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11/19/1973 - 5519[� ! 1 C� i � � � � , ' � � , , � , � � PATRICIA ELLYS COUNCIL SECRETARY RLGULAR COUNCIL MEETING NOVENIBER 19, 1973 FRIDLEY CITY COUNCIL - REGULAR MEETING - NOVE�BER 19, 1973 — 7;3� P,M, 7:39 p.m, PJ„EDGE OF ALLEGIANCE:_ Given IlVV�CATION: BY Mayor Liebl ROLL � : All present. APPKOVAL OF MINUTES: REGULAR �OUNCIL MEETING, �CTOBER Zg, 1973 adopted as presented REGULAR �OUNC�I L MEET I NG, NOVEMBER 5, 1973 adopted as presented �ANVASS OF �OTES MEETING, NOVEM$ER g, I9%3 adopted as presented ADOPTION OF AGENDA: Added: Receiving check from Mayor Liebl for wife's plan fare to San Juan. Adopted. VISITOR : ►vone. CONSIDERATION OF ITEMS NOT ON AGENDA. REGULAR MEETING, NOVEMBER 19, 1973 OLD BUSINESS� PAGE 2 DISCUSSION REGARDING FENCE FOR SKYLINE PARK �TABLED �OVEMBER 5, 19%�) , , , , , � � � � � � � � � , 1 - 1 F Eight foot fence approved with property owner paying the � difference in cost from the four foot to the eight foot. 0 DISCUSSION REGARDING POSSIBLE DONATION OF SCHOOL BUS TO THE CITY BY THE FRIDLEY �AYCEES �TABLED IVOVEh�$ER 5, 1973) , , , � . , . , � � � , . , . , , � , 2 �- 2 C Tabled until First Meeting in March, NEW BUSIN�.SS: CONSIDERATION OF FIRST READING OF AN ORDINANCE DESIGNATING CREEK AND RIVER PR•ESERVATION MANAGE— MENT DISTRICT, REGULATING THE USE AND DEVELOPMENT THEREOF, THE ISSUANCE OF PERMITS, PROVIDING PENALTIES FOR VIOLATION. � � � � � � � � � � � � � . � First reading adopted. Administration to review for possible modification in clauses which may make routine maintenance of property difficult. i 3-3I REGULAR MEETING, NOVEMBER 19, I973 NEW BUSINESS (CONTINUED) PAG E 3 RECEIVING �OMMU�IICATIONS FROM NaMEOWNERS AT 6�y�, 6�%�, AND 645� RIVERVIEW TERRACE f�EGARDTNG WAIVING HOOKUP TO CITY SANITARY SEWER SYSTEM� ��, 4-� G- Lateral charge waived, permit to be issued before January 1, 1974 with approval for work to be done in the spring. RECEIVING 7HE MINUTES OF�7HE BOaRD OF APPEALS MEETING 4F �OVEMBER �.3, 1973. , , � , , , , , � , � , 5 — 5 K 1. Variance to allocv the construction of an addition to a dwelling by Bruce Nedegaard, 171 45th Avenue N. E. approved, . 2. Variance to aliow the construction of privacy fence by Viljo Onermaa, 501 532 Avenue N. E. Approved. 3. Wall Corporation: tabled by Board of Appeais. 4. Variance to allow the construction of loading dock by D. W. Harstad for 7860 P1ain Street N. E.. Approved. 5. Variance to allow the construction to the back of the existing building by Assurance Manufacturing, 7733-35 Beech Street N. E, Approved. Minutes Received. � REGULAR MEE�fiIPdG, PdOVEMBER 19, 1973 PAGE3—A RECEIVING THE ENVIRONMCNTAL QUALITY COMMISSION MINUTES oF NOVEMBER 1�, 1973, , , , , , , , , , , , , 6 - 6 B Minutes Received. RECEIVING BIDS AND AWARDING CONTRACT SS&SW #114 , � , , , , , , , , , , , , , , , , , , , , , 7 Bids R6ceived. Contract Awarded to Minn-Kota Excavating, Inc. in the arnount of $328,848.95, subject to legal opinion on bid opening procedure and if it is determined this cannat be done, the bids would be disposed of and the contract will.b� re-bid, 0 � � � � REGULAR MEETING, NOVEM�ER 19, 1973 1�EW BUSINESS (CO�dTINUEll) PAGE 4 CONSIDERATION OF ACCEPTANCE OF OUTLOT 1, GREAT � NORTHERN INDUSTRIAL PARK -FRIDLEY, FOR STREET PURPOSES � � � � � � � � � � � � , � � � � � � � . � � � g - S C � � - � , , � � ' � � � � � I'� ' Authorization qiven for acceptance. CONSIDERATION OF APPROVAL OF ADDIfdG ADDITIONAL VOLUN"TEERS TO THE FIRE DEPARTMENT� � � � � � � � � � � 9 Approved. CONSIDERATION OF A RESOLUTION WITHDRAWING A PORTION OF THE SPECIAL ASSESSMENT ON PARCEL 2��#O, � AUDITOR�S SUBDIVISION N0� �3, �NDER THE 1973 SERVICE CONNECiION ASSESSMENT ROLL WNICH WAS APPROVED BY KESOLUTION �O, 131-1973� � � � � � � � � , l0 —10 A Resolution #151-1973 adopted. CONSIDERATION OF A RESOLUTION WITHDRAWING A PORTION OF THE SPECIAL ASSESSMENT ON TRACT E, REGISTERED LAND SURVEY N0� 3, UNDER THE 1975 SERVICE CONNECTION ASSESSMENT ROLL WHICH WAS APPROVED BY RESOLUTION N0, 131-1973� , � � � � � � , . 1�. Resalution #152-1973 adopted.. . REGULAR �EETING, NUVEMBER 19, 1973 PAGE 5 NEW BUSINESS (CUNTrNUED) APPOINTMENT: CITY EMPLOYEE� � � � � � � � � � � � � � IZ Appointed - Ronald E. Holden, Senior Engineering Aide, effective November 19, 1973, CLA I MS , � , � � � � � � � � � � , � � � � , � , � � � Approved. 13 LI CENSES , , , , , , , , , , , , , , , , , , , , , , , l4 - 14 A Approved. REQUEST FOR WAIVER OF POLICY 31 REVIEW TO METRO COUNCIL KEGARDING TFIE ISLANDS OF PEACE APPLICA— T I ON FoR LAWCON FurvDS , , , , , , , , , , , , , , , , , 15 - 15 A Authorized. Acting City Manager directed to contact Mr. Wilmes. REQUEST FOR WAIVER OF PART OF THE $gUO STORM SEWER ESCROW ON LOTS IO, I1, BLOCK l, RICE CREEK SCNOOL ADDITION� � . . � � � � . � � � . � . . Approved. �� m REGULAR MEETING, ��OV�.MBER 19, 1973 COMI�UI�ICATIOfdS: . WA�E 6 LETTER 0� ThANK YOU FROM CITY EMPLOYEES TO � THE CITY COUNGIL FQR GIVING THE �AY AFTER j THANKSGIVING OFF AS A NOLIDAY, < < , � � � � � � � � 1% — l7 B Received. . Additiona1 Discussion on Holiday for City Employees: Motion of hovember 12, 1973 amended to define City employees eligible for holiday on November 23, 1973 as those working a 40 hour work week. Considera�tion of a Resolutian to purchase ouiright Tax Forfeit Parcels at appraised value. Resolution #153-1973 adopted, Ad,journment: g:12 p.m. � 209 � � THE MINUTES OF THE REGULAR MEETING OF THE FRIDLEY CITY COUNCIL OF NOVEMBER 19, 1973 � The Regular Meeting of the Fridley City Council was called to order at 7:39 p.m., November 19, 1973 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: MEMQERS PRESENT; Mayor Liebl, Councilman Utter, Councilman Nee, Councilman Breider, and Councilman Starwalt ' MEMBERS ABSENT: None. APPROVAL OF MINUTES: REGULAR COUNCIL MEETING.OF OCTOBER 29, 1973: , MOTION by Councilman Breider to adopt the minutes of the Regular Meeting of the Fridley City Council of October 29, 1973 as submitted. Seconded by Councilman Nee. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. REGULAR COUNCIL MEETING OF NOVEMBER 5, 1973: MOTION by Councilman Breider to adopt the minutes of the Regular Meeting of the Fridiey City Council of November 5, 1973 as presented. Seconded by Councilman Utter. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. . • CANVASS OF VOTES MEETING OF NOVEMBER 8, 1973: MOTIOtJ by Councilman Breider to adopt the minutes of the Special Canvass of Votes Meeting of the Fridley City Council of November 8, 1973 as presented. Seconded by Councilman Utter. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. ADOPTION OF AGENDA: Mayor Liebl added the receiving of a check from himself to the City of Fridley for his wife's plane fare to San Juan. MOTION by Councilman Starwalt to adopt the agenda as amended. Seconded by Councilman Nee. Upon a voice vote, all voting aye, Mayor Lieb7 declared the motion carried unanimously. RECEIVING THE CHECK FROM MAYOR LIEBL FOR $173.36 FOR MRS. LIEBL'S PLANE FARE TO S N UAN: • , MOTION by Councilman Starwalt to receive the check from Mayor Liebl in the amount of $173.36 for Mrs. Liebl's plane fare to San Juarr. Seconded �by Councilman Nee. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. VISITOR: Mayor Liebl asked if there was anyone present who wished to address the Council and there was no response. OLD BUSINESS: DISCUSSION REGARDING FENCE FOR SKYtINE PARK (TABLED NOVEMSER 5, 1973): Councilman Nee asked if there would be a question in the construction of the � ', � 210 , ' ' REGULAR COUNCIL MEETING OF NOVEMBER 19, 1973 PAGE 2 fencing. He thought the property owner would need some protection. He questioned the-heaght of the fencing stating he could not determine what added amount of protection would be gained. Councilman Nee asked the Director of Parks and Recreation for his recommendation. Mr. Paul Brown, Director of Parks and Recreation, addressed the Council and said it is the recommendation of his department to instal] a fence where the park property would abut a traffic area. He indicated in this case, the park is adjacent to a driveway where there is a great deal of traffic. Mr. Brown said Mr. Tauer was not present at the current Council meeting, but he had expressed his views and request at the recent Parks and Recreation Conunission Meeting. Mr. Brown stated the four foot fence would serve the.purpose of the City in its intention to protect the children. Councilman Nee said the property had not known there would be a park in the area when the buildings were constructed. He would be entitled'to some protection. Councilman Nee said he could not see that the eight foot fence would protect the property owner any more than the six foot fence would. MOTION by Councilman Nee to authorize the construction of the fence with the City assuming the cost of a four foot fence, and if the property owner would want the added height to eight feet, he would assume the remainder of the cost. Seconded by Councilman Breider. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. ' � DISCUSSION OF POSSIBLE DOfdA7I0N OF SCHOOL BUS TO THE CITY OF FRIDLEY BY TNE FRIDLEY JAYCEES 7 BLED NOVEi�BER 5, 973 : Mayor Liebl said the matter had been tabled for the allowance of additional input from Mr. Brown, Director of Parks and Recreation and also from the Fridley Jaycees. He questioned the members of the Council on whether enough information had been furnished, Councilman Starwalt stated he is not sold on the idea of obtaining the bus, and was not in any way questioning the motives of the Fridley Jaycees in their community minded spirit and consideration of the donation. Councilman Starwalt also questioned the matter of responsibility and liability. He stressed he was not ready to say yes on the consideration of the acquisition of the bus from the Jaycees. ; Councilman Utter said he would have to go al�ong with the feelings of Councilman Starwalt. He said he would be reluctant to ta;�n down the offer, but he did not really know if this was something the City needed. He said there might be some problems brought on by the donation and he also questioned the idea of shutt7ing as from the park to Moore Lake Beach. Councilman Breider said it would be possible to shuttle a small young child to the beach without knowing it. Counci7man Utter said he would like to think about the matter more before any determination is made. � Mr. Kukowski said this id�a had originally co.me from the fact that the Jaycees • were working with the youth teams in the area. He added, the Director of Parks , and Recreation had suggested this as a possible method of doing something for the City of Fridley. Mr. Kukowski said the organization would not have to donate the bus, there may be another method of serving the same purpose. Mr, iCukowski said it was the recommendation of Mr. Brown who indicated this bus donation would be the best possible method of doing somethiflg for the City of Fridley, He pointed out the organization had been working from this recommenda- tion, and they have done what Mr. Brown had said. He indicated he knew the decision would be up to the Council. . � Mayor Liebl asked Mr. Kukowski how much of an investment the Jaycees had proposed for the bus. Mr. Kukowski responded, the original thought was to provide a ' $3,000 to $4,000 bus, but the Lhought had changed to provide a bus that was i about two to three years old and this would add a substantial amount of investment. Mr. Kukowski estimated this type of vehicle would run about $6,000 to $6,500. ; Mayor Liebl asked the cost of a new bus at the present time. Mr. Kukowski said ' this would�be in the range of $13,000. Mayor Liebl asked Mr. Kukowski if he was in a position to provide a new bus to the City. Mr. Kuk�wski said he ' �would not speak for the organization without talking the matter over with them, but he thought this may be possible. 'i ' �, ' ' � i� ' ' � � , , ' ' , ' � ' ' ' ' ' ' 211 REGULAR COUNCIL MEETING OF NOVEMBER 19, 1973 PAGE 3 Councilman Breider said on the surface, he had thought this to be a worthwhile donation and a good idea, but the more he thought and learned about the donation, the more reservations he had. He mentioned the use of the bus by the various traveling teams in the City and said the young people would use the bus and the parents would travel to the games in the cars. He indicated this was unnecessary travel if the parents were attending the games and the members of the teams were being bus ed. He questioned the need for the additional creation of liability on the part of the City. He also questioned the use of the shuttle service from the Beach. Councilman Breider said he did not feel comfortable with the thought of the acceptance of the donation. Councilman Nee said he would not want the people from the Jaycees to be misled and he thought the matter in question to be the program, not the matter of questioning the type or age of the vehicle. Councilman �e said he would like the matter to be discussed by the Parks and Recreation Corrunission. He repeated the question in the Council's mind was not a new versus an old bus. �He said he would want to be sure the representatives of the Jaycees understood the feelings of the Council. Councilman Nee said he liked the idea of the shuttle service. He said he also realized the factor of the increase in responsibility, manpower and liability. He suggested working on the matter further to determine the factors involved. Mayor Liebl said he would like the details on the donation of the bus worked out more satisfactorily: He said this should be revieWed by the Parks Commission to evaluate the questions and doubts. He said he would suggest this matter be tabled until P�arch or until the recommendations of the Parks and Recreation Corrmission could be obtained. MOTION by Councilman Utter to table the consideration of the donation of the bus by the Fridley Jaycees to the City of Fridley until the first meeting in March. Seconded by Councilman Breider. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. IDERATIQN OF FIRST READING OF AN ORDINANCE DESIGNATING CREEK AND RIVER Councilman Nee said he thought this to be a very well drafted ordinance. His only concern was he would not want to undu�Y supress maintenance and routine upkeep. He said he would hate to pass something that would limit routin� maintenance on the residential homes in the City: The City Engineer said the ordinance would apply more to the new construction in the City within the flood plain areas. He said there would not be a permit required for routine maintenance. He said his Department would go through the ordinance and clarify this point.He aqain said this would apply to additions and new construction,not routine maintenance. � ' � The City Engineer said the ordinance has been reviewed by the Department of Natural Resources. He said the ordinance would be reviewed for Mr. Nee's questions and checked with the Departmeht again. He said the ordinance is to make people eligible for insurance, not to be unnecessarily restrictive. ' � � ' ' MOTION by Councilman Nee to adopt the first reading of the Ordinance designating Creek and River Preservation Management District, Regulating the Use and Development thereof, the issuance of permits, and providing penalties for violation. Seconded by Councilman Breider. Upon a roll call vote, Breider, Starwalt, Lieb9, Utter, and Nee voting aye, Mayor Liebl declared the motion carried unanimously. RECEIVING COMMUNICATIONS FROM HOMEOWNERS AT 6490, 6470, AND 6454 RIVERVIEW TERRACE REGARDING WAIVING NOOKUP TO CITY SANITARY SEWER SYSTEM: MOTION by Councilman Utter to receive the communication from Mr. Elmer M. Johnson, 6490 Riverview Terrace, Mr. John Koprowski, 6470 Riverview Terrace, and Mr. Frank Damon, 6454 Riverview Terrace. Seconded by Councilman Starwalt. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. Mayor Liebl asked if there was any objection to the Council waiving the fees. The City Engineer said the City Council would not have the authority to waiv.e the connection, this would have to be up to the Metro Sewer Board. He explained the � 212 REGULAR .COUNCIL MEETING OF NOVEMBER 19, 1973 PAGE 4 rules adopted by Metro Sewer that all property having sewer available are required to hook up to the sewer systems by January 1, 1974. He said the authority �in enforcement would be the Chief Administrator of the Metro Sewer District. The only thing that could be done at the City level would be to waive the fridley Sewer Lateral charge. Mayor Liebl called Mr. Johnson forward and said the City would support the position of the people's request, but this authority is at the Metro Sewer Board. Again, ' the City Engineer said the City could waive the lateral charge, but they could not waive the hook up requirement, this was up to the Metro Sewer Board. Mr. Johnson said he had tried to obtain connection with the system and he was told that he lived on an impossible hill and could not hook up to the City system. He referred to the reduction in his assessed value because the City had sa9d it would be impossible to hook up to the sewer and water. Mr. Johnson said he would ask for fair, right and logical action. He questioned if the City ever provides the lift station for property owners. He stressed with the present elevation of his home and the present system, it is impossible to hook up. The City Engineer said this has been done, but it was done where there is more than one building site, and the area property owners are all assessed equally for the lift station. Mr. Johnson questioned if the three property owners would be able to share such a facility, TMe City Engineer said the property belonging to Mr. Johnson was by far the larger tharr the require�ent for one building site and the expense would have to be divided accordingly. The City Engineer again stressed, it was not the City of Fridley who was forcing the property owners to hook up to the system, it is the Metro Sewer Board. The City Engineer said he would recommend the installation of an ejector pump as this would be a relatively small cost. He continued, no matter how the property owners hook up to the system, they would have to install the ejector pumps. MOTION by Councilman Starwalt to waive the lateral charge for the aforementioned I three property owners, and that the permits for the installation can be obtained ; before the first of the year, but the work may be done in the spring. Seconded by Councilman Breider. Upon a voice vote, all voting aye, Mayor Liebl dec�ared the motion carried unanimously. RECEIVING TNE MINUTES OF THE BOARD OF APPEALS MEETING OF NOVEMBER 13, 1973: A REQUEST FOR^VARIANCES OF SECTION 45.053, 4A, FRIDLEY CITY CODE, TO REDUCE The City Engineer pointed out that the Board of Appeals had recommended approval of the variance and this would conform with the remainder of the neighborhood. MOTION by Councilman Breider to approve the variance. Seconded by Councilman Utter. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimous]y. FOR A VARIANCE OF SECTION 45.154', 3, FRIDIEY CITY CODE; TO I The City Engineer said the variance request was for the construction of a eight foot fence and the fence would be constructed on his own property and he would pay for the total construction of the fence. Councilman Starwalt said he had been on the site and the fence was to be constructed on a retaining wall which would create a 12 foot barrier. He added, if the applicant has requested this and the Park Department has no objection, he would have no objection if the property owner agrees to pay the full cost. 0 � , � � - � ' , ' �� L ..l � , ' , ' � 213 � REGULAR COUNCIL MEETING OF NOVEMBER 19, 1973 PAGE 5 MOTION by Gouncilman Starwalt to approve the variance to allow the construction of the eight foot fence at the expense of the property owner. Seconded by Councilman lttter. Upon a voice vote, a71 voting aye, Mayor Liebl declared the motion carried unanimously. A REQUEST FOR A VARIANCE Of SECTION 45.073, lA, FRIDLEY CITY CODE, TO REDUCE 'JV� R-'LY� f'11YVIVl bVV1Yl I) �- Tv piiavncre TNF SAPAF RFrNr, �401 - 5TH STREET N. E., FRIDLEY M1NNt5UIN.): The City Engineer said this item had been tabled at the Board of Appeals level. A REQUEST FOR A VARIANCE OF SECTION 45.135, l, G2, FRIDLEY GITY CODE, TO JCLT6W E 0 DING DOCK TO BE L C E IN THE R NT YARD OF N INDUSTRI L eurinrNC rn BE �oCATED O"! LOTS 5. 6, AND 7, BLOCK 1, ONAWAY ADDITION, 7HE W RF1RJ1f1V l�Vl't�fYlVl � 1lYl�. � r �v� t�1v��vv�� i�vv �.. ....� ...�...__. �.._.._'___ _• The City Engineer explained this request was for the construction of a loading dock and the 8oard of Appeals had recommended the approval of the request. He added, the area would be screened. MOTION by Councilman areider to approve the variance for the construction of the loading dock as requested by the D. W. Harstad Company, Inc. Seconded by Councilman Utter. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. - . -----. -- -- • -. �.....� �., ...r„ ��r,r rn rnirorncr N. E., FRIQLtY, M1NNt5UIN.); The City Engineer said this variance would bring the construction of the building in line with the property next to it. MOTION by Councilman Breider to approve the request for the variance by Assurance Manufacturing Company. Seconded by Councilman Utter. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. MOTION by Councilman Breider to receive the minu�es of the Board of Appeals Meeting of November 13, 1973. Seconded by Councilman Utter. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. RECEIVING TNE MINUTES OF THE ENVIRONMENTAL QUALITY COMMISSION MEETING OF NOVEMBER MOTION by Councilman Breider to receive the minutes of the Environmental Quality Commission Meeting of November 13, 1973. Seconded by Councilman Utter. Upon a voice vote, all voting aye, Mayor Liebl declared the.motion carried unanimously. RECEIVING THE BIDS AND AWARDING CONTRACT SS&SW �114: The City Engineer said he would recommend the bids be recei ved. He advised the Council thaz Minn-Kota Excavating bid was received three minutes after the bid opening started and after the bids from two other firms had been opened. MOTION by Councilman Utter to receive the bids as follows: � � � a � ; � 214 REGULAR COUNCIL MEETING OF NOVEMBER 19, 1973 Orvedahl Construction, Inc. 7711 Country Club Qrive Minneapolis, Minnesota 55427 Irving Lamppa Construction, Inc. 232 Valley View Road Chaska, Minnesota 55318 C. S. McCrossan, Inc. Box 336 Osseo, Minnesota 55369 Arcon Construction Co., Inc. Mora, Minnesota 55051 Lametti & Sons, Inc. 2560 North Cleveland Avenue St. Paul, Minnesota 55113 Barbarossa & Sons, Inc. Route 3 Osseo, Minnesota 55369 Nodland Associates, Inc. Alexandria Minnesota 56308 Marvin Rehbein Contracting, Inc. Route 2, Box 222 Forest Lake, Minnesota Hoffman Bros., Inc. Atwater Minnesota 56209 Walbon Excavating Company 3242 Highway 8 Minneapolis, Minnesota 55418 Dawson Construction Company 1803 South Ferry Street Anoka, Minnesota 55303 American Contracting 1540 Yellowbrick Road Coon Rapids, Minnesota 55433 Northdale Construction Co., Inc. 8208 Northwood Parkway Minneapolis, Minnesota 55427 Northern Contracting Company Box 650 Hopkins:, Minnesota 55343 Shafer Contracting Co., Inc. Shafer Minnesota 55074 McDonald & Associates, Inc. 211 Pascal St. Paul, Minnesota 55104 Bicon Construction Co., Inc. 1935 West County Road B2 St. Paul, t4innesota 55113 $ 382,206.00 No Bid 446,554.25 No Bid No Bid 401,984.00 660,000.00 No Bid No Bid 474,556.00 No Bid No 8id 371,784.55 465,000,00 537,267,50 429,804.20 No Bid PAGE 6 _� z15 REGULAR COUNCIL MEETING OF NOVEMBER 19, 1973 PAGE 7 Morettini Construction Co. No Bid 852 Westminster St. Paul, Minnesota 55101 • • Kamar, Inc. No Bid 330 Territorial Road N. E. Minneapolis, Mirnesota 55434 Widmer Bros., Inc. 413,303.30 P. 0. Box 235 Spring Park, Minnesota 553$4 Minn-Kota Excavating, Inc. 328,848.95 3401 85th Avenue North Minneapolis, Minnesota 55429 Dan E. Randall Construction Co. No Bid Park Construction Co. 503,817.63 7900 Beech Street Minneapolis, Minnesota 55432 Seconded by Councilman Starwalt. Upon a voice vote, all voting�aye, Mayor Liebl declared the motion carried unanimously. MOTION by Councilman Breider to award the contract for SS&SW #114 to Minn-Kota Excavating, Inc. in the amount of $328,848.95, subject to the legal opinion of the City Attorney as the bid from Minn-Kota Excavating was received three minutes after the bid opening started and after bids from two other firms had been opened, and if this contract cannot be awarded to Minn-Kota, all bids would be rejected and the City would readvertise for bids. Seconded by Councilman Utter, The Acting City Attorney, Mr. James Gibbs, addressed the Council and said he had been called by a representative of Northdale Construction Company who voiced objaction io the awarding of the contract to Minn-Kota Excavating. He said the representative had said he would be at the present meeting and Mr. Gibbs wanted it a matter of record that he was not present. UPON A VOICE VOTE, all voting aye, Mayor Liebl declared the motion carried unanimously. � • CONSIDERATION OF ACCEPTANCE OF OUTLOT 1,GREAT NORTNERN INDUSTRIAL PARK-FRIDLEY, FOR STREET PURPOSES: MOTION by Councilman Nee to accept Outlot 1, Great Northern Industrial Park- Fridley for street purposes. Seconded by Councilman Breider. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. CONSIDERATION OF APPROVAL OF ADDING ADDITIONAL VOLUNTEERS TO THE FIRE DEPARTMENT: MOTION by Councilman Utter to approve the adding of two additional vo]unteers to the Fire Departmer;�. Seconded by Councilman Breider. Upon a voice vote, all voting aye, Mayor F�:.°bl declared the motion carried unanimously. RESOLUTION #151-1973 -:��7HDRAWING A PORTION OF THE SPECIAL ASSESSMENT ON PARCEL 9340_ AUDITOR'S SUaDi`,';:�IQPJ N0. 23, UNDER_TNE 1973 SERVICE CONNEC7ION ASSESSMEN7 � MOTION by Councilman Breider to approve the withdrawing a portion of the special assessment on Parcel 2340, Auditor's Subdivision No. 23, under the 1973 Service Connection Assessment Roll and adopted by Resolution #131-1973, Seconded by Councilman Utter. Upon a voice vate, all voting aye, Mayor Liebl deciared the motion carried unanimously. RESOLUTION #152-1973 - WITHDRAWING A PORTION OF THE SPECIAL ASSESSMENT ON TRACT -- . ___ ___"'_� .........�..v�.n.i nrrrccn,lr\IT MOTIQN by Councilman Breider to adopt Resolution #152-1973 withdrawing a portion of the Special Assessment on Tract E, Registered Land Survey No. 3, under the 1973 Service Connection Assessment Roll and adopted by Resolution #131-1973. 0 � u _ 216 REGULAR COUNCIL MEETING OF NOVEMBER 19, 1973 PAGE 8 Seconded by Councilman Utter. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. • . APPOINTMENT: CITY EMPLOYEE: NAME POSITION SALARY EFFECTIVE QATE REPLACES Ronald Holden Sr. Eng. $802 November 19, 1973 Curtis 392 N. Wheeler Aide per Dahlberg St. Paul, Minnesota Eng. Dept. month MOTION by Councilman Utter to approve the appointment of Ronald E. Holden as Senior Engineering Aide effective November 19, 1973. Seconded by Councilman Breider. Upon a voice vote, all voting aye, Mayor Liebl declared the motion caCried unanimously. CLAIMS: GENERAL 33740 - 33865 . LIQUOR 8353 - 8405 M07ION by Councilman Breider to approve the claims. Seconded by Councilman Utter. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. LICENSES: TYPE OF LICENSE BY APPROVED BY FEE CIGARETTE Wickes Furniture Interstate United Public Safety $ 12.00 5353 East River Road Corp. of Minnesota Director Fridley, Minnesota FOOD ESTABLISHMENT Wickes Furniture Interstate United Health Inspector .75.00 5353 East River Road Corp. of Minnesota - . Fridley, Minnesota PUBLIC DANCE Shorewood Inn William A. Nicklow Pt�blic Safety 25.00 6161 Nighway 65 Director Fridley, Minnesota SERVTCE STATION Hudson Oil Co. of Ralph Swaney Deputy Fire Chief, 30.00 Delaware, Inc. Building Inspector 7315 Highway #65 Fridley, Minnesota CHRISTMAS TREE LOT Gordon Aspenson Gordon Aspenson Deputy Fire Chief 25.00 75th & University Ave. , (100.00 on West Service Road Depositj Fridley, Minnesota Fridley Dairy Queen Ernest L. Fitch Deputy Fire Chief 25.00 280 Mississippi Street (100.00 Fridley, Minnesota Deposit) Central_Frost 7op Sherman Hanson Deputy Fire Chief 25.00 7699 Viron Road (100.00 fridl.ey, Minnesota • Deposit) a 21? REGULAR COUNCIL MEETING OF NOVEMBER 19, 1973 PAGE 9 CHRTSTMAS TREE LOT LICENSES CONTINUED: BY APPROVED BY FEE Green Giant Garden Center Dave Rick Deputy Fire Chief $25.00 7620 University Avenue N. E. (100.00 Fridley, Minnesota Deposit) fridley Target Store Newcomb Brothers Deputy Fire Chief 25.00 755 53rd Avenue N. E. Nursery (t00.00 Fridley, Minnesota Deposit) FOOD ESTABLTSHMENT own r�er anca e Craig Vargo Health Inspector� 12.50 7730 University Avenue (Prorated) Fridley, Minnesota GAS SERVICE ` Pioneer Power, Inc. Allan Anderson W. Sandin 25,00 570 Hatch Avenue St. Paul, Minnesota 551U GENERAL CONTRACTOR Camp Construction Company Wi)liam D. Camp C. Belisle 25.00 6280 UniVersity Avenue�N. E. Fridiey, Minnesota 55432 H. & R. Builders 6402 42nd Avenue Ncrth Crystal, Minnesota 55427 Harrold Warren C. Belisle 25.00 Walburg Builders, Inc. Walter Walburg C. Belisle 25.00 1323 Skywood Lane N. E. _ Fridley, Minnesota 55427 . NEATING A. Binder & Son Incorporated 120 East Butler West St. Paul, Minnesota 55118 Di.ck Binder W. Sandin • 25.90 Pioneer Power, Inc. 570 Hatch Avenue St. Paul, Minnesota 55117 Allan Anderson W. Sandin 25.00 MASONRY . Norsk Concrete Construction Inc. 4650 Johnson Street N. E. � Minneapolis, P9innesota 55421 James Jackson C. Belis7e 25.00 MOTION 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. RE UES7 FOR WAIVER OF POLICY 31 REVIEW TO METRO COUNCIL REGARDING THE ISLANDS OF PEACE APPLI ATION F R LAWCON FU DS: MOTION by Councilman Breider to approve and authorize the sending of the letter to Mr. John Boland, Chairman of the Metro Council concerning waiving the policy 31 review on the application for LAWCON Funds by the Islands of Peace. Seconded by Councilman Utter. !)pon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimoualy. - Mayor Liebl directed the Acting City Manager to send a copy of the letter to Mr. Ed Wilmes� Chairman of the Islands of Peace Foundation, � 218 REGULAR COUNCIL MEETING OF NOVEMBER 19, 1973 PAGE 10 REQUEST FOR WAIVER OF PART OF $800 STORM SEWER ESCROW ON LOTS 10 AND 11, BLOCK l, RICE CREEK SCHOOL ADDITION: MOTION by Councilman Starwalt to waiver a part of the $800 escrow requirement for Lots 10 and 11, Block 1, Rice Creek School Addition and set the amount as recommended by the Administration at $150. Seconded by Councilman Utter. