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05/15/1972 - 00017423� , . �l1 THE MINUTES OF THE REGULAR COUNCIL MEETING OF MAY 15� 1972 � The Regular Council Meeting of the Fridley City Council was convened at 7 45 P.M., May 15, 1972. PLEDGE OF ALLEGIANCE: Mayor Liebl led the Council and the audience in saying the Pledge oP Allegiance to the Flag. INVOCATIONc Mayor Liebl offered the Invocation. ROLL CALL: MEMBERS PRE5ENT: Utter, Mittelstadt, Hreider, Lie.Ul MEMBERS ABSENT: None ADOPTION OF THE MINUTES OF THE REGULAR COUNCIL MEETING OF APRIL 17, 1972 MOTION by Councilman Mittelstadt to adopt the Minutes o£ the Regular Council Meeting of April 17, 1972 as submitted. Seconded by Councilman Breider. � Upon a voice vote, all ayes, Mayor Liebl declared the motion carried unani- mously. ADOPTION OF AGENDA: Mayor Liebl said the £ollowing Communications are to be added to the Agenda: Receiving Letter from the Veterans Administration Regarding the Island of Peace Pro7ect. Receiving Minutes of the May 4, 1972 Meeting on Island O£ Peace Pro7ect. Receiving Memo from Leon Madsen Regarding the Island o£ Peace Pro�ect. Mayor Liebl suggested that the items on the Agenda be moved around to accom- modate the people waiting in the audience, so they will not be taken in order. MOTION by Councilman Breider to adopt the Agenda as amended. Seconded by Councilman Mittelstadt. Upon a voice vote, all ayes, Mayor Liebl declared the motion carried unana.mously. VISITOP.S Mr. Carl Paulson, 430 57th Place N.E. Mr. Paulson said that he had two preambles to present to the Council. One con- cerns the lack of respect for law and order, specifically that there are never ' protests heard about high speed traffic, yet look at how many are killed in traffic accidents. If parents circumvent the law, how can their children do otheiwise? The second item is that there are at least three items held over from the previous Council and this is leading to the abolition of local autonomy and a take-over of the local government by those higher up. Ae said he would reveal specifics later. �� r REGULAR COUNCIL MEETING OF MAY 15� 1972 PAGE 2 � Mr. Mike Rotter, 7420 West Circle N.E., Castle Mobile Homes Mr. Rotter said there were two stipulations on the special use permit he would like to have the Council reconsider. One is Stipulation #10 regarding the requirement for wood walkways to all units from the blacktop area He said they are putting crushed rock with oil around the mobile homes, and he felt that would be more than su£ficient for walking and drainage. The second item is Stipulation #11 requiring a security fence on the south side of the property from where the trailers start to the eastern edge. Councilman Utter said that he did not feel the crushed rock would be very presentable a£ter it is oiled £or a walking sur£ace. This a.s meant to keep the dust down and he would not think they would want the oil tracked into thea.r trailers either. Mr. Rotter said £irat they were 7ust going to use dirt, then the Building Standards - Design Control required them to use crushed rock with oil. He said they felt this would provide a hard sur£ace. R10TION by Councilman Breider to allow occupancy with the wood walks held in abeyance to see if the need exists after they are in operation, and also to waive the securrty fence provided a letter is received £rom Strite-Anderson stating they do not feel the fence is necessary. Seconded by Councilman Utter, Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. ' Mr. Rudy Boschwitz, Plywood Minnesota Mr. Boschwitz said he would like to request an extension of the special use permit issued to Viewcon for their A-frame chalet-type sales o£fice. He said he had arranged wrth the owners to use the building for about 6 months if the permit is granted. He said he understood their permit has expired. Mayor Liebl said this building he hoped would belong to the Parks and Recre- ation Department when they are through with it and that arrangements have been made. He said he was very proud o£ the business operation of Plywood Minnesota in Fridley, and asked the City Attorney what ka.nd o£ a permit this would be. The City Attorney said it would be a renewal of the permit issued to Viewcon for a temporary structure. Mr. Boschwitz added that it would be used as an ofFice. Councilman Pseider asked if this building would be used for the sale of lots or houses and Mr. Boschwitz said no and Councilman Breider asked i£ it would be used for his business and Mr. Boschwa.tz replied no, it will be used in con�unction with his political activities. Mr. Boschwitz asked what is going on on East River Road south of him. The City Attorney said that some land is being £illed by F.M.C. using the excess material from the Burlington Northern operation. They are trying to improve their pro- perty, but he did not know if they had a buyer. MOTION by Councilman Mittelstadt to approve the request by Rudy Boschwitz £or ' the use of the A-£rame building owned by Viewcon for o£fice purposes Prom May 15, 1972 to November 15, 1972. Seconded by Councilman Breider. Upon a voice vote, all ayes, Mayor Liebl declared the motion carried unanimously. _ � fl �� REGULAR COUNCIL MEETING OF MAY 15� 1972 Jack Eugster, Acting Store Manager for Target PAGE 3 Mr. Eugster said that through a mix-up in their office, they failed to file a request for a permit to allow an ezchibition that is scheduleci for May 22, 23, & 24. This is a Goodyear exhibit and there would be £a.ve or more racing cars in the northeast corner of their parking lot. Mayor Liebl asked i£ tYiere would be sales conducted in the parking lot. Mr. Eugster said there would be sales people there and that they would have tires etc. on exhibit, but the actual sales would take place inside the store. The cars will not be movecl. Councilman Mittelstadt asked i£ these would be new cars and Mr. Eugster said this is a national exhibit that travels around the country. He thought per- haps local car dealers may be asked if they would wish to include cars of their own. He added this would be all on their own property. MOTION by Councilman Mittelstadt to grant the request Por a pernut £or an exhibition on May 22, 23 & 24 on the Target property for the display of cars and accessories. Seconded by Councilman Utter. Upon a voice vote, all ayes, Mayor Liebl declared the motion carried unanimously. Diane I3agstrom, 6645 Lucia Lane, Request for No Parking Signs Ms. Diane Hagstrom said she would like to request "No Parking" signs on Luca.a Lane. Mayor Liebl said there was a study done on this problem, and asked i£ there was still heavy tra£fic and if so, when? Ms. Hagstrom said it was the worst on Saturday and Sunday and aPter 4:00 P.M. Mayor Liebl asked i£ this problem was caused by the apartments and Ms. Hagstrom said they were the ones that park there. The City Manager asked if she mean on both sides and asked i£ this would not eause the residents troable with visitor parking? Ms. Hagstrom said there were signs on the other side o£ the street but the cars still park there. As to any visitors, they cannot park in the street now because it is already full of cars. She said the trouble does not go beyond her house because then the apartment parking lot is closer. The City Manager said that he felt that be£ore either a sign is installed for her house, or