10/15/1973 - 00016180l��
THE MINUTES OF THE PUBLIC HEARING MEETING OF THE FRIDLEY CITY COUNCIL OF OCTOBER 15, 1973
The Public Hearing Meeting of the Fridley City Council was called to order at
7:30 p.m., October 15, 1973 by Mayor Liebl.
PLEDGE OF ALLEGIANCE.
Mayor Liebl led the Council and the audience in saying the Pledge of Allegiance �
to the Flag.
ROLL CALL.
MEMBERS PRESENT: Councilman Starwalt, Mayor Liebl, Councilman Utter,
Councilman Nee, and Councilman Breider.
MEMBERS ABSENT: None.
ADOPTION OF AGENDA.
Mayor Liebl said he would like to add the letter he had received from the Wall
Corporation requesting time for discussion.
Councilman Nee said he would 17ke to add the consideration of posting North Park
with "No Hunting" signs.
Councilman Nee said he would also like to add the request for the administration
to provide a complete history of the Harris Lake Estates to the Council.
Mayor Liebl directed the Acting City Manager/City Engineer to prepare a summary
on the Harris Lake Estates including the minutes of the meetiny and what has
happened to this point.
MOTION by Councilman Nee to adopt the agenda as amended, Seconded by Councilman '
Brcider, Upon a voice vote, all voting aye, Mayor Liebl declared the motion
carried unanimously
APPROVAL OF MINUTES:
REGULAR COUNCIL MEETING OF SEPTEMBER 10, 1973:
Mayor Liebl pointed out in the Communications section of the minutes, the
item concerning the National League of Cities appotntment to a Committee and
stated the �tem was received and it was his impression the Council had approved
the appointment. He said it was the consensus of the Council to concur.
Councilman Starwalt said the motion should read "receive and concur" with
the appointment of Mayor Liebl to the Committee. Councilman Utter agreed saying
this appointment should be approved and the Council should concur. Councilman
Utter said the Council had approved the funding of the attendance of the Mayor
and Councilman Breider at the Convention.
Mayor Liebl said he would anly attend the Convention if this pleased the Counc�l.
MOTION to amend the minutes of September 10, 1973, to state the Council received
the letter from the National League of Cities and concurred with the appointment
of Mayor Liebl to the Mu m cipal Government and Administration Committee made
by Councilman Nee. Seconded by Councilman Utter. Upon a voice vote, all voting '
aye, Mayor Liebl declared the motion carried unanimously.
MOTION by Councilman Starwalt to adopt the Minutes of the September 10, 1973
Regular Council Meeting as amended on page 22. Seconded by Councilman utter.
Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried
unan�mously.
PUBLIC HEARTNG MEETING OF SEPTEMBER 17, 1973:
MOTION by Councilman Utter to amend the minutes of the Public Hearing meeting
to state the Council rece�ved the letter from the National League of Cities
and concurred in the appointment of Councilman Breider to the Public Safety
Committee. 5econded by Councilman Nee. Upon a vnice vote, all voting aye,
Mayor Liebl declared the motion carried unanimusly.
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PUBLIC HERRING MEETING OF OCTOBER 15, 1973 PAGE 2
MOTION by Councilman Nee to adopt the minutes of the September 17, 1973 Pubiic
Hearing meeting of the City Council with the amendment on page 13. Seconded
by Councilman Utter. Upon a voice vote, all vot�ng aye, Mayor Liebl declared
the motion carried unanimously.
REGULAR COUNCIL MEETING OF SEPTEMBER 24. 1973:
� MOTION by Councilman Starwalt to adopt the minutes of the Regular Council Meeting
of the Fr�dley City Council of September 24, 1973 as submitted. Upon a voice vote,
all voting aye, Mayor Liebl declared the motion carried unanimously.
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PUBLIC HEARINGS:
PUBLIC HEARING ON REZONING REQUEST ZOA #73-10 BY �ONALD BABINSKI, TO REZONE THE
FOLL WING: L T5 1-6, LOT 9, A D R 68 LOT 20, B OCK l, CENTRAL AvENUE
fll]TTTf1N FR(1M f.-9 ANII M-1 _ ANfI I(1 S f1_ d RI CK 1 CF'NTRAI AIlFNIIF Af1f1TTTf1N FRf1P
AND
CONSI�ERATION OF FIRST READING OF AN DRDINANCE FROM REZONING REQUEST ZOA #73-10
nv o v i ..n mvi Tai rnnnnn �nni.
AND
CONSIDERATION OF FRONT YARD SETBACK VARIANCE, FROM 100' TO 70' FOR BRYANT-FRANKLIN
CORPORATI N: TABLED OCTOBER 1, 1973 :
AND
CONSIDERATION OF PLANS TO CONSTRUCT AN OFFICE AND WAREHOUSE BUILDING BY BRYANT-
MOTION by Councilman Utter to waive the reading of the Public Hearing Notice.
Seconded by Councilman Starwalt. Upon a voice vote, all voting aye, Mayor Liebl
declared the Public Hearing opened at 7:42 p.m.
Mr. Dick Brama, Bryant-Franklin addressed the Council indicating he would like
to speak in favor of the requests.
The City Engineer said the Planning Commission had recommended approval of the
requests and there had been no ohjections by the Company to the requirements
suggested by the Planning Commission.
Mayor Liebl 1isted the subcommities that had reviewed the matter and stated the
Building Standards-�esign Control Subcommittee, Board of Appeals and Planntng
Co�m ssion had recommended approval of the requests.
Mayor Liebl inquired if there was anyone present who ob,7ected to the approval
of the requests and there was no response.
MOTION by Councilman Starwalt to close the Public Hearing. Seconded by Councilman
Nee. Upon a voice vote, all voting aye, Mayor Liebl declared the Public Hearing
closed at 7:44.
� MOTION by Councilman Starwalt to adopt the first reading of the Ordinance on the
rezoning request ZOA #73-10 by Bryant-Frenk7in Corporation. Seconded by Councilman
Nee. Upon a roll call vote, Liebl, Utter, Nee, Breider, and Starwalt boting aye,
Mayor Liebl declared the motion carried unanimously and the First Reading adopted.
Mayor Liebl emphasized the Board of Appeals had recommended approval of the variance
in the setback.
Councilman Breider asked if there was a copy of the bu�lding olan and the City
Engineer answered yes, and placed the plan on tr�e easel.
The City Engineer pointed out that the City had been working with the applicant
to improve the landscaping plans and there had 6een some additions and modifications
to the building that would improve its appearance. He pointed out the various
areas where changes and improvements had been made and indicated it would be a good
looking building.
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PUBLIC HEARING MEETING OF OCTOBER 15, 1973 PAGE 3
The City Engineer explained that the applicant was not dware there would have to
6e a change �n the zoning of the area and said this was evident in ihe various
minutes.
Mayor Liebl reinterated to the Council that the applicant would like some indication
on ihe approvaT of the matter enabling him to get his footings in before the frost.
