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07/07/1975 - 5464PAT RANSTROM SECRETARY T� THE CITY COUNCIL REGULAR COUNCIL MEETIPdG JULY 7, 1975 � � . �� f� , � F�IDLEY CITY COJ��CIL — R�GULH��f�EETIfuG � J�JLY 7, i97� — 7:,30 P. i�. 7:34 P.M. PLE�GE OF ALLEGIAiyCE: Given � . ROLL CAL�:: � A11 Present �' PR�SE��TAT I O;J OF CERT I F I CATES OF APPRE;, I AT I Q�V : . UMAN RE ATIONS COMMITTEE � � � i�A RINE I°�OSS THE ' REiVA VIZENAR � CAROLYN ROUSE . - KAREN PACKER � DAN FISH � INA PRIEDITIS � RICHARD MENGELKOCH ALLAN RUDOLPH � LEOiVARD LI ND ARVID HANSEN � . HARRI ET �iUDRLI K IVICOLE ��EE , ti�ALT LI ZAKOWSKI FRIDLEY NOUSING AND REDEVELOPMENT CnMMiSSTON � STAN CARLSON M� i� � P�AHUR I N ' � ' Presented to those present. City tlanager to forward remainder. � � � , . . '� . -,�.° i� � � � � � u � � � � � REC�ULAR �IEETIiJG. JULY 7, 1�75 .. PAGE 2 APPROVAL OF �I I �dUTES : R�GULAR I�EETI�G, i�AY 5, 1975 Adopted as presented. FOARD OF EQUALI ZATI ON !'�EET I NG, P�IAY $, 1�75 Adopted as presented. 0 PUBLI G HEAR I NG i'�EET I��G, i`�AY IZ, 1975 Adopted as presented. �ONTINUED BOARD OF EQUALIZATION �EETING, MAY 15, 1975 Adopted as presented. REGULAR MEETING, MAY I.9, 1975 Adopted as presented. . ADOPT I Old OF A�EfdDA : Additions: Communication from Fridley 49'ers in appreciation for celebration. Cor�munication from the Fridley Chamber of Comr�erce commending Fridley Fire Department for action at Convalescence Nome. OPEN FORU�I, �V I S ITORS : CONSIDERATION OF ITEMS NOT ON aGENDA — 15 MINUTES None. � . . � __ C� � � REGULAR i�tETI►du,� JULY 7,� 1�75 ... ... ... - PAGE 3. OLD BUS I �VESS : � , � ;� CONSIDERATION OF SECOND READING OF AN ORDINANCE AMENDIidG CHAPT�R 5Oa OF THE I,ITY CO�E OF THE CITY OF FRIDLEY - RELATING TO PARKS AND PARKWAYS � AND . CONSIDERATION C�F AN ORDINANCE AMENl7ING �HAPTcR ��I OF THE � CITY CODE RELATING TO IIUNICIPAL t�ATHING �EACHES. ��.. � � � � �� , Ordinance �10. 586 amending Chapter 5QR of the City Code of the City of Fridley relating to Parks and Parkways adopted. Ordinar,ce relating �o Bathing Beaches amended to strike "or beer" and�adopted on first reading. ' 1-1A CONSIDERATION OF SECOND RrAD.ING OF AN ORDINANCE FOR �ACATION REQUEST BY �ACHINING INC., SAV �75—�3, TO �ACATE ALLEY BETWEEN ASHTON AVENUE AND RAILROAD TRACKS �ETWEEN LIBERTY STREET AND LONGFELLOW STREET; 14U LIBERTY STREET �. 2 Ordinance No. 587 adopted on second reading and publication ordered. � CONSIDERATION OF SECOiVD READING OF AN �RDINANCE FOR . VACATION REQUEST BY j�iORTH SUBURBAN NOSPITAL I�ISTRICT; SAV #%�—�l TO VACATE PART OF �6TH AVENUE; �E��iERALLY � LOCATED i�IORTH AND WEST OF UiVITY NOSPITAL. � � � � � . � . . 3 � � i Ordinance 588 adopted. � REGULAR MEETIyG, JULY 7, 1975 PAGE.4 QLll BUS I iJESS (CO�JTI f�iUt1�> _ . _ CONSIDERATION OF FIRST READIiVG OF AN ORDINANCE FOR REZONING REQUEST BY RICHARD Pov�i�TZKi, �UA #75—�� TO REZONE FROM C—� TO C—Z; %�bS CENTRAL AVENU� ��.E� �TABLED 6/16/75> , ( ( , , ,. ., , , , , , , , , , , , , , , , � Motion for adoption of ordinance failed to carry by a�Four/fifths vote. CONSIDERATION OF A REQUEST FOR EXTENSION OF TIME FOR RESERVING LIQUOR LICENSE, �3Y i�AX SALITEftMAN FOR KI.NG'S �HALET, INC� �TABLED 6/16/75}: . . � � � � . � . . � . . . Tabled untii July 21, 1975 meeting. CONSID�RATION.OF REQt1EST FOR VARIANCE IN FRONT YARD SETBACK BY I`'�ARLEN I��1 LLER, �S4O STI NSON bOULEVARD �TABLED b/16�75) � � � � , � � . . . � . . . . . . . . � . . Tabied indefinetly. • � 5-5� 6-6C 0 � � � � � REGULAR i�EETIfVG, JULY 7, 1�75 . PA�� OLD BUSIi`dESS (COiJTIPd'UE�) CONSIDERATION OF 4�AIVING FEE FOR i�IUSCULAR �YSTROPHY �ARN I VAL (TaB�En b/16/75> � � . � � . � � � . . . . . . . . % — 7 }� Fee waived. Applicant dropped request for beer. idEW �USI�IESS: CONSIDERATION OF t�EQUEST BY JPRINGBROOK I�ATURE CENTER � FOi1NDATION FOR CITY APPLICATION FOR U��ICOi'� FUNDS FOR NORTH PARK � � � . � � . � � � � � . � � � � � � . � � . � � � Request approved with the understanding that the funds would be reimbursed to the City. � . � � � �. � m � RECEIVING THE ��IINUTES QF THE P�ANNING COMMISSION ��EETING oF J un� � 25� l97 � , , , , , , , , , , , , , � . . . . . . . . . 1. C. E. GILBERT, $P ��—t�6, FLEA i'iARKET, 5ZO%— S2g� CENTRAL AVENUE iV. E. � � Pl ANNING COMMtSSION RECQf�IMENDATION: �ENIAL COUNCII� ACTION REQUIRED: CONSIDERATION OF RECOMMENDATION Request denied, . . . 9-9R.. � � � REGUtAR MEETING, JULY 7, 1975 PAGE 6 NEW BUSI��ESS (COi��TIiVUED) , . . __ � �PLANNING COMMISSION �IINUTES CONTINUED) 2� �� BENSON, SAV #75-04, ALLEY IfV aL�4, $PRING BROOK PARK ADDN. � RECETVING I�ETITIONS f�15 t� t�lb-1�Z5 � .. _ _. . . _ ._ _ _ _ . __ P1,B.IyNING C�MMISSI�N RE�O ME(�IATI• : �ENIAL I COUiVCIL ACTION REQUIRED: SET PUBLI� �iEARING FOR � � Au�us-r 11, 1975 Received communication from Craiq M. `9ertz, Attorney for several residents. Refer2d communication to Planning Commission and set public hearing for August 11, 1975. " 3� RICHARD KOK, SAV #75-05, EASEMENT, C51� P�ICKINLEY STREET i�I � E. � PLANNING COMMISSION RECOMMENDATION: CONTIiVUED COUNC I L ACT I ON REQU I t�ED : ��VONE, AWA I T RECOMMENDAT I OiV FROM PLANNING COMMISSION No action taken. 4. M. ��CFARLAND, S�� #%5-Q6, ALLEY, 9a 64TH WAY i'� �� eLANN I NG COMM I SS I ON RECONiMENi�AT I OIV : APPROVAL W I TH STIPULATIONS COUNC I L ACT I ON REQU IBF.�,: $ET PllBLI C�EAR I NC, FOR Aususr 11, 1975 Public Hearing set for August 11, 1975. � 0 i � � �� I� � . � � � � ,� � � � � � REGULAt2 MtETIi�G, JULY .7, 1�75 PAG� 7 f�EW BUSIidESS (COidTIi�UE1�) � - �PLANN I NG COt�1MT SS I ON i`�I NUTES CONT I NUED) , 5, R, �ANKE, L,S, #75-02, 191 ar�D ZOi RICE CREEK, TERRACE • _. .. _. PLANNING COMMISSION RECOMME(�DATIO�y.: APPROVAI. �(�t1Nt' I L ACT I ON REQU I RED : CONS I DERAT I ON OF �E:COMMENDA- TION Lot Split approved. 6� a� Sf:GER, L. S,��75-05; %b�l� �AKESIDE ROAD I'� � E� PLAfVP�.IfVG COMMISSION RECOMMENDATIOiV: APPROVAL WITN STIPULATIONS pi .�1�T i ACTION �EQIlI RED; �ONE, WAIT UNTI L E;ASEMENT ANIQ SURVEY RECEIVED BY_STAFF BEFORE COUNCiL CONSIDERATTON No action taken. %. R. �►CNROER, L� S. #%�-t�4, �alO UNIVERSITY A'VENUE ._ _.. _ . �JNIiVG C�IMISSION RECOMMENllATION: APPROVAL WITH Sli I PULATIOi�S _ . _.. �J(:IL ACTION REQUIRE�: CONSIDERATION OF RECOMMENDA- T�ON � Approved as recommended with stipulaiions. 0 � � � � � i � � � � �. REGULAR f�IEETIPJG, JULY 7. 1�75 - - PAGE � i��EW BUSIi�ES�� (COi�TI;�UE�) iPLANNING CC)MMISSION �'�1fVUTES CONTINUED) �� bUILDKNG PERMITS: PACO INC., 77�1 a�n 7747 ELM STREET E� � E. _ . - _. . . . ... PLANfV:[NG COMMISSION RECOMMENDATION: CONCUR hIITH STAi� F REPORT _. _. _ _. OUNC � L ACT I ON B.EQSJ I RED : i�ONE No action taken. hiinut�s received. COiVSIDERATION OF AGREEMENT ANll GR1�DE APPROVA� FORIH WITH ANOKA COUNTY FOR COfySTRUCTION OF �AST �IVER ROAD FROM /�OO FEET IVORTH OF I.S�4 TO I2� FEET I�ORTH OF CHARLES STREET � � . � � � . � � � � � � � � � � Council authorized execution of agree�ent. , ��,�� .,% , , , , lo-lOG RECEIVING R�PORT REGARDING DEBRIS ON VACANT LOTS ]:N I�ORTH I NNSBRUCK � � . . � � . � � � . � � � . � � �� . � . � 1� — 1�. � .Council concurred with recommedation of Administrat�ion. � . , � . � r' i� . REGULAR �'lEc f I�JG, JiJLY .7, 1975 � PAGE 9 NEb� BUSI;uES,S (COiVTIivi1�J) . CONSIDERATION OF APPROVAL OF A�'�UTllAL AID AGREEMENI' FOR FIRt AND POLICE LETWEEN CITY OF FRIDLEY aND CITY � CiF I�IEW BRIGNTON. � � . � � � � � . . . . : � � , , . � � � 12 - 11 H Authori�zed execution of agreement. COySIDERATION C?F ACGEPTING iJ. S. ARMY HOWITZER FOR, EI SEiVHOWER SQUARE . . . . . . � . . . . . , . � , , , , . . , 13 - lj i� Counc�i directed Administration to communicaie that the � " City v�ould dec7ine this offer and request a smaller size piece of eq�aipment. � .LONSIDERAICION OF a RESOLUTION ORDERING IMPROVEMENT, APPROVAL OF PLANS AND ADVERTISING FOR �LIDS: STREET � . '�MPROVEMENT PROJECT ST, 1�75-1J� (OvE��.aY). � . � . � . � . �� ' 1`� � Reso'lution No. 84-1975 adopted. CONSIDERATION OF A RESOLUTION ADOPTING A BIKEWAYi� WALKWAY SYSTEM PLAN FOR THE CITY OF FRIDLEY� ,...�.. �5 - 15 � , Resc�Zution ho. 85-1975 adopted. � � � - �..�. �� i � � � � . � I� � �� REGULAR i�fE=ETIPdG, JULY 7, 1975 ° � � � PAGE 10 fJEW BUSIrdESS (COr�TI`dUE�) CONSIDERA'TIOfV OF A RESOLUTION DIRECTI(dG PREPARATION OF ASSESSMENT ROLL FOR SANITARY SEWER, �ATER AND STORM SEWIER IMPROVEMENT PROJECT �'J4. �.I.b � � � . � . . � , . 16 Resolution No. 86-1975 adopted. CONSIDERATIOV OF A RESQLUTION �IRECTING PUBLICAT:[ON OF HEARING ON �ROPOSED ASSESSME�dT ROLL FOR SANITi�RY SEWER, ��IA,TER AND STORM SEWER IMPROVEMENT PROJECT No,116 .......................... Resolution �do. 37-1975 adopted. 17 0 CONSIDER��TION QF A RESOLUTION Al1THORIZTNG AND DIRECTING THE COMB]:NING OF SPECIAL ASSESSMENTS ON Lo-r 4, PARCEL 4iJ AND �OT ��, PARCEL 5�, �LOCK 1, DAK �ROVE A�t7ITIOfV. .� ..� 1� - 1� A Reso�lution Mo. �8-1975 adopted. REGULAR M�:ETIi�G, JULY 7,; 1975 : . . PAGE 11 idEW EllSIi�E:SS tCOirTIi`�UtD) . CONS I DERA7'I ON OF A RESOLUTIOfJ AUTHOR I ZI NG A�JD 1�I R1=CTI NG THE COMBIN'ING OF SPECIAL ASSESSMEfJTS Ov LOT IO, Pa'�RCEL 1��, LoT 11, PaRCE� 110, BLOCK 1, �AK �ROVE ADDIT:[ON ��. �.9 Resolution No. 89-1975 adopted. CONSIUERATI�N OF A RESOLUTIOiV AUTiiORIZING Afti17 I�IRE:CTING THE COP�B I N I NG OF SPEC I AL ASSESSMENTS ON LOT IZ, PA,RGEL 12O AND Lo�r 13, PARCEL 13�, �LOGK �, �AK �ROVE A1�D�ITION �.. Resolut:ion No. 90-1975 adopted. Z� CONSIDERATION OF A RESOLUTIOPJ AUTHORIZING AND �IREGTING THE COMBINING OF SPECIAL ASSESSMENTS ON LOT 1�, PA�RCEL 29a a�D Lo7� 15, {�ARCEL 3��, �SLQCK 2, �AK �ROVE ADDTTION .� 21 Resolution No. 91-1975�adopted. CONSIDERATION 0� A RESOLUTIO�V�AUTHORIZING AND DIREt;TING THE COMBINING OF SPECIAL ASSESSMENTS ON LoT 9, PARC:EL 540 acvn LOT IO, PARCEL �SO, BLOCK 3, OAK GROVE �DDITION. � Resolut�ion No. 92-1975 adopted. I � 1 ' . . 22 REGULAR MEETI►JG, JULY 7, 1975 PAGE 12 �VEW t�USIi�ESS (CO��TIiVU��) . CONSIDERATION OF A RESOLUTION AUTHORIZING AND DIRECTING THE COMBINING OF SPECIAL ASSESSMENTS ON S� 9' OF ILOT l, PARCEL 355 AND I'�, 77� OF LOT Z, PARCEL 4Ot�, 1iLOCK 2, __ . . .. RIVERWOOD I�ANOR ADDITION� � �'� . � � � . � . � � � � . . . 23 Resolution No. 93-1975 adopted. CONSIDERATION OF A RESOLUTION AUTHORIZING AND DIRECTING THE COMBINING OF SPECIAL ASSESSMENTS ON Lo-r 33, PaRCE� � 165, LoT 34,��aRC� 170 LoT 35, PARCEL 1�5 AND LoT 3e, PARCEL I�O, BLOCK A, RIVERVIEW f�EIGHTS A1�DITION ��.�� 24 Resolution No. 94-1975 adopted. CONSIDERATIOf� OF A RESOLUTION AUTHORIZING AND DIF�ECTING � THE COMBINING OF SPECIAL ASSESSMENTS ON LoT 13j F�ARCEL 620, LoT 14, PARCEL 625, Lo-rs 15 arvD 16, � PARCEL Ei3S r� AND E� I2� OF LoT 17, PARCEL 640, BLOGK �, RIVERWIEW . HEIGHTS ADDITION � � . � . . � . � � � � . � � � . . . � �r ' Resolution No. 95-1975 adopted. � CQNSIDERATION OF A RESOLUTION AUTHORIZING AND I�IFtECTING THE COMBINING OF SPECIAL.ASSESSMENTS ON LoT 49, PARCEL BOO, LOT 5O, PARCEL $O5 AND LOT S1, PARCEL dll�, $LOCK D; RIVERVIEW HEIGHTS ADDITION . ; � . . � . � . . . . Resolution No. 96-1975 adopted. 25 �O � u . � .. . PAGE 13 REGULAR I�EETIiJG, -JULY 7, 1975 � � � � � NE�( Bt1S I fVESS tCOidT I iVUE�) CONSIDERATI�N OF A RESOLUTION AUTHORIZING AND DIRECTING THE COMBINING OF SPECIAL ASSESSMENTS ON LOT 5Z, PP�RCEL H15, LOT 3�3, PARCEL 2�ZO, LOT 5�, PARCEL SZ5 AND Lc�-r 55, PARCEL �30, BLOCK D, RIVERVIEW HtIGNTS ADDITION. �� .� Resolution No. 97-1975 adopted. 27 CONSIDERATIOiV OF A RESOLUTION AUT(-�ORIZING AND I�IRECTING TNE COMBINING OF SPEGIAL ASSESSMENTS ON Lo-r 25, PARCEL 9�5 AND Lo-r 26, PARCEL 9SO, �L�CK E, RIVERIVEW �{EIGHTS ADD I T I O N � � � � � � . , . � . � . . . . � . � � � � . � � � �i Resolution No. 98-1975 adopted. CONSIDERATIOfU OF A RESOLUTTON AUiHORIZIfVG AND DIRECTING THE COMBINING OF SPECIAL ASSESSMENTS ON LOT �4, PARCEL 107Q, LoT 45, PARGEL la�� AN1� LoTS 46 A�VD 4%, pAI�CEL IOSS, BLOCK E, RIVERVIEW HEIGHTS At7DITI0N� � � � � � � � � Resolution No. 49-1975 adopted. � e 29 � � . CONSIDERATION OF A RESOLUTION AUTHORIZING AND DIRECTING � THE COMSINING OF SPECIAL ASSESSMENTS ON LOTS 9�►ND 1U, PARC�L I.ZOO AND LOT Il, PaRC�� 1205, bLOCK F. R�;VERVIEW , HE I GHTS . � � � . , . . . . � � � . � � . � � � �� . . . . . �O Resolution No. 100-1975 adopted. . I i '' ' � " � . i ' � , � , � � ' � REGULAR MEETI�JG, JULY 7, 1975 PAGE 1� NEW BUSI�VESS CCOiVTIi�1UED) - . CONSIDERATION OF A R�SOLUTION AUTHORIZING AND DIRE:CTING THE COMBIPIING OF SPECIAL ASSESSMENTS ON Lor 15, P��RCEL 1225, Lor 15, PARCEL 1230 AND LoT 17, PaRCE� 1235„ . BLOCK F, RIVERVIEW HEIGHTS ADDITION. � . . . � � � � . � • 31 Resolution No. 101-1975 adopted. CONSIDERATION OF A RESOLUTION AUTHORiZIN� AfVD DIRECTING THE COMBINING OF SPECIAL ASSESSP�IENTS ON LOT 44, PaRCEL� 1370, LoT 45, PARCEL 13�5 AND LOTS 46 aND 47, PARCEL � 1385� �iLOCK F, RIVERVIEW �EIGHTS ADDITION� � � . � � � � � 32 Resolution No. 102-1975 adopted. APPOINTMENT, CITY tMPLOY�E� � : � � . . � . � . n � . � . 3� Appointed J.ill McInnes Police Service Technician effeetive June 30, 1975.. LICENSES� . � � � . � � . � � . � . � . . . . � . � . . � Approved. �LAIMS. , � � � . � � � � . . . . � . � � � . . � . . . � Approved. ESTIMATES� . . . . . . � � . � . . � . . . . . . . . . . . Approved. 34-�34� 3� 36 REGULAR MEETINC ".JULY 7, 1975 . PAGE 15 COMMUid I CAT I Oi�S : INFORMATION SYSTEMS �'�Ai�AGER: COMMEN� CMPLOYEES� �� 37 Communication Received. WEISS, TONER, I��ARTINSON, NOTZE: STABLE RIVER bANK� .��. �� Received. Engineering Department to work with Corpsof Engineers. . FRIDLEY .JAYCEES: SOFTBALL TOURNAMENT� � � � � � � . . . � Approved. Fridley 49'ers: Commending City Employees Received. - , Fridley Chamber of Corr�nerce: Commending Fire Department Rece7ved. :1 �_i �, . 39-39� � � . 269 ' THE MINUTES OF THE REGULAR MEETING Of THE. FRIDLEY CITY COUNCIL O.F • J�ULY 7, 1975 �. � I� The Regular Meeting of the Fridley City Council of July 7, 1975.was called to order at 7:34 P.M. by Mayor Nee. PLEDGE OF ALLEGIANCE: Mayor Nee invited those present to join the Council in saying the pledge of,allegiance to the Flag. ROLL CALL: MEMBERS PRESENT: Councilwoman Kukowski, Councilman Breider, Councilman Starwalt, Councilman Fitzpatrick, and Mayor Nee. MEMBERS.ABSENT: None • PRESENTATION OF CERTIFICATES OF APPRECIAT:JN: NUMAN RELATIONS COMMIT7EE ' Katherine Moss � Rena Vizenar , Carolyn.Rouse Karen Packer . Dan Fish. Ina Prieditis Richard�Mengelkoch Allan Rudolph - Leona•rd Lind Arvid Hansen Harriet Hudrlik ' Nicole Nee ' Walt Lizakowskj FRIDLEY HOUSING AND REDEVELOPMENT COMMISSION Stan Carlson M.M. Mahurin Mayor Nee asked those present to receive the certificates to come forward, and he read a certifica.te and thanked those who had served. Mayor Nee directed the City Manager to forward the certificates to those not. present. ' APPROVAL OF MINUTES: REGULAR MEET.ING OF MAY 5, 1975: MOTION by Councilman Starwalt to adopt the minutes of the May 15, 1975 Regular�Meeting of the Fridley City Council as submitted. Seconded by Councilman Breider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. � BOARD OF EQUALIZATION MEETING OF MAY 8, 1975: MOTION by Councilman Breider to adopi the minutes of the hlay 8, 1975 Board of Equalization Meeting of the Fridley City Council as submitted. Seconded by Councilman Starwalt. Upon a voice vote, all ��oting aye, Mayor Nee declared the motion carried unanimously. pUBLIC HEARING MEETING OF•MAY 12, 1975:_ � MOTION by Counciltvoman Kukowski tv adopt the minutes of the May 12, 1975 Pu61ic Hearing Meeting of the Fridley City Council'as submitted. Seconded by Councilman Starwalt. Upon a voice vote, all troting aye, . Mayor Nee declared the motion carried unanimously. j , ' i , . � i � �— _ __ _____ 2 r/ l! � REGULAR COUNCIL MEETING OF JULY 7, 1975 Page 2 � APPROVAL OF MINUTES: (cont.� ' CONTINUED BOFIRD OF EQUALIZATION MEETING OF MAY 15, 1975: MOTION by Councilman Starwalt to adopt the minutes of the Continued . Board of Equalization Meeting of the Fridley City Council o� May 15, ]975 as submitted. Seconded by Counci7woman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. REGULAR MEETING OF MAY 19, 1975: � MOTION by Councilman Breider to .adopt the minutes of the May 19, 1975 Regular Meeting of the Fridley City Council as submitted. Seconded by Councilwoman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. ADOPTION OF AGENDA: Mayor Nee sai' there would be two communications'added to the A'genda; � one from the Fridley 49'ers concerning appreciation to City employees. and volunteers, and another from the Fridley Chamber of Commerce in appreciation to the Fridley rire Department for their aid rescue activities at the Fridley Convalescence Home. MOTION by Councilman Breider to adop� the agenda with the additYion of the items mentioned. Seconded by Councilman Fitzpatrick. Upon� a voice vote, all voting aye, Mayor Nee declared the motion c'arried unanimously. YISITORS: NONE OLD BUSINESS: ' ORDINANCE N0. 586 - AMMENDING CHAPTER 508 OF THE CITY CODE OF THE CITY F FRIDLEY RELATING TO PARKS AND PARKIJAYS: AND • , FIRST READING OF AN ORDINFiNCE AMENDING CHAPTER 507 OF THE CITY CODE RELATING TO MUNICIPAL BATHING �BEACHES:. MOTIQN by Councilman Star�c�alt, t� adopt Ordinance No. 586 - ammending Chapter 508 of the City code of the City of Fridley relating to �parks and parkways, on the second reading of the aubiic ordinance. Seconded by Councilwoman�Kukowski. - Mr. James .Hi11, Public Safety Director explained that he had done some research in other areas concerning th.is type of ordinance or regulation, and Anoka County has no ordinances such as this. He pointed out that in Ramsey County where there is ar ordinance, it is unenforceable because the Court will not accept the charge. 0 � � . .. � �' -� The Public Safety Director explained the ordinance being hoped for would take care of the rowdies and leave the nice family people along. He • said this would really have to �e a Council policy rnatter, and he could not recommend any specific action at•the �,urrent time. The'Public Safety Director referred the Council's attention to Subdivision 2 of the ordinance nelating to parks and parkways and. questioned if the - Council would want the permit to be issued hy ihe City Council, or did • � • this mean tl�at the C�ty Manager or a des$gnated person.would issue the permit. He also questioned if the work ''grou�" would mean a group of two or twenty. He also asked if by "neighborhood' the Council would mean a group close to the park, any group ir the Cify or a group of neighbors from St. Paul. Ne atso questiened if a man and his family would go to t'he park and the man had a beer, would he be in violatiorr without a permit. Ne sa'id the Police Department wouid not know their limits without some clarification of this section." �� _ _ _ _ _._ _ . _ _ ., I . ' � '' , ' � ' , � , ' � ' I � .., � �� 0 .;� �� —� REGULAR COUNCIL MEETING OF JULY 7, 1975 Page 3 271 � 5 He also questioned if the Council would issue permits to the civic or service organ�zations in the City. He mentioned the desires of the Council should correspond to the requirements of the ordinance. The Public Safety Director explained that in 1970 there was e� letter received from Anoka County concerning this type of ordinance., but any further action on this had been dropped because of lack of concern.. Councilman Starwalt said there was considerable discussion on the first reading of the ordinance, and he thought.that it would be broiaght back in a changed form. Mayor Nee said he saw no problems in the second subdivision. The City Attorney asked if it was the Council's intent that the permits be issued by the City Council. Mayor�Nee said this had only been discussed. Tf�e City Attorney questioned if this should not be done by the City Manager or a person designated by the City Manager. He mentioned that Mr. Hil] brought up a good point concerning the neighborhoods and questioned what would happen if the Council or Administration was contended to be discriminatory. Mayor Nee asked who would challenge this process. The City attorney answered„ probably no one. �. The City Manager said that the administration would do what the Council wanted. He mentioned that the current use of the park facilities in this fashion is illegal and he said this is a recurring activity each year. The Ci�Cy Manager said he would prefer it if the permits were� held at the City Council level. He mentioned it would be better if all licenses and permits are handled by the City Council. He mentioned if tf�e activity Were to be coming up too soon for the Council to handle.the request, the doings could be held in Locke Park. He mentioned the condii�ions of vegetation and the large area would be more acceptable for �this type of � usage. He also mentioned that the ordinance could be adjusted in the future to fit the changing needs of the cnmmunity. The Cit;� Manager said the existing ordinance compieiely prohibits this use in the Lity parks. The City Attorney stated he felt the praposed ordinances to be better•than the existing ordinances. Councilman Starwalt asked if this meant in both the legal and policing activites,and the City Attorney said yes. The Public Safety Director said his only problems would be in subdivision No. 2. . Councilman Breider questioned the provision concerning neighborhood parks. Counctlwoman Kukowski said she would rather see the people come to the City Councii because the members of the Council are closer to the neighbor- hood situations. Councilman Breider asked about the time factor. involved in this type of Council appxoval. Councilwoman Kukowski said if there is not time, the people can hold their doings in Locke Park. The City Attorney asked if the area civic and service groups would go to Locke Park for their activities. Councila;oman Kukowski said she believed that the Civic organizations go to Locke Park. Mayor Nee said this wouTd aTso be true of the neighborhood groups. He said he felt this provision for neighborhood parties in the: parks was good for the City of Fridley. UPON A VOICE VOTE, all voting aye, Mayor Nee deciared the motion carried una�imously. � MOTTON by Councilman StarWalt to adopt the first reading o1= the ordinance to amend Chapter 507 of the City Code relating to Municipa"I Bathing Beaches and waive the reading. Seconded by Councilman Fit�patrick. Upon a voice vote, all voting aye, Mayor Nee declared the rnotion carried unanimously. - : � .. �I l �� _ _ � � ' , 272 . ; � �� REGULAR COl1tdCIt MEETING OF JULY 7, 1975 RD CE N0. 587 � AN ORDINANCE FOR _ns_ 7n VACATE ALLEY BETWEEN Page 4 ON REQUEST BY MACHTNTN_ d , � C.. . The Public Works Director explained the area and pointed aut the area on . the map on the screen. He said the Planning Commission at their May 21, 1975 meeting recommended approval of the request with a number of stip- ulations, and he read the suggested stipulations to the Council and • audienee. He said there was no one present to voice any objections at the public hearing held by the Planning Commission, and there were no � objections at the public hearing held by the City Council. He recommended it would be in order to adopt the ordinance on second reading and order publication. MOTION by Councilman Fitzpatrick to waive the second reading of the ordinance and adopt Ordinance #587 on second reading to vacate the a11ey between Ashton Avenue and the ftailroad tracks and between Liberty Street and Longfellow Street as requested by Machining Inc. Seconded by Coun�cilwoman Kukowski. Upon a voice vote, a17 voting aye, Mayor Nee •` declared the motion carried unanimously. � ORDINAfdCE NO 588 - AN ORDINANCE FOR VACATION REQUEST'BY NORTH SUBURBAN_ __ ��,., The Public Works Director explained the area on the map and commented • that this was done in cooperation between the City of Fri.dley and the North Suburban Hospital District in conjunction with a lease of property for park purposes by the City. He. said the Planning Commission recommended approval of the request with the stipulation that the City work with the hospital to eliminate the possibility of the property owner in the area receiving any•assessments. He said he had talked to people from the hospital, and they were in agreement with the proposal, and the curb would be constructed and also the'area restored. . MOTION by Councilman 8reider to waive the second reading of the ordinance and adopt the Ordinance No. 588 on second reading with the stipulations recommended by.the Planning Commission. Seconded by Councilman Starwalt. llpon a voice vote, a11 voting aye, Mayor Nee declared the motion carried unanimously. " CONSIDERATION OF FIRST READING OF AN ORDINAPICE FOR REZONING REQUEST BY The Gity Manager explained that the representative for Mr. Povlitzk . would not be available until later in the evening, and asked that the . item be tabled until that time. Mayor Nee asked if anyone was present to discuss the item, and there was no response. MOTION by CounciTman Starwalt to table the consideration until later in the meeting. Seconded by Councilman Breider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. RE UEST FOR EXTENSION OF TIME fOR RESERVING LI UOR LICENSE FOR MAX SAtI7ERMAN FOR KING'S CHALET, INC. TABLEQ 6/16/75 : MOTION by Councilman Fitzpatrick to table the consideration of the request for the extension of time for reserving liquor license for Max Saliterman for the King's Chalet until their representative is present at the meeting. Seconded by Councilwoman Kukowski. Upon a voice vote, all voting aye, Mayor Nee deciared the motion earried unanimously. CONSIDERATION OF REQ'JES7 FOR VARIANCE IfV_FRQNT YARD SETBACK BY MARLEN ,.�, ,.-„ -,rnn cTrnicnn� Rnn� F'�lARfl TARI Ff1 6/16/75 . The Public Works Director polnted out that the applicant had contacted 0 .. i f ' ' ' ' ' r i . . Y . . � ._....__..___.. ....__-�1 . ... ... . ..... ._.___.._. . ... ..... . ..._. _....__�.... _......__. . . _...» _._ .... _. _._......._. .. _. . _.. ...__.. .t .. .... ...... . . � � 2''" t, � .. , t � � � ' � REGULAR GOUNCIL MEETING OF JULY 7, 1975. Page 5 CONSIDERATION OF VARIANCE REQUEST (cont.) � him and would 19ke this item tabled indefinitely. MOTION by Councilman Starwalt to table the consideration of the� request for a variance in front yard setback by Marlen Miller indefinit.ely. Seconded by Councilwoman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. CONSIDERATION Of WAIVING fEE FOR MUSCULAR DYSTROPHY CARNIVAL (1'ABLED 6/16/75). Councilman Starwalt said he had asked that this item be broughi; back, and he added, he thought it should be granted. MOTION by Councilman Starwalt to waive the fee for deposit for the Muscular Dystrophy Carnival. Seconded by.Councilwoman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried , unanimous7y. The Finance Director, Mr. Marvin Brunsell, asked if the consideration•of the waiving of the fee for the beer license had to be acted on by the Council. ,. Councilman Starwalt questioned if this was to be withdrawn. A representative of the group said he would like to withdraw the request; they had decided not to have a beer truck. � , NEW BUSINESS: _ CONSIDERATION OF REQUEST BY SPRINGBROOK NATURE CENTER FOUNDATION FOR CITY APPLICATION FOR LAWCON FUNDS FOR NORTH PARK: The City Manager explained that Dr. Trezona, Ghairman of the Foundation, would not be in attendance at the meeting until ]ater in the e.vening. MOTIQN by Councilman Fitzpatrick to table the request for the consideration of the request by Springbrook Nature Center Foundation until later in the meeting. Seconded by Councilman Starwalt. Upon a voice vote, all voting aye, Mayor Nee declared the motion.carried unanimously. RECEIVING TNE MINUTES OF iHE PLANNING COMMISSION MEETING OF JUNE 25, 1975: REOUEST FOR A SPECIAL USE PERMIT, SP #75-06, BY C.E. GILBERT,_TO ALLOW IVU 1b3, Ifik JNl"It t5tlivU DLU/ ^OL67 S.LIY 1 nr�� nv �n�� _ -- The Public Works D�rector exp7ained that the Planning Commission recommended. denial of the request. He said this.would require outside display area, and there had been quite a bit of objection to the request. Mr. C.E�. Gilberi addressed the Council and said tfie request was not for � l.o� 5. Th'is was for the use of the empty lot between Skywood Mall and tf�e car htash. The Public Works Director said he had tried to contact Mr. Mortenson to . determine if this would be agreeable,to him and the other tenants in the co.mplex, but he was not in attendance at the meeting. � Mr. Gilbert said this operation would be conducted outside on Saturday. He explained that this activity is being conducted'on the inside of the Skywood Mall at the present time. I •Councilman Fitzpatrick asked if the area is paved. Mr. Gilbe�rt said the area is mostly weeds and gravel. ' Gouncilman Starwalt said he had talked to some people and hacl read th_e minutes of the Planning Commission meeting, and he has the o��inion that the City is really not ready ,for this. He said there had noi: been any � .: � �- � 274 e �� - • REGULAR COUNCI�L MEETING OF JULY 7, 1975 PAGE 6 problems with conducting the flea market inside the buildin9. He said � he would be inclined to move for the denial of the request and said this' would not eliminate the possihility of the applicant making this request • again in the future. Councilman Starwalt said the City staff has been trying to clean up this area, and he felt this type of actiVity would infringe on this_ cleanup operation. Councilman StarWalt mentioned there would be problems with weather and many other elements. MOTION by Councilman Starwalt to deny the request for the Special Use Permit as requested by Mr. C.E. Gilbert. Seconded by Councilman Breider. • Upo'n a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. � CONSIDERATION OF A VACATION REQUEST• SAV #75-04, BY LEOWARD BENSON: .— ___ _.._ ,,. �.,,,T �� ,�.i oi nrv n c�ornir. RRnnK PARK ADDITION. LOCATED AP1D FEfVCES WOULU NUI HHVt �� tst Ktl°�VYCU rR��•i ii�� 11LLL,. Mr. Craig M. Mertz, Attorney for Mr. and Mrs. Leonard Benson, Mr. and Mrs. James Roberts, Mr. and Mrs. Charles Floer, and Mr..and Mrs. Marvin ' Brei1and, all of whom own property on Block 4, Spring Brook Park Addition addressed the Council. Mr. Mertz said there is a problem with the minutes from the Planning Commission Meeting of June 25, 1975. He requested that this item be referred back to the Planning Gommission for . modification of the minutes before the Council receives them. Mr. Mertz said he represented the petitioner and several other property owners and they'did not believe the minutes reflected the facts as they were mentioned at the meeting. He also requested that the Council set the Public Hearing at this time. Mayor Nee said the Council could set the public hearing. He meniioned the statements either added or changed would not change the vote of the Planning Commission in their consideration of this item. • MOTION by Councilman Fitzpatrick to receive the communication from Mr. Craig trertz dated July 7, 1975 and send the communication on to the Planning Commission. Seconded by Councilman Starwatt. Upon a voice • vote, all voting aye, Mayor Nee declared the motion carried unanimously. ` MOTION by Councilman Fitzpatrick to set the public hearing on the matter of the vacation of the alley as requested by Mr. Benson for August 11, 1975. Seconded by Councilwomar Kukowski. Upon a voice vote, all voting aye, Mayor Nee �eclared the motion carried unanimous1y. CONSIDERATION OF A VACATION kEQUEST• SAV #75-05, 6Y RTCHARD KOKc TO REDUCE There was no� action necessary at this time. CONSIDERATTON OF A VAGATION Rf QUEST, SAV #75-06, LY MICHAEL MCFARLAND: ��Tr -ruG ,� Fnnr ��NnFVFi nPFn Al I EY IN BLOCK 15. FRIDLEY PARK ADDITION, c .,, ..__,... . _._.____.. S ME BEING 98 64TH WAY N.E.: MOTION by Councilman Breider to set the pubiic hearing.for August ll, 1975. Seconded by Counctlman Starwalt. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. . LOT SPLIT REQUEST, L S #75-02, BY RICHAR'J JANKE:. TO ALLOW LOT 11, BLOCK L, RICE CREEK PLAZA SQUTH ADDITION TO BE SPLIT INTO,PARCELS A& B � KtLHUSt UY I t1t tKKUK 11v P�i�L� t-v�n i avi� v�� v i �� - • ND O1 RICE CREEK TERRACE N.E.: ' The Public V�orks Director pointed out the area on the map on the overhead ' screen and explainedhow the fence and some landscaping construction f�ad been placed in a pie shaped parcel of pnoperty which was the property � 9 ■ ' . � , � ' ,•• - ' , ' � � , � ' '... � ' r , � � ____ REGULAR COUNCIL MEETING OF JULY 7, 1975 Pag�: 7 275 of the adjoining property owner. He explained that ratf�er than remove the construction, the applicant is requesting a lot split and would sell the piece of praperty to the adjoining property owner. Mr. Mullins said rather than move the constructions, 6e agreed to sell the property to the adjoining property owner. Couqcilman Breider said he would have no objection to this if the split would meet the code. • • The City Manager said at the present time, they would be creating an additional parcel, but this would be the only method of taking care of the current problem. MOTION 6y Councilman Breider to grant the lot split request as applied for by Mr. Richard Janke. Seconded by Councilwoman Kukowski. Upon a. voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. LOT SPLIT REQUEST, L.S. #75-03, BY ARTHUR SEGER: SPLIT LOT 1, BLOCK- 2, There was no action necessary on this item at this time. LOT SPLIT REQUEST, L.S. #75-04, BY RQBERT SCHROER: SPLIT OF NORTH 7ATES HYtNUt IV.t.: The Public Works Director explained that this piece of property is in the area Where Win Stephens had planned to ihstalT the Datsun Dealers.hip: He commentec! that the request was rec-ommended for approval by the Planning Commission at their June 28, 1975 meeting with several stipulations. He read the sugg�ested stipulations to the Council and audience. The Public Wbrks Director explained the reason for the lot split being requested is to allow the future construction of a roadway to the rear of �he lots abutting the frontage road. He explained there wouid be an appropriate amount of land, berming would be installed and the proper pa1^king requirements would be met. The Public Works Dir ect:or said the representative �f Win Stephens, Mr. Roland Benjamin, w��s present to answer any of tf�e Council questions. The Public Works [lirector, commented with the proposed roadway, the boulevard sho•uld tre shifted to make sure there will be a proper set back. He said currently, there is no road in the rear portion of the property in quf�stion. Mr. Sobiech said it wouTd be in order for the Council to concur with the recommendation of the Planning Commission and appi�ove the request with the stipulation set by the Planning Commission. Mayor Nee questioned when the area would be platted. The I�ublic Works Director said the City would have to wait for Mr. Schroer to produce the plat. Councilman Breider asked Mr. Schroer when the a�rea would be platted, and Mr. Schroer answered that this'would be after ihe � restaurant is in operation, Mr. Schroer said the parcels �r�ould meet the proper lot size and it is the proposal to bring the road i.n � next to the building. Mayor Nee asked if there was to be �wasted land with this proposal. Mr. Schroer said the street would be needed for the lots in back of the Town.Crier and Capp Homes. Mayor Nee asked if tfris would be a proper solution to the problem, and Mr. Schroer said it had been,suggested by the City Council because of-the depth of the lots. , MOTION by Councilman Breider to concur with the recommendation of the - '€ 0 P1anning Commtssion and grant the l�t split request to Mr. Robert Sctiroer as requested for 7810 Universtiy Avenue N.E. Seconded by � Councilwoman Kukowski. Upon a vbice vote, all voting Mayor Nee ; declared the motion carr;ed unani.mously. � . � , � ' ' _ _ _ __ J _ , �' � ' I 276 REGULAR COUNCIL MEETING OF JULY 7, 1975 ' �PAGE 8 , � MOTION by Councilman Fitzpatrick to receive the.minutes of the Planning Corrmission • meeting of June 25, 1975. Seconded by Councilman Starwalt. Upon a voice vote, • . all voting aye, Mayor Nee declared the motion carried unanimously. CONSIDERATION OF AGREEMENT AND GRADE APPROVAL fORM 14I AND RESQLU7IDN N0. 103-1975 APPROVAL OF GRADE AGREEMENT The Public Works_Director explained the total cost of the project to be $352,000 with the City's share being $66,898 with $29,500 of this for the signal in the area of the Georgetown Apartments. The Public Works Director said it would be in order to approve the agreement and adopt the resolution. The City Manager pointed out that this matter had been through the necessary process - and hearings. Councilman Fi��patrick said he and Councilwoman Kukowski were not on the Council at the time that this had been considered previously. . Mayor Nee asked the Public Works Director to make the plans for the construction in the area available to the Council and audience. Councilman Fitzpatrick asked if the signal would align with the entrance to George- town. The Public Works Director explained that the intersection would be moved 500 . feet to the south to allow distance to gain entrance to"the area. The City Manager questioned the proposed.construction in the Charles Street area. The Public Works Director said Charles Street would have ingress and egress. The City Manager said if �:he Council wished, this could be closed off with egress behind the garages. • Councilman Starwalt asked what the time schedule for the construction of. the improve- n�ent will be. The Public Works Director said the bids would be let in July and the . construction may be completed this season,•but the signal may nat be installed until the coming year. He said the delivery of the signal would be a question. MOTION by Councilman Fitzpatrick to authoi�ize the execution of the agreement for the grade approval with the Anoka County for the construct of East River Road and adopt Resolution No. 103-1975. Seconded by Councilwoman Kukowski. Upon a voice vote, a11 voting aye, Mayor Nee declared the m�tion carried unanimously. CONSIDERATION Of A REQUEST BY SPRIP�GBROOK NATURE CENTER FOUNDATION fOR CITY APPLICATION �OR LAWCON FUNDS FOR iVORTH PARK: " � . Dr. Dan Huff, Naturalist/Resource Coordinator, addressed the Council and explained the request from the Springbrook Nature Center Foundation to be that the City submit an application for LAWCON funding in the amaunt of �53,000 with the City share being $13,402.75. Ne reqaested that this be budgeted for the year 1976 on a reimburable basis. He mentioned the City would have the final say on the develop- ment plans for the area. . Mayor Nee asked Dr. Huff to explain the plan. Dr. Huff said the plan is very general , at this time, but this is all that would be needed for the application for the LAWCON funding. Dr. Huff referred the Council attention to page five of the agenda book where the proposed plan appeared. Fle briefly explained the various areas proposed for improvement and construction ta the Council. Mayar Nee asked if the request cou.ld be submitted with free labor being utilized. Or. Huff said it would be possible to use the free labor,.but he believed this portion of the request should not be deleted at this time because of the possibility of the � request being reduced. He mentioned often tiroes, these requests will be granted for the amount of the materials only. Mayor Nee asked what type of time table was proposed and asked if the project m�y be . begin in the spring of 1976. ��'I � � �. �.-� • . � . � � _-i ' ' REGULAR COUNCIL MEETING OF JULY 7, 1975 2�77 : PAGE 9 Dr. Richard Trezona addressed the Council and said the reason for this requesi: being submitted at this time was because of the amount of time in•which the applicai;ion would have to be submitted for the LAI�JCON funding. He said the application would have to be �done by July 17, 1975 and in order to make this application, 25q of the funding is required from the City of•Fridley matching funds. Mayor Nee asked.when thf�se matching funds wouid be due. 7he City Manager said the Council would have to approve this concept before the application is submitted, but the funds would not hav�� to be supplied untiT the grant is ap�;roved. Councilman Breider said when the City applied for funds for the Islands of Peace he did not believe the City allocated funds for the project. Councilman Breider mentioned he thought they were asking for $30,000. The City 14anager said the City asked for $71,000 and received $30,000. Councilman Breider said he did not think funds were allocated by the City. He mentioned this was not placed in the budget. The Finance Director, Mr. Marvin C. Brunsell, said the City set up a specific fund, He mentioned the same thing was done with the application for'funds for North Park when the original appiication for funding was submitted, He said the City borrowed money from another fund to buy the land. Councilman Breider said he was talking about the money used for the.purchase of the two lots for the Islands Of Peace and said the City did not place this in the budget. The Finance Director said this is a matter of how this type of thing is worded. He commented that the City had to make the same guarantee for matching funds in this application for the Islands of •Peace. He said it was done although not through the budget process. The Finance Director said the same thing was done whether or not it was in the budget or not: Councilman Starwa7t questioned the proposed procedure. He said the Islands of Peace had to come up with the 25%. Councilman Starwalt recalled that when the nature center proposal was introduced to the pubiic, it was ind�cated that no money would t�e coming from the City, period. The City Manager said if the grant is approved and the City accepts the grant, the 25� would have to be paid. Ne mentioned that if the I;ity did not want to accept the grant, this would be possible at that time. He said the ��greement would be between the City of fridley and the Foundation for the reimbursement of the City's share. He mentioned in the original agreement the foundation was to reimburse the City for any services. Councilman Breider commented that if the City applies for the funding and the funds are � not avaiiable from the Foundation, the City wou]d turn dos�n the grant, and he questioned if this statement would be correct. The City Manager said the money would be available in the General fund to pay the fourth in matching funds for this app7ication. He said � this money would be reimbursed and the only City expense would be staff time to prepare the application. The City Manager said a fund coald be set up and this would be the � same thing that was done when the land was purchased. Coancilman Breider said at that time, the land was eonsidered pu6lic land. He questioned if it would be possible to get a committment from the Foundation that they come up with the 25q. The Finance Director said this could be done at the time of budgeting. The City Manager said this could be shown as a rece�vable in the budget. Councilman Breider said this was his understanding. He said he would not want the money set up and hid in the ut:ility fund. Councilman Starwalt again mentioned that in the case of the Islands of Peace�, they were liable for this funding. Mayor Nee said this was changed and the City became responsible to Mr. Minder for the payment for the property. Councilman Fitzpatrick askE�d if it could be set up that the funds would be reimbursed for the matching funds. Dr. Trezona mentioned that any services performed by the City under the agreement for N�>rth Park . would have to be reimbursed. He said another part of that agreement was th��t the City would make application for public funding such as the LAWCO�V funding. Councilman . Starwalt commented that some of the members of the Council are being raked ��ver the coals and mentioned that the people had voted in favor of the nature center because they had 'promised that this would not take any tax dollars. Councilman Starwalt asked how much money has been collected by private contribution at this time. Dr. Trezona ' answered not any. He said the project was held up for one year and �the economy shot out from underneath them. Councilman Starwalt said he had heard that this type of thing was not being heid up by the economy. Dr. Trezona explained that if there are funds, they had not made any ap��lication for them because their detailed plans for the . area are not complete at this time. ,_- �- i \ 0 .i r 27� . � . REGULAR COUNCIL MEETING OF JULY 7, 1975 PAGE 10 Mr. Robert Erickson, 565 57th Avenue, said he was quite distrubed about the•whole thing. He said at the time of the election when North Park was voted on, it was indicated that the nature center would be developed with no cost to the City. He asked how much money had been given to the City for the services to the Foundation to date. Dr. Trezona said the Foundation had r�ot received any bills from the City to date. Dr. Trezona said the Foundation has �II00 in its treasury. He said this is � no great amount of money. Dr. Huff said no services have been perfiormed by the City for the Foundation up to this time. Mr. Erickson mentioned that the property is City property and it would have to be cleaned up and maintained just as other City park property is. t�lr: Erickson again stated he would like to voice disapproval of 1;he proposal. Ne said he had heard during the campaigns that the development of North Park would be at no cost to the taxpayers. He mentioned he felt this would have been denied by the voters if it were to have been at the taxpayers expense. �- Mayor Nee asked if it would be possible for the City to receive a note from the Foundation indicating that this money ��rould be rein.-ursed. Dr. Trezona said this is something that would have to be approved by the Foundation, he could not say at the present meeting. He said the application would have to be submitted by the 19th - of July and this would have to be resolved by that time. fle'mentioned when the complete, plan statiny �vho ivo�rld do what and what is to be done is completed, they would apply to other sources. � ' Councilman Starwalt mentioned the letter written to the City concerning this request ' �. and referred the Council's attention to paragraph three and said the City would have F to make a firm commitment for the matchi,ng funds in this application. He said the � agreement with the Islands of Peace making them 9iable for the reimbursement worked � out very well. He said the agreement or letter does not say that if the City would ` have .to make a firm commitment for the matching funds in this application. He said t the agreement wi�h the Islands of Peace making them liable for the reimbursement s worked out very we17. Ne said the ayreement or letter does not say that if the � _ City cioes not pay the money it could be turned down. Ne questioned going ahead with. _ • this type of development �ahen it had not been•determined what wouid be done in �� North Park. Councilman Starwalt said he had thought that many people were ready ti and willing to commit the money for this deve.lopment. He said the people should be R ' able �o lay their money on the line for this type of development. Ne said he was � disappointed that money had not been contributed by other private concerns. He > � mentioned the first funding was being received through and by the City. Dr. Trezona said before any private money is requested, the members of the Foundation should be � able to answer any questions put to them concerning the plans for the development. ¢ Councilman Breider said if the money could be showed in the budget as a receivable, and put in trie other end as an expenditure would this be feasible. Mr. Brunsell said this would not have to be 1:aken from the general.fund. The City Manager said if the Council did not want this to be from local tax money, this eould be taken care of . Councilman Breid�r said he would like it to be in a fashion so that it does not �hange the mil] levy. He said at this time, this has become a political judgement on the part of the Council. The City Manager said the matter would have to be brought back .. to the Council before the expenditure is made ta show the Council what is being done and th�t no local tax maney is beirg spent. • Mr. Curtis Johnson, 1312 North Innsburck, mentioned that the Council had just voted to spend man�� times this much on another item. He questioned how this consideration had become so involved. P4r. Johnson mentioned he ��7as a representative of Grace High School and they had been unable to obtain any funding in the current-year. He mentioned th2y had felt that they had hurt their chances for future-funding by seeking it at the present time. He commented he �n�ished they had waited and commended the Foundation for not requesting private grants. Mayor Nee said he agreed with Mr. Joiinson's comnents. ' ' ' � � I ' � � , , � ' ' , � I � ' � I � 1 �._.__..... . . . . _" . _.. _..._ ... .. .. ___. . . . ... . . ,........ .._.._.. . i . 27y REGULAR COUNCIL MEETING OF JULY 7, 1975 ' PAGE 11 Mr. Nick Garaffa said he believed the matter should be put into perspective. He mentioned the golf course proposal was to be handled through public bonds for the period of 20 years with the hope that there would be a profit made to take care of this financing. He said they were not talking about $13,Q00 that was going to be paid back to the City. I�e said this is not the same type of funds that was talked about previously and no City of Fridley funds would be spent. Ne questioned how long it would be before the Springbrook Nature Center Foundation would be able to do the things that they had set out to do. He mentioned with the contribution of' LAWCON funds, it would make it easier to obtain funding from other sources ancl he also mentioned that the LAWCON funds would not be available to a Foundation tliat does have other funds available. He said this is a reasonable request and thf� Council should not object because this is what the public voted for and what �the City had agreed to do for tYie foundation. Mayor Nee said he thought any discussion on this matter wou]d be concerning the plans. Mr. Erickson saic' this is part of the reason he wanted to say something about. the matter. He repEaLed that the promise taas that this would noi cost the tax p��yers one penny. He said he had paid enough in assessments and he felt that the Fc�undation shou7d prove they arecred9tableand have the money before the City would mak� application. He said he thought the golf course proposal 4das a good one bec��use it would have brought money into the City. Mr. Bob Schroer, 490 Rice Creek Boulevard addressed the Counci7 and said he was on the loosin9 side of this issue. Ne said he knows how hard it is to get into business �and to stay in business. He said he had to agree with Mr. Erickson in some instances. He said he did not feel that the payment of the money should be guaranteed t�y the City but he thowght it.was abo�t time that the Foundation would get at the tiusiness that they had intended to do. He said he would l.ike to see the City Counci"I take action �o get them going. Mr. Ken Bureau, 5630 W. Danube, suggested allowing the Foundation one year's time to raise the $13,000 and after this if it is not done, their credibility would be lost. . Mayor Nee said .he thought the proposal to be very purdent fo'r the first stage and he thought this would get.them off ihe ground very wel]• Councilman Fitzpatrick sa_id he agreed and he thought this would make the park more and more useable. ` Mayor Nee said what was before the Council was whether or not to submit the application for funding. He said the concern af the finances could be taken care of at budget time. He said if the Foundation does not raise the money, the City Counci7 would have the prerogative to not aECept the grant. Councilwoman Kukowski said the Council had placed tneir trust in the Foundation for th'e period of five years. . MOTION by Councilwoman Kukowski to approve the request for the application for LAWCON funding for North'Park. Seconded by Councilman Fitzpatrick. Councilman Breider saidonference�meetinq'of000eeCouncijuretshadlbeen discussed that mentioned at the last c there may be tennis courts provided in Ward I.. He sa�d he would not want to give up any type of recreational facilities in order to produce the funding for tfiis matching funds request. Councilman Fitzpatrick said as the seconder of t:he motion he would like to accept the offer of the Springbrook Nature Center Foundatinn in good faith. He said he would like them to make every ef�ovedtorrobtained,the funds or come up with the funds when and if the grant is app Mayor Nee asked if the grant would be made the coming summer if it is approved. • Dr Huff said yes. � _ � � i , Councilman Fitzpatrick said his action is predicated on the feelings of the people of the City of Fridiey who had decided hy felttthisewasatFe�firstastephinithat direction. deve•loped as a Nature Center. He sa� e 0 i � ' 1 . .'1 _... 4 '. � � � 280 REGULAR COUNCIL MEETING OF JULY 7, 1975 � PAGE 12 Councilman Breider said he would agree with this as long as there is no cost to the tax payers of the City. Councilman Breider said he a�ould not want to see something else bumped from the budget. Councilman Fitzpatrick said the City has already pledged mutual trust in its agree- ment with the Foundation. Councilwoman Kukowski said there is no way that she would want to see tax money going into the Nature Center. She said she would fight seeing anything bumped from the budget because of this. She mentioned they should have faith in the Foundation. Councilman Breider said if he were to borrow money, he would require a note. Councilwoman Kukowski said the big thing right now would be to submit the application. Councilman Starwalt said he thoughtthis was a'good plan. He mentioned everything Qr. Huff has turned out is valid and workable. � Councilman Starwalt continued to comment on the past election indicating he did not believe the turnout was as large as it could have been and many people had not expressed their opinion. He said he fe1t the people of the City voted in favor of the Nature Center because it was to have been deve]oped at no cos� to the tax payers. He continued to voice his dissappointment that the request had come before the City before any other funding for the project had been obtained. The City P�anager said the plan is a conceptual thing. He referred the Council's attention to the fencing to be used and said it is the split cedar rail type. He mentioned this is a less expensive type than the chain link, but he believed it to be more rustic and suitable for this type of facility. . Mayor Nee said it wouTd keep out the motor vehicles. The City I�anager said it might not provide satisfactory security. Mayor Nee said the budget matter on this item could be taken care of during the budget proceedings. Councilman Starwalt said he would like this to be taken care of at the present time. Courrcilman Breider said it could be considered taken care of because he wou7d not consider the item if it were to be a budget expense and something would be taken out of the budget. Mayor Nee said this. would take four votes. The City Manager said it would have to appear in the application how the funding would be obtained. He explained this to be a long form w�th details needed for this kind � of funding. , UPON A VOICE VOTE, all voting aye, Mayor Nee declared the motion carried unanimously. Dr. Huff said the funds would have to be guaranteed by the City. Ne mentioned the City should require a note from the Foundation or the LAWCON Application would be thrown out the window. Mayor Nee said the City cou7d bill the Foundation for this amount without a note in 197b. � • . Mr. Ken Sporre, 301 Ironton St. N.E., addressed the Council asked if anyone on tMe Council knew where LAWCON funding carne from. He mentioned that this is from funds obtained by the issuance of park stickers, fishing and game licenses. He mentioned the only way the funds could be used is to protect our conservational aspects. Mayor Nee commented that much of the money comes from cigarette taxes. Councilman Starwalt asked where the Federal money comes from. Mrs. Lee Ann Sporre answered that this comes from purchases of National Park Stickers, etc. She said this money is earmarked for consE�rvation purposes. Dr. Trezona thanked the members of the Council for their consideration. _ � _ _ __ _ . _ 0 � � r � I81. REGULAR COUNCIL MEETING OF JULY 7, 7975 PAGE 13 RECEIVING REPORT REGARDING DEBRIS ON VACANT LOTS IN NORTH INNSBRUCK: ' The Public Works Director said this item concerned il]ega7 dumping being 9one in the North Innsbruck area. He explained that P�r. Steve Olson, Environmental Official> had met with the property owners of the area and they had conducted,some research and prepared a survey of the property where there is some problems. He said they ' had also tried to determine who owned the property and where the debris is coming from. He pointed out at the meeting with the property owners of the area, North Innsbruck, Home Owners Association, they had come up with action for a solution to the prob]ems. Mr. Sobiech read the recommended action to the Council and audience and briefly explained the nine areas of possible action. � Mr. �en Bureau, addressed the Counci] and said the only point of disagreement would be over whether or not the fill of asphalt chunks and concrete are considered fill or refuse. He said he had discussed this with the Inspection Department. He mentioned many lots are filled with this type of material along with othe:r types of material and the future property owner has problems with maintenance of the areas. He added, if this type of material is not considered ciean fiTl, it should be deposited in the.proper 7andfill areas.. The Public Works Director said the County had been contacted on this mati:er and they had determined that clean f�ll was lim�ted to sand, rocks, and bolders. He safd this type of dumping would'have ta be done according ta:the ordinances in the future. A question was raised that if the Innsbr.uck area is posied as to indicate no dumping. � in this specific area, this could create problems with dumping in other ��arts of the City. Mr. Bureau said he felt a sign that would indicate there is n�� dumping in ` the City of Fridley would be better. The Public Works Director said the dur�ping procedures would be covered by a permit which would call for a inspection of the area after the dumping is completed to determine if the area is properly restored and covered. MOTION by Councilman Starwalt to approve the recommendation of the Administration in the concern of debris in North Tnnsbruck. Seconded by Councilman Fitzpatrick. Uporr a voice vote, all voting aye, Mayor Nee declar.ed the motion carried unanimously. CONSIDERATION OF A J9UTUAL AID AGREEMENT FOR FIRE AND PQLICE BETWEEN CITY OF fRIDLEY AND THE CITY OF NEW aRIGHTON: The Public Safety Director said he had talked to the City Manager of the City of New Brighton and this had been recommended by the New Brighton City Council. Mr. Hill mentioned that the City of Fridley does often respond to the New Brighton cai7s and this wou�d be a responsible action to a7leviate the possible liability by this mutual aid agreement. The Public Safety Director said he believed thet'e to be a bE�nefit to the City of Fridley. . MOTION by Councilman Breider to authorize execution of the mutal aid agreement for Fire and Police between the City of Fridley and the City of New Brighton. Seconded by Councilman Starwa7t. Upon a voice vote, all voting aye, Mayor Nee d��clared the motion carried unanimously. CONSIDERATION OF ACCEPTING U. S. ARMY HOWITZER FOR EISEHOWER SQUAR�: Councilman Breider said according to the description of the Howitzer, it is a very � large one. , Mayor Nee mentioned if it were in the community it would be the responsibility .of the City to take care of it. He recailed that the City had an airplane that was under this type of arrangement and it got'in bad shape. •. Councilman Fitzpatrick asked what would happen if one of the tires got flat. . _, 0 u e � LOL REGULAR COUNCIL MEE7ING OF 3ULY 7, 1975 PAGE 14 The City Manager said when the item had been requested, it was on a much smaller level. He said it would cost $1,000 in shipping costs to get it to the City. He mentioned there may be some problems with childr•en climbing on the Howitzer. Mayor Nee recalled that many youngsters were injured on the airplane. Councilman Fitzpatrick said the Nowitzer is very big for Eisenhower Square. Mayor Nee said he thought this would cause a lot of problems. Councilman Breider said this was not the proper size Howitzer for this area. _ Ms. Joan McLaughlin, 728 63rd Avenue N.E., addressed the Council and said she would hate to see a cannon for the children of the City to play on rather than some recreational or playground equipment, She suggested this money be placed in recreational equipment which would be mentally healthier and more comfortable for young people to use. - MOTION by Councilman Breider to decline the offer of the Howitzer and ask the U. S. Armv if a smaller model may be available. Seconded by Councilman Fitzpatrick. Councilman Br ider asked the City l�anager to write a letter asking for a smaller size - cannon. Councilman 6reider said he thought a two a�heel cannon may be more appropriate. Mayor Nee said one with a short tail. � RESOLUTION N0. 84-1975 - ORDEP,ING IP1PR�VEMENT, APPROVAL OF PLANS AND ADVERTISEMENT FOR BIDS: STREE7 IMPROVEMENT PROJECT ST. 1975-103 OVERLAY : The Public Works Uirector said the streets shown on the map on paqe 14 of the agenda were proposed for overlay by the resolution. He said the engineering estimate for this is $70,530.00. Mayor Nee asked if Capital Street could be added. The City Manager said it could not. He explained that the streets that would have overlay installed are streets installed to a certain standard and when they begin to need repair �he overlay is installed. Mayor Nee asked if this policy is written down and documented in some place. The City Manager said this would be in the minutes of the Council meetings. Ne said they had discussed this before. He said t�is is usually done by the seal coating process, but when the seal coating will no longer take care of the problems, the overlay is used. Mayor idee asked how thick the overlay is. The Public Works Director answered that"this would be about one and a half inches thick. He said this would be in line with maintenance of a normaT street. He said the cost of the overlay is from $4�to $5, per foot and the installation of the complete roadway would currently run to $35.00 per foot. The City.Manager said less then 8% of the ` City's streets are below standard. MOTION by Cour�cilman Starwalt to adopt Resolution No. 84-1975 ordering improvement approval of plans and advertising for bids: Street Improvement Project ST. 1975-10B (overlay}. Seconded by Councilman Breider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimous7y. Mayor Nee said he wo�ld like to see this policy on paper so he would know what to tell the people. " � RESOLUTIOU N0. 85-1�75 - ADOPTING A BIY.EWP,Y/WALKWAY SYSTfM PLAN FOR THE CITY OF FRIDLEY: �� Mayor Nee said he thought there should be an effort made to follow East River Road with the 6ikeway system. He said the people will ride up East River Road anyway. Councilman Fitzpatrick said they had tried•�o take the bikeway away from East River Road. Mayor Nee said he didn't think anyone wou7d use the bikeway as proposed for the area. He thought the system should be constructed where the people will use it. The City Dlanager said he thought that it would be unrealistic to say that the system would be initiated by City funds. He said he hoped it would be,funded by grants, etc. n - 0 �: 3 1 =i % � 1 � � REGULAR COUNCIL MEETING OF JULY 7, 1975 I II � I " PAGE 15 • • Mayor Nee said if the bikeway is not included in the proper area it would not apply. � The Ciiy Manager said the question would be to discourage bike riding on East River Road rather than incourage it. He continued that the basic concept of the plan was to take the bike traffic away from the road like East River Road. Councilman Starwalt said.he agreed with the overall concept. He sa�d many� peop7e � had put in a great deal of time on the plan. He said they would be the first ones to agr�e that there may be some changes in the plan. � I1 i� � � � � �� ' L� r ' � � Councilman Breider said he thought the Council should get this plan startErd. He mentioned he did not think the City would ever come up with a perfect plari. The Public Works Director said he would recot�nend the insiallaiion of the pilot system to see how the residents will receive the plan. Mayor Nee said he thought it was a good plan. MOTION by Councilman Breider to adopt Resolution No. 85-1975, adopting a Bikeway/ Walkway plan for the City of Fridley. Seconded by Councilwoman•Kukowski. Upon a voice vote> all voting aye, Mayor Nee declared the motion carried unanimously. RESOLUTION N0. 86-1975 - DIREC7ING PREPARATION OF ASSESSMENT ROLL FOR SANITARY SE�ER, WATER AhD STORM1T SE4dER IP4PROVEP1ENT PROJECT �d0. 116: MOTION by Councilman Breider to adopt Resolution No. 86-1975. Seconded by Council- woman Kukowski. Upon a voice votQ, all voting aye, Mayor Nee declared the motion carried unanimousiy. _ RESOLUTION N0. 87-1975 - DIREC7ING PUBLICATION OF HEARTNG ON PROPOSED ASSESSMENT ROLL FOR SANITARY SEIJER, WATER A�VD STORP4 SEWER IMPROVEh1ENT PROJECT N0. 716: MOTION by Councilwoman Kukowski to adopt Resolution No. 87-1975. SecondE�d by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. � RESOLUTION N0. 88-1975 - AUTHORIZING AND DIRECTING THE COMBIPJING OF SPECIAL ASSESS- MENTS ON LOT 4, PARCEL 40 AND LOT 5, PARCEL 50, BLOCK 1; OAK GROVE ADDITION: MQTIQN by Councilman Breider to adopt Resolution tdo. 88-1975. Seconded by Council- woman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. . ' RESOLl1TION N0. 89-1975 - AUTHORIZING AND DIRECTING 7HE COMBINING OF SPECIAL ASSESS- MENTS Ofd LOT 10> PARCEL 100, COT,11, PARCEL 110, BLOCK 1, OAK GROVE ADDITION: MOTION by Counciiman Qreider to adopt Resolution No. 89-1975. Seconded by Council- woman Kuko�vski. Upon a voice vote, all voting aye, Mayor Nee declared t:he motion carried unanimously. RESOLUTION N0. 90-1975 - AUTHORIZING AND DIRECTING THE COME'tING OF SPECII�L ASSESSMENTS I3N LOT 12 PARCEL 120 AND LOT 13 PARCEL 130 BLOCK 1; OAK GROVE ADDITION: • MOTION by Councilman Breider to ad�pt Resolution No. 90-1975. Seconded by Council- woman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. RESOLUTION N0. 91-1975 - AUTHORIZING AND DIRECTING THE COMBINING OF SPECIAL ASSESS- � MENTS ON LOT 14, PARCEL 290 AND LOT 15, PARCEL 300,'BLOCK 2, OAK GROVE ADDITION: MOTION by Councilman Breider to adopt Resolution No. 91-1975. Seconded by Council- woman Kukowski. Upon a voice vote, al7 vot9ng aye, Mayor Nee declared the motion carried unanimously. RESOLUTION N0. 92-1975 - AUTHORIZING AND DIRECTING TNE COMBINING Of SPE:CIAL ASSESS- MENTS ON LOT 9, PARCEL 540 AND LOT 10, PARCEL 550, SLOCK 3, OAK GROVE F�DDITION: •MOTION by Councilman areider to adopt Resolution No. 92-1975. Secondecl by Council- woman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. - . , . � 2�� REGULAR COUNCIL MEETING OF JULY 7, 1975 PAGE 16 RESOLUTION PlO. 93-1975 - AUTHORIZIfdG AND DIRECTING THE COMBINING OF SPECIAL ASSESS- MENTS ON SOUTH 9' OF LOT l, PARCEL 355, AfdD NORTH 77' OR LOT 2 PARCEL 400, BLOCK 2, RIVE.RWOOD P1ANOR ADDITIOPJ: e MOTION by Councilman Breider to adopt Resolution No. 9�-1975. Seconded by Council- woman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. ' RESOLUTIOi� N0. 94-1975_- AUTHORIZING AND DIRECTING THE COME3ININ6 OF SPECTAL ASSESS- __ _ . _—_ ..�� ...- ..w....r� �-ir n�in Il1T 7G �,�—` � MOTION BY Councilman Breider to adopt Resolution No. 94-1975. Seconded by Council- woman Kukowski. Upon a voice vote, a11 voting aye, Mayor Nee declared the motion carried unanimously. • RESOLUTION N0. 95-1975 - AUTHORIZING AND DIRECTING THE COMQINING OF SPECIAL ASSESS- t4ENTS OPd LOT 13, PARCEL 62�J, LOT 14, PARCEL 625, LOT l� (�fdD 16, PARCEL 635 AiVD E. 12' OF LOT 17, PARCEL 640; BLOCK D, RIVERVIEW HEIGHTS ADDIi:ON: MOTIOiV by Councilman Breider to adopt Resolution No. 94-1975. Seconded by Council- woman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. • RIVERVIEW HEIGHTS ADDI1lUi�i: MOTION by Councilman Breider to adopt Resolution No. 96-1975. Seconded by Council- woman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. . , RESOLUTION N0. 97-1975 - AUTHORIZING AND DIRECTING THE COh1BIS�IPiG OP SPECIAL ASSESS- ___. '__ ..... �. .,nr.nr� nnr nnin � n�r CC Dll❑ MOTION by Councilman Breider to adopt Resolution No. 97-1975. Seconded by Council- woman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. MOTION by Councilman Breider to adopt Resolution No. 98=1975. Seconded by Council- woman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declar�d the motion carried unanimously. RFStlLl1TI0N N0. 99-1975 - AUTHORIZING AND DIRECTING THE COMBINI4dG OF SPECIAL ASSESS- � -- -- '-_.- ..... �..-,-.- �� n.i�-n� �nnnrn �InQG MOTION by Couricilman areider to adopt Resolution No. 99-1975. Seconded b,y Council- woman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. HE�IGNTS ADDITIOPd: MOTION by Councilman Breider to adopt Resolution No. 100-1975. Seconded by Council- woman Kukowski. Upon a voice vote, all voting aye, P�ayor Nee declared the motion carried unanimously. ' RESOLUTION N0. 101-1975 - AUTNORIZING AND^DIRECTINGATHE COM67NINGnOc'SP��ALRAnrKSF K1VtKVltw nCiuni� ruu,�.v�.. MOTION by Councilman Breider to adopt Resolution No. 101-1975. Seconded by Council- woman Kukowski. Upon a,voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. �. k � r t � � € _ � i � , � � �� '�r'� . i `?:85 REGULAR COUNCIL MEETING OF JULY 7, 1975 • PAGE 17 RESOLUTION N0. 102-1975 - AUTHORIZING AND DIRECTING THE COMBINING OF SPECIAL ASSESS- MENTS OF LOT 44, PARCEL 1370 LQT 45, PARCEL 1375 AND LOTS 46 AND 47 PARCEL 1385 BLOCK F, RIVERVIEId HIEGHTS ADDITION: MOTION by Councilman 8reider to adopt Resolution No. 102-7975. Seconded by Council- � woman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. APPOINTMENT: CITY EMPLOYEE: NAME POSITION SALARY EFFECTIVE DATE. REPLACES Jill R. McInnes Police Service $702 June 30, ]975 Steven Eggert 5207 Brighton Lane Technician per New Brighton, MN Month 55112 MOTION by Coun�ilman Breider to appoint Jill McInnes as Poiice Service Te�;hnician effective June 30, 1975. Seconded by Councilwoman Kukowski. Upon a voic�� vote, all voting aye, Mayor P�ee declared the motion carried unanimously. , LICENSES: TYPE OF LICENSE BY APPROVED 8Y FEE CIGARETTE ' Cub, Inc. E.R, Thuseson Public Safety Director $ 12.00 250 Osborne Road Ground Round Fred Dohlin Public Safety Director 12.00 5277 Gentral Avenue Moore Lake Union 76 Lee Haugen Public Safety Director 12.0(► . 5695 Hackmann Avenue Skywood Cleaners Frank Casale Public Safety birector 12.00 5251 Central Avenue • f00D ESTABLISHMENT ' , ' • Totino's Finer Foods Loren R. Bogen Health Inspector 25.0� 7350 Commerce Lane N.E. SERVICE STATION • Dick's North Star Richard Hennessey Health Inspector 30.00 4040 Marshall Street Moore Lake Union .76 Lee Haugen Health Inspector 30.00 . 5695 Hackm�nn Avenue VENDING MACHINES . \ Assurance Manufacturing Mary L. Hebert Health Inspector 15.00 • 7753 Beech Street • Moore Lake Unian 76 Lee Haugen , Health Inspector 15.f)0 5645 Hackmann Avenue • Powdour Pouf Beauty Sandra Benett Health Inspector 15.�D0 5251 University Avenue Skywood Cleaners Frank Casale Health Inspector 30.00 5251 Central Avenue - , ` �: � � Z8� . • REGULAR COUNCIL MEETING, JULY 7, i975 LICENSES: , TYPE OF LICENSE APPROVED QY BLACKTOPPING � � ABC Blacktop 1308 Main Street N.E. 1' MN 55413 by• James Turpin D. Clark ,�� Minneapo as, GENERAL CONTRACTORS Coordinate Products Co. 1201 - 40th Ave. PJ.E. ' Columbia Heights, MN by: Kenneth Junker. D. Clark Custom Pools 701 E. Excelsior Ave. Hopkins, MN 55343 by: Harold Grotte D. Clark Duevel Construction Co. . , 9307 5th St. N.E. ° Minneapolis, MN 55434 by: Hank Duevel . D. Clark Floodmaster Engr. Corp. 1545 Selby Avenue St. Paul, MN 55104 by: Wm. B. Fields D. Clark Garage World ' 3947 Excelsior B1vd. • Minneapolis, MN by: Roy Caples D: Clark Giertsen Company 2840 Chicago f�ve. So. Minneapolis, ��1N by: R.I. Giertsen D. Clark Lovering Ass�ciates, Inc. � 555 Wabasha St St. Paul, MN 55102 by: Dale F. Vogt D. Clark � North Central 6uilders � 7401 42nd Ave. No. Minneapo9is, MN 55427 by: Edward Patterson D. Clark. Bill 0'Connell 3731 14th Ave. So. Minneapolis, MN 55407 by: B�11 0`Connell D. Clark Vern Reynolds Constr. 3}lg Soone Ave. No. � New Hope, MN 55427 by: Vern Reynolds D. Clark . HEATING - � • Suburban Heating & Air Cond: 2050.White Bear Ave. St. Paul, MN 55109 by: Ernest A. Johnson Bill Sandin GENERAL CONTRACTORS � Aquarius Swirn Pool Co. � 16900 Cedar Ave So. � Rosemount, MN 55068 by: Maynard Nichelson D. C'lark MASON R1' Gjerstad Masonry � 6331 Drooklyn Drive Minneapolis, MN 55430 by: Luverne Gjerstad D. Clark PAGE 78 NEW NEW RENEWAL RENEWAL RENEWAL HEW NEW � NEW NEW NEW NEW RENEWAL RENEWAL RENEWAL ' � � . � ' � � ' ' ,� ' _ t �I�� Zg7 REGULAR C011NCIL MEETING, JULY 7, 1975 PAGE 19 MOTION by Councilman 6reider to approve the Ticenses. Seconded by Councilwoman • Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. CLAIMS: • . GENERAL AND LIQUOR 10301 - 10626 MOTION by Councilman Starwalt to approve the claims. Seconded by Counci7woman � Kukow�ki. Upon a voice vote, all voting aye, Mayor Nee declared the mot-ion carried . unanimously. ESTIMATES: . Comstock & Davis, Inc. 1446 County Road "J° • Minneapolis, Minnesota 55432 • For the furnishing of resident inspecti n and resident supervision for the stak.ing out of the construction work for the fol7ow�ng: PARTIAL Estimate #18 for Sanitary Sewer, Water & Storm Sewer Improve- ' , ment Project No.- 114 from May 26 through June 7, 1975 $ 276.71 . PARTIAL Estimate #6 for Sanitary Sewer Improvement Project No. 113 from April 26 through June 7, 1475 $ 600.38 MOTION by Councilman Breider to approve the estimates. Seconded by Couricilwoman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the moi;ion carried unanimously. . , COMMUNICATIONS: INFORMATION SYSTEMS MANAGER: COMMEND EMPLOYEES: MOTION by Councilman Qreider to receive the communication from Mr. Phillip C. Ailison, Information Systems Manager, dated June 26, 1975. Seconded by Councilw�man Kukowski. The Finance Director said if there is a system failure, Hennepin County deducts the amount of time for overtime for the employees and credits the City at the next bi]7ing. , UPON A VOICE VOTE, ALL VOTING AYE, Mayor Nee declare� the motion carried unanimously. WEISS, TONER, MARTINSON, HOTZE: STABLE RIVER BANK: MOTION by Councilman Breider to receive the communication from Weiss, 1'oner, Martinson, Hotze dated June 20, 1975. Seconded by Councilwoman Kukowski. Upon a voice vote> all voting aye, Mayor Nee declared the motion carried unan�imously. FRIDLEY JAY�CEES: SOF7QALL TOURNAMENT: • t MOTION by Councilman Starwalt to receive the communication from the Fridley Jaycees Richard Young, dated June 17, 1975 and granting their request. Seconded by Council- � woman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. . FRIDLEY 49'ERS: COMMENDIN6 CITY EMPLOYEES AND VOLUNTEERS: MOTION by Councilman Fitzpatrick to receive the communication from Mr. Ed Dunn, Fridley 49'ers, dated �uly 2, 1975. Seconded by Counc�lrrtan Breider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 0 :. � n �� g8 REGULAR COUNCIL MEETING, JULY 7, 1975 � FRIDLEY CHAMBER OF COMMERCE: COMMENDIfJG FIRE DEPARTMENT: PAGE 20 M07ION by Councilman Breider to receive the communication from the Fridley Chamber of Commerce dated July 1, 1975. Seconded by Councilwoman Kukowski. Upon a voice vote, all voting.aye, Mayor Nee declared.the motion carried unanimously. DERATION OF A RE UEST FOR EXTENSION OF TIME FOR RESERVING LI UOR LIC ALITERh1AN FOR KING'S CHALET, INC. TABLED 6-16-75 Tabled earlier in ng: Mr. Jim Casserly, representing Mr. Sa7iterman addressed the Council and explained the request. He said he would like the Council to extend the time period to February, 1976 or for six months. Councilman Starwait said he had hoped Mr. Saliterman would be present. tdr. Casserly said it was his understanding that Mr. Saliterman did not have to be present. Councilman Sta�walt asked P4r. Casserly what progress had been made in the establish- ment of the liquor faciliiy in the City. P�r. Casserly said he was not aw��re of the current status of this. • Councilman Starwalt questioned if there had been any progress in the clean up activities after the recent storm. The City Manager informed the Council that the area had been cleaned up. Some discussion concerning the facility followed with Mr. Casserly requesting the item be tabled unti7 he was able to gain more infomration on the status of the liquor establishment plans. MOTION by Councilman Starwalt i:o table the matter of the request for the extension for the liquor reservation as requested by Mr. Max Saliterman for July 21, 1975. Seconded by Councilwoman Kukowski. Upon a voice vote, all voting aye, Mayor Nee _ declared the motion carried unanimously. ERATION OF FIRST READI FOR REZONING REQUEST BY RICHARD MOTTON by Councilman Breider to receive the statement written by F�layor Nee regarding the Frontier Club Zoning dated July 7, 1975 and on file in the City offices. Seconded by Councilman Starwalt. .Upon a voice vot.e, al.l voting aye, Mayor Nee declared the motion carried unanimously. • Councilman Starwalt said some time back there was some discussion that the rezoning be handled separately from the application for the liquor license. He said he felt that this should be considered as two distinctly separate items. He said if the property were to be rezoned, it would comply with the current use of the property. ' Councilman Starwalt referred to Mayor Nee's statement and said there are some good points in it. He said when the City has a liquor facility in this location, the property was :not zoned correctly. He asked why the City did not continue operations at the location. He asked if this was because of .the zoning. Mayor Nee said the Council said this was because they vaere not making any money. Mayor Nee said he had voted to close this City facility because he did not believe this was a good place to have a liquor store. Councilman Fitzpatrick asked if Mayor Nee was aware at that time that the zoning was not correct. Mayor Nee said he was awa're, it was the staff that was not aware of.this fact. Councilman Starwalt 5aid he was at a lose at why not to rezone the parcel to conform with its present use. Mayor Nee said the zonin.g change would not serve the neighbor-� hood. Councilwoman Kukowski said she had lived in that ar°ea for two years and the local businesses in the area closed because they did not have any business. She mentioned the residents of the area are not opposed to the rezoning, because they had not come to the meetings and told the Council about this. � _ _ _ _ _ _ � 0 0 ii ' , ' � � ' � �J � ' > � - ' . )H9 • . . ; REGULAR COUNCIL MEE7ING, JULY 7, 1975 PAGE 21 Counci7man Breider said Mayor Nee's arguments are very good, but he had to agree with Councilwoman Kukowski. He said this area cannot support this sort of local shopping facility. He also mentioned the physical size of the area would also restrict uses, of the other property in the area. . .Councilman Fitzpatrick asked if there is other C-1 area in the neighborhood. Council- man Breider asked the Pub]ic Works Director to show the Council an overlay c�f the area. Counciiman Starwalt said he thought this property should have beE�n C-2 when the City had the liquor establishment on the property. He asked if th�: other liquor establishments in the City are properly zoned. The City Manager said ihis is the only one that does not conform to the zoning. Councilman Starwalt said as he read the minutes of the subcommittee meetings, he thought that this should be rezoned. The City Manager said the Councii could not consider the fact that the property has a non conforming use. He said ihere are many other areas in the City �ahere� there are non conforming uses and if this was the rule therF would be spot zoninq all over the City. Mayor Nee said t.his would create ridiculous zoning all over the City and ' this would be a nonsense argument. . The City Manager asked if there should be some understanding on the part o-F the property owner for improvements on the building if the rezoning is going tu be approved. Mayor Nee said the City had an agreement in 1969 for the compietion of a blacktop parking lot and this has not been done. He voiced the opi:nion that such an agreement �dould be ignored. Councilman Starwalt asked if there is adequate parking and D1ayor Nee said no. Councilman Fitzpatrick said what about the property across the street. Mayor Nee said there were minutes in the agenda which discuss possible plans for building a warehouse on this property. He said the property is not available. Councilman Starwalt said there are many pros and cons. . MOTION by Councilman Starwait to waive the reading and adopt the ordinance for the rezoning request by Mr. Richard Povlitzke. Seconded by Councilwoman Kuko�r�ski for a vote. Upon a roll call vote, Counciiman Breider voting aye, Councilman Starwalt voting aye, Councilman Fitzpatrick voting aye, Mayor Nee voting nay and Council- woman Kukowski vating nay, Mayor Nee declared the motion failed because it did not have a four/fifths vote. ADJOURNMENT: ' MOTION by Counci7woman Kukowski to adjourn the meeting. Seconded by Cour�cilman Starwalt. Upon a voice vote, all voting aye, Mayor Nee deciared the mot�ion carr9ed unanimously, and the Regular P1eeting of the Fridley City Council of,Juiy 7, 1975 • ' adjourned at 70:47 P.M. ' ' ' ' ��. Pat Ranstrom Secretary to the City Council Date Adopted William J. Nee Mayor � � FRIDLEY CIT COUNCIL MEE7ZNG Y '�� / LEASE SIGN NAME ADDRESS AND ITEM NUMBER INTERESTED IN� DATE:'' � � � S II �AME ADDRESS ITEM NUMBER ------------------------------------------------------------------------- -------------------------------------- ------------------------------------------ ___------- �Q � � � � � � > � _ � _ � � .