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12/10/1973 - 5520PATRICIA ELLIS COUNCIL SECRE7ARY PUBLIC HEARING MEETING DECEMBER 10, 1973 � � � � ' • FRIDLEY CITY COUNCIL — PUBLIC NEARING n�EETING — DECEMBER 10, 1973 — 7:3� P,M, : ' � 7:37 PLE�GE OF ALLEGIANCE; Given 1 1 � I PdVOCATIOP! ._ si l ent prayer. � f ' - . . �I • i . � , ROLL CALL : A� 1 present . 1 . . ' PRESEidTATIOiJ OF AWAR�; , CERTIFICATE OF APPRECIATION: UFW, FRIDLEY POST 3�3 Presented. . ' � APPROVAL OF M I PdUTES : 1 . PUBLIC HEARING MEETING, NOVEMBER �Z, 1Q73 � Adopted as submitted. REGULAR �OUNCIL �EETING, i�OVEMBER 19, 1973 ' Adopted as submitted. . , A�OPTIDiV OF AGENDA: � No additions. ' � , , � IS OR : CONSIDERATION OF ITEMS NOT ON AGENDA — 15 MINUT�S) � � Nane. � , - i� i 1 1 1 �� REGULAR M�ETIPdG, DECEMBER 10, 1973 . . � ,� . PUBLIC HEARING ON VACATION REQUEST SAV #73-11, BY ALLEN ZEIS, TO VACATE HICKORY STREET BETWEEN BLOCK � AND BLOCK 4, AND ALLEY ADJACENT TO AND �'�ES1' OF BLOCK 4, ONAWAY ADDITION; GENERALLY LOCATED BETWEEI`1 %c'�TH AND 79TH AVENUES, BETWEEN BEECH AND RAILROAD TRAC KS , � � � � � � � � � , � � � � � � � � � � � � � Letter from Minneapolis Gas Campany received. Public Hearing closed, No opposition. PAG E ?. , , , , , 1-1D PUBLIC HEARING ON FINAL PLAT P,S, #�3-�g, BY THE �'�ALL CORPORATION, BOUNDED ON THE SOUTH BY 63�D Av�NUE N�E� ON THE EAST BY �TH STREET N�E „ ON THE NORTH BY I`�1 SS I SS I PP I STREET AND ON. �`HE WEST -BY %TH STREE�T T, , E� . Public Hearing closed, no opposition to plat. Council indicated they favored plat wi�h� lots. ,� 3 PUBLIC HEARING ON A VARIANCE REQUES7 BY THE �'�ALL CORPORATION TO ALLOW 144 UNi-rs ON TNE R-� PORTION OF THE SITE, INSTEAD OF CODE AREA REQUIREMENT OF 9Z UNITS, WITH SPECIAL CONSIDERATION FOR USING THE ADJOINING UNPLATTED R-1 LAfVD WITH THIS R-3 PORTTON� � Public Hearing closed. Council consensus was to approve the concept of allowing the R-1 unplatted portion of property to be used in figuring the density requirements. , . . 2-2.0 � � � � � � 1 � ' � , �� REGULAR MEETIfdG, DECEMBER 1�, 1973 � � : ►'. CONSIDERATION OF SECOND READIfVG OF AfV ORDINA�ICE DESIGNATING CREEK AND RIVER PRESERVATION P�IANAGEMENT i�ISTRICT, REGULATING THE USE AND DEVELOPMENT THEREOF, THE ISSUANCE OF PERMITS, AND PROVIDING PENALTIES FOR �%IOLATION � � � � � � � � � � � � � � � � � � � � � . � � � � Ordinance amended in Section 9, Paragraph 4. Second Reading adopted, Ord7nance #a55, Publication ordered. fJE�� BUS I (JESS ; P��GE 3 4 — �4 I RECEIVING BIDS A�dD AWARDING CONTRACT — PACKAGE PROPERTY AND CASUALTY INSURANCE� � � � � � � � � � � � � � � � —� F Bids received. Each of four low bidders to submit a resume of their agencies and services. � i�ECEIVING THE P�IINUTES OF THE PLANNING COMMISSION ��EETING OF I�OVEMBER 21, 1973� � � � � � � � � � � � � � � � � E — � F Received. , RECE I V I NG THE M I NUTES OF TI-iE SPEC I AL �O I NT P��EET I NG OF THE PLANNING COMMISSION AND BOARD OF APPEALS OF �Jov�MBER 28, 1973 , , , , , , , , , , , , , , , , , , , , , , 7 — 7 V Concurred with the concept�of the plat which would include the variances. Final approval of the plat and variance will be giyen when plat is processed as presented and agreed ta at the December 10 Cour� cil meeting. Minutes received. . �� 1 REGULAR i�1EETIfJG, DECEMBER 10, 1973 ��W BUSINESS (COPJTIf�dUED) 0 0 PAG E �� RECEIVING THE P'�1NUTES OF THE BOARD OF APPEALS ' I�EET I NG OF I�OVEMBER 2%, 1973 � � � � , � � � . � . � � � � � . $ - � � 1. Wall Corp. - no action needed. 2, Variance request by Paco Masonry for 7893 Elm Street�N. E. Concurred with Board with additional stipulation that if there is an assessment for the alley the petitioner would agree to this. Minutes Received. , : RECEIVING THE �`�INUTES OF THE BUILDING STANDARDS - � � DESIGN CONTROL SUBCOMMITTEE MEETING OF DECEMBER 6, 1973,,,,,,,,,�,,,.,,.,�,,,,.,,.,.9. � 1. Request to construct new building by. Paco Masonry for 7893 Elm Street N. E. Concurred with Subcommittee and approved with their 7 stipulations. � ' ' �� 2. Reqtiest to allow placement of. pre-constructed sales unit by Motofoto of America. Tabled for consideration and application of special use permit. 3. Wall Corporation - no action`needed. 4. Request to construct an addition by Ronald Smith for 7786 Beech Street N. E. Concurred with the recommendations of the Subcommittee and approved with 11 stipulatians plus agreement that the properties at 7795 and 7713-15 Beech Street would be improved by the installation of blacktopped and be landscaped. Mlinutes received. CONSIDERATION OF APPROVAL OF ADJUSTED PAYMENT TO ARTHUR VEIT FOR LOT Z AND 3, BLOCK l, VEIT�S SECOND aDDITION Concurred with the recommendation of the administration and the $100 additional cost. .1� — ?.� C ; CONSIDERATIO�v OF CHANGE ORDER �3 TO STREET IMPROVE- � MENT PROJECT ST� 1973-1 ar�� ST. 1973-2 (MS�:S) vELET I NG 5TH STRE ET � � , � � � � � � � � � � � � � � � � � 11 — 11 A � Ap�,roved - 5th Street to be carried as pending assessment. • REGULAR f�1EETIi�G, DECEMBER 1�, 1973 P�rE � PdEb� BUSINESS (CONTINIJED) RECEIVING STATUS REPORT ON METRO 50J TRUC�c PARKING VIOLATIONS — 5333 UNIVERSITY AVENUE �� E� � � � � � � � � � 21 — 2.�. � Received. Possibility of putting no parking signs on both sides of the street to be researched. City's Prosecuting Attorney directed to work with the Police Department for a satisfactory means of allevia�inq the problems and violations. COMMU��d 1 CAT I ONS : �OHN �OLAND, METRO COUNCIL: LAWCON APPLICATION �� ZZ Received. . t'�INNESOTA HIGHWAY DEPARTMENT: CONSTRUCTION OF $IGNALS AT %3RD �VENUE ON T,N� .#65, � � � � � � � � � � � . 23 — 23,� Received. � ATTORNEY GENERAL I"JARREN SPANNAUS, ANTITRUST ACTION — �`�ANUFACTURERS OF CAST IRON PIPE� � � � � � � � � � � � � � Z�3 - �� Received. CATV COMMISSION: ANNUAL REPORT� � � � � � � � � � � � � � � ZS ' %�E� Received. ANOKA PARK AND RECREATION DIRECTOR: ��IAIVE �URNING FEE„ ,,,,,,,,,,,,,,,,,,,,,,,,,,26 Received and concurred. a��ou Rc� : . �� 1 1 , . � ' ' ' ' 1 � .' r � REGULAR MEET I iJG, DECEf�BER 10, 1973 �dFW BUSIfJESS (COfVTI�IUED) P4GE 5 CONSIDERATION 0� ACQUIRING TAX FORFEIT LOT 6A, SECOND REVISION AUDITOR�S SUBDIVISION �21� � � � � � � � � � � � � 1?- � A Approved. � � _ 0 CONSIDERATION OF A RESOLUTION ADVOCATING MUNICIPAL EMPLOYEES, AND ESPECIALLY FIRE FIGHTERS, BE EXCLUDED FROM TNE OVERiIME PROVISIONS OF THE PROPOSED AMENDMENTS BEING DEVELOPED TO THE FAIR LABOR STANDAR�S Acr , , , , , , , , , , , , , , , , , , , , , , , , , , , , 13 - l� K Resolution #154 adopted. "Municipa1 Employees" to be taken from contents of resolution, CONSIDERATION OF A RESOLUTION AUTHORIZING THE SALE OF CERTAIN SURPLUS PROPERTY, � � � � � � � � � � � � � � � 14- 14 A Resolution #155 adopted. . ' ' ' CONSIDERATION�OF A RESOLUTION ORDERING IMPROVEMENT, . � FINAL PLANS AND SPECIFICATIONS AND ESTIMATES OF THE � COSTS THEREOF; STREET IMPROVEMENT PROJECT ST, 1974-1 AND ST . 1974-2 (MSAS ) , , , , , , , , , , , , , , , , , , , 15 � � Resolution �'i adopted. 57th Place deleted. I ' � ' � 0 REGULAR MEETI�JG, DECEPIBER 10, 1973 idEW BUSINESS (COirTIPdUED> PAG E 6 CONSIDERATION OF A RESOLUTION TO ADVERTISE FOR �I DS — BACKHOE LOADER � , � � � � � � � � � � � � � � � � � �� — �6 A Resolution #156 adopted. � CONSIDERATION OF A RESOLUTION TO ADVERTISE FOR BI DS — FRONT END LOADER � � � � � � � � � � � � � � � � � � l� �.7 a Resolution #157 adopted. �LAIMS � � � � � � � � � , ; � � � � , � � � � � � � � � � Approved. � LICENSES � , , � � � � . � . . � � � . � � � � � � � � � � � 1q — 19 }� Approved. ESTIMATES � � � � � � � � � � � � � � � � � � � � � � � � � 2� — ZO L Approved. 0 I� � ' 220 � _ --- _ _ - THE MINUTES OF THE PUBLIC HEARING MEETING OF THE FRIDLEY CITY COUNCIL OF DECEMBER 10, 1973 The Public Hearing Meeting of the fridley City Council of December l0, 1973 was called to order at 7:37 p.m. by Mayor Liebl. PLEDGE OF ALLEGIANCE: _ � � Mayor Liebl led the Council and the audience in saying the P7edge of Allegiance to '.� the Flag. INVOCATION: - , Mayor Liebl asked for a few minutes of silent prayer for those missing in action in Southeast Asia. ROLL CALL: • MEMBERS PRESENT: Councilman Breider, Councilman Starwalt, Mayor Liebl, Councilman Utter, and Councilman Nee. MEMBERS ABSENT: None. PRESENTATION OF AWARD: CERTIFICATE OF APPRECIATION: V. F. W., F:2IDLEY POST 363: I�layor Liebl called those present representing the Fridley V.F.W. Post 363 forward to accept the award for the organization. Mr. Ray Minard, 6151 Starlite Blvd., Mr. Anton Olson, Commander of the Post, and Mr. Les S. Orton, Project Chairman, came forward to receive the certificate. Mayor Liebl read the inscription.on the certificate aloud to the Council, members of the V. F. iJ., � and audience. � The V. F. W. members thanked the Council and the members of the Counci7.individually thanked the V. F. W. for their contribution of the monument in Eisenhower Square. APPROVAL OF MINUTES: PUBLIC HEARING MEE7ING Of NOVEMB�R 12, 1973: MOTION by Councilman Nee to adopt the minutes of the Public Hearing Meeting of the Fridley City Council of November 12, i973 as submitted. Seconded by Councilman Sreider. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. REGULAR COUNCIL MEETING OF NOVEMBER 19, 1973: MOTION by Counciman Nee to adopt the minutes of the Regular Meeting of the Fridley City Council of November 19, 1973 as presented. Seconded by Councilman Utter. Upon a voice vote, all voting aye, Mayor Liebl declared 'the motion carried unanimously. ADOPTION Of AGENDA: - MOTION by Eouncilman Starwalt to adopt the agenda as submitted. Seconded by Councilman Utter. Upon a voice vote, all voting aye, h9ayor Ciebl declared the motion carried unanimously. � VISITORS: t Mayor Liebl asked if there was anyone present who wished to address the Council and there was no response. PUBLIC HEARINGS: Pl1BLIC HEARING ON VACATION REQUEST SAV #73-11, BY ALLEN ZEIS, TO VACATE HICKORY STREET hlOTION by Councilman Breider to waive the reading of the Public Hearing Notice and open the Public Hearing on Uacation Request SAV �73-11 by Al1en.Zeis. Seconded by Councilman Utter. Upon a voice vote, all voting aye, Mayor Liebl declared the motion r .� � �,,. PUBLIC HEARTNG MEETTNG Of DECEMBER 10, 1973 carried unanimously and the Public Hearing opened at 7;44 p.m. z21 • � PAGE 2 7he City Engineer said the map indicating the placement of Hickory Street at the point where the vacation is being sought was indicated on page 1 B of the Council agenda. He said he would�recommend approval of the request with the stipulations that were recommended by the Planning Commission. The City Engineer explained this action would ailow access to two parce7s and this would be the staff and subcommittee recommendation. f�layor Liebl indicated it would be in order to receive the letter of agreement from the Minneapolis Gas Company regarding the exchange of easements. MOTION by Councilman Nee to receive the communication from the Minneapolis Gas Company stating they had received a suitable easement from Mr. Zeis covering their existing facilities.and dated November 29, 1973. Seconded by Councilman Utter. Upon a voice vote, all voting aye� Mayor Liebl declared the motion carried unanimously. Councilman Breider said he would have no objections to the vacation of the proposed areas if the necessary easements are obtained from the applicant. He felt this would upgrade the building conditions in the area if there were larger�lots. Councilman Nee questioned if the area could be replatted and the City Engineer stated the applicant was planning to begin construction soon, there would have to be two readings of the ordinance for vacation, but this would be a possible stipulation. The City Engineer expressed the thought that this could be a point in an agreement with the applicant. . Mayor Liebl asked if there was anyone present who wished to comment on the proposed vacation. There was no response from the audience. MOTON by Councilman Utter to close the Public Hearing. Seconded by Councilman Breider. Upon a voice vote, all voting aye, Mayor Liebl declared the motion.carried unanimously and the Public Hearing closed at 7:50 p.m. PUBLIC HEARING ON FINAt PLAT P. S. #73-09, BY THE WALL CORPORATION, BOUNDED ON THE MOTION by Councilman Breider to waive the reading of the Public Hearing Notice and open the Public Hearing. Seconded by Counciiman Utter. Upon a voice vote, all voting aye, l�layor liebl declared the mot9on carried unanimously and the Pub7ic Hearing on the Final Plat P. S. #73-09 opened at 7:51 p,m. Mayor LiebT called on the developer's representative, Mr. Rudolph Dante, Wall Corporation, to make his presentation on the Final Plat to the Council, Mr. Dante addressed the Council and said there were three items he would iike to present to the Council. The first of the exhibits was a plan of the area with 28 single family lots within the R-1 area and 130 apartments within the R-3 area. Mr. Dante explained that this plan is the proposal that was considered by the Board of Appeals, and the Planning Commission had made some recommendations for modification of�the plan which concerned the ponding areas. He said the second proposal would allow for 150 units in the R-3 area with all of the parking and multiple facilities constructed within the R-3 area. Ne explained the third proposal to be the elimination of the cui-de-sac, and the addition of the remaining remaining area within the R-1 which would not be developed, would be included within the measurements for the density of t.he R-3 portion, ihis would increase the living area per unit eonsiderably. Mr. Dante explained the Wal] Corporation had come to sat�sfactory agreement with � the officials at Anoka County for acquisition of the portion of the land to be used by the County for construction of the new facility in Fridley. H� added, this would be acquired through negotiations not condemnation. Mayor Liebl indicated he would favor the approval of the p7at if the Wall Corporation would go along with the plat with 23 lots and also dedicate the necessary e�Sements to the City. . ' ' Mr. Dante questioned the amount of the proposed density in the Mayor's suggestion. Mayor Liebl said he would recommend the remainder of the R-1 portion of property that is not being platted would be included within the measurements for the density fior the R-3 area. He added, the Committees had expressed the opinion that this would be favorable to them and he asked the City Attorney for his counsel on this matter. � � '� . � , � ,. � � , , r-� u ' PUBLIC HEARING MEETING OF DECEMBER 10, 1973 � ' ' � � ' � i—J � , � � i ' 222 PAGE 3 He explained �o Mr. Dante that the Subcommittees are bound to a certain number of units which have been set up in the City Code. He indicated the Council could work with Mr. Dante and increase the amount of units in the density requirements. He again,stated he would like to have the area platted without the cul-de-sac, and he would be abie to live with this type of proposal. Mayor Liebl again referred to the map in the agenda that contained this proposal and the information being referred to. Mr. Dante said he had not seen this map and Mayor Liebl showed the map to him. Mr. Dante said this was not a plan prepared by the Wall Corporation. Mayor Liebl said the plan would call for lots that would be 120 feet deep, most of them 75 feet of frontage and a few with 80 feet of frontage. Mayor Liebl said his recommendation to the Council would be to adopt the plai which was in the agenda. Mayor Liebl asked Mr. Dante which of the plats he would prefer. • Mr. Dante said he would have to rely on the fairness of the Council after the close of the hearing and hoped the density would be considered favorably. He indicated a question in agreement, but said he would go along with the recommendations as previously mentioned. lie said this plan would eliminate the cul-de-sac and also five of the proposed lots. He said the remainder of the area between the R-3 and the platted R-1 property would encompass the ponding area and provide an open area for recreation. P4ayor Liebl again asked Mr. Dante if he would agree with the platting of 23 lots as had been recommeneded by the Board of Appeals and the Planning Commission. Mr. Dante indicated he agreed. The City Attorney said the intention of the proposed plat would have to be understood fully before it is adopted. He suggested the plat be approved and accepted with the agreement that the remaining parce7 would be platted into one parcel and perhaps be considered as an outlot. Mr. Dante pointed out the area on the plan on the easel and said this would be in the R-3 area. The City Attorney stressed the remainder of the property should be platted as an outlot, and this could be controlled by the issuance of building permits. He said if it were an outlot, there would be no future building in the area. Councilman Starwalt questioned the need for the creation of bike paths in the area � and referred to several cases where the City has had to condemn areas for walkways and other public uses of property. He stated he would like a good development for the City and there are people in his ward that abut the proposed plat. Ne indicated he would be at odds with the proposal without the walkway easements. Councilman Sreider expressed the view he did not think tlie creation of sidewalks in between the homes wouid be in the best interest of the future residents of the plat. He said this would create a lot of traffic and there are already sidewalks on the library property. Councilman Breider said he thought there was adequate facilities in the area for walkers to the Hayes Elementary School and the Junior High School and Senior High Schaol. He felt that as much foot traffic as possible should be kept out of the residential R-1 areas. FIz said in his area there is a great deal of traffic through the residential areas from the apartments. f;e explained how the young people�tamp the fences io take the shortest route and the creation of walking areas'would create a lot of problems for the people in the R-1 area. I�layor Liebl referred to the minutes of the Joint Meeting of the two Subcommittees and said they had suggested thai if this area would be a part of the apartmen� complex, there should be some recreational facilities provided for the residents of the complex such as tennis courts. Mayor Liebl read the recommendation of the Planning Commission which dealt with this portion of the area aloud to the Council and audience. He said this is the reason the proposed cul-de-sac had been deleted from the p7at. He said the Council would have to insure that the outlot is taken care of by the complex, . not by the City. Councilman Starwalt said he understood the concept, but thought there should be public access to the park area. Councilman Breider said the donation of the developer to the park system could be either land or cash. Councilman Starwalt said in this . instance, it would be natural for the donation of the land and then, the City would be responsible for the maintenance of the area. He questioned if the City would be , taking care of the area sometime in the future. � Councilman Breider explained there is green area just as the back yards are used by single family cases, this has not been done by the developers have no place to go and the children run all ove � needed for the apartment residents home dwellers. He indicated in some and the people residing in the units r the place. He said he would not look ...*. 224 -. PUBLIC HEARING MEE7ING OF DECEMBER 10, 1973 PAGE 4 on the open area of this development as'possible park property, there should be some place to go outside and there should be some place for recreation on the property just as those with single family homes have a back yards. . , The City Attorney said the developer would have two alternatives for the requirement of the donation to the park system, ne could donate land or cash in lieu of the land donation. The City Attorney said the donation of the cash wouid be on the R-1 portion of the property and the outlot should not be dedicated if the area is to be used in figuring the density of the area for apartment complex. Mr. Walter Peterson, 6351 7th Street N, E, addressed the Council and questioned the . discussion on the storm sewer. He said he had been present at a meeting•of the Council of a year ago and the Wall Corporation had agreed at that time to take care of the flooding of the area. Ne said there had been a storm sewer placed in the area in ]966 and this was to have taken care of the area. He questioned the need for.a new system to be assessed to the area people when they aiready had been assessed for the existing system. Councilman Breider said the existing system is drained into the Wall Corporation property in times when an overflow area is needed. He said ihe retention areas would provide added use for ihese times when the overflow system is needed. Mayor Liebl asked if there was any objection to the area abutting 7th Street, 63rd, and Mississippi being residential areas. Mr. Peterson said he wouid not object to this. Mayor Liebl said�this is what he and Councilman Breid.er had determined from talking to the people of the area. MOTION by Councilman Breider to close the Public Hearing. Seconded by Councilman Utter. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously and the Pubiic Hearinq closed at 8:55 p.m. PUBLIC NEARING ON A VARIANCE REQUEST BY THE WALL CORPORATION 70 ALLOW 144 UNITS ON TF - — c �' � nrrrni MOTIOi� by Councilman Utter to waive the reading of the Public Hearing Notice and open ; the Public Hearing. Seconded by Councilman StarwaTt. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unahimously and the Public Hearing opened i at 8:56 p.m. Mr. Dante addressed the Council and said this request had been discussed with both the Board of Appeals and the Planning Commission and the last time there had been a joint meeting of the Subcommittees. Mr. Dante said it was his understanding that the Subcommittees had not defined the recommendations for the variance within a certain number of units. He said they had recommended a variance be granted and that the unplatted portion of the R-1 property be used for the allotment for the density. He said he thought now they were back to the discussion of the number of units per square foot. Mr. Dante stressed he had reviewed the numbers on the proposed plat with the open area to be used for the density figures and this would allow 2,638 square feet per unit for 144 units. He said his figures were available if the members of the Council wished to review them. He requested the variance in density to be larger. Mayor Liebl asked the Acting City Manager/City Engineer if Mr., Dante's figures were correct. The City Engineer responded that the plat being used by Mr. Dante was different than that used by the City staff in figuring. The City Ennineer said the Board of Appeals and the Planninq Commission had recommended 144 units. Mayor Li�bl asked if this would be the absolute iimit in granting the variance for density and the City Engineer said this would bring the variance to the absolute limit in R-3 and this would be with full credit for the R-1 area. 7he City Engineer said the mimimum amount of density would be 2,500 square feet per unit. Councilman Breider said the proposal which would be acceptable to him would be 144 units with the cash donation for the park requirement. Mr. Dante stressed the plan had lost five lots and the Corporation would be developing the center area as a park. Councilman Breider again said if the variance was not granted, the total number of units which would be allowed be only 92. Ne stated, the Wall Corporation had not obtained approva] of the variance to 130 units, and now the request was for 144 with the additional land being figured in the square footage. Mr. Dante said the developer would be able to develop the property with the construction c ' 225 � ' . � ' ' PUBLIC HEARING,MEETING OF DECEMBER 10, 1973 PAGE 5 of 92 units, the original.request for 28 residential lots which would be 300 feet deep, and not�provide for the storm sewer system and request the City to provide a full system. He said the Wall Corporation would not have to be concerned about the upkeep of the ponding area. • . Councilman Sreider said if this was done, the City would not issue the building permit and allow the construction within the rezoned area. He stated, this did not sound very practical. Mr. Dante said everytime the plan is modified, the Wall Corporation is forced to back up. He said now there was to be money donated to parks or land donated and less units. Mr. Dante reminded the Council that the ponding and drainage system is a very expensive system to construct and maintain. � Mayor Liebl questioned the City Attorney on the point raised by Mr. Dante and ' asked if it would be possible for the 4lall Corporation to construct 92 units in the R-3 area, go ahead with the plat for the additional lots and cul-de-sac, and donate the 10� of the land to the park with correct accessability. 'fhe City Attorney advised the Counci] that this would not be possible in his � opinion. Mayor tiebl asked if it would be possible for the Wall Corporation to go ahead accarding to the City and State Code and develop the property forcing the City to install a storm drainage system for the area. ' The City Attorney referred back to the original agreement between the City and the Wall Corporation which was drawn up at the time of the rezonfng of the property �from R-1 to R-3. The City Attorney said the Wall Corporation could not develop the property without complying with the conditions of agreement that were entered � into at the time. Mayor Liebl again questioned if the original plan was considered, would it be possible to develop the property without construction of the storm sewer system. The City Attorney again referred to the original concept and agreement at the time of the rezoning. � � ' � � ' � � ' � � The City Engineer addressed the Council and said he would like to go over the work done and the recommendations from the Board of Appeals and the Planning Commission. He explained they had tried to come up with a proposa1 that would be within the law and also acceptable to the Wall Corporation. He stated they do have definite limits on what would be allowed. He referred back to the original request and said the property had been completely R-1 and a portion of the property had been rezoned to R-3. He recalled there had been many modifications in the pians for the area. He recalled an outline for the currently proposed complex had been defined at•the Special Meeting of the Wall Corporation and the Council: He read the four�stipulations which were set as guides to the various 5ubcommittees and the staff and said a set number of lots and rental structures for the multiple units had been recommended. He said the plan also included a stipulation that the drainage prob7ems of the area be taken care of by the Wali Corporation. He explained this was the recommendation of the Council as the matter was to be considered by the various Subcommittees. He explained the plan had changed slightly through the Subcommittee consideration. The City Engineer continued his explanation to the Council saying if more than 144 units are.allowed, the petitioner should again go through the rezoning process �on the R-3 area. He said there are special requirements for this type of usage with the various zonings. He said if the additional land is used and the credit is given, the City would be very close to the requirements of the R-3 zoning code and this would be with the allowance of 144 units. He said if the land is not provided for the park requirement, the cash could be donated in lieu of the land requirement for the R-.1 plat. He stated this would be Council prerogative, but it would be the staff recommendation that the cash be taken because of the Commons area being so clase to the proposed development site. The City Engineer expressed concern if there was a larger variance in density granted, it would be possible for someone to take action against the City and he felt he would like the project to get underway without any future stopping points. Ne stated, it had been the recommendation of the City Attorney that the Council not grant any larger variance than 144 as this would be very close to the R-3 density requirements. Mayor Liebl said this would take a rezoning request and the City Engineer replied this was correct, but he did not want anything to stop the development once it got started. Mayor Liebl questioned the City Engineer if his recommendation wou.ld be to go along with the recommendation of the Board of Appeals and Planning Commission and approve the R-1 plat. The City Engineer said yes, he would like the area bounded by the R-1 __, ; 226 -. . PUBLIC HEARING MEETING OF DECEMBER 10, 1973 PAGE 6 zoning and also•to stay within the limits of of the density requirements for the R-3 area. He said if additional area was to be rezoned, he would suggest this be along 63rd Avenue. He said if the Council would go beyond th�se limits, it may be difficult to defend legally. The City Attorney said the Council would not have unlimited discretion in granting the variance, He stated, it would be necessary to determine if this was a unique situation and a hardship in development. He said this could be proven with the low areas and the storm sewer problems of the area along with the unusual credit for density allowed for the added R-1 unplatted area. The City Attorney thought the situation was unique, but beyond this, there would have to be some justification. Councilman Breider recailed there had been alot of time spent on the proposals of ■ development for this parcel. He recalled four years ago the Council had maintained the concept of the residential buffer while making it feasible for the developer to install multip]e units. He added, in nis estimation of the proposal, he believed ' the current residential buffer would be good for the neighborhood and with the drainage problems taken care of, it would be good for the City and the pian would als.o prove to be good for the developer. Councilman Starwalt stated he would go along with the proposal for 144 units. � He added, now the Wall Corporation is a tax payer of Fridley. He thought the retention of the park property as private property would not cause any problems in the area, and if the.zoning requirements are met, this proposal would be agreeable with him and , all would be happy. � . Playor Liebl asked if it would be possibie to include the installation of the sidewa]ks on 5th 5treet. Mr. Dante said the Wall Corporation wou]d petition the City for this installation. Mayor Liebl said the abutting property owner would have to pay for the assessments. Mr: uante said this would be spread out. Councilman Nee said as this was a Public Hearing on the proposal, he would like to hear from the people present-who wished to speak. ' Mr. Peterson asked fihe Council how this pian dfffered from the plan that was approved a year ago. Councilman Breider said there had been 51 to 63 townhouses in the R-1 area and now - there would be no townhouses, there would be single family lots which would range in size from 75' by 120' to 80' by 120'. Mr. Peterson recalled that three years ago the developer�had said it would not be feasible�to build homes in the area. Councilman Starwa]t said the developer would be selling the platted land to a home ;ieveloper and the home building firm would deveiop �he plat, not the Wa]1 Corporation. - f�layor Liebl asked if there were any more comments from the people present. Councilman Nee questioned the City Attorney for clarification of the point of ' consideration �on the R-1 density requirements for the R-3 zoning area. He questioned ., if this would be in effect rezoning the property? The City Attorney said there would be a variance in the number of units in the R-3 area and this would be consistant with the criteria that there is a unique situation I on the parcel. Ne said the first reason that there is a unique situation is because �� the property is low and there is a drainage problem in the area. Secondly, the • City Attorney continued, there would be a pledge on the part of the developer that �, certain vacant iands would be used in conjunction with the R-3 property to provide I additional space for the density requirements. The City Attorney said he did not ' � I, think he could point to a certain ordinance in this case, but it is possible to � consider adjacent property in R-1 as parking areas and this•would be included in the �� density requirements. l�he City Attorney advised the Council that in his opinion, � this would be within the limits of Council au�hority and this would not be short cutting any zoning ordinance. He said if the construction of the units is ]imited ��, to the R-3 portion of the parcel and the remainder of the requ�rements could be controiied by building permits or the inability to issue building permits on the outlot, this would be satisfactory legally. , � Councilman Nee said he believed the variance would be issued from the required 2,500 down to 1,500 for the R-3 area and the City Attorney said the.figures were techn�cally correct. 227� � �� I ' L. J ' , ' � PUBLIC NEARING MEETING OF DECEMBER 10, 1973 PAGE 7 The City Attorney said there wouid have to be a pledge ihat the open area would be platted as�an open area to be retained for the purposes of ponding and retention of water and open space. Mayor Liebl said the 14th stipulation of the Planning Commission would protect the City in this aspect. Councilman Nee asked Mr. Uante if he would have any objection to the addition of another stipulation that the complete drainage be done before selling the p]at to a home developer. i•tr. �ante replied that he did not know if this could be done as the Wall Corporation would like to sell the lots as�rapidly as possible and this is what had been told to the Board of Appeals and the Planning Commission. Ne indicated he would like to sell the entire plat to one or two home developers if it would not be possible to sell to just one developer. 'Mr. Dante said he would like to conirol the property in the best interest of the investment. Mayor Liebl pointed out that the ponding area would have to be developed at the same time as the property is being developed in the multiple area. Councilman Nee explained he would like to see the installation of the pond as soon as possible. Mr. Dante stated the development of the ponding areas would be kept in line with the development of the R-3 property, there wou7d be an immediate need for the construction. He also stated this would be done as soon.as possible to eliminate the possibility of constructian costs increasing in the future. The City Attorney asked if the grade levels for the residential lots had been established. He stated the area will have to be developed so the water does not interfer with the residential property. P1r. �ante said the Wall Corporation would stipulate the position of the ponding area to the buyer if the installation is not complete. Mayor Liebl said that the installation would have to be done at the same time as the development of the property. , Councilman Nee asked to be forgiven for being so pehsistent on the point, but he wanted some way to co.ntrol the construction of the ponding area and this may invalve restricting the lots in some way. Mr. Dante again stressed the insta7lation of the installation of the pondin� area would have to be done in con,7unct�on w�th the construction of the R-3 property. He mentioned the fact that the bui7ding permits ' would be expiring and he would like the construction to begin before the coming spring. He stated if he were approached by a possib]e buyer for the lots in the coming week, he would like to be able to seil them. , Councilman Nee said he would like some mea.ningful assurance that this would be done. He recalled a short time ago at the present meetinq, Mr. Dante had said he may not install the ponding facility. Mr. Dante recalled that he had been informed it was his obligation to provide for the system through the original agreement for rezoning. ' tJ S � � ' � Mayor Liebl said if the correct procedures in development are not fol7owed, the City would have the ability to not grant the �ccupancy permit. Councilman Nee said if history could be any kind of a guide, he would state that it may not be built. Councilman Nee said he thought this to be a very constructive plan and he had been looking for guidance from Councilman Breider. He added, he thought the 144 unit plan would have a little more potential for a better structure than the plan for 130 units. i ,; Mayor Liebl �aid the petitioner wou1d have to go the Building Standards Design Control Subcor�nittee for their consideration and recommendations and he said the • applicant would supply them with the elevations in the parcel. Councilman Breider advised Mr. Dante that this present section of the meeting would not be granting approval, this was a hearing only. Mayor Lieb1 said the Council could take action on the matter during the Planning Commission section of the current agenda. MOTION by Councilman l7tter to close the Public Hearing. Seconded by Councilman Starwalt. Upon a voice vote, all voting aye, �layor Liebl declared the motion carried unanimously and the Public Hearing closed at 10:04 p.m. � PUBILC HEARING MEETING-OF DEC6MBER�10; 1973 OLD BUSINESS: . ORDINANCE #555 - DESIGNATING CREEK AND RI 22.7 . PAGE 8 NT DISTRICT, S, AND PROVIbING - Councilman Nee referred to the proposed amendment to the ordinance stating he believed this language to be satisfactory. The Acting City Manager said the staff had reviewed the ordinance and made this change in Section 9, paragraph 4. (�layor Liebl said the ordinance and amendment would save people some money. MOTION by Councilman Nee to amend the proposed Creek and River Preservation Management Ordinance as recommended by the Administration in Section 9, paragraph 4. Seconded by Councilman Utter. Upon a roll call vote; Councilman Nee, Councilman Breider, Councflman Starwalt, Mayor Lieb], and Counc�lman Utter voting aye, P�ayor Liebl declared the motion carried unanimously and the proposed ordinance amended. MOTION by Councilman Breider to waive the amended second reading of the Ordinance for the preservation management district, adopt adopt Ordinance #555, and order publication of the Ordinance. Seconded by Councilman Utter. Upon a roll call vote, Councilman Breider, Councilman Starwalt, Mayor Lieb1, Councilman Utter, and Councilman Nee voting aye, Mayor Liebl declared the motion carried unanimously and Ordinance #555 adopted as amended. Counciiman Nee recommended the people who wou7d be affected and eligible for the ' insurance be notified of the application procedure. The City Engineer asked if this information could be sent with the calendar and the Administrative Assistant, Peter J. herlofksy, said this would be difficlult to accomplish at this late date. - 7he City Engineer said it would be possible to send the notification to the paople in the Riverview Heights area stating they are eligible for the flood insurance. Mayor Liebi said another possibility wou]d be to include this information within the newsletter. He indicated this wou]d be a big help for the people if there would be a flood in the 1974 spr9ng season, He said he would like the people in Riverview He9ghts and also the people living on Rice Creek notified. Councilman Nee said his concern would be mainly the Riverview Heights area. NEW BUSINESS: RECEIVING BIDS AND CONSIDERATION OF AWARQING CONTRACT -�PACKAGE PROPERTY AIdD CASUALTY TNSURANCE: MOTION by Councilman Utter to receive the bids as follows: Insurance Agent P. M. Endsley Company , -Minneapolis - P. M. Endsley Company Minneapolis , Miner McAlpin Agency Minneapolis Anderson Agency St. Paul Insurance Compan� Home Insurance Company Western Casualty Ser. Co. Home Insurance Company Nome Insurance Company Net Premium $29,63Q ] year $70,431.3 years $40,409 1 year $70,981 3 years $29,630 1 year $70,431 3 years $29,630 1 year $70,431 3 years Donahue Insurance Gulf I»surance Company •$34,786 1 year St. Pau1 Wolverine Insurance Company $80,670 3 years. Zurick Insurance Company The Acting City Manager explained that four of the bids had been identicai and from the same company, but from four different agents of the company. Ne continued to explain the usual procedure in a situation of this type and said if the current contract holder is providing good service to the City, the Council may consider awarding the bid to him, or if there were a local agent involved, this may be their choice. SECONDED BY Councilman Breider. q � ' � •228 ;-� � � ' ' ' , � � ' � ' , � t , , ' , ' t PUBLIC HEARIN6 MEETING OF DECEMBER 10, 1973 PAGE 9 The City Attorney suggested the four low bidders submit a resume of their agencies indicating the type of service they offer, who is employed by the agency, what experiences they have had in the past and then suggested the item be placed on the agenda for consideration the folloa�ing Monday evening. • • Mayor Liebl asked if the other people who had submitted a low bid would be contacted. Mr. Gordon Middag, Purchasing Agent, said he would notify the other bidders. UP�N A VQICE VOTE, all voting aye, P1ayor Liebl declared the motion carried unanimously. RECEIVING THE MINUTES OF THE PLANNING COMMISSION MEETING OF NOVEMBER 21, 1973: MOTION by Councilman Nee to receive the minutes of the Planning Commission Meeting of November 21, 1973. Seconded by Gouncilman Starwalt. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. RECEIUING THE MINUTES OF THE JOINT PLANNING COMMISSION AND BOARD OF APPEALS MEETING OF NOVEMBER 28, 1973: COP♦SIDERATION OF A PROPOSED PRELIMINARY PLAT P. S. #73-09, 8Y 7HE WALL_CORPORATION; Mayor Liebl said if there are no objections, the Council could approve the plat at the present time along with the variances. He said the applicant would have . to go before the Bui]ding Standards Design Control Subcommittee for their review of the plan. MOTION by Councilman Breider to concur with the Planning Commission and the Board of Appeals recommendations and give preliminary approval of the plat and the variances based on the concept of the plat which would establish the variance and that final approval of the plat and variance will be given when the plat is prepared and adding the plat will not change from the one approved at the present meeting. Seconded by Councilman Utter. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. Councilman Breider commended the Board of Appeals and Planning Commission on the amount of work done and the amount of time put into the consideration of the Wall Corporatian requests. Mayor Liebl agreed stating the Joint Meeting had . gone�on until 1:20 a.m.; and the Subcommittees had worked diligently. MOTION by CounciTman Breid�r to receive the minutes of the Joint Meeting of the Board of Appeals and the Planning �ommission of November 28, 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 NOVEMBER 27, 1973: WALL CORPORATION: The City Engineer said this item had been taken care of in the previous action of the Council. � PUBLIC HEARING MEETING OF DECEMBER 10, 1973 �� " PAGE 10 A REQUEST FOR A VARIANCE OF SECTION 45,134, 46, FRIDLEY CITY CODE TO REDUCE THE � inc riiivirwri JCIDHI.n �r Vff-JII(CLI ;nrcnii�u rrcvri � r��i �u inc rinirv ovi�.uiivu iu ERO FEET, TO ALLOW THE CQNSTRUCTION 0— FTWAREHOUSE TO BE LOCA7ED ON LOTS 16, 7he City Engineer pointed out the proposed construction on the plan on the easel and stated the construction wou7d be the same on the west side as had been approved on the east side. He suggested there be an additional stipulation stating if there are assessments for the a U ey, the applicant would be aware of the assessment and agree to pay the same. MOTON by Councilman Utter to concur with the Board of Appeals recommendation and approve the variance with the add9tiona] stipulation that the petitioner be aware that there may be future assessments on the alley and he agrees to pay this assessment, Seconded by Councilman Breider. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. MOTION by Councilman Utter to receive the minutes of the Board of Appeals Meeting of November 27, 1973. Seconded by Councilman Bre�der. Upon a voice vote, all voting aye, Mayor Liebl declared the motion c�rried unanimously.. RECESS: Mayor Liebl called a ten minute recess at 10:35 p.m. RECONVENED: Mayor Liebl reconvened the meeting at i0:55 p.m. RECEIVING TNE MINt1TES OF THE BUILDING STANDARDS DESIGN CONTROL SUBCOMMITTEE MEETING OF DECEMBER 6, 1973: CONSIDERATION OF A REQUEST TO CONSTRUCT A NEW BUILDING FOR OFFICE AND WAREHOUSE The City Engineer said this applticant's item along with the others'included in the minutes would like to expedite their requests because of the weather conditions and the fact that the frost is rapidly growing deeper. He recommended that the Council approve the request with the seven stipulations of the Subcommittee. MOTION by Councilman Breider to approve the request for the construction of a new building by Paco Masonry to be located at 7893 Beech Street with the seven stipulations as recommended by the Subcommittee. Seconded by Councilman Utter. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. RATION OF A REQUEST TO ALLOW PLACEMENT OF A PRE-CONSTRUCTED SALES UNIT 0 The City Engineer advised the Council that this item should be tabled for consideration of a special use permit. MOTION by Councilman Utter to taGle the request by Motofoto of America, Inc. Seconded by Councilman Starwalt. