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05/18/1970 - 5796� � , � � , � � r► � � � �� � t � COUN�IL SECY. JUEL MERCER - COIJN�IL MEET ING A�D19 � � 7:30 P.M• N1AY 18, � . REGULAR COUNCIL MEETING AGENDA - MAY 1g, 1970 - 7�30 P' M' ' pLEDGE OF ALLEGIANCE : , I.NVOCATION: ' ROLL CALL: ' ApPROVAL OF MINUTES: Regular Council Meeting, May 4, 1970 Special Council Meeting, May 11, 1970 1 ADOPTION OF AGENDA: ' . nsideration of Items not on Agenda - 15 Minutes) VISITORS. (Co ' OINTING OF MAY�R PRO TEM APP ' 'pUBLIC HEARINGS: t ' on Assessment forPo�asek's 1, �ontinued PubliceH�aSTng 969-1 (62nd WaY� Improvement ProJ � Addition) ' ' , SINESS: OLD BU ' Consideration of First Reading of an Ordinance for ;2, to rezone from R-1 to Rezoning Request (ZOA ��70'O1) R-3, Generally Located on 5th Street tb 7NormaneEt ' from Mississipp� to 63rd Avenue N. E. Y Riedel (Tabled Ap ril 20, 1970) ' �omment: This is being brought back to the Meeting per Council's previous motion) 1 , 1 Pages 1 - 3 pages 4 - 7 ' .__ __. ;, _ _. � - ' PAGE 2 REGULAR MEETING, MAY 18, 1970 ' OLD BUSINESS (Continued) 3. Consideration of Accepting Proposed Land Deed Around 37th Avenue Liquor Store from NSSSD Comment: City Attorney has reviewed proposed deed and he recommends acceptance. NSSSD Attorney wants this item and the vacation of Marshall Street treated as two separate items) 4. Consideration of Rezoning Request (ZOA 4k69-02) (George M. Nelson) To Rezone From R-1 to R-3A Comment: The Public Hearing was held on May llth. There was considerable oposition from neighboring property owners) ' 5. Consideration of Second Reading of an Ordinance Vacating Marshall Street (Request by NSSSD) (Comment: City Attorney has reviewed the proposed ' easement from NSSSD and recommends acceptance. He can elaborate further on this at the Council Meeting) , ' 6. Consideration of Second Reading of an Ordinance to Vacate Certain Streets and Easements in Pearson's Addition (5 Sands) (Coroment: We.have received necessary deed for new ' cul-de-sac so second reading vacating the old cul-de- sac can be held; also, the Mayor should be authorized to sign the deed releasing the easement) ' ' ' ' ' � 7. Consideration of First Reading of an Ordinance Regulating Burning; Adopting the Air Pollution Regulations of the Minnesota Pollution Control Agency by Reference; Providing Requirements for the Storage and Collection of Refuse; and Pro- viding Penalties for Violations of the Provisions Thereof (Comment: The Ordinance will be ready for the Meeting Monday evening) Pages 8 - 10 Pages 11 - 13 Pages 14 - 16 Pages 17 - 19 � REGULAR MEETING, MAY 18, 1970 PAGE 3 OLD BUSINESS (Continued) 8. Receiving City Attorney Opinion Regarding Mrs. Kuschke Vacation Request (Comment: City Attorney has promised to have his opinion ready regarding this item at the Council Meeting) 9. Consideration of Remaining Appointments to Committees and Comtnissions NEW BUSINESS: 10. Consideration of Request to Alter Landscape and Planting Plan - Holiday Store (Comment: Mr. Keith Holvenstodt will be present at the meeting with the plan) 11. Discussion Regarding Sidewalks on West Moore Lake Drive (Comment: The sidewalk will be staked on Monday as per Council instructions so that the property owners can comment before the Council at the meeting) 12. Discussion Regarding City Council's Request to Four Star Investment Company Apartment Complex for Fencing on the Back Lot Lines Along Jackson Street (Comment; The property owner seems to be hesitant to install the fence as requested by the City. We advised him to appeax before the Council to give his feelings. 13. Discussion Regarding Grading Plan for Park Construction, Chies, 0'Bannon property (Request by Park Construction) Pages 20 & 21 Page 22 Page 23 Page 24 � REGULAR MEETING, MAY 18, 1970 PAGE 4 NEW BUSINESS (Continued) 14. Consideration of Sheldon Mortenson's Sign at Skywood Mall, Continuation of Permit (On Agenda at Request of Councilman Sheridan) 15. Discussion Regarding Meadowland Park Ditch Piping and Improvements Comment; Don Bratt and other gentlemen have not reported back to us as regards their efforts for petition. We would like to keep going on this item to remove the hazard as soon as possible) 16. Discussion Regarding Lot Split Request by Clarence ' Fosse, 73rd Avenue Comment; Council approved the Lot Split with 7 Foot � side yard, but after the survey the actual house is only 4 feet) ' 17. Reconsideration of Proposed Final Plat (P.S. #68-06) ' Marxen Terrace (Thomas E. Marxen) Comment; This plat was approved before. He is ' bringing back for reapproval. We have some drainage problems in this area which should be discussed) � Pages 25 - 29 Pages 30 - 33 Pages 34 & 35 18. Consideration of Request for Storm Sewer Connection to Onondaga Street System by Mike J. Elnicky Page 36 Comment: We have drainage problems in thia general area which should be discussed and a policy formulated) REGULAR MEETING, MAY, 18, 1970 PAGE 5 NEW BUSINESS (Continued) 19. Receiving the Minutes of the Parks and Recreation Meeting of April 27, 1970 20. Receiving the Minutes of the Planning Coaunission Meeting of May 6, 1970 21. Receiving the Minutes of the Board of Appeals Meeting of May 12, 1970 0 22. Receiving the Minutes of the Human Relations Committee Meeting of April 30, 1970 23. Receiving Bids and Awarding Contract, Water Improvement Project �k98 (Bids Opened 12:00 Noon, May 18, 1970) (Comment; This is the water line in Great Northern Plat to connect to our new well in the southwest corner of the plat) I Pages 37 - 40 Pages 41 - �+4 Pages 45 - 48 Page 49 � REGULAR MEETING, MAY 18, 1970 PAGE 6 NEW BUSINESS ( Continued) 24. Consideration of Amendment to By-Laws of Fire Department 25. Receiving Memo from City Attorney Regarding Spring Lake Park Law Suit 26. Receiving Memo from City Attorney Regarding REC Charges 27. Receiving Memo from City Attorney Regarding Chies Mandamus Suit 28. Receiving Memo from City Attorney Regarding Oliver Erickson Request 29. Receiving Memo from City Attorney Regarding Noyes Matter Pages 50 & S1 � � � � REGULAR MEETING, MAY 18, 1970 PAGE 7 NEW BUSINESS (Continued) 30. Consideration of Having Friday as Holiday Before Memorial Day Instead of on Normal Monday (Comment; The schools are taking Friday the 29th as Memorial Day Holiday. Many of our employees have expressed the fact they would like Friday instead of titonday (our authorized day) in order that they can be with families) 31. Receiving Quarterly Report from Health Sanitarian 32. Consideration of Resolution Adopting Memo ��4-1970 as the Official Employee Education Program 33. Resolution Ordering Improvement and Final Plans and Specifications and Estimates of Costs Thereof: Street Improvement Project ST. 1970-4 (Addendum �kl) Comment: We have talked to Peter Lindberg in regard to the easterly half of Main Street right-of-way and advised him or his representative to appear about the right-of-way and utilities in the East Ranch 2nd Addn, proposed plat) 34. Resolution Confirming Assessment for Street Improvement Project ST. 1969-1 (Alden Way and 62nd Way Only) 35. Resolution Directing Preparation of Assessment Roll for Sewer Improvement Project ��91 � � Pages 52 - 54 Pages 55 - 58 Page 5.9 Pages 60 � 61 Pages 62 & 63 REGULAR MEETING, MAY 18, 1970 � PAGE 8 D1EW BUSINESS (Continued) 36. Resolution Directing publication of Hearing on Proposed Assessment Roll for Sewer Improvement Project �k91 37. Consideration of Resolution Waiving the Requirement of an Indemnifying Bond Prior to the Issuance of a Duplicate to Cover a Lost or Destroyed Order-Check 38. Resolution Ordering Preliminary Plans, Specifications and Estimates of the Costs Thereof: Street Improve- ment Project ST. 1970-4 (Addendum �i�2) Target Rosd Comment: Target warehouse people requested to pave a portion of this road. Council discussed their request and advised us to hold Public Hearing on doing the whole street) 39. Kesolution Receiving Preliminary Report and Ordering Public Hearing, Street Improvement Project ST. 1970-4 (Addendum ��2) Target Road 40. Claims 41. Licenses 0 Page 64 Pages 65 - 69 Page 70 Pages 71 & 72 Page 73 Pages 74 - 76 REGULAR MEETING, MAY 18, 1970 PAGE 9 NEW BUSINESS (Continued) 42. Estimates 43 . CO1�II�tUNICATIONS : A. Spur Service Station: Request for Improvement of Mississippi Street B. Bernice Olaen; C. Wm. D. Camp, Jr; D. Rev. Stone: ADJOURN; Requeat for No-Parking Sign on Onandaga Street REC Charge Refund Request permission to receive donations at Ballgame Pages 77 - 83 Page 84 Page 85 Page 86 Page 87 i� ' O ' ' ' 1 , ' :CHE MINUTES OF THE REGULAR COUNCIL MEETING OF MAY 4, 1970 Mayor Harris Pro tem calTed the Regular Council Meeting of May 4, 1970 ta order at 7:40 P.M. PLEDGE� OE ALLEGIANCE: The Cc�uncil and audience joined in saying the Pledge of Allegianae to the Flag. INVOCA.T ION : Reverend Bergren, Redeemer Lutheran Church offered the Invocation. ROLL C.ALL: MEMBERS PRESENT: Liebl, Harris, Breider, Sheridan NLEMBERS ABSENT: Kirkham PRESEN'PATION OF AWARDS: Mayor l:iarris Pro tem read the Certificate of Appreciation and presented it to. Mr. Th��mas Myhra, and added his thank you for his service. NOTE: The presentation of the Certificate of Appreciation fox Mr. William Jensen was made later in the Meeting when Mr. Jer�sen arrived. The Adminis- tration was informed to forward the Certificate of Appreciation to Donald Mittel:stadt who was not present. PROCLAI��IATION: FIRE SERVICE RECOGNITION DAY: ' Mayor ftarris Pro tem read the Proclamation proclaiming May 9, 1970 as "Fire Service� Recognition Day" aloud. � MOTION by Councilman Liebl to accept the Proclamation. Seconded by Councilman Breidex•. Upon a voice vote, all voting aye, Mayor Harris Pro tem declared the _ motion carried. ADOPTIQ�N OF MINUTES OF THE REGULAR GOUNCIL MEETING OF APRIL 20, 1970: MOTION by Councilman Sheridan to adopt the Minutes of the Regular Council Meeting of April 20, 1970 as presented. Seconded by Councilman Breider. Upon a voice vote, all voting aye, Mayor Harris Pro tem declared the motion carried'• ADOPTION OF AGENDA: Mayor Harris Pro tem said that Item #1 (Northern Paaific Railway Co. rezoninq and epecial use permit request) was to be deleted until they ask for it back on the Agenda. He said that 9A was to be added: Resolution requesting the Minnesota HIghway Department to install directional left turn arrows at T.H. #47 and 61st Av�enue N.E.; and under cemmunications to add: D: Petition for fence in Melody 1Kanor area; E: Holiday request, and F: Target request. REGULAR COUNCIL MEETING OF MAY 4, 1970 MOTION by Councilman Breider to adopt Councilman Liebl. Upon a voice vote, declared the motion carried. VISITORS: PAGE 2 the Agenda as amended. Seconded by all voting aye, Mayor Harris Pro tem Mayor Harris Pro tem asked if there was anyone present who wished to speak on any non-Agenda type item, with no response. CONSIDERATION OF SHOREWOOD PLAT AND VACATION REQUEST, AND DISCUSSION REGARDING DELAY OF INSTALLING BRICK ON SEARS STORE. MAX SALITERMAN: (Tabled April 20, 1970) The City Engineer said that this was a request for the vacation of about 1'� acres of property. He said that he would recommend that if the vacation takes place, there should be some negotiation for an exchange of property. This easement is for the drainage of the property down to Moore Lake. He said that he had requested Mr. Saliterman or his representative to be present. There was no representative present, so he suggested laying this over to later in the Meeting. ORDINANCE #452 - AN ORDINANCE TO AMEND THE CITY CODE OF THE CITY OF FRIDLEY, MINNESOTA BY MAK�NG A CHANGE IN ZONING DISTRICTS: STEVE CODDON: (ZOA #70-02 to rezone from C-1 to C-2, Generally located in the northwest corner of 73rd Avenue and University Avenue and request for special use permit) The City Engineer said that this is the second reading of the rezoning ordinance for commercial zoning. He also wants a special use permit for a car wash having gasoline punps. He is dividing the property into two sections. The north one is for a self service type of operation and the south one is automatic. He said that the facilities seem to be satisfactory but he wanted to point out that there may be some car stacking problems at peak periods. He felt that this type of operation is subject to peak periods. He requested an additional lane from University Avenue to the Service Road, there is only one lane at this time. He pointed out that this building should be mostly brick as it would be setting a precident for the south end of Commerce Park. This should be a condition of the special use permit. Councilman Liebl said that he assumed that the road was designed for commercial enterprise and the City Engineer said yes, the road was designed for industrial and commercial use. Councilman Liebl asked if the applicant was agreeable to the stipulations imposed. Mr. Ron Heskin said yes, they agreed with working something out. They plan on taking a portion of the green strip and making the additional turning lane. Councilman Liebl said that the City does not want to create a stacking problem and Mr. Heskin said that this is why the entrance and exit have been placed on the Service Road. Councilman Breider asked if the building would be brick. Mr. Heskin said that this would have to be worked out. They would rather use stucco with a mansard roof, at least for the self service section. He felt that brick for the self service section would be uneconomical, but they were going to use brick for the aut�natic car wash. He said that they would meet the City's standards, however. He pointed out that all four sides of the building are exposed, and then showed an elevation of the building. Council- man Harris pointed out that this would be brought before the Building Standards - � �, ' � � 1 I _J � REGUId�R COUNCIL MEETING OF MAY 4, 1970 PAGE 3 ' Design Control Subcommittee for their approval. Others in Commerce Park have , been �^equired to come up to the City's standards as far as the brick is con- cerneci. Mr. Heskin said that their contractor looked over the various types of bui.lding materials and came up with what he felt to be the best and most econoniical. Councilman Harris said that this request will have to come back � before� the Council before the permit is issued anyhow. Mr. Heskin asked if the� special use permit would be granted when the plans are approved and Counci.lman Sheridan said yes, it would not make sense to grant a special use , permit: for something that may not go in there. There is a possibility that after their deliberations, they may decide not to build there and the special use pe�rmit would be useless. MOTION by Councilman Breider to adopt Ordinance #452 on second reading, waive the reading and order the publication withheld until the plans are approved and the special use permit granted. Seconded by Councilman Sheridan. Upon a roll call vote, Sheridan, Liebl, Harris and Breider voting aye, Mayor Harris Pro tem declared the motion carried. CONSID.ERATION OF SECOND READING OF AN ORDINANCE FOR VACATION OF ACCESS ROAD GENERALLY LOCATED BETWEEN BENJAMIN AND STINSON BOULEVARD, NORTH OF GARDENA AVENUE: REQUEST BY LORRAINE KUSCHKE: The City Engineer said that this item had the first reading with no objections, but now there is some concern by some of the property owners using this access. Mr. P.ln1. Carlson, 1633 Gardena Avenue N.E., asked why this was turned back to the Ci�ty. The City Engineer explained that originally this was a 12.7' easement and she wanted to ge't a mortgage on her property to sell it, so she gave the City a deed for this property. Since then she has remarried and is living in the ,. house, does.not want to sell it, and would like to have the property back. Mr. Ca�rlson said that he lives on the same street and did not know about this before a few days ago. There are two other persons using this easement besides Mrs. Kuschke. He wondered how she could deed this to the City without the other people being informed. The City Engineer said that she owned the property and that M�:. Carlson has an easement over it. He said that he would still have the right. Mr. Carlson asked if the City would maintain it, and Councilman Sheridan said that the City does not maintain less than 40' street right of way with a drivinq surface. This is onl� 12.7'. Councilman Harris pointed out that Mr. Carlsori would still have the same easement and his access would not be taken away. Councilman Sheridan said that this was a private easement until she dedicat:ed it to the City. She owned the property. Mr. Carlson said that she had to drive across their property to get to their house and could not see how she cou�ld own it. Councilman Sheridan said that the information the City had was tha�t she was the owner and she had fee title. He suggested that as there is some quiestion raised that perhaps it should be turned back to the legal depart- ment fc�r further study. The City Engineer pointed out that the City filed the deed, s�o she must have been the property owner. With the request to have the propert.y turned back to her, the City Attorney advised that the City should go through. the legal steps for a vacation. The City Engineer agreed that as there is so�e concern shown on the part of the other property owners, that this should be researched to assure these people that they will not be lqsing anything, MOTION by Councilman Sheridan to table consideration of this ordina:ace for the vacation request by Lorraine Kuschke, and refer to the legal department for further.research. Seconded by Councilman Breider. Upon a voice vo�e, all voting aye, Mayor Har�,�S �ro tem declared the mot�g� �a,r�x}�a�, � REGULAR COUNC IL MEETING OF MAY 4, 1970 PAGE 4 , ORDINANCE NO. 453 - AN ORDINANCE AMENDING THE CITY CODE BY PRvVIUING SECTION 2.05 THEREIN AND PROVIDING FOR THE APPUINTMENT OF A DEPUTY CITY CLERK: MOTION by Councilman Liebl to adopt Ordinance #453 on second reading,iJpa�nve the reading and order publication. Seconded by Councilman Breider. a roll call vote, Harris, Breider, Sheridan and Liebl voting aye, Mayor Harris Pro tem declared the motion carried. FURTHER DISCUSSION OF CITY ATTORNEY MEMO ON HYDE PARK IMPROVEMENT AND REZONING: (Tabled April 20, 1970) Councilman Liebl asked the favor of the Chair to let Councilman Sheridan preside, if Councilman Harris would be willing to move for reconsideration. He was on the prevailing side on the motion, so the motion for reconsideration must come from him. Councilman Sheridan agreed that the only way that this can be reconsidered is if the prevailing side were to bring it back. He understood from the last meeting tha t the intention was to bring it back for a full Council, but that is not possible tonight because of Mayor Kirkham's illness. Councilman Haxris agreed that it should be a full Council. Councilman Liebl commented that the Mayor said at the last meeting that he had gotten the message from the people present and that he desired the people to write to him letting their wishes be known. He said that he assumed that the Council was fully aware of what the intentions of the people in the Hyde Park area are. He said that he thought that the people are entitled to know why Councilman Harris turned this ordinance down on second reading. Why did he change his mind? Councilman Harris said that he has stated his reasons publicly and they are a matter of record. Since the first reading, he has discussed this item with the members of the Planning Commission. He said that he did this because of questions raised prior to the second reading. The Planning Commission voted 5 to 0 to turn down the proposal accepted by the Council, and offered instead a plan to the Council and the people in the area, that the City spent some $2500 on for the planner. He said that he had dis- cussed this plan further and is convinced that this plan is superior to the plan accepted by the Council. He said that he was not against the rezoning and that this area must be cleaned up, but he felt that a better method of arriving at a solution could be found. He said that today, and in the past, he'does support the rezoning of Hyde Park, but he does not support the plan approved. Mr. Don Weeding. 247 59th Place N.E., said that he has not seen any of these plans. He said that about three years ago they tried to stop some spot zoning, speaking of Holiday. Councilman Harris asked if he was in attend- ance at the Planninc� Commission Meetings when these plans were discussed. Mr. Weeding said that he was not sure, he had been to so many meetings. Councilman Harris said that the planner made a study and came back to the Planning Commission with his recommendation with a couple of alternates. This was presented to the Planning Commission as a feasible and workable plan, based on a commercial zoning. He said that there has been a lot of time spent on this area, and he assured Mr. Weeding that he was not against the rezoning, it was just that he did not feel that the plan accepted was the best plan for Hyde Park. Mr. Weeding said that after three years he felt that there should be sOme action. ' ' ' ' REGULAR COUNCIL MEETING OF MAY 4, 1970 PAGE 5 , Counc.ilman Liebl said that the Council unanimously rejected the plan done , by th�s professional planner, and instructed the City Manager to draw up a plan :Eor the approval of the Council, which he did and it was approved. After that the slip-off was approved and the Highway Department was approached ' for their approval. After the slip-off approval and the first reading there was a delay in seating the First Ward Councilman, then there was the second readirig, which failed. He said that he was under the impression at that time, that he did have the majority vote. He said that if Councilman Harris ' was si.ncere, he should not have voted against the Planning Commissian pro- posal. The Councilman At Large is elected to ser�ve the people to the best of his� ability, and the people of the Third Ward want responsible leadership � from t.he Councilman At Large. The people from Hyde Park then applauded in support of Councilman Liebl's stand. Councilman Harris said in reply to Councilman Liebl that when the first discussions we�e held on the plan done by the planner, it was felt that they were too bold. He felt that the Council did not get an adequate chance to sit do�wn with the Planning Commission and go over the plans thoroughly. He said tihat it is his prerogative, as a Councilman, to change his mind, and he did so with a clear conscience. He said that it was not in line to chasti;se a member of the Council for changing his mind. He said that he wanted the people in the area to be fully aware of what this would mean to them. The City ordinance does say that there must be 200 feet frontage and this cc�uld put some people in the position of not being able to use their properi:y. He said that if it is the decision of the people that they are willinq to assume the consequences and the problems built into this type of plari, and if the value of the property does not come up to their ex- pectations, he did not want them to come back and point a finger at him, as he Y.ias done his best to protect them. He then asked for a raise of hands of thos;e in favor of the rezoning as proposed, and about 25 �eople raised their h.ands, with no one in opposition. Councilman Harris then said that it appears that the majority of the people want the project as it stands. % MOTION by Councilman Harris to bring the Ordinance back for reconsideration. Councilman Harris said that if this rezoning should be passed this evening, he wanted it known that if someone is disappointed in the rezoning and their expectations do not come to pass, that he has issued his pleas to the people for rea�nsideration. Interim Chairman Sheridan called for a second. THE MOT:ION seconded by Councilman Liebl with the comment that this motion did come fr��m the prevailing side. Mrs. O'Berg asked if the Council was talking about the improvements or the rezoninq. Interim Chairman Sheridan said that the rezoning was under con- siderat_Lon. The action of the Council would be the second reading of the Ordinanc:e for rezoning. Mrs. O'Berg wondered why put in the slip-off whe� it is not };nown what type of businesses would be going in there, and felt that this should wait. Mr. Carl. Paulson asked if the 200 foot frontage minimum would be unconstitutional, and the City Attorney said no. Mr. Paulson asked what people would do with with the small lots and the City Attorney said that they could merge with other prroperty owners, or appeal for a waiver under hardship. Councilman Sheridan. explained that this is part of an ordinance already passed by the City and was done prior to the first reading of this ordii�����. Councilman Harris k , REGULAR COUNCIL MEETING OF MAY 4, 1970 PAGE 6 � ' said that this was one of his original fears, that there would be some isolated lots that could not be used. There is a minimum of 25�OODsquare ' feet required. Mr. Andrew Kohlan said that the proposed suit against the City is being held in abeyance until the determination of the Council is made. Councilman Liebl pointed out to Mr. Paulson that Councilman Harris felt very strongly that there should be a minimum square footage. It was felt that if ' the parcel was bigger, it would give a commercial development a chance to grow. This was adopted for the whole of Fridley. , ,!�12.�;;6d,.r,^� �.'%,taa.►,.'y �-'�,. ,..: !c t..t e. <",t..,.� THE VOTE UPON THE MOTION, being a voice vote, all voting aye, � tem declared the motion carried. ORDINANCE NO. 454 - AN ORDINANCE TO AMEND THE CITY CODE OF THE CITY OF FRIDLEY, MINNESOTA BY MAKING A CHANGE IN ZONING DISTRICTS: (Hyde Park) Interim Chairman Sheridan declared the Ordinance is now back on the table, and read the heading for the benefit of the audience, and said that he would entertain a motion for the second reading of the Ordinance. MOTION by Councilman Liebl to adopt Ordinance #454 on second reading as it appears in March 16, 1970 Agenda, waive the reading and order publication. Seconded by Councilman Harris for discussion. Councilman Harris said that he has stated his fears and is willing to bow to the wishes of the people. If there are some changes in the area, he said that he hoped that they would be for the better. He said that he is willing to vote affirmative. UPON A ROLL CALL VOTE, Liebl, Harris, Breider, and Sheridan voting aye, Interim Chairman Sheridan declared the motion carried. The City Manager informed the people that 15 days after publication, this Ordinance will become law. Mr. Eldon Schmedeke said thank you to Councilman Harris for his motion for reconsideration, and that he wished Mayor Kirkham had been here to thank also. Councilman Liebl said that he would like to add his thanks to Councilman Harris, and added that he hoped for a proaperous development. !� CONSIDERATION OF RE UEST FOR PERMIT FOR DOUBLE BUNGALOWS IN HYDE PARK: ROBERT � KALLSTROM: (Tabled April 20, 1970) MOTION by Councilman Sheridan to deny the request for a building permit in Hyde Park in light of the previous Council action in rezoning the area, and instructed the Administration to communicate this information to the applicants. Seconded by Councilman Liebl. Upon a voice vote, all voting aye, Mayor Harris Pro tem declared the motion carried. I CONSIDERATION OF REMAINING APPOINTMENTS TO COMMITTEES AND COMMISSIONS: Councilman 5heridan said that he had talked to'someone for the vacancy on the Plats and Subdivisions - Streets and Utili�ies Subcommittee, but did not , REGUI.AR COUNCIL MEETING OF MAY 4, 1970 �� PAGE 7 have t:heir final approval, so he would like to table this item. Mayor � Harri:� Pro tem said that �he Human Relations Committee appointment would also have to wait due to Njayor Kirkham's illness. , � MOTIOI�f by Councilman Sheridan to table the remaining appointments to Plats and Subdivisions - Streets and Utilities Subcommittee and the Huatan Relations Committee. Seconded by Councilman Liebl. Upon a voice vote, all voting aye, Mayor Eia,�ris Pro tem declared the motion carried. RATIFICATION OF RESOLUTION #80-1970 - A RESOLUTION PROVIDING FOR THE APPOINT- MENT OF MARVIN BRUNSELL AS ASSISTANT TO THE CITY MANAGER AND PRESCRIBING HIS DU'I'IES : MOTION by Councilman Sheridan to ratify Resolution #80-1970 passed April 20, 19'70. Seconded by Cou�cilman Breider. Upon a voice vote, all voting aye, Mayor Harris Pro tem declared the motion carried. RESOLU'.CION #93-1970 - RESOLUTION REQUESTING MINNESOTA HIGHWAY DEPARTMENT FOR DII�ECTIONAL LEFT TURN ARROWS ON T.H. #47 AND 61ST AVENUE: Counci]_man Liebl pointed out that there was a fatal accident at .this interse�ction this week end. MOTION by Councilman Sheridan to adopt Resolution #93-1970. Seconded by Councilman Breider. Upon a voice vote, all voting aye, Mayor Harris Pro tem declared the motion cazried. CONSIDERATION OF SHORE1n�00D PLAT AND VACATION RE UEST, AND DISCUSSION RE�Ai�SDING DELAY OF INSTALLTNG BRICK ON SEARS STORE. MAX SALITERMAN: Mr. Virgil Herrick, representing Max Saliterman, said that a proposal has been worked out acceptable to the property owner and hopefully to the City of Fridley. Mr. William Jensen of Suburban Engineering is present as he did the wor:k on the plat. There are easements provided where the utilities are located in the ground. There is also a storm sewer easement running through the cen•ter of the plat. He said that this is good commercial property and the standards of the City are such that he did not feel that the City would want an 'open drainage ditch running throug h the Shopping Center. He said that the�y would enter into an agreement with the City for the future under- ground storm sewer, and grant an easement when it becomes necessary when the locaation is ascertained. There is some question whether it would drain north to Rice Creek or south to Moore Lake. Mr. William Jensen added that the plat: has been before the Planning Commission and at that time a minor correcti.on was made relating to Lot 1, Block 3 to cover the Planned Develop- ment Di��trict lot. This will be corrected on the final plat. Councilman Liebl said tha� there were some home owners concerned about the steepness of the slope adjacent to their property. Mr. Herrick said that Mr. Saliterman asked the �ontractor to talk to the property owners and grade as per their wishes after talking to them. Councilman Sheridan asked what if the property were to change hands. Mr. Herrick said that it could be made binding upon all heirs ancl assigns. Mr. Herrick said that there is a question if the storm sewer will be ne�ded. It is not now determined how the pro- perty will develop and to giv� easements now would encumber the property. I O MAY 4 1970 PAGE 8 ' REGULAR COUNCIL MEETING � , . � The City Engineer said th�t the City of Fridley actually has title to the property. It is about l� acres or about 71,000 square feet. If the system � were to go to Moore Lake �t could not be underground and it would have to be an open ditch. An underg�ound system would have to be drained eventually to Rice Creek. In that event there would be a need for the storm sewer ease- , ment. This type of system would be very expensive. If the Council is going to vacate he felt that th� City should at least retain an easement and relocate it later if nece�sary. As long as the City would be relinquishing about 1� acres, he felt that there should be some negotiatioii for an exchange , of property. Mr. Jensen then showed the Council the Certificate of Title the City holds on the property, and Mr. Herrick added that the title specifies it is for storm sewer purposes. ' ' Councilman Sheridan asked the City Engineer if he had discussed a possible trade of land with Mr. Sa�iterman. The City Engineer replied that this would be a Council decision, however, Mr. Saliterman is aware of the possibility. , Councilman Liebl said that if it is the recommendation of the City Engineer to retain enough land through an easement for an open ditch, he felt that his recommendation should be followed. He wondered how many feet that would be. ' Mr. Herrick said that the Engineers could get together before the final plat on the exact footage needed. He pointed out that there would have to be a public hearing and an Ordinance for the vacation of the property owned ' b� the City. Councilman Harris said that the hearing could be held between the time of approval of the preliminary plat and approval of the final plat. MOTION by Councilman Sheridan to accept the preliminary plat subject to the � easements being dedicated, and noting that the storm sewer easement is actually owned by the City through title to the property. Seconded by Councilman Liebl. Upon a voice vote, all voting aye, Mayor Harris Pro tem � declared the motion carried. RECESS: Mayor Harris Pro tem declared a recess from 9:05 to 9:22 P.M. PRESENTATION OF AWARD: The presentation of the C�rtificate of Appreciation to Mr. William Jensen was then made with Mayor Harris Pro tem reading the Certificate aloud. He added his thank you for M�. Jensen's efforts on the Planning Commission. DISCUSSION REGARDING PROPOSAL BY DICK CARLSON OF PARK CONSTRUCTION COMPANY FOR ACTING AS AGENT FOR THEIR PROPERTY, CHIES PROPERTY, MIKE 0'BANNON PROPERTY ETC.: The City Engineer said that Mr. Dick Carlson approached the City of Fridley in regard to these properties, which have been a sore point with the City, principally because of a lack of coordination. Now Mr. Carlson is proposing to act as the agent for �hese properties and try to get some grades estab- lished. Mr. Dick Carlson said that he would ask the Council to grant an excavation permit. He would be act�,ng as agent for the Chies property, O'Bannon property and Park Construction property to try to get some overall qrades established and make the la nd ready for residential development. He said as � ' REGULAR COUNCIL MEETIN G OF MAY 4, 1970 PAGE 9 ' the Council knows this has been a problem area. Four years ago Park � Construction was granted an excavation permit, posted a bond and completed their portion of the work. He said that he has tried diligently to create an atmosphere conducive to a residential development. He said that they were not builders, but land developers. He said that an � builder has been disillusioned at the ru Y Prospective area and this is an attempt to tie them alldtterrain and the chopped up area. The onl wa to alether into one buildable Y y get this accomplished is if one contractor has the � authority to work with the City toward an amicable solution. He said that they were as yet unaware of the amount of excess material on the Chies property, but there is some excess on the O'Bannon property. He said that � he believed that since he was up here last, Mr. Cochran's property has made a change in ownership. He said that he had a one year exclusive binding contract with Chies for the removal of any fill from the Chies property. Councilman Harris said that he thought that he considered his property done. Mr• Carlson said yes, unless his elevation will have to cane up with the grading of the adjacent properties. Their goal is to make one large buildable piece of land. Councilman Harris said that he appreciated the effort to bring the land up to one level. He thought that the Chies property was lo`,rer than the Park Construction property. Mr. Carlson said that it was higher. He said that there is a possibility that there may be no excess fill to be removed. Councilman Harris pointed out that there has been one bond called in, and commented that to date the property owners have not been able to get together and set any grades. He questioned whether the City would be any further ahead. Mr, Carlson said this property has remained stagnant and it is hoped that can get some home developers interested in the area. Councilman Harris asked if the material will be removed to make it level with Park Construction Company property. Mr. Carlson said that it would be removed in such a way as to not be harmful to the development, and so that the property is not chopped up. Councilman Sheridan �said that he had reviewed this property with Mr. Carlson, and it appeared that there may have to be some removed from the Chies property to blend the grade and a considerable amount from the O'Bannon pro- perty. He said that the property owners feel that with the amount of estimated soil that could be removed they can make the grade adaptable to development and that it would be feasible from a business standpoint. The Chies property has been a cancer to the City as far as this Council is concerned. He said that he was very pleased with the operation on the Park property. He said that because of Mr. Carlson's good working relationship with the City, he felt that something productive could be accomplished. Mr. Carlson said that he would like to have the Council grant the City Engineer the auttArity to work with them on setting out the proposed grades so that they would have something to work with. At this time if they hire an engineering firm, they may be expending money for nothing. Mr. Carlson said that the O'Bannon property is the control and the other properties have to be blended into his. Park Construction property is mined as much as possible. By contouring the property a suitable.blend could be attained. He said that when they did their work they did oil the streets to keep down the dust for the benefit of the neighbors. If granted a permit, they plan to do this again, and they also plan on posting a bond. Once the grading is REGULAR COUNCIL MEETING OF MAY 4, 1970 PAGE 10 � � started, some of the holes could be filled. Councilman Harris said that there have been some calls about these holes from residents concerned about the � safety aspect. The City Engineer said that he had met with Mr. Carlson and looked at the � property. He said that he was sure that he could work with Mr. Carlson as he has done successfully in the past. The southwest corner of O'Bannon's property is low. If the Council allowed it to be a retention basin, then there would be one set of street grades, but if they feel that they do not � want a retention basin, then there will be another set of street grades. There are big holes now on the O'Bannon property that act as a retention basin. Mr. O'Bannon then went to the screen and pointed out his area and the , estimated elevations of the various parts of his piece of land. He said that there is never water standing in the holes. The City Enginee�' said that he agreed that there was no water standing now, but as the property develops there would be more run-off. The Council should decide if they want a � retaining basin or set the grades for a full system without a retention basin. Mr. O'Bannon said that he would prefer the retaining basin. It is all gravel and does not hold water. He said, pointing to the map that the ' elevation was about 890' at the top, 930' in the middle and about 890' in the southwest corner. Councilman Leibl said that he shuddered to think of another retention basin. He said that you would have to look at the overall ' picture and if this would be the best solution. He did not want to retain a hazard or a problem. Mr. O'Bannon felt that there would be only two lots, that would drain into the basin, the rest would drain