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06/21/1971 - 5832� , ' ' ' � ' ' ' ' � ' ' � ' � LJ , JUEL MERCER - COUNCIL SECY. COUNCIL MEETING AGENDA 7:30 P.M. JUNE 21, 1971 ' ' ' ' ' ' ' ' , ' . ' ' ' ' ' ' ' ' ' � . FRIDLEY CITY COUNCIL AGENDA - REGULAR MEETING - JUNE 21, 1971 - 7:30 P. M. PLEDGE OF ALLEGIANCE: INVOCATION: ROLL CALL: - APPROVAL OF MINUTES: � Regular Council Meeting of June 7, 1971 Public Hearing Meeting of June 14, 1971 Board of Equalization Meeting of June 16, 1971 ADOPTION OF AGENDA: �_ i VISITORS: (Consideration of items not on agenda - 15 Minutes) ' . ' ' ' ' , ' ' , '� ' , , ' ' ' ' ' ' � CITY COUNCIL AGENDA, JUNE 21, 1971 PUBLIC HEARINGS: 1. On Rezoning Request, ZOA �F71-04, Bryant Investment Company, William Barbush (Area along University Avenue North of 83rd Avenue) (COMMENT: Planning Commission had a Public Hearing on June 9, 1971 ' and they have continued the hearing to the June 23, 1971 meeting) OLD BUSINESS: 2. Consideration of Second Reading of an Ordinance Amending Chapter 28 of the City Code Relating to the Control and Prevention of Tree Diseases � _�/�" 3. Consideration of a Request For a Variance of Section 45.053, 4B, Fridley City Code, to Reduce the Side Yard Setback Requirement For an Accessory Building on a Corner Lot From 25 Feet to 2 Feet to Al1ow the Construction of a Garage on Lot 10, Block l, River Edge Addition, By Lewis L. Farr (Board of Appeals Minutes, Tabled 6/7/71) PAGE 2 Pages 1 & 2 Pages 3 - 6 Page 7 SCONINIENT: The applicant and the property owner to the South have �, been advised to appear before the Council regarding this item) � � CITY COUNCIL AGENDA, JUNE 21, 1971 OLD BUSINESS: 4. Receiving Report Regarding Speedy Car Wash, Skywood Mall and Other Businesses in the Area 5. Receiving Report Regarding Drainage System Along Central Avenue on Moore Lake Beach Parking Lot h� NEW BUSINESS• �i � 6. Consideration of First Reading of Ordinance Regarding Vacation Request, SAV ��71-02, Juster Enterprises, Inc. (Street and A11ey iz Onaway Addition) 0 PAGE 3 . Pages 8 - 12 � Pages 13 - 14 i CITY COUNCIL AGENDA, JUNE 21, 1971 NEW BUSINESS (Continued) 7. Receiving the Minutes of the Building Standards - Design Control Meeting of June ].0, 1971 8. Receiving the Minutes of the Building Standards - Design Control Meeting of June 17, 1971 , k � i 9. Receiving the Minutes of the Board of Appeals Meeting of June 15, 1971 � � PAGE 4 Pages 15 - 20 Page 21 Pages 22 - 27 CITY COUNCIL AGENDA, JUNE 21, 1971 NEW BUSINESS (Continued) 10. Receiving the Minutes of the Planning Commission Meeting of June 9, 1971 ' 11. Consideration of Request for Waiver of Provisions of Chapter 16 of the City Code - Street Vending (Request by Barbara Glommen) a h / PAGE S Pages 28 - 41 Pages 42 - 47 12. Receiving Report Regarding Relocation of 115 KV Line Pages 48 - 51 and Combining Existing Lines on the 115 KV Poles Especially on the Properties Behind 69th Avenue COMI�NT: Now NSP is proposing to work with the property owners once the high line poles are up) � � CITY COUNCIL AGENDA, JUNE 21, 1971 NEW BUSINESS (Continued) PAGE 6 13. Setting Public Hearing For Berlin-Addition Vacation Pages 52 - 56 by the Great Northern Rai_lroad . (COMNIENT: The original request was made in 1969. The public hearing was held before Council on August 11, 1969. At that time Council � did not put through the vacation as the American Oil Company objected to it. Now we have a release from all utilities. We are suggesting that a new hearing on July 12, 1971 be held due to a lapse of more than one year) � 14. Review and Approval of Burlington Northern Railroad Yard Pages 57 - 67 Expansion Grading Plans (CO`T; Sections .of the specifications indicating compliance with the conditions agreed to by the Railroad in their application for the rezoning, ZOA ��69-11, are in the agenda book) � -� 15. Consideration of R�districting of Ward Boundaries � �.. � CITY COUNC.IL AGENDA, JUNE 21, 1971 NEW BUSINESS (Continued) PAGE 7 16. Consideration of Resolution Ordering Improvement, Plans Page 68 and Specifications For Water, Sanitary Sewer and Storm Sewer Project ��102 � COMMENT: Public Hearing before Council was held on June 14, 1971. This would order the improvements north of Osborne Road and in the A1 Rose Addition) 17. Consideration of Resolution Requesting the Commissioner of Page 69 the Minnesota Highway Department to Make a Traffic Investi- gation to Determine a Reasonable and Safe Speed Limit on 73rd Avenue Between T.H. ��47 (University Avenue) to T.H. ��65 (COI�4ENT: The Police Chief has indicated there is a considerable amount of traffic on Osborne Rd. where the speed limit now is 40 MPH. To relieve the pressure on Osborne Rd., it might be advisable to increase the speed limit on 73rd Ave. which is a divided roadway. This resolution would authorize the request for the study by Minn. Highway Department) 1$• Consideration of_Resolution Receiving Preliminary Report and Pages 70 & 71 Ordering Public Hearing - Project WS&SS ��103 S,COMMENT: This is basically for the work on Innsbruck No. Plat (Viewcon) � R CITY COUNGIL AGENDA, JUN� 21, 1971 NEW BUSINESS (Continued) 19. Receiving Report Regarding City Streets Seal Coating and Resolution Authorizing Bids for Street Improvement Project ST. 1971-10 (Seal Coating) �COMMENT: Reports in the agenda folder give some of the costs involved and equipment needed between the work being done by contract or the City forces) 20. Receiving Health Sanitarian Quarterly Report M �i � � 21. Appointment (City Employee) 22. Claims PAGE 8 Page 72 Pages 73 - 75 Page 76 Page 77 , CITY COUNCIL AGENDA, JUNE 21, 1971 NEW BUSINESS (Continued) 23. Licenses � PAGE 9 Pages 78 - 79 24. Consideration of Proposal by Gerald Lapides For_Right- Page 80 Of-Way Needed For T.H. ��47 and 60th Street� Slip Off CO1��IENT: Originally he asked $15,000 and we offered $12,000. .. He is agreeing to accept $13,500 which seems to be a reasonable compromise)� � 25. Approval of Trailer Renewal License for Cletus Nei, Page 81 1465 Mississippi Street COMNIENT: As far as we know there are no problems so the permit can be renewed) 26. Estimates ADJOURN: Page 82 `J � � ' � � � ' � � � � ' THE MINUTES OF THE REGULAR COUNCIL MEETING OF JUNE 7, 1971 PLEDGE OF ALLEGIANCE: Mayor Kirkham led the Council and the audience in saying the Pledge of Allegiance to the Flag. INVOCATION: Reverend Bergren, Redeemer Lutheran Church, offered the Invocation. Mayor Kirkham called the Regular Council Meeting of June 7, 1971 to order at 7:50 P.M. RpLL CALL: MEMBERS PRESENT: Breider, Kelshaw, Kirkham, Liebl, Harris MEMBERS ABSENT: None PRESENTATION OF AWARD: Mayor Kirkham presented the Certificate of Appreciation to Mr. Robert Ahonen for his service on the Board of Appeals for about four years. APPROVAL OF THE MINUTES OF THE REGULAR COUNCIL MEETING OF 1r1AY 17, 1971: MOTION by Councilman Liebl to adopt the Minutes of the Regular Cauncil Meeting of May 17, 1971 as presented. Seconded by Councilman Relshaw. Upon a voice vote, all voting aye, Mayor Kirkha� declared the motion carried unaniawusly. ADOPTION OF AGF.ND�A: Mayor Kirkham added.the follawinq items to the Agenda: F. Under Caamunications: Utter fras General Television Rpgarainq Cab3e T.V. License for General Contractor for Olympia ecn�truction Company• Appointaent of City Managos'. MOTION by Cowacilman Liebl to a�8opt the Agenda as amended. Seconded by � Councilinan Kelshaw. Upon a voics vote• all voting syQ. Mayor Kirkhan declared the motion aarrt�d vnaai.nwuslY- � �� ' ' NOTE: Durinq the course of the Msetinq the folla+iaq ite�os �tere added by the Council: Sale oi Shorewood. . Resolut,ion in Oppositton to tlie Rs�oninq of Durnam Island. Consideration of R�ck & Roll Dance to be held at Col�bia Aret►a. 1 '' REGULAR COUNCIL MEETING OF JUNE 7, 1971 VISITORS: PAGE 2 1 1�. Harold Sullivan, 522 66th Avenue N.�.: Church of Christ to be located at 7th Street and Mississi pi Street: Mr. Sullivan said that he had just learned last week that there is to be a church built on the corner of 7th Street and Missisippi Street. He said that he was the adjacent residential property owner. He felt that there were some problems that should be resolved. He understood that it was to be filled in and a storm drain provided. The main problem, he believed, was that the parking is to be behind the church next to the residential property. He felt that it should he provided in the front as was done with Hayes School. He questioned whether an individual hoiae awner would be allowed to put his garage in the back yardo A fence for the residents' privacy would be an additional expense to the chszrch that could be el.i�inated if the parkinq were in front. He said he would like some consideration given to a different plan for the church parking. It would save them money and ensure the residents privacy. Councilman Liebl read i:he stipulations ivaposed froan the Minutes of the May 17th Mceting, and added that the zoning is residential, and churches are allowed in R-1 zoning. They met the Code requirements, so a buildinq permit could not be refused. The City Engineer said that they =ust provide protection for the neighboYs, however, the City cannot dictate iyo+r an o�mer should improve his property as long as they meet the Code. He added that Fridley does allo�w garages in the back yard. Councilman Breider suggested that he contact the Church people. The City Enqineer added that the b,uildiurg pezmi.t has not baen issued as yet, and so this can be resolved. Mr. Sullivan said that he wiahed he had had a pa�^� �n the oxi�qj,nal plans. Tl�ae City Enqineer said that it is not too late. Mx'. Su�livan said that no one haa approached h3.m, yat his privacy is affected by th�.�s pa�x•king. The City Lnqineer asked him to contact the Chuzch. He was eure tYxe t�urch would not xant the neiqhbors unhappy. He should be able to work a�waethinq out with them. Councilmar► L3.Qb1 explained that he W�s not notified as these Was no rszoning involved, no nariaaces needed, and it was �iiaply a matter of taking the plans to the Building Standards - Desiqn Control Subcoamiittee. Tl�ey complied with all the City's requirements. Helen Treu,enfele, 5248 Horizon Dzive: Cemplaint on Unaiahtiv Area• Mrs. Treuenfels said that she must canplain about the City i.asuing a pez7ait for a carnivtl in a City d�aap. (Area weat o� Holiday Village North, on Main Street). She came�.forward and passed out pictures to the Council, and said that the bottam layer of the trash is City trash such as chunks of concrete, tree trimaainqs etc. Z'his is right where the cars are p�rked. 3he �aid that when �he came back to her car after the carniaal there were soa� childxen playinq in it. This is not�a qood imaqe for the City of Fridley. She want by there today and asked if, when they a�e cleaning up after the carnival, they were goinq to haul a�ay that trash too, and she wa� told that it was there when �hey came-,and it will be there when they leave. � I�� � ' � � � � � � � � � � � � � u � , REGULAR COUNCIL MEETING OF JUNE 7, 1971 PAGE 3 ' MOTION by Councilman Liebl to turn the pictures over to the Building Inspection ' Department snd have them follow up on this. Seconded by Councilman Kelshaw. Upon a voice vote, all voting aye, Mayor Kirkham declared the motian carried unanimously. , � � ' � ' j i � �� � � � � � Mrs. Treuenfels said tiaat she wanted the pictures back. Councilman Liebl said that they could be returned when the Building Inspection Department was done with them. He added that there are other open space areas where there is a similar situation. Douglas �sieczanek, 101 Crown Road: Damaqe to Trees: Mr. Osieczanek said that he would like to find out what is qoing to happen with his claim for damaqes for his trees. He was advised that he did not report within 30 days. He stated he had called the Mayor and Councilman Liebl on Thanksgiving and he was not advised that his claim had to b� in writing and filed within 30 days. He felt that it was up to the City to cover what the insurance company refused to p�y. GoumciLnan Liebl said that he vras Mr. Osisczanek's Councilman. He said that he told him to appear before the Council, then his claim was turned over to the Administration. The City d�.d follaa through on it, and read the letter fraa the insurance campany dated May 6th, 1971, stating that his claim for damage in November was refused because of the 30 day written notice Btipulation, but the claim of the tree da�►aged in January was gaid in the amount of $35. He then read the memoraadum from the Actinq City Mmnaqer dated May 27, 1971. He said that it is now up t.i� the Council whether to reimburse him the difference between the $35 received and the $82450 claimed. Mr. Osieczanek said that he had cailed the Public Worka.Depzrtment aad was told to wait until spring. Councilman Liebl said that he had told him to contact the City Manager and to file a claim on it. The City does not have any proof that it was the City plaws that did t�e damage to bis trees. Mayor Kirkham said that whea Mr. Osieczanek. called him on Thaukagivin�g, it was not a regular office day. It did not constitute enouqh rwtice to �atisfy aa insurance ca�any and he was still obliqated to contact the City Manaqer or scsseone in authority at City Hall. Mr. Osieczanek asked Nhy he was not infoz�►ed he had to �t a written noticQ within 30 days. Mayor Kirkham :aid that a.man driving � snawplaw is not charged with knowing the policy of insurance companies. lQayor Kirkham a�ked if the trees are on part of the Couaty riqht of May. Mr. O�ieczanek said no, they are 28" frem the curb and the County awns 24"• Councilman Liebl said that he felt that he ahould be reimburaed, even thouqh it ia not kna�rr► Whether it �ras City plows c� Ocunty plaiws that dsmaqed the trees. I! his moLion carries foz zeiaibtu'aement for the trees, he a�aked that he plant hie r�placements farther back, so the City is not asked constantlY for reimbursement. Mr. Osieczanek aaid tiut hs-pays taxes on all his property. If that is the case, the City c�n pay a 3toruqe fss for the snow atoraqe. Caunci.�sn Liebl �aid that th8 reason thia man plaatsd i�ra traes ia for a piAd b�ceak and to eut do�am on the traf f ic nof se fra�a i�hfa atr�et • � T'he.City Enqirzeer said t2►at-thers ie tio prablea with tbe City streets, the problem is with the County road. Ho�th tlze City and Countl► Plop► this road. They chose to build t„�� TQ�S� Clo�e to�the property lin�, �� �p �ouaty want� to � REGULAR COUNCIL MEETYNG OF JUNE ?, 1971 PAGE 4 qet an easement, that sho�ld be thei.r res�onaibility. Mr. Osieczanek said that it was not the County plows, but the City plows, as he saw them. The CountX has cooperated, but the Ci.ty truck driver said that there was no where else to put the snowo Counci].a�an ICelshaw asked about hauling the snaw away. The City Engineer sa�c� it .i� r.�t p����ic�l beca�.zse c�f the reoccuring expenses. Mr. Osieczane)c then complain�d of getting salt on his yard and killing his grass. The City Engineer said that when the plaws �low the snow off-the roadway it goes in the yard. If he wants to protect his trees, he should plant them 5' - 6' from the curb so there will 2ae na further damage. Mr. Osieczanek said that he should have the right ta do as he pleases on hi� own property that he pays taxes for. Councilman Liebl asked the City &��xney if it would be proper to authprize PaYment on the additional $47.5Q which is the difference between the $35 paid by the insurance coenpany a�nd the claim of $82.50. The City Attoreny replied yes, if the Council is satisfied that what Mr. Osieczanek states is so. MOTION by Councilman Liebl. to authorize payment of $47.50 to Mr. Douglas Osieczanek with the stipulation that the replacements be planted further back frc�m the curb to avoid fur.ther daawage, and further with the understanding the Council will not entertain any further claan►s for.the treea now place$ so close to the curb. Seconded by Councilman i3arris. Upon a voice vote, aU voting aye, Mayor �rkham declared ttie motion carried w7animously. Mr. Osieczanek said that if �iie City will not consider any future claims for � tr�es now planted. ha r�ill have to resort to a law suit. Q$DINANC� Ii480 - AN QRI?IN1�10E AMF�IDIDiG AtJD btECODIFYING SECTIQN 45. 0'S3 � RELATING SIDE�RD R��UI�NTS IN THE R-1 IIIS�CTs �ION by Cauncilman Ha�rria to adogt Ordinance �180 on secand reading, waive the readinq and order publication. Seconded by Councila�an Kelshaw. Upon a roll �al� vote, Harris, Hrei.der, Kelsha�yr, Kixkham, and Liebl voting aye, Ma,yor Kirkham ec �� �e motion carried unanimously. CONSIDEFiATION OF SPECIAL U3E PER�d.IT SP �F71-05, SHELTER IiOMES CO�itPORATION. PERMIT FOR A MODEL HOd�lB CENTER 0�1 T71RG�T PROPERTYs (Tablad , 5-17-71) � Councilman Harris said th�t the request is for six month�, yet in the letter in the Aqenda (Paqe 5) ttaere is reference made to an 18 a�nth term. ldr, O'Brien of Sheltes Homes Corporation said that they have a six month contract, but the feasibility of the land being available to them for longer than 18 montha does not seem great. An analysis will be m�►de after six months uyd i� it seeas advieable, they w�ould rsquest another �fx months, but ttseg did not believe they xould be there for longer than 18 months. Counciiman Harris asked what if they wanted to move tha ht�use out after six �nths. Mr. O'Brien said that the hame �►ill b� built in two sections, but they have b�en ascured.by a lxal house maver that the haae they plan to build can be moved out of the Target area�, even if �t Were not split. Councilman Harri� asked if Shalter would be willinq to deposit money i.n sacrow to talce care af any cleanup that may be neaessary. If it is not rieeded, it will b� returned. Mr. O'Brien said they woqld be willinq to do thia. u ' � � , � ' � � � � ' ' � ' � � � ' ' , ' ' �I� � ' ' � , � ' � ' � � � REGUI,AR COUNCIL MEETING OF JUNE 7, 1971 PAGE 5 Council.naan Kelshaw asked if they could build a home in Fridley up to speci- fications. Mr. O'Brien said yes. Councilman Liebl said that it stated in the letter that the market value would be $16,000 to $50,000, and asked if this would include the land. Mr. O'Brien said yes. Councilman Liebl said that there was a large market for ho�es in the northern area, and asked what the average home would cost. Mr. O'Brien said that they anticipated a large marke� for the type of hane outlined in their letter which is a 1060 square foot hosne, in the $20,000 bracket. Councilman Liebl asked if there would be full basements and Mr. O'Brien said yes. Councilman Breider asked, concerning the financial guarantee, if there is a dollar limit set for the completion of a hane. Mr. O'Brien said no, they do finance everything except the labor to complete the house. Z'he house is on interim financing; roughly $3500, The purchaser is put in contact with a subcontractor, and they can select one to complete that labor, or do it themselves, which would save them sane money. They axe tied in with a lending comtnitraent from a lending institution. Z'here is a potential of getting into a larger house at the same price tag depending on their ability to negotiate with the subcontractor. If the purchaser does not follow their recommendations or does not keep in touch, there'is a possi- bility the costs could get out of hand. Counci].man Breider wondered if ti�e people that would be prone to Shelter's market would not be more liabl� to �all into this riek, ae tihey a►ay not knaw about the subcontractors• These maY be young,people jnst starting out that had never bouqht a home before. Mr. O'Brien said that you can not claasify the risk by age. The type of people their hoa►es wauld appeal to are those with uianual ability to do the work themselves, rather thari one in a clerical position. He did not believe the young people would have this risk, because they would, of necessity, have to shop care- fully. Cauncilman Liebl asked the City �se�sor what wa� t�ne average priae of a ho� in Fridley. The City Assessor replied between $22,000 and $23,000. CounciLnan Liebl asked if the hou�e descri?�ed an Page 4 of the Aqenda wouid fit in with the average hame in assessed valuation. He added that he did recognize the need for residentiai haoaes and the Council should do everything posaible to make it possible for peo},rle to bny hc�mes. Th� City l►ssessor said that the figures in the letter were very accurate. MOTION by Councilman Kelsha►w to grant the special use pennit to Shelter Hanes Corparation for six montha wltln the follawing stipulations: 1. 3he2ter Homes ia to deposit a bond in th�e amount of $3500 to assure cieanup of property when they moNe, and return it to ths eame condition. and to caver the pasaibility that the City may have to mave the hause aut, if Shelter fails to do so. 2. The penait is contingent upon full diacla�ure of the contract to all buyers. '1'his includes workinq closely with future citizens of Fridley in con- tracting subcontractora to ensure there are no proble�ns aith financing, and that all tern►e aY'e fu11Y un8ei'at°°d � aPP�rent t° the buyers. Seconded by Councilman Harr3s. Upon a voice vo�e, all voting Aye, Mayor KirY=haai declared the motion oarried unanimouslY• M"r: O'Brien offQred to leave copiea of the contract with the City Attoe�eit vhioh he did. The City Enqineer said that there would be a buildinq p needed and it is under�tood there is to be no excessive signing. REGULAR COUNCIL MEE7['iNG O� JUNE 7, 1971 REPORT ON SPEEDY CAR WASH PktOPERTY ON CENTRAL AVENUE: PAGE 6 ' The City Engineer reported that he had examined the property and turned over some material to the City Attorney. He said that he has tried ta contact Sheldon Mortenson, but learx�ed that he has been out of town. He added that he is going to examine the s�.te along with Mr. Mortenson the next day. The City Attorney said that he was not prepared to give a final statement at this time. He said that he saw quite a few areas that are not blacktopped. There was water standing in the holes. Some of the areas should be blacktopped and on that part not used fo� p�rking he shoeild seed or sod. Also the area needs to have the weeds and grass cut. This could either be done by him, or done by the City and the costs asse�sed back to the property owner. As far as the banks are concerned, he thought there was fairly good c.over, with the exception of just below the last house on 52nd Avenue. Apparently there has been some new gradinc;� done there. iie t:iiought the City Engineer would have sane suq- gestions on the areas needaaig fill o.r gradi�ag to provic�e for better water run- off. As to the trash and r7ibbish, he said that he did not see a great deal. He added that he did not knc�w if some of it had already been cleaned up. Councilman Kelshaw said that� he went behind the buildings and it appeared that sq�tpe af the rubbi,sh haci been taken away. The City Attorney said that the oxdex' shauld be by th� �nspection Department and if not correeted, a Gqm- pla,int could be filed in Mu�iicipal Court. MOTIQN by Councilman Kel�haw to instruct the City Engi�neer and the Tnspeotion Depr►rtment to make a final �.r�spectian and report back to :�he Council. �ouncilman Kelshaw said that the landlord had sold the southwest corner to �ain Gity.Federal. In selling the property, <<•hat abnut the requirements for park�ng? The City Enqineer said that if the whole ca�aplex is considered, includinq Spartan's, then they meet the parking requirement�. Councilman Kelshaw felt that that would be a separate piece of land. He asked if the City could not require blacktoppi.ng on the south side of Skywood. The City Enqineer said that thi� 3s one of the items being worked on. He added that the problem �s that no�w we have a new zoning ordinance, but that ordinance was not in effect when the buildings were built, Councilman Harris said that the Council all had copies of the report from the City Engineer regarding the corrections and iaiprovea►ents to the area that are needed. He gave his copy to interested citizens in the siulience. The City Engineer coamented that he did not want the residents to think that this is qoing•to be done, but rather these are the items the City would like to have done. A resident of the area sYid that there i� a lot of garbage in back, that i� now grown over with weeds. By driving by you c.an�ot see it, you have to get out of your cetr and look. F�e asked what about weed contro�., the hill is 'nothing but weeds. The Actinq City Manager said that the City has been lenient in enforcing the law in regard to weeds on bartics. You cannot qet the anachinery onto the hill and to spray the weeds would ki11 everything, and there would be further erosion problems. Mayor Kirkham added that the City doea have a qood weed control ordinance, but it w�as adopted after the hill was cut. The re�ident said that they ha�re been �i,qhtinq it for six years, and there are etill weeds. Councilman Kel.shaw said.that the City is woskinq on it. He said that he was not on the Coeuicil then, however, when it wae brought to his attention, he brought it up �t thQ Council Meeting, and is being worked on. , ' ' ' � L_ 1 � ' � � � � � � � , � u � ' ' ' ' , L� J � � ' ' � , � , � ' ' ' ��� REGULAR COUNCIL MEETING OF JUNE 7, 1971 • PAGE 7 He asked that the residents live with it for another few weeks, and the City will have results. He said that if the land washes away, it will be put back, he would guarantee it. Now that the landlord is back in town, we can get things started. The resident asked when it would be back on the Council Agenda again. I�yor Kirkham hoped that there would be results to report by the next regular meeting, June 21st. The City Attorney pointed out to the residents that the City does not have unlimited authority over the property owners in the City of Fridley. There are soane things the City can make Mr. Mortenson do, and some they cannot. Another resident wished to tell the Council thank you for what has been done so far. Councilman Liebl said that there are problems with Rice Plaza and Moon Plaza that need correcting also. He asked thst they be checked. THE MOTION was seconded and upon a voice vote, all ayes, Mayor Kirkham declared the motion carried unanimously. SAI.E OF SHOREWOOD LOUNGE, 6161 HIGHWAY #65: Mr. Rallis brought forth an atfidavit declaring that he is authorized to speak for Mr. William Nicklow, in connection with the purchase of the liquor store at 6161 Highway #65, and further that there is no business conneation between william Nicklow and George Nicklow, who is purchasing the store at 3710 East River Road. MOTION by Councilman Liebl to receive the affidavit signed by William Nicklaa dated June 7, 1971. Seconded by Councilman Harris. Upon a voice vote, all ayes, Mayor Kirkham declared the anotion carried unanimously. MOTION by Councilman Kelshaw to instruct the Mayor and Acting City Manager to con�umate the s$le of Shorewood Lounge, 6161 Highway #65, in the amount of $151,000.00 payable at 30� down payment and the balance paysble at 1$ per month (or more) at 7�$ intarest; also with the understanding that they are to expend a minimum of $125,000 in remodeling. The sale is made with the under- standing that negotiations are still open for an off-sale bottle shop. Seconded by Councilman Breider. Upon a voice vote, all ayes, Mayor Kirkham declared the motion carried unanimously. Mr. Rallis assured the Council that as �o the bottle shop, they are willing to negotiate, and whether the City wants to keep the shop in Shorewood or not, is all right with them. CONSIDERATION OF REA�PROVAL UF SHADY N1i�S PI�AT (P•S• �66-03). REQUEST BY ANDREW P. GAWEL: 'The Gity Engineer shm�red the plat location on the overhead grojector, and explained that this plat waa appraved in 1968. He Said that his departu�ent recoanaends reapproval with t2�e fol3.awing stipulations: 1. 2. �ey are to supply a ca�aplete grading plaa because of thb property to the north tRhiah is a steep hill. llpproval sabject to any houee built on th� property must sui�mit money in escxaw to cover utilities, including storm aewsr. e REGULAR COUNCIL MEETING OF JUNE 7, 1971 3. Permits will only be issued for Lots 5, 6, and 7 until all campleted in the back lots. 4. The drainage ditch shall be perpetuated and not diverted in there are no drainaqe problems. PAGE 8 utilities are any way, so Councilman Breider asked if there were any easements neetied. The City Engineer said that they were part of the plat. He added that there are utilities needed in the back lots, including a�oad. MOTION by Councilman Harris to reapprove Shad� 0akc Plat (P.S. �k66-03) as requested by Andrew Gawel, subject to the stipulations outlined by the City Engineer. Seconded by Councilman Kelshaw. Council.man Breider asked if these stipulations are part of the plat now. The City Engineer said no, they will have:to be aqreed upon before signing of the plat. Councilman Liebl questa.oned whether this plat would fit into the overall plans for the City. H� added that �his land is very hilly and uneven, and there are areas that flood. He questioned what would be the.results if the plat is approved. The City Engineer said that_.this is why he suggested the stipulations. There should be money in egcrow to co�er the drainage system when it is put in. Councilman Liebl asked if the lots met the area Code requirements. The City Enqineer said they meet the area requirements, although the frontage is 2�' short of the required 75'. The plat was approved previously because it met the area requirements. UPON A VOICE VOTE, all voting aye, Mayor Kirkham declared the motion carried unanimousl.x. F�RST �iEADTNG QF A#All G IDIANCE AMENDING Cii11PTER 28 OE' THE CITX CQDE RELATING TQ THE CQNTRfOL liND PR�VI�NTTON . OF T� DISEASES s The Actinq City Manager said that the prese�nt Ordinance covered,on].y Dutch El�a disease and was rew�itten to covex all tree diseases including Oak wilt. Councilman Liebl said that it wa� a besutifully written Ordinance, but questioned if the City haa the man poaer to enforce it. Who would.qo out and tell people that they must get rid of th�,ir tree if it is diseasod. He felt that in sene situatioru it cau�d be called ha�r�sment. The Actinq City Ma�nager said that the Ordinance names the Parks and R+ncreation D�irector as the Forester. There would be sa�eone in his department that would aheck on the trees. This Ordi.nance is the same as at present for Dutch Elan disease, but mad� broader with the changes uaderli�ed. T%e Parks Director may.dasiqnate the Foreoaan to do �he cAecking. Gouncilman Liebl a�ked who would pay the cost. Th�e Actinq City Mar�ager said that it wq�ld be assessed back to the.prop,erty vwner. The City Attorney added that it would be the sa,ate policy as with the weed control. If the.hase owner does not pay the cost directly, that amount would be assessed back onto his property. .ii� add�ci that the City could have the service� of a specialist fram the_University on a consultinq basis. The reason this �ame up was a resident in Innsbruck contacted him to s�y that they had t�e start of (k►k wilt in their trees, and they were concerned that they would los�e their trees. Columbia Heiqhts has at► O�di�►aQ lilce this, and it is that O�rciinance that was u�ed as a model to follaw. It has also been used byr:other citiss, Mayor Kixkt�a� aaid �that p�ofe$sioaial.service� would also be available through J ' ' ' � , r � ' � � ' � ' � � , ' ' ' REGULAR COUNCIL MEETING OF JUDJE 7r 1971 � ' PAGE 9 the County Agent. The Acting City Manager said that the Parks Foremari has attended several seminars on trees. Mayor Kirkham comn►ented that a ha�ae owner may elect to remove his own tree. Councilman Breider said that he would like to see a minor chanqe made in ' Section 28.04, Subd. 1, (e) and (f), remove the words: "under the direction of the Council". MOTION by Councilman Breider to approve the Ordinance on first reading and � waive the reading, with the minor changes outlined above. Seconded by Councilman Kelshaw. Upon a roll call vote, Liebl, Harri�, Breider, Kelshaw, and Kirkham voting aye, Mayor Kirkham declaxed the motion carried unanimously. ' �I u � , ' � , ' � �J CONSIDERATION OF ASSESSMENT COA�lPLAINT - MR• RICFiARD HARJU� LOT 25� BIACK 8� DONNAY'S LAKEVIEFT MANOR ADDITION, 515 57TH AVENUE N.E.: The City Assessor said that on June 9, 1969 the improvement hearing was held and on June 16, 1969 the improvement was ordered. On May 11, 1970 a public.hearing was held on the assessment roll. On May 11, 1970, the assessment was confirmed by Council Resolution, and included the four lots south of Lakeland between 7th Street and Washington Street. The assessment was �C the normal cost as these are double frontage lots, and all the houses and garaqes face on 57th Avenue. On July 6, 1970, a discussion was initiated by one of the Councilmen relating to the assessment of these four lots in Donnay's Lakeview Manor Addition. A motion was made, seconded and adopted to the effect that the f�r lots in question should not be assessed. The assessment roll had already been adopted by Council Resolution and it would take another Resolution to delete these four lots, if this is the Council's wish. Councilman Liebl read the motion by formsr Councilman Sheridan, made on July 6, 1970, and asked that the streat in guestion be put on the screen. He said that he was not on the Council at the time Donnay's LakEView Manor was platted. 