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12/18/1972 - 5599� . � � � FRIDLEY CITY COUNCIL AGENDA - REGULAR MEETING - DECEMBER 18� 1972 - 7:30 P.M. � PLEDGE OF ALLEGIANCE: ' INVOClN_: � � RO L��_ ' PRESENTATION: � Presentation of a Snowmobile to the Fridley Police Department by the Fridley Amvets Club, Larry Conrad, President, and the Fridley Lions Club, Don Bona, 1 President � APPROVAL OF .MINUTES; ' Regular Council Meeting, November 20, 1972 Special Meeting, November 27, 1972 ' , ADOPTION OF AGENDA: ' OLD BUSINESS: � Consideration of Second Reading o£ an Ordinance. . Repealing Chapter 19 "Used Car Lots" of the City Code � ��'' 1- 1 C and Adopting a"Used Motcr Vehicle" Ordinance as Chapter 19 (Tabled 12-1+_7p) r , CITY COUNCIL AGENDA, DECEMBER 18,:1972 . OLD B�NESg (CONTINUED� Discussion of the Islands of Peace Projeet . (Tabled 12-71-72) • • • • • • NEW BUSINESS: PAGE 2 I'FII�1 N[JMk3ER & PAGE NUMgg;S • . . 2 Appointment oY the Cable Television Co�ission. . . . . . . . . . , COIyA1ENT: With the passage of the new CATV Ordinance, the former CATV Advisory Committee is now a Cable Television Commission. The Mayor has requested this item be placed on the Agenda for Council consideration. AL1 the members of the CATV Advisory Commitiee have been polled and are willing to serve. At the time of their initial appoint- ment, terms ot office were given for each committee member, you may want to start this new term effective January l, 1973) Cottsideration of Reapproval oP the Second Apartment . Building, 251 Units in Innsbrnck North lst Addition, �� Outlot B, Request by Darrel A. Farr, Inc. • 3 .4-4F CITY COUNCIL AGENDA, DECEMBER 18, 1g72 NEW B-ESS CCONTINUED� Consideration of a Request to Construct a 32 - Unit. . Apartment Building with 16 Garages, to be Located at 5k51 - 5th Street N. E., by State Lsnd and Development Company, 6229 University Avenue N. E., Fridley, Minn, and Receiying.a Letter From Sacred Heart pea-ish Waiving the Rights of the Public Heari.ng for the Vacation oP the Alley �� PAGE 3 �_ ITEM NUMBER & PAGE `NiTMgg;s " •••••• 5-5C Discussion Regar3ing Building Permit Stipulations. . for Viking Ch�,n.olet Located at 7501 Viron Road ��'''• 6- 6 A Consideration of First Reading of a Vacation Ordinance. . (SAV #72-05) by Leif Henriksen to Vacate all that Part oP 64'� Way Lying West of Riverview Terrace as now Laid Out and Travelled, Generally Located in Veit's Addition in Section 15, City of Fridiey ......7-7A e GITY COUNCIL AGENDA, DECEMBER 18, 1972 N�'W BUSINE55 (CONTINUED) Consideration oi First Reading of aa Ordinance. . Prohibiting the Possession or Sale of Certain Drugs and Related Parapherna7,ia and providing Penalties TherePore Cottsideration of rirst Reading oY an Ordinance. . Prohibiting the Possession or Sale of Certain •�� Barbiturates and Providing p�alties Therefore RAGE 4 • ITEM NUMBER & PAGE NUMgg�S i : ; ••••••9-9D Consideration of First Reading of an Ordinance. . Regulating the Purchase, Sa1e or Possession of Glue �� ''' 10 - 10 A and Related Substances and Providing Penalties Therefore Consideration of First Reading of an Ordinance. , Regulating the Purchase, Sale or Possession of Codeine �''• 11 and Providing Penalties TherePore Receiving the Minutes of the Planning Commission. . Meeting of December 6, 1972 '''••• •• 12 - 12 G QITY COUNCIL AGENDA, DECEMBER 1$, 1972 N�W BUSINESS �CONTINUED) Receiving the Minutes of the Building Standaz•�. _ �sign Controi Meeting oP December 7, 1972 �'' � PAGE 5 ITEbI NUNIg�;g & PAG`� • • • • . 13 - 13 E Receiving the Afinutes op the Boaxd of Appe�s. , Meeting of December 12, 1g72 . , , , , . . • . . . 14-14A e APProval of Fire Department Payroll from June 19, 1972. . Through December 11, 1g72 ...... 15 Consideration of Anoka County Assumi.ng o�. ge�th. , Inspector's I�ties •........i6-16c I � 1 CITY COUNCIL AGENDA� DECEMBER 18� 1g72 � NEW BUSINFSS (CONT3NUED) � � � , � I � PAGE 6 ITE�1 NUMBER & PAGE NUMBER� Receivirg Report and Consideration of Resolutiott on. . Sewer Service Charges for 1973 ''''• • 17 - i7 G ��SG - /972� Consideration op a Resolution Ordering Preliminary. . Plans and Specifications for Street Improvement Project �• �� 18 ST. 1973-1 and ST. 1973-2 (MSAS), Addendum �/1 ' �S7-�q�i 0 Consideration of a Resolution Receiving Preliminary, , Report and Ordering Pixblic Hearing Yor Street Improvement �'• 19 - 19 A Project ST. 1973-1 and ST. 1973-2(I�,pg�� Addendum #1 '°�` / S � / 9 7 L Consideration of a Aesolution Authorizing an3, , Ilirecting the Splitting of Special Assessments � on Parcel 1260, Section 3 ��I^�./4>L Consideration o£ a Resolution Authorizing and, , Directing �he Splitting of Special Assessments on . Part o£ 7,ot 13, Parcel 2100, Auditor's Subdivision #23 � ��60-� 97 L . . . . . . 20 . . . . 21 ' CITY.COUNCIL AGENDA� DECEMBER.18.� 1972. PAGE 7 � ; N2Mf BUSINE55 (CONTINUED) IT� �M�� & ' PAGE NUMBERS Appointment: City F�np�oyee. 22 _ 22 A I' .... ............. 1 : 1 ��.... . . . . . . . . . . . . . . . . . . . . . . . . . . 23 � • � � . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Licenses 24-24A ' ' Estimates. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 - 25 C � � Consideration of a Resolution Authorizing and Directing. ....... 26 ' �he Splitting of Special Assessments on Parcel 4800, Section 14 , - � �G �-is� � � Presentation by Mr. Dave Harris - Utilization of. . p7 North Park Area � ' � ' ' ' ' ' ' � ADJOURN • TME MINUTES OF THE REGULAR COUNCIL MEETING OF NOyEMBER 20, 1972 The Regular Council Meeting of the Fridley City Council was called to order at 7:40 P.M., November 20, 1972. PLEpGE OF AL�EGIANCE: M�yor Liebl led the Council and the audience in saying the Piedge of Allegiance to the Flag. INVQCATION: The City Manager, Gerald R, Davis, offered the Invocation. ROLL CALL: MEMBERS PRESENT: Liebl, Utter, Mittelstadt, Breider, Starwalt MEMBERS ABSENT; Nane PRESENTATION OF AWARD: Certificate of Appreciation Mr. John ivers - Fridley Human Relations Committ�e Mayor Liebl called Mr. Ivers forward and read the Certificate of Appreciation aloud, then presented it to him with a thank ypu for his services from the Gouncil and wished him wQll in his endeavors with the Boy Scouts. ADOpTION OF AGENDA: Ma,yqr l.iedl said there was an additional communiCation that he would like to hdve added to th� Ag�nda from John Dunphy regarding the need for raiirqad crossing klinkers on Old Central Avenue, MOTION by Councilman Mittglstadt to adopt the Agenda as amended, Seconded by �GounGitman Breider, Upqn a voice vote, all ayes, Mayor Liebl declared the mo�ion carpied unanimou5ly. VISITQRS: Mr, David Furness: We erhaeuser Co � � Mr, FurnQ55 eXPlained that there 9s a license dpDiication for apprqval by the Couneil �'rqm Had-A-Gali Rqqfing in the Agenda. pue to ciraumstanCes witM n thair company, he wquld like to Ghange the namg qn the li�ense applieation Co W�yerhaeuser Co. and requssted by Ddvid FurneSs, rather than Had-A,Ga11 Roqf{ng requested bY Wm. Huber. Weyerhaeuser Co. wi11 sCi11 bQ subcontracting the jqb opt to Had-A-Ce11 Roofing. Mpyat^ l.iebl tald Mr, Furn@&5 that #his will be taken care of under the ��nsidehatian of aPpravqt of licenses. ' REGULAR COUNCYL MEETING OF NO'uEMBER 2G, ?�de. ' t}r'iuE 3 a three year contract would be beneficial to the City of Fridley. As the '� bids came in, this fact became apparent. The three year b�ds on boCh the retrospective basis and the stiding scale were �he lowest. He would re- d commen the three year contract because of the lower cost and alsa ;t would require less administrative time and the City wouldn't require his services as often. Mayor Liebl said that he noted in the recomnendatian trat there �x�u3d ihen be ins�ituted a safety program. Mr. Shanley sdid yes, �he insurance ca�fd be purchased on the proviso that Fireman's Fund will guara�tee a minimum of four 5afety meetings dnnually. It hds been apparent that Fridley's ex- perience has been excellent in sane years and not 5o good in other years. It is hoped that the safety program would help to alleviate some ef �he accidents that have happened and reduce the overall cost t�� the Citv. Mayor Liebl asked about the coverage; not only should the bids be examined from the standpoint of lpw cost, but also good coverage. Mr. Shanley said that all the companies bidding are reputabTe compana�s ��ce;�sed to do business in the State of Minnesota and there was very liitle �o consider along those lines, they all give 9ood coverage. Each company is c��?� ;n t.„ giving Fridley the service requested. He added that the rates sr;o�;�a 90 down during this three year period, barring another unfavorable loss. Maypr Liebl asked the Purchasing A9ent, Mr. Gordon Middag, if he concurred in the recommendation and Mr, Middag replied that he did. MOTION by Councilman Mittelstadt to acGept �he bids and award the contract for workmen's Gompen$ation inSurance for three years to P.M. Endsley, the Sliding Scale Dividend plan in Firemdn's Fund, with a maximum three year premium of $84,249. S2eonded by Councilman Utter. Upon a voice vote, all dYSS, Mayor �iebl declared the motion c�rri�d unanimpusly. MOTION by C9uncilmdn Breider to ddopt Ordinance #524 on secand readjng, waive the r�ading and order publication. SeCOnded by CounGllman M9ttelstadt. UpOn a roll call vote, Mi�telstadt, Breider, Starwalt, Liebl and Utter voting ay�, Mayor Giebl declared the mo�ion carried unanimously. MUiIRM by Coun�ilm�n �rQider to adppt Res4lution �1��.��g73, Seconded by CounG�lmafl Utter. �?�,�ar 4iebl want�d to maks certain the three lots in Nami�ton°s Addition tQ I�lechanicsyille are to be held and that the assessmants on �hese lots in th� resplutian are to be paid ta �he City. The Finance Dir�ctor replled yes `_: bat,h qur;stipn�, TH� UQTE UPON THE MOTIQN, bs1n4 � voice vot�, a11 ayea, Mayor Lieb3 tieclared the motltan cdrried unanlmausly, ' � ' , ' � _' . ' i ' REGULAR COUNCIL MEETING OF NOVEMBER 20, 1972 MpTION by Councilman Breider to concur in the denial of the special use permit request by DeWayne Lennox. Seconded by Councilman Utter. PAGE 5 Mr, DeWayne Lennox said that he asked for the special use permit far the double bunga}ow because he wanted to live in the unit on the corner of 74th � Symphony & rent the other unit out, and he would like to build 35' Prom 7Ath like the other bungatow. He would be opppsed to putting this dou6le bungalow 22' in front of his other bungalow. He had told the neighbors that he planned pn building this house and swimming pool. One party dis- approved because his back yard would face Mr. Lennpx's. The City Engineer showed the plans at the Council table and the location on the overhead projector. Mayor Liebl commented that it seemed the opposition was b�eause-of the way the-bunga9ow wou�d face. -Mr: Lennox said he did not believe this was really the reason. He said he could put a double bungalow on Lot 5 and he cquld build a house on Lot 6, however, he would rather not because Lot 6 has a high water table and he knew of one house in �he area with a half-basement and they get water in their basement. Sin�e he plans on living there and he likes large baek yards, he chose to build one structure rather than two. He said he had asked the man across the street and he said his plan was all right with him, he had also called Ed Chies and he had no objection. He said he did not present a petition because he prefers to believe that a City Council would judge a plan on 1ts merits rather than public sentiment. He said he just bought these lots this year and that he has a nephew that lives on the corner and he has been there for many years. , Mayvr Liebl asked how replied that the land $5p,000. The SWimming � the price range of the S35,p�o to 8ao,000. � much of an investment he was planning. Mr. Lennox was $11,000 and the double bungalow wpuld be abput pool would be o'ver and above that, Mayor Liebl asked homQS in this area and Councilman Breider estimated Councilman 8reider said as he understood his Plan, his back yard; would front on Symphony. Mr. Len�ox said yes, then his back yard would be f��cing his neighbors back yard. He said there are only he and h19 wife, a�9 he plans pn two bedroom units, so there would be very few children; if he were to build the double bungalow and a house besides, there cquld be more children added to the neighborhpod. Mr. Lennox said that his objection to faci.ng Symphony was the contour of ihe land and beCause of alt the trees that would have to be removed. He said if the CounciT would 1ike to postpone their decisi0n, he could have his legal counsel cqme to the meet•ing and perhaps expiain the plan better, The City �ngineer said that ii discussions, that it wauld be peopl� in the area to �ttend. the C9unGi1 is considering some further advisable to have a hee�ring and invite the Councilman Breider called for the question. UPQN A RQLL CA4�, VpT�, Liebl, Utter and 9reider vating aye, MittelStadC "�°�� Starwalt vating nay, Maypr 1ie61 declared the motion carri�Q, ' R�GULAR COUNCIL MEETING OF NOVEMBER 20, 19iL � AAGE 7 , Subcommittee, and if approved,the stipulationS are to be made a part of the building permit. Seconded by Councilman Starwalt, Upon a voiCe vote, all ayes, Mayor Liebi declared the motion carried unanimously. ' � MOTION by Councilman Utter to receive the Minutes of the Board of Appeals Meeting of November 14, 1972. Seconded by Councilman Mittelstadt. Upon a voi�e vote, a11 ayes, Mayor Liebl declared the motion carried unanimously. OF INSTALLATION OF "WELCOME TO FRIDLEY" SIGN The City Engineer explained that as part of the agreement with Viewcon, they were to givQ Fridley an easement for this "Welcome to Fridley" sign, Since the time the agreement was signed, there haS been a change in State Statutes which gives control of such signs to the Highway Department. Naegele's hdve tried to get the Sign permit but so far have been unsuccessful. Before the Highway Department will consider the permit, Fridley will have to rezone the small area to comnercial or industr9al zoning, $ even then, the Highway Department must concur and could refuse. The reason this is being brought back tothe Council is to See whether the Council still wishes to follow �hrough pn the process of rezoning to get this sign. The City Attorney reported that he had talked to Mr. Naegele who told him the� in other comnunities they have gone through t�e rezoning process in order to meet the State Statutes, and have been successful in getting the permit from the Hiqhway pepartment. What the City Engineer and he would like to know is if the CounGil wants the sign badly enough to pursue this. Naegele's are willing to build the 5ign and dedicate one side to Fridley at np cost to the City, and they will advertise on the other side. Maypr Liebl said that he thpught the two signs fridley have now are very nice � and make a good impression for Fridley, and he would like to see this sign installed too, if possible. The City Engineer said that if this is to be followed through, there would be notices of the rezoninq Sent to the ' neighboring property owners, including some south of I. 694. Councilman Breider asked how such a piece of ground could be described. The City Engineer said jt would have to be by metes and bounds. Councjlman Breider 1 asl�ed how much would be needed and the City Engineer replied abaut 80 square feet, Councilman Breider asked if this could not be done thrpugh asking the State for a variance, The City Attorney explained thdt there is no provision in the State Statutes for granting a varianc�, so he thought it wou7d be , denied on the grounds that they have not the authvrity to grant one. He asked how this spat was determined. The City Engineer said that this is the . brqak between thQ apartments and the residential, and it !S also a high spot. , Further east the property 1& lower and the visibility would not be as good. MO7IpN ky Councilman StarWalt that, as thiS is the First in�Jication you are entering Fridiey frpm the east, he would like tp �e this pursued to See if it 75 feasible and if th�re are any objections. Seconded by Counci1man Utt�r, Upon a vo9ce vptp oll ayes, Mayor Liebl de4lar�d �h� mptipn �arried unanimously. , REGULAR COUNCIL MEETING OF NOVEMBER 20, 197;; ' ' MOTION 6y Councilman Mittelstadt to adop cliange as su9gested by the City Manager. Upon a voice vote, a11 ayes, Mayor Liebl unanimously. t Resolution Seconded by declared the , CONSIDERATION OF A REQUEST BY EDINA REALTY, INC. FOR P/iGE 9 #137-1972 with the above Councilman Utter. motion Carried The City Engineer said that on Page 11A is a map showing Skywood apartments and the tax forfeit land in question. improve their parking facilities and he understood there problems, ING OF the location of the They want to were some time limit The City Attorney said that there were some problems with the proposai of Edina Realty. They would like the City to buy the tax forfeit land, then sell it to them for the same price, hqwever, therQ are provisions in the Charter setting out Certain procedures for disposing of any surplus real estate, Another problem with this is if the City were to s*art picking up tax forfeit lots, then reselling them to people requesting them, this wou7d be circumventing the bidding procedure the State requires the Co�nty to go through. Mayor Liebl agreed and �aid the City is not in the real estate business, although he realized that this apartment complex did need more parking space. He asked if this lot is one covered in the resplution the Council Just passed that will be sold at the public auction very soon. The Finance Director said yes, it is the first one listed. Mayor liebl informed the gentleman from Edina Realty that the Council has alreddy acted to release that lot, so there is nqthing the Council could do now anyhow. The City Attorney added that he would be better advised to act through the County when they become dvailable. Before the Gity could do �ny�hing, the lot would have to be declared surplus property by ordinancg and published and this would take cons�derable time. I The gentleman from Edina Realty.said that the redson he made this request was on the suggestiqn of Mr, LeFebvre, County Auditor, He met with him and beCauSe Fridley�had not released the tax forfeit� lots, he cpuld do nothing. I He said the lot•has been used for some time and in discussing their parking problems with t�e City Hall Staff, they have fouhd that they do not even own the lpt, and they cannot expand upon land they do not own, He said that �ince the lots have been rel�ased, he will work through the County Auditor. � The City Attprney added that he was sure they could use the lpt until they purchased� t through the auCtion and na qne would mind, APROINTMENTS: (GITY EMPlOYEES) Name Pat E111s 664T Ghannel' Road Juel A. Marcer Position Effective Date Cpuncil NOV. 20, 1972 Sscretary. ED9lneering Secretary Ja�. 1, 1973 Re laces Juel A, Mercer Haz�1 0'Brian Herb�rt R. Zimnerman Petrolman Dec. 4, 1972 Norman Pomerleau � RE6ULAR COUNCIL MEETYNG OF NOVEMBER 20, i97t LICENSES CONTINUED: Food Establishment Tom Thumb Food Market 315 Osborne Road Off-Sale Beer Tom Thumb Food Market 3i5 Osborne Road i'AGE 13 Ap roved By Fee Health Insp. $12.50 (Subject to prorated final inspection) Health I�sp. $15.00 Public Sa�ety Director Garbage Pick-!lp Modern Services, Inc. P.O. Box 4445 Minneapolis, Minn. Modern Services, Inc. Nealth Insp. $25.00 Service Station Northtown 5tandard Robert R. Rabe Robert 7609 University Ave. N.E. Aldrich $30.00 MOTION by Councilman Breider to approve the foregoing licenses. Seconded by Councilman Mittelstadt. Upon a voice vote, all ayes, Mayor Liebl declared the motion carried unanimously. MULTIPLE DWELLINGS Owner Address Units Fee Approved By �.W. Li�dholm 5924 2 1/2 St. 4 $10 Robert Aldrich 2 529 Parkview Blvd, ' Mpls., Minn. 55422 Parlon Co. , 1675 Grand Ave. St, Paul, Minn. 361 74th Ave. ' Chris Jelevarov 160 Mississippi Place Apartment �1 Fridley, Minn. 550.32 160 MisSissippi Pl. � Maurice M. Filister 5750 East River Road � fridley, Minn. 5660 East River Road ° 5760 East Rider Road I " 5750 East River Road �� 5180 East R9ver Road " 5800 East River Road ' �� 5820 East River Road �� 5840 East River Road �� 5$6Q East Rtver Road 8 10 4 i0 42 42 42 42 42 42 42 42 Robert Aldrich Robert Aldrich 42 Robert Aldrich 42 Robert Aldrich 42 " �� 42 " ° 42 �� az �� „ 42 " „ 42 " " , , , 1 REGUTAR COUNCI� MEETING OF NOVEMBER 20, 1972 PARTIAL Estimate �10 for the Furnishing of Resident Inspection & Resident Supervision for the Staking Out of the Construction Wqrk for Sanitary Sewer & Water Improvement Project #102 From Oct. 2 Thru Oct. 26, 1972 PAGE 15 $ 2>878.6$ MOTION by Councilman Breider to approve payment of the estimates as sub- , mitted. Seconded by Councilman Mittelstadt. Upon a voice vote, all ayes, Mayor'Liebl declared the motion carried unanimously. �� FROM IN OPPOSITION - MQIION..by__Councilman Mitt�)stadL to receiv,e the �ommunication from Dyqert & Dygert dated November 16, 1972. Seconded by Councilman Utter. U�:cn a voice vote, all ayes, Mayor Liebl declared the motion carried unanimously. RfSOLUTION #138-1972 - OPPOSING THE COhB�1ISSI0NER OF TAXATION EXERCISING , E I __ E N ND E S S RV CES ' ' ' Mayor Liebl asked the City Manager to read the resolution aloud� which he did, with the comnent that this resolution supports the League of Minnesata Municipalities and deals with the rules which have been formulated in regard to tax levy limits. There is an undue amount of discretion on the part of tMe Comnissioner of Taxatiqn built into these rules. ' MOTION by Counci1man Mittelstadt to by Councilman Utter. Upon a voice the motion carried unanimously. ' adopt Resolution #138-i972. Seconded vote, all ayes, Mayor Liebl declared The City Engineer explained that Bryant - Franklin Corp, is asking approval fpr a foundation permit sa they can start their construction righ� away, because the weather Will not stay nice very much longer, and they wan�ed to get as much done as po5sible. The plans will be coming back to the Council at their next regular meeting after being reviewed by the Building $tandards Design Control Subcommittee. They will be putting brick on three sides and the east side will be block. MOTIQN by Councilman Breider to approve the foundation permit for Bry�nt - Franklin Corporation contingent upon approyaj by the Building Standards QBSign Control, and with tfie understdnding the plans wiil be Comiqg baGk tp Cpuncil for final revlew the first meeting in Dg�ember. Seconded by �ouncilman Utter. Upon a voice vote, all ayes, Mayor �,iQbl deClared the mp�1011 carried unanimously. REC�IVING CONMUNICATION FROM JOHN DUNPHY REGARDING NEEO FOR RAILROAD � K t MOTION�6y Counci1man Mittelstadt to r�ceive the communication firqm John Dunphy da�ed Nov, 17, 197Q. Secondgd by Councilman Utter, Upqn a vpice Yate, all ayes, Mayqr LiQbl deGlared th� motion carried unanimousjy. .s 4 THE MINUTES OF THE SPECIA'. COU'NL'II. P1liE1'ING OF NOL�EMBER 27, 1972 Mayor Liebl called the Special Council Meeting of November 27, 1972 to order at 7;35 p,M „ and said that this wili be an informal di.scuc,>,ion �.;n the funding proposa'. for the poli.ce Pension Association, specili.ca ll y an explanati.oa of the flewitt plan for f!.c:ding as opposed to [he Guidel.ines Act of 1969, ROLL CALL: MEMI3ERS PRESENT: Mitteistadt, Lreider, Staxwa?t, Lieb1, �'tter I�MBERS ABSENT: tione FRIDLEY POLICE PENSION gSStxIATION FUNDING• (HEWITT YLAN) The City Manager said that he would like to bring Councilman Starwal[ up to date, as he is the new mepiber of ttr Council. The City S[aTY has been meeting wich the Police Pension Associacion for some time over the problem of financing the program. The real bi.