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06/03/1974 - 5488� � � � � ' � � �I i 1 0 1 1 1 1 1 I 1 PATRICIA RANSTROM COUNCIL SECRETARY REGUl.AR COUNCIL MEETING JUNE 3, 1974 FRIllLEY CITY COUNCIL — REGULAR MEETING — JUiVE 3, 1974 — 7:30 P.M. _ 7:35 PLEDGt OF ALL�GIAI'JCE: Given I IVVOCAT I O►V : si � ent Prayer ROL� CALL: A>> present APPROVAL OF M I ��UTES : SPECIAL MEETING, APRIL ZZ, 1974 Adopted as presented. �EGULAR �°�EETING, �`�AY 6, 1974 Rdopted as presented. PUBLIC i�EAftING �`�EETING, MAY 13, 1974 Adopted as presented. i�:�OPT I (�i� OF AGEIV�A : Added Communication concerning Licensing of Genera7 Television. VISITO�S: �ONSIDERATION OF �TEMS �OT ON AGENDA — 15 MINiJTES . . P�r. Glerin Johanson, 5260 6uchanan St. N. E., requested notif�cation � on consideratian of Antennea for Midwestern Relay and General Te7evision. Mr. Richard Harris, 6�00 Riverview Terrace, request for thar�k you �o Burlington Northern for repair of Roadbed at Mississippi St. & Osborne Rd. R�GULaR f�1EtTIiVG, JUi�E 3, 1974 Ui� �US ItVESS : PAGE 2 CONSIDERATION OF A REQUEST TO CONSTRUCT A GARAGE DtIILuING FOR THE APARTMENT COMPLEX LOCATED ON Lo-r I8, BLOCK Z4, HYDE PARK ADDITION� THE SAME BEING .IOS - �gTH aVENUE IVo E� REQUEST BY R� �. BAUMAN CTABLED ' MaY 20, 19?4 ) , , , , , , , , , , , , , , , , , , � , , , 1 - 1 A Approved with two stipulations recomrnended by Building Standards Desigri Contro7 Subcommittee for a seven unit construction. , I.ONSIDERATION OF A REQUEST FOR HOUSE TRA�LER PERMIT BY TOTINO�S FINER FOODS, INC. �TABLED MAY ZO, 1974)� �.- 2 Permit approved stipulating that this wi71 be for the period of one year at max9mum. iJEW BUS I f�ESS : RECEIVING THE MINUTES OF THE PLANNING COMMISSION IiEET I NG OF �AY 22, 1974 � � � � � � � � � � � � � � . �. � 3 - 3 � 1. +Zezoning request by Henning Nelson ZOA #74-01: concurred with Subcommittee and denied the request 2. Preliminary Plat by Jim Lund Estates P. S. #74-03: Set Public Hearing for July �, 1974. �n....� �EGULAR MEETING, JUNE 3, ]974 PAGE 1-A RECEIVING TNE MINUTES OF THE PLANNING CQMMISSION MEETING QF MAY 22, 1974 Continued: � 3. Special Use Permit request by Clifford A. Anderson, SP #74-07: approved with one stipulation as recommended by Planning Commission. 4. Special Use Permit req�aest by Marvin Hartse, SP #74-08: approved with two stipuiations of P�anning C�mmission. 5. Speciai Use Permit by �nthony R. Bourdeaux, SP #74-09: cancurred with Planning Commission and approved the request with one stipulation. 6. Special Use Permit request by W. Red Stang, SP �74-10: continued at Planning Commission leve]. 7. Lot Split request by Darrel A. Farr, L. S. #74-06: 8. " " " " " " " , L. S. #74-07: 9. �� , L. S. #74-08: 10. �� , L. S. #74-D9: (7-10) concurred with the recommendation of the Planning Commission �hat these be approved, bu� be i�andled as a replat and not 1ot sp]its, they wi11 be coming back to Council for consideration of rep�at. 11. Lot Split request by Mildred Mustenen, L. S. #74-04: concurred with recommendation of Planning Commission and approved the request with one stipulation. . 12. Lot Split request by Springfield Homes, L. S. #74-05: concurred with Planning Commission and approved. . , 13. Parks and Recreation Comprehensive Plan: tab7ed by P]anning Commission. , 14, Fiyde Park Study: Council action to prepare some plans and papers documenting . . the aTternative plans for development of the area and call the people of ' .the area in for some input in the p7anning. i15. Review of Section 205 of City Code: no action taken by Planning Commission. 16. Criteria of Special Use Permits and Advertising Sign Var9ances� concept approv� 1 ed, City Attorney to report on legal feasibility. (�IINUTES RECEIVED. �,-� °� � � ' ' ' � 1 I I � � RtGULAR (�IEETIiVG, JUiVE 3, 1974 IVtW t��Sjl�ESS t�ONTINUED) PAGE 3 RECEIVING TNE J�INUTES OF THE BOARD Of APPEALS �EET I NG OF MAY ZS, 1974 � � � . � � � . � � � � � � . . • 4 - 4 � 1. Variance requests to allow for construction of a garage by Patricia Abrams for 688 Highway #100 N. E.: approved both var�ances as recommended by Board of Appeals. 2. Request for variance for construction af inground swimming poo7 by Lee Brills: concurred with Board and approved. 3. Request to reduce off street parking and reduce laundry area by Wall Corp. parking sta71 size reduced to 9.2 feet and laundry area reduction approved. 4. Request to reduce rear yard set back and off street parking, Harold and Richard Harris: approved with two recommended stipulations. RECEIVING THE I�INUTES OF THE BUILDING STANDARDS - �ESIGN �ONTROL MEETING OF MAY 2$, 1974. .��.�..�. 5- 5 G 1. request to construct new bui7ding, Harold and Richard Harris: approved with recommended eight stipu7ations and addinn that stipuiation #8 be worked out with the applican�s and �he Engineering Department. i . 2. Request to construct apartment complex, WaTI Corporation: approved , issuance of building permit with nine stipulations as recommended by Board of Appeals, �irst stipulation changed to state $8,000 park fee to be paid for R-1 area and one tennis court be installed in the R-3 area. i �J ' ' ' , �J 3. Request to remodel by Murphy Oil Company, &485 East River Road: concurred with recommendation and approved with two stipulations. 4. Request to construct new building by Percy E. Taylor-Taloo Inc., arproved as recommended with five stipulations. 5. Request to construct salt storage building by ��:linnesota Highway Department: Approved with recommended siipu1ation's, 1, 2, 3, 4, & 6. Number five deleted. 6. Request for approval of parking lot layout by Spartan-Atlantic Corp.: approved with recommended stipu7ations. MINUTES RECEIVED. R�GULAR MEETING, JUNE 3, 1974 PAGE 3-A aPPROVAL OF �OINT EXERCISE OF POWERS AGREEMENT WITH ANOKA C011NTY REGARDTNG REIMBURSEMENT FOR �UNKED AUTOS� �� 6— 6 D Tabled with information being given to Mr. Hi17 and Shorty's 7owing. , REGULAR MEETING, JUfdE 3, 1974 IVEW �US I I��SS �CONTI NUED) APPROVAL OF EXCLUSIVE RENTAL CONTRAGT - 3710 EasT (�IVER ROAD �LIQUOR STORE #Z)� � � . � � � � � � � � � � Council authorized Administrat�on to execute contract with Realtor for period of 60 days. 0 PAGE 4 7-7C RECEIVING pETITION #�-1�%4 REQUESTING '�NO PARKING'� SIGNS ON CNAfVNEL RGAD FROM MISSISSIPPI STREET TO b6TH AVENUE. . . , � . . . � , . � � , . � � � � � � � � 8 — S F 30 day trial period to be given to allea�iate problems and after this the no parking signs will be placed in area if necessary. COIdSIDERATION OF APPROVAL OF SNARING FRIDLEY�S FIRE FREQUENGY WITH COLUMBIA HEIGHTS� :�.,. �.�. 9— g A Received and concurred. 0 KEGULAR MEETIiVG, JUNE 3, 1974 IV�W �lJS I idESS (Corvr i rvuED) CONSIDERATIQN OF PRELIh1INARY APPROVAL FOR ISSUANCE OF INDUSTRIAL REVENUE BONDS IN THE AMOUNT OF �SOO,O�O FOR BUILDING RN INDUSTRIAL WARENOUSE ON 1�URLINGTON lVORTNERN PROPERTY SOUTH OF I�694� ,.,�, Concept approved by Council. �dditional material to be prepared and presenied to ihe Council. �ONSIDERATION �F REFUNDING BONDS rSSllED IN 1970� �,. Approval of principle concept subject to further input given: CONSII�ERATION OF I�EVE(..OPING �'URTHER CQOPER/�TION WITHANOKA COUNTY, , , � . , . � ! . , + < < � . � . . Information received and authorization given to send 7etter to County Commissinn, PAGE 5 10—�.OM 11-11C 12-12A � REGULAR h1ECTi(VG, JUNE 3, 1974 f�c�� ii'11S11�tSS �1,ONTINUtD) CONSIDERATION OF A RESOLUTION ORDERING PRELIMINARY �� PLAi�S, SP��IFICATIQNS ANU ESTIMaTES OF THE COSTS � THEREOF: WATER � SAIVITARY SEWER #115, ADDENDUM #1 AND CONSIDERATION OF A RESOLUTION RECEIYING THE PRE- """�� LIMINARY REPORT AND RECEIVING A PETITION TO WAIVE �/1 _�/ P � Y � � A PUBLIC HEARING ON THE MATTER OF THE CONSTRUCTION �� OF CERTAIN IMPROVEMENTS: WATER & SANITARY SEWER PROJECT #115, ADDENDUM �J. AND � RECEIVING PETITION t�$-1g% �EQUtSTING WATER & SEWER SERVICE CONNECTIONS IN RICE CREEK ESTATES (S�W #115, ADD�NDUM #1) AND ,,��,�p CONSIDERATION OF A RESOLUTION ORDERING IMPROVEMENT "�� (� I AND FINAL PLANS AND ORDERI�IG ADVERTISEMENT FOR BIDS: . WATER & SANITARY SEWER PROJECT #115, ADDENDUM #1 r:r►� PAGE 6 CONSIDERATION OF A RESOLUTION ORDERING IMPROVEMENT 1 �" -�/ NPPROVAL OF PLANS AND O�DERING ADVERTISEMENT FOR � ��ti i�IDS: �AT�R & SANITARY SEWtR PROJECT #115, , �DDENDUhI #l, , , , , , , . , . � , . , . . , . , . . , 13 - 13 G Resoiution #59-1974 adopted - Order�ng Pre]im�nary p7ans, etc. Resolution #60--1974 adopted - Receiving Prelim7nary Report and•Receiving Pe�ition< Petition #8-1974 received. . Resolution #61-1974 adopted -�Ordering Improvement and Final Plans & Adv, for Bids. Resoiui;ion #62-1974 adopted - Ordering Improvement, approval of P7ans and Adv. �tGULAR MEETI�lG, JUNE 3, 1974 i�EW BUS I ��iESS �CONT I NUED) (.ONSIDERATION OF A RESOLUTION REDUCING THE � STOt�M SEWER ASSESSMENT ON PARCEL ��OO, SECTION Z, ,� � FOR JTORM SEWER IMPROVEM�NT P�o�ECT #102 AND ✓� �0� � CONSIDERATION OF A RE50LUTION DIRECTIfJG PREPARA- TION OF I�EASSESSMENT ROLL FOR STORM SEWER IMPROVEMENT PROJECT I`�0, 102 AND PAGE 7 GONSIDERATION �F A RESOLUTION DIRECTING PUBLICATION OF ��HEARING ON PROPOSED I�EASSESSMENT ROLL FOR STORM SEWER _ �l IMPROVEMENT PROJECT �d0, 102 � . � � � � � � � � � . . � 14 1� � � Resoiution #63-1974 adopted -- Reducing Storm Sewer Assessment, etc. 1:esolution #64-�974 adopted - D�recting Preparation of Reassessment Roll, etc. Resalution #65-1974 adopted - Directing Publication of Hearing on Proposed, etc. CONSIDERATION OF A RESOLUTION ADOPTIfVG AN EQUAL � �� tMPLOYMENT OPPORTUNITY PROGRAM� � . � � � � � � � � � . 15 � � P,esolution #66-1974 adopted. � RECEIVING RESIGNATION -.JOYCE BENSON, WARD 2, �iUMAN �ELATI ONS ��JMMI7TEE � � � � � � � � � � � � � � , , 16 � Fteceiv�d. Also received resignation from Shirley Kenneciy from Environmental Quality Cotnmission. , ' REGULAR ME�TI(dG, JUidE 3, 1974 i��W �US I IVESS CCONT I NUED) HPPOINTM�IJTS — CITY EMPLOYEES� � � . � . � � � � � � � Npproved. Appointed ETsie K. Har�scom, Speciai Assessment C7erk, Finance Department, effective June 3, 1974, and a7so appointed Judith L. 6�elch, Clerk Typist/Accounting Clerk, Finance Department, effective June 17, 1974. . LLAIMS� � � � , , � � � � � . � � � . � � � � � � � � Apnroved. LI CENSES � , , . � � � � � � � � � � � � � . � � � . � Approved. 0 �ST I MATES � � � � � � � � � � � � � � � � � . � � � . . Approved, PAGE 8 17 � 19 20 0 REGULAR MEETING, JUNE 3, 1974 COP�MUia lCATIO(VS : PAGE 9 �FL CHAIRMAN CALDWELL: RESOLUTION OPPOSED TO A i�IATIONAL GUARD ARMORY. . . � � : � . � � � � � � , � . . ZI �eceived. �OVERNOR ANDERSON: THANK YOU FOR RECOMMENDATIONS �� Received. 22 �AYCEES CHAIRMAN YOUNG: REQUESTING LICENSES AND WAIVED FEES � � � � � � � � � � . , . � . . � � . � . � . 23 License approved, waiving fees and stipulating that the 7iquor iiability insurance be produced before license is issued, RECEIVING COMMUNICATION CONCERfJING CERTIFICATION OF GEPJERAL TELEVISION BY F. C. C.: Recieved. � AF'POiP�TP1ENT Or COUNCILMF�N S7ARlAJAL7 TO REPRESENT CITY OF FRIDLEY AT ' LEAGUE OF MUNICIPALI�fIES: Approved, ADJOUR�J: 1Za32 A.M. _ ; 234 ' ` � THE MINUTES OF THE REGULAR MEETING OF THE FRIDLEY CITY COUNCIL OF JUNE 3, 7974 � The Reguiar Meeting of the Fridley City Council of June 3, 1974 was cal7ed to order at 7:35 P.M, by M�yor lieb7. PLEDGE OF ALLEGIANCE: ' �� ' � ' Mayor Liebl led the Councii and the audience in saying the Pledge of Allegiance to the Flag. INVOCATION: Mayor Liebl cailed for several minutes of silent prayer. ROLL CALL: MEMBERS PRESENT: Councilman Utter, Councilman Nee, Counci7man Breider, Councilman Starwalt, and Mayor Liebl. MEMBERS ABSENT: None. APPROVAL OF MINUTES: SPECIAL COUNCIL MEE7ING OF APRIL 22, 1974c ' MOTION by Councilman Utter to adopt the minutes of the Specia7 Meeting of the Fridley City Council of April 22, i974 as presented if there were no additions or corrections. ; Seconded by Councilman Starwalt. Upon a voice vote, a71 voting aye, Mayor Liebl declared � the motion carried unanimously. REGULAR COUNCIL MEETING OF MAY 6, 1974: MOTION by Councilman Starwalt to adopt the minutes of the Regular Meeting of the Fridley City Council of May 6, 1974 as submitted unless there are changes or additions, Secanded by Councilman Nee. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. PUBLIC HEARING C011NCI� MEETING OF MAY 13, 1974: MOTION by Councilman Breider to adopt the minutes of the Public Hearing Meeting of the Fridley City Council of May 13, 1974, if there were no additions or corrections. Seconded by Councilman Utter. Upon a vo�ce vote, al] voting aye, Mayor Liebl declared the motion carried unanimously. ADOPTION OF AGENDA: Mayor Liebl said there would be an addition, the document concerning the approval of the certification of Genera] Television. MOTION by Councilman Breider to adopt the agenda as amended with the addition af receiving the information an the certification of General Television. Seconded by Councilman StarwaTt. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimous7y. VISITORS: MR. GLENfV �IOHANSON, 5260 BUCHANAN ST., ANTENNA PROPOSAL: � Mr. Glenn Johanson addressed the Council and questioned if there would be any action on the proposal for the location of the antenna for Midwestern Reiay and General Television. � � Mayor Liebl said notification had been sent to the affected property owners stating this would not be considered at the present meeting and the property owners would be notified when this would be discussed. Mayor Liebl read the letter ta the Council � and audience. Mr. Johanson said he had not received a copy of this letter. Mayor Liebl said Mr. Johanson would be notified in the future. � � ___ __ _ -- __ - -- � _ _ _ . _ _._ _ _ _ _ _ __ _ _.__ _ _ — _ 235 REGULAR COUNCIL MEETING OF JUNE 3, 1974 PAGE 2 MR. RICHARD HARRIS, 6200 RIVERVIEW TERRACE, ROADBED AT MI•SSISSIPPI STREET AND OSBORNE ROAD: Mr. Richard Harris addressed the Council and asked if it would be possible for the Administration to send a letter of thanks to Burlington Northern for repairing the roadbed at the Mississippi Street and Osborne Road crossing. OLD BUSINESS: CONSIDERATION OF A REQUEST-TO CONSTRUCT A GARAGE BUILDING FOR THE_APARTMENT COMPLEX The Assistant Engineer, Mr. Richard Sobiech, said the initial recommendation of the'` Subcommittee was to approve the request. Mr. Sobiech read the stipulations a5 � 'suggested by the Subco�nittee. He said he had been at the site and would not require concrete curb installation at this time because a permanent street is not installed in the area and a drainage plan should be worked out. He commented there are no plans for the improvement of the street in the near future. MOTION by Councilman Nee to concur with the recomnendation of the Building Standards Design Control Subco�nittee in their recommendation at the meeting of May 9, 1974 and grant the building permit with the stipulation that the garage exterior be made to match the apartment exterior as much as possible and that the side elevations be brought to the Council for approval, for a seven unit construction. Seconded by Councilman Utter. Upon a voice vote, all votinq aye, Mayor Liebl declared the motion carried unanimously. CONSIDERATION OF A RE UESi' FOR HOUSE TRAILER PERMIT BY TOTINO`S FINER FOODS, INC., TABLED MAY 20, 1974 : Mayor Liebl said a letter had been received from Totino's concerning this request. MOTION by Councilman 8reider to receive the letter from Totino's regarding the application for the trailer permit dated, May 30, 1974. Seconded by Councilman Utter. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. The City Manager said the Administration recommendation would be if the Council approved the permit at this time, that the applicant should be advised that this is the last extension of the permit and that the trailer is not a proper or adequate office space. He said Totino's should make provisions for permanent office space. Councilman Utter said he had talked to a gentlemen from Totino's and had been informed that Totino's has a great deal of space in the area and they are considering selling some bonds and expanding the plant in the near future. MOTIOPd by Councilman Breider to grant the trailer permit with the stipulation that adequate space be provided in the future and that this permit would be for a maximum period of one year. Seconded by Councilman Utter. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. RECEIVING THE MINUTES OF THE PLANNING COMMISSION MEETING OF MAY 22, 1974: REZOtyING REQUEST, 7.OA #74-01, HENNING_NELSON COySTRUCTION COMPA^1Y, TO REZOPIE LOTS The City Manager said the Planning Commission had recommended denial of the request with several reasons listed in their motion. He said the Council could fpllow the recommendation of the Subcommittee at this time unless the applicant wished to pursue ihe matter and call for a Public Hearing. Mayor Liebl asked if the petitioner was present and there was no response. MOTION by Councilman Nee to concur in the recommendation of the Plann.ing Commission and deny the rezoning request by Henning Nelson Construction Company to rezone lots 13, 14, 15, and 16, Block 2, Riverview Manor from R-1 to R-3 to allow for the 2�6 � � PAGE 3 REGULAR COUNCIL MEETING OF JUNE 3, 1974 � � � ' � , � � � � � � , � � construction of an apartment complex. Seconded by Councilman Utter. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimousiy. CONSIDERATION OF PRELIMINARY PLAT, P. S. #74-03, JIM LUND ESTATES, BY JIM LUND: .,�..�.. n n.-n� nr nr i nr �n nr,in ruc ninoru unl C!1C I!1T 1l 411(1TTf1R' C SuR�iVISION N0. �29 � The City Manager said the Planning Commission had recommended approvai and the action of the Council would be to set a Public Hearing. MOTION by Councilman Starwalt to set a Public Hearing for July 8, 1974 for the consideration of the Preliminary Plat P. S. #74-03, being a replat of Lot 30 and the north half of Lot 31, Auditor's Subdivision No. 129 located between Onondago Street and 73rd Avenue N. E. Seconded by Councilman Breider. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. REOUEST FOR A SPECIAL USE PERf�IIT, SP. #74-07_, CLIFFORD A. ANDERSON: PER FRIDLEY I !� The Assistant Engineer said this request was for the Conoco Station at 6385 University Avenue N. E. He further explained a booth of the building is being rented for the purpose of doing auio body work and painting. MOTION by Councilman Breider to concur with the recommendaiion of the Planning Corronission and grant approval of the Special Use permit as requested by Ciifford A. Anderson for 6385 University Avenue N. E, stipulating that this be for the period of the lease only and that no storage of cars be outside of the bui7ding. Seconded by Councilman Utter. Upon a voice vote, ail voting aye, Mayor Liebl declared the motion carried unanimously. RFni►EST FOR A SPECIAL USE PERP�IT, SP. #74-08,_MARVIN HARTSE: PER FRIDLEY CITY Mayor Liebl mentioned the recommendation of the Planning Commission was to approve this request with two stipu7ations. MOTION by Councilman Breider to concur with the recommendation of the Planning Commission and approve the Special Use Permit S. P, #74-08, as requested by Marvin Hartse to allow the construction of a second accessory building at 475 57th Place N. E. with the two stipulations recommended by the Planning Commission. Seconded by Counciiman tJtter. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carr�ed ananimously. REOUEST FOR A SPECIAL USE PERMIT, SP__#74-09, BY ANTHONY R. F30URDEAt1X: PER FRIDLE Mayor Liebl said the recommendation, of the Planning Commission was that the Gouncil approve the Specia7 Use Permit as requested by Mr. Anthony R. Bourdeaux. MOTION by Councilman Starwalt to approve the Special Use Permit as requested by Mr. Anthony R. Bourdeaux for the construction of a second accessory building at 1533 Onondaga St. N. E. with the stipulation that this building be securly anchored to a permanent foundation. Seconded by Councilman Utter. Upon a voice vote, aii vot�ng aye, Mayor Liebl declared the motion carried unanimously. RE UEST FOR A SPECIAL USE PERMIT, SP. �'74-10, BY W. RED STAPJG: PER FRIDLEY CITY C DE, SECTION 205.101> 2, N, TO AL OW TRAILERS, Ah1PERS MOQILE HOMES, (30A S, MACHINERY, SPORTING EQUIPMENT AND LIKE ENTERPP,ISES NAVIfdG ITS MERCHAfJDTSE I THE OPEN AND NOT UNDER COVr-_R OF DISPLAY SALESROOM TO BE LOCATED ON LOTS 1 AND 2 BLOCK r- r-n— �,�n=rurricnr.i onnTTrnra i nCATFfI AT 7451 EAS RIVER RO D: The City Manager said this item had been continued by the Planning Commission and there was no action necessary at the present time by the Council. '._ . . . . . .. . .. .. . .. .. . .... . . . .. . . .. . . . . ... _. . .. . ... . REGULAR COUNCIL MEETING OF JUNE 3, 1974 . .. . .. ...... . . ..... .. .. ......__..__."__"___... � - � 237. ; PAGE 4 4-07, DARREL A. FARR DEVELOPMENT CORPORATION EST FOR A LOT SPLIT, L. S. T OFF THE SOUTH 2 FEET OF BRUCK NGR7H T06JNNOUSE 3RD EST FOR A LOT SPLIT, L. S. T OFF THE SOUTN 2 FEET OF BRi1CK NORTH TOW�HOUSE 3RD N. E.. 08, DARREL , DARREL A BLOCK 4. A LOPMENT CORPORATION: 0 LOT 8, 6LOCK 4, 3 EAST BA1,�ARIAN PAS� ��OPMENT CORPORATION: � LOT 7. BLOCK 4. The City Manager said the recommendation of the Planning Commission would be to approve the request, but have the matter handled as a replat rather than lot splits. He said if the Council would concur, this would be brought back again in the form of a replat. MOTION by Councilman Starwalt to concur with the recommendation of the Planning Commission and direct the applicant, Darrel A. Farr Development Corporation that the concept is acceptable, but this should be handled as a replat rather than a lot split application, and be brought back in this form for Council consideration. Seconded by Councilman Utter. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. MOTION by Councilman Utter to concur with the recommendation of the Planning Commission and approve the Lot Split request #74-04 by Mrs. Mildred Mustonen to make another bui]ding site which will be 1579 75th Avenue N. E. Seconded by Councilman Starwalt. Upon a voice vote, all voting aye, Mayor Lieb} declared the motion carried unanimously. R IT, L. S. ES: SPLIT OFF THE NORTHEP,LY MOTION by Councilman Starwalt to concur with the recorcrnendation of the Planning Comnission and approve the Lot Split as requested by Springfield Homes for 5643 Danube Road N. E. 5econded by Councilman Utter, Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. PARKS AND RECREATION COMPREHENSIVE PLAN: The City Manager said there was no action necessary on this item. HYDE PARK STUDY: The City Manager explained the Planning Cammission is looking at the over al7 development plans of the Hyde Park area and they thought the Council may want to have a hearing on the matter. Councilman Nee said he was very encouraged by what is being done. He said it may be good at this time to get the neiyhborhood reaction before the plan is completly laid out. He explained the area people wou1d not feel any ownership of the plan i if they were not involved in the discussions. He stressed, they should have some � input before the plan is finished. He thought the plans would have a better chance ; 1__. _ . _ __ � n�� .vJ L_J � REGULAR COUNCIL MEETTNG OF JUNE 3, 1974 � � PAGE 5 of succeeding this way than if the City says, this is what we have for you. The City Manager said he had hoped the Planning Commission would hold the Public Hearing only if the Council would wish to get into this venture, the Planning Commission could hold the hearing before the item is reviewed by the Council. � The City Manager said the staff was trying to give the background to the Planning Commission and they would like some indication on which way the Counci] would like them to go on this matter at the present time. He said this is a difficult area with many property owners and some of them have very strong feelings. , � � , � � Mayor Lieb1 questioned w�hat direction this would be, and asked Counci7man t4ee to spell it out. He asked if he wanted some grand urban renewal. Councilman Nee responded he wanted it to be a workable program and there had not been any mention of neighborhood interaction, and this is what he would like to include. Mr.� Richard Harris, Member of the Planning Commission, said the Planning Commission was confused at what it should do concerning ihis matter. He said the Planning Commission did not know if they are to have a pubiic hearing on this matter. The City P1anager recalled and ex.plained this matter had come up when there was an item before the Council on 57th and this request a�as denied, He said during the discussion on the matter, there was general concensus that the whole'area should be looked at for future development and v�hat should be encouraged'.: He`further explained the staff put together some background material for the Planning Comit�ission. He said he thought it would be up to tne Planning Commission on how far they vaanted to go before having any hearings. He thought if the Planning Commission were to have the hearings, this would give the Council more input. Councilman Breider said in his mind there was a problem with the development of the area. He said the people have not come together to make the development of the area worthwhile. He recalled with the development of the telephone building, one property owner felt he was landlocked. Council+ran Breider fe7t that Counci7man Nee had a point, and the people of the area should have a chance to voice their fee7ings, He said he.wauld 7ike to see how this commercial plan would relate to the property owners. Ne said the people would have to be in a position to understand the situation and the overall plan and show them their lot lines in relation to the overall plan. He said this is a very tentative thing, and it wouid not be of too much value to have a hearing before the Planning Commission before this is done. � ', Mayor Lieb7 said five different plans had been submitted at the time of the rezoning of the area, and this was discussed for two and a half years. He saicl finally there was a plan developed which was acceptab7e to a great number of the , people. He said it was the recommendat;on of the Planning Commiss�on to concur � with the plan and rezone with certain stipu]ations. He further explained the � area has lots which are 40 feet in frontage and the stipulation was not to develop any parcel less than 200 feet in fr�ontage. He said this what the people thought was acceptable and practical at the time and the land was rezoned and they agreed to get together and develop the land for commercial use. � � � � i �_ MOTION by Councilman Nee that the Administration prepare some plans for the development of the area and call in the people of the area and have some discussion with the neighborhood to get the neighborhood plans and ideas for the overall development plan of the area. Seconded by Councilman Breider. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. REVIEW OF SECTION 2Q5. OF THE CI7Y CODE: . There was no action taken by the Planning Commission on this item. SPECIAL USE PERMIT AND VARIANCE CONSIDERATION CRITERIA FOR ADVERTISING SIGNS: Councilman Breider said he believed that all billboards are environmental concern and he questioned the possibility of having the Board of Appeals by passed and having �nly the Environmentai Quality Comtuission make recommendations to the Council for billboards. Mr. Richard Harris asked if this would be allowable by the City Charter., Councilman Breider said it may be a matter of law that this cannot be done, he i _ _ _ __ _ __ 239 REGULAR COUNCIL MEETING OF JUNE 3, 1974 PAGE 6 questioned the City Attorney on this point. 7he City Attorney suggested squaring away this point before any Council action would be taken in this direction. The City Attorney said the State Statutes preempts what the City can do in regard to the handling of variances, Mayor Liebl asked if these statutes would direct the action on recommendations of variances to the Board of Appeals at the present time. The City Attorney said he did not want to say before checking. He said the question would be if the Environmental Quality Commission cou7d ser•ve in place of the Board Appeals. MOTION by Councilman Breider to concur with the concept of having the Environmental Quality Commission handle recommendations concerning billboards and ask the City Attorney to investigate the feasibility of this proposal and report back to Council Seconded by Councilman Utter. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. MOTION by Councilman Utter to receive the minutes of the Planning Commission meeting of May 22, 1974. Seconded by Councilman Nee. Upon a voice vote, al] voting aye, Mayor Liebl declared the motion carried unanimously. RECEIVING THE MINUTES OF TNE 60ARD OF APPCALS MEETING OF MAY 28, 1974• A REQUEST FOR VARIANCES OF THE CITY OF FRIDLEY CODE AS FOLL04JS: SECTION 205.053, 4B,T5A, TO_REDUCE THE SIDE YA,RD SETBACK OP! A STREET SIUE OF A CORNER LOi' FROM 17.5 e Y The Assistant Engineer placed a plan of the area on the map for the explanation of the site. MOTION by Councilman Starwalt to concur with the recommendation of the Board of Appeals and approve both of the variances as requested by Patricia Abrams for the construction of a garage at 68$ Highway #100. Seconded by Councilman Utter. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried , unanimously. AR IANCE OF SECTION 205.053, 4D, FRIDLEY CITY CODE, TO REUUCE S 0 The Assistant Engineer explained this request as a back yard variance reduction request for the construction of an inground swimming pool. Mayor Liebl stated the Board of Appea]s had recommended approval of the request. MOTION by Councilman Starwalt to concur with the recommendation of the Board of Appeals and approve the request for the variance to allow Lhe construction of an ingrourid swimming pooi as requested by Mr. Lee Brills, 1337 Skywood Lane N. E. Seconded by Councilman Utter. Upon a roice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. A REQUEST FOR VARIANCES OF THE FRIQLEY CITY CODE_AS FOLLOWS: SECTION 205.075, 2A 2 SECTION 14, T-30. R- - ain �in��i iv. �. � rtclu�CT, I"I11VIVtJVIH. 1: Councilman Breider questioned the intent of the minutes of the Board of Appeals � asking if the variances before the Council at the present time was for the � laundry area only, or was tnere to be some consideratior. concerning the reduction ' in the parking. He pointed out that the request was to reduce the number of stalls . � _ _ _ ___ _ _. _ .__._ z4U REGULAR COUNCIL MEETING OF JUNE 3, 1974 PaGE � and the action was to reduce tne width of the sta7ls to comply with the number required. Ne questioned the City Attorney if this type of reduction is size of the stalls rather than the reduction in number of stalls would be legai. The City Manager said the laundry space as requested would be adequatp. The City Manager advised the Council that this item is also under consideration under the minutes of the Building Standards-Design Control meeting, and it could be reviewed at that time. He explained they ��ere trying to cooperate with the Wall Corporation in these matters so the construction would be able to begin soon. MOTION by Councilman Breider to approve the ta�o var�ances as requested by the Wa11 Corporation, reduction in size of the parking stalls from 10 feet to 9.2 feet and also the reduction of the laundry space from 1900 square feet to 1710 square feet. Seconded by Councilman Utter. Upon a voice vote, ail voting aye, Mayor Liebl declared the motion carried unanimously. VARIAfVCES OF 7NE FRIDLEY CITY CODE AS f REAR YARD SET3�ICK FRO(�� THE REQUIRED 25 , 70 REDUCE UFF STREET P;1RKii��G FROi�1 �d0 FEfT, �,LL i0 ALL041 TFIE COfJST�UCTION OF 4�and 5, BLCICK S, ONAt�JAY /;DDITIGh�, THE FRIDLEY, MI��'iVESOTA. REQUEST BY P4R. NA I TERRACE N. E. , FRIDLEY, MINi�lESOTA. :_ SECTION 205.134, 4C [�P►I MOTION by Councilman Breider to concur with the recommendation of the Board of Appeals and grant the variances as requested Uy Richard and Narold Harris for the construction of a warehouse i:o be 7ocated at 7780-7790 Main Street A!. E., with the stipulations as recommended by the Board. Seconded by Councilman Ut+er. Upon a voice vote, a11 votiny aye, Mayar Liebl declared the motion carried unanimous7y. MOTION by Councilman Utter to receive the minutes of the Board of Appeals meeting of May 28, 1974. Seconded by Councilman Starwalt. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimouslyo RECEIVING THE MINUTES OF THE BUILDING STAPJDARDS-DESIGN CONTROI. SUf3C0i�1MTTTEE MEETIIVG 0� MAY 28, 1974: IO�d OF A REQUEST TO CONSTRIJCT A_ NEIJ__BUILDIN R JSE APJD 0 : TH[ SA RICHARD ANU hP,ROLD HARRIS, 6'L00; 6ZIU Ill`dtt<vttw ItKKNI,t, r�ciu�cr, r�,�Y��n. Mayor Liebl stated th� Subcommittee had reconlmended approval with eight stipulations. He read the stipulations. Mr. Narris said he would like to use precast curbing because it would be impossib7e to drain the top of the buiYJiny in this area with the poured curbing unless it was constructed wi�h holes and drain tile. He added, in the winter months, the poured curbing would hold back the water and create ice. He said they would not get the drainage that was needed and there would be a build up of water in the back of the building. Ne said the precast curbing would be pinned and the purpose for this installation would be to keep the cars away from the bui7ding. The City Manager said the Engineering Staff would work with Mr. Narris for a solution to the drainage problem in the at•ea, and if there is a problem, it would be brought back to the Counci7, � Mayor Liebl asked if Mr. Narris was planning to follow the eighth stipulation which dealt with the screening of the parking area. Mr. Narris explained he did not know what would be done about the screening. He noted he did own the adjacent property. He also questioned the instal7ation of berming indicating there are � trees in �he area which are greater than three inches in diameter and cou7d not be removed for this berminy. Councilman areider said the method of screening would be a flexible thing. � � The City Manager stated the code is trying to tone down the objectionable material from being in site. He str2ssed, this area is shaping up, and this is one of the extra things that is required to coniinue this enhancing of the appearance. 2n:1 � REGULAR COUNCIL MEETING OF JUNE 3, 1974 PAGE 8 Mr. Narris assured the Council that what ever is done, he would do a good job. He explained his business to be building of concrete plants, not brick plants. Councilman Breider asked if Mr. Narris was planning on constructing other buildings in the area and Mr. Harris said yes. Councilman Breider asked if if these other buildings would be of the same type of design. Mr. Harris said this would depend on the property being used. He explained there is a difference in lot depth and this would control the design of the construction. Councilman Utter questioned if Mr, Harris is planning on taking care of the material in the other area. Mr. Harris said he planned tn hold an auction in the near future. He stated he is unable to locate the owner of the slide and would like to find the man before he just gets rid of the slide. Counci7man Nee asked if Mr. Harris would be able to obtain legal ownership of the slide because it had been in this area for a length of time. Mr. Harris said this may be possible, but he felt some obligation to the investment of the owner and would like to attempt to locate him before this means is sought. MOTION by Councilman Breider to approve the issuance of a building permit to Harold and Richard Narris for the construction of a warehouse to be 1ocaied at 7780-7790 Main Street N. E., with the eight recomsnended stipulations of the Building Standards-Design Control Subcommittee and indicating that the eighth stipulation be worked out with the Engineering Department for a satisfactory solution to the drainage problems in the area, and that the decision on whether to set poured curb or precast curbing be left up to the Engineeing Department. Seconded by Councilman Utter. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. RECONSIDERATION OF A REQUEST TO CO�JSTRUCT AN APARTh1ENT COMPLEX: LOCATED ON THE S011IH 698 FEET OF TNE P:ORTH 1066 FEET UF THE WEST 3f35 FEET OF THE EAST HALF OF HE NOR1"HL-AST QUARTER OF TNE SOUTN4dCST UARTER OF SECTION 14 T-30 R-24• THE SAME BEING 6451 5TF{ STR£ET fdORTHEAST, FRIDLEY, rnir�r�jESOTA. REQUESl' BY l9ALL CORPORATION, 8220 PdOP.i�iAf�DALE P.�AD, 6LOOi•lIPdGTON, PIINNESOTA. WALL IS COMING BACK FOR APPRUVAL OF A NEGJ SITE PLAN : Mayor Liebl read the nine stipulations as listed in the minutes of the Building Standards-Design Control Subcommittee meeting. Councilman Breider asked what material the garages would be made of and Mr. Dante addressed the Council and said this would be the same material as the re�t of the complex, stucco. Mr. Dante pointed out the location ofi the swirrming pool, bridge to the second deck, putting range, and accessory building for the recreation area. He exp7ained the access from the garage areas to the apartment comp7ex building. Councilman Breider asked if the inside apartments would have patios to the court yard area and Mr. Dante said there would be no patios or balconies. Mr. Dante said there would be some access from the party rooms to this area. Mayor Liebl asked how large the swimming pool would be and Mr. Dante said this would be 20 feet by 4U feet. He further explained there would be no diving board because this is considered a risk and a dangerous addition. He said the depth of the pool would be from 8 to 10 feet. The City Manager said the Administration feels the plan being presented is a good plan and would 1ike the project to get going, He said the si:aff recommendation would be that the Council approve the plan with the stipulations 1isted by the Building Standards-Design Ccntrol Subcommittee. FEe commented, this would complete the requirements of the City as far as variances and plan approval. Mr. Dante addressed the Council and said there are nine stipulations in the minutes of the Subcommittee. He said he would like to go through the stipulations one by one to make their position a part of the record. Mayor Liebl referred to the first stipulation concerning the installation of the tennis courts and said he said he would like Mr. Dante's assurance that this would be done as efficiently as possible. Mr. Dante said he would like to bypass the first stipu7ation at the present time and come back to this after discussion on the remaining eight. � � � � � � � I � �� REGULAR COUNCIL MEETING OF JUNE 3, 1974 PAGE 9 Mr. Dante went on to the second st9pulation regarding the presentation of a tandscape plan to the Subcommittee before finalization of the development. P!r. Dante said this had been prepared and accepted by the Subcommittee. ' The third stipu7ation, stating the lighting plan for the complex be submitted to the Subcomnittee had also been completed he said. Mr. Dante continued stating the fourth stipulation which said a drainage plan would be used as set up by theCity of Fridley, wouid be agreeable. Ne further stated, if there are any questions or additions to this portion of the stipulation, he would like to know. He went on to the fifth stipulation which said if a future storm sewer system is needed to orain the area adeo,uately, Wall Corporation wou]d pay their fair share. He said Wall Corporation had agreed to this. He added, they defin-itely would pay their fair share, whatever fair share is encumbant on them, this would be their responsibility. The sixth stipulation concerning the parking stall sizes had been taken care of by reducing the size of the �ndoor stall sizes as required by the Board of Appeals ' and accepLed by the Council. The next stipu7ation, number seven, stated that screened garbage areas will � � provide for f9re truck access. Mr. Dante explained this had been 7aid out to ! accomodate the CIty of Frid'ley Fire Marshall. He said the areas are totally screened with three walls and a roof. � �� ;_J � I I u � � Mr. Dante west on to the eight stipulation that parking will be 5 feet off of the garage, senaration made by a poured concrete curb, six inches by 78 inches, and that the area between the curb and the buildii�g will have a 7oi� maintenance material. He explained the plan foi° the building had been changed and this stipulation was no longer applicable because there would be no parking ��p to ihe garages. He said this was originally stipulated to keep the cars from damaging the building, but a7i of the parking would be in the open area, not facing the garages. He said they did not want to take the chance of damaging any part of the curbing and by redesigning> the stipulation would no longer apply. He also stated, there would be no need for the insta�llation of the low maintenance material up against the building. Councilman Utter asked if there would be some type of curbing separating the building from the parking area. Mr. Dante said there would be some type of planting or foliage. Mr. Dante continued stating the ninth stipulation read that there will be planting used as a buffer on the south side of f;he complex to provide comp]ete screening from the R-1 property. Me explained tivhen he arrived in Minnesota from California, he was pleased with the type of landscaping with the absence of fencing. He explained the view from the R-1 area into the pond�ng area of the complex would be a pleasant one, and he doubled if those who tri17 reside 9n this area would like this type of screening. Councilman litter asked if there would be some type of berming of the parking area. �r. Dante said this plan is in the landscape plan and the Wall Corporatian would have to make the area pleasing to sell the R-1 property to a residentiai developer. � Mayor Liebl stated Mr. Dante did not agree to the stipulations numbered eight and nine. Mr. DanLe said since the change in design of the compiex, they no 7onger app7y. Mayor Liebl said there would have to be some reeeing and Mr. Dante agreed. He said this would apply to the tree lots only. • Councilman Starwalt questioned Mr. Dante on his feelings concerning the first stipulation, the installation of the tennis courts. Mr. Dante asked when this had come up, he added, Wall Corporation was unaware of this type of requirement; The City Manager'explained that the provision for funding for park is a requirement � of the City Code; and Wail Corporation had received many variances to construct �, the complex. He said this requirement would be 10% of the land value in the com�+, and this should be a total amount of $20,Q00. The City Manager explained that at � a 1 ,, . ;- �.�Y,� REGULAR COUNCIL MEETING OF JIfNE 3, 1974 PAGE 10 the last meeting of the Council, this item was discussed by the Council and the Council took action that the $20,000 park fee for b1a11 Corporation be reduced to $8,000, and that two tennis courts be provided for the R-3 area. He said Wall Corporation would have the choice of providing the $20,000 to the park fund, or paying $II,000 and installing two tennis courst. He added, the only question would be the provision of the park fee, not who uses the property. The City Manager said he felt this had been a reasonable compromise. Mayor Liebl asked Mr. Dante if he wou1d provide the tennis courts for the apartment users and Mr. Dante said yes. Mayor Liebl asked if the swimming pool would be for the apartmeni users and Mr. Dante said yes. Mayor Liebl said in order to develop this property, the surface water would have to be taken care of to allow this to be developable property. I�layor Liebl continued, the 4da11 Corporation said they wou7d assuine this responsibility. He said he did noi know the cost of the ponding facility or the recreational area and asked what kind of money was being talked about in this type of installation, Mr. Dante said there would be �125,000 to $150,000 spent in the area for ponding. He said he had received an estimate fram Carlson and LaVine that the cost of the tennis court vrould be from $9,000 to $10,��0 each. He said the swimming pool without the building for the swinmino pool would run $15,000. This would be a pool equipment building and would be in the area of from $7,000 to $8,000. He said there would be some expense for thepu�cting green and this would not include the ]andscaping of the eniire complex area. He said this would be $185,000 to $2�0,000 without the landscaping. He said this would be another $25,000 to �30,000. Mr. Dante said this vJOUId be an investment of from $210,000 to �230,000 or a quarter of a million dollars. He continued stating money is costing 18%. Councilman Starwalt recalled at the previous meetings of the Counci7, there was discussion on whe�:h�r or not th� open areas would be available to the people outside of the complex and whether or not there arould be passageways created through the area for access. He added, at that time, Wa71 Carporation was against the installation of the walkways stating the park like area would be reserved for the apartment tenants, He said now, there is a different story. Mr. Dante commented that this is not a different story. He read from the minutes of the December 10, 1973 Counci7 meeting WIl1CI7 concerned the item. He said five single family lots had been taken from the plat to allow for the open space for the complex. He said at this time, there was a question of who would maintain the area and take on the liability for this area. He said the Wall Corporation is maintaining the area and also responsibility for the liability. He further stated, the plan for the residential lots had been with the depth of 180 feet and the City had determined they should be 120 feet deep. Mr, Dante said this area would not be fenced off by the 4lall Corporation, they wanted to keep the view for the single family property owners. He added, this will be a very desirable location. Mr. Dar.te questioned where the trade off would be if the original expenditure would have been $20,00o for the park fees and now he would have to pay $8,000 to parks and install another $20,�00 in tennis courts. The City Maiiager said he thought this entire question hUd been resolved, He stated the park fee was quoted for the residential lots and this is according to ordinance. Mr. Dante explained the method of figuring the park fee to c�rrive at the $8,050, which had been done by t�ir. Darrel Clark, Commumity Development �r�istrator, and came to 35¢ per square foot. He said his concern would be s�� the $8,000 for the park fee and at the same time spending the $20,000 for tf ��is courts. He said ' Wa11 Corporation cannot go along with this. He stated tt°�:, ;��ld have to pay 3 to 3'2 points over the prime interest rate which is at l�"; ,.. "�lz% per annum � and this area cannot support this type of development. The City Manager said if Wall Corporation did not want to put in the tennis courts, they could pay tlie City $20,000. ' Mr. Dante referred to a letter received by Wall Corporation an May 24 which indicated there would be additional changes �n the hard shell for the plat which would be an , , � 24� � ' . REGULAR COUNCIL MEE7ING OF JUNE 3, 1974 � PAGE 11 additional expendature of $4,000 for Wall Corporation. He said there was a meeting � with the City on May i0, 1974 and none of the changes had been made at this time and the Engineer had prepared the final hardshell. He said when the City later came up with changes, it had cost the Wall Corporation �4,000 to make these changes. � �� J i � The City Manager said there had been many communications sent to the Wall Corporation and they had been trying to get this done for two years. Ne said he would not want to get into this type of discussion at this time, he would like some agreement reached for settlement of this matter so Wa11 Corporation couid get going on construction. Mayor Liebl said he felt the Council was responsible to see that recreational facilities are provided in the R-3 area. Mr. Dante said he would �ut in the tennis courts, the putting green, the swimming pool, the storm sewer system, the lighting and the poriding area, but they did not want to pay the $8,000 for ihe R-1 area. MOTION by Counci7man Breider that the building permit be approved based on the nine stipulations as recommended by the Quilding Standards-Design Control Sub- committee and changing the first stipulation ia read that one tennis caurt be provided in the R-3 area Far the 144 unit apartrnents and that $8,000 for the : R-1 area be paid for the park fund fee for total expenditure of approximately , $20,000. Seconded by Councilman Utter. Councilman Breider said the other deve7opers tht°oughout the City had paid 10% and if it were not for this, there may not be a Comrnons Park or a Meadovdlands ', Park. Ne stated Mr. Dante had given the Council a forceful argument, but the Wa11 Corporation had be�n altowed to bui7d the 144 units because the R-7 area had been credited for the density. He said the b!a]7 Corporation would have to be treated in the same way as the other deve]opers in the City and this is the intent of his motion. The City Attorney said the motion should state the pai°k fee is ma�le in lieu of � property donation and the money would be put in the general fund. � I � � � � Mr. Dante said the progress of the development had come to the point where they were ready i:o go ahead with the exception of this one concern. He said he would lil<e to see this concern resolved and then 4Ja11 Corporation cou7d get started ��ithin a month. He said they ti•aould not Ue back for any more variances, this would be tl�eir final appearance at the City Counc97. UPON A ROLI CALL VOTE, Mayor Liebl voting nay, Councilman Utter voting nay, Councilman Nee voting a,ye, Gouncilman 6reider voting aye, and Councilman Starwalt voting nay, Mayor Lieb] declared the moti�n FAILED THRL-E TO TWO. MOTION by Councilman Utter to require the Wall Corporation to install two tennis courts for the 144 unit apartment bui7ding ard reduce the $B4OOQ park fee to $4,Q00 in lieu of the R-1 contribution of iand to parks, antl issue the bui7ding per•mit with the other eight stipulations. Seconcied by Counci7man Starwalt for clarification. Councilman Starwalt asked if the contribution, $20,000, had included the R-1 area. Cauncilman Breider said yes, it had been based on the entire area. Councilman Starwalt said if he had known this, he would have supported Councilman Breider's motion. � Councilman Breider said the fair amount under the ordinances of the City would be $20,436. Councilman areider said he,_would not vote in favor of the motion made by Councilman Utter. Fle said he had never worked so hard to•get something for an apartment complex. ' Ne said when the other builders in the City build such � a complex, they come in and their plans inciude such items. He said the only item the Council had not gone after was the putting green. Ne said �f this motion was approved, the City would be giving the Wall Corporation two tennis courts for their complex in lieu of the park payment. �� Councilman Breider said he feared the next deve7oper would come to the City and be required to put $20,000 into parks and put in a swiimning pool and the City will deduct this from the park fee, He said this could include additional items REGULAR COUNCIL MEETING OF JUNE 3, 1974 � PAGE l2 and more could be deducted. He recalled at the last meeting, there had been a tradeoff with Wall and the park fee was reduced to $8,000 if they would put in two tennis courts. _ UPON A ROLL CALL VOTE, Mayor Liebl voting aye, Councilrian Utter voting aye, Councilman Nee voting nay, Councilman Breider voting nay, and Councilman Sta n�alt voting nay, Mayor Liebl declared the P-10TION FAILED THREE TO TWO. MOTION by Councilman Breider that the building permit be approved based on the nine stipulations as recommended by the Building Standards-Design Control Subcommittee and changing the first stipulation to read that one tennis court be provided in the R-3 at°ea for the 144 unit apartment complex and that $8,050 be provided for the R-1 area for park f�e in lieu of a land contribution for a tatal expenditure by the Glall Corporation of appr°oximately $20,000. Seconded by Councilman Starwalt. Upon a roll ca11 vote, Counciiman Utter voting aye, Councilman Nee voting aye, Councilman Qt°eider voting aye, Councilman Starwalt voting aye, and Nlayor Liebl voting nay, Mayor Liebl declared the motion carried four ta one, CONSIDERATION OF A REQUEST TO ALLO!d REMODF.LING OF THE BUILDING TO BE USED AS A COi`�VENIENCE STOi:[ Ai�D GASOLINE S;LES: LOCATED Gi� BLOCK 10. FlUDI70P.'S SUBDIVI MOTION by Counci�man iVee to concur with the Building Standards-Design Control Subcornmittee and grant the building permit with the t�vo suggested stipulations. Seconded by Councilrnan Breider. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanin�ously. SIDERaTION OF A REQJ[ST TO CQ�dSTRUCT A NEI�d �UILDING TO BE USED AS A MACHINF S �RD STi�E s , r� �� >.: MOTIOP� by Counci7man Qi°eider to approve the request to construct a new bui7ding to be used as a machine shop with o�fice area by Percy E. Talor of Talco, Inc. at 7835 P�iaie7 Sireet Northeast witE� the five siipulations of the Qui7ding Standards Design Control Subcor�;mittee. Upon a voice vote, all voting aye, Mayor Lieb1 declared the motion carried unaniroously, CONSIDERATION OF A RE�UEST TO COPJSTRUCT A BI�ILDING FOR SALT S70RAGE: LOCATED ��_ ------- ON TH't FA�T SIDL- OF 7tfE (�1IS" f�SIP�PI IZIVER Ah!D SOUTH OF I-694, !iIUH�dAY RIGt{T- OF-blAY RE:QUEST BY MI��lNESO�' �'�TaHI�dAY G�PAR7N1tNT DISTRICT 5, 2055 �ORTH LILAC DRIVE, GOLDEIJ VALLEY, MIPI;;�.-�� THIS BUILDING HA,D ��EN QEFO2E THE BOARD 0(V MAY 9, 1974, THE BUILDIP;G DESI�'�� ,CEfd CNAfVGED: Mayor Lieb] read the five r: .ed stipulations to the Council and audience. Mr. Joel Y.atx, Assistant DTa sce Engineer, Minnesota Highvaay Department addressed the Council and s, e Highway Department could not go along with the fifth stipulation, "Counci'i . up an agreement t�rith the Mirnesota Highway Departmerrt stating either th�:y provide an area for milti-recreational use to provide an access to an area of such use." He said this area is designated as a controlled access area due to the heavy traffic with the various highway intersections in the vicinity. Councilman Nee asked if the PCA had been contacted concerning this area being in the flood plain. The City Manager said this area is above the flood plain. Mr. Katz said ii is in the area designated as the 500 year flood area. P10TION by Councilman Nee to concur a�ith the recommendation of the Building Standards Design Control Subcommittee and approve the request to build a salt storage area with stipulations 1, 2, 3, 4, and 6. Seconded by Councilman Breider. Upon a vaice vote, all voting aye, Mayor Lieb7 declared the motion carried unanimously. CONSIDERAT TNE PARKING f_QT LAYOUT: 1.00ATEO ON E MOiTOPJ by Councilman Starwalt to approve the request for the parking lot 1ayout as requested by Spartan-At1antic at 5351 Central Avenue N. E. Seconded by Councilman Utter. � r 2� ii � � � > i � � REGULAR COUNCIL MEETING OF JUNE 3, 1974 PAGE 13 Councilman Starwalt asked if the third stipulation had been complied with. A representative of Spartan-Atlantic addressed the Council and said a revised plan had been submitted and he agreed with all of the stipulations. The City Manager stated the stipulation in the Building Standards-Design Control Subcommittee minutes, #2, which dealt with the widih of the driveway should be changed from 25 feet to 40 feet. Mayor Liebl asked if a plan for the remodeling of the building would be presented, The representative said the new tenant of the building would be subm�tting the plan. Councilman StarG,aalt asked if the area would be cleaned up. The representative thanked the City for their patience with the condition of the bui7ding and said this would be done as soon as practical. UPOfJ A VOICE VOTE, all voting aye, Mayor Lieb7 declared the motion carried unanimously. �MOTION by Councilman Nee to receive the minutes of the Building Standards-Design Control Subcommittee meei:ing of May 2�, 1974. Seconded by Councilman Breider. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimous]y. APPROVAL OF JOIPJT EXERCISE OF PO��ERS AGREEh1fN7 WITH ANOKA COUNTY REGARDING REIhiBURSEM[NT FOR JUi`� AUT�S: Mayor Liebl said he believed that the agreeinent should be submitted for review to Shorty's Uecause he is the man Vdi10 has to do the work. j MOTION by Counci]man Utter to table the item and submit th� information to � , Shorty's far review and ask that the Public S�fety Director, h1r. James Hi11, provide addii:�onal information. Seconded by Counci7man Breider. Upon a voice , vote, all voting aye, Mayor Liebl declared the ijiotion carried unanimousTy. � � � � � i � � APPROVAL OF EXCLUSIVE RENTAL COfdTRACT - 3710 EAST RIVER R06�D (LIQUOR STORE #2): The City Manager called on the Finance Director to present the information and explain the total cosi; of the existing lease to the Council. The Finance Director said the tota7 cost of the lease from July 1, 1974 would be $14,500 which a�ould would be payable to George Nicklow. He said this lease is $50Q a month. Ne said it t;ould be possible to sublease the area to a third party and obtain some of the funding back. Ne said there is also a parcel of 7and that could Ue traded for payment of this lease which h�d been suggested by f+lr. Nicklow. Ne said it vaould also be possible to reduce the amount of rent and ]ei the property owner sublease �t. P;r. Brunsell sa�id if the area is subleased, he believed the City shouid do this. Mr. Brunsell said he would recommend the Council try to lease the space for the period of 60 days. MOTION by Counciman Nee ta au*horize the execution of the rental contract with Calhoun Realty for the period of 60 days. Seconded by Councilrnan Breider. Upon a voice vote, all voting aye, Mayor Lieb7 dec]ared the motion carried unanimously. RECFIVING PETITIOfV �9-1974 - REQUESTING "NO PARKING" SIGNS 0�� CHANNEL ROAD FROM ...__.�_....�....t ,-�r.,.-r�r �rn ('cri� n�rr'r.��IC. MOTION by Councilman Star�valt to receive petition �9-1974 requesting "No Parking" signs on Channel Road from Mississippi Street to 66th Avenue. Seconded by Councilman Utter. Upon a voice vote, a7] voting aye, Mayor Liebl declared the motion carried unanimously. ' Mr. Charles 3ohnson, 6530 Channel Road, addressed the Council and said the primary reason for requesting the "No Parking" signs was a matter of safety. He explained ' there are many young adults living and visiting through the center portion of the roadway and these young people speed up the street and hit top speed right in front of the apartment complex. He explained the 15 to 20 unit apartment is being 'i rented by many people with young chiTdren and there is no playground facilities ' for them, so they play in the street and in and out of the parked cars in front i_ _ ___ . _ _._ _ _. - _ � i f i f . .: i, �t i - REGULAR COUNCIL MEETING Of JUNE 3, 1974 PAGE 14 of the apartment buildings. He said this parking is on both sides of the street. He said this parking is on.both sides of the street. He said the children from the apartment buildings use the driveways on the west side of the street to ride their bikes in and these drives are sloped sharply to the street and the children cannot stop if a car WdS coming. He further explained that the cars cannot see the children coming out of the driveways because of the cars being parked on both sides of the street. Mr. Johnsan feared someone would 9et killed in this area if something is not done. He said another reason for this request is because the cars park in front of the mail boxes and the mail carrier is unable to get into the boxes. He also said tF� people from the apartments use the driveways of the people on the 4aest to turn around in. Mr. Johnson said he is tired of picking up garbage that has been thrown there by the apartment tenants and guests. Ms. Joyce Ames, Manager of the apartment, addressed the Council and said there is a severe handicap in the amount of parking for the apartments. She explained there is only one parking stall per unit and many of the people residing there have tv,�o cars. Councilman Starwalt said he had talked to the manayer of the building and advised her to contact the residents of the buildings and stress the importance of not infringing on tne residential property owners. He agreed there is a problem with the amount of parking available at the apartments. Counciman Star�valt said if the apartment tenants would just park on their ovdn side of the street, this would be an aid in this situation. He suggested giving them a period of 30 days to sha�e up the situation. He said he would be reluctant to put up the no parking sinns, this would allow for an increase in the sp��eding problems. Ms. Ames said there is 22 units in the building and only 22 parking spaces. She further stated there �vould be no place for the guests of the apartment tenants to park if the signs were installed. She said they pick up the garbage and try to keep the area clean. Mr. Roy Soone, 6564 Channel Road, said the single fainily residents on the street are willing to have the no parking signs installed on buth sides of the street because tl�ey believe they have drive�,vays sufficient to handle their own parking. MOTION by Councilman Starvlait to allow a 30 day trial period to deterinine if the problems could be taken care of, and after or before this, if there is still a problem, the no parking signs would be placed on the west side of the street ar.' absolutely enforced. Seconded by Councilman Utter. M• '-�nson ad.dressed the Council and said it could be determined within the { ° or a few days. He said if the apat°cment residents would use the parking ;.tead of the street, there would prol�ably not be any problems. Fle added, not seen the parking lot used to 60% capacity since moving to thE area. �;:';::; A VOICE VOTE, Counciman Starwlat, h9ayar Liebl, Councilman Utter and Counci7man Nee voting aye, a.nd Councilrian Breider voting nay, Mayor Liebl dec7ared the motion carried four to one. CONSIDERATIOtd OF APPROVAL OF SHARING FRIDL[Y'S FIRE FREQUENCY 41ITH COLUMfiIA HEIGHTS: MOTION by Councilman Utter to receive the letter from Chief Fran Bassett, Chief, Columbia Heights Fire D?partment, date:! March 22, 1974 and also the letter from Malcolm 0. btatson, City f�lanager, Columbia Heights, dated May 28, 1974 and concur in the request. Seconded by Councilman Starwalt. Upon a voice vote, all voting aye, Mayor Liebl declared the ination carred unanimously. CONSID[RATION OF_PR[LIMTh1ARY APPRGVAL FOR ISSUANCE OF INDUSTRTAL REVENUE BONDS RN Mr. Dave Olson, representative of Burlington Northern addressed the Council and passed out information concerning the development of the property on the proposal. Mr. Olson introduced Mr. John Cairns, Counsel for Hi-Mount, Inc „ stating Mr. Darrel a. Johnson 6VdS not available fior the present meetirg, so Mr. Cairns wou)d be making the presentation. Mr. Olson alsa introduced Mr. Tom Moore, representative of the underwriter, and Mr, L John Pohle and Mr. Paul L. Pohle sole owners of �� , �� F �i . i k I � ;� � � LJ ' � � � � �_ � ;� r � � � 2��' � I � � � � � � � i REGULAR COUNCIL MEETING OF �UNE 3, 1974 PAGE 15 Hi-Mount Inc. He pointed out that the Pohles also own all the stock of Pohle Saies, Inc., distributors of Schlitz, Old Milwaukee, and Lowenbraue beers with offices on St. Anthony Bou7evard in Minneapolis. Mayor Liebl stated the procedure of the issuance of industrial revenue bonds has been established by the Legislature to help promo�Ce industria7 growth in cities. Mayor Liebl said he had thoroughly read the materia7 presented by the Ni-Mount group and stated th� zoning of the proposed property is correct for this type of usaqe and ihere would be no probiem in this respect. ' Mayor Liebl said the industrial revenue bonds had never been used for deve)opment in the City of Fridley, all of the developmeni is privately financed. Mayor Liebl asked how lona the Hi-P�1ount Company had been in existance. P4r. Paui Pohle said it U��as formed iii �iarch to bring in a franchise for Olympia Qeer. He said the company is solely owned by his brether and himself. He explained the ownership of the other Company, Po171e Sales, Inc., and explained it was physically iinpossible to do a good jo1� of operaiing the company at the same plant. He explained with this type oi operation, it is n�cessary to establish a location on the r�ail. He said this uperati�n is currer�tly being operuted in Brooklyn Center and this is in a buildfng tnat had a shdrt �ern� 7ease. Ne further explained the new facility va�uid have to be ebtained by Octaber because the building r�o�-� being used in not heated and the producc �•aouid freeze if ieft any lon�er than chis. He explained this to be w�he reason for sucPi short notice to the C�i�y on �his consideration. Mr. Pohle also er,plained they had originaily pianned tc+ construct an addition to the�ir exist�irig fa.cility. Ne said �f�� contraci:or had been seiected, but the elevations n;ade th� proposal unaccep�able. Fie said the Frid1ey property was found afiter this. Mr. Pau] Poh7e said he would like to obta.in ccnceptual appr°aval of the �roposal from the Cou��cil with authoriiy being givea; to some person sa the Canipany tvould not have to wait unti7 the nex� month for this determination. CouncTlman Brei�er asked the amaui�t of th� net worth of Ni-T"ount. Nr. Paul Pohle said he could not teli tne Council tlTis at this pvint, Hu exp]a�ncd tha.t the operation is growing so rapidly, it tti�ouid not be possible to state an amount. Mr. John Ca-irns addressed the Council and explained the underwriter had based the concerr on the sales of the Pohle Saies Com;�any. He said in this case the City would only hold the lease, there �ti�ould be no admin-istra�ive maintenance. Mr. Cairns presert2d a brief history of this type of furding and stated ic was estab7ished in 1967 and there had been 109 issues af such bends, six of them 9n St. Pa��l v�ith only one failure thusfar. He stated this type of funding would provide a reduced interest rat;e for the Cornpany. Fie continued, his pre�er�tation emphasizing the poir�t that this +,�o�7d provide the City ��rith a met{iod of assisting ir�dustrial grotvth withota� any exposure to t��e project. He stressed the paint that the City v.ould not have any financial c>utpuf, nor U�ould they have any 7iability if the Conipany failed, this is a ler,al noint in this type of issuance. He siated, this wili not be the City's last request, there is a great deal of interest in this type of finaf�cing. 7he Finance Director said if the City would iike to employ a third pari:y to research this proposal, t}iere a�ould be no expense to the City. H2 said the City would not have any financial responsibility, the only connection there v�ould be is that the bonds would say "The City of Fridley" on them, The City ,4ttorney stated he ��tould work with thp Attorney for Hi-Mount and the 8onding Company, and if he felt it would be necessary to obtain the services of an attorney that specializes in bonds, he knew of severai in the area and would call on thenl for aid. The City Attorney agreed with the statement of Mr. Cairns that there is no obligation on the City's part. He said the insurance company would take care of the administrative iasks such as the making of the payments. He mentioned he had not examined the policy. Councilman Nee questioned to what extent is the proposed construction going to be convertable to another type of business besides a beer company. Mr. Dave Olson responded that there would be no problem with this type of property on the rails. i ; i REGULAR COUNCIL MEETING OF ,IUNE 3, 1974 PAGE 16 2�� Councilman Starwalt questioned if there had been any cost relationships set up. Mr. Cairns sai.d this would be researched by the underwriter., Mr. Cairns exp1ained the methods used in the appraisal of this type of property with no construction in relation to a property with improvements. Mr. Cairns continued his presentation asking the Council for approval of the concept at the present meeting so the parties involved could get together and work toward the construction of tne facility. He said final approval would not be gi��en by this conceptual approval, this ��lould have to be don2 by the authorizing of signatures on the various documents. He said thisrrould be done after the City Attorney ancl City Manage�° have revie��;ed the papers. Councilman Nee asked the City Manager 4dhen he had found out about this proposal. The Gity Pianager said he had taiked to these gentlemen a couple of tirnes. He referred to pending acticn on fiscal disparity and said this �aould a11ow for only 60% of the tax base if this case ��as �vor. He continued to poini out that there are advantages and disadvantages in this type of fundiny by industrial revenue Uonds. MOTION by Councilman Nee to advise the applicant the City of fridley is in agreement with the principle, I�ut his does not represent final approval. Councilr;an �ee said there seemed to be risks and pros and cons and stated he would like to determine the effect of th�is type of proposal over a long period of time, D1r. Cairns said if the concept were approved, it would be possible to ohtain final approval vaithin 45 days. Counci7man f�ee questionec4 if this develapment would require the City uf Fridley to provici� ac!citional utility facilities to this area. The City f•1anager said there would be ti�e r,eed of addii;ional facilii;ies. SECOPdDED BY Counci7an Utter. Mr. Cairns said he would be back the follo�,�ing Monday evening v,�ith additional infcrmation on the prorosal and he would talk to the City Manager and City Attorney the folloti�ting day coi�cerring this pt°opcsal. UPON A VOICE 1�QTE, all vot�ng aye, Ma�ror Liebl declared the motion carried unar,imously. (idOTE: Councilman Utter was excused at this time becaus� af a family emergency.) CONSIDERATIG�d OF RFFUhJGIPJG BOiJDS ISSUEG IN 1970: Mr. Sea�r Sv;anson, representative of Eh1ers and Assosciates addressed the Council and explained this would concern the Zmprovernent Bonds of 1970. He said it is possible i:o obtain advance reiunding boncs �vhich would b� at a rate of interest which would be '1 to 3J4,� lower ihan those previously mentioned. Ne said the current market rate 1s 6.77�. Mr. Stmanson continued to explain there are two methods available to the City with this type of proposal. One method, he said would be over a short period of time with the savings of $78,9°6.25, ancl the other over a lonyer period ofi time tivith a projected savin�s or �137,646.2�. He further explained most cities prefer the shorter term because of ihe expectatiori of the decrease in the value over the longer period of time. Mr. Swanson said the seller of the U. S. government securities v,roul� establish a i:rust account and will underwrite the cost of the refunding. He stated there would be no cost to the City. He also pointed out that the City would hold all options to stop at any point, and this would be without cost. He said the City would eni:er into a contract with the seller of the U. S. securities and Ehlers and Associates on1y. Mr. Swans�n said he would like to have tf�e Council consider the concept and the approach. The City Manager reca7led this had been done before by the City. The Finance Director said this had been done in 1965. . i _ _ __ _ _ _. � �J� � . � � � � � REGULAR COUNCIL MEETING OF JUNE 3, 1974 PAGE 17 Mr. Swanson explained that the last time this was done by the City, the City had paid the fees, now, it would be the responsibility of the trustee to do this. He said this would also take the administrative processes concerning the bonds out of the Finance Director's office and tiiis is given to the trustee also. Mayor Liebl asked Mr. S�ranson to prepare a summary of the pros and cons of the proposal for the Counci7 consideration the fo7lowing Monday evening. MOTIOtJ by Councilman Starwait to approve this pronosa7 for advance refunding bonds in principie concept subjeci to further innut at the next meeting of the Council from Mr. Swanson and also the Finance Director. Seconded by Councilman t�ee. tJpon a voice vote, all voting aye, h1ayor Liebl declared the motion carried unanimousiy. CONSID[�RRTION OF DE�tELQ°ING FURTHER C00°ERATION WITri ANO1W COUNTY: The City Pianager revievred the cooperative program be�ing developed with School District �14 and said he wou]ci like to have this iype of cooperation ii� a program t�rith the County enabling ihe citizenry of rridley to gain the most from their tax dollars. I MOTIOtJ by Counci]man Breider to rec�ive the letter �•aritten by �Che City Manager to the County Corrs�issio�� ar�d autho�ize sending ih� ]e�.t:er io the CGU11�)� Commission. Seconded by Councii��an Starwal�c. L'po� a vaice vote, all vatiny aye, I�i�yor Lieb7 decla.red thc motion car�i�d unanin�ously. � RESOLUTION f`59 � 197�'. �`�DEhTNG PnELT�'��TNP,RY PLP.NS, SPf�CIFICl�.T�IOfdS AhiLl ES7Ii�i�`TES OF THL' COS�S Tr� ;;EJ� :' AT1i2 �: S/�T;iiA� `r �Li�;cF� 7� IJ� /'L.��; iPJi� 'r''1: � M07IOPd by Counci]man 6reiaer to adopt Resolutia�� 59-1974 orderin� preliininary plans � ' specifications and estin?ates of tl�e cos�s thereof: t�a.ter ard Sanitary Sewer Improve;��errt Project, ��IiS, ,4.ddend��m �;;1. Seconded by Councfman S�arwal�, Upon a voice vote, all voting aye, f�layor Liebl declared �he motion carried unanim�usly. I, � � � � OLUTION �6Q-197q. � REr�TUING THE PRELI __ ________ __ _ _ . _� __ ��E al PUELIC HEAkIP�.� O��J T�,� P4ATTLI� r�F 7 EC[IUIP�G � PEITION TO C�RTr`,I'f�� Ii�ii'ROVEh1E617'S: RECEIVIE�G PkTITIO(d �H--I974 - REQUE�TIi��a l�!�,TER A(e�D SFI�tER SEP,VlCL- CO;�PdECTIQNS IN RICE CR�Ei: ESiF,(ES C� 4�; tt115, AL � r'DU:'�1 wl : �" _ _ �. . _� �.. __ ~�_ —) MOTIO;V by Counc�]man Ureider to rece�ve Petiticn +`�-1974 requesting water and sewer servzce connections in Rice Creek Estates (!a"ater and Sanitary Sewer Improvement Project #115, Addendui�i �i). Seconded by Councilman Stari��alt. Upon a voice vote, ali voting aye, P1ayor Liebl declared �he motion cai°E�ie;i unanimously. �61 1974- C�RDERING. IMPR�UEMENT RND FI�,AL P(_ANS AND SPECIFICFTIQNS MOTIOtJ by Counciman �reider to adopt Resolution �67•-1974 ordering improvement and final plans and speciFications ar�d est�imates of t17e costs thereoz: 4�later Sanitary Se�rver Improve�nent Project #i'115, Addendum ,�i. Seconded by Councilman Starwalt. Upon a voice vate, all voting aye, P��ayor Liebl declared the motion carried unanimously. RESQLUTION a1F,2-1474 - ORDERIPdG IP�PROVE"�1Etdi, /�PPRDUFIL OF PLAIvS ArdD ORDERING ADVERTISE- MEf�T�FO�t BIDS: 'vJ11TEft 1',i10 SAfdITARY SE�IER It�1°f;OVEi�i[i1T PROJECT ��715, AU17EPdDUNi�-" MOTION by Councilman 6reider to adopt Resolution #62-1974, ordering improvement , approva7 of plans and ordering advertisement for bids: 4;ater and Sanitary Se�ver Project iE775, Addendum #7. Seconded by Counciltnan Starwalt. Upon a voice vote, a1i voting aye, Mayor Liebl deciared the motion ca�°ried unanimously. � � RESOLUTIOfd �`63-i974 - REDUCING iHE STORf�1 SE41ER ASSESShiENT ON PARCEL 3700, SECTION 2, FOR STORI'+l SEWER IMPRUVFi�iEidT PRpJ[CT ;f102: MOTION by Cou��cilman Breider to adopt Rzsolution #63-1974, reducing the storm sewer assessinent on Parcel 3700, Sect9en 2, for storm sewer improvem�nt Project #102. Seconded by Councilman Nee. Upcn a vo�ce vote, a71 voting aye, Mayor Liebl decTared the motion carried unanimous7y. � i._. . _ . .._... ... . . ....... ....... . ........ ....... _ .. . . _......- . ._...._. . . ._.. ... . . . . _. . _...__ .__..__" "___. _._...... ( REGULAR COUP�CIL MEETING OF JUNE 3, 1974 - :l � :.�is._ , , � , PA6E 18 , RE50LUTION �64-1974 - DIRECTING PREPARATION OF REASSESSMENT ROLL FOR STORM SEWER IMPROVEDIEN7 PRuJtCT N0. 102: MOTION by Counciln�an Breider to adopt Resolution �f64-1974, directing preparation of reassessment roll for Storm Sewer Improvement Project No. 102. Seconded by Council- man Nee. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimous]y. RESOLUTION #65-1974 - DIRECTING I'U3LICATION OF HEARIPJG ON PROPOSED REASSESSP+IENT ROLL FOR STORh1 SEt�<'ER 1f�;PRQVEhiEPlT PRUJ!�CT N0. 102: � MOTIOiJ by Councilman Lreider to adopt Resolution ;�65-1974, directing the publication of hearing on proposed reassessment roll for Storm Sewer Improvement Projec� No. 102. Secor,ded by Cauncilman Nee. Upon a voice vote, all,voting aye, Mayor Liebl declared the motion carried unanimously. RESOLUTIUf� #66-1414�ADOPTIf�G AN Ei(�L EMPLOYI�iEfVT OPPORTUPIITY PROGRA�1: hlOTION by Councilman Breider to adopt Resoluti�n n66-1974, a.dop�ting an equal employ- m?�t opportunity program. Secondec� by Caunci7m�i� Starvaali. Upon a voice vote, all voiing aye, Niayor Liebl declared ti�e i��otien cari°ied unanii,iously. RECEIVIPlG RESIGP��TIOi�dS - JOYCE [3Ef��lSOi�_ !:'RRD 2yNUMA�I RELATIQNS COMi�ITTEE: RND SNI(:LrY KEf�f<:=.(?Y, Litl� I,`�'Cf;�iki�TAL CkUf`,1.1 i'�` COs'i��IISSIOed: � MOTIGN by Councilri,an Starwalt to rec�ive the resi�natians fro��Pis. Joyce Benson, froin the Human Relations COIT;!111L�� ancl also f�°oin Shirley Kenneuy, Environmeni:al Quality Ccmi�issic��. Seconded by Cauncilman Breider. Upon a voice vote, all voting aye, f�1ayor Licbl declared the ir�otion carried unanimously. APPOIIdTf�ECyTS: CITY E14�iPL0YEES: �p��E POSITION SALhRY L-FFECTIVE DATi REPLACES Elsie Hanscom 6000 Stin�on B1vd Fridley, �inn. Special Assessn7en�t $550 Clerk per Finance Departnient month Jun� 3, 1974 Sue Coyle Judith t. u!alch Clerk Typistj $49B June 17, 1974 Debborah 144 Longfello:�� N. E. Accounting Cle�r°k pe�, Hurni Fridley, t�linn. Finance Department monch NOTIO(d by Councilman Breid2r to ap,�oint Elsie Y.. Hanscom, Special Assessment Clerk in the Ficco��4r�ting Depart�r�ent ai�d ��udi�h L. WalcV�, Clerk 7ypist/Accounting G1erk, Fina��ce Departnicr,t, effective Jun�. 3 and June 17, 1974 respectiveiy. Seconded by Councilir�an Star�;�alt. Upon a voice vote, all vo�ing aye, Mayor Liebl dec7ared the motion carried unanimously. CLAIMS: GENEftAL LTQU�R 35795 - 35868 8925 - 8933 MOTION by Councilman Breider to a�prove the c]aims. Seconded by Councilman Nee. Upon a voice vote, all voting aye, Playor Liebl declared the motiori carried unanimously. LICEPlSES: EXCAVATING: Waalen & Sabby, Inc. 90£32 Polk Street P!. E. Minneapolis, Minn. 55434 E3Y James Waalen GENERAL CONTRACTOR: Qill's Plillwork Wi7liam N�rton 4 Walnut Street Savage, Minnesota 5537i3 APPf20VED 8Y C. I3elis7e C. BelisZe 1 `' � I� � � � � � � � �� ,'� � '� 1� � REGULAR COUNCIL P7EETING OF JUNE 3, ]974 GENERAL CONTRACTORS CONTINU[D: BY Ernie's Repair and Remodeling Co. Ernie Mith�n 605 59th Avenue North Minneapolis, Minnesota 55430 Richard Hastings Co. Richard Hastings 6331 Riverview Tarrace N. E. Fridley, Minnesota 55432 Sheehy Construction Company J. L. Truckcr Box 3570 St. Paul, Minnesota 55165 HEATING: Modern Fleating & Air Conditioning, Inc. 2318 First Street N. E. Richard Peausse Minneapolis, P✓�inn. 5541II Temparai:ure Control, Inc. Har7and Por�Cer 819 Hubhard Avenuz St. Paul, h1irn. 55104 MASG''�Y: Concrete Curb Cc;mpany G, Strasburg Route 1 Savage, Minn. 5537� PUBLIC SWIMf�1ING PQCi!_S: � AT: Timotl�y M. Eide 6680 Lucia Lar,e Drovers Bank Bui�id�ng So. St. Paul, Minn, 55075 Haroid D. Morro�,N 543Q 7th Street Cty. Tk. f�1M�, Rt, 4, Box 28 River Falls, 4disconsin 54Q?2 PAGE 19 APPROVED 8Y C. Be7isle C. Belisie C. Belisle W. Sandin 4d. Sandin C. Be7isle S. Olsari S. O7son Rustic Oaks 1200 72nd P,venu� N. E. S. 07son 12Q0 72nd Rvenue N. E. • Fr9dl�y, M�innesoi,a 55432 J& J P�lanageni�nt 1050 5?r�d Averue 6507 Camden Avenue f�. 6raoklyn Center, f�lirn. EMPLOYEE DISPEfdST��i;: BY Niaruin L. Gatch Ground Raunc! 4434 Port7and Aveiiue Minneapolis, Minn. 55407 Kathryn E. Gray Grour,d Round 4907 h9adison Street Dean 4!. Palm Ground Round 4921 4th Sireet Laurel R. Powers Ground Round 9724 3rd Street Minneapolis, Mirin. 55434 Deb�rah A. Raymond Ground Round 12QC 72nd Avenue f1303 Jacquelyn R. SchG•�artzwald Ground Round 537 Rice Creek Terrace S. Olson APPROVED QY FEE Public Safety $5.00 Director Public Safety Director Public Safety Director Public Safety Director Public Safety Director Public Safety Director � $5.00 $5. $5.00 $5.00 $5.00 REGULAR COUi�1CIL MEETING OF JUNE 3, 1974 FOOD ESTABLISNMENT: FMC Corporatian 48th & Marshall Street Pappy's Foods 7879 Beech Street Stav's Superette 6483 University Avenue VENDING IiACHINE: Body Shoppe Sauna 6379 University Avenue Day Company 500 73rd Avenue Downing Qox 5851 East River Road f��1C Corpe'ration 48th & Y�iarsliall Precisiori Sheet Metal 5250 Maii�i Street CIGARETTF: Day Compan}� 500 73rd �ver��;e Downing Box 5851 East River Road FMC Corporation 48th & f�iarshall Streei. Precisii�n Sf�eet D9eta1 5250 Main Street Stav's Superette 6433 University Avenue OFF SALE BEER: Stav's Surerette 6483 University Avenue GUN CLUB: FMC Corporation 4Hth & MdY'shall LIVESTOCK - �E�+I Leonard A. Moore, Jr. 8301 Riverview Terrace SUNDAY LTQUOR: Shorewood Inn 6161 Nighway 65 BILLIAPiiS - NEW: Ole Piper Inn 620 Osborne Road BY Canteen Corporation Jack F. lJoods Rob�rt Stavanau PAGE 20 APPROVED BY Health Inspector Health Inspecior Health Inspector Shirley Cipham Health Inspector ARA �aod Services Co. Nealth Inspeci.or ARA Food Services Co. Nealth Inspector Cantcen Com;:ai�y of Health Iiispector f�linrrso�a, Inc. ARA Fooci Service Co. HEalth Inspector ARA F?o�a S��vices Co. Public Safety Director ARA Food Services Co. Public Safety Director Cante�n Cr��pany of Public Safiety Mim�esoia, Inc. Director ARA Foo�f Services Co. Public Safety Director Robert S�:ava.nau Public Safety Dircctor Robert �tavanau William A. Nicklow�� Ben�on Candy & Tobacco Co. _ _ , � �� FEE $25.00 25.00 25.00 15.00 90.00 85.00 605.00 45.00 12.00 12.00 72.00 12.00 12.00 Public Safety 15.00 D�irector Public Safety 3.00 Direc�:or Health Inspector Public Safety Director Public Safety Directar 5.00 200.00 25.00 , � i � , ��J� � + � � � ' REGULAR COUNCIL MEETING OF JUNE 3, 1974 PAGE 21 MOTION by Councilman Breider to approve and grant the licenses listed previously. Seconded by Counci7iran Nee. lJpon a voice vote, all votin.g aye, Mayor Lieb] declared the motion carried unanimously. ES7IMATES: H & S Asphalt Con;pany 5400 Industry Avenue N. W. Anoka, Minnesota 55303 PARTIAL Estimate �il 1974-1 Street Iniprovement Project $56,958.09 1974-2 St�°eet Improvement Project $21,�!60.14 �78, 4�48. 23' I� A. J. Chromy Construction Compary 5051 West 215th S�treet � Lakeville, Minnesota 55044 and i Western Casualty & Sure�y Ccmpany � PARTIAL Esiim�.te ; 6 for Sa.ni ta.i�y Set�er, I�!ater and Storm Sewer im��rav�men� F'roaect ��;oe 1i4 $ 78,448.23 $ 10,253.70 MOTIGN by Cou��cilrr�ar� 8reider to apprr�ve the es�T�r,ates. Secor�ded by Councilman , NeE. UpoE-� a voice vote, ail voi;�ing aye, Mayor Licbl declared the metion carrieci unar��mo;�sly, � CC`M��iUlViCATIOiVS: � DFI.. G}lATRh1,�i;d CA)_DIaJFf_�: RESOLll��IO�d OPPOSED TQ A�'l1il0Pil;L CU�RD A�;;�1CRY: —.. ..�__________..__.__._..___�.___ ______.,..�__�_______._y _____ MOTIO��! by Councilrrar� Breider ta rece:ve th� corr�municat9on frc�� UFL Chairman, � Caldvaeli, regarcing �;he resolution oppased to a nGi;ian�l c�uard Arm:�ry, daved May ?8, ; 1974. Seconded by� Counc,il�i�an idE:e, llpor a voice vt��e, at7 votirig �.yc, Ma.yor Liebl '� declared the motion carriecf unar;imausly. �� GO1�EP.fdOR ANDERSC��d: ThAP!!< YOU � FOR REC0��9M�flDnT�G�vS: ___ ___________�_.__��__._.._.Y_.___.__.^_ '�, MOTION t�y Councilman ['sreid4r to rec�?ve i.he cor;tnunication fro;n Governor Anderson� regarding thank you ic;r cemn!arica.i;icn, dated P�ay 22, 197�. Sec�r;ded 'ay Counci]man , Star°waTl:, Upon a voice vo�e, a1"I voti��g aye, P�iayor Li�bl declUi°ed the motion carried unanimously. JAYCE�S CE,!!iRPiAPd 1'Ol1;�G: REQUESTI�G LICE�lSES �ii�D l�dP,IVED FcFS: MOTION by Council!nan Plee ta issu� the licei7s��s, waive the fees witi7 the stipulation tf�at the lfquar ��i.-,hilit.y ie7surance be producea be:�`ote the 7icenses are issued. Seconded by Coun�:=�'�r:�an �reider� Upc�r a voice vote, all voting aye, Mayor Lie�l dec7ared the n�otion carried �,manimous7y. RECEIVIl�G THE INFQRMATI01�' COR'CEF�Pl1fVS CERTIFICI�TIQN QF GENERi�L 7'ELEVISTON BY F. C. G.: MOTIO�J by CUUnci7man 6reider to receive the centmunication concerning the CertTfication of General Television by the Federal Communications Commission adopted f�1ay 22, 1974 and released May 29, 7974. SecondeJ by Counci]inan Starwali:. Upon a voice vate, all voting aye, Mayor Liebl declared the motion carried unanir;c�;sly. APPOIf�Tf�1�NT OF COUNCILN,IN STAR!�!f�LT TO R[PRES�NT CI�CY OF FRIDLEY AT LFAGUE OF NIINNESOTA P4UNICIPALTTIES� JUNE 6, 1974 f1FETING: MOTION by Councilman Nee to appoint Counciln�an Starwalt as the City of Fridley represenUative at the June 6, 1974 meeting of the f+linnesota League of t�lunicipalities. Seconded by Councilman Qreider. Upon a voice vote, all voting uye, Mayor Liebl decl�red the motion carried unanimously. AD�OURPlh1ENT: MOTION by Councilman Starwlat to adjourn the meeting. Seconded by CounciTman Nee. - ! � � - — - _ _ _ � � c�� • REGULAR COUNCIL MEETING OF JUNE 3, 1974 PAGE 22 I Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously and the Regular Meeting of the Fridley City Council of June 3, 1974 adjourned at 12:32 A. M. Respectfully submitted, �� l.�,�;z,t ,L n-r,c� .�-�u�_� Patricia Ranstrom Secretary to the City Council DATE APPRO��EU � Frank G. Liebl Mayor _ _ ___ I � FRIDLEY CITj' COUNCIL MEETING , PLEASE SIGN NAME ADDRESS AND ITEM NUMBER INTERESTED IN DAT�:%--- 7 ' �� - ,/� - AME ADDRESS � r� ___ITEM_NtJMBER ____ __________ ________________________ �===G -______-__-__-______=_-_________-- -----------� ° �� "/1.. �-�2 �� (��-�E�i� �� '�_. -� �� 79- � � � i�i� `�. �' / /LI �/� ri !�� I � ,�� ' �� "i�T� I- `"�' � ► -� .�. .S-.��s -=� � ' (� G? �� S �i .�'` �</ �^ �� /� , ui�, �r-�` �� ;cJ�C.0 `�� , ��-lc� 6� �((.�.,1 � �� . � �- 8` - �,�= - �-�-= � ----� 3=3�! � -� �� ,"L� Y--� ____—� ��..� . . . / �� r � FRI�LEY CITY COUNCIL — REGULAR MEETING — JUNE 3, 1974 — 7:30 P,M, PLEDGt OF ALL�GIAIVCE: I iVVOCAT I OiV : I�OL� CALL; APP�OVAL UF ��1 I i�UTES : SPECIAL MEETING, APRIL 22, 1974 �EGULAR ��EETING, �'�AY 6, 1974 iUBLI C HEAR I NG �`�EET I NG, MAY 13, 1974 �1UOPTIOid OF AGENi�A: UISiTORS: CONSIDERATION OF ITEMS IVOT ON AGENDA - 15 MINUTES KEGULAR (�IEETIiVG, JUi�E 3, 1974 ULD �USIiVESS; PAGE 2 CONSIDERATION OF A REQUEST TO CONSTRUCT A GARAGE � i�UILliING FQR THE APARTMENT COMPLEX LOCATED QN LoT 18, BL'OCK Z�, IiYDE PARK ADD I T I ON � THE SAME BE I f�G IO5 - SSTH AVENUE I�. E� REQUEST BY R� �� BAUMAN CTABLED � MaY 20, 1974) , . , . , . � , , � , , , , , , , , , , , . 1 - 1 A � I,ONSIDERATION OF A REQUEST FOR HOUSE TRAI!ER PERMIT BY TOTIiVOfS FINER FQODS, INC� iTABLED MAY ZO, 1974)� .� 0 iVEW BUS I iVESS : (�ECEIVING THE MINUTES OF THE PLANNING COMMISSION IY�EETING OF MAY 22, 1974� , � . , � . � � � � � � � � •� � a � 3-3U REGULAR (�IEETIiVG, JUiVE 3, 1974 (VtW 1��$�iVESS i�ONTINUED) RECEIVING THE ��IINUTES OF THE BOARD OF APPEALS �EET I NG OF MAY Z8, 1974 � � � � � . � � � � � � . � � � � PAGE 3 4-4J I�ECE I V I NG THE M I NUTES OF THE Bt1 I LD I NG `STANDARDS - 1�ESIGN �ONTROL �EETI(�G OF MAY 2$, 1974� . � � � � , , , , 5 - 5 G /�PPROVAL OF �OINT EXERCISE OF PawERS AGREEMENT WITH ANOKA COUNTY REGARDING REIMBURSEMENT FOR �UNKED AUTOS� �� 6- 6 D m REGULAR MEETIf�G, JUfdE 3, 1974 IVEW �USIIVESS CCONTINUED) APPROVAL OF EXCLUSIVE RENTAL CONTRAGT — 3710 EAS-r RIVER ROAD CLIQUQR STORE t�2)� � � � � � . . . � • � � • PAGE 4 7-7C RECEIVI(VG PETITION #9-19%4 REQUESTING "NO PARKINGrr SIGNS ON CMAIdNEL ROAD FROM MISSISSIPPI STREET TO b6TH AVENUE � � � � � � � � . . � � � � . � � � � � . . � g - g F COI�SIDERA7ION OF APPROVAL OF SNARING FRIDLEY�S FIRE F.REQUENCY WITH COLUMBIA HEIGHTS� � � • � � < < � � • , � i � � �: � � f�EGULAR MEETIi�G, JUNE 3, 1974 I��W i�US I(VESS �CONT I NUED) CONSIDERATION OF PRELIMINARY APPROVAL FOR ISSUANCE OF INDUSTRIAL REVENUE BONDS IN THE AMOUNT OF �SOO,O�O FOR BUILDING AN INDUSTRIAL WAREHOUSE ON �URLINGTON lVORTHERN PROPERTY SOUTH OF I.G94� ..... �ONSIDERATIaN OF REFUNDING BONDS ISSUED irv 1970� ��. CONSIVERATION OF �EVELOPING FURTH�R C�OPERATION WITH ANOKA COUNTY� � � � � • � < < • � � � � � � � � � PAGE 5 10 - 10 �M 11-11C 12-12A , � ' ' ' ' ' ' , � , ' ' ' � - ' � ' REGULAR h1ECTI(dG, JUNE 3, 1974 ldc� ii�S11V�SS iI.ONTINU�D) CONSIDERATION OF A RESOLtJTION ORDERING PRELIMINARY i�LAi�S, SP�� I F I CAT I Oi�IS A�IU EST I M�1TES OF THE COSTS THEREOF: WATER � SANITARY SEWER #115, ADDENDUM #1 AND CONSIDERATION OF A RESOLUTION RECEIVING THE PR�-. LIMINARY REPORT AND RECEIVING A PETITION TO WAIVE , A PUBLIC HEARING ON THE MATTER OF THE CONSTRt1CTI0N OF CERTAIN IMPROVEMENTS: WATER & SANITARY SEWER PROJECT #115, ADDENDUM �l AND RECEIVING PETITIOtJ t�S-197o REQUtSTING WATER & SEWER SERVICE CONNECTIONS IN RICE CREEK ESTATES (S�W �.�IS, ADDENDUM #1) AND CONSIDERATION OF A RESOLUTION ORDERING IMPROVEMENT AND FINAL PLANS AND ORDERING ADVERTISEMENT FOR BIDS: WATER & SANITARY SEWER PROJECT #11�, ADDENDUM #1 AND PAG E 6 CONSIi�ERATION OF A RESOLUTION ORDERING IMPRQVEMENT NPPROVAL. OF PLANS AND ORDERING ADVERTISEMENT FOR � � Y�IDS: l�AT�R & SANITARY �Ev�tR PRO��c-r �115, �DDENDUhI #l, , , , . , , � . . , , , , , , . . . � . . 13 — 13 G ;:,.�; �EGULAR MEETING, JUNE 3, 1974 {�IEW BUS I �VESS �CONT I NUED) �ONSIDERATION OF A RESOLUTION REDUCING THE STORM SEWER ASSESSMENT ON PARCEL �%l�O, SECTION Z, FOR JTORM SEWER IMPROVEMENT PROJECT �102 AND CONSIDERATION OF A RE�OLUTION DIRECTING PREPARA- TION OF t�EASSESSMENT ROLL FOR STORM SEWER IMPROVEMENT PROJECT i�0. IOZ AND CONSIDERATION OF A RESOLUTION DIRECTING PUBLICATION OF NEARING ON PROP�SED 1�EASSESSMENT ROLL FOR STORM SEWER jMPROVEMEf�T PROJECT ��0, 102 � . � � . . � � � � � � � � CONSIDERATION OF A RESOLUTIQN ADOPTING AN EQUAL • tMPLOYMENT OPPORTUNITY PROGRAM� � � � � � � � � * � � . PAGE 7 14 - l4 F 15 RECETVING RESIGNATION - �OYCE BENSON, WARD 2,. titJMAN RELATIONS �OMMITTEE. , � � � � � � � � � � � � . . 16 ' {�EGlJLAR I�E�TIIdG, JUi�E 3, 1974 PAGE 8 � I�EW i�US I IVESS �CONT I NUED) • II � � � . HPPOINTM�I�TS - CITY EMPLOYEES� � � � � � . . � � � � . 17 � , . � ' ' �LAIMS � � � . � � . , . � � . � � � � � . � � � � � � Ig � � ' ' � L10E1`1S�CJ � � i � � � � � � � � � � � � � � � � r � � t �� r � . � . �ST I MAT ES � � � � � � � � , � � � . � . � . � . . < < � ZO , � � ' � . ' . ' ' - REGULAR MEETING, Jt1NE 3, 1974 CUP�MUi� ICAT I ONS : PAGE 9 �FL CHAIRMAN CALDWELL: RESOLUTION OPPOSED TO A IVATI ONAL GUARD ARMORY � � � � � � � � . . � � � � � � � � 21 GOVERNOR ANDERSON: THANK YOU FOR RECOMMENDATIONS ��. 2Z �AYCEES CHAIRMAN YOUNG: REQUESTING LICENSES AND WAIVED FEES � . � � . � � . � . . . � � � � . . � . � � . Z3 ; � � ; . . ' • . . - � .1 � , THE MINUTES OF THE SPECIAL MEETING OF THE FRIDLEY CITY COUNCIL OF APRIL �22�. 197� � � � . ;.,. . . :. , . ;� � � , �: .. . � ;_ r� � .:; ; ;a � ' �� ' � � u � ' � ' � I' � � � � ' � , 172 THE MINUTES OF THE SPECIAL MEETING OF THE FRIDLEY CITY COUNCIL OF APRIL 22, 1974 The Special Meeting of the Fridley City Council was called to order at 5:30 P. M., April 22, 1974 by Mayor Liebl. ROLL CALL: MEMBERS PRESENT NEW BUSINESS: Councilman Starwalt, Councilman Utter, Councilman Nee, CounciTman Breider, Mayor Liebl 12ECEIVIIVG REPORT ON MEETING WITH CABLE TELEVISION LICENSE BUREAU OF tHE FEDERAL CUMMUiVICATIONS COMMISSION IN WASHINGTON, D.C.: Councilman Breider reported that they met in the office of the Cable Television License Bureau of the Federai Communications Ccmmission in Washington, D. C. at 9:00 A.M „ on Ap�il 18, 1974. Those present representing the City of Fridley were Counc�7man ��ee and Councilman Breider; Mr. Dean Caldwell represented the Fridley CATV Commission; Mr. Robert Hinkley represented General Television, Inc.; and Mr. Robert McDonnel represented the Minnesota Cable Commission. Those present representing the Federal Communications Commission were Acting Chief David Kinley, Mr. Stephen Effros and Mr. Gary Hansen, Attorney. Mrs. Kin7ey had to leave the meeting at 9:30 A.M. for same other appoiniment and the discussion continued with Mr. Hansen and Mr. Effros. The City presented the material for justification of the $25,000 franchise fee and 5% of gross subscriber revenues to cover the City's costs. Mr. Nee said the background data and material prepared by the City for presenting its case was quite well documented and the indications they got from the FCC were that there wili be no problem getting the 59� fee approved by them. � Mr. Breider said.that Mr. Nansen brought out four sections of the City's cable television ordinance which they felt were inconsistent with the present rules of the FCC, and they suggested the City write some kind of letter indicating they would not enforce these rules until FCC rules were changed in the future to permit such enforcement. A general discussion foilowed, and there was a concensus that at the present time these sections of the ordinance wauld have very little effect. Following are the feelings of the FGC on these four sections of the ordinance: 405.225 Cablecastinq Rates for all Educational, Library, Governmental and Non-Profit Community Organization Users. The FCC said that production costs, cablecasting rates and signaT sending rates, sfiouid not be subject to the City's approval, but a]1 subscriber fees could be subject to their approval. 405.251 Additional Services, The FCG said this is under the jurisdiction of the FCC, and the City should not impose approval requirements, but the City can have this information from the company just for informa�ionai purposes. 405.253 Services to be Provided bv the Company: 405.253(1) The FCC said that companies will have a difficulty filling the channels furnished to public functions, so we should not have any problem in not enforcing this, especially in the initial stages. ' 405.253(3) The FCC said the City cannot impose such restrictions as the channels have to be ]eased on a first come, first served basis. Mr. Nee indicated that if we can submit a letter to that effect, the indication was given that the certification should be forthcoming in the next two to ti�ree weeks, which eertainly would be a very fast action seeing the tempo of the opera- tion in Washington. ' � 1 � � 3 i � � .: ;. � ; 1 i ; i t � F � � t f � � 1 . � � 173 SPECIAL COUNCIL MEETING OF APRIL 22, 1974 PA6E 2 MOTION by Councilman Starwalt, seconded by Councilman Utter, to authorize the Mayor to send a letter that the City wili not enforce the above listed sections of the CATV ordinance until the Federal Communications Commission rules are changed in the future to a-llow such enforcement. Upon a voice vote, all votinq ave, Mavor , ' � , � ' � , • . � THE MINUTES OF THE REGULAR MEETING OF THE FRIDLEY CITY COUNCIL OF MPIY 6, 1974 � . , - � . . . . �� ' � � � � . � . �. . � � � , � . . � � � . I � . �_ . � i�� THE MINUTES OF THE RE6ULAR MEETING OF THE CITY COUNCIL OF MAY 6, 1974 The regular meeting of the Fridley City Council of May 6, 1974 was called to order at 7:30 P.M. by Mayor Liebl. _ PLEDGE OF ALLEGIANCE: Mayor Liebl led the Council and the audience in saying the Pledge of Allegiance to the Flag. IIVVOCATION: The Invocation was offered by Mayor Liebl. RULL CALL: , MEMBERS PRESENT: Councilman Breider, Councilman Starwalt, Mayor Liebl, � Councilman Utter and Councilman Nee . MEMBERS ABSENT: None PRESENTATION OF AWARDS: CERTIFICATES OF APPRECIATION - AMERICAN FIELD SERVICE STUDENTS . JILL JALLAIS JUERGEN GERHAEUSSER JAVIER TARIFA Mayor Liebl called the American Field Service Students forward to receive their awards. Mayor Liebl read the three Certificates of Appreciation aloud and presented them to the students. He also presented each of the students with a Key to the City of Fridley to be presented.to each of their respective Mayor's upon returning to their homes. ' APPRUVAL OF MINUTES: I REGULAR MEETIN6 OF APRIL 1, 1974: • MOTION by Councilman Utter to adopt the minutes of the Regular Meeting of the Fridley I City Council as presented if no other member of the Couneil had any addi'tions or corrections. Seconded by Councilmarr Starwalt. Upon a voice vote, all voting aye, ' Mayor Liebl declared the motion carried unanimously. ' PUBLIC HEARIN6 MEETING OF APRIL 8, 1974: II MOTION by Councilman Starwalt to adopt the minutes of the Public Hearing Meeting of >. ' April 8, 1974 as presented if there are no additions or corrections. Secot�ded by Councilman Nee. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. � , VISITORS: . BURLINGTON NORTHERN TRUCK TRAFFIC ON 49th AVENUE: EXPRESSED BY MAYOR LTEBL: Mayor Lieb1 said he had received three calls concerning the constarit truck traffic on 49th Avenue. He said he believed some of the traffic could be directed to the other available routes in the area. Mayor Liebl suggested the administration send a letter to Burlington Northern requesting that the traffic be shifted around so there would be a relief from the constant traffic and noise for the people on 49th. MOTION by Councilman Nee to request in writing that Burlington Northern direct some of the truck traffie to the other available routes in the area and not use 49th exclusively. Seconded by Councilman Utter. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. .. � � � � II � i � � � � � � � � � � . i � � � 175 REGULAR COUNCIL MEETING OF MAY 6, 1974 PAGE 2 MR. OTTO TAUER, 5866 2ND STREET N.E., REQUEST FOR EIGHT FOOT FENCING ABUTTING PARK: Mayor Lieb1 said this request was on 2nd Street N. E., and the request had been before the Council�on two other occasions. He further explained Mr. Tauer had taken the City to court concerning the City's reluctance to install the eight foot fence and rather planned to install a four foot fence. . Mayor Liebl said he had visited the area and he believed there was a definite problem and in his opinion this had been created by the City installing the toddler park adjacent to the Tauer property. Mr. Otto Tauer addressed the Council and said he would like the eight foot fencing installed from the alley to the front of the apartment building which would be about 90 feet., Mr. Tauer said he would also like the City to install a night light and also a better garbage can in the park. He said with the can presentTy being used, the wind blows the papers all over the neighborhood. • MOTION by Councilman Nee to construct an eight foot fence according to the plan which had been submitted to the Council in their agenda at the time of the previous consideration of the item with the City paying the additional expenses for this eight foot fence. Seconded by Councilman Utter. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimousiy. PARKING ON OLD CENTRAL IN AREA Of MOORE LAKE PARK AND BEACH: Mayor Liebl asked if Mr. Chuck Ross was present at the meeting. 7here was no response. He said the concern expressed by Mr. Ross is a parking problem in the area of Moore Lake where the area residents had petitioned many years ago for no parking signs. MR.6ARY BARKER, 5800 3RD STREET N.E.: REQUEST FOR REVIEW Of MATERIAL ON MOTOR BIKE: �i � � Mr. Barker addressed the Council and said he was in the process of trying to determine if the product he is marketing must have a license to be operated. He explained his equipment to be a small engine which would sit on a regular bicycle. Mayor Lieb1 said this is a iegal problem and he would forward the material to the administration for their review. RESOLUTION N0. 49-1975, RECOMMENDING APPOINTMENTS TO THE METROPOLITAN COUNCIL AND THE METROPOLITAN WASTE CONTR L COMMISSION TABLED JANUARY 15, 974 : Mayor Liebl recornnended Mr. Andrew Kohlan be recommended for appointment in District #13. Councilman Nee said he would like to recommend Mr. Dean Caldwell. . MOTION by Councilman Nee to adopt Resolution #49-1974 and recommend Mr. Andrew Koh�an and Mr. Dean Ca]dwell for appointment in District #13; reeommend Mr. Joe Craig for appointment to the'Waste Control Commission; and Mr. Bruce Nawkocki for reappointment to the Metropolitan Transit Commission. Seconded by Councilman Starwalt. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. RECEIVING THE MINUTES OF THE PLANNING COMMISSION MEETING OF APRIL 17, 1974: Mayor Liebl said there was no action necessary at this time on this item. ING REOUEST. ZOA #74-01. HFNNING N COMPANY: TO REZONE ALLOW CONSTRUCTION OF A 24 UNIT APARTMENT COMPLEX, TO [3E LOCATED SOUTH OF 71ST WAY AND WEST OF EAST RIVER ROAD: Mayor Liebl said this had been continued at the Planning Commission leve] and there was no action necessary by the Council at the present time. � � � � � , � � � �� i � � � 176 0 REGULAR COUNCIL MEETING OF MAY 6, 1974 PA6E 3 The City Manager said the only problem in the request is that there is a need for some easements on the Nartheast corner of the property. He said the staff would work with the gentleman for satisfactory so]ution to the problem. MOTION by Councilman Nee to concur with the Planning Commission recommendation and approve the request for a special use permit as requested by Mr. Charles M. Nara to allow the construction of a second accessory building at 5180 Buchanan Street N. E. with the stipulation that the applicant and the City staff work nut some satisfactory solution for the easements in the northeast corner of the property. Seconded by Councilman Utter. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. PRESENTATION OF PRELIMINARY PLAiVS fOR THE FRIDLEY BRANCH LIBRARY: TO BE LOCATED AT THE CORNER OF 5TH STREET AND MISSISSIPPI STREET N.E., THE SAME BEING 410 MISSISSIPPI STREET N.E. The City Manager said this item could be taken care of in the Building Standards Qesign Control section of the Council Agenda. A SPECIAL USE PERMIT, SP.�74-05, STEWART C. WRIGHT, JR: OR HIGH PERFORMANCE ENGINES, P�R FRIDLEY CITY CODE. SEC .E.. The City Manager said the property should be kept free of any disposable material and if this material is stored outside it would have to be screened. He said there should be no outside storage of property. He explained this to be on the site just north of City Hall. Councilman Breider asked which location the business would be conducted under. The Assistant Engineer said this would be und2r the Champion Auto Store. The City Manager voiced concern because of the work being done on high powered engines at the location and asked if the noise could be kept d4wn. He said he wouid not want this business to disiurb the other businesses in the area. MOTION by Councilman Breider to concur with the recommendations of the Planning Commission and grant approval of the Special Use permit with the two stipula- tions recommended. Seconded by Councilman Utter. Upon a voice vote, ail voting aye, Mayor Liebl dec7ared the motion carried unanimously. DISCUSSION WITH CHAIRMAN OF ENVIRONMENTAL QUALITY COMMISSION: Mayor Liebl said this discussion should be received by the Council. TRtE ORDINANCE: This information was received by the Council. SECOiVD ANNUAL CONFERENCE OF INNOVATIONS IN GOVERNMENT: This item was received by the City Council. COUNTY ROADS: - This item was received by the City Council. VARIANCES AND SPECIAL USE PERMITS FQR BILLBOARDS: The material in this discussion was received. MOTION by Councilman Breider to receive the minutes of the Planning Comnission Meeting of April 17, 1974. Seconded by Councilman Utter. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. � �> � I� � �. � � l__! � � � � 1 � � � � � li7 REGULAR COUNCIL MEETING OF MAY 6, 1974 RECEIVING THE MINUTES OF THE BOARD Of APPEALS MEETING OF APRIL 23, 1974: PAGE 4 The City Manager pointed out that there had been a petition received from property owners of the adjoining property, and they had requested the � variances be denied. MOTION by Councilman Utter to receive Petition #5-1974 from _the property owners in oppositiQn to a variance for Lot l, 81ock 2, Oak Grove Addition to Fridley Park (6694 Fridley Street N. E.). Seconded by Councilman Breider. Upon a voice vote, all voting aye, Mayor Liebl declared the motion c:arried. Mayor Liebl said he, Councilman Starwait and Councilman Utter had visited the property in question the past Saturday. He reca1led the Council had taken action on the request to vacate the street easement the past year and this action failed because the Council would have needed a four/fifths vote for vacation of the street easement and the Council vote three to two in favor of the vacation, which was not sufficient for vacation of the street easement. Mayor Liebl continued stating all the Council members realized there would not be a street built on this easement because of the steepness of the terrain in the area. Mayor Liebl asked the members of the Council if any of them had changed their mind about the development of this property. Councilman Nee indicated he had not changed his mind and would want the property to remain as public access to the park area. Councilman Breider said he had not changed his mind either. Mayor Liebl pointed out that the applicant had requested five variances and the Board of Appeals had recommended denial of all of the variance requests. Mayor Leibl said the granting of the variances would be inconsistant with the development of all of the other areas in the City of Fridley, and this would create one of the smallest lots in Fridley. He indicated the square footage of the lot would be approximately 5,200 square feet. He said if the Council were able to vacate the street easement, this would create a larger or aood size lot. He commented if the Council granted the variances, this would be overruling the Board of Appeal's recommendation for this property. Mayor LiebT read the motion concerning this item aloud to the Council and audience. Mayor Liebl asked if Mr. W�lley or Mr. Menkveld were present to present informa- tion to the Council. Mr. Craig Willey, 3816 Polk Street N. E., addressed the Council and said he would make the same presentation to the Council as he had made to the 8oard of Appeals and this information was available to the Council in their agenda. Mr. Willey continued to explain he had made the request for the vacation of the easement which would have created a large enough building site, but this had been denied, so now in an attempt to work on ali avenues of this plan, he was requesting the listed variances. Mr. Willey further explained that he had changed the plan of the house for the lot to enable the house to fit into the neighborhood bett�er. 17� REGULAR COUNCIL MEETING OF MAY 6, 1974 PAGE 5 Mr. Willey said at the time the vacation was requested previously, he had requested that the full 30 feet be vacated. He added he would be willing to dedicate a portion of the easement on the to{� of the slop for access to the park area be,low. He said he would also dedicate the portion of the property which extends over the slop and down the embankment, if the City wished this area for the purposes of access. He said this would allow or a 60 foot lot which would conform to the building code, and this would eliminate the need for the requests of the many variances, and the prob]ems would be solve�. Mr. Wil7ey said his first plan for the construction of the home was for a two story home with a mansard roof which would make the structure look like a one story home. i�ow, his plans were changed and he planned to build a one and a half story home with a split entrance. He said this would be more in line with the other buildings in the area. Mr. Willey said he planned a substant�al investment in the home and it would be equal to or a greater investment than the remainder of the properties. Mayor Liebl read the listing of the five requests for variances aloud to the Council and said it would be practically impossible for the Council to grant this many variances. He also read the letter sent to the City by Mr. David Torkildson, Parks and Recreation Director, Anoka, concerning the variance requests. He indicated the County had no objection to the granting of the requests as this property wou7d not be needed for park development in this area. MOTION by Councilman Utter to receive the letter from Mr. David Torkildson, Director of Parks and Recreation, Anoka County, Minnesota dated Aprii 15, 1974. Seconded by Councilman Starwa]t. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. MOTION by Councilman Starwalt that the City Council concur with the recommenda- tion of the Board of Appeals and deny the five requests for the variances made by Mr. Craig Willey to build a residentia] home on a 40 foot 7ot, for the same reasons that this request was recommended for denial by the Board of Appeals (because of the opposition from the neighbors, the lot size, and the number of variances asked for). Seconded by Councilman Nee. Upon a roll call vote, Mayor Liebl voting aye> Councilman Utter voting aye, Councilman Nee voting aye, Councilman Breider voting aye, and Councilman Starwalt voting aye, Mayor Liebl declared the motion carried unanimously, and the request for the five variances for Lot 1, Block 2, Oak Grove Addition to Fridley Park denied. ihe City Manager asked if there should be an explanation of why this had been denied. Mayor Liebl said the records of the Board of Appeals meeting speak for themselves. Councilman Breider asked what the standard lot size is in this area.. The City The City Manager said the minimum lot size is 60 feet. Councilman Breider asked if the average lot size is about 80 feet and the City Manager said yes, they run from 60 to 80 feet. Councilman Breider said approval of these variances would set a strong precident. The City Manager agreed saying this would be one of the smallest lots in the City. Mayor Liebl asked the adjoining property owner, Mr. Dennis Drevniak, 6684 Fridley Street, what his front footage was. Mr. Drevniak said his is 80 feet. A REQUEST FOR A VARIANCE OF SECTION 205.134, 6, FRIDLEY CITY CODE> TO REDUCE ?HE DISTANCE BETWEEN A PERMITTED BUILDING AND AN R-3 ZOP�ING DISTRICT FROM The City Manager said this property was on the east side of T.H. #65. MOTION by Councilman Starwait to concur with the recommendation of the Board of Appeals and approve the request for a variance to enable the construction , , � � � � � `J ' •� i I �� I � � I � + i I , ( � 1 1 � - REGULAR GOUNCIL MEETING OF MAY 6, 1974 1'X9 PAGE 6 of a second accessory building as requested by D. W. Harstad Company Incorporated for 710] High4ray #65, as there are no problems concerning this construction and it would enhance the neighborhood. Seconded by Councilman Utter. Upon a voice vote, al] voting aye, Mayor Liebl declared the motion carried unanimously. 