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12/02/0974 - 5769PATRICIA RANSTROM COUNCIL SECRETARY REGULAR COUNCIL MEETING DECEMBER 2, 1974 FRIDLEY CITY COU�VCIL AGEUDA - REGULAR MEETING - DECEMBER 2, 1974 7:31 PLEl�GE OF aLLEGIAIVCE: Given I iVVOCAT I 0►V : KOLL CALL: APPROVtiL OF f� I fVUTES : by Mayor Pro Tem Utter Mayor Liebl absent REGU�AR MEETING, I�OVEMBER Ig, 1974 Adopted as presented. t�i�OPT I OfV OF AGEi�1�A : Additions: f:esolution adopting grade of Mississippi Street Consideration of additional liquor license applications. VISITORS: COfVSIDERATION OF ITEMS NOT ON AGENDA — 15 MINUTES Wyman Smith: Requested estimate of time before #18 would be considered. OLi� BUS I idESS : CONSIDERATION OF A VARIANCE TO REDUCE MINIMUM LOT ARtA, BY I�IORTH METRO CONSTRUCTION, INC., FOR ZOO ELY STREET y�E. iLOTS 25 AND Z6, BLOCK 11, SPRING BROOK PARK NDDITION)�TABLED 10-21-74 aNn 11-18-74)� �.��. 1� 1 � iabled until December 9, 1974. � � 1 1 � � REGULAR r�ittTIldG, �ECEMBER 2, 1974 OLI� BUSIi�ESS (COfVTINUED) PAGE 2 SECOND READING OF AN ORDINANCE ABOLISHING THE OFFICE OF CHIEF OF POLICE� . � � � � � � � � � � � � � � � Z Ordinance #575,�opted and publication ordered. �..»�;�..�.,.�-- _ CONSIDERATION OF FIRST READING OF AN ORDINANCE FOR REZOPdING REauEST Z0A #74-04, BY HENRY F� MUHICH, To REZONE LoTS 11 — 21 AR�D LoTS 18 - 35, B�ocK 4, SPRING BROOK PARK ADDITION, FROM M-1 TO R-1; GENERALLY LOCATED BETWEEN 79TH WAY AND LONGFEL�OW STREET AND ASHTON AVENUE AND THE RAILROAD TRACKS� �.�� First �eading Adopted. 3-3A � CGNSIDERATION OF FIRST READING OF AN URDINANGE , FOR VACATIQN REQUEST SAV #74-04, BY �ERRY GUIMONT, OF A PORTION OF UTILITY EASEMENT, GENERALLY LOCATED ' ' AT 6551 2ND STREET I�ORTHEAST. � � � � � � � � � � . � � � 4 — 4 a First Reading Adopted. �� ' � ' ' r��GULAR M�ETII��G, DECEMBER 2, 1974 �dEW �US I NESS ; CONSIDERATION OF A REQUEST FOR APPROVAL TO TELEVISE FRIDLEY CITY COUNCIL MEETINGS LIVE� REQUEST BY GENERAL TELEVISI�N, INC� OF FRIDLEY, .�,.� Approved. PAG E 3 5-5A i�ECEIVING Ti-iE MINUTES OF THE PLANNING COMMISSION i`�EET I NG OF I�OVEMBER 6, 1974. . . � . � � � � � . � � � . ' � 6 — 6 L Received. RECEIVING TNE �IINUTES OF THE PLANNING COMMISSION I��EET I NG OF I1�OVEMBER 2�, 1974 � . � . . . � , . � � � , . . % — % M 1. La-r SPLIT L.S.#74-16, 4565 3RD STREET, GORDON R� PETERSON Tabled. ' � Z� PROPOSED PRELIMINARY PLAT, ZANDER�S IST ,, ADDITION, P�S� #%�4-06, DAILEY HOMES, INC. Public Hearing set for January 13, 1974. , � � 3. Qiscussion on Chairman of Environmental Quality Commission on Planning Comnission: Council action installed Mr. Langenfe7d as exofficio member of Planning Commission. . Plinutes Received. REGULAR MEETING, DECEMBER 2, 1974 NEW BUSI�VESS (CONTINUED) PAGE 4 RECEIVING THE h�1NUTES OF THE BUILDING STANDARDS — �ESIGN �ONTROL MEETING OF �OVEMBER 21, 1974. ��.� g' g A 1� I�EW BUILDING, %%�2 ELM STREET, PACO I�ASONARY CONTRACTORS, INC� Varances as requested in November 12, 1974 minutes of the Board of Appeals approved. Council concurred in recommendation of Building Standards-�esign Control Subcommittee and approved permit with stipulations recommended. Mlinutes Received. RECEIVING THE ��IINUTES OF THE BIf<EWAY COMMITTEE I�'iEETI NG OF I�OVEMBER 13, 1974 , . � � � � � � . . . . . � . 9 � 9 A Minutes Received. t�ECEIVING THE MINUTES OF TNE CHARTER COMMISSION I �EET I NG OF I�OVEMBER I9, 1974 � � � � � � � � . . . � . � . 10 - 10 D City Attorney directed to prepare a formal legal opinion on question of petition. Minutes Received. ' � KEGULAR �1�ETING, UECEMBER 2, 1974 NE�� BiJSIi�ESS (COiVTIPdUED) ' CONSIDERATION OF REAPPROV,4L OF iiEATHER HILLS 2ND � AUllITION pLAT , AND CONSIDERATION OF APPRc�VAL OF AGREEMENT BETWEEN � M& I�� PROPERTIES AND CITY OF FRIDLEY FOR HEATNER tiILLS 2ND ADDITION AND PROPOSED HEATHER NILLS 3RD � ADDITION � . � � � � � � � , � � � . � . � � � . � � � � � Agreement approved. Reapproval of Plat authorized. Administration ' directed to take the final storm sewer plan for this area to the Environmental Quality Commission before Council review. � ' � � PAGE 5 11 — 11J CONSIDERATION OF REAPPROVAL OF REGISTERED LAND SURVEY P�S. �73-08, BY NARLAND BERRY �PORTION OF LOCKE LAKE) � � � � � � � � � � � � � . � � � . � , , 12 — 12 E Reapproved. I,ONSIDERATION OF CLASS ACTION AND SETTLEMENT iVOTICE ON �IQUOR ANTI—TRUST $UIT� � � � � � � � � � . � . 13 — 13 D Concurred with the recommendation of the Administration and authorized sending a letter. r. rS , . , R�6ULAR MEETIiVG, DECEMBER 2, 1974 PAGE 6 ' ' NEW $US I i�ESS (CO�T I (VUED> . � CONSIDERATION OF APPOINTMENT TO BUILDING STANDARDS— DESIGN CONTROL COMMITTEE� � � � � � � . � � � � . . . . , 14 ' Tabled. ' , ' . �LAIMS� . � . � . � � � � � � � � . � � � � � � � � . , 15 � Approved. ' , ' . LI CENSES � � � . � � � � � � � � � � � � . � � � � � � 16 APproved. � ' ' tSTIMATES � � � � � � . � � � � � . � � � � � � � � � . 17 — 1� K ' Approved. ' ' ' �. 9 R�GULAR (�IEETING, DECE��1BER 2, 1974 PAGE 7 NEW �USINESS (CONTI�IUED) � CONSIDERATION OF E�TABLISHING SOME GUIDELINES FOR j SSUI NG �IQUOR �I CENSES � � � � � � � � � � � � � � � , 18 - 18 B Administration directed to prepare format and recommendation to Council. Public Hearings set for applications for liquor 7icenses by Bob Schroer and Frontier C1ub for January 13, 1974. ' CONSIDERATION OF A RESOlU7I0N APPROVING GRADE FOR MISSISSIPPI STREET UNDERPASS: ' Resolution.No..129-1974 adopted. ,�,�,.��.,�.,�.��-w,_:. �` i�1��0�Rt�: 10:21 P.i�1. �. �.3 THE MINUTES OF THE REGULAR MEETING OF THE FRIDLEY CITY COUNCIL OF OECEMBER 2, 1974 The Regular Meeting of the Fridley City Council of December 2, 1974 was called to order at 7:30 P.i�t. by Mayor pro t�n Utter. PLEDGE OF ALLEGIANCE: Mayor pro tem Utter led the Council and the audience in saying the Pledge of Allegiance to the Flag. INVOCATION: The invocation was offered by Mayor pro tem Utter. ROLL CALL: MEMSERS PRESENT: Councilman Utter, Councilman Nee, Counci7man Breider, and Counci7man Starwalt. MEMBERS ABSENT: Mayor Liebl APPROVAL OF MINUTES: REGULAR COUNCIL MEETING OF NOVEMBER 18, 1974: ' MOTION by Councilman Breider to adopt the Minutes of the Regular Meeting of the Fridley City Council of Noverr�er 18, 1974 as presented. Seconded by Councilman Starwalt. Upon a voice vote, all voting aye, Mayor pro tem Utter declared the motion carried. ADOPTION OF AGENDA: Councilman Breider said he would like to add a resolution that had been submitted by the Administration to consider on the grade of the Mississippi Street Underpass. Councilman Breider said there had also been two liquor license applications submitted and he would like to add this to the item, number 38, in which the consideration of establishing policies for the issuance of such licenses would be considered. MOTION by Councilman Breider to adopt the Agenda as amended with the addition of the previously mentioned items. Seconded by Councilman Nee. Upon a voice vote, all voting aye, i�tayor pro tem Utter declared the motion carried unanimously. VISITORS: MR._ WYMAN SMITH, REPRESENTING BOB SCNROER IN APPLICATION OF LIQUOR LICEIVSE: P1r. Smith addressed the Council and questioned how long it would be before the consideration of the liquor licenses would be discussed at the current meeting. Mayor pro tem Utter advised Mr. Smith that this i�em would be taken care of in about an hour. QLD BUSINESS: E MINIMUM LOT AREA, BY NORTH METRO CONSTRUCTION � The Public Works Director, �4r. Richard Sobiech, addressed the Council and gave a ' brief summary of the events leading to this item. Ne explained that the decision had been tabled until the property owners adjacent to this parcel and the applicant had reached some agreement. � i Councilman Nee said the applicant had called him earlier that evening and asked � that this item be tabled. ' MOTION by Councilman Nee to table the request for a variance for 200 Ely Street until December 9, 1974. Seconded by Councilman Breider. Upon a voice vote, all voting aye, ' Mayor pro tem Utter declared the motion carried. � I -- --_ �J � !� .I � 194 REGULAR COUNCI� MEETING OF DECEMBER 2, 1974 ORDINANCE N0. 575 - ABOLISHING THE OFFICE OF CHIEF OF POLICE: PAGE 2 N�TION by Councilman Breider to waive the second reading, adopt Ordinance No. 575 on second reading, and order pubiication. Seconded by Counci7man Starwalt. Upon a roll call vote, Councilman Breider, Councilman Starwalt, Councilman Utter and Councilman Nee voting aye, t,iayor pro tem Utter declared the motion carried ernani�usly. OF FIRST READING OF AN ORD_INANCE REZONING REQUEST ZOA c�n _ z� Ri nrK a_ 9 Councilman Breider asked if the ]ot owned by Mr. Benson had been removed from the proposed rezoning. The Public Works Director said this had been done. Mayor pro tem Utter questioned if one of the lots owned by Mr. Senson had already been zoned R-l. The Public Works Director said he owns Lots 36, 37, and 38. He explained that Lot 38 is zoned R-1. Councilman Breider asked who owned the remainder of the lots. He asked if the applicant owned them. The Public Works D9rector said the applicant did not own all of the lots, but the owners of these had submitted a petition saying they favored the rezoning. MOTION by Councilman Nee that since all of the land proposed for rezoning to R-i is being used as R-1, he would waive the first reading of the Ordinance, adopt the Ordinance on first reading. Seconded by Councilman Breider. The City Manager, Mr. iVasim Qureshi, mentioned that there is a proposed roadway in the area that had been designated State Aid and the money had been designated. He said he wouid like the Council to be aware of the overall proposal of the area before making a decision on the rezoning. He further explained this develop- ment would be done by the railroad if the City wants it in the future. ' ` Mayor pro tem Utter questioned if it was true that 77th would be closed when 79th was opened. The City Manager said yes. He said he would like the Council to have all the facts. Ne said he thought this might have some effect on the area to be rezoned. UPON A ROLL CALL VOTE, Councilman Utter voting aye, Councilman Nee voting aye, Counci]man Breider voting aye, and Councilman Starwalt voting aye, Mayor pro tem Utter declared the motion carried. OF FIRST READING OF AN ORDINANCE 4-04 STREET NORTHEH51: The Public Works Director advised the Council that there were no objections to the vacation of the easement. Councilman Breider said he had no objections to the vacation of the easement. � MOTIDN by Councilman.Breider to waive the first reading of the Ordinance and adopt the Ordinance on first reading. Seconded by Counci7man Starwalt. Upon a ro]1 call vote, Councilman Utter voting aye, Councilman Nee voting aye, Counci7man Starwalt voting aye, and Councilman Breider voting aye, i�layor pro tem declared the motion carried unanimousiy. TION OF A REQUEST FOR APPROVAL TO iELEVISE FRIDLEY CITY COUNCIL ..___ .... ,.�.,�..,,, r�� r,,,r,nr.i rnir nr c.otnt rv• Mayor pro tem Utter called on Mr. Terry Schuster of General Television to present the request. Mr. Schuster addressed the Council and said he had sent a letter of request to the Council. He said they were requesting approvai of the request and would like to use the faci7ities to do some tests on lighting, etc. He said they did not intend to cause any inconvenience to the members of the Council or audience. He added, he felt this was one of the functions of General Television and he again requested approval. I 0 f `t i (" � . ' ' �� , ' � 195 � REGULAR COUNCIL MEETING OF DECEMBER 2, 1974 PAGE 3 Counciiman Nee directed a question from the content of a]eiter sabmitted by the Council from the Administrative Assistant, Mr.. Peter J. Herlofsky, the statement concerning commercial advertisements. The representative of General 7elevision said the advertisements would not be during the meeting and there would be no interruption of the meeting for the messages. He said there may be some messages preceeding and after the close of the meeting. He said the meetings would not be cut to insert the commercials. Councilman Nee questioned if the City would have to pay for this type of production The representative said there would be no charge to the City. � Counciiman Starwalt asked what is being experienced across the Country with this type of telecasting of local Council meetings. A representative of General Television, the Program Director, Mr. Krebs, said this is being done in the City of Dubuque, Iowa, and this is done live. Ne continued saying this had been done for a period of three years and is quite successful. He said they are broadcast live every Monday evening and the Cable System signs off after the meeting. He pointed out that the Dubuque City Council had two meetings a month previously, and now they are meeting every week in a hope to solve some prob]em matters. He continued stating that the meetings are drawing steady watchers in Dubuque. He mentioned this is also being done in Brainard. � Councilman Starwalt asked if this success was for the Company, the City or the citizens. The Representative said this 9s successful for the Company, but the ratings received by the meetings are in excess of some of the network shows. He said he also felt this was successful to the advertisers. He stressed it is ' successful for the community because the Council is reaching more people in the community. He said all seem happy with the televising of the Counci7 meetings. He offered to furnish names of references for the Council if they wished him to I do this. , I . � i Councilman Nee said he thought this to be a constructive request. � L_l fdOTION by Councilman Breider to approve the request and ask General Television to get the tests going for the televisinq of the Counci7 meetings. Councilman Breider said he thought this was a grand idea. He thought this to be one of the things they had discussed in the franchise and further stated he thought it possible for the community to see what the Council is doing. SECONDED BY Councilman Nee. Upon a voice vote, all voting aye, Mayor pro tem Utter dec7ared the motion carried. � i RECEIVING THE MINUTES OF THE PLANNING COMMISSION MEETING OF NOVEMBER 6, 1974: � The Public Works Director advised fihe Council that the items within the minutes did not need any action at the present time. � ' � , I i ' I ' l � ' MOTION by Councilman Nee to receive the minutes of the Planning Commission Meeting of November 6, 1974. Seconded by Councilman Starwalt. Upon a voice vote, all voting aye, Mayor pro tem Utter declared the motion carried. RECEIVING THE MINUTES OF THE PLANNING COMMISSION MEETING OF NOVEMBER 20, 1974: EST FOR A LOT SPLIT, L. S. #74- � SPLIT OFF The Public Works Director expiained that the Planning Commission had recorr�nended approval of the request. He continued to summarize the problems with the surveys presented. He said there is a need for the ciarification of a utility easement and the latest survey did not reflect the Highway Department taking public easement for T. H. #47. He recommended the item be tabled until this is taken care of. MOTION by Councilman Nee to table the consideration for the Lot Split, L. S. #74-16. Seconded by Councilman Starwalt. Upon a voice vote, all voting aye, Mayo1^ pro tem Utter declared the motion carried. � i � � � --_—, �� 196 REGULAR COUNCIL MEETING OF DECEMBER 2, 1974 PAGE 4 DERATION OF A PROPOSED PRELIMINARY PLAT,^P.^S^ #74-06T^ZANDER�� 1�Y�ApDITI The Public Works Director explained that this item had been tabled by the Planning Cotrenission and considered again on the November 20, 1974 meeting. He said the Planning Commission had recomn2nded approval w�th four stipulations and he read thero to the Council. Mr. Sobiech said it would be ir. order for the Council to set a Public Hearing on the plat. Mr. Korin addressed the Council and said he was at the last Planning Comnission meeting and he is coming to agreement with the applicant. He said this agreement included the drainage of the area. He explained the plan would take the drainage away from his property to McKinley Street. Ne also mentioned that the City should take care of the problems with the catch basin freezing. If this would freeze in the winter, the City should thaw it out. MOTION by Councilman Starwalt to set the Public Hearing on the Preliminary Plat for January 13, 1975. Seconded by Counci]man Breider. Upon a voice vote, a11 voting aye, Mayor pro tem Utter declared the motion carried. MOTION by Councilman Starwalt to receive the minutes of the Planning Commission Meeting of November 20, 1974. Seconded by Counci7man Breider. MOTION TO AMEND THE MOTION made by Councilman Breider to add to the motion that the Chairman of the Environmental Quality Commission be installed as exofficio member of the Planning Commission until the ordinance is changed. Seconded by Councilman Nee. Upon a voice vote on the amendment, all voting aye, i�ayor pro tem Utter declared the motion carried. UPON A VOICE VOTE, on the original motion, all voting aye, Mayor pro tem Utter declared the motion carried as amended. IVING TNE MINUTES OF THE BUILDING ST ,,.,�.�� i i n�n . CONSIDERATION OF A REQUEST TO A GN ILDING TO BE USED AS A r HOUSE: The Public Works Director said this was a proposal for a new building to be used as a warehouse on Lots 16 and 17, Block 8, Onaway Addition or 7791 Elm Street. He pointed out that the Council should also approve the variances from the minutes of the Board of Appeals Meeting of November 12, 1974. The Public Works Director called the Council's attention to Page 8 of the agenda and the stipulations as recommended by the Subcommittee. He read the stipulations to the Council and audience. The Public Works Director passed out copies of the Minutes of the Board of Appeals Meeting cf November 12, 1974 to the Council and read the stipulations within their consideration to the Council. Mr. Sobiech pointed out on the plan on the easel the variances requested to be as follows: a variance in the side yard setback from a side street from 35 feet to 33 feet and also, a variance in the side yard setback from 20 feet to zero feet. He advised the Council that the Board of Appeals had recommended approval of the variances with some stipulations. He read the stipulations suggested. Councilman Breider mentioned he thought this Onaway area with the frontage available has come along way with development. He suggested that it be noted by the"devel- opers that they would have to meet the Codes when building in other areas. The Public Works Director,agreed and said as a good example of this was the new building completed at 79Lh and Ranchers Road. MO7ION by Counc9lman Breider to approve the variances requested for constructian of the Warehouse by Paco Masonry for 7791 Elm Street with the stipulations of the Subcommittee. Seconded by Councilman Starwalt. Upon a voice vote, all voting i� i � • , ' , , � ' � , ' � - I � I , ' , i � , ' � ', REGULAR COUNCIL MEETING OF DECEMBER 2, 1974 aye, Mayor pro tem Utter declared the motion carried. PAGE 5 � n7 . , �, � , MOTION by Councilman Breider to approve the plans for construction of the warehouse by Paco Masonry for 7791 Elm Street with the stipulations of the Subcommittee. Seconded by Counci7man Starwalt. Upon a voice vote, all voting aye, i�layor pro tem Utter declared the motion carried. MOTION by Councilman Starwalt to receive the minutes of the Building Standards-Design Control Subcomnittee Meeting of November 21, 1974. Seconded by Councilman Breider. Upon a voice vote, ali voting aye, Mayor pro tem Utter dec]ared the motion carried. RECEIVING THE MINUTES OF THE CITIZEN BIKEWAY COMMITTEE MEETING OF NOVEMBER 13, 1974: MOTION by Councilman Nee to receive the minutes of the Citizen Bikeway Committee meeting of November 12, 1974. Seconded by Councilman Breider. Upon a voice vote, all voting aye, f•1ayor pro tem Utter declared the motion carried. RECEIVING THE MINUTES OF THE CHARTER COMMISSION MEETING OF NOVEMBER 19, 1974: � Councilman Nee said he would like to discuss the minutes with respect to the Commission receiving the petit9on. He asked the City Attorney if he had read these minutes. The ' City Attorney said he had glanced at the minutes. ! I Councilman Nee asked the City Attorney if he had given the Charter Commission a formal � opinion to ignore the petition. The City Attorney said he had some discussion with Mr. Sheridan, Chairman of the Cliarter Commission, and he had suggested to Mr. Sheridan that the members of the Charter Commission and the people who had submitted the petititon shou]d get together and come up with a recommendation to the Council. Ne said in this manner, the question could be settled with an amendment and would not need a special � election. , Councilman Nee said he would like the City Attorney to prepare a formal opinion on the question ai hand. He added, if the City Attorney's opinion is the same as indicated { in the minutes of the Charter Commission meeting, ne would like the question submitted to the Attorney General. MOTION by Councilman Nee to direct the City Attorney to perpare a formal written opinion on the question raised and if the opinion is the same as ihat in the minutes of the Charter Commission, the City would submit the question to the Attorney General. Seconded by Counciiman Starwalt. Councilman Starwalt asked if the City Attorney could submit the formal opinion to the City Council so they would know if this was to be submitted to the Attorney General or not. Councilman Breider said he did not think the basic question of whether or not an official should be elected or appointed would be too difficult to resolve. He stated a petition had been submitted, now it must go through the legal channels. He said if it is not a valid petition, the Charter Commission should discuss the issue with the petitioners. Councilman Breider said there were many signers on the petition and • they are concerned about something and the Charter Commission should take a look at this. After this, he continued, it would have to go to the Council for a vote, and the Council could get an indication from the vote of the people in the fall election. Councilman Breider said he agreed with the first part of the motion, but not the second. � i The City Attorney said he had no quarrel with sending the matter to the Attorney ' '' General, this would not hurt him professionally. He reiterated that the language of i the Charter is not clear, there is no specific time limit for submitting the petition to the Council. ' ' � MOTION by fnuncilman Breider to amend the motion dropping the portion where the opinion would be sought from the Attorney General, and only include that a formal opinion would be sought from the City Attorney. Seconded by Councilman Starwalt. Upon a voice vote, Councilman Breider voting aye, i,ouncilman Starwalt voting aye, Councilman Utter voting aye, and Councilman Nee abstaining. Mayor pro tem Utter declared the motion carried, three in favor and one abstention. UPON A VOICE VOTE on the original motion as amended, al] voting aye, Mayor pro tem Utter declared the motion carried. I � . . � 19R REGULAR COUNCIL MEETING OF DECEMBER 2, 1974 PAGE 6 MOTION by Councilman Breider to receive the minutes of the Charter Commission Meeting of November 19, 1974. Seconded by Councilman Starwalt. Upon a voice vote, all voting aye, (��layor pro tem Utter declared the motion carried unanimously. j. CONSIDERATION OF REAPPROVAL OF HEATHER HILLS 2ND ADDITION PLAT: AND ' i _ . i CONSIDERATION OF APPROVAL OF AGREEMENT BETWEEN M& M PROPERTIES AND CITY OF FRIDLEY FOR HEATHER HILLS 2ND ADDTTION AND PROPOSED HEATNER HILLS 3RD ADDITION: � The Public Works Director pointed out the proposed agreement on Page 11 - 11 C of the Council agenda. He said initially according to resolution, there was to be $800 per lot escrowed for storm sewer in this area. He said a plan had been arrived at at this time to solve the drainage problems of the area and this had been included in the proposed agreement. He said he felt this r�as a workable solution engineeringwise however, he did not have the overall cost figures availab3e at the present time. He thought the new plan would be more economical than going down Arthur Street with the storm sewer. The new plan would bring the drainage into Moore Lake and then Rice Creek. He said according to action of the Rice Creek Watershed District, it would not be possible to allow a rate of flow into Rice Creek in the Arthur area at an increase to what it is at the present time. He pointed out that there would be a ponding area in the Heather Hills area and this would take the drainage. The Public Works Director said he recommended that the agreement be approved and also that the Council reapprove the plat. Mayor pro tem Utter questioned if there were a park, how could anyone ever make it into the park area. The Public Works Director said it would be possible to leave the entire area as ponding area and have it remain as it is now. He commented that this is a natural type of area. He also said they would have to have the appropriate easements for maintenance, this would have to be approved when the plat is approved for Heather Hills 3rd Addition. He said the proposed dedication is in excess of the area required by the City Code for the 2nd Addition and proposed 3rd Addition. Councilman Breider asked how much this was costing? The Public Works Director said as a result of the escrow agreement, this was not costing the City any money. , - He explained that the escrow amount according to the requirements of the Resolution ' of 1973 should be $800 per lot. He said considering the land dedication which is ', in excess of the requirement and the lateral storm sewer development by the developer, and the escrow money (now $400 per tot), this would not cost the City anything. Councilman Breider questioned if there would be additional storm sewer development in the area. He said he thought this is one area where the Environmental Quality Commission should review the development of the storm sewer. Councilman Starwalt said he agreed with this statement. He said the parcel of land is about Z00 by 360 feet or 1 2/3 acres. He asked how much more than the requirement the dedication would be? The Public Works Director figured out that the amount should be 10% of the total land or 45,185 square feet. The amount to be dedicated is 72,000 square feet or 26,185 in excess of the requirement. The City Manager said the applicant would like the plat signed before the end of the year. Ne called on Mr. Mike 0'Barrnon for his comments concerning the plat. Mr. 0'Bannon said the plat had been brought to the City before the requirements for the parks �nd the escrow had been acted upon. He said he had opposed the requirements in , the past because he did not feel it was legal to require the $800 per lot for storm sewer escrow. He further explained the Public Works Director and the Community Development Administrator had worked out an agreement which would reduce the amount of escrow per lot to $400. He further mentioned if there is any need for additional storm sewer facilities in the area, he would pay the City $400 per lot for this ; development. � The City Manager referred to page 11-I of the agenda and said the City Administration � had been instructed by the Council in February, 1973 to work out an agreement. ' He said the Administration had esentially done that and in the agreement the drainage plan is taken care of. He said there would be the alternative of putting the storm � sewer in the area in the future if the Council desires. � 'y�\ I Councilman Breider said the final storm sewer plan for this area should go to the � 4 i � ' ..__ - - . . -----_ _ ..__._ ..______ _ _ - -- --------� � ' �� i ' � i I ' � � � � I , � � { � � � � I I � ; � I i � � � � j � �. � ' i I i ' � � _ . _ __.. _. _ _------- i ly9 REGULAR COUNCIL MEETING OF DECEMBER 2, 1974 PAGE 7 Environmenta7 Quality Commission prior to coming to the Counci7. He said the preliminary plan should go to the Commission. 