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously, COMMUNICATIONS: LETTER OF THANK Y4U FROM CITY EMPLOYEES TO THE CITY COUNCIL FOR GIVING THE DAY AFTER THANKSGIVING OFF AS A HOLIDAY: MOTION by Councilman Breider to receive the letter from the City employees. Seconded by Gouncilman Utter. .Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. A discussion then followed concerning the inclusion or exclusion of the City of Fridley Patrolmen in the Council option holiday, November 23, 1973, the day after Thanksgiving. The Acting City Manager informed the Council that this Council option holiday had been administered similar to Council option holidays that have been given in the past. The policy of the Council has been to give the•holidays to City employees, exclusive of the Police, due to the fact that the Police had previously negotiated a four day on, two day off schedule, or 37� hour work week in lieu of holiday pay. This, in effect, gave the Police Officers approximately 16 days off a year. As recently as 1972, City Employees holidays were reduced from a possible eleven days to nine days due to the Federal Holiday Law. The Police Officers were unaffected by this decrease in holidays. The City Engineer/Acting City Manager stated, the employees to be included in the holiday is entirely up to the City Council. MOTION by Councilman Utter to grant the Police Officers the day off for November 23, 1973 if it can be worked into their schedule as regular time and ,. not double time. MAYOR LIEBL DECLARED 7HE MOTION DEAD FOR LACK OF A SECOND. � MOTION by Councilman Breider to redefine those City employees entitled to the holiday the day after Thanksgiving as those City employees working 40 hours per week. Seconded by Councilman Starwalt. Councilman Utter said he had made the origina7 motion and he intended all City employees to have the day off. Councilmari Breider said he had voted on the ' prevailing side and was entitled to amend the motion. Mayor Liebl agreed, Councilman Breider would have the right to amend the motion. . Councilman Nee said when the motion was made, it was his understanding that the holiday would apply to everybody, He said in light of the additional infor- mation on the matter, he would support the motion. Councilman Nee said he would agree with the feeling of Councilman Starwalt that no additional holidays be granted in the future. He added, he disagreed with the Acting City Manager. He � stated the amount of the holidays should be set so the people would know what i they are entitled to. He said the point was raised that the people working in I City Hall should be rewarded for good work, and he was not in a position to evaluate the work of any of the people working there. He pointed out that this is prohibited under the City Charter. Council�man Nee said the members ' of the City Council should keep their noses out of the Administration of City Hall. He said the Council is to rely on the judgement of the City Manager on Administration recommendations. Councilman Nee again said he would vote for the motion, but thought the idea of granting optional holidays to be bad personnel policy. He said the Council � should not be patronizing to the employees and the employees should not be patronizing to the members of the Council far granting them a special holiday. The Acting City Manager opposed the view that this was against the Charter saying the Council in the past has always gone by the recommendations of the City Manager. He pointed out in n�unicipal operations, there are a very limited amount of ways that appreciation can be shown for excellent service to the employee. Ne stated in private enterprises, bonuses and gifts can be given to the employee, but this is not possible in government. Ne said this would be the one vehicle the City could use to award the employees and.this had always been done in the past. He again stressed, the employees had lost two days in 1972. � i CI� � � ' ' � L.� � � � � � � � I I � I� � . ' ' � I � i � � ' I ' ' I ' , ' ' � ' � �.' �. . , � ; I ' , ' . ' . � � REGULAR COUNCIL MEETING OF NOVEMBER 19, 1973 PAGE �� Councilman Nee suggested the days be given back to the employees as a matter of policy. The Acting City Manager said this optional ho]iday system had, never caused any problems in the past. UPON A VOICE VOTE, Nee, Breider, Starwalt, and Liebl voting aye, Utter voting nay, Mayor Liebl dec7ared the motion carried. RESOLUTION #753-1973 - AUTHORIZING TNE PURCHASE OF TAX FORFEIT PARCELS AT APPRAISED VALUE: MOTION by Councilman Utter to authorize the purchase of tax forfeit parcels at appraised value. Seconded by Councilman Starwalt. 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, P1ayor Liebl declared the motion carried unanimously and the Regular Meeting of the Fridley City Council adjourned at 9:12 p.m., November 19, 1973. Respectfully submitted,� ��J L� Patricia Ellis Secretary to the City Council Date Approved. Frank G. Lieb7, Mayor 21.� i k � l t ; , i�l . � � �b� g LFRIDLEY CITY COUNCIL MEETING � �LEASE SIGN NAME ADDRESS AND ITEM NUMBER INTERESTED IN DATE:�r=,7 jj% v. % 3 AME ADDRESS I7EM NUMBER - n _, �� 7; ===,�h ,� _�. _-- _ __-= I=�==-___� ___-_____ �___________________-__(__ �=____` � � , � _ � �---�- � - ,l� �, �, � .. �! -�� %f-, � � � � �� i� � � .� �� c�r�� z� /'�� l�c��2' ' G�3/�-%�-��/= "a.�'Z�-�.-J z: � � S � �--� o �%,. ��-s . %`� �s-S'. ' _ . , FRIDLEY CITY COUNCIL - REGULAR �1EETING - NOVEMBER 19, 1973 - 7,�� P,�I, 1 PLEDGE OF ALLEGIANCE: 1 ' VOCAT ON: � � ' ROLL CALL: , APPKOVAL OF MINU ES: - IREGULAR COUNCIL MEETING, OCTOBER Z9,� Ig�3 �' • REGULAR COUNCIL MEETING, NOVEMBER S, ZJ%3 `' CANVASS QF VOTES MEETING, NOVEMBER g, 1973 ' �ADOP�f I ON OF AG N A; 1 � . � 1 1 VISITOR : - � ' CONSIDERATION OF ITEMS NOT ON AGENDA � , � ' ' REGULAR MEETING, NOVEMBER 19, 1973 ��: PAG E 2 DISCUSSION REGARDING FENCE FOR SKYLINE PARK �TABLED NOVEMBER 5, 1973) , . , � . � . , , , , , , . , 1 - 1 F DISCUSSION REGARDING POSSIBLE DONATION OF SCHOOL BUS TO THE CITY BY THE FRIDLEY �AYCEES �TABLED NOVEMBER 5, 1973) , , , , , , , , , , , , , , , , , , , 2 � 2 C NEW BUSINESS: CONSIDERATION OF FIRST READING OF AN ORDINANCE DESIGNATING CREEK�AND RIVER PRESERVATION MANAGE- MENT DISTRICT, REGULATING THE USE AND DEVELOPMENT THEREOF, THE ISSUANCE OF PERMITS, PROVIDING PENALTIES FOR VIOLATION� � � � � � � � � � � � � � � � 3 � 3 I � REG�ULAR MEETING, NOVEMBER 19, 1973 N�W BUSINESS �(CONTINUED) PAGE 3 RECEIVING COMMUNICATIONS FROM NOMEOWNERS AT 6490, 6470, AND 6454 RIVERVIEW TERRACE �EGARDING WAIVING HOOKUP TO CITY SANITARY SEWER SYSTEM� �� 4- 4 G RECEIVING THE MINUTES OF THE BOARD QF APPEALS MEETING OF NOVEMBER 13, 1973� , � � � � � � � � � � � 5 � 5 K RECEIVING THE ENVTRONMENTAL QUALITY COMMISSION MINUTES OF �OVEMBER 13, 1973� � � � � � � � � � � � � RECEIVING BIDS AND AWARDING CONTRACT SS&SW #114, , , , , , , , , , , , , , , , , , , , , , � � : 7 ' 1 � , ' �� , �J ' i I , � � REGULAR MEETING, NOVEM�ER 19, 1973 NEW BUSINFSS (CONTINUEll) PAGE 4 CONSIDERATION OF ACCEPTANCE OF OUTLOT �., GREAT NORTHERN INDUSTRIAL PARK - FRIDLEY, FOR STREET PURPOSES , � , � � � � . � � . � � � . � � � . . . . � � g - $ C CONSIDERATION OF APPROVAL OF ADDING ADDITIONAL VOLUNTEERS TO THE FIRE DEPARTMENT, � � � � � � � � � � 9 CONSIDERATION OF A RESOLUTION WITHDRAWING A PORTION OF THE SPECIAL ASSESSMENT ON PARCEL Zj�iO, AUDITOR'S SUBDIVISION N0, 2�, UNDER THE 1973 SERVICE CONNECTION ASSESSMENT ROLL WHICH WAS APPROVED BY i�ESOLUTION N0, 131-1973, , � � � .�� 10 -10 A CONSIDERATION OF A RESOLUTION WITHDRAWING A � PORTION OF THE SPECIAL ASSESSMENT ON TRACT E, REGISTERED LAND SURVEY N0, 3, UNDER THE 1975 SERVICE CONNECTION ASSESSMENT ROLL WHICH WAS APPROVED BY RESOLUTION No, 131-1973, , , , , , . . , , 11 REGULAR MEETING, NUVEMBER 19, 1973 PAGE 5 NEW BUSINESS (CUNTINUED) APPOINTMENT; CITY EMPLOYEE� � � � � � � � � � � � � � IZ 0 CLAIMS, , , , , , , , , , , , , , , , , , , , , , , , 13 _ LI CENSES , , , , , , , , , , , , , �, , , , , , , . , , 14 - 14 A REQUEST FOR WAIVER OF POLICY �1 REVIEW TO METRO COUNCIL REGARDING THE ISLANDS OF PEACE APPLICA- T I ON � FOR LAWCON FuNDS ,� , , , , , , , , , , , , , , , , 15 - 15 A REQUEST FOR WAIVER OF PART OF THE �gUO STORM SEWER ESCROW ON LOTS 1O, 11, BLOCK �., RICE � CREEK SCHOOL ADDITION� � � � , , � � � � � � � � � � 16 REGULAR ME�:TING, r�OV�MBER 19, 1973 COMMU N I CAT I OP�S : LETTER OF THANK YOU FROM CITY EMPLOYEES TO TNE CITY COUNCIL FOR GIVING THE llAY AFTER THANKSGIVING OFF AS A HOLIDAY� , � � � � � � . � � � :� � � PI�GE 6 17 - 17 B . � THE MINUTES OF THE REGULAR COUNCIL MEETING OF OCTOBER 29, 1973 � ,,, _ .� , ,: . ;; �:, IG6 � THE MINUTES OF THE REGULAR MEETING OF 7HE FRIDLEY CITY COUNCIL OF OCTOBER 29, 1973 The Regular Meeting of the Fridley City Council was called to order at 7:40 p.m. October 29, 1973 by Mayor Liebl. PLEDGE OF ALLEGIANCE: Mayor Liebl led the Council and the audience in saying the Pledge of Allegiance to the flag. INVOCATION: Mayor Liebl offered the Invocation. ROLL CALL: MEMBERS PRESENT MEMBERS ABSENT Councilman Breider, Councilman Utter, Mayor Liebl, and Councilman Nee. � Councilman Starwalt. Mayor Liebl indicated for the record that Councilman Starwalt's absence was due to his required attendance at another meeting. � PRESENTATION OF AWAR�S: CERTIFICATES OF APPRECIATION: CAROLINE WILLIAP4S - ACTION IN SAVING A CHILD FROM DROWNING: Ms. Williams was not present. Mayor Liebl directed the Acting City Manager to forward the certificate to Ms. Williams. DAVID TODD - ACTION IN SAVING A CHILD FROM DROWNING: Mr. Todd was called forward to accept tMe award, Mayor, Liebl addressed Mr. � Todd and read the certificate aloud to the Council and audience. Mayor Liebl presented the award to the recipient and thanked him for his action. The members of the Council stood and applauded the actions of Mr. Todd. SHEILA PATTERSON.- ASSISTING POIICE DEPARTMENT.WITH BURGLARY INFORMATION: Miss Paterson came forward and Mayor Liebl read the inscription on the certificate aloud to the Council and audience. Mayor Liebl presented the framed certificate to Miss Patterson and said she was a shining example of .a good citizen of the City of Fridley. The members of the Council and audience stood and applauded Miss Patterson for her actions. EVERETT R. JOHNSON - ASSISTING POLICE DEPARTMENT AT SCENE OF ACCIDENT: Mayor Liebl called on Mr. Johnson to come forward and accept the certificate of appreciation. Mr. Johnson came forward and Mayor Liebl read aloud the information on the certificate. Mayor Liebl thanked Mr. Johnson for his acts of kindness to hi� fellow man and asked for God's blessing for his help to the City of Fridley Police Department and his fellow man. The Council and audience responded with applause. APPROVAL OF MINUTES: REGULAR MEETING Of OCTOBER l, 1973: MOTION by Councilman Nee to adopt the minutes of the Regular Council Meeting of October 1, 1973 as submitted. Seconded by Councilman Breider. Upon a voice vote, a11 voting aye, Mayor Liebl dec7ared the motion carried unanimously. ADOPTION OF AGENDA: Mayor Liebl had no additions to the agenda and asked the other member.s of the Council if there were any additions to be submitted. There was no response. � i� � , I I� ' -- _______ _ _-- - . 167 REGULAR CQUNCIL MEETING QF OC706ER 29, 1973 PAGE 2 MOTION by Councilman Breider to adopt the agenda as presented. Seconded by Councilman Utter. Upon a voice vote, all voting aye, Mayor.Liebl declared the motion carried unanimously, VISITORS: Mayor Liebl asked if there was anyone present who wished to address the Counci] under the Visitor's section and there was no response. PUBLIC HEARINGS: PUBLIC HEARING ON IMPROVEMENT: STREET IMPROVEMEN7 PROJECT ST. 1974-3: ' , MO7ION by Councilman Nee to waive the reading of the Public Nearing notice. Seconded by Councilman Breider. Upon a voice vote, all voting aye, Mayor Liebl deciared the motion carried unanimously and the Public Heari�ng opened at 7:50 i p.m. ' The Acting City Manage,/City Engineer, Nasim Qureshi, said this improvement would be on T. H. #65 from south of 53rd Avenue to the South City limits. He informed the Council that the City of Fridley would be working with the City of Columbia Fieights in the � improvement of 53rd Avenue to provide additional lanes and better traffic control. � ' The City Engineer pointed out that drainage facilities, curbing and gutters, piping and the elimination of the ditches would be accomplished. He added, the intersection of 52nd and Highway #65 would be channa1ized more effectively. � The City Engineer stated �ridiey's share of the entire constraction project would be $92,850.38. He explained there had been some monies provided for the storm sewer construction 9n the area, and some of this money would be u'sed for this system. Ne indicated other monies would be assessed against the abutting properties. ' .; MO7ION by Councilman Utter 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 7:59 p.m. � � OLD BUSINESS: 552 - REGULATING THE PARKING OF CERTAIN COMMERCIAL VEHICLES UPON THE e P",ayor Liebl called on the City Attorney for his views concerning the proposed ordinance. � The City Attorney advised the Council he�would recommend the second reading be adopted in its present form. The City Attorney informed the Council he had been in contact with the Highway Department and they will be discontinuing the Urban License procedure after the next session of the Leg�siature. He said it could be amended after this time, but he would suggest giving the ordinance a try in its present form. He , indicated he had talked ot the Public Safety Director, and it was his request that brought the proposed ordinance into being. .�. ' ' I� � � � MOTION by Counc9lman Breider to waive the Second Reading of the Ordinance, adopt the Second Reading of the ardinance and order publication. Seconded by Councilman Utter, indicating this tivould be for discussion purposes. Councilman Utter said he believed this would not be a proper weight limit and as he had said before, if the weight limit were to be included in the ordinance, a lower weight should be used. - UPON A ROLL CALL VOTE, Breider, Liebl, and Nee voting aye, and Utter voting nay, Mayor Liebl declared the motion carried three to one. ORDINANCE #553 - TO APIEND CIiAPTER 11, SECTION 11.10, FEES, OF THE CITY CODE OF THE C OF FRIDLEY HOUSE h10VERS : Mayor Liebl recalled Councilman Starwalt felt this should be increased to a higher rate for the permit fees. He suggested raising this amount to $10. The Acting City Manager said that letters had been sent to all of the movers that � i 168 � , ' ' II � ' REGULAR COUNCIL MEETING OF OCTOBER 29, 1973 PAGE 3 were licensed in the City of Fridley with the invitation to them to attend the present meeting because of the possibility of amending the amounts in the ordinance. Mayor Liebl asked if there was anyone present who would like to make any remark about the suggested change in the fees, There was no response. MOTION by Councilman Utter to amend the proposed ordinance to change the $5 permit fee to $10 per permit. Seconded by Councilman Nee. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. MOTION by Councilman Utter to waive the Second Reading of the Ordinance, adopt the Ordinance and order publication. Seconded by Councilman Nee. Upon a roll call vote, Liebl, Utter, Nee, and Breider voting aye, Mayor Lieb7 declared the motion carried unanimously. ORDINANCE #554 - REZONING REQUEST ZOA #73-10 BRYAN7-FRANKLIN CORPORATION FROM C-1 AND C-2 70 M-1, THE SAME BEING 290 7 RD EP! .E.: , MOTION by Councilman Breider to waive the Second Reading of the Ordinance, adopt the Second Reading of the Ordinance and-order publication. Seconded by Councilman Nee. Upon a roll call vote, Liebl Utter, Nee, Breider voting aye, Mayor Liebl decTared the motion carried unanimously. � � � CONSIDERATION OF A RE UEST fOR A REAL ESTATE OFFICE, 6305 EAST RIVER ROAD BY JONN DOYLE TABLED OCT06tR 15. 1973 : AND RECEIVING PETITION #14-1973, SUQMITTED BY PROPERTY OWNERS IN THE VICINITY OF 6305 EAS7 RIVER ROAD: Mayor Liebl called on Mr, Jeffery Carson, Attorney representing Mr. Doyle, to present his situation to the Council. Mr. Carson addressed the Council and stated they had appeared before that body ' on October 15, 1973, when it was the indication of the Council that a Specia7 Use Permit would be denied. Mr. Carson continued stating the Council had given the applicant to the present meeting to come up with a satisfactory solution to comply with the home occupancy ordinance. He indicated Mr. Doyle had anticipated having his son occupy the home, but had been told by.meinbers of the Council that this would , not satisfy the home occupancy ordinance. He stressed, it was the opinion of the Councilmen that the applicant had to move himself and his family into the home to satisfy this requirement. He said at this point, Mr. Doyle gave up his intention to have his son occupy this home, as he thought only absolute home occupancy would ' be allowed. Mr. Carson informed the Council of the actions of the past week stating Mr. Doyle had put the home up for rent and applied for R-2 rezoning in the area, Mr. Carson said the next step would be to go to the Planning Commission with the proposal outlined; but last week Mr'. Doyle had met with the people of the neighborhood and they were concerned with the R-2 rezoning of the area. He said , the people favored Mr. Doyle's use.of the business as he is at the present time over the possibility of rezontng for dupiexes or double bungalows. Mr. Carson said the area property owners had drafted a petition to present to the � Council which indicates the people would prefer the use of the property as a rea) estate business, however, it would be accomplished through a special use rather than rezoning. I� � , � I � Mr. Loren Wolle, 33 63rd Way, presented the draft to the Council. Mayor Liebl read the petition aloud to the Council and audience. Mayor Li�bl indicated that ten people had signed the petition and he read the names of those people aloud. Mayor Liebl said the people who had signed the petition were all abutting property owners, Mayor Liebl read the stipulations as drafted by the property owners aloud to the Council and audience. They are as follows: 1. Parking lot: a) Lot size sufficie.nt for five cars. b) �Asphalt surfacing. c) Bumper curbs, �' 169 , REGULAR COUNCIL MEETING OF OCTOBER 29, 1973 � ' � ' ' � , ' ' ' � PAGE 4 d Short privacy shrub around the parking area. e Space sufficient to turn cars around to drive out of the lot. 2. Hedges to the south to be trimmed in a neat orderly manner to enhance the looks of the community and provide privacy. 3. Specialized use is to apply, only to John R. Doyle or one of his immediate family and shall terminate if this business vacates the property. During this special use period, none of the proposed property is to be sold. 4, During special use period, zoning is to remain consistant with surrounding neighbors. 5. Maintain all fences belonging to the property in at least better than present state of repair. MOTION by Councilman Utter to receive the petition from the abutting property owners, Petition #14-1973. Seconded by Councilman Nee. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. Mayor Liebl asked the City Attorney for his counsel on this proposal. He said the stipulation of only allowing this type of use by Mr. Doyle would indicate the Council was not setting a. precedent. Mayor Liebl said the man may be forced t� develop the land at this time if he cannot operate in the manner requested. He again asked the City Attorney for direction in the matter. The City Attorney said if the Council is interested irr��ermitting use of the property as it is suggested, the only way this could be done is through home occupancy. He said it would be up to Mr. Doyle to indicate his interest of having his son occupy the property, and work for the Company. He indicated if the conditions are met, he can qualify for the home occupancy under our zoning ordinance. He said there could be an agreement between the City Council, City staff and Mr. Doy]e that he would be in compliance. He said he would have to advise the Council and Mr. Doyle that if some neighbor would not agree to the conditions as agreed between the City and Mr, Doyle, the person could ask for a court determinati"on and a judge would made the judgement. The City Attorney said if this would be satisfactory to the Council and Mr. Doyle, it could be considered. The City Attorney said he would like to raise a question that had not been incorporated � in the petitiorr and this would be the need for the var�ance in the requirement for the sign to be two square feet in area within residential areas. He said he would assume there would be a desire for this sign ordinance to be waived. He said the requirement is very small and the Council could grant a variance and he would be able to operate as a real estate business. , � � � , � � Councilman Breider questioned the area being in a transitional state and thought this was in conjunction with the Comprehensive Plan. He said someday in the future, it may be zoned to some other zone and use. The City Attorney indicated he had mentioned this type of zoning to the Council the previous meeting of the Council. He thought this may be a consideration and there may be a need for transitional zoning. 7he City Attorney recalled he had never read anything on this type of zoning and did not know of a corronunity that did use it. He suggested it may be good for the community and it should go�to the Planning Commission for their consideration and recommendations. Councilman Breider pointed out the area was undergoing a change in complexion and it was the feeling of the people that this change not take place at the present time. He said he thought there should be someway to handle this type of situation in a flexible manner in the meantime. Councilman Breider stated, under the present zoning code, this could not be done. He added the problems are with only one case 'now, but next year there may be more requests. Councilman Utter said the reason the people had come up with the agreement is because they feared the area would be rezoned. He stressed, they do not want the area rezoned, they want it R-1 as it is now. Councilman Utter said the people had heard if the Planning Commission had turned this down the applicant could take the matter to court. Ne indicated there were some of the neighbors who would not sign the agreement because of the first paragraph of the petition. He said as long as Mr. Doyle has gone to some steps to have someone live in the house, perhaps some agreement could be 17d � , ��I � REGULAR COUNCIL MEETING OF OCTOBER 29, 1973 PAGE 5 reached, Counci•lman Utter said the people would accept this more than the agreement, Mr.hDoylerwould�wanthto complyebecauseehegwouldnwantCtonoperateUineagreement with9the area people. Councilman Nee questioned Nirs. Gerber on her views of the situation. Mrs. Gerber � said they had been fighting for a long time. She stated she did not realize Mr. Doyle had a son oid enought to occupy the home. Mrs. Gerber said she would prefer neighbors to a business in the area. She continu e d s a y i n g s h e b e l i e v e d t h e p e o p l e o f t he area a r e being pressured. She pointed out they had been told he would operate his business there or build double bungalows or duplexes. Mrs. Gerber said she did not $ink any ' of the proposals were desirable in that area, She referred to the Comprehensive Plan and said she did not know of any peopie a�ho would want the area changed at the present time. ' ' �_ � � I , I Mayor Liebl said he would like to find out which of the neighbors are opposed to the use of the home as a business. He said as far as he knew, not one neiohbor opposed to Mr. Doyle operating the business on the property, Mayor Liebl thought the people were opposed to the rezoning of the property. He again questioned Mrs. Gerber asking if she was opposed to Mr. Doyle using the property for the operation of his business. Mrs. Gerber answered she would have the choice of the business, double bungalows, or duplexes. Mayor Liebl said this was not correct, they would still have some choice in the usage. Mrs, Gerber pointed out to the Council that there is already one half block of double bungalows in the area and if there is more in this area, there would be a complete portion of the one half block with double homes, back to back. She suggested this would devalue their property and this wou7d be very undesirabie. Mayor Liebl asked if there was anyone present who wanted to speak. Mr. John Othoudt, 20 63rd Way N. E., said he would not be opposed to the operation � of the real estate office in the location, but he would oppose the requested rezoning. He indicated,�he thought they should wait and see what would be coming into the area in the future. � � , Mayor Liebl said Mr, Othoudt would definitly oppose rezoning, but would not be opposed to the business for a limited amount of time. Mr. Othoudt said he wou7d not oppose the limiied use, and would oppose any rezoning. Mr. Lewis Doyle, 25 63rd Way N. E., addressed the Council�and stated he did r�ot see any reason arhy he could not opperate his business from that location, Mr. Ed Eliis, 70 63rd Way N. E., addressed the Council and stated all of the discussion was concering something that would be illegal. He said the City Attorney said this would be illegal and the only way this cou]d be done is if Mr. Doyle's, son would occupy the home. He said if this is not done, what is the plan? He asked if they would be considering the Special Use Permit, and added, this would go against the advice of the City Attorney. ' The City Attorney said the only way this could be done is if Mr. Doy]e's son wou]d iive in the house. He said Mr. ElTis is asking if Mr. Doyle's son would be moving into the house. He asked if there would be any objection to specifying a limited amount of size in the �uture, , �� , � I �_� Councilman Breider said under the home occupancy ordinance, the requirements for parking and specified items are much more restrictive than the petition drawn up by the people. Councilman Nee questioned the City Attorney asking if it would,be possible to table the matter and suspend the ordinance for a period of one year, depending on the action of the Planning Commission, The City Attorney said this is similar to what he had been trying to say. He would suggest an agreement between the Council and Mr. Doyle that would indicate compliance and this would comply with the ordinance. Councilman Nee asked Mr. Doyle if it would be possible for his son to live in the housei i � ' � REGULAR COlJNCIl.. MEETING OF OCTOBER 29, i973 PAGE 6 Mr. Doy7e said he would like to answer Councilman Nee's question. He indicated he had discussed the possibility of his son living in the horoe with his son and this had been done some time ago. After this time, he had taiked with the Councilmen and they had said he would have to occupy the home. He said he had been told his son living in the home would not comply with the letter of the code. At his time Mr. Doyle dropped the issue with his son and it had been a long time since the matter had been discussed with him. Mr. Doy1e said since his son would be deeply involved in the plan, he could not commit him without first getting his fee�ings. 171 � Councilman Nee said Counciiman Utter and Mayor Liebl had each expressed one half of the dilemma and he happened to agree with both of their points. Counci]man Nee said if there 9s a force for change in this area, it was ccming from Mr. doyle, and he did not think this is where it should come from. He expressed the concern for the neighbors and said whether or not this wouid be able to work would be the � question in his mind. He thought any change should come from a broader base. He 911us�rated as an example of total neighborhood planning as what is happening in Hyde Park and this is so current the entire results cannot be determined at the , present t�zne. Councilman Nee said the present property owners should receive the ' benefit from such a transition if there is a benefit to be made. He said the Nyde Park area had not been totaly planned as it may have been. Counciiman Nee continued saying be believed the people should have the leadership of the Planning Department and the Council, and this wouid be to see if the neighborhood would � want to do something. Councilman Nee said he did not believe pressure from Mr. Doyle should be the precipitating factor. Councitman IVee said Mr. Doyie shouid •not have the right to submit change unless the neighborhood planned this also. He pointed out that just because there is a petition, this does not mean the request would become a reality, Councilman Nee stressed the thought that the � Planning Department should look at the area. He said if it would be iegal, he would like to table the matter for a year and suspend the enforcement of the ordinance. Ne said if it would not be legal, he cou7d not iive with the constant vioiation of the law. , � � � , � The City Attorney said the important qu�stion at the present time would be who is going to live in the location to execute a legal