<<d came in 1959 WF1PR the State Legislature passed the Guidelines Act which required funding uf the normal coat plus interest on the deficit within t0 years. Fridley ;s not funding the deficit nor paying all of the normal cost at [he presenC eime. There had been a considerable amount of discussion between ttie Police Pension Association and Marvin Brunsell beiore he came on the scene. He said in January of this year he started meeting with the Police pension Association to try to negotiate, oX work out some s�olu[ion, The Council has been paying 21% of the police payroll as the Ciky share toward the Police Pension Yund. �his is not adequate to meet the Guidelines Act. There has been some thought given a reduckion in benefits or some change& to get the City �nd the Police Pension Association closer in regard to benefits versus money going into the fund. After s�veral months, the City received a letter from the policQ Pension Association indicating they would work w�th the City in tryj,ng to get the local employer share down to 21%. The Pplice pension Asaociation has asked their firm of actuaries to come to the Cw ncil meeting to explain a proposal called the Hewitt Plan. He then turned the Meeting over to Ken Wilkinson. Mr. Kenneth Wilkinson� presiden[ of the Fridley Police Pension Associat�on, said that in 1969 the Guidelines Act overta�sed the pxxvate pension plans throughout the State o� Minnesota, and it has been a battle since then. �t seems to Chem that one a�terna�e rather thaa reduce the benefits wou�d be to go the Foute of the Hewitt pl�n ot somethiRg sj.milar. This plan wouid change the requirements of th� Guidelines AcC� and would not mean a reducexon in benefits. Mr, Wilkinson then in�roduced Mr. Ed Delahanty of Hewi:c Associ$te&# and said that the poliqe Pension Asgoci.ation hopes thac aftet hearing the preseRCBtion, they will have � pavoFable response and pas� 8 resolytion endoraing the Hewi[t p�an, as was dope by t�� Minneapolis City �quncll. Mr. �d D�jahanty xefexTed ko the memorandum w�(ch ou[l;nes khE Hewitt plan put put by iiewitt As�oClaCes d�t�d 11-20-%2 (Iy-g37-30). The f�rst point is Chat before the Gu�delines Act there was a law which restricted pension plans to cert�j.n aeset accumulations. This means [hat a1.1 pension plans had tv �unctiQn on ��'pay as you ga" besig, and there were no xeserve funds. � I ' SPECIAL COUNCIL MEETZNG OF NOVEMBER 27, 19;2 PAGE 3 Under the Hewitt PLan, the reserves axe built up to a point 10 times greater than the ult�mate benefit rate, then held at that level forever, with enough put in to pay the benefits. Under the Guidelines Act, this continues to grow, MaYor I,iebl asked if there was any city in the State of Minnesota that meets the Guidelines Act, Mr. Delahanty said that everybody has 10 years to reach [he maximum contribution, but as far as he knows they are meeting the payments currently required. Minneapolis has met their goal for the lasZ two years, next year they are in trouble. The City Manager asked if someone on the Police force in Minneapolis were to bring a lawsuit ce- quiring them to fund along the Guidelines Act, would that lawsuit be suc- cessiul? Mr. Delahanty said he believed it would be. Minneapolis has Iooked at_.the Hewitt, Plan and agrges with the principle, Mayor Liebl said that it seemed that the Guidelines Act was written so there would be money in case the who]e Police Department was wiped out. Mr. Delahanty said no, it was written more on the 6asis of i: the City were to go out of operation, they would sti11 have to pay all the retired men plus a pension to those men still, working when they retired. He arlded that there are some death benefits provided for in the pian also. Mayor Liebl said there are 23 men on the force now, and'it wiil go to 27 in 1973. Does the accrued liabil�ty increase or decrease? Mr. Delahanty said it would stay the same. To arrive at the percentage of payroll needed, some hasic assumptions are made, such as the ultimate projection of quits, new hires, mortality, etc. and are a11 calculated to arzive at what the benefit cost would be. In the case of Fridley the cost level would be 48% of payroll. The maximum benefit payout is about 40% plus an 8% in excess of benefit payouts paid for SO years, which would develop a reserve of 10 times the benefit payouts. Mayor Liebl asked if these percentages in- Cluded the escalator cl$use and the current age of retiremen[ and Mr. Delahanty replied yes, bu[ the percen[age would not teach that level until the lOth year. He added that the City of Fridley will build up more in �ecurity than Minneapolis wil�, the total reserve wi11 bu�ld up very �ast. The Fridley force is rather a young force. MayQr Lieb1 said that it geems that 21% (Fridley's current payment) would be �ound and would amounC to a considerable amount of money, but accordxng to Che Guidelin'es Act, ik is not. Councilman greider asked for a hypo- thetiqal example of how the accrued liability is arrived at. Mr. Del.a- haaay said if, for instance, a man worked from the time he was 35 until he was 65 for $1000 per ye$r. After he is 65, if he wou],d live fo� anoeher LS years, and if he weie to get a pension of $1000 a year, there would have te be on hand 15 X$�000 =$15,000. This wo�1d mean that $500 per year would have to be seC aside for him in order for him to have the $15,000. The problem in lopking at [hese plang �n 1970 is that some of the meq have already been working £or a company for some 10 - 15 years so this is a ready-made de��cit. He added that i,n their comgutations� �he interESt rate is aLready bui.lt in. Counp�lm$n gxeides asked hoW much Ls in the fund now. Mr. ,7ohn �lnderson replied about $z8Q,000. �yor Liebl asked if it was agreed �Q ��.ange the xeEirement age �tam 50 to 55 or lf the escalatox cjause was dropped, wouldn't that affect the Guid��nes Act7 �ir, Delahanty xep]ied yes, the , � ' ' ' ' , ' ' a SPECIAL COUNCIL MEETING OF NOb'Eh1Bf:f: °7, i;`7t ?'A": i Mayor Lie6] asked if there would have to be additional tax money to im- �� pl.ement the Hewitt plan. yr. Delahanty said yes, and added th�t Plinnea- polis and St. Paul have passed resolutiuns endorsing Che plan, he did not know what other cities have. He said [hat under the Guidelines Act, todays taxpayer is further burdened by heavier payments in the future. The Hewitt Plan stays the same at 48%. He said that it seems to make sense to him for the taxpayers [o pay the same today as in future years. The payment in 1980 would be the same as in the year 2000. Under the Guidelines Ac[ the 1580 payment would be higlier than in :he year 2000. � Councilman Rreider asked how they arrived at the 48% and what wouid happen if there were more men on retirement than working. Mr. Delahanty said that would never happen following the mortality rates as we know them. Council- man Breider asked. how many there wuuld be in the next 10 years. (3fficer Wilkinson replied 4 or 5. He added that even if a man puts in for 20 years, he cannot get any benefits until age SG. The City A[torney said that ]0 years from now experience may show that the 48% may be higher or lower tlian necessary so that amount cnuld vary, based on ac[ual experience. Mr. Dela- hanty said yes, the same is true of the Guidelines Act. The best estimate they have now is 48%, [hat could change in the event a cure is found for cancer & heart disease. If their basic assumptions are t:c;, then yuu wi11 never pay ou[ more than 48% so the reserves would never be tou�:hed. The City Manager asked if Mr. Delahanty felt that this plan would get ' � through the Legislature. Mr. Delahan[y said yes, this, or a simil.ar pLan. The LegislaturQ is taking the HewitC plan seriously. It has been studied to see if i[ is technically correct and a memo has been wri[ten back stating that they found it valid. The basic question that must be answered is ' whether you feel the reserves are needed at the Level provided for under the Guidelines pct. They, aC Hewitt, feel they are not. Councilman UtteT asked how the Police agencies in the State of Minnesota Feel about the Hewitt plan. Mr. pelahanty said that even though the plan would destroy some funding and there would not be as much in reserve, he has not found any police pfficer that has said they did not like the approach. Mayor Liebl said that the City of Fridley would not be in a positiun tu finance�the 1969 Guidelines Act and he thought it was irresponsible of the Legislature to put in force such a plan, then put a limit on che locai tax structure. This wouid seem to be a conflict. Councilman Starwalt said that in ��4 of the memo from the League of Minnesoca Municipalities> they point out tha[ the whole inCention of the Hewitt Plan is that the de�lcit need not be paid off, and as long as gridley stays in an}stanc� no one need Worry,. The City MaRager said tha[ the basic [heory of private pension fundiRg is that When a man wo�ks for you, you put So much in the bank fpr him end wheR he retires, that money w111 be WaiCing for him. j�e said he 1,& ppt as suxB Qf the governmenk�s ability to com2 up with Che necessary �unds as Hawitt Agsociates is. Gouncllm�n StarWalt esked what was his &u�ss that Ch� Hewitk`PLan would be legislated lnto law. Mr, Aelahanty said chac was difficulG to predict, how�Ver, b�tween this sesston and the next s�ss�qn khere wfll be a�ot o� greg6uTe CO chan$e the Guidellnes Act both from the Pojlce p�nSion Associations and also okh�r sKetes as they realize that they do not need Ghat kind of r�sp�;vss, 7 SPECIAI. COLrNCIL MEETING OF NOVEMBER 27, :`%"IZ IrAGE 7 , Mr. Jim Hi-i;, Assistant City tlanage�.r/P�.;b1ic Safety Director, said that hir. , Delahanty t�ad spoken of Police and Fi:e PERA as only about '-� as benefici.a'. He said he did not think so a��d pointed ouc tha[ chere are many �najor Policu Departments with 3- 4 pensiou plans in uperation with PERA beinz one ot them. , PERA does have certain advantages. I�1r. Delahanty s,iiJ that the PERA cun- tribution is 19%, the Hewitt plan is 48% and the �.�-��idelines Act would be 6�+%. PERt1 pays 50% of average career salary, Hewit[ would pay 46`/, of the final ' aver&�e s�laxy escalated. Mr. Delahanty said that the dssets under PERA would cover 96% of the ].iability, and under the present plan the deficit is about 85% of the plac7, or about 15% funded. He then offered the following table on the blackboard; Benefit after 20 years Vesting $�ryployee Contribution Total Cost Percentage Retirement Age FRIDLEY 46G of f.inal pay esca- l.ated. 20 yrs.=L00% 6% 48% or 64% 50 PERA 50% of career average pay. 10 yrs. =100'% 7% 19% 55 The Police & Fire PERA fund has $26 Million in assets for 280D people and is 96% funded. The Fridley plan has $280,000 in assets to cover 21 people and is 15% funded. r Mr. Hill said that there seems to be �ome confusion in the minds of the Policemen; they Chink th�t money should have been sent directly to their treasuzer. The Finance Director said it will be, but it still has to be Shown on the City books, so there will be a record that the money was received. Mr. Hi11 said that it seemed that the 6% from the State has been figured into the 21% o� eatployer contribution. There wi�? be another check for aUout $21,000 for 1973 and he wondered how that was going to be figured. The �inance Director sajd that it is the City's obllgation to turn the money over to the Treasurer of the Police Pension Association, but whether it will be fig�red as pait of the City's 21% has not been answered as yet, so tega�dless the pen�ion Asgociat�on is assured of the employer's share of 21%. The City Manager added that he had received no direction to the con- trary. OPficer Wilkinsoq Said that when the 21% was settied upon, it was assumed ehat anything ovex apd above 21% would noC be included in that �1%. .tayor Liebl said yes, thiS Was so that the Council would know just how much Chey k+quld have to l�ud&et to pay in the �uture. Councilman �Iittelstadt added that anything addi,tianal goes into Cheir treasury. p�fi.c�r Wi�kinson said, as Cp negotiating th2 Pension plan eyery fpµr years aS khe Mayqr menCioned, they would like to set up a long range plan to bring � i.t down to the 21% level, and that at some point in time thexe shQUld not ba a need fpr furxheT negoti�tions. The City Manage; said th�t on behalf af the pensi.on pssociation, Chey have been dealing in good fai�th in trying to reaeh � solution, they �e�� the punding is unrealistic a1so. OfYicer Wilkin- so❑ 6ald ChaC �f Cbe geWitt plaR qr onQ like it was pas$�d in the next session �f Che I,egislature, Chat Would b� a sCQp in the right directioR. Mayor Lie61 asked Che Penszon Aaeociation 1� th�y are asking the City Council to pass a resvlution endoXaing the Hewl.kt plan and Off�cer Wilkinson replied yes. � � r � QRDINANCE k:�J,_�.____ _ AN ORDINANCE �2EPE;AJ,I,t�G C1iAYTER ➢:� "USED Ct1R Y.1�'�ti" OF THE CITY CODE AND ADOPTING A"USED MO'POR VEHICLE" ORDINANCE AS CHAPTER 19 • '�.01 The follOwang definitions sha1S apply in the inkerpretation and ' application of this chapter and the follow�ng wbrds and terms wherever they occur in this chapter are defined as fo2lows: ' ' ' ' I I9�? ' 19.03 ' r� � , ' 1. A dea2er in used +�tor vehicles is any person engaged Sn the business of selling, exchariging or otherwise disposing of, displaying, advertising pr offerin9 for sale, used or secondhand motor vehicles as a principal business oT occu,pation, or as an adjunct or incident to any other business or profession. 2. A motor vehicle is any new or used autotrabile, truCk, motorcycle or otheF sirtular vehicle propelled by a moto�r.. / P�yWv�'y' � a'°�J"'�ii� ' w `�p'�.°"-v°c�.cr_ NO perso"n�shaZ1 engage in busipess as a dea2ez in used motor vehicles in the City without first obtaining a Zicense as provided herein: Th� application for � Z�cense shal� be made in writing, signed and vezified by �e applicant on forms prqvided by the City. The application sha11 state the nam� pf the applicant, his age, residence, and if a partnership, the names of a11 partners, and sha11 be verified by one of them, and if a corporation, the names of A11 the officars thereof and certified by an authozized ofFicar, and if eddit3onal licenses are appjied foz, for more , thdn GAe placa p� buszness, the a@dresses of suqh addStional ,p2aces af bus�ness shali also be stated. The application shall' state the business artd residence addressea of the applicant for A peYiod of fiu� yeaT� pz'ior tq the date tbereof and whethet tha app2icant is the sola owner of the business to be conducted a�ld shalZ state that nv other persons tharr those named in the dppl2catlon have ar�y interest iA the management and control of such bustness. ` 'I9.Oq The annual Zicense fee �,s $10(y/yeax �kad CxpiYdtloq dats shall be AAril 30. # '19�OS ' 19.06 , '19,A7 ' 1 . EaCh .ilcensee sha21 have an @stablished place o� busiqgss and �each ltcs�se aha.Id authosize business at only'the desi,gnatad prem.ises. Zf a licensea has more than one p1�c� of business a�eparate license is required for each. Lioenses issued undez th.is chapter may not be transfer:ed Prom person to �rsoq, but may be transfecred PFOm p1ac� co p1a�a w�th the cans�nt o�` the City Council. �RCh apylxc�tion sha11 be sCC�omganled by a bond for SS,QOO,OQ whtch sha�il rwa tq the Citg and t�e for the beneP't o1' any perso�, f,zrm, or CoFpATation wno shall su�t3it� an;� inti!;rJ ar da:ndga G�ver�d u� the LpAd. Such b::,-yd sha1;, he execute: by TM,�o qji�a3,�cdnk as pr�nciptil and, as surety, �iy a CoFpPZat.1a,� �rh,i�h �a li�ensad in th�Ia i4at� to trans$c� the au�iness vF i`�dal�ty and suraby tasusance.. The bond sha11 be cond�tioned DEFINITZONS LICENSE APPLICATION FEE SEPARATE LIGENS�'9 TRANSFeR 80N0 ]. = � ' ' ' , L� � u LJ ','_..08 � ' ' that the principal wi11 indemnify any an� -__� �e,$c.:s, °irr.= cr corporation for any direct loss caused by the princip.:[, :.. his agent: 1. by dishonesty in the sobstitation of a mocor veh�cle or a part thereof other than the one select�d by the parchaser; 1. For failure to deliver a clear title to those Ieyally entitled thereto; 3. For any misappropriation of moneys or property belonging to a purchaser being made in payment of a motor vehicle sold by the principal; 4. For any loss due to an alternation of a motor vehicZe on the part of the principa2, or his agent, so as to � deceive the purchaser as to the year or model oi any motor vehiclz so13; or 5. For the violation of any of the provisions of this chapter. Any person, firm or corporation sustair.`ng an injury covered Hy. this bond may, :n addition to any other remedy that he may have,'�� bring an action in nis own name uoon the bvr.d for the recovery that of ar.y dar.:aye sustained by hin:. Eac.h 1�;:er,see nee�3 Yi1e � only one bond reyardless of the number of .icenses !�ei:1. Each licensee shall at the time of any sale yive to the purchaser SALES SLZP of a rx�tor vehzcle, a plainly written statement siyned by the � licer.see, his salesman or agent, showing the name of t'�e licensee ' and his address, the narne of the person ma�cing the sale, the date of the sa1e, the license number, if available, and the serial nur.rber of such motor vehiclec:,, the purchase price, wi:etr.=r in cash or on t�rms, and if on terf:s, the totai time price, i::cluuing insurar,ee, itf any, and if such price includes t.he ��=t o: i�surance the type and coverage afForded bu such insurance, togetner wi y� the cost of each iter; of insurance; r.o sale sr:�i1 be deemed tcr have been crompl�-ted iu�tl: tne i�o��egoir�y ^*_ace:ne,r,�.� i:: writing sh� have be�n delirerei to the purc.haser. � 1 ' I9.091 The registraCion or title ca:d or bz11 of sa�e fur .sny rirotcr RECISTk�.:u;. vehicIe sold sha11 be forwarded by the de to che Secretar� �� of the State of Minnesota not laterthan fi ays aFter th_ uat� ' of the sale. No dealer shall receive and refus: �o return to the owner any reyistratlon or ti::1e card for the purpose of compelling the owner of such card to purchasa� a motor ve,•�ic:�� , from Lhe dealer unjess �uch dealez -s ceady, w:ilir.�_, and ai�ie e� comply with tne terms of the concract or a�raen.e�nt for tt�e sale of the motor vehic2e. ' 59.032 ' ' No dealer or sa;esrran, or employea of such dealer sh.ai2 ad✓�rt.-a any rriotot ve!�ic1e as being scld by t':r. own�.r thereof �t tha ownet'S i�e�+� oF zesidence, if such rator venicle is accually pwned or oonsigr�ed to by �jte licensee and sojd as p�rt of his business. No licensee sha11 use any advertising which is not acetu'ate'in aI1 its maYerial oartic+�l.zrs. or which niisz�epresents merchandise, ir+clud.ing ics use, yrad,;, quality, ori�ir., oi' greparation or credit teims, values, policies, or services; an1 no licensee s�al1 use advertising er sel2ing n��/:qc�s Whici: a�r.d �° 4�� t9�dzX a��#�;z Qr m;i,��eaa cn� p:,hr��. :iD'✓iiti�:"1'... , lA Ir l ' I'� 19.10 If any licensee shall knowingly se11 a motcr vehicle which zs stibject to a mortgage, Iien or payments, the licensee shall furrtish in writing to the purchaser definiteiy stating the amount . pf such mortgage, lien or payments, and.the name and address oF the holder or owner of such a mortgage, lien �r other iqdevtedness. M � 19.11 Each licensee who se11s a ased motor vehicle directly or indirectly SALES ON CR�'DIT , on credit shal,j disclose to the person purshasing such motor vehicle a11 chai'ges payabZe directly or indirectly by the person to whom the credity is extended, ancluding: I� � , ' ' 19:12 ?3 �� ' 19.141 � ' I. Znterest, time price diffezential, and any amount payable under a system of additional charges. 2. Service charge. 3. Loan fee, finders fee, commis�ion, rebate or similar charge. � ' 4. Zdentification or credit report fee. 5. Premium or other charge for 1ife, accident, health or other insurance, incIuding commission or zebates. No iicensee sha11 use any public street in the City for storage of motor vehicles. No Iicensee sha11 obtain the signatare of a purchaser to any blank contract, bill of sale, or other writing or memor1�Zating to the sale of motor vehicles. No Iicensee or agent of such licensee sha11 se11 a used motor vehicle intended for use upon the pubZic highways wzthout first certifying in Writing that said used motor vehicle complies with the Fequirements of Minnesota Statutes, Section I69 and that it �5 in condition and repair to render, under normal use, • satisfactory and adeqt�ate service upon the highway at the time of delivery. 14.142 The failure of the licensee or his agent to deliver to the , putchaser the certificatinn required by this chagter and the deltvery of such certification knowing the same to be false or mis2eading sha1Z constitute a violation of thig section. ' 29.15 , ' 1y 1b ' ' No Zicensee or agent of such licensee sha21 fraudulently change, set back, or disconnect, oF fail to connec t or cause the f�ilure to connect ang speedometet of any used motor vehicle for the urpose of effecting tha saie of such used motor vehic�e. � Plovided; hoWeuer, it shall not be unlawful for a.Zicertsee or his agent to affez a used motor vehlcle for sale with the sp�edometer ,reading thereon turned back to zero. It sha11 be unlawfuZ foz dny �ieensee or agent of sac:^. lzcensee Ca .refuse ta furnishE upon request of a pzospective cur�haser, tne �r�ma pf �Jxe previqus owner of any used motor vehicle oiiered (cr ,sa16. STORAGE BLAfJK CONTRACTS CERTZFICATION REQUIRED FAILURE OF CERTZFICATION SPEEDOl1ETER BPMPERIIJG � � rRevmus c:�;.ve�: : � , , 19.17 Phe provision of this chapter sha21 apply to aII sales whether or not the motor vehicle sold or advertised for sale is owned by such Zicensee, or whether he is acting as an agent or consignee for the owner. ' 19.18 � I ' 19.19 ' , ' Licensee or his agent, sha12 sel2 onlg used rrotor vehicle to which licensee has registered titxe; and it sha1l be unlawfuI for any Iicensee, or his agent, to j�unp or tranfer title of any motor vehicle from any seller to licensee or his agent directly to any purchaser of iicensee and or his agent. The City CounciZ may revoke any license issed under tnzs chapter, upon adeguate notice and a hearing before the CounciI, if requested, on the foSlowing grounds: 1. Any violation of this chapter 2. Revocation of etsed or second hand rrotor vehicle license by the State of Minnesota 3. Failure of continned occupancy of an established place of business � 4. yaterial misstatement or misrepresentation in application ' � for Zicense or renewal thereof. 