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Council Mnts4 9 . 0 8 9 �_ 2 1% MULTIPLE DWELLINGS SANITATION 49. 0862. There is provided on or off the premises a safe and sanitary means of gar- bage and rubbish disposal for each dwelling unit and its occupants. SITE STANDARDS 49.087. The Main Building structure is so located and of such size that it meets the following standards in relation to the site upon which it is Iocated: 49. 0871. Occupies not more than 20% of the total ground area. 49.0872. Has two (2) side yards totaling in width not less than 8016 of the height of the building. 49.0873. Neither side yard is less in width than 3010 than the height of the building. 49.0874. The ground area contains a designated and improved and maintained parking area consisting of not less than 20016 of the total site area and each parking space or stall thereon consists of not less than 200 square feet. 49.0875. The ground area is improved wiih sodding and landscaping except for driveways, sidewalks and parking areas, with such sodding and landscaping to extend across the entire front yard of the premises from street surfacing or curb to the front of said building. 49.0876. That sodding and landscaping occupies not less than 351yo of the total ground area. 49.088. That such building in construction, exterior design or appearance, and functional plan is not so similar to or so at variance with other buildings immediately adjacent thereto, or in such condition, need of mainteriance, or lack of repair as causes a material depreciation generally to the values of property in the neighborhood. 49.089. That no construction or material therein exists as is deemed dangerous or unsafe, to the occupants of such premises or any premises immediately adjacent there- to, under the terms of any ordinance or code of the Ciry; nor does the building exist in violation of any law. Further there is no condition therein arising by way of struc- tural damage, faulty maintenance, or lack or repair, F;re, safety, or health hazard or otherwise, as is deemed by the City to be so dangerous or unsafe or detrimental to the health, safety or welfare of the occupants that a license cannot reasonably be granted and accordingly denied until such condition: is c --rected and removed. i (1-2-63) 97 ZONING 45.202. The use of land if changed from a non -conforming use, shall conform to the provisions herepf. 45.203. The lawful non -conforming use of a structure existing at the date of enact- ment of this ordinance may be continued, and such use may be extended throughout the building and may be changed to another non -conforming use permitted in the same or in a more restricted district, provided no structural alterations except those required by law, and no additions or enlargements, are made to such building. 45.204. Whenever the non -conforming use of a structure is changed to a use per- mitted in a more restricted district, such use shall not thereafter be changed to a use permitted in a less restricted district. 45. 205. A non -conforming structure destroyed or damaged by fire, flood, wind, •earthquake, explosion or other casualty, or by the public enemy, to the extent where the cost of restoration would amount to less than 50 per cent of its assessed valuation, full and true, may be restored, provided, however,, that where a structure is destroyed or damaged to such an extent that its total demolition is required by existing or here- inafter adopted law or ordinance, or is required to protect the public health or safety or restoration is not started within a period of one year and carried diligently to com- pletion, any future structure or use shall conform to the provisions hereof. 45.206, The provisions of this section shall apply to any use that may become non- conforming due to a change in the classification of a district in which it is located, from the effective date of the ordinance making such change. 45.207. Any use which is permitted in a district only upon the issuance of a use per- mit therefor shall, upon its establishment, be considered a conforming use in that dis- trict, but subject to any conditions imposed by such use permit. 45.208. The provisions herein for the continuance of non -conforming uses shall not prevent or interfere with action that may be taken to abate any nuisance in any man- ner provided by law. 45.209. Any structure, any portion of which is situated unlawfully within a public street or alley or other public way or thoroughfare, is hereby declared to be a non- conforming use, whether or not its use is otherwise in conformity with the regulations of the district in which said structure is located. Any such structure shall be subject to any and all applicable regulations herein for non -conforming uses except in the event the city council shall require removal of the structure or portion thereof for a public purpose, in which case such requirement shall prevail. 45.2010. The council may acquire by purchase, condemnation or otherwise, pri- vate property for the removal of non -conforming uses and structures and may in its discretion provide that the cost and expense of acquiring such private property be paid from general funds, or the cost and expense of any portion thereof be assessed to a special district. 45.21. Whenever any plan or requirement for providing or reserving off-street auto- mobile parking spaces in one or more sections of the City of Fridley shall be adopted by the city council, then such plan or requirement shall govern within such sections. Otherwise off-street automobile parking spaces shall be provided as follows, applica- ble to buildings hereafter erected, constructed or moved and to uses hereafter estab- lished, to such non -conforming uses as may be required to conform to the regulations hereof, and to extensions and enlargements of buildings and uses. "X Ref. 45.391, 395" 1. Off-street parking spaces shall be provided at the ratio of one (1) parking stall for: (a) Each dwelling unit in any dwelling, or other building. (1-2-63) 68 NON -CONFORMING USES REQUIREMENTS FOR AUTOMOBILE PARKING SPACE 45.216 REQUIREMENTS FOR AUTOMOBILE PARKING SPACE ZONI NG (b) Each sleeping accomodation in any automobile court or tourist home and each camp unit in any automobile camp. (c) Each 3 sleeping accomodations in any hotel, boarding house, frater- nity or sorority house, or dormitory, in addition to the number of parking stalls required for its dining and entertainment uses. (d) Each 3 beds in any hospital. (e) Each 6 beds in any sanitarium, convalescent home or similar estab- lishment. (f) Each 6 seats or similar accomodations in any restaurant, theatre, audi- torium, stadium, church, entertainment use, hall for meetings, danc - ing or social events, and other use where seats or similar accomoda-- tions are provided for gatherings of 6 or more persons. (g) Each 500 square feet of ground floor area in business or commercial use, each 1, 000 square feet of basement floor area in such use, each 1, 500 square feet of floor area in such use above the first floor, pro- vided that for such establishments as drive-in markets and similar and other businessess catering to drive-in patronage, the required ratio shall be 3 parking stalls for each 190 square feet of total area in business or commercial use within buildings and outside, including ground area in such use. (h) Each 3 persons (including proprietors) of inaximum employment in a single shift in any light or heavy industrial use. 45.211. In any C -1S or C -2S District, parking spaces required for all permitted buildings and uses shall be not less than 3 parking stalls for each 190 square feet of total area in business or commercial use within buildings and outside. 45.212. Each business, commercial, manufacturing or industrial use having deli- veries made by truck more than once a day between the hours of 8 o'clock A. M. and 6 o'clock P. M. , or where the time of loading and unloading materials or goods ex- ceeds 10 minutes between those hours, shall provide off-street truck loading space on the lot, such space to be not less than 35 feet in length, 12 feet in width and 15 feet in height. 4-57. 213. For the purpose of this chapter one parking stall shall be not less than 200 square feet in area, in addition to whatever area is required for satisfactory movement into and out of such stall except that in the case where attendants perform the act of parking in defined and adequate stalls then each such stall shall be considered a park- ing stall as required herein. 45.214. A driveway for access to any single parking space or to a parking lot shall be not less than 12 feet, nor more than 25 feet in width at the property line along the street and shall be so located as to minimize traffic hazard and congestion, provided that this width shall be 10 feet and no wider for a driveway serving residential parking spaces. 45.215. All required parking stalls shall be located on the premises to which such requirement applies or on an off-street space distant not more than 500 feet from such premises, provided that stalls required for employees and proprietors of any premises may be located on an off-street space distant not more than 1, 000 feet from such pre- mises. 45.216. Spaces for open parking stalls and truck loading shall not occupy any por- tion of a required front yard or side yard and shall not occupy more than 1/3 of the area of a required rear yard. (1-2-63) 69 W" ZONING 45. 217. Provision of parking stalls jointly by several uses in the same block or in the same vicinity is permissible, in which case the number of stalls required shall be in the sum total of the individual requirements, provided that where it is found by the board of appeals, upon application thereto, that the parking demand generated by the different uses included in any joint arrangement to provide parking stalls required herein occurs at distinctly different times, as in the case of a store generating demand for parking during its daytime business hours, and a theatre generating peak demand for parking after such daytime hours, and in similar cases, the board may recommend to the city council and the council may reduce the total number of parking stalls to be jointly provided. 45.218. All required parking spaces provided on a lot or in a building shall be un- obstructed and usable for the purpose and shall not be reduced. 45.219. The surfaces of parking stalls and aisles, truck, standing spaces and access driveways therefor shall be treated, prepared and maintained for adequate drainage and freedom from dust, dirt and mud. 45.232 REQUIREMENTS FOR AUTOMOBILE PA.RKI NG SPACE 45.22. Yards, lot sizes and open spaces shall be as required in this section for build - YARDS, LOT SIZES ings, hereafter erected in R-1, R-2, R-3, C-1, C-2, M-1 and M-2 Districts, except OPEN SPACE as otherwise provided herein. Minimum open spaces and facilities shall be as required R E Q U IRE M ENT S in Section 45.32 for building developments in C -1S and C -2S Districts. No lot shall be so reduced or diminished, nor shall any structure be so enlarged or moved, as to reduce or diminish the yards, lot area or open space required herein in the district in which located. No yard or other open space required herein for any building shall be considered as providing a yard or open space for any other building, and no yard or open space on an adjoining lot or parcel of property shall be so con- sidered as providing a yard or open space on a lot whereon a building is to be erected. The standards established herein serve, among the other purposes of this Ordi- nance, to provide to each structure located on any land, a building site suitable to its particular needs as well as adequate areas of open space between such structure and any adjacent building, all as is deemed suitable or appropriate to each such building or structure and their respective uses. It is, also, deemed a purpose herein, to pro- vide standards which encourage uses of land and the erection of buildings and struc- tures thereon in areas which are open, unplatted or without any substantial number of buildings located therein, as are of a type, size, style and design as are deemed to meet currently at all times the needs of the City and its inhabitants for the purposes of residence, commercial use or industrial enterprises; and, also, to enable an owner nevertheless, to make a reasonable use of a parcel of land or structure thereon, which is or was a part of subdivision or plat of land recorded or approved prior to the enact- ment of this ordinance and is therefore, smaller or different in type, size, style or de- sign from that otherwise required herein. (Ref. 165) 45.23. R-1 and R-2 Districts: Two side yards are required, each with a width of not less than 10 feet. (Ref. 70) 45.231. R-3 Districts: Same as in R-1 Districts, provided that 1 additional foot of width of each side yard is required for each 4 feet, or portion thereof, of building height in excess of 35 feet. 45.232. C-1 or C-2, M-1 and M-2 Districts: Two side yards are required for a building containing any dwelling units. One side yard is required on the side of any other lot which side adjoins any R-1, R-2, R-3 or C -IS District. None are required, otherwise. The width of each side yard shall be not less than 12 percent of the lot width, with not less than 6 feet permitted or more than 12 feet required. (1-2-63) 70 SIDE YARD REQUIREMENTS r REGULAR COUNCIL MEETING, JULY 17, 1967 Page 10 the school, they would have enough. Councilman Harris asked Mr. Julkowski if he would be willing to give a 30' dedication on the north side of his property. Councilman Harris said they would not change the requirements for the apartment units, but this would guarantee the City a street in there. Mr. Julkowski said that this would be all right and stated that he would give the 30' dedication. Councilman Harris said that this will be needed for access, but it will not have to be run all the way at present if it is not needed. MOTION by Councilman Harris to concur with the recommendation of the Building Standards - Design Control Subcommittee upon the receipt of a dedication of 30 feet on the north side of the property for street purposes. The motion was seconded and upon a voice vote, there being no nays, Mayor Kirkham declared the motion carried. 4. CONSIDERATION OF CONSTRUCTION OF 11 - 42 UNIT APARTMENT COMPLEX yv� 462 UNITS ON THE PROPERTY KNOWN AS AUDITOR'S SUBDIVISION #78, NORTH OF LYNWOOD MANOR NURSING HOME AND ACROSS FROM THE DOWNING BOX COMPANY AT APPROXIMATELY 5800 EAST RIVER ROAD. REQUEST BY MAURICE FILISTER, 1312 EAST 21ST STREET, MINNEAPOLIS MINNESOTA 55404: Mr. Filister, owner, and Mr. Cooperman, architect, were present at the Council Meeting. Mr. Filister said that according to the Fridley code incinerators are permissible in apartments, but the code does not state what kind. He said that they propose to use a Goddard Fluefed Incinerator w which they have used before and which are used all over the City of Minneapolis, but the Fire Inspector and Health Inspector do not like this type. He said he would not use rubbish barrels and he would not build if they are required. Mayor Kirkham asked what the inspectors did not like about the incinerator. Mr. Filister said the Fire Inspector said it was possible for them to plug up, and this was true with part- time caretakers. He said that they burn their own garbage and have strict caretakers, and that at no time in 20 years in real estate has he had any. problem with the chute type. Councilman Harris said he could get in touch with the Building Inspector, Fire Inspector and City Attorney to resolve this particular problem. Mr. Filister :said the code says they can be used, and it is a matter of definition on what kind. He said he holds to one kind and the Fire Inspector to another type, and he wants to know if he can put in the incinerator as described. Councilman Liebl said that the City has been plagued with incinerator problems and they are considering rewriting the code. Mayor Kirkham said he thought the Council needed a written report from the Fire Inspector. Mr. Filister asked when the Council met again and was told August 7, 1967. Mr. Filister said that by then he would have to drop the plans as he must close the deal with Studebaker by the 25th of this month. Councilman Sheridan asked what the Inspectors would like to have. Mr. Filister said they would like garbage cans outside and that he did not agree. He said they objected to the Goddard Incinerator because it was a flue type and felt it could plug up, but that would only happen with a part-time caretaker. The City Attorney asked Mr. Filister if the Inspector had not suggested an alternate type. Mr. Filister said they suggested a double flue with a multiple chamber. The City Engineer said that he had been at a meeting with the Inspectors and this was an ..a incinerator with a double pipe so there was no chance to start a fire in the flue, but Mr. Filister felt it was too expensive. Councilman Sheridan pointed out that Mr. Filister had mentioned no suggestion other than garbage cans previously. He said that the Council goes by their staff, • REGULAR COUNCIL MEETING, JULY 11, 1967 Page 11 and the Health Inspector is the finest in the State as is the Fire Inspector, and the Council goes on their recommendation. If they are asked for a recommendation, he presumes they will come back with a recommendation. Councilman Liebl said that the Council has to be concerned with the health and safety of the occupants and it is important that they have a good installation. Mr. Filister said he was equally as concerned as he would not have a successul building if there were -no health and safety standards. He said they had been allowed to put this incinerator in in Golden Valley. Councilman Liebl said that he would like to see one of the apartment build- ings. Mr. Filister said he would be very happy to have him see one. Mayor Kirkham said that the Council was having a Special Meeting on July 24, 1967 and the Council could give Mr. Filister a decision at that time one way or another. MOTION by Councilman Samuelson to table consideration of the construction of the apartment complex as requested by Maurice Filister to the meeting of July 24, 1967 for a report from the Fire Inspector and Building Inspector regarding the two types of incinerator units, the Goddard Fluefed Incinerator and the double flue with multiple chamber incinerator. The motion was seconded and upon a voice vote, there being no nays, Mayor Kirkham declared the motion carried. The Council looked at the plans for the apartment complex. The architect said the courts of the buildings'overlook the river, there will be recreational facilities, marina boat landing, olympic size pool and picnic area, and they will -leave the land as natural as possible. Councilman Samuelson asked about the land building ratio. The City Engineer said that it was adequate when figured to include the land up to the water line. The architect also showed the plans of one of the buildings, which he said was a typical layout of 1 -bedroom apartments. He said the buildings will be three stories high, and each will have their own elevator and security system. Councilman Liebl asked how many apartments there will be. Mr. Filister said there would be 30 one -bedroom apartments and 12 two- bedroom apartments per building. He explained where the driveways and parking will be, and also the proposed garages. He was asked about the storage for each apartment. Mr. Filister said that the proposed lockers will have 18 square feet of storage and will not meet the required 40 square feet. Mr. Cooperman said that there will be storage in the garages. Councilman Harris asked if there was any way to improve on the storage. Mr. Filister said there was no way. The City Engineer said he was given to believe there would be 1st floor storage for bikes and so forth, comparable to the code. Mr. Filister said there would be additional storage, but not 22 squ._:re feet additional. There was a discussion of floor to ceiling lockers, the additional cost if he had to construct another building for storage. The Council pointed out that they have been adhering strenuously to the code and 18 square feet was very short. Councilman Liebl suggested they leave the plans here to be discussed in detail and the Council could give them an answer at the next Council meeting. He also asked about the balconies. Mr. Filister said they were not sure about the balconies and these had been left as optional so they would be an alternate bid. Councilman Harris asked if the garage plans were drawn. The architect said they were not, but when asked, said a sketch could be available on July 24, 1967. Councilman Harris suggested that on July 24th, they go over these plans again, and he thought the architect should have some kind of sketch on additional storage. He said that this is our code REGULAR COUNCIL MEETING, JULY 27, 1967 Page 12 and the Council has been very stringent on this and would be remiss if they did not require sufficient storage. He said the City has found that when they did not have this type of ordinance in the code, they received a number of complaints about the lack of storage. MOTION by Councilman Harris that additional information necessary to make a determination on these items be available for a meeting on July 24, 1967. Seconded by Councilman Samuelson. Upon a voice vote, there being no nays, Mayor Kirkham declared the motion carried. The Council requested that Mr. Filister leave his plans. Later in the meeting, Mr. Filister invited the Council to visit his apart- ment buildings in Golden Valley. The Acting City Manager was to inform him when the majority of the Council would be able to get together to view them. 5. CONSIDERATION OF ALTERATIONS AND ADDITIONS FOR THE SERVICE STATION AT 6301 T. H. #65 NORTHEAST, FRIDLEY, MINNESOTA. (LOT 9 AND PART OF LOT 10, BLOCK 1, MOORS LAKE HIGHLANDS, 3RD ADDITION. REQUEST BY RICHARD W. STEINER, 1589 ROSELAWN, ST. PAUL, MINNESOTA: The Acting City Manager said that the alterations and additions they propose are similar to the improvements to the Texaco Station on University Avenue. He said there is a fence on the east side put up by the neighboring residents. Councilman Samuelson questioned requesting site preparation. The Council discussed a possible planting strip and decided they would like an opportunity to look at this property. MOTION by Councilman Samuelson to table consideration of alterations for the service station until the Special Meeting of July 24, 1967. Seconded by Councilman Harris. Upon a voice vote, there being no nays, Mayor Kirkham declared the motion carried. PLANNING COMMISSION MEETING MINUTES, JULY 13, 1967: 1. CONTINUED REZONING REgUEST: ZOA #67-04, S & S INVESTMENT COMPANY REPRESENTED BY WILLIAM SHAW: Lots 1-6, Carlson's Sun -nit Manor Annex 2nd Addition to be rezoned from R-1 to R -3A. Councilman Liebl said he would like to see this property on a tax -income base and at present they are empty lots that the City is trying to clean up to.improve the image of the City. He said that the people have indicated they are opposed to a 24 -unit apartment building, but would favor 6 -unit apartment buildings, and three could be built with sufficient parking spaces. Councilman Liebl said he would recommend that a compromise be worked out between the people in the area and the builders. Councilman Liebl asked Councilman -at -large Harris and Mayor Kirkham their opinions on this matter. Councilman Harris said that Mr. Shaw had requested a Public Hearing be set and this was his prerogative. MOTION by Councilman Harris to set a public hearing on rezoning request ZOA #67-04 as requested by S & S Investment Company, represented by William Shaw, for August 14, 1967. Seconded by Councilman Samuelson. Upon a voice vote, Councilman Liebl abstaining, Mayor Kirkham declared the motion carried. Mr. Jack Velin, a visitor to the Council Meeting, said he did not like to see this item postponed. Councilman Harris said that it was Mr. Shaw's determination to ask for the Public Hearing and he was willing to spend THE MINUTES OF THE SPECIAL COUNCIL MEETING OF JULY 24, 1967 The Special Council Meeting of the City of Fridley was called to order by Mayor Kirkham at 7:10 P.M. OPENING CEREMONY: Mayor Kirkham asked the audience to stand and join in saying the Pledge of Allegiance to the Flag. ROLL CALL: MEMBERS PRESENT: Kirkham, Samuelson, Sheridan, Liebl (Arrived at 7:17 P.M.) Harris (Arrived at 7:35 P.M.) MEMBERS ABSENT: None FEDERAL LUMBER COMPANY: Mayor Kirkham stated that the people from the Federal Lumber Company had called him to explain that they would not be attending the Council Meeting as scheduled. They had explained .that they had a fire at their company and were just not ready to meet with the Council. He said that they asked to be put back on the agenda as soon as they have something ready for the Council. APARTMENT COMPLEX - FILISTER: The Acting City Manager said that there were several questions the Council wished to discuss with Mr. Filister: Incinerators, storage, garages, and parking. He said that the Fire Inspector and Health Inspector were present to discuss the type of incinerator the City suggests and the type that Mr. Filister wishes to put in his apartment buildings. Mayor Kirkham asked the Health Inspector to give the Council a report. He said the Council was interested in why he disapproved of the incinerator. The Health Inspector said that the type of incinerator that Mr. Filister wants is a single chamber incinerator, and the Council would have to change the ordinance to allow this. He said there would be a distressing obnoxious odor, and he could not conceive of a single chamber incinerator taking care of a 462 unit apartment. The Health Inspector went on to explain the way a multiple chamber functions. He said that the organic matter would be reduced in the final stage to water and carbon dioxide. He said that the multiple chamber is an air pollution device and many communities require it. The Health Inspector said that he felt it unwise to advocate a single chamber incinerator as there is enough pollution, and Fridley should not contribute to it. The Fire Inspector drew the Council's attention to the report he had sub- mitted. He said that the City has not had much experience with single chamber incinerators as they are not permitLed by code. Mayor Kirkham said that he was proud Fridley has a modern forward thinking ordinance as far as incinerators go, and he thought the City should stick to it. SPECIAL COUNCIL MEETING, JULY 24, 1967 Page 2 (COUNCILMAN LIEBL ARRIVED AT 7:17 P.M.) Mr. Filister asked if there is any type incinerator that is allowed, as the City Code does allow incinerators. The Inspectors pointed out that - Ordinance No. 335 allows multiple chamber incinerators approved by the Health Inspector. Mr. Filister said that they have literally put in dozens of single chamber incinerators in their apartment buildings and he invited the Council out to see that there was no pollution. He said that they have yet to have problems with them. The Inspectors pointed out the stringent ordinances of some of the surround- ing communities. There was a discussion on the possibility of bugs in the single flue incinerator; the reasons paper can be burned in this type of incinerator but not garbage; different companies that make incinerators; and the space required to install them. Councilman Liebl said that he had taken the time and effort to go to Golden Valley and had spent 22 hours inspecting the apartment units. He said that the room that housed the incinerator was very small but he did not notice any odor. The Health Inspector said he was talking about the odor in the atmosphere, not in the room. He said that he could show the Council volumes of literature pertaining to pollution and to the outcome of samplers put on stacks for testing. He said the Air Pollution Commission will be banning single flue incinerators and changing to multiples. Mr. Filister pointed out that Minneapolis and Golden Valley allow them. The Health Inspector said that they won't be for long, and ... that Minneapolis is.contemplating stopping all burning. Mayor Kirkham stated that the City's Ordinance is very specific and would have to be changed to allow a single flue incinerator. He asked if any of the Council felt there should be a`change. Councilman Samuelson said he felt the City should maintain the Ordinance they have and abide by it. Mr. Filister asked if this meant he could, or could not, incinerate. Mayor Kirkham said that he would be able to incinerate but he must have a multiple chamber as specified in the ordinance. Mr. Cooperman, Architect, explained the changes they proposed in storage units. The storage in the apartment buildings would be sufficient for 2 the units and would be close to the 40 square feet required. The units that do not have space in the building will have storage in the garages. Mr. Filister said that 2 the tenants will not be using the locker space, and it can be switched back and forth between apartments. Mayor Kirkham said that the proposed changes still do not meet the requirements for space or location. He said the Council might be able to overlook whether the space was on the first or second floor, but being short on space and not being in the same building falls very short of the ordinance. Council- man Harris asked the Architect why he did not, when he was drawing the plans, take the ordinance into consideration and try to conform to it. Mr. Cooperman said that he did not feel that the required storage was necessary for this type of project, and that 25% of the storage space in Golden Valley is not being used. He said that at no time have they had any complaints on lack of storage. Mayor Kirkham said that another point would be that the storage in the garage would invite pilfering and burglaries. Councilman Harris asked if the mechanical equipment filled the space on the first floor or would space be available in this area. Mr. Filister said the space was pretty well filled. SPECIAL COUNCIL MEETING, JULY 24, 1967 Page 3 The Council went over the site plan and parking proposal with Mr. Filister and Mr. Cooperman. The Council discussed the way the garages will front; that they did not want cars along the service road, and if the Council would grant a waiver for the garages from the required 35 feet to 15 feet, would there be enough room for snow plowing. Councilman Harris said he would rather see Mr. Filister have a waiver on the setback of the garages than have open space parking. MOTION by Councilman Harris to grant the setback variance with the pro- vision that the garages exist. Mr. Filister said there would be approximately 250 garages, and in the future they may find they want to fill in the blank space with more garages. Councilman Harris said he would not want to see continuous garages. Councilman Samuelson pointed out that there would be 320 feet of garage for each module. Councilman Liebl said he felt that filling in with garages would destroy the effect. He asked Mr. Filister if he intended to have the same quality apartments as he has in Golden Valley. Mr. Filister said that the units are somewhat smaller and there is a lower rent scale. He said they will be the same quality but the roof line is not the same. The Council discussed the brick and redwood siding the apartments will have. Mayor Kirkham repeated Councilman Harris' motion. There was no second, and the motion failed for lack of a second. Mr. Filister asked -if the Council was going to take any action on the storage. Councilman Liebl said that before the Council decides on these questions, Mr. Filister should have permission to build. He said that he did not want a slum area in 10.to 15 years, and the Council has to rely on the advice of the Health and Fire Inspectors for their inter- pretation of the Code. Councilman Liebl asked Mr. Filister if they were willing to comply with the ordinances. Mayor Kirkham said that Mr. Filister is asking for these concessions before he decides whether or not he wants to build in Fridley. The Council asked if the balconies would be required as secondary exits for fire purposes. The Fire Inspector said they would not be required if the windows are a certain size and distance from the floor. He said they would assume this to be the case, but cannot determine this for sure until they have the working drawings. Councilman Liebl said that he had understood that if the plan had not been submitted and approved, there was no reason to consider the other items at this time, but now if. Councilman Harris would make his motion, he would second it. MOTION by Councilman Harris to approve the setback waiver from 35 feet to 15 feet provided that the garages are constructed, and that the garages be no longer than 320 feet for each module. Seconded by Councilman Liebl. Councilman Liebl asked what material the garages will be constructed of - brick or stucco? Mr.. Filister said that it will vary. lie said that they will try to carry out the uniformity of the building. Councilman Harris said he would like to see all brick. The Council discussed the aesthetics with Mr. Filister, and which material they felt would be best. SPECIAL COUNCIL MEETING, JULY 24, 1967 Page 3 The Council went over the site plan and parking proposal with Mr. Filister and Mr. Cooperman. The Council discussed the way the garages will front; that they did not want cars along the service road, and if the Council would grant a waiver for the garages from the required 35 feet to 15 feet, would there be enough room for snow plowing. Councilman Harris said he would rather see Mr. Filister have a waiver on the setback of the garages than have open space parking. MOTION by Councilman Harris to grant the setback variance with the pro- vision that the garages exist. Mr. Filister said there would be approximately 250 garages, and in the future they may find they want to fill in the blank space with more garages. Councilman