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AF-V - 46442�, �' I�EGui,AR �4uNCIL NiEt:�rlNC; pF swGUST 5, 1973 � �� 1 n % W PAG� i8 Tir. Ear1 Sorenson, 6370 Able Street N.E., addressed the Counci. �nd asked if it would be pvssible for the Council to approve tha vari�nce ta lp feet? The City Eng�neer said he could recommend th� vax%an�e be 12 �eet, otherwiss this would becom� too c�o�e fiA the roadwa�-. b1ay�r �.iebl asked Mr. Sorenson if the variance b�ing grantad for 12 �eet would accomodate his needs. Mr. Sorenson said he couid jus� g�t the driveway in with this amount of yari�ance. �b�IQN by Gouncilman Starw�.lt to grant the var�ance to Mr. Saxeri� on fdr ��ee�, SeCOl�ded by Counci�man Ns�. Upon � vo�c� vote,4 �,1 vofi��g aye; N1ayo� �,ieh1 tieclared the motio�t Garxiec� unax�imouslye �t�QU�ST FOR A VARIAN�E s1+� F S�CTION 45.053, 4A, FRTA V L 4 1 �,I 1 j�+{\ / ZNNESOTA : M Th� Ci�y ��in�er saa.d the Board of Appeals had re�qmmend�d th� Coun��1 der►y the request for the variance and th� app�.ican� had pra��ed�d ta construct tj�� dwelling ac�ording �o the Fridl.�y Ci�y G�d� and wi�hou� the n�ed for the vaxiance. H� �aid n.o ac�ion w�uld b� neG�s�arye � UEST FOR AVA RTANCE OF S�CTION 45.053, 1B FRIDLEY CITY CQDE, .rw P7"Fi'F-""R'.9 C �T R7�� :7 f G .c a� rs s Th�a �ity �ngineer said the applicar�t had called him and requQ�t�d th� itsm be tabJ.ed unt�.l th� next meeting of the Council wh�n ha �ould b� in attea�danc�, MQTION bp Counc3.lmar� Nee ta concur wi�h �he Baard of Ap eal� anc� d�a�y th� r�r�u��x fax iha varianca of the �ron� y�rd sex��ck by �9r. Fr�d S. Yesn�s� Incoxporated. Seconded b� Counci�.man Uttsr. Coua��ilman Nee aaid a�.l af the lats ax�� substant�a�.�.y �.arge and �h�Y had b�en picked up �s tax��orfei� �o�� He said tYtis'acti�n if appr4v�d wovld ��t a p�tter� fqr �1�e �reation of SO fqot lo�� whgx� th�x� have baen x�vne be�fore, Councz].man N�� con�inu�cl by sayir�$ tl�Q�e is no ha��ship i�n the �asa 4 � UFON A VQIG� VOT�, �� vo�ing a,y�, M�Yor I��eb��-d�c�ar�d th� m�'��,A�n ��rried u�animous�y, � �J �� W�JiC.T c�ty ofF��aley 4T TME TOP 0� 7'ML TM�NI� �; APPLICATION TO BOARD OF APPEALS � �L'�"---� COMMUNITY pHN�L,O/MENT DIV, � � � R�OT�CT�VR �NMiCT10N OL�T. i �` � �"' i QIT1� NM.L IIIIOLLY !M� 4._'_`�'� �.J Ni{'Sf0-3N0 N«�11 R�N• OA [ PNE GR Bv � 1 $�0 Name Address Phone Fred S. Yesnes, Inc, 6600 Dupont Avenue North 566-8510 Lega Lot Na. Block No. Tract or Addition peac. 33 S� 34 A River View lIei hts Variance Requested (Attach plat or survey of property showing location of proposed building, etc., including adjoining properties and awnership within 200 feet of said property.) , ti�Je hereby request permission �o construct a single family home on the above lots Total lot size area 50' by 102' �-�,�� r�r- ;��. Meeting Date, / , Fee Receipt No. � ,��' ;� 'j �� i 'i % ��; ,_ • _ '^e s � i /� . `� _ 9 '` �' 'F '">�' f . Opinions and Recac�endation �'/ � by the Board of Appeals � .�„-_, � ;��, � 'y -. - �, � % Fox Above Reco�nendation Against Reco�endations . ` , City Council Action and Date . • -.{�r, �_�'.� .! r ,�� r' �� - r �/l�� Y� . - •� � ' �i e i .� , �1 �� i f �- � r. - ' i1��liGT � City of Frid�ey - AT T� T� oP T►� Tw►�o APPLICATION TO BOARD OF APPEALS � r , , � r�ti-------� GONMUNITY pBV�LO/�IBNT OIV, (Staff Report) 1 � � 1'�OT�GTivR MHI�Of10�') OpT. �l i � 61TY NA1.4 RINOLir NAi �_.. � 4,.-.1�.•� �'.J ila_/�0�3M0 MJII�R p�v. OATt E OR er " 10-F23 0 2 15/73 2 2 800 Co�ents by administrative official denying original request for building permit or other permit. (To be completed by administrative official. Appropri.ate Ordinances and sections of Ordinance to be cited.) Board members notified of ineeting by List membera, date notified, and "Yes" or "No" for plans to attend hearing. Name . I Date I Plan to Attend Person making appeal and the following property owners having property within 200 feet notified: Phone Notified B _ _- . � . N� �Date or Mail (Initial) , � � � � ..t l _ 7 ��,� t t_1 i k _ _ - � � .,: • _ ��` _ , ' `� y �r�. - � ;�,` c.,,n�„J i �.� : '�` � � r ,. a � � �� -- `�- - � ''r',� �� _, ��i�� L . - - �,� � - , , �, . � � • � ��'"�%l;'' 47 �'l%o ��-P �� %_� � � z:'��.�> r'`�/'�_'-�r� �� 1, , _ , - � y r = � �. -, _-i � _ _ � _ - - . ° . .. , , s . . � . . . __ � - � � - - -- - -t.i� z��- _ _ - . i,_ �� _ , i��. � j_ �-. J � � �� , 16�'� ' / _ �r�_C^' i = ,� � � � ci' � ��!� (�' ! % 1 - � = `d d r' � � �i - _ ' f r /� ,� ; +' �.R / r / �� r�`/ -� ^ i, �� L�ai�) 1_(E o �f_�. �(_y��l / � ,f _f;.a� �;s f / I .� _ //, _ .'�'�1 -t .,�� .!' . Q��Y�� ' 1 ` �li�-l' i'L l-�y ` `.Y'� /� %�'Z:. 4Af�''�,. - � � - � 4 1� '�"-y �� d �' .Y/; .Ff_��C C� �b>f �1��V rr'�� l� .�r _ .��.�',t�e'� �r� �`�o..� � i�_( I /(� ��1/ ,�_ �i'� �' i�_� , -� r; � '`� 1 � } - F �,� a 1� p r_'�� _i.��f � � � � . �7 � ,-� �, � '� e l ..aJ :�,a=, �7 a � i�r4'�� ;�1 :tf�, l .��. �{''_�� . ~ " 1 t'✓�_��}� �'( � e �� ,i;U_l!, 1` �J l' ( �( � ► �) `_ i / ) (_' ° � �� e ��F ,,, , 'c �• 1 �� `I , i� lJ `_ °! °�� 1�� -, � �, > . :! l `� " � �. „✓_l�i�(� '1_� .,!L.q , ` � " ^ � �, i. . �� ' ( Q �)'�" �. �� `i �� _ - � °�� l� `"� �� I �- r( ( , � � _ J l'._� � tl..l.� _ ': �' . 1 ��,,t.- ,� - . �{C�� ! I/��.�y�_ / A.. . � f� ,/ - . . A �"`%i f, . I � L� .�� -�.� _ � ' 1 � � - 1, . ('� � G�? � � � �' . i� �l j t.�vl._,/ ;.-C � t�_4_�,� a L' �..�.�5 � il.�l� )�_* 1,. ,� J�� '' 1(_. I- �� > C��., _� a ►, a�: + d� ��:' _ � i r_ '_(� �'-.� � � � � - � `C° .�•� 9 a, _ `;l „�' � � s-) ��, _, 4- C � +��, i � � f- . . � ! �. � !'�� _ � � a FRED S. YESNES, INC. �ecs� ��.fatE • �nvES.trr�rz�s. • dUscv �o►z�.ttuefion P. O. BoX 27166 MINNEAPOLI3, MINNESOTA 55427 July 13, 1973 ,\ City of Fridley 6431 University Avenue N. E, Fridley, Minnesota Atten�ion: Building Department re; Lots 33 3� 34, Block A, 12iver View Heights � Gentiemen: Enclosed is a$15,00 check and a variance application. We would like to make application to construct a sing� family home on the two lots which make a total of 5�' in frontage. Per your suggestion I contacted Tri Co., Builders who are the owners of Lots 35 & 36, which are immediately adjancent to'and �ast of our lot. They indicated they are not interested in selling said lo�ts at this time unless they receive a huge price, I would appreciate it if you �aould contact me as to the times and dates of the meeting that I assume we would be expected to aticend. �SY/by Enc losures Sincerely yours, FRED S. Y�SNES. INC. sge-as�o 7 � FRED S. YESNES, INC. �ea,� �state • �nvEStmeizts • ciVew eon�.tztr.etio�s P. O. BOX 2'7166 MtNNEAPOLIB. MINNESOTA SS427 July 13, 1973 City of Fridley 6431 University Avenue N. E. Fridley, Minnesota Attention: Building Department Gentlemen: Enclosed are the following items: l. License application. 