use of the R-1 zoning. Counci7man Nee said he would like some indication from the people that had signed the petition if they were willing to allow the use of the location without the stipulation that the parking 1ot be asphalt. He indicated this may be too much of an expense if the use of the property were to be only one year. He questioned if it would be reasonable to enforce this point when h2 may not be there more than a year. Mr. Wolle said it would be important to see that something is done with the hedges and other areas to make the location look presentabie. He said natural fencing that is on the property should be kept up. He stated he would not want the conditions to go down hill, Ne indicated it may be senseless to require the man to put in the asphalt lot when he may only be there for one year, Mrs'. Gerber said she would not want to impose a hardship on Mr. Doyle. She stressed the area should be studied and the people should"be invoived in the study. Councilman Nee said he thought it may make sense to float the �resent issue and take a look at the study of the overall area. Councilman Nee said he would not want the people to think the area shou]d be rezoned, and he thought it should not be.. He said he thought the Planning Commission should have a chance to study the area. Mrs. Gerber questioned if the man would want his parking situation to remain as it I is at the present time, Mr. Doyle said he would be able to get along. Ne said some area for parking in the front of the building would be.more desirable. Mrs. Gerber asked what could be done on a temporary basis that all could agree on. Mr. Doyle agreed the asphalt would be expensive and said crushed reck could be used. Mrs. Gerber asked if this cou]d be used as a base for the asphalt if everything � � goes well. Mr, Doyle said yes, this is done quite often. Mrs. Gerber said she cou)d go along w9th this. Councilman Nee said if Mr. � the home, there would be no a motion, � Doyle were to te11 theCouncil that his son was to occupy issue before the Council, he questioned the need for � 172 ' REGULAR COUNCIL MEETING OF OCTOBER 29, 1973 PAGE 7 The City Attorney said if it would be the consensus of the Council, and by Councilman � Nee, the Acting City Manager could send Mr. Doyle a letter summarizing the consensus of the Council and their concerns which have appeared within the discussion at the present meeting. This wouid put the intentions and concerns of the Council and the people in writing, there would be something on record. Mayor Liebl asked if this � would include the waving the requ9rement on sign limitation. The City Attorney agreed, but indicated no sign size had been discussed at the present time. He suggested some indication of the proposed size so the staff would have an idea what the Council had agreed to. He said Mr. Doyle should state that this would be under the conditions that his son would live in the home. He said if this was done at the � present time, the applicant would not have to come back to the Council for fur.ther discussion. I 1 ' � � u Mr. Carson said he had asked Mr. Doyle what size sign would be installed and Mr. Ooyle answered he would prefer a four by six foot sign. Mayor Lieb] said the applicant would want the people to know there is a real estate business there. The City Attorney suggested either a three by five, or a four by four sign, this would allow for about the same square footage. Councilman Utter suggested a three by four foot sign. MOTION by Councilman Nee to authorize the Acting City Manager to summarize the discussion at the present Council meeting in letter form to be submitted to Mr. Doyle, and advise Mr. Doyle that if his son is in residence, the Council would waive the sign ordinance to allow the construction of a sign comparab7e to the square footage on the DeGardner sign (The DeGardner sign was measured by the inspection department, and this sign is three by four or twelve square feet). Seconded by Councilman Utter. The City Engineer said he would write such a notice to Mr. Doyle. He questioned if the stipulations from the petition should be those indicated in the communication to Mr. Doyle. He said he felt.this is.what tha neighbors want as they had signed the peiition. He questioned•if all the other stipulations such as the bumper curbing should be included in the stipulations, He indicated the crushed rock would be stabilized base. � UPON A VOICE VOTE, aii voting aye, Mayor Liebl deciared the motion carr�ed '�"' unanimously. � ' , ' MOTION by Councilman Nee to direct the Planning Department to begin the planning � process in the neighborhood and provide the peopTe with some concepts for dir�ction. Mayor Liebl said this would include the entire area from south of Mississippi to 61st. SECONDED by Councilman Utter. Upon a voice vote, all voting aye, Mayor Liebi declared the motion carried unanimously. CONSIDERATION OF�DESIGNWARE INDUSTRIES, INC., REQUEST TO DISCUSS THE FIRE HYDRANT S�IPUL �ION: Mayor Lieb] asked the City Engineer what the problem was. 7he City Engineer said this would concern one of the stipulations in the permit. He said there are two firms involved in the matter and this would be Designware and the Fridley Bus Company. He explained that the firms representatives were not available for the present meeting and had requested this be discussed at the November 12, 1973 meeting of the Council. ' MOTION by Councilman Breider to tabie the consideration of the Fire Hydrant Stipulation of Designware until the November 12, 1973 meeting of the Fridl•ey City Council. Seconded by Councilman Utter. Upon a voice vote, a]1 voting aye, Mayor Liebl declared the motion carried unanimously. ! RECEIVING THE MINUTES OF THE PLANNING COMMISSION MEETING OF OCTOBER 17, 1973: A � , EST FOR A SPECIAL USE PERMIT, SP �73-10, QY TRYGVE OLSEN: PER FRIDLEY N. E. � REGULAR COUNCIL MEETING OF OCTOBER 29, 1973 ' , ' � ' , PAGE 8 The City Engineer said the Planning Commission had recommended the request be approved. MOTION by Councilman Nee to concur with the recommendation of the Planning Gommission and approve the request for the construction of an accessory building with the stipuiations of the subcommittee. Seconded by Counciiman Breider. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. MOTION by Councilman Breider to receive the minutes of the Planning Commission Meeting of October 29, 1973. Seconded by Councilman Utter. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. RECEIVING THE MINUTES OF THE BOARD OF APPEALS MEETING OF OCTOBER 9, 1973: A REQUEST FOR A VARIANCE OF SECTION 45.052 � FRIDLEY CITY CODE TO INCREASE AND ' RECEIVING PETITION #15-1973, SUBMITTED QY ABUTTING PROPERTY OWNERS APPROVING E INSTALLATION OF THE ANTENNA AT 920 OVERTON DRIVE N. E.: The City Engineer pointed out the request was to construct a radio tower ' which wouid be 70 feei above i;he dweliing instead of the limited 20 feet as provided for in the Code, He said the Board of Appeals had recommended the request be denied. ' Mayor Liebl said Mr.. Kremer was present and he wou7d like to see what the proposed antenna would look like. Mr. Kremer came forward and presented several pictures of the various types of antenna and his proposed type of construction to the Council for their review. . � Mayor Lieb7 asked if there would be any commercial use of the antenna or would it be limited to citizens ban. Mr. Kremer said he would only use C. B, Mr. Kremer said he had his radio checked by two technicians to determine if � it would cause interference on the area television's and radios, and presented the letters which indicated his equipment to be in good working order to the Council. 1_7 3 ' MOTION by Councilman Breider to receive the letters from Mr. Tom Lenz, Electronics Specialists, Inc., dated October.26, 1973, and also from Mr. Norman Aaberg with no date. Seconded by Councilman Nee. Upon a voice vote, all voting aye, . � Mayor Liebl declared the motion carried unanimously. ' Mr. Kremer presented a petition ta the Council stating it was from the area people who were not opposed to the installation of the antenna. ' MOTION by Counci7man Nee to receive Petition #15-1973 from the area people � not opposed to the installation of the antenna by Mr. Kremer. Seconded•by Councilman Utter. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. , Mayor Liebl asked Mr. Kremer if he would abide by the necessary conditions as not to cause any problems in the neighborhood in the future. Mr. Kremer said he would do anything possible to comply with the regu.lations and the wishes of the people. ' �i 1 Mr. Kremer said he is licensed by the F. C. C. as a class D operator and the license authorizes him to operate 150 air miles form his home in any direction. He pointed out to the Council that he would only plan to extend the antenna 50 feet over the top of the dwelling instead of the 70 feet as indicated in the agenda. 174 ' REGULULAR COUNCIL MEETING OF OCTOBER 29 1973 , ' , ' ' ' ' � ' ' , ' � ' PAGE 9 Mayor Liebl asked Mr. Kremer if he had showed the pictures of the proposed and alternative antenna to the Board of Appeals. Mr. Kremer said he did not. Mayor Leibl said the members of the Board had told him that Mr. Kremer planned on putting up a monstrosity of an antenna. He indicated the antenna would not cause any interference to the area property owners, in the technical standpoint. Councilman Breider voiced concern at the antenna being similar to the ladder which would be easily accessab]e to small children for c7imbing. Mr. Kremer sa9d there would be mesh installed over the steel and this would be to the height of the eaves of his home and the antenna would be 22 inches and difficult for small children to shimmy. Ne said if any ch�ld could climb up the antenna, it ►�ould have to be a larger child and he would be able to jump down or call for heip. Mr, Kremer indicated the protective measures would protect the small children. He said he is very aware of the small chiidren in the area and he did not think there was one tree they had not climbed, Councilman Breider said he would also like some determination on the safety of the antenna with respect to wind velocity and what was indicated in the applicants insurance for coverage of the area property. Mr. Kemer said the antenna had been tested to withstand wind up to 80 miles per hour and it would probably stand a greater force. He said this is the speed at which the tests are stopped. He said with the use of guide wires to the house, the antenna would be even more stable. Councilman Breider questioned Mr. Kremer if it would be possible for him to furnish the City proof that the structure would be insurEd against liability. Mr. Kremer asked if a letter from his insurance agent would satisfy this request. Councilman Breider indicated this would.be:.appropriate. Councilman Breider said he would also like som assurance that'�the'area children would not climb the antenna. MOTION by Councilman'Qreider that the antenna be covered with mesh to make it impossible for small children of the area to climb the antenna, and that Mr. Kremer furnish the City with a letter from his insurance agent as proof on insurance for liability and that the variance be granted to Mr. Kremer for the installation of the radio and television antenna. Seconded by Councilman Nee. Upon a voice vote, all voting aye, Mayor Liebl declared.the motion carried unarrimously. . . FOR A VARIANCE OF SECTION 45,134, 6, PARAGRAPH 3, TO REDUGE THE ER DIVISION -----�---.. .._..._.. .,_........, ..,,., ,,,,.,, ,,,,.�.., ,.. �., ��...,��, ��.�,�,��„�„ Mayor Liebl said it would be his recommendation to approve the request. Counci}man nee asked if everyone on the street had been notified of the request. The City Engineer said yes, the normai process had been followed. , � MQTION by Councilman Nee to grant the variance as requested by Fuilerton Metals Company if there were no objections of the area businesses. Seconded by Councilman Utter. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously, �� ' ' CJ A REQUEST FOR A VARIANCE OF SECTION 45.134, 36, FRIDL�Y CITY CODE TO REDUCE THE SE BA K F 20 F_ , SE � , ,��E6�T�E—Tf�E S . .S > > , REDU E HE DISTANCE BETWEE • P KING �REA AND A LO IN ��Ei fT ZERO FEET, LL 0 AL 04! T E CO�JS7RU I F BUI I dG 0 QE T D S . � — — ' `'' > �'i i � $b�b— . . , MOTION by Counciman areider to concur with the recommendations of the Board of Appeals and grant the variances as requested by D. W. Harstad Company for ' 175 � REGULAR COUNCIL MEETING OF OCTOBER 29, i973 , PAGE 10 7860 Main St. N. E., Fridley. Seconded by Councilman Utter•. Upon a voice vote, all voting aye, Mayor_Liebl declared the motion carried unanimously. MOTION by Councilman Breider to receive the minutes of the Board of Appeals meeting of October 9, 1973. Seconded by Councilman Utter. Upon a voice vote, all voting aye, Alayor Liebi declared the motion carried unanimous7y. RECEIVING THE MINUTES OF THE BOARD OF APPEALS MEETING OF OCT06ER 23, 1973: A REQUEST FOR A VARIANCE OF SECTION 45.053, 4, 64, FRIDLEY CITY CODE, TO REDUCE The City Engineer pointed out the variance request was to reduce the required 5 foot side yard setback to 2 feet and the Board had recommended approval with stipulations. MO7ION by Councilman Breider to approve the variance as recommended .by the Board of Appeals with the stipulations of the Board. Seconded by Councilman Utter. Upon a voice vote, all voting aye, Mayor Liebl declared the m�tion carried unanimously. • . MOTION by Councilman Utter to receive the minutes of the Board of Appeals Meeting of October 23, 1973. Seconded by Counciiman Breider. Upon a voice vote, a71 voting aye, P•layor Liebl declared the motion carried unanimously. RECEIVING THE MINUTES OF THE BUILDING STANDARDS DESIGN CONTROL SUBCOMMITTEE PIEETING OF CTOBER 18, 1973: CONSIDERATION OF A REQUEST TO CONSTRUCT AN ADDITIONAL THIRD STORY TO CIRCULAR N MOTION by�Councilman Breider to approve the request for an additional floo.r by Medtronics, Inc. Seconded by Councilman Utter. Upon a voice vote, a]1 voting aye, Mayor Liebl declared the motion carried unanimously. CONSIDER,"ION OF A REQUEST TO CONSTRUCT A NEW SPECULATIVE BUILDING LOCATED L TS 5, 6, AND , BLOCK 1, ONOWAY ADDITION, 7HE SAME BEING 7860 MAIN STREET . E., FRIDLEY, MINNESQTA. REQUES? BY U. W. HARSTAD CO., INC., 7101 HIGH4JAY 65 N. E„ FRIDLEY, MINNESOTA 55432 : The City Engineer said this was a request for a new structure on Main Street, and the Board had recommended approval of the request with stipulations. The City Engineer said he would recommend an additional stipulation of the developer being required to pave the a]ley or require the developer to petitian the City to do the paving of the alley. The City Engineer,pointed out on"a plan the access to building and said this would be the main access and it should be paved. Councilman Breider asked about the block to be used on the construction. The City Engineer advised the Council that basically, the same block would be used as is used on the other structure. . Councilman Breider asked if the plans would cali for a front loading area and the City Engineer said yes. He indicated this would be the only way the area could be developed. He said there is some screening, but all the buildings in the area did ]oad from the front. MOTION by Councilman Breider to concur with the recommendation of the Building Standards Design Control Subcommittee and approve the request for the construction of a structure at 7860 Main St. N. E., with the stipulations as recorr�nended . by the Committee and adding the sixth stipulation that the developer pave the � 0 176 �' II ' REGULAR COUNCIL MEE7ING OF OC706ER 29, 1973 ' PAGE 11 the alley or pet�tion the City to pave the alley. Seconded by Counci7man Utter. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. CONSIDERTION DF A REQUEST TO CONSTRUCT A FRONT ADDITION TO THE PRESENT The City Engineer said this item had been taken care of in form of the granting of the variances through the mittutes of the Board of Appeals. MOTION by Councilman Utter to concur with the Subcommittee and approve the � construction of the addition as requested by Fullerton Metals, 5170 Main Street N. E., Fridley, Minnesota, with the four stipulations of the Subcommittee. Seconded by Councilman Nee. Upon a voice vote,.all voting aye, Mayor Liebl declared the motion carried unanimously. � � ' CONSIDERA7ION OF A REQUEST TO CONSTRUCT AN ADDTTIOPJ TO THE PRESENT BUILDING MOTION by Couniclman Breider to concur with the recommendation of the Subcommittee and approve the request to construct an addition to the present building, a cardboard bailer, with the stipulations as recommended by the Subcommittee. Seconded by Councilman Utter. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimous7y. !� MOTION by Counci7man Breider to receive the minutes of the Bui7ding Standards Design Control Subcomnittee meeting of October 18, 1973, Seconded by Councilman Utter. Upon a voice vote, ail voting aye, h1ayor Liebl declared the motion , carried unanimously, � •� r;;.:� � I ' �� RECEIVING THE MINUTES OF THE ENVIRONMENTAL QUALITY COMMISSTON MEETTNG OF SEPTEMBER 19, 1973: MOTION by Councilman Breider to receive the minutes of the Environmental Quality Commission meeting of September 19, 1973. Seconded by Councilman Utter. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. RECEIVING THE MINUTES OF 7HE CIiARTER COMMISSION MEETING OF OCTOBER 16, 1973: MOTION by Councilman Breider to receive the minutes of the Charter Commission Meeiing of October 16, i973. Seconded by Counciiman Nee. Upon a voice vote, all voting aye, Mayor Liebl declared.the motion carried unanimously. CONSIDERATION OF AUTHORIZING AGR�EMENT WITH METROPOLITAN TRANSIT COMMISSION FOR HREE BUS SHELTERS IN CITY OF FRIDLEY: MOTION by Councilman Nee to authorize the Mayor and Acting City Manager to execute � the agreement w�th the Metropolitan 7ransit Comm9ssion for three bus shelters in the City of Fridley. Seconded by Councilman Breider. Upon a voice vote, all , voting aye, Mayor Lieb7 declared the motion carried unanimous7y. , ' � , CONSIDER,4TION OF CELEf3RATING FRIDLEY'S SILVER JUBI[.EE (INCORPORATED JULY, 1949): Mayor l.iebl said he had brought this to the attention of the Acting City Manager and asked that it be put on the agenda. He said the City should contact the Chamber of Commerce, Rotary, V. F. W. and American Legion, Lions and all organizations in the City of Fridley and perhaps work out a celebration with the incorporation of a parade. He indicated the City had grown by leaps and bounds and this wouTd be a good gesture to bring the people together. Ne suggested the ce]ebration be in July, or when the members of the Council would want it to be. He said the 25th anniversary of the City shoald be ceiebrated. , ' ' � � � u , � � 1 ' � � i �rj� ( REGl1LAR COUNCII. MEETING OF OCTOBER 29, 1973 PAGE 12 The Acting City Manager said the staff would work on such a plan if the Council would indicate their feelings in this direction. He indicated this would take a great deal of time on the staff level, but it would be a good opportunity to create community pride in the City of Fridley. He added, he believed Fridley to be the only Community in the area that did not have a yearly celebration of some kind. He stated it wou7d be possible for the staff to work on this, alert the civic groups, and get a celebration coordinated, He thought this would be a good time for the community tQ have such a celebration. MOTION by Councilman Dreider to approve the concept of the Silver Jubilee celebration in the City of Fridley. Seconded by Councilman Nee. Upon a voice vote, a11 voting aye, Mayor Liebl declared the motion.carried unanimously. CONSIDERATION OF PROPOSAL MAKING 3RD STREET BETWEEN 59TH AND 60TH TWO WAY TEMPORARIIY: MOTION by Councilman Nee to approve making 3rd Street between 59th and 60th two way temporarily. Seconded by Councilman Breider. Upon a voice vote, all voting aye, Mayor Liebl deciared the motion carried unanimous7y. RESOLUTION �143-1973 - RECEItfING PRELIMINARY REPORT AtdD CALLING A PUBLIC HEARING MOTION by Councilman Breider to adopt Resolution #143-]973 rece9ving preliminary report and calling a Public Hearing on the matter of construction of certain improvements, Street Improvement Project ST. 1974-i and ST. 1974-2 (MSAS). Seconded by Councilman Nee. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. aF�niurION #144-1973 - ORDERING I«PROVEMENT, FINAL PLANS AND SPECIFICATIONS AND ES OF TI MOTION by Councilman Nee to adopt the Resolution #144-1974, ordering improvement, final plans and specifications and estimates of the costs thereof, and approving plans for the urbanization of T. H. #65 from south municipal limits to I. #694 and improvement of intersection of 52nd and 53rd Avenues and roadways: Street Improvement Project ST. 1974-3. Seconded by Councilman Breider. Upon.a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously: � - RESOLUTION #145-1973 - INDICATING THAT THE CI7Y OF FRIDLEY INTENDS TO PARTICIPATE IN THE URBANIZATION OF TRUNK HIGHWAY 65: MOTION by Councilman Nee to adopt Resolution #145-1973 indicating that the City of Fridley intends to participate in the urbanization of Trunk Highway #65. Seconded by Councilman Utter. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carri�d unanimously. � RESOLUTION #146-1973 - APPROVING REPLACEMENT OF LOST BONDS FOR LEONARD LABELLE: MOTION by Councilman Breider to adopt Resolution #146-1973, approving the replacement of ]ost bonds for Leonard LaBelle. Seconded by Councilman Utter. Upon a voice vote, all voting aye, Mayor liebl declared the motion carried unanimously. APPOIN7MENTS: , NAME POSITION SALARY EFFECTIVE REPLACES . DATE Carla C. Ott Lani R. Gardner Amy R. Her�^on Police $599 Technician ' Police $599 Technician Police $599 Technician 11-1-73 Lawrence Chubb 11-1-73 Lester Russetl 11-1-73 Donald Lee 0 178 ' � ' � � 1 1 . � � �� , REGULAR COUNCIL MEETING OF OCTOBER 29, 1973 PAGE 13 NAME POSITION SALARY EFFECTIVE DATE REPLACES Deborah Hurni Clerk Typist/ $446 per October 29, 1973 Margie 6540 East River Rd.Accounting month Goranson Fridley, Minn. Clerk Finance Department MOTION by Councilman tJtter to concur with the recommendations of the staff in the appointments of Deborah Hurni, Carla C. Ott, Lani R. Gartner, and Amy R. Herron in the positions previously mentioned. Seconded by Counci]man Breider. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. CLAIMS: GENERAL 33545 - 33677 LIQUOR 8296 - 8336 ' MOTTON by Councilman Utter to approve the claims. Seconded by Councilman Nee. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimousiy . LICENSES: MULTIPLE DWELLING OWNER ADDRESS UNTTS FEE APPROVED BY: Delta Land Inc. 5848 2nd St. N. E. 8 $15.00 R. D. Aldrich 6291 Comet Lane • Fire Prev, Fridley, Minnesota James H. Johnson 380 57th P]ace N. E. 4 15.00 R. Aldrich 621 Bennett Drive Fire Prev. Frid7ey, Minnesota tdm. L. Zaier, Jr. 6550 Central Ave. N.E, 4 15.00 R. Aldrich 6556 Central Avenue N,E. Fire Prev. Fridley, Minnesota Duane Oftelie 6503 East River Rd. 5 15.00 R. Aldrich 4517 Gettysburg Ave. N. Fire Prev. Minneapolis, Minn. Darrel A. Farr Devel. 1601 Innsbrudc N. 34 39.00 R. Aldrich Corporation Fire Prev. 2910 Cc�. Road 10 Minneapolis, Minn. CON7RACTORS LICENSES (ALL LICENSES $25,00) EXCAVATING BY APPROVED BY United Water & Sewer Company James L. Spetz C. Belisle 5200 Eden Circle • ' Minnespolis, M�nn. 55436 � GENERAL CONTRACTORS C. F. Haglin & Sons R. A. Roberts C. Belisle � 4005 West 65th St. Edina, Minn, 55435 Robert F. Norberg Builder Robert F. Norberg C. BeTisle 3316 Hiltsboro Ave. N. New Hope, Minnesota 55427 Wieman-Slechta Ind. Bldg. Inc. Wm. Wieman or C. Belisle 8930 J Street Everett S7echta Omaha, Nebraska 68127 � u ' , � � , , REGl1LAR COUNCIL MEETING OF OCTOBER 29, 1973 MASQNRY . Murphy Canstruction & Restoration Co, 8425 Hale Avenue South � Cottage Grove, Minnesota 55016 H, C. Wagar Company Inc. 5940 Stinson Boulevard N. E. Minneapolis, Minnesota SQLICITOR Pack 714 Cub Scouts & 8oy Scouts Items to be sold: Carmel Popcorn Toasted Peanuts Sunflower Seeds 8Y R. J. Murphy PAGE 14 Approved 6,� C. Belisle H. C. Wagar C. Be7isle , Glen Johnson, Chairman Non Profit Organization 17� , MOTION by Councilman Utter to approve the licenses. Seconded by Councilman Breider. Upon a voice vote, all voting aye, Mayor Lieb7 declared the motion carr�ed unanimously. ES7IMATES: Weaver, Talle & Nerrick ° 316 East Main Street Anoka, Minnesota 55303 September Retainer and Serv9ces Rendered Dated October 19, 1973 $ 1,288.00 Northdale Construction Company 8208 Northwood Parkway � Minneapolis, Minnesota� 55427 FINAL ESTIMATE N0. 3 for Water, Sanitary Sewer and Storm Sewer Project No. 112 $ 7,413.02 MOTION by Councilman Nee to approve the es5tmates. Seconded by Counci]man Breider. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. COMMUNICATIONS: INDEPENDENT SCNOOL DISTRICT #13: NORTH PARK: MOTION by Councilman Breider to receive the communication from the Independent.School District #13 regarding their resolution of support for North Park being developed as a nature center dated October 17, 1973. Seconded by Councilman Utter. Upon a voice vote, all voting aye, Mayor.Liebl declared the motion carried unanimously. INDEPENDENT SCHOOL DISTRICT #11: NORTH PARK: MOTION by Councilman Breider to receive the communication from Independent School District #11 regarding their commitment in the event North Park is developed as a nature center dnd dated October 23, 1973. Seconded by Councilman Utter. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. FRIDLEY V. F, W.: MEMORIAL MONUMENT DEDICATION: • MOTION by Councilman Nee to receive the communication from the Fridley V. f. W. inviting the Mayor and Councilmen to attend the dedication of the Veterans Monument at Eisenhower Square on Sunday, November 11 (Armistice Day), at 10:30 A.M., with no date and signed by Commander of the V. F. W. Post 363. Seconded by Councilman Utter. • Upon a voice vote, all voting aye, Mayor Lieb7 declared the motion carried unanimously, MINNESOTA ASSOCIATION OF REALTORS: DONATION TO ISLANDS OF PEACE: MOTION by Councilman Utter to receive the communication from the Minnesota Association , of Realtors concerning their donation of $150 to the Islands of Peace Foundation, dated October 25, 1973. Seconded by Councilman Breider: Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously., e � � ; � i k � 4 1 � i '1 REGULAR COUNCIL �tEETING OF OCTOBER 29, 1973 PAGE i5 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 Frid7ey City Council of October 29, 1973 adjourned at 10:13 p.m. Respectfully submitted, ��a� �� . Patricia Ellis Frank G. Liebl, Mayor Secretary to the City Councii Date Approve , . 3, , � - ' � TNE MINl1TES QF THE REGULAR COUNCIL MEE7ING OF NOVEMBER 5, 1973 i , 1 . t � . 1 1 � � : � - 1 � 1 1 � � 1 `� : : 1 � � . . ! . 1 . ' , r--, J �_ J , ' � � L i � ' ' L � , � 1�1 THE MINUTES OF THE REGULAR MEETING OF THE FRIDLEY CITY COUNCIL OF NOVEMBER 5, i973 The Regular Meeting of the Fridley City Council was called to�order at 7:34 p.m., November 5, 1973 by Mayor Liebl. PLEDGE OF ALLEGIANCE: Mayor Liebl led the Council and the audience in saying the Pledge of Ailegiance to the flag. INVOCATION:. The Invocation was offered by Mayor Liebl. ROLL CALL: MEMBERS PRESENT MEMBERS ABSENT PROCLAMATION: Councilman Nee, Councilman Breider, Councilman Starwalt, Counciiman Utter and Mayor Liebl. None. "HELP YOUNG AMERICA WEEK" - NOVEMBER 12 THRQUGH NOVEMBER 16, 1973; Mayor Lieb7 read the proclamation ent9tied "Heip Young America Week" aioud to the Council and audience. MOTIOPd by Councilman Utter to adopt the Proclamation for "He1p Young America Week". Seconded by Councilman Breider. Upon a voice vote, all •voting aye, Mayor Liebl declared the motion carried unanimously., APPROUAL OF MINUTES: PUBLIC HEARING MEETI`!G OF OCTOBER 15, 1973• MOTION by Councilman Nee to adopt the minutes of the Public Hearing Meeting of the Fridley City Council as submitted. Seconded by Councilman Utter. Upon a voice vote, all voting aye, Mayor Lieb] dec]ared the motion carried unanimously. SPECIAL MEETING OF OCTOBER 17, i973 (Wa1i Corporation): Councilman Breider said he would like to suggest a few changes on the last page of the minutes of the Specia7 Meeting of October 17; 1973. He directed the attention of the Council to the second point in the list of requirements made by the Acting City Manager. The stipulation read as follows: The CoUncii agree to 130 apartment units to be constructed in the rental price range of one bedroom at $195, two bedroom at $260, and at the 1973 rates. Councilman Breider expressed the thought that the Council had n�t "agreed", but rather "suggested", and he would like this changed to read: The Council su ested 130 apartment units be constructed in the rental price range of one bedroom at 195, two bedroom at $260, and at the 1973 rates. Councilman Breider said the intent of the Council was to indicate some area of count for the consideration of the item by the Planning Commission at their Public Hearing. Mayor Liebi asked if there were any further questions on the proposed amendment to the minutes. The second point of change was made in the last sentence of the minutes which read: The Council as a whole then agreed to these conditions and the meeting was adjourned at 8:55 p,m, The Counci] consensus was this sentence shou]d read: The Council as a whole then agreed for purposes of hearing to these conditions and the meeting was adjourned at 8:55 p.m. � M07ION BY Councilman Breider to amend the minutes of the Special Meeting of the Fridley City Council of October 17, 1973 as aforementioned. Seconded by Counci7man Nee. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. ' MOTION by Councilman Breider to adopt the Minutes of the Special Meeting of the Fridley C9ty Council of October l7, 1973 as amended. Seconded by Councilman Nee. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously._ � 182 � , , � LJ ' � REGULAR COUNCIL MEETING OF NOVEMBER 5, 1973 ADOPTION OF AGENDA: PAGE 2 Mayor Liebl asked if there would be any additions to the agenda by �ny of the members of the Council. Councilman Breider said he would like to add the consideratiorr of waiving tt� provision in the Ordinance which would prohib9t the sale of liquor on November 6, 1973, election day, Ward II only. MOTION by Councilman Starwalt to CounciTman Utte�r. Upon a voice motion carried unanimously, VISI70RS: adopt the agenda as amended. Seconded by vote, all voting aye, Ntayor Liebl declared the REQUEST FOR FQUNQATION PERMIT 8Y MID�AND COOP: REQt1EST PRESENTED BY MR. DICK THORSON: - Mr. bick Thorson, Adolph Peterson Contractors, addressed the Council and indicated he would be making an addition on the Midland Coop building and because�of the time of the year and threat of frost, he would request the Council grant a foudation permit. Mr, Thorson said it was suggested that he appear at the present meeting and give the Council some idea of the plan. He said this request would be.for a foundation permit only. 1 The Acting City Manager/City Engineer, Nasim Qureshi, revie.wed the planne� construction on the map on the easel, and said the problem would be, if the foundation was delayed until the procedures were completed, the frost would be too severe to construct the foundation, The City Engineer explained, every day the situation with the frost is getting worse. He advised the Council that it would be possible for them to authorize , the granting of the f�undation permit and the remainder of the construction wouid be subject to the review of the Building Standards Design Control Subcommittee. �J � Mayor Liebl stressed that urder normal conditions, the applicant would have to appear at the Buiiding Standards Design Control Subcommittee, but this was d difficult matter because of the time factor. Mayor Lieb7 said if it was the opinion of the Ward Councilman that this would be possible and the foundation permit could be granted, the City would be able to issue th.e perm9t. Mayor Lie.b7 asked i�f he would be ab7e to review the pian as it would be submitted to the Subcommittee and Mr. Thorson furnished the plan to the Counci7. Mayor Lieb1 asked the Chairman of the Buiiding Standards Design Control Subcommittee to come forward and review the plans. He asked if.this wa.s what had been pr^esented to the � City previously and if the plans would meet with the approval of the Chairman. Mayor Liebl repeated to Mr. Hubert Lindblad that the app7icant had indicated he would be back for additional approval of the construction, and if Councilman Nee would have no objections, the Counci7 cou7d issue the foundation permit before the review of the � , Subcorrmittee. He stressed that the details in the plan would have to be worked out by the Subcommittee. Mr. Lindblad indicated he would�ave no objections to the issuance of tf� foundation permit, he added the Subcommittee had worked with the appiicani in the pasi and there had been no problems. � MOTION by Councilman Nee to grant the Foundation Permit to Midland Coop for the proposed addition to their structure, subject to the provision that the app7icant , would have to fulfill all other necessary requirements in conjunction with the , application policy, and that the Council would not be abligated to the appiicant to , allow the construction of the building because of the granting of the foundation permit. Seconded by Councilman Breider, Upon a voice vote, all voting aye, Mayor , Leibl declared the motion carried unanimously and ind.icated the foundation permit had been granted. , , .� , REQUEST FOR FOUNDATION PERMIT BY STAN BECKSTROM, REPRESENTING GAZDA MOVERS: Mr. Stan Beckstrom addressed the Council and outlined his request for a foundation • permit because of the shortness of the remaining construction season. The City Engineer said the construction proposed would be that of an addition to the existing facility and was as have been previously reviewed by the Council, The City Engineer said there would be a 35 foot set back, and the setback to the east would range from ]20 feet to 60 feet, with the average setback fa�ling within the required amount of 80 fe�t. He pointed out there would be some screening of the building by veqatation so the building wouid not look too high. Ne recommended the Council issue the foundation permit under the same conditiona as established in , � a � � � C� l83 REGULAR COUNCIL MEETING OF NOVEMBER 5, 1973 the previous item. PAGE 3 Mayor Liebl asked the applicant if he agreed with the points of stipulation, A, 6. C. and D. Mayor Liebl read the stipulations as follows: a) Six thousand dollar performance bond to run from October 1973 to October 31, 1975. Subject Bond is placed with: Murnane Schleck & Associates, 2207 Nicol]et Avenue, P1inneapolis, Minnesota 55404. b} Coinplete a77 screening on the perimeter of our ]ot by May 7st 7974. c) Compiete landscaping as submitted, after completion of the addition by October 31st, 1975. d) Complete at least 503� of proposed plan in calendar year 1974 and balance by October 31st,i975 . Mayor Liebl asked the representative of the Company if there were any objections to any of the above stipulations, and the representative said there were none. MOTION by Councilman Breider to grant the foundation permit with the stipulations 1 contained in the letter from Gazda Moving Company, Ronald D. Gazda, dated October 31, 1973 and addressed to Mr. Darrel Clark, Community Development Administrator, and also aaith the stipulations and conditions recommended by the Building Standards Design Control Subcommittee, if any, and th�s permit would be for the foundat�on only and the applicant would have to follow the necessary procedures before any , further construction of the building, and that the City would not be obligated to issue additional permits by allou�ing the installation of the foundation at this time. Seconded by Councilman Utter. Upon a voice vote,'all voting aye, Mayor Liebl , declared the motion carried unanimously. � , �J � `I J CONSIDERATTON OF POSSIBLE DONATION Of SCHOOL BUS FOR CITY OF FRIDLEY BY FRIDLEY J YCEES: The City Engineer addressed the Chairman and referred to the co�nunication offering the City of Fridley a bus by the Fridley Jaycees, and said two of the repi°esentatives of the organization were present at the meeting. The City Engineer continued listing the various communications which had been presented to the Council in their agenda foiders. Ne said Mr. Paui Brown, who had done the necessary research into the cost factors was present also, and he could be questioned further. Mayor Liebl said it would be in order to receive the letter from Mr. Adolph Kukowski, Chairman of the Fridley Jaycees. MOTION by Counciman Utter to receive the communication from Mr. Adolph Kukowski, Chairman of the Fridley Jaycees, dated October 31, 1973. Seconded by Councilman Breider. Upon a voice vote, all voting aye, Mayor Lieb1 declared the motion carried unanimously. Mayor Liebl ackowledged the receipt of the letters from Mr. Brown and the Acting City Manager. The Mayor called on Mr. Paul Brown to present his ideas to the Council. � � Mr. Paul Brown, Director of Parks and Recreation, addressed the Council and said • the memorandum he had submitted exemplified the possible cost of the City taking '' on the operation of the bus. Mr. Brown continued stating the cost had been 1 figured at 75� per mile with the figure of 10,000 miles per year used for calculation of the cost. Mr. Brown listed the items included in the estimated cost•as follows: driving costs, maintenance and upkeep, depreciation, storage costs, and insurance. 1 Councilman Breider questioned if the cost of depreciation could be used if the City had not purchased the bus to begin with, it would be a gift. Counci7man Breider inquired how much Mr. Brown had figured for 'the depreciation. Mr. Brown said he had obtained these figures from Mr. Roger Christenson, Fridley Bus Company, and he did not receive the individual figures. , �I , Councilman Breider asked if the use of the bus by the Fridley Hockey teams and other organizations had been figured into the total amount. Mr. Brown said the figure included the current use of the City by buses and also the proposed usage. _ Mr. Brown said in 1972 the City had spent $2,400 for bus rental and $1,815 to date in 1973. 0 184 � , , ' � ' , � . r � ' � � � � ' ' � , PAGE 4 REGULAR COUNCIL MEETING OF NOVEMBER 5, 1973 Counciman Breider said it would reduce the cost of operation if the groups such as the Hockey Association and Football Association would return the bus with a full tank of gasoline, and hire their own driver, Mr. 8rown agreed, but with the legal complications, he felt the City would have to be very careful about the driver of the bus. Mr. Brown said he thought the driver should be a paid City employee. He said there had also been a concern at which persons would be allowed to use the bus. He continued he would like the bus for the use of a]1 organizations in Fridley such as the Senior Citizens and the Lions, and so forth. Mr. Brown expiained that tha Hockey Association had tried to purchase a bus for a City facility, but this had failed because of the realization of the costs involved. There would be other conflicts that would have to be worked out also. He used an example of the heavy use ihe bus would get during the months of December and January�with the hockey schedules. He questioned what would happen if someone would want the bus for a trip to the Guthrie Theatre during this busy session. He suggested the City be authorized to make this determination. Mayor Liebl said his first concern would be proper liability insurance for the driver and the people who would ride the bus. He stressed the City should carry maximum insurance on the operation. He also stressed the importance of having a trained and properly licensed bus driver, whether this be man or woman. He said he would not want just anybody to drive the bus, and in order to receive any reasonable compensation in case of an accident, he thought the person should be on the City payroll. He con�luded, the City would be in big trouble if this was not handled correctiy. Mr. Brown responded, he thought the Mayor was absolutely right, and this would be something that v�ould be a must. Mr. Brown indicated he had been the one vdho had made the requast for the bus to the Fridley Jaycees. Mr. Brown pointed out that the bus could have been donated to the Hockey Association individually, but this would increase the amount of the insurance rates being this is a private organization, and there would be no storage facilities and so forth. Mr. Brown , explained if the present proposal is followed, the City would be in complete control of the vehicle and its insurance and drivers. Councilman-Utter emphasized the growth of the kockey Association and said the AA teams had been added. He in�uired how the bus could serve this group when there would be nine games scheduled per night? Mr. Brown said this would depend on when and where the games would be played. Councilman Utter said there would be three traveling teams for each night of scheduling. Mr. Brown said a schedule would have to be developed. He said at the present time the booster groups are responsible for travel of the boys, he:said the boys are riding in cars.. Mr�. Brown indicated he would not like to see eight or nine teams traveling in this manner. Councilman Utter said the teams travel as far as Stillwater and Mr. Brown said he was aware of this. Mr. Richard Young, Fridley Jaycees, addressed the Councii and said the Hockey Association•was not their only•concern or the only group which was to be served. He continued he would like the use to include the Football teams, Babe Ruth Leagues and all other groups. Mr. Young said he was concerned about the members of the teams traveling in four to five cars to reach the destination of the games. Mr, Adolph Kukowski, fridley Jaycees Chairman, explained to the Council and audience that Mr. Roger Christenson had agreed to take care of the purchase of the bus lending his knowledge of the vehicles. Mr. Kukowski said many of the bus parts are interchangeable and this would be a reduction factor in maintenance.. He added, most of the buses in operation only use expenses of 50� per mile, and the depreciation is only figured for one to two years. He further explained that for some trucks the expense is only 29� a mile. Mr. Kukowski said the situation as compared to the operation of the Fridley Bus Company and the City's proposed operation would be different because of the fact that the Fridley City Bus would operate more, drive greater distances without stuping and starting, and would not be sitting without moving. He indicated this is the type of that is costly, short trips and sitting idol. Mr. Kukowski said Mr, Christenson rents the buses for 42� a mile. Mayor Liebl commended the members of the Fr�dley Jaycees for their civic spirit with the proposed donation of the bus to the City of Fridley. � � r� ' � i � � , S � , 1f�5 REGl1LAR COUNCIL P�EETING OF NOVEMBER 5, 1973 PAGE 5 Counciiman Brefder said some very interesting points had been brouqht out during the present meeting and he thought before the Jaycees would go through with the purchase of the bus, he thought Mr. Brown should come up with more detailed figures concerning the increased liability insurance and other details needed for the determination of operating costs. He continued s�me sort of report on the scheduling of the use of the drivers should be brought to the Council for consideration. Councilman Breider stated, he would like to see a more definite plan. Councilman Starwalt said he had a question and it had not been answered throughout the entire discussion. He asked why Fridiey needed a bus. He stated the contracts for the buses could continue. Ne expressed concern stating this bus operation could get out of hand. He continued saying the next request or donation may be that of a trafn, He again questioned the advantages of the City to assume this responsibility. He indicated the thought that contract busing may be needed in addition to the use of the City bus also. MOTION by Counciman Starwlat to direct P1r. Paul Brown to research the costs and details of operation, insurance, drivers, scheduling and priorities and report back to the Council with a report for their consideration on November 19, 1973. Seconded by. Councilman Utter. Upon a voice vote, ail voting aye, Mayor Liebl declared the motion carried unanimously. Mayor Liebl thanked Mr, Kukowski and Mr. Young for attending the current meeting and indicated the Council would.be coming to some decision two,weeks from the current meeting. RECEIVING THE MINUTES OF TNE PARKS AND RECREATION COMi�1ISSI0N MEETING OF OCTOBER 29, 1973: MOTION by Councilman Breider to receive the minutes of the Parks and Recreation Comnission Meeting of October 29, 1973. Seconded by Councilman Utter. Mayor Liebl asked if there wou]d be any action taken on the matter of fencing the Skyline Park area. Ne 'said the man has a legitimate concern. Mr. Brown explained the man was requesting a higher fence and the plan for the Par•k was for the installation of a four foot fence and this was for the�traffic control measure because the park abuts the driveway to the apartment building. Mr, 8rown said a fence would have to be insialled, but Mr. Tauer had attended the Commission Meeting and requesied a chain link fence and also a chicken wire fence. He said the proposal of a privacy fence had also been proposed. Mr. Srown pointed out that the chain link fence would be more economical and normal].y these.fences would be anly four feet, and the property owner wants an eight foot fence. MOTION by Councilman Nee to direct Mr. Brown to prepare a sketch and comparative � costs to remedy the problems adjacent to the Tauer property and Skyline Park. Seconded by Councilman Breider. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. Mayor Liebl said this should appear on the agenda November 19, 1973. r , � ' .� ' t1PON A VOICE VOTE, on the motion.to receive the minutes of the Parks and Recreation Commission Meeting of October 29, 1973, all voting aye, Mayor l,iebl declared the motion carried unanimously. CONSIDERATION.OF REQUEST Of "NO PARKING SIGNS ON SATALLITE LANE N. E.: Mayor Liebl said when the apartments on Satellite Lane appiied for the building permit, they were required to have so many parking spaces, staiis and garages. He said he has been concerned about the hazards of the area for sometime, and this was the reason he had brought to the attention of the Council. He referred to the operations of school buses in the area and said it is bare]y possible for a car to make the turns and drive through the area, and the school buses would not be able to pass if the cars would be parking on both sides of the street. Playor Liebl further explained the seriousness of the problem and indicated there was a similar situation in the Second Ward. Mayor Liebl said he thought the Council should make decisions which woutd lessen the possibility of accidents in all areas. He stressed the need to look at safety first, and the apartments have adequate parking spaces behind the buildings, He expressed concern because of the hazard being created by the use of both sides of the street, not because he lives in the area. Mayor Liebl stressed the iinpossibility of allowing the parking on both sides of the street, with parking on one side, he continued, there is just barely room enough to turn the corner.s without sl9ding into i � � � � �. . ' � REGULAR COUNCiL MEETING OF NOVEMBER 5, 1973 PAGE 6 the parked cars. Ne aga9n referred to the difficulty of the school bases operating in the area. Mr. Merle Longerbone, 180 Sylvan Lane, addressed the Council and.stated when turning west from Satetlite, the cars end up in the snow bank in the winter months. Ne explained when attempting to drive in the area, a person has to cross their fingers and hope ihey do not hit someone, P4r. Longerbone said the area residents were happy to see the no parking signs. Some discussion followed concerning the route that would have to be taken by the area residents if they wished to park in the street while the no parking signs would occupy the south side of the street. The consensus of the Counc9l was that this was not feasible. Mr. Longerbone said the second apartment building is the one with the most serious problem with parking. He pointed out that the people park by the sidewalk and it is impossible to turn the corner. The City Engineer explained the grade is going to the west and if there were no parking on the north side of street, this would be an aid in the prevention of accidents. Councilman Nee suggested looking into the possibility of straightening out the corner. He said the point of the corner lot could be cut off and this would aid in the solution to the problem. The City Engineer referred to the suggestion made by Councilman Nee. He said � ' . it would be possible to negotiate for tFie acquisition of additional right of way.when a�building permit is applied for on the corner lot in question. He said the City could try to acquire the land and'make the intersection wider. � MOTION by Councilman Breider to confirm the placement of the "no parking" signs as they are, and that the City Engineer contact Mr. Edstrom to find out his ideas to a solution to this quandary, and that the Administration pursue possible alternat�ves for parking in ihe area, and thai ihe administration negotiate for the acquisition of the property from the property owner of Lot 1, Block 2, ' SyTvan Hills Plat #4, at the time the building permit is applied for. Seconded by Councilman Starwalt. Upon a voice vote, all voting aye, Mayor Lieb7 declared the motion carried unanimously. , ' ' � � i � The City Engineer said there are plans to eliminate the access to 3rd, and this would eliminate the usage of Star7ite Lane. RECEIVING THE SUMMARY OF RFCOMMENDATIONS OF LEGISLFlTIVE STUDY COMMITTEE• Mayor Liebl read aloud tha various Committees and Chairmen of those committees to the Council. He asked if there were any questions in the reports to be received, and there were none. MOTION by Councilman Breider to receive ihe summary of recommendations of ihe Legislative Study Co�mittees. Seconded by Councilman Utter. Upon a voice vote, all voting ay.e, Mayor Liebl declared the motion carried unanimously. CLAIMS: GENERAL 33678 - 33739 LIQUOR 8337 - 8352 MOTION by Councilman Uiter to approve the c]aims. Seconded by Councilman Starwalt. • Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously ESTIMATES: Weaver, Talle & Herrick 316 East Main Street Anoka, Minnesota 55303 ' October Retainer and Services Rend�red dated November 1, 1973 �_J $1,240.00 , MOTION by Councilman Breider to approJe the estimate. Seconded by Councilman Nee, llpon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. i � �� , �l ' � REGULAR COUNCIL MEETING OF NOVEMBER 5, 1973 PAGE 7 1R7 CONSIDERATION OF ACQUISITION OF TAX FORFEIT PROPER7Y BEING OFFERED FOR SALE: The City Engineer said the County had notified the City that this property is for sale, Mayor Liebl said some property is needed for the street. The City Engineer said the property is actually in the public right of way and it has been red tagged. He pointed out the price would be $39.90. MOTION by Councilman Breider to authorize the Administration to acquire the property described as follows: 1. Part of Lot 28, Block l, Marian Hills, this portion has been dedicated for public street and lies under 52nd Ave. N. E. 2. A part of Lot 43, Block K, River View Heights, a portion of this lot next to the tax-forfeited portian has already been taken for street purposes. 3, Lot 1], Block 2, Marian Hills 2nd Addition, this lot fronts a lot containing an apartment building and the City could keep a road open by buying this lot, and as pointed out in the letter from the Anoka County Audito'r, Charles R. Lefebvre. Seconded by Councilman Nee. Upon a voice vote, all voting aye, P1ayor Lieb1 declared ihe motion carried unanimoualy. RESOLU7ION #147-1973 - AUTHORIZING THE EMERGEP�CY PURCHASE OF DIESEL FUEL OIL, H I G FUEL AND GASOLINE: MOTION by Councilman Breider to adopt Resolution #147-1973 authorizing the emergency , purchase of diesel fue� oil, heating fuel and gasoline. Seconded by Councilman Starwalt. Upon a voice vote, a.11 voting aye, Mayor Liebl declared the motion carried unanimously. , RESOLUTION # 148-1973 - AU7NORIZING THE CHANGING OF BUDGET APPROPRIATIONS FOR THE Mayor Liebl said this would be executing an a�reement made by the City Manager when ' he, Marvin Brunsell, Finance Director, and Fire Pension Association conducted negotiations. Mayor Liebl said it would be in order to adopt the resolution. MOTION by Councilman Utter to adopt Resolution #148-1973 authorizing the changing ' of budget appropriations for the General Fund and P. E. R. A. Fund, and authorizing the transfer of funds from the General Fund to the P. E. R. A. Fund (Firemen's Pension). . Seconded by Counc9lman Nee. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. � CONSIDER�TION OF l�AIVING THE PROVISION IN THE ORDINANCE WHICH WOULD PROHIBIT SELLING LI UOR ON TUESDAY, NOVEMBER 6, 1973 ELECTION DAY : MOTION by Councilman Breider to waive the provision in the Ordinance which would � prohibit the sale of liquor on November 6, 1973, election day. Seconded by Councilman Utter. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried . unanimously. . . � � [' � ' MR. HUBERT LINDBLAD'S CONCERN ABOUT NON-COMPLIANCE WITH THE COUNCIL STIPUlATIONS FOR PAINTING MOVED GARAGE ON 57TH AVENUE AP�D MAIN STREET: Mr. Lindblad addressed the Council and asked the Chairman for several minutes to • question the Council on some matters that concern him. He said his first concern was the non-compliance to the stipuiations as agreed to by the property owner on 57th and Main, Ne referred to the moved garage which was allowed the time period of one year to complete the necessary stipulations. He said the painting and not been done and the home was now for sale. Mr. Lindblad feared the property wou]d be sold and the Council wouid have no recourse in enforcing the stipul.ations as agreed upon: �r I � I �� I88 REGULAR COUNCIL MEETING OF NOVEMBER 5, 1973 PAGE 8 Mayor Liebl said this was located in Councilman Nee's �dard. Counc�lman Nee asked if the property owner was building the garage. Mr. Lindblad said no, he had moved it to the property. He continued, he was to paint and repair the garage to make it look like the house. Mr. Lindblad said he had questioned this last year, but the time was noi up at ihat time, now it has been over a year. Mr. Lindblad repeated his concern that after the property is sold the City would have no recourse. Mayor L9eb1 directed the City Engineer to look into the matter, and said the man should receive a letter indicating the terms of the stipulations on moving the garage and reminding him he had 12 months to comply. MR. HUEiERt LINDBLAD'S QUESTION ON WHY THE FRIDLEY LIQUOR STORE ON HIGHWAY #65 N9S 0 BEEN SHR BBED QR LA;�DSCAPED: Mr. Lindblad explained to the Council that many people have questioned him on ' why the landscaping at the Liquor Store had not been done, when the City requires elaborate landscape plans and execution of those plans by all who develflp in Fridley. ' The Acting City Manager s�id there are two trees on one side of the building, ' plants and shrubs on the north and other items. Mayor Liebl said the plan would be in City Hall. Mayor Liebl directed the Acting City Planager to execute the plan that had been approved by the Council. ' ' ' ' � F--. � IJ ' , ' ' � � MAYOR LIEBL'S QUESTIOM ON INSTALLATION OF GUARD RAILING: DELIVERY AREA AT LIQUOR STORE: ' Mayor Liebl said he had received a call from a concerned citizen concerning the question of installation of a guard railing on the de7ivery area of the new Liquor Store. He said this equipment should be installed to comply with the City Code. Councilman Breider agreed with this concern stating this could be a complaint from OSHA. Mr. Lindblad said anyone might step off of the loading dock. The City Engineer said this had not been provided for in the construction contract, but the staff had proceed � to comply with this installation and it would be done soon. � ADJOURNMENT: MOTION by Councilman Nee to adjourn the meeting. Seconded by Councilman Starwalt. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously and the Regular Meeting of the Fridley City Council adjourned at 9:10 p.m., November 5, 1973. Resptfully submitted, Patricia Ellis Secretary to the City Council ate pprove Frank G. Liebl, Mayor �■__J � ' 1� � I ' � THE MINUTES OF THE SPECIAL CANVASS OF VOTES MEETING OF THE FRIDLEY CITY �OUiVEIt ., . OF NOVEMBER 8, 1973 , •. � _ 1.R.� 1'NE MINUTES OF THE SPECiAL CANVASS OF VOTES MEETING OF THE FRIDLEY CITY COUNCIL OF NOVEMBER 8, 1973 The Special Canvass of Votes Meeting of the fridley City Council was called to order at 5:04 p.m., November 8, 1973 by Mayor L9eb1. ROLL CALL: MEMBERS PRESENT: Councilman Utter, Mayor Liebl, Councilman Breider, Councilman Starwalt, Councilman Nee MEMBERS ABSENT: None. STATEMENT OF CANVASS, GENERAL ELECTION, NOVEMBER 6, 1973: . M07ION by Councilman Utter, seconded by Councilman Breider to adopt the Statement of Canvass and declaration of results of the General Election held November 6, 1973 as reviewed by the Council, the election results following. Upon a voice vote, all voting aye, Mayor Liebl declared the moiion carried unanimously. ADJOURNMENT: There being no further business, Mayor Liebl declared the meeting adjourned at 5:11 p.m., November 8, 1973. Respectfully submitted, ��c.�iu.c.�a-� �,(.�t Patricia Ellis Secretary to the City Council Date Approved Frank G. Liebl, Mayor � � ' � a � , I � � `o ; i t i 1� I , I , STATEP�IENT OF CANUASS GENERAL ELECTION NOVEMBER 6, 1973 DECLARATIOP� OF RESULTS THEREOF ' In accordance with Section 4.08 of the Charter of the City of Fridley, the City Council declares the results of the 1973 General Election to be as follows: ,� A. The total number of ballots cast was: 603 Ward 2- Precinct 1 183 L Ward 2- Precirtct 2 126 Ward 2- Precinct 3 294 ' TOTAL 603 B. The votes ror each candidate, number of defective, spoiled, not voted and write-in votes are as follows: ' COUNCILMA�J 4JARD II ' W-2 P-1 W-2 P-2 W-2 P-3 TOTAL W. R. (Walt) ' Starwalt Not Voted & � Defect�ve Linda Rossman � Write-In Robert Votes Kirwin 132 5 46 0 72 2 51 1 172 5 117 0 ' TOTAL 183 126 294 ' C. The follawing officer was declared elected: COUNCILMAN GJARD II - Wallace R. Starwalt � . : ' , I ' � � 37b 12 2i4 � 603 PAG E 2 STATEMENT OF CANVASS D. The following is a true copy of the ballot used: t:.� ^s, c. y s. �s � :_- x r-�x e t e�- s e�a e; � � "!» �;'� f � rr .j � ry; n n : .. �' c w � a e_.3 � e.i ;,w <... � c, y s �:3 e.� e. u t.. u�a.g E s.�{ �.7'r4°' �is • � �.� � ,r � � ��,.. �.�� . ' .?y " .; . ,.' . .._„» .=�'v i��; -a�� ,..� f„� ._,3 `� �_.� -:,� c„T - �, s^;Fr � < s ; , y �. . � e. . a ��. � ,_ . � [ �i e. � . '� €.a �� F P�� '��F E �+,� �`-� 4„.�Ef �ak�� 'R �?�, 9 d^� �` ,aik?';, en RTv.�..`��`°'fc �1�.,� ��'�+" P i�k.�l'W�� $� �E"� TUESDAY, (�GV��;1�ER t�, 19i3 ��1��,�� et� �:��a��! Vote for Qrze. T�rm (:�) �"hree `lears W. R. (WALT) STI-�RWI�LT GENERAL ELECTION NOVEMBER 6, 1973 i , ' PAGE 3 i STRTEMENT OF CANVASS GENERAL ELECTION NOVEMBER 6, 1973 � E. The names of the judges of the election are as follows: IWARD 2 PRECINCT 1 WARD 2 PRECINCT 2 Mrs. Virginia Locker - Mrs. Alice Peterson Mrs. Lorrie Cook Mrs. Rita Pierce Mrs . Dori s Rei ner°s Mrs. Virginia Steinmetz WARD 2 PRECINCT 3 Mrs. Beverly Kinsman Mrs. Jean Wagar Mrs. Betty Jeronimus Mrs. Judy Engebretson Mrs. Marlys Lisowsl:i Mrs. Adeline Swanson , --�– ��..