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06/01/1970 - 5797' ' , L� II ' ' ' , II �' , ' � � � il u r� � � , ' .TUEL MERCER - COUNCIL SECY. COUNCIL MEETING AGENDA 7:30 P.M. JUNE 1, 1970 REGULAR COUNCIL MEETING AGENDA - NNE 1, 1970 - 7:30 P. M. PLEDGE OF ALLEGIANCE: INVOCATION: ROLL CALf.: PRESENTATION OF AWARDS: Certificates of Appreciation to the following; Dr. Milton Williams Police Commission Mr. Gary Stimmler Parks and Recreation Commission Mr. Thomas D. Cochran Parks and Recreation Commission Mr. Earl Biermann Building Standards - pesign Control Mr. Carl 0. Tormoen Building Standards - Design Control APPROVAL OF MINUTES: Regular Council Meeting Minutes, May 18, 1970 Workshop Meeting Minutes, May 26, 1970 ADOPTION OF AGENDA: VISITORS: (Consideration of Items not on Agenda - 15 Minutes) PUBLIC HEARINGS: None OLD BUSINESS: 1. Second 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; Repealing all of Chapter 33 of Che City Code; and Providing Penalties fox Violations of the Provisions Thereof. Pages 1 - 29 Pages 30 - 32 Pages 33 - 35 ' ' REGULAR COUNCIL MEETING, JUNE 1, 1970 PAGE 2 OLD BUSINESS (Continued) 2. Consideration of Amendments to By-Laws of Fire Department (Tabled 5-18-70) 3. Consideration of Remaining Appointments to Committees and Commissions NEW BUSINESS: 4. Consideration of Ordinance Amending Section 45.103 of the City Code Relating to the Lot Area and Lot Width Require- ments for C-1, C-LS, C-2, C-2S Comment: This covers the changes in the zoning ordinance allowing commercial venture on 25,000 square foot lot or 200 foot wide lot) 5. Discussion Regarding Acquisition of Easement on the Southeast Corner of Jefferson and 58th Avenue and Receiving Petition in opposition to assessment Comment; There was opposition for assessing � of Jefferson against the west properties, but the Council proceeded with the improvement. People are coming back with the same objection) 6. Receiving Petition Requesting Additional Storm Sewer in Hartman Circle (Comment: The improvement is proposed for a minimal storm sewer. These property owners are concerned and khey want additional storm sewer system. �� �,q �y �,Q�� idea except the costs are already getting out of hand) Pages 36 - 38 Page 39 Page 40 Pages 41 & 42 Pages 43 - 45 REGULAR COUNCIL MEETING, JUNE l, 1970 PAGE 3 NEW BUSINESS (Continued) 7. Receiving the Minutes of the Planning Commission Meeting of May 20, 1970 8. Receiving the Minutes of the Building Standards - Design Control Meeting of May 21, 1970 9. Receiving the Minutes of the Board of Appeals Meeting of May 26, 1970 10. Receiving the Minutes of the Parks and Recreation Commission Meeting of May 25, 1970 11. Receiving the Bids for Shorewood Lounge (Bids Opened 1:30 P.M., June 1, 1970) 0 12. Receiving the 1970 Audit Report and i�iemo from George M. Hansen Company � Pages 46 - 51 Pages 52 - 55 Pages 56 - 58 Pages 59 - 61 Pages 62 & 63 REGULAR COUNCIL MEETING; JUNE 1, 1970 PAGE 4 NEW BUSINESS (Continued) 13. Discussion Regarding Improvement at Corner of Mississippi Street - Spur Service Station (Comment; The Railroad Company has dropped the idea of a railroad yard in Fridley at this time so there are no further negotiations with the railroad in regard to Mississippi Street underpass) 14. Resolution Cancelling Bond Sale Bid Opening for June 1, 1970 and Rescheduling for June 29, 1970 15. Resolution Authorizing Hazardous Building Action for 531 Fairmont Avenue Northeast. (Cqmment: This building is in poor shape and Administration is recommending legal action) a 16. Resolution Waiving the Requirement of an Indemnifying Bond Prior to the Issuance of a Duplicate to Cover a Lost or Destroyed Order - Check 17. Discussion Regarding Progress of Project 93 - D. M. Noyes 18. Discussion Regarding East River Road Study by Bather Engineering � Pages 64 & 65 Pages 66 & 67 � . REGULAR COUNCIL MEETING, JUNE 1, 1970 PAGE 5 NEW BUSINESS ( Continued) 19. Claims 20. Licenses 21. COMMUNICATIONS: A. NSP: Transmission Line Report B. Comstock & Davis: Regarding Project ��95-B ADJOURN: Page 68 Pages 69 & 70 Page 71 Pages 72 & 73 ' � � . ' ' ' ' ,'I J � THE MINUTES OF THE REGULAR COUNCIL MEETING OF MAY 18, 1970 Mayor Kirkham called the Regular Council Meeting of May 18, 1970 to order a� 7:50 P.M. PLEDGE OF ALLEGIANCE: Mayor Kirkham requested the Council and audience join in saying the Pledqe of Allegiance to the Flag. INVOCATION: Reverend Bergren, Redeemer Lutheran Church offered the Invocation. ROLL CALL: MF.MBERS PRESENT: Breider, Sheridan, Kirkham, Liebl, Harris MEMBERS ABSENT: None APPROVAL OF THE MINUTES OF THE REGULAR COUNCIL MEETING OF MAY 4, 1970: Councilman Liebl called the Council's attention to Page 4, Paragraph 4, and stated that it should read "Interim Chairman Sheridan" rather than "Mayor H�a,rris Pro tem" on the adoption of the motion. MOTION by Councilman Breider to adopt the Minutes of the Regular Council Meeting of May 4, 1970, with the correction. Seconded by Councilman Liebl. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried uannimously. APPROVAL OF THE MINUTES OF THE SPECIAL PUBLIC HEARING AND WORKSHOP MEETING ' ` OF MAY 11, 1970: � MOTION by Councilman Harris to adopt the Minutes of the Special Public H�aring and Workshop Meeting of May 11, 1970 as presented. Seconded by Councilman , Sheridan. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously. , ADOPTION OF AGENDA: Mayor Kirkham said that Items #3 and #5 coricerning N.S.S.S.D. are to be.changed ' around. He said that he had received a letter from George Nelson concerning his rezoning, which he read aloud. In view of the fact that Mr. Nelson is withdrawing his request, this item is to be removed froin the Agenda. � ' ' �, Councilman Sheridan informed the members of the audience interested in this � item that if this item had been denied there would be a six month time limit before he could resubmit plans. Inasmuch as he withdrew his plan voluntarily, he could resubmit a new plan when he is ready. A lady in the audience asked why it was necessary for them to keep caning back and 'fighting this rezoning. Mayor Kirkham told her that it is every land owner's right to try to develop their property, and the Council�must hear them. He said that he understood that Mr. Nelson would like to redraw his plans to try to come up with a plan the residents would go along with. Councilman Liebl ,� � REGULAR COUNCIL MEETING OF MAY 18, 1970 PAGE 2 added that Mr. Nelson felt that he could not get the required votes on this rezoning ordinance. The petition of the people was almost unanimously against this rezoning. A resident of the area asked what R-3A meant and the City Engineer told him that this was specifically for apartments. Mayor Kirkham said that Item E under Communication is to be added which was a report from NSP, and F. A letter from Robert Hughes, Fire Chief. MOTION by Councilman Liebl to adopt the Agenda as amended. Seconded by Councilman Haxris. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously. VISITORS: 61st Avenue and T.H. #47 A qentleman in the audience asked what was to be done about 61st Avenue and T.H. #47. This was started three years ago, and there was one death there and there should not be any more. Mayor Kirkham told him that a resolution has been passed asking for directional left turn arrows, and that the loop back is progressing, but that it is a slow process. Ted Gonsior, Requesting approval of filling his ro erty Mr. Ted Gonsior would like to fill his property with clean fill, but he was told by the Council that he could not and is now appearing to ask why. The City Engineer explained that this is low land needing a storm sewer system to drain the land. They tried to get Federal funds, but they were denied. There is no plan, without a great expense, for getting rid of the water. It Would inundate the road if the ponding area were filled. Any filling that would be done would reduce the area for ponding. �. Mrs. Gonsior said that the pond is a big attractic�n for the cY�ildren and askedl who would be liable if a child were to fall in. The City Attorney said that the City would not be liable and he did not think that Mr. and Mrs. Gonsior would be either, as this would be considered a natural condition. Mr. Gonsior said that there are 16 acres there and he would like to fill about 5 acres. He said that when he first bought that property the taxes were $23 and not they are $780, and he questioned what he was supposed to do with f it.� Mayor Kirkham said that the onYy answer would be the storm sewer system,� and that he could see no other solution. Councilman Sherid�an asked if he would like to fill both parcels. The City Engineer said that he would like to concentrate mostly on that part abutting Mississippi Street. The water also sits on the back of parcel 620. Mr. Gonsior said that he had a buyer, and this is why he would like to fill the property. Mayor Kirkham commented that if the park bond issue had passed, there could have been a park in this area. Councilman Harris suggested that the City follow up on purchasing this property, since it is for sale. The road cannot be allowed to flood. Planning Commission Request Mr. Eldon Schznedeke said that as to the Walquist request, the Planning Commission would like some guidance on �,hat they should do with the smaller lots under commercial zoning. ,i This lot is ne�,�.j��,� 200 feet front' footage ' ' �� ' ' ' , C! C' C ' ' � L_ J ' ' ' � ' 1 ' � ' ' ' u ' � � ' �� ' ' � ' �� REGULAR COUNCIL MEETING OF MAY 18, 1�70 PAGE 3 or 25,000 square footage as the zoninq ordinance requires. It was part of an older plat. He asked if ther�� shc�uld be an Ordinance change in regard to the C-2 zoning. Councilman Harris said that his intent when this was discussed was that the stipulations be either 200 feet front footage, or 25,000 square feet, but not necessarily both. He felt that it should be either/or. As it re�ads now would produce some unbuildable lots. Mr. Schmedeke said that there would be other parcels with a similar request. NOTE: This item again discussed later in the Meeting under the heading: "Receiving Memo from City Attorney Regarding Oliver Erickson Request". Lloyd Smith, 7600 Jackson Street Mr. Smith asked where the access would be for the apartment house in his area. He said that he had heard that there was going to be one on Lyric, contrary to what was agreed when they got the building pern►it. The City Engineer told him that access is only on Osborne Road. APPOINTING OF MAYOR PRO TEM: Councilman Sheridan pointed out that the last time the Council appointed a Mayor Pro tem was in January, 1968. This has been an oversight. Mayor Kirkham suggested continuing with the same policy of using the Councilman At Large as the Mayor Pro tem in the Mayor's absence. He felt that as he is elected by the voting public at large, this should be a sound reason for his being Mayor Pro tem. MOTION by Councilman Sheridan to appoint Councilman David O. Harris as Mayor Pro tem for the balance of 1970. Seconded by Councilman Breider. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously. CONTINUED PUBLIC HEARING ON ASSESSMENT FOR STREET IMPROVEMENT PROJECT ST. 1969-1 (62ND WAY, POTASEK'S ADDITION): The City Manaqer reported that Mr. Potasek would not be present, but that he had asked Councilman Liebl to project his views. Counc�lman Liebl said that he had looked the project over, and there are three property owners involved; Mr. Potasek, Mr. Hoyt and Mr. Richard Harris. Mr. Harris has already been assessed a full amount on a street improvement program. There has been no work done on access to his property except a 1" mat on his driveway, the same would apply to Mr. Potasek. He did not get curbing and his access was not improved, so there should be no assessment. Mr. Hoyt has 25 feet with curbing and should be assessed for only what he received. Mr. Potasek has indicated that he would be willing to pay an assessment if he were to receive the street and curbing, but he was persuaded not to have the improvement by the City Administration, as he was told that then there would be no assessment. Councilman Liebl said that he did not believe that Mr. Potasek or My Harris could be assessed for something that they did not receive. REGULAR COUNCIL MEETING OF MAY 18, 1970 PAGE 4� The City Manager said that the Finance Director and hiunself looked this over and felt that as Mr. Potasek and Mr. Hoyt did not have the curbing, they should not be assessed, but leave on the street assessment. The Finance Director said that this is the way the new roll is made up. If the Council deletes anything, the assessments then on the other lots would go up. Councilman Liebl said that the two property owners only got a maintenance job so that they could get access to their driveways. The Finance Director said that the Harris property was never on the assessment rolls. Councilman Liebl said that Mr. Potasek only received about a�" mat and should not be assessed for the full assessment. Councilman Sheridan asked what was the policy for assessing on a curve or a cul-de-sac. The Finance Director said that the lot width at the building site is used. The curbing or full surfacing did not go in front of Potasek's lot. Mr. Potasek actually has a double sized lot. Councilman Liebl asked if, when Mr. Potasek get the curbing and permanent street to his property line, will the other people on the street get assessed? He said that they will not. The Council cannot assess this man for a permanent improvement that he did not recieve. The Finance Director said that the roll was made up on what he assumed the rules and regulations to be. If the Council says he should be left out, this is the way it will be certified to the County. Mr.. Richard Harris said that he was present when the discussion took place between Mr. Potasek and the Assistant City Engineer. There is 25' of driveway that is shared commonly be Potasek and Harris. The City did not maintain or , plow this driveway, it is maintained by them. At the time the improvement was proposed, Mr. Potasek considered having his section done, but was told � that if it was not done, he would not be assessed, so Mr. Potasek decided . that it could be done at some later date. Mr. Harris said that Mr. Potasek feels that he owes something, but not the entire amount. Councilman Liebl said that the curbing is not up to Potasek's property. Mr. Harris said that it is . about 1/3 of a lot away. A modified type of drive over curb was put in to tie onto the Riverview Terrace curbing. Mayqr Kirkham said that this apron would still be considered curbing. It is just a different kind. The City Engineer added that it cost as much. He said that there was not full right of way. This is why the street is not plowed. He would assume that unless another 30 feet is dedicated they would not put in the street. This is , basically a driveway, but the City owns the access. The City does not install. ' curbing unless there is full right of way. Mayor Ki.rkham said that Mr. Potasek has a driveway with an apron like everyone else has, with a 1" mat on the street. The street is not private property. ' The City Engineer said that the curbing was the gutter type to carry water. Mayor Kirkham said that the proposal is to assess for the curbing he has. Councilman Liebl said that he would recommend that he not be assessed and if he puts it in later, only he would be assessed. He agreed that Mr. Hoyt ' must be assessed as outlined in the assessment roll. Councilman Sheridan asked why there were two different fiqures for Lot 1, Block 1, and the Finance Director said that this is for 25 feet with curbing and 59 feet without curbing. Mr. Hoyt said that the Assistant City Engineer talked them out of getting the curbing. He said that he got 25 feet and Mr. ������j� �}id not get any. The ' ' 1 ' ' ' ' ' ' r � ' ' ' ' � ' , C �'' � u ' ' �I REGULAR COUNCIL MEETING OF MAY 18, 1970 PAGE 5 maintenance portion he said that they would not be assessed for. Councilman Sheridan told him that his assessm�r:t would be $8.59 for the street with curbing and $5.70 for the street without curbing. Mayor Kirkham said that there was no assessment for the overlay on the driveway. The Finance Director said that the assessment for the street is the same for everyone. A certain section of a street is not assessed only to those people, but it is evened out throughout the street. Mr. Potasek would be paying his share of the main street. There followed a discussion at the Council table while Iooking at the Engineering Department's street maps. Mr. Hoyt agreed that the assessment was fair. MOTION by Councilman Harris to close the Public Hearing on the 5treet Improvement Project wt. 1969-1, 62nd Way, Potasek's Addition. Seconded by Councilman Breider. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously. ' CONSIDERATION OF FIRST READING OF AN ORDINANCE FOR REZONING RE UEST (ZOA #70-01) TO REZONE FROM R-1 TO R-3, GENERALLY LOCATED ON 5TH STREET TO 7TH STREET FROM MISSISSIPPI TO 63RD AVENUE N.E., BY NORMAN E. RIEDEL: (Tabled April 20, 1970) � ' �i , � � ' ' � I i 1� ' '� ' ' 1 ' Councilman Liebl said that as this property is located in the Third Ward, he took the liberty of checking into the special assessment� against the property. There were assessments levied in 1960, 1962, 1965, 1967, and 1968 with a spread of 5, 10 and 15 years, amounting to about $32,000 without interest. He said that it was stated that the Catholic Church was at one time interested in buying the land for St. Williams Church. He checked with the Father of the Church, and he reported that there was never an offer made because the City of Fridley then had an option on the purchase o€ the land, and Mrs. Riedel honored the option. He said that there is an Internal Revenue Service man interested in the property in return for back taxes, and he was afraid that the City would not get anything out of it. He said that he checked with the Assessor on the amount of return there would be on a tax structure of this kind and was surprised at the amount of return. The proposed development has 168 one bedroom units, and he did not feel that that amount of single bedroom units would yield very many children. He reported that he had checked with five developers and three bankers and they felt that the land was not developable as R-1. He said that frankly, low income housing with all the attending ramifications scared him. He said that some of the adjacent people have said that they would go along with a com- mercial development and some were against that also. It is the obligation of the Council to protect the school district and also the environmental conditions of the City of Fridley. He felt tha this was one of the best plans he had ever seen. He questioned whether the traffic problems this would involve would be substantial grounds on which to refuse the rezoning, and pointed out that the previous City Attorney thought that the traffic considerations were not sufficient grounds for refusing a rezoning request, but that the traffic problem was a problem of the City. This is something that must be solved after the rezoning is done. He questioned what the City would do in regard to the law suit if we should lose and have to pay. I The City Attorney said that if the plaintiff was successful, the money would � have to come out of general funds, and the mill rate would have to be I raised. This would no� }�� as�ess�ble to the adjacent property owners. He felt that a traffic problem�would be one valid eonsideratj.a� �,� r��#�'d �a � I i �_ REGULAR COUNCIL MEETING OF MAY 18, 1970 rezoning. PAGE 6 I The Attorney for the estate said that he had a tax computation for 3uly, 1966, and at that time there was owed $22,421.93, and they were allowed 15 months to pay this amount. The interest is 8% a year. They have got an extention of time, but if it is not paid before June lst of this year the Government will take it. The $22,000 must be paid. This property has been in the Riedel family since 1906 and is the only asset in the estate. He said that if nothing is done by June lst, he will have to contact the Internal Revenue Service, but he said that he did not want to do this. Mr. Wall's proposal would benefit everyone. All Mr. Riedel wants to do is to liquidate his estate and close it. He said that he could not find any zoning map for prior to 1956, but he understood that at one time the Riedel property was zoned commercial. He said that there was over $31,000 in special assessments, which included an assessment for curbing, yet this curbing was cut so that the water could be channeled onto the Riedel property. He asked that this be rezoned to R-3. He felt that rather than have low cost housing in there, why not have something that everyone would be satisfied with. Mr. Wall has stated that he was willing to contribute an extra amount toward the storm sewer, and the law suit will be disrnissed against the City if this rezoning is granted. Mr. Leif Henriksen, 495 Mississippi Street N.E., said that he lived on the corner of 7th Street and Mississippi Street. He said that he has seen some nice low cost housing for elderly people. Mr. Robert McPherson, 500 Bennett Drive N.E., said that the traffic is still a problem for the area. Commons Park is just south of the a'rea and there is a lot of traffic on 7th Street. There is also a school complex just to the south. He asked if the next assessment would be for an overhead to take care of the traffic. He said that the Council should be aware that there will be a lot of children in this area. , Mr. Carl Paulson asked if there were any plans for low income housing for elderly people. Mayor Kirkham said that he did not know of any. Councilman Harris pointed out that this plan has not been approved by the Council, and is not necessarily the plan that would be followed. Mr. Wall said that if the Council will approve of their plan, this is the one that they would like to follow. Councilman Sheridan indicated to r1r. Fred Wall that should this rezoning carry on the first reading, prior to the second reading would be the approval of �", the plans by the subcom¢nittees and the Council, and the application and issuance of the building permit. Then the final reading would take place. He said that Mr. Wall had indicated to him that he is fully aware of this procedure. Councilman Liebl said that if this should carry, he would like to be sure that there is no access on 7th Street, and that tne setbacks would be 125 feet. Mr. Wall said that this would be done. Councilman Liebl said that he could not agree to the retaining pond, and Mr. Wall said that they would just as soon take it out of the plans also. Councilman Liebl said that the City has abused this land. , !� � ' ' ' � C! � ' ' � � � ' � , IJ C � � ' ' REGULAR COUNCIL MEETING OF MAY 18, 1970 PAGE 7 Councilman Harris asked the density per acre, and Mr. Wall said that he did not know, but it was within that allowable by the Zoning Ordinance. He thought that it would be about 17 per acre. Councilman Harris said that the entrances on Mississippi Street would create a tremendous amount of traffic and asked if there had been any consideration given to any entrances and exits on 5th Street. Mr. Wall said that he would be happy to work with the City's traffic coordinator. He said that they would also have the safety of their tenants at heart. , Mr. Leif Henriksen said that he was told that this was R-1 property and that it would stay that way. He moved out here to get away from apartment houses, now he would have one across the street from him, and a church ' behind him. He said that he wanted to put in a duplex, but he was refused. He pointed out that he also pays his fair share of taxes. , '� �i � ' , ' ' , � l� Councilman Harris said that under the R-1 zoning the.density is about 12 people per acre and asked Mr. Wall if he would be willinq to work with this density. Councilman Harris said that 17 exceeds the Zoning Ordinance. Mr. Wall said that if 17 exceeds the Ordinance, then he must have the wrong figure, as he was sure that,he was within the allowable density. An R-3 development with a density of R-1 would not be practical. MOTION by Councilman Liebl to adopt the rezoning ordinance requested by Mr. Normal Riedel on first reading and waive the reading. Seconded by Council- man Breider for discussion. Councilman Breider said that he must speak in opposition to the motion. He said that Councilman Liebl has spoken of the moral obligation of the Council to look at the tax revenues. He pointed out however, that apartment houses require more services. In checking.he found that there were 28 burglary attempts reported for private homes versus 72 for multiple dwellings. This is a 41� difference. He said that he had analyzed the apartment study and finds that there are more children coming from the older apartment houses in Fridley than from the newer ones. He felt that the tax benefit would not be as great as it is anticipated to be. He said that he was not quite sure what there was to be afraid of in regard to the low income housing for elderly people. He felt that it would be a violation of his oath to say that because a person is old the City cannot supply with housing. He did not believe the constitution stipulated between old and young. He said that the traffic would be horrendous. It seems that there must be someone killed or mutilated before there can be any action. There was also a petition against this with about 260 signatures. Because of these points, he felt that he could not vote in favor of the rezoning. Councilman Liebl said that he would like to see the elderly people stay in their single family homes, but they find that they cannot pay the taxes. Councilman Sheridan said that he has had conversations with people from all three wards and the feeling seemed to be fairly evertly split. Some were against the proposal and some felt that they could live with it. Some of the people indicated that they had a great deal of faith in Mr. Wall, and felt that he made a fine presentation, and that they could trust him to keep his word. He said that he would also have to consider the petition as Councilman Breider indicated, and that this would weigh heavily upon his vote this evening. � REGULAR COUNCIL MEETING OF MAY 18, 1970 PAGE 8 ' Councilman Harris told Mr. Wall that he would have to say that the plan presented is too high in density for this area. He said that he checked with a number of builders and they have all indicated that they feel that this would be too dense for the area. Mr. Wall said that there are some of the nicest apartment houses in the Metropolitan area in Edina and they have a density of 1/3 more than Fridley. He felt that they have developed a plan for the maximum density allowed under the ordinance. He said that they have also allowed for the deep setbacks. THE VOTE UPON THE t10TION, bc�ing a roll call vote, Liebl and Kirkham voting aye, Harris, Breider, and Sheridan voting nay, Mayor Kirkham declared the motion FAILED. Councilman Breider said that he was very pleased with the way the plan was presented. He said that he hoped that his future plans will be as well thought out. Councilman Liebl said that the Council has an obligation to conduct business to the best of their ability. In his opinion the City has abused this land, and he said that he has tried to look out for the citizens of Fridley. Mr. Riedel said thank you for the consideration, and Mrs. Riedel pointed out that low income housing does not necessarily mean for elderly people. RECESS: Mayor Kirkham declared a recess from 9:40 to 10:00 P.M. ORDINANCE #455 - AN ORDINANCE UNDER SECTION 12.07 OF THE CITY CHARTER TO VACATE STREETS AND ALLEYS AND TO AMEND APPENDIX C OF THE CITY CODE: (NSSSD Vacation of Marshall Street) The City Attorney said that he has reviewed the proposed easeme�t from N.S.S.S.D. and he would recommend acceptance. He said that it does pro- vide Fridley with protection. MOTION by Councilman Sheridan to adopt Ordinance #455 on second reading, waive the reading and crder publicatior,. Seconded by Councilman Harris. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously. CONSIDERATION OF ACCEPTING PROPOSED LAND DEED AROUND 37TH AVENUE LI UOR STORE FROM N.S.S.S.D.: The City Attorney said that he now has this deed in his possession. MOTION by Councilman Harris to accept the land deed for land axound the 37th Avenue Liquor Store from N.S.S.S.D. Seconded by Councilman Sheridan. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously. ORDINANCE #456 - AN ORDINANCE UNDER SECTION 12.07 OF THE CITY CHARTER TO VACATE STREETS AND ALLEYS AND TO AMEND APPENDIX C OF THE CITY CODE: (Five Sands) MOTION by Councilman Harris to adop� Ordinance #456 on second reading, waive the reading and order publication, and authorize the Mapox �� �}�� t�� deed. „ �.. Seconded by Gou��il�an $r�ider. Upon a roll call h°v'bte, K r]cYiam, Harris, , -� ' REGULAR COLTNCIL MEETING OF MAY 18, 1970 PAGE 9 Breider, and Sheridan voting aye, Liebl voting nay, Mayor Kirkham declared the motion carried. 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 PROVIDING PENALTIES FOR VIOLATIONS OF THE PROVISIONS THEREOF: Councilman Harris said that this was on the Agenda last week when it was asked that it be revised to include the provisions covering commercial. He asked Councilman Sheridan if he felt that it was satisfactory. Councilman Sheridan said yes. The City Manager added that this ordinance gives commercial 3 months to submit plans and specifications for changes in their incinerators, and 3 more months for compliance. Councilman Harris pointed out that Spring Lake Park and Moundsview have already passed a burning ordinance. The City Manager said that all outside burning would cease with the passage of this ordinance. Mayor Kirkham read the sections entitled "Burning Prohibited" and "Refuse Burning Equipment" aloud for the benefit of the audience. The City Attorney said that there should be a clause added that would repeal Section 33 of the old Burning Ordinance. : MOTION by Councilman Liebl to approve the Burning Ordinance on first reading and waive the reading. Seconded by Councilman Harris. Upon a roll call vote, ' Liebl, Harris, Breider, Sheridan, and Kirkham voting aye, Mayor Kirkham declared the motion carried. � ' ' �I� ' ' ' LJ ' ORDINANCE #�57 - AN ORDINANCE UNDER SECTIUN 12.07 OF THE CITY CHARTER TO VACATE STREETS AND ALLEYS AND TO AMEND APPENDIX;C OF THE CITY CQDE: (M'C's. Lorraine Kuschke) � i The City Engineer said that according to the City Attorney vacation can be accomplished by the normal procedure. The people will still retain their easements they had before it was dedicated to the City of Fridley. MOTION by Councilman Sheridan to adopt Ordinance #457 on second reading, waive the reading and order publication. Seconded by Councilman Liebl. Upon a roll call vote, Harris, Breider, Sheridan, Kirkham and Liebl voting aye, Mayor Kirkham declared the motion carried unanimously. APPOIN.TMENTS TO COMMITTEES AND COMMISSIONS: Councilman Sheridan said that he still did not have a definite yes from the person he had asked to serve on the �lats and Subdivisions - Streets and Utilities Subcommittee. Mayor Kirkham said that he did not have a recom- mendation for the Human Relations Committee either. MOTION by Councilman Harris to table consideration of the appointments to the Meeting of June 1, 1970. Seconded by Councilman Sheridan. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously. ' REGULAR COUNCIL MEETING OF MAY 18, 1970 �J � �J PAGE 11 Councilman Harris said that he was cognizant of the wishes of the people, however, the Council did adopt a sidewalk program, and in the interest of continuity, it should either be followed or abandoned. Councilman Liebl said that he felt that the sidewalks should be around the schools, and are surely needed on East River Road, but he did not feel that sidewalks in this area would serve the purpose intended. There are 5 or 6 properties where the sidewalk would be very close to the house, and with the snow removal, the banks would be too close to the house. ' Councilman Sheridan'said that the width of the sidewalks was increased from 4' to 5' and asked what if they were to be reduced back to 4'. Mayor Kirkham asked how much easement the City had and the City Engineer said ' about 9' from the curb to the property line. Councilman Sheridan asked how much room was necessary for snow storage and the City Engineer said about 8' minimum. , ' , ' f I , , ' Mr. Harry Nawrocki said that last fall there was a meeting on the proposed street and sidewalk. After much discussion it was agreed to put in the street, but no sidewalk. The vote was 28 to 0 in favor of no sidewalk. He asked why these condemnation proceedings. He said that there were not sidewalks in the suburbs. He said that he and his neighbors still do not want sidewalks. Councilman Liebl said that this �.s a sidewalk that everyone would pay for through State Aid funds. He felt that it should go where it would do the most good, rather than put a sidewalk in a residential area. Mayor Kirkham said that there are children on the street. This falls right in line with the Council policy on the sidewalk program. This area is adjacent to schools, and this thoroughfare bears a lot of traffic. He said that he realized that they are needed on East River Road too, but this has no bearing on this case. A resident of the area sa.id that there are not that many children walking in the street. Councilman Breider said that he looked this area over and fe�t that sidewalks would be out of place. The intention of the sidewalks was to serve people, and in this case, it appears that they would not be used that much. There are several very nice trees that would have to come down. It would seem redundant to put in nice trees, then come along and take them down. He said that he could not agree with Councilman Harris that the whole program would have to be scrapped. It should be treated just like a street program, which allows for deletions. He said that he would have to agree with Councilman Liebl. , Councilman Sheridan said that he also would hate to lose the nice trees. He felt that if the City is going to continue the sidewalk program, perhaps it should be kept within the right of way, maybe by off-centering the street. , Rather than put these sidewalks on the City right of way and lose the trees, he would rather see them deleted. ' � ' MOTION by Councilman Liebl to delete the sidewalk from this project on West Moore Lake Drive from T.H. #65 to the school. Seconded by Councilman Harris for discussion. Councilman Harris said that he would have to vote against this motion. He felt that this would be setting a bad precident. When the sidewalks were talked of last year, they were to be ,��se�g���, but these would not be assessed. He said that he was sure that when sidewalk■ ara pxopaspc� felc Osborn� : � i - i � REGiJLAR COUNCIL MEETIN(a OF MAY .1.8 � 1.970 P�GE 12 , _ Road or East River Road, the people will be opposed to them also. He felt that if this did not go through, the sidewalk program would come to a halt. A resident in the audience said that as far as the sidewalk program goes, most rules have to be bent from ta.me to time. He said that he would like tc have somethinq to say about what happens in his neighborhood, and he is still opposed to the sidewalks. He said that if he really felt that they were necessary for the childrens' safety, then he would be in favor of them. THE VOTE UPON THE MOTION, being a voice vote, Liebl, Breider, Sheridan and Kirkham voting aye, Harris voting nay, Mayor Kirkham declared the motion carried. RESOLUTIOTv #100-1970 - kF;SOLU��ION DELETING SIDEWALKS FROM STREET IMPROVEMENT PROJECT ST. 1970-2 AND WITHDRAWING COURT ACTION FOR RIGHT OF WAY ACQUISITION FOR THE SIDEWALKS: MOTION by Cauncilman Harris to adopt Resolution #100-1970. Seconded by Councilman Breider. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously. DISCUSSION REGARDING CITY COUNCIL'S REQUEST TO FOUR STAR INVESTMENT COMPANY APAI2TMENT COMPLEX FOR FENCING ON THE BACK LOT LINES ALONG JACKSON STREET: The City Engineer reported that the Four Star Investment Company has indicated that they will either put in the trees as called for on their plans, or put up the fence requested by the neighbors, but not both. The building permit has been issued with the trees in the plans. It was to be a continuous row of poplar trees. Councilman Breider said that there were many small children in.that area, and the residents along Jackson Street are concerned about their safety with the traffic coming from the complex. Mayor Kirkham asked what kind of fence it would be. The City Engineer said a chain link fence, with slats in it to provide privacy. Councilman Harris pointed out that poplar trees have a short life and he felt that the fence would be better in lieu of the trees. MOTION by Councilman Liebl to ask Four Star Investment Company to install a 6' chain link privacy fence in lieu of the trees. Seconded by Councilman Breider. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously. DISCUSSION REGARDING GRADING PLAN FOR PARK CONSTRUCTION, CHIES, O'BANNON PROPERTY: The City Engineer said that he had requested Mr. Dick Carlson of Park Construction Company to be present, but he is not here. Mr. O'Bannon said that several weeks ago he gave the engineering data to the City Engineer for Heather Hills Addition. The drainage plan is to be done by Comstock and Davis Inc. He said that he would like the Council to give the City Engineer authority to go ahead. He said that he has a house built there for sale at the present time, and that he has sold some lots in the area. In the next few months he will need sewer and water in the area, which will be supervised Y�� Comstock and Davis, Inc, , REGULAR COUNCIL MEETING OF MAY 18, 1970 ' ' �� ' , , PAGE 13 The City Engineer explained further that he will be doing the work himself so he would have to be bonded and the Consulting Enqineer and the City would be doing the inspecting. One of the grades is 13$ which exceeds the platting ordinance, which requires 6�. If the Council approves this variance, it should be with the understanding that on the steep portion of the grade, the street is to be concrete with a rough surface. Mr. 0'Bannon said that he would agree to this. MOTION by Councilman Harris to approve the variance of grade from the platting ordinance, subject to the property owners agreement to put in concrete paving on the steep portion of the street. Seconded by Councilman Sheridan. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously. CONSIDERATION OF SHELDON MORTENSON'S SIGN AT SKYWOOD MALL, CONTINUATION OF PERMIT: (On Agenda at Request of Councilman Sheridan) The City Engineer said that this sign is bigger than the Ordinance allows, but the building is very low. Mr. Mortenson brought forward a picture of the sign. Councilman Harris said that he had no objections. MOTION by Councilman Harris to approve the sign request by Sheldon Mortenson , with the understanding that all signs along the facade are to be the same height. The moti.on was seconded and upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously. ' ' , , ' L� ' ' , ' DISCUSSION REGARDING MEADOWLAND PARK DITCH PIPING AND IMPROVEMENTS: The City Engineer said that last time this was discussed two of the residents in the area were going to circulate a petition for storm sewer. He said that he understood that they did not meet with much success. He said that there is money approved for work on this ditch and he would like to have it completed this year. Councilman Breider said that he talked to one man yesterday and he asked him about the possibility of including people outside of the storm sewer area. The City Attorney said that this would create many problems. Those people will eventually be in a storm sewer district of their own. Councilman Breider said that when it was presented, it would cost about $1400 to $1500 per home. The City Engineer said that the estimated assessment would be about $700 for a normal size lot. ; The question was raised on how much additional the City would have to come a�' up with, if the figure of $3.05 per 100 square feet (which was the cost in 1966) plus an amount to take into consideration the increases in construction costs was used. The City Engineer estimated about $40,000 which would have � to come from other funds. Councilman Harris felt that rather than overburden one district with a very high assessment, that the figure of $3.05 per hundred square feet plus an increase to reflect the rising construction costs should be used. This would leave a balance that the City would have to starid. The City Engineer pointed out that some of the people would have a credit due. Councilman Harris said that there will eventually be a need for a storm sewer anyhow. The City Engineer said that about 90� of the area is already developed, so there would not be too much added run-off. Councilman Breider said that he has seen some children in and around tYie open ditch. He asked where could the $40,000 come from. The Finance Director said that he did not have any informatip� available at this time, 0 REGULAR COUNCIL MEETING OF MAY 18, 1970 PAGE 14 � and would have to work something up. Councilman Harris asked how much it would cost to prepare the plans and specifications and the City Engineer replied for an $80,000 project at 5�, about $4,000. MOTION by Councilman Breider to instruct the Finance Director to try to work out where the money could be obtained, and have it ready for the next regular Meeting. Seconded by Councilman Harris. Upon a voice vote, all voting aye,Mayor Kirkham declared the motion carried unanimously. ' ' ' The City Engineer explained that there is to be a ditch and ponding area ' through Lot 8 to the storm sewer system on 68th Avenue, as the inlet is too high. The City Manager said that he had talked to Glenn Thompson of the Michael Servitus Church and the City Manager suggested fencing across the south property lines, and extend the pipe further to the west in the park and provide a ponding area in Lot 8. Councilman Harris said that a fence in the park would not prevent the children from going into Lot 8. The City Manager suggested getting permission to fence the ponding area on Lot 8. Mayor Kirkham felt that this is a potential hazard, true, but where does the parents responsibility start in keeping their children out of there. If every potential hazard were to be fenced it would be never-ending, and could include Rice Creek. He felt that the parents should bear more responsibility in watching over their children. He said that he would hate to think of spending money to fence on Lot 8 which is not City property because the people are not watching their children. Councilman Harris said that he believed that many people think that Lot 8 is City property. DISCUSSION REGARDING LOT SPLIT RE UEST BY CLARENCE FOSSE, 73RD AVENiJE• MOTION by Councilman liebl to concur with the lot split with one lot to be 73 feet and the other 67 feet, to provide for the 7� feet setback. Seconded by Councilman Harris for discussion. Councilman Harris asked Mr. Fosse if this was agreeable to him and Mr. Fosse replied that it was. TI�E VOTE UPON THE MOTION, being'a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously. RECONSIDERIITION OF PROPOSED FINAL PLAT (P.S. #68-05), MARXEN TERRACE, THOMAS MARXEN: The City Engineer said that this plat was approved two years ago. It is just east of the property Mr. George Nelson was attempting to rezone. The plat is all right, but there is a drainage problem, and it will eventually have to hook onto some storm sewer system. He wants to build homes on Onondaga Street, and there is no development proposed for the back lots. MOTION by Councilman Harris to approve the final plat Barxen Terrace. Seconded by Councilman Breider. Upan a voice vote, all voting aye, Mayor Kirkham declared the motion carried.unanimously. � ' � , ' ' _ �' � � ' ' a ' ' , REGULAR COUNCIL MEETING OF MAY 18, 1970 PAGE �� CONSIDERATION OF RE UEST FOR STORM SEWER CONNECTION TO ONONDAGA STREET SYSTEM BY MIKE J. ELNICKY: The City Engineer said that he is building an apartment house and is willing to put in a pipe through to Bacon Drive on Onondaga Street. There is no easement so the City would have to acquire one, and he cannot hook onto the line in 73rd Avenue without digging up the new street. The question is �;l if the Council wishes to allow him to develop, with the thought that there will be a storm sewer system later when the property develops more, or to get an easement for him to connect onto the line in Onondaga. • Councilman Sheridan asked if he put in the conduit from his building site to the line in Onondaga, would he be willing to put in the size pipe to take care of future development. The City Engineer said yes, the size is no problem, the problem would be the cost of the easement. Councilman Sheridan said that by acquiring an easement, the City may be dictating the future development. He thought that it would be better to let him develop his property until the development in the area dictates a storm sewer system, then put it in as a project. The City Engineer said that this area was originally deleted from a district, so when it goes in, it will become a sub-district. MOTION by Councilman Harris to let Mr. Elnicky develop his property with surface drainage and a ponding area at the back lot line, until future development dictates a storm sewer system. Seconded by Councilman Breider. Upon a`voice vote, Kirkham, Harris, Breider and aheridan voting aye, Liebl voting nay, Mayor Kirkham declared the motion carried. Councilman Liebl said that he felt that this was creating a problem, and if the developer was willing to put in the pipe, this would have been better. REGEIVING THE MINUTES OF THE PARKS AND RECREATION MEETING OF APRIL 27, 1970: ' MOTION by Councilman Harris to receive the Minutes of the Parks and Recr'eation Commission Meeting of April 27, 1970. Seconded by Councilman Breider for discussion. , Counci7;man Breider said in reference to Chase Island, that the Parks and Recreation Commission seem to be talking about a considerable expenditure of money. He said that in his opinion he would rather see the money spent on existing parks rather than the development of a new park. He said that he would like to see some priorities if they are starting on their budget for the next year. Councilman Harris agreed that he felt that this would be a low priority item. He said that he thought that this was indicated to them before. Mayor Kirkham said that he felt that some areas should be left natural, and Councilman Sheridan agreed. Mayor Kirkham said that this could be done sometime, but he did not believe in the immediate future. THE VOTE UPON THE MOTION, being a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously. MAYOR KIRKHANI LEFT THE MEETING AND MAYOR HARRIS PRO TEM PRESIDED FOR THE REST OF THE MEETING. REGULAR COUNCIL MEETING OF MAY 18, 1970 PAGE 16 � RECEIVING THE MINUTES OF THE PLANNING COMMISSION MEETING OF MAY 6, 1970: 1. REZONING REQUEST, ZOA #70-04, CPL. JAMES L. ROBINSON BY G.D. GIANCOLA TO REZONE LOTS 1 TO 6, LOT 9, AND NORTH 68 FEET OF LOT 20, CENTRAL AVENUE ADDITION: Rezone Lots 1 to 4 and Lot 9 from C-1 to C-2 and Lots 5 and 6 and north 68 feet of Lot 20, Central Avenue Addition from M-1 to C-2. (Corner of 73rd Avenue and Central Avenue) , ❑ ' MOTION by Councilman Breider to set the Public Hearing for the rezoning request by Cpl. James L. Robinson for June 8, 1970. Seconded by Councilman � Sheridan. Upon a voice vote, a11 voting aye, Mayor Harris Pro tem declared the motion carried. 2. LOT SPLIT REQUEST: L.S. #70-05, CPL. JAMES L. ROBINSON BY G.D. GIANCOLA, ATTORNEY: Lot 20, Central Avenue Addition. Split so N� is 68 feet and S� is 67 feet. (126 feet west of Central Avenue and north of Brook Street) It was agreed that this lot split will be taken up at the same time as the rezoning. 3. LOT SPLIT REQUEST: L.S. #70-07, ALBERT H. HARTMANN: Six fpot triangular parcel from Lot 20, Block 2, Sandhurst Addition added to I,ot 19 to provide room for existing driveway. MOTION by Councilman Liebl to concur with the lot split requested by Albert H. Hartmann. Beconded by Councilman Breider. Upon a voice vote, all voting aye, Nlayor Harris Pro tem declared the motion carried. 4. LOT SPLIT REQUEST: L.B. #70-06, GEORGE L. WALQUIST: To split Lot 7, Block 1, Erco's lst Addition in half combining the S� of Lot 7 with Lot 6 to make a building site for a proposed dental clinic. The City Engineer said that there was no action necessary by the Council as the Planning Commission has not made a recommendation as yet. He added that this is the item that Mr. Eldon Schmedeke spoke of in the beginning of the Meeting. MOTION by Councilman Breider to receive the Minutes of the Planning Commission Meeting of May 6, 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 APPFALS MEETING OF MAY 12, 1970: 1. A REQUEST FOR A VARIANCE OF SECTION 45.053, 4B, SUBPARAGRAPH 3, TO REDUCE THE SIDEYARD ADJOINING AN ATTACHED GARAGE FROM 5 FEET TO 4 FEF�T TO ALLOW THE CONSTRUCTION OF A DWELLING WITH AN ATTACHED GARAGE pN LOT 7, BLOCK 3, HEATHER HILLS ADDITION, THE SAME BEING 6243 KERRY LA�IE N.E. FRIDLEY, MINNESOTA (REQUEST BY ROBERT D. LEDIN, 1923 LINCOLN �TREET, 1rIINNEAPOLIS, MINNESOTA): � The City Engineer reported that there was no action necessary as this item was denied by the Board of Appeals. _ � ' L� ' , � � ' I ' �� ' � J � ' , REGULAR COUNC�L MEETING OF MAY 18, 1970 PAGE 17 2. A REQUEST FOR A VARIANCE OF SECTION 45.053, 4A, TO REDUCE THE FRONT YARD SETBACK FROM 35 FEET TO 32.05 FEET TO ALLOW THE CONSTRUCTION OF AN ADDITION ONTp AN EXISTING pWELLING LOCATED ON THE WEST HALF OF LOTS 16, 17 AND 18, BLOCK 4, OAK GROVE ADDITION, THE SAME BEING 1501 MISSISSIPPI STREET N.E., FRIDLEY, MINNESOTA. (REQUEST BY MRS. HELEN SHUTE, 1501 MISSISSIPPI STREET N.E., FRIDLEY, MINNESOTA):_ MOTION by Councilman Liebl to concur with the Board of Appeals and grant the requested variance to Mrs. Helen Shute. Seconded by Councilman Breider. Upon a voice vote, all voting aye, Mayor Harris Pro tem declared the motion carried. PUBLIC HEARING FOR A RE UEST FOR A VARIANCE OF SECTION 45.053, 4B, SUBPARAGRAPH 3, TO REDUCE THE SIDEYARD ADJOINING AN ATTACHED GARAGE FROM 5 FEET TO 4 FEET TO ALLOW THE CONSTRUCTION OF A 17 FOOT ATTACHED GARAGE ON LOT 3, BLOCK 2, PEAR50N'S CRAIGWAY ESTATES 2ND ADDITION, THE SAME BEING 7872 FIRWOOD WAY N.E., FRIDLEY, MINNESOTA. (REQUEST BY MR. BRUCE MILLER, 7872 FIRWOOD WAY NE, FRIDLEY, MINNESOTA): ThE City Engineer explained that this item has not been heard by the Board of Appeals. The Board of Appeals changed their meeting night from Wednesday to Tuesday, and the applicant missed the meeting. The request is to reduce the sideyard from 5 feet to 4 feet to permit construction of an attached garage. Mr, John Polymeros, of the Sussel Company, came forward to the Council table and submitted a letter from Mr. and Mrs. David Kaliher, 7866 Firwood Way N.E., stating that they,.as adjoining property owners,have no objection. MOTION by Councilman Sheridan to receive the letter from Mr. and Mrs. David Kaliher, 7866 Firwood Way N.E. Seconded by Councilman Liebl. Upon a voice vote, all voting aye, Mayor Harris Pro tem declared the motion carried. , MUTION by Councilman Liebl to close the Public Hearing on the variance requested by Mr. Bruce Miller, 7872 Firwood Way N.E. Seconded by Councilman Sheridan. Upon a voice vote, all voting aye, Mayor Harris Pro tem declared the motion carried. MOTION by Councilman Sheridan to grant the variance requested by Mr. Bruce Miller for a reduction in sideyard from 5 feet to 4 feet. S�conded by Council- man Liebl. Upon a voice vote, all voting aye, Mayor Harris Pro tem declared the motion carried. MOTION:by Councilman Liebl to receive the Minutes of the Board of Appeals Meeting of May 12, 1970. The motion was seconded and upon a voice vote, all voting aye, Mayor Harris Pro tem declared the motion carried. RECEIVING THE MINUTES OF THE HUMAN RELATIONS COMMITTEE MEETING OF APRIL 30, 1970: MOTION by Councilman Liebl to receive the Minutes of the Human Relations Committee Meeting of April 30, 1970. Seconded by Councilman Sheridan. Upon a voice vote, all voting aye, Mayor Harris Pro tem declared the motion carried. REGULAR COUNCIL MEETING OF MAY 18, 1970 PAGE 18 ' RECEIVING BIDS AND AWARli1;1K, Cr>ri/T►�'ACn, WF+':'�R IMF�ROVEMENT PRUJ�;CT #98: (Bids Opened 12:00 Noon, May 18, 1970) Planholder . 8id Sure1E.� Lum� �um Bid Completion Time Gideo Construction Mazyland Casualty $16,667.U3 7217 77th Avenue North Company Minneapolis, Minn. 55428 5� B.B. Minn-Kota Excavating, Inc. Capitol Indemnity $16,886.26 3401 85th Avenue North Corporation Minneapolis, Minn. 55429 5� B.B. Associated Contracting Co. National Indemnity $12,900.00 2745 Sunset Lane Company Burnsville, Minn. 55378 5� B.B. O.& H. Excavating, Inc. Wis. Surety 2006 Cedar Drive Corporation New Brighton, Minn. 55112 5� B.B. Charles Lovejoy Company United States St. Paul, Minn. 55101 F& G Company 5� B.B. $14,650.00 $17,536.50 30 Cal. Days 60 Cal. Days 30 Cal. Days 30 Cal. Days 60 Cal. Days Councilman Harris said that this project was for the water line in the Great Northern plat to connect the new well in the southwest corner of the plat. MOTION by Councilma,n Sheridan to concur with the recommendation of the Consulting Engineer and award the contract for Water Improvement Project #98 to Associated Contracting Company in the amount of $12,900.00. Seconded by Councilman Liebl. Upon a voice vote, all voting aye, Mayor Harris Pro tem declared the motion carri:ed. CONSIDERATION OF AMENDMENT TO BY-LAWS OF FI.RE DEPARTMENT: Councilman Harris said that it was not clear just what the changes were and wondered if they would upset the actuarial survey. MOTION by Councilman Sheridan to table to the next regular Meeting for further details on the proposed changes. The motion was seconded and upon a voice vote, all voting aye, Mayor Harris Pro tem decla�ed the mot.ion carried. RECEIVING MEMO FROM CITY AT'TORNEY REGARDING SPRING LAKE PARK I,p,W SUIT: The City Attorney said that he has tried to meet with Mr. Fleming, but so far to no avail. He felt that Spring Lake Park will never enter into negotiation for their percentage of the cost of the storm sewer. A court case would be very lengthy and expensive, but he felt that this was the only avenue open. MOTION by Councilman Liebl to proceed through the court system to get relief from the Village of Spring Lake Park for the water problem created in Fridley. Seconded by Councilman Sheridan. Upon a voice vote, all voting aye, Mayor Harris Pro tem declared the motion carried. � � REGULAR COUNCIL MEETING OF MAY 18, 1970 RECEIVING MEMO FROM CITY ATTORNEY REGARDING REC CHARGES: PAGE 19 The City Attorr.ey said that 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 should be signed by both. In the event that no settlement can be reached, he advised that the people be told of Conciliation Court, where the jurisdiction is $300.00 with a$3.00 filing fee. Then the case would be heard by a judge and each case decided individually on its merits. Mr. Sheldon Mortenson said that he counted the number of bathrooms for Penn Oil, figured that the chasge would be $300, but the Building Inspector charged him $1200. Since then he was advised that a mistake had been made and received a$300 rebate. He asked what his recourse was to receive the balance. Mr. Mike O'Bannon said that he felt that the builder should qet the rebate, as he is the one that took the chance on building the building on a contract price. If the contract is a cost plus, this would be a different matter. The City Attorney said that the City of Fridley is not in the position to make these decisions, and that they should be decided in a court of law. MOTION by Councilman Liebl to concur with the recommendations of the City Attorney outlined in his memorandum dated May 15, 1970. Seconded by Councilman Sheridan. Upon a voice vote, all voting aye, Mayor Harris Pro tem declared the motion carried. RECEIVING THE CFTY ATTORNEY MEMORANDUM REGARDING CHIES MANDAMUS SUIT: The City Attorney said that this suit arose out of the condemnation action against Chies. He said that he felt that there was no legal basis for withholding the balance of the money due Chies, and that the $3,250 that was billed to the City for the clean up of