19.20 Anq violation of this chapter is a misdemeanor subject to a11 ' penalties provided for such violations under the prcvisions of Chapter 205 of this Code. PASSED BY THE CITY COUNCIL OP THE CITF OF FRIDLEY, THIS , 1972. a � ATTEST CITY CLERK - !NARVIY C. BRUNSELL First Reading: Novem6er 6, 1972 Second Reading: Publish: MAYOK - FIiANK G. LIEBL 1C APFLTCAOIL,IT k" TITLE REVOCATICN PENALTIES �� ITEM �k2 DISCUSSION OF THE ISLANp OF PEACE PROJECT r , � Z ' ' ' , �HAIRMAN , ' ' ' ' ' , ' ' ' i , ' , ' ' CATU ADVISORy COMMITTEE - APPOIMED BY CITy COUNCIL Jl1NE 12, 1472 h nance 96, Sec,tcun 2B Fa.the�c Ed Chmi.e2ew4h,i. 6120 5.th S�eet N. E. 560-5600 Mha. Scucbcv� Hughea 548 Ri.ce Cneeh Te�vca.ce vca. 560-2618 hUc. John Ha,i.ne�s 2J5 Cncu.gbnUalz [Vay N.E. 184-0887 Mh. Dean CaXdwe2@ 58�4 Hachmavin Avexue N.�. 7&8-6973 Mn. Tom Myhna 6360 Ab2e S.tice2t N. E. 560-2433 0 e 2 yecut Te�un 3 yean Telun 3 Vean TeJUn 2 Yecvc 7ehm 1 Yean Teh,m � F :i' � , ' � 0 'ry_. _ � I ; F / �►�.�..�..�,a,,:c! ` � . _ ., /� - i .__ . Agree:nent between Acres Inc. and the City o£ rridley EXfiIB I'^ � p � �2ee ,, �<., � ; E'� ' .� a fit � �, ��,J `�9�'' . . . � �^� `� L�C�. �r•,. � C� r�F.-r-. ��,�.,�: � ,�,, : � _ ��.,,. bs i ; titi �..I.�..I. � �°' _� �_ ��6•� s�:� , ii .a�,`�� I�LI "'. ,,. y„ , I � -1`a': • r, � - _ �p p ` _ P � l • . A/ p`_ -� 5. � ' ' �f rn� iL'. . � . � .' . . ! � r'r�- ��^ ` . � .N�"LOCAry�y::� oP�� I : . � - :� ��.aoEao 5 � � �_ ., �a� `�.�� _G �•v „� � 9 . �� 6� '!_ . `R�� . NlOPo9��Pa.I..�/8`��, I..,� � 4 � ' occ� ;4w. � I 6RACE CAIMOLIC � 40 •• � �.`+��- ; ; wiwi :cnec� I ` _O�� p,,u —�I � ' � �� .r�'` � ias ��G R�. � '� � :?� .?— �•3 � I l �a !� .I .50�.51 . ...�. �, w1z se jy scc. za ��.,'.�. . �� J C %_ .SE%s OEGN � �� .� - �' � .Gurc.r i J:L�e - �-, �`'�� D ! �' ' raovoseu � � ��y_ } ' 120 IFSIDENi14L _" rRE20NING ` -I _ {Q��{ � �� 1 IOTS fRON 11-� � �` TO R-� � i'" E � Ia / %� , . . ;.:=�'�'4 � , c G��ir� � i i .� �` � J :.s . : `� , . _�� l 'Owrier• � b Ownez: : = -"�/ A 'K?\ In . Acres In . �Ke 1�! t �� , � ��AL...I�%2� ,.I�ix i� �F"i :� � � �r�T . G a�L, i . , + .� 1. �Y -49 �� + �=- _rt_ � � � � i ' f�r a r- �. rSL� 1 '. ( s , �r{F'pi�.,L 1,; �' � C-t :, �.J l'r �`c'' �{: �.� � � �� .l_� . .� . -K ':rr's'`}f§ �� ' �� : n.� ;.; ';h��j��,� � �. �tt,�`P�`.. . _ }r- 1 '--r . :i � S �r �'�.y-� s. �Tf'J� v / . �I�J}'�� .�''2�—e-� : �,] ' Cj '1'!'J[ IrlY�4E•7 6�p �•�~X � }�F�1_ ._ � �l1 1� ^4�• Lo� i % �,� 4it1 � �� "r � x, � S� �)4 s. � 7 �� o� .L �r,-�,� S _ ..�-q. ��.tf•_l,Ve"r� '.tT -_, :S.a� . �I �I. I� I� 1\ w��-- (==- �,-. . � �-! (Q-. � , �---- r;� C��- l,- I � P- r /7? T. %� � Sr, �n� Ll LJ � C-2 (�-=, ma c-� (f- . / 4 ru sr � t----- t ,Y�� -- �AOpOSFO� f�5E4EN7 : — I i�- 1 I70 SIIVER �6X! R0: � � I � .� � - - I ! -- `�/!-' \ � �' _ . f: � `\\ ; ., ::; ��`� : '_F� __. ...: � �� ; _ _ .... � .... � � ::,.� F\'.•� ,� ._ �',. � , �"�' � � _ . .� " . ,_ ` �� _ II� � I ' , REGULAR COUNCIL MEETING OF JUNE 21, 1971 YncE � ' Councilaan Liebl asked 1t he would want a public hearing before the Council, and added that is the appliaant'� prerogative. Mr. Sokolowski said yes. Councilman Liebl said he would like to see if there is any objection, He ' added that there are gas stations that go out of busineas and he wonld want the man who runs the station to make a go of it. He aqreed with Councilman Hatrls, he would like to wait for the information first. at sane point the ' Couz�cil must say no, theze cannot be gas stations on every corner. He asked WhY the owner of the land did not get in touch with Yive Sands, they should have wprked toqether. This 2and was a mixture of three diPferent zonings. Mr. Fudali has a considerable investment in his property. , � `1 ' r`` � 7 , _o �` � � � _' � i ' ! i 1� I ` � ,. �' '. � Cauncilman Breider asked when the public hearing could be. The Gity Engineer eald there was no requixement for a public hearing, so 1t could be held anytim�. MX. Sokolowakl asked if the critezia the Council speaks of would be �eveloped by July 19th, and the City Enqineer said yes, MOTION by Counci7awn xarris to set a public hea=inq date of July 19, 1971 for the request for a special use permit, SP #71-08, by SkeJiy Oil C�p�Y• Seconded by Counci7anan BXeider. upon a voice vote, all votinq aye, Mayor Kixkham declared the motion carried unanimously. a. of OF OF That portion of the E� of N694. i �Phe City Enginaer reminded tha Council that they wanted to a�so discuss the apartment coug�l�x covered in the euilding Standards - pesign Control Minutes at thie time, vrith the discwsion of the tawr�houae development. He sho'Wed the plans for Phase x of the apar�cent complex and said Suilding Standards - Desiqn Control recoaaaended appmvql xith some stipulations. It is to be an L shaped building using a rustic type of sidinq. Mr. Chuck Van Eeckhout sha+ed the Council a map which Tep;ea6nted Silver Lako Road and Paat the psoperty they plan on developing. New 8xiyhton is plannlnq a lot of com�rcial activlty north of the inte;s�ction. Vievcon ie now planning Phase I of tha tawnhouae development and Phasa I of the aparl�ent com�lex, plus the aiaqle lasily daellings. They are khs voAtsaat fvr deod puschqaesr but the deed hae not baen recorded yat. Thay are �till talkirg Mith Elev� Ssiqhtonr but these hae iwt yet bean tos�M2 a�sov�l. Councilman s�ssi� +�k�d tfiat ter. van asald►out ldentity tM �laql� �+Wlp lota on tlie mapr v►hiafs tlr. Van 8scictwut did. Ite said there ws Nws and wat.�r nMr the ises- � r� apd ro thls is tlt� uea tiNy ylanapd oa sewxtlnq. CounCllMn lt�sri• �sksd j nhnt type oi homeo tMy woule bs �►e Mr. v�u i�ak3qut said ris> •tcrY. sP11t i lev�lr x� ap11t fayes;. and � sa�blez. Cou�ilwa H�sri* ��Ik�d t�Ks price � r�qe an4 Mr. Van Eeckhottt r�pli� �=een 545,000 to i6C,00U. � Coµnallwn 8�rriw psked the dansity of Phase I o; �hs towi�usa dovel4yment, � �. Vau� Twokbapt �aid he beliitr�d 1t war 9 per I�s�. Ih addad that' in mrnY tAMe►h4uso Aerwlopmsnta, tM d�A�ity is 12 p�F aar� a�d �'.A.11, tecawmea4� 1Q. iN 1u#doG ttwy wpulA sell tos �boqt 827,OOR to +�S.o00. TMmy Moa1d be w14 lik0 a var RRd i! ttM i�oDl� �nt t4 t*wa add�d exksa�, iR caoul.d sun up to iS0.000. Coue�eil�an Hasx1� e�Ok�l tM Aer�itp in tfie �p�r�►t qo�l�ae an4 M�. Von �sokhauC s�pl��d tor 278 Wdt�, ebcyt �6 -=0. Couapii.an #�c�iw a�k+d �! thtr e. �. 4H , 4� R�GULAR COUNCIL MEETING OF JUNS 21, 1971 u PRGE 14 ' �as within the zoninq ordinapce and the City &nginesr aaid on�an area basia, thOrs would be allowed about 17 per acre. Mr. Van 8eckhqut said they would be allowed to built up to 850 units on the site. They tried to use big buildinqs ' to gain aoze usable open apace. By using big buildinge, t2�ere are more open apacea. Thoy did not foel they were crowding. The City Engineer asked about qarages. Mr. Van Eeckhout said there Nas a ' heAted underqround qaraqe for each unit. Councilman Harris asked if the agreement covered the 850 units. Mr. Van Eeckhout said that this zoning wae �eatricted to 12 units per acre. The agre�t limited them to a lover ' de�naity, so they are qo�ng with a high denaity in the apartments and lower in the townhouees. There s;e 374 townhouse units and 476 apattmenta for a Lotal of 85Q. ',• Councilma� Harris asked how many acrea were in the �ultiple zaninq. �7�. Vaa - EeckhouL aaid 64�j - 65 acrea, and'added he did not knw if the acreaga in the � pask was uSed in computing the dansity. ' ,: Cou%c1lp�tt Liebl aaked abouC the road to silvar Lake Road. lir. Van �eckhout ��ld that the requireuient was that it be bonded and vould be buLlt by them , aacor$ing to Fridley'p specifications. He did not know ak this t}me if it wae qoing to be a publlc or private road, they are worklnq on that now �ith New Bzighton. Cnut�c�lman 1Celahaw sald thsre xa�t samethinq in the minutes about a trailer by D4attsFhorn., Nr. v� Eepicl�out explained thQy ara propoainq a aaleg office �1r+d Wwwed a zenderiaq of tholr propoasl. in�tially they pl�nnad a trailer� but ahanged tAe#r mirrdr to a twporary atsuctuze �t 20' X 40', a�at by tha l7�tterhorn Arldge, Thie vquld be usad ia an int�ri�m ueasure,until their ps:sartant qaiea of�ice f,a built. They wuld like to at�rt aonatractioa on the w�yole ttuee phasas and ia osdsr to proceed with thg marketinq, tAep would aesd a t�lq� qiPice. xe thouqh! tAag WoulS be usii�q the exiating tzails to taks peqplp back to show thqm t�e sites. They vould probably be ueinq qolf carts to go in ta Bhrnv the peopje the ditas for sale. Couqpilman 6roider asked ha+ lonq thpy wottld bs uainq thi• tem�prary office. Mr. pan Eecklwut �aid it waq ditllcult to s�ay. Pxap thq tiqr thex �tart� tY»y vould ca*p],ete the P+1es �aail�ky ia b0 - 90 days. T1ay hope to ata;t very soan. They need looa� �pFxwYa7. befoxe they C� yet i�.H.A. spproval. F.t�.l►. has alzes�dy g�.ven lEw�ribility apps'oval. A� ad�d�d tha psoject ylatl `a.�s to brinq in, th� utilities isa� th� �a�k aqQ tbe mat.osi�la l3wa the aast and �tact ow�tsuct,i,op siiaul� t+u�ousiy. a'hop Flan rw ;nedusy iqprovem.nts to ttN are�t auccepC Aayia r.ane �nd Nattqrhosn. TAosa ie no oonaectlon r+ith Haths�ir�y u�o. Couqo#laian ikaisFu�a sekea i! .ny l�vy squlp�,t wula be uslnq Aegi� ;,ene. Mr, vu, ��pkhout w�i.d that LM City iAqis►MS wuld Yp wC th� rOUt� foz th� ut�lity aonatTUatton au� ha ��47.a 3��t. Cvunoi,l� N�►rsi� �i� 1a wr ooxwesaad vitl► LiN 4�a�tcy rpnl.rw�+ts, �tr. Van s.r.klwcaL A.la ta a.v.lopla�v f#�l�: p�+�e., sA.y a.:. owa.sn.a trsch ca. .a.nia... T'bM�y Ywtid 14k� to �wlvj► � q►�t«A QL ralk� an4 �ssk�q�y�. Tjses� i� a va�uniky pa€k k9 xi1* r�ortA ot tht �sta�nt usra� +m4 t1M.paR�ho�oa! ss*q Tw a lak� as�+► at � 1il��k aid�1 ot it. TM!" Alan �, r�iyhboshqoq p�rk �as tbi 1#� �!►ioh th�y M�.� 7.ik� W 4�dla;l� W tb� oa�w�ait�: Thi+l .00pld !� a t,4k�Aok txy� ai �rk. "h,==�.# +1�.1� 1� A+►e,�X� [rqn, 1� tiv�powe� ir► C!� wuth to tla !�R[L1MA� ,.� T�MY` �� 11At �O�Li►9 !A1 C�19� L11� t�Rll Of Lt10 IakO�t}b!w NOM. � � 1 , ' 1 , � FEGULAR COUt:i::ii ME:ETIS�G U£ JUNE 1i, i'i � i PA�F, 1 � He demonstrated how wi*_h the L shap.�d apartment build. everyona would look out onto a green area. With the w�wds the way they are, it should b� a nice complex. Their plans call for ga=2�age shoots, suanas, swimming pool, exercise rooms, heated garages etc. Councilman Breider asked the cost pez ;uiit apd Mr. Van EeGkhout said al�out 516,000. Mrs. Helen Treuenfels asked what school district this is in. Councillqan Harris said School District tk13. Councilman Harris cananented that there would be long hallways with the L shape when coming from the garages. Mr. Van Eeckhout said there would be elevatozs. Cquncilman Breider asked what if t}�e residents have two cars. Mr. Van Eeckhout said there would also be outside parking. Mr. Van Eeckhout showed a lazger vi.ew of the townhousea and said ��a�y planned on having eight model units. They vrould like permission for these to qet the sales under way. They have to pre-sell a certain number of units. ' CounCilman Harri:> asked how they were proceedinq on the piat. A Repre�entative said they aze waiting for some information. They wili first �:iat the single ' family lots with the multiple area as outlots. The plattinq for the townhouse atea will be done diter the buildings are begun. They ieel this is the most practical for this wooded site, so that some adjustments could be made. Mr. . Van Eeckhout said they did not know if they would plat the single family lots ' separately. He added he would,get toyether with the City Enqineer on some of the deta.ils. Councilman Hazris said that the Council should look at the plat when it is done. Mr. Van Eeckhout said they should be finished soon. ' + , 1 , �1 Councilman Kelshaw asked if the temprrary §ales office would just be used for the single family homes. Mr. Van Eeck:�out said that he understood this would require a special use pexmit for the operation of the temporany facility on an interi.m basis. After thought, they felt that the trailer houAe they oriqinally planned would no` be consistant with the area and had theiz architect develop the present p;ar,. It is an A frame, much like a lake home. This would be easy to pqve off when it is no longer naeded: I4 would be used both for single family homes and townhousea. Councilman Harris asked Mr. Van Eeckhout if they vould put it in the park when they are done with it. Mr. Van Eeckhout said that would be considered. , l�tt. Van Eeckhout showed another randering of the tamxhouses ani� said they felt they were in keepinq With the'chazaoter of the wooda. They arg very clean and nest. Councilman Harris asked what was the townhouce average unit eize, Mr. Van , Eeckhout said they differ, but the averaqe trould be about 1240 aquare feet to . 1440 square feet. Councilman Har�ie asked if they would be or�e and two bedrooqi un1t�. Mr. Van F.eckhout said yes, there are no threa badroom unito. Three bedFOOm un;ts will be avsilable in the twnhot�ses. Councilman BrQidnz aekeQ the ' apsrdnant urtlt denaity At 7Min Lakes. ltr. Van 8eckhout replied 16. iie adde$ thaC with awaller buildinqe, tpre land ie usad. With biq buildir�gs yoy get aarp vast expanres of open land. Even with a 8enslty o! 20 there le more usable , apea o�aae with the biqger buildiags. They are well wi�hln t1>e allowable land �ovarage. � I , 4G � ' REGULAR COUNCIL MEETSNG OF JLRdE 21, 1371 ' ' ' ' ' ' ' ' � ' ' ' 1 1 PA:��; 16 The City 8nqineer asked what xas the averaqe cquare footaqe of the apartment unite. Mr. Van Eeckhout aaid for the two bedroom they aould be from 1010 square feet to 1050 squ3re feet and for the sinqle bedroom, about 750 aquare feet. Councilman Harris referred to a letter to the City Engineer [hat was in the April 5th Agenda concerninq the eaSt-west road to serve the multiple dwellingq, He read the letter aloud and said that he underetood that the multiple land would be setved from the east. Mr. Van Eeckh�ut said yes, the City Enqineer had asked for a letter petitloninq fo� �treet and utility improvements. He said when he dictated the letter, he was in a hurry and he admitted the wording was not too clear, but•ther6 ia no intent to shift the philo�ophy. Haeically, the utilities will come from the west and the access is from the east. The City Engineer asked how much the units would rent for. Mr. Van �eckhout " eaid foz the two bedroom the rent would vary fmm 5225 to 5325 and for the one bedr9am, 5195 to 5215. He added that the units have fire places and aunken living rooms. Councilman Liebl asked how much they rent Plsezx unita for at Twifl Iakes. Mr. Van Eeckhout said it was about the same. Councilman Harris asked if he agreed to stazt construction on the single fam�ly hpmes simultaneously, and Mz. Van Seckhout said yes. MOTION by Cqyncilman�Kelshaw to approve the Preliminary Plan, Phase T of the towntt<wae development, Phase � of the apartment development, subject to the stipulations of the Building Board, approval of a building permit to construct eiqht model townhouse unita, subject to the conditlons plac�d at the time of rezaning which would include the gingle family dwellinqs and the stXeet accee& through to Silver i.alce Road. Alao �o grant a epecial use pernit fot the ' ope;at�on of the temporary sa1e� office until December 31, 1971. Seconded by Councilman Harris, with the instru�tions that the salea office is to be removed within 30 days after expiration of the apecial use permit, however, if they need an extension of time, they are to apply for it. � The,City Enqineer said that there is also r equired detaj,led plans of the reaseational area and detailed landccapinq plans. These can be talcen caze of later, He wanted it understopd that they must meet the condition� contained in the agreement. No traffic is to be disected thrpaqh the zesidential area during con8truction of the apartaents and toMmhouoea. l�lw there is to be eubmittad a drainage plan, he •aid he vquld rrprk with them on U;�s. '"#MSt, Van Eeckhout asked if the Council wantad the hard ahell of the plat to came back bafore the Council. The City 8nqineer said to brinq it back to the ' Gounc2l betoFe it ia siqned attas 1t is aompleted. Tli4 YOTS upon the motion, b�iay a volco wte. all votinq Ry�, Mayor }cirkham decl�tc4d the pqtion cas;ied un�nj,npµsiy, '� blOTYON by CouACilman ICeladpr to s�ceive the ►1�rutle� pf t�� pl,ynni{�q Co�is8lon N�etiAg ot June 9, 1971, Ssaonded hy Counc�lman gr�id�s. Upon a wice vote, __ sil voting aye. MeYor T.irkham dealiared the motior► carriod unanimou9ly. ' , ' � 4D � � ' ' , ' Y. � ' 4E BUILDING STANpARD3-DBSIGN CONTROL 2�STING OF JUNE L0, 1971 _ The meating was called to order by Chai=man Zeglen at 8:00 P.M., 1�lBSRS PR$SBNL� Znglen, Lindblad, White, Tonco� M6l�SRS ABSSNf: Gqezre OTHERS PRESEI�: Aauk Muhlch - Chief Building Inspector �TION by Whlte to approve the minutes of the May 20, 1971 meeting as wr�tten. Seconded by Liadblad. Upoa 8 voice vote, all votiag aye, the motion casried uaanimoualy. Mr. Charles Van Eeektiout and Mr. Hick Merrill rere present to preaent the requeat. Mr. V4n $aCkhout stated Chet they vill build the apa��cnt complex in ' CWO parte. The first bu�ldiog will be 240 units. It will have 4 vings all laading ta a ceptral core grea. They xill heve underground garagea along with ootsida parking. ' 1 , ' 1 ' • , ' 1 � Mr. Toru o a==ived at 8:08 P.M. The $oerd asked Mr. Van $eckhout vhy they had changed tha design of their apsrtmaqte. Be ssid tfut vith the aquare buildipg tbey had run into sowe problmo. Tor ooe thlog the center court w� s[ise hazasd becauee there was no way to get to it. Aleo, ehere vas no cantial area ia the other dlcign. Tlr. Van Btckbout �tated that the central area of tye building vill hold the secreatiousl facilltiee. Thesa ta111 be a avimming pool, partq roqmp� exescias soa�e> saunas, etc. la this ase+�. Se a1so said that tdere aill be a traak �hoot 10 thie area vhicd vill dsop the.Cxash into aa eqcloaed caepactor. The tsaeh vtll ba dauled aaay evesyday and there. 11 •be no outsid� Csaeh codtainers. k. The Board aeked Nhsthei it srould be po�sible to put !n oro;e than one o theae caopactoz� aa 1t wae rsther a loog walk for the �nante who live at tha aad• of CAs tH.n��. The Boasd �ugg��tsd that tl►�y look into the� poesibility of pttiug oose tlw�n oae. , � Mr, Vap BsckhouR ssid t!►at theq vould csrtalaly chack iato it. He eaid t}N�t coet would be th� decidiog factor but that tb�y vould try to work it ia. Hau►uqe pf the noodsd ar�a, ltr. Van teckbout •tated eAat tEey Would like to have a suetic dui�a qo the outdde of the building. They plan oa ualog natusal ton�a ia rough eedar eonetsuetioa. Tdey vill uae eome bs�.Ck foF ¢acosatim . Thlese vlll be etosage €acilitiea on the outaide ' � 4F Building Standarda-Design Cc:�«rol Meeting of 3une 16, 1971 Ea �' ---- —'_ 1s ____.... vo the balconiea so that the bal�onies von`t be ciuttered with cnings He ' said that the apartment buiiuings wil: carry au[ the same lesig:i as tt.e townhouses. � , ' ' ' ' � , ' 1 1 � � ' � � 2. The Board stated chat n�x*naily chere ts a requiremeut of 57Y< brick oc. all apartment buiidings. HoWevar, they f�!.f rhat in this iustauce *.hey would waive this requirement eo cha� the design of the entire prujec[ could he carried throughoot. It was also stated tha[ a�andscz+pe plan wou;d h-sve [o be aubmitted before the final grading of '_he i�nd f�•r Lhe apartmeat Rnd p[ior tc [he issuence of a permit on the secund building. �I�o, thac �he dsainage tro4ld be worked out s+ith the Englneeriag Department. IlOTION by Lindblad to reco�end approv8l of a building perwik subject ko the uotationa marked in red on the plana including the follooiag •tipulatione: 1. That the SUx brick requiremept be waived, so that the apartment buildinge vit7, lceep with the design of r.he �soposed townhouses for thle sane pzojscta - - 2. That a landecape p7an be submitred befare the t?na1 gradiug af [he land for the apartment and prior to the ;ssuance of s pernrit on the second bulldi�g Thie plan vill also ehow the curbing and the paxking spaces .�r+riced . 3. A min±� LO' rxad?�_�s vill be required on ail entries and exits. 4. That all drainage oe worked out vith the SnX,#.nees4.ng Dey�r[ment. 5. Tha[ there be poured concrete curbing around all Llacktop areas. Secoiaded by Yhite unanimously. Upon a volce voCe, all voting aye, the motion carri�d Mr. DuFfy was present to preeent the rnryuest. Mr. Duffy stated tha[ the canopy will be 80' x 26'. It s+1I1 �over 16 stalls. Thete a111 be tvo rova of floresceat LAghCs underneath the canopy. T6e canopy wf.11 have a flat roof. The Board asked Mr. Duffy if he would have any type o€ divlders to aepara[e the two rove of cara. Mr. Duffy said thet they had not planned on it becauee Che apeakers are on the poate ao the cara automaticaliy iiae up wlth theae. . ThC Hoard fai�l in going through the plans that thexe were t�ro different � .`.. � � se v �,�. � � sc � . 1 K p �i � °y . 1 F'"'t` � :Yj "' � cl% � 1 j �%i " /7 : /4 • il %I ' � -. �y � � � —'_ "_ —_ .r t _ .� -- � �c ,< �1 3 y is ..-�4"Ei � .e �°J i�..- rf�.l_-. --- ' , . . . `� 6 AV E. N.�. TH,.. , ..�,. ' .uw 'i J � � r u �•.•• r � „�T "�. _ _ '^ 's' / : ,aD 1 SAV �i`72-OL1: Stale Lan: ,� ; . :. . ' .. ��- - _ " . , ,' ° z , and Development Co. -- , : '- .,� __ �` ^ � -- � -' � eaul Buricholder) ......,� `d.��, • -.@ .w � �. : _ E . = :._ _ ._ ._ _� �� _. _-� -' t � „�� Vacate alley in B1ock; 10, , _ _ i i_ _ ��^ ! & 55thP.•ae. bet. Sth & 16 - i ,I ,T� �- _ .:c J : 6t6 St. � .� � - � --'�. -�� _ � . __._- �� i 6� i I! Zi ,� 1, F � �. IS :1 i. . . . - .. . _ _. _ . . . . i ~`' ----- ��_ �•�--=- , . . � . ,� r _ � --� � , � ' . 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't -, _ i- Frc : s._ _ 26 .� u. � � C HERI -.....,-.. �.. �s� z. � � � r T ,. "-^—� r-'s—�---� rer-�,-�--� r---^*� I�",�Tt �.T'1 f f"��" i I�Tl �-'_'"",." " . ._ . 4. i Control Subcoum�. of October 26, 1972 Page 4 MOTION BY Lindhlad to reco�end to the City Council approval of the request to coastruct a model home and sales office with the following stipulations: 1. 10' radius on all driveways. 2. Driveway to be 22' wide. 3. Parking lot driveway to be 25'. 4. Parkiag apaces to be 20' x LO'. 