2. $25.00 check to cover cost of same. 3. Certificate of Insurance regarding workmen's compensation and liability, etc. Please contact us if there is anything else we have to do such as meetings, etc., or if there is anything eise you need. ESY/by Enclosure Sincerely yours, FRED S. YESNES, INC. Erw in S. Ye n es 566-8510 a .. 5�� ,�- .��-� � � I� � OFFICIAL NOTICE CITY OF FRIDLEY PUBLIC HEARING BEFORE THE BOARD OF APPEALS ,--� ` �� TO WHOM IT MAY CONCERN: NOTICE IS HERLBY GIVEN THAT the Board of Appeals of the City of Fridley will meet in the Council Chamber of the City Ha.l1 at 7:30 P.M. on Tuesday, July 24, 1973 to consider the following ma.tter: A request for a variance of Section 45.053, 1B, Fridley City Code, to reduce the lot area for a lot on a plat recorded before December 29, 1955, from 7500 square feet to 5100 square feet, to a11ow the � tion of a dw elling to be located �n L 33 and 34 B1ock A, Riverview Heights, the same be ng Hugo Street N.E., Fridley, Minnesota. (Request by Fred S. Yesnes, Inc., 6600 Dupont Avenue North, Minnea,polis, Minnesota.) Anyone who desires to be heard with reference to the above matter may be hea.rd at this meeting. N �O 7� WILLIAM DRIGANS CHAIRMAN BOARD 8F APPEALS �� D� � � � � �. � > - -f s . • ,� . � 3. 6 Tha �'iinutes of the Board of Appeals Subcommittee Meeting of July 31, 1973 �a�e 4 Mr. Ls�,ti,a s$id that they wer� fu�.ly aware of the care needed when working arou° � tx�es. Ha sa�d that any excavation for foundation.would be hand back filled � fou� days af the start �� digging. M�c. Lewi.s also �aid that if the itause wera built at normal setbacks they would xu,.:, into �em:l-ma,rshy areas at the rear of the house. ' Th�xe �oll,oWed furthez discussi�n on the house and lot. �r, iI�rju said that he �el� a house plan could be found to fit any lot i,f one �QOlc�d haxd enough. Tt was deeided to table this item while the other itecns were being diacussed �n o�dex to give Mr. Payne and Mr. Lewis time to discusa alternatives. 1'�OTION by Wahlberg to close the public hearing. Seconded by Crowder. Upon a voice VoGe, there being no nays, the motion carried unanimously. l�x. Payne and Mr. Lewis came back to discuss the matter �urther. Pi0TI0N by Crowder, seconcied by Wahlberg, to reopen the public hearing. Upon a voic� vote, thex'e being no nays, the motion carried. �. Lewis argued that the 35 foot front yard aetback should be more flexibl�, par�i.cularly in an area like Innsbruck North. He added that Mr. Payne had found hx9 financing, and they were ready to start construction. There was �urther discussion over many points already discussed, including the possible precedent setting nature of granting this type of vaxiance to the first builder on the straet. MOTION by Harju, seconded by Wahlberg, to close the public hearing. Upon a voice vote, there being no nays, the motion carried unanim�usly. ' MO�IQN by Crowder, seconded by Harju, to recoannend to the City Council denial of ths �equest on the grounds that the hardship shown was not great enough to wax'rant xecommendation. Upon a voice vote, there being no nays, the motion car�ied. The �oaxd was effectively forcing Mr. Payne to look for alternatives. 'OR A VARIANCE Ol� SECTIO �R A LOT ON A PL,AT RECOR !0_SQUARE �EET� TO ALLOW AND 34, BLOCK A, RIyERV_ NNESOTA. �REQUEST BY FR EAPOLIS, MINNESOTA.) 45.053, 1B D BEFORE D S. YESNES �M� CITY CODE, TO R , 195S, FROM 75 . IiWELLIlVG TO BE BEING 312 HUGO ATED, 6600 DUPO' Mr. Erwin Yesnes was present to present the request. Mr. Yesnes came forward wi�h the plans for the proposed house. He was iaanediately questioned on the two adjacent lots a,nd his attempt to purcha5e tt�em, Mr. Yeanes said that he had contacted Tri-Go Buildezs about puxchasing L,o�a 35 and 36 of Block A, in the 200 area of Hugo Street. He said that �ri-Co di.d not wish to sell at this time, except for a high price. � _ . � ,• . , �t 3.: "e �S. The Minutes of the Board of Appeals Subcommittee Meetin� of Julv 31, 1973 Page 5 �hairman Drigans asked i� anyane wished to be heard on this matter. During the cour�e of the di.scussion five neighbors stated their position as being oppoeed Go this vaziance on the grounds that it would inevitably lead to two houses b�ing built, both on 5Q faot lots, these being near houses built on lots of at least 7.� foa� frontages. �'he fi,vs neig�hbors speaking are as follows; Mr. Robert Venne, 200 Hugo Street, Mr. Ra1ph Officer, 31S Hugo Stxeet, Mr. Ronald Zaczkowski, 314 Hugo Street, Mr. Kurt Skrandies, 321 Hugo Street, and Mr, James Jensen, 8181 Ruth Circle. Mr. Venne said that a similar circumstance came up in 1970 at which ti,me he wrote a letter stating his position. Mr. Venne said that at that time �.ots 33 and 34 were about to be put up for sale by the County. With additional property about to become available Mr. Venne said that he felt there was not sufficient just3,fication for granting the variance. The adatiaistration feels essentially the same way now. M�c. Mattson stated that the presence of four undeveloped lots, even though they are owned by two separate companys did not constitute a dead end for building on only two. Mr. Yesnes was informed that there were six vacant lots across the street, three oi which were owned by Tri-Co Builders and the others by Mr. Skrandies of 321 Hugo Street. �t was suggested that Mr. Yesnes attempt some further negotiation with Tri-Co Builders, even perhaps considering some kind of trade involving the lots across the street. MOT'ION by Gabel, seconded by Harju, to close the public �iearing. Upon a voice vote, there being no nays, the motion carried unanimously, MOTION by Wahlberg, seconded by Gabel, to recommend to.Citq Council to deny the request on Ghe grounds �hat the presence of faur undeveloped lots did not eonsi,�i�ute a dead end iasue for building on only tWo of these �.ota. Upon � yoice Vpte�, there being no nays, the motion carried unanimously. ' FOR A VARII�NCE OF SE BETW'EEN A STREET LINE . DISTRICT, FROY�i 100 F TO AN EXISTING BUILDI TH ADDETIONa TI-� SAME BY DESIGNGIARE iNn_ _ r 5.134, 6, FRIDLEY CITY CODE, ILDING, WHEN A M-1 DISTRICT 41.9 FEET, TQ ALLOW TEbE CONS TED ON LOTS 7_AND 8. BLQCK 6 6536 MAIN STREET AT.E.. ERIDL ATED, 6536 MAIN STREET N.E.. TO REBUCE THE k�I0TI0N by Wahlberg, seconded by Crowder, to waive reading the public hearing notice. Upon a voice-vote, there being no nays, the motion c arried. Mr. Dick Knoll and Mr. Dave Brink were present for Designware to present the requeat. 