out to the street. The City Engineer asked if he should set the grades for a retaining basin � then. Councilman Sheridan said that this could be determined when all the grades are set. It would have to be determined if it would only drain one or two lots or a large area. ' MOTION by Councilman Sheridan to authorize the City Engineer to work with Park Constructis�n to come up with a proposal for the grading of the Chies, O'Bannon and Park Construction property, with the grades to be set by the City Engineer and approved by Park Construction, and the plan returned for Council approval. The City Manager suggested that once the grades are proposed that it could be brought back to the Council. Nothing further could be done until the grades are set anyhow. THE MOTION seconded by Councilman Liebl. Upon a voice vote, all voting aye, Mayor Harris Pro tem declaxed the motion carried. CONSIDERATION OF RE UEST FOR PERMISSION TO FILL AREA BETWEEN MISSISSIPPI AND RICE CREEK ROAD EAST OF CENTRAL AVENUE: (TED GONSIOR) The City Engineer said that this request is for the same general area as the previous request. The reason this is broughttJo the Council's attention is that he wants to fill in some of the area which now serves as a retention basin. As the low land fills, it slowly drains into Moore Lake. If granted permission, he would like to fill over a period of time. He suggested that he could be allowed to bring up the edges of the property abutting streets higher than the middle, but this would cut down on the retention area. , REGULAR COUNCIL MEETING OF MAY 4, 1970 PAGE 11 ' Councilman Sheridan felt that the Council must allow this man to utilize his land. The City Engineer said that the applicant would like to fill � along Rice Creek Road in Parcel 620. He wants to fill as much as he can. Councilman Harris wondered if an elevation should not be set and have it brought back. Councilman Liebl commented that Lot 2 is very low, but the , southerly lot on Rice Creek Road could be filled. Councilman Sheridan felt that he should have an elevation he could be allowed to cane up to. MOTION by Councilman Sheridan to authorize the City Engineer to work with Mr. Ted Gonsior on the grading of Parcel 620, and set an elevation that }�e would be allowed to fill to. He could then return the plan to the Counail and get a permit to fill to that level. Seconded by Councilman Liebl. Upon a voice vote, all voting aye, Mayor Harris Pro tem declared the motion carried. DISCUSSION REGARDING WATER AND SEWER SERVICE TO 6880 EAST RIVER ROAD: (M.P. BOZONY): The City Blgineer said that on October 13, 1969 the Council authorized water and sewer services to be proviried to 6880 East River Road. Some surveys have been run and service can be made by hooking onto the Hartman Circle line. Hooking onto the east side of East River Road would be an expensive type of venture. The proposal to the property owner was that the City would provide facilities to the southwest corner of the lot and also provide the cost of an ejector pump, including the installation, and the electrical service to serve the pump. The cesspool is at the back, so the �lumbing is geared correctly. The cost would be $2,021.00. Some of the work can be added to other contracts. There is $950 for which there is no bid on. All the equipment and services will be bought from different vendors. Councilman Liebl said that as was pointed out in the motion of last year, the City is obliqated to give him service to the property line. In order ' to provide this service the City will have to do some additional work. He asked if the City was obligated to give him the hookup to the property. The City Attorney said only to the property line. Mr. M.P. Bozony said that he talked to Vern Olson, Plumber, and he received a letter from him which he read aloud. Mr. Olson indicated that there would be an additional cost of $250 for hooking up the sewer. The necessary pump is the result of not being able to hook onto the East River Road line. He said that.he realized that he would be responsible for the hookup in the house, but this $250 is part of the ir.stallation cost of the pump. He said that Mr. Olson was going to come to his house the next day. Councilman Sheridan asked what the difference in elevation would be at the • manhole outside of Mr. Bozony's property. The City Engineer said that there would be about 8' of difference. It would be more costly to install the pump in the manhole as it would have to be protected from the weather. The cheapest way is to install it in the basement. Councilman Sheridan said that there would have to be additional electrical service, and the City Engineer said yes, the higher voltage is needed. He said that it appears the City will be paying about three times the amount he paid in assessments. Councilman Liebl pointed out that this assessment was levied some time ago when the costs were much less, and this is not this man's fault, it is a City obligation. REGULAR COUNCIL ME ETING OF MAY 4, 1970 PAGE 12 ' � Councilman Breider questioned where the extra cost of $250 would come from. There is already a charge for connecting the ejector pump. He asked if there would not have to be quotes taken. The City Engineer said that if a job is less than $5,000, it does not have to be let, but there would be three quotes taken. Councilman Sheridan said that originally he thought that this would be a structure outside of the home. After the job is done, it would then be turned over to the property owner. The City Engineer agreed that once the City is done with it, a release should be signed and it is then the concern of the property owner. The City Engineer said that this type of service has been installed in other cases, but the property owner paid for it. In this case, this man has been assessed. The City Attorney suggested that there should be a formal release wYi�n the work is done. MOTION by Councilman Sheridan to authorize the expenditure of the necessary funds to provide sewer and water service at 6880 East River Road for Mr. M.P. Bozony, and get a formal release from him when the work is done. Seconded by Councilman Liebl and upon a voice vote, all voting aye, Mayor Harris Pro tem declared the motion carried. CONSIDERATION OF RE UEST FOR APPROVAL OF PLP,NS FOR DRIVING kANGE NORTH OF 81ST AVENUE (ROGER JONES): The City Engineer said that the Council granted approval of the concept of this plan last November. Since that time Mr. Jones has had some title problems that are now straightened out and he is anxious to start. The land is to be divided into Tract A, B, and C by a survey, which will be coming before the Council. He explained that the black lines on the map in the Agenda are the existing easements and it was his recommendation that the petitioner should dedicate three additional easements, one along the east, one along the west side and one along the south side, to include an easement for a possible loopback. It is not known at this time what type of road pattern will be needed. If they are not needed in the future, they could be vacated. A drivinq range just has a short season and he is anxious to start. He plans on building a small building along the lines of a warming house and showed the plans on the easel. He said that he would recommend that the special use permit could be for three years, renewable for an additional two years, and at the end of five years the installation could be considered permanent and he would then be required to follow all the City Ordinances in regard to blacktopping, curb and gutter, etc. Councilman Harris asked Mr. Jones if he was agreeable to this, and Mr. Jones replied that he was. Councilman Liebl agreed that the permit should be at least five years as he will be investing a considerable amount of money and it will take a few years to establish his business. Mr. Jones agreed and said that he would not get a return back on his investment in one year, and he felt that it should be a five year permit. A permit for an operation such as this would give the City some control to assure them that he will not be running a shoddy business. The City Engineer said that the petitioner should also be willing to go along with the water, sewer and storm sewer improve- ments when they go in. This area is industrial and will eventually develop as such. ' REGULAR COUNCIL MEETING 0�' MAY 4, 1970 PAGE 13 , Mr. Richa rd Harris said that he was very much in favor of samething going into this piece of land. He asked about how large the loopback would be. 1 Councilman Harris said it would have to be 250 feet from the street, and would be about 1� acre parcel. Mr. Richard Harris said that this would be another potential site for a gas station. The City Engineer pointed out � that before a filling station could go in, the Council would have to grant a special use permit. Mr. Harris said that he was not quarreling with the loopback concept, but he wondered what would be done with these small . parcels of land as more and more loopbacks are created. Mr. Jones asked how close the sign could be to University Avenue. The Grity Engineer said about 60 feet from the highway. Councilman Harris said that the sign ordinance would give him all the additional information he would need. • MOTION by Councilman Breider to grant a special use permit to Mr. Jones sub- ject to dedicating the three easements, submitting a registered land survey, the special use permit to be for three years, renewable up to five years, at which time the business will be considered permanent and he will be expected to comply with all the Code requirements, and with the understanding that he will not oppose the sewer, water and storm sewer improvements when they go in in the future. Seconded by Councilman Liebl. Upon a voice vote, all voting aye, Mayor Harris Pro tem declared the motion carried. RECONSIDERATION OF BUILDING ON UNDERSIZED LOT, FRANK DIRCZ: (On Agenda �t the request of Councilman Liebl) The City Engineer explained that Mr. Dircz owned three lots, and is trying to split them into two lots. He has a house on Lots 28 and 29 and he wants to split off 10 feet from Lot 30 and add to Lot 29 to make.a lot �5.12 feet deep. The previous action by the Planning Coa¢nission was to deny the lot split, although the Board of Appeals approved of the variances requested. Councilman Liebl pointed out that there was a petition from the neighboring residents in favor of his building a house on this lot. He said that as there was a member of the Board of Appeals in the audience, he would like to ask him why the Board of Appeals granted this request. Mr- Mike 0'Bannon said that when he was on the County Board he went to Mr. Dircz and asked him to buy this additional lot in an effort to get it cleaned up. At that time the taxes on Lot 30 were $20, now they are $109 for this year. He felt that any lot that is taxed for $109 should be con- sidered a buildable lot. Mr. Dircz came before the Board of Appeals and asked if he could not put a small home on it. The Board of Appeals approved of his request, but from then on it was disapproved. Mr. O'Bannon felt that when being taxed to that extent, he should have the right to use the property to some advantage to himself. Councilman Liebl said that the applicant plans to face the house toward 3rd Street, and the setback would be 35 feet. He did not feel that there would be any trouble with vision while driving. He said that he had inspected this site, and did favor this request last year. He said that he would not like to see Lot 30 go back on the tax forfeit list, and would urge recon- sideration. REGULAR COUNCiL MEETING UF MAY 4, 1970 PAGE 14 ' Councilman Sh�ridan said that he did not feel th at the house should be ' closer than 17� feet from 49th Avenue for clear vision on any corner lot � for the safety of the travelling public. This would mean that the house width could be only 20 feet. MOTION by Councilman Liebl to grant the lot split requested by Mr. Frank Dircz on Lots 29 and 30, Block 1, Plymouth Addition, as shown on Page 73 of the May 4, 1970 Agenda. The motion was seconded and upon a voice vote, Breider, Liebl and Sheridan voting aye, Harris voting nay, Mayor Harris Pro tem declared the motion carried. It.was agzeed that Mr. Dircz was to re-apply for the variances needed with the Board of Appeals. DISCUSSION REGARDING FENCING__ON THE NORTH:SIDE OF COUNTRY KITCHEN RESTAURANT: The City Engineer explained that the Council approved the plans for Country Kitchen pxeviously, including a 3' high fence along the north side of the propexty. Now there is a request from the property owner to the north that the fence should be 6' high. Country Kitchen is willing to build it, but they are not actually in favor of it, and want to be assured that there will not be other similar requests. The property owner to the north has insisted on the 6' high fence and he did not want them to come back in later saying that the fence looks terrible. Mr. Rrthux Lindquist, Country Kitchen said that they have offered the City several dispensations. They have directed their personnel to keep the drapes closed on that side of the building, and have also changed the location of the fence slightly so that it would be actually 4' above the ground level. He said that they will agree, but they do object, as it is felt that this will obstruct the view coming down University Avenue. Councilman Harris said that he would not favor the fence 6' high in view of the rezoning that just passed on the property to the north. Mr. Lindquist added that the refuse containers are enclosed in a 6' high redwood fence. The City Engineer added that there would also be plantings in addition to the 3' fence. ' Mr. Max Hapka said that they moved into this area in 1964 and thought that it would be a residential area. They also rebuilt after the tornado. He said that he was not against progress, but they did want their privacy. He said that he did not see why when this was planned, they were not told. xe said that they were also left out of the Hyde Park rezoning notices. He said that he was the owner of the property. Councilman Liebl said that they were on the mailing list, as he remembered seeing their names. Mrs. Hapka added that there are big windows in Country Kitchen that face their yard. A 3' fence will not keep people from looking right into her yard. She added that Holiday Car Care Center has a 6' fence. She felt that anyone in the restaurant could watch them in their home. Councilman Harris pointed out that it would be poor planning for every business all up University Avenue in the newly rezoned area to put up 6' fences all around their property. Mrs. Hapka pointed out that there usually is not a residence across the street. Councilman Sheridan said that it was the policy of the Council to not put a fence on a street side. If it was an alley, or the back of the p�����'�y� it would be a diffsr�}�� xnatter. 1 REGULAR COUNCIL MEETING OF MAY 4, 1970 , PAGE 15 Mr. Hapka said that Mx. Li�dquist said that it would obstruct the view from the north, but they have a large sign out in front. He said that it is � a very nice building, but they must insist on their privacy. Councilman Sheridan said that he could see no reason for changing the stipulation from the 3' fence. Councilman Liebl agreed and said that the Council has stipulated that theze was to be landscaping to spruce up that side of the building. The Council has never permitted a 6' fence on the street side of a builc�ing. Counailman Breider $aid that he concurred. FOOD ESTABLISHMENT LICENSE: Mr. Lindquist said that they are planning on opening Thursday and have applied for a food establishment license. The Health Sanitarian has already inspected the property. The City Manager said that the Health Sanitarian's report has not been received as yet, but the license could be approved subject to his approval. MOTION by Councilman Liebl to grant a Food Est�blishment=License to CountXy Kitchen, subject to the approval of the Health Sanitarian. Seconded by Councilman Sheridan. Upon a voice vote, all voting aye, Mayor Harris Pro tem deClared the motion carried. . APPROVAL OF SPECIFICATIQNS AND CALLING FOR BIDS ON NEW FIRE APPARATUS: The Fire Chief said.that last fall the Council authorized the preparation of the plans and specifications for a new pumper. This will be the same as the one last purchased. The Fire Prevention Bureau Chief added that it is about two years between the call for bids and delivery of the pumper. He said that the City must think of the status of the total apparatus needs. There is now a lag of about 20,000 gallons per minute short, and the ladde.r is about 20 years behind. He said that they can now pump about 3500 gallons per minute. He said that the City was getting into a marginal area as concerns what they could do, and as there is more industrial and commercial development, the load will be even greater. Councilman Harris asked about the purchase of used equipment because of the time element. The Fire Prevention Bureau Chief said that this was tried about 2 or 3 years ago and they did not have a very good experience with it. He said that there were some expensive repairs to be made on the engine and the pumper. He said that the Council should consider a bond issue to bring the equipment up to date, and that it could be worked out on about an 8 year basis. � Councilman Harris asked the estimated cost of the new apparatus and the Fire Prevention Bureau Chief said about $42,000 for this unit. i MOTION by �ouncilman Sheridan to approve the specifications for a new fire apparatus and authorize advertisement for bids until �uly 6, 1970. Seconded by Councilm�Zt Breider. Upon a voice vote, all-voting aye, Mayor Harris ; Pro tem declared the motion carried. REGULAR COUNCIL ME ETING OF MAY 4, 1970 PAGE 16 � ' CONSIDERATION OF LIpUOR STORE CLERKS (LOCAL #792) WAGES AND BENEFITS NEGOTIATIONS RECOMMENDATIONS: The City Manager commented that this was the same type of agreement as was reached with the bartenders and waitresses. MOTION by Councilman Liebl to concur with the zecommendations of the City Manager. Seconded by Councilman Sheridan. Upon a voice vote, all voting aye, Mayor Harris Pro tem declared the motion carried. - CONSIDERATION OF REQUEST FOR OFF-CENTERING THE NEW HICKORY DRIVE (ST. 1970-1) REQUEST BY WILLIAM C. HOFFMAN, COLONEL,(RTD.): The City Engineer explained that there is a letter in the Agenda concerning a request to off-center Hickory Drive. Mr. Hoffman would like to have the road stay at the same location as it is now, which is about 10 feet off- center to the east within the existing right of way of 60 feet. He said tY�at all the property owners_that would be affected have been notified of the proposed change. He said that he would like to make certain that everyone in the area concurs, and if so, he would like Council approval. Normally a street is centered within a right of way. There are five property owners affected. He said that they would like to start installation of the storm sewer ahead of tk�e N.S.S.S.D. lines going through this area. Dr. Ted Lester said that he has had some discussion with his neighbors and they would like the road to be located where it has been. There was a mistake many years ago, but as a result of the.correction, there would be . shxubs and trees lost. The other property owners in the audience indicated their agreement. MOTION by Councilman Breider to approve of the-off-set of about 10 feet for Hickory Drive under Street Improvement Project St. 1970-1. Seconded by Council�an Liebl. Upon a voice vote; all voting aye, Mayor Harris Pro tem declared the motion carried. RECEIVING THE MINUTES OF THE PLANNING COMMISSION MEETING OF APRIL 22, 1970: MOTION by Councilman Liebl to receive the Minutes of the Planning Commission Meeting of April 22, 1970. Seconded by Councilman Breider. Upon a voice vote, all voting aye, Mayor Harris Pro tem declared the motion carried. RECEIVING THE MINUTES OF THE BUILDING STANDARDS - DESIGN CONTROL MEETING OF APRIL 23, 1970: CONSIDERATION OF A REQUEST TO CONSTRUCT A 4-PLEX ON LOTS 28, 29, AND 30, BLQCK 15, HAMILTON'S ADDITION TO MECHANICSVILLE, THE SAME BEING 5381 5TH STREET N E, FRIDLEY, MINNESOTA (RE UEST BY KOOTENIA BUILDERS, INC., 3525 WEST 29TH STREET, MINNEAPOLIS, MINNESOTA): The City Engineer said that this request is for a 4-plex on 5th Street N.E. The applicant does not want to put in as much brick as the Ordinance calls for. The Building Board felt that this would be adequate and gave concept approval. IREGULAR COUNCIL MEETING OF MAY 4, 1970 PAGE 17 ' Mr. R.ichard Harris said that they did appxove of the concept, but a request � for a permit has not been approvad to date. The applicant was having problems with financing. There is a fairly small plot. They originally proposed a five unit building, but they could not get the financing, so they cut it down to a four unit. If 80$ brick was demanded it was felt that � the cost per unit would be prohibitive. He said that the Building Board would like some direction from the Council in cases such as these, where it is a small building and the per unit cost would be very high with brick. Councilman Liebl said that the Council policy has been to try to improve the construction of the building� that come before them. The Building Standards - Design Control should t� to get the applicants to enhance their buildings as much as possible. Mr. Harris said that the builders were proposing al�ernate materials, and Councilman Harris comraented that they should bring their plans before the Building Board, and then the Council, to let them see them. MOTION by Councilman Sheridan to receive the Minutes of the Building Standards - Design Control Subcommittee Meeting of April 23, 1970. Seconded by Councilman Liebl. Upon a voice vote, all voting aye, Mayor Harris Pro tem declared the motion carried. RECEIVING THE MINUTES OF THE BOARD OF APPEALS MEETING OF APRIL 29, 1970: 1. A REQIJEST FOR A VARIANCE OF SECTrON 45 053, 4B, SUBPARAGRAPH 3, TO REDUCE THE SIDE YARD ADSOINING AN ATTACHED GARAGE RE UIREMENT FROM 5�'EET TO 2 FEET TO ALLOW THE CONSTRUCTION OF A DWELLING W�TH AN ATTACHED GARAGE ON LOTS 41 AND 42, BLOCK 11, SPRING BROOK PARK ADDITION THE SAME BEING 266 ELX STREET N.E., FRIDLEY, MINNESOTA (REQUEST BY r1R. JACK BRUHN AND ASSOCIATES, INC., 5406 FLORIDA NDRTH, CRYSTAL, ^ MINNESOTA): Mr. Doc Farr, Building Consultant with Jack Bruhn and Associates brought his plans forward for discussion at the Council table. It was decided through the discussion that the applicants original plans are to be redrawn to show the garage being set back an additional 4 feet to allow more room to the lot to the west for further construction. MOTION by Councilman Breider to approve the variance as discussed. Seconded by Councilman Liebl. Upon a voice vote, all voting aye, Mayor Harris Pro tem declared the motion carried. 2. A REQUEST FOR A VARIANCE OF SECTION 45 053, 4A, �'O REDUCE THE FRONT YARD SETBACK REQUIREMENT FROM 35 FEET TO 24 4 FEET TO ALLOW THE CONS TRUCTION OF A DWELLING WITH AN ATTACHED GARAGE ON LOT 11, AUDITOR'S SUBDIVISION #94, PARCEL 1530, THE SAME BEING 5300 FILLMORE STREET N.E. (REQUEST BY JAMES L. PETRON, 5600 ZELAND AVENUE NORTH, MINNEAPOLIS, MINNESOTA): The City Engineer said that this request is for a variance froan 35 to 24.4 feet for the cons�ruction of a new hane. This is a long lot that has been sitting because of an oil pipe going through it. This setback would be the same as tha house on the south side. REGULAR COUNCIL MEETING UF MAX 4, 1970 PAGE 18 � � e ad no ' Mr. Mike O Bannon, the property owner to the south said that h h objection. � Mrs. Bev Novalany, 1288 Skywood Lane N.E., said that there ie a very sharp bank between their homes and aince the dirt has been disturbed the eand has been waehing down into her yard around her evergreen trees, and sh� was afraid that they would be killed. She said that she understood that they plan on sodding or puttinq in a retaining wall, but ahe wondered what could be done in the meantime to save her trees. Councilman Harris asked if she had talked to the property owners. Mrs. Novalany said that they had said that they would sod, but by that time her trees would be ruzned. Mrs. Petron agreed that they would be sodding, but n�r. ��efore coristruction is completed. The City Enqineer said that not toa much could be done, but suggested that a gully could be tried to make the water run to the west rather than to the north. Mrs. Petron askGd what would be their responsibility. Councilman Harris said that she would be res�onsible if it is her dirt washing onto Mrs. Novalany's land. Councilman Sheridan commented that there is an easement through between the homes, so a retaining wall could not be built, they would have to sod. MOTION by Councilman SYieridan to grant the variance requ�sted by James L. Petran and ask the City Engineer to look into the erosion problem. Seconded by Councilman Liebl. Upon a voice vot�, all voting aye, Mayo•r Harris Pro tem declared the motion carried. 3. A REQUEST FOR VARIANCES OF SECTION 45.103, PARAGR�APH 1 AND SECTION 45.103, PARAGRAPH 2, TO 'R�DUCE THE LOT AREA R�QU'�REMENT FROM 25,000 S�UARE FEET TO 17,000 5QUARE FEET AND TO REDUCE THE LOT WIDTH REQUIRE- MENT FROM 200 FEET TO 139 FEET, TO ALLOW THE CONSTRUCTIQN OF A DENTAL CLINIC QN LOT 6, AND THE SOUTH � OF LOT 7, BLOCK 1, ERCO'S FIRST ADDTTION, THE 5AME BEING 1281 MIS5ISSIPPI STREET, FRIDLEY, MINNESOTA. (REQUEST BE GEORGE L. WALQUZSTs 4230 CENTRAL AVENUE N.E., MINNEAPOLIS, MINNESOTA): The City Engineer said that this request is for a dental clinic on Channel Road and Missisaippi Street. There is also a requeat before the Planning Commisaion for a lot split. They want to make three lots into two lats. Councilman Breider said that he wauld like to have Item 2 of the stipulations etruck from the Board of Appeale Minutes which reads: "He owned the land prior to adoption of the new Zoning Ordinance". He said that he did not go along with this,type of raasoning. MOTION by Councilman Sheridan to concur with the findinq of the Board of Appeale and grant the variances for Georg� Walqulst, atriking Item 2, "He ovmed the land prior ta adoption of the new Zoning ordinance" from the Board of Appeals Minutes. Seconded by Councilman Breider. Upon a voice vote, all voting aye, Mayor Harris Pro tem declared the motion carried. MOTION by Councilman Liab� to receive the Minutes of the Board of Appeals Meeting of April 29, 1970. Seconded by Councilman Sheridan. Upon a voice vote, all voting aye, Mayor Harris Pro tem declared the motion�carried. RECEIVING THE MINUTES OF THE PARKS AND RECREATION COMMISSION MEETING OF APRIL 2'�, 1970: MOTION by Councilman Liebl to table the Minutes p� t��e Parl�s and Recreation ' REGULAR COUNCIL MEETING OF MAY 4, 1970 ' , ' PAGE 19 Commission Meeting of Apri� 27, 1970, as they were not ready. Seconded by Councilman Breider. Upon a voice vote, all voting aye, Mayor Harris Pro tem declared the motion carried. RECEIVING BIDS AND AWARDING CONTRACT FOR MOWING - SPRAYING SERVICE: (Bids opened 11:30 A.M., May 4, 1970) The City Manager said that there was only one bid submitted, from Don's � Mowing Service, Donald Cutbirth. It has been three seasons since the prices have been changed. He recommended awarding the contract to Don's Mowing Service. i � Councilman Liebl said that he would like to publicly congratulate Mr. Cutbirth on the fine job he has done: He has proven very cooperative. DON'S MOWING SERVICE Tractor, with side arm mower Tractor w/pull mower or flail type or rotary type mower or equivalent Tractor Operator Riding Mower w/minimum 20" cut Truck - 1 Ton or Larger Truck Driver Cleanup man or 20" riding mower operator Hand Mowing or cutting per man - per hour $6.50 per Hour $6.50 per Hour $3.50 per Hour $3.00 per Hour $7.00 per Hour $3.75 per Hour $3.00 per Hour $3.00 per Hour Spraying labor and equipanent truck - spray unit - 2 men (cost of spray used is in addition to above) $3.00 per Hour MOTION by Councilman Liebl to concur with the City Manager and award the Mowing - Spraying Cont�act to Don's Mowing Service, Mr. Donald Cutbirth for the year 1970. Seconded by Councilman Breider. Upon a voice vote, all voting aye, Mayor Harris Pro tem declared the motion carried. Mr. Cutbirth commented that the City of Fridley has had many compliments in reqard to their weed mowing policy. Fridley's problems are way down compaxed to those of adjoining communities. RECEIVING BIDS AND AWARDING CONTRAC� TOWING SERVICE: (Bids Opened 1:30 P.M., May 4, 1970) The City Manager said that the bids have not been analyzed as yet and he did not have a recommendatian. He suggested that the bid award be made at the special Council Meeting of May ll, 1970. _ MOTION by Councilman Sheridan to table the award of the towing service to the meeting of May 11, 1970. Seconded by Councill{{,�� ��obl. Upon a voice vote, all voting aye, Mayor Harris Pro tem de�lared the motion carried! REGULAR COUNCIL MEETING OF MAY 4, 1970 TO IONS IN AGREEMENT WI IN 69TH AV�NUE,AND H PAGE 20 0 SEWER DISTRICT IN REGARD DRIVE AREA: The City Engineer said that on I�arch 16, 1970 the Council approved of this agreement in regard to the replacement of some of the streets in this area. The Metro ofwabouta$3,000 andetY}ett tal N1SySSSrD�ucosts arernowsestimated to reductian be $16,613.16. Councilman Harris asked what percentage this is of the total cost and the City Engineer said about 33� as applies to about two streets. MOTION by Councilman Sheridan to execute the agreement. Seco'nded by Councilman Liebl. Upon a voice vote, all voting aye, Mayor Harris Pro tem declared the motion carried. CONSIDERATION OF CEMENTING WALKWAY - TONY LANE, SYLVAN HILLS: The City Manager ex�lained that this is a natural walkway and is used as a cut-through to qet to 5ylvan Hills Park. This has been inspected by the Parks and Recreation Director and the Director of Public Works. There is an easement through there, and �he sod gets worn away. His recommendation was to cement that portion between Rainbow Drive and Sunrise Drive and not do between Sunrise Drive and Star Lane unless there is a request �hinitdone Councilman Liebl agreed he did not think that there should be any 9 between Sunrise Drive and Star Lane. MOTION by Councilman Liebl to concur with the recommendation of the Public Works Director as outlined in his memorandum dated April 24, 1970, and proceed with the improvement. Seconded by Councilman Sheridan. Upon a voice vote, all voting aye, Mayor Harris Pro tem declared the motion carried. RECEIVING THE RECOMMENDED POLLUTION CONTROL - SOLID WASTE DISPOSAL ORDINANCE: The City Manaqer said that the Council could receive the Ordinance at this time, and study it for possible changes. He said that the Sanitarian, the Fire Prevention Bureau Chief and himself had gotten togethez to-work on'it, and tried to incorporate the old Ordinances, so that there would only be one Ordinance to refer to for information. Councilman Sheridan called the attention of the Council to Page 2, Paragraph 2, entitled: "Alternate Method of Refuse Collection and License Refund", and said that he did not agree with a refund of 75$, but felt that a refund should be prorated. MOTION by Councilman Sheridan to receive the Pollution Control - 5olid Waste Disposal Ordinance. Seconded by Councilman Liebl. Upon a voice vote, all voting aye, Mayor Harris Pro tem declared the motion carried. CONSIDERATION OF SEWER BACKUP CLAIM, E.F. HINZ, 38� 66TH'AVENUE: MOTION by Councilman Shez'idan to concur with the rec�nmendation of the Director of Public Works and pay Mr. E.F. Hinz $100 on the sewer backup cleimMa or Seconded by Councilman Breider, Upon a voice vote, all voting ay ► Y Harris Pro tem declared the motion carried. � , , �� ' � REGULAR COUNCIL MEETING OE MAY 4, 1970 PAGE 21 , RECEIVING THE E AST RIVER ROAD STUDY PREPARED BY.BATHER ENGINEERING: � The City Engineer explained that there are some T.O.P.I.C.S. monies available on a first come, first serve basis, and the County is going to try to get it scheduled next year. This is basically the same plan we , had submitted three years ago. He said that there was a light provided for on the south side of the Stevenson School, but none for the Georgetown apartments. He then placed the map on the easel for the Council to see. Councilman Harris suggested putting this on the Agenda for the next Monday night's Meeting as he did recognize there is a time element. This would give the Council time to study the booklet they received. He added that as to the intersection of East River Road and Mississippi Street, he felt that the total improvement should be done. The City Engineer pointed out that this would be very expensive. Councilman Harris felt that as long as an improvement is going to be made, it should be done right. MOTION by Councilman Sheridan to receive the report prepared by Bather Engineering. The motion was seconded and upon a voice vote, all voting aye, Mayor Harris Pro tem declared the motion carried. CONSIDERATION OF BY-LAWS FOR FRIDLEY INDUSTRIAL DEVELOPMEIeTT.COMMISSION: MOTION by Counci,lman Breider to approve of the by-laws for the Fridley Industrial Development Commission as set out by the City Attorney. Seconded by Councilman Liebl. Upon a voice vote, all voting aye, Mayor Harris Pro tem declared the motion carried. RECEIVING NSP REPORT ON KV TRANSMISSION LINES DATED APRZL 24, 1970: MOTION by Counc�.lman Liebl to receive the NSP report dated April 24, 1970. Seconded by Councilman Sheridan. Mr. Richard Harris questioned.what control the City has over the public service utility companies. There was an excavation Ordinance passed, but the utility companies are sxcluded. On occasion one compang cuts the under- ground cables o�' the other, and he felt that there should be some sort of coordination between the Telephone Company and NSP. Councilman Harris agreed that there seemed to be a need for some coordination when one company works within the other's right of way. Councilman Sheridan suggested that the Plats and Subdivisions - Streets and Utilities Subcommittee could study what type of franchise they operate under and try to come up with some sort of a recommendation. Mr. Richard Harris added that as the development increases, there will be more and more undergraund utilities. THE VOTE upon the motion, being a voice vote, all voting aye, Mayor Harris Pxo tem declared the motion carried. FtESOLUTION #94-1970 - A RESO�UTION REGARDING ENTERING INTO. AGREEMENT FOR ESTABLISHMENT OF JOINT LAW ENFORCEMENT COUNCIL; The City Manager reported that there have been changes made to the by-laws as the Fridley Council requested. Councilman Breider added that there is a member of the City Council on the budget comanittee, and the budget committee presents the budget prior to the County Meeting. At that time the Council can see the b������ �g reported that ,�� tha me�et�,�� �� ���,��ded last REGULAR COUNCIL MEETING OF MAY 4, 1970 PAGE 22 Saturday there was some discussion on a project for a police training center, and an overall law enforcement study program. Councilman Harris said that one of the fears he had was that the City would pay more through the Joint Law Enforcement Council on some project that�the City could have done for the same amount of money on it's own. The City Managex said that the County Attorney had indicated to him that even if the City did not enter into the council, they would have the power to tax, and Fridley would end up paying, without representation on the council. Councilman Sheridan said that the City had the right to withdraw at any time. He said that as he is on the budget committee, he would try to hold the costs in line. He said that he thought that as a result of the questions Fridley raised, there was a better set of by-laws. MOTION by Councilman Breider to adopt Resolution #94-1970. Seconded by Councilman Sheridan. Upon a voice vote, all voting aye, Mayor Harris Pro tem declared the motion carried. RESOLUTION #95-1970 - A RESOLUTION TRANSFERRING FUND3 FROM THE REVOLVING FUND TO THE 1969-1 STREET FUND (T.H. #47 WEST SERVICE DRIVE): MOTION by Councilman Liebl to adopt Resolution #95-1970. Seconded by Council- man Sheridan. Upon•a voice vote, all voting aye, Mayor Harris Pro tem declared the motion carried. RESOLUTION #96-1970 - A RESOLUTION TRANSFERRING FUNDS FROM THE RE�IOLVING FUND TO THE 1969-1 STREET FUND (POLK STREET): MOTION by Councilman Liebl to adopt Resolution #96-1970. Seconded by Councilman Sheridan. Upon a voice vote, all votinq aye, Mayor Harris Pro tem declared the motion carried. RESOLUTION #97-1970 - A RESOLUTION ORDERING IMPROVEMENT5, APPROVAL OF PLANS, AND ORDERING ADVERTISEMENT FOR BIDS: WATER PROJECT #98: MOTION by Councilman Liebl to adopt Resolution #97-1970. Seconded by Councilman Sheridan. Upon a voice vote, all voting aye, Mayor Harris Pro tem declared the motion carried. APPROVAL OF CHANGE ORDER #1, WATER IMPROVEMENT PROJECT #95, 5CHEDULE A-1: MOTION by Councilman Sheridan to approve of Change Order #1 for Water Improvement Project #95, Schedule A-1. Seconded by Councilman Breider. Upon a voice vote, all voting aye, Mayor Harris Pro tem declared the motion carried. APPROVAL OF CHANGE ORDER #l, WATER IMPROVEMENT PROJECT #95, SCHEDULES A-2, AND A-3: MOTION by Councilman Sheridan to approve of Change Order #1 for Water Improvement Project #95, Schedules A-2 and A-3. Seconded by Councilman Breider. Upon a voice vote, all voting aye, Mayor Harris Pro tem declared the motion carr�ed. � �- , , ' REGULAR COUNCIL MEETING OF MAY 4, 1970 , LJ � ' ' ' LICENSES: � CIGARETTF Barry Blower 99 77th w�.Y rr� Fridley, Minnaso�a Dealers Mfg, 5130 Main Street NE Fridley, Minnesota GUN CLUB FMC Corp. 48th & Marshall Street NE Fridley, Minnesota LIVESTOCK Ted Gonsior 1601 Rice Creek Road Fridley, Minne�ota "ON SAL�"' BEER Fridley VFW post 363 1040 Osborne Road Fridley, Minnesota SF�2VICE STATION Frank's Sinclair 6290 Highway #65 NE Fridley, Minnesota � Moore Lake Union 76 5695 Hackmann Avenue NE Fridley, Minnesota ��'ies's Standard t7680 Highway #�5 �Fridley, Minnesota Riverside Standard 8100 East Rivar Road Fridley, Minnesota TAXICAB _ Fridley Cab ' 5740 University Avenue NE Fridley, Minnesota FOOD ESTABLIS��NT � *Barry Blower � 99 77th Way NE Fridley, Minnesota * Vending Machines On1y �.:.