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06/14/1965 - 00022065�� Motion by Kirkhazn to adopt Resolution No. 95-1965. Seconded by Thompson. Upon a voice vote, there being no nays, the motion caxried unanimously. ADJOURNMENT: There being no further business, Mayor Nee declared the Special Council Meeting of 7une 9, 1965 ad�ourned at 11•23 P.M. Respectfully submrtted: I /��/l,�l."' ���""� Z/NL � � +��y/':.F^uy'�'� 4�.zr�� v l % Raymond E. Bade William J. ee Secretary to the Council Mayor THE MINUTES OF THE SPECIAL COUNCIL MEETING OF JITNE 14, 1965 A special meeting of the Council of the City of Eridley was called to order by Mayor Nee at 8;15 P.M. ROLL CALL� Members Present Members Abseitt: Nee, Kirkham, Wright Sheridan, Thompson ADMINISTERING OATH OF OFFICE TO A MEMBER OF THE FRIDLEY HOUSING AND REDEVELOPMENT AUTHORITY: Mayor Nee administered the oath of office to John Meyer as a member of the I'ridley Housing and Redevelopment Authority. PUBLIC HEARING; FLOOD PLAIN IMPROVEMENT: Mayor Nee announced that the purpose of the public hearing on Flood Plain Improvement is to provide members of the Eridley Housing and Redevelopment Authority with the opinions and ideas of the residents of the flood pl�in, The Mayor stated that the City suggests investigating several solutions to the flood problems in the City of Fridley and that one of these possible solutions is urban renewal ofthe flood plain. If the flood plain should become a pro�ect, the Authority would buy the property on the flood plain, and the City would purchase the property from the Authority for use as park property. The Second solution would be for the City to establish zoning requirements for the flood plain, requiring the elevation of all buildings built on the flood plain to be above a given elevation which would make them safe from flood waters. The Mayor asked if any of the people present at the hearing had any statements to make upon the sub�ect of solutions to the flooding problem. He asked whether the residents believe that the flood plain is a suitable place for a City Park. Mrs. Hock, a resident o£ Apex Lane, in the City of Fridley, stated that she would like to have the Authority take her home and create a park. She stated that her home was badly damaged by the flood. Mayor Nee asked if anyone else had any comments. Mr. Belisle, a resident at 7801 Apex Lane, stated that het�elieves it is a11 right for the Cxty to use Urban Renewal as a solution for property owners that wish to sell their property, but that property owners not wishing to sell thelr property should have a right to remain in residence on the flood plain. He stated that he lielieves the City should build a dike on itiverview Heights to protect the property of the property owners wishing to remain in their present residences. Mr. Belisle stated that in 1952 he had received 18 inches of water in his house, and in this last flood the water had risen to a level of 42 inches in his home. Mayor Nee pointed out to Mr. Belisle that if a dike were builb along Riverview Terrace the road �� the area would still be flooded from flood waters backing � � 13 from the creek that runs through the flood plain. Mr Belisle stated that he believed the solution to this problem is sand bagging the banks on both sides of the creek. Mayor Nee stated that the City had conducted some preliminary investigation of solutions to the flooding problem in Fridley, that City officials had surveyed the flood plain on a preliminary basis and conducted evaluations of various alternatives to the solution of problems in the flood plain. They estimated the cost of a dike to be in the neighborhood of 1 million dollars. This cost of the dike would have to be borne entirely by the City of Fridley wrthout the � aid of Federal Funds. The engineers do not believe construction of this dike is a good solution to the flood problems since creek water will sti11 get behind the dike, undermine it and very possibley damage the homes of residents on the flood plain. Mayor Nee stated that there are 30 or 4D homes on the flood plain, that the cost of a pro�ect in this area with 30 homes on it would be a gr�at deal less than the cost of a dike and that the City would not have to bear the fu11 cost if these homes were to be included under rederal Urban Renewal plans. The Federal Government pays 75% of the cost of Federal Urban Renewal pro�ects and the City need pay only 25% of it, Mayor Nee stated that he believes this is an attractive way to finance reconstruction of the flood plain. If the City were to go ahead with plans for the flood plain. If the City were to go ahead with plans for the flood p�ain, the Urban Renewal Authority wo�ld be responsible for providing equal housing at an equivalent cost to present residents living on the flood plain. The Urban Renewal Authority would have full responsibility for the entire program for the flood plain until the City purchases the land from the Renewal Authority for use as a park. Mayor Nee stated that City officials began an investigation of a permanent solution to flood damage on the flood plain before the tornado damaged the City of Fridley. He stated that immediately after the flood, inspectors From the Housing and Home Fin�nce Office in Chicago were in the City of Fridley to inspect the flood damage. However, they were unaUle to examine the damage inside the homes since the flood waters inundated many of the houses. It is necessary that damages on the flood plain affect more than 50% of the property on the flood plain in order for the area to qualify for Urban Renewal. Mayor � Nee said that after the Tornado hit the City of F;idley the inspectors from the Housing and Home Finance Agency retunned to the City and made a further investigation of conditions on the flood p?ain. The Mayor said he believes that when inspectors are allowed to enter the homes and inspect actual structural damage to the homes on the flood plain, they will find sufficient damage to the homes to �ustify the use of Urban Renewal Funds for an Urban Renewal Pro�ect on the flood plain. Mr. Hollenbeck, a resident at 571 - 79th Way Northeast, stated L-hat he believes the residents of the flood plain should have some kind of decision �rom the Gity so they can make plans for the future. He stated that he believes the increase in building and other developments in the northern part of the state wi11 add more water drainage to the River and this wi11 result in more flooding in the City of Fridley in the future. He stated that he favors the use of an Urban Aenewal Pro�ect to develop the flood plain as a City Park, and that citizens living on the flood plain should have a decision now so they can properly plan for the future use of their homes. Mr. Earl Bierman, of 7830 Alden Way Northeast, asked the Council what number of houses are on the flood plain, what values oP the homes are, and what the cost of an Urban Renewal Pro�ect would be to the City of Pridley. Mayor Nee stated that the cost of a dike to protect the area might Ue 1 million dollars or more except for the backing up of flood waters into the creek which would still cause the plain to be flooded. He stated that the cost to the City of- the Park � would be only 25% of the total cost of the pro�ect, and