��r►�f.ls�� ,� ��r ' /4/L� / t � K GA 2�a �fi= r� � � ��''�� . �l�-,U �-� �� , , . � ____�_-- .� �� t � � .�i , � � /J�� , � �� / ,.� </'l,l�l �.� � //� / �� 5` � �L • �i; �� /= s � ��,�u� s'' � � ' `� �e .5�,�� 2 � S T� � .� �� i;�a 7t��'��t /�1,rf� �i�s � ��r��/ �'9.v.� ��o�f � - �� ,� �� S� �r��nQ.� S�. N�' �l 9 0 �! �. � �/Z�c; l: � �4/D . 2��,� � �. 1� � y� /�� l � � �� 7�� r� l'� 1 �- /�l� �7.L � � ��-u � k i�,,- s� 3c� � �,� �� ,� � �� _ �: -�� ..�z� � � ��/ � ,� ,�� .� � 1��2 ,� � � ��- ! ' �� / /� � �_ .� �L�, 1( `�-Ca � &� C'�� S - � l� >> � �� F�IDLEY CITY COJ;�CIL _ R�Gi1L,�t��I�ETIi��G , J�J�'� 7, 197� -�:30 P. i�. PLEI�GE OF ALLEGIA��CE: ROLL CALL: PRESEfliTAT I 0,J OF CERT I F I CATES OF APPR� :, I AT I 011; , Hi1MAN ,ATI (dS COMMITTEE KATHER I NE I"�OSS RtiVA V I ZENAR � CAROLYN ROUSE . KAREN PACKER DAN FISH INA PRIEDITIS � RICHARD MEi�GELKOCH ALLAN RUDOLPN LEO+VARD LI ND ARVID HANSEN NARRI ET tiUDRLI K NICOLE i�EE WALT LIZAKOWSKI FRIDLEY NOUSING AND R DEVELnPM�NT COMMISSION STAN CARLSON ' M. �I. P�AHUR I N ' REGULAR �IEETIiJG,� JULY 7, 1�75 .. . PAGE 2 APPROVAL OF f�I �dUTES : REGULAR I�EETI NG, ►`�aY 5,� 1975 . FOARD OF EQUALIZATION I'�EETING, P�IAY S, ��J�S PUBLI C HEAR I NG I�EET I NG, i�IAY 12, 1975 �ONTINUED BOARD OF EQUALIZATION �EETING, MaY 15, 1975 REGULAR MEETING, MAY 19, 1975 ADOPT I O�d OF A�E�dDA : OPEN FORUi,1, -V I S ITORS : CONSIDERATION OF ITEMS NOT ON aGENDA - 15 MINUTES 0 REGl1LAR MtETI;�J�, JULY 7,- 1�75 .. .. .. ... PAGE 3 OLD BUSIVESS: CONSIDERATION OF SECOND RE'�DING OF AN ORDINANCE AMENDIiUG CHAPTER 5Oa OF THE l, I TY COi�E OF THE C I TY OF FR I DLEY - RELATING TO I�ARKS AND PARKWAYS A ND CONSIDERATION OF AIV ORDINANCE AMENDING �HAPTcR 5GI OF THE CITY CODE RELATING TO MUNICIPAL t�ATHTiVG �EACHES� ..�.� 1-1A CONSIDERATION OF SECOND READING OF AN ORDINANCE FOR VACATION �EQUEST BY �ACHINING INC „ SAV �75-�3, TO �ACATE ALLEY �ETWEEN ASHTON AVE(�IUE AND �AILRQAD TRAGKS �ETWEEN LIBERTY STREET AND LONGFELLOW STREET; �.4U LIBERTY STREET .� 2 CONSIDERATION OF SECOiVD READING 0� AN ORDINANCE FOR VACAT I ON REQUEST BY ��iORTH SUBURBAN tiOSP I TAL 1� I STR I CT; SAV #75-t�1 �TO VACATE PART OF �6TH AVENUE; GE(�iERALLY LOCATED i�QRTH AND WEST O� UNITY NOSPITAL. .�.�..... 3 0 6 REGULAR i�EETI�lG, JULY 7, 1975 PAGE, 4 OL� BUSIidESS (CO��TI��iUt1�) CONSIDERATION OF FIRST READING OF AiV ORDINANCE FOR REZOiVING REQUEST BY RICHARD POVLITZKI, �Ui� #%S-O� TO REZONE FROM C-�. TO C-Z; ��b�3 CENTRA�. AV�NUE iJ . E. iTABLED 6/16/75) , , . . . ., , , , , , , , , , , , , , , , , CONSIDERATION OF A REQUEST FOR EXTENSION OF TIME FOR RESERV I NG LI QUOR LI CENSE, 't3Y i�AX SALI TERMAN FOR i�I,NG' S �HALET, �NC, (TAB�Fn 6/16/75),. . . � . t � . . � . � . � . CONSIDERATION OF REQUEST FOR VARIANCE IN FRONT YARD SETBACK BY I'�ARLEN I�iI LLER, %S�O STI NSON bOULEVARD (TAB�En 6/16/75) . . . . . . . . . . . . . . . . . . . . . 4 5-5b 6-6C REGULAR i�IEETI�VG, JULY 7, 1�75 PA�E 5 OLD BUSI`idESS (CO►"`�TI��8l1E�) _ CONSIDERATION OF ��AIVING FEE FOR i�!lSCULAR 1�YSTROPHY �ARNIVAL CTABLED bI16��5) � � � � . � � o . . . . . . � . �� % — � � �`�EW BUSI�IESS: CQNSIDERATION OF REQUEST BY SPRINGBR04K i�ATURE CENTER FOiJNDATION FOR CITY APPLICATION FOR Lf�WCOi'� FUNDS FOt� NORTH PARK � � . . � � . � � . � � � . . . . � , � � � . . . RECEIVING THE I�IINUTES OF TNE PLANNING COMMISSION �f�EETING oF J uNE 25. 1975 . . . . . . . . . . . . .� . . . , . , . . . I.. C. E� GIL3ERT, SP �%S—t��i, �L�A l�IARKET, 5�O%— � 5ZS9 CENTRAL AVENUE ��I . E � �J AfVN I NG COMM I S S I ON RECOP�IMENDAT I �N : �EN I AL �DUNCIL AGTION REQUIRED: �ONSIDERATION OF RECOMMENDATION ' n . �-9R.. 0 REGULAR MEETING, JULY 7, 1975 � PAGE 6 �iEa� BUSI�VESS (COi�dTIi�UED) _ . �PLANNING COMMISSION i�INUTES CONTI��UED) 2. L� �ENSON, SAV #75-�4, Ai�.EY I i� 1�L, 4, $PR I NG BROOK �ARK ADDN. b�ECEIVING i�ETITIOiVS f�J.S � t�lb-1�%� ... _. . _ _. _ _. _ .. _ . �jANNING �OMMISSION RF'��ENDAZION: DENIAL COUNCIL ACTION REQUIRED: SET PUBLIC NEARING FOR Au�us-r 11, 1975 3. RICHARD KOK, SAV #75-�5, EASEMENT, 651� ��ICKINLEY STREET i� � E � PjANNING COMMISSION t�ECOMMENDATION: CONTINUED SOUNG L AGTIO�! REQUIr�ED: j�tONE, AWAIT RECOMMEiVDATION FROM PLANNING COMMISSION 4. M. ��CFARLAND, SAV #75-�6, ALLEY, 9a. 6�TH I�AY i��. �. ei ANN T �vr COMM I SS I ON REGOP�iM'tN�AT I OIV : APPROVAL W I TH STIPULATIONS . __ COUNCIL ACTION REQUIRED: SET PUBLIC NEARING FOR Au�usT ll, 1975 0 � ' �■ REGULAt� MtETIidG, JULY 7, 1�7� __ � PAG� 7 �a fVEW BUSIi`dESS (COidTIiVUEi�) iPLANNING �O(�1MISSION i�INUTES �ONTIiVUED) '� 5. R. �ANKE, L.S. #%�-OZ, 191 Ar�n ZOI RICE CREEK TERRACE , PLANNING COMMISSION RECOMMEfdDATION: APPROVAL COUNGIL ACTION REQUIRED: CoNSIDERATION OF RECOMMENDA- rTION � , � � 6. A� SEGER, L� S�'fF%5-05, �b7O LAKES I DE ROAD I'� � E� PLANNING COMMISSION RECOMMENDATION: APPROVAL � . WITH STIPULATIONS �OUNGIL ACTION REQUIRED: ��ONE, WAIT UNTIL EASEMENT � AND SURVEY RECEIVED BY.STAFF BEFORE COUNCIL � CONSIDERATI4tJ � %. �� $CHROER, �. $. #%�-�4, %alO UNIVERSITY AVENUE �LANNIfVG COMMISSION RF_COMMENllATION: APPROVAL WITH STI PULATIOiVS _ . ... . COUNCIL ACTION REQUIRED: COPJSIDERATION OF RECOMMENDA- TION � , � � . .. . REGULAR f�fEETIPdG, JULY 7. 1�75 _ . _ PAGE � i�EW BUSI;VESS (COidTI��UEi)) _ . . �PLANNING COMMISSION �'�1(VUTES CONTINUED) �� BUILDING PERMITS: PACO �NC., 7791 a�vn 7747 ELM STREET IV � � � __ _ . .- PLANfVII�G COMMISSION RECOMf�IENDATION: CONCt1R WITH STAFF REPOr�T COUNC I L. AGT I ON REQIi I RED : I�ONE CONSIDERATION OF AGREEMEIUT ANll �RADE APPROVAL FORM WITN ANOKA COl1iVTY FOR COiVSTRUCTION OF EAST RIVER ROAD FROM %OO FEET iVORTH OF I. S94 TO IZ5 FEET I�IORTN OF CNARLES STREET. . � � � � � . . . � . � � � • • � � • . IO — 10 G RECEIVING i�EPORT REGARDING DEBRIS ON VACANT LOTS IN ��ORTH I NNSBRUCK � � . . � . � � . . . . . . � . . . . . . . � 11 - 11 G . REGUTAR �IEETI�JG, JULY 7, 1975 � PAGE 9 NE�d BUSI��ESS (COi�TIi�UtJ) . CONSIDERATION OF APPROVAL OF A MUTUAL AID AGREEMENT FOR FIRt A�D POLICE BETWEEN CITY OF FRIDLEY AND CITY OF IVEW BRIGHTON � � . � � � � . � � . � � � � � � � � . � . IZ - .L1 N COiVSIDERATION OF ACCEPTING.U. S. ARMY HOWITZER FOR EI SEtVHOWER SQUARE � . . � � � � � � i � . � � � � i r r � r � �..3 — lj i� _i.ONSID`RATION OF A RESOLUTION ORI�ERING IMPROVEMENT, APPROVAL OF PLANS ANI� ADVERTISING FOR �IDS: STREET � IMPROVEMENT PROJECT ST. 1975-��J1� COVERLAY). � � . � � � . . �� ' -�`� � CONSIDERATION OF A RESOLUTION ADOPTIIVG A BIKEWAY/ WALKWAY SYSTEM PLAN FOR THE CITY OF FRIDLEY. .�....'. 1S - 15 t� 1 6 - PAGE 10 REGULAR ihEETIPJG, JULY 7, 1975 � fJEW EUSICdESS (COirTIiVUE�) � � CONSIDERATIOIV OF A RESOLUTION DIRECTIIJG PREPARATIOiU OF ASSESSMENT ROLL FOR SANITARY SE4VER, �V�ATER AND 16 STORM SEWER IMPROVEMENT PROJECT �`10. 116� � � . � . � � � � �CONSIDERATION OF A RESOLUTION �IRECTING PUBLICATION OF HEARING 0�! PROPOSED ASSESSME�JT ROLL FOR SANITARY SEWER, WATER AND STORM SEWER��MPROVEMENT PROJECT No, 116. . . , , , . ,� , , , , , , , , , , , , , , , , , , 17 CONSIDERATION OF A RESOLUTION AUTNORIZING AND DIRECTING THE COMBINING OF SPECIAL ASSESSMENTS ON LoT 4, PARCEL 4O . A AND LOT S, PARCEL SO, i�LOCK �.. QAK �ROVE ADDITIOfV. .... �.a - l�i REGULAR MEETI��G, JULY 7, 1975 � PAGE 11 � � � idEW Et1SIi�ESS (COirTIi�UtD) � CONSIDERATION.OF A RESOLUTIOi� AUTHORILING AiVD �IRECTING THE COMBINING OF SPECIAL ASSESSMENTS 0,'V LOT IO, PARCEL 1�'t�, LoT 11, PARCEL �.10, BLOCK 1, �AK �ROVE ADDITION ... 19 CONSIUERATION OF A RESOLUTIOiV AUT'riORIZING AfvD I�IRECTING THE COMBINING OF SPECIAL ASSESSMENTS ON Lo-r 12, PARCEL� J.ZO AND LoT 1�, PaRe�� 137, �LOCK i� �AK �ROVE A�DITION� � 2� CONSIDERATION OF A RESOLUTIOf� AUTHORIZING AND I�IRECTING THE COMBINING OF SPECIAL ASSESSMENTS ON.�OT 1�, PARCEL 290 Arvn Lo7 15, PARCEL 300, BLOCK Z, OAK GROVE ADDITION �� 21 ; CONSIDfRATION OF A RESOLUTION AUTHORIZING AND DIRECTING THE COMBINING OF SPECIAL ASSESSMENTS oN LoT 9, PARCEL S4O AND Lo-r 10, PARCEL �50, BLOCK 3, DAK �ROVE aDDITION. .� 22 � � i � . � , � � �� REGULAR MEETI��G, JULY 7, 1975 PAGE 12 fdEW �US I idESS (COi�T I idUt� ) � CONSIDERATION OF A RESOLUTION AUT1-IORIZING AND DIRECTING . THE COMBINING OF SPECIAL ASSESSMENTS ON S� 9` OF LOT l, PARCEL 35S AND I`�� %� OF LOT Z, PARCEL 4OU, �LOCK 2, _. . RIVERWOOD I��ANOR At7DITI0N. . � �� . � � � . � . � . � . . . 23 CONSIDERATION OF A R-ESOLUTION AUTHORIZING AND DIRECTING � �.THE COMBINING OF SPECIAL ASSESSMENTS oN Lo-r 33, PARCEL � 165, LoT 34, PaRC� 170 LoT 35, PARCEL 1�� AND LoT 3b, � PARCEL 1$O, BLOCK A, RIVERV'IEW (�EIGHTS ADDITION . � � . � � � �� , r ,� � 1 ' � CONSIDERATIQfJ OF A RES�LUTION AUTHORIZING AND DIRECTING THE COMBINING OF SPECIAL ASSESSMENTS ON LoT 13, PARCEL 620, Lo-r 14, PaRCE� 625, Lozs 1� AND 16,' PARCEL �3� AND E. I2� OF LoT 17, PARCEL 640, BLOCK l�, RIVERVIEW HEIGHTS ADDITION � . � . � � � � � . . .. . . � � . . . � . CONSIDERATION OF A RESOLUTION AUTHORIZING AND DIRECTING THE COMBINING OF SPECIAL ASSESSMENTS ON Lor 49, PARCEL gOO, LOT 5O, PARCEL SO5 AND LOT.S�, PARCEL ��0, �BLOCK D, RIVERVIEW NEIGNTS ADDITION . � . . . � . , . . . . 24 25 �� 6 REGULAR MEETIiJG, -JULY 7,� 1975 - . . . PAGE 13 � � NEW BUS I NESS (COi�T I idUE�) ' CONSIDERATION OF A RESOLUTION AUTH�RIZING AND DIRECTING . � THE COMBINING OF SPECIAL ASSESSMENTS ON LoT 52, PARCEL �$15, LoT 53, PARCEL 2�ZO, LOT ��, PARCEL bL5 AND Lo-r �5, I PARCEL �30, BLOCK D, RIYERVIEW ii�IGHTS ADDITION. ... �� CONSIDERATIOiV OF A RESOLUTION AUTI-IORIZING AND I�IRECTING THE COMBINING OF SPECIAL ASSESSMENTS ON LOT Z5, PARCEL . 975 aNn LoT 26, PARCEL 9�i�, BLOCK E, RIVERIVEW �iEIGHTS ADU I T I O N � � � � � . � � . . � . . � . � � . . . � � . . . . . 2g � CONSIDERATION QF A RESOLUTION AUTHORIZING AND DIRECTING THE COMBINING OF SPECIAL ASSESSMENTS ON Lo-r 44, PAaCEL , 1�%�, Lo-r 45, PARCEL I.O%S ANi� �OTS 46 a�vn 4�, PARCEL 1�$5, BLOCK E, RIVERVIEW HEIGHTS A�7DITION. .�...... 29 CONSIDERATION OF A RESOLUTION �1UTHORIZING AND DIRECTING ', '. THE COMBINING OF SPECIAL �ISSESSMENTS ON LOTS 9 AND 1U, PARCEL IZOO AND LoT 11, PARCEL IZOS, bLOCK F. RIVERVIEW ' HE I GHTS . � . . � . . � . . � . . . . . � . , � . . . � � � 3O � '�i 1 REGULAR MEETIidG, JULY 7, 1975 PAGE 14. NEW BUSI�VESS (COiVTIiJt1ED> � CONSIDERATION OF A RESOLUTiON AUTHORIZING AND DIRECTI�JG THE COMBIP�ING OF SPECIAL ASSESSMENTS ON LoT 15, PARCEL 1225, LoT 15. PARCEL 1230 AND LoT 17, PARCEL I235, _ BL�CK F, RIVERVIEW �EIGHTS ADDITION� � . � � � � � . � � . 3� CONSIDERATI�N OF A RESOLUTION AUTHORIZING AND DIRECTING THE COMBINING OF SPECIAL ASSESSP�VENTS ON LOT 44, P�RCEL 1370, Lo-r 45, PARCEL 13%5 AND LoTS 46 aND 47, PARCEL 1385, �SLOCK F, i�IVERVIEW HEIGHTS ADDITION. . . . .. � . � . APPQINTMENT, CITY EMPLOYEE. . � � � � . � � . � � � � . � �I CENSES � . � � � � . � . . .. � . . . � � � . . . . � .� � 0 �LAIMS. . . . � . � � . . . � . � � � . . . . � . . . . . . . . . . .. . .. . .. .. .. . .. . . . . .. .. ESTIMATES� . . . . . � � . � e . . . . . . . . . . . . . . 32 33 34-34� 3S 36 REGULAR MEETING '.JULY 7, 1975 PAGE 15 COMf�IUi�! I CAT I OiJS ; � � INFORMATION SYSTEMS �"�AiJAGER: COMMEND [MPLOYEES. .�� 3T {��EISS, TONER, I`�ARTINSON. HOTZE: STABLE RIVER bANK� �..� j� FRIDLEY �AYCEES: SOFTBALL TOURNAMENT� � � . � . � . . . . 0 :1 � i 39-39� ' � �, .. � ' .. . . ' . ' ' � . . . � . . .. ' . � . � � , . TttE �1IPdUTES OF TNE REGULAR MEETI�IG OF THE FRIDLEY CITY COUNCIL OF �MAY 5, 1975 ' . ' � I . . ' ' . . � - , , . � � , . . '. ' . . ' � . ' � ' . ' . � . , . ; ' . ;' ' � T ' ' �' . , i :� , �I iJ I�� ' � � � � , � ' , , - � � , \ � , � THE MINUTES OF THE REGULAR MEETIN& OF 7HE FRIDLEY CITY COUNCIL OF MAY 5, 1975 - .------- — -- - - 123 The Regular Meeting of the Fridley City Council of May 5, 1975 was called to order at 7:30 P.M. by Mayor Nee. ' PLEDGE OF ALLEGIANCE: Mayor Nee welcomed those presenfi at the meeting and invited them to join the Council in saying the Pledge of Allegiance to the Flag. ROLL CALL: MEhiBERS PRESENT: Councilwoman Kukowski, Councilman Breiuer, Councilman Starwalt, Councilman Fitzpatrick, and Mayor Nee. MEMBERS ABSENT: None. APPROVAL OF MINUTES: REGULAR MEETING OF APRIL 7, 1975: MOTION by Councilman Starwalt to adopt the Minut�s of the Regular Meeting of the Fridley City Council of April 7, 1975. Seconded.by Counciiwoman Kukowski. tlpon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. AOO�TION OF AGENDA: ' Mayor Nee said the City Manager had advised him there was an agreement with the Teiephone Company that should be added and considered at the present meeting. Councilman Breider indicated he would like to set the date and t�me for the Board of Equalization meeting on May 8, 1975. MOTION by Councilman Starwalt to adopt the agenda as amended with the previous7y mentioned additions. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. OPEN FORUM, VISITORS: Maycr. Nee explained to those present that the Council works from an a9enda book during the meeting and there is one availab�e at the podium at the back of tne room for those interested in the agenda. Ne said there is a great deal of dacumentation involved and if anyone would want to address the Council, they should do so. MRS. KATHY h9ALONE, b13i BENJAMIN STREET N. E., REQUEST FOR ADDITIOMAL STOP SIGN Mrs. Malone addressed the Council and explained that she had thought that there had been approval for installtion of two stop signs in the area at the previous meeting of the Council. She further expiained that signs had been Installed at one intersection and not the other. Mrs. Malone said she had talked to Councilman Star.walt concerning the confusion and he had indicated he would listen to the tapes of tne meeting. The motion made at that time had been to cail for a study at troth locations and after this a motion te install the signs had been made without definite specifications on location. CounciTman Starwalt said he planned to listen to the tapes, but had not been able to do so. He affirmed the statements made by Mrs. Malone in that he had called for a study on the installation at botf� locations. Councilman �r:rtal� said he felt the installativn of the first signs should be considered for their effectiveness and if it is necessary, the additional signs could be installed in the future. Councilman Starwait explained that he intended the signs to be some- what temporary until the area is further developed. Mrs. Malone said she did not feel that the problem is being solved by the installation of signs at only one intersection. The traffic still traveis at a high speed in this area. Mayor Nee said he thought the Council had settled the problem on the signs on Briardale Road. Councilman Starwalt explained that this was on one corner. and the property owners had requested that this be done at 61st and Benjamin also. He felt this may be a process for the interim period while there is a great deal of constructior�in the area. There will be a road cut to the west into the park property and this wi�l provide a break in the traffic. Councilman Starwalt said stop signs should not be used for relief of speeding. ____._ --- ---___-_ ____- -_._._ _ -- -__ _ _ ._ . __ _._ _ _-- - -_ _._---_ __ __ _—.. ___ • j ' 124 ; � REGULAR COUNCIL MEETING OF MAY 5, 1975 PAGE 2 ' .�I He said he had asked that the property owners try to work with the action that had been taken and not take any further action until it is needed. . Mr. Robert Erickson, 5950 Benjamin St., said he did not feel the action of the present . installation was at all sufficient. He indicated his home was only a half a block from the area and he thought the additional stop sign was definitly needed. . Mrs. Malone said something should be done before there is a tragedy.in the area. Mr. Joe Peterson, 1565 Gardena Avenue, addressed the Council and explained the traffic feeding into the area a11 comes from a straight shoot and it is very fast. He explained that there was a recent accident in the area and if there were youngsters outside, there would have been someone hurt. Mayar Nee asked if this is a County Road and the City Manager said it is a City road. MOTION by Councilman Starwalt to install a stop sign on 61st Avenue and Benjarnin Street. Seconded by Counciiwoman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Councilman Starwalt said this would put two stop signs between Grace High School and Rice Creek Road. He added, there may be a need for more, but he felt this should be .limited at the present time. OLD BUSINESS: � RESOLUTION N0. 70-1975 - REQUESTIPJG METROPOLITAN TRANSIT COMMISSION TO INSTALL BUS SHELTERS fROM MEETING OF APRIL 21, 1975 : 7he Public Works Director, Mr. Richard Sobiech, explained to the Council the three different types of requests•noted on the map on the agenda and requested in the proposed resolution. He said one would be where residents of the City had requested installation of shelters, another where City people had seen a number of people waiting at a bus stop, and thirdly, where there is a potential for substantial ridership. He said there are eleven suggested locations that might warrant a bus shelter. He explained that those proposed would be contingent upon the MTC reviewing the locations for proper number of residents and people using the location. MOTION by Councilman fitzpatrick to adopt Resolution No. 70-1975 requesting Metropolitan Transit CorrQnission to install Bus Shelters. Seconded by Councilman Breider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. The Public Works Director exp}ained that if the people of the area had requested the shelter and the suggestion had come from MTC, they had already conducted a study on the need and determined the need does exist. . Mayor Nee questioned the placement of a sfielter on the north side of the Fridley Market. The Public Works Director indicated thislocation was in the area of Fiarmont and Glencoe. Mayor Nee asked if this is on the residential side of the street. The Public Works Director said it is felt that the shelter will attract the residents of the area. Mayor Nee asked if there would be a problem from the owner of the residential property adjacent to the proposed shelter. The Public Works Director said there is enought right of way and the shelter is attractive> not unsightly. Mayor Nee asWed who lives on the northeast corner of Hugo and East River Road. A member of the audience said he thought this � is Georgia and Albert Kellner's home or 8182 East River Road, Mayor Nee asked if they had a fence and the man said yes. He believed the fence is set back about six feet from the road and there would be ample area for the bus shelter. • Councilwoman Kukowski said it had been brought to her attention that the�shelter on 57th and University creates a traffic hazard. She explained that thebus moves in front of the existing traffic. The Public Works Director said thisis a problem that the City would have to put up with for the time being. He further pointed out that the plans are for the installation of a park and ride stop in that location. ' 7he City Manager reiterated that if the MTC approves the additional locations for the bus shelters, the City would have to appropriate money from unappropriated funds to ' irrstall the slabs. He pointed out that this would be abaut $350 per shelter. �\ NEW BUSINESS: � ' R�GULAR GOUNCIL MEETING OF MAY 5, 1975 PAGE 3 l `L 5 FIRST READING OF AN ORDIPdANCE TO ESTABLISH CHAPTER T13, REFt1SE DISPOSAL: AMENDING CHAPTER 11, LICENSE AND PERMITS: AND REPEALIPlG PRIOR CHAPTER 113 WASTE DISPOSAL : The Public Works Director commented that a few weeks ago, it had been brought up at a Councii meeting that the waste disposal ordinance should be amended. He said the City . had met with the representatives of the City's licensed haulers to gain their input on the conflicts of the ordinance and the requirements of the haulers. The proposed amendment would allow placement of bagged refuse to be put at c�rbside on the day of pick up. He said this would only allow refuse and not garbage to be placed on the curb. He suggested another provision for inclusion in the ordinance that this be limited to a 24 hour period to a11ow placement of the bagged material the evening before pick up in the morning. ' The Public Works Director referred the Council's attention to Section 113.08 and indicated that the suggested 24 hour limit be placed in this Section. The City Manager said this would be only refuse, not garbage. The City Manager added, he felt the placement of garbage would be unsightly. � Mayor Nee referred the Council's attention to Section 113.07 and asked'if this would prohibit any one from hauling their own refuse. •�e City Attorney said this question had come up several years ago. He said the home owner can haul their own if they do not spill the refuse all over the street. The Public Works Director said there was 1 no change in this section. Mayor Nee asked if there was a provision existing that is not enforced. The City Attorney said the individuals can haul their own, but if any- one else hauls it, they would have to be licensed. Councilwoman Kukowski referred to the placement of the garbage and asked if the haulers ' are expected to go to the back of the property line to p�ck up peop�e's garbage. She expressec! the opinion that if this is the case, the rates will be raised. She mentioned if the haulers have to get to the rear of the people's property and climb through and around boats, campers, fences and garages, they couid not get to the garbage. The ' Public Works Director quoted the requirement and said that in no event shall the garbage - be in the front yard. He said this would allow the material to be placed to align with the front of the house. He said the City would not want all of the garbage at the � � curbing. He mentioned tha� the cans could tip and create problems. � Mr. Harlan Lofgren addressed the Council and expTained that he was in the garbage business in the City of Fridley. He explained he had been�nvolved in the meetinqs eiht the haulers and the City siaff the previous year and the whole ordinance had been discussed. He mentioned that all of the haulers were glad to have been a part of submitting ideas for ' the ordinance at that time. Ne indicated that the haulers had not beeinotified about the proposed ordinance amendment at this time. He said they felt quite hurt. , , Mr. Lofgren further stated that the public is not a}ways easy to please. He said there had been quite a change in the hauling situation since the burning ban came into being. Ne said he would like the people in the City to cooperate with the haulers and said if you look down the streets of the City, it is possible to see the great amount fiauled. Mr. Lofgren said if the City requires the haulers to go into the back yards for the pick- up, they will be forced to increase the rates and hire more employees. He said if the cans can be pTaced in front, this would allow them to give good service. Mr. Lofgren also mentione he would have liked to have been notified concerning this consideration and the conient of the proposed ordinance rather than finding out by hearsay. � , Mayor Ne.e said he thought the haulers had been notified. Mayor Nee said if he hac! a chance to look at the proposal and Mr. Lofgren said he had read it in the haliway where , is was posted on the bulletin board. The Public Works Director said the items discussed � at the previous meetirg had 6een taken into account in the ordinance. � � ' Councilwoman Kukowski said she thought the haulers should have been notified, they do not know what is being put togther in the ordinance. - The Public Works Director referred to item number nine on page 2-B of the agenda (Section 113.01 Definitions, #9) and said he felt snow and ice should be incorporated in the section because some people plow their snow and ice into the public right of way. Mayor Nee asked if this incTusion in the section would require people to pick up snow and ice. • The Public Works Director explained that the City had been taking care of the � problem with State Statutes. He further pointed out that the Attorney General had advised that this be included in the refuse ordinance. Mayor Nee again asked af ±his would require them to pick up the snow and ice. 7he Public Works Director said this does not apply to the haulers, but does apply to the commercial and residential , property owners, they should plow the snow to their own property, not the street. He 126 REGULAR COUNCIL P4EETING 0F MAY 5, 1975 suggested that after "shells in this section that "snow and ice" be added. � �. PAGE 4 , i i ;. Mr. Dick Harris, Planning Commission Chairman, said he did not understand the suggestion concerning the addition of snow and ice. The Public Works Director said some people dump snow and ice into the street and the City has to go out and take it out. Mr. Harris asked if this would be_enforceable. The Public Works Director said he was talking about plowing of driveways anck�parking lots into the street. Mr. Harris said he would interpret the section to mean that it would require the property owner to haul the snow and ice away from their driveways and walks. Mr. Harris said he felt this would be an arbitrary addition and not enforceable. Mayor Nee said he did not feel this would be in the right section. Ne mentioned that the material is to be kept in closed containers. The City Attorney said this could be taken care of. He said he would talk to t he Public Works Director and they would come up with an amendment that will be suiiable. Mr. Harris mentioned that under the provisions of the ordinance, it would be a vidlation to have a compost pile. Mr. Harris further stated that the ordinance requiring placement of the refuse in the . yard is not feasible in the City with no alleys, the collectors Mave to use the front. � He said thEre should be no exposed cans except for ;he day of pick up. The City Attorney read the section of the ordinance(Section 113.08 Placing of Containers} to the Council and audience and said this type of placement is allowable at the present time. . - Councilman Starwalt said it is his understanding that some people keep their cans in the garage and they are collected from there, if the collector can get to them. Mayor Nee asked the reason for the provi5ion for five different types of ticenses. The Public Works Director said this is the practice of the surrounding communitites and the haulers operate within all of them and should be uniform. Mr. Bailey Tiller, 1535 Gardena Avenue, asked if something could be included for snow removal so that the collectors can gain access to the property. He mentioned there is often 10 feet of snow bank to get through to reach the cans. Councilman Starwalt said he understood this concern and it is not a part of the current ordinance. Mr. Tiller said he had mentioned it so that this could be considered a part of the ordinance. Councilwoman Kukowski asked if the provision in the section concerning the hours of pick up could be amended to siart at 6:00 A.M. rather than 6:30 A.M. The Public Warks Director s4id there had been a compromise in this section. He mentioned the starting time had been 7:00 A.M. and the 6:30 A.M. was that compromise at the time the request was made to begin collection at 6:00 A.M. He mentioned that the City receives cor�;,?aints when the collection begins too early. Counci;woman Kukowski agreed with this comr= . MOTION by Councilman Breider to waive the first reading of the ordinance and adopt the ordinance on first reading. Seconded by Councilman Starwalt. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. MOTION by Councilman Breider to amend the ordinance with the addition of the statment "but no refuse be allowed in the front yard for more than 24 hours", and that this be added to Section 113.08. Seconded by Councllman Starwalt. Upon a voice vote, a11 voting aye, Mayor Nee declared the motion carried unanimously. Mayor Nee directed the City Manager to pre pare the necessary amendments and circulate the ordinance to the haulers in theCity before the second reading. RECEIVING THE MINUTES OF TNE PLANNING COMMISSION MEETING OF APRIL 23, 1975: REZONING REQUEST, ZOA #75-02, BY WYMAN SMITH, ATTORNEY FOR RICHARD POVLITZKI AND THE -2 (GENERAL BUSINESS MOTION by Councilman Fitzpatrick to set the public hearing for the rezoning request ZOA #75-02 for the Frontier Club for June 9, 1975. Seconded by Councilwoman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. .E.. R�QUEST FOR SPF,SIAL USE PERf�IIT: Sp #75-02 ��.Y WYMAN SMITH, ATTORNFY FOR W R ST PH NC u�,:,, TO PERMIT TH E SALE OF NEW AND USED CARS. PER FRIDLEY CITY CODE. SECTI(1N 205.1O1T I�\ (3, 8) AND (3,G) in a C-2S ZONE (G[NERAL SHOPPING AR[AS) TO BE LOCATED ON LOT 1, BLOCK 7, • PEARSON'S SECOND ADDITION THE SAME BEING 7701 EAST RIVER ROAD: , _ ( REGULAR COUNCIL MEETI.NG OF MAY 5; 1975 PAGE 5 i27 The City Manager exp7ained this request to be for a Datsui! Dealership and the Planning Comnission had recor�nended approval of the request for the spec�al use permit. He explained that there was consideration of the building plans under the Building Standards Design-Controt Subcommittee minutes later in the agenda. Mayor Nee said the question would be whether or not to approve the special use permit. The Public Works Director said the stipulation recommended by the Planning Commission at the present time, takesinto accou�t the minutes of the Building Standards and Environmental Quality Cor�nission. He said the siipulations include the concerns of all three bodies. � Mr. Mark Haggerty, Attorney, representing bJ. R. Stephens, addressed the Council and indicated that the Planning Corrmission had recommended approval of the request. He asked the Public k'orks Director to plac° the plan of the area on the overhead viewer. Mr. Haggerty indicated that there had been some changes proposed by the various subcor�nittees and staff and they could see the reasons for these changes. Mr. Haggerty,said the action on the part of the applicant had been positive on the . suggested changes. He referred to the fence on the East River Road side or front of the building and said this would be construc�2d of inetal screening material. He asked the Pubiic Works Director if the samp7e cf the material was available for the Council to review and Mr. Sobiech said the sample presented, was not available at this time. He referred to the plan for the landscaping on the front side of the building and explained that there is a large concrete slab existing and this would be used to dispiay new cars. He further explained that there will be a planter installed for additional green area. H�mentioned the plan also included landscaping of the other areas which would be done by Bachman's. Mr. Haggerty pointed out the locati.on of the sign on the plan (Exhibit 1) and said this would be six by six or five by five square feet and would say Datsun and - Win Stephens. ' Mr. Haggerty referred to the lighting plan and said all of the lights would be directional and focused on the property and away from the traffic. He said the lights would be turned off at nine o'clock and wou]d not bother the people of the area of East River Road, and would not be directed to the four plexes. Mr. Haggerty said the parking to the west side of the building wou]d be limited to 90 stalls and any other vehicles displayed would be driven to the site wh'en it is appropriate to fill any empty stall. Mr. Haggerty said there would be no body shop incorporated in the p1an. Mr. Haggerty explained the amount of traffic that the business would draw by statino that their operation on the south side of town draws approximately 12 callers per day. Ne said based on his studies, the traffic of the•area would be reduced. He read a letter fromMr. Red Stang, present operator of the existing business, A-1 Motor Sport, indicating the current traffic count to be 90 calls per day. which exceeds the estimate. Mr. Haggerty said the applicant had taken back the plan and made modifications in the lighting, noise, a7d traffic conditions. He mentioned where ever there was a concern, th�s had been considered and mentioned within the suggested stipulations of the Planning Conmission. Mr. Haggerty explained that the recommendations of all of the.Subcomnittees had been taken into consideration and incorporated into the motion of the Planning Corrrmission which was unanimously approved . Mr. Haggerty said there had been 20 hours of hearings on the request and they had tried to be reasonable and meet all of the demands. Mr. Haggerty requested that the Council grant the special use permit based on the recomnendation of the Planning Commission. He asked that the permit be granted at the present time to allow operations to begin the coming summer. Councilman Starwalt asked what the investment in the property would be. Mr. Haggerty said they had planned an investment of $60,000 and nov� it was almost double this amount with the modifications. He mentioned that items such as tearing down the fence and.insfialling another fence were costly. He continued that the landscaping would be costly. Mr. Haggerty said they had tried to maintain good public relations with the neighbors and this would require keeping the area in good shape and maint�ained. Councilwoman Kukowski said the people of the area did not welcome the whole idea. She mentioned the great many young people of the area who catch the school bus in this area and said she would not favor any more development ort East River Road. __._ __._ 128 REGUCaR�COUNCIL F4EETiNG �F MAY 5, 1975 PAGE 6 She also stated she would not have favored this at the time the present operation received approval for operation and construction at that location. Mr. Haggerty referred to the stipulation that was within the motion concerning the traffic of the area and said all test driving would be done in the area of 77th out the east entrance or in the comnercial areas. Mr. Naggerty reiterated that Mr. Red Stang had said there was approximately 90 callers a day at the present business and they had anticipated from 50 to 60 at the most. He said there would De a reduction in traffic by almost 50/ and the test driving would all be done in the comnercial and industrial areas. Mr. Haggerty mentioned that Barry Blower Company is located on the adjacent property and the property is properly zoned for this usage. He said all they were asking for is a special use permit and they would do everything in their power to alleviate any problems. He said they wouid comply with all of the stipulations of the Planning Comniss.ion. Mr. Haggerty mentioned that two people at the Planning Commission meeting had commended the Planning Commission on the open way they handled the hearing. He added, they spent a great deal of time and it was very open. He said all have done everything in their power to come up with the best recommendation. Councilwoman Kukowski said the applicant had gone out of his way to satisfy a lot of compla.ints. She mentioned that if she had been on the Council when A-1 Motor Sports had built, she would have voted against it. Councilman Fitzpatrick said he agreed with Councilwoman Kukowski. He �id he did not feel the proposed plan would be possible in a residential area. He mentianed he had been a member of the Planning Comnission for a very long time and he took their recomnendations very seriously. He said he had spent a long time going over the minutes of the meeting and much work has been done on the request. He said this is not a usage that he would like to see in that a�rea, Lt would not be compatable with the area. Mr. Haggerty said three sides of the property are abuted by commerciaT property and it is within property zoned C-2S which is general shopping. Mr. Haggerty said many other things could be in business there that would generate more traffic. Mr. Haggerty said he felt Councilman Fitzpatrick's remarks were irrelevant in the area of it being residential. Mr. Haggerty said it is not appropriate to say what should have been done in 1968. Now, they had come up with the best possible plan, and the Planning Comnission had done their best also. Mayor Nee asked if two special use permits would be needed. The Public Works Director sayd only one. He said this would be for the outdoor display area. Mayor Nee said as he read it in the Code, they would be asking for two. One for new and ane for used cars. He mentioned if the used and new cars wou�d need a special use permit, would one also be needed for the outdoor display area. The Public Works Director read this portion of the Code and indicated that the general sale and display of aew and used cars would require one permit. Mayor Nee said the special use permit is needed to operate the dealership. The City Attorney said it is not significant- if one or two permits would be needed. He said this wouldl�nclude the sale and display of the cars. Mayor Nee mentioned that there had been some di:scussion on if the applicant would be interested in not having the outside display. Mr. Haggerty said they were concerned about the concrete slab outside of the building in this discussion. He mentioned that it had beenmentioned that this be removed and this slab is very thick and large and it would be a large capital investment to tear it up. He said they had attempted to work with the City and the Engineering Depart�ent to come up with a design that would be pleasant and funetional for this area rather than taking up the existing slab. Mayor Nee asked if the applicant would be interested in nat displaying�the cars outside. Mr. Haggerty said he did not know how this could be done. Mr. Paul Burkholder, 7860 Alden Way N. E., addressed the Council and said he would like to present approximately 150 signed statements taken as a random sampling of the.Fridley area which concerns the public safety if the special use permit should be granted. MOTION by Councilwoman Kukowski to receive Petition No. 6-1975 eoncerning fihe request for denial of the Special Use Permit because of public safety. Seconded by Councilman i� Starwalt. Upon a voice vote, all vQting aye, Mayor Nee declared the motion carried � unanimously. ; ' ' , I a REGULAR COUNCIL t4EETING OF MAY 5, 1975 PAGE 7 �zy Mr. Burkholder said when traveling in the area that afternoon, he had seen two school buses stopping in the area. He mentibned that there was a police car stopped in the back of one, which was necessary because of the traffic inthe area. He said this is the worst area for people to run the stop sigr on the bus. He said he had lived in the area for over 11 years and had seen the squad cars follow the buses from the elementary schools, Junior High and Senior High. He said he knew that he was expressing the thought of many of the people of the neighborhood in that this could create a great safety hazard. He requested that the request be. catagorically denied. Mr. Ken Sporre, 301 Ironton Street N. E., addressed ' ' to distribute copies of a letter to.the members of letter in opposition to the granting of the special ship to the Council and audience. r � � the Council ard; said he would like the Council. Mr. Sporre read the use permit for the Datsun Dealer- MOTION by Councilman Fitzpatrick to receive the letter in opposition to the Datsun Dealership on East River Road due to the traffic situation, dated April 28, 1975, and signed by Mrs. Lee Ann Sporre, Mr. Kenneth Sporre, Mr. Charles Seeger, and Mrs. Jianice Seeger (Petition No. 7-1975). Seconded by Councilman Starwalt. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Mr. Sporre said there had been 239 traffic acc.idents on East River t�oad since 1973. Mayor Nee asked if this had been for a two year period and Mr. Sporre said Since the beginning of T973. Mr. Sporre said it" is his understanding that there had been 40 accidents sinc� January 1975. Mr. Sporre commented that one takes his life ih his hands when he rides a bike on the East River Road. � Mr. John Dumphy, 155 Stonybrook Way, addressed the Council a�d said',it was his belief � that in time, Mr. Stephens will purchase property to the north of the existing property and expand to double the present size. He ;;uggested some restriction on this type of expansion and asked'the Council to consider tttese comments when making the decision. . ' Mr. Paul Burkholder indicated that he thought the map on the screen was incorrect. He said he thought this was sloppy of the City officials and he mentioned he helped pay the City employee's salary with his interests. ' Mr. Aiex Barna, 560 Hugo Street N. E., said he would hate to have P9r. Stephens think the City does not want the Datsun Dealership. He mentioned that there is a large parcel of property to the southeast of the pareel 'oeing discussed which is vacant. Mr. Barna said he favored the Datsun Dealership ir:. FridTey, but not at this location. � \ � Mayor Nee informed the applicant that the City of Fridley will issue revenue bonds if they would like to build a building. The City Attorney advised the Council that the first order of business would be the consideration of the special use permit. He said the Council at one time said the property should be zoned commercial and indicated in the zoning ord9nance what type of private business may be a]lowed on that property. The City Attorney said he was speaking in generalities. He added, in adopting the zoning ordinance, certain uses would be permitted in this type of zoning and others wiii be approved upon obtainin5 a speciai use permit. He mentioned by adoption of the provisions for the special use permit, the Council indicated that the permit will be available unless there is some valid reason that they should not grant it at this location. He said ihe burden would be on the Ctty Council to prove this reason because the Counci] in adopting the ordinance said it would be permitted. The City Attorney continued to explain that if the special use permit is denied, they would have the burden of providing evidence and findings of fact that would indicate the reason for denial. The City Attorney suggested that if there:is a thought on behalf ofi.the Council that there will be deniaT, there should be a public hearing with a:record of the evidence. Ne said the recorrmendation and testimony before the various committees and commissions should be reviewed. He said the evidence presented to the Subcommittees should be presented directly to the Council if there is some question in the approval of the permit. Tlie City Attorney said he had made a study and there have been a number of supreme court decisions in the iast two to three years where the municipality had been overrulled in their decision to deny a special use permit. He said he had read many lately, and suggested that the Council maintain their record as good as possible. � 130 REGULAR COUNCIL MEETING OF MAY 5, 1975 PAGE 8 Mr. Haggerty said he would like to look at the .letter that had been read into the record by Mr. Ken Sporre and Mr. Sporre provided him with a copy. Mr. Haggerty said he was surprised at the feeTings of the people of the area, he thought all of the concerns had been taken care of in the modifications of the plan. Mr. Haggerty said he agreed with the explanation of the special use permit as noted by the City Attorney. He said the Council has the burden of proof to provide evidence that there is some type of extreme hazard or nuisance affecting the public welfare of the area. Mr. Haggerty said the letter he had read from Mr. Red Stang concerning the present traffic count into the business wou1d discourage this type of evidence because there would be a reduction in traffic with the proposed use. Mr. Haggerty referred to the recom�nendation o.f the Planning Commission in that the special use permit could be issued for a two year period and if there are any problems with the traffic, it can be withdrawn. Mr. Haggerty recalled there had been a remark made concerning the expansion of the business to the north and indicated in comparison with the operation on the south side of town, they would see no need for future expansion to meet the needs of the business. He referred to the 14th stipulation of the Planning Commission and indicated that if there is any plans for future expansion, there would have to be a public hearing at that time. Mr. Naggerty addressed the point made concerning the 90 stalls for the display area and said this had not been picked out of the air, the applicant had meet with the City Planner, Mr. Jerry Boardman, and had figured this out according to the area and the space required for access of emergency vehicles. Mr. Haggerty said Mr. Stephens said he would not expand to the north and the staff felt that if additional parking may be needed in the future, that this be considered. He again stated that according to the business in south Minneapolis, there would be no need for expansion. He also mentioned the remark made concerning the purchase of another parcel of property in the City. He commented that some property lends itself to this type of business and some does not. He said there would be two other factors to consider, whether the land is for sale, and whether it is out of their price range. Mr. Haggerty mentioned the concerns of the area residents regarding the traffic and listed the other uses which would be al�owed within the Code 'indicating that many of the allowable uses would create more traffic•than the one proposed. He also said that these uses can be allowed in the area without approval of the special use permit. Mr. Naggerty mentioned the traffic situatian in the area of Viking Chevrolet and thought they would not create any traffic during the day, but this may increase on Saturday and evenings. Mr. Haggerty said a car is the second largest purchase that people make in their lifetime, and if everyone who lives in the area came in and purchased a vehicle, there would not be as much traffic into the business as there is at the present time. He requested that the Council grant the special use permit that evening and that there not be any delay. Mr. Haggerty said the Subcomnittees had given the matter proper consideration and the plans had been modified to consider all of the objections. He asked that the Subcommittee's recorronendations be given proper consideration and asked the Council to grant the special use permit with all 14 stipulations suggested in the motion of the Planning Commission. Mr. Haggerty said he felt if the stipulations were read and expla�ned to the people of the area, this would alleviate the fear the people were expressing that evening. Mr. Naggerty read the first stipulation regarding the plan and indicating that it be recorded as Exhibit 1. He mentioned the plan had been modified and improved for landscaping and grounds since the Planning Consnission Meeting. Mr. Haggerty read the second stipulation and explained that they had agreed to turn off the lights at 9:00 P.M., except for the security lights on the building, The third stipulation coneerning the installation of fencing was read and he said they agreed to comply with the requirement. Mr. Haggerty read the fourth stipulation concerning noise and explained that this had been discussed in regard ta the loud speaker system and Mr,. 5tephens said if this was not acceptable, they would go to some sort of hand radia for comnunication and this would be feasible. Mr. Haggerty continued listing the stipulations recommended by the Planning Corronission and referred to .the fifth stipulation concerning the sign. He said the sign would be on the warehouse portion of the building and the pole sign would not be moved. He mentioned that this would eliminate a distraction. ; . , __.....__ _ .� ' ` REGULAR COUNCIL MEETING OF MAY 5, 1975 ' ' PAGE 9 The sixth stipulation indricaiing that the sign on the south side of the building be � retained and the sign on the north side of the building would be removed was read. Mr. Haggerty explained that there are two small pylon signs and one would remain and the other would be removed. He indicated that the one remaining near the entrance would be renewed, � , � � � � ' , ' � , , �J , � � � l `31 Mr. Haggerty read the seventh stipulation concerning the en�rances and said the,y would remain as shown on Exhibit l. Mr. Haggerty read the eighth stipulation suggesting that the speciai use permit be renewed in the period of two years. He mentioned if there is some problem such as traffic, the Council would have the right to deny the permit at that time. Mr. Haggerty explained .that ihe ninth stipulation,.providing that the permit not be transferrable, took away the right of the property owner to sell the property for its continued use, but they were willing to go along with this. The tenth stipulation, that no parking be allowed in the residentiai areas for business purposes was read and Mr. Naggerty comnented that there would be no visitor parking or employee parking off the premis�s. The eleventh stipulation regarding test driving and limiting it to the comnercial and i�dustriai areas was read, and Mr. Haggerty said the traffic is heavy in area, but it had all been there in 1974. He explained that they agreed with this st.ipulation. He explained that the salesperson always accompanies the test driver and this could be controlled. Mr. Naggerty read suggested stipulation number twelve that all City Code requirements be met, number thirteen, that the number of stalls be limited to 90 for parking, and he said he had aTready read and explained the fourteenth stipulation. Mr. �laggerty said the applicant agrees to all of the proposed stipulations and the City would be able to maintain a hold on what can be done. Mr. Haggerty said a tremendous amount of time has been spent on the subject at the various meetings and he requested that the permit be granted as recommended by the Planning Comnission. Mayor Nee said the amount of traffic on East River Road had diminished in 1974 because Marshall was closed, Mayor Nee asked if the applicant could operate without the display area in the front of the building on East River Road. Mr. Stephens said it would be difficult to operate with the iimited amount of display in the showroom. He said he felt it would not be possible. He added, they would have to display some new and some used cars. Mr. Stephens said the zoning is proper far this type of use and he felt that the fears of the area people are uhfounded. He feit that this bt�siness would create less traffic than the other types of businesses which would be allowed without the use of the special use permit. Mr. Stephens continued to comment that he did not think there would be any complaints, and if there is they would take care of the concern. He said he did not come to the City to make enemies, he thought he was doing good for the City. Counciiman Starwalt said he thought the Council was involved in another emotional item. He said he represented many people, but he did not represent those people abjecting to the special use permit. He mentioned that people want jobs and oppor- tunities, but they a�ant ihem in some piace eise in town. Counci]man Starwalt said Viking Chevrolet displays cars and he did not know why they did not have any more accidents on Highway #65. Mayor Nee said for many reasons like; limited access. Councilman Starwalt said he woutd be in favor of granting the special use permit. He said most of the objections have been suitab]y taken care of to a fashion. He said he could see this use before he could see many other uses of this area. Mayor Nee asked if there was anyone present who wished to address the Council. Mrs. Lee Ann Sporre, 301 Ironton Street N. E., addressed the CounciT and indicated she would iike to refer to the City Code. She said the Council was there to decide whether or not to issue the special use permit. She indicated that she believed that the issuance of the special use•permit required some Council discretion. She referred to the section of the Code that indicated if the use•was a threat to the heaith, welfare or safety of the public it should be denied. He also said the section on Auto Service Stations should be considered within this discussion. She read this section of the Code and said it goes on to state that the Council has to use some discretion. • ' � 132 RE6ULAR COUNCIL MEE7ING OF MAY 5, 1975 PAGE 10 Mrs. Sporre again stated that the Council would have to look at all possible aspects to determine if the use would be a threat to the health, welfare or safety of the public: She mentioned that the use of Highway #65 is a different matter since Highway #65 was designed in another manner. She stated that the people are getting killed on East River Road and she believed that the private property rights exceed the safety factor expressed. Mr. Bob Erickson, member of the Environmental Quality Commission> addressed the Council and said that the consensus listed in the minutes of the Environmental Quality Corranission are somewhat. misconstrued as presented in the Council agenda. He stated that the Commission✓did not agree that this permit should be approved. He commented that the EQC received the information with no prior study time and had commented on it because they felt they may not get another chance to express their cpinions. He said they did not feel their action was for recommendation for approval, they merely listed some items that should be brought up. He mentioned one of the items they were concerned about was that the extra entrance on East River Road not be used. He said the applicdnt had said this would be no problem when he had attended their meeting. He questioned why this was still a part of the plan. Mr. Erickson said he had soine 'reservations concerning the proposal. Mr. Roland Benjamin, 6516 Country Side, Edina, representative of Win Stephens explained that Mr. Darrel Clark, Community Development Administrator, had said there must be an easement on East River Road because the property to the north of this would not have have any access to East River Road without the easement. Mr. Paul Burkholder indicated he was in the real estate business and thought that because there was a need for an easement, this did not mean there was a need for an entrance. He said the easement �ould not mean that there would have to be a road. He mentioned the parcel of land would be land locked without an entrance. Mayor Nee said he would like an indication from the Co�ncil on their thoughts on �he consideration of the special use permit. Councilman Fitzpatrick said the City Attorney had indicated that if the Council had thoughts to deny the Special Use Permit, there should be a public h�aring with the minutes of the meetings documenting the findings of fact and evidence. He said the Council did have copies of the minutes of the Subcommittee meetings. MOTION by Councilman Fitzpatrick to set a public hearing for June 2, 1975, on the matter of the considera�ion of issuance of a special use permit for a new and used car dealership by Mr. Win Stephens, Datsun Dealership. Seconded by Councilwoman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. The City Attorney advised the Council tha� there would have to be notice to the property owners at least 200 feet from�he affected prope'r.ty at least ten days before the hearing. The City Manager said this would allow enough time for the notification. NORTN SUBURBAN HOSPITAL DIS_T__R_ICT: TO VACATE MOTION by Councilman Breider to set the punlic hearing for the vacation request SAV #75-01, by North Suburban Hospital District for June 9, i975. Seconded by ` Councilman Starwalt. Upon a voice vote, al1 voting aye, Mayor Nee declared the �� motion carried unanimou5ly. R A LOT SPLIT, L. 5. #71-08, BY_CLIFfORO J. THOE: TO SPIIT �FF THE . t.. 7his item was continued by the Planning Commission. MOTION by Councilman Breider to receive the minutes of the Planning Commission meeting of April 23, 1975. Seconded by Councilwoman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. �`L� ; � , , � a , CJ , , � r � ' � l �3� ; REGULAR COUNCIL MEETING OF MAY 5, 1975 PAGE 11 RECEIVING 7HE MINUTES OF THE BOARD OF APPEALS MEETING OF APRIL 29, 1975: VARIANCE OF SECTION 205 A. FOR A LOT RECORDED B B, FRIDLEY CITY CODE, TO RE ECEh16ER 29, 1955, FROM 7500 E ET Mayor Nee indicated that the Board bf Appeals recommended approval of the request. The Public Works Director said there are a number of properties iriihe same area that hdve been provided such a variance. He pointed the lots out io the Council and referred their attention to page 4-A of the agenda booklet. He listed those lots obtaining the variances as Lots 45 and 46, Lots 49 and 50 in Block I and said this was approved in April of 1974. He also pointed out Lots 55 and 56, and Lots 13, 74, 15, and 16 in Block H.which is across the street. He said these were all approved for this type of variance in February of 1973. He said the Board of Appeals had recommended approval of.the request since there were no o`)ections and this type of variance has been granted in the ar2a. Mayor Nee asked if the property is in the flood plain and the Pub]ic Works Director said it was not. • MOTION by Counciiman Fitzpatrick to approve the variance for Lots 53 and 54, Block I, Riverview Heights, the same being 528 Glencoe Street N. E. Seconded by Councilwoman Kukowski. Upon a voice vote, all votina aye, Mayor Nee deciared the motion carried unanimously. • MOTION by Councilman Breider to receive the minutes of the Board of Appeals Meeting of April 29, 1975. Seconded by Councilman Starwalt. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. RECEIVING THE MINUTES OF THE ENVIRONt�IENTAL QUALITY COMMISSION MEETING OF APRIL 15, 1975: MOTION by Councilman Breider to receive the minutes of the Environmental Quality Corr�nission Meeting of April 15, 1975. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimousiy. RECEIVING THE MINUTES OF 71iE CHARTER COMMISSION MEETING OF APRIL 15, 1975: MOTION by Councilman Starwalt to receive the minutes of the Charter Commission Meeting of April 15, 1975. Seconded by Councilwoman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously.� RECEIVING THE MINUTES OF THE HUMAN RELATIONS COMMITTEE MEETING OF APRFL 17, 1975: MOTION by Coun�ilman �itzpatrick to receive the minutes of the Human Relations Committee Meeting of April l7, 1975. Seconded by Councilman Starwalt. Upon a voiee vote, al1 voting aye, Mayor Nee dec7ared the root�on carried unanimous]y. Mayor Nee said he had received a letter from Mr. Harold Belgum. Mayor Nee explained � there i.s a possibTlity of a foundation working with a number of other communities in Anoka County and Mr. Belgum has asked the Council if they would be willing to proceed , with such a project. , t � � � \ Mayor Nee sai3 he thought this request should appear on the next Council agenda. Mayor Nee said he did not know how much money he was requesting. Mayor Nee said these funds would be used for the ethnic celebration the coming surr�ner. . RECEIVING THE INFQRMATION CONCERNING REQUEST BY MR. FRED 4lALL 70 GRANT EXTENSION OF TIME ERIOD ON VARIANCES PREVIOUSLY APPROVED: The Public•Works Director said he had brought this to the Councilin form of a status report. He said it would be approp►•iate for the Council to receive the report and forward the request to the Board of Appeals for their revie�a and recomnendations on the variance reapprovai. He mentioned that there i3 a request submitted to F. H. A. for their dpproval and with tnis type of procedure, there may be some delay. Councilman 8reider asked what date the year term of the variance would be concluded. The Public Works Director indicated this would be t�1ay 28, 1975. He said the Board of � i , � f i ; ' I34 REGULAR COUNCIL MEETING OF MAY 5, 1975 PAGE 12 Appeals and back to the Council before the expiration date. The Public Works Director pointed out that the request for the extension should be submitted to the City Manager 20 days before the expiration of the year, and this had been complied with. Councilman Breider said then, they would not have to come in and reapply. 7he Public Works Director said no, because the extension had been requested. MOTION by Councilman Fitzpatrick to refer the request for the extension of the time period on variances previously approved for the Wall Corporation to the Board af Appeals for their review. Seconded by Councilman Breider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. CONSIDERATION OF INQUIRY REGARDING WATER�PROBLEM AT 5950 BENJAMIN STREET N. E. REQUEST BY MR. ROBERT ERICKSON : Mr. Robert Erickson addressed the Council and indicated there is a continuing problem with the water from the streets running across this property. He passed out materials indicating this problem to the Council and also some pictures of the eroded area. Mr. Erickson explained when the City put in the street on Gardena and Benjamin, they put the street in so that the storm sewer water drains on his property. He pointed this out to b� 5950 Benjamin Street. Mr. Erickson referred to the City's map of the area and indicated it was a rather conservative map. He sa:� the water drains into his property from the north one half of Gardena and also from Benjamin Street beyond 60th. Mr. Erickson said he would-like to go over a few figures and noted there is 26,000 gallons of drainage into the area which would create a pond three feet deep and from 30 to 4Q feet wide. He continued stating this is a recurrent thing and he had been attending meetings with the Council concerning this problem for two and a half years. He said the last time he had appeared before the Council, he had been told that the Council would get back to him with some solution to the problem. He said after about a year, he thought it was about time to�again request some solution. Mr. Ericl:sion said he was requesting the City tn initiate the plan he had proposed for the storm sewer drainage and also take care of the damage to his property. He said he would like to know what the City planned to do about h.is property. Mayor Nee said there had been three concepts presented to the Council for solution of the problem. He asked Mr. Erickson which of the three proposals he was referring to. Mr. Erickson said he would like the less expensive proposal. He explained this was proposed at the cost of $20,OOo. Mayor Nee asked what the problem with. the proposal had been. He asked if there would be some problem with freezing. He said he saw no problem with the proposal. The Public Works Director comnented that this was not a permanent solution to the problem. Ne said the solution should take into account a11 of the water in this drainage district. Mr. Erickson said he did not know of any objections to the plan he had proposed. He said no one in the area has any plans for selling their property, they would like to leave it natural. He also mentioned he would have no objection to the natural water being directed to the area, but he did object to the directing of the storm sewer water being directed to his property. He said a catch basin had been installed and the water is draining into his private property. He said the City is not taking care of the drainage and he had thought that this was to have been taken care of. He said he had tried to get some actian for two and a half years. ' Mayor Nee said he had gone by the area and it was dry. Mr. Erickson said it drains into the area and stands for a couple of days after a rain. He said it would be better to�review the area in a rain fail. Ne said he thought at this time, the Council would agree that it is execssive and it would be evident what kind of damage can be done. Mr. Chares Majeski, 1570 60th Avenue N. E., was pointed out as the adjacent property owner. Mr. Joseph Peterson 1565 Gardena Avenue N. E., addressed the Council and said he owned the property at 1565 and also 1568 Gardena. He said he had no intention of selling the back Lot, he had purchased the property in this area for a large yard. Mr. Joe Pete'rson said he felt everyone on the block is involved in t{iis problem. He said there is a circle of houses with vacant lots behind the houses and all five lots slope into the valley and this is a correnunity area for the people on the block. He said the people of the area have the best nature center around. He said all of the water is being deposited on this property, it does not remain there, it settles into the low area. Mr. Peterson further explained that if there was some sewer system installed �n the area, the lower area would not be filling up with street sand. � REGULAR COUNCII MEETI�lG OF MAY 5, 1975 _. _ __ ---- -- - � 3 t35 i PAGE 13 '. � Mr. Erickson said there are people in the area that had been there since before the � improvement of the street and they have said that this was not the situation before this time. He indicated that there had been a garden in the low area many years ago and now this would be impossible because it would rot. Councilwoman Kukowski said she had heard of this garden and thought this was in the low area before the installation of the street. Mr. Erickson said the area being drained 9s now greater and the ititensity of the water being drained is greater. He said the people that had been in the area for many years would attest to this. Ne �hought the engineering facts would a]so attest to this. Water had run into a larger area before, now it is directed into his yard. Mayor Nee asked if the people of the area are willing to petition for and share the cost of the drainage system. Mr. Erickson said he is opposed to the plan proposed by the City and he would favor the alternate plan. Mayor Nee said this would be the plan for tfie less expensive plan. The Public Works Director said he did not feel t�,at this would solve the ultimate problems of the existing area. He �id the people of the area say that they do.not want to develop the back lots. He said this had happened inthe City before and the peop7e had split the lots later. The Public Works Qirector said it would be possible to take care of the water coming from the street with some piping to the low area. Ne said he would favor the elimination of the total water coming into the area. He said if one of the temporary type systems would be put in at this time, the City would have to go back and eventually construct alternate systems such as "B" or "C•". Mr. Erickson said the plan he proposed would take everything from the street and run 5t to the right of way down to 60th. He said the cost of this would be $29,800 versus $40,000. He felt his proposal would take care of the problem that exists at the present time. He said he did not feel that there was anymore potential development in the area. He said if a developer would purchase land in the future, it would be feasible to have him take care of the improvements in the area at that time. Mayor Nee asked if the water could be directed down the street and picked up in another area. The Public Works Directar said the water would have to be picked up and taken from the area. He said he did not know who would benefit exeept the one involved. He said it would be hard to show tne cost benefit without a permanent solution to the problems. Mr. Erickson said there is a drainage district and he thought the people could be assessed for this. He said the assessments had been applied to the work done already. He said it had been done inthe past that assessments were taken from people when they are in the district. He said this could be done at the present time. The Public Works Director said the alternate "B" as suggested by Mr. Erickson could be instalied at this time, bu� in the future, it wouid be necessary to come back and say that there is another assessment for the permanent solution to the area probl�ems. He said this would depend on the development for the permanent solution to the area problems. He said this would depend on the deve7opment of the remainder of the property. Mr. Bailey Tiller, 1535 Gardena Street N. E., said he had paid $6,000 in assessments on his property and he is about to retire. Mr. Tiller recalied before the development \ of the street in the area, there was never any problems with the water until the City Engineering Department come in and chopped down the hill on Gardena and now all the water from Gardena goes down this way to Benjamin Street. He said no one had any complaints before when the water went dowrr Gardena in both directions. He said th�s did not ' hurt anyone. He said the hump on the roadway had been cut off and now it drains on someone else's land. Mr. Tiller suggested that the hump be put back to keep the � water on Gardena Avenue rather than going down Benjamin. Mr. Tiller•confirmed the statement that there was a garden in the low area where the . water now drains and he said this was 33 years ago. Mr. Tiller again remarked that the water should be directed to the natural flow and no one would have any problem, Mr.Tiller comnented that Mr. Erickson�is getting most of the water that drains from his property. ;r • ; 136 � RE6ULAR COUNCIL MEETING OF MAY 5, 1975 PAGE 14. Councilman Starwalt said if this is corrected, Mr. Tiller could be assessed for the improvement. Mr. Tiller said the Engineering Department had directed the water to the private property. Councilman Starwalt asked if the instaTlation of an aspaTt berm would rectify the problems. Councilman Starwalt said he had gained quite a bit of knowledge on the current problems and thought Mr. Erickson had purchased the land without knowledge of the problem. He mentioned that when it rained after the purchase of the property, Mr.Frickson did not know what to do about this problem. He said for P•4r. Erickson to indicate that this was the City problem, he would have to take this statement to task. Coun�ilman Starwalt recalled.the discussion of the previous year and indicated that the water was to be directed to the open area and not wash out the property by the rocks. Mr. Erickson said this had been suggested, but he did not agree with this suggestion. He said he had never indicated that this would be an acceptable solution to the problem. Councilman StarY�alt said he had hoped that Mr. Erickson would say that this would be an acceptable solution. Mr. Erickson said he had indicated that he would do this to protect himself if the City did not take any action. Councilman Starwalt indicated that not all of tha people of the area dre in favor of this improvement and being assessed for it. . Councilman Starwalt askec� if it may be feasible to pipe the water from the street to the low area solving the problems in the grass area. ' Mr. Erickson asked if this would be in lieu of the system. He said this would pipe the water from the catch basin and right of way to the lou! area. He indicated this may be feasible except for the occasional overflow. He said this would be as long as the water did not run across his'property. He said he would not accept this temporary solution for the• storm sewer. He mentioned that there are funds escrowed for the construction of a storm sewer in this area and he thought it was up to the city to plan such a storm sewer. Councilman Starwalt said he thought Mr. Erickson had filled the ditch. Mr. Erickson saicf�e had not. He said there was a gravel road and ditch and there was never any problem. He �id when he had looked at the house to purchase it, the City was in the process of installing the street. He said when he moved in, the street was completed and the catch basin was installed and the drainage problems began. He said he had talked to the neighbors and there was no problem and no dead qrass in the low area from water drai�:ning into i*. Ne said after the first good rain the yard was cut away. He continued to comment that there had been this problem far the past two and a half years. Mr. Erickson said there was a small ditch across one area, but it did not carry water. Councilman Starwalt said he had been told that the former owner had a ditch in the area to stop this problem. Mr. Erickson said he had not talked to the former owner. Mr. Erickson continued to state that they were prepared to have some runoff into the low area, but not to the extent that it has been. Councilman Starwalt asked if it would be possible to plant a garden in the low area. Mr. Erickson said no. He said after a rain the low area is under water for about two days. Mr. Joe•Peterson asked why the City would not go along with hir. Erickson's proposal. He said this would be the least expensive and everyone on the block would be happy � about it with the exception of one long time resident. Mr. Pe'�erson said he had , lived in the area for 2£3 years, but he had just bought this property. He said his assessments are not paid. Mr. Peterson said he thought the City wants to construct a street through the center section of the property. He said the City maps indicate there is a street in the area arid the name of it is Hill Drive. fle continued to comnent that there is no street there. Mr. Peterson said he thought the City would be happy to put in the road and the sewer system in the area. Councilman Starwalt asked Mr. Peterson if he would favor the $20,000 plan and Mr. Peterson sayd yes. Ne said he would favor this plan over the other two. Councilman Starwalt recalled when he had visited Mr. Peterson, Mr. Peterson had indi�ated he did not • favor this. Mr. Peterson responded stating that at this visit, three plans had been set before him, and he �vas under the impression that he had to take one of the three ' plans over another. � Councilman Starwalt said the City is not pushing any of the three plans. Ne said if �—� � 1 ; � � � , , ' L_.J � ' 1 , ' REGUlAR COUNCIL MEETING OF MAY 5, 1975 PAGE 15 t�7 Mr. Peterson wants one of the plans instituted, and the people of the area also favor this, there would be no problem. Mr. Peterson said something would have to be done. He questioned what would happen if everyone deposited their garbage in one yard, and compared this to the problem being experienced by Mr. Erickson. Mr. Peterson said some- thing would have to 6e done about the drainage problem in the Erickson yard. He indicated that Mr. Erickson was the only one with this drainage into his yard. Mr. Peterson said it did not drain into his own property. Councilman Starwalt said this could be done with the understandinq that if there are any future improvements, the property owners would be assessed for this. Mayor Nee questioned if the City would have to issue the lot splits in the future. He mentioned that two of the lots inthe area had already been split. He said he did not think the City would.be compeled to put inthe street even if the lots were split. Mrs. B. L. Lillemoen , 1583 6ardena Avenue N. E., said she liyed on the corner lot and there is no road on her property and there is a road indicated on the map on the screen. She said she had no road on her deed. Mrs. Lillemoen suggested that Mr. Erickson creatF a ditch to the pine trees. She mentioned other area residents who had installed such a ditch. She continued to state that she could not afford the kind of assessments that would be created by such a project. Mrs. Lillemoen said Mr. Erickson had duq holes around all of the trees to get the roots out, why cQUldn't he dig a ditch and put in the pipe. She mentioned that�this is the property owner's problem and not all of the other residents should have to pay for it. Mrs. Lillemoen also mentioned that the storm sewer line could possibly be directed to the outfall in the area of Rice Creek rather than routed around in the suggested manner. She thought that with the present proposal the digging would have to be just as deep. The Public Works Director andicated that the storm sewer referred to by Mrs. Li'lemoen did not go to Rice Crrek, it was directed to Moore Lake. ' Counci]man Starwalt said they would have to dig twelve feet deep to go to the suggested . system. Mrs. Lillemoen said they would have to go deep to get the currently proposed � system. Councilman Starwalt said the cost k�ouTd be far greater with this proposal by Mrs. Lillemoen. Mrs. Lillemoen said she objected to the construction of a storm sewer in this area. She said this was not necessary at the present time. She further stated that no one wants the road installed in the center of the p�°operty. Mrs. Lillemoen said she thought the construction of a system of clay tile or culvert covered with grass would be a proper system for this area. , Councilman Starwalt said he was not prepared to move on 'the installation of the storm sewer at the present meeting. He saizl any one of the three proposals, or something better could be used if the people of the area agree. Counciiman Starwalt said he thought the suggestion of the Gardena runoff should be discussed. ' ' � Mr. Dennis Schneider, 6190 Stinson Blvd., addressed the CounciT and indicated he was not familiar witli.ihe current problem, but added less than one month ago, the Council said it was the City's responsibility to tal;e care of the water if it drained on private property. Mr. Schneider said he thought the CoucniT was being quite inconsistant Mr. Joe Peterson said everyone agrees that something should be done. Everyone lives on the street and everyone contributes to the water. He also mentioned that one after another, the neighbors had btacktopped their driveways and there is more street area now, Mr. Peterson questioned the method of construction that would install a hump in the street at the present and additional section of improvement in pieces, He suggested that the complete system be installed at one time and at the present time because the costs of constuction are steadily increasing with the delay. Mr. Erickson said he thought that his suqgestion for a solution would be better at the present time. He said that.no one knows when the area would develop, this may be 20 years. He also said that the developer of the property, if there is one, couid take care of the improvements at that time. Mr. Tiller said the hump he had suggested would not need to be very large, this could consist of one load of asphalt. �--- _.,.