He added, if the Council would approve the requests, th�s would allow the applicant
to obtain a foundation permit.
The City Engineer outlined, if this is done, there would be further requirements.
He suggested the Council stipulate if the permit is approved before the final
adoption of the ordinance, the applicant should assume the responsibility for any
l�ability, not the City. He indicated the applicant has agreed to comply with
the revised plans.
Mayor Liebl sa�d at the September 27, 1973 meeting of the Planning Commissian,
they had recommended approval of the request with four stipulations. He read
the stipulations aloud to the Council and audience. Mr. Brama Stated all of the
stipulations are agreeable with the Company. The City Engineer stressed the
importance of stipulating if the permit is issued before the rezoning is final,
that all responsibility would rest on the developer. He outlined, he would also
want the applicant to be aware of the potQntial of a future roadway with improve-
ments and the assessments for the same.
MOTION by Councilman Starwalt to approve the request for the 6uilding permit
with the four stipulations recommended by the Building Standards Design
Control Subcommittee as follows:
1. That a landscape plan be worked out with the Planning Department.
2. That a drainage plan be worked out with the Engineering Department.
3. A colored elevation be drawn up and brought in for staff approval
before going to Council. (Note: this was done and reviewed by Council)
4. Railing be prov�ded on retaining wall if over three feet and screerled.
and that stipulation number five read as follows:
5. If the building permit is issued and construction started before
the second reading of the ordinance or final rezoning, the developer
would assume the responsibility for liability or problems which may
arise from any action.
and that stipulation number six be added and read as follows:
6, It is understood there will be future assessments on the property and they will
fall on Bryant-Franklin Corporat�on.
Seconded by Councilman Utter. Upon a voice vote, all voting aye, Mayor Liebl declared
the motion carried unanimously.
MOTION by Councilman Starwalt to concur with the recommendations of the Board of
Appeals and approve the request for the variance from 100 to 70 feet for the side
yard setback. Seconded by Councilman Utter. Upon a voice vote, all voting aye,
Mayor Liebl declared the motion carried unanimously.
MOTION by Councilman Utter to receive the communication from Mr. Brama dated
Septem6er 17, 1973, and submitted to the Council on page 1-K of the agenda.
Seconded 6y Councilman Starwalt. Upon a voice vote, all voting aye, Mayor Liebl
declared the motion carried unanimously.
PUBLIC HEARING ON A REZONING RE
T!1 DC7f1AIF FRl1M p_l Tfl fR_7 (1R
AND
3-08. BY NORTH SUBURBAN HOSPITAL D
RECEIVING A LETTER FROM THE CHAMBER OF COMMERCE IN FAVOR OF PROJECT:
MOTION by Councilman Breider to waive the reading of the Public Hearing Notice
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PUBLIC HEARING MEETING OF OC70BER 15, 1973
PAGE 4
and open the Public Hearing. Seconded by Councilman Starwalt. Upon a voice vote,
all voting aye, Mayor Liebl declared the motion carried unanimously and the Chairman
declared the Public Hearing opened at 7:59 p.m.
The City Engineer referred to the various minutes concerning the item and said
it had been reviewed by the Planning Commission on September 26, 1973 and their
� recommendation was to not rezone, hut to issue a special use permit. He outlined
the intent of the motion of the Planning Commission was to allow the construction
of the building and use the northerly three of the eleven acres of property
owned by the North 5uburban Hospital District with 14 stipulat�ons_ He advlsed the
Council that the staff and the_Commission feel this would provide the facility
and also give good protectinn to the people of the neigh6orhood.
The Council ihen discussed the stipulations.
Mayor Lieb7 inquired if any traffic would be put on Lyric Lane. The City Engineer
replied explaining 76th is a public road, but would not be opened at the present
time. The City Engineer defined the plan stating there would be no additional
traffic on Lyric Lane, and no traffic would be directed to 5th Street. He reminded
the Counci7 that in the case of a special use permit the stipulations would be
placed on the permit and this permit would not be effective until the stipulations
have been complied with.
Mayor Lieb7 pointed out there would be an emergency entrance, and the City Engineer
further explained that there had been one additional entrance on the plan, but this
had been deleted. He pointed out the planned route of traff�c access stating the
traffic would be directed aNOUnd the facility to Osborne Road. Mayor Liebl asked
the City Engineer to advise the Council if this would be feasi6le and practical
and the City Engineer said ii would be.
The City Engineer commented on the seventh stipulation dealing with the buffer
� zone ofi 50 feet along 75th, Lyric and 5th Street which shall consist of a berm
and plantings to screen the parking lots from the residential areas.
The eight stipulation requires the appl9cant to supply a legal descr�ption of the
property within the eleven acre tract and describing the three acre parcel
Stipulation number nine according to the City Engineer would require the applicant
to forf eit ar,cess to 75th and 5th Street. He referred to the tenth sttpulation
indicating this would require the applicant to notify the City if there is to be
any removal of the trees �n the area and the City would work with the applicant
to save as many trees as possible in the area,
The Gtty Engineer contirued with stipulation number eleven that any future parking
areas be provided with a berm or screening from the adjoining R-1 areas presently
occupied by single family homes. He explained the people would be looking at the
building, not cars.
The City Engineer said stipulation number 12 would require the applicant to install
the�parking lots 125 feet from the 5th Street right-of-way. 7he City Engineer said
the next s�ipulation would require the doctors' group to ma�ntain the unused portion
of the three acre tract.
The last sttpulation as recommended by the Plann�ng Commission would limit the
use of the medical building to those occupations and uses as stated in a letter
�from the Unity Medical Center of 5eptember 6, 7973 which states that this building
shall be limited to hea1th professionals and lists many of the uses, but not
limiting the medical uses to those mentioned. Mayor Liebl said this limitation
would restrict the uses to medical only, and he mentioned the intent of the
siipUlations to protect the City, He questioned the City Engineer if these would
provtde protection to the City, and the City Engineer said yes.
Mr. John Haynes, Administrator, U m ty Hospital, said it is necessary to install
such a facility for the efficiency of the doctors at the Hospital. He said the
State laws have made it necessary for the Hospital District to do anything necessary
to take r�re of the health of the area, He indicated this would include the bu�lding
of offices. Mr. Haynes referred to the original plans of the Hospital District
building the building, but thought it would work out 6etter if the doctors would
do the actual construction. He pointed out how this would be better for the doctors,
the hospital and also, this facility would be taxab7e under these conditions.
He listed other assets stresstng the area is in need of this type of facility,
and many doctors would move into the community that this type of facility would serve.
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PUBLIC HEARING MEETING OF OCTOBER 15, 1973 PAGE 5
He illustrated one of the favorable factors to be, the savings in travel time for
the doctors and also the people of th� community. He pointed out,thai 17 doctors
had made their homes in Fridley since the construction of the Hospital, and this
number would increase with the installation of the medical office facility for
specialists.