5. Provfde a new landscaping p�an. 6. Provide a drainage plan. 7. They can move the location of the model home to fit the lot but they must maintain a 15' setback on the North psoperty line and S' on the driveway. Mr. Paul Burkholder was present to present the request. Mr. Burkholdersaid he wanted to split the location or the garages and have half on the East side of the property and have Che oti:er half on the West. Thie would create a swail in the center. Mr. Boardman said he could noc have a swale but he should have a pipe in this location for drainage. Mr. Burkholder asked if he could use precast curb on five parking stalls on the Northwest corner of the property. Th3s would enable hia, to take out this section of curbing in the winter. He would stack tkza precast curb and reinstall it in the spring. When the parking lot was plc;;�d they could push the snow out through this opening. He said he would agree to have an inspeceion every spring to see that the area was c�aintained a::d the precast curb was replaced. The Committee said they thought this was a reasonable xequest and they would go along with Mr. Burkholder bu[ thzy are only a recoum�ending body and this could be overroder,�by the City Counc�l. The exterior of the building will be white Texture 111 vextic�l paneling with gray paiqted trim and black brick trim. Mr, guXkho�c'er said he may use a new masonite stu�co paneling but the color combination will remain Che same. Mr. Tonco asked Mr. Burkholdqr aboui. the party walis and sep<^r�tion betw?en f�,00;�, Mr. Burkholder said everythiog would be cons�ructed according to Ek�e building Godes and he would exceed the codes in spme of. the cpnstXUCtion. This wi11 be a three story apartment building wLth a laundry room on each floor. . J ' r 1 � ' ' ' Building Standards-Design Control Subco�ittee Meeting of October 26, 197Z Page 5 MOTION BY Tonco to recommend to the Ci[y Council approval of the request to construct a 32-unit apartment building with 16 garages witi� the following stipulations: 1. That 5 stalls on the HIorthwest corner of the property may have precast curbing as the Subco�ittee felt this was a reasonable request. 2. Install a pipe for drainage on the rear of the property. ' 3. The complete plans be submitted to Council, aZl built to code, for the party walls and separation between floors. Seconded by Lindblad. Upon a voice vote, all voting aye, the motion carried uAapimously. I S. -� LOT 15, REVISED AWITOK'S N�'E N.E., FRIDLEY, MI:Qi�ES BUTTERh'UT ST°.EET N_E_. C ^�I, a?:; c Mt, Blaine Edmundgon and Chester Tollefson were present to present the request. Mr. Edmundson said the extePior of the house will be stucco with ced2r stained trim. The handicapped people Living in the house will be goicg to worl: durir.; the day. Mi. Boardman &aid Cheg were Xequired to have �0 foot radii on the entran_e, Thez'e cannot be aqy parking in the fronC yard, The set,back is the same as foi the house, 35 feet. The parking area must be 20 feet from the pruperty line and there should be 25 feet in the parking area p1.us the parking sp.:c�;. 1�', Edmundson and �r, xollefson will either have to chan�e [he placenent o1 the S1deWalk or moVe Che house back 9 fee[ Co meet taese requirements. Mr. Zeglen agked what Xegulations they had to follow to have a hGme fo: th� haadicapped; Mr. Toilefson said they were regulated by the State, thay mus� dlso meet the Anqka CouAty Welfale standards and they have ta obcain �n annual liceqse. MT. Toncp asked that the privacv fence shown on the p�an be extended �o include the parking area vn the East propercy line. MOTION BX Simoneau Co reeommend tu the City �auncil appFaval oi Che request Go oot�stzuct a home £or Che hsndicapped with the Pelf,ow,n� stipulations; i. $xteqd ths sCreening fence to incLL�de Che parking arci. 2, 20 foot setback for the parking area, 3. Ghange aiacs of parki.ng lot so it's no� in the front area of the lot. 4. lQ' :ad�us ai �v*rar.ce� 5B 2�4 ,� � a �i�.�� f�/ � �1��£.� s't2r �r�� ,.:.sirv r.;eHUe r: e . k.c�: � ... . �� ..:..... .. . ... . . . �. : 13 December, 1972 Mr. Nasim Quareshi Fridley Engineering Department Fridley City Hall Fridley, Minnesota 55432 Dear sir: r. tc It is understood and agreed to by the parties involved, that �tie ��ill waive the right for a public hearing and hold harmiess and release the City of Fridleyof any legal res`ponsibilities thereto, if said City of Fridley shall agree to the following proposal, Upon submission of proper blueprints, the City oi P'ridley agrees to issue a building permit for the construction of a 32 unit apartment and 16 garages to be built at 5451- 5th, N. E, , Fridley, prior to that part of the alley located in Block 10, Hamiltons' Addition to Mecancisville being officially vacated, This property is also known as the North half of' the Sacred Heart of Jesus Polish Catholic Church cemetary property. Sacred I�eart of Jesus Chuich Brunis Smoka, Chairman Cemetary committee. ,� r � �TG=-rcc:) G : �,_.+�ru ��2 . '� �� ./l LE, � �c:-(,."-t-f i' . � ` {.- / �jl y i / _/ �.. ._ � �a. `� "L� �.c"�—' i Ci /L-' i� i� �� y ou� �/� ' r, � �� i , V� � ` �;' ';� ��;�� _ _ Sta e Lat:ci &��velopznent � Paul Bux•kholder, Pres;dent 5C 0 LAb' OFFICES S��rrfi. Jt�sT�:R. Fr�hr:x:�. li.��i;� i rz t� ('ntitiF:r<r.�- CYARTERED WYMAN SMITN LEONARO T. JIlSTER HENR� N. �EIMEMA RONALD LHPShVIT2 JAMES (�. CASSE�xLY CARI J. NEWOL115T PATRIUP L. BELOI$ DOUGLnS n:LL OICOVNSEI Mr. Gerald Davis City Manager City of Fridley 6431 University Avenue N. E. Fridley, Minnesota 55432 December 5, 1972 RE: Vik9ng Chevrolet Building Permit Stipulations Dear Jerry� SU�iE IJE9 B. . r w�; F [CMP'. . . M...�.r � l . N � .y .c _ 6�. �h��. .. . .. .:.E . i_. i � �LE" ^�' rvNE�._ a _��... � LE�-.pNE 551:-RH�C Ken Isaacson of Viking Cheyrolet would like to appear before the City CounCil to get clarification or waiver of the items that dre still left on his building permit. I wonder if you would put this matter on the agenda for the meeting of December 18. Perhaps you would confirm the setting with myself or with Mr. Isaac'son. C:� On last Wednesday, Darrel Clark and Mr.Boardman both came to the premises ? with me and with Mr. Isaacson. The things that are left to be done are reasonable requirements from the staff's standpoint. Mr. Isaacson is ' faced with some practical situations that he would like to discuss with the Councii. ` Yours truly, . , , y� f, + ' ( v��' ' " Wyman Smith WS:nm cC: Ken Isaacson cc: Jerrold L. Boardman , i f � ' ' ' ' M�MO T0: MEMO FROh1 A1Eb10 DATE RE Nasim Qureshi, City Engineer-Director of Planning Jerry Boardman, Planning Assistant Uecember 13, 1972 Viking Chevrolet Building Permit Stipulations , The following is a list of items in which 1.'iking Chevrolet is presently in violation of the City's zoning ordinances and the stipluations established on the permit. ' u ' � 1'. �• 2 . 3. 4. S. .� Curbing along the parking areas on the West side of the property: Sectiog 45.104, Paragraph 1, Sub-paragraph Fi. �' Lt �c'ct . � � A 15 foot planting strip on the Southwest corner whicii is presently blacktopped: Section 45.105,,Paragraph 1. ,Da<., ,-v -: � a. � � e; , � . . .; Q-G��_ c . L, L r �, �_: !,,,...�. r. ,_ � Bull p�n screening as stipulated by liuildan� Standards to ``` ` �A�.. store aut4mobilas: Section 45.107, Paragraph 1, Sub-paxagraph A. ,. Scmeening o£ the outside rubbish area behind the building: Section 45.107, Paragraph 5. c r%�-J �.,r� 7�/�, ,,.�.f.�... ,; r.r f,,,. A date fon curbing -along Fire�side Drive should be set: ��` �`:' Section 45.104, Paragraph 1, Sub-paragraph B. 6. Some kind of regulation governing either the amount of time that ' Viking Chevrolet could allow wrecked cars that are being woxked on to sit outside on their lot or a limit on the number of caTs allowed• � � � r � _ �;�. � G�� z�c.�.��« �c-`�s�'Lt`�`��i�../L- t'��_�� t�U' � .a. �� p �-;: � Viking Ghevrolet will lie asking for clarification of their � stipulations and posSi6ly for a waiver on some of the items. � JB/njC 0 j �� `.. {nFt' �1111D'IAIY t" lanning Assistant �� 1 � 7 1 1 ' , ' , , , ' ' ' L� , ' � I � � ( � ORDINANCE N0. AN ORDINANCE UNDER SEGTION 12.07 OF THE CITY CHARTER TO VACATE STREETS AND ALLEYS AND TO AMEND APBENDIX C OF TtI$ CITY CODE • The Council pf the City of Fridley do ordain as follows: SECTION 1. For the vacation of a street deacribed as follows: All that part of 64'� Way lying Northwesterly of a line parallel with and 40 feet I3orthwesterly pf the Southeasterly line of RiveTview Terrace as lald out'and travelled in the plat of Veit's Addition, All lyiag in the South Half of Section 19, T-30, R-24, City of Fxidley, Couaty o£ Anoka, Minneaota. Se �nd is h'reby vacsted axcapt ehat the City Qf Fsidley reteln a drainage aAd utility eaeemank over khe NosChoamt 20 feet of the Southweat 30 feet of thsC postion of the atraat herein deecribed and vacated. SECTION 2. The eaid Vacation hae been made in confotmance with Mlnneaota Statutes and pursuant to Sectlon 12.07 of the City Charter aad Appendix C of the City Code ahall be ao amended. PASSSD BY THE CIxY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF ATTEST : 1973. 'MAYOR - Fxank G. I.iebl GITY CLBRK - Marvin C. Srunaell � Public liearing: December 11, 1972 Firet Reading� Seqond Readiag: �4h],1sh.....,. � • � � � � : ,�� +=� Y �..�� 7 A Vaca*e ` �l de sac ' � L �7kdl � , . � . .. 1 a �, . ' ' j • '�t_ ��s* trract ��.'��'.'a ± e I {. `;I � $ A/(/�/ s. ,,. � ' V;L� `I rRf�r ~� L��/-7t�.�..' � e9 ,`U . �fo : � . . . \O :� - f � �•L.�� r , �pFCT !E'JIS .:�> �� 1 . .—�'��..�.�� ,\ 1 � I l� is/ i+� ' 0 3� l yl) 9Y "°,� � 'a� / � �,' � *fr` f c� -� x �. . :..r%k".�?ii�a'.. 2 . ��. _i � iF/� 1 � + `J � ` ) � N ,� �SpN.. . �� ; � i o I �' 4. � �� 1 ° �=s°' � �°� �� stis �PP� P`A � �' Z i ..� '�' .' 1$ �J ,.:, .1; 3 x\ � J 2{ � '� �, G 4 4A � '_l; � J � '� M � � i �, M� 2� j,��,p�, ,"' 6 •s'� � 3 3 +�_ , � � , , P� p � �:�x �yER �.. � ��. A pn ; - � - � i � � � .,y; :s�,_ ,•, aa' ' ' �:- wa �> I ! 7 • � ' � I j � m '�- a2o) $ .;�-' ` '. , • � � 3 NB : , �`Z _ , � � ' N+ , =L'.��'� I � t : �.;ZSZ � afMi;• _ �-�,`' '_'' � ' ` . I ' I nh`�FOW� � s.� � , ' I� � - � � 1 �; . L.<a; �4 . _�, .,;c-�°" -., � o ` ._ I N � yl � • i ; � . , ` �. l , ; 1 � �; :� ;; ," � -� a �;. :_� , � b'�� , °c q _ ; � � . � : �� ':•::•' '' .� I� L�'�, � �� , � ; , i j ;.�� '� ,3� �27 � � E � � 'k � .s, / , O �.`lrG% UE 5'f v�cl'D a •• ;, � `T � �, .-rB�'�'--.. ` `e � 5 : '' , V71t A'ti�►13� '-ts� = .• .,� , , ' A }�iD� . /0'�1�� B `3�4c �J-i3 . � , j � �,� j�rs . .Y. . ... ; � op1 . ��.1�,. , }�, , • 3f R �c,� ,a �•�i �. r� �! 2, � v �s ,• • , t ' � 0'• w 1 /A, 'tM'r �i ia'E"°ra . . • . +...._... ' �', ; ,.,•. �q �s�oN� � ,�� .30 rp�p°? . � 3a � ��.. � ��; `� Q � �, ZC, � ., �, ,` •. , •_• t I � � � S�iP �'* . � �r!S . v� �. 'o, . , i.�Ie I •;r,ax ;, 3 „� �, ',, , ' I � ? " 12 (�50� ' u. '.� ,,,'� �� a ` � �__� � ' � � '• 9 '. 6 � .s �� i 9 S' �B � �: 9 - �9 �. , i t . � • yA �, , �, WAY � , . � � � ,�r � �' .u.: - , . , ' . ` . .�. • -. :! T3 - _ � � � i 1 � �•:-�- ��; ~8� t�2 ,n s � -� _ r -, , � ,�. � { • , r ' t � z � , , .� � •' ,, 6 ,. S k 3 Z �, � t 1 � : • � .un-- ;. �i h��'rypppw` BGc C(j�� 7 �� jpK�` � ,•' -��_ —�- 4` i , ` . � y I t �iR .,,�• �t Z-�de':i - -� I`Yt i %.'.l: r• , - - ' - _, ' 1 �.• 't'-T— . r. �, s � Q" � � ' � . � � et `� :. �- �!' � i /6. i�;�� . � 0 � a ; l �I /1 .: /_: �� !� . < , '1 ; .' .__ -_ ;� .�, , a, " _ ,ER _ - � � t '' ' � ^� 6a+ wa,i ^.et %r.�. ; • � _«,�..,. � _ . . ,f - s �. , , , � ' � .� .� � q��g " � � � �� qw � 4 •� � � � ^ , . , ^�� . �lANOR � . \ K N. •.J tC n{ f��. ' _ �! • \ � f .. - � , � ..w .!i .. . . � 7 i' r � Ac. � Ro i�r�N y . `� ¢/ ' i� + .,. 3 - A, o�H , � � ' ` �; r : ;... ` �� '�, ^ � `� ', -- -. �i'q,(, °-, � i .'..' � � . •i: � t • . ? � i 2 F ''' , � • ` � �:. ' i' .. � � ' ..... .. , ; � .,i .,. , , , � �,+ / . . � ,F �,, . ~�Q�.IQN ►- .� : � ' + � � �P. _ f „� � .. Q ►� � ,, „ .�, , � ,� ,►�1 r- �lNl�l ��._,�� 1� c i ORDINANCE NO. AN ORDINANCE PROHIBITING THE POSSESSION OR SALE OF CERTAZN DRUGS AND RELATED PARAPHERNALIA ANp PROVIDING PENALTIES THEREFORE THE CITY COUNCZL OF THE CZTY OF FRIDL6Y DOES ORDAIN AS FOLIAWS: SECTZON 1. No person sha11 possess, sell, distribute, administer, Possession, dispense, furnish, use or prescribe ang cocaine or Etc. of Drugs ` opium or ang of their derivatives, or any cannabas Restricted ' indica or cannibas sativa or marijuana, or any of their derivativec (hereinafter called "drugs") except as provided in Section 2. ; S�CTION 2. Rny manufacturer, wholesaler, apothecary, physi�ian, dentist, veterinarian, pubiic or private hospital, sanitorlum or institution maintained or conducted in whole or in part for the treatment of disabilYty or disease or inebriety or drug addiction, may purchase, receive, possess, sell, distribute, prescribe, administer or dispense such dzugs provided he sha11 have comp2ied with a1I the provisions aAd requirements of the Act of Conqxess of December 17, 1924, known as the Harrisbn Narcotic Law, as the same exists and may be amended• .SECTZON 3. No person except dealers in saryical instruments, apothecaries, physicians, dentists, vetexlnarians, nurses, attendants and interns of hospitals, sar�itoriums or any other institvtion in which persons are treated for disability or disease, sha1Z at ang time have or possess any nypodermic ' syringe Or needle or anu instrument or implement adapted fos the use of cocaine ox narcOtic drugs : by subcutdrteous injections and which is possessed for that purpose; ttnless such possession be authorized by the certificate of a physiciar� issued withi» a (78FlOd of one yeaz prior to ang Eime of such possession. S6CTION �; No peisoli s1�a21 use, possess or have under his control for use any Ftem, bow2, 2amp, yen hock or other opivm- smoking paraphernalia vr accessories used for the smoking or inhalatzon of opium. noctors, Etc. to Comp2y with Federal Law Possession of Znjection Implements Possession of Opium- smoking Paraphernalia Prohibited : Pa ge 2 SECTZON 5. The provisions of Sections 1, 2, 3 and 4 sha21 not app2y to comann carriars or warehousemen or the:r employees engaged in the Iawful distribution or storage oF the drugs and materials mentioned in said sections, or to pubZic officers or employees while engaged in the performance of their offi_�a1 duties, or to the temporary incidental possession thereof by employees or ayents of persons lawfully entitled to such possession. ., Distributprs, Etc. Excepted SECTION 6. Any possession, sale, distribution, prescription, Menance to administration, dispensation or use of such drugs, Fublic injection imp2ements, or opium-smoking paraphernalie We2fare contrary to the provisions of thts.chapter is hereby , dec2ared to be dangerous to the public health and a menace to the public welfare. SECTZON 7. No person sha12 fraudulentl.y obtain any such drvgs by any deceit, misrepresentation, subterfuge or concealment of material fact or the use of a false name or address in order to obtain treatment in the course of which �uch drugs may b� prescribed. SECTION 8. Any peTSOn vlolating the terms of this ordinance sha2l upon conviction thereof be fined a sum not to exceed 5300.00 or ahall be imprtsonwd for a geripd not to excsed 90 days or both. S&CTiON 9. This ardtnavice she12 be in full force end effect thirty (30) days fzvm date of pub2ication. PASSBD BY THE CjTX COUNCIy OF THE CITY OF FRIDLEY, THIS 197 ATTBSTr CLR�tK MAYOR DAY OF Fraudulent Receipt of Drags Penalty 5'ffecti ve Date , ' ' � ' GI ' ' ' I� ' ' ORDSNANCE NO. AN ORDINANCE PROHIBITZNG THE POSSESSION OR SALE OF CERTAIN BARBZTURATES � AND PROVIDING PENALTZES 2HEREFORE THE CITY COUNCZL OF THE CITY OF FRZDLEY DOES ORDAIN AS FOLLOWS: SECTZON 2. The sale and possession of barbiturates and other prohibited drugs sha3l. be regulated as #ollows: Subdivision 2. (a) Prohibited Drug. As used herein, the term "prohi.bited dra9" means: (1) Barbital and any deriVative thereof; inc2qding but not limited to the following; diethybarbituric acid; anynalkyl, azyI, � mata2lic or ha,logenated derivattve of barb�turic aciBJ varona2 (basbttone)r propoaa2, tpreli d�alJ neonal (roneryI)� suradoptall amytalt phenobarbttal (2uminal); pt2andornj noeta2, allona2 (whtch contains al2yltsopropyIbarbituric acid ia combinatipn with amtdopyrtne) medianl1 any preparation, mixtrue or other substance aontsining arig of the foregoing substanaes, Defini ti ons (2) Amphetamine and any derivatives thereof ' includi.ng but not Iimited to such substances as foliows: desoxgephedrine (methamphetamiae) mephe»termine, pipradol, phertmetrazine, methyI- , phenidate or any saZt mixture or optical isomer thezeo# whicl� sa2t mixture or optipa2 isomer has a stimulating effect oA the ceAtial nervous system. 1 'J �I ' � (b1 Deliver. The term "deliver" means sale, of%r for sa1e, barteF� exchange, administering, d;spensing, giving away, distributing, Oi supp.jying in any Other mannOr, The ke,rm deliver as heFe�n defined sha11 include the attempt to do sach acts as we21 as �he actual com,pleted cnmm.ission thereo;. �°r y r � , ' �a�e a ' C� ' � (c) . Patient. The ter�m "Fatient'� means, as tc_ c-�se .:�y b�. (i) the indi��inaal for whurn a F�rohibitec n��q is pre�scr�ibed or to whom a prohibite�d dzug is admin- ister<,-d, or !2J the owr.ez or the agrrnt of tr:e ownet of a7g aaimai for whicn a pronib�ted drua is ;�rescrib,�d or to w'r..sh a pz�ohibite:' �ir:r.; i> adrn_n.`sze•�e;. � (d) Tezso:z. The term "pett-on" includes zr<i�:v_-i�a�, CGC�.�OI'dY..1Ci7:� jh3ttl]BCShijl 3t1G dSdOCldtiOP.. (e) Practitioner. T:he term "��ractdtioner" mea:;s a ,cerson licensed by +dw to p�esu�i.h.�= ar.d ,sdmi�:_ste: any of thc� prohiblted orugs as ae>rined abov�. (f) Pharmacist. The term "pharmacist" means a , /k.z�so❑ duly licensed and r;-�istered w�th t;e Minnes- ota Sta'_e Board of Pharnkir.y as a iegistered pharma- �- r;*, Y ;yj Prescripti.o�. The term "prescr_ption° rnear.5 a writtc:n or oral �rder b; a practitionez to a p'r.arma- _ist for a prohibit:ve dr.ug or stimulant foz� a � gar[icular patient, which specifies the date of its issue, the name and address of such practitioner, the name and address of the patient (and, if such barbiturate or stimulant is prescribed for an ar�imal, the species of sUCh anirrt3ZJ, the name and �-ruanfity of the prohibited drug presczibed, the ' direcrions for use of such drug, and in the case of a�.ritten order, the signature of such practi- tio��er. An oral order by a practitioner for a � nmhi�itive drug must be promptly reduced to writicg by the phazmaCist. th) .Manafacturer. ;:5e term "manufacturer" rr�ans persnns other than pharr�acists who prepare druqs in dosaye forms by mzxing, ccmporutding, encapsulatin�,<�, E^ntableting, or other process. ii/ wholesalez. The term "wholesaier" means persons engaged in the business of distributing proiiibited drugs to persons incladed in any of che cIasses named zn Subdivision 3. f7) WarehouSerrran- The term "warehouseman" means pe�sons who store prohibited drags, for others and who have no con�rol over the disposition of suct prohibited drugs or stim.ulants except for the purpose of such storaye. � ., ' � ' ' ' 1 � , � , , � � � a , � � ' � � � Page 3 Subdivision 2. It is tmlawfui for any aerson to have in possession, ;;urchase, or to deliver as herein defined, any prohibited drug as deYined in Subdivision 1 hereof, except on a lawful prescription by a practitioner. Subdivision 3. Subdivision 2 of thls ordinance sna11 not applu to the following in the oru;nary course of their trade, their bus:ness, or profess::on provided, however, this exception sha11 not be a defense to the doing of the acts prohi�ited 'r� said Subdivision 2 or Subdavision 4 herac,i: (a) Practitioners. (b) Pharmacists. (cJ ?9anafacturers. (d) Pharmacists as manufacturers. (e) Wholesalers. (f) warehousemen. !91 geraens sngaged sn transport�ny �ueh pro- hib�ted druga as agent or employee of a pracei- ttoner, pharmactst, manafacturer, warehouseman, wholesaler, Comnon carxier. ' (h) Publtc officers or public employees in the performance of officia2 dvties requiring 4 possession or control of such prohibited drugs, or persons aidi.ng such officers or employees i.a the performance of such dyties. , � '(iJ Any patient as herein defiryed with iespect to procvring, ppssession and use of a prohibited drug in accordance with the terms of a prescription and prescribed �reatment. � i , �(j1 PQrsons wh� proCtu'e, possess or use such drugs for the pyrpose of lawful research, teaching or testing, ,�nd not ,for sal.e. (k) Lawfu.i2y Iicensed and registered hospitals . or bona Pide iastitutions wherein sick or injured persons are cared for and treated, or bg bona fide hospit$1g fos the treattrent of animals. .': � d'n+f Ill vOSSBS5iO71� Del:very or Purchase Except�d I.awf ui ausinesses. and f'rofessions .� � � , i ;; I `<� � � . � � � � ' , , , � i � � 4 1 , � � � � Page 9 . Subdivision 4. No person sna1�, nor atter.f,t, to possess or have in nis control or possess::,r to purchase, or deliver a pro?�ibited drug. (a) by fraud, deceit, misrepresentation or �suGterFage, or !b1 by the forgery e.. d;..�-::�t...o:; ot a pi:-.;�.--:�- tion, or (c) by the concealment or a rnatezial fact, u� (d1 by the use of a false na,�ie or tne givz�y of a false address, or ' (s} by making a fa.'s�� stdteme�t tn any prescci�,- tian, ordar, report, or, reeord re2ative to a gmhibited drug, or (f) by fa2seSy assuming the tit2e of, oz faIse2y repres�nting any person to be a manufacturei, wholesaler, warehouseman, pharmacist, prdctitionez or other person described in Subdivision 3 hereof, or • !g) t�y making, issuing or utteriny any false or forged prescription. UnIawful Yrocuring, Pvrchase, Deli.very or Possession Subdivision 5. Any prohibited drugs found in the Confiscation possession of any person convicted of a viclation and of t1�is ordinance sha11 be confiscated and sha11 Disposition be forfeited to the Chief of Po2ice who shall make ' proper and timely disposition thereof by destroying � them. Subdivision 6. A11 patients having possession of any prohibited drugs, by lawful prescription of practitioner while such prohibited drugs gre Iawfully in such persons possession, sha11 keep such pzohibited drugs in the oziginal container in which they were delivered until used in accordance with �Sach prescription, and sha12 not retrove the pharmacist's original 1abe1 identifyiny the piesqription fiom such original containeT. Use of �I':.�.J1Rd1 Containers ar.d Labels Requi red SSCTION 2. Any person viplating the pnovisions of this ordin- Penalty ance sha2l be gwilty of a mi.sdemeanor and upon conviction shall be punished by a fine of not more than 5300.00 or by imprisonment for not to e�c�ed 90 days ox'both. 9C Page 5 SECTION 3. This ordinance sha22 be in fu11 force and effect Effective thirty (30) days from dat�e of publication. Date PASSED BY THE CITY COUNCZL OF TXF. CITY OF FRIDLEY, Tt1IS OF , �9y ATTBST: CLENK MAYOR 0 DRY .