7he City Manager pointed out that this property abuts the Creek and he would recommend the Council stipulate that the Creek area be maintained and'some measure be taken to prevent erosion of the creek banks. Mr. Dick Johnson, D. W. Harstad Company, addressed the Council and said they fiad been in contact with the Rice Creek Watershed District and had not received any response from them at the present time. Tf�e City Manager said there had been some variances granted about a year ago, but this request does ask for additional variances and the original requests which had been approved are no longer valid because a year has l.apsed. He explained this is a substandard lot and some of the reasoning which had been applied to the first request should be reviewed in this request. Mayor Liebl stated that all of the lots in this area are 40 foot lots. He asked if Mr. Dircz was present at the meeting. Mr. Dircz stated the anly additional variance request was to add two feet to the construction which would involve the back yard set back. Mayor Liebl asked if this lot would be 6,000 square feet. CounciTman Breider asked what the frontage of the lot would be. The City Manager said alT of the lots in this area are 40 foot iots, but mosi of the residents have built on two of the fcrty foot lots. The City Manager said the new property line would be five feet from his house. Mayor Liebl said there had not been any objections from the neighborhood, MOTI.ON by Councilman Nee to concur with the recommendation of the Board of Appeals and approve the variance requests made by Mr. Frank Dircz to allow the construction of a single family dwelling and a detached garage at 48$5- 3rd Street N. E. Seconded by Councilman Starwalt. Mayor Liebl said it should be a matter of record that the Council had concurred in these requests because there was no opposition to the requests, the requests had been approved before and the properiy owner had maintained the property for some time. UPON A VOICE VOTE, all voting aye, Mayor Liebl declared the motio� carried unanimously. MOTION by Counci]man Breider to receive the minutes of the Board of Appeals Meeting of April 23, 1974. 5econded by Councilman Utter. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried. RECEIVING THE MINUTES OF THE BUILDING STANDARDS DESIGN CONTROL SUBCOMMITTEE MEETING OF APRIL 25, 1974: CONSIDERATION OF A REQUEST TO CONSTRUCT A NEW BUILDING FOR THE PURPOSES OF A LIBRARY: LOCATED ON THE NORTHWEST CORNER OF THE FORMER RIEDEL PROPERTY, 1�0 0 REGULAR COUNCIL MEETING OF MAY 6, 1974 PAGE 7 A PIECE OF LAND 335 FEET x T81 fEET, LYING ON THE CORNER OF MISSISSIPPI STREET AND 5TH STREET; THE SAME BEING 410 MISSISSIPPI STREET. RE UEST BY ANOKA COUNTY LIBRARY SYSTEMS, 707 HIGHWAY NO 10, BLAINE, MINNESOTA • The Asisstant Engineer pointed out the various features of the prpposed library from the elevation drawings on the easel. He said the entrances would be from 5trh Street and Mississippi Street and the main building entrance would be in the back section of the building. Ne said the strue- ture would be a �ne-story slab construction. Mr. Jerry Young, Director of the County Library, addressed the Council and presented the Council with a model of the pr�posed structure. He indicated the building exterior was planned to be stucco. • Mr. Young introduced Mr. Flynn, Architect for the library. Mr. Flynn said his partner had talked to the people at Wal1 Corporation and had also compared plans and he was told that the two constructions would be compatable. He stressed the proposed building was a good quality building and very flexible and accomodate the proposed programs of the County Library system. w Mayor Liebl read the stipuiations recommended by the Building Standards Design Control Subcommittee aloud and asked if there would be any problem in working out the stipulations with the people from the library. The City Manager said the City and County had been working together on the plans and there were no problems in settling the stipulations. He mentioned the possibility of cooperation with the C.ounty with the sharing of parking facilities at City Hall and the Library facility when needed. Mayor Liebl explained at times when court is in session at City Hall, there is often a shortage of parking at the City Nall parking lot. Mr. Young said there would be no problem working out cooperation of the parking facilities, this would be hest for all concerned. Mayor Liebl said the City had received the cooperatian of the County Commission and he would like to.publicly thank the Council Commission for this cooperation. MOTION by Councilman Utter to concur with the recommendation of the Buiiding. � Standards Design Control Subcommittee and approve the preliminary plans for ' the constructiorr of the Anoka County Library, Fridley Branch, with the five stipulations recommended by the Subcommittee. Seconded by Councilman Starwalt. � Upon a voice vote, all voting aye,- Mayor Liebl declared the motion carried uanimously. ' � OF A REQUEST FOR AODITIONAL PARKING AND LANDSCAPING: LOCA The Gity Manager said this item needed some specific action by the Planning Commission and would be brought back for Council consideration. CONSIDERATIQN OF A REQUEST TQ CONSTRUCT A NEW BUIL�ING FQR SPECULATIVE Councilman Breider asked if a plan for the building could be placed on the easel. The Assistant Engineer pointed out the elevations on a plan on the easei. Councilman Breider said he thought this plan for the building to be quite drab in comparison to the previous constructions by Paco Masonry. He said there was no brick on the front of the building, and he questioned if there was some specific reason for this. A representative of Paco Masonry addressed the Council and said he did not think there would be any specific problem in the addition to the brick on the front of the building. • � ' � ' REGULAR COUNCIL MEETING OF MAY 6, 1974 PAGE 8 i81 h10TI0N by Councilman Breider to concur with the recomnendation of the Building Standards-Design Control Subcommittee and approve the request with the four stipulations suggested by the Subcommittee and also with an additional stipulation that something be worked out to spruce up the front�of the bui7ding w9th brick on the Main Street side. Seconded by Councilman Nee: Upon a voice vote, all voting aye, Mayor Liebl declared the mation carried unanimously. CONSIDERATION FFIRM THE LANDSCAPING PLAN. PARKING PLAN Mayor Liebl read the three recommended stipulations aloud to the Counci7 and audience. The City Manager said in the area where there will be future expansion, the � concrete temporary bumpers will be provided. He said the permanent bumpers would be added after the future expansion. He said there is a need for additiona] parking. � hfayor Lieb7 said this is in a low area. He questioned if a drainage plan had been worked out. The City Planager said there had been a drainage plan worked out, but this had been turned down by the majority of the people east of the Knights of Co7umbus faci7�ty. He said it is in the area where the water stands. , He further explained that the knights of Columbus had escrowed money for the � drainage problem when they had expanded in the past. H� said this would be• very close to the low area and he suggested that the Knights of .Columbus be required to escrow money for the storm sewer and storm drainage as has been done in the past. � � � , � ' � � � i MOTION by Councilman Starwalt to approve the plans for construction as recommended by the Building Standards-Design Control Subcommittee with the four stipulations suggested by the Subcommittee and with the additional stipulation that the Knights of Columbus escrow funds for future storm sewer drainage as has been done in the past. Seconded by Councilman Utter. Upon a voice vote, all voting aye, , Mayor Lieb1 declared the motion carried unanimous7y. ! CONSIUERATION OF A REQUEST TO CONSTRUCT A NEW BUILDING FOR SPECULATIVE PURPOSES: - - - - ---_ . . . - --......._ ... _..__ ... _. , . .. _��. , .._...._...,.... , RE UEST BY AL ZEIS, 225 94TH AVEAlUE N. 4!. , COON RAPIDS, ;�IINNESO Mayor Liebl asked if Mr. Zeis was present. Ne read the stipulations aloud to Mr. Zeis, the Council and the audience. , The City Manager pointed out that there is some concern about the future ' development behind the property proposed for development at the present time, 'fhe Assistant Engineer pointed out the area which was to be developed on the � map on the screen. He stated the problem to be that of access to the area , behind the proposed developsnent area. The City Manager asked how the utilities would be provided to this area if there is future development. Mr. Zeis asked if there would be a reqairement far screening of the north area, ' Councilman Utter said there is a light snow fencing provided for screening at the present time. P1r. Zeis asked what type of screening would be required. The City Manager said this would be the iron fencing with strips at the present time and the additional planting of vines because the strips eventually fall out of the fencing and the vines wou]d be more permanent. Mr. Zeis asked how , far the screening would haveto be installed. The.City Manager said this would be for the portion of the property being deveioped or as shawn in the light ' green area on the map on the screen. ' A representative of the Company, Mr. Gustafson, said th•is area would be developed if the business expands to the point where the additional space would be required, ;. • but there are no current pTans for any building in this area at the present time. ; Mr..Gustafson further explained they were using the front area for the building ' because he wanted Old Central for the frontage of the business. ' . Mayor Liebl asked if the applicant was willing to live up to the obligations. , � ihe City Manager said yes, he ,is �171ing to work out the access ar�d utilities. , i , ` REGULAR COUNCIL MEETING OF MAY 6, ]914 PAGE 9 182 hi0TI0N by �ouncilman Starwalt to concur with the recommendation of the Building Standards-Design Control Subcommittee and approve the request for the construction as requested by Al Zeis for 7410 Central Avenue with the three stipulations suggested by the Subcommittee. Seconded by Councilman Breider. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. CONSIDERATION OF A REQUEST TO CONSTRUCT A BUILDING TO BE USED AS A STORAGE BUILDING: LOCATED OiJ LOT 4. A�DITOR'S SUBDIVISION N0. 89; THE SAME BEING PI11V{VtJUIH. (KtUUtJI tii U, v�. „� ,� ,i, . �4ayor Liebl read the two stipulations as recommended by the Buildi�g Standards- Design Control Subcommittee. �d�TIOi� by Councilman Starwalt to concur with the recommendation of the Building Standards-Design Control Subcommittee and approve the request for the construction of a storage building by D. W. Harstad at 7101 Highway #65, with the recommended stipulations (two). S�conded by Councilman Utter. Upon a voice vote, all voting • aye, Mayor Liebl declared the motion carried unanimously. � CONSIDERATION OF A REQUEST TO ALLOW THE MOVING OF A FENCE AND RELANDSCAPING: � • L. ♦ 1 I\1VLL1 � II11YI1�.JV�1"�• MOTIO�J by Councilman Breider to concur with the recommendations of the Building � Standards-Design Control Subcommittee and approve the request to move the fence � and reiandsca � as requested by Frank's Nursery with the stipulations suggested by the Subcommittee. Seconded by Councilman Utter. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. CONSIDERATION OF A REQUEST TO ALLOW FOR THE ADDITION OF A SWIMMING POOL CENTER LOC�ITED ON LOT 1, BLOCK l, uREAT NORTHERN INDUSTRIAL CENTER: THE SAME BEING H There was no action necessary; the item was cancelled by P7ywood Minnesota. �ONSIDERATION OF A REOUEST TO CONSTRUCT A BUILDING TO BE USED FOR CREW FACILITIES: e Councilman Utter suggested an additional stipulation which would indicate that clean up of the area was needed. MOTION by Councilman Nee to concur with the recommendation of the Building Standards-Design Control Subcommittee and approve the request by Burlington Northern to construct crew facilities located at the Burlington Northern Yard with the stipulations recommended by the Subcommittee and with the additional stipulation that clean up of the area is necessary. Seconded by Councilman_Starwlat. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. (�OTION by Councilman Breider to receive the minutes of the Build7ng Standards- Desig}� Control Subcommittee Meeting of April 25, 1974. Seconded by Councilman Starwalt. Upon a voice vote, all voting aye, ;iayor Liebl declared the motion carried unanimously. RECEIVING THE MINUTES OF THE ENVIRONMENTAL QUALITY COMMISSION MEETING OF APRIL 9, 1974: . MOTION by Councilman Utter to receive the minutes of the Environmental Quality Cotr�nission Meeting of April 9, 1974, and also receive the proposed bylaws to be ! reviewed by the Administration and the City Attorney to determine if they conflict , ', with the State Environmental laws, and that the item be brought for Council � • consideration in the period of one month. Seconded by Councilman Starwalt. j Mr. James Langenfeld, Chairman of the Environmental Quality Commission was present , ( and suggested recycling be done on a permanent basis in the City. Fle said � arrangements could be made with Mr. Tim McDonald if the City would provide a i , permanent facility. He said a presentation would be made in June concerning this � practice. � -.:rR... _ . 1 , ,. � � ' ' I I , I � � i , I i , � � � � I i I ' ' � � ' I � i I � ' I , �. 1 � I i ' � i• � � � i ' ' ' ' �l.i� f2EGULAR COUNCIL MEETING OF MAY 6, 1914 PA6E 10 UPON A VOICE VOTE, ALL VOTING AYE, Mayor Lieb] declared the motion carried unanimously. IVING THE RESPONSE TO 7HE PROPOSED ALTERNATE TREE PRESERVATION ORDINANCE Mayor Liebl said the letter asking for a response to the Planning Commission's suggested amended proposed ordinance had been sent registered maiT io the five sponsors of the ititiative petition. i�ayor Liebl read the names of the five persons who sponsored the petition. �+ayor Liebl read the names of the five persons who sponsored the petftion, and �said a response had been received by the City from the five. Mayor Leibl pointed out in the statement from the Committee dated April 22, 1974, the committee had indicated they could not accept the proposal as a substitite for the petitioned ordinance. Mayor Liebl stated, if the Council did not adopt the ordinance as presented by the petitioners, this would force a referendum which would be held in June at a great expense to the City and only a very few people would vote at this special eiection in June. �layor Liebl recalled the petitions committee said they represented 4,300 petit7oners and 9t would be his recommendation to adopt the ordinance and try to live with it. He said if it is not possible to live with the ordinance, it could be amended in the future. h1ayor Liebl asked the City Rttorney if it would take three votes to adopt the ordinance. The City Attorney said yes, it is a simp7e ordinance and three votes would be adequate. Councilman Breider said he would not vote affirmativeiy for the ordinance as it stands unless the utilization of the North Park area is presented hand in hand to the people of Fridley in an election. Councilman Breider said he did not think there was any major money to be spent for the development of the Parks in Fridley in the near future. H,, said i�the issue of the utilization of the North Park area, which would be a golf course versus a nature center were pTaced on the ba7lot, he would vote affirmatively for the adoption of the original ordinance, He said he thought this shou7d be done as a part of the ordinance, and he would like this taken care of at the same time. MOTION by Councilman Breider to authorize a referendum at the general e7ection in the fall for the issue of a golf course versus a nature center.dt the North Park site. • Councilman Nee asked if this would be a binding or advisory referendum. Councilman Breider said it would be an advisory referendum, but should be binding on the Council. Councilman Nee said this is true, he would support the motion, SECONDED by Counci7man Nee. Upon a roll ca71 vote, Councilman Breider voting aye, Councilman Starwalt voting aye, Mayor Liebl voting aye, Councilman Utter voting aye, and Councilman Nee voting aye, Mayor Lieb1 deciared the motion carried unanimously and said the issue would be on the ballot at the general election in the fall. MOTION by Councilman Breider to waive the reading of the ordinance and adopt the ordinance prohibiting the desir�ction of trees on City owned Public Land in the City of Fridley except under specific conditions, as it was submitted by the petitioners and appears on Page 6-A of the Agenda for the May 6, 1974 meeting. Councilman Starwalt said the unrevised ordinance is very bad and the City cannot live with it. He added, �here are projects in his ward that will be stopped or never started if the ordinance is passe�. Councilman Starwalt said the minutes of the P7anning Comnission show this fact. Councilman Starwalt said he takes the ordinance very seriously and he has great quains about the viabi7ity of this ordinance Councilman Starwalt asked if it would be within the law to table any action on this ordinance until the next general eiection if this would be acceptable with the petitioners. ' The City Attorney said if the committee would agree, this could be done, otherwise, the Council would be bound to the requirements of time which are in the City Charter. He said this would require ihe speciai election on the ordinance to be within a set time period, Councilman Starwalt said he would like to ask the Chairman of the Petitioning comnittee if the Committee would agree to have the special election on the ordinance at the general election in the fall. i � f. f l } � f : za� REGULAR COUNCIL MEETING OF MAY 6, 1974 ' PAGE '] 1 Rev. Winston Worden, Chairman of the Committee, addressed the Council and stated, as read in the response, the facts are clear, and he did not think any of the committee members had changed their minds at this point. Rev. Worden said the action recommended by the City Council would be the least that could be done by the City Council at this time. UPON'A ROLL CALL VOTE, Councilman Utter voting aye, Councilman Nee voting aye, Councilman Breider voting aye, Councilman Starwalt voting nay, and Mayor Liebl voting aye, ;iayor Liebl declared the motion carried four to one and the first reading of the original Tree Ordinance adopted. RECEIVING STATUS REPORT ON ENVIRONMENTAL QUALITY ASSESSMENT STATEMENT: t�OTION by Councilman Utter to receive the report on the Environmental Quality Assessment Statement. Seconded by Councilman Starwalt. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. ION OF A REPORT REGARDING THE FEASIBILITY OF COOPERATION WITH ANOKA COUNTY MOTION by Councilman Utter to receive the report on the feasibility of cooperation with Anoka County in Establishment of a Nature Interpretive program and consideration of appointment of a naturalist, at this time. Seconded by Councilman Nee. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. (NOTE: Action was taken later in the meeting on the appointment of the Naturalist. Mr. �an Huff was appointed effective July 1, 1974, with his services to be obtained until that time on a consultant basis.) RECESS: hiayor Liebl called a ten minute recess at 10:00 P.M. RECONVENED: Mayor• Liebl reconvened the meeting at 10:15 P,M. (NOTE: The following item was brought to the Council's attention out of agenda order because of the number of people present,) TIOW OF A PROPOSAL FOR CONSTRUCTION OF A TOWER FOR N AND RECEIVING PETITION #7-1974 - IN OPPOSITION TO ANTEP�NEA: ES TO BE ' RELAY Mayor Liebl called on the Assistant Engine�r to make a presentation on the proposed antennea. h1r. Richard Sobiech, Assistant Engineer, said the requ.est was to construct a free standing tower adjacent to and on the City property by �he 12 million gallon water tower at 53rd and Johnson. He said the tower would be 50 feet in height and would ha�e two disc like plates ten feet wide on the top which would serve as beam benders. He said this would eliminate the construction of a 150 foot tower;at the Genei^a,�,.;•,' Television site. He continued to explain, the tower would not be as tall as t�ie . water reservoir and at some angles, it would blend into the tower. Ne said the ' bottom slab would be 13 feet wide and would be within the area of the fence for the water tov�er. He explained the antenna would be within the view of the 53rd Avenue area, but the tower would not extend above the water tower. He said from the other areas, the tower would not be seen. He said it is the proposal that the antenna be painted the same color as the reservoir, so it bould blend in. He said if the Council would like to find out any technical information about the proposed tower, Mr. Ron Renard, Ilidwestern Relay, and Mr. Robert Becker, Vice President for Engineering, General Television were present. Mr. Becker pointed out the dimensions of the proposed tower to be 13 feet at the bottom with a triangular shaped slab, approximately ter, feet at the top and 50 feet high. ' i _ � REGULAR COUNCIL MEETING OF MAY 6, 1974 18�-� PAGE 12 I i � Mayor Liebl asked if there would be any electrical interference which would cause i any problems, or if there would be any noise connected with the operation of the i tower. He asked what the general appearance of the tower would be and if the wind would cause any noise at higher velocities. j Mr. Becker said the proposed location is the most condusive place to install the tower. He said because of the size of the tank, from some directions, it would not be seen. He said as far as the electronic questions and views, Mr. Renard from Midwestern Relay was most equiped to answer. Mr. Renard said there would be no interference at all, and he explained with the microwave vain, there cou]d be ;io interference. Mayor Liebl said there was some concern by the area residents who believed there would be some noise from the wind whistling through the tower. Mr. Renard explained that there could not be any variations in the design of the tower. He said there is a plastic cone installed to prevent ice build up on the tower. He further explained that the tower was to be installed according to the , specifications of the electronic institute and it will carry approximately a 110 mile an hour wind with one inch of ice on all surfaces of the tower. He said there would be no danger of the tower collapsing. Mayor Liebl asked why this specific location was choosen. Mr. Renard explained that Midwestern Relay is a common carrier of television stations and General Television stations and General Television has to bring signals io the area from Chicago and Winnepeg: He said this choice was made by General Television in their franchise. He said the beam bender tower is needed to interconnect with the other communities or the district center in Arden Hills. He explained it was not possible to bring the signals direct7y to the Genera7 Te7evision station site because of the bluff on the east side of the City of fridley. He said it would not be possible to transmit without construction of a 150 foot tower on the General Television site if this tower were not used. He further explained without the use of the beam bender tower, it would only be possible to bring one channel from the Foshay Tower to Arden Nills and then to Fridley. He said this is an ideal spot for the antennea because it is above the tree tops and the height af the hill substitutes for the height that would be needed for the construction of a tower in another location in the City. Mr. Rena►� said Midwestern Relay did not anticipate any noise being caused by the tower. He said if this location is used, the Company could do without an active facility and extensive equipment. He said this would be a short path from Arden Hills and also to the studio location, which would eliminate the need for an active tower. He said this is four miies from Arden Hiiis. Mayor Liebl asked Mr. Re��ard if it would be possible for him to state that there would be no noise and the structure would not be hazardous. Mr. i:enard said he did not believe there would be any noise and the tower was designed very well with several degrees of safety measures, and it would not create any hazard. Mayor Liebl asked how high the tower would have to be constructed on the other sites. Mr. Renard said if this tower were to be put south of the studio, it would have to be 15d feet high. He said another aiternative would be in the area of the Onan building, l�hich would relay the channels back to the studio site. Mayor Liebl asked if the original plan was to bring the channels in. by their own system, it is necessary to have 50q of the signal sold. He said another alternative may have been to buy the signal from A. T. & T, and Bell, but they are not selling this signal any longer. He said the termination point was the Foshay Tower. • Mayor Liebl asked if the Company would be coming back to say they need another 100 foot tower to get more signals. Mr. �enard said no, there wou]d be no need to extend the facility at all. . ' Councilman Starwalt asked if this proposal was the cheapest solution to the problems of receiving the signal at the studio. � Mr. Becker said cost is always a factor and the cost of this installation would be minimal in relation to the other proposed towers. He stated in this area, the tower would blend in and in the other areas, it would be a high jutting tower. Councilman Starwalt asked what the City fee for the use of the public property was � i � f F E � 186 � � REGULAR COUNCIL MEETING OF MAY 6, 1974 PAGE 13 � ! � proposed at. Mr. Renard said there was no proposed fee at the present time. He indi- ; cated he had furnished the staff with the typical lease type information. � r-- II � � � ' , ' , �_1 , ' �� , � ': _�• ;.:; � s- �, �I � , Councilman Nee asked if it would be possible to add 150 feet to the Arden Hills tower and accomplish the same objective. Mr. Renard explained the limitations in the height of the aforementioned tower, and explained at this height, the tower will service almost everyone in the metropolitan area with the exception of those areas which are behind the bluff. Councilman Nee asked if it would be feasible to install the tower in the area of the Minneapolis Reservoir area. Pir. Renard said he was not aware of this site, but he questioned if the distance would be too great and force the use of an active rather than a passive tower, He explained there would be no reactor and no current in the proposed passive beam bender. He stated, economy is always a factor. He commented that if greater distance is created between the two points, there would be a need for a repeater with active electronics for the use as an interconnector because this is the limit in distance for reliable service to General Television. Councilman Nee asked if the dish or antennea could be set in the middle of the top of the reservior tank. Mr. Renard said this had been done or attempted in the past and there would be problems brought up in the construction of the tank. He said this had been proposed in Apple Valley, but there were problems with the manufacturer of the tank_wi�.,was concerned if something would happen to the tank because of the antennea., He sai�'.: this had been delayed four to five months because af these problems. • He said�they ' would like to take the most direct route first, and this would be perfect if the water reservoir would hold the antennea. The Gity Manager said the County antennea installation was being planned for the top of the tower. He said he did not think this alternative would be suitab7e. Mr. Robert Oulicky, 5233 Matterhorn Drive presented the Council with a petition in opposition to the con'struction of the antennea ai.ihe proposed water reservoir site, Ne explained there was 183 signatures from the near vicinity and there was 1Q0% of the signatures from those whithin the 300 feet which had received the mailing from the City on the issue. Mr. Oulicky asked if the disc portions of the tower could be painted. Mr. Renard said yes. Mr. Oulicky expressed concern about the construction of the tower stating before the area of the water reservoir was fenced, the young people climbed the tower and painted it, he bel�eved that the antennea would provide an exce7lent facf7ity for such climbing to be resumed. Mr. Oulicky presented the Council w�th a letter which had been written in 1962 by himself to the Planning Commission concerning a request for a F. M, transmission tower in the area, and the objections Mr. Oulicky had at this time to that installation. Mr. Oulicky stated the same information and objections would apply at the present time. (10TION by Councilman Starwalt to receive the Petition presented by Mr. Oulicky, Petition #7-]974, in opposition to the insta7]ation of a antennea by Mi�western Relay and General Televisian, and alsa the letter submitted by Mr. Oulicky which was addressed to the Planning Commission on April 6, 1962 and concerns opposition to the construction of an antennea in the area at that time. Seconded by Councilman Utter. . . A resident of the area voiced surprise at the sudden notification concerning the installation of the antennea. Councilman Utter said he was as surprised as the area � residents. He added, he did not know about this current prbposal until the previous � -- meeting of the Council when the request was mentioned, but no details were discussed • and no action was taken. He said 'ne did not know any of the details of ,the construction at the •time, only the suggested height and location. • Mayor Liebl said all of the people of the area within 300 feet would have to be notified about this type of proposal according to the requirements of the City Charter. Mayor Liebl said he thought there would be some problems with the installation of the antennea at this site, Mr. Becker said there would be no interference because the , ' ' ' II i� � , � � � � ' 0 � ' ' LJ , � � ' I8�7 REGULAR COUNCIL MEETING OF MAY 6, 1974 PAGE 14 the tower was a passive not an active antennea and it would not regenerate a signal. t�lr, Oulicky said this was his original concern but he realizes �he passiv2 antennea would not create any interference. He said he was not aware of this information before the current meeting. The property owners had not received any information op the detai7s of the installation, just notices that the proposal would be discussed at the current meeting, He said perhaps some of the points as listed in the petition had been answered at this point in the meeting. A resident of the area questioned how passive the installation would be when the active tower in Arden Hills would be beaming the active signa] direct]y at it. hir. Renard said the discrepancy in this point would be in the frequency that would be used, He explained that this signal would be minuie compared to the signal which would be beamed fromthe top of the reservoir for radio broadcasts. A resident of the area asked how the installation would blend into the landscape and also if there would be any lights on the structure. f^:r. Renard said there would be no lights because of the height.does not exceed the maximum requirements. A.resident of the area asked if there had ever been any decimal tests taken on this type of antennea. fir. Renard said if this had been done, and there was interference, the F. C. C, would immediately ask for the e]imination of such interference. Mr. Renard said again, he is 100% sure that there would be no interference. A member of the Innsbruck Homeowners Association, representing the Association, said he v�ould like it a matter of record that the 200 peop7e who are members of the group oppose the instal7ation of the antennea in this proposed location. A member of the audience questioned if this high frequency sound would have some effect on the people in the area after a]ength of time, He asked if the electrical signals would be harmful. i�ir. Renard said the signals in the Counci7 Chambers at the present time would be greater than those of the proposed signai. The resident said this would be an addition to the electro magnetic pollution and it would be harmful. Mr. Renard said this would be minus 100 DVM. Mayor Liebl asked what the level in the Council Chambers would be at the present time. Mr. Renard said this wouTd be ],000 times this amouni, Mayor Liebl said there were many valid points listed by the homeowners in the petition and he would iike the questions to be answered. Ne asked if this proposa7 was approved, would there be any further requests in the future for additional height on the antennea. if1r. Renard said no, and he would make this a poiit in the agreement. A resident of the area asked how the visual problem could be cured. Councilman Utter said he thought the Re7ay Company should get together with the City and look at some alternative sites for the installation of the antennea. He asked if_the main water tower couid be used. He stated, the peopel had stated some very ' good reasons in the petition for not using the proposed site. Councilman Utter said he would not want to live across from the water reservoir, without the suggestion of another tower. F► resident of the area suggested that an independent concern be contacted as a consultant to answer the questions put to the representative of Midwestern Relay. He questioned if the benefited business could be responsible in answering the questions in an objective and honest manner. The City Manager said'the City had raised many of the same questions as the residents of the area, and the members of the Counci] wou7d have to dec�de on the proposa7: Ne said if it is necessary that this type of antennea be provided for the use of General Television, it would be in the best interest of aTl if some additional inpui and information be obtained for further discussion on the matter. He suggest.ed more research be made into the question and the item be brought back to the Council for their consideration in the future. i•layor Liebl asked how long a time period would be needed to get the answers to the questions put to the Council, The City Manager said this would be available at the next regu]ar meeting of the Council, this would be the third Monday in May, May 20th, 1974. t9ayor Liebl said that he wou7d like to see some proposals for alternative sites with the whole community being studied. The City Manager doubted if the antennea could be placed into another community and service the people of the cjty of Fridley. He said they would have to work with a certain set of conditions. � + �88 ' ' , L� � REGULAR COUNCIL MEETING OF MAY 6, 1974 PAGE 15 Councilman Breidar said he believed all alternative sites should be considered. Ne said the Council had not come to the meeting with their minds made up on this matter, they wanted to find out what the people of the area wanted. He said there could be a review of the other possibie sites. UPQN A VOICE VOTE, all voting aye, Mayor Liebl declared the motion carried-unanimously. Mayor Liebl said the answers to the people's questions would be answered on the 20th of May and the Council would study the alternative sites. (THE FOLLOWING ITEM WAS ON THE AGENDA LATER, BUT CALLED AT THIS TIME BECAUSE OF THE NUMBER Of PEOPLE WAI7ING FOR THIS CONSIDERATION.) � CONSIDERATION OF "NO PARKING" SIGNS ON SATELLITE LANE AND RECEIVING PETITION #6-1974 IN OPPOSITION TO BRPlNING OF AUTO PARKING ON SATELLITE LANE: MOTION by Counciman Breider to receive Petition #6-1974 in opposition to banning of auto parking on Satellite Lane. Seconded by Gouncilman Utter. Upon a voice. vote, al7�voting aye, f1ayor Liebl declared the motion carried unanimously. � � t1r. Joe Wood, 155 Satellite Lane, addressed the Council and explained he was the Manager of a 33 unit apartment building on Satellite Lane which is owned by Mr. Edstrom of Edstrom Realty. He added, the other Manager in the area manages a building of 25 units. Ne said they had been told that the no parking signs had been placed on one side for the purposes of snow removal, but now the signs had been placed on � both sides of the street. He. said there is not ample room for his tenants and their guests to park in the area. �•Ir. Wood said the apartment 6uilding owner, (+ir. Edstrom, did pay $22,000 a year in taxes. Councilman 8reider said this is his ward, and he recalled Mr. 41ood's statment that he had received complaints about the parking situation and this was at 6 and 7 A.M.. "9r. 6lood said the tenants first saw the signs at this hour of the day and complained to him about the placement of the signs. Mr. Wood said this is the only street in the area where there is no parking. Councilman Breider asked where the people living in the buildings are parking at the present time. l�ir. Wood said in the back of the building. Councilman Breider said at the time of the construction of the buildings, the City asked that adequate parking for the tenants and guests be provi�ed in the back of the building, and this was one of the original building stipulations. Mr. Wood said before the parking was �rohibited on only one side of the street, now this is in effect on both sides of the street. Playor Liebl said the Ciiy had received many and serious complaints'about�ihe parking from this portion of the street right up to the hamburger �dee•. . He said the cars were parked on both sides of the street and the children iri t a'rea were running between the cars and in and out in the street. He said the bus drivers • also complained because they could not make the turn. He said he would not •like to see a child get hurt because it is too much trouble for someone to park in the back of the building. Mr. Wood said he believed there was ample parking for the tenants with 24 garages and one additional space for each of these garages. f�iayor Lieb7 said this wou7d total 48 parking stalls for 33 units. I�ir. Wood said he would request that a certain amount of parking be available in the front of the buildings for the guests of the tenants. He mentioned if the residential homes had guests, they could not get all of the cars into the driveways. He pointed out if each of the tenants had one guest, there would not be adequate parking space. Mr. Robert Lee, 144 Satellite Lane, stated all of the people of the area had agreed to the placement of the no parking signs in the singie famiiy residentiai area evert though they were not allowed parking in front of their homes. He recalled this had been an area which was zoned for single family homes and not apartments when the majority of the people made their homes in the area. He said he had no idea how the area became zoned for the apartments. He said he did not object to the apart- ment building being there because there was to be off street parking prouided by the apartment complex for the tenants and guests at the apartments. He said it became impossible for the home owners to have guests park in front of their homes because of the tenants and their guests. Ne said it had been determined by the area people that this parking was not for the tenants guests, it was the tenants themselves who were parking on the street. Fle said.the residential street was being used as. a parking lot. ; I ' ' ' � � � I� ' ' � rJ ' ' ' ' ' 1 � ' ' 1�.�1 .. REGULAR COUNCIL MEETING OF MAY 6, 1974 PAGE 16 hir. George Quinlan, °lanager of the 25 Unit apartment, 195 Satellite Lane asked why the residents had not been notified with some explanation on why this was being done. Councilman Breider suggested a letter be sent to the owner of the apartment unit requesting that he get together with the Engineering Department for a solution to the problems. He said the Police Department would take care of the enforcement of the law. MOTION by Counci]man Breider to authorize the Administration to write a letter to the owner of the apartment bui7ings, �ir. Edstrom, presenting the new information and the action taken in this area regarding the "�vo Parking" restrictions, and also the original stipulations at the time of the construction of the building, and also requesting that a duly authorized representative of the Edstrom Company meet with the Engineering Department for a satisfactory solution to these problems. Seconded by Councilman Starwalt. Mr. tiesser questioned if the area property owners could be included in any meetings that would be held on this matter. t�9ayor Liebl said this would be possible. UPON A VOICE VOTE, all voting aye, i�iayor Liebl declared the motion carried unanimously. CONSIDERATION OF APPOINTMENT OF A NA7URALIST: (idote: This item had been received earlier, but the City Manager asked that consideration be given the appointment at the current meeting.) Thc City Manager stated the applicant who is being recemmended for the appointment as Naturalist is considering two other positions at the present time, and if the City wanted to go ahead with this concept, the man should be hired, otherwise, the idea scrapped for the time being. Th� Ciiy Manager stressed the Administration would have to be honest with the applicant and inform him on the status of the position. Gouncilman Breider said there had been some discussion concerning a youth center and the need for youth programs in the City. He said it seems al7 there is for young people in this sart of program at the typical youth center is the shooting of pool balls. He said he had reviewed the many things being done by Anoka County in their youth �rograms, and their programs are youth orientated. Ne mentioned the various youth activities such as camping, hiking, etc. He continued, a17 of the activities are at the County level and the City of Fridley needs someone to coordinate these activities in the City. Councilman Breider said he believed the recommended candidate, fir. Dan Huff, had good qualifications and he recommended the City Council take action to appoint him and get some programs going. Mayor Liebl asked if the County had given the City any commitment that they would aid in this City program. htayor LIebl pointed out that the new appointment would be making approximately as much as the Director of Parks and Recreation and a secretary would be needed for his Department. F�e said the man's qualifications and recorr¢nendations are very complimentary. He continued he is a high caliber applicant and would benefit the entire County. He said Mr. Huff had the background to help, but he thought the County should also help. Councilman Breider said the County is looking for input on the program and he believed it would behoove the City to relate to the County with this type of commitment and let them know what kind of aid the City wou7d need. Counci7man Breider said the City should begin an affirmative program and make this thing go. The City Manager said he had tried and tried to gain some direction on this matter from the Council. He said the Council had taken action to hire the Naturalist in the salary range from $12,000 to $16,000. He said he'had reported back to the Council with the fact that the County is providing a substantial center and programs but there would be limited staff to serve the needs at the local level. He said it would be double taxing of the people if both public bodies went ahead and created separate exiensive nature intreprative programs. ,The City Manager informed the Council that the Administration had received 150 applications for the position of Naturalist, and at this time the Administration had gone through the process of interviewing and making'a recommendation io the Council. The City Manager said he realized that the hour was getting late, but he felt the CIty should be doing a better job at the local level by coordinating the programs with the School Districts and the County. He said at the present time, tha programs are going back and forth, and it would be dn asset to the City to provide some direction on the local level. ' � �yo 1 � �� ' ' ' � REGULAR COUNCIL MEETING OF MAY 6, 1474 PAGE 17 Councilman Nee questioned if the person or the program should come first. �layor Liebl responded, the man has a good background to set up a number one program. CounciTman Nee stressed that this type of program has not been tried before. Couniclman Utter agreed saying he did not know of another City with a program such as this. Co�ncilman Nee said it would be nice to find out what the people want on the North Park site. Councilman Breider said if someone were hired on a consultant basis, it would cost the City more. (�lOTION by Councilman Breider to concur with the recommendation of the City Manager and hire Mr. uan Huff, full time effective July 1, 1974, and on a temporary basis as a consultant until that time to enable him to become familiar with the local programs and work slowly to form an extensive program. Seconded by Councilman Utter. The City Manager said the position description should be "idaturalist Resource Coordinator". � Mayor Lieb7 asked how this add�tion to the staff would mesfi into the staff. He ' � questioned who he would report to. The Ciiy P1anager said initially, Dr. Huff would i report directly to the City Manager, and after some time, he would be established i and work in conjunction with the Park Department. '' C� �' ,� , ' ' � l� Mayor Lieb1 again questioned the cost of the program. The City Manager said these items should be worked into the budget by the Naturalist to plan the upcoming programs. C•1ayor Liebl said the City should be honest with the man, and with 150 applicants, he has to be a good man, UPO�� A VOICE VOTE, Councilman Breider, G1ayor Liebl, and Councilman Utter voting aye, and Councilman Nee and Councilman Starwalt voting nay, '4ayor Lieb7 dec7ared the motion carried three to two. RECEIVING READVERTISED BIDS FOR LI UOR STORE FIXTURES AND E UIPMENT FIXTURES AND E UIPMENT OPENED MI�Y Z, 1974, 11:U0 A.M. : The City Manager said the item had been brought back for Council consideration and discussion. He said the items had been rebid and the bids were $1,400 higher on the second bidding. Fle said the bids arere higner this time because the items had been bid separately and the high bidder had changed on the second bid. He explained there was one person high the first time and another high the second time. The City Manager said the first high bidder believes he should be aHrarded the opportunity to purchase the equipment, and the second high bidder believes the same. He furti�er exp7ained there is no need for the City to go to the process on tne sale of this type of equipment, but this had been done so there would be no accusation of collusion. Mayor Liebl asked the Finance Director why this had been bid again and why this item had been brought back to the Council again, The Finance Director said he thought the City Council wanted to study the bids further. The City Attorney said there had been some confusion in the original bids and one of the bidders bid only on one piece of the material and the other had bid on all of the equipment. He continued stating the Administration felt the other bids did not fully refiect the value of the merchandise being sold. With this in mind, he explained, the Administraiion readvertised for bids. The City /�ttorney suggested that neither of the bids be awarded at this time, but the interested parties meet with the Administration and come to some agreement. He said there were two different items and eaeh of the parties had been interested in one of the items. fle suggested some agreement be reached for the acquisition of the two items by the two different parties. ' P1r. Dominic Zawislak, 497 Rice Creek Terrace, representing Don's Liquor, 2201 University Avenue N. E., addressed the Counci] and said he had been the high bidder at the time of the first bid, hle said he had been at the previous meeting and talked to members of the Administration after that meeting and the Council action had ' been to table the consideration of the bids. He said when he received notification of the readvertisement, it was stated in the notice that the Council had taken action to readvertise. He said he believed this second piace bidder at an advantage. He said he thought the first three bids as representative of the value of the equipment because the first three bids were within $149 of each other. � � ' � ' i � '. � ' i i ; i � I � � � � I ' I ( ' � i � �I � I ,i I > ' Cl ' 191 . REGULAR COUNCIL MEETING OF MAY 6, 1974 PAGE 18 h1r. Terry Claggert, 158 Collen Street, Wyoming, htinnesota, said he had called the City Manager at 10:30 or 11:00 on the day following the last Council meet�ng, and he had been told at that time that the bids were to be readvertised. He said they had not bid on the complete list of equipment at the time of the first bid,_but at this time an d on the second bid, they had bid on all of the equipment. The City Manager stressed, tf�e City can sell this equipment without advertising for bids. The City Attorney said, but once bids are obta�eed the City would be bound to these bids. The City Attorney suggested the Council either award the first or the second bids or reject both �ids and authorize the Administration to negotiate the sale of the equipment. �40TION by Councilman Utter to reject a]1 bids, the first and the second, and authorize the City Manager to negotiate with the two parties, or ali interested parties for. the sale of the liquor store equipment. Seconded by Councilman Starwalt. iJpon a voice vote, all voting aye, hlayor Liebl declared the motion carried unanimously. , The City Attorney said the bids had to be rejected because one of the men was the high bidder the first time, and should have been awarded the sa7e the first time, and the other was the high bidder the second time and should have been awarded the sale the second time. He said it would be impossible to award the contract according to either of the bids, this would not be fair to the people involved. The City A�torney further commented that perhaps a verbal auct�on shou7d be he7d to.obtain a high bidder and complete the sale of the equipment. The Finance Director left the meeting with the two bidders to negotiate for the sale of the liquor store equipment. (NOT�: The Council returned to the agenda at the point where they had broken from the listed items.) RECEIVING THE MINUTES OF 1'HE PARKS AND RECREATION COMMISSION MEETING OF APRIL 22, � 1974: Councilman Utter questioned the acQuisition of the Swanson property at this time stating there is not much money left in the budget. The City Manager said there had been an agreement reached with the property owner that a portion of the money would be paid at the present time and the remainder of the purchase price would be paid the following year. (Note: The eleventh item on the agenda concerned the purchase of the Swanson property and the Council took action on this item since the recommendation was to be received within the parks and Recreation Commission minutes.) CONSIDERATION OF APPROVAL OF PURCHASE OF SWANSON PROPERTY FOR RUTN CIRCLE PARK• Mr. Ken Sporre, 301 Ironton, addressed the Council and said he was representing the property owner, Mrs. Swanson, his mother-in-law. The City Manager pointed out that the City would pay $4,296.26 at 'the present time, and $2,403.74 next year and the taxes and assessmenis due and payable in 1974 wou7d be paid by the property owner. Councilman Siarwait asked if there was some questions or problems with the special assessments. ;�Ir. Sporre said there was to be a charge, but this was only if the property was used for construction. Yow, this would no longer be in effect because the City would be using the property for a park. MOTION by Councilman Nee to cancur with the recommendation of the Parks and Recreation Comnission and approve the purchase of the Swanson property according to the means previously pointed out by the City Manager.. Seconded by Coun cilman ¢reider. Upon .a voice vote, all voting aye, rlayor Liebl declared the motion carried unanimously. h10TI0N by Councilman Utter to receive the minutes of the Parks and Recreation Commission of April 22, 1974. Seconded by Councilman Starwalt. Upon a voice vote, all vating aye, f1ayor Liebl declared the motion carried unanimously. ' ' i , , � I�2 REGULAR COUNCIL MEETING OF MAY 6, 1974 PAGE 19 RECEIVING REPORT ALONG WITH THE COMPREHENSIVE PARKS AND RECREATION PIAN RECOMMENDED BY THE PARKS AND RECREATION COMMISSION• MOTION by Councilman Utter to receive the Parks and Recreation Comprehensive Plan at this time and that the matter be brought back to the Council for discussion in approximately a month after the Counci7 members have an opportunity to review the material. Seconded by Councilman Breider. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. The City Manager said the item would be brought back in a month. CONSIDERATION OF RPPROVAL OF PURCHASE OF SWANSON PROPERTY FOR RUTN CIRCLE PARK: ihis iter�i was taken care of during the consideration of receiving the minutes of the Parks and Recreation Commission meeting of April 22, 1974, and the Council took action to acquire the property. CONSIDERA7ION OF PRELIMIPlARY REPORT REGARDING THE SECOND STAGE OF THE SIDEWALK IMPROVEMENT PROGRAM CONCEPT: �! hlOTION by Cou�cilman Starwalt to receive the preliminary report regardire� the � second stage of the sidewalk improvement program concept at this time and that ' the item be brought back for Councii consideration. Seconded by Counciiman Nee. Upon a vo9ce vote, all voting aye, l;ayor Liebl declared the motion carried unanimously. � RECEIVING INFORMATION ON �EGOTIATIONS ON AUCTION OF LIQUOR STORE E UIPMENT (NEGOTIATED AT TIP1E OF MEETING BY THE FINANCE DIRECTOR : 7he Finance Director informed the Council that he had placed the ]iquor store equipment � on a verbal auction and the highest bid was received by Claggert and Carlson in the I amount of $6,�00. , ' � 1 �� . ' ' Mr. Claggert advised the Council that he would check with his legal counsel on the matter of whether the high bid received in the amount of $5,8Q0 would be valid at this point or if the ver6al auction bid of $6,400 wauld be binding. The City Attorney suggested the Council take action to sell the equipment for this amount. He advised the bidder to have his attorney call the City Attorney. MOTION by Councilman Breider to authorize the Administration to sell the liquor store equipment to Claggert and Carlson in the amount of $6,400 as was offered by Claggert and Carlson during verbal bidding. Seconded by Councilman Utter. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. CONSIDERATION OF "i�0 PARKING" SIGNS ON SATELLITE LANE AND RECEIUING PETITION #6-1974 IN OPPOSITION TO BANfJING OF AUTO PARKING ON SATELLITE LANE: Action was taken on this time earlier in the meeting. Council affirmed the usage of � the "i10 Parking" signs on both sides of the street and authorized the Adminisiration to communicate with the owner of the apartment buildings and inform him of the • :' �y.::.'• original parking requirements and also inform him of current action and request that a representative of the owner meet with the Engineering Department for a satisfactory � solution to the parking problems in the area. • . - RECEIVING QIDS AND AWARDING CONTRACT FOR STREET IMPROVEMENT PROJECT ST. 1974-4, I�I SISSIPPI ST� E IMPR VEMENT BIDS OPENED M Y 2, ]974, 17:30 .;�i. : Hardrives, Inc. 3030 Harbor Lane North Suite 216 Minneapolis, Minn. 55441 Aiexander Construction County Road 42 & Fairgreen Ave. Apple Valley, Minnesota 55068 H.� & S. Asphalt 5400 Industry Avenue N. W. Anoka, Minnesota 55303 C. S. McCrossan, Inc. Box 336 Osseo, (�linnesota 55369 $ 104,259.42 108,528.93 99,009.93 115,661.58 t:J� REGllLAR COUNCIL MEETING Of MAY 6, 1974 PAGE 20 BIDS: Street Improvement Project St. 1974-4 continued: ilunkley Surfacing - • 3737 East River Road $ 115,173.59 Fridley, 1�9innesota 55421 Bury & Carlson 6008 Wayzata BTvd. 103,900.74 hiinneapolis, Minnesota 55416 MOTION by Councilman Starwalt to receive the bids for Street Improvement Project as listed previously and to award the Contract to H. & S. Asphalt in the amount of $99,009.93, subject to the approval of the County Engineer. Seconded by Councilman Nee. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimous7y. F�ECEIVING BIDS AND AWARDING CONTRACT ON PLAYGROUND E UIf�MENT (BIDS OPENED APRIL 25 1974, 11:00 H. i�1. : � GAP�IETIP�1E MIRACLE REC. SPECIALITY NAME Of EQUIPMENT AUN. E UIPMENT EQUIPMENT SALES SERVICE Whirls 6 $1,998 $2,190 $2,538 Swing Set-2 Sec. 7 297 278� 324 4 Seat Swing Set-2 Sec. 1 353 332 430 6 Seat Swing Set-2 Sec. 1 367 356 446 6 Seat Flower Climber 2 224 none none Flower Climber 2 246 none none S S Slide 1 278 265 339 Stage Coach 1 450 none 486 Saddle Mates 17 1,445 none 7,558 Park Benches 8 268 152 478 Snail Climber 1 280 none none � Buck-A-Bout 2 902 916 S S Slide 1 360 345 334 ' Swan Swing 1 170 211 220 Total Bid Pri.ce 7,638 5,045 7,153 MOTION by Councilman Utter to receive the aforementioned bids and award the contract for the purchase of the playground equipment to Gametime Equipment in the amount of $7,638.00. Seconded by Councilman Breider. Upon a voice vote, all voting aye, �•iayor Liebl declared the motion carried ur�animously. RECEIVING READVERTISED BIDS FOR LIQUOR STORE FIXTURES AND EQUIPMENT (OPENED MAY 2, 1974 11:00 A. ��1. : Consideration of the bids for the liqaor store�fixtures and equipment was taken care of earlier with the Council taking action to reject all bids, and to authorize the Administration to have a verbal auction, and after this, the Council took action to sell the equfpment to the highest bidder, Claggert and Carlson in the amount of $6,400. r. # � � € � + i � ; 1 I � i ' i , � , � � � � � � � � IJ � � � � ' 194 REGULAR COUNCIL MEETING OF MAY 6, 1974 AUTHORIZING THE CITY MANAGER TO SIGN TNE LEASE FOR THE HOLLY LIQUQR STORE• PAGE 21 t�tOTION by Councilman Nee to authorize the Mayor and City Manager to sign the Lease for the Holly Liquor Store as it appears in the agenda, Seconded by Councilman Breider. Upon a voice vote, all voting aye, ��iayor Liebl declared the motion carried un�nimously. CONSIDERATIQN OF ADDITIONAL COST FOR LOTS IN SPRING VALLEY ADDITION• The City Manager pointed out that there had been some money paid to the County for this property. He added, there is an additional $181 due for assessments. �10TION by Councilman Starwalt to authorize the Administration to pay the additional amount to the County for lots in the Spring Valley Addition. Seconded by Councilman Breider. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. REVIEW Of STATUS OF APPROVING VARIANCES FOR A RESIDENCE ON LOTS 33, AND 34, BLOCK A, RIVERVIEW HEIGNTS: The City Attorney recalled these were two fifty foot lots side by side which are owned by two separate people. He continued to explain that one of the people had applied for a building permit, but there was some opposition to the issuance of the building permit. He said if this is not granted, the applicant may take action against the City and the City's chances in court would be about 50/50. He pointed out that the City had granted a number of permits on lots this size. Councilman Nee asked if there was a possibility of establishing an area waiver. The City Attorney said he would like to see the Council set up a policy on this type of item, and be consistant in action. NlOTION by Councilman Nee to table the consideration of appraving variances for a residence on Lots 33 and 34, Block A, Riverview Heights, until tMe next week's meeting of the Council. Seconded by Councilman Starwalt. Upon a voice vote, all voting aye, Fiayor Liebl declared the motion carried unanimously. CONSIDERATION OF OFFER MADE BY THE INSURANCE COMPANY OF SUBURBAN ENGINEERING - PROJECT T03: The City Attorney explained there had been another offer submitted by the Tnsurance Company for the settlement of the Project 103 problems. He explained if the offer would not be acceptable, the Tnsurance Company had requested that a counter offer • be made by the Gity which would be acceptable to the City. The City Attorney further explained this would bring the payment up from $12,000 to $16,500. P10TION by Councilman Nee to authorize the City Attorney to make a counter offer to the Insurance Company of Suburban Engineering in the amount of $5,000. Seconded by Counciiman Starwalt. Upon a voice vote, aii voting aye, ;4ayor Liebi declared the motion carried unanimously. COVSIDERATION OF REFERENDUM TO ALLOW CITY TO ISSUE MORE ON-SALE LIQUOR LICENSES• f�OTION by Councilman Breider to approve the placement of the question of whether or not the City may be allowed to issue more on-sale liquor licenses on the ballot for referendum in November. Seconded by Councilman Utter. Upon a voice vote, all voting aye, i,layor Liebl declared the motion carried unanimously. 1374 - ORDERING _IMPROVEMENT, APPROVAL OF PLANS AND SPECIFICATIONS Pi0TI0N by Councilman Nee to adopt Resolution #50-197�, ordering improvement, approval of plans and specifications and ordering advertisement for bids for Street Improvement Project ST. 1974-10 (Sealcoating). Seconded by Councilman Utter. Upon a voice vote, all voting aye, ;•iayor Liebl declared the motion carried unanimously. RESOLUTION #51-1974 - ORDERING IMPR�VEMENT, APPROVAL OF PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS: WA1ER, SA��ITARY SEWER AND STORM SEWER IMPROVEMENT PROJECT #115: MOTION by Councilman Utter to adopt Resolution #51-1974, ordering improvement, approval of plans and specifications and ordering advertisement for bids for Water, Sanitary � i � � � � i �! 195 I � � REGULAR COUNCIL MEETING OF MAY 6, 1974 PAGE 22 Sewer and Storm Sewer Improvement Project #115. Seconded by Councilman Starwalt. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. RESOLUTION #52-1974 - AUTHORIZING THE ACOUISITION OF ADDITIONAL EASEMENTS AND RIGHT ECT � i MOTION by Councilman Starwalt to adopt Resolution #52-1974, authorizing the acquisition of additiona7 easements and rights of way for Water, Sanitary Sewer and Storm Sewer Improvement Project ST. 1974-1 ar�d ST. 1974-2. Seconded by Councilman Utter. Upon ! a Voice vote, ail voting aye, Mayor Liebl declared the motion carried un«nimously. , � � , ' � i I ' ' I � i , I I � I i � I� � I i � � � ' � ' ' � 1; � , Councilman Starwalt said this would call for the extension of Arthur Street from Mississippi Street to Rice Creek Road. He explained there are some home owners opposed to this project and some for it. He said he would recommend the continuation of the roadway through this area. Councilman Utter questioned the reason for this. Councilman Utter said he would� rather not.see the roadway continued through this area. Councilman Utter said this would eliminate any speeding in this area. ` The City Manager said he would negotiate this matter. He pointed out that there is one property owner who is opposed to this extension of the roadway. The City Attorney said one of the property owners has a swimming pool in this area and acquisition of the property would be expensive. Councilman Starwalt asked if it would be possible to authorize negotiations at this time. The City Manager said he would negotiate for the acquisiiion, but not condemn any property at this time. He continued, if acquisition would get to condemnation, the City would drop the issue and forg�t about the continuation at this time. Councilman Starwalt said another portion of the development under these projects would be on Bacon Street.• He explained the problems had been resolved for the improvement of one end, but the City would have to purchase or condemn the property at the other end. CONSIDERATION OF A RESOLUTION ADVERTISING FOR BIDS FOR CHAIN LINK.FENCE - COMMONS PARK: The City Manager said this fencing had been budgeted for. The Assistant Engineer placed a map of the Commons Park area on the screen and pointed out the area proposed for fencing. The City Attorney said the area would be a baseball diamond in the corner. Councilman Utter asked if the fenced area would be ]ocked up during the daytime so that no one would be able to get into the area. The City Manager said he did not know the detai7s on this point. He explained this to be a high activity area, as explained by the Director of Parks and Recreation, i�1r. Paul Brawn. He said at the present time, there is snow fencing around this area. • Councilman Breider said the Little League needs the fencing in this area to keep the bails off of 7th Street. Ne further indicated there should be some boundaries to determine home runs and foui balls. The City Attorney asked if the high school teams use this field. Councilman Utter said the 6 squad used this area. (�IOTION by Councilman Breider to adopt the resolution to advertise for bids for Chain Link Fence for Commons Park. Seconded by Councilman Starwalt for discussion purposes. The City Attorney said the snow fencing currently being used is dangerous. Councilman Nee asked if the whole Cominons Park area is fenced, where would the children fly kites. Councilman Utter said it is not possible to waTk across the park becawse of the amount of fencing. , � � i9G ' REGULAR COUNCIL MEETING OF MAY 6, 1974 PAGE 23 Councilman Nee said he thought there was too much fencing in the Park area at the present time. • UPON A ROLL CALL VOTE, Councilman Utter voting nay, Councilman Nee voting nay, Councilman Breider voting aye, Councilman Starwalt voting nay and Mayor Liebl voting aye, Mayor Liebl declared the motion FAILED THREE TO TWO. Councilman Breider said there is a need for the fencing because of the foul balls being hit out of the area and into the street. Ne further explained when the Little Leaguers hit the ball, they cannot determine if it is a home run and it usually ends up being something like a th.ree bagger. Councilman Breider said the coaches who play this field think there should be fencing to provide some protection so the ba]ls to not always end up on 7th Street. CLAIMS: ' GENERAL 35423 - 35617 � LIQUOR 8832 - 8874 MOTION by Councilman Nee to approve and pay the Claims as mentioned above. Seconded by Councilman Starwalt. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. CONSIDERATION OF MICHAEL SERVETUS UNITARIAN SOCIETY REQUEST TO HOLD ANNUAL AUCTION F i.�nT�irn nr crr. P10TION by Councilman Breider to approve the request for the Michael Servetus Unitarian Society to hold an annual auction with the fees waived. Seconded by Councilman Utter. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimous7y. LICENSES: BLACKTOPPING: BY APPROVED BY Fairfax Asphalt Inc. John Pfaff C. Belisle 6699 Ashton Avenue N. E. Fridley, Minnesota 55432 Northern Asphalt Construction, Inc. 11064 Raddison Road N. t. Gerhard Larson C. Belisle Blaine, Minnesota Pioneer B7acktop Inc. , 760$ 68th Avenue North Arthur Scherber C. Belisle Brooklyn Park, Minnesota 55428 GAS SERVICES: Advanced Heating & Air Cond. Inc. W. Sandin 7805 Qeech Street N. E. Donald Nodsdon Fridley, f�9innesota 55432 Mill City Heating & . Air Conditioning Co. Wm. Stevenson W. Sandin 13005 B 16th Avenue North Minneapolis, Minnesota 55441 Clarence E. Nelson Heating & - Air Conditioning Clarence E. iVelson W. Sandin 200 West Hayden Lake Road Champlin, �linnesota 55316 GENERAL CONTRACTOR: Amber Construction Inc. 6070 Stinson Boulevard Norman A. Dalberg C. Belisle Fridley, i�linnesota 55432 Aqualand Pool Company, Inc. �, Belisle 3400 Dakota Avenue South Harvey Blumenberg . St. louis Park, t�linnesota 55416 REGULAR COUNCIL MEETING OF MAY 6, 1974 GENERAL CONTRACTORS CONTINUED: BY Custom Pools 701 Excelsior Avenue E. Tim Hannan Hopkins„ f�linnesota 55343 Dahlmeier Constr�tction Co. 8460 Cottagewood Terrace Stan7ey Dahlmeier Minneapolis, Minnesota 55432 Gilbert Construction Co., Inc. 1202 Jackson Street Richard Gilbert �St. Paul, P�innesota 55117 Lumber King Company 5145 Oliver Avenue North Jerome Lorbubaum Minneapolis, Minnesota 55419 , Walter R. htaciaszek � � 6627 Anoka Street N. E. Walter R. D�laciaszek Fridley, P1innesota Metro Metals Inc. 4345 Lyndale Avenue North David Frankson Minneapolis, Minnesota 55412 Miles Garages, A division if Insolco 4500 Lyndale Avenue North John Pope Minneapolis, Minnesota 55412 Northland Holding Company, Inc. 546 West Main Street R. John Wallenbecker Anoka, Minnesota 55303 Wayne Roy Incorporated 8507 Rose Manor Wayne P. Johnson Golden Valley, Minnesota 55427 FIEATING: A & K Neat9ng 18936 Xebec Street Arvin Kuhn Wyoming, Minnesota 55092 Advanced Heating & Air Conditioning Incorporated Dona7d C. Hodsdon 7805 Beech Street N. E. Fridley, D1innesota 55432 fleming Sheet Metal Co. 775 Colorado Avenue South Robert Fleming Minneapolis, Minnesota 55416 Mill City Heating & Air Cond. Co. 13005 B. 16th Avenue North Wm. Stevenson Minneapolis, Minnesota 55441 Clarence E. Ne7son Heating & Air Conditioning Clarence E. idelson 200 West Hayden Lake Road Champlin, i�linnesota 55316 Thompson Air Conditioning Co. 5115 Hanson Court Floyd M. Thompson Minneapolis, i�iinnesota 55429 MASONRY: Mikedonald Cement Co. 4830 7th Street N. E. Donald W. Siegel Minneapolis, Minnesota 55421 1�'T PAGE 24 APPROVED BY C. Belis7e C. Belis7e C. Belisle C. Belisle C. Belisle C. Belisle C. Belisle C. 8elisle W. Sandin W. Sandin W. Sandin W. Sandin W. Sandin W. Sandin W. Sandin � � i , i j ; � { t 4 j i f' ; i j � 1 J�3 i � I , , r � , , I � � , � ' 1 I ' � REGULAR COUNCIL MEETING OF MAY 6, 1974 PAGE 25 MASONRY CONTINUED: BY APPROVED BY R. W. Sonderstrom Company 6820 Brookview Drive N. E. Russe]7 Soderstrom C, Belisle Minneapolis, Minnesota 55432 - ROOFING: Potvin Sales Company 7341 Commerce Lane N. E. Felix Potvin C. Belisle Fridley, Minnesota 55432 GENERAL CONTRACTORS: ' Pratt Construction Inc. Box 125 leonard Pratt C. Belisle Marine On the St. Croix, �tinn. . MULTIPLE DWELLING LICENSES: • OWNER: AD�RESS UNITS FEE APPROVED BY Peter J. �eururer 7125 Jersey Avenue North 390 57th Place 4 $15.00 R. J. Aldrich Minneapolis, Minnesota 55428 Fire Prev, John H. Ouellette 5901 2Z St. N. E. 6551 E. River Road 11 1fi.00 R. D. Aldrich Fridley, Minnesota 55432 Fire Prev. A. C. Mattson 6320 Riverview Terrace N. E. 137 Mississippi P1. 4 15,00 R. D, Aldric' Fridley, i�iinnesota 55432 Fire Prev, A. C. Mattson 6320 Riverview Terrace N. E. 157 Mississippi P7. 4 75.00 R. D. Aldrich Fridley, hiinnesota 55432 MOTION by Councilman Breider to approve the aforementioned licenses. Seconded by Councilman Utter. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. CONSIDERATION EOR REQUEST FOR TRAILER PERMIT BY LOCAL 683 U A W(AT FMC)• ��OTION by Councilman Utter to approve the trailer permit request by the United Auto Workers at the F. Ni. C. Plant in Frid7ey, Seconded by Councilman Starwa7t. L'pon a voice vote, all voting aye, i�iayor Liebl declared the motion carried unanimously. CONSIDERATION OF REQUEST FOR TRAILER PERMIT BY BURLINGTON NORTHERN TRANSPORT INC • A90TION by Counc9man Nee to approve the request for a trailer permit as requested by Burlington Northern Transport, Inc. Seconded by Councilman Starwalt. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. CONSIDERATION OF SAC LAWSUIT CHARGES AND PARTICIPATION IN APPEAL: MOTION by Councilman Breider to concur with the recommendation of the City Attorney for the participation in the SAC Lawsuit with the top cost of the appeal being set at $1,000. Seconde d by Councilman Utter. Upon a voice vote, all voting aye, � Mayor Lieb1 declared the motion carried unanimously. ESTIMA7ES: A. J. Chromy Construction Company - 5051 West 215th Street Cakeviiie, i�iinnesota 55044 ' and � Western Casualty & Surety Company PARTIAL Estimate #4 for work on construction of Sanitary Sewer, Water, Storm Sewer Improvement Project No. 114 $21,654.06 � � i I� � � , 3 s 3 t i i j : � z: � ' REGULAR COUNCIL MEETING OF MAY 6, 1974 PAGE 26 199 ESTIMATES CONTINUED: Les Standard Station 7680 T. N. 65 N. E. Fridiey, Minnesota ' Gas Purchases made by D. (�1. Noyes Construction Company on Sanitary Sewer, Water, Improvement Project No. 93 $ 480.51 League of Minnesota Municipa7ities - 300 Hanover Quilding 480 Cedar Street St. Paul, Minnesota 55101 Labor Relations Subscription Services March 14, 1974.through March i4, 1974 2,250.00 Smith, Juster, Feikema, Haskvitz & Casserly Builders Exchange Building I�inneapolis, Minnesota 55402 • Services rendered as Prosecutor by Carl Newquist � for April 1,295.00 MOTION by Counci7man Breider to approve and pay the estimates. Seconded by Councilman Nee. Upon a voice vote, all voting aye, ilayor Liebl declared the motion carried unanimously. . . APPOINTMENTS: NAME POSITION EFFECTIVE DATE SALARY REPLACES 7homas Kennedy Probationary May 10, 7974 $ 1,189.00 New position Police Sergeant authorized in 1974 Police � Budget. Kenneth Wilkinson Probationary May 10, 7974 $ 1,189.00 Linus Fritz Police Sergeant MOTION by Counci7man Utter to appoint Patrolmen Thomas Kennedy and Kenneth Wilkinson to probationary Sergeants effective May 10, 1974. Seconded by Councilman Breider for discussion pttrposes. The City Manager said the retirement of Linus Fritz, has created an opening and there is an additional opening that had been budgeted for. Councilman Breider asked if this was to be taken from the current operating budget and Mr. Hil], Public Safety Director said this.is true. � f�layor Lieb1 asked if these two men had finished the highest in the test and Mr. Nill said this was the number one and number two highest in the test. h1r. Hill explained through the Police Department new scheduling there is a need for six sergeants. UPON A ROLL CALL VOTE, ali voting aye, Mayor Liebl declared the motion carried unanimousiy, COMMUNICATIONS: . SPRING BROOK NATURE CEN7ER FOUNDATION: REQUEST FOR SIGNING AND FENCING OF NQRTH PARK: The City Manager said the Administration is looking into the request and he pointed out the memo from the Director of Parks and Recreation,'Mr. Paul Brown. Ne stated ' the problems are not going to be stopped by the installation of snow fencing. He indieated the CIty is doing ali they can to stop the problems at the present time, but, unless the area is constantly policed, this would not be enough. Mayor Liebl asked if there could be additional signs installed, The City Manager stated there are signs all over the area. • � LJ r ' , � r ' ' , , C� ' ' i , ' � LJ ' 20U REGULAR COUNCIL MEETING OF MAY 6, 1974 PAGE 27 Councilman Utter said there are signs on both sides of the trails and the vehicles drive right through them. Councilman Breider noted it is not possible to park a car up there with the installation of the snow fencing. Councilman Starwalt said this is true, and it makes it impossible to even walk through th,e area. Councilman Starwalt said he would suggest the laws be enforced more actively. P1ayor Liebl indicated he wished those who are dumping in the area would be prosecuted. Mayor Liebl said the 7aws should be v�gorously enforced and authority shou]d be given the Police Department to spend additional time in the North Park area. Councilman Utter said this would take someone posted in the area at all times. Councilman Starwalt said the abuses should be stopped whether they are pedestrian or vehicular. • W�yor Lieb1 again stressed, the dumping shouid be stopped. (�10TION by Councilman Nee to receive the communication from the Spring Brook Nature Center Foundation dated May 1, 1974 concerning the request for signing and fencing the North Park site and also the memorandum from the Director of Parks and Recreation in rep7y to this request. Seconded by Counci7man Utter. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. LEAGUE OF WOMEN VOTERS: THANK YOU FOR ATTENDING LEAGUE'S CONFERENCE: PIOTION by Councilman Utter to receive the communication from the League of Women Voters expressing thanks to those who attended the League's Conference and dated April 26, 1974. Seconded by Councilman Nee. Upon a voice vote, all voting aye, P�1ayor Liebl declared the motion carried unanimously. RECEIVING THE SE7TLEMENT PROPOSAL REGARDING METRO 500, INC., VS. CITY OF FRIDLEY: hi0TI0N by Counci7man Utter to receive and concur in the settlement proposal regarding Metro 500, Inc., vs. City of Fridley. Seconded by Councilman Breider. Upon a voice vote, all voting aye, tiayor Liebl declared the motion carried unanimous7y. ADJOURNMENT: . MOTION by Counci7man Utter to adjourn the meeting. Seconded by Councilman Starwalt. L'pon a voice vote, all voting aye, �•iayor Liebl declared the Regular meeting of the Fridley City Council of May 6, 1974 adjourned at 2:32 A.M. Respectfuily submitted, �� G�,�e��-.-c_. Patricia Ranstrom Secretary to the City Council V� � ate pprove � � Frank G. Liebl, Mayor � , I , �� . � � :r 0 � ' � ' . _ _ .-P,.�,,,�,,,,,� �� f� , , r TNE MINUTES OF THE PUBLIC HEARING MEE7ING OF THE FRIDLEY CITY COt1NCTL OF MAY 13, 1974 : ,j ` r ., i ; �,.. , ; . . �I� . � , k: . ;< ; �_ � � �. � � . �� . . � � �� T � •� � � � . . . � . . . .. .�. . � _#±. .. �. . . . . , . . . , {: . � .. . . � � . . . , , p I I . . . � � . . . . ' f . � , ' I i � ' I ' � ' � '' ' � � � ' I � III , ! � �� ' ' I ' ' c; v k - TNE MINUTES OF 7HE PUBLIC HEARING MEETING OF 7HE FRIDLEY CITY COUNCIL OF MAY 13, 1974 The Public Hearirg Meeting.of the Fridley City Council of May 13, 1974 was cal7ed to order at 7:30 P.�1. by Piayor Liebl. PLEDGE OF AttEGIANCE: Mayor Liebl led the Council and the audience in saying the Pledge of Allegiance to the Flag. ROLL CALL: MEMBERS PRESENT: Councilman Starwalt, i�ayor Liebl, Councilman Utter. Councilman Nee, and Councilman Breider. MEMBERS ABSENT: None. ADOPTION OF AGENDA: M�yor Liebl said the following items were to be added to the agenda: #6 Nature Interpretive Program #7 North Park Development #8 Special Approval to Fridley Jubilee Committee to Set Up Banners and Other Signs in Public Areas. � P10TION by Councilman Starwalt to adopt the agenda with the additions listed by Mayor liebl. Seconded by Councilman Utter. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. PROCLAMATION: PROCLAMING MAY 12 THROUGH MA`f 18, 1974 AS "POLICE WEEK": MOTION by Councilman Utter to adopt the Proclamation designating May 72, 1974 through May 18, 1974 as "Police Week". Seconded by Councilman Starwalt. Upon a voice vote, all voting aye, i)ayor Liebl declared the motion carried unanimously. PUBLIC HEARINGS: PUBLIC HEARING ON STREET IMPROVEMENT PROJECT N0. ST. 1973-1: 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 the Public Hearing opened at 7:32 P.M. HORIZON DRIWE: THIRD STREET 70 53RD AVENUE: ' The Assitant Engineer, P1r. Dick Sobiech, stated this was in the Summit Manor area and the final price per foot for the front assessment would be $12.08 and the ; estimated amount at the preliminary assessment hearing had been $13.60. He pointed I out that the side yard assessment would be $2.06 per foot. Mayor Liebl asked if there were any questiones concerning this area and there was no response.• . j HUGHES AVENUE: PANORAMA AVENUE TO HORIZON DRIVE: The Assistant Engineer said this area was within the same project and the assessment i amounts would also be $12.08, front, and $2.06 per foot for the side yard assessment. There were no questions or complaints concerning this area. CLEARVIEW LANE: PANORAMA TO HORIZON DRIVE: The Assistant Engineer said this would be the same amount as the previously mentioned areas. Tl�ere was no response when Mayor Liebl asked if there was any questions concerning this area. , TOPPER LANE. HORIZON DRIVE T0 300 FEET SOUTH: The Assistant Engineer said this would,be the same amount. � I � � - � ' ' ' 202 PUBLIC HEARING MEETING OF MAY 13, 1974 PAGE 2 i•tr. �aymond Smith, 5060 Topper Lane, addressed the Council and questioned the method of assessment on the circle. He said he had a 50 foot frontage lot and was being assessed for 75 feet. The Assessor, f�",r, i•1ervin Herrmann, stated it was a matter of policy to assess the pie shaped and odd shaped lots at the setback line to equalize the assessments in the area. Tne City Attorney further exp7ained it would not be fair to the remainder of the people of the area if the assessments were figured on the small amount of front footage, wi�en ti�e people on the cul-de-sac use the roadway to the same extent and also have very large lots. He said this is the reason the assessment is f�gured at the setback iine. He pointed out that the people living on the circle would be paying an amount equal to the improved roadway. A member of the audience asked it it would be possible to access these properties 1 on a square foot basis. The City Attorney exp7ained that this would not be a � fair method of assessment because lots vary so much in size, and it wou7d not be ! fair to assess a person with two acres for the usaae of the roadway four times as , much as someone with one fourth the mount of property. He stated, the large property would not use the roadway.four times as much. • '. � Another resident of Topper Lane questioned if this was a fair way of ass�Ing � the circle when the total roadway on the circle would be smal1er than'the area of the straight road. He said his assessment is $1,060.50 and'he believed there ' was less road constructed on the circle by his home than tfiere was for someone I with a 75 foot frontage. ' ' , ,� ; ;;�.;::.. , ., .'. . -. . ' ' ' � , The Assessor pointed out that the cul-de-sac area is twice as wide as a normal section of roadway because there is a 40 foot radius, or this would be 80 feet in width. He stated the amount of area covered wou7d be very close to the same amount as in the straight sections. He also pointed out that everyone uses the remainder of the road and those living on the circle wou7d need this section for access and egress. He stated, they would not be ab7e to drive out of the circle, and those on the cul-de-sac wou7d have to help pay for the balance of the street. A resident of the area asked if the total cost of the circle or the section of road were added together and divided by the number of homeowners, would the total assessment come out to be approximately equa7 to the assessments received by the people of the area. The City Assessor pointed out that the praject had been figured together because the people of the area all received the same benefit for the installation of the improvement. Ne also explained when some are assessed 35 feet back or at the setback line, and others with the larger frontage are assessed for the front footage, this equalizes the assessnent which makes them in line with the amount of benefit received. He repeated the policy of assessment of the pie shaped and odd shaped lots in the Ci�y of Fridley. Mr. Smith further commented that those in this area had already pa.id for the construction of the roadways that had been installed by the developer of the area. He stated, they were paying for streets twice. The Assessor said the City follows the previously described policy to try to equalize the amount of the assessments just as the contractor had in the development of the area. Mr. Smith said he believed those on the circle were being penalized for having less frontage. . Another property owner in the audience stated comparing the assessment figures for the area, it seemed those living on the corner lots were paying alinost double the amount of those in the center of the block. The Assessor agreed, saying the corner lots would receive a much larger assessment. A resident of the area said he would like to bring it to the Council's attention that there are large cracks in the roadway on Horizon Drive where it meets 3rd Street. Ne said he believed this section of roadway was already deteriorating. PANORAMA AVENUE: �1AIN STREET TO THIRD STREET: The Assistant Engineer said this was also the same price per foot as the previously ' - mentioned areas. _ The City Manager said all those streets in this grouping, a total•of about ten, had been determined as the same type of construction and figured the same. ' I Mayor Liebl asked if there were any questions concerning this area and there was no response. ' � n � �� , ' ' ' �� ' , ' ' ' ' 203 � PUBLIC HEARING MEETING OF MAY 13, 1974 GIBRALTAR ROAD: ROMAN ROAD TO 55Q FEET WEST: PAGE 3 Mayor Liebl asked if there were any complaints concerning the quality of the construction in this area. • , A resident asked if his assessment in the amount of $i,060.50 was a fair and reasonable amount. The Assessor explained the lowest assessment in this area would ' be $906 and this would be for the 75 foot lots where there is no side yard assessment. He explained the next assessment would be $1,060.50,. or the amount the resident had been assessed. He said this would be one of the minimum assessments. � The resident asked if interest would be charged for ten years if the total assessment was not paid at this time, hir. Brunse]] explained that the interest rate would be 72% for the period of ten years. He said the interest would accrue from the date of the public hearing on the final assessment roll. He said the residents are allowed 30 days in which to pay the assessments without the charge of interest. Ne further explained it would be possible to pay a substantial portion of the total assessment at the present time without the interest being charged. He pointed out . that the minimum payment would be $300. He further explained, if the lump sum payment is not made, or if only a partial payment is made, the interest on the balance would be figured at 72% from May 13, the date of the hearing. A resident of the area asked �f those assessed would have the option to pay the total or lump sum at the present time, or be billed on the tax statements each year for ten years. Tha Assessor said there would be two options, if the amount�is not paid in full' before the end of the 30 day period, the remaining amount would be billed with the tax statement. He said the entire amount could be paid now, a portion of the amount could be paid now, or the remainder would be paid by the year until the balance is paid. He said this amount would be reparted on the tax statement twice a year and paid like the real estate taxes. He said this money is not paid directly to the City at these times. A resident asked if i.t would be possible to pay one half of the amount and have the remainder of the assessment be placed on the tax statement. The Assessor said this would be possible. � Mayor Liebl asked if there were any other questions from the residents of this area and there was no response. PILOT AVENUE: P'�AIN STREET TO ROMAN ROAD: Mr. Clarenee Krueger, 173 Pilot Avenue, addressed the Council and said there is a crack in the roadway in front of his home. he said there is a dip 9n the road where water stands in the street. He said the road had this low area before the improvement, and this is why the improvement had been petitioned for. He said the frost is breaking up the roadway. He said before the construction, the water ran down the street, now it runs into his yard. Councilman Nee asked Mr. Krueger if he is below the grade of the street, Mr, Krueger explained with a good rain where the roadway is only half full, the water will run right by, but some of the time it runs straight into his yard. Mayor Liebl pointed out that Pilot Avenue s7opes from Main Street to Roman Road and the water should run to the east, but runs into the Krueger driveway. Mr. Krueger said this would be during a heavy rain. Mayor Liebl said this was to be a crown shaped road where the water wouid run on both sides of the street. Councilman Nee asked if the problem was caused by the curbing being cut too low. i1r. Krueger said this would be the problem. i�1r. Krueger said he would like to see this area fixed, but he could liv.e v�ith this if it was not possible at this time. ifr. Krueger pointed out on the map of the area how the roadway makes the same dip as the eievaiion of the surrounding land. Ne said this water forms a lake in the spring until the frost is out of the ground and the water disappears. He said in the construction of the street, the same dip was followed. ' The Assistant Engineer said he would like the address of the residents and the area which was being discussed and he would view the problems in the fie7d and make a determination. i�ir. Krueger said the dip had been made to follow the lot lines. ' `-- ---------- — -- -- - ------ ----- ' � � �J � � , 2p� PUBLIC HEARIfdG MEETING OF MAY 13, 1974 PAGE 4 The City Manager said if there is any problems in the constru �ion of tye improvement project, they should be reported to the City Engineer and they would be corrected. The City Manager further explained that the City has a time period of one year maintenance bond from the contractor to correct the problems. Nlr. Krueger said there was the same problem with the o1d road, it was the same way. He said in the spring and winter months, the water stands in this area until the frost is out. Another resident of the area asked if there would be some sort of sealcoating placed on the street. The City Manacer said ii is the policy of the City to sealcoat every improved street in the City every so often. He said this cost of the improvement of sealcoating wouid be taken fr.om the generai fund and not assessed to the abutting residents. ihe resident reported that there are some cracks in the road. Mayor Liebl said these cracks would have to be corrected now, there is only a one year time limit in this correction process with the contractor. He further explained, the Engineering Department should tse notified, and they would determine what is to be done. Mr. Krueger said there are cracks in the street in the area of the dip 9n the street. Nlayor Liebl said this low spot should be eliminated, and perhaps some of the curbing would have to be taken out to rectify this. I Mr. Uale Hoskins, 4924 Roman Road, addressed the Gouncil and said when the contractor j of his home had put in his driveway, he had troiied it, now, when the improvement '• � was installed and the driveway replaced, the improvement contractor has swept it. J Mr. Hoskins said he was not satisfied with the sodding either. � I The City Manager asked Mr. Hoskins if he had reported this to City Hall and Mr. I Hoskins saidhe had not. The Gity Manager said anyone who has dead sod should cail the City Hali and report this and it would be replaced. He directed those callers to Mr. Dick Sobiech, the Assistant Engineer. ' � ' ' ' LJ ' ' Councilman Utter said there had been other people who had complaints concerning the.sod, and this had been taken care of already. Mr, Hoskins said there was not any problems with the sod last year, it was this spring when the grass was starting to come back. Councilman Utter said it would take a 7onger time to repair the prob7ems after waiting this 7ength of time. Another resident of the area also complained about the installation of the sod saying it is dry and rips right out. (The resident said his address is 760 Panorama Avenue.) Another resident said he had also had problems with the sod at 131 Panorama Avenue. ROMAN ROAD: 49TH AVENUE TO PANORAMA AVENUE: I�tr, Thomas Kelly, 4917 Roman f�a d, addressed the Council and said there are.large cracks in the road in his area. He further pointed out that there is one in front of his home and two to three down the b]ock. Mr. Allen Swanson, 4964 Roman Road, said he was the only one with a front and side yard assessment on his property. The Assessor said he did have a front and side yard assessment. A resident of the area asked what the road limits were on the improved streets. The City Manager said there would be a four ton limit on the streets in the spring months, but there would be no limitation during the remainder of the year. The resident asked if the large type semi trucks were allowed to travel the roads. The City Manager said if they are doing this in the spring, the residents should notify the Police Department. STARLITE BOULEVARD: 61ST TO SYLVAN LANE: The Assistant Engineer informed the Council that this was still in the same area and ' would receive the same assessed amount for the front and side yard assessments as � previously mentioned. Mayor Liebl asked if the assessments in this area were consistant w�th the po]icy fol]owed by the City for many years, and the Assessor said yes. The Assessor continued to explain the area had been checked for previous side yard � , assessments and for the area not assessed by the first improvement, the side yard � , � �_ _ --- ---- ---- -- --- — --- --------- _ __-- -------------- - — -----! I� I. 1� I ' I � ' ' ' � ' u � � � � �� - PUSLIC HEARING MEETING OF MAY 13, 1974 PAGE 5 areas were assessed for this improvement. Ne said this had been determined down to the feet of frontage covered on each of the areas. Mayor Liebl asked if the water still stood in the area, He continued to comment f�ad had heard the peopTe were concerned about the water standing in the sidewalk area. The people of the area indicated the water does not stand in the sidewalk. t�1r. Clarence Peterson, 6241 Tti°inity Drive Northease, addressed the Council and questioned if he had been assessed for a ful] side yard assessment and paid this previously. He asked if it would be possible to see the records to determine if this could be a double assessment. ' Councilman Utter explained there had been some confusion in this area about the . receipt of the notices. Ne explained there would be no assessment for the sidewalks. ; Councilman Breider affirmed this statement saying the cost of the sidewalk had come , out of the generai fund. The City Manager explained the notices had been sent to the affected residents, but the cost of the sidewalk would be coming from the general fund. ' A res•ident of Trinity Drive said the area residents did not want any additiona] . ; sidewalks, and they had all received the forms of notification from the City which ; indicated the mention of the installation of the sidewalks. i�ayor Liebl stated there would be no sidewalks in this area. A resident of 7rinity Drive said ten different people had called concerning this matter, and received ten different answers. He restated, every caller got a different answer. The Assistant Engineer said if the cierks answered the ca7is and looked at the notice, they would state there were sidewalks in the improvement. He said the only installation of sidewalks was the one being paid for by the general funds, and no additional sidetva7ks are planned for this area. Mayor Liebl said there may be some confusion at the present time because the Council and the staff are currently working on an overall sidewalk plan for the City. He showed the�map of the overall proposed plan to the members of the audience, and said those noted would not be completed for a matter of years, and on7y those people who wanted sidewaiks and needed them for safety reasons would be incTuded in the p7an. He said there are high priority areas for the installation of the sidewalks. He cont9nued, this would be done in conjunction with the wishes of the people and funded by general funds. A resident of the area asked if there was a long range plan fDr the placement of � curbing on all of the City streets. Mayor Liebl said yes, this is a ten year plan. , The City Manager said 85% of the City's streets have been improved. . Mayor Liebl pointed out that the cost of maintenance of the City's streets are cut to 10% after the installation of the improvements. He further explained with the seaicoating, the streets wouid last many more years. ' � Mr. Krueger said he had paid for two streets whi7e he resided in the area, and asked how many more he would have to pay for. Mayor Liebl responded, the street should last at least 20 years. ih� City Manager said this was a current conservative , estimate and he wished he would be atrle to state a longer period of time, out would ' not want to make a statement which would for some undetermined reason, become false. He further explained the City had purchased another street sweeper and with the sealcoating and proper maintenance, this will make them last much longer. � � ' 1 � Mr. Krueger said he believed the City staff did an exce7lent job of snow plowing in the winter months. Mayor Liebl stated, with the improved streets, this operation should become easier and more efficient. The City Manager said none of the money for the improvement of the streets would come out of general funds, this is all assessed to the abutting home owners. He said the cost of the maintenance of the City's streets does come out of generat funds and all of the City takes care of this.� He said the costs of patching and . maintenance of the unimproved streets is extensive. Mr. Herbert Neeser, 6220 Starlite Boulevard, addressed the Council and questioned the placement of the large asphalt chunks and pieces of concrete in i:he vacant lot in the area of his home, f�tayor Liebl said this is private property and it does look bad. He suggested the owner be contacted to alleviate.this problem by ' �J � ' ' ' � � 1 � � � � � L_I � � 20� PUBLIC HEARING MEETING OF MAY 13, 1974 PAGE 6 covering and sodding. The Assessor said the City staff had been taking the chunky fill out of the area, but the owner of the property had called the City offices and informed them that there was a restrictive covenant in this area which stated no material would be removed from the p7at. The resident.questioned if all the stipu- lations in such a covanant would be respected. He mentioned the contractor had promised the buyers of the property in the plat that there would be trees planted along the railroad tracks, and this had not been done. The City Attorney said this type of agreement is between the developer and the property owners, and the City does not become involved. he said this type of agreement for the placement of fil7 is q�ite common practice in development. He said there may be some 7ow areas where the fil] from the digging of basements and excavation of the higher areas wou7d be needed to develop the entire area. Counci]man Breider said there is a requirement that if this type of fill is used in the City, it 4�i1) be covered with b]ack dirt and sodded. Mayor Lieb7 said the property owner should be notified about this requirement. A resident of the area said he would like it a matter of record that there are cracks in Starlite Lane. ` The City Manager said this is a condition that is a natural process and would be corrected in the sealing. He said there is also a crack filling that is used. Mayor Liebl said the City should insist the contractor do as much as possible at the present time to provide a good street. A resident of the area, stating he lived on C)earview, said he was to7d that a7l of the assessments were paid on his property. He explained he had just moved into the home a couple of months ago. He again stated the seller had indicated that all of the assessments and pending assessments had been paid. The City Attorney said if the home closfng was just recently, he was sure that the current assessments had been pending at that time. I�e saia he thought the seller had a 7ega1 responsi- bility to pay the assessmenis. SYLVAN LANE: STARLITE BOULEVARD TO JU?ITER DRIVE: A resident of the area said there was a rea7 problem with this section and there had been before the street was installed, and this was the reason the street had been petitioned for. He continued the area had been promised a crown street, but it is as flat as can be. Ne said the water comes around the corner just like it is in an open sewer. The City Manager said the street did have a crown, but his may be a minimal crown. He said the Engineering Department would look at his if the water runs across the road. Mayor Liebl said the people in this area had petitioned for the street because of the water prob7ems in the area, now, they are paying for a street and still have the water problems. t�r. Wil3iam Zurbey, ]45 Sylvan Lane, explained that the water goes over the top of the curbing and runs like an open sewer. He add�ed, if the catch basin plugs, i.t f7oods the entire intersection. Mr. Pau] Scherven, 137 Sylvan Lane said the catch basin is higher than the grade of the roadway and the water stands in the street. f�ir. "Lurbey said if the road were a crown road, the water would run on both sides of the street, Councilman,Breider said when the improvement was to be installed, ihe City had told the people in this area that they would receive good drainage after the improvement He said the Engineering Department had better get out there and look at this area. Counci]man 8reider said he had a]so received compla�nts that there was no black dirt on the top of the ground before the sod was placed there. Mr. Ed Wetterberg, 175 Sylvan Lane, said the sod had been laid unevenly in his yard and after the winter, it had sunk. tiayor LIebl said he had seen this area and agreed that the sod needed to be replaced. ��1r. Wettergerg said there also is some work needed on the driveway because it was replaced with ridges. Mr. Alvin Ricks, 761 Sylvan Lane said he also had problems with the sod. He explained there was a big hole in the area and it is impossible to mow the grass by the curbing. The City Manager said the Assistant Engineer would review the area. 207� PUBLIC HEARING MEETING OF MAY 13, 1974 66TH AVENUE: PIERCE STREET TO CHANNEL ROAD: PAGE 7 The Assistant Engineer said the front yard assessment per foot would be $10.21 and the side yard would be $2,44. Ne pointed out that the estimaied price at the $�eliminary assessment hearing was $11.09 and this was a decrease of from 7 to 0 A resident of the area which had been previously heard asked why this area's assessments were a different price. The City Manager said this is a narrower roadway, and this is a little less expensive. ALLEY: BETWEEN BEECF� ANU HICKORY STREETS, 78TH AVENUE TO 79TH AVENUE: I�ayor Liebl pointed out that this was an industrual project. The Assistant Engineer said the price would be $4.14 and had been estimated at $5.14 per foot. ' SERVICE ROAD: EAST SIDE OF RAILROAD TRACKS FROM MISSISSIPPI STREET TO RICE CREEK: The Assistant Engineer said the Bur7ington Northern Railway assessment would be $i,500, Fridley Bus Company's assessment would be $2,893 J7, and Designware's assessment would be $5,787.53. Mayor Lieb7 asked if there was anyone present to represent Burlington-Northern and there was no response. Mayor Lieb7 asked if Mr. Brink from Designware was present, tiir. Brink answered. Mr. Dave Brink, Designware, addressed the Council and said he had talked to the people at City Ha71 concerning this assessment and they`nad indicated there were three different assessment rolls possible, and the figures arere not the same as being auoted at that time. Mr. Brink explained the maximum benefit to his property in 7ight of the possible future expansion of this business to be limited. He questioned the need for extensive future expansion of this facilty to the maximum point when in the past 14 years there had not been any need for extensive expansion. t1r. Brink explained neither he or the representatives of the Bus Company favored the installation of this roadway, but, unfortunately, it had been determined that the access in the other area wou7d not be suitable. He said he felt the real benefit was to the Fridley Bus Company. Mr. Brink continued saying he finds it hard to believe that he would have to pay for more than one ha7f of the assessments for the road, and certain7y not two thirds. He again stated he had heard there had been three proposals for this assessment. He comnented, if the assessments are considered according to the benefit received, he could not see any rea7 benefit in favor of Designware, not even one half of the cost. Mayor Liebl asked Mr. Brink if he thought the amount of the assessment was too much, and Mr. 8rink said if the costs are divided, he felt he shou7d perhaps pay 30% of the cost, not including the amount assessed to the railroad. Mayor Liebl sa9d the cr�teria in the City of Fridley is that the abutting property owner is assessed in industrual and commercial areas. i�tayor Liebl said there was an offer made by Burlington Northern to pay a portion of the assessments. Mr. 6rink said he felt this to be very generous on the part of Bur7ington-Northern. Nlayor Liebl asked if there was anyone present representing the Fridley Bus Company. Mr. Garl Newquist, Attorney, addressed the Council and said he was speaking on behalf of the Fridley Bus Company. He recalled the parties involved in the assessment of this area, Burlington-iJorthern, Designware and the Fridley Bus Company had met with members of the Fridley staff on February 14, 1974. He said at this meeting, it had been determined how the assessments would be spead out. He said at this time the Bus Company assessments were $1,300 and they had offered to pay approximate7y $2,500. He pointed out that this is almost double what the assessment amount would have been. t�lr. Newquist felt that Designware could not be considered because of the currently being used portion of property. He po�nted out that Designware owned eight lots and the Fridley Bus Company had only one iot. He said the assess- ments had to be determined not on what is being used in that area today, but what couid be done to the area in the future. Mr. Newquist stated the Fridley 8us Company would not pay anymore than the $2,500 to settle the matter. � 2 U 8 ------- ' � i � � ' ' i � � PUBLIC HEARING MEETING OF MAY 13, 1974 PAGE 8 h1r. Brink pointed out that the amount of property being used at the present time to be 40%. He said the maximum amount of bui7ding that could be done on the propet•ty would be 50 %, and there would be no need for the roadway. He said with the building restrictions and requirements, there is no value on the remainder of the property except for greenery. He stated, they are paying heavy taxes for greenery. rviayor Liebl said the final assessment roll would be adopted at the following Monday's Regular Council meeting. UNIVERSITY AVENUE WEST SERVICE DRIVE: 392 FEET NORTH OF OSBORNE TO 79TH AND T. H. #47 SERIIICE: 79TH AVENUE 70 81ST AVENUE: • i I� The Assistant Engineer said the estimated cost for this area had been $27.98 per ; foot and now the fina7 price wou7d be $25 per foot. He pointed out that there I was some concern over the soil conditions in this area, and they were not as bad � as expected. I. Mayor Liebl asked if there was any question about this area and there was no response. 77TH AVENUE: MAIN STREET TO RANCHERS ROAD: The Assistant Engineer said this area had been estimated at $23.99 per foot and the actual cost was $15.06. ' Mr. Richard Harris, addressed the Council and asked if the City staff or Comstock � and Davis had designed 77th Avenue. The City Manager said this had been done by the City staff. f'ir. Harris questioned if the person who had designed 77th was able to read instruments. He said the elevation of the street is the same elevation with . the floor of the building. He stated, the parking lot cannot be drained. � L � ' ' �� r � � Mr. Harris also mentioned the method of figuring the assessments in this area is not correct because this is not a norma7 b7ock. itr. Herrmann pointed out the method of assessment in this area and said this is a matter of po7icy. Fie said this area was figured the same as the Main Street area. RANCHERS ROAD: 77TH AVENUE TO 79TN AVENUE: � The Assistant Engineer said this was in the same prolect and the assessments were the same as 77th Avenue. 81ST AVENUE: BEECfI STREET TO MAIN STREET: 7he Assistant Engineer said this was in the same project also. He repeated the front assessment to be $51.06 and the side yard to be $2.08. BEECH STREET: 79TH TO $]ST AVENUE: Mr. Sobiech said this was also the same price and the same project. Councilman Breider questioned the reason for the side street assessment on the ieft side of the street. i�e said there had not been any improvement which would be assessed as a side yard in this area. iir. Herrmann said he would check on this area and report back to the Council the following week. 78TH AVENUE: ALLEY BETWEEN HICKORY STREET AND BEECH STREET: The Assistant Engineer said this was the same assessment amount as the previous]y mentioned areas. . SIDEWALKS: STEVENSG�7 SCHOOL: STARLITE AND TRINITY: The City Manager said this had not been assessed to the people of the area, it was to be paid out of general funds. • OVERLAY: 73RD AVEPlUE: Councilman Breider questioned the difference in the surface elevations stating if a car is driven over the bridge, it throws the car. Councilman Utter agreed to this point. . . —� , � t I � � ------� i � � �. � ' 1 � 1 Z09 - PUBLIC HEARING MEETING OF MAY 13, 1974 PAGE 9 The Ciiy Manager said this had been done for this reason to provide for additional services to be installed when the area is developed. He pointed out this is an industrual area and it had not been determined what type of services would be needed in this area. The City Manager said it would be possible to insta�7 some material for the transitional area. CURBING: BEE�H STREET: 77TH 70 79TH AVENUE• The Assistant Engineer said the amount of assessment for this curbing would be $4.93. � ! Mr. Richard Harris, addressed the Council and said he had a question with the amount of assessments for 78th Avenue, He recalled the people owning property in the area were promised by the Council that they would be credited for any mat placed in this area previously, when the final improvement was installed. r_ � � ' 1 .; � • ' i I � � i � � � i � i. � I � I. , t__ � — Councilman Breider agreed, saying this had been done by Council Resolution, and he said the people were to be credited back the money Which had been previously appl'ied for the mat. hir. Harris said he would receive a credit of $1,600. flayor Liebl agreed and stated the Administration should locate this resolution and also credit the money due to ihe property owners in the area. h9ayor Liebi asked if there were any questions concerning the installation of curbing on Beech Street and there was no response, CURBING ELM STREET: 77TH AVENUE TO 79TH AVENUE: CURBING: t�1AIN STREET: 777H AVENUE T0 79TH AVENUE: CURBING: .69TH AVENUE: STIidSOiJ BOULEVARD TO 1300 FEET WEST: The Assistant Engineer said the fina7 price of the assessinent for the curbing in the aforementioned areas wbuld be $4.95. There were no questions concerning this assessment. I�IOTION by Councilman Utter to close the Public Hearing, Seconded by Councilman Starwalfi. Upon a voice vote, ali voting aye, Mayor Liebl declared the motion carried unanimously and the Public Hearing on ST. 1973-1 c7osed at 9:28 P.bi. PUBLIC NEARING ON STREET IMPROVEMENT PROJECT N0. ST. 1973-2: h10TI0N by Councilman Utter to waive the reading of the Public Hearing Notice and open 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 on Street Improvement Froject ST, 1973-2 opened at 9:29 P.f�l. fdAIIV STREET: 79TN AVENUE TO 83RD AVENUE: The Assistant Engineer said the estimated price for front footage had been $28.01 and the final assessment for front footage wi7] be $76,95. He exp7ained, it was throught that there would be trouble in this area with the subsoil, which did not prove to be any problem. He said tn;: side street assessment would be $1.90. Mr. Richard Harris questioned the high cost of Main Street on the north of 79th. He said he wouid pay his assessments for this area, but would pay them in protest because of the high amount. He compared the high assessment received in this area in 797] with that received at the present time. 14r. Harris reca7led th9s assess- ment was much higher than the $16.95 quoted at the present time, and thought it was in the neighborhood of from $19 to $20. P�1r. Harris said he had protested the high amount at the time of the assessment hearing on this roll. He said he had been answered by the former City Manager, iir. Davis who wrote that his objections were unfounded. He questioned why the assessments for one end of the street should be so much higher than on the other end. He stated, the soil conditions in the area now being assessed are not up to those in the north end. He said he did not think he had been treated fairly in this instance. . , , ' � � ' � , , � , ' � ' � � 210 PUBLIC HEAkING MEETING OF MAY 13, 1974 83RD AVENUE: i�IAIN STREET TO UNIVERSITY AVENU�: PAGE 10 The assessments for this area were ihe same as on Main, mentioned previously. There was no comments concerning this improvement. 