Harris said he would not want to see continuous garages. Councilman Samuelson pointed out that there would be 320 feet of garage for each module. Councilman Liebl said he felt that filling in with garages would destroy the effect. He asked Mr. Filister if he intended to have the same quality apartments as he has in Golden Valley. Mr. Filister said that the units are somewhat smaller and there is a lower rent scale. He said they will be the same quality but the roof line is not the same. The Council discussed the brick and redwood siding the apartments will have. Mayor Kirkham repeated Councilman Harris' motion. There was no second, and the motion failed for lack of a second. Mr. Filister asked -if the Council was going to take any action on the storage. Councilman Liebl said that before the Council decides on these questions, Mr. Filister should have permission to build. He said that he did not want a slum area in 10.to 15 years, and the Council has to rely on the advice of the Health and Fire Inspectors for their inter- pretation of the Code. Councilman Liebl asked Mr. Filister if they were willing to comply with the ordinances. Mayor Kirkham said that Mr. Filister is asking for these concessions before he decides whether or not he wants to build in Fridley. The Council asked if the balconies would be required as secondary exits for fire purposes. The Fire Inspector said they would not be required if the windows are a certain size and distance from the floor. He said they would assume this to be the case, but cannot determine this for sure until they have the working drawings. Councilman Liebl said that he had understood that if the plan had not been submitted and approved, there was no reason to consider the other items at this time, but now if Councilman Harris would make his motion, he would second it. MOTION by Councilman Harris to approve the setback waiver from 35 feet to 15 feet provided that the garages are constructed, and that the garages be no longer than 320 feet for each module. Seconded by Councilman Liebl. Councilman Liebl asked what material the garages will be constructed of - brick or stucco? Mr. Filister said that it will vary. He said that they will try to carry out the uniformity of the building. Councilman Harris said he would like to see all brick. The Council discussed the aesthetics with Mr. Filister, and which material they felt would be best. SPECIAL COUNCIL MEETING,.JULY 24, 1967 Page 4 MOTION by Councilman Liebl to amend the.motion that 80% of the exterior walls of the garages be brick. Seconded by Councilman Harris. The vote upon the amendment to the motion was a voice vote, there being 3 ayes, 2 nays, the amendment carried. The vote upon the motion was a voice vote, there being 3 ayes, 2 nays, the motion carried. Mayor Kirkham asked if the Council could make any determination on the storage question. Councilman Sheridan said that the City has a number of apartment buildings and the present ordinance was in effect at the time most of them were built. He said the ordinance was made rather stringent when it was adopted, and he said he could see no reason to change the ordinance or grant exceptions to it. MOTION by. Councilman Sheridan to deny the request for waiver of storage area requirements. Seconded by Councilman Samuelson. Upon a voice vote, there being no nays, Mayor Kirkham declared the motion carried. Mr. Filister said he appreciated the Council's time and effort, but he did not believe they would be back. CHANGE ORDERS #G-2, #G-3, AND #E-2, CIVIC CENTER: Mr. Richards, representing S. C. Smiley & Associates, was present at the Council Meeting., The Council discussed 5 proposed change orders for the new Civic Center. Mr. Richards said that two.of the Change Orders are going to be sent through.the Administration in the usual manner, but he would like to receive approval of the other three this evening. MOTION by Councilman Harris that Change Orders #G-2 (Room EB 35), #G-3 (Area B-13), and #E-2 (LIGATING ROOM #B-35) be executed. Seconded by Councilman Samuelson. Upon a voice vote, there being no nays, Mayor Kirkham declared the motion carried. CONSIDERATION OF ALTERATIONS AND ADDITIONS FOR THE SERVICE STATION AT 6301 T.H. #65 NORTHEAST FRIDLEY MINNESOTA. (LOT 9 AND PART OF LOT 10, BLOCK 1, MOORE LAKE HIGHLANDS 3RD ADDITION). REQUEST BY RICHARD W. STEINER, 1589 ROSELAWN2 ST. PAUL, MINNESOTA: The Council discussed the service station site with the representatives. They discussed the possibility of improving the site with some landscaping. The City Engineer explained that in the future, the curb will be improved and the drive changed so that the approach will be 75 feet back from the curb. The representative said that it would be very expensive for them to take up concrete or blacktop to make a grass area. There was a dis- cussion on the possibility of a corner being planted, but this was not feasible until the curb was improved to protect it. It was decided that the only protected place for planting was along the southeast corner. MOTION by Councilman Harris to concur with the alterations and additions request for the service station with the provision that the owner agrees to put plantings along the southeast corner of the property. Seconded by Councilman Sheridan. Upon a voice vote, there being no nays, Mayor Kirkham declared the motion carried. j OFFICIAL PUBLICATION i OFFY'GIAL NOTICE CITY OF FRIDLEY PUBLIC HEARING BEFORE THE f BOARD OF APPEALS i TO WHOM IT MAY CONCERN: R NOTICE IS HEREBY GIVEN THAT the Board of Appeals of the ; City of Fridley will meet in the i Council Chambers of the City Hall I at 7:30 o'clock P.M., Wednesday, I July 5, 1967, to consider the follow- ing matter: } i A request for a variance from Section 45.26, City Code of Frid- ley, Minnesota 1963, Revised j December 1964, by waiver of front yard setback requirement from 35 feet to 24 feet in order to screen parking area from Anna Avenue by use of garages as screen wall on Lots 3 and 4. Block 2, Hayes River Lots, Ano- ka County, Minnesota, same be- ing 5940-5990 Anna Avenue INortheast, Fridley, Minnesota, to permit construction of an 18 unit garage. Request by James Nelson Company,, 7601 Wayzata j Boulevard; Minneapolis, .. Minn esota 55426.. Anyone desiring to be heard with reference to the above- matter will; be heard at this meeting. r ROBERT E. YLINEN Chairman Board of Appeals Publish: June 23, 1967 1 June 30, 1967 ! (Published in the Anoka Union & Fridley Free Press i June 23 & 30. 1967) OFFICIAL PUBLICATION OFFICIAL NOTICE CITY OF FRIDLEY PUBLIC HEARING BEFORE THE BOARD OF APPEALS +TO WHOM IT MAY CONCERN: i NOTICE IS HEREBY GIVEN THAT the Board of Appeals of the City of Fridley will meet in the Council Chambers of the City Hall at 7:30 o'clock P.M., Wednesday, July 5, 1967, to consider the follow- ing matter: A request for a variance from Section 45.26, City Code of Frid- ley, Minnesota 1963, Revised December 1964, by waiver of j front yard setback requirement from 35 feet to 24 feet in order to screen parking area from Anna Avenue by use of garages + as screen wall on Lots 3 and 4, Block 2, Ha es River Lots, Ano- ka County, Minnesota, same be- ing 5940-5990 Anna Avenue Northeast, Fridley, Minnesota, to permit construction of an 1S unit. garage. Request b Nels i �I1y 7801 ayaa a jaz ou evar . Minneapolis,' Minn- esota 55426. Anyone desiring to be heard with reference to the above matter"will be heard at this meeting. ROBERT E. YLINEN Chairman Board of Appeals Publish: June 23, 1967 June 30, 1967 (Published in the Anoka Union & Fridley Free Press June 23_&_30. 1967) REGULAR COUNCIL rff F'TING, AUGUST 7, 1967 PAGE 5 Councilman Liebl asked Mr. Joseph Zizak, 5791 - 22 Street Northeast, why he wanted this street vacated. Mr. Zi.zak s:3i_d that the people have enough assessments already and did not want the street. He said that if it is vacated it will go to the people it originally came from south of 57z Avenue. Mayor.. Kirkham questioned a small triangle of land, not included in the descrip- tion. The Council said the whole triangle should be vacated. The City Engineer said this would be included when the ordinance is brought to the Council. MOTION by Councilman Harris to close the Public Hearing. Seconded by Councilman Samuelson. Upon a voice vote, there being no nays, Mayor Kirkham declared the Public Hearing on the vacation of 572 Avenue from 22 Street to the east closed. BUILDING PERMIT - FILISTER, APARTMENT BUILDINGS, AUD. SUB #78: Mr. Filister. and Mr. Cooperman, architect, were present at the Council Meeting and shm": their plans for storage area to the Council. In each apartment building they planned 18 storage areas which are to be 47 square feet each, with the rest of the storage consisting of 24 lockers, with 42 square feet each, located in the garages. Councilman Harris reminded Mr. Filister that the garages are not to exceed 320 feet for each module. Councilman Harris asked the Health Inspector if the incinerator problem had been resolved. The Health Inspector said that Mr. Filister has agreed to put in a multiple chamber incinerator with one flue large enough to handle their needs. He said there would be no drop chute, and was a much better incinerator than what they had been advocating. The Council looked at the plans for apartment building style A and for apartment building style B. There was a discussion on how much brick the exterior of the buildings should have. Mr. Filister said he planned on 50% brick on one type of apartment and 70% brick on the other, which would more than comply with the Code. He said his plans were to build three apartment buildings to start with. Council- man Samuelson asked about Mr. Filister's entrance design. Mr. Filister said he planned on having water wheels at the entrance and a fountain in the court yard. jMOTION by Councilman Harris to approve the plan for the locker storage area as submitted to the Council. Seconded by Councilman Samuelson. Councilman Samuelson said that Mr. Filister should submit landscaping plans also. Mr. Filister said that prior to getting a Building Permit he would assume they would have to give the City Inspectors complete plans. The vote upon the motion was a voice vote, there being no nays, Mayor Kirkham declared the motion carried. MOTION by Councilman Harris to grant the Building Permit to Mr. Filister based on the provision that the site plan,'drainage plan and landscape plan be fully developed in addition to complete construction plans and specifications for the buildings he intends to build. Councilman Liebl asked Mr. Filister if he planned on fighting the NSSSD connection charges. Mr. Filister said he did not plan on fighting the Council, however, he would like to receive some relief on it, and would like to discuss this with the Acting City Manager to see if this could be assessed rather than paid at the inception. Councilman Harris said that the Council would be reluctant to grant the permit if they thought they would have'to pay out money to fight it in court. REGULAR COUNCIL MUTING, AUGUST 7, 1967 Mr. Filister said he had no plan to fight this, but would like to have relief on the payment and delay the payment if possible. Mayor Kirkham said that. the City just collects the money and pays NSSSD, but the Finance Director may know some way this could be done. Councilman Liebl asked the City Attorney if the Council would be bound by law to give permits for the additional a.-partment buildings, if they grant this permit. The City Attorney said his understanding would be that they are approving the general concept, but a specific application for a specific building would be granted or rejected at the time requested. He said he did not know how many years this project would take, and the Building Code could change. He said that there would be no specific obligation to grant additional permits after a change in the Code, as the Council cannot bind future Councils. Councilman Harris' motion was seconded, and upon a voice vote, there being 3 ayes and 2 nays, Mayor Kirkham declared the motion carried. RESOLUTION #138-1967 - A RESOLUTION RELATIVE TO CITY OF FRI.DLEY - NORTH SUBURBAN SANITARY SEWER DISTRICT SEWER USE AGREEMENT: MOTION by Councilman Harris to adopt Resolution #138-1967. Seconded by Councilman Sheridan. The City Engineer stated that there was an additional property on 72nd Avenue to be connected to NSSSD, and they want service by the end of September. He said the Council has already ordered plans for this improvement and he -would suggest that if it is necessary to deal. with NSSSD, this should be started now, Councilman Harris asked if it will be necessary to have a resolution for each connection. Councilman Sheridan said that a resolution will be necessary for each direct connection, but there could be 200 different connections on each direct connection. He said there will not have to be a resolution each time someone in Commerce Park connects to the line. The Council instructed the City Attorney to prepare a resolution on this additional connection to NSSSD for the next regular Council Meeting. The vote upon the motion to adopt Resolution 4138-1967 was a voice vote, there being no nays, Mayor Kirkham declared the motion carried. BUDGET: The Acting City Manager said that there was not material on the Budget prepared at this time to give to the Council.. Councilman Harris asked if all the department heads had turned in their requests, and the Acting City Manager said they had. RECEIVE TRAFFIC SAFETY ENGINEERING AWARD: Mayor Kirkham read the award aloud to the audience. MOTION by Councilman Liebl to receive the Traffic Safety Engineering Award. Seconded by Councilman Sheridan. Upon a voice vote, there being no nays, Mayor Kirkham declared the motion carried. The Council congratulated the City Engineer and his staff. The City Engineer said that they could not take all the credit as they work very closely with the Police Department. He said that the Police Department gives them information and the Engineering Department puts it together. t BUILDING STANDAP.D3-DESIGN CONTROL SUBCOMMITTEE MEETING MINUTES OF SEPTEMBER 6, 1967 The Meeting was called to order by Acting Chairman Biermann ROLL CALL MEMBERS PRESENT: Tonco, Dittes, Hauge, Biermann MEMBERS ABSENT: Erickson OTHERS PRESENT:_ Building Inspector and Fire Prevention Chief 1. CONSIDERATION OF ADDITION OF A CAR WASH TO THE SUPER AMERICAN STATION AT 7449 EAST RIVER ROAD (LOT 1, BLOCK 1, HUTCHINSON ADDITION). REQUEST BY L. W. ,,,SAMLTELSON, 7800 EAST RIVER ROAD, FRIDLEY, MINNESOTA: Mr. Samuelson explained the construction details and traffic patterns. MOTION by Hauge, seconded by Tonco, to approve the addition subject to submittal of plot plan indicating landscaping and paving of unpaved portions of property. Upon a voice vote, there being no nays, Acting Chairman Biermann declared the motion carried. 2. CONSIDERATION OF AN AUTOMATIC CAP. WASH AT 6065-6067 UNIVERSITY AVENUE NORTHEAST, FRIDLEY, MINNESOTA (LOTS 26 & 27, BLOCK 4, HYDE PARK ADDITION CONCRETE BLOCK CONSTRUCTION. APPROXIMATE COST - $20,000,00. OWNER IS PHILIP WALKER. (REST BY BILL HAUCK EQUIP�fNT COMPANY, 1326 - 8TH AVENUE SOUTH, ANOKA, MINNESOTA, 55303): This item was cancelled inasmuch as the City of Fridley is in the process of acquiring this property for road use. 3. DISCUSSION OF RECOIL^ DTDATIONS OF FIRE PREVENTION CHIEF AND BUILDING INSPECTOR FOR UPGRADING ORDINA14CES:_ The discussion was continued until the next meeting prior to which the committee members will be sent copies of these items. 4\ / RE CONSIDEPATION OF FILISTER APARTMENT COMPLEX - REVISIONS OF EXTERIOR DESIGN: Mr. Filister and his secretary were present at the meeting. There was a lengthy discussion of various aspects of the exterior design. MOTION by Dittes, seconded by Biermann, to accept the Georgetown concept. Upon a voice vote, Bierman and Tonco voted no, Dittes and Hauge voted yes. Since a stalemate occurred this item was continued to a special meeting of the committee on September 13, 1967 at 7:30 P.M. 5, RECONSIDERATION OF 4-PLEX ON LOTS 2 AND 3, BLOCK 11, HAMILTON'S ADDITION TO MECHANICSVILLE,(5480 - STH STREET NORTHEAST, FRIDLEY, MINNESOTA) REQUEST BY MOON CORPORATION, 6225 UNIVERSITY AVENUE NORTHEAST, FRIDLEY, MINNESOTA: Mr. Julkowski was present at the meeting. The plan was reduced to meet the land area requirements. THE MINUTES OF THE BUILDING STANDARDS - DESIGN CONTROL SUBCOMKITEE MEETING SEPTEMBER 13, 1967 The Meeting was called to order by Chairman Erickson at 7:34 P.M. ROLL CALL MEMBERS PRESENT: Erickson, Hauge, Dittes, Tonco MEMBERS ABSENT: Biermann OTHERS PRESENT: Fire Prevention Chief Aldrich, Building Inspectors Belisle and Gasterland, Councilmen Harris and Samuelson, Maurice Filister and his secretary. 1. CONSIDERATION OF APARTMENT COMPLEX - AUDITORS SUBDIVISION NO. 78 APPROXIMATELY 5800 EAST RIVER ROAD) REQUEST BY MAURICE FILISTER, 1312 EAST ?1ST STREET, MINNEAPOLIS, MINNESOTA, 55404. (CONTINUED FROM THE SEPTEMBER 6, 1967 SUB- COi�lITTEE MEETING: Mr. Filister presented his latest revision of the complex including a plot plan without dimensions and a revised elevation of Building I with a "Georgetown" facade treatment. There were no drawings of the proposed garages but Mr. Filister made a statement that the garages would conform to the "Georgetown" concept of the entire project, and Mr. Filister agreed that the exterior of Building I would be more than 70% brick facade and Building II would be at least 50% brick facade. There was a discussion concerning a lot split to include the three proposed buildings and the assigning of sewer connection charges and assessments for this portion of the entire parcel. MOTION by Dittes, seconded by Erickson, to recommend the "Georgetown" concept, over the old plan, to the Council. A statement was made by Hauge showing concern over the obvious copy of a distinct architectural style attributed to a definite section of the country. Upon a voice vote, Dittes and Erickson voting aye, Tonco and Hauge voting no, a stalemate again occurred and it was agreed to present it to she Council with a record of this stalemate. Mr. Hauge pointed out an error in the minutes of the September 6, 1967 meeting concerning Item #'4. The corrected vote should read, "Upon a voice vote. Hauge and Tonco voted no, Dittes and Biermann voted yes." MOTION by Tonco, seconded by Dittes, to accept the new general plot plan, as revised September, 1967, as submitted subject to the same condi ions as the old plot plan. Upon a voice vote, there being no nays, Chairman Erickson declared the motion carried. MOTION by Tonco, seconded by Hauge, to require a detailed plot plan showing all dimensions of buildings, setbacks, and parking must be approved be -Fore commencement of structure, and that a landscaping plan must be approved before a temporary certificate of occupancy is issued, and that the land- scaping be completed before a final certificate of occupancy is issued. Upon BUILDING STANDARDS -DESIGN CONTROL, SEPTEMBER 13, 1967 a voice vote, there being no nays, Chairman Erickson declared the motion carried. Councilman Samuelson initialed the plans presented to this subcommittee. 2. CONSIDERATION OF RECOMMENDATIONS FOR UPGRADING ORDINANCES - BUILDING INSPECTOR AND FIRE PREVENTION CHIEF: The discussion was continued until the next meeting. ADJOURNMENT: There being no further business, Chairman Erickson declared the meeting adjourned at 11:09 P.M. Respectfully submitted, Jan Gasterland, Insp-ction Officer --/Acting Secretary to the Board PAGE 2 t REGULAR COUNCIL MEETING, SEPTEMBER 1.8, 1967 ti whole: Council to get together for a discussion. The Council set 7:30 P.M. on. September 28, 1967 for an informal. Council meeting to discuss this proposal. The Council said.they wanted to thank the Commission for all the work done on this and asked Chairman Hughes to pass this on to the members. Chairman Hughes said that the Commission requests that Council consideration be made as quickly as possible. BUILDING STANDARDS - DESIGN CONTROL SUBCOMMITEE MEETING MINUTES OF SEPTEMBER 6, 1967: 1. CONSIDERATION OF ADDITION OF A CAR WASH TO THE SUPER AMERICAN STATION AT 7449 EAST RIVER ROAD �L OT 1, BLOCK 1, HURCHINSON ADDITION. REQUEST BY L. W. SAMUELSON ,__ 7800 EAST RIVER ROAD, FR.IDLEY MINNESOTA: The City Engineer showed the Council the plot plan and the plan of the proposed addition. There was a discussion about the shortage of stacking space, and the possible traffic problem. The Council. discussed the possibility of reversing the traffic flow to gain more space. MOTION by Councilman Harris to concur with the recommendation of the Sub- committee and approve the addition provided that the traffic stacking be changed upon the recommendation of the Engineering Department, and subject to landscaping, paving and plot plan approval. Seconded by Council- man Li_ebl. Upon a voice vote, there being no rays, Mayor Kirkham declared the motion carried. PAGE 13 2. RECONSIDERATION OF 4 -FLEX ON LOTS 2 AND 3, BLOCK 11, HAMILTON'S ADDITION TO MECHANICSVILLE. 5480 - 5TH STREET NORTHEAST ,FRIDLEY, MINNESOTA) REQUEST BY MOON CORPORATION, 6225 UNIVERSITY AVENUE NORTAEAST,_FRIDLEY, MINNESOTA: - The City Engineer showed the Council. the building plans and the landscaping plan and explained that the plan had been reduced to meet the land are:: requirements. Councilman Harris suggested that a 2" minimum should be set on the trees for landscaping. The City Engineer said that the people will be using the alley in this area between 4th Street and 5th Street. Councilman Liebl asked if this street was to be fixed. The City Engineer said that this will be on a program for a hearing in the future. MOTION by Councilman Harris to concur with the motion of the Subcommittee and approve the plan. Seconded by Councilman Sheridan. Upon a voice vote, there being no nays, Mayor Kirkham declared the motion carried. THE MINUTES OF THE BUILDING STANDARDS - DESIGN CONTROL SUBCOMMITTEE MEETING, SEPTEMBER 13, 1967'• -~- 1. CONSIDERATION OF APARTMENT COMPLEX - AUDITORS SUBDIVISION NO. 78 APPROXIMATELY 5800 EAST RIVER ROAD) REQUEST BY MAURICE FILISTER, 1312 EAST 21ST STREET, MINNEAPOLIS, MINNESOTA, 55404. CONTINUED FROM THE SEPTEMBER 6, 1967 SUBCO'RIITTEE MEETING: Mr. Filister was present at the Council Meeting, and said that he had decided he was not satisfied with the exterior elevations on his buildings, and he had changed the elevations and the plot plan to make a better view of the river. Fie said he had also gone to the ''Georg eto,an" design, which he felt was an interesting exterior design. He showed the Council a drawing IFI REGULAR COUNCIL MEETING, SEPTEMBER 18, 1967 PAGE 14 of the building, and said he had not changed the building interior. �.q Councilman Liebl asked if he had changed the width or length, or the amount of brick exterior. Mr. Filister said that the foundation and footings would be the same, and he said there would be a better percentage of brick than the original 50/70%. He said he would like to have a carriage house design on the garages to go along with this design. He presented the Council with a detailed dimensional drawing which the Building Inspector had requested. There was a discussion of roads and traffic. The City Engineer said that a road will have,to go through somewhere. Mayor Kirkham said that the,City tries to limit access to East River Road and stacking room is needed, Mr. Filister said that somehow or other they will come out on the service road, but he was not sure at present how it would be done. He said that at present he was asking for approval of the entire layout. Councilman. Harris said that the garages could be approved when the Council sees the plans, as they have to go to the Building Standards -Design Control Sub- committee, but this will not hold him up from starting on the other buildings. The City Engineer named the other plans Mr. Filister must submit. Mr. Filister said that it would take him about 3 weeks to get the drainage plan, and he asked that the Council give him more than a foundation permit. MOTION by Councilman Harris to issue a Foundation Permit to Mr. Maurice Filister for an apartment complex, to be followed by the complete Building Permit upon his submitting a plot plan, drainage plan, landscaping plan, s electrical and mechanical plans. Seconded by Councilman Sheridan. Upon a voice vote, there being no nays, Mayor Kirkham declared the motion carried. PLANNING COMMISSION ME TING, SEPTEMBER 7,-1967: 1. PUBLIC DARING - REZONING_ REQUEST ZOA #67-09, FEDERAL LUMBER COMPANY BY SAM ROSENBAUM TREASURER: LOTS 5 THRU 8, LOTS 25 AND 26, BLOCK 2, COMMERCE PARK ADDITION. REZONE TO CR -2 OR M-1: The City Manager said that the Federal Lumber Company had requested a public hearing before the Council. The date of November 13, 1967'was agreed upon. MOTION by Councilman Harris to set the date of November 13, 1967 for a Public Hearing as requested by the Federal Lumber Company. Seconded by Councilman Liebl. Upon a voice vote, there being no nays, Mayor Kirkham declared the motion carried. CONTINUED DISCUSSION - FIRST READING OF ORDINANCE REZONING LOTS 1 - 6, BLOCK 1, CARLSON'S SUMMIT MANOR ANNEX 2ND ADDITION: Mr. Wilbur Holm, Attorney for S & S Investment Company, said they would be willing to buy the property discussed across the street from the proposed rezoning, if they could build the planned 25 -unit apartment building. He - said that Mr. Root would promise to put in the contract for deed that the property was restricted to no more than double bungalows. Mr. Holm said that Mr. Root is willing to let the three lots go to the City for $10,000, but as far as S & S Investment Company was concerned, this was their proposal, and the people would not have to worry about another apartment building being built across the street on these three lots. He said the REGULAR COUNCIL MEETING, OCTOBER 16, 1967 PAGE 11 MOTION by Councilman Harris to receive the communication. Seconded by Council- man Liebl. Upon a voice vote, there being no nays, Mayor Kirkham declared the motion carried. For the public's information, Councilman Harris gave the date and place of the Hearing. (C) INDEPENDENT SCHOOL DISTRICT #14: ELEMENTARY SCHOOL, 6150 EAST RIVER ROAD: The City Engineer showed the Council the plans for the school, and the Council reviewed the School Board's requests. There was a discussion of the easements the City has for access to the river, and the school's request to hook onto water and sewer in Charles Street eventually. Mayor Kirkham said there were a number of things to be resolved with the School Board before the Council could concur with their requests. MOTION by Councilman Harris to receive the communication from School District #14 and to request a joint meeting between the School Board and the City Council. Seconded by Councilman Liebl. Upon a voice vote, there being no nays, Mayor ;r�qv°� Kirkham declared the motion carried. MR. FILISTER - APARTMENT COMPLEX LANDSCAPING PLAN: Mr. Filister presented his proposed landscaping plan for the first phase of his development. He said his plan showed the type of trees he was proposing to use, and when finished, it will be fairly close to the plan. Councilman Harris asked if the Council was to receive the plans subject to the approval of the Building Standards - Design Control Committee. Councilman Samuelson i said that the Committee has given approval subject to the presentation of the { plans to the Council. Councilman Harris said that the Council will need a assurance that what is specified in the plan is what will be going in. Mr. Filister said he did not want to tie himself to the plan 100%, but when finished, it will be equal to, or better than, the plan. He said he may be utilizing some of the trees already on the property. He said he would guarantee that it will not vary over 15%. Mr. Filister said he would come back with any major changes for the Council's approval. He said there may be some changes as far as quantity is concerned, which would most likely be up- ward. He was asked if he would use all the varieties designated and he said he would. MOTION by Councilman Samuelson to accept the minimum landscape plan as sub- mitted by Mr. Filister, and if any major changes are to be made, Mr. Filister is to come back to the Council. Seconded by Councilman Harris. Upon a voice vote, there being no nays, Mayor Kirkham declared the motion carried. e (D) GREATER FRIDLEY ASSOCIATION - CALENDAR OF EVENTS Councilman Liebl submitted a letter from the: Greater Fridley Association and a letter from the Secretary, Caroll Kukowski, which he read aloud. The letter asked the City to submit any events they would like published on the calendar. MOTION by Councilman Liebl to receive the communications and refer it to the Administration and request that they reply. Seconded by Councilman Harris. Upon a voice vote, there being no nays, Mayor Kirkham declared the motion carried. BUl-I,DING STANDARDS -- DESIGN CONTROL MINUTES, APRIL 10, 1968 PAGE 2 2. Submission and approval of a final landscaping plan to include addition of boulevard trees (seven minimum). Motion approved subject to above two provisions. 3. CONSIDERATION OF A PROPOSAL OF A MANUFACTURING PLANT AND RESEARCH BUILDING ON M-2 RE:'�3�.'.!�i 1'4�ll �3Y JUHN 0' Hl•�R�I.ip �.,,..x ..,, MOTION by Biermann to grant building permit and approve presented plans. Seconded by Tonco. Upon a voice vote, all voting aye, the m6tion was passed. 4. CONSIDERATION OF A b"U1114ING 'POOL A^1 THE GEORGETO N COURT APARTMENTS, IN PARCEL 200 and TG700, AUD1T0:�'S Su13DIvISION #7 (R"- irrsSl 13Yi��aLiRICE FIm�.7 This item was postponed until later in the meeting. 5. CONSIDERATION OF A CAR CAFE CENTER LOCATED ON LOTS 7, 8,9 _10, _11. & 12, BLOCK tiC JidE'P-PALR ADDITION. (RF.(a LEST BY KEITH HOLVENSPAT. .z . MOTION by Dittes to approve the presented plans and recommend issuance of building permit subject to the following: 1. North wall will be faced with brick, the same as East, Nest and South walls contrary to plans. 2. Add highway type guard rail on inside (South side) of redwood fence. This is included per Mr. Holvenstat. Seconded by Biermann. Upon a voice vote, there being no nays, the motion carried unanimously. J 4. No one was present to represent Filister or Baker Pool. MOTION by Biermann to table the proposal until placement of pool is positively and clearly defined on official plot plan. Poo]_ drawings must also be approved by the City Health Officer. Seconded by Dittes. Upon a voice vote, there being no nays, the motion carried unanimously. ADJOURNMENT: The Meeting adjourned at 11:20 P.M. Respectfully submitted, Richard E. Dittes Acting Secretary REGULAR COUNCIL MEETING, APRIL 1S, 1968 PAGE 21 MOTION by Councilman Harris to concur with the recommendation of the Building Standards - Design Control Subcommittee and grant the building permit subject to the two provisions listed in their minutes of April 10, 1968 and a third provision that precast curbing be required for the west parking area. The motion was seconded and upon a voice vote, there being no nays, Mayor Kirkham declared the motion carried unanimously. 3. CONSIDERATION OF A PROPOSAL OF A MANUFACTURING PLANT AND RESEARCH BUILDING ON M-2 PROPERTY, 270' x 440' AND 70' x 75' RESPECTIVELY, PARTS OF PARCELS 4800 AND 7800, S 1/2 OF SECTION 11, THE SAME 500 73RD AVENUE NORTHEAST. (REQUEST BY CARTER -DAY CO., REP- RESENTED BY JOHN O'HEARN). MOTION by Councilman Samuelson to concur with the recommendation of the Building Standards - Design Control Subcommittee and grant the building permit as requested by Carter -Day Co. Seconded by Councilman Harris. Upon a voice vote, there being no nays, Mayor Kirkham declared the motion carried unanimously. 4. CONSIDERATION OF A SWIMIMING POOL AT THE GEORGETOWN COURT APART- MENTS, IN PARCEL 4200 AND 4700, AUDITOR'S SUBDIVISION #78 (REQUEST BY MAURICE FILISTER) :,,,,,_ Z ✓=(� �-n! —� e The City Engineer said that no one had been present at the meeting to represent Filister or Baker Pool and the proposal had been returned for adequate plans. He said that he had received a call from Mr. Filister saying that he wants to comply with all the requirements, and would like to get started for operation by June lst. He questioned whether this could be handled without having to come back to the Council. The City Engineer showed the plans of what roughly was wanted, and said that the Health Inspector has made the notes that he requires on the plan. There was a discussion on whether the Council should approve this proposal subject to the approval of the Subcommittee and Administration, but it was decided that the Subcommittee meets shortly before the next Council Meeting, and the information could be brought to the Council at the meeting of May 6, 1968. MOTION by Councilman Harris that no action be taken.on this item until it is returned to the Council again from the Building Standards - Desing Control Subcommittee.. Seconded by Councilman Liebl. Upori a voice vote, there being no nays, Mayor Kirkham declared tha motion carried unanimously. S. CONSLDERATION 11 AND 12, BL HOLVENSTOT): Councilman Sheridan pointed out that the description incorrect; and should be changed from Bennett -Palmer View Addition. The City Engineer read the Building mendation regarding fencing which would be 32' on the on the opposite side, and that the north wall will b e OF A CAR CARE .CENTER LOCATED ON LOTS.7,.8, 9., 10 CK 4, CITY VIEW ADDITION. REQUEST BY KEITH in the minutes was Addition to City - Standard's recom- back side and 32' faced with brick. BUILDING STANDARDS - DESIGN CONTROL SUBCOMMITTEE MEETING MINUTES, APRIL 24, 1968 The Meeting was called to order by acting Chairman Dittes at 8:11 P.M. TMT.T. r A T.T.. MEMBERS PRESENT: Tonco, Dittes, Hauge MEMBERS -ABSENT: Erickson, Biermann APPROXIMATELY 100' X 150' REQUEST BY L. M. J. COMPANY ON LOTS 20 & 21, BLOCK 2, COMMERCE PARK. INC 1011 WEST 80th STREET. BLOOMINGTON. MINN. Jim Sackrison and Jim Gibbs were representing the L. M. J. Company's proposal. After a lengthy discussion concerning this proposal, a MOTION was made by Hauge to accept it subject to the following 8 items: a. Blacktopping of all driveways b. Concrete.or blacktop curbing of front area C. Grass seeding of Northern unpaved property d. Curbing and blacktopping of the East and North paved areas e. Agreement for sidewalks on their own property f. Architectural breakup of front of building (5 panels of aggregate or architectural brick) g. Two unlabeled trees to be #6 on the schedule h. All concrete block walls painted Seconded by Tonco. Upon a voice vote, there being no nays, the motion carried unanimously. 