�� � � By: Deming•Amusem�nt Co, By: Sir Vend Inc. By: K, K, Knutzen By: Ted Gonsior By: E�ling 0, Edwards By: Francis Wo Iiunt By: �o L. Egeres By: Lester Schaffvan By: Frederick G. Doddington By: Frank M. Gabrelcik By: Deming A�nus��{,�� Co, PAGE 23 APPROVED BY Chief of Police Chief of Police Chief of Police , Building Inspecto.: Chief of Police Health Inspector Building Inspectc� Fire Inspector Buildin� Inspectc° Fire Insp�ctor Building Inspectr� Fire Inspector Building Inspec�c� Fire Inspector Chi�f of Police Health Inspector � REGULAR COUNCIL MEETING UF MAY 4, 1970 LICENSES CONTINUED. FOOD ESTABLISHIKENT Conto Big B's Pizza 6479 University Avenue NE Fridley, Minn?sota Bob's Produce Ranch �620 University Avenue NE Fridley, Minnesota Brothen, Inc, 7501 Commerce Lane NE Fridley, Minnesota �Dealers Mfg. Coo 5130 Main Street NE Fridley, Minnesota ' �Designware I.ndustries, Inc, 6536 Main Street NE Fridley, Minnesota �Donelyn Mfg, ']231 Baker Street NE Fridley, Minnesota Canteen Corp - FMC Corp 48th & Marshall Street NE Fridley, Minnesota �Fridley DX Station ' S701 University Avenue NE Fridley, Minnesota �Fridley 66 Station ' 5667 Universit.y_Avenue NF Fridley, Minnesota *Gordys Country Boy 1042 Osborne Road Fridley, Minnesota *Holly 66 Station 6300 University Avenae ^tE Fridlay, Minn�sota , Irv's Billiard Center 6237 University Avenu� NE Fridley, Minnesota �Midland Co-ctp , Hwy. 694 & Main Street NE Fridley; Minnesota McGlynn Bakeri�s, Inco(Taroet� 755 53rd Avenue NE Fridley, Minnasota Unity Hospital 550 Osborne Road NE Fridley, Minnesota � V�r�di�� M��hines 9n�y � By; George Ao Regan �y: Robert Schroer By: Ro1f Brothen By: Sir Vand, Inc, By: John Ao Erickson gy: IlKA Vending By: Henry J, Boudin By: Superior Music Coo By: Superior Music Co. $y: Seven-IIp Bottling Coo By: Superior Music By: Patrick Bo Collier By: Viking Enterprises By: Norman Berglund $y: Eo Holm s�AGt� 24 i .' APPROVID BY � Health Inspector ' Health Inspactor t Health Inspe�tor � Health Inspectoz � Health Inspector ' Health Inspector � Health Inspector � Health Inspector � Health Inspec+or� Health Inspectorl Health Inspector' Health Inspactor Health Inspector Aealth Inspectc� Health Inspecto=� �2EGULAR COUNCIL MEETING OF MAY 4, 1970 LICENSES CONTINUED. EXCAVATING Ted Renollett. 927 Andover Boulevard Anoka, Minnesota GAS SERVICES Gas Supply, Incorporated 2238 Edgewood Avenue South Minneapolis, Minnesota Kal's Plumbing & Heating 7101 �Jest Palmer Lake Arive Brooklyn Center, :linnesota Mill City Heating & A/C Co. T3005 B 16th Avenue North Minneapolis, :�Iinnesota GENERAL CONTRACTOR Amber Construction 6156 Stinson Boulevard Minneapolis, Minnesota Briarwood Homes, Incorporated 780-lOth Street N.W. Apt. 3 New Brighton, Minnesota Calhoun Builders, Incorporated 2920 Irving Avenue Soutli Minneapolis, Minnesota Donco Buildcrs, Incorporated 1052 Osborne Road N.E. Fridley, Minr�sota Milfred R. Johnson Co. . 1011 West 80th �treet Minneapolis, Minnesota Midwest Mecha�ical Services 340 Taft Street Northeast Minneapolis, Minnesota Random, Incorporated 700-77th Street Circle Fines, Minnesota n By: Ted Renollett By: S. R. l�avickas By: Edward Kaliszeuski By: Wm. H. Stevenson By: Norman A. Dalberg By: Dennis Burns By: M. T. Campion By: Roger Larson By: Milfred R. Johns�n By: Zollie Baratz By: Ray A. Stanle}• PAGE �5 APPROVED BY • Bldg. Insp. Plbg. Insp. Plbg. Insp. � Plbg. Insp. Bldg. Insp. Bldg. Insp. Bldg. Insp. Bldg. Insp. Bldg. Insp. Bldg. Insp. Bldg. Insp. i REGULAR COUNCIL MEETING OF MAY 4, 1970 LICENSES CONTINUED. GENERAL CONTRACTOR (CONT) liugo Skxandies Construction 195 Hugo Street Fridley, Minnesota S. E. Templin Construction Co. 6184 Stinson Boulevard Fridley, Minnesota Thor Construction Company 7101 N.E. Highway 4k65 Minneapolis, Minnesota HEATING Faircon, Incorporated 2021�West County Road "C" Roseville, Minnesota Mill City Heating & A/C Co. 13005 B 16th Avenue North Minneapolis, Minnesota MASONRY . M. R. Johnson Company 1011 West 80th 5treet Minneapolis, Minnesota A1 Zeis Cement Company, Inc. 225-94th Avenue N.W. Coon Rapids, Minnesota WELL DRILLING Moxk Well Company 9025-36th Avenue North Minneapolis, Minnesota MASONRY Lakeland Brick & Stone Inc. 147 Craigway N.E. Fridley, Minnesota � By: Hugo Skrandies By; S. E. Templin PAGE �6 APPROVED BY Bldg. Insp. Bldg. Insp. By: Russell P. Jorgenson Bldg. Insp. By: William R. Forder Plbg. Insp. gy; Wm. A. Stevenson Plbg. Insp. By: Milfred R. Johnson Bldg. Insp. By: Allen Zeis Bldg. Insp. By: Roger A. Danielson Plbg. Insp. By: Kirylo Czichray Bldg. Insp. MOTION by Councilman Sheridan to approve the foregoing licenses. Seconded by Councilman Breider. Upor� a voice vote, all voting aye, Mayor Harris Pro tem declared the motion carried. � ' � ' ' ' � i , REGULAR COUNCIL MEETING OF MAy 4, 1970 CLAIMS: PAGE 27 MOTION by Councilman Liebl to apprave payment of General Claims #21218 through #21321 and Liquor Claims #4407 through #4443. The motion was seconded and upon a voice vote, all voting aye, Mayor Harris Pro tem declared the motion carried. ESTIMATES: Harry S. Horwitz & Co., Inc. 1411 llth Avenue Sauth Minr.eapolis, Minnesota 55404 FINAL Estimate #12 dated April 29, 1968 for Mechanical Work, Fridley Civic Center E.H. Renner & Sons 5465 County Road 18 North Minneapolis, Minnesota 55�28 FINAL Estimate #3 for construction of Water Improvement Project #95, Srhedules E and F Keys Well Drilling Company 413 North Lexington Parkway St. Paul, Minnesota 55104 FINAL Estimate #6 for construction of Water Improvement Project #95, Schedule A-2 and A-3 - Well #12 and #13 according to contract FINAL Estimate #6 for construction of Water Improvement Project #95, Schedule A-1 - Wells #10 and #11, according to contract $ 300.00 $ 7,914.30 $34,988.52 $15,026.15 Councilman Liebl asked about the air conditioner for the City Hall, and if it was working properly. The City Manager said that the problem stemmed from an impr.oper air mixture from outside. He added that the guarantee still covers roof problems. MOTION by Councilman Sheridan to approve payment of the foregoing estimates. The motion was seconded and upon a voice vote, all voting aye, Mayor Harris Pro tem declared the motion carried. TRAILER PERMIT APPLICATION: NORTHERN PACIFIC RAILWAY COMPANY: MOTION by CouncilmanrSheridan to grant the trailer permit requested by Northern Pacific Failway Company. Seconded by Councilman Liebl. Upon a voice vote, all voting aye, Mayor Harris Pro tem declared the motion carried. COMMUNICATIONu�: A. LETTERS REGARDING REC CHA�2GE REFUND: Mrs. Wil iam S. Moen & Re�lease from Jerry's Plumbing & Heating Fouzi ReY�ani Smith anc� Andersin, Inc. Edward E: Rush REGULAR COUNCIL MEETING OF MAY 4, 1970 PAGE 28 ` MOTION by Councilman Liebl to receive the communica tion from Mrs. William , S. Moen dated April 18, 1970 with the release from Jerry's Plumbing and Heating, tYie communication from Fonzi Rehani dated April 10, 1970, the ' communication from Smith and Andc-rson, Inc. dated April 29, 1970, and the communication from Edward E. Rush dated April 30, 1970. Seconded by Councilman Breider.• Upon a voice vote, all voting aye, Mayor Harris Pro ' tem declared the motion carried. B. CITY ATTORNEY: STORM SEWER PROJECT (SPRING LAKE PARK/FRIDLEY): MOTION by Councilman Sheridan to receive the communication from the City Attorney dated April 30, 1970. The motion was seconded and upon a voice vote, all voting aye, Mayor Harris Pro tem declared the motion carried. C. DEBBIE THOUR: REQUEST BURNING LAW MOTION by Councilman Sheridan to receive the communication from Debbie Thour dated April 29, 1970. The motion was seconded and upon a voice vote, all voting aye, Mayor Harris Pro tem declared the motion carried. The City Manager reported that any requests for outside burning now go through the Pollution Control Agency. Councilman Harris said that he would like to see the Ordinance enacted, and added that it would seem to be possible since the refuse haulers have been so cooperative. D. PETITION NO. 3-1970 - REQUESTING FENCE IN MELODY MANOR AREA ON JACKSqN STREET BETWEEN LYRIC LANE AND OSBORNE ROAD MOTION by Councilman Breider to receive Petition #3-1970. Seconded by Councilman Liebl. Upon a voice vote, all voting aye, Mayor Harris Pro tem declared the motion carried. The City Engineer said that the apartment house developers have provided about 50 poplar trees to form a barrier between their complex and the residential area. There is no parking, this is lawn area. Councilman Harris commented that with Woodcrest School to the east the children probably cut through the lawn and a fence may be in order. The City Engineer said that he would try to get their cooperation in putting up a fence. E. HOLIDAY VILLAGE; STORAGE OF TABLES DURING WINTER MONTHS MOTION by Councilman Liebl to receive the letter from Holiday Village dated April 22, 1970, concur with their request, and instruct the City Manager to inform them of the Council concurrence. Seconded by Councilman Sheridan. Upon a voice vote, all voting aye, Mayor Harris Pro tem declared the motion carried. F. TARGET RE(�UEST• PROPOSED PAVING TO WEST OF BUILDING: The City Engineer said that his recommendation would be to proceed with a public hearing for the improvement, and assess the improvement back to the property owner. The City Manager suggested writing them a letter stating that the City intends to hold a public hearing in the near future for the improvement with an equitable assessment. REGULAR COUNCIL MEETING OF MAY 4, 1970 PAGE 29 MOTION by Councilman Liebl to receive the coir¢nunication from Target Sto�es, Inc. dated April 28, 1970. The motion was seconded and upon a voice vote, all voting aye, Mayor Harris Pro tem declared the motion carried. ADJOURNMENT: MOTION by Councilman Liebl to adjourn the Meeting. The motion was seconded and upon a voice vote, all voting aye, Mayor Harris Pro tem declared the Regular Council Meeting of May 4, 1970 adjourned at 12:45 P.M. Respectfully submitted, -� —, ns �!�_'� , =�'�/� �%'.;�-�! : Juel Mercer Secretary to the City Council Jack 0. Kirkham Mayor ' ' THE MINUTES OF THE SPECIAL PUBLIC HEARING AND WORKSHOP MEETING OF MAY 11, 1970 ' Mayor Harris Pro tem called the Special Public Hearing and Workshop Meeting of May 11, 1970 to order at 7:45 P.M. ' PLEDGE OF ALLEGIANCE: Mayor Harris Pro tem asked that the audience join the Council in saying the ' Pledge of Allegiance to the Flag. ROLL CALL: ' MEMBERS PRESENT: Liebl, Harris, Breider, Sheridan MEMBERS ABSENT: Kirkham ADOPTION OF AGENDA: Mayor Harris Pro tem said that there were two communications to add. A: Letter from Andrew Kohlan saying Thank You for the reconsideration of the Hyde Park Ordinance, and B: Communication frcm NSP requesting termination of the weekly reports. MOTION by Councilman Sheridan to adopt the Agenda as amended. Seconded by Councilman Breider. Upon a voice vote, all voting aye, Mayor Harris Pro tem declared the motion carried. PUBLIC HEARING ON THE FINAL ASSESSMENT ROLL FOR STREET IMPROVEMENT PROJECT ST. 1969-1: Mayor Harris Pro tem read the Notice of Hearing aloud to the audience, and said that the streets would be taken in the order in which they appear. Polk Street: Lynde Drive to 323 46 Feet South The City Engineer reported that this is the project basically completed last year. There is some minor work left, and still some money left to be paid. Mayor Harris Pro tem said that the assessment rate with curb is $9.81 per foot and without curb is $6.92 per foot, and asked if anyone wished to speak with no response. West Service Road of T.H. #65: Railroad Riqht of Way to 73rd Avenue Skywood Court: In Swanstrom's Court Addition Mr. L.A. Brills, 1337 Skywood Lane N.E., said that he has Lot 7, Block 1, Swanstrom's Court Addition and said that he did not feel that he should be assessed, although he did not objeet to the construction. He said that he receives no benefit. Councilman Sheridan said that the assessment roll does not include Lot 6 or Lot 7 because of the previous understanding. Councilman Harris added that it was the decision of the Council that there was no benefit because of the existing grade. Councilman Liebl said that this is no special privilege, that if there is no benefit, there cannot be an assessment. SPECIAL PUBLIC HEARING MEETING OF MAY 11, 1970 P AGE 2 ' ' Mr. Kenneth Helfenstein, 1315 Skywood Lane N.E., said that he had Lot 10, Block 1 and happens to live on a corner lot. He said that he could not see , how he would get more use out of the back street than his neighbor, yet he would be paying much more. He said that he understood the reason for the higher assessment was because he did have a corner lot. The Finance Director ' said that the assessment policy used is the standard one used for all corner lots. A corner lot would pay 1/3 at the. standard rate, and the balance of 2/3 is broken up among the people down the block. On Lot 10 he would be paying for 41 feet or $548 for the side footage. The assessment for lots ' backing onto the street is $4.42 per foot. A member of the audience from the area said that years ago when the people wanted the City to plow the street, they would not do it. Then George Mewhorter wanted to develop the lots. The mistake was made then by the City not requiring Mr. Mewhorter to put in rthe street to serve his lots. When this street was proposed the residents came down to the meeting and said that they did not oppose the construction, but they did oppose the assessment as they felt that there would be no benefit. He said that he has already paid for his street in front and uses the back street as an alley without the improve- ment. He felt that this was legally not right. He said that he understood that a corner lot is more. At the time of the estimated assessment, the charge was $1100. Councilman Sheridan said that it was about $900 now. Councilman Sheridan said that this is a double frontage lot, and for a lot such as this the assessment is 25� of the assessment rate on the frontage street. He pointed out that this man also has a side street. The member of the audience said that he ends up paying for three streets. He felt that the side street should be split up and paid for by everyone. Councilman Sheridan said that it is � way down the block for the corner lot. In this instance this. would be five lots. Councilman Harris added that the Council has stayed with the same policy in regard to the corner lots and everyone is treated alike. This may seem unfair to some people if they have to pay for three streets. He said that as to the complaint on the snow plowing, the City does not plow any streets until they are dedicated, because of the legal rami.fications on going onto private property. Mr. Edward Slanger, 1316 Skywood Court N.E., asked if there would be any more improvements, or if the work was done. The City Engineer said that curb and gutter were not put in because of the high cost to this area, and he assumed that the Council would take this into consideration and there would be no further improvements. Mr. Slanger said that they do not want concrete curb and gutter. The City Engineer said that this could not be done without another Public Hearing anyhow. There are no further plans for the street at present. Mr. Dave Abrahamson, 1349 Skywood Lane N.E., said that he lived on the turn- around on the steep hill. He asked what would happen to this steep hill. He said that there were some complaints that it is unsightly,, so what could be done. The City Engineer agreed that it is unsightly, but explained that the slope would be very hard to maintain and if the dirt was disturbed there would be:erosion. A retaining wall is needed, but he said that he was sure that the people did not want any more assessments. ' ' ' ' ' SPECIAL PUgI,IC HEARING MEETING OF MAY 11, 1970 PAGE 3 Riverview Terrace: Mississi i Place to Mississi i Wa Councilman Liebl asked if Mr. Elmer Johnson had any of his land condemned, and if so was he assessed also. His lots were cut to about 1/3 of the ori- ginal size, and he would like to know if he gave this right of way without reimbursement. The street was provided mainly for the utilization of the apartment complex to alleviate the traffic problems caused by this complex. The City Engineer answered that the property used was a dedicated part of the plat, and there was no condemr.ation. The right of way was dedicated before the road construction was proposed. Mississippi Way• East River Road to Riverview Terrace (South of Fridlev Park) Councilman Sheridan pointed out that this was petitioned for 100�. East Service Road of East River Road: Startin from 1,000 Feet South of South Le of Interstate #694 Interchange N E to Railroad Right of Way (Tract J Proposed Re istered Land Survey) Councilman Harris said that this is the street serving Plywood Minnesota and asked if anyone wished to speak with no response. 66th Avenue: Universit Avenue Service Road East to Cul De Sac Mr. Jim Thayer, 377 66th Avenue N.E., asked the cost per foot. Councilman Harris told him the cost was $8.43 per foot. Mr. Thayer asked how the concrete driveway assessment was made. The Finance Director answered that the concrete driveway approach assessments were not spread on a front foot basis, but put against the particular lot. The price is derived by breaking down the contract price, plus a percentage for engineering fees, etc. Mr. Thayer sa-id that he was not complaining about the charge for the driveway. He then asked if the project was complete. The City Engineer said that there was only some minor work left. Mr. Thayer said that he looked at the street last night and out of 23 driveways put in, there were 17 that have the radii broken, some quite badly. He said that the curbing was broken in front of 378 66th Avenue, and it was starting to depress. He said that this area has a problem of compaction and that he felt that the sand was not properly compacted prior to the construction of the driveways and curbing. This is why the radii of the approaches are broken. Councilman Harris asked what was the warranty. The City Engineer said that the warranty is one year fran the date of the final payment on the project. The final payment has not been made yet. Mr. Harold Sullivan, 522 66'th Avenue N.E., said that he had Lot 4, Block 4, Rice Creek Terrace Plat 2 Addition, and asked about the cost of putting in the sidewalk and steps. The Finance Director said that on this particular lot the charge was about $35. The City Engineer added that the grade had to be stepped down to the roadway. This is the reason for the steps. Mr. Sullivan said that he felt that he was not being over assessed, but he only got a driveway approach for $35, and his neighbor got the driveway approach plus the side- walk and steps for only a littl,e extra money. The City Engineer explained that the steps are considered part of the service, as he had a sidewalk before, then with the� aonstruct�on.of the stre�t ,the ateps became nscesa�ry. Council- man Liebl ca�d �h��, the Cp.tx ��,��� �� j�� a ,_ ii ���� �S ��►SSib1e . At ti�ae�e �on4e d � ! � SPECIAL PUBLIC HEARING MEETING OF MAY 11, 1970 ' PAGE 4 ' additional work is necessary because of the slope of the land. The new construction must blend together with the old. The goal is to assess everyone according to tr�e benefits received. Councilman Harris asked the estimated cost at the Public Hearing. A member of the audience said that they were told $5.58. Mr• Sullivan asked if his property would be checked farther. He felt that he should get steps also. Councilman Harris pointed out that there was $1,503.49 additional for the driveways and sidewalks. Councilman Liebl explained that years ago the City just put in curbing and the street. The current policy has been to put in the approaches while the contractor is in the area as a better price can be obtained than if the property owner were to do it on his own. Mr• Sullivan said that he was not getting the same treatment as his neighbor. The City Engineez said that he believed that the contractor made a mi5take in this case. Councilman Harris said that this will be looked into. Nir. Lloyd Bennethum, and Councilman Harris 5843.00. 369 66th Avenue N.E., asked what his assessment would be tol•d him from the assessment roll, that it would be A member of the audience asked if 66th Avenue.was complete�nbe•applied,tbut Engineer said yes, hopefully there will be a seal coating this is part of the street maintenance, and is not assessed. He then asked the cost of the concrete. The City Engineer said that the concrete is $6.03 per square yard, for a 6" concrete driveway and $5.03 per square yard for a 4 driveway. This only includes the pouring of the concrete, there are other charges in gettinc� the property ready for pouring. It has to be dug out and a base put in. Councilman Sheridan said that there was a question raised on whether or not a hardening agent was used on the driveways behind the gutter line. He asked if this will be done. The City Engineer saidl edtlast yearurthehconarete was done, but if not it will be. If it was not app would have'beer� spalded by now. Questions such as these are the reason the final estimate has not been paid. Mr. Thayer asked what will happen with the broken curb. Cour�cilman Harris said that the Engineering Department would laok at this before the final estimate is paid. After the final payment is made, if there is any addi�henstreetk� there is still the one year warranty. Before that year is up, will again be inspected. Councilman Harris asked Mr. Thayer to present his list of items needing attention to the City Engineer, which he did. 68th Avenue• 7th Street to Washington Street Alden Wa : 62nd ➢la to 200 Feet North Je£ferson Street: 67th Avenue to 680 Feet North NIr. Alfred Matzek, 67I7 Jefferson Street N.Eo�aske� hMatzek saidlthatsheshadnt was. Councilman Harris told him $8.43 per f mesh in the driveway that was not replaceda ded thatEiflitedidanot break ��e was the warranty that would cover this, an in two years, it should not break. �� � L__J ' ' ' SPECIAL PUBLIC HEARING MEETING OF MAY 11, 1970 Washington Street: 67th Avenue to 500 Feet North of 68th Avenue Seventh Street: 68th Avenue to 480 Feet North of 68th Avenue PAGE 5 ' Mr. Armond Grage, 6830 7th Street N.E., said that last summer he called City Hall 3 times to have someone come out and repair the asphalt below the gutter line, by the approach to the driveway. Water stands there, and dirt accumu- lates and it will soon be worn away. He said that he also had a crack about , �a" in his driveway. He asked if this would be fixed. The City Engineer said that this was noted and would be checked into. Fourth Street: 67th Avenue to Rice Creek Terrace Mr. C�arles Swanson, 312 Rice Creek Terrace, said that he lives on a corner lot, fronts on Rice Creek Terrac.e and would like to know his assessment for 4th Street. Councilman Harris told him that it was $8.43 per foot for the front and $9.65 per foot total, so for Fourth Street it would be $1.12 per foot. Mr. Swanson said that he felt that they did a bad job on his drivefaay. Rice Creek Terrace: Hwy. #47 Service Road to 68th Avenue 62nd Way: Riverview TerYBCe to East River Road Mr. Chester Potasek, 310 62nd Way N.E., said that he wanted to bring to the attention of the Council the fact that he felt that there was a mistake made on the assessment roll. When the work started there was a debate with the City Engineer and the Assistant City Engineer with his two neighbors present, William Hoyt and Richard Harris. It was agreed that the street would be paved on the curve and omit the stub that his property abuts on. In this discussion it was pointed out that he would not be on the assessment rolls as the stub,is not to be improved and he would not abut the paved portion of the street. Now he said that he finds that he has not got the improvement, but yet is included in the assessment roll. This is contrary to what he was told on the site. He asked that this problem be set aside and investigated and some reasonable arrangement be made. He asked Mr. Hoyt and Mr. Harris if they agreed this was what he was told and they both answered yes. Councilman Harris asked if that statement was ever made at a Council Meeting. Mr. Potasek said that the Assistant City Engineer said that at the site. He said that he believed that there was some discussion at the Council Meeting later, but could not remember for sure. Councilman Liebl said that this is news to him and expressed the wish that Mr. Potasek would have called him. Mr. Potasek said that when he called the City Hall they did not have the figures ready yet, then he was out of town. Today is the earliest chance he has had to bring it up, although he said that he did discuss this with the City Manager and he suggested that he bring up this problem at the Council Meeting. He felt that there has been a grave error made. Councilman Liebl said that he did not feel that the Assistant City Engineer should have made such a statement. He asked if there was some particula, reason for this statement. Mr. Potasek explained that the debate was whether�to do the stub of street and put in curbing. He said that he was willing to go aTo'fng with not having it done, if he would not be assessed. Now it has not been do�,��;��t he is being assessed. Councilman Harris said that he was sorry th�s situatio�i occured,and that no membez o� the �t�ff ha,s �hQ �Ll��?��'��y tp sta�e wh�t��r �h�x�p �t1�ld �t� �� �,���S�ment or not. mke ' :..� . <�_#.;�e�.. . - --- .�: SPECIAL PUBLIC HEARING MEETING OF MAY 11, 1970 PAGE 6 ' Council's obligation is to check this out and put into proper perspective. �. The City Engineer said that the Engineering Department only gave the construction figures to the Assessment Department. It was felt that if a person is getting an access, he should be assessed for it at a certaln rate. The Finance Director said that the assessment is the same for the 6 oneswas Potasek's Addition. It was spread this way on the theory that every getting the same benefit, and using the same street for access, so therefore, ' they should be assessed equally. There seems to be a misunderstanding over the interpretation of,"benefit". The rolls do not take anything more than this fact into consideration. Mr. Potasek said that when dealing with a representative of the City, you expect him to give an answer in the proper perspective•to besassessed this would not be on the assessment rolls. If he was going throu h. If the amount anyhow, he should have had the stub done all the way 5 paving were to be put in now, it would cost more to do. He said that he has only the driveway stub as the outlet to the street. He asked that this be investigated. He added that he does nto abut the improved street. He then came forward and consulted with the Council at the plat map. Mr. Wills�► inythatghe6was toldNthatstheytwo ldeonly beeassessed forltheas Mr, Pota benefits received. Councilman Harris said that this portion of the assessment roll will be deleted until the problems can be gone over. He promised that the Administration and Council would follow through. A member of the audience said that he has Lot 4, Block 2, Juli-Ann Addition and asked what his assessment would be. Councilman Liebl said that for 95 front feet it would amount to $800.85. Councilman Sheridan said that for the side yard of 95 feet it would be $197.15. The resident then said that his title calls for 90 feet on the side yard. The Finance Director said that this would be checked. It may be a typographical error. Lon fellow Street: East River Road to 800 Feet West Nirs, Rick said that she lived on the corner of Spring Brook Place and Long- fellow and wondered what her assessment taould be. Councilman Harris answered $10.15 per front foot and $1.57 per foot for the side street. Mrs. Rick said that some hydrants had to be moved, and the City Engineer said that this is part of the construction cost. Mrs. Rick asked that the street sign be changed from Longfellow Avenue to Longfellow Street as it should be. Council- man Harris said that this would be changed. S�ring Brook Place• 79th to Longfellow Street: rir. Lester Freese, 369 79th Way N.E., asked what his assessment would be. He said that he had Lots 9, 10, and 11, Block 2, Spring Brook Park Addition. Councilman Harris said that the front footage charge was $11.45 per'foot for 79th Way. He has three 30 foot lots and the assessment per lot is $90.90 for the side street. Mr. Freese said that the sidewalk was cut out and steps put in. Is there any charge for this? The City Engineer said that if they , , �J , ISPECIAL PUBLIC HEARING MEETING OF MAY 11, 1970 � PAGE 7 were taken out, they are put back at no charge. Mr. Freese asked why only one person got sod. The City Engineer said that no one got any sod lai8 by the City, the work must have been done by the property owner. 79th Avenue: Apex Lane to East River Road T.H. #47 West Service Drive: Osborne Road to 350 Feet North (North Boundard Line of Proposed East Ranch Estates, lst Addition) Washington Street: 57th Avenue to 58th Avenue Street on South Side of Plat: 7th Street to Washington Street Moore Lake Beach Parking Lot MOTION by Councilman Liebl to close the Public Hearing on the final assessment roll for Street Improvement Project St. 1969-1, with the exception of 62nd Way and Alden Way. Seconded by Councilman Sheridan. Upon a voice vote, all voting aye, Mayor Harris Pro tem declared the Public Hearing closed at 9:05 P.M. PUBLIC HEARING ON THE FINAL ASSESSMENT ROLL FOR STREET IMPROVEMENT PROJECT ST. 1969-2: Mayor Harris Pro tem read the_Notice of Hearing aloud. Third Street: 49th Aven�e to 53rd Avenue Mr. Trevor Kyle, 5179 Horizon Drive N.E. asked about his assessment for Third Street. The Finance Director said that there is a corner lot on Horizon Drive and Third Street. 2/3 of the cost is spread � way up the block, at $.98 per foot. This goes up to where we left off coming down from 53rd Avenue, and starts with Lot 11,Block 9, Carlson's Summit Manor South Addiiton, or Lots 4 through 11. Mr. Kyle asked what is the justification. The Finance Director answered that instead of charging the corner lot the full assessment, it is spread in this manner according to Council policy. When 53rd was done, it was spread down the block. In this way everyone on this street will pay a portion for a corner lot. Everyone in the entire area willke treated equally. Mr. Kyle said that the assessment was not on a use basis then and the Finance Director said no. A member of the audience said that he lived on Panorama between Roman Road and Third Street. The City Assessor said that his side yard assessment would be $.98 per foot. The resident wonderQd if the people on Third Street wouZd be assessed when Panorama Avenue is completed and the City Assessor again explained the corner lot policy. The Finance Director said that this assessment would be spread over 10 years and would go on the tax rolls in 1971 at 7'�� interest. It can be paid without any interest if paid in full within 30 days of this date, or there can be a lump sum payment within the 30 days of not less than $100. Councilman Liebl said that he would like to say thank you to �he City Engineer for his close estimate and that the City Engineer kept hislword. SPECIAL PUBLIC HEARING MEETING OF MAY 11, 1970 73rd Avenue: T.H. #65 to Central Avenue There was no one present to speak on this street. PAGE 8 ' MOTION by Councilman Breider to close the public hearing on the final assessment roll for Street Improvement Project St. 1969-2. Seconded by Councilman Sheridan. Upon a voice vote, all voting aye, Mayor Harris declared the motion carried, and the public hearing closed at 9:20 P.M. PUBLIC HEARING ON THE REZONING REQUEST (ZOA #70-03) BY GEORGE M. NELSON TO REZONE FROM R-1 TO R-3A, AN AREA GENERALLY LOCATED ON THE SOUTH SIDE OF ONONDAGA STREET AND WEST OF LAKESIDE ROAD: The City Engineer explained that this rec�u�5t is to rezone from R-1 to R-3. The property to the south of the proposed rezoning is already zoned R-3. The Planning Commission recommended approval subject to their dedicating some streets and right of way in this area. �cuncilman f�arris asked 3f there were any additional comments from the staff before turning the meeting over to the applicant. The City Engineer said that this area has been studied extensively by the Planning Commission. They studied an area larger than this particular request. If left as R-1, he felt that there would be a need for an additional street, and would result in more double frontage lots. Councilman Harris commented that according to the motion by the Planning Commission the petitioner was to provide a walkway easement on the west side of Lot 10. The City Engineer said that this was so there could be a street if the lots to the west were split for development. Service for the requested rezoning area would be off 73rd Avenue. There would be a row of R-1 lots fronting on Onondaga Street. Mr. William Merlin, Attorney for the applicants, said that the property is in the middle of the block. He introduced John Voss who would be showing the plan for the Council and the audienee. He said that he would be happy to dedicate the easements, but it seems that the people in the area prefer not to have the streets. He said that both George Nelson Sr. and George Nelson Jr. were present to answer questions. Mr. Voss showed the scheme on the easel. The total dimension is about 450 feet and they are proposing to concentrate the development to the south 300 feet. The first 300 feet is already zoned R-3. They are proposing to rezone approximately 2 acres. The plan is oriented toward 73rd Avenue. Access would be either along the west side, or the east side of the property, down to 73rd Avenue. There is some recreational space provided, which he felt added much to the development. The parking and the recreational area would be to the north. They are proposing to drop the parking lot and use berming, so that you could look over the cars at the building. He said that they wanted to lessen the effect of the asphalt parking lot, and accomplish a green strip in front of the building. They have provided for a 30' easement which could be used as a street or walkway to the park to the north. Councilman 1ieb1 asked how many one and two bedroom units are proposed. Mr. Voss said that there would be a few efficiency apartments and the rest one and two bedroom units. Mr. Merlin added that they would live with whatever the Council states. Councilman Liebl said that last night he went up to the area __ to look �,t OV��' and he said that it ����ar� �� him tl�a�t� iahia i� one o� �he ��:W .. �, , .., .,. , � -, . � ' , � ' ' ' ' SPECIAL PUBLIC HEARING ME:ETING OF MAY 11, 1970 � ' LJ ' , PAGE 9 areas left in the City that could be developed as a residential community. He felt that this could be built up as a residential area. He said that he was impressed by the upkeep of the area and that the people residing there seem to have a pride in their homes. Mr. Merlin said that he did not believe that their development would interfere with the R-1 developed in the area. Councilman Liebl asked the cost per unit. Mr. Nelson Sr. said that this was hard to say, with the prices going up as they have been. It would probably be $11,000 to $12,000 per unit and up, to bring in the kind of tenants that they would want. The number of units is also hard to say and what mix they wi11 be is not deteiznined as yet. They did not want to expend the money for plans until they could find out if they could build the building in this area. He felt that some three bedroom units may be in order, but this will take some further study. Councilman Liebl said that he must look ahead to 20 years from now, and determine whether this inve�tment would be the best for the existing environment. He said that if he voted for this rezoning, he must be sure it would be for the best of the neighborhood. Mr. Merlin said that their feeling was that the stipulations would be covered ' by the Ordinances, and that they could live with the limitations. He said that he was not sure that this was a good area for three bedroocn units, but that they wanted to be guided by the City. He said that he did believe that ' they can make this an attractive area, but they need some space to allow for a minimal amount of units. He pointed out that they were not proposing to put any buildings on the new rezoned area, but would use this for the ' recreational and green area. He suggested that this could also be done by a special use permit, if desired, he believed. Mr. Voss added that there would then be single family or duplexes along Onondage Street as a buffer. Most activities are carried out in the back yards and he wanted to provide ' this same type of service to the apartment dwellers, by providing a back yard for them also. If landscaping and parking is developed on the area to be rezoned, the lots left on Onondaga would be very good residential lots ' and would create a good living environment for both the apartment dwellers and the single famiiy homes. Councilman Breider said that the R-3 goes all the way to Hayes Street, so why not try to develop to the west rather than to the north. Mr. Nelson said that they have not tried to acquire that property. There are houses there and he did not know if they wished to sell. They would like to develop their own property. Mr. Voss added that he thought that as time goes on, the single family dwellings will be replaced in that area with apartment houses. Councilman Breider asked if there had been any contact with the property owners on the west. Mr. Nelson said that about a year ago he talked to them and did not get any indication that they wished to sell. He said that they felt that if granted the rezoning, they would have a substantial site. He said that he did talk to the owner on the east side but he did not indicate that he was interested in selling. They would pursue this further only if they were to rezone in depth. Councilman Breider asked what type of access would be planned for Lot 28. The City Engineer pointed out that there is a proposed road pattern on Paqe 6 of the Agenda which shows the proposed access. Councilman Breider asked if there would be berming along tlze apartment houses, and Mr. Nelson said yes. Councilman Breider asked if all access would be to 73rd Avenue and Mr. Voss said yes, they would agree to take all the traffic to 73rd Avenue. Mr. Merlin added that they would prefer to keep all the acces� away �z�am Qnondaga Street. Councilman Breider said that it was mentiAned tk�at d�,plexes m�y go i.n along bnondage Street, and asked i� theY; SPECIAL PU1sLIC HEARING Mr.ET11VG OF MAY 11, 1970 PAGE 10 cannot get R-1 homes, if they may be back at some future time asking the Council for R-2 zoning. Mr. Merlin said that this was not the plan at the present time. Mr. George Hanson, 1476 Onondaga Street N.E., said that they received a notice that 150 children would be bused out of this area further north because there were no facilities at Woodcrest. If this was rezoned from R-1 to R-3 this would add to the amount of children. He objected to adding more R-3 property when there are not schools to take care of the childre?n now living there. He said that Lots 23, 25, 27 and 29 are now zoned for R-3 and these lots could be obtained. If this is rezoned it would encourage more speculators to come in and try to get R-1 property rezoned to R-3. He said that no one on Lots 22, 24, 26 or 28 are proposing to split their land, they desire this land to keep the apartments to the south away from their land, so a street would not be needed. He said that in a democratic society, supposedly the people have a voice in what is to happen to their neighborhood. He said that he had a petition w�th 64 signatures opposing this rezoning and about 50 come from a three block radius. He then came forward and presented the petition. PETITION #4-1970 - PROTESTING THE CONSIDERATION OF AN ORDINAAICE FOR REZONING REQUEST ZOA #69-02 (ZOA #70-03), GEORGE NELSON: , MOTIQN by Councilman Lieb1 to receive Petition #4-1970. Seconded by Councilman Sheridan. Upon a voice vote, all voting aye, Mayor Harris Pro tem declared the motion carried. Councilman Breider asked Mr. Hanson if the area were to be developed R-1, would he be in favor of the street pattern. Mr. Hanson said that he felt that it was better to keep more land with the house, rather than splitting off the back part of the lots. He said that it would be hard to reach a decision at . this time. He pointed out that he lived on Lot 26, which is a middle lot anyhow. Councilman Breider said that he would only be affected then if he were to split off the back half.of his lot. Mr. Hanson said that he had no intention of doing that, and he did not know of anyone else who did. He felt that the additional land at the back was well worth it with the multiple dwellings going in on 73rd Avenue. He said that he could not see adding more R-3 property around them, and he hoped that the Council would give them some consideration and reject this proposal. � Mr. Gordon Gnasdoskey, 1491 Onondaga Street N.E., said that he lives right across from Flanery Park and the people in the area are con�ciencious with their property, and are hard working. This is a very good area. He said that he spoke for a group of people that would like this area to stay residential. He said that if more multiple were to come in, he thought that people would leave. ' He asked that it stay zoned residential. Mr. Chester Ewer, 1565 73rd Avenue N.E., said that he worked on a committee last winter to try to reach a compromise on the school situation. He questioned what would happen when the apartment house brings in more children. He said that consideration must be given to the school situation. He pointed out that the traffic is.already bad on 73rd Avenue when work lets out at Onan's. He asked what will happen when these people try to get home at the same time. He said that they were in another school district from most of Fridley and seem to be a forgotten neighborhood. I ,. P ' SPECIAL PUBLIC HEARING COUNCIL MEETING OF MAY 11, 1970 ' ' u � ' ' PAGE 11 Councilman Liebl told him that he was not forgotten, that they just got Flannery Park and have been putting in more equipment. Each part of Fridley gets their fair share of tax money. Mr. Ewer said that he would not let the road go along his property: Councilman Harris told Mr. Ewer that he was not being pushed around, that this request was not originated by the Council and that the State Statutes state that everyone has a chance to try to develop their property, and they must be heard through the legal processes. Mr. Henry Hamersma, 1405 Onondaga Street said that he was concerned about the school situation, and did not want his children bused five or six miles. Mr. John Doyle, 1651 Onondaga Street N.E., said that he lived up the street froan the rezoning. He said that there were comments made on 1, 2, and 3 bedroom apartments, but the developers really do not know what they are asking for. They have no plan. They have said that the north area will be left as a green area, but it would be just as green as R-1. There is no assurance as to what they would do. This question was asked before the Planning Commission, but they still have no plan. He said that he would like this area to stay R-1 and was definitely against the proposed R-3 zoning. Mr. Robert Persgard, 7430 Lakeside Road N.E., asked what was the final action of the Planning Commission. Councilman Harris read the motion by the Planning Commission.aloud. Mr. Persgard said that the last meeting he was at there was not a quorum, and he was told that he would be notified when the next meeting concerning this item would be, but he received no notice. Councilman Harris said that he was sorry, he should have been notified. Mr. Merlin said that he was not sure where the Council would want the entrances. He said that he would be happy with a special use permit for the use of the R-1 portion. Whatever the Council desires they will do. He said that they have left their plans in outline form so that they could work with the Council and the staff within this outline. Councilman Harris said that some of these people have been here 2, 3, and 4 times. He asked the City Attorney if, as he reads the OrdYnance, the R-1 portion could be used for parking under a special use permit with the structures on the portion that is presently zoned R-3. The City Attorney said that tAis could be done under a special use permit, for the parking. Mr. Merlin said that he would be happy with a special use permit, but was told to apply for the rezoning. He said that there is no feasible use for that portion of land except for a recreational area and parking. If the Council does not want the rezoning, they could grant a special use permit, then the people would not have to come back. Councilman Harris told the people that as a policy the Council does not make a decision at the public hearing, but give themselves time to consider the points made and it is considered as a rule at the next meeting. Councilman Sheridan said that they are asking for more units which would make � a lower density for the whole tract. A special use permit is actually a rezoning. Mr. Merlin said that the people are concerned that there not be a building on the north R-1 portion. He said that they will accept a rezoning � or a special use permit, as they did not want to build in that area. They do want to put in nto�e units. To put in the streets, water and sewer for a re�j,der�t'lal development would make the cost of the land prohibitively expensive. , By addinq that north portion, they �p�,�d q�� �Q�� u�,j,ts but npt ������pr ; _ _ ; .