all along the street, that the other residents should be contacted. Ms. Hagstrom said she had already talked to her neighbors. The Council requested Ms. Hagstrom to wait until the Administratlon can check with the other residents and in£ormed her that it should take about a week. DISCU5SION REGARDING MAKING AN APPOINTMENT TO FILL THE UNEXPIRED TERM OF OFFICE OF SECOND WARD COUNCILMAN• (Tabled May l, 1972) Mayor Liebl said that the filing notices have been received and it is close to the time when the filings for office have to be made. He asked i£ the Council would wish to Pill the seat for a few months or wait until the £ilings are com- pleted, or after the election. He pointed out that Wards One, Two and Three will be open, and will be voted on in the fall. MOTION by Councilman Breider to o.ffer as a suggestion that, as the time is drawing short, that this item be tabled until November 13, 1972 which is one week after the election, then the Council can appoint the person that won from the Second Ward. Seconded by Councilman Mittelstadt. Upon a voice vote, all ayes, Mayor Liebl declared the motion carried unanimously. � � _J ' 3 p'��� REGULAR COUNCIL MEETING OF MAY 15, 1972 PAGE 4 � MOTION by Councilman Breider to instruct the Administration to transfer the 7 months pay £or the Secoad Ward Councilman from the Council budget and put it into the Parks and Recreation budget for use in the Second Ward park system. Seconded by Councilman Mittelstadt. Upon a voice vote, all ayes, Mayor Liebl declared the motion carried unanimously. ORDINANCE #511 - AN ORDINANCE FOR VACATION SAV ,�72-01 BY RUSSELL HEDGE. GENERAI.LY LOCATED AT 649 53RD AVENUE N.E.: (Madison Street) MOTION by Councilman Breider to adopt Ordinance '�511 on second reading, waive the reading and order publication. Seconded by Councilman Mittelstadt. Upon a roll aall vote, Mittelstadt, Breider, Liebl and Utter voting aye, Mayor Liebl declared the motion carried unanimously. FIRST READING OF AN ORDINANCE FOR VACATION REQUEST SAV #72-03, GENE HETLAND BLOCK 7, ONAWAY ADDITION: MOTION by Councilman Breider to approve the Ordinance on £irst reading and waive the reading. Seconded by Councilman Utter. Upon a roll call vote, Breider, Liebl, Utter and Mittelstadt voting aye, Mayor Liebl declared the motion carried unanimously. CONSIDERATION OF APPROVAL OF PINAL PLAT P.S. �72-01� HEATIIER HILLS SECOND ADDITSON, MIKE 0'BANNON: ' Mayor Liebl asked the City Engineer if the City had received the deed requested, and the City Engineer said no, he did not want to give the land free, however, Mr. O'Bannon is present tonight for discussion. He then showed the plat at the Council table. i� Mr. O'Bannon came forward for a discussion and Mayor Liebl asked him i£ this plat is acceptal�le to him and to the church. Mr. O'Bannon said that it was. He then pointed out the land in what would be the Third Addition that he would be willing to sell to the City. There are 15 lots, at $2,000 per lot, it would be $30,OOD and he would agree to spread the cost over three years, at $10,000 per year. This land could then be used for a retention pond or park purposes. Mayor Liebl said that whenever a developer comes in with a residential area, that developer is asked to give some land £or park purposes to take care of that specific neighborhood. If there was no dedication, there would be no land available for parks after the development is complete. Mr. O'Bannon said that he had paid some money for the park land in lieu of a dedication for the first plat and would be willing to do so in the ,econd. He said he would want the City when they purchased the property to use it as a retention basin and not re-sell to another developer. Councilman Utter asked how much Mr. O'Bannon has paid toward park land. The City Attorney said that the general policy is 50 of the land area or the equivalent in money. With a small plat, the general policy is to ge� money rather tnan land Uecause there would not be enough land to do anything with anyhow, The City Enginet�r added that the payment for the park was $15 per lot. Mayor Liebl asked if this low land where the Third Additson would be is un- developable. Mr. O'Bannon said yes, it cannot be developed until the Chies property is developed and it has been sitting for 5- 6 years already. Mayor iI A� f 1 �J U REGULAR COUNCIL MEETING OF MAY 15� 1972 PAGE 5 Liebl said that he would be glad to approve the plat, but he would certainly ' like to cut the price. He asked where the City could get $30,000� Council- man Mittelstadt asked Mr. O'Bannon if he had the land appraised and Mr. 0'Bannon replied no, he cannot develop it now anyhow, until the Chies pro- perty is taken care o£. The storm water £rom his present plats will run into this .future plat. Mayor Liebl asked if he was going to use the £uture plat as a ponding area for his second plat and Mr. O'Bannon said yes, but also the Chies property and the Park Construction property runs into there. Mayor Liebl said that since this is a benefit to him, he could not see why the City should pay Mr. O'Bannon £or the property. Mr. O'Bannon said that Chies and Park Construction will also benefit, but he is �rilling to pay his share. The City Engineer said, as the Council knows, this is part of a large storm sewer district that is sta.11 needed. Mr. Miller was required to pay $800 per lot in e�crow for the storm sewer cahen he platted his land. Any part of the internal system that Mr. Miller added on his own that was part of the total system, he will be given credit £or, and it will be deducted from the $800. The Council indicated at that time that they £elt that the same stipulation should be imposed on all developers coming into this area to take care o£ the future storm sewer system. Then when a buyer buys a home, he would know that the water, sewer, streets, and storm sewer would all be paid for. The problem in this area is that it is a very large and expensive storm sewer district that is still quite undeveloped, and the people are violently opposed to the improvement because o£ the cost. By requiring money in escrow, eveMtually the ma7ority of people will already have the money in escrow and would not be opposed to having it put in. In a district such as this the majority of the ' people would live on the high land and taould have no problem and it would only be perhaps 5°s of the people that would have the problems. Therefore, if there was already money in escrow, the people with the money in escrow would not complain when the system does go in. There are two solutions available; one is to require the $800 per lot when the building permit is issued, the other would be £or the City to acquire enough land so that the total drainage goes into that low ar_ea so that a storm sewer system taould not be needed. He said his recommendation would be for the escrow plan. Mr. O'Bannon said that he would n.ot be draining any water onto anyone elses property but his own. If he never develops the third plat, he will not be contributing any water to the City of Fridley, and he could not see that he should be penalized. The City Attorney said the Council must answer the question if they axe willing to accept a pond as the £inal solution. He added that he did not think that this would be a pesmanent solution. It could be made attractive, but it could