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. CONSIDERATION OF A REQUEST TO CONSTRUCT AN APARTMENT COMPLEX lOCA7ED ON TNE �OUTN 698 FEET OF THE ��ORTN 10 6 EE r . F PP , L� , � � 1 ; '� , ��a , ' ' ' � PUBLIC HEARING MEETING OF OECEMBER 10, 1973 BY WALL CORPORATION, 8030 CEDAR AVENUE SOUTH, BLOOMINGTON, MINNESOTA): PAGE 11 The City Engineer advised the Council that this matter had been tabled a't the� Subcommittee level. CONSIDERATION OF A REQUEST TO CONSTRUCT AN ADDITION FOR THE USE AS A WAREHOUSE The City Engineer said there are some problems with Gumwood Street and also other buildings that are owned by Mr. Smith. He explained the conditions on the other buildings would have to be upgraded. Councilman Breider asked Mr. Smith if there uiould be any problems with the stipulation that the lots at 7795 and 7713 Beech Street be blacktopped. Mr. Smith said he had planned on blacktopping the parking areas. The City Engineer said the City was making an effort to upgrade the canditions in the area and he thought that if the lots were larger this would aid in solving the problems. � Mayor Liebl read the 11 stipulations of the Subcommittee aloud to the Council and Mr. Smith. He asked Mr. Smith if he had any objections to the . stipula.tions. Mr. Smith indicated he agreed with them. MOTION by Councilman Breider to concur with the recommendations of the Building ' Standards Design Control Sub�ommittee and approve the request for ti�e addition with the 11 stipulations suggested by the Subcommittee. Councilman Starwlat asked if some agreement for the parking had been reached ' and the City Engineer said. this had been worked out. He explained to Mr. Smith that every building has a certain required amount of parking stalls and they would work out the details of this r.equirement to gain compliance ' with the code. ,, Mr. Smith stated the parking problems are those of Assurance, they do not have enough parking. SECONDED BY Councilman Utter. Unon a voice vote, all voting aye, i��layor Lieb7 ' declared the motion carried unanimous7y.. " ' MOTION by Councilman Breider to receive the minutes of the Building Standards Design Control Subcommittee meeting of December 6, 1973. Seconded by Councilman Utter. �Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. � CONSIDERATION OF APPROVAL OF ADJUSTED PAYMENT TO ARTHUR VIET FOR LOT 2, AND 3, BLOCK 1, VEIT'S SECOND ADDITION: � � � MOTION by Councilman Utter to concur with the recommendation of the Administration and approve the adjusted payment to Arthur Veit for Lot 2, and 3, alock l, Veit's Second Addition in the amount of $2,864.20 that the Ciiy would pay down for the contract for deed and $6135.80 to be paid in January, 1974 for the warra�ity deed. Seconded by Councilman Starwalt. UPon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. CONSIDERATION OF CHANGE ORDER #3 FOR S7REE7 IMPROVEMENT PROJECT ST. 1973-1 Ai�D ST. 1973-2 MSAS DELETING 5TH STREE : The City Engineer said the improvement of 5th Street had been included in the project because the City anticipated the completion of the construction of the Wall Corporation complex, but this had not materialized this year, so, he Would recommend the Council approve the chartge order, but indicate the assessments should be carried as pending assessments. He said this would be completed the next year. � MOTION by.Councilman Breider to delete 5th Street from the Street Improvement Project St. 1973-1 and St. 1973-2 (MSAS) and approve the change order #3, and that the assessments be carried as pending. Seconded by Councilman Utter. Upon a voice vote, all voting aye, Mayor Lieb] declared the motion carried unanimously. '�J PUBLIC NEARING MEETING OF DECEMBER 10, 1973 CONSIDERATION OF ACQUIRING TAX FORFEIT �� PAGE 12 6A, SECOND REVISION AUDITOR'S SU�DIVISION #21: The City Engineer said the parcel of property may be needed in the future wh�en the area property is split into two lots. He explained the City did have need for street easement and also utility easements. MOTION by Councilman Starwalt to approve the acquiring tax forfeit l.ot 6A, Second Revision Auditor's Subdivision #21. Seconded by Councilman Breider. Upon a voice vote, a71 voting aye, Mayor Lieb] dec7ared the motion carried unanimously. RESOLUTION #154-1973 - ADVOCATING �FIRE FIGHTERS Mayor Liebi recommended approval of the resolution stating this wou]d be a great expense to the City. Councilma.n Nee said he believed the wording "Municipal Employees" should be deleted from the Resolution. The Finance Director, Marvin Brunsell, said the other employees would not be included in this resolution because they are paid for overtime after a 40 hour Heek. P10TION by Councilman Utter to adopt Resolution #154, deleting the words, "Municipal. Employees". Seconded by Councilman Nee, Upon a voice vote,.all voting aye, Mayor Liebl declared the motion carried unanimously, RESOLUTION #155-1973 - AUTHORIZING THE SALE OF CERTAIN SURPLUS PROPERTY: MOTION by Councilman Utter to authorize the sale of certain surp7us property. Seconded by Councilman Breider. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. RESOLUTION #158-1973 - ORDERING I SPECIFICA . 1974-Z AND RECEIVING PE1'ITION #16-1973 - OPPOSING THE IMPROVEMENT OF 57TH PLACE: Councilman Breider said he had received a petition opposing the improvement o� 57th Place. He said he would like to delete 57th Place from the Improvement Proje¢t. ', He continued there had been opposition of the improvement of Sunrise Drive and Rainbow Drive, but he felt the improvement of these streets was very inexpensive at this time and the only reason the people had voiced opposition was that it was not done along with the remainder of the improvements of the area. Councilman Breider feared if the improvements were put off, the street wou7d break up and the cost of the improvement wou.ld be greatly increased for the area property owne�s. MOTION by Councilman 8reider to adopt Resolution #]58-1973, ordering improvem�nt. final plans and specifications and estimates of the costs thereof; Street Imp�ovement Project ST. 1974-1 and ST. 1974-2 (MSAS), and deleting 57th Place from the im rovement�. Seconded by Councilman Utter. Upon a voice vote, a]1 voting aye, Mayor Liebl eclared' the m.otion carried unanimously. ' Councilman Starwalt said he had talked to the people on 73'2 Avenue and the people seemed to agree to the improvement at this time with the. exception of one man and he had not been in contact with him. Counci]man Utter said the man had not talked to him. Gouncilman Starwalt referred to the improvement of Bacon Drive and said the people are in opp osition to the street being placed as a through street rather than a dead end as it is at the present time. Councilman Starwalt expressed the view that all persons would not want any more traffic on their street than resides in the area. The City Engineer said if the.pian for tre cul-de-sac were used, this would mean the additional acquisition of riyht of way to enable the roadway to be large enough to get the necessary maintenance equipment through. Ne advised the Council that the Engineering recommendation would be to place the road through. f�e said if this is done, the entire community would benefit.. , � , _1 , ' � � ' . ' � I � 23� -- -- ------ - - PUBLIC HEARING MEETING Of DECEMBER 10, 1973 PAGE 13. Councilman Starwalt said the people of the area prefer to not have a through street and they want a 31 foot street. He said he would recommend the narrower street, but he would recommend the Council approve putting the street through. The City Engineer said the street could be constructed narrower with a"T" on each end. RESOLUTION #156-1973 - TO ADVERTISE FOR BIDS, BACKHOE LOADER: MOTION by Councilman Breider to adopt Resolution n156-1973, approving advertisement for bids for a backhoe loader. Seconded by Counci7man Nee. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimous]y. RESOLUTION tt157-1973 - TO ADVER7ISE FOR flIDS, FRONT END LOADER: � MOTI�N by Councilman Breider to adopt Resolution #157-1973 approving advertisement for bids for a front end loader. Seconded by Councilman Utter. Upon a Voice vote, all voting aye, Mayor Liebl declared the motion carried unanimous7y. CLAIMS: GENERAL 33866 - 34056 LIQUOR 8406 - 8457 MOTION by Councilman Utter to approve payment.of aformentioned claims. Seconded by Councilman Starwalt. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. LICENSES: - GENERAL CON7RACTORS BY APPROVED BY Erco, Incorporated 3231 Central Avenue Minneapolis, b1inn. 55418 0. R. Erickson � C. Belisle Metro Metals Incorporated 4345 Lyndale Avenue North Minneapolis, Minn, 55412 David Frankson � C. Belisle M9racle Construction Company 2807 63rd Avenue North Brooklyn Center, Minn. 55429 Robert W. Johnson C. Be]isle Swanson Construction • 466 83rd Avenue N. E. Minneapolis, D1inn. 55432 Dean Swanson G. Belisle HEATIN6 Hoglund Mechanical Contractors Inc. 7420 West Lake Street ' Minneapolis, Minnesota 55426 James Parson W, Sandin Ll�oyd's Sheet Metal � 4911 4th Street N. E. Columbia Heights, Minn. 55421 Lloyd Graczyk W. Sandin CHRISTMAS TREE � FEE Reinke Brothers $25.00 with 8154 East River Road $100 deposit Fridley, Minn. 55432 Boyd Reinke Deputy Fire Chief CIGARETTE Howard Johnson Co. dba Ground Round 5277 Central Avenue N. E. Fridley Edward Nanson Public Safety $24.00 . Director � � � . �� PUBLIC;HEARING MEETING OF DECEMBER 10, 1973 PAGE 14 MUTIPLE DWELLING • OWf�ER ADDRESS UNITS FEE APPROVED BY Douglas Investments 5980 2nd Street 4 $15,00 R. D. Aldrich 2505 Silver Lane N. E. Fire Prev. Mpls. Minn. 55421 Mrs. L. A, Torgeson 6061-63-65 3rd St. 3 $15.00 R. D. Aldrich 3673 E. 3rd St. Fire Frev. Tucson, Arizona Kent E. Welter 5370 5th St. N. E. 3 $75.00 R. D. Aldrich 5704 56th Aven. N. Fire Prev. Mpls., Minn. 55429 Rustic Oaks Corp. 1200 72nd Ave. N, E. 42 �$47.00 R. D. Aldrich 1200 72nd Avenue N. E. Fire Prev. Mp1s., Minn. 55432 K8M Invest. Co. 1619 73rd Ave. N. E. 24 $29.00 R. D. Aldrich 3005 Ottawa Ave. S. Fire Prev. Mpls., Minn. 55416 James Parnon 361 74th Aven._N. E. 8 $15.00 R. D. Aldrich Parlon Co. Fire Prev. 1675 Grand Ave. St. Paul, Minn. 55]05 Chirs Jelevarov 16Q Mississippi 4 �$75.00 R. D. A]drich 6191 Scorpie Circle Place Fire Prev. Apt. 230 Tampa, Florida MOTION by Councilman.Utter to approve the aforementioned licenses. Seconded by Councilman Starwalt. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. ESTIMATES: . Mr. Carl Newquist, City Prosecutor Hall, Smith, Juster, Feikema & Haskvitz 1050 Builders Exchange Building Minneapolis, Minnesota 55402 Services rendered as Prosecutor for November $ 1,135.00 Bury & Carlson, Inc. 6008 Wayzata Boulevard Minneapoiis, Minn. 55416 FINAL ESTIMATE N0. 8 for Street Improvement Projects ST. 1973-1 and ST. 1973-2 (MSAS) ST. 7973-1 $ 24,508.61 24,508,61 ST. 1973-2 (MSAS) 4,298,03 4,298.03 Comstock & Davis, Inc. Consulting Engineers • 1446 County Road "J" Minneapolis, Minnesota 55432 FINAL ESTIMATE N0. 2, for planning Water Improvement Project No. 109-A 195.74 FINAL ESTIMATE N0. 2, for planning Water Improvement Project No. 110 596,00 , � , � ' ' �34 � - � 1 � , � � ' ' � . ' r. � � � , . ' ' PUBLIC HEARING MEETING OF DECEMBER 10, 7973 Comstock & Davis continued: Partial Estimate #8 for Street Impravement Project No. 1973-1 & 2 from October 1 through November 2, 7973 Partial Estimate #3 far Water Improvement Project No. 109-B from October 1 through November 2, 1973 Partial Estimate #9 for Water Improvement Project No. 111 from October 1 through tJovember 2, 1973 Partial�Estimate #6 for Sanitary Sewer & Water Improvement Project No. 112 from October 1 through November 2, 1973 Partial Estimate #2 for Street Improvement Project '#1972-11i from October 1 through November 2, 1973 Mr. Dave 0. Harris 470 Rice Creek Boulevard Fridley, Minnesota 55432 FINAL BILLING - Agreement, August, 1973 PAGE 15 751.12 317,68 362.19 142.96 171.89 17,375.00 MOTION by Councilman Utter to approve the estimates. Seconded by Coanci7man Starwalt. Councilman Nee suggested the estimate for-the Harris property be listed as per agreement with the City. The City Engineer said this was for the purchase of the ponding area of 82 acres and was as stipulated in the previous agreement with Mr. Harris. UPO(J A VOICE VOTE, all voting aye, Mayor Liebl declared the motion carried unanimously. R[CEII�ING TNE S7A7US REPORT ON METRO 500 TRUCK PARKING VIOLA7IOf�S 5333 UtJIVERSITY �UE NOR HE ST: The City Engineer explained that the City had denied a special use permit to the Metro 500 operation and they were presently involved in court action against the City. He continued to explain the trucks being parked in the area are from out of state and mostly from Maine and the East Coast. He further explained that the service road is under the control of the Minnesota Highway Department and is not a Fridley service road. He said the people operating the business had been talked to and there is currently or�ly one truck par.ked in the area at the present time. Councilman Nee said the parking is spreading to the other lot. The City Engineer said the owner of this property would have to sign a comp7aint against the Metro 500 operator for tresspassing. Mayor Liebi said some one other than the City would have to complain to make the operator stop the violations. The City Attorney said he had talked with Mr. Hill, Public Safety Director, and he had advised him to pursue the matter if there were any violations. Ne said there would be a possibility of posting the service road for no parking. Councilman Nee said this had been done on one side. The City Engineer said the City would work with the Highway Department t� accomplish this posting. ::�:e City Attorney said this would keep the trucks off of the street. Councilman Nee said it is getting worse and worse for the area resider�ts. Councilman Utter said much of theparking is done on private property. Councilman Nee said they cannot park within 20 feet of the street and they are parking on the lot lines. The City Engineer asked who was to be tagged for the violations. The City Attorney suggested the owner of the property or the leasee of the property should be tagged. Mayor Liebl thought the owner of the property does not care if tags are issued. ' The City Attorney informed the Council that he had not talked with Carl Newquist City Prosecuting Attorney, about the problems. The City Attorney said he would not mind taking the operator to court if they could find something to take him to court for. � � 235 PUBLIC HEARING MEETING Of DECEMBER 10, 1973 PAGE 16 Councilman Breider said he felt the operator thought he had the City over a barrel. The City Attorney said he still cannot violate the parking ordinances. Councilman Nee suggested a motion which would insure the issuance of the parking tags to the owner or the leasee of the property. The City Attorney suggested that two steps be taken; one, that the street be posted for no parking and secondly, that the City Prosecutor be asked to draw up complaints after talking to the Police Department and determining the type of violation that couid be enforced. The City Rttorney said a truck driver from New Jersey does not care about a$2 parking ticket. Mayor Liebl asked if there wou]d be some method the City could use to impound the trucks. Councilman Utter brought up a point about illegal parking of trucks hy the Sears store. He explained this parking was done by trucks filled with telephone books for delivery in the area. and as the trucks were emptied, they were removed. he questioned if this was done in one area, 9f it would be repeated in another area. Councilman Uiter stated there is no definition for the boulevard and what can be or canriot be done in this portion of the property, He said in many cases, where an area is posted for no parking, the cars park in the boulevard seciion right in front of �he signs. I�lOTION by Councilman Nee that the City contact the Highway Department and work with them for the posting of the street on both side for no parking and also that the Prosecuting Attorney work with the Public Safety Director for a satisfactory method of issuing complaints for violations in the area and that if tags or complaints are issued, they be issued directly to the owner or leasee of the property. Seconded by Councilman Utter. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. COMMUNICATIONS: JOHN BOLAND, CHAIRMAN, METRO COUNCIL: LAWCON APPLICATION: MO7ION by Councilman Utter to receive the communication from Mr. John Boland, Chairman of the Metro Council in regard to waiving the Policy 31 requirement in respect to the LAWCON Application for the Foundation of the Island of Peace, dated November 30, 1973. Seconded by Counciman Nee. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. MINNESOTA HIGHWAY DEPARTMEN7: CONSTRUC?ION OF SIGNALS AT 73RD AVENUE ON 7. N. #65: MO7ION by Councilman Breider to wholeheartedly direct the Administration to a�prove the proposal of the Minnesota Highway Department in their plans for the construction of signals at 73rd Avenue on T. H, #65, and that the corr�nunication from the Minnesota Highway Department of November 27, 1973 be received. Seconded by Councilman Utter. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. ATTORNEY GENERAL WARREN SPANNUS, ANTITRUST ACTION MANUFACTURERS OF CAST IRON PIPE: MOTION by Councilman.Breider to receive the communication from Attorney General, Warren Spannous, regarding the antitrust action manufacturers of cast iron pipe - dated November 14, 1973, and also receive the check in the amount of $333.86. Seconded by Councilman Utter. .Upon a voice vote, all voting aye, Mayor Liebl declared the moti�rr carried unanimously. Mayor Lieb1 said he would like to write the letter of thanks to the Attorney General. CATV COMMISSION: A,dNUAL REPOR7: � MOTION by Councilman Starwalt to receive the Annual Report of the CATV Commission. Seconded by Councilman Utter. Upon a voice vote, ali voting aye, Mayor Liebi declared the motion carried unanimously. 1 ANOKA PARK AND RECREATION DIRECTOR: W/�IVE BURNING FEE: MOTION by Councilman Utter to receive and concur in the request from the Anoka County - � � , � . ' � � � � � ' � , � � , ' � � 236 PUBLT� HEARING MEETING OF DECEMBER 10, 1973 PAGE U Park and Recreation Director requesting the fee for a burning permit be waived, dated December 6, 1973. Seconded by Councilman Starwalt. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. LETTER FROM MR. BUCKLEY: POSTING ICE• The City Engineer said the area would be posted with thin ice signs which wou)d indicate the area was not safe for any traffic until the condition is safe. Ne said as soon as it is possible to gain access safely on the ice, the City would install the red flags which have been requested, ADJdURNP�IENT: MOTION by Councilman Utter to adjourn the meeting. Seconded by Counciiman 8reider. Upon a voice vote, all voting aye, f�layor Liebl declared the motion carried unanimously and the Public Hearing meeting of the Fridley Council adjourned at 11:45 p.m., December 10, 1973. Respectfully submitted, �� '.� Patricia Ellis Secretary to the City Council Date Approved. 0 Frank G. Liebl, Mayor 0 e � � FRIDLEY CITY COUNCIL MEET�NG PLEASE SIGN NAME ADDRESS AND ITEM NUMBER INTERESTED IN� DATE: DECEMBER 10, 1973 � AME ADDRESS ITEM �UMBER ------------------------� --------------� -------------______---------------------- res�y?�° a --------�------------------------------------ - ;-� - - - --------- ----------------- ��-- � . , _ _ i.S"/ ��. � � � � ,/ G%i00( — _/////lri//�J NiYi/K� /-r'i 9 /'={ w r� Ii lr'r � o `�i�._/-�.,/,'�'�.-s', Sr.:vn �ii�ri�os� � ( � � � ',C-"�l � � �s� .�. '� :y'? J �— ��Cs'��r�-��`---. � , �.- J � ., ;'�/�'�-i. ��c %�- 4- e 0 `j _n /\ i / /�/ /C � � 3s� � �.� .l�l �`'�. 62�1 - S-f�; �-� G �v S 3 S LC.�r,��-� � �-� - � l , �-� �d v .��-,�d' 3 � � ;� �� `�, ��, ; ; _`; r .�',,� �, �. � � ��, � , < t� �� f 73 - o Sctio �l i�co�L� �' - /-� ' � . ... , I ' � _ - :3� P,M, �RIDLEY CITY COUNCIL - PUBLIC HEAR�NG r�EETING DECEMBER 10, 1973 7 1 . PIEDGE OF ALLEGIANCE: 1 ^ � � ' i, . . I NVOCAT I OP, , 1 ' ROLI� CALL; 1 � . � . ' PRESEi�TATIOi�� 0� AWAR�: � CERTIFICATE OF APPRECIATION: VFW, FRIDLEY POST 3�3 � . ' APPROVAL OF M I P�UTES : . � VEMBER �2 1Q%3 PUBLIC HEARING MEETING, NO � ' � REG.IlLAR COUNC I L MEET I NG, i�OVEMBER 1�, 1973 , � . � Ai�OPT I Oi� OF AGENDA : . 1 . �ISITORS; . ' AG�NDA - 15 MINUTES) CONSIDERATION OF.ITEMS NOT ON I ' � � � � , , REGULAR MEETING, DECEMBER 10, 1973 PUB�, I C HEAR I�lGS : PAG E ?. �' � PUBLIC iiEARING ON VACATION REQUEST SAV �73-11, BY ALLEN ZEIS, TO VACATE HICKORY STREET BETWEEN BLOCK � AND BLOCK 4, AND ALLEY ADJACENT TO AND �'�EST OF � �� BLOCK 4, ONAWAY ADDITION; GENERALLY LOCATED BETWEEM �STH AND 79-r� AVENUES, BETWEEN BEECH AND RAILROAD � . TRACKS � � , � � � � � � � � � � � e � � � � �� 1 -- 1 � i 1 1 1 PUBLIC HEARING ON FINAL PLAT P,S, #73-�J9; BY THE WALL CORPORATION, BQUNDED ON THE SOUTH BY 63RD AVENUE N�E� � ON THE EAST BY STH STREET N,E�, ON THE NORTH BY I°�1 SS I SS I PP I STREET AND ON THE WEST BY %TH STREET �� , E, ,��, 2� Z C PUBLIC HEARING ON A VARIANCE REQUEST BY THE �"JALL �ORPORATION TO aLLOW 14� UNITS ON THE R-3 PORTION OF THE SITE, INSTEAD OF CODE AREA REQUIREMENT OF g2 UNITS, WITH SPECIAL CONSIDERATION FOR USING THE ADJOINI_NG UNPLATTED R-1 LAND WITH T�iIS R-3 RORTION� �� 3 � - 0 REGULAR MEETIfdG, DECEMBER 1J, 1973 O�D BUS I NESS ; P,�GE 3 CONSIDERATIOIV OF SECOND READING OF AN ORDINANCE DESIGNATING CREEK AND RIVER PRESERVATION ��IANAGEMENT �ISTRICT, REGULATING THE USE AND DEVELOPMENT THEREOF, THE ISSUANCE OF PERMITS, AND PROVIDING PENALTIES FOR � �IOLATION, � � � . � � � � � � � � � � � � � � � � � � � � � << - �-� 1 fJFbJ BUS I `JESS ; RECEIVING BIDS AND AWARDING CONTRACT - PACKAGE PROPERTY AND.CASUALTY INSURANCE, � , � � � � � � � � � � , � � �-5 F RECEIVING THE P'�1NUTES OF THE PLANNING COMMISSION f'�EETING OF I�OVEMBER 21, 1973, � � � � � , � � � � � � � � . � E - � F RECEIVING THE MINUTES OF TNE SPECIAL �OINT P��EETING OF THE PLANNING COMMISSION AND BOARD OF APPEALS OF I�OVEMBER 2g, 1973 � � � � � � � � � � � � � � � � � � � � � � � - % v REGULAR i�1EET I TdG, DEC�MBER 10, 1973 idEW BUS I(V�SS (COfJT I f�dUED) PAGE l� RECEIVING THE P'�INUTES OF THE BOARD OF APPEALS i�IEET I NG oF ��OVEMBER 27, 1973 , , , , , , , , , , , , , , , , , 8 — � � RECEIVING THE ��IINUTES OF THE BUILDING STANDARDS - DESIGN CONTROL SU�COMMITTEE MEETING OF DECEMBER 6, 1973�,,,,,,,,,,,,,,,,,,,,,,,,,,,,9 CONSIDERATION OF APPROVAL OF ADJUSTED PAYMENT TO � ARTHUR VEIT FOR LOT 2 AND �, BLOCK 1, VEIT�S SECONI� ADDITION� � � � � � � � � � � � � � � � � � � � � � � � � 1� `' 1� � 0 CONSIDERATIOiJ OF CHANGE ORDER �3 TO STREET IMPROVE- � MENT PROJECT ST, 1973-1 AND ST, 1973-2 (MS�1S) DELETING 5TH STREET� �� 11 - l�. A 0 m REGULAR MEET I i�G, DECEP�BER 10, 1973 «F�I BUSIf�ESS (�ONTI�IUED) PqGE 5 CONSIDERATION OF ACQUIRING TAX FORFEIT LOT 6A, SECOND REVISION AUDITOR�S SUBDIVISION �21� � � � � � � � � � � � , 12- � A CONSIDERATION OF A RESOLUTION ADVOCATING MUNICIPAL EMPLOYEES, AND ESPECIALLY FIRE FIGHTERS, BE EXCLUDED FROM THE OVERTIME PROVISIONS OF THE PROPOSED AMENDMENTS BEING DEVELOPED TO THE FAIR LABOR STANDART�S Ac-r, , , , , , , , , , , , , , � , , , , , , , , , , , , , 13- 13 K CONSIDERATION OF A RESOLUTION AUTHORI.ZING THE SALE OF CERTAIN SURPLUS PROPERTY, � � � � � � � � � � � � � � � 14`' lti A CONSIDERATION OF A RESOLUTION ORDERING IMPROVEMENT, FINAL PLANS AND SPECIFICATIONS AND ES7IMATES OF�TNE �OSTS TNEREOF; STREET IMPROVEMENT PROJECT ST, 1974-1 a�vD ST , 1974-2 (MSAS ) . , , , � . . , � , , , . , , , . , , . 15 i' " . REGULAR MEETIfJG, DECEMBER 10, 1973 I�E�� BUSINESS (CO(�TI�dIlED) PAGE 6 CONSIDERATION OF A RESOLUTION TO ADVERTISE FOR �IDS - BACKHOE �OADER� � � � � � , � � � � � � � � � � � � � 16 � �6 A CONSIDERATION OF A RESOLUTION TO ADVERTISE FOR BIDS - FRONT END LOADER� � � � � � � < < , . , , , . . � � 17 -- ?7 A �LAIMS � � � � � � � � � � � � � , � � � � � � � � � � � � 1� LICENSES, , , , , , , , , , , � , , , , , , , , , , , , , , 19— l9 R ESTIMATES � � � � � . � � � � � � � � � � � � � � � � . . . Z� - 20 L / REGULAR f�IEET I iVG, DECEMBER 1�, 1973 �E�J BUSINESS (CONTINUED) P!�G E 7 RECEIVING STATUS REPORT ON METRO 50J TRUCK PARKING VIOLATIONS - 5333 UNIVERSITY AVENUE N� E,� � � � � � � � � 21 - 2.�.� 0 COMMUfd I CAT I O�S ; JOHN �OLAND, METRO COUNCIL: LAWCON APPLICATION �� 2Z I�INNESOTA HIGHWAY DEPARTMENT: CONSTRUCTION OF SIGNALS AT 73RD AVENUE ON T�H� #6�, � � � � � � � � � � � , 23- 2�� ATTORNEY GENERAL WARREN SPANNAUS, ANTITRUST ACTION - MANUFACTURERS OF CAST I RON P I PE � � � � � � � � � � � � � � Zj� - Z�: � CATV COMMISSION: ANNUAL REPORT� � � � � � � � � � � � �'. � Z5 � Z� A ��NOKA PARK AND RECREATION DIRECTOR; L�AIVE �URNING F�E , , „ , , , , , , , , , , , , , , , , , , , , , , , , 26 A�JOi1R�d: . i1 ■ ■ I ,� � :� , � � � � � i � � j lii � , , l � 1 ; � `� , i �i �;'� I i�� ; THE MINUTES OF THE PUBLIC HEARING MEETING OF NOVEMBER 12, 1973 � � ' � I93 TNE MINUTES OF THE PUSLIC HEARING MEEi'ING OF THE fRIDLEY CI7Y COIiNCII OF NOVEMBER 12, 1973 The Public Hearing Meeting of the Fridley City Council of November 12, 1973 was called to order at 7:30 P. M, by F4ayor Lie61., ' PLEDGE OF ALLEGIANCE: ' Mayor Liebl led the Council and the audience in saying the Pledge of Allegiance to the Flag. ' L.J ' , INVOCATION: , The Invocation was offered by Mayor Liebl. ROLL CALL: MEMBERS PRESENT: MEMBERS ABSENT: Councilman Utter, Councilman Nee, Councilman Breider, Councilman Starwalt, and Mayor.Liebl. None. REQUEST FOR LOT SPLIT BY JOHN CARROLL: Mayor Liebl called Mr. Carroll forward to enable the members of the Council to review the proposed plat. Mayor Liebl said the proposed plat would be within the Second Ward and indicated Mr. Carroll's question to be, which of the Subcommittees he would have to attend for consideration'of approval of the plat. , The City Engineer outlined to Mr. Carroll that he would have to make application for the proposed plat and attend the Plats and Subs and Planning Commission meetings with his request. Mayor Liebl directed Mr. CarroTl to visit the City Offices during the hours of 8:00 A.M. and 5:00 P. M. � , � � � � ' , PRESENTATION: - Mayor Liebl intraiuced Mr. John Boland, Chairman of the Metropolitan Council to the Council and audience. Mr. Boland explained to the Council that upon taking the duties of the Chairman of the Council, he had immediately appointed a personal staff, He indicated the hope that the lack of communication between the Metro Council and the members of the various suburban communities would be eliminated. Mr. Boland stressed the importance of the members of the local communities getting in touch with his Administrative Assistant if ever there is a question or problem that they would be able to assist with. He said if his Assistant would receive a call, he would know about the matter immediately. He indicated to the Council that it is often difficult for people to reach him, but his assistant is in his office the majority of the time. Councilman Breider sought an answer to the question in regard to the denial of the application.for LAWCON Funds in conjunction with the Islands of Peace Foundation. He indicated the City had received the application back with the statement that the City does not have enough low income housing. He pointed out when the City had submitted the Comprehensive Plan to the Metra Council, this was sent back also with the same remarks. Councilman Breider continued, commenting that the City had . made some modifications in the Comprehensive Plan and this brought it to the level of acceptance by the Metro Council. Councilman Sreider questioned how the City would be able to improve this condition and be eligible for the LAWCON Funds. Mr. Boland said he was not familiar with the case in questions. He pointed out that the section of requirements which was previously #13 is now #31. He explained the applications are reviewed individually by the Council to establish a balance. Mr. Boland said the possibility of obtaining Federal money for low income housing is not in existance at this time, so it would be impossible to obtain assistance to improve this balance within the City. 0 ." 0 0 _ _ 194 � PUBLIC HEARING MEETIN OF NOVEMBE 12 19 • G R , 73 PAGE 2 , , I ' I ' � � , i � , �_ J ' , Mr. Boland referred to the question at hand and said he would research the matter. and get in touch with someone in Frid7ey �he following day with some indication on the reasoning behind the denial. Councilman Nee said Mr. Boland and Mr. Hofested had both indicated their activities in the Metro Council were to plan and guide area communities and yet, things are happening where the f�letro Council staff is governing the communities and imposing their feelings on them. He continued stating the City staff is getting tangled with the Metro Council staff. Councilman Nee expressed the opinion that the Metro Council should hire people on iheir staff who have run for office. He felt the staffing with the young college graduates was not a good method of finding people with experience in public contact. Mr. Boland said there is a large staff at the Metro Council and this does tend to tangle things up. He continued there are 14 full time people plus the Chairman of the Council. He repeated that the Council is a political body and anyone wishing input would be allowed two weeks or more to come to the Council, and request a staff report. Mr. Boland indicated the staff is trying to remove the great deal of paper work involved. He said the staff does come up with recommendations and the Council will rubber stamp the matters. Mr. Boland said it is his hope that this policy will change and he indicated this is in the process of reversing. Mayor Liebl listed the matters in which he believed the City of Fridley would need the assistance of the Metro Council: � 1. A great deal of cooperation is needed from the Metropolitan Transit Commission in establishing service within the City of Fridley. He mentioned the need for the young people and the senior citizens of Fridley to have transportation available. He stated, there had been a recent approval for the : construction of three bus shelters in the City. 2. Assistance is needed in the area of the Metro Sewer Board. Mayor Liebl said the City of Fridley is willing to pay their fair share and some of the area communities feel the suburbs are being used by the two core cities. He continued saying the City of Fridley had built a good system and the system had to be turned over to the Metro Sewer Board. Mayor Liebl said the City has no objections to this, and paying their fair share, but this should be fair on the seven county basis also. Chairman Boland said this is the type of change he hoped to execute. PROCLAMA7ION: "NATIONAL BIBLE WEEK" - NOVEMBER 18 - NOVEMB�R 25, 1973: Mayor Liebl explained he had received a letter from Mayor Lee Alexander, Mayor of Syracruse, Chairman, Mayors' Committee for National Bible Week, and in the spirit of good faith, he would recommend the Council adopt the proclamation designating November 18 through November 25 as National Bible Week. MOTION by Councilman Utter to adopt the Proclamation for "National Bible Week" being November 18, 1973 through November 25, 1973. Seconded by Councilman Starwalt. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. ADOPT•ION OF AGENDA: 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. PUBLIC HEARINGS: � PU[3LIC HEARING ON IMPROVEMENT: STREET IMPROVEMENT PROJECT ST. 1974-1 AND ST.1974-2 S S : MOTION by Councilman Nee to waive the reading of `';e Public Hearing Notice. � 5econded by Councilman Utter. Upon a voice vote, �1 voting aye, Mayor Liebl � declared the motion carried unanimously.and the Put:lic Hearing opened at 8:04 P.M. � � z ' ' 195� PUBLIC HEARITiG MEETING OF NOVEMBER 12, 1973 PAGE 3 The Acting City Manager/City Engineer, Nasim Qureshi, explained that some of the , streets within the proposed improvement project had been petitioned for and some where included in the overall 10 year street improvement plan for the entire upgrading of the City of Fridley streets. He pointed out that 90% of the streets � in the City had been improved and the addition of the remaining streets would � e]iminate more substandard streets and equalize the cost of maintenance throughout the City. He added, some of the streets within the project had not been petitioned for. ' � 57TN PLACE - 4TH STREET TO ITH STREET: Mayor Liebl stated the price for front foot in this area would be $14.23 per foot. ' Mayor Liebl asked if this street had been petitioned and the Acting City.iNanager said it had not been. Councilman Breider asked if the water and sewer would be included, and the Acting City Manager answered this would be installed so that . the roads would not have to be torn up in the future. . Mr. R. T. Sirr�nons, 360 57th Place N. E., addressed the Council and�stated he ' felt it a little difficult to address the Council because he was very upset at this proposal. He explained he did not want the improvement of 57th Place because this was in back of his home. Ne referred to the improvement of two, years ago and said the Council had indicated this would not devalue his property and he is � sure it has. He commented he is still paying the assessments for the improvement of the side street and now it is proposed for the improvement of the back street. He pointed out, no property owners had petitioned for the improvement. Mr. Marvin Hartse, 475 57th Place,�. E., addressed the Council and said he did not � want the street improved. He said he would be payina for the 170 feet of street and he could not afford this amount at the present time. He questioned if there were a shortage in road oil, would the amount of the assessments be increased. , � Mr. Donald Hippen,, 464 57th Place N. E., said he was opposed to the improvement of 57th Place. He added, his driveway and garage are on the ather street. r-, � I � � � � � � ' ' Mr. Glen R. Ramsdell, 400 57th Place N. E., said he was opposed to the improvement of the street. � ' Mr. Robert Engstrom, 455 57th Place N. E., said he opposed the improvement. Mr. John Tiller, 417 57th Place also objected to the improvement. t Mr. Robert R. Amborn, 405 57th Place, asked who would be paying for the improvement of the easements. He indicated there was a 30 foot easement. The Mayor said the City would be paying for the easement if it is in their possession and the County would pay if this was their easement. The City Engineer said if the easement was the public right of way, the cost of the easement would be spread over the entire street. — S UIRE DRIVE, DANA COURT, AND CAMELOT LANE RICE CREEK ROAD TO MISSISSIPPI STREET AUTHUR STREET TO HE EAST OR HARRIS LAKE ESTATES : Mayor Liebl asked Mr. Harris if he was in favor of the proposed improvements and Mr. Harris said he would agree to the installation of the improvement. Mayor Liebl asked Mr. Harris if he was prepared to pay the assessments, and Mr. Harris said he would. � 732 AVENUE - HIGNWAY #65 EAST SERVICE ROAD TO CENTRAL AVENUE: The Acting City Manager said the City hoped the people would get together and vacate the street and use the main access. He pointed out that now there is some building on 73; and the improvements previously planned would be reactivated. �� Councilman Breider questioned where the building was being constructed. The Acting City Manager said this was Central Auto Parts. Mayor Liebl said this had been part of the stipulations for the added construction that the roadway be improved within two to three years. Mr. Thomas Flaherty, Central Auto Parts, 1201 73; Avenue N. E., said he had understood that this improvement would be in two years. Mayor Liebl said the assessments would be levied in 1975. Councilman Breider asked if there was a need that the street be installed at this time. The Acting City Manager pointed out that for the present �� , 196 , � � , � , � � ' , � � PUBLIC NEARING MEETING OF NOVEMBER 12, 1973 PAGE 4 installation of the roadway and one of the reasons was because of the Rice Creek. Water Shed District concerns about the washing of the soil of the area into Rice Creek, He said the improvement would be th� one method of stopping this erosion and silting of the Creek. , � �- Mr. Flaherty said he had talked to the land owners of the area and it was the consensus of the area that the improvement not be done at the present time. He commented on the development ofi the area and said the people were not opposed to the improvement, they would be more able io meet the assessment price in the future. He explained that the area people are still recovering from the � assessments on 73rd. Mayor Liebl said he could not see the dirt street there. Mr. Flaherty said the area is commercial and only 50% of the property is developed. He indicated the two main property owners to be Central Auto Parts and Fridley Auto Parts. Mayor Liebl pointed out that the assessments would not be levied until 1975. He asked if the improvements were delayed, would the property owners give the City full support in the future. � Mr. Leroy Haluptzok, 1240 73z Avenue N. E., Fridley Auto Parts, said he would favor the delay of the improvements for some time. Mayor Liebl again pointed out that the improvement of the street had been one of the stipulations of the Building Standards Design Control Subcommittee when the addition'was approved. The City Engineer agreed and said there were two reasons for the importance of the improvement being installed. He referred to the requests of the Rice Creek Water Shed District to eliminate the erosion into Rice Creek and secondly, the intent of the City to upgrade the standards of the area by imp�ovement of the street and the installation of fencing so the cars would not be setting all over the property. The City Engineer said there is a need for the improvement in the appearance of the area. He pointed out that the assessments would not be levied until about 1975. Councilman Starwalt said he is familiar with the area and he thought this was the worse street in the City of Fridley. Mr. Flaherty said he is attempting to improve the property, but he questioned if the construction of the improvements to the property could be handled along with the added expense of the levied assessments for the street improvement. He indicated the street is needed.and wanted, but did not think the financial.burden of the two improvements could be met at the present time. Councilman Starwalt pointed out that the improvement would greatly improve the � value of the property, and the assessments would not be levied for two years. He said the two year period would be enough time for the property owners to prepare financially for the payment. , � , , � � �I Mr. Cliford Thoe, 7250 Central Avenue N. E., said he lived right on Central and � would like to delay the improvement. He said he had 175 feet on 73rd and had ' a$3,500 assessment for this improvement. He said with the added assessment, , this would be a financial burden on him. He questioned if the improved 73'2 would . be as wide as 73rd. The City Engineer said no, this would include a concrete • eurb and a blacktop•street. Mayor Liebl said Mr. Thoe'f assessment for the improvement of 73%2 would be $1,630 as estimated at this time. �! ` Councilman Starwalt asked Mr. Thoe if the assessment amount included any other improvement beside the street. Mr. Thoe said no, the water had already been installed. Councilman Starwalt said he was sure the amount of the asse$sment cou�d be accounted for. The City Engineer said he was surprised at this price. He continued, the actual assessment never goes over the estimate. Mr. Thoe asked if he had perhaps paid for both sides of the street. The City Engineer said this would not be done. _ _ _ � ' ' PUBLIC HEARING MEETIN� OF NOVEMBER 12, 1973 PAGE 5 Mr. Thoe said since 73rd has been improved, the street has turned into a drag � strip and the property owners cannot stand the noise. He felt some of the traffic must be traveling at 70 miles per hour on the improved roadway. He � said he had called the Police Department, but felt it was not his business to pursue the matter beyond this step. � � � L� ' Mayor Liebl asked Mr. Thoe if he was opposed to the improvement of 732 at this time and Mr. Thoe said he would like to delay the improvement because at this time he is paying $1,500 in taxes on his property. BACON DRIVE -'ONONDAGA STREET TO 75TH AVENUE: Ms. Virginia Conrad, 7440 Bacon Drive N. E., addressed the Council and stated she objected to the improvement being she did not want BacoR to become a through street. She firmly stated there is a barricade at the end of the street and the area property owners would like the barricade left there. 197 The City Engineer said the improvement of this street had been considered in 1970 and � the Council had indicated it would be reconsidered in 1971 and installed. The City Engineer explained that this was not brought back for improvement in 1971 and now with the improvements in the area, it is the only dirt street remaining in the area. 1 .� . Mrs. Conrad pointed out that some right of way would have to be acquired for the improvement of the street. The City Engineer said this would be a part of the plans for the improvement of the area. Mayor Liebl said this would be bought by negotiations or condemned. The City Engineer said if the City was not able to ' negotiate for the purchase of the property, they would go to the legal process for acquisition. L_J , , � Mrs. Conrad recalled the people of the area had indicated they did not want the streets improved in 1970 and the City had set the improvement as�d e for several years. She pointed out that she was not expressing the view that the street shouid not be improved, she would question the need for the installation of a 30 foot street in the area. She asked if it would be possible to construct one half of a street which would not go to 75th Avenue. She said she did not want a race track created in the area as had been done with other through streets. She said there is such a race track in the back yards of the area homes at the present time, and the property onwers had requested the installation of a stop sign and it had not been installed. She suggested Arthur Street be improved instead. Mrs. Conrad pointed out that Onan had been a good neighbor and had done a good job , of landscaping and had tried in all areas to conform to the wishes of the neighborhood, but they did not have any control over the access and egress of the personnel of the business. Mrs. Conrad also pointed out that there is not a child in the area who does not use the street to gain access to the park, and this is a very small park and the people of the area would like it to remain this way. She stated, if they have to have a street, she would like it to be one half of a street. , Mayor Liebl asked the Acting City Manager/City Engineer to explain the proposed improvement. The City Engineer said there is an accessability question. He said there is a portion of the area where the right of way would have to be obtained. He added, the proposed through street is what had been proposed al] along and 1 : there had been a resolution which instructed the improvements to be installed in 1971. He again sCated, this is the only dirt street in the area. The City Engineer said McKiniey Street in this area is to be improved in 1974. I Mayor Liebl suggested that Councilman Starwalt and Councilman Utter review the area for an opinion and recommendation to the Council on the improvements. He mentioned if the plat is approved, those people would have to be considered and the City would have to be fair to them also. � The City Engineer said they would have to consider the factor of providing access to the other areas. He stressed the plan being considered was the same as was considered three years ago. He said they have provided approaches from Onondaga 75th to Bacon Drive. ' � Discussion followed concerning the installation of services and the storm sewer in the area. The City Engineer said the necessary water and sewer is already in the area and there would be no additional installation of storm sewer. , � 198 � ' � ' PUBLIC NEARING MEETING OF NOVEMBER 12, 1973 PAGE 6 Mr. Charles Fowler, 7425 Sacon Drive N. E., asked if it would be possible to change the traffic pattern on Hayes to one way. The City Engineer said the reason for the traffic problems in this area is because of the Onan traff.ic is unable to obtain access to the highway, this is why they take the side streets and use Moore Lake along Central Avenue for access to the Highway. He said if all goes as planned, there would be a signal at the intersection of 73rd and T. H. �65 next year. A resident of the area presented the Council with letters from Mr. and Mrs. Gary 6. 0'Malley, dated November 12, 1973 and Mr. and Mrs. John G. Westby, dated November 12, 1973, stating they were unable to attend the meeting. Mrs. Conrad stated the area appears to be ]arge enough for additional development, but the actual measurements of the properties would prove this to be impossible. � MOTION by Councilman Starwalt to receive the communication from Mr. and Mrs. Gary B. 0'Malley, dated November 12, 1973 regarding the improvement of Bacon Drive and also the communication from P•1r. and F1rs. John G. Westby, dated November 12, 1973, also regarding the proposed improvement. Seconded by Councilman Utter. Upon � a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. Mayor Liebl informed the area residents that the members of the Council would look at the area and determine the traffic problems and allow for a practical use � of the entire area. He stated, they would also have to consider the creation of aiditional difficulties on 75th. � � , � � � �, FI � ' i SUNRISE DRIVE - 61ST AVENUE TO T. H. #47 SERVICE ROAD: Mr. John L. Ranger, 6211 Sunrise Drive N. E., addressed the Council and said he had circulated the petition for the improvements of Sunrise Drive. He said he is sure the amount of the assessment would hurt some people of the area, but he felt by 1978 when all of the City's streets were to be improved, this assessment would mount in price and be more severe. He indicated nine people of the area had signed the petition for the impro �ment. He pointed out that this had not been 50� of the people of the area. He stated he would favor the installation of the improvement at this time. The City Engineer said it was the hope of the City that this is what would be done. He informed the people of the area and the Council that this assessment would be less in this area because of the good base which is currently in taet and the improvement could use this for its base. He stated this improvement would be half of the price that is charged.in other areas where the base cannot be used for the roadway. He said the norn�al amount would be $14.00 and this improvement is estimated at less than $8.00. Ne repeated the streets in Fridley will all be brought up to standard by 1978 and if the impr.ovement would be delayed, there would be an increase in price. . Mr. Ranger asked how the City would c4etermine the rate according to the footage . when the }ots of the area are pie shaped and irregular. The Finance Director said it has been the Ci.ty's policy to determine the width at the setback line of the � property. Mr. Ranger asked how the easements in the area would be assessed and the City Engineer said they would be assessed equally between the property owners in the area. He indicated this would be for the road easement. 