MOTION by Councilman Breider to receive the letter from Mr. Edward Dunn, Chamber
of Commerce, in support of the medical facility dated October 12, 1973, and �
also the letter from the Un�ty Medical Center poctors dated Septemb�r 6, 1973.
Seconded by Councilman Starwalt, Upon a voice vote, all voting aye, Mayor Liebl
declared the motion carried unanimously.
Councilman Nee asked if the facilility would be limited if there would be only be
three stories, Mr, Haynes said if there is a need, a second tower would 6e
considered, but the Medical Center poctors would had planned the construction
to be shorter than the Hospital. The City Engineer summarized, this wouid only
be the first stage and there is a potential to double the building, Councilman
Nee said he did not think the limitation was needed, and thought the Center could
be as high as the Hospital. Counci7man Nee believed this would be a good addition
to the area and he was anx�ous tb see it constructed.
Dr. J. L Harty, Pathologist at Unity Hospital, addressed the Council and Said he
was one of the doctors involved in the construction of the Center. He made reference
to the stipulation on the height of the proposed construction stating, the restriction
had come about since the firsi request was for rezoning to commercial and this was
a requirement within the commercial zoning ordinances. He thought the doctors
could l�ve with this stipulation, and had planned to make any additions horizontal
rather than vertical, but he did not know what would happen in 20 years. Ne
expressed the opinion of the doctors inquiring if this stipulation could be
deleted, in the case future upward expansion is necessary. He outlined the present
plan to be to only finish two floors leaving the third an empty shell for several
years. �
A resident of the area asked if more parking is needed in the future, would the
applicants have to come back to the Council for approval of this installation?
Mayor Liebl said the setback will be esta67ished at 725 feet and a berm would
be installed to screen the parking areas, and the applicant had agreed with
this stipulation.
MOTION by Councilman Breider to close the Public Hearing on rezoning and a special
use permit. 5econded by Councilman Starwalt. lJpon a voice vote, all voting aye,
Mayor Liebl declared the motion carried unanimously and the Public Hearing clo�ed
at 8:52 p.m.
Mayor Liebl asked the City Attorney for his counsel on whether or not it would
be in order to grant the special use permit at the present time. The City Attorney
advised the Council this would be in order. Councilman Breider questioned if
with the stipulations, would the City 6e allowed control of the situation. He said
he would oppose the CR-1 rezoning.
Councilman Breider indicated he would l�ke a change in the fifth stipulation concerning
the park land. He thought the stipulation should state that the North 5uburban
Hospital District agrees to work with the City to establish a park in the area. He
stressed the other stipulation should be part of the requirements. Councilman
Breider said the stipulation concerning the height limitation should be a part
of the requirements. Councilman Breider said he wnuld like to add two other
stipulations, number fifteen; dust abatment proceedures be taken to keep the �
dust down during construction, and number sixteen, that the contractor be responsible
for garbage removal of the overall area during the construction period by providing
large conta�ners for regular pick up. Mayor Lieb7 auest�oned if the stipulation
concerning the limit of three stories would be satiafactory with the Council.
Mr. Haynes said the height l�mitation would h�ve to be solved at the present
time, because there would be no use in preparing the footings and elevators fnr
one kind of construction when it is prohibited. He said at the present time,
the plans call for the limitation of the construction to be three stories. Mayor
Liebl said the construction had been planned to comply with the commercial zoning
ordinance and Mr. Haynes said yes.
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PUBLIC HEARING MEETING OF OCTOBER 15, 7973
PAGE 6
Mayor Liebl commented, if the limitation is stipulated, the doctors would follow
the plans through the construction of the foundation for the three level bui7ding.
The City Attorney stated if the appltcants decide they want to expand some time in
the future, they will not expand upward and the footings will be planned for
only the three stories. Councilman Starwa7t asked what would be the plan if the
Council would delete this stipulation. Dr. Harty said the plans would have to
be reviewed for the cost of the upward expanding construction.
MOTION by Councilman Breider to approve the Special Use Permit as requested by the
Hospital with the following stipulations:
1. An agreement between the North 5uburban Hospital �istrict and the group
of doctors who will own the three acre tract, on the maintenance and use
of the skywalk, on the use of the parking lots and driveways, be drawn
and recorded.
2. 7he medical office building will not exceed three stories above grade.
3. The exterior of the building will conform aesthetically to Unity Hospital
and be approved by the City Administration.
4. If any additional water mains, sewers or storm sewers become necessary,
the entire cost be borne by the North Suburban Hospital District and/or
the owners of the medical 6uilding.
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The North 5uburban Hospital District agrees to work with the City to
establish a park in the area.
Proper signing be provided by the North Suburban Hospital District to
direct traffic to and from Osborne Road N E.
7. Complete the 50 feet of 6uffer along 75th, Lyric, and 5th Street which
shall consist of a berm and plantings to screen the parking lots from the
residential homes.
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10
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12
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Provlde a legal description of the three acre tract.
No traffic access to 5th Street or 76th Avenue N. E.
No tree removal without City approval.
Any future parking areas be provided with a berm or screening from the
adjoining R-1 areas presently occupied by single family homes.
The parking lots to be 125 feet from the 5th Street right-of-way.
An agreement that the doctors' group will maintain the unused portion of the
three acre tract,
14. The medical building will be limited to occupation and uses as stated in
a letter from the Unity Medical Center of September 6, 1973 which states
that this building shall be limited to health professionala which will
include, but not limited to, physicians, dentists, oral surgeons, clinical
psychologists, psychiatric social workers and allied mental health personnel.
Ancillary uses other than office space shall be limited to those commercial
enterprises designed to serve the doctors and dentists and their personne7
and patients. Such ancillary uses would include things such as a professional
pharmacy, an opttcal company, possible a card and flower shop, and possibly
at a later date, a coffee shop.
15. Dust abatment proceedures be taken to keep the dust down during construction.
16. Contractor be responsible for garbage and waste removal on the overall
area during the construction period by providing large containers that
would be regularly emptied by pick up.
5econded by Councilman Utter. Upon a voice vote, all voting aye, Mayor Liebl
declared the motion carried unanimously and the Special Use Permit approved.
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PUBLIC HEARING MEETING OF OCTOBER 15, 1973
OLD BUSINESS:
CONSI
PAGE 7
OF AN ORDINANCE REGULATING THE PARKING OF CERTAIN
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Councilman Utter questioned the suggested limitation of 13,000 pounds. Mayor Liebl
said Councilman Utter was not present when the proposed ordinance had been amended, ,
and the Council concensus was 13,OOD.
Mr. H. F. Lindb7ad, 160 Crown Road N. E., said some licenses do not clasify by
poundage, and are these vehicles to be allowed to park on the streets? Mayor
Liebl believed if they were in excess of 13,000 pounds, they would be prohitited
from parking on the streets. The City Attorney emphasized, the maximum would be
13,000 and this would be the amount of weight permitted. Ne thought there may
be some question on this point, but the ordinance had been suggested by the Police
Department, and whether it he a Urban 7icense or not, it must have a gross weight.