1�10TION by Councilman Breider to approve the agreement between M& M Properties and the City of Fridley for Heather Hills 2nd Addition and proposed Hpather Hi71s 3rd Addition and instruct the Administration to take the final storm sewer preliminary plan to the Environmental Quality Commission before coming to the Council and to authorize the City Manager to sign the plat. Seconded by Councilman Starwalt. Upon a voice vote, all voting aye, Mayor pro tem Utter declared the motion carried. � CONSIDERATION OF REAPPROVAL OF REGISTERED LAND SURVEY, P. S. #73-08, BY HARLAND BERRY PORTION OF LOCKE LAKE : The Public Works Director said this had been brought back for reapproval because the original approval had been over a period of 90 days and according to the City Code, if this is not registered in 90 days, it would require reapproval by Council action. The Pub7ic Works Director said the City had obtained five out of the six necessary easements, and he felt there would be no problem in obtaining the sixth. He said these easements would make it possible to maintain the lake bottom. He pointed out that the original action on the land survey had been November 12, 1973. Councilman Nee questioned why this survey had not been registered. The Public Works Director said there had been some question with the survey and getting it drawn up. Mr. Berry addressed the Council and said this was just being done within the last three weeks. P40TION by Couniciman Nee to reapprove Resoiution No. 149-1973 which is reapproval of Registered Land Survey P. S. �73-08, by Harland Berry. Seconded by Councilman Breider. Upon a voice vote, all voting aye, Mayor pro tem Utter declared the motion carried. CONSIDERATION OF CLASS ACTION AND SETTLEMENT NO7ICE ON LIQUOR ANTI-TRUST SUIT: The City Manager said the action of the Counc�il should be authorizing the Administration to write a letter in agreement to the proposed settlement. _ The City Attorney said the settlement had been negotiated by the Attorneys and it would still need court approval. He questioned if this would have some effect on the store pricing. He continued to comment, that within the settlement there is a cash seitiement offered for the purposes of providing a watch dog for this period of time. MOTION by Councilman Starwalt to concur with the recommendation of the Administration and take Administrative cognizance and authorize action to pursue the settlement to enable the City to get its portion. Seconded by Counci7man Nee. Upon a voice vote, all voting aye, Mayor pro tem Utter declared the motion carried. CONSIDERATION OF APPOINTMENT TO BUILDING STANDARDS-DESIGN CONTROL COMMITTEE: MOTION by Councilman Nee to table the consideration of the appointment to t'r�e Building Standards-Design Control Committee until the next meeting of the Council. Seconded by Councilman Breider. Upon a voice vote, all voting aye, Mayor pro tem Utter declared the motion carried. CLAIMS: ' GENERAL 37969 - 38104 LIQUOR 9375 - 9407 MOTION by Councilman Breider to approve the claims. Seconded by Councilman Starwalt. Upon a voice vote, all voting aye, Mayor pro tem Utter declared the motion carrted. LICENSES: GENERAL CONTRACTORS BY APPROVED BY McCall & Company David McCall C. Belisle 5435 Lyndale Avenue South � Minneapolis, Minn. 55419 , ; I _J 2nn REGULAR COUNCIL MEETING OF DECEMBER 2, 1974 RoMar Builders, Inc. Route #6 Anoka, Minnesota 55303 Roger Rodofs PAGE 8 C. Belisle MOTION by Gouncilman Breider to approve the licenses. Seconded by Councilman Nee. Upon a voice vote, all voting aye, Mayor pro tem Utter declared the motion carried. ESTIMATES: H & S Asphalt Company 5400 Industry Avenue N. W. Anoka, Minnesota 55303 FINAL Estimate #5 for Street Improvement Pr�ject ST. 1974-1 and Street Improvement Project ST. 1974-2 FINAL ST. 1974-1 FINAL ST. 1974-2 $ 38,587.69 $ 9,623.98 MOTION by Councilman Nee to approve and pay the estimates. Seconded by Councilman Breider. Upon a voice vate; all voting aye, I+layor pro tem Utter declared the motion carried. CONSIDERATION Of ESTABLISHING SOME GUIDELINES FOR ISSUING LIQUOR LICENSES: AND SETTING PUBLIC HEARIN6 ON LIQUOR LICENSE APPLICATIONS FROM FRONTIER CLUB AND BOB SCHROER: Councilman Breider said the City had received an application for a liquor license in the First Ward. He said Mr. Wyman Smith, Attorney, was present to represent the applicant, Mr. Bob Schroer. Mr. Smith advised the Council that ��tr. Schroer is in the process of obtaining an architect's plan and desigri for the construction of a new building which would be located rorth of his present business (Bob's Produce Ranch). He said this application is different from the others being processed in that he would have to start from scratch in financing an� construction of the facility. i�ir. Smith said some pre7iminary work had been done and Mr. Schroer and his wife were intending to set up a corporation with the two of them being the sole stock holders in the corporation. He referred to the requirements of the issuance of such a liquor license stating there would have to be a public hearing. He said along with this requiremeni, the people who dispense would also have to obtain a license and would need approval, but this would not require a public hearing. Mr. Smith suggested the Council take actiorion preliminary approval of the license contingent on the applicant meeting all of the necessary requiremenis. He said this would allow Mr. Schroer to continue to make the necessary arrangements for design finances, etc. Mr. Smitn said Mr. Schroer did have some preliminary drawings, but they were very perliminary. He hoped to have everything in order by the time the Pub7ic Hearing was held and have such information in hand. He thought this could be accomplished within a week. Councilman Breider said when the people voted for the additional licenses, they wanted to have fine places in the City of Fridley. He said the Counci7 would have to consider each request individually. He thought the discussions and decisions to issue licenses in the past had turned out well, the people who have licenses are very involved in the community. He said they also run good operations which are not a problem to the City. Councilman Breider commented that personally, he was very p7eased to be notified that there was an application from Mr. Schroer, ne is very active in the community. Councilman Breider believed Mr. Schroer is very coop�rative in working with the City and the Community. He mentioned the decisions to be made in the future and the policies to be followed and felt this would be difficult. He questioned the possibility of increasing the physical aspects and requirements. �� m � • ' I , � � ' � � � ' ' ' � •' . � ' i ' , ' � ____ �—, �nX REGULAR COUNCIL MEETING OF DECEMBER 2, 1974 PAGE 9 The City Manager said the City had been initially very limited in the number of licenses it had to offer and it was forced to be very selective. The City Manager said the City does have some good businesses at the present time. He pointed out that now, they had substantially increased the number oF licenses that could be issued. He said if the Counci7 so desires, they could issue all of the available 7icenses, but they would have to have some criteria to judge in this process. The Public Works Director said there would not be any prob7ems with the new construction, but there would have to be some policies set for the existing structures. He said the buildings under the existing Code would not be adequate. He pointed out as an example that the Code caiis for one park9ng stall for each four seating places in the building. He said maybe this should be one out of two9 or broken down in a different way. The Public Works Director said there would also be problems with the sprinkling systems, the existing Codes do not require the installation of a sprinkiing systems. He thought this should be stipuiated and made a part of the requirements for the liquor licenses. He said fires do occur in this type of facility and they are also subject to arson. The City Attorney said he would check with the League and see if they have any infor- mation on this type of criteria. He thought rather than use the criteria of a dollar value, the City should investigate the possibility of using a po7icy based on seating capacity. Councilman Nee said he shared the pieasure mentiened by Councilman Breider over the decision of Mr. Schroer to construct such a facility. He thought the discussion on the criteria should be spread out and sonsidered by more than the five members of the Council. He suggested having the Planning Commission review the possibilities in the creation of the criteria. He saidthis may take from one to two months. He asked if this would cause any big problems with anybody. He said he thought the plans that Mr. Schroer had would be a credit, but there would be others applying and he would like some guidelines and the input of other people. MOTION by Councilmar Breider to set a Public Hearing for the application for liquor licenses by botli the Frontier Club and Mr. Bob Schroer for January 1�, 1975. Seconded by Councilman Nee. ' Councilman Breider said he thought the remarks made by the Public Works Director were very well taken. He thought this is the type of thing the Council shouid look at when establishing the policy. The City Manager said the legal requirements for the issuance of such a license are lengthyand laborious. He said the full information shou7d be available for the hearing. He said the Aministration would cooperate with the applications in getting the necessary data to conform to the City and Sfiate requirements. UPON A VOICE VOTE, all voting aye, Mayor pro tem Utter declared the motion carried unanimously. Counci7man Nee asked if the Counci7 could start the process of amending the ordinance. He questioned if the existing ordinance stated the amount of licenses that could be granted. He asked if this would have to be amended to state the new number allowable. The Finance Director said this had been done by resolution. Councilman Nee said he thought the Council should adopt the criteria of the seating capacity. He indicated he would like to have an ordinance that is defendable, The City Manager said the Administration would bring a proposal before the Council. He said they would come up with some format for the Council to discuss. He mentioned that the Council could always change the figures. RESOLUTION N0. 129-1974 - APPROVING GRADE FOR MISSISSIPPI STREET UNDERPASS: The Public Works Director pointed out the elevations in the plans to the Council and proceeded to have a brief discussion on the various aspects of the plan at the Councii table. The City Manager informed the Council that this Resolution would be necessary to obtain Federal funding. � � � _.._._._ __ - -_ ___. _.. _ __ ___ . __ _ _ _ _ ._ -- ---_ ._ _ .----- .---- � 202 � _ fREGULAR COUNCIL MEETING Of DECEMBER 2, 1974 PAGE 10 I �, MOTION by Councilman Nee to adopt Resolution No. 129-1974 approving the grade for � the Mississippi Street Underpass. Seconded by Councilman Starwalt. Upon a voice I vote, all voting aye, Mayor pro tem Utter declared the motion carried unanimously. iADJOUNMENT: i MOTION by Councilman Breider to adjourn the meeting. Seconded by Councilman Nee. Upon a voice vote> all vo�ing aye, Mayor pro tem Utter declared the Regular Meeting of the Fridley City Counci7 of December 2, 7974 adjourned at 10:21 P.M. �pectfully submitted, .+.� r""l Pat Ranstrom Frank G. Liebl Secretary to the City� Council Mayor Date Approved 0 � I li 0 � � � �I FRIDLEY CITY COUNCIL MEET�NG ' PLEASE SIGN NAME ADDRESS AND ITEM NUMBER INTERESTED IN DATE: .�-`-��'- /� 7 � -T , NAME --------------------------------------- ---------------------- ----------------- I�'�„,�, � � �� _ �� r�� ,�� °.�l j ADDRESS ��/Jj�O - ITEM NUM6ER ------------------------------------------------------- ----- �-S ` --------- � ----------------------- ----------- � �/� � T I�' i � ' I ' f ' _ �, i I ': �'_ _ � , : � , , ., I ': ` TNE IylNUTES OF THE REGULAR MEETING OF THE FRIDT�Y CITY COUNCIL OF NOVEMBSR �.IB�: ��l� = ' I ' ' ,: . � .` ,, ' � - � ' ' _ I, . ; ' . , 1 'I _ � ' ' _ : ., ' ,I . ,. : ' : • , , i , '' . , ':: I i ' � >. .,. �. : : , � � :. �'. ' ' ' I f ' � � � I � i ' i ' , , ' ' � i ' ' ' . ' ' ' �. THE MINUTES OF THE REGULAR MEETING OF THE FRIDLEY CITY COUNCIL OF NOVEMBER 18, 1974 , i 179 The Regular P1eeting of the Fridley City Council of November 18, 1974 was called to order at 7:31 P.M. by Mayor Liebl. PLEDGE OF ALLE"uIANCE: P4ayor Liebl led the Council and the audience in saying the P7edge of Allegiance to the Flag. INVOCATION: f�7ayor Liebl requested several minutes of silent prayer for those missing in action in Viet- nam. ROLL CALL: MEMBERS PRESENT: Mayor Liebl, Councilman Breider, Counci7man Utter, Counci7man Nee, and Councilman Starwalt. MEMBERS ABSENT: None. APPROVAL OF MINUTES: . REGULAR COUNCIL MFETING OF OCTOBER 21, 1974: MOTIDN by Councilman Starwalt to adopt the minutes of the Regular Meeting of the Fridley City Council of October 21, 1974 as presented. Seconded by Councilman Nee. Upon a voice vote, all voting aye, Mayor Lieb] declared the motion carried unanimously. REGULAR COUNCIL MEETING OF NOVEP16ER 4, 1974: MOTIOW by Councilman Nee to adopt the minutes of the Regular Meeting of the Fridley City Council of November 4, 1974 as presented. Seconded by Councilman Starwalt. Up�n a voice vote, all voting aye, f-iayor Liebl declared the motion carried unanimously. STATEMENT OF CANVASS MEETIPIG OF NOVEMBER 7, 1974: . MOTION by Councilman Starwalt to adopt the minutes of the Statement of Canvass Meeting of the Fridley City Council of November 7, 1974 as submitted. Seconded by Councilman Breider. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. ADOPTION OF AGENDA: Councilman Starwalt said he had a petition to receive which had been submitted by several property owners requesting the installation of a street light on Woodside Court. t��107I0N by Councilman Nee to adopt the agenda as amended with the addition of the petition. Seconded by Councilman Starwalt. Upon a voice vote, all voting aye, Mayor Liebl declared the motior� carried unanimously. VISITORS: MR. OTTO TAUER, 5866 2ND STREET N. E., COMPLAINT CONCERNING LITTER IN HYDE PARK AREA: Mr. Tauer addressed the Council and stated his name and address and said he would like to make some comments concerning the litter on 2nd Street in Hyde Park. He noted this problem to be the greatest west and north of the parking lot and suggested that a fence be installed which would be three to four feet high and with a horseshoe shape so the litter would not be bluwn into the street, but stay in the parking area. I�lr. Tauer asked that the Council take some action to control this litter. „ MOl70N by Counciln:an Nee to ask the Administration to prepare a��eport on the situation, not onl.y noting the problem, but including the methods of solution. SE,conded by Councilman Starwalt. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. � i i � , _. _ ____ _ _ _ _ ___ _- . ___ -----__ ; 1 H t) REGULAR MEETING OF N011EMBER 18, 1974 PAGE 2 _ ----. _. i � VISITORS Continued: MRS. HELEN TREUENFELS, 5248 HORIZON DRIVE N. E., REQUEST FOR ORDINANCE DRAFT FROM CITY ATTORNEY CONCERNING PROCEDURES AND RIGHTS OF ELECTION JUDGES: Mrs. Treuenfels said her concern was the method of choosing election judges. She said she had received a satisfactory explanation in her case, but there are others who are concerned about this activity. Nlrs. Treuenfels' recommendation was thai the City Attorney, with the he7p of the City Clerk, be directed to prepare a draft of an ordinance including such things as the procedures for the selection of election judges and listing their constitutional and civil rights which would state they they are allowed to freely express themselves in reference to their political preferences. MR. DENNIS SCHNEIDER, 6190 STINSON BOULEVARD N. E., REQUEST FOR ACTION ON MATTERS DELAYED BECAUSE OF ELECTION: f�1r. Schneider urged the Council to consider the views of the people in the recent election. PUBLIC HEARINGS: IC AND RECEIVING PETITION N0. 16-1974: 4-04, ¢Y HENRY F. MUHICH, TO REZONE LOTS 11-21 MOTION by Councilman Nee to waive the reading of the Public Hearing N�tice and open the Public Hearing. Seconded by Councilman Starwalt. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously and declared the Public Hearing open at 7:47 P.i�l. The Public Works Director, f+lr. Richard Sobiech, pointed out the area to be discussed on the map on the screen. He said this would allow the construction of single family dweiling on this property. He explained ihat there had been a petition submitied and signed by all but one of the property owners in Block 4. He explained that the people want the property to be zoned R-1 instead of M-1. He further pointed out that the recommendation of the Planning Commission had been to rezone Lots 11-21 and Lots 28 thraugh 35, and exclude Lots 36 and 37. Niayor Liebl called on Mr. Leonard Benson, 154 Longfellow, to express his views concerning the rezoning request. Mr. Benson said he would like his property to remain zoned as it is (two 7ots M-1 and one lot R-7). Councilman greider said Mr. Benson's property would be excluded from the zoning change according to the recommendation of the Subcommittee. He questioned how this property had become involved in the request if Mr. Benson did not want this. The City Attorney explained that the Planning Commission in their discussion had thought that it would be better to rezone the entire block at one time, and this gentleman's property had been included because of this. He said Mr. Benson was not agreeable to this thought and the Subcommittee had recommended that the rezoning be done excluding the Benson property. He again mentioned that Mr. Benson's property was included in the hearing to obtain everyone's views on the proposal. Councilman Nee asked how much of the land being proposed for rezoning is currently being used as R-1 property. Tha Public Works Director said all of the land is presently used as residential. Mayor Liebl asked if anyone else had any comments concerning the rezoning request. There were no questions. Mayor Liebl asked Mr. Benson if he had any comments to make and he said no. Councilman Nee said there were people present at the meeting who supported the rezoning. Nlayor'Liebl asked if these people had signed the petition and Councilman Nee said yes. � , ,: � — ---- — _ .. _ _---- _ . _ . _ _.i �� i ' � , � ' � , � � - �J � I ' ' I � REGULAR COUNCIL MEETING OF NOVEMBER 1$, 1974 P•layor Liebl said six property owners had signed the petition. PAGE 3 � � �. MOTION by Councilman Utter to close the Public Hearing. Seconded by Councilman Nee. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously and the Public Hearing closed at 8:02 P.i�l. Mayor Liebl informed the people present that the action of the Council would be taken the following meeting of the Counci1 on the first reading of the ordinance. PUBLIC HEARIPJG ON VACATION REQUEST SP,V #74-04, BY JERRY GUIMONT, OF A PORTION OF A UTILITY EASEMENT, GENERALLY LOCATED AT 6551 2ND STREET N. E.: b10TI0N by Councilman Utter to waive the reading of the Public Hearing notice. 5econded by Councilman Breider. Upon a voice voie, a11 voting aye, ;�layor Liebl declared the motion carried unanimously and declared the Public Hearing open at 8:04 P.f�. The Public Works Director explained that this request had been made to allow the construction of a garage within a 15 foot utility easement at 6551 2nd Street K. E. He pointed out this proposed construction in re�ation to the easement on the plan on the screen. Ne defined the plan stating this garage would go 32 feet into the easement on the north side and 7 feet into the easement on the south side of the garage. Mayor tiebl asked if the applicant was present at the meeting and there was no respanse, i-le asked if anyone wished to speak concerning the request and there was ' no response. ' MOTZON by Councilman Breider to close the Public Hear�ng. Seconded by Councilman Utter. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously ard the Public Hearing closed at 8:05 P.M. MOTIOIV by Councilman Breider to receive the le�ters from Mr. Robert L. Brewer, General Televisian, Inc., dated October 15, 1974, Mr. bdarren Raske, District Engi'neer, North- western Eell Te?ephone Company, dated October 10, 1974, Mr. L. �-1. Benson, Customer Ser�,�ice Representative, tdorthern States Power Company, dated October 10, 1974, and Mr. William R. Schram, Froperty Section, Minnesota Gas Company, dated October 8, 1974. Seconded by Councilman Utter. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. PUBLIC NEARING ON A PROPOSAL TO CONSTRUCT A NATIONAL GUARD ARMORY: AND RECEIVING COMMUNICATION FROM LEAGUE OF 4��OMEN VOTERS REGARDING ARf+IORY: i N10TIQN by Councilman �reider to receive the communication from the League of Women Voters dated October 30, 1974 and also the communication from the Fridley Jaycees dated November 14, 1974, and to continue the Public Hearing on the Armory proposal until the first Pubic Hearing meeting in February, February lOth, 1975. Seconded by Councilman Utter. The City Manager said one other item that should be taken care of at this time is the approval of the draft of the le�ter submitted to 'the Council in their agenda ` from the City to the various communities in the area concerning their input on a joint proposal for an Armory. He said also, this consideration had been changed from January to February. , MOTION by Councilman Breider to amend the original motion b,y adding the approval of the letter to be sent to the various surrounding communities concerning their input on a joint proposal for an Armory. Seconded by Councilman Utter. Upon a voice vote on the amendment � to the motion, all voting aye, (iayor Liebl dec]ared the mot�on carried and the original motion amended. �� UPON A VOICE VOTE ON THE amended rrbtion, all voting aye, P�ayor Liebl dec7ared the motion carried unanimously. OLD BUSINESS: CONSIDERATION OF A UARIANCE TO REDUCE MINIMUM LOT AREA, BY NORTH METRO CONSTRUCTION, � __� � �g� REGULAR COUNCIL MEETING OF NOVEMBER 18, 1974 PAGE 4 INC., FOR 200 ELY STREET N. E., (LOTS 26 AND 26, E�LOCK 11, SPRIPlG BROOK_PARK ADDITION TABLED OCTOBER i2, 1974 : The Public Works Director gave a brief summary of the action on the proposal thus far. He pointed out that the Board of Appeais had recommended approval of the variance. Mayor Liebl sought Mr. Sobiech's recomnendation on the variance and Mr. Sobiech said he concurred with the recommendation of the Subcommittee. Councilman Nee questioned the applicant, P�ir. Dennis Barker, inquiring if he had any discussions with the adjoining property owner. Mr. Barker replied, no, they had talked about this some time ago, the adjoining property owners had asked and he had said no. MOTION by Councilman Nee to table the consideration of the variance for 200 Ely Street until December 2, 1974 being that ihis consideration had been previous]y tabled to enable the peo�le to get together and reach s�me decision, and they had not communicated. Seconded by Councilman Starwalt. The City Attorney outlined that there had been some var9ances of this type approved in the area and some had been denied. He concluded, this had al�vays depended on the circumstances of the neighborhood and surrounding property. Counciiman Nee expounded that he did not think this variance was substantial. He said he had supported variances of this type in the area. He commented that in the area where there is regular development, the codes should be supported, but in the westerly area where the development is irregular, he would be willing to make an exception. Councilman Nee conveyed that this property is not in the flood plain, this is on the other side of East River Road. Ne noted there are some exceptions already, but he would like to get this particular one resoived. UPON A VOICE VOTE, all voting aye, Mayor Liebl declared the motion carried unanimously. COPdSIDERA7I0N OF A VARIANCE TO REDUCE MININtUM LOi' AREA, 6Y_NORTN METR� CONSTRUCTION, Councilman Nee said this request was for a variance on property on the west side of East River Road. t�10TI0N by Councilman Nee to concur with the recornnendation of the subcommittee and approve the variance. Seconded by Councilman Starwa7t. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. NEW BUSItdESS: RECEIVING COMMUNICATION FROM SPRINGBROOK NATIiRE CENTER FOUNDATION REG�IRDING NORTH PARK: i�tayor Lieb1 explained that he had received a letter from Dr. Trezona, Chairman of the Springbrook Plature Center Foundation. MOTION by Councilman Utter io receive the 7etter from Dr. Trezona, Springbrook Nature Center foundation, dated November 7, 1974. Seconded by Councilman 5tarwalt. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. Mayor Liebl calied on Dr. Trezona to address the Council. Or. Trezona stated it is not often that he addressed the Council when he was as happy as he was. He further stated that the Springbrook Nature Center Foundation had taken a grand step forward. Ne �ntroduced the following Foundation members present at the meeting: f�ir. Mark Noble, Mr. Nei1 Christenson, Dr. Walter �reckenridge, Dr. Donald B. Lawrence, P�rs. Janice Seegar, Senator David Schaaf, and Mrs. LeeAnn Sporre. Dr. Trezona read the letter submitted by himself to the Council and audience. He also listed the three points in the proposed resolution sent to the City by the Foundation. Dr. Trezona went on to state that it is the desire of the Foundation to cooperate with the vario�s governmental bodies and private enterprises for the development of North Park as a Nature Center. fle conLinued to state that in the campaign, they had stated that this development of the nature center would not involve any tax dollars of . �� 9 1 j €� } ' ' i � � �� , REGULAR COUNCIL MEETING OF NOVEMBER 18, 1974 PAGE 5 x�i ' the people of the City of Fridley. He emphasized that it was their intention to not �, create a tax burden for the people. Dr. Trezona said it was their hope to begin the planning and drawing of plans, etc. He said with the cooperation of the City Council, they would find the funding to handle the development. , ' , , ' � Councilman Nee submitted a resolution to the members of the Counci] he had drafted Mayor Liebl said he agreed with many things in the proposed resolution, but he felt it would be improper for the present Council to make a decision on the matter. He said the newly elected members of the Council had campaigned stating they would support the nature center, he believed this Caunci7 should make the decision. Councilman Breider referred to the resolution presented by Counci7man Nee and asked if this would be read to the Council and audience. Councilman Nee read the proposed resolution. Councilman Nee addressed Mayor Liebl and said he had requested that this not be taken care of until the next year. He said he had originally thought that this would be reasonable, but it had been brought to his attention that there was an outstanding order by the Minnesota Environmental Quality Council. He interpreted that the City. would be obligated to make an Impact Statement if this action was not taken at the present time. He said the City would have to respond with the statement or inform the Council that the City no longer intends to develop the golf course. Councilman Nee pointed out a third reason for this action at the current time, to be that the Metropolitan Counci7 was to hold a hearing on a proposed grant the following week and the staff had expressed interest in the naiure center and may consider the nature center in the grant. He said it would be prudent to take this action at the proper time to have this on record at the hearing. Councilman Nee went on to state that they would have to begin somewhere and he � believed discussion of the structure starting with negatiations would lead to a proposal. Ne said he wauld also like to give notice to people who have some interest in the statement toreceive some grants. He listed those who have previously expressed interest such as the County and var�ous school districts. He said he would like some negotiat-ions to begin with the administration. _ , � � r � � '. ' ' , I,� Councilman Breider said he would like to speak to the resolution. He said he could concur with the resolution with a few changes in the wording. He referred to the section number three and said he would like to insert the word "preliminary" before the word "aevelopment". He suggested alteration of the fourth statement by changing the word "negotiations" to "discussions", and also deleting "Springbrook Nature Center �oundation" and add, "interested groups and individuals. �also in this fourth statement, he suggested concluding the statement with, "and report back at the City Council Public Nearing, february 10, 1975". Councilman Breider said he would like to also add "local organizations" after "governmental units", in section number five. Councilman Breider said he felt the City of Fridley should have a say in the planning of the nature center, and this should be done in a timely fashion. Councilman Breider mer.tioned voting on the proposed resolution and questioned how many votes this would take to pass at the present time. The City Attorney indicated this would take three votes, a simple majority. Councilman Breider said if the two members abstain, and the three remaining vote in favor, this would carry the resolution and it could be forwarded. Councilman Nee said he would have no objections to the amendments suggested by Councilman Breider. fdOTION by Councilman Breider to adopt Resolution No. 126-1974 a resolution concerning the development of North Park, and instructing the administration to have the resolution published in the legal newspaper. Seconded by Councilman Nee. Upon a roll call vote, Mayor Liebl abstaining, Councilman Utter abstaining, Councilman Nee voting aye, Gouncilman Breider voting aye, and Councilman Starwalt voting aye, i�tayor Lieb] declared the motion carried, three ayes and two abstentions. The City Manager said Or. Nuff would work with any interested groups to formulate the plans for the nature center. He questioned if thz Council would want to take some action on allowing tours of North Park. He further pointed out that :his had been �, . � I.�\ �— �K� REGULAR COUNCIL MEETING OF NOVEMBER 18, 1474 PAGE 6 restricted by Council action in the past and he would like some action to change this if the Council wished this to be changed at the present time. � t�10TI0N by Councilman Breider to a11ow Dr. Huff, Natura7ist Resource Coordinator, to conduct tours of the North Park area. Seconded by Councilman Starwalt. Upon a voice vote, Councilman Breider voting aye, Counci7man Starwalt voting aye, Mayor Liebl abstaining, Councilman tJtter abstaining, and Councilman Nee voting aye, P�iayor Liebl declared the �. motion carried three ayes and two abstentions. �, RECEIVING THE MINUTES OF THE 13UILDING STANDARDS-DESIGN CONTROL MEETING OF NOVEMBER 7, CONSIDERATION OF A REQUEST FOR RELANDSCAPING AND FEP�CE WORK: LOCATED ON LOT l, _— ______.. .�. ��..-rr�� nnn�['� in. -ruG c�M� RFTNf, 76?_0 UNIVERSITY ��, ��„��.�,,,,,,,,, ,,,,,,,�...,. . -- - • MOTION by Councilman Breider to concur in the recommendation of the Building Standards-Design Control Subcommi'ttee and approve the request for the relandscaping and fence work requested by Frank's Nursery with the two siipulations suggested by the Subcommittee. Seconded by Gouncilman Utter. Upon a voice vote, all voting aye, tlayor Liebl declared the motion carried unanimously. COPJSIDERATION OF A RFQUEST TO CONSTRUC7 A NEW BUILDING TO BE USED AS A WAREHOUSE: inro-rFn nN �nTS lh AND 17. BLOCK 8, ONF16�dAY. 7NE SAME BEING 7791 ELM STREET,T� �� This item was tabled by the Subcommittee. CONSIDERATION OF A_REQUEST FOR LANDSCAPING: 'S SUBDIVISION The Pu61ic Works Director said his recommendation would be to concur with the recommendation of the Subcommittee. MOTION by Councilman Utter to concur with the recommendation of the Building Standards-Design Control Subcommittee and approve the request for landscaping by Edina Oi1 Company with the two stipulations recommended by the Subcommittee. Seconded by Councilman Starwalt. Upon a voice vote, all voting aye, Mayor Lieb1 declared the motion carried unanimously. h10TI0N by Councilman Utter to receive the minutes of the Building Standards-Design Control Sabcorr�nittee of November 7, 1974. Seconded by Councilman Starwalt. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. RECEIVING THE MINUTES OF THE BOARD OF APPEALS SUBCOMMITTEE MEETING OF NOVEMBER 12, 1974: A REQUEST FOR A VARIANCE OF SECTION 205,055, 2A,TFRIDLEY^CI^TY �ODa,��O OMIQRFHFFFT_ IHt JHivlt utl��u �� - �� ^��.�� " .._ ' nnQCDT RIIRf1TCK 1�?1F - 66TH AVENUE N. E. MOTION by Gouncilman Starwa7t to approve the request for the variance as requested by Mr. Robert M. Burdick, for 1316 66th Avenue N. E. to convert an existing attached garage into living quarters with no stipulations. Seconded by Councilman Breider. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. A REQUEST FOR VARIANCES OF: SECTION 205.134, 4, 62, FRIDLEY CITY CODE, TO REDUCE _ ---_.__.- �.,�... T�� nrnnrnrn �w t_rG7 Tfl '2R FF�T_ ANn LVIJ FRIDI i�l INN I i I _ ._ __._ . _ __ ._ . �D ON E., IS, � �� r � 4 # ;. ' � .;' � i ' ' � ':� � � r� � ¢ ; e� REGULAR COUNCIL MEETING Of NOVEMBER 18, 1974 PAGE 7 ]R5 The Public Works Director explained that this should be tabled until the Building Standards-Design Control �ubcommittee reviewed the matter. A RE4UEST FGR VARIANCES OF: SECTIOt3 205.053,_ lB, FRIDLEY CITY C4DE, TO REDUCE NG JLVJ liL1Y� • ) `�f ' , MOTION by Councilman Nee to concur in the recommendation of the Board of Appeals and approve the varance as requested by North Metro Construction for 7998 East River Road. Seconded by Councilman Starwalt. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. MOTION by Councilman Starwalt to receive the minutes of the Board of Appeals Subcomnittee meeting of November 12, 1974. Seconded by Councilman Utter. Gpon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. REC[IVING THE MINUTES OF THE ENVIROPlt��EidTAL t�UALITY COh1MISSION MEETING OF OCTOBER 5, 1974: ' � ' , r � ' � MOTION by Councilman Utter to receive the minutes of the Environmeri:al Qua.lity Commission meeting of October 15, 1974. Secorded by Counci7;nan Starwalt. Upon a voice vote, all voting aye, Mayor Liebl declared the mot:ion carried unanimously. Mayor Liebl asked if the meeting of the Planning Commission, Enviror.mental Quality Corrmission and Council was planned. The Public Works Director said there had been some discussion,late that day, but there is still some confusion on the day of the meeting. Mayor Liebl said he is opposed to the Chairman of the Environmental Quality Corrmission being seated on the Planning Commission. He added, this would have to be done by Charter change. P.ECEIVING THE MINUTES OF THE CITIZEN SIKEWAY COb1MITTEE MEETIPiG OF OC1'043ER 30, 1974: N10TION by Councilman Utter to receive the minutes of the Citizen Bikeway Corrmittee meeting of October 30, 1974. Seconded by Counci7man Starwalt. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. RECEIVING 7HE MINUTES OF THE CITIZEN BIKEWFY COMMITTEE MEETING OF NOVEMBER 6, 1974: MOTION by Councilman Breider to receive the minutes of the Citizen Qikeway Corrmittee meeting of November 6, 1974. Seconded by Councilman l7tter. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. CONSIDERATION OF NE4J TO'�lING COtdTRACT bJITH SHORTY'S TOWING: The City Manager said he recommended that the contract be approved. Ne felt with the suggested contract, the City would save from $5,000 to $6,000. ' Mrs. Schuur addressed the Council and said they had not signed the revised contract but would have the power of cancelling the contract if not pleased with it. She also said if they were not happy, it would also be possible to not sign the contract and a new one could be brought back to the Council. ' I^ � ' �� MOTION by Councilman Utter to approve the contract as recommended by the Administration and authorize the Mayor and City Manager to sign the contract. Seconded by Councilman Breider. Upon a voice vote, a71 voting aye, Mayor Liebl declared the motion carried unanimously. CONSIDERATION OF SUBMITTING CONTRIBUTION Ii� FAIR LABOR STANDARDS ACT IITIGATION: f•tOTION by Councilman Nee to receive the information from the League of Minnesota Municipalities concerning the Fair Labor Standards Act Litigation. Seconded by Councilman Breider. Upon a voice vote, all voting aye, Nayor Liebl declared the rrption carried unanimously. > ; � f f � � � 3 ; i � � t . � � � ` � s � , ; '�---�. , �_ _ � ; Z8� i �— REGULAR COUNCIL MEETING OF NOVEMBER 18, 1974 PAGE 8 CONSIDERATION OF A REQUEST BY CITY OF COON RAPIDS FOR JOINT POWERS AGRE�MENT: � The City Manager said he recommended that the Council approve the agreement. He briefly explained that this would allow the law enforcement officers to enforce laws on both sides of the street when the street is dividing two municipalities. He expressed the hope that this agreement would be instrumental in working out this type of agreement on a larger scale such as throughout the Metro area. MOTION by Councilman Breider t� concur with the recommendation of the Administration and approve the joint powers agreement with the City of Coon Rapids and authorize the Mayor and City Manager to sign this agreement. Seconded by Councilman Utter. Upon a voice vote, all voting aye, i�iayor Liebl declared 1:he motion carried unanimously. RECEIVING INFORMATION FROI�f INSURANCE SERVTCES OFFICE OF MINNESOTA REGARDING IMPROVED FIRE CLASIFICATION: MOTION by Councilman lltter to receive the information from the Insurance Services office of the State of P1innesota regarding improved fire classification. Seconded by Council- man Breider. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. CONSIDERATION OF AGREEMENT 4JITH GEORGE NICKLOW FOR RELEASE FROM LEASE OBLIGATION AT LIQUOR STORE AT 37TH AND EAST RIVER ROFlD: The City Attorney explained there had been a little trouble with the legal description of the property and this is the reason the map had been attached to-the agreement. Ne said this would be resolved before the deed is signed. MOTION by Councilman Utter to approve the agreement with George Nicklow for release from the lease obligation at the Liquor Store at 37th and East River Road. Seconded by Councilman Nee. The City Attorney said he wouid like it a matter of record that there is the amount of $7,000 for payment and settlement of the lease, not the full payment on the property. (Total price of property is $15,300, :�7,000 of which is earnest money and $8,300 on a contract for deed.) He said this action would include settlement of the lease and the future contract for deed payments on the property. UPON A VOICE VOTE, all voting aye, Mayor Liebl declared the motion carried unanimously. RESOLUTION N0. 127-1974 - SUPPORTING A RE-ENACTMENT OF GENERAL REVENUE SHARING: MOTION by Councilman Utter to adopt Resolution No. 127-7974, supporting a re-enactment of General Revenue Sharing. Seconded by Councilman Nee. Upon a voice vote, all voting aye, �dayor Liebl declared the motion carried unanimously. RESOLUTION N0. 128-1974 - REQUESTING ANOKR COUNTY 70 WAIVE THE PENALTIES AND INTEREST ON CERTAIN LOTS FOR TAXES DUE IN 1973: MOTION by Councilman Utter to adopt Resolution No. 128-1974, requesting Anoka County to waive the panalties and interest on certain lots for taxes due in 1973. 5econded by Councilman Starwalt. Upon a voice vote, all voting aye, i•layor Liebl declared the motion carried unanimously. FIRST READING OF AN ORDINANCE ABOLISHING CHIEF OF POLICE POSITION: I�i0TI0N by Councilman Breider to waive the first reading of the Ordinance and adopt the ordinance on first reading. Seconded by Councilman Utter. Upon a roll call vote, Mayor Liebl voting aye, Councilman Utter voting aye, Councilman Nee voting aye, Council- man Breider voting aye, and Counciiman Starwalt voting aye, i1ayor Liebl declared the motion carried unanimously and the first reading adopted. CLAIMS: GENERAL 37729 - 37968 LIQUOR 9327 - 9374 MOTOIN by Councilman Utter to approve the claims. Seconded by Councilman Breider. Upon a voice vote, all voting aye, Mayor Liebl declared the moi:ion carried unanimously. ;� s ; �, ; ti , _ _ _ 1.�7 ' , REGULAR COUNCIL MEETING OF N�VEMBER 18, 1974 PAGE 9 , , LICENSES: PLUMBING BY APPROVED BY Bob's Circle Plumbing Robert Schneider B. Sandin ' 52 East Road ' Circle Pines, Minn. 55012 � Citywide Plumbing & Heating Stan Northrup B. Sandin 2912 Bloomington Avenue Minneapolis, Minn. 55407 • , EXCAVATING . Betts Sewer & 4Jater Eugene Betts B. Sandin 19352 Jackson Street N. E. Cedar, Minnesota 55011 , � BLACKTOPPING U. J. Krone & Sons, Inc. Dennis J. Krone C. Belisle 2020 117th Lane N. E. Blaine, �iinn. 55434 HOUSE N0�'ERS � Dale Movers, inc. Dale E. Peterson 7816 Central Avenue N. E. Spring Lake Park, Minn. 55432 i GENERAI. CONTRACTORS ' R. J. Hagbert Cor�struction Russell J. Hagberg 1308 79th Avenue North • Brook7yn Park, Minn. 55444 ! CHRISTMAS TREE LOT (FEE $125, $100 deposit) 75th & University Ave. Gordon J. Aspenson Lt. 5., Blk. 2 CommErce Park 17 Rice Creek Way Fridley 280 Mississippi Street Ernest L. Fitch 250 57th Avenue 755 53rd Avenue 5300 Central Avenue 7620 University Avenue EMPLOYEE DISPENSING (FLE $5.40} Beate I Ahlers 2782 17th St. (J. W. Catherine E. Nnderson 7137 Morgan Avenue Td. Jeri M. �etland 7149 Morgan Avenue N. 1121 Oak Lane Circle Pines Gopher Evergreen 7372 Landau Drive Bloomington Frederiek Latzig Route 2 Merrill, Wisc. Dennis Neu6auer Frank's Nursery Shorewood Inn Shorewood Inn Shorewood Inn f . C. Belisle � ' t � ; + f ! { Y , ; C. Belisle � � . ` � , � S � � , j a . . t a t � Deputy Fire Chief � � �� i � Deputy Fire Chief # � � 1 Deputy Fire Chief ; � ( Deputy Fire Chief ' t � � 4 Deputy Fire Chief 3 3 Deputy Fire Chief ` � � m f Public Safety Dir. Public Safety Dir. Public Safety Dir. � _ _ . _ __ _ ___. __ __ _ ---� 1�R REGULAR COUNCIL MEETING OF NOVEMBER 78, 1974 LICENSES (continued) EMPLOYEE DISPENSING BY Rosina E. Chaffe Shorewood Inn 2244 Pike Lake Drive New Brighton Mary E. Christensen Shorewood Inn 257 99th Avenue Blaine Patricia A. Ctvrtnik Shorewood Inn 1560 Ferndale Ave. �d. E. Roger D. Gearnart Shorewood Inn 904 W. 6urke Ave. Roseville Sandra L. 6earhart Shorewood Inn 5041 5th Street N. E. Irene R. Gustafson Shorewood Inn 8050 Central Avenue Spring Lake Park Ann F. hlankel Shorewood Inn 1248 Nighview Drive Jean C. Hanson Shorewood Inn 1551 County Road H Muriel J. Micklin Shorewood Inn 868 66th Avenue N. Constance M: i�lunson Shorewood Inn 718 lllth Avenue N. E. Blaine Teresa A. �9urphy Shorewood Inn ]1933 Terrace Road Blaine 4Jendy J. Muynes Shorewood Inn 1381 75th Avenue N. E. Fridley Carol M. Neinkerk Shorewood Inn 1270 Gibbs Avenue St. Paul Kathleen P. Nutter Shorewood Inn 557 22ist Avenue N. W. Cedar Judith A. Olson . Shorewood Tnn 7300 Cartisian Avenue N. Sue E. Pappas Shorewood Inn 7206 Indiana Avenue N. Linda L. Perkins Shore��ood Inn 10638 Quincy Blvd, Elizabeth A. Rixen Shorewood Inn PAGE 10 APPROVED BY Public Safety Dir. Public Safety Dir. Public 5afety Dir. Public Safety Dir. Public Safety Dir. Pubiic Safety Dir. Public Safety Dir. Public Safety Dir. ,r Pablic Safety Dir. Public Safety Dir. Pub7ic Safety Dir. Public Safety Dir. Public Safety Dir. Pub7ic Safety Dir. Public Safety Dir. Public Safety Dir. Public Safety Dir. ' i Pub7ic Safety Dir. 1 1260 Highway 100 N. E. , � Kathleen E. Soular Shorewood Inn Public Safety Dir. ]544 87th Avenue N. E. �� Flaureen C Sullivan Sh r wood Inn Public Safety Dir. • oe • 1200 Highway 100 I I � � { � i � a ; ''s , � ' ,� t � i '' '� 1 l�u : � I i ; REGULAR COUNCIL MEETING OF NOVEMBER 18, 1974 PAGE 1 LICENSES (continued � E(�1PLOYEE DISPENSING BY APPROVED BY Bonnie Jean Tunsky Shorewood Inn Public Safety Dir. 4000 Hayes Street Wanda L. Wagner Shorewood Inn Public Safety Dir. 3413 Edwards Street Barbara C. Walch Shorewood Inn Public Safety Dir. 6407 Camden Avenue N. Ann L. Williams Shorewood Inn Public Safety Dir. 5760 Hackmann Avenue N. E. Dona Jean la�oltering Shorewood Inn Public Safety Dir. 7341 Tempo Terrace CIGARETTE Tire City Inc. Rodger Wedell Public Safety Dir. 5333 University Avenue Fridley _ FOOD ESTABLISHMENT Tire City, Inc. Rodger Wedell Health Inspector 5333 University Avenue SERVICE STATION Tire City Inc. Rodger Wedell Building Inspector 5333 University Avenue Deputy Fire Chief MOTION by Councilman Utter to approve the licenses. Seconded by Councilman Nee. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. CONSIDERATIOfd OF A REQUEST TO OCCUPY A HOUSE 7RAILER AT 6070 CENTRAL AVENUE N. E., Council�r�an Starwalt said he had visited this location and talked to the person making the request and felt under the circumstances with the recent death in the family, this would be in orde►• to approve at the present time. I�10TION by Councilman Starwalt to approve the request to occupy a Nouse Trailer at 6070 Central Avenue N. E. Seconded by Counci7man Nee. The City Manager explained that this license would expire in April of 1975. He explained that this is the date that all of the permits expire. UPON A VOICE VOTE, all voting aye, Mayor Liebl declared the moti�n carried unanimously. ESTIMATES: Peter Lametti Construction 615 Drake Street St. Paul, Minnesota 55102 PARTIAL ESTIMATE �2, for Sanitary Sewer Improvement 58,910.01 Project No. 113, Central Avenue Relief Sewer � Comstock and Davis, Inc. 1446 County Road "J" Minneapolis, ��linn. 55432 For furnishing resident inspection and resident supervision for the staking out of the following construction work; __.._. . __ : a � � �, f � , � j � t i r � � , 9 �, _ .___ __----.__ -- ___ ______--- r-.—_.___. . ��- RE6ULAR COUNCIL MEETING OF NOVEMBER 18, 1974 ESTIMATES (continued): PARTIAL Est. #5 for Sanitary Sewer & Water Improvement Project No. 115 from September 30 through November l, 1974 PARTIAL Est. #8 for Water Improvement Project No. 109-B from September 3D through November 1, 1974 PARTIAl. Est. #2 for Sanitary Sewer Improvement Project No. 113 from September 30 through November l, 1974 PARTIAL Est. #10 for Sanitary Sewer, Water and Storm Sewer Improvement Project No. 174 Carl J. Newquist Smith, Juster, �eikema, Haskvitz & Casseriy Suite 1250 Bui7ders Exchange Building Minneapolis, i%iinnesota 55402 For Prosecution work rendered during October, 1974 Virgil Herrick Weaver, Ta17e & Herrick 316 East Main Street Anoka, Minnesota 55303 For services rendered during October, 1974 PAGE 12 $ 922.83 14.52 2,274.16 274.]0 1,455.50 1,196.25 MOTION by Councilman Nee to approve the aforementioned estimates`�for payment. Seconded by Councilman Breider. Upon a voice vote, a71 voting aye, Mayor Liebl declared the motion carried unanimously. � CONSIDERATION OF SCHEDULING FIRST MEETING IN JANUARY: MOTION by Councilman Nee to set the first meeting in 1975 for the first Monday or January 6, 1974. Seconded by Counci7man Breider. Upon a voice vote, all voting �' aye, Mayor Liebl declared the motion carried unanimously. i a !� CONSIDERATION OF SCHEDULING 1975 HOLIDAYS: , % MOTION by Councilman Breider to adopt ihe holiday schedule with the guaranteed holidays � as listed and adding the day after 7hanksgiving, November 28,�1975, and Christmas j Eve, December 2�4, 1975, and not New Year's Eve. Seconded by Councilman Starwalt. Upon a voice vote, Mayor Liebl abstaining and Counci7man Utter abstaining, Mayor Liebl declared the motion carried three ayes and two abstentions. COMMUNICA7ION: MRS. FiELEN TREUENFELS: RESIGNATION FROM BUILDING STANDARDS-DESIGN CONTROL SUBCOMMITTEE: ��IOTION by Gounci7man Breider to receive the resignation from Mrs'. Helen Treuenfels from the 8uilding Standards-Design Control Subcommittee dated October 9, 1974. Seconded by Councilman Utter. Upon a voice vote, all voting aye, Mayor Leibl declared the motion carried unanimously. SUBURBAN RATE AUTHORITY: REORGANIZATION: MOTION by Councilman Utter to receive the communicat9on from the Suburban Rate Authority concerning reorganization and dated November 18, 1974. Seconded by Councilman Starwait. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. RECEIVING APPLICATION FOR APPROVAL OF ON-SALE LIQUOR LICENSE FOR KING CHALET: REQUEST MOTOIN by Councilman Utter to receive the communication from Mr. Wyman Smith, Attorney for Mr. Saliterman, and set a Public Hearing for December 9, 1974. Seconded by Councilman Nee. The City Attorney advised the Counci7 that the procedures as set in the ordinance would �' i �' 0 � ; � � r� � � � !. r s,,. REGULAR COUNCIL MEETING OF NOVEMBER 18, 7974 _ _ ._._ ____ PAGE 13 X91 require some investigation on the part of the Public Safety Director along with other concerns. Fle read this portion of the ordinance. The City Attorney said he did not know if these procedures could be accomplished in this length of time. i�ir. Wyman Smith ad�ressed tne Council and indicated that this length of time may be needed to investigate a stranger to the City, but Mr. Salitern�an had been a long time businessman in the City and his �ealings are known to the City. Ne explained that the place of business haci been ��acant since last spring and when the possibility of obtaininy a license was questioned, Nir. Saliterman was told that this may be possible by Christmas if the referendum favored the issuance of additional licenses. The City Attorney said he felt this could be done. He stated that the two time periods as noted in the ordinance could run concurrer,tly. Mr. Wyman Smith said this had been his thought. The City Attorney expressed the belief that 20 days would be sufficient. 7he City Attorney said the Gpplicant had not determined wha the manager of the operation would be and this would have to be determined and the person investigated before the license could be issued. Fie added, ti��e City would have to have ample time to check this person out. Counci7man Breider said that the City Counc�il would need to know how the inside of � the structure would be decorated before issuing the license. He pointed out that . � this had been required of every other business in which a liquor license had been issued and it would not be any different in this case. Nr. Smith said these statement re-enforce what he had been advising Mr. Saliterman of and h e wou1d advise him of the Council's wishes. ' UPON A VOICE UOTE, al7 voting aye, Mayor Liebl declared the motion carried unanimously. RECEIVING PETITION id0. 24-1974 - REQUESTIP�G THE IN$7ALLP,7ION OF A STREET LIGHT ON THE EAST END OF 1d00DSIpE COL'RT: i�10TI0N by Councilman Starwalt to receive Petition No. 24-1974, requesting the installation of a street light o� the east end of Woodside Court. Seconded by Counci1man Breider. Upon a voice vote, all voting aye, Mayor Liebl declared the n�otion c�rried :ananimously. QUESTION BY MR. DRIGANS, PLIINNING COi�IMISSION, ON JQI�T P4EETTNG DATE: Mr. Jrigans questioned when this meeting �ad been set by the Council. He explained that the Planning Co��mission had met that evening and planned to meet again on the coming 4lednesday evening and favored the joint meeting be on 49ednesday to eliminate the need for the Planning Comn�is�ison to meet three nights in a row. Mr. James Langenfeld, Chairman of the Environmental Quality Commission said his committee had requested that the meeting be held on Tuesday evening. Mayor Liebl said fie would not aztend the meeting, ne would like the newly elected members of the Council and those with continuing terms to attend. The concensus of the Council was that those members able to attend the meeting the following eveing would do so and after this, they would determine if they would attend the meeting the following evening with the Planning Commission. ADJOURNMENT: ' MOTION by Councilman Breider to adjourn the meeting. Seconded by Councilman Nee. ' Upon a voice vote, all voting aye, i•tayor Liebl declared the motion carried unanimously and the Regular Meet�ing of the Fridley City Council adjourned at 10:05 P.i�i., November 18, 1974. ' Respectfully submitted, ' Pat Ranstrom Frank G. Liebl Secretary to the City Council Mayor i. •�� .�•. � � a , ' The Niinutes o� the Board of Apneals 5ubcommi�tee Meeting of October 15, 1974 � Chai.rmari Drigans noted that Lots 28 and 29 ar.e both 25 foot lots and the two that Mr. Barker own are both 30 foot lots. This �aould make 110 feet if they were cotnbi n ed . Mrs. Gabel asked Mr. Barker if h� would be wilZing to buy the adjoining lots if , he could get them. Mr. Barker sai.d he didn't think so because his buyers for the house do not want a garage ar;d with that big of a lot, it is required to build a garage. ' Mr. Crowder asked P"s. Nas�n if he wauld be willir_g to buy the lots and then sell 10 ieet ta b9r. Barker to give him the minimum lot area. Mr. Nason said he �7ou].d if t�i� price �ti�as right. Nir. Nason added he did not want to see this house ' 8 feet above liis house. Mr. Barker said he thought. he would go with the water- proofing requirements, if possible, rather thaii the high elevation. , ' Chaixman Drigans stated the Board's policy has been to deny the variance when the?-e is additional property to acquire. fie said some agreement could be worked out bet��een P�ir. Barker and bir. Nason and the owner of Lots 28 and 29. �:e added a denial of this variance would require the applicant to wait 6 months before coming back to i:he I3oard with the same request. rir. Plemel stated th�t it r.iight be more feasible to see if a building�permi� ' could be issued on this 1ot and i� Mr. Barker could�comply with all the flood plain requ�xements before acting or. the varianceo bir. Barker said he would agree with this and would pre�er the Board to tabye the item. ' ' ��1' _, .� 7 . � ' ' ' ' � � MOTIQN by Cro�ader, seconded by Gabel, to table this request until the petitioner comes back with more infoYmation on the adjoining lots (Lots 28 & 29) and with infc�rmation on ��hat tias to be done to comply with the flood plain rer,u�aticns. Upon a voice vote, �.here beinc� no nays, the motion carried. Chairman Dr�gans stated he want�d notices mailed out again on this ite.�, when the petitioner is ready to come back be£ore the Board. . " A I'.I�;�jUEST FOR A VARIAIICE OF SECTION 205,053, 133, FRII�I�FY CITY CDDE, TO REDUCE '?'L?r MINJT.�iUP�i J�JT �Rrt1 REOliTRrD. OIQ A PI.lT P..EC�?'v�rD BE�ORF uEC�""3ER �9: 1�5�, Fn^:? 7��°!? ��r � �yin• ir�. `�L� -�t: ;',T`,T "n-,-• �4�jti U7�F2E E'FL'T TO 735�. �1 S;�LrIr.E 't t_ R', TO r�� .,0,7 TT-I CO�IS_ t:CT ,��1 ��_ � i_ Ll_v� LOTS 27 A;ID 2t�, BLLCK 11, SP??l_.v F',??�� :� `_?� ��DT I�� Tu~' c';F' ~ :0 `�� O .?2.'� T O�� ..,A. �EIi�� 2� �T�' STRI�T'T ;1.L�. � F'RTDLFY� ^�,Iiv:�i:;�0i^11. {?;;;?t?rc� ny rjCr�lg ;�£,�l`?�O CGDISTRUCTI0�1� IYvC. � 52�3 CEt1TRflL AV ::dUL r3.E. , i•ITi7idi:APOL,IS, _•IT:S:�1�:SdTr'\. ) Mr. Dennis Barker was present to present the xequest. MOTION bs� Plemel, seconded by Crowder, to waive reading the public hearing no�ice. Upon a voice vote, there being no nays, the motion carried. Mr. Crowder. asked if the alley along the back lot line has been vacated, because it it was, he would have enough lot area. bir. Mattson said the alley has not been vacated. Chairman Drigans read a letter from Mr. Edward Bishop, 212 Ely Street N.E., which stated his objections to the variance. � MOTION by Crawder, secondcd by Plernel, to receive the letter from Mr. Bishop. Upon a voice vote, there being no nays, the motion .^.arried. The Minutes o£ the Board of Ap�eals Subcommittee Meeting Of October 15, 1974 Mr. Barker said he plans to build a 24 toot by 40 foot dwelling with a garage. 1 A Ne sa�_d he could fit the structure on the lot without additional variances. MOTION by Crowder, seconded by Gabel, to close the public hearing. Upon a voice vote, there being no nays, the motion carr.ied. MOTION by Crowder, seconded by Gabel, �o recommend to the City Council, approval of the variance. Upon a voice vote, there being no nays, the motion car.ried, ADJOURN:dEI3T : The meeting ��as adjourned by Chairman Diigans at 11:00 P.M. Respectfull.y submitted, �`�� ` - `' � �l l �! . � �. 1�L � ,>� . . . . . 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', ' r i, i , _,_ � . � - -�r-`` � - �=! W �, ,--�; a��;��:i�-�r- P � . _ / �;. , � �,� s ORDINANCE N0. � AN ORDINANCE ABOLISHING THE OFFICE OF CHIEF OF POLICE _ THE CITY OF FRTDLEY DOES ORDAIN AS FOLLOWS: That the office of the Chief of Police of the City of Fridley is hereby abolished and that the duties of said office are assigned to and combined with the duties of the Assistant City,ManagerJPublic Safety D :rector . � PASSED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY, THIS � DAY OF N �Fwn�.�t, 1974. �x"'"` ''` V"`` t.. - } - MAYOR ATTEST: CITY CLERK First Reading: November 18, 1974 �c-- Z,f�S� � � � � � � �� 2 ORDINANCE N0. APd ORDINANCE TO AMEND TNE CITY CODE OF THE CITY OF FRIDLEY, MINNESOTA BY MAKTNG A CHANGE IN ZONING UISTRTCTS The Council of the City of Fridley do ordain as follows: . SECTION 1. Ap�endix D of the City Code of Fridley is amended as hereinafter indicated. SECTION 2. The tract or area within the County of Anoka and the City of Fridley and described as: Lots 11 through 2I, and Lots 28 through 35, Block 4,Spring Brook Park Addition, lying in the South Half of Section 3, T-30, R-24, City of Fridley, County of Anoka, Minnesota, � Is hereby designated to be in the Zoned Qistrict known as R-� (single family dwelling areas). SECTION 3. That the Zoning Administrator is directed to change the official zoning map to show said tract or area to be rezoned i'rom Zoned District M�-1 (light industrial areas� to R-1 (single family dwe1ling areas). , PASSED BY SHE CITY CQUNCIL 0� THE CITY OF FRIDLEY THIS DAY OF , 1974. �J MAYOR - FRRNK G. LIEBL ATTEST: , CITY CLERK - MARUIN C. BRUNSELL Public Hearing: November 18, 1974 ' First Reading: Second Reading: Publish........ � , ' � �. �, .. .. _ .. . .. . . ,� .. . � .\�\ � . � � 1 ♦ M � h �� I � 2 2 243 2t8 Z 2 ., (�. 3. 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AN ORDINA�VCE UNDER SECTION 12.07 OF THE CITY CHARTER TO VACATE STREETS AND ALLEYS AND TO AMEND APPENDIX C OF THE CITY CODE The Council of the City of Fridley do ordain as follows: SECTION 1. For the vacation of a portion of a utility easement des- cribed as follows: � All that portion of an irregular strip of land lying within a l5 foot utility easement at the rear of Lot 12, Block 5, Rice Creek Plaza Addition, lying South of the North line of said Lot 12 and adjoining the Wester1y line of said 15 foot utility easement described as follows: Commencing at the Northeast corner of said Lot 12; thence 4Jest along the Ncrth line of said Lot 12 a distance of 11.50 feet; thence South and parallel with the West line of said Lot 12 a distance of 8.40 feet to the point of beginning; thence continuing along said parallel line a distance of 24.70 feet; thence West and para�lel with the North line of said Lot 12 to the Westerly line of said 15 foot utility easement; thence Northeasterly along the Westerly line of said 15 foot utility easement to a point 8.40 feet South of the North line of said Lot 12; thence East and parallel with the North line of said Lot 12 to the point of beginning, Al1 lying in the North Half of Section 12, T-30; R-24, City of Fridley, County of Anoka, Minnesota, be and is here6y vacated, SEC?ION 2. The said vacation has been made in conformance with Minnesota Statutes and pursuant to Section 12.07 of the City Charter and Appendix C of the C?ty �ode shall be so amended. PASSEt7 RY THE CITY COUNCIL OF THE CI7Y OF FRIDLEY TNIS DAY OF Ai'1'EST: 1974. ' CITY CLERK - �1ARVIN G. aRUNSCLL ' � ' MAYOR - FRANK G. LIEE3L Public Hearing: tdovember 18, 1974 First Reading: Second Reading: Publish........ 4 �` .. . � � r ! . Y l,. � :��> .l . � ; : ,i �j , .'� �..,�' �._ �� 6� � ��° ��l ' ��i ' i;�r�"X `'�� ' A � "S '� ~ �.� .',,,' - ��, ( �� `�j�, �� .' � � �� SAV #74--04, J'erry Guimont ��. � %F� � � a..� �',' �.�,,�� 5�"�� `�,.�'�,�� ` . ��; + , Vacate a portion of a, 15' easement ;�,o�� , ��30�' C�"�� .;,� �� ` ,,,�- for a garage addition �:=�:T.;-:.�. , , , � �... ,i'` �j� � =. �, ,�.•_ , °• � / •:• ;,h'` e6. . /� ' .4 c- � , � % � �'r . ` >> > `,i� ss.v� �i� �� .n�^, • Yn . 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L�"`.,.� rt�'�Si'� i i2c? cj.��CT� i:: �iZ�at pr�r.�.�'� '`' i. s".°�.. `2 �`' ��t �;'77.�.�. i.?`.'. �'iii^/.'>i�x U�'� G`L1a '"+ i'a' �t�, c.tr7'� }� r �,. i� i2t,.� ?7�. ia� c , � y .�...i.._ �. ��a :i. EL" � 2�:.�2:�.l1 t, � IaE'�.l` .`-.�`r'r�y€'s�'c`�� `t^: f..'E'ii.:� � � �� [J � TS/1:W CCr i�c�nara'��.,} � �3�-�m�tnv �•. Bre�r��r �?�r�c�r�.�1e t-�z.�Iir�n .,T. %ee ' I3�nor�bl� i�,�Iiac� �. 5t�rwal� �Io�ar4;�le Evere�t F. Ut�c�r ' San�xely � -s, / � -''�tc.o ,lfv �.'c• y�� ilustcr �riE.'�ci�. i-i311cia0Y t7asim 4ureshi Virgzl C. f�errick ..l'an�e� B. Goe�z P�ber�. li. Hink].ey �� I �! � � ' ' i ' MEMO T0: MEMO FROM: �A7E: REGARDING: NASIM QURESHI, CITY MANAGER PETER HERLOFSKY, AqMIrdISTRATIVE ASSISTANT NOVEMBER 26, 1974 CABLE TELEVISION I have checked General Television's Office to find out whai information they have concerning other communities televising their Council meetings. The information I have received is as follows: 1. Brainard, Minnesota presently has their Council meetings ta�ped. They have one camera in th,�ir Council meeting and the Council meet-ings are played back at a later date due to schedu7ing problems. � 2. llubuque, Iowa presently has . live. They have one camera Council meetings. � ' � their Council meetings recorded and a couple of lights in their If the City of Fridley decided to go a1ong with having the Council meetings recorded 1ive, General Television would lik� to have at least two cameras present at the mee�ing and a couple of additional lights. The telecast would be in color an� portions�of the me�ting would be recorded on tape for use on their local newscasts. The time alldcated for the Council meetings would need to l�e paid for to offset the cost for Genera7 Television and commercials would be spaced throughout the meeting. � If Council did approve the idea that the Council mee�ings be recorded, the earliest starting point would be the last meeting in December and a more practical starting time would probably be after the first of the year. If further information is needed, it might be more appropriate ' that we would contact the Mayor of the City of Dubuque and talk to him persanally over ihe phone requesting his comments concerning the effects of this type of programing. � PJN/pr � � � SA � ' �: �._ . , � ' r ' �i , �, , 1 CITY OF FRIDLEY PLANNING COMMISSION MINUTES NOVEMBER 6, 1974 PAGE 1 6 CALL TO ORDER: Chairman Fitzpatrick called the meeting to order at 8:05 P.M. ROLL CALL: Members Present: Fitzpatrick, Harris, Lindblad, Blair, Drigans Members Absent: None Others Present: Thamas Colbert, Assistant Engineer APPROVE PLANNING COMMISSION MINUTES: OCTOBER 23. 1974 � � MOTI�N by BZaix, seconded by Harris, that the Planning Commissio�r approve the minutes af the October 23, 1974 meeting as written. Upon a voice vote, a1.I vo�ing aye, the motion carried unanimously. RECEIV� AUILDING STANDARDS-DESIGN CQNTROL SUBCOMMTTTEE MINUTES: OCTOBER 24, 1974. ' MOTION by Harris, seconded by Drigans, that the Planning Commissio �eceive the minutes of the Bui�ding Standards-�Design Control Subcommit- tee meeting of October 24, 1974. Upon a voice vote, a11 voting aye, the motion carried unanimously. ' RECEIVE PARKS & RECREATION COD�'IISSION SUBCOM1�iSTTEE MINUTES : OCTOBER 29, 1974 , , r [ _l � ' � ' MOTION by Blair, seconded by Drigans, that the Planning Commission receive the minutes of the Parks & Rec�eation Corimmission Subcommittee meeting of October 29, 1974. Upon a voiee vote, a11 votinq aye, the motion carried unanimousZy. RECEIVE ENVIRONr'iENTAL QUALITY COMMISSION MINUTES: OCTOBER 15, 1974 MOTION BY Drigans, seconded by Har.r'is, that the P.Zanning Commission receive the minutes of the Environmental Quality Commission of October 15, 1979. Upon a voice vote, aZ1 vating aye, the motion carried unanimously. Mr. Drigans asked that the motxon made on page one of these minutes that there be a joint meeting of the E.Q.C. with the City Council and Planning Commission on November 19, 1974 be added to the end o� the agenda and discussed then. I2�CI:xVE LETTER FROM VIRGIL HERRICK TO DARR�L CL1�RK, DATED OCTOBER 29, 1�7d MOTIDN by Drigans, receive the letter from 29, 1974. Upon a voice unanimously. � seconded by B1air, that the Planning Commission Virgil Nerrick to D�rrel Clark, dated October vote, a.�1 votinq aye, the motion carried ' • � ' . ' L� 1 ' ' ' ' �� ' , , ' � �� ' I� � I� , • � Plannin Commission �eetin - November 6, 1974 Page 2 l. CONTINUED: PUBLIC HEARING: CONSIDERATION OF A PROPOSED PRELIMINARY PLAT, P.S. tt74-06, ZANDER'S 1ST ADDITION, BY DAILEY HOMES, INC.: A replat of Lot 3, Auditor's Subdiv.ision No..92, except the North 169 feet of the West 164 feet tiiereof, located South of 61st Avenue N.E. between Benjamin Street and Mc Kinley Street N.E. Public Hearing closed. Chairman Fitzpatrick said one of the reasons this item was continued was to have the survey discrepancy checked out. Mr. Colbert said we had aur survey crew check the survey and we concurred with the survey done by Dailey Homes. The discrepancy we found in Mr. Korin's suxvey was not in the boundary line�,_�but in the setback to his house. Mr. Drigans said there are people in the audience on this proposal, so he thought the Public Hearing should be reopened. MOTXON by Drigans, seCOnded by HaTris, that the Planning Commission re-open the Public Hearing on the consideration of a proposed preliminary p.Zat, P.S.#74-06, Zander's Zst Addition, by Dailey Homes, Tnc. Upan a voice vote, a11 voting.aye, the motion carried unanimous.2y. Mr. Ken Korin, 6051 Benjamin Street N.E., said that he would assume that when the City surveyed his North property line to put the retaa.ning wall in, they made a mistake in the survey, was this correct? � Mr. Coll�ert. said this is a different matter in hand• When the City put the street in, the street was shif ted to the South. In order to have room for snow removal, the wall was shif ted two feet into Mr. Korin's yard, Mr. Korin said there was no easement given for this wall to be on his property. He asked if the City surveyed his property at the time this street went in. He said the City told him at that �ime that they did survey his property and were putting the retaining wall right on his property line. Mr. Colbert said they didn't survey it as such, they went by the survey Mr. Korin had registered with the City. Mr. Korin asked how they could use his survey �ahen there weren't any stakes there. Mr. Colbert said it was a combination of'his survey and using the section line. Mr. Korin said the City survey must have the same error as the surveyor of his praperty had made. Mr. Colbert said the City didn't make an error.. The street was put in the right of way, the only problem was that the retaining wall had to be moved 2 feet to allow for snow removal. Mr. Korin asked if it was common practice �o run a street 5 inches off from a person's property line? Mr. Colbert answered that this was not conunon practice, but this was not a common street. Mr. Korin said tha� when the street was pui: so close to his property line, �here must be an error somepl�ace, but Mr. Colbert said there wasn't an error, aiid this was something he couldn't understand. � ' ' � � ' � ' � � � � • � Planning Commission Meeting - November 6, 1974 Page 3 Mr. Korin told the Planning Commission that he had received a letter from the Cit� at the time the street and retaining wa11 were going in, and th�s letter stated that the wall would be pn his property line. Mr. Colbert said this was the proposal, but the decision was made in the field when the street went in that the wall would have to be moved in from the curb. The wall was placed in relationship to the curb and not the property line. Mr. Korin said then evidently the City didn't do what it said it was going to do. Mr. Colbert said that it was changed from the proposal mentioned in the letter. � Mr. Korin said he didn't want to belabor the point, and if the survey an the proposed plat was accepted as the correct survey, he would accept it also. He wou].dn't be losing any property because of this survey, and the City was going to have the problem because he was going to move the wa11 out to his property line, which would make this wa11 5 inches from �he curb of the road. He said the City created the problem when they built the street so close to his property line and not J_eaving room for snow removal. Chairman Fitzpatrick said he would agree th�.t Mr. Korin had a problem, and he would have to pursue that in any way that he saw fit. Mr. Harris asked Mr. Colbert how much right of �aay there was far 6�st Avenue at this location. Mr. Colbert said there was a 30 foo� right of way and the street itself is 26 feet back of curb to back of curb. Mr. Harris said there had been a Zot of discussion on this street in considering this plat. This is a substandard street and he couldn't understand why the City put the curb in at all. Mr. Hdrris cantinued that there was 5 inches on Mr. Korin's side of the street and only 32 £eet on the other side af the�street which isn't enough for snow removal. Mr. Harris said he questioned the advis- abi2ity of what the Engine�ri.ng Department had done on this street as a whole. Mr. Drigans asked Mr. Korin if his surveyor had met �ith the ' Dailey Homes surveyor� or if either of them had met with the City surveyor? He said that the Planning Commission had requested at their last meeting that this be resolved among the surveyors, and 1 Mr. C1ark taas also going to check to see if this was a legal matter al.so. Mr. Colbert said the.City felt that this was a legal matter between the two parties concerned. Mr. DeWayne Olson said he was � a consulting engineer working on this plat, and he understood that the surveyor had contacted Darrel Clark and there wasn't any probl�m with the survey of the plat. He had thought the survey discrepancy was in the 5 feet being added to Mr. Korin's property. He said their , surveyor and Mr. Korin's surveyor,Cartwright& Olson, could get togethe on these surveys. „ ' Mr. Olson said that as far as the other alterations the Planning Commission had asked to be shown on the proposed plat, they do now show the three to one slope on the South praperty line, which is / causing somc problems. They have changed the street dedication for 61st I�venue from 25 fee� to 20 feet so that Lot 6 can meet the corner lot front foo�age requirement. Mr. Olson said the elevation of the i �. 