1 , i Mr. Wayne Brandt, 5231 Sunrise Drive, inquired why the petition had been honored when if had not been signed by 50% of the property owners. Mayor Liebl said the Council had not honored the petition, they had only received it. He further , explained, at the present time the people would be able to indicate whether or • not they were in favor of the improvement at the Public Nearing. The City Engineer stressed the point that a number of streets are improved with- , out the people submitting a petition for the improvement. He indicated the , improvement was only being brought to the attention of the people for input and � determination if it is wanted at this time. He said if the majority of the people � are not in favor of the improvement, it can be delayed, this would only involve a i discussion at the present time. � � , ' I ' ' ' . � ' , ' ' ' ' ��9 PUBLIC HEARING MEETING OF NOVEMBER 12, 1973 PAGE 7 A resident who had questioned the replacement of the driveways of the area dtaring the construction of the improvement indicated he would like to go oh record in apposition to the improvement. , Mr, Ernest P. Powell, 6241 Sunrise Drive N. E., said he would oppose the improvement. Mrs. Richard Auer, 6221 Sunrise Drive, said she opposed the improvement. She explained she had initially signed the petition, but had changed her view. RAINBOW DRIVE - JUPITER DRIVE TO T. H. #47 SERVICE DRIVE: The City Engineer said with the petition submitted for the improvement of the other street in the area, this street could be included in the improvement which would reduce the overaii costs of the improvement if the area people are interested in the improvement. Mr. Leonard Passon, 6211 Rainbow Drive, addressed the Council and stated he was opposed to the improvement of Rainbow Drive. Mr. Passon.questioned why this area had been by passed when the improvement of the remainder of the area was done. He said as long as the improvement was not done before, he would oppose it at this time. He questioned if the developer of the area was to have paid some money into pending assessments for this improvement. His impression was that this had been done. Mayor Liebl asked when this money was to have been paid for the improvement, was it when Sylvan liills was planned? The City Engineer said this street was an oil base stabaiized streei, and now the improvement wouid be for a blacktopped street with curbing and gutters. He explained with this °improvement, 100% of the cost would be paid by the property owners. The City Engineer further explained, the existing roadway �iill serve as a base for the improvement, and the costs of the improvement would be reduced because of this factor. AR7HUR STREET - RICf CREEK ROAD TO MISSISSIPPI STREET: The City Engineer pointed out the area to be developed and said some of the lots in the area to the west side of Arthur Street are vacant and have not been developed, so under this improvement, only the east side of the street would have curbing and gutters under the currently proposed project. He also pointed out that the Council felt they did not want to install the storm sewer west of this area at this time, so this would not be completed, the gutter and curb to the west would be comp7eted when all of the improvements are installed in the area. Mayor Liebl questioned the deletion of the curi�ing on one side of the street and asked what improvements would be added in the future. The City Engineer pointed out that this would involve the possibility of continuing the storm sewer of the area up Arthur Street to Rice Creek. He asked if the peop7e would be getting a credit if the street is torn up and improved in the future. The City Engineer said if the street is torn up, the people would receive a credit. ' � �Mr, fljalmar Anderson, 1491 Rice Creek Road, asked.if Arthur Street would be improved from 64th and all the way through. The City Engineer said this is the plan. He pointed out that this is the only way the improvement could gain approval by the , Highway Department. ' i , � ' Mr, Anderson asked how much his assessments were estimated at. • Councilman Utter said he had talked �to Mr. Harris before the present meeting and Mr. Harris indicated it would be possible for the improvement to run to Camelot Lane only, and not a]1 the way throught. The City Engineer said eventually, the road would be put.through, whether it be now or two years from now. He said only the people abutting the road would be paying the assessments. Mayor Liebl indicated with the other streets in the project, it would make this improvement more feasible financially for the people of the area. Mr. Anderson said he had checked into what it ►�:ould cost him, he questioned if Mr. Neuman would also pay a portion of the improvement. The City Engineer said Mr. Neuman would be paying his share of the improvement. -� ' 200 ' PUBLIC HEARING MEETING OF NOVEMBER 12, 1973 PAGE 8 Mr. Robyn Larson, 1482 Mississippi Street.N. E., asked if the storm sewer would ' be installed on Arthur Street. The City Engineer said there had already been a Public Hearing on the storm sewer improvements in this area. M�. Larson asked if the storm sewer piping of the area would be done before the installation of the street and the City Engineer said it would be done first. � ' , � ' , 1 � ' � ' ' ' ' ' ' ' Mr. Daryl Wolf, 6446 Arthur Street td. E., questioned the proposed installment of curbing on Arthur Street. He asked if this would just include the street which may break up at the edges in time. The City Engineer explained the concrete curbing � wou�d only be installed on the Harris Lake Estates Plat side of the street. He - explained the'drainage problems of the area. When the other side of the street is developed, he said, the curbing and all other improvements would be added at this time. Councilman Starwalt asked if the curb could be put in at the present time. The City Engineer again explained that the development of the area is not complete to the west of Arthur Street. He added; there would be an asphalt curb or edge which would not break up and aid in the drainage such as on 64th at the present time. He stated, this does look clean and contains the water. Mr. Wolf said he would oppose the construction of Arthur Street all the way through at the present time. MISSISSIPPI STREET - CENTRAL AVENUE TO STINSON: The City Engineer explained this roadway �ould be improved as a Minnesota State Aid Road, and this would involve a normal residential assessment for the people of the area. He stated, he believed this to be the poorest asphalt street in the City, and the City had been holding up the improvement because of the drainage problems in the area. At this point, there seems to be some direction on the solution of the drainage problems, so it would be possible for the City to install the improved roadway. He also pointed out that the School District #14 has requested sidewalks be installed on the north side of the street for the children attending Rice Creek School and must use this roadway as access to school. The City Engineer continued explaining that the additional costs of the installation of the side walk would be taken care of by the State Aid Funds. He stated the people would be payng �14.41 per front foot, or the same as residential streets in other areas. He stated, the City has enough funds firom State Aid to complete the project. Mr. Cletus C. Nei, 1465 Mississippi Street N. E., questioned the placement of the electrical pole in his yard and asked if this improvement were approved, would this pole be possibly moved to the lot line. The City Engineer said whenever there is an improvement, the City sends the plans for the improvement to the utility companies. He said if.it is possible to change it to a better suited position, this would be done at this time. Mr. Ferdinand F. Holzheu, Jr., 6491 Central Avenue N. E., inquired if the street would be as wide as it is from Old Central to Highway #65? The City Engineer said it would not be ttiis wide, the curbing would be angled so these two corners would match up. Mr. Holzheu said he had been in he area for 25 years and for the last eight years, � • the traffic on the corner of Old Central and Mississippi has become increasingly ' ' wbrse. He questioned if there could be a stop signal inStalled here. Mr. Nei asked what the grade of the road would be established at and the City Engineer said it would be basically as it is at the present time. Mr. Holzheu asked what the width of the street would be and the City Engineer said it would be 46 feet between curbs, or 23 feet from the center. The City Engineer explained there would still be some problems with the storm ' sewer and the drainage of the area. He indicated the system to be provided would not be a complete system, but it would be at a lesser cost to the area people. MOTION by Councilman Starwalt to close the Public Hearing. Seconded by Councilman Utter. Upon a voice vote, all voting aye, Mayor Leibl declared the motion carried and the Public Hearing closed at 10:24 p.m. Mayor Liebl said this would be placed on the Council agenda for consideration the second meeting in December. , � ' ' ' � ' i ' i , , ' ' ' ' ' ' ' ' � � ' ' I � ' PUBLIC HEARING MEETING OF NOVEMBER 12, 1973 PAGE 9 201 PUBLIC HEARING ON CREATION OF A NEW ZONING DISTRICT CALLED CREEK AND RIVER ' PRESER ATION DISTRIC : � MOTION by Councilman Utter to waive the reading of the Public Nearinq Notice. r Seconded by Councilman Breider. Upon a voice vote, all voting aye, Mayor Liebl declared the mot,ion carried unanimously and the Public Hearing opened at 9:25 p.m. RECESS: Mayor Liebl called a ten minute recess at 10:26 p.m. RECONVENED: � Mayor Liebl reconvened the meeting at 10:42 p.m. Mayor Liebl referred to the map in the agenda which indicated the zoning for the Creek and River Preservation District. The City Engineer summarized the action on the matter up until the present meeting and stated there would be a benefit to those people who lived within the district because they would be ab7e to obtain flood insurance in the future. The City Engineer said this ordinance would affect some of the people in the Riverview Heights area, and if there were future construction in this area, the homes would have to be flood proofed. Ne said this may affect about 50 buildable lOts. He.said it would have some advantage for the existing homes in the area in that it would pay for flood damage in the future. The City Engineer explained that the City is required to adopt this ordinance as recomnended by the State Legislature. He said the plan had been reviewed by the Department of Natural Resources and the Planning Commission. He referred to the minutes of the Planning Commission meeting within the agenda folder of the Council- men. He said the Planning Commission had recommended to the Council adoption of the Ordinance with two.modifications. He stated, the Administration concurred with the recommendation of the Planning Commission. Mayor Liebl said this would be a benefit to the people who live in the flood plain area. He said these people would be able to buy insurance through the Federal Government. Mrs. Margaret Iverson, 7899 Broad Avenue N. E., said her home was within the . area described on the map and she questioned if she would be able to rebuild the home at all if it were destroyed more than 50% by flooding. The City Engineer said this would involve properties within the flood way only and the Iverson home was not in this area. He informed Mrs. Iverson, her home was within the flood plain and she would be able to rebuild the home with flood proofing. MOTION by Councilman Nee to close the Public Hearing. Seconded by Councilman Starwalt. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously and the Public Hearing closed at ]0:50 p.m. The City Engineer pointed out that those people with vacant lands would be most adversly affected by the ordinance. PUBLIC HEARING ON REGISTERED LAND SURVEY P. S. #73-08, BY HARLAND BERRY, GENERALLY LOCATED LONG TNE WES7 AND NORTH SHORES F LOCKE L KE: AND RESOLUTION #149-1973 - APPROVING REGISTERED LAND SURVEY BY HARLAND BERRY, P. S. #73-08: • MOTION by Councilman Breider to waive the reading of the Public Hearing Notice. Seconded by Councilman Utter. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously and Mayor Liebl declared the Public Nearing opened at 10:51 p.m. Councilman Nee asked Mr. Berry if he had any objections to the stipulations recommended by the Planning Commission and Mr. Berry indicated he had none. ■ � � � � € , � � � -- - — � ZOZ I , � R�18LIC HEARING MEETING OF NOVEMBER 12, 1973 ' PAGE 10 The City Engineer explained if the City would not take possession of the remaining ' lake bottom, it would probably become public land in time anyway through tax forfeit. His thought was that perhaps the City shou7d acquire the center of the lake at this time from Mr. Ostman. He indicated Mr. Ostman had said.he would deed the land to the City. ' , ' ' ' �I' , ' , ' ' ' � ' �J ' The City Engineer pointed out the acquisition would benefit the area property owners as if there was work to be done, they would be assessed for this and the City would not take the maintenance of the lake from General Funds. His second point was that this would aid in the maintenance such as dredging and would also follow the policyof the Rice Creek Water Shed District for maintenance. Mr. Berry pointed out that there would be seven peonle involved in the land proposal of the present meeting. The City Engineer said he would not suggest the City taking ownership of the lake battom if this would harm the entire City. If there is to be any work done in the future, the cost should be assessed to the abutting property owners. He pointed out there would be some regulations set by the Rice Creek Water Shed District. MOTION by Councilman Nee to close the Public Hearing. Seconded by Counci]man Breider. Upon a voice vote, all voting aye, P�ayor Liebl declared the motion carried unanimously and the Public Hearing closed at 11:00 p.m. MOTION.by Councilman Nee to adopt Resolution #149-1973 approving the Registered Land Survey as requested by Mr. Harland Berry-and the approval of the plat with the stipulations that an easement be dedicated to the City for the execution of Public Works procedures under the water and that after the City accepts the title to the lake bottom remaining parcel, this does not obligate the City for its entire maintenance. Seconded by Councilman Breider. Upon a.voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. The Acting City Manager said he would draw up the resolution and submit it to the County. CONSIDERATION OF DESIGNWARE INDUSTRIES INC., REQUEST TO DISCUSS THE FIRE NYDRANT STIPULATIOfd 7ABLED OCTOBER 29, 973 : The City Engineer explained the applicant had requested the stipulation for the Fire Nydrant that had been placed on the 6uildinq permit be waived. He stated the permit had been issued already, but the applicant would like some discussion on the stipulation. The City Engineer said the Council had approved the permit with this stipulation and the applicant wanted ihis deleted, this was why it was on the present agenda. The City Engineer indicated both of the persons concerned were in attendance at the present meeting, so they would be able to elaborate on the matter. Mr. Robert Hughes, Fire Chief, addressed the Council and said there would be some alternatives to the stipulation required. He added, there are some problems involved with accessability to the Fridley Bus Garage. Ne pointed out that there would be no access from Main Street except on P�ississippi to the railroad track ' area. He said the ideal situation would be creating a loop with three hydrants, but one alternative would be to create a driveway to the bus garage which would •be plowed for Fire Truck access during the winter months. Mr. Hughes said the hydrant on Mississippi Street would be eliminated because of the underpass, and a hydrant should be provided in the area to replace this one being taken out. Chief Hughes said this hydrant could be installed in the back of the Designware property. Mr. Hughes said he had checked the conditions at the Designware Building and he ' had determined by this review that there is very little in the manufacturing area � that could burn. He added, the only area that would contain burnable material would be the office section of the building. Mr. Hughes said if the conditions � at the business would not change, the hydrant on the corner of Main and Mississippi would be sufficient. .� ' � � , � �I ' , , ' 203 PUBLIC HEARING MEETING OF NOVEMBER 12, 1973 PAGE 11 Mayor Liebl questioned if the Designware property has a sprinkling system. Mr. Hughes said he did not feel the installation of a sprinklinq system would do m�ch good with the type of operation as there is not much t�at could burn. He :. said he did not think there is a fire hydrant in the plant area, and this would not decrease the fire insurance, they are paying a low rate. Chief Hughes said he thought there would have to be a hydrant put on the corner of Main and Mississippi Street. Mayor Liebl asked Chief Hughes who he believed to be responsible for the installation of the hydrant and Chief Hughes said he felt the City should be responsible for this. He thought this was the City's responsibility because the existing hydrant was to be taken out because of the underpass. The City Engineer said the waiving of the stipulation would depend on how strongly the Fire Department feels there is a need for or the possibility of deleting the hydrant. Mr. Hughes said he thought the installation of the hydrant on Mississippi Street ' would be sufficient, He added, he did not see any problems with the Bus Garage as this would be a clean operation and the hydrant would not help Designware. f Mr. Roger Christenson said he had a plow and he would be able to keep the driVeway open and accessable to the building for the Fire Department. Mayor Liebl asked if Mr. Ghristenson would write a letter stating his agreement to this plan of plowing the access to the area. Mr. Christenson said he would submit a letter of agreement to this plowing., Mr. Hughes pointed out if in the future, the use of the Designware property would be changed to warehouse area, the City would have to re-evaluate the situation as this would be a hazard. The City Engineer said the requirement for the fire hydrant could be waived for the present time, with the stipulation that Mr. Christenson plow the drive way. 1 Mr. Nughes said Mr. Brink of Designware would haVe t� agree to allowing an easement area for the stacking of snow plowed from the driveway area of the Fridley Bus Garage. Mr. Brink indicated he would submit a letter to this effect to the City for the easement for the stacking of snow by Mr. Chr.istenson. ' � ' � � ' ' ' I�� ' Councilman Starwalt questioned why the stipulation had been made at the time the•permit was granted, when at the present time, it was beinq said that it was not needed. Mr. Hughes explained the operation of the business by Designware has cut down on the amount of paper being used in packing of roaterials. Mr. Brink explained by the utilization of the additional space, 80% of the packaging materials had been eliminated from the operation. Mr. Hughes asked Mr. Brink if there would be access to the property from the parking lot to the loading dock area and Mr. Brink said this would be no problem. Councilman Utter expressed the thought that the two people involved were decreasing their own amount of fire protection by the deletion of the hydrant from the plan. He stated, he would not want the property owners to come back to the Council and indicate the City had not given them proper fire pr.otection if their building would burn down. MOTION by Councilman Utter to waive the stipulation for the fire hydrant as requested by Designware Industries, Inc. Seconded by Councilman Breider. Mr. Hughes pointed out that the hydrant water is not always needed, the truck has a large supply. . . Councilman Utter questioned the access within the area where there were trees. He also pointed out that the operation of Designware could again be changed with the increased use of the packaging material. . Mayor Liebl indicated he had faith in the judgement of the Fire Chief and would recommend his suggestions be followed. Councilman Utter said he was not questioning the judgement of Chief Hughes, he would question the possibility of a change in operation of the two people concerned. . Mr. Brink explained the change in the operation would be less expensive than the other method previously used, and it was his intention to alleviate the added expense of the operation especially with the currently being constructed addition. , 204 PUBLIC HEARING MEETING OF NOVEMBER 12, 1973 PAGE 12 UPON A VOICE VOTE, all voting aye, Mayor Liebl declared the motion carried unanimously. CONSIDERATION OF ACQUISITION OF TAX FORFEIT PROPERTY BEING OFFERED FOR SALE: RIVERVIEW HEIGHTS, ANOKA COUNTY MINNESOTA: Block AA Parcel # 5740 5745 5750 5755 57 60 5765 5775 5820 5825 5835 5870 5900 5905 5910 � 5915 5920 Block BB Lot # 2 3 4 5 6 7 8&9 18 19 20 & 21 28 34 35 36 •37 38 Parcel # Lot # 6000 15 6005 16 6010 17 � 6015 18 � 6020 19 6030 20 & 21 6035 22 6045 23 & 24 6050 25 Block M Parcel # Lot # 3080 4,5,6,7, & 8 Block N 329C� U & 18 Block Z Parcel # Lot # • 5675 1 & 2 ' 5680 ' 3 ` 5685 4 5690 5 The City Engineer said the lots in question are in the Riverview Heiqhts area and if it is the intention of the Council, they could authorize the acquisition of the lots. Councilman Breider said the price for the lots would be $13.30 per lot or a total of $545.30. He asked if this would be 41 lots and the City Engineer said yes. MOTION by Councilman Nee to authorize the City of Fridley to acquire the 41 tax forfeit lots aforementioned. Seconded by Councilman Starwalt. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. The City Engineer said the City would be paying more for the lots with the amount of the assessments that would be due on the property. , � _ ;. ; ! . ; � , � PUBLIC HEARING MEETING OF NOVEMBER 12, 1973 205 , PAGE 13 APPROVAL OF LE7TER TO CIV.IC ORGANIZATIONS REGARDING FRIDLEY SI��/ER JUBILEE: Mayor Liebl indicated if the Council approved the sending of the letter; he ' would like the members to sign it at the present time, ; MOTION by Councilman Utter to concur with the recommendation of the Administration and approve the sending of the letter regarding the Silver Jubilee to the various civic organizations. Seconded by Councilman Starwalt. Councilman Utter questioned if the sending of this letter would cause confusion because the Chamber of Commerce had already sent a letter concering the Jubilee. UPON A VOICE VOTE, all voting aye, Mayor Liebl declared the motion carried unanimously. RECEIVING THE MINUTES OF TNE PLANNING COMMISSION MEETING OF NOVEMBER 7; 1973: MOTION by Councilman Utter to recieve the Minutes of the Planning Corr�nission Meeting of November 7, 1973. Seconded by Councilman Breider. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. RECEIVING THE MINUTES OF THE BUILDING STANDARDS DESIGN CONTROL SUBCOMMITTEE E TI G 0 E! BE 8; 973: ' CONSIDERATION OF REQUEST TO CONSTRUCT A NEW BUILDING FOR SPECULATIVE PURPOSES LOCATED ON PART OF LOT 2, BLOCK 4, COMMERCE PARK: THE SAME BEING 100 OSBORNE ROAD N. E., FRIDLEY, MINNESOTA 55432 RE UEST BY ACHM N CORPORATION, 515 NORTH 87, M H, NEBRASKA 6812 : The City Engineer explained to the Council that the proposed construction � would be behind Gazda Moving. Councilman Breider questioned the type of building materials to be used in the construction. The City Engineer pointed out the proposed construction on the plan on the easel and said there would be stone panels with cedar wood. He continued saying the building would be stone on the north and metal on the south. Mayor Liebl asked the applicant if he would go along with the seven stipulations of the Building Standard Design Control Subcominittee and the representative of the Company agreed to the execution of the stipulations. MOTION by Councilman Breider to concur with the recommendations of the Building Standards Design Control Subcommittee and approve the construction with the seven stipulations recommended. Seconded by Gouncilman Utter. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. CONSIDERATION Of A REQUEST TO CONSTRUCT AN ADDITION TO THE PRESENT BUILDING F R WAREHOUSE PURPOSES, LOCATED ON LO7 , BLOCK 4, COP1h�1ERCE PARK: TNE SAME BEING 7580 COM�4ERCE LANE N. E., FRIDLEY, MINNESOTA 55432. REQUEST BY F r MOTION by Councilman Breider to concur with the recommendations of the Building Standards Design Control Subcommittee and approve the request for the construction with the three stipulations recommended by the Subconmittee. Seconded by Councilman Utter. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. , � CONSIDERATION OF A REQUEST TO CONSTRUCT AN ADDITION TO THE PRESENT BUILDING EPRPOSE F AUAC I,-J E SEAP OFC S, P RCELS 730 AND 1790 AUDITOR'S SUaDIVISION N0. 78; THE SAME QEING 5930 The City Engineer said the Building Standards Design Control Subcommittee had recommended approval of the request with some stipulations. E ' zo� , ' � � � � ' ' � � � ' , ' , ' ' � � 0 PUBLIC HEARING MEETING OF NOVEMBER 12, 1973 PAGE 14 A representative of Simer Pump addressed the Council and said he would agree with all of the stipulations with the exception of Number 5 which : concerns the driveway. He explained the driveway was"a portion of 6oth lots and has been for the past 12 years. He said he would have no objections to this stipulation, but it would force the other company to construct their own driveway instead of using the mutual easement. _ I The City Engineer said it would be his recommendation to approve the request and delete the fifth stipulation, with the intention that the applicant and � the City would work out this point. MOTION by Councilman Nee to concur with the recommendations of the Building Standards Design Control Subcommittee and their stipulations with the exception of the fifth, indicating the appl:icant will work with the Engineering Department for the satisfactory solution to the placement of the driveway. Seconded by Councilman Starvaalt. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. CONSIDERATION OF A REQUEST TO CONSTRUCT AN ADDITION TO THE PRESEN7TBUILDING ., rrclu��i p I'111YIV�-JV�n ....��. �•.-�---- - � orrru cTDCCT �t G FRill{ FY_ t4TNNE$OT 55432): The City Engineer said'the approval of the request would further the steps to clean up the area of Beech Street. Councilman Breider asked if the applicant was the owner of the two buildings to be joined in the proposed construction, and the City Engineer said yes. Mayor Liebl said there were five stipulations recommended by the Building Standards Design Control Subcommittee. Mayor Liebl read aloud the five stipulations and asked the representative of the company if he objected to any of them.and the representative indicated he had no objections. The City Engineer explained to the Council that there vrould be some variances needed also, for this construction. The City Enginer said the Council could approve the variance with the condition that the applicant obtain letters from the adjoining properties to the sides. Councilman Breider said he would have no objections to this approval at the present meeting. MOTION by Councilman Breider to grant the request for the proposed con5truction as recommended by the Building Standards Design Control Subcommittee with their stipulations and also approve the granting of the variance in the back yard setback with the stipulation that the applicant obtain letters of agreement to the granting of the variance from the two property owners abutting 7755 Beech Street on the sides. Seconded by Councilman Utter. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. CONSIDERATION OF A REQUEST TO CONSTRUCT AN ADDITION TO THE PRESENTTSTRUCTURE 55421. (REQUE The City Engineer said this would be a small addition to the Railroad Accessories Building. • � MOTION by Councilman Nee to concur with the recommendations of the Building Standards Design Control Subcommittee and approve the construction of the addition with the stipulations recommended by the Subcommittee. Seconded ' by Councilman Starwalt. Upon a v.oice vote, all voting aye, Mayor Liebl ' declared the motion carried unanimously. CONSIDERATION OF A REQUEST TO CONSTRUCT AN ADDITIOiV TO THE PRESENT PTRUCTURE S E � S � 3 I S E ., '� $ C P, 5 2 S REE , � � .� A ' ' � ' � , , � ' ' ' � ' , ' 207 PUBLIC HEARING MEETING OF NOVEMBER 12, 1973 PAGE 15 MOTION by Councilman Nee to approve the request for the construction by Midland Coop as recommended by the Building Standards Des'ign Control Subcommittee with �he three stipulations. Seconded by Councilman Starwalt. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously CONSIDERATION OF A REQUEST TO CONSTRUCT GARAGES TO BE USED BY THE APARTMENT /J111 l�YLI�VL .) - MOTION by Councilman Breider to approve the request for the construction of.garages to be used by apartment dwellers as recommended by the Building Standards Design Control Subcommittee vaith their recom�nended stipulation that if additional parking space is needed, it will be provided. Seconded by Councilman Utter. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. MOTION by Counci1man Utter to receive the minutes of the Building Standards Design Control Subcommittee Meeting of November 8, 1973. Seconded by Councilman Starwalt. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. ' ESTIMATES: Smith, Juster, Feikema, Haskvitz & Casserly Builders Exchange Building Minneapolis, Minnesota 55402 Research and Preparation for Litigation, g01.63 Police Pension Relief Associtation vs. PERA $ Carl Newquist Smith, Juster, Feikema, Haskvitz & Casserly Builders Exchange Building Minneapolis, Minnesota 55402 Services Rendered as Prosecutor for October, . � �,�00.00 1973 Southside Plumbing and Heating 509 lst Avenue N. E. Minneapolis, Minnesota Mechanical Work on Fridley Liquor Store _ for period.from 11/15/72 to .8/27/73 $21,615.30 MOTION by Councilman Nee to approve the Estimates. Seconded by Councilman Starwalt. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. RESOLUTION #150-1973 - TO ADVERTISE FOR BIDS FOR PACKAGE PROPERTY AND CASUAL7Y rn�ciionNrG � . MOTION by Councilman Nee to adopt Resolution #150-1973, to advertise for bids for Package Property and Casualty Insurance. Seconded by Councilman Utter. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. CONSIDERATION Of GIVING TIME OFF TO CITY EMPLOYEES AROUND THANKSGIVING DAY: Mayor Liebl asked if this has been the policy of the City in the past. The Acting City Manager said it had not been done in the past, but a number of the City employees had planned to take the day off on vacation time. The Acting City Manager said he would recommend the. Council approve allowing the City employees the day off as this would create good will. MOTION by Councilman Utter to approve allowing the City employees to have a holiday. on November 23, 1973 indicating this would not set a precedent. (An amendment to this motion was made at the November 19, 1973 Council meeting which indicated and defined the City employees to be those working a 40 hour work � , � ' � , ' , , ' , I � � 208 PUBLIC HEARING MEETING Of NOVEMBER l2, 1973 PAGE 16 week. This motion was made by Counci1man Breider, Seconded by Councilman Starwalt with Mayor Liebl, Councilman Nee, Councilman Breider, and Councilman Starwalt, voting aye, and Councilman Utter voting aye.) Seconded by Councilman Breider. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. CONSIDERATION OF APPROVING TAX FORFEIT LO7S FOR SALE: _ Mayor Liebl read through the list of recommendations from the Administration. After discussion of the individual items and their probable or unprable need . for acquisition, the Council agreed that the City should purchase the following parcels at the appraised value set by the County Commissioners: Parcel #60 Auditor's Subdivision No. 94, Part of Lot 1 Parcel #6000 Auditor's Subdivision No. 94, Part of Lot 5 Parcel #1180, Spring Valley, Lot 10, Block 2 Parcel #1260, Spring Valley, Lot 12, Block 2 Parcel #1340,Spring Valley, Lot 14, Block 2 The Council agreed to acquire easement over a portion of the following parcels for streets and utilities: Parcel #2100, Auditor's Subdivision No. 129, Lot 30 Parcel #2890, Fridley Park, Lots 1, 2, & 3, Block 15 The Council consensus wa's to hold the following parcels: Parcel #720, Auditor's Subdivision No. 129, Westerly 21 feet of Lot 11 Parcel #2890, fridley Park, Lots 1, 2, & 3, Block 15 MOTION by Councilman Utter to concur in the aforementioned parcels and recommendations from the Administration. 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, Mayor Liebl declared the motion carried unanimously and the Public Hearing Meeting of the Fridley City Council of November 12, 1973 adjourned at 11:59 p.m. Respectfully submitted, �G„�i.r,a,.�a.� ��""�" , Patricia Ellis Secretary to the City Council ; ate Approve � I Frank G. Liebl, Mayor 0 � � ' , , 0 � � ' ' , ' � � . ' �� ' , �' ' ' � � �'�; � i; ; �� , ; THE MINUTES OF THE REGULAR COUNCIL MEETING OF NOVEMBER 19, 1973 �fii . t: ' �. � t' '� : ;: �< �' ,.: � . ��; � :, �; ;;; i i � � � 209 0 THE MINUTES OF TNE REGULAR MEETIN6 OF THE FRIDLEY CITY COUNCIL OF NOVEMBER 19, 1973 The Regular Meeting of the Fridley City Council was called to order ai 7:39 p.m., November 19, 1973 by Mayor Liebl. , PLEDGE OF ALLEGIANCE: Mayor Liebl led the Council and the audience in saying the Piedge of Aliegiance to the Flag. . INVOCATION: The Invocation was offered by Mayor Liebl., ROLL CALL: MEMBERS PRESENT: Mayor Liebl, Councilman Utter, Councilman Nee, Counc�lman Sreider, 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 Fridley 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, ]973: MOTION 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, a71 voting aye,• Mayor Liebl declared the motion carried unanimously. RECEIVING THE CHECK FROM MAYOR LIEBL FOR $173.36 FOR MRS. LIEBL'S PLANE FARE TO SAN JUAN: 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,Juan. Seconded by Counci]man 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 Gouncil and there was no response. OLD BUSINESS: DISCUSSION REGARDING fENCE fOR SKYLINE PARK (TABLED NOVEMBER 5, 1973): Councilman Nee asked if there would be a question in the construction of the � ' , ; M � � � � � 210 � REGULAR COUNCIL MEETING OF NOVEMBER 19, 1973 a PAGE 2 fencing. He thought the property owner would need some protection. Ne � questioned the height of the fencing stating he could not deter.mine 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 install 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 hi"s views and request at the recent Parks and Recreation Commission 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 Counci.lman 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 DOtJATION OF SCHOOL'BUS TO THE CITY OF FRIDLEY BY THE FRIDLEY JAYCEES TABLED NOVEh1QER 5, 973 : Mayor Liebl said the matter had been tabled for the allowance of additiona7 input from Mr. Brown, Director of Parks and Recreation arid 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 Jaycess. � Councilman Utter said he would have to go along with the feelings of Councilman Starwalt. He said he would be reluctant to t;��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 shuttling 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. Councilman Utter said he would like to think about the matter more before any determination is made. Mr. Kukowski said this idea had originally come 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. D1r. Kukowski said the organization would not have to donate the bus, there may be another method of serving the same purpose. ' Mr. Kukowski said it was the recommendation of Mr. Brown.who indicated this bus donation would be the best possible method of doing something for the City of Fridley. He pointed out the organization had been workinq 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 �hought had changed to provide a bus that was 1 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 Lieb] asked Mr. Kukowski if he ' was in a position to provide a new bus to the City. Mr. Kukowski said he would not speak for the organization without talking the matter over with them, but he thought this may be possible. � .� ' --^ - � � u 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 irt the cars. He indicated this was unnecessary travel if the parents were attending the games and the members of the teams were being bused. He questioned the need for the additional creation of iiability 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 Commission. 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 sh9uld be reviewed by the Parks Commission to evaluata the questions and doubts. He said he would suggest this matter be tabled until March or until the recommendations of the Parks and Recreation Cormiission 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. CONSIDERATION Of FIRST READING OF AN ORDINANCE DESIGNATINGrCREEKMAND R��RRnF Counciiman 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 routine maintenance on the residential homes in the City. � L� � ! , l� � 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. Ne 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 Department 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, Liebl, Utter, and Nee voting aye, Mayor Liebl declared the motion carried unanimously-. ING COMP4UNICATIONS FROh1 HOMEOWNERS AT^6490, 6470, AND 6454 RIVERVI MOTION by Councilman Utter to receive the communication from Mr. Elmer M. Johnson, 6490 Riverview Terrace, PAr. 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 waive the connection, this would have to be up to the Metro Sewer Board. He explained the ' — -- — - 212 � � � i � � � l � � � � � � 0 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 Metto 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 said 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 faci.lity. The City Engineer said the property belonging to Mr. Johnson was by far the larger than the requirement 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 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 declared the motion carried unanimously. RECEIVING THE MINUTES OF THE BOARD OF APPEALS MEETING OF NOVEM[iER 13, 1973: . A REQUEST FOR VARIANCES OF SECTION 45.053, 4A,TFRIDLEYrCITYnCODEc�fOTRNDUC� NG 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 unanimously. A REQUES7 FOR A VARIANCE OF SECTION 45.154, 3, FRIDLEY CITY CODE, TO INCREASE, __ _.. __... ., .,ti ��„�� rrc-r n FFF T A L d 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. Councllman 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 t� pay the full cost. � 0 � REGULAR COUNCIL MEETING OF NOVEMBER 19, 1973 PAGE 5 213 MOTION by Councilman Starwalt to approve the variance to allow the construction of the eight foot fence at the expense of the property owner. Seconded by Councilman Utter. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimous7y. A REOUEST FOR A VARIANCE OF SECTION 45.073, lA, FRIDLEY_CITY CODE, TO REDUCE -30, R- .,. 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 CITY CODE, TO 0 DING DOCK T QE C ED IN THE FR NT YARD OF N 1ND STR- IAL— RnTi nrNr, Tn RF i nr.ATro oN LoTS 5. 6. AND 7, BLOCK 1, ONAI�lAY ADDITION, THE The City fngineer explained this request was for the construction of a loading dock and the Board of Appeals had recommended the approval of the request. He added, the area would'be screened. MOTION by Councilman Breider 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. A REQUEST FOR VARIANCES OF SECTION_45.134, 3A, FRIDLEY CITY CODE TO'INCREASE THE SAME BEING 7733 - 7735 BEECH STREET AND 7753 - 7�55 BEECH 51Rttl N. t., FRIDLEY, MINNESOTA. REQUEST BY ASSURANCE f�1ANUFACTURING, 7753 BEECH S7REET N. E., FRIDLEY, MINNESOTA. : - The City Engineer said this va•riance would bring the construction of the building in line with the property next to it. MOTION by Counci7man 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 m�tion carried unGnimously. MOTION by Councilman Breider to receive the minutes of the Board of Appeals Meeting of November ]3, ]973. Seconded by Councilman Utter. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. RECEIVING THE MINUTES OF THE ENVIRONMENTAL UALITY 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 received. He advised the Council that Minn-Kot� 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: 1 � 214 REGULAR COUNCIL MEETING OF NOVEMBER 79, 1973 Orvedahl Construction, Inc: 7711 Country Club Drive 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 Northda7e 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 55iO4 Bicon Construction Co., Inc. 1935 West County Road B2 St. Paul, Minnesota 55113 $ 382,206,00 No Bid 446,554.25 No Bid No Bid 401,984.00 660,OQO.QO No Bid No Bid 474,556.00 No Bid No Bid 37],784.55 465,000.00 537,267.50 429,804.20 No Bid PAGE 6 ; '� .' , � � 0 REGULAR COUNCIL MEETING OF NOVEMBER 19, 1973 PAGE 7 �1� Morettini Construction Co. No Bid - 852 Westminster - - , _ St. Pau1, Minnesota 55]Ol Kamar, Inc. No Bid 330 Territorial Road N. E. Minneapolis, Minnesota 55434 Widmer Bros., Inc. 413,303.30 P. 0. Box 235 Spring Park, Minnesota 55384 Minn-Kota ExcaJating, Inc. 328,848.95 34Q1 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 unariimously. ' � MOTION by Councilman Breider to award the contract for SS&SW #114 io 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 Gonstruction Company who voiced objection to the awarding of the contract to P1inn-Kota Excavating. He said the representative had said he would be at the preseni meeting and Mr. Gibbs wanted it a matter of record that he was not present. UPON A VOICE VOTE, all voting aye, Mayor Lieb7 declared the motion carried unanimously. � CONSIDERATION OF ACCEPTANCE OF OUTL07 I,GREAT NORTHERN INDUSTRIAL PARK-FRIDLEY, FOR STREET PURPOSES: MOTION by Councilman Nee to accept Outlot l, 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 volunteers to the Fire Department. Seconded by Councilman Breider. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. RESOLUTION #151-1973 - WITHDRAWING A PORTION OF THE SPECIAL ASSESSMENT ON PARCEL . . _ "-_ _-_.._.,.- ..i..i.i.-nrrn�� 11CC['CCR,iC�IT MOTION by Councilman Breider to approve the withdrawing a portior of the special assessment on Parcel 2340, Auditor's Subdivision No, �3, under the 1973 Service Connection Assessment Roll and adopted by Resolution #131-1973. Seconded by Councilman Utter. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. RESOLUTION �152-1973 - WITNDRAWING A PORTION OF THE SPECIAL ASSESSMENT ON TRACT F eFr,i�TFRFn LAPdD SURVEY N0. 3, UNDER THE 1973 SERVICE CONNECTION ASSESSMENT 1973: ' MOTION 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. � � 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. , . APPOINTMEN7: CITY EMPLOYEE: NAME POSITION SALARY EFFECTIYE DATE 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 carried unanimously. CLAIMS: GENERAL 33740 - 33865 LIQUOR 8353 - 8405 MOTIOfJ by Councilman Breider to approve the claims. Seconded by Councilman Utter. Upon a voice vote, all voting aye, Mayor Liebl dec1ared the motion carried Gnanimously. 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 PllBLIC DAfVCE Shorewood Inn William A. Nicklow Public Safety 25.00 6161 Highway 65 Director Fridley, Minnesota �SERVICE STATION Hudson Oil Co. of Ralpfi 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 � Deposit) Fridley, Minnesota � Fridley Dairy Queen Ernest L. fitch Deputy Fire Chief 25.00 280 Mississippi Street (100.00 Fridley, Minnesota . Deposit) Central Frost Top Sherman Hanson Deputy Fire Chief 25.00 7699 Viron Rbad (100.00 Fridley, Minnesota • Deposit) 0 REGULAR COUNC.IL MEETING OF NOVEMBER 19, 1973 PAGE 9 21? CHRISTMAS 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.OQ 755 53rd Avenue N. E. Nursery (100.00 Fridley, Minneso�a Deposit) FOOD ESTABLISHMENT 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 55117 GENERAL CONTRACTOR Camp Construction Gompany William D. Camp C. Belisle 25.00 6280 University Avenue N. �. Fridley, Minnesota 55432 H. & R. Builders 6402 42nd Avenue North Crystal, Minnesota 55427 Harrold Warren C. Belisle 25.00 Walburg Quilders, Inc. Walter Walburg C. Belisle 25.00 1323 Skywood Lane N. E. Fridley, Minnesota ' 55427 HEATING A. Binder & Son Incorporated 120 East Butler West St. Paul, Minnesota 55118 Dick Binder W. Sandin 25.�J0 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. 25.00 Minneapolis, Minnesota 55421� James Jackson C. Belisle 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 UEST FOR WAIVER OF POLICY 31 REVIEW TO METRO COUNCIL REGARDING THE ISLANDS OF PEACE APPLI TIO F R AWCO FU S: 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. Upon 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. , �s> � '� � 218 1 � � i � , . REGULAR COUNCIL MEE7ING OF NOVEMBER l9, 1973 PAGE 10 REQUEST FOR WAIVER OF PART OF $800 STORM SEWER ESCROW ON LOTS 10 AND 11, BLOCK 1, RICE CREEK SCHO ADDITION: MOTION by Councilman Starwalt to waiver a part of the $800 escrow requirement for Lots l0 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. CONuMUNICATIONS: LETTER OF THANK YOU FROM CITY EMPLOYEES TO THE CITY COUNCIL FOR GIVING THE DAY AfTER THANKSGIUING OFF AS A HOLIDAY: MOTION by Councilman Breider to receive the letter from the City employees. Seconded by Councilman Utter. Upon a voice vote, all voting aye, Mayor Lieb7 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 372 hour work week in lieu of holiday pay. This, in effect, gave the PoTice 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 Councilm�n 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 dauble time. MAYOR LIEBL DECLARED THE 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 Counci1man Starwalt, Councilman Utter said he had made the original motion and he intended all City � employees to have the day off. Councilman 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 they are entitled to. He said the point was raised that the people working in City Hall should be rewarded for qood 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. Councilman 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 � . paironizing to the members of the Council for 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 municipal operations, there are a very ]imited 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. He 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 .� . _ . . 2�� REGULAR COUNCIL MEETING Of NOVEMBER 19, 1973 PAGE �� Councilman Nee suggested the days be given back to the employee5 as a matter of policy. The Acting City Manager said this.optional holiday 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 declared the motion carried. RESOLU7ION #153-1973 - AUTHORIZING THE PURCHASE OF TAX FORFEIT PARCELS AT PPRAISED 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 Counci7man Utter. 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 9:12 p.m., November 19, 1973. Respectfully submitted, ��eJ L� Patricia Ellis Frank G. Liebl, Mayor Secretary to the City Council � ate Approved. 0 � f , 0 ��i , . � � . , � , � 1 ' � OFFICIAL NOTICE • CITY OF FRIDLEY � ' '. PUBLIC HEARING � BEFORE TIiE CITY COUNCIL � � TO WHOM IT MAY CONCERN: � Notice is hereby given that there will be a Public - Hearing of the City Council of the City of Eridley in the City Ha l l at G 4 3 1 University Avenue Nor t heas t on Decem be r 10, 1973 in the Cauncil Chamber at 7:30 P.M. for.the purpose j� o�: Vacation request, SAV 73-11, by Allen Zeis, I. of a street .and alley as follows•: � To vacate Hickory Street located between Block 3 ,. and Block �, Onaway Addition and � To vacate a11ey adjacent to and West of Block 4, , Onaway Addii.ion, All lying in the Southeast Quarter of Section 3, T-30, R-2�, City of Fridley,.County of Anoka, ' Minnesota. Generally located between 78�.h.Avenue and 79th � Avenue between Beech.Street and the railroad . tracks. � Anyone desiring to.be heard with reference to the above � matter will be h�ard at this meeting. , . .. • K . LIEBL . FRAN G ' ' MAYOR . � � . Publish: November 21., 1973 • � 1 November 28, 1973 ' . � 1 �� . 1 �. � � . 