� � , density. Councilman Sheridan asked what is the estimate on how ivany un�ts`th�y � , � � � � , i SPECIAL PUBLIC HEARING MEETING OF MAY 11, 1970 PAGE 12 , could get in without the rezoning. Mr. Merlin guessed about 40. Councilman Harris asked how many acres is presently zoned R-3 and the City Engineer said about 2.3 acres. Mrs. Dennis Herbst, 1482 Onondaga Street N.E., said that tney bought their lot to raise children and they did not want to look at a lot full of cars. She felt that they would have traffic, and head lights all day and night. She asked Mr. Nelson if he would like to buy Lot 28 with this arrangement. Councilman Harris asked how.many were present for this item and about 30 to 40 hands were raised. He then asked how many opposed this rezoning, with the same hands being raised. A resident in the area asked that the multiple dwellings be kept away from Onondaga. They can be developed on that property already zoned for them. He said that he did not favor this request. Councilman Liebl said that he did recognize that the�e people�have voted for the improvements to their property and paid a good price for them. They have shown a spirit of attempting to improve their land. The Council will also consider this. MOTION by Councilman Liebl to close the Public Hearing on the rezoning request ZOA #70-03, George Nelson. Seconded by Councilman Breider. Mrs. Conrad, 7440 Bacon Drive N.E., said that it seems to be necessary to always be coming before the Council to fight against multiple development. This area is slowly being developed as a residential area. There is a great deal of area that can be developed as multiples, and she did not think that they should be allowed to infiltrate residential neighborhoods. They are entitled to their privacy. She said that they do not want them: Councilman Harris said that he thought that he made himself clear. Any petitioner has the right to come before Council under the State law and petition for a change in land use. The Clty has no control over this as long as the petition is within reasonable limits. The law says that the City must accept the petition and hold a Public Hearing. The Council must follow the rules and regulations set down by the State. TF� VOTE upon the motion, being a voice vote, al1 voting aye, Mayor Harris Pro tem declared the motion carried and the Public Hearing closed at 10:25 P.M. RECESS: Mayor Harris Pro tem declared a recess from 10:25 to 10:50 P.M. PUBLIC HEARIUIG FOR STREET IMPROVEMENT: STREET IMPROVEMENT PROJECT ST. 1970-4, ADDENDUM #1: Mayor Harris Pro tem read the Notice of Hearing aloud for the.benefit of the audience. • The City Engineer said that this is being br4uqht to the attention of the Council as W�ter and sewer is presentiy being installed in the area. The, street8 are in poox oorid�tlon as they are vezy sandy. They we�e �Chedulad ' ' , , ' ' SPECIAL PUBLIC HE ARING MEETING OF MAY 11, 1970 PAGE 13 ' to be installed next year under the 10 year street improvement program, but ' the trucks are needing the streets. As the Council knows there is a drainage problem, for that reason he is suggesting a staged program, with only one mat and some of the curbing to be applied now, and the rest when the storm sewer problem is solved. Some of the property is not developed as yet, so for ' this reason, the curbing will not be applied until it develops so it will be �known where to put the driveway cuts and additional water and sewer services. ' Councilman Breider asked where the ditch was in relation to the streets. The City Engineer �>ointed out the ditch on the screen and said that the curbing would be left off this portion of the street also until the storm sewer goes in. They are not proposing to do anything with 78th Avenue because , this is where the proposed storm sewer line would qo. Councilman Breider said that he understood that there were problems with washouts. The City Engineer said yes. The storm sewer is the biqgest problem, which cannot be , solved by Fridley as it is not under our control. He felt that as long as the construction would be r,taged, the property owners would be money ahead. The City would then come back with the remainder of the curbing and levelinq , mat later when the development demands, and the storm sewer problem is resolved. Beech Street: 77th Avenue to 79th Avenue (includin alle ) There was no one present to speak on this street. Elm Street: 77th Avenue to 79th Avenue (includin alle ) Mr. Robert Davis, 115 77th Way N.E., said that he had Lot 36 and 37, Block 7, Onaway Addition, and asked what his assessment would be. Councilman Harris said that the assessment is only estimated, and that it would be about $1458.87. The exact cost would not be known until after the bids are let. The bid award is made to the lowest responsible bidder. Councilman Liebl added that this would be the assessment for the street and curbing. There is a storm sewer problem that has to be solved also. This is why the City Engineer suggested leaving off the curbing in certain places. He wondered if the mat would not be washed out in one year. The City Engineer said that this would be a temporary type of a street near the ditch areas. Councilman Liebl asked if there was any petition. The City Engineer said no, the problem is the people want the road fixed so trucks can move. This is brought to their attention to give them a chance to be heard. Councilman Liebl said that if r.Fridley does not get the cooperation of Spring Lake Park and the Highway Deaprtment on the storm sewer, it will have to go to court. He pointed out that there would then be a storm sewer assessment also. Main Street: Osborne Road to 79th Avenue � Mr. Albert Johnson said that he was the fee owner from 77th Avenue to 79th ' Avenue east of Main Street, and he did not believe that � of the street has ' been dedicated as yet. Mr. Richard Harris said that they were the fee owners � for the other � of the street. He asked the City Engineer if, under this proposal,right of way does not have to be acquired from Dworsky Barrel property. The City Engineer said yes. Mr. Richard Harris asked if this was assessed back against the prop'erty owners on 77th Avenue. The City Engineer said that this was the normallpolicy. Mr. Harris said that hs Wouj�j �}ko the blacktopping and the curbing,!but instead of a�cquiring the p�operty from Dworaky by condemnation, ,he wqu�c� r�ther �ee o�rlly � p� �}�� roadway qpnp�,�tfd, � and when Dworaky wnnts to ��d����� ��� �a��� �t Qouid be dene. He eaid $h , I ,.. � � I �� �. I i .. ' �: ''. �. � ,. �.. . . .., . ._.. '_ ' �"" � � PAGE 14 SPECIAL PUBLIC HEARING MEETING OF MAY 11, 1970 he was against condemning that property and having that assessment against him. He felt that would be penalizing him, and he has shown his intent. He said that he dedicated his share of the right of way, the same holds true of the right of way off Main Street. He said that he wanted to develop his pro- perty, but he was against going out and buying property from Dworsky Barrel for an improvement that would benefit Dworsky Barrel. There is already a heavy assessment for•the sewer and water and adding the cost of a condemnat}�on to the price of the street, would price it out of sight. He said that he was against paying good money to buy the other half from Dworsky for access to his property. He has 33 feet now and could get by with that if only half of the street was constructed. He said that he would have to have access across the ditch. He has a plan to come before the Design Control Subcommittee for a building on Main Street. They need the land for equipment storage. He said that a culvert seems necessary. 77th Wa : Railroad Tracts to Main Street 79th Avenue: Beech Street to Main Street Councilman Sheridan said that from the conversation he assumed that the City does not have part of Main Street. The City Engineer said that it will be acquired for the installation of utilities in there. Mr• Harris said that he was surprised that the north portion of 77th could not be put in without condemning land. He said that when his money is spent, the City had better ask him about it. He felt that it was poor planning. The City Engineer said that the City has a 33 foot right of way for three facilities. The health requirements are that the water and sewer must be more than 10 feet apart. The sewer is going in on the south side and the water going in on the north side of the north � of the street. � Mr. Harris said that when the City talked of putting in the water and sewer there was never a word said of condemnation of the Dworsky property to put these lines in. Whe.re does the Administration get the authority to spend the property owners tax money without their being asked. The Cit�r Engineer said� that there was right of way needed for hooking ug the water line to Osborne Road. The City Administration does not expend money wi�hout authorization by the City Council. Mr. Harris said that he would l.ike to see the Minutes of the Council Meeting authorizing the condemnation of the Dworsky Barrel property. Councilman Harris asked him to stop in at the office and they would be shown to him. The City Engineer added that no money has changed hands as yet, so far it is only negotiation. Councilman Sheridan asked what project the water and sewer was put in under. The City Engineer said that it was � Water and Sewer Project #93. Councilman Sheridan said �hat the Council ; authorized condemnation for the coanpletion of Project #93. Coucnilman Sheridan said that the Council policy has been to only put in a street where there is full right of way width. If the Council follows this policy, he asked Mr. Harris his wishes. Mr. Harris said he would just as soon forget it. He said that he was very disturbed.about this condemnation. He said that they are now living under very difficult conditions. He said that the contractor left the street in, such bad condition that he had to grade it himself. He asked why he should pay Dworsky so the whole area could benefit. V Councilman Liebl said that the storm sewer problem should Harrisvsaidlwhy•npt! was in favp�' o£ l�tting the couxt make thE aecis�.on. Mr. ', walt with the Wk�Ale Rx��ect nntil the people dedicate their land. Councilman { „ ''y. , , , , _� ' ISPECIAL PUBLIC HEARING MEETING OF MAY 11 1 , 970 � ' ' , ' ' L� PAGE 15 Liebl said that he knew that Mr, Harris was in the forefront in getting his land �eveloped and his property did provide tax returns. Mr.Harris said that he would favor getting the whole area done at once. He pointed out that there were some vacations needed also. Councilman Liebl asked how far the water and sewer project was and the City Engineer said that most of it was in. Councilman Liebl said that this binds the Council, and Mr. Harris commented that it appears that they are stuck with it. Councilman Liebl said that he had the impression last year that Mr. Harris was all in favor of the improve- ments, so the Council went ahead and gave the authority to acquire the land. Mr. Harris said that his only concern at that time was if the services were going to be big enough. He said that the thing that he did not like is having to buy land through the City from Dworsky to get access to his land. The Finance Director said that they were considering assessing � of the cost of the street improvement to the east side, and � of the street improvement cost to the west side, and all of the condemnation cost to the side the City has to acquire. However, this has to be checked out by the City Attorney to see if it is legally proper. Councilman Harris said that this would result in the same as a dedication. The City Attorney said that in any condemnation the benefit would be taken into consideration in any award and would off-set the taking. The City Engineer agreed and said that ordinarily an award is nominal if the property is benefitted. He said that it w211 also be inves- tigated by the City Attorney to see if all the cost can be assessed to them. Councilman Harris said that he recognized Mr. Harris' feelings and if one side of the street dedicates, the other side should also. He suggested that Mr. Harris talk to the City Engineer further if he had any more questions, and said that it would be back on the Agenda next Monday. The Council would like some time to think it over. He said that he wouZd like to see the project go through. Councilman Breider asked the City Attorney if he would have an opinion by next Monday on whether or not the total cost of the acquisition can be assessed against Dworsky and the City Attorney said yes. Councilman Harris asked Mr. Juster, the City Attorney, if he was in favor of the project, as he also owns some property in the area and Mr. Juster replied that he was. Councilman Liebl asked Mr. Johnson if he was in favor of the project and Mr. Johnson said that he would check with the person buying the property, but he would imagine so. MOTION by Councilman Liebl to close the Public Hearing on the proposed Street Improvement Project St. 1970-4, Addendum #1. Seconded by Councilman Sheridan. Upon a voice vote, all voting aye, Mayor Harris Pro tem declared the motion carried and the Public Hearing closed at 11:35 P.M. DISCUSSION REGARDING CONDEMNATIOF�T ALONG WEST MOORE LAKE DRIVE: (OiV,TFiE AGENDA AT THE REQUEST OF COUNCILMAN SHERIDAN� Councilman Sheridan explained that he received a call frcm a resident in the area concerning a condemnation notice that some of the persons in the area received. Last fall they spoke in favor of having no sidewalks and this condemnation notice is the first notice they have had of anything different being done. This is why he asked that it be put on the Agenda and the people invited to attend. What is contemplated is putting the sidewalks on the reside�t'S p�'qperty through an easement to rave tl�e txege, _ ._ �; SPECIAL PUBLIC HEARING MF�'TING OF MAY 11, 1970 PAGE 16 The City Engineer added that last year at the public hearing the proposal was to put sidewalks on both sides of the street, and there was considerable objection to installing sidewalks if assessed for them. Through further discussion the Council resolved that there should be sidewalks on one side of the street, although the people did not want more sidewalks. This is a state aid road and the state aid section has not started allocating money for sidewalks also. As long as the City can get state aid money, it was agreed to proceed with the sidewalks on the west side of the street, and follo�z the basic overall si.dewalk policy for sidewalks. To save the trees close to the street the proposal is to put the sidewalks on 5 feet of the property owner's land thr.oug}� an easement. This would also provide for more snow storage. Unless the property is given, it will have to be condemned, so that if one person received compensation, all will. This was merely the first notice of the impending proceedint�s. Councilman Sheridan asked what is the next step. The City Enginser said that the Engineering Assistant was going to get together with the people and tell them where the sidewalk would be located on their property. If there is concurrance from the neighborhood to give the land free, there would be no need for the condemnation. Mr. Harry Nawrocki, 5800 West Moore Lake Drive N.E., sdid that they voted last year to have no sidewalk, but a street with a curb and gutter. Suddenly they get this notice of condemnation, that wants 5 feet of their 35 feet of feont yard. This would mean.that the sidewalk would be only 30 feet from the front of the house, and could be ci.oser. He said that they got along without side- walk for 14 years and�the people say that they still can. He said that the people feel that this is being pushed upon them. He said that if the people absolutely have to have the sidewalk, put it down by the curb. He said that as far as saying that the City will be giving them a sidewalk because this is a state aid road, he did not buy that. The vote was 28 to 0 in favor of no sidewalk. Councilman Harris said that he was right about the vote on no sidewalk, however, the discussion then was to assess � of the cost of the sidewalk. This was the policy adopted 2 years ago. Now the Council can say that they would be getting a sidewalk with state aid funds, and no assessment, because this is a state aid road. The City Engineer was asked to prepare a sidewalk plan for the City of Fridley as the Council feels that sidewalks are a necessity in certain areas, such as school areas. He said that the City did not want the children walking in the street where they are not bused. He appologized for the poor communication and said that the people should have been notified that a sidewalk should go in that area. Mr. Joe Matusovic, 5810 West Moore Lake Drive N.E., asked if the residents really have any choice. Councilman Harris said that the City wouid like to have the sidewalks very much. Councilman Liebl added that a sidewalk program has been adopted. This is mainly for the protection of the children. Mr. Matusovic said that he would prefer to have his tree tal�en out and move the sidewalk closer to the street, although his first choice would be no sidewalk. Council- man Harris said that the reason the Engineering Department was asked to move the sidewalk, was to save the trees. Mr• Matusovic said that they would rather lose the trees than any of the yard. The City Engineer said that there would be a cos� involved �.n taking out the trees. There is also a problem of snow storage. I� th,e,y a��• P�t close to �tl�,� curb� �hsy a�� dif�iCU�� tQ �Rs� QPe� in tha Wintertime when tM�� �?�� ������6 �� ;;'" __ _ - - ' , ' ' ' � ' ISPECIAL pUBLIC HEARING MEETING OF MAY 11, 1970 PAGE 17 1 Mr. Powel Skabrat, 721 Marigold Terrace, said that he lives on the corner, and ' the snow banks are very high and asked how they will be cleared. Councilman Liebl asked if the children walked in the street or on the private property, and a member of the audience said in the street. The City Engin�er commented that the plan is to take the sidewalks to T.H. #65 and eventually they will go to the beach. Mr. Skabrat said that the children mostly ride bikes, or drive cars. A lady in the audience asked if the bicycles go on the sidewalk and the City Manager said that they are not supposed to. The lady said that the majority of the children ride their bikes to the beach. Councilman Liebl , commented that it was difficult to keep the sidewalks open on 61st Avenue. , , , A lady in the audience said that there is a path going to Parkview School that is shorter than going by the street and that most of the children go this way. The school kept this path open. Councilman Sheridan added that the City put in concrete also. The lady asked why would the children go the long way in the street, when there is a cut through. Mr. Nawrocki added that a sidewalk is no benefit.in the winter time as it cannot be kept clean. Councilman Harris said that �here has been a change in procedure in plowing the sidewalks, some snow has to be hauled away. Councilman Harris said that if there is to be any continuity to a sidewalk program, they should go in where it was agreed, or else the program should be abandoned.. The Council will have to decide whether to abandon the project ot go through with it. Mr. Nawrocki said that he did not believe that he would be getting anything free, and the City Engineer assured him that he would be. Councilman Harris commented that if there had not been streets, sewer and water put in over the objections of the people, this c anmunit�C would not have progressed to the point it has. The City Engineer said tl:at the Engineering Department is now pounding stakes in so that the people can see physically where the sidewalk will go. This way it is easier to envision. Mr. Matusovic said that he would appreciate it if sameone would come out to the site and talk to him. A lady in the audience said that the State should also have to pay for the street as the traffic is terrible. The City Engineer said that this is another reason why the sidewalks are needed. The traffic will not be getting any lighter. The sidewalks are needed �or the safety of the children and pedestrians. Mrs. Ludwig, said that she lived on the corner of West Moore Lake Drive and 58th Avenue and last winter the snow plow took out her guardpost, and it has not been replaced yet, and asked what will happen to the sidewalks. The City Engineer said that the aurbing would control the plow. She said that she could not see the reason for the sidewalks. There were not that many children walking in the street. A member of the audience said that if they were going to get the sidewalks anyhow, he agreed that he did not want them in his front yard, but would rather lose the trees, than some of his yard. CounciLnan Harris said that as to the comment that the sidewalks will not be used, no one could say whether they will be or not as they are not there now. The sidewalks on 61st Avenue are being used. He €elt that it was not a fair st�tem�ilt tQ say that �Mey wi11 ricAt bb� used. : K. .. � �;� i SPECIAL PU�LI� HEARING Mr:ET1NG OF MAY tl, 1970 PAGE 18 , Mr. Robert Cook said that he understood that this was not an actual condem- nation notice, but rather it is for an appraisal service to impanel a com- mission to appraise the land. Councilman Harris said that he appreciated Counci].man Sheridan's bringing this to the attention of the Council. Councilman Sheridan said that it would seem to be a unanimous feeling that the people would rather have the trees go and have the sidewalk away from their house if the decision is to keep the side- walk program in. If the sidewalk program is to continue, now.would be the time to put them in, as they would cost more later. Even later on this year it would be more expensive. He felt that the people should be shown physically where the sidewalks would be going on the site. The City Engineer said that they could do the staking next Monday and ta�k to the people then. The only decision would be if the sidewalks are to be placed in the right of way or on the people's property. MOTION by Councilman Sheridan to have the staking done within the right of way, rather than on the personal property. Seconded by Councilman Breider. Upon a voice vote, all voting aye, Mayor Harris Pro tem declared the motion carried. MOTION by Councilman Sheridan to close the discussion on the sidewalks on West Moore Lake Drive. Seconded by Councilman Liebl. Upon a voice vote, all voting aye, Mayor Harris Pro tem declared the motion carried. REAFFIRMING RESOLUTION #93-1970 - RE4UESTING MINNESOTA HIGHWAY DEPARTMENT FOR DIRECTIONAL LEFT-TURN AR�tOWS ON T.H. #47 AND 61ST AVENUE NORTHEA5T. MOTION by Councilman Liebl to reaffirm Resolution #93-1970. Seconded by Councilman Breider. Upon a voice vote, all voting aye, May�r Harris declared the motion carried. RECEIVING BIDS�AND AWARDING CONTRACT - T�fn1ING SERVICE: (Bids Opened 1:30 P.M., May 4, 1970) , Day Calls Night Calls Snowbirds Snowmobiles Motorcycles Accidents Inside Storage Outside Storage Central Towing $ 5.50 6.75 5.50 5.50 5.50 12.50 1.75 1.75 Shorty's Towing $ 6.50 7.00 6.50 5.00 7.50 12.00 3.00 2 . 00 Dick's Towing $ 8.00 10.00 8.00 10.00 12.00 10.00 2.50 2.00 Present Rates $ 6.00 8.00 6.00 6.00 8.00 10.00 2.00 1.50 The City Manager explained that in checking out Central Towing by using a Public Works truck, it was found that the truck could not reach all points in the City within the 15 minutes limitation set forth in the specifications, These test runs were not during the rush hours, when it would take longer. The second lowest bidder was Shorty's Towing and his recoirnnendation was that it be awarded to hiAa, with the time element being the reason for not awa�dincj to Central '�pWing, the lowest bidder, or the Council could go out for re- bida i� t�ieX d�sired. , ' ' ' � , � ' SPECIAL PUBLIC HEA.RING MEETING OF MAY 11, 1970 � � � � �� ' �_J PAGE 19 Councilman Sheridan asked if Central Towing had equipment in Fridley to meet the time clause. The City Manager said that he understood that all the operations were done from the main office. Councilman Harris commented that the City is not entering into a contract for purchasing anything as such, this is more of a service to the community. He said that he would rather pick up his car from within somewhere in Fridley rather than having to go down to Minneapolis. Councilman Sheridan said that the City does have some liability in picking up the snow birds. This type of contract is actually rendering a service on request. Councilman Harris said that he could see no point in going out for re-bids�.� In some cases Shorty's Towing was lower than the present rates. Councilman Liebl asked why this was brought to the attention of the Council, and if there had been complaints. The City Manager said that there are always complaints when you deal with a service. It was felt to be in the best interest of the City to go out for bids. Councilman.Lieb1 asked Mr. Schuur, of Shorty's Towing how many cars he could ' store. Mr. 5chuur answered the lot holds 30 and there is room for 5 inside. He said that it would be his policy to hold the cars for 20 days then transfer them to a lot he has at Bunker Lake. He commented that he does not make any � money on snow birds. Mrs. Schuur asked what should be done,with the r�'unkers. Councilman Lieb1 asked if they do not get money for them and Mrs. Schuur said that the junk yards do not want them. Councilman Harris asked if there would be any trouble with storage now. Mr. Schuur said possibly during the winter time. Last year he used some land by the City Garage. Mr. Schuur commented that at times someone is pinned in a car, especially on East River Road, and he has arrived before the rescue squad. A member of the audience pointed out that during the tornado Mr. Schuur donated three of four days service in hauling cars and trucks. He received no com- pensation. Another member of the audience said that he felt that the City should keep the service within Fridley. He would not want to have to go to Minneapolis. Councilman Breider.asked the City Attorney if there would be any problem in awarding to the second lowest bidder. The City Attorney said no, not in this case, as there are so many extenuating circumstances. Councilman Sheridan said that one of the reasons for going out for bids originally was to relieve the harassment on the Police Department. This gives them a number to call, and eliminates all the complaints from the canpetition. MOTIQN by Councilman Sheridan to award the bid to Shorty's Towing Service for one year, open end. The reason for not awarding to Central Towing, the lowest bidder, is the time element in arriving at the scene of an accident, which was spelled out in the specifications. Seconded by Councilman Breider. Mrs. Schuur asked if the releasing time for cars could be chanc�ed from m�c��ight to 9:00 P.�. �yor Harris.Pro tem asked that the Administration take care of this Cht�riqe . THE VOTE upon the motion, all ayes, the motion carried. SPECIAL PUBLIC HEARING MEETING OF MAY 11, 1970 RECEIVING MODIFIED POLLUTION ORDINANCE: PAGE 20 � Mayor Harris Pro tem explained that he has received calls from two organi- zations wanting this to come before the Council, especially as concerns back yard burning. He felt that the Ordinance looked at last week was too lengthy and asked the City Manager to prepare one shorter and easier to under- stand. This ordinance adopts the Minnesota Pollution Control Agency stipulations by reference, and outlaws back yard burning. Indications from the general public seem to be in favor of this move. There should be no problem with getting rid of this type of burning as the refuse haulers have in- dicated their cooperation. Councilman Sheridan felt that this should apply to commercial and industrial also. If the residents have to stop burning, they should too, rather than get the two years for compliance the State allows. The City Manager pointed out that commercial or industrial could not burn behind their buildings either. Councilman Sheridan felt that they should be required to come up to the standards as far as incineration is concerned. The City Manager suggested that there be a time limit set for compliance for the industrial and commercial. The City Attorney suggested that in Paragraph 4, entitled "Auxilary Burner for Incinerators" that perhaps it should read: "The City does require---" rather than "The City may require-----"• Councilman Liebl said that he felt that this Ordinance should be implemented. Over the past two years he said that he has been in contact with the residents through letters and they seem to support a ban on backyard burning. Council- man Harris said that he felt that this would be an enforcEable Ordinance, in its simpler form. He said that he agreed with Councilman Sheridan, what is the law for one should be for all. The City Manager said that an additional para- graph could be worked up to include the commercial and industrial and have it ready for the first reading next Monday. Councilman �reider`�asked what time span would be allowed to conform. He felt that it would run into some money for commercial and industrial if it were to include the incinerators. Councilman Harris pointed out that most of the burning this Ordinance refers to is the burning of their cartons etc. Councilman Sheridan suggested there should probably be a date set such as 6 months after the adoption of the Ordinance, and after that time the standards must be at the required level. He did not feel�that the Ordinance should be delayed. The City Manager said that the Ordinance would adopt the Minnesota Pollution Control standards anyhow, and a shorter time limit could be set. He added that he has sent letters out to many of the commercial businesses that burn now. Councilman Breider asked what about emissions other than burning in an industrial plant. The City Manager said that this is what they have two years for com- pliance on. Councilman Breider said that there may be some plants in the City where these emissions would be worse than the burning. He felt that there should be some control set. MOTiON by Councilman Liebl to recieve the modified pollution Ordinance and order it put on the A�enda for the next Meeting, after alterations by the Cit� Attorney and the City Manager. Seconded by Councilman Sheridan. Upon a voic� vote, all voting aye, Mayor Harris Pro tem declared the motion carried. � � � � ' � � ' SPECIAL PUBLIC HEARIN G MEETING OF MAY 11, 1970 PAGE 21 ' DISCUSSION REGARDING BALTHAZOR PROPERTY SPECIAL USE PERMIT (1374 T.H. #100): rMOTION by Councilman Sheridan to reaffirm the Council decision, and ask the City Manager to notify Mr. Balthazor by mail of this Council decision. � Seconded by Councilman Liebl. Upon a voice vote, all voting aye, Mayor Harris Pro tem declared the motion carried. � , ' � DISCUSSION REGARDING EAST RIVER ROAD STUDY (BATHER ENGINEERING): The City Engineer said that if the City is going to try for some T.O.P.I.C.S. monies, there must be approval of a plan. Anoka County is anxious to get started. The monies are available from the federal program on a first come, first serve basis. He suggested that a Public Hearing couid k�e set, so when the people.come in askiriy questions, ti�ere would be answers ready. Council- man Harris felt that he did not have a thorough understanding of these plans as yet, and would like to be briefed. It was agreed that the Council would meet on the 25th of May at 7:30 to discuss the East River Road Study. The City Manager was asked to send out notices of the Meeting. RENEW TRAILER PERMITS FOR MIDLAND MOBILE COMPUTER CENTER: , MOTION by Councilman Liebl to approve the renewal of the trailer Midland. Seconded by Councilman Breider. Upon a voice vote, allp`otionsayer Mayor Harris Pro tem declared the motion carried. RESOLUTION #98-1970 - CONFIRMING ASSESSMENT FOR STREET IMPROVEMENT PROJECT ST. 1969-1 (EXCEPT 62ND WAY AND ALDEN WAY); MOTION by Councilman Liebl to adopt Resolution #98-1970. Seconded by Councily man Sheridan. Upon a voice vote, all voting aye, Mayor Harris Pro tem declared the motion carried. RESOLUTION #99-1970 - CONFIRMING ASSESSMENT FOR STREET IMPROUFMENT PROJECT ST. 1969-2: MOTION by Councilman Sheridan to adopt Resolution #99-1970. S�conded by Councilman Liebl. Upon a voice vote, all voting aye, Mayor Harris Pro tem declared the motion carried. ESTIMATE: Suburban Engineering, Inc. 6875 Highway #65 N.E. Minneapolis, Minnesota 55432 FINAL ESTIMATE Street Improvement Project St. 1968-1B & 2B Street Improvement Project St. 1968-1B & 2B $2,904.22 $1,050.85 $3,955.07 MOTION by Councilman Liebl to authorize payment of the estimate. Seconded by Councilman Sheridan. Upon a voice vote, all voting aye, Mayor Harx,�S Pro tem declared the motion cairried. SPECIAL PUBLIC HEARING MEETING OF MAY 11, 1970 PAGE 22 COMMUNICATIONS: A. ANDREW KOHLAN: THANK YOU FOR RECONSIDERATION OF HYDE PARK REZONING Councilman Harris pointed out that all of the Council got a letter from Andrew Kohlan expressing his thank you on behalf of Eldon Schmedeke and other property owners. He said that he would like to comment that his motion for reconsideration was not based on any legal threat, but rather was made in defer�ing to the wishes of the people, He said that he did not want the record to show that his motives were governed by any threats of legal con- sequences, as that was not his motive. MOTION by Councilman Liebl to receive the com�t►unication from Andrew Kohlan dated May 5, 1970. Seconded by Councilman Breider. Upon a voice vote, all voting aye, Mayor Harris Pro tem declared the motion carried. B, NSP REPORT: WEEKLY REPORT DATED MAY 8, 1970 MOTION by Councilman Breider to receive the weekly report from NSP dated May 8, 1970, and request that the weekly reports continue. Seconded by Councilman Sheridan.. Upon a voice vote, all voting aye, Mayor Harris Pro tec declared the motion carried. ADJOURNMENT: There being no further business, Mayor Harris Pro tem declared the Special Public Hearing and Workshop Meeting of May 11, 1970 adjourned at 1:15 A.M. Respectfully submitted, .i �:�,,1.