'I'hey came forward with plans for their proposed addition. � �� , �i� �� A . • . `; �, �, ,. �.�: - � i, � � , ,� � - � ' � � t � �� r .�' ' • ' ' ---- • �0 �. uC-� 7 I - � � �I`'� �.� "� �''� �� REPORT BY Apri 1 18, 1974 '� 1 ��j� � � p � ° �P2e � � �1• � �T OFFICE OF THE CITY MANAGER , _ FRIDLEY, MINNESOTA � April 26, 1974 NNUMMO T0: COMMUNITY DEVELOPMENT ADMINISTRATOR ' FR�q; CITY MANAGER � Dp�; APRIL 11, 1974 ,':�� , �E�; L�TS 33 and 34, BLOCK A, RIVERVIEW HEIGHTS - THREAT OF A LAWSUIT . � "�``� ,, °�'� . . , �u�'°°'�. � . � � � See the attached letter from attorney Arnold Feinberg. Review, comment and advise appropriate action. . Thank you for your assistance. � iVi�1Q/ms 5�� A--�rgc.►� m�,�-rs, , ('li �.r�rrr,�., ra�� .�z , U E�tir"z- �us. 3, 1�i7U .` Zl << << R.0 . zAc.z'lou.1sc�a ✓�t,t� �, e5�s C�t V��t.o��c.c R�,C�vr�s; � �� --rt'�'sc't.tt. 'C=�w� ra..,��,� �ri5au�,S SuL. ;' 03, I`i'D3 • ($i �� v't�.j c� � �JJe� �i D CJ`� � P Pr'`-t� �i J v L d � 4� ��'7 3 << << • C �rY� �'-ou�,L;� /��c � , r�73 � � �l . . . , . C �) , v�� a.��-. �� 1 �. � ' ' �s�' .�. .�.,.� � �� .� .x�' ��. J�- .�_ Q,�- �,�.�„�p � � R e uarre�: New Suspend: April 26, 1974 You should advise the City Attorney to make the appropriate response to this letter. , NMQ/ms �Z� � C� � � ( � s � � v� � � . �, ,.. MEMO TO: V3�gil E�err3ck, Citiy Attorney MEMO FROM: Darrel Clark I�EMO DATE: April 15, 1974 RE z I.flts 33 & 34, Slocl� A, Rivenriew Heights V3rgi1: Wou1d you please �es�nd to �he atfi.a.oh� letter from Mr. Fe3nberg. T�iave �.incloseci a11 the fiie 3nformatioa we have on the subjec� pzoperty. Ta the best o� our knowledge raobody told him he could build on these lots wi�Yiou� a variat�ca. The Yesnes 1et�er da�ed Ju1y 13, 1973 iadica�Ces � me �hat w� d3.c1 �e31 him to try to purchase the � 3o�Gs ne�c�. c�or. If th9,s needs Council action, pZease let me know and we will them plaee i� on an agenda.for their aansideration. � DARREL G. CLARK Gonnnuni.�y �eve].opnlen� Adm. DGC/mh ENC: 9 i 4 � a s� . y-� FRED S. YESN ES, I NC. - �ea� �siaEE � �rives.Em.Enis • dVew eon.s.t�cei.etiora P. O. Box 27166 MINNEAPOLIB. MINNESOTA 55427 July 13, 1973 ,\� City o� Fridley 64.31 University .Avenue N, e�. Fridley, riinnesota Attention: �uilding Department re; Lots 33 �c 34, Block A, River View Heights � Gentlemen: Enclosed is a$15.00 check and a variance application. Zle would like to nalce application to construct a sin�L� family home on the two lots cohich c�ake a total of 50' in fronta�e. ° l�er your sujgestion I contacted Tri �o., �3uilders �aho are tile o�aners of I,ots 35 � 36, which are immediately adjanePnt to� and Eas� of our lot. They indicated they are not intereste3 in selling said lots at this ti�ne unless they receive a huge price. I would appreciate it if yo� cao�ld contact me as to the times and dates o£ the meeting that I assume we would be e�:pected to attend. Sincerely yours, F�'Lt� S. YLSi�E5 , INC� � �Yi^� y �nc los �.�res ARNOLD 1. FEINBERO RICHARD MEYERB JAMES J. BCHUIdACHEH ROBERT H. BCHUMACXER GEOROB 6. BBLTZ FEINBERG, MEYERS. SCHUMACHER & ATTORNEYS AT LAW rHe roweRs 6ATEWAY C6NTER f19 HENNEPIN AV6NUE MINNEAPOLIS, MINNESOTA (812) 998•043f April 9, 1974 City of Fridley 6431 University Avenue N.E. Fridley, Minnesota 55432 A.ttention: City Manager SCHUMACHER. P. A. �1=L � il Re: Lots 33 and 34, Block A, Riverview Heights Gentlemen: S. i3 9UBURBpN OFPICEBs R1CHflBLO We are attorneys for Fred S. Yesnes, Inc. In May, 1973, our client purchased the above lots pursuant to a Purchase Agreement containing a contingency that a building permit was obtainable to build a single family dwelling on these lots. �efore removing the contingency and paying the seller for the lots, our client inquired of your building department as to whether or not a building permit could be obtained. In the presence of a witness, he was assured that there would be no problem in getting a building permit. In reliance on the statement of personnel in your building department, our client removed the contingency and paid for the lots. However, upon applying for a variance to reduce the required lot area, the application was disapproved. Our client now finds himself the owner of an unbuildable lot. It has been suggested that he purchase two adjacent lots from an owner with a similar problem, but that would increase the land cost to a point where the size and value of a house built thereon would be out of proportion with the surrounding houses. We are reluctant to bring suit against the City to seek to compel a variance because of our client's reliance on statements of agents of the City, but if nothing else can be worked out, we will have no alternative. We would appreciate hearing from you. AIF/rjs 560-3450 ��LO �f L�� ANOKA COUNTY � 6431 UNIVERSITY AVENUE NE May 31, 1974 FRIDLEY, MINNESOTA 55421 Feinberg, Meyers, Schumacher & Schumacher, P.A. Attorneys At.Law � The Towers ° Gateway Center . 115 Hennepin Avenue Minneapolis, Minnesota. 55401 � • Re: Lots 33 & 34, 81ock A, Riverview Heights Dear Mr. Feinberg: Please be advised that on May 13, 1974 the Fridley City Council moved to • reaffirm its denial of the vaxiance request to construct�a single family hause on a site smaller than the�7500 square feet required by the City Zoning Code. � If you would desire copies of the Council minutes, please contact the Council Secretary for the minutes, and if you have any further questions concerning this matter, if I may be of help to you, pTease feel free to call. Sincerely, � DGC/mh . . 