� � ORDZNRNCE NO. AN ORDINANCE REGULATING THE PURCHASE, SALE OR POSSESSIUN OF GLUE AND RELATED SUBSTANCES AND PROVIDING PENALTIES THEREfiORE T�IE CITY COUNCIL OF THE CITY OF FRIDLEY DOES ORDAIN AS FOLLOWS: SECTION 1, The inhaling, breathing, or drinking of certain substances, hereinafter defined and commonly known as g1ue, is prohibited and the purchase, sa2e, and possession thereof are regulated as fo2lows: n:srcnase, �.'a1e and Possession Svbdiuision 1. Znhaling, breathing, drinking of certain substances prohibited. Nq person sha.ii inhale, breathe or drink, or be or become intoxi- cated by resson oF inhaling, breathing, or drinkiny any substance cnmmpnly known as g1ue, adhesive, cement, macilaqe, dope, solvents, lacqver, drags, fingerneil polish and 2acquer, nail poIish remover, or thinners for the above named substances, nor any substances containing toluol, hexane, trich2oroethy- lene, acetone, touene, ethyl acetate, methyl ethyl ketone, trichoroathane, isopropanol, methgl isobutyl ketone, methyl �ellosolve acetate, cyclohexanone, or any other scibstance which mntains ketones, aldehyr7es, organic acetates, ether, chlorznated-hydrocaibons,' or any other similar ingredient which releases tox.ic vapors for the purpose of indacing symptoms of intoxi- cation, elation, excitement, o�nfusion, dizziness, paralysis, irrational behavior, or in any manner change, distort or distyrb the balance, coordinatidr� or the audio, visual, or mental processes. SubdiviSion 2. Puz�chase, sale, or,possession regulat�d. No person sha11, for the p�rppse of vio2ating or aiding another to violate any provision of this ordinance, intentionaZ2y possess, buy, se11, ¢ransfer possession, or receive possession of any qlac-. ntaining the intoxi- cating sut�stances d�fined in subdi�ision 1. Subdivision 3. 3e1f-service display prohibited. Retail establish�tents seliing g.Lue cpntaining the intoxicating substances deFined an subdivision l sha11 not se11 such glue fznm d aelf�service display. 10 Page 2 SECTION 2. Any peFSOn violating the yrovisions of this Penaity ordinance sha11 be guilty of a misdemeanor and upon rnnviction sha11 be p¢nished by a fine of not more than 5300.00 or by imprisonment for not to exceed 90 days or both. SBCTION 3. This ordi.nance shall be in fa11 force and effect Effective thirtg (30) days from date of publication. Date PASSBD BY TNE CITY COpNCIL OF THE CITY OF FRIDLEY, THIS OF . 197 . ATTEST: CLERK 0 MAXOR n DAY 1! i 1 1 '�J �� , � � � , � � ORDINANCE NO. AN ORDINANCE REGULATZNG THE YURCHRSE, SALE OR PGSSESSION OF CODEINE AND PROVIDING PENAI.TZES THEREFORE THE C.ITY CQUNCIL pF TH� CITY OF FRIDLF.Y .a�E'S QRAAIN AS FOLLOWS: 58'CTIUN I. The saSe and possesaion of eode:xae sha21 be zeyuiated as fo22avs: Subdiv.iston 2. Sa1es, etc. of codeine prohibir.ed, and exception. No person shaI1 administer, d.ispense, se21, barter, exchange or offei for sa1e, y�ve away, distribute, deliver oz supply in any manner, when he knows or can by reasonable diltgence ascerta�n, that such administering, dispensing, selling, barter- ing, exchanging or offering for saIe, yiving away, di.stributing, delivering or supplying, in any manner will provide more than six grains of codeine or any oF its salts within forty-eight (98) consecutive hours to the petson to :�hom or for whose se preper- ation is administered, disoensed, sold, b�ttered, exchanged or offered for sala except pursuant Yo a lawful prescription :ssued Ly a practitioner duly licensed under the Iaws of the State of Minnesota. Subdivision 2. Purchase and possession prohibited, and exception. No person snail within any forty- eight (48) cvnsecutive hours purchase or have in his possession more than six grains of codeine or any of its SaIts, except pursuant to a iawful prescription issued by a practitioner duly licensed under the 2aws of the State of Minr.esota. Reyulation af Sale and E'oss essi on SECTION 2. Any person violating the provisions of this ordinance Penalty sha11 be gui2t of a misdemeanor and upon conviction sha11 be punished by a fine of not more than S3GO.OU or by imprisonment for not to exceed 90 days or both. SECTION 3. This ordi.nance sha11 be in full force and effect Effective thirty (30) days fzom date of publication. Date PRSSED BY TX& CITY COUNCZL OF TNE CITY OF FRIDL6Y, TXZS pAY OF ATSEST: 297 , CLERK ~ �'�ci'� : � � � ' , ' cITY ur ERxi; c�Y PLANNIIvG QOMMISSION MEETING CALL T.0 ORDER: DECE.MBER 6, 1972 The meeting was called to order by Chairman Erickson at 8:00 P.M. ROLL CALL: Members Present: Erickson, *linish, Fitzpatric�, Schmedeke, Zeglen ' Members Absent: None Others Present: Darrel Clark, Community Development Administrator APPROVE PLANNING COMMISSION MINUTt',S: ^:OVE"�BER �2 I97� MOTION by M:.aisn, seconded k:y ".chmedeke, *i,at the Plar,nir.� �or.,miSsion approve tha Flanr.ing ��cmmis�ion r.:.n4�as or "�c�van::»r 22, i?72. .�pQn � voice vote, all voting 3ye, the motion carx�iad unanzmou5ly. RECEIVE BOARD pF APPEALS MINUTES: VOVEMBER 28 1972 1L PAGE 1 MOTION by Minish, seconded �y Fit:;=atrick, that the Planning wommission receive the minutes of tl:e Hoard c:e �1,�caa�s meetir,g of :+ovecn�er 2d'; 1972. Upon a voice vote, ail vo*_ing aye, the motion carried cr:a:,im�uslv. RECEIVE BUILDING STANDARDS-DESIG!1 CO:�"_'BQL SLBCO*QIITTEE *fINI*:ES: NOVE�ffiER 21 ?972 MOTIoN by u�nish, seconded bj P�tzpatrick, _.at the PLann:ng Commisvion receive the minutes of the Euiic:iag :tancards-Lesi�n C:r.cro-_ S:�bcommit;ee minutes ..i h�•:2m.:er 21, 19?2. �!,�on a-aoice vote, a11 •.etir.:: a;:e, the mot�cr; carrieu unaniruously. 1. f.9 of Lots P.S. 1i72-06, SY 1, Edgewater Gardens. MOTIOfi py Se't,me3eke, seconCec by Zegie., t�at :'�,c F:a:;z.ing ��cnT:iss°�: waive the reading oi the ?uDlic 'r'eari.^.g :i�t..e �� ; .... „;2-�5 ;;y Dc :cvaa =. Schultz. L�on a vo?ce vote, all voring aye, the moti:;r. cariied u.ani�-:c.:.':�;. Mz. Harry Dilworth, a[torney, was presenC tu represen[ the petiti;;,;cr. Mr. Donovan Schultz vas also presenc. Mr. Dllworth said he was not going to ma{ce a presentation but was nere [o answer any questians the Commission mignt have. � Mr. Darzel Clark said Mr. Schul[z was in earlfer this year on a lot split. They touched on this problem with the lake shore. .At that time we chought chis would involve other people with lake shore property. Apvazently Nr. Schultz fouad it difficult Co wprk with that large of a group of pecple so he has � de4ided to take care of h�s owu problem on his ow lot. Mr. Schultz has a pur- Cha3e agreement with Mr. Otto Oatman subject to approval of the Registered � �. �. . _; 1 , i � � FlanninR Commission Meeting - Decz*:ber :_�i417 _�__,._ �'�'1 _ P ag�e 2 Land Survey. This item was before the Plats & Subdivisians-Streets & Utilities Subco�ittee last evening and they :ecommended approval if Tract A and D became one parcel and Tract B and C became one parcel. This was to eliminate the problem of one of the Tracts going *_ax forfeit. Chairman Erickson asked the uurpose of this request. Mr. Clark answered that a private party owns the lake and if the lake recedes , tSr. Schultz would have the prohlem of someone owning property between his property and the lalce shore. Mr. Clark said he had sent a notice to the Rice Creek Watershed and had got nothing back. He also sent a notice to the Division oi 1 Waters and Resources and had a phone ca:l yesterday from Mr. Ray Schultz wh� said thep tia3 no objection providzd they still had control of the 1ar.d under the water. Mr. Ui.lworth said tnr presen[ legal description is subject to perpetual easement to the City of St. 1'aul 3nd i[s Water Coaunissioners, �o raise or lower the lake according to the n�eds oi St. Paul. If this were �o be eradi- Cated from the description, Mr. Dilworth Ye1C this �ra�zld lead to major problems. Mz. Pltzpatrick asked how the rorth property line was established. :�r. Clark said it was the center line of Rice Creek before ti�e lake was made. it has been the lot line since it was established by survey at the date of [he Edgewater Plat. Mr. Dilworth said as this is torrens property, the boundaries of this property cannot change. Mr. Erickson said the City was asked to pay some of the expense of repairs on the dam. What would be the position if all the property owners around the lake have ownership. Mr. Clark said whether this is privately owned by Mr. Oatman or Mr. Schultz, it wvuld be the same thing. Mr. Schultz said the dam permit was taken out by the City of Fridlay. Otto Ostman was refused a permit to buiid 'the dam, so the City owns [he dam. Mz. Erickson asked if Mr. Schultz was prepared to allow the City to flood Che lalce to keep the water level up. Mr. Schultz said he had sQent a lot of money to keep Locke Lake wet. Mr. Dilworth said they had been in contac[ wlth the Rice Creek Watershed people and they are having a bad problem keeping the lalce from filling in. The lake was l0 to 14 feet deep and now iC is uncer 4 feet. They have addressed the Rice Creek Wa[ershed on how this can be stopped or reversed. They have a geologist's estimate that there wili be n� Locke Lake in five years. Mr. Erickson said if this request is granted, the originai plat ar,d ease- menta would not change for any public or private water rights and they are reserved as established. We are not allowing the peti[ioner to fi11 the land so the lake would recede. , MOTION by Fitzpatrick, seconded by Minish, to close the P�lic Hearing of the Froposed Registered Land Survey, P.S. i�72-06, by Dor,ovan r?. Schcirz. Upon a vo�ce vote, all voting aye, the motion carried unaniTOUSiy. � 1 � 1 . I i- ' , ' • � 4 � , � , , ' � , ' , � ' � e P !!r. Schmedeke said that the Plats S Subdivisions-Streats 6 Utilitles Sub- Co�ittee had approved this xequest subject to'the apprwal of the Planning Comoltssion. The lake shore was merely changiag ownership, and they were not harming anyone, mainly the City. They all anderstood wha[ he was doing and whp. NOTION by Minish, seconded by Schmedeke, that the Planning Commission recomaend approval to Co�mcil of the proposed Registered Land Survey, P,S.� (�72-06, by Donovaa A. Schultz being a replat of Lots 1 and 2, Bloek 1, Edgewater Gardens with the stipulation thaY Tract A and D become one tract and B and C become another tract. This action is not to be construed to ir. any way change the Locke Lake shore line. Upon a voice vote, all voting aye, the motion carried unanimously. 2. 3. PLTBLIC HEARING: REQUEST FOR REZONING ZOA if72 11 Bv U,vai?N OIL COi�ANY; 5695 Hackmann Avenue to rezone from C-1S (local shopping) to C-2 i$ene�al,busineae). PIIBLIC HEARING: RE UEST Ft7R A SPECIAL USE PERMIT, SP ;'172--1g gy UNION OIL COMPANy; 5695 Eiackmann Avenue to construct a ec.:..�.r�rience sture and noutiaue the service atatioa. Cha3sman Erickson eaid the requeat for the Reyoning and Special Use Permit wpuld be heard together. I�TION by Schmedeke, seconded by Fitzpatrick, that the Planning Corvnission waive the reading of the Public Hearing Notice for r�?oning, ZOA #72-18, and the Special Use Yermit request, SP #72-11, by Ui.=on 0�_1 Company. Upon a voice eote, all aotiizg aqe, the motion carried unanimously, F4r• Glen Hubbar3, Union Oil Real Estate Devel�pea, was present to represent Union Oil Company. Mr. Clark said this ia a resuit of a Graffic pattern srudy made by the City, County and State Highway Department because of the traf£ic hazard at this l,atersection. The reas�n for the study was that all parr.ies involved felt [he present service drive is not a good traffip situation. We,have worked with' Unian �31 to deve7.op a se {vlce drive arouad behinci the si+_� including varic�s 1�1ar,ds to coatzol the tr�ffic flow. The result of thia f� finat Ur.ion 76 ' aou$� like to relocate their structure o�ethe site. We aae ,;.ill negotiating �'AZh the Highway Department on the utility'easemeats. No =_ruc�ures would be on the right of way. Tt�e whule parcel $s zoned �-1S. `��3 g�e,son for the r�.zoning request is to have the proper zon�ng classificatio�� fo; a service eCation. Chr. Ezickson said the C-1S zoning clasaification �,;ou1.d ailow the c„�saenience store. The cotal site was 3/4 acse. Mr, Clark said they would be loEing one third o� it sa it crould be so�ethin� less thsn hal.f �nn acre. Mi. Louis �€edluad, 93a Hacknana Ave.: He sai� h2 p-la;ae3 e4e property next i=a th� oil stativn. There wae a lQ foot planting �t�i� a�� a fence beL:,�een ��n yi0perty and ihe station. The Pure Oil Compa�yy had pu� up :he feace and �ns mai.qCaina it. The new service road will eliminaee th?s bvf�es Eet:reen the Otatipp pnd h�e p{�pperty• Fie didn't want 1t. �ie was a��.o concerned ix J � � , � ' � , � 1 � , , ' , � ' ' , . 12 C PlanninR Commission MeetinQ - December 6 1972 P: the aervice station sold the property what other kind of general business could be uaiag the site. Mr. Clark said that all the govermental bodies concerned wanted the ser- vice road changed. Chairman Erickson said we have two requests here, one for legalizing the zoning for a service station and one for a convenience store. Now we are talk- ing about the loopback that was not mentioaed in the Xequests. Mr. Clark said that he would assume that the Union Oil Company would dedicate the land for the loopback if they have a usable site for their statioa, bu� if the requests aren't granted, they would not want to dedicate the road. Mr. Kenneth Fletcher, 5930 Polk Street: He asked what the reasoning was ia creating the loopback. Mr. Clark answered that it was to have more stack- � room. It will hring the traffic closer to Mr. Hedlund's and Mr. Fletcher's property. Mrs. Hedlund said that if the road was going to be moved, they would want a copp af the survey to see how close their house would be to the street. Mr. Clark said the closest corner would be 24� feet. Mr. Hedlund asked if the road were put in, would they be required to fence it. Mr. Clark answered that could be made a atipulation. Mr. Fletcher thought they could find an alternate plan. He thought the ptoposed plan would aake the situation worse. Mr. Minish asked at what stage the plan for the loopback was at now. Mr. Clark answered that the State Highway Department will build the road if the City furnishes the right of ways. Mr. Schmedeke said he didn't think the Planning Commission could make any recoumendations on thig until a11 the people affected were notified. Chairman ETickson said this intersection had been discussed for over a year. The City has to come up with a solution. He did agree with Mr. Schmedeke, however. ; MOTION by Zeglen, seconded by Fitzpatrick, that the Planning Commission , coAtinue the Rezoning Request, ZOA #72-11 and the request for a Special Use Permit, SP #72-�8, by Union Oil Company until December 20, 1972 so that the grqperty owners affected by the loopback can be notified. Upon a voice vote, all voting aye, the motion carried unanimously. 4, 5, . co;ner .5. fl7 Rep1dK OT Lot LS, Auditoi's th Avenue and Central Avenue.) co.y iNC.: Tc rezone the West 25Q feet of Lot 13, Auditox's Subdivision 1 d`129 from C-1$ (�oCal shopping) tp R-1 (eingle family dwellings). , ' ]2 D = PlaaninR Commission Meeting - December E, 1972 Page 5 Chairman Erickson stated that these two items wpuld be considered together. , HOTION by Schmedeke, seconded by Zeglen, that the Planning Commission waive the reading of the Public Hearing Notice for the Proposed Preliminary Plat, P.S. #72-07, Jim Lund Acres and the Rezoning Request, ZOA #72-12 by James Lund , Construction Co., Incorporated. Upon a voice vote, all voting aye, the motion carried unanimously. , l� �J James Lund was ptesent. Mz. Clark said the Plats & Subdivisions-Streets & Utilities Subcommittee had reco�ended approval of the Proposed Preliminary Plat, Jim Lund Acres, subject to the Planning Co�ission approval of the rezoning of the West 250 feet of Lot 13 from C-1S to R-1. Chairman Erickson asked Mr. Lund if the entire tract wi11 be R-1. Mr. Lund said it would. Ae esid he couldn't find a commercial use for ' the pioperty. The special assessments for the entire property seemed to deter commercial development. He feels that the property will be used when it is Zoned for residential use. � � r ' , .;� ,� , � 1 , ' � 1 Mr. Clark said the land zoned commercial around Mr. Lund's property is vacant. Mr. Minish said there might be some disappointed property owners if the land around it develops. It was noted that there were other single family dwellings in the general area. Ms. Luad said he would like to have the house that would be built on the cozner of 75th Avenue and Central Avenue face 75th Avenue because of the traff,l.c pxoblem. MOTION by Schmedeke, seconded by Zeglen, that the Planning Commission close the Public Hearing of the Proposed Prelimindry Plat, P.S. #72-07, Jim Lun3 Acres, by James Lund Construction Co., Inc. Upon a voice vote, all voting aye, the motion carried unanimously. MOTION by Schmedeke, seconded by Zeglen, that the Planning Commission �iose the Public Hearing of the Rezoning Request, 7AA #72-12, by „Tames Lund Construc- tion Co., Inc. Upon a voice vqte, all voting aye, the motion carried unanimously. MOTION by Schmed�ke, seconded by Zeglen, that the Planning Commission ' recommend to Counci], approval of the Proposed Preliminary Plat, P.S. #72-07, Jim Lund Acres, by James Lund Construction Co., Inc. being a replat of Let 13, Auditor's Subdivision M129. Upon a voice vote, all voting aye, the motion cdrxied unanimqusly. MOT�ON by Schmedeke� sec4nded by Zeglen, that the Planning COmmission recommend to Council dpproval of the Rezoning Request, ZCA #72-12, by Jam�s Lund Construction Co•, Inc. to rezone the West 250 �eet o� Lot 13, Auditor's Subd�vision if129 frOm C-1S (local shopping) to R-1 (gingle family dwellings). Upan a voice vote, all voting aye, the motion carried unanimously. ' � � ' , , ' , I , ' ' ;, :� � 12 E PlanninA Co�ission Meeting - December 6 1972 p 6. PUBLIC HEARING: REQUEST FOR A SPECIAL USE PERMIT SP Ik72-19 CABRELCIK: To continue the existing Use as a Used Car Lot and aa inside Repair Garage Shop to be located on Lots 6 thru 10, and Lot 16, Block 21, Hyde Park Addition per City Code 45.101, �}� Block 28, 3B, DandG. MOTION by Fitzpatrick, seconded by Schmedeke tq waive the reading of the Public Hearing Notice for the request of a Special Use Permit, SP #72-19, by Fr�k Gabrelcik. Upon a voica vote, all voting aye, the motion carried unanimously. Mr. Gabrelcik and qttidrew Kohlan, repreeenting Mr. Gabrelcik, were present. ifr. &ohlan said it was his understanding that the reason for this request was because the ordinance has been amended to require a Specia.l Use Permit for a used car lot. This property has been used for this purpose for a long time with the exception of the one lot Narth of 58th Avenue (Lot 16, Block 21) and the two lots on the South end of the property, Lots 6'and 7, Block 28. The purpose is to establish some guide lines on the uae of the land. Chairman Erickson said this praperty is presently zoned C-2, general businesa. He wondered why he needed a Special Use Permit rhen. Mr. Kohlan said the business is a legal noa-canforming use that has been established for some time, in fact, long hefore the zoning ordinance itself was established. There is a licensing requirement and one of the requirements foT obtaining a license 1s to get a Special Use Permit. Mr. Clark said the grandfather clause applies to Lot9 8, 9 and 10. Mr. Gabzelcik had just purchased Lots 6 and 7 a couple of yQars ago and also the one Tot on the NoXth side of SSth Avenue. Mr. Kohlan said they have been asked to show what part of the lots are used and what part of the lots are to be left vacant. Mr. Schmedeke asked if these requests covered two businesses. Mr. Kohlan said the inside repair ehop is leased. One part of the building is used fcr the repair business and the other part by the used car lot� Mr. Kohlan said the�e was an annual reviewal for the license required, but'if the Special Use Yermit wgs gzanted that would continue in effect. � Mr. TLinish said the number of cars on the lot seems e�CCessive, and the lot , untidy. If the Commisaiop takes action on this request, t�ey would want this Condition improved. Mx, �lark said what is Aeeded is a plot plan on how he . • itttends to use the pzoperty. There is a new licenaiag ordinance on used car , lot�, but he didn't knqw if it was adopGed yet, as a teading and puhlication had to take place. ' , +Chairman Erickson said the Special Use Permit could be issued under the preaeat ordinancet but the Cowaisaioa should i�ave a plok p13n showing where th�t exi.ating buildlmg is and what lo�s �rill be used fo� the used car 1ot, ' Mr. Qj.�xk sa�d i# �tr. Gabzelcik would co�e in. the City Staff would wprk �Sh him to gsapaie th�.� P],ot plan. , ' , ' I� , 12 F Plannintt Co�ission Meetiag - December 6, 1972 Pap MOTION by Minish, seconded by Zeglen, that the Planning Commission continue the Public Hearing for a request for a Special Use Permit, SP #72-19, by Frank Gabrelcik untii December 20, 1972. Upon a voice vote, all voting aye, the motion Carried unanimously. 7. SCI�DULE MEETINGS FOR FRIDLEY HUNICIPAL COMPREHENSIVE PLAN: ' Mr. Darrel Clark said we have called several communities to see how they scheduled their Comprehensive Plan hearings. All had only one hearing except Richfield. They said they have been having hearings for two years and if they , had it to do over again, they would have scheduled it for the one meeting. Most of the communities did the same as we did, dividing the City into areas. If one area needs more time, you can continue the hearing for that area. Mr. Clark said that in some places it went to the Planning Com.:.ission for '' hearings, then to the City Council for hearings, and 'some of .�t came back to the Planning Commission for more hearings. , Chairman Erickson thought it would be best if �Ite Planning Commission could have the hearings and send the plan to Council with the Commission's own recommendatibns. Mr. Clark said they also did not send notices to aIl the people. It was well advertised in the paper and editorials were written. Mr. Schmedeke thought i.t was important to emphasize that this is not a rezoning hearing. ' Chairman Erickson thought the Comprehensive Plan should be completely explained and the people told if they have any questions before the hearing to come to the City Staff. He also wanted it clear that they were not going to be Ehere to discuss the North Park issue. Mr. Clark said probably a notice could be sent with the City calendar which will be going out soon. Mr. S�chmedeke said we` will be looking at a Comprehensive Plan again in three yeax's. What we don`t accomplish with this Comprehensi.ve Plan, we will haVe a chance to look it all over again then. Ms. Schmedeke mentioned that apme of the Planning Commission members' t.erm of office is up the first of January. He thought it best if th� Qresent members stay on the Commission until the pSb13c hearings were through on thi! Comprehensive Plan. He said xt would be hgrd for any new member to £amilia}�ize themse]yes with the Plan on such short natzce. Chairman Eriekson said he thought a letter should be sent to the City Council requesting that the new members not take office until after the Comprel�ensive P�an hearings. ers Mr. Cl�rk asked Mr, $rickson if he would check the editorial for the paper and it would be shown to th� o[her members before it goes tq the papers foz aay addit�ons they might wanC to make. ]2 G Planning Co�ission Meetin¢ - December 6 1972 _ p_„_ _ 8. ADDITIONAI. DISCIISSION: Chairman Erickaon esid the Co�ission is continually getting requests for rezoning theae service sta[iona. I have talked to Mr. Herrick as I would like to see the ordinance changed to grant a Special Use Permit for non-conforming Usn regardless of the zoning. . 