�'��/'..c�� Juel Mercer Secretary to the City Council Jack O. Kirkham Mayor ' ` � � TYP7_CAL STREET CI:OSS SEC7'ION . ' .• , _'- � ' - . � : . . �� . • . � •' . • +• - . - � .. ' -.�>� . .` � ' ���'�"�r • •' �I `/ � v A/6ri�A�lA�1..r. l..t r• /a1 til '•� �N'/r h oi .sr i! Av.! S�l. 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'�� �• ��� ��f�� �;�a� _._� ... � ..: � '. ' �� ��` ��� � � si v2 . ��); : �� --- . � . a. 9 a. I.. 1•n. .' � . . . . . . . . .... ' � � . . ' ' ^ � ALDEN 6dAY: 62ND �dAY TO 200 FEET NORTH 62ND �dAX : RIVEI:VIEGT TERItACF TO EAST RIVER R0.!1D ' Tofia1 Cost: $1£3,518051 $1�',>18.51 r 2,15$ feet actual footage =$8.59 per faot , Lots abutting on Streefi: tJith Curb -- 1,578 feefi C� $8059 per foat =$13,555e02 ' Without Curb--113 feet n$;070 per foot =$6t+4.10 Assessm�nt for Side Street: • 2,000 fect C^� $2�Q4 Per fioot =$���,OOOe00 � • ' ' � FINAL ASSESSMENT ROLL STREET IMPROVEMENT PROJECT N0. ST. 196g_1 ALDEN �dA`Y: 62ND WAY T0 200 FEET NORTM 2ND WAY: RIVERVIEW iERRACE TO EAST RIVER ROAO LEGAL DfSCRIPTION FOOTAGE LO7 BLOCK LOTS�A6UTTI NG ON S i�REET JULI-ANN ADDITIOtJ ' 2 1 �i de ) f�s 3 1(Front and Side) 138 4 � 92 1 2 88 2 2 (Front and Side) �1�5 3 2 95 4 z 5 2 (side) 6j POTASEK'S AODITION � � 25 � � � 59 2 � 30 2 � ''` 54 3 1 84 4 1 84 S 1 84 6 � 84 SCNULI'Z' S ADDITION , 1 (Ex.W.40�) 1 (Side) 33 W.40� of 1 � ' �.42� of 4 1 82 4 (Ex.f.42�) 1 143 5 � 82 6 � 82 ' 1,—�91 feet i1,57$' with curb, 113� without curb)' ' ASS�SSM�NT F0(2 SIDe STRE�T JULI-ANN ADDITION 1 1 92 ' 2 � 93 3 1 9z 4 � � 93 � t 2 gg 2 � �oo 3 2 95 � �� z �� 5 2 95 6 2 100 � ASSESSMENT $ 386.55 1,185.42 790.28 7SS.92 1,245.55 816.0$ 81b.o5 575.53 214.75 ) SSt.oS * 336.30 )'� 2S7.7o ) 565.50 ^ 307.80 ) 721.56 721.56 721.56 721.56 283.47 7o�.3s 1,228.37 704.38 704.38 1 ,1�q.12 $ i84.00 186.00 184.00 186.00 176.00 2UOa0d 19oa0� 190,OC 190.00 200.00 ' . ' FINAL ASSfSSMENT ROLL STREET IMPROVEMCNT PROJECT N0. ST. 1969-1 , ALDEN 4��AY: 62�dD WAY TO 200 FEET NORTH (Continued) 2N�D W�AY: RIVERVIE��I TERRACE TO EAST RIVER ROAD ' LEGAL DESCRIPTION F007AGE LOT BLOCK ASSESSp1ENT FOR SI DE STRE�T ' POTASEK'S ADDITION 1 1 84 � 2 � 84 ' 3 � 84 4 � 84 5 1 84 ' 6 � 84 � ' I n --SCHULTZ'S AODITION 1(Ex.W.40') 1 2 � t 3 1 (City of Fridtey) W.40' of 1 � E. 42� of 4 1 4(Ex.E.42�) t 5 � 6 1 80 S� 30 82 143 82 82 2,000 ��Et ASSES�SMENT $ 168.00 168.00 168.00 t68.00 168.00 168.00 160.00 to8.00 60.00 164.00 286.00 ��..oa 164.oa �` , o�_" ' Total Cost: $18,518.51 $18,518.51 f 2,158 feet actual footage =$8.59 per foot Lots abutting on Street: ' With Curb -- 1,578 feet @$8,59 per foot =$13,555.02 Without Curb--113 feet @$5.70 per foot =$644.10 ' Assessment for Side Street: 2,000 feet @ $2.00 per foot = $4,000.00 , � � �� �� ORD I NANC E Iv'0 . � ,� ( :, �, AN ORDINANCE TO ADIEND THE CITY CODE OF THE CITY OF FRIDLEY, i�9INNESOTA BY I�'iAKING A t;HANGE IN ZONING • DISTRICTS The Council of the City of Fridley do ordain as follows: SECTION l. SECTION 2. Appendix D of the City Code of Fridley is amended as hereinafter indicated. The tract or area within the County of Anoka and the City of Fridley and described as: East Half of the Northeast Quarter of the Southwest Quarter (E 1/2 of the NE 1/4 of the SW 1/4), except the South 185 feet thereof, except the following parcels: Parcel A: Al1 that part of the East 1/2 of the East 1/2 of the Southwest 1/4 of Section 14, T-30, R�24, Anoka County, P�linnesota, described as beginning at the Northwest corner thereof; thence �ast along the North line of said Southwest 1/4 a distance of 214 feet; thence South and parallel with the West line of said East 1/2 of the East 1/2 of the Southwest 1/4 for a distance o£ 153 feet; thence West parallel with said North line for a distance of 81 feet; thence South and parallel with said West line for a distance of 215 feet; thence West and parallel with said North line for a distance of 130 feet to said West line; thence North along said West line a distance of 368 feet to the point of beginning. Subject to easements for street purposes over the North 33 feet and the West 30 feet thereof. Parcel B: A permanent easement for street, sanitary sewer and utility purposes over a part of the following described parcel: That part of the East 1/2 of the East 1/2 of the Southwest 1/4 of Section 14 that lies between the East 40 feet thereof and the following described line: Beginning at a point on the South right of way line of Mississippi Street located 88.53 feet West of the East line of said parcel; thence South parallel to the East line of said parcel a distance of 51 feet; thence on a tangential eurve to the left with a delta angle of 16° 1�� degree of curve of 10.38° and a radius of 551 feet for a distance of 157.03 feet; thence Southerly in a straight line tangent to last described curve a distance of 57 feet; thence on a tangential curve to the right with a delta angle of 16° 18' degree curve 11.06° and a radius of :) Ord. No. 5 490.25 feet a distance of approximately 45 feet to a�oint of intersection with a line drawn parallel to and 40 feet West of the East line of said East 1/2 of the Southwest 1/4 of Section; thence terminating, all lying in the City of Fridle}�, County of Anoka, State of Minnesota. Is hereby designated to be in the zoned district known as R-3 (General Multiple llwellings). SECTION 3. That the Zoning Aaministrator is directed to change the official zoning map to show said tract or area from zoned district R-1 (Single Family Dwellings) to R-3A.•(General Niultiple Dwellings - Apartments Only). � PASSFD BY THE CITY COUNCIL OF THE CITY OF FRIllLEY THIS DAY OF , 1970. NiAYOR Jack 0. Kir ham ATTEST: CITY CLERK Marvin C. Brunsell Public Hearing: April 13, 1970 First Read$ng: Second Reading: Publish........ ' 0 �. � . � ` �'1� _ . � � , ., � � � � � _ � � -. j � , � �� ! Norman E. 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REGULAR COJNCIL MEE�TING GF APRIL "20, lai0 PAGE 5 � CONSIDELtATIODI OF SH08EWOOD PLAT 8ND VACATIODi AEQI3EST, MAX SALITE�MAN. �A1D DIS- CUSSION REGARDING DEiJ�Y OF INSTALLIAiG HRICK Ot1 SFJ►Aa STORE: MOTION by Councilman Sheridan to lay this itesn over until Mr. Saliterman or his represeniative can be present.at a Council Meetinq. S000nded�.by Councilnaa Breider. Upon a voice vote, all votinq aye, Mayor lCirkhaan declared t�se sotion carried. �� � CO21SIDERATION OF �'IRST RF.ADING OF AN OR�INAIdC'.E •FUR REZODIIDIG REQUEST (ZOA �F70-Ol) TO REZONE FRf�M R-1 TO R-3A, GENERALLY LOCATED..ON STH STREET TO 7TH STREET FItpM MISSISSIPPI TO 63RD AVENUE N.E., BY NORMAN E. RIEDEL: Councilman Sheridan said that he would like to have this item laid over for a full Council. He..said that he has been out of.torm-and just picked.-up his Agenda. this Noon and would appreciate an opportunity .to read the Planning Comuission and the Council Minutes. Councilman Liebl said that before the item is tabled he 1�ould like to make a request of the Administration. He said that he would like to have the infor- mation on how.much in special assessments.there._has been against the Riedel property for the improvement of Missiseippi Street, Sth Street, 7th Street and 63rd Avenue. He said t11at he would like to know how much they have paid in an effort to get a thorough and clear picture of the history of the property. MOTION by CounciLnan Liebl to table the considwzatian-of this Ordinauce for the rezoninq of the Riedel property to the Meetinq of_l6ay 4th-_ Seconded bg Council- man Breider. .Upon a voice vote, all voting aye, ma�ror Kirkham declared the m�otion carried. NOTE: Later in the Meeting, Mr- Fzed Wall, of.the Wall Corporation, requested t.hat this item be tabled to the Meeting of lday.l8, 1970 as he had a prior com- mitment on the 4th of May. The Council agreed that this item is to be brought back on May 18, 1970. FIRST READING OF AN O&DINANCE FOR RE'LONING REQUEST.(ZOA #70-0"l) TO REZONE FRDM C-1 TO C-2, GENERALLY IACATED IN THE. N(1RTHWEST. CObtNER OF 73RD AVEDIUE AND UNIVERSITY AVENUE AND REQUEST FOR SPECIAL USE.PER1lIT BY STEVE CODDON: CounciLnan Breider asked how the special use permit should be handled. The City Enqineer said that this was brought to the Councii's attention now, but the special use permit could be approved on the second rea�ciing of the�rezoning ordinance.. CounciLnan Breider asked if the plans would.not still have to go to the Building Standards - Design Control Subcommittee and the City Engineer said yes, then to the Council. This is for a car wwsh with qas pumps• MOTION by Councilman Breider to approve the Ordinance on first � the reading. Seconded by Counci Lnan Lieblu Upon a roll call Kirkham, Liebl, and Breider votinq aye, Mayor KiLkham declared reading and �raive vote, Sheridan, the motion carried. � FIRST READING OF ADi O�INAIdCE FOR VACATIOI�i OF •A�CCES3 It�AII GEHEFt3►j'I'Y LOCATED - BETWEEN BENJIIldINl AND STZDISON BOUI.EVARD. NO&TK..Qa. GA�RaENA AVENUE, �tEQUEST BY MRS. LOI2RAINE KUSCiiKE : ' Councilman Sheridan said that he had.reviewed thie property and-recalled that this is the property that was deeded to the City to provide a driveway so a mortqaqe could be obtained. The mortgaqe was denied sc there is nQ kseed of th� eal4esRe�t, 1 ' ._ ,.. ' DORSEY, MARQUART, WINDHORST, WEST & HALLADAY � JAMES E (:C95E+' ieB9-1959� 1 �i Nn�C +�.i' FREDERICN E LANGE W?i DO � MAAOU�P* ,JAMES 8 VESSEY �MN W WIN�nONSi WI'�,L�AM � WNIiLOCM M: 4r MI.L:nJAV E J. SCHWAPiCBnUER U��-� N N�NNAf(laU THOM�S M HROWN +. � s. S�x '�.�EY CORNE�IUS C� MAHONEY HLCyE:., W. LINDOUIST THOMT� S ERICNSON ' ,�°��C n dRiNN WIILI�M C.BABC�CN MOR�CF HrTCH MiCH�E.. E.BRE55 V�R�I� H NILL pAUL G� Zi.RHY ROBEAi V.?�RBOt RAYM(�ND P.kE15tER ntFCRESi SPEN�EF JONN J.Tn.Y'._�R ROBER? J. JOl+NSON BEpNARD G �iEiNIEN M W tiA55EL0U15T W�iLI�M J HEMPEL , Ff'ER DORSE� JOHN : HiBBS �JAGE F F�ANNE'flY R08ER' 0 �lJi*EN '�URT�S �.ROY ,JOMN � LEVINE nRTHVR E wC�SBERG F09ERi J. STRUYM UUANE E.JOSECH MiCH�EL A OLSUN ' , [-� LAW OFFICES 8�00 FI RS T NATI ON AL BAN K BU I LO ING MINNEAPOLIS.MINNE50TA 86402 Mr. Darrell Clark City of Fridley City Hall 6431 University Avenue N.E. Fridley, Minnesota Dear Darrell: TELEPr�ONE 333-2�Si AREA CODE 612 CAB�E �DDAE55 DCPJw :�lay 11, 19 70 �_ARNV W :OnM50N JOHN u w�(;K5 'N�)MA`. � �n• FJGF'�� ��tiVN iUP!i5. �RSiUND RUFie' h.� , r. G �ARPr ..yi��iTN . ��� . � �..- ' lA CR�iG � BECM N�.,... - .. D�ViD t McCUSNEY .,. � � - �N^MAS O MOE i. .. w�hyQN J�MES M OM�G�H qi(.���., � i��(JUR.JH JOHN M M�5!IN f�iTM � J�M��v MI( n�E� w WPIGNT D�VID � R�NMt iM L/�.RP� . ���KqEY ROB[RI .I SILVEkMAN LOREN H Kni'� PNILLIG H M+F'IN JONn .i N�;i� �R N^MSC C _,'�NSON E 5 ' � . �+E R�ON OF �OUNSEL CMARiLS �,H�UENSTEIN D�VID E.BRONSON CXnRLCS �.GFCR IEIAND W SCO�? JOMN �. ZW�KMAN LEAVITT R B�NNfA rnclosed herein please find a redraft of the proposed deed for the conveyance of additional land for the Fridley liquor store site. The enclosed was revised to add in the 12th line of the legal description the words, "as measured at right angles thereto". I believe that this correction which was suggested to me by Mr. Sha, Engineering Consultant for the District, removes a possible ambiguity from the legal description but does not change the intent thereof. If you have any questions as to this change, please let me know. Ver�• truly yours, ` �< � _ Loren R. Knott , LRK:cac Encl. cc: Leonard Juster Dick Sha �� ' , '! : . .. . __ --__< . . ... .._ . . .utn. _..0 unitorm �ur san.. � •• • llyy+�, � �fji� �n�enture, .�� t�z8 .................................... .. ... da o a7 ........................ . Y9...» . , � ..............y f.......�:... ....... , between .....°{t3�T�:...SE;i�L�BIA:i :;A.5II3"ARY ��:�r � �:ZS'."3IC'f .. . . . . ......... ... ............................................ .. ..... .. . ..................................... ..................a................... ..... pttTs I ic a�orpora,tion under ihe lawa of the State of .. ......... ..����d'��� ....... paa•ty of the fi,rat part, and ' CiiY �iT 1�'.Ii:L.tY .................................................. , ............ ic i...;l .......................................................................................... ...................................... .................................................................... ?tinaaedt� ...................... Qorporct�wn under tha lawa o f the State o f ....... .... _ ._ .......... .. . .............................................................................. ]�a.*ty of the aeoond part, .......................... � �ittttflfiftfj� �hat t es� tid partu of Ehe �'crst pa.rt, in eon.siclerdtr,on of th,� aum of �na aod rio 2Qi1 Si. ot�sr val�ea r�ceiv�d-_-__...___.__.._.__�.__�._._____��' . ........................................................................... .................. ..................................................................................................... to it in h,ccnd paid by the sccid party of tlu second pa,rt, the receipt whereof is h,ereby acknowled�ed, does hereby Grant, Bdr�ain, Quitalctim., ctn,d Cont�ey unto th,e said pQrty of the second part, ita succtasora a�a�si�ns, For�ver, all the trcwt............or pareel......... of land Zying and being in the County of ......................_ ........................................................................and $tate of .A1i,nnesota, deseribed aa follows, tawit: Al2 ti�at part oi Lot 3P�, buditor': Sa�di+r��i�n �o. 3�i describ�� a� f ol Iwa : Co�o�saciu� as M�AC a� the �o�et, 11Re of 6�etiow 34, i»3�� �:24. � diatsnce ot 156 fset �sst of ths �oath+wst c�r��s ot the �ooth�aae c,h�artas at raid 5�ction 34; t�asac� �ozth •t rigAt aogl�s vith •+aid �ectian Ilae a dista�►cu of �t? �west to the sctnal goiat •! b�t�iania�; [b�race coatianin�q �orth o� rhs �art 1l.0� txt�redad � dLta�ee of 3t�U t�c; tt��uc* ;aaac�r2s pnrallel rith sad AQO t�at tro� aaid s�ctiaa liat to t� iatar�ctioa vith tht v€s»tsrly right of w�y Iia� ot t!� �sst ltirsr �asd a adv laid att es�d �oaatrt+eE�ad; tt�ate 8oestt�rl� als�s� said rig�t ot wa7► lia�e co s �oi�t 26S fe�t froa saic� 3outb lius oi the sactia� u �rssars4 as ri��t a��l�• tl�steta; tA�sac� �►eRc p��allel ta aaa 26S ��et ft�oa said Souta s�etton lina to a 1ln4 dssar� et rig�t �a�l�s �itl� tt� snxd 3oath slctioa lin� troo� a Doiaae e3oez�aa dLstaiat 2�J4 f�t �aist of th� 4o�thve;�t eor�er oi •sid 5�►ta�eaat If4 ai said S�ctio� 3i; thenet� so�t�h s1oe�;q tb� last �eoccibed liae to tl�� ir�tarseetis� rith a li�a �a�rsllsl vith as�d 4� fe,�c :tort� n� srid 5o�t3► li�s mi t� +ssctloa; thsoe+� t.�rsc alaap� s�i4 qaralle�I lioe ta tk� act�a� poiat of be�ina�ia�; aud thsr�e t�er�t+ir,r�ting. All loeated ip Sactiow 3�, Y-3€;, �-�1►, �ic. of 1�=idl�r, Mounc� ot �a� St,etw of �ias��ota. iatYS I:fiSt�4��"� I5 �:Xm�'[ P�±K���! S:A7Ci: :��1G 1'A:i. �Co �Abe ana to �joib ttje �ame, Together with all Ehe Iureditam.enta and appurtenanodt th�re- unto b�lon�'ing or in anywi.de appertainin�, to .;'ae aaid party pf ��te ���t.d pccrt, ita stccceaaora and aaii.��, ' Forr,ver. , � W , ' • / "1 ' z ' � F ' ._I � 4,' \ , / � Z � n �� �� ' F- • i� l ,i � . ' i ni n `, n� � N : � �• � � Q �; Q� n e � � ; �- n, � z �- y 0 � � � . " � . � � . , ` �� . t . . , � • . . . . � ' . . 1 I �. � , Q r � • . 1 x� ,� (�. APEA oF I�top62-r'y -r-o 8E AG;u,�r IF- ' ��j' • i7Q' -�-o W: c-r' �' /35 � T� N.or_�-t'� � a : � SC�,7`7�-' SQ.Fr, oz" /.?of-'.�«c- . Z � • ; . .. . � � �PE"A oF ��!`,2SF;1tiLC.. 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' _. _ ' - - -- l :�� �• , n O - - � /' . }�� - -. - - ' -_--- ' �- .. �.�, � / ^ �� r;7'�oN 3�'� �t , • a • i �;/ � • ��� ��`. ..� 1 '� ,� 0 � 0 •, I . . . ,. . . -------�---� . ��i.F . � . ---- 2!� 3n.4:'o-- - --- ------- - -- ------ ----- -- - -� - -----��- -- -- - __ _ _.,_ .. .T. �_ . � � /' • T� � f �` SCJV i^f� i.lfl � ' . . , 1 , �_� ' ' � � � ' � � � � ' , � �� ' ORDINANCE N0. 1.1. r a , AN ORDIN�II�TCE TO AMEND THE CITY CODE OF THE CITY OF FRIDLEY, MINNESOTA BY MAKING A CHANGE IN ZONING DISTRICTS The Council of the City of Fridley do ordain as follows: SECTION 1. Appendix D of the City Code of Fridley is amended as hereinafter indicated. SECTION 2. The tract or area within the County of Anoka and the City of Fridley and described as: The North Half (N�) of Lots 30 and 31, except the North 125 feet, Auditor's Subdivision ��129, all lying in the Northeast Quarter (NE�) of SeEtion 12, T-30, R-24, City of Fridley, County of Anoka, Minnesota. Is hereby designated to be in the Zoned District B-3A (apartment and multiple dwellings). SECTION 3. That the Zoning Administrator is directed to change the official zoning map to show said tract or area from Zoned Mstrict R-1 (single family dwellings) to R-3A (apartment and multiple dwellings). PASSED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF 1970. � ATTEST: CITY CLERK - Marvin C. Brunsell Public Hearing: May 11 , 1970 First Reading: Second Reading: Publish . . . ,� i � MAYOR - Jack 0. Kirkham � _ .�.�,r..-- � ... } �, � " ' . . . . . . , . 41 .. � , :rl� ::, �';�;::•: ;:;,:• ' . ,,,, �, � . �«::.�.; �,�;;��':�'• � ,. �,� � m .:.r.; �:= �,t� r.;��:; ::' i W � w! , i::�•: :;;`'; ::�:.•7�•:::yn►+;:;.;;. �. • � � r•. 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Il/ 9 � , Z�la�, Y . .. rr aY/ • ��l/ � ��� I i: t�. HM I � ` a �. - � a -� __ a --'\�' � \ � M � i �� i , or, oy � o:, � �i� a� . ..n���uw a-:�:: -s--�...�- � � � i ::•Ar � �rF! � "��.� Otl3 �V a . �... T � .. � � � O .. 7 N m� tl��c '. . -- - ---~..�" — � 1 i , ry�' d � n �� �� �Y 1"�M � e � � ,� �! h k «. e � r, ..• �4 �i l�, y w � 1 M � �� . h` 4 N _ � � �.e � W d` :9 `� , s a I__?� __ �_ _ ir.v�V_sin-� J.cl iW i3 �� � �z 0 z v� oa �w E-+ z U ' �� I 0 O U � I z � H � N �O 1 � � � t W N � , � N I WI � V� �i k+ � og � zw z �o �H O H � � N d � H G] a � _ �� � a� a' �w � � /� ii� / � w A � 1��. � � Sj • °. `': Z W �'\ �rr� h N � I ' r ��� I ORDINANCE N0. � � ' AN ORDINANCE UNDER SECTION 12.07 OF TEIE CITY CHARTER TO VACATE STREETS AND ALLEYS AND TO AMLND APPENDIR C OF Ti�; CITY CODE The Council of the City of Fridley do ordain as follaws: SECTION 1. For the vacation of the street described as a11 that part of Marshall Street lying North of 37th Avenue deacribed as follows: That portion of Marshall Street North of the North right of way line of 37th Avenue N.E. and South of the North line of the South Half � of the Southeast Quarter of Section 34, T-30, R-24, Anoka County, � be and ie hereby bacated. SECTION 2. The said vacation has been made in conformance with Minnesota Statutee and pursuant to Section 12.07 of the City Charter and Appendix C of City Code ahall be so amended. PASSED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY, THIS �� DAY OF ���� . 1970. � ATTEST: MAYOR - Jack 0. Kirkham ' CZTY CLERK - Marvin C. Brunsell Public Iiearing: Jaauar 13 1969 ' First Reading: / � 9� March 16, 1970 Second Reading: Publiah . . . : ' C� � l� �.� � . ' � �' � � ,�f'� � � �f ��� ;-,. .. .: _ _. .. � . f. ; � : I"�� , /'� 3 t`' ' , � � r � . 1 �� , `� �. / ---. � :,� � ,.. --___. __, �..� . � �; ( r._... . � C.) ' / � �"" � '�: ;� / %� � ; i �� . r , ` ^ � � t'� , �� � , ' � V� ' � ' � � ��,` ' ', � � s� • �� •i � d , � �� �yu ' ' _ � ,'r+ � - L� ,. ; , �j� t.� ' I .. . , ..,��' ,"J � � � ' M. � .� :':. J," r i �� J ! %� . (.� . � . V � y � O� �.ST.:r.� ' /�'iLJ'. `- ' /� � ' ��' ,Z i7C1.'> . � . � .. �n� rq..-l. .i ,.. ' �� . ._�_._�". .•... �.. . ----- � �=�-- - -- � . �;� :: -- . __ _- - -, . _. _ . � __ ! _ q : ;'i_; _� � - . _, f � � a� _���d,��:�.� 'i"� :i i•,,.,, ; 4 (.` `/ � 1 � 0 1 �Y � �� __ _ . _ ._ . � 9 ..� .. �'- - C ��:,J' � t .J � 1 . /�� l� D i '��� C� sr :� I, ! " _:o�- � ; U ; �+. �� - �' R :w � . f7�:ri %/i !'/7 � �i i { . ,� I 1 1r j ,� � �_ -r , � � !'i � ,'" ,,�' � � � � - ' �� " , �'� l:er/� �r.- I'.�n"F _ _� I YYy.>'_ J/.'f'-"'��� �� � ;s (�` . �i � � � , ' '�! �� . .F ' n '. s ., '. . ��" ��!`1 ' Pr. ' y'-�' ° � `�'�'• �-- , ( �� -- ---- - _ i � L � / `� � \ � ,^ ��D sTe�� _ � � ; e a'1P4 ��r � �r I � ; �� _ A G 1� 'r � O tJ i .` ! . � �`, ,' r 9•�'. � r~ . ' .. f ..._.. �,:� .. . . , . � ._. . _ - � ,o . _t � � - -. .. `• i L • - -- -_ _-- :i - -- -- - ------ --- - _. . o:.:-- ;•,,,. , . c,� ; � ..,,� � s�„s - - �- - --- - - °`' , -J �, . ' . ' � , �'`� •� � � � �� • . ' ,, ' ^, -. � � . !� ` , '` � � _.� ',, ,y ,." .,i _°ierc�GEC ,. _,.;�j � / , *��,�� �' � � �� �r �-! ' � .1 � qf - a . W r ` , r�. '�� :y � �l �. �, � � '� � t...,, ' . . /roi7 /fi�b -' . �`�' j h � �+ � ,' iJ7 . . � � � �' �'� �; " � _ � t. � � �. . '. , � . . `�r � � - ----- . _�'� ,� :� ': IIi ;� � �� . t_ .. �q� -- � --. � �-;;�i : •t�. :, •.* �� '�; \ ;''-j'� � . • w.;>.-• �_s'_ _� , ,I � �'fE �;1 ` .�°� ..........� , _}_ .....,..___.. --- -- '� .. . ~ °...,_�_. v . �'.�.�,... � �I '`�}' �r,'s,_�., � � ��_..{.� � - ---•. �-`!_„i*vti-+T 1"M!;�,q�.t�'� _ --'------------ � „ . .. . �, '.._--- - ..___ , � . { 4�.;,..� �/ �. --- : J. 4 � !/ •• i i � r' - ,-•. . _' _ . /� _ < � C . � '✓ .. . , , 4, i . ' , . . . . _...... .,......._..,... _. . ,* � ' � � . : �1 � r (� j -,'.. -� L," - ' / \ . . "' � `�',�`� ' ' `��� %�= ' � � , � .^.i C._! .�� � i�i �'�:7.._, .. ' -... __.� .,...,. Form �.o. 's 1 M. NIII�nD�.0 ��ry�r�cbe•s 4 C��rNf�HN, Aflnn�.nU L'a�loru� 1+w.1�e,�-►�� ��M1" M'ivn.. " �i�jig �1n�►ertture, M� t�,� .................................................... ....M..ay..... . �0 1 � � ' � ..day o� ............ , 19.......... , . ... ................. ... NORTH SUBURBAN SANITARY SEWER DIST T 1 �' betwte�r .......................... �G ....................................................................................... ........................................................................................................ ..... : '� � ' � LJ , t ' � ' ' LJ � ' d co b oration under the lawa of the State of............ M�:nnesot a CI�Y OF FRIDLEY .................................................., poa�ty of Eh.t first part, dnd .......�n�r�ic3pr�1" ...............................» .........................................................................................................:......................... a�orporataon undcr ihe lawa of th,e Stctte of..........Minnesota ....................................................................................................... party o f the aeoond part, ��� One and�tm ��¢� T�t the aaid a� o the rsi in oonstclercctcon of tlu aum of Nof100 �$1.00) and other r � �'_____________ __� ...... ... .. ............... ....values received-......................................................................'-�OLL.qRS . ........ ............ . ........... ....... . �- -- � to it in hand paid by the sa,i,d party of tir,e ateond part, the receipt wlureof ia lureby aeknowledgPd, does h�reby Grant, Bargdin, Quitalairr�, and Convcy unto fhe said pmrty of tha aeeond part, its aueccssora and assi�na, Foreatr, dll the traot............or pareel......... of land Zyin� and being in tTu County of ....................... .,...,Anoka ................a� Sta.ia of ✓iTin�aotct, described aa follows, Eawitr ............................................. An easement 66 feet in width for the sole purpose of maintaining therein t:�e water main, gas main and underground and overhead electric utilities now located within said 66 foot area over and across all that part of vacated Marshall Street Northeast lying between the North right of way line of 37th Ave. N.E. and the South line of Lot 36, Auditor's Subdivision No. 39. This easement is given and accepted on the condition that it is granted for maintenance of the aforedescribed existing utility services only and that nothing herein contained shall be construed as granting (i) any right to install additional utilities of any kind within said easement area or (ii) any other rights within said easement area. First party shall have the right at its sole option to relocate at its sole cost and expense and on its property any or all of the utility services above described provided that (i) services shall be provided by the relocated facility before the old facility is discontinued, (ii) the relocated facility shall conr�ect with the existing facility at or within first party's property line, (iii) such new f,acilities shall be constructed in a good and workmanlike manner and of acceptable quality materials and (iv) new easements of normal width and upon customary terms shall be granted for meintenence of the relocated facilitit�e. Upon completion of relocation of any of the aforedescribed utility services in conformity with the terms above stated or the voluntary removal thereof, this easement shall be null and void as to the services so removed or relocated and upon relocation in conformity with the terms above stated and/or voluntary removal of all such utility services this easement shall become null and void and upon this easement becoming null and void, the party of the second part shall furnish first party, its successors or assigns, with appropriate evidence that this easement is of no further force and effect, upon request of first party. THIS INSTRUMENT IS EXEMPT FROM STATE DEED TAX. �o �Abe anb to �oID ti�e �ame, To�atlur with ccll thc her�d j��ttt�t� �� ���rt��iunoea there- unto belon�ing or in an�wi,ae appertadntn}�, to the aaid party oj the aecond part, ita succe.esora aad aasi¢ns, Fortver. ' �� � � 1� i� ORDINANCE N0� � AN ORDINANCE UNDER SECTION 12.07 OF THE CITY CHARTER TO VACATE STREETS AND ALLEYS AND TO AMEND AYPENDIX C OF THE CITY CODE The Council of the City of Fridley do ordain as follows: SECTION 1. For the vacation of a street described as follows: All that portion of the street platted as James Street that lies Eas[ of Lot 6, Block 2, Pearson's First Addition and South of the North line extended Easterly of Lot 6, Block 2, Pearson's First Addition, Together with the turn around easement described as follows: that part of the Southwest quarter of the Southeast quarter of Section 3, Township 30, Range 24, Anoka County, Minnesota described as beginning at the Southeast corner of Pearson's First Addition; thence South 89° 58' 40" West along the South line of said Pearson's First Addi�ion 120 feet; thence South 18° 10' 35" East 120 feet; thence North 89° 58' 40" East 120 feet more or less to the South- westerly right of way line of the Great Northern Railway Co.; thence Northwesterly along said righ[ of way line to the point of beginning, �� � � .; ,� �� � r4 ,� All the drainage and utility easements that are located within the boundaries of Block 2, Pearson's First Addition, All located in the Southeast Quarter of Section 3, T-30, R-24, City of Fridley, County of Anoka, Minnesota, be and is hereb;� vacated . ' SECTION 2. The said vacation has been made in conformance with Minnesota Statutes and pursuant to Section 12.07 of the City Charter and Appendix C of the City Code � shall be so amended. ' � � ' PASSED BY THE CITY COUNCIL OF THE CITY OF FRIL�LEY THIS �` DAY 0 OF ��� , 196�9-. MAYOR - JACK 0. KIRKH�IM ATTEST: CITY CLERK - MARV,_T.P] C. BRUNSELL Public Hearing:November 10, 1969 ----, 1 Firs t Reading: �,Q;,.� , ,('�.�� Second Reading:�i Publish . .. . ' . � ' . � ' '� . � . _ SAV �Eu9-07 The Five Sands, Inc. � Vacatc� J�.rncs Strcet aiid ' • st�-eet lying E. of `.i] . 1�nd . W. �f I., l, B1. 2, Pearson's . lst Add, p � \ . jt/: �'- .... _ - i- ;A� '�• `' - � ��' �J, r, 1 Z �al.�'! \\ 1 _ .:� �:� � ; I .E � � .���,►: �;��,�;.I:��;.(:,�;;�::�:.(.;�: �:, . .1:: : � r�. i { � , , � ' � - � i.l. `.I. �1. :I. 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I \. ,� � ' , ,.� /'.•.\�' .• _ -----\__ �._ l�- �.�-�----'�^- •'^� I-.r� � • •�, � � • , . . - _. .. , �� : . � /.-+ �� ,. . L�-.-=_.X�L • � I r--. . c�.uw.��.a_�'c..�.da..� - _ . Form No. 31-M. ` NIIko-D�� C�. �...�,�,, �. _ _ _. �...a u.fr«�. e � �.n � � �� ,�n�enture M � � ade thit ......................................................day o�...........Ns�V�(Rb!'.�:..................., 196�.... ., betw�en .....GiTY:..QF..FB.�D.I.�,EX......a..Muz�.�.c:.i�Aa.l....Coz���a.kis�n ..................................... , .............................................................. ..... a carporatio� u�der thc ldwi of the State of ...............M.�xu�.��ct.Z,�......................................, Paa'til �r tht jtrit part, and 1 ..........5.....G,....�.EABSO.DI...C.Q.......J..I�C.,.....�...��nzz.e�ss�.t.a... C,ax.Dszx.a.t�,nm...... .......................................................................................... a oorporattort undtr thc iawt o� tlu 3ta�te ot.......Mi.zu�s.oLa ......................... PartZ/ u f Wte �eoond pa,rt, ........................................................... ............... ... ., ��hlt��tt�. TAat tha �id party of the �Erst pQa�t, in oonai,�ltration o� �1w �wm of .......................�I��...USi.Ir1�9,R..�N�?...OTHER GOOD AND VALUABLE...CONSIDERATION-----------�--- � ................... .............. ............... .................. ....................................... �. to it in ltund pa.id by the aaid pa.rty o� ths teaond pa.rE, t�a moeipt wliereo� ia lunby aak�owl�d doen hereby (3ran.t, Bar�a,i.;s, QuitolcZt,m, a�ed Convcy unto the w.id paa�ly v� the aeoo�d pa,r�, ttt � and asei,dni, Forcvsr, all the Erao�........... or pctroel...... ... of land lyinj anai bein� i�, tJu Cawnty oJ ................ ....._ ... ................. A. .�...... .. .......................and 3f,a.t.e of MinnuoEa. deaeribed aa follou�e, to-witl Tt�at part of ct�r �.�u:l�w� st ilu:;r,er of the ��u[heast Quar t�r .� �r, t iun 3, Township 30, Range 24, Anoka County, Minnesota described as beginning at the Southeast corner of Pearson's lst Addition; thence South 89°58'40" West along the South line of said Pearson's lst Addition 120 feet; thence South 18�10'35" East 120 feet; thence North 89°58'40" East 120 feet aore or less to the South- westerly righ[ of way line of the Great Northern Railway Co.; thence North- westerly along said right of way line to the point of beginning. It is the intention of the party of the first part to release to the party of the second part the easement for turnaround purposes in and over the above deacribed property created by a certain easement grant dated September 23, 1963, filed in the office of the Registrar of Titles of Anoka County, as Document No. 46268 on Certificate of Title No. 32140, on the 3rd day of February, 1964. � �� b`n� �nD M ��r '�1• �,ltlif ' lr!hir ���r�le , � . ' � . . . ' ' r � � F''nrin�r First p,. � the Deed• i��, of Minr;c�;; tc �� _ • � h� i�..<I �.. .. , ., . . . i q. 0 � • � - ;� State � ,r : : c:.�;veyancei "('I''��i:*PN '�lir{ �.• '� J/IJ .rr.(.'�1. ; � � i i /� � .- ��- ORDINANCE N0. AN ORDINANCE REGULATING BURNING, ADOPTING THE AIR POLLUTION REGULATIONS OF THE MINNESOTA POLLUTION CONTROL AGENCY BY REFERENCE; PROUIDING REQUIREMENTS FOR THE STORAGE AND COLLECTION OF REFUSE; AND PROVIDING PENALTIES FOR VIOLATIONS OF THE PROV'SIONS THEREOF, TME COUNCIL OF THE CITY OF FRIDLEY DO ORDAIN AS FOLLOWS: Adoption of Requlation by Reference Pursuant to Minnesota Statutes 1967, as amended, Section 471.62 Air Pollution Control Regulations and Ambient Air Quality Standards 1-15, inclusive, of the Minnesota Pollution Control Agency as adopted pursuant to Minnesota Statutes 1967,.Section 116.07, as filed with the Commissioner of Administration of the State of Minnesota on July 7, 196g, are hereby adopted by reference. Three copies of the Regulations shall be marked as offic.ial copies and fited for use and examination by the public in the office of the City Clerk. Burninq Permits Any person making application to the City for a burning permit as provided in the Regulations shall obtain approval from the Minnesota Pollution Control Agency prior to making application and shall then obtain the approval of the Fire Department and pay a fee of $50.00. Application forms shall be provided by the City Manager requesting any necessary information requested by the Manager. Burninq Prohibited No person shall cause, suffer, permit, or allow the burning of refuse, litter, grain, grass, growing crop, weeds, standing timer, buildings, combustible material or anything after the passas of this ordinance. Refuse Burninq Equipment Any person, firm or corporation presently using any refuse burning equipment which on the date of this ordinance does not meet the standards of this ordinance, are required to submit plans and specifications to bring such equipment into conformance with this ordinance, within 3 months after the effective date of the ordinance. Upon appr-oval of said plans and specifications, the owner shall have an additional 3 months to complete the modification of said equipment, or not later than January 1, 1971; whichever is the sooner. Auxi 1 iary Burner for Incinerators Wh�ere necessary to meet the emission requirements of the regulations, the City shall�require the installatiori of auxiliary combustion facilities in incinerators. � ." . .. � �. � .... 0 Refuse,pisposal in an Ao�rqved Landfill Site No person shall dispose of refuse, as defined in upon any lands in the City except on an approved landfill site. An approved landfill site is a site for disposal of refuse approved by the City, licensed by Anoka County in accordance with the provisions of Chapter 847 of the Minnesota Laws of 1969 and operated or conducted in accordance with the rules and regulations of the Pollution Control Agency as adopted in accordance with Minnesota Statutes 1967, Chapfier 116 as amended by Chapter 1046 of the Minnesota Laws of lg6g, Stora e of Refuse Al1 refuse shall be stored in containers as required by ordinance. Containers to be Ke t Covered A11 containers shall be kept tightly covered when refuse is stored therein. _ Penalt Any person violating this ordinance or the regulations incorporated by reference shall be guilty of a misdemeanor and subject to a fine of not exceeding $300.00 or imprisonment in the County Jail for a period not exceeding 90 days, with costs of prosecution in either case to be added. Such penalty may be imposed in addition to revocation or suspension of license, and in addition to abatement of a nuisance hereunder. Violation Continued More Than One Da Each day that a violation continues to exist shall constitute a separate violation. Unlawful Deposit This section incorporates by reference MS 609.74 pertaining to unlawful deposit of garbage, litter or like. Public Nuisance This section incorporates by reference MS 609.74 pertaining to public nuisance. PASSED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY, THIS of � , 1970. DAY AT"fEST: CITY CLERK - MARVIN C, BRUiJSELL First Reading: '�''. /�� /y��, Seconu� Reading; � �'"`—'-- Pu b 1 i s h: �'---°--- MAYOR - JACK 0, KI�KHAM � 1 � � � J t ORDINANCE N0. �� � AN ORDINANCE UNDER SECTION 12.07 OF THE CITY CHARTER TO VACATE STREETS ANll ALLEYS AND TO AMEND APPENDIX C OF THE CITY CODE The Council of the City of Fridley do ordain as follows: SECTION 1. For the vacation of the street described as follows: All that part of the Westerly 12.76 feet of the Southerly 150 feet of Lot 25, Auditor's Subdivision No. 92, All lying in the North 1/2 of Section 24, T-30, R-24, City of Fridley, County of Anoka, State of Minnesota. SECTION 2. The said vacation has been made in conformance with Minnesota Statutes and pursuant to Section 12.07 of the City Charter and Appendix C of the City Code shall be so amended. PASSED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY, THIS � DAY OF � 1970. � � MAYOR Jack 0. Kir am ATTEST: CITY CLERK Marvin C. Brunsell Public Hearing: April 13, 1970 First Reading: prl � Second Reading; ' Publish........ 2O � , 0 i 5392Q {,.� � d' ' i � e �•.., ...�., , r.� -----J�tss,lt u.ris�.�47----- � ' M.E. C0�9NER i „ ' � swu•. j i � / �. „' u SEC. I --.--_ _. . �0 �, � � �: � �` � _ 'd L'�'i ;--r:",-� `„ .. .c , , ,..�....«^ r � � � ` ., ;, � ` a i � j g ` �,� � '"'° RF.$T � e� ��i I 3 a ���o� �;: .. 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R . � t �, ' I W .., �`- REMAINING APPOINTMENTS TO BE MADE gy COUNCIL, MAy 18,1970 PRESENT I�MBER ats and Subdivisions - Streets Thomas Myhra 6360 Able Street N, g, Fridley, Minnesota 55421 man Relations Committee (15 Donald gatterson 6480 Riverview Terrace Fridley, Minnesota 55421 TERM EXPIREg APP-- �IN-T_EE Utilities 3 Yr. Term - 5 Members Section 40 12-31-69 rs - 3 Year Term 12-31-69 solution ��271_ i � .�� .. . . . . �*J A ANp HA'r�,' KVITZ LL� SMfTH, JU5'TER, FEtKE �- � �� ° � � HA � �j��.✓ ��'� � � � � _ ����f �*"� � ��' (J > � � r�OTA V �` �1� �� NE �,.r �.11NNEAp�gF,•pM R��LE,Y �_ „f/ / pG.. p 5 f./ ��W� OOUGLAS HqLL 5p.��TH . £ONARpY•JU£MA ,H£NR'� µLFHp5KV1T2 JpMES a' Cp55ERL~. MEMO T0: FROM: ureshi, Nashim Q 1.eonard T. Juster EXCHANGE BOF��CES�N' . ��Sp 6UPFDONE 339_t49� e�5402 May 15, 197� DAT� � Publ i c Roadway done PUrsuant t0 the H, Kusehke - the City must be ��e power in R�: Lorra�ne ides for exc1us by ordinance ub�i� roadWay b on prov a11eY5 and hear g of in Vacati°n of P Th�s sect Streets and tice �'- 07 o f Charter • e h� ghuta;� � members after no discon��four counc City would n0t Sectiol t0�vacate or �eas� oses by the the qrantor, coun� a vote of at ents roadWay pUrp from passed by erty owners. t for rior road easem of the easemen affected vacat.�on � holders of p 2� of �nai��dua effect r�ght KUSChke. Lorraine H• Sub- No. 88. �cate across ���' ��� Aud• rac� descr�bedof� namely for e Easement ����e '� e tMere RE: Drainag to t on the usag Sect�on hasUb�eCtuto aerestriction ursuant to ihe City done P of the ��ty �' 16094, � �ity must be ertY deed of Title No• urposessaid tract b.�orhsale of ,rea1 propissuance °f a pUblic dra}nage P �des author1z�ng the 2. pivestiture �hi�� pro� ordinanGe 06 of the Charter Sa�d 12 • ord�nbe� conveYea � urs, exclusive�Y erty to �e truly y � for ihe pr�p �. Leonard T . Jus�er �TJ:n1J cc: Homer Ankrum , ' ' ' , , � ' ' ' ' � , ' � � ' ' ' _ �t ,�. � R C� ;O : ]" :'R` '.T,.'i � JR!"J��' �� � �•, ,/�, . /� � .TR' ' fT. �1L LI' `,tl � \ ' i4 May 13, 197� The Aonorsble Mqor aad City Council City i�a�oa8�r City ot Fr�d1fY l�i.�l.ey, Minnssota 55�1 (3�ntlea�a: titioa f or yo�u' aPPY'�� °f i�teraal ��8�� �t�n This letter is our pe � tbe drarings sub- t.iie par']cin6 lot st Holiday Yille6� xorth sccords.ng�icstes p�'�ia6 lo�t nitted bsreMith. T� f sad the aecond draxing,' �d ��� �iC°`t.�� as it existe pr��eatly tbe chd�� which �re deeire to a4he. rro vish to i=pro�re tDe eritire bor�'Ltr ares along 5T� A'�'�aw, In sv�ry, vhich is rery difficnit to li.S. by res�ori.n8 sll oi the White ston�e, and replaat ia ite pr�Nat lueP � Plg� � seed or re- sod tiye �ntire e�t'e, coniiguration vith e�pproxiast.�lY 100 e�er6��• We furtl�r �►l.sh, bo�sv�er, to x�a� � 6�a ��i� �res �rithin t.lr p�'�ng lot � r�placing t.i�es vith coacrsts. Tl� pu='Poe� i� to aalce it �o=„e sight,lY � essier to �e�intsin. Ne Lsre found thet due to ine►deqnate �rster, salt, grise, eu�d oil lraa th,� suto�bilea, it is virtuslly i�P°eeible to keep tbeee e►�'�as ia 0 proper co�o�dition. TI� Planti�s �i� do exist aert�e �►� a�'ie! �i callect,� psper, c�r►s, bottles srrd ather debris. In s���6 �N� M�,11 mske tire lat easisr to �1� e�ore►te�aw�d� dirtiYi� e.lutt�l�"tl�st °si�ple � clean is better t We ho�pe you will e8ree sa� apPro�re our Petition. KH2 L Very siaoerely, SRICICSOU PbTROL�IIU CatPaRATIt� ���'� � % �- �v-C`� � � j : ' ` 1 �' ;f xreith Hol.enstot , �I , � LJ ' I�t. I�'r�d xloo�l�+�► ! rorts �t,t�c ��t Ca�P� �S! �st 11sls t� 1s�ss 1LL�a � � , �J � , , � ' � � � �q 11� 1l70 � �. �ldroa�a dodws+as�fuo�► �! 