1 ' ' �J � ' ' � � � � 6C Planning Commission Meeting - Navember 6, 1974 Page 4 catch basin that we are ty�_ng our storm sewer to, was on the p�at according ta the 'as builts', but they are apparently in error, slightly. We are looking at a slightly higher inlet elevation. Mr. Olson said there was a.4� slope which in a 12 inch pipe should maintain 3 feet of flow per second. Mr. Olson said the pipe would be lowered to 940.9 because Mr. Korin's patio elevation was 942.12. Mr. Korin said he would like someone from the City to assure him that this pipe was going to handle all the water, even in extreme conditions, so we wouldn't get water in his basement. Mr. Colbert said that if Mr. Olson's calculations were right, this should take care of the water. Mr. Korin asked what he could do if it didn't? He said that this pipe didn't take care of any water now. Mr. Olson said this had just been stubbed in before, and it wasn't meant to take care of the water. Mr. Blair asked Mr. Korin what kind of soil was in this area. Mr. Korin said he had sand, but they would be filling in the big �ole, that toak the water now, with clay._ Mr. Korin asked where this pipe was located on the plat. Mr. Olson said it was 5£eet in on Zander's property, and the end of the pipe was quite near the surface. Mr. Korin said it would be very easy for this pipe to freeze up in the winter time. Mx'. Olson said that it quite definitely would, and he would be the lat one to propose a back yard storm sewer. Mr. Korin asked what he was supposed to do during a 3anuary thaw or in the early spr�ng when all the water was coming and this pipe was froze up. He asked Mr. Olson why some of the drainage couldn't go to Mc Kinley Street. Mr. Olson said it wouldn't flow that way because there�isn't enough fa11 in the elevation_ Mr. Harris asked if the grade was going to be three to one on � the South property line. Mr. Olson said that was the way it was drawn on the plat, but in arder to make these lots buildable, tiley would rather go wit?� terracing. There was a 124 grade on Benjamin , Street, which was twice wha.t the City Co�e allows, and then the house South of the plat was 8 feet above the street;: so this on�y adds to the problem. � Mr. Olson said they would be encraaching on Mr. Korin's property to put in a swale so that some of the surface water overflow could go out to 61st. Mr. Rorin said he had agreed to a l� foot ' cut on his property, from the bank, on, but he didn't want it to be more �han that. , Mr. Dri�ans said he was worried about so close to the surface. Who's going to be pipe being opened when it was frozen shut? the drainage pipe being responsible for this � ' Mr. Korin said he couldn't imagine the Planning Commission approving a plat that they knew wasn't good. He said he has lived at his present lbcation for 18 years and knew how much water there ' was in ttie spring and after a heavy rai.n. iie said thei�e would be water standing all over if that culvert froze, and evei'yone knew it would �reeze. ' ' , � � � ' � f � Planning Commission Meetinq - November 6, 1974 Page 5 Mr. Harris asked about having a pipe going out to 61st. Mr. Olson explained that since there is no starm sewer on 61st, it would have to be a surface outlet az�d you would still have a freezing situation to contend with. Mr. Korin said this wouldn't help his problem eithex, because of the elevations. Different alternatives were suggested by the Planning Commission but when Mr. Colbert got the"plans for storm sewers in the area, he 5aid it was sur�aced drained on 61st from Benjarr►in to Stinson Boulevard. Mr. Olson said that when this drainage pipe to Benjamin was functioning, it would handle all the water. The fact that it was shallow at an inlet instead of an outfall would at least make it easier to thaw out and there wou].d be a better chance of the water flowing. He said this was a tough situation. We have a com- bination of an area.•that was too low (it's way_below the street), with a very sever_e grade situation on the street, combined with an existing building that is 8 feet above the street. - ' Mr. Drigans said he didn't buy the solution given for the drainage problems. We have to protect the two existing properties on either side of this plat. We still have a survey problem and ' the problem of the street. Chairman Fitzpatrick said there are drainage problems, but the survey problem is a legal one and couldn't be settled by the P1.anning Comr�tission. , Mr. Korin said the City told his wife that the Dailey Homes survey was correct. � Mr. Drigans said there are 5t�ii two official surveys that do not agree. If Mr. Korin wanted to sell his proper_ty and the lending institution asked for a.�aiid survey, and it came to lighi� that there ' were surveys that did not agree, this could cause a problem in the sale of �lze prop�rty. � LJ �� Mr. Korin asked if this pl.at was appraved, would they be in effect, approving the survey as shown on the plat. He said he was not objecting to the survey,'if the City says that this is the correct survey, then that`s fine, but this was the survey he would use a1so. Mr. Fitzpatrick said h� agrees that this was a legal problem between the two parties, but this wouldn't preclude getting some legal advice from the City Attorney. Mr. Harris said that due to some of th� past actions of the , City, he thinks the City has some liability in this case and it is up to the City to help solve this problem. - ' Chairman Fitzpatrick said he thought the City Attorney should be asked that if we approve this plat, if we are in effect, approving the survey as shown on the plat. � , � , ' � � � ' � � , � , , , ' � , ' � 6E Planning Commission Meeting - November 6, 1974 Page 6 Mr. Korin said he didn't want to go on recard as objecting to the Dailey Homes survey. If the City says that their survey is correct► ther�hat was fine with him, but he didn't want someone to come along six months later and tell him his property line was one foot in a different direction. He wants to know where he stands. He said he thouqht he already knew the boundaries of his property, but evidently he didn't know, and now he wants to be sure. Mr. Olson said he would have his surveyor and Mr. Korin's surveyor get together and iron out this probJ_em. Mr. Korin said he didn't want to hold up the development of this plat, but he was very concerned about the drainage for his property. MOTION by Drigans, seconded by Harris, that the Planning Commission continue the consideration of a preliminary p1at, F.S. #74-06, Zander's lst Addition, by Dailey Homes, Inc., a rep3at of Lot 3, Auditor's Subdivision No. 92, except the North 169 feet of the West 164 feet thereof, Zocated 5outh of 6lst Avenue N.E. between Benjamin Street and �c Kinl.ey Street N.E.- for the following reasons: 1. Request ihat the petitioner have a11 the surveyors of this property come up with a solution to the survey discrepancy. . 2. That the dxainage problems be worked out to the satisfaction of everyone concerned. 3. Request a 1ega1 opinion from the City Attorney, that if the two surveys are not in agreement, would the City in approving the final plat, make.that surdey binding, and/or can final approval be given to a plat if their remains a surve� discrepancy. 4. Petitioner to provide a cross section of how he propose.s to terrace the South property 1ine, to be continued until November 20, 1974, or until these stipulations can be met. Upon a voice vote, a1I voting aye, the motion carried unanimously. 2. PRE5ENTATION BY JOHN RANCK ON N.S.P. RATES FOR UNDERGROUND UTILITIES Mr. Ranck said that when they put the new rates in effect in March of 1974, there were no longer any separate charges made for underground utili�ies to the homeowner. Mr. Clark had told him that the r�ason this question had come up was because of the litigation between N.5,P and some developers over a separate $2 a month charge added on to a bill i� they had underground utilities. This is what was L-aken o�f on March 19, 1974 and incorparated as part of the rate. Tliis was for residential. On commercial and industrial properties, prior to mid 1973, there was a charge based on what the customer wanted. This was usually a charge of $350.00 Going back sevexal years, there was <- � Planninc� Commission Meeting - November 6, 1974 Page 7 6F a time when the developer paid the entire cost for underground ' . development because N.S.P. hadn't gone into an underground program at that time. Mr. Ranck said that the way that rates are establishe� was , that we have to set our rates so that peaple who are involved in that service, pay for that service. People who have overhead service shouldn`t have to help pay for underground service. This is why , the underground rates are higher than overhead rates. Mr. Ranck gave the Planning Commission a rate brochure which ' is included in the minutes. (Page 8) This shows that the underground rates for the first two steps ' of use ar_e higher than overhead rates. It would make the underground rate about $2 a month higher. People who are already paying the $2 a mon�h asa separate charge, can go to the new underground service rate which incozporates this charge in the rate. Mr. Ranck said the � reason this wasn't put in the incorporated rate prior to March,1974, was that when you establish a rate you want to know the cost i� correct. � , Mr. Lindblad said it had been his belief that having the utilities underground was a more economical way to go, but evidently it wasn't. Mr. Ranck said that the cost of going underground does cost more, iniatially, tha�n going above ground. Mr. Lind�lad said then we have been wrong in encouraging � developers to put in underground utilities. Mr. Ranck said it was a better service in the long run, but it does cost more to put it in. Mr. Ranck said the advantage of underground service is during 1 storms, etc., and the disadvantage is the cost of putting in such service. � � Mr. Harris asked the average kilowatts that a hameowner would use during a month. Mr. Ranck said the average was 400 kilowatt hours, but th�s would depend upon how each family lived. � � ' , i � � Mr. Ranck said the way the $2 a month underground figure evolsJed was thai� in 196� develapers wanted to go undergrotand and wanted us to set a cost per lot, because at that time they were paying eveiything. We took the average differ�nce between overhead and underground distribution system, that's the back bone system, which was $95. `Phen you take off the overhead servi_ce drop, which is $30, because underground doesn't need a service drop, which leaves $65. We telt that due to technical improvements as time went along that we would be able to reduce this $15, so this was taken off the cost to make the cost $50, which would be the average cost per lot to any developer who wanted to c;o underground. The customer owned and installed the underground service lateral. � zn 1960 we re-evaluated this, because the developers wan�ed to get this cost down and asked if thc�re wasn't some way this cost could be incorporated into the rate or be paid in a lump sum. We f ound out that the difference betwe�n overhead and underground distribution was still $95. The average difference between overhead and under- ground serVice laterals was �85, what totaled to $180. Again we gave ( contined on Page 9•) Planning Commission Meeting - Navember 6, 1974 Page 8 . 6G Yi � ro C C 'L�nS � � m u ._ n o a � C •V N � C � V Cl C V � N 7 'C � �O O C � p pL C• •� G ,, � � r. 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E� C � V .d O p �. v r V 4 `O O V 4 V n �1 f� ,q � � • c, u � ro b 'O 3 � x � � r il t+ n �6 � � E � � x� q O a � � � 4 v n 4! +� C c � M O 7 T �� a d� � e o S C T �a O E m a � �(.� �� L � 0 _ N O � z 8N 0 � � � % °z 'U a ° o 0 O j Q ng ¢ o Q Q C S y o� o� Q U G N m '� e t° O 4 0 w � ,E....g -, � I �� Planning Commission Meeting - November 6, 1974 Page 9 6H a technical improvement allowance of $15 which reduced the cost � to $165. We multip�ied this $165 by 15.4� which is the f ixed . charge factor that includes the cast af money; we have to borrow money to put in the serviee, depreciation, income tax and property ' tax. This came to $25.41 or $2.11 a month which was rounded�off to $2.00 a month. He said that if the developer didn't want to pay $220 per lot, he had to notify the purchaser of the property that � this could be paid by them in a lump sum or as an extra $2 a month on their bill. ' � � � , ' �� ' r Mr, Ranck said the N.5.P. has l00 of their facilities undergroundr but we tind that 400 of our trouble calls come from underground utilities. H� said the telephone company digs into their lines, and we dig into theirs. He said h� didn`t know how this was �going to be resolved. He said that when they put in a service, like in Innsbruck far instance, everything seems to go O.K.until they start digging in the service laterals. He said they try to work with the telephone company and gas company, but as they are such large campanies it is difficult for them all to get their crews in the same area at the same time. Then when they do all get in, the sewer'.companies come in, and it's all right when they are in the street, but when they pu� the sewer laterals in, something usually gets dug up. Mr. Harris asked what prablems they had when the service was in and operating. Mr. Ranck said that generally they don't have too many problems. We ask the developers to give us a zopography of the area that will be only 4 inches different from the final gr.ade, and we bury our facilities 48 inches deep. • Mr. Harris told Mr. Ranck that the Planning Commission had been encouraging developers to have underground u�ilities and he wondered �if�this was a good policy. Mr. Ranck said he thought it was because our commitment now was to an underground system. He said they are working on their problems they have when this system is first installed hut we are gaining on it. He said underground utilities looked much bctter aesthetically, and due to our severe winters, it would eventually be more �rouble free. The Planning Commission thanked Mr. Itanck for his presentation. ' 3. PRES�NTATION BY DAN Ht3FF, NATUI2I�LIST/RFSOURCE COORDINATOR ON "NATURAL HISTORY AR�AS" FOR THF CITY OF FRTDI:EY M:r, Huff said the results of the November 5th election would , change some of the proposals he has made. He would have to wait for more �irm direction, especially in the North Park area. ' � , He said that when he was hired last July, it was his understand- ing that the City was committed to some sort of nature education/ nature interpretation program, not necessarily in North Park, but utilizing whatever. was available and suitable in the City. Therefore, he was instructed to spend some time in planning and making adjust- ments on the property we had to work with. He said the first thing he came up with was a proposal for setting up a system of natural hisi:ory areas. This would include I � ,...�.... � � Planninq Commission Meeting - November 6r 1974 Page 10 several areas of the City which are f-or two purposes. One, we have a variety of wild life and natural vegetation at all these sites. One site doesn't emcompass all these things. For instance, Chases Island is an examgle of a rivezine type of forest with cottonwoods, elms and silver maples. North Innsbruck is a different type of forest and North of �sborne Road is an example of an Oak to�est. He said he looked at all the available areas that belonged��o':the parks, or undeveloped public property, and listed the one's �hat he thought were unique enough to put together into a system, each one a loca� na�ural history area to be maintained in it's natural state. There would be minimum develapment, such as fencing where it's needed to protect sensitive areas, boardwalks or some type of trail system, where needed. These would be self=interpretive trails with maybe a brochure available mentioning what they should look for in the area. � Mr. Huff said the areas he had chosen were (I) North Innsbruck, where we have the A-frame building, (2) the North end of East Moore Lake, a marshy area with cat tails, which provided a natural habitat for ducks and other water fowls. (3) is°the dunes area which is on West Moore Lake, between the High School and the lake, �hich is quite unique because all of the County and FridlEy was once all like that. (4) was another unique area, Chases Island, which had a flood plain forest. Number 5 was a small area, an undeveloped park North of Hickory Drive, abutting the Burlington Northern property, about 4 acres which has a beautiful stand of natural prairie. Then there is the Rice Creek area, which is a small stream community, which is quite different from Chases Island. He said he had left North Park completely out o� the picture, to wait for the results of the referendum. Mr. Huff said that this plan could be altered by elimination of same of the �reas, the incorparation of North Park, if this was the decision of the people, which would b� the most suitable site for a nature center operation. Mr. F�tzpatrick asked if there was a nature c�nter at North Park eaould these other areas be eliminated fr_om the plan?. Mr. Huff said that would be one alternative. Another alternative would be to have North Park the center of the nature study, and probably eliminate the area North of Hickory Drive and the East side of Moore Lake, but Chases Island, the North Innsbruck area, and the Moore Lake duncs were certa�nly unique areas that contain things that you wouldn` have at North Park. These are areas suited to being lef t in their natural state. The��cost of having these areas in addition to North Park, would be minimal, because we already own the property. This would l�ave natural areas in other parts of the City, rather than having everything at one end of the City, in North Park. We wouldn't �e just building one na�ure center, we would be showing the City that we have several very unique areas that are in their natural sta�e. This is the best suited use for these areas and could be made a part of a system of natural history areas or preserves. Mr. Fitzpatrick said that as far as incorporating Chases Island into this system, what is the relationship of Chases Island to our .�- I . bJ' ! PLANNYNG COMMISSION MEETING - November 6, 1974 Page 11 park system. Mr. Huff said that it was maintained by the park , depar.�nent. He said the Foundation was very much in favor of having this area added to a natur.e interpretive program. He said it �ras his plan to have a nature center in one of the areas he had previously mentioned, such as North Park, but there woula be conducted tours ' ta all. the other areas. �l , � CJ � ' Mr. Fitzpatrick asked cahat made some one a naturalist? Mr. Huf£ said it encompasses a�very broad range of professions, peaple who are basically trained as educators with a science background, with a goc�d knowledge of the subject matter. He said his own back- ground was three years as a high school biology teacher, two years teaching environmental technology at a vocational school, and one year as an assistant professor at the university with�a Ph.D in wild life and biol.ogy. Mr. Lindblad asked Mr. Huff what plans he had for a n�ture centEr in North Park? Mr. Huff said he had absolutely no plans for North Park. He said he was instructed by the Mayor and the City Council not to say one word about any plans for North Park and was _ inst�ucted not to even be on that property during my wo�king hours until after the referendum. He said that this was a piece� of property with a lot of alternatives, but he as a naturalist, was not allowed to explore any of his alternatives. He said he understood the re�soiiing behind this request, because this would endorse City approval ior one type of program over anoiher. He said he wasn't sure in_just what capacity he would be used in the development of North Park. This could be handled by a foundation such as Chases Island, and it would be up t,o the Council as to how a naturalist would fit into the developm.ent of North Park as a nature center. � Mr. Harris asked Mr. Huff how the survey of trees was coming in Fridley. Mr. Huff said they had found 1,700 diseased and dead trees. He said he had no trouble working with the tree ordinance. ' ' � ' � [� , Mr. Pitzpatrick asked if removing these trees would really cut down on the praUlem of d.iseased trees? Mr. Hu�f answered tha.t i� you can take out 900 of �he dis�asEd trees in one year, you can r�duce even Dutch �lm disease to less than 5o per yea.r. Without this, every year the percentage goes up. You could have l0o diseased trees in one year. If th� trees are left there, the percentage of the 90`-'6 lef t would be 20a the next year, and 40� the next, sa that the curve really gaes up until you wouldn't have any Elm trees left. Mr. Fitzpatrick asked what they did with the trees that were removed. Mr. Huff said i� wauld depend upon the tree. If they are dead, and we can't determine whether or not they died L-rom a disea5e, we take them to Anoka County Landfill, which is certified to handle trees with Dutch Elm disease. They bury them with a"minimum of 6" of dirt everyday. With this type of �reatment it has been proven that i:he beetles and their larvae are smothered. The �rees can be chipped also. Mr. Drigans asked what could be done with Oak Wilt? Mr. Huff �J � � I J �� Planning Commission Meeting - November 6; 1974 Page 12 said that if the tree had been dead a year, it can be used for firewood. If it hasn't been dead a year, then it has bo be removed the same as other diseased trees. , Mr. Lindblad asked who paid for the removal of boulevard� trees? Mr. Huff said there was a state law that said the cost of managing the boulevard trees would have to be spl.it by 50� as a minimum. He said th�t if the people can remove the �ree themselves, there would ' be no cost, but if the City removed the tree, the property owner would have to pay 500 of the cost which could be added to their special assessments and repaid over a five year program. We instruct � � the people very �arefully on how to remove these trees, and make several. inspections on the trees, and check again after they have been removed. ' ' � I � �I lu � ' , ' � � � Mr. Fitzpatrick asked how long a tree with-Dutch Elm disease is dangerous. Mr. Huff said th«t even if the tree was dead, as long as there is bark on the tree, the beetles can still breed in the tree. Mr. Harris said he was pz�rticularly cancerned about Oak Wilt. He wondered if this cauld be stopped. Mr. �uff said this could be stopped 1000. It can be stopped by spraying the healthy trees because alr�ost any insect could transmit the dl:sease, and take precautions on any wounds on healthy trees, so no ti_nsects can bore into healthy tr�es. If you trench and break the root grafts, you can k�ep a tree with Oak Wilt from passing the disease onto the next tree. We have had very good cooperation from the people on the problem tr�es in Fridley. . Mr. Lindblad asked what the City's pol.icy was on replacing dead and diseased trees. Mx. Huff said the Park Department has done a good job in the parks of replacing trees. As faz as boulevard trees, we give the people information on what type of trees they should use to replace th� trees, if they so desire, but the City doesn't replace them. Mr. Harris asked Mr. Huff if he was familiar with the proposed tree nursery far the City? Would he be involved with that, or would it just be the Park Department? Mr. �3uff said that anything that had to do with natural resources, the Park Department knew that they could call on him to give them any help they might need. Mr. Huff said he was interested in this area a].so and he did have a torestry background. Chairman Fitzpatrick thanked Mr.. Huff for his presentation. Nlr. iiarris said he would like Mr. Huff to come back again when some decisi�ns had been made for Narth Park. ' �. MEETING WIT3I ENVIRONMENTAL QUALITY COMMISSION Mr. Drigans said the Environmental Quality Commission had 1 asked in their minutes to have a joint meeting with the Planning Commissio;� and City Council on November 19, 1974. He said that as the Planning Commission had their work shop meetirig on November ' 1Bth and their regular Planning Commission meeting on the 20th, he didn't see that the Planning Lommission would Want to have to attend three meetings in three nights. He asked the secretary how their ' �� , � !r Planning Co�ranissicn Meeting - November 6, 1974 Page 13 agenda was for the meeting on tiie 20th. It was determined that if they started their regular meeting a half hour earlier, they could meet with the Environmental Qu�lity Commission after this meeting, as there wasn't that mucY� on the agenda. MOTION b� Drigans, seconded b� Harris, that the PZanninq Cornrnission recornmend to CounciZ, �hat if they desire a joint meeting with the Environmental Quality CommissioY�, it be held at the conclu�ion of the reguZarly scheduled Planning Commission meeting of November 20, �97�1, and that this meeting beqin at 7:3� rather than 8:00 P.M. to al.Zow more time for this meeting. Upon a voice vote, a11 voting aye, the motion carried unanimously. ' 5. DISCUSSION ' Mr. Fitzpatrick said he had been questioned by someone in Fridley tha� wherE one house faces the 5treet and the adjoining house faces a side street, if the owner of the home facing the side street could put up a six foot tence along his back property � line. This would make this a side yard fence for the house facing the street. ' � � ' lJ � ' L�; � , ' Mr. Colbert said there was nothing in our Code prohibiting this. We can't stop a property own�r trom having a fence along his back property 1ine. Mr. Fitzpatrick said that the property own.er facing the street could only put up a fence along his side yard, which could only be even �Yi.th the front of his house if it was 6 feet high, but because this is the other person`s back yard fence, the person £acing the street will end up with a six foc�t fence all �.the way to his front property line, which could be a traffic ha�ard. Mr. Drigans said he has tliis situation in his neighborhood. Chaixman Fitzpatrick adjou.rned the meeting at 11:00 P.M. Respectful]_y submitted, .�G"`�.��..c. , �•LC�z� Dorothy Lv nson,,Secretary �� , �� ' MCITY Or FRIDL�Y � � ' � � � , � , lJ � ' ' ' � r-. JI � IL , � � PLANNING COMMISSTON NIEETING CALL 7'0 ORD�R: NovEr�B�R 20, 1974 PAGE 1 Chairman Fitzpatrick called the meeting to order at 7:40 P.M. ROLL CI�LL : Members Present: Members l�bsent: Oi�hers Present: Fitzpatrick, Drigans, B1air, Lindblad, Iiarris � None Darrel Clark, Community Development Administratoi; 11PPROVE PLIINNING COr7MISS ION MINUTT'S : NOVLMBER 6, 197 4 h10TIOh' by Drigans, seconded by Harris, that the Planning Commissior appi'ave tl�eir minutes of the November 6, 1974 meeting as written. Upon a voice vote, a.21 voting aye, t1�e motian carr.ied unanimousl�. REC3�IVr BUILDTT�IG STAt�DARDS-DFSIGN CONTROL SUBCOD'1MITT�E MINUTES : NUVErSBER 7 , 19 74 . � Notian by Fiarris, seconded b� Drigans, that the Planning Commission receive the minutes of the Building 5tandards-Design Control Subcommittee meet�ng of November 7, Z974. Upon a voice vote, a11 vot.ing aye, the motion carried unanimously. RECEIVE BOARD OF APPrAL5 SU]3COMI`'IITTEE DiINUT�S : NOVEMBLR 13 , 197 4 r10TION hy Drigans, seconded by Fiarr.is, �hat the Planning Cornmission receive the minui:es of the Board of Appeals Subcommittee meeting of Novem.ber 13, 1974. Upon a voice vote� aI1 voting aye. the motion carried unanimously. VI'SIT03:S : Mrs. George Bacon, 1.336 T-iillcr�st Dri.ve N.E. , said she just vaantec� to t.aY,e a few minutes of the Planr�inq Commission time because she had vo�aed during the last clection campaign that she would do �:}1��. She said slze strangly believed that campaign signs shoull be aUolis�zed in )�riclley. Her reasons werc; they certainl.y weren` t beatz�iful, they dori` t enhance our environmen�, they are very cos-L-ly, and she hadn'� done any research as to their efficiency. She said she t.hought it would be very nice if someone would propose an ordin- ance to abolish campaign billboards and boulevard signs in Fridley. She said that in her own neigizborhood, there was a lot of juvenile vandalism of these signs during the last campaign. Mr. Tlarris s�id �9hii:e Bear Lake had passed such an ordinance. Someoi�e took �l�em to court on it, and it was declared unconstitutior.al< Ile said he agrced with r9rs: Bacon's reasons for not having i�hem, bui� he was not sure how they coulcl be control�ed wi.thout denying peo;�le thc�ir constitu�ional right of �ree speech and freedom ot expression. Mrs. Bacon said she had heard that Blaine had such an ordinanee. � , ' � �J , ' , 7A Plann� ng Corruniss� on Meeting - November 20, 1974 Page 2 Chairman I'itzpatric}: said he didn't know about Blaine, but he knew some cities had ordinaiices banning signs, and he didn't know if thase had been challenged. He continued that he has lived in Fridley for 18 y�ars and this is the fixst year he had observed so much vandalism of campaign signs. Mr_s. }3acon said she just wanted to plant a seed, so the Planning Commi�sio�z k�ould at least consider having such an ordinance. She thought it would even be worse when there was a national election. M.r, Harris said we could probably control the length of time that t�he�� are up. Mr. Clark said the sign ordinance says they have to be zezr�oved seven days after the election. Chairman Fitzpatrick than�ed birs. Bacon for coming and expressina her view�. 