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10/15/1973 - 5514I � PATRICIA ELLIS COUNCIL SECRE7ARY PUBLIC HEARING MEETING OCTOBER 15, 1973 �I� ��i � ` FRIDLEY CITY �COUNCIL — PUBLIC HEARING - OCTOBER 15, 1973 — 7,30 P,M, �� ' LI„�.DGE OF ALLEG IANCE; Given � ROLL CALL: All present ' ' ' 1 APPROVAL OF MINUTES: Regular Meeting, September 1D, 1973 _ Adopted as amended, P, 22, Paragraph 7, "receive and concur". Public H"earing Meeting, September 17, 1973 - Adopted as amended, P. 13, paragraph 8, "receive and concur". Regular Meeting, September 24, 1973 - Adopted as submitted. ADOPTION OF AGENDA: Additions: Posting of North Park against hunting and Letter from Wa11 Corporation to Acting City Manager SECTION. 1 — Pt1BLIC HEARINGS ' Public Hearing on Rezoning Reauest ZOA #73-10 by Donald Babinski, to Rezone the Following: Lots l-6, Lot 9 and North 68' of Loi 20, Block 1, Central Avenue Addition � ' From C-2 and M-1, and Lots 10-14, Block l; Central Avenue Addition from C�1 and M-l. Generally Located at Central Avenue and 73rd Avenue, the Same Being 1290 73rd Ave. N.E. and Consideration of First Reading of an Or-dinance from Rezoning Reauest ZOA #73-10 by Bryant-Franklin Corp. and Consideration af Front Yard Setback Variance, from 100' to 70' for Bryant-Franklin Corp. (Tabled September 17, 1973) and Consideration of Plans to Construct an Office and j�Varehouse Building by Bryant-Franklin Corp.(Tabled October 1, 1973), ,, 1- 1 � Public Hearing ciosed. First reading adopted. Variance approved. Building permit approved with four stipulations of Building Standards and adding #5. if permit is issued before the second reading of the ordinance, the responsibility for any problems will be that of the developer. #6, wiih the understanding that there will be future assessment for streets, curbs and other improvements in the area and Bryant Franklin will assume the assessments. Letter from Mr. Brama received. � ' , _ . ' ' PUBLIC HEARING AGENDA PUBLIC HEARING (CONTINUED) PAGE 2 Public Hearing on a Rezoning Reauest #73-08, by North Suburban Hospital District to Rezone from R-1 to CR-1; or to Allaw a Clinic in an R-1 District with a Special Use Permit, SP #73-11 Generally Located at 500 Osborne Road N. E., and Receiving Letter from Chamber of Commerce in favor of Project „ 2- 2 M Public Hearing closed. Letters received from Unity Medical Center and Chamber of Commerce. Special Use Permit approved, stipalations of Planning Commission approved, amending #5 to read The North Suburban Hospital District agrees to work with the City to establish parkland in the area. Stipulations added: #15 that dust abatement proceedures to be followed during the construction and #16 garbage removal for the entire area be estab�ished. � SE�CT I OPd II -- OLD BUS�I �1ESS OLD BUSINESS: Consideration of Second Reading of an Ordinance ' Regulating the Parking o£ Certain.Commercial Vehicles Upon the Public Streets in Residential Districts and Prescribing Penalties £or the Violation Thereof, Amending Chapter 506 of the Fridley City Cod.e, � , � , , , , � , , � � � Tabled for clarification of Urban License proceedures. .' ' , � � � � 1—lA Consideration�of Second Reading of an Ordinance Adopting the Buaget for the Fiscal Year 1974, ��, 2- 2 A Ordinance #551 adopted, amending budge� by reducing reserve fund by $6,500 and adding this amount to the Park fund for tennis courts. � ' � � ' 1 ' PUBLIC HEARING AGENDA OLD.BUSINESS (Continued) PAGE 3 Consideration of Surveying Locke Lake to Extend Property into Lake with Cooperatzon of County 3_ 3 B (Tabled 9-24-73) � , . . , � � � . , � � � . . � . . � � , � . Referred to Planning Commission noting fees wiil be waived, Considerat3on of Parks and Recreation Commission Recommendation of Sep�ember 24,- 1973, Concerning Mini-Bikes (Tabled 10-1-73) , , � , � , , , � , � , � � � � � Council directed Paul Brown to contact Mr, Robert Schroer concerning his offer to make his property available for the use of Mini-Bikes and Snowrrtobi 1 es . 4-4� � Agreement with Islands�of Peace: City Attorney said details and exhibiis must be warked out. SECTION III-NEW BUSINESS , � , ' � NEW BUSINESS: Consideration of First Reading of Ordinance amending code - HOUSE MOVERS , , , , � � � , � , , � , � � , , 1 First reading adopted. Concerned persons to be notified that the permit amount may be changed on second reading. �onsideration of Approval of Final Plat P.S. #73�07, Innsbruck North Townhouse 3rd Addition, by Darrel A. Farr DeveZopment Corporation, Being a Replat of Outlot H, Innsbruck North Addition � � � � � � , , , , , , , � , � , � , 2 - 2 A Final Plat approved. � - . . PUBLIC HEARING AGENDA NEW BUSINESS (CONTINUED) PAGE 4 Receiving the Minutes of the Planning..Commisszon Meeting of September 26, 1973, , , � , , , � � � , � � � � � � 3 - 3 L Received. No action needed. �•� Receiving the l�linutes of the Planning Commission Meeting of October 3, 1973, , � � � , , � � , , � � , , , 4 - 4 R 1. John Doyle request for a real estate of�ice, 6305 East River �oad: Tabled until October 29, 1973. Mr. Doyle to determine if one of his employees would occupy the home. MINUTES RECEIVED. Estimates � � � , � , � � � � � � � � � � , � . � � . � , . . , 5 - 5 I Approved. Receiving the Minutes of the Chartex Commission Meeting of. September 18, 1973, , , , � , � , , � • � � , , , � , � , . , 6 - 6 $ Minutes received. Receiving the Minutes of the Fridley Human Relations Meeting of September 27, 1973 , , , � , , � , � , � , , . , . , 7 - 7 A Concurred with the action to establish a quorum at eight members, Minutes received. _ ' � PUBLTC HEARING AGENDA NEW BUSINESS (CONTINUED) PAGE 5 Receiving Status Report Regarding Compliance with Special Use Permit Agreement by Frank Gabrelcik� ,�,,,�� $ Received, Consideration of Naming Auditor for the Year 1973, ,�,,,� 9- 9 A George Hansen named Auditor. Consideration of a Request for Waiver of Sprinkling Reauirement by Barry Blower, Inc.� , , � , , � � � , � � � � , 10 - 10 B The requirement for 100% sprinkling system waived with the stipulations recommended by Mr. Roberi Aldric�, Deputy Fire Chief. Letters from Mr. Aldrich and Mr. Gauger, Barry Blower received. Consideration of Paying City Employee.Acting in � Supervisory Position the Salary of the Position (Request by Councilman Utter) , , , , , , , , , , , , , , , , , , , , , 11 - 11 A Motion to increase compensation died for lack of a second. PUBLIC HEARING AGENDA NEW.BUSINESS (CONTINUED) PAGE 6 Appointment: City Employee� , , � � � � , , , � � , � � � � 12 Curtis Dahlberg appointed Parks and Recreation Department Foreman. Consideration of Schedule for Council Meetings �,��,,� 13 in December Meetings scheduled for December lOth and 17th. Claims � � � � � � i � � � e � � � i � � � � � � � � � � � , , 14 Approved, Licenses � � � � , � � , , � , , , . , � � . � . � � � � � � . 15 - 15 A Approved. Councilman Starwalt requested a license schedule of fees. SECTION IV - COMMUNICATIOPlS 5chaol District #11: North Park, � � � � , � � � � � � � � � 1 Received. 0 0 PUBLIC HEARING AGENDA PAGE .7 Wall Corpora�ion: Request for discussion after completion of agenda items: Special meeting to determine feasibility of change of plans by Wall Corporation set for Wednesday, October 17, 1973,.6:00 p.m. Council to tour Egan project before this meeting. Request by Councilman Nee to have the administration prepare a history of the Harris Lake Estates. Mayor Liebl directed the Administration to prepare such a report. Request by Mr. Ronald Pollock, 5200 3rd St., for elimination of one way street and request for stop sign. City Engineer directed to notify Mr. Pollock when the answer to the request is answered by the State Highway Department. ADJOURN: 12:35 a.m. 0 � , . ' ' ' ' ' ' � ' , ' ' ' / � THE MINUTES OF THE PUBLIC HEARING MEETING OF TNE FRIDLEY CITY COUNCIL OF OCTOBER 15, 1973 � 7he Public Hearing Meeting of the Fridley City Council was called to order at 7:30 p.m., October 15, i973 by Mayor Liebl. PLEDGE OF RLLEGIANCE: Mayor Liebl led the Council and the audience in saying the Pledge of Allegiance to the Flag. ROLL CALL: MEMBERS PRESENT: MEMB�RS ABSENT: ADOPTION OF AGENDA: Councilman Starwalt, Mayor Liebl, Councilman Utter, Councilman Nee, and Councilman Breider. None. � Mayor Liebl said he would like to add the letter he had received from the Wall Corporation request9ng time for discussion. � Councilman Nee said he would like to add the consideration of posting North Park with "No Hunting" signs. Councitman Nee said he would also like to add the request for the administration to provide a complete history of the Harris Lake Estates to the Council. � Mayor Liebl directed the Acting City Manager/City Engineer to prepare a summary on the Harris Lake Estates including the minutes of the meetin9 and what has happened to this point. �"''•` • MOTION by Councilman Nee to adopt the agenda as amended. Seconded by Councilman B'r:ider. Upon a voice vote, all voting aye, Mayor Liebi declared the motion carried unanimously. ' � APPROVAL OF MINUTES: REGULAR COUNCIL MEETING OF SEPTEMBER l�, 1R73: i , I a , ' ' ' • � ' Mayor Liebl pointed out in the Communications section of the minutes, the item concerning the Nationai League of Cities appointment to a Committee and stated the item was received and it was his impression the Council had approved the appointment. He said it was the consensus of the Council to concur. Councilman Starwalt said the motion should read "receive and concur" with the appointment of Mayor Liebl to the Committee. Councilman Utter agreed saying this appointment should be approved and the Council should concur. Councilman Utter said the Council had approved the funding of the attendance of the Mayor and Councilman Breider at the Convention. Mayor Liebl�said he would only attend the Convention if this pleased the Council. MOTIQN to amend the minutes of September 10, 1973, to state the Council received the letter from ihe National League of Cities and concurred with the appointment of Mayor Liebl to the Municipal Government and Administration Committee made by Councilman Nee. Seconded by Councilman Utter. Upon a voice vote, all voting aye, Mayor Lieb1 declared the motion carried unanimous]y. MOTION by Councilman Starwa]t to adopt the Minutes of the September i0, 1973 Regular Council Meeting as amended on page 22. Seconded by Councilman utter. Upon a voice vote, all voting aye, Mayor Liebl declared the motion.carried unanimously. .� PUBLIC HEARTNG MEETING OF SEPTEMBER 17, 1973: MOTION by Councilman Utter to amend the minutes of the Puhlic Hearing meeting to state the Council received the ietter from the National League of Cities and concurred in the appointment of Councilman Breider to the Public Safety Committee. Seconded by Councilman Nee. llpon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimusly. � � l47 PUBLIC HEARING MEE7ING OF OCTOBER 15, 1973 PAGE 2 MOTI�N by Councilman Nee to adopt the minutes of the September 17, 1973 Public Hearing meeting of the City Council with the amendment on page 13. Seconded . by Councilman Utter. •Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. , � REGULAR COUNCIL MEETING OF SEPTEMBER 24, 1973: MOTION by Councilman Starwalt to adopt the minutes of the Regular Council Meeting of the Fridley City Council of September 24, 1973 as submitted. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. PUBLIC HEARINGS: PUBLIC HEARING ON REZONING REQl1EST ZOA #73-10 BY DONALD BABINSKI, 70 REZONE 7HE F i r r• I(1TC �_F i n-r a Nn n a u� G I(1T �n R nrG 7 ('FNTRaI I/FNIIF � AND CONSIDERATION OF FIRST READING OF AN ORDINANCE fROM REZONING REQUEST ZOA #73-10, $�' Bfi�AN�FRANKLIN CORPOR��ION: AND ' CONSIDERATION OF FRONT YARD SETBACK VARIANCE, FROM 100' TO 70' FOR BRYANT-FRANKLIN C RPORATI N: T BLED OC70QER 1, 1973 : AND � CONSIDERATION OF PLAiVS TO CONSTRUCT AN OFFICE AND WAREHOUSE BUILDING BY BRYANT- R NKLIN CORPORATIflN TABLED OCTOBER 1, 1 73 : MOTION by Councilman Utter to waive the reading of the Public Hearing Notice. Seconded by Councilman Starwalt. Upon a voice vote, all voting aye, Mayor Liebl declared the Public Hearing opened at 7:42 p.m. � �_ .. ••v;.- . Mr. Dick Brama, Bryant-Franklin addressed the Council indicating he would like to speak in favor �f the requests. The City Engineer said the Planning Commission had recommended approval of the requests and there had been no objections by the Company to the requirements suggested by the Planning Commission. Mayor Liebl listed the subcommities that had reviewed the matter and stated the Building Standards-Design Control Subcommittee, Board of Appeals and Planning. Comrnission had recomnended approval of the requests. Mayor Liebl inquired if there was anyone present.who objected to the approval of the requests and there was no response. MOTION by Councilman Starwalt to close the Public Hearing. Seconded by Councilman Nee. lfpon a voice vote, all boting aye, Mayor Liebl declared the Public Hearing closed a:t 7:44. • MOTION by Councilman Starwalt to adopt the first reading of the Ordinance on the rezoning request ZOA #73-10 by Bryant-f'ranklin Corporation. Seconded by Councilman Nee. Upon a roll call vote, Liebl, UtCer, Nee, Breider, and Starwalt boting aye, Mayor Liebl declared the motion carried unanimously and the First Reading adopted. Mayor Liebl emphasized the Board of Appeals had recommended approval of the variance in the setback. Councilman Breider asked if there was a copy of the building plan and the City Engineer answered yes, and placed the plan on t}1e easel. The City Engineer pointed out that the City had been working with the applicant to imprbve the landscaping plans and there had been some additions and modifications to the building that would improve its appearance. He pointed out the various areas where changes and improvements had been made and indicated it woutd be a good looking building. � � ' . , ' r , ' , ' ' ' ' , S ' � ' ' � ' ' ' .• PUBLIC HEARING MEETTNG OF OCTOBER 15, 1973 PAGE 3 7he City Engineer explained that the applicant was not aware there would have to be a change in the zoning of the area and said this was evident in the various minutes. . Mayor Liebl reinterated to the Council that the applicant would like some indication on the approval of the matter enabling him to get his footings in before the frost. He added, if the Council would approve the requests, this would allow the app]icant to obtain a foundation permit. The City Engineer outlined, if this is done, there would be further requfrements. ' He suggested the Council stipulate if the permit is approved before the final adoption of the ordinance, the applicant should assume the responsibility for any liability, not the City. He indicated the applicant has agreed to comply with the revised plans. 1 Mayor Liebl said at the September 27, 1973 meeting of the Planning Commission, they had recommended approval of the request with four stipulations. He read the stipulations aloud to the Council and audience. Mr. Brama Stated all of the stipulations are agreeable with the Company. The City Engineer stressed the importance of stipulating if the permit is issued before the rezoning is final, � that all responsibility would rest on the developer. Ne outlined, he would also want the appl9cant to be aware of the potantial of a future roadway with improve- ments and the assessments for the same, � � ' , � ' CI ' 1_ ' ., � MOTION by Counciiman Starwalt to approve the request for the building permit with the four stipulations recommended by the Building Standards Design Control Subcommittee as foilows: 1. That a landscape plan be worked out with the Planning Department. 2. 7hat a drainage plan be worked out with the Engineering Department. 3. A colored elevation be drawn up and brought in for staff approval before going to Council. (Note: this was done and reviewed by Council} 4. Railing be provided on retaining wall if over three feet and screened. and that stipulation number five read as follows: 5. If the building permit is issued and construction started before the second reading of the ordinance or final rezoning, the developer wou�d assume the responsibility for liabil9ty or prbblems which may arise from any action. and that stipulation number six be added and read as follows: 6. It is understood there wiil be future assessments on the property and they will fall on Bryant-Frankiin Corporation. Seconded by Councilman Utter. Upon a voice vote, ail voting aye, Mayor Lieb7 declared the motion carried unanimously. . MOTION by Councilman Starwalt to concur with the recommendations of the Board of Appeals and approve the request for the variance from 100 to 70 feet for the side yard setback. Seconded by Councilman Utter, Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. . MOTION by Councilman Utter to receive the communication from Mr. Brama dated September ]7, ]973, and submitted to the Council on page 1-K of the agenda. � Seconded by Councilman Starwalt. Upon a voice vote, all voting aye, Mayor liebl declared the motion carried unanim�usly. IC HEARING ON A REZONING REQUEST �73-08, BY NORTN SUSURBAN HOSPITAL DISTRICT EZONE FROM R-1 TO CR-1, OR TO ALLO'�J A CLINIC IN AN R-1 DIS7RICT WITH A SPECI AND RECEIVING A LETTER FROM THE CHAMBER OF COMMERCE IN FAVOR OF PROJECT: MOTION by Councilman Breider to waive the reading of the Public Hearing Notice - . 149 PUBLIC HEARING MEETING OF OCTOBER 15; 1973 PAGE 4 and open the Public Hearing. Seconded by Councilman Starwalt. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously and the Chairman declared the Public Hearing opened at 7:59 p.m. The City Engineer referred to the various minutes concerning the item and said it had been reviewed by the Planning Commission on September 26, 1973 and their recommendation was to not rezone, but to issue a special use permit. He outlined the intent of the motion of the Planning Commission was to allow the construction of the building and use the northerly three of the eleven acres of property owned by the North Suburban Hospital District with 14 stipulations. He advised the Council that the staff and the Commission feel this would provide the facility and also give good protection to the people of the neighborhood. The Council then discussed the stipulations. May�r Liebl inquired if any traffic would be put on Lyric Lane. The City Engineer replied explaining 76th is a public road, but would not be opened at the present time, The City Engineer defined the plan stating there would be no additional traffic on Lyric Lane, and no traff�c would be directed to 5th Street. He reminded the Council that in the case of a special use permit the stipulations would be placed on the permit and this permit would not be effective until the stipulations ` have been complied with. Mayor Liebl pointed out there would be an emergency entrance, and the City Engineer further explained that there had been one additional entrance on the plan, but this had been deleted. He pointed out the planned'route of traffic access stating the traffic would be directed ai^ound the facility to Osborne Road. Mayor Liebl asked the City Engineer to advise the Council if this would be feasible and practica7 and the City Engineer said it would be. The City Engineer commented on the seventh stipulation dealing with the buffer zone of 50 feet along 75th, Lyric and 5th Street which shall consist of a berm and piantings t� screen the parking lots from the residential areas. The eight stipulation requires the applicant to supply a legal description of the property within the eleven�acre tract and describing the three acre parcel. Stipulation number nine according to the City Engineer would require the applicant to forf eit access to 75th and 5th 5treet. He referred to the tenth stipulation indicating this would require the applicant to notify the City if there is to be any removal of the trees in the area and the City would work with the app1icant to save as many trees as possible in the area. The City Engineer continued with stipulation number eleven that any future parking areas be provided with a berm or screening.from the adjoining R-1 areas presently occupied by single family homes, He explained the people would be laoking at the building, not cars. The City Engineer said stipulation number 12 would require the applicant to install the'parking lots 125 feet from the 5th Street right-of-way. The City Engineer said the next stipulation would require the doctors' group to maintain the unused portion of the three acre tract. The last stipulation as recommended by the Planning Commission would limit the use of�the medical building to those occupations and uses as stated in a letter from the Unity Medi�cal Center of September 6, 1973 which states that th;s building shall be limited to health professionals and lists many of the uses, but not limiting the medical uses to those mentioned. Mayor Liebl said this limitation would restrict the uses to medical only, and he mentioned the intent of the stipulations to protect the City. He questioned the City Engineer if these would provide protection to the City, and the City Engineer said yes. Mr. John Haynes, Administrator, Unity Hospital, said it is necessary to install such a facility for the efficiency of the doctors at the Hospital. He said the State laws have made it necessary for the Hospital District to do anything necessary to take rare oi the health of the area. Ne indicated this would include the building of offices. Mr. Haynes referred to the original plans of the Hospital District buiiding the building, but thought it would work out better if the doctors would do the actual construction. He pointed out how this would be better for the doctors, the hospital and also, this facility would be taxable under these conditions. He listed other assets stressing the area is in need of this type of facility, and many doctors would move into the community that this type of facility would serve. � I � ' ' � , u ' 1 r�o � , , PUBLIC HEARING MEETING OF OCTOBER 15, 1973 PAGE 5 He illustrated one of the favorable factors to be, the savings 9n travel time for the doctors and also the people of the conununity. He pointed out that 17 doctors had made their homes in Fridley since the construction of the Hospital, and this number would increase with the installation of the medical office facility for specialists. � MOTION by Counci7man Breider to receive the letter from Mr. Edward Dunn, Chamber of Commerce, in support of the medical facility dated October 12, 1973, and also the letter from the Unity Medical Center poctors daied September 6, 1973. Seconded by Councilman Starwalt. Upon a voice vote, all voting aye, Mayo r L�ebl declared the motion carried unanimously. Cli � C' � , � �l �I , � ' � ' Councilman Nee asked if the facilility would be limited if there would be only be three stor�es. Mr. Haynes said if there is a need, a second tower would be considered, but the Medical Center poctors would had planned the construction to be shorter than the Hospital. The City Engineer summarized, this would only be the first stage and there is a poi;entia7 to double the building.. Councilman Nee said he did not think the 7imitation was needed, and thought the Center could 6e as high as the Hospital. Councilman Nee be]ieved this wou•ld be a good addition to the area and he was anxious to see it constructed. Dr. J. L Harty, Pathologist at tlnity Hospital, addressed the Gounci] and said he was one of ihe doctors invoived in the construction of the Center. He made reference to the stipulation on the height of the proposed construction stating, the restr9ction had come about since the first request was for rezoning to commercia7 and this was a requirement�within the commercial zoning ordinances. He thouglit the doctors could live with this stipulation, and had planned to make any additions horizontal rather than vertical, but he did not know what would happen in 20 years. He expressed the opinion of the doctors inquiring if this stipulation could be de]eted, in the case future upward expansion is necessary. He outlined the present plan to be to on]y finish two floors leavin g the third an emp.ty shell for several years. A resident of the area asked if more parking 9s needed in the future, would the applicants have to come back to the Council for approval of this installation? Mayor Liebl said the setback will be established at 125 feet and a berm would be instailed to screen the .parking areas, and the applicant had agreed with this stipulation. MO?ION by Counciiman Breider to close the Public Neari.�g on rezoning and a special use permit. Seconded by Councilman Starwalt. Upon a�uoice vote, al] voting aye, Mayor Liebl declared the motion carried unanimously and the Public Nearing closed at 8:52 p.m, Mayor Liebl asked the City Attorney for his counsel on whether or not it would be in order to grant the special use permii at the present time. The City Attorney advised the Council this would be in order'. Councilman Breider questioned if with the stipulations, would the City be allowed controi of the situation. He said he would oppose the CR-1 rezoning. Councilman Breider indicated he would like a change in the fifth stipulation concerning the park land. He thought the stipulation should state that the North Suburban Nospital District agrees to work with the City to establish a park in the area. He stressed the other stipu]ation should be part of the requirements. Councilman 8reider said the stipulation concerning the height limitation should be a part of the requirements. Councilman Breider sa9d he would like tn add two other. stipulations, number fifteen; dust abatment proceedures be taken to keep the dust down during construction, and number sixteen, that the contractor be responsible for garbage removal of the overall area during the construction period by providing large containers for regular pick up. Mayor Liebl questioned if the stipulation concerning the limit of three stories would be satisfactory with the Council.- Mr. Haynes said the height limitation would have to be soived at the present time> because there would be no use in preparing the footings and elevators for one kind of construction when it is prohibited. He said at the present time, the plans call for the limitation of the construction to be three stories. Mayor Liebl said the construction had been planned to comply with the commercial zoning ordinance and Mr, Haynes said yes. 15f PUBLIC HEARING MEETING OF OCTOBER 15, 1973 PAGE 6 , Mayor Liebl commented, if the limitation is stipulated, the doctors wauld follow the plans through the construction of the foundation for the three level building. 7he City Attorney stated if the applicants decide they want to expand some time in the future, they will not expand upward and the footings will be planned for � only the three stories. Councilman Starwalt asked what would be the plan if the Council would delete this stipulation. Dr. Harty said the plans would have to be reviewed fibr the cost of the up�•lard expanding construction. MOiION by Councilman Breider to approve the Special Use Permit as requested by the Hospital with the following stipulations: . 1. An agreement between the North Suburban Hospital District and the group of doctors who will own the three acre tract, on the maintenance and use of the skya�alk, on the use of the parking lots and driveways, be drawn and recorded. 2. 3. 4. 5. The medical office building wi11 not exceed three stories above grade. The exterior of the building will conform aesthetically to Unity Hospital and be approved by the City Administration. If any additional water mains, sewers or storm sewers become necessary, ihe entire cost be borne by the North Suburban Hospital District and/or the owners of the medical building. The North Suburban Hospital District agrees to work with the City to establish a park in the area, 6. Proper signing be provided by the North Suburban Hospital District to • direct traffic to and from Osborne Road N. E. 7. Complete the 50 feet of buffer along 75th, Lyric, and 5th Street which shall consist of a berm and plantings to screen the parking lots from the residentia1 homes. 8, Provide a legal description of the three acre tract. 9. No traffic access to 5th Street or 76th Avenue N. E. 10. No tree removal without City approval: 11. Any future parking areas be provided with a berm or screening from the adjoining R-1 areas presently occupied by single family homes. 12. The parking lots to be 125 feet from the 5th Street right-of-way. 13. An agreement that the doctors` group will maintain the unused portion nf the �hree�acre tract. � 14. The medical building will be limited to occupation and uses as stated in a letter from the Unity Medical Center of September 6, 1973 which states that this b;�ilding shall be limited to health professional:; which vtill in�lude, but not limited to, physicians, dentists, oral surgeons, clinical psycho1ogists, psychiatric social workers and allied mental health personnel. Ancillary uses other than office space shall be limited to those commercial enterprises designed to serve the doctors and dentists and their personnel and patients. Such ancillary uses would include things such as a professional pharmacy, an optical company, possible a card and flower shop, and possibly at a later date, a coffee shop. • 15. Dust abatment proceedures be taken to keep the dust down during construction. 16. Contractor be responsible for garbage and waste removal on the overall area during the construction period by providing large containers that would be regularly emptied by pick up. Seconded by Councilman Utter. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously and the Special. Use Permit approved. ,� ; ' � �� 1 9 '� � � ' , ' ' � , ' ' , ' � � 152 ' . 1� PUBLIC HEARING MEETING Of OCTOBER 15, 1973 OLD BUSINESS: PAGE 7 ' CONSIDERA7ION OF SECOND READING OF AN ORDINANCE REGULATING THE PARKING OF CERTAIN , C MMERCIAL VEHICLES UPON THE PUaLIC STREE 5--��—IN RESIDENTIAL DISTRICTS AND PRESCRIB PEN LTIES FOR THE VIOL TION EREOF. MFNnTNr, ru pTCD Cnc n� Tii� r�r� � ... - -- t.i \.11 I I.UUC. - Councilman Utter questioned the suggested limitation of 13,000 pounds. Mayor liebl ' said Councilman Utter was not present when the praposed ordinance had been amended, and the Council concensus was 13,000. Mr. H. F, Lindblad, 160 Crown Road N. E., said some licenses do not clasify by , poundage, and are these vehicles to be allowed to park on the streets? Mayor Liebl believed if they were in excess of 13,000 pounds, they would be prohitited from parking on the streets. The City Attorney emphasized, the maximum would be ]3,000 and this would be the amount of weight permitted. He thought there may be some question on this point, but the ordinance had been suggested by the Poiice 1 Department, and 4�hether it be a Urban license or not, it must have a gross weight. Fie informed the Council that in other than an Urban license, the gross weight can be found on the license plat. ' , ' � L_� � � I�� ' � � MOTION by Councilman Breider to table the second reading of the ordinance to enable the City Rttorney to clarify the information on the urban license proceedures and bring the matter to the Council at their nexi meeting. Seconded b,y Councilman Starwalt. Upon a voice vote, all voting aye, Mayor Liehi declared the motion carried unanimously. The City Attorney indicated he would provide the necessary information at the nexi meeting. MR. JONN PAWIUK, 5931 3rd Street: Mr. Pawluk addressed the Council and said he had an item which fi� felt shoutd be discussed under Old Bussiness and he had sent a letter to the City Engineer concerning the item and thought it �should be on the agenda. Mr. Pawluk said he was concerned with the area in Hyde Park on 3rd Street, 59th and 60th, and the slip off from University Avenue to 3rd. He said from the slip off, the street is a one way, but many peopie do not use the roadway as a one way, they.do not pay any attention because this is such a short distance. Mr. Pawluk believed the current usage created a hazard to the people going north because there is no stop sign. Mr. Pawluk requested the street be returned to a two way street again, because the people living in the block have to travel around the entire block to get in front of their homes, The City Engineer acknotivledged receipt of Mr. Pawluck's letter and explained the City must have the permission from the Highway Department and a request had been made to the Highway Department for this to be done, He said the City is in agreement with the request from Mr. Pawluk and if the State would agree, this would be done. Mayor Liebl directed the City Engineer to write a letter to Mr. Pawluk when he had received word from the Highway.Department on the request. ORDINANCE #551 - ADOPTING THE BUDGET FQR 7HE FISCAL YEAR 1974: Councilman Bre'rder said he had one question, was there to be money budgeted for tennis courts in Madsen Park. The City Engineer said the money is provided in the reserve fund and this could be changed now or next year. Mayor Liebl said • when the money is needed, this could be changed. MOTION by Councilman Breider to amend the budget by reducing the reserve fund by $6,500 and adding this amount to the Park Fund for tennis c�urts in Madsen Park and that the Second reading of the budget orainance be adapted. Seconded by Councilman Starwalt. 7he Finance Director said this change would not effect the tax levy. UPON A ROLL CALL VO7E, Nee, Breider, Starwalt, Liebl, and Utter voting aye, Mayor Liebl declared the motion carried unanimousiy. • 153 PUBLIC HEARING MEETING OF OCTOBER 15, 1973 PAGE 8 CONSIDERATION OF SURVEYING LOCKE LAKE TO EXTEND PROPERTY INTO LAKE WI7H COOPERATION __C U TY TAB ED SEPTEh;BER 2 L 9 3: MOTION by Councilman Nee to refer the matter of the survey of Locke Lake to the Planning Commission for consideration with a notation that the fees be waived for the registered land survey. Seconded by Councilman Utter. Upon a voice vate, all voting aye, Mayor Liebl declared the motion carried unanimously, CONSIDERATION OF PARKS APJD RECREATION COf�iP1I5SI0N RECOMMENDATION OF SEPTEMBER 24, 73� , C�NCERNIi;G 1INI-BIKES 7 BLED OCT f3ER , 9 3: The City Engineer sumrnarized the recommendation of the Parks and Recreation Commission that no space be provided for the use of mini-bikes within the City of Fridley, on the Sears property or any other property, at this time. The City Engineer pointed out it would be the prerogative of the Council to either drop the matter on the recommendation of the Commission or to pursue it further. Councilman Utter addressed the Council and said he had talked with Mr. Robert 5chroer, and Mr. Schroer indicated he aaould be willing to cooperate with the City and provide his property for the use of mini-bikes and snowmobiles. MOTION by Councilman Utter to advise the Acting City Manager to direct Paul Brown, Director of Parks and Recreation, to contact Mr. Robert Schroer concerning the use of his property for mini-bikes and snowmobiles. Seconded by Councilman Starwalt. Counci9man Nee asked if the intent of the motion was to talk about the possibility or take action approving the usage. Mayor Liebl said this would allow for the consideration of the use. Councilman Breider expressed concern about the liability of such a usage and questioned if the City Attorney should be in contact with the property owner on this liability. The City Attorney said there had been some discussion releva�nt to this question by the Parks and Recreation Commission and a report on the suitability would have to be drawn up. Mrs. Lee Ann Sporre, 301 Ironton St. expressed cancern if this would create an open door situation for the use of North Park because the Schroer property abuts North Park. She questioned if North Park was to be open to snowmobiles again, stating there would be no reason io post the area against hunting if the snowmobiles were a1lowed, there would be no wild 7ife to hunt in the area. Mrs. Christine 0'Hara, 269 69th Avenue, addressed the Council and indicated she thought their area �•rould provide the southern access to the area if this area were to be used and open to motor vehicle traffic. She stressed if the City were to open any area, they should consider the accessability of that area, and whether this would magnify the problem. Mrs. 0'Hara said there had been a dirt road in the back of their home which has become a large boulevard which has been created by the vehicles being used in the area. She stressed the point of consideratic� by the Council on what type of protection are the area property owners receiving against the use. UPON A VOICE VOTE, all voting aye, Mayor Liebl declared the motion carried unanimously. Councilman Nee said he would like to see the Council reconsider the proposal of the Public Safety Director, Mr. Hill. He believed Mr. Hill's suggestion to be a little too seyere, but it would be something to work from. • Mayor Liebl suggested the Public Safety Director work up some sort of proposal and allow theCouncil to take it from there. QUESTION QN ThE ISLANDS OF PEACE AGREEMENT: - Mr. Ed Wilmes addressed the Council and asked if there was a question on the agreement being finalized for the Islands of Peace. The City Attorney said there had been a lack of communication, The preliminary agreement had been approved, but the final agreement was not yet complete. He said the policies of maintenance, and other matter have to be worked out. The City Attorney indicated it would be up to the Committee to work out the details and advise the City and prov�de the exhibits on the agreements, He explained, the details had not been taken care of. t54 ' PUBLIC HEARING MEETING OF OCTOBER 15, 1973 I NEW BUSINESS: , ' ' PAGE 9 CONSIDERATION OF FIRST READING OF ORDINANCE AMENDING CODE - HOUSE MOVERS: Mayor Liebl asked if the proposed ordinance was the City Attorney's proposal for the amendment to the ordinance. The City Attorney said yes, he wou]d advise the Council to proceed with the first reading. MOTION by Councilman Utter to adopt the first reading of the ordinance amending the license fees for house movers. Seconded by Councilman Breider. Upon a roll call vote, Utter, Nee, Breider, Starwalt, and Lieb1 voting aye, t�(ayor Liebl declared the motion carried unanimously, and the first reading adopted. • Councilman Starwalt said he believed there should be some additional input in the matter. Mayor Liebl advised the.adn7inistration to notify the house movers , and have them attend the meeting when the second reading is on the agenda. The City Engineer said he would notify the movers. Councilman Utter said he believed the permit fee should be at least $10. ' ' ' � II � � � CQNSIDERATION OF APPROVAL OF FINAL PLAT P. S. #73-07, INNSBRUCK NORTH TObJNNOUSE MOTION by Councilman Starwalt to approve the Final Plat as requested by Darrei A. Farr Development Corporation for Innsbruck Norih Tovmhouse 3rd Addition. Seconded by Councilman Utter. Upon a voice vote, a11 voting aye, Mayor Liebl dec]ared the motion carried unanimously. EIVING THE MINU7ES OF TNE PLAfdNING COMMTSSION 61EETING OF SEPTEMBER 26, 1973: The City Engineer advised the Council there were no items in the minutes which would need Council action. MOTION by Councilman Utter to receive the Minutes of the Planning Commission Pleeting of September 26, 1973. Seconded by Councilman Starwalt. Upon a voice vote, a7l voting aye, Mayor Liebl declared the motion carried unanimously: RECEIVING TNE MINUTES OF TNE PLANNING COMMISSIflN MEETING OF OCTOQER 3, 1973: JOHN DOYLE REQUEST FOR A REAL ESTATE OFFICE: 6305 EAS7,RTVER ROAD: Mayor Liebl read aloud the motion of recommendation from the Planning Commission manutes. ' Mayor Liebl referred to a recent matter in Crystal for a similar special use and said he had gone there and checked out the action on the matter. He said he thought the special use permit may be the correct method of allowing the use when the ordinance does not specifica7ly state standards of use. He read ' 'aloud the statement by Mr. Doyle's Attorney from the minutes of the meeting. This case concerned Ayllka vs. the City of Crystal, and the Section 45.191 of the City of Fridley Code, this view of establishing the discretion of the governing body as authority confirms this view. � � ' ' ' , Mayor Liebl said Mr. Doyle had been in contact withe the people of the area to obtain their input to the situation, he had tried to handle the matter properiy. Councilman Utter said the applicant is doing something improper, he is operating a business establishment in an R-1 area with.no special use permit and he does not live in the home. Councilman Nee agreed that the proposal would effect everyone in R-i, R-2, and R-3 districts in the City, if the zoning ordinance in the City were changed. He said it wouid be possible to establish a business anywhere in the City of Fridley with a special use permit, but he felt there would be no problem with 7ooking at what the City Attorney may recommend. He said he could see many problems if this were allowed. He suggested looking at the ordinance and making some judgement at that time. Councilman Utter said he couli see a Tawyers office.in the midst of Innsbruck North and an insurance agency in the River area. Councilman Nee said the ordinance would have to be defined specificaliy. PUBLIC HEARING MEETING OF OCTOBER 15, 1973 PAGE 10 l_55 The City Attorney said he thought this was using poor principles by making an example of only real estate and attorney's offices, anybody who had a profession could make application for such a permit. He pointed out to the Council when this would happen, the burden would be on the City, He stated the Zyllka case in Crystal would be a clear example of this type of burden, and it was determined the City did not make specific findings that this would be detrimental to the neighborhood. He referr2d to another example of a case in Bloomington where it was determined there were not spzcific facts.to support the findings. ' The City Attorney did not belived it would be a good step to adopt a generai policy. He recalled to the Council's attention the current case of the City of Fridley on a special use permit, the Metro 500 case. He mentioned another case, the Five Sand Apartments and said this had been settled by the land owner, or he felt the City would have lost this case. He said he was not aware of the proper solution for Mr. Doyle, and he would work on such an amendment to the ordinance, but he would not recommend it. Councilman Starwalt questioned P1r. Qoyle about the possibility of having one of his employees live in the house. Mr. Doyle said the home is not big enough as it is a very modest home. P1ayor Liebl questioned if the people would want to live in Fridley, Mr. Doyle said he could not ask people with large families to live in a small house. Fle stated he could not get his family and business into the facility, and everyone else that works for him has a family. . . Mr. Carson, Attorney for Mr. Doyle, addressed the Council and requested some time to research the possibi7ity of having one of the employees accupy the home, and in the meantime, would they have the Council's permission to operate as they are. Mayor Liebl asked if this would be possible. The City Attorney said it would not be legal, anyone might sign a complaint against this use. Councilman Utter said he did not know why the applicant has to be allowed 30 days when he has.been avoiding the question for six months already. MOTION by Councilman Nee to table the consideration for the request by Mr. John Doyle until the next rneeting, October 29, 1973,�for the purpose of allowing the applicant time to deternine if it would be feasible for one of his empleyees occupying the home. Seconded by Councilman Starwalt. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanifnously. MQTIO�� by Councilman Utter to receive the minutes of the Planning Commission Meeting of October 3, 1973. Seconded by Councilman Starwalt. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. ESTIMATES: Gibbs Advertising 8A68 Westwood Road N. E. Minneapolis, Minnesota 55432 Estimate dated June 10, 1973 Estimate dated July 18, 1973 Estimate.dated Sept. 15, 1973 for artwork at Fridley Liquor Store Mr. Carl Ne�,�quist Builders Exchange Building Minneapolis, Minnesota 55402 $450.00 466.00 312.00 For services rendered as prosecutor (dated 10/3/73) Progressive Contractors, Inc. Box 366 Osseo, Minnesota 55369 FINAL Estimate No. 1 for Street Improvement Pr�ject ST. 1972-1A, according to the contract $ 1,228.0� 1,�00.00 81,645.76 i5G ' � � , L_� ' � � , � � � . ' � ' ' ' � ' PUBLIC NEARING MEETING OF OCT06ER 15, 1973 Progressive Contractors, Inc. Box 368 Osseo, Minnesota 55369 PAR7IAL Estiniate #9 for Street Improvement Project ST. 1972-2 (MSAS) � PARTIAL Estimate #10 for Street Improvement Project ST. 1972-1 Bury & Carison, Inc. 6008 Wayzata Boulevard t4innespolis, Minnesota 55476 PARTIAL Estimate #7 for Street Improvement Project ST. 1973-2 PARTIAL Estimate #7 for Street Improvement Project ST. 1973-1 Comstock & Davis, Inc. 7446 County Road "J" . hiinnespolis, Minnesota 55432 'PARTIAL Estimate #5 for Sanitary Sewer .& Water Improvement Project No. 112 from Sept. 3 to Sept. 28, 1973 PARTIAL Estimate #7 for Street Improvement Project No. 1973-1 $ 2 from September 3 through 5eptember 28, 1973 , PARTIAL Estimate #1 for Street Tmprovement Project No. 1972-1A from Sept. 3 through Sept. 28, 1973 PARTIAL Estimate #8 for Water Improvement Project No. 11] from Sept. 3 through Sept. 28, 1973 PAGE 11 91,993.42 27,693.09 4,638.49 69,497.87 6]3.31 2,268.18 1,408.26 686.69 Councilman Starwalt cuestioned the estimate submitted by Gibbs Advertising. The City [ngineer/Acting City Manager said this had been authorized by the previous City Manager and iie had been acting under his authorization. ' I�QTION by Councilman Starwalt to delete the est9mate submitted by Gibbs Advertising. Mayor Liebl declared the MOTIOi4 DEAD FOR LACK OF A SECOND. MOTION by Councilman Breider to approve the estimates. Seconded by Councilman Nee. Councilman Nee said he believed this to be a reasonabie amount for the work done, and he had corrTpleted the work. htayor Lieb7 read the three estimates submitted by Gibbs Advertising a]oud to the Council. Councilman Nee said the man had called him and asked why he was unable to get his money. . • UPON A VOICE V07E, all voting aye, Mayor Liebl declaretl the motion carried unanimously. RECEIVING 7HE MINUTES OF THE CNARTER COMMISSION MEETING OF SEPTEMBER 18, 1973: MOTION by Councilman Breider to receive the minutes of the Charter Commission Meeting of September 18, 1973. Seconded by Counc9man RJee. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. RECEIVING 7HE MINUTES Of THE FRIOLEY HUMAN RELA7IONS MEETING Of SEPTEM�ER 27, 1973: Pi0TI0N by Councilman Nee to receive and concur with the minutes of the Fridley Human Relations Meeting of September 27, 1973 and note the quorum will be eight members. Seconded by Councilman Breider. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. 0 0 0 r :� : r'. j; `� 157 PUBLIC NEARING MEETING OF OCTOBER 15, 1973 PAGE12 The City Enginee'r asked which portion of the minutes were being concurred with, and indicated there had been a request that a secretary be furnished by the City for the meetings. The City Engineer said there is no money in the budget for this personnel at the meetings of the Committee. RECEIUING STATUS REPORT REGARdING COMPLIANCE WITH SPECIAL USE PERMIT AGREEh1ENT BY FRANK GABRELCKI: MOTION by C�uncilman Breider to receive the report on the Special Use Permit agreement with frank Gabrelcik. Seconded by Councilman Starwalt. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. CONSIDERATION OF NAMING AUDITOR FOR 7HE YEAR 1973: MOTION by Councilman Breider to name Mr. George Hansen Auditor for the fiscal year 1�7.3. Seconded by Councilman Nee. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. CONSIDERATION OF A REQUEST FOR WAIVER OF SPRTNKLING REQUIREMENT BY BARRY BL041ER, INC.: MOTION by Councilman Breider to waive the 100% sprinkling requiremeni as requested by Barry Blower with the stipulations that a fire service line be presently sized to be able to handle a complete sprinkler system, and an annual certification of occupancy inspection be required so that any change from the present layout would be recognized, and if further s�prinklers are required, they woiald be immediately installed. Seconded by Councilman Nee. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. MOTION by Councilman Breider to receive the letters from Mr. Robert D. Aldrich, Deputy Fire Chief, dated October 2, ]973 and from Mr. Gerhard M. Gauger, President, Barry Blower Company dated, October 2, 1973. Seconded by Councilman Nee. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. RECESS: Mayor Liebl called a ten minute recess at 10:34 p.m. RECONVENED: Mayor Liebl reconvened the meeting at 10:50 p.m. CONSIDERATION OF PAYING CITY EMPLOYEE AC7ING IN SUPERUTSORY POSITION THE SALARY OF THE POSITiQN REQUEST QY COUNCILMAN U7TER : MOTION by Councilman Utter to authorize the paying of City employees acting in supervisory capacities the pay of the position because they are taking on added responsibility by the position and should be reimbursed. Mayor Liebl said .the request would•be to pay Mr. Roy Scherer the Forman's pay. Councilman Utter said this would apply to Roy Scherer and other Department Neads who are in acting positions. . The Acting City Manager said this would create some problems, and this would be requested in the Police Department and the Public Works Department where this is done frequently. He said this should be done by special consideration by the Council only and not on a flat policy basis. Councilman Starwalt asked if one of the conditions of his employment at the Senior Man position would be to act in the absence of the Forman? Councilman Utter said more than one man is trained to take over the position. The Acting City Manager said there is only one Senior Man, Councilman Utter asked if the compensation of ; the Senior Man is higher than the Second P1an. The Administrative Assistant, Peter Herlofsky, said the Forman receives $3,014 per month, the senior man receives '$925 per month and the other three Operations and Maintenance Men receive $890 per or $35 per month less than the Senior Man. He added, one man in the department receives $855 per month, this would be $70 less than the senior man. Mayor li�bl asked for a second to the motion by Councilman Utter. Mayor Liebl.declared the MOTION DEAD FOR LACK OF A SECOND. ' ' ' `� ? t , ; � . ' , ' , � � � � ' , ' CJ _ . • ' � , � � ' �i � � �� ' �� a , , 158 PUBLIC HEARING MEETING OF OCTOBER 15, 1973 APPOINTMENT: CITY EMPLOYEE: NAME POSITION PAGE 13 SALARY EFFECTIVE REPIACES D TE Curtis Dahlberg Park Foreman, $974 October 29, Ralph 205 Rice Creek alvd. Park & Recreation per 1973 Volkman Fridley, Minnesota Department month MOTION by Councilman Utter to appoint Mr. Curtis Dahiberg as Park Foreman in the Park & Recreation Department to replace Mr. Ra1ph Volkman to be effective October 29, 1973. Seconded by Councilman Breider. Upon a voice vote, a71 voting aye, Mayor Liebl declared the motion carried unanimausly. CONSIDERATION OF SCHEDULE FOR COUNCIL hiEE7INGS IN DECEMBER: The Acting City Manager said the two members of the Counci7 will be in attendance at the National League of Cities Convention during the first week of December which would leave only three members available for the first meeting if it were to remain scheduled for December 3, 1973. He said there are a number of it2ms would need the consideration of the fu11 Council. Mayor Liebl suggested the Council have two meetings in the month of December to be scheduled for the lOth and 17th. Councilman Breider agreed stating the month of December is usually not as busy as other times of the year. MOTION by Councilman Utter to schedule the two meetings for December for the lOth and 17th and delete the December 3, 7973 meeting from the scheduied meetings. Seconded by Councilman Starwalt. Upon a voice vote, a17 voting aye, Mayor lieb] declared the motinn carried unanimously. CLAIMS: GENERAL 33397 - 33544 LIQUOR 8244 - 8295 MOTION by Councilman Starwalt to pay the claims. Seconded by Councilman Breider, Upon a voice vote, a11 voting aye, Mayor liebl declared the motion carried unanimously. LICENSES: GAS SERVICES: BY APPROVED BY P & H Services Company 2634 Dupont Avenue North Minneapolis, Minnesota 55411 Gerald Steffens W. Sandin GENERAL CONTRACTOR: W. R. Bauer Construction Company ' 1655 Stanbridge Avenue Roseville, Minnesota 55113 Walter Bauer C. Belisle T. M. Campion.Company . 2139 Lowry Avenue North Minneapolis, Minnesota 55411 T. Michael Carnpion C. Belis7e Rottlund Company Incorporated (Name Change from Castle 7613 Central Avenue N. E, Homes) Fridley, Minnesota David Rotter . C. Belisle NEATING: � Central Air Conditioning Company 790 South Cleveland Avenue St. Paul, Minnesota 55116 Robert B. Winston W. Sandin Equipment Supply Inc. ' 801 Curfew Street St. Paul, Minnesota 55114 David Hodgson W. Sandin � e � � � 0 PUBLIC HEARING MEETING OF OCTOBER 15, 1973 HEATING CONTINUED: Swenson Heating & Air Cond. 6700 W. Broadway Minneapolis, Minn. 55428 AUCTIONEER: Leon's Auction Service 7381 Central Avenue N. E. Fridley, Minnesota CIGARETTE: BY Douglas Swenson Leon Godeke 159 PAGE 14 APPROVED BY W. Sandin Public Safety Director FEE $10.00 two days Town Crier Pancake House 7730 University Avenue N. E. fridley, Minnesota Craig Vargo Public Safety Director $12.00 MOTION by Councilman Breider to approve the licenses including the Auction License by Leon's. Service. Seconded by Councilman Starwalt. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimous7y. POSTING OF PlORTH PARK WITH "�d0 HIfNTIfdG" 5IGNS: MOTION by Councilman Nee to authorize the Administration to po�t the North Park area with no hunting and trapping signs. Second�d by Councilman Breider. Upon a voice uote, a11 voting aye, Mayor Liebl declared the motion carried unanimously. COMMUNTCATIONS: INDEPENUENT SCHOOL DISTRICT #11: NORTH PARK: � MOTION by Councilman Breider to receive the letter from Mr. E. 0. Johnson, Anoka- Hennepin Independent School District No. 11 dated October 10, 1973, regarding _ . North Park. Secanded by Councilman Utter. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously.• WALL CORPORATIO� REQUES7 FOR TIME AT THE END Of THE AGENDA FOR DISCUSSION ON THE PROPOS,4L FOR DEVELOPMEPJ7 UF REIDEL PROPERTY: May�ir liebl read aloud the letter from Mr. Rudolph Dante, representative of the Wall Corporation, addressed to the Acting City Manager, Nasim Qureshi, regarding the request to have an informal discussion after the completion of the discussion of the items on the agenda. He said copies of the letter had been submitted to each of the members of the Council, and the City Attorney. Mayor Liebi asked the members of the Cauncil if it was their wish to adjourn the meeting for the discussion with the people from the Wall Corporation, or would they want the matter on record. Councilman Nee said there would be no reason not to have the discussion on record, and he would rather have it a matter of record. Mr. Fred Wall, Wall Corporation, addressed the Council and said the problem involved • the Reidel property which was adjacent to the Fridley Cit,� Hall. He stated never before had he put so much time and effort into a project to accomplish so little. • He recalled over the time planning for the construction, many times they thoughi of just walking away from the project, but felt they were so close to some formulation of tha project, they did not walk away. He said he thinks he should have waiked away in the very beginning. He said the matter had been jumping from pillar to post and they have not been able to do anything. Mr. Wall said he had talked with Mr. Qureshi recently and there seemed to be some question on where they were at. Ne added the Acting City (�tanayer had continued to refer to an agreement which �aould cover the construction of 106 apartments and some townhouses. He believed this agreement to be outdated, and said there had been many adaptations since this time and agreement. Mr. Wall continued saying with the amendments t� the project through redesigning it with the City, they had ended up with a project so expensive, they could not build it. He said originally the area was to contain townhouses which would have been for sale at , � o , 160 ' PUBIIC HEARING MEETING OF OCTOBER 15, 1973 PAGE �5 � about $38,000 to $40,000 or even $2,000 more at today's prices. Ne thought this was not a deluxe site in the City, it was nice but not deluxe or comparable to the Innsbruck North area, or the water front on the river. He said he would consider this area a tract development site, treeless and abutting City Hall. which is good, � but not attractive as a neighbor for deluxe housinq. He said these conditions would not a)�ow the developer to go on with the medium priced development of townhouses. � � � �I' � �� , ' � , L_J Mr. Wall explained Mr. Dante had come up with an idea to eliminate the apartments and construct an area of only iownhouses which would have rented for about $300 per month. Mr, 4Ja11 said he was reluctant to go a7ong w�th such an idea, but Mr. Dante showed him the Larson project which has a waiting list for rental at this price, and this was proof of the need for such an area. He said their proposal was to come up with something simi1ar, nicer and higher priced. He said by the time amendments to the plans were made, they would have to rent the units for $450 per month. Mr. Glall indicated with the stipulatian such as add9ng a recreational bu�]ding for from somewhere around $75,OOQ to $125,000, they were not able to get the project off the ground. He said they would be able to produce a project similar to that of the Rice Creek project with no gang garages, but with the use of the tuck under garages. He referred to a project t•rhich is in Eagan and said this would be their suggestion for the property and they would be able to stay within the catagory of $300 per month for rent. P1r. Wall said he would like to ask the Council if this would be acceptable with them and he would like a gentlemen's agreement before he would go ahead and close on the property. Mr. k�all pointed out the arnount for the land alone would be $200,000 and this would be alot of money to speculate with. P+Ir. wall said if this type of proposal is not satisfactory to the Council he would�ass on the acquisition of the property and there would be no problems. Counciiman Breider asked if the other members of the Council had seen the [agan site. Mayor Lieb7 said.he and the Acting City Manager had gone out and reviewed the area. Mr. Wall said both the Larson complex and the Eagan complex had been designed by Mr. Reese, and he believed Eagan was the more attractive project because of the tuck under garages. Councilman Breider said he thought there had been an agreement that the townhouses would rent for three years and then be sold. Mr. Wall said he too would like this type of arrangement, but there was a great demand for rental housing for famiiies. He expiained, there is no financing for sellable housing at the present time�and there is a great demand for rental housing. He said the developer would be able to finance the complete project if it were rental and if it would be residential property for sale, it would have to be a piece meal project being built as the committments for purchase were obtained. He added, this would take years to complete. Councilman Bre9der asked if there was some question on the agreement. Mr. Wall said there had been two agreements, one which had been signed and one that had not. He said those s�ipulations on the signed agreement would be produced, He said those stipulations on the signed agreement would be produced. He said he wouid be in agreement with the desire to not create rental housing, but they would all have to face reality. Councilman Breider asked if the Corporation would live up to the agreement to provide the facilities for the storm sewer. Mr. Wall said the only disagreement they would have wouid be to provide owner occupied housing. � Councilman Breider asked what would be the average cost of the�units. Mr. Wall said they would run from $28,000 to $30,000 per unit. He said the 155 unit project is far more than they had originaily planned to build. Ne sa.id there �s a fami7y market that wants spacious living, not carpeted apartments and these units would be 1,70Q square feet. � � Councilman Nee said he believed Mr. Wall was presently asking for a blank check and asked if there would be some indication of what the p1a n wouid be and how it would be different. r � The Acting City Manager said the Wall Corporation does not want to be tied to the stipulation that they must be owner occupied units. He said he wouirl.think thfs problem is a legal one. He said the agreement was that the developer wou]d build all rental units to be built in one season and as the market would allow, he would sell 161 PUBCdC HEARING MEETING OF OCTOQER 15, 1973 PAGE 16 the units. He said the City had allowed this rental for three years with a possible extension of two years. He said this is the big question on what he is trying to resalve between the City aind the developer. Mr. Wall said he did not believe the agreement as pointed out by the Acting City Manager could be enforced by the City, but � s is not what would bother him on entering into it. He said the project would need time to mature and they would be for sale immediately. Mr. Wall said he believed this to be a matter of conscience with him. He said he would not like an agreemtnt �,�here the City would not bother him if he did not bother the City. .He pointed out they had tried to plan something that would sell right away, but this is not the way it had worked out. Councilman Utter said this wouid be in an R-1 area. The Acting City Manager said the property wauld have to be rezoned, Mr. 4Ja11 said he did not think utilities like the water would have to have 155 hook ups, and 155 meters. He said it would be possible to have home owners in an associat- ion for the care of the grounds and the water would be needed for this care and could be disbursed at a central point with all paying an equal amount. Mr. Wall said he would not change anything that would not make the area unsellable. Mayor Liebl asked how much could be saved by this type of planning and installation. Mr. Dante addt�essed the Council and said some time ago, the project would have been about 3.6 million dollars and today it may rut� anywhere from 4, 4'z, or 5 million. He said if the price of.the overall meters was dropped and other items, the figure could again be in the 3.6 million catagory. Mr. Dante painted out, each single item would have its ramification and the figure had jumped over a million dollars. Councilman Nee asked if the walls ��ou1d have to be constructed in a different manner if they were to be sold at a later date. Nir. Dante said the building wou7d have to comply with the regulations of UBC. He said the site plan wauld be very ciose to the one being considered at the present time. He said there would be six unjts to a cluster and there wauld be a singTe rather than double garage. He added, the garages would be tuck under garages not gang garages. He said the complex would be similar to the project in Eagan and also the Larson complex, without the gang garages. He explained the units would be four feet smailer because of the single garages. Mayor Liebl summarized the events leading up to the present request by the developer and said now they are in the midst of a tight money market where the financing rate may be as high as 12%. He said with the inflation, the amou.nt had increased.. Maynr Liebl explained he did not know what could be done legally, but he hoped it would be feasible to get something worked out. He recalled the area people like the idea of townhouses better than the first proposal of apartments. Mayor Liebl pointed out the City would have an obligation to the area people with the installation of the storm sewer, and if the development is dropped at this time, the people will have to pick up the tab. Mr. Wall then described his proposal. 7here will be 155 units, the garages would be single rather than double, the units would be four feet smaller, but everything else would be the same. He said it is not in the cards to complete the deluxe plan. Mr. Wall added, there will be no recreation building, they could not afford to put this in now., He stressed, everything else would be the same with these exceptions. He explained, there are many homes in Frid1ey that do not have a swimming�pool and double garages. They would have to build units that would rent for $300 now and $336 in three years, or they would not meet the expenses, . Mayor liebl asked the City Attorney for his counsel. He asked if the City could ask the Corporation to sell the buildings in five years. The City Attorney said he did not like the arrangement, it would not 6e enforceable. He advised the Council that the ordinances prohibit renting property in the R-1 areas of Fridley. Councilman Nee said he agreed with the concept of the plan, but he could not agree to the single garages. The City Engineer said there would be a problem with the water and sewer, tie added, the v�alls would have to be constructed different in owner occupaed units than rental units. Ne said it would be up to the Council to determine if the units could be rented. Mr. Dante said the 5/8 wall board c�uld be added later if the units would be sold, The City Engineer indicated if this would be added later, � e � , � � � l � � � � � � � ; � '1 '� C _ __ � . 