11q i, 19f0 s a l�tlaa as !o sdo!!�r ouac t+�l�� ���+ 1970 1r� ttw � as �tia�► p�etM �o !�e Qiq C�o�ra�']' is Z.rM A� +f�t� Ro��. 7i�s {�i blosk ot J+�a1�eo � �� �,��, �,�t l�n� sia� �6) l�rt �rtrt�t �t T� ��� ,�,a q� �1r�11L�s �, M,ar�. yanr r�lt.i�1+ +Mr�.liat "oNpl�"" em. ..tir. 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Q .�+� 1 , ..�-• a v �t �c8a) '• ' � ' � � ��— �� � � � , . �Yv, �►. � :/coc ie�zr/ Ff �aj .w�'• �I a ... ,4¢ � _a;,�a , ;,: - ' 60 . : j�/. /4; {� _ ' ; ii/ L 'j-- - + Y:-1��0_-%�;��`r -i�a«: 1 : ., ,t��-,2�_ �._..—��-•�a•-- � 14� //S� b �ER ' ' ' �� i SPECIAL PUBLIC HEAP.ING MEETING OF APRIL 13, 1970 DISCUSSION REGARDING DITCH IN MEADOWI.AND PARK: p1►GE 46 Councilman Breider said that he had received some coanplaints on this drainage ' d�tch and had asked the City Engineer to present a plan showing the intention of the City in this area, and also the Parks and Recreation Directoz to appear showing his proposed future development. The City Eng.i.ne�r said that this is much the same situation as with the Riedel property. This land was donated by the developer of the area. There is an existing stnrm sewer frcm 66th Avenue and from Kennaston Drive into the property, but a larqe portion of the drainage is by an Qpen ditch to 68th Avenue. The solution is expensive, it could be piped to Rice Creek. As a temporary solution he suqgested extending the pipe further to the east to allo� the Parks Department to deveiop a la�rg�r portion of th� land. This would eliminate much of the hazard to the small�children. There would then be a fence alonq the remaining ditch. This whole area used to b� a awamp, �ut it vaas cleared by the Parks Department and an open ditch put in to reclaim sane•of the land, so now it is land that �an be used. The water cannot�.be piped all the �ray because the outlet is too high. At the east end it is a retainage basin with a fluctuating level. The total fall is less than 1 foot. In some instances the pipe would be buried just under the ground, which rrould cause trouble in the spring with freezinq. The pipe would then drain slower than the open ditch. This is not the recomanended solution but is suggested as an alternate for the Council to consider. The ultimate sol-uticn� wauid be the total storm sewer system. The City Manaqer added that at.the east end there w�ould then be an open ditch with the ponding on Lot 8. Mayor Kirkham asked if this would not be the same problem as with the Riedel property. The City would be channeling the water onto land it does not own. The pairks and Recreation Director said that the City does have an easement throuqh there. The City Engineer said that there is $10,000 budgetted for this work. He suggested that as much work as can be done, be done, until the money is gone. Councilman Harris pointed out that until the park is dry, it would not be used much anyhow. The City Engineer said that it would still be a hazard to small children. The City Manager said that the pipe would take the majority of the water out of the area. Councilman Liebl asked what was done in past years re- garding the fence. The Parks and Recreation Director said that they went over this piece of property and cleared it of brush and debris, some of which was still from the 1965 tornado. This turned the area into an open ditch that was not ob- vious to the people previously, although the children playing in the area knew it was there. The south sewer line into the park has been there for some time, but the orie from Kennaston Drive was extended to cover the portion of the open ditch last year. Councilman Liebl asked if by grading the land could better drainage be accomplished. The Parks and Recreation Director said that it would help very little. There is too littZe fall. He said that they were going to try to get it ready to seed and get some turf growing to make it an attractive park. He said that there is money in the budget for the improvement of this park. Last year some apparatus was puzchased. "Councilman Liebl suggested turning over sqme of the money out of the liquor fund to help on this project. Cquncilman Harris said that it was �not entirely a�tter of the ditch, there would still be an open ponding area;. He asked how much the total improvement would cost. The City Engineer said�'between $50,000 to $60,000 for the total pr�pject, excluding tt�e work in the �ark. Councilman Harris said that two or th�ee years from n�w the project .�:+ go in. The City Engineer �aid that the � _. � ' � ' ' ' ' C�, ' , ' ' ' ' SPECIAL PUBLIC HEARING MEETING OF APRIL 13, 1970 p� 4� work would not be wasted, the pipe could be salvaged. There would be under the snggested proposal about 140' of open ponding area in the park land. Councilman Harris felt that the Council shnuld proceed to put in the pipe as outlined and fence the remmining portion with cyclone fencing. The City Engineer aaid that Lot 8 is private property. He did not believe that there could be any fencing on private property. Councilman Harris said that the City could not be totally responsible for the deficiencies of other property. The people want a safe and usable park. Mrs. R.J. Kremer, 920 Overton Drive N.E., said that they have a three year old boy and is concerned for his safety. There was one little boy found by the ditch last year. Mr: Lewis Marshall, 981 Overton said that this is a biq temptation to the children in the neighborhood. The bigger children play oa the dunes in Lot 8 and the younger ones naturally want to follo�r. He said that the parents try to watch their children, but occasionally they do take oft. Mayor Kirkham asked hcw wide the easement is on Lot S. The Parks and R�creatioa Director said that it was 30' wide and the ditch is about 6' wide. The problem stems from the fact that the lay of the land is so level. The pee8 thatdthe very shallow and at some point� would be nearly exposed. He agr pern►anent solution would be the best. Councilman Harris asked what area would be in the storm sewer district and the City Engineer showed the area on the screen. He said that over the years the property has been gradually improved and he thought that it was better than the people had before. The Parks and Recreation Director said that the ditch is no�w being temporarily fenced off with snow fence and it will soon be done. The v/ork ia being done by the Public Works Department. This has been done to try to offset the natural hazard of the open ditch. He pointed out that Lot 8 seeans to have more attratction to the children in the area due to the rouqh terrain. Mrs. Kremer said that a better fence is needed. The children just push the fence over now. Mr. Don Bratt said that he lives north of the park and he has had a problem with the blowing sand. He said that he hoped that it would be seeded soon. He asked if Lot 8 was owned by a church group. A member of the audience answered that it was owned by the Michael Servitus Unitarian Church. The Parks and Recreation Directos said as to the blowing sand, the contract was let last year for the seeding and will soon be taken care of. They will be seeding the westerly end of the park, and fran there, it will depend on the decision tonight. Councilman Harris said that he had no objection to proceding with the proposal. Mayor Kirkham said that this would be all right, but it really would not solve anything. A member of the audience asked what was going to be done with Lot 8. The City Attorney answered that the City cannot spend public funds on private property. The City Engineer added that the ditch was dng throuqh Lot 8 because the City does have an easement. Mayor Kirkham said that it would see that this proposal would make the situation worse on Lot 8, and the City does n t have the right to fence that. Councilman Liebl wondered if there was any chanc of the owners of Lot 8 donating the land. Councilman Breider asked how the City could get a fence on Lot 8 and the City Attorney said by condemnation, or � if they would donate the land. He said that it could possibly be done with an easement using the public safety as the reason. The City Engineer pointed out '; that the snow fence wauld give a false sense of security. Chain link fence is ' very expensive. �� :PECIAL PUnLIL HFrARING Mt:ETii�G OF APRIL 13, 1970 p�t"s� 48 � Mr. Ken McLellan, 6749 Kenn�►ston Drive N.E., said that if the banks could be graded down, this shouid help. They act ae a maqnet to the smell childz�en. , The City Engineer said that something could be done about thia. Mr. McLellan s�id that he would lika to see this developed, he felt that it Mould be sd- vantageous to his property. He said that he would lika to have a public hearinq on the proposed atorm sewar. The City Engineer pointed out thst the ' people living by the park are only a smnll portion of the people that w�ould be aasessed for storm sewer. Mr. McLellan said that thia is about the only park in the neighborhood. The City Enqineer said that if he would like to start the ' petition, he could qot the assessment area fran City Hall. Counail�nan Breider pointed out that with the storm sewer installed, the park could be developed more fully. , The Parkg and Recreation Director ahowed a model plan for Meadowlar►8s Park. H� said that this wae not an approved plan as yet. The core part o! the park is in the drainaqe area. This park would have been taken care of by the bond isaue ' which failed. He aaid that anyone wiahing to examine the model cloaer ia welcome to come to the City Hall► to the lower level. Mayor Kirkham askad if there was anyone presant that wo�uld like to start the petition for the storm sewer, with the thought that when this is 8one the development of th� paric could proaede. Mr. McLellan asked if there would be cost estimatea prepared. Mayor Kirkham said yea, with the thouqht in mind that they would be just thatj estimates. Mr. Don Bratt and Mr. Ken McLellan volunteerad to contact the City Enqinesr on startinq a petiti�n. Councilman Harris commented that the reaction tanrard the storm sewer has been favorable toniqht. He said that the costs havs b�an goinq up continuously and if this projoct can be done, tine. The Council could then hold a Public Hearing, but first they would like a favorable expresaion of the people, before the time and exper,se of preparinq cost estimates is gone throuqh. Mayor Kirkham asked the City Attorney to look into the intantion of the owners of Lot 8, to see if there is a poesibility that they will donate the land. Councilman Breider thanked the people in the audience and the Parks and Recreation Director for coming tonight. CONSIDERATZON OF BUILDING PERMIT FOR DOUBLE BUNGALOW IN HYDE PARK: The City Engineer said that he would like to ask the Council what they aould like done with a building permit application that was received by the Buildinq Inspection office. !is said that this was not on the Agenda, but the men were present in the audience. The zoning is proper and the application meets all the Code requirements. The only question is if the Council wants to hold up oa all buildinq in Hyde Park until the problems are resolved. He said that he has told the applicants oi the propossal sa that they cannot come back in two years and say, why were they not told of the other plans. Councilman Liebl said that this was not on the Aqenda and he felt that thera ehould be a full Council present. Mayor Kirkham said that this is CounciLnan Lieb1's right, to decline to put it on the Agenda, and if not the full consent of the Council, it cannot be put on. Councilman Liebl said that it should be on the Agenda for the next reqular meeting night, and that all information should be in by Wednesday noon prec�ding the Council meeting. Councilmari Harris questioned how the City could refuse a building permit if he meets all the �:i �' � COMST4CK &' DAVIS, INC. 14N COUNN ROAD "�" MINNEAPOLI6 � MINNE80TA Ss492 TEL.: BUes�t 4-l34e CONSULiitUG ENGINEERS April 23, 1970 J �84• ���8 - rlr. Clarence Fosse 1367 - 73rd Avenue, N.F.. Minneapolis, ?��innesota Dear bir. Fosse, Enclosed you will please find copies of the survey that we made for you. You will note that by splitting the original lot into two e�ual 70 foot lots that the house is only 4.G feet, at its closest point, f rom the new west line of that lot. I believe you nentioned that you were sup- posed to be 7-1/2 feet from the line. However, if the line were to be shifted 3 feet to the west that would make the west lot only 67 feet wide. If it is necessary that you must be 7-1/2 feet off of. the line, we will move the irons and issue new certificates shoiaing the new alignment. Please call us if this has to be done. WSL/pmp Encls. 0 � COMST�CK & DAVIS, I�'1�- By --- R.L.S. � William S. Loye, Minn. ^eg. ro. 6787 . alI �0 J 1� Ld? SflR�'xT i 80R1aE LOCATIO'� �� zo ■ gURVET POS � i�. � r � ' . ( � : __ v � CITX 0� FRIDL�T ♦tfD. Rtlf . i40. 129 , A1tOKA OOt�1'!t �. CLJ�1tgt1C8 lOSSE 1967 73RD AV8r13B, K.t. �� -- -. ___ ....._ _.__ _--. .._ __ �---.__ ��-- ` � i � � ' ,l� ks ... � b . 1 2 _�. i T! . !' �^ t _, r �.�,Y . , . , ,�_ (•, N y�,,w - ,�, .y � ' �� ., � ,� ., � , , ''� .. __ � .:1... __.. � *. � , �1 - __ �. _ I(� •,� � . . . � � _ -�, � � � i � �, i I � r� �1 y ' '� i, J�� 1 � ��. .�;' "If. � �'�;. � , � , - '� : ! De�criptiosis• ib� Ba�t 70 te�t ot Lot 20� Auditor's Subdivi�ioa No. 129. Anoka Co�ty. Cit� oi lhridlh. Minatsota; �ob��ct to sasa�nt tos ro�. I h�r�►7r e�ttitp tbat tbis surrhr Ma� made usd�da� �h�ela�►�oi�th�is ats o� at I � a dal� authotiud lt�=i�tar�d. Laad Sasvh► �sota. . Dat�t Apti! Z3. 1970 �� � ' - ��` `.i . ' A ��, ` _ ,�._ )`i/ �..-'. �/ ,[. �'� 1 . '� ;'':..� Wi imt 8. Lo�s, R.L.S. ltina. 1�os. lb. 6756 L� � 31 A ' ____..__.._. .__.._ _ . 1 � . i��o' � � � � N � 1 1 � , ' � 0 � . � -- � � � 1 � - 70 - --�-------'° � ----� L.S. �70-03 , � � L�. 20 A. S . #129 Clarence Fosse . _ , , .:• ,. _ _7'3.rd_ _Ave _N�'.___ ■ � 1 . 1 , �.1 3� 0 pAGE 11 REGULAR COUNCIL MEETING OF APRII, 2�� 1970 c,ial use permit. Tbe City Couacilman Sheridan asked if th�s would_be a�pe' the r uirement would � if this was a new buildin9. e4 Engineer said that rioacmallY t of buainess he suqqested M-1 zoning. In this case since it is a temporary YPe In this vray the that a temporary perait be issued to be renewable every Ye�• Council could revoke i� or addti�coSWe�BOasisfhavin9 d.ifficultyuin$fiAan�iAq his He said that he understood th e of operation. devslopment. There axe no Code requirements to cover this typ CounciLnan Liebl said that if iasked about thegacces�enandlifbitWwouldhbeeoff objection. Councilman Breider ��tique shop. The City EnQineer Osborne Road. Mr. Sv+enson said yes, right He �gid �at the property has been then showed tY►e property on the plat map. rezoned and when the financing is available, Mr• Swenson plans on cleaning uP �e area and buildinq a new building. MOTION by Councilman Breider to grant the permit on renewed every year. Seconded by Councilman Liebl. aye, Mayor Kirkham declared ttie motion carried. OF THE PLAAiN1ID1G COMMISS the condition that it is Upon a voice vote, all votinq OF ABRIL 8, 1970: RECEIVING 'rtsr,. rrii.v.�.� - � 1, LOT. SPLIT RE UEST: L.S. #70-03 CLARENCE FOS5E: L°t 20'��a Sieve p��vision 1}129. To split foz residential site. Represented by MaY Appolo Ftealty . The City Engineer explained that �ls pianni gCCommission1Minutes oterthat8there to split it into two equal lots. The 7 fset from the new is a variance needed al�o because the house would be only �S lot split line. He said that alsos�ofCCe tralsAvenuebeandatt►etfr°n aqe would be platted property on 73rd Avenue ea 70' rather than 75' creating two parcels 70' X 150'• a lrovallof�the ot plit requirement. Planning Commissi.on recommendc granting pP and qrantinq the variance so the house would not be more than 7�i feet from the new lOt Split line. A R�epresentative of the applicant in the to believe that the houae maY be about 9' than the 7�i �set atipulated. The eurvey ie R-1 and the property behind thi� Councilmari Sheridan asked how muah access feet. audiancQ. 9aid that' the�o ��y�ineerather or 10 fram �e �w P p is not completed yet. The City En9ineer said.�tha►t the zoning property has acceas on the wsst side. and the City Engineer aaswered about 60 Councilman Liebl queationed if this variance �hould bs acted on by the Council at this time or ahould it go back to the Board of Appeala- The City Attorneyinted replied that he had talked to the Engineerinq Assistant about this. He p°c�is��on. out that the Chairman of the Board of Appeals is a member.o£ t1'►e pl�� eculiax He felt that it could be handled either way, unleas there ig SOi°e stion becomes to the case. In this instance it ie a simple vaxiance �d �e �val by t1ie redundant. Councilman Liebl pointed out that the motion for app Planninq Commission carried unanimously. l�TION by Councilman Liebl to con�u�r�i�larenceC�'oosseaaa�dnao°� �CeatoiSllow the Commiseion and qrant a lot split � ���pn�g by Councilman house to be a minimtun of 7�i' from the new propert�► 1���, ���� tion Breider. Upon a voice vote, all vot�nq a�e. Ma,Yoz l�rk�'�} �e� �� � ' �. carried. •- ` ' 33 { � �•f ;� i� r�l.i �: y �J'• j• • ' � : :' � P.S. �68-Ob �g --' • .: ����' •' �� 1 __ .._ .. -,r:,• ; , � � 464' of L. S, A.S. �1 � , �,( �� �0;. ,. t. l N . v i, � , ;,. . �'- • Thos. E. Marxen �:.••.,J � � �� �.. , ` � .'� , � . I�� f�. , j,{ � '� ' °, ;�.." � ,` . � `- .. � <.. �' .�= .,,: /� �� .., . . ., _ •,, , _�--�----_.— . C \ �. _ JJS_ � � � i� . . �_Y_ . . , � , . . . `� � � • . ('�` � ^ , jl . � -'� � •f' � � ` . , � . _ . . ± � � •, • II � " � \ _� I 2 i , � �. 2 / -1 a �-- � ` �� •' � •: -1 0 ' - ' �' ,. ► ,.•,� ; � . -.- /3 � .� (� �' ��'•. Q , .,,, � . . . �(-• ^' � .%'.• ,���� i ,.• ` • , �' t�-` ! --- •- - ; � ; • . , ��" ��f. ..•� . � ; "i:: ' . O i�'� (� '+ . "r , �� .� ' .' � � ' ., `, � O V,� �, �1 �Z � . , , � P � � 1 k if,%s •. •� � �' � � r � :���:. �� �� .; - � ___:..._ _ _ -� �-:--: :--: --� � - N.E:-- � - :� �.. 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J: y ��fl �U � � .I� � - " . . ! � y ' 4 � �� '.�� i�� '' : .°l, _�;� } .� �3 �:►�j � ���.�h�� ,�,, ;�coJ � —. . �, jt /�`t,�-A:,� . � _ .:�� .. � Nl_.-- , .•• , . 1 1. . �� �� `14 � � . :,.,`,, � 6 ; .. . : �„� . - J ; /� ; 6 � � n\ • � - /!' - -- - � � C'+� ;; � . . , ' . � ' ' ' v : `,/ • ` 7 � ��! � ��, . : �f- . ,l:.,,�•._._..t;.�_.1 � • _ •-,�'�%• , �- : �1���.��, ^ ;._;::- • 5 4 3 ��• ., "; y+ �d� 4 - O• � , i a�►,,►,�/� • • .. - „ � ; E � i� 9 v �. �O•,�, L �j,�'�r,a�� I i ; ° ' ` � 9 � � � �• �, �ti � ,I,�ilJS� . . • ,� :�,� I • J) ,� ` �� � , �: . :� j� ' l�+� � f •�'`i. c�'. � �I:. •� ,r �. y.' e • / ' �� , � ; � , , �. . '� . � ( ' �., f i �;� i�g ^i o• . I � � ' -• --- ����•i!�l:�:�.:'!'1�'-- ' -�� ^��...i �-�—' �l:iT"'y�l i%! Tft CET ,. .. � , .' ��o i.c �l� � I ( I � ;s�.� ; ` �._-�.; 'ar",' 2 � ^ .7 rI� � AUD. _L._ . :� ;dro� L �...� � i ; - ��_�' ._. _.... __.-- � -� - ' 26 =� 28' --- �- .,;: , • , ~ � , j�. .^.� � '�i , .w.-,� .: ,T 3 = �'-Q'°' � i o � _ � ,= . �•;;'� ' . . _ _ _. , I . ,. (rtiro� � � .� � ` 4 3 5' � yZ : 6 � ( 1 � ,' - = - =` - r" 30 y. ,� ., � . , � ' �' s �: � ,. . 9 ���:«� SU8 . , . . ;: :"�.t -:::�•.`- I - -. -. _. �o ••`• •'/ ' , . .� �� �,;,w; �(id9�� �e j :i.�i � (fl:; f �r'�r•. ? 5 �► 2? i 29 N 0. I 2 9, �� � p; I I '' ` ' I o �r�+�i ;, %i o: i o � � ' ' �� ► � , , f .,• � • • _ _�!.',� '„r.`.- .. . � srs - - - - - �- -' - - - -- --- -•- ' ---- -' •— -� -�- � . . 73RD-..___.�AVE�.---N:E. - _._.._ _ - . �� � . . �� I ' I ' �� _ + �_ /� 0 � � � / � '�. .. ���% /�� I y `�• I���-��vp w. �1�JU�ilS����; ,, a . ,... i ,���� �, „�:,,, ; ?', � SP$CZAL PtJ�L'IC HEARIDiG MSETING OF DaCE1�ER 9, 1968 Pll� 9 _ . a... � �� Anoth� resid�nt asked if thay would lo�� th� trMS iA �hf boulevard. Th• City Bnginoor aaid that if it f� a Stat�•�fd s.trNt, th0a• will be raplaced with saall tsNa. If �t -1• to b� a r��ideutial stroet, they will not b� r�plac�d. � - Councila�an Liebl aaid that if rhe �tr�t is only 36' �rid�, apd th�x'• is a car parksd on each aide, it would mak. it too na�crvw to Mn�uvet . Thsra will probably bt arzothsr apartrrft hous� in thia �rea ir� the future. He said �hat h� did nat want tb�»� aa�M people to couw back in iive years eaaplaininq thaL tAeis stteat is too narrvw. He referred to th� City Enqi��t's stat�nto that they would have no�chinq to lo��, and would D� galai�q a better street. 140TIODI by Cc>unc ilman Harris to 8treet Improvsment Project St. Llsbl. Upon a voice voLe, all decla�od th• mot ion carr ied. ,.. c � os• the lybl ic HM�r ipg . Oa 196�-1. ��cond�d by CpusCil�n v ot i nq ay e, May or l�irkj�as Mayos Kirkham called at 10 minute recass at 10:00 P.M. :. 'f;�j$,��?ION OF PROPOSIiQ PINl�L PIJtT. P.A. �M68�06. ��:� � . . s . �c Mayor Kirkham r�ad the Public Heari.nq notice to ths �ttd3�ele�. T'h• City $riginoer said that this reqa��at is foz prop�cty abttt�inq O�rsondaga Str�et on th• north . fie ssl,d titat ths Plaeinit� do�iae itu� reco�aan8�d approval of th ia r�uo�t . it� �ocplairad t� %'#.h� �"lots iacinq G�ondaga u� t.ha only lot� tbat��rl11 b• d�wlap�d �t this tinN, and that th�y ar� o�ly 66 • wi�e, b�tt t2sat Nrr �lal�Ml Kia b� tsYing to buy �a�d to th• �aat and v�t ta b�'#uq 1�I�a � to 7S' .!!� said �that e� total squar• lootsg� is �d�qwEi. Cour�oilw�a sa�wlao� aaic�d ii h� bad ae� pla� !ar t� �!c lot�. � C��r #wgi�r •aid ao, only ths lrait two lot�. M��-�aLd �t2�at tb� pla�nt�q Cawi�aton did not fe�l thst Ilcicinl�y �tt�b so�ild ' �v�c' b� �ae�d�d tAsa�h ttiid area to 7�sd 11v�nt�. tbt�ilQtli� Flax'sis •�id that h� aesumsd that th• eul-d�-sac wo�ld a�'v� th� baak lo�s lata . S� City 6nqine�r said yas. Maycac Ki�t1� . wc��i it this would aot be s�ttio� i p��a�d�nt by l�ttl�q AlA dw�lcrp 66' lot�, +urd aak�d why Lot ? ccntl� aot bs �plit i11to 66'� lot• also. •Co�tncils�►n Samu.l�an said tAat th� s�tb�ck tso� th• coacnuc would prevent this. Th� City Brgine�r point�d ont i , ' 3 1 =-= � �' , , , ' ' , ' � , , 3y0 T�ijt Street NorthPUSt • Minneapolis, Minn. 55y13 • Telephones: J:r1-9/�U7, s31-9474 r�y i3, i9�o City of Fridley F;nqin�-��;�inK iie�artment 6431 University Avenue N.E. Fridley, Minnesota Attn: Mr. Darrel Clark Re: S-1/2 of the E 1/2 of Lot 4, Block 2, Flanerys' Oakland Addn. Anoka County Propose� 18 Unit Apartment Building Dear Sir: The City Engineer has suggesCed we install a storm drain at the Northeast corner of said site and install a storm sewer North along the East boundary line between lots 22 and 24 to a manhole on Onondaga Street. We respectfully request permission from the City of Fridley to hook-up to the manhole suggested and that the City obtain permission from the interested property owners for us to install said sewer pipe. Your prompt consideration of th#s along with approval of the plans and issuance of a permit is appreciated, it is im- perative this building be started as soon as possible. Respectfully submitted, ' MIDWEST MECHANI(;AL SERVICES, INC. ', t �; - i , Mike J. Elnicky , ' , � M1NUT`ES OF REGULAR PARKS AND RECREATION COMMISSION'MEETING, APRIL 27, 1970. Meeting was called to order at 7:35 P.M. by Chairman Fitzpatrick. MEMBERS PRESENT: Fitzpatrick, Ash, Novitsky, Olson. MEMBERS ABSENT: Blair. OTHERS PRESENT: Marles Geiser, 5325 Altura, 560-3186, Altura Park. Mrs. T. L. Crosgrove, 5336 Altura Road, 560-4660, Altura Park. Mrs. Ronald Ranem, 5378 Altura Road, 560-5339, Altura Park. Mrs. Paul Corbett, 5367 Altura Road, 560-2390, Altuxa Park. Mr. Ronald Ranem, 5378 Altura Road, 560-5339, Altura Park. Mr. Paul Corbett, 5367 Altura Road, 560-2390, Altura Park. Mr. Terry Crosgrove, 5336 Altura Road, 560-4660, Altura Park. Mrs. Walter Campbell, 5432 Altura Road, 560-7867, Altura Park. Mrs. Thomas B. Wallters, 5417 Altura Road, 560-1258, Altura Park. Mrs. Robert King, 5398 Altura Road, 560-5178, Altura Park. Mr. Fred Moen, 5408 Altura Road, 560-2352, Altura Park. Mr. Ed Braddock, 4201 Drew Avenue South, 824-1171, Park Consultant. Mr. Paul Brown, Director of Parks and Recreation. MINUTES OF THE REGULAR MEETING OF MARCH 16, 1970. MOTION by Ash, Seconded by Olson, to accept the Minutes of the Regular Meeting of March 16, 1970. The Motion carried. CONA4ISSION REVIEWAL FOR NEW MEMBERS. Chairman Fitzpatrick asked the new Commissioners if they had any questions about the literature they'd been given in regard to the past procedure of the Parks and Recreation Commission. Mr. Olson questioned the F.Y.F.A.'s request for a Football Coordinator. He asked if it'd be possible to hire one person to handle both football and hockey? Mr. Brown said it was a possibility, but that there was always a problem in financing one. _ CITIZENS FROM ALTURA PARK. A citizens group from the Altura Park area was present to inquire about the ball playing in the park. Mrs. Wallters stated that the park really wasn't large enough for ball playing and that many times the balls ended up in her yard. She said that on one occasion, a ball had hit her little girl �aho was playing in the front yard. She requested that signs be posted stating that baseball playing was prohibited in the park. She also stated that the grass was all gone and there was quite a bit of litter in the area. Mr. Brown stated that the Parks and Recreation Department has spent a great deal of time and money on sod and apparatus for Altura Park and in return, thexe has been a lot of vandalism. The signs are repainted, the basketball ring is bent and the nets have been stolen. It's difficult to dicipline the children because as soon as the police leave, the vandals are back. �� % Mr. Fitzpatri.ck said that the Park was never intended for baseball, but the children have to play somewhere. Mr. Brown said that the neighbors need to cooperate. They should explain to their own children and other parents not present what the problems are in the hope that they can solve their own problems throuoh neighborhood cooperation. As soon as signs are posted, they're destroyed. Mr. Fitzpatrick suggestecl that signs be posted as a mearls of preventing ball playing. a Minutes of Regular Meeti April 27, 1970 PaQe 2 ��� ALTURA PARK (con't): Mr. Brown said that the Parks and Recreation Department will post signs stating "NO BASEBALL GAMES ALLO�'VED." Mr. Olson suggested that the planting of trees in direct line of Wa�ternsey Mruld be hitting the balls would break up the diamond and ball playing p Olson felt that this would be the quiet way and the permanent way to discourage ball playing in the park. RIVERVIEW HEIGE[TS PROPGRTY Mr. Ed Braddock, Park Consultant, was present to discuss the possibilities of developing Chases Island. tHWideateAboutthalf oflitdistfrom SStoPlO�feettabove 2000 feet long and 300 fee the low water elevation, but the sides are easily flooded in the Spring. The higher area could be used for picnic facilities and the lower areas for the entrance. There could be a M�ordin1ftohthe�Statendduerto thegdeptht butoating areas or docks are no good a S dredging would correct this. The problem here is financial, according to Mr. Fitzpatrick, who stated that our budget is taken up bThiseleavesalittleefortdevelopment oflnew1parksthe Parks we already have. Mr. Braddock said that a channel, Purnamllslandtis a�reatly acrosshfromrChases� occasionally divides the island • Island and there is some fast water between the two. Purnam Island is owned by N.S.P. Mr. Braddock suggested that different types of trees and bushes be planted. The north end could be developed into a nature center and wild life and bird sanctuary. The south end could be a picnic and play area. Mr. Novitsky asked'if there'd be much clean-up each Spring after the Spring flooding? Mr. Braddock answered that probably once in every five to ten years, it'd involve an extra amount of clean-up. Mr. Brown pointed out thichtwouldWinvolve�theauseyof heavy equipmentnlw uld expense for clean-up, wh be �{uite costly. Mr. Brown also stated that many people do explore the island, but it's too messy for picnicing at this time. CHASES ISLAND. Mr. Fitzpatrick stated that the first step would be clean-up. Mr. Olson asked if there wereWaneO�iemknow it�s thereensTheMe israwtemporaryed that there weren't because fe p p road there already, which was used for debris clean-up after the last flood. Mr. Braddock said that there are more possibilities for developing a Marina on Chases Island than in the Riverview Heights area because of the harbor area which could.be built at the south end and also, the interest of the people in the neighhoring areas. Mr. Novitsky fclt that there ��er� maiiy people who use the river for boating. 0 , ' ' ' ' , , , ' Minutes of Regular Meeting, A ril 27, 1970 � Paee 3 ,`�: � CHASES ISLAND (con't): Fitz atrick asked how safe it'd be for children. Mr. Braddock said that Mr. P ou have a potential hazard. Fencing was ruled out, but like any stream flow, y Mr. Braddock didn't feel that flooding clean-up was felt to be necessara'area. would tear up the asphalt landino The Commission agreed to give the development of Chases Island their consideration. 6�, 7 YEAR OLD RULE. arks and Recreation Department's Rule in the past in regard to the parents The P states that one parent must accompanying theix children on field trips, Mr. Brown accom any one family to an event. TheeD�p�aa�tend because of itls ruling cessar . p children were unabl too rigid and many reed that it was ne suggested a revision of the rule and the Commission ag N b Olson, Seconded by Ash, for one adult, lOth grade in High School MOTIO Y ear old children from two families. The minimum, to accompany all 6�, 7 Y Motion carried. -� METROPOLITAN PARK BOARD MEETING, APRIL 29� 19�0. atrick asked if someone from the CommasMT�nNovitskyesai dethataheeddtry. Mr. Fitzp the meeting of the Metropolitan Park Board, an LETTER FROM TERRY KIRKHAM. with copies to the members of the - Terry Kirkham sent a letter to Paul Brown, p P er which has been used ears. Mr. Bro�an felt that the price was fair Commission, in regard to the selling of the corn o at Moore Lake Beach in past y and since the Commission will be maintaining the stand for the coming seaso , it'd be a worthwhile investment. ro osal to buy the popper MOTION by Olson, Seconded by Novitsky, to accept the p P for $150.00. The Motion carried. � � ' �� MONTHLY WORKS PROGRESS REPORT AND MEMORANDUI�'1' � Re ort and Memorandum be put on a Much of the information is repetitus Mr. Brown requested that the Work Progress quarterly basis instead of monthly. ress for the Season's activities. and a quarterly report would give the prog Ash Seconded by Novitsky, to accept the Work PTOgrThe Mo �on carried. MOTION by � MemoraYidum on a quarterly basis instead of a monthly basis. ELECCION OF VICF. CI-IAI_ KMAN _ Th e election of the Vice Chairmaii was P°etunableutolattend.ay meeting because all of the members of the Commission wer TAX DI:LIhQU1:�T PROPI:RTICS. . lOWll to map ou� �j}� del iT1ctuent areas . i Tax Delinc�uent Propext.ies were disBussed briefly, but no C011CIUS10IlS wer drawn. b1r. Fitzpatrick askea N1i • , , , ,,�:.,,,ro� nf R2 � ,�,�,.�.-__ � CJ r e 4 ar Meetina, April 27, 1970 LETTER IN REGARD TO LAND ON IRONTON AND HUGO. The Commission discussed briefly, a Memo from the City Manager, in regard to a call he'd received from Mrs. Florence Swanson, 3254 Arthur Street N.E. Mrs. Swanson owns a lot between Ironton and Hugo, which she'd like to sell to the City. MOTION by Ash, Seconded by Novitsky, to send a letter to Mrs. Swanson, indicating that at the present time, her lot doesn't fit our plan or park development. GENERAL DISCUSSION. Mr. Brown stated that the City Manager had received a request to move the slide in Logan Park, to a shaded, grassy area. g p in an Mr. Brown asked the Commission mofb�he problemshwhicheariseneasapossible. added effort to correct as ma y Mr. Fitzpatrick xeminded the Commissione�hat our best communication with the City Council is a well thought out budg �e meeting Mr. Brown suggested that the Commission t1970tha�P7r30pa�mertand will involve was set up for Saturday morning, 1��aY 23� breakfast and a tour of the parks. �I ADJOURNMENT. b �lovitsky Seconded by Olson, to adjourn the meeting at 10:30 P•Nt• MOTION y 1 � will be held on Monday, May 25, 1970, at 7:30 P•M• The next regular meeting We have a newer, la-rger area to meet in the lower level of Civic Center. in which is now finished. Respectfully submitted, ;-� `; ; �,f'f{ � �r-'.r�r ,��Ii . CATHIE STURDAHL, Secretary , r �J � � I ' , ' , , ' ' ' pLANNING COI�'Il�'tISSION MEETING MAY 6, 1970 `� � ... PAGE 1 The meeting wa s called to order at 8:00 P.M. by Acting Chairman Fitzpatrick. I ROLL CALL: Schmedeke Members Present: Minish, Harris, Fitzpatrick, Member Absent: Erickson ineering Assistant Others Present: Darrel Clark, Eng �,PPROVE PLANNING COMMISSION MINUTFS: APRIL 22 1970 anning Commission seconded by 5chmeaeke, that the P1 a e, the MOTION by Minish, roved. Upon a voice vote, alI voting y Minutes of April 22� 1970 be app motion carried unanimously. RECE IVE PLATS & SUBDIVISIONS-STREETS & UTILITIES SUBCOMMITTEE MINUTES: . APRIL 8 1970 ' �o�i.ssion receive MOTION by Schmedeke, seconded by Harris, that the Planning a e, the motion carried the minutes of the P1ats & Subdivisions-5treetn & Utilities Subcommittee mee ing of April 8, 1970• Upon a voice vote, all voti g unanimously. RECEIVE B�AR� �F ���ALS MINUTES: AYRIL 29 1970 that the Planninq Commission receive MOTION by Minish, seconded by Schmedeke, U on a voice vote, the minutes of the Board of ApPe.als meeting of April 29, 1970. P all voting aye, ,the motion carried unanimously• STANDARDS-DESIGN CONTROL SUBCOMM�TTEE MINUTES: APRIL 23 1970 RECEIVE BUILDING Harris, seconded by Minish, that the Planning Comm�-ssion receive MOTION by Standards-Design Control Subcommittee meeting o the minutes of the Building a e, the motion carried April 23, 1970• Upon a voice vote, all voting y unanimously• CPL . J AI�'!ES L. ROBIN SON BY 1, pUBLIC HEARING: RE7.ONING RE iTEST ZOA ����-�ll Lot 9 from C-1 to C-2 COLA TO REZONE LOTS 1 TO 6 LOT�94AaD�NORT` FEET OF LOT 2�� G. D. GIAN CENTRAL AVENUE ADDITION. Rezone Lots 1 t and Lots 5 and 6 and North 68 feet °e and CentraltAvenuee)u� Addition, from M-1 to C-2• ��orner 73rd Avenu The Notice of Hearing was read.by Acting Chairman Fitzpatri.ck. �, Sundherg of Skell.y Oil. Co• repre.Gented thc Mr. J. L. Winters and rTr. �• v n. Gi<.:-lrola, Attorney• rezoning request. to�;� �t�^r �'' Lt�tl .`'" •�'• etitione.r lained tlic� purpose of. the Yer.oning caas �ontingent upo:� the Mr. Giancola eXP rop_ } �- station tp be built. had a tentative sale q� ��}@ p� ��rt � to Skelly ��1 �Qrnp P roperty being rezoned to the pr�Per u5e. to enable a ga� , ' , ' , , ' ' ' , ' ' P .� �? 4 Ylannin Commission Meetin Ma 6 1970 The felt the area would lend�nanssl • n and Brook's Trailer The only other station in the area is ���' y oWned ation because of the resideneaastatio to the Northeasts to another gas st ro os straight East, Medtronics South of the p p is bein purchased by Parcel 300, South of the ��otthe Westue Additi g� Park to the North. i�mediately the Central by Irving Hafner, and Parcel 400, uiry to buy the remainder of t��ee bay rezoned at this time. The plans are for a James Determan Who had made an inq the Engineering office for consid- Avenue Addition not being caution was given to ingress service station. They have been submitted to eration of placing entrances and exits. P articular em a proximately 83 feet �'1eslanf wouldrallowethe carstto and e�ress making th p It Was felt this p entrances and exits cars coming off 73rd Avenu a'congestion. There will be two for guture um s on each island; ears come out without creatin$tWO islands and The pstated the area, as it app onto Old Central Avenue; use, possibly two islands to the a ar they felt the attracti�ha�tcornere and uvenation, an Would be a boon to today, needs some reskelly Oil Comp Y layout presented by ended an of the Plats & SubdivisionsC-�ission&andirecomm Su co - Schmedeke, Chairm and 8 including, stated they had met prior to the Planning mittee, lit contingent upon the sale of Lots 7 approval of the lot sp to have a buildable industrial lot which 1 of Lot 20 in order to trY Ordinance with a variance o b ack the S-� u�.rements of the new Zoning the land would g would meet the req ut in, and if it were vacated�bring up the sQuare Brook Street was never p Would have no objections com- to Central Avenue Addition Gaancola saidetha ��heyhe p footage requirement. Mr plying with this. lained that In discussing the traffic pattern, the Engineering Assistant exp ill have turn lanes for getting off and on Central Avenu . 73rd Avenue w ssion close Schmedeke, that the Planning �O� Robinson uest, ZOA #70-04, Cpl• James L. MOTION by Harris, seconded by to C-2 and Lots 5 the Public Hear�ing of the rezoning req 4 and Lot 9 from C-1 1 to C-2• Giancola, to rezone Lots I to by G. D• t 20, Central Avenue Addiu?��nimousl�• and 6 and North 68 allt oting aye, thc motion arried Upon a voice vote, ssion Schmedeke, that the Planning ��T� Robinson seconded by re uest, ZOA #7�-04, Cp1• James L• 5 MOTION by Minish, to �-2 and Lots recommend aPP roval of the rezoning q from C-1 to C-2 D, Giancola to rezone Lots 1 �entraldAvenue Addition from M-1 by G. and 6 and North 68 �eee that�a p' with E7 foot ld not etition of vacation f�otsr7 andt8eet wou and Council shou roblem of Ieaving ice vo�e. all voting aye, the motion carried unanimous y• solve forthwitUpondaavoeviate the p of frontage. T COLA ROBINSON BY G. n. G. AN --z �d70-05 CPL. JA-MF.S L• �� is 68 feet and 2, LOT SP LIT REQ UEST: L.S. g lit so �� ATT` Fy; Lot 20 Central Avenue Addition. P g� is 67 feet. � 126 feet �dest of Central Avenue and Nor.th of Brook Stree . but not considered feasi iseM-1 uestion of rPplatti.ng was br.ou�ht up, Thc q t�arcel. 