there being 23 houses on the flood plain south of Cheryl Street, the cost would be less than 1/2 million dollars. He stated that these m sts are based upon the values of the houses as computed by the City Assessor. Mr. Wafer, of 640 Dover Way Northeast, asked whether the Corps of Engineers rendered any opinion concerning any future flooding in the City of Fridley, He said that the Anoka County Auditor informed him when he bought the property and inquired concerning the taxes on the property that there had not been a flood in the City of Fridley for some 78 years and there probably would never be another flood, He stated, however, that he had Ueen flooded in 1952 and w as flooded again this year. The Mayor informed Mr. Wafer that the Corps of Ll 14 Engineers said that there will be periodic flooding in the City of Fridley He said that the Anoka County Auditor informed him when he bought the property and inquired concerning the taxes on the property that there had not been a flood in the City of Fridley for some 78 years and there probably would never be another flood. He stated, however, that he had been flooded in 1952 and was flooded again this year. The Mayor informed Mr. Wafer that the Corps of Engineers said there willbe periodic flooding in the City of Fridley, and that there is no authoritative information to the contrary. Mr. Wafer asked if the first course of action of the City should not be to find out whether or not there wi11 be another flood in the City. The Mayor informed Mr. Wafer that Joseph Strub, the Weather Buer�iu Climatologist, said that the plain will ' be flooded periodically. Mrs. Wafer stated that the Dover Street area had been flooded in 1952 and again in 1965, and she asked why the Mayor mentioned Cheryl Street as a boundary of the flood plain. She stated that she believed the area above Dover Street should be included in the flood plain, Mrs. Waver said further, that every time it rained this spring her home was flooded with water. She stated that she is willing to se11 her home to the Urban Renewal Authority today. The City Manager said that he drove by the flood plain this day and that the river is quite high. The Mayor stated that it is the purpose of this hearing, among other things, to decide whether the Urban Renewal Authority should conduct a study of the flood plain for the purpose of establishing whether or not an Urban Renewal Pro�ect should be conducted. He stated that the IIrban Renewal Authority would need to estimate the damage to the flood plain to determine whether or not it meets the criteria for a Federal Grant, and if the residents of the flood plain meets the criteria for a Federal Grant, and if the residents of the flood plain are in favor of the City conducting this study� such a study wi11 be made. Mr. Robert Jaeger, a resident on Bxoad Street, stated that no one in his right mind would buy a home on the flood plain at this time. He stated that he would be unable to se11 his home even though he wished to move out of it and for this reason he favors an Urban Renewal Pro�ect on the flood plain. Mr. Robert Kretlow, of 7885 Broad Street, asked whether the inspectors from � the Honsing and Home Pinance Agency will consider the fact that it is necessary for the residents of the flood plain to put clean water into theirbasements before the flooding actually occurs in order to pievent structura� damage to their basements. The Mayor stated that there must be definite proof that damage will occur before the inspectors of the Housing and Home Finance Agency would consider this sufficient to warrant a pro�ect. Councilman Wright said that the inspectors of the I�ousing and Home Finance Agency are structural engineers who W�11 be looking for structural damage in the basements. Mrs. Watson asked whether it will be necessary for the inspectors to inspect the damage to the homes before the homes are fixed up and damage is cleaned up. She stated that it is possible the homes might be flooded again in the near future and the residents are wonderi ng whether they should fix up their homes, immediately. Mayor Nee informed Mrs. Watson that it would be necessary for the inspectors of the Hoixsing and Home Finance Agency to see the damage caused by the flood and that the residents should not repair �his damage if the City decides to go ahead with the Urban Renewal Pro�ect so the inspectors can examine the damage as it ac*_ually occured. Mayor Nee stated that the Fridley Housing and Redevlopment Authority has been in existance for one week and is �ust beginning work. He stated that the Authority believes that an Urban Renewal pro�ect in the flood plain is a feasible pro�ect to study although there is a question when the City can afford to carry out the project. The residents may be living on the flood plain for two more years before the City can £ind the funds to carry out the full pro�ect. The proposed study � would determine the boundary of the flood plain which depends upon areas where more than SD% of the homes sufFered damage. Mayor Nee asked the property owners favoring an Urban Renewal Study of the flood plain to raise their hands. Almost all of the people present at the Council meeting did so, The Mayor then asked whether those favoring no study of the flood plain would raise their hands. There were almostnone raising their hands. Mayor Nee asked property owners in the flood plain favoring zoning regulations requiring that construction of new homes be above the elevation of the flood plain to raise their hands. None were raised. Mayor Nee asked whether members of the Fridley Housing and Redevelopment Authority had any questions to ask the homeowners. 'One of the.homeowners stated that he had a question for a member of the Urban Housing and Redevelopment Authority, 15 He asked whether in the event that homes in the flood plain do not qualify for IIrban Renewal under the flood damage suffered to date future flood damage would be considered. Mr. Herder of the Authority stated that he did not know. Mr. Herder stated that if the pzoperty owners are interested in the study the Authority wi11 make the study; �f the property owners are not interested in it the Authority wi11 not be vezy znterested in conducting the study. If the interest of the property owners is extensive the Authority wi11 conduct the study as quickly as possible and attempt to facilitate the pro�ect in every' way possible. Pau1 Sarrow, another member of the Authority, stated that the study would be made with Federal Funds, that the full cost of the study would be � born by the Fedesal Funds, whereas the cost to the City, the 25% portion wi11 only be used for carrying out the actual pro�ect, that is, condemning the _ property and renewing it. Mr. Barrow stated further that the Housing Authority needs to be convinced that the study should be made. The study itself wi11 take time since it is necessary to inspect the inside of the homes. Another property owner stated that he applied for a loan from the Federal Housing Administration and the loan was refused since he lives on the flood plain. He stated that he asked a real estate agency to sell his home and the real estate agency refused since they consider the home on the flood plain not saleable. Mayor Nee stated that