2. RECONSIDERATION OF A SWIMMING POOL AT THE GEORGETOWN COURT APARTMENTS IN PARCELS 4200 AND 4700, AUDITOR'S SUBDIVISION #78. REQUEST BY MAURICE FILISTER.) Mr. Filister presented his proposal to the Board. MOTION by Tonco to accept the proposal subject to the entire 4800 square feet pool area to be enclosed by a 42' high fence. Seconded by Hauge. Upon a voice vote, there being no nays, the motion carried unanimously. CHAIRMAN ERICKSON ARRIVED AT 9:15 P.M. 3. CONSIDERATION OF A REQUEST TO MOVE 2 GARAGES FROM 260 LONGFELLOW TO 231 LONGFELLOW, AND FROM 1575 73RD To 6350 PIERCE. MOTION by Erickson to accept the proposal to move the garage from 260 Longfellow to 231 Longfellow subject to placement of the garage on proper footings or slab and that setback and side yard requirements be met. Seconded by.Tonco. Upon a voice vote, there being no nays, the motion carried unanimously. REGULAR COUNCIL MEETING, JUNE 3, 1968 PAGE 14 2. COX nXRATjQK OF PLOT PLAN AND FINAL PERMIT FOR THE RICZ �g= MICE BUI_ ING, LOT 2, AUDITgZ'S§UBDIVISION #59, i �„Qj = . MINNSSOTA, TUM ShW BEING 6279 UNIV$RS ITY AVENUE N.E.. FRIDLEY. Mn=sOTA. MEQUEST BY L.K.J._ 1011 WEST 80TH STREET, BLOOMINGTO: JWTION by Councilman Liebl to concur with the Building Standards - Design Control subcommittee to approve the final plot plan and building permit as recommended. Seconded by Councilman Samuelson. Upon a voice vote, Harris abstaining, Kirkham, Liebl, Samuelson, and Sheridan voting aye, Mayor Kirkham declared the motion carried. CONSIDERATION OF TRAFFIC PATTERN NEAR FILISTER APARTMENTS ON EAST RIIV], R I&OAD: There was a long discussion at the Council table while looking at all the various plans presented, as to what was the best possible solution to his problem. Councilman Harris pointed out that the City cannot provide and pay for a signal that would serve a private complex. Mr. Filister's Attorney replied that in the event that the County would make the determination that this intersection is a traffic hazard, because of the volume of traffic handled, the County might recommend a signal at this intersection. Mayor Kirkham expressed the view that it seems it would be best to go ahead with the original plan, and that a noble effort has been made to find a better alternative, but without knowing What the County will be doing in the future, it seems impossible. Council- man Liebl said that he felt that this would be a big mistake, as if more land is needed in the future for a service drive, the garages will have to be moved and this would be a considerable expense. Mr. Filister said that the ground has already been prepared for the garages at the original location so cost -wise at this time, the original plan would be best for him. His only expense then would be the $600 - 700 spent in Engineering fees to change the plans, but this would preclude any service road from coming in here. MOTION by Councilman Samuelson that after looking at all the pro- posals, and being unable to reach a better conclusion that the Council approve Mr. Filister's original plan as proposed. Seconded by Councilman Harris. Upon a voice vote, Harris, Samuelson, and yCirkham voting aye, Sheridan and Liebl voting nay, Mayor Kirkham declared the motion carried. Mayor Kirkham said that he appreciated the cooperation of Mr. Filister with this Council. BUILDING STANDARDS -- DESIGN CONTROL SUBCOMMITTEE IYMETING MINUTES -- JULY 11, 1967 (Continued) ,,of the City Engineer on the resolution of street, utility, and ,drainage problems. Seconded by B iermann. Upon a voice vote, there being no nays, the motion carried. 5. CQjNS� ,ON OF CONSTRUCT ON OF 11= _ 42 UNIT A_ _PARTivFINT COMPI,FX (462 UNITS) 01,7 `= PROPERTY KNOWN AS AUDITO'R'S SUBDIVISION 1:78,f NORTH OF THE LYIN7100D MANOR NURSING HOPT1UND ACROSS FRO.: THE DOWt�T7�,G ROX COMPIUNY AT APPROX11,1A'yELY 5800 EAST RIVER ROAD _, i REQUEST BY MAURICE FILISTER, 1312 EAST 21ST STREET, MINNEAPOLIS, MINNESOTA 55404: Mr. Filister, owner, and Mr. Cooperman, Architect, were present. After discussion on traffic control on the service road, incinerator alternatives and choice of two types of units, motion by Biermanr_ to approve preliminary plans provided: 1. A plot plan be submitted and approved defining dimensional setbacks, driveways, parking spaces, proposed landscaping, drainage contours. 2. Provide adequate setbacks of buildings and parking lot on service road paralleling East River Road to allow construction of possible future garages. 3. Plans to be modified relative to storage and laundry space requirements as outlined in City Code, Section 49.082. 4. Balconies shown on preliminary plans optional unless required as secondary exits for fire purposes. Seconded by Tonco. Upon a voice vote, there being no nays, the motion carried. 6. CONSIDERATION OF. ALTE RAT ION S ATPD ADDITIONS FOR THF SERV IC.E STATION AT 6301 T.H. 465 NORT11B ST, FRIDLEY. MIN-'ITESOTA. (LOT Or LOT 10, BLOCK 1, MOOPE. LAKE HIGH1;\.NDS 3RD ADDITION. REQUEST BY RICHARD W. STEINER, 1589 ROSELAf; N, ST.�PAUL, 2•111,TNESOTAe Mr. Steiner and his architect were present. This proposed improvement is similar to the improvements to the Texaco station on University Avenue in Fridley and would not in this committee's opinion involve any changes in traffic patterns in the area of this station. Motk-ioJl by Biermann to approve the request provided the mercury vapor light in the rear yard be relocated to avoid any penetration of light rays into adjoining residential property. No fence or hedge was proposed REGULAR COUNCIL ME13TING OF JULY 15, PAGE 7 1g48 Councilman Liebl asked Mr. Burrill if the City of Fridley will pay ' of the cost for the bridge, will the State pay for the other half and the cost of the fencing. Mr. Burrill said no. Mayor Kirkham said that it was considerate of the Highway Department to send representation to the Meeting, and suggested setting up a meeting with the Highway Department, School District #13, and Columbia Heights and suggested that the City Manager try to set up this meeting for the July 29th Meeting, tentatively. Mr. Burrill said that this would be fine. ,REAFFIRMING EMERGENCY ORDINANCE -p#398 - AN EMERGENCY ORDINANCE FOR SANITARY SEWER HOOK-UP TO NORTH SUBURBAN, SANITARY SEWER DISTRICT: MOTION by Councilman Harris to reaffirm Emergency Ordinance No. 398, adopted at the Meeting of July 1, 1968. Seconded by Councilman Samuelson. Upon a roll call vote, Kirkham, Samuelson, Harris, Liebl, and Sheridan voting aye, Mayor Kirkham declared the motion carried unanimously. FILISTER APARTMENT COMPLEX: The City Manager explained that Mr. Filister has changed his plan to conform roughly with what was discussed at the last Council Meeting. There is an internal road running along East River Road. The City Engineer agreed and said that Mr. Filister has changed his plans. He is now asking for Council approval of the plan, and authorization to submit the plans tothe County for their approval of his use of their right of way. Councilman Liebl asked the City Manager if he had looked this over. The City Manager said that the plan shows an encroachment of 10' on the East River Road right of way. He said that when the plan was first received it showed a connecting road to Anna Avenue, but Mr. Filister had been asked to eliminate the street behind the garages to the north as land is not or could not be made available to put in the street at a later date and the City does not desire to let anyone get the idea that it could. The Council had indicated that he was to remove this street as the apartment building to the north needs all the land it has for parking spaces. On Mr. Filister's plan the encroachment of 10' was for quite a distance, but by removing the possibility of ever connecting to Anna Avenue, the road would stop by the apartments and the use of the County right of way would be only for a short distance, brought about by the need for a wider radius for the turn into the garages. The City Engineer said that there is not too much choice left as he has already poured his garages. It was also pointed out that in this plan there could be provided a slip off which Gould be used as a de9el9r4tion lane in the event sjgnali- wation is ever provided. REGULAR COUNCIL MEETING OF JULY 15, 1968 PAGr. 8 Councilman Samuelson said that he would concur with the internal traffic pattern. Councilman Liebl agreed so long as he gave adequate protection to other property owners. The City Engineer pointed out that by placing the road all on his property, the edge of the street would be the edge of the garages. Councilman Harris asked about the interconnection with Anna Avenue. The City Manager said that on the original plans he was using 15' from the property owner on the north. He was told that he would have to deviate from his glans as the apartment house could not affort to lose this 15' of parking space. If the street was to be connected behind the garages to Anna Avenue, he was then supposed to turn his garages. However, if this was not done, the City wants to make it clear that this would not provide an access behind the garages to Anna Avenue. Councilman Harris said that he thought that Anna Avenue should somehow have the right to connect in the future. It was pointed • out that there was a small portion of land that the City does not own. MOTION by Councilman Harris to direct the Administration to pre- pare the necessary documents for this suture connection, and hold this until, if or when needed, before going ahead. Councilman Sheridan agreed that there should be some kind of access which could be used by emergency vehicles. Councilman Samuelson suggested that this plan be forwarded to the County for their comments before anything else is done. COUNCILMAN HARRIS WITHDREW MOTION. MO'T'ION by Councilman Samuelson to rorward the plans for the road pattern to the County for their comments. Seconded by Councilman Liebl. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously. DISCUSSION WITH DAYTON CORPORATION: Councilman Harris said that Mr. Al Nelson and Cliff Rice of the Dayton Corporation are in attendance at the Meeting tonight, and that they have a proposal to present to the Council. He said that they wished to have their plans looked at tonight as their bid opening is soon and they wanted to have some assurance that they would be granted a building permit. He said that the Dayton BUILDING STANDARDS - DESIGN CONTROL MEETING SEPTEMBER 25, 1968 PAGE 2 i 4. CONSIDERATION OF A REQUEST TO CONSTRUCT "2ND PHASE" TO FILISTER APARTMENTS LOCATED AT 58TH EAST RIVER ROAD, FRIDLEY, MINNESOTA.(REQUEST BY MR FILISTER, MINNEAPOLIS, 1 MTNNF.gOrPA Proposal consists of building three buildings, C, E and F, garages 5 and 6, plus a recreation building. Buildings C and F are to be designed 3A, building E is to be designed 2C, and the garages 5 and 6 will be the owners choice of garage elevation as shown on plans on sheet 60F6 dated September 20, 1967 (Garage Elevations). The recreation building to be built as shown on sheets 1T04 dated September 6, 1968, in total or alternate as shown on sheet 2, at owners option. MOTION.by Biermann to recommend approval of above proposal subject to the revised plot plan and the following: 1. Approval by Building Inspector of the revised plot plan, to be submitted in general agreement with old plan. 2. Waivers granted for relocation of existing garages and existing swimming pool. 3. Exact location of proposed recreation building with its center line approximately 20 feet North of grid line marked "AA" on plot plan dated October 10, 1967. 4. Revision of required parking area affected to be shown. Seconded by Hauge. Upon a voice vote, there being no .nays, the motion carried unanimously. ADJOURNMENT: The Meeting adjourned at 10:45 P.M. Respectfully submitted, Clarence Belisle Building Inspector REGULAR COUNCIL 1, ,• w 1'4 OF OCTOBER 7, 196: PAGE = Kirkham said that he was in favor of sticking to the requirements as is done with other. businesses, and that he would agree with their posting a bond. Councilman Sheridan said that with the parking in front, and area for parking in back of the building for a total of 50 cars which could be located where it would not interfere with future plans, he did not feel the Council should require parking spaces for 109 cars, since 50 is all they need at this time. He said that he did not want to discourage growth. THE VOTE UPON THS MOTION was a voice vote, Kirkham, Harris, Sheridan, Liebl voting aye, Samuelson voting nay, Mayor Kirkham declared the motion carried. Councilman Sheridan asked if there could be parking on the sides, as there would be no expansion in that direction. The City En- gineer said that there was only 32' on the side, which was not sufficient for parking. MOTION by Councilman Sheridan, to ask Electro -Cote to provide additional parking spaces to make a total of 50 blacktopped parking spaces available to be placed to their best advantage, taking into consideration their future expansion plans. Seconded by Councilman Harris. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried. 2. CONSIDERATION OF ,BMUEST TO COUST UCr 2ND PHASE TO FILISTER APARTMENTS, LOCATED AT 58TH AND EAST RIVER ROAD, FRIOLEY, MINNESOTA. (REQUEST BY Mit. FILISTER, MIN MEOLIB. MMA: The City Engineer said that the Building Standards - Design Control Subcommittee had recommended approval of the plot plans subject to some stipulations which he outlined. Mr. Filister said that he had just received those plans at about 5:00 this evening himself. He said that his request is for 3 more buildi4gS, 2 garages, and a recreation center. He said that his buildings are slightly different than those already built. They are of a different ele- vation, but the decor is basically the same. He said that his recreation center is a 17,000 square foot building, which is wood on three sides and brick on one side. He said that there would be a party room, game room, swimming pool, exercise room, sauna baths for both men and women, 3 guest apartments, and one resident mana- ger's apartment. He said that possibly in the future he might possibly in the future he might want to add a barber shop, beauty shop, a small grocery store etc. Councilman Liebl asked if the: traff!7 pattern is all right now. Mr. Filister said that the people have to walk a Jong way t4 the garages, but that cannot helped. Councilman Sheridan asked 11 REGULAR COUNCIL MEET-ING OF OCTOBER 7, 19E; PAGE e additions were made, this would mean that blacktopped parking spaces and curbing should be provided and the front landscaped with sod rather than crushed rock. MOTION by Councilman Liebl to concur with the recommendations of the Building standards - Design Control Subcommittee. Seconded by Councilman Samuelson for discussion. Councilman Samuelson asked how much blacktopping would be involved. The City Engineer said that there would be a considerable amount as the blacktop is in bad shape. Councilman Sheridan asked if the applicant had been advised.of this. The City Engineer said that the Council sets these standards. Mr. Erick LaVine, representing Electro -Cote, said that the plans as submitted showed blacktopping in front and grading and crushed rock on the sides. He said that they would need a total of 50 parking spaces at the most and blacktopping this whole area would be an extra burden on the company at this time. He asked that the City Engineer show the plans with the white cruched rock rather than the .grey rock, which the City Engineer did. Mr. LaVine said that he felt that this makes a respectable looking building and would be an improvement to it. He said that they made their last addition to the building about 3 years ago and at that time they were in- formed that they could have crushed rock in front of the building. Councilman Samuelson said that he could appreciate his position, however, the Council must maintain a degree of consistancy. The City Engineer suggested that Electro -Cote could be given a year for compliance, to give them time to make funds available. Council- man Samuelson suggested posting a bond so the City would have the assurance that this would be done. Councilman Harris asked about how much the blacktopping and curbing would cost them. The City Engineer estimated about $3,000. Mr. LaVine said that he telt that it would be unreasonable to blacktop an area for about 109 cars when they have less than 50 employees. He asked that the Council consider the plot plan as submitted. Councilman Liebl said that he thought the City Engineer's suggestion as a comproiAise was a good one. Councilman Harris asked if the company has sufficient parking spaces available now,. Mr. LaVine said no. Councilman Liebl asked if they planned to add any additionsi in the future. Mr. LaVine said yes, as there is more land available. Councilman Liebl said that he did not want to see any business lost, and because of future expansion plans, perhaps in this case, the policy of -the Council should be waived. Mayor REGULAR COUNCIL MEETING OF OCTOBER 7, 1968 PAGE 9 there was enough open area parking in addition to the garages. Mr. Filister said that there will be more parking area available than will be used. The City Engineer said that his staff would check the parking requirements. There followed a discussion at the Council Table while looking at the plot plans. Mr. Filister said that they were working on the landscaping plan now. MOTION by Councilman Harris to approve the request, subject to the stipulations of the Building Standards - Design Control and review of the revised plot plan by the Building Inspector, and submitting the landscaping plan. The motion was seconded and upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously. RECEIVING THE MINUTES OF THE BOARD OF APPEALS KEST- OF SEPTEMBER 18, 1968- 1. A RHQUEST FOR A VARIiCE OF SECTION 45.26 OF FRONT YARD SACK REQUIREMEDTr FROM 35 FEET TO 27 FEET TO PERMIT CONSTRUCTION OF A DWELLING 28 FEET 10 INCHES IN DEPTH AND NOT ENCROACH ON THE SEWER EASEMENT ON LOT 11, BLOCK 3, MARIAN HILLS ADDITION, THE SAME BEING 5171 LINCOLN STREET N.E., FRIDLEY, MINNESOTA. (REQUEST BY NELIN J. NEKORA, 1728 4TH STREET N.E. MINNEAPOLIS, MINNESOTA): The City Engineer said that the Board of Appeals had denied this request for waiver for construction of a house because of an unusual sewer easement. He said that this is a corner lot and the 20' sewer easement cuts through. Councilman Sheridan commented that this lot came before the Council once before. Councilman Harris asked if there was anything on this lot now. The City Engineer said that,it was vacant. There followed a discussion at the Council table while looking at the half section map. The result of the discussion was that possibly an alternate plan could be devised, such as moving the garage back further, or making a tuck - under garage. It was suggested by Councilman Liebl that this lot should be used either by trying to put a house on it, or the City using it, and he suggested that the City Engineer should talk to the applicant about alternate plans,',,11ich could be accommodated on this lot. REGULAR COUNCIL MEETING OF OCTOBER 7, 1968 PAGE 10 • • • sf • Jay: ' �._ •.; , "'; • ' • = 4T ��L � • �!• T � The City Engineer showed the Council the plans and explained the stipulations imposed by the Board of Appeals. He said that all the objections from the people in the area have been overcame. MOTION by Councilman Liebl to concur with the recommendation of the Board of Appeals. Seconded by Councilman Samuelson. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously. It was pointed out that they will come back with parking lot plans later. MOTION by Councilman Harris to receive the Minutes of the Board of Appeals Meeting of September 18, 1968. Seconded by Councilman Samuelson. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously. NOTION by Councilman Samuelson to concur and receive the Minutes of the Board of Appeals Meeting of October 2, 1968. Seconded by Councilman Liebl. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously. ; + 1 yT Y • • L� 1, • •r►.�_�.1 • � ••YIY �:. y .� •1 NOTION by Councilman Liebl to receive the Minutes of the Parks and Recreation Commission Meeting of September 23, 1968, and concur with their recommendation of naming "Siverts Lane". Seconded by Councilman Samuelson. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously. f •� ���� ��: `ice:����%3��-��..��':�.i.�ts�ie-�•i The City Attorney said that he requested that this be put on the Agenda because, as the Council will recall Mr. Chios permit and bond was extended through September. He said that ho -would like to get the Council approval on resolving this as he has been getting REGULAR COUNCIL MEETING OF DEC:EM%3ER 2, 1968 PAGE 2 Liebl read him the variances x _ .. ested and appi:uvac'A. Mayor Kirkham said that this discussion was out of order, and that the Minutes should be either approved or corrected. If there is an appeal in question, this is a separate action. Mr. Plum said that he would like to appeal. Mr. James Gibbs, representing the City Attorney's office, said that the appeal would not go through City channels, but rather through a District Court injunction. At the City level, the action has reached it's finality. Councilman Sheridan said that he assumed that all that could be appealed would be the variances, rather than the car wash. Mr. Gibbs said yes. The City Engineer added that the Building Standards - Design Control Subcommittee had recommended approval of the building permit for the car wash and superette and.the Council approved of this October 21, 1968, with some stipulations. Mr. H. W. Kubow, 6654 East River understanding that there were to Mayor Kirkham explained that the the river. Road said that it was his be multiple dwellings there. apartment house will be nearer THE VOTE upon the motion to approve the Minutes was a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously. ADOPTION OF AGENDA: MOTION by Councilman Harris to adopt the Agenda as presented. Seconded by Councilman Samuelson. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously. ORDINANCE #407 - AN ORDINANCE ADOPTING THE BUDGET FOR FISCAL REAR 1969-, MOTION by Councilman Harris to adopt Ordinance #407 on second reading, waive the reading, and order publication. Seconded by Councilman Samuelson. Upon a roll call vote, Kirkham, Liebl, Harris, Samuelson & Sheridan voting aye, Mayor Kirkham declared the motion carried unanimously. ORDINANCE #408 - AN ORDINANCE AMENDING SECTION 46.5 OF THE CITY CODE FOR THE PURPOSE OF PERMITTING NEOPRENE GASKETS ON SANITARY SEWER LINES• THE MINUTES OF THE REGULAR COUNCIL MEETING OF DECEMBER 2, 1968 Mayor Kirkham called the Regular Council Meeting of December 2, 968 to order at 8:17 P.M. PLEDG OF ALLEGIANCE: Mayor Kirkham, requested the audience to stand and join the Council in saying the Pledge of Allegiance to the Flag. INVOCATION• Reverend Gilbert Anderson of the Fridley Covenant Church gave the Invocation. ROLL CALL: MEMBERS PRESENT: 'r' m, Samuelson, Sheridan. Liebl, H ris MEMBERS ABSENT Non APPROVAL OF MINUTES OF THE REGULAR COUNCIL MEETING OF NOVEMBER 18, 1968: MOTION by Councilma� Sheridan to adopt the Minutes of the Meeting of November 18, 1968 as submitted. Seconded by Council- man Harris. Councilman Liebl,'said that he would likto question Item #3 on Page 8 of ti/e Council Minutes concerni g the car wash requested by Robert Schroer. He asked if is action is final, and if this sands as approved. He said that it was his under- standing that it was approved unless appealed by a surrounding property er. He said that he was not questi ing the Minutes, but whethek understood the action correctly. ouncilman Harris said that he was not at that Meeting, but h understanding was that if the Council Minutes are correct, then approval is final. Mayor Kirkham agreed. Councilman Liebl said that then he would like to request the Chair to recognize Mr. William Plum, 6652 East River Road, and read him the Minutes concerning the car wash. Councilman Liebl said that he had objected to this action, but that the City Attorney said that the Council has no other action it could take. Mr. Plum asked just what'was approved. Councilman REGULAR COUNCIL MEETING OF DECEMBER 2, 1968 PAGE 3 MOTION by Councilman Samuelson to adopt Ordinance #408 on second reading, waive reading, and order publication. Se- conded by Councilman Sheridan. Upon a roll call vote, Liebl, Sheridan, Kirkham, Harris, & Samuelson voting aye, Mayor Kirkham declared the motion carried unanimously. CONSIDERATION OF SPECIAL USE PERMIT FOR USED CAR LOT: (Requested by Mr. Ranko Schuur, at 5755 University Avenue. Board of Appeals Minutes October 30, 1968. Tabled by Council 11-4-68 and 11-18-68) Councilman Harris said that the 15 cars allowed by the Board of Appeals was a rather unrealistic number, and that he felt that if this special use permit would be granted by the Council, that the number of cars should be reduced. He asked the petitioner how much frontage ,r;;, there was ap or 8 cars would not be more in line with the available land. Mr. Schuur replied that there was 140' across the front of the pro- perty. The City Engineer said that Mr. Schuur is now using a portion of the frontage for storage of cars and his tow trucks. Mayor Kirkham asked where the loading and unloading of the taw trucks will take place. Mr. Schuur replied that it would be in the rear and all the loading and unloading would be in- side the building. Councilman Harris asked if the fencing was complete. Mr. Schuur said that it was completely around now. Councilman Sheridan said that this has been discussed before and his main concern is whether by granting this permit, it would not, in effect, be throwing the possibility open to every gas station to request the same type of operation. He said that the Council has an obligation to consider what it might do to the community as a whole by allowing any business to run a second business from the same location. He pointed out that there are already 2 or 3 used car lots on University Avenue. He said that there have been a number of service stations selling cars and this would fall under the use provided by special use permits. Councilman Harris asked Mr. Schuur if he ever bought used cars. Mr. Schuur said that occasionally he does buy used cars. Councilman Liebl said that he agreed with Councilman Sheridan, in that if this garage is granted a special use permit, then other garages will be in requesting the same privilege. Mr. Carl Paulson said that there are already 2 used car lots on University Avenue. He pointed out that there must be a place for test driving the cars and that these cars would have to be REGULAk CuUNCIL ME�TiriG OF DEc.r:MLr:R 2, 19c d YhGh 4 driven in and out of this lo+-, `'e said that Street goes through it would seem that these cars would have to be backed out onto the street. He said that he had no personal objection to Mr. Schuur's business, but that he did object to the test driving being done, of the used cars from the lots on University Avenue, going at high speeds at any time of the day or night. Councilman Harris agreed with Mr. Paulson that the backing of the cars out of they parking lot would create a problem, and this is why he suggested reducing the number of cars permitted. Councilman Samuelson asked about a setback from the corner: on 57th, to provide adequate visibility when turning. He said that by requesting a 20' setback, this would limit the number of cars to about 5. Mr. Schmedeke said that he would like to say in his defense that with every car that goes out of his lot for a test drive, he accompanies the customer, and there is no speeding or reckless driving. MOTION by Councilman Harris to change the number of cars allowed from 15 cars which the Board of Appeals stipulated to 8 cars. There was no second, therefore, Mayor Kirkham declared the MOTION DIED for lack of a second. Councilman Harris commented that this type of business would conform with gas station use. r- understood that they are allowed to sell no more than two cars. Mr. Gibbs said that if more than two cars are sold, it requires a license. Mr. Schuur said that he has a State license to operate, and noeded a City license and was told that first he had to obtain a special use permit. Mr. Schmedeke said that it was his belief that no filling stations had the right to sell 1�s+-' cars legally. MOTION by Councilman Samuelson to allow 6 cars maximum and leave adequate setback from 57th Place and 57th Avenue for visibility. Seconded by Councilman Harris. The City Engineer said that if the Council is contemplating approving this request, he would like to point out that that the Council has been requesting sidewalks in this area of other people, and also landscaping and bumper curbing. He also pointed out that as the Council has approved of the loopback on 4th Street, there would be a road easement required for turning at the corner of 57th Place to make the corner a little smoother. REGULAR COUNCIL MEETING OF DECEMBER 16, 1968 PAGE 24 MOTION by Councilman Samuelson to reaffirm Resolution #198-1968 adopted December 9, 1968. Seconded by Councilman Liebl. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously. MU. 9MOLD OHLSON: WELL ON 66th AVENUE (376 66th Avenue) Mrs. Ohlson said that they have no water and the plumber cannot get a permit without Council approval. She said that they are in dire need of water. Mayor Kirkham said that this would be a con- siderable investment and would hate to see them waste their money on a new pump, if the water line were to be run. Mrs. Ohlson said that her husband had worked all day yesterday and today, aid they are still without water. Mayor Kirkham suggested the possibil- ity of running a hose temporarily from a neighbors house until the results of the upcoming Public Hearing are known. Mrs. Ohlson said that she was afraid that Lhe water hose would freeze. Council- man Harris added ..hat this is 4-h-,, ond well ti. - run dry on this street and the people living on this street may be afraid that their wells will be running dry also, and want the water line. He said that the Public Hearing for this line is the 13th of Janu- ary. The City Engineer said that this is the only street in this neighborhood that does not have City water. Mrs. Ohlson said that they needed the water immediately and would like to have the permit for a well granted. MOTION by Councilman Samuelson to grant a permit for a well at 376 66th Avenue for Mr. and Mrs. Harold Ohlson. Seconded by Councilman Liebl. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously. RECESS: Mayor Kirkham declared a 5 minute recess at 9:30 P.M. \ CONSIDERATION OF ADDING SERVICE FACILITIES TO RECREATION BUILDING. �"/ REQUEST BY MAURICE FILISTER (GEORGETOWN APARTMENTS): Councilman Sheridan asked when this was added to the Agenda. The City JIanager said last Monday or Tuesday. Councilman Sheridan asked if any of the Administration has looked at the plans. The City Manager said that he had not seen the plans, but that he had looked at the site. Councilman Liebl asked the City Engineer if he had seen the plans. The City Engineer said that he had looked at them tonight and knows what he is proposing. Councilman Sheridan said that there are too many plans coming before the Council that have not been reviewed by the Administration first REGULAR COUNCIL MEETING OF DECEMBER 16, 1968 PAGE 23 MOTION by Councilman Harris to reaitirm Resolution #193-1968, adopted at the Meeting of December 9, 1968. Seconded by Council- man Samuelson. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously. gFA FIRMING RESOLUTION #194-1968 - RESOLUTION RECEIVING THE PRE- LIMEARY REPORT AND CALLING A PUBLIC HEARING ON THE MATTER OF THE CONSTRUCTION OF CERTAIN IMPROVEMENTS: STREET IMPROVEMENT PRWECT ST. 1969-1: MOTION by Councilman Samuelson to reaffirm Resoiution #194-1968, adopted December 9, 1968. Seconded by Councilman Liebl. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously. REAFFIRMING Rk;SOLUTION #195-1968 - RESOLUTION ORDERING PRELIMINARY PLANS, SPECIFICATIONS AND ESTIMATES OF THE COSTS THEREOF: STORM SEWER PROJECT #80• MOTION by Councilman Harris to reaffirm Resolution #195-1968 adopted December 9,1968. Seconded by Councilman Sheridan. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously. REAFFIRMING RESOLUTION #196-1968 - RESOLUTION RECEIVING THE PRE- LIMINARY REPORT AND CALLING A PUBLIC HEARING ON THE MATTER OF THE CONSTRUCTION OF CERTAIN IMPROVEMENTS: STORM SEWER PROJECT #80: MOTION by Councilman Harris to reaffirm Resolution #196-1968, adopted December 9, 1968. Seconded by Councilman Sheridan. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously. REAFFIRMING RESOLUTION #197-1968 - RESOLUTION ORD RI G PRELIMINARY PLANS, SPECIFICA^ ONS AND ESTTMArPES OF THE COST'S liiEXIEOF: WATER, SANITARY SEWER, AND STORM SEWER PROJECT #90 ADDENDUM #1: The City Engineer commnented that as there are two wells that have run dry on 66th Avenue, the people may now want the water line run. MOTION by Councilman Harris to reaffirm Resolution #197-1968, adopted December 9, 1968. Seconded by Councilman Liebl. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanim- ously.' REAFFIRMING RESOLUTION #198-1968 - RESOLUTION RECEIVING THE PRE LIMINARY REPORT AND CALLING A PUBLIC HEARING ON THE MATTER OF THE CONSTRUCTION OF CERTAIN IMPROVEMENTS: WATER, SANITARY SEWER AND STORM SEWER PROJECT #90 ADDENDUM #1: REGULAR,COUNCIL MEETING OF DECEMBER 16, 1968 PAGE 25 and that he would like some professional appraisal before the Council reviews the plans. MOTION by Councilman Sheridan to receive the plans, and refer these plans back to the Administration for their review and recommendations,; Seconded by Councilman Liebl. Mr. Filiater said that there is no major change. The proposal is to lower the back of the recreation building 3', put in a walk out basement and provide a beauty shop, barber shop and delicatessen. He asked that the Council look at the plans and if there are no problems, they could act on them, if there is some problem, it could be delayed, but he could see no reason for delay. Mayor Kirkham said that they might not need the comments of the Administration, if the change is this minor. THE VOTE upon the mocion, being a voice vote, Liebl and Sheridan voting aye, Kiri" m and SamuPj -nr -' ing nay, n'. .;�staininq , Mayor Kirkham declared the motion FAIL„&2. Mr. Filister then brought the plans forward to the Council table and explained that there would be no change in the recreation building, that this is a proposal to put small shops into the basement, and there would be none on the first floor. He said that this would make it 3 stories with a walk out basement, as the grade naturally goes down. He said that there would be pre -stressed concrete across the basement. The City Engineer pointed out that if the Council approves this, they must be explicit on what is allowed in this basement, being only a barber shop, beauty shop and delicatessen. He explained that if there were more there might be zoning problems, and there is the question of whether he will need a special use permit to have C-1 or C-2 in an R-3 District. Mr. Gibbs agreed and said that there may be a legal problem on whether it could be allowed in an R-3 zoning, without a special use permit. He said that the City Engineer thinks there may be a provision in the City Code to allow this if it is only for the people of the development, and not out- siders, but this is a legal question that will have to be checked. Councilman Sheridan said if this is approved by the Council they could allow the building permit, but occupancy would depend on whether a special use permit would be required or not. If it is required, it would have to go to the Board of Appeals. Mayor Kirkham commented that this problem bears out the prudence of the motion by Councilman Sheridan. Councilman Harris said that the City Attorney would research this and advise the Council of the necessary steps. Mr. Gibbs said that this would be done, and that he is not prepared to give an attorney's opinion at this time. ^� REGULAR COUNCIL MEETING OF DECEMBER 16, 1968 PAGE 26 Mr. Filister asked if the Council would be willing to grant a building permit for enlargement of the recreation building, and the Certificate of Occupancy could be obtained later after the legal staff checks this through. Mr. Gibbs said that if this is done that the motion should only be for enlargement of the recreation building and not include anything about the facilities. MOTION by Councilman Harris to grant Mr. Filister a building permit for enlargement of his recreation building, subject to Engineering review. Seconded by Councilman Sheridan. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously. Councilman Sheridan suggested that in the future the plans should be brought in to the Administration so that they would have a chance to review them and make a professional recommendation. MEDTRONICS FOUNDATION PERMIT: The City Engineer said that some preliminary plans have been sub- mitted for this development. He said that it would be located south of Norton Avenue down to the creek between Central Avenue and T.H. #65. He said that they are requesting a foundation permit at this time. He said that the first phase is for 100,000 square feet, and that there are plans for expansion to the east and west. He said that they have tentative elevations which sh aw brick or better. He said that the plans are not for approval by the Council at this time. He said that the building on the south will be two stories and one story in the front. He said that from the preliminary plans the development looks very good. He said that there were some traffic problems that would have to be re- solved as there would be more than 1500 cars and he would encourage them to put most of the traffic onto Central Avenue. There followed a discussion of traffic patterns at the Council table while looking at the plans. The representative from Medtronics said that he hoped to be able to come back with the final plans for Council approval within a month. He said that this plan is presented to the Council so that -they may have an idea of what they intend to build. He said that a site of this type would support about 10,000 people. Councilman Harris said that this looks like a very nice plan. The City Engineer said that he had talked to the contractor and they are anxious to get the grading done before the frost goes down too deep. He said that Medtronics will be bringing the final plans back later and in the meantime, he will work with the applicant. MOTION by Councilman Harris to grant the foundation permit subject to Engineering approval. seconded by Councilman Samuelson. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried. REGULAR COUNCIL MEETING OF JANUARY 6, 1969 PAGE 3 Seconded by Councilman Samuelson. Councilman Liebl asked about Item I. on Page 48 dealing with campaign signs, and asked why this was done. The City Attorney said that the reason was so that the City would have the assurance that these signs would be taken down. The City Engineer said that the Planning Commission had had lengthy discussions on this sub- ject, and the Planning Commission felt that these signs should come down after an election. This would give the City the assurance that if a candidate puts up signs, he would have to take them down again. Councilman Sheridan commented that he felt that the $25.00 deposit for putting up campaign signs was rather high. THE VOTE UPON THE MOTION, being a roll call vote, Samuelson, Sheridan, Kirkham, Liebl, and Harris voting aye, Mayor Kirkham declared the motion carried unanimously. MFJWRANDUM FROM LEGAL DEPARTMENT REGARDING SERVICE FACILITIES FOR GEORGETOWN APARTMENTS- The City Engineer said that Mr. Filister had already been given the information, that permission was granted, so no other action was necessary. Councilman Liebl asked then, if Mr. Filister would still need a license. The City Attorney said that he would. MOTION by Councilmam Sheridan to receive the communication from James Gibbs, representing the City Attorney dated December 18, 1968. Seconded by Councilman Liebl. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously. RECEIVING COMMUNICATION FROM DORSEY, MAR,QUART,WINDHQRST, WEST AND HALLADAY IN REGARD TO IMPROVEMENT OF 73RD AVENUE (ONAN COMPANY) AND DISCUSSION OF RESOLUTIONS REQUESTING ANOKA AND RAMSEY COUNTIES FOR IMPROVEMENT• Councilman Harris said that he had received this letter, dated December 16, 1968 regarding the upgrading of 73rd Avenue to both the east and the west. Mr. Larry Griffith, of Dorsey, Marquart, et al, said that they were very happy with the upgrading of 73rd Avenue in front of the Onan Plant and now would like to see the rest of 73rd Avenue from East River Road to T.H. #10 upgraded. He said that he was also hope- ful of a semaphore at 73rd Avenue and T.H. #65. He said that he understood that this was der --rodent on the traffic counts and pre- viously they had estimated about 750 cars from Onan, but now it would seem more like 900 czars. REGULAR COUNCIL MEETING OF JANUARY 6, 1969 PAGE 4 Councilman Harris said that work has been in progress, and that he, the City Engineer and the City Manager had met with Anoka County, but the difficulties have not been resolved as yet. He said that the possibility of extending all the way to East River Road was denied by the Public Service Commission. He said that he had asked that the Administration draw up these two resolutions and that the City would continue to work on 73rd Avenue between Central and T. H. #65 with Anoka County. Mr. Griffith asked if the Council adopted these resolutions, what would be the likelihood of getting the easterly extension. Councilman Harris said that it would seem to him that the proper procedure would be for him to send a letter asking that he be given a chance to appear on their Agenda. Councilman Sheridan said that the City of Fridley has always had a good relationship with Mounds View, and he felt that the letter should go to Mounds View, rather than to the Ramsey County Com- missioners. He said that he felt that by Mounds View approaching the Ramsey County Commissioners, it would carry more weight. He also suggested reworking the resolution, so as to emphasize the benefits of a thoroughfare from T. H. #47 to T. H. #10. Councilman Harris agreed with Councilman Sheridan's thinking that the resolution to Ramsey County should be reworked. The City Engineer said that the City has already requested that Anoka County take over the stretch between Central Avenue and T.H. #65 as a County road. It is hoped that this will be done in 1969. He said that the request for the semaphore has already been made to the Minnesota Highway Department, but there will have to be traffic counts made at that intersection before any decision will be made. He pointed out that the City also makes it's own traffic counts, and if the counts are up, it will help with the request. RESOLUTION #1-1969 - RESOLUTION REQUESTING ANOKA COUNTY COMMISSIONERS TO DESIGNATE 73RD AVENUE AS A COUNTY ROAD AND IMPROVE IT: MOTION by Councilman Harris to adopt Resolution #1-1969. Seconded by Councilman Sheridan. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously. RESQLUTION #2-1969 - A RESOLUTION TO THE VILLAGE OF MOUNDS VIEW TO REQUEST HELP FROM THE RAMSEY COUNTY COMMISSIONERS -M UPGRADE COUNTY ROAD H2 FROM COtJN'i'Y' S WEST BOUNDARY LINE TO TRUNK HIGHWAY NO. 10: MOTION by Councilman Harris to adopt Resolution #2-1969. Seconded by Councilman Sheridan. Upon a voice vol -3, all voting aye, Mayor Kirkham declared the motion carried unanimously. REGULAR COUNCIL MEETING OF AUGUST 4, 1969 PAGE 23 RESOLUTION #140-1969 - RESOLUTION DIRECTING PREPARATION OF ASSESSMENT ROLL, FOR WATER IMPROVEMENT PROJECT #92: MOTION by Councilman Samuelson to adopt Resolution #140-1969. Seconded by Councilman Liebl. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried. RESOLUTION #141-1969 - RESOLUTION DIRECTING PUBLICATION OF HEARING ON PRO- POSED ASSESSMENT ROLL FOR WATER IMPROVEMENT PROJECT #92: MOTION by Councilman Samuelson to adopt Resolution #141-1969. Seconded by Councilman Liebl. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried. COMMUNICATIONS: A. MR. & MRS. F. SHIMEK: PROBLEMS BECAUSE OF DIKE MOTION by Councilman Liebl to receive the communication from Mr. & Mrs. F. Shimek, 7901 Riverview Terrace dated July 17, 1969. Seconded by Councilman Samuelson. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried. B. CHARLOTTE GAMMEL & IRENE GALE PLANK: REQUESTING IMPROVEMENT OF DIKE MOTION by Councilman Liebl to receive the communication from Charlotte Gammel and Irene Plank, fee owners of Lots 27 & 28, Block Q, Riverview Heights, undated, in the August 4, 1969 Agenda. Seconded by Councilman Samuelson. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried. C. MEMO TO CITY COUNCIL: APPROVAL OF COMMUNICATION REGARDING POLICE CARS MOTION by Councilman Liebl to receive the memorandum from the City Manager dated July 30, 1969 and related material, and authorize his signature on the letter to Commissioner N.T. Waldor, Department of Highways, dated August 5, 1969. Seconded by Councilman Sheridan. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried. n D. PETITION #36-1969 - OPPOSING EXTENSION OF RIVERVIEW TERRACE TO SOUTH "'4� RIVER'EDGE WAY Petition #36-1969 was received while discussing this item earlier in the Meeting. E. MASLON, KAPLAN, ET AL: MR. FILISTER'S REGISTERED LAND SURVEY I APPROVAL REQUEST Councilman Samuelson asked what type of negotiations the Administration has had with Mr. Filister. The City Engineer said that his requested Registered Land Survey was put on a Special Council Meeting and approval was granted provided he dedicate the needed land. He said that he felt that the City has cooperated with him. Councilman Liebl asked if Mr. Filister has contacted .the City repeatedly as the letter indicates. The City Engineer said that Mr. Filister has talked to the City Manager, and that it seemed to him that rather, Mr. Filister does not want to cooperate with the City. Councilman REGULAR COUNCIL MEETING OF AUGUST 4, 1969 PAGE 24 Sheridan said that he has never approved of Registered Land Surveys anyhow. The City Manager said that he has not answered this letter, as he had talked to him previously and Mr. Filister indicated no willingness to cooperate. MOTION by Councilman Samuelson to receive the communication from Maslon, Kaplan et al dated July 17, 1969. The motion was seconded and upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried. F. SUBURBAN ENGINEERING: CORRECTIVE WORK ON ST. 1968-1B The City Engineer said that this letter is concerning various problems, including the one on 75th Avenue that Mr. Lind had complained of during the Visitors portion of the Meeting. The City now has something in black and white, that they will take corrective action, before this there have only been verbal promises. MOTION by Councilman Samuelson to receive the letter from Suburban Engineering dated July 28, 1969, and withhold any further payment on the project until the corrective action is accomplished. Seconded by Councilman Liebl. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried. G. COPY OF MEMO TO CITY ATTORNEY: MRS. STRUB PROPERTY IN RIVERVIEW HEIGHTS Mayor Kirkham said that he would concur with the purchase of the land. The City Manager said that he had gone down to see Mr. Shimek, who lives on the corner of 79th Way and Riverview Terrace and he was more receptive to the idea if Mrs. Strub's property was obtained to enable the dike to be placed further away from his house along the creek and he would not be boxed in. MOTION by Councilman Sheridan to receive the communication from the City Manager to the City Attorney dated July 23, 1969, and authorize the City Manager and Mayor Kirkham to sign a purchase agreement for $2,000 for the purchase of Lots 10, 11, 12, & 13, Block Z, Riverview Heights Addition and pick up the currently due taxes, with a down payment of $500 and the balance due in 1970, and to make provisions in the budget for this expenditure. Seconded by Councilman Samuelson. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried. H. SOKOLOWSKI AND PETERSON: ROADWAY FOR 1641 GARDENA AVENUE NE The City Attorney reported that he had received this letter with an easement for the granting of an easement to the City of Fridley so that this property can have public access. He said that he indicated to them that the City of Fridley probably would not put in an improved street or maintain it as it does not provide the adequate right of way, but at least she would have public access. Councilman Samuelson said that in the future, additional land might be obtained for right of way, so that the road could be improved. MOTION by Councilman Samuelson to receive the communication from Sokolowski and Peterson, Attorneys at Law dated July 24, 1969, and instruct the City Attorney to write a letter to Lorraine Winkler advising her that she will have public access, but the City will not improve or maintain the road. The motion was seconded and upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried. %1' REGULAR COUNCIL MEETING OF NOVEMBER 3, 1969 PAGE 6 vote against it. He said that he could see this type of questionnaire fostering racism and bigotry. He said that he has entertained other races in his home and he had a feeling that they would agree with him. Council- man Liebl agreed also that the questionnaire should include all minorities. He said that he did not see that this type of questionnaire would stir up any racism. A Representative of the League of Women Voters said that as they looked at the questionnaire, they had much the same feeling as the consensus of the Council. They felt that there should be more romm for comments, and that there should be a cover letter go out with it telling what the Human Relations intends doing with the information. She also felt that there should not be any signatures requested. Mrs. Richard Pratt, 811 Rice Creek Terrace, said that the churches in Roseville and New Brighton sent out this type of a questionnaire and she did not think it aroused any strong feelings. She said that she would agree that the word "minority" should be used, and added that she understood that the schools are also interested in this questionnaire. MOTION by Councilman Harris,to table consideration of this questionnaire and bring it back after the Human Relations Committee has met again. Seconded by Councilman Samuelson. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously. r CONSIDERATION OF REGISTERED LAND SURVEY, GEORGETOWN APARTMENT AREA, MR. I MAURICE FILISTER: The City Attorney introducted Mr. Sam Caplan, Attorney for Mr. Filister and said that Mr. Caplan, Mr. Filister, the City Manager and himself had had a meeting some time ago regarding the registered land survey and the traffic pattern. Mr. Caplan would like to request that the registered land survey be considered as a separate item from the dedication of the land for the roadway. Mr. Caplan said that Mr. Filister purchased the land as one integrated piece of land. The financing of it made it necessary to develop and finance it in three separate phases. For the mortgage implementation it is necessary that it be split up into three separate units. The registered land survey was requested for this reason. The City Engineer then wanted Mr. Filister to dedicate a street to this property. The registered land survey approval was made contingent upon the street dedication. It is questionable whether or not the Council's approval is necessary and it came about only because the Attorney General has stated that a Council should act on every redes- cription of land. A semaphore should be installed at this intersection without any other cars coming into the intersection. He said that this is their belief, but they are not sure, and neither is the City Engineer, therefore his suggestion would be to have an independent study made and both parties agree to accede to the determination of an impartial third party on the determination of the traffic pattern. If it is found that the road is needed and will not impair the Georgetown development in any way, they will make the dedication. He pointed out that the City is always in a position to condemn the land. The only question is whether they voluntarily dedicate the land and if the study shows that they should, they are willing to do so. RLGULAR COUN�,IL 4EETING OF NOVEMBER 3, 1969 PAGE 5 .y RESOLUTION #194-1969 - RESOLUTION ORDERING IMPROVEMENT AND FINAL PLANS AND SPECIFICATIONS AND ESTIMATES OF THE COSTS THEREOF: STREET IMPROVE- MENT PROJECT ST. 1970-4: MOTION by Councilman Harris to adopt Resolution #194-1969. Seconded by Councilman Liebl. Upon a voice vote, Liebl, Harris, Sheridan and Kirkham voting aye, Samuelson voting nay, Mayor Kirkham declared the motion carried. DISCUSSION REGARDING TWO HOUR PARKING LIMIT ON FIRESIDE DRIVE: The City Engineer pointed out that the Chief of Police has reviewed this and checked with the owner of the trailer court. The memorandum from him on Page 33 of the Agenda indicates that the general feeling of the people is that they want it as it is now. MOTION by Councilman Harris to receive the communication from the people on Fireside Drive dated October 17, 1969 and the memorandum from the Chief of Police dated October 29, 1969 and concur with the City Engineer and the Chief of Police. Seconded by Councilman Samuelson. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously. CONSIDERATION OF HUMAN RELATIONS QUESTIONNAIRE: The Finance Director stated that there was about $100 in the budget that could be used for the mailing out of the questionnaire. Councilman Samuelson commented that going by the sample costs, this would leave them about $275 short. Councilman Harris suggested that it be sent out with the meter reading cards. The cards could be in an envelope along with the questionnaire. The Finance Director said that this would take some time as the water billing is done by districts, and there are about 5800 water users. Councilman Sheridan said that it seemed to him that it would cost less to use a separate mailing. The letters would not have to be stuffed, just folded and a label attached, and the bulk mailing rate used. Councilman Sheridan said that the cost of the wages could be eliminated by using organizations to do the work. The League of Women Voters he thought would be willing to help with this cause. A Representative of the Human Relations said that the committee would also be willing to help with the mailing. Mayor Kirkham asked what would be done with the replies. The Representative said that the findings would be inter- preted and a determination would be made on what is the most needed in this community. Mayor Kirkham said that he would like to think that the City of Fridley has the welcome mat out to anyone who wishes to move into the City, regardless of race. He felt that it would be almost impossible to answer some of the questions with a definite yes or no. He wondered if this would not stir up a lot of heated comments. The Representative said that their committee is trying to establish a program and without any specifics it is hard to relate their work. He said granted the questionnaire could be interpreted many ways. Councilman Sheridan said that he would agree with Mayor Kirkham, and that there is too much reference. to "Negro" and should be changed to "minority". The Representative said that it is subject to revision. He pointed out that if a questionnaire is made too nebulous, you do not get a clear cut answer. If a citizen cared to qualify an answer, they are wel- come to do so. Councilmen Harris and Samuelson agreed that a definite answer yes or no would be difficult. Mayor Kirkham said that he would like to see it reworked before sending it out. He said that he would like to meet with the committee at their next meeting. As it is now he would have to REGULAR COUNCIL MEETING OF NOVEMBER 3, 1969 PAGE 7 Councilman Harris said that somewhere along the line it must be in writing that Mr, Filister will agree to dedicate the land if it is found to be in the best interest of the City. Mr. Caplan said that the question should be if the intersection can reasonably take the influx of additional traffic. The City Engineer said that they feel that there should be two signals, one at 592 Avenue and one at the Georgetown entrance. The question should be whether there should be two signals, or only one and where it should be located. If it is shown that there is a need for two, there would be no need of the dedication. Councilman Sheridan pointed out that the City and County have been trying to eliminate left hand turns. If the signal went in at 592 Avenue there would have to also be some type of service road. Mr. Caplan said that this is what they wanted in the first place, but it cannot be done because of the apartment houses in the way. Councilman Sheridan pointed out that another consideration should be how far from I. 694 the signalization would be. He said that speaking for himself, he has always objected to registered land surveys. There is no provision for any dedi- cation of land for public use as there is in a plat. Councilman Liebl asked if there would be any difficulty in having the separate owners of the different blocks in the future in getting right of way. Each block is owned by a different mortgage company. The City Attorney asked if this would affect more than one parcel. Mr. Caplan said two, but the fee owner is the same. The City Attorney said that if the ownership was to be in the hands of someone other than Mr. Filister, an agreement was made, but Mr. Filister was no longer the fee holder of all the parcels, then the agreement would not be binding. The City Engineer said that the signalization at the I. 694 ramp and East River Road should be ready to go in in the middle of the next year. The intersection of the Georgetown apartments would not be the ideal location because of the proximity of I. 694, There is now a study being made on East River Road from I. 694 to Rice Creek on the traffic patterns by a traffic consultant firm for the County. The City Attorney said that the concern of Mr. Filister is that the traffic generated may be more than the signal would be able to handle. There may be a concentration at certain times of the day. He said that the idea of the third party determination is not a bad idea. The movement, concentration, and number should be factors to be weighed. Councilman Harris said that if the Council should see fit to approve the registered land survey, then the Administration should set forth some sort of criteria for Mr. Filister, and he should have to live up to it, depending on the outcome of the studies. The City .Engineer pointed out that the Minutes of the conversation are in the Agenda, and since that time Mr. Filister has built the garages and they were not built according to the plans submitted. Mr. Caplan said the reason for this -was because at the time the comment was made that the City could always condemn, and rather than lose an expensive building, the garages were moved on his advice. The City Attorney said that as Mr. Caplan has promised to abide by the decision of an independent third party, he did not feel that an agreement 1 REGULAR COUNCIL MEETING OF NOVEMBER 3, 1969 PAGE 8 i would be necessary. He said that perhaps the consultant the County is using would be adequate. Mr. Caplan said in regard to the street, he would be willing to sit down with the City Manager and the City Attorney, and after the traffic study is made, the options will be evident and they will abide by the determination. Councilman Sheridan asked the City Attorney if he ever got any comments from the Registrar of Deeds concerning registered land surveys. The City Attorney said that he had talked to the Registrar of Titles and they take the position that they will not act on a registered land survey until the Council passes on them. He is satisfied with this registered land survey, but will not act until the Council does. Councilman Sheridan said that it has been the policy of the Council to require platting and he considered registered land surveys as a way around dedicating land for public use. MOTION by Councilman Harris to approve the registered land survey and ask the Administration and the Filister people to agree upon the guidelines for the independent study of the area and the determination of the report will be the basis for action. Seconded by Councilman Samuelson. Upon a roll call vote, Liebl, Harris, Samuelson and Kirkham voting aye, Sheridan voting nay, Mayor Kirkham declared the motion carried. CONSIDERATION OF REQUEST FOR DWELLING ON LOTS 3, 4, AND 5, BLOCK 5, CITY VIEW ADDITION: The City Engineer explained that this is the same land that was discussed at the last meeting when a double bungalow was contemplated. This is a 120' X 140' parcel, and they would like to put a house along with a large garage on the land. Mr. Leslie Tranby is a roofer by trade and would liek to have the garage to store his truck and materials in, rather than renting a garage somewhere else. They would like to know if they will have any trouble getting a building permit before they purchase the lots, They would be building a large home with an attached garage with the detached garage in the rear. Mr. Tranby said that he planned on putting in a concrete driveway. His truck is 12 tons. The attached garage would be to the east, and the entrance to the detached garage would be off 57th Avenue. It would be 121 to 2' higher than a normal garage. Councilman Harris asked if there would be any de- liveries by semi. Mr. Tranby said perhaps four times a year there would be shingles delivered. Councilman Samuelson commented that this would be more like a warehouse and in that case you are talking about M-1 zoning. Mr. Tranby said that this would be for storage only and there would be no work done from his home. The garage is planned to be about 30' X 401. Mr. Carl Paulson asked if this is permissible. The City Attorney said yes, if there is no visible signs of home occupation; it must appear as a home. There must not be any scraps visible. Mr. Paulson wondered if there would not be objections from the people in the area if they knew what was being con- templated. He said that he could not see where this would be compatible with a residential neighborhood. The City Attorney asked if he felt that this would be less desirable than a duplex. It is zoned R-2 now. Mr. Paulson said that he felt that this would be a downgrading situation, and would not be good for the neighborhood. He pointed out that there are garages available REGULAR COUNCIL MEETING OF FEBRUARY 1, 1971• PAGE 3 DISCUSSION REGARDING REVISIONS TO SAFETY AND.ROAD IMPROVEMENTS -OP EAST RIVEk ROAD AND OTHER ROADS IN THE AREA - PROJECT ST. 1971-3: The City Engineer said that on, Pages 3 and 4 of the Council Agenda are the items he has been able to negotiate with the County Engineer and the County Road and Bridge Subcommittee. He then showed the area on the screen and explained each item. The total cost of the project is estimates at $939,161. Since that time the application has been made to the Federal Government and approved for T.O.P.I.C.S. monies and with the increased cost participation by the County, the total cost to the City would be about $100,000, or 108 of the overall cost. He felt that this plan was a considerable improvement over the osiginal.proposal. Fridley would be participatingin the cost of traffic signals, drainage.and lighting. The rest is proposed to be.borne by County and Federal funds. Councilman Harris asked if #1, the road connecting Rivers Edge Way to 62nd Way was considered at the last hearing. The City Engineer said no, it was removed before the Public Hearing. There are no sidewalks proposed for East River Road as the traffic volume is very heavy. The pedestrian traffic is to be on the back roads going to the school. The proposal is to get access from Rivers Edge Way to the school by installing sidewalks to provide for the pedestrian traffic. Councilman Harris said that part of the original proposal was the improvement of the roads east of East River Road. The City Engineer said that they were pre- sented to give the people a chance to have their improvements made when the equipment is in the area and the costs would be less. The people felt that there should be a rezoning study started in Fridley Park. Councilman Harris asked if, by the County paying for installing the pavement for Ashton Avenue, there would be any problems. Would the road be placed as (,lose as possible to the railroad tracks? The City Engineer said that there would be long narrow lots between Ashton Avenue and the railroad tracks. The land east of Ashton is all railroad property. Councilman Harris said that it would be planned for industrial use, and would be a nine ton road. Councilman Kelshaw asked what was the purpose of upgrading Ashton now. The City Engineer explained that by putting in the median in Ea -sI niver ILoad the people would be cut off from making left turns onto East River Road except at signals. They now have a paved access to East River Road and he was able to convince the County that if a paved access is taken away, there should be one to replace it. The people would have to go down Ashton Avenue to get -to the signal to turn left. Councilman Kelshaw asked if this would be considered safer for the school children. The City Engineer said yes, as sidewalks along East River Road which carries a large volume of traffic would be more dangerous. This road could be used by the school children.. The volume of traffic would be low. There are no sidewalks proposed for Ashton. Councilman Harris asked if the County has agreed to build Ashton in lieu of putting in a service road just east of East River Road. The City Engineer -said that there were three Commissioners present at the Road and Bridge Committee meeting, and they agreed to put in the paved roadway along Ashton, although they did not discuss a service road as such. Mr. George Danielson, 6305 East River Roa(i, said that 90'3 of tiie people are opposed to the improvement of East River Road. He suggested that the Council- men read an article in the Readers Digest to see just whatthey are doing. He said that he was sure that rather than trade in Fridley, he would go to V / SPECIAL PUBLIC HEARING MEETING OF FEBRUARY 8, 1971 PAGE 8 sure that the people are not hurt. He said that he would take another look at the area. Mr. Bigelow pointed out that the petition has been approved by about 90% of the property owners. Councilman Breider asked if Lot 32 was one solid lot. The City Engineer said yes, and the Sit is R-3 and the NJ% is residential. There is a proposal to split,it east and west, then it would be served by the north - south road on the east side of Lot 32. Lot 4 has enough area -to make four lots, except that there is already a house on Onondaga. If the property owners want to get together and develop the area, it could be done. Councilman Breider asked how Lots 7, 8, 9, and 10 could be served. The City Engineer said that they could be split north and south, then served by the mid -block cul-de-sac if the people wish. Cbuncilman Breider said that he believed Mr. Bader mentioned building a hose on the north end of Lot 4. He asked if he would be petitioning to put the street in. Mr. Bader said that if the street went in, fine. MOTION by Councilman Breider to close the Public Hearing on the rezoning request ZOA #70-06 by Sid Bader. Seconded by Councilman Kelshaw. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried and the hearing closed at 9:10 P.M. PUBLIC HEARING::, VACATION SAV #70-05., BY JAROSLAW ABRAMSHUK, A PARTIAL VACATION OF THE UTILITY EASEMENT ON LOT 1, BLOCK 5, RICE CREEK PLAZA SOUTH: The City Engineer said that on Page 18 of the Council Agenda is a Certificate of Survey showing the lot. The garage is already built and now the gentleman is requesting vacation of 7' of the -easement. There are letters from Northwestern Bell Telephone Company and Northern States Power Company indicating that they do not object to the vacation. The City has no need for this easement, and the Planning Commission recommended approval of the request. MOTION by Councilman Liebl to receive the communication from Northern States Power Company dated December 8, 1970 and from Northwestern Bell Telephone Company dated December 8, 1970. Seconded by Councilman Kelshaw. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried. The City Engineer commented that Mr. Abramshuk was very appologetic to the City for notfollowingthe proper procedure. nti''ROTION by Councilman Liebl to close the Public Hearing on the .vacation request SAV #70-05 by Jaroslaw Abramshuk. Seconded..by Councilman Kelshaw. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried and the hearing closed at 9:12 P.M. INFORMAL PUBLIC HEARING REGARDING REVISED SAFETY.AND ROAD IMPROVEMENTS OF EAST RIVER ROAD AND OTHER ROADS IN THE AREA: (STREET IMPROVEMENT PROJECT ST. 1971-3) Mayor Kirkham said that this road has been the concern of the City Council, law enforcement agencies, and the County Board for many years. They have been trying to come up with a solution to the safety hazards. He asked the City Engineer to give a summary of what has occurred over the years. SPECIAL PUBLIC HEARING MEETING OF FEBRUARY 81. 1971 PAGE 7 Councilman Liebl asked what.was.the price range of the homes in that area. Mr. Marxen said about $24,000. Councilman Liebl asked what type of home was on the west side. Mr. Marxen said there was one home on Lot 4- He added that if he was the owner of Lot 4 and was able to put a building on it, he would walk away from it. The City Engineer said that the area to the west has been worked out with the Council and there are to be some residential lots on Onondaga. The proposal, is to extend the north - south road on the east side of Lot 32 down to the middle of the block. Mr. Bader has gone to the abutting property owners and gotten their comments. If Mr. Marxen wants to develop his property, he would suggest a meeting with the property owners. Mr. Sid Bader came forward and presented his plans at the Council table. He said that the driveway is proposed on the west side of the building. He said that this was recommended by the Planning Commission. There is to be a berm and landscaping on the other side. There is also a street easement to be given at the north end of where the R-3 will be. He said that he owns 1441 73rd Avenue which is an apartment complex and it has rented very well. He would now like to get the south It of Lot 4 rezoned. Councilman Liebl said that Mr. Bader is trying to build a 24 unit complex and questioned if he met all the area requirements. The City Engineer explained that he is not asking for a building permit at this time and before he does, he will have to meet the requirements. Mr. Bader said that if he builds 23 units, he will have 23 garages. Councilman Liebl asked what was the investment per unit. Mr. Bader said approximately $16,000 per unit.' Mr. Drumm, 1641 73rd Avenue N.E., said that he has the adjacent property to the east. He said he would like to know when something like this goes into an area, what affect does it have on the resale of his home. He said that in his work he is subject to transfer, and added that his home is for sale now for $21,900. The City Assessor said that it was not very likely to affect the sale of his property in this price range. When homes get into the $30,000 and up price range there may be some ill affect on selling the home. Councilman Kelshaw asked how much the units would .rent for. Mr. Bader said that a two bedroom would be $200 - $210 with garage. Mrs. Drumm asked how many children are estimated for the building. Mr. Bader said that he did not know, but that he did not have any more than six children in the eight unit apartment building near there. Mr. Bob Bigelow, 6322 Bass Lake Road, Minneapolis, said that as far as the value goes in this area, by nature it will have to increase. There is a little shack on,the lot now and he did not see how building a nice apartment complex could do anything but enhance the area. 1 Mr. Drumm said that having 24 families next door.rather than one sometimes makes people want to sell their home. Councilman Liebl said that there are quite often problems in having R-1 and R-3 in the same area. Lakeside Road ;would make a natural boundary for the multiple units, and could form a buf€er. He said that he did recognize the fact that the apartment complex on 73rd Avenue is very nice and of high quality, but he would want to make SPECIAL PUBLIC HEARING MEETING OF FEBRUARY 8, 1971 PAGE 9 The City Engineer said that the..City.and the County have,been.concsrned.with the record of deaths on this roadway-over,the.last years. In the last four years there has been a study for improved safety and there have been many proposals presented. Two years ago the City made a report on the basic problems and the traffic flow on this .roadway. About six months ago the County presented a plan to the City to improve the roadway taking into con- sideration the safety and general improvement of the area. As was indicated earlier, the sgction of highway between I. 694 and Rice Creek has had a considerable number of deaths. Since 1963 there have been 24 deaths in. the City and 12 were deaths on East River Road and six of these were in the area where the proposed improvement is to go. This section is 1.3 miles and has a high percentage of fatalities in relation to the actual mileage,of .r.oa y. This is 20 - 30 times more dangerous. He then showed on the overhead projector a breakdown of the causes of the deaths. From January through December there were 60.accidents on.East.River.Road. There are about 20,000 cars average daily traffic north of I. 694. He then shored -a traffic pattern map on the projector, and said that the traffic counts were taken using Minnesota Highway Department procedures. He then showed the projected figures for 1975, and said that.T.H. #65 was mostly used for through traffic and T.H. #47 and East River Road was more local traffic. He then showed the projected pins for bringing in Z. 94 into I. 694 and said that when the north corridor drains into the south, it will put additional pressure on the highways. The plan as originally proposed has been considerably modified. In the future because there is.no.freeway system going.north and south, these highways will be clogged'at peak hours. The proposal was to see how to make East River Road safer for the local residents that use East River Road. Since the original plan was presented, he said that he has talked to the County Engineer, the Consultant and the County Road and Bridge Sub- committee to make the plan more palatable and try to use the comments made by the local residents. In the Agenda there is a list of 14 items that represent the changes from the original plan. These modifications he felt were to the benefitofthe adjacent property owners. Any improvement would be a step in the right direction, such as, signals would be one step, the median another and the turning lanes would be another. He then explained the changes one by one asoutlinedon Page 25 and .26 of the Council Agenda. The total share Fridley would pay is about $100,000, or about � of what was originally talked about.with the County. There would be no assessment for the service roads, the only assessment would be for the drainage. The cost of the signal would be picked up by general funds. Mr. Richard Brown, 6103 East River Road, said that he was right on the corner where the signal would come in. There have been many changes from the original plan but it seems that the City is determined to spend the money. He did not feel that the money had.to be spent. The proposal takes about of his front yard and he was not in favor of that. All the arguments have been heard and the people have stated their opposition and he has yet to hear anyone except the City Engineer speak in favor of the proposal. He said that all the people understand the issue and feel that the. Council should take a stand. He said that he would like to.know how the Council felt. A lady in the audience wondered if there was any intention to work on the rest of East River Road on north. The City Engineer explained that there are studies for the improvement of all of East River Road but it is a matter of money. Funds are not available for all the project, so this section was chosen to do first as it was felt that it was the worst. c'� SPECIAL PUBLIC HEARING MEETING OF FEBRUARY 8, 1971 PAGE 10 Mr. Kenny Mix said that he had the Mico Independent Oil Company at 6500 Mississippi Street. He said that he has discussed this proposal with the City Manager, and wants to spend money for remodeling. He would like to know the number of accidents at the intersection of Mississippi and East River Road. He said that he kept a record of accidents that happen going in and out of his driveway. There were only four fender benders going from Mississippi onto East River Road. He said that he has worked on extending his islands and since that time he has met with Bather and Associates and the County Engineer and he wondered when they would be getting back to him in regard to what was going to happen with that corner. He said that he was Willing to cooperate. He said that he was the second largest contributor of automobile tax in the City of Fridley. He explained that he had tried to relocate and found himself in the same situation as he is in here. There were proposed alteration of the roadway there also. He would like to stay where he is as he enjoys his position in the City. He said that they do not contribute to the traffic hazard on this corner. He said that he would like to see something definite done as he would like to remodel. Mayor Kirkham told him in regard to the accidents at that corner, that the accident reports are taken from the police files. Mr. Gerald Kantor, 6220 East River Road asked that the map be put back on the screen showing the study area. He said in the last two years there have been no deaths and since that time there has been the addition of the stop light at the school., and the decrease of the speed limit from 45 MPH to 40 MPH, In 1967 there were three deaths at the curve in the road. That is the biggest problem; the road should not be so winding. He said that he could see no sense in the proposed improvement. The traffic signal at the school is now working all the time, and the speed has decreased. He said that he has heard of no accidents in the past year. As far as the divider is concerned he could not see how this would help. The City Engineer said without a doubt every step toward improvement of East River Road is a step in the right direction. He pointed out that there was a total of 10 signals proposed for East River Road and showed the locations on the screen. He said that the traffic will be there whether there is any improvement or not. It is hoped that the improvement will reduce the number of accidents on this roadway. It is a matter of probability; the number of accidents is reduced with improvements and pointed to T.H. #47 as an example. Even with more traffic, with the use of signals, median and left turns there are less accidents. This improvement is basically to help people living on East River Road to get on and off the roadway safely. He pointed out again that the City share has been reduced considerably. If just the Mississippi Street intersection were to be improved with signals the cost would be pretty close to Fridley's share in the whole improvement. The plan hopes to get proper drainage and access on the back streets for pedestrian traffic rather than walking on East River Road. This plan is considerably modified from what was originally proposed by the County using the input of the residents. The County has now been convinced that they should pay for the major share of the improvements. The reason the County would be paying for the paving of Ashton .avenue is that by putting in the median, it takes a paved access away from the people, so the County agreed that a paved access must be provided to them if one is taken away. He pointed out that more than 50% of the people involved in accidents on East River Road are Fridley L people. There has never been a proposed project with so much discussion with SPECIAL PUBLIC HEARING MEETING OF FEBRUARY 8, 1971 PAGE 11 the property owners. He was sure that they could not please everybody, but the inconveniences to a few must be weighed against the benefit to the many. The divider would divide the north flow of traffic from the -south flow and also would help eliminate almost 50% of the turning and yield accidents. Mr. Kantor said that there was a divided highway south of I. 694, yet there were two deaths. The City Engineer said that without a doubt there will still be accidents, but the probability would be reduced. Mrs. Hasher, Executive Secretary for Georgetown Court Apartments, asked the City Engineer to put the map on the screen that shows the Georgetown Apartment service road. The City Engineer did so, and explained that this plan is exactly what Mr. M. Filister wanted. There is about 12' between the .existing road and the garages and the proposal is to move the road east and further away from the garages. Sbam:then asked how the turns would be accomplished and the City Engineer said that right turns would be the same as it is naw and the left turns would be made at the signal. She asked if coming from the property and going north, would there be a left turn signal and the City Engineer said yes. Mr. Mix asked if a determination.has been made to widen Mississippi Street to four lanes. The City Engineer said yes, they have been working with the railroad and the County for the section between Eastzjtiver`--Road and 2nd Street to be the same as between 2nd Street and T.H. #47. The railroad has now agreed that they would not oppose the City in putting in the underpass and that they would participate in the construction of the underpass. It is now a matter of getting funds and preparing plans. It would be four lanes going to Mississippi. Mr. Mix asked if there were any plans going west of East River Road on Mississippi. The City Engineer said that his property would be taken as the proposal stands. Mr. John Miller, 47 Rice Creek Way said that he was not opposed to the plans, but questioned if it was being done under the guise of being concerned about the safety on East River Road. The question to him is if they were truly interested in the safety, the first step would be to reduce the speed limit to 30 MPH. He questioned if they were truly doing this in the interest of safety or if they see the opportunity to build a monument using City, County and Federal funds. The City Engineer said that in 1968 the Council passed a resolution to that affect. At that time the speed limit was 45 MPH and it was'reduced to 40 MPH. The speed limit is not controlled by the City but by the Highway Department. The Highway Department makes a study of every- thing concerned. The City has been in favor of a reduced speed limit. He said as to labeling this under safety and trying to build a monument, what interest would the City have in doing this? More than 50% of the accidents involve people living in Fridley. East River Road has one of the highest accident records. There are no additional lanes being provided, the proposal only makes it safer to get on and off the highway. The signals will help greatly. The divider is provided because the roadway is winding. This road was done in World War II time and they could not question why it was not done right. We must try to do the best we can with a difficult situation. Some people feel the divider is an inconvenience, there is no argument about that, but there cannot be anything else done. If nothing is done, there will still be more traffic because of natural human growth. Since 1963 the volume has more than doubled. There were signals added at I. 694 and this helped the SPECIAL PUBLIC HEARING MEETING OF FEBRUARY 8, 1971 PAGE 12 situation. He pointed out that there were about 1200 dwelling units in the area which provides .for much local traffic. He said that he was sure that the public cannot say that the Council has not listened to the people, they have, and the modified plan is the result. Mayor Kirkham asked how much it would be if the City were to put in just what the people have asked for, the three signals. The City Engineer estimated a total cost of about $150,000 just for the signals with proper arrows. Mayor Kirkham said that that would be $150,000 out of general revenue funds, this proposal is for $100,000 with the remaining $900,000 to be borne by the County and Federal funds. This is still a tax, of course, but he questioned how many years Fridley has been paying into the County coffers and not getting it back because it is used in other parts of the County. At last it has been demonstrated to the County that Fridley's need is the greatest and they are willing to participate. There is a newly authorized Federal program to help communities in eases -where the City would not be able to make the corrections themselves. The City has been able to demonstrate their need and are eligible for these Federal funds. A lady in the audience said that the City Engineer has said that the property owners were consulted, but she was not asked. She asked if they were in favor of widening the road and inviting more traffic down the road. She said that she has heard the same thing at three different meetings and would like to hear what these people think. Mayor Kirkham said that the modified plan came about as a result of the input from the people. There have been several meetings of this nature. What prompted this study in the first place was comments being made by people deeply concerned about the problem. The lady said that the speed could be reduced. Mayor Kirkham pointed out that this was petitioned for and the speed was reduced from 45 MPH to 40 MPH. Councilman Kelshaw asked that everyone in favor of the project stand up. No one stood. Mr. Miller said that he did not know enough about the project to make his mind up yet. Hesaidthat he was like the rest of the people, listen and ask questions, but he thought that nobody was sure what they thought, Mayor Kirkham commented that those against the project have been coming to the hearings and making their presence felt. Mr. L.E. Ransom, 195 63rd Way N.E., said that he worked for the Minnesota Highway Department and that he would like to see a typical section of the design, and asked that this be expanded upon. He asked about the berm section, the shoulder sections and other technical engineering factors. He felt that this should be enlarged upon before the people could make their comments. He said that he knew that regardless of what is done, the traffic will continue to come down East River Road. He said that he did not even know how many lanes were proposed and asked where he could go to see the plans. Mayor Kirkham told him that working for the Highway Department he is accustomed to reading these plans, the average person is not. Before this proposal goes along too far there has to be authorization for funds for the drawings. The City Engineer said that most of the people have been -informed. There will be four lanes, two going north and two south, with 10' shoulders, curb and gutter and left and right hand turning lanes with three signals. There is to be a walkway connecting Rivers Edge Way with the school for pedestrian traffic. SPECIIlL PUBLIC ?,FA: FLING MEETING OF FEBP1J1' Y S, 1971 PAGE 13 Mr. Ransom asked if there would be 30' additi.onal..right of way. The City Engineer said that.it varies, in certain areas, yes. On the ea.:t tide there is the old Anoka Cuyuna right.of way and there are no buildings there, so the proposal is to use this as•part of the right of way. Mr. Ranson asked about the influx of traffic frcm the north. Is there much land left to be developed? Is the area to the north industrial r commercial? The City Engineer said that there was some land left to be developed and showed him on the map, and said that there were industrial, commercial and residential areas. Mr. Ransom asked the tonage of East River Road and the City Engineer said that it would be nine ton, as it is now. Councilman Liebl said that he wanted to thank the people.for ccming before the Council on three different occasions to voice their opinions on what they feel they can live with. He said that -he knew what they wanted and what they could live with. East River Road has been studied for the last six years. He said that he did want to say this: he is going to do something constructive and he locked at this from somewhat a different direction. He asked if you compare East River Road,to T.H. #47 and T.H. #65? No! Those are main thoroughfares of the City of Fridley and East River Road is mainly a County road. He said that he has talked to quite a few engineers and he is against widening East River Road as it is not a highway like T.H. #47 or #65. He said that he was in favor of the intersections being developed properly. He said that he resented it when people say that they are not doing anything. He said that he would be in favor of the three intersections and using the Federal money to buy the gas station out so that it could be developed. There are people who use East River Road and violate the.law, but the Police Depa-rtment has gi-Ten tickets out and there has been a difference in the traffic. There.will be 800 cars coming from Georgetown, and they must have access onto East River Road. He said that he respectfully disagreed with the City Engineer in that he did not feel the median would solve the problems and it would be 10 times worse to get into an intersection. He advocated the Council asking the Federal Government to participate in, the intersections and the semaphores and that the drainage should be put in. He commented that the East River Road problems are not their fault, nonetheless it is there. He said that in the last two months there has been good maintenance, and thanked Mike O'Bannon, the•County Commissioner, for doing his job well. He recomiended to the Council that East River Road be kept a park -like avenue, and he would not advocate having another T.H. #47 going through Fridley. The original plan would not have worked because the traffic would be too close to the homes. There would be the same problem in the first ward, and acquisition costs would be very high. He said that the Council should act unanimously as a body. He said that there has been an agreement signed and they will be proceeding with the plans for the underpass under the railroad tracks on Mississippi Street. In order to do this, they will have to acquire the Mico Station. This intersection is a death trap, and if they have to condemn, this is what they should do. He said that he must advocate the signalization, putting in the proper intersection3 and also rigid law enforcement. He said that he has seen the survey and out of 90 tickets, only 9 were given to residents of the City of ?ridley. There is a storm sewer problem on E; --3t River a.ad and this causes da-rrc;:.s ,;i tuatinns for the driving pu:allc, and this mus; -1-3 colve3. Ile 41 ere the storm water would be going. He urged support of the Mayor and Council to get the signals and the intersections properly constructedfor the regulation of the traffic. if they make East River Road a highway like T.H. #47, then he must oppose it. - SPECIAL PUBLIC HEARING MEETING OF FEBRUARY 8, 1971 PAGE 14 Councilman Liebl then had to leave the Meeting. Mr. George Danielson, 6305 East River Road, said that he did not see why there would have to be put in such an extensive storm drainage system in the east area. All they would have to do is to put in 70' of pipe to connect to the pipe now aly?ady in the ground. He said thank you to Councilman Liebl for being honest and not beating around the bush. He said that the people are in favor of signals and lowering the speed limit and urged that the people involved write to their congressmen. He urged that the whole project not be condemned, they must have the signals. Mr. Prichard Harris asked if the Federal funds are from T.O.P.I.C.S. and if this is part of HUD. The City Engineer said it was not apart of HUD, but the Bureau of Public Roads. He added that the funds have already been appropriated and Fridley was the second applicant approved. He added that all 14 items that he outlined were basically the input from the public and he hoped that it would satisfy the majority of the people. There have been quite a few meetings on this project. If there are any further changes made Fridley will have to go back and request these changes. Mr. Richard Brown said that Councilman Liebl made a proposal. When will the Council take action? Mayor Kirkham said that the Council policy is not to act on Public Hearing nights, and it will be on the next Regular Council Agenda March 1st. He also pointed out that there was. one Councilman absent tonight. He said that he could not agree with all that Councilman Liebl said. Councilman Liebl indicated that the project would take property from both sides of the road, but it is only to be taken from the east side and the road shifted to the east. • Councilman Kelshaw said that some of the audience have indicated that they are anxious to know how the Council felt. He said that his answer is on Page 61 of the February Readers Digest. A lady in the audience said that the City Engineer said that he could get easements from the Anoka Cuyuna range property and he talked as though it would be free. She said that they own that property. Mayor -Kirkham said that that was once railroad property. Mr. Danielson said that that property was donated to Anoka Cuyuna when the line was started. Since then the property has reverted back to the property owners. He said that there were no easements to be obtained there. The City Engineer said that it was a 50' easement and there were no structures in this area. Mr. Danielson said that there were two structures on that easement. The City Engineer said that in that area the road would be shifted to the west. Mayor Kirkham commented that the City has inherited a problem and are now trying to do something about it. r: Danielson said that it was a foolish plan. The City Engineer explained that the City cannot possibly just take the land, there has to be fair compensation. If the Council and the County desire to proceed witi: the plan, then a;; appraisal would be r.e.de and the fee paid. If the people are not satisfied with the result, then the district court would appoint three appraisers to try to come to a fair price. If they are still not satisfied, then it can be taken to a higher court. If it can be proven that the property is devaluated, then there must be compensation. SPECIAL PUBLIC HEARING MEETING OF FEBRUARY 8, 1971 PAGE 15 MOTION by Councilman Breider to close the Informal Public.Hearing on the %revised safety and road improvements for East River Road and adjacent roads. /S,3conded by Councilman Kelshaw. Upon a voice vote, all voting aye, Mayor Kirkham deajared the motion carried and the hearing closed at 10:40 P.M. RECESS: Mayor Kirkham declared a recess from 10:40 to 11:00 P.M. CONSIDERATION OF AUTHORIZING BIDS FOR STREET SWEEPER: Mayor Kirkham said that he was not too sure that he wanted another machine that goes around raising dust and leaving a ridge of sand in the street. The Acting City Manager said that -he asked the Purchasing Agent to -check this out with the Director of Public Works and he felt that the City needed a second sweeper. Mayor Kirkham said that some communities use a. tank and it is flushed down the storm sewer. The City Engineer said that this would not work in a community such as ours because there.are.not curbs and gutters on all the streets. The Parks,and Recreation Director said:that.he also had talked to the Director of Public -Works. He said that it is true that it.does raise.dust and the driver wears a mask. He pointed out that there have been a lot of streets developed since the purchase of the last street sweeper... The Director of Public Works feels that they can give better service to the community with a second sweeper. He said that the ridges were left because it hadprobably been four or five weeks since that street was done last. Mayor Kirkham said that he understood that the sweeper covers the City about .two or three times a year. The Director of Parks and Recreation said that it is telt that with an additional unit they could double the duty on the streets and keep them in better shape. The Acting City Manager said that there were two alternatives. First the City could advertise for bids for a new sweeper, or it could be used on a lease basis. The problem with the lease is that when it is needed in the spring of the year, every other community would want one then too. The Purchasing Agent advised purchasing new rather than used equipment. The question was raised whether water was used when the streets were swept, and the City Engineer said that it was. Mayor Kirkham said that whether it is leased or bought, the City would still pay for it 12 months a year. Councilman Kelshaw said that it was true that a number of streets have been added. The Acting City Manager said that the Director of Public Works feels that they could.cut down on the sewer maintenance with the addition of another sweeper. It is provided for in the budget. MOTION.by Councilman Breider to aithorize advertising for bids for a new street sweeper. Seconded by Councilman Kelshaw. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried. SPECIAL PUBLIC HEARING MEETING OF FEBRUARY 8, 1971 PAGE 16 RECEIVING FRIDLEY INDUSTRIAL DEVELOPMENT COMMISSION REPORT FOR 1970: MOTION by Councilman Breider'to receive the Fridley Industrial Development Commission report for 1970. Seconded by Councilman Kelshaw. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried. RESOLUTION #21-1971 - A RESOLUTION IMPOSING LOAD LIMITS ON PUBLIC STREETS AND HIGHWAYS IN THE CITY OF FRIDLEY: MOTION by Councilman Kelshaw to adopt Resolution #21-1971. Seconded by Councilman Breider. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried. CONSIDERATION OF CHANGE IN AUTHORIZED. EXPENDITURES FOR THE PARK AND RECREATION DEPARTMENT: The Parks Director passed out a sheet that explained the reasons for the overtime needed, prepared by Ralph Volkman, Park Foreman. Councilman Kelshaw asked if all the people that use the hockey rinks are Fridley residents. The Parks Director said that there are some traveling teams, all from the North Suburban Metropolitan area. Councilman Kelshaw asked when Fridley plays away, if there is an expense for using their rinks and the Parks Director said no. Councilman Breider asked what time the night shift begins. The Parks Director said 8:00 P.M. Their schedule goes according to the weather conditions and the schedules for the 15 rinks. They can probably do five rinks a night. The reason for the request for the transfer to cover the overtime is to get the funds up to what was spent in years previously. The Parks and Recreation Commission has approved the transfer. It is true that an additional man was added to the staff, but there are certain things that still have to be done and it did not relieve the pressure of work needing to be done at night. It is impossible to do any work on the rinks after 3:00 when school lets out. There is not enough time in a normal day to do all these rinks. There has been an increased use of Locke, Park and there has also been a big increase in vandalism. He said that the reasons for the overtime are very basic and are almost a must. The Acting City Manager asked about temporary help as opposed tq, overtime. The Parks Director said that they use temporary help during the,i4inter at night. To flood a rink they need three men and sometimes two c4ews are put on. It takes two men to Yandle the hose. The temporary help dges not drive the equipment, only the regular men. He pointed out that�the hockey program has greatly increased and they have added additional hogkey rinks. Councilman Breider asked if he would say that 90% of the overtime was spent on the hockey program. The Parks Director said nqt 90%, but certainly the majority of it. 65% - 70% would be for the winter work, not necessarily just hockey. Councilman Breider asked how man? hours of overtime they would work a week. The Parks Director said that they would work about 4 hours a night, but they do not go out every night. Zt all depends on the weather. You cannot make good ice when it is too cold. The season starts in December and goes through the end of February. Some of the buildings will be closed down soon. The program is only supported for three months. Councilman Breider asked if they start at 8:00 P.M., is this in addition to what they REGULAR COUNCIL MEETING OF MARCH 1, 1971 PAGE 10 right to review and make recommendations on any Ordinances dealing with the use of land. THE VOTE upon the motion, being a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously. RECEIVING THE MINUTES OF THE BUILDING STANDARDS - DESIGN CONTROL MEETING OF FEBRUARY 18, 1971: 1. CONSIDERATION OF A REQUEST TO CONSTRUCT A CLAIMS OFFICE LOCATED ON LOT 11, BLOCK 2, COMMERCE PARK, THE SAME BEING 7400 UNIVERSITY AVENUE N.E „ FRIDLEY MINNESOTA. (REQUEST BY AMERICAN FAMILY INSURANCE CO., 1745 UNIVERSITY AVENUE, ST. PAUL, MINNESOTA 55104): The City Engineer said that this request was for an insurance claims office just south of the Pet Clinic on University Avenue West Service Drive. The Building Board approved the request subject to some stipulations. He pointed out that this is a brick building, but there are block pilasters which the Board said must be painted. He then showed a rendering of what the building would look like. Councilman Harris questioned why they were not putting in brick pilasters. He felt that as they would face the highway, they should be brick. He suggested that they could be of a different color. A Representative said that he did not know how much they would have to change their plans to put in brick. They had planned on painted block. The City Engineer pointed out that brick is also easier to maintain. Councilman Harris said that he would like to see them get away from a painted surface so there would be less maintenance. He suggested that any material be used that does not require maintenance. MOTION by Councilman Harris to approve the plans for American Family Insurance Company with the pilasters to be brick, glazed block, stone, or some material that does not require maintenance. Seconded by Councilman Liebl. Upon a voice vote, Breider, Kirkham, Liebl and Harris voting aye, Kelshaw abstaining, Mayor Kirkham declared the motion carried. �. C_ONSIDERATION OF A REQUEST FOR PRELIMINARY APPROVAL OF A CHANGE IN THE BUILDING LOCATIONS FOR PHASE III OF GEORGETOWN APARTMENTS LOCATED AT 5640, 5660, 5680, 5720, 3740 EAST RIVER ROAD, FRIDLEY, MINNESOTA. (REQUEST BY MAURICE FILISTER, 5750 EAST RIVER ROAD, FRIDLEY, MINNESOTA 55432): The City Engineer said that this request is to change the location of Phase III of the Georgetown Apartments. Mr. Filister would like to have them lined up north/south facing the river. There is no change in the number of units. He added that this complex does not have curbing on East River Road West Service Road, and they should be made aware that there will be an improvment and they will be assessed for it. MOTION by Councilman Liebl to approve the change in location for the Third Phase of the Georgetown complex requested by Maurice Filister. Seconded by Councilman Harris. Upon a voice vote, all voting aye, Mayor Kirkham declared' the motion carried unanimously. REGULAR COUNCIL MEETING OF MARCH 1, 1971 PAGE 9 RECEIVING THE MINUTES OF THE PLANNING COMMISSION MEETING OF FEBRUARY 17, 1971: 1. REZONING REQUEST, ZOA #71-01, BY WYMAN SMITH FOR VIKING CHEVROLET, INC.: Rezone from M-2 (heavy industrial) to C-2 (general business areas) a parcel 600 feet in depth along the centerline of proposed 83rd Avenue from R/W line of University Avenue and 1,675 feet north from centerline of proposed 83rd Avenue. The City Engineer said that the Planning Commission recommendation to the Council was for approval of the rezoning. The Public Hearing has been scheduled for March 15th because of a deadline on their land commitments. MOTION by Councilman Harris to reaffirm the Public Hearing for the Viking Chevrolet rezoning for March 15, 1971. Seconded by Councilman Breider. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously. 2. REZONING REQUEST, ZOA #71-02, COLONIAL SERVICES CO.: To rezone that part of Block 1, Fridley Industrial Park Plat 1 lying N.E. of Hwy. #65 West Service Drive as now laid out and traveled from M-2 (heavy industrial) to C-2 (general business). Located at the SW corner of Hwy. #65 and 73rd Avenue. 3. REQUEST FOR SPECIAL USE PERMIT, SP #71-02, BY COLONIAL SERVICES CO.: To locate a service station as per Section 45.101, 3E, Fridley City Code in a C-2 District on that part of Block 1, Fridley Industrial Park Plat 1 lying NE of Hwy. #65 West Service Drive as now laid out and traveled. MOTION by Councilman Breider to set the Public Hearing date for the rezoning request and special use permit request by Colonial Services Co. for April 12, 1971. Seconded by Councilman Liebl. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously. 4. RECEIVE PETITION NO. 10-1971: Request for acquisition of land located between Mississippi Street and Rice Creek Road and Stinson Boulevard and Arthur Street (Richland, Inc. ZOA #70-07) for park purposes. The City Engineer said that this Petition is Item #31 on the Council Agenda. MOTION by Councilman Liebl to receive Petition #10-1971. Seconded by Councilman Kelshaw. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously. 5. FUNCTIONS OF THE PLANNING COMMISSION: The City Engineer reported that the proposed Ordinance for providing a double attached garage to single residences has been given to the Planning Commission and it is on their Agenda for next Wednesday night. MOTION by Councilman Breider to receive the Minutes of the Planning Commission Meeting of February 17, 1971. Seconded by Councilman Harris for discussion. Councilman Harris said that this proposed Ordinance should properly go to the Planning Commission before coming to Council. The Planning Commission has the F1 Building Standards -Design Control Meeting of March 18, 1971 Page 4 MOTION by Lindblad to recommend approval of a building permit subject to the following stipulations: 1. That a complete set of plans be submitted snowing the boiler room, laundry room, and storage facilities. 2. That plans be submitted showing additional brick added to the building to meet the requirement of 50 percent brick. 3. Specify species of shrubbery shown on the plans. Seconded by Tonco. Upon a voice vote, all voting aye, the motion carried unanimously. S.. CONSIDEP_4TION OFA REgLST TO CONSTRUCT PHASE III OF GEORGETOWN APARTMENTS LOCATED AT 5640, 5660, 5680, 5720, AND 5740 EAST RIVER ROAD, FRIDLEY, MINNESOTA. (REQUEST BY MAURICE FILISTER, 5750 EAST RIVER ROAD, FRIDLEY, MINNESOTA 55432.) Mr. Maurice Filister and Mr. Bill Meyer were present to present the request. It was stated that these plans had been brought before the Board previously for approval of a change in the building locations which had been granted. Mr. Muhich also informed Mr. Filister that there wasn't any curbing on East River Road West Service Road and that he should be aware that there will be an improvement and he would be assessed for it as was stated in the Council minutes of the March 1, 1971 meeting. The Board mentioned that concrete curbing around all blacktop areas was required and this was not shown on the present plan. Mr. Filister then proceeded to draw on the plans in red all areas that would have concrete curbing. The Board then asked Mr. Filister what he was going to have between the double parking area to prevent the cars from backing into each other. Mr. Filister stated that he had not decided what he wanted in there as yet. He also said he would not put in anything that Ath cr the i;;icy Engineer or the Building Inspector did not approve of. The Board asked Mr. Filister if he couldn't decide now as that was why they were meeting to get all these things ironed out. Mr. Filister said that he couldn't decide now because he would have to check on prices, etc. first. The Board then asked him if he would know in a couple of weeks so that they could look at it at the next Board meeting or else they could even hold a special meeting if he could decide sooner. Mr. Filister continued to say that he did not know when he would decide on such a minor detail but that he would not put in anything that either the City Engineer or the Building Inspector did not approve of. The Board then stated that they did not feel they could rec,--miend approv-11. of a permit with inc(ynnpiete plans. Building Standards -Design Control Meeting of March 18, 1971 Page 5 Mr. Filister then said that if they felt that way he would take out all the double parking except for 90 feet where there would be concrete sidewalk and curb on each side as he had plenty of parking. The Board said they were sorry he felt like that and that they felt he was not making a wise decision but if that was how he wanted it they would accept it that way. They asked Mr. Filister to sign the plans saying this is what he wanted which he did. MOTION by Tonco to recommend approval of a building permit for Phase III of Georgetown Apartments with the changes as shown on the plans signed by Mr. Filister. Seconded by White. Upon a voice vote, all voting aye, the motion carried unanimously. ADJOURNMENT The meeting was adjourned by Chairman Zeglen at 12:05 P.M. Respectfully submitted, CAROL CHUDEK Secretary V REGULAR COUNCIL MEETING OF APRIL 5, 1971 PAGE 12 The City Engineer reported that Modtronics have requested a delay on their plans so no action is necessary at this time. 4. CONSIDERATION OF A REQUEST TO CONSTRUCT AN APART%, -NT COMPLEX TO BE LOCATED ON THE SOUTH � OF LOT 4, AUDITOR'S SUBDIVISION OlrO, THE SAM,. BEING 1619 73RD AVENUE N.E., FRIDLEY, NINNESOTA. (REQUEST BY SID BADER, 3005 OTTAWA AVENUE SOUTH, ST. LOUIS PARK, MINNESOTA 55416): The City Engineer said that the Building Board recommended approval of the plans with the stipulation that they wanted additional brick, which the petitioner agreed to. He then showed the Council an elevation of the building, and added that they have agreed to put in shrubbery. It would be about 50% brick and the rest stucco. Councilman Liebl said that there is an attractive apartment building in the area now. MOTION by Councilman Harris to approve the building permit for Sid Bader subject to the Board's stipulations. Seconded by Councilman Breider. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously. 5. CONSIDERATION OF A REQUEST TO CONSTRUCT PHASE III OF GEORGETOWN APARTMENTS LOCATED AT 5640, 568.0, 5720, AND 5740 EAST RIVER ROAD, FRIDLEY, MINNESOTA (REQUEST BY MAURICE FILISTER, 5750 EAST RIVER ROAD, FRIDLEY, MINNESOTA, 55432): The City Engineer said that this request is to construct Phase III of the Georgetown Apartment complex. The Building Board recommended approval of the plans. Originally he showed curbing all around and a divider strip on the plans. Mr. Filister was present and did not want to show any curbing in the center of the parking lot and removed it. The City Engineer's recommendation is, if he is going to remove the divider strip from the parking lot, he should provide islands of trees or shrubbery to break up the large expanse of parking area. With this addition of units the existing roadway will need upgrading and will need curbing. The Council has already ordered these improvements and Mr. Filister should understand that there will be assessments coming. He expressed some concern that this complex would have a potential of high maintenance because of the different colors on the fronts. There is some problem in regard to utilities, but he concurs with the recommendation of the City that there would have to be a lift station and loops. Councilman Harris asked why he took out the center divider. The City Engineer said that it shows on the original plans, but he changed them. He said that he did not need the additional parking. He felt that there should be some landscaping to break up the large expanse: of parking. There would be curbing around the trees or shrubs. Councilman Harris said that he agreed that something should be put in. Councilman Liebl questioned the wisdom of putting in islandi as it wduld cause problems with snow plowing in t13e winter, and it would harder to r:aintain. The City Engineer said that there would still be fairly large open spaces. Councilman Liebl asked where the snow would go. The City Engineer said against the building in the space beyond the sidewalk. Councilman Liebl painted out tl: -.t on the original proposal by Holiday Village Nor-Ua, they had is?.Peale, then c.-une in later to request permission to take them out. The City Engineer said that after -.hat, they changed their minds. Councilman Liebl felt that they would still be hard to maintain. The City Engineer pointed out that there would have to be walkways anyhow through the parking lot. REGULAR COUNCIL MEETING OF APRIL 5, 1971 PAGE 13 LOTION by Councilman Harris to approve the building permit with the stipulation that he is to provide islands with trees -or shrubbery surrounded by curbing in the large expanse of parking lot and with the understanding that there will be assessments for the roadway. Seconded by Ceuncilman.Kelshaw. Upon a voice vote, Harris, Braider, Kelshav, and Kirkham voting aye, Liebl voting nay, Mayor Kirkham declared the motion carried. RECEIVING THE MINUTES OF THE BOARD OF APPEALS JU=IMG OF MARCH 23, 1971: The City Engineer reported that there was no action required by the Council at this time. NOTION by Council -an Harris to receive the Minutes of the Board of Appeals Meeting of March 23, 1971. Seconded by Councilman Breider. upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously. RECEIVING BIDS AND AWARDING CONTRACT - STREET SWEEPER: (Bids Opened March 30, 1971) Net Price w/ Delivery Bidder Surety Trade Name Net Price 92tiOn Date MacQueen Equip. Co. Aetna Casualty Elgin Pelican $16,510.00 $325 Power on 45 - 60 595 Aldin St. Company III brush. $85 Calendar St. Paul, Minn. 5% B.B. Heater, $35 Days Defroster The Acting City Manager reported that this bid by MacQueen was only about $100 different than that received before. The difference is in minor accessories. MOTION by Councilman. Harris to award the bid for a street sweeper to MacQueen Equipment Company in the amount of a net price of $16,510.00. Seconded by Councilman Breider. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously. CONSIDERATION OF WITHHOLDING FRCK-SALE ALL TAX FORFEIT PROPERTY IN -THE CITY OF FRIDLEY: The Acting City Manager explained that a problem has come up in regard to the sale of tax forfeit lots. There is an individual buyer that feels that he is under no obligation to pay the speoial assessments and intends to fight tha City on these assessments. This individual just bought two lots last week. Councilman Harris asked if these sales are on a bid basis. The Eating City Manager said that they are bought for the appraised price which does not include the special assessments. Councilman Harris asked if they could not be included in the price. The Acting City kanager said that this could be done thfough re- evaluation. Mayor Kirkham said that the present policy was adopLed to encourage the sale of the lots. The City Attorney added that this is so that the buyer does not have to come up with so much cash at one time. The County Attorney notified the municipalities of whet wcs goi.-g 0.1. The Legislature should oe asked to revise the lilw. I` tl' t -_!=not do::c than tl:,.i madc by Councilman Harris in the only feasible answer. his wouid act to di6couray- the sale of the -lots, but on the other hand it would not leave the City with aseesements not paid. Councilman Harris said that the Legislature may not get to this for a couple of years and it would behoove the cities involved to work out mane procedure where SPECIAL PUBLIC HEARING MEETING OF FEBRUARY 14, 1972 PAGE 11 The Acting City Attorney said that the minutes before the Council were written in 1969. They outline the need for the right of way needed for proper safety and traffic flow on East River Road. Here it is February, 1972, and still no right of way. Mr. Caplan said in 1969 that they would be willing to sit down with the City Engineer and work it out and that they would abide by the deter- mination of an independent third party. Mr. Filister said that is still true, he will be willing to sit down at any time with the City Engineer, but at no time has he been called in to discuss it. He said he has been fooling around with this since 1969. He said he had talked to the City Assessor many times and he thought he had everything in order, then 4 - 5 months ago he discovered he needed the registered land survey in proper form to have it registered. He thought it was a matter of formality to have it done, and now he finds that he is supposed to give some right of way. The Acting City Attorney read from the minutes of November, 1969 which covers the need for the right of way. The City Engineer added that he could dig out minutes from a number of meetings, and also letters he had written. However, that is neither here nor there, the problem before us is the need to solve the problem to everyone's mutual benefit. Councilman Utter said that it seemed to him that the City must get that dedication. With the additional building, the traffic problem will get worse, and something must be done about the access. If the land is split now, the City would have to deal with three mortgage companies. He would like this taken care of as soon as possible. It was agreed that Mr. Filister, Mr. Caplan, the City Engineer and the City Attorney were to try to work something out soon. Mr. Filister said he would like to bring another item before the Council. He said he has spent $65,000 - $70,000 in running water and sewer through his pro- perty, and also putting in a lift station to take care of the south end of the property. This has all been done with the approval of the City Engineer and according to his recommendations. He has talked to the City Engineer about taking over the maintenance of the sewer, water and lift station. The City Engineer agreed the City should take over the maintenance, however, he believes Mr. Filister should be 100% responsible for any major repairs and the cost of the maintenance. Mr. Filister contended that the City should take over at City cost minor and major costs of the sewer, water and lift station. This is an improvement he had to put in because the sewer and water lines were not built adequately to handle his needs, so he had to spend more because the City did not do it properly. The City Engineer said that basically, facilities maintained by the City are within City right of way and are built by the City or under City supervision. In this case Mr. Filister has a large complex and the facilities were built by his own contractor. The lines are between buildings where it would be difficult to get to. He said he felt these facilities were built and owned by Mr. Filister. He compared it to a house, if there is a problem in the street,it is a City responsibility, but from the street to the house it is the home owners responsi- bility. This is the case here, only on a larger scale. if the City were to do as requested here, it would be setting a precident. There are other lift stations in the City, and if the City maintained Mr. Filister's, others would say, "main- tain mine too". He believed Mr. Filister should pay the major costs. " SPECIAL PUBLIC HEARING MEETING OF FEBRUARY 14, 1972 PAGE 12 Mr. Filister said that he owned 27 acres of land, and he will be the largest taxpayer in the City of Fridley, and it is probably 10 times as large as anyone else per acre of land. He felt that paying $300,000 - $400,000 in taxes entitled him to.the same service as a house down the street. He said he was paying more than his proportionate share for his service, and this is part of the service the City should provide for his tax money. Mayor Liebl asked that this problem be referred to the City Manager, City Engineer, and the City Attorney, and asked them to come up with a recommendation. He said he, as a homeowner, is liable for any costs from his house out to the street. Mr. Filister said he is willing to stand any expense from his buildings down to the main. Mayor Liebl asked if the City maintains any other lift stations. The City Enigneer said yes, built by the City. Mayor Liebl asked if his lift station was built to the specifications of the City. The City Engineer said he checked the plans, so he would assume so, he did not physically look at it. Mr. Filister said that the City uses the same type of lift station he has. He said he was asking for maintenance of the lift station and water and sewer maintenace. This is asking no more than what is done for 100% of the. people of the City of Fridley. Councilman Utter asked if the lift station was on his property and Mr. Filister said yes. The Acting City Attorney said that he has a lift station on his pro- perty, and if the City maintains Mr. Filister's, he will ask for maintenance on his too. Other people with lift stations are paying their share. As far as talking about a tax break, he would have to talk to the County Assessor. Mr. Filister said that it seems the City assesses for sewer and water services, but does not provide maintenance. MOTION by Councilman Utter to refer the sewer, water and lift station maintenance, and the dedication of the right of way needed for access for signalization back to the City Manager, City Engineer and the City Attorney for their investigation and recommendation. The motion was seconded and upon a voice vote, all ayes, Mayor Liebl.declared the motion carried. The Finance Director volunteered to furnish a review of the special assessments that are levied against his property. Mr. Filister said he could not understand why the City Engineer promised him signals, now he hears that they are to be sometime in the future. The City Engineer said that he would never promise something he could not deliver. That determination is up to the County and is under their. jurisdiction. APPROVAL OF APPOINTMENTS OF NEW MEMBERS TO THE FRIDLEY VOLUNTEER FIRE DEPARTMENT: The men listed below have applied for membership in the Fire Department as volun- teers. They were interviewed by the officers of the Fire Department and the members of the department voted to accept them as probationary members. John Haley 750 Rice Creek Terrace Rodney Trocke 6035 2nd Street N.E. Wayne. Ek 221 Satellite Lane James Lorbeski 171 631 Way N.E. Richard Schmidt 221 Satellite Lane N.E. Richard Huss 249 69th Avenue N.E. yOTION by Councilman Mittelstadt to approve the appointment of the foregoing men to the Fridley Volunteer Fire Department. Seconded by Councilman Utter. Upon a voice vote, all ayes, the motion carried. d SPECIAL PUBLIC HEARING MEETING OF FEBRUARY 14, 1972 PAGE 11 The Acting City Attorney said that the minutes before the Council were written in 19G9. They outline the need for the right of way needed for proper safety and traffic flow on East River Road. Here it is February, 1972, and still no right of way. Mr. Caplan said in 1969 that they would be willing to sit down with the City Engineer and work it out and that they would abide by the deter- • mination of an independent third party. Mr. Filister said that is still true, he will be willing to sit down at any time with the City Engineer, but at no ! time has he been called in to discuss it. He said he has been fooling around with this since 1969. He said he had talked to the City Assessor many times and he thought he had everything in order, then 4 - 5 months ago he discovered he needed the registered land survey in proper form to have it registered. He thought it was a matter of formality to have it done, and now he finds that he is supposed to give some right of way. The Acting City Attorney read from the minutes of November, 1969 which covers the need for the right of way. The City Engineer added that he could dig out minutes from a number of meetings, and also letters he had written. However, that is neither here nor there, the problem before us is the need to solve the problem to everyone's mutual benefit. Councilman Utter said that it seemed to him that the City must get that dedication. With the additional building, the traffic problem will get worse, and something must be done about the access. If the land is split now, the City would have to deal with three mortgage companies. He would like this taken care of as soon as possible. It was agreed that Mr. Filister, Mr. Caplan, the City Engineer and the City Attorney were to try to work something out soon. Mr. Filister said he would like to bring another item before the Council. He said he has spent $65,000 - $70,000 in running water and sewer through his pro- perty, and also putting in a lift station to take care of the south end of the property. This has all been done with the approval of the City Engineer and according to his recommendations. He has talked to the City Engineer about taking over the maintenance of the sewer, water and lift station. The City Engineer agreed the City should take over the maintenance, however, he believes Mr. Filister should be 100% responsible for any major repairs and the cost of the maintenance. Mr. Filister contended that the City should take over at City cost minor and major costs of the sewer, water and lift station. This is an improvement he had to put in because the sewer and water lines were not built adequately to handle his needs, so he had to spend more because the City did not do it properly. The City Engineer said that basically, facilities maintained by the City are within City right of way and are built by the City or under City supervision. In this case Mr. Filister has a large -complex and the facilities were built by his own contractor. The lines are between buildings where it would be difficult to get to. He said he felt these facilities were built and owned by Mr. Filister. He compared it to a house, if there is a problem in the street, it is a City responsibility, but from the street to the house it is the homy owners responsi- bility. This is the case here, only on a larger scale. If the City were to do as requested here, it would be setting a precident. There are other lift stations in the City, and if the City maintained 2•1r. Filister's, others would say: "main- tain mine too". He believed Mr. Filister should pay the major costs. n� J SPECIAL PUBLIC HEARING MEETING OF FEBRUARY 14, 1972 PAGE 12 / Mr. Filister said that he owned 27 acres of land, and he will be the largest taxpayer in the City of Fridley, and it is probably 10 times as large as anyone else per acre of land. Be felt that paying $300,000 - $400,000 in taxes entitled him to the same service as a house down the street. He said he was paying more than his proportionate share for his service, and this is part of the service the City should provide for his tax money. Mayor Liebl asked that this problem be referred to the City Manager, City Engineer, and the City Attorney, and asked them to come up with a recommendation. He said he, as a homeovmer, is liable for any costs from his house out to the street. Mr. Filister said he is willing to stand any expense from his buildings down to the main. Mayor Liebl asked if the City maintains any other lift stations. The City Enigneer said yes, built by the City. Mayor Liebl asked if his lift station was built to the specifications of the City. The City Engineer said he checked the plans, so he would assume so, he did not physically look at it. Mr. Filister said that the City uses the same type of lift station he has. He said he was asking for maintenance of the lift station and water and sewer maintenace. This is asking no more than what is done for 100% of the people of the City of Fridley. Councilman Utter asked if the lift station was on his property and Mr. Filister said yes. The Acting City Attorney said that he has a lift station on his pro- perty, and if the City maintains Mr. Filister's, he will ask for maintenance on his too. Other people with lift stations are paying their share. As far as talking about a tax break, he would have to talk to the County Assessor. Mr. Filister said that it seems the City assesses for sewer and water services, but does not provide maintenance. MOTION by Councilman Utter to refer the sewer, water and lift station maintenance, and the dedication of the right of way needed for access for signalization back to the City Manager, City Engineer and --the City Attorney for their investigation and recommendation. The motion was seconded and upon a voice vote, all ayes, Mayor Liebl.declared the motion carried. The Finance Director volunteered to furnish a review of the special assessments that are levied against his property. Mr. Filister said he could not understand why the City Engineer promised him fdegtermination als, now he hears that they are to be sometime in the future. The City neer said that he would never promise something he could not deliver. That is up to the County and is under their jurisdiction. APPROVAL OF APPOINTMENTS OF NEVA MEMBERS TO THE FRIDLEY VOLUNTEER FIRE DEPARTMERT: The men listed below have applied for membership in the Fire Department as volun- teers. They were interviewed by the officers of the Fire Department and the members of the department voted to accept them as probationary members. John Haley 750 Rice Creek Terrace Rodney Trocke 6035 2nd Street N.E. Wayne. Ek 221 Satellite Lane m Jaes I.orbeski 171 6314- Vay N.E. Richard Schmidt 221 Satellite Lane N.E. . Richard Huss 249 69th Avenue N.E. NOTION by Councilman mittelstadt to approve the appointment of the foregoing men to the Fridley Volunteer fire Department. Seconded by Councilman Utter. Upon a voice vote, all ayes, the motion carried. REGULAR COUNCIL MEETING OF OCTOBER 2, 1972 2 l Mr. Filister said that his property is financed by three different companies. Each mortgage company wants to own the land on which the structure sits. He would like also to have the assessments split. As it is now all the assessments are on one parcel of land, naturally the mortgage company does not approve of that. Mayor Liebl asked if he was the owner and Mr. Filister replied yes, sole owner. • Mayor Lfebl said that in regard to the City taking over the maintenance of the utilities, he could not agree with that, however, as far as his registered land survey is concerned, he would have no objections, as long as it is properly drawn. He asked the City Engineer why this has been held back. The City Engineer said that this item has been considered by Council a number of times. He and the City Attorney were directed by the'Council to most with Mr. Filister and his attorney to try to resolve the problems. He did most with Mr, Filister and his attorney and the items the City is requesting of Mr. Filister and those Mr. Filister is requesting of the City were discussed. Mr. Filister's attorney recommended that Mr. Filister grant the City's request, then Mr. Filister said that he had better get himself another lawyer. The City Engineer said that he has not discussed this with him since then. Mayor Liebl said that he did not believe that either Mr. Filister or the City should use something like this as leverage. Mr. Filister is a tax payer in the City and if the Council asked his cooperation for the benefit of his property, he should give it. There should be mutual cooperation and working together to solve this problem. He could see no reason this survey should be held in abeyance and that he would recommend granting approval, providing the survey is proper in all engineering aspects. Mr. Filister commented that these were the nicest words he has heard for many years from the Council. He had always considered withholding approval as blackmail so the City could get what they wanted, and this is the first time he has heard something that sounds reasonable. He said if the Council will work with him, he will surely work with them. Councilman Braider said that he understood Mr. Filister's problem, and the City's problem, but he was not sure what was talked about at the meetings between the City Engineer and Mr. Filister. He said he did not think the Visitors section is the proper time to consider a registered land survey, this is an Agenda -type item, and he would like it placed on the Agenda for a regular meeting. He said he would like all the background material furnished also, to refresh them on what has happened in the past. If there is a problem with ` this survey he would like it on the Agenda until it is resolved. The Visitors section is only a 15 minute time period to Lear complaints etc., and for non - agenda type items. Mr. Filister said there was no problem with the survey, he considered the problems brought up by the City Engineer to have absolutely nothing to do with the survey and were 'another matter entirely. The City Engineer explained that one of the items needing a solution is that Mr. Filister and the City would like a signal at the exit of the Georgetowns onto nit jiver Road. The problem is that it is difficult to justify a signal for on Qvmplex, therefore the plan is to connect onto the property to the north, brrig those cars 4Wn to the signal, thereby providing more justification to the County for the semaphore. TQ implement this plan, right of Way is needed from r-.