2"here was no vacation, as part of the street was never dedicated, so there is not full right of way. The City Engineer said that as things starbd now, from Washington to Jefferson on Lakeland Avenue and Jefferson from Lakeland Avenue to 58th Avenue will be asses�ed in the normal double frontage lot policy. Councilman Liebl said that the feeling of the people fronting on Madison and 57th Avenue is that they should not be assessed the �x of the cost of the street. He felt the Council should concur with the action taken last year and delete those four lots from the asseasment as that was the intent. He could not see where the abutting property o�mers would derive any benefit as their houses and garages all face 57th Avenue. He said that fozmer Councilman Sheridan points out very clearly in his motion that thie is no dev�ation fraa the normal aesessmenir policy on double frontaqe lots as there was never full riqht of way. Councilman Harris said that ona of the considerations taken into account at that ' time was that all the houses, with garaqes faae onto 57th Avenue. He aqreed these four lots should be delet�d. ' RESOL[iTION �61�1971 A RB�iOLUTI0�1 ABATIDTG ASSSSSI�DITS ON J:�S �. 26, �5, AND 26 HIACK 8-DO�itUY' 8 I�CSVSSW M7�NOR ADDI��OD1 FOR THE 1969 3 STREET IMRPOVEMENT PRpJECTs ' , MOTION by Councilman Harris to adopt Resolution M61-1971. The motion was seconded and upon a voice vot�, all votinq aye, Mayor Kirkhd� declat6c� �O �qQt.�� ��ied unanimously. � v � REGUI,AR COUNCIL MEETING Ol' �JUNE 7, 197,1 PAGE 10 DISCUSSION REGARDING IMPROVk..MENT OF WEST MOORE I,AKE DRIVE BETWEEN CAROL DRIVE ArdD BAKER AVENUE: ST. 1971�-1 AND ST. 197.1-2: Councilman Kelshaw said thai� this is the prcaject where there has been so much discussion on placement of s�dewaZkss The discussion centered around off- cente�ing the road within t�:i� .ra.ght �ag �ray t� pzovid� space for future sidewalks on the north side, if they should prove necessary. He said that he had met with the people on the street, and added that he lived on that street. He said he stated at the last meetiag that he would abstain from discussion and voting, however, he felt th�t�that was a mistake. Just because he is a citizen on that street does not me� that he is incapable of rendering an impartial decision, �ie was elect�c} ab councilman to do a fair jab for all the people and represent his ward to ttae best of his ability; therefore, he wi11 vote on this item. He said that he met with the citiaens on t.iie street in the Fire Station and had the City ��igineer draw up several plans for shifting the street and also for centering the �treet within the right of way. West Moore Lake Drive has been aff-centered an other areas, wl�iich he was not aware of. iie had sent notices to all the peog�l� on the street notifying them of this meeting. Eweryone had an opportunity tn be at the mee�ir�g and be heard. After a discussi�n, the proposal wa« put to them for a vote, with 11 votinq for centering the road with�n th� right of way and 5' sidewa�ks in conjunction with the curb, on both sides of the etreet, and four against. MOTION by C9uncilman Kelshaw i:o instruct the C.aty Engineer to put in the road centered within the right of way, yvith 5° sidewalks on both �ides of the street in conjunctivn with the eurb, Sec�onded by Cauncilman Harris for discussion. Councilman Harris asked if h�: tandex�stood that the sidewal� were to be put in b�side the curb, wi�h no bou�evard. Councilmaai Kelshaw said yes, they would be an int�gral part of tho cexrbing: Gouz�cilman Liebl asked haw the sidewa].Iee would be taken care of in the wintertime. Coumcilman Kelshaw said that he had talked to the City Engineer and also a neighbor on the south side of the stxeet who is a contractor, and it has been said that it is possfble to raiae the blade on the snowplo� and plow the sidewalks also. He said he has seen the sidewalks on the sehool property, the biade will not reach the sidewaLks because of the boulevard. In this case they would be in con3unction with the curb and at the same level: Councilaia� Breider asked how many haanea were involved and Councilman Kelshaw replied h�e believed there were 18. Mts. Savelkoul, 91fr West Moore I,alse Drive, said that it was her:understanding if the aidewalks were goinq in, the street would not be shifted. Councilman IC�elshaw said yes, sverything will be equal on both sides of tPze street, just� ns it is noa,i. There will be 2' on both side� of th� street from the sidewalks to the lot line. lira. Savelkoul said tbat soe�e of the residents made a fuss about the sidewalks being put in. She sa�d that sosne still do feel this way and do not want the side�valks . The City Engi�eer said that �h� exiating roadw�ty is not cent�red. This is done on oceasion for variou$ reas�ne. The praposal here is to center the roadway. , , � ' � � ' � ' , � � � � � ' ' ' ' ' REGULAR COUNCIL MEETING OF JUNE 7, 1971 , r ' � PAGE 11 Counci Lnan Liebl asked how it would be paid for. When sidewalks were put in on 61st and on Mississippi, the people were assessed. If state aid funds are used to pay for the sidewalks in this case; is tlzere a legal problem with the people that have already been assessed for sidewalks in other areas'? 2"he City Attorney said that there is no legal problem. The Council has the right to assess. Each decision is made independently of every other, by the Council. The previous policy was that home owners would pay 1/3 and cau�aercial and industrial would pay the full cost. Since then the Council has adopted a sidewalk policy since the change in the law concerning state aid funds. Councilman Harris added that since the change was made in state funding it allows those funds to be used on side- walks. ' CounciLnan Liebl asked how many trees would be taken. The City Enqineer said ti�at about four trees would have to be taken. These trees are within the right of way. � � ' ' � � , � , � Mr. Robert Metcalf said that he v�as a re�ident on the south side of the street. The discussion so far has concerned sidewalks, but he felt that the street should also come from qeneXal revenue funds. The main purpose for the road is for school buses. This is the first connection between University Avenue and Central Avenue north of I. 694, and it is now being made a faster, wider route. There- fore, it would be considered a benefit to the City. He felt that their property values would go down, and they have the disadvantage of faster traffic. Mayor Rirkham said that this would be contrary to the policy follaaed by the City for several years. �►eryone �.s assessed for a normal residential street. If the improvement goes beyond that of a normal residential street, the difference is made up out of state aid funds. , The City Engineer explained that by putting the aidewalks_adjacent to the curbing will require more shaping and revamping of the driveways. TheY would have to be depressed in some areas for drainaqe. Mr. Earl Hoyne, 820 West Moore 7alce Drive, felt that it would be b�tter to reduce the sidewalk to 4' rather than 5'• He felt the need for 5' sidewalks was do�ubtful. He pointed out that they were 4' on Mississippi. Councilman Harris said that the 4' sidewalk� on Mississippi Street were not adequate• He did not want to see a 1' separation betweene�troublewa owing anything•insthe 1' spacetbut eeds. qr_ass and the people would hav g Bloanington has made their aideaalks 5' adjacent to the curb line. Mz'• Hoyne said that initially he did not fesl sidewalks were nece�sary. but if the school board and the City feels thera is a need..he would favor Counciltaan Kelshaw's plan, Councilman Liebl aaked Mr. Hoyne if he would keep his aidewalks clean, because •l�t' did not think the City would. Mr. Hoyne said he would, but he doubted if everyone would. Ceunaila►an Liebl said that it would be an added burd�n aad they would be plo�wed after everything else ia plowed. He said that at this-time he did not�believe it is mandatory to lsave aidewalks in residsntial areae. They are:only.-needed in heavy traffic areae,.such as Osbarne Road and Mi�sisaippi Street. THE Vp•l'E u,pon t.he motion, beinq a voice votQ. Kirkham. Harris, and Kelahaw votinq Iaye, Hreider abataininq e�nd Liebl votin9 nay, Mayor Kirkham dealared the motion carried. � RECES3z . tiriq . W�►s r4aQAySFp� at 10: 30 Mayo�r Kirkham declared s ticea� at 10: �.0 �'r�r T� •�. .. . , REGULAR COUNCIL MEETING OF JLJNE 7, �97� QISCUSSION REGARDING SEWER SERVICE PRfJBLEM, 5310 4Tfi STREET NORTHEA$T: PAGE 12 , Councilman Liebl reported that Mr. Flentie has hired a contractor ta complete the work on his own line. MOTION by Caunci.7lnan L�ebl �,�+ receive �h� rep�ort from the Director of Public Works dated May 2�, 1971. 5�conded by� Councilman Brea.der. Upon a voice vote, all voti.ng aye, Mayor Kir)cham decl.ared the mo�ion carried unani.mously. RECEIVING THE MINUTES OF T�IT�. PLANNING COMMISSION MEETING OF MAY 19, 1971: 1. REQUEST FOR SPECIAL USE: PERMIT, SP #71-04, THOMAS ANNETT: LOt 17, Block 2. Bennett Palmer Addition. To construct a secnnd garage. See�ion 45.051, 2A. ' The City Engineer said tha� the Planning Co�zssion recqmmended approva,l subject to Mr. Ar�nett getting a no�c;rized statement from his neighbor stating that he recognizes the placement o� t:he driveway axid that he has no objec�.ion. He questioned the close proxim:�t.y of tk�e driveway to the house and the property line. • MOTION by Councilman Liebl i��� concuz �✓i.th t�x� Planning. Couec►ission and grant the special u�e permit subject �� his getting th� not�rizPC� statement from �is neighhor. Seconded by Coun�:i.lman Kelshaw, U}�on a voice vo�te, all ayes, Mayor Kirkham d�clared the moti�n c�.arried unanimoasly. 2. LQT SPLIT REQUEST, L.S� #�71�°07, PF�i �2'0:.2ES OF MINDIESOZ'A, INC. BY CiiARLES WEST: Lot 5, Block 1, �.ple M�nor Adc3�.t3.on. �c� :�lit in half for two building sites. T'he City Engineer reported �tkaat this praperty is just east of the hospital and is properly zoned. The property is platted and there is already some con- struction. There are two a�►�.rtment buildings already built. The 1ot is about 45,000 square feet and the r,equest is tea split the property. He ad�riaed that thia lot split as requested wc�uld not meet the minimum requirements. They would be a little aver 2,000 square feet shart. Nr. Charles West, of PDQ, �aid that on the west side of the property there is 25' belonginq_to I,at � wher� the proposal is to put in an apaz�ent building. That land is awned by the sauea people. •The aparts►ent would be usa.ng this 25 feet as a driveway< The lr��:, a.fter t,l�e split, would not meet the requirements, but as a practical a�tter it s,rould, if you in�lude the 25' easement. PDQ plans to build on the easterly �a, �a� ��x� 22 s �t30 �c�e f�e� e The City Engineer said that the Planning Comm.ission reca�uiended approval of the lot split, `rith the reces¢ne�dation that the we�terl�r �ot has..Y�e availabi,lity o� 25 feet of the adjoining Lo� 4 to be used a� a driveway, and with the reco�a- � mendation that the PDQ build�.ng be placed or� t-he easte�cly half of Lot 5. Mr. West said that they ha� sn aqreement dra�aaa upm Co�.ncilanan Harris asked if the westerly half was sold, would the easement go wi�.h it. lYix. �VQSt �eaid yea, it would be a permanent ease�ea�t, filed and recox�ded with tYae deed. He explained that this 25 feet is the only acc:ess to Lot 4 in b�ck, and they had to keep it with Lot 4. The City Engineer asked if PDQ is buying the whole lot. Mr. West said an investor is: T'he ��,�it ��t�+� �aa.11 have it's o�m driv���� ��� Osborne Road, � � JI ' � I� ' ' ' ' , � � , � ' � i � �� � ' REGULAR COUNCIL MEETING OF JUNE 7, 1971 � He added that all their deliveries will be made , reasons. Councilman Breider asked what was PDQ? convenience food sto�'e. ' ' ' ' �� ii , 1 � ' ' ' ' , � ' �I PAGE 13 at the front for security Mr. West said that it is a The City Engineer said that there is an item in the Building Standards - Design Control Minutes ooncerning the plans for an apartment building on Lot 4, just south of this. He suggested that they be discussed at the sauie time, as t1�eY are, in a sense, tied together. CONSIDERATION OF A RE UEST TO CONSTRUCT AN APARTMENT BUZLDING IrOCATED ON LOT 4, BLOCK 1, MAPLE MANOR ADDITION, THE SAME BEING 610 OSBORNE ROAD, FRIDLEY, MINNESOTA. (RE UEST BY HIGHI,AND PARK DEVELOPMEDiT COl'4PANY. 540 GgEEIJHAVEN RpAD, ANOKA, MfNNESOTA 55303): Mr. Don Olson of Highland Park Development Company and A'i�'• D�nald Nordblom, the architect, were present. Mr. Nordblan showed the Council a rendering of the buildinq and caid that it would be a 9 unit apartznent building tacing east. There would be a driveway up to Osborne Road 25 feet side. This 25 feet is actually part of Lot 4. The City Engineer said.'that it is a brick building �sith columns in front. The Building Standards - Design Control recom¢aend approval with the understanding there will be an easement so that people do not park right next to the curbing. This iss controlled by our Ordinance. This canplex when it started was to be a staged p�ogram• This is �he last stage, there are two co�npleted apartment houses of 34 units each on the east side of this site. 'I'his apartment building would cemplete'the apartments in the area. The existing apartment's open property has not been cleaned very well, there is debris and dead trees to be removed. They are to pravide landscaping and a recreational facility. He also suggested that they extend the fence to the City right of way line. He would like to see plantings provided as a barrier between the commercial and the apartment coanplex. Councilman Harris asked what was the long range proposal for the center area. The City Engineer said that this is the recreational area for the complex. They have not done anythinq with the recreational area as yet. He added that this is a wooded area and needs to be cleared of dead trees. • Co�inciTman�Breider asked how many bedrooms. Mr• Nordblan said l, 2, and 3 bedrooms. 7."here are three 3 bedroaaa units, four 1 bedroom, and two 2 bedrooan units. Counci]man Breider asked about the recreational area. Mr. Nordblom said that the equipment has been ordered, but he did not.knctir what it was. The plan is to develop it into a playqround area, such �s that used by pazks and 5chools. Councilman Breider asked how many children there were in the two apart�nent buildings. Mr• Olson said he did not know, the management is handled by a professional manager. Cauncilman Brei.der asked if they would have ar►y reservatione on extending the fence to the south end. The City Engineer said that it stops 25' - 30' short of the right of way. It seems that that area neecls more pXOtection. Mr. Olson said that he could not see any objection to that. Councilman Hatris asked that they brinq in a drawing on Nhat i� going to be done with the recreational area. Mr. Olson said that Mr. Donaldson will be glad to indicate to the City Enqineer what and where tlie equipment is to be placed. Councilman Breider said that he lived just behind the apart�aent caaplex and it has become necessary to fence their yards. TAere ia a lot o� foot traffic liom�all the chi�dren. Z'heY ha►ve no place to play. Mr. Olson aqreed there is a need. REGULAR COUNCIL MEETING OF JUNE 7, 1971 PAGE 14 Counciluian Liebl asked what was the cost per unit. Mr. Nordblom said the total building would be $140,000, so the nine units would be about 512,000 per unit. Councilman Liebl asked about fire protection and noise insulation. Mr. Nordblom said that all the walls would be one hour fire walls and 50 decibel walls for soundproffing. The outside is to be brick with some aluminum siding material. He assured the Council it would be'good quality aluminum siding. Councilman Harris asked wha� is proposed to prevent foot traffic fr�t► the south coming past the nursing home and through the recreational area to get to the PDQ store. They would soon create a path as it is normal to take the shortest route. Gouncilman Br�ider �greed and commented that on one corner there are 21 crYildren inder the age of 8. He suggested fencing alonq the south boundary of Lot 4 fxom the west side over to the parking lot of the 34 unit buildings, or possibly fence the whole playground area. The City Engineer suggested that the fence should be axound the playgrnund area to prevent papers from the cc�a�¢aercial area blowing into the apax�tment complex. This would provide a separation between the commercial area and the apartment a.rea. Mr. Olson asked if screening was required and the City Engineer said yes. Mr. Olsan said that he felt that the scXeening dt the north by the coaaaerical area would be PDQ's responsibility. He said that to fence the eastern boundary would defeat the purpqse. The City Enqineer sai$ not the east protion, just the other three sides. Mr. Olson felt that the fence alonc� the sov.th boundary would solve the foot traffic problem. MOTION by Councilman Harris to approve the Lot Split L.S. #71-07, by PDQ to split I,ot 5, Block 1, Maple Manor Addition subject to the stipulations of the Planning Cammission with the additional requirement tt}at there be a 6' high fence on the aouth property line constructed fram the east side of the easement to the parkinq lot for the 34 unit apartiaent building on the east side of the property. Seconded by Councilman Breicier. Upon a voice vote, all vottng aye, Mayor Kirkham declared the motion carried unanimously. MO'!'ION by Councilman Kelshaw to appxove the building permit for Highland Develop- ment Company subject to the sti.pulations of the Building Standards - Design Control with the additional r�quirement of a 6' high i'ence from the west side of the property tp the east line af Lot 1 along the south boundary line of Lot 4. They aze to �ubmit a letter showing the date of canpletion of the clean up and the rPCreational facilities and also extend the existinq fence to the south to the riqht of way line. Seconded by Councilman Breider. Upon a voice vote, all votinq aye, Mayor Kirkham declared the motion carried unanimously. MOTION by Cauncilman Kelahaw to receive the Minutes of the Planninq Commission Meeting o� May 19, 1971. Se�onded by Councilman Liebl. Upon a voice vote, all ayes, Maypr Kirkhann declared the motion carried unanimously. RECBYVING THE MINUTES OF THE BUILDING STADiDARDS - DESIGN CONTRiQL �EETING OF MAY 20. 1971: The City Engineer repoxted that the first itesa: Viewcon Inc., was approved by the Building Board, but it is going to the Planning Coaouiseion June 9th, so there is no action xequired o� t�e Council at this time. The City Attorney brouqht up a discussion in the minutes about access. It sai,�i that access f�n the town hotxses is to be off SiTver Lake Raad aAd also a roa,d to Matterhorn Drive. Cavncilmari Kelshaw said that he understood that there wez�e qoinq to be 12q �inqle familX dwellings on the westerl� � and they were to qo �o �I � , , , ' ' ' ' , � , ' ' , �� � � ' LJ � ' ' LJ , ' ' ' ' ' REGULAR COUNCIL MEETING OF JUNE 7, 1971 PAGE 15 Ma.tterhorn Drive but the town house traffic was to go east to Silver Lake Road on an easement they were to get from New Brighton. The City Engineer said the agreement was that no building was to be occupied prior to completion of the roadway. There was a bond required when a building permit is issued to cover their building a road to Silver Lake Road for access to that area. The road will be opened when any part of the apartment portion of the complex is can- pleted. Councilman Kel�haw felt that there was a misunderstanding. He thought the traffic Erom the tawn houses was oriented to the east and not Matterhorn Drive. The City Engineer said that access would be open both ways when the project:is develo�ed. Councilman Harris said that this waa not the way it was discussed with them. The road to the east was for town houses. Counci].man Kelshaw asked if they had gotten the access fraa New Briqhton yet. The City Engineer said no. Councilman Kelshaw asked what would happen if they �ould not get access. The City Engineer said that New Brighton could not stop them as they have property abutting Silver Lake Road. NOTE: The next item: Highland Developement Company request for a building permit for an apartment building was discussed under the Planning Commission Minutes. COWSIDERATION OF A UEST TO REMODEL A CAS STATION IACATED ON LOT 2�� AUDZTOR�S SUBDIVISION #103, THE SAME BEING 8253 EAST RIVER R01�D. FRIDLEY� MINNESOTA (RE�ST SY METRO "500", 4071 LAKELAND AVENUE NORTH, MINNEAPOLIS, MINNESOTA 55422). THEY ARE JUST REPAIRING AND UPGRADING THE EXISTING PROPERTY, BUT WANTED THE CITY TO BE AWARE OF THESE PRAPOSID CHANGES: The City Engineer zeported that the Metro "500" people have reviewed the list of things that need to be done and agree. MOTION by Councilman Breider to approve the remodeling pzoject by Metxo "500" , subject to tiie stipulations of the Building BoaXd. Seconded by Councilman Harris. Upo�n a voice vote, all ayes, Mayor Kirkham decl�red the motion carried unanimously. ' MOTION by Council.uan Kel�haw to receive the Mirrutes of the Buildinq Standards Design Control Meeting of May 20, 1971. Seconded by Councilman Liebl. Upon a voice vote, all ayes, Mayor KiYkham declared the motion carried unanimously. ' RECEIVING THE MINUTES OF THE BDARD OF'1�PPEALS MEETIidG OF MAY 25 1971: , ' , ' �' A ST FOR A VARIANCE OF 3�CTION Q5.053 4A. FRIaLEY CITY CODE, TO REDUCE THE FRONT YARD SETHACK IREMF.�iT-FR�M 35 FEET TO 29 FEET TO ALLOW THE CONSTRIJCTION OF 1► 6 2�'t90T BY 22 FOOT ADD1'rlt�T ONT� THE �� OF Ti� EXISTING R�i�+.T.T.T1�1C: T['1C!>TF.D 'a+i PART �P' � LOT 27 AND 28, BIACK lU, HiDE PARK AUDITION, TH� 5 N.E. E.. s� � Z'he C;1Ey Engineer reported that this is a front y�rd variance reqtiest ar►d the eq� Board o� Appeals recaarnenQed denial. Their reason Was that appravinq �his v variarice rlould be settinq a pte�idence�•_� this street. REGULAR COUNCIL MEETING OF JUNE 7, 1971 PAGE 16 � MOTTON by Councilman Harris to concur with the Board of Appeals and deny the request for a front yard variance by Mr. John Bachand. Seconded by Councilman Kelshaw. Councilman I,ieb1 asked what was the zoni.ng. The City Engineer replied RT3. Mr. Bachand said that this is a proposed addition onto the front of his house for added living space. There have been variances made in this area on Main Street. There is a double bungalow and also a four plex on the corner, so it is not strictly speaking a single family dwelling area. There is a commercial area two blocks away on 3rd Street. Councilman Liebl asked how much room he had in his present house. Mr. Bachand replied it was 26' X 40' for 1040 square feet. The addition proposed is 6' X 22', and would be used as part of the living room. Councilman Liebl wanted it clearly understood that he is in the wrong zoning and if he were to expend money on his hous�, he may not get the full amount back if he were to sell. Mr. Bachand said that.it seemed the only argument used was, what if a neighbor down the street wanted to dp the same thing? Councilman Liebl asked how a�any feet he is away from the next neighbor. Mr. Ba,�hand said it was 40' from his house to the next neighbpr. The City Engineer pointed out all the houses on the street are set back 35'. Mr. Bachand said that he has discussed this with his neighbprs and they had no objection. He brought letters stating so to the Board of Appeals Meeting. THE VOTE upon the motion for denial, being a voice vote, Kirkham, Harris, Kelshaw and Breider voting aye, Liebl voting nay, Mayor Kirkham declared the motion carried. A REQUEST FOR A VLRIANCE pF' SECTION 45 053, 18, FRIDLFsY CITY CODE, TO REDUCE THE MINIMUM LOT � UIREMENT FpR A LOT pD1 A PLAT �p7�2DEp BEFpR� AECEMBER 29 1955 FRpM 7 500 S UARE FEET TO 5 120 S UARE FE.�T TO ALi,py�l THE CONSTRUCTIODi OF A DWELLING ON THE WEST 64 FEET QF LOTS 14 & 15, BLOCK 2 HAMiLTON'S �IDDITION TO MECi�ANICSVILLE, THE SAME BEING 527 56TH AVENUE N E, FRIDLEX, MINNESOTA. (REQUEST BY MR. JOHN E GASSERLY, 5965 5TH STREET NE FRIDLEY, MINNESOTA 55421). = The City Eng.ineer reported that this variance request is to reduce the area requirements on an undersiaed lot from 7500 �qu�are feet to 5120 squaxe feet. This has been before the Council before. He tben hauded out mapa of the lot. In Block 2 there are seven lots with four double bungalows on them. The house was set on the westerly half of Lots 14 and 15, Councilman Liebl asked if the Board og Appeale did not ask him to aupply a, su�r�rey. TT�e house would be very cloae to the double bunqalow to the ea�t. Is there a pos9lbility oi the owner of the doubla bunqalow buyinq the lot? Mr. C�sserly said that he had talked to him and given him a price, but there have been no concrete results. Counciltaan Liebl said that he would have to aqrse With Ho.axd Metabez priqans where he expla3.na that in thi� case there are extenu�ting cir- cum$tances. Mr. Casserly had trouble with his insurance caapany �fter the tarnado. He is now tryinq to zacover some ot his money fraa the lot. ![r. Ca�sserly �aid that he had measured and from the edqe o� his old house.to the lot line there would be lZ'. HQ oontact�ci a s;irvey compauy a week aqp an� �Y �aid they would be out in about three weeks. It would cost about $150.00. �bunailman I.iebl felt that the owner of the double bungalow would buy the other half of the lots with no trq�,}tile. If he does not Mr. Ca��erl�► h�ys the �_� ' ' ' �I � , J , � , ' ' ' ' , ' ' ' � _� ' � REGULAR COUNCIL MEETING OF JUNE 7, 1971 PAGE 17 right to try to develop his property. He must realize that this is a sub- standard lot. Mr. Casserly said that it was approved by the Board of Appeals. MOTION by Councilman Liebl to concur with the recommendation af the Board of Appeals and grant the area variance requested by Mr. John Casserly, with the stipulation that he is to bring in a survey. Mayor Kirkham toI.d Mr. Casserly that when he has his lot surveyed, he should � have the placement of the house shown on the lot. The City Engineer added that it would be well to tie in the double bungalow also. I, �._' ' ' Councilman Harris asked which way the house would face. Mr. Casserly said it would face 56th Avenue. Councilman Harris said that it would not meet the sideyard requirements either, and he would need more variances. Councilman Liebl felt that when the owner of the double bungalow finds out how close the house would be, he would buy the other half of the lots. Mr. Cass�rly said that the problem is that the owner of the double bungalow wants to pay too little f.or the land. Councilman Harris said that the proposed house is 24' X 40' and wlth the 35' setback, this would leave a-substandard setback in the back yaxd. He said that he could not see that this would be a good plan. Mr. Casserly explained that he had lived there for six years, then the tor,nado , came, then he was in the hospital for some time, and he had trouble with his insurahce company. He just wants to find out.what he can do with this property. ' Councilman Breide� said be,�fore he can get a building permit. the plans for the house will have to come bacle before the Gouncil. The City Engineer said yes, and there will also be more setback variances required. , i ' Mayor Kirkham said that he would kiate to give Nir. Casserly false encouragement by app�oving the area variance now, then tv,rning down tlze building permit. To allo�w a building now would co�pound the error. CouncillmanrBsa deaboutel7wfeet. was the setback for the double bungalow. The City Eng Tf3E MOTION seconded by Councilman Breider. Upon a voice vote, Li�bl and Breider votinq aye, Kirkham, xarris, and Kelshaw votinq nay. Mayor Kirkham declared the motion FAILS. A UEST FOR A VARIANCE QF SECTION 45.053, 4B, SUBPARAGRAPH '1B FRIDLEY ' CITY CODE, TO REDUCE THE SIDE YARD SETBACK RE UIREMENT FOR AN A�C�SSORY BUILDING ON A CORNER IAT FROM 25 FEET TO 2 FEET TO ALLdF1 THE CONSTRUCTION OF A GARAGE ON IAT 10 BIACK 1 RIVER EDGE ADDITIQN TFiE SAME BEING 157 , RIVER EDGE WAY NE FRIDLEY MINNESOTA. (RE UES� BY MR. LEWIS L. FARR, 157 RIV�R EDGE WAY NE. FRIDI�C MIIdNESOTA) : ' C� � � � The City Engineer said that this variance is for a�ide yard to oonatruct a qaraqe. T'here is a tuck under garage which Mr. Farr wants to convert into base- ment area. West of this property the City owns park property. He then passed out a ce"rtificate of survey to the Cotincil and showed the area on 'the averhead pro- jector. CounciLaan Harris said that this is to be a 24' X 34' qarage. He asked how he gets service to his garaqe. The City Engi#ieer safd that he uses an easesient as a driveway . MOTIOk by C�ncilman Liehl to concur with the Board af App�als and grant the variance. Seconded by Councilman Kelshaw. REGULAR COUNCIL MEETING OF JUNE 7, 1971 PAGE 18 Councilman Bxeider felt that there were problems here that should be resalved. The use of a common driveway is all right �f the neighbors get along all right, but if one of the houses werE sold, there could be problems. May4r Kirkham suggested laying this over and asking Mr. Farr to car�e before the Council and discuss alternate plans. MOTION WITHDRAWN by Council.man Liebl, with the agreement of the seconder, MOTION by Councilman ICelshaw to receive the Minutes of the Board of Appeals Meeting of May 25, 1971. Seconded by Councilman Liebl. Upon a vpice vote, all voting aye, Mayor Kirkham declaxed the motion carried unanimously. RECEIVING THE MINUTES OF TI� PARKS AND RECREATIQN MEETING OF APRIL 26, 1971: MOTION by Councilman Liebl to receive the Minutes of the Parks and Recreation Commission Meeting of April 26, 1971. Seconded by Councilman Breider. Upon a voice vote, all, ayes, Mayor Kirkham declared the motion carried unanimously. RECEIVING THE MINUTES OF THE FRIDLEY HUM�N RELATIONS MEETING OF APRTL 28, 1971: MOTION by Councila�an Liebl to receive the Minutes of the Fridley Human Relations Meeting of April 28, �971. Seconded by Councilman Breidar. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unani.mously. RECEIVING TfiE BZDS AND AWARDING CONTRACT - SPRINKLER AND IRRIGATING SYSTEMS: (Bids Opened at 11:00 A.M., June 4, 1971) CIVIC CENTER: Bidder Cash Price Material 5upervisor Trencher T,amper Completion Date Metro Enqineering $1,655.00 $13.50/hr. $350.00 $125.00 30 days froan award NOTEs Metro has ti.ed the�.r Civic Center Bid to the Co�►ons Park Bid below. Minnesotai Taro Cornpany THE CQI�aONS PARK t Bidder Mat�rial NO BID Cash Price Supervisor Trencher Tamper Completion Date Metro Enqineering (Electric) $14,980.00�$13.50/hr. $350.00 $125.00 30 days fran award (IYtanual) $11,840.00 $13.50/hr. $350.00 $125.00 30 days �raa award Alternate $ 3,480.00 NOTE: Alternate includes wiring for later conversion to electric system. Minnesota Tora (Hydraulic) $ 9,865.00 $ 9.50/hr. $ 40.00/hr. -- 30 days fraa� award ' ' ' � , � J , �� � C� J ' , II � `__1 � C� ' � ' ' , � REGULAR COUNCIL MEETING OF JUNE 7, 1971 P� 19 The Acting City Manager said that there were two bidders, but one�did na� bid according to specifications, and the other was high. The recammendation of the Administration is to reject all bids and authorize rebidding. The caaipany that quoted the prices used when c�npiling the estimate did not bid because they were suppliers for the other company and did zwt feel they could bid also. Z'he Ci�y Attorney has advised that the bids cannot be negotiated. Councilman Harris asked haw many invitation�¢ to bid were sent out. The Acting City Manaqer said he did not know, but there were more than thi�. Councilman Harria said that this was principally to be for materials, rather than labor. MOTION by Councilman Harris to concur with the Administration and reject all bids, and authorize rebiddinq based on different criteria. Also to direct the Parks and Recreation Director to notify the Fridley Youth Football 1►ssociation of the delay as they would be using the field this fall. The motian was seconded and upon a voice vote, all voting aye, Mayar Kirkham declared the motion carried unanimously. RESOLUTION i162-1971 - RESOLUTIODi IN QPPOSITIODi TO itEZODiIDiG OF DLIRNIIlI ISIAND: ' Mayor Kirkham asked a member of the audience what item he wac interested in, so they could take care of hin, and he replied that he was p3ann.ing to qo to the rezoning hearing Brooklyn Park is holding Wednesday niqht in reqard to Durnam ' Island and he wanted to know the feeling of the Council to present at that hearing. ' Mayor Kirkham said that he was prepared to say that he is oppo�ed to the development of Durnam Island. MO'PIODi by Councilman. Liebl to adopt R�eoluti.cui �62�1971. SeaoncUci by .Councilman , Harris . Upon �► voice vote , all voting aye. -�H►yor . Iti.rl�haa declarod the awtion carried unanimously. , , i� � � DISCUSSION REGll1iDING LOAN E'AI'J� FRIDLEY VOLUD1TESit FIREMEN � S RELIB!' ASSOEIATI�i FOR EXPANDING CITY GARAGE: TY►e �ating City !lanaqer reportsd tba►t the tizet�n's Relief Association has said they will have money available at 5 3/8�. Ths bids have not b�sa ordered as yet ior �tiie guage. Z'!ie iinal plans are beinq dxaNn at this. tima. iie said that trhethe� the City'would aant to-qafi started on this this Eall.or_vrait until the firat of the year to let biaa i� aomethinq they shauld decid�. It would not-be aoapleted until next ysar. Councilman Harrfa falt that if the plans �rs �ppravsd there wauld be no reasoa to�waft. Prices�kosp goinq up asid ther� Mould be nothinq-gair►ed by wmitinq. Tha ectinq City'Manaqer said that t2►�a as soon a►s the �inal plans are campleted, they will caae back beforo Council. MOTION by Cauncilman Liebl to receive the cQamuaication fram the Fridley , Volunteer Firamen's Reliof Association dated May 21, 1971. The motion wa� seconded and upon•.a voice vote, all voting aye, ldayor Kirkhaa daclared the motion carried unani;ac�aly. � � �� CONSIDERATION OF FIRE AYPARATUS SPECIFICATIONS ADiD AUTHORIZING 71DVERTISEMENT FOR BIDS� The Fire Prevention Bureau Chief said that the specificatfons �re qwite detailed on the fize appairatu�, and it is a very basic pnit. REGULAR COUNCIL MEETING OF JUNE 7, 1971 PAGE 20 Councilman Harris said that at one time the Council discuased whether,.at some time in the development of the co�amunity, it would be necessary to ch�nge or add to the location of the fire call aenter. The Fire Prevention Bureau Chief said that this was taken into account at the time the addition to the Fire Station was made. They feel that they will k�e able to stay where they are. They have fairly good routes to all parts af the City with the exception of the crossinq over the railrnad tracks on Mississippi Street, and this is going to be changed into an underpass. Even their long runs are still considered within normal limits. They are not penalized as fax as fire insurance rating by the ratinq buxeaus on their response time. He could see no reason for change unless there wa� a chanqe to saae type of inetropolitan or county .wide system set up. He added that they now have three pieces of apparatus 20 years old or older. Barinq any unforseen developments in the canmunity, this appaaratus should put the depart�nent in a strans� position and ?t should be 10 years before they would have to think about purchasing any mare major pieces of equipment. It may be that they have been remiss in not purchasing this piece before. They protect property valued at $155,000,000 and there is an extremely high number of multiple dwellings. It i� recoumended for a co�nnunity of this size, that there be four engine companies and two ladder companies. They feel that they Gan use the one ladder company and pick up the other from mutual aid. They have one tanker they could reti.re and rwove the ladder canpany into reserve, beaause of a full cpmpliment of ground 1a�ders. The older engine company cpuld stay �or anath�r 7�- 8 years. There would not have to be any major replacements until abaut 1983. He added that they are quite insistant on sprinkler systeras� ax>d keep the presswce on the builder. Mayor Kirkhaui said that the Council has asked the Fire Department to pxepare this infosznati.on on the fire apparatus, as they recoqnize the need for the cva�nunity. Delivery of the equipment is proi��ly still three years away. It i� n�cessary to keep p�tce with the qro�h of the coasa�unity. �iddQngb�oCc�lose Au�gustr2is190 authorize bidding for a new fire apparatus, � 71. Seconded by Couacilman Kelshaw. Councilman Kel�haw said that he felt that the Fire Station was in a qood locatioa, but in disau�sion� with�_the volunteers, they feel that they have a problem in that the tratiic an Un'iversity avenue cloes not stop or slow dawn to allow tbem to enter the traffia. The men take a ri�k c�ing out onto University Avenue. He wondered i� they vould not direct,the �ctinq City Manaqer to contaCt the Highway Department tq s�s�e r�hat kind o� proposal they asy have to set the siqnal lights on red or some such suqgestion. The Fire Prevention Bu�Ceau Chief said that even with another 1.ocation tZaey could have the same problem. Many years ago they tried to Nork out an arranqement with the Highway Department for contr4l o� the traf�ic eignals wher�by for s� ne�riy minutes the l�ght �ou�d remain rede tt'►en revert to nvra�al operation. He felt that the situation is not apaethi�4 they ca�rinot la.ve with. Th�y " c�n q�t the a�a jox equiga�er�t moving in 90 secor� . TiierQ could be a control in the staetion to set the liqhts. xHE VC1TE upon the motion, being a voice vote, all votinq aye, �ayor Ki.rkhau� decl.eazed the �ption carxied unanimously. � � I� ' I !J L__J � I �J ' , ' ' ' u ' ' � � � ' � � � , , � ' �,I L�' ' � , �l J ' ' REGULAR COUNCIL MEETING OF JUNE 7, 1971 PAGE 21 CONSIDERATION OF BEER PERMIT PLUS CONCESSION STAND RE4UEST - FRIDLEX SOFTBALL ASSOCIATION: MOTION by Councilman Liebl to grant permission as outlined in the letter from the Fridley Softball Association letLer dated June 1, 1971, as authorized by Ordinance #463. Seconded by Cout:cilman Harris. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously. CONSIDERATION OF REDISTRICTING OF WARD BOUNDARIES: MOTION by Councilman Harris to receive the information supplied by the Acting City Manager. Seconded by Councilman Liebl. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously. RESOLUTION #63-1971 - A RESOLUTION RECERTIFYING SPECIAL ASSESSMENTS ON TAX , FORFEIT PROPERTY WHICH Ii3►S BEEDT REPURCHASED: MOTION by Councilman Liebl to adopt Resolution #63-1971. Seconded by CounciLnan Harris. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carri.ed unanimously. APPOINTMENT: BOARD OF APPEALSa (For Vacancy of Robert Ahonen) Mayor Kirkham submitted the name of Mr. Donald E. Wall, 6850 Washinqton Street N.E., Telephone: 560-2272• He said that he was an engineer and a resident of Fridley fot 10 years. MOTION by Councilman Harris to concur with the appointment of Donald E. Wall to the Board of Appeals. Seconded by Councilman Kelshaw. Upon a voice vote, all votinq aye, Mayor Kirkham declared the motion carriQd unanimously. APPOINTMENT: CUSTODIAN: Name Position Effective Date Paul A. Paulsoa Cuatodian June 14, 1971 Fridley, Minnesota Rppla►ces Ernest J. Neados MOTION by Councilman iia�eris to concur in tlie appointment of Paul A. Paulson as ' custodisn. Seconded by Councilman I.iebl• UPon a voice vote, all votinq aye, Mayor Kirkham declared the aotfon carried unanimausly. ' , ' lJ ' APPOIDITI�NTs CITY MADtAGER: MOTION by Councilmaa Breider to appoint Gerald R. Davis as City Manaqer ef�ective June 15, 1971, Seconded by Ceuncilman Harris. Upon a voice vote, all votinq aye, Mayor icirkha�► declared th4 motion carried unani�wuslY • CLATMS: _____— MOTION bx Counci3�man 8reider to approve paymsnt of General Cl�ims N�5257 throuqh #25378 and Liquor Claims #5646 throuqh �15680. Seconded by Councilman Liebl. Upon a voice vote, a11 voting aye, Mayor Kirkham declared the motion carxied una,nimously. � REGULA�t COUNCIL MEETING OF JUNE 7, 1971 0 LICENSES: Cigarette Chantielear Pizza 6304 FIwy. 65 Fridley, Minnesota By: Richard Kempe Public Drinking Place Frontier Glub 7365 Central Ave. Fridley, Miru�esota By: Marlene Povlitzki Faod Vendinq Machines ** Mico Independent Oil 6500 East�River Road Fridley, Minnesota By : Bruce Behnke Fiesta Beauty $alon 244 Mississippi Fridley. Minnesota � By: Irene TruPpman Gary'a shell � . 610�, LTn�iv�rsity Ave. Fridl�y, Minnesota By: Gary Lon,qsrbone Fridley Golf Dsiving � � 81Q0 Un,ivarsity Ave�. Fridley, Minnesota By: Roqer Jones Standard Oil c.b. � 6490 University Ave. Fridley, Minnesota By: Coca-Cola Midwest Inc. 6ulf Service Station 7451 Baat River Road Fridley, Minnesota By: Coca-Cola Mi.dwest Inc. Fullerton I�etal Co. 5170 Main St. PAGE 22 Approved By Police Chief Police Chief Health Inspector Health Inspector Health Inspector Health Iaspector Health Inspector Health Inspector Health Inspector Fridley, Miruiesota By: Coca-Cola Midwest Inc. � Iiealth Inspector Maore Lake Unior� 76 5695 HACkmarin Ave. - Fridley, Minnesota. �y: -Richard�Kyro - Assurdnce Mig. Co. 7753 Heech St. FridieY, Minxxesota By: As�urance Mfg. Co. *� Health ii�spectqr ok'd�io� pbp and candp only: xhe milk cooler was not approeed. � Health Inapector Health Inspector i � , ' , ' ' ' ' ' ' ' ' ' ' � , ' ' ' REGULAR COUNCIL MEETING OF JUNE 7, 1971 LICENSES CONTINUED: Food Vending Machines Steiger & Gertzen Garage 5519 Central Ave. Fridley, Minnesota East River Road Garage 6501 East River Road Fridley, Minnesota Phillips 66 5667 University Ave. Fridley, Minnesota Railroad Accessories 4650 Main Street Fridley, Minnesota Les's Standard 7680 Hwy. #6S Fridley, Minnesota Food Establishment Chanticlear Pizza 6304 Hwy. #65 Fridley, Minnesota Canteen Corp• o� FMC 4800 Marshall Street Fridley, Minnesota Brothen, Inc. 7501 Couanerce Lane Fridley, Minnesota Stav's Superette 6�83 University Ave. Fzidley, Minnesota Stav'a Superette 6319 Hwy• #65 Fridley, Minnesota ** Fridley Jaycees Fridley, Minnesota ** Fridley Mrs. Jaycees Frid�.ey, Minnesota By: Ernest Gertzen By: Michael Zgodava PAGE 23 A�proved By Health Inspec�or Health Inspector By: Pioneer Distributing Co. Health Inspector By: Griswold Coffee Co. By: Les Schaffran By: Richard Kempe By: Henry Baudin By: Rolf Brothen By: Robert Stavanau By: R�bert Stavanau gy; kia,rvin Bodeker By: Jeanette Coleman ** Special license for carnival being held on June 2-6 across from Hollday Village North in em�ty �,q� Health Inspector Health Inspector Health Inspector Health Inspector Health Inspector Health Inspector Health Inspector Health Inspector Health Inapector REGUL�R COUNCIL MEETING OF JUNE 7, 1971 LICENSES CONTINUED: Garbage Pickup J & W Pickup Service 7631 Lake Drive Circle Pines, Minn. By: Leo Bruder Walter's Disposal Service 2930 101st Avenue Minneapolis, Minnesota �y: John Walter . Service Station G�ry's Shell 6101 University Avenue Fridley, Minnesota By: Gary Longerbone Fridley DX 5701 University Avenue Fridley, Minnesota By: Duane Schlattman Off Sale Beer Stav°s superette 64$3 University Avenue Fridley, Minnesota By: Robert Stavanau Stav'�t Supsrette 6319 Hwy. �65 Fridley, Mint�esota Bys Robert Stavanau Chuck'� Gulf Station 7315 Hwy. �►65 Fridley, Minnesot� By: Charles Jordan Heating - Deluxe xeating & AfC Cca�pany � 1405 West 97th Street Bloodaington, Minnesota By: Williau� Nagel Masonxy stone ldasonxy � � 15002 University Rvenue Anoka, Minnesota By: Jeroar� Stone General Contractor Miks Ada�ma �Buildars � 4720 Winqard 7�ane Braokl�n Center, Hinnesota By: Michael Adatas PAGE 24 Approved BY Police Chief Health Inspector Police Chief Health Inspector Fire Chief Building Tnspector Fiie Chief Building Inspector Police Chie� Fiealth Inspector Fo].iae Chief Hea],th Inipectox Police Chief Health Inspector Plumbinq In�pector Huildi.�aq Inspector Building Inspector , ' ' , ' ' ' ' ' , ' ' ' ' ' ' ' ' ' i� I ' I , I , 1 ' ' ' ' ' ' ' ' ' �I, �J ' ' ' R�GULAR COUNCIL MEETING OF JUNE 7, 1971 LICENSES CONTINUED: General Contractor Donco Builders, Inc. 1052 Osborne Road N.E. Fridley, Minnesota_ By: Roger Larson• PAGE 25 Approved By Building Inspector Andrew P. Gawel Contrs. Inc. 2407 Washington Street N.E. Minneapoli5, Minnesota By: Andrew P. Gawel Buil3ing Inspector Jamison Brothers Inc. 8406 Sunset Road N.E. Sprinq Lake �ark, Minn. By: W. Anderson Building Inspector Robert F. Norberg Builder 3316 Hillsboro Avenue North Minneapolis, Minnesota By: Robert F. Norberg Building Inspector Olympic Construction Co. 2828 5th Avenue South Minneapolis, Minnesota By: Robert McGregor Building Inspector MOTION by Councilman Harris to approve the licenses as submitted. Seconded by Councilman Kelshaw. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carr�ed unanimously. ESTIMATES: State of Minnesota Department of Highways St. Paul, Minnesota 55101 FINAL Estimate #1 for Wo�[k Perforn�ed Under Agreement No. 55619 SP 0205-32, T.H. #47 & Osborne Road Signal $ 7,019.05 FINAL Estimate #1 for Work Performed Under Agreement No. 55611, SP 0205-32, T.H. #47 & -- 53rd Avenue Signal $11,333.12 EIarc]xives , Inc . • 10135 Central Avenue N.E. Minneapolis, Minnesota 55435 P�IAL Estimate #1 for Work Canpleted and Materiale on Hand, ali Accordinq to Contract. $24,693.21 Stree� Impravement P�rojBCt St. 1971-1 pAgT7AL Estimate Nl ior Work Gompleted and MAterials on Hand, all A�caording to Contract. ' Stxeet Improvement Prpject St. 1971-2 $ 1,547.91 REGULAR COUNCIL MEETING OF JUNE 7, 1971 ESTIMATES CONTINUED: Dunkley Surfacing Co. 3756 Grand Street N.E. Minneapolis, Minnesota PARTIAL Estimate #5 for Work Completed & Materials on Hand, all According to Contract. Street �mprov�ment Project St. 1970-4 Park Construction Co�npany 51 37th Avenue N.E. Fridley, Minnesota PARTIAL Estimate #2 for Work Completed & Materials on Hand, all According to Contract. Meadowlands Park Storm Sewer Project No. P-10. PAGE 26 ' ' ' ' $34,07$.98 ' ' $ 781.05 MOTION by Cou�ci�man Liebl to approve payment of the estimates as submitted. Seconded by Councilman Breider. Upon a voice vote, all voting aye, Mayor Kirkham declared the �tion carried unanimously. CONSIDERATION OF TRAILER PERMIT RENEWAL - BURLINGTON NORTHERN: MOTION by Councilman Kelshaw to approve the trailer permit renewal requested by Burlington Northern. Seconded by Counci]snan Liebl. Upon a voice vote, all votinq aye, Mayor Kirkham declared the motion carried unanimously. SETTING DATE FOR FIRST lY1EETING IN JULY : It was brought to the Council's attention that the Fourth of July is on Sunday and the Fifth is a Holiday. ' MOTION by CounciLnan Harris to set the Regular Council Meeting for July 12, 1971. 7.'he motion was seconded and upon a v�oice vote, all voting aye, Mayor Kirkham declared the motion carried �nanimously: CQMI�lUliICATIONS : . A. SCHOOL DISTRICT #16t NSP RATE I13CREASE: MOTION by Councilman Liebl to receive the coaimunication Ercw School DistriCt �16 dated May 7.8, 1971. Secondad by Councilman Kelshaw. Upon a voice vote, all v�otinq aye, M�yor Kirkham declared the motion carried unanimously. 8. COLLiMBIA T�EIGHTS s I�lEETING ON NSP RATE IDICREASE: MOTTON by Councilman Liebl to receive the c�au►unication fro$ Columbia Heiqhts dated Ma1y 18, 1971, Seconded by_(buncilman �Ce�shaw. Upon a voice v�ote, all troting aye, Mayor Ktzkham declared the motion caxried unanimausly. � �� � ' ' ' ' '� , , ' ' � ' ' ' L.J ' ' ' ' ' ' ' ' ' , � ' ' � , ' REGULAR COUNCIL MEETING OF JUNE 7, 1971 C. COLUMBIA HEIQiTS: NSP RATE STUDY: PAGE 27 MOTION by Councilman Liebl to recieve the cammunication fran Columbia Heights dated May 27, 1971. Seconded by Councilman Breider. Upon a voice vote, all ayes, Mayor Kirkham declared the motion carried unanimously. D, $g,ppKI,}(N pAFtKs RE�ONING F�ARING NOTICE - DURNAM ISLAND: MOTION by Councilman Liebl to receive the rezoninq hearing notice from Brooklyn Park xegarding the rezoning of Durnam Island. Seconded by Councilman Kelshaw. Upon a voice vote, all ayes, Mayor Kirkham declared the motion carried unariimausly. E. N. MINNEAPOLIS CFiAPTER OF THE ISAAK WALTON LEAGUE: DURNAM ISLAND: MOTIQN bx Councilman Liebl to receive the resolution from the North Minneapolis Chapte� of the Isaak Walton League regarding Durnam Island. Seconded by Counci Lnan Kelshaw. Upon a voiee vote, all ayes, Mayor Ki�kham declared the motior� carried unanimously. F. G�RAI, T�LEVI S I Obi : CABLE TEI.EV Z S I ON : Caunci.lman Harris said that he read with interest the proposal by General Television to sexve Fridley with cable T.V. He said that he would be happy to receive all proposal� to serve the City with cable T.V. MOTION by Councilman Harris to serve notice that Fridley will entertain propossls for cable T.V. until July 19, 1971. A certified check in the amount of $25,Q00 is to acco�apany the application for franchise cable televisaon. Out of this �wount supplied by the succesaful bidder, will. be taken administrative costs in preparing documents, research etc. Saconded by Councilman Kelshaw. Upon a vo1Ce vote, all voting aye, Mayor Kirkham declared the motion carried unariia�ouslY• 1 A RESOLUTIODI EsTAisL�Snt�+v nva�r.i+�v ....�.�.+��••••••. •------ -- pF THE CITY OF FRIDLEY PUBLIC WORKS AND P�R DEPABTMENTS: MOTION by Councilman Liebl to adopt Resolution #64-1971. Seconded by CounciLnan Breider. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unani,mously. ROCK AND �LL DANCE AT COL(II�tBII�I ARENA: MayoX Ki.rkham said that the Council did not put this item on the Aqenda, but a11 members received a copy of the memorandum from the Chief of Police concerninq � rock and xoll dance at Columbia Arena. He felt that the City should follaw his �uqgestions and be prepared for it. Councilman Harris felt that since it is in Fridley, the Citx has tha riqht to insist on certain conditions of perfozmance. Maypr Kirkham said that tha Oounty has already authorized it. TheY are qoi.nS to use�the Anoka County Natsr Patml• TheY ate not Police offic�l's aad do not ' have the pawex of arrest. �OTION by Couna�.Laan Harrie�to order a comnunication s�nt to ]►noka County ,atatinq �� }�j,s �anc@ wa$ approvsd prior to it comi.nq ta the Fridley Qouncil �or revieM. Hs v�tld request that �,►#e 1c� 25 �niformed police offia��,� j�����t. Qr a numbex reco�te�dad bx the Police �ef. The motion was aeconded. REGULAR COUNCIL MEETING OF JUNE 7, 1971 pAGE 2g Mrs. Helen TreuenEels said that a rock and roll dance is not the same thing as a rxk �estival, Councilmdn Harris said that was not his understandinq and that he wanted adequate control. Mayor Kirkham added that Fridley is res- ponsible.for tiihat happens within the City. The Water Patrol are not trained Policemen. The Acting City Manager said that they were told by the County that they would contac� the Ghief of Police and provide protection with whatever method he rec4mmended. This is not what they did. THE VOTE upon the motion, being a voice vote, all voting aye, Mayor Ki.zkham declared tk�e motion carried unanimously. AATOURNMENT: There being no further business, Mayor Kirkham declared the Reqular Council Meeting of June 7, 1971 adjourned at 12:40 A.M. RespectPully submitted, �%�u,e.�7�Z���,.�e/ Juel Mercer Secretaxy to �2�,e City Ca�ncil � Jack O. Kirkham Mayor ' ' � , ' , ' ' ' ' ' ' ' ' ' ' .' ' ' ' ' I I ' ' t THE MINUTES OF THE SPECIAL PUBLIC HEARING MEETING OF JUNE 14, 1971 PLEDGE OF AI�I.EGIANCE: Mayor Kirkham led the Council and the audience in saying the Pledge of Allegiance to the Flag. Mayor Kirkham called the Special Public Hearinq Meeting of June 14, 1971 to order at 7:50 P.M. ROLL CALL: MF,MBERS PRESENT: Kelshaw, Kirkham, Liebl, Breider MEMBERS ABSENT: Harris ADOPTION OF AGENDA: ' Mayor Kirkham said that Item #4 (Contracts with Coon Rapids) was to be tabled and B under Coaanunications added: Letter froan Wyman Smith on behalf of Max Saliternnan in regard to Shorewood Lounge• ' ' �I ' ' ' ' ' ' ' ' , MOTION by Councilman Breider to adopt the Agenda as amended. Seconded by Counciltnan Liebl. Upon a voice vote, all voting aye, Mayor Kirlclzan► declared the motion carried. PUBLIC HEARING ON VACATION REOUEST, SAV #71-02, JUSTER ENTERPRISES, INC. STREET AND ALLEY IN ONAWAY ADDITIOAi: Z"he City Engineer explained that this request is for the vacation of an alley in Block 3 and Hickory Street between 79th Avenue and 78th Avenue. He shawed the area on the overhead projector and said that this property is all owned by one party, and they want to develop it into one larqe parcel. The Planning Com�nission held their hearing and re,^,o�nended approval eubject to there being a cul de sac on the west end of 78th Avenue. Mayor Kirkham asked if there was anyone in the audience wishing i-.o ca�nent, with no response. MOTION by Councilman Breider to close the Public Hearing on the vacation request SAV #71-02 by Juster Enterprises Inc. Seconded by Cc�uncilman Liebl. Upon a voice vote, all votinq aye, Mayor Kirki�am declared the hearinq closed at 7:57 P.M. The City Enqineer caa�mented that he would have the Ordinance ready for first readinq at the next Council Meeting. � PUBLIlC HEAbtIPIG..'ON WATER .511�1ITARY SEFTER AND SZ'ORM SEWSR - PROJECT #102: The City Engineer sxplained that this ia the project mainlg in the north end of the City. He has had aeveral meetings with the involved property awx�ers reqarding the plans. He suggested takinq th� project section by section, and explaining each section. He said he had mei with Mr. Ray i�tormsbecker and Mr. Charles Settle and has received a petition from Ernest Cook for the improve- ment. There was or�ly ong person, Mr. Pred S. Yesnes, that Mras not anxious for the improvement. SPECIAL COUNCIL MEETING OF JUNE 14, 1971 PAGE 2 ' Water Main: The City Engineer showed the plans on the overhead projector and said they would be putting the improvements in the main streets. It would connect along Main Street to just short of the lines on 85th Avenue, 83rd Avenue and 81st Avenue etc. Properties would be served with mains and the lateral extensions would be left for later when the property develops. This includes the parcel of land Viking Chevrolet has. Mostly, it would be a 10" main. This main system proposed can all be put in at this time, or staged depending on the reaction of the property owners. Their reaction seems to be that they want it in. There is some fill material available from Burlington Northern they hope to use for building the facilities and to open up the roads to . prepare this land for future development. Nix'. Wyman Smith said that the people he represented are anxious to qet the improvements in Parcels 7200 and 1800. Councilman Liebl asked if they are in agreement with the plans i� regard to the layout of the fire hydrants. Mr. Wyman Smith said that he has made an appointment to meet with the City Engineer at 2:00 P.M. tomorrow. They will go into these details then. They have been coordinating the work with the Engineering Department. Councilman Liebl asked if a 10" main would be adequate, anticipating the future growth. The City F;ngineer said yes, this is the reason they plan on using the 10" line. It is meant for industrial and commercial areas. All the lines are looped and there are two sources of supply. Mr. Wormsbecker said that he represented Mr. Barbush who is interested in Parcels 3000 and 3600. He said the water mains as proposed looked favorable. The City Assessor said that for the water main, the front foot assessment comes to $14.44 per foot. The City Engineer said that he wanted to point out that�the reason for the higher than average cost is because of the difficult soil conditions. :hey wanted to have the figures high enough, and it is hoped that after the bids are let, the prices may be lower. Sanitary Sewer: The City Engineer said that the red areas shown on the overhead projector are the areas proposed to be improved at this time. There were also green lines which represented future extensions as the property develops. These are to be considered area laterals rather than locai laterals. The location of the lines follav the lot lines, to keep the costs to a mi.nimum. There has been discussion with the property owners an hooking onto the Metro Sewer line at the railroad tracks. There will be no extension through the park property. T'here has been a request from a property awner to put the line in 83rd Avenue. This portion of the project dces not create any engineering problems. Z'he only question is whether it is expected that the park property is to be assessed. These are all large laterals to serve large areas. Mr. Wyman Smith asked if the asses�aent would be charged on both sides and the City Engineer said yes, by front footage, except the park property. There would be both a front foot charge and an area charge. The City Assessor said that the front foot charge would be for the area interceptor on both sides. On 83�d Avenue it is charged on only one side because of the closeness to the street. We have to wait and see what kind of development will go in there. T'he estimated cost of the sewer lateral is $18.00 and the estimated vast of the sewer area interceptor ie 81C per 100 square feet. These costs c+ould change, but if one is higher, the other would l�e lower, Mr. Smith said tt�at the u' �� ' , ' ' ' ' LI � CI ',I ' ' , ' � � , ISPECIAL COUNCIL MEETING OF JUNE 14, 1971 ' , �-J ' ' ' ' ' , ' ' � ' ' ' ' ' ' PAGE 3 owners of Parcels 7200 and 1800 favor the installation and request the Council to proceed. Mr. Cook also favors the installation of the water and sewer. Stoxat Sewer: The City Enqineer said that this proposal is to provide proper drainage to the parcels. The dotted lines on the projector represent the existing ditches and the solid lines are the proposed pipes. The pipes are to be located at the lower elevations of the parcels, and will drain all the major parcels. The individual property owners will have to provide their own extensions to hook on. The whole system does not have to be put in riqht away if the Council would want to delay, but the total nlan is presented which would be needed if the property is to be developed properly. There are same open ditches that could be left, if the Council wished. That would be an interim solution. He co�nnented that he was not saying that the whole system should be put in at this time. Councilinan,8reider asked where the pipe would run off Parcel 1400. The City Engineer said that it would go to a culvert under the railroad tracks. This is Spring Brook Creek which goes into Riverview Heights. Counci]man Breider asked what about the beaver dam. The City Engineer said that as he indicated earlier, if the City wants to drain the parcels properly for future develop- ment, it will be difficult to maintain the beaver dam. It is true the ecology will be damaged. Councilman Breider asked if he had looked into open drainage. The City Enqineer said yes, the property to the north when drained could probably have some ponding. They are not anticipating any expansion of facilities on the west side of the tracks. In the north end, there is Couaty Ditch �k17, and drains part of Coon Rapids znd Blains. Fridley has an agreement viith Blaine, and if l�ridley improves this area they would have to participate. Councilman Breider said that depending on how the area develops, open drainage can be made quite attractive i.n induetrial sections. The City Engineer said yes, he was not advocating a ccmplete closed system at this ti.me. He added that there is also a problem of a hiqh water table. Mr. Smith said that this was one of the items he wanted to talk to the City Engineer about the next day, �t►e plan for this 80 acres is for a road throuqh the center. The plan is to have about 1� acre parcels. There were same teet holes made which caa be made available to the City on the water table and the peat depth. Thsy were quite pleased with the reports. The peat at the worst was only 3' to 4' deep. They plan to make use of the railroad ditch. The peat will be scraped off and dirt hauled in. By doing some drainage work initially, it will make it easier for the contractors to do their work. He said he aqreed they did need the drainage system. The design seems to fit the topography. The City Engineer said that the work could be staqed with a caaabination of open ditches and closed system used. This would depend o n hc�t the land developa. Any dev�lopaent should be made aware of the po�ontial costs to them. They will try to kaep the cos�ts at a min�*� and do the.work as reasonably am possible. Councilu�z Liebl asked if the City Eaqineer was proposinq that eventually it will all be un�derground. Tho City Enqineer.said no, but if tha property awners want it developed that v►sy, that ia th� way it will be Sone. If.they vrant to leave some areas open and landscaped this can be done, saae develop- ments could live witY; ditches. He said he foresaw somethinq in between a complete syatem auld o�en ditches. It Will probab�y ba part open a� part closed. J SPECIAL PZJBLIC HEARING MEETING OF JUNE 14, 1971 PAGE 4 Councilman Liebl asked if the City Engineer whether the run-off would not raise the level of Sprinq Brook and possibly cause trouble in the resi- dential areas in Riverview Heights. He questioned how much the water level would increase. The City Engineer said that this creek is part of a large watershed district that drains Blaine and Coon Rapids. The area proposed to be drained into the pipe is a small area. At present this area does drain into this creek. The culvert will not be increased in size under the rail- road tracks, or to the west. If Blaine develops further there will be more run-off. There will be some money to do some bank work, which will be more psychological than actual necessity. There will be no substantial increase in run-off. The Acting City Manager asked about participation by Blaine and Coon Rapids. The City Engineer said the improvements in the area west of the tracks and to the northeast, when they are done, they would have to parti- cipate. Mr. Wormsbecker said that they were in favor of the construction of the storm sewer. Mr. R.ichard Harris asked if, parallel to the railroad tracks, that would not have to be a ditch. The City Engineer said probably, but it would depend on how the property owner wants it developed. T'here might be some problems with depth. Mr. Harris asked how deep it r�ould have to go. The City Engineer said in 78th the.culvert would have to be increased to provide adequate drainage. The existing cul�ert was out of date 20 years ago. Mr. Harris said that it would seem to him that if the culvert was not large enough the water would back up and there are certain buildinqs there al- ready constructed that may have problems. The City Engineer said that the court case hearing is in June. That improvement is goinq to be made too. There is no question that the culvert has to be increased. Mr. Eldon Schmedeke (Planninq Com�ission) said that he questioned the peat depth. He thought it would be over 3 feet. He said �hat he had a hunch there would be a lot of rezonings, especially along University Avenue. The Planning Com�nission has asked to look into this. They have made a study of this area. The City Engineer said that the Planni.ng Cc�muQission reviewed all the development in regard to roads and access. They approved the plan then it went to Council and was approved. The plan i9 naw being foll,owed and this is to provide the utilities for these parcels. Z'he utilities will be adequate to serve either industrial or com�►ercial enterprises. The basic use of the land would be the same. Mr. Schmedeke said tha� ttie Planning Comnission took home booklets last Wednesday night and have not had a meeting since then. Mr. Richard Harris asked where the drainage district was and the City Engineer pointed it out on the screen. He asked if there was any proposal For weat of Main Street and the City Enqineer said no, not under this project. Utilitiss in Al Rose Addition: The City Assessor reparted that he had r�ceived a call that day asking if the price for the north are� would be put in with the cost of the Al Rose l,ddition. He said he assured the caller that the prices would b� kept �eparate when it is bid. The City Engineer added that there would be a big di#ference in pr�.ce becauae of the soil conditions. The cost would be lower in the A,l Ro�e Addition. He showed the area on the map and said that the drainage is all basically taken care of for this area. C� � � ' ' ' L� , ' ' ' u �'� LJ ' ' , ' ' � �I � � , � � ' ' � �J ' C_J ' ' � , ' SPECIAL COUNCIL MEETING OF JUNE 14, 1971 PAGE 5 The City Asses�or said that he had talked to Mr. Mattson before the meeting. He was interested in Lots 3, 4, 5, 6, 7, & 8, Block 1, and Lots l, 2, 3, & 4, Block 2. He was shown the estivaated figures and was satisfied. He did not own the property but was interested in buying and would be assuming the assessments. He understood that this did not include the road. He said that if he did not make it back for the meeting, to tell the Council he was in favor of it. Councilman Liebl said that the total estimat�d cost was $21,228.00. Z"he estimated cost of the water service is $313 and for the sewer service $278.93. The estimated cost of the water lateral is $5.24 per foot and for the sewer lateral $6.69 per foot. The City Engineer emphasized that this is only an estimated cost. The exact cost will be known next year. 1�OTTON by Councilman Liebl to close the Public Hearing on Sewer, Water and Storm Sewer Project #102. Seconded by Councilman Breider. Upon a voice vote, all votinq aye, Mayor Kirkham declared the motion carried. CONSIDERATION OF RE UEST FOR APPROVAL OF LAND ALTERATION PEI�IZT BY FMC CORPORATION: The City Engineer said that he advised FMC to get approval from the Corps of Engineers because it involves the river and the Corps has control of the rivers. 