1 � - � . �� 0 Pl�nninq .Commission Meeti - Nov�mber 21, 1973 Paqe 2 � �-----�--•-, l. V1ICATTON REQUPST: SAVr°t�73�-1�:, BY ALLAN ZEIS; Vacate Hickory Street, betweerr--Bl-oeks 3 and 4, Onaway Addition, between 7IIth and 79th Aver�ue N.E., and v�cate alley adjacent to, and West of Block 4, Onaway Addition, to allow construction of two speculative warehouses. Mr. Allan Zeis was present. la h10TTON by B1air, secor_ded by Lindblad, that �he Planning • Commission receive the letter from the I�Jinneapo.Zis Gas Cornpany � dated November 20, 1973 in regard to th_is vacation request. Upon a voice vote, a11 voting aye, the motion car_ried unaiiimously. � � , , LJ ' � C� � � ' , � � Mr. Drigans said this letter states that Minnegasco has an existing 24�� gas line located on ap}?roximately the center line of the alley �he petitioner is as3;i_ng to vacate. They object to the vacation of this alley unless a private easement is grani�ed Minnegasco, over its entire width and length, by the subsequent owner prior to its actual vacation. � � Mr. Zeis said he has had ��:ele�hone contact with D2inn�gasco and he is agreeable to granting this easement. He said there were a].r_eac3y several eascments in this alley. Mr. Boar_dman said the buildinc�� could be built up i�o the easemeni� line . � Mr. Lindblad asked ttie purpose of vacatinq this alley. Mr. Boardman said that although i�L could not be built upon, it coul.d be used for square footage for the building site. Mr. Zeis said the utility companies were concerned about the fencing of this area and they wanted to ensure that they woul.d have access if it was needed. Mr. Drigans asked where the buildings would be located in this proposal. Mr. 7eis said one building would face 79th and one would face 78th with a common loadinq area. He explained how the buildings would be buil-� so as not to encroach on the easement area. � Mr. D2igans asked if there wou.ld be any variances needed. Mr. Boardman said there would not be any requests for variances. Mr. Drigans asked Mr. Zeis de-sac at the end of 78th Avenue. Boardman said 79th would be just turn around until it was decided railroad tracks or not. if he was agreeable to a cul- Mr,. Zeis sa�id he was. Mr. a straight road with a temporary if 79th was going to cross the � ' Plann.i.nc� Coinitl%�^sion�t�lceting - Novernl�cr 21 � 1B 1973 Pacte 3 Mr. }3oa�'dmari ;aid that l,y vacati�lg Iiickory. Str_eet this wi_11 ma}:c ihis ar_ea a bui]_u��bl_c :�i_te. A1r. Li.nciblad asl:c�d h��a rnuch tl�e alZey in i31oe}c 3, Or.a��ray ' 1�c7diti_on, �c_oulcl h�zvc to be �•�icicilcd. Mr_ . J3oar_cim�in �saa.d it. �•roulc� have �:o b�� ide enot�c;h �o�� truck traffic so i_t would ii�ve to be at 1easL 30 feet �-�ide. � � 1. . � � � , I�r. Zeis sa:i.c� }zc ttlouc�}1i: his Pro}�os�cl �•�as suitab]_e for i�he ar_ ca . :L"t J-l.ir}:o�-y Strc�ct �•��:>ri ` t: v��c�iteci, i�f: �•�oulcl lca�Te a wedc�e tha� �-�ou.ld b�� unt�ui_J_uaJ�lc. • 1�9D1'.TOI�' hi� L.i.r,dbl�i.d, sec.onded hy I31air, t.hat: �l�e P_Zann.zng Corrrn.iss_io�i z�cco;rt�r�cltd to Cvur�cJ..l a�>pJ�ov��J of v�ic�i:io17 z�equest, STV i'73-.Z.Z, 1>�� Ti.Z1<�,� Zcz.<.z, t-o v�ccite Hicko.z�y Sf:reet, 1�et�:�ecn BI_ac�;s 3 al�d 4, Ona::�� 7idci.i f-.i.o1�, betweeii 7�L-?� ��na' 7�ih �Ive��ue 1J.1;. ; ar��l v�tc.��te a.Z.Zcy ac1.j��cer�t ta, and lr�st o.i �].oc�: 4, On�i,•�� 11dds.l-zorl, t_a �LI]oi:� co1l.,tr.uctioli of t�r�o specillat�.ve t,�arel�ouses, �•riih tl�e fol.Jor•:�inq stipu.ZaL_ians: (_i) Sub_ject to thc, reLc�ni:i.on, of L-11e ut.�.Zit� easeme��ts _in th.is �a1Ze�. i7� (3) Cons_i�irr.at.ioi� being gi��en to w_ideninf thc a.1le� .Zoc�i:ed in 1.3.Zock 3, Onawut1 I�ddiiiol�. A 1.?.0 foet z�adius_ cul-dc-sac be locatc�c3 at the end of 78t1� Avenue N.L•'. ' (4) Prov.zde a. teri�porarz1 cu.)_Tde-sac at i�he enci of 79th Avenue N.F, - . /� ��, c��G.� ��. " ��l-.azT`"��`.r"° � _'C �c'�-� f `-C C':-G-x�,t �✓ .ic "" L � `I �-W-r.� ./A:,'1��.�-��„ / (�I �('hc� ��e�.it.zone.r�c�.at��.in a lcttel• of ag.r�ernent i,�it« i�lle 11_inize��o1 is Gas Coznpa��i� �1.Zor�i�� `. g .�3 I�ritTai�e case�:lent. c�� -n, Upon a voir_e votc, aZJ. voti��g a�e, the mot.ion cazried unanirnousl�, 2. PUi�T�:fC IIE�1:11�'G: COI;SID ��:'1TTOi�.T OI' T� PT:nPOSF,D PRT,T.�IP•�_ 111I:� Z'� ' l?T,Il`�', I' S_. ;r /3 0�)�, l;`L'--��",1�;--1'AL?�, CO�:i'U12i�`i�T�)I?: }�c�i.ng �z i_c�j�:L�lt o� tlic. 1,<�.�>t I1a t,i o� i�i1c P�Toz tlz�,,�es � Qu<zr�f.c�r o� LI1� Sout�.lz��, es � �t��. �ea_ o� Sc,cL-i_on 14, T.-30, R-2�, C:i_ty of 3�`.r_id�ey, Couiii�y of_ ��,r�ol,a, i-Ii_iiizc,so�.��; ��;i-L-li ex_ccpt_ions. (T'ormerly P.ciciel. propez .i�1r. �udo)_ph Dar�Lc� �,�as 1�.r.ese�nt. . - r 1�10TI'011 .t>� vla.zr, �econded 'bt) L_indl�lc:d, i:hat ihe Pl.anr�.incr Co�nm,.iss_zon �ti��ivc the rc�c,�:n<t of the Pub_lir. Ife�.ril:y on Lhc �>>�oposcci pre.1_i.iti.i.n�tr�� .i�it:, Y.5. �'73-09, l�y L-3�t> Nr:i1.1 Coi•J�ol�<ii:.zvti. Upo» t2 vaicc vote, a,21 t�ot:ir�q �� ilt�' mvl.ion c��rricd 11J1cT)]1)ROCIS1y. �1r. 1)antc� ��;_idi 11e�� h�ive clY��i�cjecl t=11e cti.l.•-dc-sac sil �� ' 1C�. they t•rc��.c� �lt �Llic� Pl�zts F� Sul�c3:iv:i..;iori;-SL-r_eci�s & titi_litic; Su}�- ��UitUil:t.{'.i'.C`_l"'- ]?1CC�:.I.J"1cJ. `.��1L cul_.cic�--s�:C IC)clC� 1n':1S Of'� O� �f_11 .S�i:l:f`C�� '�nr3 noti-; it: i�; o.0 f I�li �:,i �:s:i p��.i_ S trcet:. TIe s;.�i.cl the�_ c h��vi� 1>t,E�ii o1,jc�ci.:i.ori:> raisecl i:o p�iz:l;iric� on AIi_ss:i_;;:�i.1�l�i btit: t•�i:t}1 � tl�.is p_1.�� , � , November 29, 1973 Darrel Clark Ci ty of' F'ri dley 6�+31 University Avenue Td.E. Fridley, Minnesota 55�+32 RE: SAV 73-11 , �. 1C � . :, ...�.. � MINNEGASCO tTlinrzeapolls Gas CompanU M 1 N N E A P O L I S, M 1 N N E S O T A 5 5 4 O 2 Dear Mr Claxk Since we have now received a suitable easement from Mr Zeis covering our�existing facilities, we herein withdraw our objection to the vacation of the alley adjacent to and west of Block �+, Onaway Addition. Sincerely � � � �_.. ,� � � .' . t•� ✓,� ��,�.�.�' `;.,��,�y�..�-----'�' r� Willia.m R Schram St andards Department WRS : kg. . • cc: Allan Zeis , � _ . � � �� : _..�- t __j�. . � � � ( . _. - = i . ,, � �� ,, ' . J! _ _.._.._-.� "�a � '-: . :. :.� «, <` �. � .5. � �9 �. :'A.L.��'' � ��--, , . � i :��' w � � �iI ' ; :.�1 �� j �� S�-`:3'. f ;� �� i "•�' �r::l - .,.r,:- ' �'. T ? 't e � . 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TO 6�1F3C1r1 IT .MAY CONCERN: ' OFPICI�L NOTTCE CITX Or I P.IDLLY PUBLI�C HEARTNG BEFOR}=; TIIE CITY COUT7CIL Not�i_ce is hc�-eby gi.ven that ther-e ��i_]_1 be a Public Hearing � of the City Council of th� Cii�y a.f Fridley i�i th� City Ha11 at 6431 Universi-ty �'�vcnue Nortneast on ��onday, Decemb�r 10, 1973 'in the Council Chamber ai 7:30 P.1`�. for the purpose of: Cc�nsi_deration of a 1,in�1 Pla�c, P.S. �73-09, by The t��a11 Carporat:i.ora , beinq a��eplat of the East Ha).f of tl�e Northe<zsi �uarter of the Sauth�-�est Quart�r oi Sec�iori 14, T-30, R-24, City of Fridley; County of 1�rzol;a, 2-lin.��esota, excc�pt= the South One Hundred Eic;hty-fi.ve (]_85.0) Feei: tl�ereof, except the fol lo�ai_nc� par. cels : Par_ cel A: 1�11 tha� par. t �:L- the L._ � o:C -tl�.� E. '2 of the S. G•�. a of Sectioi� lr� ,��ownship 30 , Rang� 24 , Ano?ca Caunty, P�7innesota, d`sc, ibed �s b��ginning at the NoiV. Corner thereof, then.cc� Ea.s�l: alonq the North I.zne of s�..i_ci Soz�tliG•��st Quarter a distance of 214 f_eet, t�h�nce Soui l�i and paralJ_e1 wi-L-h the Wes� line of s��ici I�ast 1 of thc, Eas� 2 of i�he South- west �uur_ �ter for a distai�ce uf 153 feet, thence ��e�;t par. alle_l wit.h said Nortiz la_ne for a dis tance of $1 feet; .thence South and'para_llel with said ��lest line for a distance of 215 feet; tl�ience l��st �nd parallel wi-�h s��id North l:i_nc. for �. distance ot 130 fe�t to said ��Jc�st line; then Nor�h alonc� ��7est said linc> a disi�az�ce of 36f3 f�et to the poin� of beginning. Subj�ct to eascments for stre�t purposes c�ver the Nort}� 33 f��t and tYi� �Vest 30 feet th�reoL. �arcel I3:� �1� permanent casc�ment for street,. sanitary � se�•�er and ut:ili�y purposes over a part of th� following descr�_bed pa�:cel : `1'll��t p�ii G o�f tl�ic Last ', of the �asi� '-2 ofi tlic. Soiil�.h��.��st Qua.rLer ai Scctioi: �� that 1ic�s b� L-��e�,li t_Ii� ]_:��; L- 40 Leet: tllerco� and the f_ollo�•aii�g descrived l.i.nc; l�c>qi�ii�inq at a po_i:r�t on the �otitli right of �a��y line of T�iississi�pi. Si�rc�et locai�ed £33.53 ieet �Jest oi� thc T;a:;t. 1in�� oL- s�-�ic:1 ��>> cel , t}ience Sou t.h parallel to t-he East li�ic of said paLCel a disLznce o% 51 fect, thence on a t�iilgeiiti�-�l curve i.o the lc:f.t wii�h a d�1ta angle oL- 1G dec�rc�e.s 1£� feet dec�.rce of cti�-vc of 10.3� dee�rees zincl �l racli.u_� of 551 feet foi a di�; �ance of 157.03 fe�t�, i�hencc Southcrly i_n a sl.r�iighL- line tancJeni: � :� � � � � �� P.S. if73-O�, �Va�l Corpor��L-�.on Page 2 , s � to las.t described curve, a distaiir,e of 57 feet, thence on a t�nc�ential cur_ve i.o ��lle ri_ght: with a del�a angle of. 16 degrees 1£? feei� degree curve 11.06 degrees and �? radius of 490.25 fc�et a distance of- approximai�ely 45 fce� io a point o:E intersection caith a line C�1"1W21 paral.lel L-o anci �0 �eet �ti�est of the East line cf- said T�zsi� z o:C � the 'Sourh��est Quarter of Sec-�ion, thencc. tcr_miriating, a11 lying in the City of . I'ridley, County of Ano}�a. 2A Parce._l C,: I�n eas.e�,enc for sewer, water and public utili-(:y purposes in and over �he followinq described parcel; to-��ait st.artinc� at the c.entcr_.line of I•-Iississippi St.rcet on th� East line of t:}ze Soui�li�vest Quarter o:f Section 1��, T-30, R-24; then_ce South 33 Fc�et to the South line o:E l�Iississippi Street to the actual po � nt oi begir�nii�g; thcnce coritinue Soutll on tki� Easi� 1_ine o� th� SouLllwe:;� Quari�er of Sec�ion 14, T--3C�, R-24 a dist_ance of 1149 feet plus or minus to �the I�?orth line of 63rd I�ver�t�e Northeast; thence 11Tesi� alonc� i.he-� North line 63rd .�lvenu� � Q fcct; thenr.e North anci paral7_el to the East :L� ne of `�he South;aes t q_uarter_ o� Sec�Lion 14, T-30, R-�24_ ; to thc �outh line af_ i4ississi.ppi Street; thcnce East QO feet along� the Sou-l-h line of P�iiss:issippi Si.r_eet to the actual point oF buginni.ng. T}-�is p.rc�peity is bound�d on the South by 63rd Avenue N.�., � on th� �ast by 5th Street IJ.L., on the North by MississipPa_ Strect= and on the S�7�st by 'lth S-�reet N, E. , � , Anyone desiring to be hea.rd witli reference to the abovc matter may be heard at ��his time. , � Publish: � � � . 1 � ' November 2�, 1973 Decemh�r 5, 1973 FR�N1� G. LIEBL A'fI-1XOR � �r. ...__ I � ' p�osed Pr_elimin�r_y � Pl.at, P.S. ';�73-09, b' Wall Corporati.on. � -. � . .' • • . i _ i � i i �, ; . • �. , . . • • � � • i�� l��l: � . i';"� � ' ' � � � ' . � ' ll ' � �. ' � � ' ' , � i I / / J' � I . •� . i � ! <; i .� i f —� J. �. i �� jj �/ /� � �� ,� . r i�i � �5��. ��/�� t �' �� , v ��, ��//////i�% ! f �i //�/� ` ) % j / j, � J j j . , � F �, , ��..� � t.:. , � ; ;i � � ' �. % !;/,; , ,,; •\ �/ i�j �� I ' �i �''' < �• �j / �' � . � �. . � /��. 1 . y'// // I �• :// / �� C!J �� `� _I : i.. �,i,: � , � ', �i ' ' � ; L . � i ' MISSISSIPPI�STRLrT " . -- -- _ - -- ;,. 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Hu ; li JJ i Ci _ ''. ; , :� � , , , ; , � �� f : � � ,: � ' �:� � i �t '� I .N l` /�- � �• � I � �. +_,f? " . i _ r .� � �>, � � . , � , ' � � ',j i j .,� � � .�� \ � � i� �� I I , i� i i/: i. ,/; LL � � �j� �� .. .: �.. .�// I � � I•, /'�"j\ i/. / i �� j ( I /. \ e:/J.� ��J fG%G.;c� � ., I . ' '`�Z �N �'�l '� '; .:°; �' .`� 4 / + �:.' � __�-- _ . . �� ; :.,,, ,... , _. � . I �-. � � .. �--�",.;.. , . �'..�' �. ; . a Y, � �• . J � 1_ h � I 2 J � �� I�' r"R /� . � a, - .: l:.' �7 � �� e i 1y .. � . �� r 3 ! _ Z e ,'� I..� .� T J � i / ..' � ...L__ _�.� �__. � ' �✓-i :� .. i;-�;—,_,- r:�.....�._,-.r., �.-.r�' E � �:1 `'� ;� ; ./ �� I � I: �� o. _._ • • --�_ . . � y' ^ ' I � 1 O 1 . N � . M ` 1 - �-1 K �' � " �.N .. ,_ . . ��. � _ , y � ' � ' 6 � � � j/' t �+ ; � M : `� � � i..a? � � ( � 1 t��, di _11 � ci,'� N j � �' � E• � 4 --;,—. ± `+-• ... ; . , I I . : ,^ F„�, . ' ' � "' _. - � � t<:� I :.. i � �,,� 1 � -., i-- - . L''.a \ � �^i \` I �� \' �^s . M � r _. i l?� o 2ll �i . i, G F � 2 � ; . . 0 PLEASE SEE THE MINUTES OF THE PLANNING COi�IMISSION MEETING OF NOVEMBER 28, 1973 FOR TF-IEIR R�COMMENDATION 2C � ' ' , ' . ' � . ' u , LJ ' � � � ' ' ' � � � TO WHQP1 IT MAY CONCERN : u O�FICIAL NOTICE CITY OF FRIDLEY PUBLIC IiEARING BEFORE THE cz� couNCZ� NOTICE IS HEREBY GIVEN Tfi.l�T there will be a Public Hearing before the City Council of the City of Fridley in the City Hall at 6431 Univers'ity Avenue Northeast on Monday, December 10, 1973 in the Council Chamber at 7:30 P.M. for the purpose of: A request for a variance of Section 205.073, lA, Fridley City Code, to reduce the area xequirement for.apartment units from 2500 square feet �0 1590 square feet per unit to allow the construc�ion of 144 units instead of 92 units on the R-3 portion of the site, with special consideration for using the adjoining unplatted R-1 land with this R-3 portion as it would then meet the Cocie requirement for R-3 density, on the South 698 feet of the North 1066 feet of the West 385 feet o� the East half of the Northeast quarter of the Southwest quarter of Section 14, T-30, R-24, Anoka County; Except the West 30 feet taken for street and ia.tility purposes, the same being 6401-Sth Street N.E., Fridley, Minnesota. (Request by Wall Corporation, 8030 Cedar Avenue South, Blaomington, Minnesota.) Anyone desiring to be heard with reference to the above matter will be heard at this meeting. FRANK G . LIEBL • MAYOR � � 0 ' � � ' �J ' ' �J � ' ' �I ' , ' ' ' � � ORDINANCE NO. :� �i 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 creeks 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. SECTION 3. Definitions Accessory Building -means a subflrdinate building or use which is located on the same lot on which the main building or use is situated and which is�reasonably necessa"ry and incidental to the conduct of the primary use of such building or main use. Channel -means natural or artificial depression of perceptible 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 Commission 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 l. -means Creek and River Protection Zon� 2. ' . i Creek and River Preservation Management Ordinance Page 2 4 N 1 Flood or Flooding -means a temporary rise in flow or stage that results in inundation of the areas adjacent to the channel. � � ' �I, � ' ' , , � ' Flood 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 surface 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 reduction or eliminatior� of flood damaqe. 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 flood. Obstruction -means any storage of material or equip- ment, dam, wall, wharf, embankment, levee, road, dike, pile, abutment, projection, excavation, channel rectification, culvert, building, wire, fence, stockpile, refuse, fill, deposit, clearing of trees or vege- tation., structure or matter in, along, 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 Official Creek and River profile. Regulatory Flood Protection Elevation 1 -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 an.y piece of work artificially built up or composed of parts joined together in some definite manner, whether of a temporar� or permanent character. SECTION 4. Lands Sub�ect To This Ordinance � � (a) The establishment of boundaries ' The boundaries of the Creek and River Preservation District ar.e hereby established as ahown on the zoning map of the City of Fridley. This boundary ' . . 4� , Creek and River Preservation Management Ordinance Page 3 � ' LJ is made up of two protection zones (CRP-1, CRP-2) which contains all lands 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. ' ' � , , ' ' I� � IL! 1 ,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 existing original zoning districts. Development of this district will follow the requirements of the original 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 p3.aced within protection zone CRP-1 of the Preservation District. Nor shall there be any grading, filling or excavating of land or any land use established ori any property within this zone with the following exceptions: . (1) Any use having a low £lood 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) (b) (c) (d) Structures are not for human habitation. Structures have a.low �lood damage potential. Structures are firmly anchored to prevent floatation. Accessory buildings are not more than 150 square feet. (3) All 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. , 4C Creek and River Preservation Management Ordinance Page 4 I� � � � ' ' � , , , ' � � ' , , ' � (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 thexeof 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 oz� 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 requlations. (1) 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 ircposed 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 E 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 i to life or property. � (4) Special Use Permits shall only be issued in � those cases which are consitent 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 wi11 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 bulkhe.ading if deemed necessary. � Creek and River Preservation Management Ordinance Page 5 4� , (6) No Special Use Permit shall be issued for garbage or waste disposal sites or systems. ' , C� ' , ' r (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 s�all re is�ued unless the proposed use or obs�cr;.�ction ?zas 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 Ftestrictions (a) In addition to the requirements ' . 5 of this ordinance, no Special be issued for any obstruction in unless the follawing provisians ' ' ' , � ' ' set out in Section Use Permit shall the CRP-2 zone 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 eompli-. � ance with the foregoing sentence impractical�, or in other special circumstances, the Plan- ning Commission may authorize other techniques for. flood protection under the 5pecial Use Permit. . (2) Other. Uses Accessory land uses, such as assessory buildings, y�ards and�parking lots may be at elevations lower than the regulatory flood protection elevation if a Special Use Permit is �irst granted pursuant to this ordinance. (3) Stor.:_�ge Any storage or processing of materials ' � that: �n time of flooding may be buoyant, flair;�=;:ible, explosive or could be injurious to huma�z, animal or plant life is prohibited. � � � , � I� � Creek and River Preservation Management Ordinance �Page 6 4 E SECTION 7. Administration: Application for Issuance of Special Permits and Variances (a) Administration: The zoning administrator 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 � � J I �� , ' �J � � ' tJ � � 1 ' District. (c) App7.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 administrator, on forms furnished by the City and shall be accompanied initially by such of the following information, and additional information, data and plans, as is deemed necessary by tr.e zoning administrator for determing compliance with this ordinance, and for determining the effects of the �•roposed activity in the Preservation.Distric and the buildability of the particular site for the proposed improvement, use or obstruction. (1) Plans (surface view) including a survey by a Minnesota r�gistered land surveyer, showing elevations or contours 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 supply 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, floodproofing, filling, dredging, grading, channel improvement, storage of mate- rials, water supply (including withdrawal and discharge of ground and surface water)�, and sanitary facilities. (d) Application For Variance: Application for variance under this ordinance shall be made by the owner or owners of the l�and, 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 excepticnal circum- stances when the strict enforcement of this ordi- nance would 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 � � I' Creek and River Preservatio� Management Ordinance PaSe�� 4 F permissible methods of flood protection, no ' variance shall provide for a lesser 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 therefore by the City Council. ' ' ' � ' � � � , � � � ' ' , � � SECTION 8. Planning Commission: Powers and Duties and Technical Assistance � (a) The Planning Commission: Powers and Duties , (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 will also hear all variances pertaining to this ordinance. The zoning administrator or other officer designated.by the 1oca1 governing body shall submit to the Commissioner a copy of any application for a variance or Special Use Permit where a� hear�ng is to be held to consicler such appli- cation. The Commissioner shall receive at lez:st ten (10) days notice of the hearing. Such notice shall specify the time, place and subject matter of the hearing and shall be accompani.ed by such supporting information as is necessary to indicate tY:.e nature and effect or �he proposed use. A copy of al1 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 such action. (b) Technica� Assistance (1) The Commission may transmit the inform.ation received by it to the appropriate Watershed District or the Commissioner for technical assistance, where necessary in the opinion of the Commission, to evaluate the proposed pro- ject in relation to fload heights and veloci- ties, and seriousness of flood damage to the use, the adequacy of the plans for protecti-ons, compliance with Sections 5, 6 and 7 of this ordin�.nce, and other technical matters. SECTION 9. Existirg Non-conforming Uses: (a) An obstruction or structure, or the use of a structure or premises, which was lawful before adoptian of this ordinance but which is not in conformity with the provisions of this ordinance may be continued, subject to the following con- ditions. 1 . � �� 4 G Creek and River Preservation Management Ordinance Pac�e 8 ' � , �i � ' ' � � � ' I� � � l__: I,__,I ' � � (1) No such obstruction, use or structure shall be expanded, changed, enlarged or altered in any way without 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, t or use of such premises is discontinued for twelve consecutive months, any subsequent use E of thE: obstruction, structure, or premises sha]_1 � � comply, in all respects, with this ordina.nce, � 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 then 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. (4) This ordinance shall in no way prohibit routine maintanance of existing properties. Routine maintenance is considered to be the work property owners could do previous to the adoption of this ordinance without first ob- taining a building permit. SECTION 10. Misdemeanor; Public Nuisance; Penalt Any pe:rsc:n who violates any provision of this ordinance or fails to comply with any of its terms or requirements shall be guilty of a misdemeanor 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 th'is ordinance is hereby declared tc� be,a pub�ic nuisance and creation thereof may be enjoined and the maintenance thereof abated by appropriate judicial action. Nothing herein contained shall prevent th� City from taking such other lawful action as is necessary to prevent, remedy or remove any violation. � O ' , � � � i � � , ' ' Creek and River Preservation�Managemen,t Ordiananc� SECTION 11. Amer�dments Page 9 4H (a) The Preservation District elevations on the Frofile may be changed by amendment to thzs ordi'nance, and such charige, when made, shall be shown on the Profile. If future conditions make it necessary to re-evaluate the district boundaries be.cause of increased or flooding potential which would affect the health, safety and welfare of the citizens, the elevation will be corrected by the Council by amendment to this ordinance. • (b) Al1 amendments shall be submitted to the appropriate Watershed District and the Commissioner, and shall be approved by the Comr�issior�er prior to adoption. 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, safet�y, prosperity anc? ger:eral welfare. It is not the intention of thi.s ordinance to interfere with, abrogate or annul any covenant or other agreement betweEn parties, nor the provisions of any ordinance of the City; provided, however, where this ordinance imposes a greater restrietion upon the use or improve- ment of any premises than those imposed or required by other statutes, or�.inances, rules, regulations or permits of the City, State, or appropriate Watershed District, or by covenants or agreer:en�s, the provisions of this ordinance shall govern. SECTION 14. Partial Invalidi ' If any section, subsection, paragraph, sentence, clause or phrase of this ordinar:ce is, for any reason, held to be invalid or unenforceable, as to any person or 1 . : cireumstance, the applic�tion 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<ill not be affected � thereby, and all provisions hereof,� in all other respects, shall remain valid and enforceable. ' i 1 , . .. Creek & River Preserv�tion Management Ordinance ' ' � .: . - � `•�F Page 10 SECTION 15. Warning and Disclaimer of Liability This ordinance does not imply tY:.at areas ou�side the Preservation District or land uses or obstructions permitted within the Preservation District will be free from flooding or floc,d damages. This ordinance shall not create liability on the part of the City or any official or er:ployee thereof, for any flood damages that result from reliance on this ordinance or any CitY� action taken or administration or Council decision lawfully made hereunder. ' 'SECTION 16. This ordinance shall be effective immediately upon its passage an� publication. ' PASSED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS ' �J ' ' � ' � , ' , DAY OF ATTEST: , 1973. CITY CLERK - Marvin C. Brunsell Public Hearing : November 12, 1973 First Reading: November 19�1973 Second Reading: Publish........ MAYOR - FRANK G. LIEBL � . . � . .. . . 5 MEMO TO: Mr. Nasim Qureshi, Acting City Manager � FROM: Gordon J. Middag, Purchasing Dept. ', � DATE: December 6, 1973 _ . '1 ance SUBJECT: General Liability &Multi Peri Insur . The City of Fridley opened bids for General Liab ility & t�tulti Peril Insurance Coverage a�c 4:00 p.m. November 30, 1973. A total of six bids vaere received as follows: Insur�nce Ac;ent Insuran�e Cozn�anY Net P�'emium ✓ P.M. Endsley Co. Hcme Ins. Co. $29,630 1 year Minneapolis $70,431 3 year P.ki. Endsley Co. ��Testern Cas. Ser. Co. $40,409 1 year Ma.nneapolis $70,981 3 year Niiner A�cAlpin Agency Home Ins Co. $29,630 1 year Minneapolis $70,431 3 year ✓ Rice Creek Ins. Home Ins. Co. $29,630 1 year I�inneapol.is $70,431 3 year And�rson Agerzcy Home Ins. Co. $29,630 1 year � St. Paul $70,431 3 year Donahue Ins. Gul� Tns. Co. $34,786 1 year St. Paul Wolverine Tns. Co. $80,670 3 year Zur ick II35 . Co . � The above bids have b�en submitted to Mr. Shanley of Backmand Anderson Incorporated for analization and recommendation. One Insurance bid not shown above was from Drew Znsurance Agency of St. Paul.. This bid cnvered only fire trucks and there by does no meet specifications. Attached find analysis and recammendation from Mr. P. Shanley of Bachman Anderson Insurance "Insurance Consultant". � i� �I ' ' � II'�� ' ' � n L i� ' � 1 ' � ' ' � IJ City of Fridley Fri dl ey , t�1i nnesota AIVALYSIS OF INFORPIAL BIt?S FOR PACKEIGE, PROPERTY & CASUALTY INSURANCE Only seven bids �Nere received for the bid requirements of the City of Fridley for the next three year term. The bid of the Drew Insurance Agency in the U. S. Fidelity & Guarantee Company was rejected because of being incamplete. The other quotai;ions rendered by the Anderson Agency, P. M. Endsley Co., Pliner P9cAlpin Agency and the R�ce Creek Rgency in the Nome Insurance Company and by the Donahue Insurance Agency in the Gulf Insurance Company and the �1dolverine Insurance Cempan,y and the Zurich Insurance Company and by P. M. Endsley in the t�lestern Casualty & Surety Company present a series of comp1icated alternatives. As a result of the alternatives offered, your consultant has phoned and discussed the items of confusion 4rith the agencies of the several companies involved -- the Home Insurance Company and the Gulf Insurance Company, but did not consult with the Western Casualty Company because only the general liability portion of their bid vaas competitive. !�s a result of our analysis based upon the formal bids together vrith the consultation involved we recommend �:he bid o-F the Home Insurance Company. The Hom� did not bid on t�ro requested coverages, the Errors and Omissions and Open Stock Theft. Despite this the Hon�e`s bid is e�F-Fectively approximately $24,000 below the next lowest bid on a thrPe year premium basis. We have been unable to obtain an indication of the cost to obtain E&0 coverage for the City of Fridley but the cos� to obtain theft insurance on iiquor stores as independent coverage is $1,08� for three years if added to the Home's bid. We anticipate that the E&0 coverage could be obtained on a three year basis at considerably belo�� the $22,744 differential. We had considered picking the best of both with the Home Insurance Company agents for the Gulf Insurance Company let:their bid stand intact. Donahue, indicated that they are willing to do to stand intact. the several bids and discussed this and with the Donahue Insurance Agency as but the Home Insurance Company chose to as agents fpr the Gulf, have not yet any�hing oth�r than allow their bid BACHMAN-ANDERSON, INC. RISK MANAGEMENT 1i1 ' , ' ' ' � C� --� � ' ' ' � � ' ' � ' � � This consultant's recommendation is that the Home Insurance bid be accepted and that the City investigate the advisability of buying Errors and Omissions coverage. Alternatives: 1. We suggest that the automobile coverage be written eliminating any collision coverage on any com�nercial vehicle with a value of less than $2,0�1 and any private passenger vehicle with a model year of 197] or prior -- Firs� year savings $143.00. 2. Crime v�re recommend the acceptance of the Faithful Performance Blanket Pasition 6ond wi�th a limii of $25,000 �rith an excess honesty blanket bond oi� $75,000 -- Three year savings $603.00. This v,�ould seem to be sound practice and consistent with proper business considerations. Collision coverage on older and less valuable pieces of equipment can easily stand the test of self-insurance from the standpoint of both expense and probability. Faithful Perfornianc� above $25,OQ0 would seem to be expensive redundancy at this time. Since the Home Tnsurance Company bid for four agencies, taao options would appear to be available to the City. � � 1. The City could award the business to the Home Insurance Company a�ith the commission to be divided bet�reen the several bidding agencies. 2. The City could select one of four agencies and award the business to it. Advantages and disadvantages to the two options open to the City would be: Option 1 Disadvantages: 1. No agency would be hald responsible to ansurer for the needs of the City in regard to various interim detail's and services. BACHMAN-ANDERSON, INC� RISK MANAGEMENT � � � J 1 1 u 2. No agency could be held responsible for the various surveys, analyses and details of keeping the policy up to date. ' I Advantages: ' , � ' ! ' ' ! ' ' � ' i i 1. The City could no�t be accused of favoritism in the award of the business. Option 2 Select one of the four agencies either by lot or affirmative decision and charge them with the responsibi7ity of handling the policy for the next term. The advantages are those sho�n as disadvantages in option ]-- dividing the business bet�aeen four agencies -- and the disadvan�age �hat shown as an advantage. Competency -- all of the agencies bidding this business have demonstrated their competency in handling insurance coverages of this type. One of the four, the P. M. Endsley Company has be�n fami7iar� arith the various problems ►�rhich have presented themselves to the City over a peria� of years and at this time find occasion to be in regular contact t�ith the City in connection with the Workmen's Compensation policy carried through their agency. Summary: 1. We recomm�nd the acceptance of the Home Insurance Company's bid on a three year term advance premium basis since this eliminates the numerous extra charges necessary in connection r�vith the handling of open bids. 2. We recommend that the City select one Of tI12 four agencies. 3. If the officials of the City have been satisfied with the service rendered by P. P1. Endsley Co. we recommend their selection. 4. If the officials have not been satisfied with Endsley we recommend the selection by lot between the ath�r agencies. E3ACIiMAN-ANDERSON. �INC. RISK MANAGEMENT 0 5C / .. . RISK MANAGEMENT � :1 �.'' �f �i . � -- Q1 `a '�,U � �I r`'3" t� ', Ll. •ri c � - ' p 'C� G �� . s ►�; :a � � o . �q U ' � r1 � ('i1 •�'1 i', � . .,.i �,� � � � , y `� � �� • . �. �U ••i U c� � r�", � 0� � . � � � � � L: O i f-t !r7 ' � � � . -{J � a-% � . . . . r-( q �U � ra , � �J � u u �.� u, > a . ti•1 N O � u . �� . k�. � N c�0 i=� . a, � :� . o c� --+ o va`n a� � o s� •� � �+ Q. � � �. x• U � ,� N � � S.a U • C7 1� � • • . � N I �J . � � cn o , . ' s". U ' N • H • N V ZJ �, cJ N-�1'._._. � � � ?C , � N N �Q Cn N A �7 U � aJ • f{ � �:1� �5 �� }+� �o c}v'"' n�ro�• :3 U V;� . r0['a ` , . 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N U G� •.-1 'O �!1 �-1 F� � U�N CL O M.�.J 1 0) }.� S' �(�, `: �� V' .�i � :=i �l' V1 [, M (4 � �"1 ••� �� . N �U• - wa � � >, � r-1 M tfl O � h t� � - �i' O l'') CO _tn� tn- i � . , o . , U • N U V H • . . W N UJ � �-i U � H � � •.� � �o �, x u�i � i � � O � � ht;SN � � . � � '� " . H �-1 � N � � ��r� .� :r. a N • O .-1 1J Q N (n 5F I . i . . I' 11 ' 1 T0: CITY OF FRIDLEY M E M 0 k A N D U M NASIM M. QURESHI, ACTING CITY MANAGER, APJD CITY COUNCIL FROM: MARIIIN C. BRUNSELL, ASSISTAPJT CITY MANAGER/FINANCE QIRECTOR SUBJECT: GENERAL LIABILITY AND MULTI PERIL INSURANCE DATE: DECEMBER 10, 1973 1 The base bids for general liability and multi peril insurance as rec�ived on Novernber 30, 1973 call for a one year premium of $29,630 and a three year permium of �70,431. The $29,630 includes the automobile coverage for the first year. The $70,431 daes not include the cost of automobile coverage. The cost of automobile insurance can change somewhat depending on the type of vehicles we own during the second an� third year and the City's.experienee rating. If the rates as bid were projected for the present equipment, the cost for the three year period, including automobile coverage would be $87,426. This compares with a bid for one year of $44,133 and a three year bid of $124,786 three years ago. (Includes cost of automobi�e insurance.} This is quite a savings from the last bid 1etting. One of the reasons for this change is the League sponsored program whereby they have put together a special package to reduce the costs of liquor liabili�y insurance. There apparen�tly are reductions in the other liability rates as we11. This does make fo� one problem, however, that is we have four insurance agencies with idential insurance bids. Mr. Shanley from Bachman - Anderson has made an analysis of the bids. He has pointed out several items for your considera�ion. The first item Mr. Shanley has drawn to our attention is the possibility of obtaining errors and vmissions insurance coverage. The City has never carried this type of insurance in the past. Mr. Shanley will prepare additional information on �his for the City Council's consideration, ar►d will be present at the meeting ta answer any questions the Council may have. Mr. Shanley points out that the bids as submitted do not cover theft insurance at the liquor stores. The cost for thef t insurance, including thef t of iner- chandise, runs approximately $1,080 for three years. The City has al�vays carried this type of insurance in the past and I would think we would want to continue to carry it. Another matter Mr. Shanley brings to our attention is the eliminati�n of collision coverage on any commercial vehicle with a value less than $2,001 and any private passenger vehicle with a model year of 1971 or prior for a first year savings of $143. For the nominal amount of $143, I recommend the City continue to carry this type of coverage. T0: NASIM M. QURESHI, ACTING CITY MANAGER, AND CITY COUPdCIL SUBJECT: GENERAL LIABILITY AND MULTI PERIL INSURANCE DATE: DECEMBER 10, 1973 PAGE 2 The other recommendation concerns the manner of placing insurance for faithful performance and honesty blanket bonds for a three year savings of $603. This seems like a good idea. In conclusion, I recommend the City accept the bid of Home Insurance Company for a three year term of $70,431 and exercise the option of purchasing the open stock theft insurance for the liquor stares at a cost of $1,08Q far the three year period. I do not recommend eliminating the automobile collision under option one for a first year savings of $143. I recommend the crime option at $603 for a three year period. In sumrnary, my recommendation is as follows: Base Bid �70,431 Open Stock Theft 1 ,080 Automobile Collision 143 Crime Option -603 Total $71,051 " I have no recommendation on the matter of who sha11 be awarded the bids. Perhaps the insurance agents could come to some agreement among themselves. �� ' � , � ' ' . CITY OF FRIDLEY PLANNING COMMISSION ME�TING NOVEMBI:R 21, 1973 CALL TO ORDER: PAGE 1 Acting Chairman Drigans called the meeting to order at 8:10 P.M. ROLL CALL: Members Present: Drigans, Lindblad, Blair Members 1lbseni�: Fitzpatrick, Fiarris Others Present: Jerrold Boardman, Planning Assistant 0 Mr. Drigans said he would like to add a third item to the ' agenda. This was a let�ter �rom Governor Anderson on the armory proposal for Fridley. , MOTION BY Lindblad, seconded by B1air, that the P1an.�ing Comm.ission add t-1�e letter from Covernor Anderson as the third item i:o the aqenda. Upon a voice vote, a11 votir�g aye, the motion � carried unanimously. APPROVli PLANNIT`�G COMMISSION MII�TUTES: NOVEMBER 7, 1973 �� ' ' ' , LJ , � � ' MOTION`by B1air, secondeci by Lindblad, that the Planning Commiss.zon approve the minutes of their meeting of November 7, 1973 as written. Upon a. voice vote, a.Z1.�voting aye, t-he motion carried unanimou.sly. RECEIVE T3UILDING STANDARDS-D�SIGN CONTROL SUBCOMA'IITTEE MINUT�S: NQVEMBER 8, 1973 . MOTIDN by Lind�lad, seconded by Blair, ihat the Planning Commiss_ion receive the minutes of the Bui.Zding Standards-Design Control Subcommittee meeting of November 8, 1973. Upon a voice vote, a11 votiilg aye, the motion carried unanimousZy. R�CEIV� BOARD OF APPEALS MINUTES�: NOVTMBTR 13, 1973 , MOTION b� Bla.ir, seconded by Lindblad, that the Planning Commistsion receive the minutes of the Board of Appeals meeting of Novernber 13, 1973. Upo�� a voice vote, a1l�voting aye, the motion carried unanimousl�. , ,. REC�IVr PLATS & SUBDIVISIONS-STR��TS & UTILTTIES StJBCOMMITTE� M�LTING : NOVEr1I3ER :l4 , 19 7 3 . ' h10TTON by Lindblad, seconded by B1air, that the Planning Commissian r�ceive the minutes of the P1ats � Subdivisions-Strcets & Utilities Subeommittee meeting of November 14, 1973. Upon a voice vote, a1I voting a�e, the mot.ion carried unanimously. 1 � ' � ' •, � � � � . ' � . ' , , ' 1� u Pl�nning Commission Meeting - November 21, 1973 Page 2 x 1. VACATION RrQU�ST: S1�V #73-11, BY ALLAN ZEIS: Vacate Hickory Street, between Blocks 3 and 4, dnaway Addition, between 78th and 79th Avenue N.�.,.and vacate a.11ey adjacent to, and Wes� of I31ock 4, Onaway Addition, to allow construction of two speculative warehouses. Mr. Allan Zeis was present. .� MOTION by BZair_, seconded by Lindblad, thai the Planning Commission xeceive the Zetter from the rlinneapolis Gas Company " dated November 20, 1973 in regard to this vacatian request. Upon a voice vote, a11 voting aye, the motion carried unanimously. Mr. Drigans said this letter sta�es that Minnegasco has an existing 24 gas line located on approximately the center line of the alley the petitioner is asking to vacate. They objec-t to the vacation of this alley unless a private easement is granted Minnegasco, over its entire caidth and length, by the 'subsequent o��aner prior to its actual vacation. Mr. 7�is s�id he has•�had �elep.hoi�e contact wiih Minn�gasco and he is agreeabl_e to granting this eas�ment. He said there were already several easements in this alley. Mr. Boardman said the building could be built up to the easemeni� line . Mr. Lindblad asked the..purpose of vacating this alley. Mr. Boardman said that although it could not be built upon, it could be used for square footage for the building site. Mr. Zeis said the u�ility companies were concerned about the fencing of this area and they wanted to ensure that they would have access if it� was needed. Mr. Drigans asked where the buildings would be located in this proposal. Mr. Zeis said one building would face 79th and one would face 78th �aith a common loading area. He explained how the buildings would be built so as not to encroach on the easement area. �� Mr. Dric�ans asked if there would be any variances� needed. Mr. Boardman said there would not be any requ�sts for variances. , Mr. Drigans asked Mr. Zeis if he was agreeable to a cul- de-sac at the end of 78th Avenue. Mr. Zeis said he was. Mr. Boardman said 79th would be just a straight road with a temporary , i�urn around unti� it was decided i� 79th was going to cross the railroad tracks or not. � , . �� , , � 6� Planning.Commi�ssion Meeting - November 21, 1973 Page 3 Mr. Boardman said tl�at by vacating Hickory Street this will make this area a buildable site. Mr. Lindblad asked how much the a11�y in�Block�3, Onaway Addition, would have to be widened. Mr. Boardman said it �rould have to be wide enough for truck traffic so it would have to be at least 30 feci wide. Mr. Zeis said he thought his proposal was suitable for the ' area. If Hickory Street wasn't vacated, it would leave a wedge • thai� would be unbuildabl.e. ' ' � , ' , , � ' � C� , MOTION by Lindb.Zad, secoilded by BZair, thai the Planning Cominissior. recommend to Council approval of vacation request, SAV #73-1_Z, by A1Ian 7,eis, io vacate fiickory Street, between Blocks 3 and 4, Onaway 1lddition, between 78th and 79t11 Avenue N.E.; and vacat-e a11ey adjacent to, and 6aest of B1ock 4, Onaway Additi.o��, to a.Z.Zow constz•uction of �wo speculative war.ehouses, wit1� the following st.i.pulatioi�s: (1) Subject to the retention of the utility easements in this a11cy. . (2) Consideration being given to wideninq the a11ey located in B1ock 3, Onaway Addition. (3) A� 120 foot radius cul-de-sac be located at the end of 78th Aver�ue N.E. (4) (5) Provide a temporar� cul-de-sac at the end of 79th Avenue N.E. The petitioner obtain a letter of agreement with the Alinneapo.Zis Gas Company allowing a private easement. Upon a voice vo�e, a11 voting aye,_the motion caxried unanimously. 2. PUBLIC IIEZ�R:LNG: CONSIDERI�TION OF A PROPOS�D PRELIMINAP.i' ' PI,AT, P.S. #73-09, BY THE GdALL CORPOI2�TION: being a replat � ot the Last Half of the Norttz�aest Quarter of the Southwest Quarter of Section 14, T-30, R-24, City of Fridley, County of Anoka, Minnesota; with exceptions. (Formerly Reidel propert� Mr. Rudolph Dant� was present. MOTION by B1air, seconded by Lindblad, that the Planning Commission waive the readinq of the Public Aearing on the proposed preliminar� p1at, P.S. 1173-09, by the taa11 Corporation. Upon a voice votc, a11 voting ay.e, the motion carried unanimously. r1r . Dante said i�iley havc changed the cul-de-sac since i.hey were ai� the Plats & Subdivisions-Streets & Utilities Sub- Conirnittee meeting. Th� cul-de-sac road was off of 5th Street and n�w it is o�f Mississippi Si�reet. Iie said there t13ve been oUjec�ions raised to paricing on Mississippi but with�this plan � Planning Commission Meeting�- November 21, 1973 .` Page 4 6 � all the R-1 lots on ' sac road. They have the R-1 lots 10 feet � � ' � � _� � � � ' , Mississippi would be served by this cul-de- also realigned the Eas�erly boundary of as stipulated by the Subcommittee. Mr. Drigans asYed how many R-1 lots were in this proposa7.. Mr. Dante said there were 28.. Mr. Drigans said there was discussion at the Subcommittee level on the cost for this cul-de-sac proposal. Mr. Dante said the figure mentioned was $25,000 for the five ]_ots, or $5,OQ0 per lot. Now this cul-de-sac services $ lots, so using this same figure, it reduces the cost to each lot to a little over $3,Q00. , Mr. Blair asked if �he Wall Corporation was gaing to develop the R-1 area. Mr. Dante said they were not residential builders and . they were looking to sell the R-1 loi�s to one builder and have him deve]_op them. � Mr. D��igans asYed if there �•�ere utilities available for these R-1 1_ots. Mr. Dante said it was his understanding that there were utilities available on 63rd, 7th Street and Mississippi, and that they were almost al1 paid for at t}zis.time. Mr_. Drigans said they wauld not be in f_or the cul-de--sac area however. i,7r. llrigans said the amount of this plat that was used for R-1 lots would have an effect on the density of the R-3 area. He said that va�i_ous methods for figuring this density had been worked out by t�he City staf f_ and he gave a copy of this to ��rsr . Dani�e . Mr . Dante said a1�1 the pondi.ng area is in the R-1 zone, but it wi.11 be part of the apartment complex and �ai11 be maintained and controlled by the �dall Corporation. The R-1 lots a]_1 meet the code requirements. Some of_ the lots are larger and they wi11 be able to have utility easements on these lots for the storm sewer. � Mr. Boardman sai.d that on �tlze original pr_oposal there were. j walkways shown and these could be made an autlot. bZr. Dante said � there was nothing in th� ordinance that said walkways had to be provided in ai1 R-1 District. The Subcoznmittee felt that having a , walkway going pas� someone's bedroom window would not be too desir- . able. The Subcorrunittee approved the plat without the walkways. �I , Mr. Boardman said that our'ordinance says that l00 of any new development should be public property and these walkways would provide this. Mr. Dante said 90,000 square feet were being used for the ponding area and he thought i:his should meet that require- ment. � • Mr. Boardman said there was a natural walkway on the prop�rty , now. Mr. Danie said this is vacant land and a.fter the R-1 lots are developed tlzere will Uc houses where.this walkway is now. Mr. IIoard- man said that when the bicycle trail is developed along 7th Street, , � they would want access from the apartment complex to 7th Street. Mr. Dante said they would have to go through '.c ponding area to get to 7th Streei:. , � . ' � � ' ' , ' ' I 1 , , � � , , , � , � � Planning Commission Mceting - November 21, 1973 Page 5 Mr. Boardman said the variance request had to be based an what was zoned R-3. ror 130 units the variance was from 2500 square feet per�unit to 1906 square feet per unit. The R-1 area that would be a part of the apartment complex can be used as a justification for gr_anting tlie variance. Mr. Lindblad sa�_d •that tYiis r.eally was jtzst a'paper' variance then. If you take into consideration all the square footage that will be included with the apartment complex it isn`t that much of a variance. Mr. Dante said this was the Council's decision on how this property should be developed. They said the [�'all Co�poration could have a 130 unit apartmcnt complex ��aith R-1 lots around the p�rimeter of the property. P�4r. Dante said his proposal would be to use the entir� 14 ac1�e trac�t in figuring the amount of apartment units that cou�.d be built in the R-3 zone. Fie said he would 1i}ce to see an apartment comple� of 225 units in this R-3 zone and have the balance of the proPe.rty nic�l_y landscaped as an open area, I-Ie thought this would really be a buffer between the apartrnent compley and the residential areas across from t21is proper_ty. He said the Fridley Civic Center and the Anoka County Library were in the adjacent arca and a larqe apart.ment complex would fit in with this.. � There �,�as discussion between Mr. }3oardman and Mr. Dante on the square footage of t�he R-3 area and the R-1 area included in the pondi.ng area which would be part of the apartment complex. Mr. Boardman said P�Zr. Dante was including the 30 foot street righi� of way in his figures and that couldn't be used for this proposal. Acting Chairman Drigans gave a copy of the stipulations that were necessary for the Wall Corporation to.develop this property �Q�M�..: Dante and asked him if he agreed to them. Mr. Dante said he c'_idn'i� agree to the City saying what th� apartments should rent for and or how manystc�ries ihe apartment unit should be. He said they would be providing more parking than�tlie 80 units mentioned because if th�y didn`t have more parking than that they wouldn't be able to ren�� their apartments. He said he saw no reason for having a tot lo t k�ecause �hey generally don.' t� rent to anyone �aith children. As far as preserving the qrove of treesj he said they were ehinese �lms and soine scrub so it wasn't much to preserve. Mr. Drigans asked Mr. Dante if it would be economically feasible to drap the cul-de-sac street and only have 23 R-1 lots� if they used about the s�mesquare i�ootaqe requirement for each unit and let them have 1G3 apartment units instead of 130. Mr. Dante said he would have to check the figures but he thought it might be. Mr. Dante said he would be more than happy, if the Planning Commission recommended that the entire 14 acres be considered in the density and allow the Wall Corporation to build 225 apartment units on the R-3 and keep the rest of the area wide open in landscaping and park area. Mr. Dric�ans said the Planning Commission has many tlzings to thi��lc about on i�he altcrnaL-es thai� had comc up this evening. 