-. Filister, which he has refused to sive. ' Another problem is that Mr. illister would like to turn aver some of his utilities to the City. The City Main Office 784-6066 ® UBURBAN 6875 Highway No. 65 N. E. 10s,F] NQINEERING Minneapolis, Minnesota 55432 INC. ^ South Office 890.6510 ' I Civil & Municipal Engineering • Soil Testing 151 West Burnsville Crosstown nF] Land Surveying • Land Planning I Burnsville, Minnesota 55378 June 9, 1972 Honorable Mayor and City Council City of Fridley 6431 University Ave. N.E. Fridley, Minnesota 55432 Attn: Mr. Nasim Qureshi Re: Georgetown Court Apartments City Engineer Gentlemen: The contract for the Phase III construction of sanitary sewer, watermain and storm sewer, and sanitary lift station has been basically completed. The only remaining work is the placement of two concrete surge basins on the ends of the storm sewer along the river. The con- tractor for this work was American Contracting Corp. The work was completed in accordance with the plans and specifica- tions on file in your office. All tests and observations of the work were performed by our company. Personnel from your office were present for the final inspection of the work. We recommend that the sanitary sewer, watermain and sanitary lift station constructed under this project, and the sanitary sewer and water - main previously constructed be accepted by the City for operation and future maintenance, subject to receiving a one year maintenance bond guaranteeing materials and workmanship for the Phase III portion of the system. Upon receipt of this bond, it is requested that any developer's bond presently being held for utilities be released. Sincerely, SUBURBAN ENGINEERING, INC. William K. Meyer, P.E. WKM:mlz cc/Maurice Filister American Contracting Robert 'Hinder, Reg. Engr. E. A. Rathbxn. Reg. Surv. Wm. K. Meyer, Reg. Engr. ... ? „_ r -r. r .r .. n n, .. L,", Cure. Francis n. Hngen, Sr.. Reg. Engr. 560-3450 r u Cito rile J ty ANOKA COUNTY 6431 UNIVERSITY AVENUE NE FRIDLEY, MINNESOTA 55432 ?2, 1975 Mr. MauAice F.i.P zteA F.it lsteA FnteApUz es ✓ 5750 Fast R.iveA Road Ptidtey, Minnesota 55432 Dean Mk. F.c.Zi z teA: On Monday, September 15, 1975, 1 met with you kegaLding the seweA .Zine pnobtems tuith,in youA apartment comp. -ex. I would tike to con6i m ouA eonvelusation .in which I pointed out the )Aobtems and your Ampons.ibiZ ty Son eoAtecting these pnobtems. There aAe three pnobtem a&e," : 1. A bnok.en Sour .inch c eay tiP.e s eAv.iee to the .east o6 the just entAanee at 5820 Fedenat Hatt. This must 6e dug up and -two Beet o6 c ay tite must be &e - p. -aced. This now poses two pnobtems: A. Health rycobtem. B. In6Uttation o6 stoAm cvateA Snom the noon downspout near the buken pipe. 2. Homemade storm catch basin tapped into the sane taAy sewers .Zine was p. -egged by us once, but it is st-c et teaking. This catch basin must be S e eed with eoneAete to above the outlet pipe. Storm water is not attowed in sanitaAy sewer tines according to City Code 402.19. The toeatLon is 5820 FedeAat Hatt at the near southeast corner o6 the buiZd.ing. 3. Also, at 5820 Fedenat Hatt, neoA southeast eonnen o6 the buitding and th.vuty- S-ive Beet south o6 the sanitary manhole, you have a bn.oken sani taAy sewer tine - night where the wateA .Zine Son the jii e hydrant eAosses the sanitac.y tine. We Seel there is a pipe o6 some sort that has broken the .Zine, and is now tying ,in the .Zine obstructing the Stow os youA sewer tine. We suggest .that you have this tepai&ed besone you have some very sen.ious probZems with s evjeA backups. I am nequesti.ng that this work be eompteted tui th ten (10) days Snom SeptembeA 24, 1975. S.incWey, RALPH VOLKHAN Supelc i.ntendent o6 Pube ie Wonhs RV: ik cc: Richard Sob.iech, Pubti.c Worha D.iAecton STATE OF MINNESOTA DEPARTMENT OF HEALTH 717 DELAWARE STREET S. H. MINNEAPOLIS 55440 April 6, 1971 City Council c/o Marvin Brunsell, Clerk City Hall 6431 University Avenue N.E. Fridley, Minnesota 55421 Gentlemen: We are enclosing a copy of our report covering an examination of plans and specifications on water mains for your city. A copy of the identi- fied plans and specifications is also enclosed. If you have any questions in regard to the information contained in this report, please write us. Enclosure cc: Suburban Engineering, Inc. Yours very truly, Fre erick F. Heisel, Director Division of Environmental Health L'ITT 'OF FNIDLET 0431 U�YIVOMIT,YAK.M.E, E C E V E D 1 PM �'i�i�ilUill1121112,3,41516 MINNESOTA DEPARTMENT OF HEALTH Division of Environmental Health REPORT OLT PLANS Plans and Specifications on Rater Maine Location Pridley Date Examined April 6, 1971 Prepared and submitted by Suburban Engineering, Inc., 6875 Highway Bo. 65 R.B.. Minneapolis9 Tannesota 55432 Date Received April 19 1971 Plan File No. 8-5298 Owne: ship - Municipal Scope - This report covers the design of this project insofar as the safety and sanitary quality of the water for public consumption may be affected, and applies to this project only and not to the entire system or any other part thereof. The project (Phase III) consists of installing approximately 19415 lineal feet of 6 -inch cast iron nater main to serve the Georgeto n Court Apartments. It is under- stood tiaat the i:istallta.tion will be in accordance vO th previously approved specifi- cations. Compliance - NO CONSTRUCTION SHALL TAKE PLACE EXCEPT IN ACCORDANCE WITH THE APPROVED PLANS. If it is desired to make deviations from the approved plans, the State Department of Health should be consulted and approval of the changes obtained before construction is started; otherwise, such construction is installed without proper approval, and in addition may create dangers to public health. Conclusion The plans and specifications on this waterworks project are in general accordance with the requirements of the Minnesota Department of Health, and are recommended for approval with the understanding as stated in the preceding paragraphs, and with the usual reservations as stated on the appended sheet entitled, "Information Relative to Plan Examination." Paul B. Johnson, Chief Section .of 'eater Surply and General Engineering 1 MINNESOTA DEPARTMENT OF HEALTH Division of Environmental Health Information Relative to Plan Examination The examination of plans and specifications for water supply and sewerage sys- tems (Regulation MHD 111(a)), plumbing systems (Regulation MHD 113(a)(1)), and swimming pools (Regulation MHD 111(b)), is made to provide information concerning the sanitary features of projects .presented for consideration in accordance with the above regulations of the State Board of Health. The approval of such plans is given upon the supposition that the survey and other data on which the design is based are correct, and that necessary legal authority has been obtained to construct the project. The responsibility for the design of struc- tural features and the efficiency of equipment must be taken by the engineer or architect who designs the project. Water supply plans are examined with regard to the location, construction and operational features of the design and maintenance of all parts of the system which may affect the safety and sanitary quality of the water. Examination is based on the standards of this Department. Plans of sewage disposal systems considered by this Department are limited to those systoms that can utilize soil absorption. They are examined with regard to the features of design which concern location, construction, operation and maintenance of the system and which may affect the public health. The examina- tion is based upon the bulletins entitled, "Tentative Standards for Design of Small Sewage Works," July 1962, and the recommended "Ordinance and Code Regulating Individual Sewage Disposal Systems," 1969• Plans on plumbing systems are examined only insofar as the provisions of the Minnesota Plumbing Code apply. Swimming pool plans are examined with regard to the features of location and design which may affect the safety and sanitary quality of the water for public bathing. The examination is based upon the standards contained in the Manual of Swimming and Wading Pool Sanitation. The State Board of Health reserves the right to withdraw its approval of plans if construction of the project is not undertaken within a period of two years. The fact that plans have been approved by the State Board of Health does not necessarily mean that recommendations for alterations or additions may not be offered at some later time when changed conditions or advanced knowledge make improvements necessary. CR XY MERr,I-L-:fis 110WARD A. AIIDL"RJCN. M.D.. CIIAmMAII. ROC►I I:0TE11 r. WAYNC PACKARD. VICE CIIAIRItAN. MINIII.APOLIS MILTON J. FELLOWS. WORTHINGTON HAROLD FIELD. JR. MINNEAPOLIS S7EVI. J. GADLER. P.C. ST. PAUL �1ACE Y. HARRIS, CLOOULT 110MCN C. LUICK. MINNEAPOLIS DALL' W. OLLCN. PH.D. DULUTH ROLICRT C. TUVESOIJ. ALDERT LEA i�'�(�C.j• t •• "r. � .i..Ll tp� STATE OF M! NN'I�,SO l A GRANT J. MERRITT • _ RXECUTIVC DIRECTOR POLLUTION CONTROL AGENCY 717 DELAWARE STRE[;T S•1_. (OAK AND DM AWARC CTrILI ETO C.C.) MINNEAPOLIS U5440 612-370-1320 October 20, 1971 City Council of Fridley c/o, Mr. Marvin Er. unsel.l, Clerk City Hall Fridley, W 55432 Dear Mr. Brunsell: B''nclosed.i's a copy of permit 7045 for construction and operation of a sanitary sewer extension in Fridley. Val.:i•dation of the permit by the AQ) 'V ill be recommended at the next regularly scheduled meeting. One set of the' approved plans is being returned to you for your files. Please r. evi*,cw the permit carefully and let us Imow if you have any ques•- tions concerning it. yours very truly, / C. A. Johannes, Acting Director Division of 'Tater Quality CAJ/GOP:ms cc: Suburb�ln En0mccrillp, Company II. J. McPhee, 1•i.D,, Health Off-i.ccr, Mr.. Franic L mail, Mc'(.r. opol.itan Council. Mr. Richard DoLigherty, Metropolitan Se�,er Doard. PM1IT FOR CONSTRUCTION AND OPERATION OF DISPOSAL SYSTM Fridley Pursuant.to authorization by the Minnesota. Pollution -Control Agency, and in accordance_r:ith the provisions of. Minnesota -statutes, 1969, chapters 115 and 116, plans are approved and a permit is hereby. granted. to. the village of Fridley for construction and operation of a sanitary sewer extension and lift station with force main in Fridley subject to the conditions given below. The' facilities consist. of approximately 750_feet of _8 inch sanitary sez'rer; 350 feet of 4 inch force ma'ui and a lift station containing dual pumps, each capable of. delivering 120 GRA against a total. dynamic head of 24.5 feet. - The facilities are further described in plans and specif:i.cations designated "Georgetot•m Court Apartments, City of Fridley, Phase III, Anoka Coun'cy, " received on April 1., 3.971. GENERAL COINDITIOIJS .1. This permit shall. not release the permittee from any 2.1 -ability or obligation imposed by Minnesota or federal. statutes or local. ordinances -and shall remain in force subject to all conditions and limitations now or hereafter imposed by law. The permit shalt be permissive only and shall not be con- strued as estopping or limiting any claims against the permittec for damage or injury to persons or property, or any Platers of th-- state resulting from any acts, operations, or omissions of the permittee, its agonts, contractors or assigns, nor as estopping or limiting any legal. claim of the state against the permittee, its agents, contractors or assigns for damage to state property, or for any violation of the terms or conditions of this permit. 2. No assignment of this pori -nit shall be effective until. it is executed in writing and signed by the parties thereto and thereafter approved by the Agency. 3. No major alterations or additions to the disposal systems shall be made without the written consent, of the Agency. I:.. Tho use of the d-i.spo:,ol sy,;te-M shall. be limited to the treati:: ent and/o,, disposal of the sc:ira ;e, inc'ustri.al. i'rast.e or otlu:r waste mater:i.;il.s or substrmres described in the plans and/or pern'li.t application and associated material filed with the Agency. 5. This per -int i_s subject without public hearing to modification or HOWA►:D A. !'.RUCrorN. M.D.. CIIAMMAN. t� //! '.4-� F. WAYNC IV.CKArU, PICC CHAIRMAN, .:.�-,�• tJj'. �[rir:iC. .MILTON J. FL"LLOWG,•••=- "'•'',� WORTIIINGTOII .V�M...r'✓"•. . HAROLD YIELD. JR. NINNEAPOL1+ G'j' 'j" ^ j jC'C ''{ /� GRANT J. MERRITT /� E O M I NI M, L..SO I A STEVE' J. GADLER, P.E. V • • [XECUTIYL DIRECTOR AUL POLL.v'rm CON'rR01. AGENCY. MACETVPHARRIS. CLOQUL'T HOMER C. LUICK. 717 DEL.AWARC STREET S.E. MINNCAPOLls DALE W. OLSEII. P11.13. Y (OAK AND DELAWARE GTRLETO O.F.) DULUTH MINNEAPOLIS 55/40 RODCRT C. TUVESON. ALBERT LCA 161? -.378.;320 PM1IT FOR CONSTRUCTION AND OPERATION OF DISPOSAL SYSTM Fridley Pursuant.to authorization by the Minnesota. Pollution -Control Agency, and in accordance_r:ith the provisions of. Minnesota -statutes, 1969, chapters 115 and 116, plans are approved and a permit is hereby. granted. to. the village of Fridley for construction and operation of a sanitary sewer extension and lift station with force main in Fridley subject to the conditions given below. The' facilities consist. of approximately 750_feet of _8 inch sanitary sez'rer; 350 feet of 4 inch force ma'ui and a lift station containing dual pumps, each capable of. delivering 120 GRA against a total. dynamic head of 24.5 feet. - The facilities are further described in plans and specif:i.cations designated "Georgetot•m Court Apartments, City of Fridley, Phase III, Anoka Coun'cy, " received on April 1., 3.971. GENERAL COINDITIOIJS .1. This permit shall. not release the permittee from any 2.1 -ability or obligation imposed by Minnesota or federal. statutes or local. ordinances -and shall remain in force subject to all conditions and limitations now or hereafter imposed by law. The permit shalt be permissive only and shall not be con- strued as estopping or limiting any claims against the permittec for damage or injury to persons or property, or any Platers of th-- state resulting from any acts, operations, or omissions of the permittee, its agonts, contractors or assigns, nor as estopping or limiting any legal. claim of the state against the permittee, its agents, contractors or assigns for damage to state property, or for any violation of the terms or conditions of this permit. 2. No assignment of this pori -nit shall be effective until. it is executed in writing and signed by the parties thereto and thereafter approved by the Agency. 3. No major alterations or additions to the disposal systems shall be made without the written consent, of the Agency. I:.. Tho use of the d-i.spo:,ol sy,;te-M shall. be limited to the treati:: ent and/o,, disposal of the sc:ira ;e, inc'ustri.al. i'rast.e or otlu:r waste mater:i.;il.s or substrmres described in the plans and/or pern'li.t application and associated material filed with the Agency. 5. This per -int i_s subject without public hearing to modification or revocation, and may be suspended at any time for failure to comply with the terms stated herein or the provisions of any applicable regulations or standards or other valid permits of the Agency or its predecessor, and is issued with the understanding that it does not estop subsequent establishment of further requirements for treatment or control •of sewage, industrial urastes or other wastes at any time by insertion of appropriate additional clauses herein at the discretion of the Agency if it is considered necessary in order to prevent or reduce possible pollution of the environment. 6. The permittee* or assigns shall defend, indemnify and hold harmless the State of Minnesota, its officers, agents and employees, officially and personally, against any and all actions, claims or demands iihatsoever which may arise from or on account of the issuance of this permit, or the construc- tion or maintenance of any facilities hereunder. 7. The plans for the project have been approved with the reservations stated on the attached sheet entitled "Information Relative to Review of Plans and Permit Applications." Permit No.� 70115 Datod .^ � October 20 1.971 -� C. A. Johannbs, Acting Director Division o% {dater Quality PFII7�1 F:F) ON 1007E FWCYCLUD PAPER Minnesota Pollution Control Agency Division of Water Quality INFOlOVerION RELt.IfIV1: TO Rc" VOf OF PLANS A14D PE@4N APPLIC&IONS February 1969 The review of plans and specifications for sewage, industrial waste or other waste disposal systems And applications for permits for the same, is ma& :bi accordance with the authority conferred by law (see MS Section 11$.07). Approval of plans and permits is based upon the assumption that the information provided by the applicant is correct, and that all other necessary legal re— quirements have been or will be satisfied. Plans for sewage, industrial waste or other waste disposal, systems are examined with regard to the design features which apply to operation and main— tenance of the treatment urorks or sewer system, the degree of treatment to be provided, the effectiveness and reliability of the system or methods employed, and compliance with applicable standards of duality and purity for ~raters of the state or effluents of disposal systems. The bulletins entitled Recommended Staridarcis for Setrrne°Jona, 196£3 edition, and Tentative Standards for Desmon Of Shall. Secrage Works, July 1962, as Vrell as other memoranda are used as a guide in exarninat:ion of the design, oper)tion and maintenanco aspects of the proposed system. Sewer plans are reconunended for approval on the basis that tha system is to collect only domestic selrage and such industrial or other waste as may have been provided for in the design. Fowidation or footing drains to collect ground water and roof drains or other surface. water coi)�ili.t:s should not be connected to the sanitary* sei:er systelr,. Adequ^te field supervision and inspection by qualified representatives of the oumer shoid.d be provided at all tinges during construction to assure that the project is constructed in co;:tpliance urith the approved plans and specifications. The Agency assuncs no responsibility for the integrity of structures or physical featlires, or for the reliability, durability or efficiency of specific items of propriety equ_ip,.ient or na'Clerial.. All applicable federal, state and local. lairs, regulations or ordinances must be fol.lo red in the design, location, and con;;truction of proposed sc!i•rc:r• systc.ais or• treatrnciit works. The Agency reserves the r3_ght to irithd.ra;a its approval_ of plans if col)-- struction is not widcr;,aken. l•ri.tbii) <r roason :ble period after issuance of tho Permit. 1.11'CA 23.1 F-, ,. r, PA m%xc Suburban Engineering, Inc. lain Office 6879 A-9hway ✓[o. 65 .n. 05 Jclinneapolis, ainnesota 55432 784-6o66 City of Fridley 6431 University Ave. N.E. Fridley, Minnesota 55432 Attn: Darrel Clark Dear Darrel: Soulh office moi est Burnsville Crosstown Butnsville, —chln,nesola 55378 890-6510 Associates NAnt 31indel, _R,q. Eng,. CWM. a Ansen, Reg. Urngt. -Btuce A. _Latekson, Reg• engt. e. A. (Bud) -'RaAbun, -'Reg. Surveyot Ovil & ._/1lunicipal C.ngineeting -.Cand Sulveyols and banning Soil 9esting March 12, 1971 Re: Georgetown Court Phase III Lift Station After several conversations with Fadden Pump Company and yourself, it is our recommendation that a Smith and Loveless 6'6" station with two 2 horse power pumps be utilized in the above location. This is a standard wet well, dry well lift station. The amount of flow to be expected at this location is above the economical range for the ejector type pumps, which would require 5 horse power motors, and would be more expensive. We would appreciate a conformation of this choice at the earliest time possible to facilitate completion of the plans. Thank you. Very truly yours, SUBURBAN ENGINEERING, INC. William K. Meyer, P.E. WKM:mlz ....,... BODY OF SPECS REPRODUCED BY PERMISSION OF FADDEN PUMP CO. • coI , ory t5a't . tOJcc,,rt rq� r.`, J r•,....'e? 1'..? dup"r. ..c ta Poll uflo v tr`� t�3 11', 1.1 trr-'moo ` SPECIFICATIONS . FACTORY -BUILT PUMPING STATION GENERAL The contractor shall furnish and install one "Econo-Flo" factory -built, automatic pumping station as manufactured by Smith & Loveless, Division -Union Tank Car. Company, Lenexa, Kansas. The station shall be complete with all needed equip- ment factory -installed in a welded steel chamber with welded steel entrance tube and with ladder to provide access. The principal items of equipment shall include two vertical, line mounted, motor driven, non -clog sewage pumps; valves; internal piping; central control panel with circuit breakers; motor starters and automatic pumping level controls; lighting; sump pump; ventilator; dehumidifier and all internal wiring. OPERATING CONDITIONS Each pump shall be capable of delivering 120 GPM of raw, unscreened sewage against a total dynamic head of 24 .5 feet. The maximum allowable speed shall be 1170 RPM. The minimum rated horsepower of each pump ' motor shall be 2 H. P. , All openings and passages shall be large enough topermit the passage of a sphere 311 in diameter and any trash or stringy material which can pass through a 4t1 - house collection system. The anticipated operating head range is from 20.0 _ feet minimum to 25.0 feet maximum. PUMP CHAMBER The station shall be built by the Manufacturer in twomajor sections, consisting of the pump chamber and the required section (s) of entrance tube,. for ease in a hipment and. handling. These sectio shall be joined at the job site-b.ywelding. • • • I . . tY �I .. ��rr •'� .r•, •'I ~•1•. ..Irr .'�.... .• • ` Ii.•, a... �yh ••. •� . ...t�. ':. �, .t .�1'. ii`. ,••i •ii(� +t.i /;Y �1_�).'ri: '• �rj�.. x.1:1'1• .. •. 1• ' :�� '�. . ni iY r��e}••fir .f .\: �.a �. 1 !.�•�{; �i�� 1• . `r - � ....`�' • ,. .'! ....'�:. ,:'y, .' � �,r•1?. .•. ...,:i:.1 Yr.'t � ..:l:L.A''. '.•t: �. I: "a1' .. .. •r .' The field joint shall then be cleaned and heavily coated with "Versapox" epoxy resin, provided by the Manufacturer. The pump chamber shall contain all pumps and other equipment and shall be a vertical cylinder of circular cross-section with shell of ASTM A-36 steel plate, and nominaloutside diameter of 616". The top and the bottom of the station shall be ASTM 283 Grade C steel flanged and ' dished heads welded to the station..shell. „s The exterior of the station shall be designed so that all welds exposed to ground water after installation are continuous throughout their length so that water cannot seep between uncoated steel surfaces and cause corrosion. In addition, the structure shall be designed so that sharp corners and similar difficult to coat conditions are held to an absolute minimum. The thickness of the steel cylinder and of the domed heads shall be determined by the structural requirements for the depth of bury involved and shall be a minimum of 3/16" unless heavier steel is required due to depth of bury. It shall be the responsibility of the manufacturer to determine the structural requirements of the shell based on the external loads specified on the plans. 'Lifting eyes adequate to support the entire weight of the completed chamber shall be provided and welded to the station head. Tie down loops for anchoring the station to the slab shall be provided on the bottom of the station and additional tie down loops shall be provided for anchoring the discharge line at the point it leaves the station. Lifting loops shall also be located on the ceiling of the pump station over each pump at an adequate height to pe rmit a hoist to be used for pump . disassembly. A 20" diameter by 8" deep sump with walls of 3/16" structural -grade steel plate shall be provided in the center of the station. Where the cast iron suction and discharge lines pass through the station walls, they shall be reinforced with 3/16" thick steel sleeves, welded inside and out to the station wall. The space between the cast iron pipes and the steel sleeves shall be packed tight with Portland Cement grout containing Embecco aggregate to prevent leakage. ENTRANCE TUBE The entrance tube shall be provided in one or more sections as required and shall be a 36" diameter vertical cylinder of ASTM A-36 structural grade steel plate. The length shall be adequate to place the cover above the surrounding ground and any anticipated local flooding. The entrance tube shall be adequately stiffened and the field joints arranged so that the joint may be welded from the outside of the tube with all welding being performed in a down -hand position. The bottom of the tube shall be attached to an angle, shop welded, to the head of the pump station. This field joint shall also be weldable in the down -hand position. Two lifting loops shall be provided on each section of entrance tube for handling and installation. The entrance tube cover shall be of fiber glass reinforced plastic and shall have a reflective color to reduce heat absorption. The cover shall have a suitable drip lip around the edge and shall be provided with a weather-proof lock of the pin tumbler type which can be opene(' :rom the inside without a key. The lock shall be self locking upon slammirq; the lid. The fiberglass cover shall be fastened to a steel ladder having two rungs which form an extension of the access ladder when the cover is latched in the open position. The steel ladder shall act as the cover hinge and a latch mechanism shall be provided to keep the cover open under any normal load. A continuous -mold neoprene gasket shall be pro- vided on the top of the tube to seal the cover and protect the top edge of the entrance tube. The access ladder shall have rungs of 1" outside diameter, aluminumtube spaced. on 12" centers. The side rails of the ladder shall be 3" x 4" rectangular steel tubingwhich shall also serve as air ducts for the station ventilation system. The. --r ladder rungs shall be installed between the,side rails so that the support of the,.: operator is not dependent upon a weld in shear. The ladder section in the entrance tube shall be lined up accurately with the section in the pump chamber by self -aligning projections. Neoprene rubber sleeves shall be provided to seal the joint between the adjoining vent sections. WELDING All steel in the station structure shall be joined by electric arc welding with fillets of adequate section-Ior the joint involved. All welds on the exterior the station shall be 'continuous welds through their length and shall prevent the entry of water between uncoated steel surfaces or into the station. PROTECTION AGAINST CORROSION After welding, all inside and outside surfaces of the structure shall be blasted with steel grit, to remove rust, mill scale, weld slag, etc. All weld spatter and' surface roughness shall be removed by grinding. Immediately following cleaning, a single heavy inert coating shall be factory applied to all inside and outside surfaces prior to shipment. This coating shall be of "Versapox" epoxy resin, especially formulated by Smith & Loveless for abrasion and corrosion resistance. The dry coating shall contain a minimum of 85% epoxy resin with the balance being pigments and thixotropic agents. A touch-up kit shall be provided for repair of any mars or scratches occuring during installation. This kit shall contain detailed instructions for use and shall be a material which is compatible with the, original coating. ' ` The touch-up coating shall contain a minimum of 8576epoxy resin. Two 17 -pound magnesium anode packs shall be provided for cathodic protection. The anode packs shall be provided with minimum 6' long insulated copper leads. Copper lugs shall be provided by the Manufacturer on opposite sides of the station for anode con- nections. A heavy synthetic rubber mat shall be cemented to the station floor , plates to protect the steel floor from abrasion. PUMPS The pumps shall be vertical line mounted "Non -Clog" sewage pumps of heavy cast iron construction especially designed for the use of mechanical seals. In order to minimize seal wear caused by lineal movement of the shaft, the shaft bearing nearest the pump impeller shall be locked in place so that thermal ex- pansion of the shaft is held to a minimum and so that end play is limited to the clearance within the bearing. To minimize seal wear resulting from shaft de- flection in the mechanical seal caused by the radial thrust at the cutwater of the pump, the shaft shall be a minimum of 1-7/8" diameter from the top of the im- peller through the pump or motor bearings supporting the impeller. The di- mension from the lowest bearing to the top of the impeller shall not exceed 6". The bearing nearest the impeller shall be designed for the combined thrust'and .' radial load for a B-10 life of 8800 hours when the pump is operating continuously at a flow rate of 100 gallons per minute at the total dynamic head developable by . the impeller which will meet the operating conditions given in these specifications. The upper bearing shall be free to move lineally with the thermal expansion of the shaft and shallbe designed for radial load only and for a B-10 life of 8800 hours. In calculating bearing life, no credit shall be assumed for the use of vacuum de- gassed steel. The shaft shall be a solid one piece stainless steel shaft through the pump and both bearings to eliminate corrosion within the pump or the mechanical seal. Removable shaft sleeves will not be acceptable unless the solid shaft under the sleeve meets the specified minimum diameter. The pump impeller shall be of the enclosed type made of close -grained cast iron. and shall be balanced. The impeller shall be keyed and secured to the motor - pump shaft by a stainless steel cap screw equipped with a "Nylock" or other suitable self-locking device. The .impeller shall not be screwed or pinned to the motor -pump shaft and shall be readily removable without the use of special tools. To prevent the buildup of stringy materials, grit and other foreign particles around the pump shaft, all impellers less than full diameter shall be trimmed inside the impeller shroud. The shroud shall remain full diameter so that close$ minimum clearance from shroud to volute is maintained. Both the end of the shaft and the bore of the impeller shall be tapered to permit easy removal of the impeller from the shaft. The pump shaft shall be sealed against leakage by a double mechanical seal, r installed in a bronze seal housing constructed in two sections with registered fit. The housing shall be recessedinto the pumpbackhead and securely fastened thereto with stainless steel cap screws. The inside of the seal housing shall be tapered to facilitate the replacement of the seal parts. The seal shall be 'of double carbon and ceramic construction, with the mating surfaces lapped to a flatness tolerance of one light band. The rotating ceramics shall be held in mating position with the stationary carbons by a stainless steel spring. The seal housing, with assembled parts, shall be so constructed as to be readily removable from the shaft as a unit and shall be providedwith tapped jack -screw openings to assist in removing it from the backhead. The seal shall be pressurized and lubricated by water taken directly from the pump backhead through a filter to the seal housing and introduced between the upper and lower sealing surfaces. The filters shall be of corrosion resistant materials and shall screen out all solids larger than 50 microns. The seal system shall contain a brass valve connected near the top of the seal housing to permit the relief of any .air trapped in the seal unit. A manually operated brass valve shall also be provided to vent the pump volute. The pump shall be supported by fabricated steel brackets welded to the bottom head and bolted to the pump suction and discharge nozzle flanges. The height shall be sufficient to permit the use of an increasing suction elbow which shall be provided when the nominal pump size is smaller than the suction line. The suction and discharge openings shall be flanged, faced and drilled 125 -pound American Standard. MOTORS The pump motors shall be specially built NEMA P base, open drip -proof in- duction type, suitable for 3 phase, 60 cycle, 220 volt electric current. They shall have normal starting torque and low -starting -current, as specified for NEMA Design B characteristics. The motors shall not be over- loaded at the design condition, nor at any head in the operating range as specified under "Operating Conditions. " The motor shall be fitted with heavy lifting eyes, each capable of supporting the entire weight of the pump and motor. A special varnish treatment shall be appliedto the stator windings and rust pre- ventative compounds shall be used to coat the rotor and stator air gap surfaces and protect the.motor against corrosion. ` .CONTROL The control equipment shall be mounted in a NEMA Type 1 steel dead front enclosure. The enclosure shall have a hinged door on which shall be mounted the thermostat, humidistat and blower timer. The circuit breakers, overload reset buttons, and control switches shall be operable without opening the door.-. The pressure switches shall be mounted on the side of the control and shall be adjustable without removing the cover. A grounding type convenience duplex outlet shall be provided for operation of 115 volt A. C. auxiliary devices. Thermal magnetic air circuit breakers shall be provided for branch disconnect service and short circuit protection of all motor control, and auxiliary circuits. Magnetic across -the -line starters with under -voltage release and overload coils for each phase shall be provided for each pumpmotor to give positive protection against single phasing. Each single phase auxiliary motor shall be equipped with an over -current protection device, in addition to its branch circuit breaker or shall be impedance protected. All switches shall be labeled and a color - coded wiring diagram shall be provided. To control the operation of the pumps with variations of sewage level in the wet well, an air -bubbler system shall be provided, complete with two air com- pressors, flow indicator, bubbler line to the wet well and a sensitive pressure switch for each pump. The two air compressors shall be of the close -coupled, oil -less type. Each compressor shall have a minimum capacity of 0. 