also be a pond of stagnant water and there would be other problems with liahility. The City Engineer said that Mr. O'Bannon had commented that rt would be im- possible to develop this low area, but the storm sewer can be engineered to drain this area also, so it is possible. Mr. O'Bannon disagreed and there was some discussion on how a plan could be engineered. ' Councilman Utter said that he £elt i£ this area is going to develop, the pro- blems should be solved right now rather than by-passing it. This might be a hardship on Mr. O'Bannon xight now, but it would prepare for the £uture. The City Engineer said the whole watershed area would drain into Rice Creek. The possibility of a retention basin should be considered a temporary solution as � �� � REGULAR COUNCIL MEETING OF MAY 8, 1972 PAGE 6 � wa.th the Miller property. If money is escrowed, when a person buys a lot he would not be assessed again, but the escrow would be included in the price of his home. Mayur Liebl said that he went up and looked this area over. It would seem to him that to drain the low area the pipe would have to be 40 feet deep. The people in the second plat should be protected so there are no additional assess- ments when the storm sewer system is developed £or -the whole area. He questioned if a retention basin is a sensible answer. The City Attorney said the first question would be if a ma7or system is developed, would these lots drain into it� Then, is it physically possible and economically feasible to drain the area where this water would run into? If the answer is no, then the Council will have to accept a retention basin as an u:.timate answer. Then, when this area is assessed, this basin would have to be considered a sub-area and coul d not be assessed for the storm sewer system. This would then b� the only unassess- able piece of property in the City o£ Fridley. The policy has always been that all property either is, or wa.11 be, assessed. Mayor Liebl asked i£ the City Engineer hacl said that it is possible to eventually have mains and laterals to take care of draining that low area, and the City Engineer replied yes. Mr. O'Bannon disagreed and said he would ob7ect to paying $800 per lot £or something that cannot be drained. The City Engineer said that Mr. O'Bannon has indicated that he has already spent $500 per lot to build laterals in his £irst addition. As he said before, any part of the internal ' system that is built by a developer would be credited against the amount o£ the escrow deposit. Mr. O'Bannon said that he would not mind i£ i-t was shown as a pending assessment, so that when a home is sold and a search is made, the home owner would know that there would be a future assessment for storm sewer. MOTION by Counca.lman Mittelstadt to approve the final plat, P.5 �72-01 by Mike 0'Bannon, Heather Hil1s Second Addition, with the stipulation that the assessments for the laterals and mains be a matter of record and that the future plat be le£t in its natural state for 5 years Mayor Liebl said that this mota.on would then be to show a pending assessment on the second plat. He asked the City Engineer i£ he £elt this was adequate? The City Engineer said the basic question is whether the system is going to be put in or not. If not, the question becomes, can you live with the problems a retention basin will entail� Previously the Council made the decision to work toward a total system slowly, stage the work, but still keep the long range total plan in mind. Councilman Mittelstadt said that this a.s an unusual case and the City Engineer is over-emphasing. If, at the time of closure, the people are told there is a pending assessment, there would be no problem. It was pointed out that i£ there is not money in escrow, the Council will continue to meet with strong opposi'tion to the system from the ma�ority of the people on high ground Councilman Bxea.der said that Mr. O'Bannon's argument that he is draining water from his property to his property is valid now, but w:�en the lots are developed ' in the Second Addition, this will change, and other people will be draining their storm water onto Mr. O'Bannon's property, in which case the City may have to buy the land from Mr. O'Bannon for a retention basin. He said he would favor the $800 escrow plan. _� � �; REGULAR COUNCIL MEETING OF MAY 15, 1972 PAGE 7 Mayor Liebl called for a second to the motion, received none, and declared � the MOTION DIED FOR LACK OF A SECOND. MOTION by Counc.tlman Breider to approve the .final plat P.S. #72-01, Aeather Hills Second Addition, consisting of 13 lots, by NLtke O'Bannon, with the stipulation that there be $800 per lot put in escrow for the storm sewer at the time of closing. Seconded by Councilman Utter. Upon a voice vote, Breider, Liebl and Utter voting aye, Mittelstadt voting nay, Mayor Liebl declared the motion carried. Mr. O'Bannon inPormed the Council that the plat will remain in the condition it is in now, and that he will not spend $800 per lot to drain water onto land he owns. He said in his first plat he put in all underground utilities, concrete streets and other extras because he wanted a good development, and this is the thanks he gets. RESOLUTION #60-1972 - A RESOLUTION CONFIRMING ASSESSMENT FOR STREET IMPROVENIENT PROJECT ST. 1971-1. Mayor Liebl asked the City Assessor to read of.f the streets involved in this assessment which he did. Mayor Liebl said as he recalled, there were no major ob7ections, and the roll could be adopted as presented. MOTION by Councilman Ma.ttelstadt to adopt Resolution #60-1972. Seconded by ' Councilman Breider. Upon a voice vote, all ayes, Mayar Liebl declared the motion carried unanimously. RESOLUTION #61-1972 - A RESOLUTION CONFIRMING ASSESSMENT FOR 5TREET IMPROVE- NiENT PROJECT ST. 1971-2: The City Assessor in£ormed the audience o£ the streets involved and the Council noted that there was a letter o£ ob�ection submitted at the Puhlic Hearing Meeting from Mr. Donald Savelkoul on the West Moore Lake Drive assessment. Mayor Liebl asked if the assessment was levied in compliance with the policy on State Aid streets and the City Assessor said yes, they were assessed a normal residential street rate, and added that there were some sewer and water services put in. MOTION by Councilman Mittelstadt to adopt Resolution #61-1972. Seconded by Councilman Utter. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. CONSIDERATION OF RESOLUTION CONFIRMING ASSESSMENT FOR STREET IMPROVEMENT PRO- SECT ST. 1971-4: The City Assessor read of£ the streets involved in this assessment. Mayor Liebl said that the Council has before them two proposed assessment rolls for Star Lane. The assessment rate discussed at the public hearing meeting was $9.90 per Poot and the alternate roll would levy an assessment o£ $5.91 per £oot. ' The Council had a lengthy discussion on this pro7ect in an executive session and after discussing this with the Administration, the �eeling o.f the Council is that in order to be proper and legal there has to be a policy worked out that would be applicable in such difPicult situations as Star Lane and 57th Avenue. The City made this improvement to alleviate very dif£icult and � , ., REGULAR COUNCIL MEETiNG OF MAY 15� 1972 PAGE 8 , hazardous intersections. The people did not want this improvement and Mr. Simmons ob�ected on the grounds that it was not to their benefit. He said he felt it would be proper for this Council to have some pola.cy set £or future streets with this type of background when it is of bene£it to not only the abutting property owners, but to the whole city in solving intersection problems. Mayor Liebl continued that he did not want to approve a roll until this is worked out by the City Engine�r, the Crty Manager and the City Attorney, and added that the City must be very careful how the State Aid £unds are used. Councilman Breider said he would concur and that the policy must be fair to those that have paid an assessment in �the past and those that will be assessed a.n the future. He agreed Star Lane and 57th Avenue should be looked into further. MOTION by Councilman Breider to table the resolution confirming the assessment roll £or Street Improvement Pro7ect St. 1971-4 to the .7une Sth Meeting, and instruct the Administration to review the present policy and initiate a n�w policy structure for the Council to consider. Seconded by Councilman Mittel- stadt. U�on a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. DISCUSSION REGARDING ISSUANCE OF BUILDING PERMIT FOR 16 SINGLE FAMILY ➢WELLINGS IN MEADOWMOOR TERRACE UNDER FEDERZ�L PROGR7IM 235, REQUESTED BY VERN DONNAY Mayor Liebl said that the Federal Program 235 created such a rhubarb in Blaine � because o£ the quality o£ construction and he would certainly hope this would not happen in Fridley• He said he would la.ke to know where they would be located, whether they meet the Building Code and the pra.ce range of the homes. The City Engineer said that on Ihge #13A o£ the Counc�.l Agenda is a map showing the loaation of the single family homes Vern Donnay is proposing. They are located in Meadowmoor Terrace and Mr. Donnay has acquired 18 lots and is pro- posing to develop 16 0£ them. The houses will be split entries and ramblers with a single garage and ln the $25,000 range. This would include the cost of the home and the land. The plans meet all the minimum requa.rements of the Fridley Building Code. On Page #13B are additional conditions the City would like Mr. Donnay to meet and the company has agreed to most of them. They are going to be sodding the £ront and side yard but not the back yard, Mayox Liebl commented to the audience that the reason the City Engineer sent notices out on this proposal was so that the residents that live a.n the area will be fully aware of what they would have to live with. Mr. Robert Gottsacker, Representative of Vern Donnay Realty Inc., said he was a civil engineer and had met 2- 3 times with the City Engineer and the Building Inspector and their plans have been modi£ied to meet the Crty Building Code There are some additional conditions they £eel are impossible to meet and he has stated why to them. Magor Liebl asked if they would comply with the UBC as modifa.ed by the City of Fridley and Mr. Gottsacker replied yes. Mayor Liebl asked what was the cost of a home and Mr. Gottsacker replied $24,200, the price � is set by the Federal Government. He said there would be curbs, gutters, water and sewer services, bituminous driveways and single car garages. Councilman Mittelstadt saa.d that he thought the Code required a double car garage. It was explained that the side yard setback for a living area is 10', � � �t REGULAR WUNCIL MEETING OF MAY 15,1972 PAGE 9 and for the garage side 5'. In this case, since it is a single gaxage, the ' setback is 15' to allow £or expansion. Mayor Liebl asked the square footage of a house. The City Engineer replied £or one o£ the types of houses it is 1022 square £eet and 1020 is Fridley's minimum, so it barely meets the Code. Mayor Liebl asked the price range of the homes in this neighborhood and the City Assessor replied in the $25,000 to $30,000 range. Mr. Bernard Heille, 1418 Meadowmoor Drive N.E., said he was present to speak against this pro7ect. I3e said he was familiar with "building standards" and the di£ficulty in getting satisfaction. A person has to have at least three children to get into government housing and there are no parks in the area now. He said he would want his property re-evaluated if he abuts a low income house. He said they now have holes and sand, but he thought this project would be worse than what they have now. The City Attorney advised the Council that i£ Vern Donnay owns the property, it is properly zoned, and the plans meet the building code, the Council has no alternative but to grant the permit. Mr. Sim McLaughlin, 7689 Bacon Drive N.E., said they are being allowed to build with single car garages and asked if others would be allowed to do this. Mayor Liebl replied yes. Mr. McLaughlin said there was an article in the Minneapolis Tribune in which Vern ➢onnay had stated he was getting out o£ the 235's because • of getting a bad reputation. He asked why he has suddenly reversed himself. Mr. Gottsacker replied that the lots were purchased and the sales made last � year, so they are committed to build the homes £or these people. Mayor Liebl asked who sold these lots and Mr. Gottsacker replied they were purchased for back t�es. Mr. Ralph Schermann, 1351 76th Avenue N.E., asked if they met all the minimum requirements in Blaine? I£ they did, he said that he would want no part of this pro7ect. The houses were incomplete and inadequate. He said on the news it showed some houses and it said that six were vacant within 6 months. The people could not make the payments and Mr. Donnay was making no effort to correct the complaints. He also heard the basements sank. Mr. Gottsacker said this was wrong. NLr Schermann said that they had stated they are not going to sod the back yard, but when he moved in, he was asked within a week if he was going to sod, and he sodded right away. He said they live in "Wind City" and if they do not sod the back yards there will be sand 15" deep on his sod. Vern Donnay builds cheap, low-grade houses to pick up some quick money and sticks the people that don't know any better. He added also that the area does not have parks or playgrounds. Mr. Duane Lee, 1402 Meadowmoor Drive N.E., said he ]ust sold his home £or $24,900 and if he would have stayed there, it would probably be more like $17,900. Mr. D. Hanson, 7688 Arthur Street, pointed out that the Donnay repre- sentative has already admitted they are getting out of the 235 business because of their mistakes. Mr. R.W. Kimbler, 7638 Arthur Street N.E., said he was here tonight because of what ' he was told by Mr. Chies; that there was nothing going in but high value homes. He said his taxes 7ust went up and he has a neighbor with a home for $24,500 without a garage and it is kept in good shape. He asked what this is going to do to the valuation o£ their homes, and what about those that are selling for , � ' REGULAR COUNCIL MEETING OF MAY 15, 1972 ��� PAGE 10 $3D,000? Do we want Fridley to be a City to be proud of? Lets bring the value up, not down: (Applause) Mayor Liebl asked how many o£ the audience were present £or this item and approximately 30 - 35 hands were ralsed. Mayor Liebl asked what were the laws governing the 235 program, and what if Fridley were to say that we do not want this type of housing? The City Manager said as the City Attorney already pointed out, it is a very diPficult situation for the Crty Council *_o deny a bua.lder the right to build on his own property when he meets the Code. The 235 program has been around £or a long time, but there has been much adverse publicity on it in the Twin City area recently. He said he read a newspaper article in which Golden Valley's park grant was being held up by the Metropolitan Council because they were not providing their share of middle or lower income housing. The Metropolitan Council must appxove all grant requests, and this is one of the things they take into consideration. He added that $25,000 is closer to middle income, rather than low income. Because of the bad publicity, Fridley will be extra cautious in making sure Vern Donnay meets the Codes and to insure that inspections are made by the Building Inspector to make sure they are doing what they have stated they will do. Mrs. Barb Hughes said about a year ago she had asked the Council not to pass the ordinance that would require a two car garage because that would eliminate low and middle income people from living in Fridley. She said she would en- dorse the comments of the City Manager, and this would have to be considered middle income housing, this is what she was when she moved to Fridley 15 years ago, what school teachers are and many others are, or have been. There is crxteria to maintain to remain eligible for Federal grants. 5he said Vern Donnay is capable of building good housing and if there are good inspections made, Fridley will see homes that do not fall apart. She said she would like to see a variety of people living in the City o£ Fndley. (Applause) A resident of the area said that he was not rich, and is not saying keep the poor people out, and that he would not mind having them for neighbors, but if Vern Donnay promised to bulld with minimum standards, Fridley will end up wLth a mess such as Blaine has. He said he had looked at a home built by Donnay and it is a Pine house, he is a capable builder, but if minimum standards are used, and a cheap rate lumber, you will end up with a cheap rate house. I£ you use better than noxmal quality, you will have a better than normal home when you are done. Mr. Gottsacker said that the City o£ Fridley uses the Uni£orm Building Code with their own modi£ications to make it more strict. After July lst the Fra.dley Code will no longer apply and they need only go by the le5s stringent State Code. They have agreed to build under Fridley's Code even though they could have waited until after Su1y lst and have used the less strict Code_ Mayor Liebl said that when he ran for election, he said he was opposed to low in- come housing and he sti11 was. He said he did not want the aommunity downgraded. The quality o£ the Donnay work needs to improve. He said he looked at the Blaine housing and he did not want that in Fridley_ Mrs. Hughes said she would like to comment on what "minimun" means. Is it synonymous with poor? It seems to be a matter of square footage and other such criteria, but she would like to point out that there are many homes in this City that do not meet the 1020 square £oot requirement. Mr. i-Ieille said that he was �t��� REGULAR COUNCIL MEETING OF MAY 15, 1972 PAGE 11 aware of this pro7ect a year ago. He said he was an electrician and as far , as his business is concerned, "minimum" means "poor". He said he has done some work on HUD projects and there would be one plug-in in the kitchen, and the receptacles are spaced far apart in the rest o£ the house. A resident said that he has talked to many o£ his neighbors and they think that if this goes through there will be many houses for sale. They are going to try to get out before it hats. He said he and his neaghbors feel thas wiZl bring the valuation of their homes down. Mayor Liebl asked if there will be full basements and the City Engineex replied yes. Mayor Liebl said there were some problems with some specific construction in the past and this is why the Building Inspector was asked to make some recommendations for the company to meet be£ore the permit was issued. Ae asked if Donnay would meet these conditions which would result in better construction. Mr. Gottsacker said that the Building Inspector is very conscientious and thorough and as a builder, they could not afford to build a frame wrong, then have the Building Inspector make them tear it down and start over again sa they would be building a home two or three times. Mayor Liebl agreed the Building Inspector is a very hard working man and he will be checking very closely on this pro�ect. He told tha people in the audience that it is Federal legislation that has put the local government in this position, and if they £eel their security and life style threatened, they should write , their congressman and explain their concerns about the 235 program. He pointed out that George Romney, Secretary of U.S. Dept. of Housing and Urban Development, has £ound the complaints in Blaine to be valid complaints. He said you and I pay into the Federal coffers, and the people of Fridley should indicate to Congress what is expected of them. You must put in a good days work for a good days pay and if the builder and the Inspection Department work together, Fridley will have a good pro�ect. He told the people to write to their congress- man, this Council could not help them, and Fridley must give them their building permit. It is the Legislators that wrote the law £or this program. A resident asked if the permit is taken out be£ore July lst, could they wait until after to start construction, then go by the UBC? The City Attorney said that his interpretation is that i£ a permit is taken out be£ore July lst, then they would be required to meet Fridley's Code. The Engineering Department has requested, and the builder agreed, to do more than the Code requires. Councilman Mittelstadt said that the 235 program would bring in lower quality construction and to build would mean full time resident inspectors. He pointed out the Better Business Bureau report brings out complaints that went unanswered and that Vern Donnay is involved in a lawsuit in Brooklyn Park. He said he was concerned about the reputation of this builder, and unless there are daily inspections, he could not allow this building perm�.t, and not unless they aqree to put in sod in the back yards. Councilman Breider pointed out that i£ Vern Donnay was asking for a building permit and was going to build these same houses under conventional financing rather than 235, the Council could not stop ' him. He said he had looked at the pro7ect in Blaine and he saw no grass, drive- ways, or garages. Fridley does not have a choice in this matter, except to insist that they be as good quality as possible. The question o£ Vern Donnay's reputation as a builder has to be looked at as a separate issue. REGULAR COUNCIL MEETING GF MAY 15, 1972 ��� PAGE 12 , .ir. Ole B�erkesett, 100 N.E. 63� Way, asked i£ it would be legal to require a per£ormance bond £or this construction. The City Attorney saa.d that the items listed on Page #13B, and their meeting with the Fridley Building Code, should be reduced to an agreement between the builder and the City. As a condition to the building pesmit, it could be stated that no house may be occupied until there is a final inspection and the Certificate of Occupancy issued. The Sewer & Water Department