the right of way should be collected through an assessment. Councilman Harris asked if he was not in violation of the City Ordinances. The City Engineer said that the City ordered him to clean his property, which he did by pushing the debris off his property and into the City right of way. Councilman Harris felt that this should be checked into further before the suit is dropped. The City Attorney pointed out that he is sueing us, and the assessment against him is for the full amount of the cleanup required for removing the debris. Councilman Harris said that as he recalled he was also supposed to erect a fence. Councilman Sheridan suggested that this be tabled to the next meeting on May 25th for further review. The City Attorney said he would ask the Court for another extension of time on the case. , MOTION by Councilman Sheridan to table consideration of this item to May 25, 1970. Seconded by Councilman Liebl. Upon a voice vote, all votinq aye, Mayor Harris Pro tem declared the motion carried. �J � RECEIVING THE MEMO FROM THE CITY ATTORNEY REGARDING OLIVER ERICKSON REQUEST: The City Attorney said that as concerns the zeq�lzP�{}�,��, SJf 200 f�et fxont footage and 25,000 square feet in a C-1 and C-2 distriat, he f��t that in. REGULAR COUNCIL MEETING OF MAY 18, 1970 PAGE 20 most cases, variances must be granted by the Board of Appeals where the use of the property would have been proper under the old Ordinance. It was agreed by the Council that the intent when discussing the Ordinance was that either the 200 front footage must be met, or the 25,000 square foot requirement, but not necessarily both. An amendment to the Zoning Ordinance is to be prepared for the June 1, 1970 Meeting. MOTION by Councilman Sheridan to receive the memorandum from the City Attorney concerning the granting of variances, as brought up by Oliver Erickson, dated May 18,1970. The motion was seconded and upon a voice vote, all voting aye, Mayor Harris Pro tem declared the motion carried. MoTION by Councilman Sheridan to instruct the Administration to bring back an amendment to the Zoning Ordinance to�allow for meeting either the 200 front footage requirement, or the 25,000 square footage requirement in C-1 zoning. Seconded by Councilman Liebl. Upon a voice vote, all voting aye, Mayor Harris Pro tem declared the motion carried. RECEIVING MEMO FROM CITY ATTORNEY REGARDING NOYES MATTER: (SEWER AND WATER PROJECT #93) The City Attorney reported that the financial situation of the bonding company for D.M. Noyes Construction Company, Home Owners Insurance Company is very precarious. However, he did not feel that this would be any basis for a change in the relationship with the Council. He said that in his opinion the Council should ignore the problems with the bonding company and treat the construc�ion company like any other company the City may have a contract with. Mr. Comstock said that as of the last estimate, he thought that about 70� of the work is completed. Including this estimate for $9,433.56, pay�ments would be about 50�. The main difference is the amount of retention. Besides the normal 10�, there is also an item called "Adjustments" which amounts to a total of $43,371.00 retained. He said that it was questionable whether the sewer line in certain streets would pass the infiltration tests. He said that he was also unhappy about the cleanup work. There are some inverts that are still rough. In his opinion the Council should pay on the basis of completed work, and if they are willing to make these tests to determine if the other work is complete, then a larger payment can be made. This estimate is the amount of money that normally would be owing any other t worker in the City. At this, time he recommended withholding any other payment until there are indications that they intend to start testing soon. There has been no testing done. He said that he understood that there would be some testing done on the water line the next day. He said that the retainage through the Adjustments are arbitrary on their part. The contract calls for periodic payment on those parts of the work that is completed. Since there has been no testing, it cannot be considered completed. Mr. Paul Noyes, Mr. Dave Noyes, and Mr. Fran Wilcox were present representing the D.M. Noyes Construction Company. Mr. Paul Noyes said that there was about $43,000 withheld through "Adjustments", plus the normal retainage of about $13.000. He said that he had never heard of such "Adjustments" before. He said that the company has already lost ai�out $75,000 on this project. He said that in his opinion Mr. Comstock is recommer����Q p�ithholding more, because he is not sure of his legal footing. He said that i� they onl� got this $9,000 payment of the estimate, they woul� shu� d��ara, #k}e pro�eCt- .. .�u mw . ' � �� � , ' � REGULAR COUNCIL MEETING OF MAY 18, 1970 ' I� ' � PAGE 21 Councilman Sheridan asked why he does not start the testing. Mr. Paul Noyes said that they have a completion date of July 1, they have about two weeks work left if they continue to work, and not stop for testing. He said that they must have their money to continue the work. He said that he did not have.one letter in his office stating that there was anything wrong with the workmanship. He said that it has been to wet to test, and that there is no sodding,required, so there is very little cleanup to do. Councilman Liebl said that he wanted the project completed properly, and asked what kind of a guarantee they could give. Mr. Paul Noyes said that they had already taken a$75,000 loss, so if they were going to walk off the job, they would have done it long ago. He then explained that they have had much more trouble than they had anticipated, plus underbidding the job. Councilman Harris asked on the basis of the work completed, what they think should be done. Mr. Paul Noyes said that he felt that the Adjustments should be thrown out, and that the City would be completely safe in paying the money due. If they are thrown out, the testing can be done this week. He felt that it would create an undue.hardship to accept only the $9,000. The City Attorney asked if the suppliers would be paid. Mr.Paul Noyes said yes, but how can the suppliers be paid with only the $9,000. He said that they were two weeks away from finishing the project. Then they would have some cleanup. Councilman Harris asked if they had considered what would happen to them if they should walk off the job. Mr. Paul Noyes said yes, and added that this is the last water and sewer job they intend to do. He said that this has been one of tlie toughest he has ever seen. He said that they were about 85� done now. Councilman Harris said that if the job was not completed, and the bond was no good, the City would be liable for a law suit. ' It was•agreed through further discussion that Noyes is to meet with Mr. � ' �J ' � � ' � ;� Com'stock, Consulting Engineer concerning the testing of areas completed. A1so, Noyes is to provide the Consulting Engineer with a list of supplies, labor and matexials paid on due bill,s on the Fridley project. The checks would still be made to the D.M. Noyes Construction and the Home Owners Insurance Company. Mr. Noyes is to have information for the Consulting Engineer by Friday, May 22, 1970, and meet with him by that time. Then the Consulting Engineer is to provide information to the Council at the Meeting of May 25, 1970, at which time the Council will then consider further release of funds. MOTION by Councilman Sheridan to authorize payment of Estimate #6 for the � D.M. Noyes Construction Company for Sanitary Sewer and Water Improvement , #93 in the amount of $9,433.56, the check to be made out to both the � construction company and the bonding company. Seconded by Councilman Liebl., Upo� a voice vote, all voting aye, Mayor Harris Pro tem declared the motion ' carried. CONSIDERATION OF HAVING FRIDAY AS HOLIDAY BEFORE MEMORIAL DAY INSTF.AD OF ON NORMAL MONDAY: MOTION by Councilman Liebl to concur with the Administration, and grant Friday before Memorial Day as a Holiday rather than Monday. Seconded by Councilman Sheridan. Upon a voice vote, all voting aye, Mayor Harris Pro tem declared the motion carried. .REGULAR COUNCIL MEETING OF MAY 18, 1970 RECEIVING UARTERI,Y REPORT FROM HEALTH SANITARIAN . PAGE 22 MOTION by Councilman Breider to receive the ,7anuary, February, and March activity report submitted by the Health Sanitarian. Seconded by Councilman Liebl. Upon a voice vote, all voting aye, Mayor Harris Pro tem declared the motion carried. RESOLUTION #101-1970 - ADOPTTNG CITY OF FRIDLEY MEMORANDUM #4-1970 A�a THE OFFICIAL EMPLOYEE EDUCATION PROGRAM FOR TH� CITY OF FRIDL�Y: Councilman Liebl asked if this would apply to both union and non-union employees, and the City Manager replied yes. MO�'ION by Councilman Liebl to adopt Resolution #101-1970. Seconded by Councilman Breider for discussion. Councilman Breider wondered if the paragraph 2a, concerning issuing a letter grade of "C" or above and paragraph 2b, concerning issuing a numerical grade of "70�" or above could not possibly come in conflich with each other, if an institution were to use both systems concurrently. He asked if there were any supervisional guidelines. The City Manager said that they would be granted relative to the City of Fridley's needs. They must have some relation to the persons job. THE VOTE UPON THE MOTION, being a voice vote, all voting aye, Mayor Harris Pro tem declared the motion carried. RESOLUTION #102-1970 - ORDERING IMPROVEMENT AND FINAL PLANS AND SPECIFICATIONS AND ESTIMATES OF COSTS THEREOF: STREET IMPROVEMENT PROJECT ST. 1970-4 ADDENDUM #1: The City Engineer said that in February the Council authorized the City Attorney to start condemnation proceedings to get the necessary right of way. He said that he has talked to Peter Lindberg on what his plans were for filing his plat. Councilman Harris told Mr. Richard Harris that the authorization for the condemnation is found in the February 9, 1970 Council Minutes and asked him if he would wish to see them. Mr. Harris decli,ned. Mr. Peter Lindberq said that he would be wiiling to dedicate the right of way�', , on the east side of Main Street. The City Engineer told him that at this time � there would be a mat placed on the street, but no curbing. Later there would I be a leveling mat and the curbing put in. Mr. Harris said that he had read � the memorandum written by the City Attarney concerning the condemnation of I the National Container Company (Dworsky) property, and he guessed that he would have to accept it. He felt that on 77th from the railroad tracks to � Main Street the condemnation cost should be spread throughout the area, , since this is the only access, and the only crossing over the railroad tracks. Councilman 5heridan felt that this would be the result of the I spreading of the assessment cost, since the cost of the acquisition is against the project. ' ' REGULAR COUNCIL MEETING OF MAY 18, 1970 ��' � � ' �� CI PAGE 23 Mr. Richard Harris said that they have purchased property across the street from them, so they will again be in the position of either dedicating the property or allowing it to be condemned. He said that they did not know which they would do. He said that he �oas in favor of the street project. Mr. Harold Harris added that the north � of 79th Avenue is not dedicated. MOTION by Councilman Liebl to adopt Resolution #102�1970. Seconded by Councilman Breider. Upon a voice vote, all voting aye, Mayor Harris Pro tem declared the motion carried. RESOLUTION #103-1970 - RESOLUTION CONFIRMING ASSESSMENT FOR STREET IMPROVEMENT PROJECT ST. 1969-1 - ALDEN WAY AND 62ND WAY ONLY: Councilman Harris said that Mr. ?!o�;* felt that he was being assessed fairly. He is gettinq about 5175 l�:ss :�-.:., ss:n���,t. Cour��:ilman Sheridan said that he did not feel that there should be any deviation from the normal procedure for assessment rolls. ' MOTION by Councilman Sheridan to adopt Resolution #103-1970. Seconded by Councilman Breider. Upon a voice vote, Harris, Sheridan, and Breider voting aye, Liebl voting nay, Mayor Harris Pro tem declared the motion carried. ' ' ' ' � ' ' ' RESOLUTION #104-1970 - RESOLUTION DIRECTING PREPARATION OF ASSESSMENT ROLL FOR SEWER IMPROVEMENT PROJECT NO. 91: MOTION by Councilman Sheridan to adopt Resolution #104-1970. Seconded by Councilman Liebl. Upon a voice vote, all voting aye, Mayor Harris Pro tem declared the mqtion carried. RESOLUTION #105-1970 - RESOLUTION DIRECTING PUBLICATION OF HEARING ON PRO- POSED ASSESSMENT ROLL FOR SEWER IMPROVEMENT PROJECT #91: MOTION by Councilman Sheridan to adopt Resolution #105-1970. Seconded by Councilman Liebl. Upon a voice vote, all voting aye, Mayor Harris Pro tem declared the motion carried. CONSZDERATION OF RESOLUTION WAIVING THE REQUIREMENT OF AN INDEMNIFYING BOND PRIOR TO THE ISSUANCE OF' A DUPLICATE TO COVER A LOST OR DESTROYED OR.DER-CHECK: The City Attorney voiced some objection to this as he did not believe that the City would have sufficient protection. He felt that if this is done, there should be a $100 minimum. MOTION by Councilman Liebl to table this item for further study by the City Attorney, and return to the Agenda if applicable. The motion was seconded and upon a voice vote, all voting aye, Mayor Harris Pro tem declared the motion carried. RESOLUTION #106-1970 - �RDERTAiG PRELIMINARY PLANS, SPECIFICATIONS, AND ESTIMATES OF THE COSTS THEREOF: STREET IMPROVEMENT PROJECT ST. �970-4, ADDENDUM #2: MOTION by Councilman Liebl to adopt Resolution #106-1970. Seconded by Council- man Breider. Upon a voice vote, all voting aye, Mayor Harris Pro tem decared the motion carried. � REGULAR COUNCIL MEETING OF MAY L$, 1970 PAGE 24 , RESOLUTION #107-1970 - RECEIVING THE PRELIMINARY REPORT AND CALLING A PUBLIC 13F',BTtING ON THE MATTER OF THE CONSTRUeTION OF CERTAIN IMPROVEMENTS: STREET IMPROVEMENT PROJECT ST. 1970-4, ADDENDUM #2: MOTION by Councilman Liebl to adopt Resolutior #107-1970, and set June 8, 1970 as the Public Hearing date. Seconded by Councilman Sheridan. Upon a voice vote, all voting aye, Mayor Harris Pro tem declared the motion carried. LICENSES: SERVICE STATION Bill's Service 3709 Marsha11 Street N.E. Fridley, Minnesota Country Boy Station Store '1301 N.�. Mississippi Street Fridley, tlinnesota Tom Ryan Conoco 6389 University Avenue N.E. Fridley, Minnesota OFF SALE BEER Fridley Food Market 8154 East River Road Fridley, Minnesota FOOD ESTABLISHP�NT Fridlep Food Market 8151� East River Road Fridley, Minnesota Don�s Gulf Station 5300 Central Avenue N.E. Fridley, Miruiesota �-Sears Roebuck & Co. 6199 Highway 65 N.E. * Fridley, Minnesota ' �- Yending Machines On1y By: William Svetin By: John D. Baucom, Jr. By: Thomas F, Ryan By: John A. Rieck By: John A. Rieck By: Donald J. Michaels By: Viking Enterprises I'� ❑ � ' APPROVED BY _ ' BuiZding Inspector Fire Inspector � Building Inspector Fire Inspector ' Building Inspecto� Fire Inspector , Chief of Police Health Inspector � 1 Health Inspector ' Health Inspector ' Health Tnspeetor ' � ' I ' .I � ' , FZEGULAFZ COUNCIL MEETING OF MAY 18, 1970 , LICENSES CONTINUED. ' � EXCAVATING Lenny CochXan Excavating Inc. ' 6537 Central Avenue Minneapolis, Minnesota , Mike's Excavating Route 4�1, Box 335 Anoka, Minnesota , Park Construction Company 51-37th Avenue N.E. Minneapolis, Minnesota IGAS SERVICES � Schnapp Plumbing & Heating 937-88th Lane N.W. Coon Rapids, Minnesota '�. , GENERAL CON1'RACTOR Chucks Construction Company �,� 3800 Hayes Street N.W. ,. Columbia Heights, Minnesota '� , Custom Blacktop Construction � 7651 Central Avenue N.E. Fridley, Minnesota � k Bud Johnson Construction Co. 4517 Belvidere Lane Edina, Minnesota ' R-Lee Construction Company 3307 North Highway.#100 ' Minneapolis, Minnesota Smith & Anderson Inc. 912-40th Avenue N.E. 1 Minneapolis, Minnesota HEATING , Schnapp Plumbing & Heating 937-88th Lane N,W. � ' Coon Rapids, Minnesota ' By: Leonard Cochran By: Mike Kircher By: Duane E. Prairie By: ,Stanford Schnapp By: Charles J. Nelson By: Marlo June By: W. M. Johnson By: Albert Blazevic By: Ronald E. Smith By: Stanford Schnapp PAGE 25 APPROVED BY Bldg. Insp. Bldg. Insp. Bldg. Insp. Plbg. Insp. Bldg. Insp. Bldg. Insp. Bldg. Insp. Bldg. Insp. Bldg. Insp. plbg. Insp. REGULAR COUNCIL MEETING OF MAY 18, 1970 LICENSES CONTINUED. PAGE 26 MASONRY APPROVED BY Cedar Concrete Company Inc. 7720 Wentworth Avenue South �' Minneapolis, Minnesota By: William Smith Building Insp. Johnson Cement Company 5801 Lyndale Avenue North Minneapolis, Minnesota By: Robert L. Johnson Building Insp. Victor Loeffler Construction 5135 Greenwood Drive Moundsview, Minnesota By: Victor H. Loeffler Building Insp. BLACKTOPPING Fairfax Asphalt 5841 Zenith Avenue North Minneapolis, Minnesota By: ,7ohn Pfaff Building Insp. GENERAL CONTRACTOR Dailey Homes, Inc. 8510 Central Avenue N.E. Minneapolis, Minn. 55433 By: Howard C. Thorson Building Insp. MOTION by Councilman Liebl to approve the foregoing licenses. The motion was seconded and upon a voice vote, all voting aye, Mayor Harris Pro tem declared the motion carried. : CLAIMS: MOTION by Councilman Sheridan to approve payment of the General Claims #21322 through #21468 and Liquor Claims #4444 through #4501. The motion was seconded and upon a voice vote, all voting aye, Mayor Harris Pro tem declared the motion carried. ESTIMATES: } Minnesota Onan Corporation 2525 Eagt Franklin Ave. ` Minneapolis, Minnesota FINAL Furnishing and Installing 85KW Electric Generating System and Control $12,577.00 Morgan Equipment Company P.O. Box 4184 Madison, Wisconsin 53711 FINAL Balance on Siren Equi�m��t $ 1,716.00 REGULAR COUNCIL MEETING OF MAY 18, 1970 PAGE 27 ESTIMATES CONTINUED. Electric Servace Co. 1609 Chicage Avenue Minneapolis, Minnesota 55404 FINAL Installation of Outdoor Warning System $ 7,100.00 Comstock and Davis, Inc. For Furnishing Professional Consulting Engineers Engineering Services on the 1446 County Road "J" FolloWing Projects: Minneapolis, Minnesota FINAL Estimate #l, Sanitary Sewer Improvement $ 1�247.30 Project #96, Addendum #1 FINAL Estimate #1, Sanitary Sewer Improvement $ 1,007.71 Project #96 PARTIAL Estimate #1, Water Improvement Project $22��10.15 #95, Schedule B For the staking out of the construetion work for the . following projects: PARTIAL Estimate #6, Sanitary Sewer Improvement Project 66.26 #96, Addendum #1 from March 30, through A,pril 25, 1970 $ PARTIAL Estimate #4, Sanitary Sewer Improvement Project $ 53.68 #96 from March 30, 1970 through April 25, 1970 PAgTIAL Estimate #7, Water Improvement Project #95, Schedule A-1, Wells #10, &#11 from March 30 through $ 323.80 April 25, 1970. ' Pp,RTIAL Estimate #7, Water Improvement Project #95 Schedule A-2, Well�#12 from March 30 through $ 238.39 April 25, 1970 PARTIAL Estimate #4, Water Improvement Project #95, $ 52.2'� Schedules E& F from March 30 through April 25, 1970 PARTIAL Estimate #7, Water Improvement Project #95, 38,02 Schedule_A-3, Well #13 from March 30, through April 25, 1970 S PARTIAL Estimate #6, Sanitary Sewer & Water Improvement $��668.33 Project #93, from March 30 through April 25, 1970. MOTION bX Councilman Liebl to approve payment of the estimates. Seconded by Councilman'Breider. Upon a voice vote, all voting aye, Mayor xarris Pro tem declared the motion carrisd. 