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03/05/1979 - 57400 n � I t"7 � TfiE NiI�dUTES OP 7He REGULAR NCETING OF TH@ FRIDLEY C1'fY COUNCII. OF MA�.CII 5, 1974 The Regular h9eeting of the Fridley City Counci? was calle� to ord2r at 7:35 p.m. by Mayor Nee. PLFUGE OF ALLEGIANC�: Mayor Nee led the Council and audience in the Pledge of Allegiance to the Flag ROLL CAI_L: h7EM6ERS PRESENT: Mayor Nee, Councilman Fitzpatrick, Councilwoman N�oses> Councilman �chneider and Councilman Barnette MEMBERS k6SEivT: Nane � ADOPTION OF AGENDA: Mayor IJee asked that an item be addeG: "Censidera±ion of a P1aGue for the Fridtey 4lrestling Team". Councilman Schneider request�d an item"be added: "Receiving Petition Re- gardinq Additional Street Lightinn on Matterfiorn Orive". NOTICi� by Councilman Fitzpatrick to adopt the a9enda wi?h the above two amendments. Seconded by Councilman Schneider. Upon a voice vote, alt voting aye, Mayor hee declared the motion carried �.inanimously. OPF.N FORU�4, VISITOP.S: Mr� Richari Harr�ts, Chairrian of tfi2 Pianning Co�nmission, apFeared Lefore the Council regarding 5C foot lots ir�, thc kive�°view P.e'ghts area. Mayor Nez stated the Council would consider� this item later in the meetin9. Nr. Herrick, City Flttorney, introdured �4r, David NeWman, iaho has joined their firm. t4r. Herrick stated h1r. Ne�,�rran gradua2ed from Pridley iiiyh School and the William P7itchell Law School and „�orked for their firm for severai years as a Clerk, prior to his graduaticn. He stat2d that �4r. tVeo-:man v�ould be doiny some ��ork for tne City. OL� BUSINESS: MIIJNESOTA � Mr. Sobiech> Public Works Dii•ector, stated, on the first reading of the � ordinance, certain stipulations were required concerning landscaping and '� signatures of adjoining property owners. He stated all of these items have � been taken care of and the ordinance is back before the Council for second �. reading and adoption. MOTION by Councilman Schneider to waive the second reading of Ordinance No. �, 697 and adopt it on the second reading and publish. Seconded by Counciln�an Barnette. Unon a voice vote, all voting aye, ilayor Nee declared the motion � �� carried unanimously. � MOTION 6y Councilman Barnet±e to waive.the second reading of Ordinance No. i _ _ _ __ _.. _ . __ .� �� REGUL�R MEETING OF MARCH 5, 1979 PAGE 2 692 and adopt it on the second reading and publish. Seconde.d by Council- man Fitzpatrick. Mr. Sobiech, °u61ic 4lorks Uirnctor, stated the request is to vacate the drainaye and utility easement, with the exception of the easCeriy 10 feet of the west 27 feet and over the westerly 25 feet of the south 80 feet, which should be retained for drainage and utility p��rposes. Mr. Sobiech stated the vacation is necessary in order that: Viking Engineering may enclose tneir loading dock. UPDN A VOICE VO?E TAY,[N ON TIIE MOTIOfJ, alt voted aye, and Mayor Plee de- clared the motion carried unanimously. CONSIOERRTIDN OF APPROVAL OF RE�UEST FOR VARIANCE (774D BEECH STR[ET�_ Mr. Sobiech, Public Works Director, stated this variarice is requested in conjunction with the action the Council just took regarding the street and alley vacation requested by Viking Engineering and �evelopment, Inc. He stated the variance is te reduce the rear yard setback from 25 to 2 feet to allow the enclosure of the lodding dock. Mr. Sobiech stated, when the building permit was issued for the structure at 7740 Beech Street, certain curbing was allowed to be deleted, until � the City could work with adjacent property owners to come up with a total ptan regarding traffic patterns and parking requirements. Mr. Sobiech felt th2 only stipulation is that the property owner should continue working viith the City on the overall completion of the plan. He stated the City has been working with Viking Engineering and other prop- erty owners to upgrade the properties in the area. He pointed out that, if the variance is approved, all storage of materials wilt be inside the building. Mr. So6iech stated the kppeals Commission did hear this request and has recom,nended approval. Mayor Nee questioned thz staff's feeling on using the loading dock for �, ��.. storage. � '�, Mr. Sohiech stated, if the original plans had shown this as an enclosed � loading dock, then it would have.been necessary for them to apply for the variance at that time. MOTION by Councilwoman f4oses to concur with the recommendation of the Appeals Conmission and grant the variance requested by Viking Engineering and Development Inc., 7740 Beech Street N.E., to reduce Che rear yard sethack from 25 to 2 feet. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, �4ayor Nee declared the motion carried unani- mously. Mr. Sobiech stated this request for rezoning covers a parcel of property to the south of 73rd Avenue and to the olest of University. He stated it is proposed that the property be rezoned from M-2 to M-1 and C-2. NATION by Councilwoman �4oses to waive the second reading of Ordinance Ne. 693 and adopt it on the second reading and publish. Seconded by Council- man Fitzpatrick. Upon a voice vote, all voting aye, Mayor �dee declared the motion carried unanimously. CONSIDERATION OF APPROVAL OF FINAL PLAT; PACO IN�USTRIAL�PARK 6Y R06ERT SCHROER P.S, q7S-O8 : i �� llt/ REGULAR MEETING OF MA.RCH 5, 1979 PA�E 3 Mr. Sobiech, Public 4lorks Dimctor, s±ated, at the time of the public hearing last week, there r,are a n�imber of i�!;ems Grou9ht to the Counctl's attentien regarding t:his p?at. He stated, rirst of all, the name of tne plat i; to be chanyed frmr Col:mibia lndustria7 Nark to Paco Industrial Park and tnat the �acsterly �5 feet of Lot /, �31ock 1 and the easterly 25 feet of Lot 6, 61ock 1, shzll be dedicated for �roaciway e�sem�nts. Mr. Sobiech stated a red!ictiori in the front yard setbacl: from 100 feei: to 35 feet will be pennitted on the M-7 prnoerty across the ri<iht-of-��aay from the C-Z property and a reduction in the frorit yard setback wi71 be permitted from 100 feet to 70 feet on M-7 property abutting 73rd Avenue. Mr. So6iech stated, in consideration of reduction of the setback require- � m2nts, developmcnt in the plat witt ensure t.hat all loading facilities will be in the rear yard. He stated underymund utilities will be reyuired ��. and B-612 concrete curb and 9utter will b� r�quir�ed along all parking '� lots and driveways. In additior�, approval is necessary frmn the Rice �' Creek Watershed District and tne south lot line of the proposeu plat will ; coincide riith the south line of the existing utility easements, bir. ��, Sobiech stated street names within the plat shall be Cormerce Circ�e '�, East; Commerce Circle West; and Comn;erce Ci��cle South and the plans and '� specifications for street, sanitary se��er and water impeovements shail - be approved by the City. Councilwoman Noses stated she didn't feel sure this road system was the '��,. best way to go for this plat since there aee nm�i service drives ❑p and . down University Avenue. ' Mr. SoGiech stated, with the easenents that are stipulated, there could be, in the future, a service drive do�vn to 69th Avenue. He stated the actual design might be different, but thinks the main objecCive is to have the capability of a service drive. MOTION by Cour.cilman ?amette to appreve ±he Flat for the Paco Indu,trial Park, P.S. N78-OII,�w'ith �he follet-�ing st9puiations: (1)The r.am� ef the plat shall be chanyed from ColumLia lndustr�ial Park to Paco Industrial Park; (2)The westerly 25 feet of Lot 7, Blocl; 1 and the easterly 25 feet of Lot 6, Block 1 shall be d�dicated for readway easements; (3)F red�actien in front yard setback from 7G� fezt to 35 fe2t o-;ill be permi+ted on the M-1 property across the riyht-of-way from the C-2 property; (4)A reduction in front yard setback will be Germitted r"rom 100 feet to :0 feet on I+i-7 property abutting 73rd Avenue; (5)In consideration of reduction of the setback requirements, develop�nent in the plat wiil ensure that all loading facilities are in the rear yard; (6)Underground uiilities will be require<'.; (7)B-612 concrete curb and yuiter will be required along all parkin9 lots and driveways; (8)Approval from the R�ice Creek Wa±ershed fiistrict is required; (9)The south lot linz of the proposed plat will coincide with the south line of the existing utility eas2inent; (10)Street riames within the plat shall be CoRUnerce Circle East; Commerce Circle 4lest; and Conmerce Circle South; ard (11)Plans and spec;fications for street, sanitary se�aer and water impi-avements shall be approved by the City. Seconded by Councilaoman I�oses. Upon a vuica vote, all voting aye, �4ayor Nee declared the motion carried unanimously. CONSIDERATIOPJ DF VARIANCES REQUESTED BY f�ECfG.4AR� CONSTRUCTION CO_, 4526 2N� STRFET R[FEhhE� 6ACY TO �.PPEALS COf4�AISSIO�v BY COUNCIL : Mayor Nee stated this item was referred back !o the Appeals Cortrnission for additional study and is now back before the Com�cil for consideration. � Mr. Herrick, City l4ttorney, stated he has received roCice that the pending . .'� court case involving 40 foot lots will be neard sometimz in April. �� Mr. Nerrick stated he is a littie disturbed when he reads that his advice was inconsistent, however, it does point out one of the reasons why he � doesn't want to give oral legal opinions, Particularly wh2n they are given to sonieone and they give �t to somzone else. He stated, what he had said ��as, if the Appeals Commission were to grant the variances, he felt they had to distinguish it r'rom the ones Chat had _. .. _ � () REGULAR MEFTING OF �4ARCH 5, 1979 PAGE 4 previously k�een rejected.� Fle stated, frankly, he �iovld feel better if the Council diA not take anY action, until the court has ruled on the pending case. Howevei•, i` the Council does take action, they stiould distinguish this from the others. Ne ;tated, the neiyhhorhood in *his case, wantis the variances grantad which is somewhat different than tne other cases. Counciltooman Moses questioned the case that was pending. Mayor Nee stated the City is in litinatSon on other 40 feot lots which are vacant and an zpplication made for construction perraits. He stated, the City, with only one or two exceptions, ham't issued 6uilding permits on 40 foot lots. He pointed out the County started selling these lots, aftcr there had been a hold on theio for some years, and the City started getting applications for buiiGing permits. Mayor Nee stated one purchaser is nov+ taking the City to court to require the issuance of the building permit on the 40 foot lot. MOTIOM by Councilman Schneider to table this item, until after Che pending court case. Seconded by�Councilwoman Moses. Mr. Nedegaard, th? petitioner, appeared before the Council and stated he felt the City could be in litigation for two years or more and that his request has been pending since last October. He stated his concern is not the fact of building a new house> but to get rid of the old house on the lot. Nr. Nedegaard stated many of the neighboring residents were present this evening to express their views. Mr. W. G. Neuman, 4543 2nd Street, stated the property in question has been an eyesore for over 20 years and the City didn't do anything about the property. Mrs. Arlene Strombei,g, 4523 Main Street, stated there is an open well on the property and �aas concerned because sha has sma17 children, as vrell as many othcrs in the neignbonc�od. She stated there is an old garage that could col',apse at any time. She felt it was an eyesore and health hazard. Mrs. tlaria Ficenko, 4524 2nd Street> stated that kids throw debris on the property and there are bees, rats and mice. Shz stated she wants the house removed. Mr. 'ed Hoglund, 4531 2nd Street, pointed out the property is an eyesore and that the awning is falling and the roof will probably collapse. Mr. Frank Kozlak, 45i2 2nd Street, stated there are mice and rats running through his yard Trom this property. He stated anyone that goes on this propei�ty will get hurt. He felt a new home at this location would be gaod for the neighborhood. Mayor Nee asked if the family living on the north side of this property was present this evening. Mr. Medegaard stated they were at the Appeals Commiss�ion meeting and were in favor of the new house, but wanted the plan inverted. Mr. Herrick felt, since the building has been there for over 2D years, anather 60 days or so wouldn't make that much difference. If there are some hazards, however, they should be taY.en care of, such as the well 6eing filled. Councilman Schneider stated he could sympathize with the problem of the house. 4e felt, however, there ware laws on the books thaY could resolve it, if it was a hazard. He felt the problem with the 40 foot lots is unrelated to the hazard. He stated, if the Council voted to have the house demolished, it would then become a vacant lot for a period of time and could very well jeopardize the pending court case. Mr. Herrick stated another alternative the Council could consider is to have the existing house torr. down and the lot remain vacant. He stated _. i I ' i i � �� i i REGULAR MEETIIdG OF MARCH 5, 1979 PAGC 5 the Council is rot�committed to havir,y hoizes built on 40 foot lct�. Councilman Fitzpatrick felt, if the people ��ere living with a hazard, some things should be done to atiate it. He felt they should address tiiemselves directly to the problem of a6ating the hazard that is there. Councilwoman Moses felt, o-:ith all the complaints from t:he neiyhborhood, tearing the house down wo}ild currently resolve the problem. Mr. Nedegaard asked, if the matter is postponed ror 60 days, what the Council's feelings would be. Councilman Fitzpatrick statied tihe City does have an ordinance against building on 40 foot lots o-ihich is being challenged. Ne stated, his inter- pretation, depending on the 1'inding if the ordinance stands, is that the City could not lepally grant a building pei•mit on the 40 foot lot. If this lot can be distinguished from other lots, by the fact that it has a house on it now, it is still, however, a le9a] non-conforming use. He felt, once the house is demolished, there is no difference fi•on this lot or the other 40 font lots. He stated, depending on the outcome of the court case, if the ordinance stands, they might be unable to issue a permit. Mr. Kozlak stated they used to huild on 40 foot lots. It was pointed out that this would have been prior to the ordinance which was adopted in 7958. -� Mr. Herrick stated it gets down te the question on what policy the City ' wants to follow on 40 foot lots. He stated hz realizes this is a difficult question to answer and that the problem is that, in sone areas, it may raal:e � serse to build a house on a 40 foot lot and in others, it mi9ht not inake ��. sense because of�what is happening in the neignborhood. �He stated, if some � are permitted to build and uthers are not, the City is in a difficult positicn if they are cl�allen9ed by those iaho were not J��anted pemits. � � Councilnian Schneider raised the question, if the peuple on either side of this property would be intcrested in pu�-chosing the lot. . Mrs. Ficenko, one of the aGjacen: peeperty owrers, indicated she would not be interesCed in splittin9 the lot with the other prap2rty owner. Mr. Nedegaard stated the property owner to the Plorth would be interested in buying part of the lot. ��. Mr. Herrick pointed out that this particular lot does have a house or it � and the surrounding property owners built their homes kno��ing there was a � house on the 40 foot lot. In other neichborhoods where there aren't houses � on the 40 foot lots, people build their homes knowing there won't be houses built on the 40 foot lots, relyir�g on the fact that a 40 foot lot is not ' buildable. . I Mayor Nee felt if the variance couid be yranted, mithout ,ieop�rdizing the ; City's position in other areas, his inclination would be to do so, however '�. if this one can't be done, he felt the house should be demolished. Councilman Barnette indicated he would be in favor of improving the land, however, the ordinance now makes it against the lam� to build on 40 foot lots. Councilman Fitzpatrick felt that, since it is the opinion of the City Attorney that proceeding on this matter would jeopardize the pendiny court case, he felt they should proceed axording to the motion. UPON Fl VOICE VOT[ TAKEN ON THE MOTION, all voted aye, and Mayor P7ee declared the motion carried unanimously. � P1r. Herrick pointed out, if the City has proceeded with the origina�l proposal � where they would purchase the lots and put restrictions on thein, they might , not be in this position; horiever, they were assured by the County that this ��, wasn't necessary and they would take care of the matter which didr't coine to pass. I r 9� REGULAR MEETIP�G OF MRRCH 5, 1979 PAG[ 6 Mr. Sobiech, Pablic W'orks Director, stated staft would continue to work , with Mr. Medegaard to make the property as safe as possible until activn is taken. Mayor Plee felt the Council would respond to this request k�ithin a few inonths. ' REVIFW Of ANOKA COUNTY PARK AP7� DPEN SpACE PLAP! - UAVE TORKILDSON, DIRECTOR ', �TA6LED 2/2G/7� htr, Qureshi, City Manager, stated the trail system has been redesigned so that peopte using the trailway would not come down Rice Creek 41ay. �dr. Torkildson, �irector of the Anoka County Parks and Recreation, stated the Master Plan has been changed accordingly and they are proposing Route 6, as shown in the Council's agenda. He stated the trail wuuld then follow the tracks and proposed park property and con:e on to Mississippi Street. Councilinan Fitzpatrick stated he felt Route B is an improveinent over the original proposal�of routing the traffic on the street. Mr. Qureshi, City Pianager, stated in the bikeway/watkway plan a trail is shown on Rice Creek Way and, he unGerstands, at the neighborhood meetings there were no objections. Mayor Nee stated, ��ith the exception of the Sile�erstein property, if they thought any other property might have to be condemned. Mr. Torkildson stated they have met with Medtronics and they don't have any objection, but are concerned about the acreage they might need for building area, if they have to give up property along the creek. He stated he believed that under the original agreement, the City does have a docu- ment showing that trailways are permissible throuyh Medtronic's property. Mr. Qureshi stated the City has an agreement with Medtronics that, if the traili�lay system didn't reduce theii� buildiny area, they orould cooperate with the City in this regard. � Mr. Torkildsm� then reviewed the properties they have purchased and what ones v+ere involved in condzn��nation piroceedings He pointed out that the Silverstein's haven't been approached,until the engineering�feasibility study is comp7eted.. � Mr. Torkildson stated the County is looking for concurrence by the City on this plan in order to qaalify for the grant program requested by the Metropolitan Council which will be considered by the Legislature. Mayor Nee questioned, if objections were raised to this route, if it coutd be changed. Mr. Torkildson stated they would have to come up with a route that leads to the �4ississippi River. In emphasizing the�need for such a trail, he stated it would b� a demonstration trail for the rest of the metropolitan area and this trail would have all the natural amenities. Flayor Nee questioned the maintenance and if, in the future, the County �aould help in this area. I Mr. Torkildson stated, since there v+ill be additional maintenance in the park area because of people from outside the area using the facilities, � there should be recognition by the County and funds sfiould be made available i for actual assistance. He felt there would have to be some agreement to cover this item. MOTION 6y Councilman 6arnette to approve the Anoka County Par4: and Open Space Plan, as submitted by Anoka County. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. I � I.._.._ _ .._.__.._ . _.._... __�__.. .__..._I._._ _.,� REuUL.4R f�1FEfiNG OF M1IARCH 5, 1974 , < __ , ,��ti s3 � PAGF 7 . COP�SIDEFATION OP APPOIMMENTS_?0 CI�Y COF7�11SSIONS TAI3LED 2/26/79j: - � � PARKS AND RECREATION Cpt_811SS[DN: ' Councilman Fitzpatrir.k noninatr:d C�vid Kondrick. Councilman 6arnette nominated Robert Peterson. Councilmcn Schneider uomir�atcd 6arbara Reiland. Councilwoinan Moses ncminaieA Gordie Wilson. There being no further no:ninations, the noiriinations were closed by P!ayor f�ee. UPOtr' A VOICE VOTE T,?KEId O�d THE ilCi�1IhlEES, Councilinan Fitzpatrick ar,d I4ayor fJee voted for Dav�id Kondrick, Cowicilo-:oman �4oses voted for Go�•die 4lilson. Councilman 6arnette voted fer kobert Peter•sori. Councilman Schneider voted for (3ar6ara Reiland. Mayor Nee questioned if the Council wented a majority vote for the appoirtment Counci7man Schneider indicated, 9f this mas the case, he would change his vote and voted for Cavid K.ondrick. �dayor f�ee declared David Kondrick appointed to the Parks and 'n'ecreation Commission by a 3 to 2 vote. ENVIRONMENTAL QUALITY COMMISSIO�d:� Councilwon;an P7oses nominated Gordie Wilson. Councilman 6arnette nominated Mar-vin Hora. There beiny no further nominations, hiayor tiee declared the rominatiors cicsed. UPON A VOICE VOTE TAKEN ON ThE �JDP4;WEES, Councilnian fiCzpatrick, Councilwoman Moses, Mayor Nee, and Councilnian Schneider vcted for Gordie l:ilson. Councilman Qarnette stated, in light ef the vo±e, he would saithdra!