he hopesproperty owners will help the inspectors from the Housing and Redevelopement Authority by pointing outthe damage in their homes to the inspectors< He suggested that the property owners made a list of the damage done to their homes as a result of the floods and discuss the damages with the inspectors. Mr. David Ayer, of 661 Cheryl Street, stiated that his basement floor was heaved four inches above the normal level of the floox, that the brick veneer on his house is coming off and that the first floor �oists are rotting as a result of the flood damage. He stated that this is not very evident from the outside of the house but inspection of the inside of the house is necessary to show the flood damage. Mr. Hollenbeck said that several homes on the flood plain have been vacated since the flood and that these vacant homes, in the long run, encourage vandalism on the flood plain. , Mr. Ayer said that upon examination of the basement floor, he found that the water level is immediately below the floor. FIe said that his home is only 22 years o1d and it is 1ikely the footings of his home have been damaged by the continuous high water level under the foot�ngs, Mrs. Wafer asked how intensive an inspection the engine�rs £rom the Housing and Home Pinance Agency wi11 conduct. The Mayor anstirzred that the inspectors Wi11 probably inspect all structures located in the flooded area. Mrs. Gerald Lewis, of 641 Northeast Gheryl Street, stated that her basement Flooz has been heaved by the floods and that the wa11s are cracking as a result of high ground waCer pressure against the outside of the wa11s since the flood. Mrs. Strub, 7890 Broad SYreet, stated that the creak flowing through the Flood plain is presently Elooding and the water level is up to the staps of her nome The road past her house is collapsing, She stated that it has been her experience that the creek level rises higher each year. Councilman Wright stated that the residents are wondering where the lines of the Urban Renewal Pro�ect on the flood plain wi11 actually be drawn. He stated that the lines wi11 be drawn by the Fridley Housing and Redevelopment Authority Theg try to define fairly conCiguous areas for the pro�ect and will not select homes in the flood plain on an arbitrary basis but wi11 try to include an entire area in which Che ma�ority of the homes suffered damage, Mayox Nee asked if any of the members of the City Planning Commission have any questions to ask the property owners. No one �swered. Mayor Nee asked , whether anyone present at the Council meeting has any alternatives to suggest as solutions to the flood problem. No one answered, Mayor Nee then stated that one of the members of the Planning Commission suggested that paper pads be available for the residents to write any ideas which they might have as solutions to the flood problem. He stated that the Fridley Housing and Redevelopment Authority is involved wiCh work in two other areas in the City of Fridley and that they wi11 be quite busy with this work in addition to making a study of the flood plain. He stated that the Authority would appreciate any suggestions which the residents of the flood plain might have concerning the flood problem. Mr. Belisle asked whether the Urban Renewal Authority wi11 investigate all the alternative sol�tions to the flood problem in addition to the Urban Renewal Project. Councilman Wright azsswered that the Housing and Home Finance Agency �� will insist that all alternatives be studied and the study be reviewed before the pro�ect is carried out. Another property owner asked what he could do with his empty land on the flood plain. He stated that taxes on this land are $226,00 per year and that he cannot se11 the property. He stated, furthermore, that he does not like the idea of building upon the property. Mayor Nee stated that the City Manager will provi@e paper pads in the�Fire Department to the residents and that upon leaving the Council meeting, the residents should write their names and addresses on the pads along with a � list of damage to their homes. The Mayor asked the structural engineer, Mr. Geisen, whether he can give the residents some informatiori concerning listing of structural defects which they should do for the benefit of the inspectors of the Housing and Home Finance Agency. Mr. Geisen stated that the property owners should note any difficulties, repairs, or maintenance of their homes which might have been caused by flood damage and they should discuss these defects with the inspectors. He stated that buildings with fireplaces in the walls are bound to have pressure differentials due to the weight of the fireplaces on the structure which might result in small cracks and other damage in the walls. Mrs. Strub stated that she has a fireplace in her home and she found that the floor buckled in the vicinity of the fireplace and she is unable to sand the floor sufficiently to remove the effect of the buckling floor boards. The fireplace has apparently been moved a small amount during or since the flood and a stone retaining wa11 on her property or near her property collagsed as a result of the flood. Sand which had been put behind the-retaining wall is now holding water back and her home is still floode&. Mr. Ayer asked how much in repairs residents should make before inspectors of the Housing and Home Finance Agency inspect their homes. The Mayor stated that the residents should make sufficient repairs to make their homes habitable but not to cover up the defects caused by the flood. Mr. Ayer asked whether the City wi11 grant Suilding Permits in the area. The Mayor stated that When the � City determines that an Urban Renewal Pro�ect will be carried out the Crty wi11 not grant Building Permits in the area but since the study has not been completed the City will grant Building Permits considering that the pro�ect might not be completed for another two years. He stated that when the Authority determines finally that the area will be sub�ect to Urban Renewal no more Building Permits wi11 be granted or if the Authority determines that there will be no Urban Renewal Pro�ect, the City will amend its zoning Laws to require that the elevation of all structures built in the flood plain�be above the elevation of the flood plain. The Mayor stated that this will require that homes be built on stilts or piers to raise the elevations of the homes above that of t�e flood waters. He stated that ordinari�y the City wants the residents to clean up their homes, to repaint and repair them as quickly as possib2e Uut since the inspectors of the Housing and Home Pinance Agency will probably visit the City shortly, he would rather the residents not make repairs until after the inspection. The Mayor stated that he assumes the inspection will be completed by the middle of Suly. He stated that inspections will be necessary before it can be determzned whether or not the flood plain is eligible for a grant of funds from the Federal Government, The Mayor stated that the flood plain is a beautiful spot, and that if it is developed as a City park it wi11 probably be the best park in Anoka County. He stated that possibly the City would do some regrading in the flood plain to protect the river bank from further flood damage. � The Mayor stated that the City is considering a paving pro�ect on the streets , above the flood plain. The City Engineer said that the City has rebuilt the roads above the flood plain twice this year and rebuilding these roads costs money. He stated that the City is considering a plan to pave all the roads from Fasrmont Street North to the City boundary and West of East River Road. He said that the paved roads will improve access to the park, The Mayor said that residents o� the flood plain might express their opinion of the value of this paving pro�ect to the property owners required to pay for the paving project by special assessments. In this way, they-could help the City improve the higher grounds on Riverview Heights. 