'DARREL G. CLARK Community Development Adm. August 3,. 1�70 200 i�. E. Hugo S�reet� i��inn�apolis, �;innesota 55432 City of �ridl�y 6431 Universi �y Avenue :J.E. � �ri dl ey, �;i imesota 55421 Atten�ion: �1r. Plasi.m QuQrsi�i City Engineer Dear � �r. Quershi : I� has been Crought to n�y attention that ti�e o��lner of lots 35 and 36 of alock H, t�ivervi��r ��eigEits in�ends to coristruct a f�or:j� on tnese t��ro lots, ��1�ich total 50' on ti�e stre�t and are a�proxi►�atel;/ 1��' cle�p. As the oti�rner of lots 37-�i1 adjacent to the abvve pro�erty, I i•�o�ld li�e �to ba on r�cord opposi ng. the i ssuanc� or a perni t io bu� 1 d a��on� on a proparty ��iiic:� is a�proxi�aately 5,�J0 s;uare -F��t total. I have �Jeternined t}�at lots 33 and 3� also adjacznt to t��e ahove lis�ied pro}�erty �aill �z availa�le fror,� ti�� F,no�:a Coun�y in a sale to �e }ield � August 2�t�� of �hi.s year. p I sincerely urge you and t�e ci t� to t•�i thi�ol d a p�rmi t�o bui 1 d on t7e lots 35 and '3ti particul ari l;� .•r��en t��e adjacent �rop�riy s;i ll be avai 1a51e very soon. I firr�ly bzli�v� that allo:�ing t�:ro i�o;n�s �o �� built on a lOJ' total stree� frontage ��rhere tf�a� street (Nugc) is not sufficienzly e��ide for on str�e� parking on raore tnan one sid� i�n an area �;;at has been' improving steadil;/ over ti�e years fron an area vri �i� several smail iior,�es to an area today :�itfi a r�ajority of single fa;.�ily d�r211ings on a�ini► u� of 75' f rontag� 1 ots. . . - ThL issuance of a psr�:�it �o �uild on a lot ;rith less i;�an t��e necessary sc�uar2 f�oqtage oy ci ty ordi nancz can �e done i f a�di ti onal �ro�ert;� i s na-� availabl�. I��lieve in t�iis case tiiz additional pro�°rty is suffici�ntly available and tiiat the pen;�it si�ould not �� issued unless t�e re�uired square foa�a�� is obtained. You r cor�s i de rati on i n tiii s r;atter :�ri l 1 be a�preci ated. Y ��s truly�, ; � � � � � ( . �:; �f � . � �= ?2-�v( � P�• E. Venne � cc: � ir. Tinotl�y �rei der, 7550 Ter„po, Fri dley, t;inn. 55�'r21 � - 9 � . 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'/ � `; . y� _._ `, � i t . �'! • , : . + ?,',: ; 194 REGULAR COUNCIL MEETING OF MAY 6, 1974 i AUTHORIZING THE CITY MANAGER TO SIGN THE LEASE FOR THE HOLLY LIQUOR STORE: PAGE 21 i•10TION by Councilman Nee to authorize the Mayor and City Manager to.sign the Lease for the Holly Liquor Store as it appears in the agenda. Seconded by Councilman Breider. Upon a voice vote, a11 voting aye, �•iayor Liebl declared the motion carried unanimously. CONSIDERATION OF ADDITIONAL COST FOR LOTS IN SPRING VALLEY ADDITION: The City Manager pointed out that there had been some money paid to the County for this property. He added, there is an additional $181 due for assessments. f�10TI0N by Councilman Starwalt to authorize the Administration to pay the additional amount to the County for lots in the Spring Valley Addition. Seconded by Councilman Breider. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. REVIEW OF STATUS OF APPROVING VARIANCES FOR A RESIDENCE ON LOTS 33, AND 34, BLOCK A, � RIVERVIEW HEIGHTS: s ; The City Attorney recalled these were two fifty foot lots side by side which are owned by two separate people. He continued to explain tfiat one of the people had ' applied for a building permit, but there was some opposition to the issuance of ;. the bui7ding permit. He said if this is not granted, the applicant may take action � against the City and the City's chances in court would be about 50/50. He pointed out that the City had granted a number of permits on lots this size. , Councilman Nee asked if there was a possibility of establishing an area waiver. The City Attorney said he would like to see the Council set up a policy on this type of item. and be consistant in action. MOTION by Councilman Nee to table the consideration of approving variances for a . residence on Lots 33 and 34, Block A, Riverview Heights, until the next week's ' meeting of the Council. Seconded by Councilman Starwalt. Upon a voice vote, all voting aye, I�layor Liebl declared the motion carried unanimously. /CONSIDERATION OF OFFER MADE BY THE INSURANCE COMPANY OF SUBURBAN ENGINEERING - PROJECT 103: The City Attorney explained there had been another offer submitted�by thE"Tnsurance � Company for the settlement of the Project 103 problems.. He exp-lained if the offer would not be acceptable, the Insurance Company had 'requested that'a coUnter offer i � • be made by the City which would be acceptable to the City. The City Attorney further explained this would bring the payment up from $12,000 to $16,500. P90TION by Councilman Nee to authorize the City Attorney to make a counter offer to the Insurance Company of Suburban Engineering in the amount of $5,000. Seconded by Councilman Starwalt. Upon a voice vote, all voting aye, �1ayor Liebl declared the moiion carried unanimously. � CONSIDERATION OF REFERENDUM TO ALLOW CITY TO ISSUE MORE ON-SALE LIQUOR LICENSES: I�OTION by Councilman Breider to approve the placement of the question of whether � or.not the City may be allowed to issue more on-sale liquor licenses on the ballot for referendum in November. Seconded by Councilman Utter. Upon a voice vote, all voting aye, hlayor Liebl declared the motion carried unanimously. ' RESOLUTION #50-1974 - ORDERING IMPROVEMENT. APPROVAL OF PLANS AND SPECIFICATIONS AND '� (�10TION by Councilman Nee to adopt Resolution #50-1974, ordering improvement, approval of ,plans and specifications and ordering advertisement for bids for Street Improvement Project ST. 1974-10 (Sealcoating). Seconded by Councilman Utter. Upon a voice vote, a11 voting aye, ��1ayor Liebl declared the motion carried unanimously.� RESOLUTION N51-1974 - ORDERIN6 IMPROVEMENT. APPROVAL OF PLANS AND SPECIFICATIONS AND MOTION by Councilman Utter to adopt Resolution #51-1974, ordering improvement, approval of plans and specifications and ordering advertisement for bids for Water, Sanitary j . . . 