162 , ' � ' ' ' � . � ' • PUBLIC HEARING MEETING OF OCTOBER 15, 1973 PAGE 77 this would be a great expense, he said it would be more feasibie to install the right wall at the present time. Mr. Dante said paying this on a fi.ve year mortgage would be more expensive then construction five years do��m streain. Mr. Dante said he would be willing to take the members of the Council to the Eagan site and allow them to review the plan. Mr. Wall said they are currently reaching the end of a 30 day extension period and the owner of the property is going to cancel them out. Mr. Wall said he' was not asking for a binding agreement, he would buy the property if this was feasible. Mr. Dante asked the City Attorney if he would contact the Reidel Attorney and indicate the plans of the Council. The City Attorney said he would contact Mr. Peterson, but there would still be a risk with the legal considet�ations. He said if the client does not a�ant to agree to the plan, the attorney's oral agreement may not be binding. The City Attorney said he did not know what Mr. Peterson or his client were willing to do. Discussion followed determining the time and date of the tour of the Eagan complex and the setting of the special meeting. The Councilmen agreed on Wednesday, October 17, 1973, 6:00 p.m, for the Special Meeting to discuss the requests of the Wall Corporation.. ADJOURNPIENT: ' MOTION by Councilman Starwalt to adjourn the meeting. Seconded by Councilman Nee. Upon a voice vote, all votinq aye, Mayor Liebl declared the motion carried unanimously and the Public Hearing Meeting of the Fridley City Council of October 15, 1973 adjourned at 12:37 a.m. Respectfully submitted, , Patricia Ellis , Secretary to the City Council . � Date Approved � . � � . . . . ' I ' 1 � Frank G. Liebl, Mayor 0 � 0 � , FRIDLEY CITY C4UNCIL MEETZNG � � ' PLEASE SIGN NAME ADORESS ANQ ITEM NUMBER INTERESTED IN DATE: � , NAME ADDRESS IT�M NUMBER ;__=�____________________________________________________�_____=_=_�__�__��___�=__-_______=��_ S S,i� s+, N -r1 �'i') � `�(� _ � _. � o� oL � � �� r � � � ,�' � �� !�� r..�� /2a�� .� �� . �. s's� -s--� � ,� . ` 75�� -�' �� s.� �� (.� '1.. c�.�.c� .r� ,a.�:. � � ��1� �� '� �,�/��U � _ �%`G5%dt/� � t �� r-� -s��.�6 / s' 3 S� L�- i�c �.,� r1 � � �� .�� , . � �-a yrL a - a /�'1 �-a� �. w� Lro�`u,ce O.Q�ie.� �� e T �_c _.______ � �� ' ' ' ' � ' ' ' ' ' ' ' ' , ' ' 146 THE MINUTES OF THE Pl16LIC HEARING MEETING OF THE FRIDLEY CI7Y COUNCIL OF OCTOBER 15, 1973 The Public Hearing Meeting of the Fridley City Council was called to order at 7:30 p.m., October 15, ]973 by Mayor Liebl, PLEDGE OF ALLEGIANCE: Mayor Liebl 1ed the Council and the audience in saying the Pledge of Ailegiance to the Flag. ROLL CALL: MEMBERS PRESENT: MEMBERS ABSENT: ADOPTION OF AGENDA: Councilman Starwalt, Mayor Liebl, Councilman Utter, Councilman Nee, and Councilman Breider. None, Mayor Liebl said he would like to add the letter he had received from the Wa]1 Corporation requesting iime for discussion. Councilman Nee said he would like to add the consideration of posting North Park with "No Hunting" signs. Cauncilman Nee said he wou]d also like to add the request for the administration to provide a complete history of the Harris Lake Estates to the Council. Mayor Liebl directed the Acting City Manager/City Engineer to prepare.a summary on the Harris Lake Estates including the minutes of the meeting and what has happened to this point. MOTION by Councilman Nee to adopt the agenda as amended. Seconded by Councilman Br�ider. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. APPROVAL OF MINUTES: REGULAR COUNCIL MEETING OF SEPTEMBER 10, 1973: '' Mayor Liebl pointed out in the Communications section of the minutes, the item concerning the National League of Cities appointment to a Comm#ttee and ; stated the item was received and it was his impression the Council had approved , the appointment. He said it was the consensus of the Council to concur. Councilman Starwalt said the motion shouTd read "receive and concur" with the appointment of hlayor �iebl to the Committee. Councilman Utter agreed saying this appointment should be approved and the Council should concur. Councilman Utter said the Council had approved the funding of the attendance of the Mayor and Councilman Bre�der at the Convention. Mayor Liebl said he would only attend the Convention.if this pleased the Council. • MOTION to amend the minutes of September 10, i973, to state the Council received the letter from the National League of Cities and concurred with the appointment of Mayor Liebl to the Municipal Government and Administration Committee made by Gouncilman Nee. Seconded by Councilman Utter. Upon a voice vote, ali vating ' aye, Mayor Liebl declared the motion carried unanimously. s MOTION by Councilman Starwalt to adopt the Minutes of the September l0, 1973 Regular Council Meeting as amended on page 22. Seconded by Councilman utter. Upon a voice vote, all voting aye, Mayor Liebi declared the motion carried unanimously. � PUBLIC NEARING MEETING OF SEPTEMBER 17, 1973: MO7ION by Councilman Utter to amend the minutes of the Public Hearing meeting � to state the Council received the letter from the National League of Cities and concurred in the appointment of Councilman B�^eider to the Public Safety Comnittee. Seconded by Councilman Nee. Upon a voice vote, all voting aye, . Mayor Liebl declared the motion carried unanimusly. , _ _ �i _ �, � � �• • PUBLIC HEARING MEETING OF OC70BER 15, 1973 PAGE 3 The City Engineer explained that the applicant was not aware there would have to be a change in the zoning of the area and said this was evident in the various ' manutes. . Mayor Liebl reinterated to the Council that the applicant would like some indication on the approval of the matier enabling him to get his footings in before the frost. ' He added, if the Council would approve the requests, this wouid allow the applicant to obtain a fo�ndation permit. The City Engineer outlined, if this is done, there would be further requirements. ' , He suggested the, Council stipu7ate if the permit is approved before the final adoption of the ordinance, the applicant should assume the responsibility for any liability, not the City. He indicated the applicant has agreed to comply with the revised plans. � � ' ' I �I Mayor Ciebl said at the September 27, 1973 meeting of the Planning Commission, they had recommended approval of the request with four stipulations. He read the stipulations aloud to the Council and audience. Mr. Brama Stated all of the stipulations are agreeable with the Company. The City Engineer stressed the importance of stipulating if the permit is issued before the rezoning is final, that all responsibility would resi on the developer, Ne outlined, he would also want the applicant to be aware of the potQntial of a future roadway wiih improve- ments and the assessments for the same. MO7ION by Co�ncilman Starwalt to approve the requesi for the building permit with the four stipulations recommended by the.Building Standards Design Control Subcommittee as follows: l. 7hat a landscape plan be worked out with the Planning Department. 2. That a drainage plan be worked out with the Engineering Department. 3. A co]ored elevation be drawn up and brought in for staff approval before going to Council. (Note: this was done and reviewed by Councilj 4. Railing be provided on retaining wa11 if over three feet and screened. � and that stipulation number five read as follows: 5. If the building permit is issued and construction started before the second reading of the ordinance or final rezoning, the developer ' would assume the responsib97ity for liability or problems which may arise from any action, ' ' ' I� ' and that stipulation number six be added and read as follows: 6. It is understood there will be future assessments on the property and they will fall on Bryant-Franklin Corporation. Seconded by Counci]man Utter. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. MOTION by Councilman Starwalt to concur with the recommendations of the Board of Appeals and approve the request for the variance from 100 to 70 feet for the side yard setback. Seconded by Councilman Utter. Upon a voice vote, all voting aye, Mayor.Liebl declared the.motion carried unanimousTy. • MOTION by Councilman Utter to receive the communication from Mr. Brama dated September 17, 1973, and submitted to the Council on page 1-K of the agenda, Seconded by Councilman Starwalt. Upon a voice vote, all votinq aye, Mayor Liebl declared the motion carried unanimously. - PUBLIC HEARING ON A REZONING REQUEST �73-08, BY NORTH SlJBURBAN HQSPITAL DISTRICT � AND RECEIVING A LETTER FROM THE CHAMBER OF COMMERCE IN FAVOR OF PROJECT: MOTION by Councilman Breider to waive the reading of the Pubiic Nearing Notice 0 i 149 PUBLIC HEARING MEETING OF OCTOBER 15, 1973 PA6E 4 and open the Putilic Hearing, Seconded by Councilman Starwalt. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously and the Chairman declared the Public Hearing opened at 7:59 p.m. The City Engineer referred to the various minutes concerrring the item and said it had been reviewed by the Planning Commission on September 25, 1973 and their recommendation was to not rezone, but to issue a special use permit. He outlined the intent of the motion of the Planning Commission was to allow the construction of the building and use the northerly three of the eleven acres of property owned by the North Suburban Hospiial District with 14 stipulations. Ne advised the Council that the staff and the Commission feel this would provide the facility and also give good protection to the people of the neighborhood, The Council then discussed the stipulations. Mayor Liebl inquired if any traffic would be put on Lyric Lane. The City Engineer replied explaining 76th is a public road, but would not be opened at the present time. The City Engineer defined the plan stating there would be no additional traffic on Lyric Lane, and no traffic would be directed to 5th Street. He reminded the Council that in the case of a special use permit the stipulations would be placed on the permit and this permit would not be effective until the stipulations have been complied with. Mayor Liebl pointed out there would be an emerqency entrance, and the City Engineer • further explained that there had been one additional entrance on the plan, but this had been deleted. Ne pointed out the planned route of traffic access stating the traffic would be directed around the facility to Osborne Road. Mayor Liebl asked ' the City Engineer to advise the Council if this would be feasible and practical and the City Engineer said it would be. The City Engineer commented on the seventh stipulation dealing with the buffer zone of 50 feet along 75th, Lyric and 5th Street which shall consist of a berm and plantings to screen the parking lots from the residential areas. The eight stipulation requires the applicant to supply a legal tlescription of the property within the eleven acre tract and describing the three acre parcel. Stipulation number nine according to the City Engineer would require the applicant to forfeit access to 75th and 5th Street. He referred to the tenth stipulation indicating this w�uld require the applicant to notify the City if there is to be � any removal of the trees in the area and the City would work with the applicant to save as many trees as possible in the area. The City Engineer continued with stipulation number eleven that any future parking areas be provided with a berm or screening from the adjoining R-1 areas presently occupied by single family homes. He explained the people would be looking at the building, not cars. The City Engineer.said stipulation number 12 would require the applicant to instali the��parking lots 125 feet from the 5th Street right-of-way. The City Engineer said the next stipulation would require_the doctors' group to maintain the unused portion of the three acre tract. The last stipulation as recommended by the Planning Commission would limit the use of the medical building to those occupations and uses as stated in a letter from the Unity Medical Center of September 6, 1973 which states that this building , shall be limited to health professionals and lists many of the uses, but not limiting the medical uses to those mentioned, Mayor Liebl said this limitation would restrict the uses �o medical only, and he mentioned the intent of the stipulations to protect the City. He questioned the City Engineer if these would provide protection to the City, and the City Engineer said yes. Mr. John Haynes, Administrator, Unity Hospital, said it is neeessary to install such a facility for the efficiency of the doctors at the Hospital. He said the State laws have made it necessary for the Hospital District to do anything necessary to take a re of the hea]th of the area. � He indicated this would include the building of offices. Mr. Haynes referred to the original p1ans of the Hospital District building the building, but thought it would work out better if the doctors would do the actual construction. Ne pointed out how this would be better for the doctors, the hospital and also, this facility would be taxable under these conditions. He listed other assets stressing the area is in need of this type of facility, and many doctors would move into the community that this type of facility wauld serve. I '� � '� '!� .� ' � ; 1 ' � � '� , i s �' , ' ' , � � ' � , , , ' LJ 150 � , ' ' � � ' , . ' ' ' PUBLIC HEARING MEETING OF OCTOBER 15, 1973 PAGE 5 He illustrated one of the favorab]e factors to be, the savings in travel time for the doctors and also the people of the community. He pointed out that 17 doctors had made their homes in Fridley since the construction of the Hospitai, and this number would increase with the insta]lation of the med9cal office facility for specialists. MOTION by Councilman Breider to receive the letter from Mr. Edward Dunn, Chamber of Commerce, in support of the medical facility dated October �2, 1973, and a7so the letter from the Unity Medical Center poctors dated September 6, 1973. Seconded by Councilman Starwalt. Upon a voice vote, all voting aye, Mayo r Liebl declared the moiion carried unanimously. Councilman Nee asked if the facili]ity would be 19mited if there would be only be three stories. Mr. Haynes said if there is a need, a second tower would be considered, but the Medical Center poctors would had planned the construction to be shorter than the Hospita7. The City Engineer summarized, this would only be the first stage and there is a potential to double the building. Councilman Nee said he did not think the limitation was needed, and thought the Center could be as high as the Nospitai. Councilman Nee believed th9s would be a good addition to the area and he was anxious to see it constructed. Dr. J. L Narty, Pathologist at Unity Hospital, addressed the Council and said he was one of the doctors involved in the construction of the Center. He made reference to the stipulation on the height of the proposed construction stating, the restriction had come about since the first request N�as for rezoning to commercial and this was a requirement within the cor�mercial zoning ordinances. He thought the doctors could live with this stipulation, and had planned to make any additions horizontal rather than vertical, but he did not know what wou]d happen in 20 years. He expressed the opinion of the doctors inquiring if this stipulation could be de7eted, in the case future upiaard expans9on is necessary. He outlined the present plan to be to only finish two floors leavin g the third an empty shell for several years. A resident of the area asked if more parking 9s needed in the future, would the applicants have to come back to the Council for approval of this installati�n? Mayor Liebl said the setback wi�l be established at 125 feet and a berm would be installed to screen the parking areas, and the applicant had agreed with this stipulation. MOTION by Counciiman Breider to close the Public Hearing on rezoning and a special use permit. Seconded by Councilman Starwalt. Upon a voice vote, all voting aye,. Mayor Liebl declared the motion carried unanimously and.the Public Hearing closed at 8:52 p.m. Mayor Liebl asked the City Attorney for his counsel on whether or not it would be in order to grant the special use permit at the present time. The City Attorney ' advised the Council this would be in order. Councilman Breider questioned if with the stipulat9ons, would the City be allowed control of the situation. He said he would oppose the CR-1 rezoning. ' Councilman Breider indicated he would ]ike a change in the fifth stipulation concerning the park land. Ne ihought the stipulation should state that the North Suburban Nospita7 District agrees to work with ihe Ciiy to estabiish a park in the area. Ne stressed the other stipulation should be part of the requirements. CounciTman � Breider said the stipulation concerning the height 7imitation should be a part of the requirements. Councilman Breider said he would like to add two other stipulations, number fifteen; dust abatment proceedures be taken to keep the , , dust down during construction, and number sixteen, that the contractor be responsible for garbage removal of the overall area during the construction period by providing ' large containers for regular pick up. Mayor Liebl questioned if the stipulation concerning the limit of three stories would be satisfactory with the Council. � , � Mr. Haynes said the height limitation would have to be solved at the present time, because there would be no use in preparing the footings and elevators for •one kind of construction when it is prohibited. He said at the present time, the plans cail for the limitation of the construction to be three stories. Mayor Lieb] said the construction had been planned to comply with the commercial zoning ordinance and Mr. Naynes said yes. l JI PUBLTC NEARING MEETING OF OCTOBER 15, 1973 PAGE 6 f Mayor Liebl commented, if the limitation is stipulated, the doctors would follow the plans through the construction of the foundation for the three level building. The City Attorney stated if the applicants decide they want to expand some time in the future, they will not expand upward and the footings will be planned for only the three stories. Councilman Starwalt asked what would be the plan if the Council would delete this stipulation. Dr. Harty said the plans would have to be reviewed for the cost of the upward expanding construction. MOTION by Counciiman Breider to approve the Special Use Permit as requested by tt�e Hospital with the following stipulations: 1. An agreement between the North Suburban Hospital District and the group of doctors who will own the three acre tract, on the maintenance and use of the skywalk, on the use of the parkinq lots and driveways, be drawn - and recorded. 2. The medical office building will not exceed three stories above grade. 3. The exterior of the building will conform aesthetically to Unity Hospital and be approved by the City Administration. 4. If any additional water mains, sewers or storm sewers become necessary, the entire cost be borne by the North Suburban Hospital District and/or the owners of the medical building. 5. The North Suburban Nospital Districi agrees to work with the City to establish a park in the area. 6. Proper signing be provided by the North Suburban Hospital District to � direct traffic to and from �sborne Road N. E. 7. Compleie the 50 feet of buffer along 75th, Lyric, and 5th Street which shall consist of a berm and plantings to screen the parking lots from the residential homes. 8. Provide a legal description of the three acre tract. 9. No traffic access to 5th Street or 76th Avenue N. E. lU. No tree removal without City approval. - 11. Any future parking areas be provided with a berm or screening from the adjoining R-1 areas presently occupied by single family homes. 12. The parking lots to be 125 feet from the 5th Street right-of-way. 13. An agreement that the doctors' group will maintain the unused portion of the three acre tract. � 14. 15. The medical building wi11 be limited to occupation and uses as stated in a letter from the Unity P1edical Center of September 6, 1973 which states that this building shall be limited to health professionals which will include, but not limited to, physicians, dentists, oral surgeons, clinical psychologists, psychiatric social workers and allied mental health personnel. Ancillary uses other than office space shall be limited to those commercial enterprises designed to serve the doctors and dentists and their personnel and patients. Such ancillary uses would include things such as a professional pharmacy, an optical company, possible a card and flower shop, and possib1y at a later date, a coffee shop. Dust abatment proceedures be taken to keep the dust down during construction. 16. Contractor be responsible for garbage and waste removal on the overa}} area during the construction period by providing large containers that wou1d be regularly emptied by pick up. Seconded by Cauncilman Utter. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously and the Special Use Permit approved. � ;� ^ �3 � , s � � � t � ' ,� I� J � 152 � PUSLIC HEARING M�ETING QF OCTOBER i5 19 , 73 ' � ' PAGE 7 OLQ BUSINESS: CONSIDERA7ION OF SECOND READING OF AN ORDINANCE REGULATING THE PARKIh'G OF CER7AIN COMMERCIAI VFNiri Fc ��Dnni rur n��i ,,. � �.. .. _.. .._ _ —_ _ PENALTIES FOR THE VIOLATION EREOF,v t�1ENDING�� P1ER�5G6`OFiTHE1FRID�EY CTEYCCO�ING Councilman Utter questioned the suggested limitation of 13,000 pounds. Mayor Liebl said Councilman Utter was not present ��hen the proposed ordinance had been amended, and the Council concensus was 13,000, Mr. H. F. Lindblad, 160 Crown Road N, E., said some licenses do not clasify by , , poundage, and ar.e these vehicles to be allowed to park on the streets? Mayor Liebl believed if they were in excess of 13,000 pounds, they would be prohitited from parking on the streets. The City Attorney emphasized, the maximum wouid be 13,000 and this would be ti�e amount of weight permitted. He thought there may be some question on this point, but the ordinance had been suggested by the Po7ice ' Department, and whether it be a Urban license or not, it must have a gro.ss weight, He informed the Council that in other tiian an Urban license,.the gross weight can be found on the license plat. ' ' ' I � LJ t , ' ' ' ' ' MOTION by Councilman Breider to tabie the second reading of the ordinance to enable the City Attorney to clarify the information on the urban license proceedures and bring the matter to the Council at their next meeting. Seconded by Councilman Starwalt. lJpon a voice vote, a11 voting aye, Mayor Liebl declared the motion carried unanimously. The City Attorney indicated he would provide the necessary information at the next meeting. MR. JOHN PAWLUK, 5931 3rd Street: Mr. Pawluk addressed the CounciT and said he had an item which he felt should be discussed under Old Bussiness and he had sent a letter to the City Engineer concerning the item and thought it should be on the agenda, Mr. Pawluk said he was concerned w9th the area in Hyde Park on 3rd Street, 59th and 60th, and the slip off from University Avenue to 3rd. Ne said from the slip off, the street is a one way, but many people do not use the roadway as a one way, they do not pay any attention because this is such a short distance. Mr, Pawluk believed the current usage created a hazard to the people going north because there is no stop sign. Mr. Pawluk t^equested the street be returned to a two way street again, because the people living in the biock have to travel around the entire biock to get in front of their homes, The City Engineer acknowiedged receipt of Mr. Pawluck's letter and explained the City must have the permission from the Highway bepartment and a request had been mada to the Highway Department for this to be done, He said the City is in agreement with the request fro�r Mr. Pawluk and if the State would agree, this would be done. Mayor L9eb] directed the City Engineer to write a letter to Mr. Pawluk vrhen he had received word from the Highway Department on the request. ORDINANCE #551 - ADOPTING THE BUDGET FOR 7NE FISCAL YEAR 1974; Cpuncilman Breider said he•had one question, was there to be money budgeted for iennis courts in Madsen Park, The City Engineer said the money is provided in the reserve fund and this could be changed now or next year. Mayor Liebl said when the money is needed, this could be changed. M07ION by Councilman Breider to amend the budget by reducing the reserve fund by $6,500 and adding this amount to the Park Fund for tennis courts in Madsen Park and that the Second reading of the budget orainance be adopted. Seconded by Councilman Starwalt. The Finance Director said this change would not effect the tax 1evy. UPON A ROLL CALL VOTE, Nee, Breider, Starwalt, L9eb1, a»d Utter voting aye, Mayor Liebi declared the motion carried unanimously. 153 PUSLIC NEARING MEETING OF OCTOBER 15, 1973 PAGE 8 CONSIDERATION OF SURVEYING LOCKE LAY.E 70 EX7END PROPERTY INTO LAKE WTTH COOPERATION F C TY TAB ED SEPTEMBER 2, 73 : MOTION by Councilman Nee to refer the matter of the survey of Locke Lake to the Plann3ng Commission for consideration with a notation that ihe fees be waived for the registered land survey. Seconded by Councilman Utter. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. CONSIDERATION �F PARKS AND RECREATION CO��MISSION RECOMMENDATION OF SEPTEMBER 24, ?31� , CONCEkNING INI-QIKES TA LE OCTOBER l, 9 3: The City Engineer summarized the recommendation of the Parks and Recreation � Cormnission that no space be provided for the use of mini-bikes within the City of Fridley, on the Sears property or any other property, at this time. The City Engineer pointed out it would be the prerogative of the Council to either drop the matter on the recommendation of the Commission or to pu rsue it further. Councilman Utter addressed the Council and said he had talked with Mr. Robert Schroer, and P1r. Schroer indicated he tivould be wiiling to cooperate with the City and provide his property for the use of mini-bikes and snowmobiles. MOTION by Councilman Utter to advise the Acting City Manager to direct Paul Brown, Director of Parks and Recreation, to contact Mr. Robert Schroer concerning the use of his property for mini-bikes and snowmobiles. Seconded by Councilman Starwalt. Councilman Nee asked if the intent of the motion was to talk about the possibility or take action approving the usage. Mayor Liebl said this would a11ow for the consideration of the use. Councilman Breider expressed concern about the liability af such a usage and questioned if the City Attorney should be in contact 4rith the property owner on this liability. 7he City Attorney said there had been some discussion releva�nt to this question by the Parks and Recreation Commission and a report on the suitability would have tb be drawn up. Mrs. Lee Ann Sporre, 301 Ironton St. expressed concern if this would create an open door situation for the use of North Park because the Schroer property abuts North Park. She questioned if North Park was to be open to snowmobiles again, stating there would be no reason to post the area against hunting if the snowmobiles were allowed, there would be no wild life to hunt in the area, Mrs. Christine 0'Hara, 269 69th Avenue, addressed the Council and indicated she thought their area would provfde the southern a�cess to the area if this area were to be used and open to motor vehicle traffic. She stressed if the City were to open any area, they should consider the accessability of that area, and whether this would magnify the problem. Mrs. 0'Hara said there had been a dirt road in the back of their home which has become a large boulevard which has been created by the vehicles being used in the area. She stressed the point of considera�ion by the Council on what type of protection are the area property owners receiving against the use. UPON A VOICE VOTE, all voting aye, Mayor Liebl declared the motion carried unanimously. Councilman Nee said he would like to see the Council reconsider the proposal of the Public Safety Director, Mr. Nill. He believed Mr. Hill's suggestion to be a little too severe, but it would be something to work from. Mayor Liebl suggested the Public Safety Director work up some sort of proposal and allow theCouncil to take it from there. QUESTION ON THE 1SLANDS OF PEACE AGREEMENT: Mr. Ed Wilmes addressed the Council and asked if there was a question on the agreement being finalized for the Islands of Peace. The City Attorney said there had been a lack of communication. The preliminary agreement had been approved, but the final agreement was not yet complete. He said the policies of maintenance, and other matter have to be worked out. The City Attorney indicated_it would be up to the Committee to work out the details and advise the City and pravide the exhibits on the agree�nents. He explain.ed, the details had not been taken care of. 154 � � � ' � , � PUBLIC HEARTNG MEETING OF OCTdBER 15, 1973 NEW BUSINESS: PAGE 9 CONSIDERATION OF FIRST READI�G OF ORDINANCE AMENDING CODE - HOUSE MOVERS: Mayor Liebl asked if the proposed ordinance was the City Attorney's proposal for the amendment to the ordinance. The City Attorney said yes, he would advise the Council to proceed with the first reading. MQTION by Councilman Utter to adopt the first reading of the ordinance amending the license fees for house movers. Seconded by Councilman Breider. Upon a roll cal] vote, Utter, Nee, Breider, Starwait, and Liebl voting aye, Mayor Liebl deciared the motion carried unanimously, and the first reading adopted. Councilman Starwalt said he believed there should be some additional input in the matter. Mayor Lieb7 advised the administrat9an to notify the house movers and have them aitend ihe meeting when the second reading 9s on the agenda. The City Engineer said he would notify the movers, Councilman Utter said he believed the permit fee should be at least $10. '�' CONSIDERATION OF APPROVAL OF FINAL PLAT p. 5. #73-07, INNSBRUCK NORTH T04JNHOUSE 3RD A�DITT�PJ. RY �ARRFI A_ F RR fIFVF(f1PfdFNT C(iRPfiR TT(iN_ RFTN� A RFPIAT �F fl!!TI � � � � '`.J f_� MOTION by Councilman Starwalt to approve the Final Plat as requested by Darrel A. Farr Development Corporation for Innsbruck North Townhouse 3rd Addition. Seconded by Councilman Utter. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimous]y. RECEIVING THE MINUTES OF THE PLA�dNING COMMISSION MEETIfdG OF SEPTEMBER 26, 1973: The City Engineer advised the Council there were no items in the minutes which would need Council action. MOTION by Councilman Utter to receive the Minutes of the Planning Commission Meeting of September 26, 1973. Seconded by Councilman Starwalt. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. RECEIVING 7HE MINUTES OF TNE PLANNING COMMISSION MEETI�dG OF OCT06ER 3, 1973: �OHN DOYLE REQUEST FOR A REAL ESTATE OFFICE: 6305 EAST RIVER ROAD: Mayor Liebl read aloud the motion of recommendation from the Pianning Commission minutes. � Mayor Liebl referred to a recent matter in Crystal for a similar special use and said he had gone there and checked out the action on the matter. He said he thought the special use permit may be the correct method of allowing the � use when the ordinance does not specifically state standards of use. He read ' aloud the statement by Mr. Doyle's Attorney from the minutes of the meeting. This case concerned Ayllka vs. the City of Crystal,�and the Section 45.19i of the City of Fridley Code, this view of establishing the discretion of the governing body as autho�°ity confirms this v�ew. , II J ' � ' Mayor Liebl said Mr. Doy1e had been in contact withe the people of the area to obtain their input to the situation, he had tried to handle the matter properly. Cauncilman Utter said the applicant is doing something improper, he is operating a business establishment in an R-1 area with no special use permit and he does not live in the home. Councilman Nee agreed that the proposal would effect everyone in R-1, R-2, and a_3 districts in the City, if the zoning ordinance in the City were changed. Ne s aid it would be possible to establish a business anywhere in the City of Fridley with a special use permit, but he felt there would be no problem with looking at what the City Attorney may recommend. He said he could see many problems if this were allowed. He suggested looking at the ordinance and making some judgement at that time. Councilman.Utter said he coull see a lawyers office in the midst of Innsbruck North and an insurance agency in the River area. Councilman Nee said the ordinance would have to be defined specifically. PUBLIC NEARING MEETING OF OCTOBER 15, 1973 PAGE 10 1.55 The City Attorney said he thought this was using poor principles by making an example of only real estate and attorney's offices, anybody who had a profession could make application for such a permit. He pointed out t� the Council when this would happen, the burden would be on the City. He stated the Zyllka case in Crystal would be a clear example of this type of burden, and it was determined the City did not make specific findings that this would be detrimental to the neighborhood. He referred to another example of a case in Bloomington where it was determined there were not spzcific facts to support the findings. The City Attorney did not belived it would be a good step to adopt a general policy. He�recalled to the Council's attention the current case of the City of Fridley on a specia7 use permit, the Metro 500 case. He mentioned another case, the Five Sand Apartments and said this had been settled by the land owner, or he felt the City t,�ould have lost this case. He said he was not aware of the proper solution for P1r. Doyle, and he would work on such an amendment to the ordinance, but he would not recommend it. Councilman Starwalt questioned Mr. Doyle about the possi�bility of having one of his employees live in the house. Mr. Doyle said the home is not big enough as it is.a very modest home. Mayor Liebl questioned if the people would want to live in fridley, fdr. Doyle said he could not ask people with large families to live in a small house. He stated he could not get his family and business into the faci7ity, and everyone else that works for him has a family. , Mr. Carson, Atiorney for Mr. Doyle, addressed the Council and requested svme time to research the possibi]ity of having one of the e�nployees accupy the home, and in the meantime, would they have the Council's permission to operate as they are, Mayor Lieb1 asked if this would be possible. The City Attorney said it would not be legal, anyone might sign a complaint against this use. Councilman Utter said he did not knova why the applicant has to be al1owed 30 days when he has been avoiding the question for six months already. MOTION by Councilman Nee to table the consideration for the request by Mr. John Doyle until the riext meeting, October 29, 1973, for the purpose of allowing the applicant time to deternine if it arauld be feasible for one of his emplcyees occupying the home. Seconded by Councilman Starwalt. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. MOTIOC� by Councilman Utter to receive the minutes of the Planning Cammission Meeting of October 3, 1973. Seconded by Councilman Starwalt. Upon a voice vote, all voting aye, I�1ayor Liebl declared the motion carried unanimously. ESTIMATES: Gibbs Advertising 8468 Westwood Road N. E, Minneapolis, D1innesota 55432 Estimate dated June 10, 1973 Estimate dated July 18, 1973 Estimate dated Sept. 15, 1973 for artwork at Fridley Liquor Stcre � Mr. Carl Newquist Builders Exchange Building Minneapoiis, Minnesota 55402 $450.00 466.00 312.0� For services rendered as prosecutor (dated 10/3/73) Progressfve Contractors, Inc. Box 368 Osseo, Minnesota 55369 FINAL Estimate No. 1 for Street Improvement Prnject ST. 1972-1A, according to the cantract $ 1,228.00 1,100.00 81,645.76 , ' , � , , 156 � � . � ' ' � ' � � � � , , , ' � , PUBLIC HEARING MEETING OF OCTOBER 15, T973 Progressive Contractors, Inc. Box 368 Osseo, Minnesota 55369 PARTIAL Estimate #9 for Street Improvement Project ST. 1972-2 (MSAS) PARTIAL Estimate #10 for Street Improvement Project ST. 1972-1 Bury & Carlson, Inc. 6008 Wayzata Boulevard Minnespolis, Minnesota 55416 PARTIAL Estimate #7 for Streei Improvement Project ST, 1973-2 PARTIAL Estimate #7 for Street Improvement Project ST. 1973-i Comstock & Davis, Inc. 1446 County Road "J" Minnespolis, Minnesota 55432 � PARTIAL Estimate �5 for Sanitary Sewer & Water Tmprovement Project No. 172 from Sept. 3 to Sept. 28, 1973 PARTIAL Estimate #7 for Street Improvement Project No. 1973-i $ Z from September 3 through 5eptember 28, 1973 PAGE 11 91,993.42 27,643.09 4,638.49 69,497.81 b13.31 2,268.18 PARTIAL Estimate #1 for Street Improvement Project No. 1972-1A from Sept. 3 through Sept. 28, 1973 1,408.26 PARTIAL Estimate #8 for Water Tmprovement Project No. 111 from Sept. 3 throagh Sept. 28, 1973 686.69 Councilman Starwalt auestioned the estimate submitted by Gi.bbs Advertising. The City Engineer/Acting City Manager said this had been authorized by the . previous City Manager and he had been acting under his authorization. MOTION by Councilman Starwalt to delete the estimate submitted by Gibbs Advertising. t�1ayor Liebl declared the M07TOfV DEAD FOR LACK OF A SECOND. MOTION by Councilman Breider to approve the estimates. Seconded by Councilman Nee. Councilman Nee�said he believed this to be a reasonab]e amount for the work done, and he had completed the work. Mayor Liebl read the three estimates submitted by Gibbs Advertising aloud to the Council. Councilman Nee said the man had called him and asked why he was unab7e to get his money. UPON A VOICE VOTE, all voting aye, Mayor liebl declared the motion carried unanimously. RECEIVING THE MIPJUTES OF THE CiiARTER COMMISSION MEETING OF SEPTEMQER 78, 1973: MOTION by Councilman Breider to receive the minutes of the Charter Commission Meeting of September 18, 1973. Seconded by Counciman Nee. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimousiy, RECEIVING THE MINU7ES OF THE FRIDLEY HUMAN RELATIONS MEETING OF SEP7EMBER 27, 1973: MOTION by Councilman Nee to receive and concur with the minutes of the fridley Human Relations t�leeting of September 27, ]973 and note the quorum will be eight members. Secbnded by Councilman Breider. tlpon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. • ' . . A 157 PUBLIC HEARING MEETING OF OCTOBER 15, 1973 PAGE12 The City Engineer asked which portion of the minutes were being concurred with, and indicated there had been a request that a secretary be furnished by the City for .the meetings. The Cit,q Engineer said there is no money in the budget for this personnel at the meetings of the Committee. RECEIVING STATUS REPORT REGARDING COMPLIANCE WITN SPECIAL USE PERMIT AGREEMENT B F'RANK GAERELCKI: MOTION by Councilman Breider to receive the report on the Special Use Permit agreement with Frank Gabrelcik. Seconded by Councilman Starwalt, Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. CONSIOERATIQ;V OF NA��lING AUDITOR FOR THE YEAR 1973: MO7IQN by Councilman Breider to name Mr. George Hansen Auditor for the fiscal year 1973. Seconded by Councilman Nee. lfpon a voice vote, all voting aye, Mayor L-iebl declared the motian carried unanimously. CONSIDERATIO"J OF A REQUEST FOR WAIVER OF SPRINKLING REQUIREMEPdT BY BARRY BLOYJER,.INC.: MOTION by Councilman Sreider to waive the 100% sprinkling requirement as requested by Barry Slotider with the stipulations that a fire seruice line be presently sized to be able to handle a complete sprinkler system, and an annual certification of occupancy inspection be required so that any change from the present layout would be recognized, and if further sprinklers are required, they would be immediately installed. Seconded by Councilman Nee. Upon a voice vote, all voting aye, Mayor , Liebl declared the motion carried unanimously. MOTION by Councilman Breider to receive the letters from Mr. Robert D. Aldrich, Deputy Fire Chief, dated October 2, 1973 and from Mr. Gerhard M. Gauger, President, Barry Blower Company dated, October 2, 1973. Seconded by Councilman Nee. Upon a voice vote, all vating aye, h1ayor Liebl declared the motion carried unanimously. RECESS: Mayar Liebl called a ten minute recess at 10:34 p.m. RECONVENED: Mayor Liebl reconvened the meeting at 10:50 p.m. CON$IDERATIO"d OF PAYING CITY EMPLOYEE ACTING IN SUPERVISORY POSITION TNE SALARY OF THE POSITION RE UEST BY COUNCILMAN U7TER : MOTION by Councilman Utter to authorize the paying of City employees acting in supervisory capacities the pay of the position because they are taking on added responsibility by the position and should be reimbursed. Mayor Liebl said the request would be to pay Mr. Roy Scherer the �'orman's pay. Councilman Utter said this would apply to Roy Scherer and other Department Heads who are in acting positions. The Acting City Manager said this would create some problems, and this would be requested in the Police Department and the Public Works Department where this is done frequent�y. He said this should be done by special consideration by the Council only and not on a flat policy basis. Councilman Starwalt asked if one of the conditions of his employment at the Senior Man position would be to act in the absence of the Forman? Counci'man Utter said more than one man is trained to take over �he position. The Acting City Manager said there is only one Senior Man, Councilman Utter asked if• the compensation of the Senior Man is higher than the Second Man. The Administrative Assistant, Peter Herlofsky, said the Forman receives $1,014 per month, the senior man receives $925 per month and the other three Operations and Maintenance Men receive $890 per or $35 per month less than the Senior Man. He added, one man in the department receives $855 per month, this would be $70 less than the senior man. Mayor Liebl asked for a second to the motion by Councilman Utter. Mayor Liebl declared the MOTION DEAD FOR LACK OF A SECOND. �� ' LJ � C_ � , ' � , , _ ' , �.f , ' ' l58 PUBLIC HEARING MEETING OF OCTOBER 15, T973 APPOINTMEN7: CITY EP1PLOYEE: NAME POSITION PAGE 7 3 SALARY EFFECTIVE REPLACES DAi"E Curtis Dahiberg Park Foreman, _ $974 October 29, Ralph 2Q5 Rice Creek Blvd. Park & Recreation per 1973 Volkman Fridley, Minnesota Department month MOTION by Councilman Utter to appoint Mr. Curtis Dahlberg as Park Foreman in the Park & Recreation Department to replace Mr. Raiph Volkman io be effective October 29, 1973. Seconded hy Councilman Breider. Upon a voice vote, a11 voting aye, Mayor Liebl declared the motion carried unanimously. CONSIDERATI�N OF SCNEDULE FOR COUNCTL MEETINGS IN DECEMBER: 7he Acting Ciiy Manager said the two members of the Council will be in attendance at the �ational League of Cities Convention during the first week of December which would Teave only three members available far the first n�eeting if it were to remain scheduled for December 3, 1973. Ne said there are a number of items Would need the consideration of the full Council, Mayor Lieb1 suggested the Council have two meetings in the month of December to be scheduled for. the lOth and 17th, Counciiman 6re�der agreed stating the month of December is usually not as busy as other tim�s of the year. MOTION by Councilman Utter to schedule the two meetings for December for the lOth and 17th and delete the December 3, 1973 meeting from the scheduled meetings. Seconded by Councilman Starwalt. Upon a voice vote, all voting aye, Mayor Liebi declared the motion carried unanimously. CLAIMS: GENERAL 33397 - 33544 LIQUOR 8244 - 8295 • MOTION by Councilman Starwalt to pay the cla�ms. Seconded by Councilman Breider, Upon a voice vote, a11 voting aye, Mayor Liebl declared the motion carried unanimously. IICENSES: � GAS SERVICES: BY APPROVEQ BY P & N Services C�mpany 2634 Dupont Avenue North • Minneapolis, Minnesota 55411 Gerald Steffens W. Sandin GENERAL COf�TRACTOR: W. R. Bauer Construction Company 1655 Stanbridge Rvenue Rosevi)le, Minnesota 55113 Walter Bauer C. Belisle T, M. Gampion Company . �139 Lowry Avenue North � Minneapolis, Minnesota 55411 T, Michae] Carnpion C. Belisle Rotfilund Company Incorporated (Name Change From Castle 7b13 Central Avenue N. E. Homes) - Fridley, Minnesota David Rotter C. Belisle NEATING: • Centrai Air Conditioning Company 790 South Cleveland Avenue St. Paul, Minnesota 55116 Robert B. Winston W. Sandin Equipment Supply Inc. 801 Curfew Street St. Paul, Minnesota 55114 David Hodgson W. Sandin 0 � 0 0 PUBLIC HEARING MEE7ING OF OCTQBER 15, 1973 HEATING CONTINUED: Swenson Heating & Air Gond. 6700 W. Broadway Minneapalis, Minn. 55428 AUCTIONEER: Leon`s Auction Se�°vice 7387 Central Avenue N. E. Fridley, Minnesota CIGARETTE: BY Douglas Swenson Leon Godeke 159 PAGE 14 APPROVED BY W. Sandin Public Safety pirector FEE $10.00 two days Town Crier Pancake House 7730 University Avenue N. E. Fridley, Minnesota Craig Vargo Public Safety Director $12.00 MOTION by Councilman Sreider to approve the licenses including the Auction License by Leon's Service. Seconded by Councilman Starwalt. Upon a voice vote, all voting aye, r1ayor Liebl declared the motion carried unanimously. POSTING OF NORTH PARK WITH "NO NUNTING" SIGNS: MOTION by Councilman Nee to authorize the Administration to post the North Park area with no hunting and t�°apping signs. Seconded by Councilman Breider. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. COl�1Ml1 N I CAT I ON S: INDEPENllENT SCHOOL DISTRICT #11: NORTH PARK: MOTIQN by Councilman Breider to receive the letter from Mr. E, �. Johnson, Anoka- Nennepin Independent School District No. 11 dated October 10, 1973, regarding �lorth Park. Seconded by Councilman Utter. Upon a voice vote, all voting aye, Mayor Lieb] declared the motion carried unanimously. WALL CORPORATION REQl1EST FOR TI��1E AT THE END OF THE AGENDA FOR DTSCUSSION ON THE PROFOSAL FOR DEUELOPC�EMT OF REIDEL PROPERTY: Mayor Liebl read aloud the letter from Mr. Rudolph Dante, representative of ttie Wall Corporation, addressed to the Acting City Manager, Nasim Qureshi, regarding the reGuest to have an informal discussion after the completion of the discussian of the items on the agenda. He said copies of the letter had been submitted to each of ihe members of the Council, and the City Attorney. Mayor Lieb1 asked the members of the Council if it was their wish to adjourn the meeting for the discussion with the people from the Wall Corporation, or would they want the matter on record. . Councilman Nee said there would be no reason not to have the discussion on record, and he would rather have it a matter of record. Mr. fred Wall, Wall Corporation, addressed the Council and said ihe problem involved the Reidel property which was adjacent to the Fridley City Hall. He stated never before had he put so much time and effort into a project to accomplish so little. Ne recalled over the time planning for the construc�ion, many times they thought of just waiking away from the project, but felt they were so.close to some formulation of the project, they did not walk atiaay. He said he thinks he should have walked away in the very beginning. He said the matter had been jumping from pillar to past and they have not been able to do anything. � Mr. Wall said he had talked with Mr. Qureshi recently and there seemed to be some questian on where they were at. He added the Acting City Manager had continued to refer to an agreement which wauld cover the construction of 106 apartments and some townhouses. He believed this.agreement to be outdated, and said there had been many adaptations since this time and agreement. Mr. Wall coritinued saying with the amendments to the project through redesigning it with the City, they had ended up with a project so expensive, they could not buiid it. He said originally the area was to contain townhouses which would have been for sale at �I' �' � ; , � t �i � T � s �� ' r ' � � � 160 PUBLIC HEARING MEETING OF OCTOBER 15, 1973 PA6E }5 � about $38,D00 to $40,000 or even $2,Q00 more at today's prices. He thought this was not a deluxe site in the City, it was nice but not deluxe or comparab7e to the Innsbruck North area, or the water front on the river. Ne said he would consider this area a tract deve7opment site, treeless and abutting City Hall which is good, � but not attracti�e as a neighbor for deluxe housinq, He said these conditions would not allvw the developer to go on with the mediurc� priced development of townhouses, � , �! � i Mr. Wall explained Mr, bante had come up with an idea to eliminate the apartments and construct an area of only townhouses which would have rented for about $300 per month. Mr. Wall said he a�as reluctant to go along with such an idea, but Mr, Dante showed him. the Larson project which has a waiting list for renial at this price, and this was proof of the need for such an area. He said their proposal was to come up with something similar, nicer and higher priced. He said by the time amendments to the plans were made, they r�ould have to rent the uniis for $450 per month. Mr. Wail indicated urith the stipulation such as adding a recreationa7 building for from somewhere around $75,000 to $i25,OQ0, ihey were not able to get the project off the ground. He said they would be able to produce a project sim.ilar to that of the Rice Creek project with no gang garages, but with the use of the tuck under garages. Ne referred to a project aahich is in Eagan and said this would be their suggestion for the property and they would he able to stay within the catagory of $300 per month for rent. Mr. Wall said he would like to ask the Council if this would be acc2ptable with them and he wou�d like a gentlemen's agreement before he would go ahead and close on the property. Mr, Wall pointed out the amount for the land alone would be $200,000 and this would be alot of money to speculate with. Mr. W all said if this type of proposal is not satisfactory to the Council he wouldpass on the acquisition of the property and there would be no problems. ' � Councilman Breider asked if the other members of the Council had seen the Eagan site. Mayor Lieb] said he and the Acting City Manager had gone out and reviewed the area. Mr. Wall said both the Larson complex and the Eagan complex had been designed by h1r. Reese, and he believed Eagan was the more attractive project because of the iuck under garages. . � � � , ' ' Councilma rr Breider said he thought there had been an agreement t�at the townhouses would rent for three years and then be sol�. Mr. WaTl said he too would iike this type of arrangement, but there was a great demand for rental housing for families. He explained, there is no financing for sellable housing at the present time and there is a great demand for rental housing. He said the developer would be able to finance the complete project if it were rental and if it would be residentia] property for sale, it would have to be a piece meal project being buiit as the committments for purchase were obtained. Ne added, this would..take years to complete. Counci]man Breider asked if there was some question on the agreement. Mr. Wa11 said there had been two agreements, one which had been signed and one that had nat. He said those stipulations on the signed agree�nent would be produced, He said those stipulations on the signed agreement would be produced. He said he would be in agreement with the desire ta not create rental housing, but they would ail have to face reality, Councilman Breider asked if the Corporation would live up to the agreement to provide the facilities for the storm sewer. Mr. Wall said the only disagreement t�hey wou1Q have would be to provide owner occupied housing. Councilman Breider asked what would be the average cost of the•units. Mr. Wall � said they would run from $28,000 to $30,000 per unit. Ne said the 155 unit project is far more than they had originally planned to build. He said there is a famiiy market that wants spacious living, not carpeted apartments and these units woald be 1,700 square feet. � � � Councilman Nee said he believed Mr. Wa]i was presently asking for a blank check and asked if there would be some indication of what the p1a n would be and how it would be different. y The Acting City Manager said the Wall Corporation does nat want to be tied to the stipulation that they must be owner occupied units. He said he wouid think this problem is a legal one. He said the agreement was that the developer would build atl rental units to be built in one season and as the market wouid a11ow, he would se11 161 PUBLdC HEARING MEETING OF OCTOBER 15, 1973 PAGE 16 the units. He said the City had allowed this rental for three years with a possible extensian of two years. He said this is the big question on ��hat he is trying to resolve between the City and the developer. � Mr. Wa11 said he did not believe the agreenient as pointed out by the Acting City Manager cauld be enforced by the City, but �s is nat ti��hat would bother him on entering into it. He said the project wauTd need time to mature and they would be for sale immediately. Mr. Wall said he believed this to be a matter of conscience with him. He said he would not like an agreemtnt where the City would not bother him if he did not bother the City. He pointed out they had tried to plan something that would sell right avday, but this is not the way it had worked out, Councilman Utter said this would be in an R-1 area. The Acting City Manager said the property would have to be rezoned. Mr. Wall said he did not think utilities like the water would have to have 155 hook ups, and 155 meters. He said it would be possible to have home owners in an associat- ion for the care of the grounds and the water t�ould be needed for this care and could be disbursed at a central point with all paying an equal amount. Mr. Wall said he would not change anything that would not make the area unsellab7e. Mayor Lieb1 asked how much could be saved by this type of planning and insta7lation. Mr. Dante addressed the Council and said s�me time ago, the project wou1d have been about 3.6 million dollars and today it may run anywhere from 4, 42, or 5 million. He said if the price of the overall meters was dropped and other items, the figure could.again be in the 3.6 million catagory. Mr. Dante pointed out, each single item would have its ramification and the figure h�d jumped over a miliion doilars. Councilman Nee asked if the walls would have to be constructed in a different manner if they were to be sold at a later date. Mr. Dante said the building would have to camply with the regulations of UBC. Ne said the site plan would be very close to the one being considered at the present time. He said there would be six units to a cluster and there would be a single rather than double garage. He added, the garages would be tuck under garages not gang garages. He said the complex would be sinijlar to the project in Eagan and also the Larson complex, without the gang garages. He explained the units wouid be four feet smaller because of the single garages. Mayor Liebl summarized the events leading up to the present request by the developer and said now they are in the midst of a tight money market where the financing rate may be as high as 12/. He said with the inflation, the amount had increased. Mayor Liebl explained he did not know what could be done legally, but he hoped it would be feasible ta get something worked out. He recailed the area people like the idea of townhouses better than the first proposal of apartments. Mayor Liebl pointed out the City �ould have an obligation to•the area people with the installation of tiie storm sewer, and if the development is dropped at this time, the people will have to pick up the tab. Mr.. Wall then described his proposal. There will be 155 units, the garages would be single rather than double, the units would be four feet smaller, but everything else would be ihe same. He said it is not in the cards to complete the deluxe plan. Mr. Wall added, there wi11 be no recreation building, they could not afford to put this in now. He stressed, everything else would be the same with these exceptions. He explained, there are'many homes in Fridley that do not have a swimming pool and double garages. They would have to build units that would rent for $300 now and $336 in three years, or they would not meet the expenses. Mayor Liebl asked the City Attorney for his counsel, Ne asked if the City could ask the Corporation to se11 the buildings in five years. The City Attorney�said he did not like the arrangement, it would not he enforceable. Ne advised the Cauncil that the ordinances prohibit renting property in the R-1 areas of Fridley. Councilman Nee said he agreed with the concept of the plan, but he could not agree to the single garages. The City Engineer said there would be a problem with the water and sewer. Ne added, the walls would have to be constructed different in owner occupied units than rental units. He said it would be up to the Council to determine if the units could be rented. Mr. Dante said the 5/8 wall board could be added later if the units would be sold. The City Engineer indicated if this would be added later, ` I62 PUBCIC HEARING MEETING OF OCTOBER l5, 1973 PAGE 77 this woaid be a great expense, he said it would be more feasible to install the right orall at the present time. Mr. Dante said paying this on a five year mortgage would be more expensive then construction five years down stream. Mr. Dante said he would be willing to take the members of the Council to the Eagan site and ailow them to review the plan. Mr. Wall said they are currently reaching the end of a 30 day extension period and the owner of the property is going to cancel them out.. Mr. Wall said he was not asking for a bind9ng agreement, he would buy the property if this was feasible. Mr. Dante asked the City Attorney if he wauld cantact the Reidel Attorney and indicate the plans of the Council. The City Attorney said he wou]d contact Mr. Peterson, but t�ere would still be a risk with i�e lega7 considerations. He said if the client does not want to agree to the plan, the attorney's ora] agreement may nat be bind9ng. �he City Attorney said he did not know what Mr. Peterson or his client were willing to do. Discussion followed determining �he time and date of the tour of the Eagan complex and the setting of tne special meeting. The Councilmen agreed on 4Jednesday, October 17, ]973, 6:00 p.m. for the Specia7 Meeting to discuss the requests of the Wa17 Carporation, . AQJOURNh1ENT: MOTION by Councilman Starwalt to adjourn the rneeting, Seconded by Councilman Nee. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously and the Public Hearing f�eeting of the Fridiey City Counci7 of October i5, 1973 adjourned at 12:37 a.m. Respectfully submitted, Patricia Ellis Secretary to the Gity Council Date Approved Frank G. Lieb1, Mayor 0 a ' � FRID LEY CITY COUPJCIL - PUBLIC HEARING - OCTOBER 15, 1973 - 7:30 P,M, . � � � �1 . , � ' � APPROVAL OF MINUTES. Regular Meeting, September 10, 1973 ' Public Hearing Meeting, September 17, 1973 Regular Meeting, September 24, 1973 SECTIO�V 1 - PUBLIC HEARINGS Public Hearing on Rezoning Reauest ZOA #73-10 by Donald Babinski, to Rezone the Following: Lots l-6, Lot 9 and North 68' of Lot 20, Block 1, Central Avenue Addition � From C-2 and M-1, and Lots 10-14, Block l, Central Avenue Addition from C-1 and M-l. Generally Located at Central Avenue and 73rd Avenue, the Same Being 1290 73rd Ave. N.E. and Consideration of First Reading of an Ordinance from Rezoning Rec{uest ZOA #73-10 by Bryant-Franklin Corp. and . Consideration of Front Yard Setback Variance, from 100' to 70' for Bryant-Franklin Corp. (Tabled September l7, 1973) and Consideration of Plans to Construct an O�fice and Warehouse Building by Bryant-Franklin Corp.(Tabled October l, 1973), ,, 1- 1 L � PUBLIC HEARING AGENDA PUBLIC HEARING (CONTINUED) PAGE 2 Public Hearing on a Rezoning Request #73-08, by Nor�h Suburban Hospifial District to Rezone from R-1 to CR-1; or to Al1ow a Clinic in an R-1 District with a Special Use Permit, SP #73-11 Generally Loc�ted..at 500 Osborne Road N. E., and Receiving Letter from Chamber of Commerce in favor of Project,� 2- 2 M SECT�IOPJ II � 0LD BUSI�IES�S OLD BUSINESS; Conszderation of Second Reading of an Ordinance Regulating the Parking of Certain Commercial Vehicles Upon the Public Streets in Residential Districts and Prescribing Penalties for the Violati.on Thereof, Amending Chaptex S06 of the Fridley City Code, , , , , , , , , , � , � � - 1 A Considera�ion of Second Reading of an Ordinance Adopti.ng the Budget for the Fiscal Year 1974, �,�� 0 2 -2A PUBLIC HEARING AGENDA OLD BUSINESS (Continued) PAGE 3 Consideration of Surveying Locke Lake to Extend Property into Lake with Cooperation of County (Tabled 9-24-73) � , � � � � � � � � � � � � � � . � � � � � � 3 - 3 B Consideration of Parks�and Recreation Commzssion Reco�nmendation of September 24, 1973, Concerning Mini-Bikes (Tabled 10-1-73) , , , , , � , � , , , , , , � , � 4 _ 4 � SECTION III-NEW BUSINESS NEW BUSINESS: Consideration of First Reading of Ordinance amending code - HOUSE MOVERS � � � , � � � � � � � � � � � � � 1 �onsideration of Approval of Final Plat P.S. #73-07, Innsbruck North Townhouse 3rd Addition, by Darrel A. Farr Development Corporation, Being a Replat of Outlot H, Innsbruck North Addition , � � � � � � � � � � � � � � � � � � 2 _ 2 A 0 PUBLIC HEARING AGENDA NEW BUSINESS (CONTINUED) PAGE 4 Receiving the Minutes of the Planning.Cammission Meeting of September 26, 1973 � � , � , , , � , < < � , , � . . 3 - 3 � Receiving the Minutes of the_Planning Commission Meeting of October 3, 1973 � � � � � � � � � � � � � � , � , , � .- 4 R Estimates, � � � � , � � , � � � � � � � � , � � � � � � . � � 5 - 5 1 Receiving the Minutes of the Charter Commission Meeting of September 18, 1973 < < , , � , � , , � , � � , � , , � . . , 6 - 6 $ Receiving the Minutes of the Fridley Human Relations Meeting of September 27, Z973, , , � � , � , � , , , , � , � � ] - 7 q PUBLIC HEARING AGENDA NEW BUSINESS (CONTINUED) PAGE 5 Receiving Status Report Regarding Compliance with Special Use Permit Agreement by Frank Gabxelcik� ��,��,� $ Consideration of Naming Auditor for the Year 1973, ,,,,,� 9- g q Consideration of a Re�uest for Waiver of Spxink�ing Re�uirement by Barry Blower, Inc., , , ., , , , , , , �, , , , , 1� - 10 B Consideration of Paying City Employee Acting in Supervisory Position the Salary of the_Position (Request by Councilman Utter) , , , , , , , , , , ,� , , , , , , , , , , 11 - 11 A � ' PUBLIC HEARING AGENDA PAGE 6 I � NEW BUSINESS (CONTINUED) . Appointment: City Employee� , , , , , , , , , , � � , , , , 12 � � , . ' . i ' Consideration of Schedule for Council Meetings , , , � � , � �,3 in December ' , , Claims � i � � � � � � � � � � � � � � � � � � � � � � � � � i �� ' ' ' Licenses, , � � . � � � � � � � � � . � � , � . � � , � � � , 15 - 15 A � ' SECTION IV �COMMUNICATIONS ,1 . � School District #11: North Park� � � , � , � , , , , , , , � 1 , . � . ' A�DJOURN i_ � . . � � � � � � THE I�IUTES OF TNE REGULAR COUNCIL MEEiING QF SEPTEMBER 10, 1973 ' ' ' ' ' . ' ' ' , ' . ' ' ' � ' . _ � � � � . � I � ., � 76 . .� THE MINUTES OF THE REGULAR MEETING OF.tHE FRIDLEY CI7Y COUNCIL OF SEPTEMBER 10, 1973 ,. . �... `.... . ... ...... . ...� .. �.�.. � ' . - The Reguiar Meeting of the Fridley City Council was called to order at 7:35 p.m., September 10, 1973 by Mayor Liebl. PLEDGE OF ALLEGIANCE: ' � � . � � ' � a Mayor Liebl 7ed the Council and the audience in saying the P]edge of Allegiance _� to the Flaq. � INVOCATION: y Mayor Liebl asked for one minutes of silent prayer for those missing in action in Viet Nam. ROLL CAlL: I ' MEMBERS PRESENT: Breider, Starwalt, Lieb1, Utter, Nee � MEMBERS ABSENT: None, � � PRESENTATION OF AWARDS: CERTIFICATE OF APPRECIATION - MR. RICNARD HARJU, BOARD OF APPEAL_5 Mayor Liebl read atoud a note from the administration stating Mr. Harju had called and would not be in attendance at the meeting to accept the award, He directed the administration to forward the award to Mr. Harju. � ! SPECIAL AWARD PLAQUE - MRS. HELEN JOHNSON, CHAMBER OF COMMERCE: Mayor Liebl called Mrs. Johnson forward to accept the award plaque. Mayor Liebl expressed his personal thanks and appreciation to Mrs. Johnson for her aid in bringing industry to the City of Fridley. Ne added, on behalf of the Mayor and members of the Fridley City Council, what she had done for the community has been appreciated. Mrs. �ohnson thanked Mayot� Liebl and the members of the Council and said it had been an honor working with all of them. I APPROVAL OF MINUTES: ! PUBLIC HEARING MEE7ING OF�AUGUST 13, 1973: � MOTION by Counciiman Nee to adopt the minutes of the Public Hearing Meeting � of August 13, 1473 as presented. Seconded by Councilman Utter. Upon a voice vote, al] voting aye, Mayor Liebl declared the motion carried unanimously. REGUlAR COUNCIL MEETING OF AUGUS7 20, 1973: MOTION by Councilman Nee to adopt the minutes of the Regular Council Meeting of August 20, 1973 as presented. Seconded by Councilman Starwalt. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. ADdPTION 0� AGENDA: . Mayor Lieb1 said the following items were to be added to the Communications Section of the agenda: � Communication from Mr. Edward H. Knalson, 5uperintendent of Schools, Independent School District No. 16. , Communication from Ms. Miriam F. Friend, 1520 Rice Creek Road. Communication from Mr. Roman S. Gribbs, President, National League of Cities, , . MOTION by Counci]man Utter to adopt the agenda as amended. Seconded by , � Councilman Starwalt. Upon a voice vote, all voting aye, May4r Liebl deciared the motion carried unanimously. , .