2"hey have been successful in getting their approval. They have to provide additional protection on the banks to prevent erosion. They are going to be using rock along the banks of the river. Originally they anticipated they would be using one million cubic yards of material from Burlington Northern, now, they think it will be about 3/4 million cubic yards. He showed their proposal on the screen and said he suggested to them that they stay abave the 1965 water level. Iie added that there is considerable amount of work to be done. He.suggested the Council could approve the permit subject to their submitting a bond to assure that the property will look nice and neat when they are done. They are to seed or sod when they are done filling. Mayor Kirkham asked if they meet the Corps requirements in regard to erosion. The City Engineer said yes, his department has copies of the Corps approval. He added that his department is suggesting that they should seed or sod and provide top soi1. Councilman Breider asked what was the present level. The City Engineer said from S10 to 803. Councilman Breider asked if they filled this area, would • there be any affect on property to the north. The City Engineer said no, here we are talking about a very small change in the cross section. There would be no di£ference in the dike area. In the flood are the elevation is 823, here it is 816, or about a 7' drop. Mayor Kirkham asked how much deve�opable land there will be when they get done. The City Engineer said about 30$ - 33� more. The City Attorney asked how it was zoned. The City Engineer replied residential. Councilman Kelshaw asked how much material the City has asked for from Burlington 13orthern and the City Enqineer replied about 2h million cubic yards. He then showed on the map where the material would be used in tha City. . Councilman Liebl asked Wheeler Smith, who was in the audience, if they intended ' to develop the land. bir. 9mith replied that he is attorney for FMC. T3iey are aware this land should be.developed, but they do not �ay� �nY ,�1�� as yet. ' SPECIAL COUNCIL MEETING OF JUNE 14, 1971 PAGE 6 At the high water stage in 1965 at 817 elevation, 65$ of this land was under water. Their proposal is to bring it up to about 830 top level, to make the land usable. Councilman Breider asked again if this would not affect Riverview Heights adversely. The City Enginser said that this minor change would not affect it. Councilman Breider said that here the talk is about 40 acres, and it seems that would diminish the river channel. The City Engineer said that it is four miles down stream and about seven feet lower. The affect of back water is minimal, and there will be no substantial difference. The reason there will be increased problems in Riverview Heights is because of the development to the north and faster run-off. if there were to be any effect in Riverview Heights it would just be psychological. The people would feel that this is one of the reasons for their trouble. M�TION by Councilman Liebl to grant the Land Alteration Permit for FMC as laid out and agreed upon by the Engineering staff. Seconded by Councilman Kelshaw. Upon a voice vote, all ayes, Mayor,Kirkham declared the motion carried. The City Engineer asked if there were any buildings in the area. Mr. Wheeler S�nith repiied that al]. the buildings are on hiqher ground. RESOLUTION #65-1971 - A RESOLUTION APPROVING AGREEMENT WITH THE STATE OF MINNESOTA IN REGARD TO FRONTAGE ROAD DETACHMENTS ON T.H. #47 BETWEEN 57TH AVENUE AND 61ST AVENUE: The City Engineer said this agreement was in regard to state part�,cipation in the detachment of T.H. #47 frontage roads at 61st and 57th. There is can- siderable amount of state participation, they have agreed to the amount of $135,953.94, after a long lenqthy negotiation with them. Councilman Liebl asked the City Attorney if the City now has all the land needed, and the City Attorney said that there is a verbal agreement with St. Williams Church. The City Engineer said that they had everything including riqht of entry, except for Shell Oil. It seems there was a change in their administration, and Fridley is having difficulty in getting them to go along with a reasonable conclusion. He added that the City is opening bids July 6th. He hoped in the next few weeks to have the problems ironed out with Shell Oil. He said they had xeceived the deed from St. William's Church, so the Shell parcel is the only problem to date. Councilman Liebl asked what was the agreement on the west side of T.H. #47 north of 61st at Star Lane with the aparta�ent house owner. The City Engineer said there was no right of way needed fran him. Councilman Liebi asked if this would be c�sb and gutter and blacktop to full v�idth and the City Engineer replied yes. He added that he cailed Shell Oil last weelc and he understood the gentleman is on vacation this week. 4 MOTION by Coiuncilmetn Liebl to approve the agreement and adopt Resolution �65-i973. Seconded bX Councilman Breider. Upon a voice vote, �1� voting aye, Mayor Kirkhaim declared the motion carried. � CONSIDERATION OF LETTER TO RESIDENTS OF R�VERVIEW HEIGHTS: (In Flood P1ain Out$ide of Dike) Councilman Breider said last spring people from Riverview Heights outside of the dike area called a number of local and state p�fic�,a�.i� ��,�i6,��,� assistance � � ' ' �� � , u �I I u � J � O ' ' � u ' [-� ' , � ' ' � � , ' ' � CJ � ' � SPECIAL PUBLIC HEARING MEETING OF JUNE 14, 1971 PAGE 7 to their flooding problem in the spring. 'I"he Council has discussed the poss�bility of Xeplacing their homes with mobile hanes, but that solution was n�t received warmly by the people. The main objection seemed to stem from the problem of getting into a mobile home park if they should have to, or want to move. The other objection was people with families did not want a trailer house. He said he has talked to the Council and these people and come to the conclusion before anything can be done on this matter, th+e people have to participate and any program cannot be forced. These people have to want help. They must realize the possibility they may have to take a slight financial loss on their property. No one c4uld give them what their house is worth, were it not in a flood plain. The Human Relations Com�aittee has discussed this and contacted these people. It is hoped their discussion will give the Council some indication whether or not this project is worth while. The second quandary was how do you establish a going rate of value. He said he asked the Acting City Manager last week to write up this letter for the purpose of finding out just what these people are asking for, by telling the City how much they want for their property. Zf their price is totally out of the picture, there would be no point in pursuing it further. There must be unanimous approval by the Council to get this pro- ject off the ground. He added this is a City pro�lem, not just a ward problem. Councilman Kelshaw asked why he felt this was a City problem. Counci Lnan Breider said that in talking with the City Eugineer it seems that as there is Ynore industrial development the drainage is passed off into this area into the Mississippi River. The area to the north also drains into this area, so the potential of flooding increases. Councilman Kelshaw said that if it is acknawledged that it is a City problem, it must also be said to be "aities" and also "state". Perhaps the County would have a hand in this also. He said that he did not feel he had enough concYete information fram the people. He suggested the Councilman meet with the people in the area or maybe setting up saae sort of a questionnaire. Counci.lman Breider said that he had met with the people a number of times. He said he has asked verbally how much they would be willing to s�ll their property for, but the point of this letter is to get.it in writing. CounciLnan Kelshaw questioned whether if this letter would go out over the Acting City Manager's signature, would that not be putting the City on the line? The City Attorney said that the City crnild make inquiries. It would not be binding, but it may convey the impression the City is doinq more thari it intends. T'he City �Attorney said that accaapanyi.nq the letter vauld be a questionnaire asking far dates when the buildings �vere built, foqtage, when the property was purchased etc. The City As�essor said that they may not have g11 tYiat information in their files. T'he last sale was made in 1967. Their records only go back to 1960. , The City Attorney felt that the letter could be a little more lengthy and give the Council position more clearly. It should state�that the Council is just gathering information, and nothing is bindinq. It is just an attempt to see if there is anythinq that can be done. , Councilman ereider said that'Whan you have a pl.an, tou have to hae'Q a dollar fiqure. '�hi� is the question naw. It would be useless to conde�nn their property. He was not sUggegtinq condemnation. This has #so be negotiated � if anything is to be accomplished. The City of course would not do anything if the dollar figure wa,� way out of line. He ielt the sugqestion by the , SPECIAL PUBLIC HEARING MEETING OF JUNE 14, 1971 PAGE 8 , City Attorney was good, and added that it was not his intent to convey to the people of Riverview Heights that the City is going to buy the property. Mayor Kirkham said that that was the main rea5on he had second thoughts about the letter. The inquiry is Councilman Breider's rather than the Councils'. The City Attoxney asked if that letter would be going only to residents not protected by the dike. Councilman Breic3er said yes, also he hoped to send it to those owning vacant property. He added there were i0 homes involved.- The City Attorney said that �he first priority would have to be those with homes there. If they cannot secure a building pertnit the value must be quite low. He added he would be happy to work with Councilman Breider on the composition of this letter. Councilman Breider said he would get together with the City Attorney and bring it back next Monday night when Councilman Harris is present. Councilman Kelshaw �uggested that the people should have to sign the questionnaire. If they name a price, it should be down in black and white with their signatures. That way they could not renege. 'Fhen the City would have something to work with. CONSIDERATION OF OPEN DITCH PROPOSED ALONG CENTRAL AVENUE ON MOORE LAKE BEACH AND PARK: The Acting City Manager said that as pointed out in the memorandum, the Parks Director originally had no objections to the open ditch, but since then has changed his mind and would like cost estimates for piping the water. Councilman Liebl questioned how long Moore Lake Beach could be maintained in a proper and healthy candition. The City Engineer said that as far as the beach is concerned, there is a two- fold problem. The first is the constant filling of the lake. Water from the drainage districts brings in dirt and silt which settles. There is also the bog along the shores of the lake. There has been some money spent in reclaiming the lake. The second problem is the pollutants and health problem. He felt that with proper drainage systems and the elimination of too much fertilizer used on �he lawns, with control exercissd, the lake can be maintained for some time.� Councilman Liebl said that if the lake could be maintained for another 10 years, there should not be a ditch as a ditch is unsightly and hard to maintain. He would feel it would be justifiable to put in the pipe. If the City shouid have to close the lake for health reasons, the pipe would not be justified. Ttiere has already been a lot of money spent on this beach and he felt that if it could be kept for another 10 yeara, fine. Councilman Kelshaw asked why a diteh was needed. The City Enqineer said it was to bring the surface water froan Gardena. 3'his would act as an overflaw. 'Ther� is a pipe that carriea t�he water moet osf the time. The swale would work in heavy rain conditions. The guestion before the Council is whether the cost of about $7,000 for a closed pipe is justifiable. He said his depart- mc�nt recaaaaended the swale and have prepared plana. Now the Parks Director has ha�d second thoughts on it, so it might be advisable to discuss this fu�ther. The ditch xould have a alope of 4 to 1 with a width of 25 feet and the depth would be about 4�eet. This would�make a very gentle slope. Council- man Kelahaw said that the Parks Director mentioned a danqerous situation. �I ' C ' � � I _� , J ' ' C1 ' ' � �� � ' , ' ' � � J , L� L_J �I, � � � ' ' ' � , PAGE 9 SPECIAL PUBLIC HEARING MF�ETING OF JUNE 14, 1971 Where is the d��ngex? The City Engineer said that he was concerned wi.th the children running around. Councilman Kelshaw pointed out that there were slopes and curves in Commons Park that were not considered danqerous. He added that with that slope, it could be mawed and maintained with no difficulty. Councilman Breider comauented that when discussinq Locke Lake the figures were astronomical as far as dredging was concerned. As long as the Aaministration is looking into the cost of the ditch, they should also probably make up a potential cost analysis to compare the costs with that of a mounicipal pool. The City Enqineer said that Locke Lake is much smaller than Moore Lake and the amount of drainage is substantially less for Moore Lake than in the Rice Creek Watershed District. The District takes in over 29 canmunities. The City Attorney said, speaking as a resident, that the development of recreational facilities such as swings, tennis courts, etc. along with the parking lot make Moore Lake something that the City would want to keep if only for aesthetics. Councilman Breider asked how much has been spent in dredging. Z'he City Engineer said that he thought about $4500. Mayor Kirkham said that the swimaning area has not been dredged and for 10 years it has not changed. Councilman Breider asked how long before it would haveWant d oelive withn• The City Enqineer said that would depend on what they CounciLaan Breider asked how the water is monitored. The City Engineer said the Health Inspector make regular inspections. Mayor Kirkham said that the quality has actually improved. There was a time when the lake got drainage from septic tanks, but with the iaQroved ut�obably,duelt theHighwayrected. The Health Inspector has found �re salt, P er to the health. Department using salt on T.H. #65. This is not a dang The coliform count is within the limits set by the state. The City Engineer said that there is certainly a need fox constant surveillance of the lake. The facsl�a � inq thetHighwaynDepartu►ente osuse�lessnsaltgshould storm sewer system g help to maintain the facility. Mr, Richard Harris suggested the feasibility of using holding ponds• �ey would hold the water at storm times and it could be controlled when it is let out. This would also allow the silt to settle. TheY � but�nobody be attractive. Mayor Kirkham camaented that they may be 9 wants them nea►r where they live. MOTION by Councila�asi Liebl to zeturn this item baak to the Administration and ask � on�a voicebvote�allt�ing aye,eMayor•Kirkhamddeclar d the mo ion Kelshaw. Up carried. Cp�NIMIIidICATIONS :_ A� MINNESO`TA HIGHWAY DEPT.: GIVING PF•RN1ISvION FOR THE T.H. #47 SLIP-OFF , OPENING ACCESS AT 60TH AVENUE: , MOTZON by Councilman Kelshaw to receive� econ�cSeconded by Councilman� Highway Department dated June 3, 19'1 � o�r�� decl t�e motion Liebl. Upon !a voic� yo� � �}� �Yes � 'May x ��� carried. ° SPECIAL PUBLIC HEARING MEETING OF JUNE 14, 1971 PAGE 10 B. WYMAN SMITH: ON BEHALF OF MAX SALITERMAN REGARDING SHOREWOOD LOUNGE: MOTION by Councilman Kelshaw to receive the canmunication from Mr. Wyman Smith dated June 9, 1971 and instruct the Administration to reply indicating that the Cit� Council has already acted and feel the matter is closed. Seconded by Councilman Liebl. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried. APPOINTMII�TT : Naa►e Position Starting Date Salary Replaces Arthur M. Paulson Operations & Mainte- June 14, 1971 $718.00 Chester Swanson nance Man per mo. (Sewer Dept.) MOTION by Councilman Liebl to concur in the appoint�nent as recommended by the ' Administration. Seconded by Counci]snan Kelshaw. Upon a voice vqte, all voting aye, Mayor Kirkham declared the motion carried. ADJOURNMENT: There being no further business, Mayor Kirkham dec].ared the Special Public Heaxing Meeting of ,7une 14, 1971 adjourned at 10:00 P.M. Res ectfully submitted, `S�"_ _' Juel Mercer Secretary to the City Council Ja�k O. Kirkham Mayor �i ' I , � , , ' �'I � _i � � ' ,� C� ' ' C� ' , LJ � �� � ' CITY OF FRIDLEY BOARD OF EQUALIZATION MEETING WEDNESDAY, JUNE 16, 1971 Mayor Pro Tem Liebl called the Board of Equalization Meeting to order at 8:08 P.M. The Pledge of Allegiance to the Flag was spoken by all. , Roll Call was taken and those present were: Mayor Pro Tem Liebl, Councilman Brieder and Councilman Kelshaw. Those absent were: Mayor Kirkham and Councilman Harris. ' � Also present were: Lester Schwartz, County Assessor, Gerald Davis, City Manager, Marvin Brunsell, City Clerk, Mervin J. Herrmann, ' City Assessor, Leon Madsen, Chief Appraiser and Walter Mulcahy, Appraiser. ' Lester Schwartz first explained that is for 1971 new construction assessments property assessments. , the purpose of this meeting and for business personal Mayor Pro Tem Liebl then asked if there was anyone present who had a complaint to make about these assessments. ' Harold Belisle, 7801 Apex Lane, stated that there is a high water mark and a flood plain line running through his property and that he wants this to be taken into consideration in the assessment of his home. Mervin Herrmann explained that special consideration ' is given to those homes that are affected by the river. Mr. Belisle .said he felt he was not being overtaxed now, however. �J ' Francis A. Van Dan, 6342 Baker Avenue N.E., stated that�he thought his house was overvalued and that his 1971 tax is too high. Mr. Schwartz said that he �could file for an abatement through the Anoka County Assessor's Office and he explained the abatement proce- dures. • Winton Knapton, 6200 Carol Drive N.E., asked if he was being , taxed for personal property in his home. Mr. Schwartz said no, that they assess only business personal property. ' There being no further complaints, Councilman Kelshaw made a motion to close the meeting. Councilman Brieder seconded the motion and the meeting was adjourned at 8:40 P.M. ' � � Respectfully submitted, : ;��S���t.o�n.i -�LJCC,�r��-L� Sharon Waldstein, Secretary ' ' ' ' , ' 1 ' � ' _ ' ' � ' ' , , ' � OFFICIAL NOTICE CITY OF FRIDLEY PUBLIC HEARING BEFORE THE CITY COUNCIL 0 TO WHOM IT MAY CONCERN: � Notice is hereby given that there will be a Public Hearing of the City Council of the City of Fridley in the City Hall at 6431 University Avenue Northeast on June 21, 1971 in the Council Chamber at 7:30 P.M. for the purpose of: Consideration of a rezoning request, ZOA #71-04, by Bryant Investment Company to rezone from M-2 (heavy industrial areas) to C-2 (general business areas) all that part of the SW� of the NW'� of Section 2, T-30, R-24, that lies East of a line � drawn parallel to and 600 feet West of the West right of way line of State Trunk Highway No. 47 and North of a line drawn paralTel to and 452.64 feet North of the Sbuth line of said SGA� of the Ni� of Section 2, T-30, R-24, City of Fridley, -- Minnesota. Generally located North of 81st Avenue, South of 83rd Avenue, East of proposed Main Street extended and West of University Avenue. . Anyone desiring to be heard with reference to the above matter may be heard at this time. --�'vblish: June 2, 1971 June 9, 1971 JACK 0. RIRKHAM MAYOR 1 e ZOA 4�71-04 Bryant Investment Co. Rezone from M-2 to C-2 (general business) I I' r �0��� I � ,�) I � v, I � �}�,) , F- . U , � � t, ^� o- � , ' •. : ,� i . _ . ' __ ���r��� � _ _ . J' / ` ` ' , i . Y , � � '- � .'I y ' � i� •j: .i ' � ._� ' J i �� ' � �'•., + ' � � � � ► "" y 1 � i ' q Erc/ a•.�' �J J.�h tnzs Li.�:iV, �Iy'sH� M 7�/je//t:, ��L O'�+SC�i � � a Z � � P ''.•' ' I � i ` '�a�ai���� `� ' La1 � ' � � � , � f i s 1 �.�. �.s;� .:��- — �, : I �•5 . OUTIOT 10 � Ij � y � ' '` TER.r= ', .3.-- F�RD:�'AVE.' H��: � J : � � OUTLOT 13 2I I I - i I .,... i , � � � J ounor it ; 0 � i r ,.., ,: ST••�lE�•••� . ' ' L� I `, ORDINANCE NO. ` ~ ' , ' ' ' ' ' ' ' ' ' ' ' ' � � ' � AN ORDINANCE AMENDING CHAPTER 28 OF THE CITY COUE RELATING TO THE CONTROL AIVD PREVENTION UF TREE DISEASES The City Council of the City of Fridley do ordain as follows: Chapter 28 of the Fridley City Code is hereby amended to read as follows: 28.01. The City Council of Fridley has determined that the the health of the trees within the municipal limits is threatened by fatal tree diseases. It is further determined that the loss of trees growing upon public and private property would substantially depreciate the value of property within the City and impair the safety, good order, general welfare and convenience of the public. It is declared to be the intention of the Council to control and prevent the spread of tree diseases and this ordinance is enacted for that purpose. 28.02. Subd. 1. The powers and duties of the City Forester as set forth in this ordinance are hereby conferred upon the Park Director. Subd. 2. It is the duty of the forester to coordinate, under the direction and control of the Council, all activities of the municipality relating to the control and prevention of tree diseases. He shall recommend to the Council the details of a program for the control of tree diseases, and perform the duties incident to such a program adopted by the Council. 28.03. It is the intention of the Council of Fridley to conduct a program of plant pest control pursuant to tk�e authority granted by Minnesota Statutes 1961, Section 18.022. This program is directed specificaily at the control and elimination of tree diseases, and is undertaken at the recommendation of the Com- missioner of Agriculture. The city forester shall act as coordinator between the Commissioner of Agriculture and the Council in the con- duct of this program. 28.04. Subd. l. The followin3 things are pi�blic nuisances whenever they may be found within the City of Fridley. (a) Any living or standing Elm tree or part thereof infected to any degree with the Dutch Elm disease fungus Cera- tocystis Ulmi (Buisman) Moreau or which harbors any of the elm back beetles Scolytus Multistriatus (Eichh.) or Hylurgopinus Rufipes (Marsh). _ (b) Any dead Elm tree or part thereof, including logs, branches, stumps, firewood or other Elm material from which the bark has not been removed and burned or sprayed with ari effective Elm bark beetle insecticide. (c) Any living infected to any degree w tocyrstris Fagacearum. or standing Oak tree or part thereof sease DECLARATION OF POLICY FORESTER POSITION CREATED DUTIES PROGRAM NUISANCES DECLARED ' � ' ORDINANCE NO. (d) Anp dead Oak tree or part thereof includinq logs, , branches, stumps, firewood, or other Oak material which has not been removed and burned or sprayed with an effective Oak Wilt insecticide. ' ' I� ' , ' ' (e) Any other living or standing tree or part thereof infected to any degree with tree disease as determined by the City Forester. (f) Any diseased, dead tree or part thereof including logs, branches, stumps, firewood, or other wooden material which has not been removed and burned or sprayed with an effective insecticide as determined by the City Forester. Page 2 Subd. 2. It is unlawful for any person to permit any ABATEMENT public nuisance as defined in Subdivision 1 to remain on any premises owned or controlled by him within the City of Fridley. Such nuisances may be abated in the manner prescribed by this Ordinance. 28.05. Subd. 1. Annual Inspection. The Forester shall inspect INSPECTION AND all premises and places within the City as often as practicable INVESTIGATION to determine whether any condition described in 28.04 of this Ordinance exists thereon. He shall investigate all reported incidents of diseased trees. Subd. 2. The Forester or his duly authorized agents may ENTRY ON PRIVATE � enter upon private premises at any reasonable time for the pur- PREMISES pose of carrying out any �f the duties assigned him under this Ordinance. , , , L i L� ' � Subd. 3. The Forester shall, upon finding conditions indicating disease infestation, immediately send appropriate specimens or samples to the Commissioner of Agriculture for analysis, or take such other steps for diagnosis as may be recommended by the Commissioner. Except as provided in 28.07, no action to remove infected trees or wood shall be taken until positive diagnosis of the disease has been made. 28.06. In abating the nuisances defined in 28.04, the Forester shall cause the infected tree or wood to be sprayed, removed, burned, or otherwise effectively treated so as to destroy and prevent as fully as possible the spread of tree diseases. Such abatement procedures shall be Carried out in accordance with current technical and expert opinions and plans as may be designated by the Commiasioner of Agriculture. 28.07. Subd. 1. Whenever the Forester finds with reasonable certait�ty that the infestation defined in 28.04 exists in any tree or wood in any public or private place in the City, he shall proceed as follows: DIAGNOSIS ABATEMENT OF TREE DISEASE NUISANCES PROCEDURE FOR REMOVAL OF INFECT�D TREES AND WOOD ' ' ' ' ' ' ' ' ' ' ' ' ' � � � � ' � ORDINANCE NO. (a) If the Forester finds that the danger of infesta- tion of other trees is not imminent because of dormancy, he shall noti�y the abutting property owner by certified mail that the nuisance will be abated within � specified time, not less than five days from the date of mailing of such notice. The Forester shall immediately report such action to the Council, and after the expiration of the time limited by the notice he may abate the nuisance, by: (1) Abating the nuisance as a public improvement under Minnesota Statutes, Chapter 429.101, or (2) Abating the nuisance as provided in this Subdivision._ If the Forester finds with reasonable certainty that immediate action is required to prevent the spread of the disease, he may proceed to abate the nuisance forthwith. He shall report such action immediately to the City Council and to the owner of the property where the nuisance is located. Subd. 2. Upon receipt of the Forester's report required by Subd. 1, Part A, the Council shall by resolution order the nuisance abated. Before action is taken on such resolution, the Council shall publish notice of its intention to meet to consider taking action to abate the nuisance. This notice shall be mailed to affected property owners and published once no less than one week prioX to such meeting. The notice shall state the time and place of the meeting, the streets affected, action proposed, the estimated cost of the abatement, and the proposed bases of assess- ment, if any, of costs. At such hearing or adjournment thereof, the Council shall hear property owners with reference to the scope and desirability of the proposed project. The Council shall thez'eafter adopt a resolution confirming the or�ginal resolution with such modifications as it considers desirable and provide for the doing of the work by day labor or by contract. Subd. 3. The Forester shall keep a record of the costs of abatements dpne under this section and shall report monthly to the City Clerk all work done for which assesaments are to be made stati�g and-�certifying the description of the land, lots, parcels involved and the amount chargeable to each. Subd. 4. On or before September 1 of each year the Clerk shall list the total unpaid charges for each abatement aqainst each separate lot or parcel to ehich they are attributable under this Ordinance. The Cauncil may then spread the charqea or any portion thereof against the property involved as a special assess- ment under Minnesota Statutes Sec. 429.101 and other pertinent statutes for certification to the County Auditor and collection the following year along with current taxes. Page 3 S ' � (� �� ,..,... �( e. �I 6 � �+�..�,...: ..� � � -G _.,.. � � . _ � ,......_ ; L`'� i� `v � c _ .. .f� i _i"� C � i' '�` i;' . . . ; ' � � � � i , ' _. �_. ... �, . • � . . � , . f ; _,(,"__ '__"___ ____ __" . "__'_" ._..... ..._._. _.. .. .... '" ' i .. . ._ . . , � . .. _ _�' / . 1- . 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('i�ili::Cc�. r.'SGT:FZ€: 1�.�'. �` d' i.Gt� ���'y 1���.Yi�1:�::3;;«;� iJ.r3�.��� Geni �.�.:.��n � li'1� 'ZO CGI�g �.i �.Ilt, i a'G aw;"` �. t::it �vl �' ; z 3 Li: i� �, E' ....^,,�3'�.:L.��.Cl: 4� �:I?v �fJpVf.' p�op���y, i��p�ci:ions t��zve �e��n i�,.°�u :y ��.r� c;� i:in�. i;�t�.° c�ut.id3 urvelo����nt + -ctin^ :� i�e Y�G�£.�':�ci 6C�;:E'r 's1�:���1�I.0"tl �.Xt Qi;iiw7: �O C^�d:.i��.� L',':.t:.il O:.ti G".:Ct?il.<.�k1C`'.;7 i�.-^.��.i� c,y i�pxav�mC��ts �ncl t��ai,nt�:.nebic�. �;� �^;u�t�� you co.�.� �.ete �i�e a`vlloc�in; i�en� within 20 d� ys s ],. R�rcfove aI1 laose bl<^.cl.tog ���:�h ��d d�t�3is �-ro:� tlle �a3.11 �lon� the e�s� p�op�r�y lina and 4xe4�t to �Ixe no��;lz o� t1:� builc�i.i,�. �. �iaw ancl tu�iz��air� th� ���=n h�.�� w�ca alon; �he ��3t p�.o�er�y xine. 3. Fi.�.�. �1�, c�uc'-��al€.� in e;a�.:;�in� b��ci�#:�� ����� ���� ��x l�c� a11 br4ken �G1x�i��n�. �. . 4. Prov�.de scr��nin�/fo� �li o�s�s�.c'� �icar�;o a�: x��u:�� con�aix1era. �. Seed �ntl �.�f.���t�.n p1�s,iC3.�i ;• t�x �� ci�;�ec�iy soi��h ai '�uild3.n�. If yau havc� �ny c�u���:� c���s, p3.���� fe��. f�4� to GUI7k��'�C� �e at Sfi0-3a��tl. ' - s�.riC�sC�-�jp � I�':1%��'� � .. �� ; �:9.fiy �n4�.z.n�� �l:�;i5i:i� � . i�i.�:�vi: � Chi�f P.ui�ding z��Wp�cio�' �.-,- e C �,}.'w:�':: L� 4�T� •? . .- ..� SI ( .,. I,:.t. G=3.'i.i. �.3 f'..,.-�V,E� ��-s51 .;�.n.i. . �=d.. ��t i 1.�L�.S a..i.'itJ. i`�-�i+ �i� 1�: c,t • . �.`i�.6��.E'�s �s''�.`a'._s.L:::t3i:c� J.r.•�":<s=,� (YF 41��i:_ M � '�.-.,...°.al.:: j �� �^� ���,.,� �c� �..�� s���:�^:z�-�: �.� c��= �'�, n : y, � .:�..:ua:� i'_,.: t±�e b;� �^'::x3� <�R.itd:i3�'f't'a u; C� �'+�:�i�i;� �a�'�4:% L}31 1isu�." ��.ya�ip-i�`.:.�i:�t �z5r:� 3.Y: F=r:�:� O'�L 43G w P�c-'����. ,, . ., �Y�' Ti.::i�it•.'..`.:�� *,y�Y3CL �3.i.� s.i�.�. �sif:.t,..:.3a3�...`".:i %':�.i�.'..Ia �.�`1 G'� J'�; • 3�� yau �.av� ��3' c�Z����a��� g�.��a ��:�i �Ac� t� c�x���c� �e �� 5�0-�5�. ��.r��� �:�.�r.y� ti ��ix/T:�t �`,+i�i's �r��� i;S���.T:G�.'�.' �l� �.�..�.,� �.,�,,�..�.....�: . �s; �:.i::;, S.t.`� � o ix. .,�i"� �33t.�-'� 1;'.? t�.i�":�.I`:� �a �� ^c.C�t3�` �� � ' 1 1 ' � , ORL�IN�tCE N0. AN ORDINA�TCE UNDER SECTION 12.07 OF THE CITY CHARTER TO VACATE STREETS AND ALLEYS AND TO AMEND APPENDIX C OF THE CITY CODE The Council of the City of Fridley do ordain as follows: SECTION 1. For the vacation of I�ickory-St�eet deQ�ribed asf€ollows: A11. that p�rt of Hickory Street located between Block 3 � and Block 4, Onaway Addition and bounded on the North by the South line of 79th Avenue and bounded on the South by the North line of 78th Avenue, � SECTION 2. For the vacation of an alley described as follows: Located in Block 3, Onaway Addition and bounded on the ' North by the South line of 79th Avenue and bounded on the South by the North line of 78th Avenue� , � �', All lying in the Southeast Quarter (SF3�) of Section 3, T-30a R-24, C�.ty of Fridley, County of Anoka, Minnesota� 8e and is hereby vacated. SECTION 3. The eaid Vacation has been made ia conformance with � Minnesota Statutes and pursuant to Section 12.07 of _ the City Charter and Appendix C of the Citg Code shall be so amended. � ' � PASSED $Y THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF , 1971. MAYOR - Jack 0. Kirkham ' ' ATTEST: CITY CLERK - Marvin C. 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COf N�ER , SEC. 3 , ., � P � Ae� a•K•ao �✓ �• f S�a .��Y , �►. r•c-�! Aj�. �.,lp, � / �€,< ? = � s+�+ 9/r1-�•6A �'n<i-�.•� �ei.s-r ss-P ::�f .-'��° fF' �-;a -f3 ,�t'v /- 3�re ' ' ' � ' ' ' ' ' ' , , � ' ' ' ' ' , ' � l� BUILDING STANDARDS-DSSIGN CONTROL MBBTING OF JUNE 10, 1971 The meeting was called to order by Chairman Zeglen at 8:00 P.M. 1�I�BRS PRBSBI�TT: Zeglen, Lindblad, White, Tonco MEI�IDBRS ABS$I�: Gnerre OTHERS PRESBNT: Hank Muhich - Chief Buildiag Inspector MOTION by White to approve the miautes of the May 20, 1971 meeting as written. Seconded by Lindblad. Upon a voice vote, all voting aye, the motion carried unanimously. 1. CONSIDERATION OF A REQUEST TO CONSTRUCT PRQTECT I OF AN APARTI�NT C� LOCATED ON TH�iT PORTI�1 OF THE EAST '� OF TEE SOUTHEAST '� OF SECTION LYING NOBTH OF INTS&STATE �694. FRIDLEY. MINNESOTA. (REQUEST BY VIE' INC.. 5901 OSSEO ROAD Mr. Charles Vaa Beckhout and Mr. Rick Merrill were present to present the request. Mr. Van Eeckhout stated that they will build the apartmeat complex in two parts. The first building will be 240 uaita. It will have 4 wings all leading to a central core area. They will have undergrouad garages aloag with outside parking. Mr. Tonco arrived at 8:08 P.M. The Board asked Mr. Van Eeckhout why they had changed the desiga of their apartments. He esid that with the square buildiag they had run into some problems. For one thing the center court wae a fire hazard because there was no way to get to it. Also, there was no central area in the other design. Mr. Van Beckhout stated that the central area of the building Will bold the recreational facilities. There will be a swimming pool, party r0000s, exercise roams, saunas, etc. ia this area. He also said that there will be a trash ehoot in this area which will drop the trash into an enclosed compactor. The trash will be hauled away everyday and Chere.will •be no outside trash containers. , The Board asked vhether it would be poasible to put in more than one of these compactors as it Was rather a long walk for the tanants who lived at the enda of the �ringe. The Board euggested that they look into the poasibility of getting more than one. Mr. Van Beckhout said that they would certainly check into it. He eaid that coat would be the deciding factor but that they would try to work it in. Because of the wooded area, Mr. Van Beckhout stated that they would like to have a ruetic design on the outside of the building. They plan on using natural tones in rougb cedar conatruction. They will use some brfck for decoration. There will be storage facilities on the outside � � ' . 