79TH AVENUE: BEECH STREET WEST TO ALLEY AND MAIN STREET TO UNIVERSITY AVENUE: This assessment was explained to be the same as Main Street. There were no objections or questions concerning this portion of the project. 79TH AVENUE - CURBING: QEECH STREET TO MAIN STREET: 61ST AVENUE: STARLITE BOULEVARD TO MAIN STREET: There were no questions on this portion of the improvement. � f�i0TI0N by Councilman Breider to close the Public Hearing. Seconded by Councilman Utter. Upon a voice vote, a71 voting aye, Mayor Lieb7 declared the motion carried I unanimously and the Public Hearing on the Assessment Roll for ST, 1973-2 closed at . 9:36 P.M. CONSIDERATION OF VARIANCES REQUESTED FOR A RESIDEPJCE ON LOTS 33 AND 34, BLOCK A, IVERVIEW HEIGHTS ADDITION, 312 HUGO STREET N. E. TABLED MAY 6, 1974 : Mayor Liebl 7isted the communications which were included in the agenda material to be as follows: � Communication froin Darrel Clark, Community Development Administrator to Virgil Herrick, City Attorney, dated April 75, 1974; letter from Mr. Arnold I. Feinberg, Attorney for Fred S. Yesness, Inc., to the City Manager, dated April 9, 1974; , letter from Mr, P,o. 0. Zaczkowski, 314 Hugo St. i�. E., to the City Engineer at that time, Mr. IVasim Qureshi, and dated August 3, 1970; and a communication from Mr. R. E. Venne, adjacent property owner, to Mr, fdasim Qureshi, dated August 3, 1970. ; The City Attorney said the letters had been submitted for backgrnund material for the Council's consideration. He said he had brought this matter to the Council's attention because he had received a letter from the applicant's attorney and had also talked to the attorney on occasion. Fie said if the Council took action to deny the request, the applicant would likely go to litigation. He said he was not saying the Council should grant the request, �ie was only informing the Council if they do not grant the permit, the applicant would most likely bring action against the City. The City Attorney continued to explain that the property owners of the two lots adjacent to the property have objected to the buiiding being constructed on a 50 foot lot. Ne added, most of the other lois in the area are larger and the Ciiy has granted permits to 50 foot lots in the City. Councilman Breider repeated, the man wants to build on a fifty foot lot and there is a vacant 50 foot lot adjacent to, this. He said he thought the Council should consider the adjacent situation. He said the Council had granted permits where there is no building site next to the property in question. Coiancilman Breider felt even if the City were to be brought to litigation on the matter, the Counc9l shou7d take action to not grant the building permit on a 50 foot lot. He stated, the people of this area have tried to build up the standards of the lots in the area, and this action would be detrimental to their efforts. Councilman Breicier said he would not favor issuing a building permit in this area. The Ciiy Rttorney stated he wanted to make the Councii aware of what is happening on this matter. He said {ie vaould like to send the applicant a letter notifying him of the feelings of the Council. j Dlayor Liebl said if this is granted to one, it would have to be granted to the � � others, and this would destroy the neighborhood. Mayor Liebl recalled the Council I, •had granted two variances to persons for 6,500 square feet of property, but he wouid � suggest the applicant build on two of the 50 foot parcels of land and make a reason- able investment in the area. ' � � � 3 � F r � � , I I ! � i � ' ' 211 � PUBLIC HEARING MEETING OF MAY 13, 1974 PAGE 11 Mayor Liebl questioned the residents of the area who were present and asked the average investment in the homes in the area. A resident answered from $18,000 to $20,000. . - • Another resident said he believed the City requirements should be met in this instance. He questioned if the man wanted ta build the house in this area just to make a profit, he added, ti�is would be wrong. He said this should not be done in a residential area. The City Manager said there are four instances of granting variances to persons with 50 foot lots on Hugo Street. Fle said this may make the opposition to this variance quite weak in the eyes of the judge. He suggested rather than 7etting the matter go to court, suggesting some agreement so the other properties in the area might be utilized to create 60 foot lots and buildable sites. He said in the older plats, the 60 foot lots would meet the requirements. He stated in the newer plats, 75 foot lots are required. He su�gested some means of agreement rather than going through a law suite that may be lost. An abutting }�roperty owner said he owned the property on o�o erty at the presenty being discussed and he was not interested in sel7ing any p p time. The City Attorney said the judge may think if the 50 foot lots are p7atted, they should be buildable. He said they could be considered worthless if ihey cannot be built on. He said he could not determine what the outcome of this , type of litigation would be. A resident of the area said the lots in this area are platted as 25 foot lots. The City Attorney said this would benne of the arguments in this type of case. He continued saying if the court would decide that it was a building site because it is a platted lot, he would question where this would end. (�ayor Liebl said the people of the area would have to have three of the twenty five . foot lots for a buildable site. lhe City Manager again stressed trying to encourage the parties to work out something that would be suitable for this area. Ne said there are four homes on fifty foot lots in this area at the present time and one of these is adjacent to the property. MOTION by Councilman Nee to reaffirm the previous action of the Planning Commission and the Council action WIl1CI1 was to deny the request for the variances on Lots 33 and 34, Block A, Riverview Heights Addition. Seconded by Councilman Breider. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. ME�. GARY BARKER, 5800 3RD STREET,^REQUESTT�ORrAID��N C�ON�RCTING STATE NIGHWAY DEPARTMEf Mr. Barker addressed the Council and said he had been at the'previous meeting of the Council and had been told that the material presented the Counci} would be reviewed by the Administration with a report being made at th�'pres�nt mee�ing of the Council. The City Attorney said he had discussed the matter with Mr. Barker concerning the licensing requirements of his motor for regular bicyles, and he had advised him that any waiver in the requirements would have to come from the State. The City attorney further explained that the State Highway Department has definitions for motor vehicles and the City of Fridley would have to meet the State requirements. Mr. Barker asked if he would need a lieense to sell the equipment in the State. The City Attorney said no, but if he would sell the equipment to an unlicensed driver, he would be doing so contrary to the laws of the Sta�e. He said this would be no different than operating a mini-bike without a license. MOTIQN by Councilman Starwalt to authorize the City Attorney to write a letter to the State Nighway Department and to the Attorney General, without endorsement of the product, requesting the statement of the requirements on this type of equipment. Seconded by Councilman Utter. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. � �' �� . � � 4,� 212 PUBLIC HEARING MEETING OF MAY 13, 1974 #54-1974 - APPROVING HORIZING SIGNING THE _.- ___ __ __-� � i � �I � PAGE 12 ISHING i•10TION by Councilman Utter to adopt Resolution #54-1974, approving and authorizing signing the agreement establishing working conditions, wages and hours of employees of the City of Fridley Fire Department for the year 1974. Seconded by Councilman Breider. Upon a voice vote, all voting aye, ��1ayor Liebl declared the motion carried unanimously. NATURE INTERPRETIVE PROGRAM: h10TI0N by Councilman Utter to receive and concur in the report from the City Manager dated May 13, 1974 concerning the status of the Nature Interpretive program. Seconded by Councilman Starwalt. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously, . NORTH PARK DEVELOPMENT: AND RESOLUTION #53-1974 - TO REQUEST THAT THE ENVIRONMENTAL UALITY COUIdCIL POSTPONE ITS FINAL DECISION ON NE ENVIRONi�1ENTAL IMPACT STATEMENT FOR THE USE OF NOR H PARK: Councilman Breider said due to the action of the previous week, two items which the Council hed taken action on would have to be postponed. He said: one of those plans �•� � would be the the preparation of preliminary plans for the golf course and the other would be the decision on the statement by the Environmental Quality Council, He said this was due to the action of the City Council to put the issue on the uiiiization ofthe North Park area to the people at the general e7ection in the fall in form of a refer�!!ndum. , Councilman Nee questioned if the State Environmental Quality Council could lawfully postpone this question. Councilman Utter said he would not want to spend $8,000 for an Environmental Impact Statement at this time. Mayor Liebl said the City should let the State Environmental Quality Council know what is happening on this issue. He said they should be informed about the referendum. Councilman areider questioned the point of asking them to present an impact statement on something that may not happen. Councilman Nee stated, they may n�ake a decision that the construction of the golf course is not feasible, and the referendum on the issue would not be necessary. Mrs. Lee Ann.Sporre asked if the current action of the Council means that the Council in any way had changed their position on the ase of North Park. Mayor Liebl said no. A member of the audience questioned if it was still the intention of the Council to develop a golf course in North Park. Councilman Breider said the position of the Counci7 at this time would be to allow the issue to go to a referendum. He said he felt until this is accomplished, the Counci7 would be neutral. hlrs. Sporre said she would like a roll call on the statement that the Council is neutral at this time. She said she would like something official. She would like to know if the decision of the people at the referendum would be final. � Counci7man 8reider said personally, he would not be neutral on the issue, but as a Council, it should be neutral until the time of the election. He continued to explain as an individual, he would not take a neutral position, he would support � a golf course. He said he would vote like an individual. � �■ Mrs. Sporre questioned how this information would appear on the ballot, would it be a golf course versis a nature center at the North Park site without the present- ation of the alternate placement of the golf course. � 1 ; i-�� ;� c� l :� . PUBLIC HEARING MEETING OF MAY 13, 1974 PAGE ]3 Councilman Breider said the issue would be, golf course versis a nature center in North Park. Ne added, the issue had been North Park and he would like to keep it in this context. MOTION by Councilman Breider to adopt Resolution #53-1974, requesting the Environm- ental Quality Council to postpone its final decision on the Environmental Impact Statement for the use of North Park. Seconded by Councilman Utter. Mayor Liebl read the proposed resolution. Mayor Liebl said the Planning Assistant, i+lr. Jerrald Boardman would be taking the Resolution to the Environmental Quality Council meefiing the next day if the Counci] adopted the Resolution. UPON A VOICE VOTE, Councilman Breider, Councilman Starwalt, i�1ayor Liebl, and.Councilman Utter voting aye, and Councilman Nee voting nay, f�layor LIebl declared the motion carried four to one and the resolution adopted. MOTION by Councilman Breider to direct the Administration to delete any preliminary plan on the golf course until the referendum and also delay the use of the archit�ect until after the referendum. Seconded by Councilman Nee. Upon a voice vote, all . � votirig aye, Mayor Liebl declared the motion carried unanimously. SPECIAL APPROVAL TO FRIDLEY JUBILEE COMMITTEE TO SET UP BANNERS AND OTHER SIGNS IN PUBLIC AREAS: MOTION by Councilman Breider to approve the setting up of banners and other signs in public areas by the Fridley Jubilee Corrunittee. Seconded by Councilman Utter. Upon a voice vote, ali voting aye, Mayor Liebl declared the motion carried unanimously. ADJOURNMENT: MOTION by Counciiman Starwalt to adjourn the meeting. Seconded by Counci7man Utter. Upon a voice vote, all voting aye, P1ayor Liebl declared the motion carried unanimously and the Public Nearing Meeting of the Fridley City Council of May 13, 1974 adjourned at 10:55 P.M. Respectfully submitted, ��.�.� :�' Patricia Ranstrom Secretary to the City Council ��/� Date pproved. !�'' Frank G. Liebl, Mayor ; s' ; 7 � , L3lJII.11ING S"I'�1\'D,1I2DS-DI:SIGy CO`d'I'P�O1. SUECOAPIITTF:F: hi}:ETING OF ;�t:1Y �,_ 1974-PG. 4 � UPON A VOICF: VOTE, all voting aye, the motion carried unanimously. �. ( 3.}. CO�SI fll:1;:\'i'10\' �I� �'1 RF�U}:ST 'I'0 C�J�:ST?:UCT A G11R;1GE P,l)II.DI�G ' � }�01: 77[t_ �1l':\'::"i':''f:\ I_ CC;.it'I.`: �� I,:iC'�'('i:D C:v LO'1' .lb, :�L��C,: �=1 „ 1 ? ,;,;};\Uii I�.i: � tll'll?i i'r'�i:'r;-\�'�;)I'�'ii);� ;'1ii;; S:`�',;i; i,�:I:vG Ua-5ti'_1� :� , F}:ll)�I,1:1', ".1:,::i:�0'i':\. (r'.�:i`l1i�S'1' C1' R.J. U,�U`•i��:�, G0-1G-2'� , S'1'1:1�1:"1', ]'i;l�.i't:t..l', :'il:�\i:SU'i_r\) . _ b9x. Bauman ��as present for the rec�uest. T1r. l�atuna�l said he kno�,as th�t this Board tries to bring up to code any rec�uests that comes before tliem. '` IIe said he is p.lanninn to t�ui.ld a gara�e (5 or 7 unit) for this apartment. iio��ever, he said he callnoi. financially afford to l�uild t}ie narage �ai1d to pzzt in pour.ed co�icrete curbing as the City would ivailt. l�ir. }3atimaTi said he just ptirchased tlle tax forfeit land to the re�r of his propez�ty and prescllt l�� parkino is done to some degree on this lanel. PIr. I�auman's main question ��as if the Board would waive the poured � concrete curbiiig, so he can afford to btiild his garage. }3e said he tiaill be fixin� up the aspilalt parkinb lot, patcliino were it needs it. I�1r. Tonco �sl:ed i f a time li_mit of one to two years �vould help an the curbing. Air. Bauman said rio, I�1x. 13oar•dman said the City si_aff feels, c�nsidering the area, curbing at pr.esent ��ould only be a hinclE:rance. 'I'llere is no curbing in the area and no street ir;ipro�jements are planned fox the imme�liate future. �11so, cub.xinb could cause on site draina�e problems that presently do not exist. iie said the Board coul.cl recommend to Council approval of the buildi.ng and to ►t�aive the cur��in� as the building titi1ill be more of an impravement for the are�. and ihe adclition of curbiii� tivould make construction im�possiUle. Tlie I3oard askeci if he would be putting some type of cu-rbinb in front of .' the build:inh, rir. Bauman said yes, as the tenants are parking too close to . the bui lding. ' LJ l b9rs: `1'retzenfeis asl:ed if the garage material ti�ould match t�ie ak�artment exteri.or. �Ir. I>auman said no, the apartment. is stucco and it ��ou.ld be too expcnsive.to stucco the garage. 'The I�oard said it should match the apartment as mucli as possible, rlr. �oardman said..elevatioris should be broughL in for Council approval. . . ' A10TIO�v' by 'I'onco, seconded by Treuenfels to recommencl to Council approvzl of tlle gaxage anci to reco;nmend waiving of th'e concrete curbing with tlie follotiving stipulations: . ' ' ' ' 1. Exterior of thc garage.be made to match the a�iartment extez°ior as muc}i as possiUle. , , ' 2. Side elevations of the building be brou�ht in for Council approval. UPON A VOIC� VO'I'E, all voting aye, the motion carried unanimously. . . _� � .. . � � , S �� s J u ( - ��.��/,�..�..�_'; --„ __._ �� _�__., � � ``�� s ;�..._� _ , �� -� : �: � �� ;. � � � �� i � � �... � �� { � - I ��. �� ,� ; � �' � � ,f V� . �a.� �� P`.."`:�..+�.ra�ar� � �� ` � } -+-+w��r..wr�.� /\ . ��__.�i`_� , ;<< �� --� v�� ---�,�--��•� -� ��----�3� �' � !s -� � � c� � �_ y � ,- � '� _ � � � /� � `1 t j,`_.,, .� <� � � _. __ '. l-,.. � �.; S°`ti � '-` � : f "��`-;\ � ' 1 \ �✓ w,\ �� I \ �t/ ,�`\ t �� s � �� " /`'�`�t�y� _. " . � �. � � lA �� w � � � � � � � � � � � � � � � �� A �� o� � �. l� ``�' - �, ��: � � . �'�� a� ��]��y 4T TkE TO? OF TM� TWIN� �wa�cr 0 �xpi.ration Date : (,�,� ; ,(1;.�n / �� a _...�_.�_ , n L r�� HOUS� TRAZLER APPLICATION ! , . . � � ,.-------, �O�+VV?I�TY C�fv3�CVAf=►/T D1V. j � �{ � FAOT�CTIY'S t;9�WC1`tOH �'.%7. } �` i �---y � CITY HaLI r:'v?k,�.�ZY O�F33 , L�..._.�� .J 012` 090' 343Q ��s.�'�:9 ::�V OATf ?� ArPAOVE 8v •.—{ _� A. B. � 910 - i'9� 0_ 1/3I/73 �. 1 800 __ � 0 Name of Applicant: Totino's Finer Foods, Inc. Addresa ; 7350 Commer�;e La�e. Fridl ey, MN ��4�Z i Ownership of Trailar: _ Space Rentals - Dept. 40, P.O. Box 1100 Cornwell Heights, PA ;19020 Descrxption of xrail.e:. (I1ake and 5ize): Office Trailer 10 ft. x 40 ft. �� ! i �. Name of (7wner of Land: Rauenhorst Corporation Addreas : 44�4 Rauenhorst Ci rcl e, h1pl s, f��1hd 55435 � B. Period of iim� T�.ailrx is to be Btor�d or Occupisd;08/30/73,- 08/30/74 F. Use of Trailer; Office Space � • G. Signa�uxes of Adjoinin� Prop��ry �,anexa Gxanti.ng Approval: .� �-- � //,1/r� � . /G.�✓-r�� h'4�' ./'��`G=��t1<-Fti j-^�r'� ,/ ~ �l..� �?�¢�,-C/ � . H. Location o� '.Crailer on Pro�osed �'rop�rty (Attach Plot Plan of Prop�rty): � - ; Z: �Wh�ra Tzail��; is �o t�G t�ccupi�3, S?hat ie: Z. x��la�ia�z3h�.p be�raeen T�AX1�� O�ne� and Land Cwner: None 2 *?a:��=� �^� �afi V� .��,1 Occ�.p�nts: Lydia Lucas 3Q Sue Tesar 20 , . Judy Florman 34 Darlene Laing 32 3� FaGi7.iti�� 'O� SeWAaO I3isppsal, j{later nnd Electxa.cfty: The applic�ttion, when pxeaezt��d Go tn� City Council shall show the recommendation of the Zoni�� Adminiatr�Co:r �n�/oz I3u�lding Inspecto�. R7.e�se £ind t��tachQd check in. ths t�moun� o� 57.50 fox parkit�g, $25.00 for accupyi.n� a hou�� r.��.1�z. `,� �s '� , �'�'1��,� � _ �� .� �"—��-7� A�PJ.�Cctfl� �a�e � Approved I�y s Rece�.pt No, '7�,�� Licenae � O� /� .C� �y > � �� . �; �'� �' _ ��w �..;. ;� t �, � �� ,:, 4 '3 �� >$ �� y 1 M� �� M � , � :� �,. � ; i 3. � 3k �?. _ . ?� a �a7 �� 9�'i' I�C. 7350 COMMERCE LANE/MINNEAPOLIS, MINNESQTA 55432/TELEPHDNE: t6121 786-735a T��y 3a: 1974 Fra.dley City Council 6.�.31 Un�.verait,y �venue N. F. FridleY� �''� �5432 Re: Apnlication fox TRAIL�. (Au��ust �974 to Au,�us-t 1975; Dear Council T�iembers : Totinots Finer Faods� xnc, xecently submitted an application for use of a mobile tr�,iler on comna,ny proper-�y. GTe receivecl authorization for use of the trailer for t:ne period Au;�zst 1973 to Augu..��E 1974 an� are requesting this authoriza-�ion £or an �,ddita.anal year. OUS rapid �ro�ath has crea�eci. extreme oiiice space problems a.�1d this wa,s the reaso� for the anitial applzc atiQn. However, our pla.ns for allevia-ta.ng tne space problem have na-� been finalized and necessi..-ta��tss the use of the traa.ler for as� acidi-�ional yeax. �otino's a,pprecia.tes youx� consideration in. this r�atter. Thua� you for yaur coaperation. T�ZB : dh Sincerely, �ro � x�vo � s Fzr�.� Foo�s = �TC . � ` ----� - � �. �, �.!} r�'�`'' �- �� ; `r' � '—''r +—�''/, l Loren R. Bo�en I'ersonnel T�t�na�ex �-� 3 CITY OF FRIDLEY ' PLANNING CONI�ITSSION ME�TING MAY 22, 1974 ' CALI; 7'C)_.OR7ER: P�G� 1 Chairman F'itzpatrick cal_led the meeting to order at 8:05 P.M. ROI,L C7�LL: Members L'resent: FitzpatrickoHarris, Lindblad, Drigans Members Absent: B.lair Others Present: Jerrold Boardman, Planna_ng Assistant AP�'ROVE PLANNTNG CQ�'�11'SSION M:LIQUTES : MAY 8, .197� MOTIDN by Lindblad, seconded b� Drigans, that the Plan,ning Commission app.rove the minutes of the lda� S, I974 meeting as written. Upon a voice vote, a11 voting aye, the rrcotion carried unanimously. RECEIVE BUILD:LNG STANDARDS-DESIGN CONTROL SUBCOMP�IITTEE MTNUTES: A'IAY 9, 1974 i�lr. Lindblad saic� there was discussion at the Council meeting on the proposal by the State of Minnesota. Mr. Harris aaid they were going to ask the State of P�iinnesota to find an alternate location for the salt storage wareho�.zse. It was felt that :�rooklyn Park got a picnic area, etc., and Fridley got a salt storage warehouse and we �aould like a picnic area also. MOTION by Lindblad, seconded by Harris, that the Planning Commiss_ion receive the Building 5tandards-vesign Control Subcommittee minutes of their meet.ing of May 9, .Z974. Upon a.voice vote, a11 votinq a�e, the motion carried unanimously. RECElVE BOARD OF APPEALS SU73COMMITTEE MINi7TE5: MZ�Y 14 , 1:974 • MOTION ?�y D��.g�?.ns, secor�ded by Lindblad, that: the Planning ' Comm.ission receive the 73oard af Appea.Zs Subcommittee minutes of the.zr P1a� 14, 1974 meet.zr�g. Upon a voicc voie, aIl vot.ing a�e, the mation carried unanimously. ' ' ' � , Mr. D.rigan� said that on page 32 of the agenda (page ? of these minutes) he had listed some criteria to be considered on special use • permits and variances foi: billboards: He �aid he would like �Lhis r.riteria discussed as an agenda item, after the regular agenda itcros� have been hand lec1. • - ?ZECEIVla PLATS & SUBDIVISIONS-SZ'REFTS .& UTTI,ITIES SUBCOMP�IITT�r MTNUTES: MAY 15,- 197� -- M02'lON b� tlarris, seconded by I.indb_I��d, that the P1ann_ing Comm.issi.on rcceive the P.Zats & Subd.ivisian_s-Stre�ts & Uti.Zities minutes o.t� the May I5, 1974 rr�cetinq. Upon a voice vote, a11 voting aye, the motion carried unanirnously. � � � � � � ,� LJ � u � ' � �J i � �I �' � � 3A Planning Commission Meetinc �q------- - - Mav 22. 1974 Paae 2 ,, CONTINUE?�: PU�3LIC IIEARING: � �, 70A �74-01, HENNING .iVELSUN . STRUCTION C i��P11NY . To rezone Lots 13 , 14 , 15 and I6, B1ock �?_; River_va_e�� r•7anor, from R-1 (single famil.y dwelling areas) to R-3 (gencral multiple family dwelling area.$) to a1)_ow constr.uction on an apartment complex to be located Sotzth • of 71st [�ay and West of East River Road. Publ ic �i�ar ing open . No one �aas presen�t to r�present the petitioner. Chairman Fitzpatric}c said this item was continued to allow the petitioner to taor_k with L-he neighbors and school board an a proposal that w�ul_d be accep�table to them. We also asked that there be a check�made with the County to see iF they needed any additional riqht of caay for East Riv�r Road. tae have a letter in our agenda from the Council stating that �n adds.tional 17 feet ��ill be needed fo.r this right of way from Lat 16. Mr. Boardman said this needed additi�nal .right of way will not make an a�preciable di.�ferenr_e in this 1ot as far as it being a build- able lot. It tiaould still be large enough for a double bungalow or a duplex. Mr. Boardman said Mr. D�.rrel C1ark has talk�d to the petitioner today and he did say he was coming to the meeti.ng with a proposal, but he didn't say what that proposal might be. Mr. Harris,said the addi-t�ional right of way need�d for East River Road should be obtzined from Lot 16 beFore it is developed. MOTTON 3�y Nar.ris, seconded by Drigans, that �he P.Zanning Commission continuc� the Public Hearing oa� the rezoning request, ZOA #�74-�1, by Henning Nelson Construction Compan� until the peti�ioner arrives at the meeting. Upon a voice vote, aIl vaiing aye, the motion carried unanimous.Z y. • At 9c00 P:.M., NIr. Timothy O'Neill, 158 71st Way N.E.� said he thought Mr. Reinertson had been at enouc�h meetings of the Planning Commiss�on so he should know ��hat tiine he should b� h�re when he ��yas first.on the agenda. He asked the Planning Commission ho�a long they were going to wait for the petitioner bGfore they took action on this request. He said the neighbors had all signed the petition against any rezoning of th�se lots and this was the fourth time they have come to a meeting on this same request. The neighbors felt that a decision should be made 0I7 �.I11S request at this meeting. MOTION by Linc7blad that the Planning Co�rrmission consider this request at this time. 'lhe motion �died fox .Zack of a second. Mr. Drigans said he would like to find out- if Mr. Reinertson met with the school board. Mrs. O'Neill said he agreed to meet with the neighbors and no anc present has had any meeting with hi.m. She said the school board sen-L- a letter stating they were opposed to the original proposal, so if they have agreed to a new proposal, it was safe to � � � � � 3B Planning Commission Mceting - May 22, 1974 ' Paqe 3 assume that they would have notified the Planning Commission that they had ac�r�ed to something diiferent. Mr. Tiar_ris said that if the Planning Commission should take a negative action on tlzis request he would like the petitione'r to�be pi'�S�Ilt to hear the reasons. Mr. Lindblad said we have been continuing this request since February. He s�.id he thought the neighbors were entitled to get a decision an this tonight. Mrs. O'Neill as]�ed if they were going to givE the petitioner an opportunity to app�ar all evcning. Tlii_s was a long agenda and she � didn't think it was fai.r to 3ceep the neighbors here waiting. As far as she was c�ncerned, the'peti-�ioner h�sn't done any of the.things he had agreed upon at the las�. meeting.. � 1�7UTION by LindbZ��d, seconded by Harris, that the Planning Commiss_ior set a time limii of 9:30 P.11. to consider this .ztem whether the petition- er appeared or not. Upon a voice vote, a.�I voting aye, the motion carried unanimou.sly_ At 9:30 P.P��. Chairman Fitzpatrick said the petitioner has not � ��?�ar�.d bu�L we have agr_eed tha-� we would make a decision on this rezoning request, ZOA #74-01, by Henning Nelson Construction Company whe-L-her the petitioner app�ared or not, a-t this time. He said the � Planning Commission hus a pe�tition from the neighbors again.st any rezoning of this pr.oPerty. ti8e have a letter from the school board in oppositiorz to any increase in densiiy of this property. � , � � � � � Mr. Dri.gans said th� petitioner has riot come forwa�d �aith any figures to shaw that it is economically unfeasible to build R-1 housing in this area. G+le have a report from the administration showing the number of liomes tha-L- have been construction along and on East River Road during the past year. MOTION by Harris, seconded by Lindblad, that the PZa•nninq Commissior clvse the Public Hearing on ttie rezoning request, ZOA #r74--01, by Hennilig Nelson Constrtiction Compan�. Upon a voice vote, aIl votinq aye, the motion carr�_ed unanir.lous.Zy. NIOTION by Flarr.is, seconded by Drigans, that the PZanning Comrnission xecommer�d to Council �Tenia� �f the rezoning request, ZOA �r74-O.Z, bi) Flenning Ne_Zson Con.str.uction Company, to rezone Lots 13, 1�, 15 and .Z6, Block 2, P•iver.view l�7anor, from R-1 (s_ingle family dwelliny areas) �o F-3 (general multiple family dwelZing ar.eas) to al.low construction of an apartrnen� complex to be Iocated South of 71st Way and 6Vest af East River. Roa�i, far thc f_o.Zlowing reas.ons: � 1. This is spot rezoning, which is against City policy. 2. 3. � need has not been shown that it; would be economicall� unfeasible to build single family homes in this area. Op��osi tion from School District #14 on 1i.igher densi ty � in this ar.ea. � � � � � 3C Planning Commission Meeting - May ?_2, I974 Page 4 � 5. Petition from the neighbors opposing any rezoning of this property. We do not believe that R-3 zoning is compatible with the surroundzi�g area. 6. Tl�e peti�ioner was requested to wo.rk with the school board and the surroundir�g neighbors on a more suitable p1an, and this r,�as not done. Pdr. Drigans said he though-t the Council should be aware that we have hac� three meei�ings with the petitioner present. This is the fourth meeting and the petitioner �•Tas Il0-t here. Although thzs was the iirst item on the agenda, we did no-� take action until 9:30 P.M., giving the pe_titioner everyo upportt?nity to .at-tend this mee�ing. , UPpN A VOICF vote, aII voting a�e, the m�tion carried unanimous.Zy. PUB�C HEARTNG: C�NSIDERATION OF A��}�, P.S. t�74-03, ��UN�3: ESTATE �3Y J:zM LUi�?D; B�ing a repla-L- of Lot 30 arid the � Nor'�h Ha1� of Lot 31, Auditor's Subdivision No. 129 located between Onondac}a Street and 73rd 1lvenue N. F.. Mr. Jim Lund was present. l•10TION b� Dri_qans, seconded b� Lindblad, that the PZanning � Commission waive.the reading of the Pub.Zic Fl�aring notice on a pre.Ziminar� p1��t, P.S. #74-03, Jzm Lund Estates, by Jim Lund. Upon a voice vo�e, a_Z1 votinc� aye, the motion carried unanimously. � . l�fr. Harris said this item had been handled by the Plats & Sub- divisions-Stree�ts & Utilities Subcommittee a-� their May 15th meeting � and was approved with eight stipulations. He said he thought the best way to cansider this pla�� was �to go thr�ugh �.-L-hese stipulation5. The first stipuation was to negotiate for driveway access ��i-th � the owner of Lat 28, Auditor_'s Subdivision No. 129. This has to do wi.th a garage on this lot where the garage door faces this p1at. On the plat presented tonight, Mr. Lund has made an Outlot A o� 6 fe�t. � � � Mr. Lund said he planned to.deed this outlot to the owners of Lot 28. Mr. Don Hanson, the owner of Lo� 28, said this was �he first time he has seen this proposal of having 6 feet deeded to him� so he would like� a little time -to thin}c about it. � . Mr. Drigans asked how far th]_s garage was f rom the Zat line af Lot 28. Mr. Lund said it was 21 feet, and with the 6 foot outlot it would give Mr. Hanson 27 fee-t for garage access. This would line up with the present curb cut for this� drive�aay. Mr�. Harri_s said the second sti.pulation was to move the center oF the cul-de-sac to the I;ast boundary of Lot 4, Block l, and Lot l, � Blor.k 3. He said Lot 4 is now Lot 9, but the ctzl-de-sac is located where we stipulated it should be. • I� � � � � � �J � � Planning Commission Meeting - blay 22, 1974 Page 5 3 D � The third stipulation is to provide underground utilities. Mr. �,und said he had contacted Northern States Power Compan_y and they told him the fee policy has changed. He saic� there used to be a flat r_ate on �this, but now they wi11 char.ge the property owner $2.00 per month, for life, for underc;�rout�c� u�tilities. P�ir. Harr_is said N.S.Y. has been mak:ing a lot of noise abaut teaching children to stay away from overhead 1ir��s and other dang�rs from these 1ine5, and this new policy would not ezlcourage undergr_ourid utilit=ies. He said he thought a letter shoul.cl b� sent to the Publac Service Commission on this fee change. ^ � M.r. Lund said the onl.y time underground lines ��ere dangeraus was when you had to excavate and you might hit a hot line, but once the area was develc�ped, undercfround lines were much sa:Cer for both children and adults. Chairman Fi�Lzpatrick said the Planning Commission will still make undergxound utili.ties a stiputation and Council cari make their own decision. Mr. Harri.s said the fourth sti.pulation was tha-t the devel.opEr provic�e ane tree per 1ot,. 2 inches in diam�t�r, except:_where th�re.is already a.tree on the lot. Mr. Lindblad �sl:e3 if this tree was in addition to a boulevard tree. Mr. Harris said the maker of this motion did not clarify if this was to be a boulevard tree or one inside the proper�ty Iine, �ut he thought he ineant this tree should be inside the property line. Mr. F'itzpatric.k said we can make our otan stipul�tion on this item. P�ir. Lindblad said he thought this tree should be in addition to the boul.evard tree. NIr. FIarris said that in light o.f recent developments in th� City, it would be better to have this tree insi.de the propert�y line than in the public right of way. Mr. Fitz- patrick said it would seem that our recommendation would be to have two trees, one in the boulevard and one located at the owner's discretioz Mr. Harris sai.d the fifth stipulation was to el7_minate the half � street going -ko tI1P East on 74th Aventze (73 a Avenue) and c�elay the . const.ruction of- this st:reet uni�il Lot 32 is developed with an agreement from the developer that Lot 5 and 6 will be red tagged until this � time. Mr. Boa.rdman explained that on the plat presented'to the P1ats & Subdivisions-Streei�s & Utili-�ies Sui�committee these two lots would have been land-locked because they only had half street right oF way. Mr. Lund has no�a changed his road pattern so all the lots have stree� � access on the plat no��. Mr. Boardman said that the importance of acquiring the remaining � righ� of way so that 73z 73venue could be built right the first time shouZd b� stressed. Tl�e situat�_on as laid out in the plat will require a good deal oL temporary road cozzstr_uction which �•�ill bur.c�en the � property owners with �dditional ass�ssments when the road is relocated. This aelditional cost could amount to as much as $iI.00 per foot as compared to an appro�imate $3.50 per foot for construction at this time: Mr. Har.ra.s said Mr. Lund has contacted these people about gettinc� the additional right of way and they do not want to give this right oi way at �his time. `I'he only way �ae can get this right of way is through condemnation unt�l Lot 32 is devel�ped. L�J Mr. Fitzpatrick askcd Mr. Boardman wllat form stipulation 5 should � Planning Commission Meeting - r.ay 22, 1974 � Page 6 take on this proposal we are looking at now. 3E Mr. Boardman said that if the Planning Commission approves t�lis plat as laid out, then the motion should read that Jim Lund should work �vith the Engineering Departmei�t in order to determine those section.s of the road that shou_ld be tempo.ra.ry construction and that na canst.ruction to done on tYze half street rigl�t of_ way on 73 2�venue East of Pi.netree Lane, ana that every effort be taken by the developer to acquire the 73�? Avenue right o� �aay in order to necessitate good road desiqn and minimize any additional casts. AZr. IIarris said stipula-tion siy is that a topogr�.phy map be prepared be:Eore the Planni.il� Comrii.ss:ton mee�ti_ng and the drainage problems be wo.rYed out with the City �ngineer. Mr_. Harris said �ue have the map and he as}:ed T�Ir. F3oardman if th� drainage was satis:Cactory. Mr. �3oaxdman said it was, and all -l-.he sur:Eace �,�ater will drain to�a�rds Onond.aga where it �uill be pi.cked up in t�oo catch basins. These catch basins �eill run �^lest -to another catch basin where he will pick up the lowlznds between Lots 4 and 5, F�1ock 7_, and trien run a storm sewer out to the City storm sewer in the street. Mr. Boardman said this was superior to the first dr�i.nage p�.an of the pe�titioner. Mr. Harris said the seven.th stipulation ��as that all the corner lots be 80 feet, az�d this has been done on this plat. He conti_nued, that stipulatior� eight is to stub sewer and wat�r just behind the pavement at 74th and t�noka. This should say 732 1�venue and the unused right of way. Mr. Don Hanson said he questioned whether th� 6 additional feet � he ;aould get from this plat woulcl give him enough rooni. Nr. Boardman said he will have a total of 27 feet and this should be enough room to man�uver a car. , � � � Mr. Fitzpatrick said this is tYle amount we require for other developments. rir. Harris said the normal aisle is 25 feet. Mr. Hanson said there.is always a lot of accumula-�ion of snow in th� area of his drive�,�ay and he thouc�ht this woul_d be a problem in the winterti_me. Mr: Fitzpatric}: said �he Planning Cor.�unission was syrnpathetic to his problem, but the pe-titioner has already given you 6�eet and we are infringing on someone else`s property. Mr. Boardman asked Mr. Lur�d how this 6 feet would be handled. Mr. Lund said he wou�.0 deed the 6 feet as Outlot A to the owner of Lot 28. Mr. Hanson asked if the houses alang Onondaga would still have � the staggered setbac,ks as mentioned at the other meeting. Mr. Harris said tYiis was handled by our c,ode,by the average setback requirement. � � � IIOTION by Lindblad, seconded by Drigans, �hat the Planning Comm.ission close the Publ.ic Ilearir�g on the considerat_ion of a px'elitninar? p2at, P.S. #;74-03, Jim Lund �st�ttes, by Jim Lund. Upon a voice vote, a11 voti.ny aye, the motion carried unanimous.Zy. P�Ir. F�arris asked if there were any curb cuts across the stre�t from Pinetree Lane? Mr. Lund said there wasn't any. Mr. Harris said � Planning Commission Meet�ing - Ma_y 22, 1974 Page 7 � �it wouldn`t interfere with the park in any way then. Mr. Boardman said no, this is a better pl.an. 3F � h90TION b� Drig��ns, seconded by Lindblad, thai the P.Zanning Corimmi,ssion recommend to Council y�,,,�,p:�otr� of the preliminar� p1at, P.S. 1174-03, Jin� Lund Estates, by J.im Lund, being a replat of Lot 30 and the � North IIa.Zf' of Lot 31, Auda.t.or`s�ubdivision PIo. 129, �ocated be�c�een Onondaga 5t.ree� and 73rd l�venue N.E., with the fo�lowing stipulations; Z. Pet.ztio�zer deed to the owner of Lot 28, .7luditor's Subd.i.vision #�129, OutZat A. for dr.ivewa� access. • 2. Provide underyround utilities. 3. Provide �V�o irees, 2 inches in c?iainet�r for each Iot, one to be placed in the boulevard and or�e within tllEr propexty 1ine. 4. Pet�i.tioner sliould work with the Enqinee�:ing Depar�meni in order to determine tl�ose sect.ions of the road that should be tempor- a.ry canstruction �nd that no cor�stxuction be done on the half_ street rzght of way on 73� 1lveriue Eas� of Pinetree Lane, and that every effort be taken by the developer to acquire th� 73% Avenue xight of wac� in order i-o necessitate good road desiyr. and minimize any additional cos�s. 5. Stub sewer and waier just behi.nd the pavement_ at 73'� 13venue in the unused hazf street right of wa�. Upon a vozce vofe, a11 voting aye, the motion carr.zed unanzrnously. Mr. Hazris sai.d he liked -this preliminary plai better than the one presented at the Plats & Subdivisions-Str�ets & Utilities Sub- committee mee-ting and thought it was environraentally sound. . ;�Y3. ' PU�LIC HEARING: REQUES`l' FOR ��PECI.�-1L US,�: FER�i ';' SP #74-07, CLII'FORD A. AND�Et�ON:�P�r F'rid_ e"�y City CO�e, Sec.tion 502.101, 3, D, ta allo�,a a garage for the stor_ac�E, repairs and servicing of motor vehicles not over tuao--ton capacity, on Lots 12, 13 and 1.4, Block 4, Ree`s Addition, th� same being 6385 University I�venue N.L. Mr. Clifford Anderson waC present. MOTXON b� Dz�iqans, secondec3 by flarris, that the Planning CamraisS1011 waive the reading of the Pub.Zic Hearing notice on the r�quest for a Special Use Pcrmit, SY #7�-07, 3�y�C.Zifford A. Ilnderson. Upon a voice vote, a1.7 voiing aye, the motion carried unanimous.Zy. Mr. Baardman said a portion of the Conoco station has laeen rented out to this r.epair gaxage in ��hich they are doing auto body � work ancl pai.nting. If there arc no complaints from the neighbors, the _ administ�ration has no objection to this reqizest as lon�- as th�y do fo].lo�,� tkie codes thai: cover this type of operati�ons such as no outside � park:ing of cars being �vorked on for more t.�an 4$ hours, and that the 1:�u�_lding b� brouglzt up to codc. TYiere are both fire codes and building I � � i � � _ . � 3G Planning Com.�nission Meeting - May 22, 1974 Page 8 CO(��S they �aiJ.l have to meet. Mr. Fii�zpatric}: said this usage is allowed in C-2 zoning with a Special Use Permit. Mr. Dra_gans asked Mr. Anderson what hours he would be in opera�ion? � Mr. Anderson said it taou]_d bE� �rom 9 to 6. NSr. Drigans said ther� he didn't plan on do�_ng any evening work. rir. �lnderson said he grobably would once in awhile. � � Mr. Boardman said this ga_rage is a separ.ate business and is.not connected to T•ir. Ryan' s busi_ness . fie �vould nat be able to pump gas . . Mr. 1�nderson said the tanks ha�Te been rernoved, th� pumps ar_� gone and � this part of the property� is all cemente�c� aver. Mx. Drigans as)ce� how many stalls lie had. Mr. Anderson said he had ■ four. Mr. Fitzpatrick said he wanted to mal;e the petitioner awar� that he could not operate u��e�' the special use requested if this property j� wen-t back to ��eing a fzlling statian. Mr. Harris asked where he was going to do the painting? Mr. � Ander_son said he has be�n open since.November and he has a spray booth. 1�1r. Harris aslcec� if this meets the Fi.re Marshall's standards? Mr. Boardman said this wi11 be gone over by the Fire Marshall and the � electrical znspector and anything that doesn't meet -the code will be brought up to code. � Mr. Harri.s asked how much outside parking they had for this property? �ir. Anderson said he had about 8 stalls. Mr. Anderson said he doesn't use this outside parking very much. . � � Mr. LindbZad asked if the�_e was going �o b� any outside storage of refuse or car parts? Mr. Anderson said Yie had a rubbish contaiz:er and �here woul.d be no storag� of car parts. He gets r�d of them right away. 1�10'lION by Lindb.Zad, seconded bt) Harris, that the Planrtzng Coramission � close the Public Hearing on �the x�quest for a Spec.ia.Z Use Permit, SP �#74-07, by C1_iffoxd A. 1lnderson. UjJOri a voice v�te, a11 voting aye, the motion carried unanimousl�. � �� MOTION by Fla'xris seconded by Lindblad, that the Planning Commission recomr.lend to Counc.i I�provaZ of the xequ es t for a Speci a.Z Us e Perr�i t, SP #74-07, bt3 Cliffor.d A. Anc7ersan, per 1'ridTe� City Cade, .Section 205.I01, 3, D, to a1�ow a gar.age for the starage,.repaiz�s, ��nd servicing of motor velzicles ngt over two�-ton capacit� on ints.l2, 13, and 14, Block 4, Ree`s Addit�ion, ��:th the stipulati .that this be granted on that poxtion of the building known �s 639� '�niversity Avenue N.E., only for the period of time tha� �his building is leased to t_he petitioner, CZzfford Anderson. Upon a voice vote, a11 voting aye, the motion carried unanimousl�. I 3H Planninq Commission Meetinq - May 22, 1974 Paqe 9 �� ''' PU13�.,IC IIEIIRTNG: RTQiJFST FOR I� . SI' �74-QII, � -- — RUIN HART 1:.. Per I'ridley City o e, Section 20 .051, 2, A, o allow construction of a secand accessory building on Lots � l�, 15 and 1G, along with vacated 57z Avenue N.T. adjacent to these Tots, I3].ock 4, City View Addition, thc same beinc� 475 57th Place N.�. Mr. Marvin Hartse was present. A10TION by I�arris, secor�ded by Lindblad, that the Planning Cammissior waive tlze reading of the Public I�earing nofice on the requcst for a speci�Z use permi t, SP #74-08, by 11�rvin Hart_se. Upon a vaice vote, a.ZZ voting aye, the motion carried unanimously. Mr. IIartse said this storage building is designeci like a li-ttle white b�rn and uaill be 12 feet by l� fee�t. Mr. I3oardman said this building is k�eing placed on a walkway easemerit. If it is determi.ned that a sidewallc will be constructed on this walkway, i.t shouZd be a stipula�ion on tYiis special use permit that the petitioner will b� given a 30 day notice to relocate this building. Mr. Fitzpatrick asked Mr. Hartse if there was some reason he wanted to locate thi.s building so far back on hi_s lot? Mr. HartsG said this ��ril1 be �pproximately 10 feet fronl his fence and the Tocatio�z ialls between tr.ees and he thought�.it would look better located there. Mr. Lindblad asked if �11� City has any p.lans at this time for constructing a sidewalk on this walkway? Mr. Boardman said no, but it could poss�_bly qa in if the biketaay proposal goes through. i�r. Boardman said the f_ence would have to come dotan the same time the building would have to be relocated. , A�Sr. Drigans asked what this building would be used for. Mr. I-Iartse said he was going to use it for stor�ge of his la�anmower, bicycles, etc. Mr. Boa�_dman said this has to be anchored to a permanent f oundation. Mr. ri.tzpatrick asked Mr_. Hartse if he was aware ihat i� h� loczted t.i�is building five feet closer. to his house that he ��louldn't have to relocate it. Mr. IIartse sa.id he still wanted ta P2ace this building as sho�vn on the surv.ey af his Iot. MO:i'IOTd F3Y Drigans, seconded by Lindblad, that the Plannii�g Comrniss.ion c1o,e the P�tblic Ilearing bn the request fox a Special Use Perrr�.i �, SP i17�1-Of3, by hlarvin Hart:�.e. Upon a voice vote, a11 votii�g aye, thc mot:ion carr`ied unanimvus_Zy. � . . h10`lION b� Lir�dblad, seconded l�y Ilarris, tl��t the Plannir2g Cornm.ission recornmc�nd to Coi2ncil ;� of the request for a Special Use Pc�rnrit, 5P #7�1-0�, by ltarvir� Ilart `, per Fridley City Code, Sectiori 205.05.Z�, 2, � A, to a11ow consi:ruction of a second accessorv UuiZding on Lvts 14, 15 ' and 1G, along T+�.l�:}1 vacated 57� Avenue N.E. ad�jacent to tl2ese lots, B1ock � � � � � � � � �� LJ � u � LJ � � � � � 3r Pl'anning Commission Meeting - May 22, 1974 Page 10 4, City View. Addition, the same being 475 57th P1ace N.E., with the �� tha� this building be sec,urel� anchored to a pexmanent �-�` , foundati.on wlth � 30 da� notice given f.or the relocat.zon of thi.s buildinq when the walkway is developcd. Upon a voice vote, a11 voting a?�e. the motion carried unanimously. - ,,, ��,�, �a � PUBLIC HFARING: REQUEST FOR A��` `�'i��sp �74-09 , BY � -�t. BOURD �Per Fridley City Code, Section 205.051, 2, A, to allow construction of a second accessory building on Lot �, Auditor's Subdivision No. 129, the same b�ing 1533 Onondaga Street N.E. _ Mr. R. O. Bourdeaux, the petitioner's �ather, was present to represent the petitioner. 170T.ION by Dr.igans, seconded by Lindb3ad, �ha� the Planning Commission waive th� reading of the PuJ�lic Hear.ing notice on the request for a Special Use P�rmit, SP #74-09, by Anthony R. Bourdeaux. Upon a voice vote, a11 votin.g a�e, the mot_ion carried unanimously. Mr. Bourdeaux said this was a 12 foot x 14 foot metal starage bu.ilding which his son �vill use to store parts for a 1932 �ord car which he is restari.ng ta rnint condition. He said f:his does involve the City because the West boundary of this property has a fence all along the 1ot line which separates this property from Flanery Parlc. Mr. Drigans asked what type of fouz-ldatian this shed would have. Mr. Bourdeaux said he was from New Brighton and taas not familiar with the Fridley codes, but his son would do whatever was required. Mr. Bourdeaux said he didn't think his son plar�ned ta pour a concrete slab� He said the reason his son hasn't enlarg�d his present garage is because this woul,d require a survey of the lo-t and this his son didn`t want to do. He said his son would much rather add to his existing garage ihan have this storage buildzng, and although his present garage is 7_5 feet from the neighbori.ng ience, he was -told by the City that he couldn`t add on to his present garage withou� a survey. He said the Ci_ty has a fenc� along one property line, and there is a new hoizse with a cyclone �ence on the other side. I�Zr. Bourdeaux said they knew where tlze easecnents c�rere, sa his sozi saw no reason to ga to the expense of having a survey�done when he knew where all the property 1in�s were. Mr. Harris said the petitioner was going to have to have the property surveyed no matter when h� builds another garage or adds to the pres�nt one. He said i�t �aauld seem to him that tl:e petit_�oner would be better off getting thc lot surveyed and building what he really wants than going to �he expense of a metal storage building. Mr. l3ourd�aux said he would still. l.i.ke to have the special use permit.cansidered and he would tell his son what tl�e Planning Commission st�ggested. . bTOTION by Drigans, secoraded hy Lindblacl, that the Planning Commissian close the I�ublic 1leaxing on the request for a Special Use Permit, SP #74-09, by Anthon� Bourdeaux. Upon a voice vote, a1l vot�ng � �� - � _ �� i . . ,..Z 4; . �a:: .,s{:Y .K�.; �� , � � � �� S � Planning Commission Meeting -- May 2.2, 1974 Page 11 L� � � � � � � � aye, the motion carried unanimousZ�. MOTXON by L.indb.Zad, seconded bz� ilarris, tha t the Planning Commisszon recammend to Council �.pp�.� of �ne xequest for a Special Use Permit, SP #74--09, by Anthony Il'o aux, per Frid.Zey Ci�� Code,. Section ?.05,051, 2, A, to a.Zlow cot�struction of a second accessor� building on Lot 4, Auditor's Stibdivzsion No. 129, the same being 1533 Onondaga Street N.E., with the ��ipt,a; that this building he secure.Zy anchored to a permanent founda z n. Upon � voice vote, a1Z voting a�e, the motion carried unaniraously. `��.m �„� _��,Y ��rc-�� PUBLIC HEZ�RING:. REQU�ST FOR A � � `�� ; ,� SP �r74-]_0, BY . S�� Per Fridl e�, City Co e; Section 205. 101, 3, N, to alla�•� trailers, cam��rs, mobile homes, baats, machinery, sporting equipment a.nd lik� en�erpri.ses having its merchandis� in the.open � and not under the cover of display saZesroorn�, to be locatec� on Lots 1 and 2, Block l, C. D. Hutchinson Addition, located a-� 7�f51 East River Road N.E. Mr. W. Red Stang was present. 1�OTION b� Harris, seconded by Lindblad, that the Planning Cornmission waive the readinq of the Puhlic Hearzng nofice on the request for a Specia.Z Use Permit, SP #74-Z0, by W. Red Stang, Upon a voice vote, a11 voting aye, the motion carried un�nimous.Zy. Mr. Stang said they were going ta use the grocery store portion � ot this building .for -�he display of snowmobiles and the twc� stalls for repairing snowmobiles. � Mr. Fitzpatrick asked iF he would be using the entire corner. Mr, �Stanq said the gas station portian of thE building will still stay gas station. ` Mr. Boardman said the peti-�ioner was presently doing business at 7701 East River Road. � Mr. Drig�ns said the Public Hearing notice said this was requested so merchandise could be in the open and not under cover of a dzsplay �salesroom. Mr. St.ang said they did have merchandise in the open at � their presen�t location, but the only thing they were going to have at this location was snowmobiles, and they would be in the salesroom. � LJ 1 � Mr. Walter Gay, 7479 Eas� River Road N.E., said tliere activity at that corne.r now, and in his opinion, he didn't needed any more. He said he was speaking for other.people neighborhood also. was tao much think they in the Mr. Drigans asked if �he buiTding wa�s still owned by the Gulf Oil Company. Mr. Stang said it was owned by the ICunz Oil Company now. Chaii-mzn Fitz�atrick asked Mr. Gay if he thought the proposed us� was going to generate more activity that the previous use of the buildii�g as a grocery store? Mr. Gay said h� would ha�ve to tell the neighbors what was.really being proposed for this site and see how they felt about � .,.._=�� E h=�� ,�, � �� ,� �, , � �� .� � jK PZarining Commisszon Meeting - May 22, 1974 Page Z2 � i it. He said when they read the Public Hearing notice they thought the proposal was much different. Mr. FIarris said he had been quietly discussing this with Mr. Boardman for the�last few minutes, and without otatside starage, we`re not sure the petitioner needs a speci.al usp permit. Mr. Drigans said this was his fee:Ling on tl�e matter aZso. Mr. Boardman said this is one of the vague areas of the code where we really have nothing to cover this type of operation. We do ,� have z section in our code on comm�rcial recreation and �vhe�ther this , falls into this category or not �.sn`t clearo Under 1�.ccessory Uses, we � have storage of inerchanaise, sol.ely inierided to be retail.ed by a re.lated and estal�lished p.rincipal use. We have nothing as f_ar as. � servicing of these vehicles and whether servicing of snoumobiles wauld �� be classitied as a gar.age for the storage, repairs and servicing of motor vehicles not o��er two--tan capacity, or not, he didn' -t kno�v. Mr. Harris said that by defini.tion a snowmobile is nat classified � as a motor vehicle. A motor vehicle is something with wheels that trave�s an pub.lic righ-L- of way, and by oxdinance we don't a11aw snow- mobiles on our public r�_ght of way. . � � Mr. Boardman said this leaves the section of the code that was quoted in the Public Hearing I�o�tice. Chairman Fitzpatrick said that if he was going to do what the Public Hearing notice sa.id, he ��ould need a Special Use Permit, but as the petitioner has sai.d he zs not goinc� to h�ve any outside display, he didn't see th� need for a speczal use permit �ither. Mr. Drigans said if Mr. Stang in�ended to have any auts.ide storage � he thought a pIan should be presented as to Cahere he intended to have this outsic�e sf_orage e We should be given a plot plan showing the number of things he nlight s-4ore outside and where it wili. be located. � � � Mr. Harris asked how many of the items mentions in the Public Iiearing notzce thc p.Ytwitioner would be selling? Mr. Stang saic� that all he will have at this site wer_e snourmobiles, outboard rizotoxs and some trailers for sno�amobiles. He said he thought he cauld comply with the exiting code for C-2 zoning without a special use. Mr. �oardman said that if there is no autside display, this would be a permitted use zn thiis zoning without a special use pe.rntit. � Mr.. Stang said th�re was an ar�a behind the Uuilding about 40 ieet by 100 feet which wi.11 be completely fenced in, and anything that had to be stored outside wi11 be stored in this area. � � � Mr. Gay said th��. t if this was going to b� a dif f erent proposal from what the Public �Iearing notice stated, the neighbors would probabZy have a d�fferent viewpoint. Mr. Drigans said he thought the �.�lanning Commissian should continue this item until we get clarification an whether a special use � , � 3L Planning Commission Meeting - May 22, 1974 . Page 13 pe��mit i5 needed, and if it is needed, we should get an alternate plan from the petitioner on whe.re Yie is goinq to put up a�ence for storage. This could prabably be worked out bet�veen the City administration and the petitioner and.a special us� might not be necessary. Mr. Boardxnan said that whether this �roposal needs a special use � permit or not, h� thought this should still go to the Building Standards- Design Control Subcommittee OI7 the outszde developmen�L-. Iie sa:id �a� should get a�letter from the petitioner s�tating that there would never be any outside disp]_ay on this site. ti9ith this letter we can alarify. � whether a special use permit is needed or not. The petitioner can withdraw this special use request, and make a new request if a special use permit it needed. u � � J � I _J � � r � � � � . MOTZON by Drigans, seconded by Haxris, that the Planning Commission � � until June 5,,�r1974, the request for a Special flse Permit, SP �" by W. � per FridZey City Coa'�, Section 205.101, 3, N, to aZlow trailers, campers, mob.zle homes, boats, machi.ner�, sporting Fquipment and like enterprises h�zving its mercl�andise in the open and not under the cover of display salesrvom, to be lacated on Lots 1 and 2, Block 1, C. D. Htliehznson Additzon, located at 7451 East River Road N. E; , to allow ihe pe�i tioner to work rai th the Ci ty adminis tra tion to determine wheiher the petitioner's praposa.Z needs a special us� permit. Upon a voice vote, a11 vot.ing a�e, ihe motion carried unanimous.Zy. �: REQUEST FOR A',�LOT SPLIT, I�. S. #�74-06, -"�E�ARFF.,,�, 1�. -•, f'' ' DFVEL�7Pi'�I�NT CORPOP.ATION: . S�lit o�Ef that part of Lai l, Blocc , lying South and �ast of a line describe-d as follows: Beqinning at.the North- west carner of Lot 5, Block 4,: thence North 0 dec�rees 09 minutes 12. ser.onds East a distance of 1.50 (bearing assurned fram pla-� of recard); thence South �9 degrees 50 minutes 48 seconds East to the West line of Lot 4, B1ock 4, and there terminating, and add it to �,ot 5, Block 4, Innsbrucic North Tawnhouse 3rd Addition, the same being 5537 East Bavarian Pass N.E. ,�8. REQUPST FOR A LOT SPLTT, L.S. #74-07, DARREL A. ;'F.