formulate scxne recommendations fo� po5sib)e solutto�s � of th� current Fridl�y PQlic� pension Association dilemma and to report baGk to the Counc�il �fi su�h time they come up with any alterna}ives which may reach agreement� Se�onded by Councilman Nee. ' . ' REGULAR COUNCIL hIE�TING 0� hW RCH 19� 1973 PAGE 30 Councilman Ne� said he believ�d there should be some legal right sought that the City may pursue. He said the City had been locked intp a contract that it had no participation in formulating. He said he would,like to see some of the . legal aspects of such an agreement investigated. Mayor Liebl said when the pension Plan was adopted he was not on the Council. He referred to the adoption of the Guidelines Act stating wheq it was passed, a bomb had been dropped on the City. Councilman Nee said he thaught it was time the Legistature acted constitutionally. He s�id he did not feel the Act was constitutional, or the Legislature did not understand what they were doing to the �ities, Mayor Liebl said maybe the Legislators can change the Guidelines Act and create a pay as you go alternative. He said he thought the Council should place some �:onfidence in the representatives, and if they do not come up with a solution, t;he� the Council could take some action. UPON A VOIGE VOTE, Nee, Breider, Starwalt, Utter voting aye, Liebl voting nay, Mdyor Liebl declared the motion carried, four to one. Councilman Bre(der said the administration has put a great deal of time and effort inta the subJect and tried their best and still the Council did not have the results they were looking for. Councilman Breider recalled in recent negotiations the Mayor had interceeded and the results were admirable. Gouncilma� Breider Suggested the Council authorize th� Mayor to enter into the negotiatio�s with the Fridley Police pension Association if it is determined by the Gity Attarney investigation into the matter that this is legal under the City Charter� He also suggested that the City Attorney report back to the Council and this matter be put on the agenda at the next meeting, Mayor Liebl said he did not believe this action could be taken under the Gharter. Councilman Breider said this could be researched by the City Attorney and if '� it wpuld be possible, th� Mayor should sit down and pa rticipate in ths negotia- � tions. Mayortl,iebl said this may be a good idea, , The City Attortney said h� did believe the members of the Caun�il were not allowed to ne�o�iate�� Mayor Liebl stated that he also questioned this ppssibility as he was an ex officio member of the organization. Councilman Utter agreed, this may be worth looking into. Th� City Ma�ager said Mr. Brunsell had been involved in the negotiations, and h� is alsa an �M officlo member of the organization. Mayor Liebl �greed stating Mr. Brunsell is on the administrative staff, h� added, he as Mayor, is not. He said h� wauld tike to get the matter solved. ' , � � � ' ' � ' ' � � � � � LJ � , . ' � - ' REGULAR COUNG I l. MEET ING OF MARCH 19, i 973 PAGE 31 � RECEIVING THE LETTER FROM WYMAN SMITH, DATED MARCH 16, 1973 REGARDIN6 DISTRICT COURT. LAWSUIT - JOHN H. GLOVER IN(3 VS CITY OF COLUMBIA HEIGHTS AND CITY' � FRIDL�Y. D,�STRICT COURT FILE 28615 - 4561: ' MOTION b� Councilma'n Breider to receive the communication. from Wyman Smith. Seconded by Councilman Utter. Upqn a voice vote, ali voting aye, Mayor Liebl , declared the motion Garried un�,iimously. LJ � � � , L_1 � ' ' , E Mr. £ldon Schmedeke addressed the Council stating he believed the Used Auto Ordinance Was being abused. He said the CounGil had just passed an ordinance rhe first of the year and he suggested the Councii send out a letter to those �n violation stating they are doing something wrong. Councilman Utter said �e had talked with Mr. Schmedeke, the members of the Council and the City �ttorney last week concerning the matter. He said he had asked the City Attorney to prepare a report and submit it to the Council. Councilman Utter said he had checked into one possible violation on Uni.versity Avenue, stating the car in question had been in �he name of the owner of the property. He said the auto was the mans private auto and bei�g sold on his pla�e o�F b�;slness. He said hE did not believ� there was a violation in this cas�, Mr, Schmedske said he had not come to the Council to bring action against any- on� he added, he thought s4mething should be done �o p rotect those who had obtained a license and were operating legally, The City Attorney said he had not finished the repo�t at that time. Council- man Breider said he had also been faced with the matter last we�k. He added, he also felt th��e was a dilemma. He suggest�d if there are some people who are s�lling cars in violation, there should be a letter sent to them informing them of the violatiqn and the conditians of the ordinance. He said he would first like to get an opinion from the City Attorney, Mr. Schmedeke said he thought the City should watch some of this action. He sald h� would riat like ta point a finger, but he could show the Council twelve who are tn yjolation. The C�ty Attorney said he was sure th�re are people in violati4n, but the � ordinance was not intended to prohibit people from setling their own cars. He said ifi a man is finished wlth his car, and wanted to sell it there would be n4 way the City could stop him from doing so. , Mr: Schmed�k�+ said there are a lot Qf dealers who had abided by the law and �btain�d tha n�cessary license, �� �_ _� , 0 REGULAR CQUNCIL MEETING QF MARCH 19, 1�73 PAG� 32 � � III Coun�ilman utt�r �z�id th�re had been another complaint, and when it �.�as checked, the man was selling hi� qwn car. He added a point of information that it is �lleg�l to drive a car with a for sale sign displayed in it. He said he was aw�r� of one jndivldual wh4 was selling cars zhat did have a state license, but nA �ity li�ense, Mr. Schmedek� said if an individual lives in another town, he had better be op�r'ating firom khis 1ot. Fle added, he had been asked to speak to the Council to try tv get �ome �ctivn. GQUnc�ilman Utt�r sajd he had been checking on the matter, it just takes a 1 itzlc; tim�, Mr, $chmedek� thanked the Gouncil for their consideration. Mayqr Li�b� �aid Me belieyed the ordinance should be tested� COMMUNICAT�QN - SAMPLE LETTER PREPARED BY JOHN MULLIN. BARTON-ASHMAN ASSOCIATES, ��,�, 1�321 UNIVERSITY AVENUE. ST. PAUL. SUGGESTING TO BE SUBMITTED TO RAY LAPP�GAARD, Cf,�,MMISS IONER OF H IGHWAYS REGARD ING MISS ISS I PPI UNDERPASS : MpT'ION by Gouncilman Utter tv receiye the communication, approye the sample letter, a�d autharize its being sent� Seconded by Councilman Breider, Upon � voiCE v4te, all voting ay�, Mayor Liebl declared the rrqXion �arried unani- mously. AQ�,O U N �„T : M0�'IQN by Gaunci�man Sreider tc� adjaurn the meeting. Seconded by Councitman N�e�. Upon a vofce yote, all voting aye, Mayor Liebl deelared the Regular �caun�i 1 Meetinc� qf March 19, 1�73 adjourned at 12:0�+ a.m, . Re�p��tfu11Y Submitted� ��u.��� ��,��� P�tricta �ltis S+�er���ry to th�s Gl�y (;QUneil � Frank G, l.iebl, Mayor ' � , � � '