could be instructed not to install any meters until the Certificate has been issued. The requirement for a preformance bond could be included, it has been requised £ox other pro�ects. Then if there are items that are not done to the sata.s£action of the Building Inspector, there would be money on deposit with the City to make certain the deficiencxes are corrected. He added that the Building Inspector has the right to issue a stop work order. � 1 MOTION by Conncilman Utter that the matter of issuing the permits be laid over to June 5, 1972 and instruct the City Engineer, Building Inspector and the City Attorney to prepare the necessary documents to protect the City, including the rtems on Paqe #13B and meeting the Fndley Building Code beinq a prerequisrte to issuing the permit. Seconded by Councilman Breider. Upon a voice vote, all ayes, Mayor La.ebl declared the motion carried unanimously. RECESS: Mayor Liebl declared a recess at 10:07 P.M. The Meeting was reconvened at 10:22 P.M. DISCUSSION REGARDING PROPOSED ENVIRONMENTAL QUALITY COMMISSION Councilman Mittelstadt called upon Mr. LaTinston Jacobson, the Chaa.xman of the citizen committee that initiated this proposed ordinance. Mr. Jacobson said that he had talked to the committee about making the co�nission a subcommittee o£ the Planning Commission versus a separate commission. The concensus o£ opinion is that they would rather that the commission be an individual body, that would work with the Planning Commission, Uut not necessarily under them or through them. As to the question of whether the commission should be cxeated by ordinance or resolution, they £eel that it should be by ordinance Part of the reason is that creata.on by resolution implies something temporary and an ordinance is more permanent. As a rule a resolution is a short term thing, but an ordinance is considered long term. When speaking of a resolution, consider that there is an election this £all and there could be three new faces on the Council and how they felt about the resolution could be different than what the present Council £eels, There could be a resolution now, but it could be very easily throt�m out in January. The Environmental Quality Commission will deal with some things that are controversial and they may step on some toes. An ordinance would give them more freedom to act. Mayor Liebl said that an Ordinance could be amended or abolished too, zf new memUers da.d not like it. He said the City did not receive much input. The Adminis- tration was �.nstructed to send it to all the organizations and the only answer received was from the League of Women Voters. Mr. Jacobson said he had been in contact with the organizations to see if they had any comments to o£fer. The Chamber o.f Commerce has set up a committee to study the proposed ordinance, but he has received no report back from them yet. .�, ��,_•, REGULAR COUNCIL MEETING OF MAY 15, 1972 PAGE 13 Mrs. Barb Hughes said the Council has the comments from the LWV for strengthening the commission. She said the L[AV supports Mr. Jacobson's arguments for cre- ation by ordinance because an ordinance requires public hearings and a resolution does not. A commitment on the part o£ the City can make this work, they would need funding to make an effective commission. She would not want to see a committee or commission that does not have the support and £unding necessary. She said the LWV urges an ordinance for the commission and a strong commitment Por funding. Councilman Mrttelstadt said that when he introduced this proposed ordinance he stated a commission rather than a committee because in the City of Fridley a commission does have funding. Ae said he thought it was time to start developing the ordinance using the input from the League of Women Voters, Mr. Jacobson's committee, the Planning Commission and the Chamber o£ Commerce. MOTION by Councilman Mittelstadt to instruct the Administration to proceed with dra£ting an ordinance £or an Environmental Quality Control Commission. Seconded by Councilman Breider. Upon a voice vote, all ayes, Mayor LieUl declared the motion carried unanimously. RECEIVING BIDS AND AWZIRDING CONTRACT - MOWING SERVICE: Tractor w/ side arm mower per hour Tractor w/ pull mower or flail type or rotary type or equiv. per hour Tractor Operator per hour Ra.ding mower w/ min. 20" cut per hour Truck - 1 ton or larger per hour Hand mower - per hour Riding mower - pur hour Spraying equiy. labor - per hour Clean up man - per hour B. Germundsen 6901 Magda Dr Mpls., Minn. $6.00 6.00 4.50 4.00 10.50 4.50 4.00 N.B. 4.SG V.R. Vasecka Quality Turf 438 Independent St. Champlin, Ma.nn. $12.50/hr. operator included 12.50/hr. operator included 6.00 9.75/hr. operator included 6.00 6.00 9.75/hr. operator included 24.D0 6.00 The City Manager reported that Fridley was notified last month that the present Weed Abatement Contractor did not wish to continue, so specifications were developed, advertisement for bids were published, and two bids were received May 5, 1972. The low bidder is Brian Gerundsen. There are a number of different items compared with the previous contractor in the Agenda. The ma�ority o£ the work is with a tractor and operator and this cost went £rom $1D per hour to $10.50 per hour or a 5% increase. He said the Crty Administration has tried to alleviate the ma�or complaint £rom last year's taeed abatement procedure which was that people did not have any estimate of the cost of the work before it was done, to give them an opportunity to hire their own contractor if they so desired. This year they will be sending out estunates of the work prior to 1 � 1 4�'� � REGULAR COUNCIL MEETTNG OF MAY 15, 1972 PAGE 14 � it being done so the people can compare the costs. There is also a provision £or holding back 10% paymen't so there wa.11 be a£und set aside in case there are any damages incurred by the contractox. Ae said he had checked out Mr. Germundsen and Brooklyn Center was pleased with the quality of his service. He said his recommendation is to award the contract to Nlr. Germundsen £ar 1972 with the option to carry the contract lnto .future years iF both parties agree. MOTION by Councilman Breider to award the contract for Weed Abatement to Mr. Brian Germundsen for the year 1972, with the option to continue the contract on into £uture years i£ both parties agree. Seconded by Councilman Mittelstadt. Upon a voice vote, all ayes, Mayor Liebl declared the motion carried unanimously. RECETVING THE MINUTES OF THE PLANNING COMMTSSION MEETING OF MAY 3, 1972 1. PROPOSED ZAPATA RESTAURANT AT 59D5 UNTVERSITY AVENUE N.E.: Lot 9, Hlock 3, Bennett-Palmer Addition, Lot 16 & 17, B1ock 13, Hyde Park Addition, plus vacated 55th Avenue. The City Engineer said tha.s restaurant would be north of Nlr. Steak and this request was sent to the Planning Commission because they did not meet the area require- ments at present, but they would. meet the requirements as proposed, which would be to change the 25,00 square feet area requa.rement to 20,OOQ square feet, and the £ront foot requirement uf 200 feet to 16D £eet. Since the ordinance is still in the planning stage, the applicant will need a waiver o£ the Code requirements. � He said they will be covering 950 of their area with blacktoy, conerete and building, and there will be very little green area. MOSION by Councilman Mittelstadt to approve the construction o£ a Zapata Restaurant sub�ect to the stipulations imposed by the Building Standards - Design Control and grant a waiver of the present Code requirements of 25,000 square £eet area, to 20,000 square feet, and front £ootage requirement o£ 200 £eet to 160 feet. This waiver is based on the premise the Planning Commission will be forwarding on a recommendation that the Council adopt the amendment based on the above £igures. Seconded by Councilman Breider. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. 2. REZONING REQUEST. ZOA #72-03, THE WALL CORP., BY DENNIS MADDEN (RSEDEL ESTATE). To rezone from R-1 to R-3 £or townhouses and apartments. MOTION by Councilman Mittelstadt to table this item until the Planning Commissa.on is ready to forward their recommendation on to the Counca.l. Seconded by Coancil- man Utter. Upon a voice vote, all ayes, Mayor Liebl declared the motion carried unanimously. 3. REZONING REQUEST, ZOA #72-04, LEIGH INVESTMENT,INC_, BY JOHN R. DOYLE, PRESIDENT: Lots 12 through 17, West 5 feet o£ Lot 18, Block 16, Fridley Park. Rezone from R-1 to CR-1 (general office and limited business) £or real estate office. � The City Engineer reported that the Planning Commission recommended denial o£ the rezoning request and unless the petitioner requests a public hearing be£ore the Council, the action would be to concux. Mr. John Doyle said he would like to request a public hearing be£ore the Counml_ 1��C► REGULAR COUNCIL MEETING OF MAY 1S� 1972 PAGE 15 MOTION by Councilman Breider to set June 12, 1972 as the public hearing date , for the rezoning request by John Doyle. Seconded by Councilman Mittelstadt. Upon a voice vote, all ayes, Mayor Liebl declared the motion carried unanimously. Mayor Liebl said there were rumors brought to his attention; one o£ which was that there would be a factory go�ng in that would be belching black smoke. Another was that Mr. Doyle would be down-grading the house and another was that if he did not get his rezoning, he would bring in 235 homes. When Mr_ Doyle came be£ore the Council with his proposal, he was told to follow the proper procedure, and he, personally, felt that thzs plan would be an improvement. Mr. Doyle said he was very surprised to learn at the Planning Commission Meeting that there was a petition going around with 216 signatures against this rezoning. In order to get 216 signatures would encompass quite a bit of area. St was a stated fact that at least a part of the signers were renters, not land owners. In Addition, after the petition was submitted, at least one individual had Heen informed it was to be rezoned industrial and he was asked "How would he like to have a factory belching black smoke?" He said he had talked to a fair number of people wa.thin the 300 feet radius o£ the property and a great many indicated they did not ob7ect, so rt seems many changed their minds later. IP he had talked to many of these people, obviously the 216 signatures goes far beyond this area. He said some of the circulators did not know what his presentation was, so how could they go around and tell people what he was going to do? He said he was not looking specifically Por a rezoning, he would be �ust as happy with a special use permit that would allow him to £ix the house up and use it for his real estate office. He said he certainly did not intend to build any ' apartments, houses, or "£actories belching smoke". From the street this o£fice would look quite like a private residence. He said if he is unable to use the property as he proposes, possibly an alternate would be to build houses, but he did not feel this area would justify a$35,000 -$40,000 house, so it would have to be a low priced house. Another alternate would be doul�le or multiple family units. He said his impression was that the Planning Commission has another design in mind for this area, but he thought that his use would have less impact on those plans than anything else that could go in. MOTION by Councilman Mittelstadt to receive the Minutes o£ the Planning Commission Meeting of May 3, 1972. Seconded by Councilman Breider. Upon a voice vote, all ayes, Mayor Liebl declared the motion carried unanimously. RECEIVING THE MINUTES OF THE BUTLDING STANDARDS - DESIGN CONTROL MEETING OF MAY 4, 1972: 1. CONSIDERATION OF A BEQUEST TO CONSTRUCT A TRIPLEX LOCATED ON OUTLOT 1� RICE CREEK PLAZA SOUTH ADDITION, AND LOT 32, BLOCK 4� LOWELL ADDITION, THE SAME BEING 6591 MAIN STREET N.E., FRIDLEY, MINNESOTA. [REQUEST BY ALVIN A. NITSCHKE, 6441 UNIVERSITY AVENUE N.E., FRIDLEY, MINNESOTAI: The City Engineer reported the Building Standards recommended approval with stipulations. Mr. Nitschke has submitted new plans incorporating their conditions. MOTION by Councilman Breider to approve the request to construct a triplex by � Mr. Alvin Nitschke with the revised plans submitted this date to be used. Sewnded by Councilman Mittelstadt. Upon a voice vote, all ayes, Mayor Liebl declared the motion carried unanimously. ° r ; ii �: REGULAR COUNCIL MEETING OF MAY 15, 1972 pAGE 16 ' 2. CONSIDERATION OF A REQUEST TO CONSSRUCT A SERVICE CENTER LOCATED ON THAT PART OF THE NORTHEAST '� OF SECTION 11� T-30, R-24, DESCRIBE➢ AS FOLLOW5: BEGINNING AT A POINT IN THE NORTH LINE OF SAID NORSHEAST % OF THE NORTHWEST % DISTANT 636.8 FEET WEST OF THE NORTHEAST CORNER OF SAID NORTAEAST a OE THE NORTHWEST a; THENCE WE5T ALONG SAID NORTH LINE A DISTANCE OF 400 FEET; THENCE SOUTHEASTERLY DEFLECTING TO THE LEFT 110 52'02" TO THE CENTERLINE OF OSBORNE ROAD; THENCE NORTHEASTERLY ALONG SAID CENTER OF OSSORNE ROA➢ TO ITS ISdTERSECTION WITH A LINE DRASdN SOUTH FROM THE POINT OF BEGINNING AND AT RIGHT ANGLES TO SATD NORTH DESCRIBED LINE TO THE POINT OF BEGINNING. THE SAME BEING 315 OSBORNE ROAD N.E., FRIDLEY, MINNESOTA. (REQUEST EY KORSUNSKY- KRANK, INC.� 1525 GLENWOOD AVENUE� MINNEAPOLIS, MINNESOTA 55405): The City Engineer reported that the Building Standards recommended approval of the plans with stipulations. The square footage of the building is in excess o£ the Code requirement and there is not enough parking, so they have applied for a variance. When the rezoning was approved the plans showed a building with 4070 square feet, now they are proposing a bua.lding with 6650 square feet which is almost a 50� inerease. He suggested, if the Council wishes, they could approve the buildinq using 6000 square feet which would meet the Code, then if their variance is approved, they could increase the size to 6650. The 650 £eet di£ference would be £or a variance to the parking requirement. Councilman Sreider asked if the shopping center would be a solid k�uilding and the City Enqineer said yes, it would be a row of shops witlun or.e building. He � then showed a rendering o£ the proposed building at the Council table. Mr. Ern�t explained that he had already talked to the Board of Appeals and the item has been placed on the T?genda. Councilman Mittelstadt said that if they still have to appear be£ore the Board o£ Appeals, perhaps the Council should wait for their recommendation. Mr• Ernst explained that they are pressed £or time. There is some special soil pzeparation necessary and they are proposing to prepare £or a 6650 square foot building, in the hope they are successful, and the outside walls could be reduced easily if not. Councilman