1�s. Fitzpatrick said that would save a lot of time. Mr. Clark said they can continue as a noa-conformiag Use until they vant to make some chaagea. Chatrman Erickaon satd hs felt that whea ws chaage the zoning classifica- tion. it could adversely a£fsct tha assa if Cha atation went out of busi.neae. Mr. Miniah aekad ii ths loopback on Cantral and Hack�pann was the optimum plaa. Ms. Clark eaid that no matlnr whexa tha loopback goes in, it will disxupt someona. Mr. Fitapatr�ck wondared how good a plan it wae. Chairman 8sickson �aid ha thougbt it had too many islands. Mr. Minieh said it did not •trlke him ae a good plan. Darrol Clark eaid in this loopback he thought the Union Oil Company would $1ve tha land if they could selocate their building. If the City had to buy the right of way, 1t could be expenaive. The Shell 011 right of way cost the Eity $22,500. Chairman Erickson asked if the police department could quietly take a ' traffic count on traffic going both ways at this intersection, as we may be cseatiAg a problem instead of solving one. When Matterhom Drive is completed iC could be that Matterhora Drive aad Silver Lake Rosd will take 80X of the ' traffic. , I � ADJOURNMENT: Chairman Erickaoa ad�ourned the mee�iag at 10:30 P.M. ,� Rsspecefully submi.tted b �Z4'� AO�OT87! SON, Acting Secretary e , ' ' 13 cI�r o� �°��; �, BUILDING STANDARDS-DESIGN CONTROL SUBCOPQSLTTEE MEETING OF DECEMBER 7 1912 The meeting was called to order by Chairman Zeglen at 8:30 P,M, ' MEMBERS PRESENT: MEMBERS ABSENT: OTHERS PRESENT: , , ' 1. , ' , ' ' Zeglen, Tonco, White, Simoneau Lindblad Jerrold Boardman, Planning Assistant tQOTION by White to approve the minutes of the November 21, 1972 meeting as written. Seconded by Simoneau, Upon a voice vote, all voting aye, the motion carried unanimously. Mr. John Metcalfe was present to present the request. Mr. Metcalfe said Che surveyor was in the process of drawing up the survey with the location pf the proposed house. He said the 1ot the house was being moved to was a walk-out lot and the elevation ot the Lot will raise the house foui feet. 19r. Toneo asked if [he grade will be left as is and the back excavated for drai4age, Mr. Metcalfe said that was his intention. Mr. Metcalfe said the garage will have a higher elevation on the new site. He fel[ this was an excellent house and was between ten and �ifteen years old, Mr. Zeglen said this house will fit into the Riverview area. Mr. Metcalfe said the house is brick on the flrst floor level, but not so u,uch of Ghe front w�11 be showing at the new location. Mr, Tonco asked if the hou�e met the Fridley Codes. Mr. Boardman said it did. , Mr. Toncp noted Mr. Metcalfe had not presented a landscaping plan. He said he kA¢w this would be difficult t.o draw up untfl the house was in place on the �ox. Mr. Hoardman said we should �ave the elevation of the house and the lot. ' Mr. Tonco brought up Lhe subject of a performance bond. After discussion the ` Subcommittee decided a$S,OOp performance bond should be posed to finish the houae and the landscapl4g, Mr. Metcalfe said he had to post a bond with the ' State of Mi,nnesota to move the house from its present location by January 17, 197.3. The Subcommi,ttee gave Mr. Metcalfe until Au$ust 1, 1973 to complete all Che work covered by the performance bond. , MOTiQN by Touco Co xecowmend to the City Council appzova� of Che request to move a house into Fridley with the following stipniatioasa _ , ' ' 1, $S,�QO perfprmaqce bond be posted for the completion of the house and l�ndacapj,ng. (Landecape plan to be submi[ted to the Znspection D�pt.) 2. 8levatioas be presented to Che Engineering pepartment. SFCOUded by Sin:�4eav, tJpon a voice vpte, all voti:�g aye, the motion carried uadAimouSiy. , � ' Z. , , BuildinR-Standards-Design Control Subcovmtittee Meeting of December 7 1972 ST TO CONSTRUCT A 10$ LEX TO BE LOCATED ON TY) GENERALLY LOCATED SOUTH SIDE OF MISS7sS THE Page 2 0 STREET N.E� AND Mx. Richard Schwarz, architect for the Nall Corporation, was present to present the request. , Mr. Schwar2 preseuted the site plan, He said there won't be access to the deveopment from 63rd Avenue or Mississippi Street. There will be:a ponding area for storm sewer water below Che street level. . ' � , , The trees to be planted on the site will include Hackberry,•Linden, Sugar Maple, Red Twig Dogwood, Russian Olive and Flowering Crab. The trees will be from 2- 2'� inches in diameter. Around the apartment build'angs there will be Juniper and Barberry to create private spaces between the units. Building ftl on the Southwest corner of the site is the smaliest apartment building. It is the :ype of building with two entries and two stairways. There will be 4-units on each floor. This is basically a 12-unit building where we have combined two buildings to make a 24-unit. We have created a little semi-private area for patios with shade trees. Townhouse A will be the basic unit. It will have many options. The e4cterior ' will have stucco end walls and stucco on the lower level. The balance of the building will have cedar panels with 2x8 or 2x10 trim around the windows and.the perimeter of the building. � � ' Townhouse B which is located on the Northeast corner off Mississippi Street �will have t�ack under garages because of the grade. Mr. Tonco asked if any of � the garages would be under someone else's unit. 'Mr. Schwarz,said the j garages would be under its own unit. All roofs will be composition shingle. � There will be berms from 4 to 6 feet high from the sidewalk elavations on ! this part of the site. The exterior of Townhouse B wi11 hav�,stucco end walls interrupted by projecting triangular bays and the inner walls will be stucco on the basement level with the balance of the wall being cedar ' aiding. p � , The apar[ment building plan shows the entrances to be a few steps above grade, You will either walk up a few steps or down a few steps. The entxances on the courtyard side are all at grade. These will be security ' buildings. At the end of each apartment building there wi�l be 2-bedroom units. The center section of each building will be 1-bedroom apartments. Op the first floor there will be 2-efficiency apartments j.q the center of , the building undex the �-bedroom apartments. There will be one laundry room in each section vf the building'. lIF. Wh�te asked abqut the disposal of trash. Mr. Schwars said there would ' $e a dumpster built �ptp the outside of the garage structu�e. The apartment buildings wi11 have stucco pane�ed wa�J,s at the end qf the high rise section ' l:� H ' 1 � Building Standards-Design Control Subcom�_ttee Meeting nf December 7 1972 Page 3 With stucco dividing-walls 1n between, the other ends will be cedar siding. Mr. Simoneau asked if there would be any recreational facilities in the ' apartment buildings. Mr. Schwarz said there would be a separate recreation building. t4. Simoneau asked if this buildiag will be used by all the people living in the towahous¢s and,apartmeats. Mr, Schwarz said this was the plan. , This will be in the commons area and you can enter from the townhouse area pr the ap�rtment area. There will be a rental office and sales office in this building but this will become a meeting room. There w�ll be an indoor swia�ing pool, a hobby room, small and large neeting ro�s, one with kitchen facilities. ' Mr. Tonco asked how this area would be maintained, Mr. Schwarz said the Owqers Association will take care of this. ' Mr. Simoneau said he would �ike to have it brought to the attention of the Tiall Corporation that during construction they should provide a good security system. The youngsters are used to playing in the area and will be drawn to ' the construction site, As many property owners in the immediate area were negative about this project if any child got hurt on the property, it could be a bad situation. ' Mr. Tonco asked what the footage was along 63rd Avenue. Mr. Boardman said it was 594.89 feet. In �he upper right corner of the apartments it is felt that we should have more garage space available. Mr. Schwarz said he couldn't , make any agreement for additional garages. This would be a decision by the Wall Corporation. Mr. Tonco said they would Like 22 more garages in this area off 5th Street N.E. ' ' ' Mr. $oardman said they would like to have more planting on Sth Street also. They would like the trees replaced that had to be desKroyed for construction. On 7th Street they will have to take the driveway out to allow for the 20 foot setback requiremeAt and put iA two exits with a 10 foqt radius. There must be a 10 foot radius on all entrances and exits apd pouYed 6"x18" concrete curb arqund all blacktop area. All parking spaces mus't be 10'x20'. Mr. Boardman Sa�.d the City had a signed agreement with the Wall Corporation and a list would be sent to Mr. Schwarz so he would know the items not xncluded in this presentatioa. , Mt. Ton�o called atteation to the following items: Souadproofing of the paYty walls, the corridor walls, separation between floors, transmittal of sound . through the stacking pE plimmbing, the fireproofing in the staiTways, and , the elevation o£ the garage toof which was in erroz, Mr, $chwarz mentioned a coup�,e of options on the party walla and the separntion betcaeen floors. $e said they would use wrapping and inaulation on the s[acked plumbing. ' He said the stairways wouid be U.a.C. 2 hour rat�d. He sa�d the gasage plans t�ere drawn up in a hux;y and would have the correct pitch of 3/1z. , ' , Mr. Schp+arz said the project would begin as aoon as ail the plans were finali,zed and the bids keC. MOTION by Toneq to recov�end to the City Couacil approval, �o cqnstruct an *parCment and townitouse development with the follpwing st�pulations: 1R Coupt.:qcC��2 addit;�oaa1 garages oEi $th Stxeet N.E. 1. Pspvide mo;e plantiag on S,c� Stseet. 13B , 1 ' 1 1 � ' �J ' 3. ' $uildinA Standards-Design Control Subcov��CCee Meetin� ��r Dece:�b� ��__ _ Page 4 3. Delete driveway on 7th Street and replace with two exits. 4. Poured 6x18 concrete curb around all blacktop, 5. Provide check list for the Architect on signed agreement between the City and the Wail Corporation. 6. Note the discussion on items of party walls, corridor walls, separa[ion between floors, stacking of plumbing, fireproofing .6f stairways, and the error in the elevation of the garage roofs 7. Provide 10 �oot radius on all entrances and exits. . Seconded by Simoneau unanimously. IaT�T;i THE Upon a voice vote, all voting aye, [he motion carried THE EAST HALF OF TiiE BEECH ' Mr. Richard Brama was present to present the the request. l�Li7:1�1 The Subcommittee had asked Mr. Brama to subc�it the material for the ' exterior.of the buildi.ng when he had presented the request for a permit to begin the construction of this building up to grade only. Mr. Brama brought in a sample of the structural panel he will use on the building. The structural panels are 8" thick. The company that installs , it will grout between the panels. It will all be in one piece from the -�# foatings to the the roof line. 3 FMr. Tonco asked how Chey were going to break up the monotony of having such 1 a large huilding all the same material. Mx. Brama said he had it put in the electrical bid that they would use decoratide lighting. � Mr. Tonco wondered i£ it could be painted around khe windoW lines. Mr. Brama said they didn't recqmp�end painting but it could be stained, The Subcoamiittee sald Khey would go ajong with aaything that wouY3 keep the � bu�lding from al,l being the same finish, MQTION by Simoneau to ;ecopm�end to the C1ty Coamcil approval of the request to construct a warehouse, Seconded by '�onco uaanimously. ro 0 UpoA a vo�ce vote, all voting aye, khe motion carr�ed 13 C � ' ' 4. ' ' ' ' �,I , ' 1 ' : ' ' � , ' , ' BuildinR S[andards-DesiQn Gontrol Suocommittee Meetin� of December ' �1 N�E TO GONSTRUCT A STORAGE BU � BROOK FARK �DDZTION, TtiE Y� M_INNESGT� 55432. (REf� N,E : FRIDLEY_ hi[ti'nRSn�^a _ 1 Page 5 LOCATED S & 'd Mr. Lynn S. Castner, attorney for S. & W. Realcy, and Mr. Frank Schaul, a partner in Machining, Inc. were present to present the request. Mr. Zeglen sajd he understood the;e was some problem with the location of the buildiag on the site which hadn't been resolved with the Board of Appeals. Mr. Castner said the plans had been changed so that no part of the addition was across the proper[q �Lfie. Mr. Boardman said the City Council would have to resolve the problem of the Locakien of the buildin�. All the Subcoeunitcee could act upoa was the addition itself and the improveu�ent of. the site�regardless of where the building is located. Mr. Bo,qrdman said the Cour.cil could recommend that t�hey request vacation of the alley or purchase enough land so [he old building is a11 on their property. Mr, Castner said ttiey had discussed this as a long- range solution to the probiem. The petitioner said they would be putting up a slotted cycione fence to match some fencing on an adjoining property. The West.side of the pdrking area and the South eide of the property will have a 5 foot planting strip in which they have agreed to continue the plantings of the neighbor adjacent to this property line. The curbing around the parking Lot wi!1 come down and tie intu the �urb line of the City so it will be there if tr� City curbs the street, Mr. Zeglen said there shoul3 be 10 �out cadius on all entrances. Mr. Schaut said this addition will be used for parts fer a smail c�achine shop. He said he employs 50-60 people on two shifts. Pir, Tunco said the additioz2 should be painted to match the existing building, Mr. Schaul said the entire buiiding will be repaineed. Mr, Zeglen esked about security lighting, Mr. Schaul was tu indicatc where he would add iighting. Mr: Schaul pickzd out five places £or security Li�nts and this was marked on the plan. Mr. Tonco asked about the handling of rubbish. Mr. Schaul said he had dumnsrers tha[ were ea�ptied twice a week. Mr. Boardman said we would have to have a drainage plan and the elevations of the lot. � 13D Suilding Standards-Design Control Subcouanittee Meeting a� Decembes 7 ly7' Page 6 Mr. Schaul said that 5 feet between the property line•and the blacktop he would use cruahed rock. Mr. Schaul was asked to uae some kind of posts or bumper stops on the side ot the building next to the parking lot to keep the care from hitting the building, Mr. Boardman said we would like to see some low plantings and a tree in the front of the building. MOTI�T by Tonco, seconded by Simoneau, to reco�end to the City Council eite plan approval Eo construct an addition to an existing building, with the atipulation that an elevation plaa be givea to the City Staff. Upon a voice vote, all voting aye, the motion carried unanimously, ADIOURNMBNT at 10:35 P.M, by C6airman Zeglen. &espectfully submitted, �� .!(, Z'-��"� Dorothy� Evecr§on, Secretary � a f 0 t m x i t � 1 � i i I3E � - ' ' ' ' ' Ct[v of Fridlev THE MINUTES OF TFiE 80ARD OF APPEALS MLTETING OF DECII+IBER 12 1972 The meeting was called to order by Chairman Dfinish at 7:35 P.M. I�IBERS YRESENT: Minish, Harju, Sondheimer, Wahlberg MEPfBERS ABSENT: Crowder ' OTHERS PRESENT: J. G. Thoele; Sales Manager €�r Lawrence Signs, Inc., Mike W. Salak; Retail Operations Manager for Lee Wards, Harvey Ralisch; Store .tanager for Lee Wards ,� 1 Mr• Harju, noted a correction on the Nw ember 14, 1972 minutes; the mntior� to approve the variance for iCem $2 was seconded bv Mr. .��ndheimer and not himself. MOTION by Harju to approve the minutes of the Nwember 14, 1972 meeting as amended. ' Se�onded by Sondheimer. Upon a voice vote, there being no nays, the motion carried unanimously. , MOTION Uy Wahlberg to apprwe the minutes of the November 28, 1972 meeting as written. ' Seconded by Harju. Upon a voice vote, there being no nays, the motion carried nnanimously. 1. , ' ' � , Mr. Mike Salak was present to preaent the request. He stated the facts that the shopping center is set back so far from Highway 1k65 and Howard Johnsun's Restaurant along with ltain City Federal obstructing the view of motorists traveling both north and south6ound on Highway �k65 as primary reasons they are requesting the variance. He also said the sign would be built professionally and would impruve the appeazance of the existing pylon. Mr. Minish a9ked how many tenants are presently ocpupying the shopping center. Mr. Salak said approximately 25 of which most of them are servlce oriented. Mr. Minish requested clarificatipn of the non-conforming 225 square footage. Mr. Moravetz said this was the total square footage of the area identification sign as it now stands. Mrs. Wahlberg asked abou[ the number of signs that have been placed on the pylon and also inquired about the liquor store sign. Mr. Moxavetz stated the liquor store sign wi11 be removed in the near future ' and that Ksogers and �iggly iiiggiy had signs up at one time but he was no[ aware of the total number that have been puL up and kaken down. , ' . _ 14A� The Minutes of the Board of AnPeals Meet�:� of December 1� 1972 Mr.,Minish asked Mr. Salak about the nature of the products. Mr. Salak saia they have been in business 25 years and that 957 of their material is used to make things with. He also stated that this'was going to become only the second Lee Ward's atore in Minneapolis and that most peop�e are not aware of their business. He sited this as another reason for their request. Mr. Mi.nish stated Che proposal does no[ confoxm to the Ordinance. However he did understand the problem Lee Ward's does have c.ith the long setback. Mr. Minish asked when they are expected to occupy the building and Mr. Salak replied the 9th of January, 1973. Mrs. Wahlberg asked if the proposed wall sign pn the building contomied tc the Ordi.nances . Mr. Moravetz stated they were below the 15% of the wall area and arc in conformity with the Ordinances. Mr. Harju stated tfie wording oa tne c.gn 3id not conform to the existing Glen's Floral sign. He felt that the sign was too wordy and that he would reconunend merely an identification sign. Mr. Sondheimer asked about thickness of sign. Mr, Thoele answered 8 incl:es. 2fi0TI0N by Mrs, Wahlberg to close the public hearing. Seconded by Harju. Upon a voice vote, there being no nays, the motion carried unanimous ly. , I�TION by Harju to recoomend approval to the City Council of the variance with the stipulation that they limit the sign wording to "Lee Ward's" only and not to exceed 27 square feet on the two sided altcrnace sign. Also the sign is tu conform to the existing signs on the pylon. Mr. Salak agreed with the motion. Seconded by Sondheimer. ' carried. ' � ' ' ' , , Upon a voiSe vote, Wahlberg voting nay, the motion Mrs. Wahlberg opposed as s}�e is against any signs of this nature. ADJOURNMENT: , The meeting was adjourped at 8:25 P,M, by Chairman Minish. Respectfully submitted, � � . -'�t :"t . : �� .,: ��,L��,_... CL ' E N�RAVETZ �' Acting Secretary I ' j` FIRE DEPARTMENT PAYROLL . Juae 14, 1472 thru December I1, 1972 ' YAHE NO. OF FIRES ' OFF DUTY ON DUTY DRILLS NIGHT DUTY TOTAL $5.00 t+0 PAY $5.00 $20.00 WAC,ES Aldrich, Robert 65 28 13 9 $ 570.00 ' Aakke, pale 2g Q 9 7 325.00 Bates, ,7ames 99 4 12 7 695.00 .Blomater, LeRoy 59 0 8 0 335.00 'Carrigan, Don 72 0 10 1 430,00 Case� Harry 72 0 4 0 380.06 Clark, Darrel 62 1 S� 5• 452.50 'Ek, Wayne 84 2 14 S , 590.00 Froom� Don 1 0 '� 0 7.SO Haley, dohn 68 .2 16 9 600.00 ftamer, Larry 51 0 13 9 SOQ.OQ , Harstad, Gordon 55 2 9 4 500,06 Higgins, Jerry 45 1 12 8 445,00 Hughes, Robert 68 ' 44 15 8 575.06 'Huss, DiCk 3 0 0 0 15.CQ Kasick, Charles 25 0 5 4 230.00 Kelly, Tom 52 2 12 10 520.OU 'Kreper, Dick 58 1 10 5 44Q.00 Larson, Gary 59 35 1S� 0 372.50 Larson, Richard 62 2 13 7 515.00 Longerbone, Merle 59 1 11 7 490.00 , Lorbeski, Jim 43 2 12 5 375.00 Lundgren, Arne 38 0 10 7 350.00 McKusick, Gharles 69 2 17 9 610.00 'Messer, Ralph 56 3 9'� 4 407.50 Olson, Art 10$ 0 8� 8 742,50 Ottem, Dennis 67 37 14 0 405.00 ,Peka, Larry 69 2 15 6 54�.00 Sachs, Don 22 2 5 ) 275.00 Sandin, Wcn. 56 0 4 2 340.00 ,Schmidt, Richard 61 2 12 7 505.00 Schoneman, Ron 97 2 16 5 665.00 Silseth, Arthur 75 2 9 7 560,00 Simonson, Howard 62 42 16 0 390.00 'Smith, Durl 58 7 12 14 630.00 Thompson, Gary 19 0 4 2 155.00 Trocke, Rodney 73 1 17 7 590.00 , TOTAL ' Geaeral Alarms Still AlaFms ' Company Alar�e , zi2a 130 15 19 229 391'� Total Drills 18 200 $ 16,557.50 � ' ' , � ' MEMO T0: SUBJECT: ' ' I'� �l ' ' , ' , ' �� OFFICE OF THE CITY MANAGER FRIDLEY, NIINPIESOTA December 15, 1972 THE MAYQR AND CITY COUNCIL CONSIDERATION OF ANOKA COUNTY ASSiJNIING AUR HEALTH INSPECTOR'S DUTIES Some years ago the City of Fridley established a Board of Health and hired a Health Inspector on a past-time basis to perform sanitary inspection activities. Since the time Fridley established this service, Anoka County has established a Aealth Department which performs many of the same services as our present Aealth Inspector does. This county service is partially supported Prom county ta�ces fY�om residents of Fridley. It appears, therefore, there is an unnecessary dupli- cation of health inspection activities in Fridley. Mr. Bob Autchison, Director of EYivironmental Services for Anoka County, has been contacted concerning the possiblity oi his department providing the health inspector services for our co�unity. Peter Herlofsky went over with him the scope of duties required by our municipality. Mr. Hutchison felt that his department was capable of handling our needs. The County's Comprehensive Health Department staff consists of a Director; two Health Sanitarians, one rural s.nd one urban; two.technicians, on�y one of these positions is filled at this time. Accompanying this memo is an agreement that has been received from Mr. Hutchison which has been signed by the Villages oY Le�cington, Lino Lakes and East Bethel, as well as the townships of Linwood and Oakwood. This a�reement will formally state what the Anoka County Health Department is willing to do. It requires no compensation on our part and gives authority to the Anoka County Health Department to enforce our ordinances. Mr. Gibbs, our City Prosecutor, is also the City Attorney for the Village of East Bethel. East Bethel has signed this agreement and has been very pleased with the cooperation they have received from Mr. Hutchison`s department. Mr. Gibbs has also assured us that the agreement between the City of Fridley and Anoka County will in no way hinder us in obtaining monies for our license fees. Accompar�ying this memo is a letter to Mr. McPhee outlining the possible con-• ditions of employment for 1973. These items have been discussed with Mr. McPhee and he understands our position and is wiliing to work with us through 1973 under this type of an arrangement. , The budget for 1973 ior the Health Sanitarian is $5,250 for the Health Inspector and $800 for temporary employees. It is hoped that the maximum of Anoka County's services can be used thereby reducing our cost to approximately ' $1200 for 1973. If additional services are needed, Mr. McPhee will be available under the agreement attached with the maximum cost of $4800. The City can there- fore make a savings of fYom $400 to $4000 £or 1973• ' , 'PfIE MAYOR AND CITY COUNCIL -2- DECEMBER 15, 1972 � RECOMI�'1VDATIONS: L Authorize the Mayor and City Manager to sign the agreement with Anoka County and make every ePfort to make use of the services provided during the year 1973. 