� � I � � . , � � � . 1 � � ' � CI . . _ - - ---- - ' . _ _ -- - .__ _ � . 77 REGULAR COUNCIL MEETIN6 OF SEPTEMBER 10, 1973 PAGE 2 VISITORS: MR. CHARLES LARSON, REPRESENTATIVE OF FRIDLEY MEDICAL CENTER: '. Mr. Larson addressed the Council and requested approvai of the use of . a mobile home at the Fridley Medical Center facitities as temporary office facilities (not to include patient care). Mayor Lieb1 said he was aware that there had been a fire at the Medical Center. MOTION by Councilman Breider to approve the request for the temporary use of a mobiie home for the office facility at the Fr�dley Medical Center. Seconded by Councilman Utter. Upon a voice vote, all voting aye, Mayor Lieb] declared the motion carried unanimously. MR. BAILEY TTLLER, 1335 GARDENA AVENUE N. E.: Mr. Tiller said he hoped the Council, during their invocation period, would also remember those persons who were hospitalized, handicapped, and cripp]ed for life whi]e serving in Viet Nam. Mayor Liebl said Mr. Tiller's thought� were appreciated. MR. RAY MINARD, 6151 STARLIGHT•�DRIVE N. E.: . Mr. Minard said his question concerned the work being done on Starlight Boulevard and he had heard that the curbing would be completed this yea�r and the remainder of the project would not be completed until the next April. The City Engineer said the cu•rbing and blacktop would hopefully be completed this year if the weather is not too severe. He said there is a possibility that the clean up would not be completed until next year. MR. JOHN CHURA, FRIDLEY V. F. W., 5973 MAIN ST. N. E.: Mr. Chura said he wouid like to express his thanks for the c�operation the Fridley V. F. W. has received from the City and the members of the Park Board during the construction of the monument. He added, he is sorry the construction has taken so long, but they had not received the remainder of the monument from St. Cloud. � Mayor Liebl thanked Mr. Chura � ,'� PUBLIC HEARINGS: PUBLIC HEARING QN ASSESSMENT FOR STf2EE7 IMPROVEMENT PROJECT ST. T972-1: � MOTION by Councilman Starwalt to waive the reading of the Public Nearing Notice and open the Public Hearing. Seconded by Councilman Nee. Upon a �' voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously and the Public Nearing opened at 7:47 p.m. . The City Engineer said he was happy to report the final cost of the project was lower than estimated and previousiy given to the people. He added, this was the result of obtaining the bids daring the winter months. The City Engineer said there is still some work to be done in the Tnnsbruck North area, but he would like to get the assessment roll to the County so the people would not have to pay the additional 7%2� interest for another year that would be due if there was a delay of a couple of roonths. Mayor Liebl said the estimated price of the project had been $593,000 and the actual costs are $434,000. The City Engineer said some of the streets in the project had been bid less expensively than anticipated. ALDEN WAY AND RIVERVIEW TERRACE: The City Engineer said the actual cost of the improvements in this area is 59.29 per foot and there were no catch basins in these two streets installed � : — _ _ ._ _ _ _ _ . _ __ ---_ ,_...� REGULAR COUNCIL MEETING OF SEPTEMBER 10. 1973 PAGE 3 under this project. Mayor Leibl asked if there was anyone present who wished ta question this section of the project. There was no response. EAST RIVER ROAp EAST SERVICE: � The City Engineer explained that the cosis for the East River Road East Service Road would be $20.48 per foot and had been estimated at $21.07. He added the costs for this area were higher because of the sub grade work and there are assessments to be paid on only one side of the street. GLOVER PLACE - MONROE TO JACKSQN ST.: The City Engineer stated the price per foot would be $10.19 for the front and $1.84 for side yard assessments. He said the estimated amount had been $14.60 for the front. The City Engineer explained that in the case there were to be an assessment for the rear yard in this area, the assessment would be $2.55 per foot. Mayor Liebl said there had been petitions submitted requesting this improvement. BENJAMIN - GARDENA TO 61ST: The City Engineer explained the assessments for this area wouid also be $10.79 for the front and $1.84 for the side yard assessment per foot. BENJAMIN STREET - 6iST TO RICE CREEK RQAD, AND BRIARDALE COURT, BRIARDALE RO D, 0 SIDE C URT ND S I S B R: The City Engineer said this would include the entire Briardale area and would be $10.52 per front foot and $2.19 for the side yard assessment. The assessment for the front portion of the properties on 61st from Benjamin Street to McKinley Street would be $10.55 per front foot and $1.85 J per side yard foot, the City Engineer said. i Mr. John Kapotas, 6160 Bri.ardale Court, said he was not sure of what was going � on at the present meeting. Ne added, he had just moved to the area the first part of June and thought he had paid toward these assessments in the price of his home. ! The City Engineer pointed out that ihere should have been money escrowed � by the developer which would have been placed in the bank or real estate company. He stated, this would be in the form of a pending assessment. He further explained that the project is complete and the money which had been escrowed would be applied to the improvement. The City Engineer suggested Mr. Kapotas refer to the contract of purchase which would state whether or not this had been done by the developer of the area. He said the assessmeint would be less than had been estimated. � Mr. Bill McNee, 6155 Briardale Court asked if more black top would be put in. 7he City Engineer explained that the final mat would not be installed ' until after the road settles. He said he hoped the area would be comp]eted � by the winter months. Mr. McNee asked if this included the entire storm sewer system. The City Engineer anticipated this would be completed try this time also. He added, work is being done to provide an outlet and there would be a Public Hearing on the matter on September 24, 1973. , FERNDALE AVENUE: Mayor Liebl asked the City Engineer what the estimated costs would be for the Ferndale Avenue property owners. The City Engineer listed the costs to be � $10.19 per front foot and $1.84 per foot for the side yard assessments and -� � .1 �i, � REGULAR COUNCIL MEETING OF SEPTEMBER ]4, ]973 recalled the estimated cost had been $12.48 per front foot 60TH STREET: PAGE 4 ' 7he City Engineer referred to the 60th Street area and stated the front per foot assessment would be $10.]9 and the estimated amount had been $12.89. 79 ' Mr. Bailey Tiller asked why some of the areas on the map were assessed on the entire street and some for only haif of the street. Mayor Liebl explained that the half portions were for side yard assessments only.. 7he City Engineer said the side yard assessment for the Oakwood Manor would I be $1.76 per foot. Mr. Tiller said he would not have to pay for both assessments when he is paying for the portion on Gardena, and Mayor Lieb1 said this was . correct. � � � � � � � The City Engineer pointed out the cost of the area is rather high because of the amount of excavation. Mayor Liebl stated the cost of the side street assessment had been $3.60 and now would only be $1.76. STINSON BOULEVARD - 61ST TO GARDENA: The City Engineer stated the front would be $10.52 and the side, $2.T9. Mayor Liebl asked if there were any questions, and there were none. The City Engineer added that the estimates for Stinson B7vd..had been $14.43 for the front and $2.6i for the side. NORTH DANUBE ROAD TO GARDENA AVENUE: The City Engineer explained the front per foot assessment wouTd be $10.19 and $1.84 for the side yard. He added, the estimated cost had been $17.i6 and was high because they had anticipated problems in working with the soil conditions. He stated the costs were down and the reason for this is that the City had acquired some material from Burlington Northern and Park Construction. NORTH DANUBE ROAD, WEST DANUBE ROAD, 50UTH DANUBE �IRCLE, EAST DANUBE ROAD ND REGIS CIRCLE: � The remaining portions of the improvement project were the five streets taken care of in Innsbruck North. The City Engineer pointed out that the assessments Were on a per lot basis and were taken care of this way upon request of the developer. He stated the residential lots wnuld be assessed $2,821.81 per lot and should have been included in the price of the home as a pending assessment. Councilman Starwalt asked if the cost of these roads would be higher because they are new roads. The City Engineer explained that the roads are all ' concrete and the cost of this type of roadway is higher. Councilman Starwalt questioned if the cost of the road would increase over those installed on � � an already staba)ized street. The City Engineer felt the ball park price would be $17.00 instead of $12,00. � � � � STORM SEWER BETWEEN 61ST AVENUE AND GARDENA AVENUE, ARTHUR STREET AND STINSON BIVD.: the City Engineer pointed out the area and said the storm sewer assessments are on the basis of 100 square foot measurements. He explained, basically, there are two areas involved in the present assessments and pointed out areas A and B on the map and said they would be assessed $3.83 per T00 square - feet. He added, the estimated price presented at the Public Hearing had been $3.99 per 100 square feet. The City Engineer referred to area D which will be assessed $1.76 per ]00 square feet as compared to the price of $3.99 estimated at the Public Hearing. Ne further explained this was a partial i assessment and the work is not complete and in areas A and B there had been more work completed and this was the reason for the higher assessment. Mr. Bailey Tiller addressed the Council and questioned the reason for the assessments being placed on his property as this was the highest in the area e]evationwise. He stated he had never had any trouble with water and he had paid more for the high land than those who had purchased lower land � I '' � i i ' � , � � ' : REGULAR COUNCIL MEETING OF SEPTEMBER 10,.1973 ---_ _ _ _ __.� PAGE 5 and did have drainage problems. He asked why his property was involved in the assessments at the present time. Mayor Liebl pointed out the City would have to follow the law of the land and and the policy which is always upheld by the Supreme Court which is those residing on the highest piece of ]and must aTso pay for the storm sewer facilities because their land is being drained onto the lower properties. Mayor Lieb] asked the City Attorney for his c�unsel. The City Attorney said all properties contribute to the water and ultimate outflow and this has been the rul9ng uphe7d by the Minnesota Supreme Court. .� He added, this means all the high property as well as the low property. He explained the policy of creating storm sewer districts and also subdistricts. He pointed out there are three subdistricts in this project which are A, B, and D, with D being assessed a lower amount because the amount of work in , this district has not been as comprehensive as in areas 11 and 8. The City Attorney continued saying there is no assessment being placed on the properties ' within subdistrict C at this time because there is no work being done in this area at this time. The City Engineer stressed there would be no development of storm sewer in area C because there is no development in this area. The City Engineer reviewed the priority )evels of drainage through storm sewer systems within the City as one, all roads and public right of ways are to be drained first, and secondly, the drainage of low areas creating developable sites. He expounded, i�t is not the City's concern to drain every piece of low land, but if the developer wants the property drained, it would � be possible to do so. A resident of the area asked if the whole City was to pay for the drainage of such a developers low lands? The City Engineer responded stating everyone in the City will be eventually assessed for storm sewer systems. He explained at the present time, there are only a very few small areas that have not been assessed for the storm sewer and the property owners would be called in for Public Hearings and the assessments and improvements would have to be approved. He stated the same standards apply all over the City, and the plan is to provide this service for.the entire City. MOTION by Councilman Nee to close the Public Hearing. Seconded by Councilman Utter. Upon a voice vote, all voting aye, Mayor Liebl deciared the motion carried unanimously and the Public Hearing closed at 8:35 p.m. PUBLIC HEARING ON ASSESSMENT fOR S7REET IMPROVEMENT PROJECT ST. T972-2: MOTION by Councilman Breider to waive the reading of the Public Hearing ` notice and open the Public Hearing on the assessment for Street Improvement ' Project ST. 1972-2. Seconded by Councilman Utter. Upon a voice vote, � all voting aye, Mayor Liebl declared the motion carried unanimously and the Public Hearing opened at 8:36 p.m. � The City Engineer outlined the standards in this improvement project would be high, but thQ people would be paying a normal amount for residential property in fridley and the remainder of the assessment would be taken care of by State Aide street funds. � I "� � ' MONROE STREET FROM MISSISSIPPI STREET TO 67TH AVENUE: _ 7he City Engineer pointed out this area would be $10.52 for the front per foot and the estimate had been $13.79. He added, the side yard assessment would be $2.05. GARDENA - ARTHUR STREET TO STINSON: f 7he City Engineer stated the estimate for this area had been $13.14 and the proposed actual assessment would be $10.52 per front foot. The side yard assessment would be $2.05 per foot he continued. ' Mr. Bailey Tiller addressed the Council and said the City had torn up � Gardena in front of his home in three places the past spring and his curbing had been broken. He thought the Engineering Department could have referred to their location maps and only torn up the street in one place. Mr. Tiller ' 0 � i � , � , � � � � I � � � .� � . ��i ' REGULAR COUNCIL MEETING OF SEPTEMBER 10, 1973 PAGE 6 recailed the reason for the street being torn up was because the water ' had not been turned on. Mr. Tiller added, the first street was put in that area 20 years ago and it was a good tar street. He said he thought � this street would have held up and felt there would be no reason for a new street today. He continued stating when the sanitary sewer and water facilities were instalied, the street was never properly repaired and it was full of holes the foilowing spring. Mr. Tiller inquired if the property owners were clue some credit for the first street because it was not properly repaired and maintained. Mr. Tiller stated in the period of 20 years, he had paid for three streets. Mr. Tiller agreed to talk to Councilman Starwalt, but said if could not come to some agreement,. he would get an attorney. He again questioned the reason for the street being torn up afier he had paid the extra expense of insta]ling three outlets, so the street wou7d never have to be torn up. He added, this had been q�ite an expense. Councilman Starwalt responded and said he did not know why the three holes had to be dug in the street. He explained that he did reside near Mr. 7iller and he thought Mr. Tiller should consider the factor of the increase of traffic in the area. He thought this increase may be 500% over the last 10 years. He agreed the street that had been installed 11 years ago was a good street, but there had been a great deal of traffic on the street. Mr. Tiller said he was not speaking of the street of 10 years ago, he was concerned with the street of 2� yea•rs ago. He added, he thought that three streets in 20 years was a little more than working people can afford. The City Engineer explained that the people of the area were not paying the total cost of the street, the final mat had not been installed and would not be installed for some time. He continued, the street is heavily traveled and the final mat would not be placed on the street for two years or so because of the settlement of the street caused by the clay in the area. He pointed out that this deiay will increase the life of the street and take care of the settling. MATTERHORN DRIVE: The City Engineer listed the prices for Matterhorn Drive and said they would be $10.52 for the front and $2.05 for the side yard sssessment or the same rate as the streets previously mentioned in the project. He stated the amount given to the people at the Public Hearing had been $12.00. INNSBRUCK NORTH DRIVE:. The City Engineer said the residents of Innsbruck North Drive would be assessed by lot at $2,821.81 per residential lot, $62.82 per apartment unit and the townhouse rate would be $115.84 per unit. � Mrs. B. Lillimoen, 1583 Gardan Avenue, asked when the storm sewer would be placed in the area. The City Engineer said he hoped to acquire the money for the system through escrow and this would depend on how quickly the � area developes. He added, this would be a matter of time and may be two , to three years. - MOTION by Councilman Breider to close the Public Hearing. Seconded by Councilman Utter. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously and the PubTic Hearinq on Street Improvement Project ST. 1972-2 closed at 9:03 p.m. � OLD BUSINESS: � INANCE #546 - VACATION, SAV #73-08, DENNIS RANST ' UTILITY Mayor Liebl said he had received the letter from Mr. John E. Daubney of August 29, 1973, and after reading the letter, Mayor Liebl agreed with the requests concerning Lots 10 and 11, Rice Creek School Addition. He added, he had been at the location and had looked at the lots. � � l� � ,� E:�+a REGULAR COUNCIL MEETING OF SEP7EMBER 10, 1973 � PAGE 7 • ' Mr. John E. Daubney, Attorney for Mr. Dennis Ranstrom, addressed the Council. He pointed out that he had prepared rough drafts of the proposed deeds of easement � as requested by the Council and he believed the deeds and letter were in the spirit and conditions agreed upon at the previous meeting of the Council. ' , L__l �� , � � � � , � i , Councilman 8reider said he thought the previous pian was without the request of a variance, and this was what had been requested in the first place. Mr. Daubney said yes, he would like to explain this matter. Mr. Daubney pointed out the two lots on the map on the easel and said there is a utility and drainage easement between the two lots and also a manhole and temporary storm sewer pipe which is partially covered and then extends above the surface of the gr.ound on the south of Lot ll to Rice Creek. He stated the applicant would grant the easement for the temporary pipe on Lot 11 for an exchange or release of the easement between the two lots. Mr. Daubney read the rough draft of the proposed deed of easement for the six foot utility and drainage easement to the Council. Mr. Daubney continued with the second part of the proposed negotiations concerning the walkway on the southeast side of Rice Creek and below the 856 elevation. Mr. Daubney read the deed of easement aloud to the Council. At the point in the easement where the width of the easement was included, Mr. Daubney asked the members of the Council if it was their understanding this was to be six feet in width. He said he would agree to this, or what the �Engineering Department would consider a reasonable width. He added,the location of the walkway would have to be staked out by the Engineering Department and in order to reduce confusion, he believed the e]evation should be estab�ished from the City's contour map from the Engineering Department. Mr. Daubney said there would be no argument as to the placement of the six foot walkway between the creek and the 856 eievation. He thought this could be left open at this time. Mr. Daubney said he would be willing to change the deeds in form if the City Attorney felt it necessary. He said he would ask the City to waive the right to the north/south easement between ihe two lots. The pian had been changed somewhat, he added. Mr. Daubney said he would request the Council approve the initial request for the variance of the front yard setback as the land is a little better and more firm soil conditions exist in this area. He continued saying the applicant had provided reports of soil borings done by Soil Exploration which prove the area to be buildable. Mr. Daubney explained the proposed site would be sufficient, but the new reqaest would be better and would place the structure away from the walkway. Mr. Daubney said the initial request including the variance and the vacation of the easement had been reviewed by the Planning Commission and they recommended approval of the request. Mr. Daubney said it is his understanding that this action would comply with the City Code. Mr. Daubney said the Council had reqtaested an indemnification agreement be submitted by the applicant, stating in substance, if there are any problems with the subsoil, the applicant would hold the City harmless. Mr. Daubney said he had prepared an agreement that would be subject to the City Attorney's approval, but he would like approval of the agreement in principle. Mr. Daubney said he would submit the documents to the City Attorney and the City Engineer for the approval of the final form. He said he wou7d ask the Council for approval of the matter that evening. Mr. Daubney said he would like approval of the two deeds of easement, one for the west side of Lots 10 and li for the walkway, and secondly, for the south side of Lot 17 for utilities. Mayor Liebl said he felt the applicant and Mr. Daubney had coaperated with the City by furnishing the agreement to hold the City harmless for the . building. He questioned if the amount of the easement should be more than six feet. Councilman Breider said this is aTl the Council had asked for. The City Engineer recalled an agreement had been worked out. Mayor Liebl read the points in the agreement: l. That the applicant dedicate a six foot Utility easement on the south side of Lot 11. Mr. Daubney agreed to this point. 2. That the applicant dedicate a walkway easement on the northerly portion of the lots following basically the 856 contour elevation. Mr. Oaubney said the applicant would agree to this point. 3. That an 2 � ., REGULAR COUNCIL MEETING OF SEPTEMBER 10, 1973 PAGE 8 � ' easement be ded9cated for the pur.poses of ponding the northerly portion i of the lots following, basically the 870 contour line. The City Engineer �; said this point would be deleted in the agreement. 4. The property owner agrees to hold the City harmless if there is structural or other damage , to the buildings, caused by a water main break, or water running off the banks of the lots, due to the steepness of the terrain of lot 10 and 11. Mr. Daubney said he would agree to this point, but would not hold the City harmless for any negligence. The City Attorney said this was how � the discussion had gone at the previous meeting. Point 5 read, the property � owner will suppiy the necessary doucments for points 1, 2, and 4 before the second reading of the ordinance. � � � LJ , � , ! � �_ � Mr. Daubney said the indemnity agreement to hold the City harmless would be subject to the approval of Mr. Herrick. The City Engineer pointed out that the original agreement contained a point that an easement for a lake would be given at the 870 contour line. He explained he should also give the Council more facts about the matter. The City Engineer staied the Metro Councii had approved a plan for the parks in the area. There is a request for a building permit and the City cannot hold up the applicant any longer. The City Engineer said the County had been in contact with him and requested the issuance of the building permit be held for a period of three months, and,he had advised the County that � the City could not ask the people to wait for a permit for another three , months. 7he City Engineer said he felt if the County wanted the property, they could negotiate for it or allow the peopie to build on the property. - � He added, the applicants have quite a bit or work and effort into this � � project. He advised the Council that the County would be acting the next ; day on whether to acquire the property or let the people build on it. He thought they should not be working on cross purposes and the ponding - easement was the only question and this portion could be deleted. Mr. Daubney said it would take several days to get the necessary docaments in final form. He continued, he had been advised there are no funds avail- able on the County level for this project thas year. Mr. Daubney stated he would ask the Council to approve the requests in principle. He said the applicant is not asking for any rezoning and this would not change the value of the property by issuing a building permit. CounciTman StarwaTt said he had a couple of items he would like to mentio»: He brought to the attention of the Council that a vacation had been turned down in the vicinity of this location, prohibiting the issuance of a building permit. He added, this was on another proposed house one block east of this site, and the reason for denial of the request was that the structure was n�t in line with the other homes in the neighborhood. He added, he had voted in favor of this street vacation. In the future, he said, the whole area may possibly be park land or used for other purposes. He repeated the point brought out by the City Engineer that the County people have their eyes on the property. He thought this matter should not be resolved at the present time. Councilman Starwalt said he had talked with Mr, Ranstrom concerning the matter. He thought if the area were to be deveToped into a ponding area, there would be a need for the third point in the agreement, and the walkway would also be needed. Councilman Starwalt said he would suggest the matter be resolved by the County before the Council would take any action on it. '� , � Councilman Utter said he had talked to the applicants. He said he did not believe the City had the ultimate jurisdiction and if the State wouTd need the property, they would condemn it. Councilman Utter addressed Councilman � Starwalt and said the other vacation request in the area was for the vacation �� of a street, not a utility easement, and the vacation of the utility easement 'I � . would not be an injustice to those people who had been denied the request. Councilman Utter stressed, the people would be using their own property I , to build, and this would be all. I The City Attorney advised the Council that the property owner would be entitled to a building permit. He stated, this is a matter of law, and the City would have to grant a building permit if the applicant had not requested any waivers, variances or vacation of easements. He pointed out I _ ' � I , � � � 84 REGULAR COUNCIL MEETING OF SEPTEMBER 10, 1973 PAGE 9 the property is properly zoned, and the praperty owner is entitTed to a building permit. He said in this case, the applicant is requesting two things, a variance of the front yard setback and the vacation of an easement. The City Attorney said the City wou]d not have to grant these requests, and the property owner r�ould not have to grant the City's two requests. He added, the Council has asked the two things they desire and this would have to be the owner� decision. He continu?d saying, he was not indicating what the Council should do and he was not irying to say this is a good or a bad trade. The City Attorney said the City has been asked to do something, they do not have to do, and the owner has been asked to do some- thing, he does not have to do , and legally, there is no requirement on this. ' Mayor Liebl said the Council had been over this matter four times, and he felt it to be only a matter of aye or nay. He said the property owner would , i not have to give his property away and if he holds the City harmless, nobody � will be hurt and it will be the property owner's prerogative to build a home. Mr. Daubney agreed with the City Attorney stating, the City could give nothing , and the applicant could give nothing. He explained it was his purpose to negotiate something for the City and something for the applicant. , ' � � ' � , � � �� , i � I MOTION by Councilman Nee to table the matter for one week. Seconded by Counc9lman Starwalt, Upon a voice vote, Nee and Starwalt voting aye, and'Liebl, Breider and Utter voting nay, Mayor Liebl DECLARED THE MOTION FAILED. MOTION by Counc�lman Utter to waive the second reading of the Ordinance, to adopt the second reading of the Ordinance, and approve the variance, and that Mr. Daubney, the City Attorney and the City Engineer come to an agreement on the six foot walkway easement on the north side of Lot 11 between the creek and the 856 elevation, and that the applicant grant a six foot utility and drainage easement on the south line of Lot 11, and that the applicant wi]1 submit a letter holding the City harmless for any structural damage caused by the soil conditions or steepness of the terrain, and that the applicant provide documents for items.one, two, and four before the publication of the ordinance. Seconded by Councilman Breider. Upon a roll call vote, Starwalt voting nay, Liebl voting aye, Utter voting aye, Nee voting nay, and Breider voting aye, Mayor Liebl declared the motion carried three to two and Ordinance No. 546 adopted. . CONSIDERATION OF FIRST READING OF AN ORDINANCE REGARDING TRUCK PARKING . TABLED AUGUS 6, 1973 : Mayor Liebl suggested receiving the ordinance. MOTION by Councilman Breider to receive the ordinance and that any discussion or action on the first reading of the ordinance until the next meeting of the Council.. Seconded by Councilman Nee. The City Attorney pointed out he had obtained some of the material from the � code and some definitions from the State Statutes. UPON A VOICE VO7E, all voting aye, Mayor Liebl declared the motion carried unanimously. . NEW BUSINESS: APPROVAL OF BUS SHELTER AT INTERSECTION OF MISSISSIPPI STREET AND T.H. #47: MOTION by Councilman Breider to approve the bus shelter on T. H. #47. Seconded by Councilman Utter. Upon a voice vote, all voting aye, Mayor Liebl ,' declared the motion carried unanimously. Councilman Nee said there should be an opening in the fence from the south. CONSIDERATION OF AN ORDINANCE DESIGNATING CREEK AND RIVER PRESERVATION D � I ' � REGULAR CQUNCIl. MEETING OF SEPTEMBER ]0, ]973 PAGE 10 . MOTION by Councilman Breider to table the consideration of the ordinance until later in the meeting. Seconded by Councilman Utter. Upon a voice vote, all voting aye, Mayor L�ebl dec]ared the motion carried unanimously. � RE UEST FOR APPROVAL OF SIGN PERMIT AND WAIVING FEE: APPROVAL OF LEASE AGREEMENT �OUNDATION FOR ISLANDS OF PEACE, INC. : . MO7ION by Councilman Utter to approve the sign permit as requested by the Foundation for the Islands of Peace, Inc., waiving the fees. Seconded by Councilman Breider. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. MOTION by Councilman Breider to table the consideration of the lease agreement. Seconded by Councilman Utter. Upon a voice vote, aii voting aye, Mayor Liebl dec7ared the motion carried unanimously. CONSIbERATION OF APPROVAL OF A FRONT YARD SETBACK VARIANCE FROM 35 TO 20 F E, 56 I ON ON STREET .., B ME I 8 K: MOTION by Councilman Nee to receive the letter requesiing the approval of a variance in front yard setback. Seconded by Councilman Utter. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. Councilman Breider said he did not feel the Council could do much in the form of action on the matter because a Pitblic Hearing was required. The City Engineer said the other area properties have the same setback. ' He suggested the Council concur with the action of the Board of Appeals at their meeting which would be the next evening or September 11, 1973. Mayor � Liebl stated he had no objections to the variance of the setback. , . . MOTION by Councilman.Nee to concur with the action of the Board of Appeals at the Public Hearing meeting of September 11, 1973. Seconded by Councilman Breider. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously and the recommendation of the Board would be concurred with. RECEIVING THE MINUTES OF THE PLANNING GOMMISSION MEETING OF AUGUST 22, 1973: CONSTOERATI�N �F A RFZONTNG REOUEST. ZOA 373-08.� BY NORTH SUBURBAN The City Engineer explained there would be no action necessary on this item because it had been continued at the Planning Commission leVel. CONSIDERATIQN Of A PROPOSED PRELIMINARY PLAT, P. S. #73-06, HARRIS AND n.— The City Engineer stated there was no action necessary at the present meeting. The item would be brought to the Council for Public Hearing at the next meeting of the Council for consideration of the final plat. • REQUEST BY JOHN DOYLE �6305 EAST RIVER ROAD): The City Engineer advised the Councii there was no action necessary on the item as it was to be reviewed by the Planning Cortanission and this would be done the following meeting of the Commission. BOARD OF APPEALS SECRETARY: : i . ,� . �� , , � � , i � � i � ' � � . . REGULAR COUNCIL MEETING OF SEPTEMBER 10, 1973 PAGE 11 The City Engineer pointed out that there would be no action needed on this or the remaining items on the Planning Commission minutes. MOTION by Councilman Utter to receive the minutes of the Planning Commission meeting of August 22, 1973. Seconded by Councilman Starwalt. tlpon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. RECEIVING THE MINUTES OF THE BUILDING STANDARDS-DESIGN CONTROL SUBCOMMITTEE � S 3 , 3: CONSIDERATION OF A REQUEST TO CONSTRUCT BUILDINGS FOR THE PURPOSE OF __ _ _ �.. � r.� rn n t] c C �• The City Engineer advised the Council that this item had been cancelled at the Planning Commission 1eve1. CONSIDERATION OF A REOUEST TO CONSTRUCT AN ADDITION FOR MANUFACTURING The City Engineer said the Subcommittee had recommended approval of ` the request with some stipulations. MOTION by Councilman Breider to concur with the recommendations of the Building Standards-Design Control Subcommittee and approve the request to construct an addition with the stipulations as recommended by the . subcommittee. Seconded by Councilman Starwalt. Upon a voice vote, r� all voting aye, Mayor Liebl declared the motion carried unanimously. MOTION by Councilman Utter to receive the minutes of the Building Standards- Design Control Subcommittee of August 30, 1973. Seconded b.y Councilman Nee. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. DISCUSSION ON MINI-BIKES AND OTHER RECREATIONAL VEHIGLE PROBLEMS AND POSSIBLE SOLUTIONS: Mayor Liebl informed the Council that the people in the area of the Sears property had called a meeting because they were concerned about the motorized traffic in the area. He added, a poll of the neighborhood had been taken to indicate whether or not they favored the continued use of the motor vehicles in the area. Mr. Che'ster C. Swanson, 226 69th Avenue N. E., addressed the Council and - asked if he may have a little time to present a history of cycling and the _ ; growing interest in the outdoor recreational use. He stated, this is not a local problem, but also a national problem and the enthusiasm for the sport is continually mounting. He added, because of the irresponsible operators of the recreational motorized vehicles, the neighbors and the other operators are suffering. He included the history of snow mobiling in the presentation to the Council, stating the uses are 5imilar and related. � Mr. Swanson listed some suggestions for possibls solutions to the problems as follows: 1. Leasing the property from Sears and regulating the recreational traffic in the area. 2. Creating a 200 foot buffer zone between the area to be used and the residential properties, 3. Create an access that will not invade the privacy of the area residents. ' _ � ' �� REGULAR COUNCIL MEETING OF SEPTEMBER 10, 1973 PAGE 12 4. Estabiish a policy of noise control stating that mufflers and silencers will be used so the noise will not exceed 92 decimals. 5. 7hat a committee be set up consisting of home owners on 69th, one representative of the cycling groups and snow mobile orgainization, and Mr. Paul Brown, Director of Parks and Recreation, and neutral party. 6. That a path to gain access be approved within the right of way portion of University Avenue, so the young people do not ride on the highway. 7. 7hat snowmobiles be allowed in the area in the winter months. Ne thought this would create an area that everyone cou]d use such as the public beach in the City. Mayor Liebl thanked Mr. Swanson for his presentation. He expressed concern stating some people would abuse the rights given, and these would be the people from out of town who do not realize the seriousness of the situatian. Mr. 7homas 0'Hara, 267 64th Avenue N. E., addressed the Council and said he was speaking for himself in the matter. He thanked those responsible for putting the item on the agenda for discussion. Mr. 0'Hara questioned if the City Engineer had made contact with the people from Sears on the possibility of leasing the property. Mr. 0'Hara explained according to the information he had obtained, the property could not be leased to the City for the use of mini-bikes, there is an agreement with sears which would prevent this usage. Ne added, Sears will not lease the property without the agreement of the property owners of the area and their approval of the usage. � Mr, 0'Hara listed the various surrounding communities which have banned the use of the recreational vehicles such as mini-bikes within their limits. He thought the Ciiy of Fridley is becoming the dumping ground for the surrounding communities who do not want this type of activity. Mr. 0'Hara said Columbia Heights and New Bri.ghton are the only communities in the area who allow the use of mini-bikes, but his must be with the permission of the property owner. He said he would ask the Council to forbid completely and entirely, the use of mini-bikes within the City. � Councilman Breider asked if this request would also include the use of snowmobiies? Mr. 0'Hara said he is not opposed to the use of snowmobiles. Counci7man Breider replied, those who are restricting mini-bikes would restrict motor vehicles and this would include snow mobiles. Mayor Liebl said the Legislature did not pass House File 2282 which wou�d regulate off-road recreationai vehicles. Mayor Liebl continued by saying the question in his mind was if the tax payers could afford the enforcement of such an activity. He questioned if the constitutional rights of the people �rould be effected and asked the City Attorney for his counsel. Mayor Liebl stated, if he wished to purchase a mini-bike, his neighbors could not stop him, he asked the power of the Council, couTd this type of decisian be overruled? The City Attorney explained there are two areas that would have to be considered: 1. The mini-bikes can be used on the public streets. 2. As Councilman Utter had raised, the point of the operation of the vehicle by a citizen of Fridley on private property withi» the City with the consent of the property owner would have to be �� considered. Re]ated to this aspect, he added, the condition of ., creating a nuisance would also have to be considered. � The City Attorney pointed out that perhaps an individuai could use his neighbors property if the neighbor did not object and he questioned the ' matter of obtaining written permission and how this would be handled in the courts. Ne advised the Counc�l that no court would convict a person for violating an ordinance if he had oral permission and not written permission from the property owner. � _ .. w • � � ' �J REGULAR COUNCIL MEETING -0F SEPTEMBER i0, 1973 PAGE 13 Mrs. 0'Hara addressed the Council and said she had been home for the better part of the day the day after the area was posted and about 11:00 a.m., there were three boys on bikes in the posted area. She added, these young persons must not.have been high school age. The gates are open and the area is posted she said. Five persons were operating bikes that afternoon and it is difficult for her to run into the field and tell the young people the area is posted everytime someone comes into the field she added. Mr. James Makie,200 N. E. Rice Creek Terrace, said he was concerned about . the fencing in the Rice Creek area and questioned if criminal hazard � charges could be brought if someone were hurt in this area. The children of the area had been walking across the tressel since the gate had been installed he reported. He thought this was creating a hazard and feared someone would be getting killed on the tressel. Mr. Makie indicated he � did not know who had installed the fence, but thought this to be a fatal mistake. � � 7he City Attorney said he would not buy this argument and explained the fencing was installed on private property with limited use, and those ! crossing the tressel would be trespassing. He said the only instance ; where this may not be correct is when a four or five year old who was not aware of the danger would cross the tressel. • Mr. Makie said he did not thin k the gates are the solution. He questioned if the area could be open to pedestrians, but closed to motorized vehicles. Mr, Laurance Anderson, 220 Rice Creek Blvd., said he would favor fencing � ' the area, but there are those who use the area to walk to church. He inquired if it would be possible to use fencing similar to that used on tennis courts because this could be done with a minimum cost and be very i simple to walk through. Mayor Liebl read the points of concern incorporated in the memo submitted . to the Council from the Acting C�ty Manager, Mr. Nasim Qureshi, and suggested .the points be studied and the item be brought to the Council in Qctober. 1 MOTION by Councilman Breider to direct the Parks and Recreation Commission I to study the matter, considering the five proposals in the memorandum from the Acting City Manager and that the matter of the fence on the Rice Creek • area be studied for a possible solution to the fencing of the area allowing ' i pedestrians, but prohibiting motorized vehicles. Seeonded by Councilman Starwalt. � � � � � J � The Acting City Manager said he would look into the matter of the fencing • and contact the Metro Sewer Board if necessary. CounciTman Starwait suggested Mr. 0'Nara and Mr. Swanson work with the ' Parks and Recreation Commission to come up with a satisfactory solution, Councilman Breider thought if the Sears property were not considered for the facility, there would be no reason for Mr. 0'Hara to take part in � the discussion for the solution. Mayor Liebl said he would like to find a piace that did not interfer with . the people in residentiaT areas, and this is a recreational matter and it . is the constitutfonal right of the operators'to be able to use the vehicle. . He added, if the operation does not step on other people's toes. He thought before there could be an ordinance considered, the cost of the enforcement of the ordinance should be evaluated. Mr. Bud Hamilton, 181 Rice Creek Terrace, said he thought the Sears area was the wrong area. The motorized vehicles would create a nuisance in , this area. � � Councilman Breider said the Parks and Recreation Commission should study the possibilities. Mayor Liebl agreed and stressed they should look at the five points in question in the memo from the Acting City Manager. UPON A VOICE VOTE, ALL voting aye� Mayor Liebt declared the �otion carried unanimously. � REGULAR COUNCIL MEETING OF SEPTEMBER 10, 1973 PAGE 14 Mayor.Liebl said the matter would be discussed at the September 24, 1473, meeting of the Parks and Recreation Commission. � RECEIVING THE MINt1TES OF TNE PARKS AND RECREATION COMMISSION OF JUNE 11, 1973: MOTION Councilman Breider to receive the minutes of the Parks and Recreation Commission of June ii, 1973. Seconded by Councilman Utter. Upon a voice , vote, all voting aye, Mayor Liebl declared the motion carried unanimously. Counciiman Nee questioned receiving the minutes of the June 11, 1973 meeting when it was,presently the lOth of September. He said people had questioned him about items and he is unable to answer their questions. The Acting City Manager said a special effort is being made to complete the transcription of the minutes within five days. RECEIVING THE MINUTES OF THE PARK AND RECREA7ION COMMISSION OF JUNE 18, 1973: MOTION by Councilman Breider to receive the minutes of the Parks and Recreation Commission meeting of June 18, 1973. Seconded by Counci7man Utter. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried uanimously. RECEIVING THE MINUTES OF 7HE MOORE LAKE TASK FORCE STUDY GROUP OF JULY 17, 1973: MOTION by Councilman Breider to receive the minutes of the Moore Lake Task Force Study Group of July,17, 1973. Seconded by Councilman Starwalt. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. RECEIVING THE NOTE FROM THE HUMAN RELATIONS COMMITTEE FROM AUGUST 23, 1973: M07ION by Councilman Breider to receive the note from the Human Relations Committee from August 23, 1973. Seconded by Councilman Utter. Upon a voice vote, ali voting aye, Mayor Liebl dec7ared the motion carried unanimously. RECEIVING BIDS AND AWARDING CONTRACT FOR S7REET IMPROVEMENT PROJECT ST. 1972-1A: Progressive Contractors, Inc. $75,578.00 Box 368 Osseo, Minnesota 55369 C. M. McCrossen Box 322 Route 2 Osseo, Minnesota 55369 Arcon Construction Mora, Minnesota McCree and Company 1145 West 7th Street St. Paul, Minnesota 55102 $113,841.60 No Bid $96,552.20 Woodrich Construction Co. $79,371.80 County Road 3& 18th Avenue South Hopkins, Minnesota 55343 ' . Arnold Beckman, Inc. $99,872,45 9649 Numboldt Avenue South Bloomington, Minnesota 55437 MO7ION by Councilman Breider to receive the bids for ST. i972-1A. Seconded by Councilman lltter. Upon a voice vote, a�] voting aye, Mayor Liebl declared the motion carried unanimously. � MOTION by Councilman Utter to award the contract for Street Improvement Project 5T. 1972-1A to Progressive Contractors, Inc., Box 368, Osseo, Minnesota 55369, in the amount of $75,578. Seconded by Councilman Breider. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. : � , ' .� REGULAR COUNCIL MEETING OF SEPTEMBER 10, 1973 PAGE 15 CONSIDERATION OF RELEASE Of TWO LOTS HELD BY CI7Y COUNCIL FOR PARK AND DRAINAGE PURPOSES NEXT TO RICE CREEK RO D D CEN L V UE: 7he City Engineer said if the property is not needed for park purposes, there is still a need for some drainage easements on the property. ' A representative from the Fridley V. F. W, addressed the Council and asked if the City could obtain the property and seli it to the organization after this. Mayor Liebi said he thought the organization should buy the property and then come back to the Council. MOTION by Councilman Breider to release the property on the corner of , Mississippi and Rice Creek Road being held by the County for the City of Fridley for park purposes and authorize the County to setl the property with the stipulation that there be drainage easements on the parcels. j Seconded by Councilman Utter. Upon a voice vote, ail voting aye, Mayor Liebl declared the motion carried unanimously. RECEIVING AUQIT REPORT FROM G£ORGE M. HANSEN COMPANY FOR THE YEAR ENDING DECEMSER 31, 1972: MO7ION by Councilman Breider to receive the report from George M. Hanson Company for the year ending December 31, 1972. Seconded by Counciiman Utter. Upon a voice vote, a11 voting aye, Mayor Liebl declared the motion carried unanimously. • DISCUSSION ON MINI-8IKE5 OTHER MOTORIZED RECREATIONAL VEHICLE PROBLEMS A D PQSSIBLE SOLUTIONS: Mayor Liebl said this item had been taken care of earlier in the meeting. RESOLU7ION #116-1973 - CONFIRMING ASSESSMENT fOR STREET IMPROVEMENT PROJECT S . 19 2-1: MOTION by Councilman Breider to adopt Resolution #116-1973 confirming the assessment for street improvement Project S7. 1972-1. Seconded by Councilman Nee. Upon a roll call vote, all voting aye, Mayor Liebl declared the motion carried unanimously. RESOLU7ION #117-1973 - CONFIRMING ASSESSMENT �OR STREET IMPROVEMENT PROJECT S7. 1972-2: MQTION by Councilman Breider to adopt Resolution #117-1973 confirming assess- ment for Street Improvement Project ST. 1972-2. Seconded by Councilman Utter. Upon a voice aote, all voting aye, Mayor Liebl declared the motion carried uanimously. RESOLUTION #118-1973 - DIRECTING PREPARATION OF ASSESSMENT ROLL FOR WATER D S I ARY SEWER, AND ST RM SEWE IMPR EMENT PR JEC N0. 1: MQTION by Councilman Utter to adopt Resolution #118-1973 directing preparation , of assessment roll for water, sanitary sewer and storm sewer Improvement Project No. 112. Seconded by Councilman Nee. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. RESOLUTION #119-1973 - DIRECTING PUBLICATION OF HEARING ON PROPOSED ASSESSMENT R LL FOR WATER, SANITARY SE ER, ND S RM SE4ER IMP VEME P E �� MOTION by Councilman Nee to adopt Resolution #119-1973, directing the publication of hearing on proposed assessnents for water, sanitary sewer, and storm sewer Improvement Project No. 112. Seconded by Councilman Breider. Upon a voice , , vote, all voting aye, Mayor Liebl' declared the motion carried unanimously. � RESOLUTION #120 - DIRECTING PREPARATION OF fINAL ASSESSMENT ROLL FOR IMPROVE- J C 9 SER E C C I S: � ' MOTION by Councilman Breider to adopt Resolution #120-1973, directing prepar- ' at9on of final assessment roll for Improvement Project 1973 Service Connections. 5econded by Councilman Starwalt. Upon a vo�ce vote, all voting aye, Mayor Liebl declared the motion carried unanimously. ' � ' , ' ' ' ' . , 1 ' . ' ' ' ' ' ' i REGULAR COUNCIL MEETING OF SEPTEMBER 10, 1973 PAGE 16 RESOLUTION #121-1973 - DIRECTING PU$LICATION OF HEARING ON PROPOSED ASSESSMENT • R L F 3 SE ICE� C ECTI S: � , MOi'ION by Councilman Breider to adopt Resolut9on #72]-1973 directing publication of hearing on proposed assessment ro17 for 1973 Service Connect�ons. Seconded by Councilman Starwalt. Upon a voice vote, all voting aye, Mayor Leibl declared the motion carried unanimously. � -1973 - OF TEMPORARY IMPROVEMENT 80NDS MO7ION by Councilman Breider to adopt Resolution #122-1973 directing the issuance of temporary improvement bonds in accordance with laws of 1957, Chapter 385 for Sanitary Sewzr, Water and Storm Sewer Improvement Project No. 102. Seconded by Councilman Utter. Upon a voice vote, ali voting aye, Mayor Liebl declared the motion carried unanimously. RESQLUTION #123-1473 - DIRECTING THE SALE ANb PURCHASE OF TEMPORARY IMPROVE MOTION by Councilman Breider to adopt Resolution #123-1973 directing the sale and purchase of temporary improvement bonds in accordance with laws ' of 1957, Chapter 385 for Sanitary Sewer, Water and Storm Sewer Improvement Project No. 102. Seconded by Councilman Nee. Upon a voice vote, all voting aye, Mayor Lieb] declared the motion carried unanimously. RESOLUTION #124-1973 - DIRECTING THE ISSUANCE OF TEMPORARY IMPROVEMENT BONOS IN ACCO DANCE WITH LAWS OF 1957, CNAPTER 385, STREET IMPROVEMENT PROJECT N0. MQTION by Councilman Breider to adopt Resolution �124-1973 directing the issuance of temporary improvement bonds in accordance with laws of 1957, Chapter 385, for Street Improvement Project No. 1973-1 and ST. 1973-2. Seconded by Councilman Starwalt. Upon a voice vote, all voting aye, Mayor Liebi declared the motion carried unanimously. � RESOLU7ION #i25-i973 - DIRECTING THE SALE AND PURCHASE OF TEMPORARY IMPROVEMENT MOTION by Councilman Utter to adopt Resolution #125-1973 directing the saie and purchase of temporary improvement bonds in accordance with laws of ]957, Chapter 385, for Streei Improvement Project ST. 1973-1 and ST. 1973-2. Seconded by Councilman Nee. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. RESOLUTION #126-1973 - MAKING A TRANSFER FROM THE PUBLIC UTILITY FUND 91 ENT MOTION by Councilman Nee to adopt Resolution #126-1973. Seconded by Councilman Breider. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. • APPOINTMEN7S: CITY EMPLOYEES: . NAME POSITION SALARY EFFECTIVE DATE REPLACES Evelyn Loomis Clerk-Typist� $450 per August 30, 1973 Elinor Thoennes 6455 VanBuren • Fire Dept. month Fridley, Minnesota MOTION by Councilman Utter to appoint Ms. Evelyn Loomis, Clerk-Typist in the Fire Department effective August 30, 1973. Seconded by Counclman Breider. Upott a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. • 92 REGULAR COUNCIL MEETING OF SEPTEMBER 10, 1973 PAGE 17 APPOINTMENT: BOARD OF APPEALS: HUMAN RELATIONS COMMITTEE: MOTION by Councilman Breider to table the appointment to the Board of Appeals. SeQOnded by Councilman Utter. Upon a voice vnte, all voting aye, Mayor Liebl declared the motion carried unanimously. MOTION by Councilman Starwalt to appoint Mr. Robert C. Erickson, 5950 Benjamin St. N. E., 789-0365, to the Human Relations Gommittee until Apri] 7, 1974. Seconded by Councilman Nee. Upon a voice vote, all voting aye, Mayor Lieb7 declared the motion carried unanimously. CLAIMS: GENERAL 33005 - 33189 LIQUOR 8122 - 8180 MOTION by Councilman Starwalt to approve the claims. Seconded by Councilman Breider. Upon a vofce vote, ail v.oting aye, Mayor Liebl declared the motion carried unanimous7y. LIC�NSES: MUL7IPLE DWELLING UCENSES: OWNER ADDRESS UNITS FEE APPROVED BY Bruce B. Brazil ' 5770 2nd St. N. E. 8 $15.00 R. Aldrich 5978 4ih St. N. E. Fire Prev. Fridiey, Minnesota Spencer J. Sokolowski 5801 2nd St. N. E. 4 15.00 R. Aldrich for Berton Cross Fire Prev. 5801 Znd St. N. E. Fridley, Minnesota 4 15.00 R. Aldrich John Kassulker 6530 2nd St. N. E. Fire Prev. �Rt. 2, Box 124 Onamia, Minnesota Sidney & Donna Dahl 6551 2nd St. N. E. 7 15.00 R. Aldrich 5210 Buchanan St. N.E. � Fire Prev. Gary G. Novak 5820 22 St. N. E. 4 15.00 R. Aldrich 5315 4th St. N. E. Fi.re..:Prev. John D. Miller• 4965 3rd St. N. E. 11 16.00 R. Aldrich 47 Rice Creek Way Fire Prev, Fridley, Minnesota Francis de Ridder 5320 4th St. N.E. 4 15.00 R. Aldrich 7917 37th Avenue N. Fire Prev. New Hope, Minnesota Richard Welk 5974 3rd St. N.E. 4 15.00 R. Aldrich 4090 Decatur Ave. N. . Fire Prev. � New Hope, Minnesota � Vernon L. Dean 5347-49 4th St. N.E. 3 15.00 R. Aldrich 11600 Kentucky Ave. N. Fire Prev. Champlin, Minnesota . LaVerne M. Bauer 5800 4th St. N. E. 4 15.00 R. Aldrich 2217 40th Avenue•N. E. Fire Prev. Minneapolis, Minnesota Glenn Mostoller 5420 5th St. N. E. 4 15.00 R. A]drich 7632 Bryant Ave. S. Fire Prev. Richfield, Minnesota � _r a REGULAR COUNCIL MEETING OF SEPTEMBER 10, 1973 MULTIRLE DWELLING LICENSES CONTIN�ED: NAME OF OWNER A�DRESS —�--�— Irving S. Efron 262 57th Place N.E. 3025 S. Salem Ave. Minneapolis, Minnesota Holmquist Enterprises 450 �5th Ave. N. E. 3608 Admiral Lane Minneapolis, Minnesota Nolmquist Engerprises 476 75th Ave, N. E. 3608 Admiral Lane Minneapolis, Minnesota Irving Gunderson 5960-5989 Anna St. 598Q Anna Ave. N. E. PAGE 18 UNITS FEE APPR�VED BY 8 $15.00 R, ATdrich Fire Prev. 11 11 33 Fr�dley, M�nnesota Capital Contracts, Inc. 5701 Central Ave. N. E.32 Z40 S. Cieveland � St. Paul, Minnesota Maurice M. Filister 5640 East River Rd. �� 5750 East River Road Maurice M. Filister 5660 East River Rd. 5750 East River Road ; Maurice M. Filister 5680 East River Rd. 5750 East River Road 0 4Z 42 42 Maurice M. Filister 5720 East River Rd. 42 5750 East River Road �Maurice M. Filister 5740 East River Rd. 42 5750 East River Road Maurice M. Filister 5760 East River Rd. 42 5750 East River Road Maurice M. Filister 5780 East River Rd. 5750 East River Road Maurice M. Filister • 5800 East River Rd. 5750 East River Road Maurice M, Filister 5820 East River Rd, 5750 East River Road Maurice M. Filister 5840 East River Rd. 5750 East River Road Maurice M. Filister 5860 East River Rd. � 5750 East River Road ' . Capital Contracts, Inc. 5950 East River Rd. 790 S. Cleveland St. Paul, Minnesota . 42 42 42 42 42 12 Nirsch Brothers 6550 East River Rd. 140 9120 Neill Lake Rd. Eden Prairie, Minnesota Ronald Shelton 140 Mississippi P1. 8706 Grospoint Ave. S. Cottage Grove, Minnesota Capital Contracts, Inc. 995 Lynde Drive 790 S. Cleveland - Si. Paul, Mi�nesota 4 32 16.00 R. Aldrich F3re Prev. 16.00 R. Aldrich Fire Prev. 38.00 R. Aldrich Fire Prev. 37.00 R. Aldrich Fire Prev. 47.00 R. Aldrich Fire Prev. 47.00 R. Aldrich Fire Prev. 41.00 R. Aldrich Fire Prev. 47.00 R. Aldrich: �ire Prev. 47.00 R. Aldrich Fire Prev. 47.00 R. Aldrich Fire Prev. 47.00 R. Aldrich Fire Prev. 47,00 R. A7drich Fire Prev. 47.00 R. Aldrich Fire Prev. 4I.00 R. Aldrich Fire Prev. 47.00 R. A7drich Fire Prev. 17.00 R. Aldrich Fire Prev. 146.00 R. Aldrich Fire Prev. 15.00 R. Aldrich Fire Prev. 37.00 R. Aldrich Fire Prev. 93 �� .. — --- - - � . - _ - _ _ ___ _ ,_� 94 � REGIlLAR COUNCIL MEETING OF SEPTEMBER ]0, ]973 PA�E 19 MULTIPLE DWELLING LICENSES CONTINt1ED: NAME OF OWNER ADDRESS UNITS FEE APPROVED BY Eugene Lashinski 4030 Main St. N. E. 4 $15.00 R. ATdrich 1035 Po1k PTace N. E. Fire Prev. A. C. Mattson ]20 Mississippi Place 4 15.00 R. Aldrich � 6320 Riverview Terrace ' Fire Prev. A. T. Gearman 5650 Polk St. N. E. 32 37.00 R. Aldr,ich 6225 University Ave. N. E. Fire Prev. Fr�dley, Minnesota Richard H. Veth 6071 3rd St. N. E. 3 15.00 R. Aldrich 6071 3rd St. N. E. Fire Prev. Fridley, Minnesota Otto G. Westenfie7d 110 61st Ave. N. E. 8 15.00 R. Aldrich 5830 5th St. N. E. Fire Prev. Fridley, Minnesota Elbert Staples 321 79th Way N. E. 4 15.00 R. Aldrich 1716 E. 58th St. Fire Prev. Minneapolis, Minnesota . . Leonard Jacobsen 6379 Highway #65 8 15.00 R. Aldrich 1408 Frankson Ave. Fire Prev. ' St. Pau1, Minnesota ; � I CIGARETTE: BY APPROVED BY FEE � .____.� , � _ � ' Casino Royale 6225 Highway 65 N. E. Francis L. Mager Publ�c Safety Director $12.00 Fridley, Minnesota � PUBLIC DRINKING PLACE: � ' I { Casino Royale Francis L. Mager Aublic Safety Director $700.00 ' 6225 Nighway 65 N. E. � Fridley, Minnesota TAVERN: Casino Royale Francis L. Mager Public Safety Director $12.00 ' 6225 Highway 65 N. E. ' i Fridley, Minnesota ON SALE BEER: Casino Royale Francis L. Mager Public Safety Director $120.00 6225 Highway 65 N. E. Fridley, Minnesota - � FOOD ESTABLISHMENT: J ! Casino Royale Francis L. Mager Community Development Adm. $16.64 6225 Highway 65 N. E. • � prorated Fridle Minnesota - � � Y+ MOTIQN by Councilman Utter to approve the licenses. Seconded by Councilman Breider. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. Mayor Liebl said the establishment now called the Casino Royale has new ownership and will be called Pollies. � I i RE�ULAR COUNCIL MEETING OF SEPTEMBER 10, 1973 � _ � PAGE 20 CONSIDERATION OF A REQUEST BY TO7IN0'S FOODS, INC., FOR A TEMPORARY TRAILER PERP1I F R PERIOD OF ONE YE B SE S FFICE: MOTION by Councilman Utter to approve the trailer permit for Totino's Foods. Seconded by Councilman Starwalt. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. ESTIMATES: Keyway Bui]ders, Inc. 255 Highway 55 Hamel, Minnesota 55340 . PAR7IAL Estimate #6 for Fridley Liquor Store from June 23, ]973, to August ]0, 1973 $ 10,149.83 George M. Hansen Company 175 South Plaza Building Minneapolis, Minnesota 554i6 1972 Audit for City of Fridley 3,700.00 Village of New Brighton 803 5th Avenue N. W. New Brighton, Minnesota 55112 Fridley's Share of Improvement of Stinson Blvd. 16th Street to 18th St. N. W. (ST. 1972-1) 27,753.87 A11ied Blacktop Company 3601 48th Avenue N. Minneapolis, Minnesota 55429 1,594.31 FINAL Estimate #2 for"Street Improvement Froject ST. 1973-10 (Seal Coat) according to contract Progressive Contractors, Inc. Box 368 Osseo, Minnesota 55369 Partial Estimate #8, Street Improvement Project ' ST. 1972-2 �MSAP) ' 94,266.56 Partiai Estimate #9, Street Improvement Project ST, i972-1 24,802.32 Carl Newquist, Prosecutor Smith, Juster, Feikema, Haskvitz & Casserly BuiTders Exchange Building Minneapolis, Minnesota 55402 For services rendered as Prosecutor - August 1,695.00 M07ION by Councilman Utter to approve the estimates. Seconded by Councilman Nee. Upon a voice vote, alT voting aye, Mayor Lieb7 declared the motion carried unanimously. COMMUNICATIONS: � SUBURBAN LEAGUE OF MUNICIPALITIES: JOINING LEAGUE: Mayor liebl thought that this would be a waste of time with the City already a member of �iwo such Leagues. He said they are members of the Metro League and State League and he did not think the City would have the money to join another league. He added, he did not believe another comnunity in Anoka County beionged to the League. Councilman�Breider said he would not want the budget to increase for this membership� and he thought there was too much money going to the various leagues at the present time. 95 � _ __ _ - - -_. _ _ _� _ _ , � � I �� •� � . . > � ' . . �� i i � 96 � REGULAR COUNCIL MEETING OF SEPTEMBER 10, 1973 PAGE 2i Councilman Utter agreed and said he would not want to budget any money for membership in the Suburban League. Councilman Breider said if the City were involved in too many leagues, nothing would be done. MOTION by Councilman Breider to not join the Suburban League. Seconded by Counciiman Utter. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. SCHOOL DISTRICT #14: NORTH PARK: MOTION by Counciiman Utter to receive the communication from the School District #14 dated August 22, 1973. Seconded by Councilman Breider. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously.. SCHOOL DISTRICT #11: NORTH PARK: MOTION by Councilman Utter to receive the communication from School District #11 dated September 6, 1973. Seconded by Councilman Nee. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimoas7y. COLUMBIA HEIGNTS: JOINT HIRING OF tEGISLATIVE LIAISON: Mayor Liebl said tie has had a change of mind on the matter since it was discussed previously and he feels the City would get more out of the Metro League than they would from the hiring of another Leg9slative Liaison. Councilman Utter said there had been an expendature of $750 last year for this purpose. The City Attorney said this was a very small amount. Councilman Starwalt said it has seemed like a good idea at the time. MOTION by Councilman Utter to withdraw from the joint hiring of the Legislative Liaison for the 1974 session of the Legislature and that the City Manager .prepare a letter of intent to Columbia Heights on the matter. Seconded by Councilman Starwalt. Councilman Breider said he thought this system would work effectively + iffihe specific person was sought for the specific issue in question. The , City Attorney expressed concern that the Council may be closing the door � for the future when the services may be needed. Mayor Liebi said the City i did not have the money. Mayor Liebl said the City obtains most of the needed information from the ; Metro League and had not obtained much from Mr. Kennedy. UPON A VOICE VOTE, ail voting aye, Mayor Liebl declared the motion carried � unanimously. Mayor Liebl said no money was to be budgeted for this purpose. � METRO COUNCIL: RESCNEDULED MEETING WITH COUNCII: , MOTION by Councilman Utter to receive and concur in the communication from . the Metro Council dated August 29, 1973. Seconded by Councilman Breider. Upon a voice vote, all voting aye, Mayor Liebl deciared the motion carried ' unanimously. CITY OF MINNEAPOLIS: • AND CAMDEN BRIDGE: STATE OF MINNE50TA: MOTION by Councilman Utter to receive the communication from the City of Minneapolis dated August 29, 1973 and the cortmunciation from the State of Minnesota dated August 30, i973, both regarding the Camden Bridge. Seconded by Councilman Breider. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. _� 97 REGULAR COUNCIL MEETING OF SEPTEMBER 10, 1973 PAGE 22 METRO COUNCIL: APPOINTMENT OF ADMINISTRATIVE ASSISTANT FOR COMMUNICATION ITH LOCAL ELECTED OFFICIALS: MOTIQN by Councilman Utter to receive the communication from the Metropolitan Council dated August 29, 1973 regarding the appointment of an Administrative . Assistant. Seconded by Councilman Starwalt. The Acting City Manager said this was an attempt on the part of the Metro Council to improve communications with the various municipalities. This would enable communities to call and get needed information and obtain help with the various problems. UPON A VOICE VOTE, all vating aye, Mayor Liebl declared the motion carried unanimously. SCHOOL DISTRICT #16: NORTH PARK: M07ION by Councilmap Breider to receive the communication from School District #16 dated September 6, 1973 concerning North Park. Seconded by Counciiman Nee. Upon a voice vote, al] voting aye, Mayor L�ebl declared the motion carried unanimously. . F. FRIEND: WHAT IS MY OPINION REALLY WORTH?: MOTION by Councilman Utter to receive the communication from Ms. Miriam F. Friend with no date. Seconded by Councilman Breider. Upon a voice vote, a71 voting aye, Mayor Lieb] declared the motion carried unanimously. Mayor Liebl said he would answer the letter if the Council concurred. NATIONAL LEAGUE OF�CITIES: RPPOINTMENT OF MAYOR LIEBL TO COMMITTEE ON MUNICIPAL GOVERNMEN AND ADMINISTRA ION: a_„�— '— d CN`�.. MOTION by Councilman Nee to receive the communication from the National League of Cities dated August 31, 1973 regarding the appointment of Mayor Liebl to the Corronittee on Municipal Government and Administration. Seeonded by Councilman Breider. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. CONSIDERATION OF AN ORDINANCE DESIGNATING CREEK AND RIVER PRESERVATION DISTRICT Mayor Liebl sajd this ordinance wouTd protect those in the flood piain by allowing them to obtain insurance aqainst flooding. The City Engineer said the City would have 120 days to comply with the request from the State and adopt the ordinance. He said the City would have to adopt the ordinance to enable the people to get flood insurance. He said they had expected this deadline and had made some modifications in the proposed ordinance. Councilman Utter stated there may be some difficulty selling structures within the flood plain. ' . Councilman Breider thought it would be better to be able to obtain insurance then to not have anything at all. He added, if the property were in the Creek bed, the people would not be able to obtain a ioan on it. Councilman Utter questioned if an open meeting would be needed before the adoption of the nrdinance. The City Attorney advised the Council a public hearing would be needed because this was a case of rezoning. MOTION by Councilman Nee to table the matter until the next meeting of the Council When a public hearing would be set. Seconded by Councilman Utter. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. � _ __ _ __ _ _ _ _ _ _ _ . _. 1 , � . I � i � � , , - � 1 . _ _. , _ ---..11 98 . . REGULAR COUNCIL MEETING OF SEPTEMBER 10,.1973 PAGE 23 SETTING A DATE FOR A WORKSHOP BUDGET MEETING OF THE CITY COUNCIL: Counci]man Utter suggested the workshop meeting on the budget be scheduled for the following Tuesday evening, September 18, 1973 at 7:30 p.m. Mayor Liebl said the meeting would be in th� Community Room. ADJOURNMENT: � MOTION by Councilman Breider to adjourn the meeting. Seconded by Councilman Nee. Upon a voice vote,all voting aye, Mayor Liebl declared the motion • Carried unanimousiy and the Regular Meeting of the Fridley City Counci] of September 10, 1973 adjourned at 12:02 a.m. Respectfully submitted, . �� .�v�-� Patricia Ellis Secretary to the City Council Frank G. Lieb1, Mayor ate pprove ' ' _� ' ' ` � � � � � .. • 1 :- - � � � ,I � � � - � . �1 �� ; . 1 . � � � � - - I � � . . . . � � : � � THE MINUTES OF THE PUBLIC HEARING MEETING OF SEPTEMBER 17, 1973 � � i � � �� 1� . : 1� . 1 1 � � . ! . . 1 1 . . / � I � � . i � . i ,. THE MINUTES OF THE PUBLIC NEARING MEETING OF THE FRIDLEY GITY COUNCIL, SEPT. i7, 1973 The Public Hearing meeting of the Fridley City Council was calied to order at 7:35 p.m., September 17, 1973, by Mayor Liebl, PLEDGE OF ALLEGIANCE: Mayor Liebl led the Council and the audience in saying the Pledge of Allegiance to the Flag. ROLL CALL: MEMBERS PRESENT: MEMBERS ABSENT: ADOPTION OF AGENDA: Nee, Breider, Starwalt, Liebl, Utter None. Mayor Liebl said he would like to add a communication from the National League of Cities concerning the appointment of Councilman Breider to the Public Safety Committee. Councilman Breider said he would like to add an item under New Business, bringing back from table the rezoning request by Mr. Robert Schroer concerning the property north of 79th Avenue N. E. MOTION by Councilman Starwalt to adopt the agenda as amended. Seconded by Councilman Utter. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. VISITORS: PROGRESS REPORT ON LOGIS BY TED WILLARD: � ' Mr. Willard addressed the Council and presented a brief summary of the LOGIS program and an explanation of the title to the Council and audience. Mr. Willar.d said Fridley had contributed $26,000 to the program and this community was one of 10 members. Fridley had been choosen to act as the Pilot City for the program six months ago. He said the reason for this choice was mainly because of the knowledge of the City Manager and the smooth running administration in Fridley. He added, some member communities are not fortunate enough tp have such an administration. Mr. Willard explained the cost targets have been met and he would appraise the program as an unqualified success. He added, the system and the City , of Fridley were fortunate to be able to create the test system before entering into a contract. He said the cooperation of the Fridley staff has , been a major determinate in the success of this venture. Mayar Liebl commented he understood that the work was right on schedule and � the program is progressing just as it was anticipated. Mr. Willard agreed and said the_system has accomplished something that has never been done in the past by any other group. � , � � Mr. Richard Narris, 6200 Riverview Terrace N. E., asked if there was a ' determined amount that the system had saved the City of Fridley. Mr. Willard explained the amount put into the system by Fridley was at this point an out ' of pocket expense and has been matched by the other corranunities involved , and also the Metropolitan Council. He thought at this time, it would not be possible to calcuiate the savings. He added, the system has made it possible , to provide much more accounting background and provide data for services j and cost studies. He said in time the use of the computer would stablize the cost and make it.possible to acquire more information. Mr. Harris asked if the City feels they are not getting the benefit of the system, are they tied to it? Mr. Willard pointed out any member may withdraw from the group at any time. He said there will be no decisions made until the facts are obtained. Mayor Liebl thanked Mr. Willard for his presentation. ' � . _ _ __ . � - - - - -- _ I� I � , . ' , � � �, PUBLIC HEARING MEETING Of SEPTEMBER 17, 1973 PAGE 2 MR. JONN DOYLE: MR. JEFF CARSON, A7TORNEY FOR MR. DOYLE: Mr. Carson, Attorney for Mr. Doyle, addressed the Council and asked if the item concerning Mr. Doyle would be on the agenda that evening. He said he would like it scheduled for (vovember 3, 1973 if possible. He believed the matter would have to be reviewed by the PTanning Commission before the Council reviewed it. Mayor Liebl said the members of the Council had received a report from the Acting City Manager on the matter, but there was no mention of the matter on the agenda. Mr. Doyle asked which meeting this item would be considered at. Councilman Utter thought this would be done at the October 15, 1973 meeting and would be Tate in the month because of the legal ho7iday. Mayor Liebl advised Mr. Doyle's Attorney to get in touch with the City Attorney and try and work out something that would be agreeable. MR. EDWARD FITZPATRICK: 5273 HORIZON DRIVE: Mr. Fitzpatrick addressed.the Counci] and said he was speaking for himself and on behalf of some citi_zens of the City of Fridley and would like to request the City to make a formal request to the Metropolitan Airport Commission for the use of Janes Field for a Fridley golf course. He said if this is done, the portion of the property should be specific to enable the M.A.C. to respond to the request. Mr: Fitzpatrick said he was concerned if there would be no feasible way � ` to develop a nature center at this time, he would like the site of North Park to be preserved for future generations in its present form. Mr. Fitzpatrick said he would like the recommendations in the Brauer Report io be investigated, and one of the recommendations was to determine the possible � � use of Janes Field as a site for a Fridley golf course. Councilman Nee said he had read the report and thought there was a possibility . of talking to Blaine about the recommendation. He explained this had been avoided because of a political problem, but this probiem no longer exists. He thought a majority of the elected officials in Blaine would favor such an idea. l ' Councilman Utter recalled the City of Fridley had already contacted Blaine i and they said they were open to the idea of the golf course in Blaine. He added, they could not give the City of Fridiey an okay, the City of Fridley would have to go to M.A.C. • Councilman Nee questioned if this would take a formal request, with the request being submitted to both bodies. ' Mr. Fitzpatrick said if the same information is submitted to both places, the City of Fridley would be in good faith with Blaine. Councilman Utter asked if it would be possible to make an applira tion to the Metropolitan Airport Commission with an attachment and copy to the City of Blaine for � their remarks. He added, the entire application and the remarks of the City of Blaine could be submitted to M.A.C. Councilman Utter said the . report's recommendati�ns had 7isted this possibility, and he did not . see what harm a request could do. ' � Mayor Liebl asked if it would possible to draw up such communications and submit them for review as regular agenda items at the next meeting of the Council. He thought this could be best taken care of if it were placed on the agenda for the next meeting of the Council. He emphasized the point that some elements of the community may be discouraged if the matter were taken care of when it did not appear on the agenda. He stressed � the importance of considering the matter in a way that would not be discourteous to a neighboring community. Mayor Liebl contirlued saying the � matter should be worked on by the staff and not handled during the visitors section of the meeting and at the spur of the moment. MOTION by Councilman Nee to instruct the staff to prepare an application to the Metropolitan Airport Commission inquiring about the possibility� � ' , , ( I01 PUBLIC NEARING MEETING OF SEPTEMBER 17, 1973 PAGE 3 ' feasibility and terms they would allow the City of Fridley to construct � a golf course on the Janes Field site on the Highway or site described as number one, and that the communications and application would also be directed to the City of Blaine, and that the communications be considered at the next meeting of the Council. Seconded by CounciTman Starwalt. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried ; unanimously. PUBLIC HEARINGS: PUBLIC HEARING ON ASSESSMENT FOR SAtdITARY SEWER, WATER, AND STORM SEWER IMPROVEMENT PROJECT N0. 103: ' MOTION by Councilman Nee to waive the reading of the Public Hearing notice � and open the Public Hearing. Seconded by Councilman Utter. Upon a voice vote, all voting aye, b1ayor Liebl declared the motion carried and the Public Hearing on Assessment for Sanitary Sewer, Water, and Storm Sewer Improvement Project No. 103 opened at 8:47 p.m. , The City Engineer explained this area included the Innsbruck North area and would involve the residential area, townhouses and apartment areas. The City Engineer recalled the developer had requested the area be assessed � for the improvements by unit rather than by frontage to enabie him to determine the amount for each property and include it in the purchase price . of the residence. He said the amount for each residence for water laterals -� would be $1,049.99 and the cost of the water service would be $290.23. � The City Engineer continued saying the price of the sewer laterals and the � �� sewer service had been combined and this was $1,018.39 per lot. He explained ihe addition of the three figures wouid give the amount of the total assessment for the residential properties, The City Engineer said the assessments were . pending, and the amount to be paid by the home owner would depend on the � individual's agreement with the developer. Mayor Liebl said this information would be found in the purchase agreement, and may be included in the overall - price of the home. , A resident of ihe area asked if there would be any more assessments in the future. The City Engineer advised the resident there had been an assessment of $2,821.81 for the street improvement and had been brought to the Council for a Public Hearing the previous week. The resident asked if this , •. � combination would comprise the total assessment. The City Engineer expTained that there would be a storm sewer assessment and this would be taken care , of later in the meeting. ' � LJ � � � The City Engineer continued his explanation of the assessments of the area and said the R-3 units which include the townhouses and the apartments were also handled on a per unit basis. � Council�nan tJtter pointed out the sewer service for the townhouses would be $101.47 per townhouse unit and this had been done at the request of the i developer. � The City Engineer said it would be difficult to compare the service obtained and used by the residential properties and the multiple units. Mr. Mervin Herrmann, Assessor, said the townhouses would be paying $45.86 per un.it for the water lateral and the apartments would be paying $14,002.28 per buiTding for the sewer lateral. Mr. Herrmann continued saying the oversizing of the pipe was being assessed to the multiple units and not to the residential ' property. � The City Engineer went on to explain the rate of assessment for the storm sewer assessments. He said the first area would be $3.82 per 100 square . feet and the area in the second section would be $1.69 per 100 square feet. Ne said there was work done down stream by the developer and this is the , reason for the lower rate in the second section. Councilman Nee questioned the installation of the improvements on Arthur Street and said he did not believe there had been a petition for the improvement in this area. Mayor Liebl asked the City Engineer if this improvement was necessary. The City Engineer explained if the area is 102 � I , � PUBLIC HEARING MEETING MEETING OF SEPTEMBER 17, 1973 PAGE 4 developed, the facilities must be provided and there had been no serious objections to the development of Arthur Street. Councilman Nee said he was referring to the price paid by Grace High School, and he could not see the benefit. The City Engineer assured Councilman Nee that Grace had been notified and had not expressed any objections. He referred to the area west of Matterhorn and said if there is to be development of the area, the improvements will be needed. Councilman Utter referred to an area included in the district and asked if those four people had been notified. The City Enqineer said yes, and the price for this area would be $12.64 for water per. foot and $8.29 for the sewer lateral for a foot. Councilman Utter asked if there was to be assessment for storm sewer at this time. The City Engineer said there was not. CounciTman Utter asked about the street improvement assessments. The City Engineer said the price was provided to the people. He said this would be somewhere in the area of $12.00. MOTION by Councilman Starwalt to close the Public Hearing. Seconded by Councilman Utter. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously and the Public Hearing closed at 9:08 p.m. PUBLIC HEARING ON ASSESSMENT FOR SANITARY SEWER, WATER, AND STORM SEWER IMP OVEME T PROJ CT N0. 112: � .� . MOTION by Councilman Starwalt to waive the reading of the Public Hearing notice and open the Public Hearing. Seconded by Councilman Nee. Upon a voice vote, all aoting aye, Mayor Liebl declared the motion carried � unanimously and the Pub]ic Hearing opened at 9:09 p.m. � The City Engineer pointed out that this assessment would be for the water, sanitary sewer and storm sewer improvements in the Innsbruck � North 2nd Addition area. He said the assessments were to be taken care � of on a per lot basis and the water would be $1,055.80 per lot, the ' sanitary sewer and service wouid be $932.67 per lot and the storm sewer $1.62 per 100 square feet. He explained this was the second part of the Innsbruck North development and the w�rk has been completed. � ' A resident of the area asked what amount af front footage was considered to be a lot. Mr. Herrmann said in this area, the lots are relatively uniform i in size and were not figured on a per front foot basis at the request of the ' developer. The Finance Director, Marvin Brunsell, added this figure was � ' � used for each of the platted lots in the area. The resident pointed out that his lot was substantially larger than those in this area and he was being assessed more than the listed amount. Mr. Herrmann said the lots in the Innsbruck area are relatively the same in size. He added, in the area outside of Innsbruck, the regular proceedure of assessing for front � ' foot would be done. The Finance Director agreed stating the lots outside the Innsbruck development could not be compared to those included because . of the greatly varing sizes of the lots. � � . � C� , Mayor Liebi asked if there were any qaestions on the assessments. � MOTION by Councilman Nee to close the Public Hearing. Seconded by Councilman Starwalt. Upon a voice vote, all vating aye, Mayor L�eb7 declared the motion carried unanimously and the Public Hearing closed at 9:18 p.m. ' PUBLIC HEARING ON FINAL-PLAT P- S: ,#73-06, HARRIS^LAKE^ESTATES, BY DAVID -� • HARRIS, GENERALLY LOCATED SOUTH OF MISSISSIPPI STREET, EAST OF ARTHUR MOTION by Councilman Breider to waive the reading�of the Public Hearing notice and open the Public Hearing. Seconded by Councilman Starwalt. � Upon a voice vote, all voting aye, Mayor Liebi declared the motion carried � unanimously and the Public Hearing opened at 9:19 p.m. � The City Engineer pointed out the area of the final plat on the map on the easel. He explained with the exception of a few lots, the area encompa$ed was south of Mississippi St., east of Arthur St., west of the east City limits and north of Rice Creek Road. The City Engineer said there would be 73 lots in the proposed plat. 103 REGULAR COUNCIL MEETING Of SEPTEMBER 17, 1973 PAGE 5 He advised the Council that the Planning Commission had reviewed the plan and recommended the plat be approved with certain considerations. Ne said a copy of the minutes of the Planning Commissian had been provided in the agenda. Mayor Liebl asked if there were any zoning requirements or requests and the City Engineer said the area is R-i at the present time and the deve]oper would develop it as an R-1 area. Mayor Liebl stated the legal and zoning requirements were proper. He asked Mr. Harris if he would agree to the seven stipulations. He referred to the first st9pu7ation as recommended by the Planning Commission stating the drainage and storm sewers be determined before development of the area. The City Engineer recalled that in 1971 when the Briardale property was considered by the Council, there was no drainage system in this area, and no substantial drainage system has been provided in this area; He continued by saying in February of 1972 the Council stipulated that the development of the area in regard to storm sewer systems would be done on a piece meal basis and would fit into the overall plan of the area. The City Engineer explained the applicant has provided for a ponding area in the plat as planned by the City, and this would be a step in the right direction. The City Engineer said according to the policy of the Rice Creek Water Shed District, ponding of storm sewer water should be encouraged instead of creating direct pipe drainage to Rice Creek. He added, this is the policy of the Council had established when allowing the development of the Briardale area. He added, money has been escrowed for each residential lot°being developed to pay for the storm sewer project in this area. Mayor Liebl asked how many of the lots in the plat would be buildable. The City Engineer said there are 73 lots and all of the lots would be buildable. Mayor Lieb1 questioned the amount of area contained in the ponding area and the City Engineer said there aiould be a total of 10 acres involved in the ponding area including that area which is within the limits of New Brighton and adjacent to the property. Mayor Liebl asked if the development would be an attractive ponding area or would the water become stagnant in time. He added, he wou]d not want any problems with the water �turning bad. The City Engineer assured the Council that the development could be done without the creation of any stagnant body of water. ' Mayor Liebl asked what was meant by underground utilities, would this mean there would be no power poles in the area? The City Engineer said yes, there would be no telephone and electric poles in the plat. Mayor Liebl said this is a more expensive method of development. Mr. David Harris addressed the Council and asked if he would be allowed ;. to explain the�development of the property to the Council. He added, this may answer some of the Council's questions. Mr. Harris explained in order to plat the proposed plan, he had to negotiate for the purchase of 13 parcels of property and he is the fee owner of some and contract purchaser of others. The parcels not included in the plat were pointed out by Mr. Ha1^ris on the map. He said the plat would include 34 of the 39 acres of ; the area. He mentioned there had been stipulations recommended by the Planning Commission and some of them had been satisfied already. One of the requirements he had met was paying the assessments for the properties on Rice Creek Road and Mississippi Street, this was a total of i3 lots. Those •� that remain to be paid will be paid at closing, he added. Mr. Harris said he had also agreed to provide property for park purposes. Mr. Harris explained the density of the development to be low and he is planning a little over two ]ots per acre, and all.of the lots exceed the minimum requirements. � � Councilman Nee asked if there wouid be another problem with the ownership ' ` of the property to the pond as there is in Locke Lake. Mr. Harris said the ponding area is going to be owned by the City of Fridley, and the City i presently has an agreement for the deed to the land. He said the lots would front to the high water level of the lake. Mr. Harris said he would . not favor creating public access to the lake a]ong the shoreline of the 1 ' lake as he believed this would devalue the people's property, He said there will be access to the lake for the public and there will be a park � in the area. _ L 104 PUBLIC HEARING MEETING OF SEPTEMBER 17, 1973 PAGE 6 Councilman Nee questioned the proposed Lots 15 and 16 and their placement. He stressed, he would not like to see the same problems as there are in Locke Lake. Mr. Harris said the dredging would be done three feet below the water table to get rejuvenation of the water and there wou7d be no stagnant water. Mr. Harris said the plat would provide easements from all directions into the property, including McKinley and Anoka Streets. Mr, Harris said there is also a ponding area east of the limits in the New 8righton area. Councilman Nee asked when the outfall would be provided. Mr. Harris said there will be an outfall to Moore Lake, but there would be more capacity in the ponding area after the development of the pond. He said he did not think the development would create the need for more storm sewer development in the area. Councilman Utter said there is park property provided next to Mississippi Street and Mr. Harris would dedicate 5% of the property for parks. He said he believed this to be about one and three-quarters acres of property. He added, this would provide a park that the people north of Mississippi Street could also use. Mr. Narris said the land is ]ow and there would have to be some filling of the area. He indicated he would provide a flat surface, which is most suited to park purposes. A question was raised by Councilman Starwalt concerning the outfall. The City Engineer referred to the ditch on the map and said this would be used. He explained this would be on a temporary basis, but there would be a controlled outfall, and most of the time there should be no outfall water. The City Engineer stated in the case there should be a heavy runoff, the water would be directed to Moore Lake. He continued, if the area west of Arthur Street is to be developed, there will have to be improvements to the drainage system. Councilman Starwalt asked if the outfall would be underground and the City Engineer said no, it would be as it is at the present time, Councilman Starwalt said they are talking about the ditch at this time. ". Mayor Liebl asked Mr. Harris if he agreed with the stipulations of the Planning Commission and questioned point number three, the dedication of land to the City for park purposes. He asked if this would be 5q of the land and if this included the proposed exchange of property. Mr. Harris said he had obtained the cooperation of the City Engineer in this point and had asked for the exchange of property so that the lots . which are to be used for park would not directly abut the Olson property. He reinterated Mr. Olson had indicated to him that he did not want park property right next to his home. Mr. Harris stated he would like the . City to exchange a parcel of property with him to make this possible. Mr. Olson said he would like the construction of a house between himself � and the park. Mr. Harris explained he would like approval of the request because he felt he could not tell a man one thing and do something else. The City Engineer said there are some parcels on Frid]ey Street that are low lots. He added, one lot could be swapped, and this would make a nice _ size park in this area: Mr. Harris said an area of 200 by 30Q would allow. ' for the installation of a facility to accomodate a baseball field in the • summer months and a hockey rink in the winter months. He pointed out that on the smaller area play ground aparatus could be installed. Mr. Roy DeMars, 1442 Mississippi Street N. E., said he resides by this proposed piece of park property and it is under water. He asked who would be responsible for filling the property. Mr. Harris said the dredging of the area kould bring the level up to grade. Mr. DeMars indicated he had lived in the area for 27 years and he asked if the City of Fridley would be � draining Ramsey County in this area. Mr. Harris said Ramsey Caunty has a pipe and drains into the area at the present time. He added, the plat . would create one pond in the area. Mr. DeMars said most of the area is low and under water to the County Line. Mr. Harris said there would be no homes in the back of the Olson property, they would all be in Anoka County. _� ' � �� 105 � � � ' PUBLIC HEARING MEETING OF SEPTEMBER 17, 1973 PA6E 7 ' . � • The City Engineer repeated the total area of the pond would be ten acres '� •, which would be the combination of the Fridley and New Brighton ponding areas. He stated the portion of the pond in Fridley would be eight and a half acres. Councilman Utter said there would be an overflow into Rice Creek under the overall permanent system of the future. Mr. DeMars said the Water Shed District does not want the water to be directed into Rice Creek. He said there is only a technical drain there unless there would be a flood in the area. Mr. DeMars said he had been told if the City wanted the Tand for drainage, they wouid condemn it, and direct the flow to Moore Lake. Mayor Liebl believed the creation of the FridTey ponding area and the ponding area of New Srighton would take care of the overflow of the area. Mayor Liebl said they had been assured by the City Engineer that the area would be neat and clean. Mayor Liebl inquired if there would be any other alternatives in the direction of the water for an outflow. The City Engineer advised him the only other alternative would be directing the water into Rice Creek. He explained according to the proposed solution of the storm sewer improvements of the area in 1961, the water would be directed there eventualiy. 7he City Engineer said in the spring of the year the runoff water flows through the ditch becau�e of the terrain, but if the area is developed to a greater extent, the City may have to drain into Rice Creek. Mayor Liebl asked'if a portion of the plan would be changed because of the , ponding area, and would this eliminate the need for additional water being directed into Rice Creek? He also questioned if the system as it is proposed would change the flow of the water from the pattern it is following at the present time. The City Engineer said if the ponding area was not being ' created within the proposed plat, the City would have to acquire a larger parcel of property for ponding. He added, the City would still have to � provide a system for the 8riardale area. He said this plan would be to try to hold the water instead of sending it to Rice Creek in one big storm sewer, and following this procedure is encouraged by the Rice Creek Water " Shed District. The City Engineer stated the ponding area would hold the water in most cases so it would not have to be directed to Rice Creek or Moore Lake. Mayor Liebl asked the City Engineer if this plan would fit into the overall plan for the storm sewer of this area. The City Engineer said this would fit into the overall established plan for the area, Mayor Liebl said this would not hinder the overall plan and would help the Briardale area. The City Engineer repeated, yes, this wou]d help the overall plan of the area. � Mayor Liebl expressed concern about point number seven of the recommended stipulations from the Planning Commission. He asked if the developer had j• negotiated ponding area which is not in the plat. He asked if this would be approved in Fridley�and not in New Brighton. . Mr. Harris said this requirement had already been met. He added, he would � not be ab7e to do anything in the City of New Brighton, but he had taken ' care of his obligation within the City of Fridley. He explained the reason for the stipulation stating on the original plat some properties appeared � that had not been acquired, but this has been done at the present time. Mr. Hjalmer Anderson, 1491 Rice Creek Road N. E., asked if the plat is approved, would Arthur Street be continued from 64th Avenue to Rice Creek Road. He thought there would be no reason to put a road in this area. The ; City f ngineer pointed out that the road is platted and would eventually ' go through the area. Mr. Anderson said he did not believe there would be any benefit to Mr. Neuman or himself and their property would abut the ` roadway. Councilman Starwalt referred to point number four of the listed stipulations which dealt with the planting of trees on each of the lots. He asked if perhaps the developer would agree to increase this number on the corner lots and possibly some other lots that seem to show the need. 106 PUBLIC HEARING MEETING OF SEPTEMBER ]7, 1973 PAGE 8 Mr. Harris explained the reason for the agreement on the planting of trees to be that some trees will be lost in the area through the creation of the ponding area. He hoped if the Cou.ncil wanted two trees on each lot they would stipulate this exact amount, but he would like the requirements spelled out. He said he would not want someone telling him that some lots need five trees and next lot two. Councilman Starwalt said he would like to see more than one tree on some lots if they would seem to benefit by this addition. Mr. Harris pointed out that some of the lots would have mature trees on them, and some of the trees in the area would be removed because of the ponding. He stressed the need for some definite stipulation if this was the intention of the Council and said this would be the only reasonable method of following the points of agreement. Mr. Harris said he would like to bring to the Council's attention the fact that the area being platted had brought the City $550 in tax revenue the past year and was 34z acres of property. Mr.Harris stated the 73 lots would allow for the construction of that many homes,ail to be priced approximately $40,000, if a house could be built for this amount with today's prices. He said this would greatly increase the tax revenue of this area and he hoped the City would not install an open ditch in this vicinity. Councilman Nee asked how the City was going to dredge the area and the City Engineer said this would be consistant with the policy of the area and it would�be done by escrow monies for the storm sewer. He added, he felt the City should be consistant in this area. Councilman Utter said the amou�t of escrow for the 73 lots would be $58,000, The City Engineer said the City would have to develop this area to provide a system for Briardale. - MOTION by Counciiman Starwalt to close the Public Nearing. Seconded by Councilman Utter. Upon a voice vote, all voting aye, Mayor Liebl declared � the motion carried unanimously and the Public Hearing on the Final Plat . • by Mr. David Harris closed at 10:36 p.m. BLIC P. S. #73-07 SE 3RD MOTION by Councilman Utter to waive the reading of the Public Hearing notice '; and open the Public Hearing. Seconded by Councilman Starwalt. Upon a voice ' vote, all voting aye, Mayor Liebl declared the motion carried unanimously and , the Public Hearing opened at 10:37 p.m. � The City Engineer said the development had been approved and the platting had been recommended for approval and the area had sold as residential property. Mayor Liebl asked how many square feet there would be in the units and Mr. James London, Darrel A. Farr Development Corp., said there would be about 1,400 square feet of floor area.. , ' Mayor Liebl asked if there were any questions on the final plat and questioned Councilman Utter if he believed this to be an improvement over the other.proposal. Councilman Utter agreed this was a great improvement. Mr. London explained that one build�ng had been eliminated to increase the density. � ' ' Mayor Liebl asked if there were any questions'from the Council and there were none, MOTION BY Councilman Starwalt to close the Public Nearing. Seconded by Councilman Utter. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously and 'the Public Hearing closed at 10:40 p.m. PUBLIC HEARING ON�REZONING REQUEST ZOA #72-09, CENTRAL AUTO PARTS; TO REZONE % MOTION by Councilman Utter to waive the reading of the Public Hearing notice and open the Public Hearing. Seconded by Councilman Starwalt. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously and the Public Hearing opened at 10:41 p.m. 107 ' � t ' ' 1 PUBLIC HEARING MEETING OF SEPTEMBER 17, 1973 PAGE 9 Mayor Liebl referred to pages 5-B and 5-C of the agenda and said the Planning Corrmission had recommended approval of ihe request with three stipuiations. Mayor Lieb] said the building material would be optional to the builder and he thought the applicant would have to go to Buiiding Standards-Design Control Subcommittee. The City Engineer pointed Aut the applicant had already been to the Subcommittee. He added, the request would be to rezone portions of the property so the property would be in one zone. Mayor Liebl asked the applicant if he agreed with the stipulations. The City Engineer safd the applicant had already expressed agreement with the stipulations. MOTION by Councilman Utter to close the Public Hearing. Seconded by Councilman Starwalt. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously and the Public Hearing closed at 10:43 p.m. � ADDITIONAL DISCUSSION ON THE FINAL PLAT OF THE HARRIS LAKE ESTATES: Mr: Harris addressed the ' of the Council's feeling would be made by himself plans for balancing the Council and asked if he could get some indication on the plat that evening so any necessary changes and his engineers. He said there are extensive fill of the proposed plat. ' Councilman Nee said he would question the City doing the dredging of the area. He indicated he did not know .this would be done by the.City until the i present meeting. Councilman Nee thought it was a tremendous idea to get the 13 people to agree to sel7 the land and continue w�th the plan of creating ! one plat, but he did question the method of dredging by the City. Mr. Harris said he had contracted for 50,000 square yards of fill which was brought in from the 8urlington Northern area and he had paid for the moving of the fill. He added, he knew the C�ty wanted a ponding area and he had tried to balance the amount of fill needed very carefully to the � plans of the engineers. Councilman Nee asked what he is to tell Mr. Donovan Schultz when he asks if the City can dredge Locke Lake. Mr. Harris said he believed he was paying his portion by escrowing $800 per lot, and the other people would be paying their share of the cost. He reminded the Council if the original plan ' were followed it would cost '4 of a million dollars for the piping. The City Engineer said the dredging would cost $40,000 to $50,000 and this would provide a permanent pond. Councilman Nee agreed the area would be beautiful, but when Mr. DeMars raised the question on his share of the assessment for the work, it had been hard to answer. � • The City Engineer referred to the histroy of the area. When Briardale had been approved, he had told the Council not to deveiop the area any further. i He added, the residents would not approve of the improvements because of the cost. He recalled, it was difficult to get Mr. Miller to agree to the $800 per lot for escrow for the system. He said when the system was developed, the City had to plan for a complete system and this cost $700 per lot at � that time and there were objections to this. He said the only way to complete the system was to require the escrow money and have all development pay their share, and there would be money for the system. He said this plan would be draining another area, and he referred to the gravel pit. Councilman Nee stated his thoughts that the storage•area would not need dredging. � Councilman Breider said if the people who purchase the property are to ' live next to the pond, it would not be fair to them if the pond would stink. He stated the Council would have an obligation to the future property owners of the area also. He explained, this would be the same as the situation in the Stonybrook area. The City Engineer pointed out this system would be cheaper for the entire district and would preserve Rice Creek, He added, if the area is developed or not, the City wouTd have to provide the ponding area. ' . - � ' - ' 1: PUBIIC HEARING MEE7ING OF SEPTEMBER 17, 1973 PA6E i0 Mayor Liebl said the action on the proposed plat would be taken at the September 24, 1973, meeting of the Council. PUBLIC HEARING ON THE 1974 BUDGET; MOTION by Councilman Breider to open the Public Nearing and waive the '� reading of the Public Hearing notice, Seconded by Councilman Utter. Upon a voice vote, all votirg aye, Mayor Liebl declared the motion carried unanimously and the Public Hearing opened at 11:05 p.m. Councilman Breider said he would be unable to attend the workshop meeting • on the budget scheduled for the following evening. He said he would like ' to make a comment on the portion of the budget dealing with the tennis courts and would ask they be put back into the budget. 1 ' ' � � �I Conncilman Utter said the workshop meeting was set for 7:30, September 18, 1973 in the community room. Councilman Starwa]t said he would like some money put into the budget for the North Park area. Councilman Breider said he would not like to put money in the budget for something when he did not know what the purpose would be. and he would like to let the land sit until a decision is reached. Councilman Starwait expressed the desire to start funding the project in advance instead of trying to get th"e necessary funds together at the time of development. Councilman Breider said he thought it would be difficult to allocate money without positive plans for the area. He added, at the end of the year if -the money is not used, it would revert back into the General Fund. He said this could go on for years and nothing would really be set aside. Councilman Nee asked if the money could be put into fencing. Gouncilman Breider said what if the fence is not wanted. Councilman Starwalt said he would favor a concept of saving money for something for the future. The Finance Director said it would be possible to set up a special fund for this purpose, but this would create the necessity of creating another fund in the budget. He repeated, a special fund could be set up. Councilman Breider asked why the City did not just ask for Federal Revenue Sharing money for the project and not spend this money for any more trucks. The Finanace Dfrector said it would be another year before there would be any money in the budget from Federal Revenue Sharing, the year started July 1, 1973 and would go until July 1, 1974. � MOTION by Councilman Breider to continue the Public Hearing. Seconded by Councilman Starwalt. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously and the Public Nearing on the 1974 budget was continued at 11:10 p.m. CONSIDERATION OF fIRST READING OF AN ORDINANCE REGULATING THE PARKING OF Councilman Utter said he would like to change the limitation on weight { � in the proposed ordinance from ]2,000 to 10,000 pounds. � Councilman Starwalt said this would exclude vehicles like house trailer ' • • • tractors. He asked if any other vehicles woul.d be excluded. Councilman Utter said this would not effect the 3/4 ton pick ups and would not effect . anyone parking a vehicle on private property. 1 ' � Councilman Nee said he agreed with the amendment to the ordinance. Mr. Richard Harris asked if this would involve any recreational vehicles. Councilman Breider said this would exclude any recreational vehicles. Mayor Liebl agreed and said it would only apply to commercial vehicles. Councilman Utter said the language of the ordinance is all defined by MinnesoLa State Statutes. He said they had 11�000 to 13,000 and he would want to reduce this to 10,000. Mr. Richard Harris said in this area there are many over the road truck drivers. He added, he did not want the tractors on the residential streets, but he did � .� i ' , I ' 0 �J ' ' ' ' ' ' - ' ' � ' � � I PUBLIC HEARING MEETING OF SEPTEM6ER 17, 1973 PAGE 11 wonder if this would create a hardship for the over the road truck driver. He said this may be an undue hardship on them. Councilman Breider said all the driver would have to do is park the vehicle in the driveway. Councilman Utter said the restriction on night parking on residential streets has not been enforced in Fridley. He said there has been some probtems with house tractors in residential areas. Ne said there is no one living in the house and the trucks back up and pick up their orders, and this is a violation of the ordinance. He added, he had tried for sometime to get some restrictions on this type of activity. He pointed out there is a facility for detaching and storing the tractors on Old Central Avenue, MOTION by Councilman Utter to table the first reading of the ordinance for the limitation of parking of vehicies in residential areas. Seconded by Councilman Breider. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. ..1_; [[I�!� NEW BUSINESS: SETTING A PUBLIC HEARING FOR NOVEMBER 12, 1973, FOR THE FLOOD PLAIN: MOTION.by Councilman Nee to set the Public Hearing for the Flood Plain Rezoning Ordinance for November 12, 1973, Secondect by Councilman Utter. Upon a voice vote, a71 voting aye, Mayor lieb7 declared the motion carried unanimously. RESOLUTION #127 - CONFIRMING ASSESSMENT FOR SANITARY SEWER, WATER, AND STORM SEWER IMPROVEMEN PROJECT N0. 103: MOTION by Councilman Starwalt to adopt Resolution #127-1973 confirming assessment for sanitary sewer, water and storm sewer Improvement Project No. 103. Seconded by Counciiman Utter. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. - Councilman Nee asked the Finance Director if the Grace High School had received a notice and the Finance Director said yes. RESOLUTION #128-1973 - CONFIRMING ASSESSMENT FOR SANITARY SEWER, WATER AND STORM SEWER IMPROVEMENT PROJECT NQ. 112: - MOTION by Councilman Utter to adopt Resolution #128-1973 confirming assessment for sanitary sewer, water and storm sewer Improvement Project No. 112. Seconded by Councilman Nee. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. RESOLUTION #129-1973 - DIRECTING THE ISSUANCE OF TEMPORARY IMPROVEMENT BONDS IN MOTION by Councilman Nee to adopt Resolution #125-1973 Directing the issuance of temporary improvement bonds in accordance with laws of 1957, Chapter 385, for Sanitary Sewer, Water and Storm Sewer Improvement Project No. 112. Seconded by Councilman Starwalt. Upon a voice vote, all voting aye, Mayor Liebl dec]ared the motion carried unanimously. . - RESOLUTION #130-1973 - DIRECTING THE SALE AND PURCHASE OF TEMPORARY I �� n r rr,i nrrnnnnnirr IJiTII ni.ic /1C '1(]G7 !`LJIIDTCD OS2G CANTT RV CF Fk ! MOTION by Councilman Nee to adopt Resoiution �i30-1973 directTng the sale ' and purchase of temporary improvement bonds in accordance with laws of 1957, - Chapter 385, for Sanitary Sewer, Water, and Storm Sewer Improvement Project No. 112. Seconded by Councilman Starwalt. Upon a voice vote, all voting aye, , Mayor Liebl declared the motion carried unanimously. ACCEPTANCE OF RESIGNATION: RAYMOND RENNER, HUMAN RELATIONS COMMITTEE: MOTION by Councilman Starwalt to accept the resignation of Mr. Raymond Renner from the Human Relations Committee. Seconded by Councilman Utter. Upon a 1� I ' , ' � ' , , ::' -.;.+ - ' ' I ' �J � m ��n PUBLIC HEARING MEETING Of SEPTEMBER 17, 1973 PAGE 12 voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. MOTION by Councilman Starwalt to appoint Mrs. Ina Prieditis, 6031 Benjamin Street N. E., 788-7230, to replace Mr. Raymond Renner in his term to the • Human Relations Coimnittee. Seconded by Councilman Nee. Upon a voice vote, al1 voting aye, Mayor Liebl dec]ared the motion carried unanimously. RECEIVING THE MINUTES Of THE BOARD OF APPEALS MEETING OF SEPTEMBER 11, 1973: REOUEST FOR A VARIANCE OF SECTION 45.053, 4A, FRIDLEY CITY CODE, TO Councilman Nee said he was concerned about this item and thought the motian in the minutes of the Board of Appeals may not be correct. He . added, he would not want the Board of Appeals to think the Council had I given approval of the variance without their recommendation and thought it should be made clear to the 8oard that the Counci] had made a motion � to concur with the decision of the Board, not to approve the item. He said he would not want the Board to think any matter would be approved � by the Council and sent to the Board for a rubber stamping. � The City Engineer assured the Council that the member of the staff present at the meeting was aware of the intent of the Council's motion. He said he thought the motion was in error rather than the Board believing the Council had given prior approval of the request. Councilman Breider referred to a portion of the minutes where Mr. Blair spelled out a hardship in this matter. The City Engineer said approving L� the variance would bring this construction in line with the other structures ' in the neighborhood. A REQUEST FOR A VARTANCE OF SECTION 45.134, 6, PARAGRAPH 3,_FRIDLEY CITY L� � 1 f�1VLL1 � I"I11YI��JV �rt• ��-�{v uTY R(1 D_ ST. P UL. MINNESOTA : Councilman Breider said he would like to have the item tabled untii the applicant had completed the landscaping. He did not believe the individual should be granted any variances.until he lives up to the stipulations. The City Engineer informed the Council that the applicant is aware of the thoughts of the City. MOTION by Counc9lman Breider that the variance request by Mr. Donald Babinski be tabled until work is done in other areas. Seconded by Councilman ' Utter. Upon a voice vote, all voting aye, Mayor Liebl declared the motion � carried unanimously. A REOlJEST FOR A VARIANCE OF SECTION 45.053, 4, 64, FRIDLEY CITY CODE, T0. C� � MOTION by Councilman Utter to approve the request for a variance by Mr. Bernard Wedgewood with the stipulation that the south waTl of the garage contain the necessary fireproofing and have no openings. Seconded � by Coancilman Nee. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. � REQ F� FOR A VARIANCE OF �FGTIOh 45 iS�. PARAGRAPH 2 FRIDLEY CITY GODE. TO �NCREASE THE FRONT YARD SET6ACK FROM 35 FEET TO 60 fEET TO ALLOW ' ' ' ' , ' � . ' ' � ' , ' ' ' i a - - - -- - - _ - — — - -- —. _ _ — _ _ — - _ __ ._.� -- � 111 I PUBLIC HEARING MEETING OF SEPTEMBER 17, 1973 � OF A DWELLING TO BE LOCATED �,t 19, BLOCK 1 PAGE 13 MOTION by Councilman Starwalt to approve the variance of the front yard setback as requested by Richard Miller Homes. Seconded by Councilman Utter. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. MOTION by Councilman Utter to receive the minutes of the Board of Appeals meeting of September 11, 1973, Seconded by Co�incilman Starwalt. Upon a voice vote, all voting aye, Mayor Lieb] declared the motion carried unanimously. BRINGING BACK FROM TABLE THE REiONING REQUEST BY MR. ROBERT SCHROER AND DIRECTING MATTER T0 PLANNING COMMISSION fOR CONSIDERATIONc MOTION by Councilman Breider to return the rezoning request by Mr. Robert Schroer for the area north of 79th Avenue N. E. to the Planning Commission for their consideration. Seconded by Councilman Utter. Upon.a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. Councilman Breider recalled this item had been tabled until the Comprehensive Plan was adopted by the City and should be reconsidered. Mayor Liebl directed the administration to notify Mr. Schroer. COMMUNICATIONS: GOVERNOR ANDERSON: CAMDEN BRIDGE: MOTION by Councilman Starwalt to receive the communication from Governor Anderson dated September 7, 1973, regarding the Camden Bridge. Seconded by Councilman Nee. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. . COPY OF LETTER FROM JAMES GREELEY TO F. C. C.: FRIDLEY CATV AMENDMENTS: MOTION by Councilman Nee to receive the communication from Mr. James Greeley to the F. C. C, dated September iT, 1973 regarding the Fridley CATV Amendments. Upon a voice vote, all voting aye, Mayor Lieb7 decl.ared the motion carried unanimous}y. NATIONAL LEAGUE OF CITIES: APPOINTMENT OF COUNCILMAN BREIDER TO PUBLIC S FE Y 0 M TEE: �ry�,/-� MOTION by Councilman Utter to receive the communication from the National League of Cities dated September 5, 1973 appointing Councilman Breider to the Public Safety Committee. Seconded by Councilman Starwalt. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. MR. RICHARD HARRIS: REQUES7 FOR ACTION ON SILTING OF DITCH FROM SPRING LAKE P RK: Mr. Harris addressed the Council and said between being out of town and trying to catch the Acting City Manager when he is avaiiable, he had not been able to contact the administr`ation on the problem of the additional silting of the ditch from Spring Lake Park. He said there had been a greater amount of silting than he had expected. The Acting City Manager said there�would be a Public Hearing on the improvements in this area the following Monday evening, and hopefully, this will eliminate the need for the ditch. He said if the improvement is put in, there will be not need for the ditch. , QUESTION BY COUNCILMAN NEE ON SURVEYING LOCKE LAKE TO EXTEND PROPERTY INTO LAKE WITH THE COOPERATION OF COUNTY: Councilman Nee said he did not know if the members of the Council would like ' to consider the matter that evening, but the County would aid in the � � � � _ � I 112 PUBLIC HEARING MEETING OF SEPTEMBER 17. 1973 PAGE 14 surveying of Locke Lake and he would like the City Council to make an official request for this. The City Engineer said if the Council wished, he would put the item on the next Council agenda for consideration. He suggested the Council directing the administration to pursue the matter. Councilman Nee said the County was willing to cooperate, but the question would be what the City wants done. He said if the lots would be extended, the middle would be left open. Mayor Liebl directed the administration to put the item on the agenda for the September 24, 1973 meeting. ADJOURNMENT: MOTION by Councilman Starwalt to adjourn the meeting. Seconded by Councilman Utter. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimous7y and the Public Hearing Meeting of the Fridley City Council of September 24, 1973 adjourned at 11:41. p.m, Respectfully submitted, �� 4 Patricia Ellis Frank G. Liebl,Mayor Secretary to the City Council Date Approved ---�. � .� r . � _ . . . . . .. .:t._. � �� . . . • . . . . . � � � . . . • • . . . � . � � . . . . . ., ' � � . � . . � � ' . � THE MINUTES OF THE REGULAR COUNCTL MEETING OF SEPTEMBER 24, 1973 � � • �, i : � ! 1 � � � � ;: 1 . �� _1 . 1 �� ,1 � : ►1 1 � : � 1 � 1 ' � �1 ��1 �'' ' '. . ' � ' ' •' . ' f i � , � ' I ' , , , ' lli 0 THE MINUTES Of THE REGULAR MEETING OF THE FRIDLEY CITY COUNCIL OF SEPTEMBER 24, 1973 The Regular Meeting of the Fridley City Council of September 24, 1973 was calied to order at 7:42 p.m, by Mayor Liebl, PLEDGE Of ALLEGIANCE: Mayor Liebl led the Council and the audience in saying the Pledge of Allegiance to the Flag. INVOCATION: The Invocation was offered by Mayor Liebl. ROLL CALL: MEMBERS PRESENT: Utter, Nee, Breider, Starwalt, Liebl. MEMBERS ABSENT: None. . VISTTORS: MS. LONDA ENGLUND; VIET'S ADDITION: Mrs. Englund addressed the Council and requested the item concerning the Park fees for the Viet's Second Addition be taken care of at that time rather than as it appears on the agenda. Mayor Liebl asked the other members of the Council to give some indication of their thinking on the waiving of the fees. Councilman tVee said he would have no objections to the waiving of the fees and felt would not have to stay for the entire meeting. Mayor Liebl agreed and said Mrs, Englund would not have to remain for the entire meeting. PROCLAMA7IQN: "CLEANER AIR WEEK"•- BEGINNING QCTOBER 14, 1973 Mayor Liebl read the proposed proclamation aloud to the Council and audience. MOTION by Councilman Nee to table the proclamation. Mayor Liebl declared the MOTION FAILED FOR LACK OF A SECOND. Councilman Utter said he would hate to deprive others of the use of tobacco while in attendance at the meeiings of the Councii during this time. Mayor Liebl asked if this would be too much of a sacrifice for the members of the Council that did smoke. Councilman Utter said all have equal rights. Councilman Starwalt said he thought the proclamation should be adopted on a triai basis and he would suggest that sign be displayed for the benefit of the people attending the meeting that evening. He said he did not think it would be this much of a sacrifice. MOTION by Councilman Utter to adopt the proclmation banning the smoking of any type of tobacco in the Council Chambers for one night, October 15, ]973. Seconded by Councilman Starwalt. , UPON A VOICE VOTE, Liebl, Utter and Starwalt voting aye, Nee and Breider voting nay, Mayor Liebl declared the motion carried three to two. PUBLIC HEARINGS: , PUBLIC HEARING ON 7HE ASSESSMENT FOR WATER AND SEWER MAINS, LATERALS AMD ERVICE CON ECTIONS: MOTION by Councilman Utter to waive the reading of the Public Hearing notice and open the Public Hearing. Seconded by Councilman Nee. Upon a voice vote, ali voting aye, Mayor Liebi declared the motion carried unanimously and the Public Hearing opened at 8:50 p.m. The City Engineer explained this area would include the assessments for the mains and not the laterals. He said when the City would issue a building � 114 REGULAR MEETING OF SEPTEMBER 24, 1973 PAGE 2 permit, they would ask the property owner to sign an agreement for the assessment. At the end of the year a resolution is prepared for those people who had not paid for the laterals. Mayor Liebl said this is according to the policy established by the City in 1962 and has been followed since that time. Councilman Starwalt listed several areas where this would apply and questioned if there are people hooking to the Fridiey system from New Brighton. The City Engineer explained those in New Brighton would be paying • the same amount as those in Fridley pay for service. He added, if there is a question on this procedure, this should be taken care of at another time and not during the Public Hearing on the connections. He indicated the back ground material could be brought to the Councii at another meeting. Councilman Starwalt thanked the City Engineer for his comments. A representative from Dahlberg asked if he could see the list of those properties effected, and the Finance Director provided the list. Mr. Alfred H. Gloe, 540 Dover Street, questioned the amount he was to pay to bring the service to his lot line. The City Engineer said Mr. Glce had signed an agreement for the assessment. Mr. Gloe said he did sign an agreement, but wanted to know what the assessment would be if the property owner put in the service himself. The Finance Director said this assessment was for the front foot charge only, not for running the pipe from the center of the street to the property line. He added, at the time the assessment assessments were established, they were figured on a per lot basis and the property had now been`split and the service line had to be charged for, Mr. Gloe again questioned if he could install this himself and the finance Director said they were talking about two different things, He said this was a front foot charge and was in lieu of the lateral charge. It would be for the service line itself. Mr. Gloe said he had been given a figure from someone at City Hall that the cost of running the line from the center of the street to the property one would be about $1,000, he asked if this would be less expensive if the property owner would have this work done. � The Finance Director explained this had been firgured on a per site charge or � per building site charge and.Mr. Gloe had now created another building site ' and this is why there would be additional charges on the property. He said � this would have nothing to do with running the service from the street to the property line. He said the amount to be paid wouid either be the rate at today's costs or the costs that were paid at the time of the assessment plus , interest from that time, which ever would be lower. The City Engineer pointed out that Mr. Gloe had signed the agreement and if he would.like any other facts on the assessment, he could calT City Hali. .Mayor Liebl directed Mr. Gloe to call the Finance Director and get the details on �� the matter_ � ' Councilman Nee asked if the property owner was to be charged two times for the , same service. The City Engineer explained the assessment had been levied per building site, and now the property owner has two building sites. He added, he would not pay twice. Mr. Gloe said he had already paid the front foot , charge. The Finance Director explained the percentage of cost for the project and how it had been assessed at that time, and it would not include the amount needed to run the pipe from the center of the street to the property line. Mayor Liebl asked�the Finance Director if this varied at all from the policy the Council had established and had followed since that time. The Finance Director indicated this was in line with the established policy. Mayor Liebl asked the Finance Director to get in touch with Mr. Gloe and explain the details of the assessment and the contract to him. ' ' ' , REGULAR COUNCIL MEETING OF SEPTEMBER 24, 1973 PAGE 3 Mayor Liebl asked if there was anyone present who had a question on the assessments, and there was no response. i MOTION by Councilman Starw�alt to close the Public Hearing. Seconded by Councilman Nee. Upon a voice vote, all voting aye, Mayor Liebl declared � the motion carried unanimously and the Public Hearing closed at 8:04 p.m. PUBLIC HEARING ON PRELI��INARY ASSESSMENT ROLL FOR SANITARY SEWER, WATER AND STORM SEWER It�1PR0VEP1ENT PROJECT N. ' , MOTION by Councilman Breider to waive the reading of the Public Hearing notice and open the Public Hearing. Seconded by Councilman Utter. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously and the Public Hearing opened at 8:05 p.m. , The City Engineer pointed out the Michael Servetus Unitarian Society had ' petitioned for the improvements, but had requested they be delayed for the period of one year. . ' The City Engineer explained the other property in this project is bounded � by Mississippi on the north, Rice Creek Road on the south and by Arthur Street on the west, the east City iimits and Stinson B]vd. on the east. He added, that a large portion of the area is in the control of one company ' , as a part of a proposed plat. He added, there is always a drainage question on storm sewer hearings where the people on the high ground feel they should not be assessed for.storm sewer. ' � � ' , I� �� ' ' � ' �J � The City Engineer placed a map of the City of Fridley on the easel and - stated the areas which had been assessed for complete storm sewer systems as marked as red on the map, and included the majority of the City. He pointed out the areas with partial systems being orange, this being a small ; portion of the City, and the area in green on the map which has no system at the present time. This area included the area of the project and was a very small portion of the City. The City Engineer recalled the price which had been proposed for a total system of piping the storm sewer system in this area was very high. He added, when Briardale was developed, it �came necessary to provide an outfall for the area. He said the outfall would be to Moore Lake at this time. He explained the proposed system of creating ponding areas would decrease the impact on Moore Lake and Rice Creek and would be substantially less expensive to the property owners of the area. He hoped the City would fully equalize the assessments in this area as had been done in the Hyde Park area. He pointed out this is done in all of the areas where the system is compleied. and this policy would be continued for storm sewer districts and subdistricts. He explained if the districts were large enough, this would lessen the assessments rate to the property owners in the district. He continued, this project would provide some improvements for these subdistricts at this time, and eventually a system would be provided for the entire area. Mayor Liebl referred to the Resolution of 1962 establishing the policy of storm sewer assessments and asked if there were any questions on this policy. Councilman Breider recalled this area had been discussed two to three years . . . ago, and a different system had be.en proposed at that time. He said the piping system talked about at that time would have cast $880,000, and with the � increased prices would be $1,300,000 today. He said the pipe would have been ' big enough to handle the normal rains. Councilman Breider explained, now the Council was talking about a piece meal policy of development as is � needed for the area and with the ponding method and the reduced size of ! piping, this project would be less than one quarter of the cost of the original , , ' proposai. ' Mayor Liebl pointed out the developer had requested approval of the plat and the zoning is proper. The City would have to provide water, sanitary sewer, and storm sewer along with blacktop and curbing in the area. He said the City is required to provide the utilities and service them if there is development in the area and the City Engineer agreed saying this is what had been done in other areas of the City. 115 ' ,' ' ' I� u I� ' � ' C� �� ' 116 REGULAR COUNCIL MEETING OF SEPTEMBER 24, 1973 PAGE 4 Mayor Liebl said the City could assess those property owners who benefit by the improvement. He said there were two rolls prepared for this improvment and the Council had decided to use the alternate roll. Mayor Lieb] said in his judgement, the people on the south side of 61st should not and will not be assessed for this improvement. He directed the City Engineer to explain this point. The City Engineer said the people residing south of 61st had been assessed $3.83 per 100 square feet for the storm sewer and it had been recommended they do not be assessed any further for this improvement because they had paid for the internal system and part of the outfall. He explained, if the Council would approve the alternate roll, these people would not be assessed at this time and would not be included in the preliminary assessments. Mayor Liebl stated, these people would not be included in the final assessments for the improvement, and the City Engineer agreed and said there would be no assessments in this area at this time. The City Engineer pointed out areas B and C and said some pipe would be installed which would direct water to the ponding area to provide proper drainage. He said to provide improved drainage, Mississippi Street would be improved. The City Engineer explained there would be a combined cost of $2.71 and $1.04 for this area, the total per 100 square feet being $3.75. Mayor Liebl asked if this was consistant with the City's policy. The City Engineer said this would.be a partial system because the system is not complete. Councilman Utter said he had received calls from the people in that area and they believe the assessments are much too high. He questioned if the assessment would only be within Mississippi Street. The City Engineer said the reason the assessments are higher in this area is because it is very small, and the water would go to the north in the other areas. He �� pointed out that the assessment would be as high in the areas when the system is brought up to this level. _ The City Engineer indicated area A would include Briardale and when the system had been installed in this area, there was no outfall provided. He explained, now that the outfall is being provided, this would add to the assessments of this area. The City Engineer said the previous assessment of $5.00 per 100 square feet would apply to the overall assessment of $7.70 per 100 square feet, with the additional assessment at this time of $2 J 0 per 100 square feet. A resident of the area asked if the boundaries of the drainage district had been changed and the City Engineer stated they were the same as those in Project 106. The resident said he thought the area had gone up to the Gardena area previously. The City Engineer repeated the boundaries have been used for the past five to six years. Councilman Star►��alt said this boundary�would indicate a subdistrict. � Councilman Nee asked if the current assessment would be levied on the Grace ; High School property. and the City Engineer said no. � The City Engineer pointed out area E on the map and said this would be ' the area north of Rice Creek Road, east of Arthur Street, south of Mississippi Street and west of the east City limits. Ne stated the developer would , . provide for the dredging and developing of the pond and the only assessment for the people of the area outside the proposed plat would be the pond ' land costs, the outfall and ditch. He added, all the other costs would be paid by the developer and the assessment for this area would be $7.04 per 100 square feet. ' A resident asked if the area north of Mississippi would be included in an assessment levy sometime in the future. The City Engineer said this area would be paying $3.75 now and underground piping will be provided to , bring the water from the north to the south. ' ' 117 REGULAR COUNCIL MEETING OF OCTOBER 24, 1973 PAGE 5 • A resident asked if his assessment would be $7.04 if he lived on Rice Creek Road. The City Engineer said anyone would pay this if their water ran into � the pond and they lived within the area described before. He added, this was - only for the storm sewer and if the property owner had other utilities, they , would not have to pay additionally for these at this time, the assessment is oniy for the storm sewer. A resident asked what the developer would be paying for the pond. He added, he lived on the north side of Rice Creek Road, The City Engineer said the ! developer would be paying about $7.04 per 100 square foot for storm sewer proposed under this improvement. . A resident of the area said he recently moved in the area and he had been under the impression that the water, sanitary sewer and storm sewer had been paid for by the previous owner, He said this was on McKinley Street, and he ' could not see how this assessment would prove to benefit those living north and south of the area. He questioned why the people of the area have to pay ' for this assessment now, just because Mr. Harris was developing property. He asked why the developer was not paying for this. He stressed the point that he thought all of the assessments had been paid in this area. Mayor Liebl said the City Engineer had explained the policy of the City which has been followed since 1962. Ne explained that a precedent had been set and all those living in Fridley would have to pay for the storm sewer. He added, the people will be assessed for the laterals and the mains. He pointed out that this area is in the storm sewer district and to comply with the improvements, the entire area and district would have to be improved. Mayor Liebl repeated, that the proposed plat is of the proper zoning and if it is to be developed by one man or ten, the City would have to provide the improve- ments. I Mayor Liebl recalled the original proposal called for an expensive piping system which would have cost the area people more than a million dollars � and the above ground system of ponding as. proposed would reduce the costs. Mayor Liebl explained that Mr. Harris is trying to develop the area which is properly zoned and the developer would provide the water, sanitary sewer and storm sewer, streets and curbing for the area at a cost of $3,000 per each lot. Mayor Liebl pointed out that he had paid a total of � $3,000 for the assessments on his lot in Sylvan Hills, and asked the people of the area to understand the obligations of the City in this matter. Mayor Liebl said there had been a hearing on the proposed plat the previous Monday eveninq. He explained the Council was not trying to do something illegal and he questioned the City Attorney on this point. He added, the original proposal for this area had been an $880,000 system that would cost $1,300,000 today, and the area could not afford this system. The City Engineer and the � Consulting Engineer had worked out this less expensive system and this was the purpose of the present assessment hearing. He explained the area in the plat would be used for ponding, and this would eliminate the overall system and allow for the piece meal method which would be feasible from the engineering standpoint. Mayor Liebl asked the City Engineer if this would be feasible and the City Engineer said yes, with some problems. Mayor Liebl said the area water would be flowing into this area anyway, and he asked the City Attorney what would be the ruling on the Supreme Court level on such a matter. The City Attorney said the policy which has been established is that all land will fall into drainage areas whether high or low and all land would be assessed, and the City has followed this policy as indicated on the City map. He said the present system is the same in princtple of execution as before and has been discussed for this area previously. • Mayor Liebl pointed out that Mr. Harris is paying more than the other people of the area for assessments and improvements. A resident of the area said he appreciated the point the Council was trying to make. He referred to the orange areas of the map which surround the green and said this is where most of the people present at the meeting live. He questioned the use of the partial type of system and said this had gone on before and they were again facing an additional assessment. He said he did not feel the City had fulfilled the commitment to the people of the area if the system , ' ' 118 REGULAR COUNCIL MEETING OF SEPTEMBER 24, 1973 PAGE 6 had to be done again, He questioned if this would be done again in the � future with more assessments in the area if the developer would come in • and ask to have his land drained? He questioned the need for the area residents being a part of the develope�s system and asked if the City ' must drain the man's land, and include other individuals in the cost of this. ' Mayor Liebl pointed out that the City would own the land in the ponding area and the developer would not drain it in the future. ihe City Engineer agreed and said the City would have control of the ponding area. He stressed, only the City could develop the land, and only the City could ' drain the area. The City Engineer said the powers of eminant domain should be considered and the City could obtain an independent appraisal of the land . and acquire the land for public purposes. The City Engineer said there woutd be no additional assessment for those people who have paid for the , water and sanitary sewer in front of their homes. He added, the only additional assessment would be for the improvement of Mississippi Street and the south half of the block would be assessed-for the street. He explained the only thing being assessed now would be the storm sewer. , �i J� ' Mr. Dennis Schneider, 6190 Stinson Boulevard, said he had paid an assessment in Project 106 and he was to pay another $2.70 per 100 square feet. He questioned the reason for this. The City Engineer explained this wouid ' be to provide an outlet•for the area. The City Engineer said the total would be $7.70 per 100 square feet.. Mr. Schneider said this.would be more than paid by the people in the other areas. Mayor Liebl said eventually, the area would be equalized. The City Engineer said there may be some. � additional assessments in the future. Mayor Liebl asked if this would , take care of the area where Mr. Schneider resided and the City Engineer said this would direct the flow to the holding pond and the pond in the Briardale area is a temporary holding pond and the area is flooding. He stressed the need for an outlet for the Briardale area. Mr. Schneider asked if the City would plan to add to the assessments the following year. The City Engineer stated that the assessments would have to be equalized within the district. . ' Mr. T. Theilmann, 1540 Rice Creek Road, said the assessments south of Rice Creek Road would total $7.70 and Mr. Harris' assessment would be $7.04. � He questioned why those outside the plat were more. The City Engineer said there would be more piping in this area. He said the people had been ' " assessed for the pipe from 62nd to Briardale north .to Rice Creek Road. He added, the area north of 66th would not be included in this district and would be taken care of at a later date. A resident said the people from Dailey Homes, Inc., in New Brighton had , � been putting fill in the area, The City Engineer said the City had been in contact with these people and there would be one outlet pipe for the entire . area and the City would be working with them and they would have to pay their fair share. u ' � The resident asked what would happen if those people did not agree, would the ' area Fridley residents pay for the system. The City Engineer said the two cities are constantly working on a cooperative basis for the good of both cities. Mayor Liebl assured the people there would be no problem working � a solution out with the people of New Brighton. The resident asked if the land was being considered for the total cost of the area. The City Engineer said the only costs to be assessed to the home owners would be the cost of the pond land costs, the outfall and ditching. The developer would be taking care of the costs for cleaning and dredging the ponding area, the City Engineer said. ' '� A resident of the Briardale area asked what the $5.00 assessment per 100 � ' • square feet had paid for. The City Engineer explained that there was a complete system in the area, but no outlet for the system had been provided. � He said the $2.70 would be for the outlet to the ponding area. , A resident stating he resided on McKinley said he was under the impression that all the improvements were in the area.. He asked what additional costs would be assessed to the area over the long range plan. The City Engineer said those property owners who are developing their land would be required , _ _� � I ' � � � r i f�GULAR COUNCIL MEETING OF SEPTEMBER 24, 1973 PAGE 7 to escrow $800 per building site for the storm sewer of the area. He said ' this had been figured as a ceiling price for the improvement at today's � rates. He said there would be no future.improvement with the exception of ; Mississippi Street. The resident said he understood the fact that it is the ' City's legal obligation to provide water and sewer for the man who developed , the land, but he would question if this would warrant tearing up his street again. Councilman Starwalt said he thought the question to be whether or not this ' would be the last of the assessments in this area, and he said he did not think it would be. He explained the situation of the area and said this may be a temporary situation for the holding of the water and it may have to go someplace else in the future. He said the ditch would provide a drainage area � to Moore Lake at the present time. He explained if this is not sufficient to handle the needs of the area, there will be a need for an underground piping facility to Rice Creek and this would be an expensive proposition. He ' stressed, the present proposa7 to drain into Moore Lake would be less expensive. 119 ' The City Engineer pointed out that the total cost of the proposed drainage � improvement now would only be $153,000, which is about one tenth of the original esti-. ' mated cost for the total storm sewer system in this area. He said he did not think the development of the area was ready for such an expensive system. � , Councilman Starwalt said the people would be paying more for the storm sewer assessments in the future. He said Richard Miller Homes had to escrow the $800 per building 'site for the storm sewer and if other developers come into the area, they will have to pay the full amount for the improvement. He said this would insure the future home owner the full improvements are in and paid for. � Mr. Darly Wolf, 6446 Arthur Street, asked if the area west of Arthur Street ' would be assessed. The City Engineer said this was not within this project, ' but it would be assessed in the future. He said when the system is put in and the piping furnished, this area would atso be assessed. , A resident of the area present at the meeting said he had a letter to submit to the Council on behalf of Kenneth Moxness, 1604 66th Avenue N. E. He gave the letter to the Council. . � MOTION by Councilman Starwalt to receive the letter from Mr. Kenneth Moxness, , � 1604 66th Avenue N. E., regarding Improvement Project No. 114. Seconded by Councilman Utter. Upon a voice vote, al] voting aye, Mayor Liebl deciared the motion carried unanimously. u i � � LJ I U �I � . Mr. LaMoine Follingstad, 1626 Rice Creek Road, said the first ponding method � had failed, what would happen if this method failed. ; Tf�e City Engineer said the City cannot put additional water on private property unless they obtain an easement. He said this area being questioned is in the Briardale plat and would be filled and developed and was only a temporary solution to the problems of tMe area. He said the City would have to acquire the easements and direct the flow to the Harris plat. Mr. Follingstad said the assessment would be $8.00 per 100 square feet and his praperty was an acre. Councilman Starwalt said he would like to talk with Mr. Follingstad about this matter. A resident of McKinley Street asked why the storm sewer had not been provided when the street was put in. The City Engineer said McKinley would not be torn up again, He said there would not be anything in the street, only in Mississippi Street. The resident said there is a culvert there and nothing in the street. The City Engineer said when Mississippi is improved, the pipe will be completed. The resident asked if there would be two parts to this system and Mayor Liebl said the City has a policy to assess for the lateral installation and the main installation just like what is done for the sanitary sewer. � � � 120 REGULAR COUNCIL MEETING OF SEPTEMBER 24, 1973 PAGE 8 The City Engineer listed the various areas included in the improvement, saying there are four areas. He added, there would be no assessment for the residents south of 61st at ihis time. Those in Briardale would be paying $2.70 per 100 square feet. He said the third area would be north of Rice Creek Road, east of Arthur Street, and south of Mississippi Street and the assessment for this area would be $7.04 per 100 square feet. He said the developer would be paying for the dredging of the pond. Ne said north of Mississippi to 66th Avenue, the assessment would be $3.75 per 100 square feet, He added, no residents north of 66th Avenue would be assessed at this time. ' Mayor Lieb7 said some of the people had paid for the laterals of the storm sewer system. The City Engineer explained, these people in Briardale would only be paying $2.70 per 100 square feet for the outlet and this was only in Briardale. ' ' � � ' ' � I� � ' � � Mr. David Harris addressed the Council and introduced his engineer from Suburban Engineering, Mr. Sill Meyer. Mr. Harris said he would be paying $255,000 for the installation of the streets and gutters in the proposed plat and an additional $800 per lot for the storm sewer or the total of ' about $56,000. He said the earth moving was also a substantial sum and the � total expendature by the developer would be $375,000 to develop 73 lots. He said there would be very low density in the area with most of the lots being ' about a half an acre. He said he did not think he should be required to pay for the total dredgng of the pond �then the people_outside the plat would also benefit by the use of the ponding area. Mr. Harris said he did not believe this to be fair and it did not seem that the assessments were being equalized. He said he did not think he should have to pay twice for storing the water, and this would not make sense to him. He said he would not ask any concessions, but would want to be treated fairly. Councilman Starwalt said Mr. Harris would be responsible for the dredging inasmuch as he would be paying for this through the assessments. He added, this would not be an out of pocket expense. Mr. Harris said he would like to pay the same rate as the others in the area and this should be an equal rate. � Mayor Liebl said there had been an alternate roll prepared and he stated � the various figures listed in the project. I Counci1man 8reider asked �f the $7.04 per 1�0 square feet would cover the dredging of the pond. 7he City Engineer said yes, and added, the ponding area would be nicer than at the present time. Councilman 6reider asked� if the other areas would be equalized in the future. The City Engineer said yes. , Councilman Breider asked if when people move into the area and pay the $800 per lot, would this cover the entire cost of the storm sewer system, the City Engineer said yes. ' A question on the costs of the dredging and also the need for the dredging , was raised. Mr. Harris said if the City would not confine the water of the area, there would be the same amount of unbuildable property and the City would have to acquire more land than they have now. He said the present ponding area is not a defined area and it goes every which way. Mayor Liebl said if the plat is designed as shown, the City will have control of the water as the system is designed. Mr. Narris said the improvements should be included over the entire assessment area. . Councilman Breider asked Mr. Harris if he was objecting to the $800 per lot ' to be put into escrow for the storm sewer system. Mr. Harris indicated he did not object to this, but he would be paying at the $7.04 level, and there � would be other levels of payment. He said he would object to others not being assessed at this same rate. He said his assessment should not be accelerated and others not pay their share. I�' REGULAR COUNCIL MEETING OF SEPTEMBER 24, 1973 PAGE 9 � ' � . Councilman Breider addressed Mr. Harris and said Mr. Narris was on the ' ' Council when the escrow amount was established for this area. He added, �' '. - there was to be money escrowed for all of the new development of the area � and this would be for Mr. Harris, any other devel�per or anyone buying a house in the district. Gouncilman Breider said he did not know where � the objections were. �I ' Mr. Harris said he was not objecting to this amount of escrow, if the rate were to be equalized. He said he did not see where some could pay � $2.00 and some $5.00 while he would be paying $7.04. Councilman Breider said the rate of assessment in the district would be equalized in the future. Mr. Harris said he could live with this, but 1 this was difficult land to develop. , The City Attorney said it would be a matter of record in the Council minutes ' that Miller, 0'Bannon and Harris had been treated this way, and as long as the costs are lower than the $800, this would accommodate the needs of the ' area and be consistant with the policy. � Mr. Harris questioned if the City would be doing the work on the pond and assessing it back to himself. The City Engineer said yes, this would be � the entire area marked as E. 7he City Attorney said the entire amount wi11 be assessed when the project is complete and assessed, but the $800 will be paid when the building permit is taken out. He said when the assessment roll is complete, the escrowed money would be taken out for the payment of the assessment costs. Councilman Utter questioned if there would be a problem created because Mr. Harris did not intend to do the construction of the area. He would oniy be i platting the area and selling the lots. He asked if this would require the the homeowner to pay the escrow amount when applying for a bui7ding permit. The City Attorney said he would be concerned about inquiries made for title searches, would the assessments be listed as in and paid for. A resident of the area said he would be paying $1,900 for the storm sewer assessment and his property was 145 feet by 190 feet. He asked if there would be any consideration given to those people who were unable to divide or � further develop their property because of the appravat of the p1at. He said this was an unusual circumstance. � Mr. Don Severson, 6549 Anoka Street N. E., said he has had five houses in the area and had resided there since 1949 and there had been no water problems in 45 years. He said if the developer wants to develop a swamp, why do the property owners have � pay for it. He said for the past 25 years there has been a swamp there and when a developer goes in, the area property owners have to pay for it. i� 6 Another resident said this would be done if a developer came along or not. Councilman Breider said this area has never had storm sewer per se. He said the water had to be directed somewhere. He said the present property owners are collecting everyone else's water. He said if the developer has platted the land, he would not have to take everyone else's water. He added, the Council had developed a policy of piece meal development of the area in.which the people would be assessed as the area developes. He said he did not think it would be fair to the people in other.districts if a large general tax levy were created for the acquisition of the entire parcel. He said there would be an assessment whether or not Mr. Harris was to develop the property. He said the proposal of the area last year had been for the construction of duplexes and this had been turned down by the Council. Now the proposal is for the construction�of R-1 dwellings and a nice development. The City Attorney said if the City is to collect water in a storm sewer system, it cannot dump the water on private property. He added, in a natural state, the water may run on the property, but it would be difficult for the City to drain on private property, there are laws against this. He recalled the G1over Lawsuit and said a situation like this had ended up in court, and in his opinion, this was similar. 121 122 REGULAR COUNCIL MEETING OF SEPTEMBER 24, 1973 PA6E 10 Mayor Liebl said there would be three alternatives. One would be to put in the expensive system which would be underground and cost over a million dollars. He said there is a possibility this may be aided by some federal funding. Mayor Liebl said the second type of proposal would be the proposed method of piece meal development of the area. He said this would be as the land is developed, those benefited would be assessed. He added, anyone has the right to develop land if the zoning is proper and requirements are met. Mayor Liebl pointed out that the developer may force the City into court and receive favorable judgement on the development. He.continued by explaining the Metro Council will not alloa� any more cesspools and the City must provide a system for all development. He said according to the requirements of the Federal Governments and the Metro Gouncil, the City is to provide proper services for all development. Mayor Liebl said there seems to be some misunderstanding that the Council may be trying to help Mr. Harris. Mayor Liebl asked each member of the Council individually if he had any money in the proposed plat and each of the Council members, including himself said they dtid not. He said Mr. Harris had been a member of the Counci7, but he had worked with many property owners to acquire this land and it was his constitu- tional right to be able to develop it. A resident of the area asked�if the drainage system to the ponding area were to plug up, would they have to pay for the system again. Mayor Liebl assured the resident that the system would be of proper des9gn and would not plug up. The City Engineer said if the pond is developed properly and maintained, it would not be drained at a later date, Mayor Leibl said the pond would be owned by the City.. A resident of the area questioned the safety of the use of an open ditch for ' ' the overflow of the ponding area. Mayor tiebl said this ditch would have to meet env�ronmental standards, and if the City would obtain the right of way, they would have to maintain the area. The City Engineer explained the ditch would be shallow with slopping sides and added, this would be piped when the � district could afford the project, but at this time, it would be cleaned periodically. He said this would be done with a nominal maintenance cost which would come from maintenance funds, not assessments. , Mayor Liebl said it is very difficult to resolve the storm sewer problems ' of the second ward because of the geography of the area. He thought the , City could ask for a grant to aid in the funding of the installation of the � mains in the area. He added, he did not think the people of the area could • afford the installation of an eight foot pipe for this system. He said ' � it would be possible to take care of some areas and get the water stored some way. , ' ' , Councilman Breider said his interpretation of the di.tch would be when the lake rises, the overflow would be directed in the ditch and proceed to Moore Lake. The City Engineer said the lake would have to fill up before any water would run out of the area to the ditch. Councilman Breider said the water would not run in.the ditch after every rain. A resident asked if the ditch would be fenced to protect the small children of the area. Mayor Liebl said this would depend on the situation, if it is at all unsafe, this would be taken care of. A resident said there are 31 children in the area where the ditch would be created, and this would go through their back i yards. . Councilman Starwalt said he had seen what had�been called the County ditch and one man had built on the top of the ditch. He said this has been there � for many years to take care of the flood level waters such as the 100 year level of rain. Councilman Starwalt said he believed the ponding area would take care of the many levels from one to two feet. � . Mr. Roy DeMars, 1442 Mississippi Street, said he had lived in the area for ' 27 years and there has always been a ditch, but the ditch has been dry. He said he would not be gaining a thing by the dredging of the Harris property and he is being assessed the same rate for an acre of land. ' A resident of the area asked what the cost would be to dig the ditch between ' 64th and Moore Lake. The City Engineer said this had been estimated at $3,800. The resident asked who would be paying for the ditch. The City Engineer said those west of Arthur Street are not being assessed, but would �� ' , ' , ' I! � , � ' ' , ' ' ' ' ' REGULAR COUNCIL MEETING OF SEPTEMBER 24, 1973 eventually be assessed for the storm sewer improvement, also. PACE t � A resident asked if the ditch had to be put in to complete the plat at this time. The City Engineer explained the water would be going where it is going now. A resident said the only time there is water in the ditch is in � the spring before the frost comes out of the ground. A resident asked when improvements would be done on Mississippi Street and would this include storm sewer, curb and gutters? The City Engineer said there would be a hearing on this matter. He said the improvement is scheduled for installation in the 1974 season, but the property owners would receive notice of the hearing on the improvement. Councilman Utter asked Mr. Mike 0'Bannon, County Commissioner, if there was � a possibility that the County would maintain Mississippi from Central to the City limits. Mr. 0'Bannon said this would be possible if Ramsey Council would maintain Mississippi as it connects at the City limits. He said by State Law, � if the County is to maintain the area, it would have to connect to another � County Road. A resident asked what would change in the future to enable Fridley to obtain funding for the improveinent from the Federal Government that is not existant at the present time. Mayor Liebl said he believed this to be a political question and this type of funding is done on a first come first serve basis. ' He thought the City could justify the need and cost from the local standpoint. He added, the money would be spent on a specific purpose. Mayor Liebl said he did not know how much money was available for this type of project, but he thought the City should at least try for the funding. Ne added, if it would be possible to obtain the funding, the money would benefit the entire district, He indicated this would be the only way to complete the proposal of 1968 for the completion of the project. Mayor Liebl said if the Federal money is obtained, the City can allocate it as it sees fit. i A resident asked if the application for the funds � Mr. Harris' plat is developed. Mayor Lieb1 said up for an answer from the Federal Government. The ask the City to make application.for such fUnding until same determination is made. could be made before this could not be held resident said he would and not tear up the.area The City Attorney said there is no funding available for storm sewer projects � at this time. The City Engineer said they had tried to fund the project in 1968 and now, the proposed cost is only over 1/10 of what was being talked about at that time, The City Engineer stated the City would keep trying as . long as there was a hope. The City Attorney said at the present time, it is so difficult to obtain , funding for improvements that the Federal Government requires an application to submit an application and they are not taking any applications. ; Councilman Starwalt said the total taxes paid in the area the previous year was $550, and if the land is to be developed, this would bring the City a great amount of tax revenue. A resident of the area said he could see where the City would benefit by the additional tax revenue it would receive, but he did not see where the property . owners abutting the plat would benefit. The resident said he thought the cost of the improvement wouid be justified oniy to the developer of the plat. He suggested the developer would be getting off scott free and the area people - would pay for him to be making a profit. He said he would like to ask the Council to reconsider the costs to the adjoining property owners. Councilman Breider said it would be another year before the final assessments ' are levied. He added, the present amount is an estimated amount and the final assessments would not be known unti the improvements are in. Councilman Nee asked the people present if they were aware of what was being done in this project. He added, the list was lengthy and he would not under- stand if the list was not before him, The City Engineer said the improvements had�been explained to the people and the total amount to be assessed would be $153,000 and this was the second of two proposals given to the Council and the City adopted the recommendations 123 , � ' • ' �1 ' � �I ' ' I� � � ' ' ' �� '� � 124 REGULAR COUNCIL MEETING OF SEPTEMBER 24, 1973 so the developer would pay more. PAGE 12 A resident of the area asked how big the ponding area was. The City Engineer • said there would be 8'2 acres in Fridley and 1; acres in New Brighton, about ten acres total ponding area. Councilman Breider said there would be 12 acres of park and public access to the ponding area. Councilman Utter said he thought there would be more than 1 2 acres . A resident asked if the shoreline of the ponding area would be essentially • private property. Mayor Liebl said this property Would belong to the surrounding property owners. Councilman Starwalt pointed out the area that would be park and said it is now under water. Mayor Liebl said this development would be simi]ar to one in Edina and the homes would range in price starting at $40,000. The resident said he thought this would be a lovely area, but asked if i� would be possible for the City to acquire the lots around the lake. Councilman Starwalt said it would be like Locke Lake where the surface of the water would be public and there would be public access to the lake. Counci7man Starwalt said he thought this would be a nice area, now it is a swamp. A resident questioned the City Attorney asking if in other areas there had beeri a precedent set by assessing a large lot that could not be developed. He asked if the amounts of the assessments could be reduced, The City Attorney said the area is usually assessed uniformly on a square foot basis, but the Council has to take into consideration the benefits divided by the assessments. He added, if the property owner can convince the Council that the assessment is greater than the benefit gained, the Council -`� could reduce the assessment. He said the assessment would also be subject to court review, but to determine if a different rate per 100 square foot could be considered, he had not seen it done. _ The resident said there are people who are hemmed in by the plat and they cannot develop their property. � The City Attorney said the people would have to convince the Council or � the Court that the particular benefit is not as great.as the assessment. The City Engineer said this piece meal system fits in the overall plan '� and the assessments would be equalized in the'future. MOTION by Councilman Breider to close the Public Hearing. Seconded by Councilman Starwalt. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously and the Public Hearing closed at 1Q:31 p.m. Mayor L•iebl asked if the portion of the assessments dealing with the Michael Servetus Addition was to be discussed. 7he City Engineer said it would not have to be discussed as the people had asked that it be deleted. CONTINUED PUBLIC HEARING ON 1974 BUDGER (CONTIhlUED FROM MEETING OF SEPTEMBER � 7 , 1 73 : MOTION by Councilman Breider to continue the�Public Hearing on the 1974 . Budget. Seconded by Counci7man Nee. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously and the Public Hearing continued. Mayor Liebl said the workshop meeting on the Budget for 1974 would be the following evening in the Community Room at 7:30 p.m. RECESS: Mayor Liebl called a ten minute recess at 10:35 p.m. RECONVENED: Mayor Liebl reconvened the Regular Council meeting at 10:50 p.m. REGULAR COUNCIL MEETING OE SEPTEMBER 24, 1973 CONSIDERATION Of fIRST READING OF AN ORDINANCE PAGE 13 THE PARKING OF UF IHE FKlULEY G1TY GUUE (IHBLtU SENItMBEk I/, 19/3): MOiION by Councilman Breider to table the consideration of the First Reading of the Ordinance because there may be some conflict with the Junk Vehicles Ordinance Number 39A2 Seconded by Councilman Utter. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. The City Attorney said he would look at the Junk Vehicle ordinance to deter- mine if the two would be inconflict. t NEW SUSINESS: FIRST READItJG OF AN ORDINANCE FOR REZONING REOUEST ZOA #72-09, CENTRAL AUTO MOTION by Councilman Starwalt to waive the reading of the ordinance and adopt the First Reading of the Ordinance requested by Central Auto Parts. Seconded by Councilman Utter. Upon a roll call vote, Breider, Starwalt, Liebl, Utter and Nee voting aye, Mayor Liebl declared the motion carried unanimously. . FIRST READING OF A� ORDINANCE AMENDING THE CHAPTER REGARDING TNE SALE OF INTOXICATING LIQUORS AND PROVIDING THAT THERE SHALL BE NO CONSUMPTION OF INTOXICATING LIOUOR AFTER HOURS OF 1:15 A.M. AND PROVIDING THAT NO PERSONS HtttK I;10 N.�.: � MOTION by Councilman Utter to waive the First Reading of the Ordinance and adopt the First Reading. Seconded by Councilman Starwalt. Upon a roll call vote, Starwalt, Liebl, Utter, Nee, and Breider voting aye, Mayor Liebl declared the motion carried unanimously and the first reading adopted. FIRST READING OF AN ORDINANCE AMENDING CHAPTER REGARDING THE SALE OF � ktMH1N UN IHt NKtMi5t5 NhItK f:15 H,M.: MOTION by Councilman Utter to waive the First Reading of the Ordinance and adopt the First Reading. Seconded by Councilman Starwalt. Upon a roll call vote, Starwalt, Liebl, Utter, Nee, and Breider voting aye, Mayor Liebl declared the motion carried unanimously. FIRST READING OF AN ORDINANCE AMENDING CHAPTER REGARDING THE SALE OF NON- I 0 I TI�G MAL 1 UORS ND PRO IDIN TH ERE SHALL BE NO C�NSU P I N 75�75ts iN1'nxrrn'�TTr`� r r iina�e nFTFR unu�s nF 1�15 A_M_ AND PR VIDIN THAT PREMISES AFTER 1:15 A.M.: MOTION by Councilman Utter to waive the First Reading of the Ordinance and � adopt the First Reading. Seconded by Councilman $tarwalt. Upon a roll call • vote, Starwalt, Liebl, Utter, Nee, and Breider voting aye, Mayor Liebl . declared the motion carried unanimously. APPROVAL OF FINAL PLAT P. S. #73-06, HARRIS LAKE ESTATES, BY DAVID HARRIS, GENERALLY LOCATED SOUTH OF MISSISSIPPI STREET, EAST OF ARTHUR STREET, WES7 i F E ST CI Y IMITS ANG N R OF RI E CREEK RO D: Mayor Liebl asked Mr. Harris if he was willing to pay the amounts for the improvements of the area that had been discussed previously during the Public Hearing. I MOTION by Councilman Starwalt to approve the Final Plat submitted by Mr. David Harris and appeared on page 5 of section III of the agenda with the seven stipulations recommended by Planning Co�unission. Seconded by Councilman � Utter. • � - � I 125 �� C� , 126 REGULAR COUNCIL MEE7IN6 OF SEPTEMBER 24, 1973 PAGE 14 '� A resident of the area said he would like to see the final plat delayed until more people of the area could submit their ideas on the usage of the area. ' He said he would like to establish 75 feet around the ponding area as public property because there are many people who would be contributing to the water � running into the ponding area. He suggested a bicycle path be created, or some use that would be directed a little more to the people of the area. � Mayor Liebl said there had been a Public Hearing on the Plat the previous � Monday evening, and at the present meeting there had been a Public Nearing on the improvements. He said as he saw the matter, this development would have to be private property. He added, the people who reside on Rice Creek ' do not want to give the people access, they like to keep the property private, and this is the most efficient method of having the area beautifully maintained. He said the 75 feet would create great damage to this area. ' �1i � Mr. Harris said giving this amount of property would make the lots unbuildable. He said there will be public access in the park area and the lines of the ' ponding area would not be straight as the lines of the plat map indicate the property lines. He added, if a path were installed, it would have to be a one ; way path to New Brighton. Mayor Liebl said the City was presently trying to establish lot lines that would extend into Locke Lake establishing private property to the lake. ' The •resident asked what if Lake Nokomis had no public access to the lake. ' Mayor Liebl said this was a different situation as this was park property. The resident said this was because the Minneapolis people had the foresight to obtain it for public purposes. He said the people of the area would only ' get a glimpse of the area from Mississippi Street if the present plan were adopted. , ' , , u Councilman Utter said it may be years before there are homes in the area. -� He said Hennepin County had been acquiring land outside it boundaries and _� had recently obtained some in Maple Plain, Minnesota. He added, if the City of Fridley had the money to do this, it would be fine, but the lots would cost the City at least $6,000 each as they are now. Councilman Utter said at this rate, the people of the City would not go for the idea to acquire the lots around the lake for a park. The resident said he would ask the Council to delay any action until the � people of the area were able to have some input on the use of the property. ! Mayor Liebl said he had not seen any opposition to the plat at the Public � Nearing. He said perhaps there were one or two people against the plat ` and at least ten people for it. � The resident said those who had been notified were those who resided only 300 feet from the proposed plat and now the other people had been make aware of this through the assessment hearing. He added, he realized the storm sewer system would have to be installed in the area and the peop7e of the area would be assessed for the improvement. He said some of the area residents do not think the proposed usage of the property is as nice as it could be. , Councilman Utter said he had spoke to those involved in the consideration , , along with Mr. Harris and the Acting City Manager. He said he had been questioned earlier in the evening by the Chairman of the Parks and Recreation Cornrnission and the Chairman asked if it would be possible for the City to '. ', obtain more land for the parks in this area. He added, he had spent hours with Mr. Harris and had received assurances that the amount in excess of the , acre and a half would be dedicated for parks. Councilman Utter said the Commission would like to acquire three acres in this area, and if there is any way this could be worked out, he would see that this is done. He added, he too would like more park property and the people had petitioned ' . � for a hockey rink in this area. He thought this would be an ideal location for this type of installation. Councilman Utter said if the land were to be acquired, it would have to be taken from the Park funds. ' , , � ' ' ' � 127 REGULAR COUNCIL MEETING �F SEPTEMBER 24, 1913 PAGE 15 . Mr. Harris said he had met with the members of the Plats and Subs Subcommittee and no one had spoke in opposition to the plat. He said the people of the area effected by the plat were notified and had no opposition to it. He added, � the proposed development and plat was in line with the ordinances of the City. Mr. Narris said it would be necessary for him to have approval on the plat as soon as possible so the engineering aspects of the area could be worked out. He added, the dredging should be done in the winter months and should not be done in the spring. Mr. Harris said he had spent alot of money and time and he had done what the City had requested of him. He said he would like to try to work out the details on the exchange of property to create the larger park, but he would not like to have the plat held up any longer for the . consideration of this matter. Mr. Harris requested some action on the plat � so he would be able to determine where he stood in the matter. Mayor Liebl said the Plats and Subs Committee and the Planning Commission ' had recommended approval of the plat. He added, the matter had been before the Council in a Public Nearing. He said it would be in order to vote on the matter. � , iJ � � , , ' ' ' ' , Councilman Breider said he would like to go through the stipulations of the Planning Commission individually reading them into the record. l. Drainage and storm sewer be determined before development. Mayor Liebl said this matter had been taken care of. 2. Temporary turn around pravided at the end af 63rd Lane. Mr. Narris said this had been provided for permanently on the plat. 3. Underground utilities be used. Mr. Harris agreed with the stipulation. 4. Include a tot lot on the plat. Mayor Liebl said the park property i had been provided for and this would be 12 acres at the present time . and additional park property acquisition would be negotiated with Mr. Harris and an exchange will be executed if it is feasible. 5, Developer plant a tree on each. Mr. Harris agreed with this stipulation. 6. F'oundation elevations be established and checked for waterproofing of foundations, 7. Radius be provided at all intersections. Mr. Harris said this had been provided for. Councilman Nee said he was concerned that there had been a greater lake presented than would be realized in actuality. He questioned if it would be possible to ; somehow establish elevations, he did not want the people to think this would be a lake and after a few years the conditions would not allow the operation of a canoe in it. Mr. Harris said the City Engineer and his engineer would be working together to obtain_ a balance of fill and provide slopping sides to the ponding area. Counci7man Nee said he was also concerned about the City's commitment to maintain the area as a jewel lake that is a ponding area. Mr. Harris said those people who reside on Rice Creek take care of the area and maintain the shore line, and the same would be true for the properties - around Locke Lake. He said this is not the case in Locke Park, because the City does not have the funds or the personnel to properly maintain the shoreline. He said the water's edge is quite different on public and private ' property. � ' Councilman Nee said he would like some language on the record as to what the ' City was to be maintaining. He asked if this would be a ponding area? Mr, yarris answered this is true. Councilman Nee asked what would happen if the area would at some time fill with cattails, it would still do the purpose of • ponding for the City. Mr. Harris said this type of stivation would be prevented by engineering standards. Councilman Nee said the chickens are coming home to roost on Locke Lake � because it is filling in. Ne said he would like some way of conveying to �, ' � 128 REGULAR COUNCIL MEETING OF SEPTEMBER 24, 1973 PAGE 16 the people to not have their expectations too high on this ponding area. He asked if it would be possible to call the area a water storage area on the plat. The City Engineer said the developer understands the concerns of the Council and he would recommend that a depth of from three to six feet be established for the pond. Councilman Nee asked if this could appear somewhere in the tiile search. � The City Engineer said this would be City property. Councilman Nee said the salesmen in the area had stated there would be a p'ark were Midland now stands, he would like to make sure this sort of promise is not made in this area about the ponding area. The City Engineer said the record should state that this would be a retention area with.a depth of from three to six feet. Councilman Nee said the area may turn green and fill with lily pads. Mr. Harris said the area would be more expensive for the reason of preventing this, He added, other aspects have 6een considered that would reduce the possibility of this type of deterioration. Couricilman Nee asked Mr. Harris if he would object to the words "ponding area being added to the plat. Mr. Harris said no, but the people may not see the area as a ponding area, they will see it as a lake. The City Attorney said it was written on the plat at the present time. The City Engineer said this would be taken out. The City Attorney said it would be possible to stipulate this appear on the final plat. Mr. Harris pointed out the ponding area and the present wetland on the plat map. The City Engineer said this could be called a storage area. Mr. Harris said he would prefer the wording as ponding area. _ MOTION by Councilman Nee to amend the motion and add stipulation number eight, that the words ponding area appear on the final plat and the depth of the ponding area would be from three to six feet. The motion:was:.seconded. Upon a voice vote; all voting aye, Mayor tiebl declared the motian carried uannimously. � UPON A ROLL CALL VOTE of the original motion, Utter, Nee, Breider, Starwalt, and Liebl voting aye, Mayor Liebl declared the motion carried unanimously and the final plat approved. RECEIVING THE MTNUTES OF THE PARKS AND RECREATION COMMfSSION OF SEPTEMBER , 973: MOTION by Councilman Breider to receive the minutes of the Parks.and Recreation Commission meeting of September 5, 1973 and concurring with the recommendations for the names of the Parks, Ru�h Circle Park and Skyline Park, and noting that the minutes are on time. Seconded by Councilman Utter. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. � RECEIVING THE MINUTES OF THE PLANNING COMMISSION MEETING OF SEPTEMBER 12, 1973:, The City Engineer said the items within the minutes would require no action by the Council. MOTIOlV by Councilman Breider to receive the minutes of the Planning Cottunission Meeting of September 12, 1973. Seconded by Councilman Starwalt. Upon a voice vote, all yoting aye, Mayor Liebl declared the motion carried unanimously. APPR�VAL �F SENDING LETTER FROM MAYOR LIEBL TO FEDERAL COMMUNICATIONS COMMISSION: � Councilman Breider said he thought the letter to be very well written and the content to be excellent, but he had one minor objection. He referred the Council's attention to the amount of $5,000 in the budget for the Commission. He said he felt the budget should only allow the required 53� of the subscriper revenues as stated in the Ordinance. He questioned how the City would communicate the idea that it needed more money if the expenses did not exceed the income. He said this would show a definite ne't deficit. y _� � _. _ f REGULAR COUNCIL �fEETING. OF SEPTEMBER 24, 1973 PAGE 17 �i The City Engineer said the 5% would be $3,500. Councilman Breider said i. this would be $1,500 short of the budyeted amount. He suggested all the . figures for the budgeted amount be changed to $3,500 with the statement that the Commssion would be short with the 5%. He said he thought this to be fair to � the people as the City had said this would not cost them anything. Councilman Starwalt said he agreed with this statement. He said he would reduce the amount to $50. He said this was not just the cost of the CATV Commission, , but also the additional cost of riding herd on the Ordinance. ' Councilman Breider said from now on, besides the $25,000 acceptance fee, ; $3,500 would be available to the City in addition to the franchise. The City Engineer said the $25,000 was a starter fee,and the City would obtain , more revenue in the future. He said this amount may be increased to $10,000 in the future. Councilman Breider said he thought the income from General Television should be stated at $3,500 and change the letter to state that the budget proposal had been $5,000, adding that the Commission would be operating at a lower level because it is short. He said he thought the letter could be retyped and � sent without coming back to the Council for approval. The City Engineer explained the City would be obtaining the $3,500 only if the F. C. C. would agree to the 5%, and this amount would be reduced to $2,100 if the 3/ would have to be used. Councilman Breider said the letter should state that the 5°ra is needed now. The City Attorney said this point should be emphasized. i Councilman Starwalt questioned on the first page of the letter the amount of 20 hours per week for engineering surveillance. Councilman Breider said this would be two and a half days per work week. Councilman Starwalt said this would include report time. The City Engineer said the Company is ' installing cables in the entire City. MOTION by Councilman Breider to authorize Mayor Liebl to send the letter changing the amount from $5,000 to $3,500 stating more would have been budgeted for the Commission it it had been available, but it appears the ' budget will be short $1,500 even with the 5% of the gross subscriber revenues as amended. Seconded by Councilman Utter. Upon a voice yote, all voting aye, Mayor Liebl declared the motion carried unanimously. The City Attorney said he believed the letter would be proper as 3� is the minimum figure the Ci.ty could obtain without action from the F. C. C. APPROVAL OF LETTER FROM CATV COMMISSION TO FEDERAL COMMUNICATIONS COMMISSION: MOTION by Councilman Breider to approve the signing of the letter and authorize ' the Commission to send it as it is very well written. Seconded by Councilman Utter. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. �� I, � ' ' � MOTION by Councilman Nee to receive the letter from Father Ed. Seconded by Councilman Starwalt. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. � APPROVAL OF LETTER TO METROPOLITAN AIRPORT COMMISSION REGARDING LAND FOR GOLF URSE: , MOTION by Councilman Utter to authorize the sending of the letter to the Metropolitan AirPort Commission regarding land for a golf course. Seconded . by Councilman Nee. � Councilman Starwalt said he would like the wording of the last paragraph changed stating he did not like some of the aspects of impact of the letter 129 , .' ' ' ' ' ' . ' ' 1 t � ' � I I � � � 13d REGULAR COUNCIL MEETING OF SEPTEMBER 24, 1973 PAGE 18 Councilman Breider referred to paragraph four and said this would change the meaning of the last paragraph if the letter were considered on the whole. Councilman Nee questioned if a copy of the letter would be sent to Blaine. The City Engineer explained both letters would be sent with all of the attached information to both places. UPON A VOICE VOTE, all voting aye, Mayor Liebl declared the motion carried unanimously. Councilman Starwalt said in the agenda, page 10-I, on the first page and last paragraph, he thought the words, "to get a decision" should be deleted from the letter. Councilman Breider agreed stating it seems the City of Fridley is asking for a decision, MOTION by Councilman Starwalt to delete "to get a decision" be deleted from the letter. Seconded by Councilman Utter. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. MOfION by Councilman Starwalt to approve the letter as amended. Seconded by Councilman Nee. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. CONSIDERATION OF A�ENDMENTS TO FIRE RELIEf ASSOCIATION BYLAWS: MOTION by Councilman Breider to receive the evaluation. Seconded by Council- man Utter. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. MOTION by Councilman Breider to approve the amendments in the Bylaws of the Fire Relief Association. Seconded by Councilman Utter. Upon a voice vo�e, all voting aye, Mayor Liebl declared the motion carried unanimously. Mayor Liebl thanked Mr. Aldrich for his presence at the meeting stating, he had been patient. APPROVAL OF SENDING LETTER TO LIQUOR COMMTSSIOfV OPPOSING PROPOSAL FOR ALLOWING LIQUOR ADVERTISING: MOTION by Councilman Utter to approve the letter and authorize the administration to send it, Seconded by Councilman Starwalt. Upon a voice vote, Breider, Starwalt, Liebl, and Utter voting aye, Nee voting nay, Mayor Liebl declared the motion carried four to one. CONSIDERATION OF SURVEYING LOCKE LAKE TO EXTEND PROPERTY INTO LAKE WITH COOPERATION OF COUNTY: MOTION by Councilman Nee to table the item until the next meeting of the Council. Seconded by Councilman Utter. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. _ Councilman Nee said the County Board would be taking some action on the matter at their next meeting and it woul� be brought back to the City when the details are worked out with the County Surveyor. CONSIDERATION OF SCHEDULING COUNCIL P4EETINGS FOR OCTOBER: MOTION by Councilman Breider that the Council Meetings for October be scheduled for the lst, 15th, and 29th. Seconded by Councilman Nee. Upon a voice vote, all yoting aye, Mayor Liebl declared the motion carried unanimously. APPROVAL OF CANDIDATES FOR MEMBERSHIP ON THE VOLUNTEER FIRE DEPARTMENT: ! Ronald Richard Bodin 5824 3rd St. N. E. Age 21 Robert Glenn Friis 4538 3rd St. N. E. Age 25 Robert Berner Goranson 5625 5th St. N. E. Age 28 Ronald Nicholas Romanchuk 5775 Washington St. N.E. Age 27 James Thomas Saefke 5960 Anna Ave. N. E. Age 24 Del George Zentgraf 7895 East River Road A�ge 23 _� ' I '' , ' '. . U ' ' � la,� REGULAR COUNCIL MEETING OF SEPTEMBER 24, 1973 PAGE 19 ' MOTION by Councilman Breider to approve the appointment of the candidates for membership on the Volunteer Fire Department as recommended by Chief Hughes. � Seconded by Councilman Utter. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. � RESOLUTION #131-CONFIRMING ASSESSMENT fOR 1973 WATER AND SEWER MAINS, LATERALS, � AND SERVICE CONNENCTIONS: MOTION by Councilman Breider to adopt Resolution #131-1973 confirming assessments for 1973 Water and Sewer Mains, Laterals and Service Connections. Seconded by Councilman Starwalt. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. RESOLUTION #132-1973 - ORDERING IMPROVEMENT AND FINAL PLANS, SPECIFICAtIONS AND ESTIt�1ATES OF THE COST THEREOF, WS&SS N0. 114: MOTION by Counci]man Breider to adopt Resolution #132-1973 ordering improvement and final plans, specifications and estimates of the cost thereof, 4later, Sanitary Sewer and Storm Sewer Improvement Project #114 with the exception of ' the Michael Servetus Addition. Seconded by Councilman Starwalt, Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. RESOLUTION #133-1973 - IMPROVEMENT APPROVAL Of PLANS AND ORDERIN6 ADVERTISEMENT FOR BIDS, WS&SS N0. 114: MOTION by Councilman Breider to adopt Resolution #133-1973 ordering improvement, approval of plans and ordering advertisement for bids for Water, Sanitary Sewer and Storm Sewer Itriprovement Project #114, Seconded by Councilman Utter. ' � Councilman Nee questioned the condition and materials on the lake bottom. The City Engineer said according to the soil analysis done on the property, the lake bottom would be sand. He said there is about 6 inches of top soil � i which will be dredged to the leve7 of fresh water. ' Councilman Nee thought the City should have an obligation to the other peop1e in the area, and not pay for the dredging. The City Engineer explained the other people would only be assessed for the land costs and the ditch. All of the dredging and cleaning of the area would be paid for by those in the Harris , plat. The City Engineer explained it is a question at where to draw the line and this is a very small area now. � Councilman Nee questioned how much of the work would be done for the City and :' how much for the plat. Mayor Liebl said he though the proposal to be a fair one. ' � ' ' , ' ' The City Attora�ey said in the assessment areas, the Council may want to take a look at the benefit to the people. He referred to the home owner who would be paying $1,900 in assessments and said if this did not increase the market value • of the property by this amount, this could be reconsidered and the balance of the assessments be put on the plat. Councilman Utter said there would be some area to work until the assessment for the storm sewer would get to $8 per 100 square feet on the Narris property. UPON A VOICE VOTE, all voting aye,, Mayor Liebl declared the motion carried unanimously. • CLAIMS: GENERAL 33190 - 33312 LIQUOR 8181 - 8229 MOTION by Counciaman Utter to approve the claims. Seconded by Councilman ' Starwalt. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. LICENSES: � 132 REGULAR COUNCIL MEETING OF SEPTEMBER 24, 1973 PAGE 20 GAS SERVICES APPROVED BY Phase I Incorporated 1845 Stinson Boulevard Minneapolis, Minnesota 55418 By: Roland Miller W. Sandin New GENERAL CONTRACTOR Flynn Construction � 1909 6th Avenue South Anoka, Minnesota 55303 By: Thomas Flynn C. Belisle New . Heinen Homes Incorporated 839 Northdale Blvd. Coon Rapids, Minn. 55433 By: LeRoy Heinen C. Belisle New John's Construction Inc. 8540 Has�ings St. N. E. � Minneapolis, Minn. 55434 By: John Dahl C. Belisle New McCall & Company 5435 Lyndale Ave. S. Minneapolis, Minn. 55419 By: David McCall C. Belisle Renewal North Central Builders • • 4716 42nd Avenue N. Minneapolis, Minnesota 55422 By: E. J. Patterson C. Belisle New Leslie Tranby Roofing & Siding 6917 Valley Place Crystal, Minnesota 55427 Sy: teslie Tranby C. 8elisle New VoCo Construction y� 5143 Red Oak Drive New Brighton, Minnesota 55112 By: Lawrence Vossen C. Belisle New HEATING � Acme Sheet Metal Company 924 Raymond Avenue St. Paul, Minnesota 5511h By: Wayne Parriott W. Sandin New All Season Comfort 1417 18th Street N. W. New Brighton, Minnesota 55112 By: Richard Larson W. Sandin Renewal Englund Heating Isanti, Minnesota 55040 By: Richard Englund W. Sandin New MASONRY Lance Bartlett, Inc. 9725 Humbolt Ave. S. Minneapolis, Minnesota By:'Lance Bartlett C. Belisle New Jamison Brothers Cement • 1851 Radisson Road •� Minneapolis, Minnesota 55434 By: Fred Rehbein• C. Belisle Renewal MOTION by Councilman Utter to approve the licenses. Seconded by Councilman Starwalt. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. ' ESTIMATES: Bianconi Construction Company 986 Bayard Avenue St. Paul, Minnesota 55102 , ,' 1 ' �J ' , ' ' � ' . ' I , ' � 0 � i REGULAR COUNCIL MEETING OF SEPTEMBER 24, 1973 PAGE 21 — - _. _ ___.�_ l�i Charged to Project #103 $10,140.02 Charged to S1'. 1972-1 & 2 28,257.20 Total , 9 .2 Less Estimate #1 8,914.26 DUE FINAL ES7IMATE #2 $ 29,482.96 Ken Christiansen Painting, Inc. 7525 Fourth Street N. E. Fridley, Minnesota 55432 . FINAL Estimate #2 for Water Improvement Project No. 109A, Painting of Filtration Plant #2 1,154.87 Comstock & Davis, Inc. 1446 County Road J Minneapolis, Minnesota 55432 Partial Estimate #4 for Sanitary Sewer & Water Improvement Project No. 112 from July 30 through August 31, 1973 467.94 Partial Estimate #7 for Water Improvement Project .No. 111 from July 30 through Auqust 31, 1973 1,200.06 Partial Estimate #6 for Street Improvement Project No. 1973-1 and 2 from July 30 through August 31, 1973 1,316.83 Bury & Carlson, Inc. 6008 Wayzata Boulevard Minneapolis, Minnesota 55416 Partial Estimate #6 for Street Improvement Project ST. 1973-2 - 19,920.77 Partial Estimate #6 for Street Improvement Project ST. 1973-1 46,549.30 Weaver, Talle & Herrick 316 Main Street ' Anoka, Minnesota 55303 August Retainer and for services rendered dated September 14, 1973 1,730.00 MOTION by Councilman Nee to approve the estimates. Seconded by Councilman Breider. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. CONSIDERATION OF WAIVING FEE FOR VIET'S ADDITION, REQUESTED BY LONDA ENGLUND: MOTION by Councilman Nee to waive the fees for park purposes for Viet's Second Addition as requested by Londa Englund. Seconded by Councilman Starwalt. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. - COMMUNICATIONS: MINNESOTA DEPARTPIENT PUBLIC SAFETY: FRIDLEY CIVIL DEFENSE CERTIFIED FOR FEDERAL S G S FOR ' MOTION by Councijman Breider to receive the communcation from the Minnesota Department of Public Safety regarding the Fridley Civil Defense Certified for Federai Assistance Programs for 1974 dated August 29, 1973. Seconded by Councilman Starwalt. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. FIRE DEPARTMEPIT: INVITAi'ION TO OPEN NOUSE: MOTION by Councilman Starwalt to receive the communication from the Fridley Fire r 134 REGULAR COUNCIL MEETING OF SEPTEMBER 24, 1973 PAGE 22 Department,.an invitation to the open house dated September 19, 1973, with the open house scheduled for October 7, 1973. Seconded by Councilman Nee. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. ADJOURNMENT: MOTION by Councilman Breider to adjourn the meeting. Seconded by Councilman Utter. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously and the Regular Meeting of the Fridley City Council of September 24, 1973, adjourned at 72:00. Respectfully Submitted, �� Patricia Ellis Frank G. Liebl, Mayor Secretary to the City Council Date Approved. � SECTION� I 1 �1 r i OFFICIAL NOTZCE CITY OF FRIDLEY PUBLIC HEARING BEFORE THE CITY COUNCIL TO WHOM ZT MAY CONCERN: Notice is hereby given that there wil.l be a Public Hearing of the City Council of the City of Fridley in the City Hall at 6431 University Avenue Northeast on Monday, October 15, 1973 at 7:30 P.M. in the Council Chamber for the purpose of: ' Consideration of a rezoning.xequest,.ZOA #73-10, by Donald Babinski, to rezone the following: ' , Rezone Lots 1, 2, 3, 4, 5, 6, 9 and the North 6£3 feet of Lot 20, �locY l, CenLral Avenue Add�_tion, from C-2(qeneral business areas) to i�7-1 (light industrial areas) . Rezone Lots 10,- 11, 12, 13 and 14, Block l, ' Central Avenue Addi�tion� from C-1 (local business areas) to M-1 (light industrial areas j . ' � A11 lying in the South Half of Section 12r T-30, R-2�, City of Fridley, County of Anoka, M�_nnesota. Gener_ally located at the corner of Central Avenue and 73rd Avenue N.E., the same being 1290 ?3.rd Avenue N.E. Anyone desiring to be heard �•�i�Gh refeience to the above rilatter �nay be heard at this time. • FRANK G. LIEBL � MAYOR ' Publish: September 26, 1973 October 3, 1973 ' . ' �J ' ' ORDTN�NCE NO. AN ORDINANCE TO AMEND THE CITY CODE OF TfiE CITY OF FRIDLEY, MTNNESOTA BY MAKING A CHANGE TN ZONING DISTRTCTS The Council of the City of Fridley do ordain as foll.ows: SECT�ON l. Appendix D of the City Code of Fridley is amended as herinafter indicated. SECTION 2. The tract or area �•�ithin the County of Anoka and '• the City ot Fridley presently zoned C-2 (general business areas) and described as: ' ' ' ' ' �I Lots l, 2, 3, 4, 5, 6, 9 and the North 68 feet of Lot 20, Block 1, Central Avenue Addition, all lying in the South Ha.lf o� Section 12, T-30, R-24, Ci.ty o� k'xidley, County of Anoka, Minnesota, zs hexeby designated to be in the zoning district M--1 (li�ght �ndustri�al areas) . I la �ECT�ON 3. The Txact or area within the County of Anoka and The C%ty of k'ridl.ey presently zoned C-1 (local busines� areas� and described as: Lots 10, 11, 12, 13 and 14, Block l, Central Avenue Addi.tion, a1.1 l,ying in the SoutYi Half of Section 12, T--30, R-24, City o� Fridley, County of Anoka, Minnesota, Ts hereby designated to be in the zoning district M--1. (light industrial areas? . It is the inten-t of this rezoning request to have ' the entire Block 1, Central Avenue Addition, zoned M-I (light industrial areas) except that part taken for street purposes. ' ' ' ' �' SECTION 4. That the Zoning �dministrator is directed to change . the official zoning map to indicate the above zoning changes: - PASSED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS . . DAY OF ATTEST: , 1973. • CITY CLERK - rlarvin C. Brunsell Public Hearing: Firs�t Reading: Second Reading: Publish:.....t: PdAYOR - FRAN� G. LIEBL 0 , PlannincJ Commissioil Mc�eti.rig - Septc�m➢�er 26, 1973 Pae�� 9 ' ' ' ' ' ' ' , ' X � � ' ' !12) (13) The parking lots to be 125 fcet fror� the 5t1� Street. right:-of-r�a� . An ayreement that ihe dociors' group wi1.1 ma.intain the uni2sed por. L-.ion of tlie thr. ee acre trac� . I 1B (14) The rnedical bui.Zd.iny wi1Z be Iim.ited to occup��tion and uses as st��ted in a letter. �r.om t.he Unity hledical Center of Septe�nbe.r 6, ].973 x�:hich stat:cs that ih.is bvilding sha11 be I.imiteci i:o hea.Zth professionaTs r�hich c:�iZ1 inclucle, but not .