1�5 i j REGULAR COUNCIL MEETING OF MAY 6, 1974 PAGE 22 � ; 'j Sewer and Storm Sewer Improvement Project #115. Seconded by Councilman Starwalt, j Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. � - AUTHORIZING THE ACQUISITION OF ADDITIONAL EASEMENTS_F,ND RIGHT J�. �7i•t�� ni�u a�.� i�i-r-c. I�IOTION by Councilman Starwalt to adopt Resolution #52-1974, authorizing the acquisition of additional easements and rights of way for 4later, Sanitary Sewer and Storm Sewer Ymprovement Project ST. 1974-1 and ST. 1974-2. Seconded by Councilman Utter. Jpon i a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. ; Councilman Starwalt said this would call for the extension of Arthur Street from Mi'ssissippi Street to Rice Creek Road. He explained there are some home owners opposed to this project and some for it. He said he would recommend the continuation of the roadway through this area. . Councilman Utter questioned �the reason'for this. .Councilman Utter said he would rather not see the roadway continued through this area. Councilman Utter said this wou7d eliminate any speeding in this area. The City Manager said he would negotiate this matter. He pointed out that there is one property owner who is opposed to this extension of the roadway. The City Attorney said one of the property owners has a swimming pool in this area and acquisition of the property would be expensive. . Councilman Starwalt asked if it would be possible to authorize negotiations at this time. The City Manager said he would negotiate for the acquisition, but not condemn any property at this time. He continued, if acquisition would get to condemnation, the City would drop the issue and forgQt about the continuation at this time. Councilmar� Starwalt said another portion of the development under these projects �would be on Bacon Street. He explained the problems had been resolved for the improvement of one end, but the City would have to purchase or condemn the property at the other end, CONSIDERATION OF A RESOLUTION ADVERTISIN� FOR BIDS FOR CHAIN LINK FENCE - COMMONS P RK: The City Manager said this fencing had been budgeted for. The Assistant Engineer placed a map of the Commons Park area on the screen and pointed out the area proposed • for fencing. The City Attorney�said the area would be a baseball diamond in the corner. Councilman Utter asked if the fenced area would be locked up during the daytime so that no one would be able to get into the area. The City Ptanager said he did not know the details on this point. He explained this to be a high activity area, as explained by the Director of Parks and Recreation, i•1r. Paul Brown. He said at the present time, there is snow fencing around this area. Councilman Breider said the.Little League needs the fencing in this area to keep the balls off of 7th Street. He further indicated there should be some boundaries to determine home runs and foul balls. The City Attorney asked if the high school teams use this field. Councilman Utter said the Q squad used this area. - IAOTION by Councilman Breider to adopt the resolution to advertise for bids for Chain Link Fence for Commons Park. Seconded by Councilman Starwalt for discussion purposes. � The City Attorney said the snow fencing currently being used is dangerous. Councilman Nee asked if the whole Cor�nons Park area is fenced, where would the children fly kites. Councilman Utter said it is not possible to v�alk across the park because of the amount of fencing. 21� � �fi . � PUBLIC HEARING MEETING OF MAY 13, 1974 PAGE 10 i' 83RD AVENUE: hIAIN STREET TO UNIVERSITY AVEtdUE: , The assessments for this area were the same as on Main, mentioned previously. There was no comments concerning this improvement. . 79TH AVENUE: BEECH STREET WEST TO ALLEY AND MAIN STREET TO UNIVERSITY AVENUE: This assessment was explained to be the same as Main Street. There were no objections or questions concerning this portion of the project. 79TH AVENUE - CURBING: BEECH STREET TO MAIN STREET: . 61ST AVENUE: STARLITE BOULEUARD TO MAIN STREET: There were no questions on this por.tion of the improvement. �•IOTION by Councilman Breider to close the Public Hearing. Seconded by Councilman ' Utter. Upori a voice vote, a17 voting aye, Ma,yor Liebl declared the motion carried , unanimously and the Public Hearing on the Assessment Roll for ST. 1973-2 c7osed at 9:36 P.M. Ip %j� CONSIDERATION OF VARIANCES RE UESiED FOR R SIDE CE ON LOTS 33 AND 34, BLOCK A "�" � RIVERVIEW HEIGHTS ADDITION, 72 HUGO S7REET N. E. TABLED MAY 6, 1974 : -� Mayor Liebl listed the communications wh9ch were included in the agenda tnaterial to be as follows: Communication from Darrel Clark, Community Development Administrator to Virgil Nerrick, City Attorney, dated April 15, 1974; letter from Mr. Arnold I. Feinberg, Attorney for Fred S. Yesness, Inc., to the City Manager, dated April 9, 1974; lett�er from Mr. P.o. 0. Zacikowski, 314 Hugo St. Id. E., to the City Engineer at that time, Mr. iVasim Qureshi, and dated August 3, 7970; and a communication from Mr. R. E. Venne,, adjacent property owner, to Mr. Pdasim Qureshi, dated August 3, 1970. ' The City Attorney said the letters had been submitted for background material for the Council's consideration. He said he had brought �his matter to the Council's attention because he had received a letter from the applicant's attarney and had a7so talked to the attorney on occasion. Fle said if the Council took action to deny the request, the applicant would likely go to litigation. He said he was not saying the Council should grant the request, �ie was only informing the Council if they do not grant the permit, the applicant would most likely bring action against th� City. The City Attorney continued to explain that the property owners of the two lots adjacent to the property have objected to the building being constructed on a 50 foot ]ot. He added, roost.of the other lots in the area are larger and the City has granted permits to 50 foot lots in the City. Councilman Breider repeated, the man wants to build on a fifty foot lo� and•there, is'a vacant 50 foot lot adjacent to this. He said he thought the Counci7 should.