He informed the Counci� that in other than an Urban license, the gross weight can
6e found on the license plat.
MOTION by Counc�lman Breider to table the second reading of the ordinance to enable
the CityPttorney to clarify the information on the urban license proceedures and
bring the matter to the Council at their next meeting. Seconded b,y Councilman
Starwalt. Upon a voice vote, all voting aye, Mayor Liebl declared the motion
carri�d unanimous7y.
The City Attorney indicated he would provide the necessary information at the
next meeting.
MR. JOHN PAWLUK, 5931 3rd Street:
Mr. Pawluk addressed the Council and said he had an item which he f�lt should be �
discussed under Old Bussiness and he had sent a letter to the City Engineer concerning
the item and thought it should be on the agenda. Mr. Pawluk said he was concerned
with the area in Hyde Park on 3rd Street, 59th and 60th, and the slip off from
University Avenue to 3rd. He said from the s7ip off, the street is a one way,
but many people do not use the roadway as a one way, they do not pay any attentian
because this is such a short distance. Mr. PawlUk believed the current usage
created a hazard to the people going north because there is no stop sign.
Mr. Pawluk requested the street be returned tn a two way street again, because
the people living in the block have to travel around the entire block to g�t in
front of their homes.
The City Engineer acknowledged receipt of Mr. Pawluck's letter and explained the
City must have the permiss9on from the Highway Department and a request had been
made to the Highway Department for this to be done, He said the City is in
agreement with the request from Mr. Pawluk and if the State would agree, this would
be done.
Mayor Liebl directed the City Engineer to write a letter to Mr. Pawluk when he
had received word from the Highway Department on the request.
ORDINANCE #551 - ADOPTING THE BUDGET FOR THE FISCAL YEAR 1974:
Counc�lman Breider said he had one question, was there to be money budgeted for
tennis courts in Madsen Park. The City Engineer said the money is provided in '
the reserve fund and this could be changed now or next year. Mayor Liebl said
when the money is needed, this could be changed.
MOTION by Councilman Breider to amend the budget by reducing the reserve fund
by $6,500 and adding this amount to the Park Fund for tennis courts in Madsen
Park and that the Second reading of the budget orainance be adopted. 5econded
by Councilman Starwalt.
The Finance Director said this change would not effect the tax levy.
UPON A ROLL CALL VOTE, Nee, Breider, Starwalt, Liebi, and Utter voting aye,
Mayor Liebl declared the motion carried unanimously.
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PUBLIC HEARING MEETING OF OCTOBER 15, 1973
CONSIDERATION OF SURVEYING LDCKE LAKE TO
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TEND PROPERTY INTO LAKE WITH COOPERATION
MOTION by Councilman Nee to refer the matter of the survey of Locke Lake to the
Plannang Commission for consideration with a notation that the fees be waived for
the registered land survey. Seconded by Councilman Utter. Upon a voice vote,
all voting aye, Mayor Liebl declared the motion carried unanimously
OF
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REATION COMMISSION RECOMMENDATION OF SEPTEMBER 24
0
The City Engineer summarized the recommendation of the Parks and Recreation
Commission that no space be provided for the use of mini-bikes within the City of
Fridley, on the Sears property or any other property, at this tim�. The City
Engineer pointed out it would be the prerogative of the Council to either
drop the matter on the recommendation of the Commission or to pursue it further.
Councilman Utter addressed the Council and said he had talked with Mr. Robert
Schroer, and Mr. Schroer indicated he would be willing to cooperate with the City
and provide his property for the use of mini-bikes and snowmobiles.
MOTION by Councilman Utter to advise the Acting City Manager to direct Paul Brown,
Director of Parks and Recreation, to contact Mr. Robert Schroer concerning th�
use of his property for mini-bikes and snowmobiles. Seconded by Councilman 5tarwalt.
Councilman Nee asked if the intent of the motion was to talk about the possibility
or take action approving the usage. Mayor Liebl said th�s would allow for the
consideration of the use.
Councilman Breider expressed concern about the liaaili'�y of such a usage and
questioned if the City Attorney should be in contact with the property owner on
�this liab�lity. The City Attorney said there had been some discussion relevant
to this question 6y the Parks and Recreation Commission and a report an the
su�tability would have to be drawn up.
Mrs. Lee Ann Sporre, 301 Ironton St. expressed concern if this would create
an open door situation for the use of North Park because the Schroer property
abuts North Park. She questioned if North Park was to be open to snowmobiles
again, stating there would be no reason to post the area against hunting if the
snowmobiles were allowed, there would be no wild life to hunt in the area.
Mrs. Christine 0'Hara, 269 69th Avenue, addressed the Couneil and indicated she
thought their area would provide the southern access to the area if this area were
to be used and open to motor vehicle traffic. She stressed if the City were to
open any area, they shouM consider the accessab9lity of that area, and whether this
would magnify the problem, Mrs. 0'Hara said there had been a dirt road in the back
of their home which has become a large boulevard which has been created by the veh�cles
being used in the area. She stressed the point of consideraiion by the Council on
what type of protection are the area property owners receiving aga�nst the use.
UPON A VOICE UOTE, all voting aye, Mayor Liebl declared the motion carried unanimously.
Councilman Nee said he would like to see the Council reconsider the proposal of the
Pu61ic Safety Director, Mr. Hill. He believed Mr. Hill's suggestion to be a little
too severe, but it would be something to work from.
�Mayor Liebl suggested the Public Safety Director work up some sort of proposal and
allow theCouncil to take it from there.
QUESTION ON THE ISLANDS OF PEACE AGREEMENT:
Mr. Ed Wilmes addressed the Council and asked if there was a question nn the agreement
6eing finalized for the Islands of Peace.
The City Attorney satd there had been a lack of communication. The preliminary
agreement had been approved, but the final agreement was not yet complete. He said
the policies of maintenance, and other matter have to be worked out. The City Attorney
indicated it would be up to the Committee to work out the deta�ls and advise the City
and provide the exhibits on the agreements. He explained, the details had not been
taken care of.
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PUBLIC HEARING MEETING OF OCTOBER 15, 1973
NEW BUSINESS:
PAGE 9
CONSI�ERATION OF FIRST READING OF DRDINANCE AMENDING CODE - HOUSE MOVERS:
Mayor Liebl asked if the proposed ordinance was the City Attorney's proposal for
the amendment to the or�inance. The City Attorney said yes, he would advise the
Council to proceed with the f�rst reading.
MOTION by Councilman Utter to adopt the first reading of the ordinance amending
the license fees for house movers. Seconded by Councilman Breider. Upon a roll
caii vote, Utter, Nee, Breider, StarwaTt, and Liebi voting aye, Mayor Liebl
declared the motion carried unanimously, and the first reading adopted.
Councilman Starwalt satd he believed there should be some additional input in
the matter Mayor Liebl adGised the administration to notify the house movers
and have them attend the meeting when the second reading is on the agenda. The
City Engineer said he would notify the movers.