�imif:ed i:o, ph�sicians, dentists, ora.1 surqeor.s, clin.i.c�1 psyc]�o_Zofists, psychiatr.ic socia.2 �vorl;.er.s and a.i.l iecl ntental liealf:h personi�el. iinc?11ary uses other ihan o.ffir.e spar_e s1�aI1 b� 1.imiteti to those coml�ler.cial enter.pr_ises clesiqned �o s�rve L-he doctor � and deni:isi:ti� and �heix• personncl arld patzerzi�s. Such ancil- 1ar� uses would include things suc'ri as a professional phax•macu, an optical cvnt;�any, possibly a card and f1o::rer shoP, and possihly at a later cla�e, a cof.fee shop. Upan a voice vote, al�i voting �ye', the motion ca.rried ununimous.2y. P10TIUN by Drigan�, seconded h� Lindbl.ad, tliat the Planning Commission urqe t1�e C�i.ty Counci.l to ho.Zd a Public Ilcari��g on the xequesi: by Nort}z Sub.trx�ban Ilospital I�ist�°ict. Upon �-� voice vofie, a11 votiny a��e, the motion carried unanimously. 2. PUF3I,IC HEARING: COIIS:LDER'�TION OF A RE70NING P,L'I�UEJ�l', � 70A ;�73-J_0, }3Y DON11L1� BZ�BiivSI�I: Rezone Lots 1-6, 9` and tl7e I�orih 6i3 feet of Lot 20, B1ocY l, Cen=cral �venue Addition f.rorn C-2 (general businGSS areas} and Lots 10-14, B1ock 1., Central Avenue Addition, from C-1 (local business areas), al1 to be r_ezoned to 1��-1 (light industrial areas), to mare zoning cozisistent with property lines, to alloti•� construction of a warehouse; the same bea.ng 1290 73rd Avenue N.E. P�ir. Dick Brama•, partner of Don Babin�}�i, of the �iryailt- FranY.lin Corporation was presei�t� to r�present the petitioner. MOTION by Dr_ ic�ans, seconded by 731aix, that Ll�e Planning � Commissivn cti��.ive thc r.c�acl_inc� of the Public tieariii� notice for rezoi�in_q reqciest, 70A ;i73-10, by Donald Babinski . UI�o�� a voice vo�e, a11 voting aye, L-he motion carr.�ed unanimous.Z�. ' ' �P•ir. Claik said the original zoning on the North half of this bloc}c was a].l C-1. About three .years ago �ee had a request for C-2 zoning on the Northeast coLnc�� of this block, alo�zg with a request for a Spec:i.al Use PeYmit by an oil coiu��any for a service station. Batlz requcsi.s were granted. Tlie station �aas never built�. This request is to combine tlle ciltir_e blor_};., Central l�venue I1CIC�lt]AIl� into ri-1, a light inc�ustra.al ar_ca. � . � � I Planning Commission Meeting - September 26, 1973 Page 10 1 � ' Mr. Clark said the Bryant-Franklin Corporation currently owns the building South of the property, which is presently occupied by Onan's. This proposed warehouse will be of similar ' use. It will be a little bit smaller. Bryant-Franklin has already been to the Board of Appeals to obt�in a front setback of 70 feet instead of 100 feet. When they bought this property, they were told that it was all zoned M-1. As I understand it, the � steel for this building is already in the state, so i.hey are somewhat rushed. That's why they have already been to the Board of Appeals; they a.re going to Building Standards September 27th, ,• and the Public Hearing has already been set for October 15th by � the City Cowzcil. ' Mr. Clark said that from the staff's standpoint, we would favor this all being rezoned for one use. In this particular area, it is better to have it all zoned industrial. ' Mr. Lindblac3 asked if there was anything on this property now. Mr. Clark said jun}c, but no structures. � . Mr. Clarlc said they �aere in the process of getting Determan �Welding to get their tanks.back on to their property, with some screening. The junk yards were cooperating in cleaning up their � property. This proposal will help clear up a part of Fridley that really needs it. 1: Mr. Fitzpatric}c said the staff th�n does recommend favorable action on this request. Mr. Clark said they did. Mr. Brama said this k�i11 be a speculative building, the ' sam� as the one occupied by Onan's. There would be offices in front and the balance of the building will be general warehouse. Onan's has expressed an interest in.renting this building also, � but the building will be so constructed so we can segregate the . bays if more than one tenant were to occupy the building. He said the building will be sprinkled. Mr. Harris asked if there were city services available at this site. Mr. Clark said there was a large water main at old Central, and sewer�is also on Central Avenue. Mr. Drigans said the reason for the necessity of a variance was because the area across the street was a different zoning. Mr. Clark said they meet the code fo� parking, which is 20 feet. The building is closer to the right of way than the code requir�- ment. If they moved the building, it would restrict the loading area in the back of the building. Mr. Brama said the beautiful part of having these two buildings compliment one another is because they could share a common drive- way and infringe on each others loading zones. 0 � - - .. ...... �' Planning Commission Meetinq - September_ 26, 1973 Page`11 lID ' � � Mr. Harris said there should be an agreement on the common easement betwe�n both buildings. Mr. Clark said if there was only going to be one dr.iveway, there should be driveway easements given a1so. F3e said this wouldn't have to be a stipulation of the rezoning, it could be handled at Building Standards. He said the only stipu7_ation should be to provide right of �eay on the North�rn corn�r_ for a right hand turn lane at 73rd Avenue at Central, if it has not alr�ady been provided. MOTION by Drigans, second�d b� 131air, that the Planning ' Commission close the Public Hearing on rezoning request, ZOA #73-10, by Donald Babinski. Uj�011 a voice vote, a.Z1 voting aye, the motion carried u��animously. � �I � � � � � � , � ' � ' ' 1�IOTION by Lindblad, seconded by Harris, that the Planning Commission recommend to trie City Council approval of the rezoning . request, ZOI1 ,#73-.ZO, b� Donald Babinski, to rezone Lots 1-6, 9 and the North 68 feet of Lot 20, BZock 1, Centra_i Avenue Addition, from C-2 (general business areas), and Lots ZO-14, Block 1, Central Avenue Addition, from C-1 (1oca1 business areas), a11 to be rezoned to M-1 (light industriaZ areas) to ma1:e zoning consistent wi th property Jines, to a.ilos�� construction�of a warehouse, the same being 1290 73rd Aventie N.E. w.zth t1�e stipulation t1ia� tlzey provide riyllt o.f way on the Northern corner of the property for a right hand turn lane at 73rd Avenue at Central, if it has not already been provided. Upon a voice vote, a.Zl voting aye, tne motion carried unanimously. I�4r. Harris said he noted i.hat there was a 30 foot street vacation with a 15 foot easement on the South property line that was already zoned N-l., Mr. Brama said tlzis vacated Brook Street was causing some pioblems�. A bond has be�n posted that this would be taken care of before closing on this property. 3.. MEMO FROM PAUL BROWN TO PAR�S & RECREATION COMT�'IISSION, DATED SEPTEMBER 14, 1973 Mr. Clark said a motion had been made at the last meeting to have a meeting on the comprehensive park plan, the flood plain ordinance and a meeting with Gen.eral Cheeseman on the armory pro- posal. This could �be handled at either our reqular meeting of October 3rd or at a special meeting an Octaber lOth. We still have only one item on our October_ 3rd agenda, and General Cheeseman cannot attend i�his meeting. He said he could come October lOth. We can.coniact llis office and see if he can come on October 17th, our regularly sch�duled meeting, and this will eliminate the special meetirig. If this meets with your.approval, we can handle as much of these three items as we have time for an October 3rd, and the balance can be heard at the October 17th meeting. Mr. I'itzpatrick said this was s�.tisfactory, so there would be no special meeting on October lOth. He said the m�mo from Paul IIrown was just informational and no action was required. � . • The Minutes of the Board of ApPeals Meetin�; of September 11, 1973 Page 2 Mr. Mattson answered that all the houses appear to be in line. MOTION by Crowcier, seconded by Gabel, to close the public hearing. Upon a voice vote, thexe being no nays, ttie motion carried unanimously. Mr. Crocader said he could see nothing undesirable about this request as the existing house is very small and we have found no reason to be opposed to this. Ghaii-man Drigans said the hardship seems to be the existing house location and having only 600 square feet and the owner just wants to expand it. I lE r10TI0N b}* Crowder, seconded by Gabel, to concur toith the City Council in approving the variance. Upon a voice vote, there bei.ng no nays, tlie motion carried unanimously. 2. A REsI1rST FOR A VARTA`;Cr OF SECTIO'i� 45.134, 6, P1�RAGRAYH 3, FF.IDLIsI' CI7'�' COD� TO REDUCI: `.L'13:� ?;T; Ull�.i�D :ei.C�T 'T��RI) S�Z:Z�'�CK, ;�;r'i.Ei� i�I-1 7,Oi�-I:ivG IS �D�7l1C3�:;`1' TO A'i�OTF?LR ZONIP�G DTS7'i;:��CT, ��,Oii 1_00 1�'L;;;T Tp 70 ;?T'��T TO ALLOW 'ti_E COi�STi`UCTION 0}� l�.��1 O'r.?FIC� A�ID l�T=''�P.�iiOUSt'� 7'0 ��i, T O:;A�'I,D ON LO'1'S 1 T�;::U 20 � 1CGEl�tii� Ti1ITH `v�C11TIs'D B� C•JI� ST;:�,�sT, C�IVTIZAL L1�?i,'�lir :�DDI1'TO;�?, LHE Sr.�_� BET��G 1290 - 73RD r1Vi;i�Ur, N,E„ T12IDL��', I•ilP.i;i�SOTA. _�RFQU��ST FY �1R. DJ:V:��:t:D Y�15Ti�Si�I, 9Q0 I•�TEST CCU�vTY RQAD D, ST PAtTL, i�fIi;�TESQTA ) _..____._ _ _ _ ____ .---r-- -- _ Mr. Dick Braria, President of�_�3lyant-Franlclin Corporation`'•and Mr. Babinski's • __ _____ ___________ _�______ z-� .partner, �a�s present to present the request MOTION by Gabel, seconded by Crowder, to waive reading the public hearing notice. Upon a voice vote, there being no nays, the motion carried unanimously. Mr. Brama explained they bought the land with the understanding it was an industrial site. He said when they applied for a building permit they found out only part of the land �aas zoned correctly and part was zoned C-1 and part was zoned C-2, so they are now al.so in the pxocess of rezoning these lots. Mr. Brama continued this building wi11 be just north of the building they built last S�ear and are now renting out to Onans. He said they want to build this buildzng and incorporate it with the other for the xental market available w ith Onan and Medtronics. . Mr. Brama said they have ordered the steel as they never anticipated they would have to rezone, anci the steel should be delivered around the thixd week in Octobex. He added the building will coniorm to all the other Codes except the front yard setback and they can't move the building back farther as they need the space in back for paxking and the 1'oading dock. Chairman Drigans asked how old the existing building was and Mr. Brama answered it was just completed last fall. Mr. Crowder asked about the zoning of the corner property on 73rd and Central. Mr. Mattson explained there are two or three different zoning districts on this property and across 73rd Avenue there is C-1S zoning. � Mr. Brama said the part of this building facing 73rd Avenue �vould be dedicated to offices and all the loading �aill be in the back so the C-1S zoning would be loolcing at a store front more or less. He said the side of the building facing CenLral Avenue would also not have any loading area. All the doors for loading are in the back of the building. � , i ' � I The MinuL-es of the Board of Appeals rleeting of September 11, 1973 Page l� Chaixman Drigans asked if the semis could be turned around in the 75 foot loading area . • ` ' Mr. Brama ans�aered they could very easily. He said they can be turned around in not much more space than their length. Mr. Crozader aslced what the zoning is on the property down 73rd Avenue. He added will the companys that own that land be coming in for variances also. Mr. Mattson answered that it is M-1 across from C-2. , Mr. Crowder asked about the driveway entrances. Mr. Brama said the driveways could be selfsustaini.ng but will proUably be overlapped for practicality. MOTION by Cro��der, seconded by Gabel, to close the public hearing. Upon a voice vote, there being no nays, the mot�.on caxried unanimously. Chairman Drigans stated that since a portiion of the property has to be rezoned, the Planninb Commission wi1.Z also be invalved in �his. Mr. Crowder aslced if, this property stayed commercial, would he need a variance ai: all. M�r. Mattson said if the zoning stayed comznercial, he wouldn`t be able to build this building at a11. He said the use of the building makes the difference. Mr. Crowder said he didn't see anything wrong with what is being requested. He said the building could be built smallex thQn proposed. He said he cextainly would state that if the variance was approvec� it wou].d be contingent upon getting approval of whatever zoning changes he needs to get. Chairman Drigans said this type of building, all modular desi�n, is the most economical far xenting ar selling space. He said he woul.d rather see the area xezoned to have the two buildings completnent each other and have a11 the storage in back. He said the hardship here is the zoning across the stxeet. MOTION by Gabel, seconded by Cxowder, to recommend to the City Council, approval of the variance, to be contingent upon the Planning Commission approving the rezonings. Upon a voice vote, there being no nays, the motion carried unanimously. A RE(�U�ST FOP. A Vl�P�Il1i�CE OF SECTION 45.053, 4, 334, I'I'.IDLP�i' CITY COD�, TO RFD'JC� TH� SID� Xl:P�D SETT[1CK 1��: AN EITTACIIFD G�=�I'�1GI: FI:Oii 5 l.'�F�T TO 3.2 I'EET, TO ALLO[J TIIE CONSTP.ITC7'I0� CF A G�'�r.��GI: TO �T� LOC�ITLD ��:� I.,OT 4� PI,nCl: 1, L`Oi�Nl1Y' S LI1'_�VII:t� .L�P:OR, THE SA.T1I; BLIi�G 5871 [di:ST Ti001.� Ll1I:L DI:IV� N. E., FRID.L�Y, �III�':'LSOTA. (i:I;4U�ST I3Y MR BL:P.NAP.D j�'EDGL`[JC011, 5871 ��7L'ST t�t00I'.� Ll�l:� llI'.IVL' \',�., F1:IDLEY, rIII��I�SOTE1.) Mr. Bernard Ldedgewood was present to present hi�s request. MOTION by Cro�ader, seconded by Gabel, to waive'reading the public hearing notice. Up�n a v0ice vote, there being no nays, the motion carried unanimously. I 1G BUILbING STA.'�'D�'1RDS-DESIGN CONTRQL SUBCO��fITTEE DIEETING OF SEPTEMBER 27, 1973 Page Four UPON A VOICE VOTE, all voting aye, the motion carried unanimously. 2. CONSIDLR.ATIO�' OF A REQUF-.ST TO CO`'STRUCT �1N ADDITION FOR THE PURPOSE OF }{OUSI\G INDLiS'I'RI��L PROCES5 EQUIP�1L�iT, LOC:'�`I'ED ON AUDI1'OR'S SUL�DIVISI0:1 �U`•13E1t �9, LOT �; TIIE SA�Ii: BEI��G 25-44TH AVENUI: N.�., FI2IDI.EY; ,IItiNESO'1'r1. (REQUEST B1' TiIE I�9IN\ESOTf� LINS�ED OIL CO�IP:1;�Y, 25-�1�tT�I AVI�NUE N.t�. , FRIDI,EY, DIINNESOTA 55432) A1r. tiVill��m Edberg, plant manager, was present for the request. 1�ir. Edberg said the building is 18' x 20' x 32' and will be used to � house a scrubbing sysfiem to puxify the coal exhaust coming from the boiler xoom. He said coal is used mainly in the winter as a stand-by fuel and the Pollution Control Agency sa�_d this system �aould have to be installed and used iahen they are burning coal. He explained that the system uses water (private �aell) to wash tlie particles from the exhaust. The �aater is recycled with a loss of. 2 to 3 gallons per minute in vapor, so no water will be going down the se��er system. �'he building has a concrete foundation �oith a steel structure. The actual cleaning system is the steel structure so a skin of baked enamel steel siding will be used to enclose the structure, color coded to match the other buildings. A1r. Edber.g said he �aas informed by one contractor that block. could , also be used for the skin �aithout hurting the system structur° or change in plans as presented this evening. The Board said if block was used, it �vould have to be painted to match the existing buildings. � � � i ' �1 Mr. Lindblad asked if there �vas any problems with the sire plan. Mr. Boardman said no, except vines will have to be planted along the £ence and trees replacing those which,have died. rSr. Edberg said Green Giant Nursery already has their purchase order for the vines and trees. AtOTION by Simoneau, seconded by Cariolano to recommend to Council the appxoval of the building with the following stipulations: 1. If block is used, i� will be painted to match existing buildings. 2,, Vines and trees be planted as specified. UPON A VOICE VOTE, all voting aye, the motion carried unanimously. 3. CONSIDCRATION OF A REQUI:ST TO CO:VSTRUCT A I�'F:1V BUILDI\G FOR THE � PURPOSL OF I\llUSTRI�\L �\\ll OFFICL iJSE, . LOC�1`1'I:D 0� LO`l'S 1-�'0, C1:NTI'.:1L AV}:NUL' r1DDITIOV '1'OGE1'[IEiR ItiITII Vr�C�1"1'f:D IiR00h S'I�1:1]I:�'; 1'HL'.__,5:1\I!r_.i>-L'L\G '� 1290-73RD �\1�'li\UL, I�RIf)i,El', �liti\f:SO'C:�. (I:EQUI:S"1' BY tBR1'f'l\'� Flvti\�LI�I, onn ��,�r:c�r rnii`�rv i.nan n �I��' RRi�ll'('[)N_ �II\NESOT:1 SS11�1:' s 0 l3UILDII�'G STAND:IRDS-�ESIGN CONTROL SUI3COb�tITTEE TtEETING OF SEPTEMBER 27, 1973 PAGE 1�1VE ;,1r. A�ck Brama was pxesent for the request. Air. Lindblad asked if this ►varehouse �vas going to have a joining parking lot ►��it}1 the ��arehouse facing 72nd Avenue, built by Bryant Franklin. hir, i3rama said he believes there is no objection from his mortgage company on the joining driveway or on the easement the City holds (so long as Bryant Franklin does not build on the easement). Mr. i3rama said they would like to join the parking areas,as presently the trucks are breaking do�an the poured concrete curbing on the 72nd Avenue parking lot. It iaould be botli economically practical and better looking. There was no problem with the parking lot, as blacktop and curbing and drive�ti�ays meet City code xequirements. � rfr. Lindblad asked for a landscapa_ng plan. Mr. Brama said they had one dra�cn up that day, but Air. Boardman said he ��rould like to go over this with him so they can tie the landscaping in ►��ith the 72nd Avenue �larehouse landscaping. � . The Board asked about refv'se, r1r. 13rama said this would be inside the wareliouse. rir. Lindblad explained t}iis would have to be screened if moved outside. Jerry Boarc3man said the drainage plan will have to be worked out taith the City. t,4r. Brama said the warehouse was going to be constructed of a precast concrete panel with a natural.color raked finish. The color can be changed by either staining or painting. i�ir. Brama pointed out that their warehouse on Beec}1 Street ►�ras going to be stained a dark bro�an �aith a gold tirm. The Boaxd asked rir. Boardman if it would be acceptable to the City to paint the outside of this building. h1r. Boardman said that the City Engineer wants some type of color elevation,so the 72nd Avenue �varehouse can be tied into this structure. � Mr. Simoneau �aanted to kno�a if this was constructed the same as their 72nd Avenue �aarehouse.� r1r. Brama said no, this was a 100% improvement. This precast offers a more versatile exterior with smooth interior walls, a b etter heat loss £actor, sound proof and fire proof. h4r. Boardma� asked if they could change the design of the exterior since they ha.d speculated that i.t would be used by only one firm for storage area and the present plan has an exterior window and door design for multiple users. 1�ir. Brama said yes, doors and ��indo�:�s could be changed, but any severe changes cost more money and more building support must be used. He said it was hard to make a�aarehouse look attractive, because it is a practical building and t}le renters �aant to get the most out of their space and �aorkers. Windows interfere with both of these wants. 0 � I 1 (� � ' , . �1 � ' , , ' BUILDING STEINDARDS-DESIGN CO:VTROL SUBCODIbiITTEE DIEETING OF SEPTEbiBF:R 27, 1973 PAGE SIX The Board suggested a colored elevation be brougltin for the City staff to go over. They could make the final decisions on the exterior, and get it to match laith and coordin.ate with the 72nd Avenue tiaarehouse exterior. � Air. Lindblad asked if there were security lights. Air. Brama.said there are lights on the back lot for parking and loading and decorative lights on the front. . I�ir. Brama said t}iere is no equi�ment on the roof. This is normally hung from the ceiling inside. If there is any outside.,it �aill be screened. DIr. Boardman asked hoiv high the retaining wall �vas . T4r. Brama said 3 to 4 feet high. �lr. Boardman said anything over 3 feet requires a railing and the City would like to see iL screened. D40TION by Cariolano, seconded by Simoneau, to recommend to Council approval of the ne�a structure with the follo�aing stipulations: 1. Landscape plan Ue worked out with the Planning Department. � 2. Drainage plan be worked out with the Engineering Department. � � ' ' � 3. A colored elevation be dra�an up and brought in for staff appxoval before going to Council. _ 4. Railing be provided on retaining wall if aver 3 feet and screened. UPON A VOICE VOTE, all voting aye, the motion carried unanimously. Chairman Lindblad adjourned the meeting at 10:05 p.m. Respectfully submitted, �J ��'-c�"-GU \./�, , o��-( . Paula R. Lon � g Secretary ' � � � . ' • ' . I 1J � 1 1 ' ' � � � ' � 636-1911 Bryant - Franklin Corporation / 1000 W. County Road D/ New Brighton, Minnesota 55112 5eptember 17, 1973 City of Fridley 6431 University Ave. N.E. Fridl.ey, Minnesot� 55432 Attn: Nonorab�.e Vi1.lage Council and Mr. Darryl Clark Gentlemen: In the process of re-zoning and variation �equest is our pro- posed warehouse site at 73rd and O�d Central N.E., Southwest corner. We are asking for these changes based on the spot zoning of this particular parcel and a goal of continuity with back to back loading from two similar warehouses and office areas fronting the streets of 72nd and 73rd Avenues N.E. �ae purchased this site from Judge Wargo based on his assump- � tion, and ours, that the site was already aCCeptable zoning wise for our proposed structure. However, when we attempted to get our building permit, we tound out otherwise. Hence, ' our request was made. Concurrent with our misunderstanding during this period of site acquisition, ��re ordered steel, which n�rmally takes six months to get, and put a good faith deposit on.a mortgage commitmen� which have created a dilemna � for us because the steel wi11 be arriving the third. week of October and our mortgage requires we start in October also. � ' � , �� Our request with this letter is that we be allowed to start excavating and footing on or about October 15, 1973 so that we can accept the steel. delivery and comply with the condi- t�.ons of our mortaage commitment. . Re�pect ully subm' te , $'RYAN F I L. C RP f l �/A .. - �/ Richar L. Bra `� Presi ent �� Z U �c.J �.tJ f ' . ON /S S�� F"o� O c�' 1� I 1K , 1 �. �?T. 23,C .�A. S' , , - __•..,Z4!'ds. 396 ; �'y �`' ,-id�r o � P.l.,23S*S!.` d O' 9Z' �Pf. D o ° �-s'' T /40.0' L 280. D' (�ari,sJ Srpci A�sttica Siet.�or�s/� ,,,.,. � s�� ''� ...j�t•- I (�� i7�nnesutd Oovr - � � 7/��. , In�' � -�_4�� AUDI�'� . ,. y t � _.��i... 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' ^ OD�'- ... . . . . . _ -. - - - - . .-2ov. .....-' .c.D3' 97 ioS (900) '.........200•�-� '::�� 'y �-1 '� C Paa//. � �920) � ��? �' ,�`� rP0 %) �S/s5� � �„o t Jva� , �;��'� ��,�� , ; : �EXi�y f o �. �; <�.� �I�2��'.<�. � �23� 2� � �1 ��=�' ^�I �- 1► > > .� y:.�. ,., _ . . ....;,G,� : � :, , ... � .....�� : � , �/70, tZoD �21'! �000� (iJ6a) � �� 07C� . ��.�'--.�—��`--`�� ,., . . . . � . � � � - � . ,.�o _�_ � . . � � . � o �---�aoe_._.._ , ..... .. ...Zpr.. . .. rq . � I ' i G/4v� ('ii�o,� �3 � f "� �'o�. ,�.�/"r � ■� A ` ` i { �� , � . ' ._ _...200'..... ...-..,t , _,.c—__. • .. _ n i ......... _.... , ... ...... � �.� �^Y. . . ...�d.,y�......._ '' ...... ......�73........ ._.. ..� , l.,iJ � �_—� � ' '- t - -- --- `~ ___ � . • � :� ' -�_ ��J��Q-�� A� � _ ._� - A{ _` � . �-- � � _ i � � ��. - --- ' - � - �- � , I � � ` --_��g� -.�`` ��` �-� `� � ; —� c�� `�—� — � �-..___ -,. � , ---�� — -- =-�,__ _ .�„� �' � `� �_�_\`' � h+ `- � '� � ` _ � � I i -1 ` ``_ '„` � . � -h�ya�, \� _ ` ; y . . _ � �� '�- . f .. ` �� _� ` ..`` - N 'V � 'sP� .`� ` � `. , � � %� z�.° `� �� ,c.-v., a.z9 • , •rs.. i � 1 / � 11.._ �� L.T,/.2�9•nv.o, — ` �=-O., f 0 i� . u �� _ ;e��`` _ - -_ ��-� � it � OFFICIAL NOTICE CITY OF FRIDLEY PUBLIC HE�RING BEI� OR� THE CITY COUNCIL TO WHOM IT MAY CONCERN: Notice is her�by given that there will be a Publ'ic � -Hearing of the Ci.ty Council of the City of Fridley in the City Hall at 6�31 University �venue Northeast on Monday, � October 15, 1973 in the Council Chamber at 7:30 P.M. for the purpose of: � , � ' , � � 0 ' ' Consideration of a request by Nor�th Suburban Hospital District to either rezone, ZOA �73-08, fx'om R-1 (single family dwelling areas) to CR-1 (general office and limited business) an eleven acre tract (Parcel 2�400) that is located South of 76th Avenue Northeast, �ast of 5th Street Northeast� North of 75th �venue Northeast and West of Unity Hospital, or to allow a clinical o�fice building on the North three acres of Parcel 2400 in an R-�. area with a Special Use Permit, SP #73-11, as per Fridley City Code, Section 45.051, 3, F, all lying in the Northeast Quarter of the Northwest Qua-rter of Section 11, T-30, R-24, City of Fridley�, County of Anoka, Minnesota. Generally located at 500 Osborne Road N.E. Anyone desiring to be heard with reference to the above matter may be Y!eard at tliis meeting. Publish: October 3, 1973 October 10, 1973 0 u FRANK G. LIEBL MAYOR 0 I 2 S If . �J - - � - i . . , i" � `W ql I � II 'I �I lui ' � �� I. 1 I � ya�� Zwa Mu.�,iN tonra ` R��Nnrrl � li N.' 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I C �::. i..+i�._:.� . � ` SnSSivv �\ \ �� J t i 4 ` ,`�� , ��r� � �� ZOA #73-08, North Suburban Hospital ,, � �� `^�` �` �� - District: Rezone from R-1 to CR-1 �`"''�r �`'�`�� ' ��s; � area South of 76th Avenue N.E., E. 1 � __J .rr� � t . .•�� _ - of 5th Street N.E., North of 75th �9 •• - Avenue N.E. to allow construction � �� "l;` � �a;��' �--•�•� �- � — of a medical office b�uilding. .. ;� �_ , ° 5 ' . .. t � I . �� '',� , 1� ��t c, C"' . Y, . � I 4 ��' 1"1 C� � , \\ - 4. , `;% y t��'r. \. � .`' � ` �. k� Fi � \ z� � �i [-.: � , .,: � � . ,� ' ��A � � ; C c �., C ,,,� f C F, U � ., � ��'i _ �. r�v - C: - ,: . C�y . - . . � . ` .• • f��; `a w. L 7< , f- � ,- • . _ . � , _ i � � . ._ � � , :, �; u`�.�, c' . ��( s ) t e L ` � ., `�� \, �_ " \ . 1 .p ti : � - � C, � ` t �' t:� t✓ � � � � �\� -' _ i�iQt `� � �d` ra � _ � <' � � 4.' . � � .. � � - . � , . ' . ,. . C C rn oter - \� :. INI \ . _. " . f f: • �. . � � � �. �� I�_ l.yl;f,...� 1 : `"" . �' (..• !�. 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Actinc�� Ci-�y Manager, City Engineer APPROVF PLP.NNING CONLTMIISSION MINUTFS: SEPTEMBER 12, 1973 MOTION by Harris, seconded by Lind.blad, that the Planning Commission approve the ininutes of the meeting of September 12, 1973 as written. Upon a voice vote, aZl votinq aye, the motion carried unanimously. RECEIVE PARKS & RECREATXON COMI��ISSION MINUTES: SEPTEMB�R 5, 1973 MOTION by B1air, seconded by Dr.igans, that the P.Zanning Commission receive the rninutes of the Parks & Recreatian Commission meeting of September 5, Z973. Upon a voice vote, a11 voting aye, the motion carried unanimously. RECEIVE BOARD OF APPEALS P�IINUTES: ST'PTEMBER 11, 1973 A90TION by Drigans, seconded by B1air, that the Planning Commission receive the minutes of the Board of Appeals meeting of Sep�ember 11, 1973. .Upon a voice vofe, a11 voting aye, the motion carried unanimously. l. CONTINUED: PUBi;TC"'�i�ARING: CONST_DEFtATION OF A REZONING REQUEST, L0��1,, ;r73-08, ;BY NORTH SUBURB�IN HOSPITAL DISTt.ICT: RE�zone from R-`l--f single family dwelling areas) to CR-1 (general office and limited business), the area South of 7bth Avenue N.E.; East of 5th Street N.�.; North of 75th Aven�e N.E.; and West of Unity Hospital, to allow construction of a medical office buildinq. . Public Hearing open. Mr. John Haines, Administrator of Unity Hospital, Mr. Robert Van Hauer President of Health Central Inc., and Mr. Al Eihlers, Archi�ect, Health Central, Inc. were presen� to represent the petitioner. �I ' • ' I Planning Commission P�Ieeting - September 26, 1973• Page 2 2� Chairman Fitzpatrick said the last time this was on the I' agenda, the Planning Commission made the request that the North Suburban Fiospital. District com� back with a more limited request. �� ' � Mr. John Haines, Administrator of Unity Hospital, introduced Mr. Robert Van Hauer and Pdr. Al Eihlers, who will present more details on this request. ' . � ' � ' , ' ' .' Mr. Va�z Hauer said he would like to r�ad a letter that was given to him by the doctor's group to present to the Chairman of the Planning Commission. The letter from the Unity Medical Center, dated Septeml�er b, 1973, is as follows: " Dear Mr. Fitzpatr_ick: To put tca rest some o� the fears and reservations e�pressed by �zei.ghbois of the North Suburban Hospital District's property, we would li}:e to n�zY.e the fol]_owing staternent regarding the medical offic� building ti�e propose to build. We propo�e to build this office building as close to Unity �� Hospital as is legally possible. To do this, we will be applying fc�r a vari_ance to allow us to build right up to the praperty line on the east side of the property we plan to purchase from the North Suburban Hospital District. If we receive permission to do such, the buildinq wi11 be located approximately 450 f�et eas� of 5th Street N.E. The first stage of the building we plan to build will stand three flaors above graund, with each floor containing approximately 10,000 square fee-�. - The l�asing of office space in the physicians' office building sha11 be limited to health professionals. This will include, but is not limited to, physicians, dentists, oral surqeons, clinical psycho�ogists, psychiatric social workers, and allied mental health personnel. ' An�,illary uses other than office sgace sha11 be limited to those comm�rcial enterprises designed to serve �he doctors and dentists and their personnel and patients. Such ancillary uses would include things such as a professional pharmacy, ' an optical company, possibly a card and tlower shop, and poss- ibly aL a later date a coffee shop. " ' ' , �. `� . I� . � II ' • Mr. Van �auer said this was sigried by four doctors in the partnership, one being Dr. Shattuck who was presently chief-of-staff of Unity Hospital. MOTION .roceive the 6th, I973. unanimously. b� Drigans, second by B1air, that the Planning Commission letter from the Unity hiedical Center, dated September Upon a voice vote, a11 voting aye, the motion carried ' . ' - . �� Plannirig Commission Meeting - Septemher 26. 1973 Page 3_ ' , , , � i I 2E Mr. Van Hauer followed the�reading of the letter with a presentation of colored slides showing from various angles where the medical center would be located in relation to Unity �iospital. He said th� area they were discussinq was a three acre tract on the North portion of the original elev�n acres of the rezoning request. He said there would be another lane put in the driveway that leads to the proposed location of the medical center. He said that a 50 toot bcrm is planned around i:he perimei�er of the property and this wi11 provide screening from the residential area. This will be planted with trees and low plantings. .. M.r. Fitzpatrick asJ�ed how many oftices this building will provide. Mr. Van I�auer said some doci�ors need more space than others, dependinc� upon their specialty, but the averaqe would be about ?50 t0 B00 square feet in average.so there would be room for abou�L 25 to 30 doci�ors. . . Mr. Fitzpatrick asked if there were calculations on when this building would be up and occupied. , Mr. Van Hauer_ said that accor_ding to the present timetable �the construction would start in the spring or early summer of 1974. It would take abot�t 12 months to complete the building ' which would maYe the openinc� in about Ju1y of 1975. At the present time there are 11 doctors who have committed themselves to leasing space in thi_s building v,=hich is about 1/3 of what is '� needed. 2'hey expect to have it 2/3 leased by the day it opens, and within a year of the opening, July l, 1976, the building will be fully occupied. They are allowing space for a second building which may not b� needed for 10 years, and additional parking, when 1 it is needed. Mr. P'itzpatricic asked if there would only be specialists in �, this building. Mr. Van Hauer said there would be no restrictions, � but up to �:he present time, a family practicioner most generally likes to have his own sma11 building, althouc�h this trend is ' changing also. PZr. Fitzpatrick said that in the letter presented it mentioned , a long list of health professionals that would be usinq this build- ing but said it was not limited to what was listed. �4hy was this statement in the letter? Mr. Van Haucr said there is a new field . of paramedics, for instance, and this was mentioned because the , medical �ield is undergoing many changes Mr. iiarris asked who would own the land wh�re the medical � center would be located. Mr. Van Hauer said the doctor's group would. Mr. Harris said this could not be a land locked parcel of land. Mr. Van Hauer said they will have access to the driveway � to Osborne Road and to the undeveloped 76th l�venue. Mr. Harris asked why they had to have a variance for this b�ilding when they have three acres to locate the building. i ' 1 � ' � . I ' Planning Commission Meeting - September 26, 1973 Page 4 2 F , , � ' , Mr. Van Hauer said they want to have this medical cente� as close to Unity Hos�ital as possible because it wil.l be con- neci:ed to Unity by a skywalk that would be an all-weath�r passage- way. They Couldn`t sell the aoctor's group any property closer to the hospital because this was the first parcel bought by the North Suburban Hospital District and was indentured by a bond issue. The parcel they are selling was purchased later and does not have this indcnture. Mr. Harris asked who would own and maintain the skyway. Mr. Van Haucr said the skyway would be located on the North Suburban Hospital District propert=y, so they would have to build it, own it, and maintain it. He :said the� would be granting an easement to the doc-L-or`s group to use this skyway, and the egress to Osborne aiid the use af the hospital parking lots for overflow parking. 1 Mr. Harris asked ho�ti� many storiesthis building will have. Mr. Van Hauer said there would be three stories above grade and one below. The skyway will be at the second floor level. � Mr. Al Eilers"said th� exterior of thc medical building will match aesthetically Unity Hospi-tal and the North Suburban Hospital Board has reserved the right to apnrove the exterior appearance of , the buildinq as well as the general design to ensure that it will match the existing buildings. ' ' , Mr. Hains said that if the Planning Commission wanted to�handle this request in a more appropriate way than rezoning, the North Suburban Iiospita7_ Board had no objection as lonq as it would accomplish the same tliing. Mr. Clark said th� City code was changed in 1969 to allow clinics in an R-1 area with a Sp�cial Use Permit.. The Planning Commission can recommend this instead of rezoning, if they wish; because it is more restrictive. ' Mr. Clark asked if they had brought a legal description of the parcel they e,�anted to sell to the doctor's group. Mr. Van Hauer � said they haven't 1?ad any survey made of this property because the ' original requ�st was for the entire eleven acres, but they can have a survey made of this portion in a week or so. � � ' ' �� Mr. Fitzpatrick said we would want this legal description for descrikiing the parcel involved in this request. Mr. Drigans asked what hours'this clinic would be open. Mr. Van Hauer said the normal hours for specialists would be from 8 to 5 and he was sure this would be �he hours the pharmacy would be open also. Iie said he wouldn't want to make the statement that these were the exact hours they would be open, because the medical profession has found that �hey had to go along with public demand. If the public demands evening hours, then these hours were subject to change. 0 I ' Planning Comm.ission Meeting - September ?_6, 1973 Page 5 2� Mr. Eilers said this was a drawing that was being presented. ' tonight, and when they started actually working with the site, it would be adjusted schismatically to save as much of the woods as possible.� ' , , , ' � Mr. Nasim Qureshi said as Mr. Clark has mentioned, our zonin� code was changed in 1969 to allow a medical clinic in an R-1 area with a Specia]_ Use Permit. He said that when he ta].ked to Charles Joha�lson about the North Suburban fiospital Board selling this property for private ownership by a group of doctors, rezoning was. suqgested. If the North Suk�urban Hospital District ��as going to construct and o�an this building �hey could do so without rezoning or a Special Use Permi�L. In tall�ing to mernbers of the Hospital Board, they want to be able to g�t assurance tYia� this request wi.11 enable a private group of doctors to construct this medical building, and be aUle to convey this assurance back to the group. As a staif inember, my reconlmendat.ion ��rould be that the Planning Commission reco?nmend that this be a Special Use instead of rezoning. A Special Use is more r�strictive and thi.s would allow the City more control of this property. You can recomm�nd that a medical clinic.be al1o�,�ed in the North three acres of this parcel under a Special Use. � . Mr. Qureshi said that some of the restrictions that could , be asked for are (1) no traffic directed to 5th Street, (2) The City have full control of outside material of.the building and � aestheti.cs of exterior development, (3) we provide that no trees ' are taken out without e�pressed approval of the City, (4) get a berminq agreement for additional plantings to qive protection to the residential area In7est of 5th Street, (5) Negotiate an exchange of 4 tax forfeit lots North of this property for an area in the ' Southwest corner of the �Iospital property for a City park, which we need in this area ,(G) that a11. costs for any additional � utilities in this area brought about by this dev�lopment, be borne � by the clinic and the hospital, and (7) that they provide proper signing and ��ork as much as they can to direct traffic to Osborne Road, which is a County road, and should be used for high volume ' traffic. He said the TIospital Board has been very cooperative in elosing some of the accesses to Unity Hospital and in providing berm�ng. Their con,cerns are the same as the City's. ' Mr. Qureshi continued, that the Planning Commission has three choices. You can reconunend rezoning �vith an agreement that this . property will.only be used for medical purposes, you can deny the � rezoning, or recommend that the area needed for the medical office building be put under a Special Us� in the existing R-1 zoning. We feel that the use of this property under a Special Use would � give the City the best control over this proposal and we can work with the Hospital Board and the doctors to protect the best interests of all concerned. ' ' � Mr. iiarris asked about the availability of city services in this area. . I ' � Planninq Commission Meeting - S�ptcmber 26, 1973 Page 6 ' Mr. Qureshi said that there would be no problem with the addition of a medical building, but if this entire parcel was to be developed, there may be a need for additional services, ' and we should ensure tliat no burden is put on the existing residential area. ' � , ' � I 2H Mr. G�orge Johanix, 7566 5th Street N.E., said the cost of the road�A�ays and the skyway should be Uorne by the group of c�octors rather than the North Suburban Hospital Board. Mr. Van Hauer said he agreed with 2,�r. Jollanix in dollars and cents, but as he had e�plained, the ariginal pro�erty could not be sold to the doctors' group so that anything that was on the original property would have to be o�,�ned _and maini�ained by the North Suburban Hospital Distr?ct. Mr. Johanix asked how much the doctors were paying for this property. Mr. Van Iiauer said they would pay the same price the North 5uburban I-Iaspital Dis-L-rict paid ior it, plus interest, and any assessments or taxes that have been paid on this property by the North Suburban Hospital District.prior to the sale of this proper_ty. As t�here cot.ild be additional costs before the sale is completed, the iinal cos't has not Ueen set. , Mr. Johani� asked if 76th Z�venue would be improved and used as an access to this property. D2r. Van Hauer_ said that to obtain financing for this buildiizg, there would have to be two egresses ' available to the property, but they have no intent, at this time, to ask fox the improvement of 76th Avenue. Chairman Fitzpatrick�said it can be made a stipulation of ' the Special Use Permit that there will be no access ro 76th Avenue or 5th Stre�t. � . ' Mr. Qureshi said there would have to be a separate�=Public Hearing before �his street could be improved. ' Mr. Johanix asked the distance �rom 5th street to the pro- posed parking lot. Mr. Van iiauer said it was about approximately 350 feet from the edge of the parking lot sl�own to 5th Street. , Mr. Johanix asked about 76th Avenue, Mr. Van Hauer said that would be appro�imately 365 feet. Mr. Johaniy said that at the present time there is no reason to op�n 76th Avenue. ' ' ' , ' Mr. �ureshi said the only one who could be the City. It is not under the control of The reason the City cannot vacate this street are utilities in this s�reet. open this street would the Hospital Board. is because there Mr. Qureshi said this request h�s been before the Planning Commission �or some time and he would hope that they could make some type of recommendation this ev�ning because it is on the Council agenda for October lst and they would like to be able to set a Public Iiearing by Council on this request for October 15th. � I ' Planning Commissian Meeting - September 26, 1973 Page 7 2 I Chairman Fitzpatrick said he thought the Planning Commission ' could act on this request this evening, but the only thing that disturbed him was that they didn't have a legal description of the property in question. Mr. Qureshi said that if they made their recommendation on the three acres between 5th Street and the West I i property line of Unity Hospital this would narrow it down quite well and be a generous enouglz description so they would have enough I� property for their needs. Mr. Eilers said the North edge af the parking lot would extend to the right-oL--way line of 76th Avenue in the Northeast ., corner of the proper.ty. They were providing two parking spaces for every 1,000 squar_e foot of building. Mr. Clark said therc was some confusion on the location of �he parking. Tize answer_s given �or the location of the parking lot were for the parking already drawn in on the plan. Members of the audienc� wan-t to know how far �h.e parking will be from 5th 5treei. and 76th Avenue in t.he proposed additionul parking lot. Mr. Van Hauer said that �•ahen the additional parking lot is needed and constructed, it vaill still be 125 feet fxom 5th Street. Mr. Harris said there should be an agreement by the doctors' group to maintain the unused portion af the three acre tract. Mr. Eilers said the parking lot would be laid out so they didn't have to take out any trees. , Mr. Qureshi said if this property was under a Special Use Permit, that any additional buildina,s, p«r.king lots, or any chai�ges made, would have to be brought before �fie Council for ' approval. If this property was rezoned to CR-1, then they could put anything on this property that was allowed in that type of zoning. The advantage of a Special Use is that the City keeps ' control of this property for the present proposed development or any future development on these three acres. Both the City and the people in the area are better protected. , MOTION by Harr.zs, seconded by Lindblad, that the Planning ' Commission close the•Public Hearing on rezoninq request, ZOA , #73-08, by North Suburban Hospital District. Upon a voice vote, a11 voting a�e, the motion carried unanimously. , ' ' '' � Mr. Harris said he has been in favor of a 5pecial Use in an R-1 area since this request was first made. If we rezoned this property, and after a period of time, under �ahai�ever circumstances, the doctors would �•�ant to sell tnis building, it wotild be hard to say what someon� else might think is a medical purpose so they could use i:his building. A Special Use is inore restrictive at:the present time and will be more restrictive for any future expansion. I feel this request can be controlled much bei�ter with a Special Use rather than rezoning. I �� ' Planning Commission Meeting - 5eptember 26, 1973 Pag� 8 MOTION by Flarris, seconded by B�air, that the Planning Commission recommend to the City Council that a Special Use Permit, 5P #73-11, be granted on the North 3 acres of the eleven acre tract (Parce.Z 2400) to a11ow construction of inedical office building ilz an R-1 District, per FridZey Cit� Code, Section 45.051, 3, F, in lieu of the rezoning request, ZOA �f73-08, by Nortli Suburban Hospital District to rezone from R-1 (sing]e family dwelling area) to CR-1 (general office and I.imited business), the area South of 76th I�venue N.F., East of 5th Street N.E., North of 75th Avenue N.E., and Flest of Unity Hosnital, because this is more restr.ictive, wiih the follocaing stipulations: " (1) An agreemer�t between the North Suburban Hospital District and the yroup of doctors who wi11 own the three acre tract, on the maintenance and use of the skywalk, on the use of. tlie parking lots and driveways, be drawn and re- corded. (2) The medical office building wi11 not exceed three storiQS� above grade. '(3) The exter_ior of �he building wi11 conform aesthetically to Unity Ilospital and be approved by the City Administra- tion. (4) If any additional water mains, sewers or storm sewers become necessary, the entire cost be borne by the North . Suburban Hospital District and/or the owners of the medical building. ' . ' �� ' (5)� The North 5uburban Hospital D.istrict negotiate a Zand � trade so a City park can be provided in the Southwest corner of their property. � (6) Proper signing be provided by the North Suburban Hospital District to direct traffic to and from Osborne Road N.E. (7) Comp.Zete the 50 feet of buffer along 75th, Lyric, and 5th Street which sha11 consist of a berm and plantings to screen the�parking lots from the residentiaZ homes. (8) i�� (10) Provide a 1ega1 description of the three acre tract. No traffic access to 5th Street or 76th Avenue N.E. No tree removal without City approval. (11) Any future parking areas b� provided with a berm or screening from the adjoining R-1 areas presently occupied by single family -homes. 0 ' � , � ' ' . ' �� ' IJ � .� ' � - • I Planning Commission Meeting - September 26, 1973 Page 9 2 I\ (12� (13) The parkinq lots to be 125 feet from the 5�h Street right-of-wa�. An agreement that the doctors' gro�p wi11 maintain the unused portion of the three acre tract. (I4) The medical building wiZ1 be limited to occupation and uses as stated in a letter from the Unity rledical Center of September 6, 1973 which states that this building sha11 be liniited to health professionals which will .include, but not limited to, physicians, dentists, ora.Z surgeon.s, clinical psychologzsts, psychiatric social workers and ��zllied mel�tal health personnel. Ancillar.y uses other than office space sha11 be limited to those commercial enter1�rises desi�gned to serve �he doctors and dentists and their �ersonneZ and patients. Such ancil- .Zary uses would include ihings such as a professional phar_m�cy, an optical company, possit�Zy a card and flower shop, and possibly at a Iater date, a coffee shop. Upon a voice vote, a1.l.voting aye, the motion carried unanimously. MOTION by Drigans, seconded by Lindblad, that the Planning Commission ur.ge the City Cauncil to hold a Public Hearing on the requesi by North Suburban Hospital Disi�rict. Upon a voice voL-e, a11 votinq �ye, the motion carried unanimously. 2. PUBLIC HEI�RING: CONSIDERATION OF A R�ZONING REQUEST, Z01� �; 7 3-10 , BY DON��LD BASINS�1 : Rezone Lots 1-6 , 9 and the North 68 feet of Lot 20, Block l, Central Avenue Addition from C-2 (qeneral business areas) and Lots 10-14, B1ock 1, Central Avenue Addition, from C-1 (local business areas), a.11 to be rezoned to M-1 (light industrial areas), to make zoning consistent with property lines, to allow canstruction of a w�rehouse; the same being 1290 73rd Avenue N.E. Mr. Dick Brama, partner of Don Babinski, of the Bry ant- Franklin Corporation was present to represent the petitioner. MOTION by Drigans, seconded by B1air, that the Planning ' ' Commission wai�ve the reading of the Public Hearing notice for rezoni.ng request, ZOA #73-I0, by Donald Babinski. Upon a voice vote, a11 voting aye, the motion carried unanimously. ' ' Mr. Clark said the original zoning on the�North half of this block was all C-l. About three years aqo �ae had a request for C-2 zoning on the Northeast corn�r of this block, along with a request for a Special Use Permit by an oil company for a service station. Both requests were granted. The station was never built. This request is to combine the entire block, Central Avenue Addition, into M-1, a light industrial area. 'I ' - a I 2L U N I T Y M E D I C A L C E N T E R September 6, 1973 Mr. Edward Fitzpatrick Chairman Fridley Planning Board Dear Mr. Fitzpatrick: To put to rest some of the fears and reservations expressed by neighbors of the North Suburban Hospital District's property, we would like to make the following statement regarding the medical office building we propose to build. We propose to build this office building as close to Unity Hospital as is legally possible. To do this, we will be applying for a varianceto allow us to build right up to the property line on the east side of the property we plan to purchase from the North Suburban Hospital District. If we receive permission to do such, the building will be located approximately 125 feet west of the western most portion of the present Unity Hospital. The �,7estern wall of our office building will then be located approximately 450 feet east of 5th Street N.E.. The first stage of the building we �lan to build will stand three floors above ground, with each floor containing approximately 10,000 square feet. The leasing of office space in the physicians' office building shall be limited to health professionals. This will include, but is not limited to, physicians, dentists, oral surgeons, clinical psychologists, psychiatric social workers, and allied mental health personnel. Ancillary uses other than office space sha11 be limited to those commercial enter- prises designed to serve the doctors and dentists and their personnel and patients. Such ancillary uses would include things such as a professional pharmacy, an optical company, possibly a card and flower shop, and possibly at a later date a coffee shop. For the partnership, n -�c�a`"3^� f �,�C��/�7� /y , t_? � � � < (_ � �• � � �� E�tIDIF` �� y � �� G�O� io �� FRIDLEY CHAMBER OFCOMMERCE 6279 U�iversity Ave., N.E. Fridtey, Minnes.ota 5543Y / \ October 12, 1973 Mayor Frank Liebl City of Fridley Fridley, MN 55432 Your Honor: It has been brought to the attention of the Board of Directors of the Fri�dley Chamber o� Commerce that a group of Doctors is proposing a Medical Office Building near Unity Hospital, so that more Doctors and Specialists would be attracted to Fridley to support the hospi- tal complex. The Board of Directors has considered this proposal and feel that the additional Doctors in the area would greatly enhance the effect- iveness of the Medical Complex, and that they approve of the basic _ concept. Sincerely yours, C�' � 6�6tivtv�l Edward H. Dunn Jr. Manager 11 0 I 2 f�i ' _ �� ORDINANCE N0. ' AN 02DINANCE REGULATING THE PARK(NG OF CERTAIN COi�9tr1ERC 1/1L VEH I CLES LIPOi�1 THE PLlBL I C STREETS I N RESfDENTi�iL DISTRICTS 11ND PRcSCRl6lNG PENALTIES FOR ' THE V f OLATI O�J THE2EOF, �1�riEND I�� CHAPTER 506 QF TNE FRIDLEY CiTY CODE. TNE C 1 TY COUNC I L OF THE C I TY OF f=R I ULEY DC�ES ORDA I N AS FOLL01�1S: Section $06.0]_ i� amended as folfows: l Subdivision 1. No persan shall drive, operate or be in actua) physicaf� controf of any vehicie contrary to state law; nor shal) any owner or person f�a��ing custody or control of any vehicle kno«ingly allow any o�ther persan to drive, aperate or be in actual physical contro) of a vehicle contrary to state law. Subclivision 2. As used in this ordinance, the term "commercial vehic(e" means ancl i nc I ucles �"trucl." as def i ned i n f�1 i nnesota Sta-�utes Seet i on 168.011 subc�. 10, a`°tractor' as def i ned i n f11 i nnesota 5tatutes Sect i on 168.011 subd. 11, a"truck iractor" as def i neci i n t�1i nnesota Statutes Section 1C8.011 subd. 12, a"�rai(er" as defined in �linnesota Statutes Sect i on 168 , 011 subd. 13, a"sem i-tra i( er" as cief i ned i n �ai i nnesota Statutes Section 168.011 subd. 14, and a"bus" as defined in F61innesota Statutes Section 168.011 subd„ 9. � Subdivision 3. �s used in this ordinance, the term "residential district" means anci includes those �reas zoned_sinc�le family dwelling areas, two family d��relling areas, and general multi�>te family dwelling areas. Sectian 50b.122 a ne�� section whi.ch reads as folfows: No person shall parlc or leave standing a cor�merciat vehicle, whether attended or unattended,�having � gross weight af more than 13,000 pounds upon the put�lic streets in any residen�u�l district for a period of time lon�er than four hours, unless in the process of loading or untoading �nd then only for such period af time necessary to load or unload. � PASSED f3Y TfiE C i TY COI.IiVC I L OF THE C i TY OF FR 1 DLEY, TH I S DAY OF SEPTEF�iBER, 1973• A'TTEST: CITY CLERK . h1ayor First Reading: Oct. 1, 1973 Second Reading: Publish: II -._.�_ 168.013 �IOT1lft VE�CLES; ItEGISTILATION; TA.�iATION „]. � :0�� 5. On all trucl:s ancl tractors except those in this chapter cias,i;"� �� ..c= faritl truc}:s, and i�rLan truc}cs, arid on all trud:-tractor and semi•trailer cc..:.:�n�.tioils except those classified as urban cumbinations, the tas durin� eacIi ot tiie first three y�ears ot vehicle IiSe on vehicics havins a gross weight of 27,000 �ounds or• less, and durino each o: the first six yeurs of veiiicie lite on those vehicies havin�� a�ross �veiyirt in excess of 27,000 pounds, shall be graduated accordinb to the followSng scliedule: (a) Gi-ass �Veight of Vehicle T� 1 to 7,000 ]bs., incl . ..........................................................................�y 25.00 7,001 to 9,Q00 lbs., incl . .......................................................................... 30.00 9,001 to x1,000 1bs., i1ic1 . ....................................................».................... 40.00 11,001 to 13,000 lbs., ir�cl . .......................................................................... 50.00 13,001 to 1:i,000 lbs., incl . .......................................................................... 60.00 15,001 to 17,000 lbs., incl . .......................................................................... 70.00 17,001 to 19,000 Ibs., incl . ..............................:........................................... 80.OU x9,001 to 21,0C�0 ibs., incl . .......................................................................... 90.00 21,001 to 23,G00 lbs., incl . .......................................................................... 10:i.00 23,001 to 2�,000 lbs., incl . ....................... .... 120.00 ............................................... 25,001 to 27,000 lbs., incl . .......................................................................... 145.00 27,001 tu 2�,000 lbs., incl . .......................................................................... 20�.00 29,001 to 31,OU0 Ibs., incl . .......................................................................... 241.5Q 31,001 to 33,000 3bs., incl . .......................................................................... 27�.00 33,001 to 33,000 lbs., incl . ......................................•••............•-•.................. 314.00 35,001 to 37,000 lbs., incl . ............................................:............................. 3�2.00 37,001 to 39,000 lbs., incl . ....:..................................................................... 38� 50 39,OD1 to 41,000 lbs., incl . .......................................................................... �22.50 41,D01 to 43,C00 Ibs., inci . .......................................................................... 459.00 � 43,OD1 to 4�,000 lbs., incl . .:..........:.....................................:....................... 495.00 45,001 to 47,000 lbs., incl . .......................................................................... 531. ;0 47,001 to 49,OU0 lbs., incl . .......................................................................... 577.50 49,001 to 51,000 lbs., incl . .......................................................................... G0�.00 51,001 to 53,000 lbs., incl . .......................................................................... 6?U.00 53,Q01 to 55,000 ]bs., incl . .......................................................................... 67G.00 55,001 to 57,000 lbs., incl . .......................................................................... 712.50 57,001 to 59,000 lUs., incl . .......................................................................... 745.50 59,001 to f1,000 lbs., incl . .......................................................................... 78�.00 61,001 to 63,000 Ibs., incl . ......................•................................................... 821.00 63,001 to G�,000 lbs., inci . ..............................••-......................................... 8;i6.50 65,001 to 67,000 Jbs., incl . .......................................................................... 893.50 ' 67,001 to 69,000 lbs., incl . ............._............................................................ 930.00 69,001 to r1,000 lbs., incl . .......................................................................... 96G.00 ?1,001 to 73,000 lbs., in�l . .......................................................................... 1,002.00 73,001 to 7�,000 lbs., incl . .....................................:.................................... 1,038.�0 For each vehicle tivitli a gross cveight of more than ?5,000 pounds the tax sliall be $1,03�.50 plus $34.50 for each ton or fraction tliereoi in excess of 75,000 pour.ds. tb) The followino depreciation allowance is made for vehicles having a gross weight of 27,000 pou.ids or less: (1) Dux•in� each of the fourth, fiith, ancl sixth years of vehicle life, t}ie fiati shall be SO percent of the tax provideil above b�it in no event less than $20 per vehicle. .(2) During each of the seventh, eighth, and ninth years of vehicle life the tax shall bc GO percent of the tax provided aboti•e but in no e�ent less tlian $16 per vehicle. (3) Dut•ing the terith aticl succeeding ��ears of vet2icle life the tax shall be 40 percent of the ta� pro��ided above but in no event less than $12 per vehicle. (c) The iollo�� in� depreciation allocvance is made for vel�icles ha��inb a gross wei�ht of over 27,O00 pounds: (1). Durin� the se�•entti and cach subsequent year of vehicle life, tt�e t1x shall be 70 percent of the tax pe•ovided abovc. (d) �ach vehicle taxed under subparlmraph 5 of this section hzvino a�rosti weiglrt in excess of 27,000 pounds, and used for the transportation of iivc�toc�l; or unprocessed and ratv farm products shall be taxed at 90 percent oS the fore- 0 o�:�rr��rvcc r��o. APd ORDIP��ii'!C� ADOPTIP�G 7HF f3UDGET FOR TIIE FISCAL YE1lR i974 71{E CITY 0� FRIDIEY OfZD,'1IyS: S�CTIO;N 1: T}1ai tne unnual budget of �he City of Fridley ior �he �iscal January 1, 197� �:f�i c�� has beeti submi ttecl by the Ci ty �'nat�ger and ap;�r�oved by the Ci ty Counc�i 1 i s hereby• adopted; the total of tf�e sai d tna jor d i vi s i ons tnet°cof bei ng as fol 1 o�;�s : _r . II 2 year begi n. i ng ar;d r�odi fi ed budget and the CS I"1 h�ATF 0!- RL- VE��UE APPROPR I�;TT Of�dS � GEP;ERAI_ f=U10 --- � �enera1 Prooerty Tax � 1,155,277 Ci�:y Council Licens��s -- � , ! Ci ty P�1analer s Orfi ce 'Cont�actors `_ �,g55 Fina.nce (Elec�ioi�s, Cler!c- Business 3�G99 Treasurer, �ssessor, � Others 4,800 Audi�:ing) . Permits 6�,_380 �eyal Fines �and•Forfeitui�es � 25,000 Boards and Commissions Use of Money & Property _ _. � �uilding and Grounds Interest Earned 34,500 pol�ce Rent p�' Fi Ye � Shared Taxes s ' Civil Dei'ense Sales Tax 550,89T Enginecring, f'7anning Grani,s 2,000 &��ui1ding Inspection Revenue Shari ng 14�`,�72 Publi c blor�cs (Street, Sno�•r & Service Charges 53,500_ . Tce Removal, Sir,ns &Siri�als, �State Aid f�laintenance 21�,��0� St�op, Streei; Lights, & Storr � Set�rer) Li�uor StnrQ ?'ransfers 75,OQ0 Sa��itation & Heal �h ��aan Revenue Rec�i pt;s � -` - Parks, Recreati on & Band Trarrsfer fr S�l: /iid Rev Acc 2i,000 Reserve Transfer fr S�; Aid Sur�lus 35,000 �Other ' 76,960 Trans�er from Sur�lus �"95,5�u �OTAL: GC«ERAL FUND P.E.R.A. Fund �Taxes . Oth�r � TOTAL �i re�z�en `s Rel i ef Fund Taxes: Insurance Refuncl 70'fAL �ol i ce P`e�is i on I�und Tar,es Insur�ance Refut�d T0711C ta�:e A�i d Fund Debt Service: ' Ci vi c �Center Pat°ks - Surpl u�� OTf1L : 07iiE i? - 7axes FIiNQS 70TA1_ ; �LL f=ti;�DS � $ 2,346,054__ � OTHER 1=Ui�DS 93,977 � 5,soo � • 99,777 23,OU0 �� 23,000 74,209 22,000 � ��o,2t?S. �a - 15a,��0 38,476 5,473 � 43�,875 . ��2,782,929 _ �, 1'OT�tL : GCPlERAL FUi�D P.E'.R.A. Fund Fire Reliei Fund Police I'ension Fund S1;ate Rid D°bt Set,vi ce Civic Center �onds �Park Bonds TOTAL : OTFIER FUP�DS rorn�.: /1L1_ FUiJUS 1973 � 53 i8�0 81 ,1U5 _ 17��,�J57 :� �'ZG(�-_ � 8s580 �2.412 `�5 ; 792-�- -l�.i T, 2�4 - 15 , G30 -^-- 191 ,5G6 461,919 29,906 a-17,�+95 lOS,32u ` � 2 ,34� :u54 99,777 ,__ 7_ �,_000 9s,2os �� 54,OOU 38,41G 25,�I13 $ �435,i37� �-- 2,782,92y ORDINANCE N0. (Continued) II 2A SECTION 2: That the City f�anager be directed to cause tl�e appropriate accounting entries to be made in th� books of the City. PASSED AND ADOPTED QY THE CITY COUf��CIL OF 7HE CITY OF FRIDLCY TNIS dAY OF ATTEST: CITY CLERK - T�ARVIN C. BUR�{SELL Public Hearing:_Seat, 17, 24 October 1, 1973 First Reading: October 1, 1973 Second f�eadi ng Publish: � , 1973 P�IAYOR - FR�PdK G. LTEBL ' 1 1 1 ' ' MEMO T0: Honorable Mayor � City Counc�l MEMO FROM: Nasim M. Qu.reshi, City Engineer MEMO DATE: October 11, 1973 SUBJECT: Status Report on Locke Lake Survey , At the City Council Meeting of September 24, 1973, the City Council discussed the problems attending extending lot lines of those properties on the lake down into the ' water. We have received a revised map from the Anoka County Surveyor's office for those properties on the north side , of Locke Lake, which fihey feel are the only ones with th� � m.ajor problem. ' A registered land survey requires th;e same legal steps as a plat; i.e. publi.c hearings beiore the Planning �ommissiorz at-id -�i1e City Council. If tlze Council cancur•s, 1 then a public hearing wi11 be scheduled befare the Planning Commission on November 7, 1973, and will come before the Council for a public hearing on Novemher l2, 1973. ' ' NMQ/jm ATTACH: 1 , � , ' ' ' c II 3 - . ;:; i . �,.:..,, � /�, TyIR D ' , f "':;?: '.-- ` II 1 , , J_ , 3 A , , ; � _ , , . . , , , . i � {:'�; . il � , �` ' / `�, �e �' � A0D/T/0N "''%' f't9 �\ � � Ii lf %' ,^:..-s t � � �a I /� � � • . L �------� � � O - i� . 19 ` i � - -----, � � � 0• � 1 � \ \ � ?1 � � / Ti✓tr q . I � --- - - - i60 � Ti.�ef B _ �� I u) . 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'�� 4 _ s ( 1 , ' .' Wq •; "' ., ►- ,. y �` ` �C � ; .� �, ' .'��' �,'� �` .N,. a I .. • � . . f -�••'G' ��•'� I 9� r ;'M +�. • , � -., � � � � \ + a � a�v �•.o. yY , ' � • • � : , � �� •• . �'�� ir 1 . . . � M 1 ��.+1 , •I • 1 � � 6 + 1 �, •f � � � • � i'. , �K'4 Y a„� ��.. �/ ►_ � . . . . �.,�• � : r� �'�-;. � ' ��: Q� i .. , . �.� � _ � � � . . �� ,: , � Minutes of the Parks � Recreation Commission Dfceting, September 24, 1973. Page 2 II OMPREHENSIVE PLAN �CON�T): 4 � of the parking lanes and close it off for a bicycle and pedestrian path system. He further explained that they tvould like to separate the bicycle traffic and pedestrian , traffic as n�uch as possible. tJhere it is available. they <<�ould like to use the parking lane for the bicycles and install a sidewalk for pedestrians. � Mr. Boardman explained t}Iat the system �aas set up to tie people with services. EIe pointed out that the schools, parks, and shopping areas are all connected to the trail system. ' ' , , ., ' � �I The system, as proposed in the Plan, �eould cost an estimated �150,000.00. Of that total amount, approtiiinately $15,000.00 tiaoulcl be used for developing the system on our present streets, �aith the balance being used to take the paths into areas wliexe there is no existing development. This total is also subject to 10% to 15o annual increase for lavor aild materials. Available funds �ould be bonding, developing it within the Parks and Recreation Budget, or Pederal fwiding, which is not readily available at this time. � The next area discussed i��as the neighborhood park area. They lool:ed into tlie population of the difierent areas. l�lithin each area,.there are certain factors <<ihich divide the residents from the available facilities, such as Rice Creek, High�aays 47 and 65, Freetaay 694, etc. Each area �vas broken do�:m according to the 1970 census and the natural barriers. The projected population was considered and recommended acxeaoes determined. The mini-park service was set up on a quarter. mile radius. Afini-parks are the narmally referred to Tot Lots, which provide appa.ratus and play areas for the younoer set. The neighborhood parks are served by half-mile radius sections and offer more play areas and facilities. h4r. Stimmler asked what was expected at the meeting, as far as action taken taas � concerned? Mr. Boardman stated that t11e Plan �ai11 be presented to the Plannin� Commission at their October lOth meeting and t}iat they would like to have the approval o£ tIie Commission, if possible. � � J I L� b9r. Stirmnler said that as far as dea.ls mostly with bicycle paths. thc. population in the particular he could tell, the Plan, as it is preselltly written, He felt that the priorities should deal more with areas. r9r. {�est felt that the biggest question should be with the space available. Mr. Stimmler stated that the pl.an •lays out the voids in our present system. He £elt that it titi�as a good plan in that it tells us just ti��hat �he needs are in the various areas, but he would like to see the pa.ths system placed secondary.. Mr. Boardman said that they �,�ould take care of that change. TSr. 81air said that he�feels the plan should be approved and has no other chan�es. Il{OT'IUN br S.