•'�° consider the adjacent situation. He said the Council had granted permits where there is no building site next to the property in question. Counri7man Breider felt euen if the City were to be brought to litigation on the matter, ihe Council should take action to not grant ihe building permit on a 50 foot lot. He stated, the people of thi.s area have tried to build up the standards of the lots in the area, and this action would be detrimental to their efforts. Councilman Breider said he would n�t favor issuing a bui]ding permit in this area. The City Attorney stated he wanted to make the Council aware of what is happening on this matter. He saia ha vaould like to ser.d the applicant a letter notifying him of the feelings of the Council. ' P9ayor Liebl said if this is granted to-one,.it would have to be granted to the others, and this would destroy the neighborhood. Mayor Liebl recalled the Council had granted two variances to persons for 6,500 square feet of property, bui he would suggest the applicant build on two of.the 50 foot parcels of land and make a reason- able investment in the area. i ` � �09 - PUBLIC HEARING MEETING OF MAY 13, 1974 PAGE 9 The City Manager said this had been done for this reason to provide for additional services to be installed when the area is developed. He pointed out this is an industrual area and it had not been determined what type of services would be needed in this area. . . . The City Manager said it would be possible to install some material for the transitional area. CURBING: BEE�N STREET: 77TH TO 79TH AVENUE: The Assistant Engineer said the amount of assessment for this curbing would be $4.93. . Mr. Richard Harris, addressed the Council and said he had a question with the , amount of assessments for 78th Avenue. He recal7ed the people owning property in the area were promised by the Council thai they would be credited for any mat ' placed in this area previously, when the final improvement was installed. Councilman Breider agreed, saying this had been done by Council Resolution, and ' 'he said the people were to be credited back the money which had been previously I . applied for the rt�at. ; hir. Harris said he would receive a credit of $1,600. flayor Liebl agreed and stated ; �the Administration should locate this resolution and also credit the money due to ! the property owners in the area. F�ayor Liebl asked if there were any questions concerning the installation of curbing on Beech Street and there was no response, I CURBING ELM STREET: 77TH AVENUE TO 79TH AVENUE: CURBING: P1AIN STREET: 77TH AVENUE TO 79TH AVENUE: CURBING: 69TH AVENl1E: STIidSOiJ BOULEVARD TO 130U FEET WEST: The Assistant Engineer said the fina] price of the assessment for the curbing in the aforementioned areas would be $4.95. There were no questions concerning this assessment. I+fOTION by Counci]man Utter to close the Public Hearing. Seconded by Councilman Starwalt. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously and the Public Hearing on ST. 1973-1 closed at 9:28 P.hi. PUBLIC HEARING ON STREET IMPROVEMENT PROJECT N0. S7. 1973-2: Pi0TI0N by Councilman Utter to waive the reading of the Public Hearing Notice and open the Public Hearing. Seconded by Councilman Breider. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously and the Pub7ic Hearing on Street Improvement Project ST. 1973-2 opened at 9:29 P.f�9. fMIN STREET: 79TH AVENUE TO 83RD AVENUE: The Assistant Engineer said the estimated price for front footage had been $28.01 and the final assessment for front footage v�ill be $16.95. He explained, it was throught that there would be trouble in this• area with the subsoil, which did not prove to be any problem. He said �th:: side street assessment would be $1.90. Mr. Richard Harris questioned the high cost of Main.Street on the north of.79th. He said he would pay his assessments for this area, but would pay them in protest because of the high amount. He compared the high assessment received in this area in 1971 with that received at the present time. I•1r. Harris.recalled this assess- ment was much higher than the $16.95 quoted at the present time, and thought it was in the neighborhood of from $19 to $20. P1r. Harris said he had protested the high amount at the time of the assessment hearing on this roll. He said he had been answered by the former City Manager, i�ir. Gavis who wrote that his objections were unfounded. He questioned why the assessments for one end of the street should be so much higher than on the other end. He s�cated, the soil conditions in the area now being assessed are not up to those in the north end. He said he did not think he had been treated fairly in this instance. , �— � '.�t� � � I � , ' i � 211 - PUBLIC HEARING MEETING OF MAY 13, 1974 Mayor Liebl questioned the residents of average investment in the homes in the $20,000. _ PAGE 11 the area who were present and asked the area. A resident answered from $18,000 to Another resident said he believed the City requirements should be met in this instance. He questioned if the man wanted to bui7d the house in this area just to make a profit, he added, tiiis would be wrong. He said this should not be done in a residential area. The City Manager said there are four instances of granting variances to persons with 50 foot lots on Hugo Street. He said this may make the opposiiion to this variance quite weak in the eyes of the judge. He suggested rather than letting the matter go to court, suggesting some agreement so the other properties in the area might be utilized to create 60 foot lots and buildable sites. He said in the older plats, the 60 foot lots would meet the requirements. He siated in the newer plats, 75 foot lots are required. He suggested some means of agreement rather tha�n going through a law suite that may be lost. . Ai► abutting property owner said he owned the property on one side of the property being discussed and he was not interested in selling any property at the present time. The City Attorney said the judge may think if the 50 foot lots are p7atted, they should be buildable. He said they could be considered worthless if they cannot be built on. He said he coutd not determine what the outcome of.this type of liiigation would be. A resident of the area said the lots in this area are platted as 25 foot lots. The City Attorney said this would beone of the arguments in this type of case. Ne continued saying if the court would decide that it was a building site because it is a platted lo�, he would question where this would end. Pdayor Liebl said the people of the area would have to have three of the twenty five • foot lots for a buildable site. 