1 REGULAR COUNCIL MEETING OF MAY 18, 1970 COMMUNICATIONS: PAGE 2$ A. SPUR SERVICE STATION: RE UEST FOR IMPROVEMENT OF MISSISSIPPI STREET MOTION by Councilman Liebl to receive the communication from Spur Service Station dated May 11, 1970, and refer to the Administration. Seconded by Councilman Sheridan. Upon a voice vote, all voting aye, Mayor Harris Pro tem declared the motion carried. B. BERNICE OLSEN: REQUEST FOR NO-PARKING SIGN ON ONONDAGA STREET MOTION by Councilman Breider to receive the communication from Bernice Olsen dated May 6, 1970 and forward to the Administration for review. Seconded by Councilman Liebl. Upon a voice vote, all voting aye, Mayor Harris Pro tem declared the motion carried. C. WILLIAM D. CAMP, JR.: REG CHARGE REFUND MOTION by Councilman Breider to receive the communication from William D. Camp, Jr. dated April 30, 1970. The motion was seconded and upon a voice vote, all voting aye, Mayor Harris Pro tem declared the motion carried. D. REVEREND STONE: RE UEST PERMISSION TO RECEIVE DONATIOIVS AT BALLGAME MOTION by Councilman Liebl to receive the communication from Pastor Arnold M. Stone, Redeemer Lutheran Church dated May 13, 1970 and approve the request. The motion was seconded and upon a voice vote, all voting aye, Mayor Harris Pro tem declared the motion carried. E. NSP WEEKLY REPORT MOTION by Councilman Breider to recei�ve the weekly report from NSP dated May 15, 1970. The motion was seconded and upon a voice vote, all voting aye, Mayor Harris Pro tem declared the motion carried. F. FRIDLEY FIRE DEPARTMENT; DEATH OF FIREMAIV MOTION by Councilman Liebl to receive the communication from Robert S. Hughes, Fire Chief, dated May 18, 1970. The motion was seconded and upon a voice vote, all voting aye, Mayor Harris Pro tem declared the motion carried. COMPLETION OF WATER IMPROVEMENT PROJECT #95, SCHEDULE B: Mr. Comstock, of Comstock and Davis, Consulting Engineers, explained that a problem exists due to strikes that prevent completion of water Improvement Project #95, Schedule B in time to avoid water shortages during warm weather. He said that an agreement of the contractor is needed to proceed under emergency, either by interi.m agreement with the union or getting a release to allow passage of an emergency ordinance. MOTION by Councilman Liebl to authorize the City Attorney and the Consulting Engineer to proceed through whatever channels it seems necessary to complete the project. Seconded by Councilman Breider. Upon a voice vote, all voting aye, Mayor Harris Pro tem declared the motion carried. � � ,,� °' .�� � _ ' � 1 1 � I� 1. � � 1. 1 ����� � � 1 1 1 4. REGULAR COUNCIL MEETING OF MAY L$, 1970 PAGE 29 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 motion carried and the Regular Council Meeting of May 18, 1970 adjourned at 2:00 A.M. Res�.ectfully submitted, C..;�'Cf?�' � c "..-t � � �, v Juel Mercer Secretary to the City Council .Tack O. Kirkham Mayor ' ' ' ' ' ' PAGE 30 THE MINUTES OF THE SPECIAL WORKSHOP COUNCIL MEETING OF MAY 26, 1970 Mayor Kirkham called the Special Council Workshop Meeting of the City Council to order at 6:00 P.M. ROLL CALL: �— MEPRBERS PRESENT: Harris, Breider, Kirkham MEMBERS AgSENT: Liebl, Sheridan REPORT BY CITY ATTORNEY REGARDIIVG CHIES MANDAMUS SUIT: , The City Attorney reported that he had checked with Virgil Herrick, the former City Attorney, and he said that Mr. Chies has been brought to Municipal Court three times, the last time he was ordered to clean up his property or go to jail. He cleaned up the property by pushing the debris onto the City right ' of way. He said that in his opinion the City did not_ ��ave any legal right to withhold the balance of the condemnation award due Mr. Chies. He reported that he has talked to the Finance Director and they feel that the best way to handle � the $3,250 due for the clean up is through assessment. If the assessment is appealed in Court, it can be fought. '1'ht �hies matter is in court the 29th " of May . . ' , MOTION by Councilman Harris to proceed with trying to recover the outstanding $3,250 from Mr. Chies through assessment, as outlined by the City Attorney. Seconded by Councilman Breider. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried. Councilman Harris commented that he hoped that the Courts will not let him go, ' without putting up the fence. He has been in violation of the City Ordinances, and there is a principal involved here. ' CONSIDERATION OF PAYMENT TO D.M. NOYES CONSTRUCTION COMPANY; (WATER AND SEWER PROJECT #93) The City Attorney reported that it is his conclusion that the suppliers cannot 1 sue the City, as long as there is a bonding coanpany. The State Statutes set out an exclusive procedure for Munici,palities to follow. In his opinion, the suppliers for the project may try to sue for payment, but he felt that the 1 Court would not uphold the suit. He felt that the City would be on very Xisky ground interfering with the Noyes contractural agreement, and that they must be treated like any other construction company, without regard to the bonding company's unstable financial condition. He felt that the Council should take ' the position of concurring with the Consulting Engineer and pay for the work that is completed. Councilman Harris said that he was concerned about the bonding company goinq broke. The City Attorney said that there was not too much to fear in the suppliers suing the City, but Noyes would be in a position to sue the City for breach of contract if the payments were not made. Mayor Kirkham asked if there was any more recent report on the standing of the bonding company, and the City Attorney replied no. The checks are still being made out to the Noyes company in con- 5PECIAL COUNCIL MEETING OF MAY 26, 1970 PAGE 31 junction with the bonding company. He thought that the bonding company may be making payments on other old claims, rather than on the Fridley site. He said that Mr. Noyes does not object to this method of payment. He pointed out that Noyes would be personally liable if they deraiilt. Councilman Harris asked if there had been any work done the past week. Mr- Comstock, Consulting Engineer said yes, they have been testing as they said they would at the last Council Meeting. Out of some 20,000 feet of lines, 9,464 feet have been tested, and there have been some areas located that need repairs. He felt that about � of the lines passed the testing. The manholes have been finished and the inverts are now all right. He felt that there should still be some adjustments retained, as there is still some repairing to do. He indicated the Council could make a payment of an estimate for $20,100.74 which is the most that could be paid based on work completed. Mayor Kirkham asked Mr. Comstock, if this was another contractor, would some money be held back and Mr. Comstock replied yes. Mr. Comstock said that normally there is a two or three.week interval between the completed work and the time the estimate is submitted to the Courlcil for payment. Councilman Harris commented that the last two or three jobs have taken a lot of time of the Consulting Engineers, which brings up the question of whether the lowest bidder, is really low. The constant supervision and inspections by the Consulting Engineers cost money too. Mr. Noyes handed out a financial analysis since May to the members of the Council, which showed the status of the job. He said that it should be clo�e to final. There was a$121,000 net loss on the project. He asked how the project is to be financed to get it completed. He said that he needed at ieast $25,000 to meet the payroll. He said that he would also like to pay some to his suppliers. He said that if the Council wished to make payment jointly with the suppliers this was agreeable with him. He felt that the normal quidelines did not hold in this case. He said that his suggestion would be for the City to provide the money for completion of the �`ob. Mr. Comstock said that there has been about $118,000 paid to date, and there is still about $116,000 to be paid. He said that Mr. Noyes believes that there will still be between $5,000 and $10,000 to collect from the bonding company at the completion of the project. Councilman Harris said that Mr. Noyes must realize that the City would be liable for a citizen's law suit if there is a deviation from the contract. Mr. Noyes commented that he did not feel that the $50,000 should be held back, but obviously �Ir. Comstock feels differently. Mr. Comstock said that he was happy with the testing done so far, but now they have started new construction. He said that the simplest method for receiving payment would be to continue testing. There was nothing done today. Mr. Jack Weber, of D.M. Noyes Construction Company said that he was unaware that the testing had been stopped and that it would be started again in the morning. Mr. Comstock said that as soon as the testing is done, and the repairs are made, more money will be released. Mr• Weber asked what justification there is for not paying for work completed last week. Mr. Comstock said that this was not mentioned last week, and payments should be handled like any other payment on a project. , ' ' ' ' SPECIAL WORKSHOP MEETING OF MAY 26, 1970 PAGE 32 Mayor Kirkkiam said that the Council is willing to pay only for that portion that is satisfactorily completed. He said that he could not agree to paying anything more than the Consulting Engineer recommends. Councilman Harris added that the Council will be meeting over the next three weeks, and when the work is completed, there can be a new estimate submitted for payment. Mr. Noyes said that at the completion of the project there will be a shortage of about $5,000. He said that he has liquidated some of his assets to make the payments. MOTION by Councilman Harris to authorize payment of $20,100.74, jointly to ,�� Noyes and the bonding company, and ask that there again be an estimate on the Agenda next Monday, the procedure to be the same as last week, whereby Noyes is to meet with the Consulting Engineer on Monday before payment. ;. , Seconded by Councilman Breider. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried. ' � � ' ' ' CONSIDERATION OF THE SALE OF MUNICIPAL BONDS: (ROBERT EHLERS): Mr. Robert Ehlers explained that if the sale is to be June 1, 1970, there would be no chance of a rate change for the City. There must be at least one working day between a rate change and a sale. There is a meeting set up for Thursday in New York at 10:00 A.M. with Moody's which the City Engineer and the Finance Director and himself plan on attending. He felt that there would be less than a 50-50 chance of getting the rate changed, but he felt that it would be worth while trying. He said that the market is the worst it has ever been for tax exempt bonds, but it should improve. If it should get worse, it �nay mean that the bonds cannot be sold at all. He said that he recommended postponing the sale of the bonds to the 29th of June. Councilman Harris said that he would agree. He asked what the premise would be for attempting to get a better rating for Fridley. Mr. Ehlers said thi�t Fridley has been improving rapidly, and he felt that Fridley should be within an A rating. There are not many communities having over 50� industrial and commercial enterprises. He said that also many communities are not as far advanced with the sewer and water i.mprovements. Councilman Harris felt that the calculated risk must be taken in sending the City Engineer and Finance Director to New York and postponing the bond sale. Mr. Ehlers felt that the personal contact with the analyst would be helpful. MOTION by Councilman Harris to postpone the sale of municipal bonds from � ' June 1, Y970 to June 29, 1970, at 7:30 P.M. Seconded by Councilman Breider. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried. � ' ' ' ADJOURNMENT: There being no further business, Mayor Kirl:ham declared the Special Workshop Council Meeting adjourned at 6:50 P.M. Respectfully submitted, _--, '—;�`�-«-f' -��,C!�Z.�r,/C.-` J`uel Mercer Secretary to the City Council Jack 0. Kirkham Mayor , 1 ' ' � ,�� ORD I NANCE N0. �'� � AN ORDINANCE REGULATING BURNING, ADOPTING THE AIR POLLUTION REGULATIONS OF THE MINNESOTA POL�UTION CONTROL AGENCY BY ' REFERENCE; PROVIDING REQUIREMENTS FOR THE STORAGE AND COLLECTION OF REFUSE; REPEALING ALL OF CHAPTER 33 OF THE CITY CODE; AND PROVIDING PENALTIES FOR VIOLATIONS OF THE PROVISIONS THEREOF. THE 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, 1969, are hereby adopted by reference. Three copies of the Regulations shall be marked as official copies and fi'led for use and examination by the public in the office of the City Clerk. � � Burning 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 1 � provided by the City Manager requesting any necessary information requested by the Manager. � � , ' , � � ' ' Burning Prohibited No person shall cause, suffer, permit, or allow the burning of refuse, litter, grain, grass, growing crop, weeds, standing timber, buildings, combustibTe material or an.ything after the passage of this ordinance. Refuse Burning 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 approval 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 l, 1971, whichever is the sooner. 3� � C� 1 � ' � � � ' �� �� ' � CJ � ' ' ' _ Auxi 1 iary Burner for Incinerators Where necessary to meet the emission requirements of the regulations, the City shall require the installation of auxiliary combustion facilities in incinerators. Refuse Disposal in an Approved Landfill Site .� No person shall dispose of refuse, as defined in Pection 38.011 of the City Code upon any lands in the City except on an approved landfill sice. 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 wifih Minnesota Statutes 1967, Chapter 116 as amended by Chapter 1046 of the Minnesota Laws of 1969. _ Storaqe of Refuse Al1 refuse shall be stored in�containers as required by ordinance. Containers to be Kept Covered All containers shall be kept tightly covered when refuse is stored therein. Penalty Any person violating this ordinance or the regulations incorporated by reference, shall be guilty of a misdemeano� 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 Day 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. Repealer Upon adoption of this ordinance, all of Chapter 33 of the City Code of Fridley is hereby repealed. � � PASSED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY, THIS DAY OF �, �' � � , 1970. MAYOR - JACK 0. KIRKHAM ATTEST: CITY CLERK - MARVIN C. BRUNSELL First Reading: May 18, 1970 Second Reading: '��R, � � ' ` Publish: .`3 `"� � , , • • . �� ' .. . � , ' � FRIDLEY VOLUNTEER • • fIREMANS RELIEF ASSOCIATtON , • � ' • �RIDLEY. MINNESOTA . MINNEAPOLIS 21, AIINNESOTA , . • , . '• Memo To: Honorable Mayor and City C.ouncil , . , '� � Homer R. Ankrum, City Manager �, From .' Robe rt D. Aldrich, President, Firemens Relief Association � . Date . . May 25. 197�: � � � ' Subject: By-Law Amendments '� , � � . _�' In Section 1 and 2, Article VI of• the By-Laws of the Relief Association, �-' � we have language setting forth certain criteria for disability benefits for both job incurred disabilities and those disabilities not job rclated. In drafting the.By-Laws, the committee used pension benefits to determine the amount of disability benefits and in doing so felt that the age limit set for pensions would apply. Subsequently we - asked the previous city attorney to advise the Board if this was of , any consequence. His opinion was that in absence of any other language 1 relating to age of eligibility, a disabled fireman is eligible for � benefits commencing on the date o,f the disability. , Inasmuch as the original thinking was to make the benefit available _ at�the minimum retirement age of 55 years, these amendments were " prepared and unanimously agreed upon to add the necessary language � • setting the age of eligibility at 55 years. � RDA:et ' � " . �' � . , • . ' . . . .• • . ' . �' . . i. . , . ♦) r�I � ) / THIS IS THE NEW PROPOSED AMENDMENT ARTICLE VI DISABILITY BENEFITS �ECTION 1. VOLUNTEER 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 emplo�rment as a fireman, and where he has served at least 10 years, the disability amount shalt 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-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) 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 benefit equal to 45% of the average salary ' of a first class firefighter commencing on the date of such disabitity 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 he has at least 10 years of service, the benefits shall equal 22'—z°� of the pay of a first class firefighter, with an additional 24% for each year of service beyong 10 years, but not to exceed a total of 45%, and payable when the fireman achieves the minimum retirement age as specified in the Association 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) The commission of or the attempt to commit an assault or felony by the individual. ' � ' � THIS IS THE EXISTING ARTICLE ARTICLE VI DISABILITY BENEFITS SECTION I. VOLUNTEER FIREMEN DISABILITY BENEFITS. Any volunteer , fireman who shall become permanently disabled from performing the duties as a fireman, should be paid a disability or $100 per month, where 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 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. SECTION 2. PAID FIREMEN DISABILITY BENEFfTS. Any paid fireman who should become permanently disabled from performing his duties as a fireman shall receive a disability benefit equal to 45% of the average salary of a first class firefighter or hi5 present salary if less than a first class firefighter. � • Where such disability is not causally related to his employment as a firefighter, and he has at least 10 years of service, the benefits shall equal 222% 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 tota 1 of 45°/,. SECTION 3. EVIDENCE OF DISABILITY. The Board of Trustees reserves the right to require from the disabled fireman at any time, evidence satisfactory to the Board verifying the fireman's disability. The Board may require an examination of the applicant at the Board's expense by a licensed physician of the Board's choice prior to ruling on any disability claims. SECTION 4. CLAIMS FOR RECURRING DISABILITY. A statement by the attending�physician that the fireman is able to perform his normal duties as a firefighter will be required in all disability claims. No claim for recurring injury resulting from the previous disability will be accepted by the Board unless said statement has been furnished to the Boa rd . � 0 . ��f �ri REMAINING APPOINTMENTS TO BE MADE BY COUNCIL, ,TLTNE 1, 1970 PRESENT MEMBER TERM EXPIRES APPOINTEE Plats and Subdivisions - Streets and Utilities (3 Yr Term - 5 Members) (Section 40) Thomas Myhra 12-31-69 6360 Able Street N. E. Fridley, Minnesota 55421 Human Relations Committee (15 Members - 3 Year Term) (Resolution #271-1964) � Donald Batterson 12-31-69 6480 Riverview Terrace ° Fridley, Minnesota 55421 � 0 ORDINANCE N0. AN ORDINANCE AMENDING SECTION 45.103 RELATING TO THE LOT AREA AND LOT WIllTH REQUIREMENTS FOR C-1, C-1S, C-2, C-2S. The Council of the City of Fridley do ordain as follows: SECTION 1. Section 45.103, Subdivision 1 of the Fridley City Code is hereby amended to read as follows: 1) Lot Area - A lot•area of not less than 25,000 sc{uare feet is required for one main building, however, if the lot width for a lot is a minimum of 200 feet, the lot area requirement of 25,000 square feet is waived, and no minimum lot area is required. 