�i his no��ninaCion of Narcin Hora anG vnte �Pr,r Gordie !Jilsun. Mayor Nee declared a white b�llot and 6ordie Wiison was appointed to the Environniental Quality Coimnissien ty a 5-0 vote. HUh1A;tl 2ESOf;RCES COi�iP�1IS5I0�r': MOTIDN 6y Councilman Schneidce to table tlrs appointment to the next Council meeting. Seconded by Councilman 8arnette. Upon a voice vnte, ail votiny aye, Mayor Nee declared the niation carried unanimously. HOUS U�G AN� REDEU[LGP�4Ei9T FUThOZITY: Mayor Nee stated he had no appeintnient as yet fer this position on the Housing And�Redevelopment Authority. POLICE COMi1ISSI0N: Councilman 6arnette nominated Ed UtLei-. Council��roman Moses nominated Stan Y.owalski. CounciLnan Schneider noininated Ed Namei•nik. There beiny no �further nominations, F1ayor Nee declared the nominaticns closed. UPON A VOICE VOTE TAKEN CN THE WOtdihlEES, Councilnian Fitzpatr-ick and Councilwoman Moses voted for Stan Kowalski, �4ayor Wee and Counr.iLran Sr.hneieer voted for � Ed Hamernik. Councilnian Barnette voted for Ed Utter. Mayor Plee declared a tie between Stan Kowalski and Ed Hamernik and called for a vote on these two nominees. UPON A UDICE 5'OTE TAKEN, C.ouncil,�nan Fitzpatrick, Councilo-ioman Moses and Council- . man Schneider voted for Stan Kowaiski and Mayor Nee and Councilman f3arnette �� voted for Ed Nainernik. 14ayor Nee dec7ared Stan Kowalski appointed to the �� Police Convnission 6y a 3 to 2 vote. 94 _ REGULAR MGETiNu OF hiARCH S, 1979 PAGE 8 �ISCUSSION REGAP.OiNG LOTS IPJ RIVERVIEW HEIGHTS - RICHkRD HAfRIS, CHAIRPIAN OF 1Hf fLANN!itlG CO:ii�iISSI(iPl: —�- Mr. Ilarris, Chairman of the Planning Commi�ssion, appeared before the Councii regarding 50 foot lot, in the Rivcrviek� Heights area which are in the flood plain. Nr. Harris explained, if the ordinances are fotlowed and construction is alloxred on sonie of these lots, they mrould be flood9ny adjacent Froperties because they have to bring up the elevaCion to r,ieet the requirements for buildin9 in the flood plain, Mr. Harris stated the Plannirg Conunission has been getting several requests for buildir.g on these lots and it was his own personal feeliny, the City would be opening up problems by issuing building permits on these particular properties, even thouyh tney may be fioodproofed. Mr. Herrick felt the lots were unbuildable, if they had to 6uild the elevation up to 15 feet on each side of the lot. This would inean th,e maximu�n u�idth of a house you could put on the lot orould be 20 feet�and thc lot is only 50 feet. He felt, in order for the tots to be buildable, the petitioner e;ould have to go to floodproofing rather than increasing the elevation. Mr. Harris stated the Plnnning Commission asked him to get ihe Council's feelings about possibly acquiring these parcels. Mr. Queeshi felt th? City sheuld not acquire these properties, because it mrould be creating a centinuous problem, since they are not large enough for public use. f4r. Harris' concern was that persons may purchase the lots not knowing what would be required regarding puilding in the flood plain area. Mr. Qureshi pointed out that the City does have maps which shoNi what lots are in the flood plair,. Mr. Harris stated the Plannir.g Coo��nission discusseA the possibility of declariny a moratorium on these particular lots, until it was determined if another use could be found for them. Mr. Harris stated he didn't have that great a conccrn abouC the ones out of the flood plain, ex.cept the lots are rather small, and didn't know if that was the type of development the City is looking for in that area. Mayor Mee asked if anyone had any problems with a short rnratorium, providing a study lin2�is drawn that is fairly ccnservative. Mone of the Councilmembers indicated any problem with this approach and Mr. Hai•ris was advised to meet with the staff reyarding this matter. RECESS: Recess called 6y Mayor Nee at 9:58 p.m. RECONVENED: � The meeting was reconvened by Mayor Nee at 70:10 p.m. A11 Councihnem6ers were present. NEW BUSINESS: . RECEIViflG THE MINUTES OF THE CHARTER COMP9ISSIO�d MEETIPJG Of FE6RUARY 6, 1979: MOTIO�J by Counci7man Fitzpatrick to receive the niinutes of the Charter Commission P1eeting of February 6, 1979. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, 1�7aym^ Nee declared the motion carried unanimously. a I I �.�i) kEGULAR hiFEl"?PJG OF MARCH 5, 1979 � PAGE 9 COWSIDCRlITIOi! OF EXECL1t0.J OF IICREFt1FlvT 4!ITH i�1�TIi0PULTTP[� T;AAlS]T COMI1ISCiCN FOR F`hAf1C1��L PFRTICIFI�IJ_!_f0it LUS SN�LTLf.S. — � Mr. Sobiech, 7ublic Works Directo�•, stated the Council is requested to consider ;, an agreement r�ith Lhe hietropolitan lransit Commission for financial participa- �� tion to allow ir,stallation of bus shelters in the City. '., Mr. Sobiech stated hiTC is also requesting certain routine maintenance to be , perforined Gy the City such as littcr pickup, snow removal, weed and gr�ss control and o-�indow cleaning. � � �� Mr. Sobiech stated, over thc last several years, based on input from the Council, the staff has been comprisin9 a list for locations of these sh27ters. Mr. Sobiech presented a di•a,:ing which indicated the proposed locations of the shelters, and stated the ayreement r:au7d be for approval of eight sites. �4r. Sobicch stated the total cost would be a6out .�4,000 and monies have been set aside for these shelters. MDTIOP! by Councilwoman f4oses to authorize the execution of the agreement with the Metropolitan Trarsit Cai!rnission for financial participation for bus shelters. Seconded by Councilman Schneider. Upon a voice vote, all votine� aye, i4ayur Nee declared tbe motion carried unaniinously. CONSIDERATIOfJ OF EX,[CUTIOP! OP AGREEMENT FOF. COfJSULTING SERVICES: SUBURBl�td ENGINEERING: — � -- - Mr. Sobiech, Public 4lorks Director, stated the Council is requested to consider ' a proposal to use Suburban Enyineering for consulting services for utility con- ! struction in tne Paco Industrial Park plat. Mr. Sobiech stated he felt the ' project can be better coordinated if the engineer involved in the grading pians also prepares the utility plans to e^sure that 9rades associated with the lots � will match with the utility construction. �. Councilman Schneider que;tior�d if the engir.eeriny costs wou'd be assessed back �. to the project and Mr. Sobiech indi�zted that they wculd. , �QOTIOh by Councilman Barnette to acthorize the execution of the ageeemer.t for �, ,. . consulting servir,es with Suburban [ngineering foe utility constructioe in Ch.� . Paco industrial Park P�lat. Seconded by Counc�i7woman Moses. Jpo❑ a voice vote; . all voting aye, P1ayor Nee deciared the motion carried unanin�ously. UTION N0. 38-1979 REQUESTING Tflt t4INN MOTION by Councilman 6arnette to adopt Resolution �do. 3II-1979. Seconded by Councilwoman f�oses. Upnn a voice vote, atl votin9 aye, Ma,yor fJee declared the motion carr�ied unanimously. Mr. Qureshi, City Manager, stated even though the City is morking with the County and Pietropolitan Council to try and get part of the cost for this signal, at this point, there is no firm coimnitment. He stated the Coun±y has verbally irdicated they are willing to participate in the cost. Mr. Qureshi stated he wanted to make the point tfiat, 6y this resolution, the Council is committing the City for this cause in hopes of getting funds froin the County and Metropolitan Councit. Mr. Herrick, City Attorney, stated he had some discussion with Commissioner Kordiak and he indicated that the County Board was considering this and he had the impression that he was in favor of some contribution. He felt, if this resolution is adopted and later the City didn't�want to proceed �vith the signalization, he felt the coimnitment would be to reimburse the State for the money they spent for,design. Councilwoman Noses felt possibly the Council should wait until they have a firm commitment for sharing in the cost. _. .... ... _ _: . _ \. ..._ . ��{ (� . . �. i . . REGULAR MFE�TN6 OF MARCH 5, 1979 !11)� �Q Counciiman Schneider asked if there �,�as any urgency to pass the resolutimi. 14r. Qureshi stated there was, if the Council �•:anted to have the work done this year. Mayor Nee asf;ed if there was any motion to reconsider the action taken. There being none, the resolution stood as adoptcd. RESOLUTION N0. 37-1979 IMPOSING LOAD LII�ITS ON FRIDLEY STREETS: M07ION by Councilman Schneider to adopt Resolution Ro. 37-1979. Seconded by Councilman 6arnette. Mr. Richard Harris felt the,y should have some continuity regarding 77th Way. t4r. Qureshi pointed out, if a petition is received from the affected property owners, it could 6e changed. UPON A VOICE VOTE TAKEP! ON 1'HE ABOVF MOTIOY, all voted aye, and Mayor Nee declared the motion carried unanimously. � RESOLUTION P10. 39-7979 TO ADVERTISE FOP. 6I�S FOR SEIdER REPAIR AP;D �� PAVEM17ENT SLFIoJACKL'JG: '�, MOTION by Councilman Schneider to adopt Resolution No. 39-1979. Seconded ��, by Councilrnan Fitzpatrick. Upon a voice vote, all voting aye, Mayor M1ee '�� declared the motion carried unanimously. �� RESOL'JTION PlO. 40-19J9 ORDfRING PRELTMINARY PLR�'S, $PFCIFICh,TI0N5 l�IJD � Mr. Sobiech, Public 4Jork, Director, stat�d th�is resolution is for pre- paration of the preliminary report for streets ;n the Paco Industrial Park, generally Commerce Circle. Pi0TI0ti by Coimcilman Schneider to adopt Resolution fJo. 40-1979. Second- ed by CounciLr�zn Barnette. Upon a voice vote, all voting aye, Mayor ldee declared the motion carried unanimously. RESOLUTION ND. 41-1979 OR�ERIIdG PR:LIh1IPlARY PL(1'rl5, SPECIFICATIONS AND ESTINJITES OF TIiE COSTS i�HFR[OF: �FlTER AND SEWER IMPROVEfdE��T PROJLCT Mr. Sobiech, Public 4!orks Uirector, stated this resolution is for the preliminary ptans for the utilities required for the Paco Industrial Park. MOTION by Councilwoman Moses to adopt Resolution No. 41-1979. Seconded 6y Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declamd the motion carried unanimously. RECEIVIfdG STATUS REPORT ON ISLANDS OF PEACE PROJECT: Mayor Nee stated the item that concerned him was o�ho was authorized to sign a bill on that account. Mr. 6runse!1, City Clerk., stated both Mr. Palmquist, who is the archi- tect's representative and tihe Islands of Peace foundation approve the bills. He stated Mr. Palmquist has approved every bill that went through this account and in most instances, hir. Palmquist has signed the purchase orders. Mayor Nee stated his concern was that they would run out of funds before coinpletion of the project. _-._ .__.__. ._..... .._.._ __._ _. _-__ ......._ _.__ I - —� �� _..__.:�.i_ ..._. i i REGULAR MEETIP�G OF 14FRCH 5, 1979 PAGE 11 Mr. Brunsell stated it is estimated it ��ill take an�additional $14,880 worth of material, son;e of which may be donated. He stated he had no idea what the arrangements were as far as the outside, such as land- scaping. MOTiON by Councilman Fitzpatrick to receive the status report. on the Island of Peace Project. Seconded by Councilman Barnette. � Mr. Qureshi, City Manager, stated $50,000 is the match required by the local government and that is an area where we will have to work hard to make sure we come up with this amount. Councihnan Fitzpatrick asked if they could use the staff time that has been spent on this project. h1r. Brunsell felt this could be done, however, at this time it hasn't been laid out. Mayor Nee stated it seems the Union's contribution would be worth more than $5,000. ! Mr. Brunsell stated he talked to Mr. Ga7mGuist regarding this and couldn't '�. believe thay could put up the 6uilding for 55,000. , Mr. Herrick stated he has received phone calts on whether the interest . could be used for other expense items havin9 to do with the project, but � not necessarily with the construction of the building. �� Mayor Nee stated apparently the question in doubt is the match and not ��.. the availability of cash. . MOTION by Councilman Barnette to pay the claims, as presented by the Islands '. of Peace Foundation, up to a total of $703.23 and that any future claims be . . submitted to the City, pricr t.o pay�ren[, that are not related directly to �� - the structw�e or land.� Seconded by Councilman Fitzpatrick. Upon a voice � vote, all voting aye, f�ayor Nee dectared the motion carried unanimously. j i � I _._. _ _.__- _ - CLAIPoS: MOTION by Councilman Schneider to authorize payment of Claims No. 054F01 thre�gh 060577. Seconded by Councilinan Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. LICENSES: MOTION by Councilman Schneider to approve the licenses as submitted and as on file in the License Clerk's Office. Seconded 6y Councilnan f3arnette. Upon a voice vote, all voting aye, t4ayor Nee declared the motion carried uananimously. CONSIDERATION OF A PLAQUE FOR THE FRIDLEY WRESTLING TEAM� MOTION by Councilman Schneider to approve the�purchase of a plaque to be presented to the Fridley High School k'restling Team for winning the State Championship. Seconded by Council�NOman Ptoses. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. RECEIVING PETIilON #2-1979 FOR ADDITIONAL STREET LIGHTING O�J MATTERHORh! �RIVE• MOTION by Councilman Schneider to receive petition N2-7979 for additional street lighting on Matterhorn Drive. Seconded by Councilman Barnette. Mr. Sobiech; Public Works �irector, stated this would be li9hting from Gardena to P!orth Innsbruck and it does satisfy the criteria for street lighting. �`17 .i I FRtDLEY CITY COUNC 1 L � � REGULAR MEETIrdG — f�.4RCH 5, 1979 — 7:30 P, .r9, MEh90 T0: DEPARTMENT NEADS FOLLOWING ARE THE "ACTIONS�NEEDED'�. PLEASE HAVE YOUR ANSWERS BACK IN THE CITY �`�FlNAGER`S OFFICE BY THE L'�EDNESDAY BEFORE THE NEXT REGULAR COUNCIL MEETING, THANK YOU� ��,,�,�� /� �9�� PU�LIC IJORKS �ITY MANJIGER Add: Authorizing Plague for Wrestling Team for winning state tournament Receiving Petition regarding street lighting on Matterhorn Drive OPEfJ FORUi�, VISITORS; �CONSIDERATION OF ITEMS NOT ON AGENDA - Richard Harris o�n puslr�ESS: 50 Foot Lots in Riverview Heights 15 ��INUTES) CONSIDERATION OF SECOND READING 0� AN ORDINANCE ON REZONING REQUEST; ZONING ORDINANCE AMENDMEPlT ZOA �%8-03, THEODORE BURANDT, 941 NILLWIND ROAD; TO REZONE FROM R-3 TO CR-1, , , , , , , , , , , , , Ordinance No. 700 adopted � ACTION NEEDED: Inform applicant of Ordinance adoption ACTIOfJ NEEDED: Publish ordinance in Fridley Sun CONSIDERATION OF SECOND READING OF AN ORDINANCE ON VACATION REQUEST; STREET AND ALLEY VACATION �78-05, BY VIKING ENGINEERING AND DEVELOPMENT, INC, LOCATED AT GUMWOOD STREET BETNfEEN %�TIi AVENUE AND JgTH AVENUE AND EAST OF RAILROAD TRACKS AND CONSIDERATION OF APPROVAL OF REQUEST FOR VARIANCE �%J4O BEECH STREET) , � , , , , , , , , , , , , � � � � Appeals Comm. Recommendation: Approve Council Action R�quired: Consideration of reconunendation Ordinance P�o. 701 adopted and variance approved FlCTION fdEEDED: Infoi-in applicart of Qrdinance adoption _ACTION NEEDF_D: Publish ordinarrce in Friclley Sun , 1-1B .2-2E CITY BLIC I CITY �EGUL�R I 5, 1979 OLD BUSIi�ESS �CONTINUED) CONSIDERATION OF SECOND READING �F AN ORDINANCE ON REZONING REQUEST; ZONING ORDINANCE AMENDMENT ZOA #78-07, BY ROBERT SCHROER, TO REZONE PACD INDUSTRIAL PARK FROM M-2 AND P�-1 TO �-Z AND CONSIDERATION OF APPROVAL OF FINAL PLAT; PACO INDUSTRIAL PARK, BY ROBERT.SCHROER iP,S� #%H-Og)� �,,. 3- 3 C Ordinance No. 702 adopted and final plat approved with stipulations ACTION NEEDED: Inform app7icant of approval with stipulations ACTION NEEDED: Publish ordinance in Fridley Sun CONSIDERATION OF VARIANCES REQUESTED BY P�EDEGAARD CONSTRUCTION CO „ 4526 2N� STREET �REFERRED BACK TO APPEALS COMMISSION BY COUNCIL)� , . , , , , , , ' AppeaTs Comm. Recommendation: Approve with stipulation Counci7 Action Required: Consideration of recommendation , , 4-4P. Item tabled pending decision in cqurt case ACTION NEEDED: Put back on Council agenda for consideration after court decis REVIcW OF ANOKA COUNTY PARK AND OPEN SPACE PLAN -- DAVE TORKILDSON,DIRECTOR �TABLED 2l26/79)� � , , , , , , 5 - 5 B Approved plan with routing along railroad tracks and Mississippi Street instead of Rice Creek Way ACTION NEEDED: Prepare letter to Anoka County and Metro Council for the City Manager's signature information them of the City Council's action CONSIDERATION OF APPOINTf+IENTS TO CITY COMMISSIONS �TABLED Z/Z6�%�) , , , , , , , , , , , , , , , , , , , , , 6 - 6 D Appointments made except to Human Resources Commission and Housing and Redevelopment Commission k�hich were tabled to next meeting. ACTION NEEDED: Put tabled appointments back on next agenda DISCUSSION WITH RICHARD HAP,RIS RF6ARDING 50 FOOT LOTS IN RIVERVIEW HEIGHTS He was advised to check with staff on possible moratorium ACTION NEEDkU: Work with Richard Harris on this item. � iVEW BUSINESS: RECEIVING THE MINUTES OF THE CHARTER COMMISSION �•�EETING OF FEBRUARY 6, 1979� , , , , , , , , , , , , , ; ]. - ] $ Received ACTION NEEDED: File minutes for future reference CONSIDERATION OF EXECUTION OF AGREEMENT WITN METROPOLITAN TRANSIT COMMISSION FOR FINANCIAL PARTICIPATION FOR BUS SHELTERS, , , , , , , , , , , , , , $ - $ K Approved ACTION NEEDE�: Have agreement executed and forwarded to MTC CONSIDERATION OF EXECUTION OF AGREEMENT FOR � CONSULTING SERVICES; SUBURBAN ENGINEERING, ,,,,,,, g- g f{ Approved , ACTION NEEDED: Have agreement executed with.Suburban Engineering CONSIDERATION OF A RESOLUTION REQUESTING THE MINNESOTA DEPARTMENT OF TRANSPORTATION TO INSTALL TRAFFIC SIGNAL AT THE INTERSECTION OF TH 47 AND 69TH AVENUE ��E� ,,,,].� Adopted Resolution No. 38-1979 ACTION NEEDED: Forward resolution to MnDot for action a � IC IC NE!�� BUSINESS (CONTINUED) �ONSIDERATION OF A RESOLUTION IMPOSING L�AD �IMITS ON FRIDLEY STREETS� � , , , , , , , , , , , , , , , , , , 11 - 11 B Resolution No. 37-1979 ACTION NEEDED: Proceed as authorized CONSIDERATION OF A RESOLUTION TO ADVERTISE FOR BIDS FOR SEWER REPAIR AND PAVEMENT SLABJACKING, ,,,,,,, 12 - 12 A Resolution No: 39-1979 adopted ACTION NEEDED: Proceed with bidding CONSIDERATION OF A RESOLUTION ORDERING PRELIMINARY PLANS, SPECIFICATIONS AND ESTIMATES OF THE COSTS THEREOF; STREET IMPROVEMENT PROJECT ST, 1975-1, ADDENDUM�1 � � � � � � , � � � . � , � .. � � � � � � � � 13 Reso7ution No. 40-1979 ACTIOfd AEEDED: Proceed as authorized CONSIDERATION OF A RESOLUTION ORDERING PRELIMINARY PLANS, SPECIFICATIONS AND ESTIMATES OF THE COSTS THEREOF: I+IATER AND SEWER IMPROVEMENT PROJECT #IZJ� ,.,].4 Resolution No. 41-1979 PUBLIC WOR S ACTION NEEDED: Proceed as authorized �u;_.. �. ' FINANCE � FINANCE � FINFlNCE TY NE�rd BUSINESS (CoNrrNUEn) RECEIVING STATUS REPORT ON ISLANDS OF PEACE PROJECT� �, 15 Report received. Claims to be paid to Islands of Peace up to $703.23. Any further claims to be submitted to City that are not related directly to structure or to the land before payment. ACTION i�EEDED: Pay present claim to Islands of Peace for $703.23. Inforin Islands of Peace to present claims for aporoval(ather than for building or land related claims) by the City.Council before payment. �LAIMS. , � � � � � � � � � � , � , � � � � � � � � � � 16 Approved ACTION NEEDED: Pay.claims as approved LICENSES, , , , , , , , , , , , , , , , , , , , , , , ; 17 Approved • ACTION NEEDED: Issue licenses � PLAQUE FOR WRESTLING TEAM Approved ACTION NEEDED: Make arrangement for awarding plaque to Fridley High School Wrestling Team for winning State Tournament. RECEIVING PETITION REGARDING STREET LIGHTING ON MATTERHORN DRIVE Petition received (Petition No. 2-1979) IC WOR ACTION WEEDED: Proceed with installation as per City policy. ADJOURN 1:05 P.M. Date Received � CITY Qr FRIDI.EY PETITTON COVGR SII��T March 6, 1979 � Petition P;o. 2-1979 objecc Installation of two street lights be installed on Matterhorn Drive between Gardena Avenue and North Innsbruck Drive. Petition Checked By Percent Signing Referred to City Council Disposition ,:r March 5, 1979 Date 0 � �- f"rf hiarc h 3 1! � , 9' 9 ke� the undersigned� have clraf'ted this �:etition to proteat the absence of li�htin� on A�tterhorn I?rive betwaen Gardena Avenue and I3crth Innsbruck D?-iye and are as�ing that two street lights be installed on this portion of ;•[atterhorn Drive. !� numbar of vehic.les using this extremel� dark street travel at excessive rates of speed, creating a hazar3ous situation. b7e feel that the instsllation of two street lignts in this area taould contribute greatly to the safetyr and we11 being o:f not only the resi:lence but also the joggers, dog-ti�alkers, and bikers using this designate3 bik_e route. 1�1e aT,�'f�e1 it ti�ould reduce the incidence of vandelisr� tltat has occured durino the past year; suoh as eggin� of houses, bro:cen windows, daraa�ed mail boxes, n3 drivinS on lawns. Last fall� we contacted P�ic, C1��de !�!.orav�tz, oE the City En�ine2rs De�art:nent of sridle;j, ' concernin;; this c�atter; and afte-° reviewin; the city riap;,, ,4. *:oravetz indicat�n th•at due to the 3ist'nae bet�reen th� e.:isting 1ir,,-nts an3 the presence of �n �'JF� curve on this ror- ticn o£ I�atterhortz :i�ive, two straa$ lights would see!n justifiedo lie ;;culd apprec_ut� Jour �I•c�pt a.��ention to this natt�r. I1o��: I:c :es e.re lxate3 on the 1Jest j_ � ' P ca „_ the street onlj� in t'r.is ;,.i�eao "?%,?.ti r./,�t.� •� �J�t.� ��„ �7(�0 ? p•�1 y.'��,, ;'� I. Sr2�c-�i��l1-1 `5' �7 � S - l�:X�b � _� S7 � � �c�,�---- h��.�'�� /�'�� .=�Ii� � 1' , Y� �. �. M c ��'Yy� . �J� �if l , � � ��.�1� :.:�� 3:i;� ��;� ��a�� . h� � �rz1 �-_-.. i7� �l(<��t�u �. �/ I ��/, � �t . .�. �� '-,, � � --•s �4. t�-- + � . % �' . 1G �, 'Z, � � 7� /7�%n�l...c..�i_,z_„�,;.;[i� ;� �;�r � , - ., � S`7,34 �"//.�,. o(/� .�' �:4 i��tis�� y� ��C.� J 'ti.�o�u� �x�-� . ' � j�,2Z �� ;-�c-,�� 7� C �'j?�'vL�: iJw'Uia� :(,f,: ��' � ._, �"� 7 � o Y%�u-1 �:!'-� � �� ..,�. \��'� `%��,1-!.�'� r�� ,, � , �..��-r. ,%_,Lj:'==��,.,.s�, � �yl' ��;�f��'� '/ � ,`� �� y� � Fii`:,'i � �'�� - �s y� S 9/ � � s•�`%.3 S�l— s`>�y J ;�/- ��%3G 5"7/ - ��' �� J ��'%�� ..! 71� - o.?C� �� s��y s �i-5�r 3G '1 �� /�u �il •U�;� � �7�-/—/� s_ F, FRIDLEY CITY COUNCIL MEETiNG PLEASE SIGN NAME ADDRESS AND ITEM NUMBER INTERESTED IN DATE: March 5, 1979 ' NAME ADDRESS TTFM NnMR[A FRIDLEY ClTY COUNC 1 L REGULAR MEETIfJG -��Af�CN 5, 1979 -. 