'Ihe City Manager again stressed trying to encourage the parties to work out something that would be suitable for this area. He sa9d there are four homes on fifty foot lots in this area at the present time and one of these is adjacent to the property. � MOTION by Councilman Nee to reaffirm the previous action of the Planning Cotrmtission and the Council action which was to deny the request for the variances on Lots 33 and 34, Block A, Riverview Heights Addition. Seconded by Councilman Breider. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. MR. GARY BARKER, 5800 3RD STREET, RE UEST FOR AID IN CONTACTING STATE HIGHWAY DEPARTMENT 0 LICENSING PR CEDURES IN CONJUNCTION IT HIC E POWER : Mr. Barker addressed the Council and said he had.been at the previous meeting of the Council and had been told that ihe material presented the Council would be reviewed by the Administration with a report being made at�the present meeting of the Council. The City Attorney said he had discussed the mat•ter with Mr. Barker concerning the licensing requirements of his motor for regular bicyles, and he had advised him that any waiver in the requirements would have to come from the State. The City�Attorney further explained that the State Highway Department has definitions for motor vehicles and the City of Fridley would have to meet the State requirements. • Mr. Barker asked if he would need a license to sell the equipment in the State. The City Attorney said no, but 9f he would sell the equipment.to an unlicensed driver, he would be doing so contrary to the laws of the State. He said this would be no different than operating a mini-bike without a license. MOTION by Councilman Starwalt to authorize the City Attorney to write a letter to the State Highway Department and to the Attorney General, without endorsement of the product, requesting the statement of the requirements on this type of equipment. Seconded by Councilman Utter. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. ' 21Z PUBLIC HEARING MEETING OF MAY 13, 1974 - APPROVING AND AUTHORIZING SIGNING THE — ---- 1 � PAGE 12 i BLISHING ' MOTION by Councilman Utter to adopt Resolution #54-1974, approving and authorizing signing.the agreement establishing working conditions, wages and hours of employees of the City of Fridley Fire Department for the year 1974, Seconded by Councilman Breider. Upon a voice vote, all voting aye, i+iayor Liebl declared the motion carried unanimously. NATURE INTERPRETIVE PROGRAM: h10TI0N by Councilman Utter to receive and concur in the report from the City Manager dated May 13, 1974 concerning the status of the Nature Interpretive program. Seconded by Councilman Starwalt. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. NORTH PARK•DEVELOPMENT: Q APdD RESOLUTION #53-1974 - TO REQUEST THAT THE ENVIRONMENTAL QUALITY COUNCIL POSTPONE ITS FIN L DECISION ON HE ENVIRONMENTAL IMPAC ST 7EMENT FOR TFIE USE OF NORTH PARK: Counci7man Breider said due to. the action of the previous week, two items which the ' Council had taken action on would have to be postponed. He said one of those plans would be the the preparation of preliminary plans for the golf course and the other would be the decision on the statement by the Environmental Quality Council. He said this was due to the action of the City Council to put the issue on the uti7ization of the North Park area to the people at the general election in the fall in form of a referendum. Councilman Nee questioned if the State Environmental Qual9ty Council could lawfully postpone this question_ • Councilman Utter said he would not want to spend $8,000 for an Environmental Impact Statement at this time. Mayor Liebl said the City should let the State Environmental Quality Council know what is happening on this issue. He said they should be informed about the referendum. Councilman Breider questioned the point of asking them to present•an impact statement on something that may not happen. Councilman Nee stated, they may make a decision that the construction of the golf course is not feasible, and the referendum on the issue would not be necessary. Mrs. Lee Ann Sporre asked if the current action of the Council means that the Council i�n any way had�changed their position on the ase of North Park. Mayor Liebl said no. A member of the audience questioned if it was still the intentiop of the Council to develop a golf course in North Park. Councilman Breider said the position of the Counci7 at this time would be to allow the issue to go to a referendum. He said he felt until this is accompl9shed, the Council would be neutral. �•irs. Sporre.said she would like a roll call on the statement �hat the Council is neutral at this time. She said she would like something official. She would like to know if the decision of the people at the referendum.would be final. Councilman Breider said personally, he would noi: be neutral on the issue, but , as a Council, ic should be neutral until the time of the election. He continued to explain as an individual, he would not take a neutral position, he would support a golf course. He said he would vote like an individual. - Mrs. Sporre questioned how this information would appear on the ballot, would it be a golf cou.rse versis a nature center at the North Park site without the present- at9on of the alternate placement of the galf course. I ` ; ! a ; f � i ' •,t�� z� ' �i h i 9 ; � � ; � � , A ; � .f �� !i � �� i'L1 REGULAR COUNCIL MEETING OF APRIL 21, 1975 COMMUNICATIONS: PacE t s II�DEPENDENT SCHOOL DISTRICT .