1ie thouqht.as thcie were only three members present at this meei:ing, the item should be COI1i.11�UF'C� UI1t:lI_ the Dece�lber 5th mee�inq. Mr. Dante said he had to present plalis at the Building Standards-Design , Planni.ng Commission Meeting - November 21, 1973 Page 6 6E � Coni�rol Subcommittee on December 6, 1973 arrl it would be impossible to have plans ready to submit until he knew what the Planning Commission r�commendation would be. Mr. Drigans said they could , have a special meeting on Noveinber 28th. Mr. Dar�te said that would give him time�to prepare i�he plans after this meeting. � � � ' � ' , r r , � � MOTI.ON by Lindblad, seconded b� Blair., th�t the Planning Commission continue until November 28th th� Public Nearing on the proposed preliminary p1at, P.S. #73-09, by the l�a11 Corporat.zon, being a rep.Zat of the 61est f1a1f of the Nortliw�st Quarter of the Southwest Quarter of Section 14, T-30, R-24, City of Frid].ey, '' County of Anoka, A9innesota; with exceptions, asking the Czty Staff to determine if this c��as plattcd into 23 1ots, and using the square footac�e of the R-3 arid open R-1 area and usin_q the density of 2200 square.t�e� per. unit, hol,� many apai:tment uni.ts the Wall Corporation could bc allowed, and also study tlie'feasib�lity of using the entire 1� acre site in determining the number of apartm�.nt units that could be buzlt in the R-3 area US.ZI1� 2_500 squ�re fe�t per unit which is the Code requzremenL- and leaving t1�e R-1 area open for landscaping and park area. Upon a voice vote, alI voting aye, the motion carried ui�animously. • L 3. LETTER FROM GOVERIvOR ANDFRSON ON TH� ARMORY PROFOS�L 1�90TION by B1air, seconded b� Iindblad, that the Planning Commission receive the letter from Governor Wendell R. Anderson of Novernber 7., 1973 regarding the Fridley Armory proposal and the Ietter be made part of the minut-es. Upon a voice vote, all voting a�e, the mation carried unanimously. The let�er is as follows: Dear Mayor Liebl: Traditionall��, the communities of Minnesota have received suppori� fr.om the National Guard in times of emergencies such as floods,�tornadoes, and other natural disasters. A.new concept in training and civic programs has brought the Guard even closer to their local r.ommunities than in the past. This Guard involvement has been motivated by the excellent assistance and backing that communities have given the Guard units. � �. • • The mann�r in which this alliar�ce grows.in smaller towns is understandable as the local unit is a center of civic activity and • units members are lifetime resi.dents. This close feeling has been '' dif�icult to maintain in an e�panding metropolitan area and for this reason we ask your assistance in establishing a community unit identification in Fridley. � , Tl�e program to form this type of association depends on cooperation betwecn the community leaders and National Guard officials ' ' A survey o� units in the metroPolitan.areas has indicated thai� the unit- wi,shing to become closely associated with Fridley is HQ/Co I� 209th Medical I3attalion located in the Minneapolis National � � �_ � � � � ' � �� .� � � � ' ' , . . : .. - 6F Planning Commission Meeting - November 21, 1973 Page 7 Guard Armory and commanded by Major Richard L. Hayes: Major Hay�es will contact you soon in order to �urther discuss this combin�d �ffor_t �ahich should be beneficial to both 204th I�iedical and the community of Fridley. Sincere]_y, � . Wend�ll R. Anderson � , Governor 4. GENE}:AL DISCUSSION Mr. Lindblad said it had Ueen brought to his attention that some communities were having a problem because of citizens raising some type of lives�ock or poultry on a small scale. He said if this type of problem should com� up in Fridley cae should have some type of policy to differentiatG between livestock and pets. By thi�s he meant that people wpuldn't try to raise animals� or. poultry for food and �•�hen there were complaints, try to say they were pets. ' Acting Chairman Drigans adjourned the meeting at 10:00 P.M. Respecti�ully submitted, �` � 1 � � �/4 i_. � r, ,L�j � ��/?.� �t :',; t<^, ^;,, Dorothy Lv�enson, Secretar.y � ' ' �� C � . ' ' � ' n CITY OF FRIDLEY 7 SP�CIAL JOINT MEETING OF TFiE PL�NNING COD4NIISSION & BOARD OF APPEALS NOVEMB�R 28, 1973 PAGE 1 CALL TO ORD�R: Chairman Fitzpatrick called the meeting to order at 8:10 P.M. ROLI, CALL : Members Present: Fitzpatrick, Harris, Lindblad, Drigans, Bl:air Members Abseni�: None . . Others Present: Darrel Clark, Commun�_ty Development Adm. Board of Appeals Members: Harry Crowder � James Plemel Virginia Wahlberg � Patricia Gabel 1. CONTINULD: PUBLIC H�ARING: CONSIDERATION OF A PROPOSED PRELIMINARY PLA�l� , P. S. �� 7 3- 0 9, BY THE WI�LL COP.PORATION : beirag a r�plat of �Lhe �ast Half of the Nor-L-]zwest Quarter of the Southwesi� Quarter of Section 14, T-30, R-24, City of Fridl.ey, County of Anoka, Minnesota; with exceptions. (Pormer.Riedel property.) A RFQUEST FOR A VI�RTANCE OF S.ECTION 45.073, lA, FRIDLEY CITY � CODE, T� REDJCE TFiF AREA RE�UIREM�PIT FOP. APART�IEIVT UNITS FROM 2, 500 SQUI�RF, 1'LET PEP. UNIT 'I'O 1906. 08 SQUARL FEET PER UN?:T TO ALLOL•7 TII� COivS`1'RUCTTON 0�' I1 130 Ui�1IT AP[�FTt�IENT C01�1PLEX Oi.ti TIi� � SOUTH 69B �EE'I' OF `I'FiE NOR�I'I-I 1066 Fr,E7' Or THE WEST 385 FEFT Or THE �AS`1' HALF OF 1H� NORTHPI�ST �U��RTFR OI' TIiE SOLTHti^lEST QUaR`.I'ER OF SLCT]:Oi�,7 14 , T- 3 0, R- 2 4, ANOKA COUNTY , EXCEPT TF-:E i�1ES 1 3 0 FEET TZ�IC}?,N l� OR STFsET Z�ND UTILI�l'Y PURPOSFS , TFIE SAMP i3LING 64 Ol � 5TH STREI�`l' N.E. , FPZDLEY, A1INN�SOTA. (RE�UEST BY t�QALL CORPORATIO\T 8�30 C�DI�R I�VENUL SOU`PII, BLOOI�IINGTON, MINNESOTA. ) ' �l ' ' , Mr. Rudolph Dante was present to represent the petitioner. Mr. Drigans said th� Board of Appeals had tabled the request for a variancc� by the Wall Corporation from 2500 square feet per unit to 1906 square fe�t per unit for an apartment complex, at t.heir iiteeting of Nov�mber 27, 1973 because the .Planning Commission had asked for two_ altcrnate plans�at their meeting of November 21st. The Board of 1lppeals decided to have a joint me�tinq with the Planning Commission so they could mak� their recommendation on the . same �lat recommended by i:he Planning Commission. The plan presented , to the Planning Conunission at their m�eting of November 21st, had a cul-de-sac road to II lots fcr a total of 28 R-1 platted lots. We didn't consider this proposal too encouraging, so we asked the Wall Corporation to look at a couple of alternatives. The first altcrna- tive was to have a large apartment complex on i:he R-3 area surrounded by all open area witl� no lots platted in the R-1 area. T2ze second alternative was to take out the lots served by the cul-de-sac road �I � I� � � � � , � � � II � ' 7A Special Joint Meeting of the Planriing Commission and Board of Appeals November 28.; 1973 Pdge 2 and just have 23 residential lots, with the addition R-1 open area being used to justify more than the 130 unit apartment complex originally suggested. The Planning Commission said they were thinking of somewhere between 160 and 165 units: Mr. Drigans continued, that the Wall Corporation came back to the Board of Appeals meeting on November 27th with the proposal as �ae described with a request for 180 units with 23 residential lots. � Mr. Drigans said i�his brought everyone up to date as._.to where they__were at the present time. Mr. Dante said the preliminary plat he was presenting was the . same plan they had presented at the Board of Appeals meeting. The plan presented at the last Planning Commissi.on meeting had a cul- de-sac road to 8 lots off Mississippi Street. At the Plats & Subdivisi.ons-Streets & Utilities Subcommittee meeting they had presenL-ed a plan with a cul-de-sac road off 5th Street to 5 lots. It was.determined a� that meeting tha� this cul-de-sac plan would cost about $25,000 oi $5,000 per loi�. He said the Wall Corporation had taken out the cul-de-sac proposal and have taken an ar�a of 8.5 __ acres, which is open area, and are asking for 180 apartment units which would make one unit for every 2,048 square feet of land per unit, which would all be built on the R-3 portion of the property. Mr. Drigans said the Board of Appeals can only consider thE: R--� portion of the property for the variance r_equest. He said tYiat some o� the R-3 property does extend in to the platted R-1 lots on the SoutYi side o� this property, so there is an overlap of zor�ing. The figures have been a problem to us because the L-iqures used by the Wall Corporation and the fiqures� used by the City staff do not agree, so we have liad a problem in evaluating this proposal. Mr. Dant� has said there is 368,725 scivare feet of ope�z space and the City staff says it is around 360,000 square feet. • . Mr. Dante said in using the R-3 the City says the square footage.per � This same variance �otice gives the ' but because of the 30 foot right of !�■ ' amount of buildable R-3 land is 355' only and allowing unit comes out �Lo dimentions as 385' way for 5th Street, �; 698' . 130 units, 1906.08. x 698', the actual � Chairman Fi.tzpatr_ick said as he understands this proposal, som� of the R-3 is in th� R-Z plats and the unplatted.R--1 is � goinq to be us�d in conjunction witlz the apartment complex, althougii the actual construction of the apari�ment complex will a11 be in the R-3 zoning. ' � � Mr. Dante said the ponding area which is all R-1 zoning will be owned and maintained by the apartment complex. The R-1 lots coul:d have been larger, but they were set at the code requirement, so this gives more open space thai� must be maintained by the apart- ment complex. ' , ' � � Special Joint Meeting of the Planning Commission and Board of Appeals November 28, 1973 Page 3 Mr. Clark said if you use the code requirement o� 2,500 square feet per apartment unit, then they can only have 92 units on this It-3 property. If you want to rationalize the variance by using the vacant R-1 area to justify granting the variance, this is your decision. Mr. Fitzpatrick asked if there was any problem of platting a 1ot with two zones. Mr. Clark said there wasn't. �� Mr.�Harris said that according to our ordinance, you can us� R-1 property for parl;ing lots for apartments. Mr. Clark said this would require a Special Use Permit being granted, ' ' � L � � � � � �. i � � � Mr.. Dante said that a]_1 the construction for this apartment, including the parking, wi�_1 be held to the R-3 portion of the property. . Mr. Fitzpat�rick asked how many units could be constructed by usinq 2500 square feet per unit on the R-3 portion of the . property and the unplatted.R-1 property. Mr. Clark said he had prepared some information on this betore the meeting and he gave each member of the Commission and Boax-d of Appeals a copy of this information. He explained that the R-3 land er:ua.ls 228�975 square feet and this divided by 2,500 square feet equals 92 units. The R-1 vacant land in the ponding area is 74,750 square feet and this devided by 2,500 square feet would eqzial 30 units. The R-1 vacant park.land is 55,003 square feet divided by 2,500 s�xuare feet equals 22 units, for a total of 144 units. Our ordinance requires that.l0% of R-1 platted �.and�be dedicated for park 1and. On this p�at it is approximately 230,000 sqtzare feet, so the dedication would be 23,000 square feet and this divided by 2,50d equals 9 units which �rould have to be subtracted from the 144 units, so that 135 units would be allowed if a11 the open space of the unplatted property were zoned R-3. Tf you are talking�about 180 units on this same property, it woulc� make the square foot.age about 2,000 per unit. He said he had talked briefly �aith the City Attorney by telephone today, ancl he said he tYiought he could defend the City in a court of law i'or granting a variance based on the R-3 property and the vacant R-1 property to allow 144 units and he felt it might be difficult tQ defend tl�e. Ci�Ly if the uniL-s went. beyond this amount, but he said he would �li]ce some more time to' think about this. ,' Mz. Li_ndb]_ad said he favor�d using the entire 14 acres for figuring the density on the R-3 property, and having a 225 unit apartment building construct ed on the R--3, surrounded by all open space and park la�1d, and not have any R-1 platted lots. He said he �elt the open land �vas more of a buffer for th� adjoining R-1 proper_ty across the si�reet from this site than platting more R-1 property. Tliere is heavy traffa.c in this area and with people backing out of driveways on 63rd Avenue, 7th Street and Mississippi Street woizl.d only add to this traffic problem. The apartment complex could have controlled access. � � LJ � � � ' � , !J � � � i L_J �� , 7C Special Joint Meeting of the Planning Commission and Board of Appeals November 2.8, 1973 Page 4 Mr. Dante said he had suggested this plan and thought it was a good on�e. The construction of the apartment complex would be held ta the area zoned R-3. Mr. Drigans said if you go back into the history of this property, it w�zs all zoned R-1, and when part of it was zoned R-3, it was felt the balance of the proper�y should be R--1 to create a buffer zone between the R-3 and the surrounding area. Mr. Drigans said he felt it was up to the developer of the R-1 area to determine what type ofmarket there will be for the R-1 prop�rty with R-3 zoning behind it. Mr. Lindblad said if we go ahead with this plan the way it is beirig presented tonight, and in the future find that the R-1 loi�s cannot be sold because of the apar_tment complex, it will be too late then to change the aplrtmeni� units, and the R-1 area could sit there undeveloped. Mr. Plemel said there had been a good market for property on Mississippi Str�et, and maybe with•the.energy crisis, there could be quite a few people �•aho would like to live close to shopping, buses, etc. . Mrs. Wahlberg asked D7r. Dante if the V�7all Corporation would be selliny i�he R-1 lots individually. A2r. Dante said they plan to sell the enti,re pla�ted R-1 to one builder. He said he has prepared a let�ter that is ready to go out which will be sent to developer_s of R-1 proper�y. Mr. Crowd�r said he felt the problem seems to be that the City says they want 130 to 135 a�artment units in this complex and the Wall Corporation says they �aant 180. This seems to me to b� a major confrontation arid if�some compromise can't be workecl out, a11 this discussionseems academic. Somewh�re along the line an agreement must b� reached on the number of apartment units which are going to b� allawed on this site. � Mr. Clark said the City pJ_anning staff is not planning 130 units. I think any plannEr could design a building with 300. units tor this site. What de�ermines the amount� of units is our code requirements. If you used our code requirement on just the� R-3 property they could only have 92 units. By using full credit for th� open R-I land, it gets the units up to 144. Mr. Crowder said his question to Mr. Dante.is if.I44 units are attraci�i.ve to the Wall Corpora�ion. Mr. Dante said not caith 23 residential 7_ots. A4r. Crowder ask�ed how many units the Wall Corporation would need to make it economically feasible to have 23 residential lots. Mr.�llant�e said 180 units. Mr. Dante said they have jusi� built 180 units off of Lake Ca].houn. In tl�ree and a half months we have them 9G to 97 0 occupieci. He said r2r. Uti:er. had Ueen over to look at tI115 developmcnt �nd he was iznpressed w.ith it. He said it was design�d so all t}ie vicw is to inside courts. Thes� units feature eitller 1 • � u � � � � �� 7D Special Joint Meeting of the�Planning'Commission'and Board of Appeals November 28, 1973 Page 5 a sunken living room or sunken master bedroom and fully electric kitchens. . Chairman Fitzpatrick said the City Attorney has stated it might be difficult to defend more than 235 to I44 units on this property. . Mr. I-Iarris said he thought the City and the Wall Corporation had come to an agr�ement at their special meeting of October 17, " 1973 and I think we should work vaithin the guidelines set up at this meeting. Mr. Clark said that at this meeting many different figures wer_e mentioned for the number of units for the apartment complex from 125 to 135. At the end of the meeting �here was a summation of what was d�:scussed but ther� was no motion made. He said this was an alternative to the Wall Corporation's proposal to have 155 rental toG�mhouses that would be smaller than those originally pr_oposed, with one car garages. Mr. Harris said ai�. this meeting ther_e was an agreement for 135 apartmeni� units and , 23 residential lots. . � Mr. Clark said he woul'd have to say in defense of the Wall Corporation that they came into this meeting with a proposal for 155 townhouses and came out with.this alternative. Mr. Dante said he did mention at that meetinq having 225 . apar�me�zt units with the balance of the property being used for � ' a park-like area. The peopl� represeni�ing the,Wall Corporation and the Riedel property w�r��asked to leave while, the Council � . discussed this, and wh�n we came Uack to the meeting this alternate proposal was brought up. A very rough drawing was made to show what they were suggest�ing. I asked the City Engineer what the code requirement was for R-1 lots and this was just a guess as to ' . how many residential lots there would be. Mr: Clark said the Gombination of the residential lots and � the apartm�nt units would come to about 155 units, which would keep �Lhe d�nsity an the property about the same as if it had been a townhouse develapment, and he thought perhaps the Council was � trying to come up with an alternative so the units would be about the same. � � i � � � Mr. I-iarris sai_d there has been mention of a preliminary plat with 8 lots be�ing served with a cul-de-sac road off MisSissippi. This was not the preliminary plat approved at� the Plats & Subdivisions Streets & CJtiliti�s SLI�CGII1R11tt�G meeting of November 14, 1973. Mr. Dante said on the plat presented at that� meeting, the cul-de-sac was off 5th Stree�, but because the roa� was not wide enouglz, it hac� to be changc�d. The plan with the cul-de-sac road off Mississippi made only one access to Mississippi instead of three. . P�Ir, iiarris said this was not the plat approved at the Plats & Suus meeting. � 5 1 7E Special Joint Meeting of the Planning Commission and Board of Appeals November 2 8, 197 3 _ _ Page _6 _ � Mr. Harris said he likE�s the plan where the apar.tment complex would be built on the R-3 ar.d the balance wauld be open land, but he didn't think the neighbors would stand for this. Mr. Clark j said he didn't think that plan could be used without "rezoning the entire property to R-3. � � . �� Mr. Fitzpatrick said we are faced with making a recommendation that is beyond the number of units suggested by the City Council or below,the number that the Wall Corporation says is economically feasible. �� Mr. Drlgans asked about i:he availability of City services and utili�ies if we recomm�nd more units for this prop�rty. Mr. .Clark said this would be no problem as far as water and sewer. Mr. Drigans said we also had a list of stipulations that some agreement had to be reached on a�so. Mr. Clark said these s�ipulations represent the original R-3 zoning stipulations and si:ipulations that came out of the October 17th Council me�ting. .�:: Mr. Drigans said he asked the Wall Corporation to respond ta these stipulations at his meeting. MOTION by f3lair, seconded by Lindblad, that the Planning Comm.ission receive the prepared statement by the Wa11 Corporation in answer to Ghe stipulations by the City. Upon a voice vote, a11 voting aye, the motion carried unanimous.Zy. Mr. Dante said he thought the stipu�.ation on what thes� unit� 1 � should rent for was way out of line because this should be determ:.ned by the Wa11 Corporation. He said that limiting this building to 2 to 22 stories was out of line also, when the code said the building � could be 6 stories, not t�hat the�t�Tall Corporation wanted a six story building, Mr. Dante said that the recreational facilities would depend upc�n how many units they built, and as far as a tot lot, � they weren' t even suxe i�Yiey were going to reni� to people caith �:hi�ldren,.. He said as to.the request for preserving the large grove of trees, these were mostly Elms and scrub. � � � � � � � Mr. Clark said.he believ�d the rental rat�s were mentioned by Mr. waii at the meeting of October 17th with the Council. Mr. Dante said this was takc�n out of context and Mr. Wall was talking about the 180'unit apartment �iuilding that'Mr. Dante has already mentioned. Mr. Fitzpatrick said that wh�re ever these�stipulations had com� from, they are not stipulations that the Planning Commission. has made on this plat. � As the plan has changed, these stipulai�ions would just be advisor.y to the Planning Commission, Mr. Fitzpatrick continued, anc� as far as the outside recreational facilities, even if they were noi: necded ior the apar�ment complex, we would still be faced with having facilities for the R-1 property. . 7F � � � � � II � � Special Joint Meeting of the Planning Commission and Board of Appeals November 2II, 1973 Page 7 Mr. Drigans said Mr. Clark has brought up the paint that at the time of the rezoning to R-3,�there w�re stipulations agreed to �hat wot;ld still hold on the R-3 property. Mr. Clark-said there was a signed agreement at that tim�. Now we are having a different complex on praperty that was rezoned for another purpose. He said he didn't think the tennis courts had been part of the agreement. Chairman Fitzpatrick asked Mr. Dante if the stipulations he � had given�to the Planning Commission this evening were the one's�. tr�e Wall Corparation would agree to. Mr. Dante said they'were. � � � � � . � � . � � � . � � � � Chairman Fitzpatrick read the prepared s�.atement by the •Wall Corporation on the s�ipulations they would agree to. It is as follows: � l. Pror.id� a drainage pond on the said property as shown on the approved final plan which would receive the drainar;e from the adjoining properties and drain the said property. .The surface water will be stor.ed in th�.pond during the � rain and wi11 be let throught with an overflow into the existing storm sewer at Bennett and 7th Street slowly after the rain storm subsides. The location of the per_manent portion of the pond would not be any closer than 100 feei: from any roaa right-of-way lines. The design af the permanent portion of this.pond would be based on the 5 year frequency :(8.2 acre feet) with the temporary expansion of the pond io be designed for 50 ycar �requency (12.0 acre feet). The water in the �:•ermanent pond would be pumped up to a foL�ntain for ae�ration purposes to eliminate the stagnation effect of the water in the �ermanent pond, The bo-ttom and the shorelin� of the pond will b� such that it is as maintenar:ce free as practical and the whole shoreline and the grounds around�the ponding area will b� landscaped. The design of the complete drainage and storm sewer sysi�em in this property shall be approvec� by the City �ngineering Department and � storm sewer pip�.ng cons�Lructed to the City's specifications, Uut not to exceed mean specs now existing. City agrees thE:, watershed area for this property shall not be increased. 2. Provide a drai�age easement to the City of Fridley for �he ponding area which will be under water considering a 50 . year design frequcncy. • , 3. Bear fully the cost� of the total drainage system within the property. If in the future there is additional outlet cons�Lruction necessary, i:his property wi11 pay the�.r slzare o� the assessment for the improvement. Such assessment based on construction required for the Wall Corporation properi�y only. LJ � � � � � Special Joint Meeting of the, Planning.Commission.and Board o� A�peals November 28, 1973 Page 8 4.a). Keep the building within th� R-3 zone�d area. b). Provic3e about 80 garage stalls which is a little over one third of the total needed parking stalls. c) Provide recreational facilities, including swimminc� pool, sauna, party room and exercise room at the discret�on of the Wall Corporation. d) Keep all the ponding and drainage facilities outside the • � proposed platted residential lots. The upkeep and . mainten��nce of these areas to be part of the apartment complex. � � � � � � ' � , � � � e) f) Outdoor. rerreational facili�ies will be at the discretion of the Wall Corporation. � If possible, preserve hE:avy grove of trees in the northerly ar�a of the property. g) Pravide.gooa landscaping. h) Proper water circulation, and upkeep of the ponding area. Mr. Lindblad said that in another discussion, Mr. Dante said he felt they �7ou1d want to provide more than £30 garage stalls. Vdere they now�saying they would put in 80? Mr. Dante said he thought they would be providing more than this. Mr. Drigans said that at the Board of 1�p.peals meeting �the �r�a11 Corporation did present a proposal that underground parkir�g would be provided. He said in the prepared statement from the Wall Corporation they make refer- ence to ma.ny of the stipulations.that. the City has proposed, only they are at the C�Jall Corpor.ation's discretion. � Chairman I'itzpatrick said we now have the job of comparing the stipulations of the rezoning and the stipulations by the City on the sheet dated November 13, 1973, and the stipulations presented by the Wall Corporation. D�r. Drigans said one stipulation that was missinq from the Wall Corporation stipulations was 2C of the City stipt�lations. Tllis reads "Waive any liability against tlZe City for ponding the water on this nroperty and drop �ny pending lawsuits against the City". Mr. Clark said the pending law suits were dxopped at the time of the rezoning. tMr. Drigans asked where we stood as far as the original stipulations of the r�zoniizg �ahen i�he proper�y was going to be used for a different purpose. Chairmari r,itzpatrick said � • the rezoning stipulations�still stand, but we can recommend changes. � � M�:. iiarris said he would like to know the stipulations that were agreed to at the time of the rezoning, by both parties. � � � � � �J � � � � � L� � � 7H Special Joint Meeting of the�Planning Commission and Board of Appeals November 28, 1973 Page 9 Mr. Clark said there was a stipulation to plat the land, which , is what they are doing now. The paragraph on drainaqe is the same on all thre� interpretations of the stipulations except the Iimits of the temporary ponding around the time of rain could extend beyond the 100 foot limits, and the Wall Corporation have added that the specs are not to exceed those existing in the City. Mr. Clar}: said this was no problem because he was sure the specs would b� the same as in any othe:r part of the City, and it did have to be approved by the ... City �nginF:ering Department. Mr. Clark said the second paragraph is the same.except on the Cii�y s�ipulations they have added "includinq ti-e storm sewer inlet and outlet". Mr. Dante said he did not include this because he didn't know what it meant. Mr. � 'Clarlc said that the inteni� was that the easement to the City of Fridley would include tlze 12 acre foot pond plus the inlet pipe and outfall pipe. Mr. Dante said thc:y would aqree to that. Mr. Dante s�id they omitted the next item that said "Waive any liability against the Czty for ponding the water on this property and drop any pending lawsuits� against i�he City". Mr. Clark said Ize thought the purpos� of this stipulatior� was to insure the City that if this pond should malfunction, that the Wall Corporation would not place �: new lawsuit against the City for any damage to the comple�>. ASr. Clark said that if we ha� an excessive amount of rair� and �he ponds filled up and water came into the�basement of the apartment complex, ev�n ii this was a City approved plan, we would consider this an Act of God and would not want to be blamed. Mr. Dante said he could see this but he wasn't agreeable for a blanket clause holding the City blameless. Mr. I3arris said he agreed with Mr. Dante.� He was not in favor of blanket hold b:LameZess clauses either. He said he would recommend that this stipulation be rewritten to hold the City harmless if the water l�vels exceed the designed ex�ectations, or something like that. If this is designed for the 50 year flood , and we have a 150 year flood, this would hold the Cii.y harmless, expecially when flood insurance is going to be so cheap in the City of I'ridley. � � Chairman L'itzpatrick said we� can ]_eave Lhis stipulation in and� ask to have it revi�wed at the Council level and have the City . Attorney decide on �he exact wording. i � � � � ' Mr: Clark said the next stipulation was D. "Set the lowest . floor elevation of tlze walkout type home at least 3 feet higher than the 50 year flaod line. The lowest floor elevation of a non- walkout type home: will be no more than 18" into the 50 year flood 1.1I1@ with a grade elevation at least � feet higher than the 50 ycar flood line. T11e lowest grade elevation for the recreation Ui�ilding will be no lowcr than 3 fo.ot into the 50 year flood line with flood- proof construction up L-o the 50 year. fZood. Rest of the struci:ure must be water-resistant construction". Mr. Drigans said this doesii't sound like a st�ipulation of rezoning, more of development. Mr. C1ark said this w�s ior tlie to�anhouses i-:llat were part of tlic� origi.nal plan in the rezoning request. � � � � � � � �� [ _J � � � � � 7_.�' Special Joint Meeting of the Planning Commission and Board of Appeals November 28, 1973 Page 10 Mr. Fitzpatrick said this stipulation was not in the Wall Corporation stipulations and asked Mr. Dante if he would accept this stipulation. Mr. Dante said no. He said this would pretain to the R-1 portion of the property and 'they were not goinq tc accept stipulations for the d�veloper of this property. Tf the City wants stipulations on the R-1, they should be taken up with the developer. Mr. Drigans said we are being asked to approve a plat with R-1 lots. Mr. Clark said these stipulations could be placed on the R-1 lots at the time building permits were taken out but he felt strongly that this stipulation should pertain to tl�e apartment complex also. Mr. Harris said he thought we needed this stipulation on the R-1 lots, and whet�er its put on now, or later seems immaterial. . Mr. Clarlc said the next stipulation was stipulation E, "I3ear fully the cos�: of the total drainaqe system within the property. If in the future there is additional outlet construction necessary, this prope�ty will�pay their share of.the assessment for the improvement". Mr. Dante said they have added to this stipulation that such assessment based on construction required for the Wall Corporation prop�r_ty only. We f�lt tlzat any additional construction that might be necessary for ather homes in the area should not be assessed to the Wall Corporation. Mr. Clark asked if they would agree to the stipulaiion t�zat the ��7all Corporatian be responsible for any constructi_on th.at was.necessary to maintain or improve the outfall for this drainage district? Mr. Clark said ��e certainly are not going to a�ses� the ��all Corporation �or an outfall two mizes from here, but if in a few years from now, th� pipes would deteriorate for this outfall and �had to be r�ebuilt, the Wall Corporation caould be as,i�ssed as would anyone else in the same situation. The stipulation should say ' for this particular drainage district' which would include this property and quite a bit of the R-�l area in the surrouncling area . Mr . I'itzpatrielc sazd they would only be assessed for a portion of this improv�ment which is the p��ser�� City policy. . Mr. Drigans said that by adding ' for this partict�lar drainage district' , I think we can ask that the statement added on to the Wall Corpora�ion s�Lipulation that such assessment based on construc- tian reguired for the Wall Corporation property only, can be removed, � Mrs: Wahlberg said that in the event that the Wall Corporation shoulc� 5�-�� off the R-1 properi:y prior• to the development of the R-1 area, she questioned the statement tha� the Wall Corporation • should "F3ear fully the cost of i�hc total drainage syat�m"� as this � � stipulati.on states no�a. r1r. Clark said that when the R-1 lois are put up for sale, the Wa11 Corporation could add some of these costs to the sale of this property. Mr. Clark said maybe we should change ' this �.o read "n� no cost i�o the City". M1yor Liebl said he agreed ' witli this statement. , � � � � i � � �� .i Special Joint Meeting of_ the Planning Commission and Board of Appeals November 28, 1973 Page 11 Mr. Clark said the ne�:t item on the stipulations from a year ago, was traffic. Mr. Fitzpatrick said this item was not on the copy of the stipulations that the Commissi.on had. Mr._Clark said he knew it wasn't but he would read�the stipulation anyway. "Pay the cost of putting an addition�.l lane on 7th Street, starting 200 f_eet South of Mississippi Street to the Mississippi Street ri_ght of way, for a cost not to exceed $3,000." Nir. Clark said h� believed this was deleted because on the original proposal, there would have been,a lot more traffic on 7th Street. The second item under traffic lias already been done and that was to dedicate the Easter�y half of. the 5th Si�reet right of way along the West boundary line and accept thc assc�ssment for the improvement of 5th Street in accordance with normal City policy." Mr. Clark said Item 4 had to do with townhouses, which no longer applies, and Item 5 was on the old apartment complex. Item 6, Planned Devclopmei:t, states that "They follow alI City setback requirements alonq tlie boundary s-�reets of this developr'�ent, but the setb�,ck requirement within the deve]_onm�nt al_ong the R-1 and Tt-3.zaninq lines will be set up on the basis of a total development cai�cept. He said he believed thi.s ha_d more to do with the inter- mixing of townhouses with thE: apartment complex, and certainly �.he apartment complex and the R-1 housing will have to meet the present zoning requiremenf-.s for setbacks. . �Chairman P'itzpatrick said as far as traffic i� concerned, we . may want to have something in the stipulations for thE. apartment complex. Mr. Cl.ark said you could have this in the stipulations � for the apartment complex, but the R-3 property would orily have ��ess on 5th Street. Mr. Clark said the next stipulation is to provide lighted � walkways within the area. Chairman Fitzpatrick said this was for the othcr proposal also, and would not apply now. Mr. Clark � said they might want lighted walkways in the ponding area, or for j the apar-L-ment complex, but we don't have a plan for the apartment complex as yet. Mr. Fitzpatric]c said these could be stipulated on the }�uilding p�rmit, rat�her than the plat. � � Mr. Clark said the next stipula-tion was to provide an under- grounc', sprinkling system and coi__i�ct it to the City system with a timing device to use water at low demand periods. This was also made �:t the time there was going to be townhouses and apartments. The next stipulation was to provide a 5 foot sidewalk a`��7g � 7tli Strect, 63rd Avenue, and 5th Strcet, at least 10 feet �r.�. • the strcet curb. Chairman Fitzpatrick asked Mr. Clark i.i tl,�_: was a stipulation that would still apply now. Mr. Clark saici � he ie�l.s thai� sidcwalks are still necessary on these streets, but �ahether the �Vall Corporation slzould have to put them in for the R-1 area is anothc�r quesi:ion. We llad shown wal]:ways going through I this property on the R-1 loi�s, but the Plats & 5ubs Conunittee didn't tliink this was a good idea, so we do need the sidewallcs. � 7-k i. Special Joint Meeting of the Planning Commission and Board of Appeals � November 28, 1973 P�.ge 12 , Mr. Dante said he didn't think the Wall Corporation should have to put in the sidewalks for the R-1 area. Mr. Drigans asked about the R-3 area along 5th Street. Mr. Dante said if the City � required a sidcwalk in the R-3 area, they would put i� in. Mr. Clark asked if they would put it in for the one R-1 lot that abutted 5th Street also. He asked Mr. Dante if the Wall Corporation � would consider petitioning for the sidewalk for 7th Street and 63rd Avenue. This would then be a pending assessment on the R-1 lots and the people who purchased these lots would be aware of ' this assessment and it could be added to the financing of any •' home being purchased. He said if this assessmeht was added after the homes were built, it could be a hardship on the new owners. � � , � 1 i � , � � � �I � � I�Zr_. Harris said he agreed with Mr. Dante that �he R-1 would not be their responsibilii�y as far as the sidewalks concerned, but the Planning Commission is considering the plat, not just the R-3. Mayor Lieb1 said he felt the Wall should be responsible for the sidewalk on 5th Street. • lots were entire Corporation Mr. Dante said he thought the developer could come to the City and find out the requirements for developing this property. Mr. Harris said it was not in the code that every R-1 lot have a sidcwalk, so this would have be a stipulation of tiZe plat. Mr. Clark said we can make a stipulation for the sidewalks which would no-L- be bind�_ng on the Wall Corporation, until they sign an agreement: Mr. Clark said the next stipulation has to do with screening, berms and plantings. He said this had to do with the oriyinal proposal a1so. Mr.. Harris said there should be some screening b�tween the apa�:tment complex and the adjacent R-� lots. Mr. Dante said th�y had the stipulation't.o provide good landscaping, but they have left the screening out. Mr. Liebl said they didn't want any metal fencinq, but there should be some screening with plan�:ings, etc. Mr. Clark said this was al1 the stipulations of the rezoning. Chairman Fitzpatrick said there were additional stipulations on the City proposal. Mr. Drigans said they pertained to the present plan for this property. Mr. C1ark said �his is from a sheet preparcd on November 13, 1973. Mr. Dante said they did not come out of a meeting held with the Wall Cor_poraLion. Mr. Clark said they came �� from the Auqust 8th Planning Commission meeting, at the time you were getting ap�roval of the townhouses. " Mr. Dante because at that buildinq. Mr. said he thought tirne they were Clark agreed. they were a sma�tering of everything not discussing a 130 unit apartment Chairman Fii:zpatrick said we could go through these stipulat,ions and .see which oi�es still apply. � `J � , 1 , � � � � , � � � � � L,.J � ' �� Special Joint Meeting of the Planning Commission and Board of App�als November 28, 1973 _ Paqe 13 Mr_. Fitzpatrick said No. 3 states it would a1low.a 22 to 3 story apartment building having 130 units, etc., which is part of our problem because it hasn't been determined how many units will be allowed. Mr. Harris said that maybe we should discuss what type of apartment complex this will be and how many stories it will have. Mr. Dante said this would be determined by how many units they were allowed to have. Mr. Harris asked if there were 180 units, what kind of a building would it be. Mr. Dante said it would be a 3 story building with elevators. Mr. Dante said he thought this would be handled at the Building Standard � meeting, Mr. I-iarr�_s said this was a subcommitt:.ee of the Planning Conunission, so they could ask for this information. Mr, �'itzpzi::rick said the Commission could ask for this information, but it wouldn't have anything to do with approving the plat. Mr. Dante said the question is whether the nt�mber of units will support the _ amenities. Economics will dictate what goes into this apartment complex. , Mr. Drigans said they had agreed to these things when they wanted to have 155 townhouse units. Mr. Dante said it was the recreational facilities the City wanted that blew us out of t�e ball park on that proposal. Mr. Fitzpatrick said the first stipulation would be left out because the number of units hadn't been determined. He said the second stipulation was to keep the. apartment building within the R-3 zoned area. Mr. Drigans said this included the apartment building, garages and outside parking, Mr, Dante aqreed. Mr. Fitzpatrick said the next stipulation was to provide about 80 garage st�all_s which is a 1ittle over 1/3 of the total needed parking stalls. Mr, Clark said he would suggest they delete the number of stall_s and just say 1/3 of the total needed, because we don't know what 1/3 tiTill�be. Mr. Fitzpatrick said the next item was for providing recreational facilities�in the building, including indoor swimming pool, sauria, party room and exercise room. Mr. Drigans said the difference in the Wall stipulations is that they just say swimming pool and all this is at the disc�°etion of the Wa11 Corporation. Mr. Fitzpatrick ask�d Mr..Dante jusi� wher� the discretion came in, as to what kind, or what. 'Mr. D�cnte said it is the sam� as he stated before. If the number of units will economically support all the amenities here, i�hey would be put in. We don't know if we want an indoor or outdoor swimming pool, or maybe jusi� a whirlpool bath. Mr. Fitzpatrick said we can decide on the wording of thi�s stipulation at the time we make our motion. Mr. Fitzpatrick said the next stipulation was for keeping all the ponding and drainage facilit.ies outside th� proposed platted residential 1o�s. The upkeep and maintenance oi these areas are to be part of the apartmcnt complex. Mr. Dante said they have the same stipulaticn � , , , LJ � � � � � � � r � � � � l� . . , �� Special Joint Meei:ing of the Planning Commission and Board of Appeals Novemlaer 28, 1973 Page 14 on their proposal. Mr. Clar}c said he would sugqest that the ponding be at the 5� year flood level. Mr. Drigans said he thought this would depend upon the gradinq of the R-1 lots. Mr. Clark said this was probably the intent of the Wall Corporation anyway, but it wouldn't hurt to st�pulate what pond we are talking about. Mr. Fii�zpatrick said the next item was that the outdoor recreatidnal facilities will be two tennis courts, tot lot, •� picnic �acilities, skating area, waJ_king paths with li��hts, water circulation system in ponds with fountain. Mr. Fitzpatrick said that many of these apply to the townhouse plan, but his concern at this time is that we are talY.ing about an area thai� we are including �.s open area for density purposes in the R-3 area, and it seems to me we have to take into consideration that ther_e should be some facilities pr_ovided fcr the R-1 area. To say that there is no n�ecl for. a tot lot tor the apartment complex because you aren't going to rent i.o people with children does not mean t.hat � tot lot �aouldn't be needed for the R-1 area. We are talking her� about p7_at;t=ing the entire block. We have an ordinance tha�t 10� oi any residential development should be set aside for recx'eational purposes, so maybe just what form this sti.pulation should ta}ce should be discussed. The Wall Corporation stipulation just said i�he outdoor recreational faciliti�s will be.at the discr�tion of the Wall Corporation. 2 am not so concerned about th� specif_ic facilities, as I am in having an area. set asid� for tllis purpose. Mr. Fi_tzpatrick said if we are talking about preserving that gr.ove o�f tr_ees, we would have the.area. Mr. Dante said this area is 55,000 squarc fee-L-. Mr. Clark said that the R-1 lots were approximately 10,000 square fee�, so 23 lots wouZd be about 230,000 square fcet az�d l00 of that is 23,000 square feet, which is small�r than the land occupied by the grove of trees. Mr. Fitzpatrick sai� then there is no big problem as far as area is cancerned. Mr. Harris said he had a question on how all these recreational facilities cauld be p.ravided and still preserve the heavy grove of trees in-th� same area. Mr. Clark said he didn't know if this . was taken into consideration when the plan drawn by the City was made. There would have to be trees taken out for the tennis courts. There would also have to be some gradinq done, because where the tennis courts would be located, .it is �not Yevel. Chairman Pitzpatrick asked if there were specifics the Planning Conunission would wani. to discuss with Mr. Dante on these stipulations. , Mr. Clark said it cvould come back again to the amount of units that �aere going to be approved for the R-3. He questioned if 180 units were pui: in tlle P.-3, wherc i�he parking woul.d be. �ven for 130 uilits, the buildinq area is pretty well filled up with the building and the parking Ioi�s. IIe said he would concede t17at park�.ng could be pui� in the R-1 ponding area. The requiremcnt is for t�ao stalls for a i�wo bcdroom unit. Mr. Fitzpatrick said i�his would be one of i�he reasons for not having 180 units if the required ' ' . �� Special Joint Meeting of the"Planning-Commission'and Board of Appeals • Novemb�r 28, 1973 Page 1S � parking could not fit into the R-3 area. Mr. Clark said he couldn't say it wouldn't fit when he hasn't seen a plan. , Mr. Dante said there would be more than enough Iand in the R-3. We have recreational facilities and a 180 unit apartment building on 4 acres by Lake Calhoun. The area in tl�e R-3 here is 8z acres. I Mr. Clark said 4 acres is 174,000 square fee�. and you have 22f3,000 square feet in the R-3 area here. Mr. Clark asked how many parking stalls tr�ey provide for this 180 unit apartment. '� Mr. Dante said there were 220 parkinq stal�s. Mr. Clar�: � asY.ed how many bedrooms there were in this complex. Mr. Clark said if i�hey averaged out to two be�room units, it would require ' 360,par);ing stalls in Fridley. Mr. Dante said these were efLiciency apartment, one, two and three bedrooms, and it didn't average out to tG��o stal_ls per apartment. Mr. Clark said he thought they would � need about 270 stall here then, and you do have more room here, but without seeing a plan I can't commend on whether it would fit on this property or not. He said he didn'�. expect the Wall Cor- , poration to draw up a plan until they kriew how many units they could have. b�r. Fitzpatrick said w� just want to make it clear ta everyone that we don't want encroachment on the R-1 area. � � � L_] , � � L_ J , Mr. Drigans said b1r. Dante has alr�ady agreed to keep the buildir,g and al1 the garages and parking stalls on the R-3 properiy. Mr. Fitzpai�rick said the outdoor recreational facilities will be in the R-1 area. He said the n.