„_ 138 ____ .___. - �---, i REGULAR COUNCIL MEETING OF MAY 5, 1975 PAGE 16 Mayor Nee asked where the water would go if the hump was created, would it just stand, Councilman Starwalt answered that before it ran down Gardena to the east. Councilman Starwalt said he thought this would be a good solution. Mr. Tiller commented that he and others in the area were very unhappy wi.tb the consturction of 60th. He added, the drainage was created to other people's land. He thouqht that the drainage should go to the storm sewer, not on private property. Mayor Nee corrmented to Mrs. Lillemoen that there is a new provision for senior citizens where their assessments can be deferred until they sell their property. He said the Council could postpone levying the assessments until the time the property is sold. Mayor Nee said Mrs. Litlemoen would not have to have unusual concern about possible assessments. Mrs. Lillemoen comnented further on possible solutions to the problem and again indicated that no one wants a road constructed. fNr. Peterson said he had money in escorw for the storm sewer project which had to be placed in escrow with the City at the time he had purchased his home. He said it was. his understanding that one person does want h�s money back at the present time. He said if this is the case, would they have to F,.y for this storm sewer construction some time in the future. He asked if they would have to take a second mortage out on their homes when the money is in escrow. The City Manager said this concern has a long history. He said if the area had not• been developed, there would be no drainage problems. He said the construction of additional homes and driveways is going to accelerate the problem. He said thewater does not seep into the �round anymore because of the development of the area. He said the amount of runoff and the intensity had increased, this will happen when the land has been tampered with. ' The City Manager said the Crx�ncil had allowed some of the property to be split and some people desired to develop their land and it was split. He said there are two on the south side and one on the north side. He said these properties have no access. He said if the Council wants to change direction, this could be done. He recalled in 1972 there had been a proposal for storm sewer in the entire area, but the people opposed this. He said if the system had been constructed at that time, the cost would have been two-thirds of the cost of today. He said this would be a matter of going along with the desire of the people of the area. He said even if the project had been ordered, the system has not been installed. The City Manager said there is no question af whether the storm drainage ran to this area before, it did, now, with the development of the area, it gets there sooner and more intensly. The City Manager said it would be possible to help direct the water to the low portion of property and it would also be possible to create a hump in the road, but this would only direct the water to someone else's property. He said money could be taken from the maintenance budget to help in directing this water. Another alternative would be for.the City to acquire the property for the easement and drain the area into it. He added, if the property is acquired, the neighborhood would have to be assessed for this. He said this would be the less expensive alternative to follow. He said the project could be initiated to install a system along Benjamin and 60th if the area would be willing to accept the assessment. The installation of the project in the area would be very expensive. He hoped there would be more � money in escrow for.the area and tie system could be installed. The City Manager said the City could create the berm on Gardena, secondly they could work with Mr. Erickson to minimize the current problems and this would be without any direct cost to anyone. Thirdly, the City could acquire land and assess the entire District. He said a fourth alternative would be if everyone in the area agreed, and the entire drainage district could be assessed for the improvements. Ne said the next proposal would be the fifth, to wait until the area is devaloped. The City Manager said any of the three iast proposals would get the whole neighborhood involved. He �nentioned that the Council could not decide on this action when only two or three people are at the present meeting. Mr. Ericksan said the water from the entire drainage district is being directed to his property, He said he did not believe the assessing was being done in the manner just stated, wheh he was being assessed for improvements in other areas. He said the whole � district is assessed. He mentioned that money had been escrowed and the City had indicated that when there is enough money escrowed, the system would be installed. ' He said if property is sold in the area, the people would have to pay and never receive anything for this money. He said 3f the City would be wiTling to pipe the water from the catch basin to the low area, he would beH�iTl'ir� to accept this '�.� solution just so that the water is not running across his front yard. He said he would � � , � � � � , � . , � , REGULAR COUNCIL MEETING OF MAY 5, 1975 l39 PAGE 17 work with the City in dedicating the necessary easements. Mr. Erickson said he would not want his escrow money applied to this temporary construction. The City Manager said he is sympathetic with Mr. Erickson and the problem on his property. He said the City Coucnil should be cognizant wiih the problem and he said he would not want to get into a legal battl.e with Mr. Erickson. He mentioned that the City would have to be sensitive to Mr. Erickson's problem and also to the eniire neighborhood. He again mentioned that they would have to take care of the whole drainage problem and the property could be acquired to do this. He mentTOned that the city does own one quarter of the qroperty,aiready. He said the cheapest solution to the problems would be to acquire the property and this would not allow any further development. Mayor Nee asked if.theCity had received any request for the development of the street. The City Manager said no, the property could be acquired and everyone in the area could be assessed. He said many of the alternatives have to have the consent of the whole area. Mayor Nee suggested that this consideration be brought back at ±he first meeting in June and the people of the area talk to the Ward Councilman, Councilman Starwalt, and the City Manager to determine if in the interim some agreanent can be reached. Mr. Erickson said the real temporary thing would be to pipe the drainage across the yard and if it is underground, this would be agreeable as a temporary solution: The�Public Works Director said there is a possibility that the pipe could create a flood in the roadway. Mayor Nee said this would allow several weeks to work on same solution. Councilman Starwalt said he had talked to Mr. Erickson and he had indicated that he would go along with the piping proposal. He said he had not considered the freezing. He indicated if there wouTd be some way to alleviate this problem, he thought this would be a good solution if the escrow account would not be jeopardized as it exists. Mr. Erickson .pointed out that it would be impossible for the City to acquire the land ' � for the natural drainage, since this easement would be across his front yard. He requested if something is to be done, that this be on the side yard line as is done . in all other instances when easements are acquired for piping. � The City Manager said there shouid be some direction on the part of the Council because there is a limit to what can be done. Ne mentioned that there are escrow monies being obtained for the area and he questioned how long these �tt4.t:t1d be held. He asked the Council to set a time. He said either this should be done or the easements should be acquired. Mr. Erickson said this could not be done, because they would have to , acquire his front yard. Ne said they would end up paying an assessment and having the same problem. � '� � , � The City Attorney said there is no question whether water is allowed to flow there. He mentioned even if the City has not created additional water in the area, the City faces some liability for the erosion. The City Manager said he thought the City has legal and probably some morai obligation to take care of the problem. He 5aid another factor that has to be cons9dered is the escrow money. He said this is to be credited to the project and if the money is held any longer, there has to be a project in reality in the near future. He said the City would have the option to order the project and to use the escrow monies for this project. He mentioned that the other developers in the area are being required to escrow money and all homes that are sold in the area have to do the same. He said the Council would have to either order the project or release the escrow money in a relativeiy short time. Mr. Joe Peterson addressed the Council and directed his remarks to the alternative of � the acquisition of the land and said the City has the right to condemn property. he � mentioned that the City has the right to do what they want, but this is the type of activity that he had gone over seas to fight, and he objected to the government going in and taking over people's property. fie said he did not like this kind of scare � tactic where the government said they would come in and take the iand away. He comnented that he had worked hard to build up a home for his children and he would not want it to always be in the back of his mind that the City may come in and take it away. � Councilmah Starwalt said the City Manager was not suggesting this. 7hfs was just one alternative brought to the Council's attention. Mr. Peterson said'he ob.iected to this kind of scare tactic. Councilman Starwalt said if this was the case, the people of the area would be a part of the discussion and decision. He added, this would involve the whole drainage district. . Mr. Tiller said he had not noticed any problem until the change in the street. He said if 140 RE6ULAR COUNCIL MEETIN6 OF MAY 5, 1975 PAGE 18 the hump was still in the street, the drainage would go half in one direction and half in another. He said now,ihe drainage is directed in only one direction. He mentioned that under the area there is a creek. He asked if it would be possible to direct the storm water to the creek in �he ground. Playor Nee said the staff is present and if this is possible it would be considered. Councilman Breider asked if Mr. Peterson would object to the street being installed. Mr. Peterson said something had to be done> t��t the area residents had no intention of splitting their property. He asked what the City was waiting for. Councilman Breider said he had talked to another area resident who had indicated that the pipe type of drainege would be agreeable to him. Mayor Nee said another question would be if the Council is going to ar�der the project or not, what would happen to the escrow money. Councilman Breider said another question he had was if the water settled or stood for some length, of time. Mr. Erickson said the water stands for two to three days after a rain. Councilman Breider asked how many times this had happened the previous sumnter. Mrs. Erickson said the last summer she co,•id not remember that well, but the previous summer there was mud in the low area all of the year. She added, it never dried out. . � � Mr. Er.ickson addressed the question raised about the damage done to the yard. He said if the permanent system is not completed at this time, something should be done. Councilman Breider said he thought is wouid be difficult to develop� any of the back lots. He mentioned that only six ar seven in the area could be developed. Mr. Peterson said it would not be possible to develop that many because the City owns some parts of it. Mr. Erickson said they constantly discussed whether the property will be developed and when it will. He said he did not think the whole area should be held up for this deliberation. Councilman Breider conunentnd that he really did not know. Mayor Nee said the Council does not intend to support future development of the area. He questioned the City manager on this statement. The City Manager said he had given the Council four suggestions, and he could not give them direction. He said if the Council feels they will not develop the area, they could praceed with any of the alternatives. He said in this case, the Council shculd choose one of the three alternatives. He said they could also decide that they will not do anything ever. He said if this is the case, the money that is escrowed would have to go back to the people. He said from there on, the City would say they have no project and the people would have to live with the problem. He again mentioned that the least expensive way•would be to acquire land and access the property o��!ners in the entire district. Councilman Starwalt said he would like to suggest that the Administration prepare plans and submit them to the Council for the cost of 6erming of Gardena and also the plans for the piping of the water from the catch basin to the low area, and • submit any other alternatives that m�y be considered. He mentioned that if the area is developed, in the long run the cost of the piping would be wasted. He said he would like this brought back to.the Council in approximately three weeks. Mayor Nee asked Councilman Starwalt if�he wanted to go to the public hearing on the pro�ect and Councilman Starwalt corrmented, not before the Council received the cost figures. The City Manager said all af the people affected would have to be present, not just four. Fle said it could not be resolved without the input of all of the people. He mentioned of the four alternatives presented, one should be reasonably acceptab'e. MOTION by Counciln�an Starwalt to d.irzct the administration to prepare plans for the berming of Gardena and also the plans and cost figures for the Qiping of the storm drainage from the catch basin to the lower portion of the Ericksun property and that this be brought back to the Council to consider at the first meeting in June. Seconded by Cauncilwoman Kukowski. The City Manager said this is only a very small part of the whole area. He said the Coun�il would also have to address the escrow problem He said he is receiving calls from peaple on this concern from time to•time. Councilman Breider said he hoped that when this consideration is brought back with the �` plans and costs that this would be included by the administration. He said he would ,` REGULAR COUNCIL MEETING OF MAY 5, 1975 141 PAGE 19 like a recommendation. He mentioned that he could not see the back property being developed. Mayor Nee said he agreed with this comnent. . The City Manager said the current property owners may notsnli't their property, but what if the property is sold. Councilman Breider said he did not feel that there would be any more development in the future in ihis area, pei°haps only one driveway. The City Manager said if this is the case, it cvould not be possible to have another street in the area. Mr. Erickson said this is what he had been telling the Council. Mr. Erickson asked if the plan he had proposed to the Counci] had been rejected. The City Manager said a71 of the property would have to be assessed and the other property owners would not agree to this. UPON A VOICE VOTE, ail voting aye, Mayor Nee declared the motion carried unanimously. Mayor Nee said he would like the staff and Councilmembers to try to obtain dialogue fromthe people of the area and bring their comments back when the item is again considered: CONSIDERATION OF A REQUEST FOR ANTENNA INSTAL,�TION BY NENNEFIti COUNTY chiERGENCY MEDICAL SERJICES: . A representative of the Hennepin County Emergency Medical Services addressed the Council and stated the request to be to instail an antenna on tne City's 1.5 million gallon reservoir. He mentiuned others were present to answer the Council's questions and make a presentation. Ne called on Dr. Patrick Lilja, Froject Director, to make a presentation to the Council. Dr. Liija addressed the Council and said this would be an advanced system in medical care to this area. He said it would make it possible for communication between the hospital anci the ambulance in service to enable the para-medics to conciuct EKG's etc. He added, this will enabie early and furtP�er care to the patient while beiny transported to the hospitai. He believed that this service would allow for increased medical service for the residents of the area. � Councilman Starwalt asked if the antenna which is on the reservior could be used. Dr. Lilja said no, this one woulo be installed ad,jacent to the existing antenna. Councilman Starwalt asked if there wouid be addit�onal equipment installed. Dr. LiTja said no, if there are any future systems, they would share the antenna with Hennepin County. The Public Works Director passed pictures of the proposed antenna to the Council for their review. He said they had tried to determine the impact of the area and had taken pictures at different distances from the facility and it seems to aimost disappear at some distance. He said it blends into the sur•raundings. Mayor Nee asked if the tests in the arr�bulance could be monitored from the hospital. Dr. Lilja said yes, and the para-medics could talk to the physician and give better care at the scene. Ne said they would also be able to adn�inister the proper dnugs and this would decrease the shock reactions in many cases. He also mentioned in other areas where this type of system is in operation, the occurrances of death from cardiac arrest had decreased considerably. He said one half of those suffering from this type of ailment in Anoka County die before getting to the hospital. He said with the installt�on of the proposed systen, this percentage can be cut. � A representative of the Hennepin County Emergency htedical Services said they would \ like the approval of the installation granted at the �resent meeting because they wished to apply before the grant money runs out. A resident of the area said she would have no objection to the antenna if there were to be no more in the future and if it is to be installed as shown in the picture, The Designer of the equipment addressed the Council and said this would be just as � shown in the picture as far as he knew, this was the only equipment available for this type of communication. MOTIDN by Councilman Starwalt to approve the request for the installation of the antenna on the 1.5 million gallon City reservoir by Hennepin County Emergency Medical Services. Seconded by Councilwoman Kukowski. Upon a voice vote, all. voting aye, Mayor Nee declared the motion carried unanimously. {_.�__ _ .y 142 REGULAR COUNCIL MEETING Of MAY 5, 1975 PAGE 20 The City Manager asked if the intent of the motion would be to authorize the si�►�ing of the agreement and Councilman Starwalt said yes. Mayar Nee said the approval of this system may save one of their lives in the future. CONSIDERATION OF MODIFICATION OF STIPULA7IONS ON AN EXISTING SPECIAL USE PERMIT FOR I IED MOBILE HOME , 7625 NIGNWAY #65 N. E. FORMERLY CASTLE MOBILE HOMES : Mr. Ernie Pasborg> Certified Mobile Homes, addressed the Council and indicated that the business did not have any signs except the large sign that says Certified Mobile Homes. He said they would like to ins,tall two four by eight signs for specials on the side of the homes. He mentioned the surrounding business, Viking Chevrolet and Frostop Drive-In bQth have the smaller signs of this type. Mr. Pasborg said currently the business does not have any way of advertising their specials. He said the coverage on the side of the mobile home would not be in excess of 15% of the surface. The Public Works Director referred the Council's attention to Page 11-J of the Council agenda booklet and indicated that at the time th�t the approval of the large sign was given there was a stipulation that this be appro,red without the installation of additional signs. He said this recomnendation was made by the Board of Appeals at their April 17, 1972 meeting and the Council concurred in the recommendation at their March 20, 1972 meeting. The Public Works Director asked if it would be possible for the business to make use of the large sign to advertise these specials. The Public Works Director referred to the 11th stipulation recommended by the Board of Appeals at their meeting in 1972 and indicated that the units were to be a minimum of 8 feet apart with a maximum of 30 units at the site. He said the current request would be to place the units closer together with a total of 50 units in the display area. Mr. Sobiech said they had also requested that the units in the storage area be only one foot apart. He continued to explain that the Fire Preuention Department had indicated that this request would be appropriate since it would aid to decrease the vandalism of the area. He further said that there would be no problem with the placeinent of 50 units in the display area, this would be more orderly for storage and display. The Public Works Director said he would like the Council to note that the storage area should be cleaned up and this area should be drained better. He said there is water sitting in the area and the storage area is in disarray. He mentioned if the Council approved the rzquest for this area, it should also be cleaned up. The City Manager said the Council would have the alternative of approving the requests or sending the applicant back to the Planning Commission for their review. Mayor Nee said it was his feeling that the matter should be back to the Planning Cammission. MOTIQf� by Councilman Fitzpatrick to approve the modifications in the stipulations for the disp7ay area to place the unit total to 50 and also'the modification in the storage to allow the units to be one foot apart. Seconded by Councilman Starwalt. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. The City Manager said the sign consideration shou1d be reviewed by the Board of Appeals for a variance. He said the staff had indicated their feeling to the applicant ahd the Board of Appeals had reeommended the original stipulation that no other sign be installed. Mayor I�ee questioned the stipulation that the variance had been granted to allow the sign to be 23Q square feet and the sign is 300 square feet. The Public Works Director said the 300 foot figure indicates the total amount of sign area including the �, border. He added, the City does figure from the outside area of the sign. Mayor Nee said some of the City signs are grandfathered in and have this protection. The applicant said the sign was in existance when they began business at this location. The Public Works Director said the sign was a billboard and now it is the business sign. He said the sign had been converted to a business sign related to the property it is on. MOTION by Councilman Starwalt to refer the consideration for the request for additional signs at Certified Mobile Nnmes to the Board of Appeals for their consideration. Seconded by Councilman Fitzpatrick � � I , � . ,� i. � REGULAR COUNCIL MEETING OF MAY 5, 1975 l43 PASe Zi � Mr. Maxwell, Certified Mobi]e Nomes, addressed the Council and asked if it would be f �ossible to obtain a copy of the sign ordinance. He indicated they may wish to eTimi- r�ate the large billboard and look into another type of sign. The City Attorney said as another alternative, they should look at the possibility of using the large sign in different manners. Mr. Maxwell asked if it would be possib7e to install a sign where the letters could ba changed io change the message such as the Frostop sign. Mayor tdee directed the applicant to discuss inis with the Board of Appeals UPON A VOICE VOTE, all voting aye, Mayor Nee declared the motion carried unanimously. CONSIDERATION OF A RE UEST BY MENARD'S LUMBER TO INCORPORATE A MESSA6E CENTER INTO NEIR EXISTING SIGN: Mr. Lehan J. Ryan, Attorney from St. Paul, representing �tenard's Lumber Company, addressed the Council and reca7led the hisiory of ihe consideration of the City in tne installatipn of the Menard's Sign. He indicated the request to be for the incorporation of the message center at this time in order to advertise such things as a carpet saie. 'He said there is considerable discussion concc �ning the incorporation of the message center and the Menard's people had obtained many certificates relating to the safety , factors considered in the denial of the original request. - ' Mr. Ryan said he had �ried to Tocate as many signs such as this in the area and he had obtained statements from the local law enforcement officials regarding the safety and traffic conditions relating to the use of the signs. He said he had also contacted the � Highway Department for statements. He indicated that he had a ietter concerning the piacement of the sign for North Central Airlines by the airport from the State Traffic ' Engineer. He also indicated that tnere had been a meeting witn the City Public Works Director and staff and a presentation had been made. He said at the time of the presentation the Menard's people had asked for a recommendation from the staff concerning � the installation of the proposed message center. He said this recommendation is on Page 12 of the agenda. Mr. Ryan referred to the material suomitted to the Council and said he would briefly summarize the presentation. , I� � � Mr. Ryan again explained that they had received letters from various officials in which they had commented concerning the instaliation of such signs within the Twin City area. He referred the Council's attention to the 7etter received from the Nighway �epartment and in�icated that the official was some�rrhat reluctant to take a position on the sign because there had not been any studies made concerning this by the Highway Department. He explained that he had requested the letter on the official's own judgment of the circumstances. He said this letter had been submitted to the Fridley City Council. Mr. Ryan referred to the portion of the presentation regarding the sign in West St. Paul with such a message center ahd said it is the same sign as the one proposed in the Fridley carea. He said in every case, the comments were that the sign does not relate to any traffic safety. He again mentioned ihe North Central Airlin�s sign and said the Highway Department official said it may attract the traffic's attention, but does not relate to traffic safety. Mr. Ryan said the City Code prohibits an iiluminated sign from changing. He said there is a technical presentation availab]e to explain the concept of the proposed sign which would indicate that it would be permitted by the City's present ordinance. He said this is not a flashing sign, it is a cnanging sign. Mr. Ryan continued his presentation by referring to the message center sign on Robert � Street in West St. Paul and sai.d the Lieutenant of the Police Department said they had \'' also been concerned about the installation of the si9n in that area because of the traffic \ and now he has indicated that there has been no accidents reported because of the sign, � but he had received good comments concerning its installation. Mr. Ryan also referred ' to the sign on the First National Bank in Shakopee, Minnesota, and said the Chief of � Police has indicated that no accidents have been caused from this sign. He also comnented that there is also a sign on West Lake Street which is a very busy street in ij the City of Minneapolis and the traffic engineer gave a statement that there were no ! traffic accidents related to the s9gn. .� Mr. Ryan said there had been many accidents in the Twin City area, but not one could be attributed to the installation of a message center sign. He said there are many distractions for traffic and they cannot be eliminated. _._ __ __ II�� J ' ' 144 REGULAR COUNCIL MEETING OF MAY 5, 1975 • PAGE 22 Mr. Ryan said he had met the challenge presented by the Fridley City Council and come back with the information that the sign is not a hazard and requested permission to . turn on the message center portion of the sign. He adc�d all will agree that the sign is attractive. Mr. Ryan pointed out that the Manager of Menard's, Mr. Larry Menard, . was present at the meeting as well as Mr. Ralph Carpenter of American Sign Indicator Company. . Councilman Fitzpatrick asked if there was some reason that this cqnsideration had not gone to the Board of Appeals. The Public Works Direcior said this was because the petitioner wanted to come before the Council. Councilman Starwalt said he did not at any time feel that the traffic safety was the sole reason that the message center was not approved by the Couneil. He said the City's ordinance prohibits this type of use. Mr. Ryan said Menard's was not trying to circumvent any administrative procedures, but they had been at the Board of Appeals and ali of the information had been give to the staff to allow them the time to review it. He said they had gone to the Board of Appeals at the original request and the staff had not objected to them coming straight to tMe Council for this consideration. Mr. Ryan �,.id the Council had indicated that they could come back the next year and he added, this is said with a full degree of confidence The City Manager referred to the Memo in the agenda from the Public Works Director and sait! the staff had made-a determination that the request would not be allowed by the City Ordinances. He said if the Council thinks it should be allowed> this.cannot be done by variance, they would have to change the ordinance. Councilman Breider said he felt this was a different situation and he recalled that at the original consideration, he had complained loudly. He said presently he had no hangups on the sign. He said this�type of sign may be better than the type where the letters are changed. He �hought that this may be allowed on a trial basis for the period of from two to three months. He said the Board of Appeals could be asked to review the matter and if it is acceptable to the corrmunity, the Council could review the ordinance. The City Attorney said he honestly did not think this was what the ordinance was addressing itself to when it was written. He thought this type of sign was intended to be permitted or there would not be the exception in the mention of the time and temperature signs. The City Attorney said the Council should determine whether they want to permit this type of sign in the City, and if so, amend the ordinance. The City Attorney said he wou'd go along with the thinking of Councilman Breider that this should be allowed and reviewed for a short trial period, and if it is feasible to have them continue use of the message center, the ordinance should be amended. The City Manager said the staff had recomQnended against allowing the sign to operate. He said he was only stating the alternatives. Councilman Fitzpatrick said he would go along with the City Manager and thought that this sign is precluded by the ordinance. He said it would seem to him that the sign was not distracting his attention, the sign would not be doing any good either. He said this sign is located at an interstate interchange. Mr. Ryan said all types of other signs attract attention also and it is questionable if this is dangerous. Ne said the documentation presented to the Council indicates that this sign would not be a detriment to the health, welfare and safety of the community. Councilman Starwalt said he did not think the sign would enhance the safety of the community. He said he agreed with Councilman Fitzpatrick that this is not the location for this type of sign. He said he did not care what the State people had said. The Public Works Director explained that he had gone out to look at the signs listed within the presentation by Menard's. He indi.cated that he felt that he was being distracted by the moving message cneters and especially the sign on Lake Street. He said he had to slow down and almost stop to wait for the sign to change to read the message. �Mr. Ryan said slowing down tis not all that bad. Ne mentioned that the West St.' Paul lieutenant is happy with the sign. Mr. Ralph Carpenter said some flash on and off, and this one would just move in the message mode portion. The City Attorney asked which type of operation would be used if the Council would approve the message center in this sign. Mr. Carpenter said the sign company reconmends the on and off type. ' ' ' , � . � n, I_J I� �� REGULAR COUNCI� MEETING OF MAY 5, 1475 l45 PAGE 23 Councilman Fitzpatrick said the signs do attract his attention and this does affect his safe driving. He said his objection would be that this location would be very bad for a flashing sign. Councilman Breider said he thought this would be moving message mode. Mayor Nee said he had some real reservations on the proposal. MOTION by Councilman 5tarwalt to deny the request for the operation of the message mode as requested by Menard's Lumber. Seconded by Councilman Fitzpatrick. . Mr. Ryan asked if the Coancil intended to deny the use of the tr.ial period. Mayor Nee indicated that the intersection would be rebuilt and at that time there may be some changes. He said the intersection is very complicated at thepresent time. Councilman Starwalt indicated that this change would not help in the consideration of the install- ation of the sign. UPON A VOICE VOTE, Mayor Nee voting aye, Council�voman Kukowski voting aye, Councilman Breider voting nay, Councilman Starwalt voting aye, and Councilman Fitzpatrick voting aye, Mayor Nee declared the motion carried four to one. Mr. Ralph Carpenter asked if it would be possible for Menard's to change their message once per hoiar rather than the one time a day that is currently being done. Ne said this would not be flashing. Counciiman Starwalt said he felt any further consideration should go to the Board of Appeals. Councilman Fitzpatrick said the people would not drive by the business one time per hour. - Mr. Ryan explained that the item that is on sale in the morning may not be on sale in the afternoon. He said this would be done according to the need. The City Manager said that at the time of the original request, the Council had indicated this could only be done one time per day. He suggested ailowing the applicant more leeway rather than them coming back in a few days. He said this could be done as a part of the variances originally issued. He suggested that this be taken care of by the Council rather than starting the process all over again. Councilman Starwalt said he was not against all signs, but he did not like the flashing signs. He said he did not think that the time and `�temperature should be put on a rr�ssage sign at this location. He said he did not think that it would be a safety haiard if the sign would change every five minutes. He did mention that there are times that this would be bad for the safety at this location. , Mayor Nee asked if it woald be feasible to grant the request for a change once an hour, He said this would not bother him. Mayor Nee referred to the sign on Sneliing and Selby in St. Pau] and said he had experience with this sign when he is driving in the area and he personally felt that this is a hazard because one must slow down and almost ' stop in order to read the compiete message. Mr. Ryan,mentioned that this sign was listed within the presentation and the comnent was that this sign was definitely not a hazard of any type. Councilman Fitzpatrick said the City Council is not against signs, in fact they have an ' i ordinance to provide signs. He mentioned that signs are not allowed in other areas. He mentioned he thought the proposal should go to the Board of Appeals since the Council's reaction was in support of their recommendation. Mr. Ryan said going all the way back to the Board of Appeals would not be an answer to the appiicants. � I� � � MOTION by Councilman Breider to allo�a the once an hour change in the message on the Menard's Lumber sign. Seconded by Councilwoman Kukowski. � Councilman Starwalt advised the applicant that he would not want them to come back with � additional requests in the future concerning this sign. Mr. Larry Neard addressed the Council and said they would like to be a part of the corrmunity and he suggested they i, display community messages on the sign if the Council wished this. Councilman Breider j said their point in denial wouid be that the sign wouid be flashing and they could not , buy this concept. UPON A VOICE VOTE, all voting aye, Mayor Nee declared the motion carried unanimously. Mr: Dick Harris, Planning Commission Chairman, addressed the Council and stated that he was not surprised that the Council had bent the sign ordinance again, becaase it had been bent so much a]ready. ,�--• --- —__ _— i 146 REGULAR COUNCIL MEETING OF MAY 5, 1975 RECEIVING PETITION N0. 3-1975 - FOR STOP SI6N ON 75TH AVENUE AT HAYES STREET: PAGE 24 MOTION by Councilman Breider to receive the report from the Administration concerning the stop sign on 75th and Hayes Street. Seconded by Council�voman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. MOTION by Councilman Starwalt to receive the report from the Police Department concerning the survey done by the Police Department. Seconded by Councilworran Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Councilman Starwalt said he agreed with the recommendation of the staff in that a stop sign should not be placed at this location. Mayor Nee co�nented that when such a survey of speeding is done by the Police Department, an unmarked car should be used. Councilman Starwalt said he agreed that representative traffic surveys could not be obtained with marked cars. Mayor Nee asked what the point of surveying the area would be with a marked car. RECEIVNG THE BIKEWAY/WALKWAY PLAN AND SETTING PUBLIC HEARING ON THE PLAN FOR JUNE 9, 975: MOTION by Councilman Breider to receive the Bi'.�way(Walkway Plan and set the public Hearing for this plan for June 9, 1975. Seconaed by Councilwoman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. CLAIMS: - GENERAL 39848 - 39969 LIQUOR 9779 - 9789 MOTION by Councilman Starwalt to pay the Claims. Seconded by Councilwoman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously LICEPdSES: Mr. Wallace Schmedeke, Smitts Motor Company, 5649 University Avenue N. E., addressed the Council and informed them that he was a used car dealer in the City who is currently licensed and bonded. He said there is a dealer who is licensecl in Spring Lake Park and lives in the City of Fridley that is selling cars from his home. He said the operation is located in the area of lth and 57th Avenues. Mayor Nee asked if the man is selling more than one car at a time. Mr. Schmedeke said he is selling two and sometimes more. He continued to comQnent that he must buy a bond to sell cars in the City and also obtain a license. He questioned why this should be allowed when he would be able to do the same thing from his home. The City Attorney said this problem had been discussed. The City Attorney pointed out that there is a City license required to display and sell used cars at a dealer- ship. He said he had talked to other members of the staff concerning this and it had been brought to their attention that the home occupation is allowable in the City. He said this would be permitted if there was no detrimental effect on the neighborhood. He said he would be allowed to have ane or two cars in the driveway and this would not be a violation of the zoning ordinance. He said this ordinance said this type of home occupation would be allowed as long as there is no external change in the residential property. The City Attorney said whether ar not the man would need a license in the City of Fridley, he would doubt if this would be true. He said he is not realiy operating a used car lot at this location and he assumed that the man does have a state license. � Mr. Wallace Schmedeke expressed the view that he could drop his City license and sell � cars from his home. He said this would be true as long as the person had a state license. The resident said he could drop his City license and sell cars from his home and save $2,500 in taxes. Ma;or Nee indicated the administration would prepare a report on this activity and send him a copy. Councilwoman Kukowski said she would like to receive such a report and the recomnendation from the administration. MOTION by Councilman Starwalt to approve the following licenses as they were listed in the Agenda. The motion was seconded by Councilman Breider. Upon a voice vate, all voting aye, Mayor Nee declared the motion carried unanimously. i i � z � s � � . � � �6 �. � � � � L47 i ; . , �� ' REGULAR COUiJCIL (�1EETING OF MAY 5, 1975 PAGE 25 ; :,: 0 � \ � i ' .. . . _ .. . .. -- ----.. . ; �I,AC�:TOYUING IiPYROVED BY � Asphalt Drive:oay Co. � 1211 I:ast Hignway ;�36 St_ Paul, Iln. 55109 By: Kenneth G_ Smith D. Clark RENEidAL i i C& S Blacktopping Co. � i 8832 iaest Broad;aay ! Minneapolis, t�In. 55445 By: Mike Stanton D. Clark REN��a,T; . . � D. J. �rone & Son's Inc. I r I � 2020 = 117th I,ane 27.E. ! 331aine, Mn. 55434 By: Dennis �. Krone , D. Clark ItEtdES•7SL � Nlinnesota Roadways Co. . . I � 4620 T�est 77th Street � blinneapolis, :m.- 55435 By: Jack C. Mueller D. Clark 1tENEI7AL ' � { Nlodern Roadways Co. i � 1620 I�innetY,a Avenue North I � Minneapo2is, Idn. 55427 By: Edgar R. Smith D. Clark R�NE�7AL 4 �XCAVATING • I ` Berghorst Plumbing & Htg. � � 10732 iianson Boulevard � Coon Rapids, Mn. 55433 By: Kenneth &erghorst D. Clark RENEF4AL { Carl Bolander & Sons Co. � � 2933 Pleasant Avenue � � Minneapolis, �1n. 55408 By: Roger E. Erickson D. Clark RENE[�1AL � Brighton E�cavating . , 1920 Highway n96 � New Brighton, IIn. 55112 By: George A. Indykiewicz D. Clark RENEi�Ai, E Nouser Corporation . ' � �S-77th T�ay N.E. � �: Fridley, 2fln. 55432 8y: Edger W. Houser D. Clark RENEi�7AL Jarson's Service Co. � ' �I80 Xylite Street N.�_ 37inneapolis, D]n. 55434 By_ i.loyd M. Jarson D. Clark • RENEI�AL s Julian D1, Johnson Const. Corp. 2229 Osborne ]:oad � � r .h7inneapolis, bin. 55432 By: Julian M_ Johnson D_ Clar7: RENEWAL . Kadlec E�ccavating Inc. 724 T]ain Street N.TJ. Anoka, PIn. 55303 By_ Donald A. Kadlec D. Clark RENEwAL n t i � 1 � � � i_ 148 � •REGULAR COUNCIL MEETING OF MAY 5, 1975 United i9atier & Sewer Co. 5200 Eden Circle Edina, rin. 55436 IIy: tVallace Owczarzak 47aalen & Sabby Inc. 9082 Po1k Street N.E. ' Blaine, t•in. 55434 By: James M, t9aalen GAS SERVICES Advanced Heating & Air Cond. Inc. 7805 Beech Street N.E. Fzidley, Mn. 55432 By: Donalci C. Hodsdon Air Comfort Tnc. ' 3300 Gorham Avenue Minneapolis, Mn. 55426 By: Donal G. Ruden Atkins Plumbing & Heating Inc. 2531 t4arshall Street N.E. Minneapolis, Mn. 55418 By: Howard J, AtY.i.ns Backdahl & Olson Plbg. & Htg. Co., Inc. 3157 Chicago Avenue �' Minneapolis, Mn. 5�407 By: Clarence R. Olson Beldon Porter �ompany 315 Royalston Avenue Minneapolis, D1n. 55405 By: James K. Gustztson Berghorst Plumbing & Htg. . 10732 Hanson Boulevard Coon Rapids, Mn. 55433 By: Kenneth Berghorst Buchman Plumbing & Heating Co., Inc.' � 3035 Lyndale I�venue South Fiinneapolis, Mn. 55408 . By: ��alter Lippa Cronstrom's Fleating & A/C Inc. • 4910 Excelsior Boulevard Minneapolis, t•In, 554I6 By: Lowell C. Anderson Louis DeGidio Oil & Gas Burner 6501 Cedar Avenue South biinneapolis, Mn, 55423 By: Louis DeGidio Domestic Heating Co., Inc. 9110 Grand Avenue South �IIloomington, D1n. 55420 By: Gary W. O'Keefe I�n's Air Conditioning & Heating Inc. 40I7 Central Avenue N.E. Columbia }teights, Din. 55421 By: Donald L. Dickison PAGE 26 � �� e . i � D. Clark Tt�NEWAL � � � t 4 D. Clark RENE��7AL � � � � � ��. Sandin RENF.WAL � �p t E W. Sandiri RENEZ7AL t , I � t Za. 5andin RENEWAL i � W. Sandin RENEFIAL t �. i W. 5andin RENEWAL �; �, W. Sandin RENEt9AL � ;. S�. Sandin RENEWAL � �: W. Sandin RENEWAL W. Sandin RENESJAL W. Sandin RENEWAL ' I . i LJ. 5andin RENEt�AL �� i�� t-- I � , I I' . �4y REGULAR COUNCIL MEETIN6 OF MAY 5, 1975 PAGE 27 �gan & Sons Company ' 7100 13edicine Lake Road •Miimeayolis, I3n. 55427 By: Roy Straiton i�. Sandin RENE��IAL Frank's Heating & Sheet tfetal Co. � 2�31 P]arshall Street N.E. � Minneapolis, t3n. 55�1II By: Frank Vogt W. Sandin REIJE:]AT. Gas Supply, Inc. 2238 Edgewood Avenue South Minneapolis, rin. 55426 By: S. It. Mavickas �,1. Sandin RENEwAL Ideal Heating & IS/C Inc. 3116 Fremont Avenue North Minneapolis, Idn. 55411 Bye A. :.. Vasenius S�. Sandin RENEWAL Kleve Heating & ?�ir Cond. Inc. 13075 Pioneer i"�ail Eden Prairie, rin. 55393 By: Herbert iQeve ia. Sandin ItENEWAL 7P Gas Equipment, Inc. 339 North C2eveland Avenue St. Paul, b�n. 55114 By: S•Jilliam D. Huestis W. Sandin RENEWAL Mill City Iieating.& R/C Co. � 13005 B 16th Avenue D?orth Minneapolis, Dln. 55441. By: SRm, H. Stevenson i�. Sandin RENEj•I_�1I, Minnesota Gas Company 733 Niarquette I�venue Minneapolis, N1n. 55402 By: Donald L. Brown„ SV. Sandin RENEWAL �larence E. Nelson Htg. & A/C 200 West Hayden Lake Road C1lamplin, Mn. 5531u Byc Clarence E. Nelson W. Sandin RENEWAL Royalton Heating & Cooling Co. , �120 — 85th Avenue North Brooklyn Park, Mn. 55443 By: Z�illiam R..Stewart W. 5andin RENES9AL St. Marie Sheet 24eta1 Inc. . 7940 Soring Lake Park koad Minneapolis, 2�In. 55432 Byc I.ouis J_ St.Marie W. Sandin REIJENAL Geo. Sedgwxck Heating & 1�ir Cond. Co. � 1�01 Xenia Avenue South � 3�7inneapolis, P1n. 55416 By: Stanley Snyder Sa. Sandin REL7E��AL Standard fleating & Air Cond. Co. • • 1110 l4est Luke Street Minneapo2is, Nn. 554Q8 By: Tony Ferrara i�T. Sandin RENEidAL � ,I �� e i� i ' 150 � t�. REGULAR CUUl�CIL MEETING OF MAY 5, 1975 PA6E 2$� i !, Suburban Air Conditioning �, II919 Centcr llrive � Minneapolis, 2•1n. 55432 By: K. Chinander �9. Sandin REN�WAL Superior Contractors, Inc. � 612J. - 42nd Avenue idort-h Minneapolis, l�1n. 55422 I3y: Donald Hoglund W. Sandin REN�WAL Texqas Corporation 1430 Old Highway fi8 New Briqhton, Mn. 55112 By: Chuck Miller W. Sandin RENEWAL Fred uoyt & Company 3260 Gorham Avenue South • Minneapolis, Mn. 55426 By: Alam Malley ti1. Sandin RENEtJAL GENF.RAL CONTRACTOR � Adolfson & Pecers4n, Inc. 6701 West 23rd Street Minneapolis, Mn. 55426 By: Gordon A. Peterson D, Clark RENEWAL Allright Construction Co. 1973 Old Highway #8 New Brighton, Mn. 55112 •' By: Gary Petersen D. Clark NEW M. J. Arndt Construction Co. 2808 Shercvood Road Minneapolis, Mri. 55432 By: Marlan J. 1lrndt D. Clark RENEwAL B & L Construction Company Route #f3 . , Elk River, Mn. 55330 � By: Leander J. Schlosser D. Clark RENEWAL Rodney Billman, Inc. . �, 151 Silver Lake Roa3 New Brighton, Mn. 55112 By: Rodney Billman D. Clark RENEWAL Bxiar Homes Inc. ' 10134 Central Avenue N.E. . ' Blaine, Mn. 55434 Bye Richard S. Carlson D. Clark ,RENEWAL Bryant-Franklin Corporation � � 900 �Jest County Road D New Brighton, Mn. 55112 By: Richard L. IIrama D. Clark R$NEWAL Capp Homes., Div, of F7vans Products . � , 3355 IIiawatha Avenue Minneapolis, Mn. 55406 By: IIarold Gramstad D. Clark RENEWAL Cteative Construction/K.K. Designs j Div. of P.C.A.D. Corporation • 3325 Republic Avenue Soul-h ` St. Louis Park, Mn. 55426 IIy: John Kosmas D. Clark NSW ' • _ i � � ' ' � _ _ _ ��i _ 0 , � i r. ; i I i . � \� r . �EGULAR.COUNCIL MEETING OF MAY 5, 1975 ' Ercp IncorPorated 323I Cenhrai Avetiue Minneapolis, T1n. 554�II By: O. R. Erickson Erickson I3rothers 4567 west IIO�h Street Minneapolis, rin. 55437 • By: C. J. Carlson Ettel & Franz Company 842 Vandalia Street St. Paul, rin. 55114 By: Vernon Larson Darre� A. Farr Development Corp. 2810 County Road 10 Brooklyn Center, t,7n. 55430 By: James E, London F1ynn Construction 1909 6th Avenue South Anoka, i4n. 55303 By: Thomas D. Flynn Franzen Construction Co. 9250.5th Street N.E. � Columbia Heights, !•1n. 55421 By: Robert B.'Franzen Gorco Construction Co. • 3389 Brownlow Iavenue St. Louis Park, Mn, 55426 By: Sheldon Coplin Lyell C. Halverson Co. 2801 S9ayzata Boulevard Minneapolis, t�in. 55405 By: M. E. Krafve Harris �rection Co. -• 6210 Riverview Terrace N.E. Fridley, Mn. 55432 By: Harold Harris Harstad-TOdd Construction 2200 Silver Lake Road New Brighton, b1n: 55112 Ey: Diane Harstad D. W. Harstad Co., Inc. � 7101 Highway #65 N.E. Fridley, Mn. 55432 By: Alton R. JoYuison Leif Henri}:sen Builder 6434 Riverview Terrace N.E. Fridley, Mn. 55432 By; Leif }ienriksen Itussein Associated Contractors 11000 Cr_ntral 1lvenue N.E. Minneapolis, rin, 55434 By: Karim Esmailzadeh l51 ` PAGE 29 � ' D. Clark REN�WAL � � � � ! D. Clark RENEWAL � i. D. Clark R�NEWAL � t € � D. Clark RENEWAL f k s � i D. Clar}: RENEWAL � . � � I # , s. D. Clark RENEWAL f � D. Clark RENEi�AL � � � i i D. Clark . RENEtdAL � ! � D. Clark RENEWAL � I! � i � D. Clark RENEWAL i ± A � � D. Clark RENEWAI, , �k i ' . • � � D. Clark RL•'NEWAL � , � , D. Clark R�NEtVAL ' � . i �` �� u �_ ._. _ ..�..�--._._...._.__.__.... ; 152 � . � . ... _.._"' __._... ....._ ... . _.. . _. _ ... . -_. ... L� REGULAR COUNCIL MEETING OF MAY 5, 1975 PAGE 30 Chris Jensen & Son Co. 1400 Selby Avenue St. Paul, t•7n. 55109 By: Chris Jensen D. Clark RENEWAL Milton L. Johnson Company • 2513 Central Avenue N.L. Minneapolis, Mn. 55418 By: Milton L. Johnson D. Clark RENEWAL Lyle J. IGaufenberg Gen. Cont. 76 North Western Avenue St. Paul, Mn. 55102 By: Lyle Kaufenberg D, Clark RENEWAL LP Gas Equipment, Inc. 539 No. Cleveland Avenue St. Paul, Mn. SS11A By: 4Pilliam D. Huestis D. Clark RENEWAL Robert Laugen F3omes Inc. 6866 East Fisn La;ce Road �Maple Grove, f4n. 55369 By: Robert Laugen D. Clark RENEWAL James Lund Construction, Inc. 2417 - 148th Avenue N.F. • Anoka, b1n. 55303 . By: James R. Lund D. Clark RENEWAL Lund-Martin Co. � 3023 Randolph Street N.E. lfinneapolis, Mn. 55418 By: George M. Kelly D,Clark RENES�AL Metro Atetals, Inc. 4345 Lyndale Avenue North Minaeapolis, hln. 55412 By: Larry Fischer D. Clark RENEWAL Miles Garages, Div, of Insilco 9500 Lyndale Avenue horth • , Minneapolis, Mn. 55430 By: John Pope D. Clark RENEWAL Richard Miller Homes 1600 Rice Creek Road . Fridley, Mn. 55432 By: Richard Miller' D. Clark RENEWAL Naugle-L�ek, Tnc. ' Suite 515-730 Second �venue South � DSinneapolis, bin. 55402 By: i�iark J. Dougall D: Clark RENEWAL North Metro .Construction, Inc. 5203 Central Avenue N.E, Fridley, Din. 55421 IIy: Dennis L. Barker D. C2ark RENEWI�L Olson Concrete Co. 5010 iiillsY�oro Avenue N. Minneapolis, Mn. 554?.8 By: Robert Olson D. Clark RENEWAL 0 �. � �, . � , � . . . . . . . [ 'v" � ° � l53 �� ` Rt�ULAR COUNCIL MEETING OF MAY 5, �1975 � PAGE 31 � ; Paco, Inc. 5920 Kirkwood Latie P7or. th � Minneapolis, I•Sn. 55442 By: Gerold Yaschke D. Clark RENEWAL 1 Pendzimaz-Hallen Const_ Co. 5790 Brooklyn Boulevard , IIrooklyn Center, b;n. 55429 By: Dale tIallen D. Clark REP7EWAL I Pine Tree Builders, Iiic. i ' 8415 Center Drive I Minneapolis, i9n. 55432 IIy::Ed Dropps D. Clark RENEWAL � The Rdtt2und Company, Inc. � P,O. Box 32082. . Fridley, D1n. 55432 By: Roy Lund D. Clark RENEwAI, , Royal Aluminum PYOducts Inc. � 526 - 6th Avenue North t. • Minneapolis, Mn. 55421 By: t4ax Ost,.aw ' U. Clark RENESa?T�I, S. J. Construction, Inc. 6305 East River Road N.E, Fridley, N,n. 55432 By: John R. Doyle D. Clark REC1E44AL Roger Sheehy Company 7091 Highway n65 N,E. ' , Fridley, Mn. 55432 By:-John Palma,uist D. Clark 1ZENEWAL , The Sussel Company 1£350 Como Avenue St. Paul, Nin. 55108 By: Stanley Barenbaum D. Clark RENEWAL � Tri-Co Builders, Inc. ' 7555 Van Buren Street N.�. •' ' Frid2ey, t-ln. 55432 By;: James George D. Clark REN�WRL Ulmer Construction Inc. �. 203 East Golden Lake iane ' � Circle Pines, t•7n. 55014 By: Allan Ulmer b. Clark RENESJAL ? Western Construction Co. 6950 Wayzata Boulevard ' Minneapolis, 21n. 55426 By: Milton Chazin D. Clark RENEWAL Wieman & Slechta Ind. Bldrs. Inc. . • . !, 9921 "F" Street ' Omaha, Nebraska 68217 By: ��1m. ti�ieman D. Clark RENEWAL � A. L. Williams Construction � - 947 - 86th Rvenue N.i�. Coon Rapids, t�1n. 55433 By: A1 Willivns D. Clark. RENEPiAL � \ ' . i � r � [ i � �� I�. � 159 ___ _ ___ ___ � f ; . • I REGUtAR COUIVCIL MEETING OF MAY 5, 1975 PAGE 32 . . . t�A�riNC I' Advanced tleatinR & A/C inc. • 7Ei05 I3eech Street N.L•'. • Fridley, idn. 55432 By: Donald Iiodsdon W. Sandin R�N�WAL \, � Air Comfort Inc. ' 3300 Gorham Avenue Minneapolis', b1n. 55426 By: Donal Ruden T9. Sandin REN1'sWAL Aire�c, Inc. 4770 Cedar Avenue South Eagan;, Mn. 55122 By: David Johnson FT. Sandin NESa • All Season Comfort, Inc. ' 1A17 - 18th Street N.W. • New Brighton, Mn. 55112 By: Richard Larson W. Sandin RENEWAL t-- Allan Heating & Air Cond. Inc. ' S200 Eden Circle � Edina, Mn. 55436 By: t9. Viebahn W. Sandin RENEWAL 11' dM t 1 ftCo a A ie e a cra mp ny , 1750 Thomas 1�venue St. Paul, t4n. • By: James McCarthy W. Sandin RENEjaAL Atkins Plumbing & Heating, Inc. 2531 Marshall Street N.E. ' Minneapolis, Din. 55418 By: Howard J. Atkins W, Sandin RENBWAL � Backdahl & Olson Plbg. & Htg. Co., Inc. 3157 Chicago Avenue Minneapolis, Mn. 55407 By: Clarence Olson W. Sandin RENEWAL Berghorst Plumbing & Htg. 10732 Iianson Boulevard • • Coon Rapids, Mn. 55433 By: Kenneth Berghorst W. Sandin RENE�,IAL A. IIinder & 5on, Inc. , 120 East Butler . � West St. Paul, Mn. 55I18 By: R. A. Binder W. Sandin RENEj�AL Boulevard Sheet I+letal & Htg. Co., Inc. , ' ,� 11409 County Road 3 . Hopkins, b5n. 55343 By: Alfred Steiner W. Sandin RENEWAL C. O. Carlson 11ir Cond. Co, j 709 Bradford Avenue North . '' Minneapolis, Mn. 55411 By: John C. Jenkins W. Sandin RENEWAL i ' Central Air Cond. & Htg. Co. • Div,.of ��inston �nterprises, Inc. � 1977. Seneca Road • St. Paul, Mn. 55122 By: Aavid Rosenberq W. Sandin RENEtJAL 0 I . ; 1�� '� i ' � ---- l 5 5----_ � - � '. ; ItEGULA�t CUUIVCIL WiEETING OF MAY 5, 1975 PAGE 33 I Cronstrom's litg. & A/C Inc. 4410 Excelsior Uoulevard t•Sinneapolis, t1n, 55426 By: Lowell C. Anderson W. Sandin RF•.!+�.[v. Dalco Roofing & Sheet t•1eta1 Inc. 3836 t•finnehaha 7lvenue South Minneapa2is, Mn. 55406 By: David Dalbec Sr. S9. Sandin l2E?'! •7A Domestic Heating Company, Inc. 91I0 Grand Avenue South Bloomington, I•4n. 55420 By: Gary O'Keefe W. Sandin NEr7 Don's Air Cord. &.lieating Inc. 90Z7 Central. Avenue I1.E. � Colutnbia Heights, t4n. 55421 By: Donald L. Dicki$on W. Sandin REP]EW�T. Egan & Sons Company 7100 bledicine Lake Road • � Minneapolis, f-in. 55427 By: W. J. Egan W. Sandin RENEWAL Eng2und Heating Route #;1 Isanti, Mn. 55040 By: Richard Englund W. Sandin RENEWAL Frank's Heating & Sheet t4eCa1 Co. 2531 2larshall Street N.E. Minneapolis, r1n. 55418 By: Franfi Vogt W. San@in ]2ENEWAL Hoglund idechanical Contractors Inc. 7420 West Lake Street St, Louis Park, Mn. 55426 By: James Parson W. Sandin RENELaAI, Home-Air, Inc. ' • 610 - 13th Avenue South Hopkins, Mn. 55343 By: Floyd Thompson W. Sandin RENEwAL Honaitz Mechanical, Inc. • 1411 Eleventh Avenue South Minneapolis, Nln. 55404 By: S. B. .Gruenberg W. Sandin RENEtJAL ' ' Ideal Heating & Air Cond, Inc. • 3116 Premont Avenue Nor*_h Minneapolis, Mn. 55411 By: A. W. Vasenius W. Sandin RENEWAL J. B7cClure Kelly Company 5325 L•7est 74th Street Minneapolis, Nln. 55435 By: J. Leroy I:elly W. Sandin RENEWAL 1•fill City Fieating & A/C Co. 13005 B 16th Avenue North � MinnQapolis, Mn. 55441 By: S•hn. ii. Stevenson W. Sandin - REN�[dAL i .� . � r �. � �'. ;s, �: .�'. A"�: ,__----._- �� \ � 0 . __ _ __ _ . .._ _ ___ ---_ _. ,_ _ � , , • REGULAR COUi�CIL MEETING OF MAY 5, 1975 PAGE 34 i C ; i Modern Iieating & Air Cond. Inc. • i 2318 lst Street N.L. Minneapolis, Din. 55418 By: Richard Peausse W. Sandin RENL•'WAL � Clarence �. Nelson Fieating & A/C � 200 West liayden Lake Road t Champlin, F1n. 55316 By: Clazence E. Nelson L�. Sandin RENEWAL ' , � � t Northeast Slieet t9etal Inc. �' 544 Summit Street N.E. ' }' � Colum'oia lieights, P-in. 55421 By: D. L. Rnderson W. Sandin RGNEWAL ; � • � t Northwestern Service, Inc. , i " 4 2296 Territorial Road . - ' ' St, Paul� Mn. 55114 By: Cecil Ii. Lenz W. Sandin RENEWF�L, � Quality Heatinq & Air Cond. Co. , • � 3035 Lyndale h�enue Sovth ; Minneapolis, t•4n. 55408 By: Walter Lippa W. Sandin RENES9AL � � Richmond and Sons : ; � 5182 59est Broadway Grystal, Mn. 55429 By: 5igurd Follese i�. Sandin RENEWAL ! Royalton Heating & Cooling Co. ! j 4120 - 85th Avenue North � Brooklyn Park, r3n. 55443 By: Y7illiam R. Stewart i�. Sandin RENEWAL ' � � St. A7arie Sheet Metal Inc. �' 7940 Sprxng Lake Park Road �� ASinneapolis, 1•in. 55432 By: Louis 5t: Marie W. Sandin RENEWAL Geo. Sedgwick Heating & Air Cond. Co. 1001 Xenia Avenue South . � Minneapolis, Mn. 55416 By: Stanley Snyder W. Sandin RENEt�lAL Standard Heating & Air Cond. Co. 410 West I.ake Street Minneapolis, Mn. 55408 By: Tony Ferrara W. Sandi,n RENEWAL Suburban�Air Conditioninq 8419 Center Drive � Minneapolis, h1n. 55432 By: K. Chinander, W. Sandin RENEwAL ' • i Superior Contractors, Inc. i 6121 - 42nd Avenue North Minneapolis, Din. 55422 Bys Aonald Hoglund W. Sandin RENEWAL , 'i Thompson Air Conditioning Co. 5115 Iianson CourC � � � � � � Minneapolis, Mn. 55429 By: Floyd M. Thompson W. Sandin R�NEWAL 4'�- FZI l57 RE&ULAR CGUNCIL MEETING OF MAY 5, 7975 PAGE 35 Fred Vogt & Company 3260 Gorham Avenue South Minneapolis, !•ln. 5542G By: Alan Malley W, Sandin I2�NL'SdAL Ftay N. SJelter Iieating Co. 9637 Chicago Avenue ' D7inneapolis, 2•in. 55407 By: Ray N. We1L-er Jr. W. Sandin RLNEWFIL Yale, Incorporated 3012 Clinton Avenue South Minneapolis, hln. 55408 By: John Deblon W. Sandin RENE�JRL MASONT.?Y Russell T. Berg Masonry 13446 Jefferson Street IJ.Ii, Anoka, Mn. 55303 By: Russell T. Berg' D. Clark Carroll IIuzzell IIrick & Cement 22001 Lake Ge rge Boulevard N.[•�. , Anoka, Mn. 55303 By: Carroll Buzzell D. Clark Jesco Incorporated 1101 West 7£3� Street Minneapolis, h:n. 55420 By: Roy Palr.ess D. Clark L. T. Ern'st, Inc. � 1661 - 127th Avenue N.W. ' Anoka, Mn. 55303 By: Lloyd �'. Ernst D. Clark Rite-Way [�aterproofinq, Tnc. 2654 Lyndale Avenue South Minneapolis, Mn. 55408 By: A1 Anderson D. Clark Leo O. Sanders Concrete Cont. Co. T823 Jacksan Street N.E. Spring Lake Park, t-in. 55432 By: Leb Sanders D. Clark R. W. Soderstrom Company 6820 Brookview Drive N.E. ,Minneapolis, rin. 55432 By: Russe].1 Soderstrom D. Clark Stone Masonry Inc. 15002 UniversiL-y Avenue • . Anoka, Mn. 55303 By: Jerome R. Stone D. Clark MOVING & S@2ECt:ING � RENEW':L F�ENEWAL RENEI•1AL RENEWAL RENELaAL REN�WAL RENEWAL RENE�aAL Carl IIolander & Sons Co. 2933 Pleasant Avenue Minneapolis, Mn. 55408 By: Roger E. Erickson D. Clark RENE�9AL � ' - , Herbst & Sons Construction Co., Inc. ` I 2299 County Road !! • New }3riqhton, Mn. 55112 By: Dennis Herbst D. Clark RENL•'�J�1L \ I . � � _ c 0 � ! �- ,i.' cz; r�� ..__ . __.�_"_. .. ' '_..__._ __._ .._. ....___..__. ...... _. _ ......._�. ___.' _.__. .. . .__..._ ._ __ � .... __.. _ ..... ._. . _. _ _..__..� ....___ ...-- . ..._...._ _ _.. .. , a�� ..;3 .I 1'" . . , � .i I � i V ll � { � � t. REGULAR COUNCIL MEETING OF MAY 5, 1975 PAGE 36 OIL HEATING Air Comfort Inc. 3300 Gorham Avenue Minneapolis, t•tn. 55426 By: Donal Ruden [9. Sandin RENEWAL Beryhorst P1LUnbirig & lieating 10732 }Ianson IIoulevard Coon Rapids, t�7n. 55433 By: Kenneth Berghorst W. Sandin RENEt��1L � Cronstrom's Iieating & Rir Cond.,Inc. � 4410 Excelsior I3oulevard . Minnea`polis, Mn. 55416 By: Lowell C. Anderson W. Sandin RENEWFIL Louis DeGidio Oil & Gas Burner , 'j 6501 Cedar Avenue South I Minneapolis, Mn. 55423 By: Louis DeGidio W. Sandin RENEWAL PLFISTERING • j . � � i Joe Nelson Stucco Co., Inc. 1150 - 98th Iane N,S�. � Coon Rapids, b1n. 55433 By: Marvin Nelson D. Clark RENEWAL Peterson and Hede Company • 314 - 17th Avenue North Hopkins, Pdn. 55343 By: Arnold M. Hede D. Clark RENEWAL ROOFING Potvin Sales_Company 7341 Commerce Lane N.E. � ' Frid2ey, rin. 55432 By: Felix A. Potvin D. Clark RENL'WAL SIGN ERECTOR . , Signcrafter's Outdoor Display Inc. 13 - 77th T�ay N.�. Fridley, bin. 55432 By: James Stafford D. Clark RENLWAL MASONRY Mikedonald Cement Co. � 4830 - 7th Street N.E. Minneapolis, Mn. 55421 By: Donald W. Siegel D. Clark RENEWAI, HEATING ' i Key Plumbing 7717 - 77th Avenue North N3inneapolis, hin. 55428 By: David L, Farr W. Sanclin RENEWAL c - , i � f . I __ _ � � t� � 0 • �- . _. __ _.. . _._. ____. _. _ . ._ _-----.__ _.__ _ . , . 159 ( � . \ ,\ . i i ` � REGULAR COUNCIL MEETING OF MAY 5, 1975 PAGE 37 PUIILIC S'AIt�ib1ING POOLS ____ ` � 1•leadow Run noartrnent� ' 78�15 East Itiver Road N.E. Fridley, tQn. 5543?. By: f4idwest Management S. Olson RENtiWRL � - � Fridley Ind. School Dist. ;`r14 i f G000 T9est hloore Lake Drive N.E. � Fridley, P�.n. 55432 By: James t�. Hedren S. Olson Ft�NEWAL i � � � i Apartment 4 5430 - 7th Street N.E. • i Fridl.ey, N1n. 55421 By: ]Iarold D, t4orrow S. Olson REtdEP7AL � ' � Rustic Oaks 1�1 artm°nts , 1200 - 72nd �lvenue N,E. i Fridley, N'.n. 55432 By: Rustic Oaks Corporation S. Olson RENEWAL : t. • t River Road �ast Apartm�nts � � 6540 East River Road I�.E. � � � Fridley, Mn. 55432 Byc.:Griffin Company S. Olson RENEWAL . . � � Black Porest Apartments ' 1601 North Innsbruck Drive • } � I'ridley, Mn. 55432 . By: Innsbruck North Assoc. S. Olson RENEWAL. ' � s Skywood Apartinents . � � 1050 = 52nd Avenue N.E. Frldleyr Mn. 55421 By: J& J Alanagement S. Olson RENEWAT. j GENERAL CONTRACTOR � W. F. Bauer Construction Co. - . � � 1655 Stanbridge Avenue Roseville, Mn. 55113 By: Waj.ter Bauer D. Clark RENEWAL ! D. J. Kranz Company Inc. � i 2033 West Broadway ! � Minneapolis, 2Qn. 55411 IIy: Herman.Elsen D. Clark RENEt^1AL � , 0 , � n r- -- ----- — — _ __. _ � 16� _ __ . _ __ ._ _ _ , ___ . _ __ _-- _ _.___ __ _, ' REGULAR COUNCIL MEETING OF MAY 5, 1975 PAGE 38 TYPE OF LICENSE - RENEt�IALS I3Y APPROVED 6Y FEE CARNIVAL Holly Shopping Center (New) Joe Wahr Public Safeiy Director $25.00 � } Fridley � ICE �4A��UFACTURING � � • . i Ron's Ice Company (New) Ronald lio1um Health Inspector 25.00 � 7406 Central Avenue ' ! DELIVERY TRUCK . • ' � ; �� Ron's Ice Company (Plew) Ronald Holum Public Safety Director 10.00 7406 Central Avenue j American Linen Supply Co. James D. Pratt Public Safety Directer 10.00 700 Industrial Boulevard . Minneapolis ± t SAUPdA � i Body Shoppe Sauna Stephen Upham Health Inspector 25.00 6379 University Avenue • 's DRIVE-IP1 , i 100 Twin Drive-In Nerringer Theatres Public Safety Director 300.00 5600 Central Avenue GUN CLUB • FtfC Corporation Ft�1C Corporation � Public Safety Director 3.00 A8th & t�1arshall Street : BOTTLE CLUB K. C. Hall John Plemel Public Safety Director Z00.00 , 6831 Highway 65 PRIVATE CLU(3 Shaddrick & Labeau Post 303 lJayne Hanson Public Safety Director 100.00 � 1315 Rice Creek Road Vf�d Post 363 Lester Or�on Public Safety Director 100.00 . ; 1040 Osborne Road ' � . ; , � � . � � i ! � . � �� ', . ' _ ��i > �� ;.; :�� Ri' x;, >� ltil 4 � � ► �� REGULaR COUNCIL MEETIiJG OF i�IAY 5, 1975 PAGE 39 � � !. � i• . TYPE OF LICEMSE - R[P!F_WALS 8Y APPR�VED [3Y FEE g _ —. � ! . i ! USED CAR LOT � � Frank's Used Cars Frank Gabreliek Public Safety Director 100.00 �� , 5740 University Avenue Health Inspector ,� t � Smitts Motor Company 1�lallace Schmedeke Public Safety Director 100.00 ; 3 5649 University Avenue Health Inspector '� � Viking Chevrolet, Inc. M. J. Dooley Public Safety Director 100.00 x q 7507 Nigh�4ay 65 Health Inspector "s � . • y` LIVESTOCK . ,_ George Olson . Nealth Inspector 5.00 i 612 Lafayette . � Dennis Demars Health Inspector 5.00 ;: 8340 East River Road ' � Audrey Theilmann � Health Inspector 24.00 � 1540 Rice Creek Road � . TAXICAB Columbia Neights Taxi • Public Saf.ety Director 903 40th Avenue No. Columbia Neights � � Fridley Cab Service Frank Gabreliek 'Public Safety Director• ' 5740 University Avenue ` SUNDAY LIQUOR � ' . . VFtJ Post 363 . Lester Orton Public Safety Director 200.00 � 1040 Osborne Road • • ON SALE E3EER � . ' Biq E3's Pizza Robert Johnson Public Safety Director i20.00 t 321 Osborne Road � Bobby G's Robert Gorrell Public Safety Director 120.00 I � 2h0 htississippi Street � •. \ • . � . Fireside Rice Rowl Glenn Wong Public Safety Director 120.00 7�l40 Central Avenue •_ � , . i ; � � � � � . � � 1 _ i i. • � -- __ _. . _.__� ' __ _ _ _ _ _ _ __ _ i __ _. , � i �� 162 REG4ILAR CUUNCIL MEETIN6 OF MAY 5, 1975 PAGE 40 " � TYPE OF LIC[NSE - RFNEt•lALS BY Af'PROVEO QY FEE ON SALE [3EER K. C. Hall John Plemel Public Safety Director 120.00 6831 Highway 65 Pollies Leroy Mager Public Safety Director 120.00 6225 Highway 65 Poor Richards Canterbury Pub Ronald Richards Public Safety Director 120.00 6481 University Avenue PUBLIC DRINKING PLACE t.� Bobby G's Robert Gorrel] Public Safety Director 100.00 240 �•tississippi Street _ ' Fireside Rice Bowl &lenn 4Jong Public Safety Director 100.00 7440 Central Avenue Pollies � Leroy Mager Public Safety Director 100.00 6225 Highway 65 Poor Richards Canterbury Pub Ronald Richards Public Safety Director 100.00 6481 University Avenue ' ' • � . ' -� c TAVERN . ', . ' Bobby G's Robert Gorrell Public Safety Director 12.00 240 Mississippi Street � Fireside Rice Bowl Glenn 4Jong � Public Safety Director 12.00 7440 Central Avenue ' K. C. Nall John Plemel Public Safety Director 12:00 6831 Highway 65 . Pollies Leroy Mager Public Safety Director 12.00 , 6225 Highway 65 \ Poor Richards Canterbury Pub Robert Gorrell Public Safety Oirector 12.00 ' b481 University Avenue OFF SALE E3EER Country Club Market tiarold Rehaume Public Safety Director 15.00 � ' 6275 Ilighway 65 . _ , �� I j • � _ _ __ _ . , .a � i REGULAR COUNCIL MEETI(JG OF MAY 5, 1975 PAGE 41 TYPE OF LIC[NSE - RENEIJALS QY APPROVFD QY FEE OFF SALE QEER (Continued) CUB John'Hooley Public Safety Director 15.00 25� Osborne Road Fridley Food t•tarket Paul Beecroft Public Safety Director 15.00 8154 East River Road Holliday Viilage horth Erickson Brothers, Inc. Pub}ic Safety Director 15.�0 250 57th Avenue Larry's Champlin Superette Larry Ludford Pub1ic Safety Director 15.00 7298 Highv�ay 65 °�� PDQ Food Store _ James Shelton Pub7ic Safety Director 15.00 620•Osborne Road • Penny's Super tdarket Marion Levine Public Safety Director 15.00 6540 University Avenue Rapid Shop Superette �Gary Huser Public Safety Director 15.00 6530 East River Road _ Red 0�,�1 Food Store Red Owl Stores, Inc Public Safety pirector 15.00 , 6525 University Avenue Russ's Superette Peter Arkins • Public Safety Director 15.00 6253 University Avenue 7-Eleven Store Ray Byrd • Public Safety Director 15.00 1315 Rice Creek Road ' � Snyder's Drug Store Snyder's Drug Stores, Inc Public Safety Director 15.00 6582 University Avenue Stav's Superette Robert Stavanau. Public Safety Director 15.00 6483 University Avenue Target Food Stores Jonathan Stores, Inc. Public Safety Director 15.00 755 53rd /lvenue Tom Thumb Food Market Herbert Koch Public Safety Director 15.00 315 Osborne Road {Jestern Station ldestern Stores Public 5afety Director 15.00 ' 7600 University Avenue SERVICE STllTION Beyer's Texaco .Milton Qeyer Health Inspector � 30.00 , 6071 University Avenue Big lJi�eel Auto Stores � Dennis Dahl Flealth Inspector 30.00 7�51 East River ftoad 163 0 i i, ; ,� �� R ! � i 164 ------- e -\ REGULAR CUUNCIL MEETING OF MAY 5, 1975 _-- TYPE OF LICEflSE - ftENE4JALS BY APPROVED 6Y SEP,VICE STATION (Continued) Central Speedy Car 4Jash Stuart'Pihlstrom Health Inspector 5201 Central Avenue Chuck's Service Charles Jordan Health Inspector 7250 Centrai Avenue Edina Oil Company Edina Oil Company Health Inspector 6101 University Avenue Hbliday Service Station Central Service Co. Health Inspector 5807 University Avenue - Larry's Champlin Supere�te Larry Ludford Health Inspector 729$ High��ray 65 Les's Standard Oil Les Schaffran Health Inspector 7680 Highway 65 hletro 500, Incorporated R.'D. Johnson Health Inspector 5701 University Avenue _ Pasco Retailing Marketing, Inc. same Health Inspector , 6290 Highway 65 Phillips 66 Phillips Petroleum Co.. Health Inspector 5667 University Avenue • Phillips 66 Phillips Petroleum Co.. Health Inspector 6500 University Avenue • . Ron's Standard Oil Roland Cox Health Inspector 6490 University Avenue Steiger & Gertzen Garage Ernest Gertzen Health Inspector 6519 Central Avenue Tire City, Incorporated Rodger Wede11 Health Inspector 5333 University Avenue Tire City, Incorporated Rodger ldedell Health Inspector 8255 East River Road Western Station Western Stores Health Inspector ' 7600 Unfiversity Avenue 4Jhite Knight Kenneth Durbin Health Inspector 7300 University Avenue . f00D EStl1aLISIi��tENT Q�4 B�$ P�zZa Robert Johnson Health Inspector 321 Osborne Road � . 'M�..� �M. � . • 0 PAGE 42 FEE 30.00 30.00 30.00 30.00 30.00 30.00 30.00 30.00 30.00 30.OQ 30.Q0 30.00 30.00 30.00 30.00 30.00 25.00 • � i', i' I'. �: r i: � I' ; .. i � I i � .REGULAK CUUi�CIL i�IEETI(VG OF MAY 5, 1975 TYPE OF LICENSE - RENEIJALS DY APPROVED QY FOOD ESTABLISHi�1EPIT (Continued) [3ob's Produce Ranch Robert Schroer Health Inspector 7620 University Flvenue Brothen, Incorporated arothen, Inc. Health Inspector 5701 Commerce Lane Burger King��231 Burger King, Corp. Health Inspector 6310 University Avenue , Carbone's Pizza James Basta Health Inspector 5865 Uni.versity Avenue � ;,- Central Embers, Incorpo"rated Central Embers, Inc Health Inspector 5400 Central Avenue Chanticlear Pizza Richard Kempe Health Inspector 6304 Highway 65 Chuck's Choice 14eats Charles.Klein Health Inspector 620 Osborne Road ' Country Club Market Harold Rehaume Health Inspector ' 6275 Highway 65 Country Kitchen Nicholas Funaro ' Health Inspector 280 57th P]ace • . CU6 John Hooley , Nealth Inspector 250 Osborne Road Dairy Queen Ernest Fitch Health Inspector 2II0 t�fississippi Street . Dave's Qar-B-Q Pa]ace David l�liller Enter.. Inc. flealth Inspector 617 Osborne R6ad Firesdie Rice Qowl Glenn Wong Health Inspector 7440 Central Avenue FMC Corporation Canteen Corporation Health Inspector 48th & t+larshall Street • Frank's Nursery Sales, Inc. same Health Inspector 7620 University Avenue Fridley I"ood htarket Faul 8eecroft Health Inspector 8154 East River Road Fridley Youth �ootball Associa�tion Health Inspector Conm�ons Park Edward Dupay � Frastop Drive-In Stierman 1lanson Flealth Inspector 7699 Viron Ro�d � 165 PAGE 43 FEE 25.00 25.00 25.OQ 25.00 25;00 25.00 25.00 25.00 25.00 25.00 25.00 25.00 25.00 25.00 25.Q0 25.00 Non- Profit 25.00 � ' 166 `� � \ REGULAR COUNCIL MEETING OF MAY 5, 1975 TYPE OF LICEP�SE - REP1E1•IALS BY APPROVED 6Y f00D ESTABLISHMENT �Continued) Noliday Service Station Central'Services Co. Health Inspector 5807 University Avenue Holiday Village North Erickson Eirothers Health Inspector 250 57th Avenue Bobby G's � Robert Gorrell Health Inspector 240 I�lississippi Street . Kentucky �ried Chicken K.F.C. National tdg,,. Health Inspector 7510 University Aver��e . r_. Larry's Champlin Super�tte Larry Ludford Health Inspector 7298 Highway 65 McDonald's McDonald's Corp. Health Inspector 5831 University Avenue McGlynn Bakeries t�o"rman Gerglund Health Inspector 755 53rd Avenue � tlenard Cashway Lumber Lawrence Menard Health Inspector � 5351 Central Avenue Mr. Steak R. W. Schachtschneider Health Inspector 5895 University Avenue • Moon Plaza Restaurant Bijan Nikrad , Health Inspector 6215 University Avenue ; 100 Twin Drive-In Outdoor Theatre Caterers, Inc Health Inspector 5600 Central Avenue . Pan-O-Gald Qakery Thrift Store Harvey Zimmerman . Health Inspector 7365 East River Road . PDQ Food Store James Shelton Health Inspector 620 Osborne Road Penny's Super htarket Marion Levine Health Inspector 6540 Unviersity"Avenue ' Phoen�x Chow Mein (P�ew) Tsui Chau 4Jan Health Inspector 2G2 t•tississippi Street Pollies Leroy Mager Heaith Inspector 6225 Highway 65 Poor Richards Canterbury Pub� Ronald Richards Heaith Inspectnr PAGE 44 .FEE 25.00 25.00 25.00 25.00 25:00 25.00 25.00 25.00 25.00 25.00 25.00 25.Q0 25.00 25.00 25.00 25.dQ 25.00 ; � l. i E �� ' i , • 64£31 University Avenue , ; Rapid Shop Superette Gary Nuser Nealth Inspector 25.00 6530 East River Road ! . I. � � � REGULAR COUNCIL MEETIIJG Of idAY 5, 1975 . i TYPE OF LICENSE - RENEl�11LS BY APPROVED [3Y , — i . , i FOOD ESTAFiLISHt4ENT (Continued) i ; Red Owl Food Store Red Owl Food Stores, Inc Heaith Inspector ! 6525 University Avenue Russ's Superette Peter Arkins Health Inspector 6253 Universiiy Avenue i . 7-Eleven Store Ray Eiyrd Health Inspector 1315 Rice Creek Road Shaddrick & Labeau Post 303 Wayne Hanson Health Inspector I 1315 Rice Creek Road '�' Shar's Snack Bar Sharlene Clochie Nealth Inspector 52Q7 Central Avenue Snyder's Drug Store Snyder's Drug Stores, Inc Health Inspector 6582 University Avenue , Stav's Superette Ro6ert Stavanau Health Inspector 6483 University Avenue Target Food Stores Jonathan Stores, Inc. Health Inspector j . 755 53rd Avenue � i Target Stores Steven Moldenhauer Health Inspector 755 53rd Avenue Tire City, Incorporated Tire City> Inc. Health Inspector 5333 Universiiy Avenue " • Tom Thumb Food Market Herbert Koch Health Inspector ��' 315 Osborne Road Town Crier Pancake House Craig Vargo ' Health Inspector 7730 University Avenue Unity Hospital John Haines Health Inspector 550 Osborne Road VFW Post 363 Lester Orton Health Inspector i 1040 Osborne Road ; 4festern Station Western Stores • Health Inspector ' 7600 University Avenue i . . . � � Zapata's Zapata Food Service, Inc Health Inspector � 5905 University Avenue • � ' � CIGARETTE �s� ' PAGE 45 ' FEE 25.00 25.00 25.00 25.00 2.5.. 00 25.00 25.00 25.00 25.00 25.00 25.00 - 25.00 25.00 25.00 25.00 25.00 i Barry (3lower D. K. Carter Co. Pubiic Safety birector 12.00 ; 99 77th •t�lay � i . 0 I�. ! 1�8 \' REGULAR COUI�CIL MEETING OF MAY 5, 1975 . 7YPE OF LICENSE - REhlEt•:AIS BY CIGARE77E (Continued) PAGE 46 APPROVED E3Y FEE Qeyer's Texaco Milton Beyer Public Safety Director 12.00 6071 University Avenue • Big tJheel Auto Stores Oennis Dahl Public Safety Director 12.00 7451 East River Road Bob's Produce Ranch Robert Schroer Public Safety Director 12.00 7620 University Avenue � Botby G's Robert Gorrell Publi�c Safety Director 12.00 '240 Mississippi Street � , Burg2r King ;t231 Burger K�ing, Corp. Public Safety Director � 12.00 6310 University Avenue . Carbone's Pizza James Basta Fublic Safety Airector 12.00 5865 University Avenue Central Embers, Inc. Centr,al Embers, Inc. Public Safety Director 12.00 5400 Central Avenue • Chamber of Commerce � Menk Vending Public Safety Director 12.00 7362 Uriversity Avenue Chanticlear Pizza Richard Kempe Public Safety Qirector 24.00 6304 Highway 65 • Country Club Market 6275 Nighway 65 Country Kitchen 280 57th Place Carter-Day Company 500 73rd Avenue Dealers t•tanufacturing 5130 t�lain Street Downing Qox 5851 East River Road Edina Oil Company 6101 U ' 't A __ .. � . . .. Harold Rehaume Public Safety Director 24.00 Nicholas Funaro Public Safety Director 12.00 ARA Food Services Co: Pub7ic Safety Director 24.00 SirVend, Inc. Public Safety Director 12.�p ARA Food Services Co. Public Safety Director 12.00 Edina Oil Company Public Safety Director 12.00 � m versi y venue \ Fireside Rice Qowl Glenn 4Jong Public Safety Director 12.00 7440 Central Avenue . fMC Corporation Canteen Company of MN. Public Safety Directar 72.00 . 