Councilman Utter said he believed the permit fee should be at least $10,
CONSIDERATION OF APPROVAL OF F
MOTION by Councilman Starwalt to approve the Final Plat as requested by Darre7
A. Farr Develapment Corporat�on far Innsbruck North Townhouse 3rd Addition.
Seconded by Councilman Utter. Upon a voice vote, all voting aye, Mayor Liebl declared
the motion carried unanimously.
RECEIVING THE MINUTES OF THE PLAfJNING COMMISSIOM MEETING OF SEPTEMBER 26, 1973:
The City Engineer advised the Council there were no items in the minutes which
would need Council action.
MOTION by Councilman Utter to receive the Minutes of the Planning Commission
Meeting of September 26, 1973. Second�d 6y Cnuncilman 5tarwalt. Upon a voice
vote, all voting aye, Mayor Liebl dec7ared the motion carried unanimously.
RECEIVING THE MINUTES OF THE PLANNING COMMISSIflN N}€ETING OF OCTOBER 3, 1973:
JOHN DOYLE REQUEST FOR A REAL ESTATE OFFICE: 6305 EAST RIVER ROAD:
Mayor L�ebl read aloud the motion of recommendation from the Planning Commission
minutes.
Maynr Liebl referred to a recent matter in Crystal for a similar special use and
said he had gone there and checked out the action on the matter. He said
he thought the special use permit may be the correct method of a7lowing the
use when the ard�nance does not specif7cally state standards of use. He read
aloud the statement by Mr. Doyle's Attorney from the minutes of the meeting.
This case concerned Ayllka vs. the City of Crystal, and the Section 45,191 of the
City of Fridley Code, this view of establishing the discretion of the governing
body as authority confirms this view.
Mayor Liebl said Mr. Doyle had been in contact withe the people of the area
to obta�n the�r input to the situation, he had tried to handle the matter
properly. Councilman Utter said the applicant is doing something improper,
he is operating a husiness establishment in an R-1 area with no special use
permit and he does not live in the home.
Councilman Nee agreed that the proposal would effect everyone in R-1, R-2,
and R-3 d�stricts in the City, if the zoning ordinance in the City were
changed. He said it would be possible to establish a business a�ywhere
in the City of Fridley with a special use permit, but he felt there would
6e no problem with looking at what the City Attorney may recommend. He said
he could see many problems if this were allowed. He suggested looking at the
ordinance and making some judgement at that time.
Councilman Utter said he cou� see a lawyers office in the midst of Innsbruck
North and an insurance agency in the River area. Councilman Nee said the
ordinance would have to be defined speciftca]ly.
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PUBLIC HEARING MEETING OF OC7DBER 15, 7973
PAGE 10
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The City Attorney said he thought this was using poor principles by making
an example of only real estate and attorney's offices, anybody who had a
profession could make application for such a permit. He pointed out to the
Council when this would happen, the burden would be on the City. He stated
the Zyllka case in Crystal would be a clear example of this type of burden, and it
was determined the City did not make specific findings that this would be detrimental
to the neigh6orhood. He referred to another example of a case in Bloomington
where it was determined there were not specific facts to support the findings
The City Attorney did not belived it would 6e a good step io adopt a general
policy. He recalled to the Council's attention the current case of the
City of Fridley on a special use permit, the Metro 500 case. He mentioned
another case, the Five Sand Apartments and said this had been settled by the
land owner, or he felt the City would have lost this case. He sa�d he was
not aware of the proper solution for Mr. Doyle, and he would work on such
an amendment to the ordinance, but he would not recommend it.
Councilman Starwalt questioned Mr. �oyle about the possibility of having one
of his employees live in the house. Mr. Doyle said the home is not big
enough as it is a very modest home, Mayor Lie61 questioned if the people
would want to live in Fridley, Mr. Doyle said he could not ask people with
large families to live in a small house. He stated he could not 9et his family
and business into the factlity, and everyone else that works for him has a
family.
Mr. Carson, Attorney for Mr. Doyle, addressed the Council and requested
some time to research the possibility of having one of the employees accupy
the home, and in the meantime, would they have the Council's permiss�on to
operate as they are, Mayor Liebl asked if this would be possible. The
City Attorney said it would not be legal, anyone might sign a complaint
against this use. Councilman Utter said he did not know why the applicant
has to be allowed 30 days when he has been avoiding the question for six months
already.
MOTION by Councilman Nee to ta61e the consideration for the request by Mr.
John �oyle unttl the next meeting, October 29, 1973, for the purpose of
allowing the applicant time to deiermine if it would 6e feasible for one
of his emplcyees occupying the home. Seconded by Councilman Starwalt.
Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried
unanimously.
MOTION by Counc�lman Utter to receive the minutes of the Planning Commission
Meeting of October 3, 1973. Seconded by Councilman Starwalt. Upon a voice vote,
all voting aye, Mayor Liebl declared the motion carr�ed unanimously.
ESTIMATES:
Gibbs Advertising
8468 Westwood Road N. E.
Minneapolis, Mtnnesota 55432
Estimate dated June 10, 1973
Estimdte dated July 18, 1973
Estimate dated Sept. 15, 1973
for artwork at Fr�dley Liquor
Stcre
Mr. Carl Newquist
Builders Exchanye Building
Mirneapolis, Minnesota 55402
$450.00
466.00
312.00
For services rendered as prosecutor (dated 10/3/73)
Progressive Contractors, Inc.
Box 368
Osseo, Minnesota 55369
FINAL Estimate No. 1 for Street Improvement
Prnject ST. 1972-1A, according to the contract
$ 1,228.00
1,1D0.00
81.645.76
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PUBLIC HEARING MEETING OF OCTOBER 15, 1973
Progress�ve Contractors, Inc.
Box 368
Osseo, Minnesota 55369
PARTIAL Estimate #9 for Street Improvement
Pro�ect ST. 1972-2 (MSAS)
PARTIAL Estimate #10 for Street Improvement
Pro,7ect ST. 1972-1
Bury & Carlson, Inc.
6008 Wayzata Boulevard
Minnespolis, Minnesota 55416
PARTIAL Estimate #7 for Street Improvement
Pro�ect ST. 1973-2
PARTIAL Estimate #7 for Street Improvement
Project ST. 1973-1
Comstock & Davis, Inc.
1446 County Road "�"
Minnespolis, Minnesota 55432
PARTIAL Estimate #5 for Sanitary Sewer & Water
Improvement Pro,7ect No. 112 from Sept. 3
to Sept. 28, 1973
PARTIAL Estimate #7 for Street Improvement Project
No. 1973-1 $ 2 from September 3 through ^September 28,
1973
PARTIAL Estimate #1 for Street Improvement Project
No. 1972-1A from 5ept. 3 through Sept. 28, 1973
PARTIAL Estimate #8 for Water Improvement Project
No. 111 from Sept. 3 through Sept. 28, 1973
PAGE 11
91,993.42
27,693.09
4,638.49
69,497.81
613.31
2,268.18
1,408.26
686.69
Counc�lman Starwalt questioned the estimate submitted by Gibbs Advertising.