1. REQU�ST rOR A LOT SPLIT, L.S. #74-16, GORDON R. PETI'R�ON: Split off i�he Northerly 25 feet of Lot 25 and add it to Lot 26, Block 16, Plymouth Addition, to make a 65_foot building site, the sazne being 4565 3rd Street rd.E. , Mr. Gordon Peterson was pr_esent. , Mr. Haxris said that this had been before the Plats & Subdivi- sions-Stre�ts & Utilities Subcornmittee the previous evening. He said tha� although the lat spiit viould ma}:e a 65 foot 1at, there is c�zouglz depth to the lot, so that i� wi11 exceed our 9,000 square ioot � mini.mum �equircment. He said this 1ot will be 188 feet deep, and that i� at a future date, Mr. Peterson should want to split his remaining propeziy, there could be two more building sites, one 65 ' ieet and the other 70 fe�t, where Mr. Peterson's.house is presently located. He said the Subcammittee couldn't see a better way to split tliis proA�erty. ' , ' ' Mr. Clark said the survey sho��m in �hc agenda was made in June of 196U, be�ore University Avenue was widened. I�e said Mr. iIarris gave i:h� depth of these lots as we had th�m at the Subcommittee meetings, but i�he HightiTay llepartment has taken property almost up to whcre the alley is sllown on the survey� so this property is only lA4 �eet deep, plus or mznus a lii�tl.c:. This would still inake the lot about 9,3G0 fe�t. t��e did ask Mr. Peterson i_o grant a 12 foot easemcnt for drainage and utilities where the existing power polcs are located, and th�se lincs go over the existing garage. As this is an existing si�ructure, we would allow this garag� to encroach on the easement. Mr. Fit2patrick asked when the alley was vacated? Mr. Clark ' sai.d it was several years ago. When this was vacated there was a stipulation th��t a drainage and utility casement be kept, but there are two difi�rent legal opini_ons on whether the City�can da that or , no�. Until this is clarified, he i:hought we should ask for the 12 foot dr.ainaqc and utility �asement heing granted alang the entire 200 feet of property that Mr. Petersori OWI75. ' � Mr. Drigans s�id he didn't see how they could make a fair 1 � , � � � ' 7� Planninq Commission Meeting - November 20, 1974 Page 3 assessmcnt of this lot split when they didn't have an accurate survey. Mr. Clark said this was an accurate survPy in the North- 5outh dimension of. the 200 feet, and the location of the buildings. It just wasn't up to date as far as to that part taken by �he Highway Depar_tment. . rir. Drigans said then why wasn"t there an up-to-date survey of thc prop�rt�T we are being asked to split. I�ir. Clark said it was because Mr. Peterson didn`t supply us with one, but it wasn't uncoilunon fo.r someonc to get concept approval before they go to the exL�ense of a�urvey. He said h� thought there was enough shown on the survey so i�hat we could t��l.l the peti�ioner whether the Planninq Commissian approves of thi.s ronce�t or not. Mr. Driqans said the pei�itioner wa5n't as};ing for concept approval. r2r. Clark said this propert.y �a�uld have to be surveyed be�ore a building permit would be issued on this lot. � Mr. C1ark said he thought the Highwa_y Department had taken ' . about r2 feet more of Mr. Peterson's property. He said the highway was widened in 19.65, and this was probably when they took the addition-- ' , ' ' ' ' ' ' � al r_ight oi way. Mr. C1ark said there is another exisi�ing structure south of Mr. Petersan`s house. Mr_. Peterson said this was a double garage which he built with access to Third Street N.E. The other garage on his lot was one he used when he still had access to University Avenue. After the highway was widened and the freeway fence put up, he no langer had access to this garage and uses it for storage. Mr. ritzpatrick said this old garage was three feet from the presel�t hack property line and three feet fram the new sideyard line. h�r. Clark said this was code. , Mr. Drigans asked Mr. Peterson iL- he had discussed this �aith his neighbors'? t�ir. Peterson said he hadn't, but thouqht they had been iYOtified of this request. Mr. Clark said there was no notif3_ca-- tion o� neighbors on a lot split .request. Ma:. ritzpatrick asked how old the houses wexe that were north of r7r. Peterson`s property. Mr. Peterson said he thought they were built in 1965 and were about nin� years o].cl. Mr_. Clark said the houses across the si�reet were built in about 1955. Mr. Iiarris said the Subcommittee �:houghi thi.s was the best use foi this parcel. If: t2�e S lots had been split in half, it would have made two very larg� lots, and by doing it this way, there �aas a possibility that t11e remaining proper�y could be split into two loLs, which would make two 65 foot lots, with a 70 foot lot in between. Mr. Fitzpatrick said he knew it was the practice on lot splits ' not to notify neighbors of the requ�st. He said he didn't have any , ' t^'�°" � I , Plann�nq CommiSSion Meetinq - Novemver 20, 1974 Page 4 7 � objection to this lot: split, but he did question this policy. He ' said }ie thougYit the peopl.e wha had homes on the 80 foot lots might want to kno�a that there was going to be another home built betwc�n Mr. Peter.son's lzouse and th�irs. Iie thought maybe the procedur� ' sholk].d be reviewed, as it seemed we notified the neighbors on thinc�s of much less cansequer�ce. Mr. Clark said this property was platte� pr_ior to 1954 and ' at tliat time the minimum lot size r�quirement wzs 50 feet. The second garagc was buil.t befor_e we had an ordinance saying the second accessory building needed a special use permit, also. ' Mr. Pei�erson asked i� he could leave his garage in the easement. Mr. Clark said he could unless this gar.age was damaged over 50� by fire or wind, etc. Mr. Peterson said he was agreeable to this. If ' he had to xebuild the garage for some reason, he would move it off the easement. � I �I ' ' ' ' � L� MOTION 1�y Harris, seconded by B1�ir, that the Planning Commissio�� recommend to Councz.Z approval of the re.quest for a 1ot split, L.S. #{74-Ih, b� C,ordon R. Peterson, to split off the Northerly 25 feet of Lot 25 and add if to Lot 26, arid split off the Northerly 25 feet of any existing Lot 6 and add it to Lot 5, Block 16, Plymouth Addition, to make a 65 foot building site, that is split a11 �he way back to the freeway fence, the same being 4565 3rd Street N.E., with the st�.pulation �hat before this goes to the City Council,�a new surve� be mad� of Lots 22 through 26, and any property left ori Lots 5 through 9, Block Z6, P1.ymouth Ad�ition, sl�owing tlie existing conditions o:� these .iots, and tl�e d�dication of a 12 foot dra�.nage and utiZity easement, the existing gar.age being aZlvwed to encroach on this easemc�r.t. Upon a voice vote, a11 voting aye, �he motion carried unanirnously. 2. CONTINIIFD: PU}3LTC HEARING: CONSTD�RATION OF A PROPOSED PRE- r,TM�I�A};y I�T,l1'r, P.S. #%4-06, ZANDLIZ' S 1ST ADDI�I'ION, BY DAILLY iIOr'iUS, INC. • l� replat o� Lot 3, Audit�or's Subdivision No. 9�, except tiie North 169 feet o� the G�lest 164 feet thereof , located SOl1�Y1 of_ G1st �'lvenue N.E. b�tween Benjamin Street and Mc ICinley Street N.E. Public Iiearing op�n. Mr. 2ioward Nysi:rom was present to represent th� petitioner. ' Cliai.r_man Fitzpatrick said the Planning Commission continued this r.equesi. �aii�h four stinulations. They are (1) Request that the petitioner have all the surveyors of this property come up with a solution i.o the survey discrepancy, (2) That the drainage problems ' be worked out to t}ie satisfacti.oii of everyone concerned, (3) Request a legal opinion �rom the City l�ttorney, that if the two surveys are not in aqrcemc�nt, would the City in approving the final plat, make ' tha� sur_vey binding, and/or can final approval be given to a plat if there remai�is �� survey discrepancy, and (4) Petitioner to provide a cross sectian oi how lie p.roposes to �.errace �he South property line. [II ' Mr. Clark said the first stipulation had been resolved. Mr. ,,...,. i 7 ' Plannin� Commission Meeting - November_ 20, 1974 Page 5 Dailey's surveyor and Mr. Kori.n's surveyor rechecked the surv�y ' wi�h electroilic equipment, and Mr. Korin's survey is the one they will use on f:he plat. They will accept Mr. 1Corin's irons on the 5outh property l.ine. ' ' ' , ' � -, � ' Mr. Korin said he was satisf ied with the surv�y. rSr. Clark said that on the second st�_pulation, there has been a r�grading of the p1at, and only 1j2 acre of the plat will drain to Benjamin 5treet or drain out the easement to 61st Avenue. This is a plan approv�d by our �ngine�ring ll�partment. In order for Mr. l;orii� to get water in his ba��meni�, we wauld have to g�t 2.3 inches of rain with no percalation into the ground and no outfall, or a?_3 inc}Z snow me1t� with the storm sewer and the drainage easer plugc�ed at. the same �.ime. Mr. Korin said he would still havn water sitting in his back yard. Mr. Clar): said that many yards in Fridley have water sittin� in them under cer_tain conditions, He said that probably the only way M�. Korin would be satisfied was if Lot 1 on the plat wasn't buil,t on, and tt�e big pothole be left to �drain the water. The on1_ othe�- alternative Ni.r. Korin would have, would be to regrade his yard to drain it to the north. ' Mr. Korin said that if_ the Engineeri_ng D�partment said that with this plan he wouldn't get water in his basement, then he woul ha��e to take their word for it, and accept this drainage plan. He sa:i_d he sti11 �aau? d on]_y war,.t a 1 z �oot cut on his property for th ' drainage easement to Glst. Avenuc, He said this should just be a relief va].ve and not a complei=e drainage system. ' ' ' i� �! ' � � ' ' Mr. Clarlc said that on the third stipulation, the City Attorn said that a plat couldn't be approved w77ere there was a survey dis crepa.ncy. Mr. Clar}: said that on the xevised plat dated November 11, 1° th� s�uth property 1_ine of_ the plat sho�as a three to ane slope wit a re �aininq wal l.. A�r. fiarris asked w}za�L material would be used in tlzis retaining wall. A'!r. Nystrom said it woulcl be railroad ties. Chairman F'itzpatricY said all fouz stipulations have,been resolved. Mr. ICorin saa_d he would be watching the storm sewer to see i� it froze up. Mr. Harris asked the petitiorl if when he dedicated t easement for the storm sewer, if he could deed the storm sewer it� to �he City. Mr. Clark said the City had steam equipment to open caich basin if it froze. Mr. Blair said he t2iouqht there should be some agreement to have the City maintain tl�is catch basin. Mr. Harris said if the : sewer was dedicat�d to the City, the City wouldn't l�ave the probl< of maintaining private property. Mr. Nystrom said they would do � 7E , Planninq Commission Mc,eting - November 20, 1974 Page 6 ' Mr. Har.r_is said the Plats & Subdivisions-Streets & Utilitie: Subcomnlittee had made some stipulations for i.lzis plat, which sh�ii7.d : be chec}:ed to sec if they have becn met also. They were; (1) Survey problems must be resolved; (2) Provide an ea�ement for the storm sewer ' as shown oi� the p1at, (3} Provide an easement al�Zng thc rear lot lines �or other uti�ities, (4) Solve the drzinage proUlems with rir. Korin, (5) Provide oaie trc�e per lot, 2 inchcs in diameter, (6} Reduc� ' t2ze stzeet dedication for 61si� 1�venue from 25 �eet to 20 feet, so Lot G will have the required 80 �foot front footage, (7) Provide under- qround u�Lilities. . ' � ' Mr. Harris said that sho`�m on the November 11, stipulations 2, 5 and 7. all these stipulations had been met or were 197�� preliminary p1at, except for 140TION by B1air, seconded by Harris, that the Planning Commision close the Pu1�Iic Hear.i.nq on the consideration of a prel.iminar� p1at, P.S, 1174-06, 7.ander`s 1st Addi.tion, by Aailey Nomes, Inc. Upon a voice vote, a1..Z voting aye, the �notion carried unanimously. MOTION 13Y Drigans, seconded b� B1aiz', t_hat the Planning Commissior, ' recammend to Cozrnr.il approval of the preliminary p1at, P.S. #74-06, Zander's 1st 1�ddition, by Dailey Homes, Inc., daied November l.Z, 1974, being a replat of Lot 3, Auditor's SF�bdivision No. 92, except the , Nor. tl� 1G9 feet of ti�e 6aest lb4 feet thereof, located South of 6Zst Avenue between 73e��jamin Street and h9c Kin1e� Street N.E., witli the � ' ' ' i LI ' C�' J � t�ollvwing stipulai-ions: 1, Provide an easement for the storm seh�er and dedicate the stoxm sewer to t11e City, recommendi.ng that the Cit� maintain the sarne. . 2. Pxovide one tr.ee per l.ot, 2 inches in diameter. 3. Provide underqround utilities. 9. 71 swale be provided betweer, Lots 1 and 2. Mr_. Korin said he would wan�:. the storm.sewer put in before they fi11 in the h�?le on Lot l. Mr. Nystrom said they would do that. UPON A VOICL VOTE, a12 voting aye, the rnotion carried unanimously. 3. PU13L7C IiE71RING : CONS7DI,R1ITTON OF 11 PRELTMiN11RY PLI�T, P. S. #74-0 I, )ZI:T�L LS`I'I�T]-� 10 A1�DITION, BY TRi.NC:LS J. GTRDLrR: i1 replai� of I��t. 5, cxccpi� that p�rt thcreoi: l.ying West oi the Northe��st- erly riqht of way of i:he outer drive of State Trunk IIighway ;;GS, and exccpt that part �hereof lying Last of a line drawn from a point in �he North line oi said Lot 5, distant 1505.9G feei� West from t11e Northeast corner thereof to a point in the South line of said Lot 5, distant 1393.62 feet �^�est �rom the Southeast cor.ner thcreof, Auditor's Subdivisiori No. 25, genrrally locc�i�ed on t}ie Northeast quadra��it of Int-erstate G94 and Highway #65 N.P., the same beinq 951 iiillwind Road N.E. -�...... � � ' Planning Commission Meeting - November 20, 1974 Page ? % F ' ' ' ' ' , ' ' � � ' � , r-, � � , ' , D�r�. Girdler was present. MOTIOIJ b� Drigans, seconded by Harris, t1�at the Planninq Commis- sion waive tl�e r�ading of the PubZ�c He82'1»g notice on the consider- at�on of a preliminary p1.at, P.S• #74-0�, Rea1 Estate ZO Addi.tion, �y I'ra��c.is J. Gir.d.tex. Upon a voice vote, a11. voting aye, the moti_on carried unanirnously. Mr_. C_larY sai.d this parcel of ground was rezoned a few years ago, and one af tlze stipulations of. the rezc�ning was that it be platt�d to elirainate the lengthy ].c�gal desr_ription. What Mr. Girdler was daing now will satis�y .thai stipulation. He said the Plats & Subdivisions-Strects & Utilit�_es Subcommittee met on this November 19, 1974 and recommended approval of the plat but recognized the problem of gettzng the sanii�ary se�aer easement for service to this pl_at for th� proposed structure. Mr. Gird]_er doesn't own the property eahe�e he needs tYzis easement, and hasn't been able to get permission fro�n th� ow�zer_ of_ the prop�rty for this eascment. i�ir. Girdler said they had this property rezoned from R-3 to CR•-1 so they could build an affice build�ng. The neighbor didn`i: wanf. this prope�°ty rezoned, so he woul_dn'�t cooperate with them in qiving this easemento He said the_y wazlted to get �Lhis platted ir. case they had a buyer for the properi�y, and if they can't get the eas�men�� far the sa�it.ary se�a�r thc�mselves, it would allow the City time to go through the conaemnatian proceedings for this easement. ASr. Harris said tllat the obtaining of the ser-aer easement ti�as the on]_y problem the Plats & Subdivi_siaris-St.reets & U�ilities Sua- commi_ttee faund with this pla.t. zt would be cleaninq up a long and Ienqthy legal descriptiarz, so they recommend�d approvaJ_ of the pl�.:t, with the stipulation that. the problems witki the sanitary se�•�er eace- ment be reso�ved. '�'hey felt that I�7r. Girdler should try to obtain this eascment and th� City should become ii�volved in it as'a last resort, vahich would be a more expensive way to get the easem�nt. Mr. Girdler said they haven't offered their neighbor any money as yet for this easement. He said that if this neighbor granted the easement, it WOl11CIi1� t create any problems for the owner of thc. property. He said tizat when they were ready to pu� up a building, they havc to negatiate then. Chairman Fitzpatrick said this easement would have to be avail- able b�fore we can recommend approval of this plat. Mr. Harris said the plat is unserviceable without the easem�nt. Mr. Girdler. said that this was not a stipulation of the rezoning, they just said it had to be platted. Mr. Clark said this was one of the requirements o� �he platting ordinance. M Mr. Iiarris said it wouldn't be fair to have you se•11 this property witllout an easemcnt f_or sewer service. Mr. Girdler said they bought it witlzout sewer service. Mr. Girdler said that if the owner, Mr. Gearman, held out and would not give them the easement, then it would be up to the City .�..-,.-_ , �i �' , � ' , ' , 7G Planning Commission Meeting - November 20, 1974 __ Page 8 to get this easement. Mr. Clark said that perhaps a compromise could be warked out where the Planning COIT1Ill1SS1071 could recommend ap�roval of the plat, subject to the sanifary sewer easement problem being resolved. S�Jhen it goes to Council for final approval, the plat wou].d no L be signed until the P�'t�-�=iol�ler had obtained the easement � or the City had gotten it throuc�h condemnation. Only the Cotincil can pass a x'esoluti_on for condemna�.ion proceedings. Mr. Clark said that ]ze has told th� peti_tioner_ that if this has to go through condemiiation proce�di.ngs, it will cost at least $1,000 for court costs and legal �ees vaha_ch will be added on �to the cost of the se�a�r. He said that maybe if Mr. Gir.dl�r off_ered Mr. Geannan money for this easement, he would still be saving money in the long run, if N�r: Gearman would agr�e. Chairman l,itzpa�rick said that he thought it was one of the pur.pases of the P7_anning Commission to solve as many problems as possi�le be�ore things were passed on to the Council, and he feels th�.s is one oi the prohlems thcy could solve at this level. He said he dic�n't see any advantage of passing this to Council unresolved, because it wouldn`t really speed things up in the end. . ' Mr. Clark said �he or�Iy difference could �zot obtain t.he easement, only the condemnation proceedings. � � � � ' � '� II �I � , ' was that i� Mr. Girdler Council can initiate I�Ir. Drigans said he agreed wi-L-h Mr. Fitzpatrick that this should be resolved,if possible, by tlZe Planning Commission. He asked if this sanit�ary sewei service couldn't come from flillwind? Mr. Clar}: said thaL as you go south from this property, the �].ots are much lo�•�er in elevation, so t�1at to service tlzis lot, the sewer would have to to 30 to 40 feet decp. It would be much cheap�r to service this lot from the ex�l:ension .of Polk St.reet. � � Mr. Lindblad said he felt the sanitary sewer problem has been resoZved. it has to be one of tvao things. Either Mr. Girdler gets the easem�nt from Mr. Gearman, or_ the City has to go through conderl- nation proceedings. He cou�_dn't see any advantage in continuing this for two weeks. Mr. Fitzpatrick said the advantage would be if Mr. Girdler could come back �aith an easement. Mr. Girdler asked why Council allo�aed a;his to be rezoned knowinq �here was no sewer availab]_e. Mr. said tl�� replatting �vas bcing done jus�. i:o sim��lify the l�ga]_ description, and he had no objection to that, but naw they wer� being hung up again by the same Mr. G�arman, who o�posed the�rezoning in th� first place. rir. ritzpatrick said he didn't know what M�. Girdler wanted i�he City to do. I£ you think this will be qoing to condemnation proceed- lI1C�S, in any event, then we could jusi� recommend approval bf the pla.t with �he same stipulation that the sanitary sewer easem�nt Ue resolvcd. We feel tliat another try should be macie to get i�he easement your�clf, becausc this will be less bothcrsome to both yau and the City, and wauld cosi: less in the long run. Mr. Girdler said he really didn't care much for either answer_. It was qoii�g i�o bc costly to run the sewer frorn Polk Street, no matter ,,,.�, ._ ,�""�''. 7H � Plannin� Commission M�eting - NovemberY20, 1974 Page 9 ' how i.t was resolved, and he thought tlle sewer cou].d come from Hill.wind. Mr. Clark said it could, but this would be even costlier b�cause of i:he depth it would hzve to be. ' Mr. Girdlc�r said they are renting an office building no�a and have a lease for three more years, so the_y wouldn't be building on i�l�is lot far some time. Mr. Drigan� asked why they were going ' through the plat�ting proc�dure at i:his time then. Mr. Girdler said they started over a year ago on i�hi_s plat, but it had taken a long time. Just the survey cost $1800. zn the meantime, it became neces- ' Sary to rent a building. Mr. Driqans said that if this plat �aas held up f_or a�ti�hile no��, i�L wouldn' t delay them as long as thPy still had three yeat-s on th�ir leas�. � i CJ �J � i � ' ' � �: � �I � Mz. Harris said that Mr. Girdl.er was in real estate and would Y.na�a that a property served by a sanitary se�aer was worth more and would make i�he pr_operty much easier to se11, if they should decide to sell this proper_ty. Mr. Girdler said he wouldn'tsell the Property unless this easement problem �aa� resolved. Mr. �iaz'ris said that was what the Plani�ing Commissi�n wanted to have done. Mr. Girdler said that i� i�hey did decide to use the prop�r_ty themselves,it would be abotit thx'ee y�ars be�ore t�hey coLZ1d buil.d. He didn' t lil:e �o have any more mancy in this pr.operty at this i;ime. Mr. Harris said he could see his point, but in gaod conscience he couldn't vote in favor of this plat until the eas�ment problem ��as resal_ved. He thought the best tliing t� .do would be to tak�7_e i�his for a�ahile, to give Mr. Girdler a chance to s�e if he couldn't get Mr. Gearman to change his mind. The h�a.r.inc� and everything would be over witr,, at this l�vel.. Mr. Girdler said he wasn`t in any hurry and was agreeable to this. MOTTON by liarris, secvnded by Lindb.Zad, that the Planning Comnt.issi_on table �l�e coizsideration of a pr_eZimiraary plat_, P.S. #74- 07, Rc�al Is'state 10 llddition, by 1'r�ncis Gird�er, being a.�'eplat . of Lot 5, �xcept tiiat part thexeof Iyin_q West af' t1�e 1Jar_theasterly ricrl�t of �,Tay 1 il�e of t.he ot�ter drive of State �'runk 37ighway �i65, and excc�t ih�zt p�rt ther_eof Iying East of a Ii.ne drawr: from a point in the North Z.21�E' of said Lot 5, distant 1505.96 f�et iaest from the North- east corner thereaf to a poznt in the 5out1� J.ine of sa.id Lot 5, dist�n 1393.G7. f.e�t [lest from ti�e 5outhcast corner ther.eof, Atiditor's Sub- divl:sion No. 25, gcrierall� .iocated ol� tll� Nortlieast guadrant of Irit��r- state 699 and Highway 1165 N.E., the same being �51 Nillwind Road N.F.., until tlie petitioner can resolve tlle sanitary sewer �asement with t_t�e adjacent pr.opert� owner. Upon a voice vote, a2J. vot.ing aye, the mot�.on carried una�zitnousZy. �}. DISCUSSION Mr. Drigans said he noted in the C�unci.l agenda�of November la, 1974 ttlat th�re were communi.cations from the League of Wom�n Voters and thG I'ridley J.C.'s on tlle armory proposal. He would like to request ttlat the Planning Commissian ge�L copies of these. 1 TRA�s _�,., 1 ' IJ ' � u �� Planning Commission_Meeting - Novemb�r 20, 1974 Page 10 Mr. Drigans said he would also like ta request that the Planning Com�iission receive a copy of the Council agenda so they would know what� was going to go before the Council. Mr. Clark said he would see tliat they c�ot �hese agenda sheets, if they were ready in time. � � 5. ENVIROI�'P�1EN`PAL QUALITY COMMISSION DISCUSSION Mr. Drigans said he had attended the meeting of the Environ- mcnta]. Quality Commissian on November 19, 1974. He said he was late for th�.s ineeting, but at that time the discussion was on the s�ructure of the �nvironmcntal Qua�ity Commission and the rol.e they shoul_d play in�ex--relating with the otlzer Boards and Commissions. Their feeling was tha� they wc�re not b�ing used to the best possi_ble advantage to the City. He said three members of the City Council �eere there. Nr. llrigans continued that there were tti�o organizational charts , with Possible �aays the �QC could be used. The first chart was that they continue t�o repo�t directly to the Council as they.are now doing. The other one was that they become a Sul�conunit�e of the Planning , Commi_ssion and their Chai�man become a member of the Planning Commis- sion. There was also discussion as to som2 type of policy' ordinance bcing developed callereby the Enviroi�mental Quality Commission woul.d ' � be used by the City as a viable conunission in the area of environ- mental concerzis. Mr. Fitzpzi�xi.ck said the Planning Commission ' Env�_ronn,ental Qualii:y Commission last spring when � were made, but at tliat time they weren't sure jus k�anted to go . had met with the the�e two points t which way they ' Mr. Drigans said there was a paper_ submitted at this meeting s�.ating how the Planning Commission and other Boards were established. ' Mr. Fitzpatrick asked if tlie Enviranmental Quality Commission had decided which way they wanted �o ga now. Mr. Langenfe].d said t}z�r� ti�as no motion mad� at this meeting. Mr. Langenfeld gave Mr. ' T'itzpatrick a coL�y of i�his p��per_. fie s�id the first pages �aere jus� exer_pts f.rom the Code and the City Charter on how tlie otller. F3oards atZd Cornmi �sions w�re started. He asked Mr. Fitzpat�ric)t to read tiZe ' fourt.h �,nd fifth p�zge of this paper ta thc� Planning Commission because he thought it would answer a lot of questions. ' Cliairman P'itzpatric}c read as follows: Re: Scat on the I5'x�idle,y Plannin ; Com�missi.on--Pa�e ��--Novcmber 18, 19711 ' Sttzt:e�;len�s a��d Conclu:,-�.ons and Cue �tions ' , f�l � The I'lac�t�:inr; Co:��mi�slon is madc up of both Conu,�lssion Chairmen and SuU-co;;;;aittee Chaii�raan. `�'he Yl.ann�n�; Commi:,��s.on is not macie up of a 1.imited number ai' chairv as are ot;her corr�;ni��i�n ; . ......� - , � =�, ' Planninq Com►nission Meetinq - November 20, 1974 Page 11 TIIe Plat�n:ir-�, CO(r;^ission i� char,,ed i�rii,h the responsibili�y for� con-- 'tinuous co::rnunity plannin;. Comrnuc�it.y pl.annin� musL in Lhis decade 01' Lhe se4-enf.a.es inclucic� as one of ii.s p��:i.r,;e concerns the �otal environ: ;ent of the Coir,<<lunity . • ,The Cha�ir��.an of the Parks and Recreat;ion Comrn�.ssion :i.s appointcd by the Coc�e as a�,�e;aber of the Plann � n� Cornm� s�Ian. The Parl�s and Recreaf;:i_o;� Col�l„ i.ss�.or� i_s t�ot a sub-comr�if:f;ee o�' the Plannin�, Comrniss� or�. ' The Chairr<<un o�' the T�'ridle�� Environ;�en'cal �ua7_:i.Ly Cor��►ission (FE�C) is noi; appoinLed by cocze as a me�;�ber oi �he Planni_n�; Commi �sion . The , I�E �C is not; a sub-co►;�;riLtec� ot' i�he i'1.annin� Cotnmission. Zs -� t�o Ue assumed thaL the T�'EaC � � o�' less 7_m.por�anc� Lo t;he C�ty of Friuley ar�d are Par�cs arac� Recx�cati.on. � � Xs :i{; to be a asurned tnat �:t� En�ironmental coi��i��is;�:ion has less to offer t;han doLs ParE:s at�d i�ec.rcaf;ion. � , Zs i;lze �enviror,men� o�' Fridl�y a_mportant enou�h so tha� it should be at all Lirnes cot�s:idered as a pa�t a�' the future, �:lannin� oS' Fridley. ' Can f;he ��L�`C ha�r4 a use�'u7. :�.ta��u� inL-o the plar�nin�}; af the City if , Lizey on1,y rece ;�re �_n �'orr,-:�:t:�_ot� � fter �he fact �.r�c3 arc� no� a3.lo:•+ed �o voLe an an isst�e aL ha��d even ii' �� may v�.Lally ai i ect the enviror,:�:e;�;; . 'xf tl�e I�%.�C is nof; �o l�e a11o1•1cc1 a seat; on the Pl.�:ii,nin� Co;��^iss�o;,; 'f Lt�c� i�f�,�,;C ._s no'L to be ��J_1a��ieu to l;cl:� r:�t?:e c�ec:i_sions abouL the fu�urc 'O� 1`1':I.(:IG1r� ��t)C�� LC:�iUSC'- t•�:C,' Ci�V?.1'O?'1i�1C21� C-'I'iCOlii,l�uS.`3G� �l�a. �?'flil:iE.'� G1 i.t Cj_t:J��.�". 1�!="E` c1t7Ci ?� ti)E'.CO;:;:_r)�� 1T101'E.' SI;C'1 1'.;OY'C'. 1T11j�0:'i.?Yl�: �1S �70�JL11c1�:.L0:� ?_Cl_ crctz��es, no �_se _tncreases, opec� Cpace .dc�c� eases, etc. ; rerhaps t^,en ��.�. C,ii.'.C�.S]_Ui7,. �'.IICI COI)C�_L.t::�!_OI�;a Oj' Oi��1E',I' COiilil'�S; 1.01`l� G117� Sl1D--CO:�::"� :L'��CC:S �}?oulcl t�u ��out; � nel.�r routeu �o Lhe �,nvl.ron:-;lcnt,at ��zal:i_t� Co�f�mission :i or Lllcir t�ind:in�; appz�ov�1. and acceptance and for�aai�c�'�n� Lo tne C�.Ly Counc�_1. I t•roulci noL- Prrf'er f:v �ee t�� abo�e happen. `1'he Plant��n; Comc7is; ion is tzr} e;:ce:il.ct��, cor,:r:�SSSion and has clone an excel:Lcn� ,;ob i'or tlle Cit:;; o�' i�'�.�ici:lc>:� in it:� }��1t:nn�_n;; to datc�. ]lo��;cver, as I�'r:�ci:lcy and t;l?e ti�:o�:Lci �c;��o�.�r, r:o7�°� ana ►ro.re t}�Zr�,;. have to be t;<.�l:c�r� ir�t;o eoi��;icier...zLi_on. �� r�er.>�n �•.1�0 1��<, r.,�:de thc� et��:izonr;ien� hi:� :��cci�zl I:no:�rlcJ�;e c•:oulci be of inv�zlu<�i.�].c ��i.cl f;o tt�c Pl��nn:i�r�_, Cc>;:u:�a:ssiot� in 1'0��1_n_; at�ci cic:ciclirt; u�cn 'pQllc;r. t� i:n��_i.�°or��ucni;<il. C?ual:i.t,y Cor,�:ca�i..,s_iai7 �•:l�_LCI� czin b� z�s�orc:ci or noL u:;cd a � a�1 :i� o�' aittil.c v� luc Lo at�yonc: , `�hc c7uc:�t-=i.c�r� no�:: :is: Aoe:> t:he C'�ttir Councl.�. of' thc Ci�y oi' !�'r•idlcy ,wiuh t:l�e Lt�vtrornnet�f:al L�ualiLy Co:,u;�i� �`�oi� Lo be � usciul. at�d u: ecl advisory bociy to the CiLy Cauncl.l, or does it U1.r,�T�1y ��.�h to have a �hl ;h-souc�ciir�,; but r>�:�rex�les� ar�d 1.�t�orecl t�uncll 01' ciLi7en� siti.in�; �round -i n the Co;r,r,iuni�;y Roor�► on every �hird Tuesday of Lhe monLh? �- n � ' ' Mary Jfarti.n Fr.:ldley i:nvironMer�f;al Qualit;y Commission , .�� I J �J Planninq Commission Meetinq - November 2p, 1974 Page l� Mr. Drigans said that w}ien he was at their mee�ing, it was his fecling that th� members themselves werc in disagreement as to the best l�vel to follow. PZr. Langenfeld said he thought it was the cancensus of the �QC that they have a dir_ect advisory capacity to thc City Coui�cil.. Thcy would lik� same policy made where major it�ms, things that have a drastir, effect on the City, be f.unneled to tl�e l�nvironmental Quality Commission before the fact, instead of. after the fact. �-K � Chairman I'itzpatrick said the Planning Commission get things a�ter the fact also. Onl.y the Pl.ats & Subdivisions-Streets and Utili.ties Subcor,lmittee mak�s r�commend.ations to the Planning Commission. � A11 �.he other i3oards and Commissions recommendations go directly to Council, and the Planning Comm�.ssion only receives their minutes. Mr. Langenfeld said the EQC would still like the Chairman ' of the �nvironmeni�al Qualit_y Commission to be a member of the Planning Conuni�sion, but they wauld r_eport directly.to Council. � , r� ,_ J � � Chairman Fitzpat.ricY sai.d it iaas his op�inion that the Planning Cammis�ion would bencfit from input from the FQC, and that might best b� served by having tkie Chairman of.the �nvironmental Quality Comrnission sit-L-ing on the Planninq Commission. Mr. Fitzpatrick said we o�ten send tliizlgs down to a subcommittee, and the C�iairman of the EQC coul.d make tilat recommendat�_on also, if he was a member of the P]�anniiig Cammission. Mr. Drigar�s sai.d it seemed to be a consensus of opinion from �Q�ne of the members of the Environmental Quality Commission that evcry time a shovc�l ;,=a� �.aken to the ground in Fri"dley, they want to pr�pare an environmGntal impact sta-L-ement. Chair_man Fi_tzpatrick said tha� he thin}:s what they are asking for is that certain tlli_ngs be routxrie7_y rou�Led to this Commission. Mr. Drig�ns said i=he various BoardS and Commissions are dra��n �• � from differeni� part.s of i:he Code and thc� City Charter. He said �Lhat when i�hc� P1a��nir.g Commission was revie�ti�ing i.he Code, he i:hought a ne�•� or_•dinance shoul.d be made, t.o encoinpass all the boards and comir�is- , sions and tlieir si�ructure and dut:ies and responsihilita:es, into on� oidinance. Cha�.rnlan Fi�:zpatr_ ic}: said that Mr. Drigans was talking about an ' area i.hat �aould need the City Attor_ney to put this ordinance into the correci� legal lan_quage. LJ � � � i Mr. Lindbl.ad asked how you would defirie the things that shou]_d be ref�rred to thc Environmen�al Qu�lity Commission. Mr. Drigans said this is a pretty gray ar�a, when it comes i:o noise pollution and otlicr things tiiai� have to du� wiL-li environment. Mr. Langenfeld said thai: if he was a memUer of i�h� Planning Commission he could flag down tl�ose tliings that he thought needed 1I1��Ut. from the rQC. Chairman I'itzpatric.k said you would be aware of some things � � %'L , P1ann�nq Commi�sion Mee�inq - Novembcr 20, 197�4 Page 13 ' before tliey happened as a member of it woulc3n't insure that you would be don't come thr.ough this COITLTil15SlOT1. Chairman of the EQC became a member � should Ue a more expanded definition will pl_ay in the City. the Planning Commission but awar� of a lot of things tha� He thought that before th� o� the Planning Commission there of just what place the �QC � Mr. Drigans said he had mentioi-�ed at the meet3_ng on November 19t1i that the City s}�oulc� have some typ� of Environmental Policy Act, such as the State has, and that until that time, the Council should pass a resnlution p�acing the Chairman of i�lie _Env�ironme"ntal , Quality Commission on the Planning Commission either as a full member or an C�Y>-Otf 1C10 member. � , ' ' � � � I� �� '�� Mr. Blair as}:ed Mr. Langenfeld if he had seen any�hing in tne l�lanning Comnu_ssion agcnda where he woul.d have liYed to have input from the E�C. Mr. I,angenfeld said he couldn't think af which items they were, but he knew there had been some items. Th� azmor�r was onc thing. Mr. Blair, asl:ed why the Lnv�:�rorr�tental�?uality Commssion would be irivolved in the armory rcquest. Nr. Langenfeld.said they would be destro_ying many natural things a,� the site where this armory was proposed, and other things enter anto it also. • Mr. Blair asked if the Environmental Quality Corrunission would want to kno�a about any lare�e buildings that caere proposed in I'ridley? He said the City issued a lot o� building permits. Mr. Langenfeld said they wouldn`t ex�eci� to s�e al1 these. i�Ir. Blair_ said the Environmental. Quali-L-y Commission had pi_cked a controversial issue in the armory. He saic� that a_f someone came in a.nd �vanted a p�z'mit for a nine acre building, this would not come through. the Planning Commission. �aould the EqC want something l.ike this re�erred to them? Mr. Lanqen- feld said i.hey would, so they could det��.min� what this would do to the all-over environment. � Mr, Harris said that at the meeting las� night, and again tonic�ht, something keeps coming thraugli, and al-�hough no one came right out and said it, he got tl�e feeling that what th�y were talki.ng about was ve�to. He said he fel.t that same of the peopl� on the EQC want i;he final say on ever_yt�iing t�hat is done in this town. Mr. Lanc�enf�ld sai.d that as C2iairman o� tlle Environmental Quality Comr,lis- sian, he firrlly b�li�ved thai� environment and progress should go i:ogether. Mr. Driqans said the feeling he got from the meeting was that the Environrnental Quality Conunission wantcd to look at the negative cffect things would have an the environment. He had never heard the EQC t�allc about positive programs. Iie said thc Planning Commission has ].ong discuss�d a tree nursery. fie said }�e felt that for every tre� thai: haa to be cut down in t.he City, that was a negative effect, there should be a tree planted, which would be a positive effect. Iie said �ae are not only talking aUout l.and, we've got sq.me apartment buildii�c�s that r.eally lao}: dilapida��d. That's environment too. He said thr�t thc mce�ings he has attended of the EQC, all he has licard was that some dev��lopez was leveling land, and now the armory. He 11asn't ticard any proposals th�t would counteract the eifects of_ som� of tl�ese i�hings on the envionment. He said we have billboFZrds in Fri.dl.cy ihat don'i� meet the code. The Envionmental Quality Commission .