17 DEMOLITION - 129 HORIZON CIRCLE (TAbLED 6/4/65, 6/9/65): Mayor Nee asked whether the question of demolition of the structure on 129 Horizon Gircle has been settled. The City Manager replied that the prablem has not heen settle�l, but that he believes that further Znformation will be available within another week. Motion by Wright, to table consideration of demolition of the home at729 I-Iorizon Circle to the next xegular Council meeting. Seconded by Kirkham, Upon a voice vote, there being no nays, the motion carried unanimously. � BUILDING PERMIT - 5900,5908,5916 - 2z STREET: BAADI.EY: Councilman Wright stated that with the assumption that the building permits are to be issued to reconstruct apartment buildings �o the original plans, he moves that the Council grant approval of the Building Permits at 5900, 5908, 5916 = 2z Street. Seconded by Kirkham. IIpon a voice vote, there being no nays, the motion carried unanimously. BIIILDING PERMIT Sb00,5608,5614,5b20 - 6TH STREET - AADIS CHRISTENSON: Mayor Nee asked whether Ardis Christenson is present at the Council Meeting There was no reply. He asked whether the representative of McCalls is present at the Council meeting. There was no reply_ The Mayor asked whether the representative of Dan Donahue is present at the Council meeting There was no reply. Mayor Nee asked whether the property is located in the IIrban Renewal Area. Councilman Wright stated that the properties are outside the Urban Renewal Area. The City Manager stated that he Uelieves the Building Permits are to be issued for the purpose of replacing the roofs of the structures at a cost of $1,200.OD, Councilman Wright asked whether the structures have any temporary roofing at this Cime. The City Manager replied that he did not know since he did not check the present condition of the structure. Piotion by Wright to approve the Suilding Permie for 5600,5608,5614, and � 5620 6th Street. Seconded by Kirkham. Upon a voice vote, there heing no nays, the motion carried unanimously. BUII,DING PERMIT AND VARIANCE - 775 MISSISSIPPI STREET - BAKER: The City Manager stated that this Building Permit application is for eonstruction of an addition to a dwelling unit within 5 feet of ehe property line. Iie stated that the neighbor of the property owner wrote a letter to the Council stating that he does not ob�ect to the construction of the dwelling within 5 feet of his property 1ine. Councilman Wright asked why this Building Permit has not been referred to the Board of Appeals as was done before the tornado struck the City of Fridley, The City Manager stated that ii th�.s Building Permit had been referxed to the Board of Appeals it would not come to the Councills attention before July 6, The Mayor stated that the Couneil would continue to act on the requests for variances concerning structures, rebuilding of structures, and additions to structures, damaged by the tornado, until the month of July. Motion by Kirkham to grant the request for a waiver of the side yard requirement from 10 feet to 5 feet and approve the application for a P,uilding Permit for an addition to the dwelling at 775 Mississippi Street to Mr, Baker. Seconded by Wright. Upon a voice vote, there being no nays, tlie motion carried unanimously. BUTLDING PERMIT AND VARIANCE - 620 - 63RD AVENUE NORTHEAST - STUBBS: � The City Manager stated that the request for a variance is for construction oi a garage within 3 Eeet of the property line whereas the zoning ordinance requires that a garage be 5 feet from the property line, He stated that the request includes a letter from the neighbor in which the neighbor states that he does not ob�ect to construction o� the garage within three feet of the property line. Motion by Wright to gxant a waiver of the variance for side yard requiremenL from 5 feet to 3 feet and approve the application for a Building Permit fox construction of a garage at 620 -63rd Avenue Northeast to Mr, Stubbs. Seconded by Kirkh�n. Upon a voice vote, there being no nays, the motion carried unanimously. �� BUILDING PGAMIT AND VAAAINCE - 6061 -6TH STREET NORTHEAST: RAPP; Mr. Aapp was present at the Council meeting. He stated that he wishes to have' the Council grant him a waiver of the side yard requirement to allow him to build a garage wit�in two feet of his property line instead of the five feet required by the Zoning Drdinance. He showed plans of the construction to the Council. Councilman Wright stated that the design which Nir. Rapp showed to the Council is a good solutson to the prob2em of building a double garage upon a small lot. He stated that the design provides more room hetween Mr. Rapp's garage and the garage of his neighbor and that he should show this design to developers. Mr. Rapp stated that among other things the design inc7.udes � provision for locating frost footings within the side yard requi�ements of the Zoning Ordinance and that the garage has a cantilever floor extending 18 inches beyond the footings. Motion by Wright to approve the application for a Building Permit at 6D61 - 6th Street Northeast to Mr. Robert Rapp and grant waiver of the side yard requirement from 5 feet to 2 feet from the property line. Seconded by Kirkham. Upon a voice vote, there being no nays, the motion carried unanimously. ESTIMATE - RE: BOND SALE: The City Manager explained that Mr. Ehlers asked him whether it would be possible to include in the estimate an additional amount for the prospectus since it was necessary for the Financial Consultant to furnish a prospectus for each of the individual bond issues. The Mayor stated that examination of the estimate of the Financial Consultant indicates that the City is getting a bargain in the fee of the Financial Consultant since the consultant lumped the fees for the three bond issues together and computed them as one instead of computing them all separately. Motion by Wright to okay payment in the amount of $8,607.50 to the Financial Consultant for his services to the City in handling the three bond issues. Seconded by Kirkham. Upon a voice vote, there being no nays, the �motion carried unanimously. SESSE & COSGROVE - 5609 - STH STREET NORTHEAST; � Councilman Wright stated that the attorney who wrote this letter took a slightly different position from attorneys representing other insurance companies. This attorney is assuming a position of defending the client rather than looking solely to the interestof the insurance company even though he is employed by tfie insurance company. Mayor Nee asked Mr. Geisen whether he could