�xt stipulation was if possible, preserve; the heavy grove of trees in the i�ortherly area of the property, and develon a picnic area and tot lot in thi.s location. Mr. Fitzpatrick sazd this is rela-ted to the previous stipul.atio�� and we have discussed it. � Mr. Drigans said this is noi� what the Wall Corporation has in their stipulation. Mr. nante said he would like to back up a little. He said the plan pr�sentec�� the Board of Appc�al_s was for 130 to 135 apartment units and 28 residential lots. The variance was from 2500 square feet per unit to 190G square feet per unit. - Mr. Fitzpatrick said the plan tae are considering is for 23 "residential lots. � . Mr. Dante said this was an alternate plan suggest�d by the Board of Appeals. There will be 130,000 square.feet in the unplatted R-1 and dividing it by 2500 squar_e feet you come up wi�h 52 units, and adding this to the 130 allowed with the variance, you come up with 182 units. Mr, Fitrpatrick sa�d you are going to necd the area wher_c� you had L-he additional 1ots, for density so there sl7ould be no problem in preserving tlie trees. � � ' [� � , ' 7-a Special Joint Meeting of the Planning Commission and Board of Appeals November 28, 1973 Page 16 Mr. Fitzpatrick said the next item is for providing a mFtal fence, if�necessary, to fence off th� area which will be part of the apartment complex, which we have already had some discussion on. We talked about not having a metal fence,-but somf 'screening should be provided between the apartment complex and the adjoining R-1 1ots. Mr_. Drigans said this should be part of the Building Standards stipulations. Mr. Fitzpatrick said the next item was � circulation and upkeep of the ponding area over.flow storage area to meet the drainage , j � ' � � _J � r � for proper water with the adequate requirements. Mr. Clark said in making your motion, the things you feel strongly about could be reconunendations, and the things you would just like to see'included in the plat, you could just ask that these t�hings be encauraged, especially some of the things the �ti7a11 Corporation is rather touchy about. The Council can then do as they wish, and there will_ be another agreement drawn up for this proposal. . Mr. I'itzpatrick said the r.eason the memb�rs of the Board of Appeals are present is becaus� they have before them a request for a variance on the density o� the R-3 property. � Mr. Drigans said the reason for the joint meeting is b�cause both the Commission and the Board felt we had to look at the entire plat before we could determine what ou.r recommendation should be. IIe said Mr. Clark had explained and given all the members copies of how the combination of the R-3 property and the unpla-tted R-1 proper_t-.y �eould allow a density of 144 units if the pro��rty had been all zoned R-3. If you take out the l0o park dedica�ion for_ parlc land, we are down to:135 units. Mr. Harris asked Mr. Clark wlzat was the lowest square footage requirement we had allowed befor_e on apartment complexes that had over 9Q units. Mr. Clark said it was on the 5 Sands comp.l��: of 295 units where a variance was granted from 2,500 square fc�et per unit to 2,374. IIe said this variance was �rationalized because�of the ��cessive right of way that was dedicated for East River I:oad and this property was all zoned�R-3. • A90TION by Harris, seconded bt) B1air, that the Planning Commission , close the Puhlic Hearing ot� the prvposed preliminary p1at, P.S. �173-09, by the W��11 Corpox�tion. Upon a voice vote, a11 voting aye, the mot.ion carried unanimous,iy. . . , , � � Mr. Harris said the density for the apartment complex is the overriding factor in the consideration of this Plat because so many of the stipulations depend ur� the the number of units thai. will be allowed. Mr. Fitzpatrick said rie fclt that wlzen we were goinc� through the si�ipulai�ions that ii the density figure was now agreeal:�]_e to tl�e tVa11 Corporation, it didn't matter wher� we put the lights or the sidewalk. � � � � � 0 i ' . � �� Special Joint Meeting of the Planning Commission and Board of Appeals November 28, �973 Page 17 Mr. Fiar.ris asked Mr. Dric�ans if they had made any motion at all on i:he density the Wall Corporation �aould be allowed. Mr. Drigans said the�- hadn't and had continued this request until tl-.is evening. He said the plat being presented by Mr. Dante was not thc plat he had at tl-�e Boar_d of Appeals rneeting, but was a sugge:ted alternative we asked for. .' Mr. Fitzpatrick said it was his understanding that the plat , the Planning Cammission was making their recommendations on was the plan being presented this evening. � � , � ' ,. . ' Mr. Drigans said th�.s was not the plan the Board of_ Appeals tabled their motion on. � Mr. Plemel said the way the variance request reads, I would say we wou]_d have to turn it do`•m, because it specifically states it is for 130 �inits and the density was from ?_,500 square feet per unit to 1,906 square feet. If cae recommend somethinc,r:different,. the variance r_equest will be changed. He said his sympathies lie with the developer on_this to make the property pay off as much as it can. Mrs. �ti'ahlberg said the reason th.is was tabled was because the City prepared the figures for the variance request, and Mr. Dant�e �aas not ready to accept these figures . Mr. Dante said it was meilt�ioned at the last Planning Commission � meeting that if the extra lots made by the cul-de-sac were taken out of the p1at, that perhaps more density could be allowed in the R-3 area. � � � � � i Mrs. Wahlberg said in using all the R-3 land and all the un- platted R-1 land and using a density of 1950 square fe�t per unit on all this property, tY�ey could have 184 units in the R-3 area. Mr..Fitzpatrick said the 1950 figures comes from a variance request for the R-3 pr.operty onJ_y, and it seems that our thinking is changing to figure the density on the combined R-3 and unplatted R-1 toq�ther, but wheL-her we would want to increase th� density by this much has i�o b� deter.mined. � Mr. Clark said the Board of I�p��eals can make any recommendation they want, but I question whether.the Council could app�`ove a variance of more than 1,906 on the R-3 property without sending out notices again. : Mr. Clark said you would have to arrive at a rationale that you were going to use to arrive at allowing this density. Mrs. Wahlberg said at the time they were considering this � variance recuest, it seemed like there were too many gray areas, so tliat it was impossible to malce a determination on what area we were to use. _ � 0 � � i � �' � � L� � � � � CI , 0 � � �. Joint Special Meeting of the Planning Commission and Board of Appeals November 28, 1973 Page 18 Mr. Lindblad said he thought we had to use the unplatted R-1 in our consideration because it is not going to be used for any other purpose but to belong with the apartment complex. Mr. IIarris said ther� had been agreement on 155 townhouses on this prop�rty and with the present proposal for 130 apartment units and 23 residential lots, we have abou� the same density as the townhouse proposal. Mr. Drigans said on that proposal the Council allowed more density than the Board oi� Appeal.s had recommended. Mr. Harris said if we are going to allow 180 ap�.rtment units -and 23 residential lots thi.s will be 203 units on this prope�'ty and �ahat is that going to do to the traffic patterns when this area had heavy traffic now. A'Ir. Harris asked Mr. Clark how much vacant R-3 property was left in the City. Mr. Clar}c said i�here is some property that would probably be best used for R-3 tlZat hasn't.been rezoned, but of the �zoned R-3 there isn't too much left. Mr. Harris said if we allow too high a density on this property, we could be setting a precedenee that we wouldn't want. Mr_. Harris said this is why I thinlc our recommendation should be based on our present zoning ordinance givi.ng them credit for the vacant R-l. r2rs. Wahlberg said the present figure for the R-3 property does no��. include the R-3 property included in the R-1 platted lots. AZr. Clark said this was correct. � Mr. Driqans said he still f�lt that when the 155 townhouse units were approv�d for. this site, that was the density this property could have.' Mr. Dante said the original proposal was for a 108 unit apartm�nt and 61 �Lownhouses which would be 169 units. He sai.d comparing the different proposals as to the number_ of units was like comraring apples and oranges. He said there would be a lot more profit in 155 townhouses than a 130 unit apartmen� buildin:g and 23 residential lots. � Mr. Drigans said he lilced th� concept of 130 apartment units � with 23 residential lots �oith no cul-de-sac road. Mr. Dante said i:hey would eliminate the cul-de-$ac road and put 180 units on the R-3 property. � � � i Mr. I'itzpatrick said it seems like the City is faced with the question of_ what densii�y it can bear on this property. Mr. Clark has reminded us that we should not vary too far £-rom thc ordiizance requirements w}licll we have made other buildcrs in tlZe City adhere to. � � � Joint Special Meeting of the Planning �ommission and Board of Appeals Nover:ber 2 B, 19 7 3 Page 19 MOTION by Blair, seconc?ed by Lindb�ad, that the Planning Commission recommend approval af proposed preliminary.plat, P.S. #73-09, by the 6aa17 Corporation as presented and a11ow a density � of 2,300 square foet per unit on the R-3 property and �nclude the vacant R-1 property, to a11ow 256 apartment units on the R-3 property. ' Mr. Clark said this motion would have to come from the Board of Appeals as it their tunction to recammend on the density. The Planning Commission would make the motion.on the plat. � � �� i � No vote was taken. Mr. Clar}c asked Mr. Dante if he believed they could break ground before January l, 1974. Mr. Dante said they could if they could build 180 units because they already h�ve the plans for this size complex. It would just be a matter af bringing in the elevations. . Mr. C]_ark asked about gettinq financing that soon. Mr. Dante said this plan is a known quanity because they have already con- . structed a building like this with 5uccess. Chairman Fit�patrick said the Plannirzg Commission would recess and let the Board of Appeals make their r�commendatis�n. MOTION by P1eme1, seconded b� Wahlberg, to t�ke off the table � the request for a,variance of Section 95.073, �A, Fridley City Code, to reduce the area requirement for apartment units from 2,500 squar.e feet per unit to ]_906.08 square feet per .unit, to a11ow construction � of a 130 units apartmetlt complex, by the Wa11 Corporation. Upon a voice vote, a1.Z voting aye, the motion carried unanimously. Mr. Drigans said this plat was not the plat they had tabled tr.e � motion on. This is an al-L-ernate plan. Mr.. Clark marked the.plat presented tonight as Exhibit A, dated � Nov�mber 28, 1973, so it could be determined what plan the Board of . Appeals and the Pl�i_rr:i.ng Commission based tlzeir recommendations upon. �I' � �� J , Mr. Plemel saicz because of the joint m�eting, that the unplatted R-1 may be used along with the the density of the apartment complex so I think we original request. . it has evolved R-3, in considex'ing have to deny the Mr. Drigans asked Mr. Clark if a denial of this request would mean that the S^�all Corporation couldn't mak� a similar requ�st for six montlzs. Mr. Clark said he wasn't sure if this held true on a variance re quest, but �o mak� sure, they shouldn't deny the rcquest. They could make a different recommendation and let the Council and the City Attorney decide the legal aspects. Mr. Drigans said he was thinking �bout Mr. Clark's stai:ement that the City ati:or.ney could support approximatety 130 units using the R-3 and the unpl�i�tcd R-1 so the density would be 2,500 square f.eet per unit, which is the code requirement if this proPerty was � � �� Joint Special DZeetinr of the�Planning Commission and Board of Appeals November 2�, 1973 Page 20 _ all zoned R-3, and that he would be hard presse� to support any add�it'ional uriits on this proper_ty, without rezoning. � Mr. Plemel said if we recommend 15G units we are_down to 1400 or 1500 square fcet per unit on the R-3, and I don't see how w� can recomm�nd that. � Dsr. Drigans said we are legally bound to put the units on the R-3 area, arid that's the only place we can put them. Mr. Clark sai_d you can rationalize how you�arrived at the � number of units you are recommending with the unplatted R-1 pr_operty. � Mrs. Wahlberg said the recammendation that Mr. Blair gave 'us said �ae could us� the vacant R-1 in our consideration for the density. � � �� Mr. Drigans said the variance can only be based on the R-3 property, so th.e more units �ae recommend, the higher density we are recommending reqardless of how much property w� are includ.i_nq i�n ou� consideration. ' � � Mr. Clark said to let the Council and City Attorney decide � on the legality of what you recommend and �-ahen you determine the number of units you. want to allo�l on th�.s property and your rationale for your recommendation, let �hem decide on ho�a this is to be � l�andled. If it has to come back to the Board of Appealsr it has to com� back. ' � � � � L� � Mrs. �Vahlberq said she thought the first thing,�hey should do is determine tlo�r many units they wanted to recommend. She ,ti.aid if we only allow 7.34 units and we use the R-3 area plus the vac«nt R-1, we ��aill be exceeding.the code of 2,500 square fee-L- per unit. I think we should use 2,500 square feet per unit on all this property that is not plattcd into R-1 lots and allow 144 units. This is based on the un�latted R-:l on Exhibit A, dated November 28, 1973. Mr. Clark said �f you just used the zoned R-3 property, the Wall Corporation could. only have 92 units. Mr. Plemel said th�re is a lot of R-1 property lying in limbo w?��ch we have to consider. He said he would like to go along with �.`' units as a compromise between 130 units and 180 units. Mr. Drigans said he preferred 144 units, so it would be at the code r_equirement of 2,500 square feet per unit,�if this property was al1 zoned R-3, and I think i:he City Attorney could defend this fiqur�. .' � � Mr. Drigans said he wanted it called to the Council's attention that this wotzld be in excess of the original variance request and they should determine �f this required re-notification. � � � . � ' ' � .. � � � � �� Joint Special Meeting of the Planning Camm�_ssion and Board of Appeals Novcmber 28, 1973 Page 21 MOTION by Wahlberg, seconded by Plemel, that the' Board of Appeals, in lieu of the variance request to reduce the area requirement for apartment units from 2,500 squ�.r_e feet per unit to 1,906.08 square feet per unit, to a11ow the construction of a I30 unit apartment complex, per Fridley C_ity Code, Section 45.073, 3A, recommend that the City Council consider that the raa11 Corporation be allowed thE constr.uction of a 144 unit apartment complex usinq a density of 2,500 square feet. per unit, using the buildable R-3 property and � a11 the u'np.ZaLted vacant R-1 property in this considerat.ion, baseci �on Exl�ibit A, dated November 28, .Z973, and that the entire apartment� / complex and parking �e located on the property zoned R-3. Upon a voice vote, a11 voting aye, the motion carried unanimously. The Planning Commission returned•and Mr. Drigans told the Commission what recommendation the Board of Appeals had made to the City Council. � MOTIOI�' b� B1air, seconded by Lindblad, that the Planning � .� • Commiss•i.on recommend to CGUI1ClI apprvval of the pro1�osed preliminaxy p1at, P.S. #73-09, by tlie W�11 Corporaticn, being a replat of the �ast Ila1f oi the Northrti�e.st Quarter of the Southwest Quarter of � the Southwest Quarter of Section 14, T-30, R-2�, City of Fridley, Coi2nt.y or Anoka, Minnesota, wit1� exception: be.zng based on Exhibit , A, dated November 28, 1973, with the following stipulations: ' ' � i � � . � , ' � 1. Provide a drainage pond on the said property as shown on the approved final p].an t✓hich wotzld receive the drainage from the adjoining p'roperties and drain the said property. The surface watex wi11 be stored in the pond during the razn and wi11 be let through with an overflow into the existing st�rm sewer at Bennett and 7th Street s.Zow.Zy after the rain storm subsides. The location of t.he perrnanent portion of the pond would not be any closer tr:an 100 feet from an� road right of way lines. The design of the . perrranent portio'n of this pond would be based on the 5 year fr.equency (8.2 acre feet) with the temporary �xpansion •of the pond to be designed for 50 _year frequency (12.0 acr.e fe�t: and the Iimi ts of the t€'mporary ponding around tile time of the rain could extend in to the R-.Z platted 1ots. Tlie water in tl�e permaner�t pond would be pun, ped up to a four�tain for aeration purposes to eliminate the stagnation affect of th� water zn thc �2ermanent pond. The bottom and the shoreline of the pond railZ be such that it is as maintenance free as practical and the whoJ.e shvrQline and the gr.ounds arourid the ponding area wi11 be lanciscaped. Z'h� design of the complete dr�inage arid storm sewer s�stem in tl�is propez-t� sh<�11 be approved by the City �ngineeran� Departrnent and storm sewer p'ipinq constructec? to the Cit�'s spccifications. City agr.ees the watershed area for this property sha11 not be increased. 2. Pr.ovide a drainage easement to t pondinc� area which will be under �ear design frequency including and ou�let. 1�e City of �ridle� watcr considerinn the storm sewer. • for the a 50 inlet . . • �� Joint Special Me�ting of the Plann.;.ng Commission and Board of Appeals November 28, 1973 Page 22 , , � � � � � � � ' � t 3.COUNCIL PLEASE NOTE: PLANNING COMMISSION REQUESTS THAT TH7S STIPULATION BE REIVRITTL•'N. Waive any liability against the City for ponding the k�ater on ihi.s property and drop an� pending lawsuits ayainst the City. 4. Set t-he lowest flood elevation of the walkout type home at Ieast 3 feet higher than the 50 year flood 1ine. The lowest floor elevation of_ a non-walkout type home will be no more tlian 18" into the 50 �ear flood .Zine with a grade eleva�ion at least 3 feet hiqher than the 50 year flood line. The lowest floor elevation for the ap��rtr,rent buzlding wi11 be no .Zower than 3 f.00t into the 50 year flood line with floodproof construction up to the 50 year flood. Rest of the stucture must be water-resistant construction. 5. At no cost to the Cit� the total drainage syst�m within the entzre pro��erty wi11 be developed. If in the future there is additional outict construction necessary for this drainage district this property w_i11 pay their share of the assessment for tlie improvement. . � 7. Ke�p the apartment building including garages and parking within th� R-3 zoned area. Prov�de garage stalls for 1/3 of tl�e total needed parking stalls. . 8. Encourage recreation facilities in the a�artment buildinc to inc.Zude indoor swimming pool, saurza, party room and exercise room. , . _ . 9. Keep a1.Z the 50 year 1eve1 ponding and drainage facilities outside the proposed platted residential lots. The upkee� and maintenance of theseareas to be part,of the apartment complex. , 10. Encourage outdoor recreational facilities such as twn te�iriis courts, tot.lot, picnic faci.iities, skating area, walkin.g . paths with 12gh�s. ' � , . � ' 11: Encourac�e preserving the heavy grove'of trees in the north- erly area of the properiy, and encouraqe developing a picnic area and tot lot in this�location. • I2. Required areas planned for public land uses, includinq scl�oo.Zs, parks, playgrounds and ot.her public purposes sha11 be offered•for ded.ication o'r sha11 be •- reserved for fui:ure public acquisi�ion. Slzould such p1��ned public are�s be more than 10 percent of the qross area of the 1��nd to be subdivided, 10 percent of the area sub- divided sh��z11 be offered to dedicaLion and the �'emaitlder. ' reser.ved for a period of two years duriry �vhich time . - . �� , tSoint Special Meeting of the Planning Commission and Board of Appeals November 28, 1973 Page 23 t1�e City or othex public body may buy such 1and. Should planned public areas be less than 10 per cent of the gross area�in the purposed subdivision, a cash payinent equivalent to the difference in land value sha11 be paid into the park fund. 13. The Wa11 Corporation to install the sidewalk on Sth Str_eet ,for the R-3 property and R-1 Iot adjoining this property anc? petition the City for sidewalk for the balance of '� 5th Street, 7th Street and 63rd Avenue. 14. The R-3 property and the unp.Zatted R-1 propert� a11 be - platted as one 1ot. . � Upon � voice vote, a.Z1 voting aye, the motion carried unanimously. Chairman Fi�zpatrick a•djou.rned th� meeting at 1:20 A.M. Respectfully submitted, �-��C� .��:.�� .1�-�';T�-a�---�.� . Dorothy Lv��"son, Secretary ' 0 � u ' � �� ' , � ' � � � ' ' ' ' i 1 TH� P1INIIT�S Or TII� BOAIZD OF' APPEALS SUl3COT1MITT�E M�ETING � OF •NOVF.1�113ER 27, 1973 , The meetin� was ca].led to order by Chairman Drigans at 7:45 P.M. MEMi3ERS PP.�SLNT: Drigans, Gabel, Plemel MEr�3El:S AT�S�NT: Cxowder, Wahlberg OT1iEP.S PRES�NT: Howard riattson-�ngineering Aide MOT]:ON by Plemel, seconded by Gabel,.to approve the minutes of the NovemUer 13, 1973 meeL-in� as written. Upon a voice vote, there being no nays, the motion carried, � . 1. A REQtIrST I'OR n V�I'�:L�IdCr OF SI,CTION 45.073 lA, FP.IDI.I;Y CI7°i' CODT, TO I:TDUCr TH� [�.R�A A:E� IT7_RI;'�Ua'iVT FOI'. A1'ARZi•iE:�1T U\'ZTS I�RC'�1 2, 500 SC�UAPI� 1'E�T P�P. Ui�IT TO 19C�G.08 SQU�'��;1. 7�rL'l' Pl�'.: U.:IT TO ALTO�d T.II; COi�S7';:IJCTTG:� OT' L1 130 U\IT Al't1I':li�ll:;itT - COi�IPLi�7� C)i�' 'iilT SOLT`f'H 698 I'];+,T OI, TiIE I��O��TH 1066 1{I,i;T 0�' TIIL i�'I.ST 385 � i;�T OI T1IE EAS`1 �L�I:,F Oi '1'i?i� T;OP.`J'1ILAST QUAi�'.ti�R Oi TIIE SOUTII[?L:ST QUA?:TrP. OI� SI:CT:COi� l�; , T-3_0 I:-24, l�t�;Ji:A CCi'J:�::�`'; 1�:.�C;:PT 'l1I?� l��l?ST 30 T'I'sI'si TA}:I:\ I�OR ST%.i:l.`l' 11\'ll U�'IT,CT'Y PUI:1'OS1;S, TIIE SA'iB ,;�?I`;G 6401-57'II S��i�}�LT :�;.L., 1�RII�LI;Y, TiIi�NT�S01'ti. (RLQUi;ST EY WALL CO]:POI�TION, �3030 CEDAI: ACrEi�[7E SOuI'H, BL00'1IP:UTO�', I�Il:iv'�I:S�JTA. ) Mr. Rudolph Daiite was present to present his request. MOTION by'Gabel, seconded by P1em�1, to remove this item from tabJ.e. Upon a voice vote, there bein� no nays, the motion carried unanimously.. � Chairman Dri�ans explai.ned this item had been tabled by t11e Boaxd at the last meeting because the I3oard thnught they should see the applicants plot plan pxoposal. IIe sa7_d since the last m�eting, this item �oent before the Planning Conunission and t�ao alternatives to the proposal were brought up . Cahich the Plannin& Corrn�i.ssion aslced the CvTall Corporati_on to consider. He said � the alte.rnatives were; 1. Using a1l.the R-1 area as open space and building a larger aPartment. 2. Delete the lots included �aith the cul-de-sac and take � the financi_a7. difference and apply to more apartment units which tl�e Planning Conimission thought would bring L-he total to about 160 units..Chairman Drigans aslced Mr. Dante if they had s�udied the t.wo altexnatives. Mr. Dante answered that the Planning Com.mission had asked Jerry Boardman to checic to see if the C�ty utilities could support the amount of units if alternative �r1 was usecl and since the ti�T111 Corporation had not heaxd from Mr. Boardman, they dicl not discuss this alternative. Mr. Dante present�d a plot plan to the Board that incorporated alternative ��2. He said the Pl�nn�;ng Conunission had approved 28 R-1 lots and they are proposing 23. 1Ie said the R-3 constiucLion will occur only t��itliin the area of the site zoned R-3. He said the aa-ea used to compute tlie density of the R-3 area is the � land zoned r.-3, plus �,ppro�:imately 62,350 squ�are feet o� paxlc area north �f the 'R-3 area, and appro:�imately 77,400 square fe�t of paxlc and ponding area east of the r.-3 area. �Te said the total area to be computed is 368,725 square fcet and wlien this fi�ux'e is divided by 180 units you come up �aith 2, 048 plus square feet oi land per unit, lIe said this is the vlrzance requcsted. Iie said the balance of tt�� site is pl��.tted for tl�e 23 1:-1 lots. }Ie said all of tlie lots meet or exceed tlie Code xequirements. He said the rest of the land will be used for tlie library. 0 � � - 8A The Minutes of the Board of Appeals Subcommittee Meeting of November 27, 1973 , Mr. Dante said the City's request was for 1906 square feet per unit and they have now com� up with a proposal for 2Q48 plus square feet per unit. Chaiz�nan Dr3gans said the Planning Commission had discussed 160-165 units and ' now it seems you are up to 180 units. iSr. Dante said the figure of 165 was just a figure Chrown up for discussion. Mr. Dante then told the Board about their othex apartment Uuilding in Minneapolis � that has 181 uniLs on 4 acres of land and is not congested loolcing. He said hea-e we have 180 units on 8 acres of 1and. ' Chairman Drigans �eslced if the parlcing requirements could .be complied with � having that many units and T1�. Dante answered that they could comply witti L'he parkind. � � � , ' � �_� � � � ' 2. � � � � �� -Chairman Drigans asl.ced i_f the �arages taould be in the R-3 zoning area and Mr. Dante ans�aered the total construction o� the builcling and covered garages will be only on the I'.-3 axGa. . Chaii-�nan Dri�ans a.sked if the City services could handle a complex of this size and rfx. Dante ans�aered that his architects had checked on this and it could suppo-tt this number of units. • . � . Mr. Plemel aslced abaut the covexed garages and Mr. Dante explained there �aill be 135-150 covered �arages witli radio controlled doors. He said this will have more security and be more desirable ior our type of. weather. Chairman Drigans stated the ponding ar.ea loolcs different ori the new plot plan. Mx. Aante replied it has been drawn different but the 12 acre feet foz ponding is still the same. Mrs. Gabel aslced if the Planning Commission has seen the revised plot plan. Chairman llrigans ans�oered they had nat and suggested having a special joint meeting tornorrow niglit (I�ovember 28) bet�aeen the Baard and the Planning Commission to go over the revised plan. MOTION by Gabel, seconded by Plemel, to continue this item until tomorrow n�ght (Nov. 28) to have a special joint meeting with the Planning Com,�nission. Upon a voice vote, thexe being no nays, the motion carried.. A REQUEST }�OR t� VARIl�NC� Ol S�CTION 45.13�� 413, FRIDLL'Y CITX COD�, TO REDUC� THE RE U:CRJ:ll SID� 5'l'ar.n S�.TB�1C1� 1'RG�1 ?_0 FEr'7' T� 71;R0 FE�T, AND SECTION �f5.134� 4C, TO F�DUCIs �L'IIE PIl'I�I:,�IITi•S l:T!1�: I'l17:D 1�P.O�f 25 I'I:I:T TO 24.5 I'�ET, A;�rD, S�CTION 45. 135, ].T_�, 42 TO Ri�:DL'C1� 1IiL ;II\Ii�II�Tf SE'1'13:,CK Ol� OI'T-STRi.rT. P�R);IP�G 1 P�0�1 5 FL''�`l' TO '1'li; i�L�1IN 1itI7LDI\G TO lLJ�O I'L1�7', TO [�LT OW '1'lIE CONSTI�UCTION OF A W�1Rl:lIOUSL TO 11E I.00��Ti�,D OI� LO'.CS 1_6 , 17 ,], i3 L\Nll 19 , 3�LOCI� 1, ONi1[dt1Y ADDITTON, T��tl� SEu��1L Pls'T\G 7�u93 EL�i STR�I;'i' N.l:., I'1:IDLl��', TIIN�,`�SOTA. (1.:1;QU�ST liY i't�CO r'l.ASON7:�', IIiC. , 5920 �:Zluaaoov Ln;�l? NOI:TII, AII`,NLAl'OLI5, t�1INNESOTA. ) Mr. Gexald I'aschke zna rsr. �laynard �dson were presenL- to present the request. MOTION by Plemel, seconded by Gabcl, to waive reading the puUlic hearin� notice. Upon a voice voCe, ttiere being no nays, the motion carried. 1 ' ' � - - " Pas 8 � The Minutes of the Boaxd of A�peals Subcommittee Meeting oS: NovemUer 27, 1973 Mr. Paschke,explained they are planning to build 3 buildings which they thought had been L-o.and approved by all of the committees but when they came in to pick up the building perniit for tliis building, they discovered only t��o of the buildings had been processed. He said this building is identical with the building at 7880 Plain Street only flopped over ta face �lm Stxeet. Mr. Plemel asked if the variances on this request were the same for the other , two buildings and fox the Harstad Company building and Mr. Mattson said the variances for cach building were all the same. � ' , i �� I � Mr. �dson st�.ted the building at 7880 Main Street is up already and the way their mortg"ages are set up, this building has to Ue built next. Mr. PlemeJ. astced if 7880 Main was sold yet and iL they have a buyer for this building, Mr. Pasclilce said this Uuilding is speculative yet and the other one has been sold, Mrs. Gabel aslced �ahat 9.s built across Elm Street from this property and rir. Edson said it is a11 vacant land. 0 Mr. Edson presented a list of the signutures of the adjoining property owners . to the Board, which stated they had no objections to the variances. ri0TI0N by Plemel, seconded by Gabel, to receive the above mentioned list of si�natuzes, Upon a voice vote, tliere bein� no nays, Llie moL-ion caxried. The Board then located each vaxiance on the plot; plan, Mx. Plemel noted one I variance {to reduce the mini�num front yard setbacic for off-stxeet parking from 20 feet to 13 fcet) had been omitted in the puUlic hearing notice, but this variance had Ueen approved on.the oLher two requests. � I � ' � ' ' �l � � Mr. Paschice stated they are aslcing for a side yard variance on Lot 19 of �Y'OIIl 20 feet to zero feet but that they have bought: Lot 20, and he sho�aed the deed to the Board. He said tliey mi�ht later �aant to build on a 20 foot addition but without the vaa-iance, Lot 20 woul.d be unbuildable. MOTION by Plemel, seconded by Gabel, to cl.ose the public hearing. Upon a vo3.ce vote, there being �o nay's, the moi;ion cazried. MOTION by Plemel, seconded by Gabe1, to �ecommend to the Council, appxoval o£ the variances, includin� L-he additional variance that was omitted, with the stipulation i:l�at amended publi_c hearing notices be sent out to the adjoining prope�:ty owners so if they have any objections, they can voice them at the Council meeting. Upon a voice vote, there being no nays, the motion carried. � ' , ADJOUP I��1EN T : The meeL-in� was adjourned Uy Chairman Dri�ans.at 9:00 P.M. Respectiully submitted, O �� r�nzzl' liIN7:�._ Secretary 0 I I � 0 REC�IVTNG THE MINUTES OF THE gUILDING S7ANDARDS DESIGN CONTROL SUBCOMMITTEE MEETTNG OF DECEMBER 6, 1973 (Minutes will be available on Monday evening) 0 � � ' ' ' , ' ' ' BUILDING STAIVDARDS-D�SIGN CONTROL SUBCOI�4MITTEE MEETING OF DECEMBER 6, 1973 The meeting was called to order by Chairman Lindblad at 8:07 p.m. h1EMBERS PRESENT: Lindblad, Tonco, MEMBERS ABSENT: Simoneau OTHERS PRESENT: Jerry Boardman, Treuenfels, Cariolano Planning Assistant MOTION by Treuenfels, seconded by Cariolano to approve the minutes of the meeting of November 8, 1973 as written. UPON A VOICE VOTE, all voting aye, the motion carried unanimously. 1. CONSID�RATION OF A REQIIEST TO CONSTRUCT A\ElV BUILDIh'G FOR OFFICE AND �1��1REfI0USE iJSE, I,OCAri'ED O�I LOTS 16 - 19, BLOCK i, 0\AI'dAY ADDITION; 1'I�E SF�1�tE, BEING 7893 EL�I STREET I�.E., FRIDLEY, i��lINI�ESOTr� 55432. (REQUI:ST BY PACO ��1SONRY, 5920 KIRKi'e'O011 LA:tE 1�Oh'TH, I+1ItNEAPOLIS, T2I\\ESOTA 55442) Mr. Jerry Pascke and Mr, Maynard Edson were present for the request. The gentlemen stated that the building would be identical to the building ' that they built on 79th Avenue and Main Street. The plan has just been reversed and the buildings will sit back-to-back. ' CI ' L� ' ' ' LJ ' , Mr.Lindblad asked Mr. Boardman if there is any difference of any type in this building compared to the other building. D9r. Boardman said there is no difference, the same material will be used on the exterior and Paco has gone through the Board of Appeals for all of the variances needed. T4r. Boardman asked if they had done any type of grading. Mr. Edson said they h ad done some rough grading. Mr. Boardman said he would like to see some type of berming done on this location and also some done on the previous building location in order to tie the landscape plan with their neighbor, Mr. tiarstad. Both Mr. Pascice and Mr. Edson said they had plQnty of material to work with for the berming and would give it a try. �4r. Pascke pointed out that they had some very nice clusters of trees along 79th Street and Elm Stxeets and that he did not want them to be destroyed. I�ir. Boardman agreed and said to try some berming wherethere are not any trees, perhaps in the area in front of the trees along Elm Street and along the side of the building facing I�9ain Street. The men agreed to this idea. � A9r. Tonco asked about the driveway. Mr. Pascke said the original plan showed a slanted driveway, but the new plan straightened out the driveway. b4r. Lindblad asked about the drainage plan. Mr. Pascke said the driveway sloped in such a manner that the water will drain out to the street and the entire area drainage plan is being worked out by Comstock F� Davis. . Mr. Lindblad asked r1r. Boardman if thexe was any paxking problem. T1r. Boardman said he did not believe that there was a problem, but wanted to check the file on the previous building. I�Sr.. Lindblad asked if there was any type of roof equipment. D1r. Edson said an air-conditioning unit would be on the roof. r1r. Lindblad said this would have to be screeried so as not to be seen by the public eye. Dfr. Edson said the unit will stick up approximately 18" and be back from the edge of the building a good distance and the only way the unit would be seen is if you were in an airplane. b1r. Lindblad said in.that case the unit would not have to be screened. �� . . ' ' , , ' ' , ' ' ' , ' ' , ' ' � ! ' � ' BUILDING STANDARDS-DESIGN CONTROL SUBCOi�g4ITTEE MEETING OF DECEMBER 6, 1973, Pg. 2 Mr. Boardman returned with the file on the previous building. He said there was no parking problem. He said they also had stipulated 8" x 8" wooden guard rails on the previous building to protect it from the cars, screening for out- side refuse be provided and a 5' low maintenance strip'be provided between the alley and the driveway. Mr. Tonco said he did not like to see the guardrails attached directly to the building, but since this was what was stipulated on the previous building, then he felt the Board should put the same type of stipulation an this buildir.g. r4r. Pascke and Mr. Edson both agreed to these stipulations. The Board asked if the block would be painted along the north and south elevations. Mr. Pascke said yes. The exterior on the rest of the building is a brick veneer. The Board included the rest of t he stipulations as imposed on the previous building on this�one. MOTION by Treuenfels, seconded by Cariolano, to recommend to the City Council approval of the building with the following stipulations: 1. 8" x 8" wooden guardrails b e placed on the building between the parking stalls and the b uilding. 2, Any designated outside rubbish area to be screened. 3. Adopt drainage plan as worked out by Comstock F� Davis. 4. Have a final security light plan for Council. � 5. 6" x 18" poured concrete curbing along driveway. 6. Provide a 5' low maintenance strip between the driveway and the alley. " � 7. Berming to b e done on the two building sites to be left up to Paco's discretion. UPON A VOICE, all voting aye, the motion carried unanimously. 2. COVSIDERATION OF A P.EQUEST TO ALL019 PLACEP�SENT OF A PRE-CONSTP,UCTED SAI.,ES UNIT LOC�T'ED 0�� LOT l, BLOCK l, SYLV:��t tIILLS PLAT 7; 'I'f-iE S�IE BEI\G 24$ b1ISSISSIPPI S'I'F:E�:T, FRIllI.El', PIIN\ESOTA. `I'fIIS BUILDING R'LLL BE USED POR IZETAIL Pf�I01'OFINISHING A�\TD FILAt 5:1LES. (REQUEST BY MOTOFOT'0 OF A;'�1LRICA, INC. , 7851 PIE'fIZO P:�RK {tiAY, SUITE 306, ;�1IN�\EAPOLIS 2�fIN,h'CSOTA 55420) . " . Mr, t�9orton Sleet was present for the request. . Mr. Sleet said the unit is the exact same one they h ave b een using in the Fargo, North Dakota area. They are on their second winter there. He explained the set up very briefly. The company estimate� lz minutes per customer, 30-40 customers a day, open 6 days a week from 9 a.m. to 9 p.m. The building is 4' wide and 8' long, rests on a118' concrete slab with a planter on both ends that will be filled with plants suited for local conditions. � . � � � � ' � � � ' " '. ' ' ' ' ' ' ' ' ' ' ' BUILDING STANDARDS-DESIGN CONTROL SUBCOMMITTEE MEETING OF DECEMBER 6, 1973, Pg. 3 Mr. Lindblad went over the stipulations that were p2aced on the request at the Planning Commission meetii�g of December 5, 1973. 1. Supply a signed agreement for use of a sanitary system within 200' of their building. Mr. ;�lorton presented a signed agreement between Motofo`c� and Alpen Tram, 238 Mississippi Street. 2. If the building is removed from the premises, the site will be restored to its former condition. . . 3. All,utilities be underground. 4, Trafiic plan be worked out with the City. 5. Stripping and arro�as be provided to aid. in traf£ic movement. Mr. Lindblad said the building met with City code requirements for construction Mr, Mortion said they follow the National Building and National Electrical Code for their buildings. Mr. Boardman brought a plan forward that he and Mr. Morton had worked out to solve the traffic flow problem. Mr. Boardman said there would be a 3' area for stripping, 10' dxiving aisle, 5' area for the cement slab, 10' driving aisle and another 3' area for stripping. He also said the City would like a 2S' driving aisle b etween the present structure's sidewalk and the 3' stripping area. (The present structure is Rice Plaza) This would allow the traffic to drive up to the building in the 10' driving aisles and go around tYte building and exit on the 25' driving area. The Board asked if there would be any type of si;ns other then what was on the building itself. Mr. I�4orton said no. MOTION by Cariolano, seconded by"Tonco, to recommend approval of the structure with the following stipulations. 1, Z£ the Building is removed from the premises, the site will be restored to the former condition. 2. All utilities b e underground. 3. Traffic plan be used as set up by the City. 4.• Stripping and arrows b e provided on the blacktop. UPON A VOICE VOTE, all voting aye,•the motion carried unanimously. 3, CONSIDERATION OF A REQUEST TO CONSTP.UCT �V'V APARTTtEVT CO`�SPLE� LOCA'!'f;D ON 'I'IiL'- SOUTii 6�b FEET OF Tl�F: \ORTH 1066 FEET OF TfII: tti'ES'� 3$S FF�T Ol� T(iL• LAS': HtIL� OF THF: NORTt1EAST QIIARTER OF THE SOUTiItVEST QU�\RT1;R OF SECTIOV 14, T-30, R-24, AIvOKA COUNTY, EXCEPT TtiE t`'EST 3Q FLE'r TE�KE:�i POR S'1REG"I' �Vll U"CILITY PUItPOSES; "I'IIE Sll'�lE f3EING 640?-5Tii ST}:f;1:'I', FRIDI.rY, �11N.�ESU"!'A 55�133. (RF.i�ll::ST Ul' lt':ILI: CQr'.PORl�'fION, Qnsn cF�i�f�a AVI?y[1Fi SOUTfi. BL00�lIN(�'I'ON. �IJ��ESU`CA). � . ' , ' ' . ' ' BUILDING STANDARDS-DESIGN CONTROL SUBCO�iMITTEE MEETING OF DECEMBER 6, 1973, Pg. 4_ tiVa11 Corporation, by request, was.put on the Special meeting of Building Standards-Design Control on December 13, 1973. . r40TI0N by Cariolano, seconded by Tonco, to table Wall Corporation until December 13, 1973. L� UPON A VOICE VOTE, all voting aye, the motion caxried unanimously. CO\SIDERATION OF A REQUEST TO CO�STRUCT f�.N AnDI1'IO`] FOR USE AS A�',!��Z�HOUSE ON THE PRESEN'i' E3I7ILDI\G i3OCATED ON LOTS 1-8, BLaCf: S, ONA;VAY �,DDITiQ�; TI�E S:�'�'� L'EING 7756 BEECF{ STREE'F N.E. , FRIDLEY, r1IiVNESOTa (REQUi;�T B1' RO`:.ALD S�IITII, 77�;6 BEECfI STR�E�I', rRIDLEY, P•tI�\ESOiA 5543?) . r4r. Ronald Smith was present for the requESt. ' � Mr: Lindblad a.sked about the design on the outside of the building. � rRr. Boardman said he had made a.few changes on the plan that Mr. Smith had brought in. He said he had talked with Mr. Smith about this idea and Mr. Smith seemed to agree. These changes are shown on the plan eleva�Cion th3t was � presented and approved at the meeting. , h4r. Tonco asked what type of flashing was used for the top of the addition. ' � Mr. Smith said a galvanized metal, painted, would be used to match the same used on t�.e present structure. . , Mr. Lindblad asked if there was a parking problem. Mr. Boardman said that he would meet the paxking requi.rements with this plan but it should be stipulated that if and when Gumwood Street is vacated, he will provide extra parking stalls , in the vacated area if the City feels that extra parking stalls are needed. Mr. Tonco asked if Mr. Smith would agree to this. Mr. Smith said he assumes that Gumwood Street is going to be a gift, and he really does not care if the area is used�for extra paxking. Mr. Smith did agree to this proposal. Mr. Boardman , said this parki.ng area would be an additional value if and wher, Mr. Smith should decide to sell his building, as future o�:�ners would have enough parking stalls. �� i Mr. Tonco asked if there would b e any ofiice space in the addition. b�r. 5mith said it will be only located in the present structure. Mr. Boardman presented a list of stipulations th at the City felt should be imposed on Mr. Smith. They are: 1. Agree to all landscaping as shown on approved plan. A4x. Smith agreed. 2. Agree that all storage of material and equipment will be inside, 1�1r. Smith agreed. 3. That the present loading areas on the north side of the existing ' building will no longer be used and all loading and unloading will be done inside of the new building, T1r. Smith agreed. II� �._1 ' , � ' � CJ ' BUILDING STANDARDS-DESIGN CONTROL SUBCODIMITTEE MEETING OF DECEMBER 6, 1973, Pg. S 4. Provide easements to the City for the westerly 10' of Lots 16 and 17, Block 7, Onaway Addition. This would allow the City to go onto Mr. Smith's land to service the sewer that lies here. It would not impair the use of this land by Mr. Smith. A4r. Smith said his lawyer, W�man Smith has these easements.. 5. Drainage plan be worked out and approved by the City, A4r. Smith agreed. 6. Any outside storage of waste material must be completely screened, the City would like to see it inside. Mr. Smith said this would be inside. 7. Roo£ equipment, if any, must be screened, Mr. Smith agxeed. 8. All curbing will be 6" x 18" poured concrete curbing, I�9r. Smith agreed. 9. Additional parking on vacated Gumwood Street b e provided if the City deems it necessary, Mr. Smith agreed. M�c. Boardman also asked to have the following two items stipulated, Mr. Smith did not give a formal answer. � 10. Letter from Houser approving the vacation of Gumwood Street stating that he will not sell oif any of the property with no access. 11. Letter from Ron Smith approving vacation of Gumwood Street. � The following stipulations asked for by Mr. Boardman were not agreed upon by 1�1r. Smith, as there is an internal problem that Mr. Smith and the affected companies must agree on. The one stipulation called for signed agreements to ' provide joint parking between 7713-15 Beech Street (Sperco Tool, Ronald Smith) and 7733-55 Beech Street (Assurance Mfg.). N1r. Smith felt that Assurance Mfg. should pay for the blacktop driveway and parking area as their employees are the ones parking all over the.area and causing the probl-em. P�Ir. Boardman and � the Board fel�: that this problem of paying for the parking lot would have to be decided b etween Assuxance and Iton Smith, and that they could not make a decision on this matter. A1r. Boardman said that the City does not care who pays for the , work so long as an agreement is given to the City stating that there is a joint parking area agreement and that Ron Smith will not cut off the access to the parking 1Qt of Assurance (Driveway leading to Assurance Mfg. is all but 2?' of . ' Smith's land). Mr. Tonco recommended th at perhaps the City Attorney could aet as a mediator b etween these tcao parties so that some type of agreement could be given. b4r. Tonco also said that he wants it stipulated that before a building permit is given to Ronald Smith for his addition to 7786 Beech Street th at the 1 City must have in hand a signed written agreement between the parties resolving� this problem of parking between 7713-15 and 7733-55 Beech Street. Mr. Tonco asked Mr. Boardman if h e could b ring this to the attention of ttre City Attorney. r-� �J ' ' � The Board was not sure of the legality•of this stipulation, but thought it would at least get the b all rolling fox the improvement of this area. � The other stipulation th at Mr. Boardman presented was for a signed agreement to provide parking and landscaping for 7795 Beech Street and 7713-15 Beech Street with completion dates. Mr. Smith would not give an answer here. The Board felt that since the items.that Mr. Smith would not agree to would � ' ' i � � - ' ' ' ' , � , ' ' �' � i i 0 BUILDING STANDARDS-DESIGN CONTROL SUBCODM�IITTEE MEETING OF DECEMBER 6, 1973, Pg. 6 have to b e handled between the affected companies and possibly the City Attorney, that they could�make no further recommendations. MOTION by Tonco to recommend to Council approval of the addition with the following stipulations: Seconded by Cariolano 1• Use landscaping plan on approved plan. 2. Al1 storage of material and eauipment must be inside. 3• Loading areas on the north side of the existing building will not be used and longer and all loading and unloading wi11 be inside o£ th e new addition. 4• Provide easements for the westerly 10' o£ Lots 16 and 17, Block 7, Onaway Additinn. 5, 6. 7. 8. 9. Drainage plan be worked out and app�oved by the City. Any outside storage of waste material must be screened. Roof equipment (outside) must be screened. 6" x 18" poured concrete curbing be used. Additional parking on vacated Gumwood Street b e provided if the City feels that it is.needed, 10. Letter from Houser approving the vacation of Gumwood Street stating that he will not sell off any of the property with no access. 