�u>>!n2e,�c, S�.c_anded by Pe�e�c�s�n, �a acc :�i, u,s bClltTltit,t.e � .t�ze C,i�ty �utitirw5��.2�coit. INI-}3Ik;ES A(�1D THE SEARS PROPERIY, Several residents of the area wei�e prescnt at the mecting to thc� use of tlle Sears Property �lte Patch� and Rec�c.ea.�c:on C� ,t o.�.an ca�vt,c.e . located near 69th Avenue and Rice Creek Boulevard discuss the need fo� and the problems arising out o£ for mini-biking. �1r» Blair asked Chester Swanson to open the discussion with a report on hi�s letter to the Pridley City Council, regarding the need for a facility for mini-bikes. � e Minutes o£ the Parks � Recreation Commission Meeting, September 24, 1973. Page 3 � � II MINI-BIk',ES �CON�T); �} A �. Mr. Swanson reported that there is an ever-increasing number of bikes in Fridley and that there are many who abuse the privilege of riding. As in many similar � sparts, those few are going to spoil it for everyone. In recent years the mini-bike gre:w in popularity and a parent iaould buy a bike for his youngster �vithout givin; him� the pxoper trainimg and instructions. If the Sears property is closed off, these youngsters will be forced into the streets, doing thin�s they shouldn't, and the , results could be bad. Mr. Swanson agreed that the past Summer had been a bad one for those residents whose property ficks up to the Sears Property. He agreed that if ' the City were to lease the property, they would have to devise a way to protect the . hotneowners. He also stated that un ordinance would have to be adopted to control the noise and that signs should be posted. ' Mrs. Boser asked just who this area would be opened up to. She wondered if riders fro:m I3laine, Coon Rapi�s, and Spring Lake Park would Ue encouraged to come to Fridley to ride. Mr. Swanson said tlia.t �,�e couldn't make it exclusively for Fridley. �1rs. , Boser sai.d that she could not visu��2.ize 150 bikers using 40 acres of land. A1r. Staanson stated that whether or not riders came from othex Cities was of no importance, but the��aould be expected to abide by the rules and regulations set up by the City � of :Fridley. Nlrs. Boser asked if he wauld be requesting that the City enforce the noise level and speed and Mr.� Swanson said that they would not necessarily have to enf�rce the speed. � Mx. Blair displayed a 197fl map sho�+ring an aerial view of �xidle�. He pointed out that thexe really aren't a lot of places large enough for mini-bikes to operate. One area pointed out was near FAiC Corporation which has been plotted for development, but could � possibly be used. There's another place near Midland Coop and a third is ot�Tned by Bur�ington Noxthern Railroad. There is another area to the Nortll and {`'est of \orth Par};, which is located in Coon Rapids, but owned by Burlington Northern Railroad. , There is an area along the River and tVest of FAIC Corporation tahicll would be larQe enough for mini-bikes and Rivervie�v Ileights Park z��hich is approximately 7 acres in size, is owned by the City and is a possibility. Anather place would be near the Onan Corporation. There is some land in the North Innsbruck area, but it is c�uite. � hill.y and �aooded, and probably not desirable for bike traffic. Dfr. Blair pointed out that: in most cases, bikes tiaould have to be trailered in. Afr. Swanson agreed. , Mrs. Boser asked if the proposal was to find one specific area iaithin these mentioned? Mr. Blair responded that he was not going to pick out one location, but rather that they would make these reconunendations to the City Council and that.they would have to , decide on w}iich area would be best. . Mr. Peterson asked if mini-bike riding was �aithin the frame of recreation? He stated � that in his opinion, neither sno�,miobiling or mini-biking should fall �aithin recreation as he sees it for Fridley, h9r. Blair said �hat this was a question that the Commissioners�had to answer for themselves. ' Mr. Stimmler asked Dir. Swanson abouL his proposal to the City Council. He referred to the portion w}iere lie stated that even very you�ig children are operating bikes and how noise would have to be controlled, by policing. bir,. Stimmler pointed out that this ' typc .o£ problem is almost un-enforceable ancl reierred to the sno<<m�obile problems ��e }iave had. tle a�ar��t W111L to infer that the t�ao ��roblems are similar, but felt there would be problems, b1r. SW�]15071 said that bikes could be i.mpounded, if violations 1 occurred. h1r. Stimmler said that this would almost involve full time supervision. Mr. S►��anson stzted that the Park School Itanger could take care of that. P9r. Stimmler explainecl that thc primary purposc for thc }tanger was to cut down on the vandalism ' at tlie Parks and School s. , Minutes of the Parks � Recreation Conimission Meetin�, Se�tember 24, 1973. Page 4 , , 41� MINI-BIKES �CON T); ' Mr. Brown stated that t]�e first decision should be whether or not we need to provide an area f.or t}ie mini.-bikers, and secondly, where should the area be located. bir. , Brotivn pointed out that the mini-bikers have not oroanized and come forward to ask for an area to ride. A9r. S�aanson stated that the whole idea of mini-biking and snow- mobiling is to get out by oneself, and riding. It's an individual sport. ' b4r. Brown suggested that other municipalities be contacted to see just how they have handled their particular problems. '� Mr. Blair asked the Commissioners for tlleir recommendations. Mr. Peterson stated that he had not received any rec�uests for this type of activity and in his opinion, it does not fit into the scope of recreation in Pridley. Mrs. Caldwell said that she does ' not oivn a mini-bike, but that she �eels there are a numbex of residents who do and their �.nterests should �lot be forgotten. �� r4r. Blair felt that there are areas h�ithin the City which could be used for mini-Uiking, but that the machines would al�nost have to be trailered in. - Mr. Peterson pointed out that boating access has not been provided £or Fridley residents and he doesn't�feel mini-bikes or snowmobiles should.be given more consideration. MOTTON by Ca.edwe,P�, �o neean�me�d �h� �lie C��y �.aah �an a �u�i�a.b2e �s-i�te �Un �he opehc�#,�atii aU �SV1UtL�)1CJE�,L�'Ql� ajtd m.ivu-6.the� w-i�iluvt Ftr.td2ey. The blotion died for the lack of a second. MO7TON by S��m.�en, Seca�2ded by Pe.t�e�sa�1, nee�m� ��a.iy�, � ie Pc�zf� ayt Zee�iece�.a�, Co��m��.v�2 n�� nvv.�. e a �ae�i.�i�tu v�i ti ie Ser�,� t�n.a;�� ►�eh.c�:ca�2 a; mtivi,c,- �. e� . W�i L Ccu� w vv� d�ng �a �Gie C,i�y Cau►1c.i,e, �lu�t a� e,s n�� e � 1eJc� .c,6 an a equ�e an ar2u ati en �fu. ' ecf !anv�e��y, �an i2 ca��ea . It was suggested that Jim Hill, Public Safety Director, be invited to attend the next , meeting of the Commission, to explained the proposed ordinance. ISLAI�LDS OF PEACE AGREEI�1ENT� � The Commissioners asked blr. Bro��m f.or an updating on the lease agreement with the �� J L ' Islands of Peace Foundation. Mr. Brown explained that he had read the agreement and had some questions which he felt must be answered before it was finalized. The Agxeement is �o be pu� on tlie Oc�ober agenda. h��TI�N by P�te�c�svn, Secanded by Ca,edwe,P�, neque�s�i.�ig �he �D.vicee�a� a� Pcuc�s and Ree�eea.t,i.an �� ,�v�te a.�e,ttietc �a hf�e. 1-(�tvu:efz a�td h�`c.• He�r,ea{��hy, c�s(2i.►2g �an �he aj�c�5�us �a �6te que�s-t�aris wluch �he D.ih.ec.tan had, negcuccii.�g .tlie I�s.?.and� a� Peaee Agnee�neri,�. TILe �ia.t,i.or� ccuvu,ed. Mr. Peterson felt t}iat tliere was no action which could be taken without the answers � to these c�uestions . ' LAND ACQUISITION PRIORITY LIST� 1 r9r. Brown turned the Commissioner's attention to the memora�ndum he had written to the Acting City btana�;er, regarding the land acquisition priority list. Mr. Brown asked the Commission to review the memorandum and maps, and make a recommendation. ' s?r.�1_1_�11�i__�� Ordinance No. 1 AN ORDINANCE TO AMEND CHAPTER 11, SECTION 11.10, FEES, OF THE CITY CODE OF TiiE CITY OF FRIDLEY The City Council of the City of Fridley does ordain as follows; Chapter 11 of the Fridley City Code is hereby amended to read as follows: Section 11.10 Fees. Change subject "Contractors (all), $25.00/year" to read "Contractors (all except Movers), $25.00/year". Section 11.10 Fees. Add new subject of "Movers, $100.00/year". S�ction 11.10 Fees. Add under paragraph of "The following fees sha11 be charged for services rendered: Moving, $5.00 for structures being moved through the City on City Streets. PASSED BY THE CITX COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF , 1973. ATTEST: CITY CLERK - MARVIN C. BRUNSELL First Reading:_ Second Reading: Publication: � IKAYOR - FRANK G. LIEBL � �G � �o � ,,. OG � �o� ' . m � � � P.S. #73-07 Innsbruck f �, � North Townhouse 3rd Ad i:: � Quadrominium portion o <;' = Darrel A. 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'T—"'' ^ �i �–�—i 1 L Ni I tn I a � i ~ �I �1 . i--� �•�.i_l ` � ; L_� � , ( - � E = �:' � �_� �. --j ��'_1 ,: V ; ; L� �._ �--� t-° � --- -- - --- . __ _ __ � . �__ c`t:.-_ � . � � �� , >'7 `_ ! �_ f, < r� <� �A� � , �'--+ A1 � �- /�-� 1 � •:r � , /---`-- ' I -'- s�, � . � �� • —� � -, 7( t � �� __.. — � . . ' ---' I , . � - i _ .� `t _ � . � � !r ` 1' ;i. ��. . ,. _ ` . `� - �� I �,� �� . . �. `;'i _ , i �� `t. �`, `! � �� . � " � 1 1 �. ' , . i f_ {. ,; � 1 C� � r-- '; 1-_ � � .� --� � _ ; . - ._.._.__:1� ..; .�._ �� _ .i •_ �• �''� G • 1��'`• ( �'�`J ` � � � �.. � . . � . ( ' �f� • n �.� ..._ � � � —�_l � -•- � - ,�.�= . a �I' U r—� ' ` I -.` � � _ �_--t t.��;1 _,�1, ; �� _ � a _..� --i 1 :,} ', � __ � :, � �-- ; ' �---�, _ � � '� r � .---'� I I� J �, �. = � _ _ ;�-- —' . . ___, I. "� `� `� _ _ . - � �-_-. I 1 � ;._, . . , .-� .. � � �' � _.�-- �� -.� . _1j �, � - _- . .t `i I� �I �:r� ,��.-r�'- M�, ,�- I 1 ,_ 1 I . , ,y _ � _ .t l ', . .� ` , '� � _ I _ 1� . . ,. ._._.. l- --- _' � I l I . ; 1 t � � � � , ..— � � � ' . ,' ' CITY OF FRIDL�Y PLANNING COMI�4ISSION MEETING SEPTEMBER 26, 1973 CALL '1'O ORDFR: P.M. PAGE 1 Chairman Fitzpatrick called the meeting to order at 8:00 ROLL CALL: ITI 3 Memb�rs Present: Fitzpatrick, Blair, Lindblad, Harris, Dric�ans Members Absent: None ' Others Present': Darrel Clark, Community Development Adm.= Nasim Qureshi, Acting City Manager, City Engineer . APPROVE PLANNING COi�2ISSION MINUTFS: SEPTEMBER 12, 1973 MO�TION by Harris, seconded by Lindblad, that the. P.ianning Commission apprave the minutes of the meeting of Sep�ember 12, 1973 as written. Upon a voice vote, a.Z.Z voting a�e, the motion carried unanimously. RECEIVE PARKS & RECREATION COMMISSION MINUTES: SEPTEMBER 5, 1973 MOTION by Blaix, seconded by Drigans, that the Planning Commission receive the minutes of the Parks & Recreation Commission meeting of September 5, I973. Upon a voice vote, a.i1 voting aye, the motion carried unanimously. RECEIVE BOARD OF APPEALS MINUTES: SEPTEMBER 11, 1973 MOTTON by Drigans, seconded by B1air, that the P.Zanning Commission receive �he minutes of the Board of Appeals meeting of September 11, I973. Upon a voice vote, a31 voting aye, the motion carried unanimously. 1. CONTINUED: PUFLIC HEARING: CONSIDERATION OF A REZONING REQUEST, ZO�1 r73-08, BY NORTII SU�URBaN HOSPITAL DISTRICT: Rezane from R-1 (single family dwel.ling areas) to CR-1 (general office and limi�ed business}, the area South o� ?6th Avenue N.�.; East of 5th Street N.E.; North of 75th Avenue N.E.; and West of Unity Hospital, to a11ow construction of a medical office building. Public Hearing open. Mr. John Haines, Administrator of Unity Hospital, Mr. Robert Va� Iiau�� President of Health Central Inc., and Mr. A1 Eihlers, Archicect, Health Central, Inc. were present to represent the petitioner. � 0 � ' TII Planning Commission Meeting - September 26, 1973 Page 2 3 A Chairman Fitzpatrick said the last time this was on the �, ' agenda, tlie PZanning Commission made the request that the North 5uburban Hospital District come back with a more limited request. ,, Mr. John IIaines, Administrator of Unity Mr. Robert Van Hauer and Mr. Al Eihlers, who ' details on this request. �_ J � ' Hospital, introduced will present more Mr. Van Hauer said he would like to read a letter that was given to him by the doctor's graup to present to the Chairman of the Planning Commission. The letter from the Unity Medical Center, dated September 6, 1973, is as follows: " Dear Mr. Fitzpatrick: To put td rest some of the fears and reservations expressed by neighbors of the North Suburban Hospital District`s property, we would like to make the fol"lowing statemeni� regarding the medical offic� buildinq we propose to buzld. ' We propose to buil^d this office bui.lding as close to Unity � Hospital as is legally possible. To do this, c��e wi11 be app1ying �'or. a va�.iance to allow us to build right up to the property line on th� east side of �he property we plan to ' purchase from the North Suburban �iospital District. If we xeceive permission to do such, the building will be located approximately 450 feet east of 5th Street N.E. The first , stage of the building we plan to build will stand three floors above ground, with each �loor contazning approximately 10,000 squar� feet. . " � � � � ' 1 ' ' � The Ieasing of office space in the physicians' office building shall be limited to health professionals. This wi11 includ�, but is not limited to, physicians, dentists,�oral surgeons, clinical psychologists, psychiatric social workers, and allied mental health gersonn�l. Ancillary uses other than office space shaZl be limit�d to those commercial enterprises designec� to serve the doctors and dentists and their personnel ai�d patients. Such ancillary uses would include things such as a professional pharmacy, an optical company, possibly a card and flower shop, and poss- ibly at a later date a coffee shop. " Mr. Van Hauer said this was signed by four doctors in the partnership, one being Dr. Shattuck who was presently chief-of-staff of Unity Hospital. MOTIDN .POCeive the 6th, 1973. unanimousl�. by Drigans, second by Blair, that the Planning Commission Ietter from the Unity Medical Center, dated September Upon a voice vote, a13 voting aye, the motion carried ' . III Planninq Commission Meeting - September 26. 1973 Page 3_ 3 B � ' ' ' ' ' ' � ' , , ' Mr. Van Hauer followed the reading of the letter with a presentation of colored slides showing from various angles where the medical cen�er would be located in relation to Unity Fiospital. He said the area they were discussing was a three acre tract on the �orth portion of the original eleven acres of the rezoning request. He said there would be another Iane put in the driveway that leads to the proposed location of the medicaZ center. He sazd that a 50 foot berm is planned around the perimeter of the property and this will provide screeninq from the residential area. This will be planted with trees and low plantings. . AZr. Fitzpatrick aslced ho��v many offices this building will provide. DZr. Van Hauer said some doctors need more space than others, depending u�on their specialty, but the average would be about 750 t0 B00 square feet in average so there would bc� room for about 25 to 30 doctors. � Mr. Fitzpatrick as}ced if there were calculations on when this building would be up and occupied. � Mr. Van Hauer said that according to the present timetabl� the cons-�ruction c�Tould star•t in the spring or early summer of 1974. It would take about 12 months to complete the building which would malce the opening in about July of 1975. At the present time there are 11 doctors who have committed themselves to leasing space in this building which is about 1/3 of what is needed. They expect to have it 2/3 leas�d by the day it opens, and w�.thin a year of the opening, July 1, 1976, the building wi11 be fully occupied. They are allowing space for a second building which may not be needed for 10 years, and additional parking, when it is needed. Mr. Fitzpatrick asked if there would only he specialists in this building. Mr. Van Hauer said th�re would be no restrictians,. but up to the presen� time, a family practicioner most generally likes to have his own small building, although this trend is changing also. � Mr.� Fztzpatrick said that in the letter presented it mentioned a long lisi of health professionals that would be using this build- ing but said it was not limited to what was listed. Why was this statement in the letter? Mr. Van Fiauer said there is a new field of paramedics, for instance, and this was mentioned because the medical field�is undergoing many changes Mr. Harris asked who would own the land where the medical ' center would be located. Mr. Van Hauer said th� doctor's group would. Mr. Harris said this could not be a land locked parcel of 1and. Mr. Van Nauer said they will have access to the driveway ' to Osborne Road and to the undeveloped 76th Avenue. Mr. Harris asked why they had to have a variance for this building when they have thre� acr�s to Zocate the building. ' . � Planning Commisszon Meeting - September 26, 1973 Page 4 III 3C Mr. Van i�auer said they want to have this medical center as close to Unity i3ospital as possible because it will be co�- nected to Unity by a skywalk that would be an all-weath�r passage- way. They c.�uldn't sell the doctor's group any property closer to the hospital because this was the first parcel bought by the North Suburban Hospital District and was indentured by a bond issue. The parcel they are selling was �urchased lat�r and does not have this indenture. Mr. Harris asked who would own and maintain the skyway. Mr. Van Hauer sazd the skyway would be located on the North Suburban Hospital District property, so they would have to build it, own it, ai�d maintain it. He said they ��ould be granting an easement to the doctor's group to use this skyway, and the egress to Osborne and the use of the hospital parking lots for overflow parking. P�ir. Harris asked how many storiesthis building wi11 have. Mr. Van Hauer said there ��auld be three stories above grad� and one below. The skyvaay will be at -�he second floor level. Mr. A1 Eilers said th�'e�terior of th� medical building will match aesthetically Unity Hospital and the North Suburban Hospital Board has reserved the right to approve the exterior appearance of the building as well as the qeneral design to ensure that it will match the existing buildings. • • � Mx. ��aines:said that i.f the Planning Commission want�d to handle this reques� in.a more appropriate way than rezoning, the North . Suburban Hospital Board had no objection as Iong as it would accomplish the same thing. Mr. Clark said the City code was changed in 1969 to allow clinics in an R-1 area with a Special Use Permit. The Planning Commission can recommend this instead of rezoning, if they wish, because it is more restrictive. Mr. Clark asked if they had brought a legal description of the parcel they wanted to sell to the doctor's group. Mr. Van Hauer said they haven`t had any survey made of this property be�au$e the original request was for the entire eleven acres, but they can have a survey made of this portion in a week or so. Mr. Fitzpatr�ck said we would want this legal description for describing the parcel involved in this request. Mr. Drigans asked what hours this clinic would be open. Mr. Van Hauer said the normal hours for sp�cialists would be from 8 to 5 and he was sure this would be the hours the pharmacy would be open also. He said he wouldn't want to mak� the statement that these were the exact hours they would be open, because the medical professioii has found that they had to go along with public demand. If the public demands evening hours, then these hours were subject to change. , - II � � ' � LJ �J � ' � ' , � � IJ � - , � ' IIT Planning Commission Meeting - September 2G, 1973 Page 5 3 D Mr. Eilers said this was a drawing that was being presented tonight, and when they siarted actually working with the site, it would be adjusted scliismatically to save as much of the woods as possible. Mr. Nasim Qureshi said as Mr. Clark has mentioned, our Zoning� Code was changed in 1969 to allow a medical clinic in an R-1 area with a Snecial Use Permit. He said that when he talked to Charles Johanson about the North Suburban Hospital Board selling this property for private ownership by a group of doctors, rezoning was suggested. If the North Suburban Hospital District was going to ' construct and own thi.s buzlding they could do so without rezoning or a Special Use Permit. In talking to members of the Iiospital Board, they want to be able to get assurance that this request will enable a private group of doctors to construct this medical building, and be able to convey this assurance back to the group. As a staf� memb�r_, my recommendation wouZd be that the Planning Commission recommcnd that this be a Special Use instead of rezoning. A Special Use is moze restrictive and this would allow the City more control of this property. You can recomm�nd that a medical clinic be allowed i_n the North three acre;s of this parcel under a Spe�ial Use. , Mr. Qureshi said that some of the restrictions that could�" b� asked for are (1) no traffic direcied to 5th Street, (2) The City have tull control of ou�.side material of the building and aesthetics of exter_ior development, (3) we provide that no trees are taken out wzthout expressed appro�ral of the City, (4) get a berming agreement for additional plantings to give protection to the residential area ��iest of 5th Street, (5) Negotiate an exchange of 4 tax forfeit lots North of this property for an area in the Southwest corner of the Hos�ital propert�y for a City park, which we need in this area ,(6) that all costs for any additional utilities in this area brought about by this development, be borne by the clinic and the hospital, and (7) that they provide proper signi.nq and work as much as they can to direct tra�fic to Osborne Road, which is a Coun�y road, and should be used �or high volume traffic. He said the Hospital Board has been very cooperative in closing some o� the accesses to Unity Hospital. and in providing berming. Their concerns are the same as the City's. Mr. Qur�shi continued, that the Planning Commission has three choices. You can recommend rezaning with an agreement that this property wil1. anly be used tor medical purposes, yau can deny the rezoning, or recommend that the area needed for the medicai office building be put under a Special Use in the existing R-1 zoning. We feel that the use of this property under a Special Use would give the City the best control over this proposal and we can work with the Hospital Board and the doctors to protect the best interests of all concerned. ' Mr. Harris asked about the availability of city services in this area. � � II � ' � .' � ' ' Planning Commission Meeting - September 26,_1973 Page 6 Mr.. Qureshi said that there would be no problem with the addition of a medical building, but if this entire parcel was to be developed, there may be a ne�d for additional services, and we shouZd ensure that no burden is put on the existing residentiaz area. III 3E Mr. George Johanix, 7566 5th Street N.E., said the cost of the roadways and the skyway should be borne by the group of doctors rather than the North Suburban Hospital Board. Mr. Van Hauer said he agre�d with Mr. Johanix in dollars and cents, but as • he had explainec�, the original proper�y could not be sold to the dactors' group so that anything that was on the original property would have to b� owned:_and main�ained by the North Suburban Hospital _District. Mr. Johanix asked how much the doctors were paying for this ' property. Mr. Van Hauer said they would pay�the same price the North Suburban Hospital District paid for it, plus interest, and any assessments or taxes that have been paid on this property by � �. the Nozth Suburban.Hospital District.prior to the sale of this property. As ther� could be additianal costs before the sale a.s completed, the final cost has not been set. ' Mr. Johanix asked if 76th Avenue would be improved and used . as an acc�ss to this property. Mr. Van Hauer said that to obtain financing for this buiJ.ding, there would have to be two egresses , available to the property, but they have no intent, at this time, to ask fo� the improvement of 76-th Avenue. � Chairman Fitzpatrick said it can be made a stipulation of the 5pecial Use Permit that there will be no access to 76th Avenue or 5th Street. . , , ' � - , � ' Mr. Qureshi said there would have to be a separate_ Ptxb7,ic Hearing before this streei� could be improved. Mr�. Johanix asked the distance from 5th street to the pro- posed parking lot. Mr. Van Hauer said it was about approximately 350 �eet from the edge of the parking lot shown to 5th Street. Mr. Johanix asked about 76th Avenue. Mr. Van Hauer said that would be approximately 365 feet. Mr. Johanix said that at the present time there is no reason to op�n ?6th Avenue. Mr. Qureshi said the onZy one wlio could open this street would be the City. It is not under th�.control of ihe Hospital Board. The reason the City cannot vacate this street is because there are utilities in this street. . Mr. Qureshi said this request has been before the Planning Commission for some �ime and he would hope that they could make some type of recommendation this evening because it is on the Council agenda for October lst and they would like to be able to set a Public Hearing by Council on this request tor October 15th: � ' ' _ III ' . Planning Commisszon Meeting - September 26, 1973 Page 7 3 F ' Chairman Fitzpatrick said he thought the Planning Commission could act on this request this evening, but the only thing that disturb�d hi.m was that they didn't have a legal d�scription of the property in question. Mr. Qur�shi said that if they made their I' recommendation on the three acres between 5th Street and the West property line of Unity Hospital this would narrow it down quite well and be a generous enough descri.ption so they would have enough �, , property for their needs. ' Mr. Eilers said the North edge of the parking 1ot would • extend to th� right-of-way line of_ 76th Avenue in the Northeast I� � corner of the proper-�y. They were providing two parking spaces ' for every Z,000 squ�re foot of building. Mr. Clark saxci there was some confusion on the location of the parking. The answers given for the locatio�i of th� parking lot were ior the parking alr�ady drawn in on the plan. Members of �he audience want to know how far the parking wil.l be fram 5th Street and 76th Avenue ii� the proposed additional parking lot. Mr. Van Hauer said that when the additional par}cing lot is needed and const�ructed, it will s�ill be 125 feet irom 5th Street. Mr. Harris said ther� should be an agreement by the doctors' group to maintain the unused portion o� the three acre tract. Mr. Eilers said the parking lot �aould be laid out so they didn`t have to take out any trees. Mr. Qureshi said if tl�is property was under a Special Use Permit, that any additional buildings, p«rking lots, or any changes made, would have to be braught before the Council for approval. If this property was rezoned to CR-1, then they could put anything on this property that was allowed in that type of zoning. The advantage of a Special Us� is that the City keeps control of this property for the present proposed development or any future development on these three acres. Both the City and the people in the area are better pratected. D10T1-ON by Harris, seconded by Lindblad, that the Planning Commission close the.Public Hearinq on rezoning request, ZOA #73-08, by North Suburban Hospi�al District. Upon a voice vote, a11 voting aye, the motion carried unanimous.Zy. , . . Mr. Harris said he has been in favor of a Special Use in an R-Z area since this request was first made. If we rezoned this proper�y, and after a period of time, under whatever circumstances, ' the doct�ors would want to se11 this building, it would be hard to say what someone else might think is a medical-purpose so they could use thzs building. A 5pecial Use is more restrictive at the present time and will be more restrictive for any future expansion. I feel , , this request can be controlled much better with a Special Use rather than rezoninq. 'I � ' . ' � Planning Commission M�eting - September 26, 1973 Page 8 III 3G ' MOTION by Harxis, seconded by BZair, that the Planning Commission.recommend to the City Council that a Special Use Permit, SY �73-11, be granted on the North 3 acres of the II , eleven acre tract (Pareel 2400) to a11ow construction of inedical office building in an R-1 Distr�ct, per Fridley City Code, Section 45.05I, 3, F, in Iieu of the rezon�ng request, ZOA #73-08, I� � by Noxth Suhurban Hospital District to rezone from R-1 (single family dwelling area) to CR-1 (general office and Iimited business), � the area Sou�th of 76th Avenue N.E., East of 5th Street N.E., North � of 75th �venue N.E., and Wesi of Unity Hospital, because this is _ ' more restrzctive, with tf�e following stipuZations: ' ' , , (1) An agreement laetween the North Suburban Hospital District and the graup of doctors who wi11 o�an the three acre tract, on the maintenance and use of the skywalk, on the use of �he parking lots and driveways, be drawn and re- corded. � (2) The medical of�ice building wi11 not exceed three storias� above grade. . (3) The exterior of the building wi11 conform aesthetically to Unity Hospital and be approved by the City Administra- tion. (4) If an� additional water mains, sewers ox storm sewers , " become necessary, the entire cost be borne by the RTorth Suburban Hospital District and/or the owners of_the medical building. . ' ' , 0 II , , (5) The North Suburban Hosp.z�a1 District negotiate a land trade so a City park can be provided in the 5outhwest corner of their property. (6) Proper signing be provided by the North Suburban Hospital District to direct traffic to �nd from Osborne Road N.E. (7) Complete the 50 feet of buffer along 75th, Lyric, and 5th S�reet which sha11 consist of a berm and plantings to screen the parking Iots from the residential homes. (8) (91 (10) Provide a Iegal description of the three acre tract. No traffic access to 5�h Street or 76th Avenue N.E. No tree removal without City approval. (11) Any iuture parkinq areas be:provided wzth a berm or screening from the adjoining R-1 areas presently occupied by single family homes. III , . Planning Commission Meeting - September 26, Z973 Page 9 3 i� , , � ' ' ' , ' � � , ' , (12) (13) The parking lots to be 125 feet from the 5th Street right-of-way. An agreement that the doctors` group wi11 maintain the unused portion of the three acre tract. (14J The medical building wi11 be limited to occupation and uses as stated in a lett-er from the Unity Medical Center of September 6, 1973 which states that this building sha13 be limited to health pxofessionals which will ' inc�ude, but not limited to, physicians, dentists, oral surgeoils, cZinical psycl�ologists, psychiatric social workexs and allied mentaZ heali:h personnel. Ancillary uses other than of_fice space sha11 be limited to those commercial enterpxises designed to serve ihe doctors and dentists and their personnel and patients. Such anci.Z- lary uses would include things such as a professional pharmacy, an optical company, possibly a card and f1oc,�er shop, and passibly at a later date, a coffee shop. Upon a voice vote, a1.Z voting aye, the motzon carried unanimously. MOTION by Dxigans, seconded by Lindblad, that the Planning Commission urge the CiLy Coul�cil �o ho1.d a Public Hearing on the request by North Sub.urban Hospztal D�strict. Upon a voice vote, aI1 voting aye, the motion carried unanimously. 2. PUBLTC HEARING: CONSIDERATTON OF A REZONING REQUEST, ZOA #�7 3-10 , i3Y DONALD BABINSKT : 1Zezone Lots 1.-6 , 9 and the North 68 feet of Lot ?_0, Block l, Central Avenue Addition from C-2 (gen�ral business areas) ana Lots 10-14, Block 1, Central Avenue Addition, from C-1 (local buszness areas), a11 to be rezoned to M-1 (Iight industz�ial areas), to make zoning consistent with proper�.y Iines, to allow construction of a warehouse; the same being I290 ?3rd Avenue N.E. Mx�. Dick Brama;�partner of Don Babinski, of the Bryant- Franklin Corporation was present to represent the petitioner. MOTION by Drigans, seconded by 131air, �hat the Planning , Co�nmission waive the reading of the Public Hearing notice for rezoning request, ZOA �`73-10, by Donald Babinski. Upon a voice vote,'a11 voting aye, the motion carried unanimously. , � •� � Mr. Clark said the original zoning on the North half of this block was all C-1. Abou� three years ago cae had a request for C-2 zoning on the Northeast corner of this block, along with a request for a Special Use Permit by an oil company for a service station. Both requests were granted. The station was never built. This request is to combine the entire block, Central Avenue Addition, into M-1, a light industrial area. r� ' � � a Planning Commission Meeting - September 26, 1973 Page 10 zzz 3I Mr. Clark said the Bryant-Franklin Corporation currently owns the building South of the property, which is presently occupied by Onan`s. This proposed warehouse will be of similar use. Tt will be a lit�.le bit smaller. Bryan�.-Franklin has already been to the IIoard of Appeals to obtain a front setback of 70 feet instead of 100 feet. iahen they bought this property, they were told that it was all zoned M-1. As I understand it, the steel for this building is already in the state, so they are somewhat rushed. That's why they have already been to the Board of Appeals; they are going to Building Standards September 27th, and the Public Hearing has already been set for Oci:ober 15th by � the City Council. ' Mr. Clark said that frorn the staff's standpoint, we would ,' .favor this all being rezoned for one use. In this particular area, it is better to have it all zoned industrial. ' Mr. Lindblad asked if there was anythinq on this groperty now. Mr. Clark said junk, but no structures. �, Mr. Clark said they were in the process of getting Determan � Welding to get their tanks back on to their property, with some screening. The junk yard5 w�re cooperating in cleaning up their 1 property. This proposal will help clear up a part of Fridley that really needs it. Mr. Fitzpatrick said the staff then does recommend favorable �- action on this request. Mr. Clark said they did. Mr. Brama.said this will be a speculative.building, the � sam� as the one occupied by Onan's. There would be offices in front and the balance of the building will b� general warehouse. Onan's has expressed an interest in renting this building also, ' � but the building wi11 be so cons-tructed so we cari segregate the bays it more than one tenant were to occupy the building. He said the building wi11 be sprinkled. 1 Mr. Harris asked if there were city services . this site. Mr. Clark said there was a large water Central, and sewer Ys also on Central Avenue. ' � � ' ' available at main at old Mr. Drigans said the reason for the necessity of a variance was because �he area across th� street was a different zoning. Mr. Cl�rk said they meet the code for parking, which is 20 feet. The building is closer to the right of way than the code require- ment.� If they moved the building., it would restrict the loading area in the back of the building. l+�fr. Brama said the beautiful part ot having these two buildings compliment one another is because they could share a common drive- way and infringe on each others loading zones. � , , . Planning Commission Meetinq - September 26, 1973� �� Page 11 Mr. Harris said there should be an agreement on the common easement between both buildings. Mr. Clark said if there was only going to be one driveway, there should be driveway easem�nts given also. F�e said this wouldn`t have to be a stipulation of the rezoning, it could be handled at Building Standards. He said the only stipulation should be to provide right of way on the Northern corner for a right hand turn lane at 73rd Avenue at Central, if it has not already been provided. MOTlON by Drig�ns, seconded by Blair, that the Planning Commission close the PubZic Hearing on rezoning request, ZOA �73-10, by Donald Babinski. Upon a voice vote, a11 voting aye, the motion carried unanimously. III 3J MOTION by Tindblad, seconded by .Harris, that the P.Zanninq Commission recommend to the City Council approval of the rezoning request, ZDA #73-I0, by Donald Babinski, to rezone Lots 1-6, 9 and the North 68 feet of Lot 20, BZock 1, Central Avenue Addition, from C-2 (general business areas), and Lots 10-14, BZock 1, Central Avenue Addition, from C-1 (1ocaZ business areas), a11 to be rezoned to 1•1-1 (Zight industrial areas) to make zoning consistent with property Iines, to allow coiistruction of a warehouse, the same being 1290 73rd Avenue N.E. with the stipulation that they provide right of.way on the I�orthern corner of the property for a right hand turn lane at 73rd Avenue at CentraZ, if it has not already been provided. Upon a voice vote, a11 voting aye, the motzon carried unanimously. Mr. Harris said he noted that there was a 30 foot street vacation with a 15 foot easement on the South property line that was already zoned M-l: Mr. Brama said this vacated Brook Street was causing some problems. A bond has been posted that this would be taken care of before closing on this property. ` 3. MEMO FROM PAUL BRO�'dN TO PAR�S & RECREATION COI�IMISSION, DATED SEPTENIBER 14, 1973 , ' ' , � , Mr. Clark said a motion had heen made at the last meeting ta have a meeting on the comprehensive park plan, the flood plain ordinance and a meeting with General Cheeseman on the armory pro- posal. This could be handled at either our reqular meeting of October 3rd or at a special meeting on Oc�ober lOth. We still have only one item on our October 3rd aqenda, and General Cheeseman cannot attend this meeting. He said.he could come October lOth. We can•con�tact his office and see if he can come on October 17th, oux regularly scheduled meeting, and this will eliminate the special meeting. Tf this meets with your.approval, we can nandle as much of these three items as we have time for on October 3rd, and the ba].ance can be heard at the October 17th meeting. Mr. Fitzpatrick said this was satisfactory, so there would be no special meeting on October lOth. He said the memo from Paul IIrown was just informational and no action was required. , 0 � Planning Commission Meeting - Septem�er 26, 1973• Page 12 III . 3 �K ' 4. RECI�IVE P•1INUT�S OI' THE SPECTAL MEETING OF TIiE MOORE LAICE TASK FORCE S'I'UDY GROUP OT JULY 17, 1973, AND THE LETTER i TO J11I�'iES LI�NG�NFELD FRONI JOHN B. LUNDQUIST_DATED JULY 23, 1973 Mr. James Langenfeld, Chairman of the Fridley Environmental Quality Commission was present. �� Chairman Fitzpatrick asked if there had been any decision made on making a study of Moore Lake. � � Mr. Langenfeld said there hadn't been. Anoka County to make a study of 15 Iakes of which Moore Lake is one. will follow the outline in the letter of John Lundquist. will be no cost to Fridley for this study because it will �of the general f;unclof Anoka County. This study will be early 1974 and from th�re we can determine i� we need any studys. is going This study There come out mad.e in additional Mr. Fitzpatrick asked who was going to do this study for Anoka County. Mr. Langenfeld said it would be handl�d through the Anoka Heal�h Depa.rtment and would�probably be done by National Biochemicals. Mr. Langenf�ld said that as a result of this study, if Fridley should decide that additional studiesare needed, Fridley would have to pay for the additional studies. MOTION by B1air, seeonded by Drigans� that fhe P.Zanning Commissiot� receive the minutes of the Special Meeting of the Moore Lake Task Force Study Group of Jul� 17, 1973, and the Zetter to James Langenfeld from John B. Lundquis% d�ted July 23, 1973. Upon a voace vote, aIl voting aye, the motion carried unanimously. Mr. Langenfeld asked if the Planning Commission would like copies of the minut�s of the Environmental Quality Commission. Mr. Fitzpatrick said at the time the Environmental Commission was formcd there was some discussion of making it a Subcommittee of the.Planning Commission, and the Chairman would be a member ot the Planning Commission. They didn't want to hold up the forming of this Commission, so it was formed without the technicalities. This would have some bearing upon wheth�r we receive your minutes or not. You do meet with the Parks & R�creation Commission, which is a Subcommittee of the Planning Commission. , _ Mr. Harris asked Mr. sewer outlets planned for for th� new p1at, Harris Clark if tk�ere were any more storm Moore Lake. Mr. Clark said the one Lake Est�ates, would drain to Moore Lake. , Mr. Harris asked if there was an outlet from Moore Lake. Mr. Clark said there was one to Rice�Creek. , Mr. Clark said the lake does tluctuate quite a bit. There was a weir on the West side of Moore Lake that could be moved closer to the lake. It is quite far away to be efficient. ' ' , . � III Planning Commission Meeting - September 26, 1973 Page 13 3 � , J ' � , �� Mr. Drigans asked how many members there w�re on the Environmental Commission. Mr. Langerifeld said there were six, plus the Chairman. Mr. Langenfeld said the Moore Lake Task Force Study Group would not meei� again unless the citizens that comprised the group asked to meet again. 5. CITY TR�� NURSERY Mr. Harris asked what was happ�ning in regard to the City �� having a tree nursey. Mr. Blair said Paul Brown would be writing a letter on what was being done. Mr. Harris said that this is budget- time, and if money isn't ' appropriated now for the nursery, � then. it wi�ll be pi�t off for another year. � , � � 6. GENFP.AL DISCUSSION A7r. Harris said there should be some stop signs on Rancher's Road and Main Street. r7r. Clark said they would be needed at 77th; 79th and P,1ain, and Rancher's Road and 79th. He said Main Street is being used more and more. He was sure this would be studied. . Mr. Drigans asked about the Metro S�Lation. Mr. Clark said there wasn't much the City could do as long as there was a law suit pending. Mr. Harris brought up.the recodification of the City Code � and that it will eliminate over'night truck parking. General discussion followed on the change in this ordinance. Chairman Fitzpatrick adjourned the meeting at 11:00 P.M. ' Respectfully submitted, � � l��f � �' �ti ��G'�� `Dorothy Ev nson, Secretary ' , . I ' � I' �� , � �� I' ' CITY Or FRIDLEY PLANNING COr1MISSION MEETING CALL TO ORD�R: OCTOBER 3, 1973 PAGE 1 Acting Chairman Harris called the meeting to order at 8:05 P.M. ROLL CALL: Members Present: Harris, Lindblad, Drigans, Blair Members Absent: Fitzpatrick Oi:hers Present: Darrel Clark, Community Development Adm. Jerrold Boardman, Planning Assistant Z. CONTINUED: JOHN DOYLE REqUEST FOR A REAL ESTATE OFFICE: 6305 EI�ST RIVER ROAD III � Mr. John Doyle and Nir. Jeffrey Carson, an attorney �representing Mr. Doyle, caere present. Mr. Carson said he was �epresenting p1r. Doyle and he would loke to present this request in a form of a memorandum which states: "On or about I�4ay 3, 1972, John Doyle (d/b/a/ Leigh Investments, Inc.� presented an ap�lication to the Planning Commission for a rezoning of his property on G3rd Way and East River Road, Fridley, Minnesota, to CR-1 class. This culminated in a denial at the regular Council meeting of June 19, 1972. The feeling was at that time, however, that people living in the area were not opposed to th� requested use, but were opposed to the rezoning. This was so indicated in the minutes of both the Commission and the �ouncil. At the time of �he beforementioned hearinqs, a comprehensive plan was being devel.oped for a number of areas within Fridley, the area in question beirig one of these. Since tliat c3ecision of June 19, 1972, the City Council has adopted, for the area in question, a proposed zoning of "high density". This, to a large extent is due to the fact that the area is in a transitional stage and it �s apparent that the R-1 zoning classi�ication will not be ap- propra.at�. ��rom my discussions with some of the neighbors imm�d- i.ately Surrounding Mr. Doyle's prop�rty, it is apparent that they realize a change is imminent and are anxious for a decision to be made with respect to their property. It was also my impression that these people were not unilaterally opposed to Mr. Doyle's use of his property as a real estate business. The area in question is shown on the attached map. Also, for your information, I have attached a list of those neighbors we were able to ascertain to be within 300 feet of the designated property. With this background in mind, we chose no.t to reapply for a zoning change. Triis, in part, was broughfi. about by the BQard's �� , ' . � Cl � ' � � ' ' � ' ' �� III Planning Commission Meetin� - October 3, 1973 Page 2 4� stxony recommendation that rezoning would not be viewed favorably at this time. Thzs left us the speciaZ use or variance alternatives. Minnesota Statutues 462,357, Subd. 6, seems to eliminate the varianc�: "..The Cour� of Appeals and Adjustments or the governing body as the case may be, may not permit as a variance any use that is not permitted under the ordinance for �n the zone where the effected persons' land is located," On the other hand, the leading case of 2y11ka vs. City of Crystal 167 N.W. 2nd 45; 283 Minn 19b (1969) suqgests that a special use might be in order. There the r2innesota Court indicated that a special use permi� was properly within the discretion of the gavern- i.ng body. They went on to say that �•rhere an ordinance does not specify standards, as is usually the case when final authority to determin�. whether a permit sha11 be granted is retained by the Council, an arbitrary denial may be found by a reviewing court when the use is compatible with the basic use at�thorized within the particular zone and does not en,danger tl�e public health or safety ar the general welfare of the area afi`ected or the community as a whnle. This view is confirmad by Section 45.191 of the Ordinances of the City of Fridley where zt is set out that a reasonable degree of discretion in determining suitability of c�rtain uses is g.iven the City Fathers. Genexally, when passing on a special use permit, the governiizg body looks to the following; health, safety and welfare of the community �ncluding tra�fi.c hazards, land valuations, compatibility of uses a,nd th,e overall character of th� area as it is, and as it is fio be. The comprehansive plan has indicated that East River Road whzch is adjacent to the property in question is a major source of traffic conqestian and danger. Also, the entire area in question was proposed as a high density use rather than R-l. Tt is apparent that AZr. Doyle's proposed use of his property for a small, local real estate office, wi11 not add io the traffic hazard already existing in the area. Like�aise �he health, safety, and general welfare of the community wi11 not be atfected. The operation as he proposes to use it, would certainly be compatible with the existing homes in the area. It is uncertain at this time what effect, if any, there would be on land values. I expect that in the long xange, after a serious rezoning is contempl.ated for the �ntire area, the net effect of land values will be to increase. Foz these reasons we are making application of a special use permit und�r section 45.5, SubsecLion 4, of the Ordinances of the C�.t�� of I'ridley, a copy of which you have before you. It is my beli�i that Subsection 4, entitled "Other Uses"�, may be interpreted to mean, other uses similar to those specifically set out in your ordinance as permitted uses by special use permit. With this in mind, and the realization that the area is in a state of flux, I am asking botli the Planning Commission and tlie City Council to use the reasonable degree of discretion permitted them by State ].aw and to make a determination that a sp�cial use permit be granted to Mr. Doy1e." 1 � ' � � . . rrr Planninq Commission Meetin� - October 3, 1973 Pa e 3 4� Mr. Clark said the Council sent this down ta the Planning Commi,ssion to see i� they could determine how this rec�ues� could be handled within tYie confines of our pres�nt ordinances. At the present tim�, we cannot accept the application of a special use permit. It wi11 be up to the Council and the City Attorney to determine from any recommendaion made by the Planning Commis- sion whether or not we can accepi this application. Mr. Harris said the recommendations made in the Comprehensive Plan are just guidelines. Just because this is considered a chang� ing area, it does not mean that rezoning is imminent. If the �ee owners of -the property want it to stay R-1, it wi�l stay R-l. Mr. Cl.ark asked Mr. Carson if he would explain how he interpreted � Subsection 4 and �•�hy he felt t�1r. Doyle could ap�ly for a special tzse permit under this subsection. Mr. Car�son said this subsection is headed "Othex Uses" and says "E'or other uses, other than dwelling � units, permitted uses and uses requiring a sp�cial use permit," �.ndicating or suggesting that oth�r uses other than those listed for a special use permit could be allowed, othertaise, why this , . Section on other us�s. T am not presenting this as an argument, only as a rationale to allow.my client to apply for a special use �ermit, jActi.ng Chai,rman Harris said tiiat under Section 45.052, Paragraph 2, under "Uses �hcluded" it states "Any use not speciiically per- � mitted in the preceeding paragraphs o� this section." He asked � Mr. Carson how he interpreted this statement. Mr. Carson said he inter��reted thzs as not excZuding what they proposed under "Other Uses". In otner wards, otYier uses are permitted, similar to those � tha� are permitted. 7n the new code Section 45.19 the purpose of a special use permit .zs to provide the1Cityaofs that Fzzal.ey a reasonable degree of discr�tion in deter_mining the suit- ability of certain types of uses etc. Tha�`s what we're asking:is � that the City af Fridley exercise that reasonable degree of dis- cretion to allow this request to be handled as a special use. � Mr. C1ark said lie didn't want to give his interpretation of Subsec�ion 4 but he taould like to give the Planning Commission some- thing tor thought. It depends upon how you pause wl�en you read ' this paxagraph. T believe that this subsection means that when you are considering a special use permit for the reasons enumerated i.n this s�ction, that then the requiremen� for setbacks, buildings, � , parking, landscaping, scr�eninc� and ex•terior materials shall be at least cotnparable to similar uses in other districts. In other words, for otller uses, other than dwelling units, perriitted uses and uses requiring a special use permit, the requirements cllange, 1 and they have to go to the section of th� code wliere these things are all,owed without a specia�. us�, and use those requirements. , ' Mx'. Carson said tl�at refers to otlier sections of the Zoning Code and that is wllat he has done also. Mr. Clark said that in other sections of tlle code, it does have t}ie statement that other retail or wholesale sale or servi.ce uses whzch are similar in cliaracter to � those eilumerated ak�ove, will not be .dangerous or otY:erwise detri- ' • � � � Planning Commission Meetinq - October 3, 1973 Page 4 mental to persons residing or working in the vicinity thereof, or to t:ie public welfare, and will not impair the use, enjoy- ment or value of any property, but nat including any uses ex- cluded herei:�af ter. In oth�r words, in the C-1 section of the code, for instance, if it says a creamery can be allowed with a special use permit, then an ice cream making plant could be allowed because this is similar in nature. This is not what Subsection 4 says. �1r. Clark said that if the Planning Comrtission was favorable to this request, they could recommend to the Council that this be allowed under a special use as ihe ordinance reads if tiiey agree with Mr. Carson's interpreta.tion, or else recommend that the code be changed to allow a real estate office S.n the us�s enumerated under the Special Use section. Mr. Carson said he believed the Council felt that changing the code was tiie ?east desirable recommendation. Mr. Drigans said he questianed the statement in the second � paragzph o� the memorandum where it states that in your discussion with the nei_g;�bors, it is apparent that they realize a change is � .. immi.nent and are anxious �or a decision �o be made wit11 respect � to theix property. He asked Mr. Carsan if he could elaborate on ttla� stai:ement. � Mr. Carson said the neighbors are under the impression that rezoning is imminent. They have ex��-essed frustration because t�ley would like to . ki�aw �ahat is going to happen in this area. He . said he thought his was up to the Council to decide. NIr. Drigans ' said he thought tnis was up to the fee owners of the �roperty. Mr. Clark said thai� according to the ordinance the City can start the rezoning process, but the property owners can come back to ' the City if they feel they are being hurt financially by the change. He said that the City institutes a zoning change very �seldom. � -� �� II � III 4C Mr. Harris said his feelings were that according to the 5th amendment to the Constitution that people have the right to life, liberty and property, t::rough due process. He said he wasn't an attorney, but T think if rezoning was iniated by the City where I live, and it was zoried R-1 and I wanted to continue to live there, I think we'd all be up seeing the judge in Anoka County. Mr. Carsan said he thought Mr. Iiarris was riqht, but on this ,particular area, they have the railroad on one side, and improvement of East River Road to handle more traffic flow, and they are hold- ing up tile improvemen� of some of the stree�s in th� area until they determin� whetlier this area is going to retain its character. Mr. Harris said a comprehensive street plan was developed about five years ago. The City is going tllrough tlie City section, by •section, until all the streets are improved as to curbs, gutters, sewers and storm sewers. As tlzis area was paved in 1956, it has a low priority in relation to ar�as that have no improvement. � ' � � i Planning Commission Meetinq - October 3, 1973 Page 5 Mr. Drigans sai.d that Mr. Doyle came in a year ago for re- zoning so he could operate a real estate office, and this was denied. S would like to know the status of this business at the present time. Mr. Clark said he was there about three weeks ago, and there was a woman there to answer the phone arid it was not being used as a residence. Mr. Doyle said he had �to start using this house because he had to move fx�om his tormer of�ice in July. Tie wr�te a letter � to the Council dated August 13, 1973 requesting that he be able to use this xesidence for his business while they studied how this could be allowed in an R-1 area. Mr. Carson said the Council � •gave Mr. Doyle this permission, while they were exploring if this could be allo�•,�ed with a variance or under a special use. � � � � �� III 4D t�4r. Blair asked I��r. Doyle if he was going to make any ir,�prove- ments to this propE�rty. Mr. Doyle said the improvements he i?�te��?s tQ make woulu re�:u.ire no per�nits . He intends to paint, make some repairs and do some landscaping. • � � Mr. Doyle said he knew that ii he lived in the home, his real estat� business would be a legal home occupation. But the house is too small for his family and he would be forced to greatly expand the dwc:lling, This would constitute a large investment and would be very.burdensome. Mr. John Othoudt, 20 63rd tiaay N.E., said he can see how the City is growing. With the completion of the railroad development, I look for more industry to come into this area, because of the access to both the railaroad and to E.ast River Road. � Mrs. Gerald Gerber, 6275 East River Road, said she liked her home and it took a long time to get it the way it now is. She said she knew it was not the most desirable location but she was used to it and she likes the area. Slle said if any rezoning was � going to occur, it should be for the entire area and not just one stxeet. She said she always ielt this area would stay R-1, even with the railroad so close and never thought she would have a busi- � ness next door. She said as far as Mr. Doyle's proposal was con- cerned, she would rather have a neighbor-businss than a business- business next door. � ' � �J � �� I� u Mr. Loren Wolle, 33 63rd Way N.E., said he would be next door to tllis business. He said this was a secluded n�ighborhood. They are off by themselves, and that's the ti�ay he likes it. He said he had nothing personal against Mr. Doyle�, but he didn't want a business next door. FIe asked if this area has�been set aside for rezoning by the comprehensive plan. Acting Chairman Harris said this is one of the areas studied in the comprehens�ve plan but tlle comprellensive plan is not a hard and fast fact. The peoplc in the area are the ones to say what will go.into the area. Mr. Clark said that before the City could rezone this azea, they would have to prove that t�lis was �for tlle � � � � � � � , II ' ' s � III Planninq Commission Meetinq - October 3, 1973 Page 6 4 E betterment of the whole City before they could ask for condemnation proceedings. Mr. Boardman said studies were made of areas that seemed to be changing areas. Guidelines were set up, but spot rezoning was not good in any area. AZr. Doyle said he would like the opportunity to use this property and he will upgrade and enhance this property. I would like to use this property under a special use until we know what is going to happen in this area. Mr. Harris asked that if this special use was granted, and Mr. Doyl� moved out of this property, if another real estate company �could corne in and use the property for the same use, under the same special use? r1r. Carson said he thought they would have to :re-al�P1Y• P�ir. Clark said �hat if it cvas the same small type of c�peration, he thought the special use would sti11 be in effect. Mr. Wo11e said if this special use could continue after Mr. I).oyle left the property, he would definitely be against it. He t.hought,�it should revert back to R�l, with no special use. Mr. Drigans said that on Mr. Doyle's application for a special use permit, he was asking for par}cing for 10 cars and a 48 square foot lighted sign allowed under CR-1 zoning in the sign ordinance. H�° thought this sign should not be on this application. We have a separate sign ordinance. Mr. Doyle said a more practical request would probably be to have parking for only five cars. I have the room to provide more spaces, but my concern i5 not to have the street full of cars because of this request. I would like to have the sign to announce my presence in the area, a lighted sign that is 48 squar� feet, according to the CR-1 regulations, out along East River Road. Mr. Lindblad asked Mr. Doyle wYiy he wan�. to u�iliz� this propezty for an office when there are commercial areas, like Ho�ly Center for instance, where you could have a real estate o£fice taa�thout a].1 these problems. Mr. Doyle said that different real estate companies, such as Ca:l,houn, Edina, Be11 and one or two others, have had offices in Moon Plaza and they have all left in about a year. You do not �get: the �r.a�fic�needed for a real esta'te office in that location. �jJtl�tt z wan�� to do is expose my business to traffic. I have done my own tra��ic count, and there are about 600 veizicles an.hour qoi.ng past this property I have on East River Road. He said his land covers a large area, almost 3/4 of an acre.� It has a lot o� trees on the property and does provide privacy for the neighbors. This, coupled with the fact that analyzing this from my point of view, that if this area isn't changing now, it will be changing. Mr. Drigans asked oil stations that have are difficult to heat, havE� high rent. him why he didn'i� try to ren� some of these gone out of business? Mr. Doyle said ttiey would require a lot of refurbishing and would � � Planning Conunission P�Ieeti:n.g .- October 3, 1973 pa � � Mr. Ron Steckman, 58 Rice Creek Way, said he �was YierE as an interested citizen. He said he is a salesman that operates from his home and he was in favor of :�ir. Doyle's real �state office being allocaed. He thinks Mr. Doyle will be upgrading the property. He said if he wanted to put up a sign with his name on it on his own property, he wouldn't want the Council to tell him he cou].dn't. Mrs. Gerber said she didn't think a 4`x8` sign was going to upgxade the neig}�borhood. Mr. Harris asked I�Tr, Steckman if he had his business in his oc•3n home. A�r. Steckman said he did. Mr. Harris said that was the di£ference. Mr. �oyle does not live in this home. Mr. James Langenfeld, 79 63%ZLaay N.E., said he could see more �roblems �or the City if Mr. Doyle was allowed to operate a real estate ofiice in an R-1 area. l�ir. Drigans said we can get problems if �ae deny this, also. There are a lot of home businesses that don't quite meet the ordinance requirements. � Mr. Langen�eld said -that Mr. Doyle seems like an intelligent busii�ess rrlan so he t�lought it was strange that he found himself in this predicarnent. Mr. Doyle said his request was similar to requests made in other corrununities. There, rezoning to CR-1, was allowed because it had the least impact on a residential area. Mr. Clark said he didn't think the City could handle this �request without.a change in the ordinance. Mr. Iiarris asked P1r. Doyle if he had had any meetings with the neighbors on this request. Mr. Doyle said he had and he still �e1t the neighbors �aere not opposed to his request to have a real �estate office. There were concerned about what changes would be :made in this area. Fie said they talked about having a meeting with someone who could tell them what plans were being considered, as long as the City felt this was a changing area. Mr. t�Voile said that was why he was opposed to this request. �nce you Iet something commercial into the area, it could snowball, ,and the area would change. .' :• Acting Cliairman Harris said that although this cvas not a Public � :Hearing, h.e would like to close the discussion so the members of the Planning Conunission could discuss this t reques . 