report on the condition of the structure at 5609 - Sth Street Northeast. Mr. Giesen stated that the home had been inspected on May 28, 1965 and on June 9, 1965 by a team of inspectors, including Mr. F1ynn, the Building Inspector o£ Coon Rapida, the City Building Inspector and himself. He stated that it was found the home has been moved to the north by the tornado, that the walls in the home are split at the front doorway, the floor is cracked in the northwest corner, the east and north walls are bowed out at the ceiling, the roofing, the ceiling and the floor covering were destroyed. Mayor Nee suggested that the communication from Sesse & Cosgrove could be referred to the City Attorney for review and possible recommendation. Councilman Wright stated that the Council could also ask the insurance company why they have not settled the claim for damages on the home since it has been more than one month since the home was damaged. Motion by Kirkham to receive the letter from Sesse & Cosgrove concerning the structural damage to the home at 5609 - Sth Street Northeast. Seconded by � Wright. Upon a voice vote, there being no nays, the motion carried unanimously. DEMOLITION DELAY REQUEST - 5980 - STH STREET NORTHEAST (DEAN FERGUSON): Mayor Nee asked whether Mr. Ferguson is present at the Council meeting. No one answered, The City Manager stated that he received information that a settlement has been reached between Mr, rerguson and his insurance company. He stated also that Mr. Ferguson has signed a release for the demolition of the structure, Mayor Nee stated that in this event there is no cause for Council action. lyEMOLITION D�LAY REQUEST - 5844 UNIVEASITY AVENUE NORTHEAST ( RAYMOND HAItRIS): The City Manager announced that he had �ust received a telgram from the Parmers � � 19 Home Mutual Insurance Company concerning the delay of demolition at 5844 University Avenue. The Mayor asked Mr. Geisen to report on the condit�on of the home. Mx. Geisen stated that he is a structural engineer xegistered to per�orm stxuctural engineering work in the State of Minnesota. He stated that an inspection team of Mr. Flynn, the Building Inspector from Coon Rapids, the City Building Inspector and himself, inspected the structure at 5844 University on May 27, 1965, June 9, 1965 and Sune 14, 1965. He stated that the inspection on June 14, 1965 was not made by the previously mentioned team but by himself and Mr. Belisle. He stated thaC inspection of ehe structure shows that the south wall is pulled �rom the floor and light is visible between Che south wa11 and the floor. The soutwest corner of the house is leaning towards the north and east The north wall is bowed at the windows, the roof on the north addition to the house has sagged and the roofing has been destroyed The South wall is broken loose at the ceiling, the rear door has been racked, the ceiling has been racked, The west wa11 leans one inch towards the east, The living room floor has sagged, the gable on the roof is racked. He stated that there is no accessable cYawl space below the floor so it is not possible to inspect the structaral members of the floor and they were unable to find access 2�to the attsc Co examine the structural members of the ceLling and the m of. He�stated that it is necessary to remove the wall board in order to determine whether structural members in the wa11 are damaged or not. A soil pipe connecCed to the water closet bowl is broken loose from the stoal. Mr, Geisen staeed, in conclusion, that repairs to the home will probably exceed the value of the house, assuming, of course, that the structure can be repaired to comply with the City Code, The Mayor asked Mr. Geisen whether the home is unsafe far humasi habitation. Mx, Geisen,stated that the south wa11 is unsafe for human habitation and has been pulled away from the building, He stated that there is a horizontal line on the roof shingles lndication that the rafters of the roof have probably suffered structural damage. He stated that it will be necessary to provide sufficient xepairs to make the home safe ox rebuild the home before it may be considered safe at this time. Councilman Wright asked whether removing the wall board in the xoof wi11 reveal whether there is any additional stzuctural damage to the building. Mr Geisen answered that it pxobably would. Mr. Wright asked whether there would be any problems involved in removing the wa11 boards and the roof. Mr Geisen answered that there would be some problems involved since the structure is occupied. Mr. Harris, the owner of the structure, was present at the Council meeting, �Councilman Wright asked Mr. Harris whether anyone is living in the home at this time. Mr. Harris answered that this nephew is l�ving in *_he home and cannot afford to move. The Mayor Asked Mr, Harris whether the repart of the structuxal engineer agrees with his own observations. Mr. Harris answered that the roofing is totally destroyed, that the floor has sagged as a result of the sCOrm and has sagged further since the storm. He stated that he does not believe it is practical to rebuild the home. Councilman Wright informed Mr. Harris that one of the ma�ot concerns of the Council is the health of the residents in the co�nunity. He stated that the damage to the plumbing, especially the disconneceion between the soil pipe and stool is a hazard to Che health of the occupan[s. Mayor Nee asked Mr Harris whether there are any children living in the home. Mr. Harris answered that the occupants of the home have a child three years o1d. Councilman Wright informed Mr. Harris that as a landlord, he has a liability for the h ealth of the child since the home is damaged and he is allowing the home to remain occupied, Mayor Nee read the telegram from the Farmers Home Mutual Insurance Company representative, Dean K. Johnson. He stated that the insurance company found the home to be sound and that it could be reconstructed in accordance with the building practices in existence at the time when the home was firse Uuilt fnr t�e amount of $3,650.00. The insurance company stated further that if the home should be demolished or repa�rs should be forbidden on the home in accordance , with the building practices in existence at the time the honle was built, the action would pre�udice the insurance company and void any payment to the home- owner or limit payment to the amount of $3,650.00 The telegram was signed by Dean K. Johnson. The Mayor asked Mr, Geisen whether the structure �ustified demolition Mr Geisen stated that he has some reservation concerning the structural component�.of the house as to whether they comply sufficiently with the City Code to avoid demolition. Councilman Wright asked Mz. Geisen whether he believes khat the amount o£ $3,650.00 is adequate to restore the home. Mr. Geisen answered that he does not believe this amount to be sufficient. �0 Councilman Wright stated that he wants the pu6lic to know that the record shows certain insurance companies are trying to get out of their contracts with homeowners, These companies are trying to capitalize on legal quibbles to avoid paying the homeowners and that he believes this to be an example of such a practice. He stated that he has reached the end of his patience with the activities of