�� DFVELOP�,F'NT CORPO�:t1�1�'ION: Split aff_ the Sauth Y2 f�et of Lc�t �, ` ock 4, and add it to Lot 6, Blocl: �, Innsbruck North To��nhouse 3rd Addition, the same being 5539. East Bavarian P�ss N.E. �9. REQU�ST FOR A:I,07.' SPLIT,_ L.S. �74-08, �,IARREI.�,,�.:FAT� DEVELOPMENT �� CORPO�LAT:CON : S lit of £ the South 2 f eet of � P Lo� 7," ock 4, and aaa �_t ta Lot 8, I31ock 4, Innsbruck North `:Cownhouse 3rd Addition, the same being 5533 East Bavarian Pass N.'E. ~"�:(J. REQU�ST FOR A�I,pT SPLIT, L.S. #�7�-09, �RR�L, p�,,. F",A�DEV�LOPNiENT CORPORATION: Split off the South 2 fee o'�Lt�`��"'fi, � c}c 4, and =add it to Lot ?, 131ock 4, Innsbruck North Townhouse 3rd,Addition, the same being 5535 East Bavarian Pass N.E. Mr. Roland Kruger was pr�sent ta represent the petitioner. � Mr. Fiarris said this item had been bc�fore the Plats & Subdivisions- Streets & Utilities Subcommittee and they had.recommended approval of i.ize land division but recomrranded that this be handled as a replat instead of LJ �. �'- �i � � � ��, �,�, A � +e � � ._ � ; �� e r 4 � � � - = 3M � Planning Commi�ssion Meetinc� - May 22, 1974 � Paqe 14 i �j � � � � � � � � � LJ � � � , a 1ot split. One parcel of land hasa complicatecilegal descra.ption because it is taken from the common area. Mr. Lindblad asked if the petitzoncr had any objection to replatting. Mr. K�uger sa�_d they had no objection, except to the timc involvec� in rep�.ating. � Chazrman Fitz�atrick said this would be a pretty routine p�at so thc Publ.7.c Hear_��,g notices could go out for �he Planning Commission and for the Council ahead of time and this would hurry it up a�ittle. Mr. Y.ruger said they have sald the townhouse �vith th� garage that has the complicated leya�. description (5537 East Bavarian Pass N.E.). l�OTION by..-.�,ta.�ris ser.ondecl by Lir�ciblad, t.hat the Planning �Commisszan : rC�e�it.,^�,�e ctancept of the Zand dzvisa_on on Lo�s 5, 6, 7 and B, BJ_oc1> 4, I'iinsbxuck North Townhouse 3rd Addition, but. �c��nt�t3��j� ,' �ndled as�:`-a rep3at, xather than by .tot spli�sg� Upon a voice vote, a11. voting aye, the ntvtion carrzed unanimcusly. �1. REQUEST FOR A�OT SPI'�IT, L. S. �74-U4 , i�lRS. MI�:� ��: Spl:it off the Westerly 75 feet of the Easterly 14�.89 feet of Lot lI, Block 2, Spring L�ke Park Lakeside, to make another building site, which will be addressed as 1579 75th Avenue N.E. The petitioner had no�tified the administration that she was iII and was unable to att�nd the m�eting. Mr. Boardman said that when the petition�r callec� the off_ice, she was told that the Plats & Subdivisions-Streets and Uti.lities Sub- committee had recammend�d approval of tha_s 1ot �;plit, but that she �aould have to get a survey of this Iot. The p�tition�r agreed to do this. Mr. �3oar.dman said as far as the City administration is concerned, the lot �hat is being split off inee-ts al�. the code requir_ements so we have no objec-�ion to this lot spli_t being granted. Th� existing house on the paxt of the 1ot thaE will be left does :Eit on the 75 foot lot even if this does not meet the 80 foot corner lot requirement. Mr. Harris said the reason far the lot split is so th� pe-titioner can sell this por-1,ion of her prop�rty. She is a widow and the asse�s- ments for the street, ptus the fact that this is a large lot and too hard for her ta maintain are the reasons sh�want's to sell this part of her property. Mr. Drigans said he thought sameone from admznistration should contact� Mrs. Mt�stonen �nd explain 'to her about the -L-ax structure on thzs �roperty becoming two lots iri case she didn't sell the Iot as soon as she planned on. I�OTIDN by Ilarris secan�ed by Drigans, that the Planning Commission � rc�commenc? to Counci7. �p�3 � of thc-� reques� far a.Zot split� L.S. �174- 04, by Mrs. Mildred rlustonen, to split off �he Westerl� 75 feet of the � �asterZy 149.89 feet of Io� I1, II1ock 2, Spring Lake Park Lakeside, to ' Planning Commission Meeting - May 7_2, 1974 Page.l5 3� , � , � � r � � � � , I J � � i u , i make another bu1Zding slte to be addressed as 1579 75th Avertue N.E. iaith t1�e ��.zptzlat,�fit� that a survey be rnade of tnis property befor� final ��pprova_i zs given. Upon a voice vote, a1l voting aye, the motion carried unanimousl�. �. �Rt�QUEST FOR A� � '� L. S. # 74-0 5 � Split o�� the Noxtherly 4 f�et o:E Lot 4, and a"d �� Block l, Innsbruck Narth, the same being 5643 North Danube Road N.E. No one was present to r�present -the petitioner. Mr. Harris said the foundation is already in for_ uhis house � and they used the radius iron instead of the lot iron to locate the house on the ;.ot. They got �L-he house 4 feet too close to the property line to meet the sideyard.requirement. This is the reason for the lot split request. . Mr. Boardman said that Springf.ield Homes owns both lots anc� Lot 4 will still hav� a front footage of 78.36 feet which is compa�ab�.e ta other lot sizes in this are��. �Mr. Drigans said he thought this shou�d have been handled as a variance rather thari a Zot split. There will be a lot of legal work involved in a lot spli-t and a variance could be handled locally. Mr. Harris said it would be easier to obtain mortgage money on a house that meets a1.1 the setback requirements than one that has a�rariance. Mr. Drigans saa_d does that mean that every variance tha� is granted an a house may make it clifficult to sell? Mr. Harrzs said that usually no addit:ional land is avaii.ahle and a variance is granted on a hardship that is requ.ested by the property owner. On this x°cquest, there is property avazlablc sa that a variance is not necessary. . Mr. Boarc?man said that by reques�L-zng th.is 10-� split, both lots 3 and 4�vil1 still meet the code, and the petitioner fel_t this was b�t�ter than asking far a variance and having a house that did not meet t.he eode on the side yard requirement. � � MOTION by Lindblad, s�conded by Haxris, that the Planning Commissior, recommend to Council approval of the.reqUest for a lot split, L.S. 4�74- 05, b� Springf_ield Homes, to split off theNortherly' � feet of Lat 4, and add it to Lot 3, Block 1, 1'nnsbrucJ� Nortli, the same being 5643 IVo.rth Danube Road N.E. Upon a vaice vote, I�arxis, Lindblad, Fitzpat.rick vo�ing aye, Drigans abst�aining, the motion carried. Mr. Drigar:s said he abstained because he felt this should have been handled as a varianc� rather than a lot split. Y.� .. . � . . .. 13 . RECE�37E PARIiS �� "�RECREAT��_ COMPRE SI?VE P1�RK P:LAN _ .�' _ �" Mr. Boardman said the Council had this on thezr agenda on May 20, 1974 and they delayed any action on this plan until surveys are done and there is a more detailed study on the bi�ceways and pathways and on park usage. This delay wi11 be between six and seven months. � � , , J : 30 Planning Commission Meeti.ng - May ?_2, 1974 ' Page l6 •. Mr. Boardman said thi.s was giv�n to the Planning Commission just to receive the Plan. You don'�t have to discuss this unless you want to have a c�iscussion so your inpu-� can go to the Council. He sai.d -L-ha-� a11 the recommendatibns that were mad� by the Planning Commission were incorpor_at�d into the Plan by the Parks & Recreation Commission•, except,for the changing of the name. Mr. Drigans he ��ould rather had requested. said they could e�iscuss this. Mr. Harr_is said that wait until they had the same information that the Counci7 I�OTION by Harris, seconded by Lindblad, that the Planning Commissior � �r�;'the receiving of the Parks & Recreation Comprehensive Plan pendinq , the receiving of t17e same.' information that has been requested by the City Council. Upcn a vbice vote, a.i.Z voting aye, the motion carried unanimously. , k�.� '�� *� =S`.E�A�k, ,� , � i , � , � � � ' � Mr. Boardman said this study was reques�ed by the City Coun�il because they had a request to deve�.op a sing_le family residence inta a commercial development, and this location di_d not mee�t the requirement: of commercial developrnent. Th� Council did deny t�his requ�st and then they request�d -that the Pl�;nning Depar. tznent do a study on the commercial. area o� Hyd� Park to deterinine the best way to coznbine lots sa this area could be developed. � Mr. Boardman presented a map of Hyde Park showing the locat�.on of the R-2, R--3 and comrnercial area. He said that what the Planning Departntent did was to go through this area and locate atl the structures presen�ly on these properti_es to determ.ine what type oi land use we had. Yellow designates residential, orange designates apartmen�s and red desi.gnates coznmercial. Chairman I'itzpatrick said the request tha� the Council received was in the commerc�ial area. Mr. E3oardman said it was, but what the petitioners wan�ted ta do was turn a resid�ntial structur_e i.nto commercia� and there was a problem af var.zances and that -the lot size dzd not meet the commercial r�quirements of 20,000 square feet or_ a lot width of 160 feet. Th� Planning Depar-;meri-t divided the parce.ls up into usable sa,tes according to present lot lines to show what would be feasibl.e f or someone to buy and still leave a usab].e si�e, without requesteding a variance. The map presented shaws the plan we came up with. Mr. Harris sa�_d that �his study only concerns the porL-ian of Hyde Park that is zoned r.ommercial then. Mr. Boardman said yes. Mr. Boardman said the dotted lines on the map show o�anership of the lots. ' M.r. L"indblad asked if the Council or the Ci�y had any long range program for this area? It is such a blighted area. Mr. Boardman said th�i� the only way that we are going to be aUle to do ��nything in this area as far as r.ont�olled develapment is to eigher stick to a concept plan lilce this, which w� stzll ma.c�ht have some problems with, or go to � ' C � � ' � 3P Planning Commission Meeting - May 22, 1974 Pag� 17 Iiousing Redevelopment Authority. Because of the amount of property owners, it is unfeasible for ariy commercial developer to come in anc� purchase that much property, tear down that many buildings, and stzl.l put up a commercial building. We ar_e going to have problems with this area for the rest of our livcs, Mr. Eoardman said �'�1��. we are askinq the Planning Commission to approve is a concept, and ask �theri to stick to that concEpt in consid= ering any proposals for �this area. . Mr. IIarris said a Housing Redeveloprnent Authority �vas very unpopular in Fridley, and just mentioning it, he could sme11 the tar. - Mr.}3oardma� said if someone cornes in and purchases a cauple of lots and tries to develop it commercially, with variances and other problems.�, we are going to have the same thing as we have up in Onaway. This is really so��ething we doz�`t wan-t. , Mr. Harris said that if this plan becomes a public document, he could see all kinds af pi-tfalls. The first i.hing people in ihe area ar� going to say is -�hat you are going to take my land away from zr,�. , They won't understand the purpase of tr�e p1an. We are going to h�rve ta make it ��erfectly clear what the purpose o� the plan is. � � , � ' � � , Mr. Driga�s asked what criteria the Plannin_q Department used in establishinq the size of the parcels fox: development? Mr. Boardman said first they divided: the area into paicels by ind.ividual ownerslZip. He said that what thEy were suggesting was to have the sm�1.ZE.r parcels on the inside, because of the corner 1ot restric-�ions. Chairm�n Fitzpatrick asked the range in size o� the proposed divisions of parcels. Mr. Boardman said the smallest parcel was 20,600 square feet. Mr. Harris asked ho�a� many commercial enterprises were in this area no�a. Mr. Boardman said the BeII Te:Lephone is i.,n one area. We have the Schmedeke Used Car Lot, and Gabrelcik's.�iugg7_i. Manufacturing is in this area. Mr. Lindblad said he thought Mr.:Niuggli so.lc�.out to Kurt Manufacturing. Mr. Boardman said th� comrlercial r�zoning fo� most of this arGa is really not too feasible. �ie said it was brouc�h-t out in the first study that th�; type o� cammercial that would be attractcd -�a this area would probably only pay about $1.60 per square foot, which is the comparak.�le price in this area, and the costs in t�his area, with te��zring down the buildings and other costs,, would bring it to approx�.matel_y $?..GO per square fooL. Right th�re we are talking about $1.00 per square foot moze than most commercial enterprises will pay. This, of course, was the cost at the time of the first stuay. Mr. I3Qardntan said he thouc�h�. it would only be a matter of time ' bEfor.e the City would have to go t.o a Housing I�uth�rity so this area could be developed commer_cial]_y. Mr. Harris said this woiild have to c�o to th� voters, and he couldn't see it passing. , � : 3Q � Pl.anning �Commission Meeting - I�ay 22 , 1g74 • Pag�e 18 , , C� � � �J � , � ' 1_I � � � � � , , ' ' Mr. Lindblad asked by a housing autharity, what do you infer? Mr. Harr_is said it woul.d give the City thE right to go to cond�mnation, condemn the prop�r_ty, tear it all down, replat it, and sell it for commercial development. 1� Housing Redevelopment Authority provides the funas wiilz federa_l aid or other programs available. •�i'he moi�.ey, in effect, is returne� to the Housirig Redevelop- ment Authority when the property is sold. Mr. Baardman said the City would have tro�ble getting any federal funding unless it became invol�red �vith some housing authority. He said he thoughC. that one znistal:e that was made when the first housing authority �vas proposed for Frid7_ey was that nat eizough information was given to the votez:s. blr. Harris said he agre�d with P�Ir. Boarc�irnan that a lot oi things need to be dane in Hyde Park, but from a practical standpoint, �aha-t can be done? ITe sai_d rlinn�apalis has h�d a sad experience witti a Housing Redevel.opment Au�.horit��. They tore dewi� large tracts of housing and the area was very slaw to develop. Mr. D.rigans said maybe the approach to Hyde Park would be ta work on one ar�a at a time ancl c��:�k.;�ntrate on that area. :Lt looks like the commerica.l area could be divided inta four sections. Mr. Boardman saidt=herc�could be other ways to develop this area. Industrial Revenue Boriding is now available to commercial ar�as. P�ir. Harris asked if the Cit� would have the righ� o� condemnation unde.r Inc�ustrial 2�evenue �3on.aing. Mr. Boardman said the only way the City wot�ld have the riqht of condemnaiian would ba through a housing authorit5 Mr. Boarc�man said thi.s could be developed piece by piec�, but you have to really follow a concept to have gaod control on dEVelopment. If someone cazne in wi�th a proposal that was less than code and required var_iances, wi-th a plan like ihis, you would havc a better k�asis iar denial. Mr. Harris said he though.-t one o� the bic�gest problems in the area right now is that the prop�r_ty :in Iiyde Park is pr_zced right out of the market. It was six year_s ago, and he didn't think this had changed. Mr. Harris askea if �here was any proper-ty in the commercial area of Hyd� Park that cJas vacant or �znsafe for h�bita�tion. Mr. Boardman said that only orie hause has been condemned. Mr_. Harris s�id he thought a close watch should be kept on this area so tha-� any marqina� houses could b� condcmned. Mr. Boardman said the City could do that under present State regulations for hazardous buildings. Ho��ever, the devel- opment of a City Housing Code'could pxovide a betL-er way to contral it by �he establishment of more workable standards. Some cities are developi:r�g an occupancy permi� program. Chair.man Fitzpa tric}c said Minneapolis has a housirig code, but ii is very minimal and not eni'orced very wel1.. Mr. Drigans asked if this occupancy permit would mean that i� a Planning Commission Meetinq - Ma� 22, 197� Paqe 19 3 R � � ,house �vas sald, that the buyer cou_ld not move in without an occupancy perrtiit? Mr. Boardman said that was correct. That house would have to meet code before it could be occupied. Mr. Drigans said he thought this was takcn car_e o£ when you applied for a mortgage. Your house 1 has to meet cer_fi.ain codeu to g�t a F.H.A. or G�T, loan. Mr. Baardman said 'this ��rouldn' t cover �onventicazzal loans or someone taking over a mortgage, or someone paying cash for a home. Mr. Fitzpatricic said � this occupancy permit would cover rental property also. Mr. Boardman said maintenance could be covered with this also. � , �� , � , , �J � LJ � � Mr. Harris said that if a tax credit �aas given for maintainir..q your home ir_stead of p2nalizznq p�ople by razsing th� taxes for im- provements, there G��auld be a lot mor.e main-�enance done. Mr. Drigans asked Mr: }3oardmal.l i:E he had any documentation or narra.tive on this proposed Hyd� Park study? Mr. Boardman said�it was strickly an oral presentat�ion. Mr. Boarc�lrnan said it ��as thought that there shouZd be a Pu�alic Hearing set on this study. Mr. Drigans said that beFore the Planning Commission did �that, he ��:ou�.d Iike to get some background on hor•� the Planning Department developcd this conr.ept, what criteria was used for this plan, so that �ae can answer in-Le"lligeri-�ly any questzons that are asked at this Public Hear_ing. Mre Boar_dman said he z�oulc� see that the Planning Commission got this inEor_mation. Mr. Boardman said wha-t we are looking for is concep� approval by the Planning Commision, a concept apprcval that �i-hey are willing to strive for. �Then the people in the ar.ea should be notified that this is a concept approval and this is what tl�i� City is going to strive for in this area. A plan that has be�n appxoved by the Planning Com�nlission and Council has more i:eeth, if they caant to use this plan as a basis for a denial of a request. Mr. Soardman said that if the Planning Corru-nission doesn' �t wanf_ to have a Yublic Hearing on �his proposal, they can approve the concept and send it on to the Council and let them hold the Public Hearing. Chairman Fitzpatrick said that while he approved th� concept of having the parce:Ls Zarc�e enought t.o meet the commercial requi.rcmen�s, he wouldn't, want to give approval of sorn�one's property being part of one parcei rathe.r than another parcel. So �ahat concept are we approving? Mr. Lindblad said that this concept looks real good on paper, but it real life it might be very difiicuZt to develop in just -�his way. Mr. Harris �-�slced how many proper�ty owners were involved in the commercial area. Mr. Boa:rdmari said he though-t it was about 70. Mr. Harris said he could see that this concept would make it 1 easi�r to d�ny variarices and developmen� of small. parcels of land. Mr. Li.ndblad said w� would have to determine what would be good ' and what would nat be good for this area. What kinc� of busiiZesses should be in the area and what kind of buildingsfwe want. Mr. Iiarris , � ' � � � � 3S Planning Commi�ssion Meeting - May 22, 1974 � Page 20 � said this would be up to the developer. Mr. Boardman said not necessar- ily, k�ecause.we do havE• codes to follow. This is zoned C-2 and there are r�s-trictions on what can be develop�c3. The.re are some things that came in under special use, but this could be d�r�ied al.so with a concept p1an. Mr. Drigans said the only thing he would be ready to a.pprove would be that there shauzd be a concept plan far this area, but not necessar- ily th:i_s concepl.. P•�aybe there should be a new layout of streets, etc. There may be a betier «ay to dcvelop this.' Mr. Harris said with this many �azcels, ho�a would you impl�ment a new street plan. He thought there had been enough problems with the slip-of� plan. .� Mr. Fitzpatrick asked what would be wrong in referring this to the_:FJ-idley Hausing I�.utl-iority. Mr.. Boardrnan said that the Planni_ng , Commission can only recarnmend that Council send -thi_s . item to the Friclley Hausing Authorit.y. , Chairman Fi.tzpa�trick asked wh�t the CaunciZ want�d from the Planning Coztimission? Mr. Boardman said the Council asked that this study be done, and we felt that it should go to the Planning Commission far their review. Chairman Fitzpa-trick said tha-t if the Planning Comm.zssion was going to have a Public Heuring on this study, we wouldn't want ta approve a concept prio.r to �hat t:i7ne. Mr. Harris said that when �oe are dealing with that many people's futures,.�ae should find out what they th.znk. Chainnan Fitzpatric}� said that Mr. Drigans has asked for th� criteria used in preparing this study. It is obvious that yau aze creating parcels large enough for comnurtercial development without Zeaving unbuildable 1ots. P�ir. Baardman said they took what was there and tried to set up a ieasible concept for the total development of the commercial 1and. Mr_. Fitzpatrick as]ced if ther� wer� copies available of the Hyde Park S�udy done five years ago? P�ir. Boardman said �here were. Chairman Fitzpatri.ck said he had a copy, but he thought the other members of the Commissian shauld have a copy alsa. Mr. Lindblad asked if -this area could be more feasibly developed i� it was rezoned to a grea�ter use? rir. Boardman said the land require- m�nts caould be even grcater. Mr. Drigans said he caoulct like the crite.ria used in settzng up this p1an, the minutes of �Lh� meetinc�s he_ld during the last Hyde �ark Study and a copy o� the origin�zl study. Mr. Fitzp�trick said 'that he remem- bers that there wasn't a great deal o.f opposition to the rezoning. Mr. Fi�tzpatric}c said t:he Planning Commmission did not have to take any action at this time. They �v_i11 wait for the informati.on that was requested. � �� Plarinir�g Commi.ssion Meeting - May 22, 1974 v,; , �,�,... _ . _ -�- , . � . . ��'�7 OF: SECTI��=-- �:...TI�� C'"r��''� +�� Pacre 21 3T Mr, T-Iarris said that at �ome future date, he woul_d like the , Planning Con�mission to revi�w SectS_on •205 oF the I'ri.dley Code. Iie said ther_e �re many areas that are quite vague and hard to int�rpret. Mr. Boardman agreed with Mr. liarris. . ' ' � , ' , , , , ' , L__J ' � ' �� ' Cha.irman Fitzpatr_ic}c said this i.s some�hing the administration could take under advisement and put on our agend�z when we don't have so many ather items to consider. SPECT�II, USE PE.F.MIT AND V�1��7ANC� CONSIDERATION CRITERJA l�OR ADVER`I'ISING STGNS� . Mr. Dric�ans said he hac� compiled a list that could be used as a criteria on handling requests for�variances and spe�ial use permi�ts on billboards. He as}:ed the Planning Commissior� to read the list from the �oard of Appe4�ls minutes of �k�Say 14, 1974. I. Welfare, Safety o�c Public 2. Environmc�ntal Impact: -- Visual Pc�llution 3. Finarcial - a. Loss to o�vner . b. Lass to L�asee c. Loss to City 4. Miscel"laneous - a. Location b. Length of Time Sign Has Been Ere�ted c. Condition/P�Iaintenance Sign Has Received d. Other Chairman Fitzpatrick ��.sked how much . time is meant by l.e.nth of .time? Mr. Drigans said he though-t about five or six years. Chai�rman Fitz- pa-trick said ihe Pl�nn�_ng Commission said each billboard �nouia b� considered on �.ts o��m n�erit and if these c�uestions c�rere ask�d on each request, the answers could determine our decision. Mr. Harris said he thought it �ras a good list. r10TION by Drigan,s, seconded by Harris, tha� the P.Zann.ing Comnrission for co Y( ,. �`o`cre the 'criteria�; fr_om the Board of �lppeals meet.zng of Ma� 14, 19�4, ns.zdering spec.ial use pe.rm:its and variances for a�i�v i ing siyns, and tha t a copy of ihis cr.i teria be �; �r'�: �x �i"' for specia: use perrnits and variances on bi_Z.Zboa`�ds. lflpon a voice vote, a1.Z vot_ing aye, the motion c�rried unanimously. M'r.FIarri� said he thought almo�t all the billhoards are going to rec�uire variances. ; Mr. Harris said he thought these shou]_d be ref erred to �he Environmental Quality Commission first. Mr. Drigans said they are not aSub�conuni�tee �f the Planning Commission and he thot.ght it was up to Council what was reterred to �hc�rn. . Mr. �,indbl.ad said that i� ihings areri't referred to �hem, they nc�ver will become a Subcommittee of the Planning Commission. ,�<� . . 3U Planni.ng Commission Meeting - May 22, 1974 � Paqe 22 Mr. Harris said tha� maybe we should make a r�quest of Cauncil that t�hey refer these applications on billboards ta the �nviranmental Quality Commi_ssion, and then send their input diz:ectly to us. He said they wou7_d ]zave to give reasons for their r.ecommendations. . � MOTION by Ilarris, seconded by Lindblad, that�the Planning Commission request the City Council �o refer. a.Z1 the requests for the continuatzan of billboa.rds tt�at need specia? izse permits or var_iances in the Cit� of Fridley to the Environmental Quality Commissivii for their review and recommendations and that these be Forwarded to L-he Board of. 1lppeals and Planning Comin�ssion before they make their .. final disposition on these requests far variances and special use permits Upon a vozce vote, a11 votirig �ye, th� motian carried unariirr�ously. Chairman Fitzpatrick adjourned the n�ee�ting at 12:45 A.M. . Respect�ully submitted, � cr,�-'�.�-�.-�CfL � � ,?�,v'-�,-�;2r�-rt1` Dorothy Eve son, Secretax�y � ' , ' THE MINUTES OF THE BOARD OP' APPEALS SUBCOD7MITTEE MEETING OF MAY 28,.1974 The meeting was called to order by Chairman Drigans at 7:34 P.M. MEMBERS PRESENT: Drigans, Crowder, PZemel, Wahlberg MEMBERS ABSENT: Gabel OTHERS PRESENT: Howard Mattson - Engineering Aide Jerry Boardman - Planning Assistant _ MOTION by Wa1�lberg, seconded by Crowder, to approve the minutes of the ' May 14, 1974 meeting as w�'itten. Upon a voice vote, there being no nays, the motion carried. ' � '� ' � ' 4 A RE OEST FOR VARIIINCES OF THE CITY OF FRIDLEY CODE AS FOLLOR'S: SECTION 205.053, 4B, 5A, TO P�FDUC�' TF3F S_TDE YA :D S�TIi71CK CN A STF�ET SIDE OF F1 CO�•IvER LOT FfiOM 17.5 FEET TO 6 FEET, P^ID, SECTION 205.053, 4D, TO REDUCE TriE BACK YaRD SET$ACK � ON A DOUBLE L'RON`P:�G� LOT FRO:�'I 35 �'�T�:'T TO 30 FFET, TO P_LLOW TIIE CrJNSTRU ��r GAT.'.AG� ` 9 �F� Z�O�=��TED CN LO'I' l, BLOCK l, ��IURDI X Pr 'K ^l i- �tti5 ' - NG �iY ,� N.E. , r RIDLEY, f�TIN�1r,SOTA. (RF'OUEST BY 688 Giiti'7AY #� 00 N.E. , FRIDLEY, MINi1ESOTA. ) MOTION by Wahlberg, seconded by Crowder, to waive reading the public hearing notice. Upon a voice vote, there being no nays, the motion carried. Ms. Abrams was present to present her request. Slie explained that she has a double frontage lot between Cheri Lane and Highway #100 and also has Monroe Street running along the east proper_ty line. She said Monroe Street is not an improved street and they are the only people that use it. She said the land adjacent to hers, across Monroe Street, is owned by the City and by Target. She said their qarage will_ face Highway 100 but they will exit onto Monroe Street. . Mr. Crowder asked if they presently have a garage and Ms. Abrams said they didn't, they just pull into the driveway. ' Chairman Drigans asked why they want the garage exiting onto Monrae Street ' when its not improved. t�7s. Abrams stated they can't exit onto Cheri Lane w�ithout cutting down or into a hill and they have just gotten their yard to look pretty � good and they don't want i:o dig it a7.1 up. ' Mr. Crowder asked why Monroe Street has never been vacated. Ms. Abrams said maybe its because there zs a watermain running down the middle of it. She addec� that in the 12 years she has lived there, the City has never plowed or � maintained Monrae Street. Mr. Crowder added the 33 feet for this right of way is a lot of land thai� seems to be going to waste. ' 1 ' � ' , Mrs. Wahlberg asked it the neighbors have been talked to about the variances. Ms. Abrams said they only have one neighbor and they have no objections. MOTION by Crowder, seconded by Wahlberg, to c].ose the public hearirig. Upon a voice vote, there being no nays, the motion carried. . Mr. Crowder stated he had no ob�ections to the variances but he felt the � street should be vacated. Mrs. Wahlberg st�ted she felt to require a hard surface driveway would be un£air in tliis situation but Ms. 1lbrams said thcy already have a driveway in, ' out to Monroe Street, and they will be adding the apron to the existing driveway when the garage is built. �� *� �� , ' , � � . ' � ' � ' � , , � S ' ' � ' ' The Minutes of the �oard of Ap eals Subcommittee Meeting of M�y 28, 1974 T�ON b Wahlberg, seconded by Crowder, to recommend to the City Council, :al,�f the variances. Upon a voice vote, there being no nays, the m �'ion carried. ' . Page 2 4A `�,A REQiJEST FOR A VARIANCE OF SECTION 2G5.053, 4D, FRIDLEY CITY CODF, TO REDUCE THE BACK Y71i:D SETBACK ON A DOUBLE f� RONTtIGE LOT FROM 35 FEET TO 8 FF.ET, TO ALLOW THE CONSTRUCTI0.1 OF 11iJ' N� '�" O IIE LOCATED Oi1'L07.' BLOCK 1, SW7INSTRp�•9 `S COURT DTfiIO t�l,. C)OA I�AN� W � FRIDLEY, h1INNESOTA. (RrOUEST BY LLS� 133 `"LZ�N�' N.E., FRIDLEY, NIINNI:SOTA.) Mrs. Lee I�rills was present to present the request. MOTION by Plemel, seconded by Wahlberg, to waive reading the publ_ic hearing notice. Upon a voice vote, there being no nays, the motion carried. Mrs.•�Brills explained she has a double frontage lot between Skywood Lane and Skywood Court. The pool will be located in their back yard, 8 fe�t from the Skywood Court cul de sac easement. Mr. Crowder asked why they wanted this large of a pool (18' x 36`) and why it ' '.is to be located where proposed. Mrs. Brills said they didn't know the pool wouldn't fit on the lot legally as the pool company told them this size pool wou2d fit on thezr Zot. She said they didn't buy a different shaped pool because they don't have the depth that this one has and their son is a diver. She said , the location was partially determined by a tree that they want to save. She said it could be moved a little closer to the house, where they now have a • patio, but it still wouldn't meet the 35 foo� setback requirement. , r � u , r LJ ' ' ' • L_J� Mrs. Wah�berg asked why a pool has to maintain the same setback as an _ accessory building when it is not a building. Chairman Drigans stated he felt it was because this will be a permanent structure being that it is in the ground. Chairman Drigans asked what type of fencing will be provided. Mrs. Brills said they now have a partial cyclone fence with 9 foot bushes and a partia2 6 foot redwood fence. She said they also have a gate that will be removed so the only ' entrance to the back yard will be through the house. Chairman Drigans said the Lidb�rg's, secand hcuse to the east, brought in the public hearing notice they recei_ved and stated they have no objections to the variance. Mrs. Brills stated she talked to her neighbors and they have no objections. � Mrs, Wahlberg asked if the pool will be heated. Mrs. Brills said it will be heated but it will not have a roof over ito She added they have patio blocks between i�he house and the proposed pool that will be �aken up and replaced with cement. She said the dirt that will be dug up will be used to fill where the soil is eroding between thei.r lot and the neighbors. She said the•City was supposed to fix this but they never did. . M(1TION by Crowder, seconded by P1eme1, to close the public hearing. Upon a voice vote, there being no nays, the motion carried. � -� � �. '�, ,�4¢';:i : . ','3`'ryiFil��;?�„ . �� .,az � .� .� Mr. Crowder asked if the elevation of the land is the same or higher than the street. Mrs. Brills said their back yard is about 10 feet above the street. Mr. Plemel stated the fence and the elevation will certainly assure privacy so the neighbors shouldn't mind. Chairman Dr_igans stated it will onZy be 10 feet from the street but it is the rear yard and it is elevated. The erosion problem should be checked by the Engineerinq Departmen�. Mr. Crowder said his only concern would be with the neighbors but they seem to have no objections, fie said there should also be a boulevard between the property and the street so it caon't be quite as severe as it seems. ��QN by Crowder, seconded by Wahlberg, to recommend to the City Council, ��1 of the variance. U�on a voice vote, there being no nays, the motion carried.� . � � A RE U�. FOR VARIANCES OI' THE FRIDL�Y CII'Y CODE AS FOLLOWS: SECTION 205:075, 2i� , TO =THE RE UIR:�D NUi�i33ER O,� FF ��'REET 1�RK,XNG ��.' � RO � ALLS TO 235 STALLS, AND, SIJCTICN 2C5.074, 3, - ` ROii i9QU SQUARfs FI.�T TO 1I10 SGIJAFw FEE`I', :'O �LL0��7 THE CONST�ZCiCTTt'�� OF AIQ 144 WIT �, _ APFIRTI�IENT COLI°LEX TO F3E LQCATED 0�1 THF T'�'�ST Fi<�LF OF `�HL NORTHE?�ST OUI`�RTER Or .�:�F SOUTIIL9EST QUArTEP OL' SI.CTIGN 1.4,!'I`-30, R-24, EXCEPT Ti.E SOUTH 185.0 FEET TNi,�,Gi', AND }_�XCEPT PARCELS A 1.ND B r T=iF; Sf=�!�iy' Br ING FORDI;rZED ?3Y 63RD AVEPdUE ON T?iE SUuZ'H, A4ISSTSSIPPI ST: EET Oi`I TiIE NORTH, 7TH STr.L£'T OTd TI:�: Er�S`I' AND 5`I'II STR:ET ON T'rIE 4JEST, THL SAi�L�' B�TNG 6451 — 5TH ST?��.�T N_E., I�RI;�LEY, �1INNFSOTAo (REOUEST BY � THE �'��TI 8200 i�IOR�iANDALE, MINT�?EAPOLIS, MIPdNESOTA.) MOTION by PlemeZ, seconded by Crowder, to waive reading the public hearing notice. Upon a voice vote, there being no nays, the motion carried unanimously. � Mr. Frank Reese, architect, was present ta present the request. Mr. Reese explained the first proposal was for a long building but when soil tests were taken, tt�e engineers wanted the building to be changed to get it on better soil, so they went to this now proposed u-shaped building. He said this building�also � lends a softer effert io the project. He said because of the change in the . building, they needed to change the makeup of i:he building. He said they have loca�ed 2 laundry rooms on each floor and each contain 3 washers, 2 cZryers and � a counfi.er with a soaking sink. He said this way they end up with 1 machine per nine familie� and they don't have to leav� the floor to do the laundry. He added one dryer �_s a 15 pound machine and the other .is a commercial 30 pound machine. � ' Mr. Crowder asked if he was correct in thinking that the Code says there should be 1900 square feet per building which would be b33 squar_e feet on each floor. Mr. Mattson said that was correct. Mr. Crowder said the variance then asked for is 370 square feet per floor which would be 123 squaze feet per laundry room. Chairman Drigans stated his personal feeling of the Code in this area is that ' it should be reevalua�ed. Mr. Crowder stated that the Board had recommended that this seci:ion of the Code be gone over and asked Mr. Mattson if this had been .done. Mr. Mattson said as far as he knew it had not been done. Mr. Reese said ' it was his understanding that the Code requirements for laundry rooms was written a�. a time when dryers were not provided and the people used clothes lines. , , � ��.:. ��,�,:,�, � {� � � �� _ . � _ �_�, � .. . . � " b;K�� ' � � � � ' � � � , � � ' � � The Minutes of the Board of Appeals Subcommittee Meeting of May 28, 1974 Pageiq, , Mr. Keese said a last minute change in ti�eir plan was to change the parking stalls to have the number required but to change the size of some of the stalls in L-he garages to be a minimum of 9.2 feet wide instead of 10 feet. He said it �� is not unusual to have a 9 foot parking stall considering the increase in smaller cars.' He said all of the outside stalls would be 10 feet wide because of the snow in the winter, but he felt 9 feet would be adequate for a garage sta21. He added some stalls will be 9.5 feet wide and then �he stalls for the handicapped would be �4 feet wide. Mr. Crowder asked if the garage would be post free. Mr. Reese said there will be double stalls between posts. He said they have to break them up for fire purpose� too. M.rs. [^7ahlberg asked if this was a security garage. Mr. Reese said that it was and was one of the better ty��e garages. He said there will be a short walk to the back door of the apartment and he said they are talking about some type of walkway covering but it is not shown on the plan because they'are still talking with the Fire Chief about getting fire vehicles into the building., . Chairman Drigans said on the 7th o£ February, the Board granted a variance to 144 units on this property. He asked if it was still to be 144 units, Mr. Reese said it will still be 144 units but the number of each type of unit has changed to be 30 tri-spacer units, 54 single bedroom and 60 two bedroom. Chairman Drigans stated the variance �n the nia.mber of stalls has been withdrawn then and if the Board considers a recommendation on the variance.for the.'Size of the stalls, a legal opinion could be obtained at the Council Tevel as,to whether public hearing notices have to be sent out. Mr. Doug Juenemann, 6280 - 7th Street n.F., stated he would like to know what is to be built and asked why t1�e Wall Corporation keeps changing it. Mr. Reese explained the past proposals and then went over the present plot plan. Mr. Juenemanz�,after hearing the proposal,had no objections to it. . MOTION by Plemel, seconded by Wahlberg, to close the public hearing. Upon a voice vote, there being no nays, the motion carried. Chairman Drigans stated it should be recommended that the Council, if need be, notify the people, if the Board takes approval action on the stall siz.e variance. Mr. Crowder asked if the City Code states tlze stalls for the handicapped have to�be 14 feet wide. Mr. Reese said this is a State Code and the width need only be 12 feet wide but they wanted 14 feet in cuse of,a van with a side ramp. He said they could take aff some width frorn the handicapped stalls and add it onto the insi�e stalls to make them wider. Mr. Crowder stated since the laundry area requirement has not been studied, which he feels it should be, he didn't know if 1110 square feet of laund�y room is sufficient or not but �hey do have 2 rnoms on each floor with 123 feet in each room. Nir. Plemel said he could see no problem with the laundry area. He added the , appearance of the building is improving each time they present it, and more smaller cars are being sold everyday so he could see no problem with the parking sta11 size variance. . � � � ' � � � � , ' � r The Minutes of the Board of � eals Snbcomrnittee Meetinc� of May 28, 1974 Pa 4 ll MOTION by Wahlberg to '� ' ``' `" �d.uc� the ].. _. , ., �;� f . She sa� since the �a i �C.,1 p��: u. stalls ` , -;a�u � appro�al for the r� '�c,#� ��;.#the parking stall ", z�,.�. �ide 'ti4`��`g�� ' ��;�. ta a. minimum of 9.2 f��.�.,provided the �ity Attorney �t th� �suncil 'rules this approval is legal.� ��Chair.man Drigans aaa�a to the motion� fihat in the event the City Atto�ney rules another public l�earing must be held and notification serZt out before action can be taken, the Board recommends the hearing be handled at the Council level t-o save time, and th�t the Council acce�t the Boards recommendation for approva]_ of the variance. Secoi�ded by Crowder. Upon a voice vote, there being no nays, the motion carried. r A �[IEST FOR VARI:INCLS Or THE FRIDLl?Y CITY CODF 7�5 FOLLO:��S: SECTION 2Q5.134, 4C, TO FIE R�AR XA ST"�.'$AC ° Fi.O:^�1 THc� RE UIRED 25 F�,ET TO 8 FEr�T� F.iv'D� SFCT?ON 205.135, ; E3, ' N .`�'} R� �' 3.ZE�' PARKIIrT ' FROr�! NO CLOSER TO A LOT LINE Ti1�:"J 5 FEET TO ZERO i��:ET, E'1T�I:� `.I'0 ALLO(ti� 7'r'TE CO_JSTRUCTIOi�I OF A 4?PRLFIOUSE Z'O BE LOCAT�D OTd LGTS I� 2� 3� 4 t'1i1J 5� BI�O!'.K 8� OP�T[1I''AY ADDITIQ� . TIIE S�i�iF: F3EI:v'G 7.%,�.�,Q,��hL�Iid S7.'RLF;T N.F. , FI;IDLEY, i-IIi�„d�SO�':-1. (F.?!:QU1:ST BY: RZVF'RVIE�9 TEI:P.�.C� A..E. , L'RIDL�Y, MLNNEUOTA, ) 6210 MOTION by Crowder, secon�ed by Wahlberg, to waive reading the public hearing notice. Upon a voice vote, there being no nays, the motion carried. Mr. Ric}Zard Harris was present to present the request. Mr. Boardman explained that this building had just been before the Building Standards Design Control Su}�committee where they changed the building to be 10 feet farther to the south. This change however will not aftect the variances. , Mr. Harris explained he proposed to puL- the building riext to the 8 foot drainage and utility easemerit on the rear lot line which will leave an 8 foot rear yard. He added the utilities are overhead power lines. He said this placement will line up this building with the existing building to the south. Mr. Harris said � , the parking area between these two buildings, where the parking variance is needed, is wher_e he plans on storing his equipment. The surfacing will be asphalt raofing chips that are th� only thing that will stand up under heavy � equipment. He added the parking lot far cars, on the north side of the building, will be blacktopped. � Mr. Crowder the 1.oading doors on the 1 � �J , ' asked where the ioading docks are on the building. Mr.�Harris said and unloading will be done entirely from 78th Avenue. He added the front are drive in doors to go into the building. b'Lr. Boardman explained the City has been using 20 feet for the setback on a corner lot for parking lots and Mr. Harris interjected that the Code only states 20 f�et for the front yard setbac}� but says nothing about setbacks for parking lots on a corner lot, r1r. F3oardman stated the City has required variances on this in the past and if the Board wants to act on this, just to keep the pracedure followed uniform, they can. • Chairman Drigans asked if it wouldn't save costs if the existinc� building was added onto instead. of building a completely new`building. Mr. Harris said he may connect the two later on but he can't add on to it now because the back door is used..zn that building. � , . �''' �'� _, ,.- �:��,, � . ��'�i�' -., » _ �f*• k�Y� � . ,. '� �� A�,� �,;,, .�, ��; � >,._ _ � , � .�, . ��. �'.�.�' ..� ., :�; ' � . � � � °_ �x ._;� .� �z`- : <- '�^� -w,� . �::' : � .w. . na. �r4 .. <•:.., ... .. . . � .:t�� . � . . N .t. `�.w1' 8`�" . . . � ��el ��: ��5 � . �� tN/4�� , I � � � � � , �l � � � � � • • r . �� , . Mr. Crowder asked if the back of this buildinq would be used at all. Mr. Harris said it would not be. Mr. Harris added he only has 23 percent lot coverage with this building while the Codc allows 40 percent. It was brought out that the exterior development on the west side (toward the back) of this bui�.ding would be deferred until it is determined what Paco will be doinq with their exterior develo�meni. MOTION by Crowder, seconded by P7ahlberg, to close the p�zblzc hearing. Upon a voice vote,•there being no nays, the motion carried. Mr. Crowder sta�ed his concern was with the back yard and i£ it was to be used, but since it is not to be used, and since with the two doors in the front and the. door off the side it ieill probably zlever be used, he could see no problem with , approvii7g the back yard variance. He said on the 5 feet ta zero feet for par}.ing; the Boar_d has had qui.te a number of these variances in this area so he has no qualms about this variance. Mr. �oardman asked ii part of this building was to be sold and P�ir'. Harris answered that it was not. Mr. Boardman said the only other item to consider would be the joint parking between the Paco build�_ng and the Harris building which will also need a va�-iance of f_rom 5 feet to zero feet. Mr. Boardman said he didn't know if the Board could act on this tonight or not but it should maybe also wait until Paco comes in with their proposal. MOTION by Plemel, seconded by Wahlberg, to recommer_d to the City Council � of the two variances for back yard setback from 25 feet to 8 feet and the off street �arkinc��xom 5 feet to zero feet from the lot line, wi�h the that an �eame�� ;�e drawn up on the parking arrangeme�� if ga�� crf: R � an �the request ior, a variance for joint parking wi11 �cc�me �� when �.t is determined what Paco will be doing. Upon a voice vate, there being no nays, the motion carried, An�OURNP�tENT : The meeting was adjourned by ChaiY-man Drigans at 9:30 P.M. 12espectfully submitted, �2<? 1r .1 j r� � �� , MARY HIN'�Z C � Secretary 9 � BQARD OF APPEALS — ITEM #1 � 1{ F land Planning �t� f ��l �(!�` , . .E. ' Land Surveying is� Soils �esting �'jr�rjl{�i��ij��j ��%��• Minn, 554�2 Civil Engincering � Telephone 7$4-6066 , Municipal Engineering � Er�gineers SL SUPVP.yOZ'S Area Code 612 Mo�t��,ge x.o�,n Survey for �!C 1-l�L �. �. ��t�AM � �� !/� I . ,L_ � yr, , r �. ' � � � f, .. U�, �� y�;. ,� . , �, � � ---- _ + �. r � Yr, `.` - r` � � ` " �-- _z,� "� ' �' . v J f A`i Y� .�`--�._-_._. � ., � ��, .; ,., _� - ! � � / � �.� !- �, ,-�. ;! ...�,� - - _ ,, �� _ .� �:.�:�;�.�__ "s , l ,,.c I ,� lV , l� \ � ------�__ �- L; ;'�`� �/ �� , ` � � �i ! �X � S'�. „ f � � ,P_7.: r �.- e ti:,,J' L,� ` , ��___/�r,L`; �- ��,' `�..t3 1 � i i ' � '.``: ' �,,,, � ;i� � ';�.. � � ; .�- ��, : �—� , ; � � � ; � � `��w_ _ �� -�•_� �,,,�:, ;�, ;�' . e _ � c�� - . , ., . , „� � � � -F _ � "'_____ _ ; �, �` �� ' � Y t/ "�-----._.:..._;.. _ ____- v � : � _ _ _ � �_ Y --.---t / � _ .-i ,_, „ L , �� `% ' 'r �� . � ' � . �Y�'� � /1 .,��r`.r� `� � ,�� L�, ;� . i' � %? ;i � � � '� i , r % � °� � . r ,R , � i . `.� �.i.. ' � ✓'°, � � . �---- �-? � _....__.._� �...� L C� � �� .�..�._.. _�.....�.. �� { .! C � ;'! :� I ,�' �°�.. �-: t°�; _._.�......�.�,�...� �._,�...�.._...._.�..._..�.....�..�.e.o._.� � f��aku C'ou,ity This is a true and corrcct representa/ion of a survQy oF the bo�nJariei of fhr land above described and ofthe Iacntion of nit i�uiidi�gs� if any� thereoni and nll v+sil�le ertcraachrrtents� if uny, from or on aaid land. This survey is made only in connection with a mor�gage Ioon now being piviced o� thr property und no liobility is ansumed except to thc holder of such mo�lgnge or any other intcr�st acquired by the rensan qi such mprt�age, If is understood ond ng�red no eno�uments have bcen �f cad (or the purpose of estabfishing lot l+nes or boundary torners, Dated t6iy 1�' day of i! �i A. 0. 19 1�. SUBURBAN ENGINEER{NG, iNC. E��ineers •/� �.{J Su veY9rs � , by�',,c_ C( UL l tl�._,� `1 �. „ �.:._ .�.�. �.._ �....�.�ti�,�.. _a_._. � i I. � � � - � , 1. , 1 . OFFICIAL NOTICE CITY OF FRIDLEY PUBLIC HEARING BEFORE THE BOARD OF APPEALS BOARD OF APPEALS ITEM #2 � 4 e : 4G To wxoM zT r�x coNC�� : # NOTICE IS HEFtEBY GIVEN THAT THE Board of Appeals of the City of Fridley will meet in the Council Chamber of the City Hall at 7:30 P.M. on Tuesday, IMay 28, 1974 to consider the following matter: • A request for a variance of Section 205.053, 4D, ' Fridley City Code, to reduce the back yard � setbac.k on a double frontage lot from 35 feet to 8 feet, to allow the construction of an inground � swimming pool to be located on Lot 7, B1ock 1, � Swanstrom's Court Addition, tl�e same beinq 1337 Skywood Lane N,E., Fridley, Minnesota. {Request by Mr. Lee Brills, 1337 Skywood Lane N.E:, � Fridley, Minnesota.) Anyone who desires to be heard wzth reference to the above matter will be heard at this meeting. 1 , .. . � � .�,�� `� �� , e�/ ..Gt��.-'1��,' �C-c_-��; � I � • . � WILLIAM A. DRIGANS CHAI RI�1�N BOARD OF A.PPEALS �'��- � ` i�� `�" L G�"� -� -c� �_�_,,�_ ,c� �- ��2�e��.�� . d� ;� r �,�.(�'✓� C�':�tiz'` �r?' . .L�-G . �� c��'� �'" G �+ � r ._�� L�_i. V � �' � . �/-�C�u�-�s-� G�ac.�e . ,� �� /2-C G�_C1[�c-t� i �%� o��i�c-!' � SSSI�� z rcior � l � � � 4H �� ,� � �. ; ; r�.� , `- � , C � ! . � � ! ,� I� m�. ;i 13��7 Skywood Lane N.E. I � : ; ,`,� • �� r��: - O . � f _ � �� '� ( 1 , . . t ��' ....o.�....... .- .,�..,.� ... � \ -� �: . " �! i (• � _.«x.� ��.��: 1..�..�7��1.��____._ . ... t .: �-i'�----luj /.�...5�_.�.�......,...._. ..._...,,.�-.�� ``-\G .. i.:; _.• .. �, . ;�Y / l y ,,` ' { , { . . I"'..._..._._ . � � ::aw`�8av:9�9�'I%!� �YT � a�'SN'�^G w, A � W I�� " � O � ( — , , '—'-t--- �' t� t�; : � ;s � i: F $ � .. .,; D', U� • ,� ( 1 � �� .. i � . � I � � . 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M� �. �; � � ? _ �j f% a .. . . . . . . ,� � �� 11 � I 1 [... 1 .�i _ ,. . ,..,� �;�'.. ...a.. ...:fl� b�s,. . ., � . i � ' . � �� , ' 1 � � ' , � � ' � � ' � ' � , ' BUILDING STANDARDS-DESIGN CONTROL SUBCOMI�4ITTEE MEETING OF MAY 28, 1974 The meeting was called to order by Chairman Lindblad at 8:00 p.m. MEb4BERS PRES�NT: Treuenfles, Lindblad,Simoneau (arrived approximately ten minutes late) b2EMBERS ABSENT: Tonco, Cariolano OTHERS PRESENT: Jerry Boardman, Planning Assistant and Howard Mattson, Engineering Aide Approval of the minutes of the h4ay 9, 1974 meeting was waived until the next meeting. ,. �. CONSTD::R�T�OU OF A RF�UEST TO CO�:STRUCT A �VARF.1i0USF.V :;\D 0'r; IC;? U�;:: BLOCK 8, Ci��A','1AY ADDITIC�� •, tiSTREIi`I' i�OI:`1'iil;:�STs I'RI_DLEY �AROLD H�kRRiS, C�QO, LOC:�.1 i:L G:d T U'1'S 1, :: , �, �,�"` T�i,`: S}� iE i3LING 7780 A�1D 7i�Q,;�3 , AiI��\�SOT;�. (RL�t?�S1 BY 6210 ::iVi:RV'IE�'d TEI<::�;CE, ri.IDLEY Mr. Richard Harris was present for the request. R D 5 5 Mr. Harris said he cannot move the building site 25 feet south as rec�uested by the City staff. IIe said at present there is 77 feet between this building and the one next door, if he moved the building 25 feet south this would leave 52 feet between the two buildings and not enaugh truck clea.rance for �he adjacent building. Mr. Harris said the maximum he could go would be 10 feet sauth. The Board agreed to this change. Mr. Boardman said this move would give a wider area between the parking lot on the north si�e and the north property line. Mr. Ilarris pointed out that no place in the Code book does it state a 20 foot sideyard setback for parking lots is required, only front yarci setbacks. Mr. Boardman said the Board had been going wi.th 20 feet and was in effect the intention of the code. Ptr. Harris said the law is what is read in the Code book and you can't make it say something else. Ploving the building 10 feet south c�ill pick u� 5 feet and give a 15 foot sideyard between the parking lot and north property lzne and allow a 5 foot concrete curb or sidewalk beiween the parking lot and b uilazng. P9r. Harris £elt that aIl of the variances given in this area, especially Block 7, �vas a horrible mess. He said variances were given for everythi.ng, including 1S foot driveways. Pir. Boardman said no vaxiances were given for 15 foot drive�aays. 1�9r. Lindblad asked about the landscaping plan. P4r. fiarris said the two trees on the north side will possibly have to be removed, but he will try liis best to keep them. Pir. Iiarris also said he would like to pl.ace a fence along Main Street and 78th jVay to screen the parking area from public right-of-way. 1 , , ' �� , � ' � ' ' , f_I � � ' ' � �� 5A BUILDING STANDARDS-DESIGN CONTROL SUBCOMMITTEE MEETING OF MAY 28, 1974-PG.2 Mr. Boardman said he would prefer to see some berming in the planting area if possible. He said they had gone �aith the berming because it is easier to maintain and it brings in a greener look to a commercial area which has a con- siderable amount of �lacktop surface seen from the public right-of-jaay. P1r. Harris said that he would put the berming in but would not remove any trees to do it. A4r. Boardman said he definitely felt the same way aboui the existing trees and that any berming could be worked around the trees. Mr. Harris said he would like a joint driveway on the west side with Paco Masonry as this will help solve problems on the driveway and parking for both sites. This is the reason they show it on the plans as blacktop, since before any decision is made as to the material that should be used in.this area the Paco plans for the building they will be presenting must be reviewed first. • Mr. Harris said he objected to wood chips on the west side also. He said it would interfexe with his drainage plan and he wou�d prefer ta>blacktop the area. P1r. Boardman said to leave this until Paco decides what th�y are going to do. He also asked if there would be poured concrete curbing alang the north side of the building. P1r. Harris said no, precas� would be used,due to drainage reasons. A1r. Lindblad said they have required poured concrete curbing since 1969. �1r. Harris said according to Code he can use precast curbing. Mr. �oardman said the Board can recor,lmend to Council that poured concrete curbing be used or a sidewalk placed in this area. It was pointed out that if the building was moved 10 feet south, it will give a larger radius on the north front entrance and two 25 foot driveways on the front loading doors. However this would create a very tight radius on the sou�h front entrance. It �aas decided to go iaith a joint driveway on the south side, eliminating the front south entrance and allowing the area to the south of the building to be completely �enced in. PTr. Harris said large ec�uipment would be siored here. The exterior will be painted break-off block and smooth surface block with no jaints. Painted block will be used on the �aest and south elevations with split face on the north elevation. The Board asked that iwo different colors be used on the front elevation to give a more cantrasting a.ppearance. � P10TION by Treuenfels, seconded by Simoneau to �ec4?��tend to C��; of the bui lding with the following stipulations : ��"°""' L 1. Move the building 10 feet south. 2. Berming to be used to screen parking area making allowance for existing trees. , 3. A letter stating an agreement between,Harris and Paco for a joint driveway on the west side. 4. Finishing of west side be completed after Paco decides what they are going to do with their Iand. . � 5B IBUILDING STANDARDS-DESIGN CONTROL SUBCOMI�9ITTEE MEETING OF MAY 28, 1974-PG.3 5. Common driveway be made on the south side. 6. Two colors be used on the front elevation. ,7. Landscaping plan be followed as presented. 8. The Board recommends to Council that either poured concrete curbing or a sidewalk be used along the north side of the building. UPON A VOICE VOTE, all voti.ng aye, the motion carried unanimously. ,, a�"�, tZECONSIDERATIO�I OF A REQUEST TO CO`JSTRUCT AN x �''' LOCA'I'ED Oiv 7'"tii: SOU'i�l; 693 1�L�7' 0!' `I'f�L :v0:'I'H 10 . EE`!' OF TI:� 1;EST 385 FE1;`1 OF '1'IIE E��ST �::�Li OF TI�� ORT��:��ST QUARi ER OF Ti�I: SOliTH- �1'ES7' QU�RTI:It Oi� SL'C'1'IO`� �14, 'I'-30, <-24,; Ti�E S��iE I3I;I�iG 6451- 5TH STR�E�I' NOi,"'I�IEr'_S�i', " ��RZDLiY, ;�iitisNESOTA. (RtQUEST E�i ��Q�TiCit�I� 8;��20 V�� i`�iA:`dD�LL P,O:�D, BI,OO.�iT�'GTG:�J, `rI:�;��:r., . . � � IS CO�iiNG �B�,t 0;�:. 'I'HI5 t�C:s,�:D FOR A:�IEtV SITE PLAi� ArPROVAL.. Mr. Rudolph Dante, Mr. Frank Reese and Mr. George Kieffer were present for the request. Mr. Reese said after soil boring tests were made for the proposed site it was discovered that it would be extremely costly to build the complex here. Therefore, they came up with this p1an, a squared off "U" shape with the swimming pool and putting green in the center will be used. The �uilding will will be moved closer to 5th Street. � r,1r. Dante said they felt this would be a much b etter site plan as it eliminated the retaining wall on the properiy line between Wall and the library (a natural green slope wi11 be used instead} and also eliminates the driveway and fence running along the south side bet�veen the R-1 lots. r�r. Reese said there will be a bridge going over a small man-made po;,Zd� Ieading to the front entrance, giving a very attractive and interesting appearance. I�4r. Dante said this theme would be carried on into the front lobb.y. . 