1E� Building Standards-Design Control Meeting of June 10, 1971 Page 2 vs the balconies so that the balconies won't be cluttered with things. He said that the apartment buildings will carry out the same design as the townhouses. The Board stated that normally there is a requirement of 5� brick on � all apartment buildings. However, they felt that in this iastance they would waive this requirement so that the design of the entire project could be carried throughout. � ' �J � ' ' ' � ' ' ' 1 1 � , It was also stated that a landscape plan would hade to be submitted before the final grading of the land for the apartment and prior to the issuance of a permit on the second building. Also, that the drainage would be worked out with the Engineering Department. MOTION by Lindblad to reco�end approval of a building permit subject to the notations marked in red on the plans including the following stipulations: 1. That the 50�% brick requirement be waived, ao that the apartment buildings will keep Wtth the design of the proposed townhouses for thf� same projacte -•.. � 2. That a landscape plan be submitted before the final grading of the land for the apartment and prior to the issuance of a permit on the secoad building. This plan will also show the curbing and the parkiag spaces marked. 3. A minimum 10' radius will be required on all entries and exits. 4. That all drainage be worked out with the Engineering Department. 5. That there be poured concrete curbing arouad all blacktop areas, Seconded by iihite. Upon a voice vote, all voting aye, the motion carried unanimously. 2. CONSIDSRATION OF A RBQUEST TO BBBCT A CANOPY LOCATSD 0� LOT 3, BLOCR 1, C. D. H[1TCHINSON ADDITION. THS SA1rB BEIPG 7429 BAST BIVSB LOiAD, FRIDLEY Mr. Duffy was present to preseat the request. Mr. Duffy stated that the canopy will be 80' x 28'. It will cover 16 atalls. There �+ill be two rows of florescent lights uaderneath the canopy. The canopy will have a flat roof. The Board asked Mr. Duffy if he would have any type of dividers to aeparate the two rows of care. Mr. Duffy said ti�at they had aot plaaned an it becauae the apeakers are on the posts so the cars sutomatically line up with theae. The Board found in going through the plans that there were two different ' ' � ��� LJ u � � , ' ' 3. . � �' Building Standards-Design Control Meeting of June 10, 1971 Page 3 types of canopies shown. They asked Mr. Duffy to state which one he plaaned to use. Mr. Duffy stated that they would be using Drawiag #0845. Mr. Duffy was also informed that the contractor must be licensed. Also, that everything shown on his plot plan must be completed aloag with the construction of the canopy. MOTION by Tonco to recomuaend approval to construct a canopy as shown on Drawing �0845 and including the.following stipulation: 1. That everything shown oa the original plot plan be completed along with the construction of the canopy. Seconded by White. Upon a voice vote, all voting aye, the motion carried unanimously. . CONSIDBRATION OF A REQUEST TO CONSTRUCT AN APARTMENT BUILDING LOCATED ON LOTS 1-6, BLOCK 1, CARLSON'S SUNIlrIIT MANOR ANNER ZND ADDITIOP, THE SAME BEING 5149 THIRD STRBET N.E , FRIDLEY, MIPNESOTA. (REQUEST BY BRIGHTON INVESTI�:NT COMPANY. 1202 PIKE LAKE DRIVE, NEW BRIGHTON, MIPNESOTA.) Mr. Lloyd Brandt and Mr. Drew Scherer were present to present the request. Mr Muhich told the Board that this plan was approved before in 1967 but that it must be brought before the Board again because of the many changes in the code since then. Mr. Brandt stated that the building will be all face brick with a maasard roof. There will be single stall garages and they are deleting the mansard roof fram the garage plan. Mr. Tonco suggested deleting the garagc plans from the discussion because � of the many changes in them and suggested that they draw up new plaas and submit them at a later date. The rest of the Board coacurred with this suggestion. , ' �I A acale model of the building showed the building with.two entraaces on the front projecting from the building. Ttiis was designed so they could have a double door security aystem. It was stated that the building setback is 35' from the front. With the entrances projecting from the building, they would not meet this require- ment. They were told that they would either have to change their design or go to the Board of Appeals for a variance. � � Mr. Brandt stated that they did not want to wait the additional time to go for a variance. He said that perhaps they could make the entrances flueh with the building in order to meet the setback requirement. � � , The Board stated that perhaps it would be better if they Would bring in a new set of plans ahaviag all the changes and bringing them up to the preaent codes. They eaid that they would hold a special meetiag on June 17 if they could get the plans redrawn and submitted to the Building Inspection Department by Wednesday, June 16. Theq told them that so�e �� ' ' � ' � � i ' � � � � ' ' r � � ' � 1�� Building Standards Aesign Control Meeting of June 10, 1971 PaB� �+ of the things that would have to be shown would be poured concrete curb around all blacktop areas and a minimum 10' radius an all entries and exits. All parking spaces must also be marked. Mr. Braadt and Mr. Scherer stated that they felt they could get the plans redrawn and resubmitted by that time. MOTION by Tonco to table the request until June 17 or until the plans could be redrawn and resubmitted. Seconded by White. Upon a voice vote, all voting aye, the motion carried unanimously. Mr. White left the meeting at 9:50 P.M. 4. CONSIDERATION OF A LOCATED ON LOTS 1 , N.B UBST TO CONSTRUCT A 3 STALL GABAGB F0� A FOUR" 2 BLOCR 7 HYDE PARR THE SAIrII: BEIPG 6060 - 2 trIIHI�ESOTA. (RBQUEST BY_R J. BAUMAN, 6061 - 2N Mr. Bauman was present to present the request. irir. Bauman stated that at the present time there wasn't any landscapiag around the buildiag. There is no blacktop area for parking either so he would like to put in a 3 stall garage to eliminate some of the parking problems. Also shown were 5 blacktop parking spaces. Mr. Bauman said that originally he had planned to put in just the garage but after submitting his plan to the Building Inepeotion Department, he was told of the land- scaping requirements, parking requirements, etc. He eaid that in order to defray the coat of the improvements that would be required if he added the garages, he would like to add another unit to the property. Se stated that, otherwise, it would not be financially feasible for him to mRke these improvements to the property. He eaid he vaats to make these improvements but with the small amouttt of rent he would get for the garages, it just wouldn t be poesible. Mr. Muhich stated that the property did not meet the square footage requirement for another unit to be added. The Board stated that they could not give Mr. Bauman a reco�nendatian for approval on placing another unit on the property because it did not meet the requirementa. However, they said they could act on the original plan as first aubmitted to the Board. MOTION by Tonco to approve the general concept of the plana submitted. Seconded by Lindblad. Upoa a voice vote, all voting aye, the motion carried unanimouslq. ' � 5. ' � � � i � IJ � � ' � � � � � ' 1 �:7 a Building Standards-Design Control Meeting of June 10, 1971 Page 5 CONSIDERATION OF A REQUEST TO CONSTRUCT A FOOD STORE LOCATED ON LOT 5� _� _ . _ _ _____.. . �.. .......,.. R� TA1T Q�TTt 4' MINNESOTA 55431.) Mr. Chuck West was present to present the request. Mr. West stated that their lot was 305' and at this time they will be building on about half of it. They will be putting in a P.D.Q. Food Store along with 2 rental units. Three sides of the building will be brick and the back wall will be break-off block which will be painted. The building wi11 have a mansard roof with asbestos shingles. There will be fire stops between each of the units. The Board asked Mr. West if they had any plans for security lighting. He said that they would have two spot lights in the back of the building over the two back doors and then the lighting from the front of the building will light up .the entire front area. Also the store will be open 24 hours and all deliveries will be made at the front of the store. Mr. Muhich stated that the Engineering Department had mentioned that they would lilce to see some outside lighting to compliment the landscaping. Mr. West said the lighting he had mentioued was the standard lighting for all P.D.Q. Stores and that the front lighting on the building did light up the entire area, fle said he could see no point in adding any lights it1 the landscaping area. The Board told Mr. West that he would have to have poured concrete curbiag 'around all blacktop areas and also a minimum 10' radius on all entries and exits. These changes were made on the plans. They also told him that signs were not a part of this permit. They also said that they would like to have something to keep the cars from parking in the area not to be used at this time. They also wanted some type of security feacing along the back side of the building. The Board asked Mr. West wi�at plans they had for trash removal. Mr. West said that they are going to be putting in a pollution free gas iacineratox. The Board asked if the rental uaite would use the incinarator also and what would happen if they just threw their trash out the back door and didn't carry it to the incinerator. Mr. West stated that P.D.Q. was responsible for the maintenance of the enCira buildiag and problems like these were handled in the leases. The Soaxd stated that should a problem arise with the outside storage of refuse, screeniag would be required. Mi0TI0N by Tonco to recoamend aDproval o� a building permit subject to Che changes marked on the plana including the following stipulations; ' � � � ��� Building Standards-Design Control Meeting of June 1Q, 1971 Page 6 r1. That there be poured concrete curbing arouad all blacktop areas and also a minimum 10' radius on all entries and exits. , 2. That there be some type of barrier to keep the cars from parking in the area not to be used at this time. I 3. That should a problem arise with the outside storage of refuse, screening would be required. Secoaded by Lindblad. Upon a voice vote, all voting aye, the motion ' carried unaaimously. AD.TOLiRNMENT • � The meeting•was adjourned by Chairman Zeglen at 11:05 P.M. ' Respectfully submitted, ��A�.�P C�.�..�� ' CAxOL CHUDER Secretary , � � i � t I 1 0 � � 0 ' ' , I ' , 1. � ' � � , i , ' � ' , � � � �� BUILDING STAI�ARDS-DESIGN COITrROL 1�ETING OF JUNB 17, 1971 The meeting was called to order by Acting Chairman Tonco at 8:00 P.M. I�1�BRS P�ESENT: Lindblad, White, Tonco 1��ERS ABSENT: Zeglen, Gnerre OTHERS PRESBNT: Hank Muhich - Chief Building Inspector MOTION by White to dispense with the approval of the minutes of the last meeting until the next regular meeting. Seconded by Lindblad. unanimously. A S N.E DRI Upon a voice vote, all voting aye, the motion carried ' TO CONSTRUCT AN APA.RTI�NT BUILDING LOCATED ON LOTS 1-6 MANOB A1�IIdSR 2ND ADDITION TiIE SAi� BBIPG 5149 THIRD ST. invnt�vem nv RpT!!iiTAN T1Qt1RST1�NT C01�4PANY. 1202 PIRE LARB Mr. Lloyd Brandt and Mr. Drew Scherer were present to present the request. Mr. Muhich told the Board that the building has a double frontage. The front of the building will face Third Street and the back of the garages will be on University Avenue. Mr, Brandt stated that they had changed the garage plans somewhat. They will be leaving 15' between the two garage buildiags for a refuse area. They will enclose the front and back with a 6' redwood fence. There will be a gate in the frant section. There are going to be 25 single stall garages with a fire wall between every fourth garage. Mr. Brandt etated that they would have to add enclosed storage space in some of the garagea to meet the requirement of 40 square feet of storage for each unit. They are going to add 5' on the north end of the north building so they can add 4 additional storage units that will have 20 square feet each. On the south building, they will add approaimately 10' to the south end so they can add 8 addi- tional storage units with 20 aquare feet each. Theq `rill eliminate three parking spacea opposite the ead of the garage to give them the room to add on. The entire garage �,Till be rough cedar. Mr. Brandt said they had chat�ged the front entrance to project 1 foot from the building iastead of the 4' ehoWn before. They are going to have a double door security system in the front and the back door �►ill be keyed the same ae the frot�t doore. iie also stated that every place on the plans that eha+ed lath and plaeter should be cbanged to sheetrock. The Board said that the building fNoul� atill have to be aetback 35' from the etreet includiag the 1' projectiono. Mr. Muhich informed t,lrs tMtt tluy, ase required to have a licensed general contracto� to build th� apartment a� aloo s performance boad on all exterior Work. Mr. Brandt said that he wa• a�ar. of both xequirementa. fle said that the exgerior of the building would be face brick with a�aneard roof. fle aiso said that tha sideMallu by each of the drivevaya Would b� eliminated. It aas also a�eationed that the drainage would hava to be worked out Mith the Baginsering Departsent. 1 2� � ' Building Standards Design Control Meeting of June 17, 1971 pa8e 2 MpTION by White to recom�end approval of a building pernnit subject to all notatious , marked in red on the plans and the following stipulations; � ' , 1. That the front setback is 35'. 2. That all drainage be worked out with the Engineering Departmeat. 3. That new plans be submitted showing all the storage units. 4. Have poured concrete curbing around all blacktop areas and a minimum LO' radius on all entries. Seconded by Lindblad. Upon a voice vote, all voting aye, the motion carried unanimously. ADJOURNI�NT • The meeting was adjourned by Acting Chairman Tonco at 9:00 P.i�i. Sespectfully submitted, ' CARO�L CHUDBR ' Secretary , � , � �� � � ' I_] � LJ � ' ' , , , , 1. � ' ' � , , , ��� f�v � THE MINUTES OF THE BOARD OF APPEALS MEETING OF JUNE 15, 1971 The meeting was called to order by Chairman Minish at 7:36 P.M. r�ERS PRESENT: Minish, Drigana, Sondheimer, Harju r�IBERS ABSENT: Wall OTI�RS PRESENT: Clarence Belisle-Building Inspector I�UTION by Sondheimer to approve the minutes of the May 25, 1971 meeting as written. Seconded by Harju. Upon a voice vote, there being no nays, the motion carried. Chairman Minish stated to the Board the action taken by the Council on the May 25, 1971 Board iteme. Mr. Larry Vogt was present to present the requeet. Mr. Vogt presented e aketch of the lot ahowing the exiating house, garage and drivewaq locations. Mr. Vogt explained he waats to build a 16 foot by 22 foot garage, 2 f4et from the side lot line, 4 feet from the rear lot line and 8 feet behind the house. The house hat a walk out basement in the resr se the back yard is 4 feet loWer than the front yard. Thmte will be 10 rawe of blocka under the garage with 4 of theae being under ground �or froat protection. He is using the blocics under the garage instead of using fill eo the driveway Will drain taWard the street instead of draining taaard the lot behind him as it naw does. �ere will also be a block retaiaing wall on eithes side of the driveway. Mr. Vogt added there is an old garage on the back of hie lot which he intends to tear down as he does not use it as a garage and which ha consider� a hazard. Mr. Harju asked why the garage couldn't be moved further a�ay from the lot line and more behind the houee? Mr. Vogt an�wered he would lika to have a etrsight drive�ay eo he would not have ' to turn to get into tha garage. There are atapa, 42 inches wide, that come off the house toward the drivgway Which he might hit in the wintertime if he had a turn in his drive. , Mr. Vogt stated he hae a dual driveway �ith his neighbor and his neighbor is planning on building the same type of garage and in approximataly the same location. If both garagea wera built there would be 4 feet between foundations and 2 feet , between overhange. l�tr. Urigan� st�ted the Board is a�nceraad about having the two gar�ges that clo�e 1 and aeked tha applicant if the�e wae �y Wa� that he could look at this situation again to come up with anothet placement of the garage to tsy to etay within the Code. ' � ' ' � �' , , � r� � �� The Minutes of the Board of Appeals MeetinA of June 15 1971 pgge 2 Mr. Belisle stated there is a utility eaees�nt running behind the lot and if Mr. Vogt would contaCt the utility company they might permit him to build within 3 feet of the lot line so he could move his garage farther back which would give him more turning area to place his garage further behind his house and away fram the side lot line. MOTION by Harju to close the public hearing. Seconded by Sondheimer. Upon a voice vote, there being no nays, the motion carried unanimously. 1�DTION by Harju to table thia request indefinitely to allow the applicant time ' to go over his plans again to try and come up with a plan that vould come closer to the Code require�ents. , ' L� , ' r ' ' ' ' � ' � Seconded by Sondheimer. Upon a vo3c e vote, there being no naye, the motion carried unanimously. 2. A RF�,UEST FOR A VARIANCE OF SECTION 45_053 �4B,.SUBPARAGRAPH 3. FRII�.EY CITY CODE, ------- „ ,,.,,,.. c �o•n m.. i upsrm �rn OF A C,ARAGE ON I.A,NE E N. Mr. Verlan Edwards was present to present the requeat. Mr. Edwards presented a copy of the plat shawing the location of the houaes on the lots and also a drawing of the dwelling with the proposed addition added. Mr. Ec�wards stated he wants to pueh the existing garage wal: out 6 feet Which would give him a 20 foot wide garage. Zhe exiating house ie not parallel with the lot line so the variance ia only needed on the front of the addition which will be 4.22 feet from the line. 1he back of the addition will be S.0 feet from the line. Zlie houae on the adjoining lot ia 14 feet from the line so there will be an excass of 15 feat betwcen structurea. The addition will have the saa�e roof linea as the house and will be flush with the housa. IrDTION by D�lgana to cloae the public hearing. Seconded by Sondheimer. Upon a voice vote, there being no nays, the motion carried unanim�ualy. I�TIOiN by Drigans to recommand approval of tha requeett�?.�hs Council for tha following reaaone: 1. The awner wanto to imprave hi8 property by changing from a 1 car to a 2 car garage. 2. The hardehip is tha lot line is not �ymatrical to tha conatruction of tha dWalling and therafore a variance i• nacaseary. Seconded by Harju. Upon a voice vote, there being no nays. tha motion carried una�imoue�y. ' ' 3. , � ' ' , � � � ' , � , , � � �� The Minutes of the Board of Appeals Meeting of June 15, 1971 PaSe 3 Mr. Howaxd Beaver and Mr. Bob Nemer were present to present the request. They stated the propoaed sign ia the new logo that all the Leib's storea have changed or are changing to. The new mold for this sign has cost them a lot of money to have made and they would like to use it on this store. The new sign is 11 feet 4 inches wide and 6 feet 9 inches high. It has a 4 foot 6 inch unit it it. The name "Leib's" is the only copy on the sign. The letters will be black with a white background and a black strip around the outside. It has an epoxy rock finish on the white background. It will be a single face sign, illuminated from the back with 11-62 inch high output fluv�eeee�t �a. This is the standard tube used in this area because of the cold weather. The Board aeked if the other stores in the ahopping center had been informed about this sign. Mr. Nemer answered the manager of the Leib's store had conferred with the managere of the other atores and all were in agreemment with tha eiga. He added they have changed all their boxes and bags to carry this same logo so all their advertising will tie in together. Mr. Harju a8ked if the frame for the sign is necessary as this is what takes the sign aver the squa.re footage requireaeent. Mr. Beaves answered that when a company spende a lot of money to get its na�e up they want a sign that aeathically looks good but that doesn't really look like just a sign. He added this aign will be centered over the door and will be mounted on the brick wall but will not axtend over the wall more than 1 inch. This 1 inch would be to prevent ice build up. Mr. Sondheimer asked if the exiating sign "Stors for Women" would be remaved? Mr. Nemer said that it would be removad. I�TION tij Sotadheimer to close the public hearing. Seconded by Harju. Upon a voice vote, there baing no naya, the motion carried un�ni,mous ly . M��ION by Harju to recoamend to the Council appraval of the request for the following raasone: 1. Because of tha hardahip that Would ba caused bq not using tha standard sign whi.ch t�ould be of economic value to th�. ' . 2. The variance taqussted ia only 6 equara �set mure tha� ths existing sign. � , ' ' , 4. ' ' _. ,. �.� The Minutes of the Board of Appeals Meeting of June 15, 1971 Pat�e 4 The Board does want to stipulate the sign be placed as low as possible but still maintain the 4 inches from the canopy. Seconded by Drigans. Upon a voice vote, there being no nays, the mation carried unanimoualy. Mr. Ray Nelson and Mr. Pauerman of Bond Builders were present to present the request. Mr. Pauerman stated they a re asking for a 1.1 foot variance so the awner can have , an attached double garage. The garage will be 21.5 feet by 24 feet. This is the emallest i,n width that they caa build the garage, and still be able to get out of the cars, becauee of the stoop which extends out approximately 42 inches and ' which is 3 risers high. To build the garage back farther would mean uaing a lot of fill because of the steep slope to the back yaxd. He added ther� will still be 15 feet between structures if the variance was granted. .. � � � ' r � , � � � � Mr. Nelson said the neighbor to the West, Mr. Barta, hae written a letter of "No Objection" to the variance. This letter wae submitted with the application for the variance and was in the file. Mr. Nelson added Mr. Barta was granted a variance on April 30, 1969 to build the identical garage. I�TION by Drigans to close the public hearing. Seconded by Harju. Upon a voice vote, there being no nays, the motion carried unanimously. MUTION by Sondheimer to recomaend to the Council approval of the request for the follo�wing reseons: 1. There exists a hardship because of the sloping grade taward the North and West in tiie back yard. 2. BecauBe of the existing stoop ar�angeaeent on the house. 3. The neighbor to the West re¢eived a similar variance on Apsil 30, 1969. Seconded by Harju. Upon a voice vote, there baing no nay�, the motion carried. ADJOURI�II�NT : The maeting was adjournad at 8:50 P.M. by Chairman Minish Respectfully eubmitted, 0 MARY HI Secretary i t y) � li t t . ���_5r� ��' � z J � �o.c' ".I M� � / 0. 9 . �r4. 9 �' .,. .. . r b � � �- _ �r�r' i �O o' , _ _ _ __ � � ; N � h /U,/Z' /O.Q% � M K. 0 s ; � � ; � .d, ti ! M � iv,31 1 ?� �� '� ;� - `-� ---_ n h .4 2e.z� � , �• •.- � ,..� Iz.i �/ L` y S� b' 21.36 � i�.39 �� a /o.f9 i 24 /i.o� /� 33 � /0 + L�r 9 ,Co� � Lor 7 L_. __._�_ �o,o'_._.__.____ � go, a'_ _-- _ ' Sa,.4,�sT�a�+�s C��u,cr ��v,f,r,.� /3.c d c c' � F,ten, Sa,tv: y � 1� F. r, T���rs•N ,�[,a N O su rt I/E y e,t M � NN, �f c, No, �Goo 2� �T.H, C,�i �/7/ .� L.r1: i r� riLUl:i� � SURVEX FOR � . .� � ' � � �. ;, � ��� ���, , . ; ` � ;� > ' �' . � .. � : . , �� �.- : _ � � -- - - -- � l ;� �. � �� � � � �W�iIVS'1'ttU:.� ..U...t AUUlIi�. RAY N�LSO',J 2 � 13:i5 - 53rd AVEtiUE iv.E. � i �r '� � Vy r - �1 � � �� `` 1 ry `� 'j -._-___._�' r�'�` f � � � . 3 i <.�-------_-- ------ � .;---- _ . - U �p l� ( r; w �" _ �y� � �•�« . ,; ,- — ��% � �,/�� `' . - _/ I '; � �,'� ,`�:; � J :"�� . . � N: Lot 7 Block 2 in Swanstro� Court Addition in Fridley� MinA�sota. DE3CRIPTIO 1 , � w ;_r�.� I bereby certi#y that this survey was made under nry direct supervision and that � ata ' a duly authorized Registered Land.Surveyor under the laws of the State of riinnesottt. �� , , . �. ' Date: Hey 27, 19�1 Wiiiiam S. Loy�� R.L.3. Hinn. Reg. Np. 6787 1 �J � ' PLANNING COI�Il�ICSSION MEETING JUNE 9, 1971 2� PAGE 1 The meeting was called to order at 8:00 P.M. by Chairaan Erickson. ROLL CALL" Members Present: Minish, Zeglen, Erickson, Fitzpatrick, Schmedeke. , M�nbers Absent: None Others Present: Darrel Clark, Engineering Assistant ' � ORDER OF AGENDA: Chairman suggested the follo�wing revision of the Agenda: Item �3 to be moved up to Item �1 With �1, �2 and #4 following ia that order. APpROVE PLANNING CAM`iISSION MINUTES: MAY _1_9, 1971 � �TI� by Zeglen, seconded by Minish, that the Planning Carnmission m3nutes of May 19, 1971 be approved. Upon a voice vote, a11 voting aye, the �tion carried unanim�usly. ' RECEIVE PLATS & SUBDIVISIONS-STREETS 6 UTILITIES SUBCOI��LTTEE MLNUTES: MAY 19. 1971 MOTIOIV by Scinnedeke, seconded by Fitzpatrick, that the minutes of the � Plats 6 Subdiv3sions-Streets 6 Utilities S�ubcommittee meetin9 of May 19, 1971 be re�eived. Upan a voice vote, all vo ting aye, the motion carried unentmously. , �� , , � � i � CI � RECEIVE PLATS & SUBDIVISIONS-STREETS & UTILITIES SIIBC�ffiT18E MINUTE3t JUNE 2� 1971 � 1�'�'1'ION by Schmedeke, seconded by Fitzpatrick, that the Planning ConQUtssion receive the minutes of the Plats & Subdivisions-Streets E Utilities Subcoa►aiittee a�seting of June 2, 1971. Upon a voice vote, all rroting aye, the motion carrled unanimously. xBCEIVE PARKS & REC88LTIODI .COrIl�IISSIODT LfLNUTFS: _ AP_RIL 26, 1971 MOTION by Fi tsp�ttr3cx, seconded by Scbwsd�lte. tisat the Planning Comniaa�on receive the stinutes of the Parks � Recreatiatt Co�nmissian seeting of 11pri1 26, 1971. Upon a v�e�ce vote, all �roting aye, the nbt�o,n oarried unanimoe�sl9 • BECEIVE BUILDI�iG ST�DiDARDB-DESIGN CONT�Oa. 1�UTS5 s MAY 20 , 1971 1MOTIO,N by Zeglen, s�nded by Fltzpatrick, that the Planning Coam�ission receiv�e the minute� of the Building Standards-Dssign Caatrol mQeting of 1�lay Z0, 1971. Upon a voica vote. a21 votiAg aye, the a�otioa� carried unainimoetsly- . 1tECEi_BOAxD OF APPEALS AIIIQUTES: MAY 25. 1971 ,MOTION by 9ltiaish, aeconded by =egl�a. that the P1an�Iug Gammfssian rwceire tbe minute�s of the Boaz�d. of Appeals a�seting of �ay 25, 1971. Upan a v�oiae vote, a11 voting aye, the eiottan carried uaanimously. 1 � ` Pae2 Plannin Commission Meetin - June 9 1971 1. CONTINUEDt POLICY REGARDING FUTURE DEVELOPMENT OF GAS STATIONS: . 2� The Chairman explained the purpose of the changes in the ordinance relating , to Specia]. Use Permits is to enable the Planning Commission and City to stxengthen the requixements for a Special Use Permit and give the City Council iveeCouncill ov�r issuing a permit for whatever use is requested. It would g �, some general grntal toothefhealth,hwelfare,tsafety,yetcnsofethe peoplee of the request detrime , � L_ .1 ' � ' '� Mr. Minish, referring to 45.191, sugg ested the following change: "--- the proxi.mity of a S� ocatedson theesame premises or ontother landsuimmediatelydy in exiatence and 1 close by". He continued to also add after "--- or on any adjoining roads, the total number of similar uses within the City". MQTION by Minish, seconded by Schmedeke, that tl�e Planning Co�nission recom- me.iid to the Council amendingSection 45.19 of the Ordinance to read as„whethez' b� pBter Hez'lofsky with the changes as indicated in 45.191 teplacing ox not a similar use is already in existence and located on the same px'emises or on othex lands immediately close by" with "the proxi mity of a simi.laz use" and adding after "or on any adjoining road" the following "the total number of gimflar uses within the City". Upon a voice vote, alI voting aye, the motion carried unan.imously. � ge#exx�.ng to Section 45.101, Permitted Uses with Special Use Peratit in C-2 and C--2S Diatricts: Automobile Service Stations: The firs� sentence should read a� follows: "If a S ecial Use Permit is ranted the followi.n �-�i1°�e�exal^ tions should be met,in order to protect the pub].ic health, safet and g w�l�are' . : � Z'h� Com�ission�aac�id�dtsuitablet with�minorralterations, toebe�us di�or a ' deletion should be �ea$onable variety-of permitted uses". � ' � , - Mr. Ridgeway 38�e tPe�itted and it w tveryt scceptablehto �h��Ved a copy �of Sec��on 45.101, Us s 1MDT�ON by Fitzpatrick, seconded by 1Hinish, that the Planning C��ss�on recommend to Council the approval of the additions to the Zoning Code Section �5.101, 3E amended a� follows: Under Autamobile Service Stations. the first sentence should read "If a Special Use Permit is granted, the following mir�imum conditions should be met in order to rotect the ub1�c health, safet and - - r� 10 delete "and suitable, with minor alterat�,ons, tp be used fax'e , and in Item , for a reasonable variety of p �ye, the motion carried unani tted uses". Upon a voice vote, y• �� �pUBLIC HEARING: REZONING RE UEST ZOA �71-04 BRYAN'r tnv��lr,�►�L ��., � WILLIAM BARBUSH: Area bounded on North by 83rd Avenue, on the South by Slst Avenue, o�uehto betrezonednfrom Mt2eto Ca2d(8eneral business�areas). �` University Aven ' , 1 ' ' LJ � .� � ' ' ' �I � ' ' ' ' 3� PlanninA Commission Meeting - June 9, 1971 Paste 3 M4TION by Schmedeke, seconded by F�tzpatrick, tha� the r�ad�ng of th� Fub1iG Hear3ng Notice be waived :Eor the rezoning request, ZOA #71-04, Bryanit Tnvestment Cc�mpany. ppon a voice vote, all voting aye, the motion cz�rried unanimously- Mr. William Barbush was present. Referring to a land survey dated Aecember 19, 1969, Reg. No. k427, Mr. Barbush pointed out Parcel,a A, B and C. iie was re- qu�ating rezoning on the front 600 feet of Parcels R and C from M-2 to C-2• The reques� did not include Parcel A where the golf range is. He said he had am inquiry fram a competitive suto dealer. Thi� was just in the talking stage. He felt the land would be more saleable if it were zoned before ae111ng so that a buyer would know what he could build there. He said the front half of the land would be C-2 and the half to the West industrial. Mr. Erickson asked Mr. Barbush if they had had-aay other propos�tla for the� p�'operty at this time. Mr. Barbuah said they had nothtag other than the possibil.itq of building eome industria]. on the lndustrial property. Mr, Bazbush sai.d he awned the property for many years and was uaable to get a buyer for induetrial. zoning, but had aom�e auccssa in selling uads�' co�ea�ercial. He f�lt they should rezone and then sell. Ia view of the fact that there would be a big commercial deve3.opment going up ir� the North, it would be more practi- cal, �roaa �ridleq's point of view, �a have the sam� kind of development along Tlaivereity Avenue siad lar to what you see arouud Bxookdale. This would be Fridl�ey�� opportualty �o develop along with it. He had talked with Itoger Joaes, but h1s pl�na are ir►de�inite. Chalrman Erick.soA reminded Mr.. Barbu�h that, evea if he got the+ rezoniag, he would still have to get aaother special use permit to aell to another suta- mobile agency, Mr. Schmedeke referred to the rezonin� of the property being developed by Viking, �nc. and the rezoning request by Mx. Barbuah, saying he did not pbject to'the rezoning in that area along the main service road,, It had always been his opini.on that T.H. �47 was the Main flighwaq through Pridley. Ais questlo� was how to get wAter and sewer in without the less valuable property Co the Weet beaz�ng the brunt of the bill aad aith a goseible loss o� land in back Caxe$. Iie hoPed this Cqmaisslon would aak for the sewer aad Water to go dvwa T.H* �47 because he felt i� Wa� the property most able to pay. H� feit that C-2 px'obablq woald be the zaning that would go along the highr+ay. Ae not�.ced �here were kWo l�oopbacks on the �ropased map. He wondered 1� the loopbacks rrould bG pet�aAent or j us t tempor�ry . ' Mr. �'it�ck sp�d about the statua of the-proposed streeta. Darrel Clark amswexed at the atreet layoui has been adopted. Tbe loapbacks are uu-- settled. The Cit,y ha$ dedications for Main Street. 81et aad 83rd Avenuea. $3xd � aad 8�et Avenues httve G�'OS9over8 and 79th has no csossover. There 1s a pral�.miA- ary repor� of Water. and Se�er for the whole area prepared by CQm�etock 6 Dav�.s. The heari,ng will be �n the near future. These axe prelimi.na�cy p�.ane only. ' ' u M�'. Sarbuah added th�t aater is in 83rd Avenvta and the East ei.de of Uaivai'sitr. 1�TZOeI by F.ita�atrick. �ssconded b� So�imedeke, that the Pleuinins Cami,srs.tan cont�tnu� fi.tie rezouing z�eqveat, Z� N71-04, by Bryewt Znve�t�ent Campa�riy and be put o�a �he Agendet �gain on July 7, 1971. vpon a Pc�F� ���� a11 vo�.ing aye, � motion ae+r,�ied un�lp��1�• , ' , . 