7:30 P. .P1, PLEDGE OF ALLEGIAPlCE: ADOPTIOPJ OF AGENDA: OPEfJ FORUi�, VISITORS: �CONSIDERATION OF ITEMS NOT ON AGENDA — IS MINUTES) OLD BUSINESS: CONSIDERATION OF SECOND READING OF AN ORDINANCE ON REZONING REQUEST; ZONING ORDINANCE AMENDMEPJT ZOA #78-03, THEODORE }�URANDT, 9�}1 HILLWIND ROAD; TO REZONE FROM R-3 TO CR-1 � � , , , , , , , , , , , , , CONSIDERATION OF SEC�ND READING OF. AN ORDINANCE ON VACATION RE�UEST; STREET AND ALLEY VACATION �{%S—OS, BY VIKING ENGINEERING AND DEVELOPMENT, INC, LOCATED AT GUMWOOD STREE7 BETWEEN ��Tli AVENUE AND %8TH AVENUE AND EAST OF RAILROAD TRACKS AND CONSIDERATION OF APPROVAL OF REQUEST FOR VARIANCE (7740 BEECH STREET)� , , , , , , , , , , � � � Appeals Comn. Recommendation: Approve Council Action Reouired: Consideration of reconunendation 1-1B .2-2E �� $INESS �CONTINUED) CONSIDERATI-0N.OF SECOND READING OF AN ORDINANCE ON REZONING REQUEST; ZONING ORDINANCE AMENDMENT ZOA �%�-O%, BY ROBERT SCHROER, TO REZONE PACO INDUSTRIAI PARK FROM M-2 AND P1-1 TO C-Z , AND CONSIDERATION OF APPROVAL OF FINAL PLAT; PACO INDUSTRIAL PARK, BY ROBERT.SCHROER (P,S. ��8-08), ,,,. 3- 3 C CONSIDERATION OF VARIANCES REQUESTED BY NEDEGAARD CONSTRUCTION CO,, 4526 2rvD STREET CREFERRED BACK TO APPEALS COMMISSION BY COUNCIL). , , . , , , , , , , , 4 - 4 P ' Appeals Comm. .Recommendation: Approve with stipulation Council Action Required: Consideration of recommendation PEVI�4V OF ANOKA COUNTY PARK AND OPEN SPACE PLAN -- DAVE TORKILDSON,DIRECTOR �TABLED 2/26/79)� . , , , , . . 5 - 5 B 0 CONSIDERATION OF APPOINTMENTS TO CITY COMMISSTONS �TABLED 2/ZF)/]�) , , , , , , , , , , , , , , , , , , , , , 6 - 6 D NEW BUSINESS: RECEIVING THE h�1NUTES OF THE CHARTER COMMISSION P•�EETING OF FEBRUARY 6, 1979, , , , , , , , , , , , , , ; ]. - ] S CONSIDERATION OF EXECUTION OF AGREEMENT WITH METROPOL17AN TRANSIT COMMISSION FOR FINANCIAL PARTICIPATION FOR BUS SHELTERS, , , , , , , , , , , , , , $ - $ K CONSIDERATION OF EXECUTION OF AGREEMENT FOR �ONSULTING $ERVICES; $UBURBAN ENGINEERING� , , . . . . , 9 - 9 H CONSIDERATION OF A RESOLUTION REQUESTING THE MINNESOTA DEPARTMENT OF TRANSPORTATION TO INSTALL TRAFFIC SIGNAL AT THE INTERSECTION OF TH �I% AND 69TH AVENUE P��E� �,,, IO NE!1a BUSINESS (CONTINUED) CONSIDERATION OF A RESOLUTION IMPOSING LOAD LIMITS ON FRIDLEY STREETS. � , , , , , , , , , , , , , , , , , , 11 — 11 B CONSIDERATION OF A RESOLUTION TO ADVERTISE FOR BIDS FOR SEWER REPAIR AND PAVEMENT SLABJACKING. ,,,,,,, 12 — 12 A CONSIDERATION OF A RESOLUTION ORDERING PRELIMINARY PLANS, SPECIFICATIONS AND ESTIMATES OF THE COSTS THEREOF: STREET IMPROVEMENT PROJECT ST,. 1979-1, ADDENDUM�l � � � . � � � � . � . � � � .. . � � � � . � , 13 CONSIDERATION OF A RESOLUTION ORDERING PRELIMINARY PLANS, SPECIFICATIONS AND ESTIMATES OF THE COSTS THEREOF; WATEk AND SEWER IMPROVEMENT PR�JECT #IZJ� �,� 14 ' ORDINANCE N0. 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 follows: SECTION 1. Appendix D of the City Code of Fridley is amended as hereinafter indicated. SECTION 2. The tract or area within the County of Anoka and the City of fridley and described as: Lot 1, Block 1, Hillwind Addition, lying in the South Half of Section 24, T-30, R-24, City of Fridley, County of Anoka, Minnesota, Is hereby designated to be in the Zoned District known as CR-1 (general office and limited business). 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 R-3 (general multiple family dwellings) to CR-1 (general office and limited business). PASSED BY THE CITY COUNCIL OF THE CITY OF FRIDIEY THIS DAY OF , 1979. MAYOR - WILLIAM J. NEE ATTEST: CITY CLERK - MARVIN C. BRUNSELL Public Hearing: May 8, 1978 F7Y'St Redding: June 5, 1978 Second Reading: Publisho......: 1 . . . ' S..i:�:. .. . � ..r.. � ..• .• THEODORE BURANli°L*S= r - ZOli #78-03 � �,:. 941 Hillwind Road; IdE �a � �taa �: • . . � � . �z�, ' `", y`'"i , ..;. ve� � .. - - � - . . � �� t . . - . . . W //9 COHN� : I � � "" t � '��`+ =6 �. � yi L / ^�� sEC. .z4 ' � ,� , �>�. ` s "� � �p' " , b �, � Jl.. .—� �.,, u/� ��{�1 ✓,�%� s a i �ti v-/ L�_ ..... . '" .��is [J/y�MFi1Y �,� �n A"` 1D � �s . . . s- .. .. . s� , . �r— .¢ �. J : f �� •--Ya � J�•. Dss � �—_�.� jc � p��I s �u I . I , � r�rJ� I: J*Y}�i' S%40 ' y�c. r .- �,ry i� .r„��fj��yXr� .sy.. OJaf \ � � / Yu vJ! � '� A h .ii � �7 / 4� lll. � � F/ � y r.: I . , N'o / e � a _ y � �� V r�� 1 I M.! 's/D T i JQO ..{ c,�� t� qY, I IOII I IOZI i � . 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Pqse'Il:er '_'--�_ _ �4�;e� � ,.�. o� �� r — - �=— — '�� onl�/ ° l l build ec or.�n r� � Itl -. � e �.� L - � . i�Vr 10 /h� �hol ��f un ,r,�°YP�hanen,I�� Yr ^CO�� /�`-f%� . Mryood ond e4��d ��uaF me.morryap� ;o oll �y��b��Y o! rhe beon �1�1�p�/ ". : .. Der�d rhi� ��pda��Mn Ighov ��r^° h� b��nq�Alaihm�ntl� ��le o/ rh� �o^tl � C�UNr� . . , `�� Y ol • b��n m��r�n ed °^ 1A� �/rom o� °bar� 0.a , ��.D. �yC'Twd tor �A�9u�r�d bY th p�rrY ond� �oid land.,b�d ��°� rM1� 111 � P�r • r�o ^o lio �hi� �ur ) `' Su. Pe• e1 �uobfuF�n/ �oth m,orr �� °I�um�dr i� j 9Ar� liesorv�y E`1/R,f �NG �� •'O1 1'^�• • beondar . ! � R11�Q ,f y � . . r-. ,.. � iv, r�°.� n C. r f Yor� � � ' . ✓r .; .C.. � .. . . �i . . � ___ , ' _/.�f�,4S� � �� I' � ,y � ORDINANCE N0. AN ORDINANCE UNDER SECTION 12.07 OF THE CITY CHARTER TO VACATE STREETS AND ALLEYS AND TO AMEND APPENDIX C OF THE CITY CODE The Council of the City of Fridley do ordain as follows: SECTION 1". For the vacation of a drainage and utility easement described as follows: All that part of a 50 foot drainage and utility easement lying between Block 5 and Block 6, Onaway Addition and bounded on the North by the Westerly extension of the North line of Block 6, Onaway Addition and bounded on the South 6y the Westerly extension of the South line of Lot 11, Block 6, Onaway Addition. All lying in the Southeast Quarter of Section 3, T-30, R-24 City of Fridley, County of Anoka, Minnesota. Be and is hereby vacated except that the City of Fridley retains easements for drainage and utility purposes over the Easterly l0 feet of the West 27 feet, and over the Westerly 25 feet of the South 80 feet. SECTION 2. The said vacation has been made in conformance with Minnesota Statutes and pursuant to Section 12.07 of the City Charter and Appendix C of the City Code shall be so amended. PASSE� BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF 1979. ATTEST: CITY CLERK - MARUIN C. BRUNSELL Public Hearing: Februar.y 26, 1979 First Reading: Fe�,r,,,, ; ,� ,n�o Second Reading: Publish.......: MAYOR - WILLIAM J. NEE F� % � � `'�' '� ; . � , . . . � � �{� �'�__. s.� _ _..-� — '_ _ �` � �� j7 _�r • ....�..�..�... .. .. 1�. .. J*� �� . J�� Q' .. . ..:J�...... "�.' { , . \ I > >a � � t' _ J\ Q �� .. ' . 1 . —J✓ o.n�..✓�6!/✓r<.N! l.�J✓ti'FL.K�Y � y I; i � ' � �. , 1.- � f • .. , — � — � I` �1 I T 3^ �9 . 27'2G .. 24 � .. � .. : _ �--�_ � � . � r 'i ��; � � � i I � �\� .r . � - s. � � � - - � • I �� -� � . �.�.� - „�f , � �he' � •', • i ., I 4 I � ' �d� �i9 zi'2z za ; � " � e � � " � ' � � t,� I� � �.ue; i� i I �.� ...,;�� '' �, . � �. o� � :.. � . . . . .._. _ _L J_ . . � �.� � !. �76f.! ' I . � w il . .. _ - � � � � ��i� � . . � • i � ` � ,yl . ly�l j � ( 1 � � .� y e � � . � � • . � � . . � - . � �T +'S24 e � ;:� `� �� ^.!' . � { �_ a �� (£� �� I � rs, SiO.+fX��sf.yG�.� �f.fi j � �.J t. 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GO ,i. .. rl�� .. . . . . .. .. . � ; a :*TH,__ _ f�f�Y ' "' � 23 CITY OF FRIDLEY APPEALS COMMISSION P1EETING, JANUARY 16, 1979 CALL TO ORDER: • Chairwoman Schnabel called the January 16, 1979, Appeals Commission meeting to order at 8:00 P.M. ROLL CALL: Members Present Members Absent Others Present Ms. Schnabel, Ms. Gabel, Mr, Kemper Mr. Barna, Mr. Plemel Jerry Boardman, City Planner 1. APPROVE APPEALS COMMISSION MINUTES: DECED16ER 26, 1978: MOTION by Mr. Kemper, seconded by Ms. Gabel, to approve the December 26, 1978, Appeals Commission �inutes. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRIJOMAN SCHNABEL DECLARE� THE MOTION CARRIED UNAMIMOUSLY. 2. TABLED: REQUEST FOR VARI yuesti oy V1King k dley, MN. 55432), E PURSUANT TO CHAPTER 205 OF THE FRIDLEY CITY OF A LOADING DOCK AT 7740 BEECH STREET N.E., ED REAR YARD SETBACK fROM 25 FEET TO 2 FEET. ng and Development, Inc,. 7740 Beech Street N.E., MOTION by �s. Gabel, seconded by Mr. Kemper to remove this item from the table. UPON A VOICE VOTE, ALL VOTING AYE, CHAIR410MA�� SCHNABEL DECLARED THE MOTION CARRIED UNANIMOUSLY. MOTION by Ms. Gabel, seconded by Mr. Kemper, to open the public hearing. UPON A 1�IOCE VOTE, ALL VOTING AYE, CHAIRIdOMAN SCHNABEL DECLARED TNE PUBLIC HEARING OPEN AT 8:05 P.M. Ms A. Schnabel read the Administrative Staff Report as Follows: ADMINISTRATIVE STAFF REPORT 7740 Beech Street N.E. PU_6LIC PURPOSE SERVED 6Y REQUIREMENT Section 205.134 Rear yard setback of 25 feet. The public purpose served by the required 25 feet is to provide rear yard space to be kept open to eliminate congestion and provide open space between adjoining structures. 6. STATED HARDSHIP This variance Viill eliminate the present safety hazards of loading our equipment in the snow and other adverse conditions. We want to enclose this dock primarily for safety. a APPEALS COMMISSION �ANUARY 16, 1979 C. ADMINISTRATIVE STAFF REVIE4J E 2 ! 2 � The structure, if constructed at � feet off the property line, would have to be one hour fire resistive construction and could not have any openings in the wall adjacent to the lot line.' This is the requirement of the State Building Code. The building would have to be 1� or more feet from the lot line if not constructed to the 1 hour specifications. The proposed structure would be located within a drainage and utility easement of which the petitioner has applied for vacation, therefore any recommendation the Commission makes would have to be contingent upon the success of the vacation request. In as much as the vacation request is not within your jurisdiction, you �re not required to make a recommendation on it, however, you may be interested to know that two of the City's pu6lic utility companies have expressed in letter form that they do have existing �utilities within the area the petitioner has requested vacation of. The City Council will consider the variance in their decision�on the vacation�request. If the Commission recommends approval on this request, it should stipulate :: that the approdal was subject to the vacation being approved, and that •tfie structure comply with the 6uilding Code. Ms. Schnable stated the reqiiest aias to reduce the required 25 foot rear yard setback to 2 feet. • Mr. Boardman stated this would go along with the vacation request. Presently the building was located 25 feet off of the rear lot line. That 25 feet was easement line that the City had. Gumwood Street was 5Q feet and was vacated and this section was retained as a utility easement: Staff had contacted all of the utility companies concerned. The only easement they want to retain would be the easterly 10 feet of the Westerly 27 feet. The dock would be right at the edge of the easement line, so it wouldn't be over any of the easements. The reason they want to cover the dock was that in the winter, they had a problem with snow and ice on the dock which presented ah:azar.dous_- condition. They would like to put a metal cover over the dock. This would be strictly an add-on which would just cover the existing dock. Since Staff has received statements from the utility companies, they would not have any problem with this request. Ms. Schnabel stated the record should show Uiking Engineering did not have a representative at the meeting. Ms. Schnabel stated that when the request for vacation and easements came before the Planning Commission, Mr. E. Johnson of Viking Engineering was present and stressed that this was a loading dock, but wasn't one that the trucks wouTd drive into. The trucks would drive un to the opening and the materials to be loaded currently sit on the dock and.with the snow and ice on the platform, . it was a safety ha2ard to the employees. By enclosinq the dock, they would hope to prevent accidents happening to the employees. There was also a dip, it goes down, so the trucks were going down which also created a problem. 2D APPEALS.COMMISSION MEETING, JANUARY 16 1979 PAGE 3 Mr, Boardman stated they had a cut-out where the trucks drive down and the platform or loading dock was at ground level. They would not be raising it. They did have a drainage problem, but that problem was built in with the construction of the building. Ms. Gabel asked if the dip was for drainage or for the trucks. Mr. Boardman stated it was for the trucks. Ms. Schnabel stated there was a note in the Staff Review to "see attached checklist" which should be a part of any approval. Mr. Boardman stated he had not seen that. He suggested they hold off on that and if the City Council wanted to make it a condition, they could. He could not see where there would be that much, because it was a new building, built about a year ago. D1s. Schnabel stated there were a few things in there she would be reluctant to make a stipulation for. Mr. Kemper asked if the shed complied with the Building Code. Mr. Boardman stated he imagined it would. Mr. Boardman showed the Commissioners the plans. He explained that there were actually two buildings, two ownerships, split down the middle, with two docl:s, one on each side. ThEre was a cement apron, and the shed would cover the whole 73 x 23 foot area, tAs. Schnabel stated the shed would then cover both docks, and the other company would share in the cost. She vras surprised the other otvner was not a part of the petition. Mr. Boardman stated the dock covers the whole back of the buiTding and was within 2 feet of the property line. A dock can go over the top of an easement, but when they cover it, it would be considered a structure. There was only one utility under the dock, and that was the telephone service line. If that would have to be torn up, it would be at the expense of Viking Engineering. Ms. Schnabel asked, if they use the loading area on the north side of the building, do they bring the trucks arould from the other side of the property? Mr. Boardman stated there was a truck loading area on both sides and there was no alley. They don't drive through, they back up to the dock. MOTION by Mr. Kemper, seconded by Ms. Gabel to close the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRIJOMAN SCHNABEL DECLARED THE PUBLLC HEARING CLOSED AT 8:20 P.M. Mr. Kemper and Ms. Gabel stated they had no objections. APPEALS COMMISSION MEETING JANUARY 16, 1979 � .. PAGE 4 2 E MOTION by Mr. Kemper, seconded by Ms, Gabel to recommend to Council approval of the request for variance pursuant ot Chapter 205 of the Fridley City Code to allow the enelosure of a loading dock at 7740 6eech Street N.E., which will reduce the required side yard setback from 25 feet to 2 feet, with the stipulation that the vacation be approved and that the structure compl ..,,+I. �t,., n..:i�a__ n_ �_ - .—. . UPON A VOICE VOTE, ALL VOTING AYE, CHAIR410MAN SCHNABEL DECLARED THE MOTION CARRIED UNANIMOUSLY. Ms. Schnabel stated that the Appeals Commission would like to alert the City Council to the "Exterior Improvements Checklist" with regards to the parking lot, curbing, and refuse container screening, 3• CONTIh'[TED: FINAL RECOh�ENDATIOPIS 02I PROPOSED CF�TGES TO CIIAPTER 205 ZONIPIG: Ms. Gabel asked iP Mr. Boardman had found aqything out about time limits on building permits. Mr. Boardman stated he had not� but would look into it. The Commissioners concurred with the following recoannended changes: 205.081 usES r��n Aage 36 �1-B: Delete "one-family dwelling", and insert "single-Yamily dwel7.ing". Page 36 �2-C: Because o£ this item, the Co�mis�ioners would like the deYinition oP "Guest Room" retained in the "DePinitions" section of the document. 205.083 LOT RE�,UIRED�P]TS AND SETBACICS Pa�e 38 #3 - Lot Coverage: Delete "25�" aud insert "30�". Page 38 -�8-3: Ms. Schnabel stated this statement alloraed a 2-£amily dwelling to be built without a garage. In R-1� the Appeals Co�ission had reco�nended that a�y lot oY 9�000 square feet of minimum area should liave a mini.mum of a single-stall garage. Ms. Gabel stated they should la� consistent. Mr. Boaxdman stated they did not have a garage requirement for a three-iamily unit. Mr. Boardman stated he had reservations about requiring garages. The Community Developmettt Commission had come nut in £avor of not having �r�rage requirements. Ms. Schnabel stated the current code required a 1 1�2 stall garage for each dwelling unit. Mr. Boardman stated the Metropolitan Council and the League of Minnesota Municipalities Were leaning towards the elimination of garage requi.rements� and also excessive lot requirements. Ms. 8chnabel stated that as a cotmnunity, they were pretty well developed und up to this time� they have required garages, By requiring a garage� they would be protecting those residents who.are already here and have gara�es, frc�m the uncightly pollution of new structnrec coming in �aithout �ara�e� if therc was a stor&�e problem. ORDINANCE N0. AN ORDINANCE TO AMEND TNE 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 follows: SECTION 1. Appendix D of the City Code of Fridley is ainended as hereinafter indicated. SECTION 2. The tract or area within the County of Anoka and the City of Fridley and described as: Lots 7, 8 and 9, Block 1, Paco In�+ustrial Park, and, Lots 1, 2, 3, 4, 5, 6, 7, 8, y, 10, 11 and 12, Block 2, Columbia lndustrial Park, lying in the South Half of Section 10 and 11, T-30, R-24, City of Fridley, County of Anoka, Minnesota, Is hereby designated to be in the Zoned District known as M-1 (light industrial areas), and Lots l, 2, 3, 4, 5, and 6, Block 1, Paco Industrial Park, lying in the South Half of Section lU and 11, T-30, R-24, City of Fridley, County of Anoka, Minnzsota, Is hereby designated to be in the Zor.ed District known as C-2 (general 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 M-2 (heavy industrial areas) to M-1 (light industrial areas} and C-2 (general business areas). PASSED BY TNE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF , 1979. ATTEST: CITY CLERK- MARVIN C. BRUNSELL Public Hearing: February 26 1979 First Reading: Februar.v 26 1979 Second Reading: Publish.......: MAYOR - WILLIAM J. NEE 3 _ � l � l {:� . � � ( _----- --� , . ,;,..� . �;. c _ �/ .—SSSH9 � 'iU��IU ._.' . � - ,�, ,�. -- _ ,,,,, � � -_ : �;.. .�" , , ,. . .;., ,,._ ., 3 A ..„..: ) Robert Schroer ;�';" - �� -' I � r i � „ , �i, Columbia lndustrial Park ,� P.S. �178-OS ZOA 1178-08 , � ' ) il ) \\� , : � -- v��, ' n ' � �� 1 � ( - '' , << � � � � . � , ._ i . ,�P' MIa�oNy6,H�um�liryuM�, a.r� � 0 ��. � eY . �ns m'. �'> ,� iuo . ,) \�.i .. �'. i �� i \ Yj V � l,/ � � I / � � �, d � � � • � � �� .' 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G�, •�O �� '�� , .�i• , �'��' � ` �.}. e >4 .P�i� �� > �; 4. ��sr . , , I • '",�° AD . �`• � Y• - a, o°� � ' �"•' �' ro `��'C �/4Ndlilb� g y +. � O \ 9 �tTa i � 4 �. �__ � "�'.T.F✓ �_i�'�£� ��.. c.,� f}. '� �' t f ' '. SdU' ruee �y ., 's', 1 _ ¢ � � V. 'R�G L � � , :. .: . d �. . i i ; � ! K ' � � � /i!C�F ,? , /if K / � 7S" , .- � yf� -1 y . A�� o . � s ✓ 4a�% , 4w l+ �„(p t L ��\�-� .•i6��SiF .,�4 �f1 .. nnrc5� E-". p!" c� �-�� R�GE, QREEAf .TERRq �Pt�j]'�t'�.- s2uoo MrnqY . Xl isus�n wn —��/ e•"- azsv. (.DST44) � pfy � �� '�r � �%" .� p �� y� �� /<// 1� y GH 1 � . � N' � �\ �i 3 %%;��,1.;aii�yl.�ill�.i � mCREESt� Fi"y. SS' C�• - s. x C l(— � 1�� ' � � � � �,� � �v �\�� : �- p�� I ,,, ... � _ � �, . � ; , ; Py� . p { '� �tJ� �--,�F�� ]� �rh � ,y•l• �^ G ` /� . . •. Z f'A:_ e� 4 ..�L 7��P . � � y , �� • f�G'�>C�^nC GE VrJI�� `�V eer� �Ha P.rm nn! �� y� � � �� t. � a� C �< f�S�i� � C -m m � _ L 1 � ,.�: � \'; ,� � �. � � 'v a C S �{� i n t � i � � l:i qi.;};f atq��i. T f N� 4. ��(�`'�3�:J � 4 , �\4 �' q�S C.�'< \-�c .CG� C rnio�c. �1 � . W E� �FE� t F' . C{�y / S�i J�� + `'��`� �i��` ��r� `'�{� P�flR 1iV� C �� m( ni�n �5 +o�� N:' ,� � � � � �� r y � <i �� , ,i � � �. y, � : �c � r � � � � P \�` ce o �i � �• � i msrnicr i� �- � �fi } �� JJ �. � q� � . n � .I t rnio�er fc l .,� `- rC ✓��. 7 �)' 'j �° Y � t � � ` �1 I I L> 1 L] j� GOMMONS �l� . . � �. � 1��u � � i ` �I Y� � A A� i (Q }- �' ( � C . 9 . . ��JG''�Ti`l"��j '��.`' ,ynr"� �a � I 1 lJ_� ��.� t iJ � `�� Y1_ l .l� L .—L_ '.� .. r( r ��, ( �J'��f; � � tf �. r }o� i s '� . � / � �� I."'-I--i �-� �% �� ...-`l.c��'a-xu—iC�a.a I i - .9'�� r JC PP.CO INDUSTRIAL PARK P,S., /J7g_pg Ehe following items were discussed at the public hearing meeting of 2/26/79: 1) The name of the plat shall be changed from Columbia lndustrial Park to Paco Industrial Park. Z} The westerly 25' of Lot 7, Block 1 and the easterly 25' of Lot 6, Block 1 shall be dedicated for roadway easements. 3) A reduction in front yard setback from 100' to 35' will be permitted on the M-1 property across the right-of-way from the C-2 property. 4) A reduction in front yard setback will be permitted from 100' to 70` on M-1 property abutting 73rd Avenue. 5) In consideration of reduction of the setback requirements, development in the plat will_ ensure that all loading facilities are in the rear yard. 6) Underground utilities will be required. 7) 5-612 concrete curb & gutter will be required along all parking lots and driveways. 8) Approval from the Rice Creek Watershed District is required. 9) The south lot li.ne of tlie proposed plat will coincide with the south line of the existing utility easement. 10) Street names within the plat shall be as follows: Commerce Circle.East Commerce Circle West Commerce Circle South 11) Plans and specifications for street, sanitary sewer and water improve- ments shall be approved by the City. cim�r or �m�t APPI?ALS COfP,�IF,"uIOPd M:iTI;�G - LTISRU/�Y 13e �979 CALZ TO ORDL'fi • Chqirwomsn SchnaUel called the February 13� 1979, APPealo Cormniasion A;eeting to order at 7t3; P,79. ROLL CALT,: W�mbers Present: Members Absent: Others Present: Mr. Plemel� Ns. Schnabel� Ms. Gabel� 2�'s. B�rna hfr. ICemper D�rre11 C1a.rY.� Cor�u;unity Development Administrai:or l. APPRO�� :1PPEALS COb�4ISSI0?I PiINI,fi�S: JANUARY 16? 1979: PdOTIOP; by h:�r. Barna, seconde:i by t�r, Plemel, to approve the January 16� 1j79 Appeals Counnission minutes as written. UPU:1 A VOICE VOTE.� AIS. VGTISiG AYL'� CIIAIRWOI�fAN SCHPiABEL DECLAFiL;D i'I�.' Ni0TI0N CARR`ED Wi ANIP•�OUSi:X. 2. RE?�.