1�4r. Simoneau asked if the new plan would increase the size of the smallest appartments. Mr. Dante said the three in each inside corner would be increased and they had dropped the number o� efficiences from 60 to 3Q units. h4r. Simoneau asked if the R-1 lots would be sold to one contract or. Mr. Dante said yes. . Mr. Lindblad asked how they would get from the parking areas to the apartment. h4r. Dante said there is a waZk do�vn the side of the garages with 2 doors leading irom the garages up to the apartment, plus a sidewalk leading from the center of the parking lot to a side entraz�ce in the complex. There will be no changes in lighting, building design, landscaping, etc. A4r. I.indblad asked that it be stipulated that two tennis courts be provided in Zieu of escrow .for the park property for the R-3.property. � � ' � ' ' ��. �, ;n� � ' �. fi 3. �� . , �.t3,j'�K" ;6'9s .� ' C_� ' C_� ' ' ' , ' ' � , � � � I� �J I' ,� �I ,� ' � ' ' LJ , 5C BUTL�ING STANDARDS-DESIGN CONTROL SUBCOMMITTEE NIEETING OF MAY 28, 1974-PG. 4 MOTION by Simoneau, seconded by Treuenfels to o Council a��oval of the site pYan with the following stipu.ations: 1, Two tennis courts be provided in lieu of the escrow for the park property for the R-3 area. Mr. Lindblad a�so added that all stipulations imgosed at the February 7, 1974 meeting be stipulated again. The3- are: 2. Landscaping plan be brought to thi.s Board before finalizing it on the development. � 3. Ligliting plan be brought to this [3oard before finalizing it on the development. 4. Drainage plan be used as set up by the Engineering Department. � 5, I£ a future storm sewer s��stem is needed to drain this area adequately, Wall Corporation will pay their fair share. 6. Parking stall sizes and amount needed comply with the.Board of Appeals decision. 7. Screened garbage areas will provide room for fire truck access. 8. Parking will be 5 feet off of the �arage, separation made by a poured concrete curb, 6" x 18", area between the curb and building will have a low maintenance material. 9 Planting used for a buffer on tlie south side to pravide complete screening for the R-1 property. UPON �i VOICE VOTE, all voting aye, the motion carried unanimously. ' ��, CONSIDEP.ATION OP A REQUEST TO ALI,Oi'l REM�DELIUG�CF TF�E $UILDING TO BE USED r1S A CU.`�V�:°II;:�Ck: STOP� A`�D G:lSOLIi1� �•�1LES: LCCATED ON Bt�OC�: 30, AUI)I'�'OR'S SiJB?)I�,�?�SI��.�1 ��0. 23 R�.VISED; `i'HE S;��IE , BEING 64b5 L:�ST R1ti-1�K ::O:�D, ��I�7�EY, i,I:�:vI:SOT:�. (Rr �7U�ST BY �1lJRFtIY OIL'�C(��Rl�(�RR?'IC�1, �?600 l'�;EST 7fil'�i ST�tEET, ��DIi�r\, 'iINN.) ' � � , � Mr. Vincent 4deis and b1r. Dan Heistechar�p were present for the request. T1r. Weis said they will be converting the lubricating bays into a fast food market and still keep the pumps. He said the one overhead door will be glassed in and an entrance door ior tIie store will be placed }�ere. The middle overhead door will Ue disconnected also and enclosed to look like � store front window. The third overhead door will be boarded up and enclosed on the inside for cold storage. Pir. Weis said the inside will be paneled and shelves brought in. Mr. Lindblad asked if the plot plan was alright. D4r. Plattson said yes. � � Mr. Heistechamp said any updating o£ lanclscaping would be done at this time. Mr. Lindblad also asked that any item that should be brought up to code, should be checked by the City staff and done at this time. � , � 0 �� il � _� � � � ��i ' ' ' ' ' � ' ' ' ' , ' n IJ �I 5� BUILDING STANDARDS-DESIGN CONTROL SUBCON�fITTEE MEETING OF MAY 28, 1974-PG.S MOT�ON•by Simoneau, seconded by Treuenfels to �ecommend to Council �x�v�� of the remodeling with the following stipulations: 1. Any new landscaping n:eded; be done now. 2. Any items needed to be brought up to code, be done now. UPON A VOICE VOT'E, all voting aye, the motion carried unanimously, 4''? CO�ISIDERATIC� OF A REQllEST TO CONSTPUCT A��1��.L�TO •BE � USEU AS A i�1:lCiI1:?�E Si:uP t'�I`1'f1 QrFICI: A+1L.:: TO .. i�'. )�� .� I' iv0, 7, B1,OCK 3, '�:;15'T R:',:�;CH ESTr�TLS �:vD i-.DDITIO:v; 'i'�:E �fi:��lE 3EI�G � 7835 ASAI�I S'I'R�:ET 10 T? ��'�S`�' FRIDL�Y, I�II,vNESOTA. (RI:QUEST BY t;' �-. �,�,'�`�;Y�€312��'� , 3801 �RD STREET i�10RT�iE.aST, ' �� . hfIN��,`F.APOLI , �• I`�,r�SOT:�) . � �v ♦ �1 r1r. Janis Blumentals and Mr. Phil Johnson were present for the reQuest. b4r. Blumentals said the building wi12 be raised considerably to allow for the four foot loading dock and allow the drainage of the area. He said berming will be done in the front with an extensive area in front of the loadiilg dock for screening purposes. Mr. Lindblad asked about parking requirements and curbing. P4r. Blumentals said they had enough stalls and poured concrete curbing will be used around the entire parking area. Refuse will be stored inside. Mr. Lindblad said a security light plan should be brought in for Council approval and any roof ec{uipmen� must be screened. The area to the north and east will be sodded. The Board felt the land- scaping plan as present was acceptable. Mrs. Treuenfels asked if perhaps a few more trees could be p�anted; i.e. along the rear. P1r. Boardman said these trees would be wasted, but perhpas one more tree, flowering crab, could be placed on the south side of the driveway. The Board �oncurred with this. T4r. Lindblad asked if the color scheme as shown would be the one used. Mr. Blumentals said he had not shown it to hzs client yet, bz2t felt the color scheme wouZd be ve�y close, if r<ot the same. Mr..Blumentals� said he had followed the ideas of his client and felt this would be what he wanted. Pir.. Boardman asked if the windows would be tinted, especially since they face �he west side. P1r. Blumentals said this could be done. MOTTON by Treuenfels, seconded by Simoneau to recommend �o Council of the building with the followi��g stipulations:. 1. Security light plan brou.g}l� in for Council approval. 2. �1ny roof equipment be screened. 3, Flowering crab tree be�added to the Iandscaping plan. Landscaping plan otherwise approved. � �� . .. •✓'.'x� � ' ��;`"�, t� k „� �. � 1 ' ' ' , � BUILDING STANDARDS-DESIGN CONTROL SUBCO��m1ITTEE'MEETING OF MAY 28, 1974-PG.b 4. Color scheme be the same or very close as shown this evening. 5. Tinted windows be used, especially on the west side. UPON A VOICE VO'I'E, all voting aye, the motion carried unanimously. ��.' CONSIDER�TION OF A RF:QUFST TO ��TR �� ' ` �� ST'OI.AGIi: LOC�ITED 0� 'I'ilL EAS'1 SIDE OF 'I'tiE �IISSISSIPPI R1Vf.R AN� SCUt'fl O1� 1-69a, liIGf;l'�`��Y '� ({T-�JP-�V:�Y. (1'.EQUEST GY , ��Fi1Gi-trv'aY !}�:�Al2T�4Ei� � �� 'TP,ICT 5, 2055 NORTH LILAC DI �.," �, F,B�1i -Vr��LLE�',�� t`1Iiv�'1�:S0'1'f1) . T'HIS I'iL'��l �';[�S 6EFJi�r T'[�iIS L'0�\RD 0� �IAY 9, 1974, 'I'fIE �UILDZ�tiG DL:SIGi� tL��S BGE.d C.�f�dG�i). Mr. Joel Katz was present for the request. 5E Pir. Katz said the design h as been changed from the dome shape design because ' bid prices came in too high for the dome shape. He said the building site will be moved 40 feet noxth th an what was shown at the May 9, 1974 meeting. It will be constructed of treated timbers with as asphalt b ase. The �imbers are treated cvith either creosote or a green stain. The Board decided the �� green stain would look better. , ' Mr. Boardman asked if the Minnesota Highway Department could relocate this site to perhaps Highway #65 �nd 10, Spring Lake Park. T9r. Katz said they run ihe irucks on two hour cycles during a.storm and this site serves I-694, Highways 65, 47, and 169. In order to keep the two hour cycles, they would have to add three trucks and 72 men, thzs would be economically unfeasible. Mr. Roardman asked if the 2 sheds�which will be about 60 feet north of , this building,are needed, h9r. Katz said no, they have no eauipment �orage here. T4r. Boardman asked that it be stipulated thai these building be removed. Mr. Katz agreed to this. , � � � �' � ' ' , A4r. Boardman sai d this item will have to go to the Pollution Control Agency to comply with all of their stipulations. Mr. Boardman also asked if this area could be developed for a picnic and boat landing area. He said this is one of the lowest points in Fxidley and ideal for a boat landing. Ttr. Katz said he could not give a final answer on this since there could be a question of using state larid bc�ught for stoxage use and being used as recreational land. hir. Boardman said Council will definitely question this and they would like to see the State develop this for multi-purpose use. Mr. Boardman said an agreement should be worked out between the State and the City. He also asked that a final plot plan be brought in for Council approval. hir. Lindblad asked if this should not be recommended by Council to go to the Environmental Quality Council. r9r. Boardman said the EQC does not have any definite guidelines as of yet. The Board felt this was a good item to be sent to them to help them set some type of guidelines. .. . 54 L�k,� � .. .'..:� � �� , _ ,:��. 1 1 , , �J , , 5F BUILDING STANDARDS-DESIGN CONTROL SU�COb1MITTEE M�ETING OF MAY 28, 1974-PG.7 MOTION by Simoneau, seconded by Treuenfels to recommend to Counci�� of the salt shed with the following stipulations: I. Green stain be used on the exterior. Z. Lanscaping plan as presented at the A1ay 9, 1974 meeting be used 3. The 2 sheds be removed irom the site. 4. Final plot plan be braught in for Council approval. 5. Council work up an agreement tvith the Minnesota Highway Department stating either they provide an area for multi-recreational use to provide an access to. an area of such use. 6. This Board recommends to Council �hat they recommend that this item go before the EQC. UPON A VOICE VOTE, a7_1 ��o��ing aye, the motion carried unanimoulsy. �� CONSI.DERATION OF A REf�UEST TO PPPROVE TII� F��(�.�:� I �ON� AUllITOR'S SUFllIV�IS1.p� N0. 9<t, P.aRC:�_L la , AVENUL NOI2'I'fII;;1S'1', FRIllLEY, ;�IN�yESOT�1. (REQUf:ST B�' � ' ' , ' ' LOC�TED s5 J. CE�,' 1�1r. Thomas Daley and I�4r. Ernie Vangel were present for the request. I�Ir. Daley explai.ned that this building is owned by a lease by Arlen Realy Deve.lopment of Ne�a York, New York. Mr. Boardman said the improvements will be only the exterior site and bringing the structure up to code. Any remodeling of the building wi.11 be the responsibility of the new lesee. Mr. Daley said he has talked to various City staff inembers and knows what structure items have to be brought up to code; indoor sprink�er system, handi- cap facilities, etc. He said new patch work and seal coating will be done on the parking lot, with code size parking stalls placecl. Mr. Daley said the asphalt goes right up to the property line, so planters scattered throughout the parking Iot wi11 Ue used to give some greenery alzd break up the asphalt look. The area directly south of the building, once planned for future expansion, will i�e saeded. � Mr. Lindblad asked about the rear property Iine, t1r. Daley said a fence wi11 be place along here and quit at about the south side of the building. A1r. Boardman asked if they could continue �he fence to the south property li.ne ' as there is a proi�lem with mini-bikes going up and down this hill. This wauld keep this problem offtheir land and lielp the newly seeded�area gr.ow. T1r. Lindblad asked if they would be wi.deizing the drive�aay to 25 feet and 1 repairing the right-of-i��ay. t1r. Daley said yes if they wanted it. r�r. Boardman said they would be asked to do this. T1r. Boardman pointed out that there is asphalt curbing around �he parking lot, but since no parking is done against � it, it would not be detrim�ntal to the lot and poured concrete curbing would not be required. � 1 5G BUILDING ST�ND�RDS-DESIGN CONTROL SUBCO�IIT'TEE MEETING OF MAY 28, 1974-PG.8 � Mr. Lindblad said any roof eauipment, present or future, must be screened. A10TION by Treuenfe2s, seconded by Simoneau to recommend to Council �� of �he site plan and structural updating with the following stipu2ations: li � l. Fence along rear pxoperty line be extended to the south property line. ;'� 2. Driveway be widen ed to 25 feet, and the right-of-way improved. '� � 3, All roof eqizip ment be screened, present and future. UPON A VOICE VOTE, all voting aye the motion carried unanimously. i � � Chairman Lindblad adjourned the mee�ing at 10:15 p.m. � Respe fully submitted, �� ✓ � �f—� L G�c%�c'C� � � PauLa R. Long, Secretary � � .' ' � � � � r ,� . , � � � � �� 1 � � � � � � � .� � � T0: FROM: DATE: SUBJEC'T: MEMQR1�NDllM NASIM QURESHI, CITY MANAGER JAMES P. HILL, ASSTSTANT CITY MfINAGER/ PllBLIC SAFE'I'Y DIRECTOR MAY 1.5, 1974 REPLY TO MEMO NUMBER JH-9 REGARDING R�IMBURSEMENT FOR JUNY.ED AUTOS . I have reviewed the contract submitted to us for execution by Anoka County. I also brie£ly discussed the contract with Virgil Herrick and Darrel Clark. As a result of this review and discussion it would be my recommendation that the Joint Exercise Powers Agreement between the City of Fridley and the County of Anoka for Reimbursement Fees on Junked Autos be submitted to our City Council for approval. Upon approval this contract can be returned t.o Anoka County along with a copy of otzr current Towing Contract as required by the agreement. It should be pointed out that the only reimbursement that the City of Fridley will receive is for those vehicles that are towed from the City to a recycling center. In other words, our day-to-day tawing of vehicles to an impounding lot for various reasons is not reimburseable. It is possible, ho�aever, that when the City holds auctions on unclaimed vehicles and thEre are no bidders, that the City at that point may arder the veliicles towed directly to the recycling center. If we should like to take this course of action, the County would then reimburse us for . the towing charge from the impounding yard to the recycling center. The County �,�ill not reimburse us for the initial towing of the velticle from the street to the impaunding yard and the subsequent storage chaxges. The contract is somewhat less than what I had an�icipated for reimburse- ment of the City's expenses in totiving and storage charges for. vehicles. Nevertheless �he contract has been negotiated between the State of Minnesota and the County of Anoka to comply with t}ie State law, tt�ereiore we really have little input into attempting to seek refund on additional expenses since it apparently is not legally allowed. Once City Council approves the Joint Powers Act we can officially discuss with the contxact tower the amount of money he will chaxge under these type of conditions since our current contract does not address this issue. I have contacted the contract tc�iaer and he indicated that-a probably estimate would be $10.00 per vehicle that did nat have to be dollied and $15.00 per vehic�e that }iad to be dollied to the recycling center. This, of course, is subject to negotiation and should be in written £orm for approval by the County and the State. � RIVUKA GUUIV i Y GOMPR�HENSIVE NEALTH DEPARTMENT I COURTHOUSE ' ANOK�,. MINNESOTA 55303 TELEPHUNE 421 • 4760 , HUMAN RESOURCES OFFICE fNVIRONMENTAI HEALTH � , � � � i � � P�ay 1 , 19i4 Fridley City Council c/o Frank G. Liebl , h1ayor 6431 University Avenue N.E. Fri d1 ey, P�i nnesota 55432 Gentremen: �� PUBLIC HEALTH NURSING S:RVIG: DAY7IME ACTIVITY CENTER 6633 Arthur St. N.E. Fridley. Minn. 55432 Reference is made to earlier cor.�munications concerning the obtainina of reimbursement from �he hlinnesota Po;lution Control Agency for the rernoval of junk and abandoned vehicles. ` Enclosed is a draf� joint po!vers agreement bet�veen the county of Anoka and the municipality for pur^oses of obtaining said reimbursement. If yeu are interested in suc� a joint po:A�ers ao,reement to obtain tlinr�esota Pollution Control A�ency reir„bursement for. �1�e removai of junk and abandoned m�tor vehicles r.lease execu�te �o�h conies of this con�ract as ind;ca�ed and return it ta us iogether with a c�ry of your towing cor,�ract. Please rote �hat Sec- tion II d, �he amount o-F reimeursement per vehicle, is not indicated and will of r,ecessity have to ��aait until ��e have final approval of our County c�r,tract ►viih the State of P-linnesota. If you have any questions concernina this matter, piease feel free to cali. me. � � i � � �� RN/wo � 1 '(ours very truly, � ;�'� %! ,� -� ,�,��.� �.� Robert M. Hu�chison D1 rector, Envi ronmerttal Servi ces _ _ _ __. . _ _ _ _ _. . _ . . . .., . .,:.. f....-.,. : ' . . . � . . . . , .. . -. � .. . . � 0 � � JOINT £XERCTSE OF POWERS AGREE.�NT This Agreement, made and entered into by and between the COUNTY OF ANOKA by anr3 through its CCMPREHENSIVE HEALTH BOARD, hereinafter referred to as the COUNTY, and the CITY OF � , State of Minnesota, hereinafter referred to as the CITY. WITNESSETH WHEREAS, the purpose of this Agreement is to establish a procedure pursuant to,Minnesota Statutes section 471.59, to enable municipalities within Anoka County and the County to eliminate and dispose of the hazards of abandoned motor vehieles and other scrap metals, and to provide for a systematic means whereby the County shall reimburse the City for casts incurred in such disposal with funds provided by the Minnesota Poilution Contro2 Agency, in accordance with Mznnesota Statute 168B.10 (1); and_ � FTHEREAS, pursuant to Minnesota Statutes section 168B.09, units o£ government may contract with others for the collection, storage, and transportation of abandoned motor vehicies and other scrap metal for recycling; NOW THEREFORE, pursuant to Minnesota Statutes section 471.59, and in consideration of the mutual undertakings and agreements hereinafter set forth, the County and City agree as follows: I. That the obligations of the City shall be as follows: a. To be responsible for the collection of abandoned motor vehicles as defined in Minnesota Statutes section 168B.01. b. To enter into contracts with persons approved by the County to collect abandoned motor vehicles for recycl�ng. Said contracts � must be approved by the Cnunty and the hlinnesota Pollution Control Agency in order to be valid under this Agreement. c. To deliver one copy of each of said contracts to the County. � t � 1 � t i � i i x ; f i i i ; ( �. � : � � � d. To submit at the end of each calendar quarter (September 30, December 31, March 31, and June 30) a statement to the County, which statement shall set forth the costs of collection of abandoned motor vehicles incurred by the City under said contract. r II. Tf�at the obligations of the Counrty shall be as fcllows: a. To enter into agreements with the Minnesota Pollution Control . Agency to provide for reimbursement of funds to the County for costs incurred by the City in the collection of abandoned motor vehicles for recycling. b. To submit for approval to the Minnesota Pollution Control Agency contracts entered into by and between the City and persans licensed by the Minnesota Pollution Control Agency to callect abandoned motor vehicles; such submission being conditioned on approval of said contracts by the County. ' c. To submit quarterly statements described in parag^aph T(d) above � to the Minnesota Pdllution Control Agency. d. To coliect reimbursement funds paid by the t�Sinnesota Pollution � Control Agency for the collection of abandoned motor vehicles and .' pay said funds to the City; provided that reimbursement to the City shall not exceed a rate of $' per vehicle, and total reimbursements to tne City under this Agreement shall � not exceed $ ; provided further that the County's obligation to the City for reimbursement shall not exceed the amount actuaily paid by ttie Minnesota Poilution Contro2 Agency. to the County for the collection of abandoned motor vehicles for recycling by the City. III. That the City shall indemnify and save harmless the County, its officers and employees from al2 suits, actions, and claims of any nature brought because of injuries, death, or damages sustained by any person, persons or property arising out of the collection of abandoned motor vehicles under this Agreement. ' 0 , -2- 6C j z ; : r f• , i 's f + i r � ; � � j 's t � � e i i ; x 6D IV. Thart this Agreement shall become effective and binding on both parties on approval by resolution of the governing body of the City of , Minnesota, and by resolution of the Anoka County Board of Commissioners, and snall continue in effect until such tiMe as either party to this Agreemenrt shall provide written notice to the other party of its in�tention to terminate. Said termination wi11 take effect thirty (30) days after receiot of said notice by either party. IN WITNESS THEREOF, the parties have hereunto set their hands this day of , �g��, In Presence of : RNOKA COUPITY CO"^?REHL'D 'r Zn Presence of: In Presence o�: .� � ISIV:. HEALTH i30ARD By Title CTTY OF By Title ANOKA COUNTY BOARD QF COi�i]ISSIOidERS Albert A. Kordiak, Chairman -3- i t ; � s i � i � M�P�iQ TOr Mr. Marvin Brunsell, Assist. City Mgr. / Financ� Dir. FROM: Gordon J. �iiddag, Purchasing Departri2ent ' Bob i�cQuire , L.iquor Stare 2�4anag�x� DATE: May 14, 1974 SUBJECT: Liquor Stox�e Rental t�.r. George Nicklow was advised of the City of Fr�.dley action, in sub-leasing 37z0 East itiv�r �oad, the passib].e sa].e of the Outd�or Lic�uor Sign on th� roof and suggestioz�i of the possible nead for storage area �t t�.e r�ar of the building. � Mx'. Nicklow responded as fc�ll.ows: A. in agree�r�n.t of subleasinc� the star� but must have ' hzs approva]. of_ the t�nant . , B. At this time t'nere is no need of adda.tional s�orage space. C. k�ix. Nic}��.aw t,riZl �e dx.�cussing with his asso�aates r�g�rding �� the p��-��1�� ot th� l:iquor sagn, and �azll advise us at the first o� the w�ek as ta their a.nte��ion. . D. Mr. N�.cklow sugg�sted tha� 4he Ci.t� a� Fridley con�ider the passibilty of tradzng �he xea1. esta�e 1oi foz lease cantrac�. In �his maran�r r��r. Nick�.ow would relLase the � City o� E'YYdley irom tia.e leas�. `��.�. z�icklow has no int�n-cion (at ti��_s tzixc�} o� exte�ding the lease beyonc� the expzration date of 1976. . The m�eting V�as very fri�ndl.y an� Mr. Nic7clow was told that he would be advi.sed accorciingTy. f �J 7A EXCLUSIVE R.E�i1TAL CONTRACT Addross or Property: �Z �) / D /�. (<,"'1 l'Cic' �G-f' � -- i/�/DL ��%_�^.n iiv�!/,. TO CALHOUN R��.I,TY CO2°1PANY, 7100 France Ave So., P�I�.nneapolis, Minn. 551�35 In consideration of your agreement to list in your affice the xeal estate described and of your offorts to fi.nd a tennant for the sama, i hereby �rant to you tho exclusive r:i�ht to lease or to contract to 7.ease said real es�ate �r?thin a�eriod of m�nths from date hereof, for the price and u�on tha t�rms stated �n the reverse side oi this form. For your servaces, T her�by ar;ree to p�y you the re�ular commission on the lease trprao.i, as indicated bela.•� upan any lease or contract for lease of said rea:l. estai�� macie Tsrhil.e this af,reement remains in force, �rhe�;Yler suci� 1.L��E be mac?R b�r voursc:�vGs or by m��s�lf or Ltirhether at tne price and u��n the terms •stated orl t'r�e revers� sid� of this form, or ai, a clifferan� price or_L�po�1 other terms accept�ed .by me. It is further a,,;.reed that upon an� 1ea�a or contract for tho Iease of sa�.d real estat� riade by ine after th� t�rmiriat�ion .of �his a�;reement to an�r person i�Ti-t�i Y�rhom you l:a�re had ne;o�i_ations �or the lease of same and of which 7 shall have beez� advised, T will pay you the full com- miss:i.on, �s andicat�d, Signed Acce�teds CA.LIiOUN REALTY CO��INY By : 7100 b�anco .('ive So 920- OQ T�ls . , �.nn . 55��35 Date: SCI-I��JIIL� OF CC�:i��I:�SSIOiV: 6� on the iirst year and 3 0�horeafv�r Exe�u�iv� ��s co�T��cT MINNEAPOLIS, MINNESOTA 19 7� TO CALHOUN REALTY COMPANY, 2939 iiENNEPIN AVENUE, MINNEAP011S 8, MINNESOTA � ��. ��,:. ..,.: „A �_' "1n<�c�nsideration nf your agreement to (ist in your o�ce the real estate described on ,tkr�"'reverse side of this form, an�"of-your efforts to find a purchaser for the sume, I hereby grant to,��d`"the exclusive right to sell or to coniract rU�s:��l sc�id real estate within a�eriod of .,,.rrronths from date hereof, for the price and �pon the terrr-�s stc�±ed on the reverse side of this fori7�, c,n.a^(`hereby agree to furnish complPte abstract of title to srid real estate u�"s�,Po execute a dped of gen��sii"worrdnty in due form of (aw, conveying d mnrketable title to ihe same, iri whic4i"rr�, :wife �r hu:;�r�ni3 shail join, to such person as you shall have sold or agree to sel{ the same, and for your serv�•'-��;'( �Ciereby agree to pay you the reg�lar commission on the purchase thereof, as indicated below up.��r"ar.y saie or;.contract for sale of said real estate made while this agreement remains in force, wh�i1��"such sale be made 1�y ;nursefves or by myself or vrhether at the price and upon the terms siatedr�n��the reverse side oi this form, or ufi-n-;dir'�erenY price or upon other ierms accepted by me. .��-°'"` � .,.�. It is furth�r't�rgreed that upon any sale or contract for the sale of said reai estafe`°rrtc�de by me after the terp�ir�afion cf this agreement to am� person with whom you have had negotiations for s'a:le of the same"and of which I shall have been advised, I will pay yau the f�ll commission, css indieated. �"' Signed Owner Accepted: CALHOUN REALTY COMPANY gy: SCHEDULE Of COMMISSION: 2939 Hennepin Avenue TAylar 7-55i1 Mirtneapotis 8, Minnesota On all sales of improved property, 6 percent (6%) on ihe firs! $500,00� and 3% on the balance over $500,000. On sales of unimpraved residential property, "i0%. On sales of unimproved commercial and industrial property, 4en per- cent (10%) on the first $50,(i00 of volue, 6 percent (6%) on the next $4S0,000 and 3 percenP (3%) on baiance over �500,000. . 7C � CALHOUN REALTY COMPANY INDUSTRIAL & COMMERCIAL PROPERTIES Salesman's Code__ � 827-551I _ ' 2939 Hennepin Avenue Minneapolis, Minnesota , Building Namerr''i��,� �i�'�i-r S?��oning � C•� �^. F/Zc'�/� `"' Location 371 U��l V6r �J ' , ' � � � � , � ' �� 1 � � �� Owner�` � 12. /`�/ ��u � Address— Telephone Tenants 1= < � O�. F- ��yi (� � �.� ----r- Y�� Basement area ----''�� I st Floor area_'� li ;�-`Z' �� c Fi 2nd Floor area � � OfFice area_ Mfg. or Warehouse area � c'. � �� -��,� Air Conditioning_:.�:"� A�r`--� Elev�tor Trackage____ _ __,_ . Age_ / �' `L��? Exteriar �� ' � �/�_ f-leaf Interior _ _ Land area Parking area �:-�%-�'� _��%=�'' Taxes � , _ ij Price � T�rms _ _ �..,Encumbrance ._ Rental lncome..— Expenses Remarks _ � n�--t-' �-.7n.� .�-'t�X�!/zrL ��`1'`�''�-Gc� /��'G" V' � � % � /� J ��i�- � ��t�'�' /1 l. i� C-, �. Z'�-t, -{� : -t�LCic-,�-tC!r...�'� ./�t ., � Gt.�+�k?/j C""�-'t-C'�' J G7n-'ve.0'uivl.� v� /l�v� � Ll / � _ � _ � -To the'best of my knowledge and belief the information contained herein is correct and accurate. , ' . � ' ' � PIEb10 T0: Nasim M. Qureshi, City �Ianager MEMO FROI�1: Richard N. Sobiech, Assistant Engineer DATE: SUBJF.CT: btay 31, 19 74 Iristallation of "No Parking" Signs - Channel Koad from Diississipp_i Street to G6th Avenue , . The Engi.neexing Departrlent received the attached petition to install "\o Parlcing" signs i.n tile referenced area. Investigation of the site indicated the follo�aing: 'J � ' I� 1. Numeraus cars parked on both sicles of Channel Road in the vicznity of the apartment buildings (actual oianership of the vehicles not determined) 2. �xisting parka_ng spaces available in apartment park- ing lot are suffici.ent in number (34 spaces ior 22 wlits) to provide adec�uate par};i.ng for apar�rnent dwellers. 3. Parking spaces aval_lable for guest parking would be questionable. , The major. problem iahich exists is tlle inability of the apartment �wellers to park i�l the spaces provided i_n the apartment parking lot. As previously experienced in similar situations of this nature, in- � stallation of "No Parking" signs on both sides of the street led to further problems �eifih the lack of parking spaces being available for apartment resident guests. To respond to the petition and to attempt to solve the problem that presently exists the folloiving recommendations are suggested: 1. The nei�hborhood group� as noted on the petition, and perhaps together with a City representative, should contact the apartment building o��ner to determine if notices and/or correspondence could be directed to the apartment residents instructing tllem to use only the apartment lot for their vehicles. 2. If the first suggestion does not provide a solution to the problem, install "No Parkin�" signs on both sides of Channel Roacl except for the area in front of the apartment buildings., lUith the above recommendations we feel the problem can be solved to the satisfaction of all parties concerried. RNS/pl � � 0 CITY OF FRLDLEY PETITIUN COVER SHEET Petitio�� N��. 9�-19%�+ Date Received May 29, 1971� � � F Object Propert,y owners in the 6500 block of Channel Road Northeast _petition fo.r a No Parkin� si�n on said block. 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I �,.,° �:...ss.=��r. t y ', '"� ,;.590-4'Oth AVENUE N.E. . 788-9221 � � � � CITY OF COLUMBIA HEIGHTS ADMINISTRATIVE OFFICES a COLUMBIA HEIGHTS, MINNESOTA 55421 May 28, 1974 C i ty Manager City of Fridley , 6431 University Avenue N.E. . Fridl'ey, Minnesota 5542] � Dea r S i r: At its regular meeting on April 9, 1974 the City Council , of the City of Columbia Heights concurs in a recommendation from Fire Chief Bassett to share the Fridley fire frequency 153•95• � Concurrance by the City of Fridley in this agreemenfi would be app rec i ated. � � : � � MOW/me encl. � � � , � ' 1 � 4 You rs t ru 1 y, w" ' ✓�-..�'rl'�r �'� � ��'rwr.l� Malcolm 0. Watson City Manager 1A _ d��k� +� R � �: ,1.� r .y,". 'r A.✓ b; :. , c z � �� q, � .�'. i..:;,r• �� .�--�-�-._. ----��,;�.._ '.��; � ,, { � � � ,� � , � ' f �6� � .j� I�� I �___ .. a : :�Cb .; '`-___. . .'.'�,1iif�1 t�11_. , � .� - ''�� , ��.,��____,.�t.,, -�-. g� ....�- {:�; • 590-4'Oth AV�NUE N.E. 78$-9221 � � � � L� � � � �. � � � � � � L� • � CITY OF COLUMBIA HEIGHTS ADMINISTRATIVE OFFICES • COLUMBIA HEiGHTS, MINNESOTA 55421 March 22, 1974 Honorable �iaqor, Sruca G. Nawr�cki, Golumbi.a He��h�s Ci�g Counci�. ��mbers, City kianag�r, Malcair� 0. Watson. Gentl ��.�� t I�x°eceiv�d a letter �rc�m Mr. Harry Hi.Il�g��, Anoka Cotznty C�mm�aniaationa Director datad I��°c� 13�h st�fi.�ng f�r�e d��.rtmsnt d�sp�tch:ing ior Co�.umbia H�ig�tiis a��y be in �affect ora JuJ.y lsta On our pre��nt i�ocal Government Radio Frequ�ncy 156.040 �he Co�anty �3spa�,ch�r x°�ceiv�s tra�r��r�zssions, but noic a1law�d to txan�mi�. �'or Co�,urub�,a Hc�i�h�s �.a h�v� r�dics coxnm.unications with the Cour�ty D��patc�a€�r a b�.�e ��iion has �� bfl pr�v�.�ad far the Y�.re d�pa�- m�nt rrith frc�qu�nc�.�s of 153= °� o�' Zg4•' �• A�-��ng tt�e fire $tation gor an �merg�+n�g responsa �►aiil be by radio camm�ication. I have h�en infox�.�d �f Cnlu�bia Hei.�his r�quest a n�w fire f'rmqu�ncg fra� Fed�ral Gn�nunication� Commi�s�.on �he r�.dio frequency would b� �h�red rrith some o�h�r dep�.rt��nt� Fridl�y Fir� Chiaf Rob�rt Hu�h�s and I have discu�sed this �re�quency �i�,u�.ti.an, w� botYa f�el, du� �.o our joi.r�t alazr� ra�ponse and close �rorking rQl.aiia:�ship woulci be fc�r Fridley Fxr� D�partment to share ti��ir fire fr�qu�z�cy 7.53095 �ith Columbia Hea.ght�, Chief Hu�h�s fully �pproves the radio f�c�quenc�* ah�z°ing and hQ wa.�.l hav� a 1,e�ter for Fridl.ey City Official9 r�coz�anding app�°aval. I wish �o suggest �he City o� Golum�ia Heights requ�sst authoriza�ion from the City of Fridl�y Oificials permit,ti.r�g the Frid�ey Fire DepartmQnt to share their radio frequencg �th thc� Caltunbia H�i�hts Fire Dep�Y"tm�nt. In addition to a thr�e frequency base simiion havin� a minimum fortq watt ou�- put for Conn�y co�anunications, I wish to recomme�na purchases of two portable radios having a five watt output with three frequencies, one of these channe�.a xould be Mutual Ai.d Frequ�ncy 1fi4.295• . Deliver,y on new radio aquipment is approxi:mately eight weeks, may you gentlemen . consider approval for radio e<�uipmer�t which will be needed for the fire dep�rt- ment to hava radio can�unicatians with the Anoka Caunty Diepatcher. Yours Vcry Truly, /tfl-? i� � � Chief Fran Bassett 1 � I � � � � F'REORIKSC]N, BYRON, COLBORN,�ISBEE, HANSEN �& PERLMAN A PROFE5510NAL A550CIATION HAFOLO M.FNEDRIKSON JOHN P, BYRON EARL F, [OLBORN,JR. BERTIN A. BISBEE� JR. JOHN M.PALMER FICHAfiD R, NANSEN JEROME B,PEOERSON LAWqENCE PERLMAN R�BERTG,WEBER qOBERT P,SANOS KEI7H A. LIBBEY JEPOME S,RICE TERENCE M,FRUTH THOMAS C, HUNT JONN H, STOt1T JAMES L.BA�LLIE May 28, 1974 � City Council City of Fridley Fridley, Minnesota � Gentlemen: 1460 NORTHWESTERN BANK BUILDING MINNEAPOLIS� MINNESOTA 55402 TELEPHONE (612� 339-8331 OARRELL 8. JOtiN50N WALTER N,KIRN,JR. R,BERTRAM GREENEp 5•CHARLES SORENSON,JR, WARREN E.MACK JOHN L,POWERS JOHN A,CAIRNS PAULJ.LOKKEN R�CHAR❑ P, KELLER DAVID 5. H�LL QUENTIN T, JOHNSON TH�MA5 J,TRIPLETT TIMOTHY M. HEANEV JOELS.NEWMAN EDWARD A.2IMMERMAN FREDEpICK E.�FINCH On behalf of Hi-Mount, Inc., the undersigned respec-�fully requests , your consideration and preliminary approval of the issuance by the City of Fridley of $500,000 Series 1974 Revenue Bonds for the acquisition of land and construction of warehouse and office � facilities to be leased by the City of Fridley to Hi-Mount, Inc. Such bonds will be purchased by �.he firm of Moore & Jurar� �ursuant to the terms and conditions of their I�tter of undertaking attached hereto. � � �J � � � C� � C� As I am sure you are aware, the bonds do not constitute a liability of the City of Fridley and the Czty is statutorily prohi}�ited � from expendirig any funds, including expenses for preparation of documents relating to the issuance of said bonds, an the project. Funds to pay interest on and to retire principal balances of the bonds must come from rental payrlents made by the company; which payments will be made directly to a trustee, selected by the company, �he underwriter and the City. It is the intention of the company and is set forth as a condition of the letter of undert�king ot the underwriter that rental insurance will be secured by the company and paid for with a portion of i:he proceeds of the bonds. This insurance will guarantee that rental payments will be made to the trustee for the account of the City throughout the term of the lease. The payments under the lease will be equal to the costs of al� interest and principaZ retirement on the bands plus an amount equal to taxes and special assessments levied against the property. � l0 � � , � � i � � i � � � u � � � � � i JO A FREDRIKSDN, BYRON, COLB�RN, BISBEE, HANSEN & PERLMAN City Council, City of Fridley May 28, 1974 Page Two The Facility. The facility to be constructed will be approximately 23,000 square feet, consisting of 21,000 square feet of warehouse space and approximately 2000 square feet of ground floor office space and will be located on property now owned by the Burlington Northern Railroad as part of the Fridley Industrial Park. Construction will be steel frame wi�h concrete block exterior walls and will be constructed in conformance with a11 applicable codes and ordinances of the Ci�y of Fridley and wi11 be designed to provide suitable esthetic features as agreed upon by the company and the C�.ty. The plans for the project are being prepared by the architectual firm of Thorsen and Thorshov 1�ssociates, Inc. and upon completion of final plans and specifications a construction contract will be entered into with Mid-Continent Steel_Corporation of P1innEapolis . The Company. The company, Hi-Mount, Inc., is a Minnesota corporation distributing Olympia Beer throughout Hennepin and Ramsey Counties. The company commenced such activity on April l, 1974, and is currently occupying f.emporary facilities at 500I France Avenue North, Brooklyn Center, pursuant to a six-month lease with options to extend on a month-to-month basis through March 15, 1975. Hi-Mount, Inc. is wholly owned by L. John Pohle and Paul L. Pohle. The Pohles also own all the stock of Pohle Sales, Inc., distributors of Schlitz, Old Mil��Jaukee, and Lowenbrau beers, with offices at 87. N. E. St. Anthony Boulevard, Minn�apolis, Minnesota. Hi-Mount, Inc. will employ approximately 35 full-time employees with an annual payroll of approximately $600f000.00. Financing and Loan Proceeds. Because of the present condition of the f_inancing market in general, suitable conventional financing cannot be obtained. Such conventional financing would require a downpayment and interest rate in excess of those practical to the operation of this business and therefore the assistance of the City of Fridley is requested by means of issuing the revenue bonds. Proceeds of the bonds will be used_�or acquisition of land, construction of the improvements, construction loan interest, underwriter's bonds discount, premium on the rental insurance, payment of all costs� and fees incurred by the City, the trustee and the company relating to this txansaction. Due to the time pressures placed upon the company by the short-term lease of the temporary facilities, and further due to the fact that such facilities do not pr�sently have a heating system in the � � � f LJ � � � � � � ' � , � � LJ � , FREDRIKSON, BYRON, COL9�RN, BISBEE, HANSEN & PERLMAN City Council, City of Fridley May 28, I974 Page Three warehouse, it is imperative that construction be commenced as soon as possible and hopefully by July 1, 1974, so that occupancy can be achieved in Noven�ber or December, 1974. I have enclosed for your cor.sideration, Purchase Proposal of Moore, Juran & Company, Inc., Proposed Resolution of Preliminary Approval, and Proposed Application for Approval by State of Minnesota, Department of Economic Development. Preliminary approval requested herein will allow the company to apply to the Commissioner of �he Minnesota Department of Economic Development for approval. After such approval, the compar�y, the underwriter, the City, and the trustee, throuqh their respectiv� legal counsels, w�_11 prepa.rc the necessary documents required to ef�ect the transaction. Aft�r such documents are agreed upon, the City will then be asked for its final approval of such documents prior to closing of the sale of the bonds to the underwriter. The underwriter wil.l then sel1. the bonds to such investors as it desires, and the company will then commence making payments as required by the lease directly to the trustee wha will administer al1 funds and make all appropriate paym�nts to bond hol.ders. If you have any questions regarding this matter please feeZ free to contact me. Very truly yours, � ( , , � /�' '' i � '4� J�"i.-��: t`� `�''- ' G�-! sv.��L_J � Darrell B. Johnson DBJ:bga Enclosures i: '� � MOORE, JURAN AND C�MPANY, INC. • MUNICIPALSECURITIES 1�� `� , � IDS CENTER •£30 South Eiyhth S[reet • Suit� 4630 • Minneapofis, Minnesota 55402 � ' Telephone (612) 339-8071 May 28, 1�74 City of Frid]ey� Frid7ey, Minnesota Hi-h1ount, Inc. 5001 France Avenue P�orth Brooklyn Center, Minnesota Gentlemen: You have advised us that it has been proposed that the.C�ty of Fridley, Minr�esota (the City) issue fndustrial Development Revenue gonds (the Gonds) under provisions of iqinnesota Statutes, Chapter 47�+ to finance acquisition of land within the City and the construction thereon of a new facility far the warehousing, handling and distribution of beverages, including beer �the Project), to be leased by the Gity to Hi-Mount, fnc (the Company). Qn the basis of information furnished us ta daie with respact to this Project, we understand that the amount of 8onds required is preser+tly estimated as follows: Construction Land Legal, printing, lease and indenture expenses Escrow fund Discount Lease insurance premium Interim financing and contingencies Total Bond lssue $300,Q00 100,OQ0 1z,g00 12,500 25,000 41,600 8,000 $500,000 lOC We offer to purchase $500,000 principal amount of the Bonds of tl�e City issued to finance this Project, subject to the following terms and conditions. 1. Before or simultaneously with delivery of the Bonds to us the City sha11 have entered into a Lease (the lease) with the Company, r�i�iereby the Comp�ny shall lease the Project fram the City for a terrn commencing not later than the date of the Bonds and ending not earlicr than the final maturity o�F the Bonds. The Lease v�iii be substantially in the form and tenor customary with respect.to simitar transactions, including without limitation the following provisions: � (a) The Company shall agree to construct the Project substanfiially in accordance avith its plans and specifications; '(b) The Company shall agree to pay rents in amounts at al.l times suf- ficient to pay fu]ly and promptty the principal of, premium, if any, and interest on the bonds; tqgether with trustee and paying agency charges. (c) The Company sha11 agree to pay all expenses of the operation and maintenance of the Project, includir+g, without limitation, property and liabi�+ty +nsurance, and any taxes; 0 6 � � � �_ J � �� iV L �d) The CompanX shall have the option to purchase the Project for $1 upon the payment of all Bonds, upon their final maturity or earlier �ptionai redempti.on i.n accordance with their terms, and shall be obli.gated to purchase the Project upon occurrence of certain events relating to con- demnation or �estruction of the Project, at a price of $1 plus the amaunt .required, �•�ith any insurance or condemnation a�iard proceeds, to pay and retire all of the �onds, in event the Company praperly decides not to repair, restore or reconstruct the Project. 2. Prior to the delivery of the l3onds to us the Company shall have ehtered into one or more firm commi�tments for tF�e construction of the Project on the Project site substantialty in accordance Nlith the Company's plans and specifications. /1ny contract �roviding for the construction of the Project shall be secured by a good and si.�-Fficient payment and performance bond. If the cost oi the Project exceeds the amount of Bond proceeds available fior t�e purpose, the Company is obligated to compiete the Project.and pay the excess cost. 3. Refore or simultaneously wiih the delivery of the Ronds fio us, the City sl�all have entered into a deecl of trust and indenture, satisfactory to us, whereby th� City pledges ifis entire interest in the Project and reVenues therefrom to a Trustee for the benefit of th� bondhotders. The Trustee shall 6e a naiiona] or state bank having trust pot•�ers, designated by us; and accept- able to the City and thc Company. The deed of trust and indenture, shall be in s�bstantially the For'n and tenor customarily used in connection with trans- actions of a simitar nature. 4. 6efore ar sirnultaneously tidith the delivery of the bonds to us, the Company shail have entered �nto, executed, and delivered to the Trustee, a Guaranty Agreement in a form acceptable t� us, wi�ereby the Company uncondi- tional.ly c�uarantees ihe payment of the principal and interest ot� the 8onds. ' S. k3efore or,simuitaneously ��ith the deiivery of the Bonds to us, the Company shall have applied for and obtained a poiicy of lease guarant.y insurance issued by an insurance campany which is acceptabie to the under��riter � and the Cit-y that will insure 100� of the totat aggregate am�unt of the Lease payments due over the term of the tease; and 100% of the estimated taxes due aver the same term. , � . ' � � � � 6. The Bonds shall mature within 20 years of their date of issue, in years and amounts and upoh terms mutually acceptable to us, the Company �nd the City subject to redemption at par and accrued interest upon certain terms and con- di�ions specified in the lndenture and rel�ting to destruction or condemnation of the Project, or the occurrence of certain events rendering the covenants conta i ned i n the l.ease im}�wss i bl e af perforr�ance. ! n add i t iori the bonds matur- ing 1g89 and thereafter shatl be callable in inverse order at the optian of tha City an /lugust l, 1933, and any subsequent inter�st date thpreafter, at a price af t05 of par value plus accrued interest. .%: The Bonds specified by us so 7he purchase price the Bonds. shall bear interest payable semiannually at a rate or rates that the avera�e interest rate does not exceed i.SQi per annum. payable by us shali not be iess than 95•00 of the par value of , . � � • .� : �: us on or �etore 5eptember i, i�/4, y� • or at our option thereaffier. The Bonds are to be accompanied by the unqualified � approving opini.on of rlessrs. Briggs and Morgan, St. Paul, Minnesota whose opinion shall state.in substance that the 8onds are valid and binding special obligation ot the City in accordance u�ith with their terms,.payable from revenues to be � received by the City under the iease and secured aiso by an indenture and deed of trust as a first lien on the Project, and stating that interest payable on the Bonds, in the hands of a person not a substantiat user of the.Project or related person,. is exempt from federal income taxes under then existing laws, , reg.ulations, rulings and decisions. You agree to cooperate in obtaining this opinion and to enter into this transaction. The Com�any will alsa furnish a certificate as to th� absence of litigation and a certificate approving the ' prospectus or official statement prepared by us to be furnished to secordary purchasers of the Qonds. � ' � ' C� � , � �_J 9. In the event that thz bonds are not detivered to the �nderurriter by Se�tember 1, 1974, the underwriter reserves the right to adjust the above mentioned average caupon rate of the issue up�•rard or dovrnward in proportion to the in- cremental change�in the Bond �uyer Index of 20 municipal bonds published at 2:50 p.m. Central Standard Tine Thursday of each weel:. This index as of Ptay 23, t97j+ was 6.05. 10. The anprova] af this issue by the P1innesota �epartment of Econo�nic Developrnent and the successful registration of these securities �>iith the t�1innesata Securities Department shall be obtained prior to the delivery of these Bonds. � � 11. Between the date hereof and the date of detivery of the Bonds to us there shall not have been any material adverse cnange in the business, proper- ties, financial p�sition or results of o;�erations of the Company, nor shail th�re be pending nor threat:ned on such date any legal proceedings to which the City or Company is a party and which will have a material adverse effect of the trans- actions cantem��tated by the Lease and lndenture except any such action of t�hich we shall have b22n advised prior to the date hereof. 12. All costs o�z bond printing and l�gal fees for the legal services h�rein specified, and any other expenses ir�cur-red by the City sha]l be paid by the Company and shati be entitied to be reimbursed f�ron� bond proceeds, bat which shall be paid by Company if for any reasons bonds are not issued. 1 13• Upon delivery of the Bonds to us ti��e shaii pay to the Trustee for the account of the City, the purchase price af the Sonds plus accrued interest from their date o�F issue to t!-ie date of such det ivery. If the foregoing pro�osal,is acceptable, please indicate by endorsing a copy hereof � and returning the copy so endorsed td us, Until and unless accepted, this {�roposal may be withdravm by us at any time. , � BY: Fioore, Juran and Company, tnc. , Accepted by Hi-h1ount, tnc. this ` day of ,tg74 � ' �_� � BY : Accepted by the City of Fridley this BY: day of ,i974 � l0 F 1 • � P.ESOLUT I OPl REC l T l`JG A PROPOSAL FOR A�I I PlDUS7R f AL DEVEI.OPPIENT PROJCCT G I V( P�G PREL t t�1 I P1�12Y FiPPP.OUAL TO TEi� PROJ ECT , � . PURSUAPJT TO THE P11 NPlESOTA MUFJ 1 C f PAL I PJDUSTP, I AL DEVELOP�1Eh(i ACT AUTHOR ( Z f iJG THE SUE3t'I tSS I ON OF l�PI APPL i CA i I OPJ • FOR APPROVAL OF SAID PROJECT TO THE , COt�1M ! SS t OfdER OF �COPdOP11 C DCUEI.(3PPiEP1T OF �'NE STATE OF M I PlP�ESOT/� Ai�lD Al1Tf�0�; I Z 1 NG THE PRFP/1P�A i! Oid OF � . t�ECESSARY dOCUi'1ENTS A�lD ;�;J�7ERIALS IT�� CONtJECT10tJ I�11T}i 5AID PP,OJECT , ' ' � � ' � � r � ' i , , 1�lHEREAS, a) 7he purpose o� Chapter 474, Minnesota Statutes, known as the Piinnesota Municipal lndustrial Development Act as �Found and determined by the legislature is to promote the welfare of the state by the active attraction and encoura�ement and development of economically sound industry and cornmerce to prevent so far as possible the emergence of blighted and marginal lands and areas of chronic unemployment; 6) Factors necessitating the active promotion and develop- ment of economicaliy sound industry.and comm�rce are the increasing concentration af population in the metropolitan areas and rapidly rising increase in the amount and cost of governmen�al services required to meet the needs of the increased population and the need for develoement of land use which will provide an adequate base to finance these increased costs; c) The City of Fridley desires to retain, attract and encourage the development of economically sound industry and a Project of the kind hereinafter described will assist the City in accomplishing this objective and will help to maintain theincreased employment levels in the City and will help to maintain and increase the assessed valuation of the. City; . d) The Project as f�ereinafter described wiii resuit in main- taining intensive develcpment and use of iand in an existing industrial area Hiithin the City. In the foregoing res�ects.and in other respects as well said Project satisfies the abjects, purpos�s and requirements of Chapter 4%4, 14innesota 5tatutes; e) The City Council has received from Ni-Mount, Inc., a Minnesota corporation (hereinafter referred to as Company) a proposal (which proposal is outlined in an underwriting proposal dated h1ay 28, 1974 submitted to the City, a copy of which is attached hereto as Exhibit A) that the City undertake the Projec� hereinafter described, which Project is consistent with the objects and purposes of the t1innesota Industrial �Jevelopment Act; f) The Project to be financed by tfie proposed Industrial Development Bonds is the acquisition of land within the City, and the construction thereon of an office and warehouse faciiity. ihe Project wilt be used for the warehousing, handiing and distributian of beverages, including beer. � ,. � , 1 � , � � g) Said Project will aid and assist the City in a manner consisteht with the Municipal Industrial Development Act and the fu11 faith and�credit of the City wi11 not be pledged or be responsible in connection with such project or in connection with the issuance of any bonds for such Project. 10 G NOtd, 7HEREFOP,E, BE IT RES�I�VED by the C i ty Counc i i of the C i ty of Fridley, Minne�ota as foiiows: i) The Councit hereby gives preliminary approval to the proposal of Company that the City undertake a Project pursuant to the Nlinnesota P1unicipal lndustrial Development Act (Cha��:er 474, Minnesota Statutes) �onsisting of the acquisition of land withih the City, and the construction thereon of an office and warehouse facility pursuant to Company specifications suitable for use by Company. The property and building are to be leased by ihe City to Gom;any upon such terms and conditions with provisions for revision from time to time as necessary, so as to produce income and revanues sufficient to pay, �•�heh due, the principai of and interest on proposed lndustrial Development Bonds of the City in the � total principal amount of $500,000 to be issued pursuant to the aforesaid Chapter 474 to finance the �cquisition of land and construction of a building and improvernent and said proposai may also provide for the entire interest of the City therein to be pledged and mortgaged to the hoiders of the bonds of the City or a trustee iherefore; 2} On the basis of information available to this Council � it appears, and the Counci2 hereby finds, that the effect of the Project, if undertaken, wiJl be to er�co�rage the reten�ion and development ofi economically souncl industry and commerce ancl �ssist in the prevention � of the en�ergence of bl:ighted and marginal land, �rill help to prevent chronic unemployment, and Urill result in maintaining intensive development and use of land within the City ahd result in an increase in the City's tax base; , � , ' , � 3) Said Project is hereby given preliminary approval by the City subject to the approval of the Project by the Commissioner of Economic Devetopment and subject to final approvai by this Councii, Moare, Juran and Comaany, Inc., as underwriter, of any bands to be issued and as to the ultirnate detaiis of the Project; 4) In accord�nce with Subdivision 7 of Section 1f74.01, � Minnesota Statutes,-fihe Mayor of the City is hereby authorized and directed to subrnit the proposal for the above described Project to the Commissioner of Economic Development requesting his approval, and other officers, �mployees and agents of the City are hereby authorized to pro- vide the Commissioner �vith such preliminary information as he may require. t1oore, Juran and Company, Inc., as underwriter, the City /lttorney and Briggs and �lorgan as bond counsel for said Project are also authorized to initiate rhe preparation of such documents as may be appropriate to the Project, if ifi is approved by the Commissioner, in order that w�hen and if approved, it may be carried for��lard expeditiously; 5) Company has agreed that any and all costs ihcurred , the City in connection with the Projec� ��hether or not Ct�e Project is carried to compdetion and �rhether or not approved by the Commissioner be p�id by the Company. ' - , � � 0 ay will c . - ' .' � . � � � � " , - . I " . � � . lO H � ADOPTED BY TH.E CITY COUPdCIL OF THF.CITY OF FRtDLEY, MIPJNESOTA THIS DAY OF , 1974 . ' • . � Mayor , , , .. A7TES7: I . - � � . . t� City Clerk , . , � � . , , , � � . , � . . ' • � � � ' . . . . STATE OF M I NPdES07�'�) COUNTY OF AN01:1� ) CITY OF FRIDLEY ) SS , l, the undersigned, being the duly qualified and acting Clerk of the City of Fridley, hlinnesota, DO H�R�BY CE�TIFY THAT I have careful)y compared the attached and foregoing extract of minutes with the orininal mihutes of a meeting of the City Council held on the date therein indicated, which are on file and of record in my office, and the same is a full, true and complete transcript therefrom insofar as the same relates to resotution pertaining to Industriai Development Project dated WITfJESS my hand as such Clerk and the official seal of the City this day of , 1974• C i ty C1 erl< . la ;T , ` _ . ' . , ' � � , � . . _- : �o^� . 11;PORTANT � This P,ppticat!on mus� bo subr�iti-ed to Cor��nlsslon�,r in tripticate i,`3E�'##i.#%ic#icic:'c�,�f#ii!'tit#f:�i�i��ii:#�i'ci'c##�1FX#iE###3:s`f�%#'.Fi:#ki:%#iE##ic%i>ic#3:#��# ' STAT� OF td { ht;�lESOi'A . � D�PAR7?�1c;JT OF ECO�Ot•i I C CEVc LOP�'EN1' • �#��:��#�:x��:�#��:�� . ' APP L I CAT ! 0� � � For Anproval of t"unicipai lndusfr-ia! Rev�nun Bond Praject . . Dafe MaY 28� 1974 ' � To : ' . . � t�it nn�so i a Ocpa r-hr,�Ynt of Econcm i c DevQ 1 opment - Sl Eas� Etgh''r'h Sirreet • 5�. Paut, i�1innesota 55lOt , . � � � ' 7he govern i ng t�ody o� Fr i cl l ey , Coun-ty ot Anoka � t•Sf nnesota, hereby ap� I i es to the Cor� ;ni ss i oner af ; he Sfiai-e ot �•il nn�sota, ' D::�ar�`r��nt of Econcrni c Ueve 1opr.�nt, for h i s a�orova I ot ih i s co.,�;,un i;y's ,. •. propos�c�t•ivntcIp�t Indusi:ria► Revenue �ond issue, as required by Section !, Subdivislon 7, Chapter ��,74, t•linneso�-a S-ta-tu;es. ' � YlQ havQ en�ered Into pralir�in�ry discusslons wit�: . FIR}d Ni-P1ount, Inc. � ' ' ' . ' ADDRrSS 5001 France /�venue ��orth . � � CETY Srooklyn Center ^ �7�T� P4innesota State of {ncorpora�Ion Flinnesota � ' At�or'ney Fredrikson,Byron,Colborn, Bisbee,Hansen � Perlman • . 