�...e,. -- i ' , � �J I � � Planninq Commission Meetinq - November 20, 1974 Page 14 i�m should be looking at th�se and _qiving an eizvironmental impact statem�nt to the Board of 11p�eals who ��ill have to act on the variances, and the Planning Commissio.z, �who will have to hear the requests foi Special Use Permits on these billboards. � Mr. Langeni'eld asked how the Planning Commissian would vote at the present tin�e on having the Chaiz-man of the EQC as a member of the Planning Commission. Chairman Fitzpai�rick said he wou]_d vote in iavor, but h� wou]_d like -L-o see the duties and responsibilities of the Environmental Quality Commission de�ined fir_st. Mr. Drigans said h� would like to havn an ordinance set up stating what �aould be routinely r�ferred to this Commission, and unti.l that time he would we�come Mr. Langenfeld as an ex-officio member. ' Mr. Harris said he would vote yes, with the priviso that �he final approval of decision on what would happen in Fridley be up to i�he City Council, who are elected officials, and not with the 1 Environmental Quality Commission, who can-only be an advisory group, the same as the Planninq Commission and the other Boards, �aho were all appointed by the Council. � Nr. Lindblad and Mr. Blair said they would vote yes. M.r_ . I.�angc�nfeld said he had told the �QC that they would � be dealinc� �.,,ith citizens, and their recommendations would have to be such as to not force anyone out of business. i � � � , � � l� ADJOURNMTI�TT MOTION by BZair., second�d by Lindblad, that the PZanning Comnrission adjouxn their mc�eting. Chairman Fitzpatricl� adjorn�d the meeting at 10:35 P.M. Respectfully su}�mitt�d, l-�!-C'� � J-, ,. �.G'�� , :-� n2./ Doroi�hy L�enson, Secr�tary � � 0 BUILDL�'G S1'A.?�'D�RllS-DESIGN CO�Ti:OL SUBGO�L�IITTEt: I�IEL•TTNG OF NO�rE11BER 21, 1974 Tl�e meeting was called to order by Chairrrian Lindblad at 8:00 P.I�I. A1EAiGl:IZS PRESt:NT: Lindbla.�, Simoneau, 1'onco b1�MBF.RS At3SI:NT: Nelson OTIiERS PRIiSENT: Jerry Boardman, Planning Assistant D10TION Uy 7'onco, seconded by Simoneau, to approve the minutes of the November 7, 1974 meeting as laritten. UPON A VOICE VGI'E, all vot�_ng aye, the mot�_on carried unanimously. 1. CONSIllF:I:ATION OF A REQUrST TO CONSTRUCT A NESV BLJILLIING TO BE llSED A5 A {4'AREHOUSF,: LOCAiI:U U,\� LOTS 76 A:�D 17, BLOCk: 8, 0\:1l'd:�Y: TfiL'• SA,'�1E I�IiI�iG � 7791 ELbI S't'RI:FT, FRIDLEY, AITN�\I:SOTA. (1:EQUEST BY PACO D4.1SO�iRY CO�TRACTORS INC, 5920 NOI:TIi I�IRKt+;00ll L:1�I; , t�Iliv'NE!��'OLIS, �III�I�iESOT�1� 55442 � Mr. Jerry Pasclike iaas there to present the building to the Board. AZr. Paschke stated that he would like to bui.ld the tsarellouse pretty much like he had discussed at tlie Novernber 7, 1J74 meeting, only this time he had a plan that showed its relationshi.p to th.e Harris'rBuilding. He said that Mr. Harris had agreed to the joint parking layout as sho�+�n and taould be getting a letter f.rom }zim. P•1r. Tonco asked i.f this letter would relieve Paco Dtasonry of furthex variances in the rear yard. Dtr. Boardman said that if i�ir, Harris a�rees to this parking arrangement it taould elirninate the ne�d for the variances in the rear yard because of joint use across tlie property line. �Ir. Lindblad s:.ated that he thougllt tfiat this plan is much more satisfactory tli�n continuing a driveway south �ahere previous alley ivould have been. b1r. Tonco said that if Dir. Paschl:e or any other builder sllould develop t�ie property south of this building it ti+�ill be necessary to provi.de side yard paxkin� only. N1r. Paschl;e said tl�.at he ceas a�aare of that. Mx. Simoneau asked �ahat the building �aould look like. N9r. Paschke said that it will be the same design as all fiis other buildings in the area and ivill bc comparable to the axea.. AIx. Lindblad said that the loadinb dock wauld have to be provided off the parking lot in tlie rear yard as shown on the plan. FIe said tIiat t}iis loadir.g area must l�e dxained properly so that �vater caill not be txapped. DIr. Simoneau felt that tlie landscape as sltown on the plan s}�ould be suffic.i_ent. D10TION by Tonco, seconded by Simoneau, to approve Lhe request tvith the following stipulations: 1, 'fhat a letter from Alr. Harris agreei.ng to the joint use of the park- ing faci�ity be presented to the City Counci_1. 2. That .if ttie buildin� is sold to any occupancy other thari for waxe- liouse use, t}icn additional p:irkinb must be obtained either fxom a joint park- ing agreement or from his property to thc south. � � � -,; 8 A SLfILDIi�G S"I'�L'�DARI)S-UESICL'� CO:VTROL SUI3COtt�1I'T'I'EE TIEGTING OF NOl!F;�9L'ER 21, 1974 P�. - 2. 3. Tliat the loading dock area be p:roperly drained. UPOV A V"OICE VOTE, all voting aye, the motion carrie�l unanim.ously. Cha.irman Lindblad acljourned the meetinb at 8:20. Respectfully submitted, � 1 � �� -� �� -�—:-�G-L="'�. - �-�;ir.�--�G,.�-..�.— %Jerry/ oardman Plannino Assistant � � ' � LJ � ' � ' � L� , ' 1 � ' � � , � 0 CITIZEN BIY.'r'.t��AX C0.'�4fITT�E November 13, 1974 MEMBERS�PRESENT: Dennis Schneider, Bill Gerads, Bette Papke, Lee Houck, Vern Tioen, Jerry Soardman . MEMBERS ABSEiv"T: Bobbi Spaeth, Jan Thomas, Bob Lee, Joe 5chommer Vern Moen opened the meet�ng at 7:38 p.m. Continuation of the route selecti.on was the meeting's agenda, and Mr. Boardman presented a diagram of the map of a tentative route selection the committee had set up at the last meeting. Mr. Boardman suggested loolcing at each of the trails, and see if there should be any changes in it before they decide how to handle the intersection crossings. He reminded them to �:eep in mind park and school connections. Jerry Boardman said he had asked various p�anners from IvTew Rrighton, r4ounds View, Columbia Heights, and Spring Lake Park t.o attend the.next meeting. . Mr. Boardman said they had come up with a few cost estimates. These £igures were taken from 1971. A bike path lane, which would include striping, paint, and labor, would cost appror.imately $180-$200 per mile, The cost of signs were $21 per sign including labor. The cost of a bike path would be $16000 per mi.le. The cos� of a wooden bridge was $3500. Mr, Boardman said they had originally set up the plan for a f-ive year program with $20,000 per City sliare and $2J,000 per state share. Bill Gerads felt they should classify each section setting up priorities according to cost. Jerry $oardman said ttie County may pick up the bike lanes that are county property such as Mississippi, Osborne,. East River Roaci, and Central. Vern Moen felt it a good idea to estimate the cost per mile after classifyir�g each trail. Bill Gerads asked if they could obtain professional help on the cost estimates. Mr. Boardman said that would be possible. He emphasized t�at sidewalks to be constructed would be maintained by the City. Each section was classified as to what the committee felt was needed and what it should involve. Various changes were made in the route selection. A color coded system was set up on the map representin� the speciiic type of route selected: blue, two lane striping; orange, sigt�s only; green, path; purple, ramp or bridge. DISCUSSION WITH CITY E�GI?v'I;ER Tom Calbert, assistant ensineer, was present to discuss with the committee the inCersection crossings and wltat it would involve. rir. Colbert stated that the main crossinhs �:► UniversiCy Avenue were Mississippi and Osborne. He said there are pZans presently being made to modify ttiese intersecCions to the extent of safer intersections by channelizin�-traffic �o there is not as much congestion. On Mississippi and University, there will be a free right turn lane, it will consist of a yicld si�n. tSr. Colbert indicated on the map that there was an island, and sa�d it was not wide enough for a bike path. The bicyclists wi11 have to be treaCed like a pedestrlan at the intersection. He said they would have to push the button and wait. i • � Page Z Signs wili have to be constructed such as�"Y�eld to Pedestrian in Cross-Walk." ' Mr. Gerads felt ths.s mettiod of crossing was satisfactory, i�ut felt as soon as the system is set up, education should be taught in the schools on bicycle safety. 1!Sr. Board�aan sai.d another alternative had been discussed to eliminate crossings , at.Mississippi and then go on to 61st. Mr. Colbert said the idea oE signalization was that people caould cross regardless, since it is a major intersection and leads to v arious places in the City. It should be made as safe as possible. Mr. Colbert 1 said the islands do create a problem and if there were bike lanes on both sides of the street, it would be worse. rir: Colbert said he would like to see a one- sided lane on the street for on� crossing per bikeway. . r L_J � , � � � '� � � , � � ' ' Mr. Colbert recoruriended bil:ing the path farther down to 7th Street and crossing at some point on 65th. Anothex good reason for putti.ng the traffic on this stretch on one side of the road, was that sometine there probably will be a pedestrian overpass. Jerry Boardman said they wi11 probably have to make a Gity la:� that says that at any time you want to cross, stop your �icycle and wallc it across as a pedestrian. Mr. Boardman said 65% of all accidents are probably caused from failure to stop at stop signs. lie said this was a bad situa�ior. and the committee should set up or recommend some guidelines. - Mr. Boardman said they would have the same type of problem at the Osborne and University intersection. Mr. Colbert said they had talked at a grevious meeting getting easement from the St. Paul Water Department. If that was not �DSSible, they could stripe Qsborne. T�ee �iouck suggested goins stripe to a certain point and then going off street as they approach the intersection. Tom Colbert said they could do lt that way, making it somewhat easier. Mr. Boardman said they would have to find a location where they could cross,on Osborne then. Bill Gerads asked if it was off-streei:, it would be two way traffic anyway. This could be done if the Water Depaztment approved af it and easement was granted. Mr. Colbert illustrated on the map a few probl�ems he Could forsee in the present set-up. People coming docan thru the larie and gettin� a green li�ht �nd then crossing and waiting on the island for it to clear. up, co�ald create a problem. Mr. Boardman said the question was how much bike traffic would be created with the construction of a bike rouCe; presently there is not much traffic with bicycles on Osborne. Mr. Gerads felt they would be better oft having the lane on one side of the street, preferably on ttie north side. .BetCe Papke asked if the push button signals could be lengthened such as on the intcrsection of Tlississipri and University. She had heard of many complaints on the amount of time avialable to cross. Mr. Boardman said that was the reason �or another push button signal �n the middle island and was definitely a problem. �DJ011R*T�fEN'F Vern ;ioen declared the meeting adjourned at 9:58 p.m. The next meeting will be on Tuesday, November 19. Respectfully submitted� �� %�sU L;�n-�-'S.L'-� Recorc��aig S�cretazy (/ 1 1 , ' ' � u 10 Ci�ARTER COMMISSION November 19, 1974 MEtvIBERS PRESENT: Ray Sheridan, Ole Bjerkesett, Harry Crowder, Peg McChesney, Elaine Knofff Jackie Johnson, Herb Bacon, and Edythe Collins MEMBERS ABSENT: Roy McPherson, Jerry Ratcliffe, Robert 0'Neill, Donald Wegler, Francis Casey, Jack Kirkham, and Clifford Ash Chairman Ray Sheridan opened the meeting at 8:33 p.u►. REPORT rROM OFFICERS The letter to rlr. Sheridan from Kenneth Sporre was received, in reference Co the letter NIr. Sheridan had sent to the Comm9.ttee o� Peti.tior..ers dated October 16. r1r. Sheridan presented copies of Mr. Sporre's letter to all members of the Commission. REPORT OF COr1�1ITTEr5 ' � Harry Crowder, Chairman of the Nominating Committee,°reported on the reasons for nominating the present off icexs. Mr. Crowder felt that most of the work would be done about the time they were through with the election, and the 1 Nominating Committee felt the pXesent officers could carry the continuity through. Mr. Crowder said he had askec� the President, Vice-Presi3ent, and Secretary- Treasurer whether or nat they could serve another term and each of them consented. Mr. Crowder stated the incumbent officer5 would stand for re-election since they � had nobody else come fortn to th� Committee seeking that their name be put up for nomination. ' r � , , ' ' ' ' Mr , Sher idan asked if there cvere a?ny nominations f. rom the f loor . Mr . Sher idan asked a se.cond and third time if there �Tere any nomir.ations from the flaor. MOTION BY ELAINE KNOFF THA`P THE HEARINGS BE CLOSED, BEING TH�RE NO FURTHER NOMINATIONS FROM THE FLOQR. Seconderl by Jackie Johnson. Upon a voice vote, the motion carried unanimously. MOTION BY HARRY CRO[,IDER THAT THE COP4MISSION CAST A UNANITIOUS 3P.LLOT FOR THE MEMBERS THAT ARE NOMTNATED: PRESIDENT, RAY SHERIDAN; VICE-PRESIDENT, OLE BJERKESETT; A23D SECF.ETA,�Y-TREASURER, PEG McCHESNEY. Seconded by Elaine Knoff. Upon a voice vote, the motion carried unanimously. Mr. Sheridan expressed his thanks to the Commission for Cheir conf idence in the elected officexs. Herb Bacon suggested that something be done with the members that have showed no effort in meeting with the Charter Commission. Mr. Bjerkesett questioned what the procedure was on this, and asked whether there was a time limit on submiCting names for appointments to the District Judge. Mr. Sheridan said he did not know for sure, but thought that 30 days would be the minimum before the new term to notify the jud�e af the requests of new appointments. rir. Sheridan said it was his su�gestion that if the Commission were to submiC names, the people should be screened beforehand as to their willingness to serve on the Comm'ittee along with their consent to have their name submitted. Mr. Bjerkesett asked if the original list of names was in excess of 15? Mr. Sheridan stated that it was. Mr. Sheridan said the Charter Commission would submit a list of names to the District Judge. Page 2 � ,• tir. Bjerkesett suggested t.hat a letter be sent priur to the Commission's January meetiu�, inviting all members wha did not feel they wan*_ed to cont�.nue to serve to let the Charter Gommission know by the 3anuary mee�ing. Then a new list of names could be submitted to the Judge, repl.�cing those that wished to be replaced , in February. Mr. Bjerkesetti asl:ed if the tiao y°ar..terms would now be replaced by.a faur year term appointment. rir. Sheridan said it would. �4 A , Peg McChesney felt each person shotild be conracted personally. Mr. Sheridan said when a member misses three cons�cutivP m�etings without a valid eacuse they are automatically removed from the Commission. (The recording secretary will check ' with the past minutes to see who the members are that- have missed the past three meetings. These people will not be notifie� but removed from the Commission.) The only members that Mrs. McChe�ney will contact will be the members whose terms expire in Februar.y, to see if they would like to be reappointed in February. , The following terms expire in Februar}�: Elaine Knoff, Jerry Ratcliffe, Peg McChesney, Robert 0'Neill, Roy McPher.son, nonald Wegler, Clifford Ash, and Jackie Johnson. In addition, a 4 year term membe;:, Jack Kirlcham, caill be contacted. Mr. Sheridan , said in his transmittal to the Judge, he would indicate the people that would agree to serve for reappointment. � ' � , r , ' � L_J t _J � � DTSCUSSION ON PETITION .. LeeAnn Sporre entered the meeting and asked if any action had been taken on the petition, concerning a change zn the Charter, Chapter 2, Section 205, Vacancies in the Council. Mr. Sneridan said no action had been talcen yet, but the Commission was to begin discussing this item at this time. Mrs. Sporre said she could not stay for the remainder of the meeting, but asked i� there were any specific questions. Mr. Sheridan voic�d his opinion, and said he had some reservations as to the wordage in as much as he could see that it could very taell possihl}� be Lhat within a 30 day period you could have two elections of the same off ice because of the requirement of 60 day Iimit from the time of the vacancy. Mr. Sheridan said he would contact Mrs. Sporre the fallowing day. Mrs. CoZlins asked if the recommended changes in the Charter included that a special election be held if they didn't appoint wzthin 60 days of the general election. Mr. 5heridan said it did, the election would be for the unexpired term. This gives the Council the option of appointing. Mr. Sheridan stated that after his letter to tihe Committee of Petitioners,:he met wieh Virgil Iierrick and he went over the sectiozi of the Statutes with regards to petitions or amendments to the Charter. In one section it states, "If a proposed amendment containszmore than a 1,000 words, a true copy and correct copy of the same may be filed �,*ith the City Clerk, and the petition shall then contain a summary of not less than 50 words nor more than 340 words. The summary, together with a copy of the pr.egoseci amendment, shall be f irst submitted to the Charter Commission for its approval as to form and substance." It is Mr. Herrick's contention that whether it is less than 50 words or up to 1000, it has to come to the Charter Com�nission first.for form and substance. It is Mr. Herrick's contention that these are not valid, because they did not go through that procedure. Mr. Sheridan said he da.d not disagree with Virgil Herrick, but felt the Commission could possibly meet with the Committee of Petitioners and come up with something agreeable to both the Commission and the Committee, and then present that to the Council along with the other amendments. 1 � � � � � , � ' �J , LJ r ' � � � , ' Page 3 lo $ Under the approval of the Commission, Mr. Sheridan said he would conve}� to Mrs. 5porre that the Charter Commission had reviewed the petition and na action was taken on it because they have been advised that this is not a valtd petition, but would be willing to sit down with the Committee of Petitioners. Peg McChesney felt they should be communic�ting with the sig�atures of the circulation of the peCition. Elaine Knoff said that Mr. Sporre was the one who appeared before the City Council with this item. Mr. Bjerkesett said he agreed with Ray Sheridan's suggestion that the Committee of Petitioners be advised thaC the Commi.ssion has taken no action because they were advised that the petition was not valid. They would a11ow them time to meet with the Commission and di.scuss the issue, without any indicata_on that th�y will get favorabla_ action en the petition. Mr. Crowder said he was surp�ised that none of the petition signers were present at this meeting. The Commission decided to send a le�ter to the Committee of Petitioners stating � that the advise of Council is determined that the petition in not valid, and the reasons for it, and invite the Committee of Peti�ioners or whoever �hey may select as their spokesman, �o attend the January meeting from 8:00 to 8:3Q p.m. � Peg McChensey fe't there 3s plenty of workable time for everybody to contribute to this. Edythe Collins said there would be a vacancy in the Council in January. Ole Bjerkesett said there was no �vay they will receive action on that that will have affect on that whatsoever. hir. 5heridan said evenc:if the Charter �ommission elected tonight to make a change in that section of tkze proposed amendments and presented it to Council for action, the first time that that could be done would be December 2(after two public hearings), and there is 90 days between the time they adopt it and it goes into a law. Mrs. McChesney was concerned with going about this in an informative method. Mr. Bjerkesett said the Committee of Petitioners have a legal opinion from the City Atto?-ney that this is nat a valid petition, and they would have to take 1ega1 action to force the Council to do something. Ray Sheridan said he did not want to push that issue. Mr. Bjerkesett said he did not want ta either, but assuming that they are able to estabZish tt�at the petition is valid, they could call a special election. It is adopted and becomes a patt of the Charter, the Charter Commission can amend it ar.d su}amit another vote to put it back where it was before. Mrs. McChesney said this was her main concern; to save the City of Fridley the cost in many ways af a special election. Mr. Bjerkesett agreed to this. He felt one thing was being overlooked and that was the option of Council to call a special election, under the present Charter. ADJOURI�TMi�N T Mr. Sheridan asked if thzre was any unifinished or new business. Being there no further business, Mr. Sheridan asked the members if they would like to continue meeting the third Tuesday of the month. The Commission agreed to holding their meetings as originally set up, but decided to make an exception for the January meeting and hold it a week earlier, so they have at least 30 days before the �'ebruary meeting to submit the list of names to the District 3udge. MOTION BY HERB BACON TO ADJOURN THE MEETING. Seconded by Harry Crowder, and the meeting adjourned at 9:28 p.m. The next meeting will be Tuesday, January 14. Respectfully submitted, Recording Secretary Octoaer 21, 1�7� l0 C ��:r . Ray�r Sher' dan Cna �rr;�ar, itridley Charter Commission SER�TED �:Y fI�ivD llear i�ir. Sheridan: Le advz.sed that Tve cons ;_der the re �ponse ta o�.�r petition whicn you autl�ne in your let�er of October 16 to be an ill.e�al response. The laws �f t��.e Sta�e of ��innesota do not perm:it you the discre- t,on you descri�e. - Tne petition for Char. Ler Amend�n�r� wha.ch tive flled wi th you on Uctober 1, 1971�, vaaa erecuted and filed under the provisions of I��:_Lnnesota Stutu�es Chap�cer �i10.12 Suc�d. 1, 2, 3, and u. P],ease refer to tnis law. Subd. 1 Provides that a board of fz�ee'riolc�ers may propose amendrnents...and sria.11 do so upon the pe�it�ion of ��o of the voters of the city. Subd. 1 also contains pMov�sions for th� Charter Commission to prep�re a su.znmary of our p�o�osed amendrr:ent if it ex- ceeds 10�0 u�aords, �ut since it does not excEed 1000 words, �he CharLer CoEnm�ss:�cn does not have the authority to re- vise or sum!�arize. Subd. 2 defines the f'orrn �f' the petition and has been sa�isf'ied. Subd. Requires the followin;;: (1) All pet:.tior� papers to be filed vaith the Charter � Comm�.:sion as one instrument. This was done on Octo�er J., 1y7�+. (2) The peti�ions are to �e transmitted to the city , council (vahi�h you have not done) and the City Clerk �s to determine the sufficiency of the pe- � ' 1 �_1 ' ' � ' � R. Sheridan - 2 10/21/74 tition anc? report within 10 days. The Clerk shall ea.�her certify the petition sufficient, or insu?ficient. If insu�'ficient he shall set fortYi the particu- lars in cahich it is defective to the petitioners ar�d the petita.oners shall then have 10 days to amend and retr:edy. Subd. 1� Provides that the proposed amendr,ients SHALL BE subm_itted at a;;eneral or special eJ.ec��_on, followin� pub- lished notice of once a vaeek f'or four con�ecutive vaeeks o Tf 6�;�.• of the qualified voters v�atin� �zt such e].ection (voting on L'n� questior�, per Supreme Cour'c decision) approve, �he sam� snall �ake effect �.n 30 days from the date of the election. lOD The ca,e law anc� Attarn�y General OPin�_ons on �his subject are ex- ' tensivE and a11. supp�rt �he pet��i�ner's riahts to prompt electa.on. T(ze Commission and City Council �.re pro�i.bited fram changin� the proposal. (Att�y Gen. 58-C, Apr. 2, 1��8 and others.) ' � � ' � ' � '�I � ' � L1 , State vs I3each, 1��23, 155 i'��iinn. 33, 1�1 N.U1. 10I2 holds that the subrniss�.on is rnan�atory. A�t�J. Gen. Op. 58-C, �1�r11�, 1.9�8, also holds that tihe City Counc�l has the dit;y to ca11 a speci.al electian �o vo�e on proposed char�er arnendrlent w:ithin JO da� a.f �er af�l.-iverr�y oi' pro�osed amendr��ent (un- there is a �ener��. caty election �aa. �hiY7 6 manths . This date, �'0 c�ays f'rorn the da�e of del:i.vez�y, October 1, 1�74, will be i�:onday, Decem�ber 3G, ly;�k. Zt seer�s to us that yau ar�: allowing a substan�ial. par� of your g0 dayrs to slip a��.ay, `.Che sarne opin � on hol�s that' �•'iandamus cvill, 1�� e to force the �avern- ir;; body of a city tc cail an electi�n if' �t i'ails to do so. ti•de dU no� believe cit�zens should have to resort to le�al action to �et public bodies to obey the lativ, bu� a.t a.s aur intention to see th�.s election held in compliance with the law and taithin 90 days of the filin;y; date of Octo�er l, 197�+. Please comply by transmi.tting our petition to the City Council and City C7.erk for verification and action. Sipcerely, ;o-�,� '�- � ��'-� _ �� Kenneth C. Sporre j �� II ,(. � � rl �� ' � � ' � i , �� ' ,� , � ' � AGREEMENT AGREEr�EfdT between (�i �nd M Properti�s - Partnership, the owners,- p7atting Fteather Hills 2nd kddition and proposing the Plat of Heather Hills 3rd Addition in the South Half of Section l3, T-30, R-24, City of Frid]ey, County of Anoka, State of Niinnesota, and the City of Fr�idley. It is hereby �7utua1ly agreed that if the City approves the Final Plat of • Heath2r Hills 2nd Addition, the Gwners i,rill agree to the following con- di�ians: l. That the Owners will deed (a�hich deed is attached as Exhibit A) 2. 3 4. 5. � r� ta the City at no Gost the following described property: The West 200 feet of tne South 360 feet of Lot 23, Auditors Sub- division No. 22. H11 lying in the South Nalf of Section 13, T-30, R-24, City of Fridley, P1innesota, and as noted on Exhibit B, 4lhich described property is to be used for park and storm water ponding purposes. Thai the City accepts the deed and wi11 pay any future area assessrnent against the deeded property. That the 0«ners 4d11� pay all taxes and penalties due on the pro- perty as of t�ecemoer 31, 19?4. That the aforementioned property deeded to the City includes the amount of public lard dedication required by the City Platting Ordinance for Heather Hi71s 2nd Addition Plat and proposed Heather Hi 11 s 3rd Addi ti on F'1 at as no�ted on attacned Exhi bi t�. Shat the aforementio�ed property is in excess of the amount re- quired for dedication according to the City Plaf:ting Ordinance. That the City in lieu of payment of �7,b00 to the Owners for the excess public land deeded to the City will allow credit on the �800 ;3er ]at storm sewer escrow required by Resolution No. 73-1973. 7hat the City in recognition of the storri� sewer to be provided by the O�.vners in Heati�er Hills 2nd Addition Plat and proposed Heather Hills 3rd Addition Plat in the estimated amount of 51,400 will provide credit toward the �£i00 per lot si:orm sewer escrow reyuir•ed by li�solution No. 73-1973. �. � ' ' ' ' ' ' ' ' 1 ' � � ' ' ' ' � ' Agreenent E:� llA M and P� Properties and City of Fridley Page 2 That the amount of credit for the excess land deeded to the City. and starm sewer will be in the amount of $400 per lot resulting in a required escrow according to Resolution Pdo. 73-1973 of �40� per 1ot for the properties in Heather Hi11s Znd Addition Plat and proposed Eieatner Hilis 3rd Addition Plat. AGREED TO THIS Recommended far Approval By: Nasim M. Qureshi, Ciiy iNanager Approved by City Council: Frank G. Liebl, tdayor DAY OF 1974. 1974. M & M Properties i�1�� _ � r �.��1 E. 0' Qannon _ - r' '_,L �-t! c'�'l • <��/�rA�'J�=t1�'Z.i Olivia A. 0'Qannon �� f �.�.� �� i'�ierle L. Gasl�n � r�c�V' f �"i ��' L .. c r1 er7e D. Gasl i n � Partnershipi; � .._,. "�� / "/�'� �/�l/ �. � � James W�kog � , --. ,% , � ,; : , , ,:;� � ,� .� - � ,� , >, .' , L' C , ( C...—. — . �/`_ � L ." Irene R. Skog ��, � � � �° ��-�.,.,� Mike E. 0'Bannon � . . . �^ /,,� C.- /. � � lc: l�: , , ��—' ' /` /�L 1r�`� Olivia A. 0'6annon : ; � . , . } .� :, � �.:� EXHIBIT B _ ' `" s._ � - ` ..,.. �;,� • � � ►:. � ;. , � : � . , ; � ; , :. � , � • r-------- - : � �,: � � �, C � �� a � .�. , . � 1��j � "' f37� 13�`� ,� i �'�� :I� '' y �y y 9O ,.,,, . /' �i D . • , . 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F t� �' ,��. � .ot � � � I y �� y' Q_� / t _ ''y ..� - �09 .� + � � , , , r a , ; ��,',�� ,� t G� � /4 � ' .. -_-.. _-- / ,�' '�`�,� ( � ; } t, * �} , Pi ' �I � . � �� q� �. i �: Ea�/�, Jl� `;'. �t w � � .. ' Y .> `' S� �� ',�^ •-; � � ' J � �' / / / . . s-.a �____... � _•�j.. /�,� �:a _ ?J . . . J JI4 �OH,YuIY � ,� R� ��f �^► `o' _ . .— ... .. . -- -- - .- --,......_._._._r..._ _ . � -'^% --�--:J �� v'rf J --� •=�---� -"1�' ,T �L j� a..... � - ^' -----*-----••.. . , ..""" . . ' , r/ , 'z � ' REGULAR COUNGIL MEETING OF FEBRUARY 26, 1973� Page 5 � L � ' ' � � �,� � MUTxON by Counci].man'Uttex �o ag�rove the recommended appointments to the ad ha� North ��rk Ccr.rm,innittae r�.n� �dd th� nsr,�es of Mr . Edward Fitx�atrick, Mr. Rj.ah�rd Ycung anc3 i�r. F3ob�rt• Werner� Seconded by Councilanan Nee. tTpon � vai.ce .tote, all voting aye, Mayor Liebl declaxed the nwticn carrie�3 unanimously. C. CONSZDER�TION OF PRQPO�.A.L OI' BRALT�Fi f� ASSOCIATES DATED FEBRUARY 8� x.973,__'I`O T'at;�'ca�'v.�I A GUI,f CQURS�,/.d1�TTiJI2E C�SV2'EF2 FF•ASIBILITY STUDY FOR NO.:1TI3 Pil�ii� : ~�—� Councilm4�n Breider said ciue ta the,negotia�ions between the City Aci�iinistxatia� �.nd rir. B��:uc�r, the cost bf the feasibi7.ity study has been reciva�:ci by �3,fl00.00. He said it was orginally $14,000.00 ar�d ha� be�� reducad ta $ lI. , 004 . Q0. Cpuncilman Bz•eider sa�d Mr. Brauer has agre�cl to a,dviae the Coxunittee af his fealingr� iF at �ny �ao'.n� .fn the study he baca�t►es pxajudice. Counczlm�.n Bre�.d�r �aid tha City will only be charged �ox the :��r�vir.e� tk��.t- h��T� be�n rendered up Linti.l that time� nofi. fox th� ent:.� �anoun� o£ the �t�dy. i�TiON by Councilz:�n Hr�icier to ��horize the �e�sibility etudy be c�o,�ae by Brauer �nd A�aoaiafies as p�oFo�eci February 8, 1973. Second�d by Councilman Nee. � 1 Counciltr.aa� St�zct�lt qu4stioned thV raduckio;� ix� �tae amount aekxng if �his cauld be done bec��as� �he Ci�,� w�a to provide � aoyna of the infax-mati�n that h�d ks��n par� c�f �h� proposal? Cauncilznc�n �reic�er said this was �r,xx�ct, ac;�th�:r thsn p�y , the �dditiozl�l ��xncuxi�, �ie Cxty wot�lc� a.s�s�.gn �, m�er of the �t�ff �.o go out and g�b �iae informat�.on. ' � Tlxe City M�.nac�Ex cal�ed the att�n�zoi� o� �Ghe Cauncil to item nuu�eg C��.q� 2°0 of tY�e t�g�nda �d re�erx�c� to �he owners r�sgvrasibility. Iie s�a�d thQ admirii��x��tion iiad looked thie ' over during txa� r�v�.mping af tha c��ahe:n�iv� plan. He �dded, ' the �ity i� able to �upply th� n�.��.ed c�a��. �'h� City Manager intxodu�ed � rEpres�r��tivc� f'rom F�r�u�x r�nd I�asaci�tes that Wa� � membe� o� the c�udience, Mr. P�u1 Fj�,re. ' � , `r J � ti .� � `c� �' % � �, ; t\;� . " 1 a,�a' ) '; ` T� �� The City Mantxger said for the informatian o� g..he audience, the �irm had ag:re�d to �i.ni�h �the �tudx in a p�riod oP ninety days and thay were able to ptart immediat�ly. UPaN A VOZC� �rOT�, all voting aya, M�yor Li��l declared the motion ctarried u�n�nimously. CONSID�RATION OF A R�'QJ�S'►` F'F:�?I�. tdIY.� 0'RIaN�VON TFiAT xHE CITY MANAGER SIGN A PI.AT iiITHOUT 11N 11Gi�F.A3.ENT Tli+1T $�00.00 PF:R LOT 13E P(IT IN ESCROWt Mdyox Liebl c�lled tho a�t�ention of t,he Counoi.l to 'tha minutea of the Gcuaci.l ma�tiz�g of May 8, 1g72, wlien thi� m.�ttax hnd beQn discussed by th� �aunci� . Ho r,laca rc�cAllod at the last m0etinq A�` �he Council, CounciZm�n St�,�w�►1� �nd Gaunqiiman Ur�� waro in�truc��d to look into r,2�e mat�BX'o , , REGULRR COUNCIL McETING OF FEBRUARY 26, 1973 , L� page 6 Councilman Starwalt said there had been quite a bit of action on the subject since the last meeting. Councilman Starwait said the City Engineer, Coun- ctlman Nee, Councilman Utt�r� ktr: Fau! �rown, pirecCor of parks and Recrea-. tlon, and himself had looked at the praperty. Councllman Starwalt said ihe situatian �� he saw it was the agreement betwee� , Mr. 0'Bannon a�d che City to pl�ce the amaunt o� $800 per lot in escrow wouid protect the eitizer�s of Fe'idley and the Administration in solving the fuCure prot�ierns o� drainage of �.he area. � � ' � ' � � � �_l ' , � , , � � � uE �qayor Llebl said at the meeting of May i5, 1g7�, Counc(im?n �reider had made a r�t(on k�hich stipuiated Mr. 0`�annon must put $800 p�r lot into escrow for the dnvelopm�nt of the storm sc;wer, Mayor l.ibel read atoud the motion. "P�OTION by Counc+icn�n Sreider to approve the flnal piat P. S. #72-Ot, Heather Nill§ Second AddiCion, consisting of 13 iots, by h�ike 0'nannon, with the stipu- lati� that there be $800 per lot put in escraw for the s�orm sewer at the tjrn� of ciosing. Seconded by Gnuncilman Utt�r. llpan a voice vote, Breider� Li�bl �nd Utter voting �ye, Mittelstadt voti�g nay, Mayar Liebl declared the rr►atian carried." t•�a}�or Liebl usked Acfiing City At4arney, James Gibbs, what the Gouncil wouid havs to do ta eliminate the stipulation. The Gity Attorney sald any action in this direction would hav� to bz taksn care of at the next meeting of the Council. t�ayor Liebl asked if tiie minutes wouid have to be changed. The City At�orney said Mr. 0'Bannon would have to appear before the Council requestingc�a'�<�,:,��ding of the stipulation. The City,Attorney said he did not believe this'cc�uid be done at the present meeting. Mayor L1eb) said thera must be elarification on the point. The Clty Httorney said he did nat sc�e� a way to r�scinii wh4it a former Councll hau+ approved. He said, he dfd no� believe it could be done. . Mr. p'�unnon asked the Fdayo� to read the motion �rarri the meeting of hlay 15, 1972 ance agafn. Mayor l,iebl satd th� requirement under these minutes was that hr, p'B�nnon put the $80Q in escrow, Mr.