the insurance companies. Councilman Wright asked whether it is necessary for the City to withdraw its demolition notice from the structure in order not to damage the rights of the property owner. Mayor Nee asked Mr. Geisen what would be necessary to inspect the structural members of the home. Mr. Geisen asked the homeowner whether it is possible � to get into the attic of the house. Mr. Harris answered, "Yes." Mr. Harris stated, however, that the structure is an older structure and needs to he rebuilt to comply with the code. Councilman Wright stated that the City has the right to inspect older structures to determine whether they comply with the code and the City has the right to inspect this structure to determine the exact damage to the structure. Such an inspection necessarily includes examination of structural members in the floor, the wall, and the roof, and where necessary removing some of the covering to do so. Mayor Nee asked Mr. Harris whether he discussed his insurance policy with an attorney, Mr. Harris answered that he has not done so. Mayor Nee informed Mr. Harris that the Crty has sufEicient �ustification to remove the building since it is not entirely safe for human hahitation, and it is a health hazard to the occupants. Mr. Harris stated that it does not make sense to him to rebuild the structure as is. Playor Nee stated that if Mr. Harris considers the matter thoroughly and agrees to sign a release, the City will demolish the home. Mr, Harris stated that he would prefer to discuss the matter with a lawyer before signing any release for the City to demolish the home. Mrs. Harris informed the Councxl that the renter of the home is under agreement with them to purchase the home, but that the renter does not have the money to do so at the present time, Mr. Harris asked whether the structural engineer will inspect the home further to detetmine the extent of the structural damage. Mayor Nee stated that the inspector would be willing to do so. He informed Mr. Harris that he could obtain a report from the structural engineer on what is required � in the waq of structural reconstruction to restore the home and get estimates based on this report. He stated that if structural damage is substantial the City will have a real concern for the safety of the tenants in the home. The Mayor stated further that apparently the health inspector has not inspected the home at this time but according to the report of the Building Inspector it appears evident that the home is not the proper place to house children. Mr. Harris asked whether he should obtain the services of a lawyer to represent him. The Mayor answered, "Yes." Mayor Nee suggested tothe Council that consideration of the request for a delay of demolition of the structure at 5844 University Avenue be tabled until the Council receives more info;�ation. Motion by Wright to receive the telgram from the insurance company and table the request for delay of demolition of the home at 5344 Un2versity Avenue until the first regular Council meeting in the month of Suly or until there is further information available to theCouncil. Seconded by Kirkham. Upon a voice vote, there being no nays the motion carried unan�.mously. DP,MOLITION DELAY REQUEST - 5537 - 5TH STREET NORTHEAST -(MRS. HOYT): The Mayor stated that he received a request for delay ot demolition of the home at 5537 - 5th Street Northeast. The Mayor asked Mr. Geisen whether he inspected the structure. Mr. Geisen reported that he inspected the structure along with Mr. Flynn, the Building Tnspector from Coon Rapids and the City Building � Inspector on .Tune 4, 1965. He stated tka the east wa11 was pushed in and the north wall bowed out. The ceiling is totally destroyed and the roof is pulled loose. The foundation is partly destroyed. The Mayor asked Mr. Geisen whether the building is a dangerous structure under the the terms of the ordinance of the City of Fridley. Mr, Geisen replied, "Yes." The Mayor asked Mr. Geisen whether *_he home can reasonably be restored to comply with the City Code. Mr. Geisen stated that this depends upon economic considerations. The Mayor announced that a telegram has been received from Dean K. Johnson and the Farmers Home Mutual Insurance Company;wishes to go on record as stating that the home is structurally sound and can be restored to comply with the Code in existence in the City of Fridley at the time at which the home was built, for the amount of $3,180.00. The insurance companya states further that if the City should forbid repairs of the structure to its previous condition the insurance company would prejudice its case against the homeowner and might void its policq with the homeoWner. 21 Mayor Nee asked Mr. Geisen whether he believes it is possible that necessary repairs can be made to the house for the amount pf $3,180.00. Mr. Geisen stated that he does not helieve necessary repazrs in the amount of $3,180 00 wi11 bring the structure within the City Code. Mayor Nee asked Mr. Geisen what is necessary in the way of reconstruction to restore the home to its previous condition. Mr. GeLSen answered that the walls should be opened, the structural membexs examined, ceilings should be replaced z the roof should be removed ar.d rebuilt. The Mayor stated that he examined the premises and knew of the condition of the premises in the pasr. The premises were well kept and the homeowners had a great deal o� pride in the house. The Mayor asked Mr. , Geisen whether it is possible to tebuild the home to reasonably comply with the Codes. Mr, Geisen xeplied that the repairs he �ust mentioned wi11 be sufficient Co reasonably repair the home The Mayor asked Mr. Geisen whether it is reasonable to attempt to repair the home without demolishing it. Mr. Geisen answered, "No." The Mayor requested Mr. Geisen to present �he Council with a written report on the requirements to repair the home to its pxevious condition. S4r, and Mrs. Hoyt were present at the Council meeting. The Mayor asked Mrs. Royt whether the description of the B uilding Inspectoz agrees with her observations of the home, Mrs. Hoyt answered that she obtained a bid from a contractor to demolish and rebuild the hame in the amount of $9,500,00, She stated that she believes the building is ready to collapse and that further damage became evidenC with the passage of time since the tornado. Mrs. Hoyt stated that the southeast corner of the building is caving in and ready to collapse, The small basement is a terrific mess. Mayor Nee asked Mrs. Hoyt whether anyone else looked at the home. Mrs. Hoyt answered that the Falk Constxuction Company examined the home and prasented a bid to re-build the home, She stated that she believes it is impractical to rebuilt the home, that there has been considerable watez damageto the home, the wa11s are bowed out, and the basement has caved in. The cosY of demolition and rebuilding is $9,500.00 acuording to the estimate made by Warren Falk of the Falk Construction Company. Mayor Nee asked Mrs, Hoyt whether anyone else has examined the hame_ Mrs. FIoyt answered that a representative from the insurance Company said that a eontractor examined the home and made an estimate of the cost to xepair the � structure. Mrs. Hoyt stated that she asked the