2. Mr. Harvey McPhee, our present Health Inspector, should be retained on a negotiated retai.ner basis, thereby giving us a back-up alterna- tive if a problem arises. 3• The effectiveness of the County's faciiities to provide us with service will be evaluated before finalizing the 197�+ budget. Very respectfully, �� Gerald R. Da,vis City Ma,nager GRD/PJH/ms Eac: Proposed Agreement - At+achment "A" Letter to Harvey McPhee - Attachment "B° . City Code: Chapter 36, Board of Health - Attachment "C" c I6 �, 1 ` ' ' I `' AGREEMENT lo B ATTACIIMF7NT "q�t �THIS AGREEMENT is made and entered into 6y and between the Anoka County Comprehensive Health Department, hereinafter referred to as COUNTY, and the of hereinafter referred to as . This agreement is entered into pursuant to the provisions of the J oint Exercise of Powers Act, Section 471.59 Minnesota Statutes Annotated, and wid govemmental units recognize that pursuant to said authority they may enter into this agreement where they are jointly a�d cooperatively exercising a power common to ali of the contracting parties. WHEREAS, the County through the establishment of the Comprehensive Health "' Department and pursuant to that the appointment of their` Health Board and through its r ' , ' � � approval and adoption by the Board of County Commissioners and upon their compliance with Minnesota Statutes 645.021, that through these acts the County has the authority and capability as contained in Laws of Minnesota 1969, Chapter 235, to carry out and undertake the responsibilities as contained in Section 3, Subd. 1 of said chapter, and has further invoked Section 3, subd. 7 of said chapter, and WHEREAS, the has the responsibility for local health matters as contained in Minnesota Statutes Chapter 145 and particularly Sec. 145.01, t�:l� FOR ITS AGREEMENT hereby designates the Anoka County Comprehensive Health Board and its employees as their health officers who are hereby empowered and directed to carry out all of the duties and responsibilities of a local health officer for the and related sections. as contained in Minnesota $tatutes Sec. 145.01 THE COUNTY, FOR ITS AGREEMENT hereby agrees to assume the responsibili- ' ties as health officer• for the in carrying out all the duties and responsi- bilities of a local health officer as contained in Minnesota Statutes $ec. 145.01 and ' related sections. a AGREEMENT PAGE 2 . • The parties hereto mutually agree that the responsibilities contained in this agreement will be carried out by the County as a tax supported governmental agency ond that no additional compensation will be expected from the It is further agreed that this agreement shall be effective commencing with the day of , 1972, and shall continue to be effective until such time as either party to this agreement shall notify the otfier party in writing of their intention to terminate the terms and conditions contained herein, and that said termination will be completed thirty (30) days after receipt of such notice by either P°rtY• IN WITNE$$ WHEREOF, THE parties have hereunto set their hands this day of _. , 1972 In Presence of: ANOKA COUNTY COMPREHENSIVE HEALTH DEPARTMENT BY CITY OF FRIDLEY BY 16C i6 D ATTACfIMENT ^Bn l�C��G� O� JHlGiL6G� ANOKA COUNTY 6431 UNIVERSITY AVENUE NE FRIDLEY, MINNESOTA 55421 Mr. Harvey McPhee 3463 Zarthan Avenue South St. Louis Park, Minnesota , RE: Compensation for 1973 ➢ear Mr. McPhee: This letter is to follow up on your meeting with the City Engineer, Community Development Administrator and the Administrative Assistant concerning your 1973 rate of compensation. At this time the following items have been discussed and agreed upon; 1. You will receive a$L00 retainer per month. 2. You will receive compensation at the rate of $15 per hour for services rendered to the City of Fridley. 3. The $15 per hour will begin each month and will be counted against your $100 retainer, i.e., 4 hours work per month - payment will be $100; 7 hours per month payment will be $105; etc. 4. Compensation for services will not begin until you have entered the City of Fridley, but you will be guaranteed at least one hour's pay for each ca1L 5. Maximum compensation for one month will not exceed $400. I have been assured that these conditions of employment have been discussed thoroughly with you and if you have any problems or considerations during the year, we would appreciate your comments. I would also Like to note that we would appreciate an opportunity to discuss these items with you at least once during the year to review the services provided through the Anoka County Health Department and see how we can possibly improve their coordination with you. IfiE' Mr. Harvey McPhee _2_ s - I want io thank you on behalf of the City and we appreciate your willingness to accept these new terms. We have been more than satisfied with your services and hope to continue our association with you. Yaurs very truly, Gerald R. Davis City Manager GRD/PJH/ms CC: City Engineer Finance Directar Community Development Administrator I ■ ' , ` � �i,�;g'� r<<^ � .��,—E .�r.�;�., rs ;;�.._�u • _ . 36. BQARD OF HEALTH � 36.01. A board of health of three members, to be appointed ' by the Council at its first meeting following any regular election of inembers of said Council, is hereby created. t4embers . shall hold office for ihree years. Vacancies shali be filled ' by appointment of the Council, (Ref. 21) �. ' ' � ' ' ' '. I 36.02. ��;,,_'�r�n�� of s.�i� Board of -�1�� who shall be the;executive of tne .,,biis�i; and. If•no physician is avai7abTe°;"�nen the Ccunc executive of the Board and Health Officer. fi 36.03. It shall be the duty of the Board of Health to make such investigations and reports and obey such directions con- cerning cortsnunicable diseases as the State Board of Health may require or give, and to cause all statutes, ordtnances, by- laws, rules and regulations concerning public healtfi, lawfuily made, to be enforced and obeyed. "X ref. 50.051" 16 F 36.061 ' ATPACHMENT "C" ME�46ERSHIP EXECUT?VE DUTIES 36.04. It shall be the duty of the Health Officer to execute HEALTH OF�IC�R the Tawful orders of the State and City Boards o` Health ar,d to perform such otner duties as are or may be prescri6ed by statute, or by regulation of the State Board of Heal�n. 36.05. It shall he unlawfuT for any person to o�pose or obstruct a member of the Board of Health or the Health Off�cer or physician charged with Yhe enforcemer.t o° health ]aws, in performing any legal duty or for any person to obstruct or hinder the entry of sucii Health Officer uoon prem9ses or into buildings or other places where contagion, inrection, filth, or other sources or causes oi prever.table dis:ase exists or is reasonably suspected to exist. 36.06. The City Health Officer sha17 employ at the expense of the City such medical and other help as rray be recessar; in the control of communicable disease. All sta±ements of ex- pense incurred in establishing, enforcing and releasirg Guaran- tine shall, after payment, be certified to the County P,udi�or for allowance of one-half of the amount by the County 6oard to the City as provided b;� law, provided that no such expense shal] be paid by the City ur.less payment is r�r:;sed by tre person or persons liable therefor under th2 ;tai;utes, 36.061. The City Healtn Officer or anotner Tember of the board shall make a continuous sanitary inspect�rn :r; publ+� and private property in tne City and present a t�iritten report of such inspections together with his recommendarion to tne OBSTRUC?It�lG Eu;RD SANITARY ?P,SP:Cr{u;; 103 ; 16 G 1� ' 36.063 ' � �' '.� City Manager. ' 36.062. The City Health Officer periodically and as deemed PUBLICATIONS necessary shall cause a notice to be inserted in the official paper at the expense of the City calling health ordinance ' requirements and laws to the attention of property owner and occupants. ' 36.063. The members of the Board of Health shall receive COMPENSATIOW compensation for their services as the Council may prescribe for services actually spent in the performance of their duties. The City Health Officer, however, shall receive a salary to ' be determined by the City Council, payable monthly, which � � shall be in lieu of all other compensation from the City. ' - - ' ' . , ' ' 1 ' , , ' ' =" 104 - ` , I� �,-1 � CITY OF FRIDLEy MEMORANDUM , T0: GERALD R. DAVIS, CITY MANAGER FROM: MARYIN C. BRUNSELL, ASSISTANT CITY MANAGER/FINANCE DIRECTOR ' SUBJECT: SEWER RATE STUDY ' DATE: DECEMBER 15, 1972 1 ' ' In rt�y memo of December 1, 1972, I outlined several points relating to the change in the method of billing sewer charges by the Metropolitan Sewer Board. The question of how Fridley would biit its customers effective January 1, 1973, and the matter of whether any class of customers c��s paying a disproportionate share of the sewer costs was also covereG. As a follow up'to t M s, yourself, Virgil Herrick, Nasim Qureshi and myself met on December 14 to discuss the matter of a recommendat�on to the City Council for sewer use charges for the City of fridley for the year 1973. The points of discussion were as follows: ' 1. The Metropolitan Sewer Board will change its method of billing January 1, 1973. They will put part of the cost of their sewer bill on a connection charge basis. 2. The City of Fridley has joined in a law s�iit challenging this method of billing, The outcome of this law suit will probably not be known for several months. 3. If the proposed method of billing by the Sewer Board stands up in court, it is obvious that a general rate reduction could be given to currenL sewer users providing the City also instituted a connection charge. � It seemed to be the consensus that the City of Fridley should begin collecting connection charges effective January 1, 1973. It was nat quite so clear as � to whether sewer use charges in generai should be reduced at the same time, i inasmuch astle outcame of the law suit is in question. If the 1aw suit should result in the overturning of the policy of the ,Metropolitan Sewer Board, the � connection cha�rges would heve to be refunded to'the people taking out bu9lding permits. The �ity of Fridley could be caught in a bind as to whexe it would geY the money to p�ay the Metropolitan Sewer'Board.� It therefore seemed to be the consensus that;the safest course to follow would be to institute connection ' ' charges but not recommend � general reductipn in sewer rates at this time. The other subject covered in the conference was the matter of the staff work over the past several weeks concerning charges to dpartments. The City has been contacted several times by owners of some of the larger apartment project5 in the City questioning whether they are paying more than their proportionate share of the sewer costs. The part of the Study made relating to xhe sewer Charges did 9ndicAte apartment units at this time apparentiy are paying a . -1- 17 � �, ' I ' I ' , ' ' t ' UA T0: 6ERALD R. DAVIS, CITY MANAGER SUBJECT: SEWER RATE STUDY DATE: DECEMBER 15; 1972 . disproportionate share of the cost of sewer service. At the present time apartment units pay $12.00 per unit per quarter, as do single family houses. If apartment units and trailer courts were reduced to:$10.00 per unit per quarter, they would be paying close to what their proportionate share of the sewer costs are. They would still be paying a slightly higher proportionate share based on sewer flow. Sewer flow does automatically take into consideration the vacancies in apartment units. The attached resolution has been prepared on the basis of reducing sewer rates on apartments from $12.00 per quarter per unit to $10.00 per quarter per unit. This would result in a reduction in revenue of approximately $22,832.00 per year. Al1 other sewer use charges would remain the same until such time as the outcome of the law suit with the Metropolitan Sewer Board is known. If the position of the Metropolitan Sewer Board is upheld, a rate reduction would be in order for all classes of property with the connection charges picking up a part of the overall cost. -2- RESOLUTION NO �� 1972 A RESOLUTION PROVIDING FQR SEWER CONNECTION CHARGES AND :iMENDING SEWER USE CHARGES WHEREAS, The Metropolitan Sewer Board and Metropolitan Council have adopted a Service Availability Charge as part of their 1973 budget, and WHEREAS, The Service Availability Charge replaces the reserve capacity charge in the 1973 sewer bill, and WHEREAS, The Service Availability Charge S�hedule per unit adopted by the Metropolitan Sewer Board is as follows; and 1973 $275.00 1974 300.00 1975 325.00 1976 350.00 7971 375.00 WHEREAS, The Service Availability Charge sha11 be compui:w;� as follows: a) Single femily houses, townhouses and duplex units shall each comprise one unit; b) Condominiums dnd apartments shall each comprise 80% of a unit; c) Mobile homes shnll each comprise 80X of a unit; d) Other buildtngs and structures sha71 be assigned one unit for eaCh 100,000 gallons of flow which it is estimated they w911 discharge and commercial and industrial building units sha11 6e assigned a minimum of one unit; e} Public hou5ing un9ts and housing units subsidized under any federdl program for tow and moderate income housing shdll be COUnted as 75% of the unit equivalent for that type of housing. f) UAits existing or for which building permits were issued prior tp January l, 1973, shall be count�d as o�e-halfi the unit equivalent for that type of housing , if connected to the Metrppolitan Disposal System prior tq January 1, 1974, and shall be counted at the fu11 rdte thereafter. NOW, THEREFORE, BE I7 R£SOLVED, By the Council of the City of Fridley, Minnesota that: 1. 7hat effe�Llve January 1, 1973 the City of fridiey hereby pldces ipto effect the following Service Availability Charge. 1973 $275,00 1974 300.pp 1975 325.00 1976 380.pp 1977 375.00 a t ,a : ' � ' ' , I.' ' � , ' � � ' ' ' �-�, RESOLUTION N0. � �1972 A RESOLUTION pROVIDIN6 FOR SEWER CONNECTION CHARGES AND AMENDING SEWER USE CHARGES 2. The Service Availability charge shall be computed as follows: a) Single family houses, townhouses and duplex units shall each comprise one unit; b) Condominiums and apartments shall each comprise 80% of a unit; c) Mobile homes shall each comprise 80% of a unit; d) Other build9ngs and structures shall be assigned one unit for each 100,000 gallons of flow which it is estimated they witl discharge and camme�cial and industrial building units shall be assigned a minimum of one unit; e) Public housing units and housing units subsidized under any federal program for low and moderate income housing shall be counted as 75% of the unit equivalent for that type of housing f) tlnits existing or for which building permits are issued prior to �anuary 1, 1973 shall pay a$150.00 per unit if connected to the Metropolitan Oisposal System prior to January 1, 1974 and shbll be counted at the full rate thereafter. ' BE IT FURTHER RESOLVEO, That effective January 1, 1973 the following sewer use rate schedule will be in effect: a) Single family dwgllings (Including townhouses and condomiqiums) $12.00 per quarter b) Mu]tiple dwellings, trailer $10.00 per unit cqurts and motels c) Comnercial Q Industrial 0 ; 15,000 6allons �15.00 per�quartRr 15�000 -•50,000 6alions E.97/1000 Gal. Winter Water Usage 50,p00 - 150.000 Gallons $.86/1000 Ga1. Wjnter Water Usage 150,000 - 300,000 Gallons a.75/7000 Gal. Wjnter Water Usage 300.000 - 5Q0,000 Gallons $.68l1QOO Ga;, MinLer Water Usage Over 5p0,Q00 Gallons $.62/lOUQ 6aT. Minter Water Usage , PASSED AND �OpTED BY THE CITYf�OUNGII OF THE CITY OF fRIOLEY 7HIS � ��_ pqY OF �.�'-' _-` , 1972 ' YO - K 6. ' ATTEST: ' RY� G� R� S�S� U� 'c _ -, � ' CITY Of FRIDLEY MEMORANDUM �' . . ' �-� . . . . . . . TOs GERALD R. DAVIS, CITY MANAGER , FRQM: MARUIN C. BRUNSELL, A55ISTANT CITY MANAGER/FINRNCE DIRECTOR ,SUBJECT: SEWER RATE STUDY ` , DATE: UECEMBER 1, 1972 ' You fiave asked me to study the matter of sewer rates in view of the change in billing procedure by the Metropo7itan Sewer Board for the year 1973. The ' other factor that you asked to take into consideration was the matter of whether or not apartments or other classes of property are paying their fair•share or a disproportionate share of the total cost of the sewer operation, ' In determining the amount of revenue that must be raised by the sewer operation, the entire utility system must be considered. Dne reason for this is that approximately �140,000 must be transferred to Bond Funds in the � year 1972 and again in 1973 if the City is to avoid levying taxes for these Bond Funds. The Bond Funds are �rimerily for the purpase of improvements made to water operation of the uti}ity system. It is evident that the water ' operation will not earn sufficient money in 1972 or 1973 to make all of the required transfers. Therefore, part of the revenue will have to come from the sewer operation, unless a determination is made that the water rates shouTd be adjusted upward. � In July, I worked up a budget projection for the year 1973 for both the sewer operation and the water operation. The water revenues in this budget projection ' were $65,495 short of estimated expenditures for the year 1973. This $65,495 is the amount the sewer operation will have to carry in 1973 in addition to the other sewer expenses, assuming there is no change in the water rates. ' The budget estimate for the sewer operation for the year 1973 showed an estimated profit of $87,615, providing there are no major repair jobs during the year. � This is based on the old method of billing. In addition, the City would receive the benefit of a one time credit on the sewer bill of $71,714. � ' , ' ' The above information is in the way of background material before we get into the matter of the rates themselves. The next subject that might be touched upon is the matter of wh'ether or not the different classes of property are paying their own way. To illustrate the percentage of flow for the different classes of property and the dollars paid, see the chart below. No class of property is or"f by a substantial nargin, although, apartment units and trailer park units do pay slightly more than their proportionate share as compared to R-1 residential units and commercial and industrial units U� ` 4 ' �R , . TOJ� 6ERALD R. DAVIS, CITY NANAGER SUBJECT: SEWER RATE STUDY DECEMBER 1, 1972 PAGE 2 ' • ONE QUARTERS BILLIN6 (OLD BILLIN6 PROCEDURE) , . ■ 6allons � af Total Billing % af Total TRAILER COMMERCIAL APARTMENTS PARKS AND R_1 (2d07 UNITS) 460 UNITS INDUSTRIAL 107,757,660 28,532,500 3,500,000 90,265,080 46.84% 12.40% 1.52� 39.24% $68,041.56 $24,084.00 $4,872.00 $57,436.71 44.06� 15.60% 3.15% 37.19% Apartments 32,032,500 Gallons b Trailers 13.92% 6rouped (2413 Units) $28,946.00 18.75% Revenue for Apartments and Trailers if Bil]ed At $10.00 a Unit $24,13�.00 15.21% Revenue for Apartments Only if Bi71ed At $10.00 a Unit $20,070.00 13.34% 17E � TOTAL 230,055,240 100X $154,434.27 100% � ---------------- If the budget prepared for the sewer operation for the year 1973 is accurate, expenditures of all kinds will be $629,299 (new billing method). In addition, if the water rates are to remain as they are, the sewer operation will have to contribute �65,495 of the 5740,000 of the transfer5 required for the Bond Funds. This means the sewer operation will have to raise a total of $694,794. The figures in the preceeding paragraph assume the new connection charges wi17 be in effect. An assumption is aiso being made that connection charges levied by the City wil] be equal to the connection charges which must be remitted to the Sewer Board. To put this into perspective as to how much of a sewer rate reduction . would be possibie for current users, the original budget was orepared on the 6asis of collecting $624,332 from current usPrs. The budget using the new billing method � ; � � ' � ' ' � , � ' T0: 6ERALD R. DAVIS, CITY MANA6ER SUBJECT: SEWER RATE STUDY DEGEMBER i, T972 PA6£ 3 • . Uf by the Metropolitan Sewer Board indicates the City would need to collect $512,388 from the current users, or $111,944 less. This is a reduction of 18.5% on the average. The above figures are submitted on the basis of disregarding the one time cash credit which the City wil} receive in 1973. � The above figures are put together with the assumption there will be no increase in the level of expenditures or costs beyond 1973, except in the same"proportion that customers are added. It Should be kept in mind that the City is not tied tv the present method of billing, even if the Sewer Board did not change their method of bil7ing. The City could still put part of the charge ort a connection fee basis. The cherge for current users would be the same as noted in the above paragraph. Attached as Exhibit "C" is the projected 1973 budget based on the new method of sewer billing. The total amount that must be raised by customer charges fis $512,388. The rate schedule for the different classes of property could be.as foltows: ' R-1 - 5670 Units x$10.00 =$56,700 x 4=$226,800 Multip7e - 2467 Units x$8.00 =$19,736 x 4= $7g,g44 Comnercial & Industrial $47,097 x 4 = $1gg,3gg ' $494,132 Plus: New T973 Customers ' � ' $21:408 TOTAL REVENUE $515,540 BILLING % FLOW 45.90% 46.84% 15.97% 13.92% 38.13% 39.24% 100% 100� The actual rates for commercial and industrial property in the above illustration have not been computed, only the total amount of revenue to be raised. It takes a considerable amount of time to develop the rates and extend them to see if th2 necessary revenue is raised. This is not being done until the general overall concept is approved. o�receiveCa�lowercrate�thanVare�Rbl properties,c�ssthermatter�ofmhow�condominiums ' and townhouses are to be treated. I think we could make an argument for treating condominiums and townhouses the same as one family dwellings inasmuch as they get ' the same tax break on their real estate taxes as a one family house, and they are probably more inclined to use the same amount of water as a one family house as compared to a regular apartment unit. ' ' 0 y EXHIBIT �� U G . � . .