48th R Flarshall Street i - . i � j � . . ' i. ' _ , ._ } i i i � � � ; s i i ; i � �� , i � ' I � � � , i � � � � � � � � , ! � � I � ; � , { i � � ,� � t i , � f ' � i i I I ' I I I I, , � RE6ULAR CUUI�CIL MEETING OF MAY 5, 1975 f• . . • TYPE OF LICENSE - REP�E;JALS [iY CIGARETTE (Continued) � APPROVED [3Y PAGE 47 FEE __�� 1 Ei� � � � Fridley A& td Audrey Tarasar Public Safety Director 12.00 )429 East River Road � Fridley Food hiarket Paul 6eecroft Public Safety Director 12.00 8154 East River Road Fridley Terxace Gerald 7oberman Public Safety Director 12.00 . 7400 Highway 65 . Holi�iay Service Station Central Service Co. Public Safety Director 12.00 5807 University Avenue r_- Holiday Village Nor`h Canteen Company of P4N Public Safety Director 12.00 250 57th Avenue - Holiday Village North Erickson Brothers, Inc. Public Safety Director. 12.00 250 57th Avenue K. C. Hall John Plemel Public Safety Director 12.00 6831 Highway 65 ' � Kurt tdanufacturing SirVend, Inc. Public Safety Director 12.00 5280 hiain Street � Larry's Champlin Superette Larry Ludford Public Safety Directbr 12.00 7298 Highway 65 , !es's Standard Oil Les Schaffran Public Safety �irector 12.00 7680 Highway 65 . Dlenard Cashway Lumber Menard, Inc. Public Safety Director 12.00 5351 Central Avenue Metro 500, Incorporated Metro 500, Inc. Public Safety Director 12.00 � 5701 University Avenue • � t4idland Co-op� SirVend, Inc. . Pub7ic Safety Director 24.OQ � I-694 at htain Street Minco Products Canteen Company of MN Public Safety Director 12.00• 7300 Commerce Lane Mr. Steak R. W. Schachtschneider Public Safety Director 12.00 5895 University Avenue . . Moon Plaza•Restaurant Qijan Nikrad Public Safety Director 12.00 � !\ 6215 University Aenue Onan Corporation Servomation Twin Cities. Public Safety Director 132.00 i40Q 73rd Avenue - 100 T�oin Drive-In • Sportservice,Corp. Public Safety Director 12.00 5600 Central Avenue . � i i _ _._ ___ ��..� I� � 170 . � REGULAR CUUNCIL MEETING OF MAY 5, 1975 PA6E 48 TYPE OF LICEPaSE - REPIE4JALS [3Y APPROVED 6Y FEE CIGARETT[ (Continued)_ • PDQ Food Store James Shelton Public Safety Director 12.00 620 Osborne Road Penny's Super htarket Marion Levine Public Safety Director 12.00 6540 University Avenue Pollies .� Leroy Mager Public Safety Director 12.00 6225 Highway 65 _ Poor Richards Canterbury Pub Ronald Richards Publi� Safety Director 12.00 6481 University Avenue . t_. Rapid Shop Superett^ Gary Huser Public Safety Director 12.00 6530 East River Road ' Red Owl Food Store Red Owl Stores, Inc. Public Safety Director 12.00 6525 University Avenue Reserve Supply Company SirVend, Inc. Public Safety Director 12.00 5110 htain Street ' Ron's Standard Oi1 Roland Cox Public Safety Director 12.00 6490 University Avenue _ ' Russ's Superette Peter Arkins Public Safety Director 12.00 6253 University Rvenue . Safetran Systems Corp. Griswold Coffee Co. Rublic Safety Director 12.00 4650 Main STreet - ' . 7-Eleven Store Ray Byrd Public Safety Director 12,00 1315 Rice Creek Road Shaddrick & Labeau Post 303. Wayne Hanson Public Safety Directar 12.00. 1315 Rice Creek Road Shar's Snack Qar Sharlene Clochie Public Safety Director 12.00 5207 Central Avenue � � Snyder's Drug Store Snyder's Drug Stores, Inc Public Safety Director 12.D0 6582 University Avenue Stav's Superette Robert Stavanau Public Safety Director 12.00 6483 University Flvenue Strite-Anderson htfg. Co. Servomation T�vin Cities Public Safety Director 12.�0 75F35 Viron Road Target Food Stores Jonathan Stores, Inc. Public Safety Director 12.00 �55 53rd Avenue Target Stores Steven P4oldeqhauer Public Safety Director 36.00 755 53rd Avenue ... .�r'� . . . 0 � �71 �1 ( �� REGULAR CUUNCIL MEETING OF MAY 5, 1975 .: PA6E 49 �. , �. ' TYPE OF LICE�lSE - REPJEtJALS BY APPROVED (3Y FEE — — . � ' CIGARETTE (Continued) � ' i I� Target Stores Vendmark,�Inc. Public Safety Director 36.00 i 755 53rd Avenue � Targei Stores Headquarters Vendmark, Inc. Public Safety Director 24.00 1080 73rd Avenue Tire City, Incorp�rated Tire City, Inc. Public Safety Director 12.00 ; 5333 University Avenue Tom Thumb Food t4arket Herbert Koch �'ublic Safety Directar 12.00 315 Osborne Road . . �� To4m Crier Pancake House - Craig Vargo Public Safety Director 12.00 7730 University Avenue " ' ' ' VFW Post 363 Lester Orton Public Safety Director 24.00 � 1040 Osborne Road 4Jestern Station Westerri Stores Public Safety Director 12.00 I 7600 University Avenue - 4lickes Furntiure IUC of Minn. Public Safety Director 12.00 ; . 5353 East River Road �. Zapata's Zapata Food Service . Public Safety Director 12.00 5905 University Avenue VENDING h1ACHINE ' • Automatic Eng. & Mfg. A. John Roller Health Fnspector 15.00 _ 7191 Nighway 65 Beyer's Texaco Milton Qeyer Neal.th Inspector 15.00 ;. 6071 ltniversity Avenue Big Wheel Auto Stores �ennis Dahl Health Inspector 15.00 7451 East.River Road • . Black Forest Apartments Gold Medal 6everage Co. Health Inspector 15.00 ! 1b01 No. Innsbruck Drive • . I Bob's Produce Ranch Jimmy Jingle, Inc. Health Inspector 15.00 � 7620 University Avenue '� Body Shoppe Sauna Stephen Upham Health Inspector 15.00 i � 6379 University Avenue `I Brunkow�Music Gold Medal Qeverage Co. Health Inspector - 15.00 f ' 370 hiississippi Street . � IBurlington-Northern Gold Medal [3everage Co. Health Inspector 15.00 � 35th & t�lain Street i . . � .. � i � � I . I ____ _ _ __ ____ _ _ __ __ _ J 0 � - -- � � ! 172 � l � r . . - i REGULAR COUNCIL MEETING OF MAY 5, 1975 - - 4. . ;: • TYPE OF LIC[P�SE - REP�EWALS 6Y APPROVED �Y � VENDING ItACNINE (Continued) � � . Buzz's Barber Shop Nealth Inspector � 62�47 University Avenue ' Carter-Day Company ARA Food Services Co. Health Inspector 500 73rd Avenue Central SpeEdy Car 4Jash Stuart Pihlstrom Health Inspector 5201 Central Avenue . Chamber of Commerce Menk Vending Health Inspector 7362 University.Avenue � ,� Champion Auio 6old Medal Beverage Co. Nealth Inspector 6471 University Avenue _ Counctry Club Market Harold Rehaume Health Inspector 6275 Highway 65 Counctry Kitchen Jude Candy Health Inspector 280 57th Place ' • , CUB John Nooley Health Inspector 250 Osborne Road � Dealers htanufacturing SirVend, Inc. Health Inspector . 5130 Main Street . Downing Box �ARA Food Services Co. Health Inspector 5851 East River Road ' Electro Cote P& R Vending Service Health Inspector 5220 htain Street FMC Corporation Canteen Company of t4inn. Health Inspector 48th & t4arshall Street , Form Products� Gold Medal Beverage Co. Health Inspector � 7521 Commerce Lane Fridley 6rake Service Gold Medal Qeverage Co. Health Inspector 1010 Osborne Road Fridley Convalescent Home SirVend, Inc. Health Inspector 7590 Lyric Lane Fridley Hardware Gold Medal Qeverage Co: Health Inspector � 214 1•tississi{ipi Street � Fridley Senior High School Coca-Cola Qottling Health Inspector 6000 West htoore Lake Drive . . Fridley State Qank Same . Health Inspector 6315 University Avenue �--� � ; � , PAG E 50 FEE 15.00 170.00 15.00 15.00 15:00 15.00 15.00 30.00 105.00 90.00 15.00 605.00 15.00 15.00 15.00 15.00 30.00 20.00 � � __ _ _. _ _ . _ __ I.' . � ' � � REGULAR CUUNCIL MEETING OF MAY 5, 1975 I '' ! TYPE OF LICEFdSE - RENEtJALS BY APPROVED E3Y i • • — .— I ' i VENDING MACtI1NE (Continued), I �, Fridley Terrace Gerald Toberman Healtti Inspector 7400 Highway 65 • ': Fullerton Metal Company Plagic P�1aid Vending Health Inspector j 5170 t4ain Street i i Fullerton F1?fal Company Coca-Cola Qottling Health Inspector 5170 Main Street General Television, Inc. Gold t�edal Qeverage Co. Health Inspector ' 350 63rd Avenue • � ,_ Holiday Service Sta`ion Central Service Co. Health Inspector � 5807 University Avenue , _ � Noliday Village North Canteen Company of Minn. Health Inspector 250 57th Avenue Holiday Village North Erickson 6rothers Health Inspector 250 57th Avenue • . King Company Go1d Medal Deverage Co. Health Inspector 6554 University Avenue '� ' Kurt hlanufacturing SirVend, Inc. Health Inspector ' 5280 Main Street Larson Mfg. Company Coca-Cola 6ott1ing Health Inspector 7421 Commerce Lane , L.C.A. Corporation Gold Nledal Beverage Co. Health Inspector 7839 Elm Street Lee-4lards Go1d P9eda] Qeverage Go. Health Inspector 5225 Central Avenue . Les's Standarcl �il Les Schaffran _ Health Inspector 7680 Highway 65 htagic Swirl Qeauty Salon, Inc. Leeland Croaker Nealth Inspector i 6369 University Avenue IMedtronics, Inc. IUC of Minn. Health Inspector i 6970 Central Avenue i. . ', Menard Cashway Lumber Menard, Inc. Health Inspector �< < 5351 Central /ivenue � Midland Co-op SirVend, Inc. Health Inspector � I-694 at hfain Street i � � �linca Products Canteen Company,of t4inn. Health Inspector i 7300 Commerce Lane . . PAGE 51 FEE 30.00 15.00 15.00 15.00 15.00 105.00 30.00 15.00 45.00 15.00 15.00 15.00 15.00 15.00 730.00 15.00 150.00 180.00 t'73 a i � . . • 1 i I ' ---------. __ --_____._ _.__.. , � � 179 REGULAR COUNCIL MEETIi�G OF MAY 5, 1975 PAGE 52 TYPE OF LICENSE - REPJEtdALS I3Y APPROVED QY FEE ; � . . I VEPIDItdG t4ACHTNE (Continued) '� � Onan Corporation Servomation,Twin Cities Health Inspector 1110.00 1400 73rd Avenue Pasco Reatailing Mrkt. Co. Gold t•tedal Beverage Co. Health Tnspector 15.00 6290 Highway 65 � Peerless Products Gold Medal Beverage Co. Health Inspector T5.00 � 5800 t4ain Street ' Penny's Suoer Market Marion Levine Health Inspector 25.00 6540 Universii:y Avenue :_ Phillips 66 Pepsi-Cola Bottling Co. Health Inspector 15.00 5667. University Avenue - � Phillios 66 Pepsi-Cola Bottling Co. Health Inspecior 15.00 6500 University Avenue Plywood hfinnesota Coca-Cola Bottling Health Inspector 15.00 5401 East River Road . Red Owl Food Store Gold Medal Beverage Co. Health Inspector t5.00 6525 University Avenue Reserve Supply Company SirVend,,Inc. Health Inspector 60.00 511� 14ain Street ' � ' Ron'a Standard Oil Coca-Cola Bottling Health Inspector 15.00 6490 University Avenue . '. ' Safetran Systems Corp: 6riswold Coffee Co. Health Inspector 60.00 ' 4650 Main Street ' Safetran Systems Corp. Gold MedaT Qeverage Co. Health Inspector 30.00 4650 tda�n Street • Shar's Snack Qar Sharlene Clochie � Nealth Inspector � 15.00 520? Cer►tral Avenue Shorty's Towing Gold Meda1 Qeverage Co. Health Inspector 15.00 5755 University Avenue ' I Steiger R Gertzen Garage Ernest Gertzen Health Inspector 15.00 � . 6519 Central Avenue I Strite-Anderson Mfg. Co. Servomation Twin Cities Health Inspector 150.00 7585 Viron Road . i Target Stores Headquarters Vendmark, Inc. Health Inspector 220.00 1-080 73rd Avenue ' � Tire City, Incorporated Gold Medal DeVerage Co. Health Ins�ector 15.00 . 5333 University Avenue � � . . � I. � � � � I , , � �� . � I �. � � , � � _ ' . � � i � ' I � , � ,� �� i , I • I � i i i I � 0 REGULAR COUt�CIL �1EETIN6 Of MAY 5, 1975 TYPE QF LICENSE - REP�E1dALS !3Y APPRO_ vE� f3Y PAGE 53 FEE t75 VEPIDING htACHITJE (Continued) Tire City, Incorporated Gold t-tedal Qev2rage Co. Health Inspector 15.00. 8255 East River Road Target Stores Vendmark, Inc. Health Inspector 15,00 755 53rd Avenue . VF4! Post 35��, l.ester Orton. Health Inspector 30.00 104Q Osborne Road 6lhite Knight Kenneth Durbin Health Inspector 15.00 7300 University Avneue ' l�lickes Furniture IUC of Minn. Health Inspector i05.00 5353 East River Road CONSIDERATIOtd OF RENEWAL OF MOBILE TRAILER PERMIT AT 1465 MISSISSIPPI STREET, RE UEST Y CLETUS NEI: MOTION by Councilman Breider to renew the mobile trailer permit as requested by I f�ir. Cletus I�ei, 1465 Mississippi Street: Seconded 'oy Councilwoman Kukowski. Upon a voice vote,.all voting aye, Mayor PJee declared the mot�on carried unanimously. CONSIDERATIOW OF REfVEWAL OF MOBILE TRAILER PERMIT AT 6070 CENTRAL AVENUE N. E., REQUEST BY DANIEL NELSOW: � �tUTI01� by Councilman Starwalt to approve the renewal of the mobile trailer permit at 0070 Central Avenue N. E. as requested by Daniel Nelson. Seconded by Councilwoman Kukowski. Upon a voice vote, all voting aye, Mayor. Nee declared the motion carried unanimously. � ' COf�SiDERATION OF AU7HORIZATION OF EXECUTION OF AGREEMENT WITM BELL TELEPHOPdE COMPANY: The City Manager explained that he had.reported to the Council previously on this matter. ' He mentioned that by putting in the system, it wou]d be•possible within eight years to buy the equipment and reduce the costs of operat�ion of the telephone system. He said from that time on, the costs will be reduced. Ne also mentioned that if the system were increased in the future, the costs sited in the contract for the equipment would remain the same bzcause of this factor in the contract. He said the agreement would allow better service at a reduced cost. • Mayor Nee asked if� there would be an increase currently. The City Manager said no. MOTION•by Councilwoman Kukowski to authorize execution of the agreement for the telephone • system. Seconded by Councilman Breider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. SE7TING BOARD OF EQUALIZATION MEETING FOR MAY 8, 1975: MOTIOt� by Councilman Starwalt to set the Board of Equalization Meeting for Thursday, May 8� 7975. Seconded by Councilwoman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. t�E UEST FOR TRAFFIC CONTROL MEASURES ON iNAIN STREET BETWEEN OSBORNE ROAD AND 83RD; _....__.� .... ..,. .,.nn nn u nnrc. . Mr. Harris explained that there is an influx of truck traffic in this area. He mentioned , that there are City of Minneapolis tr�lcks hauling dirt in the area and also other truck traffic operating in excf�ss of the speed limit. He requested some control measuPes o►^ pe1^haps obtaining a traffic count. . ; . , � �_. 176 REGULAR COUf�CIL f�EETIyG OF MAY 5, 1975 PAGE 54 Councilman Breider said he believed that there was a stop sign in that area at the present time. Mr. Harris said this is in an area where it has no effect on the conditions. i�ayor (Vee asked what is up there, he said he did not think there is any develapment. Mr. Harris suggested that posting of the 30 mile per hour speed limit would be an aid. The City Manager said the administration would look into the matter. MUTION by Councilman Breider to authorize the appropriate traffic control study for the Main Street, Osborne Road and 83rd Avenue Area. (Note: this motion was not actea on). • The City Manager said there would no� have to be any Council action of this type of matter, the Council had authorized the Administration to take the appropriate action by Resol.ution. Mr. Harris again asked if the speed limit could be posted and the City Manager said tiiis could be done. ESTIMATES: MOTION by.Councilman Starwalt to approve•the following estimate. Seconded by • Councilwoman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimousJy. - , American Contracting Corp. 1540 Yellowbrick Road Coon Rapids, Minnesota 55433 PARTIkL ESTIPIATE #3 for Sanitary Sewer, Water and Storm $739.44 Sewer Improvement No.•116 ADJ OU RiVi�1 E(VT : MOTION by Councilwoman Kukowski to adjourn the meeting. Seconded by Councilman Starwalt. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the Regular Meeting of the Fridley City Council of May 5, 1975 adjourned at 12:37 A.M. \/�-�/�i�n�� i��Z�Br12, Patr�cia Ranstrom Secretary to the City Council William J. Nee Mayor. � � . . _ __ _._-- _--- __---_ ----- -------_ !. . � � I , BOARD OP EqUALIZAT�ON hJEETING OF MAY 8, 1975 i ' � i ' I I . � ' � '. . � ' � , � , � ` ' ' � � i ' ' � � \ i I .� :.� .i t77 PAGE 1 The annual Board of Equalization meeting was called to order at 7:40 P.M. on May 8, 1975, by Mayor Nee. ATTENDANCE Present were Mayor Nee; Councilman Bre9der; Councilman Starwalt; Councilman Fitzpatrick; Marvin Brunsell, Assistant City Manager; Mervin Herrmann, City Assessor; Leon Madsen, Deputy Assessor; Walter Mulcahy, City Appraiser; and Lou Johnson representing Anoka County. Councilwoman Carroll Kuko�dski was absent. � GENERAL DISCUSSION , Mayor Nee explained that this is not a regular Council meeting, but that the Council is sitting as part of the annual Board of Equalization meeting. He introduced the Council members, the Assistant City Manager, and the City Assessor, and then cal7ed on Mr. Herrmann to introduce the members of his staff and the representative from the County. Mr. Herrmann explained that each visitor to the meeting was asked to register prior to the meeting, and then will be called in turn. Mayor Nee explained that the proceedings tonight were limited to the question of whether or not the estimated market value assessment made by the Assessing Department as of January, 1975, is honestly and truly reflective of the true market value. There is nothing which can be done about the taxes themselves which are levied against these estimated market values. _ Their taxes are determined by the individual agencies involved such'as School Districts, the City, ti�e County, the Metropolitan Transft Commission, etc. Mayor Nee mentioned that the City Council receives approximate7y $.15 of each $1.00 of taxes. He said the obligation tonight is to insure that the assessed value placed on each property is fair. Mr. Herrmann explained briefly how t#�e Assessing Department arrives at an estimated fair market value. There are basic standard rates for the different types of homes plus variations depending on location, size of house, type and size of garage, etc. Each building is treated as new construction in using these rates, and then depreciation is allowed based on the actual age of the buildings. Economic values determine if valuation would raise or lower on an older home, based on what it would cost to build this same home at the present time. A selling price will not necessarily reflect what is considered a true market value. The City's valuations at this time are not up to one hundred per cent of what the selling price might be, but are quite close. Economic values have to be considered over a number of homes in an area and how they are selling, and cannot be based on just one sale which might not reflect a true value because of many determining factors such as upkeep of the property and appearance. Mayor Nee asked Mr. Johnson, the representative from the County, to state just what factors the Council might consider at this meeting. Mr. Johnson replied that the Council is empowered to make adjustments as they see fit, provided that the aggregate adjustments are na more than one per cent of the total valuation rur� for the City. If there is a continuation of this meeting, it must be held within twenty days of the date of this meeting. If any changes in valuations are made by this Board, Mr. Johnson has an abstract form which must be filled in and returned to the County. Mr. Johnson also mentioned that some valuation cards had been returned to the County as they were declared undeliverable by the Post Office, and he did have these cards with him in case any citizen present at the meeting had not received his card. Major Nee asked Mr. Johnson to explain to the audience what their rights of appeal are if the Board of Equalization does not make any adjustment in their valuations and the property owners are still not satisfied. Mr. Johnson explained that whether a person is present at this meeting or not, they are aliowed to file a request for a review of their property valuation to be taken up at the County Board meeting. The date of the County Board of Review meeting is shown on the card sent to each property owner from the County showing the estimated market values. By calling Anoka County, you may receive a request form to fill in and return to the County, asking for a review of your valuation. Basic information is to be filled in on this form such as name, address, telePhone number, lega] description, and a brief statement of what reasons you have for questioning the valuation. An assessor from the County will come out and look at your property to determine if he feels there are any extenuating problems which might affect the value placed on the property. You have to appear at the meeting of the County Board of Review to make your statement, and the County Board will make their judgment at that time. If a reduction'is made, this is ca]led an abatement process. � . _.__ � _.__._._ __.._____.___.._ .. .____._____ ___ __ _ _.___ ____.; ' 178 �. � '� � BOARD OF EQUALIZATION MEETING OF MAY 8, 1975 � PA6E 2 Mr. Herrmann explained that a physical appraisal of each property should be made each two years. As this is impossible, it has been decided by legal interpretation that when only a portion of a City is able to be physically appraised in any one year, that the balance of the property not physically appraised has to be raised on an overall percentage to stay in line with the pr^perties physically appraised. The percentage of raise this year on residential homes was approximately fifteen per cent. A11 new construction has to be physically appraised. Commercial property was physically appraised two years ago, so was only raised by a percentage this year. Ma��^r Nee explained briefly the card each property owner received from the County showing wh ': estimated market value their 1975 taxes were based on, and the amount of the new estimated market value which was placed on their property as of January, 1375, affecting their taxes payable.in 1576. According to present law, the extimated market valuation on which the actual tax is based may be raised only five per cent each year, though the estimated market value may actually have increased more than that. Gnly a five per cent increase in value will be reflected on the taxes payable in 1976 unless this law is repealed. The taxes would then be based on what the true estimated market value is considered to be. Mr. Herrmann explained that this does not necessarily mean taxes themselves will rise, because if the values of all the properties are increased, the mill rates themselves will lower. N0. 1--MR. RICHARD HARRIS Mr. Harris requested that� he be placed last on the Agenda, as he had a number of things to dSscuss. • N0. 2--MR. DUANE NAROG, 1465 NORTH DANUBE (LOT 5, BLOCK 3, INNSBRUCK NORTH ADDITION, PLAT 56353, PARCEL 240) Mr. Narog explained that his home was built last year. Upon completion he discovered the basement was lower than the sewer drain to the street, sa as a result he had to install a sump pump to force water from his basement level and also the drainage from his laundry facilities. He stated that the lot is always soggy and has a peat bog base, and that the ground water level is just below his basement floor. Mr. Narog mentioned an agreement which was made between the developers of the R-1 areas in the Innsbruck North development and the City, in which certain lots were felt to be not buildable unless peat was removed and good fill brought in. For this reason ihe assessments for the water and sewer and concrete streets were spread over only the lots considered buildable without additional ground work, because it was felt there would be additional expenses for anyone building an one of these poorer lots. Mr. Narog was not aware of the condition of the ground soil of his lot at the time of , purchase, but now feels this should have been one of the lots which should have had assessments excluded. He stated that he is unable to ever have the potential of finishing off his basement or installing a basement bathroom because of his water problem, and feels this definitely detracts greatly from the value of his home. Mayor Nee questioned if the owner or builder had come in and received the correct elevations from our City Engineering Department, which they are supposed to do. Mr. Narog stated he had not done this, but assumed that the builder had obtained this•information. The lot value with improvements is $11,760.00. Mr. Narog paid $9,000.00 for the lot plus assessments which ran about $5>000.00. Mr. Herrmann did mention that we have some very expensive houses in the City which do use sump pumps. Mr. Narog said that he had hired a professional landscaper who stated that with the rolling terrain of this lot, there was no way to obtain the proper drop to the street, and that the elevations just met the minimum standards of the building code. When a physical appraisal was made in December, 1974, after the home was completed, by our Assessing Department, there was no apparent water problem. It was the Council's decision to continue this item until the Board of �qualization reconvened, to allow time for the Assessing Department to make a new physical appraisal of this property and then report back to the Board. Mayor Nee stated that later in the meeting a date sometime within the next twenty days would be set to reconvene this meeting, and that Mr. Narog would be informed of the date and time of this meeting. . G I � � : � `s s 4 � F � � ' a � : I � . � � � . BOARD OF EQUALIZATION MEETING OF MAY 8, 1975 — --- �-- _ .__� l79 PAGE 3 N0. 3--MR. EUGENE BONNET, 6061 UNIVERSITY AVENUE NORTHEAST (CLUB 47, L01'S 23 AND 24, BLOCK 4, HYDE PARK ADDITION, PLAT 56308, PARCELS 900 AND 940) Mr. Bonnet said that his new valuation is $48,200.00 which he feels is too high. He said he has two friends in the real estate business who make appraisals. On looking over his property, one felt it would only sell for $40,000.00 and the other felt it would sell dt a maximum of $45,000.00. Mr. Herrmann stated that we have a value of $43,500.00 on the building and two lots, and $4,700.00 on the one-half lot adjacent. ' , Councilman Starwalt questioned if Mr. Bonnet's business is for sale. He replied that it is not at the present time, but that he is considering such a circumstance. Mr. Herrmann said the building has 2,482 square feet of area and 100 feet of frontage on University ' Avenue. The estimated market value on the building is $24,500.00 and the rest of the value � is on the land. He stated that several years ago this land was selling for over $2.00 � per square foot. Commercial businesses cannot all be increased equally because of many � factors such as increases in business, the fact that there are not the amount of like � sales to compare, and that tenant changes have to be taken into consideration also. This . property was not.increased by fifteen per cent. Mr. Bonnet asked if the Assessor would honor an app.•lisal value made by an independent appraiser, if Mr. Bonnet hired one. Mr. Herrmann replied that they would certainly give consideration to an independent appraisal, provided it was made by an appraiser the City feels is competent, but he did not say the City would bind themselves to such an appr.aisal valuation. - . It was the Council's decision that at the present time this property is worth the estimated market value placed on it, and there should be no change. N0. 4--MR. RAYMOND WILLIAMS, 6240 ALDE�i WAY (LOT 2, BLOCK 2, AL ROSE RDDITION, PLAT 54074, PARCEL 450) Mr. Williams stated that he didn't believe the estimated market valuations of the homes on his block were correct. He said there are three rambler-type homes on his block and the baTance of the homes are split-entry homes which he feels have a much greater market- ability, and yet he states that his valuation of $38,000.00 is second highest in the entire block, even though his basement is not finished. The homes on this block were built two years ago, and he said the split-entry homes are still vaiued the same as when they were built. He said some of these split-entry homes are completely finished including basements, and yet their values are less than his. His objection was not real]y that his home was valued too high, but rather that it was valued too high compared to the other homes in his block--in reality saying that the split-entry homes were appraised at too low a figure. Mr. Herrmann brought up the fact that our Assessing Department would be inclined to agree with Mr. Williams that the split-entry homes are slightly undervalued, not only in his block but all over the City and possibly the County. After all appraisals were completed this year, based on marketability at the present time it appeared that the value on split- entry homes was a little low. This market of course, might change, but if it does not, in two years when a change ean be made, split-entry valuations wil] be increased accordingly, whereas rambler-type homes would not be raised as much, Of course market- ability of different types of homes could change again. Nir. Williams said he didn't feel it was fair for him to be penalized for four years without a change. Mr. Herrmann said he agreed that it didn't seem fair, but we do encounter such problems through the City no matter how hard they try. Councilman Starwalt stated that if the market continues as it has with split-entrys being so popular, then in two years Mr. Williams will be receiving the advantage of a lower tax and the split-entrys will be paying the higher tax. � Mr. Williams stated that he definitely intends to appeal his valuation to the County Board of Review if he could receive no satisfaction at this meeting. It was the opinion of the members of the Council that they could not in all fairness increase all split- • entrys in this particular block without increasing the valuation of all split entrys in the City and County, and that it would be just as unfair to lower Mr. Williams' valuation when they felt that his home was worth the estimated market value placed upon it. The basic schedule for split-entrys and for rambler-type homes as well as all other basic types of homes.comes from the County, Mr. Williams showed Mayor Nee a list he had prepared showing the estimated market value placed on each Froperty in his block, which all of the Councilmen then examined. i � . '�� 180 __ _ __ __ �_ � i. ; ' BOARD OF EQUALIZATION MEETIN6 OF MAY 8, 1975 PAGE 4 It was pointed out that any property owner whose valuation was raised as a result of this meeting must be notified. There have been no re-sales in this block to be used in comparison. The question was brought up as to whether the local Board could raise the value of every split-entry through the City by a percentage. Mr. Johnson stated that the local Board has the authority to raise any individual property owner's valuation as long as they stay within the one per cent total limitation on changes, but cannot raise valuations by class. Mr. Williams said that at the time he purchased his home, he could have had either a split-entry or a rambler-type home for the same price, although someone else might not have had this same choice. He said he bought the rambler-type home because he felt it would have a lower tax as spTit-entrys were more popular on the market. Mr. Williams has more square footage on the ground floor with a rambler for taxable purposes than the split-entry homes do. He stated that he has made no improvements to his home since it was built. It was the general opinion of both the Council members and the Assessing Department that the estimated market value placed on Mr. Williams' property was a fair value, and that his home could defi.nitely be sold for more than this value with no problems. Mr. Williams said the split-entry valuations are running approx�mately $3,000.00 less than his, and yet�they are using the whole home for living space, whereas he is not utilizing his basement. Mr. Herrmann pointed out that he does have this basement potential, and that if his basement were finished, the estimated market value would be higher. The goal of the Assessing Department is to have the estimated market value within ninety-five per cent of actual selling price. • Mayor Nee asked Mr. Williams if the split-entrys were brought to within ninety-five per cent of their actual market value, if he would object to his home also being brought to within ninety-five per cent of actual market value. Mr. Williams said it would depend on the values. Mayor Nee said this was done with his own home, and that he dtid not appreciate the increase but did feel it was fair. Mr. Herrmann stated that ii is physically impossible at this time to go back and raise the value of every split entry in the City, let alone the County. Councilman Starwalt pointed out that if this trend of marketability continues, the taxes will even themselves out and the split-entrys will be raised, and Mr. Williams with a rambler-type home will then appreciate a lower tax in comparison. He sympathizes with the situation, but feels there is nothing the Board of Equalization can do. Councilman Fitzpatrick pointed out that in effect, if they lowered Mr. Williams' value, they should really lower the value of every rambler-type home in the City and County if they were to be fair and consistent. Mr. Herrmann mentioned that though finished basements do add to a home as a selling point, a property owner does not necessarily receive a price increase comparable to what they have invested in finishing a basement. Just a few years ago, real estate appraisers felt that adding any additional value for a finished basement was an unfair thing for the Assessing Department to do, as they could not sell the homes for any appreciable price difference, even if the basements were finished. • Councilman Breider brought up the question of just how much Mr. Herrmann felt the split- entrys were below estimated market value. Mr. Herrmann said that they were probably around ninety-two per cent of actual market value, and although there might be an exception, he did not feel that there was a$3,000.00 difference between rambler-type homes and split-entry homes, and that the difference was considerably less than that amount. ' Mayor Nee said that if Mr. Williams could show that his property was not salable at . $38,000.00, that then a lowering of the estimated market value could be considered, but � just by comparing and saying that he feit his house was worth less than neighboring houses was not proof that his house was not worth the $38,000.00 valuation. Mr. Williams said an appraiser told him $40,000.00 would be top selling price for his home, as opposed to $46,900.00 for a neighboring split-entry type of home in Navember or December ' of 1974. Mr. Herrmann said this was not a true or correct comparison in his opinion. � Councilman Fitzpatrick said that anything that could be pursued through the County or anything that could be uniformly applied ta the split-entry homes throughout the city would be the only action that could be taken. , � � � ' � ; 1 �1 j I o BOARD OF EQUALIZATION MEETING OF MAY 8, 1975 PAGE 5 MOTION by Councilman Fitzpatrick to sustain the judgment of the Assessing Department and reiain the estimated market value of $38,OOO.QO. Seconded by Coancilman 8reider. Upon a voice vote, all voting aye, h1ayor Nee declared the motion carried unanimously. N0. 5--MR. GARY ANDERSON, 413 RICE CREEK BOULEVARD (LOT 1, BLOCK 2, HOLIDAY HILLS 2ND . ADDITION, PLAT 56247, PARGEL l00) Mr. Anderson stated that he had a question rather than an actual complaint about his estimated market valuation. He sta±ed that his hause is located next to a park. At the time he purchased his house he felt this was an advantage. He has now changed his mind about the lot being such a desirable location due to the fact that the park has been developed so there is now much more traffic, parking in front of his property, and more noise and bright lights. His property is also located across the street from church property, although this does not cause him any prob]ems at the present time. Mr. Anderson asked if all the houses in his area are considered of approximately the same value, or if consideration is made of such factors. Mr. Herrmann explained that as the properties are located further down the street away from the park and nearer the creek, the valuations are higher because the properties are considered more choice. He said that some people do prefer a location near a park, whereas others do not. . - Mr. Anderson was satisfied by the answer to his question. N0. b--MR. JEROME W. BUHN, 7573 LYRIC LANE (LOT 6, BLOCK 3, MELODY MANOR 4TH ADDIT.ION, PLAT 56811, PARCEL 1080) Mr. Buhn stated that he does not have any quarrel with his estimated market value, but � does question why he received such a large increase in his taxes this year--thirty-two per cent. With the slow-down in economy and holding the lines on wages as they are, this does not seem reasonable to him. t � ,� I � �I� i �� r a � � I i i � Cbuncilman Breider, who lives in this same area, explained some of the reasons why this particular area received the largest increase of any area in Frid�ey this year. The property is located in School District No. 16. Due to the fiscal Disparity Law now in effect, we have to share with all communities within a seven-county area. Property owners located in this particular area had to pay a larger share because of the numerous industries in this area, but the majority of what was paid went to Minnzapolis and St. Paul rather than back to our area which resulted in approximately a�-mill increase. 7his accounts for approximately $81.00 of the increase on Mr. Buhn's taxes. Then Vocational School No. 916 located in White Bear added an additional 2.39-mill increase to the school district tax for this area. This added another $20.00 to Mr. Buhn's tax increase. Some coummunites had a pubiic vote as to whether they Nrould be involved u�rith Vocational School No. 916, but Councilman Breider said that to the best of his knowledge he and his neighbors had never been asked their opinion as to School District No. 16 helping to support this school. Mr. Buhn was satisfied with the explanation. N0. 7--MR. WARREN E. WOODS, 6863 SEVENTH STREET NORTHEAST (LOT 6, °LOCK 5, RICE CREEK TERRACE PLAT 7 ADDITION, PLAT 57586, PARCEL 2660) Mr. Woods said that according to his figuring his taxes went up close to twenty per cent, rather than the fifteen percent which was the overall average increase, and questioned why. He said his only improvement was a$330.00 blacktop driveway, and he also has a sump pump in his basement. He stated that this year if he hadn't had the sump pump, he would have had water on his fioor. With the sump pump i� use, he only had moisture. He said the valuation card he had received for January 2, 1973, was $26,700.00 and for Janaury 2, 1975, was $31,200.00. Mr. Woods said maybe his figuring was wrong, but the increase was at least eighteen per cent. Mr. Herrmann said he had received an increase of sixteen and seven-tenths per cent. � 182 __ . ___ _ _ _ - _ _ _-� , i 'I � � � BOARD aF EQUALIZATION MEETING OE MAY 8, 1975 PA6E 6 Mr. Woods then said his figuring was wrong, but that he would then question his � estimated market value, because he just couldn't understand how it could have risen that much. He stated his father-in-law lived just south of Mississippi Street and that his taxes had gone down. Mr. Herrmann said this could not be true, and asked that Mr. Woods check with the Assessor's Department and the staff would check the records, because he was sure there had been no reductions as the mill rates went up this year for every district of the City. Mr. Herrmann stated that the values have risen becau5e the prices of houses have just gone up this much. The question was brought up that maybe the faiher-in-law had finished paying a long-standing assessment which, though reducing the total tax statement, does not affect the real estate_tax itself. Mr. Herrmann pointed out that the taxable market values for taxes payable in 1974 and for taxes payable in 1975 were identical, but the increase in mill rates accounted for the increase in the taxes and not a change in valuation. Mr. Woods said he would check with the Assessing Department as to the correct amount of his father-in-law's real estate tax. He.felt his question had been answered satisfact�riiy. N0. 8--MR. RANDY LEE HOFFA, 8000 EAST RIVER ROAD (LOTS 12 AND 25, BLOCK 8, SPRIN6 BROOK PARK ADDITION, PLAT 59140, PARCEL 1540 Mr. Hoffa said that he purchased his home last August for $26,000.00. He said it -was appraised at $26,000.00 by an independent appraiser, and at $26,500.00 by an FHA appraiser. His estimated market value is $30,200.00,an increase of $4,000.00, which he feels is too high, especially when he feels the $26,000.00 purchase price for the home last fall was a fair price and value then. Mr. Herrmann questioned if.there were special assessments on the property, and Mr. Hoffa said that all special assessments were paid off by the seller when he purchased the home. Mr. Herrmann said this is in an area where the values were raised on a straight fifteen per cent this year. This area was physically re-evaluated in 1973, and if more than five per cent value was added because of this re-evaluation, only five per cent was added on the tax statement in one year per the law, and the additional increase would be added on the fol7owing year. Mayor Nee asked Mr. Herrmann what his opinion was, and Mr. Herrmann said he would like to take another look at this home to determine if the evaluation was fair, and if there were any extenuating circumstances, and would bring back the information at the continuation of this meeting. Mr. Hoffa wi11 be notified of the date and time of the meeting. N0. 9--MR. L.EO LEMPKE (RESIDES AT 2229 NORTHEAST 6TH STREET) -- OI�JNS VACAN7 LOT WITN 38.5 FEET FRONTAGE ON 47TH AVENUE AND 3RD STREET (LOT 30, BLOCK 9, PLYMOUTH ADDITION, PLAT 57352, PARCEL 5385) Mr. Lempke stated that his estimated market value this year was increased from $500.00 to $600.00> which he feels is too high for this vacant lot. Mr. Lempke explained•that when University Avenue was widened and made into a freeway, 47th Avenue was closed off as a dead-end street. The City offered this small lot through a Mr, aim Lupient for sale about thirteen years ago, and Mr. Lempke bought it with the hope of someday developing it as a building site. He has paid taxes on it all these years. Mr. Lempke said he applied for a building permit sometime during the term of Jack Kirkham as Mayor, and it was � approved by the Planning Commission and then went to Council. Inadvertently he was not \ present at the meeting when the Council took action and denied his request for a buiTding permit. Since then he has attempted nothing further. He said consideration of vacation of 47th Avenue was discussed along with the application for a building permit. If this street were able to be vacated, depending on what utility lines are in Ghe street, it � would give Mr. Lempke a bui1dable lot. Mr. Herrmann stated that he had talked with someone else recently about a lot with the same type of situation, and this person too is going to see if a street vacation is possible. ' � r_ _— I , ' i i I � ; � ! e . :� � � I � �, � � BOARD OF EQUALIZATION MEETING OF MAY 8, 1975 l83 PAGE 7 Councilman Fitzpatrick suggested ihat Mr. Lempke again petition for a street vacation and then ask for a building permit. Formerly there was talk of putting a walkway over University Avenue on 47th, so that was one reason why this deadend street was not vacated at that time. This possibility no longer exists. Also, some of the regulations regarding the placing of buildings on narrow lots might have been changed since the original request was made. � Mr. Lempke obtained Councilman Fitzpatrick's telephone number and will contact him. Councilman Fitzpatrick told him that the application for vacation would have to be made at the City offices. The City Assessor said he does not know if this lot is buildable or not. If so, the valuation would be much higher than it presently is. It was the feeTing of the members of the Counci7 that no change should be made at this time in the estimated market value of the vacant lot. N0. 1--MR. RICHARD HARRIS At this time Mayor Nee called on Mr. Richard Harris, registered as No. 1, but who had. asked to appear following any other visitors to the meeting in fairness to them as he had�a number of things he wanted to discuss. RESIDENCE--6200 RIVERVIEW TERRACE (LOT2, BLOCK 3, JULI-ANN ADDITION, PLAT 56450, PARCEL 240) Mr. Harris first publicly thanked Mr. Herrmann and his staff for the long hours they have spent going over the estimated market valuations on various properties owned by Mr. Harris and jointly by Mr. Narris and his father, and explaining the�ir reasoning for the valuations. He said they were very patient and helpful, and he hoped that an equitable solution for all could be r.eached. ' Mr. Harris' first concern was that he felt that the estimated market value of $59,190.00 � - on his home is too high. He said he had gone over the valuation with P4r. Mulcahy who physically appraised the house. He explained he knows how much he put into the house to build it, and from that viewpoint he feels it should not carry this much value. One � � of his major points is that the design of the house is very innovative, and it was his � feeling that he has never gotten a true appraisal of value because there is nothing of � � a similar type to compare with his home. His home is iocated on a large river lot. He also questioned the value put on the lot, and it was pointed out that fairiy comparable river lots have been selling for $18,000.00 and $20,D00.00 including assessments. � � � �� ' , � � � i C`� It was the decision of the Council that his nome could be sold for $60,000.00 with no difficulty, taking into account both the building and the location, so they felt no change should be made in the Valuation. 7701 MAIN STREET NORTHEAST AND VACANT LOT ADJACENT (LOT 5, BLOCK 3, EAST RRNCH ESTATES 2ND ADDITION WITH BUILDING, AND LOT 6, BLOCK 3, EAST RANCH ESTATES 2ND ADDITION, WHICH IS VACANT• PLAT 55754, PARCELS 140 AND 150) Lot 5 is commercial property which has a warehouse on which Mr. Narris feels the estimated market valuation is just a little 6it high, and an office area in addition to the ]and which he feels is very high. He said he purchased the lots for $12,600.00 together. We have a va1ue of $24,800.00 on Lot 5 with the building and a value of $15,900.00 on the vacant lot. He feels this is not a realistic value. Mr. Narris says he actually had a total construction cost of $66,000.00 for this building, and feels our valuation of $115,600.00 is too high. He stated that he had gone over the valuation with Mr. Madsen, and according to the standards used by the Assessing Department to place a value on comnercial property, Mr. Madsen's valuation was very fair and done correctly. Mr. Harris contends that it is the standards used in assessing commercial property with which he disagrees; and not the actual assessing job done by the City. He suggested for instance that values be computed on cubic footage rather than on square footage. Mr. Madsen expiained that values used to be computed that way, but now virtually all values are based on square footage with the exception of rental storage warehouse units which are rented and in which the total space is used from floor to ceiling. , # � , a : z � � a _ a � - - -----_ ' 184 BOARD OF EQUALIZATION MEETING OF MAY 8, 1975 -- __ _ _ _ _ _. � � PAGE 8 i ; � Mr. Harris said that it is difficult when you have good tenants who are having a difficult time paying the rent now with the economic situation the way it is, to pass on large increases in rent to compensate with the taxes being increased so much. He feels this is unfair to both owner and renter. In working with commercial property, our Assessing Department works with the basic rate book by Marshall and Swift which is widely used all over the County. This book has basic ratings for commercial buildings and takes in different variations such as type of construction, type of lighting, etc. 7710 AND 7720 MAIN STREET NORTHEAST {LOTS 1-10, BLOCK 8, ONAWAY ADDITION, PLAT 57189, PARCEL 1830) Mr. Harris also questioned the estimated market valuation placed on his properties at 7710 and 7720 Main Street Northeast, Mr. Herrmann stated that in going over these valuations with Mr. Harris, an error had been discovered on Parcel 1830 in the measure- ment of the building at 7710 Main Street Northeast, and this error will be corrected by the Assessor's office automatically and no action need be taken by the Board of Equalization to correct this error. Mr. Harris again pointed out that it is the standards used in placing a valuation on the buildings that.he really objects to, and not the ;airness of the valuations themselves. The Assessor said these lots were originally tax forfeit lots with a low value placed on them just so they would ssll and get back on the tax ro•lls. The selling price was not a true•indication of their real value. The Assessor also mentioned that any cost for correction of soil conditions is applied to the land values rather than the building values. Mr. Harris agreed with this. 13-15-17 -- 77TH WAY NORTHEAST (LOTS 11 AND 26-37, BLOCK 8, ONAWAY ADDITION, PLAT 57189, PARCEL 2020) • Next Mr. Harris discussed his buildings located at 13-15-17 -- 77th Way Northeast. He stated that these buildings were done in stage construction and that again, in using some innovative building designs, he feels it is difficult to have these properties appraised at their true value. Mr. Madsen pointed out that while saving some building costs by using new types of materials, you also do pay a premium for the newly developed types of materials. Mr. Harris mentioned that he actually paid less on the most recently built buiiding for some of the lumber and also for same of the masonry work, which greatly suprised him in these days of rising costs. Also, some of the labor was cheaper than in previous years. Mr. Herrmann stated that over all three buildings combined, there was a ten and one- half per cent increase in valuation. Mayor Nee asked if an independent appraiser was hired, with Mr. Harris paying one- half the cost and the City the other ha}f, would he be willing to abide with the decision of the appraiser as to a fair market value. Mr. Harris said he would be will�ng but he would have to discuss it with his father as they are partners. Mr. Herrmann was then asked what he thought an independent appraiser might charge, and Mr. Herrmann thought the cost would be in the neighborhood Qf $1,000.00. Councilman Breider then questioned whether the City might not be setting a precendent in doing this, as then we would be almost obliged to do this for any other commereial property owner who might request a new valuation. General discussion was held as to where this money could be obtained, etc. The question was directed to Mr. Nerrmann as to just what was done last year when Viking Chevrolet questioned their valuation. Mr. Herrmann explained that he and �, his staff visited a number of car dealerships in various communities and compared their valuations, which resulted in the Board of Equalization reducing the market valuation about $.06 per square foot on the valuation. It was suggested that perhaps a representative from the County would meet with Mr. Herrmann, his staff, Mr. Harris, and his father, and would physically evaluate the buildings again and go over the procedures used, if Mr. Harris was willing. He agreed with this suggestion, and sa.id if he could in his own mind feel justified that these buildings are worth this much, he could bring himself to accept these valuations. � I � � � � � . � , � � �� ; ; ; ��. � � .� i � l85 � BOARD OF EQUALIZA7ION MEETING OF MAY 8, 1975 PAGE 9 VACANT LQTS (IQTS 1-7, BLQCK 7, ONAWAY ADDITION, PLAT 57189, PARCELS 1420, 1430, 1440, 1450, 1460, 1470, AND 1480} Mr. Harris next discussed a number of vacant lots which he owns and the estimated market valuation placed on them. The valuation of $3,000.00 on Lot 1 was not too much out of line he felt, as Lot 1 is larger than the other lo�s. Then there is a valuation of $2,500.00 on Lots 2, 3, 5, 6, and 7, and a valuation of $1,700.00 on Lot 4 as there is an open ditch running through this lot. Mr. Harris said that there is a topography map of the original Onaway Plat which shows that much of this soil is peat. He said specificially that part of Lot 2 is good and part poor, that Lots, 3, 4, 5, and part of Lot 6 are also poor, but that Lot 7 has.a good soil base. Mr. Herrmann explained that it is difficult to a.scertain this by just looking at surface soil, and that the City has neither the time, money, nor the facilities to make soil testings when appraising vacant land. VACANT LOTS (LOTS 21, 22, AND 23, BLOCK 1, ONAWAY ADDITION, PLAT 57189, PARCELS 210, 220, AND 230) Mr..Narris also mentioned that he felt the valuations on Lots 21, 22, and 23, Block l, Onaway Addition, are high because of the poor soi; conditions. Mr. Harris said there is a lot of peat soil on Lot 23. . It was agreed that the Assessor's Department will make a physical evaluation of these vacarit lots to see if they feel justified in the valuations they have placed on these lots. MOTION by Councilman Breider to reconvene this Board of Equalization meeting next Thursday evening, May 15, 1975, at 7:30 P.M. The motion was seconded by Councilman Fitzpatrick. Upon a voice vote, all ayes, Mayor Nee declared the motion carried unanimously. ' MOTION by Councilman Breider to recess the meeting of the Board of Equalization. Seconded by Councilroan Starwalt. Upon a voice vote, all ayes, Mayor Nee declared the meeting of the Board of Equalization recessed at 10:35 P.M., May 8, 1975. Respectfully submitted, (7`"� a�, Patricia Sykes William J. Nee Mayor. . �i � � � ; _ 3 � ----- -- ___ _ -- i _ ! 186 � � ;� • � � , � � � � 1 , - • � 1 � �� THE MINUTES OF THE PUBLIC HEARING MEETING Of THE FRIDLEY CITY COUNCIL OF MAY 12, 1975 The Public Hearing Meeting of the Fridley City Council of May 12, 1975 was called to order at 7:33 P.M. by Mayor Nee. PLEDGE OF ALLEGIANCE: Mayor Nee welcomed those present and said the Council invited all to join them in saying the Pledge of Allegiance to the Flag. ROLL CALL: MEMBERS PRESENT: MEMBERS ABSENT: PRESENTATION OF AWARD: 6TH ANNUAL HONOR_ Mayor Nee, Councilwoman Kukowski, Councilman Breider, Councilman Starwalt, and Councilman Fitzpatrick None. ENVI Mayor•Nee called on the Pr�sident of the Foundation for the Islands of Peace, Mr. Burt Ellis, and also the Founder, Mr. Ed Wilmes t� come forward and receive the award. Mayor Nee explained that the award had been received from the Environmental Monthly Maqazine. He read the inscription on the award to those present. Mr. Burt Ellis said he would like Mr. Ed Wilmes to receive the award because he has done so much for this cause. He said without Mr. Wilme' help and the help from the City, and the community, this award would not have been possible. Mr. Ellis said he would appreciate it if the award would be presented to Mr. Wilmes. Mayor Nee said he presented the award on behalf of the City and congratulated P1r. Wilmes on the great job he is doing. Mr. Wilmes asked if he may say a few words. Mr. Wilmes addressed those present and indicated that there were three words that stick in his mind in relation to the current project. Ne sited those words to be "We the People". He said there had been so many involved in the execution of the project. He mentioned the City Staff, Council, Mayor Nee, the former members of the Council, Former Mayor Frank G. Liebl, former Gouncilman Everett Utter, the VFW local and state, American Legion, local and State and their auxiliaries, and the fridley Lions Club. Mr. Wilmes said he had received letters and eongratulatory notes from all over the Country. He mentioned that he had received a message from President Ford. He said he had also received notes from Senator Humphrey; Senator t+londale, i4r. Frenzel and also Mr. Fraser.Mr. Wilmes said he would like to accept the award on behalf of the handicapped, elderly and school children. He said the Islands of Peace allows ail of tnese people to get acqu��inted with the mighty Mississippi River. Mr. Wilmes said he believed the creation of the Islands of Peace will be - an example for future planning for the handi- capped. He said he was proud to have taken part in the Island of Peace and what it stands for and also the concept of it. Mr. Wilmes said he would like to present the award to the President of the Islands of Peace Foundation, Mr. Burt Ellis. Mr. Ellis said he was very proud of Mr. Wilmes and the City for making this all possible. He said he could recall when Mr. Wilmes had come to the Fridley Lions Club and expressed the desire to purchase the two river lots. He agreedetoaworkrwithathehfoundationbfordthenpurchase ofhthempontooneboatnandtd ckhad also , Mr. Ellis said he believed that the award should be displayed in the Fridtey City Hall where it would be viewed by many people. ; Mr. Duane Bennet, member of the Islands of Peace Foundation, addressed the Council and thanked the City staff for submitting the application to the Environmental Monthly Magazine for the Islands of Peace. He said he v�ould like to read a few letters and telegrams that had been received by the Founder, Mr. Wilmes. Mr. Bennett read telegrams sent by President Gprald Ford, Senator Humphrey, Governor Anderson, Representative Bi11 Frenzel, Don Fraser and Senatar Mondale. � � 187 PUBLIC HEARING MEETING OF MAY 12, 1975 PAGE 2 Mayor Nee again expressed the City's congratulations to the Foundation and said he hoped the project would receive the legislative grant being proposed and discussed. PROCLAMATION: PROCLAIMING MAY 15 AND 16 "POPPY DAY": Mayor Nee declared May 15 and May 16, 1975 as "Poppy Days". , ADOPTION OF AGENDA: Councilman Fitzpatrick said he would like�to add the consideration of setting a public hearing on the matter of the vacation of an alley as item number six. MOTION by Councilman Starwalt to adopt the agenda with the addition of the item mentioned by Councilman fitzpatrick. Seconded by Councilwoman Kukowski. Upon a voice vate, all voting aye, Mayor Nee declared the motion carried unanimously. PUBLIC HEARINGS: PUBLIC HEARING ON FINAL ASSESSMENT ROLL FOR SANITARY SEWER AND WATER IMPROVEMENT PROJECT NO 115: . - MQTdON by Councilman Breider to waive the reading of the public hearing notice and opened the public hearing. Seconded by Councilman Starwalt. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the public hearing opened at 7:47 P.M. The City Manager explained that this area had been served by water and sewer in 1968. He mentioned that the improvement had been petitioned for by the develaper and there should not be any comments unless the developer was present and wished to corronent. He said the improvement does not Concern anyone else than the developer. He said this was for service of Burlington Northern Plat and also Rice Creek Estates Addition on Benjamin. Mr. Ed Dropps, petitioner, said he was present but did not have any corrments concerning the improvement. MOTION by Councilman Starwalt to close the Public Hearing. Seconded by Councilwoman Kukowski. Upon a voice vote, all voting aye, Mavor Nee declared the motion carried unanimously and the Public Hearing closed at 7:49 P.M. PUBLIC HEARING ON PRELIMI"lARY ASSESSMENT ROLL fOR STREET IMPROVEMENT PROJECT N0. ST 1975-1, ADDENDUM N0. 1: � Mayor Nee explained this assessment roll within Project No. ST. 1975-1, Addendum No. 1 to be in Rice Creek Estates and Rice Creek Estates Second Addition. The City Manager said this was a part of the original approval of the plat and the developer had petitioned for the improvement to be done by the City. MOTION by Councilman Starwalt to waive the reading of the public hearing notice a.nd open the public hearing. Seconded by Councilman Breider. Upon a voice vote, all ! voting aye, Mayor Nee declared the motion carried unanimously and the Public hearing � opened at 7:50 P.M. I Mayor Nee asked if there was anyone present to comment on the preliminary assessment ' , ' roll. � ,� �\' Mr. Ed Dropps, petitioner, indicated that he was in favor of the approval of the pr�ject � and asked what the cost were. The City Manager indicated that at the present time, the i preliminary estimates were available to determine what the project may_cost. He asked . i• the finance Director to present this information to Mr. Ed Oropps, The Finance Director pointed out that.the front foot assessment is estimated at $13.92 per foot and the side yard would be estimated at $3.94. He said there would be another hearing once the project is completed. He said the costs of the project wouid be discussed at that time. Mr. Dropps said they definitely wanted the project to be completed. �� .. .. PUBLIC HEARING MEETING OF MAY 12, 1975 PAGE 3 7he City Attorney said he had checked with the County Assessors office and the plat had � not been filed at the present time. He said he thought that it would be alright to hold � the hearing on the preliminary assessments and to advise the petitioner that the bid would not be awarded until the plat is filed. He said if the time comes for the bid and the plat is not filed, this shoul,d be delayed or postponed. � , � � �� i � � r �_ � Mr. Dropps explained that the property was going through a torrancing procedure and it cannot be cleared up in any other way. He mentioned that they had received a final report from the examiner of titles and now it would only be a matter of clearing the titie. Ne said he thought that this procedure would be completed within a week or two. The City Attorney said the bid would not be awarded for about six weeks and if the title is not registered by. that time, the bid award would be delayed. Mayor Nee asked if a notice of hearing had been sent to the Theilmans? The Finance Director explained that everyone that appeared on the list in the public hearing book had received notice. Councilman Starwalt indicated that there had been some problems with this development, but_now everyone seemed satisfied with what is be'ig done. He Mentioned that Briardale Road would be cut through to Rice Creek Drive as snown which will allow access to the park. He said Woodside Court would be put through when and if there is development. He mentioned the property owner in this area is aware that he may be paying more for the improvement at that time,-but he is satisfied with this arrangement. -. , Mr. Charles Rice, 1541 Ferndale, addressed the Council and recalled that the Council had indicated that he would not be assessed for this improvement unless he split his lot. Mayor Nee questioned if this information was correct. Mr. Rice,repeated his state- ment and recalled that this had been discussed by the Council at the last meeting that this matter had been discussed. ' Mr. Mervin Herrmann, Assessor, said this property was included within those to be assessed He said the Council could decide either way on this property. The City Manager said there was some understanding that he would not use the road at all. He said there should be some comnitment that if the lot is split in the future, that Mr. Rice wouid be assessed at that time. He said this is nat the normal procedure. Mayor Nee asked if the Council had agreed to this and Mr. Rice said yes. The City Manager said at the time of the final assessment hearing, a document should be presented stating that the improvement would not be used unless the property is split. He said if the property is split, the property owner would have to pay the assessments. Counci]man Starwalt said there had been much hostile discussion on the improvement of this area and it was not satisfactory with many people. He said the property owners should work very closely with the City to they have a�rirm understanding of the proposal. Councilman Starwalt said there will be a final assessment hearing and at this time, the Council will make a determination on whether or not the assessments would be levied. He said something that would be satisfactory with both parties could be worked out . before that time. MOTION by Councilman Starwalt to close the Public Hearing. Seconded by Councilwoman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimous�y and the Public Hearing closed at 8:00 P.M. PUBLIC HEARIN6 ON ESTABLISHING CERTAIN COMMISSIONS WITHIN THE CITY OF FRIDLEY: Mayor Nee briefly explained the changes proposed by the revamping of the commissions to the increase in emphasis on Humar Resources and the Environment and how they , . constitute questions in the community development. The City Manager said there are two proposals within the Council agenda, the original , pr.oposal �ahich had been discussed at the conference meeting of the Council. He said the Council had indicated that the proposal should be reviewed by all of the comnittees and commissions to gain more input. He pointed out on page 3-N of the agenda, there is • a recommended ordinance in which all of the recommendations of the Planning Corrmission and other corrnnittees had been included. •He pointed out ane modification that had not � been included in the proposal is one suggested by the Environmental Quality Commission � i • �_ . _ _ _ •_ __ _ _ . ___ _ __._. �_,_ _.__._-. I i .� ; �I t� 1 PUBLIC HEARING MEETING OF P4AY 12, 1975 PAGE 4 I that the member,s of the various committees be appointed according to Wards. He said this had been disucssed and it was thought that this criteria may be somewhat restrictive. He further explained that they had included the language that Ward appointments be encouraged. The City Manager also pointed out that the proposal had been submitted to the various civic and service organizations in the City and many had not reacted in any way. He ' mentioned that the proposal had been transmitted to the Fridley DFL, GOP, League of Woman ;� Voters, and Chamber of Commerce. He said there had also been proposals given to the State, ', School and County officials without any reaction from them. ' The City Manager said the proposal covers two distinct areas, one the comprehensive planning and setting of goals for the City and, secondly, the implementation of the plans. He said ' thiswould enable the comprehensive planning to be prepared and reviewc� by the staff, the member commissions> Planning Corrrnission,.and finally be considered and adopted by the City Council. He said after the establishment of the goals, the implementation of the comprehensive plan, each major proposal would be reviewed by the staff, member commissions before the Council will take action on the matter. He said thi svould add from one to two weeks to any consideration coming before the Council. The City Manager sai� under the current proposal, there is en unlimited number of persons w.ho would be able to serve the member corrnnissions through project comnittees and participate. This would place all of the member commissions under the Planning Corrmission who would review all matters before they come to the City Council. � .\ Mayor Nee comnented that before, the member commissions had a direct line of communication or access to the City Council. He said there are pros and cons to the proposal. He mentioned that this amount of items may overwhelm the Planning Commission if the items are not processed expediently and quickly. He questioned if thi �rould or would not improve the process. The City Manager pointed out that the Planning Commission Hiould be on the planning side of the comprehensive plan. He said the day to day review should be done b,y the member commissions. He said the P�anning�Commission would only be committed if they wanted to and the Council, would only review and approve the requests. The City D1anager said hopefully, the considerations will be thoroughly discussed before they come to the Council and the time would be reduced by this. He said it would put additional time in the overall process for the applicants, but it may reduce the time for Council consideration. The City Manager explained through the consideration by various concerned member commissions, the Planning Corrmission would be able to send a recommendation to the Council that would incorporate all responses and concerns. The City Manager said the Council will still get the minutes of the member commissions meetings and Planning Comnission and the Council would make the final decisions. Mr. Dennis Schneider, 6190 STinson Blvd., addressed the Council and said althought he is the Chairman of the Fridley DFL, he was not speaking for them. He informed the Council that the Fridley OFL had takQn the position on the matter to not take a position. Mr. Schneider said his personal concern was that there is no check forthe Planning Commission. He explained that the recommendation of the Planning Corronission does carry some weight and he questioned if there was some way that a private citizen could express himself to the Council and carry as much weight as the Planning Commission. He said he would like to see the establishment of some citizen cor.anittee that could report to the Council so there would be some checks and balances. He mentioned if a private citizen is unhappy, he could not carry the weight of the recommendation of the Planning Commission. He said it may be the case that the citizen feels uncomfortable in addressing the Cauncil. Mayor Nee said he could not see how this type of aspect could be added to the ordinance. Mrs. Helen Treuenfels, 5248 Horizon Drive, asked if the Council had ever considered having an ombudsman. She mentioned that some people do not want to make presentations to the Council. . Mayor N�e asked if this would be a compensated person. Mrs. Treuenfets said not normally, but he could be. She c�ntinued to comment that in this case, the person would work for the City, not the citizens. The City Manager explained that if any member of the member commissions would wish to speak to the Council, he would be able to do so. He also mentioned that if any commission as a whol•e wanted to visit the Council, this would also be possible. He said the Council would still make the final dicision. He said this may be adding to the time period by providing adverse reaction from those individuals requesting action from the Council. He mentioned that the Council would tend to make less mistakes and their output would be better. Mr. Schneider addressed the Council and asked if there cauld be some court of last resort . �_ . :_ -_ _ __ ___ __ ___.__._. � � I � . PUBLIC HEARING MEETING OF MAY 12, 1975 PAGE 5 if a case is not presen�ed fairly by the Planning Commission which would have more weight than the Planning Corrvnission. He asked if this kind of check and balance could 5e created by a citizen comnittee appointed by the Council. • The City Manager said the matter would be reviewed by the Board of Appeals and other �° corrmissions. he said after this the matter would come to the Council. He said the Planning Corr�nission would receive the minutes before the Council gets them. He said there would not only be input by one corrmission, but by more than one. Mr. Jerry Boardman, Planning Assistant, said the Planning Commission would review the minutes of the member corrmissions to determine if the recommendationor request is in 7ine with the policy of the City. He said if the member commissions are involved in the implementation process, they would set the goals and objectives which would be adopted by the city Council. The City Manager said the Planning Commission would not act on all matters, they would just review the items for policy. He said there is a number of checks and bdlances in the process. The City Manager said there would always be room for more. Councilman Starwalt said he felt much the same way. He said the check and balances start at the lowest level and work on �hrough the process up to the C�uncil. He said he•would not want to reject such an idea an an o�5udsman, but thought,this may be thought of about six months down the road. He said thismay be something that is needed, but he did not see it now. He said he was not saying the suggestion is without merit.. Mr. Schneider said he did not see that this was needed at the present time, but said he was.afraid of what may exist in five years from the present t.ime. Councilman StarwaTt said he has noticed that there are many comments from the floor and he felt he hoped there would never be a need for such an ombudsman. Councilman Fitzpatrick said most of the it.ems of importance come before the Council from a public hearing. He thought this provision would take care of this concern. He added,• this invites the public ta be heard on most matters, and thisis after the Planning Commission has made their recomnendations. Mr. Schneider asked what would happen if there was not a public hearing. Mayor Nee said this is usually required by law. Councilman Fitzpatrick said a cftizen may come before the Planning Corrmission or Council without a public hearing. The CIty Manager advised the Council that in any major action by the Council such as rezoning, plats, and vacations of property, a public hearing would be required. In cases where there is nothing major, there would be norequirement for a public hearing. Councilman Breider mentioned that with 33,000 people in the City, if the Council did something that did not do the people any good, they would be in trouble. He said the Council wanted to gei as many people as possible involved to get the cross thinking of the individual items. He said he had talked to people concerning the idea of checks and balances, and they had not come up with anything. � Mayor Nee said with the proposal, it had been the hope that various conflicts may be resolved before the matter reaches the Council. Ne said with the various committees reviewing the matters and receiving the minutes individually, the Council wilt often times receive many sets of recomnendations and the Planning Commission could process these conflicting recommendations and send a proposal to the Council. He said he would like everyone to understand the concept. Mayor Nee said he thought this makes sense. Mr. Bill Scott, 1632 64th Avenue N. E., said he had looked at the proposal and he thought �, that this was a step in the right direction. He said it seemed like quite a formal proposal and he would like to see theappointment and selection criteria more formal atso. � He thought that the selection from the wards chould bemade with each member of the Council making one appointment to each subcommittee and hopefully, from this Ward. He thought �. participation shouid be from the neighborhood level. He mentioned that' the City had almost missed the boat in the appointments to the Bi-Centennial Committee. � Mr. Scott referred to the section concerning the Planning Commission and said that all � recomnendations should be made to the City Council through the City Manager. He said he thought the Planning Corrmission should report directly to the City Coucnil. He also questioned the portion of the section which said the Chairman of the Planning Commission could assign work to the secretary of.the Subcommittee with the approval of the City Manager. Mayor Nee said the City Manager would be responsible for the budget aspects. He used the �example of if the Planning Comnission would want 1,000 hours of engineering time, this � adauld upset the budget. Mayor Nee read this section of the proposed ordinance. He 0 �� I___ ___ _ _ . _ _ __ . _._ __ ... i i• PUBLIC HEARING MEETING OF MAY 12, 1975 1 I i mentioned that this portion is currently the same. PAGE 6 Mr. Scott questioned if this section could be changed to read, "advisory staff may be assigned by the City P1anager under the r2straints of the general budget". ��y !. The City Manager said the proposed ordinance reads as the ordinance is at the present time. He said the minutes are prepared and approved by the Planning Commission. He continued to point out that it would be the City Manager's duty to see that the Planning Corrmission receives minutes of their meetings and that these minutes are submitted to the Council for approval. Ne said this is the way the ordinance has been for 12 years and ,, there had been no problems. .; i Mr. Scott said the ordinance is being presented in quite a forma' fashion, and he questioned why this section could not be formalized also. He mentioned that the word "through" in this proposed ordinance makes him think this operation is run like the military. The City Manager responded that someone would have to be responsible for seeing that the minutes get to the City Council. He said this is the process being used now. The City i�lanager said the current ordinance is as formal as the one proposed, the farmality had not been changed. The City Manager also men'.�aned that there are many things coming from the Planning Comnission, not just minutes. The City Manager said there had not been any problems in this system. • Mr. Jerry Boardman, Planning Assistant, referred to page 3-H of the agenda and said this section was not included within the proposal from the Planning Commission. Mr. Scott said the proposal looks like the Chairman is not going to assign duties consistant with the corm�ission. Mayor Nee said the paid administrative employees are the City Manager's employees. Mr. Scott asked if the Cha�irman asked the secretary to do something, she should have to ask the City Manager. The City Manager said if the Commission wants the secretary to do research, she cannot, she is not capable. Mayor Nee said he cannot have anyone at City Hall type a letter from him without going through the City Manager. . Councilman S'tarwalt mentioned that there would have to be this inclusion so that things do not get out of hand. He also commented that if the Chairman wou�d direct the secretarial staff to do work, they may do something that is not right. He said that the members of the Council should take thi sinto consideration when making appointments ar.d appoint people who know the ground rules and procedures. Councilman Starwalt said he would encourage the Council to stick with the proposed working.unless some problem arises. He also said he would like the apointments to be done according to Wards. Councilman Fitzpatrick said the suggestion within the proposal is to ercourage appointments by Ward, but the language is not very strong. Councilman Fitzpatrick said there would be probtems in arrangement not only in the Ward aspect, but also the schedule of appointments. Mr. Scott said he would not like the appointments to be haphazard. Mr. �cott said he thought that there is a haphazard method of rotation. He suggested that the five members of the Council appoint one member of the Subcommittee, with the Subcommittee electing their own Chairman. Councilman fitzpatrick said the appointments are set up to stagger the terms so that not more than two expire at one time. He questioned how the equal distribution would work under these conditions. Mayor Nee said he likalthe idea of the Chairman being elected by the memhers of the individual member corr�nissions. He said a�iih this syster�, aTl the Council �vould do is appoint the members of the subcommittee and they wouid elect their orm chairman to � represent them on the Planning Comnission. He said he was not sure of the details of this concept,:but it appealed to somethina in him. ; Mrs. Lee Ann Sporre, 301 Ironton St. N. E., said under this system it would be possible to have all the members of one commission living on one street. Mayor Nee said the members of the subcommittee would elect their most representative member, if they have faith in this person, This member would be totally responsible and accountable to fie member corrmission. � _..