representatives of the insurance company whether the contractor looked inside the home. The representative of the insurance company said that the contractor had not, but had �ust walked around the outside of the home. Mrs. Hoyt stated that when the tornado sCruck the home they notLCed a strong smell of gas and the gas Leak forced them to move out of the home, The gas main has been shut off by the Gas Company, and the presence of gas is no longer evident. Mayor Nee asked Mrs. Hoyt whether she is sure that no one examined the inside of the h�me other than the Building Inspector and the contracYor from which she obtained a bid, Mrs. Hoyt answered that the house is kept locked. Mayor Nee asked Mrs. fIoyt whether she knows the name of the contractor who had examined the home for the insurance company. Mrs. Hoyt answered that she asked the insurance company's claim ad�uster, a Mr. Bourchet to te11 her the name of the contractor who examined the home, but Mr. Bourchet refused to do so. Mr. Wayne Hoyt stated that the claims adjuster seamed to be very flexible in his statements and changed his mind quite often concerning his contentions about the home. He staCed that Mr. Bourchet has offered them a cla_m of $5,000,00 and stated if they did not immediately accept the offer of a settlement in the amount of 55,000 the insurance company would provide them with no more than $3,180.00 He stated that the insurance company ad�uster informed them that it would be necessarq for them to fight the insurance company in court and that a delay of 10 months would be involved before they would be allowed to file suit against the insuxance company. Mr, Hoyt stated that he does noL- know how � good his case would be against the insurance company in court. A visitor to the Council meeting, Steve Hawrysh, stated that he has had some dealings with Mr. Bourchet in the past and that Mr. Bourcnet is a representative of the Farmers Home Mutual Insurance Company. He stated that he believes Mr. Sourchet cheated him three years earlier and at that time he informed the City of his dealings with Mr, Bourchet in the hope that the City would take action Co end the business of Mr. Bourchet and/or the insurance company in the city of Fridley, The Mayor informed Mrs. Hoyt that the findings of the structural engineer, and the Building Inspector indicates that the building is a hazard and a public nuisance. He stated that the City would not proceed with demolition of the home wiehout the homeowners consent and stated that the Council would discuss the matter with Mrs Hoyt again in the future. Mrs. Hoyt stated that the 22 insurance ad�uster kept telling them that it would be at least 10 months before the insurance company would settle the claim. She stated that she would like to have the Council inform them concerning the demolition of the home, whether after settling with the insurance company it will be possible for them to have the home demolished. Mayor Nee informed Mrs. Hoyt that the City has equipment for demolishing homes wh�.ch will probaHly be rented by the City only for another week, that at the end of another week the rigs will be released and the equipment will not be available. Another visitor to the Council meeting informed Mt, and Mrs. Hoyt concerning their rights under their insurance policy. � Motion by Wright to receive the telegram ��om the insurance company concerning the property at 5537 - Sth Street Northeast, to reconfirm the previous action of the Council, post a new notice of condemnation and a notice of demolition upon the structure. Seconded by Kirkham. [Tpon a voice vote, there being no nays, the motion carried unanimously. DENIOLITION DELAY REQITEST - 6767 - 7TH STREET NOKTHEAST (JOHN THUIREH): Mayor Nee asked whether anyone was present at the Council meeting concerning the request for a delay of demolition of the structure at 6767 - 7th Street N,E. Mr. Thuirer was present at the Counci2 Meeting. The Mayor asked Mr. Geisen to report on the condition of the structure at 6767 - 7th Street Northeast. Mr. Geisen reported that he inspected the home along with Mr. Flynn the Building Inspector of Coon Rapids, and the City Building Inspector on May 28, 1965. He stated that on Tune 14, I965 he had again inspected the home with Mr. Belisle. He stated that the structure had been moved north by the tornado, the main columns in the house have been off-set and damaged, the plenum of the furnace and the plumbing have been off-set as a result of the movement of the home. The ceiling and the floor in the home were destroyed. The walls were water soaked, the east and north walls have been moved out of line in the structure. A hair pin is caught between the floor and the walis indicating that the floor has been disconnected from the walls. The east and noreh walls have cracks in the foundation, which run horizontally and these cracks are visible from the outside.� The garage on the property is gone. Mr. Geisen said that in order to make the premises habitable, it will be necessary to demolish the home to the first floor, repair the damaged foundation and re6uild the home, Mayor Nee asked Mr. Geisen whether the house is a dangerous structure as described in the ordinances of the City, Mr. Geisen answered, "Yes." Mayor Nee asked Mr. Thuirer whether he had any questions for Mr. Geisen, Mr. Thuirer stated that in conversation with his insurance ad�uster, the insurance adjuster informed him that it would be necessary to rebuild the home to its original condition, The City Manager asked Mr. Thuirer t,*hether there is anything in the home which he wishes to salvage before the home is demolished. Mr. Thuirer stated that there is but that he prefers to demolish the home himself. Iie stated that he believes it is better to demolish the home rebuild it than to try to restore the house to its original condition and if he can obtain a settlement with the insurance company he w111 do so. Motion by Wright to reaffix'm the findings of the Building Inspectors, requiring demolition of the home at 6767 - 7th Street Northeast and that the Council takes cognizance of theowners intent to demolish and repair the home. Seconded Uy Kirkham. Upon a voice vote, there being no nays, the motion carried unanimously. SUILDING PERMIT AND VARIANCE - 6717 JEFFERSON STREET NORTHEAST - ALFRED MATZEK: Mr. Matzek was present at the Council Meeting. He stated that his home has been demolished and that the Building Inspector has given him permission to � rebuild his home closer to the property line, Councilman Wright asked whether the request for a Building Pe�it includes a request to lauild an attached garage onto the home. Mr. Matzek answered,"Yes." Councxlman Wright asked whether the garage will be built within 3 feet o£ the lot line. Mr. Matzek answered, "Yes." He stated that he wishes to build a double garage upon his property. Mayor Nee asked whether the Council ought to grant waivers of variance requirements as liberally as they have done so since the tornado. Councilman Wright stated that he believes that where tornado damaged property is concerned 23 the Council should continue to £ollow the policy of granting variances for rebuilding the propertLes. He stated that 6ranting variances for rebuilding the properties. He stated that granting waivers of zoning requirements will induce people to rebuild their property. Motion by Kirkham to grant the request for a waiver of the side yxrd requirement for construction of a garage within 5 feet of the 1ot line to 3 feet of the 1ot line and a Building Permit for reconstructfon of ehe home and garage at 6717 Jefferson StreeY Northeast to Aldred p4atzek. Seconded Sy Wright. Upon a voice vote, there being no nays, the motion carried unanimously. � TRAILER PERMITS: The City Manager stated that he received requasts for permits for temporary oceupancy of Ywo trailers, one from James E. Freberg,7331 Tempo Terrace and another from Douglas C. Loye of 610 - 67t1� Avenue Northe otiowh 1eWr�p trs are being made to the homes of Mr. Freberg and Mr. Loye.