The City Engineer/Acting City Manager said this had been authorized by the
previous City Manager and he had been acting under his authorization.
f�lOTION by Councilman Starwalt to delete the estimate submitted by Gibbs
Advertising. Niayor Liebl declared the MOTION DEAti FOR LACK OF A SECON�.
MOTION by Counci]man Bre�der to approve the est�mates. Seconded by Councilman
Nee.
Councilman Nee said he bel�eved this to be a reasonable amount for the work
done, and he had completed the work. Mayor Liebl read the three estimates
submitted by Gib6s Advertising aloud to the Council.
Councilman Nee sa�d the man had called him and asked why he was unab]e to get his
money.
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UPON A VOICE VOTE, all votrng aye, Mayor Liebl declared the motion carried unanimously.�
RECEIUING THE MINUTES Of THE CHARTER COMMISSION MEETING OF SfPTEMBER 18. 1973:
MOTION by Councilman Bre�der to receive the minutes of,the Charter Commiss�on
Meeting of September 18, 1973. Seconded by CounciYnan Nee: Upon a voice vote,
all voting aye, Mayor Liebl declared the motion carried unanimously.
RECEIVING THE MINUTES OF THE FRIDLEY HUMAN RELA7IONS MEETING OF SEPTEMBER 27, 1973:
MOTION by Counc�lman Nee to receive and concur with the minutes of the Fridley
Numan Relations Meeting of September 27, 1973 and note the quorum wi71 be e�ght
members. Seconded by Councilman Breider. Upon a voice vote, all voting aye,
Mayor Liebl declared the motion carried unanirnously.
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PUBLIC HEARING MEETING OF OCTOBER 15, 1973 PAGE12
The City Engineer asked which portion of the minutes were being concurred with,
and indicated there had been a request that a secretary be furnished by the City
for the meetings. The City Engineer said there is no money in the budget for
this personnel at the meetings of the Committee.
I1(ING STATUS REPORT REGARDING COMPLIANCE WITH SPECIAL
�nmv rnonci rvr.
MOTION by Councilman Breider to receive the report on the Special Use Perm�t
agreement with Frank Gabrelcik. Seconded by Counc�lman Starwalt. Upon a voice
vote, all voting aye, Mayor Liebl declared the motion carried unanimously.
CONSIDERATION OF NAMING AUDITOR FOR THE YEAR 1973:
MOTION by Councilman Breider to name Mr. George Hansen Auditor for the fiscal
year 1973. Seconded by Councilman Nee. Upon a voice vote, all voting aye, Mayor
Liebl declared the motion carried unanimously.
CONSIDERATION OF A REQUEST FOR WAIVER OF SPRINKLTNG REQUIREMENT BY BARRY BLOWER, INC..
MOTION by Councilman Breider to waive the 100% sprinkl�ng requirement as requested
by Barry Blower with the stipulations that a fire service line be presently sized
to be able to handle a complete sprinkler system, and an annual certification of
occupancy inspection be required so that any change from the present layout would
be recogm zed, and if further sprinklers are required, they would be immediately
installed. Seconded by Councilman Nee. Upon a voice vote, all voting aye, Mayor
Lte61 declared the motion carried unanimously.
MOTION by Councilman Breider to receive the letters from Mr. Robert D. Aldrich,
Deputy Fire Chief, dated October 2, 1973 and from Mr. Gerhard M. Gauger, President,
� Barry Blower Company dated, October 2, 1973, Seconded by Councilman Nee. Upon a
voice vote, all voting aye, Mayor Liebl declared the motion carried unanimous7y.
RECESS:
Mayor L�ebl called a ten minute recess at 10:34 p.m.
RECONVENED:
Mayor Liebl reconvened the meeting at 10:50 p.m.
NG CITY EMPLOYEE ACTING IN SUPERVISORY POSITION THE SALARY
MOTION by Councilman Utter to authorize the paying of City employees acting in
supervisory capacities the pay of the position because they are taking on added
responsibility by the position and should be reimbursed.
Mayor Liebl said the request would be to pay Mr. Roy Scherer the Forman's pay.
Councilman Utter said this would apply to Roy 5cherer and other Department Heads
who are in acting positions.
The Acting City Manager said this would create some problems, and this would be
requested in the Police Department and the Public Works Department where this is
done frequently. He said thts should be done by special consideration by the Council
� only and not on a flat policy 6asis.
Councilman Starwalt asked if one of the conditions of his employment at the Senior
Man position would be to act in the absence of the Forman? Councilman Utter said
more than one man is trained to take over the position. The Acting City Manager
said there is only one Senior Man. Councilman Utter asked if the compensation of
the Senior Man is higher than the Second Man. The Administrative Assistant,
Peter Herlofsky, said the Forman receives $1,014 per month, the sen�or man receives
$925 per month and the other three Operations and Maintenance Men receive $890 per
or $35 per month less than the Senior Man. He added, one man in the department
receives $855 per month, this would be $70 less than the senior man.
Mayor Liebl asked for a second to the motion by Councilman lJtter.
Mayor Liebl declared the MOTION DEAD FOR LACK OF A SECDN�.
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PUBLIC HEARING MEETING OF OCTOBER 15, 1973
APPOINTMENT: CITY EMPLOYEE:
NAME
POSITION
SALARY
PAGE 13
EFFECTIVE REPLACES
DATE
Curtis Dahlberg Park Foreman, $974 October 29, Ralph
205 Rice Creek Blvd. Park & Recreation per 1973 Volkman
Fridley, Minnesota Department month
MOTION by Councilman Utter to appoint Mr. Curtis Dahlberg as Park Foreman in the
Park & Recreation Department to replace Mr. Ralph Volkman to be effective October 29,
1973. Seconded by Councilman Breider. Upon a voice vote, all voting aye, Mayor
Liebl declared the motion carried unanimously.
CONSI�ERATION OF SCHEDULE FOR COUNCIL MEETINGS IN DECEMBER:
The Acting C1ty Manager said the two members of the Council w�li be in attendance
at the National League of Cities Convention during the first week of December which
would leave only three members available for the first meeting if it were to remain
scheduled for December 3, 1973. He said there are a number of items Would
need the consideration of the full Council.
Mayor Lie61 suggested the Council have two meetings in the month of December to be
scheduled for the lOth and 17th. Councilman Breider agreed stating the month of
December is usually not as busy as other times of the year.
MOTION by Councilman Utter to schedule the two meetings for �ecember for the lOth
and 17th and delete the �ecember 3, 1973 meeting from the scheduled meetings. 5econded
by Counc�lman Starwalt. Upon a voice vote, all voting aye, Mayor Liebl declared the
motian carried unanimously.