31 Planning Cammission M�eeting - June 9, 1971 Page k ' 3. PUBLIC HEARING� RE�UEST FOR SPECIAL USE PERMIT, SP #71-08, SRELLY OIL C0. REPRESENTED BY C. W. ROLLMAN: A service station to be ccmatructed on Lot 1, Block 1, Pearson s Addition, per Sectf.on 45.101, 3E, Fridley City Code. ' ' ' ' ' 1 , ' ' ' �� ' ' � , , � Mx. R. C. Lundberg introduced himself. fle is the Research Agent o� Skelly Oil Co. Mr. C. W. Rollman, Jx. is the Conatruction I�:ngineer and Mr. D. C. Webber is of Skelly Qil. The Commisaion studied plans and pictures of the type of service station Skelly constructs. Darrel Clark said that Lincola Street goes to the South line of this site. The City will maintaiA �t, but the poseibility of the City snow p�aws gettimg out before the apartment's equipment is 50-50. The apartment co�plex wi].1 e�arid Lincoln s�reet into their awn area. Virginia T. Jacobsen, 231 79th Way: She said ehe �s the owner of a seven uait apartment buildiag. She was,against the rezaniag because the autamobiles are noisy and stink. East River Road ia pretty busy and hss a lot of noise. The ne�w �parttnent complex has a large parking area directly acrose frotn h�r unit, and adding a service aCation with all that noise, etc. wauld depreciate her propezty and make i� leas attractive to renters. There are other service station$ near emough. We have an idea, ehe said, that the future will be thinking about goad clean public transportation, which wil7. put a lot of these filling stations out af business. � Larry J. Mil].er, 7889 Pixsiood Way: His property is directly West of the pr�posed serv.Lce station. If the atation is opeaed in the evening, the light would ahine in his bedroom. Ttiere ie a Standard 0i1 station on East River Road, a Skelly stati.on about ane mile and a half aaay, and a Gulf Station dawn the road. He felt there were enough stations. A service station Would decrease the val.ue of hia hQme $nd the whole block. This Week a a►a� caaae around with a peti- �ion in favor o� the service station. $e came about 2:00 o'clock in the afteraoon and saw the houaewives. The men were not given a chance. 1�'. John Caldwell, Skelly Oil Company: He said he was the man who took the petition around. There were two people Who sigaed the petition, and after giviag it more Chought, wished to have their names deleted. The petition has 55 nRmes in favox of the conatxvctioa of a service station by Skelly. There were six reaters in Mra. Jacobson's apartment who aigaed the petitioa. About 50X of the sigaers were renters. M�'1'zON by Fitspatsiclt, seoonded .by Zeglen, t.i�tt the P1ar�ning Conmiss�on re- Ceive the Pet.ition 1Vo. 16-1971 presetited �y .7o�hri Ca24rro1Z O�t' Ske.11y Oi1 Co. Approving the grantir� ot a S,pecfal Uae Pes�it to the Skelly Oil Co�mpany fos' the oonsfiaructio�n of a service stat.aton on the Southeaist cbruQr oP �aat Rf ver .Road and 79th Way. tlpon a voice vnte, a11 voting aye, the mottoa� ca;ried unanimous.ly�, 1MOTZON by 1Mfnish, sectinded by Fitzpntrick, to receive the co�rpunication f�an the lan✓ office of Richard Fudali, subject being the ='eQuest by Skelly Oil Ca. �or a� Slvscial Use Peznit, SP #�71-OI, aad objecting to the use of ti�e c�orner of ?9ti� and Eas� River Rosd as e service atation. Upon a voice trote, a11 vo�ing aye, the motio� car�ri�d unani�ecnaly. 1 ' ' ' � ' ' ' , ' ' ' ' ' 3� Planaiast Camm�ission Meetinst - June 9, 1971 P�4 �' Mr. Caldwell introduced a building permit isaued bq the Citq of Ftidley in 1962 to the American Oil Company, and the notatioa "Renewal - 11/12/63" W�s w�ittem in the upper left haad corner. • A1 Falkenstein, 8931 York Drive: Ae said that he has awned this propeztq for about two years. He said the letter from Richaxd Fudali disturbed him, I+Ir. Fitzp atrick asked if Mr. Falkensteia had discuesed any other uae of this property other than a ga� station. Mr. Fall�.enstein said he had talked to PDQ aad other superettes last fall and both said there was not enough population to support a atore. Mr. Miaish said, with the location of the Metro S00 and Skellq Statiaa within a mile or eo, he could se� th8t; :�eeo�rAt�s� =t W�- s 8����`' location ae to reseaxch, but fros a co�auni.L7 ataadpoint, competition does mot affect the citizena. Mr. Schmedeke said he believed that the City Fatt�ers and the Engineeria� Department are atte�tiag to have some of the traffic ficrw uae University Aveaue. Peop�.e have been saying for some time that East River Road ia a trafflc haaArd aad hea�tily traveled. He would like to eee Eaat River Road a resideatial type of street. Probably a service station should not be put there, but Skally 011 cov�.d coasider oae on UAivereitq Avenue a�d 79th. Eventw�lly 79th Aveaus could be a�rosaover and the traffic could be iwaaeled to Uui�eralty Avenua a�king �� a�eeirable l.ocation for a service etation. He cantinued t�st furt�er South on Bast xiver Road there are probless with traffic. Aaother filling.station nc�w conld create more proble�s. Lot 1, Block ],� pearson's Additiva doea not fit in sqaue Mhezs Me would like the ingreas a�nd egreaa to,be;located on East River Road aad he ��lt this aould create a problaa. Darrel Clark �ecalled that in 1962 Mr. Pear�on platted si: lots along 79th Avenue end ia 1963 �ezoned them from C-2S and M-1 to �-3 �geaeral �ultiple family dwellings), The corner ].ot remained C-2S. There is nothins iA th@ platting discueaion of the Five Sanda that indicates there were specific plsna for cor- mercial. 1M�TI01� by Zeglen, se�onded by l�tintsh, thst . the Plannin9 Caa�niss�an closs the pqbli c HeariAg for a Spsc.iel Use Pezari t, SP M71-08, S1te11y Oi I Ccapany, repuce- sented .by C. N. Rollman lc�r a servjce statio� to be oonstrtactsd an Lot 1. lioak I, pe�son's 1st Addttion per Sectton 45.101, 3�, Frfdley City Code. Upan a troice vnte, s11 voting �tye, the motian carried unanfnously. ' l�r. Zeglen said that hidley is developi� apartmeat caaple�css to tbe $a�� �nd da�ping an apartment co�iplsz to the �iort4, but the as�a hara is altw�t 100X rasidaatial propQrtT a�ood Ae could not aay ttut this statian would 1�pravs ' tb� ��atral area. In viaw of the avccese or uasucceis that otbar statiaas h�d ia this area, iu vould a�ke the follvain� �tion. ' LI � MpTZQN ,by Z�2en, awcanded by Minia�i, that tlie P3anui� Ca�siuion recomwend to Ceuncil d�atal af the Special Use Pe.rAit, SP N71-08, Dy S1be11y Oil caomparly !o canstrttct a servt,ve tta��on ori Lot 2. Block 2,. Pedsosc�'s 2it �ldditton as pes r Sect:tca 45.101, 3B; rridley Gity Code. npo�n a vaive v�ote, a11 voting sye, �totyt �n ariakaan �Data�n�g. the motion currted. ' � ' ' ' 3s Planning Cammission Meeting - June 9, 1971 PaAe 6 Mr. Minish added that the Planning Co�amiasion has apent several meetings di$- cussing the general policy of gas stations. When it was laid out haw many sta- tions Frid�.ey had, it became apparent, because of the number of statione the City has aow, and requests will be coming in the future, the new ordinance considers various factors, such as location, desirability, etc. He did not think this type o� development appropriate for this area. Mr. Schmedeke said he h�d::: He said to keep opening atations with youag mQn operating them and not being able tp keep the station going uuless they had sidelines, such as a mechanic with very little.schooling, was not fair to the operator or the City. Mr. Zeglem added that he wae not against aay particular gas station, nor ' against any particular construction. This ia getting to be a densely populated area and another gas atation ia not suitable for it. This land could be used in other ways. II ' ' ' ' � ' ' ' ' ' � � 4. CONSIDERATION OF A REQUEST TO APPRpVE THE PxEI.IMINARY PLAN OF PHASE I OF A TOWNHOUSE DEVEIAPI�NT BY VIEWCON, INC.: That portion of the E'� of the SE'� of Section 24 lying North of Interstate �694. Pxesent from Viewcam, Inc. wexe Charles Vaa Eeckhout, Amrrel Farr, and David Phillips. Mr. Van Eeckhout said they have selected five lots for the single familq homes. They are located near the Matterhorn bridge. There will be five differ- ent styles and whatever deeign sells the best, will be used the moet. They havQ FHA feasibility approval, but FHA vi.11 not let them atart to build until the model homes are finished aad the plat ia finalized. M�. Farr said the m$jor street will go out to Silver Lake Road. Thia goea through New Brighton but they have not accepted the-road as qet. Hawever they Wi11 accepX the road sooner or later. Viewcan has a permit £rom Ramsey County to construct the road. They will bnild a road to tbe East up to ths Ramsey County limits and then dedicate it to Fridleq. A tesporary road vill be built until the utilities are insta,lled and then it will he aurfaced. Chairman Erickson asked whose specificatio�as �ill theq follav whea building the roade. Mr. Parr said it would be ausfaced.to l�ridley specifications. It Would have to be torn up for additional utilitiea in three or four years. They wi�,l build a aubetantial road, but not necesaarilq fully completed. The road going through New Brighton vill be a private road in the interim until it ia accepted by N�w Brighton. Mr. Van Eeckhout eaid the Citq waa good enough not to pia the�a dwa as to deneity i.n tha multiple area.becaase they recogpized a lot of things could happen in the multiple arsa. At this time theq havQ roughlq U►o thirds typical ta�� houses aad sel� third typical apartments. The concern was expressed with the siLe of single family homes. Theq will start awd�l homes before the utilitiea ate in and by the time the.regular homes sre ready, the uti�ities will be in. Subnrbaa �a�ineering le working under the dirsction of the City for the utilities. Ttiis vais •cbednled for late in Maq so the work schedule ie set back. Theq will go �head aad go through Couacil and a public.bea=iaa and get utilities completed about September and Q�tober. The tawahouees are built for sale, but if they are aot sold, would rent. Tbe electricity vill be tmdar�CAV1Ad. ' ' ' ' �� Rlannia$ Co�i.saion Meet�na - June 4, 1971 Pag� 7 Regard�.ng street patteras, Darrel Clark said they were showa an the plat. Thexe was a question regarding Hathavay Lane, but �hat street will be closed., The only requirement for Regia Lane was that the street ahawn in the plat would be offset some 150 feet. Mr. Van Eeckhout eaid the recreational building was meved. FHA suggeeted a different location be used for the 200 units and this �rill come under Ph$se II. In answex to the question of the atatus of Matterhorn Drive to Gerdens ' Avenue, Darrel Clarlc.atated that no schedule was aet. Council cennot schedule it for thie year, except for grading, as it is a State Aid Road and there axe no State Aid moniea available naw. L! �, � ' � ' ' ' �Ie continued that being the recreational facility has been taken out of Phase I� should the Planaing Com�ission approve allowing Viewcon to build aad sell without the recreational facility. Mr. Van Eeckhout said the FHA f�rawned on the proposed recreational buildi�g because each unit will be paying and suggested that it is left out altogether. There are a lot of r�creational facilities they could consider -- building ati outdoor poo-1 aad -v�ing- tha outlats _;for s�si1. garks . M�c. V� Eeckha�t said theq were not developiag landscape plans until it was decided what trees would have to be taken. If there were aay aub�tantial chaages, they would come back. He felt if there were chsnges, it would be �n a l�tes segment of the project. FHA needs local approval. Theq established in thal,r awn minde that the grades Will work. Mr, �'itzpatrick saiQ he vuderetanda that the plaas need aot be submittsd to this Comwi.ssion unle�a there is a substantial change ia coacept. 1�TIAN by Fitzpatz�ick, seconded by Schmedeke, that the Planaing Co�mnissian recoa¢nend to Counci.l the approval of the Preliminary Plan, Phase I, of the tpwnhouse deveZoproent by Viewcon� and further recoaaoend that Vie+rcan� Tnc. be g� v�en a bui 1 di ng permi t to cons truc t ei gh t model t.avrshouse un3 ts and s ub jec t to the conditions placed at the time of the rezaning which aould �Inclnde the single family fivellings and the street access throagh to Silver Lt�he Rosd. Upon a vo.ice vote, all v�o.�.ing aye, the motion carrfed unanim�asly- Mr. Van Eeckhout said t2sey would like to use a trailer houae as aa of�ice ' for the sale of single family homes until the models are built. They prob�bly tiould like to sell townhouses out of the saZea office. The trdler �+ould be parked at the end of the �atterhorn bzidge� by-tha Ftse�ay. He wae told thi� ' request would go to Co�cil. The trailer house tiould be nsed �a a te�oraty offics and co�struction activitq. i �� ' LJ ' Daxrel C1ark asked Mr. Van Eeckhout how he sold unita vithouC a plat. Mr. �1an Eecl�hout eaid they Moald aell then� off tha prelimiaary plat. The plat would be outlots. The second plat will shaa verq cloae the site plan aad Where it ahaWe a house, it will �ho�► a lot. The puschue agreement �►il� not be re- corded wtil the fauadation is in. He said Ae aould check this further. Darre� Clark said if there is no record of.the townhouse plat wtil the ' . � �� Planning,`,Commission Meeting - June 9, 1971 P8�e 8 ' last uaits and foundation is built, the new owner cannot file the deed until the plat is recorded. ' Mr. Van Eeckhout said that at the time the for.ty units are sold and built, they hope to sell the reat. ' ADJOURNMENT : Chairman Erickson adjourned the meeting.at 11:00 P.M. , ' ' I'� ' , ' ' ' ' ' ' LJ ' Respectfully suhmitted Hazel 0'Brian Recording Secretary � ' ' � ' , ' ' ' ' ' ' ' , ' ' , ' ' ' ' \ , <; ,1, i.4 V� � � � �P/ s SfC. �RN�R 36 3P �71-08 Skelly Oil Compaay by C. W. Rollman L. 1, B1. 1, Pearson's let Add. ' „�.�i�: �vl, FUUA�� JOHN J. REMES RICHAR4 H, FUpAI.I ' WILl1AM J. KEEFER LAW pFFICES Phone 789 �fr,r.�.��Li; ���jr,e�1 ��`zct��i� ' 2408 CENTRAL AVENUE N. E. MINNEAPOIIS, MINNESOTA 55418 ' June 7, 1971 ' T0: OLIVER R. ERICKSON ROBERT MINISH 6056 Woody Lane Northeast 331 Pearson Way Fridley, Minnesota 55432 Fridley, Minnesota 55432 , ' ' � ELpON SCHN�DEKE 5900 University Avenue Northeast Fridley, Minnesota 55432 GEORGE ZEGLEN 841 Rice Creek Texxace Fxidley, Minnesota 55432 "CITY MANAGER Fridley City Hall 6431 University Avenue Northeast Fxidley, Minnesota 55432 , Gentlemen: , , , , EDWARD FITZPATRICK 5273 Horizon Dxive Fridley, blinnesota 55421 MAYOR JACK 0. KIRKHAM 430 - 67th Avenue Northeast Fridley, Minnesota 55432 Subject: Request by Skelly Oil Company for Special Use Permit (SP #71-08) The undersi�:�ed and my associate are the owners of the adjoining 17 �cres of pxopex�y which abut the subject of this special use permit. Our property is zoned multiple dwelling and at the present time we have constructed on the property, 120 apartment units and anticipate the construc�ion of an additional 180 units as soon as possible. As neither myse�f r�or my associate will be able to attend the June 9, ' 1971 Planning Commission Meeting, we are writing this letter to sum- marize our thoughts in this regard. . , � ' ' � We object very strenuously to the use of the corner of 79th and East River Road as a service station. In making this objectian, we are also attempting to anticipate what the feelings and objections would be to�the possibly over 300 adults which will. be living in our apartment complex. We do not feel that a finding can be made under Section 13.02 of your oxdinance which would be £avorable to a gasoline station. �, a� / � ' Pag� Two ' ' ' � ' � ' ��l � ' ' ' ' ' , � ' �_I� June 7, 1971 We feel that the construction of a gasoline station on this corner would undoubtedly be detrimental to public health, safety and the general wel- fare �n the fqllowing specifics. 1. We believe that good community zoning planning dicta�es that with regard to "spot" type commercial lots, that it is in the best interest of the community that the commercial development thereon be of a"neighborhood" character rather than a community character. We do not feel that it is desir- able to construct a heavy commercial use such as an oil and gasoJ.ine servi.ce statipn on a piece o£ property which is completely surxounded by residential properties of various densities. 2. We £eel that regardless of how closely the lighting is regu- lated on the proposed commercial venture, that the lighting will ir�texfere with not only the use and enjoyment of oux apartments, but also of the residential homes lying directly .�aeer�it of the site and the apartments lying north of the site. w�SY" 3. We feel that however closely the buffering is regulated, an examination shows that the present filling stations in Fridley, do no�C adequately buffer from adjoining land; the wooden fences, etc., deteriorate and the whole matter becomes xather unsightly. 4. A filling sta*_ion at this particular Gorne�r, which is in other ways entix•ely residential in various densities, will consider- ably contribute to the present traffic flow and will create � safety hazard at the intersection of 79th and East River Road. S. That from a planning point of view, it is obvious to all con- cerned that thexe are a good number of service stations on East River Road already and if more service stations are per- mitted, we may very well end up with a situation such as Central Avenue Northeast in Columbia Heights from 43rd to 52nd Avenue Northeast, where there are continuous vacancies in filling sta,tions and in which the She11 Station at th,e Gc�rner of Slst and Central Avenue Northeast has been vacant for avex two years. Such vacancy creates nothing but pxoblems as far as the municipality is concerned. 6. The Skel:y Stations are no more than metal prefab buildings and ixrespective of the amount of promises with respect to buffering that wi11 be made by the Skelly officials at time � oi appearance before the Planning Commission and the Council, the end xesult will be that filling station will be no better maa.ntained than any other filling station and filling stations are historically not we11 maintained from an esthetic point of view. � ��� r-, I�� � , Page Three June 7, 1971 ' All you need do is drive into the St. Williams Catholic Church parking iot on Sunday and note th� engines az►d transmissions laying on the sod dixectly behind the fa.11ing stationo This is moxe typical than not. � We believe that the Council must protect our property and the surrounding residential properties by perm�t�ing only a commercial developmen� �o go on the coxnex of 79th and East River Road, which would be a neighboxhood ' type service c�nter for the surroundirig residential cpmmunity such as a small neighborhood grocery store. L_J CJ � ' This lettex is only intended to be a very brief summary of our strong feelings in this respect and we find it rather unfortunate that we az'e not able to attend the meeting an 3une 9, 1971 and make our feelings more express. Would appreciate vexy much a copy of the Planning Commission Minutes of June 9, 1971 and thank you very much for your attention and consideration in this regard. � �:lq , ' � , � ' ' , � � u�f"ry tru youxs, � - Richa d H. Fudali .39 ' i � i ' � , , � � ' ' ' ' � �i(} 0 Section 45.101 USES PERI�IITEU �, �-2 �General Bus�nesS)� C-�2S (General Shopping) 3. Perma.�t�d Us�s With Special tlse Permit in C-2 F� C-2S Districts If a S ecial Use Permit is ranted the followin minimum conditions should be met E, Au t om m b i 1 e � e r v i c e � t a t� i o n s -��au.�d.ed-.t.�ve-f�o1-LQ�S-nw�luuu�-c ��-s�.s� are-meyC-i.n ord�r to protect th� public health, sa�ety, and general welfare. Because of traffic hazards, noise, lioht glare at night, outdoo�' s�orage ot merchandise, indiscriminate advertizing, and other Gharactexistics of this type of business whicli are potentially detxim�ntal to aur community, these minimum standards shall be considered for autQmobi.le service stations, along with any other recommendations �h� Ci.�y may determine necessary to eliminate the particular problems i.n ach�.eving campatability with abutting an.d adjacent land uses of each izidivi.dual xec{uest: 1) The Spec�.al Use Permi.t for an automobile service station is only 6�r u�es r�ated in the definition, and any additional uses on the premiSes oth,er than those enumerated in the definition require an add�.tional Special Use Permit; examples (but not limited to these): Retaa.� sa��es of r�on-autommbile supplies, vending machines outside the building, car, truck, or trailer rentals. 2) The sta�io� wi11 comply with the regulations of the zoning di.strict �.n which it is located, especially parking requirements, landsca�ing, extexior material and screening. 3) �'he sx�tion wi11 comply with the regulations o� the sign orda�nance and buildi.ng ordinance..� 4) Ths stati.vn will comply with the licensing requirements of its gas pumps. _, ; S) The stat�on w��l no� prov�de for the out door operation of lubr�cation equipm�nt, hydraulic lifts or service pits, or the outdoor display p£ merchandise, sxcept far the outside undexground storage o£ gaso�.ine and other petroleum products, the display of petx'ol�um p_raduc�s between pumps, or the temporary d�splay of inexchandise with�.n 4�eet of the station building, is pexmitted. 6� Th� �tat�on or �arage propexty sha11 not.be used as a place o£ stoxa�s far ox depository of wxecked, abandoned, or junk�d auto- mot�a�7.es, ox for the sale or display for sale of used car�. 7) qny �eaua�red buffer ox screening area will be so constructed as � 'to obs�truct headlight beams of automobiles on the s�atior� pxoperty fr.om b�ami.ng onto adjacent residential propexty. ' �.8) All exterior ],ightin� will be so designed, placed and operated . as no� to b� a nuisance to adjacent properties. ' ' 9) If th�e station or garage is to be located in a shopping center or Qtt��x integrated deve�,opment, it wi�l be in architectuxal harmany � with th� r�s� of the center or deve7.opment, ' , , � ' ' ' , ' i 1 i� 1 1 1 1 1 1 1 1 i � `ii 10) Buildings used at automobile service stations shall be construct�d o� matexials that are compatible with the adjacent area.a.iul. ���a�-ke���,r-�-��i ���ex=���-��a-o-�s�_-t�c3-�--�sed--�e.� .,a_�.e-as�oua�-le � ay�a-���-t-�-a� -�e���ed--�r��. 11) Activities Prahibited a. �ody work , painting and major motor or major transmission repair work shal.� be prohibitzd. b. Vehicular parking is proiiibited except that owners' and employees� automobiles and a maximum of three service vehicles may be parked, and automobiles being serviced may be p�rked for a maximum period of 48 hours at any one time, � � �� 0 ,. �, � � ' � � � M�MO T0: CITY COUNCI� IFROM: MARVIN C. BRUNSELL, FINANC� DIREGTOR ' SUBJECT: STREET VENDING LICENSE - BARBARA GLOhMEN DATE: JUNE 18, 1971 ' The Health Officer has recommended the Council not approve the Street Vending License for Barbara ' Glommen. She had also asked that the insurance requirements of the ordinance be waived. � ' , � � 'J ' � � 0 , ' . �� 0 1 • � 1 APPLICATION FOR MUNICIPAL LICENSE - Standard Form ' State of Minnesota) � ) ss County of Anoka ) ' . TO THE CITY COUNCIL OF THE CITY OF FRIDLEY: ' The undersignad hereby kes application for a license to conduct the business ' f , j� _ /S' �.� -- _ -- � ' ' ' ' o. l.ocation of Businass„�;'���___,��_� ��''�. ��� Term of Licensa -'�%G�� 19�_ 7'0 �� � t, i canss Fe� S_:.Y�� . , prdinancs No. 19� The undtraignod agrees te conduct said business in accordanco with the �ppli uble laws of tho STAT� OF M�NNESOTA and tha Ordinances of THE CITY Of FRIDLEY. ' Spacial Condltions C 1 � � ' � 43 Reuipt k �� 6 `-17 Li cs�s� � Dats �' Cvr�v 9 l9 7/ ....,.�..�., , �.� , � �.^..._.. • ,� z..� ��- . 6-�G-�l �a?'�� � . ' re��. � � -�o � . L,•_ _ f. ,.• _�: •,� � .. ♦ , � � ��G-3�3� ' � � , / % ' i i I /r� ,� -'c`.: �- '� { . r ' ` `' ` ` �t � `� / `� . /'� /i t c. .�� �� �4- ' �� � , . _ 1.. . ` � . • c _ . ` � \ �. /' . . ,JC. !. J _. � � � � %/�, C / ��' ' _ `'`'. / !. . `/.. C � , / ` , r u , � ` >. � , ` '� � �r � .' ` �1 l i' !� � � , �,k%t✓ ' � � � / �� ! � �> �^�� �''� ? .i! f! t � � -Y ;' � - � ,` �t � � <_- _ � �r��.�'-� C ��-� � - G � ,-, � �--� � ; , �r��� % �� � �.,� , ������ 1 �� �';-�._�`.C�,e.o �'0"t - ' � � 1 , 1 1 1 ' _ �, ' �, ���.�-� i ; ��: �-�_�� , �� � /�'.� �:� �,v /� c:: � � ` ��c/' , . �" "� �' C�., ��--���-� �- % r �/L�(r � �`-_ �-- ,� -c?- , 4 , , �� .��, ��-�.. -- �, ��., ,���:—� c � � �, ._ �LQ_ ,� N ,,,_. � �� r + � ��� _� l �., C��-��"� �'� � �� `'�("/ - Q .,� � N1 � �� . _ �1C-�, �,�.�� E� " r C�-�-c�- , , . ( �`•'�� /�,� , ��-t u� � � . O�� �� � ^ , ���� �� � � ;� , � .�-� . �-� , 0 6 � � � � � � � �� �° �.. , . o ,�,,� � � G � � �� . �� � � C�,�c,�, �� �.�.� � c� °�0 �iy� . `� � �.t�, r —'�� ��' `�-" ,o S�� O UC� , O O �� /J�c�,�2�. ./2�G�� " � • �,u �!.t,/u�� � �/QO� a OG , o o l�� �J�� � C-c�� r � � C':c�� � S � � o o. d o , ��-� � � C� 1 �� � 1 ' ' �� ��� c . � �� 1 � ,� � � I� �� ° ' _�._- - ' II , � i ' ' ' , �1 ' �:_.% ' ,,� ,, ' ' ' ' ' , ' 16. STRE�T VENDING 16,01. Except under a license as provided herein, no person sha11 operate a v�hicle in the City of Fridley for the purpose of dispensing or vending confections or other goods directly from such v�hicle and it is unlawful for any person to vend or dispense any confec�ions or other goods directly from a vehicle without a license sp to do first being obtained, or contrary to the terms of such license. This Chapter does not apply, hawever, to any person using a vehicle for �he del�very of goods or services directly to homes or establishments when the goods are taken by the operator of the vehicle onto private property fior such delivery. (Ref. 183) , 16,02. The application for a license sha�l be made to the City and sha11 deSCribe the vehiGle or vehicles from which Such vending aperations are to be carried on, as we11 as the names and addresses of a11 persons interested in said business and its operation. The application shall also describe the �ypes of confections or other goods which are to be sold from sdid vehiCle and the areas of the Gity in which the business is praposed to be carried on. The application shall a1so set forth the names Qf ,the ir�surers providing lia�ility coverage on the vehic1e or vehicl�s to be used and the amount of the coverage carried. The application sha11 be accompanied by the annu�1 license fee, which shall be as provided herein. The li�ense shall run from-April 1 to March 31 of the following year. If an apQlication for a license is denied, the fee shall b� refunded tp the applicant. 16.03. Na person licensed under this ordinance shall carry on a vending operation upan any street or public place which is other than as provided under the terms of such license� Such aperation may be carried on only between the hours of 10:00 A.M. to 4:30 P.M., and 6:00 P.M. to 8:00 P.M. in any 'drea zoned cAmmercial or industrial, and only between the . hours o�' 1:00 P.�4. to 4:30 P.M. , and 6:30 P.P4, to 8:00 P.�I. in any area zoned residential or other than canmercial or in- dustrial. A� least ten (10) days before the comnencement of operations, the licensee shal) file with the City for approval by the City P4anager, the proposed area in which the vehicles so 1ic�nsed w�11 travel each day while within the Gity. The �; licensee sha11 at all times wfiile operating with the City use streets only as are approved within such areas; and changes 1n �he area Shall be filed with the City P�anager at least ten (10) days in advance of making any change. If the City t4anager sha11 deny use of any street within the area, the license� may appeal the ruling of the City hl�nager ta the City Council fpl^ ���,�r'- minatlon, AL no time, howevert shall the licensee oper�te his 16.03 �5 IICENSE REQUIRE��1ENTS APPLICATION ROUTES AND HOURS OF OP�RATIpN 20 ' ' ' , � '� CII ' � , ' ' ' ' , � 16.051 vehicle.on and over any street tha� is not approved. Only such streetS within the area shall be approved as minimize the danger of injury by the hazards of traffic to persons who may be cus- tomers of such vehic1e, and also as minimize traffic difficulties as may arise out of the operation of the vehicle for such purposes. A vehicl� may be licensed to operate exclusively in areas of the City zoned "Commercial" or "Industrial"; or it may be licensed to operat� exclusively in areas zoned "Residential" or Other than Comme►cial or Industria1"; or it may be licensed to operate in a11 areas pf the City� No vehicle, however, shall be oper�ted in any area of the City which is zoned different than that for a�hiGh the same is licensed. In the absence of proof to the contrary, a vehicle parked or left standing on any street or public place is deemed to be there for business operations. (Ref. 243.) ].6.04. The annua1 license fee for each such vehicle to be op�rated exclusive1y in ar�a zaned "Commercial" or "Industrial" is $1A.00. The annual 1icense f�e for each vehicle to be operated exclusiv�ly in areas zoned "Residential" vr area zoned "Qther than Comnercia) or Industrial" is $20.00. and th� annual li�ense �e� far each such vehicle to be operated throughou� the City as a whole is $3Q.00. 16.05. Every 1icen�ee shall maintdin liability insurance with respect to the operation of any vehicle used in such ,�usiness. Th� liability coverage of such insurance shall be in an amount of at least $50,Q00.00 for single injuries and at 1east $100,000.00 far each accident with respect to personal injuries, together with at.,:least $5,OOD.QO for property damage. When engaged in any vending operations the vehiGleS used shall be parked at the curb of any street upon which the vehicle stands, and the vending shall be done only at the Gurb side ofi vehicle, When the vefid7ng is carried on near an,� school or other similar place, the vehicle used shall be parked at the curb on the side of the street nearest the sGhool, or at a place next to s�ch school or other similar public place as is safe and makes it reasonably unnecessary for a customer to cross a str'eet or thoroughfare upon which there is traffic to reach Such vehicl� from the school or such other similar public place. At �11 times the Vehicle used shall be stopped and parked on1y in such a p1ace as will not obstruct or cause a hazard to traffic and which �reates no danger of injury to customers o� the vehicle. �ach shall be equipped with flashing lights on bath the front and rear of the vehic1e, � which lights shalt be clearly visible to oncoming traffic in fu11 daylight. LIC�NSE FEE SAFETY REQUIREr�ENTS '� 16.051. No vehicle used in such vending aperation in any OPERATORS -- R1ace�at whi�h there is congregated a substantial number of people or at which place there can reasonably be expected in �and about the vehicle persons ofi minor age or infirmity or disab'ility, Shdll be moved backward or in such direction as to 21 u �� � ' 1 ' ' ' ' ' � . 0 threaten in�ury to any p�rson in and near such vehicle; and all times to give adequate warnings vel�icle operators shall act �a keep a11 persons alear of such vehicle while the same is in movement, . 16.052. The vehicle used, shall carry such signalling or warning devices as will enable the attendant reasonably at all times to give adequate warnings as required herein. tJo vehicle or equipment shall operate any device that shall produc� any npise or sound for the purposes of attracting persons to the vending �ruck. (Ref. 243.) 16.06 WARt�lNG 4 `7 16.06. Any licens�e who vio�ates any provision of this ADOITIONAL PENAL.TY ordinance or who drives or operates his vehicle �n a care1ess - and negligsnt fashion may in ad�ition to the usual penalties, have his license r�vqked, after a hearing before the City Counci1, upon reasonab1e notice. �. �� �� 0 22 � , ' �� N O R T N i R N s T A T E S P O W t R C O M r A N Y ' NORTM DI�TRICT 4s01 OSTM AV<NUi NOItTM ■ROOKLYN CLNT6R. MINNifOTA 6SAiY i ' ' ' � ' J,� �4, �gr� Mr Nssim M Qureshi City Engineer-Director of Planniag City of Fridley 6431 University Avenue PE Fridley, Mianesota 55421 R'E ; RELOCATION OF 115 RV LII�E & COMBII�Il�iG T� EXI3TII�G LII�S ONTO T� 115 IN POI.L�B Dear Mr Qureahi Zn reply to yaur letter of June 4, 1971, and o�ur telephone conversation of June 7, our pla.ns for the new routing of the 115 kv lines behind the houses on 69th Avenue e,re as folloKS (per NSP Dra�riqgs NL-E-6462-P3 and NH-50824-'TB ) : First ae vrill set aur poles along a raute ten feet aor�:h of the sautb ' pro•perty line of tbe Sesrs praperty. After this line is completed �+�e rrill then get together Mi.th the property owners on 69th Avemtie and detereiru xhich houses can be served direct�y fros o�ur traosmission pole. , �J �I Il � ' ' ' � You �rill aote froe� our drsNit�ga the►t the poles e�xpportiag tiie 115 kv � trdnyiesion lines are spaced itu�ther apsrt than the eziatiog dis�ribution poles oa the rear lot lines. Therelore, it �rill be necesaary to cross over adjoiaing pieces e� praperty to serve the individval customer lroa aar transmiesion polea. Also, residence �1 ia a apecial esae b�cwuae of the locstioa ot tbs bouse on the praperty. It xill be aeees8ar� to lesve exisbing pole to serv�e thia cust�er. If you bsve any f�rther q�uationa, plee,se f�el free to csll �e at 561-720�. 