2) Lot Width - A lot width of not less than 200 feet is required at the required setback , however, if the lot area for a lot is a minimum of 25,000 square feet, the lot width requirement of 200 feet is waived and no minimum lot width is required. I' PASSEll BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS I� DAY OF I � I ' I' ATTEST: I, CITY CLERK - MARVIN C. BRUNSELL , First Reading: Second Reading: , Publish........ �' c , 1970. MAYOR - JACK 0. KIRKHAM 4 �� ;+ � �, c�f o r�d�e � � ANOKA COUNTY 6431 UNIVERSITY AVENUE NE May 19, 1970 sao-3450 FRIDLEY, MINNESOTA 55421 Edward A. Marciniak 601 58th Avenue N.E. Fridley, Minn. 55421 Re: Acquisition of Easement on the Northwest Cox'ner of your Property Dear Mr. Marciniak: As per our telephone conversation, we will recommend to the Council that you be paid Fifty Dollars ($50.00) for the 15'xl5' corner easement and the City would relocate the fence at their expense upon acceptarice of the executed deed. I hope you will find this satisfactory. • Yours very truly I ��(..c��� N� ' ���� � NASIM M. QURESHI, P.E. City Engineer-Director of Planning NQ:ob Enc. 1 � 0 ' � � or �rriaisy. City Couaoi � ' � ' ' II !'ridt��,Yinneaota Yay 2b,19'TO 4`� tle Lhe reeidente and property owner� ad.loining eaid new 30 foot ateLition of 57th_Avenue aad Je!lerson Btreet between 57th and 58th Aveaae,p you the=�City flouncil tti coneider our grsevenoe. Tlae pri�►ary grievenoe le the assesament� Lo be pa�ee8 on Lo the pro�erty aoi►ner• who ha�e front,aAe on theee eaid streeta at ?5;� to the peopl�etfae1 ne�d this atreet and 25� by ue the owr�ers who ad�oin this atrest. we did not pet�tion for or do not need thie streaL,ea a.11 our properti�s have aea*ee to garage� anci property irom the front of our lote,and thoes who need Lhis street scoe8B8�88etreet�Por�thewpeoplef to be aervedtbYeit �,e believe Lhis ie a n e Y sd they ehoula be asaeseed for it,not ua. 4rip�inally,tbis waa to be a 6o foot street ae •11 the r��t in Fridl�y. It was replotted and Lhe aity vaaated 3o f eet of Lhi� property Lo Lhe aontrsatore that built theee homee,which ie inoorpor�tsd la our lota, and now f�elothe�iametreet andi the totalrocst• ofr�ams�totbe bora �t petitioned f r esclusivel,Y by them. � , � _�� , � �� �'��_---__ - l. Z ---------------------- 1 � a s !l� Z.�-r. . �" �. 1 � � ' � ' � � 3� �,L�.%�,r���. ��N-+..�'.f���1�L;1�L�Jr�rf�t�� 1. �' � = � - -- -. �-- , .�`�`��.' 5 ���; �� _ � � -- i'�_�-� ---- � �i�- __ � �. �� s �?��_-=�` - - a . 7.�?�=�_��� --- - - --- e.�2 �_�_�__ ��� ------ � -- , - � . g �.�/_� � __!�nJ---�l � --�--c:�_�. �o �'% �� � �- - _ _ �:���'_ . ' � _ _______ �1. - - -- -____ _- 12.' - - =�--- .. ---- -------_ _ ��-c-� �� _ 13 - ------ =="-. --- - -�-=- �� , _ ------ �,�(_Q,�a� _ �?_' _1Zr,��,'�iy_------- . Ir eaid pe�ition hae apprcvel � Nill give quit clei� dsed for north�eet eornar of lot 9�nd I►nolca Oow�,,t?+�inneeot,e►. R�apectfulla we r�m�in, the t�nder�igned propert�► owne�o • __�o - �'���� � ,- .l ----------------------___ --��z�'������z_,�z; �:��__ ___S_ j �--�%Jl�S�=s_ �_.��' s�s___ _� ?1�0__�?'����_� �_ � -- _�7�.u�,�2?��:���..� -���� ---- 2 ��Y° - ------- ------ � � =-- � �-21� l��• _�`7_3� _ � _ '�fl�_� � �--.� �ao_ � ----- -----�s =-- � �_� _ � 7�__�_�__�-�1=-- __ _ _ __ - �,�'�_.,�` :",Z `=�_�� _�-�_� ----- � � . s ��_ss��_----�=-.��---L----- __ 5-��__ ��? ` � == �'�-�---------- ----- _ `? ( `' __�'_ 7.- �-�=__�=L`-�__�� - 5'"O��' S � - - ------ --------1--��e ��!� -- _,��___ S-1 � _ �`=`= =-!y -C------ �, _ _ of ttiie Go1dp�����• �e und�rsign�d. neaseearY �5 foot taeement of Lh• bloai 8 Donnays L�►]csview Yanor �dctitoa �__ ..^ _ % . /' �� Z May � y 0 Fridl�;,y City Council G1�31 i�niversity r►v:=. �:� �'ridley, ;���inn. ���1� �? fittentior�: Cit,y ��n�inc?r Gentlemen: .� � �, The undersigned home-own .� s:f :I :rtm��n Circla, P'_�, riav� experienced years of standin� ���ater, pot holes and deeply rutted ice in tne street before our homes, because of �;rossly in4dequate drainage. ,le r•:�spect- fully re ;u�st th,�'; the pl=tnnt:d street improvement for �iartman Cirele, NE, incluce two additional storm ����;wer catch basins to be located just nortri of the southwest corner oi' H�rtman Circle, N�. These catch basins would be connected to the �t�rrn sewer system. �!nJ.v b,-;r such provisions c�n sufficient sloue be provided to �:s:�.ur:: adrquate drain- age from all parts of the south �_.nd southw�st arE:as of Hartman Circle, NE. 5uch location of additional storm sew�r catch b:�sins wil' Provide earlier interception of the run-off from the extensive •:.��� tnat drdins into and throu�;h the south and southwest areas of Har•tman Circle, N�, in addition to providin�; �re :t�r c?r��in�-{�e sl�:�e tr�rucz�h ����t these low areas. b�urthermor�e, the sugg�.sted addition�l storm sewer c3tch basins will riinimize the gr•:ide ch-�nges required in the street, thereby facilitating matchin� the street with driv��way and lawn elevati:�ns. It is unc���rstood tr�at the tl�r'ein su�gestE.d additions would c:U�e an additional cost to the tG�tal H�rtm an Circle,N�, project on the order of seven prr•cenz ( 7�'-,) and would be eoually all��cated to all Page = owners of property frontin� on �iu.i tman Circle,rl'�;, sin::.: the additions would serve to drain � larme part of Hartman Jircle,i� . F{o%�PvEr ±he benefits shot:ld be wortn the �.dded cost by prolon�in� tr:�� li�'e of the new street surface and b,y re�:ucing the a��ravation =uzd d��.nger from standin� tiauter and rutted ice. r'�;� Respectfully Yours, ; � � � - �� fs � .� i � `I / �.� � �"� y--�. C � • � U i✓� �'' L 1 . � ��Z�'Z- ' . � -�`' ``1 �f , �" / �� � / _ ... t� \_ ! / _ J' ) � \ � � � �l ".' V� � .fi--1.(� l t �� , y l� ,! YL.� [ � (' j� r ��.�Z� � � C c � � �t.� T�- E , .:�� . , _ � .� , ; � � L' `� �_� : t �•��..�Cf� l� �, G , r�Z1� ?--�%� ,+ !�: .« �� , ���.<E ��� , . �� , t r � // ' /��.f � % � / 1 �� .. i � / �_ / ,i �' /�'!,� ��� � .` ., ,; � ��.. , � �� �- ! . 4 ! _ ! � � �� � � ,������-�z, ,� � �� �� � , �� � , � a i�� �. ; � � _ /� �y � �� � - 1 �� -�. -.1 � ` � �' ��, � . � �� -'. �� �_ �. � ,,�' - �� , � / ' � � j� f,l� � � � � , ' �_ ` i -'� =� . ��'� !< % f` � t`b�c� , ��K�� ��2�� r} '� �,� L� � 4, J t � . �:� ���-�-t ► "���� r-�� __ . - . . � � (�� ,�� ,� _ . �� . , , ��: , � .; � _ � .� ` � � , '� Q r .. Tos Fridley F;ngineering Dept. Subject: Hartman i,irele storme drainage. May 23, 19?0 As residence of Hartman �:ir^ie we the undersigned xould like to req;�est the rridley En�ineering ;'epartmen� make a study of the roa.d drainage eleva�ions on Hartman :'ircle pro:r to the pl�cement o: curb. gutter, and nex surface so a� to ensure �n���, the pr2sent storm drainage is a.�iequate. We ��el a majority of �he residences of iiartman Circle should approve any changes `_n in�� present p.Lan. '. ,( ' c �'. �_ _ _ � ` _ - ' �� _� , t 7 Lt �1.. _.C_ , (� � i� �f �'� r �� � . .. M1_ , . ' ! • � � - t. t / �1!' 7 c- � ,� a . i •. . L >�� . t- i .`� � � � PLANNING COMMISSION MEETING MAY 20 , 19 70 4� PAGE 1 The meeting was called to order at 8:05 P.M. by Acting Chairman Fitzpatrick. ; �' � ROLL CALL: Members Present: Schmedeke, Minish, Fitzpatrick, Harris Member Absent: Erickson , Others Present: Darrel Clark, Engineering Assistant ORDER OF AGENDA: Acting Chairman Fitzpatrick said the agenda would be taken in the order in which it was prepared. APPROVE PLANNING COMMISSION MINUTES: MAY_6, 1970 Mr. Harris called attention to the omission of asking Paul Brawn, Director of Parks and Recreation, to attend a Planning Commission meeting to give the members information on using evergreens for screenings around buildings,.and the types of evergreens which would grow best in Fridley. The Commission decided to make this a separate item at the end of the evening. MOTION by Schmedeke, seconded by Minish, that the Planning Commission minutes of May 6, 1970 be approved. Upon a voice vote, a11 voting aye, the motion carried unanimously. RECEIVE PLATS & SUBDIVISIONS-STREETS & UTILITIES SUBCOMMITTEE MINUTES: MAY 6 1970. • MOTION by Schmedeke, seconde,d by Harris, that the Planning Commission receive the Plats 6 Subdivisions-Streets & Utilities Subcommittee minutes of May 6, 1970. Upon a voice vote, a11 voting aye, the motion carried unanimously. i RECEIVE BOARD OF APPEALS MINUTES: MAY 12, 1970 MOTION by Minish, seconded by Schmedeke, that the Planning Commission receive the Board of Appeals minutes of May 12, 1970. Upon a voice vote, a11 voti�ig aye, the motion carried unanimously. RECEIVE ?A°� S& RECREATION COMMISSION MINUTES: APRIL 27, 1970 � MOTION the minutes Upon a voice � , i by Minish, seconded by Harris, that the Planning Commission receive of the Parks & Recreation Commission meeting of Apri1 27, 1970. vote, a11 voting aye, the motion carried unanimously. 1. PUBLIC HEA I:�G: SPECI�"-,L L'SF: PERiIT . SP i�70-02 , BY RF.Ch'EATION EQUIPMENT �--------- — SALFS, INC. (GLF`�', ?�? �`ISC'_?���): To permit retail s�les of campers, trailers, motorhomes, recreational equipment in a C-2S District (general shopping areas) to be located on Lots 1 and S, Block 1, Herwal 2nd Addition. {�� .. � 1 _ - • _�_ e 4`7 �ninf� �c�e�m�isaion Meetin�t - May 20a 1970 �� 2 I�4x�. G1enn Mischke waa present. The public hearing notice waa read by Acting Chairman Fitzpatrick. Mr..Mischke explained thai at the present time, he has 175 feet of frontage, and proposes to use 125 feet. The complete area would be fenced snd the lot blacktopped. The proposed building would be approuimately 6,000 equare feet, 3,000 sq�rare f�et would be used for the diaplay area. Also, they were not talking of trailers and moisile homes -- it raould be strictly recreational equipment. Hes said the motox� hc9mes t�lce an R license �d can be driven on parkwaya. A portion of the site will be required for service, delivery and storage. The camping ttatler home is the type that is pulled behind a passenger car. Perhaps in �inter, he a�ight have ski equipment. The building would be block and brick and clased in. James W, G�.ba�as�� 52�33 Highway l�65 N.E.: Iie asked what type of building super- structuxe dic� �r. t�i�chke plar� on using� Air. Mi.���C� �swereci that �t wouid be cemeat block with the aame decor as in the are�a �i� w� agreeable tc� fQllow the same pattern facing the highWay, b ut it wauld be t�o expen�ive to u�e i� � the back of the building. Mr. Gibson stated the basic complaint was the decor of the area would be changed substax�tialiy from what it had started out to be, which was a trend foz an office park are� and the type of business that the petitioner propoaed, he felt would not lend itself to be in an office park type of area. Of course, he addedithe argument comes along that you have the Sinclair gas station vhich is an eyesore. His tsnderstanding is that the people who own this filling ststion would, if the decor of the area is established, go along with the idea of teariag�the filling station out and continue the decor. Dr. K�nneth E. Speltz, 6220 Highway �65: He asked if Mr. I�lischke had a set of th� plans now. Mr. Mischke said he had plans of the building dra�m, but not with him this evening. The shape of the building is in the form of a T b�ing two 80'x40' structures connected. He was then asked by Dr. Speltz the kind of fencing he �lan�ed to have. Mr. Mischke replied that be cause of the problem of theft, he would have a 6' fence. Krs. Mary J. Savelkoul, 916 West Moare Lalce Drive: She said she was �peek- ing on behalf of herself, the residents and Maple Lane Bowlings Lanes. In the first place, she did not think it was the type of business to loCate so near to homes. The petitioner does not think he will repair used units on the premises. How do we know what will come of it a£ter this type is allowed. 9he felt the Planning Com�nission should consider what some of the neighbors would like. Mr. Mischke: He said he thought his place would be conducted as well as the bvwling l�ne. Ae would use an iron fence which would be high enough and private enough so that you can't see through. He felt he could keep as orderly as the places next door. The land was purchased six years ago. . Mrs. Rose R. Jaspex, 6279 Baker Avenue: She said that she would like to know how far up to he�c home all of this would be. She spoke about used ca�pers and also motox homes and trailers and asked if the motor home was one of the huge things that go in �ack ef cars? Will th�re be a Qo�t tp them, as ta�cpayers, if he has to have a road. � .� � ' � � ' � � � � , � ' ' � � i � � 4�. - 4 Plannin Commission Meetin - Ma 20 1970 .�. �1 � The Engineering Assistant called attention to the 40 foot planting strip. r(r, Mischke doe6 not owr► that. The City could not tell the people now whether or not there would have to be an assessment for StAssistant•sa dehetwas note assessment policy was explained. The Engineering in there won't be. saying there has to be a storm sewer and he was not say g There is an outlet which does go underneath West Moore Lake Drive which drains �to Moore Lake. Mr. Mischke was asked if�he would hh�ehelcouldrhavelthree walls�thevsameave three walls the same. Mr. Mischke thoug and he would like to have the building close to the fYOnt of the lot. Acting Chairman Fitzpatrick said he felt the people should understand the drainage problem cannot be attributed to the petition because it is already there. Mr. Harris read the ordinance to the audience which rincluding Ct2S which Allowed by Special Use Permit in all of the C categories, roved applied to this area. He_aesi naControleSubcommitteeralong withttheescreening. by the Building Standards D g The City does have quite a bit of control over building requests. The planting strip was discussed. Some of the people in the area use it for gardening, others just take caie WaSt�esponsiblead�Iteseems thisrstxiperty, but no one seemed to know who real y has been there since 1956. Schmedeke, seconded by Minish, that the Planning Commission close MOTION by Recreation the public hearing of the Special Use Permit request, SP #70-0�, b�s� trailers, gquipment Sales, Inc., G1e�n W. Mischke, to permit retail of campe motor homes, recreational equipment in v on aSvoicervotet�all voting aye.�he 1 and 5, Block 1, Herwal 2nd Addition. P motion carried unanimously. The Engineering Assistant explained that there is an eaeeme8nar�yistructure and South between Lotwould have odavoidathisieasementearea.it, built on the 2nd lot Mr. Gibson asked about the setb ack, which is 80 feet, but Mr. Mischke could go to the Board of Appeals to get a variance. Mr. Harris wondered if the stri would not be a good place to put evergreens. Mr. Schmedeke said planting P ut up a fence, because the evergreens would that he thought Mr. Mischke should p but by the time the fence begins to be too small now to be used as a screening, g, He ho ed to meet look worn, the txees would be large enough for a screenin P with Paul Brown, Director of Parks and Recreation to see what kind of evergreen could be used. Mrs. Savelkoul stated that if thn PthenneighborsSatoall prove this request, they won't be thinking about protect g Mrs. Jasper wondered if there would be a lot of noise when people, who were buying the equipment, would be trying them out. Mr. Mischke said it would be no more noisy than cars starting up. . I�' .� . . - . .. _ . ~�. 49 , � � � � � � �� � � ��„inag Commiaa ion i�� May 20 , 19 T0 P�se 4: • Darrel Clark aaid the requirQment oi the Code for plantin� does provide for a 20 foot sreen area�betWeen the parking lot a�d the strest. M�c. �I�iaish said they were dealing with a ratfier difficnit pisce � propert� Mith Hwy. �65 to the Eaat and residential to the Hest. When tiu mtesinasy clinic snd the mortuary were brought before the Baard of Appeals, he did not recall aAy strong objectiona from the neighbors on Baker Street. Hwever, be did feel that �the proposed petition was not consistent with the type of existioa structures. �ia ie�ling aould be ta reco�nd against ths,.�pecial use pe�it as he thvu�he the major objection of the neighbors was the o�pen storsge. ' M�. Sch�edeke atatad that the lot is quit� narra�+, aud it wa� �ot tha psoper' vidttt etnder the nev ordin�ce, but there vai �sough �quare iootaes. I�c. Miachke sa�.d if t�e Were to move ths .ienee in �other 20 faet, it voald b� 60°fset frao the pro�erty line of t�e r�aii�stial area. Be was not yainst dci�� tti�t, but it �+ould be hard to maintai.n. NOTIAIV by Kin�sh, seconded by Xarria, thwt the Planni�+g Coe�d�saton rscv�e�d denial to the Coancil of the Special Uae Pezaft �equest, �/70-OZ• by l�eecreat�an aquipment Sa2es, Inc., Glenn W. Mischke, to pe�it retail ssl�ar ot aa��rs, tratlers, sator homes, recreational equipa�ent in a C-2S Diatrict to be lxated an Lots 1 and 5, alock 1, Rezwal 2nd Addi tf ort. Upon e vof ae v�ot�, Atlnish trotin9 aye, Xairr�a and Scimedeke voting nay, the 1�'Y270N F1IZLED. Kz. flarria felt the Petitioner should brina in his plana before the Pl�nins Commisaion ahould �ake a decision. Ae addad a peacil sketch �shovin� the placing of tl�e structure� landscaping, atorage and display areas would be adeqnata• 1�OTIOIV by 8arr�s, secarided by Sch�edeJlre, tMt ths Plaanin9 Cowntsa�o�n ao�nt�nw � untt2 the next regular merting (June 3, 1970} th� request for a Spscial llse Perwft, 8P N70-0�, by Recrestton Eqvipment Sales, Inc. to permit reta�l a�tlea of recte�a- t�anal equipaient in s C-?S District to be locatsd an Lota 1 aed 5, Blxk l, Rezw�al ?nd Addition, and tt that time the petit�oner M�I2 present a alretch or plot plan. Lvpon a voioe vote. a11 voting aye, except 1�linisA �rho voted aaty. the a�otior► ca,rritQ. � i � Xr. Xinish asked that the minutes sha✓ he M�a opposed to open atorage. The audience tsere informed there would not be another public hearin� before the Plaaning Commission snd therefore they would not receive a Aotice for t2� June 3rd meeting. 