•4'Bannon �sked tf th� S$00 was to b� pl�c�d in escrow at the time of� closing? H� st�t�d th�t �t th� t(ms �h�a perrult is issu�d� or at the time the house Is bu(lt on the land the banl, �t)1 requ(re �he mon�y be.put into escrow. H� sa�id, at the p�res�nt tine h� w�� only requ�sting th� plat be signed. Mayor Liebl �sked Mr. p'�a�snon if h� was prep�red to comply wJth the stipu- {ation. Mr. 0'��nnon ��id he wc�uld cross th�t bridg�; when he came to (t. Tha Clty �ngln�er s�id the C!ty had ta be sure� h1r. 0'6annon agreed befora tha plat rvvuld be �igned, playor l,lebl asked the City Engineer tf it would be adv(sable to authorize the Clty Planag�r ta slgn the plat and work aut an agresm�nt at the tfine M�. 0'Bannon buElds on the iots? ing C(ty EnginePr s�ld the plat had been auth- oriz�d for slgnature, but tha requfrement of ihe ardin�nca had not been walvad at the present tl►r�. He` sald It Is n�cessary to hc�ve thts guarantee as tha house may bs turn�d over Co anathar par.ty. Tha City Engi�eer sald the plat should be slgn�d tf Mr, 0'Bennon agrees to comply, � REGULAR COUNCIL MEETlNG OF FEBRUARY 26, 1973 � , � ' ' • � � � � uF Page 7 Councilman Starwalt said he had spent some time with Mr. 0'Bannon and he couid understare� his probiem, but he also ssw the need to protect the people in the future..�Councilman Starwalt asked what the cost of the amount to be put into escrow for the pro�ect would have been five years ago7 The City Engineer satd the amount would have been iower. Councilman Starwalt stressed ttie importance of protecting the future buyer and the other future buyers of the area, He ad�ed, this p roject would involve a great deal of money. He said he did not see where the Council could approve anything other than what had been.recommended. Ftr. 0'Bannon said the City couJd not assess people without giving them benefits. Ne add�d, this is the law, H� said he would be witling to pay the same amount as the others in the City. He said he was not askirt�for an alternative or a determined amount ta be quoted that night, he was only asking to have the plat signed, He stated he would like some protection of his money. He added, when the p)an for the sewer and water is worked on, he hoped there would be some kind of alternat� plan for his property, ' Mayor Liebl sald the City would have to have some kind af agreement from the developer. H� said if the p�ople were to be assessed some time in the future they would say they had been assessed at the ttme the house was built. The City �ianac�er asked if it would be possible for someoree else to bu+ld a hom� in that area? Mr. 0'Bannon said he would be doing all the building in the area. �{e adc►ed, he was in th� building business. He stated� there will not be any lot5 sold there uniess he did the,building of the houses. The City Manager saici hc was very reluctant to agree to signing, ieaving the matter in the air. He said there should be some agreement bsfore actton is taken. , Councils��n Ut�e.r s�iG h1r. 0'Banno� could defer the $800 assessment to the owner. Mr. 0'9annon said it would be like buying a car. If the dealer talks of too much naney, the buyer wiil go somewhere e�se to buy ti�e �ar. , ' ' ' � ' , � Counci)man Utter sai� he wouid be providing protection for the home owners of the ��r�a. {�� stressed ho�v each area has a differen� sewer assessment. He said eve.ryone who oYrred land in the a�ea being discussed would be paying the same amount. Councilman Utter added, there fs already some money in esc row for th�t area, M�yor l,iebl ask�d the City Engineer if tha plat ls ready for a signature and what could be done to work out a satisfactory agr�ement. The Cit�r Engineer said the $800 is not an assessment, it Is to be put into escrow. ye said this is dtfferont, this amount �ri11 eover any futu�e storm sewer assessmer,ts. The Gity �ngineer polnt�d out Lhe arsa on tt,e averh�ad pro�ector and stated. Mr. 0'�an�on owns some af the land and there ar� others who own land in the area. The Clty Eng(neer sadd any develope� in the area would be required by the ordi- nance to pay the assessment or escrow for the system that wlll be eventually put in the area. REGULAR COUNCIL MEETING OF FEBRUARY 2b, 1973 ' page a � ll G ' , ' • Mayor L�ebl asked if there is a system being planned for the area? The City Engineer said Mr. 0'B�nno� wants to devetop this area, but the others iR the area were not ready for development at this time.. Th�y are not ready for the heavy assessr�nt, he added. Counciiman Utter asked if ther� were any requirements as to how the storm sewer 1 should be put in? The City Engineer said it should either be ponded or if the Counci) approves that, plped to the�east and then north ta rice creek. The • area Mr. Q'Sennon owns is a very small portion of the land� and most of the � area is not developed, he said, The Gity Engineer said when the land is de- valoped, th� majority af the peopl� would hav� �nay in �scraw for the storm sew�r project. ' � � ' � ' C� , ' ' .-, II� � i I Mr. 0'�annon asked if h� wauld be as��ss�d after th� l�nd 1s developed or befiare? Th� Clty Rtkorn�y s�ld I�� aould ba,a�ked tp llva up to en escrow agreement, not p�y th� �s��s�nk� �t �Mts tlme. F�r, 0'9�nnon sald the case w�s nothing like thgs� thc City exp�ct�d him to p�y �10�00A.00 for Chm prlvi- lage of plat�ing hls l�ncl. H� asked ths Councll to treat him as they had t raa ted thes p�ap 1 c� ofi I nn5 b ruek, �{ayor Li�bl said �very storm sew�r costs money� but it has to be put tn�to get rFd of ti�� rvater. f��yor Liebl �aid past Caunciis h�ve been critized b�c�u�e th�y cr�;at�d a presblem by r�ot h�ving �hg necessary plans or mo�ey in escrow. Ne said'th� pres�nt Councll has a pollcy of b�ing honest with the people by telllnc� them �h�t the praj�cts of the future are to be. He said there mus.� be money in esGrow to take care of the storm sewer problem. Mayor L,lebl said the Cauncil =1�s to thin�c of the �ntir� area. • Councilsnan Breider recall�cS the discussion af the last Council Meeting when Mr. 0'Rannon suggest�d th� City buy park l�nd fram him to drain his land. Councilman �reEder said he would no� agrpe to this because the people of the f l rs t Ida rd veou i d b� pay i ng fa r the l and. N� §a i d when the 4!a l l Corpora- tlan ne�ded drainag� land, th�y gave th� City �h� l�nd, th�y did noti sell,it to the City. Councilman Rr�ider said he would not agree to the City buying the land from Mr, 0'�annon. Mayor Li�bl asked th� Ci�y �ngineer if t�e ptans for the area would.be feasi- bie for the overall cvrr�rr�hensive study? The City Engineer said th�r� would be no storm sewer develop�nt in the area untll it is developed considerably. H� sald the peaple of the area may not want th� pdnd(ng area because of the danger. Then the City �ro uld have to go into the area agmin and const�uct a closed storm sev�er system. He said there could be addltlonal problems with ponding such as the bufld up of sllt, debris, and a hazerd to tha children in the area becausa of the open water. He said Mr. 0!6annon should advise the people that there would be the possiblllty of futu�o storm sewer assessments. � Councllman Brelder asked the Clty Attorney lf thay could agree to have Mr. Q'Bannon pey the $800 escrow amount per lot or an alternative acceptable solu- tton? The City Attorney said this was possfbl�, but thB purchaser of the home should be,�otified that ln a11 p�obablllty there wlll be some k(nd af future assessments far S�Ofm sew�a�. ' �.' REGULAR COUNCIL MEETING OF FEBRUARY 26, iq73 Page 9 ll N , ' • L� , ' ' � ' r ' , � ' �I ' The City Engtneer said 1f the people are aware that the drainage is being taken care of by the pond and som� future �ouncil or the neighborhood wants another system, then there wouid be no problem, and it could be instatled. The basic thing is that people who buy the hause in the area know exactly the set up is for the drain�ge and if there are imF�rovements made, they will be assessed. A resldent of the area requested the Council notify the people that presently live in the area if they plan to solve the drainage probtem by ponding. He said he believed th� people should have written notice ot this possible agree- rr�nt and there should be a hearing on the matter. Councilman Utter said if the City puts in a holding pond in the area, there wauld be a lot af people protesting the action, including himself. Gau�cilman Starwalt asked if interest would be paid on the mor?ey in escrow? Co��ncilman Starwalt asked if thee-e was additional money in the project for the district at the pr�:sent time, and was the r�te throughout the district the same or $8Q0 per lot. The City financ� Director said kh�re is money in the project and the rate had been $800 per l�t. He added, the�e is no interest paid on the money in escrow. Y Mr. Carl Pauison, 430 N.E, 57t.h Place, Fridley, asked if the development of the hoidiny pond would raise the water table of the area. The City Engineer said it would not as the area is quite high and the pond is very small. Counciiman lltter said as long as the Cauncil had made a motion, it had been seconded and passed, to p�t $£� � per lot i�-� escrow, he b�lieved the Council should follow thraugh. Ne mentioned there are other developers in the area and many tots ta be concernad, he questionec� the reason for creating additional problems, Mayor L'esbl asked if Counciiman Utter.w�s recommending the Council to recog- nize th� rr�otion as it stands and was passed on May 15, 197z? Councilman Utter said he did. • The City Manager a�ked the City Attorney if there would be a way of getting an a�re�m�nf for putting the m�ney in escraw after the piat was signed. The City Attorn�y said it would be difficuit to obtain a stipulation or agreement after this. The City Manager said on the basls of this, he was unable to sign the ptat. • Councilman Nee asked the possibility of delaying actian for a couple of weeks, allowing Mr. 0'Bannon to continue constructlon of the sewer and water systems 1.n the meantlmel M•r. 0'Bannon said he was willing to put in the sewer and water. He said he ' realized the City was t�ying to force htm to agree with the stipulation by not signing the plat. He said he had only asked to be treated fairly, he did not w�nt the City to make an example of hlm 1(ke they had of Mr. Miller, and he wanted the same consideration tha� was glven to Innsbruck. Ne said if the plat � was not gai�g to be signed, he wished the City woutd return it to him. Mr. p'Qannon 5aid he would contir,ue to put in the sewer and water. , � ' REGULAR COUNC IL MEET ING OF FEBRUARY 26, 1973 Page 10 �l � , , ' ' Counci lman Brelder said he did not 1 ike to make motions that were not in his ward, and this was not i� his ward, but he wanted to suggest a possible motion. He suggested authorizing the City Manager to�slgn the piat. He said he thought a part of the motion should be to n�tify the people in the area of the possi- bility of the addition af an outfalt pipe some time in the future. He suggested stipulating the $800 per lot be put in escrow if no agreement is reached before the time closing. If agreement of the neighbors is reach�d after closing the money would be returned to.the:buyer of the property. Councilman Breider said 1f the buyer were notified.why the pond was being used and was in agreement with the usa� �h� �scraw m�ansy cauld b� raturn�d, N� �aid ifi the City were to soiva tMa s�orm s�w�r probl�m, tha mon�y wQUid b� thar�s whe�n It would bs na�ded. � Councl{m�n StarY��lt s�id Mr. 0'�annon do�s not agree ta pay $�00 for escrow at tha t(ma ot clesiny. Flr. 0'��r��r�n sa,id it would ba an assessment at the time o� cias(ng. The City A��torn�y said thi� statement wa� not true, it would be ' put in escrow and woul� not be an ass�ssm�nt, Mr. 0'��nn�n sald the bank would reyuire him to put this �mount �side at th� tim� �f develapment if it is stfpu- iated. • . - ' C_1 � ' MOTION by Councitman Starwalt to canfirm th� previous mation of the Council requiring Mr. 0`Bannan to place $$00 per )ot 3n esc�ow for storm sewer assess- ments at the �ime of.ciosing; tha� the CiCy Manager be authorized to sign the plat; and that the property owners of the area be protected against.future storm sewer assessm�nts. Seconded by Councilm�n Utter. . Councdtman E�r�ider said until the G1fiy has an agre�r�nt from Mr. 0'Bannon, this Is not a valid so)ution. H� asked the Citiy Attorney if.i� were true that if the Ciiy Ma��g�r would sign the pla;t, there would be na rr�thod af gettin�g the money escrow�d7 The City pt�orney s�id•this was correct. . MQTIO�d WITHDRAWN by Councilman Starwalt. Second withd�rawn by Councilman Utter. � Mayo r l. i eb 1 the Council ln uphald(ng � 1 ' ' ' � s�td he would iike to s�e some action reaffirming the action of an May 15, 1�72, h� said he thought the Council shouid be united the dscisians of th� prevlous Council. MOT(ON by Gouncilman �reider to authorizes th�,ClCy Man�g�r to sign the plat upon rec�ipt of a writt�n agreem�nt from Mr. Q`�annon eith�r to put $800 per lot in �scrow-or arrlve at an acceptable storm sewer plan that would.ba a ccord- ing to th� Ordlnances of the Clty, theC a11 patentl�l buyers ba natified of poss(ble assessments on the out fall ptpe that may be added to the area. Second�d by Counciiman•Starwalt, � , ' The Clty Manager asked if he was authorized to sign t�,o plat. ,Councllman Sr�lder sald y�s. Counc(lr�an Brelder sald he� did not expect Mr. 0'Bannon to ba requlred to submit a plan before the piat is slgned� . UPON A ftOLL CALI. VOTE, Breider� Starwalt, Llebl, Utter� a�d Nee voti�g aye, h4ayor Lfebl deGlared the motlon carrled unanlmously. , � ' � , , REGULAR COUNCIL MEETING OF FE�RUARY 26, 1973 Mr. 0'Bannon said the plan would be ?n lieu'of the $800. � . . . , Page )1 i� Counc i l man S ta rwa t t sa i d he was so r r�,� that �ir. 0' Bannon was not happy about the declsion of the Coun�cll� he added, ha was aware tha�t Mt-. 0'Bannon had made an offer of land to the City., Councllman Starwait said he feit the people in the araa should be inform�d af the'posslble problems. . , hto7ia� by Councilm�n�Nee tha�t in the event it appears an agreement enacted by the Councll will i�valve the use of open ponding �reas, for storm sewer drain- age, the proposal will be put to a Public Hearing of the district property owners. Seconded by Councilman Starwalt. � Councllman Starwatt asked if the matter should be referred to the Park Board ' for revie�r before it is discussed at th� Public N�aring. Councilrrx�n Nee sug- ges�ted not taking the land for park use, but accept one and a h�lf acres � f�r th� drainage system. 'Ne adde�, wl�at�ver is done, the peopl� of the neigh- ' borhood should be in�aalved. Counci l�man �l3reicier said after the administration has rece�ve�+ a plan that is agt-�eaole be�ween both parties, the matter should be discus,PU with tho�e in the area. Councilman �re�der said he woutd assume Paul Hrow,� would be: in�rolved if the i�nd was being-consi�ered for Park l.and. � Cou�ci lman P;�e �sked if they w�re talking about the pon ding area or th�e sug- gested park �land. Councilman Utter s�id he believed theee would be a ponding area on Mr: 0'Bannon's prqperty regardless of the �c�tion taken by the Council. � htayor Liebi said h1r. 0'�3annon did awn 13 �lots. Mr.` 0'Bartnon said the ponding a rea wou i a be 300 to �+p0' feet f rom any hom�:. � Councilman Starwalt asked 'sf th� p�ar.k �tudy should b^ done before the Public .H�aring on the storm searer system. Councilman Nee said he believed the motton was prematu�re. � " ' � - � � '' VfOT(QN 1�ITHD�Al�N by Gounci tman Nee. S�cond withdrawn by Counci Ima� Starwalt. t�ayor Liebl accepted the veithdraw�l of the motian and the seCond, and 'advised �FSr. 0'E�annor, ta begin work on a workable salution. ..._.------- � ' i� �� ' , � �� L� 1 s°r� ;r'�•:� � :t �,t�,_�.�.., i i�:ki G?d !�C j:pFi � f:+0.�t f ?� T►� � A li�p�.�i ! k`�'�.iY f)� �as l. �'�i1?-�� : E7�'� E P1r. Paulson said h� wou)d like to discuss the Rica Creek �lete� Shed District� and would call on Mr. Wtlbur L. Goyer, Jr,, Chairman of the Board of the Dts- trict. Mr. iony Pe�rangelo, 52� i�ice Creek �lvd,, a member of the Board, and � Mr. Frank Murray, Chairman of the pistrlct. He safd he v�ould lik'e to p�'esent soma of the legal aspects, Gounty and City Involvement, and also read a portion � of a tetter that concerns the District. Mr. Wi16ur,Goyer said he was not sure bf the reason Mr. Qaulson had wanted � the representatives of the dlstr(cts at tha rneeting, He safd the entire 8oard of Ma�agers of the Dlstrict are wiliing to cooperate with the City at a�ty time, he added, there are 31 managers. He sald the D(strict has its problems a�d ' • ' � f , ' ' i PUBLIC HEARING MEcTING OF NOVEMBER 12, 1973 201 12 PAGE 9 PUQLIC HEARIMG ON CREATION OF A N[4! ZO��ING DISTRICT CALLED CREEK AND RIVER PRESERI'ATIOtd UTSTRIC : MOTION by Councilman Utter to ��aive the reading of the Public I3earing Notice. Seconded by Councilman Greider, Upon a voice vote, all voting aye, Mayor Liebl declared the n�otion carried unanimously and the Public Hearing opened at 9:25 p.m. RECESS: Mayor Liebl called a ten minute recess at 10:26 p.m. RECONVENED: � Mayor Liebl reconvened the meeting at 10:42 p.m. Mayor t.iebl referred to the map in the agenda which indicated the zoning for the Creek and River Preservation District. The City Engineer sumir.arized the action on the matt.cr up unCil the preseilt meeting and stated there �•�ould be a benefit to those people who lived within the distr;ct because they would be able to obtain flood insurance in tf�e future. �he City Engineer said this ordinance would affect some of the people in the Riverview fieights area, and if there �-rere future construction in this area, the homes t��ould have to be flood proofed. Ne said this may affect about 50 buildable lots. He said it ��lould have some advantage for the existing homes in the area in that it would pay for flood damage in the future. The City Engineer explained that the City is required to a.dopt this ordinance as recon�nended by the State legislature. He said the plan had been reviewed by the Department of Natural Resources and the Planning Co��,mission. He referred to the minutes of the Planninq Cornmission meeting within the agenda folder of the Council- men. He said the Planning Commission had recommended to the Council adoption of the Ordirance ��ith two modifications. He stated, the Administration coiicurred with th�e recommendation of the Planning Commission. ' Mayor Liebl said this tvould be a benefit to the people who live in the flood plain area. He said these people would be able i:o buy insurance through the Federal Government. " Mrs. hlargaret Tverson, 7899 Eroad Avenue N. E., said her home was ��ithin the area described on the map and shn questioned if she�would be able to rebuild the home at all if it 4:ere destroyed more than 50% by flooding. The City Engineer Sd1CI �I715 N�ould involve p�°operties within the flood ��ray only and the Iverson home aras not in this arca. He informed i�rs. Iverson, her home was withir the flood plain and she would Ue able to rebuild the horne with flood pa•oofing. MOTION by Councilman Nee to close the Public Hearing. Seconded by Councilman Starwalt. Upo❑ a voic e vote, all voting aye, Mayor Lic�b� declared the motion carried unanimously and the Public Nearing closed at 10:50 p.m. The City Engineer pointed out t.hat those people with vacant lands would be most adversly affected by the oi°dinance. PUEtLIC HEARIP;G Ofd REGISTERED L.A�iD SURVEY P. S. I173-08, 6Y NARLAND QERRY, GENGRALLY �AT[D ALOi�G lHE IdEST Ai�D P�0(2TIi SFIO'KES�OCf:E LAKE: AND . RESOLUTIOPJ °149-1973 -• APPROVIhG REGIST[R[D LAND SURVEY QY HARLAND BERRY, P. S. N73-03: ' MOi10N by Councilma�ti Breider to waive the reading of the Public Hearing hotice. ' Seconded by Councilman Utter. Upon a voice vote, all voting aye, t+layor Liebl dectared the motion carried unanintously and t�1ayor Liebl declared the Public I�earing opened at 10:51 p.m. Councilman Nee asked Mr. Qerry if he had any objections to the stipulations ' recommended by the Planning Commission and Mr. Qerry indicated he had none. � i 202 � ' �J PUBLIC HE�RING MEETING OF NOV[MBER 12, 1973 PAGE 10 The City Engineer explained �f the City would not take possession of the remaining lake bottom, it would probably become public land in time anyway through tax forfeit. His thought was that perhaps the City should acquire the•center of the lake at this time from ��1r. Ostrnan. He indiceted �•ir. Ostman had said he would deed the land to the City. The City Engineer pointed out the acquisition would benefit the area property ' owners as if there was work to be done, they would be assessed for this and the City would not take the maintenance af the lake from General Funds. His second point was that this would aid in the maintenance such as dredging and would also follow the policy of the Rice Creek 4later Shed District for maintenance.. ' Mr. [�erry pointed out that there would be seven people involved in the land proposal of the present meeting. The City Engineer said he would not suggest the City taking o�•mership of the lake ' bottom if this would harm the entire Gity. If there is to be any i�rork done in the , future, the cost should be assessed to the abutting property o�-li7ers. He pointed out there would be some re,ulations set by the Rice Creek 4!ater Shed District. � M07TON by Counciln�an Nee to close the Public Hearing. Seconded by Councilman Breider. Upos� a voice vote, ali voting aye, P�layor Liebl declared the motion carried unanimously and the Public Nearing closed at 11:00 p.m. ' h10TI0N by Councilman Nee to adopt Resolution ,'�149-1973 approving the Reg�istered Land Survey as requested by Wir. Harland Berry and the approval of the plat with the stipulations that an easemert be dedicated to the City for the execution of Public U'orks procedures under the �-rater and that after the City accepts the title ' to the lake bottom rernaininy parcel, this does not obligai:e the City for its entire rnaintenarce. Seconded by Counciiman Breider. Upon a voice vo1:e, al1 voting aye, Mayor Liebl declared the motion carried unanimously. � '�� ' � � ' �I ' ' � ' The Acting Cii;y b1anager said h� would draw up the resolution and submit it to the County. � I01�� OF DESIGN'r;�`�RE INDUS7RIES INC., R UES7 TO DISCUSS 7HE FIRE HYDRANT The City Engineer explained the applicant had requested the stipulation for the Fire Hydrant that had been placed on the building permit be watv.ed. He.stated the permit had been issued already, but the applicant wou1� like-some discussion on the stipulation. The City Enyineer said the Council had approved the permit with tl�is stipulation and the applicant wanted this deleted, 1:his was why it was on the present agenda. The City Engineer indicated both of the persons concerned were in attendance at the present meeting, so they would be able to elaborate on the matter. • _._� Mr. Robert Nughes, Fire Chief, addressed the Council and said there would be some alternatives to the stipulation required. He added, there are some problems involved ��ith accessability to the fridley Qus Garage. Fie pointed out that there , wou]d be no access from P1ain Street except on hlississippi to the railroad track I area. He said the ideal situation tvould be creating a loop tivith three hydrants, � but one alternative �vould be to create a drive��lay Co the bus garage which would � be plowed fior Fire Truck access during the winter �nonths. • ' Mr. Hughes said the hydrant on Mississip�i Street would be eliminated because . of the underpass, and a hydrant should be provided in the area to replace this � one being taken out. Chief Hughes said this hydrant could be installed in the� back of the Desigm�rare property, Mr. Huqhes said he had checked the conditions at the Oesignar�re 6uilding and he ' had determined by this review that there is very little in the manufacturing area ; that could burn. He added, the only area that would contain burnable material ' would be the office section of the building. t4r. Hughes said if the conditions at the business would not change, the hydrant on the corner of hlain and Mississippi would be sufficient. • �A , ' �I , ' � ' nI � u ' i� � ' u � �� RESOLUTION N0. 149-1�73 A RESOLUTION APPROVING REGTSTERED LAND SURV�Y BY HARLAND BERRY, P.S. #73-08, AND UNDERSTANllING OF INTENT FOR r4AINTENANCE OF LOCK� LAKE SHORELINE AND LAKE BQTTOM WHEREAS, Iiarland Berry has requested approval of a registered land survey, generally located along the west and nor.th shores of Locke Lake, and this survey would extend the ownership of the properties into the lake; and tiUHEREAS, there are some recommendations that the Locke Lake bottom should be under public ownership; and WFiERL'-AS, a portion of the la.ke bottom is tax forfeit now; and WHEREAS, a large portion of the rema�ning lake bottom is owned by Otto Ostman and he has shown a desire to cledicate this land to the City of Fridley at no cost, but without any additional out of pocket expenses on his part; and N�'HEREAS, it seems advisable the lake bottom should be under public ownership because if, in the future, any public body should want to improve the lake, it would not then be necessary to go to the additional expense of acquiring easements and rig}its of access. NO1V, TII�REPORE, BE IT RESOLVED, by the City Council of the City oi Fridley that the registered land survey requested by Harland Berry, Fridley File P.S. #73-08, is hereby approved with the following stipulaitons, 1. That the legal documents be filed which would combine adjoining parcels, extending into the lake so that in the future these two parcels must be sold together. An example of. this would be combining Lot 2, Block 2, Ostman's First A4dition wit}i Tract C, mal:ing it one parcel. 2. That an easement be given to the City of Fridley on all the tracts in the registexed land survey for lake shore and lake bottom maintenance and work. B� IT FURTHER RESQLVED, by the City Council of the City of Fridley that the City of Fridley woul.d accept these easements over all the tracts of this registered "land survey plus any existing and future registered land surveys and also ownership of some of the lands under the lake bottom under the following stipulations: ' 1. No City General Public Funds would be used for shoreline maintenance or dredging of the lake. ' ' ' I� 2. If there is any improvement done to the shoreline or the lake bottom, that the funds wauld be raised by the normal public improvement process; that is assessing the benefitting property owner.s, less any funds received from otlier governmental bodies, such as the State or Rice Creek Watershed District. Resolution #149-1973 Page 2 3. Any improvement work done on the lake bottom ox the lake shoreline sh�all be in compliance �ti�ittl the rules of the Rice Creek Watershed District. PASSED AND ADOPTED BY THE CITY COUNCIL OF TH� CTTY OF FRIDLEY THIS 12TH DAY OF NOVEA9BER, 1973. FRIWK G. LIEL�L, MAYOR ATTEST: MARVIN C. BRIJNSELL - CTTY CLERK �C � � • • \ . . ,'� � . � TH/R,D ' .� l.l�••� ��_^ ` � D . . , / / � .' 1�� `\ i , , i ' i � ' , � 1G t • ( � ; , ' � , �' qpD/T/4N ';: � 1 1' c , ; � 19 �\ ! j jf , If a '` � �j,., :'��-1 c . - / / ♦ � . 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"1 �� 0. • . i � �."_ I1( _-.v'___'t_� �i.'.� —� �j � � . 4� ' � ^ �.,� � \ � ` , , � i� t0 ,. `(�i � • � � l0 ;? ., a �•,' ' � ;Yr - • "� . � , �' Q `-", " �' � ' � � �' ` i ' a� I� `� :r-�1 ,,5,'� - j� ` r.� � V � ' \ � � � P� Qv'Oa' .,' , , o - ',�Otx ;�� i' , � ..•. ; ; ., 4�\.. . � �,�P�� w: " _� . -�+zn�2�.. .,.�-�� `�-�N ,•; .� `- �z y' � , j,��l - �" � \-1 � r--^-�-�-�-;_,�., ... . _ `7S � � \ � GOV :. 1� \ � . . . ., , . • , .. , r ,� • � � �• - o j . , � i' " i' .• g �` ~%!� �� lsb3" j _ .. . � y� , . � .., q., . .. - - • - o I � I � a i. � a .,� t. : ..,.,. .. .. .. - . � , � . _. . �r� � � � . -i. � °tt .. t P _/�: ?'_ -a-� a ..�""::. .�. a` �,.._, , ' , ' T0. FROM: CITY OF FRIDLEY M E M 0 R A N D U M NASIM M. QURESHI , CITY ��1ACdAGER MARVIN C. aRUNSELL, ASST. CITY MGR./FIN. DIR. ISUBJECT: CLASS ACTION A�dD SETTLEMENT N07ICE ON LIQUOR ANTI-TRUST SUIT ' DRTE: NOVEMBER 20, 1974 ' �� , ' ' � � ' ' � ' ' � The City of Fridley together with other governmental and non-governmental liquor retailers participated in initiating liquor anti-trust suits against the wholesalers in September of 1972. Subsequently, this became a class action with the class com�rised of all public and private liquor retailers in the State of Minnesota. Attached is a copy of the Class Action and Settlement Notice to a11 ��iinnesota Retailers with Respect to Litigation Concerning Intoxicating Liquors, Wines and Spirits. In reviewing this settlement notice which has been issued by the District Court, you will note that the defendants propose a total settlement of $4,780,000, of which $1,000,000 is in cash and $3,780,000 would be in credits against future purchases made by the members of the class from the defendant wholesalers. You will note that the details of the settlement indicate that members of the class are included and bound by the .judgen�ent in this settlement unless a member of the class files a request to be excluded prior ta November 26, i974. A hearing is scheduled for December 10, 1974 for tf�e purpose of determining whetner the proposed settleiitient is fair, reasonable and equitable, and for the purpose of proposing the methods by which the credits will be applied i:o the individual class members. I have reviewed the proposed settlenient wi th the attorney fram f�aster and ��1attson, representing t��e City on this subject. T hav� also discussed the proposed settlement with representatives of other 1arge ;nunicipal liquor operations in the metropolitan area. It is our opinion that the settlement should be accepted. It is therefore re.comi7�ended that the City move to apprave the settle��ent. UJhatever credits are determined to be available to the City would be received as credits on future liquor purchases from the wholesalers over the nzxt five year period according to whatever method is established by the District Court. MCB:sh Attachment cc: Virgil C. Herrick, City Attorney � 1 , � � � iJ ' �I� ' ' ' ' ' ' LJ UI�TI'1'�D S1'AT�S DISTFICT COUR,T DISTPIC7' OF MINNESOTA LTQUOR ANTITRUST CASr�S 4-72 � 72 4-72 4-72 4-72 4-72 4-72 � (� Civil Civil Civil Civii Civil Civil Civil Ci1V11 3 �6 352 378 468 5`�3 524 J�7 547 FOURTH DYVISION CLASS .ACTION AND SETTLEi�IENT NOTrCE TO �LL �ZINNESOTA. P��'hILLRS '4�iIT�I 1v1�SPECT TO LITIG�.r.l'ION C�NCERI�7ING INTO�ICATINCT LIQUOPS, �VIN��S.AI\TD SPIRITS To: Plaintiffs ancl members of the class described belo��: Y�u are advisecl that legal actions h�,ve 3�een filecl by cei•tain rei�ilers of intoxicatin� liquors, �-ir_es ancl spirits i�i the United Stf�i;es District Co.�rt, Discrict of �lZinne�ot�,, seekir.g dama�es and injur.cace relief for �Iler ecl viol<:tions of the anLi�rust la�i�s of i:ie U��i�ed Statps ancl the State of l�Zinnesota by eer- tai�l wl�olesaleL•s of tho�e pz•ocluets. On Pebx•uax•3� 21, �_973, the Cotlrt deter•minecl th�lt iour of these ae- tions' shall be m�,intained as a class action on behalf of a siatewicle plaintifis' class comprised oi: All governmental anct i:ozlgovernmental retail s�llers of II1�pY1CRt1IIl; liquor�, wines and spirits, eY- cept nlalt l�evez•ages,= who are ar liave been situated within the State of l�Tinneaota and who pur- chased :froni tivholesalei�; at son:etiir�e durin� th� pet•iod co�ered by the complaints herein ;ach iuio�icatizib liquors, �vities and spiriis, e�cent malt bevera�es, for z•esale �.t retail to purchasers for consumption ancl,�or use oii or oif the reiaii sellers' pi•eniises. '1'his notzce is bein;; ni�-en to you b�c«use i�ou ii�ay be a meniber of the class of plaiutiffs �vhoae rijnts )ll�ty be �ffected by this liti�ation. T�11S IIOt1CC 15 110�� t0 k�� t��lderstood as an exp-ression of any opirion by this Court as to the merit5 of a�ly of tl�e claims or defenses as;ei•ted by plaintiffs ur defendancs, but is seiit foi• the parpose of iiz:Foi•min� s�ou of the pendency and status of these actions so th�,t you may decide yourself �tihat steps you may �vish to �alce in z•elatio�z to this litibation. 