� � ' f � � CO CILMAN s'�i�� COU NC I Lh N — Mrs. Jeanette Micholski Mrs. Pat Anderson Mrs. Leona Brubakken Mrs. Edythe CoTlins Mrs. Helen Shaffer Mrs. Viola Porter ABSENTEE PRECINCT Mrs. Mary Ellen Storley Mrs. Leona Mandloh Mrs. Joan Swenson � 1 �� t � ' ' , ' , ' 5" �A'r e ,a.. �,,� �. / /,,`, Y: -� $=_1; ;�, _�� . �}.� ; � �� /� �,� .�-w �r `�NES� STATE OF 1iINNESOTA OFFICE OF THE ATTORI�EY GEIVERAL WARREN SPANNAUS ST. PAUL 55155 ATTORNEY GENERAL November 1.�i, 1973 Fridl�y %�Iater �aorks Lester Chesney, Supt. 6431 University Avenue N.E. Frid7.ey, N1N 55432 Dear N1r . Chesney : I would like to bring you up to date on the status of the antitrust action brought by this office against manu- facturers of cast iron pip�. You will recall that this action alleges price rixing, market allocation and bid rigging in sales of cast iron pipe to Minnesota municipalities. Our case against United States Pipe & Foundry Company, American Cast Iron Pipe Company, McWane Cast Iron Pipe Company, Lone Star Steel Corporation, Clow Corporation and Amsted Industries, Inc., was tried last summer'to a jury in Birmingham, Alabama, consolidated with cases brought by other Attorneys General throughout the country. Because the jury was unable to agree on a verdict, the case is scheduled to be tried again in April, 1974. ' Prior to the trial in Birmingham, tvro companies, Glamorgan Pipe & Foundry Company and the Mead Corporation, agreed to a settlement. The portion of that settlement to ' which r4innesota communities are entitled is $41,349.67. Because Mead and Glamorgan represent a small share of the total cast iron pipe sales of the defendants and because of , the large number of claimants participating in the settlement fund, the individual recoveries from the l�7ead and Glamorgan settlement fund are quite small, your share being $333.86, ' represented by the enc�osed check. If we are successful against the remaining defendants, we anticipate a substantially larger recovery. ' � , � You have cooperatec� eYtensively with our office in answering Interrogatories and supplying information which has been extremely helpful in the trial of this case. Despite the small paymeni you have received so far, your efforts have ._._ ��> �� Cast Iron Pipe Page 2 November 14, 1973 been extremely beneficial to our state. Our vigilance in enforcing our antitrust laws, I believe, acts as a deterrent to suppliers of municipalities wha might be tempted to engage in anticompetitive activities to the detriment of the tax- payers of our state. Sincerely, �''�-� WARREN 5PANN US Attorney Gene a WS/mc PJov�MBER �6, 1973 NOTE TU THE MAY�R AND CITY COUNCIL: WE WOULD LIK.E TO MEET WITH THE COUNCIL FOR ABOUT TEN OR FIFTEEN MINUTES BEFORE THE COUNCIL MEETING MONDAY EVENING TO SET UP THE GUIDELINES FOR THE STAFF FOR THE UPCOMING LABOR NEGOTIATIONS WITH TNE DIFFERENT.UNIONS AS WE ARE ENTERING INTO THE FINAL STEPS OF THESE NEGOTIATIONS� WE WOULD APPRECIATE HAVING ALL MEMBERS OF T�E COUNCIL AVAILABLE TO DISCUSS TNIS ITEM WITH US, , THANK YOU, NASIM M� QURESHI � � �J � 0 �;;:� �� e� E� .�► �b C I 7Y OF FR I DLEY � r R- , M� �''"` � "'�~�` �� 6431 Universi�y Avenue N.E, �;*, � � Friciley, Minnesota 55432 `� `� i ��'-� �� f� � ` { � .a �';A w..��:�� Q�� PAl1(, BRL�(�'N, D.i,�cecton ►�s, � � ; Phone; 56p-3450 X64 � � . MCMORAr�DU�� TC3; City Council/Cit;,• riana;er , �I,��.LT; Skyline Park Fence Proposal ' AHTE; Novemb�r 15, 1973 FRa�f; Paul Broi�rn, Director �o�sa.� o..aw.oeiawp. Gentlemen, � �, � � Attached is the information in xespect to cost of fence at S'tcylin° Park. Tn1e �� have also att�c::ed infor�,lation concern�ng similar request at Oak Hill Park. Reference: Letters oi June 1, 1972 and Septe�nber 26, i973. c/o :�s. f7alter Onermaa. , ' � , � � � � 1 I have reviewed this request j�ri.th the Parl:s and �ecreation �omma_ssion and the City �Sana�;er. The Co;ru°rissiot� has contirued th�.s item for discusszon at �reir i�:ovember Pieet�ng. Copies of aZ2 infarmatior, on this fence will be fori�rarded to them. I have a �tached a copy of our last Conunission meeting t�rhere i�r. Ot;to Tauer made his request. The Ci�y s�loulci prav-ide a fence between the drivew�y and �he park property. I recom�r�end a four f�ot fence alon� the south boundary from a foot inside tne right-of-way to a foot east of o�ar tiresterly boundary. `1'his comes to 127 feet of fence. Cost t� the City would be per propasal sheet: �;�375.40. _ . Nr. Tauer has re�uest�d of the �ommission and the Ci'�y that we provide a �.foot chaia l.ink fence for 3t1 fieet and then a 8 foot fence fox the remaining 93 feet. Cost per prop�sal sheet: '�630.C�0, Some of r;r. Tauers� xeasons can be iound in the Co�mission minutes of October 29th. The City can do one of three t�ings: l. Tnstall !� foo�t fence C? �375.00. 2. Install combination fence �:�f30.00 3. Install cornbination fence !? ;630.00 witY� rSr. Tauer payi:n� �he difference bets1reen choic� �1 and r'�2 or $25�:00, The �dministration feels that the City is obligated to a.nstall the.l� foot fence due to dar�oer of traffic into drive��ray and disturbing t:le apartment. �ae also feel that ar� t3 foot fence will r�ot eliminate problems 1;hat m,:ist with the Children and PSr. 7.'auer. It wi�l be a misuse of flznds to provide �his taller section oi fence. It also deters from property values. • I would recom�nend ths iirst choice. project in our 1�?3 or 197l� bud�;ets. YB o.o: aro c�o flznds set aside for this lj sp tfully suixnit,te � % ��'v�� PAUL BRO�,CN, Dii•ector SKYLINF: PARK FE�;CE PP.OYOS:IL I R Pxepared by: Curt D�hlbera � Park Foren�an Nove,�tber 14, 197s Fuxni.sh and install all labor, materials, and equip:�ent necessary £or the i.nstzllation o£ a chain link fence. All post.s to be set in conc.rete. Screen or fabr:ic - 9 gL2age Line Post - 2Z" O.D. End Post -- 3" O.D. Top Rail - 1 5/8" Screen or £at�ric - 9 guage Line post - 2" O.D. Lnd Post - 2 2" O.11 . Top Rai 1- 1 S/ 8" Specifications for materials to insta.11 fence 6', 7', or 8' hio]Z , Specifications £or rnaterials to iristall fence 4' high. Tele�hone bid f.rom CRO��`LEY FENCE (Terry) 1. 4' high by 1'l7' Ic�ng . . . . . . . . . . $ 375.00 2. 4'�high for 34' and 6' high fo� 93' .,.� 525.00 3. 4' l�zg}� for 34' and 7' high for 93' .,.$ 580.00 4. 4' high �ox 34' and 8' higl� for 9.i� ...� 630.00 'Tel�hone ba_cl �r.o;n CROI�?� If20id IVORKS (Joe Polnas�ek) 1 . � 4' lli�h by 127' 1_ong �. . . . . . . . . $ 38Q .00 2. 4' lzig}i for 34' a�ld 6' high for 9:S' ...$ 756.00 3. 4' }u_�h for 34' and 7' hi;�h for �3' ...$ 799.00 4. �' high ror 3-�' anci 8' hig}i �or 9.i' ...$ SG8 , OU �01'L; l'he exi.sti.ng an�rLmcnt Lu.ilciin�, �•:hic : i; atljaceiri. to the soutli property line, i.s bu�.lt on a 35' s.etback. An�� fei�ce ��hi.ch �coLklcl exceecl ihe 7' m��.i.nni;�� hei�Thth set by the Cit�- Council Lhr��u�;h a C:ity Ord:i.n,�nce, }��oul�l require a variance fro;u thc Cou��cil. 0 ' . . • . � , ' . : • i. � � , • ' ' - -_:=:. . �. �. x - ., • ' - . - °� a ' ' _._. . . - . P. r �. _ < . � - . - ' ��'� �� ;� � --_.�-::�.� .--�..�... 1 B - - - . � ; ��., , . � � � . . - _ _ . ______ , .� � s � , . . . _ _ . , � . _ �� . - • -- - . , � • . - �d _ � • ' � � - , � .,a, • _ � �� , . - � . �' ��` . � . 'J 1� � - � � _ : - - �� . . _ . �� _ !� �� :� � -. _+. : - �. � �:� � �� y,� �� -, � ,� - �;� : • � , �� .6E'�� a] (.j +� f".'4 �,� . • . . . . . . j� . � !4 �f d.e a`.�' t"" r� ...�C�,� . . , • . ,• . � rr iiv✓st'f6..�F - ' . .. ' � • - '• •... - . . { ` �� • y E � f �� iY _ '� �'� � ��-{� ti .� � �� @,( �a ' 'rs�" �. g �-� Z.i ��•` ° `;=! . � $ � 9 �, f p� � � +� " h II t a� za. �aP � � - . ' F � �.�: ✓ �.''n�: Fi a .��"l�f,S �as r � t �j . � -� �� y� ` `l � �_� �°i E�' !r� � �R � �� f"� �� . ` c D° : i : i e� E� . � J 3�.. �..� m L,3 i.a. g- U, . '� : : � d� ��r3��. ��0�3 :�'�P�e. '� C�`, • ' - : _ f ._. . _ � ' - �;�� . . . : � . : >- ; . .�� _`; . . . _ _ � - ' .. � . . � , • � - - � :- . . . - �- ;_ -_ : �t� . _ � . s,+wi . r - . rt`�... - � • • „ � , k-----Y,.�_^A--.,._.,x _._.... . � . � . '� � � - .. . . � �. . � . . ' . . .,.__......�. _. .:.. ' . - ... -.._r..,_., x .___x _. �._.,-_._ . a'°^ -°— < — " - ' • � • �2�..� _ . . . ' _ ." . � � "" - � � ,,.ewr,. � �. �� - . ' -�..- � .. i , . � �.. . Snu�sa�.�a..+��r .. .. . . ._.y.s. � � � �ii � , , � • � . -- . . � wJ . , j` - . g � .. � �.. ��' ♦ ..�, !; �+ l� i ; ;� _ l� - �r�.iv�1�r � f �� d� 62 � w � .h�:.., ' v - � yil . � • ', � ` ;i `°� � � `� s,� � .� t�, ' � � , . . a;,�, �:: x �� . �a;, �' . � , �� . l;'� ' 1 � ' . . '. . " . .� � ?'� •:,) � �5 p �� - . N . � a� �; .. , ' � • � Furnish and i_nst�ill all labor, m�itcrial,s', ar.cl �� , equiluuent necessary for the installation of�a chain � � ` �?.i�ll: fe>>cc. ';11�1 posts L� be set i.�i coiicz'ete. �! • , � • . ' � � �DR �`t h�. E3 ;' C_�. T> s��.clr� zcn-rzo�s i�o�z r.�:�7�r:r:r��LS - � � , � � , oz• s � - ---------- I Sci�ec�i or fabric - 9�;�i�jq�' .(s•unc fox• 4� f.c�icc) � �°PROV�D BY � ' , i I.i.nc: I'ost = 2'-Z" O.U. . (2" for ��' fcilcc) , DATE r/�/-�r � . � L:na !'ost 3" O.11. (2'i" for 4' f-ence � AC o-r . ) : i3�AG� . •. � �;cr_ • '1'op P.a i 1 - 1 5/ �" (samc ) _ c• - -------^'.—' . �.o�� --a� ��.2� }iYO� P��+� � �, �., . Dated: November 14 , 1973� - , . _ . . . ' 1 � � ' � � , �J ' C1 � ' . ��t� �� s c� �' � � PApKS A� RECR�TIO�V DE�;'ARTT ��NT Pau-� �.owji, D�tec��n �.UrJ CJ �y .ti1e TW-CILS t � Mr, itralter Or1er�liaa 50� 5312 Aveluie \ . E . Fxidley, rfinrlesota 55421 6A31 UPIIVEP.SITY AVENUE NF FRIDLEY, h11NNESOTA 55432 June 1, 1972 PHONE 560•3,SJ RE: Fence beti�een private property locatecl at SO1 53'� �vernae N.E. and the Park ��roperty commoulv refcrreci io as Oak I-lill Park, I ocated an �=� th �1ven�.ie and i th Street N. E. Dear T��r . Onermaa ; Tlie I'ridlcy Parks aTid Recreation Co,nmission }Ias r�£exred your. pxovle,�� to thc City �dministration �or consideration �d results, The City biana�er and I have .personally v.isitc;d the p��.rl: and �eviesyed. your si.tuation. tvit}1 your ap��roval, t�ie C7.�y ivould. like to proceec? i�is�h the followin�: Z. Install a 6' Chain Lini: Fence,.75' in Iennth.� This fe�icc �aoulcl be installed on .your Noxth� boundary line�, ru7�ni;�� East and L'dest, 2. 1'he ne�:�3y installed fence �aill rep�.ace your picke� £ence t�=hi.c}1 i s p��esently located oi. ��oiir properi:;� . . 3.. The home o��;rler ai;d the City i•.�ould shaxe �he cost o�' 1 the installatiaTi aild inr.terials, tti�iti; tlie llome o��r�ex pay111� �Oo and fihe City payin� the rerna�n�.n<< SO%. Cr.oi��n Iro;� ;'�`or.':s t�as estimatecl the cost of t.tic fence at �?_95,C0. , � , � 4. The ciiy ��ottl.d also rec{lic:st that the hc�;�:e o�:r�cr s;ran� t}lE' �,�i�' �iP C�;Cr�r�.�;?� � 1DIl�; til'; �?2'O�)C�]'��' �.IIlC, j:G2" t};�: jii�"�OSc Ot P:id].Ilt:E.'I1i:1110E:. It i.s our fct.l in� thziL thi � t�°; I l no;. solve t��c problcr,� o;: Ualls co�a;� u; infio )•oi�r yarcl, bz�t it shoulcl st�l�star:t��llt� li.r.�iL- iil:: txart`ic r:�?d cl�rn;�;c to youl pro�,ei �y. .` Your ra��id re�5��on�r. t� the Ci.t:y.'s recc�rr.rer�ct��tion t�ould bc: grcat?Y a�;prec.i � t c;1. i //�� ect£ull.;. ;.o��,:��,;- , C, L'�•��-'/��\ ✓•'S -�.. -.-�,.--••--- , lii:;;ii�\, �Dircct�,r f' t?r•��,-:,•�r ; n�, ,,,.,,,..,,- � PI3;cs � cc: Geraid D�ivis, City i�1�i�iagcr R c. _._-; , 1C � � ' � � ;� ' , �a 1 ;.. f � . , � � �,:� �� '� t �' < �,�� - �w� : l� s., �\ �:� '�.:s� �' � t �� i�� r�:3 �� C,: �ts C3 f''� �;�� ' � �� y� �X rj � ; � , � � � `, I � � t � � :.� � � `� �:� � �a 3 ,� 4:.�) t,i t �,�� k.,i � � :�.-� y��.-,:,�;:�� -��;:�.Y.�..,,.�.�,.� � ' �' �� . ,. ,� u ;; , �'-_: -.�.:�;:. 1 � r � ' , ' r i , � � ' , �� 'l 0 Z t� i�� D(1 �'f1 ;�� i•I�', iv'�1'te�' Ot2°rr:taa I��.i�e T"��`J�1.1 Ce f�t'�:'i� �, � � — , .ar_�;:�i:T, Pra�ex�iy a�'�nc� I'ro�i�ct .��- °' S��'r� 'SLr: o l�ln�s �'.C'Z.d.��,j% � I TY 0;= ��c i i.��EY 6't31 Uni.vcrsil:y Avenue N,C, f'x'.lcl�.f�Y, �i;1iI1C50�F! i:><j�? YIIC(L �i;0(:1�J, D.v�c�c�:a,`c Phone : 5�,0-3��50 };6� D,�i�; S��t 26, 1973 FROi�1; Pau1 Bra,•m, L1T8C��L'Ji !�.J ��` 94' .sa:'C.IJ�.'W-+i.s��+�. f �wahw ap�r-.9+9�-� .:�s.o.n - � ' . � , ' 1W'H'r-►'l�a"Tf°"V�'bV�>.T��O`�J�N/Y.V-NW'NY`,•� . �`p�a,p.� CiE' 11�:1-�i1 � t1 � ��c'1.i�Cti �,TCiL1 .L�� y01� �f'�v��.'.i O� �v�� 1�8i� ��s 1.9730 �r� L'i�`i.y of �ric:�ley a::c� o�.r �epar��:,.:�ar.� ��r� �l.aci �o h�ar fro�� you in respvc� •ta our ��re��;:nt as prapos�d in our l�t-c�r of Ju};� l, :Ly'(2. � � . I ha Je �ncJ.os°d a co�y oi our Ci�ty �e_�ce oxcLinaqceo You can s�� -cna�: th•� 8� fence do�s no� r�ee� the co��s th�refoz°a, s�r� hav2 d�;�e �trze follo:�i.n�: �..e �.11i.tC�. OU'� b? �5 �'ti; �e .i�C;:;2 ': J �i�;0 «ciui�20i�u;. 1J.�Cici�x'So 2. t•Ie have alread;� rec�i�aa a u�.d iro-� yoi:r. :ceco�me�c��d Iv:�aus�And�a•s�n Co. of S�, Paul, O�tr pui�cnasin;; a�e?�t, i�iro Iii.cid.aos has already m_ai?:-�d� a req?iest ��o t?�em far a 6� i�� d. 3• �S P�T' G� T'P.�L1�.3'Ll0?aSy W� c1i t^. �i up��"Z210 c?�'1 E-'�-25�i1n:il� �OI' "��l° 7.i1S i.3�.Z1l�ZdI1 of '�h_� £�nceo :�Tote: rl'hi:. :�r�_1.1. b� r�ai�led �i:o I��. QF��.�;;.aa_ f�r hi.s s:i;;ta��,ur� and rei.?tr7> Ef o-rd�r, hara :is ��rhaL �is� 1�� doq� iu orde.r to coriple�� utLis projec-�: lo 2. 3• !�. 5. 6e ?. Re �u�s�t bids. Tnci.ud�s hraus-F n�;�rsa� of :S-t. Paul. Si�,n a;r,r ease:nvn� �,o Ci�t•,y� o£ �'z�:i�.�la,,r, Receive f�•o�r� T•�r. Onex�r,.�a> Ravie:a an�3 a�p� o�:,� Ic�:, b:i_d. �'ippro�ed by i`r. Oner;�aa. � .� ,a R�.;c�i�1e ch=�c'-; �O;c, ol 'cat��? ) fx•o,;i '•:-r, Oner��aaa �;�,ard coni.rac�L. Insi.al:I. Z�'er.ce. ' TS"!t:.^-. I,l_;1�� T,'� �:c:i1l�� i.l_V�r Cil�_1. 7� �� ' 1 't r n <. > n ?' , ✓' J r�,j I.Li_ c;: 0',.'.T;t.� 1 1.� ll"i�:.l.liCi`��j j('1;:, _l7'v:i? t aI a Qil�%I'I1:ic.� . :C�t is ou� t.u.}� J ;�,.`.� .� .,�..,, � �. �_ V litill:i c7��T'i: �i.:Clv c1 � U't�'G�.:l.Cl:':C�• $�0'T3 ill;:'t'.t�:+ 1i:Lti1 y0�.2I' dLi��T'O!_2�.� tilori: an bi.c,s i� un:i�z-:ra;T. I�s soon <�s cr� t:a�-? al_l_ �;i,� :�at�x�:(.aJ. t,� i?��::d plu � t?-�� c::��c,�+�,:qt ancl c!i:;cri, :,�L can co_;�ul.�t�� t}Li ec�L. , � �'�'U,7 ----- -7 do hopa �nas :�i1.1 hana.lr. th� p_coc�1^,-� t.t�a, � e�? s�;s b•�i,T-r�:�?� �; �t� AarE: �nd t?�e � P�IINUT�S OF TriE P1�Rf<S q�1D R�CR�TZoN CO;f��IISS�o�� M�ETI�lG, OCTODER 2�, 1��, IJue to.tlle lack o• a c�uorum, the meeting was not offici�711y called to order, but 1� � since thc:re ivas a vi.sitor present, general discussion ��as opened ar 7:45 p.m., by Chair�naii 1>lair. � � biGI�SBI:?tS 1'ItLSI:�`f: Blair, Petersort. P�tE�tI3E}2S F:XCUSEU: St:inwiler., Cald�aell, ldagar. 0'I'(IERS PP.ESL',�i'I': Otto Tauer, 5566 2nd Street N.E., Pridley, 55432, 566-8716, Skyline Park. . Paul Bro�,�n, llirector of Parks a�1d Recreation. , Cathic Stordahl, Secretary to �he Coinmission. ,SKYLI�JE f'FlRK� i L� �1 � i � ' , , � �i.r. Otto '1'auer G�as preseiit to i_nform the Commi.ssioners of the problems tahich he is havi�ah in relation to his properfiy whicli is adjacent to Skyline Park. h1r. Tauer is the o��iner of a four-plex and has expressed concern for his propexty and the vehicles o�1ned by his tennants. I�fr. Tauer opened his discussion by stating that the tot park was installed without a fence io�tZich has created a problem since his driveiaay runs along th� park side of the buildino. }le exp].aiTled tlia�: he had requested t}ie installation of a�.ence and AIr. Bro�,�n had taken care of his requested by installinb a snow fence until such time as a permanent fence could be installed. A snow fencc is only 4' high and he £eels that this hei.ght is not adequate. T1r. 'TaL�ex displayed some rocks and a brol:en toy car �ehich he had pickcd u�� off of his drive��-ay. IIe stated that the toy car had punctured a car tir.e. I�1r. Tauer saicl tIiat it tvas his understanding tliat a four foot chain linl; fence is to be installed, and he intends to demand a higher fence. hir. Tauer further explained that AIr. Broi��n had i.nforrled }iim that accorc�ing to the City Ordi�lance regulating the insta.11ation of fences, the maximum heighth for a fence is seven feet. b4r. Tauer stated th�at he hacl checked �aith t}le fence conlpanies and they do not ma.ke a seven foot fence, so 31e is xequesting an ei�}rt foot fence. He clidn't th.i,nk that a six foot fence would tal:e care of his problem, bfr. Tauer asked �he Con:missioners to put theix intentions zn ��riting, so he would have a firm statement Lo worl: �ait.h . ' �tr. Tauer furt.her explained th�it there ti��as a lot v� fou]. lan�;uage used at t]Ze park, tl�c i:rasll barrels ��re be_in4 over-tt.rrled, aild the slicle appears to be a tar�ei for the rock t}iroti��ers. Fle has ealled t}le parents of the youths ��ho are abtisiilg the facilit�r �and Ilas even talked to Lt. Rick or the Police Departn�ent. i•�r. T�uer feels that t}ie youtli �iee�l a park, but he pays for a l.icense.to operate.11is four-plex and he £eels th«t he is entitled to sari:e protection, h;r. Tauer stated that other nei�hbors don'.t care eriough to complai.�l bec��use tlie;% do not own their liomes . If the probleins get too far� out of haiid, tliey � l I r:iove . He stated tl�at he was a�bout the on3y property owner iil tlie iiezg}iborllood. � i,ir. I�ro.,�n stat:ecl tliat it �•.as fi.he. 1)i�r�arta,ei:t's'intention to install a fence, but ;io ' h.ei.�hth or time table has Leen cle��ised. �1r. 'i'auer explaincd fihat IZe had alreauy installecl a 9 guane steel chain link fence on t:hree sides of his �roperty, and hacl cost lii�n almost $7�0.00. � � ;�lr. '1'auer reFerre�l to sorne ��r�vious conve;rsat.ion ;,hich he ha.t h,i;:t t�•ith ;Ir. Bro;�m wfiere they cli.scussed unsupervisecl chilcireri playing in the Park. }le asl:ed if there �vas samc c��ay that the l�arents could t�c forcc�l to supervi.sc thci_r children i�hile i:hcy are ��1�2}�i.i�;; :�t t}ic P�ir�'? �1r. L3r��n ��.�zcl ti�c Cor�missi.v►�i�rs s�..z�� that i:l�ere t�;as not. t�1r. 7`�tuer saicl that if tlie C:i.t.y ��ould �tirite a let:t.er ►�arnin� the resiaents of ti�c neic;lii�o��lioocl to <<�atcli their r}li.iclren, he i�aiilcl pei•son<illy cleliver tlie lett.e.s. � �lr. P,lair statecl th�it tlie City t��as i�l no pos i.fiion Lo �crite sucll a letter. , . . , . , ..., . . � Dlinutes SKYLif�E PARK ' i � � � o£ the Parks F, F.ecreati.oii Commission I�icet:i.n� , Octobex 29, 1973 CCOV`T): Pr��e 2 ��I Lt. Rick had su��ested that the �ieiohborhood patro� be used and that he in turn tti�ould phone ttie parents, accordina to 1�1r. 'I'aucr. If tllis riethod oF colitrol doesn't titiork, that the City taould have to take legal actioli. TIr. Tauer reported that Lt. Ric}; }ia� calied t}iree different.parents arid it seems to have helped. They aren't certain though, because sznce that time, school has oper�ed an� per.haps the yoLZth haue l.ess time to be out and earli.er hours. htr, 'Tauer tiaants the problems correctecl before scl�ool is over in the Spr:�ng. tIe recom;r.ended the installati.on of a night-watch light. Afr. Tauer i•epeated his request for an eidht foot fence. IIe said that the venetian slars i•roulc� be �lice, but �;ould probably serve as a sno�o trap, so he is askin� that � after the chain link fence is insi.alled, tiiat anothex length of fi�ier r�esh fencing be fastenea to the chain link fence, to prevent the children fxom thro;aing rocks onto his dri��etvay. He again asked fox a�aritten statement of the Commissioners in�Centions . ]�4r. £lair reminded �9r. Tauer that they did not have a quorum presen� so they couldn't � take any specific actioTl. t:e asked NIx. Bro:an to do some research on the problem and prepare a recomtnendatian for the November 26th meeting. � �ir.. Tauer t}tan�:ed the Commissioners f�r their time, and departecl. hir. Brotivn briefly reported on previous cont�ersations with rir. Tauer, and stated that , the main purpose ior the installation of the fence, taas to protect the children fro;n the driveG�ay i.raffic, wliicll the present 4' fence is doing. I-le state:I that withi�l time, tlie DepartMent does plan to install a perma,ient fence, but ttiat in his oi��n , opinion, the obligati.on of the City goes a10 f��rther tha�� th.e recommended 4' heighth. As far as the additional scxeening attached to the fence, T9r. Bro�an didn't feel it t,ras necessary. hir. I�roian said that he would researcli some prices and report to the Commission. � ' ' , i A4r. Peterson stated that he could understand AIr. Tatzer's cor�cern, since he lives next to Locke Park. Fie clecribed, brie£ly, his owri experiences. Mr. Blair said that he, too, l.ives adjacent to a Paxk, Plaza Park, and he felt that the oniy people who were having problems �aere bringino ttiem on themselves. D4r. Peterson explaiiie.l that from }�is oti,�n experiences, t11at }le ieels that Mr. Tauer has a legitimate complaint. Mr. Blair said that they ti�ould wait u�ltil t}ie November meetino to further discuss ttle situation. CORw0AR7 FQR COP�u�iOi�dS PARK � The discussion was turr�ecl to the memor.anduns prepared by Tir. Bro�vn, regarding t11e � •donation of a scoreboard f_or the Com�nons Park, and' the possible constxuc�ion of a scorcboard / storabe Uuildinh to be built ��•ithin the p�rk. Son�e general dS.scussian ' follo�,,��d ��ith the Conunissioners tr.yin� to deter.m�_n� just �.herc: the responsibility ' Iies. witli thc cost of constructing such a tauildin�,. AIr. Bro�d►i sai.d that it taould service t}�e fiootball Associat�on, flockey Association, and Babe Rutt� /lssociation. It �:�oulcl a:so contain the concession stana and controls for the sccirelioard. � Dir'. Blair askeci tha� Uan Sullit��in be invited to attelid tite Novembez� 26ti� meetino .of tlie Co.:intission, to £u�'thcr discuss ttie situatiail. Air. Sullivari }ias been appainred as the liason bet�ti�een the thrce grot�ps and the Lity. �SS I�3LE DONAT I OiJ OF A BUS , h1r. �rown refcrre�l to the possit�le (lOIl1t10J1 of a bus by thc Jaycees, He stated that II �:� •.-he.had done--a study for the Cit7� Aciministration, regarding costs, liabi2ities, etc., � � �' � . : � � ` : , . �I OF RIUI.EY nr F ,� . � . . . � . � i '� � 6431 Univers�.ty Avenue N.E. • FridZey, Mznnesota 5S432 `�� r ��t��►� - - : f � PAUL BROWN, �-ucec�an . . i �' . Phone; 560-3450 X64 - . M��10RANDUM 1 _ -. TCy3 City Councii /.Acting City�Manager : DAi'E: ,November 16, 1973 � ��1�1�+ Insurance for donated bus . FROT'i � Paul Brown i . . . .� �• Gentlemen: . . � . As re uested I have asked ', q , the P. M. Endsley Insurance Com�any to provide additional in�ormation in respect to.rates fox�i::creased coverage � on the proposed donation of a bus by the Fri.dley 3aycees. Listed below . are the rates received from Dale Hadtrath's office on November•16th. ' BODILY INJURY LIMITS PROPERTY DAMAGE LIMTTS . COSTS �. � ' �ioa,000 / $�oo,000 �ioo,000 � zoa.00 � _ $200,000 / $50O,OQ0 . � . . $100;000 $ 265.00 (approx) � $500,000 / $].,000,000 $1Q0;OOa $ 340.00 (apProx) I � ' � . , � � Res ectfully submi , . � �'t. _ , ' I' � AUL B jv' , Director . � Parks � Recreation Department � � . . I �: PB;cs cc: Parks F� Recreation Commission � Fridley Jaycees � �. � . . . I .. � . I . I � � � - � . � ' I^�, J � � r; ` .4% /�� ,:-, � � � ' . � �Y�� (.�1 �j � (�'� � � i �°� � � ,.. ;. -�.. r ' ti � "'a ( .;�,i r'�� ' = � � s� y.� F� l� �34� � ` � �� : . 1 :. �.� . �� .� E� � �� « ��CP�ORA��DIIr� �� City Council and Acting City Alanager CI1Y oF FR I DLEY 6431 tlniversity Avenue N.E. Friclley, Minnesata 55432 PAU[. �R�f:'!�', a�,�.ec.�on Phone; 560-3450 X64 �x�� November IS, 1973 � , ��.�.�� Scllool Bus Donati_on fro;n Fridley Jaycees F��+ Paul l�rotvn, Director ' . Detailed Schedule Outline Parks �, r,ecreation ¢ m � ' C� , � ' � ' � � � �J Gentlemen: Follo�viii� is the detailed infoimation tiahich you rec{uested on November S, 1973. Please refer to the Parks F, Recreati_on Niemorandum of October. 25, 1973; for additional information in respect ta this possible donation. In addition to the information listed below, please rev�,ew the attached repox•t on Columbia Heights' bus progxam. � SEASOV Fall ACTIVITY Pr�dley Youth Football Association Fridley Recreation (hiisc) ' 19inter Hock�y Assoeiation of Fridley � Ski Lessons Ski Tri�s Fri.dley Recreation (Afisc) Spxa.n� Jr. B�zbe Ruth Basebail Fridley Recreation (,•�ti.sc) Swnmer. City-wide Shuttle Service (stops a.t Parks on taay to Moore Lakc Be�.ch} � P1ayUroi�nds - Special Events $ Field Trips Fri.dley Recreation (�9� sc) "Fridley Recreation (nlisc): • Seni.or Citizens Ci.vic Group Field `I'ri�s City-<<�:i.de: StaCf F�ielii 'I'rips Industrial Commission Tour HOURS 25 _* 60 40 40 _� 25 _� 616 42 _* 10 24 s S TOTAL i-►O+JRS OF OPER/1T I OPd , , , , , , , , , , , , �5 Tf this project xeceives Council approval, a formal, written policy should be adoi�ted iti order to co�ifirol use of thc hu,, and��r lor'tics established. (Exar:iple: Ci.ty llall E'olicy - l�iio can use it ancl by �,�ha��rior.' �y?) . � , }tcspectfu ,'� i:E:d, �� : C$ I�f��II. f3I\�i'rl , 'OI cc: :l:ici: Yow�g, Presi.clent, �.C.'s Paz,ks t� Recreation Department , REPORT ON BUSLS O�t�;ED 13Y TfIL COLl1�1BI:� IiETGIIT'S PARf�S £� RECREA'I'ION UE°�R"I°•i 2 A � ' ,� � C '� ' C J ' . , � � ' ' . . C' ' ' ' I.�.»da tlatlsen - 788--866�J Kecx eatio�i Director The Hei.� hts o��rn t�tiro btiises . The £irst oTle iaas donated by the Columbia �feights Boostexs and the secoi�d t�ras donated by the School District. They have si� d.rivers - 4 of �vhich are custodians at the sehools who maintain bus drivex licenses. The ather t��o dxivers are students at the U of �itiaho worF; for the Spring Lake Park bus conparzy. New drivers get �2.50 per hoar ana moxe expexienced drivers receive $2.G0 an hour. The bus schedu2e is set up at the bebinning of the year. If there's a conflict, the group cYho uses it tlie most ��ould be given top priority. They've not had a p-roblem, since they have ihe ti�to buses. . � They do not allow �heir Civic groups to make use of the buses. This only created probiems in tlie past, as �oell as excessive main�enance. The Citv garage ma�ntains the buses. Just t}iis year, a policy was adopted ��hich oiily permits the Recxeation Department to use the buses. Tlie buses are used o�l an averaoe' of 4 to 5 times per <<�eek, on a year-arotirid basis. Colinnbia �leights offexs a shut�le bus servi.ce �ahich mo��es between the parks. T}iis lzas worked out very �•rell. There is no c}Zarbe. A1iss Flansen feels that the buses have saved the City a lot of money. She highly reconunends tllat Recreatio�l Depart:nents o�vi� and o�erate their olan Uuses. . John Murzy�l, �aho is in chaxge of the Parks Department, also stated that tYie buses are a �ood irnTestment and }iave saved the City a lot of money. PF:cs c�_: llick Youn,;, I'resid:�n*, J.C.'s es�ectf llY subntitted, _ � AU�, I3ROtiti�, Dir to� a7�ks F� Recreation Department 0 fYf�� '� r 2 " d� i'.�;.J '� �-r7 :-< �j �j �`i � �:-:! r � � ti::-, • � :.`'� � c.. c.;,' �:� �1— �:r°-�� ' � � --�� ,'� � yJ t�, {� t` �� Iy�f �� 1�A �� t�� ts:� . � - • �= : � : i� i ` � .. ::. 1,:t E-7 t� u j� M /,r.ii5�4:k.C'f��F[� !�! .a�{ . ? � � � . It 'r; . � 4::-<x,: �A_,':� ��1 � C�t 0►; A�� ll�i i�i `I��i ��ctin� Cit;� P•:anaoer c/c City Council �!��"'-�T: Detailed ini^oxr:�a-L� on an giit of - Scnool �us fxo_n JC�s �I7Y 0� �FI�LEY 6431 Uiiivers� ty Avcniic T; , j„ Friclley, D1innesot�z S5!�� PACIL 1;P.0�:.�?J, �.i,�cec��c��Y Phone; 56U-3450 X(,4 ��f-i i � ; Ft;O��j ; Octobar 25, 1973 2ll Paul nro:an, Direc �or � .�,�.:-��,��...�,. �..,�.,,..� �.,...,..v. Gentl�iaan, Pl�as� be advised of tl�e fol� o;�:ing in.foz�r��ion in resp�ct to q�es-�ions concern-ins __ th� z�ossibl.e gi;F't oi a School. �zs from the Fridle;yT Ja;,�cees. I have mac�e this s�udy t-T1TR the coo�eratio;� of the rridley Police Pe�ar�men�, oz:r Cit;� l�nsurarce A�ercy and the Fridley Bus S�rv.�ce �(�?oger Chris�tianson). `l'h�;�- ha�a - o�ferzd t:�eir xdeas and factual inior�ation. Tha follotrring ar.s��rers are submitted via y-our memo of Oc �obnr 18th. °:� D�'ivin ; Costs : :, �� :ainte�ance ancl Upkeep Stora ;Q Cos'c. �,>� Snsurance . � �3.75%hour for t�e oxiver/s. � .`�a. 7�/mile based or� �OSS2b1� 10, 000 tni.les use per yeur. y 7�5ao.00 No Cost - Ci�,y Garage Area. �20�.00/year --• Nate attached lettsr from Endsle� Co:�ipany. Activi.�;ies (Cur��en�) Pla�graunds � Spec�al Eve;�ts _ Fie1d Trips Sl�aing -- Lessons - Trips �px`OpOa @C� � �z�cy j'I�de Sf�u�L-cle Ser�:ice (Surz�nez�) Se�t Schedu�.e on prede Lermi�le� xoute aro�,znd parks. Hoc�ey Association �a�ies r`'ootbal�, Associa-�5.or� ;aMns Baseball G�mes (Jx BaU� Ruth) � Senior Cita.z�ns . Civic Gro��ps (I� zsJ d `i'xips ) Ci�ty :•lide ! ield Trips (S�taff) �ClQUS vi :�ci�. CO:�II1laSl0:'� 1011T� � Hours It2 80 616 60 25 2S 1.0 21� 8 5 �That �re have speni: in the �ast ttao years: 1972: $2,l��0.5� 1973: 1,�15.00 (to dat� ) ih�:re i�rould be no need t� hire any additiona7. sL<f£ 'rue to this gift. We only n�nci to esi�bli��z a list of ZO �o Z2 qualified drivers of the bus. (for hire ) 0 , . . ' Detai.led info.r�aati.on on �a.it of School Bus iro:� JC�s paC� 2 Other reco;i?r;�ndatio ,s� 1. Bu� sho�.zld be as new as possible to defer repairs and U�,sible brea!�dot;7s. 2. Bus S?1oua�a r.��r� a;iLO�a �ic dri.ve anc? po:;er ste?rit;.�. � 3. It should i�e 2(55) passen�er ty�e. Driver Rea latioas: Volun�teers -may driye �he bus. If -chey dq th��r r.ust l:av� 1 c'i ��p�tt Or' ��_�� class�_f�catio� 77r,C�i;,n, ,-A r�-;, � �; ,•� h h, ^�;�;. � If c_. Y i�, hired, h mu � ha- c aafi lic�tls, I�; i�- ::;; pe,��o�al z�eccr ' n�i �t all d�•7. r;:.r^ be p� 'c � ci�� ` ,�ler;�atio U1 • 0' .J a d b;;� h ,T aurit�g �_ts use. I ieel ;•re nust be very careiul in this n�attar. ' Tnis gives sene deiail as ta iJha�t use and cost the bus could be to the City, ' � fully subnittnd, � ��" � � � '' � - p3 P_�tTL BR��r�,`t� Di.rector cc: Parics and Recreation Co-nmi.ssion ' :.