11. Letter from Ronald Smith approving vacation of Gumwood Street. The Board strongly recommends that the C.ity Council not issue the b uilding permit for 778b Beech Street until the City recei:ves a signed written agreement stating that an agreement was reached for providing joint parking between Assurance Mfg. and Sperco Tool, the City Attorney to act as mediator. Also that an agreement for landscaping b e provid�ed to the City for 7795 Beech Street. UPON A VOICE, all voting aye, the motion carried unanimously. Chairman Lindblad adjourned the meeting at 9;40 p.m. �spectfully submitted, / >�,/ � . - L'Ic�[.i�-t�./1 . v��'�� Paula Long, � Secretary MEMO T0: MEMO FROM: SUBJECT: DATE: � Honorable Mayor and Councilmen City Assessor (Real Estate Purchasing) Parkland in Veit's 2nd Addition. December 7, 1973 ?he above property title has finally been cleared - thanks to the help of our City Attorney. Mr. Veit claimed that his understanding was that the City would pay the 2nd half of the Rea1 Estate Tax bill. This was not the agreement as my memo to the Council dated June 14, 1973 indicates. But I discussed this with Mr. Qureshi and it was agreed to allow an extra $100 to get Mr. Veit to sign the deed. Therefore, we need the approva7 of the Council to cover this negotiated price. The total for the second half tax bi11 including the specials was $944.38. Of this, $161.35 was estima�ed for these two lots far specials and the base tax is estimated $92.28 for a total of - $253.63. I be�ieve the extra $100.00 is justified by having possession of the $'�,000 from June until r�aw and not by agreement to pay any part of the 1973 tax bill. �� ' �� 0 MEMO T0: Honorable Mayor and Councii - City Manager-Mr. Gerald Davis MEMO FROM: City Assessor-Mervin J. Herrmann SUBJECT: Park Land - West of East River Road - South of Mississipp� DATE: June 14, 1973 � ► I have today entered into an agreement with Arthur Veit to purchase Lots 2 and 3 in Proposed Veits' 2nd Addition. This land is planned for Park Department use. � ' I have 'negotiated a price of $4500 per lot plus the balance of special assess- ments after the seller has paid the taxes due in 1973. The specials for the two , lots amounts to approximately $1509.07. Therefore the total price would be ' $9000.00 plus specials or about $10,500. The terms of the sale would be for the City to pay down $2864.20 on a Contract , for Deed and 6135.80 in January of 1974 to receive our warranty deed. $ These figures are based on the following; On page 137 of the 1973 budget there is the item of land - Priority #3 Rice Creek Road Area $9700. Mr. Davis, Mr. Brown and myself inet about funds. I was told that the cost to aquire the Hamilton Park land (39.90) and the specials $4295.90 were to be drawn on the #3 Priority account. Also the Council had approved $2500 of this Priority for the Brauer Stu�y• Therefore I have negotiated a price on Lots 2 and 3 of Veits' 2nd Addition at above mentioned terms. � ESCROW AGREEMENT STATE OF MINNESOTA) ) ss. COUNTY OF ANOKA ) This agreerr�nt rnutually entered into this 5th day of December, I973, by and between Arthur T. Veit and the City of Fridley, a munic�pal corporation located in the County of Anoka, State of Minnesota. WHL'REAS, Arthur T. Veit is the fee owner of Lots 2 and 3, Block 1, Veit's 2nd Addition, Anoka County, Minnesota; and WHEREAS, the parties hereto have entered into an agreement whereby Arthur T. Veit has agreed to se11 said Iots to the City of Fridley for the sum of $9,000.00; and WHEREAS, the City of Fridley has agreed to assume a11 special assessments after the seller has paid the real estate taxes due in 1973; and • lOB WHEREAS, in order to deliver good and marketable title to sai.d property, it is necessary that Mr. Veit obtain an amended decree of distribu- tion in the David J. Magnusson estate; and WHEREAS, Arthur T. veit is in the process of obtaining said amended decree of distribution; NOW, THEREFORE, be it agreed as fo2lows: 1. That Arthur T. Veit sha12 deliver to�the City of Fridley a warranty deed for Lots 2 and 3, Block 1, Veit's 2nd Addition, Anoka Countg, Minnesota. 2. That the City of Fridley upon obtaining said warranty deed wi11 deliver to Arthur T. Veit the�sum of $8�000,00.� (��, � f��µ,l /,/on.,�� Jr�• �• l • 3. That the balance of $d;BBfl-r8B sha1Z be heZd in escrow by the City of Fridley until Arthur T. Veit has delivered an amended decree of di.stribution in the David J. Magnusson estate signed by the appropriate Probate Court indicating that Maude F. Maqnusson, surviving wii'e of David J. Magnusson, has inherited David J, Magnusson's interest in said real estate. 4. That upon delivery of said amended decree of distribution, the City of Fridley shall release said money from escrow. � � �_J , ' �� I � � In Presence bf: �j�/ � �_�� _�c- � �/ � � � /% � � a . . �?.�tti STATE OF MINNESOTA) ) Ss. COUNTY OF ANOKA ) ._./�,�`i'l� � , i �_� ��1�`�CG ' - Art}i r' T. Vei�t City of Fridley sy �% ,��..-c_.-� �j,2,.?�-r�L(Lr«-t Me in J. He rmann, City Assessor On this � day of December, 1973, before me, a notary Public within and for said county, personal'1y appeared Arthur T. Veit, to me known to be the person described in and who executed the foregoing instrument and acknowledged that he executed the same as his free act and deed. --�� '� ' I�^, / � � � � ,' vo��,r.�� o. e^i��_u�=D rci:/ r - �t2ry Pubtic. H=;,:�� pin Cou;;�J' 1577. � Commfssion ��P�res June 25, STATE OF MINNESOTA) ) ss. CDUNTY OF ANOKA ) On this .S � day of December, 1973, before me, a notary public within and for said county, persona.Zly appeared Mervin.J. Herrmann, to me personally known, who, bein� by me duly sworn he did say thaf he is the City Assessor oF the City of FridZey, the municipal corporation named in the foregoing instrument, and that the sea3 aFfixed to said instrument .zs the seal of said municipal corporation, and that said instrument was signed and sea2ed in behaZf of said municipal coxporation, and said Mervin J. Herrmann acknowledqed said instrument to be the free act and deed of said murticipal corpoxation. / , / . ��,'_ - �� ' �° � � �.�t � ,, .�.ae!,X a. �`:}� i +�. � .... .,.�. _�.i�� ;�� 4 . � L _ , r, �': .< ' C -:_ 1 � � F }:'�Vi''V�J4zr i'7 r i. 0. .� r�7.YYN"r i'Y6"iR't C�� ir d� �� .1. ENGIN�ERING DEPARTMENT CITY OF FRIDLEY FRIDLEY, b1INNESOTA December 6, 1973 Bury � Carlson, Inc. 6008 tiVayzata Blvd. Golden Valley, Minnesota 5.5416 Re: CHANGE ORDER N0. 3, STREET IMPROVEMENT PROJECT " ST. 1973-1 £� ST. 1973-2 (MSA) Gentlemen: You are hereby ordered, authorized and instructed to modify your contract for Street Improvement Project St. 1973-1 �, St. 1973-2 (MSA) by deleting the following estimated c{uantities for the actual total price of Eiglit Thousand, Two Hundred and Fifty-four pollars and 15/100, $8,254.15. (Figures) As these are estimated.auantities, the basis of paymeni would be on the actual quantity of work performed and the following unit prices. INCLUDES THE FOLLOIVING STREET: 5th Street - North.from 63rd Avenue to 64th Avenue Specification Approximate o r Item No. Quantities � Item Unit Price Amount 2105.501 600 Cu. Yd. Common Excavation 1.92 $1,152.00 2531.501 915 Lin.Ft. Conc. Curb � Gutter Design 2.89 2,644.35 B-618 2575.551 38 Cu. Yd. Top Soil Borroca 2.90 110.20 2211.501 252 Ton Aggregate Base Class V 2.46 619.92 2575.531 .04 Ton Fertilizer 200.00 8.00 2357.502 200 Gallons Bituminous Mat. for Tack 0.25 50.00 Coat 25.75.505 606 Sq. Yd. Sodding . 0.48 290.88 2341.504 14.0 Ton Bituminous Mat. for Mix. 36.00 504.00 2130.501 5 M/Gal Water � 6.00 30.00 2341.508 254 Ton Wearing Course Mixture 5.60 1,422.40 2341.510 254 Ton Binder Course Mixture 5.60 1,422.40 TOTAL $8,254.15 0 @ ST. 1973-1 �, ST. 1973-2 CFiANGE ORDER N0. 3 Original Contract Price Change Order No. 1 Change Order No. 2 Change Order No. 3 Revised Contract Price $460,622.40 + 39,736.46 + 45,704.73 - 8,254.15 $537,809.44 11 A Page Two The completion date for the contract on St. 1973-1 � St. 1973-2 including the Change Order No. 3 will remain at September 15, 1973. Submitted and approved by City Engineer, Nasim M. Qureshi, P.E., on the day of , 1973. Approved By �C�c.,.�,�r /�i � L.�i%s� � NASIM M. QURESHI, P.E. City Engineer-Dir. of Planning ! '�e- Prepared �y �� l_- ,� �Cnu^ �-' \, `._---� % r� Checked By ,i�/ � �'�" � 1973 b Approved and accepted this � day of ��7.,,��-��' -, Y Bury � Carlson, Inc. �U�ft.-( �}- ��t��'r�� ,,,/ .t-F^'. Bury � Carlson, Inc. %�t, GL,t«'� .t ' . gY Ti�le Approved and accepted this day of , 1973 by the City Council of Fridley, Minnesota FRANK G. LIEBL Mayor NASIM M. QURESHI-Acting City rtar►ager �. . _ „ .... . .� �'. ; " - , � • r�wg;�t.. � O � �'�`}��,� C O 11 � i ,�Sf`�""�i �� ti � - d/ ? �_ :�� .. , _ .. _--! Office of the County Auditor � . � � COURT HOU5E --- 421-4760 --- ANI�KA, MINNESOTA 55303 . . � . . k �.._ ..t ' . Charles R. Lefebvre County Auditor � � November 27, 1973 � � I�Ir. Marvin C. Brunsell, C1erk City of Fridley , . 6431 University Avenue N.E. Fridley, Minnesota 55421 Re: Tax-Forfeited Lot 6A, Second Revision Auditor`s ' Subdivision #21. Dear A1r. Brunsell: ,� � Commissionex P�Iike E. 0`Bannon has xec{uested that I contact you regarding the above to .detern�ine if the City of Fridley , would be interested in acauiring this loi. W15f'f If the City does �tch to acauire ihis lot, please let me knaw so I can send you the a�plications. �� • Very truly yours, �, �", Gr,�,,.� --�� !� � C �/`�tC Cf./.ii . �C__;�i�f—f/;� Charles R. L�febvre , Anoka Cou.nty Auditor CRL/sas � . . . � , � ' . ��t , ;.�... 4 � � � r � ; . . C . .. J � _�� ___ ..------=--� • �� i Ir: �• � � , }Y� . � � ; T�' �` � 1.,� � �, [� +1 t�. {j , . � . � � � { � ' �-�j . �. r. . . _ . . r�~ . . � A �� : � � ^ �^�+ �� _ . . � - , . � . r.{. � . . x - ~ e ,� �,/ . }, � . . � 4 {}'�`; ^ ' � �, M , . .. ' � r `�`�� I -� ..1 � t/✓ 4��f.a�L�ar ��♦ .. . , .�i •.'� i�" �� \. � ) 1 J � t o '^' _ . I. c.. ,_� "i , . �+ � : �� . L.` } � �� , . � . - ' { 1 t � fI{ _ . � � � \ i ,t , `-r . .;� ir ., - I . � � �' � ,7 /". �.i �� ,. J ` j � �` �,�°, .. ... � � � C�... � � � �. +: , � •-f, � � ; � "'` � t) . . _ . t� � � r.j ia �l . } � � � � � `-' f+ s `',. ` ��4i � , . . � i i? t l� , . , Ii �� 4� -� �,.� �, J y „ ^' , ' ` '. I l... i \ � � . 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RESOLUTION N0. _� - 1973 A RESOLUTION ADVdCA7IhG '" FIRE FIGHT��S, BE EXCLU�cD FROM TNE O�J�2TIM� PRGVISIO�FS 0� THE PROPOSED ;aMcNDMENTS BEING D�VELOPED TO THE FAIR LAB0.7 ST�ri'�:14DS ACT � l�JHER�AS, ch�nges in certain provisions of the Fair Labor Standards Act are at this time being considered by Congress, and WH�REAS, certain of these proposed changes relating to overti.me would work a hardship on cities and vitleges throughout the state, and ' 1�1HERE;�S, those �roposed changes relating to overtime ulould �aork a special hardship on the cities and vili�ges in the case of fire fightprs because of thei r uni que si tuati on and alorki nr� condi ti ons, and � �i�fi�r.��;S, it is �dvantageous to both the fire fighters and the municipalities ta not atter this section of the Fair Labar Stanclards Act, and � WHEREAS, proposed chan,�s�would have a c�irecf tinancia,l impact on the cities and vill�ges in thA staie of hlinnesota by more than $6 miliion doilars per year, and � �J � � ' WHE�4�AS, the wnrk week of fire fi�hters is nat dir�ctly comparable to those of other municipai er;ployees, as a ty�ical work week for firE fighters might run fqrty-eig�t i�ours on.duty and twenty-four hours off, and bJ'riERrAS� fire fighters spend a retativety small percent�3ge of their duty hours responding to fire c�11s, and a far areater p�rcentage of fiheir time on standby activities sucki as eating, sleeping, and recreation, and W�iERE.�S, a forty-hour H;or!< ��leek has nat been auvanced i n our 1 abor ne�oti ati ons with fihe fire fighters, � � NQ�I, HF�2E�3Y, Bc I1' 2ESOLUED that tt�e Councii a� t}ie City of Fridley hereby goes on recorcf as bei n J o�posec� to i nct usi on o� r..a+ord �,s{�►s�r1-i�}r fi re fi ghters, i n any chanc�es i n the overtime provi sions of the Fai r Laaor Stancl��rds ,�ct, anci � BE IT FU�Tt�� ?ESOLVEO that the Cauncil urges our representatives in Congress to tal<e note of the probl ems arhi ch waul d ari se i f .s��rR! ec�y1„s�1a.+;r►fi re fi ghters, ��ere i ncluded i n the �roposed chanr,es i n the over- � time provi si.on of t.ha �ai r�.a� or Stundards act, ancf the Ci ty Caunci 1 furthPr urges our cangressiona3 d�lecates to on�ose these provisions being included in any changes to the Fair Labor Sfiandards �`�ct, and . ' i � ,�. � � IT IS FU;THER R�SOLV�D that the City hianager is lier�by directed to forward a copy of this resotutior+ to Senator Humphrey, Senator t�londate, Congressman Fraser, and to the chai rn�an of the �enate Corruni ttce on L4t�or and Publ i c Welfarea � Pa�e 2 Resolution Plo. — 1973 -- �DVOC,°,TI��G MUP�IICIPAL E�IPLOYEES, t,ND ESP�CIRLLY FIRE �'IGHTERS, �� =�CLUD�D .FRQhi TNE OVE:�2TIt�1E PROUISIOtJS OF TNE P,ROPOSED AAt�i•1�— MEPl7S 3�ING DCVEL4PF� TO THE F�aIR Lf�BOR STl1Pd0:'i2DS �CT � V ADOPT�D SY THE CITY COI.�NCIL OF 7H� CITY OF �RIDL�Y ON TNI:i DAY OF ��+�"� , 1973. A7T�ST: MAYO�� Frank G. Liebl CI7Y CLE�K t°iarvi n C. 8runsell 0 �N c . . �. t �` : " .. . . . � � . _ . � . . � L . ' . � .i, '� � ' . . . . . , . ,' . _ � .. ' . . .. . ...=1 ': . . ~ • � '_ �t � . . ' .. ' I�. ,'. :.� t:J.. ll '! i . . " . � J w.� 3 :-� ' . . ..- . . . . . :: � �: i � i .5 : \ � � : : �: J . .. . . � - - . . ' ' � _ � . ._ . - , . ' .''�� . . �.c•::. .v l.re•.:�:c 5.:. . . . . . " � . . . - .. .. • . . _ �.. . , . , ...'C<cc. 7.`•S�. , . . ' '.o• _ !.<. , %ii S?t.9:;< • . . _ : ' ��s-e;�,?aer 20 . 1�t73 - �- -- � , .� �O: � R�ia •ors �n �r, o• �r r . r , �� : � _ � � d 11'I ao�� s o. Cle_ 1>s ox ll�iun�c}-p�l�r..�e.� 1ra,.h Full T�ine Firef��}z�ers � 'BJi:CT: Proposec� L�menclmen+.s �o the Fa.ir L;abar Stanc�ards 11er ' � � _ : . .�:��los�d �s a;.opy of a recent letter to S�nator 11?ond��.le a.d�Tocaiin� t'r�af. �nun:.cii;al - n�lo;;ee� an� espuc?all;� fi.rei'��f�rs be excluc?ed f"rorr� i!�ie ��er�=rr�r� n�cr.is�on:� of P= � �� I::�oNOS�ci aznencimen{�� bei.ng develol�ed to tl.e F'aii La.bor. S��xzzcla��d� f�.�:t. S��milaz :- leit?rs �vere sen; to ea:.��. mem.ber of tne T�Z.i�nesota con.gre;,::�x.c�r.al. c?��1�Qatzar.p `� ��e�;• of tne ver- laz 'e financ:�al ?an act thi.s le �zslat?.on tvould 1:•� v�� . �. �-: --- :� "- .� � � g u a� t_xo�e rn:ii:i::��ai:�ies ��-}:ich en�pl.o�T z'"ulI--t•s'.me f:irefig�ltexs, I tt�inl;. �t zs tirital il:at ea�h of . _- �e afiec:�c? comiilun:��-i�5 IT18.i�� 1�':lI' V1G��IS �27.0'�!'21 fo their con�re�;Sl�1�i1 �riQ Seric'1.tOf'S, , e r..arro�:��y e�c��::d lebisl��::�on �:r��c�Z tVOtEl.cl lizve n�.andatec� i�n7e and oz�e �.al.�' �or �ll �o��rs ov��„ 40 i�ours per week for firefib��ters �n 1972 and a�a;.n Iast sun�mer, - '_s •:-�rj: unl��ei� �::ra� �Ti�� .�ill �e �hai �luc�.�s� a�a.;n uniess �a �0714eT'{:�Ci c�ii'oi--7,; �s matt,�ted ��► �;0._?� ri�_� ''.".i° CO;:yZf�aS Ui �i1� \�'7.SC�0,7i O� Oa?' �10�?L?011, f.Orgressrnan Albe_�t C3u�c, - �,'�C i:; T'2?":��_T2C Il^i.'_110T':ty TTI.eST1L��1' O�� h.� �TOL1S�; COTTITTI:�'!:f�C Oil r'C;UC�:.'.."i.:�ri �r..:i L4�Oi', ► �:-'-"i:�.l':� 1T:i1:Cu.�C.'Ci h�_S Sll�(�O1'f: t0.'.' GL1T' pOS.l"�10T7 c'�..T1C� t:�ill ar.t�.Vc�,l.j' tJO� �i IC�T' 2LS • , . . c+ii.7� ...:�;1 :��' �i � Cl?T1i7T1? �� a , �1:.'�::�. L'�ii: ��`�� G'..1 TO COi?::1'tilll.l`:cti;� �:''Li?! }�O��I? 1�'i''P.a �so�a sei�acor: c I1Ca 'OUi. �.'.Oiln''�?v:itll;sj: - � t-• - �.��-.� ��nc; ��_,= LEasue ec��:e_� of� �o�ir• lei�crs. 'lil�ir ina:�Ii�io acictr��s�s :�t°e ei:�•ioscct.. �;�._ ;,., :�-� - � ` r! . � .�, �_ - �, - � � ,. .�_ ��`.��` c-� _ � s.�..�� :, . . : � � . U:-_... . ?.�:r��. . �:. .. ::.-... 1:)_r.. _:.c,r � � ,f � . . .l.. , � ' ' . - .. � 1 � t`�"!- ! f;L7�..�� r �` �;�� r�- n- „ ;�:. ,� .�r � G� i,�I. fs��iz�f�� ;4��'��`��'��'� a F�cY; � 1: i: f.i r� 1 �.,. .-:i_! �..... 1i'�; C�/Jrcru! ('��r��iyirfi�•e� Clr��.tiii:.n!i�»� o/ dfinite:�'eNrr C.ifies nnd i'illrt;•e,i 's i:'�: �� ?.;ciO Un n•i.ic.rrr :,�•�.. S. 1:.. \fi.�:.i �ru:.iti, �+,�"1.:o�n 55�314 . _:�;;.� 1'�cc��r: 6t2/313-99�i2 T�ovembcr 1�, 1973 ' Sezlator ��7alier T'. I:lond��Ie � �43 OId Senate Office I3uilding '��'as?11I1�%Oil, D. C 20510 0 � � Dear 5�nator Mondale: . . . � - -... . I am ti�•ritxnor fio you as Presiden� of tl�e Lca�ue of 1,�'i.nneso��, It�iunici. �,litie to seelc your assistai�ce izi o�tainin� tiie exclusior_ of mtzilicipa� elnl� p re��s f and especiall�� firefi.g1�ters fram the o�.7ertime provS.si.ans of a�i3r prop a��. amer.d�nenis b�in; _det�eloped to i:he �'air Lat�or Stai�dards .�.ct. I unde��-� siand fihat preiiminar3� discussions on amendmeilis f:o i:his laY. �.re alreacl � und�r�vay in ihe Senaie Cornni�ttee on I.abor a.nd Public t�Telfar•e of �f�Zich? J you are a m�mber ar�d I �=Yould like to bz-i.n� oux concerns fo yau1- atten;.�ic,n. before this lEgislati.on takes �inal form. . �.s you xxla�r r�call, fhe Leas*ue, as ��e21 as several o.f oaz• memU�r - . municipalities, contacied Srot� in Z972 ancl agai.n earlier il�i.s ��eax io e�press our oppos�ztion to tlie I'air Labor Standaxds .l.�.ct �.me��; r � that ��ere under consictez•ation at i:hat �ime. Qt�r inajor concern th�n �. _ _:. __ --- uras a proposed prov9.sion �zria.ich �Trould 11a-c�� req��i.rGd a�Z znt,nicipal; ��.es �emplo3�ing iul�,=time fire�ibhiers to a = . over 40 hours pe�- �vec4c in i;he fifi�z yeai��afier i s�pas ��1�1 �fo ou�� j°ui s � to ex plain i h e r c a s o n s � v l i y t h e o f fici.� Is o f sozne 35 T,�in.nesa�a comrrzui�ities over 5, OOQ population oppose ihis s�aeci.fic provzNlpT1. At the outs�t, zt slzould be clear to everyone iilat i:he applicaizon of the � ' fec2eral minimum ti�rage pez� se tivaulcl ha�re rel��;i.vely lzttle effeet ti o;-� z��os� ..citie�� zzd villa;es iri I1�Iintles�ta, e�:cept as zt �vot�ld affect par�--tzm� �� . ' seasonal emplo3�ces. �1'l�is is becalise most mwza.ci.l��l enz��lo��e.cs ctiz�z•eiiti�� earn moz�e i;l�ar� �2. 00 ��er hour. Ouz otiTerridin� . , o� i}ie at�ei•�i.ine pi•oviszoils of i:he I<air La1�or � cozlcern i:s til� �,��l.ication . personnel, and especial.�y ta fiz�efi�hi:ez :, S�` zlaard.� AcL- to p;iblic safety , • ., , . ' , ' n � I . � � ' 1'ar;c 2 a � ' 13D O�r oPpositio:� to tlii.s provisi.on is b�tscd upon fiwa conSicicrations. - I'irst, � t�� ror�:in� con:litions of fi.refi.;.�ters, it�c).ucli.:�� tl��:ir duty l�o�trs, r��resent a tiniclue Uituaiion �vhich has sul�sta��i�l aclva,nta�cs for l�oth thc -men and ihe pu'.�li.c and no strong fact�ial case has becn made for aunctamen�a113r chan�iY�� i�, Second, tli� direct fina�lcial iinpact of this provi,i_on, �:�hfch �j�o.ild zncre�se lo;,al propc�ty ia.�:es Uy niore i;h �n �G. 0 million per S�e1r i.n the aif�eted � r��niczpalitiPS, ��ould l�r�cl.y nebate i:he eiforts o� Governor l-�nderson, tne �;"inneso�a lesislature and of local oI'ficials to l�old do�-.*n prop�r�y fa}:es f.i?•o��i�otz� ii�e state. I�vould li.l:e to elaUorate l�x�i.cfly on each of il�ese -_ considcratioi�:s. _ , . , � . . . . ' " � .. ... � . .. . .� Y ��1i4neut detract;n� in any* �vay from i:he in�ralua.ble s�rvice �;:ha.cl2 fire£i.gh��xs perforr� i� municipal �overnmeni, there is no justifi.��t:�on for reducing fheir -� - average �vork «�e.el: to 40 h�urs, sa.nce i:heir �vor. !�. sclieduJ.� i.s »o� comparablc to �hos� of a'��ier nlunici.pal emplo��ces. The t5�pa.cal ��c>x•k schedz:l.e of full.-ti.r.ne f?reii�ht�rs in ?`,'Iinneso�a l�rovides for a �6-GO l�o;�r avera�� ciui;y �=reelc co;�si.sti.ng. �of 24 nours on dutST and 42 hours off. ��,Tk�i.l.e o�-� clu�y fir�:fi�l�{:er:a speJ�d a - r�la�?vely sma.il p:.�rcenta�;e of their clu.ty hour. s(i.. e. , 1--3�`oI �i�Spandin� ia . �ire calis and a. fa.r �reai:er ��a:� � c�f i1�c�.�� ti.�ne (i., e. , ap��z o�im� �ely G?;'o) .._. _ in sfanci-by actit�zti.es such as eaiizzb, slcc��zng �ij7d recrea�i.a:�. Ta_l�.in� into acc�u2�� aca�ions, }ao].i.day:, illness, and tlie�_J.i.l�e, firefi.i;ntez:� i.11 our state seldom are on duty.more tliari l0U days in any �i�-°n ye�.r, or an a�Tei•a� e of. _ __-- aUout t�:�o clays per �j�eel:. This very fle�;:ible dut�- schedule i.s preferred b5• mos� firefi�hte-r. s�to a con��entios�al �'t0 liau�� tivicel: because i.� allot��s tl�.ezn ta hold secor.d jobs ar en�a ;e in othcr ou�szde pursuif:s. � � � To the best of n�y l:no�vl�dge, no serious proposzl has becn advanccd foi: _ ESi�.�J�J..Si��21j a�O liai�r ti�recl: for firefi�h�ers lIl tliC'. ca�ax-se or loc��l lat�or ne ;oiiatioiis �;•it;h thenz an�•�:��iere in 1•Tizineso�a. Ii is also i.z�eresGiny i:o . i��e �liat �=,h^n the Miiincsoi;a T�'air T�abor 5�_;.�nc;wT�ci:� �`�ci: �i-a: i}z�:3cr c�nai.c'era�io.�. c3lirir.g �1_ie l� r3 session of tiic 11�Iinl�csoca Ie�;islature, onc nf i:�lc firsf �zr.��ndi�er.:s n�ade i�S� the c,�i.ef ati�hor af tile bill ii� �.le �rotise of 1Ze�r�s:1�:.4i:�es ��:as �o • Gxclucte firefirii��rs :fT�c�zz�z tlic o�Tez��iil�e ��rovisio:�� oi tlic t�.ill. In Uiez;► of th�s, 3_ii. t`,`UL11C; S�'.Clil 121COilt�T'1lOilS 111C1�'C:Cl iC1I' ti1C C.OI1bI'CSS j:J I11«IICIc'il� a 40 1.Ui.11 C�LiL�' -;:eel� for firc�i��iitc;z�:;. - � 1 , , , , �'� � i �uveii:l�ez• 1��, 1�73 �� f C: : � 0 n 0 ��- ' � 13E . � . . �, � � • . . . . . . . !is inclicatecl al�ove, the financiul imp:�ci of z�eclttciT-►g �I�e fiz,cfi.ghters clu�y ::�ce!•> . to �0 liottrs ��•ot�lcl Uc�. ii� e;�ces:, of $6. 0 i?iil.lio.n E�� e�.r, �.Il af rrl�i�:�i �;rould �rob<<'aly have to 1�e ,raised by increasi�-� ; property i:a�:es. '.['!ie cosF� i.zi�rea.:;e � in the 1:hree Fi.rst cJ.ass cities tivoulcl t�e ap��ro�:iz7��a1:�).y as fo�lca;,�s: J:iiLli?ewpoJis-- � in ea:cess ef $2. 0 I712I.IlOI1; ii1 S�. Paul-l�et�:,�ee;� $1 - 2 million; ��,id Dctlu�ii -• � �; QQ, 000. Sul�s�an�ial as these figures are, i:hey represc:rt anly a par�: ox �he e�Te.z;;uai financial. impac:t. 'Fhis st:e-rns fro�n i:he f��ci -[I.a< <.:1S/ 5i�I?l.il.C�t??i: - i:lcrease tivnich is I:�acl� in the coz.�p�nsat?_on oi firefighiers (r. g. , b�- t:zr-. p�.��m�nt of overtime) ��rill be foll.a�:�ccl almost iznmedi-,:.� �cl.y 1�� a c�e�naiid ior sii.zilar Lx ea±ment t�y police of�'icers and by other xneznicz.pa.I em�?aJ ees. 'Thiis �:That �vot2id stari: out �s a�G. 0 inillion p7•ice i:�,.b ml.bhi: easily grot;� t� i�ii.ce il2�ii fi�'ure, or rtxore, b5� tl�e ti��n.e seeox�d and thircl orcler effecis 1:�cie �ully £el.t, Ob��iousl3T, properi:y ta.�. increases of thi.s ina�ni.t;t.�de mus� be Y�ie�red : within a politi.Gal coi�tes:.i as Z:�ell as a siz icf.ly �z�.zaiici�l cat�teli. �Ls you kno�v, durin�; i:he last t��ra or tlz-ree year� ii�i.n�ie:�ota l�as been zn t�1G' {i?I�oes of a"i:axpa��er:� �evolt". l�y and lar�c t�zis revolt �;ras iIle uirec� result of �.� ri.si.ng prop�r�y ta�es� In an ef�ort �o so��,-e t��:�s p��able�z�, f:he Govez�nor . ai�d the legislature increased �zoii-•�ropex�4sT �a.;�es by mare ihan $5'70 z�zi?.lzo:� . _. cluri.ng the 1�7I scssian of the ].e�islature ai�d useci tl�i.s n�o��y �o greufily � � � increase school �.id�> and also i:o izlerea�e aic:�s �o z�lunicip�l.i.iies anci cottn��c�s. As a resuli, property ta:�es actualiy �,re:�t do�.�n to var�ri.ni uc:�rees {hzo<<nl�out the state in 1�72. �l�hilc i:�ie "fia�.paSrers x�e�Tolf" h��•:� subsirleci �or t!Ze ?nozneilt, proper�� ta�. �ncz�eases are still a politi:cally valaii.J.e issue for an��one riu;nin�; . ior ei�her local oz• staie office i.n ?1�Ia.nnesota, Ii�. v�.e�T,r of j:lli �, ii �irou?ci sc�cz�Y � prudent foz• fhe Congress to avai.d any ac.i.ion ��rl�i.cli �vauld i.nczease pro��ert3� taxes and therel�y prec�pitate a vS.olei�t politicai sto�°m.. . �- � A fe�v �� ee?�s a�;o ti��e �:Tere infc�rm�cl thaf. ef.fox•ts are underr: a;�r.to brin� �.bout u.T1 �1CCOIIlI2lUdatio�l bei;«-een orbatlizecl lal�ors tl�e I�'i.�:o� adr.�.inz:�{:ratio.2 aizcl i:h� Congress on a ne�� sct of amendmer�ts ta i:h° I'ai.� T_,aUor Si:��.ndarcis �ct:. Li •- �• ••• � �)T'0�3d511 1S t121C�er co�zsicl�ration ��hich �ro�llcl i.ncktid� st�iic ancl lcscal en7pl.ca��u�s -� -- t�naez tlz� ininii�lliin �-rabe Provisi.oris o� the Z'<<ir L�bar St.aiicl�zzel� i�c� }�u�i � 1 � 1 � i � 1 � . � • � I�ot�eni�,;sr 1�1, 1J73 - - . , . , _ . • �F � P�bc `� ' ` � : • ' � . _ - '� c�.zti.�ll1C �O C�:;clucle tliem froin tlie overtizi�.e pro�Tisi�ns af ihis l�.ct, - ' lt se�,�:s fio i1z�; iliat tl�is is a re�zsa;l�,.�,J.e �iCCC)Illl.lodaiian l�ci1*�een the � � v� rxo�is ,r;artie� t?-l�it arc intcrested in tliis le�isl��tiozi �tjid as such . ci� sc.•ves you .r suppori: � nd t�i.ti �f thc o�li;:r �1�cml�cz�s of ihc .i!Zinneso��. _ , '. Co:zbr•essiozial cicle�ai:iozl. I ui•�e ��oti i:o ciisctiss this accomz�zoclatio:� � ' � �z.�i4h �°ot.z coll�ut;ues on the Sc!Zate Cozli�rii:tce on Labor and Public �. ��'eI'.are a;�a su��oz�t its incl.usioii i.n il�c �mendmc:n�s i:o -(:l�e 7� air __ _ Lavoz• S�a::dards Act thai: ax�e }�eizlg de�c�clo,��d. . _: , ' 5inr.erel.�r, � _ . . � . � � r �� /� , <�/ � . C�U � G: G 2 l.,iG ��"i� - ._ � -� +� � , . _, . . . , � - � _ � ' .. . Ar�t�ur G. ZTOgel . : . . Presi zeni, League of i`Zinnesota n�unicipal�iies � . ' � Alci�rm�.n-ai=Large, .Ca.usizr�: . . . � .' - D �.L: c z � � : _ - . ; � � • - . . . . . . ' -- ._ _ _ , -- - : �- = - � � . � ', . . . ' '. . ' . � . . _ �.. . ' ' " . . . . . - � - � . , . : _ _ �' • - ' � . � . , � � ' - � . . .. . ' . . ` . . ' - � . �• � ' ' ' , ' ' ' ' ' ' � , � ' ' ' ' . ,�:.y f� ,;., . ,.,' - -. •�� "; _.y...-: , _i=. JJ�J. h i'.S L. l 1"��JI ..:i; '% r� � a :i1RJ.^nar,� �•?i�nC. i21:C� :�;)!.lI" �� _._...---�-------•---•-�-- .�.1�. !.', r� -r. ati• n u _:; �. ::ov� th�� cou:l_ci La��e ✓41,�1�UJ t rlil-- .._ �:�. �.. i�:;,7_ic4ti.u, s zar t-i?e St�.te of ._...::t'.Jp�_; C!1:U ].�.:; JLiUCi�_V_lS1Ol;.i� Li2G �•`' -= �'. J,•. nOi—::'ti:°f�:_i"r3:li CO';?P.lti.�.^_ OI1 • - ' '' 7 ........ .V 1 J ";>i7rUV�:.j �lU'?SC !'2�_C3 9 '-�^ c� _.._!..i to e,��;b?_isn L: 1l."4:::—l7Cllr ��in:i_- •._`: ti,•- ��, re_,;iire over. �:i�ac ��<�}- at tir:� <.....--�.--;:::?_r, �;�:: cst�:s�.ish a �:0 ' -,. a u'r c:�.._.. Si,S`.'�:. � .:•..-�: o� �s�c:sor th:. r^��.��ir� iricl� � ' , ics�_n� �:�;.�� c;L'::`:OY _.;j� : .1'.1C) �5�. �<.4�� i.r.:.. _ r w �_) : C:.�.. � l. C u �:�)� �_}7 :i�14 r;] .l:ly ' � i 1.� ) -v ;'._.:i."'LiT'�t? jiU'�T`CY'S BIiC� �Ci:—�'i� �e � . ^ v� �. � . _. ,...�., S:1C11 c-i:, S LLi�;rl2i: i c`_n!� �?^:iOL�:i r'.:• _.4., 'r,�i Z7 E'Ci � 1a0i1^'L'.'i�_0:1 �Z .ii��Cl)S . _:,-,,: <::.a::ea�c� in t}ie }.;�_1� _._ or i�� _,... t�?":%.i T_ tC;"O-'il:�:ii t18�ci�?Tl:> �i�:t n_ �, ��_ _ p�'._ c .�.::c ca:-^2i.�GC �.ppro�•a? __ z� eh� '_.t_c; L� :: � '^.^.tl " � .�' o- �, �;.z :ic apali�s r.o the � --+ n -, .:��.:e o� :•,i�1�__�ota �;nd 3.�s �L:;c':�.v- J.J.YI��-i' �a�C�uf.illl� •.Il.��4..Lt%:i��{..14i) �L��.: ca,�;�ize� . 1ia:,;:vex', T•�^ ;u� aobU}�ists sa:id th.,L' ii �_�c.:°, T�,,,_�:c�-�:�1 a��d count 1oy � }� E:1 �: � L� G J i^':'� =:Ot S:ir�C:l:I:LCc . �.1�/ E'_?:C� (i:��'� � �i1C`j' �: ��."�:: ba co�-�re:1 bv �i.t . 9 tt�e �ro- ' t r Y C�'-a'�� 1'i"� I?il�:;�i�'c'_ 1``c-�...�r 1�'U�� J�'c'il�(:ci��S i•,GL. 1.:1�� iO�1.L� rc11�E'. : 0�,� , S��lUll3 �)::O'.;�.LL::_. i��;�:1Ci 11 ; C.r.-:C'��.]..Ll 1QC�3� �OV— li'i:._._ :i. :�i.� ..O�i -'E'.`i y .ras3T_�Z('`il1S Ci'tI;'3l...L�ia'� .. , ��i:C,':; ,;i?:LGtl lOCu_i_ �;oV�::Y��:a�11� Cal- j��_�)��' ".�.� iii.�:�? 4� L%C:- C.Ci�✓:�1�(.'.Cl �Si.� c:llvuL t�::, far.��t ;.r�:n.�cL' of th:� Ui? 1. T�:. ,= � 1? �:.�.'.Y:C(3 � 1;C�U� C.�1 t:�l^ Pi'� Il1.i::lti!! �l$G��;� ., � . � ..... ttc:�•�; ul�p�i.�' tc� Ioca:l c�.��tcci c�a:-- .:�.c� �lc:? ". +'- _ r�'�;�'O"L':' � COL );...':D i'_:ICI 'i�c:L ' �. .. J . . i . �i:�. ...� ..�...�:1::..:n:) U�".r��.� T!t� � � � a�.. �'i4t�1. _ ...riy t.o�<<.�, . � �� :�::lt �>ll1_�'.�.0 Cit:i::Lt'_:;, j.::lt O;t�j' 3 , 'i:.._�.�ul t�z�4 ��,�_d <�n ,.r::o�.�t:t: Y�h��.0 ��o;i?.d r. - :... ,•.n i.,,Z , , . _ �..`-�-�; , t��;c. �ropo.;ec�. o �11, cs;: ;. �. �::�.t�_.,.:a�� [,r��:=. Tiic :;tt:�:^ cju��.;t;_�,� � - _i c:. p _ '' Cr> >,�:�;:��e.s oi t.C��t::� r.d _lcc��1:1�. 1,.l�iP:�,•;l:.(•(i UO�iri13 � i:t� CU;t...:15: _� 0:�, y 1?OCJ Cf; •�r.i1L...�t�Ci }) ci {�.il�� Yl' ' � ,' 1� j t'i Ct].a•i.l ��S.fi':_:1`L U_ �_3? l".: il! �.il:i �i.�?:C:�_'1.'� I:OL i? t i.tl. �.^ f �?(j,�ri. CO:C;':}].trl'_t� � � thc>. bill s�a:,ds nc�;, these �ersotts cc�uld be e�:c.tuci.�d hy dciininY; t.heir 'o�s as�� J c;;ecutiT��, a_�:sir.istr��.iva or p�oies-- S1U;�.i�_� pU� �t1U`_if. �c?I1flS <:I'C' �t'f C t0 �1� C�.?— fined by t�i�� i��part:;�ent oi La�or �� Tr�- dus try . . Woury_�i th� n�rirn��n w� �es, l:o•�rs �t:d ove�- ti._'r;e pay �pply> io r.:�:^'�-�rs o` 1 . . .� po._ica reser•.��s? i�:ese r2s�ar_vists are no;> vol- unte.e_y c:-1_:o are cal.1.`d on �t;p;�call-y , far C;:O�•:C� 8�C3 tx'?{21C CUIli.IO� c1S�>J_�Cc1TTC� Qi1 speci�:l occaszons. A fc>�:* r�c�n:;�cipa?zzz.�s p�0ti']_Cjc'.. L1T::�iOI:'��- � � _ � "':2 f`_?Ll:l�::i?a t lOX' �:l�:l� police re:��r�i.s�s, btit tl:�ir � �. r ,�r._~ar}• co��p�..s�; �.o;i t;as be?:: i:i:e sat� s_zct? on of : jo� we.l:L do::<� ;or ti�eir t�o:�e tc::ns, a:id thz� doesn't ql,al�tfy as a mini��;1 cau�e undcr tr.-, pro�osed la;•�. C�?ouic� r.hc hi11 �_pply to such p�rt�ti-Ww e<<:,:.loarees Ci �OC�1� ga�,erri,�.ents as b��_ ginnxn�, c.lert-t�.pzs ts , liuraLy aide� , ?iquor store c"�ez;;s and barte_zde:�s ar,d custodaun j:.lit��s'• rn sa�� s:��:?ZI E: i 1xCiiilC�ji3�.l��s S� tR2�e G;�i'� �Uyf'.^-_S £iL? naw � y�^1.<c �E?SS ti:: il CIl� �J.�'.U�OSi_t� �`z'?it'-i2012� T,?1111I:;1?I� 'i'i':�'t�C� ♦ Anotlier que� tion about th� 1�3.1I`s_ cover- afe rezates to �he pr�ctice oi a'to;;�n� cer�� in s��.5Ut1� 1 et�.�loyees c�::i en>atory �1.L:j? O�i lil I1f.0 O1 C;VC?: �ziP� Lvd�,: J• lit�l: ty :;nd s��t :1=�7.Ili:t:�_3:��• ,-,. - »o_..e�s r;ay ��or,- i_�c�� han a 40-houz ;,ee'.: caI�4n tnc� ne�.; r;riJC� �� GLS1.�1�j a t�.c=tv}- s:1;,;.f.al? , for exan�t,1� -- and sc:r� a;e co:x��satc:d ior this overti.me ;.o.r'-:, e:it.-.h�_z �:t st+�.:i,;: t t?��:e (z��i�l<zr hourl.; ,��) o� c� cc�:,��n��ztory �li!1L^ (i.i� � O£:C �L' 1��^�• ��, }, ) G. ...., ,. uu::;* seas o�?s of_ t ear Iii irs p��;s��:1� zorL�, the UiI.l �t�� ;:r� • to i-cr�ci.r� t�� t tnc: e e;�?1o;re�,s be pa:.0 t:i:^�-zn:,--��--ii��J.:f for k-or?; of r.:oi:e than �ID �lOLti:i �'.�?j' �Jc�°i:. . � 1 ' � ' ' ' � , ' � , ' r-� � , u , � � � So�e o` tt�e i�� serio.ts oue::�ions re- l..�tc ta thc i�: �� ct of tiic � rn; o;;ect F�:i�: I.:hor S�un1:�T•cis Act on firc de��- �trtr:;ca:t�; . In i•i? i1P.�sn�r , th�r. e ar. e�b GC� c':iL;:i_il��.:i Z•':lUS(? T::�.::��J4X'S c:1:C ��.1. �l:�.l.— t:i;�� ^��d = �rsonne7.; an1 30 ccp,�rt::i�ui�s p.._. �-- ttiw; co: �S � nr� pai:a r,ersor;n�l �,,itil vo],- ui��e��:s. i!i� r��iair.ino dep"rtr�er�Cs -- a�ou;. 720 �- are ez:Lir�Zy volwl�eer ar:1 zr� nc;: co ::aa;;�: ted in a var�_et}* of kr�.ys . S�� dei ��: t;��nts a;- speciLic d�n�r�::�nt l�acers rece:ive a flat �.-i�uiit p�r ront?i. O�t?er •✓oJ.ur.t�.2r f� re4.e:� �_:zy receiv.e 2 per dicrn oz p�r c�ll co-:�e. sG�ion. F�,�: app�o3ch th�� p�'�pcse:: .:znir::u,� c�=��e plus ov�r4it��. O:;:iousJ.y th�se .720 or so �e;aart:,anLs are a v� LaJ. part of th� ne*_��;or�: of £i�e p�o��ct� o:� t'r�rou�hou� ;�Iiz.n�sota 2�3, t%�:�7.- z� �s �oo ear.�3� to p:.•edi.ct e;ti� ctly i:�na� tne :ir:�p�ct of ttie pro- posed nini�u� �:a�e wo�ld b�.�, i.t is safe ta sa; ti:�t loca7, af.f:i_ciaZ:; �ao:�lcl have to re�-ie:a cazefuX],y theix zinu�:-- c�al co:��zt�:,�n�s � 1';�e re��ul.t co�,�d be a szrious wea'_�:�ing o� th� fire p�oCec�io:i r_et;ao�k. For r:.u�ic-!palit7.es c��ith fu11-tir�e fi�e- fi�Y:ters, tne cruczal zeatuze of the praaos� �� "'� 1�T is thut r�GLiirir.�• ti::; n �., 0 ��:i--a-half p?�,> ior noLZS cacr�:;�� ;in e:•;- ce�s oi Lp ; our;, ��:r k�eu�,. S:iz�.ce ; ize- fi��te_s ty-pical.l;r �:or�; 55-50 ;,ou�s a ti�ee�:, co;:n�a.n� E,�ars durin� �•;�ich t�;_y eaL 2,nd si.��•a, �:s cti��ll as ��er�c�:a nox�-- �a? s; �,�? on d� �a�s and ar.ss: e� i:zr� ca? �s , t'r.i.s p �: c�; 7 S 7_Cl2 �h�ouid incre.�s � tt?e cos* ei izr=�. �rotectio_1 7:� certai� �:�u�:�_ei�ali;.ics �s r::uc� as 30 to 35 p��r c�:t4. FS{...�/:��:l.eJ �.'�.�,:i1CC�Ln �1:<7L ��1� lOI.G� CQ':�. �L fa� th4 45 �ff�cted r:.t:�ic:i.;��:liti;:s 1.�:.l�Cl 1J.".. $l'J:.aLC.:lr1.�1�.�'J <`it7UIIF. ��)�O L;��,... !i�' : �%•�i �.n=� iVi �i Z$ y`�`-i i.11wc'- ��Cli«. 1• ;�in:�e�:.�o?.i� e�ti:�=�te� a co� C :i�:cre;.:s�� C��' i�� 2i:.ilil0:l �icc?Z�.IV� �:i::� l.i� cL. i�:'.'.1�. � L�-eu?c �:G c:�].; ,::�i.�'�e�y 1�:. . Ljti- ! _ .:?.� � U'1'E_.•_.t�:? i: i:': �iO�rnC_. .t�iC� ,j1�1�,;�,^;• . C•'• -.: L"].'.:.,. il� C::� 2'i::!:1]..'�('.:? I•�?i:C `.� i.. .......�.f:� C:. .._.i'�C:.� <1 :JI�Jy�)v�) ��:::�.�� i�:, i � :': _;?: _'_ : ).C'l� iliil7 �' _....' �;' • • l -� . � . 1:17:.t. � a:�d St. Lou:is Pci��_,� � $I �:ill�.o:t ��r y�ar co;,t. 13H : i T1iu�;,riie ez.�ect oF Ch�� prop�s��d lr...► �r��sld b� to dr1;^�e��.ca11.y i:ncrc:HsM p�r��:,nc:l. cu��.s io;- l�cat f;ov�rn�-enC, �J �'jG,.��. C�.a �lI 4�1:i.1VL �l�l� ��.J�C.:J V4 �1�� g;�r,� iar nu'�lic e::plo�.:�n�:. ine us? of volun�:�•�rs <.n�? part-t�.:,�, h�lp t•�u].a , h� •a4 to be sevei��l? scr.ut.ini��d a;ic; restrictec'.. � . __.: :_ �_ .� P�ot da.scusc��d : o i4z- ir. co.�ritCe� or_. 1T1 ��'1� 'u�? �. :lS ilC'rT �OCc:j �'JV��'i�G?C'.i�r.� . L�;UtJlCi p;�.3' I:71t? J.rCrC:r^.S�'2 CG:;r� } t•;i12� oper�t%� � Lnd�x �.cvy 1?::iii.:,, or s,�i�. Clier the oal� alt:�-rrtative wou].d be a rec?ucti.an ].n �>aTSO:�:«�. Quo� �iG:�s rem.�in conc�rnir�U �;;�tecn�r speci�:.l pro�;erty t�ti 1��vi�s ,ic�a?.d ba �nr^:�t-- ted, e;;actJ.y t;h2t thz i��ct o�t tiie p'-'op�xr)= i..�:: c�oulct, ��e, a.�d fira3��}•, -. , whai: t�ie ��u�iic reactiai� t,.•oulc b�. �2° �.1i70X'�--:•fc�T??�-?� :�71': �O:^ :ti i:i:c^.� � S VOCC' �O c-�C�rC)i'� t-�:•^_ �1��. iv`dJ �c�:,E'.?I : �`.?1C� -, ' t :.... s«zp c.ik�.c�.:,�� i::;�:� Lvo 1i�.tiw -�:a }12.C� b�Gi1 �^.�.�.O,tic?C�t 1:0J: 1..CS COI2a2C:�?I'c:i1G?1. Only �c;� t��u�s c` h�� rx. ;s �•;cre i-:nlc; - aafore ti.s� fii�a]. .l.i'--: vot:i: Co ��*• ,• • ,r` ✓ Z' O'v i: . Prt�cedzn� t::�e.`, h�•:ae�:er, ��:ere olz�r , Crucizl vates t�.._._n -in [�z� c? 3_,�.r.� i:11I1L:tc�S GI t:il%D rn� i.l::�. �i2c f�! �.�S i: t•:as tn�: C�; z�::t o� �a �:� :�::�•^.�, o��.__ _uf D�' �:i�J. i'�u:ti'y YO?:'��j'i.l:E'_ I�.CS? ::2 ��J:::i::X":"_.— E::':t��n tive} to .! t co•:;:s�?ors �:r_�� :.�•r�a:in Ot�1°i' �.�.T= �^.S G� � C�^•i: ' e;�� r�s`�:•�nt �� . <<i:.-� F.�p. 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I. t'r. c�� be� in �t= 12:01 �..t,. �a-� �.�oaZd i.�3�1t1.�...�' ?�C'.�:�J1.ilt'.1.\1e G�i:jr c?S t3 C�%i}' . ,'�nr �:�.f2�1 f:OUSc°.. 02 tP2 a' . - 7.e��slarurv C��rr�ntly th� Ze_ � �s c.�llec? to ord`r �:iter January � oi.szx_t��re �.s , th�.s ��:�le:�er�r... 2_�� b��rc t'r.� ferst � : in� n:.:,r I.e?isl� Tu�sda}• falloY�inR sea ; n� � ��' �;c hy holci�.� :� �c: � i:��.ru Sstuzz� ir � � i_o...� twice �,��,` t^ � � > � Iis-y o�. a�►-� eax. = 1y cn t��t:day� �:;� . ?:•�. c�_or. th a��;1 �.,( ♦� �7 Y� S . lnu�s��; s�:;1.th the y� �i{ !1� �V.4J�G.i�ZV�n... CL<Z�� f4Z�� 1.�11i�° A4��.11�.. �{Z(�� Vll�y . i.:��cC°_ 3c". � ;," � �Y•70 ��^�3.5.1.�?.i:I.V{: .•� • - +-. 2.!1_t CO?1�I.ril;.^. IIIl��(. t, C�:y'S �-te 3.?Eii1� L:Sc^,� .pt?X- ,. t�ee.. :si�ere_ � i�t -.:_ � r.:.. o� t::e fellc:•?.l.Il� c� l�rd� r� t�• p:st s��s�ans 6 ci`,s v_l :c�^.i Cla°� '�p1 IO:i�!'I`? 1 ' Gci1• pE'� trt� :_`�: ��i�� -�- •7-� �, t lt3 �fl].L"d Sar.urCJ.c3y t' �,°.,].5��• �{n'".2..�.�? ti'iZP.C'P.A"1_' OX ilOi. � r�.� . � ture Gctua.�l,� � :t i:� forr:.al u^GSS�,pS, . r . I � ' . � � ' f � "?' � tfr.: ••:.<.. 1 ::.: :;i'':: �:�:i' I..:;il,�:{ Si:":i::' � (c.`r'. r .• . - �- ^ :..i:� �:CT. i..T'. 9 %')•:uuld c::;t.,;��li:;� •. ' i'�F:� zcr. vi.r�„ 1• `""� ��=`r 's;c+.:r r:.i.._... i;ici::Jit:, lo::..,i �y �:.11 c�:.�:]:��ae:� ir. :i�_'s_...... the i0wlc�,;ir,. t`L i;ov.�r'*:�nent cr:�i!,� „t,;;. r.C:t:.•,• �E'i:ii> U��_.S lrGUici �,- �, AE!7"L::U�,CUi ;t.1 �•^;}�1 ' '= E::C'l_ •�:�: ,:ii.3C ."V! � �,. . pypF•3� C:.2C!:C{.'v8� 1GL'1iII�— � � ' C.. riI'Ui(.•3S.16I1?_? �G::.'il.pyi,fS� •Cjp:.� . C.CjC St--,�•�_[c 1ti ��.r.1V::C` , :tCi Y Cli.Vi_:.�.i�?1: !:i�0 • � ��:::''`'Si � �:1— � i)l�Ii!)I':� �Cii1_1:1i.OL!_{].� .[O: liOP,— }�:�i:?: l.t n�-,.., • - .-•ri1.,3C i 0,1: . T:1 3G.',1 t1C(? � esti:; ?; � - -� t:.�-_... - , �. ...�:�i.:-:__,. t; :�;�, ti:e ;�ill �:oulu .:��•J=I'L .��'._.:u-.. �.CYti :.__:: 3� �:�� :�CL'f3 2::c�. . ':' ' r,;,;:_}y.Ii `cr =?. C:iC^.S° r .)•y ' ,� _ C;:_ C1^^ {;J:_:�.ii r:�:^t is „•�` :r '��" �:' 1-:cc:rs. Rs'e�:.�Ioy- a v �r,�.�: ' .°,' it is co �ccivab?c t*<ac a11 �lec��:, of=iciuis, zs �,��i1 �.� ��-�� o ..:<vi�cry bo:i_ds an3 ,.o, '� �..:uezs F.'OZ::li: C*'��L jl'. .'f'i5S1G.^.S�.:A:I ...'<2)'O. � i " :1.t0'_f- ' IGT' *�v11L'4..3Z S?.lj—^ � t"�1:`15?U.'�.� `l;O::.�.0 ;+ . . r.o�r �� a �z su- ..�•.�� c� t:�: r::.a a2.00 p�: . � ject to :;�e, �p-k:cur t;or.� ueel:. ': �e cil:. t,-auid �lso c:rect the Co-r..iss�a :er uf Labor ar.d I: d::strv to c:�velop ru1_es ar.d re£ul::tio^s to c.srry out tn� p;a.�xsior.s ef the �c[ as �.el]. as gi�•e hia �ut; ority Lc �r,- � rorce t;?,> acL inro:a�ti c1-ai ' F_. _ Le inspect�.o-�� tia::inatic;�s o� bo��:s a:�d reco:�s etc. �ne Ca;r..-;issiere, � � ' for h_r.dica p� couyc, estahiisz la�ae: re�es PP-G caor';;�rs and angrea�ic2;, F-�lc;�;::s u be r- c h'Ullt C��tj�� t� of er..aloy-:� ;,a:-> }:eep records - �_s, addresses, occupatic:,s pay races, �^d 'nours t;or},ed, 2n �L- . , i ous]. d consp: ' 2;�d } P°'t co�ies of applicable re�ulati.or:s ' su.-�:,�r}• o� tne 1�.: , ` . �'7.41a[1c::S o` t0"acfin�€u}BtlOi:S 4:t%U�C�. Sti;JJ2CC CP.� f.':�].O�'gT o� not less tt;�n $100 ncr r.,or� than $?000. 0 r• _-�- , .___; ._-i _i'�: ��'j'.('"" � • t .'�,� . .! _ . . -� `.,y'..�.. j1..� ' �°—�� ------ .-,_ .._.._....__ --_. �� i- . .r� ' _.p r . 1 . .�__ �_ ��._...._ . . =��F ? ��' �� , �: I 1 , . � .,! �v a . ::r°� � �! 7 . . . � i � i¢ "` �.J � � . . f , r t , ' •� �f '' . � y-� • . , j.^, � � i �� I �� t i � � � r � ! '; t � , �i t � :.�;,;,� -� ; • j i" r: � �',r { , � . :,: � f ' t � . . .�..-. � � �� r�'�:.� �� : � r�t�'„.i�i �1 e�,. . .. .:�i. �� : a.. ., __,,,�'' �,.I._� ..,.�.a ...� ....., :.��;. .._� _��7J. �_- _ � 1 . � t� . a� Y *� � . ' , _ � . . . ' , _ i ,t -• �'{ `� •e� 7 '1 =� ' : a : ''� ^� �� : #> > {� •:•� � .�� . . ,-1 � i '`j . .Y 1 '� -, ,'' i.» � `�� `'� t,� � ,� S °l :.. '� i ^� +•�t' .�M � i .l jt 1 .. -,. ' • .,..� �..i' -� .� _i y .� �:;:;.r �i �.i c�. i !� � '�y•"��tir ,i , .l %3 ,J �i ��°� i� '.l �:. ,i.n+f � �••J �3�•.( Fi .i �.. _u_� � .i �y� �- -c.i ;i aia.! s+.� ;s ..i •a , C`- j�..�..V-"_ ,�'.;11 i'=..12 `:`.._.. ..:c: �3tt5i�t25� ;; i � :�;'�i- �a �- c� , ic;<i }�. , .. �.. �..:r ,�:,�:?c� cs- t=;,,: . ..:._ �;^ct:� . •��,- � ��`,,+... •'..., ._M' � c�.C.:!: ��e2i: t;:;�::; ;^ :.� c�t �:iinn��so- �..?i �. "�-;�..-; ,-' - c�:7�f a_<<�,�r . i. .�{\�.-'._:: � st. �' :i.:l �.; •,- '� ��,�....�d Tt�,t�s- �� i : �`,�. '�:,?:'. : ^S':;Ol��.`.LiS ' "'' c " - -- ? � 1C'.�: : CP-� ��:S ..........,�r:�:-� S? ro ��1.i5 ,,. , .. .... ... _ a�;d �o _. ........_. .... ,re_':. Ij J ' � � � � � ' '� �.`�.-£liT :IOL:C S?ll:lllllU!?"1� t4'lt:l t(r;::-�in.G-�.-�'.a!t ;0: m�:e t,1an �.0 hours `.Vi�f�i•':i� 1:1 il ��t'��, 1':O::�Ci La�e b�e : r��n�..�i,�:d i�y a Lii? aprru��?d Jan. 16 by t,:� f-?oa�.. L�aao�-.•Ie:,a�:,re- r:ient R�iatio�Z� C;o!�<<�it- IP-�. •Z•},o l'011:�?itC+'.�. C�i�li'i'l:itl, Rep. Stanl�y l.nPbo, P;tin- ne.�j�o�i5 D��I:�r,s�;:�se- q�::nti}� d.:scribed tt�° qt;icl: aciio:�, �.;I�;cn cama 2I�t;C c1 t�;:0-11rii: ��.2:tii^L ti;.:c l:�it r.,a<<y qu�sl�.;:�s �� u�:Z��st,�ered, «s a. �o;�,e� piay" int2nd:�d to 1�rnoir s:r^te tsie D�i�'s ��,�i�1;; I�: ;��,� �::c� ri�tor.> c,t ot�t- f s:ai.a x��,rts u:t� sio� �s, I ,.;,;�� ,�., y,��.��ld i'eel t:�;� �r:: :tes� ':";.�^.,^..t. z+. <<;u� �t�a �:,�.��,a ..,�t �°. d0 i,�y�: ,?�::� �? :... ?�~o�Ii- Slp:i C''�rG'.1 �t.'.C'`� Q;?�,^,S:- `, �, r ^ .i'��t.j '� ' I tl•.'1 li.�:•.1 .C1(3 C.�itr."�:,� �ViiCl, ��,. � ;iC(;i1:r,,.., i'ri".i? titeit rr;f�l+,y>:r.,��iir-? , �';Cti'i: :fl: . CPCi>,'i �ll i!i);7�'$ r�•�<t c.:it 3,:;r_ of ±:� �., .,_ r��: :•�''�utn'ips. 1:)i�s;,`; �! i�:� t i� n �' c� �.; ,, O t � i' i� <L :: 1 ill;:'.: t;�.? ��:,� I.,• �... . , , r ^.' �,C:i1t� 1:1:'.i.f: �i;� i,fl �a':: .. . �o;-v:r or: labor issu�s. Sin�� Cnen, ?�a�.vever, Dav- +.d ;;ne, presi::�r;;, of i�e ��,r:l,;,:��:,.s n��L-c�o FF:�- eration of I^bor, ?�as h��.d tz�k_ «•eth s�.�nk-.s:n� ; for titose or�ani,'�siio��s that criti�ized ��rious a:pects of tl,e mini�nunl •,�a;;e hili aC tl;e 1an. Zo hearing. As z resu?t, Faricy said yes��rda,y, com;�:ot:�;ses l:a�: e b��; ;��a:�?:ed o<<t to: ::�.�'�.'�<'ii�nL 5:."i�C31 C�tP.°0- ries of et�;o'c;/e�s, irjciud• in�� catYii� cp.;r.�elors, ;,,::- t5ici�;� i fir��ea 2nci ofti- cials a.��i so.ne Iccal �or- �• ernr..°r!t jc�� usua?'y iii,�1 : S2�150.T12�� LJ� SLL:Cl°�1t3. . � DPlay ih� eif°ctij;e c1at:: of t:�:� :�;�i3'.atic�, �°;ita�s until the start cf 1�)T�. . � F_.xtenl fih e star.dard worh.�y°z�, pes�i�ty to�� hours, �vit.i�out�«y�me:,t oE OVc',i CIiTtB I'2`l�$. ��ilr�il5.;�2 �'1ftCj C�C: I�� 113V- i�l,^ nai�iCi�:li�d :z an;T�z- j;O�l3rlOri�, �i� S�i.� IlF 7S ��.��:ilv.�.�� t�^t t}iv �:O' pos�1 :mi�-?irn��m ^.,-<t,,� ;vii1. . ?�a �Io �t��:rFd. ?;1° :>'� I=�vel ;;as neen o�po:sa�i7:iraari- .7 +n s �;ti `, /Y`?� :) °'1':= . �': , j \ t �'j �r:11 �_�/!� NT� . a wi , CUt�ii*lueii iroitt �n�3 1%� stands t�� rec�.iv�, I'a:;;;v` cie%�.nded til� ea:iierq:.:c�: . act�.�,t oc it i=.i cor; a:itteu. " .� "IF ths b±':T had b e� e n' � }t r�, rl, u .��i.0 l� ti:�l)C=�i!Z il,..L�� 1�� saici, "�ve tiv a u 1 ci h:z� e � }t�;:rd 2 io` o� .easons �;��v t�iis t�iii t:;ho�:'i!n'� e:;:�t. �� lii$�.'%�� Aii � }�n .� ^, 3E'_�.��, t.... i,_��a of a. �ni�;i;;i��:n tva�;P l�a�i �)°i.'.C: uCC;P.i iE"� c^. .�i `l;. su^:,:::;�io:ts f��c rt:•�:tif:ca-' ti�n i�a� � ��:� � osi:i�: e. i I1� s.�id iu� i�tt�,,: s to ....- cc•7t .lit: lc:n�r-:r.nnw . ?il�i:t 1>:1��' i, -i"i Il! C:)i:!::1;,. ii' i�.I`L ..�� `i:'�i i`L. i;;•:t L:`.. �::�i, ('.�r�:`... � , t0 .^.I)i :�r t4 �; : i 1','�)l� :.� : 1G�i- :r[�t:t:;�' t'11;P '.:r��:'�;.. ti j; [)j'�).:t?i c:lso� is :;�'C�:d t+� . i: �c�:: f �� ;� -......: t�e;? f: ' ,i- 1�• �:;:��: ��^t:�•_t�s. i; '�. i.:.:l � ;:....?i i::i�::C.. • � : . , ' ,_ _ ti ,.`�Lr,.. s,. . t;,�: ��. ��.:t( .. _..i�� .'t �,�: :'i; ., :':' t:t•.'• f �: . �1 ... _.t:!^1.1Z�.: i... }r`:�. ,!.. li: ".i., (j�ii:i'C":.-. ... i:�l C>; -.; z::c;r,� C��:.....,., --� f . I 1 I , � � RESOLUTION NO.� 1973 14 A RESOLUTION AUTHORIZING THE SALE OF CERTAIN SURPLUS PROPERTY WHEREAS,The City of Fridley has items that are no longer suitable and useable for public purposed and are surplus to the needs of the Ci�y; and WHEREAS, The folZowing items shauld be disposed of at the best available price�obtainable for their salvage value; National Cash Registers used in Liquor Stores Serial #6094 M 9AS R6CFILC 6607942 Serial #6094 M 9AS R2IC 6388718 Serial #6074 9AS IIC 5546610 � �� Ser�ial #6074 9A SRi TLC 6554024 Serial #6064 M 9AS RI ILC 6554023 Serial �6064 M 9AS RT ILC 6554U25. One used Melink Safe Model FID NOW, THEREFORE, BE IT RESOLVED,That the City Council authorizes the City Manac�er to proceed with the disposa7. of the above items. PASSED AND ADOPTED BY � E CITY COUNCIL OF THE CITY OF FRIDLEY THIS �`� DAY OF � , I973 ATTEST: CITY CLERK - MARVIN C. BRUNSELL MAi'OR - FRANK G. LIEBL ' �I , � � �� i ' � � ' � � ' ' � n (Official Publication) CITY OF FRIDLEY BID NOTICE The City Council of the City of Fridley, Minnesota has items that are no longer suitable and useable for public purposes and are surplus to the needs of the City. The City of Fzidley will accept sealed bids on the following items: National Cash Register used in Liquor Store Serial #6094 M gAS RSCF'ILC 6607942 Serial #6094 M 9AS R2TC 6388718 Serial #6074 9AS IIC 5546610 � Serial Tk6074 9A SRI ILC 6554024 Serial #6064 M 9AS RI ILC 6554023 Serial #6064 M 9�5 RI ILC 6554025 One used Melink Safe Model FID . Sealed proposals will be received until 11:00 a.m. on the 13th day af Decer�er 1973 a� th� Fridley City Hall, 6431 University Avenue North�ast, Fridley, Minnesota 55432 (Tel�phane 560-3450). The City reserves the right to accept �he bi� which is�determined to be in the best znt�rests of the City. The City reserves the right to reject any and all bi�s and w�ive any �nformalities or technicalities in any b id received without explanation. Tnspection of the items for saZe is as follows: City of Fridley"Liquor Stor�e, 6289 Highway 65, Fridley, Minnesota Al1 bids must be subrnitted in a s�aled envelope and plainly marked on the outside with �he name of the equipment wanted. I�ZARVIN C. BRUNSELL CITY CLERK . PUBLISH: December 5, 1973 and December 12, 1973 14 A �- � , �: RESOLUTION N0. � RESOLUTION ORDERING IMPROVEMENT AND FINAL PLANS AND SPECIFI- CATIONS AND ESTIMATES OF COSTS THEREOF: STREET IMPROVEb'�NT PRO- JECT ST. 1974-1 AND ST. 1974-2 (MSAS) LJ �I ' � � � L � � � � � i ' � � J � WHEREAS, Resolution No. 143-1973 adopted on the 29th day of October, 1973 by the City Council, set the date for hearing on the proposed improvements, as specifically noted in the Notice of Hearing attached hereto for reference as Exhibit "A", and WHEREAS, all,of the pronerty owners whose property is liable to be assessed with the making of these improvements (as noted in said Notice) were given ten (10) days notice by mail and puUlished notice of the Council Hearing through two (2) weekly publications of the required notice, and the hearing was held and the property owners heard thereon at the hearing as noted in the said notice. NOW, THEREFOP,E, BE IT RESOLVED, by tlie Council of the City of Fridley, Anoka County, Minnesota as follows: 1. That the following improvements proposed by Council Resolution No. 143-1973 are hereby ordered to be effected and completed as soon ,as reasonably possible,to wit: ST. 1974-1 2. Squire Dxive) liarris Lake Rice Creek Road.,to Mississippi St. 3. Dana Court ) Estates Squire Drive East to Cul-de-sac 4. Camelot Lane) Addition Arthux Street to the East S. 73i Avenue Highway #65 East Service Rd. to Central Ave. 6. Bacon Drive Onondaga Street to 75th Avenue ' 7. Sunrise Drive � 61st Ave. to T.H. #4� Service Rd. 8. Rainbow Drive Jupiter Drive to T.H, #47:�ervice Rd. 9. Arthur Street Rice Creek Rd. to Mississippi St. ST. 1974-2 (MSAS) 10. Mississippi Street Central Ave. to Stinson Boulevard 2. That work to be performed under this project may be performed under one or moxe contracts as may be deemed advisable upon receipt o.£ bids. 3. That the City Engineer, Nasim M. Qureshi, and the City's Consulting Engineers are hereby designated as the Engineers for this improvement. They shall prepare final plans and specifications for the making of such improvement. � ADOPTED BY THE CITY CQUNCIL OF THE CITY OF FRIDLEY THIS _�_DAY OF � , 197 3, - ATTEST: CITY CLERK - MAI2VIN C. BRUNSELL MAY�R - FFtANK G. LIEBL 0 , L ' � � RESOLUTION N0. A RESOLUTION TO ADVERTISE FOR BIDS - BACKHO� LOADER LI i r i { � � , BE IT R�SOLVED by the Council of the City o� Fridley, as follows: ' 1. That ii is in the interest of the City to award ba.d con- tracis for the follotiaing items or materials: � � � i � � ' � � , BACKHOE LOADER 2. A copy of the specifications for the above described items and materials, together with a proposal far the method of purchase ai2d the payment thereof have been presented to the Council by the City Manager and the same are hereby approved and adopted as the plans and specifi- cations, and the method of acc{t�isitzon and payment to . be.requixed by the City witli respecl= to the acauisition of said items and materials. . 3. The purchase of said items and materials as described above shall be effected by sealed bids to be received and opened by the City of Fridley on the 7th day o£ January , 1974. The_City h9anager is directed and authoxized to advertise for the purchase of said � iter�s and materials by sealed bid praposals urider notice as provided by law and the Charter af the C1ty of Fridley, the notice fi.o be substantially in form as that shown by Exhibit "A" attached hereto aizd.made a part hereof by referenee. Said not�ce shall� be pub- lished at least twice in the official newspaper of the City of Fridley. PASSED AND ADOI'TED BY TFIE CITY COUNCIL OF THE CITY OF FRIDLEY THIS ATTEST: DAY OF � CITY CLER�hIARVIN C. BRUNSLLL i , 1973. NIAYOR - FRANK G. LIEBL 0 ' � ' � ' � � CITY OF FRIDLEY BID NOTICE for BACKHOE LOADER EXHIBIT "A" 16 �+ The City Council of the City of Fridley, Minnesota will accept sealed bids on One (1) Backhoe Loader on the 7th day of January, 1974, until 11:30 A.M. on said date at the Fridley City Hal1, 6431 Univer- sity Avenue N.E., Fridley, Minnesota 55432 (Tel:. 