1 The z�laintiffs i1i those actior.s �nd the class representati�•es are: Soiithtown Linuor, Inc., Sotithto�vn ' �i1C1U07'� I1IC. (ji }J��l ��%R L7(71101'� �i0ii11t.T�' Vll�.^.y8 L1Qit01'� I1lC.� 1'�illt'V1E!1V 1�1(jl1UPS� TI1C,� 1� Tc :LKilil tiicollet Coi•poi•ai;ioi�, i1Ilrl�er's I.iquor Stoi�c, Inc., i1I�tt1��ti�� llorelli for �llorelli's Ll(]LlOP3, I�icol':zt Liquors, liicoi�porated, f'ai•1:«•�i�� Liquors, Inc., Lcl�card ��n�l L�lli�; 1'rit;.l:er djb/a Como-Dale Dr?��-In LiQi101•s, F. �i�. Pamale�• �ncl Com��:�1�v �jl'115t. :Tohn I,�imrile�•, Trn�tee,'�j'innic':'s Phalen Liquor�, I:.e., ' Joseph `Lie�;�lec• d/b%a I_,o�vey Liquoi• Store, Villa,;e of I�:clen Valle<<, City of Brooklyn Center, Ci�� of Fridley, �'illage of New Bri,��hton, «.nd City o£ P.iclifielcl. � The class does noi: inclucle retail sellet•s escllisivel3� sellinb malt laeverages. ' ' �A � ' ' , LJ ' ' , � ' , , , ' ' � ' , ' � � .A. '.�IIT l_,ITIG:�'1'I�?�T The �•arious complaints filed in these actioils seek relie� for alleged injuries resulting from alleged ��iul:i{:io>>5 u,�• t}ie cl�lencla>>ta of certuin provisio,is of {�he antitrtt�t laws. It is �illeged, in suY�stance, that, durin� �•ar��ing� I�cric�cls of tinle sinc;e 19�'�0 oi• Ue�Lore, the clefenda:i�� conlninecl an�l co�lspi�ed to r�strai�t ancl monopoli-r.e iai�er5t�ite trade and commerce, ancl sub�tantial!5- to lessen competition therein, in the �ale artd clistribtitioii i►i i��Iinnesota of iiitotica�izi� liquoi•s, ��ines ai�d spirits (escept nialt be��er,�oe�) avil t}iat i1-�e defendants combined ��ncl conspii�ed to estzblisli and niaintain no�z-co.npetitive an�t uti- reasonabl,� hi,�h p�•ice� for such producl's, as well �s cleli�-er�� char�es, sp1iL c��se charges ancl, for ceriain dei'enda�lts, creclit chal•aes, ir1 1:'tie sale and distribilt;ioil ol sucll procllicta iii S::ii�riesot�i. Some of i:he com- plaints include other alle�atior,s of a7ltitrnst violy�,tiuns.° Tlle cornpl<�in(s contend that, as a result of al- le�ecl coii��iiiatiuns aiid coiispiracies of the cle�fendalits, i•eta;lers of defeilclants' prodttcts h��ve been ec�mpellecl to pa5� hi;�her p�ices tllaci thep othez�yise ticotilcl havF> paid. Tiie plaintiffs also conten�l that the�- �nd the inen�bers o� the class e�.clusively are entitled to recover dam��ges resulting frum the aliened �-iolatic�ns. Tl�e complairl±s ser;h the recov2ry oL d�lm��es ai�d injuncti�e i•elief, io„etliar ��ith reimbuz•�eri.ent of custs and an �i�tiarcl of attorneys' fees, as comperzs�ition for these alleaed injuries. Tlie defendaiits h�ve denied the sub�tantive allegaiions macle itz the complaints. Th� defenGants cont.end thai; there ha�e k�ee�i no <.ntitrust or other �-iolation� b,y them and deny that i�laintiffs oi• mem- bers of the cla�s liave been irijured o�• cl�.�znaged. Defenclai�ts liave asserted various defenses, inclttding tlie ciefense that a).l claims �tii•isi�i� iilo�e thaiz four (��) s-ears prioz� to f:he cammencement of these �.�ct�ons are barrecl bt- the siatute oI ]imit�ztions. The c�efend�.nis also claim t�i�t the actions may not properly },e mai�lt�inecl as cln.>s �ctioiis. In aciclitiocl, some defendants have �'il�ci countercl�tiim� ao�inst certain p�irtie� to the>e actioiis. . E. TI3T DrFENDAI�'TS Defendants in this litination ai•e the follotvino ;;�Ilolesalex�s : Dis��iller•s Disti•ibutin� Company, �'d. Phillips & Sons Co., F�imo�ls Prands, Inc., I'orelno�t-�:Icl�e��on, Iuc., G�•i�'�;�s, Coopei• & Co., Inc., John- sc,n Yz•others �Vhole��le Liquor Coilipany�, Old Peoria Company, Inc. In �,c�aition, the l�Iinnesota �Vine and Spirits Institute, Ii2c., �nd cez•�ain inctividti�,is are named defenclants. Altllott�h not named as def:en;l�nts in this Iitin�,tion, indivicluals forrnerly associatecl tivith Galinson cC :�ssociates, Iiic.,`� a l�Iin�iesota cor�oi�atic�n foi•mei•13� ezzn�gecl in tiie l�usiness of distribttting into�i- cati�;j liy��or pi•oducts at tivholesale in i�Zir�nesota, have agreed to contribute to the proposed seEtlement ontlinecl b�lo�v. C. SL`i'TI.I�.�iElvT,l, Cotu�sel for the parties coiitribut:iu�• ta t11e settlement atzd caunsel foi the class repi•e�entaii��s ha�-e i�o��- aoi•eed to settle ilie::e ca�es, aild h�ve <i�l�ed the Court to approve the propused set�ietnent ��;u•:�ua.�t 'to l:ule `L�(e) of the I'ecler�il Rtilcs of Civil Procedt�re. The princip��l terms of the sett?ement arc as follo�i•s: � . (1) The ��artics contributin�r to the seLtlement ha�•e a�reed to nial:e sep�rate coni,ributio:is in �eitlement of :ill claims iil�-ol��ed i�l thi• li(:igatioil. Tlle tot�.l ��iiiot�nt of suc]i contt•ibutions t�•ill b° F011l• �lilliou fiee-en .iIui:drecl ��i��lit�- Thotl�ancl Dollars (�-�,r80,0�}O.OU). Th<t total settleinent amot�nt «�ill colisi�t ol S1,OOO,QU0.00 iii cas�i r�iil 5�3,780,OOO.QO iii creclits an<�.iii�t futuz•e purchase� made b�� cl�zss �:;emUe_•s fz•om ciefendant wliole�alers. �� 'Chc� rc»u��l�lint, in all ol' thc ,�rtir��, arc oi� lilc ii� tl�� c�fficc ol tl�c Clcrl: ol' thi� Court at 110 Sutitlt l� otirth Strcet, Trlini�c<ipolis, Tlinuc;ota. ' The turi;i "pai•tie, conti•ibt�tin�� to the ;ettlemen�" herein�fter refer.� to indi��icl;i;il� foi•�:le�•1�- r�ssoci- t�t�d �eith G.:�irison �C As�c��i;.ites, Tr�c., �is �vell as tu th�� i<unect d�.�fenciu�ll.� iti th�� ;ictii�n�. `Che tei•�ii "deteuclaiit ��hvle,:ller," docs not rcfer to person� t'ornlerly associated «�itli Galinson .� As,oc'sates, lnc. �C � L� ' � ' ' ' , ' ' Each defend<<nti ��hole�xler �i-ill �rrant its credits ��u��su,iut to a plan of disti•i��ution io be approved b�� tlie Cou��t in sul,s��luent proceedin;�s. It is contemj�l�itecl that the pl�in of distribution will include t►.�� fullo«•iii,� ie�:ture�. 1�;uch clefen�l�ir,ti «�:ioles�iler �vill �;�rant it; cr�cl.it� i3i a rlon-discrimin��tor�• manner ��•ith ��cl�, c�reclits to i.�c st�l.�st�uiti��ll3� ui�i`,'c�rm as to its cl�i�;�.es of mcrc-i:andise. Credi�s S��ili ��e �;ranted onl�� on full c�ise, to cla;s meinl�er� ti��ho do not reqnest e�:clusion from t:ie cl�ss and �vho mal�e purchases frum defendant ��,holesa!er� after t�ie c:ffecti��c date of thc plan of ci;stri';�utio��. Each defendant whole- salei• «-ill ;�r�lilt its credits �t tlie r�ite of at least t�`�e�itt� ��e�cer�t pe� 5-ear o��er a period of five ye�rs aftci• t�he effecti�-e datc oI the �la�l of di;tril��lt:ion. P��ch defcn�l��.?li; ��:holesal�r ii1a�.-, ho�4ever, �ccel�rate i}�e nr�intin;; of its credits. C�•ec'its shall not be trausierable ezcept in coi�nection �vith the sxle by a re- tailer of its entire buaiiiess. The coullterclaims filed b5- several of the defe:�d�n� �vholesalei•� «-i11 be dismissed �tiithout auy pay- ruent i:o tl�ose defenciatxt �viioleaalers. The clefendaut �vholes�,lers liave further ��reed to uear the cost of al�y <�nd aIl notices ana the cos� of administratioii of tlie settlemeni. , �acli defendalit �vholesaler h�,s the option to �vit3�c�t�z�v fl'on� the sLttlernent in �he event th�,t the a�;�r;'re�ate 1�17; purch;�se� o.� those z�etailers lvho r� �ue5t exclusion from �;he clas� eYCeed fiiteen percent of the total �ro�s sales of all clefeizdan{; �vhoiesalex�s durin�� t}le caleridar year 1J73. (2) l��hexe a ftuici has been createcl for �.Ile ben.efit of a class t;?z'ot�g.'n ihe efforts ef the class rep- resciitati•,-es aiid tlieir coui;sel, tlle Cotirt nla�r cletermi��e the amo�rnf., pay�bl� out of the fuiid, to be at- Io�ved as reasonable fees and etipenses of couil�el. ELpplic�iLions for fee� and e:�penses have been filed by counsel foi• the clzss repz•e�entatives fo.r an amouni totaliinn 20.9 percent of ihe fotal settlement axnount. The fac'; thnt fee �ipplicaii.o,ls l�ave l�een filecl is no indic��ion L-'�at t�z� Cout•t ��-iii a�%ard attoirteys iess oi• the �lmount oi any such awarcl. Counsel ior {;h� class repz•eseniati�-es in tr.is litiga�ion are: Ches�nu�, Rroo?;s �S; I�t�rlc�:i�cl, P.A., l-Iizliie.a:polis, �Iinn�s�ta, Cocr:cane �C £1�esnal�an, St. Pattl, ?�Iinnesota, John�on �C Sancl� Professional ��.ssociatio7i, I4Iii��:�eapolis, iJiiilzle�otn, and l�Ia�.tor & NIa�itson, Ltd., 11�Iizinea�olia, illinilesota. ' (3) The proposed settlement is subject to final Court appro��al after � he .i•ing l�as be2�1 helcl io ' permit mem.bers of the class to appear befo�e the Cou-rt and s�ate a'�jecticl�s, if an�, to an�• aspect of the pz•opo�ed settlemeuu. r , ' ' (��} A�reement tn the �aroposec� settlemen� is no� to be co�zstrued as an admission oC li��ili�ty by tllc ��arties coittriblttiud to t-he settlemetlt or �iny of tliem in any tl�ariiier �vh��soe��er. �'O«' TII�P.I�,F'OP41�, TAI�E ItiTOTICE e 1. �011 ��'l1I �)C 111CIllCZI?C� lll, �1TlC� �JOIl?1C� �lj�� <ill�' )it(��'lllt:lli 111 f111S �1L16;'<1f1011� 1?iClllC�l2?`` �LTlj' ��tt]L'- ment appro�-ec1 b,�- the Court aucl an3- cletermin�tiot� aftectin�; tl;e cl��ss r!rzless, ori or i.,eiore November 2G, ] �7=�, �-olt file a written election to l�e exclttded fi•om i;he plaintiffs' �lass. Tf ��ou file � zvritten elec- tioii to ve cicluded, �-ou ma`� ��ur�uc� o�. �-oui� o�ii� l�eh�ii �>>l�atecer le�nl ri;,��its 1-ou mav hare, bu� S�ou ��-i11 iiot Le entitlecl to paz•ticip<ttc ii� tli� settleii�ent. Tf ��uu do iiot file sttch a;i-ri�ten election i:o be et- cluc?ecl, �-ou ��ill l�articil�ale ��-ith other c?c:ss i�iernbers in the settlenlen� on�linecl a'uove. � `_'. The Coiu•t ha, determii�ed that the attoz•iie�r� ior t�ie iepi•esentati�,•e parties arz e�peri�nced ,u�cl corni�cteni, cuun�cl, �vell aLle i�� rcp�•c: c�nt- i1i� interc�ts of ihe ��I�.intiffs' cla�s. If yuu pi•efe�, in roi�il�ciiun ��: itli \"011l' 111C�1\"1C�lln1 c.l.iiti�, to ue i•epre��iitecl k,3� ��o:ir o��ii ret<ZiiiEd co.in:�_l, \'Oil ]'lt2,j� �Ilt�i il:l <li)j)C:11'�117(:('. i:jl','OU';�l Sill'�2 COlill5�1� }Jlit li j�011 C�IOUS° t0 Cj(1 5d, R T;Ot1C� 1I7 tiCi'l�:llln 171C�IICilt1T1� TI11tt llltell- ' ti�,m m��t h^ filc�cl ��:i1h ih� C'1c:i•�c ni� laf�r thai� Novem:�i�i• ?C, 197-�, Tf �•ou clo not timely- i•ec�tiest to b� c�clu�le�i �i�icl �li� not enicr un api>e:ir.:�i�c tlu•ou�;h your o�cii c��u�;el, �•��u �rill c�ntinue to Ue re�preseiited by cuu►i�el for tlie elas:� repi•c�ent<<tives. ' ' 1 ' � � , ' ' ' ' 3. All documents to be filed pu�•suant to para�raphs 1 and 2 of this �iotice m�ist be received by the Clerk on or Uefore ��o��ember 2G, 1974 and must be mailed by ceriified or registerec� mail addressed to : Clerk, United States Distric� Court Harryr A. �ieben, Esq. District of 1�Iinnesota P. 0. BoY 1171 11Tinne�,polis, l�Tinnesot� 55440 �. A hearino �5-i11 be held before this Court at tl�e United States Courthouse, hii�ineapolis, 11�Iin- nesota, on December 10, �974, at 10:00 a.m., pur: u�,nt to Zyule 23(e) of the Fecleral P�ules of Civil Proce- dure, to detei•inine whether the proposed settlemen� is fair, re��soiiaUle �i�d acleqt�ate and to consider the pending fee applicat:ons. 5. At the heaxinm, you may appear, in persoli or by wi•itten submission, and state {;he reasons, if any you h�,ve, �;: ny the seEtlemeut of this cl�,ss action sho;ild not be a,ppi•oved by the Coui-t. Ho�vever, you �vill not be heard ancl no papers or l,rief submitted b3= �•ou or on your i�ehali tivill be considered by the Court at or in conz�ection ��'rth such hearin�; unl�ss, oii oz• before l�TOVernber 26, 197�, you stii�mit a l�Totice of Intention to Appeai• to�el;her �vith copies of a�ll such papers ancl briefs to: and t� : Clerk, United States District Court Harry A. �i�'ben, Esq. Disi;x•ic� of i'Iinnesoia - P. 0. ]3ox 1i71 Minileapolis, l��innesota �5440 Plaintiffs' Cornmittee of Counsel � Liquor Cases P. O. Box 1141 Aiini�eapolis, Miniiesot�, JJ4�O ' , ' II �i �I ' ' ' ' Deiendaili;s' Cotmsel Liquor Cases � P. O. Eox 937 l��inneapolis, 1�Tinnesota 55440 6. If the Coiirt approves the proposed svttl+�ment, it is contempl�lted that, pursuani to the settle- ment a�i•eement, a j�.idoment ��s�ill k�e euterecl dismissinb zvi.th prejuciicr all claims asserted, or �vhich might hare been asserted in these actions, inc�ludin� an5� cl�,ims anaiiist G�,liilson cf: Associates, Inc, and pel•sons forruerly associa.tc�d witIi it. Afcer heaii�g, art ord.er appz•ovino, clis�,pp�oving or n�odify-in� tiie proposed settlement <<nd any subsequently approved p;a�i of clistribution �vill be filed tivith the Clerk of tliis Court. 7. '.Che variotts p..lp�z•s submitted iii connectioli 1vi.th this litig�tition, inclucIing the Court's Class Action Oi•uer 7=1-i directin;; that this notice I�e �;iven to members of the class tvill be on file ZS•ith i.he Clerl: of tl:i� Court, Unitecl States Courthouse, lTinneapolis, Pdinnesota, and a�•�iilable for your inspec- tion and i�evie�v. D�ted: OctoUer l�, 197•4. MILI:S ti�'. LOPtiD United States District Jucl�e � �D APPOII�TMENT FOR CITY COUNCIL CONSI�ERATION - DECEMBER 2, 1974 Buildin Standards - Desi n Control Committee (3 Year Term - 5 Members) Sub-Committee of the Planning Commission Section 208) The ward representatives are appointed by the respective ward Councilman with approval of the Council. APPOINTMENT APPOINTEE Ward 3 TERM EXPIRES 4-1-76 14 MEMBER RESIGNED HelenrTreuenfels 5248 Horizon Drive Fridl�y, Minn. CONTRACTOR'S LICENSES TO BE APPROVED BY COUNCIL AT THEIR REGULAR NI�ETING ON DECEMBER 2, 1974 GENERAL CONTRACTOR APPROVED BY McCall & Company 5435 Lyndale Avern�e South Minneapolis, Mn. 55419 By: David McCa11 C. Belisle RoMar Euilders, Inc. Route #r6 � Anoka, Mn. 55303 By: Roger Rodofs C. Belisle r. 9 �!�J ESTIMATES FOR CITY COUNCIL CONSIDERATION - DECEMBER 2, 1974 H � S Asphalt Company 5400 Industry Avenue N. W. Anoka, Minnesota 55303 FINHL tstimate �5 for Street Improvement Project ST. 1974-1 and Street Improvement Project ST. 1974-2 FINAL ST. 1974-1 . FIiVAL ST. 1974-2 - 0 $ 38,587.69 9,623.98 � November 25, 1974 CITY OF FRIDLEY ENGINEERING DEPARTMENT 6431 UNIVERSITY AVCNUE N.E. FRIDLEY, MINNESOTA 55432 Honorab�le Mayor and City Council City of Fridley c/o Nasim M. Qureshi, City Manager 6431 University Avenue N.E. Fridley, Minnesota 55432 Gentlemen: CERTIFICATE OF THE E�dGINEER _ We f�ereby submit the FINAL ESTIMATE ;�5 for H& S Asphalt Company, 5400 Industry Avenue P�.W., Anoka, Minnesota 55303 for Street Impr•ovement Project St. 1974-1 and Street Improv�ment Project St. 1974-2. Ori•ginal Contract � $278,266.15. Final Construction Cost St. 1974-1 $197,214.06 Less Estimate #�l $56,988.09 Less Estimate #2 26,557.37 Less Estimate �;'3 35,397.38 . Less Estimate n4 39,6II3.53 � Amount Due FIN/�L ESTIMATE #5 Final Construction Cost St. 1974-2 Less Estimate ml �21,460.14 Less Estimate �2 3,159.18 Less Estimate �3 6�6.00 Less Estimate #4 13,23II.99 Amount Due FINAL ESTIMATE #�5 �158,626.37 $ 38,5�37,69 $ 48,148.29 � 38,524.31 $ 9,623.98 � Fina] Construc�ion Costs for Street Improvement Projects � St. 197�4-1 and St. 1y74-2 ' � $245,3F2:35 �I/:� FINAL Estimate #5 Certificate of the Engineer -2- We have viewed the work under contract for the construction of Street Improvement Projects St. 1974-1 and St. 1974-2 and find that the same is substantially eomplete in accordance 4�rith the contract documents. I recammend that final payment be made upon acceptance of the work by your fionorable Body, and that the one year contractual maintenance bond commence on the date listed. "°'� �, Prepared h _�v� ��_ Checked b `�� *� : ,�� f.� Respectfully submitted, �-� �r:/ ' � %`�� i Richard N. Sobiech, P.E. Public Works Director 0 i � �J � I � T0: November 25, 1974 Public Works Director City of Fridley REPORT ON FINAL INSPECTION FOR STREET IMPROVE(�IENT PROJECTS ST. 1974-1 AND ST. 1974-2 � We, the undersigned, have inspected the above mentioned projects and find that the work required by the Con+ract is substantially complete in conformity a�ith the Plans and Speci-fications of the project. � � ' � � r I� ' � ' ' ' All deficienc�es have been corrected by the Contractor. Also, the work for which the City feels that the Contractor should receive a reduced price has been agreed upon by the Contractor. - So, therefore, we recommend to you that the City approve the attached Final Estimates for the Contractor and the one year maintenance bnnd start from the day of the final inspection, that being �dovernber 25, 1974. �?.�-�'�'r� � �./et��s`a�y� _ ��'Z Construction Incharge Thonias A. Colbert � �� onstruction Inspec�;�oP Del Zentgraf �� ` ��'.�-�,-. � �' � �� Con�� Representative William B. Miller vC FINAL Estirnate ;�5 St. 1974-1 & 1974-2 CERTIFICATE OF THE CONTRACTOR This is to certify that items of the work shown in this statement of work certified herein have been actaully furnished and done for the above mentioned projects in accordance with the plans and specifications heretofore approved. The Final Contract Cost is $245,362.35 and the Final Payment of $48,211.67 for Street Improvement Projects would cover in full the contractor's claims against the City of all ]abor, materials, and other work done by the contractor under this project. I declare under the penalties of perjury ihat this statement is just and correct. DATE: November 25, 1974 H & S ASPHALT COMPANY ��2�.�� . ��z�� «�.. William B. hliller Contractor's Signature �� -- . , Datc November 25, '1974 ]] E , � , CITY �NGINEI:IZING DI:PARTTIENT City of Fri.dley, t�linnesota � ' Honorable blayor and City Council � 6431 Un�:versity Avenue N.E. Fxidle}•, Atinneso�a 55432 � ' ��; FINAL �stimate # 5 for H F� S Asphalt Con�pany, 5400 Indusi:xy Avenue N.i�+'. ,�lnoka, Tiinnesota 55303 � � Street Improvcr.ient.i'roject St. 197�-1 � ' Gentlemen: ,�'�iis final estima�c is submitted for wcrl completed and the material on hand this date, all 'accarding to tlie coiitract. Item I�o. Qizantities Item Unit Pri_ce .Total � . S-1 lAssm. 1-lydrant P.clocation (Horiz. ) $ 250.00 �_2�p�Q_ ' S-2 3Unit Valve �oh Extension � 38.00. 114.00 S-1 Cu.Yd.V.I�S. Drainfield Rock for Hydrant 10.25 _ ' 2503.511 241 Lin.Ft. 15" R.C.P. Sewer 12.00 2,892.00 � S-10 � 15 La. Construct C.B., Special DesigYi � 275.00 4,125.00 25Q6.508 3 Ea. Construct C.B. Design A or G 360.00 _ 1,080.00 � 2506.522 54 Ea. Adjust Frame F� Ring Casting � 60.00 3,240.00_ 2506.516 Ea. Castin�; Assem. 700-7W/712 Cover 90.00 ' 250G.521 �a. Install Casting 60.00 S-3 24� In.Dia. Clearing F; Grubbing 3.20 790.40 , 2104.501 294 Lin.Ft. Remove Conc. Curb F� Gutter. 1.00 294.00 ' 2105.501 ��965 �.yd. Common Excavation 1.95 15,531.75 I2105.505 Cu.Yd. . Muck Excavation 2.50 2 732 1.75 4,781.00 2105.521 � Cu.Yd.V.h1. Granular 13orrow , 2531.501 18'284 Lin.Pt. Conc. Curb $ Gutter Design B-618 • 2.85 52,109.40 S-14 52'2� Cu.Yd. V.1�1.. Crushed Rock for D/tV 8.00 417.60 ' 5-14 1,740 Sq.Yd. 2" 2331 Asplialt D/tiV 3.35 5,829.00 , , . . �,�,. , . FINAL Estimate #� 5 for H£, S Asphalt Company j, Stxeet Improvement Project St. 1974-L Iiem No. Quantities Item � 2521.501 352 Sq. Ft. 4" Concrete IVall; ', � 253]..507 121.33 Sc�,Yd. 6" Coiicrete Pavement D/}ti' 2575.511 1,058 Cu.Yd. V.M. Topsoil Borrow ' 2575.501 Acre Roadsid.e SFredin� 2575.502 Lb. Seed (rlixture �S) ' 2575.531 Ton " Commercial rerti.lizer 12-12-12 � 2575.505 Z,�3 Sq.Yd. Soddi.ng � 5-20 56 La.n.Pt. Sawing of Existing Conc.4-6" Depth ' S-18 � Lin.Ft. Chain Link l�ence Relocation � 2].30.501 330 h1/Gal. ldater _ 2211.5011�,229.88 Ton Aggregate Base Class V ' 2357.502 755 Gal. Bitwninous Mat.for Ta.ck Coat 2341.504 308.07 Ton Bituminous b;ateri.al for riixture , 2341. 503 3, 787 Ton ti9earing Couxse 1�'Lixture . 2341.510 1,548 Ton Binder Course biixture , S-10 Ea. Remove £� Replace Existing C.B. � S-10 Ea, F. £� I. 4'L" Coilcrete Aprons S-9 � Lin.Pt. F.��I. 42" R.C.P. ' S-17 751.80 Sq.Ft.Vert. Surface�- A�asonry Retaining�Wall � S-17 Lin.Pt. Remove F, Replace Redwood Fence ' � TOTAL: ' � . . , . , Unit Price $ .80 10.25 3.25 120.00 2.40 2�10. 00 .74 2.50 3.00 4.50 2 . 75 .55 92.00 " 6.40 6.15 310.00 230.00 30.00 3.50 2. 25 • � 1 Page 2 Total $ 281.60 1,243.63 � 3,438.50 -� �—�2-- 140.00 _ 1,485.00 28,132.17 415.25 28 z342 . 44 24t236.80 9,520.20 _ 2,631.30 � 197,214.06 1 FINAL Estimate # 5 for H$ S Asphalt Company Street Improvement Project St. 1974-1 ' � ' � � Balar�ce Brought Forward � � � Less Partial Est. #1 Less Partial Est. #2 ' . Less Parti al Est. #3 Less Partial Est. #4 ' r. • � AMOUNT DUE FINAL ESTIMATE NUMBER 5 , vG Page 3 � 197,214.06. 56,988.09 26,557.37 . 35,397.38 39,683.53 158,626.37 $ 38,587.69 ' Prepared by �� `_� �' . r r �,��`�� Checked by C;��-�-�4 �� ApProved by / ��-� , ' ' . � � 1 � 1 1 - � 1 � 1 1 - � � 1 1 Date November 25, 1974 � � , CITY ENGINEERII�G DL'PARTAIENT City af Pridle�- , r�innesota ,Honorable Alayor and City Council 6431 University Avenue N.E. Fridley, Minnesota 55432 fRe: FINAL rstimate # 5 for H£� S Asphalt Company, 5400 Industxy Avenue N.I'�., A�ioka, Minnesota 55303 Street Improvement Project St. 1974-2 , Gentlemen: . �This final estimate is submit�ed for work completed and the material on hand this date, all accor.ding to the contract. 17H , Item No. Quantities Item Unit Price Total S-1 Assm. Hydrant Relocation (Horiz.) $ 280.00 , S-2 Unit Va1v� Box Extension 38.00 S-1 Cu.Yd.V.M. Drainfield Rock fox Hydxant 10.25 ' 2503.511 135 Lin.Ft. 15" R.C.P. Sewer 12.00 $ 1,620.00 S-10 2 Ea. Construct C.B., Special Design 275.00 550.00 ' 2506.508 3 Ea. Construct C.B. Design A or G 360.00 1,080.00 ' 2506.522 _ 8 Ea. Adjust Frame � Ring Casting . 60.00 480.00 2506.516 Ea. Casting Assem. 70�-7i9/712 Cover 90.00 , 2506.521 Ea. Install Casting 60.00 S-3 180 In.Dia. Clearing $ Grubbing 3.20 576.00 , 2104.501 65 Lin.Ft. Remove Conc. Curb f� Gutter 1.00 65.00 ' 2105.501 4,570 �u.Yd. Common Excavation 1.95 8,911.50 2105.5�5 Cu�.Yd. I�fuck Excavation 2.50 _ '� 2105.521 Cu.Yd.V.bf. Granular Borrow t•75 , 2531.501 2,448 Lin.Ft. Conc. Curb £z Gutter Desibn B-61S 2.85 h_q7�_gp_ S-14 14 Cu.1'd. V.AI. Cruslied Rock for D/tV 8.00 112.00 �i , s-la 1,099 sn.Ya. 2�� 2331 Asp}ialt U/jv 3.35 3,68i.65_ , ' -,,�,,,,, �, - � Estimate � 5 for H S As halt Com an FINAL � p p y 5treet Improvement Project 5t. 1974- 2 ' Item No. Quantities Item ' 2521.501 77 Sq. Ft. 4" Concrete ldalk ' 25s1.507 21.11 Sq.Yd. 6" Concrete Pavement D/W 2575.511 547 Cu.Yd. V.hi. Topsoil Borzow � 2575.501 Acre Roadside Sf�eding 2575.502 Lb. Seed (hiixture #5) � 2575.531 Ton Commercial Fertilizer 12-12-12 , 2575.505 1,000 Sc�,Yd. Sodding S-20 20 Lin.Ft. Sawing of Existing Conc.4-6" Depth ' S-18 _ Lin.Ft. Chain Link Fence Relocation 2].30.501 15 r�/Ual. L9ater I2211.501 3,517.70 Ton Aggregate Base Class V ' 2357.502 Gal. Biiuminous D�ai.for 'Tack Coat 2341.504 51.10 Ton Bituminous MateriaJ. for NfixCure , 2341.508 364 Ton Wearing Course hiixture 2341.510 686 Ton Binder Course I�fixture ' 5-10 Ea. Remove £; Replace Existing C.B. , 5-10 Ea. F.F� I. 42" Concrete Aprons S-9 Lin.Fti. F,F� I. 42" R.C.P. ' S-17 Sq.Ft.Vert. Surf.ace - T9asonry Fetaining }Vall S-17 115 Lin.Ft. Remove $ Replacc Redwood Fence , ' TOTf1L : ' , ' 17-� Page 2 Unit Price � .80 $ 10.25 3.25 120.00 2.40 210.00 .74 2.50 3..00 4.50 2 . 75 . .55 92.00 6.40 6.15 310.00 230.00 30.00 3.50 , 2. 25 � � Total si.6a 216.37 1,777.75 740.00 50.OQ 6�.5a 9,673.67 4,�oi.2a 2,329.60 4,218.90 258.75 48,148.29 , FINAL Estimate # 5 for H$ S Asphalt Company Street Improvement Project St. 19-74-2 � � Balance Brouaht Forward Less i'ari:ial Est. #1 � Less Partial Est. #2 Less Partial Est. #3 ' Less Partial Est. #4 � AMOUNT DUE FINAL ESTIMATE NUMBER 5 , ' � E l —rj Page 3 48,148.29 21,460.14 3,159.18 666.00 13,238.99 38,524.31 $ 9,623.98 Prepared by L�„ ' . . ,.,..- < � Checked by �`� Approved Uy % . ,f�� ' ' � , , ' � , ; ' ' � ' ' Form 181 STATE Of MINHESOTA - DEPARTMENt OF TAXATION AFFIDAVIT fOR OB7AININ� FINAL SETTLEMENT OF CONTRACT W�TH THE STATE OF MINNESOTA AND ANY POLI7ICAL OR GOVERNMENTAL SUBDIVISION THEREOF � ��-K Contractor or Minnesota Withholding Tax Subcontractor H& S Asphalt Company Ident.No.(sevem-digit no.) 888—�9�5 , Address 5�+00 IndustrY Avenue NW, Anoka MN 55303 Project or Contract Number and Location 1-9Z� - 1& 2: Name of State Department or Governmental Subdivision City of Fridle,y ' . Dates upon which employees were employed on the project(s) �+/1�7�+ to 11/1/74 to to � i STATEMENT WITH RESPECT TO WITMHOLDIN� OF INCOME TAXES ON WAGES PAID State of Minnesota County of Anoka (A) I, Norman D. Holm , President IName of signatory partyl fTitle) do here6y state: that I pay or supervise the payment of the persons employed by , H& S�sphalt Companv on the above numbered project; that (Coatractor or subcoutractorl the wages of all employees employed by the aforesaid (contractor or subcontractor) on said project were subjected to withhclding in accordance with the provisions'of ' M.S.A. 290.92 and that aIl moneys so withheld and all returns required by said sec- tion, to date, have been duly deposited or paid and all returns duly filed with the Comiriissioner of Taxation. � 1 ' � � � r---� �J ' � , �B� To be com�leted by ¢rime contractors onay. I, Norman D. Holm e . IName of signatorg par y President a prime contractor on the above described �Title� ' contract, do hereby state that I have obtained certificates of compliance from all of my subcontractors to the effect that all of their employees employed on said pro- ject were subjected to withholding in accordance with the provisions of M.S.A. 290.92 and that in accordance with said section, all moneys were withheld and duly deposited or paid and all returns were filed with the Commissioner of Taxation as of the date of such certification. Dated November 12, 19 74 Subscribed and sworn to before me this 12t� day o£ PI,4vembc�r � 1 g�1 �� ; .sf �� /,,, %<, c � '- � �} �TVotary I?�zblic, Anok� County z X�J�AlJLAAAAAAAd6ARAf+R,t 4,>.� �.:.? 4,�.AAAa'WA� My Commission e�'��::e� �ArtY �uN�� N6T3STiY-PII�L��'• r.i, c*s�Tn � r �'''�. ANOKA COUNTY � �t r� � My Commission Eapires Sap. 23, 1975 YRYYrYYV`ytl b�VYO'rfYt�YY:'YY"4�'e�W i'YVYV'YY � _,._ -- � J � ,�',/�..� � C'7n-�» i. _ - „/ - Z*- . � � Contractor or Subcontractor (To De e16oeA !p ooacr�oto� or svDeontr�etor, iho�erer le required to eub�it thi• •ttid��lt.) CERTIFICATE OF COMPLIANCE MITH N.S.A. 290.92 Upon the facts stated in the above affidavit and upon the facts disclosed in the files and records of the Department of Taxation, I find that the aforesaid contractor (subc;ontractor) has, to date, duly complied with all of the provisions of M.S.A. 290.5)2 relating to the withholding of income tax.on wages at source. Dated � /l-�t�.��, %�� 19G1__ Commissioner of Taxation State of Minnesota � �i //�� (/f�! � � ��-G-`-ri.. �Gfr'�-��%C ' , � CITY OF FRIDLEY MEMORANDUM T0: NASIM M, QURESHI, CITY P�ANAGER IFROP�: MARVIN C. aRUNSELL, ASST. CITY P�1GR./FIN. DIR, ' SUBJECT: MINI��IUM REQUIRE"1ENTS FOR LIQUOR LICENSES �JATE: NOVEf•i�ER 27, 1974 We have surveyed some of the surrounding communities regarding their minimum requirements for building size or investment for the issuance of on-sale liquor licenses. Fridley's minimum requirements are also sho�an. ' The only minimum requirements that Fridley has is 900 square feet of restuarant area, a seating capacity of 30 for a restaurant, or a capacity of 50 guest rooms for a motel or hotel. Since there are several license applications coming at this time, this may be an appropriate time for the City Council to ccnsider increasing the minimum requirements. This could be by the establishment of a minimum investment, an increase in license fees (possibly f rom $4,500 per year to $7,500), or other minimums the Council may deem appropriate. , Also attached is information concerning the present liquor outlets in the , Ci ty of Fri dl ey. MCB:sh Attachments ' m ' � ' aloomington ' ' aroo'r,lyn Center ' , Brookly_n Park ' Golden Valley ' ' ' C Ra ids oon p ' ' Richfield ' ' ' Fri�ley ' . � �' � ' P4I �l I � ri U��1 If;VEST(�1ENT �lone None �250,000 1 P9i 11 i on L a r+c! & E3ui 1 di nc� NonP Notel 1 tetillion �500,000 Restaurant (Land & Quilding) 18A. SEATI�JG (•iINIt9UP� LICE�dS� CAP�CITY S�UARE FEFT fEE 50 900 Flote 1 �� , 500 Restaurart 1,200 Restaurant Pr�posed � R�ise to �5,5U0 100 t•9ote1 None $10,00Q 150 R�s- �aurant � 150 N�A . . �4,000 Pdofi Less None �4,000 Than 3�J (State re- require�en� for Sun�ay On Sa1e} � Pdot Requi red in their Ordi nar�ce 150 NOne : �4,000 ��9ust state size of k�itchen, dinning room, bar and cocktai 1 lounge. None 10,000 Square �7,50� Feet - Total area no t counting basement None 30 Res— 9�0 Square �4,500 taurant Feet 50 t�otel Guest Rooms . r Q � 0 0 r- ar � �y. � � � r M lfl . .' � . . O � � . � � F- :� N �..� t:sT �. ' p C7i � O d , � r-- ^ O r rtS l� � CA � I� M r-- � �' r tn- ' ! � O Q O , � � O � � � M • J � � Ln �t!} � , r�-- � � t--� . (71 rtS � RS �.. +""' i.,.� � r �„� ' }- I rt3 CL O - � O W U O � k— O= �-' J ti Q1 C� t3� p- � �., 1 H � _ 4.' •r i0 O l0 O O Q LI,_ -N N O N N�QIp ' tCS r- r- N N r�. 7 QJ H (n � � ' . � � � � � i � �- � � -a N � , . r 7 1 ' _1 i-� rt3 . • r [O rt3 �- � -�-� � �L k- CU O { � � �� .. f" V- _ O W . C� _ � F-- AC LL. � CO N O N= I � O . •r l0 N dl � �' � .� Olr- O l0 l0 C7 G�' CT•.- M lC� }�" � f-+ V) Q r" r-- M �. + � J ,--. C�! 1 � Q ` � O O i� � .I.1._ (y. . ' � � � N N � •r'_ �U � 'C3 �"' N . '-- rtf � 1,() ' . '`- � ^ . n � � � ^ � d ' �- � W � J =23; - � � � H [[f -{-7 ' � � � � N ' � � ? i-- J-� �--� t t-� C) 1� � � > M t = � ' C/') •f-- � O S r-� � 'ZJ ' 77 O � "' `-" ltJ -1-� RS . LiJ lD � Lj N CY_ r-- �y nS Q� O W _ •� � u� N �} 0 0 N r C1' � O O � M � O O � � � �- 0 0 N d' O M � O O � � � � �9- O O tt) �. d- � r"' r N � � �3 �-- i-� � -f-� p„ O � O � ~ � ~ Q 1 Q i N .d- lD O O � r r" r-. N � � � � Q m ¢ m 1 1 -1-� r- � _ � � � {� � _ � � O 6' = h � � . i N � .^� .-� � d' � d' N r- N Cp c`� N M N r- C� d'`Ol d'f� n , e. � r-- t _ r-� �-- � (-[.. CJ' N � � O d N > Q � �-. � C � N U L�J C� W ql o �- � lO d N � � a' N lD O N t-f) Q1 > Qw � L7 S_. �: a � � � O � CY_ U �� 7 � � N o �n � V 18B � O � � •r 't7 N � � > O •� O �- S-. � � •� i •r RS "l7-"LS-' � � O •r U f� � � N N N •r •r d n � �F-� O Z i: �Vy h1EM0 T0: Nasim h1. Qureshi , City Manager MEMO FROf�: Richard N. Sobiech, Public Work:s Director DATE: SUBJECT: pecember 2, 1974 Res�lution Approving Grade for Mississippi Street Under�ass On November 12, �.974, the Engineering Department received the final plans fe�r the construction af the underpass on Mississippi Street. We have reviewed the plans and all items dis- cussed at previous meetings regarding the City's interests have been incorpor°ated intv. the fina� plans and specificatians. A�tached please find a grade approval resolution which was received frorn Anoka County on November 27th. This resolution is required by Anoka County prior to advPrtisement for bids for the projeci. The resolution bdsically indicates the Gity agrees with the grade as planned. � ' Please be advised the grade indicated on the final pians is appropriate for the improvement planned in this area. It is �herefore recammended that the resoTutivn be adopted by the City Council. , , , ' ' u ' ' ' Th� advertisement for bids is schedu1ed tentatively for Uecember 30th, therefore it is requested that ihe resuluti�n be con- sidered at the Regular Council Meeting of December 2, 1974, as an added item to the Agenda. RNS/jm Attachment ' Form 30182 ' ' � � i.�i�:DE APPiiUVAL i �RM At a duly authorized �eeting of the (City.) (�$��,�,�) Cotnci.l . o� Fridley , �.��sota the fo11o;�, > _ � �in�, resaluiion was �ovea and adopted: . . ItESOLUTI0r1 . UdHERE.�S, plans for - State � Project ' ' Noo 02-60b-07 shottin � propased alignment, profiles� �rades and , cross-sectio�is, together erith specifications and speca,al, provi,sions for the �� (��.'�.'t�c}, (reconstruciion), {��r�.��), of County-State-�id High.•ray , No. b Vrithin the limi.ts of uhe (Cit � Y) i��) as �. (Federal) (5�� '��} Aid Project have been prep�red �.nd presented to the (City) (��gg��; NOl'1, T'ti�REFORE T , I IS f�E;SpLVED : That said pla.ns, sp�cificat? ons and ,� � special provisions be in a11 things approved. • � Da,ted this day of lg 7y.o ' . , : � -- ' C�RTIFICATl"OId � _ ' : � 8tate o� I�Iintzesota � , Co�niy of Anoka , . .. - - (ci��} (�'x�..�� of Fridley - ' 1 � _ , � � 2 hereby certi:E�r thai ihe �'orego�.np Resolutian is a trL;e and ,' correct copy o� a resolntion to and �dopted by the ( Ci.ty� (�C�=?�o�) Council of Fridley at a r�eeting thereof held in the Cit .� � . � Y) ��;�ok) of Fzidley � . li , Sinnesota, on the day of ` � , 19 ��, as disclosed by the records of said (Ciiy) (Vti��') �,n �y possession, I . . ' � (SE.AL) _'.____ ._ ____ �City �S� Clers • / / G �