� �Semn��d �yg�irkham. Upon a voice vote, there being no nays, the motion carried unanimously. BUILDING PERhYIT AND VARIANCE - 7301 T.YRIC T,ANE - MR SABETTI• The City Managex announced that he xeceived a request for a I3uilding Permit and a waiver of the side yar d requirement from 5 feet to 2z feet to permit construction of a double garage upon the property of Mr Sabetti. A note from Mr. Weinert, property owner ad�acent to r1r. Sabetti's property, stated that he had no objection to the construction of the garage within 2z feet of his property line. Councilman Wright stated that he is in favor of granting the variance for the reconstruction of the garage He stated that he believes this will encourage property owners to reconstruct their property and that he favors in¢nediate action in regard to reconstruction of dantaged propertLes _ Motion by Wright to approve the applicaYion for a Building Permit by Mr. Sabetti to repair his residence and build a double garage upon his property at 7301 Lyric Lane and grant Mr. Sabeeti a wafver Qf the side � yard requirement from 5 feet to 2 feet 6 inches. Seconded b y Kirkham. Upon a voice vote, there being no nays, the motion carried unanimonsly. ' BUIZDING PERMIT - FOR APAATMENT HOUSE ON NLRCURY DRIVE - STCVE fiAWRYSCH: Steve Hawrysch was present at the Council meeting. He stated that an application had been made to the Planning Commission to rezona and replat the property on Mercury Drive to pe�'miC him to build an apartmenC building on Mercury Drive in accordance with the replat. He stated that he obtained an agreement from Eric LaVine when he purchased the property from him, that Mr. LaVine would obtain the xesoning of the property for construction of multiple dwellings for Mr. Hawrysch, Mr. Hawrysch asked the Council why the Planning Consultant is taking such a lengthy time to make recommendations concerning the rezoning of the property to multiple dwellings. Mr. llawrysch stated that he invested money in. the property and he needs to build the a�artment bui�ding upou the property in ozder to obtain a return from his investmene. Councilman Wright stated that future construction of a grade separation at Mississippi Street and the railroad crossing will affect construction of an apartment building upon the property of Mr. Hawrysch. He stated that if the grade separation is an underpass for Mississippi Street that it will adversely affect the property of Mr. Hayrysch and require a sharp grade between his property and the street. Mr. Hawrysch stated that he plans to locate the apartment buildings some 400 to 600 feet away from Mississippi Street and he does not believe this wi11 be a problem. Councilman � Kirkham asked Mr. Hawrysch whether he plans to continue build�ng another apartment building in a pattern with the other three apartment buildings which he has built. Mr. Hawrysch answered, "Yes." The Mayor informed Mr. Hawrysch that there is a problem with the construction of sanitary sewer mains in the area. Homeowners are being flooded as a result of back flooding of sanitary sewage into their homes. IIe stated that it is necessary for the City to examine the plans for construction of the apartment building to see how construction will affect the flooding of Che sanitary sewer system. Mr. Hawrysch stated that the sanitary sewer system is built in the neighborhood of his apartment building and ehe lateral has been sCUbbed into the pxoperty mak�.ng necessary for him merely to connect to the lateral in order to be able to use the sanitary sewer. Mayor Nee informed Mr. Hawrysch that the pxtch of the sanitary sewer main is so shallow that proper �low of- sanitary sewage is not possible. Mr. Hawrysch answered that he has had no 2� problems with back up of the sanitary sewer into the other apartment buildings which he has built and that he does not see why he should have any problem with construction of this apartment building since the sanitary sewer stub is more than five feet below ground and the floor of the basment in the apartment building will be substantially above this elevation. Mayor Nee asked Mr. Hawrysch to wait for one month and study the construction of the sanitary sewer with the City Engineer to determine the effect of this construction upon the sanitary sewer mains. Mr. Aawrysch stated that he would do this rather reluctantly. The Council took no action upon the request of Mr. Hawrysch. AD JOUAnTMENT : There being no further lausiness, Nlayor Nee declared the special Council meeting of June 14, 1965 ad�ourned at 11:00 P.M, Respectfully submitted; r'�Gb.r/me-.�+r! G �✓�z"-,=iE, ��! .L"' ' " ''v�� ! � d 1i Raymond E. Bade William J.«Nee Secretary to the Council Mayor TIlE MINUTES OF THE REGULAR COUNCIL MEETING OE JUNE 21, 1965 The regular meeting of the Council of the City of Fridley was called to order by Mayor Nee at 8;25 P.M. ROLL CALL: Members Present; Nee, Kirkham, Sheridan, Wright, Thompson Members Absent: None APPROVAL OF MINUTES - REGULAR MEETING - MAY 28, 1965: Motion by Wright to approve the minutes of the regular Council meeting of May 28, 1965 as submitted, Seconded by Sheridan. Upon a voice vote, there being no nays, the motion carried unanimously. APPROVAL OP P4INUTCS - SPECIAL MEETING - SUNE 1. 1 Motion by Thompson to approve the minutes of the special meeting of June 1, 1965 as submitted. Seconded by Wtight. Upon a voice vote, there being no nays, the motion carried unanimously. APPROVAL OP MINUTES - R�GULAR_MEETING - JUNE 2, 1965: Motion by Wright to adopt the minutes of the regular Council meeting of June 2, 1965 as submitted. Seconded by Thompson. Upon a voice vote, there being no nays, the motion carried unanimously. APPROVAL OF MINUTES - SPECIAL ME�TING - JUNE 3, 1965: Motion by Kirkham to adopt the minutes o� the special Council meeting of June 3, 1965 as submitted, Seconded by Sheridan. Upon a voice vote, there being no nays, the motion carried unanimously. APPROVAL OF MINUTES - REGULAR MCETING - JUNE 4. 1965e Councilman Wright stated that the minutes show on page 12 he was absent from the meeting of Sune 4, 1965, however, on page 13, the motion for the adoption of Resolution No. 91A-1965 reads motion by Wright which should read motion by Kirkham. Motion by Wright for adoption of the minutes of the regular Council meeting of June 4, 1965 as corrected reading motion by Kirkham to adopt Resolution Ido. 91A-1965 in place of the name of Wright. Seconded by Kirkham. Upon a voice vote, there being no nays, the motion carried unanimously: I�.J � �