2. LOT SPLIT REQUEST: L.S. �70-06, GEORGE L. WALQUIST: Lot 6 aad S� of Lot 7, flock 1, Erco's lst Addition. Site for dental clinic. Mr. Walqulst was present. Th� Engineering Assistant stated that the Plats & Subdivisions-Streets b Utilities Subcommittee recomanend approval of the lot split. The Council had �pproved tfie variance. The Subco�aittee, referring to the N� of Lot 7 being tied in with Lot $, and under one ownership, would help solve the problem of an under- aized lot under the p�����,t zoning ordinance, and platted long before the present � � P , � I ' � � , � � ' , � � � � ' ' rJO on Meeting -_May 20, 1 ordinance. The Subcommittee had no objections to the proposed building. Mr. Walquist was asked if he had plans for the N� of Lot 7 and all of Lot 8. fle said nothing was developed yet, but he would try to put an office type of building in there. Referring to the suggestion of legally binding N� of Lot 7 to Lot 8, Darrel Clark said it would be ii�ff�oudentoit�� Howevers�it�shou dtbe mentio ed inLthe8� you would have a hard t y minutes. Mr. Minish suggested that perhaps covenants on Lot 8 to tie it together with the N'� of Lot 7, could be drawn. Or the Commission could approve the lot split subjecf Lott7ewithiLotnBrandecouldnreque�stshim to have�his attorneyudraw tie the N'� o up these papers. MbTIDN by Minish, seconded by Harris, that the Planning Commission recom- mend approval to the Council of the Lot Split request, L.S. A�70-06, by George L. Walquist of the S3� of Lot 7, Block 1, Erco's Ist Addition subject to the owner preparing a covenant or other recordable document that would tie the North Half of Lot 7 to Lot 8 so that a good marketable title to Lot 8 could not be conveyed without tying in the North Ha1f of Lot 7. Upon a voice vote. alI voting aye, the motion carried unanimously. 3. COMMUNICATION FROM CITY ATTORNEY TO CITY MANAGER: The letter of May 18, 1970 from Leonard T. Juster, City Attorney, to the City Manager regarding the letter of Oliver Erickson of April 17, 1970 concern- ing variances, was passed on to Oliver Erickson, Chairman of the Planning Com- mission. No action. 4. pLANTING OF EVERGREENS IN FRIDLEY: CONSULT PAUL BROWN DIRECTOR OF PARKS pND RECREATION: PlOTION by Schmedeke, seconded by Narris, that the Planning Commission ask the Director of Parks and Recreation to come before the Planning Commissipn with a recommendation of the species of evergreens and a list of the trees and shrubs that will do we11 in Fridley soil and suggest types for screening between com- mercial and residential areas. Upon a voice vote, a11 voting aye, the motion carried unanimously.' 5. SCHEDULE FOR PLANNING COMMISSION MEETINGS: Acting Chairman Fitzpatrick stated he would be gone part of this summer. The Commission talked about a summer schedule and decided they would let the requests and petitions be the deciding factor when they would meet using their regular days. The ut�mbers present expressed a preference fox meeting at 8•00 o'clock. However, if the Subcommittee did not meet at 7:00 o'clock on the same evening, ���Y �jfj(��� �� back to 7:30 P.M. i c.)�`". . Sanni� Commission Meeting - May 20, 1970 �, Page 6' ADJOURNMENT : MOTION by Schmedeke, seconded by Harris, that the PZanning Commission meeting of May 20, 1.970 be adjourned at 10:10 P.M. Upon a voice vote, a11 voting aye, the motion carried. . Respectfully submitted `:� l � �u�. � Haz�O'Brian Recording Secretary 0 � , � , BUILDING STANDARDS-DESIGN CONTROL MEETING MINUTSS OF MAY 21, 1970 The meeting was called to order by Chairman Harris at 8:05 P.M. MEMBERS PRESENT: Harris, Tonco, Hart, Gnerre MEMBERS ABSENT; White OTHERS PRESENT: Hank Muhich-Chief Building Inspector �� MOTION by Hart to approve the minutes of the April 23, 1970 meeting as written. 1 Seconded by Gnerre. Upon a voice vote, all voting aye, the motion carried unanimously. ' � Mr. Harris read a change in the order of the items on the agenda. MOTION by Tonco to accept the change in the agenda. Seconded by Hart: Upon a voice vote, all voting aye, the motion carried unanimously. ' 1. CONSIDERATION OF A REQUEST TO CONSTRUCT AN OFFICE AND SHOP ON LOTS 6, 7, AND 8, BLOCK 5, ONAWAY ADDITION, THE SAME BEING 55-77TH WAY N E, FRIDLEY, MINN (REQUEST BY EDGAR W. HAUSER, 1401-46TH AVENUE NORTH, MINNE�,POLIS, MINNESOTA ) , � Mr. Edgar Hauser was present to present the request. Mr. Hauser stated that the building would be concrete block and painted. He also stated that there would be an 8 foot cyclone fence with slats for screening of stored material. � The Board asked Mr. Hauser if he could put a canopy over the front door to add to the appearance of the building and Mr. Hauser agreed. The Board also stated that Mr. Hauser would have to submit a landscape plan from a ' nursery before a building permit would be issued. The Board inquired if there would be both men and women employees as the plan showed only one restroom. � � , � � � � Mr. Hauser stated that there would be both and they had changed the plans to show two restrooms. MOTION by Hart to approve a permit, subject to the notations marked in red on the plans, with the permit contingent on the submission of a landscaping. plan. Seconded by Tonco. Upon a voice vote, all voting aye, the motion carried unanimously. 2. CONSIDERATION OF A REQUEST TO REMODEL EXISTING STANDARD OIL SERVICE STATION LOCATED �N LOTS 16, 17, 18, At�D 19, BLOCK 13, HAMILTON'S ADDITION TO MECHANICS- VILLE ADDITION, THE SAME BEING 5311 L�IIVERSITY AVENUE N,E „ FRIDLEY, MINNESOTA (REQUEST BY STANDARD OIL COMPANY, 1405 MELROSE AVENUE, MINNEAPOLIS, MINNESOTA ) Mr. W. G. Housenga, the Area Engineer for Standard Oil Company, was present to present the request. , � , , Building Standards-Design Control Meeting Minutes of Ma 21, 1970 Page 2�� Mr. Housenga said that they are going to remodel the outside of their porcelain building. They will be using 1/2 inch brick veneer panels on a nail base composition backing on three walls and the back wall will be painted. It will have a mansard roof made of aluminum shingles. It was also stated that the Building Inspection Department should check the condition of the aluminum shakes after a hail storm and make a report to the Board so they might be able to use the information on any future proposed aluminum shake surfaces. � The Board felt that the addition of some shrubs and sod in landscape areas between approaches and driveways should be made part of the permit. Also that a light be installed in the rear of the building located so as not to interfere � with residential area to the rear of the building for protection purposes. The milk depot and excessive number of signs must also be removed. 1 MOTION by Tonco to recommend that a permit be granted subject to the notations marked in red.on the plans. Seconded by Hart. , unanimously, Upon a voice vote, all voting aye, the motion carried � 3. CONSIDERATION OF A REQUEST TO REMODEL AN EXISTING STANDARD OIL SERVICE STATION , LOCATED ON THE EAST 7.5 FEET OF LOT 10 AND ALL OF LOTS 6 7 8 AND 9 BLOCK 12 LOWELL ADDITION, THE SAME BEING 6490 UNIVERSITY AVENUE N.E., FRIDLEY, MINNESOTA. �REQUEST BY STANDARD OIL COMPANY, 1405 MELROSE AVENUE, MINNEAPOLIS, MINNESOTA.) � Mr. W. G. Housenga was present to present the request. Mr. Housenga stated that this building had a porcelain exterior which would be � removed and the 1/2 inch brick veneer panels on a nail base composition backing would be fastened onto the block subsurface. They would paint the existing rear block wall. , � The Board stated that the condition of the landscaping around the building should be improved. MOTION by Hart to recommend that a permit be granted subject to the notations marked in red on tlie plans. � Seconded by Tonco. Upon a voice vote, all voting aye, the motion carried unanimously. � � � � 4. CONSIDERATION OF A REQUEST TO CONSTRUCT TWO CAR WASH'S ON LOT 1, BLOCK 3, COI�IERCE PARK ADDITION THE SAME BEING 7300 AND 7320 UNIVERSITY AVENUE N.E. FRIDLEY, MINNESOTA. (REQUEST BY STEVE CODDON, 4143 MINNEHAHA, MINNEAPOLIS, MINNESOTA.) Mr. Ronald Heskin of Heskin & Associates Inc. was present to present the request. Mr. Gnerre arrived at 9:00 P.M. Mr. Heskin stated that these were going to be two individual operations, one a self service car wash and one an automatic car wash. Because it was economically impossible to put brick on the self service car wash, they wanted to use stucco on that one. The automatic car wash would then be all brick. The roof was to be machine cut cedar. T��� yTOUld also have a 3 foot cedar board fence 6 inches off the ground for screening. � � Building Standards-Design Control Meeting Minutes of Ma 21, 1970 Page 3 ✓ , It was then stated that the buildings did not conform to the zoning ordinance which requires a 15 foot minimum setback for each building or a common wall between the two buildings which would meet the fire safety standards. . � � � Mr. Heskin agreed to make the following changes to comply with the ordinances. They would move the two buildings together so that they woula hdve a common wall. He woula also change the roof elevations of the two buildfng so that they would be of equal elevation and reduce the width of the rock garden between the buildings from 10 feet to two feet or change to a two foot concrete walk. The Board asked Mr. Heskin if he couldn't put some brick on the self service car wash so that the two buildings would match better when combined. Mr. Heskin stated that because of economics it would be impossible to add any 1 brick to the self service car wash. He also stated that the two car wash's would be operated by two different people so he would like them to look like two separate buildings and still blend well together. Mr. Gnerre felt that the brick and stucco would look all right together because many houses have brick fronts and the rest of the house is stucco and they look all right. It was then decided that Mr. Heskin would brick the south wall of the self service car wash and stucco the north wall of the automatic car wash. MOTION by Gnerre to recommend approval for granting a building permit for the car wash's as discussed and according to the notations marked in red on the plan. Seconded by Hart unanimously. RECESS• Upon a voice vote, all voting aye, the motion carried Chairman Harris called a brief recess. Chairman Harris turned the meeting over to Mr. Tonco to act as chairman. 5. CONSIDERATION OF A REQUEST TO CONSTRUCT AN OFFICE AND WAREHOUSE ON LOTS 6, 7 8, 9, AND 10, BLOCK 8 ONAWAY ADDITION THE SAME BEING 7710 & 7720 MAIN STREET N.E „ FRIDLEY, MINNESOTA. (REQUEST BY HARRIS ERECTION COMPANY, 6210 RIVERVIEW TERR��CE, FRIDLEY, MINNESOTA ) Mr. Iiarris was present to present the request. Mr. Harris stated that their building would be a scored block building with a brick face on the office part. The rest of the building would be painted. Mr. Harris said that the curbing and landscaping would be installed as soon as the City street project was completed. He also said that they would blacktop the 8 foot easement on the back of the property. MOTION by Gnerre to recommend approval for granting a building permit subject to the notations marked in red on the plans.and as discussed. Seconded by Hart. Upon a voice vote, all voting aye, the motion carried u�lanimous ly . � $uilding Standards-Design Control Meeting Minutes of May 21, 1970 Page 4,j � � • Acting Chairman Tonco turned the meeting over to Chairman Harris. ' ADJOURNMENT• � The meeting was adjourned by Chairman Harris at 10:45 P,M. Respectfully submitted, � � Carol Chudek Secretary , , � � , � � � ' � � � , � THE MINUTES OF THE BOARD_OF APPEALS SUBCOMMITTEE MEETING OF MAY 26, 1970 The meeting was called to order at 7:38 P.M, by Chairman Minish. MEMBERS PRESENT: Minish, Ahonen, Drigans, Sondheimer MEMBERS ABSENT: 0'Bannon OTHERS PRESENT: A1 Bagstad - Building Official MOTION by Drigans to approve the minutes of the May 12, 1970 meeting as written. Secon�led by Sondheimer. Upon a voice vote, there being no nays, the motion carried unanimously. Chairman Minish stated the request that was tabled at the last meeting, variance of Section 45.053,4B, Subparagraph 3, by Mr. Bruce Miller, 7872 Firwood Way N.E., went before the City Council on May 18, 1970, and was approved at that time. 1. R�E UESTS FOR VARIANCES OF SECTION 45.053 4B SUBPA.RAGRAPH 4 TO REDUCE THE SIDEYARD WIDTH ON THE STREET SIDE OF A CORNER LOT FROM 17.5 FEET TO 13.12 FEET AND SECTION 45.053, 1B, TO REDUCE THE MINIMUM RF�UIRED LOT AREA FROM 7,500 SQUARE FEET TO 6,116 SQUARE FEET AND SECTION 45 053 4B SIIBPARAGRAPH 4B. TO REDUCE THE SIDEYARD UIREMENT FOR AN ACCESSORY BUILDING OPENING ON A SIDE STREET FROM 25 FEET TO_21 FEET, TO PERMIT THE CONSTRUCTION OF A DWELLING AND GARAGE ON LOT 30, AND THE NORTHERN 10 FEET OF LOT 29, BLOCK 1, PLYMOUTH ADDITION1 THE SAME BEING 4885-3RD STREET N E FRIDLEY, MINNESOTA {REQUEST BY MR. FRANK DIRCZ, 4875-3RD STREET N E, FRIDLEY, MINNESOTA ) � Mr. Frank Dircz was present to present the requests. He explained that he had been before this Board in June of 1969 with 5 variances on the same land and the variances had been approved by the Board but denied by the Council. , He has since been granted a lot split, on the land, by the City Council and is now before the Board with only 3 variances. � � � The Board was shown a sketch of Lots 28, 29 & 30 which located the buildings that are presently on Lot 28 and part .�f 29. Chairman Minish stated that Lot 30 was a tax forfeit lot that Mr. Dircz bought for back taxes and which he has kept up even though it was considered unbuildable. Mr. Dircz stated the taxes on the lot are now quite high and he would like to be able to build a house on it to sell. He stated further that he has cut down on the size of the house since last yea�'s request and that he will maintain the 15 foot requirement between structures. MOTION by Ahonen to close the public hearing. � Seconded by Drigans. Upon a voice vote, there�being no nays, the motion carried unanimously. ' � , MOTION by Ahonen to approve the 3 variances for the following reasons: 1. Another variance was approved last year, prior to a granted lot split, and since then the Council has approved the lot split and this action is now necessary to ma.ke the lot buildable. .� �� i� I ' I , I� I ' The Minutes of the Board of Appeals Subcocrnnittee Meeting of Mav 26, 1970 2. The building would not afford any traffic hazards as far as visibility is concerned. 3. The lot has been vacant tor ��uite some time and the applicant has taken great pains to maintain the lot. 4. The building on the site would be an asset to the City and to the neighborhood. 5. There is no way in which the applicant could acquire any more land to add to the lot. ' Seconded by Sondheimer. carried unanimously. Upon a voic e vote, there being no nays, the motion I� 2. PUBLIC HEARING ORIGINALLY SCHEDULED FOR THE MEETING OF JUNE 9, 1970. � A REQUEST FOR A VARIANCE OF SECTION 45 053 4A TO REDUCE THE REQUIRED FRONT YARD DEPTH FROM 35 FEET TO 23 FEET TO PERMIT THE CONSTRUCTION OF A DWELLING WITH AN_ATTACHED GARAGE ON LOT 1 BLOCK 1 GIRDLER TERRACE ADDITION_ THF. ' � � �� � � ----- ��,..,r i�.�u, rictL�.r.z M11V1VC�5U'1'A. RE UEST BY MR. HARQ E. SWANSON, 1211 GARDENA AVENUE N E FRIDLEY MINNESOTA ) Chairma.n Minish explained to the Board that he had received a call from Mr. Harold Swanson asking if he could appear at tonight's meeting with his request as he would like to start building as soon as possible. Chaixman Minish had answered that Mr. Swanson could appear if he could acquire the signatures of all the property owners within 200 feet of his property, stating they had no objections to the request for the variance. Chairman Minish also told Mr. Swanson that the Board would receive the request but that they might not agree to act on it, at this meeting, as it was not the regular procedure. Mr. Swanson came forward and presented to the Board a petition signed by all the property owners, within 200 feet of his property, stating they had no objections to the variance. MOTION by Sondheimer to receive the petition. Seconded by Drigans. Upon a voice vote, there being no nays, the motion carried unanimously. Mr. Swanson explained they need the variance as the back of their lot is very steep and if they had to maintain the 35 foot setback, the house would be placed back behind the crest of the hill. This would mean hauling in a considerable amount of fill which would run into quite a bit of money. Mr. Swanson explained further that the house to the North of his lot is � located completely behind his proposed house and the dwelli.ng located on the second lot to the North is further back yet. He said the houses along Woody Lane have not been built with any standard setback, so their house would not be disrupting a stra�ght line of homes if�they were allowed to � build using a 23 foot setback. � � .� A Pa�e 2 i� I' The Minutes of the Board of Appeals Subconanittee Meetin� of Mav 26 1970 �- r � .�:'"� Page 3 Chairman Minish stated the City Code does not state surrounding property , owners have to be notified any specific time period in advance of a public hearing. He then asked the Board members if they had any objections to opc:ning the public hearing on this request as all of the surrounding property ' owners had received noticas of this request before they had all signed the petition, The members answered they hdd no objections. � �I Chairman Minish then officially convened a public hearing on this request. Mr. Drigans asked Mr. Swanson if he had realized before, that he would need a variance before he could build on this lot. Mr. Swanson answered that the contractor had not staked the house on the lot beforehand, and when it was staked out with the required 35 foot setback, it was discovered that the fill would be necessary in order to build. MOTION by Ahonen to close the public hearing. ' Seconded by Drigans. Upon a voice vote, there being no nays, the motion carried unanimously. MOTION by Drigans to approve the request for the following reasons: l. There is a hardship in the large amount of fill required to meet the present setback. 2. The surrounding homes do not maintain a standa.rd setback. 