8incerely � �^'' �, , Warren R Jobnsaa Municipsl 3ervicea Represec►t�Live l�orth Mvi aion NRT�id �. . • ��t d� J � �1� � �� ■ ����'� ! r�.rrA—��'��11 � �/ '� 4'��� ���,�� �� � l�� , E '� � Jr 1� ' �� .� � � , ,i �.� /.• -/ 0 � r ! � __ _ � � ' � I =. � ! --- � � . l� — � ,, ��$ \ O ' ;. f I il � � 1 ' I . Q� ., U - 1 .�...�,. - ' � a'I \ 1� 1 \` �• • �__ �_ _ . �� �, . �� � - c�rr o► Fa�cf �r '""�� .: Ya �� � � ' �z"r � � " � �' �� — ....,...��. . .... .- !i_ y � .� � �.� . "" -_ J�� . -• M = � � V � ` 1 f�"-.A�. � �� 49 , r' t�LS.P 415 KV LINE � !j��J `� • Spoce Structure __���� � .o. � ::�. - . s��� � �.:--,�. _ �", Slructu�! � ,Q° `_ _ a� � .d i 1 �_ � � � Z i_ # ;i r.o�` `'�i4��''_ / I :r� A •� o e ' I� �j _, '_ ____ _ —��j-i� � I�1 � - -- ' c�� _ � p ����E�S� �! � ..o.. — . 1 _ ,� o --_ �. _ --� �-�g � r� �_ '� ���'� �!':::� � R� y �� � �� � �- ;� �� � �� 1 � g �. �� :� _� — � � gs�p�y��..H � �; I 6 _ � ~5 zi ��e� �e a� ! .... � °- n qe �� � � ��� �� �� u ..R •• �'� s..� -� ...... �1r teR� � s �o���= �=i �� ~� � �� Y �� � � =i �� � ��� tl . - • -- � �.r�r �n-ciTY cr ,� j _. _ ; . FRIDLEY _� _..� _,�__ - .. �.._._..,.. ._._._ N.S.P. 115 KV LINE ' : �'� _.__ / - � - - -- . _ �� __ , . , � %.1 � � � o F s r` r -O o----'--' L - - ) ' � 7�� fvC a � ; � . ��.\ � N n - � -- L � J V ,Ml) _ \ V ' y � , - - - ,, _-_ I"� �s � ' .�.5 �- T''i �a N �..� o� � L S _ jS, / t Q � :, ; r r- -� � �•.-;v. ---� � ;� � 0 1 50 � �'J �--.; .•:. �, _ _ � , � `�EE 1`(P�C-i�l_ C�ZoSS S�..CZ\uN 1�1L-�- ..-` :.�2-" � U,� /S5 'I __� I L � . 130.-- i , y. I • � . f T' � 10° � ' . �%S � ' -- M �r.��-k o �.c� ' W __ SS � � -- . _.._ _ . . --- - _._ ___ _ _ _ _ - -- � ___- - - - _ _--- -_ ___ ._- --__. -- � _ � � �I N �� �, - : ' � . � ' n - ' -� ' � ��� � . � � � , . �I .� (' . .. y R - . �,� . _ �; . , ��� =� �..; , . 'r �' � � , , i � ; � ; � , � ;. , I R� � 1' _ _.�___�_.�_.�_____._.+ _.._.._ ___.___-___.___ __ �___�_._.._�. ;1 ;1 . . �' !' , r ' � ; i '.. ... , _ I'r . ' � �_... T '. Y � i-. �-., � � � a 1 . ; "" , , - , . � r `� -- � - \ ,:_ _ �� .... ..,, _. . _ . _ ,—j � r�_ � -.��._ ..` .. ! ' ' .{ � i Y i � � -~'� ,a -- • 1 _ ___.._ __, __.___ __ -1 � __ _ ._ . _---- __ _ - __ -. . __ _ �.. � _ 1 ., \ _ , , . , .._. �I 4~ - � � � �� . �r;' , ; , ' f. � I . �! � �� ! � . . . s,1 � _. _ . � ! - _� �. i {�' � 1 � � { .. .. � �� -- � � ' ' � ' � �'i ,r �� � t i ! .i � i { ' ` j `: `j `. � �� ��. 7 �' t i 7 ' � � . _ __T ...._.. .. . ._.J 1 , . .... . . .. � � .. .r ..—.# 1 . ; � . . , � . . � i � F .. . . ._ t 1 I ' . . r � , _..._ ... �{ c i. ._.._ . _.__.__-_ � , --- <t _`I ____ . _ __---- -----._ __ . _ � � : . ._ „ C � ��; f � �' ' .�.,........___.._. ..�.__.....-" _.__.. _._._ __.__—i , - Y- - -- -------------- + ------ ra _ �. . , . � . s _ . :� , . _ : �- ..., �,.:�! r � �::.; ;�" : .: � -�,,, .; r ` � .� ..A . .. � c�;.,,.. � : �._� � � .. '"__ _..__...____. ___.....___.___i . . _ — . ,�_! _,_.....�__�._......_...�._,._......_�.......o.__... _.�._.....,� .._..._..,. _...: 5� '. � � � � i ._- _ �-- . _ . , :. � ooK�N� !/1/ES -- --- — _-- � -`-- -- i ; -- ., — -- — � . ,. _.. _. _ , , .. _...._._,�. �:_...�..._ _.....� , _...,., �,..._.. ...._a � � � , �1 , , HL�p N O R T H t R N sT AT t s r O W t R C O M r A N Y May 5, 1971 Mr. Darrel Clark Fridley City Hall 6431 University Ave. N.E. Fridley, Minnesota 55421 Re: Vacation of Streets and Alley in Block 6, Berlin Addition Dear Mr. Clark: , Satisfactory arrangements have tieea co�p leted with Burlington Northern Inc. for the retention of Northern 3tates Fawer Compan� facilities within the vacated or to be vacated streets. � Therefore Northern States Power Company has no objection to the vacation o€ subject area. I.J r , � WFL/GQ�/n j w r �� � �-� � � � Yours truly, W.F. Laidlaw Distribution Nsnager Minneapolis Division gy c � e . s Senior Sight of Way Agent 5c � F � . � , � . , , ' � � �� LJ � ' � ' �. f-:i7anea; c�l�.s Gas t��.;�.k ��iy 73� }��:rt�.3et�c: ;lv�.xue; ;°ta�:�e�.yol.is , ;�iir�i�. � � 'I/� #�o , Cyi .A�ril 2s, 1�6J ��I; . .?Z.Y't%Ci ti a,`�.i�t� :�12�;� 6ri��.:1��Q:�. ���i:,:�:'I���: ��1Z%VT "t�. :31a,:c i}eAr i'Lr. �la�.:�:: T.3� �;i�y of i•ri�Ilc;y ::�� recei:v��:� � ��etiiian £ror,� t��e Great :;cart;i�rla 1'.a�.i��:ay Cc�;:;����iy r�'�'.��'�ti:�t� tii� vacatior� n� tne s tr�;ets anc� al�.�r s is� t?lac.l: G of ?serlin :'�urli.iion, Le��x� �??e t i�y t� I�.�� ti,� rzecess:�ry ��e;?s to SCCO.i����.1.y+1 %�1� lr:xC��3.CIi :�� �+°�Oli�.� � 1'."`.`..'• R 5tc'�i:E'i:�Cfl� f�'fl?`.t you a� �to �.t�� st�.�.us o� yniar i���t:r4st �.r. tl�is natter. I Y�ave �nclosc;�i }l�:rc.°�vii.i ed r�1::�a it�uic�tiny t�ae strer�is a��il alxey� un:�:�r c�:rsicfcrativ��. i�Ica.se c�1�. i£ you 's�«v� a�iy c�.i�st.io.�s. Your : ��ry txuly, �;_._. #_.�,��_._�:. i?r'�n=��.� �-��;�.��:-�n�i�'►e�r .�ssist�nt cc: �d.�.i'.-�zoy A��;ie:rscfl ��EIl i'ele�'t�►erze-L. u. ;1i�{Ini•5oi� St�r_c��r� =Ji1 i'.o. - 4 .J.f=3I1S�1i ,�'IY 7Ja���l CI a�<<, -�- \, - ,�.� � s � v /a Lr 1 o I/ E' a S E vr7 e a2 /,S - T" 1 e( � 1� � 3 t- 1/ �� l ��� � 1� e ��, L r � �l� ��� dvea �v �� �/ �cd� �{ dcco✓c��� -� � ��� a%�ac-�e� sK�T � / � / . � / - �� J�1�v� ✓�� we �ave h�� G!o �c�o�� s�c� �/� �e S�ve c� �� � � ' / �- d �I e� �/a cd / io�S,, t , /���-�� � . ���✓ ��� ; -�� �U�.��. . ' � � , ' Cit o rid�e � � 6431 UNIVERSITY AVENUE NE ANOKA COUNTY ' Minneapolis Gas Company 739 Marquette Avenue Minneapolis, Minn. C � ' � ;I � CJ ' ,I u s�o•� 54 FRIDLEY, MINNESOTA SS421 April 23, 1969 RE: Street and Alley Yacation ATTENTION: Warner P. Blake Dear Mr. Blake: The City of Fridley has received a petition from the Great Northern Railway Company requesting the vacation of the streets and alleys in Block 6 of Berlin Addition. Be£ore the City takes the necessary steps to accomplish the vacation we would like a statement fxom you as to the status o� your interest in this matter. I have enclosed herewith a map indicating the streets and alleys under con�ideration. Please call if you have any questions. Yours very truly, cc: N.S.P.-Roy Anderson i Bell Telephone-�L.D. Anderson Stan�ard Oil Co.�V.J.Hansen , � i �� �� - n= neer ssistant ¢ �Z4 v,trr`/ . . h/� h,�✓• ,�o ��,f ��i/��� ��� .�f� Ai�as �+�r c�. �. � o� .-o� � �he� r ✓�a �ni � � ' .� .5� ■ � AM E RICAN OI L COM PANY � SAV �69-03, B1. 6 Berlin Add. , Vacate alley and •treets Great Northern Railway Co. � 4001 STINSON BLVD., N. E. SUITE 107 MINNEAPOLIS, MINNE80TA 55421 l�.' 7 , 1969 TwANBMRTATION D[1'ARTMENT ' ,�, �J ' ' Mr. Dsrrel Clasi Ba�iseer �saiataat Cit� of Psidle� Fridle�� Minneaota SS4Z1 Desr Nr. Cls rk S L�e rast x ie90 oacstioa of Streets t wlie�s ' pitsae refer to Tonr letter of �pril 23 and onr repi� to roti of Apsii 30� re�ardici6 the racstioa of stnsts aad sn aile� ia Bloci 6 of Berlia A�dditi�a, Anota asvet�. ' � ' � �' ,�, ' � ' ' ■ 1 Iai'�saatisa acqnired at tbe tiae of h•isit ta �oar office dis- alosed thst tlu sile� sad streeta �o be �scatsA sse oa propert� a�ed b� tl�e arett lbrthers Raiiro�d t�+�paa�. Cbnsa�seuti�, �ea �acatioa has b�en atco�pliib�tl, tbis Dsopest� �riil se�est baclr, ia title, !o Grest I(ortiern vi� �o� wt �s's's, �es licene aad per- wiaaioa, s Rtght of 11a� Basa�ent dated J�dsr� 1, 19�'f u r�qoired for otir S" pn+dacta pipeline. OMriouai� onr istssest is this �attes is t2a►t tbe liceas� ud pes- ■ia�ioa raiaia istiet. TLis, re Otiie�e, Mili fo1LoM is a�sr�al conrse. Moaid r• a�riN n� of the dsts, ti�e � aa0 p2au tMis �attsr ia wiai to b� ras+l asd s�soi�adt • ♦es� Trrir ?o�era, ��Zt�Z� , ♦. J. a�s� s�siat�ad�st, ZMii Citiea District lr�d�cts tiptlia�a i �' 1 1 . . , . 'Y;Fi:. . ..,! �� ' � t � .� �. 4 i1i . il: ;, S i �� ' ' . � , � • � . - _ . _ . . _ _ _ '. � . ; _ . - . .. .. � - 5f� � . _ : � ;� _ � : , . _ . -=i �_ '� `� �vi-�W�� --=��4-� �j ��:. �... — - .,�� �.• -*-�.�.-wL----�t-�� �,.. a , E : r,•; . I � � � t �';, � '.. ; SAV #k69-03: BJ.. 6, Berlin Add. _ . � ,aPi,� � � � � � ' Vacate an alley � 2 Streets �' 1) Alley in B1. 6 � � * � ''��'. . � .��� 2)41at Ave. S, side B1. 6 � � `�� 3) Unnamed Stra. adjoining E. side (�stwr �` ; .•�; : `'� �' L. 1-8, B1. 6 - �- - - _ _ . _ ._ ... s��., �br.e�:e , ' � �� ` ' Great porthern �tailway Co . '�":�"'eI' Cs �2 ' .• - R � .. , * � j� . ,, f � - _ �, _ d � f'" � � e, . � '•,_ _ +w_ _ ,,,,, _ � — �- _ � u� i "•.� � . i,. � I ; � � � � . ' f .. •� � � � ��i � . ;� �' � .�,j (I � �::%" . . �i. a � � O � iZ(.,O . � �*�,__ ��s-Q..� '_ �;� � ' � � : �S ' - � . ` � � ' I.�J ! � . � � . �'y » � � �� S� . ' _— i „�,�,, Z ,. �. ��, •.k,� � � o . � ..» i16r1Yltrrs I�lscific � , ,� � >� .f., soe-- . � .A.'.�w,� c.�. . � . "• ' � �� �- -- -- -_..� � �� ��,4 ' 1 t � " _� .' � � � _ `!i i � '� - �� . . � -� ::�' . � 2� 2 � � t ..,x,�. a a '�' ' �`7j3 �" ' � � ib f ° ° "it0 i = � -' i ----� - 3 � J � � 9 ' 3 8 °.�-- ' � - -/� _3- Ii� � - 3 --I , . 4 ` � Yo , 1; . j. � - � � �'�+j �_ ._.. ; � -� . � � � ' --- � �� �- 9 f: I � �.rt �e $ �• • ` a S 6+ _ L �.i �. tf�� �� � . — ' " o:�.,.� ' _ s� ar . �, � , . - _ e _ �( � _.... l .o�a,�..�.��o /,'/ Q � �---- �r __�'I . , , ; � � ,'j v __,r,' � . I . N �� �. / � I� 3 -• � ' � �� ' f �� 1 4 - SeAat: /~i=oe� r•• • - f � a N t�t _ � �,� ... � ��� � � I � .� ' - ��� � � • � � � �.t� ► � � � �- -- ' - --�..�. . � . � , � • " se.s,d .ti,."'�?K�t�rs.�rr. <�r- . ; � i 1 � � � LN � ' • ; . �rt► � �. ��� �� 'v% N . � � ' : .' ; -,..__ 21 � � ��, �,�,�� � ? � ", -��. / -"^._ � �a�r , Gt � . . . � • � � ' -,� � ,� � ?, i � ^ I A� . _ L� * - � 3 � Q ' s �� ' ? -�. � o i � � � as � , � ; � � p 7 �� � 1 � ' � � � p�� ', ' � � � '; . j � � H _ 2-� � ; . � _ � � � �' � w p V� i � �; f V - � 1 „ - ' 1 � � BURLJNGTON NORTHERN ' � ' � ' 1 ' ' ' ' ' ' 1 LJ ' � ' � ENGINEERING DIVISION N�r. Clay�on %o: �r:san Director of �+sbiic �7a��� tiinneapolis, I:inn-sota SS�a.5 Mr. �asi� .�.. Qu�eshi City �.ngir.^e-M, �irec�cr. �f P:s���fc t��b''?c� Kridly, .�Sinne�ats 55421 ;Sr. George Bro,;:2 City :.n� �neer Calu:*.�i.� :iei�::�s, :��inneso�a Gentlemen: . 5'� 176 East F ifth Street St. Paul, Minnesota 55101 Telephone (612) 222-7773 or 224-5588 June E, ? `'•'• 1 0 In accordance �.�it::: ipecia? .�se :.'er.r.� ts e�.*. ==g"�^.-,�"►_� �;i.ei�. ��o�a: ac:.e� are r��e rra�;.r.�, �• �;...::.i=?*_ i;,��s ��,.:r �� respective ::i�z��, �-t -' � �. • June 1, 1971 4:�d a co�uniece se� cz ;;i�-j�;n� �n� '-�tr�i =1�ns c:�:.�s. }+ yt. .�^��trCil .=CIX�a e.�:�.�:: 3une 1, 1971y rqb.:ri�a t e initial ,: .�se .. ..�., _.,.. . ` � � . a .. �.+ • �..,,r.. -� t _ nut�� ic :.«�_ ....:� °xr:� � _ _•: =r ��.;: :. . ,.. . . . . .. . .. . .... � � After you �av<_ !:ac? ar_ a�; artvnity to :c�tzs�iat �ao�:x��:ves ait:h the plans, ae 4roui:i 1:.:.e. to .se�t kitl: ��ou �c� ans-.,e� an,y quest;.o►�s you msy h sve. We believe ��e have cove.~e:: �he +; �xio�s condi*_ions •ahic!-� ,r�-:. � ��L fort:� in the u_r pera�its, �ut if �re i�aven�t, an ad�Er.ciu:a cG in'= contrac*_ can b4 �a�ie• Invitations r.o '�id ��-c b�in,� ::e:-.t r.c variou;; con�ractors th.�.s �.ar� with the bi.d orenir.� set �ar July ti, i:71. Present plans ao nr.t call cor a�� L-uildit►g construction this year. As plans are progressed on the various structures, we will be in contact as qour interests are affected. Very trulq yours, r������� B. C. Anderson Assistant Vice President•Engineering RDT:sp EAC. ' W�orkmen's 'Compensa- tion The Contractor, at its sole cost and expense, shall comply with all laws of the State w► `5� this contract is to be performed relating to workmen's compensation covering all employeP said Contractor or of any subcontractor employed to perform work under this contract. Payroll It is further understood and agreed�that in no �event shall the Company be required to make ,'Deductions deductions from compensation or report earnings of employees of the Contractor under any Social Security Act, Railroad Retirement Act, Unemployment Compensation or Insurance Act, or any other statue, local, state or federal, purporting to levy a tax on payrolls or the compensation of , 'employees; and the Contractor hereby agrees to indemnify and save the Company harmless from any and all liability, cost or expense arising or growing out of the Contractor's compliance or failure to comply with the provisions of any such law connected with the performance of this � Claims for 'laborand Material � contract. The Contractor agrees to pay and to hold the Company harmless from: (a) All debts or dues of, or demands or claims against the Contractor, or of or against any subcontractor for services and labor performed or materials furnished in said work for provisions and supplies, board of inen engaged upon said work, and all debts, dues, de-nands, damages or claims growing out of said work, whether like or unlike those enumera:ed. Liens (b► All liens, garnishments, attachments, suits, causes of action in law or in equity, costs, ' expenses and attorney's fees, arising from or in connection with any or all of the debts, dues, claims, demands or damages in th�s and the preceding clause mentioned, including costs, expenses and attorney's fees of the trustee of any mortgage of the Company. ' iLJ The Contractor shall, whenever requested so to do, furnish the Engineer, in such detail as may be required by the Engineer, statements in writing of all sums owed by the Contractor or sub- contractors for services rendered, labor performed, or mater�als, supplies, tools or machinery furnished or used in the performance of this contract. Before final settlement is made, the Contractor shall furnish to the Company satisfactory evidence ' that the work is free and clear from all liens for labor or materials, and that all payroll taxes have been paid, and that no claim exists out of which a lien may grow. tIudemnity ' ' , � ' ' , 1 co►m s000s s » The Contractor shall indemnify and save hetrmless the Campany, the cities of Minneapolis, Columbia Heights, and Fridley, Minnesota hereinafter collectively called Cities from any and all claims, suits, losses, dame�es or expenses, whether caused or contributed to by the negligence of the Compaqy, its agents or employeea, or otheririse, on account of in�uries to or death of any nnd all persons whomacever, including the Contractor, subcontractors, employees of the Contractor, aubeo�ractors, the Compnr�r, aad oP the aaid Cities, and any �ad all daana�e to praperty to Whanscever belonging, including property o�+�rned b�r, rented to, or in the care, custoc�y or coatrol of the parties hereto and said Cities ariaing or groNing out oP, or in asy manner connected �riLh the �rork perfo:med uader this contract, or caused or ocessioned, in vhole or fu part, by reason of or arising during the presence of the person or of the property of the Contractor, aubcontractore, their employees or agents, upoa or in preocimitr to the property o! the Campa�y and ot said Cities. The Contractor l�rther egreea that it vill defend at its rnm asme and on behalf of the Compst�y and said Cities, all clsims • injurie� to or death of persons or dsaaage to property arisi i� aut of the �rork carried on under this contract, for �rhich th � said Cities are liable, or are alleged to be liable. �� � expense, in tDe or suite Por ng or gro�ring e Campany and ,._..�_... � r�. , _ ( ut-1-- � . -_/.0._ . . ' CONTRACTUAL LIABILITY ENDORSEMENT �5� consideration of the premium at which this policy is written, -- surance Company agrees that the insuring agreements of the policy to which this Endorsement is attached are extended cover liability for bodily injuries, including resulting death, and for damage to property, which liability the insured has assumed by virtue of the following wording contained in a contract entered into by and between the insu�ed and ' �urlington Northern Inc., dated � 9 ' r"The Coatractor shall indemnifjr and save harm�ess the Compac�r, the cities of ! kinneapolis, Col�bia iieights, and Fridley, Minnesota hereinafter collectively , � called Cities f�om any aad all claims, suita, losses, demRges or expenses, whether '� csused or contributed to by the negligence of the Campar�y, its agents or employees, ' or otherWise, on account oP in,juries to or death oY sny and all persons xhamsoever, ' ',including the Contractor, aubcontractors, employees of the Contrector, subcontractors, �tLe Compaay, and of the said Cities, and any and all dsmage to property to whamsoever belonging, including property rnmed by, rented to, or in the care, custo�Y or ' control of the parties hereto and said Cities arising or �roWing out of, or in any manner connected With the work perforned under this contract, or caused or occasiqned, in irhole or in part, by reason of or arising during the presence oP ' the person or oP the property of the Contractor, subcontractors, their employees or agents, upon or in proxi�ity to the property of the Company and of said Cities. '�1'he Contractor flirther agrees that it will defend at its o�m expense, in the name , and oa� behalf of the Conpar�y and said Cities, all claims or suits for injuries to or death of persons or damage to property arising or grrnring out o! the Work carried on under this contract, for Which the Company and said Cities are liable, or , are alleged to be liable." �rw �D �T��w� h� ''his endorsement is issued subject to all agreements, exclusions, conditions, declarations and other terms contained in the policy, except as modified by this endorsement. �is endorsement forms a paM of Policy No. issued to �r the �nsurance Company, �s effective 19� Sterxiard Time. � OUNTERSIGNED: � , DULY AUTHORI2ED AGENT ' , , , � . EXHIBIT ..A.. _, . - _.. ._ . . --- - �� 50005 2—Tl 10 0 �� ' , ' ' � ' ' ' ' , , � , ' ' ' ' � ' 1.2 Construction Schedule iCont�d.i Area Desc`ription H I J ' K L M Near Soo Line overhead between Areas F and G ' New classification yard - gr�ups three through eight Area of existing City of Minneapolis water lines Area of old car shop West approach to 44th Avenue N.E. O.H. Bridge East approach to 44th Avenue N.E. 0. H. Bridge Earliest Starting Time July 1, 1972 January 1, 1972 July 1, 1972 May l, 1973 July 1, 1972 �July 1, 1972 �� Completion Date_ August 1, 1972 June 1, 1973 . June 1, 1973 August 1, 1973 November 1, 1972 November 1, 1972 The earliest starting times in Areas E, F, G, H, and L shall be coordinated �rith the removai or relocation of the CompanY's aPerated tracks and facilities _ as well as the removal or relocation of any public utility facility in these areas. In'Area D excavation in the vicinity of the new car shop shall be com^leted aa soon as possib2e. C�` Chain link fence to be installed alonq the east bouridary of tt►e �ard shall be ! constructed prior to the commencement of rock removal and blasting. � o•� �A � L�. 1.2-1 Time of Bec�inninq and Completion � The v�rk shall be commen�ed within 15 calendar days of receipt of notiee from the Company Eo proceed and all �+ork shall be completed on or before the date set -• out in the oontract. - � " 1.2-2 Timely Execution of Work The Contractor shall furnish sufficient forces, o�nstruction plant, and equip- ment to prosecute the work in aceordance w�th the oonstruction schedule. Should the Gontractor fell behind schedule, he shall take such steps as may be necessary to improve his progress and the Engineer may require tiim, at his sole expense, to increase his forces, extend his normal wc�rking hours per day or per �eek, or incre�se the amount of equipment i.� service. In such event the Contractor shall submit supplementary progress schedules in the form required by the Engineer. Such supplemental schedules shall conform=with the times of the oonstruction :�d the delays which may have been encountered in the perfosmance of the work. 1.3 Cooperation of Contractor � The Contractor shall give the work the constant atta�tion necessary to facilitate the progress thereof and shall cooperate with the Engineer and �+ith other contractors in every way possible. The Contractor shall at all times have as his agent on the wnrk a competent superintendent capable of reading and thorouqhly understanding the plans and specifications, who shall have the necessary authority to receive and promptly execute instructions anti orders from the Engineer or his authorized representatives: Such superintendence ahall be furnished irrespective of the amount of v�ark sublet. _ � ' � � � ' • , ' , ' �J ' ' � ' ' �1 1.13-2 Trees (Cont'd.) The Contractor shall not deface, injure, or destroy trees or shrubs nor remove or cut them without special authority of the Engineer. No ropes, cables or guys shall be fastened to or attached to any existing nearby trees for anchorages in lieu of placing deadcnen unle'ss specifically authorized by the Engineer. Where such special emergency us� is permitted, the Contractor shall first adequately wrap the trunk with a sufficient thickness of burlap or rags over which soit�od cleats sha11 be tied before rope, cable or wire is placed. The Contractor shall 3.n any event be responsible for any damage resulting from such u se. Where in the opinion of the Engineer, trees may possibly be defaced, bruised, injured or otherwise damaged by the Contractor�s equipment or by his blasting, dur,�ping or other operations, he may direct the Contractor to protect adequately such trees by placing boards, planks and poles around them. All these pre- � cautions shall be at the expense of the Contractox. All scars made on trees by equipment, eonstruction operations, or by the removal of limbs larger than 1 inch in diameter shall be painted as soon as possible with an approved paint. All trimming or pruning shall be performed in an approved manner by experienced workmen with saws_or pruning shears. Tree trimming with axes will not be permitted. Where tree climbing is necessary, the use of climbing spurs will not be permitted. The.use of climbing ropes shall be required by the Engineer where deemed necessary for safety. Trees that are to remain either within or outside estai�lished clearing limits that are subsequently damaaed by the Contractor and are beyond savin� in the opinion of the Engineer shall be ren►oved and replaced with a tree of the same species and maximum size that is practicable to plant and sustain growth. The Contractor shall furnish all necessary equipment and material to properly plant and guy the tree and shall care €or the tree until natural growth is assured. If the new tr�e dies, the Contractor shall remove and replace it as directed by the Engineer. 1.13-3 Company Pole Line Alono West S,ide of Yard . During the time that embankment in Area E on P1an Number NT-4 is being placed, it will be necessary for the Contractor to progress his work s�o no damage will occur to e�cisting pole lines. 1.14 Soils Investiqation Soil borings in the vicinity of the new yard have been made by a consultant for the Company. The o�nsultant's final report is available for review at Office of Manager Engineering, Minneapolis. The records of borings aontnined in the o�nsultant's report are the consultant•s interpretations of the oonditions and there is no representation ar warranty expressed or implied that the conditions interpreted from the consultant�s investigations are correct, that different material will not be encountered or that unanticipated developments will not occur. � 1.15 Dust Control �--- To avoid any complaint by any political body or any organization regarding ' % dust and sir pollution emanating from this project, all excavated materials shall � be disposed of in a manner which will not create a dust control problem. � tatork areas, temporary construction roads, haul roads, and work areas shall be ' � maintttined free from excessive dust by an approved program of either daily sprinkling, gravlling, chemical treatment, temporary asphalt pavement or oombinations thereof �:-; �' fa� the duration of the oot�tract. The Contractor will solely be responsible for � � �y and all complaints within the soope of this proj�ct, whether caused by him or his subcontractor. �a.y �G � , f , �� ' 1 � � ' LJ , ' L .' , ' � u ' ' � ' 62 SPECIFICATIONS - SECTION 2 - GRADING 3.1 Description The work covered by this section of the specifications consists of furnishing all plant, labor and equipment and performing all operations in eonnection with grading including: Clearing and grubbing, building removal, excavation, construce tion of berms and embankments, and preparing the trench for relocating Minneapolis Water Works waterline, all in accordance with the contract drawings and specifica- tions, and as directed by the Engineer. 2.2 Clearinct and Grubbinq - 2.2-1 Descr�.otion This work shall consist of clearing and gnibbing of the areas as staked by • the Engineer by removing and disposing of all trees, brush, downed timber, stumps, roots, rubbish, existing fences, and debris of every description, except such objects as are designated by the Engineer to remain or are to be removed in accordance with other sections of these specifications. This work shall also incZuiie the preservation from injury or defacement of trees., bushes, shrubs and other objects designated by the Engineer to r�nain. 2.2-2 Construction Requirements 2.2-2(a) Clearing : Within the Clearing Limits as staked by the Engineer, all trees, brush, loqs, upturned stumps, roots of downed trees, rubbish, existing fences and debris shall be removed and burned or otherwise disposed of as provided hereinafter. Trees, stumps, roots,.brush and other vegetation within the clearing limits shall be cut off flush with or below the original grourld surface, except as otherwise p�ovided hereinafter. �'�J H�uning shall be done in acoordance with applicable law� and ordinances. ? If State or Government or others prohibit burning , refus�e from clearing�� w��� shall be dispc�sed of by other approved means. .� �r-' When necessary to dispose of refuse from the clearing operations by ' means other than burning, the Contractor shall make all necessary arrange- ments for obtaining waste sites at his own expense and stiall obtain all permits and authorities required. - Clearing must be carried out and oompleted ahead of the grsding opera- tions unless otherwise permitted by the Engineer. 2.2-2(b) Grubbina This wnrk shall include the removal from the ground of all stumps, roots, buried loqs, and other embedded debris and disposing of the �efuse as directed by the Engineer. Al1 areas of excavation and all areas upon which embanianents will be placed and any other areas designated by the Engineer shall be grubbed. Within the limits of grubbing, except in the embankment areas where subgrade will be 5 feet or more above the natural ground surface, grubbing •�ahall be done to the depth necessary to remove all st�nps, larqe roots, buried loqs and all other objectionable material. � In embankment areas Mfiere the subgrade or slope elevation will be more then 5 feet above natura2 ground surface, all trees, existinq stumps and large roots shall be close cut and need not be grubbed. Refuse resulting from the grubbing operations shall be disposed of in �. - irnste sites as provicied .in Section 2.2-2(a). Grubbing shall be fully completed in advance of grading operations., 22 s ' ' ' , , . �3 2.4-3 Construction Requirements 2.4-3�a) Disposal of I�laterial All materials obtained from excavation sha11, so far as they are suit- . able9 be used in forming Embankments as shown an the plans or as staked by the Engineer. No excavated material shall be.wasted without-authori7a- ' tion of the Engineerm � The Company wi11 require the use of e�cavated material in the areas .hereinbelow listed: ' Location A�proximate Volume . West side of the Yard 105,000 C.Y. New Hur.�p Area including parking lot 111,000 C.Y. t � ' Berms on East Botmdary of the Yard _ 2�61000 C.Y= —�aN q Approach Ramps to 44th Ave. Bridge 69,000 C.Y. Stockpile area near west boundary of grading area I � 20;000 C.Y. ' ' �I , ' ' , ' � ' � � , Alternate (In event Company elects to dispose of portions of excavated materials by use of train haul): Load on cars at loading track furnished by Company 1,000,000 C.Y. Tlie use of excavated material in the above-mentioned areas shall be coordinated with the gradine sequence listed in Section 1.2 or as directed by the Engineer. Any surplus material shall be disposed of in such of the following r�ethods as the Engineer may direct: £X�Esc 1.' The City of Fridley, Minnesota, has first opt'ion on su_ ��.s material. � ' Location of disposal areas within the City shall be at the direct.ion � �� of the City Engineer of the City of Fridley. The location of disposal •�,, ax�eas within the City of Fridley has been determined by the City -�� FTiginee.r and are sho� on a sketch available for review in the office ' ; of the Assistant Vice President, En�i.neering in St. Paul, Minnestoa. �' " Cpntractor will be required ta deliver to arid unlaad material at the �' disposal s3tes; any preparation of sites, oompaction of disposal materials, �'� or final grading on City of Frid].ey disposal areas wfll be done by �� others. GON � P � 2. Wasting of materials in a waste site ob�3ined by the Contractor at his expense and approved by the Engineex. Whenever the Contractor is required to dispose of excavated materials in a waste site, the Contractor shall make his own arrangements at his own expense fo� the disposal of these materials snd shall protect the Company from any and all damages that may arise therefrom. No direct payment will be made for disposing of materials removed from excavation. Disposal of material will be oonsidered incidental to and included for payment in the class of excavation applicable. 25 . ' 1 � ' ' • , , ' � �� . �4 � �, 2.4-3�a) Disposal of Material (Cont�d. ) �Ow � The Contractor shall make his own arrangements for haulinG routes and shall coordinate traffic activities arising from disposal operations with the City of Fridley, the Ci�y of Columbia Heights, the City of Minneapolis, and the County of Anoka. Traffic patterns for removal of material shall be towards East River Road and away from resi e a areas where possibTe. �y Truck traffic is restr cted over e r Avenue (St. Anthony Blvd.) bridcfe by the City of Minneapolis. If the Company so elects, the Contractor shall load excavated materials on cars ready for the Company to haul away from the site in trains. The Company will build a loading track layout as 5hown on sketch dated Office Manager Engineering, Minneapolis, May 27, 1971, on sub�rade prepared by the Contractor as part of the grading work. Said sketch is available for review in the Office of the Assistant Vice President - Engineering, St. Paul. The Company will arrange to spot tw� trains, maximum Iength about 1,250 feet, on the loading � tracks during each 8 hour shift. The average capacity of each train will be � about 1,000 cubic yards. Only one train will be spotted on the loading track = at any particular time. The company will spot the trains on the loading tracks at consistent and wniform in�ervals; the Contrac�or shall load trains promptly after the trains are spotted on the loading tracks. Any movements of trains on the laading tracks to facilitate loading operations shall be performed by the Contractor. The Contractor shall load cars level full to the nominal capacity of the car. ' ' � ' ' � ' �. � '` � ' 2.4-3(b) Rock Cuts When explo sives are used in rock excavation, the charges shall be so proportioned and placed that they will not loosen the rock outside of the excavation lines called for on the plans or as staked by the Engineer nor cause overbreak or slides. If rock below such excavation 1'ines should be so loosened by blasting as ta render it liable to slides or falls, such loosened rock shall be removed by the Contractor at his own expense or in the event such removal wuuld encroach beyond the Cor�pany's property limits, the Contractor at his expense shall stabilize the loosened material to the satisfaction of the Engineer. The slopes ot rock cuts shall be scaled and dressed to a safe stable condition Dy removing all projecting materials and all loose spalls and rocks not firmly keyed to the rock slope., Scaling and dressing of rock slopes will not be paid for directly but shsll be oonsidered incidental to and included for payment in the eontract unit price for "Rock Excavation". 