�RI't;G OiV T?li9UoST FOR V�RIA"iCSS TO ALLO�d Tr? nE N30TIOPi by :+�, Pleme2� seconded by Mr. Bsi•na� to opan the Fublic Hea�iu�. UPOPi A VO.LCP. VO'.CE� 1'�LL VCTIIdG AY�� CF,r1II'ih'0.1AIP �C$fiABEL Di�CLl1Pi�D THG ?UF,LIC N�6�fiIPdG OPEN AT 7:40 P.Ni. P�s. Sc1u�aLe]. ststed tLat thi.s item had been hand3ed at the �;pp�aZs Coimni:;;aion meeting oi A'over*ber )?+� 197�. Ati that meeting there 4:as a pt<'o2ic hearing �n3 a motinn �ras made to Lhe Ci.t,}� Coimcil to approve ti�c requests �s ^t.ated. The ninutes of that meetin�r ;eiJ.�c� the reasuns the Cenm:is.^.ioners i:ad at that i;ime for approvin�, the vnriance;;. The ��<�elc Po1.lo�airi, thFt i^ecti.�-� th� �{,eili 1:�,-;L t�forP the Flr;nni:tg Cor��nission� flnd t};e °lann:in;; Cor.�mission took tiie F�ction of reca-r,�:�ending to Cuuz.411 thz�t thic ite;n be t;,ble3 io: �J d�ys. i::;en �he ite�n reached the Cotmci.l� on D;cer�Uer �� 1973� ik�e Cuancll. r��reed to tAble ii: for M d;�;, s� whi.ch :rould be Decen:bex� Ji�nu�iy and l�ebr:t:iry. Tiie CounciL h�,3 �iuther di�cus�ion :ege,rdi,ng the R2�pee1;, Co.;.r�ission action: an3 the rec�iiesi c�n�i on Janu3:y 8� 19'%9� 'tae Co;i:ieil ;eq::��ted 1;l�is ai•te�r: be re:tttrned to the P�oUrd of t;�peyls to Le t•econ�.iucreci� �;?�ic}i is tlie renson i;i?is item 1s i�eSore u.r r.ow, 7'ne /�p,pe;�ls Ccm:��issian hon c!iscns;ed i;his item se��cr.al tz�:r.e beceuse <�f thtr.�,:; tl:;,t were rrour;ht to t?ictr eitte7ti��i r,lc�i��; i;lie wt�y. '1'rE� tw� u;o:;L la;pcstant i'.�i.•� ;� i� c a i. Y,o their �1tic ni:io'� r. <:: t, ,;i,� �,t1 L`i�ce..Lc: 1:'� 1�) t' 1•'s. Daz•x•e1]. �:L; r,� tll;s+, ii;e ot�lld.tt � cui��,�;;] • on tLc J.o� .�» .7" }- '� S y,uc..s�.ion v+�;; iiot cuneid;:re3 4 L1I'1 . APF�ALS CO'�1dI�SI011 i•�'�]TIPiG rPP�UARY 13 1979 - PnGE 2 ._Y �—___v_1..�__ � �..-- eondemnAUle by the City� in fnct it was concidered rehabitable� which was ccntrary to inforirutior. given to the Cc:r�vis�ion ou NovemUer llt� 1�j73, ihe second iten that ca�ae to the Corvnission's atteui;J.on +,ras a letter det•ed fiovember 2��, 197f3 from the Cit;/ llti;orney� Vir�,il Herrick, to Clyde i;or�vitz of the Staff� which contradi.cted in;ormation �iven to thc Couu:ission at tl�e P�ovecber l�+th meeting. Each oY the Co�uniosioner� had received a co;�y of 'i,he letter. The ,item in qucction waa perticu- larly the ef£ect that appravnl of this reauest orould have on the leg�al euit thnt the City 4789 cir.reiitly i.nvolved in. That letter rras forward.ed to the Com�n�.ssion in Decer�ber and ii:cluded with it wss a file on other 40 i'oot lots that have had requests for variances from 19�2 to the present. ]dr. Clark sta�ed the Conui.�sioners hed also received a meno froa Council end item 3 of the rcemo lists five ite.ns tY:e Covncil rroald like the Com�issioners to �ddress in either the denial or approval oi the request. , Ms. Schnabel stated that thoee Pive items were reasons they used for approval in the First place. I�.s, Schnabel stated sL-e Pelt the ninutes from the Idovemher l�+tn meeting cuere quite clear a�d quote3 from page 15 ef the miautes. Dis, Schn�bel str�ted� i'or the beneFlt of tne audience, that thz �nain thing that had come �c �he Board°s attenti.on rras that they Pelt tney F:ere mislza.d i.0 several instances. The Pirst arerx in o�hich they were mialecd they :elt �.,�as by the Sta£f person a.t the November Z4th r;eetiug� wnere they were told that• the house currentl.y on th,; lot should be conde��ed� that the Ci.ty r�2nted it conneru.ned even i£ nothing ware dune with it. 2't�at i' aaa u: 1•er,� b�d snape, unii�bit�bl°, •�;:3 sLouZd be torn dow�n. The second thiug �;as tust ti�ey �aere �ilso concerne3 nbou� t?�.e coura� case the City tirae involved in. The Stafi person stated that he had ta]l�ed to th2 City C,ttorney snd the City At.torney had said ti�at i.� the varia^ces were gt•ant?dj there should Le a nota�ion that there was a house currently on the lot and that it was lIl VP2'j� U3C1 condition and was e�fectiag the genexal �es�hetics oi the neig:borhood� nrc3 in gr�ntin� the varianc2s� it kouid i��rove the over-a11 neighborhoed. S=.nce that time they had received a letter £rc� the City Ai;torney which contradicted that statemeui. That state:��at t•ras m.�de crally to the Steff. Sezrei•al day� later, the City Attorney wrote a lezter and in wrii;ing he changed� the Co�iesioners ielt subs�antially� his opi.nion. Phr. I�edegaard stated that t�e day he end £our Staf: people had gone through i:he houa�, the mutual feeling r;as that the house sliould be t�rn BoFm. T�at was the re�son he had co��e this far with the request and also because at the Counc?1 r.:eetiug the bi�yor had i;old him that he felt it wouZd be approved� but nct Lurtil the cotirt case wus taken care of. Ms. Schn:zbel quoted from the letter from Tfr: I:erricic� dated Nccenbe.r 24� 1978. She read the second p�ge of the letter. 2:s. Schn�bel stated that this led the Coramissi.oners �o believe tl�at grnntin� a�>nrovsl of ttiis reguest coi:ld caitse probl.ess with tl�e court cZSe. .;owever� there were si�ill the b�sic Carts rer��inir.�;, This was a lot thei� hac� a structure on it curren-t7.3�� $tie eF�e in litigai�io�i had nc :tructure en it but �.�as a vucant lot. �.Chis yns an =nterior lot� ihe lot in J.lt�l�iti;�021 kq6 a corner lot, Ttii , lot� the nei�hbors suppo��tecl tiie j.:.�rovem�nt� the lot in 1?.ti�ation� t:�e ncighUers did not stmpar•L. Tl�::reavre� D:,, Sci.inabel :;tated she felt there �:ere sub- stantiul diffez•ences. bs. Cl��i^� : i:rrted 3:e c�.� ree3 tl�e�� shotil.d �enr ti�e iio ;cee �lozr�z nuci ctcjrt �'ren seratch� but 1'C wasn't in such eoi:d_.ts.cn i.hat i`c couldri't. l:e re�,eir��cl. .T.l; cniild 'oe rep:�i:ed c�nd J.:[ved :in. For Cl�e n1.c;;hborhocxl� it wnu.ld 'ne better to ha��e l:hc hcuse iurther bsck Prom tl�c r,tz•ce�; a�i(i Le onc- uf riere equ;nl va].ue to ttxe ur.e5 nc�:t door. 7'he liouse ncxt door. was on a ha �ooti lut of couipilz•nbl.e �ziz.e. APFF:ALS CO;��SSSIO;i }.�P7'IP1G, I'I73RUARY 13, ��79 - Pnc� 3 4,� Nia. Schnab>1 ctated the ormer of the house ne;:t door on the 40 foot lot� Ms. �vans� was at the Plovember 14th r.ieebing un3 spoY.e in i'c�vor of the new structure bein, put on the lot� and 1;he on�y thir� ehe aoY.ed was thrai; the plan be Plo�ed� becau,e of the driveway. Ms, Gebel asl:ed if the hou�e were up�raded. and added•'�n to� could it be made com- parable to other house3 in the nei�hborhoai. Mr. Clark stated if they did ++�hat� they were almost back iahere they started fromj becAUSe a•rAriance rrould be necessrary ii' they addc:d more th�n 5� to the house. Once you add more than 50°i of the current value of the house to it, it vrould have to go �through the sarce process to be upgr�ded. Also� it was closer to the street than it should be. It t�ould probebly be more economi.cal to take it down. . Mr. Aarna stated that the existing house was 720 cqur,xe feet �rith basement, He atated i;h�t �+00 square Soot housec without basements were rwu�ing about �%20�000 to $25�000. So tbat would put this heuse at about the �30�Q00 bracket. The exisi;ir� hous� regaired and up�rzded would probably run about ys35�000 to �y'40,000� vhich y�ould still ].eave it F�ithin the reach of a low and mediwn iacome person. The new house on that lot would not be within the reach of the lo�r and medium i.ncome peonle r�hich he sees as bacica.11y more desixable to have it a lower income hot�sing. As he s�tated at the ATOVersber 14th raeetinr3i. he would be sore comi'ortabl.e with a sraaller house ch.an that lar�er house� bec�;use that larger house wou].d rnn �50�000 or better, a�d that would not include the er.pense oi' tearing dorm the existin� house and foundation. I�s. �Ied��aar3 ststed z� would cosi; almost as much to upgrade the er.isti� huuse. i�ir. Barn� disagreed and stated there was not room in the house to put �y15,000, Nm. Clark stated they had re-habed a hcuse ou 60th and Mcain and it had cost almost �10�000 for a new ba�`u oom� re-wiring and ner� trim, Part of the problem with the structur2 cn 2nd Street was that it was enly 16 feet wide and it would be difficult to 1ey out a floor plan in thAt,space. Mr. Plemel asked if the hou�e was occupied at present. Nr. Iqedegaard stated the lady who had rented it wa� in a rest home� and the house was vacant. _ Mr. Plemel asked Mr. Nedegaard if he.pl4nned to acquire it hinse].f. Mr. tdede�aard stated tie did. ,. Mr. P1eme1 quoted from h?:, i.errickc letter tha't t2�e ��ariances should be granted on�jr where there are wiique circwnstances that inroose a har3ship upon the o��m�r; oP the proper�y. This h�rclship must be one tt�at was not self-iuiposed or asswved �cahen the Uuyer �cquired the properi;y. D;r, Plemel stated he would feel difi'er.ent if the owner wanted to tear the o1d house d rnrn and build a new one. D1r. Claric etated thst tk�e o�mer had co-si�ned the reqiiest. P�s. GtxUel s'l,:.ted i:hat b's. Nede�und° c purchnse of the lot wns coni:iugent upon tLe vax'iafieac leo.n;; rr,:uted. 4C APPE:ALS COt!PdIS3I0;1 1"z�TIT�, 7�T:JRU�;ity 13 �.979 - PncF 4 Mr. J3axna atatei he wou].d feel diPferc-nt i.f the present awner was contracting with Ns. P]ede�ra�ard. But as it c�ands, i•�. fledegaard was bi�yina on spec And that puts it in r� dif£crent bull gar�e. It �ould mare it tz celf-assumed hardship even though• St waa in hi.^, nei�hhorhoal and he wr�nted to un�rade it, fie still felt it could be rehabilitated by u yotw�; person who wGnted to b�.�y an inexpensive home. Mr, Clerk stated that the other lots h,ad 'o�en brou�;ht tex forfeit, rrhich wns 3ifferent Prom this case. Also, that person was told prior to purcP.asi.ng those lots thst they were not buildable� but he bro�ht th�r� Y,nowing thet. In t;his case, the petizioner �' would not be out ar�ything if this was denied. A71 he wants to do is upgrade his neighborhood. Nm. Ple�El scated tnat not one nei�hbor had spoke against the project and apparently Mr. Nedegaard had a good rela'tionship with the neighbors and their cor�lete confidence. Ms. Schnabel stated that L;r. Nedegaard had etated that the neighbors had come to h.in when ',-,he hew e rres put up for sele, and had asked him to buy the lot and put � a new struc�ture. Ns. Schnabel si:ated she felt she could see both sides and feZt like she was on the horns of a dile�uaa. A9s. Gabel asked t✓,r. Nedegaard if he could see his w�� clear to do some re-hab on the house. D;r. 1�ad��aexd stated he xould ha��e to look at it again. The only other ti.me he had looke3 st it wns �rith ts. Clark ar.d at thai ti�e' didn�t feel it co•a�ct 7?e re-habed. 1ds. Gsbel s�ated she ��reed wjth D9s. Schnabel� thst it w�s a dilemr.�a. 2�s. Gabel stated that the problem she had was that as leng as there was s stxucture on it, :i.t �aas one cituation� but as soon as they tear dowm the structure� and they have a vacant lot� it would Uecome a 40 ioot lot oroblera. Mr. Cl.ark asked what would happen if the house was not there. Ms. Gabel stuted it �aoul& i;hen be a�+0 foot lot and the City had pretty weZl established a policy regardin� 40 aoot lots� ann the policy did not d3stinguish between interior or coruer lots. D3r. Barn� sta�ed he had chan�ed has iriez,�oint re�ardin� 40 foot lots a£ter seein; wh�t was happenin� in Niinneapolis� where the City �a�s re-haUinF{ house on 40 foot lots an3 they were star.ding vacant. Yeople �•rere not bi�ying houses on 4J foot lots. He could not see a v2able lia foot ].o{; in an w•ban area as being the sensible i:hing to do. A9s. Schnabel ar,ked how much work would have 1;o be done on the house to Uring it,to code. Mx. Clark etated that the eJ.ectrical� heatin� And plmnbin� rJas not nll that bad. Structural]y� the f.loor joists r=ere over spanned, the raf'ters were over spanned� and it was hard to tell wh�t Fas in the w�lls. It wac har.d to know un'til i�hcy s�axted 'I;earing it apart. AI'1'F.AL�COMtd:ISSION t��TTITdGL I'L�3P,UARY 13� �979 ---- YFlGE 5 4 D t�. t3arna stflted that wheri he drove by thc house� he had noted tlwt the rooP did not sng. t9r. Nedegaar3 cteted thcr� wt�o no i.nsulation in the house and none of the windrn�s met code. tL did not Seel it could be fixed for 50p oP tt�e value of the house. t4s. Gabe1 esked if ne wotQd need a variance if he exceeded the 50�. N�r. C1arY. stated h� �rould. The 50-� refe:red to the cost of i;he house� the assessecl valuation. 2ds. Schnabel ,.sked if the setbacic was 20 Seet from the street. I�r. Barna stated it �aas. Nu. Gabe7_ stated that in �terms of the court case, once �the structvre rras torn dotan it become, an identical situation to the other �ia foot lots. DSr. Clark stated 1;hat t?zis p�iitioner was in a different �ituation. D4s. Gabel stated he was not reelly in a different situation because he saas as�um::ng his own proble�s' wnere the present owner �aould not be> Ms. Gabel stated che thought the present o��ner would b�ve a str.onger czse ;,han Nir. Paedegaard would Lave. Nm. Ple7,e1 uoted 'ch3c t�e,y could liken l�s, iledegan-rd t.o someone juct 4aking care oY tha peperwork in order to fucilatat� �atters. The present o�aner wo'ald realize c�uite a bit of tacney if she sold the pronerty to b1r< Nede�;e.ard. D1r. Plemel asked how long the present ow.1°r had o:.ned the pro�exty. Idr. Claric stated he thought it was over 20 yeArs. • Mr. Plemel asiced if she had it built: tdr. RTede¢aer.c'. staved it wae moved in and that it was a cnicl.en coop and all that was added on was the back portch. Ms. G�abeZ stated that if sbe knet•r where they were with •the.court case, sbe would be willir.g to say �o ahead with i't. Mr. Plemel Asked iS they should tab].e it a�;ain. Ms. Schnatel stated that At this polnt it �aas unclear when the City would go to court� and it �aould be real],y uufflir to tbe petitioner to do that. NLs. G�U�l ststeu she felt it rrould be better to tear it do�ni and that the Cor�.mission hsd A res7,�onsibility to the people rrho live there. Dir. Nedet;nnrd ctated he hed met recently 4ri-tli the r,ei�hbors and sugEested they stay home toni�ht� but they were conceri:ed cnd woiild ii�ht leaving the e'sistiiig liome tl�ere. Tlie exisY.iug' sCr.ucture wn-.s a l�az:ird Lo the ncigliUor�iood. 4E l�I': r AT.S CONhfI.",SION 1�iPh.'PIfiG, P'��73RUARY 13� 7�979 PAG� 6 Mn. SchnrzLel suP,gested to 2�'s. 1•iedegaard {:hat he encourage the neighbors to come to the Council meetin6 when this item ia removed from the table� eo thet Council could hear whr�t they have to say. Mr. Plemel stuted that kie lelt they had oovered thc subject prei:iy vrell the first time and �aw no reason to change i;heir. min3s. ' Ms. Schnabel s�tated ehe was concere3 About the s�e thing Ms. Gebel had mentioaed, thai� once i:he present ctructvse was toru ciown, they would be dealing with a vacant 40 Pooti loa,;. Mr. PlemeZ stated they chould also loo)c At it that they should have coue corcpassion tor the lady tryin� to se11 it and recoup her investment. Ms. Gabel ststed that if tbe house was just a chicken coop te begin with� her invect- ment could not have been too great. If someone were to buy it and xe-hab it she would be able to recoup her investment at a proYit. Air. Plemel asked if someone could tuy it and live in it as it uas. Dir. Clark stated that would be difficult to prevent unless it was lived in on a rental basis� in �rhich case it would come under the IiouUir.g Code and they co.il.d step in. h:s. SchnaLel stated that in loolcing Uack over previous requests i'or 40 foct lots; the only one similar was one in May of i965. The lot size ��a.s l�1.5 x 130. They tore dotm the exi.sting hou;e rzn� buil'c a new on2. Tbie reouest �as grani;ed and approved by both the Appeals i�oard and the City Council. It �;as a corner 1ot. b;r. Clark noted that was a tornado d�maged house. TKY.PION by Ms. GAUel� seconded by D1r. Barna to close the Public Hearing. UPOI�I A VOICE VOTE, dLL VOTIIdG AYE, CF�IRWO:iAPd SCFIPiABBL llECLAL'2ED THE PURLIC I�AFtING CT.o�n nT 8: 45 P. i.�. t�s. Plemel stated that sfter going i�Y to it mo:e ihorotUhly� he understands it.better. but hasn't changed his mind from his origical vote. i�t�. 5ctmaUel stated th�t if they concur with their previous recp�mendatian they shauld send to the Council some additional information� specifically how this reque�t di.ffers fra�n other requests in the past. A1n. Gabel rettexated that she did not kuow whGt ihe legal rami.fications would be'once the houce �aas torn do�m and it Uecan;e a vrzcant y0 foot lot. As tflr As h:r. A?edeganrcl tearin� do�� ttie tiou^.e and puttinF up t�r.otlier one, she hrzd no problem� but �ras unsuxe of the le�,aliL-ies once the houce �,as torn de�an. Ats. Schnt�bel .^,tr�ted they ht�d not received thr�t kind of info'r:nc�tion eitliex Uecause the cotu•ts hnd not deiilt with Lhat �roU].em or Uece;uce i.i' �che court, ha3� they hadn't been iufi�riucd on it. nf�rLnr,s cor��zsszorr r,L:��-rzrrc, r�r��ionm i3, i479 PAGE 7 4 F Mr, narn� stated he felt thrat ar ta Bcprd they were charged vrith the responsibility to determine whetl�er they i'elt i;hnt in any particulAr instAnce there :ras a situation wher.e the caJ.e shoutcl be ovcrrldden to the benei'it of a resident or u perEOn wishing to build in the City orho �� hampered by a �itu�tion in t1.e ca:e. Ee could not see z•�here they eould say teer dcrsm tt buildir.3 thai: wac �.uy�e reparable r�nd btiild one thai; would co3t more �,n3 �r�ke it out of the re;�ch oi' the peopJ.e who could aifor.d the house ec St existc, ti�, �arna stated he kno;as o£ m�y people c�ho would buy it and reh�biliiate it. ids. °chnabel stated that considerin� tbe ascount of work the house needed and the size of the lot� they would be a�,�ybe iuterested in a house tha� would not require eo much work. b�r. Barna stated the m:in po.i.nt mi�ht be the lot size. Ms. SchnaUel stated she felt the hause should be torn down and replaced� but was con- cerned abcut startin3 a p.recedent cf building on in?:erior 1?4 fcot lots. There could be the diati�xction that tY:e;� ;rovld permi.t construction on �10 foot lots in the interior oP block� if.there was an existir.� structure there which was considered uon-rehabitable. So consequca�tly, they wo�zl:z permi.t existia� ctructures to be removed and replaced by a dwellin� because �he problems of rehabin� what wns there would be ::o great, and that ciould be a separate issue i'ro� a curreatly vacan� 40 i'oot 2ot. The bottom line was that the peopl.e i.n that nei�hbC!'hOC1 were used to a structure on t!:rat lot an@ to put a new struc�vse on the lot would not create a proble:n visual]v*� as it 4r�uld ii the lot we��e curi�e�rt�y vacant. � Mr. Plec:�l sta�ed that havin� hear.d nothin� at this neeting to change his ttii.nki�,� he would make a motion, 2?0`PIOTd by P�irr. PZer�l, seconded by Nm. Bax�na� to recom:.end to Council spproval of t'�e requeJt i'or variances to a11ow tt-ie const�uction oi' a new d4*elling ut ib525 2nd utreet N�. Pursuaiit �o Chapter 205 of i;he Pridl2y City Co3e� the veriances r.e�3ed are: The required lot area be reduced from 7500 sauare fee� to 5160 square f?et� the front yzrd setLack be reduced i'ro� the z•equired 35 feet to 30 feeb, reduce tl�e side yard setbacks� one f:om the rer,ui.red 10 fee',, to 4 ieet� the other from the requir�d 12 Seet to 10 feet, und reduce the required finished floor �rea fxo� 1020 square feet to g60 square fee't� the increas� the icaximuri lot cove.ra�,e i'rom 25 percent i:o 26 per cent, with the stipulatio:: th�t the existing structu,e be removed within a reasonable period of time i.e. 60 dAys. Mr. Barra stated that as directed Uy Council in t}ie letter dated December 11� 1978, No. 3� t?ie fellowiug z,<<,s a statErient in3icating wi�y thi� request was different frotn previously Urou;hi i'orth ��0 foot lot rec�u�.sts: a) Iieuse nz•esent]y existing on p.raoerty: There is presen�l,y a house existiug on thav prouerty ��hich �aay or may not be ecoi�o�ically fea�ib2e to rchabiZ�l;ate. .`i"},e eaistirg house definite).y is uot ae,thetic�l]y fitted to the nei�hborhocd and tt wosl.d aesi;l:etier�l�,� desixable to re:nove the houce becouse of constr�,ction, tyi>e nf z,�indows and the loca•tion of ttie l�ouse on t;he lot. U) Ilouses on otlicr 1;0� lots in the im�,edi�te nei�;hborho�3; There is a hou�e on a?i0 foot lot L;Ci�j01T.i�ll(j 1;2i].5 loi: ��o i;he nor{;h i�:h�.ch Aecthc�i;iczil�y etll�i�iices the nei�hUoi•l�oo3, There � are liouses on other �a0 fooi; loi�s in tl�e nic;;tiUorl;ood i.hctt cre ver,y �i1ce loa:ing P.ro» • ri:iee ❑J_J. h . � � cir.�: :inlcrior ��t,;, c� Po �•1,7��i,iou n:>Crci i'rost 11r � i-tt:�orl�oo.7 ind:ic<��'i.�'�; „,�crtuntl.al dc,-^1t,.rC:tr.i uf �� ti:��, i�o�r_.; • i.u.��.,er oi n^i r, I� 1,.�`r ''' � ui.= 1;er� preeeiit at i;he Iloven:her 1��th t:;ceting an3 �;l��,y spoke in ;nvor of a new ',tome on this 7.ot. . i.y G rncr t� �,Y��r,s coc-r�isWzo?a t�n;r�rlr;c, ��r.�RtJARY .1.,, 1979 „_.— The neighbor immedir�te];,� to the north indlcnted tiiat her preference �rould be tY:at tl:e proposed house plan be flopned se 1;l:ere could l�e udjoinin;; drivecr^ys which irould maY.e it eaeier for ber 1;o get into her ;,ar3ge. - t�'s< Piec�e�;rinrd� thc petitioner, in- dicctted he had no problem taith that. 'rr. Larna stated hi_s personal estirrate wuuld be that thi. wou3.d not devaln�te {;he other hoeies but wcu.ld er_'.zance the valua�Lon oi' the othcr homes on �+O feot 1ot� ir. the ir.^r.edia�e neighborhood. d� l;emova7, of blight and ;;eneral up� radin�3 of ncighbcr::,00d: Due to the type oP con,truction on i;.,e existin,; home, tnc re�oval of �v:�iy house would make the other homes in �Lhe nFlahbox'11ood lOOlc Ueti:er especially tP_e adjoinin� horn?s i:o the north and south. The constructian oF n house similar to the house to the north would genera]1y� 3-n rny opinion� tip�?'ade i;he nei�;hbo'rnaa3� and in the opinion of 'this 5oaxd I believe. Th° Lnajor difference would be that thie �ras a presez:�ly ac.med lot. e� 7:21e lct �i�nis interior lot: This lot i.s s�n interior lot. The rr.ost important item to �y that this i:, not a tax £or�eit lot. This is a lct which is presen�t:�,y o�i,°d by a private party and thi� would be i:he rrajor difi'erence between this and other requests to the Board. It has a home on the lot ��hich l�as been determined not-rent�ble and in 2�ir. Barna's opinian this request �aas 100; diPferent frori other requests for 1+0 foot lois that have co:*e befoxe the Board> Dtr. �arna stated he felt this wa� a xehabilatation of the lot rather tnan � rehabilii;ation of the house. his. Schnabel noted �that the current o;mer hsd signed the pet3tion and because oi this it zrould not be a specul.ative type of thin; such as th°y have had before. P.'