CLAIMS•
GENERAL 33397 - 33544
LIQUOR 8244 - 8295
MOTION by Councilman Starwalt to pay the claims. Seconded by Councilman Breider.
Upon a voice vote, all voting aye, Mayor Ltebl declared the motion carried unanimously.
LICENSES:
GAS SERVICES:
P & H Services Company
2634 Dupont A;�enue North
Minneapolis, Minnesota 55411
GENERAL CONTRACTOR:
�
Gerald Steffens
W. R. Bauer Construction Company
1655 Stanbr�dge Avenue
Roseville, Minnesota 55113 Walter Bauer
T. M. Campion Company
2139 Lowry Avenue North
Minneapol�s, Minnesota 55411
Rottlund Company Incorporated
7613 Central Avenue N. E.
Fridley, Minnesota
HEATING:
T. Michael Campion
(Name Change From Castle
Homes)
David Rotter
Central Air Conditioning Company
790 South Cleveland Avenue
St. Paul, Minnesota 55116 Robert B, Winston
Equipment Supply Inc.
801 Curfew Street
St. Paul, Minnesota 55114
David Hodgson
APPROVED BY
W. Sandin
C. Belisle
C. Be7isle
C. Belisle
W. Sandin
W. Sandin
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PUBLIC HEARING MEETING OF OCTOBER 15, 1973
HEATING CONTINUED:
Swenson Heating & Air Cond.
6700 W. Broadway
Minneapolis, Minn. 55428
AUCTIONEER:
Leon's Auction Service
7381 Central Avenue N. E.
Fridley, Minnesota
CIGARETTE:
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Douglas Swenson
Leon Godeke
PAGE 14
APPROVED BY
W. S�ndin
Public Safety Director
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fEE
$lO.OD
two days
Town Crier Pancake House
7730 University Avenue N. E.
Fridley, Minnesota Craig Vargo Public Safety Director $12.00
MOTION by Councilman Bretder to approve the ltcenses inc7uding the Auction License
by Leon's Service. Seconded hy Councilman Starwalt. Upon a voice vote, all vottng
aye, Mayor Liebl declared the motion carried unanimously.
POSTING OF NORTH PARK WITH "NO HUNTING" SIGNS.
MOTION 6y Councilman Nee to authorize the Administration to post the North Park area
with no hunting and trapping signs. Seconded by Councilman Breider. Upon a voice
vote, all voting aye, Mayor Liehl declared the motion carried unanimously.
COMMUNICATIONS:
INDEPENUENT SCHOOL DISTRICT #11: NOR7H PARK:
MOTION by Councilman Breider to receive the letter from Mr. E. 0. Johnson, Anoka-
Hennepin Independent School District No. 11 dated October 10, 1973, regarding
North Park. Seconded by Councilman Utter. Upon a voice vote, all voting aye, Mayor
L�ebl declared the motion carried unanimously.
WALL CORPORATION REQUEST FOR TIME AT 7HE END OF THE AGENDA FOR DISCUSSION ON THE
PROPOSAL FOR DEVELOPMENT OF REI�EL PR PER7Y
Mayor Liebl read aloud the letter from Mr. Rudolph Dante, representative of the
Wall Corporation, addressed to the Acting C�ty Manager, Nasim Qureshi, regarding
the request to have an informal discussion after the completion of the discussion
of the items on the agenda. He said cop�es of the letter had been submitted to
each of the members of the Council, and the C9ty Attorney.
Mayor Liebl asked the members of the Council if it was their wish to ad,7ourn the
meeting for the discussion with the people from the Wall Corporation, or would they
want the matter on record.
Counctlman Nee said there would be no reason not to have the discussion on record,
and he would rather have it a matter of record.
Mr. Fred Wall, Wall Corporation, addressed the Council and said the problem involved
the Reidel property which was adjacent to the Fridley City Hall. He stated never
� before had he put so much time and effort into a project to accomplish so little.
He recalled over the time planning for the construction, many times they ihought
of just walking away from the pro�ect, but felt they were so close to some formulation
of the pro,7ect, they did not walk away. He said he thinks he should have walked away
in the very beginning. He said the matter had been �umping from pillar to post
and they have not heen able to do anything.
Mr. Wall satd he had talked with Mr. Qureshi recently and there seemed to be some
question on where they were at. He added the Acting City Manager had continued
to refer to an agreement which would cover the construction of 106 apartments and
some townhouses. He believed this agreement to be outdated, and said there had
been many adaptations s�nce this time and agreement.
Mr. Wall continued saying with the amendments to the pro,7ect through redesigning it with
the City, they had ended up with a pro,7ect so expensive, they could not build it. He
said originally the area was to contain townhouses which would have been for sale at
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PUBLIC HEARING MEETING OF OCTOBER 15, 7973 PAGE j5
about $38,000 to $40,000 or even $2,000 more at today's prices. He thought this
was not a deluxe site in the City, it was nice but not deluxe or comparable to the
Innsbruck North area, or the water front on the river. He said he would consider
th�s area a tract development site, treeless and ahutting City Hall which is good,
but not attractive as a neighbor for deluxe housinq. He said these cond�tions
would not allow the developer to go on-wiih the mediurr� priced development of
townhouses.
Mr. Wall explained Mr. Dante had come up with an idea to eliminate the apartments
and construct an area of only townhouses which would have rented for about $300
per month. Mr. Wall said he was reluctant to go along with such an idea, but
Mr. Dante showed him the Larson project which has a waiting list for rental at
this price, and this was proof of the need for such an area. He said their proposal
was to come up with something similar, nicer and higher priced. He said by the
ttme amendments to the plans were made, they would have to rent the units for
$450 per month. Mr Wall indicated with the stipulation such as adding a recreational
building for from somewhere around $75,000 to $125,000, they were not able to get
the project off the ground. He said they would be able to produce a prn�ect similar
to that of the Rice Creek pro,7ect with no gang garages, but with the use of the tuck
under garages. He referred to a pro,�ect which is in Eagan and said this would be
their suggestion for the property and they would be able to stay within the catagory
of �300 per month for rent.
Mr. Wall sa�d he would like to ask the Council if this would be acceptable with
them and he would like a gentlemen's agreement before he would go ahead and close
on the property. Mr. Wall pointed out the amount for the land alone would be
$200,000 and this would 6e alot of money to speculate with. Mr. wall said if th�s
type of proposal is not satisfactory to the Council he would�pass on the acquisition
of the property and there would be no problems. '
Councilman Breider asked if the other members of the Council had seen the Eagan
site. Mayor Liebl said he and the Acting City Manager had gone out and reviewed
the area. Mr. Wall said both the Larson complex and the Eagan complex had been
designed by Mr. Reese, and he believed Eagan was the more attractive project
because of the tuck under garages.
Counci7man Breider sa�d he thought there had been an agreement that the townhouses
would rent for three years and then be sold. Mr. Wall said he too would like this
type of arrangement, but there was a great demand for rental housing for families.