� Dick Youn�,�JC�s . ' ' . � `_ ' � - , , • . ' . ' . . . - . • , ' � ' � ' . � 2� 0 ' ' ' ' ' ' ' , . , ' ' ' ' , ' ' . . ' ' ' ' � ORDINANCE NO. AN ORDINANCE DESIGNATING CREEK AND RIVER PRESERVATION MANAGEMENT DISTRICT, REGULATING THE USE AND DEVELOPMENT THEREOF, THE TSSUANCE OF PERMITS, PROVIDING PENALTIES FOR VIOLATION The Council of the City of Fridley do ordain as follows: SECTION 1. Title The short form title by which this ordinance may be referred to shall be "The Creek and River ' Preservation Management Ordinance" and shall be - added to the zoning ordinance 205.157 under additional uses and restrictions - All districts 205.15. SECTION 2. Purposes and Intent The purpose of this ordinance is to gui�e and regulate� the orderly development of such land to preserve and protect the natural state of the cre�ks and rivers, to prevent polluting materials from being carried directly into the natural streams, to preserve adequate ground water in filtration, to . protect surface and ground water supplies, to promote � public health,. safety and general welfare by minimizing losses due to periodic flooding and eliminate the obstruction of flood flow that would cause hazard to life and property. . SECTTON 3. Definitions Accessory Building -means a subordinate building or use which is located on the same lot on which the main building or use is situated and which is reasonably necessary and incidental to the conduct of the primary use of such building or main use. Channel -means natural or artificial depression of perc�ptible extent, with definite beds ' and banks to confine and conduct, either continuously or periodically, the water in respective creeks. Commission -means Fridley Planning Commission. Commissioner -means the Commissi.on of the Department of Natural Resources of the State of Minnesota. � Council CRP-1 CRP-2 -means Fridley City Council. -means Creek and River Protection Zone 1. -means Creek and River Protection Zone 2. ' Creek and River Preservation Management Ordinance Page 2 3 A Flood or Flooding 1 -means a temporary rise in flow or stage that results in inundation of the areas adjacent to the channel. ' LJ , ' ' ' lJ ' 1 _� , � � � ' J � ' ' Fl�od Plain -means the areas adjoining a watercourse which have been or hereafter may be covered by regional flood. Flood Profile -means a graph or a longitudinal plot of water s�rface elevations of a flood event along a stream or a river. � Flood Proofing-means a combination of provisions, changes or adjustments to properties and struc- tures subject to flooding primarily for the reducticn or eliminatior� of flood damage. Floodway -means the channel of the watercourse and those portions of the adjoining flood plains which are resonably required to carry an�� discharge the regional tlood. Obstruction -means any storage ot material or equip- ment, dam, wall, wharf, embankment, levee, road, dike, pile, abutment, projection, excavation, channel rectification, culvert, building, wire, fence, stockpiZe, refuse, fill, deposit, clearing of trees or vege- tation, structure or matter in, al.ong, across or projecting, in whole or part, into any flood plain. � Preservation Distri:ct -means River and Creek Preservation Dis- trict set up by this ordinance. Profile -means Officzal Creek and River profile. Regulatory Flood Protection Elevation -means a point not less than two feet above the regional flood (100 year flood) level. Structure -means anything that is built or construct- ed, an edifice or�building of any kind, or any piece of work artificially built up or'composed of parts joined together in some definite manner, whether of a temporary or permanent character. SECTION 4, Lands Sub-ject To This Ordinance (a) The establishment of boundaries The boundaries of the Creek and River Preservation District are hereby estab�ished as shown on the zoning map of the City of Fridley. This boundary ' Creek and River Preservation Management Ordinance Page 3 �� ' � is made up of twa protection zones (CRP-1, CRP-2) which contains all Iands within the jurisdiction of the City which are subject to periodic flooding and which lie below the regulatory flood protection elevation on the official creek and river profile (herinafter called the profile) on file in the City Hall, open for inspection by the public, during regular business hours. (b) Location of boundaries '• . The elevations as shown on the Profile shall be , the governi.ng factor in locating creek and river protection boundaries. , � � � L�� ' � , � � � ' ' � I � SECTION 5. District Uses, Permits and Standards (a) District Use The intent of this section is to provide a supple- mentary overlay district which is made up of two protection zones, CRP-1, CRP-2, within any of the exis�ing original zoning districts. Development of this district will follow the requirements of the origirial zoning district in addition to the requirements of this section. (b) Permitted Uses in CRP-1 Zone No structure or any portion thereof shall be con- structed or placed within protection zone CRP-1 of the Preservation District. Nor shal'1 there be any grading,� filling or excavating of land or any land use established on any property within this zone with the following exceptions: (I) Any use having a law flood damage potential including recrEational uses, parking lots, residential yards, loading areas, storage yards, water control structures and other open space usES. (2) Structures accessory to the above uses may be permitted if: (a) Structures are not for human habitation. (b) (c) (d) Structures have a low fZood damage potential. Structures are firmly anchored to prevent floatation. Accessory buildings are not more than 150 square feet. (3) A1.1 structures permitted in this section with the exception of public uses require a Special Use Permit. (4) Any removal of existing trees over�3 inches in diameter shall require City approval. , 3C Creek and River Preservation Management Ordinance Page 4 ' ' C. J , ' , - ' � J � � , I _� , �J ' � ' (C) Public Facilities Public utilitiy facilities, roads, railroad tracks and bridges within the preservation District shall be designed to minimize increases in flood elevation � and must be reviewed by all governmental bodies having jurisdiction, but in all cases the City of Fridley will make the final determination. (d) Permitted Uses in CRP-2 Zone No building or structure or any portion thereof shall be placed within protection zone CRP-2 of. the Preservation District, unless a Special Use Permit is granted. Nor shall there be any grading, filling or excavating of land or any land use established on any property w:.thin the Preservation District unless a Special Use Permit is granted. No Special Use Permit shall be granted within the CRP-2 zone except in accordance with the following regulations. (l) No Special Use Permit shall be authorized which would result in incompatible land uses or which would be detrimental to the protection of surface and ground water supplies. (2) No Special Use Permit shall be authorized for structures which will increase the financial burdens in.posed on the community and its individuals through increasing floods and .. overflow of water .onto land areas adjacent to the creeks and. rivers. (3) No Special Use Permit shall be issued unless the proposal is in keeping with land use plans and planning objectives for the City of Fridley and which will not increase or cause danger to life or property. (4) Special Use Permits shall only be issued in ihose cases which are corisitent with the ob- jectives and encouraging land use compatible with tr�e preservation of the natural land forms and vegetation. (5) No Special Use Permit shall be issued for any fill unless shown to have some beneficial purpose to the property and the amount thereof must not exceed that necessary to achieve the intended purpose, as demonstrated by a plan submitted by the owner showing the uses to which the filled land will be put, the kind of fill, and the final dimensions of the proposed fill or other materials. Such fill shall be protected against erosion by rip-rap, vegeta- tive cover, or bulkheading if deemed necessary. ' Creek and River Preservation Management Ordinance Page 5 3 D ' (6) No Special Use Permit shall be issued for garbage or waste disposal sites or systems. ' I �_ � ' � , � � ' ' � � ' ' , (7) No Special Use Permit shall be issued unless the applicant, in support of his application, shall submit enginnering data, site plans and other plans and other information as the City may require, in order to determine the effects of such development on the bed, bank, channel, floodway or flood plain in the Preservation District. The applicant shall submit four , copies of the application and the information. (8) No Special Use Permit shall '�e issuel unless the proposed use or obs-cruc-cion has been reviewed by all governmental bocies having jurisdiction over such use or obstruction, if said review is required by statues, ordinances, rules or regulations applicable to such gov- •ernmental bodies and to such use or obstruc- . tion, but in all cases the City of Fridley � will make the final determination. SECTION 6. Additional Restrictions (a) In addition to the requirements set out in Section 5 of this ordinance, no Speci.al Use Permit shall � be issued for any obstruction in the CRP-2 zone unless the followinq provisions are met: (1) Structures Structures for habitation con- structed on fill shall be constructed so th«t the basement floor, or first floor, if there is no basement, is above the regulatory flood protection elevation with the fill at that elevGtion at least fifteFn (15) feet beyond the limits of any structure or building erected thereon. Where existing streets or utilities are at elevations which make compli-. � ance with the foregoing sentence impractical, or in other special circumstances, the Plan- ning Commission may authorize other techniques for. flood protection under the Special Use Permit. (2) Other. Uses Accessory land uses, such as assessory build'ings, yards and parking lots may pe at elevations lower than the regulatory flood protection elevation if a Special Use Permit is first granted pursuant to this ordinance. (3) �Storage Any storage or processing of materials ' � that in time of flooding may be buoyant, flammable; explosive or could be injurious to human, animal or plant life is prohibited. ' � �i � � � � , ' � � CJ i ' , ' � ' � , ' Creek and River Preservation Managem�nt Ordinance Page 6 3 E SECTION 7. Administration: Application for Issuance of Special Permits and Variances (a) Administration: The zoning adminzstrator shall administer and enforce this or.dinance. (b) Special Use Permit: A Special Use Permit shall be applied for and obtained prior to the construc- ticn, erection, addition or alteration of any obstruction wholly or partly in the Preservation District. (c) A�p7.ication for Permit: Application for Special Use Permits under this ordinance shall be made by the owner or owners of the land, in duplicate to the zoning administrat�r, on forms furnished by the City and shall.be accompanied initially by such of the following intormation, and additional information, data and plans, as is deemed necessary by tr.e zoning administrator for det�rming compliance with this ordinance, and for determining the effects of the ��roposed activ.ity in the Preservation District and the buildability of the particular site for the proposed �improvement, use or obstruction. (1} Plans (surface view) including a survey by a Minnesota registered land survey2r, showing elevations or contaurs of the ground, pertinent obstruction elevations, size, location spacial arrangement of all pro��osed and existing ob- structions on the site, in relation to exist- ing and proposed obstructions to the channel location, location and elevations of streets, water supp�y and sanitary facilities, photo- graphs showing existing land uses and vegeta- tion upstream and downstream, and soil types. (2) Specifications for building construction and materials, �loodproofing, filling, dredging, grading, channel improvem�nt, storage of mate- rials, water supply (including withdrawal and discharge of ground and surface water), and sanitary facilities. (d) A�plication For Variance: Application for variance � under this ordinance shall be made by.the owner or owners of the land, in duplicate to the Zoning Ad- ministrator on forms furnished by the City. Vari- ances to the Creek and River.Protection Ordinance must only be for reasons of exceptional circum- stances when the strict enforcement of this ordi- nance wouZd cause undue hardship and strict conform- ity with the standards would be unreasonable, im- practical and not feasible under the circumstances. Variances granted under this ordinance must be consistent with the general purpose of these stand- ards. Although variances may be used to modify � . Creek and River Preservation Management Ordinance Page 7� 3 F permissible methods of flood protection, no ' � variance shall provide for a zesser degree of . flood protection than stated in this ordinance. ' (e) Issuance of Permit: The zoning administrator shall issue the Special Use Permit upon approval of the application there�ore by the City Council. � � � � � ' fl J � ' � f'� � � � i ' ' ' SECTION 8. SECTTON 9. Planning Commission: Powers and Duties and Technical Assistance (a) The Planning Commission: Powers and Duties (b) (1) The Commission shall hear all requests for Special Use Permits under this ordinar_ce(as set by Section 205.194 of the City Zoning Ordinance). They wi11 also hear all variances pertaining to this ordinance. The zoning administrator or other officer designated by the local governing body shall submit to the Commissioner a copy of any application for � a variance or Special Use Permzt where a hearinq is to be held to consider such appli-. catzon. The Commissioner shall receive at le�_st ten (10) days notice of the hearing. Such notice shall specify the time, place and subject matter of the hearing and shall be accompan3.ed by such supporting information as is necessary to indicate tY:.e nature and effect or the proposed use. A copy of all decisions granting a variance or Special Use Permit to _ the provisions of the Creek and River Preserva- tion Management Ordinance sh��ll be forwarded to the Commissioner within�ten (10) days of sucli . action . Technical Assistance (1} The Commission may transm'it the inforr�.ation . received by it to the appropriate Watershed District or the Commissioner tor technical � assistance, where necessary zn the opinion of the Commission, to evaluate the proposed pro- jeci in relation to flocd heights and veloci- ties, and seriousness of flood damage to the use, the adequacy of the plans for protections, compliance with Sections 5, 6 and 7 of this ordin«nce, and other technical matters. Non-conforming Uses: (a) An obstruction or structure, or the use of a structure or premises, which was lawful before adoption of this ordinance but which is not in conformity with tlZe provisions of this ordinance may be continued, subject to the following con- ditions. ■ 3G � Creek and River Preservation Management Ordinance Page 8 ' ' LJ ' ' ' ' ' I _l �J iJ L� (1) No suCh obstruction, use or structure shall be expanded, changed, enlarged or altered in any way �aithout complying, in all respects, with this ordinance, including but not limited to, the obtair�ing of all required permits and variances. (2) If such use of such obstruction or structure, or use of such premises is discontinued for twelve consecutive months, any subsequent use of thE: obstruction, structure, or premises� shaJ_1 comply, in all respects, with this ordinance, including, but not limited to, the obtaining of all required permits and variances. (3) If any nonconforming obstruction or strucure is destroyed or damaged by any means, includ- ing floods, to the extE:nt that the cost of repairing or restoring such destruction or damage would be 50 percent or more of its market value th?n it shall not be reconstructed except in full compliance, in all respects, with the provisions of this ordinance, includ- ing, but not limited to, the obtaining of all required permits and variances. SECTION 10. Misdemeanor; Public Nuisanc�; Penalt Any pFrsc:n who violates any provision of this ordinance or fails.to comply with any o� its terms or requirements shall be guiZty of a misdem�anor punishable by a fine of not more than $300 or imprisoned for not more than 90 days, or_ both, and in addition shall pay all costs of prosecutian and expenses involved in the case. Each day such violation continues shall be considered a sep- arate offense. ' Every obstruction or use placed or maintained in the Preservation District in violation of this ordinance is hereby declared to be a public nuisance and creation , thereof may be enjoined and the maintenance thereof abated by appropriate judicial action. � . No�hing herein contained shall prevent th� �i�ty from taking such other lawful action as is necessary to prevent, remedy or remove any violation. ' � �! � ' SECTION 11. Amendments (a) The Preservation District elevations on the Profile may be changed by amendment to this ord� nance, and such change, when made, shall be shown on the Profile. If future conditions make it necessary to re-evaluate the district boundaries because of increased or flooding potential which would affect the health, safety and welfare o� the ' . . 3N Creek and River Preservation Management Ordinance Page 9 � citizens, the elevation will be corrected by the Council by amendment to this ordinance. � (b) All amendments shall be submitted to the appropriate Watershed District and the Commissioner, and shall be approved by the Comr�.issioner prior to adoption. , ' ' ' ' , 1 ' � ' ' SECTION 12. Authority This ordinance is adopted pursuant to the authority granted by Minnesota Statutes 1969, Chapter 104. SECTION 13. Interpretation In interpreting and applying the provisions of this ordinance, they shall be held to be the minimum re- quirements for the promotion of the public health, safety, prosperity and ger:eral welfare. It is not the intentian of thi.s ordinance to interfere with, abr.ogate or. annul any covenant or other agreement between parties, nor the provisi.ons of any ordinance of the City; px'ovided, however, where this ordinance impases a qreater restriction upon the use or improve- ment of any premises than those imposed or required by other statutes, or�.inances, rules, regulations or permits of. tr�e City, Sta�te, or appropriate Watershed District, or by covenants or agreer:ents, the provisions of this ordinance shall govern. SECTION 14. Partial Invalidit If any section, subsection, paragraph, sentence, clause or phrase of this ordinar:ce is, far any reason, held to be a.nvalid or unenforceable, as to any person or circumstance, the application of such section, subsection, paragraph, sentence, clause or phrase to persons or circumstances other than those as to which.it shall be held invalid or unenforceable, sh�:ll not be affected thereby, and all provisions hereof, in all other respects, shall re�rain valid and enfarceabZe. SECTION 15. Warning and Disclaimer of Liability , . . This ardinance does not.imply tr.at areas outside the Preservation District or land uses or obstr•uctions � permitted within the Preservation District will be free from flooding or flood damages. This ordinance shall ' not create liability on the part of the City or any official or er:ployee thereof, �or any flood damages that result from re7.iance on this ordinance or any City ' action taken or administration or Council decision Zawfully made hereunder. ' � ' II Creek and Ri�er Preser.vation Management Ordinance Page 10 SECTION 16. This ordir,ance shall be effective immediately upon its passage an� publication. PASSED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF , 1973. ATTES T : CITY CLERK - Marvin C. Brunsell Public Hearing : November 12, 1973 First Reading: Second Reading: Publish........ MAYOR - FRANK G. 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Y.i/ '.= di r--� �!-j i�i . �c� v� � 1. �, .-- L`r i� ' %, .L% r='i= /'�7/<' r;'/�.c�'L-� Cs_/��i'? t�L= ;/L 06�1 %'�'i=� %!��'E;^f�(=l? % ' �� ✓L �a��,�'- C/%' Z'_� �`/�r= �.x�? � % �v'-' � %�"/`'��1///�.�� 1.��'/L= 7- `� Z`1� ��X" G`��= _� �;T_ 1'�' c?��7'. . , - � � �S � �= �='c�-�� i -'�G%/_``�c�' 7�' �. � C��.;-�2�7r--1 C.��T�c��t �/n 7�1'- �/�'�71�G� _z"vt 7,��=�� "��-i�7 7�'� fa'oolG v.� I _ , 1<' � �>��/�'��t-�=,�2 � �� :� �> �',%r� % r �� , ' 7-i�'1= L--,Y;7_'� -i1i;'G �� %�J�'G�= : Y:�"7��l�i'< Z�� =�;!1 (.s�- o v�, ,� z �,_.T-'�_��t. �i'I-;'� /��7`�" i�'� :; G � �> %�G�==� . O!` i=✓� *-7�%'l?� - �I�' - ' � ' ��<-�S � ' ;L �o y� %� 1�1 T�> �,�" � /� � y�Ur� c� v� ��= �'� �� o�= -,.�� - lz_: ��>�� r� ' z-� �.��'/2�-�.:� �-� %�==�rJ . � c, Z//� C'"._��l_ (v/ � �i � � A.� � ��.�:" � ��. fc�.l,'`r.. h - � ' i �� :� i ti,,/ �� f.� I,` �� _._� a �� ` i, _ 0 4C Frank Damon 64�4 i�iverview Terrace Fridley, Tviinn. 55432 To th� City Sewer ana �vater �;ngineer: 4Je are peti ti�oning against having t:rie city sewer hooked up on our pro�;erty because of the great expense. There �ar.e three families do��r� by the river,J-ohnsons, Kopro�!skis and us, that have �he sa�ne proble„�. �°a'e are located over 200 �t from the stree��, all down.hill terrazn. 4Je would ap�;recaa�e your looking into this probleli� for us, and G�re nope to be exemp-� from the mandatory hook-up. � Thank-you � �'�,.-�--��, �-}..,,.��--,...--- Fra� Damon ,�.'`u� -- � �?,�j�,Ur��.� �..%��'"z.�'� �.-� �� . - Bonnle Damon ' '� � � i , �.__! � , ' ' � C_� i � , ' , ' ' � 560-3450 �r� o �`�l� � � 6431 UNIVERSITY AVENUE NE ANOKA COUNTY November 15, ].9 73 4D FRIDLEY, MINNESOTA 5342Y � 55432 , Re: Waiver of City Sewer Sexvice Connection Requirement Dear Sir: The City of Fridley Engineering Department is in receipt of your letter regarding the above mentior�d subject. The sewer connection requirements are in conformity with "Sewage and Waste Control Rules and Regulations for the Metropolitan Disposal System", specifically Article 4, Section 4-7. These rules were adopted by the Metropolitan Sewer Board on Deeember 1, 1971. A copy of the pertinent section is enclosed for your informa.tion. Since the city of Fridley sewer system is a collector system for the AletropoZitan Sewer Board and the sewer lin.es were available for this area on December 1, 1971, the rec{uire- ments indicate that the properties in this area should be con- nected by December 1, 1973, which is within 24 months of adoption of the rules. • The se,wer connection can be made by means af a lift pump and appropriate piping to `the existing sewer by any reputable plumbing contractor. As these rules are adopted by the Metropolitan Sewer Board, according to the law, the City of Fridley has no authority to waive t}iese rules. Enforcement of these rules is the responsi- bility of the Chief Administrator of the MetropoZiian Sewer Board. 0 � � Letter Re: Sewer Service Connection 11-15-73 Page 2 ' '' A review of your properiy with the Finance Department showed no previous sewer�lateral assessment levied agains� the property. Since a considerable expense woulci be incurred in order to con- nect to the sewer, the Engineering Department will recommend I that the City Council waive the normal sewer ' lateral assessment levied against the property at the time of connecti.on. , I ' � ' Your letter regarding this request wi�l be received by the City Co��nci�. at the regular Council Meeting of NovemUer 19, 1973. At that time the possibility of waiving the sewer lateral assess- ment wzll be discussed. If there are further c{uestions regardin� the sewer connection rec{uirement, please contact Mr. Don l�loom of the Metrapolitan Sewer Board, or me. RNS/jm � Yours very truly, Richard N. Sobiech Assistant Engineer MR � ELMER .JQHNSON 64�0 RIVERVIEW TERRACE MR� FRANK DAMON 6��4 RIVERVI�EW TERRACE MR� �OHN KOP�OWSKI 6�i%O RIVERVIEW TERRACE � rn z y �-3 O 4E 1 � a�rEC�� tv. ' ' ' ' CQf�tf�ECTIQt'�!S TO i�!lET�QROLtT�iV DtSPOSA,t Sl''ST�M. 4 F �ection 4-1. . Coz�nection: Permit No connection to the metropolitan disposal sysLem sliall be made �vithout prior issuance of a pei•mit signed i�y tlie C}2ief Administrator for such con- neetiora and, iL required, the payment of a permit fee, connection charge, or boih. Section 4-2. Co�in.ectio�: �ppiica.tion V��heriever any pei•son or local government unit desires to connect to the metropolitan disposal system, an application for such connection shall be submitted to 1:he Clti�f Aclministrator for his approval. Every such applica- tion st1a11 be m4d� l�y a1i apprapriate represenCative of the local government unit iii tvhich the ct�nnection is to Ue Zocated. , Seetion 4-3. Conxtecfiora: FA�zp�.icatio� ��fori��atiort Any sucli applicat.iori shall be accompaziied by plans an� specifications upon � wliich shall be sl�o«n the location, c�imensions, deptlis and giades of any se�ver or sewer systems fo be connected. The application shall aiso be aecom- �anied by lul.l inforrna�ion as to the area.s, po�ulation, and developments to be served, zoning, and any other in1'oi-mation requested by the Chief Admin- ' . . istrator as to tlie source, quantity and characteristics of the ��aste to be discharged, materials of eonstruciion, and construction period. �. ' r , ' Section 4-4. Co��aection: �ns�►ectiom �''rior to Use All connections madc to the metropolitan disposal system shall be subject to di�•ect irspection b� the Chief Administrator prior to the cliscYiarge of any ��raste irllo the metro��olitan disposal systeri. No iilspection �vill be znade �rior to issuance of a pertnit t�nd �ayment af any applicable permit fee and connec�ion charge. �ec4;io� 4-5. Co�zs.ecf.ion: l�otice Qf 'afi'o�k Qz� Any person ox� tocal government unit ivhich has been issued a permit for connection to �the metropolifan disposal syst�m shall notify the Chief Ad- ministratoi at least L�vo (2} full wor�:ing days �i•ior to t�Y:e cominencement of any work autliorizect to �e done by such permit. �ectiou 4-G. �on.faection: %.ee�uires��a�t €or �a.rtie Any person or local �7c�verr�iz��:�nt unit in Li�c meti•opc�litan area may be re- ' c�uired tc� ��x•ovide fot tlze discharbe of its waste, directly or indirectly, into the metz�opolit��n dispo4;al. system, or to connect any di�posal system or part thereof witli the rnei;c�o�olitan disp�sal system wliere�-er reasoz�ai�le oppor- � tunfty therefbr is provide�i, Sucf� dzscliarges shall be measured i�i a manner approved by the Se�ver Board. � �: � ' � ' Secfion 2-7. CiOTtIEP,CttOIIS: Priv�te I?isllas3I Systems Witl�in tc�venty-four (24) months after a public sewer connected to the met- ropolitan disposal systei�i becomes avai)able to a propei-ty served by a priv- ate se�vage disposal system or treat��ient �vorl�s, a direct connection �Iiall be m�c�c to tlie ��uulic se�vei' ]ll COIIlj�)17nce �villi tlie ierms of tl�ese rules and regulations. Tlie pri��ate disposal facilities sliall be abaiidoned in a safe and suitable manncr. —3— • �� F h �', � �FM i It r+�,l ��' � Tf{aLr I .,�i ',� j / . Noie : !';..,.. ., . , ,_� . � �\ �.. .�e• '�`\ � , _ . . : /9'..;^N. ` `. .T r /o! 3�r'. �.� i., r,; e: � - .� . � ,; � �K;,,�s.�<�.� �, p., o�� 4 G � '\` '�',�/ : TRp�T ��`.; . .:; �: . � : �('' �'f. 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Ili!v.�J. 1 1_ , : �� . e1 �;�i � S (i% 2 i `� � �� _ � ,� , � � � > � � "�, k. ` '� ��, �� ! .. .:.. . i._ �• � k� � ...t�_._.._.._�_.___.....� � ... j � _ _........_ .�_._. . � l � ` �, � r� t ' „ ;t,- : . , r >> J r, L � j '. :. ;.. ' � • �� ( 2 � , . J rr � (. ��l � . ' � , . . � � I � y [�i � � a i � � . . , � ,�'' �' �. , �. � I � � ' � \ + 1 ' � � + �. i �� 1 � • �-ti.�� . . �. ,�.�. _: � �� / % ( t �.' ` � `r � e i � � f: � .., . . � ��: J � . . . - , �.'-" ' . � � ' . . �� . .,. f �� E., E��! _..._.Y..^...��,-. � 7 � .., / . . ' < / /, 'r"`�..� � i I { I' ^ - l0 . �0., 3`- � � ,� � , � ti�' .t ,` � .; : ---_ ,- - I' . . ,. � �,S�p'"..�'�Vu��S N4�" �ioit�'.v.�'G7'.E�� 7'0 �«' Y ,�,�'f��'� ; � ('evo�,� �� ,�,�f ,�� ,�� Fo,� s�w��,��A,�� ' ' , 5 �� TI-IE MINUT�S 0� TIII's BOARD OF APP�ALS SUBCO�S�SITT�E M��TING OF I�OV}:PtI3ER 13 1973 The meering was called to order by Chaixman Dribans at 7:40 P.M. M�fi�l3�RS PP.l?SI:NT: Dri�ans, Crowdex, M�P7BFRS AF�SEi�T: None UTfI�F.S YRESI:NT: Howard Mattson - Gabel, Plemel, Wahlberg Engineering Aide 1 MOTION by Plemel, seconded by Gabel, to approve the minutes of the Octobex 23, 1973 mecting as written. Upon a voice vote, there being no nays, the motion carried. LJ ' I� iJ u ' � '� I � ' ' ' u , ' 1. A RrQi1I?ST T'0�'. �'�I:7�_?�C'T'S Ol ST'C`TTON G5.053, �+A, P'RI�LL'�' CI7:'�'. COD1� TO I�F.DUCF - --- -- - _ �, - THE :f'I:C�t;T Y,"�,1:D S, i f�.: ��< 1'.1 C�I11 i 1:T �''?:(��f 35 r f l T TO 28 I FrT, AiCD, S]�CTIUiv 45.I53, 4C, 'i'C! 1'rr.UC,a 1;!F IZ��:"tJ: Y!'•:?{.D Sr`"1'.Ci�' � A�i�j`QUT_l�} k�i�`!' 1�� O��I 25 FrET TO Z1 T'ErT,�TO A��LO;d iIl'-CO��a',:�'CTI'0;; 0!' 1t� L�nD�'1'IOd C) �'10 Ai� L«�:STI.i;G �;�,'l�LLli;c' LOCIi1Lll 0�� T��T � i3I L� ��. 3, i:�� '�� ^� ;,� �� ; t OI' b7 OC::S 13, 1�� ::D l5, PL�Si•:Oii:t'H _ vT �+r J�r� .+.� 1>�� i�!; �]�1_-4�11� :\\ 1\�J'. 1; . F T Rl'1�I.E�', t 1;�:;IsSOTE1. (l:EQIiLST �DDl 'LI_ 0;� 1, . � . _ -. - ----- �--� BX I�fi2. 131:tiCl� NLD':C;�.,1:D, 111-�'+5`l.'H t1�T; NU� I`.