400 ar.d Farcel 300 ro eity whi.ch �'ould be. ].eft (� _ he remaining area of Central Aver.u'� tlddltion wou.ld e As i.t is, the p P�11a � (light industii.al) C-1 (local business)• , r ' , ' , , ' , ' ' , 1 ' , 4:3 pa e 3 Ma 6 1970 ?lannin Commission Meetin �ommission approve Harris, that the PlanningG. D. �iancola, MOTION by 5chlnedeke, seconded b� 1. James L• Robinson by a 68 foot the Lot 5plit Request, L•S• �70-05, �P in half creating Attorney, to spli.t Lot 20, Central Avenue Addition, lot from the North Half and a 67 foot lot from the South Half• nd 8, Central ,� ts 7 a . the remaining F�rtion of Lot 2� would be comLined with ` Minish amended the m�a on to add that in the event pvenue Additi�n, were so r them. A VOICE VOTE, THE MOTION, A5 AMENDED, WAS TJNANIMOUSLY APPROVE • UPON . LOT SYLIT RE U�ST' L•S• ��70-0 3• Block 2, S parcel from Lot Z�driveway• room for existing H�Tpsp,�; Six foot triangular ERT H. rovide st Addition added to Lot 19 to p Mr. and Mrs. Hartmann were present. le lot split and that the Plats & Subdivi- roval earli al anverbal Inasmuch as this request is a simp uest was to make leg sions-Streets & Utilities Sub iammeattha athiscreqended app escription would be evening, and Mr. Hartmann exp o and that the legal d agreement made quite a few years ag � f8irly short, a motion was made to concur with the Sub committee Co�ssion concur MOTION by Schmedeke, seconded by Minish, that the Plan��ee and recommend t L.5. #70-07, Albert H. Haztmann for tha� thet with the P1ats 6 SubdivisiRes�esreets & Utilities Subcomm�. Co�encing approval of the Lot 5p11t q a distance of 15 feet of Lot 20, Block 2, Sandhurst Addition descr�ou�hwesterlyws: Northwest corner of Lot 2�% then proceeding oint of boundary between Lot 20 and �t le 6ffeetc5 uth fromuthe Pddltion; along the oint on Hartman Circ oint of thence Easterly to a p the curvature of Hartman Circle to the p beginning: thence Northerly alonq the motion carried unanimously• beginning. Upon'a voice vote, all votinq aye, 4. LOT SPLIT RE UEST: L.S. 4�70-06 u�vn Erco's lst Adait�opo ed dental clinig,the ing site for P L W�,QUIST: To split Lot 7, Block 1, � of Lot 7 with Lot 6 to make a build- Mr. Walq uist• was not present. ineering Assistant, stated the Plats & Sub�heisfelt�theye s Darrel Clark, Eng the reason being Y Council about & Utilities Subcommittee continued this itiem+ In this caSe+ would like guidance from the P ieTnthanCallowed inathetOrdinannin Commis�ion and creating a commercial lot smal The realized the plen andgan area of the lot would be quite a bit smaller. y lats where assed the Ordinance requiring 200 feet for frontag Council p. but wondered what the intent was on �heSediddnot object to 25,000 square feet, the existing lots are smaller than those of new plats. Y the dental clinic• ould be left open only to large Schmedeke a�d ed that there �a%i.11 bE'. �'1°l� and mhrP smaller conunercial structure wanting ta come in and did not believe the land s investors. ' ' ' ' ' ' , 1 ' ' L_J , �� Ma 6 1970 -- planni.n Commission Meetin roval of a variance to Minish reported the Board of Appeals recommended app . ed what the purpose was of the he lot width requirement from 200 feete�o 139 feet in order to build t e reduce t the wond haw can an dental clinic, but at the same time, Y the building, 20D foot requirement. When 1,0% of the land is used by arbitrary figure of 25,000 square feet be used? � uest means the petitioner is The Acting Chairman commented that thi.. re9 uare feet and is 2/3rds asking for approval of an area 123 x139' which is 17,097 Sq the are being resent ordinance. In other w°uired. Then the of the required ainount in the p erate Within the asked to approve a lot split only 2/3rdsC�missionsiset°gopeq question is whether or not the P1aThere would be no problem inui�eas fhthe Plan- Ordinance or request an opinion. tional land is available�eeting rther stated no action was req ning Co�unission at this ed fox Harris wondered if there were SO�aseabettakendintocconsideration�g the older plats and each individual DZSCUSSION OF EVERGREENS FOR SCREENING: ' 5, INFORMAL lantin rowing tree, have heavy Mr. Schmedeke wondered if. the Pl�heinare°�lorig°g had considered p dered more evergreen trees in the Eity as He won foliage, makes a good windbreak and is beautiful and decorative. t would be possible to meet with the RanYeinformationthe maydhaveswould be if i but if not possible, y types of evergreens, appreciated. MOTION by S��deke, seconded by Harris, that the Planning Commission suggest the planting of evergreens to the Parks & Recreation Corr►minSC xried reconenending Up�n a voice vote, all voting aye, the mo �ne purpose of screening, i,ulanimously. , AD,TpURNMENT : ION b Minish, seconded by Harris, that the Planning Commission meeting MOT � of May 6, 1970 be adjourned at 10:10 P•M- Re pec fully submitted ��� ��-�,�`" , , Hazel 0'Brian Recording Secretary I ' ' ' , ' , 2. 1970 c nF 'ruE BOARD OF APPEALS lj],� 1"lllv� ia��+ — ----- - The meeting was called to order at 7:31 P.M. by Chairman Minish. bIEMBERS PRESENT: Minish, Drigans, 0'Bannon, Sondheimer rZFMBERS ABSENT: Ahonen OTHERS PRESENT• A1 Bagstad-Building Official MOTION by Drigans to app rove the minutes of the April 15, 1970 meeting and the April 29, 1970 meeting as written. Seconded by Sondheimer. Upon a voice vote, there being no nays, the motion carried unanimously. 4B SUBPARAGRAPH 3 TO REDUCE THE 1. A RE UEST FOR A VARIANCE OF SECTION 45 �53> > - FOOTAGE RE UIRII"1ENT FOR A SIDEYARDF A Q7NF00 ATTACHED GARAGE ON LOT 3 FBLOCK 4 FEET TO ALLOW THE CONSTRUCTION • pEARSON'S CRAIGWAY ESTATES_2ND"ADDITIONrFT�Ts� B872GFiRW00DIWA�N E.Y FRID' MINNESOTA.) MOTION by Drig ans to table this request until later in the meeting as there was no one present to present the request. Seconded by Sondheimer. Upon a voice vote, there being no nays, the motion carried unanimously. __ �� 2. A AN OF A BY ROBERT D OF SECTION 45.053, 4B ..,,,�„ r eu e�F FROM 5 F ; 6243 KERKY t� 1923 LINCOLN S N. 7 Mr. & Mrs. Robert Ledin were present to present the request. 3. T� Plans for the dwelling and the section of the plat showing the lot were presented to the Board for their review. Mr. Bagstad came forward and explained to the Board that Heash�o belbuilt Addition is a new plat and this is one of the first dwelling in it. Therefore, there are no adjoining structures that would have to be considered. Mr, Drigans asked Mr. Ledin if they couldn't cut down on the di.mensions by one foot to be in accordance with the City Code. Mr. Ledin answered that the architect that drew up the plans had originally drawn the plans to be 2 feet smaller bulansetofincludeythis12 extratfeet. extra room so they had him redraw the p The architect had told ctionseas�that isehow thermaterialseweresbought. dimensions in 2 foot se �. Ledin also stated he had talked to the owner of the adjacent lot an the owner had stated he did not mind the variance. �. � , ' �. , ' ' , e Minutes of The Board of A eals Subcommittee Meetin of Ma 12 1970 Mr. Sondheimer suggested to the app licant a few ways the plans could be changed to decrease the length of the house by one foot. Mr, 0'Bannon: I will abstain from voting because I have a personal interest in the area. I developed the property, Heather Hills Addition, and I don't. like to see a new development coming before talthenabuild thethouseotoefitops the property. A person who buys a lot, shoul that lot. This is only my_own personal opinion. Drigatts: The lot is an 80 foot lot which I feel has plenty of room to build on without variances of the City Code. Sondheimer• I think the plans could be redrawn to decrease the size of the house by one foot without very much troublortunits to usethis whole lot torson who buys the adjoining lot to have the opp Y buil-d on as he would not be restricted by the one foot encroachment. MOTION by Sondheimer to close the public hearing. Seconded by Drigans. Upon a voice vote, 0'Bannon abstaining, the motion carried. MOTION by Drigans to recommend to the Council, denial of the request for the following reasons: 1. , 2. The area is a new development area and the lots are 80 feet wide which is quite adequate to build on without variances. Although the architect has already drawn up the plans, the plans can be redrawn to decrease the dwelling from 66 feet to 65 feet to fit within the Zoning Codes. Seconded by Sondhe�mer. Upon a voice vote, 0'Bannon abstaining, the motion ' carried. ' 3.., , ' , ' ' I ' L 18 N.E. FRIDLEY M1NN�s�lr�. Mrs. Helen Shute was present to present the request. �t.� e 2 Mr. Bagstad explained that the addition is proposed for the Northeast corner of the house. The whole house is nonconforming as lt iaStreettandlonly 6e5 years ago and sits back only 23.6 €eet from Mississipp' feet from Arthur Street. T'he proposed addition will be setback 32 feet from Mississippi Street. Mrs. Shute stated she would liikebaChroomltoobeabuilt onithe groundefloorchHer ; out 7 feet a d allaw room for a hel ful to them elderly pare�ts are living with her and this would be very P to have the l�athroo�a where they wouldn't have to walk u� any stairs. I i ' ' ' , ' , , ' ' �J �� ' , ' ' ' of Appeals Subcommittee Meeting of Mav 12, 197 Mr. Sondheimer asked if she had any plans drawn up of the proposed addition. Mrs. Shute answered the architect did not want to draw up any until the variance was approved. Mr. 0'Bannon stated it wouldtbeofnroomrbetween thetadditionaand theladjoining older home and there is plen y structures. MUTION by Sondheimer to close the public hearing. Seconded by 0'Bannon. Upon a voice vote, there being no nays, the motion carried unanimously. MOTION by 0'Bannon to recommend to the City Council approval of the request for the following reasons: 1, There is plenty of avaals�ructure wouldebeaclosertto hesstreet�than d no part of the propose the existing structure. 2. It would be an �Pr�oehave thetbathro m on the firstbfloor�nforethele help to Mrs. Shute convenience of her elderly parents. Seconded by Drigans. Upon a voice vote, there being no nays, the motion carried unanimously. 1. (Continued from page 1) MOTION by 0'Bannon to table this item until the May 26th meeting as no one was present to present the r�quest. Seconded by Sondheimer. Upon a voice vote, there being no nays, the motion carried unanimously. � ADJOUIINMENT : The meeting was adjourned by Chairman Miniih at 8:20 P.M. Respectfully submitted, MARY HINTZ Secretary , � ' �I � 1 1 ' ' � ' ' ' ' �' L ' � ' ' � ' ' ' OFFICIAL NOTICE CITY OF FRIDLEY TO WHOM IT MAY CONCERN: NOTICE IS HEREBY GIVEN THAT there will be a hearing before the City Council of the City of Fridley in th�econsidex the followingecqatte �11 at 7:30 Y.M. on Monday, MaY 18, 1970 t A request for a variance of Section 45.053, 4 g, S ub para graph 3, to reduce the sideyard adjoining an attached garage from 5 fee t t o 4 feet to allow the construction ofPearson�st attached garage on Lot 3, Block 2, Cra�gWay Estates 2nd Addition, the same bei.ng 7872 girwood Way N.E., Fridley, Minnesota. (Request by Mr. Bxuce Miller, 7872 Firwood Way N.E., Fridley, Minnesota.) Anyone desiring to be heard with reference to the above matter may be heard at this meeting. _ JACK 0. KIRKiIAM MAYOR 4_� T � THE MINUTES OF T1� HUMAN RELATIONS COMMITTEE MEETING OF APRIL 30, 1970 The Meeting was called to order by Chairman John ivers at 8:00 P. M. ROL. L CALL' MEMBERS PRESENT: Mrsn Linda�Rossman�mMrs. BettySBlock,tMrs. Willa Ramos GUESTS PRESENT: Councilman Dave Harris, Councilman Tim Breider Shirley Behrens (Sun Newspapers) QUESTIONNAIRE DISCLfSSION: A discussion was held about release of questionnaire results with conclusion that no officialdeveloPedtfromnthesearesultshin theenearlfutureciuded that a program plan be P MOTION made and seconded that Housing Subcommittee be allowed to participate in distribution of Board of Realtors pamphlet. The motion passed 5 to 1. Questionnaires were split up between Housing and Education Subcommittees for study and program formulation for recommendation. NEXT MEETING: The Chairman will contact all members to attend the next meeting next month and form subcommittee structure and elect officers. Next Meeting set for May 28, 1970. Respectfully submitted, John ivers, Chairman m t FRIDLEY VOL.UNTE:ER FIREMANS REl_IEF ASSOCIA i ION FRiDLEY, FtINNE50TA MINNEAPOLIS 21. MINNESOTA Memo To: Honorable Mayor and City Council . • Homer R. Ankrum, City Manager , . From .. Robert D. Aldrich, President, Firemens Relief Association Date . May 13, 197� Subject: Amendment to By-Laws The Fridley Volunteer Firemens Relief Association at a spe�+'a1 . meeting he_ld on May 7th, 1970, unanimously voted to amene`'the gy_Laws of the Association. The amendment is attached. The purpose of the amendment is to include some language b.y which benefits for non-causally related permanent disabilities do not receive benefits until they have reached the normal retirement age. Y.our prompt consideration of this amendment will be appreciated. RDA:et n r � . )1 : 5�° � ARTICLE VI DISABILITY BENEFITS SECTION 1. VOL��NTEER FIREMEN DISABILITY BENEFITS. Any volunteer fireman who becomes permanently disabled from performing the duties of a fireman, shall be eligible to receive a disability benefit of $100.00 per month, commencing on the date of such disability as certified by a licensed physician in a form satisfactory to the Board, provided such disability is causally related to his employment as a fireman. Where such disability is not causally related to his employment as a fireman, and where he has served at least 10 years, the disability amount shall be $45•00 per month plus $5•50 per month for each year of service in excess of 10 years, subject to a maximum of $100.00 per month, and payable when the _ fireman achieves the minimum retirement age as specified in the Association By-l.aws. No amount of benefits shall be payable if the individual's loss shall directly or. indirectly, wholly or partly, result from: (1) Self-inflicted injury or suicide, while sane or insane; or (2) The commission of or the attempt to commit an assault or felony by the individual. SECTION 2. PAID FIREMEN DISABILITY BENEFITS. Any paid fireman who becomes ' permanently disabled from performing the duties of a fireman, shall be eligible to receive a disability be�efit equal to 45% of the average salary of a first class firefighter or 45% of his present salary if less than a first class fire � fighter, comm�ncing on the date of such disabilty as certified by a.licensed physician in a form satisfactory to the Board, provided such disability is causally related to his employment as a fireman. ' ' , ' ' 1 , Where such disability is not causally related to his employment as a fireman, and he has at least 10 years of service, the benefits shall equal 22-1/2°� of the pay of a first class firefighter, with an additional 2-,'-��°� for each year of service beyond 10 years, but not to exceed a total of 45%, and payable when the fireman achieves the minimum,retirement age as specified in the As.aociation By-Laws. No amount of benefits shall be payable if the individual's loss shall directly or indirectly, wholly or partly, result from: (1) Self-inflicted injury or suicide, while sane or insane; or (2) 7he commission of or the attempt to commit an assault or felony by the individual. :)7 ,� � • HALL, SMITH, JUSTER, FEIKEMA AND HASKVITZ ��% � �°� �� �I�.��� � DOLIGlAS HALL WYMAN SMITH �EONARD T. JUSTER HENRY H. FE�KEMA RONALD L. HASKVITZ JAMES R. CASSEfILY Mr. Homer Ankrum and Members of the City Council City of Fridley 6431.University Ave. N.E. Fridley, Minnesota 55421 Gentlemen: ' _ � : i.._. _ ^� �� � �%��// C� 1050 BUILDERS EXCHANGE BLDG., MINNEAPOl15, M�MNESOTA 554p2 P M O N E 3 3 9- 1 4 B 1 • O F F 1 C E 5 1 N: O 5 5 E O, F R I D L E V � May 18, 1970 In re: Spring Lake Park - Storm Drain Problem In reference to the above problem, we have been continuing our legal research and have discussed the matter with Messrs. Herrick, Comstock and Qureshi. Also, a meeting has been set with Mr. Fleming for Monday, May 18, 1970, and I hope it will take place. I understand from talking with Mr. Comstock that there has been a long history of attempted meetings, postponement of ineetings and little result on the above problem. (The meeting set for today has also been postponed by Mr. Fleming.) i In analysing the available case law, it appears that no action has been undertaken in the State of Minnesota where one �unicipality brought an action against another for anticipated cost of a storm sewer project. The legal problems presented are: whether or not the City is a proper party; or, whether or not it should be brought by the land owners whose property is damaged by the overflowing water; whether or not a suit can be brought for anticipatory damages since the cost of the storm sewer has not yet been incurred and the third problem is the factual questions of whether or not this has been a natural drainage situation and to what extent has the Village of Spring Lake Park cast its surface waters into the system thereby overl.oading the system and causing flooding. � « 1 � Mr. Homer Ankrum and Members of the City Council May 18 , 19 70 Page �,,�o ; 0 There are�some similar cases that have been brought in the State of Cali- fornia, and onc: in particular involved the C,ty of Pasadena sueing the City of Alhambra. This case involved the opposite water use problem �n that because of a shortage of water, they were drawing from the; same reservoir. However, the Californza Supreme Court established a number of legal principles that would be similar to our situation and in that case, the Court stated that because of the extreme complexity of the factual issues in water cases and the public interest involved, the Court sought the aid of expert advise and assistance and the Court asked the California Water Resources Department of Public Works to act as a referee in determining the detailed engineering facts. The Court then did grant injunctive relief to solve the prob lem and retained jurisdiction of the matter to resolve future problems. Therefore, it is our conclusion as follows: l. No action can be brought against the State of Minnesota and the Department of Highways for their action in aggravating the situation because of the State immunity from suit. However, it is possible and feasible to ask the legislature to aid the communities by a bill to reimburse the commw.iities for the damage caused by the Highway De�artment. 2. An action can be brought in the Anoka County District Court in the nature of a"declaratory judgment action" whereby the Court can grant injunctive release either prohibiting the continuing dumping of surface water into the Fridley system by Spring Lake Park and compelling them to canstruct their own system or compelling a cost sharing of a system to be approved by the Court. Because of the engineering technicalities involved, we would ask the Court to apgoint a r?.feree to hear. the facts, the referee being either a State Official or a private individual with this type of engineering background. 3. The railroad could be made a party to the action since they do not enjoy any immunities from suit and have the same obligation to control the flow of su'rface waters on their land as any private land owner or municipality. 4. The lawsuit will be costly, lengthy and detailed because of the complicated nature of the engineering facts that must be established and the use,of expert testimony to establish these facts. It is very difficult to anticipate the length of such a lawsuit, and it is always possible these matters can be shortened by Stipulation among the parties. It is conceivable the case could end up in tre State of Minnesota Supreme Court and the City may incur legal fees and costs in the approximate area of $15,000.00 and expenses of expert testimo�y (assuming the studies on this matter made to date have been puid for) in the area of $5,00�. � , 0 _ _. _ - > i,:�._: Mr. Homer Arr.krum and Members of the City Council May ' 18, 19 70 Page Three 5. It is r.ot likely a decision would be reached on the matter for a period of eight to twelve months and longer if either party takes an appeal to the Supreme Court, perhaps avoiding an ultimate decision for a two year peri�od. 6. If the Council desires to go ahead with such a suit, the action required would be a resolution authorizing the above law firm, and specifically Wyman Smith of our firm, to commence suit and to direct the suit against the Village of Spring Lake Park, the railroads involved and any other parties that should be brought into the matter. It appears from negotiations that have taken place in the past, the Village of Spring Lake Park does indicate an obligation to pay the cost of improving and maintaining an open ditch, and the future cost that may be involved in such maintenance which, according to the consulting engineers of the City of Fridley, would be a very small portion of the cost for a permanent solution. It is further the opinion of the consulting engineers and the City engineers that Spring Lake Park does cont'ribute substantially to the problem and should be obligated to pay a much larger share then .they are now offering. Because of the expense and length of time involved in a lawsuit, naturally it pays to explore all avenues of negotiations. It appears to me, however, that because of the political realities of the situation, it would be very difficult for the representatives of Spring Lake Park to 'recommend to their community a large expenditure, in terms of their total budget, which to their voters may seem to benefit land owners in Fridley. Therefore, it seems that this obligation of theirs must be imposed upon them by a Court or the r.esa.dents of the. Village of Spring Lake Park, or their representatives:are not likely to face up to it. LTJ/�n Respectfully submitted, HALL, SMITH, JUSTER, FEIKEMA AND HASKVITZ ��� Leonard T. Juste � � �3,;.... �. i 9 .� �� HALL, SMITH, JUSTER, FEIKEMA AND HASKVITZ DOUGLAS HALL WYMAN S.MITH LEONARD T. JIJSTER HENRY H. FEIKEMq RONALO L. MASKVITZ JAMES R. CASSERLY � � � z"�� � � ��'%"����� �T ,� _� ��� �� �`i�� � Mr. Homer R. Ankrum Ciiy Manager 6431 University Avenue NE Fridley, Minnesota 55421 RE: REC. Charge Dear Homer: �°� ��,�/ ��- �- � % � � � lOSO BLIILDERS EXCHANGE BLOG., MINNEAPOLIS, MINNE.SOTA 55402 P H O N E 3 3 9- 7 4 B 1 • O � F 1 C E 5 I N: O 5 5 E O, F R I D L E Y May 15, 1970 I have been giving some thought to an expeditious way of handling the REC. charge refunds. I discussed the matter with b�yman and he suggested the City could bring a declaratory judgment in Anoka County District Court and a judge would rule on who is entitled to the refunds by bringing a class action in behalf of all the parties. However, this would be expensive, and I would believe attorneys' fees would run in excess of $1,000.00. I thir�k the simplest solution would be to notify the parties that paid the charge and the occupants of the home that there is a refund awaiting them, give them the amount of the refund and advise them that the City will make the check payable to the party that paid the refund and the present home owner. A release form to be signed by both wiii aiso be mailed. ihe back of the check would have a form of release also on it as follows: "Endorse- ment of this check by i;he named payees hereon constitutes full and complete release by the named payees of the City of Fridley of any and all claims arising out of Sewer Connection Charge paid to the City of Fridley". It would seem to me that since the amount is small, there would be some type of negotiated settlement between the home o4vner and the contractor where they might either agree on who would get the amount or split the proceeds and release the City. In these cases where agreement cannot be reached among the parties named on the check, I would, upon request, give them an information sheet advising them that the City of Fridley has a Conciliatior� Court, in the City of Fridley, a part of the Anoka County Municipal Court SystQm. The jurisdiction of this Cour�t: is �300.00, there is a$3.00 �riling fee, th� case �fro��ld be hear�d in f Y! Mr. Homer R. Ankrum Page 2 May 15, 1970 Fridley by a judge in the Fridley ;,ourthouse, ar�d the Clerk of Court, who also is full time in City Hall, will aid them in preparing the form of Complaint. Therefore, the judge would rule in each case and this ruiing would be binding on the City and relieve it of any further claims or obligations after the decision has been entered. . I would be glad to work with the City officials in drafting the release form and instruction sheet that they want to take to Concilia�ion Court. LTJ:nIj cc: Mr. Marvin Brunsell Financial Manager Very truly yours, Leonard T. Juster f u �� MALL, SMITH. JUSTER, FEIKEMA AND hiASKVITZ �` W °�� � �.�� � �� OOU6LA5 HALL WYMAN 5MITM � LEONa4R0 T. JUSTER MENRV M. FE�KEMA RONALD L. HASKVfTZ JAMES R. �A5��5ERl.Y Mr. Homer Ankrum City Manager 6431 University Ave. N.E. Fridley, Minnesota 55421 Dear Homer: �� �� � 1050 BI�ILDERS EXCHANGE BLDG., MINNEAPOLI5, MINNESOTA 54402 P H O N E 3 3 9-� 4 8 1 •❑ F F 1 C E 5 I N: O 5 5 E O, F R I D 4 E Y May � 18 , 19 70 Re: Letter of Oliver Erickson of 4-17-70 concerning Variances In reviewing the letter of April 17, 1970, of Oliver Ericksan, it _ appears that the first portion of the letter e�presses his concern that the new zoning ordinance does require certain minimum size lots and the C-1 local business and local shopping sections require a lot area of not less than 25,000 square feet (Section 45.103) and a lot width of not less than 200 fee�. Whether or not this is reasonable or unreasonable is a matter for the Council to determine and make any changes that they may deem ne�essary. Assuming a property owner did own a platted lot in the C-1 district prior to the enactment of this ordinance and did not have the basic requirements of area or width, he does have the right to go before the Board of Appeals, Section 45.182, and a variance can be granted from the provisions of the zoning ordinance where "their strict enforcement would cause undo hardship because of circumstances unic�ue to the individual property in consideration." It would be my opinion that, in m�st cases, variances must be granted by the Appeals Board where the use of the property would have been proper under the ol.d ordinance. However, the.re might be certain cases that would constitute exceptions and the City might legally have the right to refuse a variance. Each case should be considered on its individual merits. � 11. PUBLIC HEALTH SANITARIAN JANUARY, FEBRUARY, & MARCH ACTIVITY REPORT: Checked a number of service stations for food operations. 417-57th Place N.E. - Survey and report of housing conditions. Sent to Building Inspector. 339-57th Place N.E. - Alleged sewer clogging problem. Checked property but no survey made. Tenant moving. 6071 University Ave. N.E, - Food Surve� Checked on completion of certain orders. Several rechecks had to be made and work finally completed. 6319 Highway �k65 - Food Survey Written report to owner. 5370-Sth Street N.E. - Litter Complaint Numerous litter complaints in past. New owner, wrote letter, and will follow-up. 53T8-80-82-84-5th Street N.E,-Litter Problem With previous prvblems. Wrote letter to owner. 5760 East River Road - Sewer Back-up Complaint Called owner by phone. 5860 East River Road - Heat Complaint. Called owner by phone. 5831 University Avenue N.E. - Food-Survey Written report made. Reviewed proposed remodeling. 6483 University Avenue N.E. - Food Survey Written report to owner. 6525 University Avenue N.E. - Red Owl Food Store Called food store on meat complaint and also discussed results of calls with complainant. • Blue & Gold Dinner - Answered calls on requirements under food ordinance covering these dinners. 6061 University Avenue N.E, - Consultation At place of business with operator on possible remodeling. 17-77th Way N.E. - Cesspool Complaint Investigated and also checked plant interior. Report on cesspool made to Manager and City Engineer. 179 Charles - Heat Complaint Handled by phone with owner. 7440 Central Avenue N.E. - Fireside Rice Bowl A number of rechecks have been made of this food operation. Some progress has been made. r��� 5430-7th Street N.E. - Plumbin� Complaint Wrote letter to owner. 1540 Rice Creek Road - Rodent Complaint Tnvestigated and found no evidence of rats. 5820 East River Road - Sewer Plugging Complaint Called owner by phone. 5428-Sth Street N.E. - Flooding Complaint Called owner by phone. 6401 Central Avenue N.E. - Survey of House Report went to Anoka County Welfare. 5372-6th Street N.E. - Litter Complaint Checked and letter sent to owner. 101 Ventura N.E. - Dilapidated Building Checked building and report sent to Building Inapector. 5856-3rd Street N.E. - Dilapidated Building Checked building and report sent to Building Inapector. 4573 Main - Air Pollution Complaint Complaint on Minneaota Linaeed 011. Letter seat to complainant suggeetiag she contact the State Pollution Control Agency. 6410 University Avenue N.E. - Food Survey Report sent to owner. 151-59� Street - Sewer Plugged Checked and letter sent to owner. 5829-2'� Street - Litter Check Now second letter sent to owner on problem. Sent letters to ownera of all major shopping centers and certain busiaesaea on litter problem. Moon Plaza Shop�ing Center - Litter Problem Litter problem in rear checked. Wrote several lettera to owner. Wrote first violation tag on owner in March. 7620 University Avenue N.E. - Li.tter Problem Litter problem in rear of buainess operation. Wrote letter to owner. 521 Fairmont N.E. - Housing Survey Report sent to Building Inspector. ' S31 Fairmont N.E. - Housing Survey Report sent to Building Inspector 544 Fairmont N.E. - Housing,Survey ' Report sent to Building Ins�ector. note any problem. � , 501 Glencoe - Housing Ckeck Report to Buildi�n8 Inapector. !. � Old garage has been removed and did not 1 r��' r . l• Consulted with a food operator on moving to a new location of his present locations and new location. 415-57th Place N.E. - Dilapidated Building Report sent to $uilding Inspector. 417-57th Place N.E. - Litter Checked litter and sent letter to tenant. 5833-3rd Street N.E. - Dilapidated Building Checked building and sent report to Building Inspector Surveyed two 57th & University Avenue N E - Picked-up food sample and checked for insects. Skywood Ma11 Checked dog training complaint at Skywood Mall. S�nt letter to owner. 5207 Central Avenue N.E. Food survey made. Report sent to owner and operator. 5428-5th Street N.E. - Litter Complaint Checked. Violation tag written. 380-57th Place N.E, - Litter Complaint Checked and letter written. 1200 Norton Avenue N.E, - Overflowing Sewage Checked and wrote letter. 6570 Fridley N.E. - Litter Complaint Talked to owner, letter to owner, and memo to Building Inspector. 5860 East River Road - Dirty Laundr Room Complaint Contacted owner. 5372-6th Street N.E - Litter Complaint Checked and talked to owner. 6175 East River Road - Litter Complaint Checked and sent letter. 100 Ventura N.E. - Litter Complaint Talked to owner and also sent letter. 683 Glencoe - Burning Garbage Checked and talked to owner. 113 Pilot N.E. - Litter Complaint Checked and wrote letter. 7600 University Avenue N E - Survey of Food Operations Sent letter. Holding license until corrected. RESOLUTION N0. �� / , � ADOPTING CITY OF FRIDLEY MEMORANDUM N0. 4-1970 AS THE OFFICIAL EMPLOYEE EDUCATION PROGRAM FOR CITY OF FRIDLEY WHEREAS, an Employee Education Program has been in effect for the City of Fridley employees, and WHEREAS, such policy is in need of further refine- ment and clarification NO`W THEREFORE, BE IT RESOLVED, by the City Council of the City of Fridley that the Employee Education Program outlined in City of Fridley Memorandum No. 4-1970 dated May 18, 1970 is hereby adopted as the Official Employee Education Program for the City of Fridley PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF ► FRIDLEY THIS DAY OF Y y , 1970. MAYOR - ,Iack 0. Kirkham ATTEST: CITY CLERK - Marvin C. Brunsell . ;,; j � .' I CITY OF FRIDLEY MEMORANDUM NO. 4-1970 EMPLOYEE EDUCATION PROGRAM (Applies to Permanent Employees Only) Ao Eligibilitv Requirements r��� M,ay 18, 1970 1. The proposed training course must have relevance to the employee's present or anticipated career responsibilities. Attendance shall be at City approved institutions. The basis of City approvaL shall be accreditation of course and City need. All proposed courses must be submitted through Department Heads, with Department Heads recorrunendations to City Manager for final approval. ' 2. Financial assistance will be extended only to courses offered by accredited institutions. This includes vocational schools, Minnesota School of Business, ' correspondence courses, the University of Minnesota, Anoka-Ramsey Junior College, etc. ' � � � 3. Participation in the program will be on a voluntary basis, i.e., outside normal working hours. Hawever, in certain unusual circumstances, a Department Head may allaw an employee to attend class during normal working hours. The progFam will not reimburse the employee for those hours of the normal working day during which he is in class. Hawever, all Department Heads have been encouraged to assist the employee in making up these hours. 4. Only full time, non-temporary employees will be eligible for the programs benefit. , 5. The employee, to be eligible, need not remain for any specified period of time follawing the completion of the course. ' B a 'I'he Proc�ram's Financial Policy ' 1. Financial assistance will be extended to cover only the cost of the tuition, i.e., those fees which are charged for instruction and associated administrative expenses. � Charges for books, student union membership, student � health coverage and other charges for which the student � R Page 2 CITY OF FRIDLEY MEMORANDUM NO. 4-1970 EMPLOYEE EDUCATION PROGRAM 1. (Continued) receives some item or service other than actual instruc- tion, will not be paid. 2. The City will pay fifty percent of the cost of tuition in advance of the employee's actual participation in the course and the employee shall pay fifty percent of tuition costs. The employee, hawever, upon completion of the course will be required to present to his Depart- ment Head a certification of satisfactory work. Satisfactory is defined as follaws: a. b. In courses issuing a letter grade - a"C" or above is required. In courses issuing a numerical grade - a"70" percentile or above is required. c. In courses not issuing a grade, a certification from ' the instructor that the student satisfactorily par- ticipated in�the activities of the course is required. � , � ' If the employee satisfactorily completes the course, he will be reimbursed for the additional fifty percent of tuition costs for which he had obligated himself in approved application. If the employee fails to satis- factorily complete the course, he will not be reimbursed for the fifty percent tuition costs expended by him in taking the course. 3. The program will not reimburse the employee for the hours he spends in class - only for the tuition. ' 4. Expenses for which the employee is compensated under some other educational assistance program will not be covered, i.e., G.Io Bill. ' ' 1 � 5. This program will be considered�activated as of January l, 1970. Financial assistance therefore will cover all approved courses entered after that date. C. Procedures for A pl inq �:*�-�r?'�--� �,. The proc�ram relies on the employee's individual �! ` l *1 Page 3 CITY OF FRIDLEY MEM�ORA.NDUM NO. 4-1970 EMPLOYEE EDUCATION PROGRAM l. (Continued) initiative and therefore, the basis for extending financial assistance will primarily be on a first come, first serve basis. a. Information on courses desired shall be submitted through Department Heads to the City Manager's Office for approval. Department Heads will recommend approval or disapproval and state reasons therefor. HOMF,Ft R. ANKRUM City Manager FiRR/b9 This Education Policy adcpted by Council Resolution No. , May 18, 1970. ' CI � RL:SO�UTION N0. , RESOLUTION ORDERING IMPROVEr1ENT ANU FINAL PLANS AND SPECIFICATIONS AND ESTIMATES OF COSTS THEREOF: &TREET IMPROVEMENT PROJECT ST. 1970-4 (ADDENDUM ��1) .5�� WHEREAS, Resolution No. 82-1970 adopted the 2Oth day of April 1970 by the City Council, set the date for hearing on the proposed improvements, as speci- fically noted in the Notice of Hearing attached hereto for reference as Exhibit "A", and ' WHEREAS, all of the property owners whose property is liable to be assessed with the making of these improvements (as noted in said Notice) were given ten (10) days notice by mail and published'notice of the Council Hearing through two (2) weekly � publications of the required notice, and the hearing was held and the property owners heard thereon at the hearing, as noted in said notice. ' � ' � , , , NOW, THEREFORE, BE IT RESOLVED, by the Council of the City of Fridley, Anoka County, Minnesota, as follows: ' ATTEST: ' , 1. That the following improvements proposed by Council Resolution No. 82-1970 are hereby ordered to be effected and completed as soon as reasonably possible, to-wit: Street improvements, including grading, stabilized base, hot-mix bituminou§ mat, concrete curb and gutter, water and sanitary sewer services, storm sewer and other facilities located as follows: Beech Street: E1m Street: Main Street: 77th Way: 79th Avenue: 77th Avenue to 79th Avenue (including) 77th Avenue to 79th Avenue ( alley ) Osborne Road to 79th Avenue Railroad Tracks to Main Street Beech Street to Main Street . 2. That work to be performed under this project may be performed under one or more contracts as may be deemed advisable upon receipt of bids. 3. That''the City Engineer, Nasim M. Qureshi, and City's Consulting Engineers are hereby designated as the Engineers for this improve- ment. They shall prepare final plans and specifications for the making of such improvement. ADOPTED BY THE COUNCIL OF THE CITY OF FRIDLEY THIS �/�� DAY OF ;� � �� �_:.�:>��� � 1970. CITY CLERK - Ma in C. Brunsell ' . MAYOR - Jack 0. Kirkham . ' R�SOLCJTION N0, ;'� �J' 1970 LJ RESOLUTION CONFIRMING ASSESSMENT FOR STREET IMPROVEMENT PROJECT ST. 1969 - 1 '(ALDEN WAY AND 62ND WAY ONLY) BE IT RESOLVED by the City Council of the City of Fridley, Minnesota as follows; 1. 2. The City Clerk has with the assistance of the engicieers heretofore selected by this Council for such purpose, calculated the proper amounts to be specially assessed for ths STREET IMPROVEMENT PROJECT ST. 1969 - 1 (ALOEN WAY AND 62ND WAY ONLY) in said City against every assessable lot, piece, or parcel of land in accordance with the provisions of law, and has prepared and filed with the City Clerk tabulated statements in duplicate showing the propex description of each and every lot, piece, or parcel of land to be specia.11y assessed and the amount calculated against the same. Notice has been duly published as required by law that this Council would meet in special session at this time and place to pass on the proposed assessment. 3. Said proposed assessment has at all times since its filing been open to inspection and copying by all persons interested, and an opportunity has been given to all interested persons to present their objections, if any, to such proposed assessment, or to any item thereof, and no objections have been filed; except , 4 ' The amounts specified in the proposed assessment are changed and altered as follows: � 5. This Council finds that each of the lots, pieces, or parcels of land ' enumerated in said proposed assessment as altered and modified was and is specially benefited by the ' STREET IMPROVEMENT PROJECT ST. 1969 - 1 (ALDEN WAY AND 62ND WAY ONLY) in the amount in said proposed assessment as altered and modified by the corrective roll in the amount set ogposite the description of each such ' lot, piece, or parcel of lamd, and that sai_d amount so set out is hereby levied against each of the respective lots, pieces, or parcels of land therein described. ' � ' ' � �� � � Ra�e -2- ' � ' � ' I� , � ' � ' RESOLUTTON N0. _ 1970 6. Such proposed assessments as altered, modified and corrected is affirmed, adopted and confirmed, and the sums fixed and named in said proposed>assess- ment as altered, modified and corrected with the changes and alterations herein above made, are affirmed, adopted and confirmed as the proper special assessments for each of said lots, pieces, or parcels of land respectively. 