___._ ___ __. ------ ,_ . -- __._�_ _ ____.._._ _ ___ _ -- -- . . . - - -- --- - - _- ------ - __ _ _ --- - - � --- . , � � 19 O PUBLIC HEARING MEETING OF t?IAY 12, 1975 PAGE 7 . i � � � , Councilman Fitzpatrick said he agreed with Mayor Nee. He mentioned that there had been I' � pro6l..ems with the Chairman of the Subcomnittes not always being representative of the Co►nnittee. Councilman Fitzpatrick said he is concerned about the geographic distribution � on the Planning Comnission. � , � � � � � � � - \ L__J Counciiman Starwalt mentioned that the Council could aprsrove or disapprove of the appointment as done by the members of the comnission. He said through this process, the Council could encourage even distribution. • Mr. Scott asked if what was being proposed is thatthe Chairman would have to come from one of the Wards. Councilman Fitzpatrick said if the member comr�issions would elect their own chairman, he did not think there could be even geographic distribution. Mr. Scott said he did not think there could be even distri6ution at the present time under this proposal because the language indicates that the Councilviould only be making an attempt to a�oirt by Wards. Councilman Breider said if the Mayor ancCouncilperson at Large were to appoint people � at Large, there would be the same situation. He said there could be. three people from o�1e area on the committee. , � Mr. Scott questioned the current openings in the Subcommittees. Mayor Nee indicated that the Council was hoping to settle the consideration of the currently being discussed ordinance before the apointments were made. He mentioned that the members of the Council are eager to appoint members to fill the openings. Councilman Starwalt mentioned that what may be a,cause to the current problems is the redistribution of the Ward structure. He said the distr?bution is gradually working into shape, and he believed the appointments wouid be closer to more evenly distributed appointments than what is currently in existance. Councilman Starwalt said if the individual members of the�Council make bad appointments, they hear about it from the other members of the Council Mrs. Treuenfels said she felt the election of the chairman from within the member corm�issions was probably the best way to go. She said under the current system, one person from each of the corrunittees was permitted to run the committee. Mr. Dick Harris, Chairman of the Planning Commission, said if the Planning Commission is not overwhelmed at the present time, they never will be. He said he was not speaking as a member of the Planning Commission atthe present time, but as a member of the com�nunity who often brings concerns through the committees, and it would seem ti�at it may be possible for the whole committee to be replaced at one time. He said this has happened in the past and it is difficult. The City Manager said he thought the consideration had.gone fu11 circle. Mr. Harris also commented on the concern of Ward appointments an�'i.mentioned that this may make it mandatory tc� deny membership of some capable people on the subcommittees. He said the modified proposal would take thisinto consideration and he supported the wording that this be encouraged by Ward. He mentioned that the apointment to any commission would be majority of the CounciT members. He merrtioned that th�s would take three Council votes. He said the Councilwould have control of the appointments to the various committees. � Mayor�Nee said he did not thi�k there ►vas a need for the law to state there should be equal Ward representation, the members of the Council are very eager to appoint within their Wards. Councilman Starwalt questioned the proposal that each of the members of the Council appoint members concurrent to their own t2rm of office. He asked what would hapQen if he moved fran the City and was out of office. He questioned if those he had appointed would be off the committees with his successor appointing new members. Mayor Nee said if the terms would run concurrently with the term of office, they would have to continue until the end of the unexpired term. Councilman Starwalt said he felt very strongly that the people should not be removed from the committees. He said if able and capable people are serving, they would not want to push them out because someone else was elected. The City Attorney said he woutd like•to bring up a legal point. He said he would like to repeat something the City Manager had pointed out, that the Council would have five votes on each of the appointments. Not one appointment for each member, this would have to be voted on. 3 � � PUBLIC HEARING MEETING OF MAY 12, 1975 PAGE 8 �i t91 Mr. Bill Drigans, member of the Planning Corrmission, addressed the Council and said he did not think the method of appointment should be a part of the ordinance, he feltthis to be a policy matter. He said he felt the Mayor's proposal for the nomination of� several people would be a good policy. Ne also mentioned.that�if people are willing to serve, they should serve the entire comrnunity, not just their small neighborhood. tie said he never just thinks of his own !tiard, but rather the whole community when the considerations are before the Planning Commission. He reiterated that the Mayor's proposal for nominations was the best possible proposal. He said what the member commissions really need is qualified people and it does not real]y do the City or the committees any good to have people serving who do not have the knowledge to ask intelligent questions. He pointed out that the members of the member commissions help the Council by asking good questions. He said ihe ques,tions shouid be asked at the subcommittee leve� so the Council has the time to study the var.ious items. He said qualified people should be appointed, not campaign managers or campaign secretaries. Mr. Drigans said he felt the wide open appointments would be best, and he wouldlike to see five qualified peopie who may live within the bounds of one Ward. Council�t.oman, Kukowski mentioned that she knew of many qualified people in Ward II, she questioned, where are all of the other people from the other Wards. Mayor Nee said his suggestion would be to put five �eople in front.of the Council with _. a presentation of their biography. He said this wc,uld aive the people fice people to consider for each appointment , and the Council could make the choice from these.five. He said everyone willing to serve should have some consideration. Councilman Breider said several weeks.ago, there were letters received by the Council from people who wished to serve on the Cable Television Commission. Councilman Starwalt mentioned that the Council would like interested individuals who would have the time to serve. ' Councilman Breider said he thought the problem in distribution is a practical one which came from the redistricting of the Wards in the City. He said before this time, he had appointed people from his 4Jard, now the people ]ive in other Wards. He said he could see some prob7ems with the proposal from Ward appointments. Mayor Nee questioned the Council on their feeling concerning the proposal that the indiv- idual member corrmittees elect the Chairman to serve on the Planning Commission. Councilman Breider said he feit that the member commission wouid elect the person that would best represent their views. Ne said he thought this suggestion had a lot of inerit. Mayor Nee said he liked this proposal. He said he thought the vitality of the member commissions would be enhanced if the chairman was elected by them and could be considered "theirs". The City Manager suggested a different approach statina tfiat it may be feasible for all of the corranissions to elect their own Chairman, including the Planning Commission. He said the C ar�cil would havle the authority to solicit who they may want as Chairman of the cortmittee and this could be the recommdation of the Council. Mayor Nee said with the proposal for the Chairman to be elected, it would be possible to replace the chairman if he did not represent the views of the commission. Councilman Breider said he would much rather have the committees elect their chairman who would•determine if their position is being served. He said the commission could replace him or ask him to step down if the person did not represent the commission.. He ,' felt this would be a good form of check and balance. � � �� The Planning Assistant said the Planning Comniccion could have five new members, all at one time. He questianed if this may create some problems. Mayor Nee said th�fiv;�ould only happen if all the charmen "goof up". He said there would be a major change in the Planning Comnission if all of the CMairmen fail to represent their committee. Mr. Drigans asked how long the Chairmen would serve. Mayor Nee said this woutd be at the discretion of the comnitiee. Councilman Fitzpatrick said there are many things that could be said in favor of this concept. Councilman Fitzpatrick said unless the commission elected the newest appointment to the commission, there would be a frequent turn over on the Planning Commission. Mayor Nee commented that he did not think this would be necessarily so, but it could happen. � 192 � . :' � , � � � � � � ,� �- _. _ __....___ ._. ._._. . � I i PUBLIC HEARING MEETING OF MAY 12, 1975 PAGE 9 I He said if there is a strong chairman, he would be reappointed by the Council: Mayor.Nee said the members of the member commissions would read the minutes of the Planning Commission Meetingsand the Chairman would have to maintain the confidence of the members: He said he thought this would be a fair test. He said if not, there is a real question on whether the representative should be on the Planning Commission. , Councilman Fitzpatrick said the concept of the electionof the chairman has much to say for it. He said he could see scme problems, but they might not be the most important criteria of the consideration. Councilman Starti�alt said he could see the points raised by Councilman Fitzpatick. , Councilman Starwalt said it has been the feeling in the past to keep as many experienced members on the Planning Commission as possible. Mayor Nee make the point that if the Chairman of the Subconanittee does not have the confidence of the committee, maybe he should not be on the Planning Corrrnission. Councilman Starwlat corranented that there may not be as much turnover as is being questioned. Mayor Nee said if strong people are elected by the Subcommittee, there would not be this much turnover. The City Manager corr�nented thatthe �C%a!ncil should think about the continuity of.the process. He said this system would create the potential of having five new members on the Planning CorrQnission. He suggested-that the Council asi� the subcommittee for their input before the Council appointment as Chairman. Ne said this would have to be done at Council level. he mentioned that the Council uses the help of the citizens committees to make decisions, but the Council has to rr�ake the ultimate decisions. He said the Council has to answer to the citizens of the City. He reiterated, the continuity of the process is a very important consideratian. He said the conmittees make suggestions to the Council and these recommendations have some weight. ' Mayor Nee said this would make the Planning Corranission answerabie to the cemmittees rather than the Council. ��Ir. Nick Garaffa, 6750 Monroe Street N. E., said he believed that the Chairman should represent the majority view of the m2mber commissions. Mr. Garaffa said in past action, some chairmen did not represent the majority view of the commissions. He said there is the possibility of the chairman acting for himself instead of for the cor�mission and this stop gap procedure would alleviate this problem. He said the people on the cortenissions could come to the meeting and indicate tYat the Chairman does not represent the majority. The City Manager said that all minutes of the Subcommittees will be reviewed by the Council and if any action iS taken, the Council will be aware of this. He mentioned that this would also indicate if the Chairman is not acting in accordance with the feelings of the majority of the member correnission. The City t�lanager brought up the point that the Council's decision would be based on all of the members of the community, and the corrmission's consideration is not tlie all deciding factor. He said the Council will review all the available material and information aswell as the feelings of the community and make its decisions for the good of the communiiy. Mayor Nee said he is sure that the members of the Council review the minutes of the member commissions and are aware of the areas of conflict. Mr. Garaffa said there is a loophole inthis statement. He said the action views of the various correnissions may not be presented to the Council at the same time. He sai� not � � just the recommendations of the Planning Commission should be considered. He said this � would be alright if the recorrmendation represents the majority thinking. He said all of the member corrmissions should find out about the consideration in a timely manner, not like in the past, after an item is acted on by the Council. � Mayor Nee said the chairman would be alert to the considerations that his individual committee should review. He said the chairman should also have the confidence ta enter �� . into negotiations. He added, if the member commission distrusts the chairman because of his imprompto statements, he will have to come back and face this lack of confidence. • Mr. Garaffa stated that it may be possible for a chairman to wear two hats and forget '� about what happens on the subcorrmittee level. Mr. Garaffa said he would like the cortmittees to have the right to regress at the time of action, not two to three weeks after. Mrs. Treuenfels said she was concerned about the City Manager's concern over the continuity rather than representation. 'i ! ` � i , � ; } � t � � i s � ; ? . i � ; I�3 •PUBLIC NEARING MEETING OF MAY 12, 1975 PAGE 10 Mr. Scott addressed the Council and suggested that the Planning Commission be comprised of five memebers with a non voting chairman in addition to this. He suggested that if there is a tie vote, the chairman would be the tie breaker. He said he thought the Ctiairman of the Planning Comnission should not serve on other commissions. Councilman Fitzpatrick said at the present time, the Chairman of the Planning Commission does vote. He mentioned that the Chairman has always voted in the past. Mr. Scott said with the current proposal, there would be six members on the Planning Commission and there is a possibility of a tie vote. Mr. Scott suggested the possibiTity of the Chair- man not being a voting member and stated that in �he proposal, he is to be the Chairman of the Comnunity Development Comnission. He suggested that the duties of the Chairman of the Planning Comnission be limited to t#�is without having him on another commission. The City Attorney asked Councilman Fitzpatrick if he would care to be a non voting member of the Planning Commission in view of the fact that he was a past Chairman of the Corrmission. He mentioned *hat the chairman in this instance would be involved in all of the considerations and not have a voice in the outcome. He said he did not think this would be satisfactory. Councilman Fitzpatrick said there is such a small number of inembers, He did not think that �he point that the vote may be split at some t;.�es to be a valid point, but he felt there may be some problem in getting a chairman if this is the case. Councilman Fitzpatrick said often times, there are members of the Planning Commission absent and it may be difficult to have a quorum present. Councilman Starwalt said now the Chairman does vote. He said he would encourage this'to continue. Mayor Nee said he could not see any problems when the Ce?uncil vaould have the final decision to make. The City Manager again mentionedthe continuity and said there were pros and cons in the proposal. He said it would also be possible that the Ciiairman of the Planning Commission be elected within the Planning Corrm�ission. He said thiscould be done in all commissions. The City Manager continued to state that he was trying to point out the alternatives to the Council and also the pros and cons. Mr. Gafaffa asked if ihe consiructionof the commissions could be left just as they are. He said if they were reviewing all of the alternatives, one would be that they be left alone. Ne said the commissions are operating with a broad base with much citizen input at the present time. I Councilman Starwalt said the Council had been holding up the appointments to satisy itself , that the proposal is the right and proper thing. He said those people that have continued i to serve through the expired terms had done so by choice. He said there is a need to i add some people at this time. He said the Council would have to get to the filling of the vacancies. Mr. Bill Drigans said as the proposal stands at the present time, the Chairman of the Correnunity Development Comnission will serve as the Chairman of the Planning Commission. He asked the Gouncil to consider that this may allow for change in the Chairmanship of the Planning Commission on an annual basis. Mr. Drigans said this should be worked'aut and if continuity is a factor, it should be stressed at this level. The City Manager said if continuity is a factor, the members wouldnot all change in one year, they'would only change two per year. He said if there are all new members on - ; the Planning Commission, they would have to begin each process aver again. He su�gested that two of the five members should be changed at one time and one the alternate year. ; He said he could see some problems in the members of the Planning Commission serving less � � than three years. He said this method has worked in the past and he suggested that it I be retained. Mayor Nee said it might be desirable to have a change. Ne suggested that the Chairman not be a member of any conmission. The City Manager said he thought there would be special concern if the Council would appoint someone who would not vote. ; htayor Nee said the Chairman could be apointed by the Council, not by a member of another � comnission and a voting member. He said let him vote. The City Manager questioned the , � concern over the tie vote. Mayor Nee said the item would still come to the Council. Mayor Nee said the Council gets a fair sampling of what is said at the subcommittee ;�.� 1 meetings and if there is a tie vote, he could not see why this would make this much � difference. � � . i II � a � �� l , �I � � �- � 199 PUBLIC NEP,RING MEETING OF MAY 12, 1975 PAGE 11 Mrs. Lee Ann Sporre said she thought that the proposal was brought about because the staff has not had enough impact on the decision making process. She mentioned that the criteria should be spelled out on which committee should undertake considerationon specific types of items. She used the example that if the staff feels that something is a park item, and it also involves the environment, it should be spelied out wh'ich items go to what system. She stated there is the potential of something would get to the Council throur�h this flow without the committee input because of staff decision. Mayor Nee said �f the subcorrmittee had the right to consider an item, the Subcorrnnittee Chairman could preempt it at the Planning Commission level. He said this may delay the item for two weeks, but it would rely on the Chairman taking hold of it and saying, this is something that my comnittee would like to taik about. Ne said he felt this would act as a circuit breaker and there would be no problems. Mayor Nee said this would allow the Chairmen of the Subcommittees an unchallengable right to ask for an item for two weeks and this would tend to soive the problem. Mrs. Sporre said the earlier the Subcorrmittee receives the item, the better. She said she thought the Council should spell out each area and this would be for information to the staff. She said the staff could tell what a Square block is if the Council would tell them. She recailed that the City Manager said sc,,e consideration might not go through all of the member corrmissions. The City Manager said maybe he had not made himself clear. The City Manager said he thought the concerns raised by Mrs. Sporre were the concerns that ..NOUId be avoided by the adopt�on of the proposed ordinance. He explained that the comprehensive plan will be reviewed by all member comnissions and Planning Commission and CouoCil before being adopted. He mentioned that the EPlvironmental Quality Commissionis working on a model ordinance. He said this would be reviewed by the EQC, Planning Commission and Gouncil. He said this document would up date the comprehensive plan and would lay out the concerns of the Environmental Quality Commission, Parks and Recreation Commission and all of the other member commissions. He said this would adopt the framework and there are no problems at the staff level. He said one consideration may go to one or all of the member commissions. He said the staff would not gain more power with the proposal, it would have very little impact and the citizens will have greater impact. He said the comprehensive plan would be adopted by the cornmissiflns and they are to see that this plan is carried out. He said there would be more review by the citizens comnittees than there is at the present time, and also greater total review. Mayor Nee said in his discussions with the City Manager, the CSty Manager's biggest concern was the possibility of increase staff effort. He said he would not want to involve additional staff time, and there are sone negotiations in progress. Mayor Nee said he would like to minimize the staff input. He said he did not think the current discussion could cover everything that could possibily go wrong with the proposal. , Mr. Scott asked how the matters are directed to the various commissions. Mayor Nee answered saying sometimes, the Council receives a matter and will direct it to the Park Board or the concerned body. The City Manager said it would be possible to direct the various items to all five ef the commissions. He stated that thgnember commissions would have io adopt some document plan to live by. The would be a guide for the • administration. He said with th2 adootion of the plan, there is nothing that would not go automatically to the proper corrrnission. He added, if not all of the proper input has been considered on an item, it may be sent bac+� by the Council. He said there would always b,e a cycle. The City Manager mentioned that Council would have to have some concern for the time � limits. He said the Lity of Fridley would have a number of commissions thatthe other � cities do not have. He said thiswill add two weeks tc the process. Mayor Nee mentioned that the administrationwould route all items where they should go and someone in the chain could claim the item if they felt their commission should review the matter. • The City Manager continued to comment that if something would come to the Council and the Comprehensive Plan had not been addressed in the question, the Council could send the matter back to the Planning Comission or any other member commission. He said the staff could direct matters, the Planning Comnission could direct items, Council could and, a1sA the member corranissions. The City Manager used as an example that all of the environmental concerns would be listed and these concerns would be taken to the EQC. � , : Councilman Starwalt read a portion of the City's 1975 calen�ar to the Council and audience dealing with the growth and development of the City. i I I I � �� i_ ._ _ � I I l • I l95 PUBLIC HEARING MEETING MEETING OF MRY 12, 1975 PAGE 12 Mr. Garaffa asked if the current set up of the conanission would be unacceptable. The City Manager responded tha tif the c��issiorg were left as they are they would not address the human resources concerns and would not relate directly to the environmental concerns. He said the Council had directed him and he had made the plans for this revamping. Mayor Nee said he would like to explain the motivating force in this . consideration and said he had been pressing for this revision more than anybody. Councilman Breider explained thatthe current proposal would address a multitude of concerns. He mentioned that the City currently has a Plais and Subdivisions, Streets and Utilities Subcommittee and there is not that much land left for development in the City. He said there may be two to three more plats in the City and he wald rather have a working conmission. Councilman Breider continued that the current arrangement allows for concerns to go directly to the Council from the individual subcommittees. He said it would seem to him that a better job of planning and consideration of the concerns could be done if the items were reviewed by all of the subcommittees and the Planning Commission before coming to the Council. He said the activitites of the City and the member corr�missions should be directed by policy, and currently the administration does not have this kind of policy. Mr. Garaffa questioned if a car had two bad tires, would the whole care be replaced. � He said the City was planning a whole new structure when they did not know if -it is going to work. He suggested that this be put off at this time or perhaps be done , gradually. Mr. Garaffa said maybe the City should take another look at what the problems are. CounciTman Breider asked Mr. Garaffa if he had a workable solution in mind. Mr. Garaffa said he would suggest replacement on a one to one basis. Mayor Nee said this revamping is out growth of the present structure. He explained that the proposal would be building on to what is in existance. He said the first proposal Consolidates the plumbing or streets and utilities functions with the streets and utilities and other process and creates the Corr�nunity Development Commission. ;ie mentioned ' that secondly, the Environmental Quality Corrmision would be brought into the Planning Comnission process. Mayor Nee said the third revision would bring the Human Resources Comnission into the Planning Corrmission process a1so. Mayor Nee said it is his hope that the process will solve conflicts within the free wheeling atmosphere of the Planning Commission. Mr. Garaffa said he saw,Mayor Nee's point. Councilman Starwalt said he did not think the proposal reflected that much change and it did cover items that had been discussed before by the Council. Councilman Starwalt said there was not a big push to do this right at the present time, the public hearing had been set up several weeks ago. Councilman Starwalt said he thought the reorganization woutd correct the problems. He said maybe all of theproblems would not be solved, but ' it would be smoc�her and this could be amendedin the futu,re to take care of any problems ' down the road. - •--� � Mayor Nee said the most drastic change is that each concern should to to the Planning Corrmission before it goes to Council. He indicated that at the present time, the items have not been directed in this manner and the Council questions what the individual committees may and do think about the items. Mayor Plee explained under the current , proposal for revision, each of the member commissions who would have a concern about any proposal would review the proposal and it would then go to the Planning Commission for review and modification and consolidation of the member commission's recommdation and stipulations. He said after this, the matter would be directed to the Council with a combined response of the member corronissions and Planning Commission recommendation. Mayor �� Nee said he thought this would be the best manner of having thinc� processed and examined. - Mrs. Treuenfels said that by what the people nave said at the current meeting is that ! the people have lost faith in their leaders. She continued to state that she thought the plan . would be good to help restore the faith. She also mentioned that it is a good proposal that the corrrnittees elect their chairman because this lends to faith in government. She said she felt this to be a good plan and also thought 'it would work very well. The City Attorney used an example that one wants to build a plant in Fridley and this individual comes into the City and is told that he wouldneed rezoning and also variances. He would also need approval of the building plans. In order to complete this process, he would have to go to the Appeals Commission, may be to the ENvironmental Quality Commission, the Community Development Comnission, the Planning Commission and the Council. Ne said the man would be faced with five meetings. He said each of the member commissions would come up with a different stipulations and there may be a new set of rules set by each commission. ; _. � , ' ; 196 � I � � , � , � , ' , . . �i , -. . \ � \ ' � PUBLIC HEARING MEETING OF MAY 12, 1975 PAGE 13. He questioned if the applicant would be expected to produce: representation at each of ' the subcomenittee meetings. The City Attorney asked how much time and money 'this wouad take. tie mentioned at this time the City of Fridley has the reputation of being cooperative with its work between the staff and the applicants and the Council and the applicants. The City Manager said he would like to address his comments to Mr. Garaffa. He said the reaction of the staff to this proposal is that this would put more work and burden on the staff. He said there would be more input from the community. and the commissions and he did not know if this could be done with the present staff. He said the current proposal is in no way what the staff had originaily proposed. Ne said this has had three to four months of review. He sa�id he wouldnot want to give the impression that the staff is being pushy, he said they are merely reacting to the wishes of the Council. He said the proposal is only taking out what is not needed at the current time. He said the Environmental Quality Conmission had been sying for years that they had not taken care of.any concerns and they had not had anything to react to. He said wiCh. this nroposal they will have an important function andhave a specific job. He said they are currently establishing an environmental ordinance that would establish the framework for the City. The City Manager explained that any environmental concerns will go to them. The same consideration realtes to the Human Relations Commission. He said this group was created byresolution and not by an ord�nance. He said '.'�e meetinqs have not been weil attended because of lack of items to react to. He said establishing the Human„Resources Commission would give a broader input. He suggested topics for their consideration such as senior citizens in the City and youth concerns, fine arts and the woman's job market. These con�erns have serious impact on the City. , 'ihe City Manager continued to explain that the Council feels tha t the City should increase the impact of these areas and replace what the City has outgrown. He said he must emphasize that this is not a staff plan. He said this is the Council's plan and the staff had been directed to prepare it. The City Manager said he had certain reservations about this plan. He said there was only so much staff and so much resources. He said this is going to add to the review process the City noa� has. Mr. Garaffa addressed the sign question that had been previously considered by the Counci� he mentioned that the sign people had said all of the commercial area was available for signs. Mr. Garaffa said this wouldindicate that the City is for what the public is against. Mr. Garaffa said he felt the proposal to be bad for the City and would bring about more problems. He thought that everything should go smoothly with public input. Mr. Garaffa indicated he felt that the City has a problem meeting the public will and Feople are concerned about past mistakes. He said checks and balances wauld help this Mayor Nee said he felt that this was in effect what was being said in the groposal. Mr. Dick Harris questioned how mueh time would be added to the entire consideration procedure after adoption of this ordinance. Mr. Harris used as an example the recent proposal by RAO Manufacturing. The City Manager said this would add from one to two weeks to the consideration time and it may add as much as two r�onths. He said if this had to be reviewed by all of the member commissions with the considerations that certain Statutes had to be adhered to for something like rezoning. He added, hopefully, it would not take as much time after the adoption of the comprehensive plan, since thiswould address all aspects of the consideration. He also mentioned if some development would involve the dedication of some park land, this consideration would have to be reviewed by the Park and Recreation Cor�nission. He said if the comprehensive plan is laid out, the developer a�ill know what the City wants. He said the City has a zoning Code and thiswould adopt additiohal documents for �uidelines. He said the Planning Commission would review the matter with all of the minutes of the member commissions and all of the minutes and recorrmendations would be brought to the Council at one time. He mentioned that an item may only have to go to one member commissionand some may have to go to four. Mr. Harris said he was speaking as aD individual and said that one or two weeks would not bother him, but a delay of two months wou;d not be reasonable. He said he did not think the shorter delay would be unreasonable. Mayor Nee asked if currently rezoning would take about six weeks. He said with the addition of two weeks, this could take up to two months. Mr. Harris repeated if this would take�thenormal time plus two months, he would_d?lett to this. The City Manager said some development consideration should ao to the Environmental Quality Commission and this is not currently in the plan. . Mr. James Langenfeld, Chairman of the Fridley EQC, addressed the Council and indicated that most of the requests for development in the spring of the year could be taken care of in the winter months previous to this time. He said he objected to the people that � � i� ; i PUBLIC HEARING MEETING OF MAY 12, 1975 PAGE 14 come to the City with some kind of an emergency rush. He sited as an example the man who comes in for a variance and says he has a load of concrete ready to pour and needs instant action. He said when the ordinance is established this would be a good point for environmental considerations. t�� Councilman Starwalt said even if it takes six months for some major concerns, this time should be taken. He said the lesser matters could be taken care of in from one to two weeks. he said he believed ihe "red tape" to be a protection factor for everyone. Councilman Starwalt said if there is a delay, maybe they could come up with a better development than they would have had otherwise. Mr. Harris said he would like to quali,fy his statement and one to three weeks would not be Objectionable. He said in a case as the City had ten years ago (tornauo) where there is a major disaster, the City 4vould have to look at a different system of Nrogressing. He said thiswould be a d.ifferent case. Councilman Starwalt questioned whether the current amount of City staff would fit this framework. He mentioned, if not, there will be problems. ��ayor Nee said he did not feel that the City had to provide staff for the project committees, but staff would be s�plied at the corrmission level . The City Manager said as far as he knew, the Boa�•d of Appeals has had staff, the Planning Comnission and the Parks and REcreation Coirmission. He aid the others had not been until recently. He mentioned that ihe Environmental Quality Coir:mission is now receivina staff assistance at their meetangs because of the prcject they are involved in. Councilman Starwalt asked if adequate staffing could be provided ard tPe City Marager said yes, but there would be a shift in resources, now they are only providing three subcommittees with staff. Councilman Starwalt asked if this would be adequate to do justice with the present staff. The City Manager said �he memben,� ccmmissions might fee1 that they need more information and data or material and thishas to be limited. The City Manager said he hoped that the cortenissions would not expect a great deal of help because fihis would have to be limited.. He mentioned this would not be a drastic change from what is being done today. Mayor Nee used as a sample ,.�?roject. the Environmental Quality Commission had asked to monitor the water coming in from Spring Lake Park and Coon Rapids. Fie sa'rJthe costs of this type of project would have to be monitored and the Council would have to decide. Councilwoman Kukowski said she like the plan and would like to ,see the member commissions elect their own chairman. Councilman Breider said he felt the same way. He said he would also like to see the corrmittee chairman elected by the members. Councilman Fitzpatrick said he felt tnis would be a good �lan. He seid he believed that the election of the member corronissionchairman would solve many problems. Mayor Nee asked the members of the Council how they feli: about the chairman o` the Flanning Comnission not serving as chairman of tne Community Development Commission. He said this would allow the Planning Commission Chairman to be free to operate the Planning Comnission. Mr. Richard Harris, Planning Canmission Chairman, said he would prefer to not be the Chairman of another commission, there is just not this much time. He also explained that he believed that the Chairman of the Planniny Conumission.shou?� be a voting member of that body. He said there had been some problems in th past with raising a quorum and this would ino°ease the difficulty. He said it is always possible for the Planning Comnission to send something to the Council without a recommendation or a tie vote. Mayor Nee said the proposal would be that the Chairman of the Planning Commission not be a member of any other comission and that he be a voting member of the Planning Commssion which would make a total of six voting members.' • Mr. Bill Scatt said he had brought up this concern because of the possibility of a tie vote, but he also felt that the Chairman should be a voting member of the Planning Comnission. Mayor Nee said this will allow for 25 people on the commissions wiih the addition of the. Planning Commission Chairman, which would make 26. He said as many people as wanted or needed could serve on the individual ad hoc committees within eacf� member commission. Mayor Nee asked the City Manager if he would amend the o�rd�nance to state those things which had been agreed upon through the discussion. The City Manager listed the following changes to be made in the ordinance: the member comnissions would elect their own � � ' 198 ; � PUBLIC HEARING MEETING OF MAY 12, 1975 PAGE 15 chairman, the Planning Commission Chairman would serve only on the Rlanning Commission and he would be a voting m�mber. ° . Councilman Starwalt asked if the ordinance could be adopted on first reading. The City manager said it could be anended on second reading. . � MOTION by Councilwoman Kukowski to close the public hearing. Seconded by Councilinan Fitzpatrick. Mr. Drigans asked how the Council intended to make the appointments. He felt this should � be a policy matter. Councilman Fitzpatrick asked if the ordinance would be adopted as it stands, he said there would be some problems with the members being the committees are being consolidated. Mayor Nee said he strongly urged the Council to adopt the proposal that he had made. He said he was not sure that this would happen. He said there is no question on the method of appointment, there is a concern over the nominating process. Mr. Bill Scott said he would like to see the Council mem5ers personally accountable for the members they appoint. Mr. Nick Garaffa said with the current proposal, it would make it possible for all of the members of the Planning Commission to be from one 4Jard. He asked if it would be possible to indicate that the Chairman would be from a different Ward if the majority of the members are•from Ward. Mayor Nee said if the appointment is to be for three years, it would be difficult to just dump it. UPQN A VOICE VOTE, on the motion to close the public hearing, all voting aye, P4ayor Nee declared the motion carried unanimously. FIRST R�ADING OF AN ORDINANCE FSTABLISHING CERTAIN COMMISSIONS FOR TH MINNESOTA, WHICH SHALL CONSIST OF THE FOLLObJING: PLANNING COMMISSION 0 MOTION by Councilroan Starwalt to waive the reading of the ordinance and adopt the ordinance as presented on first reading. Seconded by Councilwoman Kukowski. Upon a voice vote, ali voting aye, Mayor Piee declared the motion carried unanimously. MOTION by Coun�ilman Fitzpatrick to direct the Administration to amend the ordinance for the second reading. Seconded by Councilman Starwalt. Upon a voice vote, ail voting aye, Mayor Nee declared the m�tion carried unanimously. Councilman Breider asked if the Administration had advertised what vacancies are available. Mayor Nee said this had been done for the past two months. The City �4anager said notifica- tion had been inthe paper and also on Cable Television. � ^ESOLUTION N0. 71-1975 - CONFIRMING ASSESSMENT FOR SANITARY SEWER APJD 4JATER IMPROVEMENT PROJECT N0. 115: ' MOTION by Coucnilman Breider to adopt Resolution No. 71-1975, confirming assessment for Sanitary Sewer and Water Improvement Project No. 115. Seconded by Councilwoman Kukowsk9. Upon a voice vote, all voting aye, P4ayor Plee delcared the motion carried unanimously. �\ SETTING PUaLIC HEARING FOR ALLEY VACATION SAV #75-03, BY MACHINING INC., GENERALLY LOCATED BETWEEN ASHTON AVENUE AND TNE RAILROAD TRACKS AND LIBERTY S7REET AND WiVGt tLLUW : • MOTION by Councilman Fitzpa�rick to set a public hearing for the vacationof the alley between Ashton Avenue and the railroad tracks and Liberty Street and Longfellow for June 9, 1975. Seconded by Councilman Breider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. APPOINTF1ENT OF ALTERPJATE TO THE SUBURBAN RATE AUTHORITY: � Councilman Starwalt said he was unaEle'to attend a meeting of the Surburban Rate Authority and reading over the minutes of that meeting, it had come to his attention that the group i • ; �' ' � j a ? � � ' i ; ( � ' �� , � S i � i l99 ' PUBLIC HEARING MEETING OF MAY 12, 1975 PAGE 16 '' would like alternatives appointed to attend when the member is not able to. MOTION by Councilman Starwalt to appoint Councilwoman Kukowski as an alternate member ; � to the Suburban Rate Authority. Seconded by Councilman Breider. Upon a voice vote, " G ! all voting aye, Mayor Nee declared the motion carried unanimously. � j � ADJOURNMENT: • � � MOTION by Councilman Breider to adjourn the meeting. Seconded by Councilwoman Kukowski. � i Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and ; � • the Public Hearing meeting of May 12, 1975 adjourned at 11:02 P.M. �' ; � � � �aZ ' ' Pat Ranstrom William J. 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'4 `£' , sT �u; 8 � � �p{ � . . . . 5 � Y'. Y � ^-1�. n_.> r . . . . � � � � �. . - iL� t J { � il $ . . . '�'F` 1 fi � ,� � `: �b _ � � . • • � - .$ !� � � � �i: . .. . . . . . . � � '�� i.. `y� . � � 4 � y� k�" :, 4 . 1�� J Y. c, �� . . � } ''� 34 �'� ,y . r � � � _ � � ; �� ,�: � . mrz .h � �_: � �� t :. � ,�� p r.� � . . • � Y � �+�k' '. t �' . . "�' . "' �, � . � .. � i . � � ��.�? i[ � , �3 _ �� .� ;. � � � � ';, �� ` : �, �;� � � ,�. � x � � ; �, � �, <. �' a; ,� �:� �µ', . . t � �' � � � . . � .. � � � � � � y �� . ._. � . . � . � � a-�}�. � � J � � �� . . � � ��- r . i t� �,� � �� { �� T'> � t .� T:z�-. u �� ., e..,,�. ��:� � �. ..'�l � ' ' �� CONTINUATION Of THE BOARD OF EQUALIZATION MEETING OF MAY 8, 1975 PAGE 1 The annual Board of Equalization meeting was continued at 7:30 P.M. on May 15, 1975, by Councilman Breider chairing the meeting in the absence of Mayor Nee. ATTENDANCE Present were Mayor Pro Tem Breider; Councilwoman Kukowski; Councilman Fitzpatrick; Marvin Brunsell, Assistant City Manager; Mervin Herrmann, City Assessor; Leon Madsen, Deputy Assessor; Walter Mulcahy, City Appraiser; and Lou Johnson representing Anoka County. Councilman Starwalt.entered the meeting at 7:33 P.M. Mayor Nee was absent Mayor Pro Tem Breider explained that questians raised by three property oti�ners regarding various lots were continued unt.il this time to allow the Assessing Department to re- evaluate these properties and present any recommendations they might have regarding the valuations on these properties to tne Council at this time. N0. 1--MR. DUANE NAROG, 1465 NORTN DANUBE (LOT 5, BLOCK 3, IP�NSBRUCK NORTH ADDITION, PLAT 56353, PARCEL 240) 1 A review •�as made of this property on iNay 9, 1975, by the Assessing Department. It was determined that errors made in construction do have a negative effect on the property , value. Due to the fact that the basement area of this home is quite useless'except for utility storage, it was the recommendation of the Assessing Department that this � structure be valued as though it were constructed over crawl space rather than full basement, reducing the 1975 value on the structure by $5,290.00, to a new value of $45,540.00. The Assessing Department felt that the land value should remain at $11,760.00, which results in a total 1975 value for taxes payable in 1476 of $57,300.00. ' MOTION by Councilmari Fitzpatrick to concur in the recommendation of the City Assessor and reduce the 1975 valuation to $57,300.00. Seconded by Councilwoman Kukowski. Upon a voice vote, all ayes, Mayor Pro Tem Bredier declared the motion carried unanimously. N0. 2--MR. RANDY LEE HOFFA, 8000 EAST RIVER ROAD (LOTS 12 AND 25, BLOCK 8, SP�2ING BROOK PARK ADDITION, PLAT 59140, PARCEL 1540) A review of this property was made by the Assessing Department. A nu'mber o.f items were � � noted that they felt should be valued,at less than the original value. The rate used for the bedroom area in the basement, and the floor and ceiling tile in the laundry should be reduced. The value for the bath in the basement should be eliminated until the floor drains are unplugged. The rate used on the garage should be reduced due to poor roof � construction. For these reasons, it was the recommendation of the City Assessor that the land value of $4,320.00 remain the,same, but that the structure value of $25,900.00 be reduced by $1,290.00 to a new structure value of $24,610.00, resulting in a new total of $28,930.00 in the 1975 value for taxes payable in 1976. ' � �,-- � \ � Councilman Fitzpatrick questioned if the total 1975 value should not be reduced to $26,000.00, as this home was purchased so recently for this sales price. Mr. Herrmann pointed out that in discussion with the property owner, Mr. Hoffa �had stated that in purchasing his home it was a direct sale with no commission involved, dnd that Mr. Hoffa felt his home was.worth more than $26,000.00. MOTION by Councilman Fitzpatrick to concur in the recommendation of the City Assessor and reduce�the 1975 valuation to �28,930.00. Seconded by Gouncilman Starwalt. Upon a voice vote, all ayes, Mayor Pro iem Breider declared the motion carried unanimously. N0. 3--MR. RICHARD HARRIS, 7701 MAIN STREET NORTHEAST AND VACANT LOT ADJACENT (LOT 5, BLOCK 3, EAST RANCH ESTATES 2ND ADDITION WITH BUILDING: AND LOT 6, BLOCK 3, EAST RANCH ESTATES 2ND ADDITIOPI, WHICH IS VACANT: PLAT 55754, PARCELS 140 AND 150) Mr. Herrmann stated that a representative from the County had made appraisals of all structures on which the valuation was questioned as being too high by Mr. Harris, and in each case the County's appraisal was higher than the original valuation set.by the City Assessor. , � � CONTINUATION OF THE BOARD OF EQUALIZATION MEETING Of MAY 8, 1975 PAGE.2 MAY 15, 1975 The City Assessor's recommendation on Lot 5, Block 3, East Ranch Estates 2nd Addition, which has a structure on it, was that no reduction in valuation was recommended. On Lot 6, Block 3, East Ranch Estates 2nd Addition, a vacant lot, a reduction has already been allowed due to poor soil conditions, so the City Assessor also recommended no change in valuation. 7710 AND 7720 MAIN STREET NORTHEAST (LOTS 1-10, gLOCK 8, ONAWAY ADDITION, PLAT 57189, PARCEL 1830) Mr. Herrmann stated that the Assessing Department has already allowed a credit on half of the lots because of poor soil conditions, but the other lots have a structure, so no change in land values is recommended. In placing a market value on the structure, an increase of fifteen per cent was used just as on the land but only a nine per cent increase should have been used. Also, the office was not built as large as indicated on the plans. For these reasons, it was the recommendation of the City Assessor that the 1975 value on the structure be reduced by $9,100.00 and that the land value of $21,500.00 remain the same, which results in a total 1975 value for taxes payable in 1976 of $104,700.00. 13-15-17--77TH 41AY NORTHEAST (LOTS 11 AND 26-37, BLOCK 8, ONAWAY ADDITION, PLAT 57189, PARCEL 20?�) It was the recommednation of the City Assessor that no change be made in the yaluation of this property. VACANT LOTS (LOTS 1-7, BLCOK 7, ONAWAY ADDITION, PLAT 57189, PARCELS 1420, 1430, 1440, 1450, 1460, 1470, AND 1480) Mr. Herrmann stated that Mr. Harris had given him a plat map of Onaway Addition dated 1911 which had a topography outline showing some low ground. On the basis of this map, the City Assessor's recoriunendation was that the valuation on Lots 2 and 6 be reduced by $400.00 each due to the fact tha� part of these lots was poor, resulting in a 1975 value of $2,100.00 on each lot; and that the valuation on Lots 3 and 5 be reduced by $800.0� each as they were fully within the boundaries of the low area, giving each of these lots a 1975 value of $1,700.00; and that the valuation of Lot 4 remain as is hecause a reduction has already been allowed on this lot. VACANT LOTS (LOTS 21, 22, AND 23, BLOCK 1, ONAWAY ADDITION, PLAT 57189, PARCELS 210, 220, AND 230) ' The old plat map of Onaway Addition showed no evidence of poor soil conditions on these lots, so it was the recommendation of the City Assessor that no change be made in the valuation on these lots. ' Some discussion was held between Mr. Harris and the various members of the Council. Mr. Harris stated that he has come to some conclusions about the valuations on his buildings. He feels if he had used more of these lots far actual structure and less for parking, more actual cost would have been involved in the construction. Mayor Pro Tem Breider pointed out.that he does have room for expansion which would be an added selling factor which many of our industrual buildings do not have. . Mr. Harris questioned if the valuation rate used is the same on metal and concrete block buildings. Mr. Madsen replied that the square foot rate is less on metal buildings, and that the life of a metal building is also cansidered shorter than that of a concrete block building. Mr. Harris stated that he feels he is going to have to go with metal structure rather than concrete block structure to save on building costs. Mr. Madsen mer�ioned that the materials available today for metal structures are much improved since they first started being utilized. Mr. Harris also stated that he feels he loses money every year on these commercial - buildings because he has to take into�consideration the interest he has to pay, the insurance, upkeep of buildings, etc. and yet feels he can only raise the rent so high if he is to keep these buildings occupied. He said he is going to place his industrial properties on the selling market because he feels there is no object in building correnereial properties unless there is some profit involved. • CONTINUATION OF THE BOARD OF EQUALIZATION MEETING Of MAY 8, 1975 PAGE 3 MAY 15, 1975 MOTION by Councilman Fitzpatrick to concur in the recommendations of the City �Issessor and reduce the valuation on Lot 2, Block 7, Onaway Addition, by $400.00; Lot 3, Block 7, Onaway Addition, by $800.00; Lot 5, Block 7, Onaway Addition by $800.00; Lot 6, Block 7, Onaway Addition, by $400.00; and on Lots 1-1�, Block 8, Onaway Addition by $9,100.00. Seconded by Councilwoman Kukowski: Upon a voice vote, all ayes, Mayor Pro Tem Breider declared the motion carried unanimously. APPROVAL OF MINUTES OF MEETING OF MAY 8, 1975: MOTION by Councilman Starwalt to approve the minutes of the Board of Equalization Meeting of May 8, 1975, as one of the property okmers present at the meeting on May 8, 1975, had requested a copy of these minutes. Seconded by Councilman Fitzpatrick. Upon a voice vote, all ayes, Mayor Pro Tem Breider declared the motion carried unanimously. MOTION by Councilwaman Kukowski to adjourn the continuation of the meeting_of the Board of Equalization. Seconded by Councilman Fitzpatrick. Upon a voice vote, all ayes, Mayor Pro Tem Breider delcared the meeting of the Board of Equalization adjourned at 8:03 P.M., May 15, 1975. Respectfully submitted, ,�/� ' /�,�,/, V!j:. . °/J'..�.0.� ��,7�"'-� Patricia Sykes �' � .� m William J. Nee Mayor _ _ ___ _. �i � . �"'__._ � li . � , � I I i ' � i / . ' � ; i , ; , � ' ' ' r � i ., ' , I � MINUTES OF THE REGULAR MEETING OF THE FRIDLEY CITY COUNCIL OF MAY 19, 1975 PAGE l The Regular Meeting of the Fridley City Council of May 19, 1975 was called to order at 7:30 P.M. by Mayor Nee. PLEDGE Of ALLEGIANCE: Mayor Nee said the Council invited those present to join them in saying the Pledge of Allegiance to the Flag. . ROLL CALL: . MEMBERS PRESENT: Councilman Breider, Councilman Starwalt, Councilman Fitzpatrick, Mayor Nee. (Note: Councilwoman Kukowski was not present at the time of the Roll Call, but came in immediately after.) MEMBERS ABSENT: None. ADOPTI�N OF AGENDA: The City Manager said he would like to add consideration of an amendment to the City's Towing Contract with Shorty's Towing. MOTION by Councilman Starwalt to adopt the agenua as amended with the addition of the Consideration of the amendment to theiow.ing Contract. Seconded by Councilwoman Kukowski: Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. - OPEN FORUM, VISITORS: MRS. LIDA ROBIDOUX, 6775 EAST RIVER ROAD, REQUEST FOR FUNDING AID FOR RECREATIONAL PURPOSES FOR SENIOR CITIZENS: Mayor Nee said he had talked to Mrs. Robidoux and he called her forward to address the Council. Mrs. Robidoux explained that the spokesman for the group to be Reverend Edwin Foote, 195 Satellite Lane. . ' Reverend Foote addressed the Council and indicated that he had brought some materials for the Council revie�v so the presentation could be brief. He explained that the funding for the Senior Citizen's Recreational programs would be cut soon and he requested the : Council eonsider contributing to the Recreational Activities of the Fridley Senior ' Citizens at budget t4me. Reverend Faote read the communication presented to the Council , in explanation of the need and the request. Mayor Nee said if he understood the program, the Senior Citizens take trips and conduct meetings, etc. Reverend Foote said this was correct. He said if any of the members of the Council would attend the meetings at Fridley Methodist Church, they would see that this is a v�ide program and worthwhile for the Senior Citizens. Mayor Nee asked what the current membership of the Club is. Reverend Fo�te said there were about 80 members. He added, there are many visitors to the meetings also. Mayor Nee asked if the request was for the City to contribute the funds that had formerly been available through Title III. . Councilman Starwalt mentioned that he had attended meetings of another group of Senior Citizens and they were a lively capable group. He said he did not have enough back- ground to comment at this time. ' Reverend Foote said the group asked that their request be given some consideration and � he said they would be available to answer any questions before any decision is made. ; Mayor Nee asked if the current funding will be through on the first of July and Reverend Foote said he thought that it would continue until that time and there is the possibility of attempting to carry it through until the end of the year. Mayor Nee asked if the � request was that this be considered for 1976. Reverend Foote said if the city can ' find the money in 1975, they would appreciate this. Councilman Starwalt said he did not think the Council would be this generous. He said all of the�City expenditures have to come from somewhere. Reverend Foote said he understood this because Senior Citizens are more concerned about the economy than anyone. � 7 { 1 � i �� ,�\ RE6ULAR COUNCIL MEETIN6 Of MAY 19, 1975 PAGE 2 Mayor Nee said he knew the people in this group and they had paid a great deal of money in tax dollars. He thought that they should get some share of what is put'in. He. said they were making the contribution and they are not getting the benefit. He mentioned that they do not have children in school and many of their children had attended schools in other areas. Councilman Starwalt said that each tax dollar spent would have to be added to the tax levy. He asked if this type of request could be taken from the recreation budget. Reverend Foote said most of these people are grand parents and they have a great deal of interest in their grand children and the recreation facilities in the City. He said they also thought that recreation should be handled to have programs for all age groups in the City. � Councilman Starwalt sa.id the City budgeting is quite a process and it takes a great deal of hashin� out. He mentioned that every department feels they need so many tax dollars. Reverend Foote said he was very aware of the budget procedure in dealing with finance. He said they were just asking for some consideration. The City Manager said the members of the group had shown their feelings to the Council Ne said the request would be worked in to the '�tal budget process. He asked if some member of their group would be meeting with thC Parks and Recreation Commission. He pointed out that they were currently meeting in the next room. The City Manager said the request would be brought to the Council's attention at budget time. MOTION by Councilwoman Kukowski to put this request int�� the budget process for consideration at that time. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. The City Manager encouraged the Senior Citizens present to appear at the Parks and Recreation Meeting. ' Mayor Nee thanked the group for coming to the meeting and Mrs. Robidoux thanked the Council for the consideration. The City Manager addressed the Council and indicated he would like to take a few minutes of the time alloted for the Visitor's section to recall the activities of the day due to a severe windstorm in the community. He said the City Hall switchboard had been in operation until about 7:00 P.M. that evening. He directed anyone who wanted to reach City Hall, to call the Police Department. He mentioned that NSP and the Gas Company were working in the community to restore service where there had been wires down and gas leaks. He again mentioned if anyone wanted attention, they sFould call the Police Department. OLG BUSINESS: INANCE N0. 584 - EST CH SHALL CONSIST Of ALL IN COMMISSIONS �GR THE PLANNING COMNIiSSION ONS (C OF The City Manager said the administration had submitted to them in their agenda a copy of the ordinance that the Council had directed them to amend. He pointed out that one change would be that the Chairman of the individual member commissions would be elected by its members and would serve for the term of one year. He said this would give them the choice of electing every year. He further explained that the person who had been elected by the memaer commission to serve as their chairman would be the Planning Corrmission member from that member commission. He suggested that the Planning Cor�nission elect their chainnan just as the member commission would be doing. He said if the Council appointed the Chairman of the Planning Commission with a total of six on the comnission, there is the concern that there is an even number of inembers on the Commission. He said traditionally, this system has not been followed. The Planning Commission has specific powers for hearings and this may cause potential problems. He continued to say that if the Council feels that this would be good on the member commission level, it could'also be done on the Planning Commission level. He said this way the Planning Comnission would be a five member commission. He said if the Council feels that the work of the Chairman would be great,.the Commission member would have the right to refuse the appointment with another member taking over to carrying on the duties of chairman. ' ' ' e i � � ' � � ' REGULAR COUNCIL MEETING OF MAY 19, 1975 PAGE 3 He said there would be pros and cons both ways. He said this could potentially help in not creating problems. . Councilman Fitzpatrick said he felt the Council was back where they had been previously and this would make the Chairman of the member commission the chairman of the Planning Commission. He again said this would be back to where they had been in the plans. He further stated that today, the Planning Commission Chairman is not a chairman of a commission. He said he was thinking of the work load, and he related to this because he had been the Chairman of the Planning Commission. The City Manager said he knew what Councilman Fitzpatrick ment, but his suggestion would give ihe person the choice to �ake the Chairmanship. He said there would be five people to choose from instead of the limited Council appointment. He said the person would have to be willing. He said he thought this to be a healthy compromise. Councilman Breider questioned what hearings the Planning Commission had. The City manager said they have hearings on rezoning. Councilman Breider asked how this could create any trouble. The City Manager said in a tie vote. Councilman Breider said this had been brought up at the last meeting. He mentioned that the Commission had had a hard time getting together a quorum and he would rather face the problem of having a tie vote. The City Manager said this problem of a quorum had not existed to his knowiedge. Councilman Fitzpatrick said he agreed with the Ci�y Manager. The City Manager said the members of the Planning Corr�nission are very dedicated. Councilman Fitzpatrick said once in a while a member would just drop out and not continue; to come to the meetings. Councilman Fitzpatrick said he had been the Chairman of the Parks and Recreation Comnission and also the Planning Commission Chairman and he knew that these were big jobs. He thought it would be to the Council's advantage to foTlow the plan where the Chairman of tbe Planning Commission did not chair another member commission. The City Manager said this would be a compromise proposal that would give a choice to the person. He mentioned that the Chairman does enjoy certain authority. Councilman Breider said the worst thing that could happen is that something would come to the Council without a recommendatian. The City Manager said he could see that when there are six members, some people would say that it should be seven. He said five members would be more manageable. He said this couid be tried and adjusted later. � Mayor Nee�said he felt the tie vote thing is unconsequentail. He mentioned that any- thing that Cbse in the Planning Commission vote would be a conflict or problem anyway. He said that there had been some argument that this would give one subcommittee a good position in the wh�le coniest, but he saw it just the opposite from this. � ' Mayor Nee said to the City Manager that he felt he wanted to set up the member commissions and planning commission to have five, five member commissions. He thought the City Manager felt this would be more neat. The City Manager said this would not be his only consideration. Ne said he thought this concerned the manageability of the commissions. Councilman Starwalt said he understood what the City Manayer was saying. He said he did not think six members on the Planning Commission would be a problem. He said they ' are all reasonable people. He said he agreed with Councilman Fitzpatrick in the work- load aspect. He said six would have the advantage to decrease the work load. � ' ' � � Mayor Nee explained that he had the feeling that he was not sure if he liked the idea of the Council imposing a chairman. He commented that maybe the Councii would want one representative in the package. . Councilman Breider said he thought that the Council may be loosing the point. He said the checks and balances in the subconanittee would be created by them having the vote. He said the Planniny Comrnission Chairman would be the overseer and in his mind he would be more a. moderator or negotiator. He siad he would not be concerned if the Council appointed the member, he would care if the person would do a good job as the chairman of the Planning Commission. Counc�lman Starwalt said if someone whated to increase the membership of the Planning Commission to seven, he would be opposed to this. He said maybe going to six would do this somewhat, but, he would not agree to seven. I REGULAR COUNCIL MEETIN6 OF MAY 19, 1975 PAGE 4 The City Manager said he thought he should mention that there may be.some prablems in the future. � . The City Manager referred the Council's attention to page 1-A of the agenda booklet and . pointed out there should be an amendment which would add under Vacancies "That the a Chairman may resign or be remnved by a mojority vote of the Council". He aiso referred to page 1-G and said this should be amended in Section 205.181, Subdivision 3, B., 1 and 2 where the "Uniform Building Code" is mentioned, it should be changed to the "State Building Code". �. \ Mayor Nee asked where in the ordinance,are the previous ordinances repealed? The City hianager said at the top of the ordinance in the title. Councilman Breider noted that this is the portion where the repeai is mentioned. Mayor Nee said the title would not control the repeal. The City Attorney said if the Council wanted to do this in a separate section, the wording of the title should be repeated in the ordinance. He suggested using Section 217.01. He said this would be a repeal provision and the language of the title would be repeated. He said the Chapters and Sections should be listed as they are to be repealed and followed with the language "are hereby repealed." � MOTION by Couricilman Sreider to add "That the Ch�.irman may resign or be remaved by a majority vote of the Council" on page 1-A in the Section 201.05 Vacancy. Seconded by Councilman Starwalt. Upon a voice vote, all voting aye, Mayor Nee declared"the motion carried unanimousay. MOTION by Councilman Starwalt to amend page 1-G to delete "Uniform Building Code" ar,d insert "State Building Code". Seconded by Councilwoman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. MOTION by Councilman Breider to amend the proposed ordinance by the addition of the repealer provision which would read as follows: Section 217.01 Repealer Provision Chapters #101, 121, 201, Section 205.18 ana Chapter #208 are hereby repealed.: Seconded by Councilwoman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motiun carried unanimously. MOTION by Councilman Breider to waive the reading of the amended ordinance, adopt the amended ordinance on second reading and order publication. Seconded by Council- woman Kukowski. Upon a roll call vote, Councilman Breider voting aye, Councilman Starwalt voting aye, Councilman fitzpatrick voting aye, Mayor Nee voting aye, and Councilwoman Kukowski voting aye, �layor Nee declared the motion carried unanimously. The City Manager asked if there was any desire on the part of the Council to fill any vacancies at the current meeting. He said the necessary material had been provided to the Council. He said if it is not done at this time, it would have to be delayed until June. hlayor Nee questioned how far away the next meeting would be. He said he would like to discuss the method of appointment with the Council at the conference meeting before the appointments are made. The City Manager said there would not be a fourth Monday conference meeting because the coming Monday is Memorial Day. Counci7woman Kukowski questioned if the meeting could be held on the Tuesday following Memoridal Day. •The City Manager said.the Council could meet anytime they desired. Councilwoman Kukowski said the Administration would not have to prepare material for the Council. She said she thought they had everything they needed. Mayor Nee said he would also like to talk about the Mississippi River. Ne suggested setting a conference meeting. . Councilman Breider suggested Wednesday, May 28, 1975. MOTION by Councilwoman Kukowski to set the conference meeting of the Council for May 28, 1975. Seconded by Councilman fitzpatrick. Councilman Starwalt referred to the situation existing on the EQC and said not all of the present members can be reappointed. He said this is a problem. He mentioned �' he would like to appoint people to some of the other commissions if this would not be a problem. He said he would be willing to move on tfiose. UPON A VOICE VOTE, all votinn aye, P1ayor PJee declared the motion carried unanimously. � y i � � a � 6 Y � � a � � � � � � � � i � � , i � � � a � ' , � ' ' i � ' ,' � ' 4 � 0 REGULAR C�UNCIL MEETING OF MAY 19, 1975 PAGE 5 Mayor Nee commented that the peopie are now serving until the new members are appointed. Councilman Starwalt mentioned that in this case, there would not be an urgenc�+ to appoint people at the present meeting. Mayor Nee said this conference meeting would be held in the cormnunity room. The City Manager said there would be appointments made on June 2, 1975. Mayor Nee said yes. RECEIVING THE MINUTES OF THE PLANNING COMMISSION MEETIN6 OF MAY 7, 1975: REQUEST FOR LOT SPLIT, L. S. #71-08> BY CLIFFORD TNOE: TO SPIIT OFf THE 70 FEET OF THE SOUTHERLY 123 FEET, EXCEPT FOR THAT PART TAKEN FOR HIGHWA OF LOT i8, BLOCK 2, CENTRAL VIEW MANOR, TO SPLIT THE RESIDENCE FROM THE STATTON PROPERTY, THE SAME BEIN6 7240 CENTRAL AVENUE N.E.: Mayor Nee asked if Mr. Thoe was present and there was no response. Mavor Nee asked if the man had been notified that this would be considered by the Council and the Public Works Director said he had been notified. Y The Public Works Director said there was some problems in the zoning of the property. He mentioned that there is a service station and residential property on the same parcel. He said the request is to split the residential property from that that the service station is occupying. The Public Works Director explained that this would create two parcels that did not meet the standards for residential or commercial. He mentioned the residential portion would only be 6,300 square feet. He also mentioned that if after the split, the house would be damaged more than 50�, it could not be replaced. He said the commercial property would also be far below the minimum. The Public Works Director said the Planning Corr�nissiun had taket► this into consideration and had suggested that some other legal means be provided to solve the existing problem. Mr. Sobiech read the reasons for the Planning Commission recommending denial of the request from Page 2-C of the agenda. The Public Works Director recorrmended that this property remain one large commercial site. Mayor Nee said the recorronendation of the Planning Commission was to deny the request. Councilman Starwait said he agreed with the Commission. He explained that he had talked to the property awners involved and said the home is being used as a retirement home. Councilman Starwalt said the split does not really clear up the matter. MOTION by Councilman Starwalt to deny the request for the 1ot split by Mr. Clifford J. Thoe. Seconded by Councilman.Fitzpatrick. Councilman Breider asked if there was any legal ways to get around this. The City Attorney said he did not know what the problem was. He asked if one of the individuals owns the gas station and the oiher residential property. He said one 1ega1 means would be to lease or rent the portion of the property which is residential. He said the property could be purchased as an entire parcel. The City Attorney said there should be some method other than a lot split to accomplish what they are working on. Councilwoman Kukowski said she would not want to deny the request right at the present time. She said she would rather have the problem worked with and have someone come back and inform the Council what is gping on. Councilman Starwalt asked if the request is denied, would it be another six months before any further action could be taken on the lot split. The Public Works Director said yes, this is true for variances and lot splits. The City Attorney said if he would be any help in trying to work this out, he wauld meet with the property owner and the Public Works Director to come to some agreement. He added he would see if a contract could be entered into. He also metioned that he did not think the lot split would be the answer. � � � \ REGULAR COUNCIL MEETING OF MAY 19, 1975 PAGE 6 Councilwoman Kukowski said she hoped that the City Attorney could get together with the property owners. The City Attorney said he would do this and see what could be accomplished. P A, THE I D ACDITION, PER FR1ULt aR00KVIEW DRIVE N. E.: ON THE MOTION by Councilman Breider to approve the Special Use Permit as recommended by the Planning Commission with the stipulations suggested. Seconded by Council- woman Kukowski. ' The Public WorKs Director said this was large lot on Brookview Drive and the applicant requested to move the existing garage to the rear of the property and build a two car garage in the front of the property. UPON A VOICE VOTE, all voting aye, Mayor Nee declared the motion carried unanimously REZONIN� REQUEST , ZOA #75-03, CITY. OF FRIDLEY: REZONE FROM M-2 (HEAVY INDUSTRIAL) SI .r.. � MOTIOiV by Councilman Breider to set the Public Hearing for the rezoning request ZOA �75-03 for July 14, 1975. Seconded by Councilwoman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. RE UEST FOR TREE REMOVAL: ISLANDS OF PEACE: Mayor Nee explained that this item was to be reviewed by the Parks and Recreation Commission. ' PLANNING COMMISSION REORGANIZATION STRUCTURE: There was no action needed on this item or the remainder of the discussion items in the minutes. MOTION by Councilman Breider to receive�the minutes of the Planning Commission Meeting of May 7, 1975. Seconded by Councilwoman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. RECEIVING THE f4INUTES OF THE BOARD OF APPEALS MEETING OF MAY 13, 1975: A RE UEST FOR A VARIANCE OF SECiION 205.053, 4, B4, fRI�LEY CITY CODE, TO REDUCE THE SIDE YARD ADJOI(JI(•d6 AN ATTACHED GAr2AGE FROh1 THE REQUIRED 5 FEET TO 3 FEET, TO -58TH AV The Public Works Director explained that the request is for a variance in the side yard set back'from five feet to three feet to allow the construction of an attached garage. The Public Works Director indicated that no objections had been voiced at the Board of Appeals Meeting. The Board of Appeals had recommended approval of the requesi. Mayor Nee asked how close this construction would be from the adjecent home. The Public 4Jorks Director answered, 10 feet. Mayor Nee asked if this would be an the bedroom side and the Public Works Director said yes. The Public Works Director said there was some concern over the existing fence and the applicant said that this would not be disturbed. The Public Works Director asked if Mr. Corbett was present and he responded, Mayor.Nee asked if the next door neighbor would be building a garage. Mr. Corbett said if this was done, it would be constructed on the east side also which would be on the other side of the house from his home. MOTION by Councilwoman Kukowski to approve the variance as recorr�nended by the Board of Appeals. Seconded by Councilman Starwalt. Upon a v�ice vote, all voting aye, Mayor Nee declared the motion carried unanimously. � a I REGULAR COUNCIL MEETING OF MAY 19, 1975 � A REQUEST FOR VARIANCES OF THE FRIDLEY CITY 4,.iA2, TO REDUCE THE SETBACK fOR THE MAIN S WAY, FROM THE REQUIRED 80 FEET TO 54 FEET A AND SECTION 205.103, 4, A2, TO REDUCE THE S A PU6LIC RIGHT OF WAY, rROM THE REQUIRED 80 ROAD SOUTH LOT LINE), AND, SECTION 205.103 THE MA1N STRUCTURE FROM A PUBLIC RIGHT OF W. 20 FEET ALONG LINCOLN STREET EAST LOT LINE SOUTH LOT LINE, AND, SECTI . BE WITHIN 5 FEET OF THE FR AND, S D 15 FE TO ALLO AD OF S PAGE 7 OLLOWS: SECTION 205.103, EROM A PUBLIC RIGHT Qf AVENUE (NORTH LOT LINE), THE MAIN STRUCTURE FROM 4 FEET ALONG EAST RIVER 0 REDUCE THE SETBACK FOR FEET, AND, SECTION 205.103, 4, C2, TO REDUCE TNE REAR YARD SETBACK FROM THE REQUIRED 25 FEET TO 20 fEET, AND, SECTIDN 205.103> 66, TO REDUCE THE SETBACK FROM THE BOUNDARY LINE OF ANOTHER ZUIID(G DISTRICT (R-3} FROM 50 FEET TO 10 FEET SOUTH LOT LINE ; ALL TO ALLOW THE CONSTRUCTION 0� A SPECULATIVE BUILDING COMMERCIAL TO BE LOCATED ON LOT l, BLOCK l, PEARSON'S 1ST ADDITION, THE SAt4 BEING 7899 EAST RIVER ROAD N.E., FRIDLEY, MINNESOTA. (REQUEST BY MERIDIAN CORPQRATION, 15 SOUTH 9TH STREET, MINNEAPOLIS, MINNESOTA. 