3. The applicant has presented a petition signed by all of the surrounding property owners agreeing to the variance. Seconded by Ahonen. Upon a voice vote, there being no nays, the motion carried unanimously. The Board does agree that there should be at least 10 days notification of a public hearing before the meeting date. ADJOURNMENT : The meeting was adjourned at 8:38 P.M. by Chairman Minish. Respectfully submitted, 0 MARY HINT Secretary MINUTES OF REGULAR PARKS AND RECREATION COMMISSION MEETING, MAY 25, 1970. Meeting was called to order at 7:40 P.M. by Chairman Fitzpatrick. s� MEMBERS PRESENT: Fitzpatrick, Blair, Ash, Novitsky, Olson. MEMBERS ABSENT: None. OTHERS PRESENT: Merle Pierce, 5176 Hughes Avenue N.E,, 560-5976, Summit Square. Dennis Schroeder, 5157 Hughes Avenue N.E., 560-4918, Summit Square. William Kurak, 5120 Clearview Street N.E., 560-4947, Summit Square. Richard Harris, Planning Commission. Paul Brown, Director of Parks and Recreation. Cathie Stordahl, Secretary to Commission. SUI�IIT SQUARE PARK CITIZENS. Several citizens were present from the Summit Square area to discuss the ball playing in the park. After discussion between Mr. Brown and Mr. Ankrum, the City Manager, earlier this week, a permanent sign was posted in the park on May 22, saying "NO BASEBALL OR SOFTBALL PLAYING." Those citizens present seemed�to think the sign was working. Mr. Schroeder wanted to go on record as requesting that an age limit be placed on the park. This would mean that only children under a certain age limit could play ball in the park. The Commission felt that this would cause more problems than a sign. Mr. Fitzpatrick stated that this park was never meant to be used for ball playing and that the best solution would be the sign indicating no ball playing allowed. TENNIS AT THE COI�II�IONS. School District #14 has a permit to use the Tennis Courts at the Commons, five days a week, in the afternoon, throughout the Spring months. This permit was discussed in regard to the use of the courts by the citizens of Fridley. A member or members of the Commission will meet with.the school to discuss the problem and bring their findings to a Commission meeting at a later date. MINUTES OF THE REGULAR MEETING, APRIL 27, 1970. MOTiON by O.Q.ban, Seconded by Nov.i�,fzy, .ta accep� �'he M.c:v►.u.teb a� �h.e Regu.ean Mee,ii.ng a� A�n.i.Q. 21, 1970. 7he Ma�ti.�n ccurh,i,ed. SUI�A9ER REGISTRATION FOR THE RECREATION PROGRAM. Mr. Brown said that the regular Summer Registration was over on Friday, May 22, and that there were many people who missed it so Late Registration dates have been set. These dates are June 5 from 9 to 4, June 8, 15, and 22, from 3 to 5, and Saturday, June 27 from 9 to 12. Mr. Brown indicated that the enrollment was down compared to last year, but this happens every year and late registration usually compensates for this. He said that some parents don�t register their children until the first day of Playgrounds and the other activities offered. TREE PLANTING IN FRIDLEY. Mr. Richard Harris, member of the Planning Commission, was present to discuss 1 the•planting of evergreen trees in the City. The Planning Commission feels that the Parks and Recreation Department should set up some specifications or � , Minutes of the Regular Meetin , Ma 25, 1970 Pa e 2 Q g Y g 6 � TREE PLANTING (con't.): recommendations as to the kinds of trees that would grow � soil. Mr. Harris suggested that some guidelines be set planting trees or shrubs so that these people would have what kind of trees or shrubs would grow best in Fridley. the best in Fridley up for the people some knowledge of Mr. Brown will discuss this problem with the County Agent and report his findings to the Commission at a later meeting. ELECTION OF A VICE CHAIRMAN FOR THE COI�IISSION. With all members of the Commission present, the election of the Vice Chairman took place. Mr. Olson nominated Don Blair for the position, since he is the senior mE:mber, next to the Chairman. MUTIUN by �.Q,�on, Secvnded by A.sh, �a e..2ec.t Dan B.QA,itc a� V.�ce Cha,ucman �o �h.e Panh� and Rectc.ecr.t,i.�n Camm.i,s�s�.an and �a �elc.ve �.v� .the ad�ence ab �h.e Cha,v�man. rhe Ma�',i.an catvr.i.ed. CORRESPONDENCfi RECEIVED BY THE COA'Il�fISSION. MOTION bu B.2.a,vc, Secav�ded by Nav.i.t�Fzy, �o accep� a.2e. co�cfcedpandence. Discussian: The Commission received a number of letters concerning the conditiorA of Moore Lake. Mr. Olson asked Mr. Brown about the condition of Moore Lake. Mr. Brown stated that Moore Lake is spring fed and has been polluted by the freeway system. The lake is merky and has a bad bottom. The Parks an� Recreation Department has been spraying for years, but this is about all that can be done. Spraying takes care of the weeds, but doesn�t solve the problem of cans, bottles, and other rubbish that is deposited in the lake. MUTION b y A.ah, Secanded b y B2a.itc, �a �,nv,ixe �th.e b�u.den� wha wno�e �h.e .�e.tteh,a .ia .ihe nex� Camm.i,s�s�.an mee.t,i.ng an June 22, �a di,acu�sa .the �nab.�em and �ab.a�.b.�y ��.nd an a.dequa,te �s�.P�i,�n. The Commission instructed Mr. Brown to answer these letters and to invite the students, and any of their friends who might wish to come, to the next Commission meeti�tg. The Commission asked Mr. Brown to direct Paulette Bur�Cholder's letter on the condition of the Mississippi River, to the Conservation department. C01�1ISSION TOUR OF THE FRIDLEY PARKS. The Commission has set a date,for the tour of the Fridley City Parks. The meeting will take place on June 6, 1970 at 7:30 AIW. They will meet at The Embers for breakfast and th�n go out to the various parks. This meeting will be beneficial to the new members who aren't familiar with the parks and will bring the old members up to date with the improvements made by the Parks and Recreation Department. SPECIAL MEETIN�G DATES. A Special Meeting has been set for June 8, 1970, to discuss the tour of the parks and the 1971 Budget. 1 Minutes of the Regular Meeting, May 25, 1970 Page 3 �j �� I � SPECIAL MEETINGS (con�t.): A Second Special Meeting has been set for June 10, 1970, at 7:30 P.M. Mr. Homer Ankrum, City Manager, and the Fridley City Council will be invited to this meeting to discuss the Parks and the Budget for 1971. PITCH, HIT, AND THROW. The Phillips Petroleum Company sponsored a Pitch, Hit, and Throw Contest at The Commons Park on Saturday, May 23, 1970. Don Blair, a member of the Commission and Paul Brown, Director of Parks and Recreation, helped with the event. They reported that 98 boys entered the contest and they felt it was a good showing for the first year. 1971 BUDGET DISCUSSION. The Locke Park Well House is to be finished by fall. The building has been � approved by the City Council and the Commission discussed the possibilities of building an ice skating rink and installing lights in the area adjacent to the Well House. The Commission discussed the necessities oi pay phones in the Warming Houses. The need derives from injuries at the rinks during the last season. The need for improvements in the Ruth Circle and North Park areas was discussed. These areas will be considered when presenting the budget to the Council. At the next regular Parks and Recre�tion Commission meeting, June 22, 1970, some of the unnamed parks will be name�. ADJOURNMENT. MO7TON by Abh, Seeanded by Nav.i.t,bh.y, �a ad�auh.n �h.e mee,ti.ng a� 10:15 P.M. The next regular meeting will be held on Monday, June 22, 1970, at 7:30 P.M. in the conference room at Civic Center. Respectfully submitted, . Qi CATHIE STORDAHL, Commission Secretary � i� ' G E❑ R G E M. H A N S E N C O M P A N Y Certijied Public Accoxntants ' 173 SOUTH PLAZA BUILDING WAYZATA BOULEVARD AT MIGHWAV 100 MINNEAPOLI4, MINNESOTA 53416 545-S6S7 I ' May 18, 1970 ' The City Council ' City of Fridley 6431 University Avenue Fridley, Minnesota 55421 ' Gentlemen: During the course of our audit work, we make certain general observations which ' we feel will be of interest to you. These observations, of course, refer only to those areas to which our audit work extended. ' PURCHASING Purchase orders should be approved and issued before merchandise is received. On several occasions, the purchase orders were written after delivery of the merchan- ' dise, limiting the purpose of the purchase order. We understand that this situa- tion should improve in 1970 with centralized purchasing. LICENSES - RECEIPTS '' The receipt c�umbers should be indicated on the license copy and similarily the number of the license should be indicated on the receipt. Such a procedure would make it easier to determine if the license fees are paid. MISCELLANEOUS ACCOUNTS RECEIVABLE Billings for miscellaneous charges should be made on prenumbered invoices. Some- one other than the cashier should prepare the invoices and maintain the detail accounts receivable ledger. RETURNED CHECKS ' At the time of our liquor store cash count there were approximately ,51,350 in returned checks included as part of the cash balance. We recommend that a separate bank account be established and the bank be instructed to charge all ' returned checks against'this special accoun:t. This would keep the check cashing funds and the regular liquor bank account free of all returned check transactions, PETTY CASH AND CHANGE FUNDS ' Better control of petty cash and change funds would exist by having someone, other then custodian of the fund, perodically count these funds. At present, Mr. Brunsell has the funds at the liquor stores counted once a year. This should ' be done more frequently. � ' ��� 2 fi `3 DATA PROCESSING The City is leasing an accounting machine which will temporily solve the increased volume of work in the accounting department. We feel consideration should also be given to the use of various data processing equipment which would meet the City's future requirements in both the financial and nonfinancial area. Since the investigation and installation of data processing equipment oo uld take as long as two years, such investigation should be started in the near future. We would be pleased to discuss these suggestions with you and assist with any changes you may wish to make. We wish to extend our appreciation for the courtesy and assistance extended to us during the course of our examination. �ery truly yours, � � -'f�'✓t'11L.��.�. ti.u..-.�-� GMH:jlf G. M. Hansen i� RESOLUTION N0. � � ' RESOLUTION ON HAZARDOUS BUILDINGS AND EXCAVATIONS �� WHEREAS, the Building Inspection Department of the City of Fridley� has, by inspection and investigation, reported that hazardous building(s) with ' underlying excavation(s) exist within the C ity at the following address: 531 Fainnont Street N E , that the legal description of the above ' property is as follows: Lots 15 & 16 Block A Riverview Heir�hts Addition , Anoka County, Minnesota. WHEREAS, said unoccupied hazardous building(s) and excavation(s) have been kept open to public access after extensive vandalism and deterioration and, WHEREAS, said hazardous building(s) and excavation(s) conditions constitute a hazard to the public safety and, WHEREAS, the records of said inspections and investigations have been reviewed and considered, . NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF FRIDLEY MAKES THE FOLLOWING ORDER: 1. That the property described above is determined to be a hazardous building(s) and excavation(s) within the provisions F j��' 0 of M.S.A. Section 463.15 to 463.26 inclusive, and specifically in violation of M.S.A. 463.15, Subparagraph 3, which declares •; � any building hazardous which is deemed so dilapidated, damag�d;,. or abandoned as to cause a hazard to public health or safety. 2. That the Inspection Department report indicates that said condition involves immediate hazard and danger to citizens or children in the area who may enter the hazardous building(s) and may be injured therein and that said building(s) by their abZndonm�nt lend tt�.e�:�salves to further vanclalis�. Resolution No. Page 2 F��� 3. That the condition may be remedied as follows; Repair the building(s) and so cover the excavation(s) or demolish the building(s) and fill in the excavation(s). 4. That the conditions must be remedied as provided in paragraph 3 above, within thirty (30) days from the service of this order upon the owner and lien holder of record. 5. That the City Attorney is authorized and directed to proceed with the enforcement of this order as provided by statute. Passed By The Cit Council Of The � Y City Of Fridley This Day Of '�, , 1970. � �f Jack 0. Kirkham - MAYOR ATTEST• Marvin C. Brunsell - CITY CLERK 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 informed that the bond requirement could be waived if the City Council passes a resolution to that a€fect and if the person furnishes an affidavit to the City of Fridley. The attached resolution would waive the bond requirement on amounts of less than $500.00. fiFi: 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 for lost checks of less than $500.00, providing an affidavit is furnished and payment is stopped on the check. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FR I DL EY TH I S ` OAY �a �t '; -�` � , 1970 . MAYOR - Jack 0. Kirkham ATTEST: Y CLERK - Marv�n . Brunse f)�I�' � C L A I M S General: #21469 through #21536 Liquor: #4502 through #4520 � i�'1 � � ' LIST OF LICENSES TO BE APPROVID BY COUNCIL AT THE N�ETING OF JL'NE 1, 1�0 ' GARB�AGE COLLECTION , Walter's Disposal Service, Inc. 2930 - 101st Ave. N. E. Fridley, Minnesota � FOOD ESTABLISIi�' 'Fridley Jaycees 851 Overton Driva Fridley, MinneEOta , Fridley Mrs. Jaycees 6131 5th st. N. E. ' Fridley, Minnesota Western Stores ' Division Contin��tal Oil Company #7987 7600 IIniversity Ave. N. E. Fridley, Minnesota � 1 ' ' , ,. � , ' . ' ' . _ - __ __� By: John Walter BY: Marvin Bodeker APPROV� BY Heslth Inspector Police Chief Health Inspector By: Mrs Ad�lph Kukowski Healt�:� Inspector By: Carl Maki Health I.nspector �.� ~� �� LIST OF CONTRACTOR'S LICENSES TO BE APPROVED BY COUNCIL AT THE MEETING OF JUNE 1, 1970 BLACKTOPPING APPROVED BY United Asphalt Company, Inc. 331 Coon Rapids Boulevard Coon Rapids, Minnesota By: Gary Anderson Bldg. Insp. EXCAVATING Kadlec Excavating 724 Main Street N.W. Anoka, Minnesota By: Donald A. Kadlec Bldg. Insp. Schutz Contracting Co., Inc. Gypsy Lane Savage, Minnesota By: Richard Schutz Bldg. Insp. GENERAL CONTRACTOR Blanske Construction Co.,znc. 4029 Silver Lake Road Minneapolis, Minnesota By: Bernard Blanske Bldg. Insp. McCall & Company 5435 Lyndale Avenue Minneapolis, Minnesota By: Stanley Phillips Bldg. Insp. Richard Miller Homes, Inc. 1700 Silver Lake Road New Bri�hton, Minnesota By: Richard Miller Bldg. Insp. SIGN ERECTOR'S Minick Sign Company 2727 Emerson Avenue North Minneapolis, Minnesota By: Vern Minich Jr. Bldg. Insp. WRECKING Schutz Contracting Co., Inc. Gypsy Lane Savage, Minnesota By: Richard Schutz Bldg. Insp. i� -. -----�-�....+... _ .�,4+�r.�. .. �,t...,. . _ : _ �� �NTERNAL CORRESPONOENCE _ ORM i15-S��7 DATE M�Y 22 ) 17 � O �ROM Mr. G. R. Coleman, Manager-Transmission Line Engr'g. Minnea}�olis 7 � LOGATION r Right of Way & Const. Dept: �o Mr. J. C. Pearce, District Manager �oc�T�o� North District _ `71 '. 1 _ rlh DiNrkt S.,s,E�T E-61+62 ' ' rtiw _ , _1__ 'c�e Riverside-Moore Lake #0871 ��P --- ' Fridley Reroute - Letter #15 _;�� _;�Ft�e -fO1S Ret��rn �,----�--; �, � ' � �,�,� The fo.11owing activities occurred during the week of May 18, on tbe subject reroute: � �J , ' , �_� ' A. •Engineering: �omplete B. Right of Way: l. Negotiations continue on the one remaining private parcel, with successflzl conc.lusion still anticipated no later than June 15, 1970. 2. No change in status of agreement covering occupa,ncy of railroad right of way or the construction permit re- quested the week of April 6. Discussion continues. C. Induction Task Force: , A mee'ting was held with railroad representatives on Tuesday, May 19, with discussion centered on type oP equipsnent and method of protection required on the reilroad circuits. Agreement was not reached at this time�and flirther meetings are to be scheduled. Equipment tests scheduled Por this week were postponed pending agreement on the design oP the protective system to be installed. D. Construction: ' No change anticipated in schedule as previously stated. � �� .� � � ' � Q'l t• L"� G. R. COLEMAN, Manager- ' Transmission Line Engr'g., Right of Way & Const. Dept. ' Cc: R.G. Grosshans J.E. Mielke ,�,J. Ripsin, Jr. R.W. Walters n ar tJe l L 0 � � ►- �sr � � I ' I ' I� ' i- ' ' �J � �J ' ' ' ' � C�MST�CK � DAVIS, [NC. taaa cour�rv RoAa ,,.r•• b11NNEAPOLIB . M�NNE80TA 5sa32 TEI.: SUnset 4-9546 COi�lS�l.�'I�� ��G6'r�l���5 � k:+a�y 2�, 1.9 7� . icrg3.u�ac3 Jai��7so�i, Inc. ,t�.�� P.U. liGX u i:xcei•,ioz, .ii.:�::e:�ct� a53:S�. ��L-ri: :ir. Joiin:�u;� Geretl�:s:«:zi: R�: �tl4tcr �mgrov�went Project :io. 95 Sci�wdule S F"riclr,y, Mi�zn�sotn _. . . ' ��. . T.}1 lutLcr c�� �;�zy 12, ycu xcc�ue:�Ced �,ii cs*_en.;�oi1 0. cc:^m�i�cenent an+� Co�!pl�:tion of ti�+� a��o�tz rc:f��x�ncect pro�ect i�ecau:;e oi t.xe �tri'r.4 �ir.ts;�tion. rlc caa at t?ii� tir.�� �:�;�c:r:� yo.� t::::.t s,*�: .:z11. ext�:�d ttse tim� a� co^�plctf�n i.n acc:oz<^nct �i�ii t�i� �,.ovi.��aiis af Cf::ieral Coa3itiv� GC-2�J �-.d �tcici exte�r.gin;� �:*i11 be s��`,��itt�d to t.�a C�t;� ��r L:��ir a;�,>rov:�2 ir� accordance uiL-ti GF:�c�r«I. Cnndition G�,-36. Part of t€�ea A�,ove praj�cC c�.Ils for t?;e con�Lructio:t vf n��ir.3 co�.nectioas fror,� w�:.�13 nu::�uc:r l�i, 11, an� 22 tc t�t7e c',istrib�vien sq�;rc�M. fi:e�r C�:1�:i:Zt�cr.io�a to b� �ccc��u��li:;hc:3 by Ju:�e 1, �170 anci th� wc�I�s e>Z&C�Li $i� o�c�t�tioFi ttt t��3t tin►e, on A tl:i:2�T07::1x'�� v�5�5� k0 AI�E'.VfAtf3 Fi GT<^.�L'Z $l2j T5�}t 9ilQ`.,"tc_�+.^. ili:�CXI 4J�.�.�. E:X�SC• �f tl�e Cizr�•� xr�12s are :�o� plac�� in service t�ie Ciky �f Fria�ev wil.l cxt eri.cance a �e:v�r� w�tE.r sizart�u� +:.:iic.� caul.d l�a� to tiie le.��> af Iif� anc3 ;�zo�erty. �it t«e l�ast, all tt�� citize:la O� Fr�.L����y :�i.11 e�.i e:r.:�-�T�ce ,�,uc':� ineonv�niFnc� becauc,� af ttie ��ilure �o gZac� thesQ e�e11s ir. se«vic�. Thra 1'ridle�r Cit� Caunci2 in xe,ul�r sess�.a� on Ai�� ].8t?j c?�rc�cte� S.ts staff to e�c;�2are a13L �va:iuLs t:3.tit ycsu �,:d qour su�co�2trac�or.� iti ar, aCter�»� tA cc:k�:ieC�e ttlis e:neri3e>.�cy �rori:. Thc c����ing of :`�.y 19�}� caiti� t�ie Cit}• �taff did ne�t produca a fsolucion. 0 Bergl��� �a�u�o�. Ina. Proj. 9S, Sc�sd. B �ridl�y, ��nn��ot$ ,2- Mag► 2Q � 19 i0 Copies of this lett�r are being sanC to vnrious gart3es involv8d �rith ths sCri�e rattut�tiaa to ap��ais� thcua of the situ�tican iu Fridlray rtnd to ia�prasa upon a��rpone �ft�ected t1�at en eraergamcq situaLSan �o�s �xiaC, Yc�ry tru2y yc�ur� • COP�Sip�IC b UAT�i�, IiJC. BY �. V. Com�tock, P. E. EVC/�ag cc: Meck�a��ical Cor��rACtars 1�s�oc. of Mf.nne�poli�s Minne��polia Plu�c�rs LocAI, #IS S�. Fa�ral Pluraber�t Loca1. �3�s l�i�eh�ra,ic�l Go�eractara As�o�. �f SC. �'�u2 Uperrating I:ng3u+���s e�49 D• �• �;i��:�y (:��pchanical 5ubcontr�!etor) A�sociated G�ue�al (:uat��cCprs C�.ty tli�zt. C�.L.� pfan��;er Cie;y Atcosney City Y:n�i;►e�Qr ✓ Git� Cctiuncil � :; ;.,,.;,, ::,,, ', t ,.` ,, ;, : � t.....�ii3. . .. » 1 � ,r_�j i j?f � r, � '' �'.� ti� 6;-� �'e� 4 i:.,, ,.o'� :�:`� .a%��. _ � . r1 1 �' r •: �,v L >: '4 t , ., . : t i ?'��: . � . .. . , . : � �--'� . _:i .�i: > r .• I