#114: .WAIVER OF FEES FOR HEARING IP�SPECTION PERMITS: The City Manager explained that the inspection or permit fees had been waived in the past for the School District. MOTION byCouncilman Starwalt to receive the communication from Independent School District #114 and authorize thatthe fees for the permits be waived. Seconded by Councilman Breider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried .unanimously. OFFICE OF THE SECRETARY OF TRANSPORTATION: NOISE CONTROL AT BURLINGTON NORTHERN NORTHTOWN YARD: Mayor Nee explained the Department of Transportation requested if they could review the�oise contr•ol system at the Great Northern Northtown yards. He mentioned they were quite impressed with this and would like to make a systematic evaluation. He explained that this review would be in the form of running some noise through the system and change the noise and make determinations if the system is' effective. He.said the communicativn asked if the city would cooperate with them. He asked the members ofi the Council if they thought there would be any problems in the proposed action and noted that the tests would only last a few days. Councilman Fitzpatrick said he felt it would be better if this were done in the winter months when people would not have their windows open. Mayor Nee said this would not be blasting, it would be running cars through the area. Councilman Breider said he did not think it would be appropriate if the fcests would be run 24 hours. Councilwoman Yukowski said this would only be done during the day light hours. Councilman Breider said if the tests were limited to the day light hours, -.this would be fine. Councilman Starwalt said the people of the area should be aler`tt�d to the tests. Mayor Nee said the Department of Transportation would take care of the notifying of the people of the area. MOTION by Councilman Breider to write to the Secretary of the Department of Transportation indicating that the City would cooperate and that ihey should advise the City on the effectiveness on completion of the tests. Seconded by Councilwoman Ku4:owski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. TRI-C`O BUILDERS, INC.: REQUEST FOR REDUCTION OF SPECIAL ASSESSMENTS: AND � RESOLUTION N0. 69-1975 - DELETING ONE BUILDING SITE CHARGE ON LOTS 33, 34, 35, APJD 36, BL CK A, RIVER VIEW HEIGHTS ADDITION: The Finance Director explained that this item had been before the Council at another tir►� when the City Attorney had asked Council authority to settle the matter out of court. The City Manager said thi's was the property in the action by Yesnes, Inc. and Tri-Co Inc. are the builders. He referred to the previous situation and said there was a conflict • concerning building on 50 foot lots as compared to the 100 foot lots and the Council had , asked him to resolve the law suit with the understanding that the proposed action would �• be taken by the Council. � • P10TION by Couocilman Breider to adopt Resolution No. 69-1975, deleting one building . site charge on Lots 33, 34, 35 and 36 Block A, River View Heights Addition. Seconded by Counci7woman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the ; motion carried unanimously. REQUEST FOR INFORMATION BY COUNCILMAPJ STARWI�LT FOR ALLEVIATION OF PROBLEM OF FIRE CALLS TO HOSPITAL DUE TO SMOKE DETECTOR ALARP1S: CounCilman Starwalt referred to the Fire Call report and said ihere are calls due to the faulty smoke detector alarm at the hospital. He quesiioned if there would be sorrre possibility of getting the alarms in order to eliminate this City expense. �\ j The City Manager said the Admin�stration would prepare a report.to the Council on i:his. �.—� 120 REGULAR COUNCIL MEETING OF APRIL 21, 1975 LICENSES CONTINUED: FOOD ESTABLISHMENT & ON SALE BEER APPROVED BY Fridley Firemen's Relief Assoc. sponsoring: Public Safety Director Fridley Invitational Softball Tournament Conmons Park 61st & 7 Street N. E. Dates: June 20 - 22, 1975 PAGE 15 FEE Non-profit MOTION by Councilman Breider to approve the licenses. Seconded by Councilman Starwalt. Councilwoman Kukowski questioned if the Fridley Firemen's Relief Association have liquor liability insurance. The City Manager said the Fire Department is a part of the City. Mayor Nee questioned the policy of the serving of beer in City parks. He felt this was against the law and he thought the law should be adjusted rather than allow the use when suited. The City Manager said something could be brought back for Council consideration. Councilwoman Kukowski questioned if this concern is brought up every year. Councilman Breider said this was requested by the Prosecutor. The'City Attorney suggested that something be done in the form of a resolution to determire City policy. The C9ty Maqager said this could be a topic of discussion at a conference meeting. He suggested the Council go over the pros and cons of the question. He pointed out that the law would have to be enforced. The City Attorney said the Parks and Recreation corranission and the Council would have to agree on some course of action and to this point, he had not seen any consensus. P�ayor Nee questioned how the law would be enforced, if this would be without exception. UPON A VOICE VOTE, all voting aye, Mayor Nee declared the motion carried unanimously. ESTIMATES: A. J. Chromy Construction Company 5051 West 215th Street Lakeville, Minnesota 55044 e PARTIAL Estimate No. 10 for Sanitary Sewer, Water & Storm Sewer Improvement Project No. 114 Comstock & Davis, Inc. Cons�lting Engineers 1446 County Road "J" Minneapolis, Minnesota 55432 For the furnishing of resident inspection and Resident supervision.for the staking out of the following: PARTIAL Estimate No. 5 for Sanitary Sewer Improvement Project No. 113 from March 3 through March 29, 1975 PARTIAL Estimate No. 4 for Water, Sanitary Sewer & Storm Sewer Improvement Project No. 116 from Nlarch 3 through March 29, 1975 Weaver,Talle & Herrick 6279 University Avenue N. E. Fridley, Minnesota 55432 For Services Rendered for March, 1975 $ 4,568.30 $ 129.71 ..$ 682. 53 $ 2,273.00 MOTION by Councilman Breider to approve the Estimates. Seconded by Councilwoman Kukowski. Councilman Starwalt asked if there was still a portion of Project #114 that had not been completed. The Public Works Director said they are still working on Alden Way. h1a.yor Nee declared the motion carried unanimously