7here was no action needed at the present time. Mayor Nee said there would be no Council action on this item at the present time. � ` The Public Works Director listed the variances and explained that the first three were for the addition that is being proposed and the remainder are those that are housekeeping variances on what is existing. . The Public Works Director asked if the parking on the side of the building would be employee parking stalls and Mr. Ryan said this would be over flow parking which is normally not used. The City Manager asked if this would be the end of the additions to the building. ' Ttie City Manager further stated that this is about the limit to the possible expansion. He atso said that there•should be some landscaping to the west and north to improve the area. Councilwoman Kukowski asked where the refuse would be stored. She asked if this would be on the City Hall side of the building. � • , , l �^ � r�: F. F �:: � �. �= a: 0. � : ; � ; ' REGULAR COUNCIL MEETING OF MAY 19, 1975 PAGE 8 Mr. Ryan explained that there would be a jog in the back of the building where the refuse will be stored behind screening. Councilwoman Kukowski asked if the large drum would be removed. Mr. Ryan said yes, this is too large to be stored behind the screening. MOTION by Councilman Breider to approve tfie variances as requested by Mr. Ryan � for 6389 University Avenue to allow the construction of an addition and also the approval of the variances which bring the existing building into compliance with the Code. Seconded by Councilwaman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared tMe motion carried unanimously. MOTION by Councilman Breider to receive,the minutes of the Board of Appeals Meeting of May 13, 1975. Seconded by Councilman Starwalt. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. RECEIVING THE MINUTES OF THE BUILDING STANDARDS-DESIGN CONTROL SUBCO�MITTEE MEETING OF MAY 14, 1975: T F0� AN ADDITION TO THE The Public Works Director said the face of the building would be extended to cover the multi level effect that is seen at the present time. MOTION by Councilman Breider to approve the building request by Dr. ayan's Automotive Clinic, 6384 University Avenue with the stipulations recorrenended by the Subcommittee. Seconded by Councilman Starwalt. Mayor Nee asked the applicant if he was aware of the stipulations and in agreement with them. Mr. Ryan said he agreed with the stipulations. UPON A VOICE VOTE, all voting aye, Mayor Nee declared the motion carried unanimously. MOTION by Councilman Starwalt to receive the minutes of the Building Starards Design Control Subcommittee meeting of May l4, 1975. Seconded by Councilwoman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. RECEIVING THE MINUTES OF THE ENVIRONh4ENTAL QUALITY COMMISSION MEETING OF APRIL 29, 1975: MOTION by Councilman Breider to receive the minutes of the Environmental Quality Comnission meeting of April 29, 1975. Seconded by Councilman Fitzpatrick. �pon a voice vote, all vofing�aye, Mayor Nee �eclared the motion carried unanimously. Mayor Nee said there is an item within the minutes that he would like to have brought on at the Conference meeting of the Council. He listed this item as establishing liaison between the City of Fridley and the Cities of Coon Rapids and Blaine in regard to the watershed into North Park. He safd he would like some thoughts prepared on this. The City Manager said the staff is working on some plans and he would alert the Council on what could be done to improve the quality of the water. Ne said there i§ not too much that can be said about the quantity, but the City could take steps to control the quality. RECEIVIN6 THE MINUTES OF THE PARKS AND RECREATION COMMISSION MEETING OF APRIL 28, 1975: M07ION by Councilwoman Kukowski to receive the minutes of the Parks and Recreation Comnission meeting of April 29, 1975. Seconded by Councilman Starwalt. Councilman Starwalt questioned what would be done with the Soccer concern. The City Manager said the City had provided some facilities to be braught to the attention of the School Boards. Mayor Nee said the City is offering two sites. He said this would have Mayor Nee questioned the City's involvement in building concrete sidewalks for the Horseshoe Leagu2. There was some discussion concerning this item and Mayor Nee directed the Administration to clarify the action being taken. : _ ___ . _ _ _ .___ . __ __ _ . __�._ . . . ___ h • � REGULAR COUNCIL MEETING OF MAY 19, 1975 PAGE 9 UPON A VOICE VOTE, all voting aye, Mayor Nee declared the motion carried unanimously. ITION N0. 9-1975 REQUESTING_A STOP SIGN AT BENJAMIN . APPROVED AT THE MAY 5, 19/5 �uuN�i� mttiiivu: MOTION by Councilman Starwalt ta receive Petition No. 9-1975 requesting a stop sign at Benjamin and Ferndale to Control Pdorthbound Traffic on Benjamin instead of 61st Avenue and Benjamin, as approved at the May 5, 1975 Council meeting. Seconded by , Councilwoman Kukowski. Councilman Starwalt said he thought that the�entire area should be looked for the complete problems. He said this sign may be required, but he would not want to take the action until the Council reviewed the survey of the entire area. The City Manager said he wanted to bring to the Council's attention that the other sign which had been approved by the Council had not been installed. He said this was for 61st Avenue and Benjamin Street. He said there is a study being conducted, and no action would be taken until the completion of this study. He said he would try to get this report to the Council by the comin�, regular meeting. RECEIVING TRAFFIC STUDY, ONAWAY ADDITION AREA (REQUEST BY DICK HARRIS): _ MOTION by Councilman Breid�r to recieve and concur in the study presented by the Administration concerning the traffic study on Onaway Addition. Seconded by Council- � man Fitzpatrick. Councilman Breider said he believed the action took care of the converns that Mr. Harris had on 79th and Main. He said it also corrected the two way stop on 715t. Ne said he concurred in the reco�mnendation. The City Manager said he felt the action would handle the problems of the area currently. He mentioned that as the area develops, there may be a need for addtional review. Mayor Nee said fie was surprised at the amount of traffic in the area. UPON A VOICE VOTE, all voting aye, Mayor Nee declared the motion carried unanimously. RESOLUTION N0. 72-1975 - ORDERING IMPROVEMENT, APPROVAL OF PLANS AND ORDERIN6 ADVERTISEMENT- FOR SIDS: WAT=R, SANITARY SEWER AND STORM SEWER IMPROUEMENT PROJECT #117: The City Manager explained that this project wouTd provide utilities in the plat west of Benjamin Street. Mayor Nee asked if the project had been petitioned by the�property owner. The City Manager said it had been. MOTION by Councilwoman Kukowski to adopt Resolution No. 72-1975, ordering improvement, approval of plans and ordering advertisement for bids: Water, Sanitary Sewer and ' Storm Sewer Improvement Project #117. Seconded by Councilman Starwalt. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. CONSIDERATION OF A RESOLUTION REGARDING VANDALISM IN CITY PARKS RND ON SCHOOL PROPERTY: The City Manager said this resolution had been submitted by a request from the City of Columbia Heights who had passed the resolution submitted to the Council in their agenda. He said they are currently asking the City of Fridley to pass a similar resolution which would request the juvenile judge as a part of punishment to assist • the City Parks and Recreation Department to do some work to correct some damage. He said it is their feeling that this will decrease the amount of damage done. Gouncilman Bredier said he saw the purpose of the proposed ordinance. He said this has been tri,ed in other communities and he had hear that it did work quite well. He mentioned that if the judge would make the juvenile repair the damage, it make the+n more aware of the extent of the damage done and decrease this vdnddlism. Councilman Breider said he thought this.to be a good idea. Councilwoman Kukowski said she thought this to be a good idea. Councilman Fitzpatrick said he had some reservations about this action. He said he did not know what kind of supervision this action would take. REGULAR COUNCIL MEETING OF MAY 19, 1975 PAGE 10 He questioned if this would be under the direction of the school officials or the Parks and Recreation Director. . Mayor Nee questioned if the park supervisor would have to carry a shotgun. Council- man fitzpatrick repeated that he had some reservations about the requested action. He said this kind of action has been available to the judges in the past. Councilwoman Kukowski said maybe the judges need community support to take this type of action. She mentioned that the adoption of the resolution would only urge the judges to take this type of action. Councilman Fitzpatrick said he could see why they were not doing this, they did not have complete freedom of placing an offender under supervision in these area. The City Attorney said in principle, he would have no abjections to the adoption of the resolution. He said it is a reco��nendation to urge jud�es to take this type of action. He did not believe the judges would be offended by this recommendation. He commented that either they will think the recommendation is a good one and wi11 follow it, or.they will not. The Cit Attorney said he could see the point that Councilman Fitzpatrick was making. He said if this would be done, the person would be put on probation with the fine suspended and c•dered to comolete the work. He mentioned that the juvenile office and probation people may monitor this type of thing. He said being this was only a recbmmendation, he did not think it W�ould- hurt anything and the judges would not be offended. Mr. James Hill, Public Safety Director said he did not have anything to do with the current matter, but he had heard that this is being done in other areas and that it was a good system. He thougnt that this type of action would be directed at the first time offender. t1e thought that it would make a great impact on the violatar if he had to correct the damage done.. Ne said this wouid make them aware of the damage and the work it takes to repair. Councilwoman Kukowski asked if the City of Fridley had a juvenile officer in the Police Department. Mr. Hill said no. He said the City does not operate with this type of specialist. He explained that the current trend and theory would be to have all of the officers capable of handling this type of situation with a more generalized depertment. He felt it would be danerous to appoint one person to this type of area b2cause the other officers would feel that they do not have to cater to the juveniles. They may feel that the juvenile officer should handle these problems. Councilrr�n Fitzpatrick said he had reservations. He felt that the people in the City's and School's were not prepared to take care of the parolei. Mayor Nee asked if the Park Department had been questioned on how they feel about this rpoposal. The City Manager said that there had been support of the proposal from the Public Works Department and the Parks Departmen.t. He said if the Council has some reservations, it would be possible to double check in to the various concerns and bring the matter back for a recommendation at a later meeting. . The City Manager said this would only be a recommendation and the judges would excercise their authority the way that they see fit. • Mayor Nee asked if this should be directed through some community system. Councilman Fitzpatrick said it may be directed to the Community School program. Cauncilman Breider said he did not think the matter would cencern the hard core affender. He thought they were taTking about someone in the park one day who does some �� breakage. He said if this were a juvenile, this action would direct them to work in the Parks for two to three weeks restoring damage donp by vandalism. Mdyor Nee said if a body did some damage to a fence or bridge in Locke Park, would he � be made to repair the damage. Councilman Breider said he did not feel that this was directed to the point that he would have to repair that particular damage, he would work to correct any damage done by other people. Mayor Nee said he felt if there were reservations on the part of the Cauncil that this. item should be brought back. _ ' �� , ' � ' , � ' REGULAR COUNCIL MEETING OF MAY 19, 1975 PAGE 11 Councilman Fitzpatrick said he was not concerned about the hard core offender, he was referring to the first time offender. He said the judges have the authori.ty to excercise this type of punishment at the present time. The City Manager said the resolution would only bring this to his attention. Mayor Nee asked if the City was prepared to take care of this supervision. Councilman Firtzpatrick said this would also include the schools. Councilwoman Kukowski said the school receives thousands of dollars in damage and there is an amount set aside in the budget to take care of this repair. She questioned if this portion of the budget would be reduced by the adoption of this type of policy. She said if the schools are asked, they'may want to go along with this type of policy. Councilman Fitzpatrick said this would not reduce the budget for vandalism. Mayor Nee said he did not feel very deeply one way or another on this proposal. Councilman Starwalt asked if the resolution should be amended to include some type of language such as the following: "The City will cooperate with such a program provided the judges feel it would be of benefit ir, a particular case". The City Attorney suggested that someone check with the juvenile court authoriti2s and determine how they would feel about such a proposal and how it would be implemented. He said this would be better done through the juvenile authorities and the City. MOTION by Council Breider to table the cansideration for the resolution until the first meeting in June, June 2nd to allow the administration to check with the juvenile authorities and the schools for their thoughts on this proposal. Seconded , by Councilwoman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimousl�Y . Counci:lman Starwalt felt that the schools should present a resolution on their own behal}. - APPOINTMENT: CITY EMPLOYEE: � � ' ' ' , , NAME: Position Satary Effective Date David J. Keding Probationary $830 lst 5 mos Sept. 30`, 1974 Police Officer $880 6 mos to present MOTION by Councilman Breider to concur in the appointment of David J. Keding as a probationary Police Officer as recommended by the Administration. Seconded by Councilman Starwalt for discussion purposes. Councilwoman Kukowski mentioned that she did not understand the intent of the recorrenendation form the Public Safety Director. She asked if there was a current opening. Mr. Hill, Public Safety Oirector, addressed the CounciT and said there is an opening budgeted which was created by the retiring Police Chief. He said this vacancy was not filled because of a legal matter pending. Councilwoman Kukowski asked if anyone would be laid off because of this action. Mr. Hill said no one would be laid off unless this was done by separate action by the Council. • Councilman Starwalt questioned the hiring of the Officer and asked if he would have to be paid retroactive from September, 1974. Mr. Hill said this would have to be done retrAactive back to September 30, 1974, because this was the decision of the Department of Veterans Affairs. � Councilman Fitzpatrick asked what the difference in the amount the employee was making as a technician is and the amount of compensation he was to receive. The Public Safety Director said this would be in the amount of $1,300.00. He said there would also be some rebate from social security and the pension systems. He said the difference ' • in the two plans would have to be paid. ' Councilman Starwalt expressed the thought that it upsets him when a higher authority makes a ruling that costs Lhe City money. Councilman Starwalt said he had no quarrel with the person, but the City had gone to great lengths to accept him to the current position, and this is why he was with the City at the current time. ' � � REGULAR COUNCIL MEETING OF MAY 19, 1975 PAGE 12 � Mr. Hill said the City had hired the applicant as a technician because he was a veteran and coming out of service. �4r. Hill said this was a technicaJ point and the applicant felt he was entitled to the job under the veterans preference laws. He said he was not happy with the ruling, not because of the man, but he did not agree with the law. He continued to say this was especially because the law has been repealed since that time. . Councilman Starwalt said he questioned paying a person for work not performed. Councilman Starwalt said he felt the Office of Veterans Affairs did not understand the matter. He asked what the City's position would be if the man was hired and not paid the retroactive back pay. Mr. Hill commented that this would violate the order without a formal appeal. The City Attorney said the City's choices would be to comply or appeai. The Public Safety Director said the City should have read him the entire law at the time he was hired to the technician position. Councilman Starwalt asked what the cast of an appe,l would be. The City Attorney siad he would estimate this cost at from $1,000 tc 31,500. Mr. Nill stated that he felt as Councilman Starwalt, but he questioned the appeal process in this case because nothing would be ga�ned by it since the law has already been repealed. ' The Public Safety Director explained that the man is potentially a good police . officer and this consideration should not be directed at his potential. He explained to the Council, that he had excercised his rights and seek this action. Councilman Starwalt asked if the law had been repealed, why was the City having a problem. Mr. Hill explained that the law was in effect at the time of hiring and had been repealed after this time. He said they would have to comply with the law that was in effect at that time. Mr. Hill further pointed out that the applicant feels that he did not waive his rights as a veteran. Councilman Starwalt mentioned that the applicant did not meet the requirements at the time he was hired as a technician: Mr. Hill said at that time, they were in the process of setting up the team system and were looking for experienced officers to balance the teams. UPON A VOICE VOTE, all voting aye, Mayor Nee declared the motion carried unanimously. CLRIMS: ' GENERAL 39970 - 39999 + 9790 - 9816 . + 9841 - 9911 . LIQUOR 9817 - 9929 + 9912 - 9929 M07ION by Councilman Starwalt to approve the claims. Seconded by Councilwoman Kukowski. Upon a doice vote, all voting aye, Mayor Nee delcared the mation carried unanimously. LICENSES: BLACKTOPPING APPROVED BY Pioneer Blacktop Inc. � ' 7608 - 68th Avenue North Brooklyn Park, MN 55428 By: Arthur Scherber D. Clark RENEWAL Frank's Excavating Company . 3424 Douglas Drive �inneapolis, MN 55428 By: Frank Gaulke D. Clark RENEWAL Ted Renollett 927 Andover Boulevard N.E. Anoka, MN 55303 Sy: Ted Renollett D. Clark RENEWAL � RE6ULAR COUNCIL MEETING OF MAY 19, 1975 LICENSES (CONT.): GENERAL CONTRACTOR � ", • Amgrid Development Inc. 1690 Silver Lake Road New Brighton, MN 55112 By: Norman Dalberg Brickner Builders, Inc. . 6245 Ben More Drive N.E. Fridley, MN 55432 By: Tom Brickner Daco Contractors , 8701 Jefferson Street N.E. Minneapolis, MN 55434 By: Frank D'Aigle Dailey Homes, Inc. 8510 Central Avenue Bldine, MN 55434 By: Howard Thorson Richard Hastings Co. 6331 Riverview Terrace N.E. � Fridley, MN 55432 By: Richard Hastings Walter Maciaszek 11-62 1/2 Way N.E. Fridley, MN 55432 By: Walter Maciaszek Pools Inc. . 229 West 60th Street Minneapolis, MN 55419 • By: Wayne Swanson Ryan's Construction Co. 6389 University Avenue N.E. Fridley, MN 55432 By: Thomas F. Ryan Rutledge Construction Co. 1409 South 7th Street Hopkins, MN 55343 By: Tom Rutledge HEATING - . Bostrom Sheet Metal Works Inc. 785 Curfew St. Paul, MN 55114 By: A. Pavlicek MASONRY Crete-Wood Construction, Inc. 1705 Raddison Road N.E. Blaine, MN 55434 By: Fred Rehbein Norsk Concrete Construction, Inc. 4650 Johnson Street N.E. Minneapolis, MN 55421 By: James Jackson � SIGN ERECTORS � . \ Nordquist Sign Company, Inc. 312 West Lake Street '• Minneapolis, MN 55408 By: Richard Nordquist SWIMMING POOLS-PUBLIC Lucia Lane Apartments 6680 Lucia Lane N.E. � Fridley, MN 55432 By: Timothy Eide Georgetown Court Apartments ' 5750 East River Road N.E. Fridley, MN 55432 By: M. filister � PAGE 13 APPROVED BY D. Clark NEW 0. Clark RENEWAL D. Clark NEW D. Clark RENEWAL D. Clark RENEWAL D. Clark RENEWAL D. Clark NEW D. Clark NEW D, Clark RENEWAL W. Sandin RENEWAL D. C1ark RENEWAL D. Clark NEW D. Cla�-k RENfWAI S. Olson RENEWAL S. Olson RENEWAL ; a � 3 � �� '� �' �--. REGULAR COUNCIL MEETING OF MAY 19, 1975 PAGE 14 MOTION by Councilman Starwalt to approve the licenses. Seconded by Councilwoman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. ESTIMATES: American Contracting Corp. 1540 Yellowbrick Road Coon Rapids, Minnesota 55433 FINAL ESTIMATE N0. 4 for Water, Sanitary Sewer and Storm Sea�er Project No. 116 ' Comstock & Davis, Inc. 1446 County Road "J" Minneapolis, Minnesota 55432 $10,654.62 PARTIAL ESTIMATE N0. 5 for furnishing resident inspection and resident supervision for Water, Sanitary Sewer & Strom Sewer Improvement Project No. 116 from March 31, 1975 through April 26, 1975 $ 1,825.82 Mr. Carl J. Newquist Smith, Juster & Feikema _ Suite 1250 Builders Exchange Building Minneapolis, Minnesota 55402 Prosecution work during the month of April, 1975 Weaver, Talle & Herrick 316 East Main Street Rnoka, Minnesota 55303 Services Rendered for City Attorney for April $ 1,345.00 $ 1,497.00 MOTION by Councilman Breider to approve the Estimates with the Addition of the Estimate Submitted by Weaver, Talle and Herrick in the amount of $1,497.00. Seconded by Councilwoman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. COMMUNICATIONS: TO CITY ATTORNEY FROM ATTORNEY GENERAL: SPECIAL ASSESSMENTS: MOTION by Councilman Breider to receive the communication from the Attorney General, addressed to the City Attorney dated May 12, 1975. Seconded by Councilwoman Kukowski. Councilman Starwalt mentioned that Mr. Robert Erickson was present at the meeting and questioned if he had knowledge of the content of the letter. The City Attorney said it was his impression from the letter that the City would have to act on the portion of the improvements not completed or release the pending assessments. The City Attorney further commented that the Administration had not done anything on this matter since the last time this had been discussed by the Council. He mentioned the letter had been submitted to the Council so they would be aware of the information. Mayor Nee asked if the letter called for response. The City Attorney said he had thought this would be for information purposes and no response would be necessary. He mentioned that the City could not hold on to the pending fund for an unreasonable amount of time. The City Attorney said the City has been requiring escrow monies from developers within the City and there was no problem with this practice. He said this dealt with a separate situation involving individual property owners. He mentioned that this would relate to the residents in Mr. Erickson's area. The City Attorney explained that when a property is sold in this area, the lending company will require that the storm sewer escrow be deposited. He siad'this information is obtained in the assessments searches and exists as a pending assessment. Ne said this required excrow amount will range from 100ry to 150q of the pending assessment. Mr. Erickson, 5950 Benjamin Street N.E., addressed the Council and indicated that , � , a ' REGULAR COUNCIL MEETING OF MAY 19, 1975 PAGE 15 the price paid for his house had reflected the amount that had been paid for the pending assessments by the previous owner. He mentioned that he thought the system would be constructed since the City had a plan and he had accepted this at the time td be no problem. He said if the money would be released, it would go to the former owner of the property and they would be out that much which had been included in the purchase price with no im p rovement installed. Mr. Erickson said he felt it was the City's res- ponsibility to carry out the plans that were on the books three to four years ago., 7he City Manager said the former owner was claiming the escrow amount. He said this agreement was between the two different individuals. Mr. Erickson said the money had been escrowed with farmers and Mechanics Bank. ' Mayor Nee questioned if real plans had been drawn for this area and the City Manager said yes. 7he City Manager stated that the City Council had stated that the area was not ready for these assessments and the project was delayed. He said the cost of the �mprovements is increasing every year and they would be from 45% to 55� more ' than they would have been two years previously. He said now they are facing the same problems. He questioned if the City should retain the pending assessments or release them. He said if they are not pending assessments, they should be released. Mayor Nee referred to the communication in the a_.�nda from Assistant Attorney General, Michael R. Gallagher, and noted that there is a statement in��the letter that there are.no plans and specifications filed. The City Attorney said this is in- correct in the ]etter. Mayor Nee asked if it would be a material consideratian if there were plans and specifications. The City t4anager said the burden is on the City and he had pointed out this to the Council at the last two meetings. He questioned what would be done and said the burden is on the City Council. , Mayor Nee asked if there are drawn plans and specs. The City Manager said the City does have a proposal.� Mayor Nee asked if the City was going to build the proposal? Councilman StarwaTt said the City had a public hearing with plans some time back. He mentioned that then and now the majority of the peop7e do not want to be assessed. Mayor Nee said they had been talking about three options for the types of improve- ments and the letter says there are not adopted plans and specs. The City Manager said there were plans and the figures for the plans were figured in 1970 or 197] and the costs would not be the same today. He said the project would have to be reduced or a public hearing would have to be called to advise the people how this would be piped. The�City Manager said the Council could order the whole plan, but what would be done about the assessments. The City Manager said certain assessments could be levied, or the area could be left alone. He said the Council had had a public hearing on the matter and the people did not want this level of improvement and denied the improvement. . Mayor Nee asked if the plan for the cul de sac had been a6�ndem?' The City Manager said the Council had not taken action. Mayor Nee said as it stands now, there are plans somewhere. Mayor Nee said the City is acquiring land somewhere. The City Manager responded that the City has dedicated street right of way. Mayor Nee questioned the ownership of the tax forfeit lots. He again question if there was some plan or documentation that said the City was going to do this? Mayor Nee asked if the Council had some direction from the Administration on this? He asked if there was a plan for the street. He asked if there was a plan with the drawing of the pipe line. He asked if there was a plan with some lots and a cul de sac in the area. The City Manager said the Council adopted the plat. Mayor Nee asked what plat. The Public Works Director said this.was the plat in the area of Hill Drive. He said there are four lots and a 30 foot roadway. I Councilman Breider questioned if the case would be that the person platting the ' property had come to the City and been told that the easement may be needed for street some time .in the future, so it was included in the plat. The Public Works Director said yes. I ' � � RE6ULAR COUNCIL MEETIN6 OF MAY 19, 1975 PAGE 16 Councilman Breider said this is only one half of a roadway easement and the Public Works Director said yes. ' . Mayor Nee said there is no plan that would relate to the area shovaing a pipeline. The Public Works Director said no, there is no plan. Mayor Nee asked if the City was pushing this development, or was someone else. � Councilman Starwalt said he hoped the City was not pushing this plan. He said he had been telling the people of the area that someone had come in years ago and the ease- ment was dedicated. Mayor Nee questioned if the Council could make a decision at this time saying they would not approve a plat which would split the property? The City Manager said the Council couid do this., but some other Council may.say something different. Mayor Nee asked if the road is approved, would it extend all the way. The City Manager said no, they were not saying there has to be a cul de sac. Mayor P1ee said if the pipe is not laid all the way, the plan would not indicate the improvement and • it would not be developed. Mayor Nee asked if the City had drawn the pipe in the plan so.this area would develop. The City Manager res^�nded that three years ago tne City had proposed a plan so that the property cou�d deve7op. He said a plan could be drawn where all of the property would develop. Ne said the Council could say they do not want to encouraqe the plan. Councilman Breider said he believed the back lots have to be 30 feet deep. Ne � questioned how anyone would be able to develop the hole. Councilman Starwalt recalled that people had said this about "Peck's Woods" 20 years ago. Councilman Breider said some lots in Innsbruck Nor�h will never be developed. The City Manager said the Council would have to decide this. Mayor Nee asked how this could be done. He again questioned if there was a plan. He stated if there is a plan, it could be repealed. The City Manager said there is a plan and the Council could eliminate the plan the Council adopted three years ago. The City Attorney said when the City Manager said there was a plan, he meant that the plans and specifications were ordered and it went out to bid. He said at that time, the City Council only ordered part of the work. He said the Engineer filed plans and specifications on the project and when this is ordered this becomes a pending assessment. He said when the Council ordered the plan and the pending assessments exist the City Council only ordered a portion of the improvement and said they did not want to go ahead with this protion. He said the final plan should be repealed and this would terminate the pending assessments. Mayor Nee said the Administration is talking about a pipe plan and he was talking about a development plan. He said he had asked and no one knows. He asked if this portion of the development that exists is a small portion of land that someone dedicated for a roadway. He said he was asking where is the pTan so the City can lay pipe this way or another way. ' The City Attorney said he did not think there is a specific plan. The City Manager said if the Mayor was looking for a plan he could show him one. � • Mayor Nee asked if there is a plan. The City Manager said he could show him. He �� said this would be the drainage plan, etc. He said if. the Council di� not want to drain the area, they could leave the area as it is. He said the Council establishes the level of service in the area. � Mayor �ee said it appeared to him that the City has an internal plan to develop this property. He said this is a plan of the City's own choice. Mayor Nee said he did not want the City Manager to tell him about the plan, he wanted him to show him the plan. Mr. Robert Erickson said the people of the area have no desire to split the property. He said the man who owns Lots two and three is trying to buy lot one. He said the City should sell the property to the area property owners and get out of the area and not worry about development. He stated that the people of the area would like to buy the property and get them back on the tax rolls. �,...� Mayor Nee asked if the City owned tax forfeit property in this area. The City Manager � � RE�ULAR COUNCIL MEETING OF MAY 19, 1975 PAGE 17 said all he is saying is the City should leave the pending assessments as they are or eliminate them. He said once they are eliminated, the City would not be , able to do anything in this area. He said they would have to call the people of the area and determine the level of service. � Mayor Nee said he felt this was changing the subject. He asked if there was a pian � that would pick up drainage at some time in the future for the cul de sac. Ne pointed out that area to be on the map where the "E" in Van Cleve. He said isn't this what had been provided to the people? He said the plan was approved and escrow monies ' were collected on the proposed assessments. The City Manager said yes. Mayor ' Nee said the City Manager had said there will be five lots, and was saying that this would not happen. He also referred to the�other plan proposed which would go down the boulevard and said this would cost $20,000. The City Manager said if the Council feels that they want to do this, who would be assessed? He asked how many people would benefit? Mr. Robert Erickson said all of the lots are in the drainage district and they are all listed for pending assessments. Mayor Nee said this is a different development. He said they could assess those in the area of the "I" in "Addition". He continued to site several examples. The City Manager said the Council could approve those benefiting. Ne said the Council can determine what area will benefit. He said the Counci] would still have to call in the people, they could not just talk to the three to four �eople that they had talked to the past weeks. He said the pending assessments could be eliminated. He said if the Council wanted something to take care of the drainage problem, the Administration could provide six plans. He said if• so directed, they would do it. Councilman Breider said he�did not understand the agreement on Mr. Erickson's home. He said questioned the right to collect the assessments of they are not put in. The City Attorney said he did not want to get into the private contract. He said the City is not holding the money, it is being held by the Mortage Company. Ne again stated, he would not want to get into whether the former or present owner is entitled to the escrowed money. He questioned if this would have happened if the contract would have been researched by the buyer. Mr. Erickson reponded that the normal terms of home buying agreements is that the seller will pay all of the pending assessments. He said he was under the impress�on that the City was to go ahead with the plan. He said if the plan�would be abandoned, the former owner will get the money back. The City Attorney referred to the question on the obligation on the part of the City. He explained that up until the time after the public hearing, the City would be able to determine what would be included in an impro�ement. Councilman Breider said Mr. Erickson was at the meetings asking the City to do some- thing. He said the people of the area do not want the expensive piping of the drainage, they are happy with the way that it is. Mayor Nee said the people are happy dumping their water on Mr. Erickson's property. Councilman Breider said Mr. Erickson is not happy with this. Councilman Breider said Mr. Erickson is not happy with this. Councilman Breider said he was not prepared to vote•for thousands of dollars of pipe with the objections of everyone but Mr. Erickson. Councilman Breider said if they were referring to the mortgage company, they would giving the money back to the former owner. Councilman Breider said Mr. Erickson is pursuring �� a law suit and the damage suit: would be considerably more than the escrow money. Councilman Starwalt said he would like to receive the letter from the Attorney General's office and table any aetion the consideration of the matter until the Council receives the report from the Administration. The City Attorney said he did not think this would accomplish much. He said if there had not been plans and specifications there would not be pending assessments in the first place. He said it would be possible to write to Mr. Gallagher on the mistated facts. He said if the City has plans and specifications, what are they going to do with them. Ne said if anything would be done, this would have to be the plan adopted before. � ' REGULAR COUNCIL MEETING OF MAY 19, 1975 PAGE 18 The City Attorney said if anything else is done, they would have to start over. Councilman Breider recalled they had been talking a.bout a plan. He said he did not recall this plan. He said they had also talked about an agreement to collect escrow. He asked what had been approved. The City Manager said this was picking up the water and putting it into the existing system on 60th and Oakwood Manor. Ne said this is a plan the City Council had � approved and then agreed not to do the work. He said if the plan is used, it would cost the people more than the amount escrowed and the assessments would be at a higher level. He said he would recommend that the Council hold a hearing. Councilman Breider asked if this was a preliminary plan or a final plan. The City Manager said this would be a final plan, this is why there are pending assessments. He said no matter what is done, the City Council would have to have a public hearing to determine what level of system to prepare for the neighborhood. Mr. Erickson said the last f}Y? people that had purchased property in the area had escrowed money for this improvement. He said this would cover at 1east 30% of the cost and it is in escrow at the present time. Mr. Ericksori said all of the people would not wai.� to be assessed, but he sited the law that public drainage could not be directed to �rivate land. He questioned if the area people's objections would be valid when their water is draining onto private land. He said the City Council has some obligation to take care of this. Councilman Starwalt said he did not feel that this was going to be solved at the current meeting. He said he felt the possiblity of escrowing money for some future development to be a good suggestion. He said if the City is in jeopardy in this practice, he would like to find out ab�ut it. Councilman Starwalt said he felt that the majority of the people were not in favor of it. Councilman Starwalt said he did not oppose the pending assessment process. Mayor �ee asked Councilman Starwalt if he thought the area might develop. Councilman Starwalt said from what he had seen in the last 15 years, he thought that it might. Mr. Erickson said what the Council was expecting him to do was to put up with the situation with the water until or if this "might" come up. He questioned if anyone should have to put up with this on someone's hunch for the future. Councilman Starwalt stated t�r. Erickson had bought the property. Mr. Erickson commented that he had bought the property with the assumption that the City would be putting in the storm sewer since there was a pending assessment. Councilman fitzpatrick said Mr. Erickson had paid for this assessment in the purchase price of his home. The City Attorney advised Mr. Erickson that the assessments become pending after the public hearing, but this does not mean the plan is going to be implemented. Councilman Starwalt interpreted this as the City can keep the situation as it is, if it would like to. Mr. Erickson said if the City had gone ahead with his proposal at the time he proposed it, it would have cost $10,000. He said at that time, the City said there had to be another plan because of the development that would be coming into the area. Ne said the City had said that more of the property owners would plan on developing their property. He questioned who plans to do this. � �� The City Manager said there are no pending assessments, this is escrow and this is \ different. He said this is the only area where there were pending assessments and the City had decided to not do the project. The City Manager said the City had only talked to three to four people concerning the imorovement. He said there should be some re-study on the question and the people should be called in. He commented that � he had yet to see the majority of the people vote in favor of a storm sewer, it is always on the people on the bottom of the hill, the people at the top say that they paid more money for the higher property. He said he wouid strongly urge the Council to call the people in for a public hearing. The City Ftanager asked if the Council would vote : on receivi'ng the communication. He also mentioned that there should be some action • concerning PM1r. Erickson's praperty. He suggested calling the people in and giving different levels of sewer proposals. . I�� ' ., ' � �t I REGULAR CQUNCIL MEETING OF MAY 19, 1975 PA6E 19 7he City Attorney questioned, other than what type of system. He said there is no question that the City is damaging Mr. Erickson's property by collecting and �dis- charging storm drainage onto his property. He said this could be taken care of without taking care of the long term storm sewer solution. He said he did not think there was any question that the City has the right to discharge water into other areas because this is doing undue damage to his property. He said the last time the Council had dicussed this matter. They had suggested a short term solution to the problem until the City is ready to assess the people for the complete improvement. Councilman Starwalt said the City is going to receive a recommendation from the staff. ' � He said he thought the berming on Gardena would help considerably. He said they had �ot received the plans and cost figures for. this proposal. Counciiman Starwalt said he had seen the letter and knew that the City Attorney had to answer it. The City Attorney said he did not have to answer the letter. ' Mayor Nee said if the Council does not order the improvement, the escrow money would have to be released. The City Attorney said the letter did not say when the money had to be released. � ' Councilman Brdier said the City does not have the �noney. UPON A VOICE VOTE, all voting aye, Mayor Nee declared the motion carried unanimously and the comnunication recieved. CITY�ATTORNEY TO BRYANT FRANKLIN CORP.: WAREHOUSE LEASE: ' � The City Attorney said he was asked to prepare an opinion concerning the proposed ' use of a vacant warehouse on 79th Avenue. He said this would be used for storage of merchandise on a temporary basis. He said he understood this Short period to be about two weeks to a month. He said they will be sellina merchandise also. He said he had pointed out to the applicarat that ifi this was to be on a permanent bas�s that they would have to have a parking and landscaping plan approved by the Council. He said ' after discussing the matter with the Community Development Administrator, he did not feel any permit would be required for this use. � MOTION by Councilwoman Kukowski to receive the communication from Virgil Herrick, ' City Attorney concerning the lease betw�n Bryant-Franklin Corporation and Bakn's on 79th Rvenue and dated May 14, 1975. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Councilman Breider asked if this was the same request as the previous request where ' there was to have been a 20 acre parking lot created. The City Attorney said no, that operation is located in Apache Plaza. The City Attorney further explained that this merchandise is insurance salvage from the Omaha Tornado. He said this would be short term. ' H. F. BERGMAN: SERVING ON GOMMISSION: MOTION by Councilman Starwalt to receive the communication from Mr. H. F. Bergman, � concerning serving on a City Commission and dated May 14, 1975. Seconded by Council- woman Kukowski. Upon a voice vote, all voting aye, blayor Nee declared the motion " carried unanimously-. � ' \ �J � CONSIDERATION OF AMENDMENTS IN TOWING CONTRACT WITH SHORTY'S TOWING: The City Manager called on the Public Safety Director to explain the proposal. The City Attorney said the Publie Safety Director had prepared the amendment in his absence. • The City Attorney explained that Shorty's Towing has had the City's Towing contract and this contract indicates he may have one wrecker at his residence "during normal business hours". He said there was a complaint by one neighbor who claimed he was carrying on business in his home which would be in violation of the zoning code. He informed the Council that the Contractor was found guilty of. this. The City Attorney said he met with the Public. Safety Director and the City's Prosecuting Attorney and hoped to develop a compromise so he could serve the City stay within reasonab]e bounds in regard to the complaint from the neighbor. REGULAR COUNCIL MEETING OF MAY 19, 1975 PAGE 20 He said the contract is proposed to be changed to allow one wrecker of a small size and also the words, "normal business haurs" would be deleted. He said this would allow a on2 ton pick up with a hoist on the back. He said if there was only one parked at the residence, this would not have any great significance. He said the contract should be amended in this regard. Mayor Nee asked if the zoning would allow this. The City Attorney said this woul'd not change the zoning requirements. He said they had explained to the contractor that if they had a large number of vehicles coming in and out of the property, they might receive another complaint and might be found guilty to this. He said with the amendment in the contract, one truck would be permited to park on the residential property. He mentioned that this would not be a violation of the code of operations from ones home. The City Attorney mentioned that the vehicles to serve the City in an emergency. Mayor Nee quoted a portion of the proposed contract and said, "its says the contractor is exempt from the City Ordinance". He asked if this would be possible. The City Attorney said he did not have a copy of the proposed amendment. He said ma.ybe this wording should be taken out of the ce�tract. The Public Safety Director addressed the Council and ind xated that the quoted language was a part of the current contract. He said the only change made was to allow the man to use one vehicle to come home and go back to his business. He said he may get called out in the middle of the night and not come out to work until later in the day. Mayor Nee said this portion of the contract should be deleted, the City could not exempt one person from the ordinances. The City Attorney said he would like to give the Council a little background. He said he did not think the•City would have any control over the man driving his vehicle back and forth and parking it in the driveway. He said a mumber of people in the City do this. He said this language was proposed to advise the contractor that a limited number would have to be complied with. He said this would be the difference of what could be done under the contract and what would be allowed under the ordinances. He said this proposal would allow him to park one small vehicle for any hour, not only during the normal business hours. He said this decision was not because there was a violation of the ordinance, but because it was in violation of the City's contract with the Towing Firm. Councilman Fitzpatrick asked why the contractor could not park there as long as everyone else does. The City Attorney said the area residents would not want three 30 ton diesels parked there. He said the court was concerned that he may be operating his business from his home. Mayor Nee asked how the court arrived at this. The City Attorney explained that they had been parking many vehicles at many times of the day. He said the number of vehicles and the coming and going during the day was the basis of the complaint. Mayor Nee questioned if the other employees of the firm also park the vehicles in their driveways. The City Attorney said this is done all over the community. He mentioned one that is 60 feet long is parking by his home. A representative of the contractor addressed the Gouncil and explained that the firm irt on probation from the Court and if the truck would remain there late in the morning, they may have to go back and pay a$600 fine. The City Attorney said the � City should have the vehicle available for emergency service. Mayor Nee said the ` City Attorne,y's opinion is that if this contract was to be amended, this would protect the contractor from prosecution. The City Attorney said if the owner of the area home fees he should not be prosecuted. He said if the contract is complied with and only . one small vehicle is parked at the residence, he felt there would not be a complaint. Mayor Nee questioned if the City's Prosecuting Attorney had prosecuted this case. The City Attorney said yes, he prosecu�es all claims. Councilman Fitzpatrick said this was not a violation of the ordinances, it was a violation of the contract. The City Attorney said yes. He said he had thought that the case was brought in with the assumption that it was a violation of the ordinances. �� i \ REGULAR COUNCIL MEETING OF MAY 19, 1975 PAGE 21 MOTION by Councilman Breider to amend the towing contract with the inclusion of the following statement: "That the contractor agrees and understands that he is.allowed to park one non-diesel type vehicle not to exceed 11,000 pounds gross weight, in his driveway or garage or in the driveway or garage of an authorized employee in a residential area," also that the last sentence ir the proposal be de �t�d. Seconded by Councilwoman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. ' MAYOR NEE'S SUGGESTIONS FOR TOPICS A7 THE MAY 28TH CONFERENCE t�1EETING OF TNE CITY COUNCIL; Mayor PJee suggested that the Council discuss the Critical Areas Designation of the Mississippi River, appointments to the Boards and Commissions, and Establishing relations with Spring Lake Park, Blaine and Coon Rapids in rel�tion to the watershed into North Park. ADJOUNMENT: MOTION by Councilman Breider to adjourn the meeting. Seconded by Councilwoman Kukowski. Upon a voice vote, all voting aye, P4a��or Nee declared the motion carried unanimously and the Regular Meeting of the Fridl_y City Council of May 19, 1975 adjourned at 10:30 P.M. _ Pat Ranstrom Secretary to the City Council Date Adopted William J. PJee Mayor �.. OR�JINANi,E N0. 1975 AN ORDINANCE AMENDING CHAPTER 507 OF �'HE CITY CODE OF THE CITY OF FRIDLEY RELATING TO MUNICIPAL BATHING BEACHES � The Ci�y Council of the City of Fridley does ordain as follows: • SECTION 1, Section 507.06 Liquors, is amended to read as follows: 507.06 Liquors It sha]1 be unlawfu] for any person to have in his possession or to consume any intoxicating liquor or beer or nonintoxicating malt liquor on Fridley Municipal Bathing Beaches. . PASSED ANQ ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF , 1975. ATTEST: CITY CLERK - Marvin C. Brunsell First Reading: Second Reading: Publish: MAYOR - t�JILLIAM J. NEE �■ i� I � I � :� ' � � � 0 ORDINANCE N0. AN ORDINANCE lJNDER SECTTON 12.07 OF 7HE CITY CHARTER TO VACATE STREETS AND Ai.LEYS AND TO AMEND APPENDIX C OF THE CITY CQDE The Council of the City of Fridley do ordain as follows: SECTION 1. For the vacation of an alley described as foilows: All of the East-West alley in Block 5, Spring Brook Park Addition, that iies between Lots 1'-17, and Lots 32-46, All lying in the South Half of Section 3, T-30, R-24, City of Fridley, County of Anoka, Minnesota� Be and �s hereby vacated except thai the City of � Frid7ey retains easements for drainage and utility . purposes oVer the alley herein described and vacated. SECTION 2. The said Vacation has been made in conformance with Minnesota Statues and pursuant to Section 12.07 of the City .Charter and Appendix C of the City Code shall be so amended. � PASSED BY THE CITY COUNCIL OF TNE CITY OF FRIDLEY THIS � DAY OF , 1975. MAYOR - Wiliiam J. Nee ATTEST: CITY CLERK - Marvin C. Brunsell Public Nedring: June 9, 1975 First Read7ng: une , Second Reading: Publish........ 0 2 0 ORDINANCE N0. AN ORDINANCE UNDER SECTION 12.07 OF THE CITY CHARTER TO VACATE STREEi'S AND ALLEYS ANQ TO AMEND RPPENDIX C OF THE CITY CODE The Council of the City of Fridley do ordain as follows: SECTION 1. For the vacation of a street described as follows: All that part of 76th Avenue N.E. located in Osborne Manor Second Add�tion, �ying East of the East line of 5th Street Pd. E. , All lying in the North Half of Section 11, T-30, _ R-24, City of Fridley, County of Anoka, Minnesota, .8e and is hereby vacated except that the City of . Fridley retains an utility easement over the entire ' vacated street righ� of way. SECTION 2. The said Vacation has been made in conformanace with Minnesota Statues and pursuant to Section 12.07 of the City Charter and Appendix C of the City Code shall be so amended. PASSED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF , 1.975. � � ATTEST: ,� CITY CLERK - Marvin C. Brunsell Public Hearing: June 9, 1975 , , First Rea�ding: June 16, I975 Second Reading: Publish........ � � ' MAYOR - Wiiliam J. Nee � _. 3 ' • � . . . . . .. ' _. � � � � , � , � . ' � , , �� _ , ORDINANCE NO.. AN ORDINANCE TO AMEND THE CITY CODE OF THE CITY OF FRIDLEY, MINNESOTA BY MAKING A CHANGE IN ZONING DISTRICTS The Council of the City of Fridley do ordain as foliows: SECTION 1. Appendix D of the City Code of Fridley is amended as hereinafter indicated. SECi'ION 2. The tract or area within the County or Anoka and the , City of Fridley and described as: Lot 1, Block 1, Walnut Addition, lying in the North Half of Section 12, T-30, R-24, City of Fridley, County of Anoka, Minnesota, Is hereby designated to be in Zoned District known as C-2 (g�neral business areas)., SECTION 3. That the Zoning Administrator is directed to change the official zoning map to show said tract or area to be rezoned from Zoned District C-1 (1oca1 busirtess areas) to C-2 (general business areas�. PASSED BY TNE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF , 1975. ATTEST: I CITY CLERK - Marvin C. Brunsell � Pub�ic Hearing: June 9, 1975 � First Reading: � SecQnd Reading: Publish.. ' � � MAYOR - WiTlium J. Nee �I � � ' � ' / � / O �,I / ,.�i %��/°,/''.�r��,�S/_• �' 1 ' ' July 7, 1975 ' ' ' ' ' , ' �J � ' '. ' c � � c°o � N � . M a tn � Q � 0 � W z z � � W J 0 � � . � Q W _ � � 0 z W � z, w > Q } � � � w > z � M � • a W � z w � U > U Statement of William Nee RE: Frontier C7ub Rezon9ng s Members of �he Council: I would like to place the following statement into the officiai minutes of the procee�ir�gs associated with the proposed rezoning of the land presently occupied by ihe Frontier Club. Since the argument is rather lengthy, I am circulating it now to you, and to others who have indicated a direct interest in the subject, in the hope that you would then enter it into the minutes without my having to r�ad it in at the meeting. This would save time, and at the same time give proponents an opportunity to consider a rebuttal if they feel a rebuttal is calied for. We have before us an ordinance to amend one of our most basic ardi- nances, our comprehensive land use plan for ihe deveiopment of the City of Frzdley. This Master Plan has been the basis for most of the investment that has been made in Fridiey in the past 2Q years. ihat amounts to hundreds of millions of doTlars of investment by bath private citizens and public (governmental} agencies. The security of much of this investment reiies in part on the City Council's prudent and responsible enforcement of that Master Pian for land use and development. As we have seen in a few instances, irres- ponsible changes can have far-reaching consequences. (A.revision which favored one or two property owners in the Hyde Park area, for instance, had serious adverse consequences and caused economic loss to many�others.) The present situation is not at all unusual, of course. All City Cpuncils (including Fridley Councils) are often presented with questions similar to the one you face tonight. Namely, the petition for a change in the Master Plan by a land owner who believes he could earn a higher profit from his land if the zoning couid be changed to a higher ciassi- fication. _ ' ,�, ' ' Members of the Council -2- � July 7, 1975 1 � . By and large, Fridley City CounciTs have responded to such requests ' in a responsible way. By giving careful consideration to each petitioner's request, but at tne same time giving rp ime consideration to the public interest and to the �interests of the many other indivi- ' dual investors who have made their investments based on the security provided by a sound, well-enforced land use and development plan. ' In other words, as responsible members of this Council, we must always consider any proposal, any petition to change our land use Master Plan, but because so man people, homeowners, citizens and ' investors have relied on the continuing integrity of the Master Plan for the �ecurity af their investment, we shouid approach any considera- tion of a change very cautiously. � ' u � 1 � ' When I speak of the integrit� of the plan, I refer to the fact that the various land use classifications and allocations were made for good reason, and that their function is interrelated. .When you change a previousiy specified land use, you are in fact changing the rules of the game for others who may have �nvested on the assumption that future developmeni would occur in accordance with the City's published Master Plan. I am not saying that our City Master Pian is perfect, or that it cannot or should not be changed when it isn't functioning properly, but I do say that a change for�the conveni.ence of an individual property owner is not sufficient.justification. Change of the Plan should grow out of the up blic interest and be cansistent with the broad outlines of the Master P1an. We shouid be absolutely sure, based on substanti:al evidence,�ihat a change is in the public's interest, and an obvious i�n�rov�ment to the Plan, before we change it. - So, how do these general comments apply to the present proposal? ' I have carefuily read the minutes of the Planning Commiss�on's hearing on the subject. And I listened carefully to the presentation made for the applicant at the Council'-s own public hearing on June 9, 1975. ' At no time in either of these hearinqs was a case made, or even attempted, that this rezoning would be �n the publ�c interest. ' I underscore that because it goes directly to your responsiblity as a public official of this City. At no time was a case made that grant- ing this rezoning petition would be in the public interest. , � J ' e � . ' , ' Members of the Council -3- July 7, 1975 ' ' I submit to you that this is the first and most important test you must apply to the question. I believe that this fact alone requires you to vote against the proposed change in our Master Plan. � ' ' CJ 1 � • ' ' ' II ' ' ' L� But beyond that, let me go on to indicate why I believe it is actually inconsistent with the Master Plan and therefore not in the public interest. First of all, in all my years as a member of this Council, I have never seen a more fTagrant example of spot rezoning. The petition is not to replan an area. It is to rezone only one lot, a total of 15i feet fronting on Central Avenue. It clearly does not take into consid- eration the functioning of the neighborhood or .the impact on any other nearby land. , For illustration, contrast this process with the process we are using in other parts of the City where rezoning may be considered at some time in the future. As you know, tne Planning Commission and the City Council have identified several areas in the City--6 areas as I recall-- where we are experiencing functional prablems with the Master Plan. This may be due to unanticipated change, problems assoc�.�.ted wi.th platting prior to the adaption of the plan or simple planning errors. In any event, these areas have been designated as project study areas, and over the years we wili be daing a great deal of work (which may or may not involve rezoning) to make these particular areas functian better to serve the people. But note this important point. There isn't arry LEAP TO REZOiVE in these study areas. If rezoning daes occur, it wili be integrated into the total plan, it will grow out of functional consideration, and it will be based on strong documentation and evidence that it will serve�the public interest. Contrast this approach we have been using with the present process in which the petitioner asks for the rezoning of a 151 foot lot without any showing that it would make the area more functional in terms of our Master Plan. The only case being made is, "I want it:" This is, simply, SPOT REZONING. It is a violation of the First Co�nand- ment in the Community Development bible. And, it is somethin that at least one other member of this Council (in addition to myself� has taken a strong F�ublic position against. ' . � - -- - , , Members o�F the Council -4-. ' , � But let's assume that you do not agree that ' spot rezoning, or that you don't care if it you how tl�e proposal actually diminishes the P1 an for �thi s nei ghborhood . July 7, 1975 the change would be is. Then let me show integrity of the Master The land in question was zoned C=1S--NEIGHBORHOOD SHOPPING--for one simple an+� correct reason. Because a neighborhood shopping area was considere�� basic to the proper functioning of the area. Because it was determined that this large and growing neighborhood was effect- ively isolated from the rest of the community and that it therefare needed neighborhood reta�l services. � All you n�ed to do is look at the map to understand just how profoundly isolated this neighborhood is. Why the res�dents so often refer io thei.r neighborhood as Fridley's Forgotten Corner, and why they need neighborh�od retail services. You can see that everyone in the neighborhood can reach this local shopping area on foot, or sa#ely by bike. By actual measurement it is .4 mile from the c.enter of the neighborhood. The next nearest gr.ocery is 12 miles south to "Lemms" or l4 mile west tothe PDQ. So if this area fai]s to provi�e 7oca1 shopping services, the people of this neighborhood will not have access to shopping services without using a car. The entire neighborhood has a clear and pressing need for loca7 shopping services. They were promised this neighborhood support by the City i-n our Master Pian, and in fact, neighborhood services were provided in this very building before it was converted to its present use. If you agree with this need, 1et me point out that the only way to �et local shopping services developed for them is to stringently maintain the integrity of the zoning. You must continue to say that this land is set aside for those investors who will build to serve the needs of this neighborhood. If you.do not hold fast to that concept--if you do rezone to regional uses--then the land wili become too expensive for neighborhood service businesses. So the basic issue is whether or not you want to keep faith with the people who have built their homes, invested their personal savings in this neighborhood, based in part on our promise that they will eventually have neighborhood shopping services available (a promise conveyed in our Master Plan). ' ' Members of' the Council ,5- July 7, i975 ' . . , The petitioner asks that you consider his investment, even thaugh it was made in clear conflict with the provisions of our Master Plan. ' By all means, consider his investment. But, in addition, you must aiso consider the investments of hundreds of families in the neigh- borhood who have invested much more, and who are entitled to both the protections and benefits of the Master Plan--with whieh they ' have complied. ' Those families need, and are entitled to, the neighborhood retaii services described in our Master Plan, and which, incidently, had been provided previously in this very same building. ' You can :.ay that there is other C-1 land available in the same area to serve the neighborhood if there is economic justification: I think the clear answer to that is that once there is a break in ' the dike, there is no place to stop. We will be flooded with petitions to rezone the balance of the area to so-ca]led "higher uses", and if there isn't grounds to insist that a property which ' had been used in neighborhood retail service remain in that classi- fication, there will be no grounds to hold that buildings as yet not built must serve that function. ' If-you do rezone this small parcel you wi11 be under continual pressure tQ rezone the ent�re area for more profitabie expioitation, ' and will thereby ass9gn the entire area to uses other than neigh-� borhood service. It would be an act which underscores the validity of the charge that that is, indeed, Fridley's Forgotten Corner. Finally, ]et me comment on the issue raised by the applicant that by prior usage by the City, their proposa7 is historically consistent. � It is true, of course, that years ago before the adoption af our Master Plan the City of Fridley did operate a small liquor facility as one of several retail shops in this building. But there is an ' important difference. It was a small, neighborhood facility. At no time did the C�ty operate on.a scale comparable to that proposed by the petitioner. - ' Our bottle store was so sma11 that if five customers were in it, i-t was crowded. The on-sale, when we had it, wasn't much larger. ' Contrast this with the applicant's testimony that he is now operating on such a scale that he has spent up to $7,000 a night for entertainment and that this would be his policy for the future. ' ' ' � ' ' - Members oi' the Council � July 7, 1975 ' So to citE� the City's early neighborhood operation as a grandfather , rationale for the present large scale operation which pulls from all over the 'fwin City area--this boggies the mind and trains all reason. ' But beyorn� that, the argument by the petitioner misses the essential point of ��rhat the City of Fridley did. The City of Fridley determined that it w,as not an appropriate use and REMOVED their liquor operation. ' We did not go out of the liquor business. We simply moved ail of our operations to more appropriate locations. ' Admittedl.y, the building owner was still entitled to grandfather protections to the extent of beer and set-ups, and the City did not try to stop that use, but to argue that this admits the City ' sanctioned the use is not consistent with the facts. The City clearly did not consider liquor,an appropriate use at that site and closed it � out. ' ' Now the applicant argues that our early use--before the adoption of our Maste�r Plan--is evidence that the C-1S zoning was a mistake and that this area was never intended to be committed to neighborhood services. The evidence is clearly to the contrary. If the ar•gument is that somebody made a mistake which needs to be , rectified, it seems more likely t�at the present awner, who invested $100,000 in a property without checking the uses permitted by the zoning, rn� have been the mistake. ' � ' � � � � �� But it was not a mistake by the C-ity of Fridley, and I do not believe this Council is justified in bailing out this investor at the expense of planrn�d services for the ather property owners in the neighborhood. I believ�e it is incumbent on this Council to continue to give a clear indication of your intention to have this iand used by investors who will provide neighborhood retail services by voting NO on the moiion to permit its use for regional purposes. WJN/ms CC: City Council • Pet,itioner and Attorney �� I � ' ' � n . � RESOLUTION NO . 11-19 7 5 _ '. •� 5 .; A RESOLUTION REGARDING THE ISSUANCE OF INTOXICATING LIQUOR LICENSES ' WHEREAS, the Minnesota Statutes have been amended to permit the City of Fridley t� issue certain additional intoxicating liquor licenses to hotels and restaurants; and - _ . _ . .' , WHEFEAS, the city council has announced that it would receive applications for new licensES; and . WHEREAS, the city has received an application by Max Saliterman for and on behalf of the King`s Chalefi, �nc.; and . WHEREAS, Mr. Saliterman has presente.� to the counci.l certain I preliminary sketches of the location and interior layout of the area-to � ' be remodeled for said restaurant; and - .� '' �. WHEREAS, the city council is favorabl� disposed to reserving . � one af the available licenses for said applicant; NOW, THEREF'ORE, be it resolved by the city council that subject . to the applicant meeting all requirements of Minnesota statutes, Fridley . ordinances, and codes as they exist, and subject ta any amendments that may be adopted prior to the time of actual issuance of said licenses, and •subject to the applicant presenting to the city detailed plans and specifi- � cations for the remode2ing of said restaurant, which plans and specifications must be approved by the city administration, approgriate boards and commis- s�ons of the city and the city cauncil, and subject to the applicant agree- ing to upgrade the landscaping, parking lot, and ex�erior of the proposed building, the city council shall reserve an intoxicating liquar license for said Max Saliterman far the period of six mvnths from the date of ' this resolution. ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY, THIS 3rd � DAY OF Februar;�_, 1975. � . . <. _ . . . . . �, . _ , Mayor . . . , .. � Attest: City Clerk 0 � ,. , , F . . .. 1� � LAW OFFICES Sii�[i'�i`�, �fUS'I'��. �L �'-+ EI�'i�I�[A. ' CHARTEREO �irXA.LMi�Pt, 3f-IA'37KVI7CZ. CA39E�l.LY �L IViEy9�QUIST � WYMAN SM ITH LEONARD T. JUSTER HENRY H FEtKEMA � � ALVIN S. MALMON RONALD L. HASKV ITZ JAMES R. CAS5ERLY CARL J. NEWOUIST ASSOClATES MARK E. I-IAGGERTY � ALLEN H. GiBAS IRVING JUSTER OF COUNSEI. ' ' June 12, 1975 Nasim Qureshi Fridley City Manager � � 6431 University Avenue N.E.- . Fridley, Minnesota 55432 IN RE: Application for on-sale iiquor iicense ' Max Saliterman, City Resolution No. 11-1975 SU ITE 1250 HUILDERS EXCHANGE BUILOING MINNEAPOLIS, MINNESOTA 55d02 TELEPHONE 339-1481 SUBURBAN OF�ICE 6441 UNIVERSITY AVENUE N.E. FFtIDLEY, MINNESOTA 53432 TELEPHONE 560-6870 Dear Nasim: � On June 9th I wrote you a letter requesting an extension of time for � Mr. Saliterman. I sent a copy of the letter to him and he has phoned � me. It appears that his shopping centers have had considerable damage from the recent tornado, or as some have characterized it, a"sirong wind". At any rate, he says tMat the damage and getting the matter , e�nd-f��nr� .�I n�-0...t� r�ll �F-�lin .�-..-_ ��_ 'fJ 151._ 11.._ t..._..=-- . �JGVYI�.t� ui�u ict+ur�,a,vr�� a.un� jV1iIC LIIIIC. �f1C WUUFU IIRC LtIC CRl.C11JiV1{ resolution to give him at least 9 months. Yours truiy, . � , . � � . �, . � . Wyman $mith � , WS/bk cc: Max Sa.literman u 0 SA • i r ll) � , LAW OFFICES _. • 6iMI'��, �US�['�E�. Sz �'E��]EI`+✓�A CHARTERED ' I1�IAL:�7:ON, HAS��VIT�, CASSE�i.Li' 8t N�Wl�IJIST � WYMANSMITH L.EONARD T. JUSTER HENRY H. FEIKcMA ALVIN 5. MALMON F20NALD L. H,4SK`✓ITZ , ' JAMES R. CASSERLY CARL J. NEWQUIST A5SOC l AT ES MARK E. HAGGERTY ALLEN H, G 1 BAS � ' IRVING JUSTER OF COUNSEL , June 9, 1975 SU ITE 1250 BUILDERS EXCHAtVGE BUILDING MINNEAPOLIS. MINNFSOTA 55402 TELEPHONE 335-1481 SUBURBAN OFFICE 6441 UNIVERSITY AVENUE N.E. FR 1 DLEY. M I N N ESOTA 55432 7E�.EPHONE 560-6870 . ' � Nasim Qureshi Fridley City Manager 6431 University Avenue N.E. . Fridley, Minnes��ta 55432 � I.N.RE: Appli��ation for on-sale liquor license � Max S��literman, City resolution #11-1975 ' Dear Plasim: • . Mr. Saliterman ��sked that he have an extension of time. As he and I read , this resolution, it �,�ould expire on July 3, 1975. It may iake until the �- end of the year for him to get into full operatian, but he believes that � he will have ev+srything under way within the next three months. � � Yours truly; � � Wyman Smith , . . WS/bk � ' ,i cc: Max S��literman , , , � , . � �� , ' , . .� � , � , �� , - .' ' Page ; 7he t�linutes of t:he f3oard of Appeals Subcommittee ��eetinc� of June 10, 1975 tdOTIO�I by P1E�me1, seconded by Gabel, .to close ihe public he�ring. . Upon a vo�ice vate, there being no nays, the motion carried. t-�07I0,�! by G_.be] , seconded by Prem2) , to recommend to the Ci �ty Counci 1 ap�roval of t�is variance, Upon a voice vote, there bein� no nays, �he motion carri�d. � • � 2.' A REC�U�ST FCi? A V/tRIA"!CE 0; SFCT.IO`d 205.153, 2, FP,IDLEY CiTY CODE TO {;�UL'CE T�I!� i1'�iFP.AG� FpO��lT YAi:s� S�'T3,�CY. FRO�-1 67 FEET �f�J 3l FEF7 TU 11�LU�J TN�: C�?'aSTRULTIO;! OF �1 Gr'��Nu� I';�J� F3�Z�EZEI:AY �f0 U� �DatD ONTO TH� FRu�`1i Or THE EXIS�f�It�;G D',�«LLI,`�G �.00AT� D Ui� l.OT 1, t�!_OCK 7, STIPJSOPd BOUL.t'a'fiRD ADUITIOid, THE SAf�I� BEI�Iu 7540 STIi1SO�d BOULt`lARD td.E. , FRIDLE:Y, hiIP�ii�SOTA. (r;EQUEST LY l��P,. P-1!�RLEid i�IILLER, 7540 �STIPiSO�! 6;,�ULEI;tnKU ld. E. � FRIDLEI'� P�lI�di•lESOTA. ) � � MOTIOi�I by G�ibel , hzaring not�ice. mo�i on carr�i ed. seconded by Plemel, to �,raive reading the public Upon � voice vote, there being no nays, the . P�1r. �f�arl en T1i 11 er �vas p`resent to present hi s reqt�est. Cha9rman Drigar�s askf�d 4•rhy he �rrar�ted to� bui7d such a large addition to � his exa sti ng gar•age. P9r. h1i 11 er stated that he needed 30 feet for ti�i s addition so.he could pursue his hob�y, ��;nich is car�entry, and use it for a t�rorkshop. Ch3i rr�an D►�i gans asked t��hat he �roposed to do �ati tn the existinq garage. H� st�ted that he t��ould use it for his a�orlc- shop. Chai r•man Dri gans asked i f there t�ras a house on the other i ot that didn't belon� to him. Ne replied that there ��tasn`t. Ne ��as a2so asked vrhat tivas 7ocated to the south of his praperty. He stated, nothing. Also ��ho lived in the house 7ocated to the north of his property. He repli�d Dennis Schrozder, t��o had signed an agreement stating that: he had no objection to this proposed construction.. Prem�l aslced about this area. Pr1r. P�lattson explained that the area had been re�,l atted . There ��rere ori gi na17y t!�io 1 ots a� 120 foot frontage. 1'hese t�rere di vi ded up i nto �three 1 ots of 80 foot -Frontage. Mr. rfilier ��as as;ed hotiv nwny feet from the back a-� his house to the . north. He r�epl ied 35 or 40 feet. h;rs . Gabel <<sked hlr. P1i 11 er back instead o� the front. enough room;, only 10 feet. if he ever considered adding onto the �le said he had but there ��rou7cin't be Chairman Urigans asked 4�tny he wanted to place the garage this t�ray, and ��hy not turn the garaye around the other �•�ay, ttien he �•�oul dn' � havc to havE� a variance. t•tr. P4iller stated that ti�e houses are set back 70 feet: plus. t�r. 14attson stated that in case of large set- backs of this nature, ti�e setback is dctermined by averaging the setback of tiouses on either side allowing plus or minus 6 feet. ' . . ' • ' , � 4' � 1 � ', • .�� . _.Pa�� 3 6 A The P'linu�tes of the Board of �!ppeals Subcommittee i�feet-inq of June 10, 197� I, Chai rman Dri rans asked i � h� .tal E:ed to his ne�i c�;,�1�/~J reyarding hi s intentions. There ��ere no objections. Chairman Ur�igans asked ti•�f�, P�9r. P•!i 11 �r had only P-ir. Scnroecler sign the rel ease. . I ' � , ' ' � �. � , �� -�., . ' Pir. htattson repl i ed thG�t v�oul d be �ne propert�/ they aroul d be encroacni ng on. It is the concern of the nQign�aor c1osest tc t�ie structure tna� i s prop�sed tnat i s a F�ect�d by tn i s matte•r. C;�, i rman Dri gans as�:2d f�tr. P�?i 11 er i�� he i ntend�d �o use hi s exi sti ng gar� �� as a��orkshop and he ans:��?red, yes. Discussi on fol l o:�red as to 1 ocG �� on or front door and drive►,aay. h10TI0;1 by Prem�l , seconded by ��rs. Gabel , to c�ose publ ic hearing. . Upon a�oice vote, there 52111g no nays, the motian carried. Mr. Plemel �tated that if or�e r.eighbor objected, hz ��ould have some �- second thoughts on this variance. T�1rs. Gabel stated that she�ti��asn't su�e ihat she ��au7d a�prove this variance in an area ��ih�re all of � the houses �iere placed back so far. . .. Chairman Dr�igans stated that he w�nts a double garage and he has no other placc� to pu�t it but in the fro�t yard. He ��ou1d go alor�g :�rith . � the request; as long as.P�r. tliller uses his existing garag� as a habby shop and nut as a form of employr?en� or for comm�rcial purpos�s. Also • it should be covered vrith the same material as his house. h10TI0N by �'remsl, seconded by h1rs. Gab�l, to recommQnd tn the City Council, tc� grant the variance in this case from 67' to 31 fe�t to allo;� consi;ruction o-� an addition to garagz and a breezeti�ay, ti��ith. - the stipul��ion tha� the gara�e be o-f the� sa�re material as that of the house <�nd to have iL blend in as ��rell �as possible. Cnairman Drigans spE�cified that it is the requirenent of the City Code to have the drive��ay hard-surfaced. _. 3. A RE(�UEST 1=0R VAP,IANCES 0!= THE FRIbLEY C?1'Y CODE AS FOLLO!�1S: � SFC. 205.01�,'�, 4A, TO F�'ED'JCE 1�iE n1�'ER��E FROilT YE\RD SETGACK FR0�1 35 FEET 70 20.5 FEET, SL-CTIO''! � 05.0�5, 2, ?0 P,ED!JCE �(HE fvlli�iBER C;F TIiREE STALLS TU -f1�10 ST�'1LLS, �+LL -f� ��LLO'.! �I'HE CO,�lS7R�C� iQ`I OF TE�� DOU6LE GARF�GF�S TO GE LOC�1iED AT T;IE F�LLO?�IIZ;G LOCATIQ,!�: LOiS 11 , 12, 14, 15, 16, 17, 18, 20, 2.1, 2.2, F'LOCK 2, Pl��FL'S !��0��!�+�;DS �UDITION, 1�HE S4t•1� t�EIP1G 74G3-74'b5 E'�� c STRFET �;.E. 7��47-7�j��9, 7477-7419, 7407-740.'�, 7379-73�1, 73G5-7367, 73`��-7351, 7325-7327, 7313-7315, 7301-73U3 {1aLE STf:EET PI.E. , R� U:�ST �Y PQ:27FOLI0 R��LTY, I;•�CORPORA7EQ, 2469 UNI1�'ERSITY (�VENUE, ST. PAUL, t•IIN��ESOTA 5511�� , M07IOt� by Chairman Drigans, seconded by t1rs. GabQl, to waive reading the public hearinc� notice. Upon a voice vote, there being no nays, �he motion carried. • �1 . i . .i . 1 a .' � � WILLIAM D. SCHOELI. REOI5TERED CIV�L ENGINEER MINM. NQ 2760� SO. �AK �es WI4. NO. E�6176 � R�OR�D� MO. 627� NO. OAK. 62D MONT. NO. 1818•E 0 SCI�UFI.L an�i MAllSON �NGINF_ERS AND SURVEYORS 2629 LOU(SIANA AVENUE . MINNEAPOLIS 26, MINN. WEs7 9�044A . , CERTiFICAiE O� SU�\/EY FOR: M R. �u�� -D � N G� S E THER i. ;., r: � � :, �, /;,,s , ;- . . 62•'�150 ? CARLISL.E MAI RE8157ERED LANO S � MIMN. NO. �� SO. DAK. 791 W�B. HO. 4.67+ � IOWA NO. ]706 � NO. DAK. lfoi MOF1T. NO. 17�2•! � u� •TS�c �` . • ��.�'�'�-----�3•6�------� � , � � �� ,,........ ::..... ��.z4�..:ow. _.. . ,•..... ��.... ;, �3'�.2��........,. , , �• , '1 f..' ....y10 ' _SO ' . a ' _ �K I _..�^-�. _.. _� � � O O O C� • O �� :, .� . _; ; -__�— �,Y. �, , � . !"n' �4� `� � ` ` � � � , \ . . � `�� _ � �.�.�� : : 4 L !. • 1 • �� i ��' i i� � � � � 1 . � � • , , � • , , ' 1 . ' � . ._, . . . . . • � 13'?.2� �. , .... ....•�' . 0 .\ ��, -� - ' - -� - -- - -- . -,. . . ._—_: � _-, ......__ y,,..�. . , . ,... r� .. :.---: _.