_so� there wa� a request in t>1ay o� 1965 which was similar to this an3 it t•ras �pproved. A4r. Clark ststed ii Council �ranten the requeat it s��a1d huva t.:e stinul�..�ior_ t�iat thE buildinn;"r,e r�move3 within a reason�ble period of tis�e, 60 daas• ;That �,ould be in accordance witih tlie original motion s^�de aL' the Novercber 14th neeting. UPON A VO:L'�"�i'. V(Yi'E� biR. PIaI•?EL9 i��t. B�1R;dA� :�. SCiiI�?ABEL VOTI'S;G �1'F� l�I�TD h:5. GAI3LE VOTIIv'G IvA°; C:IA.1?:dCk?�I uCF1VPS3�L DECL-�� T:� Ni0TI0Td CF�ZRILD 3 TO l. N,r. Barna si�_;ested that hir. Itede�aard get a bi:�l. of estim<.te on the rehaU of the present strnc-cure to shor; to Cv'ancil how L.uch it would cost to rel.abilitate the house. N,r. Iiedegaard thanked tl:e Com*nissioners. 3, ItEQtJ �S`.i' FOR ��:?RI:'1I'TCI�S PU!?SUAT1'P TO CHr1..�`ER '�5 OF TAI' FRSDLEY CT'i'Y CODE� `i� ALI.O?d TI� COP1u�iJi.^lION OI' L:R'ING f1REA 115p'TL Tl� E:iIS^1L^'G GAi�AG� flT_dD AL?,0:� TFD's CO2ISTRLA�TIODS OF A IdF�1 i.ARAG� ,�tT 1367 FS'itI�SID; Di3IVE N.T. TI:T V:�R1i�P;Ct'.S 1iC�sSSP,RY FOR iFiIS CO1�ST?T.iCiIOTd IS ^0 FEDtiG".i ^li'iF�' F1�0:"1' 1r'u�D SE'1'B�eC:.'. F'POid i�v� �'swU�ED 3> i+a!LT TO 1(3o j I'I;P;I`� .1IdD Iv�llUCE 'PI�.r� REk;.U1S.r.D ].0 FG01' �ID� Y.'�RD S::T�AC;i U�t TF� LIVI;IG SIDE Or ^",� I':OL:7, TO 9 FP,;:.T. (Request by Roual.d L. Gusi;af"on� 1367 I'ireside Drive IdE� Fridlcy� t!n� 55��3�) • r:ar:rov t�y .i4r. I;axna� seconded by D?s. Gabel� to open the Public Fiearin�;. UPOTu A VOICP �'�`iti� ALL VO'PI?4G A1T� CcL1T1�S�0�fA1d SCIII�.�"-BL ll'::CL�9RIsD T:II: PUBLIC :IEARING OPE:d AT ;t:�0 P.Id. D;c, Sciln�bel i�ead the r;dmini�trative Strxii Re?�ort ac follows: � � �:,v:`�a.� � � �' y : ,4 �"r§� �;': i `:�� ,. � tn ii�" � � `" `vd a _�,'+�a '�"�;� �� rd'f�'i. 1 0, ..' rr �,a"''._.�� . � { � � �� ?� t �� r �� tir '' �'� � �� w.,._ .. . �j� , �� 4 I � � �� lV�EDEGAARD COi�ST��JCTi06V �Oi�iPAIVY INC. 3403 FOSS.ROAD � S7. ANTHONY, MINNESOTA 55421 � PHONE 560�0070 � October 25, 197$ City of F`ridley 6431 University Avenue F'ridley, Minnesota Gentlemen� The drawing below shows our proposed nex house to be constructed on Lot Nine (9), Block Thirteen (13�, Plymouth. As shown on the drawing the lot is 40' wide and 129' deep and we propose to t�,ti"ld a new house 24' wide and 40' deep with an unattached garage of 16' xide and 24':deep, w " __�. �� y� . �E= � V� .: , W l� � H � ? � � 'I � 0 ' � . � �Q� NED�A�IRD CONSTRUCTION COMPANY, INC. , ��%�/, ��,�,� Gill V, Gruber Treasurer � ' "- f MEMO TO FILE: Substandard Lots 4526 2nd Street NE DATE: December 11, 1g]g SUBJECT: Information to Pass on to Appeals Commission From Council Meeting of December 4, 1978 1) The City Council concurred in tabling for 90 days and directed that this item be brought back to the Appeals Commission, together a copy of the City Attorney's letter, 2) The Council directed that the synopsis of previous requests for construction on 40' lots be passed on to the Appeals Commission for their consideration, specifically, to see how the present request differs from other requests. 3) The Council directed that if the request is approved, a concise statement be prepared indicating why this request is different. Items mEntioned at the Council meeting were as follows: a) House presently�existing on property •b) kouses on other 40' lots in the immediate neighborhood c) No objections noted from the neighborhood indicating a potential devaluation of existing homes. d) Removal of blight and general upgrading of neighborhood e) The lot is an interior lot 4) The Appeals Commission should be advised that proper remodeling could bring the existing house into compiiance with the code and therefore, a certificate of occupancy could be issued. Staff did not want to lead the Commission and Council to believe that the house would be torn down in any case. The house as it stands is not a safety hazard, it just cannot be occupied until certain items are brought into code compliance. Staff however, felt that if possible, it would be more appropriate to remove and reconsiruct a new dwelling. RNS/jm �� J � CMhfilL'9 q. WCAVCR Mf.fiHAN L,TAII.0 vrt�o��c. Hcrtn��K ROtlERT HUNN� WILLIAH r., GOOOPICH OOUOLAS E. n��NT TINOTNY E,CASMIN . t�w ornccs W EAV � R. TA L,L E rx H E R R I�C K November 24, 197II Mr. Clyde I•;oravetz � City of Fridley 6431 University Avenue Northeast Fridley, Pfinnesota 55432 Dear Ptr. Moravetz: J16 E/.3T H�IN �JYNCCT ANOHA.MINN[SOTA 85303 '121 � 6101 � 00)0 WlIVCRSITY AVCNUC N.C, fRIPLEY,MINNCSOTA 554�2 6Y1-J030 This letter is to confir�n our recent tele�hone coaversation regarding tlie reouesL' for a variance to build a residence on a 40-foot lot at 4526 Second Street tdorL-heast. I also acY.nowled�e receipt of L'kiat portion of the �lppeals Comn.ission meetin� minutes oi :�TOVember J.4, 197II that relate to tiaat subject. As you and ehe men:bers of the Anpeals Corc,�ission knaa, the �ranting o_` a variance is diacretionary with L'he Cil-;�. It should Ue done only where there are unique circumstances that iwroae a hards;iir upen tiie ce.ne_s of the property. lhis hareship must be or.2 that wa., not self-imposed or assuwed when tY�e buyer acquired the propert'y. In Chis particular circumstance, it appezr.s that there is a dilapidated house on a 40-fooe lot. Tiiis, of course, is a non-conforming use unuer our eaisting ordinance. Cenerally speul;ing, non-conforr�ing uses are not to be encoura�ed. The int2nt in allowia� a non-confornung nse is L'o permit the oc.ner to use tiie property for its useful life and Chen to have it removed. In this part'icular case, it would appear that the City's options would be two: 1.' To declare the buildin� unfit for habitation and liazardous and liave it removed. 2. To granC the request for variance and allow the construction of a new building. The merits of the.two alternativcs should be cousi.dered by the Appeals.Conunission and the Council before making Llie fir.al decision. 0 �I IC Mr. Clyde Moravetz - 2- NovemUer 24, 197E I Uclieve thaC the granting of the r.equest might well create some problem for Che City as far as c�:isting anci future requests for constructiol on h0-foot parcels. If iL- is granted, tlze City ioould have to take a position that the circumstances in tliis case were differeat: 1) because Chere was already a house on the lot, wl�icli created a substantially greater hardship an the owr.er than in tliose situations where the lot was vacant; ?) Chat L'he �ranting of the variance was compatible with the neigliborhood and wo�ld not have an adver,e effect on the property values of the adjacent properties or the heallh, safety and welfare of the surroundin� resztiential area. In order to argue successfull.y the latter point, it would be necessary to have facCS and figures that would differentiate the nei&hUorhood in this situation from nei�liUorlioods where other requests have been made. Z hope that the above answers your inquiry. If you have any additional questions, please contact me. , Sincerely, � �/��.-�. ' Virgil C. fierrick VCfi: kao �L 0 � i � , . .._ _. v m u u w b G N N � y ' O � [yy U V 9.�-1 N N N . U d f. �0 .-I N H � a t. n e: a w N L 0 N� L y ry O N H'.1 u O O A H V� 3 � o o ,y . o ti�+ a. el N N y H ' . M N N t� G V N A e-� �¢.j� � O d N O U p y N;� . W u n'O O.G '•� ,�C . �H � Li le N N ry 3 p.Y °i N W u w 3.o ¢ C u o � � M U T OI p 0. " � a F �p a °` .� h n � '1 p M e�l H U � . U ? "� N Q L W U � . A' G p U y N � ti ODCf � y � A G � e � 3 C u�. o y v o>. v m o F v1 .-i A !l h I � I 3 c0 �J N i+ 1 u n'1 . I F a I F u U1 M I.i q O u � % � � V+ O I tD G . 'N r:� U' W U 1 �- � I 09 N. 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I:' ... . -. ... ., y . ra l rman rman Qual. ission U ION TERMS THAT WILL EXPIRE APRIL 1, 1979 FOR C1TY COUNCIL INFORMAT lJ PRESENT MEMBERS EXPIRES APPU:NTEE APPOINTEE TERM EXPIRES PLANNING COMMISSION (Chapter 6)(6 Members- 3 Year Term ' Richard Narris 4-1-79 Richard Harris 4_1_82 6200 Riverview Terrace N.E. 6200 Riverview Terrace N.E. (H.560-2491) H.560-2491 James Langenfeld 4-1-79 79 63 z Way N. E. (H.560-1969)(g,332-2316 irman LeRoy Oquist nunity 1011 Hackman Circle =_lopment (H.571-0415)(6.482-3635) irman Robert Peterson <s & 480 Rice Creek Blvd. °eation (H.571-8278){B.571-6628; rman Virginia Schnabel als 1527 Windemere Circle N.E. ission (H.571-3318) irman Ned Storla �n 7548 Alden Way N.E. �urces (H.571-6726) 4-1-81 4-1-74 4-1-81 4-1-79 (Chairman will be chosen 4-7-g2 by Env. Qualit Comm. Chairman wi71 be chosen 4-1-82 bv Parks & Rec. Comm. Chairman will be chosen 4-1-82 by Human Resources Comm COMMUNITY DEVELOPMENT COMMISSION (Chapter 6)(5 Members - 3 Year Term) LeRoy Oquist 4-1-81 1011 Hackman Circle N.E. (H.571-0415}(B. 482-3635) Connie Modig 4-1-80 1330 Hillcrest Drive (H.571-0550)(B. 293-3874) Sharon Gustafson 437 Rice Creek 61vd. (H.574-9582) Kenneth Vos 990 - 68th Avenue (H.577-2246) Alfred Gabel 5947 2'-z Street N.E. (H.571-1288)(6.561-8800) 4-1-80 4-1-79 Kenneth Vos 4-1-82 990 - 68th Avenue �H.571-2246) 4-1-81 EXPIRING COMMISSION POSITIONS PRESENT MEM6ERS TERM EXPIRES 6A •APPOINTE[ APPOINTEE 7ERM EXPIRES PARKS AND RECREATION COMMISSION {Chapter 6)(5 Members - 3 Year Term) Robert Peterson 480 Rice Creek 61vd. (H.571-8278}(a.571-6628) Robin Suhrbier 5564 East Danube Road N.E. (H.574-0939) Betty Mech 1315 66th Avenue N.E. (H.574-1197) Leonard A. Moore, Jr. 8301 Riverview Terrace (H.784-7762) Jan Seeger 324 Ironton Street N.E. (H.784-7441) 4-1-79 Qarbara Huqhes 4-1-82 548 Rice Creek Terrace N.E. H.571-6182) 4-1-80 � :1 4-1-79 4-1-81 4-1-82 APPEALS CoMMISSION (Chapter 6)(5 Members - 3 Year Term Virginia Schnabel 4-1-81 1527 Windemere Circle (H.571-3318) Patricia Gabel 4-1-79 Patricia Gabel 4-1-82 5847 22 St. N.E. 5847 2; Street N.E. (H.571-1288)(B.784-7595) (N.57i-1288)(6.784-7595) Richard C. Kemper 4-1-81 6736 7th Street (H.571-9788)(B.866-5002) James Plemel 4-1-80 6864 Channel Road N.E. (H.571-0026)(6.421-4760x1126 Alex P. Barna 4-1-79 560 Hugo Street N.E. (�.784-5468) Alex P. Barna 4-7_g2 560 Hu o Street N.E. H.784-5468 EXPIRING COMMISSION POSITIONS PAGE � B TERM APP0INTEE PRESENT MEM6ERS EXPIRES APPOINTEE TERM EXPIRES ENVIRONMENTAL QUALITY COMMISSION (Chapter 6)(5 Members - 3 Year Term) James Langenfeld 4-1-79 James Lanaenfeld 4-1-82 79 632 Way N.E. 79 63'-� Wav N.E. (H.571-1969)(332-2316) (H.571-1969)(332-2316) Bruce Peterson 7503 Tempo Terrace N.E. (H.786-9898)(6.853-5041) Marvin Hora 6750 4th Street (H.574-9879) Lee Ann Sporre 295 Ironton St. N.E. (H.786-4237) Connie Metcalf 860 W. Moore Lake Drive (H.571-3596) � :i 4-1-79 4-1-81 � :� 4-1-82 HUMAN RESOURCES COMMISSION (Chapter 6)(5 Members - 3 Year Term) , Ned Storla 4-1-79 Peter Treuenfe7s 4-1-82 7548 Alden Way N.E. 5460 N.E. 7th Street (H.571-6726) (N.561-8318) David Thiele 4-1-81 7300 Tempo Terrace Resigned 1/8/79 (H.784-3663)(6.344-7419) Mary Van Dan 6345 Baker Avenue N.E. (H.571-3177)(560-3050) Marlyis Carpenter 6528 Ben More Drive (H.571-4170) Mary Jo Dobson 1636 68th Aven. N.E. (H.571-5456) 4-1-81 � :� 4-1-80 EXPIRING COMMISSION POSITIONS PAGE � 6 C TERM APPOINTEE • PRESENT MEMQERS EXPIRES APPOINTEE TERM EXPIRES CABLE TELEVISION COMP4I5ION (Code Section 405.28)(5 Members - 3 Year Term} Edward Kaspszak 1317 Hillcrest Drive N.E. (H.571-0441)(Q.332-6951) Harold 6elgum 191 Hartman Circle (H.571-1191) Burt Weaver 928 Rice Creek Terrace (H.571-4327) Carolyn Blanding 5653 Regis Trail N.E. (H.571-5653) Larry Chevalier 6906 Hickory Drive (H.571-7147)(6.332-1241) 4-1-79 Edward Kaspszak 4-1-82 1317 Hillcrest Drive N.E. H.571-0441) B.332-6951) 4-1-81 4-1-81 4-1-IIO 4-1-79 Larry Chevalier 4-1-82 . 6906 Hickor Drive H.571-7147 6.332-1241) FRIDLEY HOUSING AND REDEVELOPMENT AUTHORITY (5 Members - 5 Year Term) Elmars A. Prieditis 6031 Benjamin St. N.E. (H.571-7230)(B.332-1401) Russel Houck 750 Overtan Drive (H.571-3249) Pastor Arnold Stone 6950 Hickory Drive (H.571-9394) Larry Commers 5212 St. Moritz Drive (H.571-5925)(8.544-9321) G�'ff:i .•: .•: 6-9-79 Carolyn Svendsen 6=9-80 5741 hioore Lake Drive (H.571-6060) . • •� EXPIRING COMMISSION POSITION TE RM PRESENT MEMBERS EXPIRES APPDINTEE POLICE COMMISSION (Chapter 102)(3 tlembers - 3 Year Term) Tim Breider 7550 Tempo Terrace (H.786-5341)(Bs. 574-1622) Jean Schell 5198 St. Moritz Drive (H.571-3283) Elizabeth Kahnk 209 Rice Creek Blvd. (H.571-2108) MAYOR PRO TEM Councilman Barnette 4-1-79 4-1-80 4-1-81 12-31-78 CounciTman Cennis Schneider PA6E 6 � APPOITlTc� TERM EXPIRES 4-1-82 12-31-79 ANOKA COUNTY LAW ENFORCEMENT COUNCIL (1 Representative and 1 Alternate) Councilman Hamernik, Rep. 12-31-78 Councilman Schneidzr Pepr 12-31-79 Councilman Fitzpatrick, Alt. 12-31-78 Councilman Barnette. Alt 12-31-79 SUBURBAN RATE AUTHORITY (1 Member and 1 Alternate Councilman Hamernik, Member 12-31-78 Councilwoman Moses, Member 12-31-79 Councilman Barnette, Alt. 12-31-78 Councilman Barnette, Alt. 12-31-74 NORTH SUBURBAN SEIJER SERVICE BOARD (1 Representative and 1 Alternate) Councilman Schneider, Rep. 12-31-78 Councilman Barnette Repr 12-31-79 Councilman Barnette, Alt. 12-31-78 Cour.cilman Schneider. �ilt 12-31-79 ASSOCIATION UF METROPOLITAN MUNICIPALITES Councilman Fitzpatrick 12-31-78 Councilman Fitzpatrick 12-31-79 Councilman Schneider 72-31-78 Councilwoman �doses 12-31-79 SCHOOL DISTRICT �114 COMMUNITY SCHOOL ADVISORY COUNCIL Councilman Barnette 12-31-78 Councilman Barnette 12-31-79 SCHOOL DISTRICT #l3 REPRESENTATIVE Councilman Fitzpatrick 12-31-78 Councilman fitzpatrick 12-31-79 CHAI2TP'.R CO;fl:vIl �:iION YfE�4:TING FL��unl�Y 6. 1979 cni,r� To o�inert Chair.person Ash callecl the meeting to order at 7i40 P.h1. ROLJ� CALL d9E:+1}3ERS PRESEN`P: Clifford Ash, Charles Langer, Pei;er 2'reuenfels, Wal.-� Starwalt, (Jacicie Johnson, 8�00 P.17.), (David Berg, Jeaz7 Schell, 8s25 P.D4. } MEi�4BERS AESENTe Kenneth Brennen, John Swanson, Tim Breider, Bob Picrce, Llaine Kno£f, Jerry Ratcliff OTHERS PR�S�Pdl: Cor.nie 1`�fodir;, Fri_dley n.F.L. Club Pat Gabe1, rridley D.F.L. fvlarvin Brun�ell, City of Fridley llave ScY�aaf, State Senator, Fridley Cheryl i�9oses, City Council Ciiairperson Fish, orened the i;�eei;in� , and s�tated that a± this ti.mc there was not a quorum present. • ti9r. Ast: iioted t•hat he had a lettcr of resignation fram Mr. A�.-��e Tal.kur.en. i�Ir. Ash stated that ;�4r. Takkunen v�as moving out of Fridl.ey. (3ee attached Ietter) Mr. Ash stated that he }iad a letter from Judge Forsberg, and that i;iie Judge did not appoint the twa names that the Cornm- ission had submitted ta him, but that the Judge di.d reappoint the naraes o� the persons who had requested reappointment. ��lr. Ash further ste�ted, that he noEV had three other names, and resumes f�r consi.deration for a commission seat, that wi].1 be forv+arded to tlie Jud�e. �Lettei°s and resuines for��arded to Judge). The nar.:es of the �:hree �veres f{eidi S. L'zcht, Irene tqaertens, vid Nancy Ciievalier. i�4r. Ash nated th;zt he held a copy of a letter. from i.4r. �'ui•eshi, �i:ating 1:hat he also had sent names tu Jud;e 1'crsber� for ccnnideratiuii. '1`kie names �ti�ere: �enator Schr.iaf, Susan N��engast, and i�r:znk. VanDan. 7 0 � ]'a�e ?. �_ C}i,ARTER CO,�f•7T5 �ION i�fc?I'sTIPiG ' FebruarY 6, 1975 7 A Aftcr d.i.cus:;ion, �tlie Commi:,sion deczded that Chairperson A:h, would write a leiter s�atin� the Commission's vievrpoint. The members decidcd that a)1 the names �f pro�pective Comm- .' ission appointee's should be coordinated thru the Commission. Thi� would er:pecliate matter; in gettin� positions filled. They ieli: that t}ie Commisszon nas always sent any and all names to the Judge for his decision, and for the City Council's pleasure. iv9r. Ash si:ated tha't he had a discussion with the League of R7innc>ota Ci.ties. He posed to them some quesi:ions. The questions ai:d the League's resnonse vaere stated in the letter .�7r. Ash received £rom them. (See attachment) The first question was, "could the C:ity adopt charter provisions call- in� ior aui:omatic reca2l?" The answer �vas yes. The second question �ras, "i'or recall of Loca.l Officers?" The ansGVer was - no, except for mal.£easance or nonieasance in office. The last question was, "could tlZe Commission provide for advisory clections?" The answe; tivas, "the Attorney General concluded that ad<<isory electi.ons are permitted provided there is exp7_icit statutory ar charter authority for such elections." 6Yr. Ash stated that he had been in contact vrith it4r. FVillia.ri G. Nelson, Fvho is a salesman vritli Computer Elec�ions Systems. These being the people who sell the Votematic. i�1r. Ash stated that he had a lo•t of mai:erial on what other states do with election systems, and recalls, etc. He stated that if anyone wan�ted copies of any of the materials after looking at the materials, he tivould make copies. D7r. Ash stated tha� he had ].etters of input fram P�7r, Bill Nee, 2a1d 1�1r. D. Schneider, on iten?s to Ue discussed. (See attachment) Chairperson Ash, aslced if there was any IVew Business? f�7r. Brunsell, stated that he mould like to swear in h1r. Ash, and �1r. Treuenlels, as they had Ueen reappointed. D4r. Ash, and ifir. 7'I'CU('I1St1. ;, then tcok tl�e`u� oath ol office. D7r. Treueiifels, :,tated thai: tie and the other Corumission members, v��,�uld lilce i.v th::r�lt ce�cret::z,y' C;iy7 u C:obc;t� for all }�er sex•viees, on hez• d��parl.tu��r :�;; s�cretary. p7[:�: 3 CI{(�iiTl:i2 C0.,1rAT ii]Ofd`+ie�s7.'ING I?C1)lU1TY 6, 19't9 � Pi P,4r.. Ash wa,ni;ed the members to take nate, thr�t he had received a l.ettcr Srom ,1ayor i'�ce. 1'he .�iayor warited to adv.ise �the members that a memorial plaque h�d bee�� placed in the Civic Center for G1r. Ray Sher.idan. (See attached letter) There was no further Nevr Bu:,iness. D1r. Ash asked if there was any 41.d 13usiness? Tliere was none. [8r. A�h stated that it was time to open discu�sion with `special groups' invited to tne rnee�ting. PJIs. "�lodig stated that she had been in contact wi�th her D.F.L. group and had gathered �he following re�ponses to the questions posed to them. 1. Should the ��iayor and�or Administratiorl give a State of the City message annually? Yes, Ms. 'i�ladig's group felt it should be done. 2. After setti.ng their salaries, should the Council mernbers stand f_or re-election before receiving the increase? No, Ms. b�Iod'zg staued that the group i`elt it was not valid. That t;iere had not been any abuse in the pas�t. Stye further stated that they felt it could be done in say �ir, month�= �Lime. 3. STlould tiiere be a limit on er.penditures for opponents to a petit5.on? Should i;hey also file with the CitS� if they arganize themselves? A1s. 14odig, stated that tlie group's feeiings were, that both proponents, and opponents shouid �ile, Uut no limits should be placed on either one. 4. Should the City h;anager serve totally at the pleasure of the City Council, makiiig �the job political? Yes, ��Zs. Modiv stated, the broup felt that then the City Council had some control. s. Ref. Section %.02 - Should there be a limit on the money spent i.n addition to the mill limit�tion? Someth9ng like limit dollar i.ncreases in tiie bud�et to the raC� of inflation plus 1 or 2 percent? ?,1s. ,tiio�ii�; �'ta�teJ t.l�e thc „a•oup fel�t �l.hcre were ;i:lread,y .Limit;; sct, and tliat anY furLher 7.imits wcrc not neeaed. PaG;E'- 1E CI{ARTi;R CO;IG1Ic;S70Ia Pr]TiP:TTNG Februar ,,,G 7..�79 � C 6. Should thcre Ue a 3.imi. t on th<: numbcr of term � a pert;on can scrve on the Gity Council? Ms. ;+lodi� stated that the D.P.L, group felt no limit should be se1;, thai: the voters 'Chemselves could, and would, limit the terms thru the election process on whether the mernber had done a good job or not. 7. Should the Council increase in size now tha,t Fridley is much larger i:han when the Charter was adopted? No, D7s. hlodig stated, that the group ielt there was no reason thai: an increase was necessary. 8. Should newly created Boards, Cammittees, etc., have a termination date or is rejustificai:ion necessary for further existence? P+�s. i�fodig stated her group's feelings were, that it was not necessarry, as most are limited a�yway and reviev�ed. Also, thac most were not regulatory or paid positions. 9. Can a person hold more than one elective office? Ro, [�Zs, fiodig stated that �ihere w�as no need, and that thcy felt it may not belong i.n the cliarter.. 10. ShouZd thex•e be a fair carnpaign przctices sec'�ion? No, Iti�s. tvlodi� stated they felt it should be left to the legis}.ature and doesn't beZon,; in the charter. i1. Should �t;he Charter have something on ethics of Council members and City Admiriistra�tion? PAs. Dlcciig stated that the group felt no, that there was al.ready a city ordir.ance on this, and tlzat it was best left alone, because it vras more controllable the way it is. 12. Pef. Section 20� - Shauld there be a change on how vacancies ' of unexpired terms of Councilmen are filled? 1�Is. :i9odig`s �roup felt tYiat they could not speak on this que;tion, Uecaizse they realize the difiicult;ies involved in the mechar�ics of elections. They would lilce to see the Conm�ission deal. with the difficulties of the mechanics first. Plus, they realize the expense of having an election. �� P�i,�_� C}[t1k'P,.ii� CO3�1;1IE;SI:OI4 i:li�Js`i'iNG I'ebru��y 6, �.979 7D Discu:,sion tooY. place on ex.plainirig the rnechanic3 and the co�t af having an election. ' ' B1r. Ash, ,tate�l that at &:25, �vith i�4s. Sche11 now presen�t there . wa, a quorum. 