2 cubic feet of free air per minute at 10 p. s. i. It shall incorporate a single, phase, 60 cycle, 115 volt drip -proof, brushless type, electric motor. The air compressors will alternate simultaneously with the alternation of the pumps. The pressure switches shall be of the mercury -tube type, with sensitive pressure elements and independent high and low adjustments for each pump capable of a minimum differential of 18" of water. An automatic. alternator with manual -"ON-OFF" switch shall be provided to change the sequence of operation of the pumps on the completion of each pumping cycle. Provisions shall also be made for the pumps to operate in parallel, should the level in the wet well continue to rise above the starting level for the low-level pump. For the convenience of the operator and service man and to contribute to the cleanliness of the station, a chrome -plated, drawer type ash tray shall be fur- nished at the bottom of the control panel, and a polyethylene trash container shall be provided. ' ,r DEHUMIDIFIER AND VENTILATING BLOWER A dehumidifier assembly with hermetically sealed Freon refrigeration type., compressor, expansion coil, fan and condenser coil shall be furnished to main- : tain the relative humidity of the air in the pump chamber low enough to keep, the electrical equipment dry and to prevent condensation on the' walla. The moisture removing capability of the dehumidifier will vary with the temp- erature and relative humidity within the station. The capacity at 800 F. and. 90% relative humidity shall be 21 pints per day. The dehumidifier shall be con-, trolled automatically by an adjustable humidistat and low air temperature cut- out with contacts of adequate capacity for the dehumidifier motor. The dehumidifier shall be housed in a heavy, steel enclosure behind the ladder. The condensate shall be drained to the sump. Fresh air shall be drawn into the' pump chamber through an air -inlet vent line which forms the right side rail of the ladder. A ventilating blower, mounted on the left ladder rail shall draw air from the station 18" above the floor and shall discharge it through the vent line forming the left side rail of the ladder. The squirrel -cage, high -efficiency type blower shall be controlled by a 10 -minute cycle timer with a range of 0 to, 100% so as to provide essentially continuous ventilation without exceeding the capabilities of the dehumidifier. When the entrance cover is raised, the lights and ventilating blower shall be turned on automaticallyby a spring operated entrance switchmounted justunder the cover. A manual switch shall be mounted in the side of the duct just below, the spring operated switchfor operation of the lights and ventilating blower with the cover closed. The steel vent lines shall have suitable covers toprevent the entrance of rain or snow and screened openings to prevent the entrance of rocks or other foreign matter. LIGHTING Adequate lighting, consisting of a twin 20watt fluorescent lamp fixture shall be provided for the convenience and safety of the operator. The lighting shall pro- vide illumination for all areas in the station. The lighting shall be controlled by the spring -operated entrance switch 4nd a manual switch located at the top of the personnel entrance tube. The spring -operated switch shall turn the lights on automatically when the entrance lid is raised. The manual switch shall main- tain the .lighting circuit when the lid is closed in inclement weather. SUMP PUMP A submersible sump pump with close -coupled, verticalmotor shall be installed in the sump. It shall have a minimum capacity of 1000 GPH at design head. The design head this pump will operate against is the static head from the sump to 3' below grade, plus allowance for pipe frictionboth inside and outside the pump chamber. A mechanical seal on the shaft shall exclude water from the motor housing. The sump pump shall be controlled automatically by a built-in float switch, capable of operation on a 5" differential. It shall discharge into the wet well through a 1-1/4" galvanized steel pipe, with two check valves and a gate valve within the sump chamber. An enclosure of 1/411 galvanized steel mesh shall surround the sump and the sump pump to keep out debris. PIPING Pump suction lines shall be (411) , Class 150, cast iron pipe with mechanical joint bell outside the pump chamber and with bronze -fitted, double -disc gate Valve inside the chamber. The discharge line from each pump shall be fitted with a bronze -fitted check valve and a (41.') bronze -fitted, double -disc. gate valve. The check valve shall be of the spring-loaded lever type so that the clapper can be lifted to backflush the pump and suction line. The check valves shall have stainless steel shafts with double "O" rings and grease fittings at both ends where the shaft passes through the body of the valve. The common discharge pipe and the discharge outlet shall be (4") , Class 150, castiron pipewith a mechanical . joint bell just outside the pump chamber. The airbubbler line furnished bythe station Manufacturer in the station shall be 1/211 nominal tubing, terminating in a fitting in the entrance tube to accept the 3/4" piping extending to the wet well. An angle bracket shall be welded to the outside of the chamber, just over the bubbler line connection, to receive a 3" x 3" x 1/411 angle brace to protect the ,bubbler line. A return loop in the bubbler line shall be provided to protect the station from flooding and a valve shall be provided to bleed off condensate accumulation in the air -bubbler system. All steel pipe in contact with the soil or with the sewage shall be field -coated with one coat of "Versapox" epoxy resin after installation. WIRING The pump station shall be completelywired at the factory, except for the power feeder lines. All wiring in the pump station shall be color -coded as indicated on the wiring diagram. All wiring outside the panel shall be in conduit, except for 115 volt accessory items which are providedwith connecting insulated service cord by the Manufacturer. The Manufacturer shall provide conduit from the control panel across the ceiling, and up the entrance tube to receive the feeder lines. The conduit shall terminate in a threaded conduit connection through the wall of the entrance tube above ground level. ; Accessory items such as the sump pump, dehumidifier and air compressor shall be plugged into polarized, grounded convenience outlets, located close to their 'installed position so that such items can be readily removed and serviced if necessary. FACTORY TESTS All components of the pump station shall be given an operational test of all equip- ment at the factory to check for excessive vibration, for leaks in all piping or seals and for correct operation of the automatic control system and all auxiliary equipment. The pump suction and discharge lines shall be coupled to a reservoir and the pumps shall recirculate water for at least one hour under simulated service conditions. The automatic control shall be adjusted to start and stop. the pumps at .approximately the levels required by the job conditions.. SPARE PARTS A complete replacement pump shaft seal assembly shall be furnishedwith each. lift station. • The spare seal shall be securely fastened to the control panel and shall include complete installation instructions. A spare volute gasket shall be. provided. A spare filter cone for the seal filter shall also be provided, in the. same container as the pump shaft seal. INSTALLATION AND OPERATING INSTRUCTIONS •r Installation of the pump chamber, entrance tube and related appurtenences shall. be done in accordance with written instructions provided by the Manufacturer. . These instructions shall be securely attached to and readily visible -on the out- side of the main chamber of the pump station. A convenient Maintenance and Operating Instruction Chart and Daily Maintenance Inspection Record Chart, 'with ample -room for recording daily inspections of the pump station, shall be securely mounted on the. interior wall. of the. main pump chamber. In addition to the Maintenance and Operating Chart, the Manufacturer shall further provide a complete and detailed Operating and Maintenance Manual. This Manual shall cover, in addition to general operating procedures, the oper- ation, maintenance and servicing procedures of the major individual components provided with the pump station. This Manual shall be shipped with the pump station. The Manufacturer shall further provide the services of a factory -trained repre- sentative for a maximum period of one day to perform initial start-up of the pump station and to instruct the owner's operating personnel. in the operation and :maintenance of the equipment provided by them. EXPERIENCE AND WORKMANSHIP The pump station shall be the product of a Manufacturer with a minimum of five years of experience in the design and building of such automatic, factory -built, underground pump stations and all workmanship and materials throughout shall be of the highest quality. MANUFACTURED EQUIPMENT In these specifications and on accompanying drawings there are specified and shown certain equipment and materials most suitable for the service anticipated. This is not done, however, to eliminate others equally as good and efficient. The contractor shall prepare his bid on the basis of the particular equipment and materials specified for the purposes of determining the low bid. Any substitution of makes other than those na.-med inthe specifications will be considered for one reason only: That the equipment. proposed for substitution is superior or equal in construction and/or efficiency to that named in the specifications and that high quality has been demonstrated by at least five years of service in similar installations. If prior to the execution of the contract the engineer's approval is obtained for alternate equipment the contractor shall, at his own expense, make any changes in the structures, building, piping or electrical necessary to accommodate the equipment and if engineering is required due to substitution of other material the contractor shall pay the engineer for the engineering service. It will be assumed that the cost to the contractor of the equipment proposed to: be substituted is less than the equipment named in the specifications and if the substitution is approved, the contractor's bid price shall be reduced by an amount equal to the net so.vings. Substitution of equipment other than that specified and shown will not be con- sidered after the execution of the contract. GUARANTEE The Manufacturer of the lift station shall guarantee for one year from date of shipment that the structure and all equipment will be free from defects in de- sign, material and workmanship. Warranties and guarantees by the suppliers of various components in lieu of a single source responsibility by the Manufacturer will not be accepted. The Manufacturer shall assume prime responsibility for the guarantee of the station, and all components. In the event a component fails to perform as specifiedor is proven defective in service during the guarantee period, the Manufacturer shall provide a replace- ment part without cost to the owner. He shall further provide, without cost, such labor as may be required to replace, repair or modify major components. such as the station structure, pumps, pump motors, sewage piping manifold, etc. After start-up service has beenperformed, the labor to replace accessory items, such as dehumidifier, sump pump, alternator, etc. , shall be the re- sponsibility of others. The replacement or repair (including cost of parts and labor) of those. items normally consumed in service, such as pump seals, fluorescent tubes, oil grease, etc. , shall be considered as part of routine maintenance and station upkeep. It is not intended that the Manufacturer assume responsibility for contingent liabilities or consequential damages of any nature resulting from defects in de- sign, material, workmanship or delays in delivery, replacement or otherwise. ALARM SYSTEMS High Wetwell Level - An adjustable mercury tube type, pressure switch shall be provided to sense a high water level condition. The switch shall be connected to the bubbler line and shall activate a contact to indicate the high water condition. A waterproof bracket fixture for -100 watC. limp shall be supplied. The fixture shall be' provided with a red enclosing glass globe and a metal globe guard and shall be suitable for operation with 115 V AC power. ELECTRIC HEATER A 1320 X 1650 watt, dual range, electric heater with automatic recirculating fan, thermostat control and an on-off control switch to be provided. The heater is to operate from the AC outlet in the control panel. x,a,�X.� REGULAR COUNCIL MEETING OF OCTOBER 2, 1972 (�.fj) '-E 2 Mr. Filister said that his property is fi.nanced by three different companies. Each mortgage company wants to own the land on which the structure sits. He would like also to have the assessments split. As it is now all the assessments are on one parcel of land, naturally the mortgage company does not approve of that. Mayor Liebl asked if he was the owner and Mr. Filister replied yes, sole owner. W '`'� Mayor Liebl said that in regard to the City taking over the maintenance of the utilities, he could not agree with that, however, as far as his registered land survey is concerned, he would have no objections, as long as it is properly drawn. He asked the City Engineer why this has been held back. The City Engineer said that this item has been considered by Council a number of times. He and the City Attorney were directed by the'Council to meet with Mr. Filister and his attorney to try to resolve the problems. He did meet with Mr. Filister and his attorney and the items the City is requesting of Mr. Filister and those Nr. Filister is requesting of the City were discussed. Mr. Filister's attorney recommended that Hr. Filister grant the City's request, the:; Mr. Filister said that he had better get himself another lawyer. The City Engineer said that he has not discussed this with him since then. Mayor Liebl said that he did not believe that either Mr. Filister or the City should use something like this as leverage. Mr. Filister is a tax payer in the City and if the Council asked his cooperation for the benefit of his property, he should give it. There should be mutual cooperation and working together to solve this problem. He could see no reason this survey should be held in abeyance and that he would recommend granting approval, providing the survey is proper in all engineering aspects. Mr. Filister commented that these were the nicest words he has heard for many years from the Council. He had always considered withholding approval as blackmail so the City could get what they wanted, and this is the first time he has heard something that sounds reasonable. He said if the Council will work with him, he will surely work with them. Councilman Breider said that he understood Mr. Filister's problem, and the City's problem, but he was not sure what was talked about at the meetings between the City Engineer and Mr. Filister. He said he did not think the Visitors section is the proper time to consider a registered land survey, this is an Agenda -type item, and he would like it placed on the Agenda for a regular meeting. He said he would like all the background material furnished also, to refresh them on what has happened in the past. If there is a problem with this survey he would like it on the Agenda until it is resolved. The Visitors section is only a 15 minute time period to gear complaints etc., and for non - agenda type items. Mr. Filister said there was no problem with the survey, he considered the problems brought up by the City Engineer to have absolutely nothing to do with the survey and were -another matter entirely. The City Engineer explained that one of the items needing a solution is that Mr. Filister and the City would like a signal at the exit of the Georgetowns onto $#IX fiver Road, The problem is that it is difficult to justify a signal for on cvmplea, therefore the plan is to connect onto the property to the north, bripg those c$rs down to the signal, thereby providing more justification to the County for the semaphore. TQ Implement this plan, right of way is needed from r,-,..Filister, which he has refused to give. Another problem is that Mr. i4 -lister would like to turn over some of his utilities to the City. The City THE MINUTES OF THE BOARD OF APPEALS MEETING OF MARCH 27, 1973 The meeting was called to order by Acting Chairman Harju at 7:30 P.M. MEMBERS PRESENT: Harju, Crowder, Wahlberg MEMBERS ABSENT: Minish OTHERS PRESENT: Jerrold Boardman - Planning Assistant MOTION by Crowder to approve the minutes of the March 13, 1973 meeting as written. Seconded by Wahlberg. Upon a voice vote, there being no nays, the motion carried unanimously. 1;' Mr. Boardman explained to the Board that the first item, a sign variance for Georgetown Court Apartments, was not scheduled for tonights meeting / but Mr. Filister had been told by the Building Inspection Department that 'he could appear before the Board and present his request without going / through the normal procedure of having public hearing notices sent out first. Mr. Filister was present to explain his sign variances to the Board. He described the sign as a 12 foot by 8 foot sign placed between two brick pillars and it would be located just north of the entrance. The sign would advertise the complex and would have Georgetown Court Apartments in old english script with the address. Mr. Crowder said that his biggest question on the sigh size was how the vision of the automobiles would be affected? Mr. Filister answered that they could not see any problem with the sign in blocking vision. There would be approx- imately 60 feet from the street curb to the interior drive and that at least three cars could be backed up and still not be visually blocked. Mrs. Wahlberg asked what other signs were presently on the buildings or grounds which are used as area identification? Mr. Filister answered that at present there are two signs located on the buildings and a free standing sign in front of this sign he wants approved. Mr. Crowder asked if these sign will come down? Mr. Boardman said that the developer is required to take down all temporary signs (which are now located there) after the project is 95% completed. Mrs. Wahlberg asked how high the sign would be off of the lot grade? Mr. Filister answered that it would be approximately 9 feet. Mr. Harju asked if this would comply to the Zoning Ordinance? Mr. Boardman stated that the height would also have to be varied because 6 feet is the maximum height from lot grade in an R-3 District. Mr. Harju asked the reason for the location of the sign so close to the property line and not, further back? Mr. Filister answered because of the proximity to the entrance and if it was back further the electric pole it is sitting next to would block the view from East River Road. .r The Minutes of the Board of Appeals Meeting of March 27, 1973 Page 2 Mrs. Wahlberg asked if there was any other location on the site that he could put the sign? Mr. Filister said that this was the only spot that was appropriate for the entrance sign. Mrs. Wahlberg asked if the properties surrounding this property in question had been notified of this variance? Mr. Boardman said they had not because Mr. Filister had only brought the sign in for review that morning. Mrs. Wahlberg then asked why was the hearing tonight in view of the many variances? Mr. Boardman answered that Mr. Filister had called in to see if he could get on the agenda tonight because he had ordered the sign and the pillars were already in before he realized that he would have to appeal and he wanted to get it as fast as possible. Mr. Crowder asked for the list of appeals that they will be acting on for this request. Mr. Boardman said the variances are: 1. Sign area from 24 square feet to 96 square feet. 2. Sign setback from 10 feet to approximately 5 feet. 3. Sign maximum height from 6 feet to approximately 9 feet. Mr. Crowder asked if: there are other apartment complexes that are also using signs larger than the 24 square feet. Mr. Boardman said that he thought there were some signs that were larger than the required 24 square feet but could not say for sure, and added, that they would not be for a complex this big. Mr. Filister said that he could go along with 24 square feet of sign area for a smaller complex but he said that because his complex is a lot larger than any other and the location is on such a busy street, he should be able to put up.a larger sign. He said he didn't feel that the sign ordinance that set 24 square feet for all apartments regardless of -size was just. Mr: Harju stated that he wants notices sent out to adjacent property owners so they can appear at the Council meeting if they have any complaints about this sign. MOTION by Crowder to recommend approval of the variances, as previously listed, to the City Council with the following stipulations: 1. That the City send out public hearing notices to the adjacent property owners. 2. That all other temporary signs be removed. Seconded by Wahlberg. Upon a voice vote, there being no nays, the motion carried. Mrs. Wahlberg said she wanted to register a complaint with the administration. She felt all persons coming before the Board of Appeals should have to go through the normal appeal process with only special consideration going to those with severe hardships only. All of the Board members agreed with the complaint. REGULAR COUNCIL MEETING OF APRIL 2, 1973 RECEIVING THE MINUTES OF THE _BOARD OF APPEALS MEETING OF MARCH 2 PAGE 14 REQUEST FOR SIGN VARIANCE FOR GEORGETOWN COURT APARTMENTS: Councilman Breider said the Board of Appeals has recommended approval of the J variances with the stipulation that the other signs are taken down when this V one would be completed, The City Engineer said the street sign may create a problem. He said the construction of the sign had already begun. Councilman Nee said he was not aware there would be a problem. He asked if it would be a masonry structure. Mr. Filister said this was correct for the four foot footings and under where the piers extend up. Mayor Liebl said it was to be an all brick structure. Councilman Nee asked why there was a conflict? The City Engineer called the Council's attention to page 9-D of the agenda stating the sign would be close to the projection on the intersection. He asked how far the sign would be from the black -top. Mr. Filister said it would be at least 48 feet and it may be more. Councilman Nee asked if the new sign would be approximately where the other sign is now? Mr. Filister said it would be a little further from the black top. He said he would have liked the sign to be set back more, but there was a conflict with a telephone pole. Mayor Liebl said he would like to get rid of the temporary signs, he added, this would be costly, but the new sign is attractive. Mr. Filister said the complex has an entrance in a bad location. He said there is no place to put a sign on the entrance. He added, logically, there should be a sign. The City Engineer said the correction would be to expand the entrance. He said he did not know when the stop sign would be installed. MOTION by Councilmen Nee to grant the sign variances asstipulated by the Board of Appeals. Seconded by Councilman Utter. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. A REQUEST FOR A VARIANCE OF SECTION 45.053, 1, FRIDLEY CITY CODE TO REDUCE THE MINIMUM LOT AREA.FROM 9,000 SQ. FT. TO 8070 SQUARE FEET TO ALLOW THE CON- STRUCTION OF A DWELLING ON ALL THAT PART OF VACATED JEFFERSON STREET LYING BETWEEN BLOCK 2, AND BLOCK 3. OF OAK HILL ADDITION, AND LYING NORTH OF THE SOUTH LINE OF BLOCK 2, EXTENDED WEST AND SOUTH OF THE NORTH LINE OF BLOCK 2 EXTENDED WEST, ALL BEING IN THE PLAT OF OAK HILL ADDITION, THE SAME BEING 581 - 53RD AVENUE, FRIDLEY MINNESOTA, (REQUEST BY MR. IRVING OLUND, 571 - 53RD AVENUE NE, FRIDLEY, MINNESOTA: REGULAR COUNCIL MEETING OF APRIL 2, 1973 PAGE 13 PROPOSED PRELIMINARY PLAT. P.S. u73-02 INNSBRUCK NORTH TOWNHOUSES PHASE IV AND V. BY DARREL A. FARR DEVELOPMENT CORPORATION: The City Engineer said this matter was pending before the Planning Commission. PRELIMINARY PLAN APPROVAL: PHASE IV AND V (118 UNIT TOWNHOUSE BY DARREL A FARR DEVELOPMENT CORPORATION: The City Engineer said the preliminary plan approval was pending before the Planning Commission. PROPOSED PRELIMINARY PLAT: P. S. #73-03, MICHAEL SERVETUS UNITARIAN SOCIETY: The City Engineer said a Public Hearing should be set on the proposed pre- liminary plat. MOTION by Councilman Breider to set a Public Hearing for May 14, 1973. Seconded by Councilman Utter. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. VACATION REQUEST: SAV #73-04, BY WAYNE SIMONEAU: VACATE 575 AVENUE BETWEEN LOTS 10 AND 16, BLOCK 4. CITY VIEW ADDITION, BETWEEN 6TH AND STREET N.E.: MOTION by Councilman Breider to set a Public Hearing for May 14, 1973. Seconded by Councilman Starwalt. Upon a voice vote, all voting aye, Mayor Liebl de- clared the motion carried unanimously. DEDICATION OF .9 MILES OF STATE AID ROADS: ' The City Engineer said the action to be taken would be to receive the infor- mation of the Planning Commission on the dedication of the .9 miles of State Aid Roads. MOTION by Councilman Starwalt to receive the information provided by the Planning Commission. Seconded by Councilman Utter. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. MOTION by Councilman Starwalt to receive the minutes of the Planning Commission meeting of March 21, 1973. Seconded by Councilman Utter. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. RECEIVING THE MINUTES OF THE BUILDING STANDARDS -DESIGN CONTROL MEETING OF MARCH 27, 1973: The City Engineer said the action would be to receive the minutes. MOTION by Councilman Utter to receive the minutes of the Building Standards - Design Control Subcommittee meeting of March 27, 1973. Seconded by Councilman Breider, Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. CITY OF FRIDLEY PLANNING COMMISSION MEETING, MARCH 5, 1980 CALL TO ORDER: Chairman Harris called the March 5, 1980, Planning Commission meeting to order at 7:39 p.m. ROLL CALL: Members Present: Mr. Harris, Mr. Oquist, Ms. Hughes (arr. 7:50 p.m.), Mr. Treuenfels, Ms. Gabel (for Ms. Schnabel), Mr. Langenfeld Members Absent: None Others Present: Jerrold Boardman, City Planner Jan Fickett, 1468 - 97th Ave. N.W. Kathaleen Vikesland, 270 - 117th Lane I.T.E. Steve Krenz, 1430 - 100th Ave. N.W. 1. PUBLIC HEARING: REQUEST FOR A SPECIAL USE PERMIT, SP #80-01, BY KATHALEEN VIKESLAND: To allow a child day care center in the administrative and recreation building of the Georgetown Apartment Complex, the same being 5750 East River Road N.E., per Section 205.071, 3, G, of the Fridley City Code, ocated on part of Tract B, Registered Land Survey No. 38. MOTION by Mr. Oquist, seconded by Mr. Langenfeld, to open the public hearing for SP #80-01 by Kathaleen Vikesland. Upon a voice vote, all voting aye, Chairman Barris declared the public hearing open at 7:40 p.m. Mr. Boardman stated that on Feb. 5, 1980, he had a conversation with Ms. Vikesland. She was requesting zoning information on the operation of a day care center at Georgetown Apartments. He told her that under the City Codes, this type of operation would be an allowed use within the apartment complex as an accessory use of that complex, if it was to be strictly for the complex itself. However, she did want to draw children from outside the complex, so this is the reason this is before the Planning Commission with a special use permit, since there is presently apartment complex use on the land itself. Mr. Boardman stated he had no difficulty with the proposed day care operation. Mr. Harris asked Ms. Vikesland if she would explain the type of operation she was proposing. Ms. Vikesland stated it would be a day care center.. They felt a day care center would not be very successful if they were to draw from the apartment complex only, and felt it would be a great benefit to the community. There is a great need for day care centers, and they would like to draw children from the community, rather than just the complex itself. PLANNING COIMISSION MEETING, MARCH 5, 1980 PAGE 2 Mr. Oquist asked if there was any problem with operating outside the apartment complex. Ms. Vikesland stated, no, that the complex owners were in complete agreement with this operation. Mr. Oquist asked if Ms. Vikesland had any idea as to the enrollment. Ms. Vikesland stated she had no idea at this time. They were trying to get an advance enrollment right now. She thought there was approximately 10-12 children under kindergarten age within the complex. They have a maximum capacity of 45 children. Mr. Langenfeld asked where the day care center would be located. Ms. Vikesland stated they would be located within the central office building. There are rooms below with separate entrances to the back for each room and this is what they would rent. Ms. Gabel asked about the parking situation and if there would be any problem in loading and unloading the children. Ms. Vikesland stated there is a horseshoe parking area, parking available in front of the office building, and a lane around the side, so they do not foresee any problem with parking spaces or the loading and unloading of children. Mr. Boardman stated he did not see any problem. There was a light interchange for getting into and out of the complex, plus there was plenty of stacking area. Ms. Gabel asking during what hours would the day care center be operated? Ms. Vikesland stated the day care center would be open from 6:30 a.m. - 6:00 p.m. Ms. Gabel asked if they had checked into the necessary licenses from the State of Minnesota and Anoka County for the day care operation. Ms. Vikesland stated, yes, they will be state licensed. They will be non- profit, and will be catering their lunches and snacks through the Dist. 11 public school system ... Adams School during the winter and Roosevelt School during the summer. Ms. Gabel asked Ms. Vikesland to explain how they operate as non-profit. Ms. Vikesland stated they will draw salaries for directors, a certified teacher, and aides, but any other proceeds will not be profitable and will be passed on to a non-profit organization. Mr. Treuenfels stated he was concerned as far as the funding of the day care center. Would this be entirely paid for by the parents of the children or will they be receiving grants? ' PLANNTYG COY2.1ISSION MEETTYG, MARCH 5, 1980 PAGE 3 Ms. Vikesland stated they are not working with any state grants. Although state grants are available,right now they did not feel the need for them. They have personal contributions, and to keep it operating,there will be fees charged to the parents. The fees will be $40 a week for full-time students and part-time fees will be lower. They will have an hourly rate for after- school children, but the minimum is $4.50 per day. Mr. Langenfeld asked if they would accept mentally handicapped children. Ms. Vikesland stated they have gone into that with the licensing and whether or not to have a special program for those children. She really did not feel they were qualified to take care of mentally handicapped children, but they would, of course, have to keep their enrollment open for all children. Ms. Gabel asked about the required safety codes. Mr. Boardman stated that prior to any opening, the City would require an inspection of the unit by the City Building Inspector, primarily because this type of operation constitutes an occupancy -type change within the building and therefore any changes would have to be done before the operation begins. The Fire Dept. would have to inspect the building also. Ms. Vikesland stated the Fire Dept. has already inspected the building, and they are making provisions for what is required, such as smoke detectors, etc.. The Health Dept. will be making inspections before they can be licensed, and they will have regular inspections by the Health Dept. Also, the Building Inspector was next on their list, but were told to wait for the decisions from the Planning Commission and City Council first. Mr. Harris asked if there would be an outside play area with playground equip- ment. His concern was also that the property was about 100 ft. from the riverbank. Ms. Vikesland stated that to be state licensed, they must have an outside play area with playground equipment. They have talked to the state consultant, and if they fence the area, there will be enough square footage for the number enrolled. It will meet all the safety requirements. Ms. Gabel asked if there was a long-term agreement with the management so the care care center could continue. Ms. Vikesland stated the lease is so stated that they have the option to renew yearly. It is a long-term arrangement with the owners of the complex. MOTION by Mr. Oquist, seconded by Mr. Langenfeld, to close the public hearing for SP #80-01 by Kathaleen Vikesland. Upon a voice vote, all voting aye, Chairman Harris declared the public hearing closed at 7:53 p.m. PLANNING CGPLIiISSION L EETING, MARCH 5, 1980 PAGE 4 MOTION by Mr. Langenfeld, seconded by Ms. Gabel, that the Planning Commission recommend to City Council approval of a request for a special use permit, SP #80-01 by Kathaleen Vikesl.and, to allow a child day care center in the administrative and recreation building of the Georgetown Apartment Complex, the same being 5750 East River Road N.E., per Section 205.071, 3, G, of the Fridley City Code, located on part of Tract B, Registered Land Survey No. 38. Ms. Gabel stated that, as a working mother, she could vouch for the fact that there is a shortage of responsible people to leave children with. There is a real problem in this area, and this day care center will tend to help that problem somewhat. Mr. Langenfeld stated he did not feel there was any need for stipulations, because the required licenses seemed to take care of that and the special use permit will have the control element. Ms. Hughes stated she had no objections to the child day care center, but would abstain from voting as she had arrived late and had not heard the full discussion. UPON A VOICE VOZE, HARRIS, TREUENFELS, GABEL, LANGENFELD, AND OQUIST VOTING AYE, HUGHES ABSTAINING, CHAIRMAN HARRIS DECLARED THE MOTION CARRIED. Mr. Harris stated this would go to City Council for approval on March 17. 2. RECEIVE FEBRUARY 7, 1980, HOUSING & REDEVELOPMENT AUTHORITY MINUTES: MOTION by Mr. Langenfeld, seconded by Mr. Oquist, to receive the Feb. 7, 1980, Housing & Redevelopment Authority minutes.. Ms. Gabel stated that Nis. Schnabel wanted to know if the questions raised by Ms. Schnabel at the Feb. 27th Planning Commission meeting on a conflict of interest has been answered. Mr. Harris stated he had been unable to contact Mr. Commers, Chairperson of the HRA, but would contact Mr. Commers to discuss this with him. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRMAN HARRIS DECLARED THE MOTION CARRIED UNANIi4OUSLY. 3. RECEIVE FEBRUARY 2.1, 1980, HOUSING & REDEVELOPMENT AUTHORITY MINUTES: MOTION by 11r. Oquist, seconded by Ms. Hughes, to receive the Feb. 21, 1980, Housing & Redevelopment- Authority minutes. Upon a voice vote, all voting aye, Chairman Harris declared the motion carried unanimously. 4. RECEIVE FEBRUARY 1.9, 1980, ENVIRONMENTAL QUALITY COMMISSION MINUTES: MOTION by Mr. Langenfeld, seconded by Mr. Treuenfels, to receive the Feb. 19, 1980, Environmental Quality Commission minutes.