2.4-3(c) Use of Exploseves When the u�e of explosives is necessary for the prosecution of the wnrk the Contractor shall use the utmost care, so as not to endanger life or property, cause slides or disturb the materials outside the neat lines of the cross- section. Where blasting is liable to endanger persons or property, the Engineer will have the authority to prescribe and enforce such rules and regulations as may be necessary. The prescribing or failure to prescribe such rules and regulations shall not relieve the Contractor from any responsibility under this contract. � 0� � b I 26 w ' ' r r-, � ' ' � � � ' , � r ' , � � , � , , h.5 2.4-3ic) Use of Explosives iCont'c�.) Blasting shall be completed in the vicinity of proposed structures before construction on the structures is undertaken. All explosives shall be trans- ported and stored in compliance with local laws and ordinances, and all such storage places shall be clearly marked "Dangerous -- Exnlosives". iVo explosives s}iall be left in an unprotected manner along or adjacent to any existing highway or abutting property. The Contractor shall notify public utilities and other railroads having facilities near the site of the work of his intention to use explosives and the location, date, time and approximate duration of such blasting. Such notice shall be given sufficiently in advance to enable the companies to take such steps as they may deem necessary to protect their property from injury. The Contractor shall carry on blasting operations so as not to have any adverse effect on adjoining property owners and to keep noise to a minimum. Contractor shall employ at his own exper�se a qualified consultant, subject to agproval by the Enaineer, to inspect the structure of }iouses along Niain Street prior to any blasting, so any damage claim can be justifiably esta�blished, � witjlin the following limits: C 0 �,,� � b (1) �'� ' (2) �.-- The City of Coliunbia Heights, Minnesota, between 37th Avenue N.E. and t�2nd Avenue N.E. ' The corporate limits of the City of Fridley, Minnesota, �-�-� south of 45th Avenue N.E. The Contractor, or his consultant, shall monitor, throuqn the use of testing equipment approved by the Engineer, all blasting operations to insure that the size of the shots is properly controlled. Bl�sting shall be restricted to normal working hours. 2.4-3�d) Excavation Below Grade . Where pockets that will not drain are formed below the subqrade elevation, the Contractor shali, at his own expense, provide drainage by ditching to the bottom of the roadway ditch and backfilling both the pockets and the trench with fragmentary rock, gravel or other suitable material as directed by the Engineer. If the nature atld condition of the material existing below the desiqnated subgrade is such that in the judgment of the Engineer it will impair the stability of the roadbed, the material shall be excavated to a depth ordered by the Engineer and the material so excavated shsll be wasted as directed by the Enqineer. The excavated area shall be backfilled to grade with suitable material, compacted in accordarice with the method of compaction required for e�nbankments under the provisions of this contract. Payment for excavation below grade will be made in accordance with the oontract unit price for the class of excavation applicable. No additional payment will be made for the placement of any backfill material over and above payment made at the contract unit price for excavation of the material used for that purpose. 2.4-3(e) Drainaqe Durinq Construction Construction work at or across natural waterways, natural surface drains, or artificial drainage ditches shall be carried on in such a manner that no damage will accrue to Company or adjacent property. Should such damage occur, t.h,e Contractor shall make.good such damage in an acceptable manner. Drainaye o€ existi.ng runoff water frrom the City o: Columbia Heights that is preseritly entering the Company's property in the vicinity of 39th Avenue shall be maintained durinq construction. � �• 27 , ' , � , . i � � � L� � � C� �` � L� �� � � � , SPECIFICATIONS - SECTION 4'- FENCING 4.1 Descriptian � O N ��t � Chain link fence shall be constructed as shown on the plans and as directed by the Engineer and gates shall be installed if directed by the Engineer. Chain link fence shall be constructed with posts as specified in Section 4.2 of these specifications and chain link fabric of #9 gage 6 feet in height. A top rail shall be used and the line posts shall be 2.7#H or 2-3/8 inch O.D. pipe (Schedule 40). Fabric shall be aluminum coated class II chain link per ASTM specification A-491-63T or Class II galvanized chain link per ASTM specification A-392-66T. Fabric shall be �nnected as follows: 1. To line posts with 6 gage wire clips.every 14 inches. 2. To top rail with 9 gage wires every 24 inches. 3. To terminal, corner, and yate posts by integrally weaving into the post or by using 1/4 ineh by 3/4 inch ten sion bars tied to the post every 14 inches with 11 gage, 1 inch wide, steel bands and 3/8 inch diameter bolts and nut s. 4. To tension wire with 11 gage hog rings every 24 inches. Tensil strength of the fabric wire shall be 80,000 pounds per square inch minimucn. Top rail shall be 1-1/4 inch (1.66 inch O.D.) pipe iSchedule 40) or 1-5/8 inch by 1-1/4 inch roll formed sections. Tbp rail shall pass through intermediate post tops and form a continuous brace within each stretch of fence and be se�urely fastened to terminal posts. 4.2 Construction Requirements � F�d, corner, and pull posts shall be 2-7/8 inch O.D. pipe, 5.79 pounds per foot, or 3-1/2 inch by 3-1/2 inch roll formed sections with integral fabric loops, 5.14 pounds per foot. Posts for swing gates if required shail be according to the following gate leaf widthss Gate Leaf Width Up to 6 feet Over 6 feet to 13 feet Over 13 feet to 18 feet Over 18 feet Post Size 3-1/2 inch by 3-1/2 inch roll formed section or 2-7/8 inch O.D. Pipe 4 inch O.D. 6-5/8 inch O.D. 8-S/8 inch O.D. Lbs. Per Lineal Foot 5.14 5. 79 9.11 18.97 24. 70 �� Gate frames shall be 1.90 inch O.D, pipe connected with fittings riveted at each eorner. Each frame shall have 3/8 inch diameter adjustable truss rods. Gates shall have positive type latching devices with provisions for padlocking; and drive qates shall have a center plunger rod, catch, and semi-automatic outer catches All posts, rails, and appurtenances shall be hot-dipped zinc o�a�ed steel per ASTM specifications A-120-65, A-123-66, or A-153-65, whichever is applicable. Pipe posts shall have tops which exclude moisture. End, corner, pull, and gate posts shall be braced with the same material as top rail and trussed to line posts with 3/8 inch rods and tighteners. Each post shall be set in a concrete foundation of 1-2-4 mix having a minimum diameter of 9 inches and at least 36 inches deep. Li.ne pasts shall be evenly spaced 10 feet or less apart, and a modified spacing to oonform to end and brace panel placement requirements. When rock is encountered, post holes of full depth shall be provided even though drillir�g and blasting may be 36 � � _J , � � � � _J � , , ' � , , � . 6r�. SPECIFICATIONS - SECTION S- EROSION CONTROL � � 5.1 Description � D N e � This work includes the furnishing of all labor, equipment, tools and materials, and the performance of all werk in preparing slopes, planting seed, fertilizin�3, and mulcYiing berms and areas disturbed by yrading operations as shown on the plans or as directed by the.Engineer. 5.2 Construet.i_on Rea�irements So far as suitable topsoil material is available within the excavation areas, . and within areas on which embankrnents ti�ill be placed, the Contractor shall remove sufficient topsoil, stockpile it in locations approved by the Engineer, and use it for topsoil covering on berms alonq the east botuidary of the yard, or other disturbed natural qround as directed by the Engineer. Work required in connection with reserving and stockpiling topsoil covering will be considered to be incidental w�ork for which no direct payment will be made. After the bezm s along the east boundary of the yard are graded to the elevations shown on the plans or_as staked by the Engineer, a 4-inch covering of the topsoil hereinabove referenced shall be plac�d and seeded. Seed shall be a SO-50 mixture of white clover and Chewing s Fescue applied uniformly at the rate of 40 pounds per aCre or other vegetation as approved by th� Engineer. A starter fertilizer•of 5-20-20 shall be applied uniformly at the rate of 30 pounds per acre. A straw mulch shall be used on slopes that are steeper than 3 to 1. Seed shall be applied with a brillon seeder or other method approved by the Engineer. Before placing seed, areas to be seeded shall be cultivated to a depth of 2 inches usi�g farm disc or harrow or other suitable means approved by the Engineer. Cultivation shall be done at right angles to the natural flow of water on the slopes. Cost ei �reparation of areas to be seeded shall be included in price paid for seeding and no additional payment will be made for such preparation. The Contractor shall notify the Engineer 24 hours in advance of seeding opera- tion and shall not begin work until areas prepared for seeding have been approved. Seeding shall oommence immediately after aoproval except that seeding shall not be done during windy w�eather or when ground is frozen. Acceptance of seeded areas herein specified shall be based on a uniform stand of grass at the time of final inspection. Areas f�iling to show a uniforn► stand of grass after germination, or damaged through any cause prior to final insp�ction, shall be reseeded as herein specified at the Contractor�s expense. ' �...-- • 5.3 Measurement Measurement for paympnt for placing the 4-inch oovering of topsoil will be by the acre. �Measurement for payment of seeding will be.in acres of actual seeding oompleted and accepted. 5.4 Payment , Payment for.placing the 4 inch vovering of topsoil will be made at the Contract unit price which price will include the furnishing of all labor and equiFxnent required to complete the work as specified. � Payment will be made at the contr�ct unit price for seeding which price shall include the furnishing of materials, labor and equipm�t required to cbmplete tiie wiork as specified. � � 38 .� 1 ' , ' � � , � i � __ �� ��� / RESOLUTION N0. � RESOLUTION ORDERING IMPROVEMENT AND FINAL PLANS AND SPECIFICATIONS AND ESTIMATES OF COSTS THEREOF: WATER, SANITARY SEWER AND�STORM SEWER PROJECT 1�0• 102 l���J WHEREAS, Resolution No. 59-1971 adopted the 17th day of May, 1971 by the City Council, set the date for hearing on the proposed improvements, $s SPeci- fically noted in the Notice of Hearing attached hereto for reference as Exhibit "A", and WI�REAS, all of the property owaers whose property is liable to be assessed with the making of these improvements �as noted in said Notice) were given ten (10) days aotice by mail and published noticd thethea ingcwasgheld and thegpt pertY,°�ner$y publications of the required notice, an heard thereon at the hearing, as noted in said notice. �10W, THEREFORE, BE IT RESOLVED, by the Council of the City of Fridley, Aaoka Couaty, Minaesota, as follows: 1� That the follawing impYavements proposed bq Council Resolution i No. 59-1971 are hereby ordered to ba effected and campleted sa soon as possible to-wit: ' ' ,� � L� ' ' ' �� � ' 2. 3. Water mains, sanitary se�wer, laterals and �ervice.connectiont, storm eewe7c and appurtenances 1. 2. To ansve the axea bounded by 85th Aveaue on the North, 79th Avenue on tha South, Railsoad track� on the Weet and Univereity Avenue ' (T.H. #47) on tt�e Sast. To serve all Che lots in tht propoasd A1 Ro�a Addition including all tha lots on Riverview Terra�ca and Alden Way. That work to be performed under this project may be performed under one or more contracts as may be deemed�advisable upon receipt of bids. That the Coastock � Davie, Inc.� Censulting E'n8inaass, 1446 County Rd. J, Minnsspoli� ase hereeyfde�siSnlane sndspec�ificatians�for�the makin8: �t. ahall prepar P . of sucti �mprovement.. ) I d� ' � DAY OF ;, ��;D gy THE CCUNCIL OF Tf� CITY OF FRIDLEY THIS ___._------ � � t � � � � ,. '�� �' � , 19t1. . ATTBST• � CITY CLERK - Mar�rin C. Brua�ell 11AY0R - Jack 0. Rirkham � [� ' , ' �l ' ' � '� � I� e RESOLUTION N0. ��� � / /� � RESOLUTION REQUESTING C01�1�1ISSIONER OF HIGHj�iAYS, STATE OF i�IINNESOTA, TO i�1AKE A TRAFFIC INV�STIGATION AND DETERTIItiE A REASONABLE AND SAFE SPEED LIMIT ON 73RD AVENUE NORTHEAST �� WHEREAS, the l�iinnesota Highway-Department has raised the speed limit from 30 miles per hour to 40 miles per hour on Osborne Road (County Road 8), tiahich borders t}ie North boundary of Fridley; and tiVHEREAS, Woodcrest Elementary School, Prince of Peace Parochial Scliool, Unity Hospital and the Fridley Nledical Center are located along Osborne Road; and WHEREAS, the City Council of the City of Fridley recognizes the problems along Osborne Road; and WH�REAS, 73rd Avenue between T.H. #47 (University Avenue) and T.H. #65, for the most part, have two separate roads serving the � industrial and residential areas; and WHEREAS, it might be possible to relieve some of the pressure on Osboxne Road by making use of 73rd Avenue; NOtiV, THEREFORE, BE IT RESOLVEll by the City Council of the City of Fridley that the Commissioner of Highways, State of Minnesota, is hereby reauested to make a traffic investigation to determine a reasonable and safe speed limit on 73rd Avenue (the roadway serving industry) between T.H. #47 (University Avenue) and T.H. #65, along �ith any addi.tional needed safety devices. ' � � v , . , � ATTEST: , � ' ' ADOPTED-�BY'THE COUNCIL OF THE CITY OF FRIDLEY THIS '� 1 ��� � � 1971. ' ' DAY OF ._ ,+ � hiAYOR - Jack 0. Kirkham a. CITY CLERK - Nlarvin C. Brunsell � � � ' r- � .' /., / RESOLUTION N0. �� ✓ /�� A RESOLUTION RECEIVING THE PRELIMINARY B.EPORT AND CALLING A PUBLIC HEARING ON THE MATTER OF THE CONSTRUCTION OF - CERTAIN IMPROVEMENTS: WATER, SANITARY SEWER AND STORM SEWER PROJECT N0. 103 WHEREAS, the construction of certain improvementa ia deemed to be in the interest of the City of Fridley and the property owners affected thereby. �� BS IT RESOLVED, by the City Council of the City of Fridley, ae follows: l. That the preliminary report submitted by c.,+�•,--��r F*+�{*+p��g� Tn.� Consultinst Ens�inesro ie hereby received and accepted. ' 2. That the City Clerk ahall act to ascertain the name and addreas of the awner of each parcel of land dixectly affected or within the area of lande aa may be proposed to be asseased for said improvements, and � calculate estimatea of aasessments as may be propoaed relative thereto against each of eaid landa. , ' 'l � 1 ' LJ 3. That the area propoeed to be asaessed for said improvemente and each of them as noted in said notice are all the lands and areaa as noted in eaid notice: All of the same ta be asaesaed proportionately according to the benefita received. 4. That the estimates of asaesamenta of the Clerk shall be available for inspection to the owner of any parcel of land as may be affected thereby at any public hearing held relative theret�, aa well ae at an�r prior ti.me reasonable and coavenient. S. That the City Clerk is authorized and directed to give notice of auch Public Hearing bq publiahing a notice thereof in the official ne�spaper of the City of Fridley and by mailed notices to all the property awnera vhose property ie liable to be asaesaed with the making of theae impravementa according to law, auch notice to be aubstantially in tha form and subatance of the notice attached hereto as Exhibit "A". 6. That this Council will me,et on the day of ,�g7�' at o'clock P.rI. at the.City Hall in the City of�Fridley for the purpose of holding a Public Hearing on the impravement noted in the Notice attached hereto and u�de a part thereof by reference, Exhibit"A". , ADOPTED BY THE CITY COUNCIL OF Tf� CITY OF FRID�LEY THIS �_-��� DAY OF , %�� . �9ri��. , ' � 1, , AITEST : CITY CiERK - Marvin C. Bruneell � 1�fAY0R - Jack 0. Kirkham , ' ' ' pFFICIAL PUBLICATION CITY OF FRIDLEY (EXHIBIT A) 0 � NOTICE OF HEARING ON IMPROVII�NTS WATER, SANITARY SEWER AND STORM SEWER PROJECT N0. 103 ' WHEREAS, the City Council of the City of Fridley, Anoka County, l�innesota, has deemed it expedient to receive eviden�e pertaining to the improvements hereinafter described. . ' LJ ' ' '— � ' ' ' 1 ' ' � � NOW TEIEREFORE, NOTICE IS HEREBY GIVEN THAT on the day of , at o'clock P.M. the City Council will meet at the City Hall in said City, and will at said time and place hear all parties interested in said improvements in whoie or ia part. The general nature of the improvements is t�ie construction (in the laxids a�d streets noted below) of the following improvements, to-wit: CONSTRUCTION ITEM Water mains, sanitary eewer, laterals and sarvice connections, atorm aewer and ap�urtenances. - 1. To eerve tha proposed Innsbruck Nortti Plat Phase I 2. To oerve Matterhorn Drive between Interstate #G94 and Gardena Ave, 3. To serve Arthur Street betwean the proposed Innebruck North Plat to Gardana Avenue SSTII�lATED COST . . . . . . . . . . . . . . . . . . . . • • $ THAT THE AREA PROPOSED TO BB ASSESSED FOR SAID Il�'ROVEMENTS IS AS FOLLO'WSt For Construction Item above ----------------------------'-------- All of the land abutting upon said streets named above and all lands within, adjacent and abutting thereto. Al1 of said land�to be assessed proportionately according to the benefits received by such improvements. That should the Council proceed with said improvements they will consider each separate improvem�nts, except as hereafter otherwise provided by the Council all under the following authority, to-wit: Minnesota Statutes 1961, Chapter 429 and laws amendatory thereof, and in conformity with the City Charter. DATED THIS DiAY OF , 1971, HY ORDER OF 1'HE CITX couNCZZ, . Pub 1 ish : MAYUR - Jack 0. Kirkham :�1 ' ' . � � � � - , RESOLUTION N0, ' A RESOLUTION ORDERING IMPROVEMENr, APPROVAL OF PI�ANS AND ADVERTISING FOR BIDS : STREET II�RWEI�NT PROJECT ST. 19�1-10 (SFAL COATING) ' ' ' W�REAS, the City Council of the City of Fridley has eatablished a policy of Seal Coating the City streeta on a regular basis, WHEREAS, the City Engineer has submitted a plan shawing the streets in need of 3ea1 Coating, marked as Exhibit "A", NOW THEREFORE, BE IT RESOLVED, by the City Council of the City of Fridley, Anoka County, Minnescrta, as follaws: ' 1. That the streets marked black on the attached map be seal coated, and the work involved in said Improve�nent shall hereafter be designated se: � I� � ' ' �J �� ' STREET II�ROVII�NT PROJECT ST. 1971-10 2. The plans and specifications prepared by the City Engineex fos' such imprwement and each of them, purauant to the Council action heretofore, a copy of which plans and specifications are hereto attached and made a part hereof, are hereby approved and shall be filed with the City Clerk. 3. The work to be performed under STREET II�ROVII�LIT PROJECT ST. 1971-10 shall be performed under one contract. The City Engineer shall accordingly prepare and cause to be inaerted in the official newspaper advertisements for bide upon the malcing of auch improvement8 under such approved plans and apecifimc�tix��. The advertisement shall be publiahed for two (2) weeke (at leaet 10 days), and shall apecify the work to be done and will state that bids will be opened at 11:30 A.M. on Monday, the 12th day of ���j� 1971 in the Council Chambera of the City Hall, and that no bids will be considered unless sealed and filed with the City Engineer and accompanied by a cash deposit, bid bond, or certified check payable to the City for five par cant (5%) of the amount of such bid. That the advertisement for bida for STREET IIrII'ROVEI�NT PROJECT ST. 1971-10 ehall be substantially in f�sv� as that noted in Exhibit "B" attaci►ed hereto for raference and made a part hereof. ADO�TED BY THE CITY COUNCIL dF THB CITY OF FRI�.EY THIS 1aAY ' OF , 1971. ' AITEST: ' ' CIZR CLB�IC - lfasvin-4,.� Brunsell MAYdR - Jack 0. Ri�kham �� ' � � ' ' , 1 I_J ' ' ' 1 , ' ' ' ' ' , 11. PUBLIC HBALTH SA1�lITARIAN JANUEIRY, FEBRUARY, MARCH ACTIVITY REPORT 7585 Viron N.B. Plant sanitation complaint; made several surveys aad a written report; cooperated with State; problem being corrected. 695 - 57th Avenue N.E. Litter complaint; checked and discussed; also sent letter. Received a second complaint and sent another letter. 6410 University Avenue N.B. Litter problem. Checked and discussed over phone. 5791 - 2� Street N.B. Rodent complaint; sent letter on problem. 450 - 75th Avenue N.E. Hot water tank coa►plaint; checked and sent letter to owner. Has been corrected. 7549 University Avenue N.E. Miscellanenus camplaints on fowl and burning. Checked and talked to owner. 4715 - 3rd Street N.E. Dog problem iavestigated at request of City Attorney. Sent a report to City Attorney. Pollutioa talk presented to a combined group of League of Women's Voters in Robbinsdalc. � 250 Osborne xoad Complaint on spoiled food; took sample for analysis; reported back to complainant and food operator; no problem. 5370 - Sth Street N.E. , Several complaints on litter; sent letter again; previous problems; Issued violation tag on second camplaint. (second tag within a year) 5378 thru 5384 - Sth Street N.B. Several coanplaints on litter; sent letter again; previous problems. Issued two violation tags on rechecks. ( three tags within a year) 5701 flighway #65 and 5700 Polk N.B. Numerous litter camplaints. Sent anottur letter to management caapaay. WIIete three violation tags on rechecks and no ac�ion to clean up. 5347 - 4th Street p.S. Litter complaisst; checked and sent letter. 5908 - 2� Street li.B. - Insect complaint in building; sent letter to o�er. 100 Ventura N.B. � Litter complaint; initial surveq and sevezal rechecks; talked to awner. 173 - 49th Avenue N.B. � Litter camplaint; checked and talked to oWner. �� ' ' � � ' ' ' ' ' �I �� ' ' ' 1 � ' ' ' ' . •�4 240 Mississippi Food survey made and sent a written report. 1329 Rice Creek Road Dilap�dated building. 6100 Starlite Boulevard Litter complaiat. Has been corrected. Talked to owner. 6410 University Avenue N.B. Litter problem; took picture and issued violation tag. 7440 Central Avenue N.S. '�Spot�' check of food establishment . 8255 East xiver Road No sewer coanection and litter problem at this business establishment. Business establishment closed. 695 - 57th Avenue N.B. Refuse can location with no screening as required by ordinance. Issued a formal court complaint. Was corrected. 1631 Rice Creek Road Household waste dumping onto ground surface. Issued second forn►al complaint and has been heard in Court. Seaior High School Food Operatioa � M�et with person in charge to discuss preparation and hauling of food from central food preparation fa�Cility. 99 - 77th Way N.E. Several complaints on litter and air pollutiaa. Several surveys, phone calls, and letters. Has been corrected. 5310 - 7th Street N.E. Sewage complaint; talked to o�mer and fouad no evidence of such a problem. Told to clean up yard. 1476 - 64th Avenue N.E. =ard litter camplaint; checked and sent letter. 5370 - 5th Street N.B, Litter camplaint; checked and tasued secand and third violation tags on successive weeks; chronic problem. 5378-5384 - Sth Street N.B. Litter complaint; checked and issued second and third violation tags on successive weeks; chronic problem. 5347 - Sth Street N.B. Li.tter complaint; checked aad will have to do additional follow-up because of ownerahip problem. 1500 Rice Creek Road N.B. Hauling and filling operation. Memo to City Bnginee�c. 7451 Bast River Road N.B. - Food survey. ' , 7620 University Avenue N.E. Food survey. , 144 Liberty N.E. Litter investigation; requested clean up; second contact. ' 146 Liberty N.E. Litter investigation; talked to owner and requested clean up. ' 140 Liberty N.B. � Litter investigation; no one available; wrote letter. 160 Ely N.S. ' Litter inveatigation; sent letter requesting clean up. 5957 - 2nd Street N.$. ' Dog litter complaint; checked and talked to owner. Miasissippi and 7th Street N.B. ' Office coasultation on proposed kitchen. 5097 Hughes Avenue N.B. Litter complaiat; checked aad sent letter. ' 476 - 75th Avenue N.B. Hot water discoloration. Complaint checked and sent letter to owner. ' 6690 Lucia Lane Hot water complaint. Handled by phone and corrected. ' u 0 , ' � ' ' ' ' � �.5 ' ' APPOINIMENT FOR CONSENT AND APPRWAL BY THE CITY COUNCIL June 21, 1971 ' NAME POSITION SALARY REPLACES , Wayne E. $k Operations & Maintenance $718.00 Kenneth Arvola Man (SEWER DEPARTMENT) per mo. ' Starting date: June 21, 1971 ' ' �� ' � , �" , ' , ' . . ' � , 0 '� :. �. . �� C L A I M S June 21, 1971 GENERAL: #25379 through #25528 LIQUOR: #5681 through #5735 0 �� , LI3T OF LIGENS�.S TO E ' POBLIC p�G PI�ACF � Fis�eside Rice Hvwl e 7l�1�� Ceotral An�e. Fridley ' Clnb !�7 6061 IIui�ersity Av�. . Fridle� I3andee�e �e �t90 Central ' Fridlq APPROYED 7 COtJ/CIL AT Bys Glena Wong B7= Robsrt 3r�yder B7's williae� Weiaa ' FIR�RI�S DI3PLA7 100 1�rin Drive-In Fridley ' �Y= aobes't Brazil GAR�II(3B PIQ{Up � Christen Trqc]� 3501 Silver Laio��g,o� Minneapolia H3►s &obert Christen ' 30LICITORS --�_ ZO'� �Pl�nt ot AAeriaa ' s��, xsw,. ��"t �orott�y H�► RobeM �� ,25y.0 B. 2�t.�t St. K�nneapolie �''_ ��'t Cook FOaD 83T�,Ig� I�'ridlerp Zoti� Ftotba�l A C�na Park aso�. ' �'ridie� BY= '!l�a�as X3el�sa , _ .. �� APPROV�p BY Police Chiet Health Inapector Police Chiet Health Lnspector Polict Chie,t Health Inspect,ot• l�ire Inapector Poliae (��t Health Inspeator PoliQe Chie! Police Chiei Esalth I�aPecta� � � � K '�9 CONTRACTOR'S LICENSES TO BE APPROVED BY COUNCIL AT THE REGUI.AR 1�ETING ON JUNE 21 1971 BLACKTOPPING Lino Lakes Blacktopping 502 Lilac Street Circle Pines, Minnesota GAS SERVICES Sassco Incorporated 475-8th Avenue N.W. Ne�a Brighton, Minnesota GENERAL CONTRACTOR Amber Construction Inc. 6070 Stinson Boulevard N.E. Minneapolis, Minnesota Antler Corporation 2954 North Rice 6treet St.Paul, Minnesota Rodney L. Gooler, General Contractor 5618-56th Avenue North Crystal, Minnesota 55429 Jamison Brothers Inc. 8406 Suneet Road N.E. Spring Lake Park, Minnesota Wayne Johnson Construction 655 Center Road Frankfort, Illinois Scott Conatruction 1055-93rd Avernie N.W. Coon Rapids, Minnesota Shelter Homes Corporation 1550 East 78th Street Richfield, Minnesota HEATING H. S. Ho�witz, Inc. 1411-11th Avenue South By: Dale Ramsden By: Robert Jensen By: Norman Dalberg By: Douglae Chesnut By: Rodney L. Gooler By: W. L. Anderson By; Wayne Johnson By; Ruasel'1 Scott By: �Larry Laukka Minneapolis, Minaesota 55404 � By: Mayer KsuPP Sassco, Inc. 475-8th Avenue N.W. Neta Brighton, Minaesota MASONRY Rite-Way Engineering 2654 Lyndale Avenue South Minneapolis, Minnesota By: Robert Jenaen By: W. M. Steveas APPROVED BY Bldg. Insp. Plbg. Insp. Bldg. Insp. Bldg. Insp. Bldg. Insp. Bldg. Inep. Bldg. Insp. Bldg. Inap. Bldg. Insp. Plbg. Inep. Plbg. Inap. Bldg. Inap. � ' ' ' ' ' , ' ' , ' , , ' ' ' � ' 0 II� H•�rr L�id�s �' ._. . - 8� R��I Est�te 9roker, Business Qpportanities d22 WEST BROADWAY • M��Mip0lif, Minn�sots SS�II 521«tiSS �une 16, 1�71 Citg of Fridley 643�1 IInieer�ri�y A��nue N. E. I�]cidley, I�innesota Ret 5981 3rd St. 1Q. E. At i.e n t i on t �4r . Ge rald DaQ ia , C i ty ]�anags r Dear �3r. Da�isr . In reference to my conaers�tion with l�r. Vir�il Fi�rrick �oday, �re hereby state that se �a�ld �aeept �13,50Q.00 Yrom the �ity oi F�'idley � or the prapertY st 5981 3rd Street A► E-, �hich ia be ing turnact� iato a rosd�r• 1Pe hereby raqu�est that thie� m�ttar he plsaed on the nea� m8enda of the Caunail.f oa their con- s t d e�r+at i aa. � �f�(Cerely, / � � Ge idas Exe ut of the EBLata oS He ry I.d.ptd e s ' ' ' ' ' .1 ' ' �� � ' ' , ' , � � , ' .`� , � GITY OF RIPL Y ' � OUSE TRAILER �IPPLICATIUN ._ � �l --- -%� � � . ' ' • Aate . tC/°i/� ,�... / � G' :.� �=1 It is hereby requested that I be issued a house trailer pe�mit in compliance �ith Chaptex 41., City Code of Fridley, Minnesota, 1963 by reason of the following: � A. Name of Appli,cant: � - � `� - �� � / ((/ c J ' i Addxess: � '' ' ' ! � _ �r .� B. Ownership o� Trailer: �%� /,-� � �` � � '� - '� � �� � � C. Description oi Txailer (Make .�nd Size) : �� � � �/��� D. Name of Ownex of Land; �j�� L' ��/ ✓'� �- l' �' `/ � Address : /5� . � � � '�� 8. ,Period o� Time Txailer is to be Stored or Occupied: �� � f� - p. Use of Tuailer: �'/L' �,�'- � -r�j � � � f , �`i �'� , G. S�gnatux'ee of ,Ad�oining Pxoperty Qwners Granting Approval: � �� � �l�lJ.�' �E�v _"? �/�L''`��L.f� : 81 � k � 8. I,xation of Txailex on Proposed Yroperty (Attach Plat Plan of Property : f � ''Q `' '� �� '' '` �' � ��/ %�,,�.� .�I'�r �E' � �` /� i i�f .G /i/' � � �/�'' L� O f � �.C���ii/�i`� � /. I. iihere �xailex is to be Occupied, What is ; j�/ '�� " f 1. Relationsh�p between Trailer Owner � d Land Ownex:�� > t.�' ��� / /�Z. N a m e s a n d A g e s o f A l l O c c u p a n t s: e' ����� N�/�" •3. Fac�li� Fox Sfewage Aisposal, Water and Electricity: ^��/,,,�'�' ��°S%' . . l�, �nployment of Applicant: -- � --�' ' s, Whether Applicant is Constructing Home in Area: _ _; The application, when presented to �he City Council, shall show the reconmenda��or 0� the �onin$ Administrator and/or Building Inspector. . tlease find attached check in the amount of $5.00 for parking/$25.00 far ' �,occupying a house trailer. , . , � . �C' . ' Applicant • 'AeceipC No. s�i (o,�S I�icense No. AQprov�d By: r � ESTIMATES FOR COUNCIL APPROVAL - JUNE 21, 1971 Coms�ock & Davi.�, Inc. Coasulting Engineers 1446 County Raad "J" Minneapolis, Minnesota 55432 For the furnishing of resldent inspection and resident supervision for the staking out of construction work Estimate �k13 (PARTIAL) for Water Improvement Project No. 95, $ 389.33 Schedule B from May 3 through May 29, 1971 Estitnate ��7 (PARTIAL) for Sanitary Sewer and Storm Sewer Improvement Project No. 100 from May 3 through May 29, 1971 Esticnate #2 (PARTIAL) for Street Improvement Project No. 197Q-� frqm May 3 through May 29, 1971 � WEAVER . TALLE & i�RRICK lyay Retainer � Sale of Liquor Stores Fridley vs. Metro Sewer Board Right-of-way 61st & Uni v. (St. Williams & She11 Oi1) Fridley vs. Barbush (1Vorth Park Land Acquisition) Fridleg vs. Gbnsolidated Container SAV N7Z-02 SS #102 Sxpenses advanc�ed on 5-7-71 ' ' (June Billing) --9 hours --2 Izours --6 hours �-2 1vo�s --1 hour --1 hour --I hour 2Z hours 2l�TAL 99.26 859.01 $1,400.00 735.00 1.00 $2,136:00 • � ' ' � ' ALARMS FIRE DEPARTMENT REPORT FOR MAY 1971 Total alarms for May 1971 ••••••• 42 Total alarms for May 1970 ••••••• 32 Increase in alarms for May 1970 •••••••� Fire alarms January through May 31, 1971 ... 182 Fire alarms January through M�y 31, 1970 ... 165 Increase in alarms through May 31 1971 ... 17 /�utos � Trucks ,Gas Spills Houses Com�aercial 'Industrial Multiple Dwellings Rescue � lst Aid False '* Honest Mistake Stoves (in houses) Grass � Brush ' Mi3ce1]�aneous Total 8 3 0 1 1 1 1 2 16 1 42 General Alarms Company Alarms Still Alarms TYPES OF ALARNIS 35 Average response...19.54 2 Average response...11.5 5 Average response... 3.0 Three drills were held during the month of May, with an average attendance of 22.33 men. The North'Suburban Mutual Aid Association meeting was held May 25th in Columbia Heights. Those attending from Fridley were Charles McKusick, Ron Schoneman, Larry Hamer and Durl Smith. * There were 6 Honest Mistake calls this month. Several of these calls were caused by , linemen working on the telephone lines, and the lines connected to the alarm system wera shorted out, causing transmission of an alarm. One was for a fire outside our city limits. ' ' , Assistant Chief Art Olson and Firefighter Charles McKusick have started a program of making drawings and transparencies of all the commercial and industxial properties in the city. Thes� will prove useful in fighting fires in these occupancies, and also in preplanning. It will possibly be a ysar befoxe this project is completed. These men are doing this time consuming program on their own time, for which they draw no compensation. Qur fire ].osses for the month were under $12,000.00 for the month. This is a low loss considering the amount of pxoperty we pxotect. One hundred and fifty children and fifteen adults toured the station. ' I billed Burlington Northern Railroad in the amount of $450.00 for fires occuring on xailroad property. ' The Fire Depaxtment participated in the Memorial Day Parade. There were no calls to Hilltop Village . ' I left Sunday May 23rd to Southern Methodist University, Dallas, Texas, to attend a two week National Fa,re Department Management School. ' Meetings Attended: �I , Chamber of Commerce Respectfully submitted, / - . Hughes, e �, �.. ... .�.:`...� N � � � � � � � � � f-' N � f-' ~ � � . W N N � � � � � � � V V V �1 �I V N Y--�� F-• F� F-' ~ � F� . p.� F� F--' F-� O V t0 �1 � W �. W W O � F-' V f-+ O v � 9 � ro � � � 7 � � � � � � x rn o � . � a o � A' �c� o � � F, � � � � � r � . w v; r- � a x ,� x � � w � •- x � . 9 �, �. �� � � � � oa � �, � � - x � � O F� � � 1,••--. G� � � �i N � c�n Q. 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R. Cars 3,750.00 Contents $ 144.00 Contents $6,204.00 Contents 2,000.00 Deaths -o- -0- r�ay 1971 Total 12 0 7 0 47 5 5 ' 15 32 9 3 4 168 Total for year 5 0 Cars � Trucks $7,000.00 Cars � Trucks $10,754.00 Fire Prevention Bureau Summary of Activities This Month Buildings Inspected 24 Reinspections 13 Inspections other than 2 Buiidings Burning Permits Requested 2 By Inspector p By Others p Special Permits � Total 40 Orders issued � 0 rde rs Comp 1 eted 9 Illegal Equipment p Written Warnings � Verba) Warnings 15 Complaints p Fire Investigations 2 Extra Activities: Fire Brigade and First Aid Training at LaMaur Inc. Chamber of Commerce Luncheon Preparatlon of Truck Specifications Co-ordinate delivery on Civil Defense Equipment Arson Investigations Council Meeting - 3 hours This Month Las t Yea r 28 8 2 4 4 0 2 44 13 2 0 13 15 3 1 ►�Y � 971 Total 120 $3 46 7 1 0 3 253 11 49 0 18 78 8 36