-- ` ,._. _ _ _. _ _ . ..._.. __ . __. ._ , _ _ -- ... . , _ _ - - � __ _ _ . ��: __ ; . . . - ' •" 217�i7�'= '�.�3TA'3L1'Stt�G� b�/ 'JVTZV��/ _ �- Otnot�s (ran Manurn�nts 0 ��0 �'�/t�5o�l WE HEREBY CERTIFY 'THAT l'HIS IS A TRUE AND CORREGT RtPRESEN7ATiON OF A SURVEY O� THE BOUNDARIES OF: lof �, B�ack (, Spr�n� �ak¢ Park l�k�side �Anoka Cour�t�� Minrt.� . AND OF THE LOCA710tJ OF AL� BUII.DtNG5. IF ANY. THEREGN. AND ALL VISIBLE ENCROEtCtiMENTS. IF ANY, FR�M OR ON SAID LAND. �� t%J DAY OF O�fo6er ,�g� AS SURVEYED BY US TFf15 � ' ,./��+G�1�.��Cc. � °"? LAND SURVEYpR. MItVN. REG, NO. 437♦ ' � _ � . . .. . _ ...._ .. ... . 0 AGR�Ef�IENT l��iBKl-��► ��e /�5� "' � -- 6 C w n � I�� [/��7i/vr S �C Ni,°vt Ot�2 , owner of the property located , at %JEG� Nt ST/i✓S�nr have no objection to the City allow�_ng the construction of a �,4,�q� � • to be located at 75 �/ O , . IVt � uA! � S j/� S without the �:equired certificate of survey that the ' , City ordinarily requires for all new constructioii. � cQ ,�.ca , Siynature , ' . - � %��o � !�!!t S % /N Sa,� . Address a J�,,� � �q �s , , � �te ' �.10-� _c.l_L� i � ' W' ness 0 i,l� � � ' ' ' . T0: ' FROM: . SUBJE CT : IDAT E : � ' ' ' � ' CITY OF FRI DLEY MEMQ RAPd D UM NASIM M. QURESHI , CITY MAtJAGER h9ARVIN i�. BRt7NSELL, ASST. CITY P9GR./FIN. DIR. - REQUIREt9ENT FOR A$200 DEPOSIT FOR CARNIIIALS AND BEER LICENSE JUNE 26:, 1975 � I am enclosing her�eiwth a copy of Section 28 of the City Code relating to licensing of carnivals. This section of the code does require tnat carnivals be licerSed and that a$200 bond be posted. I do not believe that the ardinance contemplated the type of activity which will be held on Saturday, August 16, 1975 for Muscular Dystrophy. The ardinance was written, I presume, to cover the regular carnivals where rides are given, mercl�an�ise .is dispensed, etc. There is quite a cleanup problem after suci� a carni val . Ai though the Muscul ar Dystrophy night is called a��arnival, it does not appear to be a carnival in the usual sense of the wortl. I would imagine the people living on the street would have a speci;�l interest in seeing that all debris is cleaned up: The Council may no�t want to require the �200 deposit in this instance. Section 602.12 of i;he City Code provides that a non profit organizatian may be granted an off-sale beer license, without a fee for a period of up to 72 hours duration. MCB:sh Attachments � � �. 0 7 i � � . . ' . . . � . . . . .. . .'�'.�f ." . ' -- 7 q � 602.08. 7ransier : . 6�2.13 • 7ransler C licenses granted pursuani to this chapter are not iraRSferable from orie holder to another and in case of change � 'of ownership of the premises on which license has been granted to sell non-intoxicating matt tiquors, the new ' owner.must obtain a new license uniier the provisions ot this chapter. No license may be transferred to another place without Council approvai. � 602.09. Inspectlon ' 7he premises named in any license :�hatl at all times be open for inspection and examination by any policeman or the Heaith Authority of the City. � '602.10. Nours . . In the places licensed to sel{ such non-intoxicating malt liquors, no safe of non-intoxicating malt liquor shall be �ade between the hours ot one a.rn. and eight a.m. on any weekday Monday through Saturday inclusive. either shall any sale of such liquor be made on any Sunday between the hours of one a.m. and twelve o'clock noon, nor between the hours of one a.m. and eight o'ciock p.m, on the day of any statewide election. (Ref. 501) �i02.11i. Revocatiort ' Any license granted hereunder may b+� suspended by the Council without notice to the grantee or a hearing may �e heid by ihe Council and revocation made for cause. Any vioiation of any provision or condition. of this chapter rany falsification of any statement ii� the applicaiion shatl be grounds for revocation. No portion of the license fee paid into the City Treasury shall be refurned upon revocatioR: �02.112. Prohibition Law Violation , The license of any person who shall be found guitty of any violation of the prohibition law� whether the offense �e committed on the premises named in his license, or etsewhere, and the license of any person who shall have, eep, sell, manufacture or possess intoxicating liquor at or upon the premises name din his license, contrary to said prohibition taw, shali be revoke�d by the CounciL • �2.12. Non-Protii Organizations � • pon written application by a non-pro�`it organization, said appiication staiing the name of the organizaiion, its g[stered office within the State of Minnesota, the names and addresses of its principle officers and� the scription o1 the tocation and activity to be sponsored by said organization, the Cit Courtcil ma f sate licenses, without fee, for a period not to exceed 72 hours duration. The p ovisions of chapter 81 aas applicable, shall be observed by sai<i non-profit organizations. (Ref. 463) �12.13. Penatties . . � �Any violation of this chapter is a misdemeanor and is subject to atl penatties provided for such violations under provisions ot Chapter 901 of thi:� Code. _ � . �' � ' � � Inspection Hours Revocation P�ohibition Law Violation Non-Profit Orgartizattons Penalties 1 - � _ s�2-2 C� C' 2$. CARyI'1;alS . _- 7 B � � za.o� 23.Oi. Li.atrsa Requir9cl t�� par�on stiaii r�iva ar maintain any circ��3 or camiva[ to which an udmis�ion is ch�rg2d or for which aJ;r.is��On ?::�s ar° charged for any indivi�ual a^.ivitias located on :hs pr�m��es without s°curing a li;sn�e th,�;,atr�r. ?.3.�2. �SOp;;r.a!ion �4::r;'c:f;^n',�+ s�:;ti I�canse shal! b2 n�d� ,� !h2 City Cler;< at laast 20 i:ays in .��tvar�c� of ths schad�l�d Ga,a :or ;:c.._n .;i,-c�:; o� �: irnival. 7;�u application s� aii stat� tha ;ims, piac2 and spunsors, or any oth�r informxiion i3.�uir�d ay :h: City. 23.33. F3�3 � . 7.^.:: licensa f�e and expiration dat� shall ba as provided in Chaptsr 11 oi this Code. 2J.OA. v^psrat+on � Any operator or owner of a ��arnival shail conduct said premises and said o�erations in a lawiul manrir. !'e shail comply with all regulatiuns and statutas of the Staie of �dinnesoia. H� shatl not maintain any nuisanc�• or noise.on said pr2mises. He shalf not parmit any intoxicating liquors or any immoral conduci or practices to exist on said premises. � � 28.05. Proparty Control � - ' Any op�rator or owner of a carniva� shall control and direct the traffic and motor vehiclas entering and teaving its premises so that it does not interfere and block the orderly flo�v of trafFic on the public highways ad}'ac:ent to said premises. No trash, paper cups, papers or wrappers shall b2 allowed to be scattered on said premises. No boittes, bottls caps or me+:allic articles shall be deposited or atiovved to lay on the driveways and parking areas.' . No motor vehicles shall stop or park on the shoulders ot the pubtic highway in the immediate vicinity of the said premises during t;�e hours ths carnival is in operation. • � � . 28.Go. Bcnd � � A bond of S2�0 will be required to insure propar cleanup of the premisas Followir.c� the removat of the carnival oparations. �icense Ftaquired Appiication Fa�s • Operation Property Control Bond 23.07. Panaitiss . . , � Peaallias Rny violation of this chapter is a misdam�arior and is subj�ct to all penaitias provided for such violations und�r ths provisions of Chapter 901 of this Coda. • � � � 28-1 � . �, � ' � i • �.� M.N �?'.�r'yW ��' `'ri;, —t�'' � �V -- �. :��!4Y"I�� '"`."L'.. �a� � rydu'�uo' 4 �I.rtu�.y,�. t� ,'��,e.1 • 2. � , Y �ii� �„r p - ' __. . . . . . ,@, y i ,�J �31�� k:: ��i`';,e. �r i ` '.. — --.—.._.-- � ,� .:,nr- — -- _ = _ � _� � � � r -q _ � _.,__�� '�x�- .. � -� - - Mr. Nasim Qureshi, City Manager City of Fridley 6431 University Ave. N.E. F r i d 1 ey , N�N 55432 Dear Mr. Qureshi, Springbrook .8 Nature Center Foundation Box 32323, Fridlcy, Minnesota 55432 (612) 522-1188 ,1uly 2, 1975 At its official meeting on June 30, the Springbrook Nature � Center Foundation authorized a request to the City of Fridley that an application be made by the City for LAWCON develop- ment funds for the Nature Center at North Park. � � ' l Application data for presentation to the granting�agencies is contained in the attached report prepared by Dr. Dan Huff. Authorization was also extended to request the City of Fridtey to provide $ 13,402.75 of matching funds (25% of the total) in its 1976 budget which shall be refunded by the Foundation as soon as it �s available. This application must be made by July 18, therefore some facility is respectfully requested. You truly, � -! Dr. Richard Trezona Chairman Fil� DIRECTORS Archipct pnnn H. /bllowW. Pioµ�n Dr. L. OnMI M�C�. Peuxc� B�ob9�q. Mh. Ond D. SMwI. Suu Ssnalw �h. LcM /. VNfn. 6��mn��wna1 IEWI ADVISOR . O�not�nrus, Uii�ve�utv ul M�nnnwla U.S. fnh snJ WilJlile ��v�c� Mimx�ola D�st��cl No. a6 B�olhe�hopl ol Tramttwt P J. tniona Cna��mm Mr. LVI� BradhY. Annkn Nern�rn�n kAUU� ut A�chilec4�re ��ul Mr. JoA� E. FMY�r. Vinles��unal Mra hnie� N. S��qer. Mvminr Me. Jr�w� MNkoxnki. Natwal Mr. DaWd C. Swdkoul r. Muk G. Nohla, V��r l'ne��ma� Dn�i�c� 11 Sc�rnrc Chn��me�i �maki.a+! Aieh��ecl�ne Ca�nu�t�ny E� ��wrei Nu��n Pa.k Ai1HiK Cu�mm�nee Sewnn Vouth founAsua� . Ernm A. WN��eio. tir. �r�air D�. wdur J. B.�ekmridq. O��eclw Dr. Donda B. L�wnne�. P�nleua o1 Mr. WAlhm N. ►wp�r. Bankar 0�. M+niwn B. TordoH. Dueelo�. . RECORDIN6 SECRETARV .. W �un t. Wortlen, M.�+iyn Sraa�e�v Emr�� , I1eIl Mu+eurn ul Na�w�l Bo�anv. Unrvn��iy u� Minnmo�y Ball Mus�um o� Nstural Nn�ory iM �IIM��pm�Mwn n� 1a xMn��lK��pn •�.N�mb�vo.t,eaa�re. Hn�o�Y . � a.arwiaow�wro��w��nao-.wMn� IAn.LMMnSYwn +' A NATURE CENT�R AT NORTH PARK — . ;�gq. ,. , INTItODUCTION 'North Park is a 124 acre city-owned site in Fridley (Anvlca County), Minnesota. The park was purchased by the City in 1971 at the cost of $ 275,000. Of this ',am�unt, $ 173,250 was awarded the city for the purchase under the Minnesota � Natural Resource and I�AWCON Grant administration. The City's share was $ 1�01,750. � � � The park features slightly altered to natural vegetation common to lowland marsh, prairie'grassland, oak. savanna, and oak for.est ecosystems at this latitude (45 N.). Wildlife abounds due to the variety of vegetative cover and rich productivity resulting from a mixture of lieavy forest soils and alluvial sands. Three streams bring flowing waters into the area, Chimokaman and Makwa Creeks from the north and Spring Brook from the east. The flowage of all triree is captured in an impoundment maintained. by an active beaver colony. The overflow drains to the southk�est corner of the park and, ultimately, to the Mississippi River, about a • mile to the west. Bounded by Anolca Co. R.d. 132 on the north, Main.Street NE on the east, the R.O.W. !� for 83rd Ave. NE .on the South, and the Burlington Northern tracks on the west; the area is legalZy de.scribed as: � � � � � S 30 Acres af NE �, sec. 3 30 24; and The East 70 feet of the Northwest Qu.arter of the Northeast Quarter of Section 3-30-24; and NW 4 of NE 4-EX TH PT LYING W OF RR-SUBJ TO GAS MAIN EASE OVER.WLY 50 FT-SUBJ TO EASE 30 FT WIDE TO N SUBURBAN SANITARY SSWER DIST IYING ELY QF A LINE PRTLL TQ &��) FT ELY OF MEAS AT RT ANGLES TO THE ELY RT OF G7AY LINE UF N P RR CD & EYTENDING NWLY ACROSS SD NTnT 4 OF SD SEC 3 3Q 24--6/11/65; and N 34.68 ACRES OF NE � 4 Qr NE 4 SEC 3 30 24 ; and TH PT QI�' LOT 6 REV AUD SUS ��103 LYI.NG NELY OF RR R/W-SUBJ TO GAS MAIN EASE OVER T.aLY 50 FT-SUBJ 7'0 EASE 30 FT WIDE TO N SUBURBAN.SANITARY SEWER DISTRICT 6/1.1/65. OBJECTIVES In the.fall of 1974 North Park was designated a'^Jature Center" By the Fridley City Council. The pxoperty was subsequently leased ta the Springbrook Nature Center Foundation for development in cooperation with the City. The object of this report is to prov�ide a preliminary documentation for that development. It is suggested tha� t:he final development stages will include a"Visitor Center" facility adequate to :erve the program�-ning goals (to be discussed Iater) and house a full time Director, one or more naturalists, a receptionist/secretary, and a�maintenance per�,on. The structure will be disussed in detail in a later section. Other improv�ements should include satellite rest room facilities, a parking lot, perimeteY• fencing, foot trails with bridges, board walks, wildlife abservation blinds, arid nature interpretation signs. _' ., � , . Page 2 _.. $ � SATELLITE REST ROOMS A"year round" building with both men's and women's rest rooms should be con- structed near the sou��heast property corner near converging foot trails for use necessitated by e:ctended "special project" hikes and field trips. A rustic building with dimensi��ns of approximately 12' x 24' with electric heating could be built for approxim;�tely $4,025.* The southea.st corner location would allow sanitary sewer and wa�ter connection to hlain Street. 100 feet of sewer and water pipe completely installed and connected would cost approximately $2,010. PARKING LOT Since the projected p:rogramming of the Nature Center would suggest intense use of the £acility, it i:> recommended that an asphalt or concrete parking lot be constructed with curb:ing, drainage, and markings to meet city codes for com- mercial lots. An aspllalt lot with curb and gutters and a capaci�y of 40 cars with SO feet of driveiaay would cost approximately $10,350 completed. A similar lot of concre�te would cost at least twice as much as the asphalt one. PERIMETER FENCING A perimeter fence is ;ilmost a necessity to control access and direct uses to ' improved trails, and �to protect sensitive or fragile vegetation. Greatest security would be obtained with a six foot high chain link fence with inter- mittant.sections 3 fe��t high to allow white-tailed deer to enter or leave the area. Such a fence w��uld cost between $5.50 and $11.50 per foot installed depending upon post, rail, and :Eabric specifications. Gates would add additional costs. iVith the average spec:� ($8.50/foot) it would cost $82,450 to fence North Park's 9,000 feet of ;?erimeter. A 42" chain link fence at $4:50/foot:instdlled would cost about $43,�550. . On the other hand, a�three rail split ceda'r fence would cost about $1.55/foot for materials or $2.�0��/foot insta]led. Mater.ials for the 9,700 feet �vould cost only $15,035. T;'1e fence could be installed for another $4,365 or with volunteered labor. T:ne split cedar.rail fence would require no anticipated maintenance for about 10 years (minor thereafter) and would offer a less forbidding appearance than the chain link fence. The rail fence would, how- ever, be more easily vandalized though repair and xeplacement costs would be minimal. It is expected that vandalism would be of minor proportions at the Nature Centex. � FOOT TRAILS � Approximately 15,000 feet of "foot trails" are presently in use at North Park. It is suggested that :most of the existing pathways be utilized and improved - since years of traffic (foot, horse, and motorcycle) have resulted in highly compacted soils excellent for trail base but almost impossible to revegatate. � Some new trail should be added, however, and some old phased out of use. Of the 15,000 feet of trail, about 10,000 feet should be improved with a surface of crushed limestone of 3/4" sieve size. This rock packs well and produces 'll � an extremely durable surface for foot traffic. To cover 10,000 feet of t�ail 4 feet wide and 2 inches deep, would require about 250 yards of rock, or about � II ' * All costs expressed in this report are those anticipated for July 1, 1976. 0 , ' Page 3 m S00 tons. At $2.90/ton, the total materials would cost about $1,438. Widening the trails and spreading and packing the rock would cost about $5,000. In addition, about S,OOO feet of trail should be surfaced with wood chips. Often branch chips are obtainable free of charge. If not available, uniform sized chips .are available for $5.75/ton. 5,000 feet of trail 4 feet wide and 4" thick would require 250 yards of chips, or about 50 tons totaling $288. Labor for cleaning the trail and spreading and packing the chips should cos�t about $.SO/foot resulting in a cost of $2,500 far installing the chip trails. At least five foot bridges will Ue needed for�the trail system at lowland or stream crossing. These bridges can be constructed from telephone poles and treated 2" lumber at a cost of $250 each. BOARDWALK 600 feet of boardwalk should be used so that foot �:.rails may cross lowland bog areas (extremely interesting for nature intexpretation). Another 100 feet of boardwalk (supported or floating) will be needed to reach two large wildlife observation blinds near the beaver pond. The material cost of the supported boardwalk 4 feet wide and constructed of treated 2" and 4" lumber and redwood will be approximately $6.00/foot. The total cost of materials for the 700 feet of boardwalk should be about $4,200. Cost of assembZy should be $1,050. OBSERVATION BLINDS • At least two sheltered wildlife observation blinds should be constructed at a total cost of $1,200. SIGNS At least one rustic styled sign (similar to those used by the Minnesota Depart- ment of Natural Resources) should be used to identify the Nature Center. Approximately 20 smaller signs (one every S00 feet) should be located along the fence to further identify the boundaries. ' Approximately SO nature interpretation signs should be Iocated along the trails. Aiaterials for the signs should cost about $300. It is difficult to estimate the time needed for research in order to define all the areas where signs are needed, but canstruction of the sma2ler signs themse�ves should cost about $12 a piece (routing, assembly, staining, and painting). The total labor cost resulting would be $600. � '�' �. , � � COST SUI�fARY 1. Satellite Rest Rooms a. Building $ 4,025 b. Se�rer and water line (materials � labor) � 2,010 2. Parking Lot (asphalt curb �, gutters) 10,350 3. Fencing ( 3 rail cedar incl. labor) 19,400 4. Foc>t trails (incl. labor) a. 10,000 ft. - crushed limestone 6,438 b. 5,000 ft. - wood chips 2,7gg c..Foot bridges (S @ 250) 1,250 S. Boardwalk (incl.�labor) 5,250 6. Observation Blinds 1,200 7. Signs 900 Total $ 53,611 ( City's share for LAWCON (250 of Total) _$ 13,402.75 ) Dan E. Huff June 30, 1975 � Page 4 . �. � 1 � �� _. s E �� s 1 � ,; 1 � ,. ``"'��t � � � '. � � � � o v . 3 � � C.% -� , '• r �� _4 � 3 ` �Yl N� Y ' � � � . ! - -.i � � � .n � - �. �'� � � � X � � � � ' r a-, ,� � � -- ..�' Y � � -� a� . � � � �� 4 � 1� � 4 IL �,/�, . , j N �a-1 p N i. � � � � � � � � �- � � l� � � � � `1 � !� .3 � � ti � . �c �� ,/ �^ � � � � �� , y j � �' "� � ili 1 � �� ° y � . � � �� :� . ��- 1 � � � � � �- . . � t ��-�' � � �-- .,,�..,, z . �1 . � �� 1 � � : � 1 � . . _ -�-�-. PLANNING COMMISSION MEETING CITY OF FRIDLEY JU�E 25, 1975 PAGE 1 CAL� TO ORDER: Chairman Harris called the meeting to order at 8:00 P.M. ROLL CALL: Members Present: Harris, Lindblad, Peterson, Drigans Members Absent: Meissner Others Present: Darrel Clark, Community Development Administrator James Langenfeld, ex-officio member APPROVE PLANNING COMMISSION MINUTES: JUNE �, 1975 MOTION b� Peterson, seconded by Lindblad, that the minutes of the Planning Commiss�on meetir,-, of June 4, 1975 be approved as written. Upon a voice vote, , a11 votinq a�e, the motion carried unanimously. , RECEIVE ENVIRONMENTAL QUALITY COMMISSION MINUTES: MAY 27, 1975. MOTION by Lindblad, seconded by Peterson, that the Planning Commission receive the Environmental Qvality Commission minutes for their meeting of May 27,'1975. Upon a voice vote, a11 voting aye, the motion carried unanimously. RECEIVE BOARD OF APPEALS SUBCOMMITTEE MINUTES: MAY 27, 1975 � MOTION b� Drigans, seconded by Lindblad, that the Planning Commission receive the minutes of the Board of Appeals Subcommittee meeting of May 27, 1975: Mr. Drigans said that on page 14 of the Planning Commission agenda, and page 2 of the Board of Appeals minutes, the 6oard had made a motian that the Council make a determina�ion if the "office-warehouse" under question constituted � a proper use of C-1S zoning. He hadn't heard any answer on this motion. He said that they wanted to know the difference between a warehouse and a storage facility. He said that the developer would be leasing office space, and this "storage" space would be available to any tenant who would need it. Mr. Drigans said that he felt that conceiveably the devel.oper could rent out office space to one tenant and'warehouse space to another tenant, which wouldn't be an ailowed use in C-1S zoning. � Mr. Clark said it may be hard to�keep jurisdiction over this, but it definitely , .would be permitted that if say a plumtnr rented office space, and he could use the storage space for his equ�pment, such as a truck and stock. There were a lot of trades that would be allowed in this zoning. He said it had been made quite clear ,� to the developer that he could only rent storage space to someone who had already rented office space. �,. �� Mr. Drigans said he thought this could be difficu1t to control as the developer could sell that building and a new owner may not follow this policy. Mr. Ctark said the code was quite clear in this area, and what the developer intends to do was an allowed use in this zoning. Mr. Drigans said he still thought this should be in an M-1 District rather than a C-2 District. Mr. Clark said then the code would have to be changed. He said that even if this was hard to administer, but he felt that if a tradesman was going to rent office s.pace, he would rather see ' � � �. ' .. . , ' Planninq Commission Meeting - June 25, 1975 pa9e 2 9 A ', �. ' � inside storage than have equipment stored in the yard someplace. Mr. Drigans said this was labeled as an office-warehouse combination and that was what the Soard of Appeals iook exception to. Mr. Clark said it should have� said office-storage combination, because this was what it was going to be. Mr. Lindblad said he didn't feel this would be any harder to control than any other type of building. We never have any absolute guarantee�that every bui�ding will be occupied exactly as the City Code allo�vs. Upon a voice vote, a11 voting aye, the motion carried unanimously. RECEIVE ENVIRONMENTAL QUALITY COMP�ISSIQN MINUTES: JUNE 10, 1975 ' MOTION by Peterson, seconded by Drigans, that the Planning Commission receive the minutes of the Environmental Quality Commission meeting of June 10, 1975. Upon a voice vote, a11 voting aye, the motion carried unanimously. • , - RECEIVE BOARD OF A�PEALS SUBCOMMITTEE MINUTES: JUNE 10, 1975 MOTION by Driqans, seconded by Lindblad, that the Planning Commission 'r'eceive ' the minutes of the Board of Appeals Subcomrnittee meeting of June 10, 1975. Upon a voice vote, a11 voting aye, the motion carried unanimously. . 1. . PUQLIC HEARING: REQUEST FOR A SPECIAL USE PERMIT, SP #75-06, BY C. E. GILBERT: To allow the operation of an outdoor flea market, per rridley City Code, Section 205.151, 3, N, to be located on Lot 1, 2, 3, 4 and 5, Auditor's Subdivision No. 153, the same being 52a7-5289 Central Avenue N.E. (Skywood Mall) Mr. Gilbert was not present. MOT�ON by Lindblad, seconded by Lindblad; that the Planning Commission open the Public Hearing on the request for a Special Use Permit, SP #75-06, by C. E. Gilbert. Upon a voice vote, a�1 voting aye, Chairman Harris declared the Public Hearing open at 8:12 P.M. • . . Mr. Clark said that to clarify the location he pointed out where Twin City Federal, Ground Round, Menards and the Speedy Car Wash were located which were all in the vicinity of Skywaod Ma11 on Central Avenue. He said it was his understand- ing that.the flea market would be located somewhere South of the building known as the Skywood Shopping Center and North of the Speedy Car Wash operation, in an open area that was not blacktopped. Mr. Clark said that if the City were to allow this type of operation out in the open,; it should be very, very careful and scrutinize the aperation to make s�ure it would not cause traffic problems, and that the litter was picked up. He thought it would be hard to administer, and it would be difficult to see that the area was always cleaned up. He said he thought it was a Council decision on whether they wanted to have this type of operation in the City of Fridley. Mr. Clark said that even if this use was allowed, they would want to delay it until the City had gotten an agreement from Mr. Mortenson on the beautification program the City was starting, because there were problems in this area that have to be sorted out with the property owner. They would like better maintenanceand there were some.erosion problems in the area and the blacktopped area needed some work. ' ' ' ' . � Planning Commission Meeting - June 25 1975 Page 3 9� Mr. Drigans said that before he was ready to make any decision on this, he would like the petitioner to be present, and as long as he wasn't here, he was prepared to make a motion to continue this request. Mr. Harris said they had some business to �ake care of before this motion could be made. Mr. Gordon Bluhm, 1160 Regis Trail, said he was a resident of Fridley, and also Assistant Secretary for the Twin City Federal branch in Fridley, located at 5205 Central Avenue, although he did work in the downtown office. He said Mr. Don Borrel was also in attendence, and he was Assistant Vice President of this Fridley branch also. Mr. Bluhm said it was their opinion that this operation would be detrimental , to the'Twin City Federal properiy. He sai�d he knew this was a prejudicial viewpoint, � based on other flea market operations in other communities. � � .' Mr. Bluhm said he had stopped on his way home on the day of this meeting and had taken pictures of the area in question, to show how it looked at the present time. He said he would not want to see this property deteriorate any furth�r.. Mr. Harris asked if this operat�on .had been inside the Skywood $hopping Center before this request was made._ Mr. Clark said it was his understanding that it had been, on a weekly basis. He said Mr. Gilbert wanted to move this outside so the flea market could be larger. Mr. Bluhm presented a letter from Twin City Federal Savings and Loan Association. UPON A MOTION by Drigan�, seconded b� Lindblad, that the Planning Commission rece�ve the Zetter from Twin City Federal Savings and Loan Association, dated June 25, 1975, from Mr. B1uhm, and a voice vote, a11 voting a�e, Chairman Harris summarized the Ietter for the audience. . �r. Narris said the letter was written to let ihe Planning Commission know they were not in favor of this request for a flea market in this area of Fridley. The letter states the reasons for this objection. , - . . , Mr. Lindblad asked if other merchants who operate businesses in the Skywood Shopping Center were notified of thls request? Mr. Clark said that only property owners were notified, but Sheldon Mortensan had signed the request, and it would be up�to him to determine if his other tenants would agree to an open f.iea market in this area. � . . Mr. Bluhm said he had been to outside flea markets in the Los Angeles area, located in industrial neighborhoods. He said they are really an attraction. He said that in the Minneapolis Sunday paper, it was mentioned that the indoor flea market at Apache Plaza draws between 25,000 to 35,000 cars on the•week-end. He said he couldn't see any problem with an indoor flea market, but an outdoor flea market would be something else. Ne didn't think this would benefit Fridley at all, and he would strongly urge the Planning Commission to deny this request. Mr. Langenfeld said he appreciated Mr. Bluhm's statements, but he thought the petitioner had every right to state his case also. Ne said that even though we do not know the exact details, he was sure that the Planning Commission would run into some of the problems that were specifically mentioned that had to be considered in granting a Special Use Permit, and they were traffic problems, noise, light glare at �night, and probably indiscriminate adve�rtising. : Planning Commission Meeting - June 25 1975 Page_ 4 g C Chairman Harris said that as no one had any other comments to make on this request, it would be in order to close �he Public Hearing, and determine if they were for or against this request, or to table the item. MOTION by Drigans, seconded by Peterson, that the Planning Commission continue the Public Hearing on the request for a special use permit, SP �75-06, by C. E. Gilbert, until Ju1y 9, 1975. Upon a ro11 ca11 vote, Drigans and Peterson voting a�e, and Lindblad and Harris voting nay, the h10TION FAILED. Mr. Drigans said that perhaps the petitioner didn't realize that he should appear for this meeting. Mr. Clark said he had been sent an.agenda for this meeting. MOTION BY LINDBLAD, that the Planning Commission close the Public Hearing on the request for a special use permit, SP �75-06, by C. E. Gilbert. THE MOTION DIED for lack of a second. Mr. Peterson said that Mr. Gilbert did pay the fee for a Special Use Per�it and as we do not know the reason he was not in attendence at this meeting, �it would be common courtesy to continue this request until the wishes of the petitior:��r were known. ' � �OTION b� Driqans, seconded by Petersan, asking fr�r reconsideration of t1:e motion to continue the Public Hearing until Ju1y 9, Z975. The vote remained the same, so the MOTION FAILED. Mr. Lindblad said he knew it was the polic y to continue any request where the petitioner did not appear, but he felt this was creating a hardship for the interested parties who did attend the meeting to ask them_to come to another meeting of the Planning Commission. Mr. Clark said he would excuse himself and try to contact the petitioner to ' see why he was not here, When he returned to the meeting, he said the petitioner had forgotten the meeting, but he was on his way to the meeting now. ,. �� ' MOTION BY Peterson, secanded b� Lindblad, that the Planning Commission table the request for a Special Use Permit, SP #75-06, b� C. E. Gilbert, until the petitioner . appeared at the meetinq. Upon a voice vote,�.a11 voting aye, the motion carried unani- . � mousl�. - ' .� '' 2. CONSIDERATION OF A VACATION REQUEST: SAV #75-04, BY LEQNARD BENSON: Vacate the 12 foot alley in Block 4, Spring Brook Park Addition, located between Ashton Avenue and the railroad tracks, so the existing gardens and fences would not have to be.removed from this alley. Mr. Leonard Benson was present. Mr. Drigans asked Mr. Benson what type of fence was in the alley easement. Mr. Benson said he had a chain link fence, and he a�so had a garden. Mr. Benson said there was another fence that was kitty-corner from his fence that extended into the alley also. He said one other neighbor had had a fence in the alley ease- ment, but he has already moved his fence back. . Mr. fence was the fence vacated. Drigans asked Mr. Benson if he had a survey of his property at the time the put in. Mr. Benson said that he did. Mr. Drigans asked him why he put in the alley then. Mr. Benson said he thought.the alley had already been 1 _ PaeS 9D �lanning Commission Meeting June 25, 1975 '' , ' Mr. Langenfeld asked Mr. Benson if he had received any complaints on this fence from the neighbors? Mr. Benson said he had no�. Mr. Benson said he had a petition from the neighbors who were in favor of this request. MOTION by Peterson, seconded by Lindblad, that the Planning Commission receive the petition in favor of vacation request, SAV #75-05, by Leonard Benson, (Petition 15=1975) which was siqned by eight property owners in Block 4, Spring Brook Park Addition. Upon a voice vote, aZ1 voting aye, the motion carried unanimously. Mr., Harris said there was a petition in their agenda that was against the vacating of this alley. MOTION by Peterson, seconded by Lindblad, that the PZanning Commission receive the petition against the vacation request, SAV �75-05, by Leonard Benson, (�'eti�ion 16-1975) which was signed by seven property owners in B1ock 4, Spring Brook_Park Addition. Upon a voice vote, all voting aye,, the motion•carried unanimously. �' Mr. Benson said that if this alley was.n't vacated, we could have traffic on this alley and snov�mobiles could use it also. He said they have had a problem of small thievery in the neighborhood, and if this area was open, he thought this sort of thing would be encouraged. This was why he wanted this area fenced, and , keep the traffic on the streei. He said ihat all the garages face the street so . no one needed the alley to get into their garage. '�, Mrs. Cyril Paulson, 131 79th Way N.E., said that they couldn't get into their back yard if this alley was vacated without taking their front yard fence down. She said there were other people on Longfellow that couidn't get their recreational ' vehicles into their back yard without this alley, because there wasn't enough room between the houses, and these vehicles can't be��left on the street. � � Mr. Stephen Pogreba, 190 Longfellow Street, and Mr. �ames Roberts, 121 79th ' Way N.E. said they had signed both petitions. They had signed the petition against the alley vacation first, and then had changed their minds, and were both in favor of the alley vacation now. Chairman Harris asked them if they wanted their names ' remaved from the petition against the vacation and they said they did. That left . five names of property owners on the petition No. 16-1675 against the vacation. �_J .' Mr. Clark said that if this alley was vacated, the City would have to retain a utility and drainage easement on the 12 feet. . Mrs. Judy Welch, 144 Longfellow Street N.E., said she had circulated the petition against the alley vacation (petition 16-1975), but it was not their intention to ever ask that this alley be improved. She said they wanted it left as it was,.just grass and an open area. She said that they owned a recreational vehicle and they would not be able to get this into the back yard if the alley ��as vacated, and this vehicle couldn't be parked in the street either. . � Mr. Benson said he had talked to neighbors in Block 4, and two people who have recreational vehicles could get to their property in the rear yard even if the alley was vacated. There would only be one who had signed thepetition against the yacation who would not be able to get their recreational vehicle into the back yard if tine alley was vacated, wl�o wouldn't have an alternate access to his rear yard. � Mr. Langenfeld said that Mr.�Qenson had�stated that he had received no complaints June 25, 1975 Page 6 9 E Plannin� Commission Meeting - — - from the neighbors on his fence, but tonight we are hearing some. How did this come to the attention of the City? Was it a complaint? , Mr. Clark said they do not have the staff to go out an check infr�i�ngements.into alley easements, and only do so when there was a complaint. He said the Engineering Department had received the complaint, so he was not involved in it. � Chairman Harris said the Planning CommnssennAvenueeNortha Ch�c go e whonstated request. One was from Richard Rush, 3619 Ja that he was in opposition to the vacation request, and he owns Lots 11 and 12, alock 4,'Spring 6rook Park, and a letter from Mr. & Mrs. Eugene Pett, 176 Longfellow Street, who state that they have signed the pe�tition against the vacation, but were unable to attend this meeting and they need the alley easement so they can get a 21 foot recreational vehicle into their back yard. MOTION BI' Drigans, seconded by Peterson, that the Planning Commission receive the Ietters from Richard Rush and Mr. & Mrs. Eugene Pett in opposition to the vacation r�quest, SAV #75-04, by Leonard Bensnn. Upon a voice vote, a11 voting aye, the motion carried unanimously. . Mr. Drigans said this_would make 6 p.roperty owners in oppos3:tion to the vacation request and 8 in favor o� the r.equest..�There were_17.proper.ty owners in ttie block. Mr. Benson said that if this alley easemeasswin thedeasementeational vehicles and.pick-up campers, it would cut up all the gr ' Mr. Langenfeld asked Mr. Clark that if the alley went in, wouldn't the adjacent property owners have to pay for that. Mr. Clark said they would. Mr. Peterson asked Mr. Clark if there were any restrictions on this alley which was neither vacated nor improved. Ne said that it seemed everyone in this alley had sodded this area, and could �omeone come in there with a heavy vehicTe and tear it all�up, and just leave it in that conditian? He asked if there were no.regulations governing this? It would seem to him that in this particular instance, the people in this area want to.have their cake and eat it too. He said that if he were a property owner in this area, and someone drove on this unimproved alley that he had sodded, and tore it all up, he wouldn t appreciate it. He said the use that �people want to make of this alley almost der�ands an improved alley. Mr.. Clark said that the City doesn't maintain unimproved alleys, and if it was being maintained, it was by indiVidual property owners. He said that if someone tore up this portion of maintained alley easement so the property owner couldn't cut it, he didn't know what would happen; as we have had not had a situation like this b e f o r. e. H e s a i d t� h a t a p p a r e n t l y t h e a l l e y has been used this way, and he didn't know if this had caused a problem or not. i�1r. Roberts, 121 79th• Way, said he ha d lived their three years and he had never seen any traffic on this alley. He said that Northern States Power Company doesn't even drive on this alley easement. They � work from the street. - . - ` Mrs. Paulson said that Northern States Power Company had used this alley about 15 years ago, but that was when there was very little development in this area. � Mr. Clark,said they usually didn't have such a division on whether an alley should be vacated or not. He said that about 15 years ago, in Ply�nouth Addition, there was division, and the Council vacated half of_the alley, and left the other . � , . . � . .. . ; — . . . . �.�„�r _, Planning Commission Meetinq - June 25, 1975 Page 7 9F half open, but there were people using the alley for access to their garages, in this particular instance. ' � Mr. Langenfeld asked Mr: Benson if he knew he was violating the City Code when.he extended this fence in�o the alley easement. Mr. Qenson said .he thought the alley had already been vacated because alleys in the blocks around them were vacated. Mr. Drigans asked Mr. Qenson if he installed this fence himself. Mr. Benson • said that he had. Mr. Langenfeld asked if anyone in the audience had changed their opinion during the discussion. There was no response. Mr. Drigans said there was enough opposition to vacating this alley so that he didn't feel they could recommend approval of this request. He said it would take time to reconstruct the fences, so he thaught the people with fences and gardens in this easement should be given a time period to comply to the Code. Mr. Drigans asE;ed how many gardens were involved. Mr. Benson said that there were two. Mr. Drigans said he thought m��st of the gardens should just about be through by September 15th. Chairman asked Bor Schroer who was in the audience, if this was correct. Mr. Schroer said everything should be done by October lst,�anyway, in the gardens. �Mrs. Paulson, 131 79th Way N.E., said that Mr. Benson had one of the most beautiful gardens she had every seen, and although she vras against the alley being vacated, she said it would be a shame to make him tear out this garden until after the•growing season. Mr. Drigans asked Mr. Benson what kind of garden he had. Mr. Benson indicated that it was a large vegetable garden and he had intended using the fence to grow cucumbers on. Mrs. Paulson said she was sure that every neighbor would feel that Mr. Benson should be allowed to let his garden grow until the end of the season. . � . MOTION by Drigans, seconded b� Peterson, that the Planning Commission recornmend ' to�Council denial of the vacation request, SAV #75=04, by Leonard Benson, to vacate the 12 foot a11ey in Block 4, Spring Brook Park Addition, Zocated between Ashton Avenue and the railroad tracks, because of the opposition of six adjacent property � ' owners, but that the property o�ners who have fences and gardens in this a11e� easement be given until September I5, 1975 to relocated their fences and remove the gardens. �Upon a voice vote, a11 voting aye, the motion carried unanimously. �! Mr. C. E. Gilbert arrived at the meeting. 0 MOTION by Drigans, seconded by Lindblad, that the request for a Special Use ' Permit, Sp #75-06, by C. E. Gilbert be:removed from the table. Upon a voice vote, aI1 voting aye, Chairman Harris remove�ai it from the table at 9:20 P.M. ' ' 1 �. � Chairman Harri�s explained to the petitioner that this item had been tabled to give him a chance to be heard. �� Mr. Gilbert said he had been holding an indoor flea market for three years. He said this usally closed up by the end o�f May. He said it was the policy of a flea market to set up outside, in the summer time, so he approached Mr. Mortenson with this request, and Mr. Mortenson said he had no objection. . , Mr. Langenfeld asked Mr. Gilbert is he would explain the nature of a flea market. Mr. Gilbert said that the people who set up booths or tables are called dealer,s. They pay a$3.00 fee to set up in the market. They sell antiques, items from estate ' • , _. . ' Planning Commission Meeting - June 25, 1975 Page 8 _ g� � sales and garage sales, or items they have bought wholesale. After the sale they t pack up and clean up. He said they usual�y opened up at 7:30 A.M. and closed at 4:00 P.M. � ' Mr. Drigans asked if they needed a license to sell in a flea market? Mr. Gilbert said they just needed it for sales tax. Mr. Drigans how many dealers were at these sales. Mr. Gilbert said they usually had 52 dealers inside, but outside they would have 60 or more dealers. Mr. Drigans asked about the turnover of dealers. Mr. Gilbert said some of them were regulars and some only came once, of just a few times. Mr: Drigans asked how Mr. Mortenson made a profit on this. Mr. Gilbert said � he got a percentage of the fee charged each dealer. Mr. Drigans said it wasn't a . percentage of the sales then. Mr. Gilbert said no. Mr. Clark asked how often the flea market would be open. Mr. Gilbert said it would be once a week, on Saturday. . Mr. Langenfeld asked how they advertized the flea market. Mr. Gilbert said �i they used flyers, the Minneapolis papers.and the Sun. He said that after business was built up, they usually didn`t have to advertise. � � � ' � Mr. Drigans said that as this was a commercial business he wondered if there were adequate facilities. Mr. Gilbert said they had a key to the Mall so they could use the restroom facilities there. Mr. Clark said that OSHA requirements say the facili�y has to be within Z00 feet, so he thought.this would be adequate. � Mr. Bluhm said he thought Mr. Gilbert was a very reputable man and an honest man. What he has described would be like a giant garage sale. He wondered if the property owner of the Skywood Shopping Center had the right to rent to a tenant that could adversely affect other tenants in the area. Mr. Clark said that Mr. Mortenson, �he owner of this property, had signed the request, and he would have thought that h� would liave considered his other tenants before he agreed to this use. He said that he agreed that the tenants have a vested interest in this. Mr. Lindblad said that was why he felt that all the tenants should have been notified. Mr. Bluhm said that only the owners of property were notified, and�that Menards and Lee Wards were not notified. Mr. Clark said he didn'.t know who Mr. Mortenson had discussed this with, but he thought-he should have discussed it with the other tenants, if he didn't. � � Mr. Bluhm said he felt that Menard's had greatly improved this area, and also �� the Ground Round had done extensive remodeling. He said that he has watched the Skywaod Mall area very closely because of the location of the Twin City Federal 'branch in this area. He said he was very sorry that Mr. Mortenson wasn't at this � meeting, because he would tell him to his face that the Skywood Mall lacks a lot as far as maintenance. It should be improved, and kept improved. He said the reason he had taken the pictures on the way to this meeting was to show the weeds.that are � allowed to grow on this property. He said he just couldn't see this type of owner getting further priviledges of freedom, especially as there was a zoning ordinance that precludes it. .� Mr. Lindblad said that the condition of Skywood Mall has always been a problem, � � . � : ^ • � � � 1' � � Planning Corrmission Meeting - June 25, 1975 pa4e 9 9 N and Mr. Mortenson had always skirted fixing and maintaining this area. -He said he didn't think this area benefited Fridley at the present time because nothing had been kept up, and all Fridley got were broken promises. Mr. Bluhm said there was a protective covenant that had been drawn up for the property that was occupied�by Twin City Federal, and he thought th�is flea market operation would be in_violation of the covenant, and turn-about should be fa7r play. Mr. Borrell said that Twin City Federal had spent a lot of money on their property trying to upgrade the property, and if this operation was allowed in this are a, it would have all been for nothing. He said that Twin City Federal was open from 9 to 12 on Saturday morning, and this operation would really be detrimental to their business. , Mr. Drigans said that�if the recommendation was to deny the outdoor flea market, this wouldn't stop the indoor flea market as this was not objectionable. MOTION BY Drigans, seconded by Peterson, that the Planning Commission close � the Public Flearing on%.the request for a Special Use Permit, SP #75-06, by C. E. Gilbert. Upon a voice vote, a11 voting aye, the motion carried unanimousZy. , � MOTION by Lir�dblad, seconded by Drigans, that the Planning Commission recoinmend to the City Council denial of the request for a Special' Use Permit, SP #75-06, by �. E. Gilbert, to a11ow the operation af an outdoor flea market, per Fridley City Code, Section 205.101, 3, N, to be Iocated on Lots 1, 2, 3, 4 and 5, Auditor's Subdivision No. Z53, the same being 1507-5289 Central Avenue N.E. (Sk�wood Ma11). � . t�r. Origans said his feelings on this request were that an indoor flea market was fine, but that an outdoor. flea market would be difficult to control, especially � as far as traffic and crowd problems. He said he t houg h t t here were be t t e r s i t e s • in Fridley for this type of operation. There was a minature golf course:in this � area, and we just don't know what type of environment we would be creating if we �allowed this operation at this location. . � ' � UPON A VOICE VOTE, a11 voting aye, the'motion carried unanimously. 3. CONSIDERATION OF' A VACATION REQUEST: SAV #75-05, B4' RICNARD KOK: To reduce the � � drainage ana utility easement from 6 feet to 0 feet on the South side of lot 6, Block 1, Clark's Addition, the same being 6517 McKinley Street N.E. Mr. Kok was not present. Mr._Clark said the previous owner of this property built a detaGhed garage in 1961 before we required a verification survey, and he encroached about three feet into the easement. There was never any trouble with this because there aren't any utilities in this. easement. ' �� Mr. Clark said that he advised the petitioner than in ordew to make his property more saleable, he should get this problem settled by having the ericroachment allowed �or vacating the easement. He said there was a siz foot easement on this property and ' a 6 foot easement on the lot South of this property. A field inspection verified that there were no utilities on this easement, and the utility companies have been notified. As yet there has been no response from them, either pro or con. � �� Mr. Clark said that because the petitioner wasn't present and we haven't had any.response from the utility companies, he thought this item should be continued. .He said the petitioner has waited 13 years, and he didn't think another month would affect this one way or the other. .- , � � � � - - • Plannin Commission Meetin - June 25, 1975 Pa e l0 9 I i MOTION by Peterson, seconded by Lindblad, that the Planning Commission continue I until Ju1y 23, 1975, the vacation request, SAV �i75-05, by Richard Kok, to reduce the drainage and utility easemen� from 6 feet to 0 feet on the South side of Lot 6, Block 1, C1ark's Addition, the same being 6417 McKinley Street N.E. Upon a voice vote, a11 voting aye, the motion carried unanimously. • , , 1. 4. CONSIDERATION OF A VACATION REQUEST, SAV �75-06, by MICHAEL MCFARLAND: . Vacate the 12 foot undeveloped alley in Block 15, Fr�dley Park Add�t�on, to allow the petitioner to erect a fence that would include the ailey, the ' I same being 98 64th Way N.E. � . � � Mr. Michael McFarland was present. Mr. McFarland said that this was an undeveloped alley that was heavily wooded. It was just a collector of dead leaves and was very unsightly. He said it had been used as a depository ror junk, and it was completely impassable. He said he was new to the area, and he wanted to clarify his lot lines, and as he lived on the corner of East River Road, he wo�t'd like the privacy of a fence, and it would keep people from cuttinq through his y�'.rct. If the Planning Commission wasn't agreeable to �;he entire alley being vacated, he would still like the alley adjacent to his property vacated. . �. Nrs. Jerry Lowe 39 63 ll2 way N.E. said they were in favor of this vacation request. . � Mr. Harris asked about the peop]e who were across the alley from Mr. McFarland's . property. . . � Mr. Langenfeld said he lived across the alley, and he wanted the alley vacated ..also. He said this alley �•fas used as a junk yard, and he wanted to eliminate that � problem. He said most of the people in this block have maintained the property that .� � 4ras alley easement. He said no one had a fence in the alley, but people would like to fence the alley easement, if it was vacated. l� � ' ' Mildred King,�71 63 1/2 Way N,E., said she was in favor of the vac�tiQn:�request. Mr. Lavern Darnbusch, 40 64th Way N.E. said he was favor af the vacation request also. � � Mr. Clark said that if the Planning Commission was going to recommend approval of this request, they should stipulate that a drainage and utility easement be reiained in the vacated alley. He said the petitioner and Mr. Langenfeld were right when they said this alley easement had been a catch-a11. He said it �vould be impossible for the City to ev�r improve this alley, because they couldn't cut down the trees. � MOTION BY Peterson, secanded by Drigans, that the Planning Commission recommend to Council appxoval of the vacation request, SAV #75-06, by Michael rlcFarland, to vacate the 12 foot undeveloped a11ey in Block 15, Fridley Park Addition, to a11ow the petitioner to erect a fence tha� would include the a11ey, the same being 98 64th Way N.E. with the stipulation that a drainage and utility easement he retained in the vacated 12 foot a11ey. Upon a voice vote, a11 voting aye, the motion carried unanimously. . ' . � .� Plannin Commission Meetin - Ju�e 25, 1975 Pa e ll g, ' g � � Mr. Harris said he would like all the property owners in the black notified of this request. Mr. Clark said they had been, and would be notified again for the � Public Hearing before Council. � . �. .� 5. LOT SPLIT REQUEST, L.S. ;l75-02, QY RICHARD JANKE: To allow Lot 11, Qlock 1 Rice Creek Plaza South Addition to be split into Parcels A& B, because of the error in fence location on Lot 10, the same being 191 and 201 Rice Creek Terrace N.E. : Mr. Richard Janke and Mr. Virgil Mullins were present. � Mr. Janke said his mother ovrned the property at 201 Rice Creek Terrace N.E. and when they built a patio and retaining wall, along with the fence, there vras an error made as to the actual property line. He said that rather than most the fence ' and other improvements to this property, the owner of Lot 11, Mr. Virgil Mullins, 191 Rice Creek Terrace N.E., has agreed to sell the property to his mother. Mr. Clark said that Mr. Mullines was pre�ent also, and he had also signed , the request, and i+ both parties were in agreement, the City saw no problem with , this request. _ 1 � � � '. � Mr. Mullins said he was in agreement with this request. Mr. Harris asked if both lots would still meet the setback and lot requirements of the City code. Mr. Clark said they would - MOTI`ON by Peterson, seconded by Lindblad, that the Planning Commission recomment to Council approval of the request for a Lot Sp1it, L.S. #75-02, by Richard Janke, to a11ow Lot 11, Block 1, Rice Creek P1aza South Addition, to be split into Parcels A 'and B, because of.an error in fence location, the same being I91 and 201 Rice Creek � Te�race N.E. Upon a voice vote, a11 votinq aye, the motion carried unanimously. 6. LOT SPLIT REQUEST, L.S. u75-03, BY ARTHUR SEGER: Sp1it Lat 1, Block 2, Spring Lake Park Lakeside Addition, to create another building site, the same being . � 7650 Lakeside Road N.E. . �, Mr. Arthur Seger was not present. ' Mr. Harris said it looked like the lots would be quite large. � Mr. Clark�said they would be. He said the present lot has enough area and street frontage to make two building sites. � Mr. Clark said there really should be a survey made of the property as soon as possible. There was some question as to the rear yard requirement for the existing house. According to the rough drawing, the house would be 26 fee� from the new side lot line of the property being split off, and the rear yard requirements was 25% of the lot depth, which would make this 30 feet. He said that this would create no problem because of the size of the property. The lot size of the property being split off could be reduced to 90 feet and would still meet the lot area requirements. Mr. Narris said that it could be reduced just by the 4 feet, and the lot would be 100' x 100'. Mr. Clark said the property South of these lots belonged to School District #13. � Mr. Harris asked if there would be any easements necessary on this parcel: Mr. Clark said he was sure that there would be. 1 . • . � N�►1 � Planning Commission Meeting June 25, 1975 Page 12 Mr. Narris said he would like to see this property surveyed and all the utility �� easements see before this went to Council. Mr. Clark said they have not always done it tfiat way, but that was no reason it couldn't be done. They could stipulate that this ali be done before it went on the Council agenda. � MOTION by Peterson, seconded by Lindblad, that the Planning Comm�ssion recommend that the petitioner have Lot 1, Block 2, Spring Lake Park Lakeside Addition surve�ed and a11 utility easements worked out with Northern States Power Company, Northwestern Bell Telephone Company, Minnegasco, Cab1e Television and the City Engineering Department before this appears on the Council agenda, and that both lots meet the setback and area requirements of the City Code, and at that time the Planning Commission would recommend to Council approval of the request for a Lot Sp1it, L.S. #75=03, by I�rthur Seger, to split Lot 1, Block 2, Spr.ing Lake Park Lakeside Addition, to create another building site, the same being 7650 Lakeside Road N.E. Upon a voice vote, a11 voting aye, the motion carried unanimously. Mr. Harris said he would like a copy of the completed lot split to bF ' included in the P1-�.nning Commission agenda. Mr. Clark said he would see ti�at this was done. . . 7. LOT SPLIT REQUEST, L.S. #75-04, BY ROBERT SCHROER: Split off the North 126.1 feet of the East 200 feet of Lot 3, Block 2, and the South 173.99 feet of the East 200 feet of Lot 2, Block 2, East Ranch Estates 2nd Addition, to create a building site, the same being 7810 University Avenue N:E. Mr. Robert Schroer was present. Mr. Glark presented a drawing that had been submitted by Mr. Schroer in 1972, and said that on the basis of this drawing, we have previously granted lot splits for both Capp Homes and the Town Crier. The third parcel, which,v�ras this request, was for the Datsun Dealership.. It does not disrupt the pattern thay may .become evident at some future date, but it does cut off thestreet access to the Western portion of Lot 3, East Ranch Estates 2nd Addition. He said Lots 2 and 4 were L shaped lot splits, so they still.have access. He said he had talked to Dave Harris, who has an interest'in this also, and he told Mr. Narris that the staff would probably recommend approval of the lot split, but we definitely ��rould want an easement to the rear portion of tot 3 for street access. Mr. Narris indicated to Mr. Clark that he would be willing to grant this easement at this time, and that the City should drawn up the agreement, and he would sign it. Mr. Clark said that this would satisfy the access to tiot 3. � • Mr. Clark.said that both parcels�meet the zoning requirements for C-2 Zoning. Mr. Clark said that.he �vas not saying that the road would go in as it was shown on the dra�vning, but we do have to protect street access for Lot 3, and insi:st on a right of way. ' . MOTION by Drigans, seconded by Lindblad, that the Planning Commission recommend � to Council approval of the request for'a Lot Sp1it, L.S. #75-04, by Robert Schroer, to split off the North 126.1 feet of the East 200 feet of Lot 3, B1ock 2, and the South 173.99 feet of the East 200 feet of Lot 2, Block 2, East Ranch Estates 2nd Additian, � to create a building site, the same being 7810 University Avenue N.E.; with the stipulation than an agreement be signed to provide an easement for street right of way�on the West 30 feet of the Easterly 230 feet of Lots 3 and 4, together with the " �. Southerly 33 feet of the East 200 feet of Lot 4, 81ock 2, East Ranch Estates 2nd Addition. Upon a voice vote, a11 voting aye, the motion.carried unanimously. ' . . ' • . ' . Planninq Conlmission Meetinq - June 25, 1975 �age is 8. QUILDING PERMITS -- Paco, Inc. � Industrial Building - 7847 Elm Street N.E. -Staff Report -Attachment A Mr. Clark explained that with the reorganization of the Planning Commission this item will always appear on the agenda, with an administrative staff report, but after this, it will always be the first item on the agenda. Mr. Clark said that all building permits will be reviewed by the Planning Commission and the City Council. We feel that no action is necessary by either body unless they wish to make some comment about them. He said an administrative staff report would be submitted with all building permits, and they 4�ere working on a form that would be a check list to see how such conS�ruction would affect the environment, for example, whether it affects it adversely.or betters it. 9L Mr. Clark said that this particular building, in this block, will complete the construction along Elrn Street between 77th and 78th. This addition, along with ano�her structure, meets all the zoning requirements as far as setbacks and parking ratios and the use of the property. The architectural design was similar t^ the balance of the buildings in this area. The middle building front will be spiit'biock masonry. The other one will be brick, the same as the next building South, up to two or three courses of the top, and then it'wi17 be split face rock, for the balance. It was very similar in nature to the rest of the structures in the block. . The staff feeis that this was a good addition to the area, and�it meets all the codes and does not affect the environment adversely. Mr. Clark said there was a set of plans, if the Planning Commission wanted to look at them. He said there were 80 feet between this structure and the next one South, and Mr. Pashke ��ras discussing with the owner of-the other structure, the possibility of putting in the parking lot now, rather than sodding it and having to tear up the sod later for the parking lot. This �vas a parking lot that they have been planning for, for some time. It doesn't have to happen, because the parking meets the code requirements, and there apparently were no parking problems, but we do have an open building which may need more parking, depending upon the occupancy. Mr. Lindblad asked to see ihe over-all plan of the Onaway area. Mr. Drigans asked Mr. Paschke when he was coming in for variance. Mr. Pashke � said this building did not require any varianee. Mr. Drigans commended Paco, Inc., for coming up with a plan that didn`t require a variance. � Mr. Clark said there would have been a variance, but with both buildings being ' built at the same time, under one ownership, and with the firewal�, it meets the .�zoning requirements for a 0 lot line. � � � . , Mr. Clark said the Planning Commission did not have to make�a recommendation unless they felt that this did not meet the policies, which you haven't established yet, then that would be what you would comment upon. Mr. Lindblad asked if all building permits for commercial and industrial construction will come to the Planning Commission now. Mr. Clark said they would, and the staff report will state if there are any problems or not. If ihere are problems, the Planning Commission will direct the application for a building permit to the proper Coirnnissison. If it was a variance, that would go to the Appeals Commission right away, before it comes to the Planning Commission. He said this � � � Planning Commission Meeting - June 25, 1975 Page 14 procedure was sort of in limbo now, until, the Planning Commission sets up its policies, and goals and objectives. � Chairman Harris asked the other members of the Planning Commission if it was the conce.nsus of opinion that they.agreed with the staff recommendation. The other members stated their agreement. � STATEMENT OF APPRECI�TION: Chairman Harris said that the reorganization of the Planning Commission would result in new members on the Planniny Commission, and he wanted to thank the present members for their cooperation and indulgence. ADJOURNMEN7: . MOTION by Peterson, seconded by Lindblad, that the meet�ng be adjourned. Upon a voice vote, a11 voting a�e, Chairman Harris declared the Planning Commision meet�ng ot June 25, 1974 adjou�ned at 10:35 P.M. Respectfully submitted, � � <i�� Darothy LEven on-Secretary u u 0 0 a � � ADMINISTRATIVE STAFF R�PORT 7791-7747 �lm Street by: PACO MASONRY Attachment A �� GENERAL DESCRIPTION . This is a special warehouse building to be built at 7791 and 7747 Elm Street. A portion of the building will be an extension of the occupancy at 7791 Elm and 7747 Elm will be set up for a new occugancy. This building is an allowed use in this district (M-2) and meets all code requirements. The building will be set back on the South 20' in order to allow for a joint parking facility for 7747 and 7739 Elm Street. This facilit� will be set back 35' from Elm Street with no entrance on to Elm. This area between Elm and the parking lot will be.bermed and planted. The building will be constructed af a combination split face block and brick to match the existing building design in the area. The back alley will be used for general access to the parking and truck loading facility. ENGINEERING We don't foresee any engineering probZems with grading or drainage. The parking lot will drain to the alley which in turn drains south and is picked up by Storm Sewers �n � city streets. ENVIRONMENTAL . � . , We don't foresee any negative environmental impacts on the area with the construction of this buildinq. 0 �� P� �'� � ` � � � CITY OF FRIDLEY � PETITIUN COVER SHEET ' � Peticion No. 15-1975 ^ � ])ate Received July 1 , 1975 . � � nbject Property owners are in favor of vacating the 12 foot alley in_ I Block 4, Spring Brook Park Addition (SAV #75-Q4) % ' ' � Petition Checked By Date ' � � ' Percent Signing �"�"y � �7 ,��-� -.-��,/ < � F;eferred to City Cou��cil I)isposition r � �� . � � . �� . i . . . � � ... . . - �t� � �� - 7� �� ' . , .D, ,.. ,. .�- � � � �c .c��`��z�.t�z��..� �,r�� _c%-�.. �a�r�� t� . � . l' G-� ...�.�Q,�.,��rL , ,��t, /..� � G�-,�-� � ° . ,��-c,l= � -� � ,�-�-� .��/� � , �2� . �/ � Q �.�+jL� ../�'� � L(„G`G.��L-G2,�/ v�1 V 1� / tJ r l'/ � � � ' �� . . . � � , . •; � 1 ��Y , �� y �2�" �� .�� ! ��..� ��- �,,, �., �-- �� cc�� . , , , . . ��``ja . � C�'(/ •�./�i�(�+c✓ • . • _ ;p •.� � � � �. �0 0 G��-�� G� ��-�� . I � �� - � . ''� � ��Q/ . ,� ~s�� ...�._-- .� . , � (� , L 78�-�53-G � � � � �.� �.� � ,�p �.�. . . . � . � ., . � �-�.�� - �� , s�.� ,:��-� ��'�/�' �-.�s�j s� r��.�� . . � . . . � , � .. . . . . . . � 1.1 t' . _ . ' ' , , . . . ,� - - — . . ' � I -� j � � 1 � i , CITY OF FRIDLEY ' � PETITIUN COVER SHEET � Petition No.. 16-1975 , 1)ate Received JUly 1, 1975 - .�' � .t� �7 S"_U �/ ' � object Prope rtv owne rs a re in opposition to the�vacation of an alley easement between 79th 'rJa_y and Lonqfellow Street Northeast and 1 from Ashton Avenue to Surlington Northern right-of-way. ' Fetition Checked By Date $� , , , Percent Signing ,f�' cwL � /7 �,�-►,� �'-:..n.,� l`�) �„�,,,,�T�� T— �;' � Referred to City Council � ' Disposition , 1 . 1 . 1 1 - . 1. 1, � � � _ ..�., ! � ' � �� *� ' 1 � ' ' � Ma.y 22, 1975 0 We �he undelr,�s�.gned pna�e�ty awKetc�s ane �.n v ob.i.t,i.an �� vacc�t.i.ng �h.e a2�ey ea�,emev�,i be,twee�. 79�h Glay an��ng�y vw S�c.ee.t Notr,the.a�s� and �nam A�sh,tav� Avenue �a Bufc.?,i.ng�ov� N�tc,ihehn �r,i_gG�t-as-way. Gte wac.�d .P.i.Fze �h,ia pn��elc,ty .�e�� apen �an pub.P.i.c acce�s.a. Gie �ee,�. .i,t .i�s ve>c.y ,E}'J1�G%t�C(.VLt �U .2eave �Gws �nopetr.ty vpen a� an acce,a6 �an b�.Fze� cu�d h,i.f�e�us and ,i�s a�sabeh p.�ace �on ch,i,2djcev� �a u�s e. I� �lz,i,6 pnape�r.ty � vuca�ed, ch.i,2dnen wau,2d be �vtcced �.wto u�s�,ng �he d�c.ee,t �n cu,t.ti.ng �hnvugh un�enced ya.�cd�s. NAM� �- � r� G`-'i'w--��i'_ � _ ��1 � `'� . �--�� , �� A�'DR�SS � �, � � ; �/� — -: �%'J C�� '�1 . �' 7 lC� f� d Y 4 c'-�- S��d...yr '' . . �„ . . D �• � ,� ..._ i . . � � i L� , �. -v� �� . � � � zr -' -� � . . ��- �T � �� _ � � - � x� �.�� .� � � � — � 1 z� �J.�, . G � - .� .�.�r�� , " .;� � .� .� . �,.� � � _ ' v `� �' . ',�� . ,,. � , � � �-� �-�-�,1.�� n 1 � ** The,ae pno�elcty �wv�e�s a.e.�sa �wv� nec�c.eu,t.i.ana2 veh,i:c.�e�s �Gi.u,t mws� be �s�aned � .�n �he bacfz ycucd� and �hetce .i,a na a�heh way a� acce�s� . , ' ' The ab�ve a�.gv�a,twce� ne�ne�sen,i 70o a� �he hamevwwe� ad�acervt .�� he pnone�r.ty �,vc que�sx.i.an. . Mr. & Mrs. Steve Pogreba and Mr. & Mrs. James Roberts asked to have their names removed from this petition against the vacation. They have signed a petition in favor of the vacation. �- ,:�t �-� 'J :,' ' �� • , ' ' HARVEY E. SKAAR CRAIG Id. MERTZ , ' 1 ' ' ' HARVEY E. SKAAR ATTORNEY AT LAW MINNEApOL15, MINNESOTA 55402 July 7, 1975 City of Fridley Civic Center 6431 University Avenue N.E. Fridley, Minnesota 55432 Re : Dear Council Members: Vacation Request SAV#75-04 1900 F1RST NATIONAL BANK BUILDING AREA CODS 812 TELEPHON6 33S-9S6$ This office represents Mr. and Mrs. Leonard Benser, Mr. and Mrs. James Roberts, Mr. and Mrs. Charles Floer, and Mr. and Mrs. Marvin Breiland, all ot whom own property on Block 4, Spring Park Addition. Our clients have reviewed the minutes of the June 25, 1975 meeting of the Planning Commission, which, in an informal public hearing, considered the above matter, and our clients note several inadequacies in those minutes. . On behalf of the above named citizen, we respectfully request that the Planning Commission be directed to amend said minutes to reflect the following: 1} That Mr. James R. Roberts, 121-79th Way N.E, . told the Commission that the opening of the alley in question would be a hazard to children in that it would be difficult for parents to watch for both front yard traffic and back yard traffic. 2) That Mr. Leonard Benser, 154 Longfellow N.E. told the Commission that the opening of said alley to vehicular traffic, would a. markedly increase neighborhood noise ' because of back yard snowmobile and motor cycle noise. ' b. Necessitate the establishment of a CuI de Sac because of the narrown�ss of the right of way. II m !City of Fridley July 7, 1975 page two c. Increase taxes because of the need to finance alley improvements by special assessment. :It is our position that the above described additions must be made in order that said minute accurately reflect the full scope of •testimony received by the Commission at its June 25, 1975 meeting. i�MM : s h Very truly yours, i�'h .%h �. � � CRAIG M. MERTZ, ATTORNEY 0 ME2�0 T0: Nasim P1. Qureshi, City Planager MEPiO FROti: F.ichard I1. Sobiech, Public Works Director DATE: July 2, 1975 SUBJECT: Agreement and Grade Approval Form for Improvement of East River Road Attached please find two copies of an agreement with Anoka County together with the Grade Approval Forms for improvement of East Rive� Road from 700 feet Ylorth of I-694 to 125 ieet North of Charles Street. The estimated total construction cost o£ the improvement is $352,746.50 with the estimated City share being $66,89£i.95. The City's share consists of $29,500.00 for signalization with the remain- ing $37,395.95 for the City's share of curb and gutter, sidewalk, storm sewer and the Ldest frontage road. Al1 apprapriate public hearings have been held and resolutions for the project adopted. It is reconunended that the City.Council consider and approve execution of the agreement and grade approval form at the regular Council meeting of July 7, 1975. Upon execution of the agreement and grade approval form it is anticipated that Anoka County will proceed to advertise for bids on tiie project in the latter part of July. RNS/as Respectful,ly submitted, ��f ��-�� . R' ICHARD N. SOBIECH Public Works Director l0 � Form ;3oX8z GHl+UE APPl��(AL FUHM ' At a dul,y authorized meeting of the (City) (��) Council � ^ vea t t llor��in resolution wa� mo of Fridley , Minneso a, he fo g , t�nd adoFted : � ' � SDLtITION Y�i�EI�EAS, plar�s for State Aid Project ' �� . c • d �- and hoo 0._-601-21 shotit�.ng propo,,ed a].i�runent, profiles, gra e� , eross-sections, toge�her i�.th specifications and special provisions for the (eonstructior,), (recon�truetion), (improvement), of CountSr-StateaAzd Highway ' ]l withir: the lir.�its `of th� (City) (��.�) a3 a(F�d��Y} (State) �(�o��►) Aid Project have been prepared and presented to the (City.) {��): NOti�l, TK�IiEFQIt�, IT IS fiESOLL'EI� : That said plans; specificat10I15 and ' special provisions be in a11. things approved. ' Dated this day oi 19 . � . . . C��RTSF�CATIUIJ ' y ' ' 5tate of Minnesota ' Ci011ri�.y� O� ' (citYi► ��e) of _ . - _ . ti � I hereby certify that the ioregoing Resolution is a true and I, ' correct copy of a resolution to and adopted by the (City) (1�'C�e) Council of '' ` at a meeting thereof held in the (City) (��ge) of ' ' ' � Minnesota, an the d�y of , 19 ;� as disclosed by the records of said (City) (��) in �y possession. (S�:AL,) 0 � City . ��cg4c Clerk ' l0A / � � • Aoreement Estimate $ 68,698.95 � � � CI ' ' ' � � ' � ' � ' , ' r. ' ' ' AGREEr1�NT BY AND BLTGT�EN TtIE CITY OF FRIDL;'Y AP1D TH� COU;dTY Or A;dOICA, DEP61RTt1�PIT Or liICItGdAYS S. A. P. 0?_-601- 21 �" 10 B TIiIS I.1DEi1TURL, madc and entered into this day of , 1975, by and bet��een the County of Anolca, S�ate of Tiinnesota, hereinafter referred to as County; and tlie City of Fridley, State of I�iinnesota, sctin� by and throu�h its' City Council, hereinafter referred to as City, tTIT\;: SS �T�I: • ' ��:HEP.iAS, the County has undertaken a project of an improvement project of a portion of C.S.A.?i. ;',-`l, from 700 feet �dorth of I-694 (Sta. 8+40.Q7) N. B. , to 125 feet :1ort?� of Charles Street ( Sta. 31-;-81.94) .1. �. taIHLR�J� the Anoica County Hi�hcaay Department has prepared plans and _ specifications for S.�1.P. 02-601-21, c��hich p1Gns and s�ecifications are dated the 25th d�y of June , 1�75, and ca.iich are on file in both t}.ie ofr'ice of the Count�. En�ineer, and tl�e tTinneso;.a Department of iii�htaays, and Z�?fi;:R1;.�S, said project is beneficial to the City and for this re�ason the City has e:;pressed a�-rillin;ness .to enter into a financial arrangeraent with ti_ze County cahereby certuin portions ot said project �vill be paid for by tlie City in amounts set forth in the body of this �.�reement, and SdIIEP.�1S, both the County and the City believe that it is for the best interests of the people that said project and improvement be conducted on a cooperative and joint basis, � 0 � Agreement�City of Fridlcy County of Anolca " S.A.P. 02-601-21 � tdt7id, T(iEP,EI'OP.E, IT IS t1UTU�ILLY STIPULATED AiID AGREED: (1) That the County in accordance with plans and specifications dated and on file as stated, shall make said inprovement in accordance with said aforementioned plans und specifications, includino concrete curb and �utter, �aater main extensions, storm se�•�er and sanitary sewer extensions, in addition to other street ��orlc. (2) That it is understood that the County shall be liable for the ' � ' � ' �II 1 entire engineering costs of said ir.iprovement. (3) The estimated cost o� the project is �352,746.50. Partici- patina items are as follo��s: (A) The City will pay to the County 50% of the cost of the cancrete curb and gutter on project e::clud- in� the median �aorl: and exeludin� the C.P. 74-?_1-01 portion adj�cent to the Doc•mi.n� Box Company Propsrty, which is estir.►ated to be �17,2F0.00. � 5,760 Lin. Ft. X�3.00 :i 50°!0 =$3,640.00 City Share (B} The Czty i��ill pay to the County SO°; o£ the cost of the full traffic actuated control system, �ahich is estimated to be �59,Q00.00. � �59,000.00 :� 50°0 = $?_9,500.00 City Share (C) The City ��ill pay to the County 100% of the c.ost of sidet�alk construction, which is estir.iated to be $I,40�.d0. '" • _ 2 .. 1� C A�reement City of Fridley County of Anoka S.A.P. 02-601-21 (D) The City ��ill pay to the County 34% of the cost of the storm sewer main line,which is estimated to be $40,277.50. Viz. Items: Item 36'� Span RCP- � �'�pron 1Z" R.G Pipe Sewer 15�� R. C. Pipe Sec�.er 21'� R. C. Pipe Sewer 24�� R. C. Pipe Sewer 30" :. C. Pipe Se�rer 36'� Span P,CP-S Sewer Constr. 1�:.�t. Des. A or P' Gonstr. I�I. H. Des. C or G Constr. C.u. Des. A or r Constr. C.3. Des. H Castin; Assemblies Unit Each Lin. Ft. Lin. Ft. Lin. Ft. Lin. Ft. Lin. Ft. Lin. rt. Lin. I't. Lin. Ft. Lin. Ft. Lin. Ft. Each Unit Price $ 200. 00 11.00 11.50 13. 00 14. 00 19.00 21. 00 60. 00 50. 00 60.00 40.00 17 S. 00 Quantity 1 433 597 273 339 400 372 3 2.1 13.1 5. 9 2. 8 9 Total; 34% X �40,277.50 = $13,694.35 City Share (�) The City will pay to the County 100% of the cost . for construction af the fronta;e road L3 fror.i Sta. ' 2+50.98 to 3+5L. 43 � W}t1C}1 is estimated to be � �13,656.60. � Viz. Items . Itern Salva;e Chain Link Fence Cor.unon Lxcavation A�gregate Base Placed, CL-5 Bit. P�Iat2. for Piixture �?earin; Cours� Pii::ture Binder Course ili�ture �it. Tiat�l. for Tack Coat 15'� P,C Pipe Sei�rer Const. C.B. Des. C or G Const. C. B. Des. H C�stin� ��ssemblics Concrete Curb & Gutter, 8-618 6« Concrete Drivecvy Pavement SoddinJ Topsoil IIorrow 0 Unit Lin. Ft. Cu. Yd. Cu. Yd. To�� Ton Ton Gal. Lin. rt. Lin. rt. Lin: FC. Each Lin. Ft. S q. Yd. SR. Yd. Cu. Yd. - 3 - Unit Price $ 1. 00 L.00 5. 50 9 4. 00 6. 00 5. 80 0. 60 11. 50 S0. 00 40.00 17 5.00 uantity 600 1 ,016 43 8 19 130 1�_4 104 • 36 5. 8 6.3 3 3.00 1,150 10.00 13 0.75 500 4.00 50 Total: ir Amount $ 200.00 4,31H. 00 6 ,865. 50 3 ,614. 00 4,7 46. 00 7 ,600. oa 7 , 812. 00 1 ,926. 00 655.00 354.00 112. 00 1,575.00 $40,277.50 Amount $ 600.00 1,016. 00 2,409.00 i ,�s6. o0 1,080.00 1,067. 20 � 6 2. 40 414.00 290.00 252.00 525.00 ' 3,450.00 130.00 37 5. 00 _ 200•�� $13,b56.60 c 0 � Agreement City of Fridley County of Anoka S.A. P. 02-601-21 (4) Recap Items of City Participation (A) Curb & Gutter (SO%) (B) Signal System (SO%) (C) Sidewalk (100%) (D) Storm Sewzr, Main Line (34%) (E) Frontage Road (L3) Total City Participation; $ 8,640.00 $29,500.00 $ 1,408.00 $13,694.35 $13,656�60 $66,898.95 (5) That at such time as the County has received acceptable bids for the construction of said improvement and the City has concurred in said acceptable bids, the County then will prepare a new estimate of said improvement, showing the City�s share,�which.estimates will be based on the unit price bid by the successful contractor, and will furnish the City with the revised cost estimate. (6) The City upon receipt of the revised cost estimate shall pay to the County Treasurer of Anoka County, M2nnesota, its� proportionate share of the cost of said costs are paid to the respective contractor by the County. ' (7) That upon completian of the work being performed with reference to said improvement, a determination shall be made by the County Engineer as regards the final payment due on said improvement, and the City shall ' then pay to the County Treasurer of Anoka County, Minnesota� its' pro- portionate�share of the final cost. ' ' ' ' , (8) That upon completion of the improvement and the accep.tance of the improvement by both the County and the City and the final payment made� therefore, by the County to the respective cantractors, which - 4 - 0 10 E. A�reement City of Fridley County of �`�nol;a S.�'1.P. 02-601-21 shall have the approval of the Cit�, then these conditions havin� been met and completed, they shall serve as �n indication trat the A�reement, has been performed in full und shall be bindin� then upon botii the City and the County �nd �•�ill s.erve as a final release of any and all liabil- ities bet��een the City and th�e County. (9) That said zforeraentioned A,n,reenent shall become binding and effective on approval vy resnlution adopted by the Council of �he City of Fridley, tiinnesota, u;�d by approval of the proner office,-s of the County �oard of Corunissioners. m - 5 - � lOF � '. ' , A;reement City of Fridley � � County of Anolca �. G � S.A.P. 0?_-601-21 ' , IN T�STItIO�'Y �dII�RF•OF� the parties have executed this A�reement by their duly authorized oft-icers and caused their respective seals to be ' hereto af:.itied. � . , � • � ' � CITY Or FRIDLLY � � . � . � ' � BY ; (isayor) � _ ' � � BY � City Seal (City"21ana�er) ' I , � , _. � P.�COrII�1EP1D APP.°•OV�,L COUNTY OI' ANOI{A� STAT� OP r1I;INESOTr1 ' ,� . j � • � � BY � � � ; (County En�ineer) (Chairman, County Bo�rd) ± i ' . 