13. Sh�uld there be an au�tomatic recount on clo,e elections? Senator Schaaf, stated that he rzow has a bill. on his desk dealing with the probl.ems of close elections. He stated that he felt, in Pridl_ey, the candidates, and the citizens, would be happy with an automatic recount. Diecussion w.ith Senatior Schaaf and the committee members ensued on different �+ays to procede viith a�.utomati.c recount. Senator SclZaaf, made the comment, that he felt that state- Fvide legislation on �Lhe E�hics questions was better that �he City setting limits. hluch discussion with Senai:or Schaaf and the Committee members ensued, on different vrays of legisZating ethics, and the problems �vith le�islati.ng ethics. Discussion began an rninority appoin�ments to ca.^�mittee's. ri7r. Star�valt, �:�Ir, Langer, i+'.r Ash, an@ S�nator Schaaf dis- cussed their views and i@eas and exper.iences an minority appoin�ments. b7r. Ash stated that he had one meeting with a small group £rom the Republican Party. He stated that their uiews rar� almost exactly to what views P.Ts. Alodig's group had stated tivith the following excepi:ions. 'Phey had mir.ed fee].ings sbout the Cii:y Manager's joU. He further stated that tlte groups feeling ran about 60 to 4Q on the 'dollar limitation', or to leave it lilce it is now. Also,f�4r. Ash, further noteci they seemed to have a miaed feeling on the 'salary increases'. Discus�ion ensued bet�+�cen h1r. Lazi�er, b1r. Ash, •,?nd Senator Schaaf on dii.�erent metheds of obtaining sal.ary increases. t�9r. Asl1 c�ntinued that the Republican groups feeling on 'lin;iting terms', �vas that it �vas up to ihe voters to limit the terms. There was no cJ.ear cut conseiisus regas•ling 'nev�ly created Uaards', from the �:z•oup. Pa ce 6 Ct[ARTi;R CU41dI;SSION �A1;iiTINC Februar.y 6, 1.979 Council�er:;on Cheryl Mo:;eu inqtii.r.��d as to what the consen;;us wa:: uf t}ie commis:sxon on an automatic recoiznt in close elections? P�Ir. A�h stated thai: from the input he had received, the consensus was that yes something shoul.d be done, and that yes the Cominission would be able to do somcthing. Discusszon began on the open positions on the Charter Comm- issian. f+ir. Ash si:ated i;hat tl�ere were five open position�. D70TTON wa� made UyP4r. Langer tu submit ta ihe Judge the five names the Commission had for consideration for a posztion on the Charter Commission. These names, plus the names sent to the Judge, by "+Zr.. c�ureshi, weuid total eight nanes the Judge woul@ then have. 37otion was Seconded, by P.4s. Johnson. Upon a voice vote, aIl voting aye, �he [�9o�tion carried unanimously. Bec<:use oi' the confl.ict of ineetin�s, �or Council memUers, it was decided that tk�ey should be invited again to the ner.t mee�ting. PnOTI�N by;.9r. Treueniels, Seconded by n?s. Schell, to adjourn the meeting. Upoii a voice vote, al1 voting aye, the meeting adjourned a� 9:35 F•�Q• ' The ner.t meeting will be P�Idren 6, 1979. Respectfully submitted, Elaine Reed Recording Secre�tary Attachments 7E a �%� , �'' .�-�,� C'��, �/�� ,%7L� �' fy_ ��.et'Y��tJ �c-h�,-re.c,t�ct-,J _ .�-�� L�.�-f,, ,� 2� d�r�.�,�-z�:.�- ��r . ��'*y,,:�;... /'�c,,.��,� ;�.� , (� �,vt��,� .�. y i, �� a 7F ��..C��; _ . � a� ,a-wl�� ` �,�-L� � ca��,n�a=G�;,, �a/ a � �»-�_e�,-,.l�v � �� -- � �-��,��v %�,-�>z��.cc��..� . ._....... . . �!^re. wLl. /�/I�l/ � .��.LZ'�� /l�y Q"'y�i� //Z.r�'XYl /LiltiJ �.K � � i .. ... . ... . .. . . . �"✓L( /�'TJ"L� �i7�"l. /�� i�-VY`fiJti • .iC�✓ Nvl.li L�C' Yyl�i.YLCi/!'t4� • . � '/ �� . ,� Q� U�� .... _ �... -�=M-yL-i¢k' C i"''u� lC.�-Qtcc.�cll�c-,v rr�v=:L�� ..��u-� �/�-e--•.c.-[?J 2� �i.Ut�,.� .. ... .. _ . .. � L'JL`-r.t� � �<`.-r�.u.�.� -d-�-c-c'_ce4-A�.L. �.C=LG`,�C�.C.l�G�'�d/ Qtit�i��y�� -,^��. �� .�i�-�� . 6 `�� _ . . _ _._ . _-_�.. . . . .. . _ . . .. . _ . ._ . . _ .. _ . . . _ . ... .�+�-cCiccL��. . _ _ . . . . _... . /; Q � __. . . -. . . _ . .. . � l�Ciln�t(i / . �� __ _ __ __ __ _ _ _ __ __ _ _ _ ______ _ __ _ ____ _ __ _ __ _ _ _ _ Ee�c�ue o� P"i-!Ei`lit�SQ�c� C!�lC,S January 24, 1979 Cliff llsh Chairman, Fridley Charter Commission 460 Rice Creek alvd. Fridley, F4N 55432 Dear R1r. Ash: Vern Peterson has as{:ed me to respond to severai questions you raised concerning city charters. Please accept our apologies for the delay in responding. Apparently, Vern's note asking the research staff to respond to your original question about a month ago i-,�as someho�•t mislaid. As I understand,'your first question tivas whether the city could amend its charter to previde for an autornatic i,ecoui�t for close elections. N.S. 410.21 specifically authorizes a city to adopt charter provisions governing elections; to the extent such provisions differ from the general election la�•rs, the charter provisions govern. Thus the city clearly could by cha�°ter amendment provide for an automatic recount of close city elections. You also asked for copies of statutes governing recall of local officers. A copy of M.S. 410.20, alloaring charter recall provisions, is enclosed. Note, hoo-rever, that a 1959 h1innesota Supreme Court case held that recall pursuant to a home rule charter provision must be based on malfeasance or nonfeasance in officc. The reasoning of the court was that since i°ecall is a form of removal, it is restricted by the provision of the Piinnesota Constitution which alloti�s removal only on those yrounds. In other words, an elected official cannot be recalled for solely political reasons. I have enclosed a copy of the case in question, Jacobsen v. Naqel, 255 hiinn. 300, 96 NlJ 2d 5b9, for your use. Your final question t�ras �ahether a charter could provide for advisory elections. The Attoi�ney Genei�al addressed this questior� in /1.G.Op. 64-0, Sept. 27, 1972 (LMC 1£O,j), a copy of �vhich is enclosed, and concluded that advisory elections are permitted provided thef°e is explicit staCutor�y or charter authority for such elections. h�inover buildinq. 4(;D ci:dar :,Crcet. ;;nint p;�ul, ri�in,,e,:;ot:.:� �5101 [G12) ?�'?-2E3(i1 7G , /` _ ry� / ...%` . ...sJ// ;� . �;•. _._.�_�� o ` '/ m .M,`� � ` i; � , :\l�(. �fµ , � � � `Ji �� ,'�f; ., �, i� S'17� 1 �:� !i:[I �"f i i} : PI<Ui�1: �� C��i� 6431 UIJIVGRSITY AVENUE N.E., FRIDLEY, l.AINNESpTA 66432� FRTDLEY CITY CFIARTCR C0�'i+tISSION 6ILL f�[L SU�JLCT: POTEf�TI(1l CI1ltRT[R REVISIO�d TC-LGPHONE (012)S71•3�450 January 30, 1979 I appreciate your iirditatior; to con�!;�erii, en so�ne of the ,�oteritial Charter F,evi- sians �-ou are co�,`emi;l�,t�ir�q. T�-lish T co�i?d 'ce ��ith you on Feb�uary 6th to pa.;•ticipat� in yo�.:r discussions, but I ii:,d already set a m_etiny cn th� ';Sister �;l�j� ��1"G'y'fL'Ci" SOfli� W°B�:S 25p ollU 1;�1f' lI1Vi'�d��:10115 tC d Ii;lllib•�i 01" lYlt^cPZStOr� C71;17_c^."1; �}cl[i d�l"BdC�J' �pf:' Oi11� D� Cil(: 1;lllu_' 1 Y'L'CB'IPECi ,)�UUi" 1hV1{:d{;i011. �`��/ iiL`Ii�Y_�?� ��Clll��_C� �r1C'4'.' I viet;� c!.�;° C.ity i;harte:r in much tne s�une light as otn° Stai;e and �e:ieral i,onst�tu- :1�011, 2�i l'.1'0\'�I;i'ill� d�011i+ Oi $i;;:�l�lilt,y PC�j)1'CSC'ilj;lll'� �t��tC °giver,s" 0{� OG!" ��0'Jiii"f�ll:'4��Ti;:1� j�l"'ui;C'SS. fby° �hat reasen, i:his very basic °{;llli:�l"111�° 4!'ILfI I am inclinrd to taf:e a very conservative view about cl?anging GOCUi11L'tlt--�i'ilic'i,:I1P-Y'_Lildt U° �".SC('1�)cCI d5 '�T'li1C-'i,lllllYlCj'° lta L'f it. That's noL io sav the doc«ment is perfect, oi� se,crosanct, but Fr�idley city governr,�ent: I��as Leer, generally s�iccessful un:icr �its sti�•uctin��, so I�feel tne r�-�sv:ts inilicate !ae sliou]c! �,;?�iroach an��ndrier;t �rith caur.ioi�. I tiiink it should ll�t�. �)? 'l:il(? 111S�L7:!"iZI1L t01' c.CC00iiJ�75�1'.!?Q CJOd�S l'!�i'IC�I Cdi1 ��C' dC�(�1'PSSE�� ll'OLlC��I leg�is7ati��e o•r pc1iiiral pe:,cesses, ancl I ao; reluctant �o see it char�g�ad in i°esponsc i:o ,vhat i?:ay Le ti•,u�sient conc�r�ns. f'ut anoii�cr° irr.,. T�,:;,uld a��g��e ihat in�less t:h2r'e is a clear p�•oblcm th�t murt. ;,a ��c!ciress��d in the :�ery foun:!ai:ion of tha go;�ei�rnnental s;:ivr,�ui•e--ti�at it-- slic:u�ci Le a:ldress2d b,y nn�a�ls oi:hci- than CharCer �•evision. Co�icr,•n i na 1':,in� ]{ cins 1. S!;ould 1;Le Cha�•t.cf• �•equire a"State of t:he Ci'ty° ni: ssaqe? � QOiI�J';�. 7i' �l:ilCl�i? Ij. �l II.^i'.(i ��(!1� �i :;�i�!I'1-PI' ilCk:!l::;li!I1{: {�0 (iCGG!�1��i5�1 �:�i1S.. 1 dG! .. I10'�: i'0?7�V Uj��1D:;ti� �'J StIC�) i:ll Giil;?i:l��J�_'lli.; �lU� -li�-'l::li_'1'l-'. 1F. il�l,y' j)i1Y`�.1CII�iU' (�CS1Y'C �l)' �.�li,` �ll'�1!ll'. ��C'�Y SIIC�I ii oL,l'.::`19�?nj.� �. il�ll `,.11i'V �t�IC �.?'fV �l!711�:� �)i` 11d��j)}� �(1 C�Q $l�.' 7I I think you should bear in mind that a cenCral �nro 61cin t-rith both the State and Fedcral "State of ttie " ines,<igcs is th��t Chcy erid up beinq siniply pnliti- ca� ruessac�es dressed iaj� in Cunstitutional robe.--9iving them more vreight Lhan (�olitical stateinents may deserve. Tl��y tend to I�e (unclei�standa�ly) self- serviny for the incum�erit adininistration. An added problem occurs if it is used (as it often is) to present an "agenda" for Che coming year. T17is adds to the nressur�e foi° continually proposing "new pro9i°ams", �-ihen in fact the public interest may be best sei°ved by either retrenchnient or by refining pro9rams already in place. It may be appiro priate to require the pub7icaCion of the annual financial report (as the County does), but I find that even that published report is almost impossible to place in oUjective perspective. As you may recall, bacl: in the eai-ly 1960s (�;hen I was ��tayor before) I initiated . the praci:ice of publishing an "Annual Report". This N�as distributed City-��aide by mail and had in it a generally objective stateir.ent of tne previous year's activities, a suni�nary financial repo�°t, etc. Even though �-�e made genuine efforts to make those Aiu�ual Reports objective, they were inevitably rose-tinted. I don't knorr of any a:ay of requiring the prepara- tion of such a report that G•rould indeed accomplish a total1y objective presenta- i:ion--t�;hen in fact there is no �;ay it can be totally objective. In each case it is prepared and interpreted from a particula.r ��oint-of-view. After I left ofiice in 1966 that Annual Report was discontinued and thr. City o-renl: i;o other means of accomplishinq siir,ilar co�rmunications goals. The forriat was the Annual Calendar, ��rhich is norr being discontinued in favor of more co�nprehensive quartei°ly he��rsletters. I t�rani; to stress that I don't really object to preparing and giving a"State of the City" presentation, but I doubt iC will accomplish much that is useful, and really doesn't i°equire a Charter provision to accomplish it. All it needs is some indicaCion tl�at the people tivant it done. 2. Requiring Council Alembers "to stand for re-election before �°eceiving the ben�fits of a salary increase. I am not a�aare that this pov;er conferred on the Council in the original charter has been abused. "fhe Councii has not increased its pay since 1973. (4Jith the increase taking effect in 1974.) I Lhink there ai,e valid pros and cons that balance out. I would not oppose such an amendment in pi,inciple if the Commission felt futut•e Council's could not be trusted to act ��esponsibl;�. liowever, I think there iiiay be soirie technical pi°oblein that may need to be �ti�oi�ked out due to the staggcred tei�ins of the Coimcil. If the lii:oral l�ui�uage of yo�n- lettei� tti�a, adopted, iaith cach uiember having to stand fior elect.ion before a ne�J pay scale t��ould Zpply, you i,�ould have Cnuncil� inembe��s bcing paid at differci�t rates i'oi• the s��mc �vorl: (i.e. because of stag- gerc�d clections. �i �?a_y raise ado�,f��d lliis ye;n� �•;oul�l tal:e et'I'eci: i�nequ,illy o��er a i.fu'ec yeai• cy;:le). I am cc�nfi<lent that troi+i�i bi� illiryal. _?_ 7J 7K As tiiin<�, stand n�i�-�, �it: lcast onc uu.inl,er•, and in liiost cases two mcinbers, do no4i stand for c1ecl:iori I�et�recri i:lie time thc pay scale 'is seti and thc t'irne it takes effect. (That is, the p�y :>cale i"s seC as parL of the budc�etin,y ��rocess some- tiime before the elections and does nut tal:c effecC untii tlie follo�-�in9 year.) I am not sure hovr it mi�ht be dra�•m to accomplish your goals, but my main reaction is that I don't thinl: the present poa�cr has been abused. 3. Er.penditure Limits on Petition Opponents, I assume this refers to the issue as it relates to petitions for Initiative, Refei°endum and Recall. I think there have been abuses in the past in this regard. The �instance t-ihich coines most to mind i°elates to the Refe�°endum held on the CA7l+ Pranchise ordinance. �ihe company spen± a lot of money on printing, media advertising, postage, etc. to irin that referendum (No limlts.) ldhile the opponents could not spend anything. �fhey had already used up their $50 limit in the petition process. It seems i:hat what is sauce for the goose should be sauce for the gander. Unfortunately, a recent U.S. Supreme Court ruling on a related rnattei° (concern- iny use of private funds in elections) r�ay mal:e it difFicult i;o �aoi°f: up a provision that is Constitutitinal. In any evei�t, the fi50 limit on petitioners is, Lotally unrealisi*ic. It ��tas set at a time ��hen U first class stamp cost 3¢ instead of 15$. I hope you �ropose a revision in the inax�imum allo��ved. 4. 7enure for the City f•tanager. T am not sure �vhat the suggestion is in this section, but the use of the ��ord "polii;ical" in the question seems to color the item. I would suggest that you mal<e iC read as folloi-,�s: Should the City Pfanager serve totally at the pleasui°e of ti�e Cii:y Council, riaking tl�c job fully accountable to tl�e elected representaiive of the people? The 1•tanage�• does noar serve at the "pleasui,e" of the City Council. I would oppose an amendinent to yi�-e him/her any substantial shelter from that circumstance. In i:he City Dtana9ei• concept this measure tal. It involves thc problem of I:ecpiny and accountable. of control by the Council is fundamen- a bureaucracy �°esponsive to the peuple I agree that Cii:y bltu�agcrs are_ ex�osed to political hazards rrhich sometinies may noi; e•elate i:o ob;jeci.ive ev�iluations of competence and pei°formance. So, too, are �la,yoi's--and Co�mcil �4U�ibcrs. It is i:riie thai: sonu� Cif.y I°i�nagers have heen abused--not iii P�°iclley, buC clse- �ahrre. All ioo ofi.r.n thcY arc uiadr. thc :;cri��eqo;:Cs t•�hen soinethinq qoas t��rong, ait�i l.hat's not unl}� rcgrcl,ti�l��, but rnnsi�l��i•in,� i.iic hiJ�lcn but h�i9h intci�n,�l co,ts of i�i�pincin�� a manaqe��> ii: is ��si:ciul. -3- r��.��ti,�i�,s„ systcin--in the ture. - 7L I vievt this cr,posur�e as a"neces;ary evil" in tlie Citiy 14�anager inLerc�ts of achicving accounCability in tYic governmental struc- T��rould oppose giviny any City I-tanayer moi�e "shclter" than is already provided in the Chari:cr. 5. Should thcre be adciitior�al spending limits imposed? I don'i think this or any previous Council has ever abused the fairly broad potvers tihe preserit Charter provides. In acldition, the Council is alrcady boxed in by sevei°al I:inds of spending limits, both si;atuatory and practical--and complcr, forces beyond our conti°ol impact. on us to make it even Couyh2r. For examplc, ��e have the statuto��y requirement of a levy limit on one hand, ancl the statuatory requirement to submit: i;o binding arbitration on police compensai,ion on the other. The arbitrator, in ma{:ing his compensation a4;�ards, has no concern for our tax base or our taxir:y potim r as limited by Charter and statute. Fridley City Councils have al�,�a��s been fiscally prudent, but I recall that after the tornadoes of 1965, ti��e found it necessary to dip deeply into reserves to salvage the City. I thinl: ��e rrould have bee�i in sei,ious trouble if v�e had not had the po�•a2r to.use that kind of disci�etion. Us9rg that I:intl of discr-etion is ti•;ha+. t��e ai°e electe�f fo�-. I don't I:no��; lahat the future may bring to ather Councils, but I thin{: past Councils have demon- strated tl;ey justify youi° confidence in using good sense a6out taxes and otlier public money. T would oppose fui,ther limits on the Council's authority to control the City's finances. • 6. Should there be a limit on the number of terms a person can serve on the City Council? As one who is noi•� ir, his 5th "Term" on the Council, I suppos� you might expect me to oppose such a provis'ion--and I do. Not so n�uch for my own peesonal reasons, birt simply because I thin4; thc concept introduces more probleins than it solves. First, it tal;es froni the people their i,iyht to decide for themselves �aho they want to serve them. Second, it ai-bitrarily discai•ds the benefits of valuable eaperience, long-range pei•spec$ive anrl continuity. 7hii�d, �it adds io the ��ressure foi� rapid chanqe �;�hen sometimes i;he more prudent cou��se of action calls for patience and small steps. Fourt(i, ��ii.h continual turn-over, ii: �,�ould i:end i.o inal:e tlie City Cowicil ever mui•c rcliant un s(�.�ff. ]i tnLcr; t:hc ��peri��nr.c af ;evei•til )'cars bci�ore a C.ounrilmembcr h:is 1.1i�� ins'i�lht �uicl s��li -ci�nl idcncc I.o co�� r.i th ��n cnti'i�nchc;l sL��fif--i.o pirovidc ihe dircci,ion tihc cli�i:tecl rc�?res��ntai.ivcs arc chargecl ivilii. _��_ 7M f�ift;h, in ��i��^ cases it nr�y rcduce the incentivc snine mcmbei°s may fE�el in the t.iay of public accounC�?biliLy. I vrould I,c uncasy about tihat may come from a Council on t:hich three or iour rnembers a�ere nut cuncerned about gcLting re- elected, 7. Should the size of the Council bc cr,panded? I don'{: ihinl; thcre is an obvious necd for it. The present roembcrs aren't overloaded a;hen it co�nes to constituant sei°vice, and the present sti°ucture provides vridediversity of opinion--especially in viet-� of the extende�l Coinmis- sion structure vre activcly use. ldhile the benefits of an er.pansion are not obvi�us, certain adverse consequences occur La me. Fi�°st, it viould pi°abably disrupt a rcpresenl:ation balance a�h?ch has a certain element of genius to it and a•rhich I tliinl: Las served tl�e people of Fridley vei°y i•�ell; name1y, the "mix" +rnich 9ives euch citizen tlie benefits of °V1dPCj represeritiation anJ still yives hirn a��ote crn a"irajority" of tlie Council's members. (This concept could be main'tained, of course, by adding one 41ard member and one mor�e membei� elected °at large"--but that does not seem to be the point of the proposed ar:endinent.) I don't tl�ink I�v�ould flatly oppose such a change, if the Commission feels strongly abcut it--but I don't see thai it r�ould improve the quality of city 9overranent in this case. II. Should hoards> commitiess, etc. have a predetermined terraination date or rejustification for fu�°i:hei' er.istance? Qy and large the City Cour�cil has inade adjustments in the Committee structui°e as our needs change--withcut it being required by Chartei°. Thei°e are five "commissions" that; are statutory and that Gae v,ould have t�rouble "te�°minating" even if �,�e �Janted to. They are (1) t`�e I'olice Civil Se�°vice Conr:nission, (2) the Nousing nuthority, (3) the Health l3oard, {q) the Planning Commission a�id (5) the 13oard of Rppeals. Tl�e Plannin9 Commission and Goard of lippeals are also p�"��U��all°��I�h�est Charter (in addition i:o having a statutory foundation). of the "ad��isory commissions° ��,e use ase sCrictly the invention of the Council and are suUject to ctian9e as the needs chanye. I don't think the Cha��ter Co:»mission should substit.ute its judgementi for that oF future Councils on �-�hat pattcrn of advisory g�'o�iPs ��»Y best sei've the CitY�s necds in ca��it�g ycars. 7he�°e is no need to do so. 9. Can a person hold more than one elecCive office? I stts��ect cither st�te si'.atul.e or case 1ar+ t��ould htive someth'ing on this since it I�eai�s on lhe basic rights of citizensl�,i��. Gonerally> I think ii. r;ould be highly und�,;irablc� to p�?rmit it, buC i think ii: is bcyond our jur�isdiction. '(o date> I am not tt��ai•e. of any problc�us in Cliis regard--no need i,o deal �aith it. _;_ ., I�lhile nn the simface it a�,�,c,�r�s thai; I:hc Cnunci1 has delegaCed tliese po,rers i:o thc ;ubcomni�it:tces of the I'l+�nrrin��Cnw!ui�.sion, in actual fact, aftcr thc suh- comm'iCtees eleci; tlie'ir� t�r.�pecC'ive r.hai��persons, tliey ar�e then appoirited tiq the Planning Conimissiori by Cc�uricil kesoluCion. In the case of thr: f�oai-d of P��,�,eals, state latv prov�ides the Council �rith the opt�ion of three difr`crent ;tructural forrnats, but it docs not pei�mit the dele- gation of appointive i°esponsibility to any sinyle person or oLlier body. Vlhether or not the Chart;ei° Comnission should stipulate the "rul�es" the Cour�cil rz»Y �d�pt with refci°ence to the non--statutory coinmi;sions is wliat, is really involved. These would be tlie four subco,nnrittecs of the Planning Con��mission, their ad {ioc con:,nittees and the C!1'(V Fidvisory Comnrittce. I question whethcr or not tl�e Charter should involve itself in the subcomnrittee sti°ucf:ure. As I mentioned previously, this is subject to continuing change as the perceiveci needs for advice charye. foui� years ago, thi°ee of t;�� four nresent subcorunittees did not exist, and cei°Cainly the ad fioc committees come and go as the need dictates. I question the desirability of i:he Ci�arter }imitiny tlie Council's ability to select its osm� advisors. In actual p�°act?ce I think the present process has resulted in a wide diversity of perspective and cpinion coming fi°cm the advisory bodies, and I doubt that providiny for i;�dividual uppointm�nts arould result in a broader or more repr�e- sentative distr:ibution. **�; �,�* One aguin, thanks for permitting me tc participate in your delibei�ations. I wouTd appreciate an oppoi°tunity to meet r�ith you in the future. iJ,IN/nts CC: Fridlcy City Council � _7_ 70 T0: Fridlcy Chai-Y,cr Co�niniJJ1OI� FRO(q: Councilman Dennis Schneider 14f_I�iO UATF: February G, 1979 RC: Proposed CharCer Changes Thank you for your invitation to attend tfie februar,y 6, Charter Commission mecting. Unfoi�tunately, that date conflicts t;�ith a prior coum�iiment rec�ar�diny the Sistcr Cities program, so it is unlil:ely that I �iill b� ahle to be present. I'd lil;e io nffer my general thoughts and then commenc briefly on each point raised in your letter af January 15. In general, I vie�;� our charter as our coriscitution-=something that should lay ouC broad and general po�,rers and restrictions on these poti-rers. It should not, in my opinion, be a detailed impleir�entation docun�ent. Holdiny this vievr, T take tlie general position that the charter should not be changed unless a specific problem is identific�d. Any change should be sunpo�°table by facts dictating a need for the change. As regards yo�n� specific items, hei°e are my con��inents: 1. Should tLere Le a"State of the Cii�y" message? I have no strong Feelings 911 this, although I o,uestion the mechanics of this. The "Statc of the City" message is not needed by the Council-- the intent �,�ould be for the C� L�ZL�I�S. LU1, I�O11� is .i:he messagzs distributetl? It vrould abviously have poliiical ovei° ton�s, so it. ouyht not be in a city i,e:,�sletter. An:l, unfortunately, even ii the Sun carried ii., not ir�any of our citizens rrould sce it, ?