He expla�ned, there is no finahcing for sellable housing at the present time and
there is a great demand for rental housing. He said the developer would be able
to f�nance the complete pro�ect if it were rental and if it would be residential
property for sale, it would have to be a piece meal pro,7ect being built as the
committments for purchase were obtained. He added, this would take years to complete.
Councilman Breider asked if there was some question on the agreement. Mr. Wall
said there had been two agreements, one which had been signed and one that had not.
He said those stipulations on the signed agreement would be produced. He said
those stipuiations on the signed agreement would 6e produced. He said he wouTd
be in agreement with the desire to not create rental housing, but they would all
have to face reality.
Counciiman Breider asked if the Corporation would live up to the agreement to provide
the facilities for the storm sewer. Mr, Wall said the only dtsagreement they would
have would 6e to prov�de owner occupied housing,
Councilman Breider asked what wou7d be the average cost of the,units. Mr. Wall
said they would run from $28,000 to $30,000 per unit. He said the 155 unit project
is far more than they had or�ginally planned to build, He said there is a family
market that wants spac�ous living, not carpeted apartments and these units would
be 1,700 square feet.
Councilman Nee said he believed Mr. Wall was presently asking for a blank check
and asked if there would be some indication of what the plan would be and how
it would be d�fferent.
The Actin9 City Manager said the Wall Corporation does not want to be tied to the
st�pulation that they must be owner occupied units. He said he would think this
problem is a leaal one. He said the agreement was that the developer would build
all rental units to be built in one season and as the market would allow, he would sell
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PUBLdG HEARING MEETING OF OCTOBER 15, 1973
PAGE ��
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the units. He satd the C�ty had allowed this rental for three years w�th a possible
extension of two years. He said this ts the hig question on what he �s trying to
resolve between the City and the developer.
Mr. Wall said he did not believe the agreement as pointed out by the Acttng City
Manager could be enforced by the City, but itns �s not what would bother him on
' entering into it. He said the pro,7ect would need time to mature and they would
be for sale immediately. Mr. Wall said he believed this to be a matter of
conscience with him. Ne said he would not like an agreemtnt where the City would
not bother him if he did not bother the City, He pointed out they had tried to
plan something that would sell right away, but this is not the way it had worked
out. Councilman Utter satd this would be in an R-1 area. The Acting City Manager
said the property would have to be rezoned.
Mr. Wall said he did not think utilities like the water would have to have 155 ho�k
ups, and 155 meters. He said tt would be possible to have home owners in an associat-
ion for the care of the grounds and the water would be needed for this care and could
be disl�ursed at a central point with all paying an equal amount. Mr. Wall said
he would not change anything that would not make the area unsellable.
Mayor Liebl asked how much could be saved by this type of planning and insta7lation.
Mr. Dante addressed the Council and said some time a�o, the pro,7ect would have been
about 3.6 million dollars and today it may run anywhere from 4, 4z, �r 5 million.
He said if the price of the overall meters was dropped and other items, the figure
could again be in the 3.6 mtllion catagory. Mr. Dante pointed out, each single item
would have its ramification and the figure had ,7umped over a million dol}ars.
Councilman Nee asked �f the walls would have to be constructed in a different
manner if they were to be sold at a later date.
Mr. Dante said the building would have to comply with the regulations of UBC.
, He said the site plan would be very close to the one being considered at the present
time. He said there would be six units to a cluster and there would be a single
rather than double garage, He added, the garages would be tuck under garages not
gang garages. He said the complex would be similar to the pro,7ect in Eagan and
also the Larson complex, without the gang garages. He explained the units would
be four feet smaller 6ecause of the single garages.
Mayor Liebl summarized the events leading up to the present request by the developer
and said now they are in the midst of a tight money market where the f�nancing rate
may be as high as 12%. He said with the inflation, the amount had increased. �layor
Liebl explained he did not know what could be done legally, but he hoped it would
be feasible to get something worked out. He recalled the area people like the idea
of townhouses better than the first proposal of apartments. Mayor Liebl pointed
out the City would have an obligation to the area people w�th the installation
of the storm sewer, and if the development is dropped at this time, the people will
have to pick up the tab.
Mr. Wall then described his proposal. There will be 155 units, the garages would
be single rather than double, the units would be four feet smaller, 6ut everything
e7se would be the same. He said it is not tn the cards to complete the deluxe plan.
Mr. Wall added, there will be no recreation 6uilding, they could not afford to put
this in now. He stressed, everything else would be the same with these exceptions.
He explained, there are many homes in Fridley that do not have a swimming pool
� and double garages. They would have to build units that would rent for $300
now and $336 in three years, or they would not meet the expenses.
Mayor Liebl asked the City Attorney for his counsel. He asked if the City could
ask the Corporation to se11 the buildings in five years. The Ciiy Attorney said
he did not like the arrangement, it would not be enforceable. Fie advised the
Counctl that the ordinances prohibit renting property in the R-1 areas of Fridley.
Councilman Nee said he agreed with the concept of the plan, but he could not
agree to the single garages.
The City Engineer sa�d there would be a problem with the water and sewer. He
added, the walls would have to 6e constructed different in owner occupied units than
rental units. He said �t would be up to the Council to determine if the units
could be rented. Mr. Dante said the 5/8 wall board could be added later if the
units would be sold. The City Engineer indicated if this would be added later,
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PUBLIC HEARING MEETING OF OCTOBER 15, 1973
PAGE 77
this would be a great expense, he said it would be more feasible to instal7 the
right wall at the present time. Mr. Dante said paying this on a five year mortgage
would be more expensive then construction five years down stream.
Mr. Dante said he would be willing to take the members of the Council to the Eagan
site and allow them to review the plan.
Mr. Wall sa�d they are currently reaching the end of a 30 day extension period
and the owner of the property is going to cancel them out.
Mr. Wall said he was not asking for a binding agreement, he would huy the property if
this was feasible.
Mr. Dante asked the City Attorney if he would contact the Reidel Attorney and indicate
the plans of the Council. The City Attorney said he would contact Mr. Peterson,
but there would still be a risk with the legal considerations. He said if the client
does not want to agree to the plan, the atiorney's oral agreement may not be binding.
�he City Attorney said he did not know what Mr. Peterson or his client were willing
to do.
D�scussion followed determining the time and date of the tour of the Eagan complex
and the setting of the special meeting. The Councilmen agreed on Wednesday, October
17, 1973, 6:D0 p.m. for the Special Meeting to discuss the requests of the Wall
Corporation.
ADJOURNMENT:
MOTION by Councilman Starwalt to adjourn the meeting. Seconded by Councilman Nee.
Upon a voice vote, all vot�ng aye, Mayor Ltebl declared the motion carrted
unan�mously and the Public Hearing Meeting of the Fridley City Council of t)ctober
15, 1973 ad�ourned at 12:37 a.m.
Respectfully submitted,
Patricia Ellis
Secretary to the City Council
�ate Approved
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Frank G. Li bl, ayor
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