-;_ l ' � . .. .. . . . . . . . . . . � .. . .4... .. ' � PROJECTED 1973 SEWER BUDGET BASED ON NEW METHOD OF SEWER BILLING �PERATING REVENUE ' Customer Billings $512,388.00 Connection Charges 177,706.00 � ' Other Sewer Revenue 4,700.OQ � , � $694.794.00 OPERATING EXPENSES , Sewer Disposal - Based on Flow Sewer Disposal - Based an Connections ' Transmission & Distribution ' Customer Accounting & Collecting Administration & General , Depreciation , TOTAL EXPENSES NECESSARY NET PROFIT ' ' , ' , ' ' I I $306,508.00 177,706.00 108,160.00 17,4T0.00 17,315.00 2,20Q.00 $629,299,00 65,495.00 �694,794.00 � ' ' a' fy RESOLUTION NO.� � A RESOLUTION ORDERING PRELIrIINARY PLANS, SPECIFICATI0N5, AND ESTIMATES OF THE COSTS TIIEREOF:STREET IMPROVEMENT ;' PROJECT ST. 1973-1 AND ST. 1973-2 (MSAS) ADDENDUM #1 BE IT RESOLVED, by the Council of the City of Fiidley as follows: I. That it appears in the interest of the City and of the property owners affected that there be constructed certain improvements, to-wit; Street improvements, including grading, stabilized base, hot-mix bituminous mat, concrete curb and gutter, storm sewer system, water and sanitary sewer services and other facilities located as followsc Streets Under Pro"ect ST. 1973-1 Addendum #1 Gumwao&-Street from 77th Avenue to°:78th Avenue. Alley 117 feet North of 77th Avenue between Gumwood Street and Beech Street 2. That the City Engineer, Nasim M. Qureshi, City Hall, Fridley, Minn. is hereby authorized and directed to draw the preliminary plans and specifications and to tabulate the results of his estimates of the costs of said improvements, including every item of cost from inception to completion and all fees and expenses incurred (or to be incurred) in connection therewith, or the financing thereof, and to make a' preliminary report of his findings, stating therein whether said improvements are feasible and whether they can best be made as proposed, or in cornection with �eme otfier ��provement� (znd *_he eetimated cost ae recommended), including also a description of the lands or area as may receive benefits therefrom and as may be proposed to be assessed. 3. That said preliminary report of the Engineer shall be furnished to the Council. ' ADOPTED BY T CITY COUNCLL OF THE CITY OF FRIDLEY THIS � DAY OF _ l��%,f` `l� , 197�J T ATTEST: CITY CLERK - Marvin C. Brunsell MAYOR - Frank G. Liebl � ' � RESOLUTION N0. � A RESOLUTION RECEIVING THE PRELIMINARY REPORT AND CALLING A PUBLIC HEARING ON THE MATTER OF THE CONSTRUCTION OF CERTAIN IMeROVEMENTS:STREET IMPROVEMENT PROJECT ST. 1973�1 AND ST. 1973-2 (MSAS) ADDENDUM #1 � WHEREP.S, the construction of certain improvements is deemed to be in the interest of the City of Fridley and the property owners affected thereby. B& IT RESOLVED, by the City Council of the City of Fridley, as follows: 1. That the preliminary report submitted by Nasim M, Qureshi, City Engineer is hereby received and accepted. , 2. That the City Clerk shall act to ascertain the name and address of the' owner of each parcel of land directly affected or within the area of lands as may be proposed to be assessed for said improvements, and � calculate estimates of assessments as may be proposed relative theret4 against each of said lands. ' 3. That the area proposed to be assessed for said improvements and each of them as noted in said notice are all the lands and areas as noted in said notice: All of the same to be assessed proportionately according to the benefits received. ' ' ' , ' ' , ' , , ' 4. That the estimates of assessments of the Clerk shall be available for inapection to the owner of any parcel of land as may be affected thereby at any public hearing held relative thereto, as well as at any prior � time reasonable and convenient. 5. 6. That the City Clerk is authorized and directed to give notice of such Public Hearing by publishing a notice thereof in the official newspaper of the City of Fridley and by mailed notices to all the property owners whose property is liable to be assessed with the making of these improvements according to law, such notice to be substantially in the form and substance of the notice attached hereto as Exhibit "A". w-"°.� T�at't�is .E`ouncil will meet on the day of __. , 197Z �E -^'o'clock P.M. at the City Aa '1�in-the City of Fridley for the pose of holding a Public Hearing on the improvement noted in the Notice attached hereto and made a part thereof by reference, Exhibit"9:': �l . ADOPTED B�i' THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS \� j DAY OF _ �.--�'" � L, 1972. ATTEST: CITY CLERK - Marvin C. Brunsell MAYOR - Frank G. Lieb2 1y l � '- , ' OFPICIAL PUBLICATION CITSC OF FRIDLEY (&XHIBIT A) 19A _' � NOTICE OF HEARING ON IMPROVEMENTS , STREET IMPROVEMENT PROJECT ST. 1973�1 F� ST. 1973-2 (MSAS) ADD. 1 � � ' ' 1 ' ' 1 I I ' r � T iiHEREAS, the City Council of the City of Fridley, Anoka County, Minnesota, has deemed it expedient to receive evidence pertaining to the improvements hereinafter described. ,.-�� THE�'ORE, NOTICE I�= HEREH�Y GIVEN THAT on th�`_ day of ' -� , att�/o'clock P,M. the City Council will me'et a �ity Ha11 in said City, and will at said time and place hear all parties• interested in said improvements in whole or in part. The general nature oF the improvements is the construction (in the lands and streets noted below) of the following improvements, to-wit: CONSTRUCTION ITEM ' Streets Under Pro'ect ST 1973-1 Addendum #1 Gumwood Street from 77th Avenue to 78th Avenue Alley 117 feet North of 77th Avenue between Gumwood Street and Beech Street ESTIAIATED COST . . . . . . . . . . . . . . . . . . $ 11, 5 0 0 . 0 0 THAT THE AREA PROPOSED TO BE ASSESSED FOR SAID IMPROVEMENTS IS AS FOLLOWS: I For Construction Item above _____________________________________ All of the land abutting upon said streets named above and all lands within, adjacent and abutting thereto. All of said land to be assesse� proportionately according to the benefits received by such improvements. That should the Council proceed with said improvements they o�ill consider each separate improvements, except as hereafter otherwise provided by th.e Council all under the following authority, to-wit: Minnesota Statutes 1961, Chapter 429 and laws amendatory thereof, and in conformity with the City Charter. ��; I)ATED THIS � DAY OF , l �"'� , 19 , BY ORDER OF THE CITY COUNCIL. Publish: MAYOR - Frank G. Liebl , ' ll 1 1 ' � 1 , ' Il P- RESOLUTION k0. _,I � �72 A RESOLUTION AUTHORIZIr1G AND DIRECTING THE SPLITTING OF SPECINL ASS�SSME1dTS ON PARCEL 1260, SECTION 3 WHEREAS, certain special assessments have been levied with respect to certain land and said land has subsequentty been subdivided. NOW, THEREFORE� BE IT RESOLVED as follows: That the assessments levied against the following described parcet, to-wit; Parcel 1260, Section 3� may and sha11 be apportioned and divided as follows: Qriginat Parc�i Fund Ori�Cina� Amount Parcel 12fi0� Section 3 Division af Parcel_Ap rp oved Parcel 1260, S�ction 3 ' � Parcel 1265� Section 3 ' ;(Exempt City of fridley property) t SW �13 (Mains) Regular SA 19�+ Serv. Co�n. 1964 Serv, Conn. SW ii70 S'�l ii7 � SS i�f7 Fund Regular SA Sw #13 1964 Serv. Conn. sw #70 su #70 S S !#87 Regular SA Sw !/13 Sw #70 SS q87 S Jf'oG,i7 1,099.41 934,00 1,144.15 ib,7&1t,48 99210e�3 11�27q,_�&__ �0, 31 t�.7� Ori�inal_Amount E� $ 472.75 3,399.65 1,144.15 6,805.?9 1,236.33 4,624.47 406078 2,925�28 7,649075 5�8�»017 ' Pa�tel 1300, Sectio� 3 Regula� SA $ 2�9�88 Sw �#1� 1,581.24 19� Serv. Conn. 934.00 ' s� !I70 2,256.34 SS #87 739.>4 ��+0, 310. � � � ' ADQPTfD B��p �E CITY COUNCi� OF i'HE CiTY OF FRIDLEY THiS Dr1Y OF --�--`==- , 1972• �—��a._ ' R7TESTs , 1 �I�'Y'Y CLERK �Marvin C. Brunset�� MAYOR r� Frank G. Liebl � � ' ' 1 ' � RESOLUTION N0. � � �- 197z A RESOW7IOM AUTHORI<`NG AND DIRECTING THE SP�ITI'ING OF SPECIAL ASSES�MENTS ON PRR7 OF �OT i3� PARLwI 2100� AUDIT03'� �!.!BDIVISION N0, 23 WHEREF�S, certain special assessments have been ievied with respect to certain land and said land has subsequently been subdivideda NC'�1, 7HEREPORE, BE IT RESOLVED as foltows: 7hat C�ie assessments levied against the following descri�.�=e parcei, to-wit: Part of Lot 13, ?arcel 21U0, Auditor�� Subdivision No. 2?, may and shait be apporYioned and divided as follows; � �ri inat Parcel Fand ��_ _..�_._ _ _ Part of Lot 13, Parcei 2100, Auditor's Reguiar SA Subdivision No, 23 ;w ;#7� , SW r�70 ST, i95$-1 Street iS �#79 Storm Sewer �ivision of Parcel Approved Part of Lot 13, Parc�i 2100, Auditor�s Subdivisior ;40, 2? Part of LoC 13, Parcel 211Q, Auditor's �u6division No, 23 Fund 7egular SF, 5', 1��y-i Street Reguiar SA sw #70 ST, 1G6$-1 Street Qr iai na l�ri�;ount $ i�o>68 179028 7?90�8 i,50o,50 �75044 $ 3,�}i�i.2_�_... Ori�inal Amo:�nt $ /6.42 toy.80 $ 49.3� , 7'��23 ' 640.50 Part of �ot 13� :Parcel 2120, Regular Sk $ 30.94 Auditor's Sub�ivisi�n ho, 23 SW N70 ��c,pg ST. 1965.1 Street 75�a:0 SS i�79 Storm Sewer 2�s,4•; �'3�t��i o2$. . . __. -4DOPTE7 `sY TNE CITY COUNCIL Uf THE CITY OF FkIOLEY THIS � JlIY Of � � `� a�� -_-___.---------- _____ � _____ , 19710 .47TEST: MAYOR � � � � frank�G„ Liebl G'TT" CLEl;K �! � 'Marvin Co Brunse'11 u � APPOINTMENT FOR CITY COUNCIL CONSIIVT AND APPROVAL NAME Richard N. Sobiech 4219 14th Avenue South Minneapolis, Minn. 55�+07 POSITION Assistant Engineer SALARY $15,000 Year � EF'FEL'TIVE DATE January 8, 1973 REPLACES Darr�l C'_;rk �ngi::eering Assistant � ' � , ' ' tyge,work , desired '' educatiort ' ; . Richurd h. Sobiech liarried 4219 I�th Avenue �-auth Two Children t:inncapolis, h�innesota 554!): .t�e 28 Telephone: Home N23-0039 Rusiness 225-4122 CiviZ Eneineer in tha fie1:9 of "•imicipal Enzinecrine ' liniversitv oF '�=inne�nta 1g62-1^66 '2eceived iiachelor of ,t�ricultural iineineering �eeree in Deeen:ber 1966. C'niversity of ?'ir.ne=ota I570- i'resent ,' Currentiv ,�crl;in� too:ard cie�ree in Civil F.n.ineerinm, Civil =:n ine�rinP curriculum to be cumpleted in ilece�nher 1S•72. , Re�istcred zis an n�rineer-in-Trainin� anu ta�:inP ar:rroTsirite sters to neco�;e � 2e:;istered i rof'essional i:nzinecr in 1973. ' . : :etive memhersi:i*+ in Lhe -,��:erican "ater Florks Ac��ciaticn and tF.e ':t. I �ul ::n>ir.cer's Society. exrerience �t. F:ul ':'ater .�er:art�*ent f,ctober 1�FiS_i'resent. � Presentl�� e>-rloyeci .�ith t%�e ',t. I'ai�l'tiater ':epartment as a Civil r.c;�inecr in tl:e Eneineerin� fffice. ori: ccnci�ts of T�lanninP� 9e�i�-n and cr.n�truction irs,ection of rater ' di:tribatxcn rrejectc, Inclu�e� ti�e rrerarati�n of ��o�ect fe;�si�ilitv re, ortc� e:,t� : ate cf l.ro�cct cr :l �� yn:: Tre*�nr.�ttirn , of naterini an�t 1•r.hor spccific<�tior.s, -evi�::e-; :'_��,lic o^F;� � and Cons;�ltant ;:ivir.�, sc:.cr and bri:?ze irojects as Li�ec affect t.'�e ��. ter distri!�ution =ti-stem. Involve:l ir. tLe ;Iesi.Tn of minor F..�vin.z and structnre ;:rojects. Fre.cr,=cu Iseliminary and con:;truction �urvc�•s for•��aiEr di�tributicn :ro,jects. ' Ze�resented Y��e :ater 3e�artr.Ent at ;.recon=tructicn conferences, Hoa>in�r ard Redev�loi:n:rnt�Cne.r�in:�ti��n Reetin,s an�i ;rivatc rievcior•,:cni Itar.r,in; m�etin-:. , Invol��ed uit`� reccr.: �eerin= :;�d j�lan filin-. 7n cc�atant contact witiz tlie �eneral �;uhlic ans:.erine cSuestir,ns and co:c:.laint.., 'r,.ilitary service ' refcrences , ' ❑nited ':tatr.5 1av�- :tetive ':i.ity 1'?S7 - ��tchPr 1��'i9 ��isci�,araed J�ru�� t:�e (1,�, itav�- in I�'ebruary 1S-7Z aftcr c�rvir.n faur ce.irc active re,erve,�tf,rce �-en�c active dui�� anei one cear stan�:thv� rc�crvc�, � � ` Furrtiched ugon reqiiest 71A b 4 t � y C L A I M S 0 GENERAL� LIQUOR• . pecember 1$, �972 Ok30440 thru �k3q587 4k7293 thrd �p7323 a � �� CONTRACTOR'S LICENSES TO BB APPROVED BY CpUNCIL AT THEIR.MEETING ON DECII�ER 18. 1972 GENERAL CONTRACTO& APPROVED BY 0. A. Anderberg Company 2923 Oakland Avenue ' Minneapolis, Minnesota By: Orin Anderberg Clarence Belisle Cooper Constxuction Company 8437 Universiry Avenue N.E. Minneapolis, Minnesota By: liiamas Cooper Clarence Belisle Ching Johnson Builders, Inc. 3507 West SOth Street' - - Minneapolis, Minnesota By: Ching Johnson . Clarence Belisle Reqway Builders Inc. . 10910 South Shore Drive Minneapolis, Minnesota By: Dave Morman Clarence Belisle SIGN ERECTOR (1973) Gold Medal Beverage Company P. 0. Box 3466 553 North Fairview Avenue St. Paul, Minnesota By: Iiaskel Fishman Clarence Belisle \ � ^� � 0 ,�_ � t� �_ _ � e. e 24 _.. , . 24 A 1 _ ' Mu1t3g1e.Dwelling Licenses to be Approved by Council December 18, 1972 September 1, 1972 to September 1, 1973 � Name 9ddress Dnits Fee Approved by , Donald Aunen 5770 - 2nd St.N.E. 8 �10.00 Robert D. Aldrich, 5770 - 2nd St.N.E. Fire Prevention Dept. ' Fridley, Mina. ' ' , ' ' ' ' , ' ' , ' ' , FSTIMATES FOR CITY COUNCIL APPROVAL - DECEMBER 18, 1972 Weaver, Talle & Herrick 316 East Main Street Anoka, Minnesota 55303 November Retainer and Services to date Dunkley �urfacing Company 3756 Grand Avenue Minneapolis, Minn. 55k21 FINAL payment to Dunkley Sur£acing for StYeet Improvement Project ST. 1968-18 Subuxban �gineering, Inc. 6�75 Highway No. 65 N.E. Minneapolis, Minn. 55k32 PARTIAL Estimate #1 �'or additional staking in Innsbruck North - 3T 1972-1 Comstock & Davis, Inc. Consulting Engineexs 1446 County Road "J° Minneapolis, Minnesota 55�+32 PARTIAL Esti7nate #11 for the staking out of the constructj.on work for Sanitary Sewer, Storm Sewer & WateY Improvement Project No. 102 f'rom October 30 through November 25, 1972 $ 1,993.�+0 $ 4,700.00 $ 510.05 $ 2,763.75 � 25 , _..._._ _._ . . _ . _ 1 1 1 _iN OFFIC[• WEAVER, TALLE & HERRICK ' CMRFLE3R. WEAVEfl HEXMRN L.TALLE VIflGILC. HEPRIC6 'aoocwrMUHHS December I4� i972 JAMESO.G18O5 �FqEDERICK W. REIBER� JR. P.�TRICI( J. FlOCHE, JN. JIflL1�M K- OOOOXIpN ' City of Fridley , ---------- -- - -- -- - __ _— --- --- -- -__ -- — , -- -- ' November Retainer (City Attorney $750.00p Prosecutor 5700.00) ' Minn. Trans. R.R. Co. 3 hours Fridley vs. Chies 2 hoUrs Glover vs. Fridleg 2 hours ' St. 1973-1 to St. Z973-2 3 hours Deposition - Reiners 1 ga�. 11 hours ' Expenses Advanced: Temporary Secretarial Services ' � . TOTAI. . . . . . , , ' ' ' 25 A 3:6 EAST MnIN S�REE: ANOKA.MINNESOTA353C:3 a��esie $1,450.00 385.00 . I58.40 . . . , $I,993.40 ' � 1 ' u , ' ' , ' ' 25 � � � � �R�l,�u �,, rga _�.«. E,nsz- _ `i;an, �' `ir��:r.�., }C, :',q< Suburba� ]En ��e�rIl� � �mc. � �t�� ,,,�� `��y � , � �� c �. (�u� �athFun ��<u � .�.��_. Jl�4i� yjjiu �q7�S' ��may `.11n. 65 `.n. E.' ✓rwlrytqpoip, ..J�%qR�wta SSYI• �da•� aSaut� �fjice ao� �%s! �u:nsu�i�e Ciosstmm� �masuille. ,�`3llnnr:ota 553�8 8go-55io Mr. Nasim M. Qureshi, P.E. City Engineer City of Fridley .6431 University Avenue NE r Fridley, Minnesota 55432 Cr'nii B2 .�`�iunic�pal �agineeeing Land Sutveyois �nnn �anniny S��l 7�,u.,s February 11, 1972 Re: Final Payment to ilunkley Surfacing'Co. for Street Dear Nasim: Improvement Prcj. ST 1968-1B Last year we met with you and Mr, Londor o: P!.nx1eJ Surfacing Co. and reviewed a number of minor snortcomings in the subject project. As a result of that meeti.ny agreement was reached on the dispo�ition of the *?atter. A one half value deduction has been calculated for t.he seal coat whxch stripped on Horizon Drive and Horizon Circle and a short stretch of curb on 67th Avenue witn a poor surface. The value of this deduction was off set by the new construction of a concrete valley qutter to improve the drainage at the intersection of Horizon Urive an3 Horizon Circle. The net result was a deduction from the retainer of $300. ' We recommend that the City of Fridley pay DunklAy Surfacing Co. the retained funds less $300.00 r"cr *_he • subject project. ' � �� ' ' ' WEJ/7P cc: Mr. James Londqn, Dunkley 5urfacing Co. Sincerely, SUBURBAN ENGINEERING, INC. I ��_.� C.. C. �„�� ` - � --_- William E. Jensen, P.E. � �� - f Y I ;7 , �c; ls• ;il;�';{.: �'� ,-; ;,� Y I ■ I 1 1 ' ' ' �� '' r, � � 1 usureow�r �� NOINEERINip I IdC. INVOICE � Cioil & Mw�icipal Eregineering • Sodl Testing _ � J.and Surueying • Land Planning City of Fridley , ' � 6431 Univetsity Avenue NE Fxidlep, Minnesota 55432 FtA4iT TY ' ' I , , I ', i , ' .'' ' M:� �� , � -� 25 C Main Office 78G-6066 6875 Highway No. 65' N. E. i Minneapolis, Minnesota 55432 $outh Office 89Q f5ho 151 West Burnsville Crosstown Isurnsville, Minnesota 55378 DATE NOVembQr 30, 1972 � INVQICE NO. S# 9218 � . Pa i a 1 DEtCR1iT10N Additional sta�Cing in Innsbruck North: 9etting grades on.Art'hur Street and innabruck North ahd setting offeet staicea - 18 field crew hours Field ciew - Bo8 Kiach -$5.48/hr. � 18 i�oure R , Mar�t Au£te - $3.50/hr. @ 18 houzs = Jamee Areut - $3.90/hr. �+ 18 houra = a 197Z- � �� . • ` To�az - - - • �✓< /'� tl AMOUN7 $ 98.64 63.00 70.20 $231.84 x 2.2 $510,05 , � RESOLUTION N0. � V�, - �972 L_1 ' ' 1 , � ' ' ' ' ' A�ESOLUTTON AUTHORYZING AND OIRECTING THE S?LIT7ING Of SPECial ':;�ESSr;EN'S Gy PARCEI 4800, SECTION 1'+ WHEREAS� certain special assessments have been 1ev�ed wi:h respect to certain land and said land has subsequently been subdivideh. NOW� THEREFORE, BE IT RESOLVED as follows: That the assessments tevied against the following described parcei, to-wit: Parcel 48pp, Section 14, may and sha11 be apportioned and dtvided �s fotTows: Oric�inal Parcet Parcel 4£300, i2c:ion 14 Oivision of Parcel Approved Parcel 4800, Section 14 Fund Regular SA ST. 1951-J ss #71 ST. 1965-2 STo 1g66-3 (turb) ST. 19b6-? (Siderralk] ST. 1966-1 ('d & S Serv, ) ST. I 967 -�� S7. 1967-4 Fund Regutar SA ST. 1)5'-1 SS �71 S7. lQ65-: ST. l9EF-3 iCurb) ST, 196��-3 (Sidewalk? SF. ?9��-1 (W b S Serv.) STo 1967-4 Oriqi�al ,Amourr. $ 9,7�+5�5� Pai d t,e�3.82 b,9EE.if 82�,�+6 �56,iw i,310.38 2,528oto 3,195.90 $Zb,3�+9a�+� � Oriqinal Am�unt S $,929.99 Paid 1,019.>� �,986a35 5�012 449.42 1,3�0.3" 2„?8 ,10 ' ;Parcel 4850� Section 14 Reyular iA $ 819.51 � S� �Y71 74�20 ' � ST. 1966-3 (Curb;: 251.34+ � � ST. 1966-3 (Sidewalk� 205.7 ' � ST. 1967-4 3�195.9� � � >26,349.4 ' AaOPTED � ME .T.±Y COUNCiL OF THE CITY OF fRIDL'cY THi; ��__ DAY OF , 1972. ' A7'TE $T; ' ' CITY CLERK i Marvin G. Brunsell MAYOR Frank G. Liebl � ITEM �k27 DISCUSSION OF NORTH PARK AREA - PRESENTATION BY DAVE HARRIS u a e v , , ' FIRE DEpARTMEN'(' REpORT FOR NOVEMBER 1971 ' Fire alarms January through November 30, 1971 ....... 318 r" Fire alarms January through November 30, 1972 ....... 310 Decrease in alarms this year through Nov. ....... iS 1 ' Fire alarms for November 1972 ,,,,,,, ZS Fire a3arms for November 1971 ,,,,,,, Zg Increase in alarms for November 1972 ....... 2 ALARMS Autos F, Trucks 6 Rescue $ ist Aid 0 Commercial i Industrial 1 Multiple Dwellings 0 Houses 1 Private Garages 0 Dryers 1 Gas Spills 2 Faulty Alarms 2 False p Grass F, Sausli S Trash Z Shacks 1 Water flow 1 Broken Gas Main 1 Snow Blower 1 Assist Police 1 Hydrant Open 1 Fire Out 1 Total....... 25 TYPES OF ALARMS AND AVERAGE RESPONSE General Alarms ..... 17 Still Alarms ..... 5 Company Alarms ..... 3 Average response ..... 17.47 Average response 2.20 Average response 11.00 The fire loss for the month of November was less than $4,000.00 The largest loss was a house fire at 192 RiverEdge Way, which accounted for approximately $3,000.00. The second largest loss was in the amount of approximately $250.00 damage to a grain dryer at the Minnesota Linseed Plant. The balance of the loss was due to automobile fires. Three drills were held this month with an average attendance of 22.66 men. The regular monthly meeting of the department was held November 2nd with 29 members in attendance. • The regular meeting of the North Suburban Mutual Aid Association, was held Tuesday November 28. Miss Robin Markuson of the Hayes School, was the winner of the Fire Prevention Poster Contest in the Fridley Schools. She was also the winner of the North Suburban Poster Contest. Her poster will be entered in the State of Minnesota Contest. Columbia Heights responded to two of our fire calls under the Joint Response Agreement. The alarms they responded to were Wickes Furniture Warehouse and Minnesota Linseed Co. They were not needed so they returned to their station. Twenty-four children and four adults toured the fire station. MEETINGS ATTENDED: Staff Meetings Purchasing Meeting' Red Cross Meeting-Disaster Unit Metro Paid Fire Chiefs a � Respectfully submitted, ��o�/ / <f�G,�`/�Zfk% bert S. 'Hughes, C�x� £ U ■ � n � � , t N N n H � F V Q V N ' F N � a R7 R� � � 3 .�. � N N � 0 � i � rn N � � � < v 0 v � .., � .. - � � � � � � .. � \ \ \ \ \ ` �„� � M N N F-� � �..� � � W �' tD Go \ \ F„ � F \ \ \ \ V V \ V G V V V V � N N N N� � N N V V N � O O i-+ . H H � ti+ N C O �0o T O� � tn A F., p ti N Vl N (n '. �� N W N 4 W W �-• OD O 0o N N C w w b �c � �v w �cs w � � � � a � � � � N `C CO � � W `+7 \ Co W W p r � N 7C' . L3. F+ y V K �w''• H � a y a ,. w y '� n s+, � N Z„ � L„ F+• `rJ C N C�.�7 Cn �t C 7 K ~' '* �• c � � �• M w N H �� .O �' G7 N C t�i� � H H � � � y �. � � a � rr � r y c � � m z � �+ a � � � e • a . �� z � m � � n' n' � F+. 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' , FIRE PREVENTION BUREAII , S�mary of Activites November 1972 This Month ' This Month Last Year Total Buildings Inspected 80 90 416 ' Re-Inspections 26 11 125 Iaspections other 28 4 95 ' than Buildings Burning Permits Requested 0 1 23 ' bq Inspector 0 0 10 . . by Othera 0 p p ' Special Permits 1 0 14 Occupancy Permits 0 0 Z , Total 135 111 662 ' Orders Issued 35 11 gg Orders Completed Z1 1 91 ' Illegal Equipment 0 0 p ' Written Warnings 40 11 ' 112 Verbal Warnings 16 20 168 ' Complaints 0 14 12 Fire Investigations y g 32 r• ' Eztra Activities: ' Meeting at Midland Co�-op on insurance Pickup of Fire Prevention Posters at Schools Judging of Fire Prevention Posters ' 03sits at all Sth grade classes (2nd visit for year) Mutual Aid meeting for judging of Fire Prevention Poster winner - Fridley won the prize ' ' . ' ' , . , FIRE PREVENTION BAREAII ' ' S�mmarp af Fire Alarma Nwember 1972 ' This Month This Month Last Year Total " ' Reaidential 1 6 38 Noa Reaidential p Q 9 ; , Commercial 3 1 17 Induetrial 0 1 12 ' Grass :5 Brush 3 Z 4�' ' Auto 5 Truck 6 0 49 lst Aid & Rescue 0 � 1 15 , False 0 3 � Honest Mistake 1 4 25 ' Miscellaneous 11 4 74 , ' Storage 0 1 8 Mutual Aid p � 0 ' Hilltop 0 0 7 Total 25 23 301 ' Response: 25 Alarms 341 nen ' General Alarms 17 297 men 17.444 men/call Company Alarms 3 33 men 11 men/call Stf11 Alarms 5 11 men 2,2 men/call ' Death S Injuries for month of November Injuries Deaths Total for Year Firemen -0- -0- g ' Civilians _p_ _�_ 1 Total Losses for month of November Buildings Contents Auto & Truck ' $752.00 $220.Oa 5515.00 Total Losses for Year Buildings Contents Auto & Truck $158,754.50 $131,065.00 $5,298.00 ' Railroad Cars 8,000.00 b ' � ; `^'�^�^ ^�^� - ; �, m m �, �, 1 i^ �^�^ � ��,� �� °�o� . —�il� 1� I� �1�.�0 N � N ct V N� V d' 01 OD) � � �! 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