_. Should Council inemt�ers stand foi° re-election before receiving salary increases? Under our present system, some meinbers of tlie Council are e.ltrays up for i°e-election befoi°e any changes in the budyet are iinplemented. Unless the method of staygering elections is ch�u�ged, any �roposal alon9 this line t��ould ci•��ate a situation ��he�°e people performing tl�e sa�:ie t�iork �lould be receiving �mequal ��a,y--I si�spect that this is illegal. T'm unat•rare of alhen the council lasi: increased its salai-,y--it �+�as before my term. Revieaiing sal��ries of ot.her• City's, I can't see a+here this power has ever 6een abused in the past. ' 3. �hould i:hei�e be a liniit foi� opponents to a petiCion? Should ��etitiion groups filc �;�ith the City? Clearly t.he charter, as na;i wriCten is unfiair. It in;poses an tanrcalistiiccilly lo�a liinit on one side of aii issuc and no liinit on t.he oChei°. I suspect thaC an)� limit �:�ould t�e considei�ed unconstiitut'ional on eii:her side--thus I'd support. t'cionv��l of all l imits. 7P r��,� z , 1�1eino i.o fridlc.y Cliart�r. Cninmission, f'etrruai�y [, 1979 R(t: Proposed Chartcr� Chanr��,<; I fcel that i,hc publ ic has a right to I;not•r �•�fio's su��porting an issue, and i•�h<�t side Chcy're on, �� I'd su�,port a rcasonab'le di�closure provision. h. Shou1d T.hc City I4anagcr's job Ue ��olitical: I assiRine from t:hc plirasing of Lhe cunstion thati the Charter Comnrission a+ould lil:e to see The City �t��rager remov��d from control of the Council. J arou7d strongly o�;po:e any ciian�3e, fhe Ciiy lianager must be.accountable to somc.one elected I>y the people. The only °c:l��f," the Council I�as is the hiring and Fii°ing of tiie r.;ty F1ar!a�ter. The Charter forbids any Council �involVCillCllt in the �dministi�ation of i�fie City, yet the pul.,lic holds the Council responsi�lc (a; it, should) for City operation. The 19anagcr iiiust be accountal,le to the Council in my opinion. 5. Shouid there be additional limitations rn� the budyet? 7he City o�,e�-aCes und�ar r:any liiritaCionsalready-those iroposed by the charter, those ii�iposed by Liie state, and those indii,ectly imposed cach tVovembei° r;f�en one or niore Cour.cil iner�ber st�u�ds for elecCion. Fridley {ias enjoyed good city services at a tax rate lo��er than most ofi it's neiqh- borinq conr,nunities. T see no i•eason to impose riore restrictions--clearly the taxing auLhoi°ity of i;he Council has noc b,en abused in the past, 6. Should i;here be a 1 irnit or� t:i�e number of terms a pei°son can serve on the Couiicil? � The vocer�s have the rigLt ,.o decide thas qi�estion every three years I'd oppose a lim;t imposed Ly the Cf�ar�ei,. 7. Should the Council increase in size? I see no i,eason ta increase tf�e size of the Council. The Council aloi,ks �;�ell at its present size. Unless a neec! for a size increase e,as justified, I'd oppose a ciiarter chanr,e in this i°egard. 8. Should boards and Coinnissions ha��e ter•iniration dat.es? Since most of the City Cnna�iissions are advisory, and iremhers volunteer their tim2, I see no reason for the Charter to become involved in this area. 9. Can a pei,so;i hold'more than one elec�ive office? I'd assume stnl:e lat�i covers this. If not, I'd have no objection to a charter pro��ision preventing a Council mem�c��° from holdinq mo�•e than one elected position, 10. Should thei�c he a�fair campaieln pi,actice's section? �eing up for r-e-election this year, I'd lil;e to see a stt�ong fair camp�iign lat;. TYPically inannbants are Lhe target of unfair campaign tactics, Unfert�mately, 1'm not sin�e lio�i the mechanics t��oulcl rrork. The. state has inzny 1<ii:s in i:his area> tli�� court:s scem i°elucCant to ever chanc�e the n�i{:come c�f �in election. 7hei�e are, in my mincl, siqnificant qu��sCions o( cnnst.itui.iunal it,�� iised by some prc,��o,ed faii� car�paiqn resolutinns ]'he see:�n receni.l��. If yciu ctui come u�� i:ii.h soni�thing ihat's cci�stitui.ionnl, enforc.enble and Pair, 1'd �mobahl,y support it; alt.hou��h I'm not sur•i� the charier� is i:he a��n•opr'iate place for• s��rcii'ic 1 �ittiti, 7� I'agc 3 I�cmo to Pr�ilcy Chartcr Commi;;sion, February G; 1979 12c: Pr.oposr.d Chartcr Chan��cs � 11. Should i:he cliartei° address etfiics? As tiie orir�inai.or of Fridley's�,resrnti code ot eth'ics ordinance, I strongly rrould favor chorter changcs 'in this ai-ca. I'd caution you, ho�,revei°, th<<l the sul�ject �is inucli more compler, 1:han �it appe��rs. � Constitutional riyhts, data privacy laa�s, and othcr state laias form a compler, i�el, of oi'ten coni'lictirg opinions of �•�hat can and cannot be included T'd be happy to share lihat I've le�u-ned about Clie subject t�ritih the Cliarter Com,nission. . . � 17.. Filliny of vacanr_ies on Che Co��icil. I'd support a lanc�uac;e chanqe to the chart�r to clean-up the mechanics in i.his area. Generally, I'd oppose any ehance t�fhich provides for an appointive process to fill uncr.pired terms. This hloverrber's election clearly sho�r�ed thati people do i�ot atant appoin�ed poli�Cical leaders. 13. Sl;ould there be an automatic receunt on close elections? Yes, I'd support a charter chanc7e in this area. In a clo�e electior�, its unfair to the pub7 ic arid the car�c;idat.es noi to have a i°e�ount; and presently a recount �is a very er.pensive procrss i°equiring alle,ations of eleci;ion irregularities--a potentially destructivc situatinn, since that raises questions abouC the incegrity of a syste;n I believe to be cotally honest. 14. Should appointments to Eoards and Com�,�issions be Chanaed? � Should the ina�•or appo'int members to City Sei°��ice? nri>o;�,tn��,ts to [Soai-cis and Cominissions, �ii��i°e not dictated Iiy Si:ate law should be at the di�cretion of the Council. I see no need for the chai�ces- to gei; in��olvec( in s�icfi rouiine affairs of the council. � I'm unclear as to your second quest�ion. .I'�e seen a different version of your letter r;here Civil Service is me�,tioi�ed. If you're .ddressing jobs r�ith the city, tho�e should.not be handled by the Council--that's what the City Ptc,nager is sup�?osed to cfo, lf you're addressing the IIRA and the Police Coranission, I beleiti�e staCe laa� dictates the appointment process. Thank you for asking fo�° inpui. I'in sorry to have to miss your � meetin9. P d be happ�� to tr,y to appeai° at snme other mecting, oi� to meet informally idith ariy of yotm membcrs. DZS/pg 7R . .�:�� . / / . � �/�. . ��I . % $ � .,, �, � �� " �� C�' G�� ...��,3' , ..---_ ; '�� I� 8431 UNIVEIISdTY AVEi�JUE N.E., FPIDlEY, �dINNESOTA 66432 ;�.�; �� T@LEPHONE ( G12)575•3450 �'. f �.� �{ �, � '� ,l' ,. , .�Yr�� 7r. CliFford Ash, Chairman Fridley Charter Commission 460 Rice Creek �7vd. �d.E, Fridley, t•1innesota 55432 t�ir. Chairman: January 24, 1979 e A gr2at many pcop7e felt the need to "do someihing" to recoynize and m�;noralize tf�e life and enormous contribution made to our coirnnunity by Ray Sfieridan. In addit�ion to be`ing a gr-eat human being, h� ;vas an exemplary citiz�n. • In he?ial�` of ihe peop7e of Fridley th� City Council has placed a bronze men:oriai plaque in ti�e r�ain eni.ryti;�ay i�f fhe Civic Cent.Er. I 41�il�Cl a;,preciate it if you ��iould advise Ray's friends of this. PerhapS the next time they nave an occasion to visit the Civic Center the,y wiil ti�;anL to take a moment to stop and read the �)ar��eria7 and spend a f'ew moments reflecting cn i:he selfless service and hu��antiy of Ray Sh2i°idan. 4fJtJ/ms Sincerely, �� %� �z.,,� l� J�.e,z— William J. fJee{� hiayor ��ro��t�� T��i-t C��ssi�� 801 American Center Building St. Paul, Minnesota 55101 612/221-0939 February 22, 1979 Mr. Richard N. Sobiech Public Works Department 6431 University Avenue N.E. Fridley, MN 55432 RE: 1979 Passenger Waiting Shelter Project Coope-rative Agreement Site Number(s): C-809, C-920, C-866, C-436 C-438, C-867, C-868, C-869 Dear Mr. Sobiech: The Metropolitan Transit Commission has approved the plans and�specifi- cations for its 1979 passenger waiting�shelter.project. It has also authorized its Chief Administrator and General Manager to enter into cooperative agreements with cities and other parties to provide for passenger waitiiig shelter installations at locations where ridership does not meet current MTC guidelines for shelter installations; into which category the above referenced site(s) fall. Z'he cooperative agreement is a way to allow for installations in cities which would otherwise not be included in the shelter program. Provision has been made to ensure that anp city will be eligible for at least one shelter installation per project, if a cooperative agree-- ment is executed. Basically,.the agreement calls for participation in the form of financial reimbursement to the MTC for one half of the local funding oi the shelter. The sheiters are funded by 80% federal money and 20o local money. S9e estimate the individual costs of the new shelters wil7. be in a range from $3,000 to $5,000 for the purchase of shelters, and related site improvement and installation work. Therefore, the participation share will be approximately $300 to $500 per shelter. Additionally, the agreement calls for routine maintenance to be performed by the party entering into the cooperative agreement with the MTC. Routine maintenance includes litter pickup, snow removal, weed and grass control in the vicinity of the shelter and�window cleani.ng. Any structural repairs to the shelter would remain the responsibility of the MTC. Three copies of the cooperative agreement are enclosed for execution by the appropriate individuals. Please have the agreement executed and return two copies to the MTC for execution. A completely executed copy will be returned for your records upon execution by the MTC. 0 � ., PAS>F:I7GP:R 61AT'i'ItdG SFI):T.:IT-.[L CO01'fiC:1lTZON AGRBGAIENT FItdANCIAL 1.'A1tTICIPATIO� MTC Contract No. Sitc No. C-F309, C-920, C-II66, C-436, C-n3II, C-F367, C-86E3, C-IIG9 THIS AGEiEE24EDIT, made and entered into this _ , by and Uetween the day of CITY OF FRIDLrY � (hereinafter referred to as "CITY") and the 2-�TROPOLIT.'�N TRF�NSIT ARF.F1, a publ.ic corporation and political subdivision of the State of Minnesota, acting by ancl through its governing body,� �the bfETP.OPOLITF�IQ TRANSIT COt•II7ISSION (hereinafter referred to as ��6ITC" ) ; . S•?ITNESSETH: -. WFiBREAS, NiTC, pursuant to authority provided in Minnesota Statutes, Section 473A.06, Subdivision 5, is empowered to use public streets and - riqht-of-way for..the,;purpose of erecting��ssenger waitinq�shel�ers;_and :_., •-SVHERERS, the parties on October T,. 197� .. entered into'an agree- ment for'the installati:on, oper.atibn and maintenance of passenger wai�ing shelters; and ' ., WHEREAS, .the �CITY. zecogn'1z�s �e benefits' to� be_�afforded its citi2ens ' r�t3iere�y and fhu's wish'es to 'cooperate in 'sd establishing passenger waiting ' � St1C'1tGYS. . . . . ' . . . , . . . . . . . . .. . . �� NOW� THEREFORE, THE PARTIES HERETO AGREE AS�FOLLO;�iSc .� � :i � .� 1.. t1TC'S OBLIGATION. The t•iTC shall make a11 necessary site improve- . � � ments•£or one or mor� passenger waiting sheltexs, rhe location and description of which may be £ound as Exhibit A to this Agreement. The b3TC shall provide al1 necessary shelter site improvements, to include but not limited to, concrete base and site restoration, and as set forth in Exhibit A af this Agreement. The btTC shall furnish and insCall Type C or D passenger waiting shelters at the locations identified in Exhibit 1� of this Agreement as part of its next pas;,enger waiting sheltc:r project. The shelter shall remain the property of ttie PSTC. This agreement is subject to the successful acquisition by the MTC of all approvals, pennits and site leases cahich may be required. Additionally, the h3TC reserves the right to limit the ntunber of shelters installed in any city wider the nexE project to o�:e, including any sl�elter not covcred by this cooperative agreement. nll sites being con�idered for the project have been priorit.ized. If more than one sitc nwnber is li:ted above, additional sites may be incorporated into thc pro;ject fsom f:iss�t to last as pr.oject func3ing II].I.OSJS. ■ �. • Page Twa CITY OF I'P,7J�I,T'y I'INAIJCIAI, PA[YL'iCIP1�'1'IOtJ AGREi:[4�td'P The MTC shall indemniiy, defend, and�save harmless the CITY from any and all claims by or on behalf of any person or persons for personal injuries, wrongful death or property dacnages arisiny out of Lhe pezformance oi these � consCruction'activities, or any act or occurrence'committed in or arising fYOm thc use of premises for passenger waiting shelter purposes, except such claims arising from the negliyence of the CITY. 2. CITY'S OBLIGATION. The CITY shall p��rform routine maintenance (litter picY, up, snow shoveling, windocr cleaning, �veed and qrass control, etc.), unless noted otherwise on Exhibit A. Upon completion oi the o�ork at each site and upon a billing by.the .. . MPC, the CITY shali reimburse the MTC for ten percent (l00) of the actual ,: cost oP the shelter installations up to but not to exceed five hundred dollars ($500.00j per shelter. . 3. t•fODIFICAT20NS OF AGREEb1£NT. This Agreement may be modified only. upon prior �aritten��approval of the AITC and the CZTY.. .. . 8C 4. Except as.pr4vided herein,'all terms and conditions of th� Passenger ' Waiting Shelter.Permit Agreement of October 1 1973 _ between the CITY - �. and MTC shall��PP1Y. :. ' _ . . . .5. ' It is agreecl that neither party relinquishes or waives any,9f.the responsibilities�or power imposed upon it by law:or requlation by the execution of this Agieement.- -. ' IN WITNESS WHEREOF,. the parties hereto have caused this Agreement to be executed by thezr respective duly authorized representatives as of the day . • � first above written. -, � . � - _ � . � .. � METROPOLITAN.'.TFtANS2T� AREA by �. �. .� . . ' . 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C a+ .V O a�i U � Y � .L 4 i z° � C� � � O/y W � m 'a :� � � a `c � � J U � lI a J � 75TH AVE NE c 3 0 N v Q N 4 c � � s° 9 �" 11 N � .{ N '� O r � C � Q � 3 L �> v 0 o i N -{� ��(1 a s v � + � �' N v 3 N v Q1 y O h• V w � J O � � �L V � � � � .. .0 Y '�� _ � � a �, m 3 y t�. % T - O S ~ v k � � t- N a � F� J w � � � ��' d a o � N W a- Z .- (V H S "C � �C �G �/i •� ` � � x � ,� 1 � � w �. O � z {y � z .N W w .1 �, H .0 Q Q �. W (T� 'J M~• ^-- W � � � � 3 .�- e � �� + ai �1- L m � � z a F.. � .� N C r HO .� CN �S N �•� .1 �.-I R�U O N � � � N f O �� G � .. �iw � tt .. �O1 Y � q N r n J 3 `� y i V � fC � MEMO T0: Nasim M, Qureshi, City Manager MEMO FROM: Richard N, Sobiech, Public Works Disect r�' DATE: Pebruary 27, 1979 SUBJECT: Execution of Contract for Consulting Services Attached please find a proposed contract to retain Suburban Engineering as consulting engineers for projects in Fridley. It is recommended that Suburban Engineering be retained to provide consulting services for utility construction in Yaco Industrial Park Plat. Discussions with the propexty owner indicate that there is a desire to grade the lots and streets prior to utility and roadway improvements. I feel that the entire project can be better coordinated if the engi— neer involved in the grading plans also pr.epares the utility plans to ensure that grades associated with the lots will match with the utility construction. Suburban Engineering has been retained by the petitioner to perform services relating to the site c.ork. SuUurhan has performed work for the City of I'ridley in the past and it is requested that the City Council consi.der retaining them to perform tne engineering services in this project. RNS�jm Attachment 9A AP� AGRE[MENT FOR PROFESSIGNAL ENGINEERING SERVICES THIS AGREEMENT, dated day of 1979, between the CITY OF FRIDLEY, Anoka County, P1innesota, a Municipal Corporation of the State of t4innesota, hereinafter called the OW�dER, and Suburban Engineering, Inc., hereinafter called the COP:SULTANT, provides for the terms and conditions under which the OIdNER intends to retain the CONSULTANT to pro- vide Professional Engineering Services required to complete preliminary project design, feasibiiity report, final design, construction drawings and specifications, and other reyuired contract docuinents, contract administration, construction staking and resident representation. The OWNER and the CONSULTANT agree as set forth below: A. SCOPE OF PROJECTS AUTHORIZED The actua] description and scope of each project and any special conditions to this agreement shall be established by the OWNER in his letter of authorization to proceed with that specific project. Each letter of authorization shall be issued from the City Manager's office upon recommendation of the City Engineer. The CONSULTANT shall sign and return to the 04dNER a copy of this letter indicating his intention to proceed with the work so authorized. The CONSULTANT may elect not to proceed with the vrork if he so desires. B. SCOPE OF SERVICES The scope of services to provided for each project is as described in "A Guide for Engagement of Engineering Services" adopted by the Minnesota Society of Professional Engineers and the Consulting Eng- ineers Council of Minnesota (hereafter referred to as the 1972 Guide) or as modified herein. Basic Services shall include preparation of record drawings for the CIdNER. A summary of these Basic Services is as follows: 1. 6asic Services - Preliminar Studv Feasibility Study and Preliminary Design shall include the normal planning, engineering and land surveying services as follows: a. Collect and review appticable existing data and reports pertaining to the project which may have a bearing on establishing routes, service areas and ultimate design criteria, -1- .� b. Completion of preliminary engineering design of utility and/or street alternates including supervision of pre- liminary soil testing as required, field checking critical features of routes by level circuits required for preliminary design to establish project feasibility, and to de�elop preliminary construction cost estimates. c. Submit project feasibility report to 0!ANER including, but not limited to, engineer's certification, discussion of feasibility study findings, and proposed project descriptions, engineer's recommendations as to selection of alternates, preliminary cost estimate summaries, proposed method of assessment, preliminary assessment rolls, and typical notice of public hearing. 2. Basic Services - Final Desi n Final design, construction drawings and contract documents shall include the normal planning, engineering, land surveying services as follows: a. Refine alternates selected by the ObJNER to extent necessary to develop final plans and specifications. b. Perform field surveys required for final design. c. Supervise soil borings required for final design. • d. Prepare construction drawings. e. Prepare estimate of construction costs. f. Su6mit plans and specifications to the OWNER and applicable governmental agencies for approval. g. Prepare proposal forms, advertisements for bids and data for construction contract. h. furnish additional copies of plans, specifications and contract documents to prospective bidders. i. Assist in securing bids and conducting the bid opening. j. Tabulate bids and recommend action to be taken on the bids. 3. Basic Services - Construction Phase Construction phase services shall include the normal engineering and land surveying services as follows: -2- 4. a. General supervision of project during construction to assure conformance with the intent of the plans and specifications. Such general supervision shall be limited to periodic visits to the construction site by tne Project Manager. b. Assist with interpretation of plans and specifications. c. Review shop drawings and related data of the Contractor and manufacturers. � e Coordinate the work of testing laboratories. Consult �+ith and advise �he OtdNER during construction. f. Prepare a final report to the OtJNER aahen construction is substantially complete. g. Prepare as-built dra�v�ings following completion of construction. Record dra��iings submitted to the 6ldNER sha1T include one (1) mylar original and one (1) paper print of each as-built plan sheet. h. Prepare and process the Contractor's periodic and final payment requests. Additional Services The folluwing services ar�e not co��ered in Paragraphs E1 throayf� 63 a6ove, and if any of these services are authorized by the OWNER, they shall be paid for by the OWNER as hereinafter provided. a. Revisions of plans and specificatiens after approval by the OWNER and/or local, state or federal authorities. b. c .J Construction staking. Construction management operations. As-6uilt surueys. including daily inspecti.on of Contractor's e. Land surveys, establishment of boundaries and monuments and preparation of land and easement descriptions, both temporary and permarient. f. Preparation of final assessment data from information r'uri�ished by the OWNER. g. Assistance to the OWNER in negotiation 4vith individuals, corporations, municipalities, or any o±har locai, state or federal autnorities for acquisition of property easements or right-of-aray �r agreements required for the initiation, pro- secution and construction of the Project. -3- 9C � h. Special meetings attended or trips made at the OWNER'S request at locations ot!