1 0� ort westcrn {an bu i i ng � � � Atitiress Pt i nne�pol i s, Pi i nnesota 55402 � . � ihis tirm is engaged pr(rzartty in {natura of business); ' ' � lJarehousing,, handling and d�istribution of tiquid products including beer ' . ' 7he �unds received trom the safa ot the Industrlal Revenue E3onds �rll1'� ba used -�o (goneral naturo of oroject): Purchase of land, construction '' of- a w�rehoUSe and office facility . F , �� i�' witl ba lacated in Fridley, P1innesota � � � . , . � ' • 4I�/72 . ' ' . , � . � . � � � , � °--. . �. � r � ' '� . .� ' '�' 7ho fio�ra 1 bond i ssue w i i( be approxir�ate iy � �SOO,ObO � t�c� appf ied �to�rard paym�nt- of costs now estirrx�ted as fiol.lous; . . � to Co�t I tem � • Amount � ' � /�^� ' l.and Acquisition �nc� Sii�e U�veloprr,ent � 100,000 ' Cans'fructlon Contracts 300,000 �c;� i p;n�nfi Acqu i s i t i on and l nsta f 1 ati on ' ----- Arct� i 1 ec�ura.1 and Eng i neeri ng Fees - Legat F�es �• L,� tnforest during Construction Ini'tlal E3ond R�sE:rve , Con''rtngencies ,000 - Bond Discount . � 25,000 � Ofihor Lease Insurance Premium • � • - f � ' • t�' is presently estimafed fha-;- cons-i-ruc�-ion wi t t begin on or abo�t � �u � Y �� , t 9 74 , and s,r i� t be comp t eted on or- �bout tdovember 1_ , t 9�; t•lh�n comp 1 eted, there w� i 1 I bo aoprox i ma � e i y � 35 new jab� cre��ted by the pro jec�t� at an annua 1 pa yro I! o� a pprox i- • cr�-te i y� 60a, (300 �' based upon currenfi t y preva i f i ng wages. � The �eni-ati va lc:ase term i s 20 � years, com�nci ng ' A!igust 1 ,�� 7�+ , and. #he ten�nt ari i I (x�p;�c) havo '}-he op-tion to purcflase �he project tar a nominal value upon expira�tion of the fease fierm. , Th4 rnunlcipaiity 4.i1I provide the Ccrrh�-,issloner �i�-h a comprehensive sfi��emenY i nd i ca i i nc� hcfr• the proJect sa � 1 sf i es the pub 1 i c purpose. and pot i c i es ot ihe ta i r►nesota I ndustri a 1 Ueve toprn�nt Ac't. A te��t�r of i n�tent to purchasa -the bond i ssue frorn an underwriter or an anatysis of a tisca! consul�t�n� as to fihe feasibili�y of the project �r'om a tinanciai s�and�oinfi is attached to this appiica�io�. ,. �t�, 'th� e�nders i Sned, a re du 1 y e 1 ected re:presentat i ves of Fridley , h4innesota, and so(ici-� yo�r approva( of fihis projec�h at your earliest convenience so #hat wt may carry if to a�`inai Cti�� 1 u$ � �� a . . � .. . _ . � .. ' ` ,' S�gned by; tPrincipal Officers) , ' .• , . • Y . . • - . This approvat shai t not be deerr�d �fo �e an anprovat by the Com�rnissioner or '• � 'the �state of ; he teas i� i t i� y of fihe pr.o jeci� .ar the terms . of the t ease �ta be. �. executed or the bonds to be issued 'the�refor, ' �' date af A�provai: 4/t/72 � ' � � 0 Cammi ss i r,n�r - l�1i nnesot� �?e. C�rtm-�nt of Econor,iic DeveloPment � � � � u ' � ' ' IJ LJ ' , �� ' ' ' IJ ' ' ..� 1.�, % ` � ; ; .� � t � ; � � t��3�Si'��. ��'��.��'� P��.$E��` - Initiaiio� of an in�ustri�l developrnent �roject may come about in a variety of ways. It may come about b� municipa� acti,on, effort of the local clevelopment corporatian, or by request from an industry. Tn general the followina st�ps ( althougb not necessarily in the follawing arder) may be taken to complete an industrial bond project: 1. Locate a qualified industry to expand or mov� into the community. 2. The lacal davelopment corporation�in rr�ost cases s�iould have available to it a.t the outset the assistance and advice of: a. A financial advisor sel�cted. by the mun�cipality. b. �3�ud counsel selected b_y the muni�ipality. c. The local rrsun�cipal attomey. 3. Select an underwriter or ��sc�l consultan.t and bond cnun� sel to work with the munxcipality, its attorney, the Iocal devel- opment corporatio�. and the industry in fozmulatin� the nec- essary agreements, leases, etc. Tlus sl�ould �e done at an early stabe so that lease provisions may be dovetailed �Y�ith the pro- visions �or sale and repa�me�it of the bonds. 4. Th� municipal governin� body should review the �roject propasal after all information is madP available to it, deternur�e its feasibility and make findings with reference to whether it tencis ta further the ptlrpases anc� I�olzcies of the Municipa.I Industrial Bevelopment Act. 5. Enter into preliminary a�reem�nts, subject to obtainin� the approval of the C�mmissioner of the Depa�ment of Eco- nomic Develop�ent, providing for the constructian and financ- ing of the project whi�h may include, among others, the fol- lo�ing: a. Estimate and breakdo�vn of project costs; b. Method of provision for �construction, i.e., nebotia- tiozz by lessee or competitive bidding, or other mea:�s; c. Date, amount and method of bond sale; 7 �a --�- ' , � , ' ' �I � � � �I � � f. h. i. J• Lease terms and rental payments; Duties, obligations and responsibilities of the munici- pality and the lessee; Bond amortization schedule; Employment of trustee if trustee is to be emp2oyed; Mort�age arranae�nents; Lease options; Covenants ��itlx bondlzolders. 6. Obtain a letter of i�tent to purchase bond issue from an underwriter, or analysis from a fiscal consultant that the project is feasible from a financial stan�p�int. 7. File application for approval with the Commissioner of �he Department of Eco�omic Development. 8. Prepare and execul� final agreen7ents, leases, and trust indenture, if a�plicable, and issue and se11 municipal industrial development bonds. 9. Once a year tl�e tru�tee or municxpalit� must file a progress report on the project wiih th� Corr�missioner. 10. Uniform commercial code filings. �. � :1� , �_ 4 � +�; � . The old adage, "nothing happens in our economy until some- � thing is sold" applies to the issuance of industrial Development • Bonds. Historically, these have been marketat�le because of the tax- � exempt feature. This is stili true. Buyers are attracted by the tax exernpt interest paid on the Bonds. � Recognizin� the need to make Minnesota Industrial Develop- ment Bonds competitively xnarketable the 1969 Legislature amended the Act, and removed the interest rate limit. i � 0 1 1 1 : /O - h'i ' FfRST IVATIONAL-SOO LIfUE CONCDURSE 507 MARGLUETTE AVE � , r � � MdV 24� 19%4 P�ir. Marvin C. Brunsell Citv C1erk-Treastzrer City Fiall 6431 University Avenue NE Fridley, Minnesota 55432 Dear Marv, EHLERS AND ASSOCIATES, INC. ' FINANCI;4L CONSULTANTS MINNEAPOIIS, MINNESOTA 554D2 339-6291 (AREA CODE 6121 Your bonds issued in 1970 have heen r�vie�vec� for the possible � advanta�re of_ refundinq at the �resent time. This service is prov'ided under the terms of our contract as tinancial consul- tants when the oriczinal bonds were issued. As the enclosed � charts demonstrat�, ��our city could realize a savinq of $78,996.25 if these bonds were refunded in the current market. ' We would be happy to meet �aith your Council. at its next meetinc� to explain the advantaqes oi advanced refundinc�. L7nder current advanced refundinq conditions, there is no direct cost to your city �or this service. As wi11 be exr�lained at the � meetinq, all costs of re.func�inq are borne by the seller of U.S. government securities for the investment of the adv�nced refundinq bond proceeds. � � � � I� � , � I am loolcinq forward to meetinq with you in regard to this matter. Sincerely, �xr,FRS AT7D ASSOCIATES, zrtc. ��, < <.�...VUU�._ �_. ee�a�Swanson, Jr. 5S:sh Enclosur_e ��,*.4� ��4+ i � ,. � � 0 ti � r-i C` l` r--t O Z � L �' H C� � ?- W LtJ F-- J< 0 0 � � f-- � � E H � O O O O O O O O O C? 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L� � F—� — �± � May 31, 1974 Anoka County Board of Commissioners Anoka County Cour_t House Anoka, Minnesota 55303 Su}�ject: Closer Liaison and Further Cooperation with Anoka County Gentlemen: We at the City level are trying to deve].op closer lines of communication and cooperati.on with other levels of government to see that, hogefully, we can deliver the best services to the Citizens of Fridley for the pub]_ic dollars spent. We hope that such further cooperation will develo� to: �� 2. Provide full utilization of all public facilities and resources by the Citizens of Fridley. Elimiria�e any duplication of services provided by different levels of government. Over the last year the City staff has been meeting with some of the School District #14 Board members and staff �n a quarterly basis. The result of these meeti.ngs has been a very positive effort toward communi- cation and cooper_ation in ihe in�ezuse of many pub�ic facil�ti.es. This continued e�fort of coop�.ration has yielded niar.y benefits to the Citizens of our commun�.ty, and I am now suggestinq a simila�' caoperative effo.rt with the County of Anoka, the level of government which gets the second high�st percentage of tax dollars from the Citizens of Fridley, to develap furth�r liaison and coaperation. I am proposing a quart�rly meeting with some member of the County Board along with the County staff. We at the City 1eve1 would have permanent representatives on tne committee, which would include myself and Dan Huff, Naturalist-Resource Coordinator, who will attend me�tings on the City side; plus calling on any other representatives of City's depart- ments wtien items an the agenda require their attention for a particular m�eting. I would hope that the County Board �vould also appoint some members of their Board plus some staff inembers, and that the committee woul.d meet with us regularly on a quarterly basis, with the ability of this committee to draw on any County staff representative for the special items on the agenda. �A Anoka County Board of Commissioners May 31, 1974 Page 2 This letter was revieF�d by the City Council at their meeting of June 3, 1974, and has full backing af the whole Council for this approach. This request is being made in the spirit of developing furth�r cooperation with Anoka Caunty, and hope�ully provide a better sexvice to the Citizens of Fridley, which is part of Anoka Caunty, for. the tax dollars spent. Thank you so much for your cansid�ration. Yours truly, - Nasim M. Qureshi City Manager NMQ/ms CC: DZr. Steve Askew Coun.ty Adminis�rator's Of�ice Commissianer O'Bannon 5298 N. E. Fillmore Street Fridl.ey, Minnesota 55432 Commissioner Kordiak 1117 43-1/2 Av�nue Colum}�ia HeigY�ts r Minnesota 554?_l , ' ' , � ' �J � ' ' ' ' � . -- -�9�� RESOLUfION NQ. � � A RESOLUTION ORDERING PRELIhtINARY PLANS, SPECIFICATIONS, AND ESTIMATES OF THE COSTS THEREOF: WATER AND SANITARY SEWER IMPROVENIENT PROJECT #115, ADUENDUM #1 BE IT RESOLVED, by the City Council af the City of Fridley as follows: 1. That it appears in the interests of the City and of the property owners affected that there be constructed certain improvements, to-wit: Water F� Sewer Servi.ce Connections to the Following Described Properties: • Lats 1-3, Block l; Lots 2 F� 3, Block 2; Lots ].-8, Block 4; The same all being in Rice Creek Estates, located in the South one-half of Section 13, T-30, R-24. 2. That the City Engineer,F� the City's Consulting Engineers are hereby authoxizecl and directed to draw the prelir�inary plans and specifi- caiions and to tabulate the results of his estimates of the casts of sa.id in�provements, ancluding every iten of cost from inception to completion and aIl fees and e�enses incurred (cr to be incurred) in connection there- with, or the financing thereof, and to make a preliminary repor_ of his findings, stating therein ��=nether said irr,provements are feasible and whether they can be:�t be made as proposed, or in connection with some other improvements (and the estimated cost as r°commended), including also a description o£ the lands or area as may receive benefits thereir�m and as may be proposed to be assessed. ' 3. That said preliminary report of the Engineer shall be furnished to the City Council.� ' ' ' ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS ��1. Lx.-..��AY OF , 1974. ' ATTEST: �� CITY CLERK - h1ARVIN C. BRUNSELL MAYOR - FRANK G. LIEBL 0 it�� ' , , RESOLUTION N0. l.G�� A RESOLUTION RECEIVING TI�E PRELII�4INARY REPORT AND RECEIVING PETTTION TO WAIVE A PUBLIC HEARING ON THE MATTER OP THE CONSTRUCTION OF CERTAIN IMPROVEA1rNTS: WATER � SANITARY SEWER IMPROVENiENT PROJ�CT #115, ADDENDUM #1 WH�R�AS,' the construction of certain improvements is deemed � to be in the interest of the City of Fridley and the property owners affected thereby. ' � BE IT RESOLVED, by the City Council of the City of Fridley, as follows: 1. That the preliminary re,port submitted by the City Engineer and ' the Consulting Engineers is hereby received � accepted. ' ' 2, That the City Clexk shall act to ascertain the name and address of the owner of each pa.rcel of land directly affected or within the area of lands as may be proposed to be assessed for said improvements, and calculate estimates of a.ssessments as may be proposed relative the�to against each of said lands. 3. That the area proposed to be assessed for said improvements and each of ihem as noted in said Petition are all the lands ' and areas as noted in said Petition. All of the same to be assessed proportionately according to the benefits received. ' ' , , 4. That the estimates of assessments of the Clerk shall be available for inspection to the owner of any parcel of land as may be affected thereby. 5. That all property owners whose property is liable to be assessed with the making of the improvements have signed a Petition attached hereto reauesting the improvements and constitute 1000 of the property owners who will benefit fxom the improvement and da waive the right to a public hearing which is ailawed under the normal procedures set forth.in Minnesota Statutes Chapter 429. ' ADOP'TED BY THE CITY COUNCIL THI S v`-'' DAY OF , II �� , , ' ATTEST: OF THE CITY OF FRIDLEY �i„��f , 1974. �_. CITY CLERK - MARVIN C. BRUNSELL MAYOR - FRANK G. LIEBL � N CITY OF FRIDLEY PETITIUN COVER SHEET Petition N��. $-197� Date Received May 29, 1974 Ubject Petition that water and sewer connections be provided for Lots 1- 3, B1ock l; Lots 2 and 3, Block 2; Lots 1- 8, Block !�, Rice Creek Estates Addition Petition Checked By Percent; Signing Referred to City Council Disposition Date � � � � 1 ' � � � PL'TITION FOR IYATER � SLtiVER SERVICE CONNECTIONS FRIDLEY, MINN�SO'I'A " ��_ .�� , 1974 To the City Counca_1 of Fridley, Minnesota: jVe, the undersigned, being the property owners of the followin'g described propexty: Lots 1-3; Block 1; Lots Z�, 3, �3lock 2; Lots 1-8, Block 4; the same all being in Rice Creek Estates located in the Sou�h one-half of Section 13, Toianship 30, �:anbe 24 (See a�tached Exhibit �1) her.eby petition that water and se��ler service connections be provided by the City to the previ�usly described properti.es. �Ye understand that the zmprovement cost of said water and , sewer sexvice connection improvement wi11 be asse;ssed against the previously ctescribed proper.ties as cutlined in b�innesota Statutes Chapter 429.00. IVe understand that it is impossible to give accuraie estimates of what the improvemei�ts ��ill cost, but that based on cost figures fox similar ivork done in the City, it is estimated �that the improvement cost will be as follo�as: � Water Service $ 470.00 each � Se�tiier Service �--�'15�.00 each (1�bove improvement costs include street xestoration) � ' ' Total Es�imated Improvement Cost per Lot .... $ 9�5.00 l�Te, the undersibned being 100 � cf the property owners i4Tllo will bel�efit from t}ie i4ater and sewer service connection improve- ment hei�eby tiaaive t}ie right to a public hearing for the improvement which is alloived u�lder the normal procedures set forth in �Ii�nnesota 5tatutes Chapter �29. T\ IVI'TNESS �VH�REOP, tlie parti.e� hexet.o have set their hands t ll i s^�'", %�� d a y o f_��--`�_� , 19 7 4. 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' 't ... i.. f,�: !.1 � .�� ..:•. , �� Y O1 ., . , � .i.�,a... .- I',.. _ . . . .. �>- _ _ .� . .. . .. ...r: :. .. �:f �i ' _ ( ., , t : . . �.... ..�. ._._.,,�.�- , . . .... ..., :r•�t'� �. .. . . .. . i. .. .. . . � .. . . , ..... �• ....�.t�i. . :. � � � �,. .�., . .. �. . �,._�' _ �. . . . .r.e�e r � . .. _ . � , Lo . .. rc;-. r.t:,.......,. ..tc�. .. .. ... ---• , A D. ._ , . .'- __ --_ __�_ _— � . . _ ,.. . . ., • .. . . .. . . _ "._�"'.— -- --'.-----'---__ -:_...��. ...::�-_ .._,--' .si'. •.. - .._ ., Sca1e ' l' � 10J� . � = De��oies Iru� Mon�incti# Beari��gs S1�a��i� Ai e Assvrned U4��Y�ty And Dr��no9c E.�ce��ic��FS SYx�wn Tl�vs ' un��.� f �u��.,,�.>.�r �.._�._..e� ,.,,FS �' _..__:.. . �_.._°_ The W�dth Beu�� As indicatcd ' . � � o /A /�/y %� RESOLUT I ON N . (,C� / , � � ' ' , ' ' ' A R�SOLUTION ORDERING IMPROVEMENT AND FINAL PLANS AND SPECI- FICATIONS AND ESTIMATES Or COSTS THEREOF: WATER � SANITARY SEWER IMPROV�MENT PROJECT #115, ADDENDUM #1 ��VHEREAS, Resolution No. adopted on the 3rd day of June, 1974 by the City Council, received a petition to waive the public hearing on the proposed improvements, as specifically noted in the Petition attached hereto for re£erence; and WHEREAS, a11 of the property owners whose property is liable to be assessed with the making of_ the improvements (as noted on said Petition) have signed the attached Petition reQuesting the �improvements and constitute 1000 of the property owners who will bene�it £ram the improvement and do waive the ri.ght to a public hearing which is al.lowed under the normal procedures set forth in Minnesota Statutes Chapter 429. NOW, TH�REFORE, BE IT RESOLVED, by the Counci.l of the City of Fridley, Anoka County, Minnesofia as follows: l. That the following improvemen�s proposed by Counczl Resolution No. are hereby ora�r�a to be effected and completed as soon as reasonably possible, to-wit: Water �, Sewer Service Connections to the Following Described Properties: Lots 1-3, Block l; Lots 2 F� 3, Block 2; Lots 1-8, Block ' 4; The same all being in Rice Creek Estates, located in the South one-half of Section 13, �'-30, R-24. ' 2. That work to be performed under this project may be perfornted under one or more coi�tracts as may be deemed advisable upon receipt of bids. ' 3. Tl1at the City Engineer, Nasim M. Qureshi, � the City's Consulting F�ngineers are hereby designated as the Engineers for this improvement. They shall prepare ' £inal plans and specifications for the making of such improvement. � ' , ADOPTE D BY THE CITY COUNCIL OF THE CITY OF FRIDLEY TI-IIS '�r�� DAY 0 F --,r ATTEST: ' CITY CLERK - MARVIN C. BRUNSELL , �,��Q.� , 19 7 4 . MAYOR - FRANK G. LIEBL �� RESOLUTION N0. v �( `7 /� '. A RESOLUTION_ORDERING IMPROVEMENT,.APPROVAL OF PLANS AND ORDERING ADVER'I'ISEMENT FOR BIDS: WATER AND SANITARY SEWER IMPROVEDIEN'T PROJECT #115, ADDENDUM #1 ' � ' , �J WHEREAS, Petition #8-1974, dated May 23, 1974 reQuests improvements, as specifically noted in the Petition attached hereto for reference; and WHEREAS, alI property owners whose property is liable to be assessed with the making of the improvements (as noted on said Petition) have signed the attached Petition rec�uesting the improvements and constitute 1000 of the property otivners who will benefit from the improvement and do waive the right to a public hearing which is allowed under the normal procedures set forth in Minnesota Sta.tutes Chapter 429. NOW, THEREFORE, BE IT R�SOLVED, by the Council of the City of Fridley, Anoka Courity, Nlinnesota as follows: � �F l. That the following improvements are hereby ordered to , be effected and completed as soon as reasonably possible, to-wit: I� � , LJ C� J ' ' , �J ' �Nater and Sewer Service Connections be Provided by the City to the Following Described Properties: Lots 1-3, Block l; Lots 2� 3, Block 2; Lots 1-8, Block 4; the same all being in Rice Creek Estates, located in the South one-half of_ Section 13, T-30, R-24. That the work involved in said improvement as listed above shall hereafter be designe� as Sanitary Sewer and iti'ater Improvement Project #115, Addendum #1, 2. The plans and specifications prepared by the City Engineer and the Consulting Engineers for such improve- ments and each of them, pursuant to the Cauncil resolu- tions heretofore adopted, a copy of. which plans and specifications are herto attached and made a part hereo.f, are hereby approved and shall be filed with the City Clerk. 3. The work to be performed under �VATER AND SANITARY SEWER IMFROVEMENT PROEJCT #115, ADDENDUM #1 shall be performed under one contract. � Resolution No. �� d . for Bids ��11- `�� Add. #1 A v , -2- The City Engineer shall accordingly prepare and cause to be inserted in the official newspaper advertisements for bids upon the ma�Cing of such i.mprovements under such approved plans and specifications. ADOPTED BY THE COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF , 1974. MAYOR - FRANK G. LTEBL ATTEST: CITY CLERK - M�RVIN C. BRUNS�LL � V $-= � 1 � ra: ' � ' ' � �� ' � , � � FRU�t: NOP�ORASL� MAYQR, CI1"Y Cp�1NCIL, Rt�O CITY P1I�t�AG�R FI �U1;�CE DI RECTOR Ar�D CI TY ASS� SSOi� S:J3J�Ci: CIERICAL ER�20R If� SPEC:IAL ASSESSt1ENT PRO.l�Cr -- SS N0. i02 DAiE: PiAY gr 1 g7FF In ps-e;�r�►�i ne� thu �3ss�ssm:�n� ra� ��ar I;�z�r�v��n�nt P�-c� jec � SS No, i 0?_, an" area �1` 193,�Q0 sq�Aare fee: �-�as �or �iz•� sLorm sew�r assessrnen� o� Parc�i 37:�0, SQcti��Z ?(Ge�3�•Cr�iv��c� Rar��e). An arta o� 2g9,g00 square feet sii.�u a d hav� bG;�n �as�d, (;=at- exp� �-�et�� :� Qn o� er-rors see Exhi nz t A att�cilec( �, j Thi s resu� te;! i n aE-� ass�>s;n:�t� � ofi $r�9,993 a%S i rstead of $i8s7�r3r75 foE this parc��1� C�c°ruv�i�c� th� error wa��ri rec;uce t��e ins_a��'m�r��t pa��:;t.�►i fc�d° �he y�ar i�J!+ �r°c��r $7,6>Sg30 �o $2,,$70.�4, or a red�lction a� $�tR7�3a�6 fop i��7Et�� 14 If th� assf�ss;�� t�ri�re ic�w�r�� c�n F;�rce� 37o�F it t��o�a�d mQae� th��t $31t2�Ua00 in c.osLs ��csa�d n��: fa�: r�cc�ve�°�c1 0�� tihe �; ojec� and, th�reforef a re�sa�ss;rc��t w�u�ci b�: n��::c4p In�e�rest a� t.i�� $3��2yU�00 for the firs� pay_ m�.tzt car,tss 4:0 $3,222e6;i, for a tc�� o� $3��,,4%2g6$. ihis is th� arnotartt that ti�c�ui u�e s�r��ac� ea��r th� ar�� i�� a r°esasse:ssm��t� a �'his rr�:}ns �:f�a� �r� 7drli�iana� $m29 ��r �00 sc{�.��ii-e feet araE.sid be assess�d �n �Y"t'i()�t'�iE�s in ��z� ar�a y=or� tr�c� :;�orm s�;�::s- �air�, �r�r a t�tat cr� �3�59a ih� coat o�� t�-t�� st�t-rn s��t�;�� tai.�ra� a.rould l�� n a�d��io�-��t $,.23 �nr f(lt3 squ��-e f��* fot� th�sa prc�=�er�ies irt tiza� 7r`eat for ��oYa� 01� $3a�f3� Far tf�te�sc: ��Up�rtic:s ir� f�ui�-� arc�asf it ��azJ�c� a�d a�:ot�� of $e52 p�t� �00 sq��a� e fc��o� I]CY!"lt� 'cf�e ta�a� i=ot �Gh� �t�rc? co�ts u;� �o $Gn77 per 100 sq�.�are fc�t as can�p�red to $b�2S p�� t(i0 sq:�ar•e f�:u�. � . W� ar� aski rz� �nr au ��c�ri z<�'�i ci�t tcs i r�� orm i�te C�a��r��y Audi tor a�d ireas�.�rer to corr�ct the cur��-�;�� x bi �� i'c>b° thn �fso�t� p�o;��r-f�, aF�d ai so ac�u�� a resai�s�ie�r� r�uue�n� thv ass��s:;�;��r��: es7 P�rc��i 3)i�o9 sec��oro ?_, ar�� ar•iati��r reso� u'ti on sef�i r}g a r��assc�ssn7e�t h�ari e�g e�n tfie area i n q��esti ocz & ' �iCf3 ps ' ' � � , ' � i ' . � is � �_� � . � ,'� ., y � �•s.oEw.a�K_ Ess.�r 7 �'`�3� I . - > � � I . ,Y � � � f ` l`y . , _ ;..., ��, � � � .; , ..� _ ______ 1 . � , � �� : � . �.tM � %' � L . t � . � •�� `'�2� ' . � . � � � . - i , . �.�. . . , I k " _ - Ty. ' 1 _ . �� . -t �. ;� __� , . �II . � -- , I F ? � � _ . ' � . ` •.; ( � . � . !' ' , � . . ;+ : ' ��t�t✓ '/ ' .;s �- . - . . �� . '� � , -` . '-_� 1 � �f-se�� t�•� � � i� � . EXHIBIT A . � „ i 14 A � i ' i �:- � 1 ; ------�r- _ � . � . , � . � � `� � ' � /, . ;.�, �, I �-- . �� . � � ; : J ± . �t � � ; , �; � , , �: � . � �: � �: � �: i � _ � }: �'�� J _.- � �� 0 � �� 7��'" � � � 1 �!a !� � , i � `� I � � .. �.�. l f.-__ - � � ;► . _2 �__/ ..i.�-° i � ;�•" � �I � �.�7.!�D�_.' ' �, U� (i` � . ' ry, :.� � �7 � :i� I ry � -- 2� 1_�( .- . �i , � � ' r j �_ --- � ' � . � � � (';, , . ... . .. , _ �;J � •• '• . _ . . � -�.:'il . C �� )r'7 ,1 c./ r` � j, • _ �} . . . . �"�� _ v.. _.. � . � y. i —��— y. . J7 0�_'� �+—Y� __✓ 3�� , 3,31 . . • ._ ...... ..... . .___. _._ ._..._ ,..... . _ _. _ . � � . _.. . ___. �`'S _..__ . � i . .. c-3 A .,�...t, � y — �� f L a,q �..+is' �xr.��r.t.�.�rE- ra t.'��f�,�<Y..sf� �.� ,---,ro BS �f.�cr+ L.. " . i 1 i- � — — ____ � — ._ — � -- -- — — — — — — — � �� • � ��-i � � � � �J :1 •. � � ! . 1 � �j�. . . , :�-�.�.��'-s (Thi s i s a co}�y of ti�e • ori gi na1 map �'�� •: .`t.,i °�' �, :`j� -- � �� prepared i n the Engy neer�i ng Cepar �m�nt :� ih ,� / I � �sho�.ati n� are�s i nv��l ved i n SS Plo. � 02„ `�Q �� I Inaclvertantj y, th� area for ParGel 3700, �� ,s• , ��_I� �Section was picked up as 799,900 sq.ft. � � ' (I insYead oF 2g9,�00 sq.Ft.) .�� . �� '� ! ,� ' ' � � : . � '•� �. � I 1� _ _--------- . � �, C� � 1 I - : �: � , . � I ( ``r"' �r� �a7� � � ' , . � . • • � • ' � � . '� �� — !J1 I � - � �f l � , �. � il 4CjI �lrf... I�.qw i_1.� _l (_ _ . . . � N' •. �^+�;a RESQLUTION N0. � - �974 A R�SdLUTYON REDUCIP�G. TNE STORM SEIYER �ESSESShfEh�i OPi PARCEi. 3700, SEC7IC�! 2, FOR STORM SEWcR IFI}'ROtfcMENT PRU.iECT t�G� i�2 1�I;tERtAS, a clericai error has been m�dc eYith resp�ct to the area us�d for the storm s�wer ass�ssment on p�rcet 37oa, Section 2, ur,der Storm Sp��rQr Im�rove�nent f'ro jcct tt�. 102, ar�d 4lH4R�'ASs t t i s tP�e dc�si re o�` �ne Ci �y Counci i to rec,�uce ttze assessnr�r�t on Parcel 3700p Section 2, ia�- th� s a�s�ssn��nt frosn $2&A3g6.70 to $RrB9�o7d �or ��t�: storn s�.�a�r� ma7 n i r�ierccptar and frcm $23r597 �d� to $�,°��+7 a05 for the �tarm sc�,�er i atera� , and b WHcREAS, it 7s �he d�sire oi �h� Ci�y Co�nci� ta raassess th� b�n�fi��d � area for thb l�a� anc� c�i ��i� ass�ss�z�n� cos� s��i � t remai nY n� � r� S;Fte amour�'c of $34,472.6$ as a res��t c�f' �E�� c�eric��1 �rror or� Parcei 3%OE�, SPctio� 2, PdOGip TfiERE�O��, E3� IT R�SC�LUED �hai tF�� assessm�r�� ar� Par�� 3700, Sec�ian 2f for Storm Sea;ar Improv��;:,��tt Proj�.cfi Ploa 102. b; c:,� r�c��d ai�c# r�cluc�e: �ram s�+9,��o7s �o $��,��j�rso PASS�� dD f�70i'7'�t� f3,Y T6iF CITY Ct�EJt�C;�L OF I'i•i� CIT't' C�� '��L=Y it-{ZS ��J��/ QAY 0F _ .�._,..e.�,......._.? j �� - ' ATY�S�': ' � ' , , � r CIiY CLERiC ' Plarvyn C. arunscfi r h;AYJ2 �".�.._._.._.__.,,... -- �• Fra�k Go Li ebi l4� 1 ' , ' 1 ' ' ' L� CI TY QF �'RI DL £Y APJOKA COUP�TY, MI PIN�S�71� hOTXCE OF H��RI�dG QF RrASS�SSMFPJ�' FO? STUrii�! S;:?1�R �'ORiiON OF It'iPRUU��~1EPJT P�;�JFCi N0. 10? � �lvfi ce i s h�r�f>y gi ve�� ti-�a* ti�� c>u:��i y of the Ci t� o�f �'ri diey wi i i �r�e� a� ihe Ci ty h�at t i n Scll Ci Ci �y �n t�e "..__�_�_ d='y oi -, 197�'s ai %:30 o'ci��c� f'or�fo, to hea; a�d pass u;�o+�► a�i obj�'c�.iorzs8 if any,, 4:o the proposed as,ess;7A�ts i n Cf:S� ::ct to tE�? �oi la�:vi ng i:n;�r��:��:nt,, ia-�vi t: R�ASS�SS;��'::fdT FOh ST4�2�1 Sr:lrR POZ��'IO,J �r iPt°RO`JE;1�flT l�2aJ�Ci P10. 1d2. The proj�ostid ass�sa:nunt rat 1�For eavh a� sai d im�rov��ar�� i s n��,v ar� f�i 1 u ar�d. op4� tr� ��zE�t i c��ZS��:c�i on �y a� t pnr°sar�s i nc�res��dy i 1�he of`.i ee of t��e Cleri< af sai d Ci tyo At sai d heari rr�� the C��:�t•rci t�-�i 1 i cort�i d�r arr� ftr�n or at°�t oGj<'G�'! �i'i5 �a f:h� pYO�OS.°,"� daSC.'SS�t1�F1�S �GF' c�,aC�'i Ui S�S1Li im;�rov�.u,�:,,+t1�5e 7i't8 �'8f1°t'dy t�cZ�U�'Cs. O� �i1'a 7fT1�:'O�/Lfil�it�`_S BiIC� E,'c.%.;�1 O� j:{'lr�..ill 1 � �i1,'�' COilat::'UCi.14ii of' s�orm sF��rJ�r an�.� a,��f-tcn�n�es an� GE'di tTBC�:� faci � i ti �s for drai R:��e tri butary ta di tcnes art:1 c.-frai �ac�� tsasi ns � r� �he ar�a b��rtci�� by. An outl i i�te sf�rti r�� i: t{�e � nt��;�secti orZ oi Easi Ri v�r E�oad and , Os'r�or�r� R�7a� r�xn��7n� rt�r•i:F� �I�si7� �:ast ftyver Road to i�te�^s�ctiorz ot 79t�i 1�1ay; thQn rur:ni ng eas�: ai ��g 79`h �rla;r t4 2�-�� 1 ra:zd tract;s; thene4 nc>rfi;h a��r-�g �ai lraad ta?a��c� to �`3�s-� Aver�ue; �nF'r�ce cas� ' along 83�-d Av%rtue '�a �Crl 110. �f%; �nenc�. so4��E� slasle� TH '�d�� 7 fio Osaorf�e Raad; tf�ence vr:�st alons Os'�orn� Rc�aci to �as� Riv�r Road �o poi �� of be�� r�ni nc�e � � , LJ ' ' ' ' 7he area pro�os�d ta br asspssad for• sai c3 im�ro�^��r�ts and eact� oi 9:'r��':7 i s aS 1 t�-sa L 1 and b-: n4 i i te:�! �y s�i d i m� r�v.�m�n� s or each of fa�ern �nd 1 y�i �g v,� thi n the general a�ea af th� aboue not:.c� hoc�ndaries. Sai d i mprov�me�ts wi i t be ass�sse� a�ai ns� th�� ra;�erti es uri tFt� r� �h� a�ovt rtoted �reas i n vr`�oi e ar i n p�€-t pr��c��°�i cnattl y ta eac� crf th� t ands t�zer�ei r� coniai ned �ccordi �g to the aene �� t� r°ecei ved. DA7En TNI S �� bAY Q� ��w�_� --- _, i 97�+, BY 02D�R 0� TNE CITY GUiJh�CIL OF T;iE CITY OF' FRID�.EY. �MAYOr Frank G. Li ek�i AT'i�ST: � CI7Y GLERY Marvsn C. Brunsell 14C � � ' . ' RE SOLIITI 0N td0. � -� 97� RcSO1.UlI0�i DIR�CTIt'!G f'FtEPARATTOP! OF f2E/CSSESS�Sc�t1' ROLL FOR S'ipP,i`1 SE�n'�R If�IPRaVE- t�IENT PRO.SECi fIO� i02 ' 8£ I.T RESO�.V�U b; the Ci ty Caunci t o�' thv Ci ty of Fri cit cy, Arto'�a Gounty, 11i nne- , sota, as foila�ts� i« It i s f�eret�y dcteri�i ned that the assessab� e eost of cot�sfirL�r�i v« �vi t.h res�Gct ta the fo� 1 o�ri n; r°��mzd , . 1fTiiJiOVE�;Si:.'Yl�� Ca�M1i �: . R�r'�SS�SS;�t��d'i' FOR STO�tP1 S�'1�?�R It�tf''r20Uc`"P1�N�E' i'itOJ�Ci t��Qa in2 ' inc�ud�r�g �i1 incid�n�at expenses therc�a, is est�mated a� $34t��72. � �5 . ' 2. The Ci ty f�1ar��ur wri f:h ihe assi sfartce of th� Ci f;y Ci erk shai 1 i arthGri t� c�.lc�� ate f:f�a �ro��r �me�ti�r��s fo b� ' s��cq a1 � y a�s�.s�f: d fiar s«i d�n,�raver:�ci� ac��i r�st ev�ry ass�ss��te ��tr piecn, a� p�t°cel a�` �f+rtd E��;n�t�it�ci by � sai d i m�ra�je�r,�n� accar�di ng to 1 awe ' _ PASSFD ATaD ADOPiEU 6Y T�iE CI1"Y COJ�t�IL OF ili� CIiY OF' FRICt,.L-'i� TFi�S ' �� Ij�.�..,._ DAY tSF ��rx�.,� ...._...�..�......W_.s 197� o � . .. , � ATiEST: 1 . ' ' � , ' CITY C�.ERK � Marvi n C� Cirun_ �:;1'1 t�Al101; FraE�k G. k.i eb€ 14 D 1 ' , '. ' , ' ' R�so�_urrorj r;od �r �_,____ — 197�► A RFSOI.UTIO�� DIR�Ci'If�1G PU�IE.TCAiIQ�d 0�= h;cARIP�G OiJ PROPOS�D �2��SS�SS�4�ElT ROLL FQR STOR?�f S�Wc"R Tti�'ROVEt1E?�T PROJEC'f tJO, i�2 t�ltiCR"l�S, f�y a resol�ttion �ass�d !�y tF�� Coirnc� 1 e�r� s the Ci iy- Ci erk ��as ui e�c�c�ud ta �rupare a pr-o�osed r°��assessrr;r.;n� a� th:° cas a s'�orm s�.vrEr. . WH�f;�AS,� the Ci e:rk rt�s r,er��i �i Ecf �5�� Cuuc�c� � tf1�� sF.�ct� �r��c� ye:i G�sssssrrt::.nt rat t has b��n c�mp� e �ec� ar�d ti � ed i n hi s ai j i e-r. far p�b� i c i nsp�c� i c�nd Ei0'�l, 1"IitRc�'OR�, C3� IT R�SQLtrc"D by �}t� �i �y Caurrci 1��F ti�� Ci ty a� �riuiey� �lnoka County, P�ti Mr.�se'ca, as faI � o:Ars: � 1. The Ci �y G�ur�ei � sha� � rn�et ati the Ci ty Ha� t i�'�fz� �i ty a� r- r; a� ��, l�:-��'{a Cc�c�r►�y, i�(i n��sc�a,, an t{�� -- _.... _.. d � y' ° � - _-_.__._... ,_ � � 9 % �: aY Jz3U f'6f�1b �o p�ss up�n 4i-i�.• pr��:�os::cf��assesss�,Ur�f: fdr Rr".�1SSi;SSM��i FG�i2 Si"OFM SCS•��R Ib9F'RQU`.:i�tEPIT PRG.t�CT tt�. iQ2 2 b Th� Ci �y flae�ac�er sl�zi 1��h� i�h r�r�ti ces af th^ tim� ?nd � p1 ac� ca� m�;��y ne� � n�h� c�f ri ci a� n€��spaper @f the Ci ty at ��a�t ��rn �2 } s�rteks pr i or to stach m,�e�i ng. . , Pt�SSE(J AP•iD ADdPiCb �`� �`t-!E GITY COUiICIL QF i`HE GITY 0� FfiIC1€.�Y �H�S �- DAY 0� � ��J�-!'�s 197�+. , �y v , ' � ATi�ST: , ' , ' ' �J CITY CLtRK Marvi n Ca B�-ur�sel l d f1AY0R ��rank Ga li e6� 14E r ' I , ' '. ' ' ' � , , i ' 14 F EXTRACT 0� MINUT�S OF htEETING OF TNE CY7Y COUh.CIL �cLn _, t97�+, A7' 7:30 0'LLUCK P�l�1�, A7 TNE CI7'Y Ftl�i,�.r CITY 0� FRID�,FY� MzJ�tt'cSOiA Pursuant to du� ca11 �r�d notice thercaf, a sr�cial rr�=�eting of the City Councii of tiI1P. C7Cy or" Fridiey, Minnssata, 4l3a CIU�y Ft�id at tFrt� Ci�y ��!ait lt1 5�3iCJ Ci�y on tlon%;ay� th� _____ aay o� _..,_ �� 97��s a� 7:3Q a°c�ock P�,Pfd Th� foi lowi r�g m�mb�rs i�r�rc present: and th2 f0[�O��ir�g �v�re abseni: n % ii 'sY �: J, . The C1er�C arrrrouiieec! �i�t�i fh� prat�c�sed ass�ssm:.xt�t �or fd�ASS;:S:P��E�T t?; S70f;,t SCb��it Tt�i'FiOV�±^tE�f�' �!"tn.J:C'6' f�f�� F42 h�3d be�n i 7� 2fi 4 n hi s e,°� r f c�_� e�rz tlt�� cf� y or �,, 19 J�af ar�c� tl�ai r�crfi ce o� a h�ari ny c�rt sGi d asst�s.-s��n� tQ k�� f�� a��{�c� nrtQ��irtc� c�� e Cu��t�f � ar�t tiz� d�� o� �$ �9%��hac€ �,�c=�-� gi v�r� i n t��4 fou-in unc� ;:t3,-�r��r as p€°o�i ci�� f�y 1��i�rs �t�i�� C� ;;F°t� ��-c��=er�ecl an a�r�Fi cfavY �.s�r�:��i ng �ua � i c�t� r��t o� s�.�c4Z ��c� 4 i ce � r� �h� afii'� ci �� 1 rrc�-�s�a��FT, E�rni ctt af�i davi t t�tas cxan�i r��! ar�c� fiour�ci sa�z sfactary artei oe-cs�rec! pi ae�cf c�re f i�e. The ►�tayo� ar�€�.7unrc}� ��a� fi�e m��>��i-cg Yr�-�s Q;�� 'Qr ccrr�s•ic{�.�ra�ic�n e�Y e�t�j�ct�ions to xhe assessrte�� hsrc��Ufic�re i� �P�i t�fi if� tii�t� Ci i� Cterl. �ot• RL-ASSESSt-tGhi�" OF' STO?;�► SEI��R IFtt'�'20VCt�i�:�!"� f'RO�i�CT PdOP �02 The C�erk re�e,r�ec, that ��rotten ak�j�ct�as� had E�4�r� �i��d I�y the fo�tc,��ir�� pnrsorss aff�c�i►�c� �he �o�ia�rir�y c�GSC�ibed 4e��s;, pieces,, oF{ �aaree�s o� �andg �o-s+r��: P�Ali� ar" OF3�l�CTOR Dc"SCR�+'T�Q�t AE�.I �:�TI tii! 7i�e fa� Ycs•�i r�g pers��°ts W,-r.re then h�ard ar�d p, �sented thei r abj�c�ions ta sai d assessnzent: P�AA1E OF 0�?.! �C � OR O�SC12T prIO�J OBJ�CTI O�t � After due consideration of a1i said objectianss CounciYman . introduced the fot�owing resolu�ion �nd mnved its adc��tion: ' � ' �-�7� RESOLUTION NO. � ' A RESOLUTION ADOPTING AN EQUAL EMPLOYMENT OPPORTUNITY PROGRAM WHEREAS, the City Council of the City of Fridley endorses the principle of equal employment opportunity; and WHEREAS, the City Council desires to reaffirm its lonqstanding commitment to equal employment opportunity; and WHEREAS, the City Council recognizes that mere good intent and the lack of overt discriminatory practices does not assure equal opportunity in employment; and �J WHEREAS, the City Council desires to establish a positive, result orientated equa]� employment opportunity program; NOW, THEREFORE, BE IT RESOLVED, that the City Council declares tYiat it is the policy and intent of the City of Fridley to provide equality of opportunity in employment to all persons and to prohibit discrimination because of race, color, religion, national origin, place of residence, political affiliation, disability, marital status, status with regard to public assistance, sex, or age in all aspects of the City's personnel policies, programs, and practices. ADOP'I'ED BY THE FRIDLEY CITY COUNCIL THIS U�`'� DAY OF , 1974. ATTEST: MARVIN C. BRUNSELL, CITY CLERK , ' ' FRANK G. LIEBL, MAYOR �a �� .1�Ty _ � � 16 /g��. �� -e�� c��z�-'za� -�- 2'� `"�� = f� l9��'4=�-��'G�Cc� J � �� G �l�� O ��-��" � ' -.��f� '�--'s=!-�t'�"-zt�' '�6'�-' � (� J �Q,,�j'/% � � �"i� . e L' G�-G4c�'� �� %%�y%�-L,� c�.,:� �-c > . _ :� z% �../1 t'.� ��v ��' j ti.�� " � ' (, % �'�° /, °--�i�^r�i`1Z:%'e'�L �<c.�,_'-f:cf _ �"=:>-� _ � 1%'.il :L�``�r-�C�_...� c•.��-�-G! c'fJ`"_i�-c2-- � �� f . k��--4.iG t' '�' �� I - . /' 2 `-'� G�Z�.�-i'�,-�Z."2�4"�/Z. ! � ,' � �,�i'C� � � , � � ; � � ,, i � F. � . / .� ` � / I I��ay 28, 1974 485�7-7th St. N.E. �'ridley, ��n 55�432 Frank G. :�iebl, L��yor 22� :��reurq i3ri�8 �'ridley, b:n 55�32 Dear T�ayor i.�.eb1; �lea�e accept my resignatiax� a� �. m�inber on the En�rironmental �uality Com;ni.s�ion. �.�hank You. Sinaerely yours, .�'�-�� "�-� z� � �_, f �-�� - '_ ��t�L r.... �. / �� I � � i� Shirley Kennedy ' � APPOINTMENTS FOR CITY CQUNCIL CONSENT AND APPROVAL - JUNE 3, 1974 ' . NAME POSITION SALARY EFFECTIVE DATE REPLACES ' Elsie K. Hanscom Special Assessment $550 June_3, 197l+ Sue Coyle 6000 Stinson Blvd. Clerk Per Month ' Eridley, Minn. 55432 Finance Department Judith L. Welch Clerk Typist/ �498 June 17, 197/� Beborah Huri ' 11�1� Longfellow N.E. Accounting Clerk Per Month Fric�l�y, Minn. 55432 Finance Department '. , � . ' ' . ' ' . ' ' ' . ' � , ' � • ' , ' • ..... ,�...,.• _ . .. . CONTR�ICTOR'S LICENSES TO BE APPROVED BY COUNCIL AT THEIR REGULAR MEETING ON �TUNE 3, 1974 (ALL HAVE A$25.00 FEE) APPROVED BY EXCAVATING • Waalen & Sabby, Inc. • lk Street N E • � 9082 Po . . W 1 C. Belisle RENEWAL Minneapolis, Minn. 55434 By: 3ames aa en. GENERAL CONTRACTOR Bill's Millwork � �4 Walnut Street Savage, Minnesota 55378 By: Wm. Norton C.,Belisle Ernie's Repair & Remodeling Co.• 605 - 59th Avenue Nozth I�tinneapolis, Minn. 55430 By: Ernie Mithun C..Belisle Richard Hastings Co. 633I Riverview Ter_race N.E. ' Fridley, Minnesota 55432 By: Richard Hastings C. Belisle Sheehy Construction Company . � Box 3570 St. Paul, Minn. 55165 By: J. L. Trucker C. Belisle HEATING Modern Heating & Air Cond. Inc. 2318 First Street N.E. Minneapolis, Minn. 55418 By: Richard Peausse W. Sandin Temperature Control, Inc. 819 Hubbard Avenue _ 5t. Paul, Minn. 55104 By: Harland Potter W. Sandin MASONRY Concrete Curb Company . Route 1 Savage, Minn. 55378 By: G. Strasburg C. BeZisle PUBLIC SWIMMING POOLS Timothy M. Eide • � Drovers Bank�Building So. St. Pclul.o Minn. 55075 At: 6680 Lucia Lane S. Olson Harold D. Morrow Cty. Tk. MM, Rt. 4, Box 28 River Falls, Wisconsin 5.4022 At: 5430 - 7th Street 5. Olson Rustic Oaks ' 1200 - 72nd Avenue N.E. Fridley, Minnesota 55432 At: 1200 - 72nd Avenue N.E. 5. Olson J & J Management 6507 Camden Avenue N. • ,� Brooklyn Center, Minn. �ti`=�, 1050-52nd Avenue S. Olson NEW N�W RENEWAL NEW NEW NEW NEW LIST OF LICE"�SES TO E�E F�,PP!'.�I�E� [iY THE CITY COU"lCIL /IT THE P�EETIN� �F JUPIE 3, 197� � A TYPE OF LICENSES EP1PLOYEE DISPEf1SI�� - ME!1 t1arvin L. �a�ch 4434 Portland �.ve�ue � �1inneapolis 55407 Kathrvn E. �rav 4907 �1adi son Streei Dean l•1. Palm 4921 �th Street (RE�dEl1.Al.S) Laure1 R. Potvers 972� 3rd Street Plinneaoolis 55434 peborah A. Ravmond 1200 72nd E�.venue ��303 Jacqu�lvn R. Scht�tartzi;iald 537 Rice Creek T�.�rrace FOOD ESTABLISH"9ENT FP1C Corporati on 48th & flarsha7l Street Papny's Foods 7879 Qeech Street Stav's Sunerette 64II3 Universit�� /!venue 6Y �round !'ound �round ",ound Ground !',ounc! �round �ound �round !?ound �round Round Canteen Corporation Jacic �. !�!oods !?ohert Stavanau APPROVEJ GY FEE Public Safetv Director $ 5.00 Pub1 i c Safetv Di rector Public Safety Director Public S�fetv nirector 5.00 5.00 5.00 Pu��ic Safetv Director 5,00 Pub� i c Safet�� Qi rec�or Flealth Insnector Hea1th Znsnector Health Inspector VE�lDI�1G P1ACHINE Bociy Shoune Sauna Shirley Cinham Health Insnector 6379 Universitv Avenue � Da,y Company � AP,/� Food Services Co. Health Insnector 500 73rd Avenue � Do�,rnin� aox ARA Food Services Co. Hea1th Insnector 5�51 Eas� f'i ver i?oad . . � F�"C Corpor�tion Canteen Cor�nan�� of �9inn, Inc+ Health Insnector 48th & P1arsllal1 Street � Preclsion Sheet P1eta1 ARA Food Services Co. Hea1th Insnector 5250 P1ai n Str�et . Continued (11 5.00 2•5 . 00 25.OQ 25.00 15,00 90.00 : �� 605.00 45.00 TYPE �F LICEPlSES - !?EPIEI!P.LS RY APP�'0!�ED QY FEE CIGARETTE pay Comnanv ARA Food Services Co. Public Safetv �irector $ 12.00 500 73rd dlvenue � Do��rni ng Qox ARi� Food Servi ces Co. Pub1 i c Safet,y �i rector 12.00 5851 East River Road Ff9C Corporati on Canteen Comnanv o� P1i nn , Inc. Pu[�1 i c Safetv Di rector 72.00 48th � f1arshal1 Stree�t � Precisi�n Sheet �1eta1 liRA Food Services Co. Pub1ic Safet,y Qirector 12.OQ 5250 flai n Streei St�v's.Superette !;obert Stavanau Public Safetv Director 12.00 6483 Universit,y Avenue � OFF SALE QEER Stav's Sunerette 6483 Uni vers i t,y A,venue GU�! CLU3 FP�C Corporation 48th & t�arshall Street LIVESTOCK -- NEt�! Leonard A. �9oore, Jr. 83Q1 Pivervie�� Terrace SUNDAY LI�U�R Shorel�rood Inn 67 61 Hi gh�,�ay 65 6ILLIARDS - NEI�I Ole Piper Inn 620 Osborne Road Robert Stavanau l�lilliam A. Nicl:1or! Public Safetv DireGtor 15.00 Pub1 i c Safet�� Di rector 3.00 Health Znsnector 5.00 Pub1ic Safet�r Director 200.00 Benson Candy & Tobacco Co Public Safety Director 25,00 �� R,s"'�"�.'."}Y' . ESTIMATES FOR CITY COUNCIL CONSIDERATION - REGULAR MEETING, JUNE 3, 1974 H & S Asphalt Company 5400 Industry Avenue N. W. Anoka, Minnesota 55303 PARTIAL ESTIMATE #1 1974-1 Street Improvement Project 1974-2 Street Improvement Project $56,988.09 $21,460.14 $78,448.23 A.J. Chromy Construction Company 5051 Wes� 215th Street Lakeville, Minnesota 55044 and . Western Casualty & Surety Company PARTIAL ESTIMA'I�E #6 for Sanitary Sewer, Water ancl Storm Sewer Improvement Project No. 114 { $ 78,448.23 $ 10,253.70 � � ' � ' Mr. R. Dean�Caldwell ' 5874 Hackmann Avenue Fridley, Mznnesota 55432 � � L� ' ' � City Council Ciiy of Fridley 6�31 University �Fridley, Minn. Sirs: Avenue N.E. 55421 May 28, 197� : � At a regular meeting of the Fridley D.F.L. Club held on Thursday, May 23, 197�, the club received a report on the consideration by the Fridley Planning Commission of a National Guard Armory to be construc�ed in Fridley. After earnest deliberation by the club, the following resolutions were unanimously approved: 1. BE IT RESOLVED that we express our dismay and chagrin to the Fridley Planning Commission for their hasty action, which prevented a meaningful and adequate contributior� by � the Fridley DFL Club to the delibera�ions on this issue. ' 2. WHERE�S that part of the cost of the proposed National Guard Armory which the people of Fridley must pay is in- definite and seems to grow as discussion proceeds, and WHEREAS the supposed benefits to be derived from the armory appear somewhat doubtful, THEREFORE BE IT RESOLVED that the Fridley DFL Club�go on record as opposing the construction of a National Guard armory in Fridley, and BE IT FURTHER RESOLVED that the Fridley City Council be so informed. We submit these resolutians for your contemplation in the hope tha'� such input will assist you in evaluating the advisability of such a program of construction. "- Ve,ry � ly ours, /� ��/� � ��CC c .--- _ l i��`Z l.Z � -R. Dean Caldwe�I Chairman, �'ridley DFL Club , ,��TE � �i ` ��t[ W � F �l, �1.�"�n S=ti \i \ / �".��... � �F 1"�\ I � � � '�= . �� '� �c � �'Nr:s� �ENDE'sLL R. ANDERSON GOVERIIOR ' � S'1`.A�l`E OF �ZII�TNESOT�1 OF19CE OF 'DI7E CiOVLI2NOR sT. z��ur. � �i�5 May 22, 1974 l..`� � .r ' Mr. Nasim Qureshi . City Manager , , City of Fridley 6431 University Avenue Northeast FridZey, Minnesota 55432 • ' Dear Mr. Qureshi: � 'l�hank you for your letter and attached resolution ' recommending Andrew Kohlan and Deal Caldwell to the Metxopolitan . Council�; Joseph A. Craig to the Metropolitan Waste Control Commission; and, Bruce Nawrocki to the Metropolitan Transit I Commis s i.on . . 1 I app reciate your taking the time to write and you can be sure that I will give them every consideration. ' With warmest regards. � ' . WRA /sm � ' I , . . � , a�Q� L� 55 Sincerely, � � t �'` Wendell R. Anderson 0 C� � � �i �l � Y ��i. �/ � �? I [� L �Y �JQYG �� BOX 32004 o FRIDLEY, MINNESOTA 55432 r� y 23, 1974 City Council CitS= r�i Fri•�1ey 61�3�. Un'iversity �vemze V.E. Fridleyy r�in. 55?�3"� , Gentlemen: ' i ' � � , � , , , � � This year as in the past, the rridley Ja��cees will be sponsorin� a carnival as a Faa�s and means project. This .years carnival wi11 be held during rridl.ey's Silver Jubilee Celebrati�n, thus the da�es are June 1.7 � 23.� The carnival i�ill be the same snoca that wP have c�ntracted with the p�st se�reraZ years, tiJilliam D. Stanl�y Sho�rs� �ot Sprin�;s, Arkansas. The site for this years carnival wiZl �e on land o��rned b,y the �urlinhton iv'orthern �ai3xoad. The land is lflcated east �f the Frat�.ta�e Rnad �n the �as�t side of :�tast River Rcad near the �dickes Furniture Store, As in the past we will be running a beer tent as an additional mean.s of incom�. i�Te also plan on 5�llinn a f�fld iter� at th� b�er tent. �rJ� respectf�.illy ask that the City Ccuncil ;,rant us a license to se11 beer and food and that the fees for these licensee be waived. We were recently contacted �� P�'1r. Duane Prairi.e, Chairman of the Comm.znity Dancep This dance wil.l be hEld a+ th° �r�ickes parki��; lot �n : atu.rday, June 22 as a part of the Jubilee Celebration. :![r. Frairie asked if_ the Ja,rcees would sell beer at the dance. The�°efore, we w�uld like per�nission to sell b�er at this activity also and ask that the fee for this licen�e also Y�e waived. �rde will be securin� a liquor �.iability policy f or these events thrauoh the ?'�iarsh and I2cClennan insurance agency i.n T7inneap�lis, For the carnival, we als� will be carryinr; the follo,ain� i.nsurance: a one million dollar liability policy throu �h the �1m. D. Stanley Shotias, and a>300, 000 liGbility policy with a f.ive milli�n dollar u�:brel?a thr�ugh the Minnesflta Jaycees. The carnival, G1m. D. Stanley Shotias, will work out the arran�em.ents with the police department c7ncerni.n; security at the carnivale This they have done in the past and pay the city directiv for i1�F service. Thank ��u very much for considerin� the ab�ve reques�s. Sincerel� `� 2 -* �� y�% � Richard � . Youn�; � Presi.dent "Leadership Trair�ing Through Cammunity Development" ' 1 ' ' Betore the FEDERAL COMMUNICATIONS COMMISSZON Washington, D. C. 20554 In re Application of ) ) GENERAL TELEVISION OF MINNESOTA, INC, ) CAC-1722 Fridley, Minnesota ) MN077 ) For Certificate of Compliance ) MEMORANDUM OPINION AND ORDER �'CC 7�' -5? � �1770 ' Adopted: May 22, 197� Released: �y 29, 1471i �3y the Commission: Commissioner Quello not participating ' ' ' 1 1 ' ' 1 ' ' ' ' � � 1. General Television of Minnesota, Inc., has filed an ap- plication for a certificate of compiiance to begin cable television servzce at Fridley, Minnesota (population 29,233), a community located with�n the Minneapolis-St. Paul, Minnesota, major television market (��L3). Proposed signal carriage cansists of the following: KMSP-TV KSTP-TV KTCA-Z'V KTCI-TV WCCO-TV WTCN-TV K�MA-TV WVTV WGN-T� (ABC, tNBC, (Educ., (Educ., (CBS, (Ind., (Ind., (Ind., (Ind., Channal 9) Channel S) Channel 2) Channel li) Channel 4) Channel 11) ChanneL 23) CEtanne 1 18 ) Channel 9) St. Paul, Minnesota St. Pau1, Minnesota St. Paul, Minnesota St. Paul, Minnesota Minneapolis, Minnesota Minneapolis, Minnesata Minneapolis, Minnesota Milwaukee, Wisconsin Chicago, ILlinois lfiis carriage is consistent with Section 76.61 of the Commissiort's Rules. The appiicant proposes to construct a thirty channel system with the capacity for two way communications, to provide public, educational, and iocal government access channels, and ottxerwise to comply with Section 76.251 of tk►e Commission's Rules. On December 27, 1973, General. Television amended its application to deZete WVTV, Milwaukee, Wisconsin, and add CBWT, Winnipeg, Manitoba, Canada. On February 4, 1974, this amendment was opposed by Hubbard Broadcasting, Inc. On April 29, 1974, General Televxsion with- drew its amendment, thereby mooting the objection o u ar roa cas ing. Accordingly, the "Objection of Hubbard Sroadcasting, Tnc., Pursuant to Section 76.27" wi11 be dismissed as moat. F; r-� 2. The f ranchise submitted by the anplicant,�became effective November 23, 1972, and was amended effective September 13, I973. Consequently, fu11 comp?xance with the franchise stan ar s o ec�`�iiori �i.�'I"'of�Eie Ru1es is require�"i --- .�_.�.�...�..�...�v.�.._.�,._. .,__ __ We note that the requirements of Section 7�.31Ca�'�have �been �metV:�'��H'owever, insofar as this franchise provides for an annual fee in excess of three �e.r- cent of gross subscriber revenues,l/ pursuant to Section 76.3?(b) the re�so"- ableness of such a fee must be established. In support of t'.�e reasonableness of the franchise fee, General Television notes 1/ 'T'he proposed franchise fee is five perc�nt of gross subscriher revenues, plus an acceptance fee of $25,000• � � , , � , ' ' ' �� ' , 2 Fridley's extensive su,pervi.sory pro�ram which includes an ad-_ visory commission charged with overseeing the development of cable services, and asserts tl�iat this strong community interest and participation wi11 benefit and promote the usage of cable services con- sistent with the Commission's policies. The City of Fridley, as local regulator and franchisor, has provided this Commission with a detailed regulato ry program for cable television services in the community. The program includes a local Cable Television Commission to advise and assist �he City of Fridley upon all ma.tters affecting the local cable te'evision system.?�Additionally, by-laws have been prepared and enacted. The sum o£ $20,250 has been budgeted for the yeariy opezation of the c�.b1e c ommis- sion, including an hourly breakdown for personnel services, projection of consulting services, and other related expenses such as eommunications, printing and publications, traveL and conferences, office supplies, and capital outlay. Over the ten year term of the £ranchise, i£ costs and projections remain constant, the proposed expenditures by the City of Frzdley will be approximately $202,500. In addition to this sum, the City of Fridley indicates, by itemized list, pre-operational expenses in-� curred *hus far in excess of $15,000. T'his amount includes funds expended. in the franchisa.ng process, both before and after the award of the fran- chise to General. Television, and certain non-recurring '"start-up" type expenses. The City o� Fridley also indicates that there wili be certain other pre-operational expenses whi.ch will, in all likelihood, consume the rema.inder of the acceptance fee paid by General Televisian. Total expenditures incurred and expected to be incurreci by the City of Fridley over the term of the franchise will be in excess of $225,000. General Television has provided a ten year projection of its gross sub- scriber revenues and resultant £ranchise fee payments. It is predicted that the fra.nchise fee wili�enerate $3,500 for the City of Fr.idley zn the first year, and rise to $17,500 annually by the tenth year. Total fran- chise fee revenues tothe City of Fridley are projected to be $126,875. That amount added to the $25,000 acceptance fee equals a sum of $151,$75 � or substantially less than the projected Cost to Fridley .._� - ._____ _..._ _______.__,______�_.._.._.�.______.�.___n_..._.__.___�__. for�its regulatory�,program. ' 3. We find the above fee arrangement to be acceptable under the current regulatory framework, in view of the detailed,_extensive show- ing made by the City of Fridley and Generai Television. In Hawkeye Cahfe- vision, Tnc., FCC 74-434, FCC 2d �(1974), we accepted a similar ' shotaing from the franchisor. and the franchisee demonstrating the reason- ableness o:E a fee of five percent of gross subscriber revenues. The showing in the instant case has been as detailed and well documented. In ' the Clarification of Cable Television Rules and Not�,ce of Proposed Rule Making and lnquiry, FCC 74-384, 39 Fed. Reg. 14,288 (1974), at paragraph 107 we indicated that franchisors will be permitted,upon a proper showing, to ' recover, in addition to annual regulatory costs, the actual expenses ineurred in the granting of the franchise.In this instance the acceptance fee has been futly justified by a cteta�iled'expl.anation of the costs. How- ' ever, we cautzon tt�at we will not sanctic�n'excess5.ve fees in this area and willcaatch such char�es for any evidence of abuse. L� � �! We ].00k forward to recei vin�; iroir C;eneral Televis.i_an tl�e name c;f t'..�e <�1=�icial :r� char�;e �>f I'ridley's re�ulatc�ry prc�grain 8c� that �,�e may assist '-iim in any way pc�ssihle. 3 In view of the foregoing, the Commission finds that a grant bf the above-captioned applicatian would be consistent with the pub?ic interest. Accordingly, IT IS ORDERED, That the ''Objection of Hubbard Broadcasting, Inc., P ursuantto Section 76.27" IS DISMISSED as moot. IT IS FURTHER ORDERED, That the "Application £or Certificate of Compliance" (GAC-1722), filed by General Television of Minnesota, Inc., IS GRANTED, and an appropriate certificate of compliance wili be issued. FEDERAL C70MMi�iIUNICATIONS COMMISSION Vineent J. Mullins Secre�ary � LJ � � � � ALAFib4S FIRE DEPARTA4ENT REPORT FOR MARCH _1974 Total alarms for March 1974 ..... 48 Total alarms for I�iarch 1973 ..... 41 Increase in alarms for March 1974 .. .. 7 Tota? alarms 1974 through I�4arch 31st. ..... 95 Tota1 alarms 1973 through Alarch 31st. ..... 91 Increase in alarms through hiarch 31st .... 4 Autos�$ Trucks I �Hous es � Mobile Iiomes Commercial 'Industrial lst Aid �, Rescue Faulty Alarms 'Watexflow Alarms. ' Multiple Dwellings� Honest �4istakes �Railroad Car Hospital Mutual Aid Grass ,hiisc. False. Smoke in House 'Garage Fire 0ut Appliances � Total . . . . . , � IJ ' , ' , ' 6 2 0 0 3 8 z 2 1 9 1 1 1 2 48 TYPES OF ALARt�IS General Alarms 43 Avera�e Response 22.13 Compan� Alarms 1 Average ResponsP 13 Still Alarms �.4 Average Response 4 Fire losses for the month of March amounted to approximately $37,000.00. The lar�est loss was in a fire was at 2b2-57th glace, one unit of a multiple dwe�ling was heavily damaged. The loss amounted to ��,000.00 damage to the structure, and $2,500.00 1_oss to personal property. A woman resident received burns and was taken to the hospital. The second largest loss was a�house fire at 6336 Pierce St. N.E Damage to the structure amounted to �8,000.00. Damage to the personal property amounted to $8,0OO.OQ. A Mobile home in Hilltop was destroyed by fire and the loss amounted to $5,700.00. The.home was not occupied. Three firefighters were injured in this fire, none of them seriously. Engine 7 was involved in accident while responding to a Faulty Alarm at Mid Continent Engineering at 80-44th Ave. N.E. Captain Ot�em was taken to the hospital, checked over and released. The driver of the automobile was taken to hospital treated and released. � The re;u,lar business meeting of the department was held March 7th with 32 members in attendance. Three Department Drills were held with an average attendance of 33.33 men. 30 children and 6 adults toured the fire station. MEETINGS ATTENDEI�: 2 Legislative Nteetings Union Negotiations Chamber of Commerce Deposi.tion on droltimding , Metro Paid Fire Chiefs � North Suburban Nlutual Aid Respectfully Submitted, � � Robert S. Fiug ies Chief ' .' 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' : �i ro a a �o � a a - � � � r� �n ,--� � ' o tIl �'. v1 .-� �7' �' r� M t--� r-1 �/T ~ �� Vl O O M N M rn v� .-1 N r-i O r� .-1 . •.� O O • �.Y �t �7 �Y' �7 �7 �7 �7 • W t� t� � t� r� r� t� ^ , ` � � � � � � � :r _ � � �O �O n o0 00 O p N N N N N N N M i � � \ � � � � � , (�'� . M C�l C'? M M <'1 M , . � ' � . ' FIRE PREVENTION BUR�A� �ummary of Activities � • r, This rionth uildings Inspected 50 e-Inspections 29 �nspections other than 29 Build ings �urning Permits Re_quested 0 , By Inspector 0 ' By Others 0 � pecial Permits � �Q � � ccupancy Permits 5 �otal . II3 Orders Issued . � �3 'Orders Completed . 19 'Illegal Equipment 12 Written Warnings 53 �Verbal Waznings � 16 Complaints 2 'Fire Investigations . 5 'Extra Activities ; � First Aid classes for City employees 'Adult Education Class in First Aid Attended Arson Seminar, Fire Brigade at La riaur� • Plan reviews ' ' � • ' , � • ' . 0 Tl:is Month Last Year 20 4 4 2 0 0 0 0 30 0 4 0 5 15 2 0 March�1974 Total 153 172 53 0 0 0 0 7 385 120 129 56 120 48 3 13 . � ' • . � rms Summar} of Fire AIa ' , ' Residential Non-Residential ' Com�-nercial Industrial ' Grass & Brush � ' lst Aid & Rescue I Auto b Truck i � False � ' Honest rlistake I . Miscellaneous ' Storage � . ' Mutual Aid � Hilltop ' Total Response 1 .� Death & Injurles . . Firemen � Civilians �' I,osses for month of Ma.rch ' . , Losses to Date � •. I , FIRE PREVliNTION EUF�AU This rionth 2 1 1 �1 7 1 6 1 13 11 1 . 1 2 48 �. 48 Alarms 43 General Alarms 4 St31Z Alarms 1 Company Alarms . Injuries 3 1 Buildings $21,500.OQ� $23,580.00 This rionth Last Year 4 0 0 1 . 7 3 5 0 4 13 i 2 1 . 41 981 men 952 men men men Deaths 0 0 • � Conterits $11,525.00 $15,422.00 �March 1974 Total 3 1 � 2� 2 � . 3 I3 Z 27 30 2 2 2 . 95 22.1+/men call 4 /men call 13 /men ca11 Total for Year 4 �1 • . �utos & Trucks $3,000.00 $3,200.00 Other -0- -0-