3 BY ' � (City �n�ineer) (County Audito.r) ' , � � � � � � i , . � i � , ' � � ; ' . � � _ 6 _ ' ' . . <Last) MEMO T0: Nasim ii. Qureshi, City I4anager MEMO FROPI: Richard N. Sobiech, Public [aorks Director SUBJECT: Illegal llumping in Ilorth Innsbruck DATE: July 3, 1975 � Attached please find a report from Steve Olson, Environmental Officer, regarding dumping activities in North In�isbruck. After an investigation to determine the vacant properties which were filled with debris, a meeting was held with several property owners of the area. Dis- cussions resulted in a course of action agreed upon by all parties as noted in the memo. Nine items were suggested which would allow elimination of the problem. It is recommended that the City Council receive f.he report.at the regular meeting of July 7, 1975 and concur with the items outlined. Of particular importance would be concurrance and direction by the Council to aZlow the staff to proceed with the Nuisance Abatement Procedure mentioned in Item 8, for those properties who do not cooperate in removal of the debris. •� RNS/as 0 Respectfully submitted, ��2�� s%'�G� RICHARD N. SOBIECH Public Works Director m 0 , 11 . 0 MEMO TO: FROM: s DATE: RE: DICK SOBIECH , STEVE OLSON JUNE 30, I975 ILLEGAL DUMPING IN NORTH INNSBRUCK AREA Due to complaints about illegal dumping in the North Innsbruck area of Fridley, a member of the city staff, Steve Olson, met with representatives of the North Innsbruck Homeowners Association, Ron Rumpsa, Ken Bureau, Bob Olson, and Mike McDonough. A map (attached) was presented indicating areas that were felt to be in violation.. Also presented was a list of owners (attached) of the properties in question. The foZlowing was agreed upon as a suitable course of action: 1. All individuals would be responsible for cleaning. all refuse from their own property. In instances where refuse may have originated from adjoining properties, it will be up to the involved parties to determine Xesponsibility. When a property is in violation, the following would be conditions for bringing it into compliance. a) b) Remove all tree wastes, discarded lumber and any construction waste and dispose of same at an approved sanitary landfill. Piles of dirt, concrete and/or asphalt must b� leveled and covered with suit- able fill (dirt and rock) . 2. Letters will be mailed to all builders currently constructing in this area. Said letters will advise against dumping anything but dirt or rock fill for Iand reclamation and advise that a11 constructior, wastes must be.removed and disposed of at a sanitary landfill immediately upon completion (if not sooner) of construction . and prior to occupancy of the dwelling unit. 3. Any new building permits will have words to that effect typed directly upon said permit. ' 4. The city will install a sign at the north and south end of Matterhorn Drive, on Arthur Street and on North Innsbruck Drive, where these streets enter into the Innsbruck area. Said signs will expressly prohibit any illegal dumping of refuse under penalty of fine. � ' � ��i1 � � , ' � � � ' � � � ' � ' � � MEMO TO: FROM : DATE: RE: DICK SOBIECH STEVE OLSON JUNE 30, 1975 PAGE TWO ILLEGAL DUMPING IN NORTH INNSBRUCK AREA 5. The Police wilZ be advised that any dumping of refuse or fill in the city (c�ther than dirt and rock) is a violation of the Cit,� Code and they are requested to issue a citation to any violator and instruct hi.m to remove any deposited material within twenty-four (24) hours. The Environmen�al Officer would like to be informed about any police action of this type. 6. Citizens in the Innsbruck Area are requested to report anybody found dumping refuse. Appropriate action wi11 be taken by the Environmental Officer during the week, or by the police on weekends and evenings as described in Paragraph 5. 7. Members of the Homeowners Association will meet with Mr. Randy Nelson, First Wisconsin Mortgage Company. (As of June 18, I975, this Company has taken over ownership of all single family lots formerly owned by View Con). An attempt will be made to get willing coopezation from them in abating all retuse vioiations on lots owned by First Wisconsin. 8. It has been requested by the Homeowners Association that any tailure.by a property owner to abate a violation on his property would result in the Nuisance Abatement Procedure as outlined in Chapter 110 (Attachment 3) being initiated. 9. In the future, when land reclamation is necessary for construction, it is recommended that only dirt and rock fill be allowed and weekly leveling be required. SO/cs Attachments (3) ,� � . . �3�Q�a� jo— �i�5 � � :..... . . ....... . ; .... ,, .. +: `' " 2i :'�Q '°�'_ :;` ;;` a ' . •' .` ,.... ' - .� `� •'�� Slll'YI'1 3iV�lOdL�O� . ......`...... ,:. ....• � , � � �� ., � .. 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N '�+ N x � a� . a x a� � � a � �Z. �Z � � � � � H H ' H , y . ~ nl , N : � . , �' N. � � � rn .. �c �n �r �^i �°�° �-1 . tV N • . • • }•� ..-� • . W • N � 'd A -� , � � � W W N � r� a� z AWWa �t3 � S,�iWpp � a�i �ts a2 rl •►-1 mW u) ,-� � cn Wm N ,�-� w p a�i oan o r-I FC H ' , � w �o � � o a, � a� •.� �n � cn .-� z a N •.�i •rt N 7 +� � 4-� N � � �C •� � O W w�m x �` c�i�A �� .,-�A ro�Z a� w�Aa a' w +� a H • �+, � 3 W �� w+� '�M G� N� f� A W cn �� W[n f-t tn 3-� 6'� � � N p; (h � � O � H� O tn •,-1 tl' •� N�U V' U� �!' N N�U W R� � .� �.r� W A �-i N � A .-I > �-1 m z FC Sa '� � aC O� itf O .�1 3a ul O N •.-I �l 3 a a� r�woav� w�.Q�nAa . a�tna�s � a.�o � . ' . t� m � . �� . ' �w r� a� . . , � . . � � � � •�-� z z � �r; z A.� a u t°� �ob v A� ' � .�n o � r� � �' � � ? � � w �n cn . � � cn , . _ . �. . � � � • a � - ' . � . W pq � C3 � � W � � A � � � ' � � � I' � ' H A � in W � � W W � �� n V' t� tA I �• N ' � . � � �� ' � � . t(1 tA �f1 ' , � ` . ` . , , . H Q Exr . • ` . z N ° N - °� o� o , z 2N 2c�1 Z �, .Yi .� _ � � � . �{ � . a . a a a � . fa � � � � . cn cn cn ' , FC H • . H � �, � , . ' � . � . _ E+ - � . . i ' �. ~; � � � � � a� , ... . . �� I � •-1 N cp i� � �� rl..' N N ni N N �. . : ' . '. • ' , __ � u F � w�w � � N ' .� � A A x x H H H H � � °z z° " .�-t o rn � A � �� w a w �Z u� • . . . � r-�' N M d' �� A 110. PUBLIC NUISANCE 110.1)t. �Ainn�sota Statutes By Reference - llG 110.05 Minnesota Statutes Sections 609.74 and 609.745 are hereby adopted by reference and shall be in tuil force and effec:t In the City of Fridiey as if set out here tn futl. ti0.ID2. Constnuction Work Nours ' It shall be uniawrtul to engage in or conduct any activity in the construction oE any buitding or structure, or the layir�g of any pa�vemsnt including but not {imited to the making of any excavation, clearing of surface land, and loading or unloading materfal, equipment or supplies, anywhere in the City except between the hours of 7_OD A.M. and 8:00 'P.M. on weekdays, other than Saturday, and except between the hours of 8:30 P.M. and 5:00 P.M. on Saturd�ay. fiowever, such activity shatl be lawful if a permit therefor has been issued by the City upon application in +accordance with the requirements of the paragraph below on permits. � If shall be unlawfyl to engage in such work or activity on a Sunday uniess a spec'iai permit for such Sunday worF� has tirst been issued. • 1 i0.�021. . ' App'licatian for a permit shaJl be made in writing to the City Manager and shail state th� name of the appiicant and his busine:�s address, the location of the proposed work, and the reason for seeking a permii to do such worh on Saturciay or Sunday, as we{I as the estimated time of the proposed operations. 1. No such permit shall bs issued excepting where the public welfare will be harmed by failure to perfi�rm the wi�rk at the times indicated. � 110.022. . Nottitng In this, ardinance shall be construed to prevent any work necessary to prevent injury to persons or property at any time. 110.03. Powers of Officers . � �.�.-.. � � Whe�nPVer In thie juc7g`rri'e�rrt'ZSf'�he Health Author_i,tv, City Engineer, or Public Safety Director (or such othet otfic:ersas may be determ(ned by the City Manager�, he iinds upon investigation that apubfic nuisance is being malntained or exists within the City of Fridley and within the respective fields of supervision as herein before set forth� they :shall issue written notice to the owner or occupant and require him to terminate and abate said nutsance or to �remove such conditions or remedy such defects. Service aid notice shatl be in person or by �, If the prennises are not occupied and the address of ihe owner is unknown, service on the owner may be had by_ op�stin_g a copy of the notice on the rp emises. If said nuisan�e is not abated within t0 days of the date of issuance of said notice, the City official issuing said notice shall issue an ordinance violation citation to the � ---------..._..... ootiEied own�[_oLczccuRa[1S. ' . 110.04; Abatemsnt Of Nulsances by Council (f� atter such service of nottce, the party or parties fail to abate the nuisance or make the necessary repairs, atteirations, or uhanges In accordance wfth the direction of the Councii, said Council may cause such nuisance to be abated at the.expense of ihe City and recover such expenditure, plus an additionai twenty-tive per cent (25�6) ot such �xpenditure, either by civil action against the person or persons served; or if such service has Deei� had upon the owner or.occupant, by ordering the Clerk to extend such sum, plus twent^ y-five pQ,Lcent (25°0) ihereof as a special tarx against t� he property upon which the nuisance existed and to certify the same to the �County Awiitor tor collection in the manner as taxes and special assessments are certified and collected. 110.05. Penalties ' Any violatton ot thfs chapte� Is a misdemeanor and is subject to aN pertaltiss provided for such violatians under the provistons ot Chapter 901 of thts Code. . , Minnesota Statutes By Reference Construction Work Nours . Powers Of Ot(icers Abatement Of Nuisances By Council Penalties 110-t � ew � � �, r M M � e�— 'M _ �. rightan M ' �O . • � N � Ln Q Mr. James Hill '�-- Public Safety Director � City of Fridley . z 6431 University Avenue N.E. z Fridley, Minnesota 55432 � z p Dear Jim: '~ _ June 20, 1975 �? Enclosed are copies of Mutual Aid Agreements for Fire and m along with their authorizing resolutions. I would reques ,� you bring these to your City Manager and ask that they be z on the council agenda. Assuming that there is no problem Police that placed in � their approval, please send two executed copies of each agreement back to my office. Additionally, assuming the agreements are approved it may be wise for you and your fire chief to meet with our police and fire chiefs to discuss the logistics of the implementation of the agreements. Your cooperation in developing of these agreements is very much appreciated. • Very tr y yours, i ' �G�� t 2._--- ZYhomas F . Lewc' c City Manager as Encl. 0 FROM THE DESK OF: ROBERT HUGHES Fire Chi:ef � June 24, 1975 T0: Nasim Qureshi; City N4anager _. I have reviewed the proposed Fixe Department Mutual Aid Agreement with the Ci.ty of New Brighton. Since they have iricorporated the changes I suggested,.in this agreement, I find it satisfactory. - - �A 1 ., 0 � 1565 � B RESOLUTION NO. STATE �F MINNESOTA COUNTY OF RAMSfiY CiTY OF NEW BRIGHTON _ � RESQLirTION AUTHORZZING EXECUTION OF A POLICE NftJTUAL AID ' AGJ:tEEMENT BETWEEN TiiE CITY OF FRIDLEY AND THE CITY OF NEW I BRIGHTON , . k�3EREAS the City Council has determined that a need exists , for a police mutual aid agreement with the City of Fridley, and j i ��FiERE�S such agreement will provide increased police pro- ! tection in both communities, and � ; I wFiEREAS Minnesota Statutes Annotated 471.59 authorizes� ` such agreements ', NOW THEREFORE BE IT.R�SOLVED by the Council of the City of New Brighton, That the I°Iayor and Manager are hereby authorized ahd directed to execute the Police Mutual Aid Agreement between the City of Fridley and the City of Ne�� Hrighton, such agreem�nt ' being attached to this resolution. i Adopted this lOth day of June 1975 - � i. � i ATTEST : _ �j " ,C � �' �U�� '�"%�� - �� '�ayle �C. Bromander, Mayor (� . � � j' � ,_, � • }. w�.a,�- ' Thomas F. Lewc' k Manager -.-� -c--'�-�-�°-�--_ j; Vernon C, Pederson, Clerk-Treasurer . ,i ; (S��) ; ,; i! ,� � ' � ' , � ' ' � ' � � , ' � ' ' ' ' �� POLICE MUTUAL AID AGREEMENT BETWEEN THE CITY OF FRIDLEY AND THE CITY OF NEW BRIGHTON The City of Fridley and the City af New Brighton hereby recognize the need to be prepared to deal adequately with fire, flood,natural disaster, civil disturbances, or other emergencies occurring within their boundaries. WHEREA3 they likewise recognize that they do each h ave the power to and do in fact maintain police departments and police personnel, and , WHEREAS the City of Fridley and City of New Brighton recognize that pursuant to the provisions of the Joint Exercise of Powers Act, S�ction 471,59 Minnesota Statutes Annotated, th at they do have the authority to enter into this agreement where they are jointly and cooperatively exercising a power common to both of the contracting parties and pursuant to �his and in order to insure that sai3 preparai�ons be made adequate to protect the lives and property of people in the City of Fridley and City of New Brighton that it is declared to be necessary and the parties hereto do-agree to furnish assistance to each other upon the terms and conditions hereinafter set forth as follows: 1. Whenever the public interest requires it on account of � fire, flood, natur,al disaster, civil distrubances, or other emergencies occurring within the boundaries of the City of Fridley or the City of New Brighton, the appropriate officer as designated by the City of Fridley or City of New Brighton, or his designee, hereinafter called the receiving governmer,tal unit, may, at his discretion, call upon.the appropriate officer of the other governmental unit, or his designee, hereinafter called the sending • governmental unit, to furnish police, or other force, to go to the assistance of the receiving governmental unit and to request for such purpose personnel, equipment, and supplies of the sending governmental unit. The appropriate officer as herein designated shall notify.the other participating governmental unit as to the person ta be contaeted and all pertinent data as to where and how he can be contacted to implement •the terms of this ac}reement. 2. Upon the request of the appropriate o.fficer of the. ! receiving governmental unit, or his designee, the appropriate officer of the sending governmental unit, or his designee, shall ' authorize and direct the police, or other force of the sending governmental unit, to go to the assistance of the receiving ! governmental unit such pers�nnel, equipment, and supplies of the sending governmental unit.as, in his discretion, are available. 3. The sending governmental unit reserves the right to retain for its own use such equipment, personnel, and supplies as, in the diseretion of its appropriate officer, or his designee, � � ;' may be necessary for the proper and adequate protection of the ',; sending governmental unit, and the appropriate officer of the i+ sending governmental unit, or his designee, shall authorize and 'i direct to the receiving governmental unit only such equipment, • �� personnel, and supplies as can, in his discretion, or that of ;� his designee, be saiely spared from the sending governmental unit; ,� , : � ' � ' � C ,� �J ' ' � � ' � � , ' ' � ' �D ��and in case of an emergency arising within the sending governmental �'unit while the equipment, personnel and supplies of that city are ;engaged in the receiving governmental unit, the appropriate officer of the sending governmental unit, or his designee, may, in his' discretion, or that of his designee, recall to the sending govern-. mental unit such equipment, personnel, and supplies�as he may con- sider necessary to meet such emergency. 4. While engaged in the receiving governmental unit, the officers and members of such forces of the sending governmental unit shall remain under control and direction of the sending governmental unit�and shall be paid by the sending governmental unit the same as if performing their regular duties within the sending governmental unit. For the purpose of this agreement, when the receiving governmental unit has initiated the request, the individuals who have been sent pursuant thereto shall be considered to have been deputized under the emergency power of a public officer for assistance in carrying out a police function, thereby empowering these individuals to function as peace officers in the receiving governmental unit. It is understood for the purpose of this agreement that the sending governmental unit maintains the ultimate control over the individuals sent as set•forth in the first part of this subdivision, but the on-site direction sha11 be under the control of the individual who has been designated by the receiving governmental unit as being in control of police functions over the situatibn which has given cause to.the utilization of the conditions of this agreement. 5. The sending governmental unit shall be responsible for its own personnel, equipment, and supplies, and the receiving gavernmental unit shall not be held liable for any injuries to personnel or damage to equipment of the sending governmental unit, nor shall the receiving governmental unit be.required to reimburse the sending governmental unit for supplies used while so engaged, except that unused equipment and supplies shall be returned to the sending governmental unit upon the termination of the emergency. 6. It.is understood by the parties to this agreement that only those persons designated and sent by the authorized and appropriately designated officer or his designee would be included �n the terms of this agreement. � 7: In case weather, road conditions or other-circumstances are such that in the discretion of the appropriate off icer of the ' sending governmental unit, or his designee; equipment, personr.el, and supplies cannot�be furnished to the receiving governmental unit with reasonable safety he may, in his discretion, or that of his designee, refuse to authorize and direct_assista nce to the ; receiving governmental unit. The determination of the appropriate '� officer of the sending governmental unit, or his designee, as to what assistance shall be furnished and whether assistance shall be withhela or withdrawn, as provided herein, shall be final and ; conclusive, and sYall give rise to no liability on the part of i`; the sending governmental unit for failure to furnish assistance. : � ,- �E 1 � �� This agreement sha11 remain effective in all instances i '; except where it appears under any set of circumstances that it is ' inconsistent with the existing law or authority at any particular time. This agreement shall be effective upon its execution by the appropriate official of the governmental unit acting pursuant to ! proper authority and direction by its Council and shall remain in effect until such authority is withdrawn. and notification of this withdrawal shall be sent to all the other party to this agreement. � IN WITNESS WF3EREOF, we, the undersigned, on behalf of the City of New Brigh ton and the City of Fridley do hereby bind ourselves in accordance with the terms and conditions of this agreement, executed this 1975. � CITY OF FRIDLEY ATTEST: CITY OF NEW BRIGHTON > � � . a!*'�+ y '�-F"� �� l ,! �� `- � � :£-;x-L.c.�1�� `Gayle�� Bromander, Mayor , o�,uw�-.✓ (:, r �^�G"_Q/�a.c+va�., . � . � � � rt�'��c� � i_. .. � C��%`L; �� !' �.` 1�--�...- v.,� Thomas F. Lewcock, Manager ' ; ,� , + i i 1i � � i �! i i' � � 1 . � 1 . '' ' ' � ' ' , ' ' ' ,1 � \ \ , ' % ' RESOLUTION NO. 1566 STATE OF MINNESOTA COUNTY . OT' . RF.:MSEY CITY QF NETd BRIGHTON 12 F I I 1 � _. � RESOY.UTION AUTHORIZING EXECUTION OF A COOPERATZVE FIRE.AND � � .FsMEEtGENCY SERVICE p.GREEMENT BETi�lEEiJ THE CITY OF FRIDLEY AND THE CITY OF NEW BRIGHTON � ; T�7HEREAS the City Council has c3etermined that a need exists for a cooperative agreement with the City of Fridley for fire { and emergency services, and 4�'HERE�S a sharing of firefighting equipment and manpawer will improve fire protectiOn in Uo'th named cities, and `{ ! WHEREAS Minnesota Statutes Annotated 471.59 anthorizes , such agreements i . i , NOW THERF�'ORE BE IT RESOLVEV by the Council of the City of � New Brighton That the Mayor and rianager are hereby directed ! to execute the attached coaperative Fire and Emergency Service �- AqrQemant between the City o� Fridley and the City of New i Brighton. � Adopted tl�is 1Qth ciay oi June, 1975 ; , I ATTEST: � ,/�' �% � � , � - l�'� !- C:��° � �� _�3-r�'tf �- yr..s--��- - -a I - Gayle ./Bromander, Mayor 1�:� ,/ .� � � /1 �` '.�CcO / / '�.�-L��Z-C"��'`�_'-- 7.'homas F . Lewcockl, Manager rr�---�: � - ��_ Vernon C. Pederson, Clerk-Treasurer ` (SEA; ) � ' � � 1 ' , ' , ' ._ ' ' ' ' ' � ' \ ' ' • �G COOPERATIVE FIRE AND EMERGENCY SERVICE AGREEMENT BETWEEN THE CITY OF FRIDLEY AND CITY OF NEW BRIGHTON The uridersigned mu.nicipal officials, acting pursuant to Minnesota Statutes Sections 412.221, 471.59, 438.08, and 438.09 and as authorized by resolution of their respective councils, do hereby enter into this agreement providing a cooperative procedure for the handling of f ires and other emergencies. In consideration of the mutual public benefits which result from a cooperative effort, the parties agree to furnish fire fighting equipment and personnel t.o the other when called upon by the fire chief or fire department officer in charge to assist in the handling of an emergency beyond the scope and capacity of the requesting municipality, subject to the following conditions; 1. Travel and weather conditions must be such that, in the opinion of the fire chief, or department officer in charge of the sending department, the assistance can be made available with reasonable safety to men and equipment. . 2. In the event the personnel and equipment of.the fire department of either municipality are employed at the time the call for assistance is received from the other municipality, or when in the opinion of the fire chief, the personnel and equipment are needed in the community, said municipality shall be held free and relieved from all responsibility to respond to the call for assistance. �. In the event any equipment or personnel of either municipality responding to a request for assistance shall be needed far any purpose in its own municipality, the equipment and the personnel of said fire department may be recalled to its own municipality before completing the fire fightinq or other assistance for the other party and said assisting party shall be held free _ from any responsibility to continue to render assistance. 4. The fire chief or department officer in charge shall determine the amount and type of equipment or personnel which will respond to a request for assistance. The decision and dis�retion of the fire chief or other department officer in charge shall be `final in such matter and no party sha 11 be liable to any other party or to any other person, firm or corporation for f ailure of the department of said party to answer a call for assistance or ' ;,for any damage to or loss of goods or for any act, omission, or ;'for any other reason. f � 5. The municipality asking and receiving assistance from I�any other party hereto shall not be held liable for any damage to ' ;!.the property of the,assisting party while answering the call for ;' assistarice or while in the service of the community requesting i assistance; each party shall carry its own liability insurance �Ifor the benefit of itself, its equipment and its firemen while in �;the service of any other party and each party shall carry liability ;{insurance saving both itself and the other party being assi'sted '�harmless so far as any negligent acts of the firemen in the employ ;;of said party are concerned. + 1 �I . �� 1 •' + t �� , �' 6. Each partp in answering a call for assistance shall � � attempt to furnish a reasonable number of firemen on ea�h piece �� of equipment answering such call, the discretion of the fire j � ', chief or other fire department officer in charge shall be f inal i as to the equipment and the number of firemen that can respond to the request for assistance. , , 7. In the event requests for assistance are received from 3 i two or more municipalities, the first call shall h ave priority ; and the second call shall be answered as soon as possible, it � being understood between the parties that emergencies within the � limits of each community shall have first call on the services of � ' its own fire department. � 8. No charge sh all be made by any party for assistance � l rendered to another party under this agreement except; A � community answering a call for assistance from the other party hereto� shall be paid for the cost of all fire extinguishing materials used in said call, the cost of fuel consumed by the fire apparatus, cost of the meals for firemen, and any other miscellanec�.:s cost � invalved with said assistance; salaries excluded. , 1 � ATTEST: \��'"!�- �r �/� �Ly U �� CITY OF FRIDLEY CITY .OF NEW Gay�.e" +�. Bromandez!� Mayor r1,f{ � .. y, � � ,� � �- GG:4 Thomas F. Le�1c k, Manager � � �• � �� _ � �� -r�.; •� t, DEPARTMENT OF THE AF2MY � �'�'�'�� `� � HEADQUARTERS. UNITED STATES ARMY ARMAMENT COMMAND ��i. 1 � � I -i�w��' i ROCK ISLAND. ILLINO{S 61201 r��, . qy, �"�, _ fr% � \ �.�J�� • , REPLY TO � � � ATTENTION OF: � AMSAIZ-?•L�1D-D 17 June 1975 Honorable Jack 0. Kirktiam r.ayor of Fridley 6431 University Avenue 2dE Fridley, P'C� 55421 Dear I�fayor Kirkham: Our Back Order Register indicates back order number 107-68 w.as assigned to your request for the acquisition of. a field artilZery piece to be used or display in your Esisenhower Veterans '4emoria,l Square. There is a Howitzer, Heavy, Towed� 8 inch, '�tZ15, (Tncl 1) available that may be of interest to your or�ani2ation. The item is located at Pueblo Army Depot� Pueblo, Colorado. The weapon must be demilitarized f•or display puruose with the cost $205.00 to be prepaid. Remittance in the form of a certified or cashiers' check or money order� payable to the Treasurer of the L'nited States, should be furnished Chis office APISAR-_�'-ID-D. 'The donation certificates tlncls 2&?) should be completed by you and forwarded along with payment for demil.itarization. The Howitzer will be shipped with a7.1 transportatian charges collect. � Experience has shown us that an average cost of $600 is to be expected for shipping this type af weapon. It is suggested you contact local commercial carriers to obtain a coloser estimaCe of shipping costs. , ' ' Due to the shortage of donable artillery pieces and the large demand for this ite, this offer is valid for a period of 30 days ending July 21, 1975. There are many other eligible recipients on our Back Order Register and this would enable us to provide them with the same � opportunity afforded your organization. 0 .1.J 4 Ar1SAR-P-QID-D 17 June 1975 Supply action would be initiated upon receipt of the certificates and remittance mentioned above. 3 Incl. as Sincerely yours, �� >tr� � G. L. ?�YER..�^'ICIz Chief, Other Customer Sectian 0 �� A.ktSAR-'�`�D-D i � Honora�le Jack t�. Kirkt�AZ� ;'ayor of ?ric:i.ey fi43]. �?nivar��.tv .lvenue i��E �ridlsy, _'?"1 55�a21 Aeax :tayor Ki.t-kh��: I? June 1975 Our �aCk Clyder �.�F,istc� ii�c?i�a�es bac1� ard�� nare�ei 1!?7--f a wa� Rssi�nPd to yaur request fcaz th� s�c�u3.sitic�r� r�� f��3.d axtillery �iece to �e us�d ox �ispiny in �c�ur u�isenho��r C�eterr�ns :'�er��r��.1 aquare. �izer� is s 2lc�crLtz�r, i��r�vp, Tc�wed, 8�.nch, �t115, (Incl 1} Avail�h�e tha� r�ay ba Qf i.nt�r�*sC ta yoar ar��.ni.�a�ion. The ite:a is locater� a[ Pueglo Army Depc�t, Pueblo, �o2c�rado. Tiie �et��±c�n riust i�e det±tilit��Zet3 !`or di�pl�y ��rnasa �ith the co�t �205.(?� to �p �re,3air1. �e�itt3nce i.az tha £ar�: Qf a certiiiec or castifers �-ct�eck nr r.�tmey orcier, �zapaty�.e to t'�e T��a�urer a�' t?'�� L`nit�d SC�tes, ah^sul.d t�e f.urnishe� tl�is of.fi.c� r�?>S.�?;..z�r�..D. "i'he do:tatic�n certificates {IncZ� 2 5 3} �t�o��ld be cor�p�.�t�d �}� .�ou �d f.c�zwarciad slon� witt� p�yrnent for d�r�i�it�rizati.an. Th� t�ns�.-iCzer �i12 he �t�ipned �ith all traas�ortaticrc� char�rES collect. �aperienc� has ��za� u� t�iat �n �vara�;e c4�t of �6�1�1 �� ta be e::Aected for �t�ippir►g t��i� typ� of cr��pon. I� is su�;�e�ted you cantact 3oca1 cour�ercial carriers Co �bt�in a cola�er estim.at� o� ghip�in� cogts, Aue Co the short�� af c�anable artillery piec�s and ti� Iar�e de�au.td for this ite, tttis offcr is va�lid for s perioci of 3� dAys ending July Z1, 1975. Tiiert� are r�any other eti�;ib3.e reci.nients an our Back Order �efiister and this k�oul.d enable us to �ro�id� them vith tha sac� opportuniCy efforded yaur or�,anizaticm. � � �� B : � � � -< � � � �� . �� A"tSAR-l�i?"�D-D I7 June 19iS ( Supply action would be initiated u on recQi t o . remittunce �enCicmed abov�. � p � t� certificat�►s end � Sincerely yo�rs, � • t - ; ; , i ; } I 3 Incl G. L. `iAi'��;.�IC� ``,:1 ; ' as � i � Chief, 4th�r CusCou�er Sectiazt a , a 0 m � � �+ V � � � � � � 3 �n �d � � �d i��+ O W °A L!� � � 3 a�i � �� s°a s"�, � � u � > A � rf • d N . .� O r-i � 3 0 p � A � O ti-1 � t�? +�-� O Rt 4� � O O � O � � � � � U � � d d � H�� W! �I ` ) _��-;1 ., �.,..-. . . ,:- . ,. . . ... .�� .. �� . t;;� W ` O J t� ,�,..:;+''� ' � t. . . , � �� f� 6 � � ��{� � � . . - s,�l � :: �j� u , . .: +i L', i t 3 , . �`�.� �� l�� . . � . _ � � �,� i ` � � � �� fi � �-�....� � ��`r L � �� . �5��:� `""` _.. ' � � � � �� . ; � � � . .�,, .�� ,� ��,:ti � e � � - , ! r r � � � I Kl ,� c; ' � :�- '�`�, � �� ---� � M I b>sa�n�, �`�._..� • �-,. �, , a � �� • - . �'�� '�`( �°,.---a�,v. � � ° � � � J l. X,�; �� i � `-� _ , t. ,�� '."T$ '',' '� .� �,,q (�l t � �� ' �� .�s' f �� `ti .�i : � � � � �# � � � �• � � `; , _ ��-�',��,�` � .� d ` �'ym � J� �y 'a.` i:� 'Y � F r � �� ' � �F� � � ��-� � _ a,. • � , ,�.1�},�,� � ��'�� • �' F' _ �,'}� �� '�y �� . ; . � ! rr�� l ` � " �`� � ' ( � � W�.�: '4 � . . . . . `e' ' �" �� x1'�} -. ( � � � � �,.,� �x r° � ^p ��li.^!1Y�'�''''��,,}} �. h .r� � . 4 �� '' ..� �fi-e�'+ � .��.� ��` K �. ,� e • � , �' f ��' �, ��-;��'� '� � � �^ �� p t , � � � � t' s� i- � ��': �`""�'.: � i � i ,� � �° F. ��.�.,.° � ` y" . .�.,� . _ » `:��"� `'�`` „ � . ��n;- � F.' � � ', � � � � •rI r-1 O � � � � � �"� �,,� ` �40 • O O ��t �,: � i �� n6� i Y� � w e, . ; � M � " p .�.� �Yn! .,: ; H � � � I 1 � � "'�.: r � � •� '� •� � 'i �'�A� �l t l \ � � C�l O� CO .N A� \. i ; cd cn O� O.� ; � nl r-I �4�0 1 ;' � t 1 1 � •" � � � � � �� •� � +� oA � � � 'Cf •�i R+ �� x � � x� A l3D RESOLUTION N0. A RESOLUTION ORDERING IMPROVEMENT, APPROVAL OF PLANS AND ADVERTISING FOR BIDS: STREET IMPROVEMENT PROJECT ST. �975-1OB (OVERLAY) WHEREAS, the City Council of the City of Fridley has estab- lished a policy of overlaying certain City s�reets based on need, and; WHEREAS, the City Engineer has submitted a plan showing the streets in need of overlaying, marked as Exhibit "A". N01V, THEREFORE, BE IT RESOLVED, by the City Council of the City of Fridley, Anoka County, Minnesota, as follows: 1. That the streets maxked black on the attached map be overlaid and the work involved in said improvement shall hereafter be designated as: STREET IM�-ROVEMENT PROJECT ST. 1975-1OB 2. The plans and specifications prepared by the City Engineer for such improvement and each of them, pursuant to the City action heretofore, a copy of which plans and specifications are hereto attached and made a part hereof, are hereby approved , and shall be filed with the City Clerk. 3. The work to be performed under STREET IMPROVEMENT PROJECT ST. 1975-1OB shall be performed under one contract. The City Engineer shall accordingly prepare and�cause to be inserted in the official newspaper advertisements for bids upon the making of such improvements urider such approved plans and specifications.� The advertisement shall be published for two (2) we�eks (at least 10 days), and sha11 specify the work to be done an�d will state that bids will be opened at 11:30 a.m. on Fxiday, the 18th day of July, 1975 in the Council Chambers of the City Hall, an�d that no bids wi11 be considered unless sealed and filed with the City Engineer and accompanied by a cash deposit, bid bond, or certified check payable to the City for five percent (50) of the � am�ount of such bid. That the advertisement for bids for STREET. IM:PROVEMENT PROJECT ST. 1975-1OB shall be substantially in form as th�at noted in Exhibit "B" attached hereto for reference and made a ;part hereof. ' �' ADi�PTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 7th DAY OF July , 1975. I' OR - WILLI J. NEE AT'TE ST : ' CI'TY CLERK - MARVIN C. BRUNSELL � ' � .. . . ly , , ' . :' NOTICE TO BIDDERS -- 14 A Sealed bids will be received and publicly opened by the Ci.ty of Fridley, An.oka County, Minnesota, at the office of the City Engineer, 6431 University Avenue Northeast, Fridley, Minnesota 55432 (Tel. 571-3450),. on the�l8th day of July, 1975 at 11:30 a.m. and will be considered by the City Council of the City of Fridley at a regular Council Meeting at 7:30 p.m. on the Zlst day of July, .1975.for the furnishing of work and materials for STREET IMPROVEMENT PROJECT ST. 1975-1OB. ' Th.e overlay project consists of overlaying about 0.43 miles of streets in different parts of the City and consists of the following principal items of work and approximate quantities. ' ' � 387.4 Gal. 48.45 Tons 745.�35 Tons Bituminous Material for Tack Coat (MC-250) Bituminous Material for Mixture (AG-1) 2341 Wearing,Course Mixture All in accordance with plans and specifications prepared by Riehard N. Sobiech,,P.E., Public-Works Director, Fridley City Hall, 6431 University Avenue Northeast, Fridley, Minnesota 55432. Telephone: 571-3450. ' Plans and specifications may be.examined at the Office of the Public Works Director and copies.may be obtained free of chaxge for the contractor's individual use by applying to the Public Works Director. Bids must be made on the basis of cash payment for woxk,and accom- panied by a cash deposit, certified check (on a responsible bank in the State of Minnesota), or a bidder's bond and made payable without condition to the City of Fridley, Minnesota, in an amount of not less than 50 of the total amount of the bid. The City Council reserves the right to reject any and all bids and to waive any informalities in any bids received without explanation. No bid may be withdrawn for a periad of thirty (30) days. By order of the City Council of �the City of Fridley, Minnesota. Dated this 7th day of July, 1975. Pu.blish: July 9, 1975 July 16, 1975 Richard N. Sobiech, P.E. 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I _ I _ � _ \\\ ._ ' � L-�� '� � � « I � � ~ I ' �\� \��... . _�• ��t� - • = . !M- .Y.� I . _ � ��q _ ` _s�T.l�� _ == -= i - _ � � \� �" � �= I�tl� _ _� _ :- ; __ � __ = —�.,— � p ; , � i =_�� `__ I = _.. .. I ^ - - \ � ! � _ `- _ - i " i r� l I� �. _ � Y��, I � _ � � r '., � ' � y � � . . F� Y�� '..' a � �� ..._ - - j -- ;� __.� � � �� = _ � I " i ' ' � -- � -_ ` ' 1 � I i � "' _ _' I ,y ' � IJ �" •. � � _ � �. � ' ` • ( " � I ! rr ,�I.� , I -J � �� . _ — -_ � .:�» .: i _' • I - ' / �:�:.�; .�:�:.I. _ = ---- __ _ =- ; �._.. .� _` _ ___- . ._ � __-. �' -�`:,- � =� : :: __ • - =_ �-: = : ; — I 4, . . _ . ' ,I' / n_�� - $TREET MAP-CITY OF = ��' � / ' _� _.. ,__ �� ,f ' �1 �RIDLjEY r^ — -� L � iu �_.. 1��..�---�r-- �' • _.=%.d ..�.. ' e�., n i ►c. .. 0. _ �yy . . �m w w�wrv �w�w . i � `' x•u = = a . �----- - w N � , � .. — cirr oF srtm�cr e� ',Y .,............a. ; �- .._ �� ~ �. 'GC_� �..�.I .^ an i � � e� _ ��u � � .-� iL I�U,i�l�li�•il �� . 1 �� 3 � I� V eH'".d 14B 0 ST. 1975-1OB TREET IMPROVEMENT PROJECT LOCATION MAP , � RESOLUTION N0. �� LJ' ' I ' ' A RESOLUTION ADOPTING A BIKEWAY/WALKWAY SYSTEMS PLAN FOR THE CITY OF FRIDLEY WHEREAS, the use of bikeways and walkways has become increasingly important as a significant mode of transportation within the City of Fridley; and . WHEREAS, planning for bicycles and pedestrians has become increasingiy important and the need for developing a systematic, practical and comprehensive approach to a full range of bicycle and pedestrian related issues is required to prov�ide a safe, effici�nt and enjoyable bikeway/walkway system; and WHEREAS, a bikeway/walkway system will provide an improved level of safe�ty to ensure the health and welfare.of the pedestrian, bicyclist and the motoiri st; and � WHEREAS, it is important to pravide and maintain a system to achieve a high recr��ation potential; and WHEREAS, a bike�ray/walkway system will promote and enhance environmental and ecoli�gical awareness; and • 'WHEREAS, the bikeway/walkway system is proposed to be flexible in impiementation whicl'n will allow modifications to provide compatability with new and existing development; and ' ' WNEREAS, the Bikeway/Walkway Systems Plan has been prepared by the City of Fridley Planning Department in cooperation with a Citizen Bikeway/Walkway Committee. The plan has been reviewed and modified after public hearings were held before the Committee and�the City Council. NOW THEREFORE, BE IT RESOLVED, that the City Council of the City of Fridley adopts the Bikeway/Walkway Systems Plan attached as Exhibit A. BE IT FURTHER RESOLVED, that the City Council of the City of Fridley has the right to review and modify the plan in order to provide a systematic imple- mentation and fair assessment of casts. ' ADOPTED BY 7HE CITY COUNCIL OF THE CITY OF FRIDLEY THIS _ , 1975. ATTEST: CITY CLERK - MARVIN C. BRUNSELL ' . ' MAYOR - WILLIAM J. NEE � DAY OF 0 0 � BIK'�WAY/tJALKWAY ADOPTED RECOMMENDATIONS ' M� C, � �� . � . . .� : • . . . . . , . : . � f . 2: A elose look at the difficu�t pedestrian movement:at the intersect�on o�F Osborne .. and Eas� River Road. The free right movement off of East River Road and the � mandator turnin of traffic off of Osborne cause an im ossib e s' � � a ' I,� y g - '. . p. 7 tu t� on -For : . . .. pedestrian traffic. . . . . . . . - . . . . , � _. l5 A • 1. �� reevaluation of.the•traffic signal timing in order to allow.more �ime for - pedestrian and b�cycle movemen�. This is especially important at intersections , �: such as Nighway �f47 and 61is5issippi Street, Highway �f65 and Old Central, Osborne and East River Road etc � . � � � � � .� 3. The development of a ca;�trolled access point a� 79th 4fay and East River Road to ' �. ::�a11ow access to the Bikeway system from I�eighborhood #2. For safety reasans, a .� _� full signalizati�on should be installed. . � .. � . � . � . � . .. . . . .. . . _ ; �J 4.. ,A more aggress�ive enforcement of the bi cycl e ordi nances recommended i n thi s p1 an. � � "fhe Committee fee1s that a system is as safe as the�people who use the system, and :the enforcement of its regulations. � � . � � _ . � 5:. - . 6. �' ' That automobile parking be removed from.Osborne Road, Old Ceniral Avenue, riiss7ss�-- IPA� Str�e-� and Rice Creek Road firom Old Central Avenue to the residential prapertie •,just west of Hight�ray �65. 7ha� parking on 1�est P�aore Lake Drive south of the :5eni or Hi gh School and west of Hi ghsvay �65 be 7 imi ted to one s i de of the street ronly, and that all other s�ree�s having an on street bicycle lane, be subject to 'limited time restric�ions, :e�th�r.by hour, month or both. � -, j. ; _ . . . - ; 'fhe development of an aggress7ve bicycle educatian program to start as soon as � ��ossi6le, malcing use of the schools and adult education programs to proma�e .>afety requi rements. . - - � � . . . _ - � � . � . - . , � . . . . ' 7. ifhe development of bieycle oriented recreation proqrams that a�ill encourage safe ' bicycle usage, such as scheduIed bike trips, bike rodeos, bike.races, eic. 8. � lfhe encouragement of bicycle use for numerous �short �rips to shapping areas, iriork, _, `��<.>chaols and recreaiion facilities, by its promotion to the residents through the City's numerous mailings and pub7ic access programs. . . '. 9. lfhat the development of the bike paths in areas a7ong the Mississippi River, Rice Creek, �lorth Park, etc., be.sensitive to the natural environment and preserve the iintegrity of the areas they go through. .�. ��: . ,. . 10�. 1'hat the first�stage of the system be set up as a pilot to the �otal project in trrder to monitor ihe extent of system use and to promote the idea of safe bicycliny � 1;o the residenfis of the community. :. . 11. 7'hat the'City �•Jark closely t•iith adjacent communities and the State to promote. i' �►icycle usage, provide interconnecting systems, and promote safe access to schools ,loc�ted outside of ihe municipality. �. ., 12. That the Citizen Qikeway/Walkway Committee continue as an operating committee to meet at least t«ice a year to review the bikeway/walkway sys�em and � make recommendations to the City Council. It would also act as an area representative group for continued community interaction and a channeiing body for bike-related problems or issues. ' . 13. That direct assessment to the affected property owners would not be used to �'unci the system.. Xnstead, Federal, S�ate, Metropolitan and lacal source�s be inves�igated for.the total system funding. I. . ... . . . r .. .. . . � Bikeway/Walkway�Adopted Recommendations '. � � . � B � Page 2 , . ' �.4. . Al l E�i cycl e. rel ated revenue shoul d be used for the devel opment and mai ntenance �� of the bikeway system, except �he: license fees which are for administ- �� rative costs. . . . � .�'. �.5.. The assessment poiicy for residential properties along County roads is to �t be that the property owner Urill not be assessed more than a narmal ;j , residential street assessment for all the facilities like roadway, curbing ;� and sidewalk. =j - ' � � �I � 16. That if the location of the bikeway on Robert Louis Stevenson School e . property creates a problem for the people along the waikway on River Edge � � � Way, further control treatment on the bikeway should be taken. . 4; . �i � � - !a , ... . - . . . . . ' . . � . . . , ' � YI �I � � , � . - . � f; .' . . .. _ . : _ . . . . . . . � . � ,; �; : . . �' � 1 � . .. ', � . .� � �' _ : . .. . : , � : . �. . � . � . . . . . . . ;� . . . �� . . , � . . .. . . � ,�. . : . . _- - - � . � : � �. . . . � - � � � � ' � . . � . . . ; ' - . . . . . . ;. ' . .. ' . : . . � ' � • ; � . , i ' . • . ± : � . , ' _ . , ` . . � , . ; . ( . ' � -. .. . . ' . � . � ' . . � . . . . i � ' � � ' .' . . . � . _ • • . . . . , • . � .. ' _ �• . � . � . . . . • . , . . . ' • y � •' ' ' f � - . � ' . . � � � < . . � � . . . � - . . . � 4 .' ' t �` e • f ' . . . . . . . •. ' . . 1 RESOLUTION N0. - 1975 RE:50LUTION DIRECTING PREPARATION OF ASSESSMENT ROLL FOR SANITARY SE4JER,.WATER, ANID STORM SEWER IMPROVEMENT PROJECT N0. 116 � BE IT RESOLVED by the City Council of the City of Fridley, Anoka County, Minne- so�ta, as fal l ows : 1. It is hereby determined that the assessable cost of construction with respect to the following named improvement, to-wit: . SANITARY SEWER, WATER, AND STORM SEWER IMPROVEMENT PROJECT N0. 116 including all incidental expenses thereto is estimated at $ 2. The City Clerk shall forthwith calculate the proper amounts to be specially assessed for said improvement against every assessable lot, piece, or parcel of land benefited by said improvement according to law. PA>SED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAl! OF , 1975. . ATl'�ST: CI1"Y CLERK Marvin C. Brunsell MAYOR William J. Nee l6 0 RESOLUTION N0. _ - 1975 A RESOLUTION DIRECTING PUBLICATION OF HEARING ON PROPOSED ASSESSMENT ROLL FOR SANIT'ARY SEWER, WATER, AND STORM SEWER IMPROVEMENT PROJECT N0. 116 WHERE:AS, by a resolution passed by the Council on , 1975, the Gity Clerk was directed to prepare a proposed assessment of the cost of improvements including water and sanitary sewer mains, laterals, and service connE�ctions, storm sewer and drainage facilities, and related appurtenances. WNERE=AS, the Clerk has notified the Council that such proposed assessment roll has been completed and filed in his office for public inspection. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Fridley, Anok�a County, Minnesota, as follows: • 1. The Council shall meet at the City Hall in the City of Fridley, Anoka County, Minnesota, on the llth day of August , 1975,'at 7:30 P.M. to pass upon the proposed assessment for SANITARY SEWER, WATER, AND STORM SEWER IMPROVEMENT PROJECT N0. 116 2. The City Clerk shall publish notices of the time and ' place of ineeting in the official newspaper of.the City at least two (2) weeks prior to such meeting. ' '. PASaED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS ' ' � I ' � ' DAY OF ATT EST : 1�975. CIIiY CLERK ' Marvin C. Brunsell MAYOR William J. Nee � MEMO T0: NASIM QURESHI, CITY MANAGER, AND CITY COUNCIL FROM: MARVIN BRUNSELL, ASSISTANT CITY MANAGER/FINANCE DIRECTOR � SUBJECT: RESOLUTIONS COMBINING SPECIAL ASSESSMENTS FOR THE JULY 7, 1975 AGENDA DATE: JULY 1, 1975 All Res.olutions combini-ng special assessments on the July 7 Agenda have been requested by Anoka County. Appraval of the combination of lots is not required by the City. We are now requesting that the special assessments be combined. MCB eh _. 18 RESOLUTION N0. - 1975 '� A RESOLUTION AUTHORIZING AND DIRECTING THE COMBINING OF SPECIAL ASSESSMENTS ON Lot 4, PARCEL 40 AND LOT 5, PARCEL 50, BLOCK 1, OAK GROVE ADDITION WHEREAS, certain special assessments have been levied with respect to certain land and said land has subsequently been combined. NOW, THEREFORE, BE IT RESOLVED as follows: , That the assessments levied against the following descrbied parcels, to-wit: Lot 4, Parcel 40 and Lot 5, Parcel 50, Block 1, Oak Grove Addition, may and shall be apportioned and combined as follows: ORIGINAL PARCELS FUND ORIGINAL AMOUNT Lot 4, Blk 1, Parcel 40 Reg SA Paid Oak Grove SW #26 $ 558.80 St 1966-1 71•20 St 1966-1 400.80 Lot 5, Blk 1, Parcel 50 Reg SA _ Paid Oak Grove SW #26 � 715.92 St 1966-1 71•20 St 1966-1 400.80 �2,218.72 COMBINATION OF PARCELS FUND Lots 4& 5, Blk 1, Parcel 45 Reg SA Oak Grove SW #26 St 1966-1 St 1966-1 ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS OF 1975. � ATiES7: CITY CLERK - Marvin C. Brunsell MAYOR - WILLIAM J. NEE 0 Paid $ 1,274.72 142040 801.60 2,218.72 DAY • � � � � RESOLUTION N0. - 1975 A RESOLUTION AUTHORIZING AND DIRECTING THE COMBINING OF SPECIAL ASSESSMENTS ON U�T 10, PARCEL 100 AND LOT 11, PARCEL 110, BLOCK l, OAK GROVE ADDITION . WIiEREAS, certain special assessments have been levied with respect to certain l+�nd and said land has subsequently been combined. . NIJW, THEREFORE, BE IT RESOLVED as follows: Tihat the assessments levied against the following described parcels, to-wit: Li�t 10, Parcel l00 and Lot �1, Parcel 110; Block 1, Oak Grove Addition, may ai�d shall be apportioned and combined as follows: OI�IGINAL PARCELS FUND ORIGINAL AMOUNT Li�t 10, Blk 1, Parcel 100 Reg SA Paid 0<�k Grove � SW #26 $ 558.80 St 1966-1 71.20 St 1966-1 400.80 Lc�t 11, Blk 1, Parcel 110 Reg SA Paid� O��k Grove SW #26 715.92 St 1966-1 71•20 S� 1966-1 400.8� . 2,218.72 C�MBINATION OF PARCE�S FUNQ Lc�ts 10 & 11, Blk 1, Parcel 105 Reg SA 0<�k Grove SW #26 St 1966-1 St 1966-1 AI)OPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 1975. A'fTESS: MAYOR - WILLIAM J. NEE C:[TY CLERK - Marvin C. Brunsell 0 Paid $ 1,274.72 142.40 801.60 2,218.72 � DAY � RESOLUTION N0. - 1975 . A RESOLUTION AUTHORIZING AND3DIPARCELG130E B�OCKNjNGOAK GROVEAADDITIONMENTS ON LO1� 12, PARCEL 120 AND LOT 1, WHEREAS, certain special assessments have been levied with respect to certain land and said land has subsequently been combined. N01�, THEREFORE, BE IT RESOLVED as follows: Th�at the assessments levied139aParce1h130>161ock91ae0ak�GroveaAddition� may� Lot 12, Parcel 120 and Lot , and shall be apportioned and combined as follows: ORIGINAL PARCELS FUND ORIGINAL AMOUNT Lot 12, Blk 1, Parcel 120 Reg SA Paid Oak Grove SW #26 $ 558.80 St 1966-1 71.20 St 1966-1 400.80 Lc�t 13, 61 k i, Parcel 130 Reg SA Pai d O��k Grove SW #26 715.92 St 1966-1 71.20 St 1966-1 � 400.80 . 2,218.72 COMBIPJATION OF PARCELS FUND ' L��ts 12 & T3, B1k 1, Parcel 125 Reg SA O�ak Grove SW #26 1 • St 1�66-1 St 1966-1 ' � ' , ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 1975. ATTEST: iCITY CLERK - Marvin C. Brunsell ' . MAYOR - WILLIAM J. NEE Paid $ 1,274.72 142.40 801.60 � 2,218.72 DAY � ' ' ' � � � ' ' , ' ' � � ' ' � � ' RESOLUTION N0. - 1975 `� A RESOLUTION AUTHORIZING AND DIRECTING THE COMBINING OF SPECIAL ASSESSMENTS ON LOT 14, PARCEL 290 AND LOT 15, PARCEL 300, BLOCK 2, OAK GROVE ADDITION WMEREAS, certain special assessments have been levied with respect to certain land and said land has subsequently been combined. NOW, THEREFORE, BE IT RESOLVED as fallows: That the assessments levied against the following described parcels, to-wit: Lot 14, Parcel 290 and Lot 15, Parcel 300, Block 3, Oak Grove Addition, may and shall be apportioned and combined as follows: ORIGINAL PARCELS FUND ORIGINAL AMOUNT Lot 14, Blk 2, Parcel 290 Reg SA Paid Oak Grove SW #26 $ 637.36 5t 1966-1 71.20 • St 1966-1 275.20 Lot 15, Blk 2, Parcel 300 Reg SA . Paid Oak Grove SW #26 . 637.36 St 1�966-1 151.30 St 1966-1 275.20 2,047.62 COMBINATION OF PARCELS FUND Lots 14 & 15, Blk 2, Parcel 295 Reg SA aak Grove SW #26 St 1966-1 St 1966-1 Paid $ l ,274.72 222.50 550.40 $ 2,047.62 ADOPTED BY THE CITY COUNCIL OF TH� CITY OF FRIDLEY THIS DAY p�E 1975. . A,TTEST : C�ITY CLERK - Marvin C. Brunsell MAYOR - WILLIAM J. NEE � i � . � , � r , , , , , , , � ' ' RESOLUTION N0. - 1975 -- � F1 RESOLUTION AUTHORIZING AND DIRECTING THE COMBINING OF SPECIAL ASSESSMENTS ON LAT 9, PARCEL 540 AND LOT 10, PARCEL 550, BLOCK 3, OAK GROVE ADDITION 41HEREAS, certain special assessments have been levied with respect to certain lland and said land has subsequently been combined. NOW, THEREFORE, BE IT RESOLVED as follows: lfhat the assessments levied against the following described parcels, to-wit: l_ot 9, Parcel 540 and Lot 10, Parcel 550, Block 3, Oak Grove Addition, may ��nd shall be apportioned and cambined as follows: tJRIGINAL PARCELS FUND ORIGINAL AMOUNT I_ot 9, Blk 3, Parcel 540 Reg SA Paid I�ak Grove SW #26 $ 637.36 St 1966-1 71.20 . St 1966-1 400.80 Lot 10, B1k 3, Parcel 550 Reg SA Paid �Oak Grove - SW #26 637.36 � � St 1966-1 7�:2� St 1966-1 400.80 2,218.72 COMBINION OF PARCELS FUND Lots 9& 10, Blk 3, Parcel 545 Reg SA Paid Oak Grove SW #26 $ 1,274.72 St 1966-1 142.40 St 1966-1 801.60 2,218.72 ADOPTED BY THE CITY COUNCIL OF TNE CITY OF FRIDLEY THIS OF 1975. ATTEST: ,CITY CLERK - Marvin C. Brunsell MAYOR - WILLIAM J. NEE DAY RESOLUTION N0. - 1975 -- A RESOLUTION AUTHORIZING AND DIRECTING THE COMBINING OF SPECIAL ASSESSMENTS ON S,. 9' OF LOT l, PARCEL 355 AND N. 77' OF LOT 2, PARCEL 400, BLOCK 2, RIVERWOOD MI�NOR ADDITION WIiEREAS, certain special assessments have been levied with respect to certain 1<�nd and said land has subsequently been combined. NOW, THEREFORE, BE IT RESOLVED as follows: That the assessments levied against the following described parcels, to-wit: S„ 9' of Lot l, Parcel 355 and N. 77' of Lot 2, Parcel 400, Block 2, R�iverwood Manor Addition, may and shall be apportioned and combined as follows: ORIGINAL PARCELS FUND ORIGINAL AMOUNT S,. 9' of Lot 1, Blk 2, Reg SA Paid P<�rcel 355, Riverwood Manor SW #13 $ 24.68 SW #67 142.74 St 1965-1 73.80 N,. 77' of Lot 2, Blk 2 Reg SA Paid P<�rcel 400, Riverwood Manor SW #13 236.05 SW #67 1,447.48 St 1965-1 � 631.40 . 2,556.15 COMBINATION OF PARCELS FUND S,.9' of Lot 1 and N.77' Of �ot 2, Reg SA B'Ik 2, Parcel 380, SW #13 R�iverwood Manor SW #67 � St 1965-1 Paid $ 260.73 1,590.22 705.20 2,556.15 AI)OPTED BY THE CITY COUNGIL OF THE CTTY�OF fRIDLEY 7HIS DAY 1975. A'TTEST: CITY CLERK - Marvin C. Brunsell - MAYOR - WILLIAM J. NEE � �� ' 2� RESOLUTION N0. - 1975 ' A RESOLUTION AUTHORIZING AND DIRECTING THE COMBINING OF SPECIAL ASSESSMENTS ON ,, LOT 33, PARCEL 165, LOT 34, PARCEL 170, LOT 35, PARCEL 175 AND LOT 36, PARCEL 180, I BI.00K A, RIVERVIEW HEIGHTS ADDITION � � ' �_� , � WHEREAS, certain special assessments have been levied with respect to certain l��nd and said land has subsequently been combined. NOW, THEREFORE, BE IT RESOLVED as foilows: That the assessments levied against the following described parcels, to-wit: Lot 33, Parcel 165, Lot 34, Parcel 170, Lot 35, Parcel 175 and Lot 36, Parcel 180, 6'lack A, Riverview Neights, may and shal7 be apportioned and combined as follows: 012IGINAL PARCELS Li�t 33, Blk A, Parcel 165 Riverview Heights L��t 34, Blk A, Parcel 170 Riverview Heights Lot 35, Blk A, Parcel 175 Riverview Heights Lot 36, Blk A, Parcel 180 Riverview Heights COMBINATION OF PARCELS L.ots 33-36, Blk A, Parcel 185 �;iverview Heights FUND Reg SA SW #13 SW #21 St 1967-1 Reg SA SW #13 SW #Z1 St 1967-1 Reg SA SW #13 SW #21 St 1967-1 Reg SA SW #13 SW #21 St 1967-1 FUND .. Reg 5A SW #13 SW #21 St 1967-1 ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS OF I975. , I�TTEST: i iCITY CLERK - Marvin C. Srunsell ' I '. � MAYOR - WILLIAM J. NEE ORIGINAL AMOUNT Pai d $ 28.24 Paid 145.22 Paid 28.24 Paid 145.22 Paid 38.01 362.82 205.50 Paid 38.01 362.82 205.50 1,559.58 Paid $ 132.50 725.64 701.44 1,559.58 DAY ' � RESOLU7ION N0. - 1975 �� A RESOLUTION AUTHORIZING AND DIRECTING THE COMBINING OF SPECIAL ASSESSMENTS ON ' UOT 13, PARCEL 620, LOT 14, PARCEL 625, LOTS 15 & 16, PARCEL 635 AND E. 12' OF L�T ]7, PARCEL 640, BLOCK D, RIVERVIEW NEIGHTS ADDITIQN � . � ' WINEREAS, certain special assessments have been levied with respect to certain l�and and said land has subsequently been combined. N�W, THEREFORE, BE I7 RESOLVED as fo]lows: Tlhat the assessments levied against the following described parcels, to-wit: L��t•13, Parcel 620, Lot 14, Parcel 625,, Lots 16 & 16, Parcel 635 and E.12` of L��t 17, Parcel 640, Block D, Riverview Heights Addition, may and shall be a�pportioned and combined as follows: , OIRIGINAL PARCELS L�t 13, Bik D, Parcel 620 , Riverview Heights w L��t 14, Blk D, Parcel 625 , Riverview Heights Li�ts 15 & 16, Blk D, Parcel 635 - L��t 17, Blk D, Parcel 640 CI)MBINATION OF PARCELS Li�ts 13-16 & E.12'of 17, B'1 k p, Parcel 621 R�iverview Heights FUND Reg SA SW #13 SW #21 St 1966-1 Re� SA SW #13 SW #21 St i966-1 Reg SA SW #13 SW� #21 St 1966-1 Reg SA SW #13 SW#21 St 196b-1 FUND Reg SA SW #l3 SW #21 St 1966-1 ORIGINAL AMOUNT Paid $ 35.00 61.50 192.25 Pa id 35.00 61.50 192.25 Paid 70.00 684.55 384.50 Paid Paid Pa i d Paid 1,716.55 Paid $ 140.00 807.55 769.00 1,71fi.55 ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OIF � 1975. A'fTEST: CTTY CLERK - Marvin C. Brunsell MAYOR - WILLIAM J. NEE � - ' ��,-- RESOLUTION N0. - 1975 A RESOLUTION AUTHORIZING AND DIRECTING THE COMBINING OF SPECIAL ASSESSMENTS ON 26 LCIT 49, PARCEL 80�, LOT 50, PARCEL 8a5 AND LOT 51, PARCEL 810, BLOCK D, R1.VERVIEW HEIGHTS ADDITION � . W��EREAS, certain special assessments have been levied with respect to certain 1�►nd and said land has subsequently been combined. N()W, THEREFORE, BE IT RESOLVED as follows: Tl�at the assessments levied against the following described parcels, to-wit: Li�t 49, Parcel 800, Lot 50, Parcel 805 and Lot 51, Parcel 810, Block D, R�iverview Heights Addition, may and shaii be apportioned and combined as follows: 0'RIGINAL PARCELS FUND ORIGINAL AMOUNT L�ot 49, Blk D, Parcel 800 Reg SA Paid Riverview Heights SW #13 $ 35.00 248 69 Lot 50, Blk D, Parcel 805 R,iverview Heights l,ot'51, Blk D, Parcel 810 P;iverview Heights (:OMBINATION OF PARCELS l.ats 49-51, Blk D, Parcel 801 ftiverview Heights SW #21 St 1966-1 St 1966-i Reg SA SW #13 SW #21 St 1966-1 Reg SA SW #13 SW #21 St 1966-1 FUND Reg�SA SW #13 SW #21 � St 1966-] St 1966-1 34.50 192.25 Paid 35.00 248.69 192.25 Paid 35.00 248.69 192.25 1,462.32 Paid $ 105.00 746.Q7 34.50 576.75 1,462.32 ADOP7ED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THiS �DAY OF 1975. - MAYOR - WILLIAM J. NEE ATTEST: CITY CLERK - Marvin C. Brunsell 0 ' ' ' � ' ' • ' � ' I ' ' RESOLUTION N0. - i975 - v A 6tESOLU7I0N AUTHORIZING AND DIRECTING THE COMBINING OF SPECIAL ASSESSMENTS ON LOIi 52, PARCEL 815, LOT 53, PARCEL 820, LOT 54, PARCEL 825•AND LOT 55, PARCEL 83Q, BLOCK D, RIVERVIEW HEIGHTS ADDITTON WHCREAS, certain special assessments have been levied with respect to certain �ai�d and said land has subsequently been combined. N01�1, THEREFORE, BE IT RESOLVED as follows: That the assessments levied against the following described parcels, to-wit: Lot 52, Parcel 815, Lot 53, Parcel 820, Lot 54, Parcel 825 and Lot 55, Parcel 830, Block D, Riverview Heights Addition, may and sha�l be apportioned and combined as follows: OR.IGINAL PARCELS Lo�t 52, Blk D, Parcel 815 Riverview Neights Lot 53, Blk D, Parcel 820 Riiverview Heights Lc�t 54, B1 k D, Parcel 825 R�iverview Neights L�ot 55, Blk D, Parcel 830 Riverview Heights COMBINATION OF PARCELS L"ots 52-55, Blk D, Parcel 816 P;iverview Meights FUND Reg SA SI� #13 Sld #21 St 1966-1 Reg SA SW #13 � SW #21 St 1966-1 Reg SA SW #13 SW #21 St 1966-1 Reg SA SW #13 SW #21 St 1966-1 FUND. Reg SA SW #13 SW #21 St 1966-1 ORIGINAL AMQUNT Paid $ 35.00 201.89 192.25 Paid 35.00 201.89 192.25 Paid 35.00 201.89 192.25 Pai d 35.00 201.89 192.25 1,716.56 Paid $ 140.00 807,56 769.00 1,716.56 1'�DOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY ��F 1975. ATTEST: CITY. CLERK - Marvin C. Brunsell MAYOR - WILLIAM J. NEE i ' . ' , �' ' � , � ' ' ' ' t RESOLUTION N0. - 1975 -- A RESOLUTION AUTHORIZING AND DIRECTING THE COMBINING OF SPECIAL ASSESSMENTS ON L0�7 25, PARCEL 975 AND LOT 26, PARCEL 980, BLOCK,E, RIVERVIEW HEIGHTS ADDITION W�EREAS, certa�n special assessments have been ]ev�ed with respect ta certain land and said land has subsequently been combined, NaW, THEREFORE, BE IT RESOLVED, as fo7lows: Thiat the assessments levied against the following described parcels, to-wit: Lat 25, Parcel 975 and Lot 26, Parcel 980, Block E, Riverview Heights Acldition, may and shall be apportioned and combined as fol]ows: OfrIGINAL PARCELS FUND ORIGINAL AMOUNT Lot 25, Blk E, Parcel 975 Reg SA Paid RUVerview Heights SW #13 $ 35.00 � SW #21 201.89 . 1966 SC 182.51 St 1966-1 55.25 St 1966-1 192.25 Lot 26, Blk E, Parcel 980 Reg SA Paid' R�iverview Heights SW #13 35.00 SW #21 201.89 1966 SC 182.50 St 1966-1 55.25 � St 1966-1 192.25 1,333.79 CqMBINATION OF PARGELS FUND L��ts 25 & 26, B1k E, Parcel 976 Reg SA Paid Riverview Heights SW #13 $ 70.00 SW #21 403.78 _ 19fi6 SC 365.01 � St ]966-1 110.50 St 1966-1 384.50 �1,333.79 ADOPTED BY THE CITY C011NCIL OF THE CITY OF FRIDLEY THIS DAY �975. � A,TTEST: CITY CLERK - Marvin C. Brunsell MAYOR - WILLIAM J. NEE a �. - � RESOLUTION N0. - 1975 -� A RESOLUTION AUTHORIZING AND DIRECTING THE COMBINING OF SPECIAL ASSESSMENTS ON LOT 44, PARCEL 1070, LOT 45, PARCEL 1075 and lats 46 & 47, PARCEL 1085, Bl_OCK E, RIVERVIEW HEIGHTS ADDITION WHEREAS, certain special assessments have been levied with respect to certain l��nd and said land has subsequently been combined. NI)W, THEREFORE, BE IT RESOLVED, as follows: Tfnat the assessments levied against the following described parcels to-wit: L��i 44, Parcel i070, �ot 45, Parcel 1075 and Lots 4b & 47, Parce] ]085, B]ock E, Riverview Heights Addition, may and shall be apportioned and combined as follows: OIRIGINAL PARCELS FUND ORIGINAL AMOUNT L��t 44, Blk E, Parcel 1070 Reg SA Paid Riverview Heights SW #13 $ 35.00 SW #21 342.28 St 1966-1 55.25 St 1966-1 192•25 L�ot 45, Blk E, Parcel 1075 Reg SA Paid Riverview Heights SW #13 35.00 SW #21 . 342.28 �St 1966-1 55.25 St 1966-1 � 192.25 Lots 46 & 47, Blk E, Parcel 1085 Reg SA Paid Riverview Heights SW #13 70.00 SW #21 684.55 St 1966-1 110.50 � St 1966-1 384.50 . 2,499.11 COMBINATION OF PARCELS FUND Lots 44-47, B1k�E, Parcel 1071 Reg SA Paid R,iverview Heights SW #13 $ 140.00 � SW #21 1,369.11 St 1966-1 221.00 St 1966-1 769.00 2,499.11 ' P►DOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 1975. ' ' ATTEST: I;ITY CLERK - Marvin C. Brunsell � MAYOR.- WILLIAM J. NEE DAY �: RESO�UTION N0. - 1975 ` A RESOLUTION AUTHORIZING AND DIRECTING THE COMBINING OF SPECIAL ASSESSMENTS ON LI�TS 9& 10, PARCEL 1200 AND LOT li, PARCEL 1205, BLOCK F, RIVERVIEW HEIGHTS WI-IEREAS, certain special assessments have been levied with respect to certain l,and and said land has subsequeniiy been combined. N�OW, THEREFORE, BE IT RESOLVED, as follaws: That the assessments levied against the following described parcels, to-wit: Lots 9& 10, Parcel 1200 and Lot 11, Parcel 1205, Block F, Riverview Heights Addition, may and shall be apportioned and combined as follows: ORIGINAL PARCELS FUND ORIGINAL AMOUNT Lots 9& 10, Blk F, Parcel 1200 Reg SA Paid R;iverview Heights SW #13 $ 84.01 SW #21 521.98 St 1966-1 Pa�� l.ot 11, Blk F, Parcel 1205 Reg SA . - Paid F;iverview Heights SW #13 . 35.00 SW #21 248.69 St 1966-1 Paid 889.68 COMBINATION OF PARCELS FUNQ t_ots 9-11, Blk F, Parcel 1201 Reg SA Paid Riverview Heights SW #13 - $ 119.01 SW #2] 770.67 St 1966-1 Paid 889.68 �ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY 1975. MAYOR - WILLIAM J. NEE � ATTEST: CITY CLERK - Marvin C. Brunsell �`•J I� , I ' . :� � ' ' � �� r :� II ' , RESOLUTION N0. - 1975 -� A RESOLUTTON AUTHORIZING AND DiRECTING THE COMBINING OF SPECIAL ASSESSMENTS ON 3� L�T i5, PARCEL 1225, LOT 16, PARCEL 1230 AND LOT 17, PARCEL 1235, BLOCK F, RIVERVIEW HEIGHTS ADDITION W�EREAS, certain special assessments have been levied with respect to certain l,and and said land has subsequently been combined. N�DW, THEREFORE, BE IT RESOLVED, as follows: � That the assessments levied against the following described parcels, to-wit: L�ot' 15, Parcel 1225, Lot 16, Parcel 1230-and Lot 17, Parcel 1235, Block F, Riverview Heights Addition, may and shall�be apportioned and combined as follows: ORIGINAL PARCELS FUND ORIGINAL AMOUNT Lot 15, Blk F, Parcel 1225 Reg SA Paid Riverview Heights SW #13 $ 35.00 SW #21 248.69 - St 1966-1 192.25 Lot 16, Blk F, Parcel 1230 Reg SA Paid RiverView Heights SW #13 35.00 , - SW #21 248.69 St 1966-1 192.25 Lot 17, Bik F, Parcei 1235 Reg SA Paid Riverview Heights SW #13 35.00 SW #21 248.69 St 1966-1 192.25 � 1,427.82 COMBINATIQN OF PARCELS FUND Lots 15-17, Blk F, Parcel i226 Reg SA Paid R;iverview Heights SW #13 $ 105.00 SW #21 746.07 St 1966-1 576.75 _ .� . ,-.�. ...� P►DOPTED BY TNE CITY COUNCIL OF THE GITY OF FRIDLEY THIS DAY 1975. � ATTEST: CITY CLERK - Marvin C. Brunsell MAYOR - WTLLIAM J. NEE C � ' ' ,� . RESOLUTION N0. - 1975 A RESOLUTION AUTNORIZING AND DIRECTING THE COMBIPdING OF SPECIAL ASSESSP�1ENTS ON 32 LOT 44, PARCEL 1370, LOT 45, PARCEL 1375 AND LOTS 46 & 47, PARCEL 1385, SLOCK �, RIVERVIEW HEIGHTS ADDITION . WHEREAS, certain special assessments have been levied with respect to certain land and said land has subsequently been combined. NOW, THEREFORE, BE IT RESOLVED as follows: That�the assessments levied against the following described parcels, to-wit: ' Lot 44, Parcel 1370, Lot 45, Parcel 1375'an.d Lots 46 & 47, Parcel 1385, Block F, Riverview Heights Addition, may and shall be apportioned and combined as follows: ORIGINAL PARCELS Lot 44, Blk F, Parcel 1370 Riverview Heights Lot, 45, Blk F, Parcel 1375 _ Riv�erview Heights Lot:s 46 & 47, Blk F, Parcel 1385 Ri v�ervi ew Hei ghts ' COh1BINATION OF RARCELS Loi:s 44-47, Blk F, Parcel 1371 Ri�rerview Heights FUND Reg SA SW #13 SW #21 St 19fi6-1 St 1966-1 Reg SA SW #13 SW #21 St 1966-1 St 1966-1 Reg SA SW #13 SW #21 St 1966-1 St 1966-1 FUN� Reg SA SW #13 SW #21 St 1966-1 St 1966-1 ORIGINAL AMOUNT Paid $ 35.00 . 201.89 55.25 192.25 Pai d 35.00 201.89 55.25 192.25 Paid 70.00 403.78 110.50 384.50 1,937.56 Paid $ 14Q.00 8�7.56 221.00 769000 1,937.56 ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIQLEY THIS DAY OF 1975. OR - ILLIAM J. NEE AT'TEST : CI'TY CLERK - Marvin C. Brunsell ' � � . . . r � -- �. � � ' APPOINTMENT FOR CITY CQUNCIL CONSIDERATION - JULY 7, 1975 � �REP A E NAME POSITION SALARY EFFECTIVE DATE L C S ' Jill R. McInnes Police Service $702 June 30, 1975 Steven Eggert 5207 Brighton Ln. Technician per New E�righton, Mn. � Month ' 55112 - � � ' . � � ' ' . . ' � ' , , . . . ' . ' . � � � . ' ' ' . _ ' � ' � � . . . _ .,�„�. ,.�, '' LIST OF LICENSES� BE APPROVED BY THE CITY COUNCIL AT THE MEETING OF JULY 7, 1975 _ . � . ,� ' TYPE,OF LICENSE BY APPROVED BY , CIGARETTE , �� Cub, Inc. � E.R. Thuseson Public Safety Director 250 Osborne Road �Ground�Round Fred Dohlin 'Public Safety Director 5277 �Centrat Avenue � Moore Lake Union 76 Lee Hau en 9 Public Safety Director 5695 14ackmann Avenue , Skywo��d Cleaners Frank Casale Public Safety Director ' S251 Central Avenue _ . ' FOOD E:STABLTSHMENT � Totinc�'s.Finer Foods, Inc.-Loren R: Bogen Health Inspector � 7350.Commerce Lane N.E. � S�RVICE STATION 'Dick'-s North Star � Richard Hennessey Health Inspector 4040 Mlarshall Street' ' Moore Lake Union 76 Lee Haugen Health Inspector � 5695 Hackmann Avenue ,, VENDING MACHINES ,. Assurance Manufa cturing Mary L. Hebert Health Inspector 7753 B�eech Street , Moore.ILake Union 76 � Lee Haugen . Health Inspector 5695 H,ackmann Avenue ' Powdouir Pouf Beauty Sandra Benett Health Inspector 6251 Umiversity Avenue. � � ,Skywoo�i Cleaners Frank Casale Ftealth Inspector 5251 Ci�ntral Avenue � � � . � . �) . • � � FEE 12.00 12.00 12.00 12.00 25.00 30.00 3Q.00 15.00 • ]5.00 15.00 30.00 � . � __ � A � � CONTRACTOR'S LICENSES TO BE APPROVED BY COUNCIL AT THEIR REGULI�R MEETING� I ' ON JULY 7, 1975 , BLACKTOPPING � APPROVED BY: • ' A.BC BLACKTOP � ' 1308 Main Street N.E. ' N�inneapolis, Minn. 55413 by: James Turpin D.Clark NEW G�ENERAL CONTRACTORS iC:OORDINATE PRODUCTS C0. • 1.201 - 40th Avenue N.E. . C:olumbia Heights, Minn. by: Kenneth Junker D.Clark NEW � , CUSTOM POOLS '�O1 E. Excelsior Ave. �I ' iiopkins, Minn.55'43 by: Harold Grotte D.Clark RENEWAL DUEVEL CONSTRUCTION CO. ��307 - 5th St. N.E. I� , P�tinneapolis, Minn. 55434 by: Hank Duevel D.Clark RENEWAL I 'i ' l?LOODMASTER ENGR. CORP. � :1545 Selby Avenue ;5t. Paul, Minnesota 55104 by: Wm. B. Fields D.Clark RENEWAL � ��ARAGE WORLD :3947 EXCELSIOR BOULEVARD Mlnneapolis, Minnesota by: Roy Caples D.Clark . NEW ' GTERTSEN COMPANY � ' • 2840 Chicago Av�enue S. • Minneapolis, Minn. by: R.T.Giertsen D.Clark NEW - � LOVERING ASSOCIATES, INC. 555 Wabasha Street ' St. Paul, Minnesota 55102 by: Dale F. Vogt D.Clark NEW NORTH CENTRAL BUILDERS • ' 7401 - 42nd Avenue North Minneapolis , Minn. 55427 by: Ed�aard Patterson-D. Clark NEtn1 BILL O'CONNELL • ' 3731 - 14TH AVENUE SOUTH . MINNEAPOLIS, MINN. 55407 by: Bill O'Conne2.1 D.CZark NEW ' VERN REYNOLDS CONSTR. , 3118 Boone Ave. North New Hope, Minn. 55427 by: Vern Reynolds D.Clark New ' HEATING SUBURBAN HTG & AIR COND. � 2050 White Bear Avenne � � St. Paul, Minn. 55109 by: Ernest A.Johnson Bi11 Sandin RENEWAL ' • . _ . . , • � _ __ __ __ ' `" . �`t $ I' CONTRACTOR'S LICENSES TO BE APPROVED BY COUNCIL PAGE 2. i (JN JULY 7, 1975 � � �GENERAL CONTRACTORS APPROVED BY: ' a ' :AQUARIUS SWIM POOL CO.,INC. ' 16900 CEDAR AVENUE SOUTH RqSEMOUNT, MINN. 55068 by: Maynard Nichelson D. CZark RENEWAL �i• ' ' i MASONRY � ' � GJERSTAD MASONRY 6331 BROOKLYN DRIVE � � MINNEAPOLIS, MINN. 55430 by: Luverne H. Gjerstad D. Clark RENEWAL ;` ' . . jt . - � i � • ' i � . I • i , � � ;� . �l t , (� � �� . �� . �� , i . � ; ; ' � .� ! ' f � � . . ' . I ' � . � � � i � ' . - . � . . � _ � ESTIh1ATES FOR CITY COUNCIL GONSIDERATION � REGULAR MEETING, JULY 7,.1975 Comstock & Davis, Inc. 1446 County Rd. "J" Minneapolis, Minnesota 55432 — For the furnishing of resident inspection and resident ' supervision for the staking out of the constru�tion work for the following: , PARTIAL Estimate #18 for Sanitar Sewer Water & St rm � y , o Sewer Improvement Project No. 114.from May 26 through � 276.71 ' June 7, 1975 � � ' � PARTIAL Estimate #6 for Saniiary Sewer Improvement Project No. 113 from April 26 through June 7, 1975 � 600.38 ' � ' _ ' . . , . � ' � 1 ' ' ,' � . • , ' . - ' � . ' . � _ , 1 L� '/% %�//"/��//"% � 1 � � . � 0 � �i � � N � . � � a � 0 � w z z � } W J � � LL . � � Q W _ � � 0 z W � z W a � � � � W � Z � � � . � W � z W V V � c.i , t June 24, 1975 Mr, Nasim M. Quresh� � City Manager Ci ty of Fri dl ey 6431�University Avenue Northeast Fridley, Minnesota 55432 Dear Mr. Qureshi : At this time I wish to commend two of your employees, Mrs. Barbara Rido�t and Mrs. Florence tngelbrecht, for assistance in the LOGIS effort above the normal high degree of cooperation usually experienced. On June 23 we set uo the City's volunteer fire�ighters on a speci'al payrol_1 cycle. Normally th�s is a reiatively smooth process, but due to computer �roblems at Henne�in County we had �o ask for additional computer time to complete the effort. With short notice, both Mrs. Ridout and Mrs. Engelbrecht volunteered to wro rk avertime as long as necessary to get the payroll out. This was not the first time they have provided this additional effort. Dedication such as ttiis is an asset to the �OGIS orogram and certainly to the City of Fridley. , Please extend my appreciation and thanks. Sincerely, � A � �� Phillip C. Allison Information Systems Manager Department of Administration PGA:sh � -- 37 �� . June 20, 1975 Fridley City Council Fridley, Minnesota Gentlemen: In light of the Council's F�bruary recommendation to Govenor Wendell Anderson that he designate tre Alississippi River corridor a critical area with guidelines and standards for land.use, we wish to draw your attention to the first physical need of such. a project, - a st��.�le river bank. The shoreline from Ricicard Road nortYt to the mouth of the creek near Stonybrook has moved east approxi.mately twenty feet during the Iast ten years. Strollers and fishermen have caorn paths near the water`s edge, but each has become impassable due to the crumbling i�ank, neces- sitating the wearing of another higher and then another, etc. ^the manner in which the bank errodes, the bottom first creating a false shelf and.then the crumbling of the sod, constitutes a hazard for youths and even adults. In addit�on, the erosion has destroyed many big trees. The cause and cure we leave to experts. We draw your attention only to the fact. R. J. Weiss, 7610 Alden Way N.E Bob Toner, 7598 Alden Way N,E. Kelly Ma.rtinson, 7650 Alden Way N.E. � �� .; -� .�aa��..� /, �: Bud Holt�6ze, 7680 Alden Way N. E. �`, �=. � r�''�' � I �EM�FR i�o , � � '�� a ; �,; : ,�r •.� �� ✓ Y'p" �P5 _ CE ' . i ' FR! � LE � AYCEES Jw2e 17, 1975 I L' � ri0 j.l ' Frscue y l�y unC 6!*3� Lrnive±-sit� t►venue N.E. ' Fridle�y, fi�n. 55432 Dea.r A�asmbers of the Cour�cil: _. 39 80X 32004 • FRtDLEY, MINNESOTA � 55432 - r� �. �' 1� �� ! � : � ;�� . � Thi� y�esx the �`ridlay Jaycees will be hosting two s�jor men�s �tate softball tourz� amenttt in Fridl�y. Thiffi 3a the sixth year i� a row that we h�vo h�d the privilege of ho�:$ing tournai;�ents of the t;innesota. Parks �.zzd Recreatioa �ssociatio�. Thia years tournament� will be the follow3�: Men's Stat� Iadu�tri.al Slow Pitch �vgust 1- 3 1;8 teams Reg3orsal. Indugtri�l S1ow Pitch Augu�t '[6 - 17 8 teams The te:ama en�ercd in thes� tournara��a�s �a.11 come fxom the 2�ietrop,d�i.taa atrea►' s�.th the sxcepi�,ion bain� oae tes�n from North Dakot�r. �l�o therca �ri]1 be �: �otal. of four teama from 3�ridley in �hsse tourr�aments. . , As in the pest, we must come �.a� yau a�d �sk for your ��s�stanca eo that the tourn�- ament,s will run smoothly. In ord�r to se11 ndmisaio� tickots and �o cor�ta3.n t�ha spectators, we must instrill a anow feuce uQUnd the Cam¢nans Park. Thi.e fenca will be i�ertalled t,ha week of July 28 ar�d for the noat part be removed the weok of Augue� l�. T1ze weak of l�ugust 11, a�ew fexice �rill be ereetsd xround the perimeter of Co�nons �2. '.['his fence will be.removed ths Week of.�ugust 18. We a�k your permi�sion to 3aiata:L1 thase fences. W� havo th� m�npoweroa�c�sa� to iMmtall the fenc�a� but. ask y��ur approv�l, in allowing ono (1) msn from the P�rka aad Recre�,tion��asaiat , us ari�th tii� . neceasary� •quiptment. TYre fencing plan �rill be preapproved by Mr. P�ul Brovn�. _ ' "Leadership Training 7'hrough Community Development" - - � ' ' -� 39 q FRIQLE� . AYC � E S Box 32004 � FRIDLEY, MINNESOTA 55432 Darir:�g the tournament� we �,ri11 rlaintain the fielda betwacn game�� trut a.gk that yau allow� one man from the Parks Depaz�tttent to, supex�ise us� so that tho fields are in top �hape. lde alao ask permission to uee any city owned equiptr�ent nece�sary t,o r�ir�tain the fields. This will be done under the �upervi�3on of the parka depar�tment. ' To help allevia�e parking probl�ms, we ask tha.� p�.•kin� ba allowed �,lor�g �he eaffit aide of 7th streat and also along the aouth side of 6ist Avenue. These pres�n�tly ' are r�ostricted zoz�es �nd we a�k that the� b� h'zgged. � , ' ' �_j Durin�; �he Eatira tournamen�: w� wi13 have a Fridl�� 'o1ie� (7fficer on thc grounds. His wa�.ge �rill be paid by us. .�:r� are a.dequ�ttely covareci by liquor liability a�d parso�lal liabi'! i�y insur�ce. I believe our covexage was expla�3.ried . by Roger Pl�ssel iri ��arevioua lctter �skin� for food and beer pe1'mi�s for the mont�as of 3une, .?u3.yr, and �uguut. Yaur prior approva3. of the�e pQr�i,ts takes c�re o£ th�se 3.t�. The Ci:ty of Fridley has a repui;,�ztxQ� for ho�ting excellent taur�aments and of ' provid�ing aome oP, if not the best, faci.lil;ics in the St�.te und I am sure our repizta �ion �rill c,ontinue �o grow. ��Je would be honored if Ir�,yor �tv� or m�mber(m} af the council .' vould pa�ticipmte in the Awards ceremo.r�y followi.ng each tournament. i will conl:act 'you ].a�ter in that regard, If ax�y question� should arise, �hey can be d�,rected to Paul Brown or byself (566 - 80q8)q � , ' ' I , Thanki.ng you Por your consideration, I�rem�in Siricer�� p, / 't'v'�,o�s�cC� �` Richarci F. Young � "Leadership ?'raining Through Community Development" ' � � � � � 'I 1 �. -- 39 � ' . , ' �CITY OF FRIDLEY � � , I' 6431 University Avenue N.E. � , •� Fridley, hiinnesota 55432 � � . . . . PAUL BRQUIN, D.�i.ec.tan � phone: 571-3450 X64 � _ . � � � � MEMORAi�D-liM ' . .. ..._________ . TQ: City Manager . % DATE: Ju2y 2, 1975 ' ' • � Paul Brown Director SUBJE(,T. Softball Tournament FROM. � ��#��a��#��#�#�� .'. ' , ; Dear City Manager, � � � The request for the use of fields for the tu�o softba7.I tournaments by the �� FridJLay Jaycees is their sijcth year. '. They ha�rc always cooperated �rith our depart,ment and ue find no problem� or trout�Ies in the conduct of their events. . -� � '. • It is mey personal recomu:!endation that we recommend approval of theix requests for ithe use of fields. ' .�bde frill again cooperate with use of one map froan our department to make up the fielcis and maintain proper usc of samc. . Fte�pe fully submitted, • � " -_ P'B ' A L BRCridIJ, Direc tor . ' . . . 1 . . • ' . .� . . � i. � . � .� � � . �1 _ � � � � � . . . t . - � . � : . . . i� . . . � � . . . . . _ _-�...� ��d.�e 49'et�s 1 � Suite 207 I� ' 7362 University Ave. N.E. Fridley, Minnesota 55�32 ' , ' July 1, 1975 The Honorable William Nee Mayor of Fridley 219 Logan Parkway N.E. Fridley, Mn. 55432 Dear Mayor Nee: The Fridley �+9'er Days Committee extends their deep appreciation for all the efforts that were provided at the Celebration above and beyond the call of duty by the Fridley Fire Department, Rescue Squad, Poiice Department, Police Reserves, and Clyde Moravetz, who was the staif liaison person. This support made the �+9'er Days Celebration a very successful celebration. Sincerely you.rs, l�l r Edward H. Dunn, r. Mgr. EHD/jc , `,�� CHq� Pna�e: �s�-s�s� � � �� ' �'`� � Commerce Park Office Building, Suite 207, 7362 University Ave., N.E., Fridley, Minnesota 55432 � ■ ��o��ii��`'� July 1, 1975 �� ' The Honorable William Nee Mayor of Fridley 219 Logan Parkway NE FridleY� M� 55�32 ' ' Dear Mayor Nee: ;' fihe Fridley Chamber of Comanerce would Iike to extend its appreciation to the Fridley Firemen who went above and beyand the call of duty to see that the residents � ,� of the Fridley Convalescence Home were taken care of dux•ing a time of a weather emergency. It's this kind of service that makes the City of Fridley such a beaut- � �` ' iful place to live . ' Sincerely yours, ' � ' Ln, � , Edward H. Dunn, ., Mgr. E�ID�aeg , � �J , :* �;z� � � LIST' �' L GENSES TO BE APPROVED BY TfiE CITY COUNCIL AT THE MEETING OF JULY 7, 1975 3t} I �� ---^-�--- - -- — I TYPE.OF LICENSE BY APPROVED BY FEE i CIGARETTE Cub, Inc. 250 Osborne Road Ground Round 5277 CentraT Avenue Moore Lake Un�on 76 5695 Hackmann Avenue Skywood Cleaners 5251 Central Avenue E.R. Thuseson Fred Dohlin Lee Haugen Frank Casale Public Safety Director Public Safety Director 12.00 12.00 Public Safety Director 12.00 Public Safety Director FOOD ES1'ABLTSHMENT Totino's.Finer Foods, Inc.-Loren R. Bogen Health Inspector 7350.Commerce Lane N.E. SERVICE STATION Dick's North Star 4040 Marshall Street Moore Lake Union 76 5695 Hackmann Avenue VENDING MACHINES Richard Hennessey Health,Inspector Lee Haugen Health Inspector Assurance Manufacturing Mary L. Hebert Health Inspector 7753 Beech Street Maore Lake Union 76 Lee Haugen Health Inspector 5695 Hackmann Avenue Pawdour Pouf Beauty Sandra Benett Health Inspector 6251 University Avenue Skywood Cleaners Frank Casale Health Inspector 5251 Central Avenue ��) 12.00 25.00 30.Q0 30.00 15.00 15.00 15.00 30.00 CONTRACTOR'S LICENSES TO BE APPROVED BY COUNCII; AT THEIR REGULAR MEETING ON JULY 7, 1975 BLACKTOPPING APPROVEb BY: ABC BLACKTOP 1308 Main Street N.E. Minneapolis, Minn. 55413 by: James Turpin D.Clark GENERAL CONTRACTORS COORDINATE PRODUCTS CO. 1201 - 40th Avenue N.E. Columbia Heights, Minn. by: Kenneth Junker D.Clark CUSTOM POOLS 701 E. Excelsior Ave. Hopkins, Minn.55343 by: Harold Grotte D.Clark DUEVEL CONSTRUCTION CO. 9307 - 5th St. N.E. Minneapolis, Minn. 55434 by: Hank Duevel D.Clark FLOODMASTER ENGR. CORP. 1545 Selby Avenue St. Paul, Minnesota 55104 by: Wm. B. Fields D.Clark GARAGE WORLD 3947 EXCELSIOR BOULEVARD MInneapolis, Minnesota by: Roy Caples D.Clark GIERTSEN COMPANY 2840 Chicago Avenue S. Minneapolis, Minn. by: R.I.Giertsen D.Clark LOVERING ASSOCIATES, INC. 555 Wabasha Street St. Paul, Minnesota 55102 by: Dale F. Vogt D.Clark NORTH CENTRAL BUILDERS 7401 - 42nd Avenue North Minneapolis , Minn. 55427 by: Edward Patterson-D. Clark BILL O'CONNELL 3731 - 14TH AVENUE SOUTH MINNEAPOLIS, MINN. 55407 by: Bill O'Connell D.Clark VERI�i REYNOLDS CONSTR. 3118 Boone Ave. North New Hope, Minn. 55427 by: Vern Reynolds D.Clark HEATING SUBURBAN HTG & AIR COND. 2050 White Bear Avenue 5t. Paul, Minn. 55109 by: Ernest A.Johnson Bill Sandin �A NEW NEW RENEWAL RENEWAL REATEWAL NEW NEW NEW NEW NEW New RENEWAL CONTRACTOR'S LICENSE5 TO BE APPROVED BY COUNCIL ON JULY 7, 1975 GENERAL CONTRACTORS AQUARIU5 SWIM POOL CO.,INC. 16900 CEDAR AVENUE SOUTH ROSEMOUNT, MINN. 55068 MASONRY GJERSTAD MASONRY 6331 BROOKLYN DRIVE MINNEAPOLIS, MINN. 55430 PAGE 2. APPROVED BY: by: Maynaxd Nichelson D. Clark by: Luverne H. Gjerstad D. Clark � RENEWAL RENEWAL