�. , I'RID,� T EY�iiIi�T:�ESOTA. ) Mr. Bruce Neclegaard and P1r. BiJ_1 Camp, genexal contractor, were present to pxeser�t the request, MOTION Uy Sdahlberg, seconded by G�bel, L-o «aive r.eading the public hearing notiee. Upon a voice vote, ther.e bcirc� no nays, t�he motion carxied. Mx. Canip came forcaaxd �aith a plot plan oi the propexty. He stated he built �7x, Tvectegaard's oxiUinal house ancl no�a he �vants L-o add on a family room and gaxage but they neecl a�axi,anr.e on both the front and rear yards. He said when the l�ouse was�built, the Cade stated they had to have 35 foot setbacks on both sides as t�his is a co��ner 1ot. Mx. Camp stated the front•yard setback an the structure ta the jti'est is 29 feet, the stxucture to the East (across 2nd St.) is 28 feet, and this vaxiance �aill not be out of line w ith what is alr�ady existing in the area. Cliairman Drigans aslced if the neighbors had been gxanted v�xiances and Mr. Camp said that since the houses are considexably older, they could have been built without variances. T'Ir. Cro�ader aslced if there is no�a an existing garage and r1r. Nedegaard answered that tltere �:?as not, just �.parlcing space. Cl�ai.xman Drigans aslced if a firewall would be installed and l�ir. Camp said there would Ue. Mr. Camp said the addition will be 30feefi 6 inches by 36 feet and the family room wiZl �Ztcnd 1[E feet by 22 feet 6 inches across the Uack. He said the xest of Lhe addition will be �axage and stoxa�e axea. : Chainnan Drig;ins asked if they planned to starL• construction this fall yet if the variances �aere a��proved. TIr. Camp answered they did, in fact, they would .lilce to get a foundation permit ri�;ht away, before Council action on the request. ' lie sazd if thcy coulcl C0115t1i1CC the fooein�s no�o, and if Council would deny the request, iC �ao�ild be the applicanL's loss. 0 ' T}�c Tii.nutcs of the P.oard of Appeals rteeti»g of Novembcr. 13, • 1973 Pa; rirs, t��ihll>c:r�; astced i.f tlicre would be any entrance to the house from the ga��o_ ' or wauld Clic b�irz�e opening into the f�mily ro�m Ue the only one. Mr. Camp said iL- t,�ot�ld only op�n into L1ie f�mil.y r.00n�. �� ' �� ' � .� , � , , ' ' , i , � , ' 5A Ai0TI0N Uy Cro�•�cler, scconded by Plemel, to cl:ose the public hcaring. Upon a voice voLe., tlicre bci_n� no nays, ttie m�tion c«rri_ed unanimously. Chai.xman Dri,;ans si:ated the hardship seems to be the lacl: of a gaxa�e. He said therc J�:��:�:J Lo bc no major problc�::s �aith this variance as the adjoining pro�ert:�es h�cve s i mil.«r scr.baci:s . rixs. 13��h11>ex•� stated tl�e setbacics �vould l�:eep �vith the existing strucL-ures in tlia nei;;tiborhood ,iud t1i1.1 �:oL be a dc�terent. rir. 1'lemcl statcd tl�� addii�ion �ail.l be Ui�;oer than the original structure and sYiould ��dd co�i:>iderab�c vaI.ue to -i_t. � i3OTIOiv b;� Cro��dex, �econded by ��:ahlberb, t-o recommend to the CiL-y Council, approval i�f t.l:e variances, the xcason bein� , the hardsliip .is discussed. IIe adcled itirtlier, year� a�o the setbac':cs �aere 35 �eet on street sides of cori�er 'lo�s ancl thi_s l�as no;•� cn<<ii�e��. Upon a voice vote, thcre beind no nays, the )?10�1.01? cax'ried un�.?-,i_n,ot:sly. . 2. A 1:E�17ES7' �rOR A t:^:�;� 1��Cr 0; Sf:CTION 45. 154, 3, FRIDLEY C�'1'Y COD�,� TO I�CFE.ISE � TI1�: i`.1:::L. . t�'. � C',:T 4'�; �,��;�:C� �.; ��,1::1,: Yt�:.D a?i �,`•I 7 �:'J,�.T�TO S FEPT_ TO �� L0;•I THr E?Z}:C'i'1�:� `� �1�x'l�f_�' ,� t?'i ,�";y0iv I.OI 17 ,�T �,^:< a., 1� �IPI�E TE�:�'.!�Ck� 2\D ADD?`l'I0�1, 7'�:�: �t1'.t` b�I__ ��O i- 5 �' ��(�� ,.. T'._�_ i��lii T Y�, ; � �Gi('i1�<�. ii�i�Qu1�ST liY iIR. VILJO � U:�L..,7�.:�, _`.�01 - 53'� ��.\.;:��,�,^\.E. , T'F.1D��L�'. �:I� :,t;SOT[1. ) rix. Onei�,la�i �aas presez�t to pr_esent his r.equest. I�40TIOi�' by [�Jal�7_bexg, seconded by Gabe]_, to t��aive reading the public hearing noti_ce. U�on a vozc� vote, tliere being no n�ys, the motion caxried unanimously.� P1x. Onerm�ia stated he I.ives on the corner o� 532 Avenue and 7th Street. He said there is 1 playyro;:r�ci adjacent to his rear lot line �ahich 11as a lot of activity. lie sai.d balls land in Iii.s yard a11 the time and the kids cli.mb aver l�is e:�isLi�7; piciceL fence ,ancl usually c�use some Lype o� damabe. He sZid he ��,�t�zt:s to install a F3 foot cYlai.n linl;, fence that he cai7.1 pay for h:imscli �;it1.1 ��o mainLenzncc far the Cit�y. IIe said L-his fence wi11 prevent tlie. b�11s from comi�ig 1I1t0 his yard as r�uch and it �ai11 not blocic tl�e view of L'iafiic. ' � rix. Crotacicr. asi:ed if iL- taas correct that L-he Par.k Departtnent had agreec� to pay }�11� oJ= thc cosL of thc �encc if: a 6 foot ience Caas installed. i•ir. Onci-maa ans�ae�.ed tl�at Lhe Parl: Dr�partment ta�iS iJllll.11�.�, to pay hali of •a 6 fooL fence but l�c ��ant:ed �n �i foot fence. Iie s<zi.d it �•aould just Ue along his bact: 10� Zine becci<<se ]tc i�ota lizs �t 4 foot� ctiaii� li��k on top �i a retaii�ing �oall along 7C1� 5t�reet-. Ile said this �•:oulcl mal:e L-lic l:ids �aallc,aroun:l to tlie front �;atc Lo rc�t�-icvc any balls ttiat mi;;tiL go inCo llle yard and would liopefully cut do��n on Clte ci�in�a�;e czuseci to his property, especially calicn Lhey areii't home. � � � 71�c illlll(�C:S oL the 13oard of Ap�cal_s 2•feeting of November 1.3, 1973 Pa;e 3 5� rir.. Cro�•�der. aslcecl tahat- the nei�hbors to tlze �ast have in the line oL feneing and also wlizt he tl�inl:s of tlie variance. 1�Ir. Onermaa anscaered that he has a 6 foot red�,00d Scucc but he has a lot of Lrees, and thcre isn't as much activity on that eiicl oL L-tie playgr.ound, lie said hi_s neighbor has no objection. 1 Mr'. Cro��de�- sZid lie "�aondered if tlie neighbor �aotild be coming iii aslcing to add 2 tnore i�cL ta Izis rcu�aooci fcnce ar�d l�ir. Onermaa sai�l tie didn`i: think he would bec�use t1�aL fence is therc: alreaay. � ' �� _J ' , 1 j � ' 1 ��. r ' � 2�.rs, t:alilbcr� �zslced ho�� 11i;h the �-et�inin�; t-�a11 �1ong 7th Street �aas anci Tir. oner�na�. answercd it slants fxom 3 feet to 6 Leet, and then his 4 f:oot fence is on t.op of it, lie sai<l tlie Cii.y desixoyed his origin�l fence alonh 7th Stree�t and hc l�ai.d for. tiie ne�a fence Iiimself. ' �ir.. Cxo�rcler zslced I�i;,. Oi�ermaa if he ��ias a:t�are that a 7 fooi: tence could be insza].l.ccl i��zi:liot�.t � vaxi� i,ce and Ti�-. One�'ri;aa said he �aas. rlx. Cxc�ader asl:�cl i_f he had considered puttii�g� in a gate in this ience and t�ir. 0�lennaa sai_d he �aou7.d not install a g�.te in it. r4rs. Cdahlber;; stated she �aas concerned that the kids �•ai11 be CaaZlcing on 7th St:lcet to get to the gate to rei:ri.eve tlie balls, She said that coulci be dangerous as %t11 Strcei: zs a busy strcet, but t:l�en she added, they would also have �o �aal.l� arou��d if_ a 7 t�ot fence was installed. rir. Plemel stated he didn't Lhink 1 i�ot would malce that much diiference. r1r, Crot•ader aslted if he ��as puttin� up the ience to also blocic out the view of: the kids and ?•fr. Onermaa said he �aas no�. It �aas just to pa�atect his pi ope-rLy . I�1r. Crowder. asJ:ed 2�ix< Onez-maa if he would go �long taith a 7 �oot feizce if the Ca.Ly would pay �ox lialf of it and rir. Onermaa said no. � ri0TZ0;I by Cxo�lder, seconded by Gabel, tQ close tlle public heaxing. Upon a , voice vote, there being no nays, the motion caxried unanimously. MQTION by l?1emel, seconded i�}* Cxo�ader, ta reconunend to the Council, approval o£ the vari�znce. Upoi1 a voice voLe, thexe bein; no nays, L-he motion carxied. Mrs. 1dahlberU said she f:eli tlie City should investigai.e pJ_anting vines, shrubs, etc., on Llie Parl: sicle of this iencc. • � Iio:aard riattson said the City does h�ve a plan to review and update a11 of its ��rl�s in LI�e nc�x iuture. n r�:��.�r�:s�r ��or :n ��nrr��,�c„��_srcrzo�� s.�73, �n� ��rznl,r;� cz�� co»r, To r.�nuc� , . ,.,., , , , .;,, ,.. — �- � - ,; – , •;, ,. 1'lII� ,�:1?�1 }_i�;r�111 f i_�_i; ti I i,(7; �1.1:11, _,,-., I li\ i.'J'S 1'i:0��i 2,�00 (ltit�_.i� ] I�i�:l' I i�„ lI„i�T 7'0 19Ou U,� tit�t ��1�� ] 1 1��1 i'i ;, U;.l �_ CO `t1 t��t.? ilii C',t� ��:I�C1t�0�v Oi? �1 130 li�.]_7' �",P:A�:'E';i1:i�T CC?',ll'1,1;\ l);� 'I'!� ;,U�i'f',i C��),� i'1;1;'1' 0� 1I:.' :Oi:'Cli Ll`irC> 1� :C'I' OP :I'f�;' l'l:i'J' 3u5 t'1?i;T 0;? 7'lli' ]��ti'1 1�� TJ' l� �_I �C �;i1i � I1''.A��'1'��1_' .' , i� Ol' '1'1' �` 0, Lli�•:1��S'1.' ;11' �� I�l;l: 01� .`�� C 7'I0.`: 1�E+_ 7'-3O l`- �'f �_.'� � t) ,:1 ('Oi''; i:� l�:Ll_I'7' f l�' [��l'.,`;'1' 3ll r�!: i l��';� r,_ 1.�O?: S'1'KI:I;'I' :1.`•;� [('I'IT�I'I ;.' l't?l:� U�;� �i i' `\ ;' 1! 1''.r G•'aQl�-- `;�'� 5'.Ci�'�' I'� '' �!:1;)T.i;l'��(�,�i:�'O'I'ii I;1:(�U1�57' , , — — . •; , . . _� _ � . 1�Y��i:U.l, CU!;}'U.� �'I'LO;�;, uU:��) C1:1):11�: ,'\�'I�::tll: SU11'i,'(i. 1�L(lt)�i7i:(�1'U;:, i'l�li��!?Sl)7'.1. )� 1 ' � � � � ' � ' � Tl�e tiinu�cs of Lhe Board of Appeals Ttcetini of November 13, 1973 Page - � ' Mr. Rtidol.pli Datitc �aa.s present to prescnt his requesL-. r10TT.U;� by Gabcl., seconded l�y Czocac�er, to taaive readi��g the public hearing notice. Upon ci vc�i.cc voi�c, Llaere bein; no nays, tlie motion carried. Ilowcirit 2•��tLL'san p�-esc:nLed to the Boa7:'cl a plot plan tliat had been Ci.ty Chcit �a��s a r.esult of a speci.al mc.etinU held on October 17, prGSCnGcd L-�� Llie l;o�zrct a 7 ist of stipula.ti.ans connecLed to this tIizt �.as dr:��rn up by t-.he CiL'y �d;ni.nist'raLion. dracan up by the 1973. He also deve 1 o p�nen t� Ch<u.��7:��:n Dris;zns xezd �.l.oud i:he minutcs of the special Council meeting of Octobez 1.7, 1973. �'� SUiilP,1��-}� o� L-lie mintiL-es is tliat tlie TJ�I1 Coxporation felt .... they* r��t:�-t 1oT,�r the qullit�� vf tiie developmen� due to the'fact L21at t�ousiii� cost:s h:lvc becor;:�� u�ir.c�asona��7_e. 7`l�e h«ve elir�inatec�i t11e recr.eatian buildi_n�, cliatl �cc� L12e �.*��r��:;c�s to be. onc cr�r instead� oL t:�,�o and they �aanL- the R-3 units to }�c 7-c�nL«ls ,'1'iia Cou?�ci1 turned do��n the p7_an subr,�itted to thcm by [•;all Co:rporation �;�:ct �:�_�it.ec�. a ne�a prc�posal. L-li:it caould �L-i.11 include; 1. 22 residential lot� o�- �t� 1_e�.:�.t. �,1 appxo:,i.maLion o� 2'l. 2.. 7:'he Counci_I su��ested I30 aparL-;nent unit:s be const_�-�act:�d i.ii tlle rc:n�al pric.e raz:ge of one bec�rovt:i at $195, t�•�o becl;-oom �.t $2bU r�i�u at Llie 1973 xczLes. 3. 'Cl1e dxaina�e cost tai11 be taken care of by t}:c de�rciol�nx�nt: and they �aill m:iiltain L-he drainage pond as per previat�s abre�:n�cnt. ,Lr. li.l.-rick, cluxi.n�; this meei:i_ng, stated he felt that if thexe is an acc�ptznce of Ct��is �}rojecL, l�efore t�ie builcTi.n� pe�:rnit coiild be i.ssueei, an CSrdinri:icc ch�.n�e would Iiave i:o be made to remove tLe rent�al ?_equirement fxom the Oxclinance, ot�I7e:1.�aise tl�er.e zaould be a conflict. T� the Ordinance can be . amend��cl, tl�ere �aaulcl be iio problem in acceptance. P�iz. 1'lemel aslced why �Iz. �Ierxick had saici i;he Oxdinance would have to be clian�e�l. . riz. llanie repl�.ecl Lhat the 0�_dinaa.�ce at this Lime s<�.ys a person cannot have � a sing7_e fami.l_y hai�.e and r.elit it out but that the Coue can be changed. He added tlie Idall Corporai:ion has aslcecl iox a dif�exeiit type of to�onhouse unit �aiiicli ��ou1d be ��irlilar Lo tlie 1�ice Cr_�el. T�tionllouse P�:oject. Iie said the Cot�ncil ��as tai:en out i:o a pxojcct in r<3C;en to see �ahat it t�7as like and to see � whzL L-tie [Jill Cr�xporation is p?ai��'zng i:o buiJ.d. II.^ addect the ]ioard couJ.d tell by tlie special meeting minutes tliat a�etia Councilmen clidn't lilce tl�e k.agen project. � � � � i .� � Cliail-r�an D�'igzns aslced i�' tlle appxoved 155 uni.t townhouse complex had been ai�ancic,�icd ��zld i�iT�. Dailte replied t1�at zt liad as they �eli: ir was absolutely i.mpossible 'to btiild todzy�. . TIi. D:tnte s�tid tlie discussion at Llie Coux�ci_1 2leeta.n` caas �ox 130 to 135 ux�its. Iie saa.d tl�� Counc:il c,:�nteci R-T. lots axound ihe perir�eter of thc project. IIe saici l�r_ as:icecl ZIr, Qureslii zbaut the size of �:esidcnti2l �.ots rec�uired and he was tald 75 feei b}� 1.20 ieeL, lIe said I�Iz. Qiia-cslii i:lien st:�rted mlrlcing up t}ie p1oC ��l�t�i sliowi.n ; tite residc�i�iaJ. 7_ots .}Ic said hc clid tioC � think i.t is up to rlr. Quxeslii to dr.i�a up the l�yout for Liie Wall Cor�oration. 5C , Tlie tfintitc�s of Llic ro�zrci of nppc�i.ls hteetiiig of.November 13,'.1973 Pn�e 5 5 D � � �� Chlirr,kln bri.�;ans asl:cd if �Ir. llante had their proposal layot.it. rir. llante said thcy �>roposed 135 I:-3 units wiLh xesidenti�l loLs around the perimetcr witli vaz; iii;; loL' si� cs, lic said lie �aasn't a�•:are of P�1r. QuresY�i's pla�i tuiLil he sa�� it duri.r.�; an intenni.ssi.oii of a Cou�zcil mcetin�, lIc said tticy are' worl:ing oii tl�eir lctyout i�uL- it is not complete as yet. . �Ir. 1•iciCLson slid tlie plo� plan t.hat the l3oard has is a visu:ll r.epresentation of tlle list: oL stii�ulaLio�zs tllzt ��acxe a�r.eed upon by ti�e t��all Coxporation and thc Cit�y as a resulL of ttle r:�eeta.n�s. ' 2•Ir. P,.inte sai.c� tt�e pl.an is �•,�t�at Lhc� ent.ixe �roup (Counci.l ,1ceLin� ) Lhought � ' ��aas �;oacl, h:�,':evc:x, ti�cy said ��e �aould stil.l have to go tl�rou�h � 11 ttie 130� rds - , ancl Co.»niiti:c�e.� c:itl� ovr plans. ��e addecl Lhat the public licarin� notice. states J.30 uniLs ��;ci i{ you Li�;ure ir oui: usin� 19UG per uni.t, you coiae up with 141 ' unit s. }fe �aiu l�e `s not sayi.n� ti�ey �aill put in 141 units, but tt�at Lhe} �•rere tiold tli�; c:7u?.d l,c;ti*e 130 ta 135 tti�:tts. r � , 1•. � � I � r ' � � � � ' I�ir. Cro;ader state:.' this xequest t�r a va.ri.��nce sound.s vcly premature. IIe said anyt:ii:le lie ��oulci }l;,ve to v�tc on a xequest for the iZ-3 part of tlie project Coi_tliotit lcnocair�� ,h�t is �o liappc:n t'o t1_ie T2-1 part, he would have to vote no. Iie s�tic� he �aotild ��ot Iil;e to see L1�aL- the I'�-3 �oas built and then "tlave no one .. Irnota �:tiat z.-ouJ.d h� ppen Lo tl�e :�-1, I�i�_. Cro�ader s�id t�c felt PIr. Dante sh�ulcl gei'to�;ethcx z•».tt� tl�e Cit:y <•,dministxatio,z ai,d decide c,11�at i.s beii;g pr�posed. He added he also had a quest:ion on �tie numUex of dxiveca�ys that axe shown on the plan. Nix. Da�:ite s�ryid llc di.d noL- talo�a as he did not dza��a up this plan. T1rs. t,�:�l�lberg asl;ed i� 2�1r. Dante has iiis proposal drawn up on th�s and if not, �•ahy is ttiis item befoie the ]�oard. M�:. Dantc said he didn't kno��, otller than tor the time factor that is involved in g�in� bef-oxe all ttie t;oazds. rSx. CrU�adcr stated he felt the entire praperty should be discussecl, iiot just one paxt ot' it. C.'I1�Il.X'Ill1l1 I)r.i.Rans said ilx. L�anto •has stated that he feels it should be Lhe idaZZ Corpor�ztio.i tlzat ��rould have a cliance to submit ilzc�ir plan for consi.deration. He s�lid tl�c ,13o;�rcl Gould t<�b1e t}ie reques� for more plans or tliey could pass , i_t onto tl�e Ylannin� Corunission tn consa.der when they considex the preliminary plat. r1x. Plemel zsked 9.� it ��Tould be proper to pass tlie variance just to get tl�e : ball. ro:llin� and tli.c rest of tlie Board tlioiighL• � t would not. Mx. llante cliscussecl the 7.ogic in the C:i.ty's thi.nkin� �ahen they s�ty they don`t �.�ttnL tlic R-3 next to the R-1 across tllc strect and yet they want l:-1 1x011I1CI the peri.meLer of Chis �a:oject as a buf�er which is puttin� 1't-1' next L-o P.-3. Cl�ai�7nnn I?ri��ans said i� docs seem thaL T1r. pante isn't pleased wiLli what Lhe CiLy has clr�lti:�n up. y � , � J , � � � i ' , Tlic I�tin�.�tc�s of tl�e Roaxd of l�l�i�cal.s T1ee�Z of Navembcr 13, 1973 PA�e 6 5 E Mr. D1nte said he never sa�a t-his plan and he has not seen any of Ciie rninutes oi' tl�c meeti.nf;s. 1!c said he thou�ht this meeting �ni�ht be tor 1eCt-ing the adjacei�� -operty o�•mcrs laio�,� �ahat is being proposed znd to fi_nd ou� ho�a many would bc objccting. l�irs. ��;�t}l�.bcr.� sl:ztcci the Boarcl taould l�e neglecting thei.�- xesponsiUiliLies if tlic�y apl;roved a vari��.nce �aith�ut seein� ��hat is being proposed. P1r. Gus lioty, o�ane�' oi tl�e doublc� bungalotas jt.tst south of this pzoperty, sZcited hi_s end pro,>��ity is pxobably as close to the jti'all properL-y as any, anc� he had receivc�d r1nCi.c�s in Lt�� T�a�.l that ��p��axently tlie ro�rd of tlppr_�ls is not a�a�rc of. 1?c saicl l,e reccived a P>�ard of Appeals Public llca�:ind I�otice for .. tlie vc:,�i,>>ICC, a Y1.<�i�nin; Cotr:mission Public 1;.ea.rin� i�oti.ce for tl�c prelimznar�� pl�3Z c;nd c� C�..y Co:�::c:i.l. 1'ublzc. :�c�rin� :�?otice for the fin11 plat. IIe saict he 1:hou7hL there shoulcl be a plrit i.n ��ci� tance a.f these meei_inU are �eing he1d. .I�e s;ii.ci ��e ��:as stirl��,i��e<1 the 1>oa�r:d doesn't have ttie p�eli.minary pltit and he is al�o ��r�ri.sed t�Lat rlle Bcaxci 1111� ht have ta table i:;iis item far Iack of infor.lrstion. . Mx. Cro�.de.r asked TI-r. Doty ��haL- his opinion �aas on i:�ie vaxiance. I�ir. ]]ot:y said he tl.ozt�hi to be overly pxotec�ivc, like oz� .this �roper.�y, the City i_s r:2��tcin� it: p�?-�cti_�cally i_;npossible to developr. 1Ie said he felt the 1906 per unit is aue�uate and could sho�a tize Loa�:d many units in to�on Lhat are less. . Mr. Dant_e stated �all�n they �e11 the City t17at they �vi11 encumber t}iemselves, ai�d use ihci_r own 1and, and put tip tlieir a�•�n money, and put up the n.oney for draina"e systen�s,� t:hey don�t �aant tlie CitS� �o lceep cutting off ttieir rights to develope t:liis pro jecL-. - , PIr. Jolin Fletty, 6361 - 7tti Street, said 1ie �aould lilce L-o mal:e a general com�nienC, lIe said s:i.nce 1965 i.:his pxopezt.y has bc�en be�ol-e Che City �or all di.ifercilt reqt�est:s «ncl <+uxi.n� that �i_me, tlie ntaiiers seemed to be a.�r�cable to everytliing the City �vanted, even .to go �xs f�,r as giviilg them part a� the land.. � He saicl no�a zt seems tha� you t•,ant to scale. the pxoject do�an to pr�ct�.cally nothinz because of fi.nancial probJ.ems, and to da away wiL-h the recreation a:.-ea. , L Mr. I)A111:C ans�aer_ed ��e taas �1ot opposing the City as far as S�Lj�U�c'i�]_OT1S buL- that lic doe �n `i. �� i� thein �o dra�a up l�is plan foa- him. He said �al�en he comes up rai.th a p1�111� ��7�11C�1 he is paying his archi.�ects for, then its the City `s duty _�o ses if tiis f�lari atixces witli tlie Code and'pl��tzining. . Chai.z��.�.�.1 D�.i,;atls sL-�ltcd the idall CoxporaLiozi is zntcrested in this pzoject enou,;li Lo sp�nd a 1ar�;c. amount oL ruoney to acquire tlle Iand and tIien LItere wcre , occuzxercc�::tliaL prevented Lliem from doing it, btit' they are stiZl i:rying to develoi>c t.lic property. , . � � � � rii . Czo�,�dr.i- asl:ed l�ir. 1� leLt}* is lie �aas opposed to the v<�.xiance on Lhe P.-3 if tlicr.c is It-1 al.l aro�uid the periineter of the I�r'ojecL-. rir. 1'l.ct�ty sctid if t_llere is an I:-1. UuSicr �iround it, he probably woulcln�t even s��e it, l��i� l�c said lic wtts prett:y confused as ta wl�at is �;oin�; on, Tlie t�1l.n�iL��s of Llic ];oar.d of Appc��ls MeeL-in; of Noveiubcr 13, 1973 Pa�e 7 � I�ir.. �dayne Sauriders, 500 - 63rd �lvenue, said he is s�ill opposed Lor various 5 F xcasons. Ilc s�1i_d Lhi.s is a request to get more units then allo�ti�ed which IDC111S IllO1C L'Z1tI1G��dIl1Ct1 tlic less we br.in� in the better. He said the idea I� th�Z� tliese axe sm111cs is not a good reason to approve it as L.he gl�ettos axe also sr�tzll iinits. I�`� � Ch��.ixm<in llri7ans sai.d 155 units was appzoved at one Lime and now we are down to 130 uni�s atfd 22 YCSI.CICI7t1c`i�. IlOUSES lahicli is a lot less. rir, Sauiiders sai_d th�t i� true, but its still not final. Cliax.rincl�i llri.�>,<�ns st<ted t}le nc�Lices went out r.eading 130 uniL-s, and it seenis the people �;ho recci.vcd th:se c�ic1 not objecL- to this i�umbcr, as f:I�ey are not prese��l�, 1>u�: i� tlie �inal plan sl�o;as a numbcr greater than this, they miglit 1:11C11 O�),j CG 1: . Tiz. Czo�ader stat.ed he ��ou1d lilce to aci on this request if he l:neca �ahat the �clr�vcloper �:�nnL-r�d io rcquesi. , Airs. Wahll�e�-�; a:;l:ed iir. Dante �ti�Ylat he thought of the I906 figure anu Mr. Dante , xePliecl tti�,t this fioui°e meant nothing to �11111. IIe addecl thut this iigur� has notliing La do caitli t�he size of L-hc: ua�iLs. P10TION by GaUel, seconde�l by Crowdei�, to close 'i:he public �heaxing, Upon a voice vote, there bei�.�g no r�ays, tlie motion ca'rried unan�.rnously. MOT70�? by j�?ahlberg, seconcled Uy Cro�ade�-, io �able this i.tem, in vietia of the many discrepancies; u�.zti1. the l�oard can see the actual ��Ta11 Corporation proposal. Upon a voice vote, �hexe be5_ng no nays, Ltie rnotion carried uitanimous ly . • . CIl<11.7'It1Elri Drigans stated that i.L' seems the Cit.y has, spent consiclerable tir,ie in pr.epaxin� Lliis plot pl_an, Uut it raas not even shoti�ii to the Cti�all Corporation. 4�. A Pl�'(?Li);S7' FOR A Vt��l'.TAti�CL O:E Sl?C`l'ION 45.135, � l, G2, 1�hIllI,L'�' CI`I'S.' CODF, TO�ALLOW _�._ � _ __.__ _ _ E1 I.,C),�DI.��G ])�;f;h 'a'0 LJ? I.UCt�,Ti�.D I.N ':i'H3�� F'i�O��T �'c�IZD OI? AN �.Li�?DUS��'I::!:nT litTlT,Dl\G TG I�I; T OC:1'.l'!':1) Oi� I..O't'S S� 6� L1iiT) 7. Iil:OC;� 1�_ Oiv��.;'41�' L�DD1T:`LOiv 7.'IfE Sx��i�i� EL�.\G "/$60 i`:.�\IP' ' _ � . , _ .�-7�, y S`.Il:J�I:`1'. N.1'� z_ 1•'1:1'T)�,T�Yy i�il��:i�:ES01'[�. (I:i�;��CTL� 'i li�' 1). W. IIE`ii2STAD COi�It'�i\�' T\C , 7101 �cxcl,Tan�� r�s r�.i;.. r,z�zzz,L��. �ITn�tir,or.��. � � rixa Dick Johnsan taas present to pxesent t�he request. r101':LON by Wahlbe•rg, seconded by Gabel, ta. wa�.ve reading the public t�earing �notice. Upon <Z voi.ce vote, tl�ere bei��g no nays, i:he motion carried. . �� rir. .JO�{t11S011 sL-ltecl lie �aent �hrough a11 tlie Conuni_ttees a�zcl tlie City C�uneil an tliis b�iil�li.ng and cve�-ytliing �aas approved. IIe said taPien��he �aeilt to pi.cic up the buzl.clin� t>ermi.L, lie� Ya«s z�.foz�z2c�d t�t�.t tl�e loading docks on the front of tlic btii.l.<liilr; �•�crc vi_oX�tin;; the C:ode, �aliic9i wa � not detecL'c.d by �t��y of L-lie 13ocird even Lhou;;li each ]zoard had Lallced about them. IIe said duzi�in a mcetinU wit.li D.�rrcl Clark, Jc�-ry ]3oard�n�171� and i�.r. Qureslii, it c��as su�;�est.ed thlt hc ins�al.l�cl cl t:i.n;bcr rc�ciilliug wal.l on citlier si.de of each loadi.n�; dock, w}iicli :. he i.s �aill.in,; to do, nnd then �;o b�tck to t:lia l;oard of t11�Peals fpr 1 variauce. llc s,ii.cl lie t:�i�ulcl also li.l;e to r,�eiiLion there ar.e two loaclin�; docics, even tl�ous;li Ll�c h��arin" notice implics tlicrc is onl.y onc. � '!'tie rfintites of tl�e P,��rd of ApE�cals Mcetin€; of Novembcr 13, 1973 Pa;e 8 rir. Jol�nson said tlie retainin� wall taill exrend high enough to prevent anyonc 5 G £rom fallin�; over tlie lo�ding docics, besides adding decoraeive screening. rirs, tJzhlber�; zslced hot� l��.g2� the t9�mbei ret_aining wall would be and rir. Johnson ans�,;crecl tliat it �.�ould be 3 feet hig�iex than the grade and �vill be stepped dotan L-o a length oF�30 feee. tie added t;his wa11 will be costing him an aaa��o��z�. $�., 000. oo. Tliere StiTas a di.scussion on ��t�at tl�e requiiement t�as for the hei�ht af railings axourid la�cli.il� docics, i�;OTL- The Code requires a 42 inch guardrail �ahen it is more tha.n 30 i.itches above grade. rirs. �ti'alil.l�er;; stated she could not see tahy the staff feels this �aall wi11 screen ��Ilen lool:i_n�; f�om ttie side. She said she can't see �ahy tl�e scxeening is iZCCr.ss��ry as scxeenir�o ai�d it is an added expense for the applicant. rfr. Ple:,nel sta.+�cd he ielt the Code restricted lo�.ding clocks in the front o� buil.din�s b�.cause oi tlie trucl:s bacicing out onto the street and blocking traCfii_c, l:e said lie thou�lit the timber retaining wall �ailZ Ioolc very nice but he c�asn't sur.e about tlze saiei:y factor. Mr. Cro�ader aslced Pfr. Johnson if he had any qualms about installing the w�~�lt and Iix. :7ohnson said he did no�. MOTION by Cro;aciei, seconded by Gabe:�., to close the public hearing. Upon a vo ice vote, L-l�ere beS_z�g no nays, the motion carried. Mr. Crotode�r stated he felt the petitioner �,las put in a bind tahen he had gotten app�-ova1. from all• the vaxa.ous Conunittees and no�a he Iias to go through the wllole procedurc� again bec�iuse of an oversight, fie said rlr. Jotinson has bent ovez bacl�la�zrd to comp�.y �-1i.th t3�e Cifiy `s rec�ues ts ,. Mrs. Wahlbex.� sL-ated she i:e1t the �3oaxd should Urant the variance but sh�e said if t:lie vari�ance and the screc�zing wex� two sepaxate questions, she taould vate xio on the screening �.s slie feels it i.s unnecessaxy. riOTZON by jJahlUerg, seconclecl by Gabel, to reconunend to Council, approval of the xequest �or two loadin, dacks zn the �ront of the buildin�. Upon a voice vote, tliere bea�io no �:iays, tlie mot.ion carried. r1r. Cro��der stat:Gd lle �vazlLed �.� noLed in Llie minutes i1zaL the petitioner is agxeeable �o putLin� in tt�e p�sts for sc�cening on �ahatever reasons the sta�if i:�lOL1f;I11: thcm necessaxy. 5. A I:i:nit;]?�7'_}'01� ��ARLn`_CI?S OF_ SI:C'.CION 4S.I_��E, 3l'�, I'RTDI�L'Y CI7'Y C01)r;, TO TNCP.Fw��SL �11E T''ilL i�:•1 1.O�C C�)+ 1��1 s��tZC.��i 40 i�i;l: GI ��`i' 7'Q 43 �'],I: C]��;1:�;I:CTZC1id �� . 13/F, 4C, '1'0 ]�� (�1 ;� t'!; 1 1�11; �_,!,)) ��1 1_�_1C . I�RC��I ?5 I 1,;�:7_TO 8 i�Ll;l'. S1;C'l'1ON !�.`>. ]_35, l, i:�+` T� n�I l U,.' �,�!; (�l'1? S1l' 1:'I' P�l'�:!:i. �C TO l;l�, Zl.':i7 ]�FE'C �']:0�1 TE�I: �i�iT.A' };tT i,t��.l:,� , , C I\ S 1'I�.,'�ll 01� l til 1;1_�>;' I 1:1 I)�`> ] l`�)"I' � 1 1, �C i�, t1�.vJ), .Sl l 1.l U;; �i-7. 135, lI), 7'0 I:1?DtJC -:1'iIL" P:�l �Ci�(� _.____ - - ____ -- -- - - S1'�1T1 ;;l '1 I�i;(� i'�)U ��(��T��.I T'Ll_1 10' ti:?0' 1't) 'lt>' ��?li;U:t; )-1;1;'1' 9` � 7.S` �Al,l, ___ ._._�_� - -�_ __..—_ � __�, � � TO ll (.lJ�: 1Ii(;_Cl).`:S'I'l l�C I'Ct):�; OI� :'�`� lli)'.17:T1:O:� O\'1'0 7'IIJ: li!`,C;i: (lI' '�'i�F. 1:\1;:;'1'7��C 1',IITT.I)! (�S � _ _�- - _ --__---�- --- ----- � . LOC � 1 l:l) (? l.t) I � 2(1, � 1 , �' �, 23, i�'it21 24, ]�l.(?',(: )�`;t11,'t\��' !�]?pI'('':n?�, ']'1?1: S�"u�il 1 �:7�:�:(; 77;1; a`> �� .I) i � 5;-.`i i t, I:C']f tili:l,l;'1' `.l; 1'I:L1); l;l'�'�il�'i;I��;C�'1'!1 I:l:ilUl;t;T 1;�' [1:�S1:'.'�::t�l: � �; �• , • _, P;rl:�;Uf �1(_1_l'l.[`_c_Li753 I,i�_I',C_1( S'1'1�1:1:'C id.3; , � -- � �' -�' i,-�� _ _ .� ]�1.1�.1 L1;�� ill I�,.1?.�( .C�'1 � ' ' , � � The Mi.nuLes oC the T,o;trd of, APPezls MeeLin� of November 13= 1973 Pa�;e 9 Mr. Dzllas nnderson wzs present to present the requcst. r10T1:0��; b�� Cro��rder, seconded by Gabe1, to �aai.ve reading the put�l.ic hearing notice. Upon a voice. vote, tiier.e being no nays, tl�e motion c�zzri.ed. 1Iozaard P�iriLtsoi� e�:pl:tincd to the 33aard that Assuxance Manufactttrin; o�ans two separatc bui.ldi��s tl:<zt the addition raill join togettier. A plot plan of the pzo}�crt�t t•�as slla�an Lo i.he Eoard. Mr. rlatt.son pointed out the location oi each vari.�ince asl:ed for on the plot plan. rTr. Anderson staLeil Ltie}� have a pxc�blem �ait:li OSI� on the lack of storage space. lIe said they �h,1ve bcen stacka.n� tlieir stcel, etc., in the buildin� and thcy simpl,y need rnore si�acc L'o comply �aith the OSI;A requiremeni:s, rtr. Cro��ter �s}:ed t�hat the alLerilative �aould be if the variance taas denied and I�tr. Ai�dersan �.ns;�cred that th�}� caould t�a�Te to move to anoi.lier loc��tion, Mx. Cro��ader a.sk.cd if they �aere also gain; to hixe more employecs and rir. Anderson � said tliey �:�ottld.not Ue. i•Ir. Cro�ad,:.r said he hacl been concerned about r.educing the sire o� tYie parl�i�lg stall.s to k�rovide tlie adequate number but if they are not gain� to add anymore empl.oyees there :�liould be i�o p�.oblem. ��r. Cro�•�der asl:ed ii � . Assur.ance i�lai�tif�cturin� had an agx�eement �ox parl;ing with Brookl}�n Tool and Pir. Ande-rso�� said they had, and a copy of_ t17e agreenlent was sha�an to the Board. � � � � ' �J � 21xs. Zdahll�ero aslccd ho�a and ��Jhere supplies are delivered and �ir. Anderson saa:d everyttiing gets dc_li.ve?"ed to the flont door no�a and the trucl;s are normal size. She asl.ecl if ttiey took ttg man5> �arlcing sp��c_es �for a long pexiod of time and rir. Aildcrson said tliey did noi:. i�I�r. Andc�rson added the deliveries will be made to the back of the. Uuilding �alzen the addition in constructed. Mx. Cro�,�der aslced if ther.e �aas a utiTi.ty easement in the vacated a11cy and I�1r. Andersan said tliere is aTlly one pole back there anci the po�aer ior his bt�ildings comes Iroin tl�e frUnt . Howaxct TSattson e�cplaii�ed the City's atteml�� to get the Onaway area eleaned up, and the proposed landscapi_ng that Mr. Anc�erson has promised to accomplish. ri0TI0N by t�;ahlberg, secondec3 by �Plemel, to c�ose tlie public hearing. Upon a vo3.ce vote, thexe being no nays, the motion carried unanirnously. r1xs. ��TahlUer.g said it seems like a reasonable SOZUf:LUll to keep a fine compan}� in rridlcy. P11. Cro�Ydcr staLed the har.dship is the State safet}� la�a that requires ma.chines �znd materi.als to be. sLo�-ed and spacecl iriside in a manner tliat canno� be cornplied with in t:his case unless an addition is added on. ' , 1�IOTIO\' by t�ali�ber�;, seconded l�y Gabel_, to recom�ttend to COLIIICI.I ap�r�oval of llie numezous v�trirtnces. Upon �-t voice vote, therc being no nays, tl�e motion GAIT1CCi UI1Lli11IIlOUS�.y, ' 1 Ap,T01;1;';:l!:i�T • ' The mcetin� was adjow-ned �j/ CI1111111A11 Dri�ans zt 1U:30 P.r1. � Rcs��ccCfiilly submittccl, PtA1:1' I(li�'1? SecreL�try , 5H � � �' � ^ 1�� f �=-�' Z �..: f-%.�` �.� � I-=�' �� .....� ; =� � I �-� � 5 I � � � JAh1ES L. KU�,"�f-i . ITEM #1 L1�1�1D �UF2VLYOf? :�(11 t�. E. 5��i STf2FF1� CUL.U�1BlA N� IGHI-5 5��421 7R8- SUCI�t 1 N��iiF_f7Y CC2TIFY 7Hi1T 7N!°. ::UFtVEY. �i'L.�.N. G•R R�f`.0:21� \VA'; 1'kZCF\ftCU LfY Mc OIt UNL'Ci� TdY pIRCC•T SUPi:MiYlS�O`! 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" — ` --� �!: .�� . � -� ' _'�-�_--..�� -- � ;� ' . � � ; .�1( �;7 � �- — - - _ ----- - ;_-- i i +. � / � � . � > 7 ✓ ir� .. � 1 . . ._ � � i �- • ti). • � �� - -_---- --- — --• . �;� _ _ _.. i ._.____ ._ _ . • � !: ` � �' --- -.--=----- --- ._� -- - � � , . . � .; j ;; . >. . ^ - :�� , .� : ��'� �- ": � . . -i �: .� } 'i1 -� � . � r ��f� �' . • � �: . , � � �. �','1; - . � . � . . . � . . � : � i . �,---- - - ._._ _ i `T. ' / . . � . -' � . . � `.� � . . . _ � �� i ,�l j i . � � ,� "' �� *: ; ' ' ; ; . - : �� t~� t � � � � ^` c : ��'� � , . �C `� lr_ ,"�� r�� ( - i . ; . + � �� i ._ i x; . � '/ � - . '\--' � . . � . . .. . - � . .. ' ' " _ , ' ; , v � }.`. ' i • � . � � _ .. � � . 1..�.__„__ � - - � � _ '+.i � '. ,' _. ` _ , y __ - — I-� — t = - , •�,. - , re i f �; .�___ ------ : �- ' � ,� , ;�. N _.�� - } ^ -- � �",—" ~ ' � � . � � � , // � i i� 1' Y� . � . t�, �_i i' '. ' � � ' . � . / ''7 + , r i �� %.. „ � : � ,�J � � _vll� _� : �'�j,; , _ .. ; ) _ , , � � � _ - . ' . ;c �� . ��, , .. - . . ; , ; :' � CT. `� ' : +" , .' . � ' • _ —�---- . .._ . _.._. - _. • � 1 • •' ' i�` -� � - - . - _.