7• Said assessment so affirmed, adopted, and confirmed shall be certified to by the City Clerk and filed in his office and shall thereupon be and constitute the special assessment for STREET IMPROVEMENT PROJECT ST. 1969 - 1 (ALDEN WAY AND 62ND WAY ONLY) 8• The amounts assessed against each lot, piece, or parcel of land sha11 bear interest �rom the date thereof until the same have been paid at the rate of seven and one-half (72) per cent per annum. 9. Such assessment shall be payabl.e in ten (10) annual installments payable on the lst day of January in each year, beginning in the year 1971 and continuing until all of said installments shall have been paid, each install- ment to be collected with taxes collectible during said year by the County Auditor. 10. The City Clerk is hereby directed to make up and file in the office of the County Auditor of Anoka County a certified statement of the amount of all such unpaid assessments and the amount whictx will be due thereon on the lst day of January in each year The motion for the adqption of the foregoing resolution was duly�seconded by Councilman r�''-` �, upon vote being taken thereon the following voted in favor thereo : � .�; ��[- , : . � � F' �'� A � "�„/•+' ��N �' ` I ��}. : ;k.� ` � and the followi.ng voted agai.nst the same; , ` ' PASSED AND ADOPTED BY THE CTTY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF � ' °� � } , 1970 ' � ' ' ATTE ST : ' i CTTY CI,ERK Marvin C. Brunsell f'�r MAYOR Jack 0. Kirkham �)� May 13, 1970 MEMO T0: City Manager and City Council FROM: Finance Director SUBJECT: Final Assessment Roll for Sewer Improvement Project No. 91 The attached two resolutions would direct the preparation of the assessmen� roll and set up the public hearing for Sewer Improvement Project No. 91. This is not a large improvement project. It consists of installing a sewer line running north from West Moore Lake Drive to the bowling alley. The total cost of the improvement has been determined and there will be no problem having the assessment computations ready two weeks prior to the date of the public hearing. � � i <- ;� RESOLUTION N0. ��1970 A RESOLUTION DIRECTING PREPARATION OF ASSESSMENT ROLL FOR SEWER IMPROVEMENT PROJECT N0. 91 BE IT RESOLUED, by the City Council of the City of Fridley, Anoka, County, Minnesota as follows: 1. It is hereby determined that the assessable cost of construction with respect to the following named improvement to-wit: SEWER IMPROVEMENT PROJECT N0. 91 including all incidental expenses there�o is estimated at $13,948.60. 2. The City Manager with the assistance of the City Clerk shall forthwith calculate the proper amounts to be specially assessed for said improvement against every assessable lot, piece or parcel of land benefited by said improvement according to law. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY ; .� ���� OF FRIDLEY THIS DAY OF t" , 1970. MAYOR - Jack 0. Kirkham ATTEST; CITY CLE K- Marv n C. Brunse •�l ��, � r 1 1 ' ' � RESOLUTION N0. � � 1970 A RESOLUTION DIRECTING PUBLICATION OF HEARING ON PROPOSED ASSESSMENT ROLL FOR SEWER IMPROVEMENT PROJECT N0. 91 ' WHEREAS, By a resolution passed by the Council on May 18, 1970, the City Clerk was directed to prepare a proposed assessment of the cost of street improvements, 1 concrete curb and gutter, storm sewer system, sanitary and water services, and other facilities. ' WHEREAS, the Clerk has notified the Council that such proposed assessment roll has been completed and filed in his office for public inspection. , NOW, THEREFORE, BE IT RESOLVED, By the City Council of the City of Fridley, Anoka County, Minnesota, as follows: ' 1. The City Council shall meet at the City Hall in the City of Fridley, Anoka County, Minnesota, on the 8th day of June, 1970, at 7:30 P.M. � to pass upon the proposed assessment for Sewer Improvement Project No. 91. 2. The City Manager shall publish notices of the , t1.me and place of ineeting in the official newspaper of the City, at least two (2) weeks prior to such meeting. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY �: OF FRIDLEY THIS r'� DAY OF �:�"' ^"'�- `� f- , 1970. � � ATTEST: C Y CLERK - Maryln C. Brunsell (, MAYOR - Jack 0. Kirkham d �4 , �� I , I , I ' ' , ' � May 13, 1970 ' ' MEMO T0: City Manager FROM: Finance Director ' SUBJECT: Requirement to Issue Duplicate Order Check to Replace One Which has Been Lost , The procedure that has been used in the City of Fridley up to , this time in the instance of a check being lost has been to stop payment on the check and require the person who lost the check to furnish an indemnity bond to the City of Fridley for issuance of duplicate check. The requirement of this bond ' seems to cause considerable inconvenience to the people concerned. ' On inquiry to the Public Examiner's office, I have been informed that the bond requirement could be waived if the City Council passes a resolution to that affect and if the � person furnishes an affidavit to the City of Fridley. I recommend that this action be taken. ' , �r RESOLUTION N0. 1970 A RESOLUTION WAIVING THE REQUIREMENT OF AN INDEMNIFYING BOND PRIOR TO THE ISSUANCE OF A DUPLICATE TO COVER A LOST OR DESTROYED ORDER-CHECK WHEREAS, It has been the policy of the City of Fridley to require the filing of an indemnifying bond prior to the issuance of a duplicate to cover a lost or destroyed order-check, and WHEREAS, The requirement for a bond can be waived by the City Council if the party furnishes an affidavit, NOW, THEREFORE, BE IT RESOLVED, By the Council of the City of Fridley that the requirement for an indemnifying bond prior to the issuance of a duplicate to cover a lost or destroyed check is hereby waived. Providing an affidavit is furnished and payment is stopped on the check. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF , �970, MAYOR - Jack 0. Kirkham RTTEST: CITY CLERK - MARVIN C. BRUNSELL 1 ; , f�F; DOCUMENTS IN SUPPORT OF ISSUANCE OF LOST ORDER - CHECK AFFIDAVIT STATE OF MINNESOTA SS COUNTY OF ANOKA being duly sworn, upon oath states that e s e is the owner of a combined order-check No. , dated issued by the City of Fridley, Minnesota, to said person in'� payment of services in the amount of $ ; that said check was received by (him) (her) but, has not been assigned, transferred, cashed, nor deposited by (him) (her) in (his) (her) bank accounts, nor otherwise taken to (his) (her) benefit and that the same is now lost and cannot be found; that (he) (she) makes this affidavit as an inducement to the City of Fridley to issue a duplicate order-check therefore pursuant to the request of Subscribed and sworn to before me This day of 19 . Notary Public County, Minnesota My commission expires �% May 5, 1910 Mr. Rober� A. Whitaker Public Examiner State of Minnesota Department of Public Exariiner ' Room 290 St. Paul , f4lnnesota Dear �dr. Whitaker; When someone loses or misplac�s a check, vre have been requir9ng them to fill out a form called the "Inderinity Lond for Lost Order or '�Jarrant and Affidavit." Is this form still nectssary, or could the City merely stop pay:�cnt or� t'ie check and issue a new check? MCa:sh Very truly yours, Marvin C. 6runsell Fin�nce Director � 0 �; , � 0 fi� ' ' � ' 1 � ' � ' ;.o;,: �; / •: + � � -�.; � .....,.� � i• y ' r'� -✓'�y � l� � � � l� ��� ' � �� STATE OF MINNESOTA DEPARTMENT OF PUBLIC EXAMINER SAINT PAUL 5510i May 7, 1970 Mr. Ma.rvin C. Brunsell Finance Director C ity of F ridley 6431 University Avenue, N. E. F ri dley, Minne s ota 5 5 421 Dear Mr, Brunsell: ' I have you r lette r of May 5, 197 0, c onc e rning the procedure required to issue a duplicate order-check to replace one which has been lost. M. S. A. Section 47 1. 415 (last amended in 1961) requires the filing of an affidavit and an indemnifying bond prior to the issuance of a duplicate to cover a lost or destroyed order-check. However, the 1961 amend- ment permits the city council to waive the requirement of an indemnifying bond. . Thus, if your council is following this procedure, all that is presently needed is tl,e affidavit rcc�uirea �y the law. The form you referred to in your letter is out- moded, in your case, insofar as an indemnifying bond is required. R.AW:mr Sincerely, � � � � �� �`�����- -�- � Rob e rt A. W hitake r Public Examine r fz`� ' RESOLUTION N0. ' A RESOLUTION ORDERING PRELIMINARY PLANS, SPECIFICATIONS, AND ESTIMATES OF THE COSTS THIIZEUF: STREET IMPROVEMENT PROJECT ST. 1970-4 (ADDENDUM ��2} ' ' II I ' I ;, ' , � , ' � � ' �', ' BE IT RESOLV�D, by the Council of the City of Fridley as follows: 1. That it appears in the interest of the City and of the property owners affected that there be constructed certain improvements, to-�it: Street impfovements, including grading stabilized base, hot-mix ' bituminous mat, storm sewer and other facilities located as �ollows: Road on the West side of Target Warehouse: Locke Park East Parking Lot Railroad tracks to 73rd Avenue 2. That the �ity Engineer, Nasim M. Qureshi, City Hall, Fridley, Minn. is hereby authorized and direct�d to draw the preliminary plans and specifications and to tabulate the results of his estimates of the costs of said improvements, including every ��em of cost from inception to completion and all fees and expenses incurred �or to be incurred� in connection therewith, or the financing thereof, and to make a preliminary report of his findir�s, stating therein whether said improvements are feasible and whether they can best be made as proposed, or in connection with some,o+her improvements (and the estimated cost as recommended),including also a description of the lands or area as may receive benefits therefrom and as may be proposed to be assessed. 9� , 3. That trie City Clerk shall act to ascertain the name and address of �„� the owner of each parcel of land directly affected or wi.thin the area � of lands as may be proposed to be assessed for said improvements �and each of them�; and upon receipt from said �.gineers of t:�e said preliminary report, calculate estimates of assessments as may be proposed relative thereto against each of said lands.� ' 't .. 4. That said preliminary report of the Ehgineers and estimates of assessments of the Clerk, shall be furnished to the Council, and ma.de available for inspection to the owner of any parcel of land as may be affected thereby at any public heaxing held relative thereto, as well as at any prior time reasonable and convenient. ADOPTID BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS i r� DAY OF � %` r , ' ATTEST: CITY C?,�K -:•Iarvir C. Brunsel l MAYOR - Jack 0. Kirkha.c� 7�1 ' ' ' , L__i � ' ' ' , RESOLUTION N0. � � � T A RESOLUTION RECEIV�NG THE PRELIMINARY REPORT AND CALLING A PUBLIC HEARING ON THE MATTER OF THE CONSTRUCTION OF CERTAIN IMPROVIIKENTS: STREET IMpROVEMENT PROJECT ST. 1970-4 (ADDENDUM �t2) WHEREAS, the construction of certain improvements �s deemed to be in the interest of the City of F�idley and the property owners affected there- by. BE IT RESOLVED, by the City Council of the City of Fridley, as fol- lows; 1. That the prel.iminary report submitted by City Engineer, Fridley Nasim M. Qureshi, P.E. is hereby received and accepted. ' ��4 2. That this Council will meet on the � day of JUNE 1970 at 8;00 o'clock P.M. at the City Hall in the Ci.ty of Fridley � for the purpose of holding a Public Hearing on the �mprovement noted in the Notice attached hereto and made a part thereof by reference, Exhibit "A". 3. That the area proposed to be assessed for said improvements and each of them as noted in said notice are all the lands and areas as noted in said notice: All of the same to be assessed prvportionately according to the benefits received. ,� 4. That the City Manager is authorized and directed to give notice of such Public Hearing by publishing a notice thereof in the official newspaper of the City of Fridley according to law, such notice to be ' substantially in the form and substance of the notice attached here- to as Exhibit "A". � ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS ��' ,,:; � � DAY OF ,� _, , �' , 19 70 . , �. ' ' � ' ' ATTEST: CITY CLERK - Marvin C. Brunsell MAYOR - Jack 0, Kixkham 71 OF'FICIAL PUBLICATION CITY OF FRIDLEY , (EXHIBIT A) ST. 1970-4 (ADDENDUM 4�2) NOTICE OF HEARING ON IMPROV��NTS WHEREAS, the City Council of the City of Fridley, Anoka County, Minnesota, has deemed it expedient to receive evidence pertaining to the improvements hereinafter described. �TOW THEREFORE, NOTICE IS HLREBy GIVEN THAT on the day of — JL"-e, � 1970 at 8�00 o'clock P.M. the City Council will meet at the City Hall in said City, and will at said time and place hear all parties interested in said improvements in whole or in part. The general nature of the improvements is the construction (in the lands and streets,noted below) of the following improvements, to-wit: CONSTRUCTION ITEM Street improvements, including grading, stabilized base, bituminous surfacing, storm sewer system and other facilities located as follows: Road on West side of Target Warehouse: R/R Tracks to 73rd Avenue Locke Park East Parking Lot ESTIMATED COST . . . . . . . . . . . . . . . . . . . . . . $ THAT THE AREA PROPOSED TO BE ASSESSED FOR SAID Il�ROVEMENTS IS AS FOLLOWS: For Construction Item above __________________________„__________ All of the land abutting upon said streets named above and all lands within, adjacent and abutting thereto. All of said land to be assessed proportionately according to�the benefits received by such improvements. That should the Council proceed with said improvements they will consider each separate improvements, except as hereafter otherwise provided by the Council all under the following authority, to-wit: Minnesota Statutes 1961, Chapter 429 and laws amendatory thereof, and in conformity with the City Charter. DiATED THIS �_ DAY OF , 1970, BY ORDER OF THE CITY COUNCIL. � Publish: ' MAYOR - Jack 0. Kirkham �� _ �. _ C L A I M S GENERAL LIQ UOR 21322 - 21468 4444 - 4501 � r .s � i �"t1�� � , ' 0 ' LIST OF LICENSES TO BE APPi�OVED BY COUNCIL AT THE 1�ETING OF MAY 18 L 1970 .._. ��._ ._�_. ' SERVIC$ STATION iPPRAVED HZ B3.11 � s Service 3709 Marahall Street N.E. Huilding Iaapsotor Fridley, Minnesota By: Willi�un Svetin F'ire Inapector 'Cauntry Boy Station Store 1301 N.F. MissiBaippi Street Fridley, Minnesota 'Toqn Ryan Conoco 6389 University Avenue N.E. Fridley, Minnsaota ' OFF SALE BEER 'Fridley Food Market 8154 East River Road Fridley, Minnesota ' FOOD ESTABLISHIKENT Fridley Food Market '8154 East River Road Fridley, Minnesota ,Don's Qulf Station 53n0 Ceatral Avenue N.E. Fridley, Mi.nnesota ��Sears Roebuck & Co. b199 Highxay 65 N.E. Fridley, Minnesota , C' ' ' , ' � Vending Machines Only ' By: John D. Baucom, Jr. By: Thaanaa F. Ryan By: John A. Rieck Byi John A. iiieck Bys Doaald J. Michaela By: Viking Enterprisee Building Inapector Fire Inapeotor Building Inap�ctor Firs Inapect�or Chief o! Polics Hsalth Inapector Health Inapector Health Inepsator Health Inapector �y � LIST OF CONTRACTOR'S LICENSES TO BE APPROVED BY COUNCIL AT THE MEETING OF May 18, 1970 EXCAVATING APPROVED BY Lenny Cochran Excavating Inc. 6537 Central Avenue Minneapolis, Minnesota By: Leonard Cochran Bldg. Insp. Mike's Excavating Route 4�1, Box 335 Anoka, Minnesota By; Mike Kircher Bldg. Insp. Park Construction Company 51-37th Avenue N.E. Minneapolis, Minnesota By: Duane E. Prairie Bldg. Insp. GAS SERVICES Schnapp Plumbing & Heating 937-88th Lane N.W. Coon Rapids, Minnesota By: Stanford Schnapp Plbg. Insp. GENERAL CONTRACTOR Chucks Construction Company 3800 Hayes Street N.W. Columbia Heights, Minnesota By: Charles J. Nelson Bldg. Insp. Custom Blacktop Construction 7651 Central Avenue N.E. Fridley, Minnesota By: Marlo June Bldg. Insp. Bud Johnson Construction Co. 4517 Belvidere Lane Edina, Minnesota By: W. M. Johnson Bldg. Insp. R-Lee Construction Company 3307 North Highway ��100 Minneapolis, Minnesota By: Albert Blazevic Bldg. Insp. Smith & Anderson Inc. 912-40th Avenue N.E. Minneapolis, Minnesota By: Ronald E. Smith Bldg. Insp. HEATING Schnapp Plumbing & Heating 937-88th Lane N.W. Coon Rapids, Minnesota By: Stanford Schnapp Plbg. Insp. i i; � � i � MASONRY Cedar Concrete Company Inc. 7720 Wentworth Avenue South Minneapolis, Minnesota Johnson Cement Company 5801 Lyndale Avenue North Minneapolis, Minnesota Victor Loeffler Construction 5135 Greenwood Drive Moundsview, Minnesota BLACKTOPPING Fairfa.x Asphalt 5841 Zenith Avenue North Minneapolis, Minnesota By: William Smith By: Robert L. Johnson APPROVED BY B1dg. Insp. Bldg. Insp. By: Victor H. Loeffler Bldg. Insp. By: John Pfaff Bidg. Insp. GENERAL CONTRACTOR Dailey Homes, Inc. 8510 Central Avenue N.E. Minneapolis, Minnesota 55433 By: Howard C. Thorson Bldg. Insp. � ��i�: ESTIMATES TO BE CONSIDERED BY CITY COUNCIL, MAY 18, 1970 Minnesota Onan Corporation 2525 East Franklin Ave. Minneapolis, Minnesota FINAL Furnishing and Installing 85KW Electric Generating System and Control Morgan Equipment Company P.O. Box 4184 Madison, Wisconsin 53711 FINAL Balance on Siren Equipment Electric Service Co. 1609 Chicago Avenue Minneapolis, Minnesota 55404 FINAL Installation of Outdoor Warning System Comstock & Davis, Inc. Consulting Engineers 1446 County Road "J" Minneapolis, Minnesota For Furnishing Professional Engineering Services on foldowing projects: FINAL Estimate No. 1, Sanitary Sewer Improvement Project ��96, Addendum No. 1. FINAL Estimate No. l, Sanitary Sewer Improvement Pro ject ��96. PARTIAL Estimate No. 1, Water Improvement Project ��95, Schedule B For the staking out of the construction d,ork for the following projects: Partial Estimate ��6, Sanitary Sewer Improvement Project ��96, A<idendum ��1 from March 30, through April 25, 1970 Partial Estimate ��4, Sanitary Sewer Improvement Project ��96 from March 30, 1970 through April 25, 1970 $ 12,577.00 $ 1,716.00 $ 7,100.00 $ 1,247.30 $ 1,007.71 $ 22,710.15 $ 66.26 53.68 y. - . 1 i ESTIMATES, MAy 18, 1970 PAGE 2 Comstock & Davis, Inc. (Continued) Partial Estimate ��7, Water Improvement Project ��95, Schedule A-1 - Wells �k10,11 from 3-30-70 through April 25, 1970 � Partial Estimate ��7, Water Improvement Project �k95, Schedule A-2 - Well �k12 from March 30, 1970 through April 25, 1970 , Partial Estimate #4, Water Improvement Project �k95, Schedules E& F from March 30, 1970 through April 25, 1970 Partial Estimate ��7, Water Improvement Project �k95, Schedule A-3 - Well ��'13 from 3-30-70 through 4-25-70 Partial Estimate ��6, Sanitary Sewer & Water Improvement Project No. 93 from 3-30-70 through 4-25-70 �� $ 323.80 238.39 52.27 38.02 1,668.33 . .� _ _ _�__ _ ' . --__.�_ - _ _ .' - `i . . .. _ _.. . __ .. .. . ._ _ __. . i.. �_ __ ---- . . ������0�� ���� �r����i�.�YIO� INVOICE _._ �:� � � � 2525 E. Franklin Avenue ��C''��' -�.--o (612) 338- 8796 " Minneapolis, Minnesota 55406 CUSTOMER'S ORDER NO. - DATE DA7E ENTERED SALESMAN OUR ORDER NO. � INVOICE � Q�p���} �. � SHIPMENT � 2 g 21 5023 � LLYL6iL NUMBER NO• 50 25 - 'SOLD City of Fridley TER"'S: Net N�o��E 4/30/70 ro 6431 Universit � y .Ave NE o�TE � � Minneapolis, Minnesota 55421 a��PPEo ' SHIP ` � TO t f'REOUESTED PPD COL. ROUTING F. � B SHIPPED � VU L i J B. O. �� ORD'D. � SHIPPED D E S C R I P T I O N Furnish and install 85KW Elec Generating System and Control 1 1 Onan Model 85KR-4R8/9294L Generator Set and accessories s/n 205073 1 1 Onan Model LTD800-4/7275C �utomatic Control s/n 211252 1 1 300D630 Annunciator c UNIT PR�CE I AMOUNT Tot NET $12t 577.00 � NOTE: PARTS SHOWN ON THIS INVOICE TO BE RETURNED MUST HAVE OUR AUTHORIZATION AND SHOW THIS INVOICE NUMBER A 10% HANDLING CHARGE WILL BE MADE FOR RETURNED ITEMS. G A'S O L I N E A N D D I E 5 E L E L E C T R I C G E N E R A T I N G P L A N T S • G E N E R A T O R 5. A i R- C O O L E D E N G I N E S ' _ _ � . ,� - - - -- , � � ,. _ � • , i ' . _ �_ _ � � � • �, , • � � . L � �: � . ' ' . \ , . .. . , - . • . . � , � • _ � i � ;�� : ��� � ' Telrphone: 608-271-3711 I ' i i I ' � , �' — � ' � ., ,� , . � , ,�, , ,� . C� �«w��iletc -�'�ce o� i"�.°u��� �gu�e�at MADISON, WISCONSIN 53711 P. 0. BOX 4184 May 8 , 1970 Mr. Robert Aldrich, Director Fridley Civil Defense 6431 University Avenue, N. E. Minneapolis, Minnesota 55421 Dear Mr. Aldrich: Re: Federal Project No. 600- -70 State No. Minnesota 600- -70 Fridley Municipal Civil Defense . Fridley, Minnesota. Subsequent to my recent inspection trip to Fridley for the sirens and passing of the monthly siren test in the metropolitan area with no contact from you, I have assumed all sirens functioned properly. I hereby submit one invoice for the balance of the ten percent of the contract entered into between the City of Fridley and our company. This letter invoice is for and in consideration of the sum and price of $1,716.00 Ltemized as follows: . Dec�mber 3, 1969 CONTRACT TOTAL ..............$17,160.00 Less g0� February 6, 1970 paid invoice.......$15,44�.00 Net Contract balance due .....................$ 1,716.00 This letter invoice is reference your purchase order No. 5017 dated December 3, 1g69 which was signed and returned with our February 10� letter. Thanking you for your consideration and the opportunity for our company to be of service to the City of Fridley. . . Sincerely, � MORGAN EQUIPMENT COMPANY u <"�`' c� :, —� �� /'�(.�ti' .(�.�= Richard E. Dieter Siren Division RED:jh � ._ s� 0 . •. - , . s ' _ _ . _ _ . _ . .. - � � .. . . i_.,, . ---- _ _ _ . . . ' 4 ... .. `J� ' INYOICE � Bus. 932-8476 ��.s4s �tr�, � �"��� � RES. 922-6193 � k �C* '� ► LS�� r �.. � � ��p�� �� . �.� . f•.. . . ' � N � �'� ^.^��^++�..ni«• ��.. �`� . ) � �K: 4� ��.. .. r; � esr a �1 At, : :o �� � � ;. �. .. ►�R. a.. 6v' �,. �' 1609 CHtGAGO AVEtVUE `rv . �r. _ �o�n ��tagneddCue Electrical Cvntractor MINNEAPOLiS. MINN. 5540A ''`^rr.?� 13 19 7f� ' . Ci.t,l .of Fr�_�?.ey � fi�;31 L?r.i.�7er�it;T Are. *?.E. , ?'ir��Lr?ol.is �'ir.n. 55��?_1 �i.-�"+�?F,'� ' ' �`� �'.,.• ' ' ' P,e: Insta�._l^.ti.er. o£ Outdcor �{?^rnir.� S,.��s�e.: � . P. 0. �502�� , � { - � o �' EJ.ectric.� 1 :.^.�r..eri�l and labor as per contr� ct . . . . . . . . . . . � 5,00�.00 i ', _ _ _ _ _ ! Re: ?,�st^11�t?o� of C:.±-r_�oor "arn� S�,�r�;, : , P. �. �;`3351 ' ! a j , E.1_C.CtY7.C�^I mate'r�cl an�' l�.bor �s ner coatr�ct . . . . . . . . . . • " ?_,100.�0 '� ' � � ; ' � � . ' , , , ' � _ . _ __ ____ __ _. _ , _ _ , . �.. , � _. ' , , � „ � ,. � ' v , ; ' ' \ � . � . . ' _ . . ... • . , . .. , .- • .� co�,sxQ�.� � D��.s, z��. 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C4:i'�SVVbi F:+ l�i'L�9.9.J9 �A'3iio • � � � ��.�r " � . f ������� . ,� � ��. BY ..�..v � ��,,.�..�. , E. �'. C�°��� ca�'.:y 1'a E. E��%�: . �2 I � Q GOiy:�TUC'.t� � p�VZS, �rIC. Ccs�s�3.�3.n� �ng�t2�wis 3��6 Go�.n�.y P.��i�l ".I" I�f�.�nr��ola.�, Y�s�.�g�2:a 5��a�2 I�iWy 1.,, ].�'70 Hos�a����.e 21��ra�� �4 ��.�� %o�,��a�3 € C�f+ T�iis'o �{S ��?1 �f3!Cti'ii°.�g Ci�.�."� �'�`s?�3cZ�?.°". ��.��J t�� T'�.�Ci��;y 64:��. Ltn�t�;�-:�:�� �y �'a����ts� I3.�o I�i.�,�a��:Y��?:�.�, i�.:an�L�,�� 5�1c2�. Giaa� � ���n : CFR'�Z�'%�m"'��E C7� �'4�'r'� �'�'.ut°alri��?: �C'. Y:e�.'z:�:s�y ;3i?'iliJ:l� �:;e"'.t��eli.� T�Oo �e ltl�i' Y7.F1Rg G-�;3i:'$S:l::.�€.'� �6,3s Ci3��'a'�4�i` s' s � � °.E�y�^a., %nc.9 �.t.t�� C�a���-� n�w�3 ���t�n �'i:�.n.:�c:��;ss���, Z��.�nr��:��a�� ���.A�?, ���- ��� az����ix�.ng o� �'a-a����:a.c�>��1 J�r��-�rz�y�3_�� ���,vw��s b�� p�.k���a�g 5�:�:�t�.� S�:�e� �rv��o��t��m� P����y.`4. �vY�o 7�7s ������ ����a�'��3u�UEtfS P�..l.�� $�EiaT�°J�pi� �'`G� �..5'.a�'S3�GR^ " �� � 1��.y�Q�o��. ��SJ��!Y� �'.F�`2'7 JV�s .. c s r s . e e e•• o e o 0 o e e e• e a���V1d�o�.F. � �sF.'yu�7wG�bt��.Z�.i.�'�' £t3�.°'y..'�'�'�P.t�.9 . C�3;��`��3C':+: & L `�.ts"�..5 a F.�1C • �i�j�/'�'� c...:�• � � $ r 4� �� ���/� ,�""'-�'` 4�� �--�-�-- - - - — --- - - -.,......._n.,o..�....e.o.� , E. �. �s3:c����?�, P.IEe S�CArl� . � � ��� � MURPHY 011 COkPORATION City Council City of Fridley 6431 University Ave. N.E. Fridley, Minnesota 55421 SUITE 304 4600 W 77th STREET MINNEAPOLIS, MINNESOTA �5435 May 11, 1970 RR: SPL1R b'�:RVI(;N� STA'i'lON E. itiver Rd. !� Mississippi Fridley, Minneaota Gentlemen: We are in the process of completing our new facility at the above location and plan to complete approximately June 1, 1970. I am very much concerned with the indicated prupe.rty for the right turn lane and what other improvements you may incur on Mississippi Street. It is, of course� important to us in reference to grades as well as appearance� and we would very much like to come to some decision in the very near future. I would like to have some agreement or infor- mation as soon as possible concerning this property so that we both may equitably solve our problema. If I can be of further assistance, or offer any other information� please contact me at Murphy Oil Corporation, 4600 W. 77th Street, S� ite 304� Minneapolis, Minnesota, (920-5241). CJZ/jo CC: County Engineer N. Qureski � u� , Very truly yours� . �. Charles Zotyka Construction Engineer �• - D� 1 ' ' ' �y , .� � �����Q �... � � � � :✓�` ( � � ,� 1 - �� �� ���� �� . lZ��rr-r � �� ��:�� ' , ! ; ��_, �__._. � , ; ✓��-' v- " r % -�f� �D 0 � � i� - • . , , ' � � / � / � � � �� - . ,, � ���L� y �? � _ -`�� , � � ; . �, �� ..�_ , _ ��L� � ' � ����� � �� � � ,- � z,�" � �� ; ' ' ���;,�.,��� �-? E � '� ��r ����� � � � � ��� ���� � - ' . , �-- /� -�� -� , � � � � ,��� �� ���� ��� � ��'�L�2� �` , � �� ,��" �� , � �, �, � J "_; "- L%��'" � � Gk -� ��-�'���c �� , ` [�� �� .. L�i. ifr/� , . ' � � � i .,�-��� .'�- -� ___ _- -- ��-e� .� �� �f,' � �� _. , .,�,��. -c��Y�- ��-b ,�i��'✓�� �i2' " ' ._ � �.,� �i(�' ' � � ,2�G-(�� ; ��� �' J � �� �� . � _. � � c ��— �����,- ' . �� � c��' ��� , . ���-� �— � . _._----��G✓��' ' �. 1� ,� z`-�" � � / �" � 1 ' � � , �,.,��;,+ .�- ti/� � � '' �,i -�.��-- v-" ��. , � � �,��/ ����-��-�-��- � �� .. `�' r i��� tt 55�' 4- 3-�-�- April 30, ly7t� �r. p�arvin j3runsell, �ity �lerk Eridley �ity Hall bl}.31 University Avenue N. E• Fridley, Ninnesot a S�l}.21 Dear ;;gr. grvnsmll ; Hegarding the 100.00 reftiind of ses�r hook-up fees for homes at 111 l}.�th Ave. N. E• �d �571 2�} �t. �r.E. Inasmuch as �amp �onstruation Corporat�ion purchased the land, building permits and all rights to said properties from Twin �ity Builders and then built hornes on said propsrties and sold same, we feel the monies refunded ahould go to the home buyers vrho have in �ff-ct r�simbursed C�P Co�truction Corporation through the purchase price of the homes. your s t�uly, / , i- - � � �� i �� � 6�' ��� __ , �� � _ _ , J-�-� _ am D. C�P, JT'• C�P Conatruction ;orporation CCC:dc �iF; ' e�eeme� � - �' � � �. �� i:. � '���� � a,�{.�6i _. _ (, :.�.'.�. l�fi'�6 � .f.'— _.''?�.�?��': �� 560-3069 _ �NE, Pastor , k ; � �� ' ��`�� _..�. ,.. it� ' ,: . May 13, 1970 - �, :��� �1 ��: i .��:� �� � _ �" t+ . :n• _ � � ,•� i!� :.. �si�we�: Sf0-Si7� Fridley City Council Fridley, Minnesota 55421 Dear Sirs: The Redeemer Lutheran Church Softball Team will play the KDWB disc jockeys on June 16th at 7:30 PM on the Commons Field, Number 2. We would like to receive permission to re- ceive donations at this game, with the proceeds going to the Christian Homebuilders Missionary Fund. May we hear from you at the earliest convenience? Thank you: .;�u�c:reiy, Arnold M. Stone, Pastor Redeemer Lutheran Church AMS:cw PUBLIC WORKS DEPARTMENT CITY OF FRIDLEY MONTHLY REPURT - AYRIL 1970 STREET DEPARTMENT HOURS 1. Cleaning . . . . . . . . . . . . . . . . . . . . . . . 252 2 . Grad ing . . . . . . . . . . . . . . . . . . . . . . . 23 3. Gravel Hauling . . . . . . . . . . . . . . . . . . . . 72 4. Gravel Surfacing . . . . . . . . . . . . . . . . . . . 2 S. Miscellaneous Street Work . . . . . . . . . . . . . . 263'� 6. Patching . . . . . . . . . . . . . . . . . . . . . . . 324 7. Shop Time . . . . . . . . . . . . . . . . . . . . . . 107� 8. Signs and Barricades . . . . . . . . . . . . . . . . . 105 9. Equipment Repairs - Street . . . . . . . . . . . . . . 215 WATER DEPARTME[VT 1. Filtration Plant Operations . . . . . . . . . . . . . 293� 2. Final Readings and Collections . . . . . . . . . . . . 50 3. Hydrant Repairs and Flushing . . . . . . . . . . . . . 53'� 4. Miscellaneous Water Work . . . . . . . . . . . . . . . 165 5. Pumphouse Work . . . . . . . . . . . . . . . . . . . . 71'� 6. Standpipe Repairs . . . . . . . . . . . . . . . . . . 22 7. Valve Inspections and Repairs . . . . . . . . . . . . 30 8. Water Meter Inspections and Repairs . . . . . . . . . 44 9. Water Turn-ons . . . . . . . . . . . . . . . . . . . . 10 10. Watermain Breaks . . . . . . . . . . . . . . . . . . . 118'� 11. Watermain Taps . . . . . . . . . . . . . . . . . . . . 7 12. Water and Sewer Inspections . . . . . . . . . . . . . 3 13. Equipment Repairs - Water . . . . . . . . . . . . . . 21'� SEWER l. Lift Station Inspections and Repairs . . . . . . . . . 129 2. Miscellaneous Sewer Work . . . . . . . . . . . . . . . 108 3. Sanitary Sewer Break . . . . . . . . . . . . . . . . . 6 4. Sanitary Sewer Cleaning . . . . . . . . . . . . . . . 127 5. Sanitary Sewer Inspections . . . . . . . . . . . . . . 192 6. Equipment Repairs - Sewer . . . . . . . . . . . . . . 35 STORM SEWER DEPARTMENT 1. Catch Bas,in and Storm Sewer Cleaning ......... 100 2. Miscellaneous Storm Sewer Work . . . . . . . . . . . . 84 ' � �J ' � , � ' ' �� ' , ' , ' � � Page 1�io PUBLIC WORKS DEPARTMENT MONTHLY REPORT - APRIL 1970 MISCELLANEOUS 1. Cleanup - Earth Day . . . . . . . . . . . . . . . . . 2. Fire Department . . . . . . . . . . . . . . . . . . . 3. Fire School . . . . . . . . . . . . . . . . . . . . . 4. Flood Control . . . . . . . . . . . . . . . . . . . . S. Insurance Meeting . . . . . . . . . . . . . . . . . . 6. Park Department . . . . . . . . . . . . . . . . . . . 7 . S ick Leave . . . . . . . . . . . . . . . . . . . . . . 8. Vacatiuns . . . . . . . . . . . . . . . . . . . . . . 9. Water School . . . . . . . . . . . . . . . . . . . . . 10. Weekend Duty . . . . . . . . . . . . . . . . . . . . . 11. Equipment Repairs - Engineering . . . . . . . . . . . 12. Equipment Repairs - Fire Department . . . . . . . . . 13. Equipment Repairs - Liquor Stores . . . . . . . . . . 14. Equipment Repairs - Park Department . . . . . . . . . 15. Equipment Repairs - Police Department . . . . . . . . HOURS 27 20 56 8 2 93 S1 88 24 16 3� 3 25 81 ' �� �� � . � ' � � �' � ' � ' ' � , � � ' ;; , City of Fridley, Minnesota Office of the Building Inspector TOPIC: MONTHLY REPORT TO THE CITY MANAGER APRIL 1970 TYPE OF CONSTRUCTION Residential Residential Garages Alterations & Additions Multiple Dwellings C ommnerc ia 1 Industrial Municipal Churches & Schools Hospitals Signs Moving & Wrecking OTHERS Heating Plumbing Electrical Residential Residential Garages Alterations & Additions Multiple Dwellings Com�nerc ial Industrial Municipal Churches & Schools Hospitals Signs Moving � Wrecking NUMBER OF PERMITS ISSUED 1970 1969 THIS YEAR LAST YEAR APRIL APRIL TO DATE 1�0 DiATE 3 9 12 48 5 14 6 18 17 - 15 51 31 0 0 0 1 0 0 0 7 0 1 2 ,5 , 0 0 0 p 0 0 0 0 0 0 0 0 8 6 - 20 17 0 0 4 1 33 45 95 128 18 35 38 103 ' 17 36 29 107 33 52 54 171 68 1�3 121 381 ESTIMATED VALUATIONS OF BUILDING PERMITS ISSUED $57,000 $211,000 $294,000 $1,066,900 7,700 26,270 10,700 31,145 45,000 39,050 168,850 315,020 0 0 0 1,300,000 0 0 0 445,500 0 20,000 100,000 1,140,000 0 0 0 p 0 0 0 p 0 0 0 0 9,400 3,315 18,297 12,615 0 0 600 600 $119,100 $299,635 $592,447 $4,311,780 e � TYPE Blacktopping Excavating Gas General Heating House Moving Masonry Oil Heating Plastering Roo f ing Signs Well Drilling NUMBER OF LICENSES CURRErTTLY IN EFFECT AND LICENSE FEES COLLECTED TO DATE NUMBER FEES COLLECTED 9 $135.00 23 345.00 42 630.00 122 3,050.00 56 840.00 2 30.00 31 465.00 6 90.00 6 90.00 2 30.00 11 275.00 1 15.00 311 . $5,995�00 PERMIT FEES 1970 1969 THIS YEAR LAST YEAR PERMIT NUMBERS TYPE APRIL APRIL TO DATE TO DATE ��10,593 - ��10,625 BUILDING $484.50 $707.00 $ 1,442.00 $7,418.00 #8102 -��8134 EI.ECTRICAL 905.05 3,704.00 4,167.10 7,516.00 ,. #4691 -�k4708 HE�,TING 356.50 629.00 1,082.50 3,568.00 ��5102 -��5118 PLUMBING 215.75 1,102.00 565.75 3,555.00 SIGNS 216.00 134.00 478.50 451.00 $2,177.80 $6,276.00 $7,735.85 $22,508.00 0 � � i �������� In�; ���i�� D�p�rtrn��. - �i#� o� �ri�ley NdONTHLY INSPECTION REPORT �����; April i(���': i9�o This Last 1970 I969 Year Year ������� ����������� April April To To - - -Date Date ou�_ ns : ew onstruction _ ._6 ___._ _ Footin s: New Construction 3 Framin�s $ Reins�ections __ _ _ 2g ____ __ __ ' or ot �eady o.r�eJ ected_ 21 _____— igns 15 t�o -WorTc-�ste3– – - Vio ations Checked � � , � Dan�erous Bui1 ings 2 �- omp ain s ec e 22 SR ---- � � � ' � __ •� _ isce aneous _ , � ina s: Resi ential ' ina s: ommercial �—In�ust. — � � Total Inspections � . Permits Issued Time Off/Sick Leave ou ns: ew Services Reins ections • Work Not Readv or Rej ected ' � Dan erous uildin s � I�4iscellaneous � � Finals: Resi.3ential � �.� ' � � Fina s: Co�mercial In ust. � � Total Inspections � � � Permits Issued ' Time Off/Sick Leave ' Rou h Ins: Ner� Services Reins ections , � . Work 2dot Resd or Re ' ected_ ' _ ____ Si ns � Dan erous Buildin s �-,�,� T-9 i� ce 1�. �n � ou s � �� �.��1�: l��sa.�ti�l ' � � Finals: Co;�unercial Indust. � Total Inspec�ions, � Pe�mi.t� I�sued Time Off/Sick Leave 28 Hrs. 22 _....---- 0 3 � Iirs . � r �r � HALL, SMITH, JU.S,TER, FEtKEMA AND HASIGVITZ �� - - � ��, ;_ -� ��"��� � :�- �" DOUGlAS HALL WYMAN SMITH LEONARD T. JUSTER MENRY H. FEIKEMA RONAL� L. HASKVIT2 JAME5 R. CASSERLV Mr: Marvin Brunsell Finance Manager 6431 University Ave. N.E. Fridley, Minnesota 55421 Dear Marvin: _� � � �� � lOSO BUtLDERS EXCHANGE BLDG., MINNEAPOLIS. MINNESOTA 554�2 P H O N E 3 3 9- 1 4 6 1 • O F F I C E 5 I N: O 5 5 E O, F H 1 O L E Y May 15 , 19 70 In re: Harris - National Container Co. - Onaway Addition Matter In reference to your inquiry at the Monday night meeting regarding � assessment for one-half of the street for the cost of the right of way that must be acquired, I do not believe this wou�d be a valid assessment procedure. The problem appears that the platted portion in Onaway did contain a dedication of 33 feet to the City for strictly utility purposes, but the unplatted property owned by National Container Co., formerly Dworsky Barrel Co. and Mr. Johnson, did not have any portion dedicated for road purposes in this acquired by condemnation. Discussing the matter with Wyman, who is handling the condemnation for the City, he indicated that it was agreed with National Container Corporatian that they would give the City the necessary right to enter the property for construction and a procedure had been worked out where the property �ould be app-raised by a neutrally agreeable commissioner and an award made to them without the expense of a formal Court proceedin�. Wyman is proceeding on that basis, and in the absence of further direc- tion of the counsel, an award will be made to National Container Corporation, for. the land needed. It is likely that this award will be substantial because appro�imately one-hal.f acre of. land is being taken and the land may be appraised for approximately $15,000.00 per acre. � � ,. � Mr. Marvin Brunsell May 15 , 19 70 � Page ltao It was Dick Harris' objection that he is the c�mer of land in a plat where the easement was dedicated and the City is spending public funds to acquire future and additional easements. I don't quite see the logic in this argument since the City engineer indicated no land was dedicated by Richard Harris for easements and it is not practical to construct a road and utilities along a 33 foot Easement. The City has always been required to condemn for right of way purposes when the owner would not donate the property and public funds have alwa�s been used for this purpose. � The cost of acquisition of the right of way is a cost that will be assessed against the benefiting owner and it would not be a proper assessment procedure merely to benefit one-half the street rather than both sides of the street since it appears obvious they would be benefiting also by the widening of the street and the easement to be acquired. Of course, National Container Corporation would be assessed a portion of the assessment so that, in effect, would be paying back at lease 50% of the money they receive. ` LTJ/vn cc. Homer R. Ankrum Ver truly yours, Leonard T•: Juster � w � DOURLAS HALL �WYMAN �9MITW LEONAR.LI.T..IUSTER HENRY H. FE�KEMA RONALD L. HASKVITZ JAMES R. CAS5ERl.Y � , # � HALL, SMITH, JU5T�R, FEIKEMA AND HASKVITZ �ATT�RNEYS AT LAW ��,M�;tnc�:. :� t':�.vl.s �.���t;.F) �,Q�:�t;� i�i>:::� .� 1�`int���pol:i4, �`i.nnesctc� 55432 �:tte�tian: ttr. Co� rtoC?t r�a.r :+Ir. Ca:rs�oc�: 10S��B11tLDER6 EXCHAM.GE>BL�O. � MIPINEAPOLIS, M�NNEfiOTA 554p2 � PHONE 339-1481 � OFFICEB INf ' OSSEO COON RAPID3 iRIDLEY �Ssy 3.5 s �`� 7fi . �.i ��^S'�.bl C1.I�i:,':�3� E'^G: 11,� c T�.�':'+n C7°IC.uT:':�.I?£' ;:YC;�,°C� ^'�:�'T' `>"):; iaF;BYi:�3�j . .. 1 _ `,_ -I;s?i.ca.r. f1 r,..:..� .' =r� co •).,. .�� .�_ .�T,:.r �� , .�. .. _ � , . . ,� ..I t �. r1.. I'�i �.•,�� � ' ��'�'�.1. �.�- +.�. .. . .'_ �. .. . �• : n�. � , � J . �1 ',�� • 1Z�; .3aS^�F:t'.Y .�?i'::C��ltii:� Oif �[I.`_' �C2(a�.�': 1� j-i-: tilf! LJd� :� Fy'.r�Y".i: '..�1:�.��.. �. T. t�j.� uj �Cl r t'•tL Ti1"C� �.'3^? witii, C`�C� ?l:,ri:?. :r. � i''.� t' ?�it Ci.i` °y t-:L�?C?iL�C•�F3 � � �" �?l.g + C'_i.£�CU� . J tt;" :`:E`i,.'.::T' T•'�l".i2 ;•'Oy a c�f t`i._ i 1..�� ,� t_; 1oC�? 1..3 . L � j- i`a�,'°.SE.. ���'?:?:3�.L ,ciE:�%:°�.C:r?!.f�. 3.v �fl� ��i�41�,�1t �l.f,+T`C''.c�:R�i."' r�iL? i3Ci .Q�.;:s �y .a �:£:}� f?C1��3�t.C1 IS`!: t:T.1�C �C`�`}� LO �lf.l�� E?il �.U�t?X'j.II? 3�1E'E;�:'=:L�t l3V_1i.1.f::V�.G> t� oar c���.�r.lCtnrs ��. �T. 4i���.'�y� a_=3 if ?�e -,-ocicf �i;_n t`re ir.teri� � ft�,Tit?°I��?'t�: C:."'.�j* k'OtIZ.r,'{ ie?� }ii"T! Ci.';1�:�:'.'.3.c Oi'1 �>=�3 jC�t:;. 7'�i�? L*1C£.T_;if,; n. ri t; . .. ., . .� . ` . ' . L i r • ' • _' '�• '• -. .� -� " . �'t `�,yX':;�' �.'2t Y'T7:i11�^t'S ..)Li:1^ 3ti� � j%U7 :?t:JY7. )� i ._. � �c .... � �PCTsc;S4 k*�.C,,: i.�0;U7.��.0:1c1�t? G��'.C�E'-�:s='9 �Ol c1jt�;:i:^i��'•.1_C(', <eJC3t.'� L'r�=. �n4i tiror�.:�.n�, c�iCi.dout Prc,�udic�.� to �i.�� fi:da�. s�ttl.�.:��nt. ia�G iv �� C-?'^ t7.'lfZ�. S��CJ..•_'.:1t�Zi� �OL!J.�` S?CCL'1' OSZ .�l)T, ' �_ El;_:_'•, 3;,'���.�.C1 J�'- r:ii� , ls��a=4r £ig�urt� �!:at c���Cr�ct *�:l�ul.d b� � ��l.ic�'�1.�:. �:��:r�.f�x'e, t�ep i-�zdicr:tad �re c?o hav� r� la,c.�=Lti�r���. e;•�x'��lzcy �1_tuat�.o�. Fr���ur� n'���z�.c�. be ���t c��� D. W. :iic'.-;.��; tc, ��.�°� �'1-i �,Rt��'�3.� a�;reen�n�, 8ltt� j.� Fif.'`L'O�L'��� c'iI1t� �.� taill.i�n� �O :2.!.E'c:%�+c3 i13 i::G`a' �.iiC? Ct:P.i''.ii?C�' Y-2::i° �.i'£"- ��} '�L-1ft��.�?�=i).:i�`.'_7� �}�i.'.Si�lj.R� CO`:l.iY'f;E.'�L�::_'� S?}]+? itrV� E'•�.�^�4i �.�1►.�x�,l.'! f±�;'I:��iY.-.^.S1i:S ti0 CO���.���.� �iI£',. ��iCi3s 0 _ } ,• Co�s�ocSc � Davi� M�y 15 , 1:9 T0 p.q�;e ltao Tlzereforo, I er��l rr:f.er the ra.3ttez back to you to dir�cus� witi� D. W. �ickey, I.et me kknow if I"cstn be o£ �urthar assisCance. They wer� Y�ery ap�reciativc af the er�er��ncy natur� of the project and a1.so I nsa Ruz�e Pir. Save�.koul waul.d intcrvenv in our betialf if it cou2d ba helpFul. , Fexy truly yours, L1'J/��i 1 cc. :I��m Quresi3i Git}� Ln^inGer �''''b431 L'niversitST Av�nuc i•i.�:.. I'r3.d�.ey, Minn� �ot� 55421 ;ir. tio�:er I:. Anl.ru:� CiC.y :�?a:�a� �r �,43].. t;ni,vex:��?.t;; A�;e���.c� -�'.i;. Fri�;It�}', x':.ti;.nc�c,�a 5.5t�21 Leonard T. Jnster � —� � , ��