�er than the Qy;PaER'S or CONSULTANT'S office or the Project Site. C. FEES FOR PROFESSIONAL 5ERVICES The OIJNER shalT compensate the CONSULTAN7 for completion of professional services descri6ed in Paragraph B above as follows: 1. The fee for the CONSULTANT'S BASIC SERVICES, as described in Para- graphs B1, B2 and B3 of this Agreement shall be based on a percentage of the actual construction cost or, in the absence of actual cost figures, on a percentage of estimated construction cost. The per- centage determination shall be based on Curve B appearing on Figure 2, Page 15 of the 1972 Guide (Attachment T) unless otherwise provided. The net cunstruction cost used to determine the compensation rate on all projects for which the OWNER has authorized the CONSULTANT to preceed on the Final Design during the period from January 1, 1979 to Uecember 31, 1979 shall be the curtulative total of the actual construction costs (final payments to contractors) or estimated costs thereof in the absence of actual costs. Unless otherwise provided, the compensation rate for those projects te rniinaied after the pre- liminary study phase shall be based on 6% of the estimated cor�struction cost rather than the percentages shewr� on said Curve B. In the case of sanitary sewer, watermain and storm sewer projects, the do13a�• amounts deteimined by the use of the said Curue B shall be reduced by an amount agreeable to both 041NER and COf4SUL'fAfdT to reflect a credit for previous comprehensive studies which will be made avai1a61e for the CQNSULTA?�T'S use as described in Paragraph C of this agreenent. Any other Bi17ir.g credits due the OWNER will be specified in the letter of authorization described in Paragraph A. Progress payments for 6ASIC SERVICES on individual projects shall be based upon an interim compensation rate of 6.00q and shall be made as follows unless otherwise provided: a. BASIC SERVICES - PRELIMIfJARY STUDY: 15% of Basic Fee, payable upon completion and acceptance of the written feasibility report by the OIJNER: or a lump sum fee as negotiated with the OWNER. b. BASIC SERVICES - FINFL DESIGN: 70� of Basic Fee payable in monthly increme�its based on the prbgress towards completion of final plans and specifications. c. BASIC SERVICES - CONSTRUCTIO�� PHASE: 15% of Basic Fee, payable, in monthly increments in the same proportion as periodic payments to the construction contractor. Final payment due after final inspection and approval of the Project. -4- 9E 2. Payment for the CONSULTANT'S ADDITIONAL SERVICES as described in Paragraph B4 of this Agreement sliall be determined by multiplying actual salaries (reduced to hourly wage) times a factor of 2.7 and applying the resulting figure to the actual time spent on the project, including travel time for all personnel. The maximum compensation for all necessary construction staking and �nspection for each project shall be 6.0% of the final construction cost f.or that project. 3. The O�IJER shall compensate the CONSULTANT for all reimbursable expenses, actual expenditures for the CONSULTANT'S additional services, other than the hourly fees, directly connected with Lhe Project, including cost of soil borings, testing or special consultants as directed by the OWNER and identifiable materiaTs, services or supplies used in reproduction of records, drawings and specifications or field work. 4. The OWNER shall compensate the COtiSULTANT for naking major revisions in drawings, specifications or other documents directed by the OI��NER when such revisions are irconsistent i�lith taritten approvals or instructions previously given and are due to causes beyond tY�e control of the CONSULTAttT. The 6% limit of Paragraph C2 of this Agreement shall not apply for these authorized additional services. D. 04dNER'S RESP�NSIBILITY The OWNER shall make available or allow access to all existing data related to the work and all other data or information which may develop that could possibly har�e a bearing on the decisions or recommendations made undar tl2is ayreement. The OWidER shall specifica?ly provi�e: 1. Copies of the calculation and supporting data from any reports cevering the trunk sanitary setver system, v;ate nvorks improvements and storm szwer system as submitted to the OWNER. 2- Proposed or approved subciivision, P.U.D:, plats and other pertinent data ��hich may have a bearing on planning and engineering decisions. 3. Topographic mappins and boundary surveys. 4. City records showing names and legal descriptions of property owners for easements and assessments. 5. Authority for representatives of the CQNSULTRNT to enter lands for surveys and other information relaEed to the design and construciion of the Project. 6. The 041NER will pay for all soil testing required throughout the design and construction of the Project. 9. The OW?JER will pay for laboratory tests of materials and workmanship. 8. The OIdNER will provide legal assistance for easement descriptions where necessary. -5- 9F E. TERC�, TERMINATION SUCCESSORS AND ASSIGNS 1. Term of the contract shall be concurrent t•�ith the work authorized between January 1, 1979 and December 31, 1979. 2. Termination may be accomplished by either party at any time by written notice and shall be effective upon payment in f.ull for all services performed to the date of receipt of such notice, provided, however, that the CONSULTANT may not terminate his services during critical stages of individual projects as de- termined by the OWNER. 3. The OWNER and the CONSULTANT each binds itself, its partners, successors, assigns and legal representatives to the other party of this Agreement and to the partners, successors, assigns and legal representatives of such other party with respect to all covenents of this Agreement. 4. Neither the OWNER nor the CONSULTAfIT shall assign, sublet or transfer his interest to this Agreement without the written consent of the other. F. CONSULTAt�T' S RECORDS, DOCUi�iEIJTS, AND INSURFlNCE 1. The CO�vSULTANT shall maintain time records for hourly fezs, desiyn calculations and research notes in legible form and will be made available to the OidNER, if.requested. 2. The CONSULTANT reserves the right to secure and maintain statutory copyright in all published books, published or unpublished drawings of a scientific or technical character, and other works related to this Project in which copyright may be claimed. The ObJNER shall have full rights to reproduce works under this Agreement either in whole or in part as related to this Project. One copy of each drawing shall be provided in reproducible form for use by the OWNER, but the original drawings wi11 remain the property of the COhSULTANT. 3. The CONSULTANT shall carry insurance to protect him from ctaims under Workman's Compensation Acts; from claims for damages because of bodily injury including death to his employees and the public, and from claims for property damage. G. EXTENT OF AGREEMENT AND APPLICABLE LAW 1. This Agreement and all letters of authorization described in Para- graph A represent the entire and integrated agreement between the ObJNEft and the CONSULTANT and supersedes all prior negotiations, repre�entations or agreements, whether written or oral with respect to the Projects to be authorized. This Agreement may be amended only by written instrument signed by both OWNER and CONSULTANT. � 2. This Agreement shall be governed by the Laws of the State of Minnesota. IN WITNESS WHEREOF, the OWNER and the CONSULTANT have made and executed this Agreement: FOR THE CITY OF FRIDLEY Witness tness FOR SUBURBAN ENGINEERIN6, INC. �,c�,��.�., /� %2�, �.--- W�tness -7- � 0 By C/L /l.�tL-�c<� � / Title�/.�� P, i�� Mayor '.ft Dated��q� /�'� ager 9G � i , , i � � ', I i I � � `i I I j ; �� i I I � ; _ ; i ia 13 12 Z 10 .. � a .� 9 c .� �e U G I � 7 0 __..I —�� - Net Construr,tion Cost 50,000 100,000 250,000 500,000 750,000 1,OOQ,000 2,000,000 4,000,000 6,p00,000 II,000,000 10,Q00,000 2C,000,000 !1 l �.11l % from Curve B 10.05 9.01 7.81 7.00 6.63 6.22 5.75 5.30 5.10 5.05 4,97 4.88 ---1_:I1=L � I I I��i . -- � i ��i ___ . _ _ _ � � . _.-_ _. - ____!-' !�� __ __ . � _�__ _ --- _ _ -,- - !i��I __�— - - _! a __ _ _ _ __._l_. _�__i_L�I I I I� ..�_ �..�-_ fi 1---- , , ; _ l i, ._ �_.� i� 1� 1.. .--- i 5 { � ; - I - - � , - - _ __ _ _ -__-- � l�: 1 _...__ l__.__ I _ _. _ _ � —. __ a° - -- .. - -- __ . �� I . _._�_. _ . _ - ..--- -- -- � Ii� � � 0.01 0.05 0.1 0.5 I 5 10 INet construction cost, in millions of dollars 50 t� � FIG. 2— CURVE B, MFDIRN CpN1pEiVSATiON FpR t3ASIC SERVlCES, EXPRESSED AS A PERCFNTAGE OF COiVSTRUCTION COST FOR RROJECTS OF AVERAGE COMPLEXITY. i From 1972 ASC[ Manual No. 45 � I —15— — — ' 9� RL-'SOLU'f'ION N0. RL;SOLUTION RI:QUES1'INC 'CtIB D4IN�'ESOTA DEPARTMi;NT OP TRANS- PORTATION TO INS'P�1LL 1'RAF'PIC SIGP�AI, AT TFIP, INTP,RSECTION OP TH 47 ANU 69TH AVI:NLJE NL' (ST. 1979-5) WHEREAS, the City of Fridlcy ar.d the htiniiesota Department of Transport�ation (MnDO'T) recognizes tlie need for installation of traffic signals on TH 47 at 69th Avenue NE; and titi'IfEREAS, the City of Fridley understands that due to low priority, and lack of fundirig for installation of the traffic signals at ttiis time, that hlnllOT cannot proceed following tlie normal cost sharin� agreements; and WHERHAS, the City of Fridley desires that traffic signals 6e insta ll ed as soon as possible to protect the health, safety, an3 welfare of the residents of Fridley, AiOW THEREFORE, BE IT R�SOLVHD, that tlie Gity Council of the City of Fridley requests h1nDOT to design and install traffic signals at the intersection of TII 47 at 69th Avenue vE, and that the City of Fridley agr.ees to pa.y The c.unstruction costs. BE IT PURTHER 12ESOLVED, tliat the City Council of the City of Fridley, ivill pursue future x•eimbursement of the construction costs irom D1nllOT, based on normal cost sharing agreements. ADOPTBD BY TfIE CIT�" COUNCIL OF THE CITY OF FRIDLL-'Y TIiIS DAT OF 1979. _ � ;�layor - 11'illiam J. Nee ATTEST: City Clerk - bfarviri C. 13runsell 10 RESUT,U'L702J i�0. 37-1979 A HI;SOI.I11'IO;i IifI'0 ;IiIG I,OAll L1:4Z'f:: 0�I PU]SLIC STP,J:)i1'S luIU ItICIiWAYS SW 'L11L CI'L'Y OF FRTllL1i'L, P1iN[dIiSQTA � IIE IT ];F;OLVIiD by the Council of the City o£ Fridley, as follow�: �• �'liat pur.suanC to ChapCcr. 503, City Codc af Prldley, lfinnesota, 1973 tliat co�mnci�cing un the 15th day of Plarch, 1479 and conCinuin� unCll t:he 2C�h day of Dtay, 1979 unless ;ooncr Cerminated or tl�creaftet continued, no vcliicle shall be dr.ive�� or opci'aCed upor� any street or puUlic Li.gh�:�ay in che City under juri.;;diction of tUe City wher.e the weight of. sucli vel�icle er.ceeds: 4 TOi1 P}.;R AXLli B. 77�e abo��e restrictions shall nol apnly wi_L-h respect L-o the followiug named streets or puUlic high�•:ays, Co-�•�iC: STIViFT T'P._0:1 � TO As1iton Gvenue Able Street Alley East: of Beech SL-. ArLhur Street Baker Street T�eecli Stseet: iSerne Road Can-ie Lane Cemmerce Lane Bast DanuUe PGIId East l:iver Road �lm StreeL' Fireside Drive Gardena Avenue Glacier Lane IndusLrial Blvd. Jacicson Street �faiiz Strcet Main Street Pfattcrhorn Ciscle Piatcerliorn Drive Pfouroe Street NoiY.l� DanuUe l:oad Noi•th Innsbruck Drive Quincy Strect Raincr Pass Itancl�crs I:oad I'.ice Crce;c l:cuid St. Imicr llrivc St. rfozitz llrive T'rolllia.r,cu llrive Vixon Ito�d WesC b:uruhc Road S2esC Pfoorc l,:il.e Dra.vc I��.LIl(ICIt1�7'C llx-i�c 79th Ave�iue 47. A,00re Lake Dr. 78th Avenue l�orth llznuUe 1Zoad 73rd Avenue 77th P,venue f;iudemere llri�ac: Quincy Street 73r:1 Avenue Mattcrlioni lirive East Service Drive ' 77ch Avenue T.li. //65 Ceniral elvenue A1at+ert�or�� Dri.ve 53rd Td�y Carrie Lane OsUor.ne P.oad 57th Avenue 2fatteri�orn Dri.ve Gardena Avenue G3rd tdest Danubc -Road P;atterhor:i Drive S7t:ti nronue Glacicr Laiie 17Ch Avenuc N.L. T.lt. 11G5 Berne I:oad Trul.lhngen Dri.ve A1r�tCerhorn Di•ivc O:;bornc Road NorC6 DanuLc Ro�d T.ti. t.'GS (N. Hourc I.ake) TrollliaFc.�i llr2��c 11 Ironton Street Tii�sissippi Street 74th Avenue 400 feet ;Jorch OsUo7-ne P.oad IIl.st Avenue Fa>C end Jacl:sori SL-reet OsUorne Road Arthur. Street 51st S,'ay to I 694 79th Avenue �Ceutral Avenue Last City LimiL-s St. Moritz Drive 500 feet N,ortli 5St:li Avenue S3rd livenue ' . 61st Avenue lia s t South City Limits 67t1i Avenue drtln�r. SCreet Tiast Ci.ty Limits Cairi.e Laiie SouC1r City L9.nits • i9tii Avenue N, E, CenLral F.venue Sou�_h City I,i.mits SouCh City LimiCs St. Imier Dtive I'ireside !)�:ivc South Cul-dc-s�c fi.lI. li65 (;;. 1lonrc T.a}:c) $ouCh Ci[}' Li[:lits � , Itn.;��luCJ.on P�o. 37_ 1979 . Locd I.I�nit�l srr.�:c�r 3rd Strcet 5th SCrcec 7L1� ;trceC tJ.E, T.11, l,!47 HasC Ser.vi.ce Ftd 'l.li. 1147 I?c:C Scrvice !td 53rd Avenue 57th Avenuc 57Ch Avc�iue 58Ch Avenuc Glsl' Aven��e N.E, 63rd Avenue 'L.]I, CGS ]:ast Servicr_ Drive 7'.1�. l/GS ldest Scrvice Drive T.fl. 1165 IJest Serv:ice Rd. G4t:lt Avenue 71st Avenue %?.ii(� i1\>^_IIUC' 73rd Avenue 77th Way 78th Avenue 79th Avcnue 81sc P.ve�nue 83rd Avenue 75th ltap Osborne l�'ay '. and tlie we:iguC linut: witli respect 11 A I'ItOM �p , �i9Ch Avenuc 53rd Avcnue Pticsi:;a;lppi Strcet G/ith Avciiue 53rd Avcnuc G7th Avenue 69Ch Avenue 73rd Avcnue 73rd Avenue i31st Avenue Mai.n Stree� r,p, �� T.H. (147 7th StreeC 7Cli SCrcet Quincy Streel' Jacicson Street 4lest ttoore Lake Drive SCarlite 231vd. , 67est t400r.e l,ake Drive 7t1� Scrcet Monroe Street 63r.d Avenue SoUth l;nd Osborne Road Sout'li &'00 feet 73rd Avenue SouCh Lnd CenL'ral Avenue East CiCy Limits T'��• ��'� CiCy Gara�e T.II. 1iC-5 Central Avenue Central Avenue Commerce T,ane East River l:oad Ranchers Road �. I3urlin�;ton n'orthern R/W TSain Street East P,i.ver Road T.Ii. i'47 lieech Street Main Street T1ain Street • T.It. /(/+7 Osborne lt'ay Alde�t l4ay Gast River P.oad 75t1i {4'ay to sucli streets and higii�aays is: 9 TON PER /+}:Lli C. Noti.ce of. ttiese restrictions shal7. be published and posted with respect t:o each of such streets ar.d highways and iahen so pub]_islied and posCed, the restr.icti.ons shall be in tull fvrce and effect; all as pr.ovided iii acmrdance tivith i•fi.mtesota Statutes S�c. 169.87 z�ld the provisions thereof, under Ci�apter 503; City Coue of Fridley, tlinnesota, 1973. , D• A vr_hicle in exces, of sucli limits may be op�rated or. driveu upon a street or public l�i�;li�aa� in Lhe City caithnut violation oi law when the same is done under S(�ecial Perr.:it t:hercof issued in accordance cai.th tfie provisions of riinnesota Statutes Sec. 169.87 xhich are adopCed and made a part hereof Uy refei:ence Che same as if'fully incorpozated herein. E, T6aC scl�ool bus operators are �i.ven special permit to procecd saith normal operation on thcir regiilarly established routes and at rcrularly established iiotu's, s;,id pennits to Ue issued Uy tlie Ci_t�� ifa�iagcr. PASSEll ��IdD AllOPTL'll Bl TfiE CITY COUNCIL Ol' 'illE CITl 01 FRIDL6Y THIS Sth DAY OT March AT1'i;ST: 1974. piAltVl.ld C. 11RU\ti1i1.L — City C).cl-I: -----�---_ WILLIA,�1 J. Ni:f: — TL'1]UR �-T—v--: �--T--�---.T__Y_ .._r—_Y_— !__'„ � ��. .i.. , .' ` 1:'� �I. . qITPI.flJO�} $ � � � ��1 � � . �, �. - , _ 1 �-= , 1�,:� ,. , � � , . ^' I � �� .j_.. �'_ J ��., . � f Ir, v �, � 3 �' ��7'} : �_ _ 1 }... ✓/ - ' -- - ;:J .2 . �\ y .'.o, ,� _ I + __ _ _ _ .... � si � ; .� _ � � �� r. � �� r. ` I II I I�Ji� t � � 1 �^1�� _y "' I �,1. � �� ( i � e�' � ' � ,- � /i ' � � , 1{ I �� f t -� "� l� _ � �.-� _ � n I � � � t:_ q � \, J17 _ � :'�\' ,! F I� :St� � i. , 1 i I � 7 �i ! � 1 � �� —� �� °e E� — ' . w�_��e � � �`lik `, I. i _ -.,. �7� � I L.'-"'� �'I i �--' .I ._._ 5 � ( � i �~ � • �,,- � -T�! . �� i y I i �^ !. ` t 1 � �� L�) I .. � } �at �� ' � �, �J � l � ` " � �.a.�..,�� 2 ^, (�, � 1 �� -_. __ _ - � �`• n ° yt� Y�' ' `- i �:'i � '��: ;��: �/ i — J �� e ?. i i4 � t Ig 1 I 1 1 1 7�� _ i� r 1 f L ''"'_ j � C i i 1,�� ;, � �� -., � �� + ;, � � a;�� ; I' �._ Ir y`� ,h, ;//. � �i a f i�j�. � �� i� �i � �� G%l f�. I ( _ i <,- ! �1 , ' j� � i � � � �: � � i � �.� ( '� ' � �i -i i i 1� li � j ' �:�_ I iy ' 1 � �i ' ' �. _ ' / ` I 1 Ii s ;': j1 �, I t j J i�:�;.: _/ ) � r' /� � 1\ i�• / 3� / f�� T��x- Li '�� \! 1 , ..n . y � r`, \\ i 1 �I� � \ ` p ' \\_`��. } 1 C' �' I �I l e,��l��rl _ � �i'�r�� • / / � .� :) �� iT �1` N �� a Z �_ ` i ; � ! I � � ; � " �� f�- _ �; � � �+ �,�'; , �- _ i ,,� '( �ii t ; . - �J ' I �;i � � 'i'� !.' _� µ � , i -- , ,� ,, � �� ' � =� . - _ ,Q \�, - � � r �,,,;, ' _ i � �, s� � � �r�� = � _ �� s �' � rf �l 1 ' _ �� ; � � �� - _ `; e � �� ;f -�� ,�' ;�'- ' = i i _ pI ,�l�iv I t I � ��u _ � � �� , a �. — , � ; ,�� ,,. , / � �'.� � _ '_ ' � � � , �I '� — � I I � �.. ,�� ,� �� , �� ..� ��" � Z.'TatZ:'i�'��i' � ��" � j �__ � .e., _ _ ,< __. � __. - � I ._ti._ ., �__.�— --•.,_,., I __ . �__t___�__�_._.�.---.a.---�ti-- =--.... ____. n . --. --- 11 � R�SOLU1�ror� rro. A RESOLUTION TO ADVERTISE FOR BTDS - T V SOLIDIPICATION AND PIPE RT'PATRS FOR SANIT�FZY SE19ER AND STORM SET"�ER AND RIGID PAVEh1ENT SLABJACKING BE IT R�SOLVED by the Council of the City of Fridley, as follows: L That it is in the interest of the City to award bid contracts for the following items or materia2s: T V SOLIDIFICATION AND PIPE REPAIRS FOR SANITARY S��YER AND STOR1i SEtVER AA'D RIGID PAVP1fENT SLABJACKING 2. A cop5� of the specificati.ons for the above described items and materials, together ��iith a proposal for the method of purchase and the pa5�ment tYiereof have been presented to the Council by the City I�fanager and the same are hereby approved and adopted as t;he plans and speciiications, and the method of acquisition ancl payment to be required by the City with respect to the acquisition of said items and materials. 3. The purchase of said items and materi�ls as described above shall be effected by sea].ed bids to be received and opened b5� the City of I'ridley on the 23rd day of r,4arch, 1979. The City A9anager is directed and authorized to advertis� for the purchase of said items and materials by sealed bi_d proposals under notice as provided by ls�w and the Charter of the City of I'ridley, the notice to be substantiall,y in form as that sho�cn b1� F.ihibit "A" attached hereto and made a part hez=cof by r�ference. Said notice shall be published at least twice in the official ne��spaper of the City of Pridley. PASSI;D AND ADOPTED BY TH� CITY COUNCIL OF TH� CITY OF FRIDL�Y THIS D�y pF 1979 _ , MAY012 - {9ILLIAnI NL;E ATTPST: CITY CLEP]{ - 1,iAP�'IN I3RUATS7�'LI,- � 12 A CITY OF PRIDLLY BID ATOTICE for T V SOLI➢IFICATION AND PIPE REPAII�S FOR SANITARY S�NEI� AND STORD�I SEi'1�R AVD RIGID PAVI;MENT SLABJACKING �XAIBIT "A" The City Council of the City of Frid].ey, b7innesota will accep± sealed bids on T V Solidification and Pipe Repairs for Sanitary Sewer and Storm Sewer and Rigid Pavement Slabjaciiing on the 23rd day of nlarch, 197g until ll:30 A.M, oa said date at the Fridley City Hall, 6431 University Avenue N.E. Fridley, Minnesota 55432 (telephone 57I-3450). All bicls must meet the minimum requirements of the specifications. P'ailure to comply with this section can result in disqualificati_on of the bid. Each bid sl�all be accompanied b�� a Certified Check, Cashier's Check, Cash, or Bid Bond and made payable �vithout conditions to the City of Fridley, hiinnesota, in an amount of not less than five pereent (5�) of the bid, whieh checli, cash or bond shall be forfeited if bidder neglects or refuses to enter into contract, after his bid has been accepted. The City reserves t1�e rigt�t to accept the bid �chich i.s deterrnined to be in the best interests of the Cits>. The City resex•ves the right to reject any and all Uids and waive any informalities or technical- ities in any hid received without explanation. The City Council also reserves the right to c.onsider such factors as time of delivery or performance, e�perience, responsibi.li.t;,y of the bidder, past peri'ormance or similar types of items or materials, availablity of products and other similar factors that it may deter- mine to be in the best interest of the City, Copies of the specificatiens and �eneral conditions ma5� be examined in the ofi'ice of the qurchasing Agent, or copies may be obtained from his ofi'ice. All bids must be submitted in sealed envelopes and ��lainly the outside tui±h T V SOLIDIFIC�iTION [1ND PIPL REPAIRS FOR S� SEiN�R AND STOI�;d SFiVPR AND RIG7D PA�%�b1ENT SLAI3JACKING. Nasim r,1. C�ureshi PuUlish: rridley Sun City Manag�er Aiarc•.lt 1 }. 1n7� 11:a rch 21 , l f)7J on . RE50LUTION N0. A RESOLUTION ORDLRING PRELIh1I?JARY PLrWS, SPECI�ICATIONS, M'D ESTIMATHS OF THG COSTS 1'}ILRLJF: Wp'��HR , SANITARY SEWER AND STORM SEWER IMPROVE- MENT PROJECT 1i127 . BE IT RL•SOLVED, by the City Council of thc City of �ridley as fol2ows: 1. iitat it appears in the interests of the City and of the property owners affected that there be constructed certain irm�rovements, to-wit: Watermains, Sanitary Sewer�Services and Storm Sewer and Related Appurtenances Located as Follows: Paco Industrial Park 2. 1'hat the City Engi,^,eer,$ the City's Corisuiting �nginecrs are hereby authorized and directed to drao� the prelininary plans and speci.fi- cations and to tabulate the results of his estimates of the costs of said irrprovements, including every iten of cost from inception to con�oletion and a12 fees and e�,enses ir.curred (er to be incurred) in connection there- with, or the financing thereof, and to make a prelirninar� renort of his findings, stating therein tiahethcr said imarove„�ents are feasi.ble and khether they can best be made as pzonosed, or in connection w•ith soma otlier improvements (and thc esti_mated cost as r°commended), includin� also a description of the lands or area as may receive benefits tlierefram and as �;ay be proposed to be assessed. 3. That said preliminary report of the L=ngineer shall be furnished to the City Council. � ADOP1'ED BY TEfE CITY COUA'CIL OF 1'HE CITY OF FRIDLGY TfiIS DAY OF 1979. A'P7'GST: CI7'Y CLEkK - A:N2V1N C, liRUiVSC:LL h1AY'OR - Wi iam . Nee �. 14