- i . . ..-- - , - ---- . _. . �r !: �� z �I _. � � �� • ` , � ''./. ' __� -_ _ '_" . a � � y , � ' � ' ."' � . ' �i ' � �i ,t � , 1 ' - _ _ __.. \..___1..�. "'__""___ ._ �_- _ ;, � r ;5 : �_ � `�� , ; ,i � _. . _ _ _ - .� : �_. .. _ ._ �. .. . � �� -- - '; i �� ,��y�q . _ _ _. . .. I ,. � , � . i- -.-,, '"'' ., _ ��-�'��-__..- �--�- - �� - j �� ,; � r _ - - . � ,��' ,� r . + •" � ._ ._. j 1 " — . ��_�__._.�..- % ` '� . �� } � � . � . - '. �� , . . , , i�' . ; � . � � �--�—=-"-/`,' ' I. ij . . � � � __ — __ __ . � �, : . � . 1 . .. _. ._ -_ _ ; �;. . , ;i . �. �--�_�---- - ---- ._. . ' �. � � . ; , . .� • . � � , .._._...-- — ..._ ...---- c� . f? ;� . -- �._. +; : ._ ... - - � ___. ... . . � � . . . � . �.ic' �,: . �• •��'~�< ,. ;, i . , >, 1 '. , ': _,� �� L�.�,i `i x ' . '. 4 .'�' � i- u o ,� ; , �' . . ,� �!) . : � � r � _ � -----� =�� ' � �'.� � �' � . 1,. i� � �-� • ' . . .. _ . 1 . . , ,;: , , r, � ; . , . . . ,_,� , - � � . .. , . . _ __ . . . ._ . _._.�.�.._.�. -----__—�--,._�.__....�._... ---�--__.._ ... ._. . . ITEM #5 5K � � ' i � ' � - � ' ' ' � �� EPdVIROIdt�lEidTAL QUALITY COP�INiISSION October 9, 1973 hIEt�1nERS P?ESErIT: Ttiomas Sullivan, Mary tiartin, LeeAnn Sporre, and Jim Langenfeld MEi�iI3ERS ABSiP1T: Shirley Kenn�uy�� Roger Kaye, arid Roit Burton Chairman Lan�enfeZd openec3 the meeting at 7':47 p.m. on October 9, 1973. I-. GENEP,AL DISCUSSION: Mr. Langenfeld said he had attended one of the Planning Commission meetings, and urged the Commission to attend some. He presenfied to the Commission the proposed Ordinance for Creek and River preservation. r1rs. P�Iartin asked if they could review the minutes of the other Commissions that had appla_cations toward tt-�em, such as ttie Planning Commission. t�S�h...T,an�enfeld said it was a11 ri�ht caith him. :^.rs. Sporre and P-1rs. r3artin said they wauld like to see those minutes regularly, and the agenda. Mr. Langenfeld said he �ti�ould see to it that they receive th�m from now on. t�,r. Langenfeld said he had ordered fihe posters he talked about at�the last meefiing and passed around the next lesson. Mr. Sullivan made the motion to accept the minutes of the last meeting. thrs. Sporre seconded the motion. Upon a�voice vote, all voting aye, the motion carried unanimously. � �I. OUTLIPdE FhOIi ANOKA COUNTY ON t^OORE L,AKE ' Mr. Langenfeld presented the proposed oufi line study guide from Anoka County on Tloore Lake. Mr. Langenfeld stated that the County had hired National Biocentrics for $�3,200 to do a study of ten lakes for twelve months. Mr. Sullivan said he would like some analysis made of the hydrosoil or � sediment in the bottom of the l�ke, in.terms of phosphates or nutrients . which may be bnund up in the bottom of the lake. Iie mentioned that National Biocentra.cs had indicated earlier that this was necessary for Moore Lake. LJ ' � •� L� � Mr. Langenfeld asked Mr. Sullivan to read al.oud the=para�raph on the first proposal. It read, "The objectives, outline, and requests for proposals, can be made of one of two ways. (Point C)"An analysis of�the volume o� hydrosoil or sediments in tYie bottom of the lake. This would be done once durin�; the summer by probing the lake bottom and determining the amount of hydrosoil present in the bottom and computing the total volume." (Point B) "A cher�ical analy>is of the hydr�osoil would involve or�anic matter content, BOD, COD level, anaerobic plate count, hV�rogen sulfite level and the redox potentia.l, as a measure of the rate of release of nutrients of the mznerals from the bottom of the sediments." t�ir. Sullivan felt that this was important to be added to the study of t�toore Lake, for it would be more complete and thorou�h. � ' i ' � � , , � � � � ' � � � ' � � PAGE 2 Mr. Sullivan said the first step to take.in adding_t��,�� would be to contact Mr. Hutchison. Mrs. Martin felt that they had the right to contact him or write a letter. Motion was made by Mrs, riartin that Mr. Langenfeld contact Mr. Hutchison with regard to paragraphs C and b on page 5 of the proposal ��174 from National Biocentrics, Inc., to the City of Fridley. The title of the study is "Analysis and Planning Program for Moore Lake." Mr. Langenfeld should ask him about looking into the feasibility of the studies as mentinned in paragraphs C and D of_prqposal ��174 being �included in overall proposal ��246_, in their study of Anoka County Lakes. Mr. Sullivan seconded the motion. Upon a voice vote, all voting aye, the motion carried unan3mously. III. GIi,VERAL DTSCUSSION: BY-LAWS Mr. Sullivan suggested th�t they get an i�zterpretation of the Ordinance. Mrs. Sporre agreed, but said if they could not do this, what additional wording would have to be in the Ordinance to give them permission to do it. Mr. Langenfeld said he would try to get a legal interpretatioa from Tsr. Herrick. Mrs. Martin said perhaps the by-laws would cover, Mr, Langenfeld said he would bring the Human Relation by-laws to show how it was drawn up. TV, GOALS AND OBJ�CTIVES: To be discussed at the next nieeting. V. ROBERT�S RUL�S OF ORDER: The Commission talked about the book, "Robert's Rule of Order", as a guideline to the meetings. Mrs. Sporre asked if they had any allocation of the budget? Mr. Langenfeld said in terms of babysitting fees, they didn't. They looked over the � current budget for 1973 and discussed the use of expenses involved. Copies would be made of fihe budget. (See attached) Mrs. Sporre wanted to know by the aext meeting, how much had been spent in each category i❑ dollars. Mr. Langenfeld indicated that part of the budget is spent on secretarial expenses, minutes, copies, posters, and postage. . Mrs. Martin said she did not see an allowance for traveling expenses on the budget. She wanted to know how an accountant would read the budget. She made the motion to see that they get an up to date accounting of the Commission's expenditures as of October 9, I973. This accounting would be suUmitted to all members. Mr. Sullivan seconded the motion. Upon a voice vote, all voting aye, the motion •carried unanimously. . Mrs. Sporre wanted to know how much jurisdiction they have o.ver the budget. Mrs. Martin suggested they find out if the fiscal y�ear for the city budget ran from June to June. � .T1rs, rlartin said she would like to see that if money was to be set aside �� specifically for things, the Commission could do well in starting a library of it*s own, Mr. Langenfeld said that he wes thinking of a subsidiary I downstair`s in the City Hall. .'I ' � PAGE 3 6 � � CJ ' ' Mrs. Martin presented to Mr. Langenfeld an ad of a book on land uses and environmental quality entitled, "The Use of Land;" She wanted the Commission to consider purchasing the book. rTr. Sullivan proposed that they consider buying the paperbaclr. for $3.95. Mrs. Sporre said she could probably obtain the book f"rom the local library. She moved that the Environmental Quality Commission recommend to the library board to purchase the book, "The�.Use of Land", by William K, Riley, Motion was not seconded, Mr. Langenfeld said he would call the library to see whaf types of books the library wanted. He moved that they vote to tab'e the discussion of purchasing the books, until the next meeting, Mrs. Martin made a motion that they buy the book, "The Use af Land", and � investigate the possibility of the library buying books for them in the future, and asking otf�er people to purchase them at the next meeting. Mr. Sulli�a� seconded the motion. Upon a voice vote, the motion carried. � � ' O ' ' ' ' They further discussed establishing an Environmental� Quality library of their own, and Tirs, riartin said if this was not possible, maybe they could get a file cabinet in the City Hall. It would be li.ke asking the library to have a shelf set aside for the Commisszon. Mrs. Martrn suggested bringing in copies �rom the League of Women Voters, on environment and land uses. Mr. Langenfeld said to bring them for future meetings. VT. ENVIRONMENTAL QUALIT'Y CO;�IISSION REPRESENTATION AT OTHER T�ETINGS Mr. Langenfeld said memhers of the Commission could go and represent the City of Fridley at other meetings outside of Fridley, to seek information. Mrs, Martin asked what if they' �,�d some �input'�they w�rited' to add? A1rs. Sporre said that any member that testi�ies must speak as an individual. Mrs, Martin commented that st�e did not like the idea of suggesting anything iE she objected to something, Mr. Langenfeld said they could go and represent the City of Fridley, Mr, Sullivan suggested that the Ghairman have this clarified. Mr. Langenfeld said he would try to clear it up and get some advice from Mr. Herrick. ADJOURNMEIVT: Mrs. Sporre made the motion to adjourn the meeting. Motion was seconded by Mrs. Martin and the meeting adjourned at 9:55 p.m. Respectfully submitted, , . . . -'= •`�''�'� �� / > ��'�� c- 1 ' Shelley M�`�iso Recording-E,'ecretary ' ' ' _ 1 7 1 1 � ,� 1 . 1 - OPENING BIDS AND AWARDING CONTRACT ' SS&SW ��114 ' Bids are being opened the morning of � November 19, 1973, and will be available �or you at the Council meeting. ' ' . � . ' , . , . ' ' . ,� . . � . �s ' .-. . �_ � . � /�!(,�/ �,-f..4�l..1'f:'j {'rT�7;-�'i ra; `%'fi'? A`.t'.`� ["�r-r�....{ i;;.ii::;� . �. i tL. . 6.._L_ �+liiY��L1� � �:1°L�� ..:Y.'J ;,7L�."..Vc �Lai'r.i.� 1 �} � � y,.... � y 7 �� .�? N . :.1:.?'.�`.\{.!u]':i'�i�i� s'AZi�.Rt:.�l F'��. � / y T� V � L'�1.iJ!ar Ty :i+ll.l�'.J�:��x� � � � �r �� EE� t� . 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' �� ' , � � . . 8 �� , � BURLINGTON NORTHERN INDI.JSTRIAL AND REAL ESTATE DEVELOPMENT DEPARTUIENT CERTIFi�D MAIL �• Mr. Ivasim M. Qureshi, P.�. City Engineer-Da.rector of Flanning City of Fridley � 6431 Univ�rsity Avenue N.E. Fridley, ifiinnesota 55421 � � ' ' Dear �ir . Qureshi : 176 East Fi�th Street St, Paul, Minnesota 55101 l�elephone (612) 227-091 1 November 7, 1973 Sometime ago c,�e discussed the dedication of Outlot I of Great i�Ior�hern Industra.al Center - Fri�Zey to the City of Fridley for street purposes now that the frontage road improvernents Yiave been completed under S.P. 1972-1 of the city. � Attached is original executed dedication for street or thoroughfare dated i�Iay 15, 1972 from Burlinqton Northern Inc. to the City of Fridley cavering Outlot I of the above subdivision. A1so attached.are original blue-back and duplicate yellow- � back capies af acceptance of dedi.cati.on which relates to the city's accepting the dedication of Outlot T for street or ' thorough�are purpases. � � ' , ' � L� i Please arrange to have k�oth copies of the acceptance of dedication ex�cuted by the city and return the duplicate yellow-back copy to me.. The origi.nal executed cop�.es of the dedication and the acceptance should then be forwarded to Mr. Ted J. O�ndahl, Kegistrur of Titles for Anoka County, for memarializing on Certif icate of Title �34929. G�Ie are forwarding the owner's duplicate of the certificate to hi,�n today with a copy of this letter. �fter the d�dication and acceptance have been meinorialized on the certi�icate of title, the owner's duplicate of the certificate wilZ be returned to us. Sincerel yours, s9` • • R. H. IIrokopp Asst. Manager-Acquisitions File: 9687 Fridley, MN Attachs. Page two November 7, 1973 Mr. Qureshi cc: bzr. Frank Liebel Mayor City o� Fridley 6431 University �venue N.E. Fridley, I�Iinnesota 55421 Mr. Ted J. Omdahl Registrar of Ti 4�.�s Anoka Coun�ty Anoka, t�7innesota 55303 (Certified TJiail) nZr. Ci:��ahl: At�achecl is o��ner's dupli.cate af Cer�tificate of Title #�3��929, as ��e1Z as ar� photo copies of eaeh of the abavc ir��tru�n��*3�ts. A� soon as th�.y have been memori- alizeci an the acaner°s dugiicate, piease return it to � � me . Attach. 'i 1 R.ii« Brol�opp �� ' � I . .. � ACCEPTANCE OF DEDICATION CITY OF FRIDLEY, a municipal corporation of the State of Minnesota, hereby accepts the dedication of Out2ot I, GREAT NORTHERN INDUSTRIAL CENTER - FRIDLEY, aCCOrdinq to the plat thereof on file and of record in the office of the Fegistrar of Titles in and for Anoka County, Minnesota, as set forth in that certain instrument from Burlington Northern Tnc. to the City of Fridley dateci , 1972. IN TESTIMONY WHEREOF, the said City of Fridley has caused these presents to be executed in its corporate nazne by its Mayor and its Clerk and its corporate seal to be hereunto affixed this day of , 19'72. CITY OF FRIDLEY BY: Mayor ATTEST: BYo C2erk STATE OF MINNESOTA ) . . )ss. COUNTY OF ANOKA ) On this day of , 1972, before me, a Notary Public in and for said county and state, personally appeared and , Mayor and Clerk, respectively, of the said City of Fridley, a municipal cor- poration, who acknowledged that they signed the foregoing instrument on behalf o� said corporation by authority of the City Council, and acknowledged this the same as a free act and deed as the same municipal corporation for the purposes therein stated, and that the seal thereto attached is the seal of the said municipal corporation. . u _ - � �� ' � i ...� � � � ` �� 's `� t / 3 � ' / t /r, � I U� i ,: �i i / t� / . �� • � �� 11 , � � � � � C�1 1 \ � � �{ � �, ,; � , , , , . � — -- — , , ; ., , . � • � ..--------- �;--- - - ---- - � ---- - ,------ '� /� -•-- ---- - \ � `----------------- . • ( • r ;.j� ��\ � / I � I/ , ,' ! 1• . t,'�. , ; : 1' ,�/ V � ` / / • . , / ` ,t� � ' { �'� ' • � k .{ ��. � �; � .., �. %'�" S /I.�d1?Tf�E`?!� ( �Yg� � /- . 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I � � . � 1 �:. L , . �, � . � _'_ "p__.__ __ __ � 1 � 1 _ ' E � � .•, � � . ' '"..�b �' - - -- . i ";.7 ;-,� � I /. � 1r • I . �Fire Phone 560-1500 i i � i t � �'�°��.�� .��r�.t ��c�{ome of .�ntE¢naEiona�' 2CnE fo2m �az�in9 of �itva�'i�ci�s clforrzr.s" 6431 University Avenue N.E. FRIDLEY, MINN. 55421 MEMO T0: MEMO FROrS : MEMO DATE: MEMO SUBJECT: Bus. Phone F�0-3450 Nasim Qureshi, Acting City Manager Robert Hughes, Fire Chief November 15, 1973 Council Approval of Adding Additional Volunteers to the Fire Department One of the men recently approved by the Council did not meet the physical standard required by the department. We have two appli.cations on file. These men have been interviewed by the officers of the.department. I recommend that these men be added to the department immediately, so that they can join the rookie class, now in training. Mr. Ronald Money Age 27 7437 McKinley St. N.E. . Employed by Onan Corporation Fridley, Minn. Mr. Douglas Lenz Age 30 7455 McKinley St. N.E. Employed by Northwestern Be11 Fridley, Minn. Telephone Co. I do not expect to add more men to the department for three or four years. These are the last of the men on our waiting list. RH:el 0 r � � � � 10 CITY OF FRIOL�Y M E M 0 f; ,4 h q U M T0: I�ASI,�1 M e yU �� SHI , f'�CTI NG CITY hiAN�G ;R, AN� CI TY COUP! C? L FRCk'•t: M.4RVIi�! C. r^�RUPlS='LL, ASSSSI'AMT CITY MA'dr�GrR/FIN/1tJCc DIRECTOR Sl1BJ�CT: RF�;U�TIOit ni A,SS�55t�ENTS Oh PA:RCEL 23�+0� AUDITOR'S SUE3DIVISION h;0. 23, ^P!D TRACT F, r r".GISTERED L��,IJD SURVEY N0. 3 D,;TF: t�ov�tt6v� 13, 1973 The attached resolutions would re�uce the �ssessm*�nt for the 1973 Service Connecti on �toi 1 on Parcel ??�+0, nudi tar's Suhc;i vi si csn h�o. ?_3, by $6II8.00, anc{ on Tract �, 2e�isterEd Lanci Survey No. 3, b5' S1spp�•Q�• This normally would have been taken care of before the assessment roti was adapted. Noure��er, tl-�e r�specti ve property o�,n�rs have just turned over to the Ci ty �hei r�arc�af of the extra cost. Tt-�� rol 1, of course, has al ready ton:: to the Cour►ty fl,uditar's o��ice. Thercfore, w� n�ed Council� action to make a change in fhe assessment roll. 0 � � � � � � i � � � � � % RESOLUTION N0. �� - 1973 A RESQLUTION ',�/ITHD?RSdI�JG A PORTION 0� TN� SP�CI,�L ASSE5SP1:P1T ON PARCEI 2340, �1!lDITO�R'S St1�DIVISIQ"? "d0, 23, UFlD�:2 T!-f� 1973 S�RUIC�' COF1idECTION ASS�SSMENT ROtt t�-IICH �JAS APPROVE D BY R�St?k,UT? 0`�t t�0, 2 31-i 973 SJH�RFAS, certain special ass�ssments have been levied with respect to parcel 2340, :�udi tor � s Subdi vi si an P1o. 23, arc� 4,'HEREAS, the owner of this pro�erty has now presented evidence that he shouid receive �� crec'it of $68u.U0 tow�rds this assessment fior extra costs incurrec� �n connectiny to City ��ater and �ewUr, Nt�'h', THc��FO�t�, be it resotved, as fal iows: . i'hat the assessment �nder Resolution No. 131-1973 be rescinded and the amount as showr� beiaw sh�ll be recertified: Parcet . ParceT 23�+0, r�udi �or' s Subdi vi si c,n FIo. Z3 Parcet Parcet 2340, Auditor's Subdi vi si on Pda. 23 Fund 1973 Service Connections fiund 1973 Service Connections Oriqinat Principal Amount $ 1,3oo.i8 ��ecerti &i erf Pri nci pal :';mount s 6��.�a PASSFD .�ND ADOPTED BY THy CITY CQUPlGIL OF THE CITY OF F�i�! EY THIS ` �j Dr1Y 0� , i973a ATTEST: CITY CLcRK Marvin C. 3runseit M�'-iYOi; Frank G. Licbl 0 � . - 10q � , � �� _ � � � � F � .2..SOLt1TI0N N0. ___�____� - 1973 A RFSOLUTIOt� WITND�;�'1'.�1ZNG t� PORTION 0� TH� SP=CI^L i1SS-SSh1ENT �N TRACT �, REGISTE,RED LA"ID SURVEY y0. 3, UPd�:'�R TH� 1g73 SERUIC£ CONI�lECTIO"1 ASSESSMENI' RO1.L �li1ICH 1,�AS APPRt�V€D BY RFSOLUTIO�J PtO. 131 -1973 1�IHFREAS, certain sp�ciai assessments have been levied with respect to Tract E, Registered Land Survey hJo. 3, and S1HER�AS, the owner o�' thi s�ropf�rty has now pr°ese�nted evi dence that he shoutd recQive � credi� of $1,0C�0.00 to.�ards this assessment for extra casts i ncurred i n connecti ng to Ci ty ►�rater anrl sewer, 4V0',�, THERE, be it re:so�ve�, as fallowss . Th�t the �ssessmenf under Resatution No. i31-1�7a t�e rescinded and the amount as sho4rn bciow sii3t t�e recerti fi ed: Parcel Tract E, 'egistered Land Survey �a. 3 Parcel Tract E, Regi stered l.and Funci Ori g; nal Pri nci pai 1973 Service Connectians $ 1,272.9b 0 �und � 2ecertified Princip�l 1973 Servic� Connections $ 272.9b Survey No. 3 �/f , •�. PASSED APdD �70P7�D 3Y TH� CITY CCU'�lCI1, OF TNE GITY OF F�tTDI.�Y THIS !� DAY OF , ;�73• ATT=ST: 1 CITY CL�RK -- — Marvin C, grunsell � � � � MF�YO � � �rank G. Li ebi 0 �.t 0 ii� � � 1 �f � - ' APPOINTMENT FOR CITY COUNCIL CONSENT AND APPROVAL - NOVEMBER 19, 1973 � � NAME POSITION SALARY EFFECTIVE DATE REPLACES � ' Ronald E. Holden Sr. Eng. $802 November l9, Gurtis Dahlberg 392 N. Wheeler Aide per 1973 '� St. Paul, Minn. Eng. Dept. Month � ' � � � � 1 . . � � . � . ' i � 1 � � �1 � � . . 1 � - � � 14 LIST OF LICENSES TO BE APPROVED BY T�-iE CITY COUTJCIL AT T�iE M:�TI�:G OF NOVEMB� 19, 1973 �. TYPE OF LIC�NSE � CIGARETTE �Wickes Furniture 5353 East River ��oad Fridley ' FOOD FSTABLISHI�S�1T �Wickes Furniture 5353 East I�iver Road Fr idley � PUBLIC DAPICE � ShoreVrood Inn blbl HighVray 65 �'ridley � ci Interst,�.te United Corp. of Minnesota Interstate United Corp. of Minnesota APPROVED BY Public Safety Director Health Inspector t�illiam A. Nicklow Public Safe.ty Director SERVICE STATICld , Hudson Oil Go. o� Ra.lph Swaney Delaware� Inc. �?315 Highway 65 Fridley � CHRISTMAS TREE LOT Gordon Aspenson Gordon Aspenson '75th & Unzversity on ddest Service Road Fridley ' Fridley Dairy Qtzeen Ernest L. �itch 280 Mississippi St. � Fridley I� � Central Frost Top 3herman i�anson ?699 Viron Road j � Fridley Green Giant Garden Ctr. Dave Rick �7620 University Ave. NE • Fridley Fxidley Target Store Newcomb Brothers '7S5 53rd Avenue NE Nursery Fridl.ey 1 Town Crier Pancake . Craig Vargo 7730 Universit� Ave. Fridley Deputy Fire Chief� Building Inspector Deputy Fire Chief Deput�r Fire Chief Deputy Fire Chief Deputy Fire Chief Deputy F ire Chief Health Ir�spector �F� $ 12.00 75.00 25.00 30.00 25.00 (100.00 Deposit) 25.00 (10U.OU Deposit} 25.OQ . (100.00 Deposit) 2�.00 (Z00.00 Deposit) 25.00 (100.00 Deposit) i2.5o CONTRACTOF'S LICENSES TO BE APPROV�D T3Y COUNCIL AT TFIEIR.REGULAR MEETING ON NOV}fi113ER 19, 1973 (ALL IiAVE A$25.00 FT'E) G.E�S S�P.VIC�S APPROVED BY Pioneer Po�,rer, Inc. • 570 Hatch Averiue St. Paul, Minnesota 551.17 By: Allan Anderson W. Sandin GENEI'�AL CONTItACTOR Camp Construction Coxperation 6280 University Avenue N.�. Friclley, Minnesota 55432 By; William D. Camp C. Belisle � H & R Builders 6402 - 42nd Avenue Nort}� Cxystal, Minnesota 55427 By; Harold Warren C. Belisle Walbuxg Builciers Inc. 1323 Sky�aood Lane I�.E. Fridley, riinnesota 55421 By: Walter Walburg C. Belisle H�ATING . A. Binder & Son TnGOrporated � 120 East ButZer West St. Paul, riinnesota 55118 By: Dick Binder W. Sandin Pioneer Poc,�er, Inc. 570 Hatch Avenue St. Paul, riinnesota 55117 By: Allai� Anderson W. Sandin MASOA'RY Norsk Concrete Constructi�n Inc. . 4650 Johnson Street N.�, . . Minneapolis, Minnesota 55421 By: James Jackson C. Belisle 0 14A I i � � L� L� � � � 1 , ' � ' � , , ' [J 560- C�¢ o r�dle � � 6431 UNIVERSITY AVENUE NE Mr. John Boland Chairman, Metropolitan Council 300 Metro Sauare Building 7th St. � Roberts St. St. Paul, Minnesota 55101 ANOKA COUNTY FRIDLEY, MINNESOTA �'S�l�'1� 55432 November 20, 1973 Re: Policy 3�. Review of Island of Peace L�WCON AppTi- cation Dear Mr. Boland: The City Council of the City of Fridley at their meetin� of NovemUer 12,�1973 directed me to write this letter. As you are aware, the City of Fridley has a LA�VCON application for the Island of Peace Project before the Metropolitan Council Physical Developinent Committee which is in jeopardy because o� a Iow rating on a Policy 31 review. The Island of Peace Project is being developed solely by the Island of Peace Foundation (a non-pro£it organization) for the pur- pose of providing recreational facilities for the physically handicapped. The project is being developed as a regional recreational area use and no� only for the City of Fridley. The function of the City in this development is merely pro- viding some City park properties and services to the pro- ject and serving as a means of obtaining LAWCON funds that are available. . When the City of Fridley submitted their Comprehensive P]:an to the Metropolitan Council for their review, a housing statement'was added to the housing goals for the�provision of low and moderate income housing at the recommendations of the Metropolitan Council. staff. This revised Comprehensive Plan was accepted by the Metropolitan Council on May 10, 1973. At present, the City is providing approximately 18% of �its housing as low and moderate income hausing. 'This is approximately 1460 units of which about 400 are single family owner occupied and 1060 are multiple family rental units. .L:J ' - �: I�t i � � Mr. John Boland, Chairman, Metro Council ; ' November 20, 1973 , Page 2 We have approximately 2.5%, or 181 families, which are clas- sified as below poverty levels and approximately 7.20, or 518 families receiving some type of public assistance. These figures show that the City feels that there are enough housing provisions for its present low income population and the City will continue to provide the housing diversity that is needed for its citizens. Fox these reasons the City of Fridley is reQuesting that the Metropolitan Council waive th.e PoZicy 31 revZew of the LAWCON application that is before them and consider the appli- cation on its own merits. Yours.very truly; Pxank G. Liebl, Mayor City of Fridley FGL/ j m ; l5A OFFICE OF THE CITY MANAGER FRIDLEY, MINNESOTA November 16, 1973 MEMO T0: TNE MAYOR AND CITY COUNCIL FROM: NASIM QURESHI, ACTING CITY MANAGER RE: REQUEST F'OR WAIVER OF PART OF $80Q STORM SEWER ESCROW ON LOTS 10, 11, BLOCK 1, RICE CREEK SCHOOL ADDITION According to Resolution hio. 73-1973, which the Council passed June 4, 1973, a policy was set requiring $800 storm sewer escrow on building lots within the Rice Creek Area which would serve for future storm sewer development. However, in the case of the above named building si.te, the proposed grade is such that the property drains toward Rice Creek, so it would be the - administration's recommendation that the Counc�l reduce the escrow amount on this building site �rom $800 to $1 50. NMQ/ms i��: MEMO T0; Fridley City Council I � Acting City hlanager ` FROM: City Hall Staif I t SUBJ�CT: Frida after Thanksgivin . I Y g DAT�: November 13, 1973 0 ; � � � We, the employees of the City of Fridley, would like to say a big thank � you to the Council and the Acting City I�tanager, for giving us the day after Thanksgiving off as a holiday• It's actions like these on your part which makes us feel that any extra efforts on our parts are worth while. Thank �' you and have�a nice Thanksgiviiig holiday. % � /�_ eLti �'. 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I � �� ,��% � ,G-.-�,�..�.� �. -�,�-v-�� /`� 4��, �' . , ; �1�-'t' � � � �' �-�-� �� J. `'�� ,�;, � � A `=-� �� ' - ,� ` � /_ (__ ) 11 �, 'C,�f�/� . �� r /' �—�'�'�l �%'r--e-�' ��C'�--� , G � � /� '� / /�j � ! h� /`.�r� � . ��I// ✓ n `��-2, �� ,....�.. � �.��:�� ; � v �' �� lI L ��S`i'�o RA � �Y�� /�/I��r?�� %�' �� r/ / �'�-�L1�.IGi"'v�-�" l. 1 i _� , ,�,,�G� �� ` 1 I _ �,�� ,,..�.�� ,�, �� ,�: � �� ; � ,�� ; � �� . � � �✓'�--��,�� '� � /1 /� l--'�L .. �,� ��/f � LC/ ��/ -'�� , �__ � L- ". , � .� -�. � .��-��G�-._--- /`/,'?.�t�w`�� L /.,. / � � �' i � /� �+/ _ ' � � , , / �x �' ��' �- �� ,�� ` ��.� �J ✓ /� � � , . � � - � ' ��t _ ��,-, . . � + �� i �/ ��7` �� n � � ' L/ !, . .. 1 � C ,.�� %!�i . i�_ � , l../ ,1��'i.�. /�.v il / J �� /��lr�� 4 ,� � f/ � � l,'�JL.-FL.,� � � .. �,.G�tZ/�'vt� i � � �� ,��,C.�� . . �-� ( � . � l �r � F� � � �/'�" � � � � � ,,� ,� �, r_�,, , _..._ � � �� /'i",� �.` Yf" ...' f'r' `�'� • . ;�, �;, � i / G /+i ` �l-r- � �� __•�`��/�.1�-''�� c�-,�- ,c'L._--- --_ - ,�-, .� ,� � /` `f ,� ��"� ` ,�� . ��-`�- �� -�-� . ��!��. ., ( �'� ( I I� / ''L'�'�v S �� _, �,�,�.�.,,,. i� .. . ;�-- . � !� . �osa .C.�--��- ��L�--�..'_! �. � �/��.�^-....�� a��iC,.i - '�I `-_../ � � � ,% ,�� . /,r.,� i�i� f.. � � `'�._ ` ,�,. ______-r---- �� _ _ � , �� , ,�, �� %� �/`� � - ��''�2':1--��' � �-1 � � , ,•,,�„r �� . . . � ' \ '� � �� , _! � � / �- i �� UA � � -� 17 B ,��' � 1 � ��v�� ■ � , .�� ' � �� , .i!i�/ J �G��' - lE� J . ' ' - � '� �., �� ' ` ��_ \ `�,•-_ l�' }CJ /-� � �; // l /��'.�f' �' �°`�--��.c`� .� � � J � � _�. , ti�� , �; � .� � � � � � � � �i �� , , �: , � ' � �� lJ � � I� l i � � � I RESOLUTION N0._�� 973 A resolution to purchase outright Tax Forfeit parcels ai appraised value, requesting easements on certain Tax Forfeit parcels, requesting "Hold for City" on certain Tax Forfeit lots and releasing the balance for sale in 1973 by the County Auditor as per list sent to the City of Fridley in November 1973. WHEREAS, The City of Fridiey has reviewed the list of Tax Forfeit 7ots sent to the City by the County Auditor, and WHEREAS, After r�view it has been determined to purchase at appraised value some to the listed parcels. NOW THEREFORE BE IT RESOLVED That the City of Fridley purchase the following listed parcels at the appraised value set by the Board of County Commissioners. AUDITOR'S SUBDIVISION N0. 94 #60 Part o�F Lot 1 Com. at a pt. on the N. line of SW4 of SW4 150' E. of NW cor. for � pt. of beg.; th. E. 869' aiong said N. line; th. S. i60` to N'ly line of St. Hwy.#100; th. PJW'ly along N. line to intersection of N'ly line of St. Hwy. with the E. line of St. Hwy #65; th. N. to pt of beg. (Ex pt taken for Hwy). #600 °art of Lot 5 (Ex. pt. des. as fol: Com. at a pt. on the S. line of the N2 of the Szof the SWQ of Sec. 24 where the S, line of St. Hwy #100 rt. of way intersects said line; th. W. along S. line of N2 of SZ of SW; of Sec. 24 a dist. of 675'; th. N. at rt. ang7es a dist. of 123' more or less to the �ntersection of said line with S. rt. of way 7ine of St. Hy. #100; th. SE'ly along said S. rt. of way to pt. of beg., bein9 pt. of Lot 5.) (ex. rt. of way) (Subj. to all rt. of access, by State of Minn., being the rt. of ingress to & egress from said tract, io Tric. Hwy. #65, except that the abutting owner shall retain the rt. of access on S'ly 60' of said trac't) (Ex, pt. taken for Hwy. L. P. 6-20-61) SPRING VALLEY #1180 � I_ot 10 Block 2 A 25' street and utility ease. desc. as �ol: (The N'ly 25' of Lot 10, Block 2, Spring Valley Add.) (Subj. to 30' ease. to Anoka Co. -For Hwy.) #1260 Lot 12 Block 2 (Subj. to 5' utility ease along rear line) (Subj, to 30' ease. to Anoka Co.) (Subj. to Street and util. ease over the N. 25` ta City of Fridley) #1340 Lot �4 Block 2 (Subj. �0 30' ease. to Anoka Co. for Hwy.) (Subj. to street and utility ease over the N. 25' to City of Fridley) �• � ' QE IT FURTNER RESOLVEQ, That the City Council of the City of �r�dley desires easements over a portion of the follo�vin ut77ities. The ease��ents to be as follolvs: 9 Parcels for streets and AUDITOR'S SllBDIVTSION N0. l2g r2100 Lot 30 (subj. to 27' ease �co Anoka County for hightivay) (Subj, to ease over � 7he t'�• 5�' o� Lot 30, Aud. Sub � �2 T •#129, a11 Tying in the N% of � �0, R. 24, Ci ty of �r�idley, County of Anoka, State of tin�, � � , FRIDLEY PARK � � � � i � - � � � � � � ;2890 Lots 1, 2, R� 3 61ock 15 Beginning at the NE cor. of Lo� l, Block 15, Fridley Park Add.; thence W aiong the N line, a disi. of 48'; thence def7ect to the left at an ang]e of 135 degrees along a line in a SE'1y direction to a line par. to and 18' W of the E line of said lotl; thence S along said par. - line to the S line of said lot i; thence E along the S line to the SE corner of said lot 1; thence N along �he E line of said 1ot 1; to the point of beginning. Ali lying in the S2 of Sec. 15, T 30, R 24, City of Fridley, County of Anoka, State of Minnesota. BE IT FUR7HER RESOLVED, That the City Council of the City of Fridie desires to ho)d the �ollovring parcels; Y. AUQI�QR'S St1B�IVTSIQid P10. l29 L720 Westeriy 2i feet of lo� 11 #2890 FRIDL�Y PARK Lots 1, 2, and 3 B7ack i5 • BE IT FURTHER RESOLVED, That the City Council of the City of Fridle hereby releases the balance of the parcels mentioned in the list sent to i by the County Auditor in November 1973, t PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS G DAY OF�� i��1� � , 1973. ATTEST: CITY CLERK - MARVIN C. BRUNSELL MAYOR - FRANK LIEBL