1 Mr. Blair said he was in favor of this request being handl�d under a sp�cial use, with stipulations. He said he has seen this ;�roperty aizd l�e believed it would meet the CR-1 requirements for � ;buffer zones, it is large enough, and on the North side there is ;screening. He said he thought the parking should be limited to five cars. He said the only other s�ipulations he could think of ,at this time is �hat there be no storage o£ materials on this lot, � ��r improvements to the other lots. I think the sign ordinance �wi11 take care o� tiZe sign. j III 4F � � � � � � Planning Comznission Meeting - October 3, 1973 Page 8 Mr. Clark said the size of the sign could be restricted as �a stipulat�ion also. Mr. Boardman said that in reading the ordinan�e, th� sign �would be governed by the zone that it is in. If he wants a sign that is Iarger than what is a11a�-ved in an R-1 district, he would :have to go to the Board of Ilppeal_s for a variance . He said he �.idn't see hoca a special use on a structure can follow thr�ugh �n i:he sign . Mr. Lindblad said he was op��osed to this request. He said :moze of_ the neighbors ��re agaiilsi� this r.equest than were for it. He said NIr. Doyle �,�as nai� living in th� house and �,•ae would be spot rezoniiig �aith a different name. You`ve got parJ:ing, traffic and a sign. Xou've got a business. I have �o consider if I would �want this in my neighborhood or not, and I wouldn't. I feel one neighborhood is as gooci as another, so the neighbors have to be considered in this request. � - Mz. Blai.r said he fe1� the n��_ghbors w�ren't objecting io the use of the prop�rty, just tl�e rezoning. , Mr. Lindblad said if anymore requests come from this area, �or use dif�erent from R-1, then he thinks the area should be rezoned, but it was up to the resid�nts of this area. i � LJ , � � , l ( , � Mr. Drigans said Nr. Doy1e ��aas in business to make money and to do this he ti�ould ha�re to be successful. Anoka is a good area �ox' xeal estate, so i,� h�. is success�ul, his business will qrow and expand. He boughi. this house� not to live in, and to operate a bus�,ness. � have to agr�e with Mr. Lindblad, in that you can call �,t what Xou want, but he is xequestzng to o�erate a business in an R�l area. I feel. if we recommend a special use, we're telling not only real estate people and other sales people, that they have a rigtit to speculate and buy a small house so they can open up some type of small business, I think it is obvious that people in this area wouldn't object to.having a neighbor in the real estate business,��but I consider this a business, and n�t a neighbor, Mr. B2air said what do we do about illegal home occupations. He said he knew there were people employing outside help for their. home businesses. He said I�Ir. Doyle was honest in his request, and we are turning him down. Mr. Clark said if these illegal home occupations were brought to the attention of the City, the City could investigate and regulate them. Mr. Clark said the special use some of the lots in Fridley border are zoned R-1. When a request is permit was designed because on commercial, even if. they made, we look at the pros and xrr 4G � � Planninq Commission Meeting - October 3, 1973 Page 9 cons of the request. The question here is whether you want real estate offices to be considered in R-1 zoning. Mr. Clark said that he could not interpret the present ordinance so that real estate offices can be under a special use p�rmit in R-1. Tf you want to consider this use under a special use, then Z think lawyers offices should be considered also, because i� you thin}c real estate offices can be considered under a special use, th�n lawyers offices are the only thing left ou� that are considered in CR-1. I= �N Mr. Clarlc said thexe ar� thr_ee things the Planning Commission can reco�runend to Counci�.. You can deny the rEquest, you can recommend that the ordinG.nce be changed to allow real estate offices •.in an R-1 area, or interpret the code the way P•7r. Carson does, and say that thi.s is allowed under ouz- present zoning ordinance. Mr. Harra_s said Mr. Doyle's request has precipated this, � what we recommend will not affect �'�r. Doy1e directly. Tn�e would not be recon�ncndi.ng that a sp�cial use be granted to Mr. Doyle. That would still have to be a separ.ate Public Iiearing. We hav� � to consider �•�he-ther we want to recommend tha-l-. real estate offices can be under special use or if it can be allowed under Subsection 4. Mr. Lindblad said we have these uses under our present CR-1 zoning. Mr. Clark said that one thing to consider was that a special use p�rmzt is more restrictive than CR-].. zoning. Mr. Harris said a special use permit is like a contract het�aeen the City and the app;_icant. Mr. Drigans said it we put..too many restrictions on � request, we might be infrinqing on Mr. Doyle's right to Mr. Clark said if_ Mr. Doyl.e agrees to the restrictions, is content with the stipulations. � I , I this do business. then he Mr. Drigans said �ae do have a zone for real estate offices. When Mr. Doyle asked for rezoning, it was denied, b�cause the people didn't want a real estate office in their neighborhood. Mr. Carson said that what you are saying is that the zoning code is the zoninc� code. 6ae think this is a changing area and the zoning classification could chanre. This use will not be in- compatible with the area. You are granted discretion in ini.er- preting the code. � � Mr. Blair said he fihinks there:are other R-1 lots in Fridley that border on CR-1 uses in that ther� are buffer zones and they meeL- the required screen�.ng requirements. Mr. Drigans have to concl.ude estate th�:t could � said if there are lots like these, then I would that there are other business other than real ga on these lots. • ' Planning Comm��ssion Meeting - Octcber 3, 1973 Page 10 I�I 4I � � � Mr. Harris asked Mr. Clark how.many lots th�re were like this in Fridley. Mr. Clark said that any lots that are on a main arterial street would be in about the same situation. Mr. LindLlad said the purpos� o� the various Boards and the Council �•�as to study each individual case and try to determine what was the best decision. As to this request, I have to take into consideration the objection of the neighbors. They bought in an R-1 ar.ea and have stated they want the area to stay R-1. � Mr. Clark said this is the reason for a special use. The neighbors did object to rezoning, but �aith a special use, the . property will remain R-l. • � � ' i � , r Acting C}zairman Harris asked i�f �the other members of the Planning Conulu_ssion felt this request could be handled under Subsection �. Mr. B1air said he felt that this could be handled this way, witl-c special r_estric-tioi�s as to the buffer zones, etc. Mr. Drigans said his interpretation of the code is that we have a special section for real estate businesses. We can make a case for any type of office or similar occupations of selling, in Subsection 4, If that be the case, then T think �ae should recommend to�Council a consideration of changing the code to grant special uses to those lots that the Council feels are buffer areas between two zones and not limit it.to real estate office but far additional uses. �. Mr. Lindblad said he sti11 feels that each request is an individual case. 1 think the usE are defined quite well for each zoning district. Mr. Harris asked if we should de�ine what should be allowed with a special use permit as to other uses. Mr. Drigans said that if we do, some on� will come in with a request that is not specifi� cally m�ntioned. � Mr. Harris said he believes, like Mr. Lindblad, that ii' we were to follow the Zor.ing Codes to the letter, it would not be necessary to have a Board or a Council ta decide these things. ' He said tllat in areas t�hat are zoned 'commerciai or industrial, ' we don't liave to be so strict on what goes into these areas. When you get to R-3 and R-2, you'ie st'ar.ting to talk�about where people live and by the time you get to R-1 zoning, you are taking about , a man's home and I believe a man's llome is his castle. If the neighbors are �ailling to give up their rig�its of privacy, then � I could go along with this request. He said he feels that there . , should be a change in the code, to expand the uses allowed with a special use permit in Section I', of the R-1 Zoning Code. I think ,Subsection 4 is ambiquous and should be chang�d. I think the 'other uses' should be struck from this paragrap}i so that someone I �aon't use this paragrph to construe other uses, to other uses •than the ones listed. - ' � - • III Planning Commission Meeting - October 3, 1973 Page 11 � J � � � Mr. Clark said if you ar.e going to add otl-.er uses to Section F, under sp�cial use, you should include lawyers, rea]. estate, medical and dental. Mr. Clark said that if Mr. Doyle was worried about the time element in changing the code, that this would take no longer than meeting the requir�ments of applying for a special use permit. . 1�IOTION by Drigzns, seconded by B1air, that the Planning ' Commzssion recommend to Council �o consider amending the Zoning , Code to a11ow reaZ estate offices and law�ers office to be added to a use allowed wit1�. a Special Use Permit in R-1, Section � 45.051, Paragraph 3, F, to R-2, Section �5.�061, Paragraph 3, F, � and to R-3, Section 45.071, Paraqraph 3, H, and to add to the same three Zonin_q Districts the statement: A.ZI uses which are similar in character to those enumerated ahove, cai11 not be dangerous or � otherwise detrimental to persons residing in the area thereof, or. to the public rrelfaxe, a��d wi11 r�ot irnpair_ the use, enjoyment or value of any property, but not including any. uses excluded ,� � here.ina'fter. Upon a voice vote, aZ1 voting a�e, the motion carried unanimously. • � , , � MoLion by B1air to amend the motion, seconded b� Lindblad, fihat the Planning Commission also recommend to Cauncil that Subsection 4,, entitled OTHER USES in the Zoning Districts of R-1, R-2, and R-3, is ambiguous and very vague. This should be rewri t ten so tPia t i t i s defini te tha t i t pertains to uses whi cfi are specifically stated as a1lo�oed under a special. use permit. iJpon a voice vote on the amended motion, a11 voting aye, the amended motior. pass�d unanimousZy. 2. COI�ZPREH�NSIVE PARK PLAN Mr. Jerrold Boardman, Planning Assistant, made thE: presentation. D�r: Boardman said the main reason for developing a park plan , . was that previous to this, all we have had is inventaries of what we had on the plan ,and no direci��.on per se, as to where property is needed and what type of �acilit�:� was needed. , � , This comprehensive park plan is a gui.deline to direct tlie Parks & Recreation Commission and also the Council in setting up prioriti_es, as to �,rhich areas need parks and where they should try to acquire land for this use..� . At present we have 430 acres of park property and 100 acres of school property that could be used for recreational purposcs. The goals �hat recreation should accomplish are: (l) physical , Yiealth, (2) mental healtlz, (3) the social adjustment of the individ- ual, and (4) intellectual and aesthetic expression. � � The way to accomplish these c�oals are through the objections of the parks and recreation plan. These objectives are an imple- , _ � III Planning Commission Meeting - October 3, 1973 � Page 12 4� mentaion of the plan and an attempt to realize the goals of recreation. In order to realize these goals you have to have a guideline which you plan to follow. These guidelines are the meat of the entire comprehansive park plan. It sets up prcvisions for the amount of �ark land per inhabitant, the amount per inhabitant by neigrborhood and the amount of open space.that should be provided to serve an entire area. In doing this we uses st�:ndards f_rom the Department of Natural Resourses and from other States. The Metropolitan Council is in the process of setting up different studies to accomplish difternt goals in the Metropolitan area, but they haven't . set anything up as yet. We set: up four general guidelines and in addition, the parY. sizes, the ��opulation they should serve, and the activities these park facilities should generate. In settizzg up parks we have mini-parks, neighborhood parks, City wide parks, regional parks, linear parks and special use parks. The s�rvice area for a mini-park is 1/4 mile and these ar.e childrens parks for children 0 to 5 years old, �aho are classified as irimol��_1e. The nea.ghborhood park area is 1/2 mile and is accessibZe by a mor� mobile group of 6 to 15 years old. The other four types of parks are For act.ive or more mobile type use. The other. guidelines ��ae have set up to achieve the objectives of the plan ar.e: (1) safety, (2.) access, (3) light�_ng, (4) indoor facilities, (5) school facilities, and (G) activities. We felt this was th� best guideline we coul.d set up for priorities. We came up with the:e goals and guidelines by basing them on an inventary and analysis which we have done ar:d we have come to cert�.in conclusions, on which the plan is based. . , The basic things we covered were that we took a look at all ou�' park facilities and wher� they were located, plus our school facilities. We looked at the population charac�eristics through- out t.he�entire City. We'determined where the 6 to 15 year old � group oaas thc� predominEnt 5rap and where the 0 to � year old group was predominent. We�broke this down into group percentages for these areas,�which will be used by the Par}. Departmerzt. These � group percentages of the dif�ereni� populations in different areas can be used when each park is studied separately. We can determine where we need park facilities, and when this park is being planned, 1 • • we can look at this study and see who will be the users of the park, to detmine what is needed for that park. We used the comprehensive plan changes to project the pop- ulation in differn� areas, which gives us some�knowledge of �what is going to happen in a given area, how much park tacility is going to be needed, and what type of park facility caill be :needec':. �� I � � Plannina Commission Meetinq - October 3, 1973 III — PaQe 13 � L In Cpming up with our planning implications, we felt that any part.of the parks and recreation plan depends upon access. What a circulation system does is that it not only serves as a recreation use, but joins our schools, our commercial areas, and other population centers, so we can have pedestrian and bicycle access tr.rought the entire City. With this, we have set up a trail system that we feel will serve the City to tie our school properties, park facilities, our neighborhoods and commercial cen�ers together. This trail system will join a Metropolitan-wide trail system, as we�l as providing an interiotzs.. system. �. � In looking at our population,' pxesent and future, and the population characteristics of the rieighborhoods, present land available and the barriers in the City, and comparing them to the quide.lines, we came up with certain planned proposals. Mr. Boardman asked the Planning Commission to look at the maps included in the plan. He said P•Zap A shows the residential neighborhoods broken down by neighboxhoods by barriers. Chart No. I shows presnt� popula-�ion, the projected population, the existing rec.reational area, what is recommendecl at present and what wi11 be recommended in the future. These are three actual factors that determine whether a neiqhborhood actually needs more acreage or not. One is that there are enough existing park acre- agc, but it is poorly located. The second is, that although they are in the servi_ce radius, because of cer�ain barriers, the neighborhood miqht not be served. The third is �hat there is not enough park land ir, a neighborhood. Map � shows the mini- par service area and Map C shows the neighbarhood park service arez. Map D shows bike rout�s and walkways. We feel that circulation is very necessary to a City, not only automobile circulation, but pedestrian circulation is necessary. We do have a present problem with the inr.reased use of� bicycles. There is a safety problem with both pedestrians and bicycles k:�ecause we don't have many sidewalks in the City. Something else that should be considered in this discussion is your off-the-road vehicles such as snowmobiles, motor c��cles and mini-bik�s. These cause problems tnat can't be overlooked. By putting together our infor�nation and guidelines,.we have set up a cost analysis of the trail system. h�ost of the trails that would be c�evelop�d here would be developed by using the existing streets. Most of the streets are wide enough to eliminate a parking lane, and striped. In some cases where we have limited space, we cauld restrict one side for bicycles and one side for pedest,rians. We would have about 27_ miles of streets we could use and the cost would come out to abaut $140 per block. In the open areas, it would cost about $15,000 per mile. Each year that this isn't developed we can add 8� to the total cost. As far as funding is concerned, most of the Federal funding is going into tr,e � , . Planning Commission Meeting - October 3, 1973 Page 14 study phase. It would probably be four or five years before � there will be any funds available from HUD. Anoka County is very inter�sted in this trail system and t�ere is a good chance tr�at there could be somc cost sharing with Anoka County. With this an�,lysis, we also broke down each neighborhood and gave a recommendation for each neighborhood. Mr. Drigai:s asked if this bike trail would be accessible to each neighhorhood park. Mr. Boardman said it would. Mr. Drigans asked how they arrived at the cost figure of $140 per block for these trails? Mr. Boradman said these figures include curb cuts and at :major intersections we might have to have b�cycle lanes with �curbing, as a safety factor. We will have to have regulated :bike lanes at busy intersection. III �i �'� Mr, iiarris asked how much roam would be taken from the street for the trail �ystem. P•�r. Boardrnan said it would be about eight feet. Where we have room, �ae would take one parking lane. We ��an use street right-- of-��ay if we have to . Mr. Clark said that on a street like Mississippi where there ;are side�aalks, it wou.ld be �:ossible to limit one side for bicyles ,and one side for pedestrians. Mr. Linc?blad 1Kr. Boardman sai_d ��f the street. He traffic lanes. asked what they would do on residential streets. that parking would be restricted to one side said we have to pravide pedestzian and bicycle Mr. Harris said the �_rgument you`re going to get is that in ]Kinneapolis there is an ordinance that bicycles stay on the street and the sidewalks are for pedestrians, and if its good enough for riinneapolis, its good enough for Fridley. Mr. Boardman said bicycles are a big recreational use at ithe present time. 'Chi_ldren ride them to school. The question :is what will you spend to ensure children's safety. How do you control a bicycle? � D�. Drigans said ttiere has been a study made on accidents taith a recreati.onal vehicle and th� study said that there were more people injured from bicycles than any other recreational ��ehicle. � , ., � Mr. Clark said that what this plan is proposing is that the bicycle is the coming thing, and if you hav� a car parked on the :�treet, and the bicycle rider has to go around this car, there <�ould be someone injured. If the City feels it doesn't want ito supply bicycle paths , that's fine too I guess, but if people are r:oing to ride bicycles, there should be a �afe means for them i�o get trom one place to another. ' � � I� . . IIT Planning Commission Meeting - October 3, 1973 Page 15 4� Mr. Drigans asked if there were any plans for any additional sidewalks�in the City. Mr. Bo«rdman said we are talking about bicycle and pedestrian routes ar:d the pedestrian routes should be on sidewalks. Mr. Harris sai� he knew there were a lot of people in his � own neighborhood who liked to walk for recreation. He said there is always some danger of walking in the streets, but in the Cainter when the str�ets ��ere icy and there were high snow banks it would be extremely danc�erous. He said he agreed that there � � should be some provisi.on made so that pedestrians didn't have to walk on the streets. � � Mr. Boardman said that according to the plan, anyone should be ab)_e to g�t on this trail system and be able to walk to any part of the sysi�em. The�- will be able to walk to any park. Mr. Harris asked how they would get past the major barriers? Mr. Boardman said there are various ways this could be handled, either�with cont�olled crossings, or if the barrier �vas wide enougYi, with an averpass, and other means. Mr. Drigans said he would like ta get into the areas of � recreation as specified on page two, where you talk about the goals of recreation and you do call this a comprehensive park and recreation plan. Yet, in reading through this plan, I find very 1 . little where you talk about the recreational programs that you have planned. In your goals, you talk about providii�g physical activities, providinq a diversity of recreational opportunities � for all ages, but yet you don't specify what these programs are. I wou�d think that this plan is lackiriq in what type of recreational activities our community provides or will provide, in such a plan � as this. You talk about the parks and how they should be accessible '' , to our citizens and what the age groups are, yet you don't go into any type of recreational program. It doesn't say what the summer program is or_ what the qoals of the summer program are, for instance. , I think there are many, m�ny programs that the City offers that should be included in this plan, and what the goals of these programs are. � � � � � i� Mr. Boardman said the goals of these programs follow closely the goals of recr�ation. As far as individual programs are con- ��erned; I don:t think in this plan that we can determine if the ;�rograms �hat present.ly exist, are programs that necessarily meet �the goals or guidelines or objectives of the park plan. Mr. Drigans asked cahy this couldn't be determined? This plan :is talking about sp�cific goals of recreation and talking about what ,these goals should provide, and yet you don't go into any details �as to what these recreational activities are. Mr. Blair said the park programs are constantly changing. I don't think there is any way you could spell out the programs and what the goals wauld be. In the plan, there,is an analysis of wlZat is in the parks, which I thi.nk.covers recreation. There is anot)ler part of_ the�plan where it talks about �he different siz� parks and [� I� Planning Commission Meeting - October 3, 1973 Page 16 � , what they provide. T think this is all recreation. Mr. Boardman said that if the existing programs were part of this plan, you urould lose the purpose of the quidelin�s. What �ae are trying to set up is some type of guideline that wi11 let us pr.ovide space for recreational facilities. We do have programs and activiti�s that fit ir.. with our major goals, but as to the p1_an itself, �or providing space, for providing diversity ancl a circulation system, these are recreational purposes. We provide lots of activities, lots of facilities in our parks. �ti�e would have to survey each �r.ea to see if the facilities provid�d are used, or what other facilities that area might want. , III �-� � , Mr. Clark said that what this plan provides is space so the recreation car� happen. If you w�re going to go into individual programs for each �ark,you can take Commons Parlc, for instance, � : and say that there.are tennis courts, baseball diamonds, football fields�, etc . Mr. Drigans said you are calling this a park and rECreation plan, and I think it is just half a p1an, a park plan. I think you should include what kind of recreati.onal activities are avail- able for the different age groups. Mr. Boardrnan sai_d the goals o� recreation are the general goals of what recreation should accomplish. Mr. Drigans asked what the budg�t was of the Parks and Recr�ation Department? Mr. Blair sa.id the total.budget �•aas around $435,000. Mr. Drigans said"a portion of that was used for parks, another portion is used for running some type of program. I am saying that you �re providing a program, so why not say what you are providing. Mr, Blair said as far as he was concerned, the plan should show recreational areas and not programs. Mr. Driqans said then you are talking about a park plan and not a recreational plan. Mr. Boardman said w� cannat provide a recreational facility plan at this time. He said we are fulfilling the recreational goals by providing the space for recreation. This is as far as we can go. In order to get a more detailed study ot �ahat should go into individual areas would require more funding. Mr. Drigans said you are already providing in this plan where the parks are and what is going to be n�eded and hoca many people will use them. I think it should be pu�. into the plan the current uses we are making of the parks now. Mr. Boardntan said this could be added in survey and analysis. � ` � � Plannin Commission Meeting - October 3, 1973 Page 17 g I� Mr. Drigans said that if just the flyer.s that the Park Department prepares were added to this p1an, this would show ' �what we now provide. � ' � � � Mr. Clark said we can find out how many people participated in each park program. Mr. Blair said he felt that program analysis wouldn't add to this plan. III 4P Mr. Boardman said if we look �:t our school�system, we can see that schools ��ere not always located in the right places. It is the same thing with parks. We might be providing facilities that aren`t being used, wlzere another facility would serve the " ar�a better. That is why T feel that showing the facilities we ha�=e now would only be an inventory of what is available and cauldn't be carried through into the future planning or plan recommendations. Mr. Lindblad asked if an area needs a park, do they take into consideration what the land �vill`coa� to provide this facility. Mr. Boardman said this plan will set up guidelines and � prioriti�s so the Park Department and Council know where they should purchase or get by acquisitian, the park land to fit the . needs of the City. Mr. Blair said if the facilit�y is really needed, the City pays what it has to, to get the property. Mr. Lindblad asked if they have a plan for access to the river �or boating? Mr. Boardman said this would have to be under speciai recreational faciliti�s. � Mr. Harris said tliat under guide�ine number 4, it says that 10°s of the land area of a new residential development be used for recre�.tional purposes. Mr. Boardman said this is in our code now, either l0o in land use or l0o in money. Mr. Clark said the old rate was 50. Mr. Harris asked how much money the City had got at the old rate, for instance, in the A1 Rose Addition. Mr. Clark said it was $15.per 1ot. The new rate is $150.00 per lot. Mr. Harris asked how the school.s are tied to this plan. Mr. Boardman said they have shown scht�ol areas that�are available for use �or recr�ation. Nir.. Harris said the reason he brought this up was because it would s�em ridiculous to him to have school property sit�ting idle if there were no park facilities in the area. Mr. Harris asked if the Island of Peace was tied into the Park Plan. Mr. Boardman said this would be a special use park. Mr. Harris said he thought this was a good plan. R � ' , - ' ' , ' � ' , � _ � ' ��I ' � � � � Planning Commission Meeting - October 3, 1973 Page 18 Mr. Harris asked if there was any provision for screening a baseball diamond in a mini-parY.. Jerrold Boardman.said they wouldn't put a baseball diamond in that small a park. Tizey would go in a neighborhood park where th�re is nioze space. Mr. Harris asked about recreational vehicles in the plan. Mr.�Boardman said we did touch on this in inventory and analysis and in the circulation pro�osal. Mr. Blair said this was har_d to put in the plan because this proposal was being considered by the City Council. . Mr_. Boardman said if they could provide space for mini-bikes it would be a special use park, but there is no area in the City large enough for this type of park. III 4Q Mz. Lindblad as}:ed about the funding for the trail system. Mr. Boardman said there was a State agency studying the bicycle usaqe and by 1974 there is supposed to be State guidelines established for the Metropolitan area. This is a long range program and coizld take up to 20 years to implement. We s�t up the trail system but we didn't set up any priorities. We left.this to the Parks & Recreat.ioiz Commission. There are certain areas that definitely need a pedestrian passageway. Mr. Harris said that when a walkway serves recreational uses and the school system, he thought there should be some cost sharing. ' Mr. Clark said that when sideGaalks were put in on State aid routes, State aid pays for tliose walks. On the sidewalks for the schools, the City put�s in the sidewalk and the school maintains it. Mr.. Boardman said this plan goes to Council October 15th. Mr. Drigans said this is a fine park plan, but not any way near a�recreational plari. MO�TION by Drigans, seconded by Lindblad, that the Planning Commission recommend to Council and to the Parks & Recreation Commission that they retitle the Comprehensive Parks and Recre- ation P1an L-o Comprehensive Park Plan, and reconsider the impli- cations of a compreh�nsive trail system �l�roughout the City. Mr.�IIlair said he could agree with the motion on one thing but not the other. He said he believed that parks and recreation wer� tied together in the plan iii the intent it was supposed to be in ther, and any more wouldn't matter. " UPON A VOICE VOTE, Ilarris, Lindblad, Drigans voting aye, Blair na��, the motion carried. i .. 0 Planning Commission Meeting - October 3, 1973 Page 19 3. CREEK AND RIVER PRESERVATION MANAGEI��ENT ORDINANCE MOTION by B1air, seconded b� Lindblad, that due to the lateness of the hour, the Pl�zrining Comraission continue the discussion on the Creek and Riv�r Preservation Management Ordinance unt.il Octobex 17, 1973. Upon a voice vote, a11. voting a�e, the motion carried unanimously. Vice Chairman Fiarris adjourned the meeting at 12:45 A.M. Respectfully submitted, �� .�,,� /<��y..- C�.'�(.L•'i.f�� l /�C-��•�r'?-Lt�-C'�--� Dorot�hy Ev�son, S�cretary . � � � TII 4R � , , � � � � , ESTTMATES FOR CITY COUNCIL CONSIDERATION - OCTOBER 15, 1973 Gibbs Adveriising 8468 Westwood Road N.E. Minneapolis, Minnesota 55432 Estimate dated June 10, 1973 $450.00 Estimate dated July 18, 1973 466.00 Estimate dated Sept. 15, 1973 312.00 for Artwork at Fridley Liquor Store Mr. Carl Newquist Builders Exchange Building - Minneapolis, Minnesoa 55402 For services rendered as prosecutor (dated 10/3/73) Progressive Contractors, Inc. Box 368 . Osseo, Minnesota 55369 FTNAL Estimate No. 1 for Street Improvement Project S7. i972-1A, according to the Contract Progressive Contractors, Inc. Box 368 Osseo, Minnesota 55369 PARTIAL Estimate #9 for Street Improvement Project ST. 1972-2 (MSAP) PARTIAL Estimate #10 for Street Improvement Project ST. 1972-1 Bury & Carlson, Inc. 6008 Wayzata Boulevard Minneapolis, Minnesota 55416 PARTIAL Estimate #7 for Street Improvement Project ST. 1973-2 PARTIAL Estimate #7 for Street Improvement Project ST. 1973-1 Comstock & Davis, Inc. � 1446 County Road "J" Minneapolis, Minnesota 55432 • PARTIAL Estimate #5 for Sanitary Sewer & Water Improvement Project No. 112 from Sept. 3 io 5ept. 28, 1973 $ 1,228.00 1,100.Q0 81,645.7b 9T,993.42 27,b93.09 4,638.49 69,491.81 0 613.3i TII S� ESTIMATES FOR COUNCIL CONSIDERATION OCTOBER 15, 1973 PAGE 2 � Comstock & Davis, Inc. 1446 County Road "J" Minneapolis, Minnesota 55432 PARTIAL Estimate #7 for Street Improvement Project No. 1973-1 & 2 from Sept. 3 thraugh Sept. 28, 1973 PARTIAL Estimate #1 for Street Improvement Project No. 1972-1A from Sept. 3 through Sept. 28, 1973 PARTIAL Estimate #8 for Water Improvement Project No. 111 from Sept. 3 through Sept. 28, 1973 $ 2,268.18 1,408.26 686.69 III 5A p 0 �o o.�� o�o�� 6� 1�"JcST�'100D liQ. N. E. Ml��'N�APt�LIS, ti9l�lfV. 55432 � �'��TE�.'�";�� i�4 - % III 5B DATE � ��/7� 14 �-----�'-- � Fridley Aic�nicipal Liquor Store FridZEy' �iirzn. l_ -� Piease detach and retum upper portion with your rem;tta+�ce. $-- -- C��."�` I.�'P� ,� i� � SA.•:(1,? t i AR� WILSUI: l('NES C:�Mf`ANY •.. I�rl' i��,rv.iv i.. .. a �. Your Check is Your iteceipt � 0 � � J � J � { � lJ � � � LJ `�1 � U � L.J 8468 �1'J�ST1i„�Od ��. �v. �. I`�{NP��POLIS, f4111��a. 5��-3� � r � :�, 8' fl "�': » �:'i III 784 - ; 5 � DATE___ 19 ?f 1� 3--- � Fridley Municipal Liquo� Store Fridley' hiinn. J l_ Please detach and retum upx�er portion with your r�rnittance. �Y�.�� , e .t .1i i'P�tT WILSC N J� �<.a �-� •��.. _ -- Your Check is Your Receipt � � � J 9 �� 1�1 1 ��:� �UU� 8468 WESTIrsJ00D f�D. f�. E. MINNEAPOLIS, MIlVN. 55432 �?AT��iT 7 $L�. , I I I 5D DATE�i--�J-F��--1 a. 1 � FridZey Municigal Liquor Store Fridley� 3*9inn. l_ _ ' —1 Please detach and return upper portion wiih your remittarce. $_ — � 0 e:�.�!: F. . 1A �... �._,.t YILSJ�: J^•iC:� CUMf�A.VY •�:`iRl � i'RIY!ED �.N U S.A Your Check Is Your Receipt � � � , . STATEMENT � � z Z � 5E HALL, SMITH, JUSTER, FEIKEMA and HASKVITZ ATTORNEYS AT �AW � - 1050 �UILDERS EXCHANGE BLDG. . SUBURBAN OFFICr.� MINN[APOLIS, M�NNESOTA 55402 OSSEO FRIDLEY 339- 1481 � � City of Fridley 6431 University Avenue NoE. . Fridley, rlinnesota 55432 ATTN: Nasim Querishi CJN � . City Manager � � PLEASE RETVRN THIS�PORTION WITH YOUR PAYMENT � DATE 0 i • • BALANCE FORWARDED FROM LAST STATEMENT 10/3/73 Services rendered as prosecutor for the City . of Fridley September retainer (28 hrs 20 min.} $1,000.00 Secretarial Services $100.00 100.08 $1,100.00 � 0 I dec�ar� unuer pe;,ait:es ot laU� thai this accouni u�n� c� ci�;,,a��d is just and cor- rect an ' tr ,' \� ��:� f it t�Gs bec�tn pa:da ! �.� � S��n4� u e of (,�iant HALI, SMITH, JUSTER,� FEiKEMA. /+ND HASKYITZ ATTORNEYS AT LAri Ea��3 ��i.o: 0 t \ �, TIME RECORD FOR SEPTEMBER, 1973 PROSECUTION WORK 1. Court, including preparation and travel 2. Preparation of For�aZ CompZaints and other Correspondence 3, Office Conferences with Police, Citizens and City Employees 4. Phone Conferences with Police, Citizens, Court Employees, City Employees and Attorneys TOTAL 0 11 hours 30 minutes 2 hours 45 minutes 6 hours 45 minutes 7 hours 20 minutes 28 hours 20 minutes 0 iII 5F C� � ENGINEERING DEPART,tENT CI1'Y �F FRIDLEY 6431 UNIV�RSITY AVE:�UF FRIDLEY, AIII�NESOTA 55432 Honorable Alayor and Ciiy Council City of Fridley c/o I�asim Ti. Qureshi, Acting City rtanager 6431 Universitv Avenue N.E. Fridley, Alinnesota 55432 Gentlemen: CER7'II�IC�ITE OF TIiE ENGINEER October 3, 1973 III 5G ' . E�'e h�reby submit Final. Estimate No. 1 for Progressive Contractors, �nc., • i3ox 368, Osseo, rlinnesota 55369 for Street Imp'rovement Project St. 1972-1A, according to the Contract. ' � ' .' �I SPEC. N0. 5-2.2 2506.508 250G.522 S.6 2105.501 2501.521 S.9 S.9 2301.531 2301. 536 2503.511 2506,50G ITET1 Valve Box Extension Construct C.I�. Design A or G Adjust Frame and Ring Casting Clearing aild Grubbing Common Excavation Granular Borro�, Concrete Pavement 6" Intergrant, Curb Design htod. D-4 E;cpansion Joints, Design E?_ll=1 Dowel 13ar Assem. 12" RCP Seti��er • Construct Af.H. Design A or F TOTAL � UNIT $100.00 325.00 60.00 3.50 3. 78 3.78 6.60 . SO 3.50 1.75 10.50 lOQ.00 QUt�NTTY 4 each 1 each 19 Assm. 147 InDiam. 1,377 CuYd. 1, 860 CuYdVA1. �i,174 Sc�Yd. 5,030 LinFt. 280 LinFt. 1,008 LinFt. 26 LinF�. 9.5 VertFt. AI�i�UNT $ 400.00 325.00 1,140.00 514.50 5,205.06 7,030.s0 G0,548.40 2,515.00 950:00 1,764.00 273.00 950 . 00 $81,645.76 Amount Due Final Estimate No. 1 $51,64S.7G • - Respectiully submitted, %� Q�-u 1�-( • NASIAi Ai. (�UREStIi; !'.�. ' City Engineer - Director of Planning �/, % - . , Checked B� . G!� !'!�� ' , Prepared By ^"'�� r�� .' CC: Progressive Contractor, Inc. ' irz 1 . ' SN 1 ' �� ' Date October 4� 1973 � T0: CTTY F.�?GIid�ER CITY OI� FRIDLLY REPOP.T OPd k'7*yAL XPJSP�CTIOAd FOFt S'T`�2y�T I2�L°nOVE2-i�1T P�OJPCx ST. 1972-1A We, th� L�.aer.r�i�r«d, hAVe ir�a��ec�d t��e gbove �ntianed proj�ct s6z�.d �ind th�t tio c�o�i;. requixed hy f:h� Coatx�.:c� ig auUst�.ntiu.ily cc�.plet�> in confnrrr,ity wfth tilie Pl�.na and Speci- ffcatf.on� of the proj�ct. All cie�icieaGie� h�ve been cargected by the Cont�actor. AZc�o the �:ork �or �Y�ich t�� Oi�y f�e1� th�.t the Co�tractoz shoald receive � r��uc�c� �r3.c� iz�,a been a�r�ed tapan by the Coatractor. So, 4:tter�fore, E,rc� �eco?�end Co you th�at the City �pprove ' the �.t�vchecl �i��:�l E�L-i��te for �he Ccntr�ctar �nd �he ons year t�cint�_n�,x�ce bond ntes�t from t%�e da� af the mpproval of this e�ti�at� hy the C3.�p Co;uzc�l. . �I� ' � �� ' i � � , � Additf.c.{�ar�1. �'�r�,t��.a 0 �, •' �%?%i ; --:i . � � .-� � / -�. -t / �u / n(:�. ir� .. CO:dS�RUCiiG:� it.�C'�.'2G:: - �iG1�.t��T�G �'w5i. �-"'�_�� /f,�' 9� 1...��'A.�fi.-. c /.'./,��.�% � COtrSiP.I1CiZ.��; li��P�CTOR \ 1 ,v y . COIdTj' .CT03 I'.�'sPi�ES�iTAi'IY�3 �J i II II q� .1 i Page Two CERTIFICf�TE OF TfIE CO\TRACTOR 'I71is is to certify that items of the work sho�vn in this statement o£ work certified herein has been actually furnished and done for the above me�ltioned projects in accordance iaith tlle plans and specifications hereto- fore approved. T'he Final Contract Cost is �81,645.76 and the Final Payment of $51,645.76 far Stxeet Improvement Project St. 1972-1A would cover in full the contractor's claims against the City of all lab or, materials, and other work done by the contractor under this project. I declare under the penalties of perjury that this statement is just . . and correct. Dated: �0 -- f. G`� �— _S PROGRESSIVE CONTR�CTORS, INC. .,1 �. Signature: .� ,', ; t f . r Co�l ractor � III 5I .' 1 � � , ' CHARTER COMMISSION MEETING The Meeting opened at 7;45 p.m, on 5eptember 18, 1973. ROLL CALL MEMBERS PR�SENT: MEMBERS ABSENT: III 6 Ray Sheridan, Elaine Knoff, Jerry Ratcliff, Peg McChesney, Robert 0`Nei11, Jackie Johnson, Edythe Collins, Jack Kirkham, Ole Bjerkesett, and Clifford Ash. . Roy McPherso�, Donald Wegler, Francis Casey, Herbert Bacon, and Harry Crowder Motion was made by Mr. Sheridan to accept the minutes of the meeting held June 19, 1973. Mr. Bjerkesett motioned to accept the minutes without having them read aloud. Upon a voice vote, alI voting.aye, the moti:on carried unanimously. , C OP4MiJNI CAT I ON S Mr. Sheridan said he had received some communications from some of the city officials. He had also talked with Virgil Herrick, the city attorney, and it was decided that they would get together as soon as possible, and Mr. Sheridan ' would express some of the comments made by the cammission from the attorneq's office. Hopefully, this would be done by the next meeting. , Mr. Sheridan brought up a conflict Mrs. McChensey had, since she and her family are planning to go to Europe next year. She would like to take up a German course and the ttao schools which offer this are both held on Tuesday , evenings. He subgested rather than having her leave the commission, they could appoint another secretary. The commission decided that an acting secretary would be appointed during a meeting that Mrs. McChesney was absent. ' � ' Mr. Sheridan asked if there were any repor�s from the commitfee in regard to reviewing the individual Chapters? Mr. Bjerkesett sai,d there were a number of things that needed reconsideration i.n Chapters 4 and S. The one item he thought was important was the primary election, secrion ��4.03. He felt that section shou�d be eliminated entirely. He said under the present Charter, it states that when there are 4 there must be a primary election. Mrs, Collins said that in rhecking with the other Charters, Coon Rapids , amended theirs in Z964. She felt it was interesting to note that most of the other charters did not have recall sections. But some of the Charters had a withdrawal section, enabling a man to withdraw after filing, Mr. Sheridan ' said there was no provision in the Charter to withdraw. He commented it would be a good idea for the commission to make�note of this and further discussion couZd be made afterwards, I_ ' J , , Mr. Bjerkesett felt that as far as the Charter goes, it seemed to be all right, but his major concern was the section on petitions. Legal implications could be checked, for the Charters vary a little bit. He said the way it is set up ' 1 ' PAGE 2 something can be done unintentionally without anyone knowing that there is something impropex about it. A violation in regulation can be easily done. He felt the wording should be changed. It should include that husband's and wives cannot sign each others names on a petition. He indicated that he would like to get in touch with Virgil Herrick on this manner. ' Mrs. Knoff and Mrs. ColZins brought to the commissions attention an error on page 12, Section �f5.02 in the Charter. The last four lines had been deleted in a repr�.nt. A correction. would be made. ' ' ' , ' TII 6A The commission further discussed Chapters 4 and 5. Mr. Sheridan said they could put their thoughts into a report and the commission could put it as an item of the agenda and could have a�iscussion of it later, after further data was included. They discussed the section on recall. Mr. Sheridan said it is tougher to recall the council by ward. Iie indicated that if two wards we.re having a problem with an elected official, the ward in whicti the problem was involved could start a petition. Mr. Sheridan said the last meeti.ngs minutes showed that they had set the Charter into fzve differe��t groups, A through E. In addition to the groups already assi;;ned, Jack Kirkham and Jer.ry Ratcliff were assigned to Group A, Clifford Ash to Group B, Peg McChesney to Group E, and Harry Crowder had indicated earlier he would like to serve on Group C. � Jackie Johnson said she had a letter from the League of Women Voters. She indiEated they would study in their chapters Chapter 6, Administration of City Affairs. Mr. Sheridan said he had c3iscussed with Virgil Herrick � and would later get more of_ his views an this. Mr. Sheridan said perhaps they could get a recommendation from the legal department of the city. '�.J .� I I � , , , � ' , Mr. Bjerkesett said it would:be'.useful to know what the legal expenditures have been. Mr. Sheridan indicated that if the city had something to go to the Supreme Court a staff attorney would probably not be qualified to carry through, in an area of specialization such as this. Mr. Sheridan said the commissions recommendation would eventually be to set up a legal department�w:i�thin the city. Legal bond issues and hearings lead to an expense. He said i� is charged. to the project itself and not the legal department. The commission talked of unfinished business. Mr. Sheridan said he had copies of communication from Tim Breider, and passed them around. Absent members will receive copies. Also, he had heard from Gerald Davis and recommendations from members of the city staff. (See attached). He further stated that as soon as he got in touch with Mr. Herrick and got a written report from him it would be duplicated and sent out to a1Z members. He asked i£ there were any more communications? � � I ' , � � . r ' ' ' � . ' �, . , , � . , ' ' � PAGE 3 Mrs. McChesney suggested they would maybe get a bigger percentage of attendance by their members at meetings if everyone was given a call the day before the meeting, Mrs. McChesney volunteered to do so, and the commission agreed to her comment, They reviewed some sections of tt�e Charter and Mr. Sheridan said the commission should weigh some of the considerations sent from William Nee. They discussed the council and resignations. Mr. Ratcliff asked if they were elected to council for a full or unexpired term? Mr. Sheridan indicated it was the unexpired term. Mr, Kirkham said that a man which is seeking higher office has to resign first and his post will be filled. Mr. Bjerkesett said it was probably too late to have a vote on the Charter amendment. The next meeting is scheduled for October 16 and the following meeting will be held November 20th. It was discussed that the meeting in December might be cancelled since it is the week prior to Christmas. •The possibility of cancellation is in mind but it is still undecided. The meeting adjourned at 9;03 p.m. Respectfully submitted, �J�:��';! �/;'/' '?�;'_''_ ;'�r% She 11ey%1�lorrison Recording Secretary III 6B 1 , , ' ' , , ' Iri 7 THE MINUTES OF THE HUMAN RELATIONS COMMITTEE MEE7ING OF SEPTEMBER 27, 1973 . The meeting of the Human Relations Committe� was called to order at 7:30 P.M., September 27, 1973. ROLL CALL: MEMBERS PRESENT: Gene Gustafson, Ina Prieditis, Joyce 8enson, Harold Belgum, Robert Erickson, Eileen Stenberg, Dan Fish, Karen Packer, Adolph Kukowski, Sister Paula Ripple, Rev. Douglas Nenderson MEMBERS ABSENT: Katherine Moss, Caro1yn Rouse, Leonard Lind, Arvid Nansen, Nicole Nee Joyce Benson, Acting Secretary, presided until officers were elected. Raymond Renner has resigned as a member of this Committee.� New members are Ina Prieditis and Robert Erickson. Karen Packer reported that.the Frid1ey Council did not approve of our chang�ng �he quorum in the bylaws from ien members io six members. ' Dan Fish nominated Adolph Kukowski for Chairman. Adolph withdrew his name as he cou1d not attend all meetings and felt he would be more effective as only a member. Karen Packer nominated Harold Belgum for Chairman. Adolph Kukowski nominated Sister Paula Rippie for Chairman. Eileen Stenberg MOVED �hat nominations cease. ' Dan Fish seconded the mo�ion. The Motion was carried. A secret ballot was taken. Joyce Benson appointed Dan Fish to serve with her as teller. Harold Belgum was elected chairman. Eileen Stenberg nominated Sister Paula Ripple as Vice-Chairman and made a MQ7ION that she be V7ce Chairman. Karen Packer seconded the mo�ion. The motion carried. Adolpht Kukowski nominated Joyce Benson as secretary and made a MOTION that she be secretary with the stipulation that a secretary from the City be appointed as a recording secretary for minutes, agendas, reminders, and mailings. Dan Fish seconded the motion. The motion carried. Karen Packer made a MOTION that Adolph Kukowski be appointed aur parliamentarian. Sister Paula Ripple seconded the motion. The motion carried. Sister Paula Ripple commented that she would like to see our meetings better organized with agendas sent out ta members before the meetings. Let it be noted that according to Article IV, Section 1, of our Bylaws, that a ma.ioritv vote at a reqular meetinq of this committee may amend the Bylaws. Dan Fish made a MOTION that the quorum in the Bylaws of the Fridley Human Relations Committee, Article II, Section 3, be changed from ten to eight committee members. Adolph Kukowski seconded the motion. The motion carried. r , � ' , �I � ' �I I MINUTES OF THE HUMAN RELATION COMMITTE MEETING OF SEPTEMBER 27, 1�73 PAGE 2 Eileen Stenberg,made a MOTION that the Fridley Human Relations Committee jointly sponsor with the Riverwood Elementary PTA a public forum on Thursday, November 15. Adolph Kukowski AMENDED THE MOTION to read that anything presented by this Committee to the Riverwood Elementary PTA to be used in setting up the program be approved by the Human Relations Commitiee. Dan Fish seconded the motion. The motion carried. The Human Reiations Committee officers, Narald Belgum, Sister Paula Ripple and Joyce Benson, along with Karen Packer and any other members able to be present, will meet with the Riverwood Elementary PTA Committee concerning ideas for the forum on Tuesday, October 16, at 7:30 P.M. in the Riverwood School Lounge. Ideas suggested by this committee that might be explored were: Youth - adult conflict Family conflict Busing of retarded children to another district rather than their own Youth center Bicycle paths Fa�ily counsel�ng center School curriculum on family ' Dan Fish made a MOTION that the North Suburban Youth Center in Coon Rapids be contacted and invited to present infarmation regarding �heir organization at our October meeting. Joyce Benson seconded the motion. The motion carried. Adolph Kukowski made a MOTTON to ajourn the meeting motion. The meeting was adjourned. Respectful1y submitted, Joyce Benson Secretary Ina Prieditis seconded the 0 III 7A III $ MEMO T0: MEMO FROM: MEMO DATE: SUBJECT: Honorable Mayor � City Council Nasim M. Qureshi, City Engineer Octobe� 10, 1973 Status Report - Frank's Used Car Lot 5740 University Avenue N.E. Last week the Gabrelcik garage and used car lot was inspected again to see what progress had been made since the last City Council review of the problem property. The agreement stipuiations are now firially coming closer to being met. Mr. Gabrelcik has built a screening fence around his junk area, he has stopped parking his cars in the street, the cars on the lot are for the most part parked in rows, he seems to be keeping the weeds down,and he has removed or put into the screened area most of the junk parts o� vehicles. ' Mr. Gabrelcik was not present when the in- spection was made, nevertheless, the work he has done is mostly self-evident to anyone having seen ' the property before the clean-up began. It wi�l probably take curbing, blacktop and landscaping ' to actually beautify the area. :. � � � � � NMQ/HM/jm ' - � G E O R G E M. H A N S E N C O M P A N Y ' Ctrlified Publrc Accountaatt 175 SOUTH PLAZA BUILDING WAYZATA BOULEVARD AT HIGHWAY 100 M(NNEAPOLtS, MINNESOTA 554 t 6 546-2568 � October 9, 1973 Mr. Marvin C. Brunsell, Finance Officer . City of Fridley 6431 iTniversity Avenue N, E, . Fridley, Minnesota 55421 Dear Mr. Brunsell: Under the terms o� our professional liability insurance coverage, CPA's are now required to indicate the sco_pe of their engagement in a letter to their client. . . CPA's are also required to indicate that the CPA's examination of financial statements, ordinarily for the purpose of indicating that the statements are fairiy presented, wi1Z not necessarily discover fraud or defal.cation, although the application of generally accepted auditing procedur�s may uncover such situations. � III 9 Accordingly, we are now required to send you the enclosed letter and ask that one copy be signed and returned to us. We believ� it serves a good purpose �in beCter acquainting you with the scope of the work performed by your auditors. . Very truly yours, JGM:gmd Enclasure ' �' �� '�� J. Gregory Murphy, Partner ', Fire Phone 560-I500 ' CIiY Q� �'�.��°Y ,�. :�{ � �;� �a� ��. �.":� �;�� :�� `';��.��°�� i�.�+ah,, Va;� C ab s3 ' � ' E�4-31 Univ�:rsity Avenu� ri. E., Fridley MI�lNEAPOLIS 21, MIPlN. DATE: October 9, 1.973 MEMO T0: Nasim Qureshi, Acting City Manager FROM: Robert D. Aldrich, Deputy Fire Chief SUBJECT: Barry Blower Inc. Construction 73-10-2 Bus. Phone 560-3�+50 ' I have received a request from the Barry Blawer Division o£ Weil-McLain Company to waive the 100 percent sprinkler requirement for the proposed addition to their plant at 99 - N.E. 77th Way. ' ' � As you are aware the building code requires sprinklers when areas become excess- ive. The position of Barry Blower is that their operation does not have a large fire loadin� in all of the areas of the occupancy. I have to agree with their position. They are requesting that the City waive the requirement for 100% sprinkler and accept sprinklers only in the area of special hazards and fire loading. You may recall that this firm deals almost entirely in metal products manufacture, and it�is throughout these non hazardous areas they are requesting the waiver. , Their position is acceptable to the insurance carrier, and they do have an H.P.R. assignment. I have pointed out to them that a waiver of this type must be granted by the City Council, and they have requested me to try and get this matter before the City Council at the earliest possible date. � ' ' , ' � � � As to the Fire Department position on this request, I feel that we can recommend granting of this waiver. I would want to stigulate the following: 1. Fire service line be presently sized to be able to handle a complete sprinkler system. . 2. An annual certificate of occupancy inspection be required so that any change from the present layout would be recognized, and if further sprinklers are required they would be immediately installed. I have attached copies of the correspondence from the Barry Blower Company and copies of the proposed building and sprinkler layout. � Please advise me as to when Council action can be had so that I may inform the Barry Blower representative. ' Thank you for your cooperation. RDA:e1 Attachments YO�.I �t�� -��;�� S��' Fi��s III 10 SAVE L�ves ' �1 , � � / / ��.� .:...:::::::::'�:�� ::.::::; � ' � �__�_ � �. � �� .�- aT�� . �_ 1 `. ..,, �.. .< : . i � �.. .., }.a .�...�. t_ a...o-.:..._.�. .,..a i _ �..s mem6er oii moving r, ! and conditioning .�-�� 1 OSSO[t01/W! IA(. October 2, 1973 City of Fridley � Fridley Minneso�a 55432 1 �� (I ■ � �S Y'�Y �Y � WEIL-McLA1N COMPANY, INC. 99 N.E. 77th WAY MINNEAPOLIS, MINN. 55432 ARE/! GODE 612, 786-3000 Attention: Mr. Robert Aldridge, Fire Marshall SUBJECT: BARRY BLOWER DIVIS%ON g9 77TH YaAY NORTHE�ST ' Gentiemen: � , ' , III 1� A For your revi�w, we are enclosing an occupancy layaut of our exi.stin_q facility along with �the proposed addition and our new building layout. UJe are also enclosin_q our proposed automa��.c sprinkler layout for our new facility. Recognizing the buildinq code requires 100� sprinkl�rs for a building of this size, we are a�pealing for a varia�nce based on the fact that in many areas of our �lant (over 80�) the occupancy as well as the construc�ca.on is entirely non-combustible. w� are sure you are familiar enough with our glant ta recognize the na�ure of our operation being metal working using entirely water soluble cutting oils and non com- bustible construcf.ion, We aZso realize the fact that in some areas, namely pack�ging and , shi�ping, purchased parts, storage and dra�t�ng room in the office as ��ell as painting areas, contain combustib�.es. We will provide approved automatic sprinkler protection for �h.ese areas. Please refer ' to �he attached occupancy layout which is marked in red outlining these areas. , , I , � ' Based on review by both our corparate fire �rotection engineers and our insurors (Factory r�utual), it is their opinion that sprinkler protect- ion is not required in areas where there are no combustibles in the form of occupancy or construction. Sn other words, if there is nothing to burn there is no need to install sprinklers. Weil-McLain Company is extremely loss prevention and property conser- vation oriented and adheres closely to the standards of fire prevention promulgated by both Factory Mutual and the N.F.P.A. We strongly believe • TUBULAR CENTRIfUGAI FANS . AIR i01L CENTRIiUGAL fANS . fC VENTILATING FANS . BBC NON-OVERLOADING VENT�lATION FANS . INDUCED DRAFT f0.NS ' � BARRY BtOWfR CO. � • 99 N.E. 77th WAY • MINNEAPOLIS, MINNESOTA 55432 III 10 � '' City of Fridley October 2, 1973 Page 2 , � , in the prevention of loss of property as well as life. We have spent in excess of $400,000 in. the last three years for fire pre- vention alone and based on advises from our "fire specialists" are asking for a variance ��ith goad saund engineering principles adhered to. We further agree that if at a future date combustibles are introduced in the areas we are not sprinklering, that sprinklers will be promptly installed. In our layout, we are cur_rently oversizing feed mains. Further, our insurors, Factory P�?utual, make regul.ar inspections at � least twice a year and �hey alsa V�ill insist that spra.nklers be pro- vided should combustib�.es be introduced in order to main�ain our Y,PR rating . Therefore, we are asking for a variance to the ruling ana ask that you accept and a�prove of our plans. Very truly yours, BARRY LOWER DZVISION ��--� �?� . Gerhard M. Gauger President GMG/ja encs 0 CONSIDERATION OF PAYING CI7Y EMPLOYEE ACTING IN SUPERVISORY POSITION THE SALARY OF THE POSITION (REQUEST BY COUNCILMAN UTTER) 0 III 11� _ I' � �.TreNrioN o�: . - - . - �� . _ . .. _ _ _ _ _._ . . _......_ , �. ` ro PAUI.. BROWN, PARK AND RECP,EATION pIRECTOR L ' SUBJECT III 11 �� CITY OF FRtDLEY 6431 University N. �. 1�►inneapolis Prlinn. 55�2� 612-560-3450 . . _ _ _ _ -- - _ __.4 HIRTNG OF FOREMA�1 FOR PARK DEPARTh1ENT SEPTEh9BER 13, 1973 DATE .--- --____._ . _.. . ._ - ----- ---_ _____ --- _�--_ . _..._.. _ _ _ -------- There has been cance•rn shown by one ofi the Councilmen that ti�re are not �-� mov7nc� on hiring a replacement -For Ralph Volkman in your departm2n�t: Also, -� � .--- - a suggestion 4vas made that Roy Scherer maybe shou1d be made acting foreman "� � and given the sal ary of the Foreman for the peri od unti 7�ve hi re a- new -��-��-� --- foreman. __. _. -. -- . _.___ __. ___ _ _ _ --- - . _-- -- . _ -- - __ __ __ - -- ---- ---- ------ Would you please do �vhatever you can do to expedi-te �the select�on -�� --- - process far the foreman for your department and come up ti�rith a __ ._ ___ . _ __ ____- - recornmendation for the City t�fanager's office as soon as possible, and - give me your recommendaiio�s on making Roy Scherer`acting foreman. --- __ . _ ._ ___�_� Thank you. for your hel p. _ __ _ --- . - _ . _. --- - -- -- - - - -- _ _ __ -- - _ ___ . _ ___ _ _.. _ _._ . _ _ NASI��f M. � QURESHI - - _.__.__�___ . CC: Peter lierlofsky _ _ _ _ ._. ' , _ _.___..__ _ _ __ _ _- --- -_ .. . .- -------- ----- -- . _ _____ .. __ _ _ __._ _ _ ----- ___ _ _.__ _ _ _.. _ . __. ----_. _.._. ---- --- ---- . Gt�ATURE . . EPLY: ].. The reason for the del ' � • �-- � _ � I. � �i i _ _ ay Zn �e].ec�tzon of Foreman has be�n for. -the fact that ..__ _-- t1e have been �raiting for additzanal appl.icatior�s from the xecent xss�ae o� L�a�ue, of 24unic�pa2iti.es. _ This was a.ssued 1.as� t�reek. ��e, being Peter ar.d myself, wi11 process a.11 aprLications, a.ntervie�rr �ha top candic?aiAs and bripg in our final recom�:er�ciatian. _ 2. Each depar-tment has a Sr. Pian under the Foremau. As pax-� af 11i.s duties i � is to ta.ke over �or the.For�map wheq absent or inb��rean jobs. Poy Scherer . is our Sr. Park t�ian. T dontt feel there is ans need 5.n. making hir,, Actind Fore�a.t� at higher pay. He already receives co�npensati .. beino Sr. Park _ rian. _ _. . . DATE. rtiU . 13 � 9_?�______ StGN� E f 0 _: :; ' L3 t'$ �C?1?�i( - ^cir^-.:id {�rt7. „ �i D�` : i i1=S APPOINTMENT: CITY EMPLOYEE: NAME Curtis Dahlberg 205 P.ice Creek alvd. Fridley, Minnesota POSITIOPJ Park Foreman, Park & Recreation Department SALARY �974 per month m III 12 E�FEC7TVE REPLACES DATE October 29, Ralph 1973 Volkman � CONSIDERATION OF SCHEDULING COUNCIL MEETINGS FOR DECEMBER '�' � •� � ^°'='�'�'Ti:v�Y.�..�.�...�" .'��'��^-'� `�: v-•,..r-,.�..,�w�: . ;-n' ,`-.r"`�� '*�!:.� mii�G\� . . . � �� -�'��1� . d ��9 � e}�s�;: ., �{�'d� J�� 5 6 n i� s NOVEh�BER 1� 1tiPEUA€2Y 7�t "oTES �°—°—�' �� 1 2 3 1 2 3� 4 5 �. ',�,��r t-�i� 4 S 6 7 8 9]0 6 7 8 9 10 11 12 _,,,,�,, __*.-. 11 12 13 14 15 16 17 13 14 15 16 17 18 19 18 19 20 21 22 23 24 ZO ?I ZZ 23 24 PS ZG IsYourorganizationlooking 25 26 21 28 29 30 21 2E 29 for a avm project? Your Ciry has many �eeds...contactthe � City Managei s offica for suggestion5! � � IT'S YOUR COMMUNITY!!!! II1 1� �'� S ' tA �� s � � � � � � � � �1 �4 �.. u �_° - FIRST PlanningCommission SUNDAY City Council Meeting 8:00 P.M. OF Meeting Fridley Senior Citizens Municipal Court • ADVENT 7:30 P.M. 7:30 P.M. 9:30 A.M. � � � � � � � Ciry Council . ' Public Hearings Board of Appeals Municipal Court 7:30 P.M. M1leeting 7:30 P.M. 9:30 A.M. 16 �7 �� 9 Ciry�Councit Fridley Senior Citizens Meeting 7:30 P.M. 7:30 P.M11. 23 2�- �5 CHRISTMAS EVE CHRISTMAS . DAV � � � � LEGAI HpLIDAV C�ty Otfices Closed CITY OF F RIDLEY SE(2VICE DIRECTORY ,' Administrative (lffices C�vic (]ent��r . . . . . . . . . . . . . . 5G03A50 Policc (24 Fiou�s - Non-E.n,e��p�ncyl . . . . . . . . . . . . . . 5G0 3457 Ol/i�rc Hnurs: BA.N. to 5 P.A1. — Monday through Frid:ry � POLIGE - FIf1E Eh1F.RGENCI[S . . . . . . . . . . : . . . . . 5G0•1500 �= C.. � 7, E s 6uilding Standards � Meeting 8:00 P.M. � � � � 20 Plan�ing Commiszion Meeti�g 8:00 P.M. Municipal Court Bu+ld+ng Standards 9�30 A.h1. Meeting 8:00 P.M. 2� 27 Numan Relations Muniaipal Court Commun�on MeeGnq 9:30 A.M. 8:00 P.M. �i`1 dr..J �o�✓ � � t ■ � � � 2 2 t� FIRST DAY OF WINTER S 2 J. ��r l� � i�i�� t��JJ � ;' t`r% III � 1 �� ! 1 � __ , CLAIMS , . GENERAL 33397 - 33544 LIQUOR 8244 - 8295 ' ' . � � � � . I 1 1 � 1 1 l � . 1 � . - � III CONTFACTOF.'S LICLNSES TO �E APPROVED BY COU1V'CIL AT TiiEIR R�GULAR MEETING 1� ON OCTOBER X5, 1973 GAS S�RVICES APPROVED BY P & H Services Company 2634 Dupont Avenue North Minneapolis, Minn. 55411 By: Gerald Steffens W. Sandin GENEP�L CONTRACTOR W. F. Bauer Construction Company 1655 Stanbridge Avenue Roseville, Minnesota 55113 By: Walter Bauex C. Belisle T. M. Campion Company 2139 Lotary Avenue North Minneapolis, riinnesota 55411 By: T. Micliael Campion C. Belisle Rottlund Company Incozporated (Name Change From Castle Iiomes) 7613 Central Avenue N.E. Fridley, Minnesota 55432 By: David Rot�ter C. Belisle HEATII�'G Central Air Conditioning Company 790 South Cleveland Avenue St. Paul, Minn. 55116 By: Robert B. �dinston ��. Sandin Equipinent Supply Inc. � 801 Curfe�a Street � SC. Paul, Minn. 55114 By: David Hodgson W. Sandin S�aenson Heating & Air Cond. 6700 Wes� Broadway • MinneapoZis, Minn. 55428 By: Douglas Swenson W. Sandin 0 0 . r ' LIS OF LICENSES TO BE APPROV�D BY Tf� CITY COUNCIL AT TEiE MEETIr1G OF OCTOBER � ------ --- - - TYP OF LICENSE , AUC ION�CR BY APPROV�D BY , Leo �s Auc�:ion Service Leon Godeke Public Safety Director 738 Central Avenue N.E. Fri ley � CIG �'I'T� , To Crier Pancake House Crai� Vargo Public Safety Director ?73 .University Avernze N� Fri ley � , . � � . � , � � i� 1 1 . 1 . 1 � _ _ yi III 1973 15 ;� FEE $10.00 (2 days) 12.00 , �� ECTIOid 1� �nolCa-�l�nnepin �n�epertc%nt S�hoo� ��St��t �lo. » 1 ogno�a, �inncsoEa 55303 {�fils Sandcll, Chairman Phone 427-1880 �rling O. Johnson, Superintcndent A. G. Drury, Vico-Chairman Alvin Salmela, Assistant Superintcndcnt Robert Gordon, "1'rcasurcr S. M. Cleveland, Assistant Superintcndcnt John Weaver, Clerk Dr. D�ivid Spencer, llirector limVick,llirector �CtObe1' �� 973� � Fridley City Council 6431 University Avenue, N. E. Frid{ey, Minnesota 55432 � Gentlemen: � The School Board of Anoka-Hennepin Independent School District No. 11 has given and continues to give careful consideration to the proposal to develop Norfh Park as a nature center. , , Anoka-Hennepin tndependent School Districfi No. 11 has had a great interest in nature centers and has developec� severa( within the schoo) district adjacenfi fio school buil�dings. They are not as extensive as the one you propose. Responsibility has been given to the Director of Secondary Education and the � science department of District No. 11 fio carefu4ly study the North Park pro- posal in relation to our total district program. Possibilities of financial support for North Park will also be explored. �� ' �� J I � � We plan to give North Park further discussion at our next school board meeting scheduled for October 22. EOJ: sincerelY, , � �`� Ci�� '�'Y:��°�' � �� T j►� T09 Of THE 7wINS , � � �'t,r�'�•�'� COAeYUNITY pSV[l��e�3NT piV.' � � ' I � PROTECttdi �:"e�€CYION QiPT. � � �'•"1 e CITY M6.LL B�ilpt�'Y 884`31 t,��„�.� �.� �IS-6CA-9450 � I. .� � � � � � � .� . � ,• �J � .� 1 , TYPE OF CO2vSTRUCTIQid NiP,�iI3ER OF PE?'�ff�'S ISSU� l. P.esidential 2. Townhouses 3. Multiple I7,�ellings 4. ResidenL-ial Garages 5.-Residantial Alt./A�i�l 6. Cotn�aercial 7. Industrial c+. Cottnn. Ind. Alt. /Addn 4�. Signs • 10. Wreck?ng, rloving 11. Others . TOTAL 1973 SEPT 4 L _.___ - ------ •---�-•---•---_ .._.._..___�_.. .� recr PROTECTIVE INSP�CTION SECTION MONTNLY REPORT A. Number of Permits Issued — B. Fstimated Valuation of Pennits t�ri REv DATE � PAGE Of ARPROV 0 0Y �_�1� _Q� ZZ._-8�_72 . t 1 L _ $�� 1972 THIS XEAI'. LAST YEAR S�PT. TO DATE TO DATE 12 81 � 94 1 I 0 I 1 12 18 143 112 0 0. � 4 8 0 1 2 10 6 7 30 35 Q �� o � 6 � � 0 �� 5 _� 2 cca.mm�or� " anoa�ma L6 rr ll�� Heatin� 49 1 346 239 Plumb in� ' Electrical 49 36 534 346 � • TOTAL 126 3� 7.7.�2 �, 782 .�.v._ �„�..�,....�,. .... � ESTIMAT�D Vr�LUATIONS OF P�'',SSITS ISSUED � � 1. Residential ` 89,396 314,963 $ 2,024,189 ' 2,204,539 _ .2. Townhouses 4,3 3. Multiple I�aellings 0� 66,763 0 66,763 4. Residenti.aZ Gayages � 5. Residential AIt./Addn 20,422 31,571 361,534 221,642 TOTAL RI'�.,SIDENTIAL 5 � ?�� 2 L OQC S r � ' 6. Commercial $ 0 $. 0 1,110,�359 $ 494,488 • i.•Industrial . 0 45,000 8. Comm. Ind. Alt'./,Addn, 429,760 •-52,723 1,134,998 1,093,607 i�ii�. C�i�.� Zi�. �t29_7Ein ��'`.oa...�.�,.7...�%� -� �'��,7 7�f1 �� 1��1 �,��' 9. Signs 10. Wrecking, Moving 11. Others To��. rnsc . GI2A13D �OTAI� VALUATIQNS $ 0 $' 2,805 14,780 $ 39,799 0 0 _ 0 0 14,651 188,639 S � zp , � -� � � � �'�R3 �� " ' ►+ i�....�.:.� r.�.�...a .�1n.�� yS .555,935 � �1�227�3'�3 S G,R�7,�fS0 E�12i17�,�E'fl j Column ��1 Column �r�2 CQlumn ��3 . Column _��4 , �iiy �� 3��y �7 TM[ Tp► OR TNE TpfIN6 � � ( ` . �•�••"��'� GpRlMUMITY Gz�SLOPtl�FT OIV. � ' 1 � PAOTCCTttffc Cyi�CT10K C3�. 1 j'�,�._� � �ITr nat.L FRI�L[Y 8843i �..��, ,� �!2-�CO-D490 s�,E�T PROTECTIVE INSPECTION SECTION MONTHLY REPORT C. License Fees Collected D. Permit Fees Collected FaA'"�`�R ltEv DATE PAQE OF � � o�n _ uj� 1�_R-7, �_. LICENSE FE�S TYPE NUMBER �lacktoppin� 12 � 'i Excavatin� 1 Gas Services Z General Contractor I06 FEES COLLECT�D Heating House 2•ioving & Wreckin� � Masonry pil Heating Plastering Roof ing - Sign Erectors Mis c . . TYP� Building ElecGZical �i�aGing , �'lumbing ', S i.gna � � TOTAL : 6 1 1 �255 ��6, 375. 00�, Golumn ��1 Column �i,�2 , 1973 I972 THIS YEAR LAST YEAR PERMIT I�0 . ' S ��12308-12335 $ 4,Q17.48 $ 3,538.80 $ 16,817.25 $ 40,589.58 ��9773-9822 840.85 1,051.75 14,824.55 8,298.85 ��5786-5834 1,251.00 7.00 10,355.50 9,479.25 ��6034-6061 �808.50 161.00 7,390.75 7,797.25 �' _ _ _ 0 95.00 ' �' S23.25 781.75 TOTAI� � 6, 917 . 83 � $ 4 , 853 . 55 , $ 49 , 911. 30 � $ 66 , 94f� •� � Column �1 Column if2 �.'olumn ��3 Column ��4 , Column ��S �� ' �'��y r� qT THQ TOR Of TH� TwINB , �, s � � }�.' _"' `••� . GOMHUKI�Y OEY�l07�t�Ni O�Y. � � � PROTECTiYC k�'<:•rdC110N 4oiT. � i r....� � CITV MAt,L R�71hGEV k��32 �t..--1�.� � �.� 6�2-bao-a��o i NSPECT I OrJs �3UILDI.NG 1ZOugh-ins; �oo�:ings : Framin�s and Reinspectian� Woric ivot P.e�dy or �.ejec�ed Stop tdoxic Posted Viol.ations Checked Cor,lplaints Checked Dangerous F�uildings S igns � I'Iiscellaneous �inals; Residential Finals; Com. & Industx,ial �otal Inspections • . Pei�nits zs��ea PLiJ1�:�3T.NG & liE�1TING ' Rough-ins; Reinspections Wozk I�o� P.eady ar RejecCed Danger.ous Buildings Miscellaneous Fi.nals ; Fesl.dential �i.nal.s : Com� & �ndustr�.al Tatal Inspecti�ns pexm�.�s Issued ELECTRICAL • Rougii-ins : ' . Reinspections.: � Wozk NoC Ready or RejecCed Signs DAngerous Buildings Sexvice Inspections Finals; Res�.dential k'inalat Com. & Industrial ToC�i�. Inspectians Permita Iesued ._. -- •----.-. .--. , .._ . _... . _...._ _ _.___.._ _.._ -�• - ._.� i�pJEFT � PROTEC?IV� �NSPECTIOP� SECTION . MONTNLY R�PORT � �. MONTHI.,Y INSY�CTIONS � I rauaa�G'R �tEV. p.LTE nAOE Of APPROVEG Br -�� 0-„�tl 0 11 2� ( 7 2 1 [� [� 800 ._ ' 1973 1972 THIS YEAR LAST YE11R ! SEPT. _.TQ�?��1T� � � t►1 85 293 303 . _� 43 52 321 393 45 24 - ?_84 142 2 12 29 28 0 2 30 21 f ! 15 6 163 51 � 1 1 44 47 i 0 • 14 59 101 � 37 �+3 177 110 ' 4 1 8 16 I 28 � 282 I 1337 1 1447 �i 25 . 5 357 374 6 106 6 0 68 68 0 0 1 2 0 0 36 11 � I1 366 : 357 3 ' 63 ; 41 i 47 77 i4- 3 956 959 � 568 ` 437 _ 48 33 ' 319 320 7 ' 1 50 27 0 1 0 0 0 1 1 24 � 98 30 408 122 2 20 202 49 Cqlu� 4 � { 93 .1123 J84 • 36 534 346 ��1 Column ��2 Column ��3 �;olumn ��4