560-3450). All bids must meet the minimum reauirements of the s�ecifications. Failure to comply with this section can result in disqualification of the bid. Each bid shall be accompanied by 1 Cash or Bid Bond and made payable Fridley, Minnesota, in an amount of the bid, which check, cash or � neglects or refuses to enter in�o accepted. a Certified Check, Cashier's Check, witllout conditions to the City of of not less than five percent (50) bond shall be forfeited if bidder con.tract, after his bid has been The City reserves the right to accept the bid which is determined to be , in the best inter�sts of the City. The City reserves the right to reject any and a11 bids a.nd waive any informalities or technicalities in any bid received without explanation. l � The City Council also reserves the right to consider such factors as time of delivery or performance, experience, responsibility of the bidder, past performance of similar types of items or materials, availa- bility of products and other similar factors that it may determine to be in the best interest of the City. � Copies of the specifications and general conditions may be examined in the office of the Purchasing Agent, or copies may be obtained from �his of£ice. 1 � Al1 bids must be submitted in sealed envelopes and plainly marked on the outside with "BACKHOE LOADER". � Publish: Fridley Sun � � � December 19, 1973 December 26, 1973 Nasim M. Qureshi Acting City Manager � - " , . � � ' � � � � � � � LJ � I r RESOLUTION N0. A RESOLUTION TO ADVERTISE FOR BIDS - FRONT END.LOAD�R BE IT RESOLVED by the Couneil of the City of Fridley, as follows: 1. That �t is in the interest of the City to award bid con- tracts for the follotiai.ng items ox materials: FRONT END I,OI�DER 2. A copy of the specifications for the above described items and materials, �ogether �,Tith a propasal for the method of purchase and the payment thereof have been presented to the Council by the City A7anager and the same are hereby approved and adopted as tlle plans and specifi- cations, and the method of acquisition and payment to be xee�uired by the Ci.ty with respect to the acauisition of said items and materials. - 3. The purchase of said items and materials as descxibed above shal� be effected by sealed bids to be received and opened by the City of Fridley on the 7th ,day of January , 1974. The_City Manaber is directed and authorized to advertise for the purchase of said items and materials by sealed. bid proposals under notice as provided by 1ai�r and the Charter of the City of Fridley, the notice to be substantially in form as that shozJn hy F.xhibit "A" attached hexeto and made a part hereoF by refexence. Said notice shall be pub- lished at least ttivzce in the official newspaper of the City of Fridley. P�ISSED AND ADOPTED BY T�IE CITY COUNCIL Or THE CITY OF FRIDLEY THIS DAY OF , 1973. 1�TTI:ST : CITY CLERK - hIAI2VIN C BItUNSELL � � NIA1'UR - FltfltiK G. LIE�3L 0 � � ' 1 � � � 1 � , CITY OF FIZZDLEY BID NOTIC� fox FRONT END LOADER EXEIIBIT "A" 17A The City Council of the City of Fxidley, biinnesota .zaill� accept sea].e�l� bids on One (1) Front End Loacler on the 7th dzv of .7anuarv 1974, until 11:30 A.1�I. on said date at the Fridley City Ha11, G4�1 Univer- sity .�venue N.E., Fridley, I�4inneso�f:a 5543"L (Te1: 560-3450). All bids must meet �the mini.mum reauirements o:F the specifications: �ailure to comply zaa.th this section can xesul� in disqualification of the bid. . Each bid shall be accompani.ed by a Ceriified Check, Cashiex's Check, Cash or Bid Bond and made paya.ble without conditions to the City of Fridley, Minnesota, in�an amount of not less .than five percent (5.°s) of t�ie bid, i�Thich check, cash or b�nd sha17_ be forfeitecl if bidder neglects or re£uses to enter inta contract, after his bicl has been accepted. , The City reserves the right to accept the bicl �ahich is determined to be � in the best interests of the City. The City reserves the right to rejec-� any and a11 bids and tioaive any informalities or technicalities in any bid received without explanation. � The City Council also reserves the right to consider such factors as. . time of delivery or perfoxmance, experience, responsibility of the . bidder, past performance of similar types o�f.items.or materials, availa-. � bility of products ancl othex similar factors that it may determzne to . be in the best interest of the City. . , Copies o� the specif:ications and general c�ndiiions may be examined in the office of the Purchasi.ng Agent, or copies may be obtained i'rom his office. .. . . � ' � � , ' I , Al1 bids must be submit�ecl in sealed envelopes and plainly rnarked on the outside w?.th "FRONT END LOADER". Publi.sh: FridXey Sun December 19, 1973 December 2G, 1973 Nasim I�i. Qureshi Actzng Ciiy Tianag'er i CONTI2A�7'OF.'S LIC�NS�S TO BE APPROV�b BY COUNCIL AT THEIR REGULAR M�ETTNG ON D�CII�ER 10, 1973 (ALL IiAV]'s A$25.00 FE�) GL'NERAL GONTREICTOR APPROVED BY Erco, Incorporated 3231 Gentral Avenue , ' Mimieapolis, Minn. 55418 By; 0. R. Erickson C. Belisle Metro Metal.s Incorpoxated 4345 Lyndale Avenue North Minneapolis, Minn. 55412 By; David rranlcson C. Belisle Miracle Construction Company 2807 - 63rd Avenuc North Broolclyn Center, Tiinn. 55429 By; Robert W. Johnson C. Belisle Swanson Construction 466 - 83rd Avenue N.L'. ' Minneapolis, 1�iinn. 55432 By; Dean Swanson C. Belisle H�ATING . Hoglund riechanical Contractors Inc. 7420 Tdest Lalce Street Minneapolis, Minn. 55426 By; James Parson Lloyd`s Sheet t�letal 4911 - 4th Street N.E. Columbia Heights, Minn. 55421 By; L1oyd Graczyk W. Sandin W. Sandin � � : - - ].9 A I� LIST OF LICENSES TO BE APPROVED BY THE CITY COIJNCI� AT THE MEETIN'G OF' DECEMBER lOL 197� � � TYPE OF LICE�ISE BY APPROVED BY FEE � �HR7STNI�IS. TR� _ . : Reinke Brothers Boyd Reinke DEpaty Fire Chief $ 25.00 1 815u East River Road (100.00 Fridley Deposit) jCIGAR�TT�, Howard Johnson Co. Edward A. Hanson Public Safety Director �..00 ' dba . Gronnd Round 5277 Central Avenue NE * Fridl.ey � ■ i . � 1 1 � � � . 1 . - r i � . I � . r � � � � i . . �� . � , _ . � � ZNLTIPLE DWELLING LICENSES TO BE APPROVED j, Period September 1, 1973 to September 1, 1974 i � <OidNER ADDRESS UNITS FEE APPROVED BY: ' �Douglas Investments 2505 Si.lver Lane N.E. Mpls, Mn. 55421 ,Mrs. L. A. Torgeson 3673 E. 3rd St. Tucson, Arizona �Kent E. Welter 5704 - 56th Ave. No. �Mpls, Mn. 55429 Rustic Oaks Corp. 1200 - 72nd Ave. N.E. ,Mpls, Mzi. 55432 � KBM Invest. Co. 3005 Ottawa Ave. So. Mpls, rin. 55416 ,James Parnon Parlon Co. 1675 Grand Ave. �St. Paul, Mn. 551Q5 Clzris Jelevarov 6191 Scorpio Circle Apt. 230 Tampa,. Florida r � i � . : . �1 1 �1 � � I ' 5980 - 2nd St. N.E. 4 6061-63-65 - 3rd St. N.E. 3 5370 - 5th St. N.E. 1200 - 72nd Ave. N.E. 1619 - 73rd Ave. N.E. � 42 24 361 - 74th Ave. N.E. � 8 160 Mississippi Place N.E. 4 $15.00 15.00 15.00 47.00 29.00 15. 00 15.00 Robert D. Aldrich, Fire Prev. Robert D. Al�rich, Fire Prev. Robert D. Aldrich, Fire Prev. Robert D. Aldrich, Fire Prev. . Robert D. Aldrich, Fire Prev. Robert D. Aldrich, Fire Prev. Robert D. AZdrich, Fire Prev. 0 �� ESTIMATES FOR CITY COUfJCIL APPROVAL - DECEMBER 1�, 1973 I, Mr.. Carl Newquist., City Prosecutor Hall, Smith, Juster, Feikema & Haskvitz 1050 Builders Exchange Building '� � Minneapolis, Minnesota 55402 Services rendered as Prosecutor for November � , � I ' , , Bury & Carlson, Inc. ' 6008 Wayzata 8oulevard Minneapolis, Minn. 55416 FINAL ESTIMATE N0. 8 for Street ImprQVement Projecis ST. 1973-1 and ST. 1973-2 (MSA) ST. 1973-1 $ 24,508.61 ST. 1973-2 (MSA) 4,298.03 Comstock & Davis, Inc. ' Consulting Engineers , 1446 County Road�"J" Minneapolis, Minnesota 55432 ' ' FINAL ESTIMAT� N0. 2, for planning Water Improvement Project No. 109-A FINAI. ESTIMATE N0. 2, for planning Water Improvement Project No. 110 Partial Estimate #8 for Street Improvement Project No. 1973-1 & 2 from October l through Plovember 2, 1973 Partial Estimate #3 for Water Improvement Project No. 109-B from October 1 through November 2, 1973 Partia� Estimate #9 for Water Improvement Project No. 111 from October 1 through November 2, 1973 Partial Estinzate #6 for Sanitary Sewer & Water Improvement Project No. 112 from October 1 through Novem:ber 2, 1973 � Partial Estimate #2 for Street Improv�ement Project � #1972-1A from October 1 through November Z, 1973 Mr. Dave 0. Harris � 470 Rice Creek Boulevard Fridley, Minnesota 55432 FINAL billing - Agreement, August, 1973 0 $ 1,135.00 24,508.61 4,298.03 195.74 596.00 751 :12 317.68 .362.19 142.96 171.89 17,375.00 STATEMENT HALL, $MITH, JUSTER, FEIKEMA and HASKVITZ ATTORNEYS AT LAW 1050 BUILDERS EXCHANGE BLDG, MINNEAPOLIS, MINNESOTA 55402 339• 7481 � City of Fridley 6431 University Avenue N.E. Fridley, Minnesota 55432 ATTN: Nasim Querishi City Manager CJN L PLEASE RETURN THIS P0f3TION WITH VOUR PAYMENT SUBURBAN OFFICES OSSEO FRIDLEY � J, DATE s � � • 6ALANCE —� FORWARDED FROM LAST STATEMENT 12/3/73 Services rendered as Prosecutor for the City ,of Fridley November 1973 retainer $1,000.00 Secretarial Services 100.00 Time in excess of 30 hrs. minus credit (1 hr.) 35.00 $1,135.00 $1,135.00 ( dec:a�e urre� oen�":ies of iaw that this acccunt �sn �r �:a�:, ;r;c+ �s �L5i and rOt'- , ♦ i ,. ',{ ��CL G.� t` � 1 7�� ..I�:�:�..L � i �i 1:�i5 �t.:Ci� �c�'�U , ; ti�.,.. r J� n'+ urt OT" Cla� an 'HALL, SMITH, JUSTER, FEIKEMA AND !-1ASKVITZ � � ATTORNEVS AT LAW E�g israoz - . TIME RECORDS FOR NOVEMBER, 1973 PROSECUTION WORK 1. Time in Court, including travel 2. Preparation of Complaints and other Correspondence . 3. Office conterences with citizens, police officers, court employees� city employees and highway patrol of£icers 4. Phone conferences with citizens, police officers, city employees, court employees, highway patrol officers and attorneys - 20 A 16 hours 30 minutes S hdurs 45 minutes 3 hours 15 minutes 7 hours 30 minutes TOTAL 33 hours i� I I � �� , � , CITY OF FRIDLEY ENGINEL-'RING D�PARTMENT 6431 UNIVERSITY AVENUE N.E. FRIDLEY, MINNCSOTA Honorable Mayor and City Council City of Fridley c/o Nasim M. Qureshi, Acting City Manager 6431 University Avenue N.E. Fridley, b4innestoa 55432 Gentlemen: CERTIFICATE OF THE ENGINEER December 6, 1973 . We hereby submit the FINAL ES1'IMATE N0. 8 for Bury F� Carlson, Incorporated, 6008 Wayzata Boulevard, A�inneapolis, Mianesota 55416, for Street Improvement Projects St. 1973-1 and St. 1973-2 (1�1SA).. Original Contract $460,622.48 ADll: Change Order No. 1 39,736.46 ADD: Change Order No. 2 . 45,704.73. DEDUCT: Change Order No. 3 8,254.15 Revised Contract Price for St. 1973-1 � $537,809.44 St. 1973-2 Final Construction Cost for St. 1973-1 F� .St. 1973-2 " Final Construction Cost for St. 1973-1 LESS: Estimate #1 $38,847.56 Estimate #2 54,G21.70 Estimate #3 67,92.4.01 Estimate #4 61,523.42 Estimate #5 30,028.97 Estimate #6 46,549.30 Estimate #7 69,491.81 A1�SOUNT DUE FINAL ESTIMATE N0. 8 Final Construction Cost for St. 1973-2 , LESS: Estimate #I $I8,38I.75 Estimate #2 37,400.40 Estimate #3 21,702.00 Estimate #4 31,920.75 Estimate #5 23,972.24 Estimate #6 19,920.77 . Estimate #7 4,638.49 AMOUNT DUE FINAL ESTIMATE N0. 8 $555,739.79 $393,505.38 $368,996.77 $ 24,508.61 $162,�34.41 $157,936.38 $ 4,298.03 �. � , � II i� ' � � � � � � L� r. r � St. 1973-1 � St. 1973-2 Page Two 20 C We have viewed the work under contract for the construction of Street Improvement Projects St. 1973-1 and St. 1973-2 and find that the same is substantially complete in accordance with the contract documents. I recommend that final payment by made upon acceptance of the work by your Honorable Body, and that the one year contractual maintenance bond commence on December 17, 1973. _ � Prepared by� � _ �� (.-�� C_---� . � � Checked by ��f'{ Respectfully submitted, i�J��_..�J ��z�-�� . NASIM M. QURESHI, P.E. City Engineer-Director of Planning FINAL Estimate for Bury F� Carlson, Incorporated Street Improvement Project St. 1973-1 and St. 1973-2 CERTIFICATE OF THE CONTRACTOR 0 This is to certify that items of the work shoGVn in this statement of work certified herein has been actually furnished and done for the above mentioned projects in accordaizce with the plans and specifications heretofore approved. The Final Contract Cost is $555,739.69 and the Fina1 Pa�ments of $28,806.64 fox Street Improvement Project St. 1973-1 and St. 1973-2 would cover in full the contractor's claims against the City of all labor, materials, and other work done by the contractor under this project. I declare under the penalties of perjury that this statement is just and correct. i��__�� DATED / c� � jt� � � � , � BURY $ CARLSON, INCORPORATED � ,. � � : � -_ _- �,._ _ • �._- _ CiT`l EN�INEERING ':�'�:`"t..�iF-iEI�T '' ' City of Fridley, Minnesota Honorable Mayor and City Council �6431 Univeristy Avenue N.E. _ '� . Fridley, Minnesota 55432 I Re; FINAL Estimate # 8 for Bury $ Carlson, Inc., 6008 Wayzata � Boulevard, Minneapolis, Minnesotia 55416 I , • Street Improvement Project St. 1973-1 ' Gentlemen: � � This final estimate is submitted for the work completed and the �� material on hand this date, all according to the contract. Iten°+ _, V guantities Item .Unit Pric� � S-1 11 Assm. Hydrant Relocation (Horiz) $168.00 S-2,: S Unit Valve Box Extension 34.00 , ,_. 217 Cu.Yd.V.M. Drainfield Rock ior Hyd. 8.95 5�2.3 � '3366 Lin.Ft. FF�I 1" Type K Copper Water Service 7.85 S-2, 3 3366 Valve ; FF�I 3/4 X 1 Muller Corp. Valve 11.20 �S -.2 , 3 . - 3366 Box FF�I Curb Boxes for Water 1" 28.00 2503.503 60 Lin.Ft. 6" V.C.P. for Sewer Serv. 0-10! Depth 16.80 , 2503.511 161 Lin.Ft. 12" R.C.P. Sewer 13.45 2503.511 493 Lin,Ft. 15" R.C.P..Sewer � 14,00 � 2503.511 300 Lin,Ft. 24" R.C.P, Sewer ��•90 � 2503.511 Lin.Ft. 36" R.C.P. Sewer 25.75 2506.506. 25•l Li�n.Ft. Const�uct M,H. Design A or F 72.80 ' S-� l2,,Z_��ch Construct C,B. Special Design 252.00 � 2506.508 �_Each Constxuct C.B. Design A or G 335.00 2SOb.511 56.0'�in.F�. Reconstruct M.H. 72.80 , 2506.a21 �ach Install Castings 35.00 ' 2506.516 4Each Casting Assem. 700-7 W/712 Covar 90.00 I' 2506,522 74Bach Adjust Frame $ Ring Castir�g 100.00 � � I � , � ' • A _�� Tat�I �,_1,,$.4$.O(�_._ , ] 70�QQ.___ ._1_,.242_.1S__� 1,008.00 2,165.45 6,902.00 4,860.00 1-.827.28 6.300.00 2,,680 .00 4 081.9Q 360.00 7,400.00 � � ;. • FINAL EStimate # 8 �or Bury $ Carlson, ��ic. ,, Stxeet Improvement Project St. 1973-1 � Item No, Quantities S-6 Acxe i � $_6 705�� In. Aia. -----r— 2IQ�$, 501 29� Lin, Ft. ' 2105.5p1 16,369 Cu.Yd. �, 2105, 50S 26,, 178 Cu. Yd, 210:�.a�1 13,526 Cu.Yd.V.M. � 253 ": .':, ; i 36, 331 Litl. Ft. • S-�"'x 20.45 Cu.Xd. ' . a.l 1, 558 .>q.Yd. ' 2521,5p1 4,728 Sq.�t, 2531,507 924 Sq,Yd, ' 2,575.551 561 Cu.Yd,V.M. 2575.50� Acxe ' 2575.502 Lbs. ' 2575.531 1.2 Ton � zs�s.505 13,s�s sa.Yd. t5-22 395 I�in. rt. S-8 3 Risex � ' S-2A � I.in.Ft� � � 2557.50:]. . I S-2Q.� 388' Lin,Ft. 'I ' 2130.50� 223 M/Gal. 2211.501J21,062 4 Ton / � 2357� 502 �8�_,Gal. � � � Item Clearing $ Gru',�bin� Clearing � Grubbing Remove Conc. Curb y Gu�ter Coaimc�n Excav��ion Hiuck Excavati.on Granular Borrocv � � Conc. Curb � Gutt�r Design 8�618 ' Cxush�d Rock �or D/W 2" 2331 Asph��t D/�t� 4" Concrete Walk 6" Concrete Pavem�nt D/W Unit Price $1,650.00 4.00 1.50 1.92 1.22 a . 86 2 . 89 7.0� ' 3,00 0.8� 6 . 30 Topsoil Borrow 2.90 Ao�dside Seeding 390.Q0 Sead (Mix�ure #6) 1,00 Commercial Fertilizer 1�2-12-12 Sodding Sawing of Existing Conc. 4"-6" Depth 5idewalk Ste�s - Concrete Gh�in Link Fence Relocation 20Q.00 Q,48 1.25 26.00 ]. . Q 8 F�I Chain Linl� Fancing 48" 2.78 ' Water 6.00 Aggregate Base Class V 2.46 Bituminous Mat, for Tack Coat 0.25 � 20 E Page 2 Tc�ta2 $ �,_ 2,820.00� 435 ._00� 31, 428 . 48__ 31� 9 3 7 ...16,.. 11,_630,,.36 _ 104„�,99,6_._59._. 1�3.15_ 4.674.00 4.018.80 5•821,2Q 1.626.�J0 , 240.00 6.517.44 493.75 ?�. o0 � : � • �� d�'� 7 � i ., � ' � FI NAL Lstirnat� '.� g for i�ry � Carls.;-:, �:�;�_:. Street Improvement Project St. 1973-I ' Item No. Quantities Item �I t 2341.504 655.67 Ton . Bituminous Material £or Mixture 2341. S0�'7493. 61 Ton Wearing Coursa Niixture ' 2341. S1t�4214.92 Ton Einder Courss A�fix�ure ' S-4.1 3 Each Remave � Replac� E7;ist. C.B.s S-4.3 Each Remave � Replace Exist. 36" Conc. � Aprans S-4." 5 Each R�model Exist. C.B.s F� M.H.s � . TOTAi.: � Less Est. No. 1 $38,847.56 Less Est. No. 2 54,631.70 Less Est. No. 3 67,924.01 ' Less Est. No. 4 61,523.42 Less Est. No. 5 30,028.97 Less Est. No. 6 46,549.30 Less Est. N o. 7 69,491.81 ' � _ APdOUNT DUE FINAL ESTTMATE N0. 8 ' llnit Frice $ 36.00 5.60 5.60 224.00 84.00 112.00 r�'i� Page 3 TO �'' i_-. 23 604.12 41,964.21 23,603_55 672.00 560.00 $ 393,505.38 $368,996.77 $ 24,508.61 ' � .- � ' - Approved By ��Y'�u�� ( � �c-=-ti-�,"� NASIM M. QURESIiI, P.E. . City Engineer-Dir. of Planning ' ' � �Sr --__.. Pr.epared 13y _ ` �._ �-- ��'�C�-�� t'�; . '' L�� , � � Checked By � �+' � � . I I ' ' � ' ' ` � p��@ December 6, 1973 ' � � CITY��EN�INEERING �:'�-:�'r��?'�q�N�' City of F.ridley, Minnesota tHonorable Mayor and City Council , - 6431 Univeristy Avenue N.E. Fridley, Minnesota 55432 � Re: FINAL Estimate # 8 for Bury $ Carlson, Inc., 6008 Wayzata Boulevard, Minneapolis, Minnesota 55416 � • Street Improvement Project St. 1973-2 Gentlemen: , �This final estimate is submitted for the work completed and the material on hand this date, all according �o the contract. � Iter� f�?��, Quanti_ties Item .Unit Pric� ' _-� A m. S-1 7 Assm. Hydrant Relocation (Hoxiz) $168.00 � 3_2:r 4 Unit Valve Box Extension • . 34.00 F.;, 42 Cu.Yd.V.M. Arainfield Rock for Hyd. $•95 '5--2. 3 3366 Lin.Ft. FfrI 1" Type K Copper Wa�er Service 7.85 5-2.3 11.20 �3366 Valve •: F�,I 3/4 X 1 Muller Coxp. Valve S-2.� 28.00 3366 Box . F�I Cuxb Boxes for Water 1" '. 2503,503 Lin.Ft. 6" V.C,P. far Sewer 5erv. 0-10' Depth 16.80 2503.511 117 Lin.Ft. 12" R.C.P. Sewer 13.45 ' 2503.511 109 Lin.Ft. 15" R.C.P. Sewer 14.00 ' 2503.511 7 Lin.Ft. 24" R.C.P. Sewer �7.90 � � � 25.75 2503.511 42 Lin.Ft. 36" R.C.P. Sewer ' 2506.506 12.4 Lin.Ft. Const�uct M,H. Design A or F 72.80 S-4 g Each Construct C,B. Special Design 252,00 , 2506,508 3 Each Construct C.B. Design A or G � 335.00 ' �250b.511 Lin.Ft. Reconstruct bt.H. 7z•$p 35.00 2506.521 Each Install Castings • I' 250G.516 __T 2_ Each Casting Assem. 700-7 W/712 Covar 90.00 � 2506.522 16 �ach Adjust Frame F, Ring Casting 100.00 . � � - � ' � 20 G TCt;�i � 1•1 6•;00 _ 136..00�. 375.90 - -- — � , i L,,s��.�s -- _� -�-5 -6_2_ i�.n �nR� 5fL � qn�_�� 2,016.00 1,005.80 180.00 1,600.00 I � 0 �FINAL Es,tima�e � 8. �ox Bezxy � Carlson, ir��. Stxeet Improvement Prpject St. 1973- 2 I � Ttem No. Quantities S�6 .32 Acre I � S�6 �6In. pia. I I � 2�q4.5Q1 10 Lin.Ft. i 2105,501 5,310Cu.Yd. ��. 21.p5. 50,5 11, 004Ctt. Xd. 2�.0��,.; .-:1 7,093Cu.Yd.V.M. �� 25:; �,. .. 13s669 Lin. Ft. i • S-.� <. 66.8Cu.Yd. ' � ,.:s � 131St�.Xd. ' � z�z�.soi sa,�t. 2532.507 11Sq.Yd. i� 2575. SS1 Cu. Yd,V.1�� ' � �575. a01 ^_____�,Acxe 2575.502 Lbs. I � 2575,531 Ton � , 2S7S,505 22�Sa.Yd: � g..z� Lin,Ft. � �_g _ Risex � S-2Q .___r__ �.in. F�. �I �2557,501 S- 2 Q .1 �_�______I.in . P � , 2130.50� 25 M/Gal, �� 18 268 . 0'� n 2211, 501 ,�,.,,,_., o II ' 2357.502 � al. Item Unit Price Clearing F� Gx°a�b'�i.ng $1,650.00 Clearing f� Grubbing a.00 Remove Conco Cur� Fx Gutter 1;50 Comm�n Ex�avation 1.92 Muc�C Excava�ioat � � 22 Granu�ar Barraw � Q.86 Conc. Curb F� Guttex Design B-618 2.89 ' Crtashed Rock for D/W 7.00 2" 2331 Asph.�,l� n/�d � �•OQ 4" Cancrete Walk 0•8� 6" Concrete Pavement D/W 6.30 Topsoi 1 �3orxow 2• 90 Roadside S�eding 390.00 Seed (Mix�ura #6) 1,00 Commexcial F�rtilizer ?�2-12-12 - 2A0•4Q Sodding U,48 Sawing of Existing Canc. 4"-6" Depth 1.25 Sidewalk Ste�s - Concrete 26.00 Chain Link Fence Relocation �•a8 F�I Chain Link Fencin� 48" 2•78 Water 6.00 Aggregate Base Class V� 2.a6 Bituminous Mat. for Tack Caat 0.25 � � 1 20 H Page 2 ic�t21 � $ 528.00 � 184.00 ; i 15.00 A......_..._ �w �� 10,195.20 � ,.,........ . . ....._. i i 13,424.88 6,099.98 ...3.�.,.5.0.� �.4I.�_ ---4�7, . 6Q_._ _...w,...�9_3_� Q 0. _ 69.30_ 108.00 150.00 45.826.35 167.50 � ' . I� FINAL Estimate t� g fol }�;:�y �, Carls.;;�, :�,,•::. Street Improvement ProjYct St. 1�7"s-2 i � Item No. Quantities � � 2341.504 2�2� Ton � 2�41.5083�g,�6•2�Ton 2341.51C� 13�Ton � S-4.1 ��Each S-4.3 2 Each � S-�. "° � � i � l � 1 � 1 �i Each Item Bituminous Material for Mixture Wearing CourSe b4ixture Binder Course P�lixture R�err.ov� � Rep Iace Exist . C. B. s Remove �, Replace Exist. 36" Conc. Aprans Remodel Exist. C.B.s F� M.H.s TOT�i.: Less Est. No. ]. $18,381,73 Less Est. No. 2 37;400.40 Less F.st. No. 3 21,702.00 Less Est. No. 4 3I,920.75 Less Est. No. 5 23,972.24 Less Est. No. 6 19,�20.77 Less Est. No. 7 4,638.49 AMOU:�IT DUE FINAL ESTIA4ATE N0. 8 Unit Price $ 36.00 5.60 5.60 a2a.00 84.00 112.00 Approved By �f ��-�_u.c �L� �� .,� �z,,, � � NASIT4 M. QURL'SHI, P.E. � � ��. �� City Engineer-llirector of Planning Prepared L - �.��c��µ�J� Checked By ,i�,f ,��„t � , �� . �� Page 3 To�:3i $ 9.447.84 22,155.00 737_.28 896.00 .: 11 � 162,234.41 $ 157,936.38 $ 4,298.03 � � 0 C(?�S�(�CIC & DAV�S , II1C. Consu�3.�:Lng �ea��.�ers I��o-6 Catsz��y �o�ac� '�.T" A�aa��t�p�T�i� 9 Pifnnes�tta 5�t�32 zao�,��x a7, �.s7� � Ci� P�'�.nd�� `� : y ��t�a37. 6.'f 4: A��' i'n. �;;� i:? C�i.P . a'jl� g�3 �:� �:��'.°'ia..T2f� �GT� �'s� �� Q� �?"."�L: �,�� 6��a ��:��sic3� r��: ��4=�, P3.�. MM�.n��pc��t3s, p�:�.��ae3��m ��432 � Ce:nL�.�r.c�at: . CET�.�'iR T��.�� '�a�, I:�,C��i�g��3� 1 T-Ie h��by rub�iti �v4:�ra4�� i�a. 2g �:is� ��.��c�? : w^�::��:�t�, �as- G'C��S�OC�C � I�iEI��.Ss �m.c.q 1G1�£ 4LSIf:l1Ly F��t��3 ��.Y��9 i�:ix�n��r��.is, F=�..r ��::�c��a ��32, �'n� Che �cixzi�.sk�i�� UX �'�+'f +<?}',:3�^ur?.� �Y?u>;�?�c��^s.::�."..n �'G'.i:`^V�.�(?�^^� �:�'� ��?��i�a'fz°i-�T $ °' c+ r �.a�.��, i�n�rav�r,:4n� ��o�..cL � Pdn. 50:;—�. . - GONT��Te��`S 1��'�. ��{�L`� �9n7f�7.�0 iS�tg�.� I:n�;ine:ex�s�� — 7°l, $6i#SoQ9 �vount P�3.d �o U��e - - �a�9 , �S 1 �2�u�yy +'�� t+e • o • a • o o e e • • e e • o 0 0 • e • s • • • e • �� . $1.95. 74 � � E�1C/mjg � � R�sp�c�fca��y aubr�it�ed, .. � E;'JPL�iC�K €� T311�S, iNCe � /`�`�° ;.e��.�°R--�°j��—� y l/' E. V. Ca�ms�oc�C, P. E� �0 � � �� ' � � � .� �� CO2LSTQ�?Z & DA'�S, ��,�. Cvn�ul��.�a� En��.neers �.Ei�B� i'iL3i2�3Y:,°,d �20t3� 11�PI l�ii�ne�p�lis s �i�n.n��oCa ��532 Na�tts��a�� 27, 1�73 Gi.�� i�r3rks�. �� ° ��. F �f ��°1�.�.� � �,�a� k�:�. I�,::��n Q�a��i��b �:� �;� x�:�t��.z��' � C�? f;y o.i �<w t c�,:'.::y x�,��, t��z:��;��:��.�:;� �.�4�:��5 r�e�c I�T�.r.n��a��.:�:��. ��.�.��.� �ryi��r ��?_ C-en�.Ie��a : .� o' � �'��iT��1l:�e"��°i: GF' 1'�r1i< EN�Z�?'£ER �J� he�e�� ?�z�� 4 ��- �i,L;:�� %'ad 2, �.�a�� .j:. Z � af �F -qr�9 �o� ��.�tack & :;�vis, �E1�< � �..w'�3Y? sr,�,�€'��jr 'r:t?...t� 49vE9f' �:�."ta.,�u� G°?.�� r `��if.x?�.w��i �3 ��S��y �C��' �it� ws:��eishin� Q� i�s;i��"4 �+<<:> d t)+Fi�. i � = �.y�. ��'i �x.�t��:it?�' �'? ��:�„:�: �fJa �S�.�s"T2:.3:�.?l� �°i�:�G'i: �i.'�i�L�u3itG�ii� 3�' �f?,�L.'�� ii0 • �.�.a . L�°lY dE�4�l3Li S� L b1Y 1 a L kEb "„Peiu . � $d.J p liUtJ s V V Br�� g�.n��°�.�� ':�� — 7� $�p086.09 A.��n� i�ra�.ci ro �� , 1��0o��J .��= ��`��tb� �'�+s�+• • e o • e e e a o • e • o s e • • e o • • e e • • •y� ��iCisQa ' I��p��:��s��y ��s��ed, � ��S�GC�C & Ux�i�'�S, �P3�. � ,.._---- /��f� � . X3y G:.''��`',`' `¢ ��"�"� .��" 4,.ss • � �;. �". G�;d°t:sL��&;., 8'. �. . � EVC�:nj� � i � �i 0 0 , sj v -L Final billing from Dave 0. Harris, al� conc�itians of �greements dated the ].4th day o£ August, 1973 and the Ilth day of October, 1973, h ave been complied ti�ith. � � Final Bill � $11,?_5Q.00 6,125, 00 17,375.00 ;(.-�.( --��.:—�..� LS�� Da e 0. l�arri`s � T0: FROM: DATE: SUBJECT: MEMORANDUM NASIM QURESHI, ACTING CITY MANAGER JAMES P. HILL, P_SSIST�NT CITY MANAGER/ PUBLIC SAFETY DIRECTOR DECEMBER 5, 1973 METRO 500.TRUCK PARKING In response to Councilman Nee's letter concerr_ing the above subject, we have reviewed the Police Departm�nt files and find that there has not been any tickets issued by the Police Department for parking aver twenty-four h.ours at this location in recent months. The citing of viola�ors for parking over twenty-four hours, generally, is nat a common violation. Thi� basically rests with the fact that it would be rather difficult to check all parked vehicles on a regular basis to determine whether or not they are parked at one locat:i_an without any rotation of the wheels for a period of twenty-four hours. This is one of the main reasons for the reques-t of the new trucl� ordinance in residential� zones having a considerably less time 1.imit for enforcemez�t purposes. The current ordinance which prohibits parking on Ci�y streets over twenty-foux hours normaZly is enforced through the follow- up of a specific complaint, as is the case now with Councilman Nee. . The Metro 500 situation creates several additional problems. Upon checking this location we find that vehicles parked on the street are in effect the trailers o� semi-trailers. In other words, no motorized vehicles such as the tractors were observed. Technically, the trailer on the street is a vehicle and will be in violation if the specific trai]_er rests at the exact spot over a period of twenty-four hours. The probl�m arises, however, after consulting our City Prosecutor, as to who the Police should tag once the violation is verified. Ey law, the registered owner is subject to prosecution. However in this case, there are out- of-state trailers invo)ved which obviously will create some difficulties. %le can tag the registered owner of the•trailers, however this probably will not solve the problem since the trailers could remain at that ].ocation. The registered owner may elect to pay the minimal parking violation tag or may not. The possibility exists that possibly if we could prove beyond a reasonable doubt that the owner or lessee of the rietro sta�ion had physical control of the trailers, he could be tagged. We do not, however, know factually what the situation is at this location. It may well be ti�at these trailers are dropped off at various hours of the nic�ht and the operator of the tractor leaves that location without the � � � �� Page 2 Memo to Nasim Qureshi Metro 500 truck parking placi.r.g of �re trailer necessarily being under the control of Metro 500. As you can see this becomes quite a difficult problem. On December 4, 1973, I assigned a police officer to photograph the vehicles in violation as we11 as the total area that is being auestionned. I sI�ould have available by Friday, December 6, ei.ght-by-ten black and white copies of this area which you may want to utilize for Council's aeliberation. In addition, on this date I assigned a police officer to contact the person in charge of P�etro 500 who was George Castonguay (spelling may be incorrect). Mr. Castonguay �ras given a copy of our City ordinance 506.03 and 506.q5 wh.ich delineates the violation of parking�over twenty-four hours, as well as the City's authority to remove vehicles for snowplowing purposes. The officer indicated that he was well received by Mr. Castonguay and Mr. Castonguay i.ndicated he would move the trailers and further that he oaas looking for a better location for that business. I have mad� arrangement� with our cantract tow to have the � • trailers removed should the need arise due to the plowing of- City streets. . � � , � � i � �� Z1 A It would be my recommendation that if this probZem is to continue that the City post both sides of this street ��ith "No Parking" signs. T�iis action will at least give the police a clear authority to tag the trailers, without the deliberation of technicalities about a specific trailer being at a specific location over the twenty-four hour period. It should be noted, however, th.at even with the posting of the street the problem of who to tag and how to obtain a conviction in Court is still quite nek�ulous. It is hoped that the Metro 500 owner will voluntarily comply with this violation af the law. The police will recheck this location in approximately two to three days to determine whether or not the vehicles have been removed from the street. • � � I I � � � � � 1 � � , ME�IO : TO : Nas im Qures hi Actin�; City rlanager City of Fridley, Tlinn, FR: Ghn, J , Nee SUBJ : �letro 500 Truck Uarking Nov. 29, 1973 Ove r the past two nlonths I have made weekly ins�ectzons of the METRO 500 loca�ion on Uni.versi_ty Ave, which is presently being used as a truck parkin� area and maintainance facilitye I note a wide variety of violations of our ordinances beyond the potential violation �ohich i_s now the subject of liti�ation. For example: I. Par?cing on �he public steeet in excess of 24 hours, 2, Parkin� on the boul.evard 3. iar.kin� too close to �both the front l.ot line and �he side lot lines, � In additi_�n to the activity on the ��TRO 500 {>roperty wh;ch we have under liti�a�ion, truelc, are also now being parked on adjacent lots which. are not includea in thi_s Iiti�ation, T know ot no basis for � the (?rn�erty owner to the North of the NBTRO S00 site to claim this as a legal use o� the land, � f� Will you please have the following repor�s prepared by the ap�ropriate City Departmentso 1, i,�hat tickets have been issued by the I'olice Department for. il.legal (24 hour) parking on th� street at that locati.on�? 2, Beyond the poi_nt presently in liti_gat�on (concerni.n� "use") what ot(ier violai�ions oi the zonin� ordinance are apparent and k�hat enforcement action has been taken? .(For exam�le, i� looks �o me ihat trucks are being parke.d � across a side-yard line, in which case 3 parti.es may be in violatz�n; the owner of the bi.ET?0 property, the owner of the adjacent property, and the truck o*.�Tner potenti_ally,) � � LJ � �J 3. Please secure an opinion on whether or not the owner t1f the adjacent property also has rights to use his property for truck �arlcing by virtue of present lii.i,�,ation; � 4, A short summary of the present status of the litigation. 5, A recorunendation ior the next Council meeting concerning the feasibi_lity of postina the servi_ce road a�ainst parki.n�, based on the continuin� violations occurin� at thi_s pointo 6. ProvidF: me with I18mE and phone number of property owners involved. Or suggest tha� they contact meo T want to make sure they understand the ramifications of the course of action now evi.dent. Sincerely, Wm. J. Nee � �I � �� . � � �� Q� ' � 1 ��'� ry� �'IN CL'�1�� P 0 I� I �0 AZetro Square Building, 7th Street a.nd Rouert Street, Saint P�ul, Minnesota 55101 Area 612, 227-9421 November 30, 1973 � . Frank Liebl, Mayor � City of Fridley 6431 University Avenue N.E. Fridley, Minnesota 55432 � �� .� � � I � Dear Fr�.nk : � This is an answer to your letter dated November 20 expressing your concerns over the Council's application af Policy 31 on the LAWCON application for the Islands of Peace Project. As you are by now, I am sure, aware, the Metro Council on Thursday, voted to set aside Policy 31 in this instance and to approve the top priority, Fridley's grant application. Thank you for your letter expressing your concern and I hope the solution is acceptable. JB/kmr Sincerely, � � r„� �,� .�, �,,�. '�'11PF'l_ �CJ`O�L4%Cleh. �. � ( J� n Soland Chairman �n Ageney Created to Coordinnto the P1lnnitig �.nd Developniont of tho Twin Cities Metro��olit�tiii Area Comprisin�: noka County Q Carver County O D�kot� Gounty o Iicnnopin County O Rnmaey County O Scott County O Wa�hington County � � � � � I��ovember 27t 1973 �,,.� �,,,� � �� ,• � , ,'�i� �y Yt�C�'��` v. . ��': � :,: �� : STATE OF MiNNESOTA DEPARTMENT OF MIGHWAYS DISTRICT NO. 5 � 2055 NO. LILAC DRIVE MINNEAPOLIS, MINN. � Trtr. Nas=�m �ureshi City En�;ir.eer City �f �ridley � 6431 Universi ty hvenue i�`r� i�ridley, l,iir�nesota 55432 � i � I ' � C � i � � r � In Reply :�efer To: 315 C.s. 0207 `l'.H. G5 at 73rd tiveriue Dear I�:r. 2uresiii : TIl(.' puruose oi �h.is letter is to adviUe you that v,�e are iri the pT'UCBSS 0=C DSejJc'i.z':ri�; COriS�T'UC'i,lOYl j?�.�..Y'iS �1C� SpE;C:Lf1C��;lOr1S fOT' tratfic si�nals at this loc:� �i.on. 33efor� proceeciin�; �,��ith ��rk on ttiii� praject9 various rrainten�:�wr�ce responsibilities and cost spli�ts v,�ill have to be incorporateci iri a coorerative a�reement. Tiie �arties il�valved ��itn this a�;reement are the Ci�;� of i'ridley arid 1;he State of i.iirmesota. . � Policies dictat;e t�iat trie const.ruct:i.�n casts �or the signal system be pro-rated based cn the nur;ioer af legs en.teri�.�r the intex•seci;iori arid Ltrider v✓nose jurisc�iction 1;'tley lie�. `1'ne City o� Fridley' vrould assurne �0 I,ercent o� the co:�t oi th.e s�_r;nal sys�em plus six percent of t}iat share iox� erigineering ar.d inspectior� cost�. rhe rezaaining cvst �rould be born i�y the :�tate. i3ased on prelir.2in.ary estirrates� the tota]. cost of. �;he si�rial system t�vould be :;�55i000. '1'he signal systern �r�ill be a�'ive pnase �ully-ac�uated traf�ic sig- nal. ]:,eft turn phasin� v�ill be provi.ded ofl of T.I�. 65f provisions �vil'1 be i_iade for pedestri_an move:neni;s� arid the placelaent of tu�der- �rourid hardr•��.re c✓ill be such th�,t �he future �videnin�; of 73rd 1ve. can be .accoi:,plished 4vi �h a riiriirnum o� disruption to the tra.ific signal. �111 main�;enance ��rith the exception of rel�.:2ping, paintin�� aild elean- int rvill be assurned by the Sta�;e. The exception would be the res- porisibili. Ly of Pridley. Po4ver cost to run the syster� �vould also be the responsibility of ?�`ridley. . 1 �'�`�'O � I,,r. idasirn �ureshi P�overnber 27 � 1973 Pa�;e 2 Bids are presently sc��eduled to be opened ior tYiis project during I,arch 197�. Cor�se�ueritly, �lease foiYrard your deci�ion on our proposal so �ve can proceed wittii prepar�.tion of ��ormal coo�erative a�;reement� cor.�plete our construction plaris� a.nd Mee�t the lettin�; date. �incer.ely, � �J _C'�'i�/I�tiv� �}/�'L / l Derinis �';�-1er Ac L'ing :�ssistr�.nt i�istrict '�rafiic '��:�;ineer S:i�nals w I,ignt�n�; ?Jits :ILt �A � � � 1YARRE` SPA\tiAUS ATTORS£Y GE\EftAL � ' ' � � � � ' � L� i � � � � yCA�—t�r /�I ` ��^ � : � t�� :1?�}:�•si\�. %`.o'S - s. : „ �'�, �' . � �� -- �'� '�Nitso STATE OF 11iIN�IESOTA OFFICE OI' THC ATTORI�EY GEf�ERAL ST. YAUL 55155 November 14, 1973 Fridley T-0ater L�Jorks Lester Chesney, Supt. 6431 University Avenue N.E. Fridley; t�iN 55432 Dear I�Ir , Chesney : I would like to bring you up to date on the status of the antitrust action brought by this of�ice against manu- facturers of cast iron� pipe. You will recall that this action alleges price fixing, market allocation and bid rigging in sales o� cast iron pipe to P�iinnesota municipalities. Our case against United States Pipe & Foundry Company, E�erican Cast Iron Pipe Company, i�TcWane Cast Tron Pipe Company, Lone Star Steel Corporation, Clow Corporation and Amsted Industries, Inc., �•�as tri�d last summer �o a jury in Birmingham, Alabama, consolidated with cases brought by other 1�ttorneys General throughout the country. Because the jury was unable �to agree on a verdict, the case is schedul.ed to be tried again in Apri1, 1974. Prior to the trial iri Birmingham, turo companies, Glamorgan Pipe & Foundry Company and the T�lead Corporation, aqreed -Lo a se-ttlenent. The portion of that settlement to which rdinnesota communities are entitled is $4�1,349.6.7. Because Mead and Glamorgan represent a small share of the tatal cast iron pipe salES of the de�endants and because of the large number of claimants participating in the settlement fund, the individual recove?�ies from the NZead and Glamorgan settlement fund are quite si�all, your share being $333.86, represented by the enclosed checY.. Zf �ae are successful against the remaining defenc3ants, we anticipate a substantially larger recovery. You have cooperated eYtensively �aith our office in ans�aering Interrogatories and supplying information which has been extremcly helpful in tlze i�rial of this cas�. Despite the small payment you have received so far, your efforts have , �,__��? 24 Cast Iron Pipe Page 2 November 14, 1973 been e�trernely beneficial to our state. Our vigilance in enforcing our antitrust laws, I believe, acts as a deterrent to suppliers ot municipalities tiTho might be tempted to engage in anticompetitive activities to the detriment of the tax- payers of our state. � " Sincerely, �VARREN SPAi1N US Attorney Gene a WS/mc 24 A 0 24 B ' � . � C�+►�T l�O� �'1�'� �I`�ITIT�U�`�' �d�� 710 DISTRtF3UTION ACCOUNT li�os�73 068� PAY . ?O THE ORDER OF FRIDIEY WATER WORKS LESZER CHESNEY SUPT 6431 UNIVERSITY AV�NUE N E , FRID�EY MINNESOTA 55432 I To: The First National Sank of Chicago �i'000684�i�- �:07 L0��000 bio 18 0 2 267ii' ��r��333. 86 CHICAGO. ILL. The First National 6ank of Chicago D 1 5 8 U R 5 1 N G A G E N t � �j;` :::� � w......� ___._. t ,`�;- �r.�:�..--�iew .:�-•__ .s�.ro :.�.:' '4Si..t � � ��.,. � VICE PRESIDEMT _ � � � �� 560-3� l�i� � �Nid�Ce � � 6431 UNIVERSITY AVENUE NE ANOKA COUNTY FRIDLEY, MINNESOTA 55421 , Feliow Citizens of Fridley: � It is my privilege, in the name of the Cable�Television Commission of the , � � � � ' 1 � � � � 1 I C�ty of Fr�dley, to give you the annual report on the progress of our Cable TV system.. While little can be reported as yet on the performance of General Television Inc,, our franchisee, since the system is not yet in oneration, it must be said that the company is progressing with all due haste to build the system. One� hundred percent of the stranding cable (support cable) is strung, while thirty percent of the transmission cable is completed. Six to eight crews are working to beat the weather and finish stringing the transmission cable as soon as possible. After being delayed by a shortage of structural steel for the roof and floor supports, the cable television studio is being rapidly enclosed, to be completed during the winter months. The major work of building the electronic system to transmit cable programs is just beginni.ng and will be completed later in the Spring. One unpredictable factor in beginning the operation of the system is the granting of a certificate of compliance from the Federal Communications Commis- sion in Washington, D. C., al�hough no difficu1ty is anticipated now that the Ordinance has been amended. The application for the certificate was made by the company in December of 1972. A preliminary review was made of our Qrdinance by the FCC in May of this year, and i�t was pointed out to the company and later reaffirmed to the City of Fridley that our Ordinance violated the FCC requlations in the matter of the percentage of revenues ihat must return to the City from the operation of the system. Our Ordinance demands 5% of gross onerating reve- nues (that is, all prafits coming from the operation), while the�FCC regulations permit only 3 to 5% of gross subscriber revenues (that is, only those revenues which come from individual subscribers . l�hile the revenues involved in the early years of the operation will be almost entirely from subscriber revenues, the future development of the industry may generate substantial revenues from other cable services, such as advertising revenues, pay TV, closed circuit communications, etc. For that reason, some dersons suggested that the FCC rulings be challenged. The Commission, after consulting witli the Urban Institute in Washington, D. C., and considering whai would be of benefit to the City of Fridley at this time, recommended to the City Council that our Ordinance be amended to conform with the FCC regulations, although requesting the high�st �l, i ' � , � � � ' ' �-2_ percentage possible, namely 5% of gross subscriber revenues. This does nnt:pre- clude future action in this matter, if the opportunity arises, to qenerate more funds.to develo� the-public use of Cable TV. � Other activities of the Commission concerned the drawing up of its own bylaws which require the Commission to report semi-annually to the residents of the City, to provide a public forum for the citizens of Fridley to participate in the development of Cable TV in their community, to enter into a"memorandum of understanding" urith General Television, Inc. in order to maintain a dialoque and to form a common sense of direction and a basic philosophy of operation, to promote in every way an effective use of the public access channels provided by the Ordinance for government, education, and other sound institutions in our community, as well as citizen groups, and even by private.individuals. The Commission concerned itself with develonments at the State Canital Concerning State regulations of Cable TV, and it will continue to follow those developments. Currently, the Commission is preparing a posit.ion paper an the problems and opportunities of interconnection of Cable TU systems in the Metropolitan Area, so that subscribers can enjoy a balance of local programming with metro-wide programming, and can benefit from interconnection with the University of '�linnesota and other community resources. The Commission has also alerted all public agencies and many citizens groups � of their potential use of the Cable TV system to promote their ourn activities. The Commission is urginq the company to appoint a proaram director soon, so that seminars in the use of TV cameras, in program development, and in all of the � facets of cable TU program production can be started even before the s,ystem is in full operation. The Commission invites comments, ino,uiries, comnlaints, and suggestions from , the citizens of Fridley during this initial�year of or�eration so that our Cable TV system will be as useful to the citizens of Fridley as it can be at this time, and so that u�e can lay a groundwork for the development of this medium as a sound ' business investment and public service in the years to come. You may write to the Cable Television Commission in care of the City of Fridley, or call any member of the Commission personally. We deem it a privelege to serve you. � � � � � , Commission Members: h1rs. Barbara Hughes 560-2618 Mr. John Naines 784-0887 Mr. Tom Myhra 560-2433 Mr. Dean Caldwell 788-6973 Sinc ,j�e�y yours, + � � ? � ,` / % j / ��/ �'la� v �,,,��'.�ZL/< .- L `�2,�-J^%G t • .. (Rev.) Edward A. Chmielewski, Chairman ; Fridley 'Cable Television Commission i �� I� MEMORANDUM ' COUNTY PARK AND RECREATION OFFICE . COURT HOUSE ANOKA, MINN, 55303 I , 0 � To: City Manage r Date: Dec . 6, 19 7 3 � � City of Fridley . � From: David L. Torkildson � Subject: Burning Permit � The County of Anoka Park Department requests the City of Fridley � to waive the $50.00 charge for issuance of a burning permit. � Permit used to burn dead wood in Manomin County Park. ' Your consideration of this request at the next regular council meeting would be appreciated. � . ` L!�?' ��'.�� __ . .� � pavid L. Torkildson Di.rector of Parks & Recreation Anoka County, Minnesota � DLT:mm � , _ _ _.._. , .. . . � . 1 . ' 1 . _ . . . I � � � ,, 1 � ; , i � 1 I � 1 � ' � ' . . � , � � ' • ' � � � � C�� °�<< ��y r � 1,T TI�[ TOP CF TME TVaItiS 1 1 ( ` }•y-•�••'�� COMUUNITY OsV�Z�.0�53N� �lV. � ' 1 � Pi±OTFCYt�'ff l�u="tiCT�ptl C.i�. ' � .----� ; arv kn��. rx�a�eY aa�a �,.... f�.I �� G12' fvGA- s4Ei0 Ti'P� OF CO,�S'i`.t.T1CTTQ?1 NUI�lY>ER 0:�' PE��•.II'S ISS'JET 1. Residential 2. Townhouses 3. t•lultipl_e ll:•7e�J i.ngs 4. P.esi.denti<�1 Gaxa;cs 5. Reszdenti_al Alt./Add�. 6. Cor.,;��rcia]. 7. Indust�ial 2�� Cor:�n. Ind. A�.t./Addn. 9, Signs ' 1f.?. �•lreckii�� , Moving 11. O�hers Iie��i.ng P luL�b ing Electr�cal � __..r _ _� _.___.•.._..._....._.._ .._..`__---- Yl1mJEGT � PROTECTIVE INSPECTION SECTION MOPdTl�LY �EPO�T A. Number of Pexmits Issued B. Estimated Valuation of Permits P:�::;:R �Ev— OATf. �A3E OF - AF•?ROYfD 910=i'.1--- 0— 12.� 8-.72 1 2 800 1973 1972 THIS YEAR LAST Y��Tt Nov. Nov. TU DATE TO DATE 5 �r 11 95 � 112 0 � G 4 r 0 0 � 9 0 2 1 0 171 10 38 7 3 �� 132 11 46 50 9 '4ma� "•sYbnS�C7'�F+1�',G? : � 2G � ( 51 418 5G8 " TOT,�L �t� .,._.,,�,��.. ��„�T� 43 � 34 429 328 43 49 620 I 451• �� TOTAL �.1 � � � . 1,�3? (�,7 "� �,. .�...a � ,��,�^ J�SxI:�SAT�'sT) VALYJ�TIOP15 0� l??"?'�STTS IS�U,�D 1. Resictential � 159,.8$9� $ 280,533 $ 2,402,257 $ 2,672,445 2. To�canhouses ,� ��7Z, Q�.4_ — —�.,..�[ � 3. ilult�i.ple ��aellin�;s 0 0 0 3, 322, 651 4. Residential Ga�ages __��sZ1 _,_$ � � ; 5. P.esi.dential Alt,/Addn 24,315 29,34F3 432;106 281,279 — �__— � TOTAI. 12ESIDENTI�L .r:�� •_��i�,::�.�..��-�.,��.87,��..�?1,_—.�;�?� 0 3�6 �11„��9. 1'.�,� � � 6. Commercial $ 60,154 $. 41,765 $ 1,251,097 $ 536,253 7. Industxial 6 57� 7 59 0 _ 1_,,�2�I 2 � " 8. Corzm. Ind. A1L•'./Addn. 29,027 .- 62,858 1,172,325 1,411,722 �,�..m,.m.�.....�.-_,..��R ,� �,�...m.�.�,� Tox�. co.�it�. , zNn . !.<}_.�k�a � � � '�._�: �.�.,�.!�,`� �,��'::��,�C��,�:�� 9, Si�ns $ 200 �$' 2,300 17,130 $ 47,349 10, tdxecking, Movin� . 0 2a��0_ y� 1_� 1•1, pthers 0 0 14, 651 18�i, G89 . �� TOTAL MZ SC . � R.. ,.... �.1�.�,�..��w� 4��. .��a LZ �r��....t`i�,..,�'.�A�>::�:,:; , f„, .r.�.�. . ...,....u.......�.�.s..� ) .�_ _.:�:c.a.-�-, GF•AND xQTAI, VALUATIONS ��`��, `i(i'? �ti �897, 1S!F ti(i 953, 16Ci �ti L6 3!i�)~?'il ii v s n,.l....... JFl n�.l....,,-. ;t.') !'�.�1....�,� �[Q !'nl....,.� s(�/� �C��t ��fl�� A1 j'1� 1'CrD OP Tk� TWIN6 ( �� ` }v-.-.---� GO��UNf�'V DSVB�O��kT O�V. � ' � � PSIOTECTC�E Ct�EC(IpN r•:;a'r. �` j,....` ; Ct7Y NC.IL Q��o�Fr 68f�a 1.,....J`.�� .J Ctg' E�EO" D 4�0 i . �_.�.�... .�.� .-. . �.... �.�.��,. ._... _ ........._._- ._...�. .... ...�.� $�JE41 PROTECTI�E INSPECTION SECTION MONTHLY REPORT � C. License Fees Collected A. Permit Fees Collected i�:.rs.R ttEv� 0l+TE PAOE OF A�: I.ICEr�S� r�wS 't'I'Pi NUMBEF2 �lackto in 12 $ 300.00 PP� � �xcavating �-4 350.00 Gas �Services 30 750.00 Genexal Co��tractor 111 2,775.00 -_—%�'1'� — U--"--i— FEES COL?arCTI:D Heating House Moving & jdrecicin�; Masonry Oil Heating Plastering � Roof in� Sign Erectors Y4isc. . TYPF Building E1ec,Lxical �I��tin� � P lum�� ing Si�na t 48 1,200.00 2 50.00 ' 29' 725.00 6 150.00 4 ].00.00 1 25.00 13 325.00 0 0 TOTAL 2 7 0�� $_6 , 7 5 0. OyfO � � � co�u�� j�i colut�� r2 1973 r�.i�r�i�r r:o . � s � Nov . ��12350-12405 $ 5, 768.3?_ ��9II66-9908 586.50 ;�587�+-5917 1,479.50 ��u039-6118 1,124.50 ��1G5 25.00 0 1972 THIS YEAR LAST 1'EA.P. r ov . $ 2,548.36 $ 27,847.35 $ 5�a,557.91 559.75 16,034.05 ' 10,041.70 � 904:00 13,373.50 12,405.25 2,345.00 9,530.25 12,293.25 35.00 743.25 1,007.75 TOTAX, �i.�s��m�.., �i <�11 .l S r,�, ,��, c.n „L° ��n,-:<<�, ,.�. Col.umn ��1 Colunui �'t2 l;olunu� i�3 Column ��4 Column �f5 • � • � � �� i�'�'��1��'� �� qT TH3 TOF Of TW� Tt':ika ; � � ��-------� coNUUHirr p�v^�.o>.�snT D�v. � i PWOTECfIYL G:��•�GTIC� U.iPT. � � �1, 1 �...� � G�rr HA�L F::f04t�Y CHW2 L.. .�.,' �.J G�2•9GO�se;,0 . I NSPECT z O��dS BUZLDTT'G Raubri-xns ; � �oo�ings; Framin;s �_nd Reinwpaetion� G7ork" Pdo� �teady or Re jec�ecl Sfi.o1� 4;ax°k 1'os�ed Viala��.ons Chacl:ed Complain�s CheGked ])an�exous Bu�.ldin�s Sf�;l�s Miscell«neous Finals ; r.esidential F�.n�l.s ; Gom. & T.ndus��ial ��L z�,N1)G;��Q11S Parnit:� J;�s��aed � '�T,i�?�S3Tt�G & �i�',�i.PI?�1G RouUiiV:�ns ; � � P.ci�a�,p�cS:ians wo�:k �orc rti��cly �a: r��d D�i7�erous �ai.ldir�;s Mi.nCel7.an�:pu� Finals : �;es9.d�nt�3,a1 F�naI.N : Ca�� ; TnduaCri.�Z ToCa�. �nsgecCia?ns P�zcm�.�s Inau�d . �z.�c�zc.nz. ROtl�;il°�.11J; , Rc�inapac�ion�'; Worlc No� Raady or Rejscted Sf�na D�n�erou:� Pui.l.di.ngs Sexvice Inz�p�ctiona � Final.s t lles�.dent�i.r�� a &lJ� JEGT 1973 ��---^'.,..._. .._......—' .'.... � � ._ .-_ . _...�� .. .....�'�.. � _...�._._ ....._ �� C ION S�CTION � PROT�CTIV� INSP CT , h10NTNLY REPORT I �. �10NTHLY TNSP�CTZatiS � _ � i;3V. pAiG pbOE Gr AC�RnVEC ::Y � i :,�;� 0 1�7. ?_ 800 _ 1972 THZS Y�,A� LAST Yr�AR 'i. '�S� _�i� � P.� � 4��.1 20 10 368 324 4 .�,_...�5 C 26 62 377 489 �� 5 . 1�[k • 4 4 34 . 37 1 Z 32 24 � 17 7 191 62 0 2 d6 11 � 0 0 . .45 �i & � 1 18 ' 62 132 i 3 4 11 22 I 144 36 s II 0 2 �� 5 i�� 73 215 51 37 4 :4 0 12 7� 1�- t ---Y 1'{ � 50 2201 4Z8 434 78 85 � 38 412; �: i9o� 4 56B 458 12�9 83 2 24 486 1243 � 622 . . 17 33 351 339 L • 2 , 0 54 32 0 ' 0 12 6 0 0 1 1 15 - - 17 24 � 439 200 �'inAYa t Cotn� & InduAGx�al 1.0 34 3G �Toxul znspnctions 73 ' 7.16 1282 0► � PaxZniCa X��uad 43 49 G20 t' 45? , , GQ1ymA �1 Coluran �i�2 Column �'�3 Col.0 . ,',E4 ��-.. ,..._—�..-.-..-,-.,.. ..-... ..... _....._.._...._ -.-,-,.-.-,.--- ---,-.----- . ._._..,. � - �u •itt . ..,,p�an.,, . ,