Ma.ttelstadt asked i£ this would require a public hearing before the Board of Appeals and the City Engineer said yes, the notices will be sent. Councilman Mrttelstadt said if the Council approved the request it would put the Board of ��ppeals in the position they would £eel that they had to concur with the Council action. He did not feel they should be put in this posrtion. Mayor Lieb1 said that this pro}ect has been discussed very thoroughly and there were many stipulations to the rezoning. There a.s a great deal o£ dirt that has to be hauled and that takes time. I£ this was laid over, the Council could not act on his request until June Sth, and although he agreed the proper process should be gone through, sometimes there ase extenuating circumstances. MOTION by Councilman Breider to approve the request to construct a service center requested by Korsunsky-Krank, Ine. sub7ect to the Euilding Standards stipvlations and approve the building permit with 6000 square feet, unless the variance to allow 6650 square feet zs approved by �he Board o£ Appeals, in which case they could use the larger building. Seconded by Councilman Utter. , Upon a voice vote, all ayes, Mayor Liebl declared the motion carried unanimously. The Crty Engineer reported that Item #3 (Viewcon quadraminiums) will be going before the Planning Commisslon and will be forwarded to the Council after their review. l� � /ti REGULAR COUNCIL NIEETING OF MAY 15, 1972 PAGE 17 MOTION by Councilman Mittelstadt to receive the Minutes of the Building Standards , Design Control Meeting of May 4, 1972. Seconded by Councilman Breider. Upon a voice vote, all ayes, Mayor Liebl declared the motion carried unanimously. RECEIVING THE MINUTES OF THE BOARD OF APPEAI,S NIEETING OF MAY 9, 1972: The City Engineer reported that Item #1, a variance requested by Dr. Kay Ingebrigtsen, was tabled by the Board, so there is no Council actzon. A REQUEST FOR VARiANCES OF: SECTION 45.053, 4A, TO REDUCE ZHE FRONT YARD SETBACK FRGM 35 FEET TO 25 FEET AND SECTTON 45.053, 4C, TO REDUCE THE REAR YARD DEPTH FROM 25 FEET TO 12 FEET, TO ALLOW THE CONSTRUCTION OF A DWELLING AND GARAGE ON LOT 6, BLOCK 3, EDGEWATER GARDENS .ADDITION, THE SAPdE BEING 58 RICE CREEK WAY N.E., FRZDLEY, MINNESOTA. (REQUEST BY MR. ROBERS DEGARDNER. 7950 EAST RIVER ROAD N.E.. FRIDLEY. MINNESOTA): Mayor Lzebl said that he had received a call from Mr. Hamer who had some ob7ection, and asked to see a survey. The City Engineer brought a survey to the Council table and there was some discussion with NLr. DeGardner at the table. Mayor Liebl asked if this plan created a traffic problem in any way since it is a corner lot and Mr. DeGardner replied no, there is no hazard. Councilman Mittelstadt commented that there was some discussion about the drainage but he thought this was a problem that should be worked out between him and the neighbor. MOTION by Councilman Mittelstadt to approve the variances as requested by Mr. , Robert DeGardner. Seconded by Councilman Utter. IIpon a voice vote, all ayes, Mayor Liebl declared the motion carried unanunously. A REQUEST FOR A UARIANCE OF SECTION 45.053, 4B, 4, TO REDUC$ THE REQUIRED Sy� YARD ADJOINING AN ATTACHED GARAGE FROM 5 FEET TO 2 FEET TO ALLOW AN ATTACHED DOUBLE GARAGE TO BE BUILT TO REPLACE THE EXISTING DETACHED SINGLE GARAGE THAT IS 2 FEET FROM TI3E LINE, LOCATED ON LOT 9, BLOCK 1, DONNAY'S rAxFVIEW MANOR ADDITION, THE SAME BEING SS21 WEST MOORE LAKE DRIVE� PRIDLEY, MINNESOTA. (REQUEST BY MR. ARNIE MORRISON� 5521 WEST MOORE T.AKF DRTVE� FRIDLEY, MINNESOTA): MOTION by Councilman Mrttelstadt to concur in approval of the request for a variance for Mr. Arnie Morrison. Seconded by Councilman Utter. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. MOTION by Councilman Breider to receive the Mynutes of the Board of Appeals Meeting of May 9, 1972. Seconded by Councilman Utter. Upon a voice vote, all ayes, Mayor Liebl declared the motion carried unanimously. CONSIDERATION OF APPROVAL TO CONSTRUCT PHASE 2& PHASE 3 OF AN INDUSTRIAL WARE- AOUSE AND OFFICE BUILDING TO BE LOCATED AT 7850 AND 7880 BEECH STREET� REQUESTED BY ALLAN ZEIS: The Gity �ngineer explained that this is part o£ a plan which was reviewed by the Council on December 20, 1971. Phase 1 was approved and Mr. 2eis was under � the .unpression that he had received approval for Phase 2& 3 also. His plans for Phase 2& 3 are basically a repeat of Phase 1 and he is asking that the Council approve his request subject to any stipulations the Building Standards may wish to impose at thier meeting May 18th. This would save him about 3 weeks as the next Council meeting is not until June 5th. REGULAR COUNCIL MEETING OF MAY 15� 1972 PAGE 18 1 MOTION by Councilman Mittelstadt to approve the plans for Phase 2 and Phase 3 of an industrial warehouse and office building requested by Mr. Allan Zeis, subjeat to the stipulations the Building Standards - Design Control may impose at their Meeting May 18, 1972. Seconded by Councilman Utter. Upon a voice vote, all ayes, Mayor Liebl declared the motion carried unanimously. RECEIVING BSDS AND AWARDING CONTRACT FOR WATER IMPROVEM�NT PROJECT #108: (Bids Opened May 15, 1972, 11 30 A.M.) Planholder Bergerson-Caswell, Inc. 13120 wayzata Blvd. Minnetonka, Minn. 55343 McCarthy Well Co. 2700 East 80th St. Minneapolis, Minn. 55420 Keys Well Drilling 413 N. Lexington Pkwy St. Paul, Minn. Layne Minnesota Co. 3147 Cali£ornia St. N.E. � Minneapolis, Minn. 55418 Hydro Engineering Box 98 Young America, Minn. 55397 Bid Deposit Lump Sum Bid St. Paul F & M 5% Agricul- tural Ins. 5% Agricul- tural ins. 50 United Pacific Ins. 5% Agricul- tural Ins. 5% $24,475.00 $33,414.00 $26,692.00 $23,761.OD $29,341.28 Remarks 75 Calendar Days .�. a� �_�� Tri State Drilling & Equip. Co.Seaboard $38,822.00 Subject to equipment P.O. Box 548 Surety Co. delivery Wayzata, Minn. 55391 5°s The City Engineer reported that the low bidder was Layne Minneso�.a Company and their bid was within the engineering estimate. MOTION by Councilman Mittelstadt to award the Uid for Water Improvement Pro�ect #108 to Layne Minnesota Company in the amount o£ $23,761.00. Seconded bp Council- man Breider. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. SETTING THE PUBLIC HEARING FOR P.S. #69-12 FOR JUNE 12, 1972: OF THE SHOREWOOD PLAZA FINAL PLAT MOTION by Councilman Breider to set the public hearing date of ,7une 12, 1972 for the £inal plat of Shorewood Plaza. Seconded by Councilman Utter. Upon a voice vote, all ayes, Mayor Liebl declared the motion carried unanimously. ' CONSIDERATION OF RENEWAL OF LICENSE FOR VERN DONNAY: The City Manager reported there are complaints listed on Page r�14A of the Council Agenda. Some appear to be disagreements between the home owner and the buildex ��4-� REGULAR COUNCIL MEETING OF MAY 15, 1972 PAGE 19 and the City must be careful not to get into a referee's roll. Ais suggestion ' would be to give them a license for 60 - 90 days with the understanding that they are to try to work out the disagreements with the home owners and then appear back before the Council at the end o£ that period. Mr. Gottsacker aslTed iP the City Manager was re£erring to the homes on 57th Avenue. He said he thought they were taken care o£. The City Engineer ex- plained that a letter was written to the three home owners asking them to call in when the problems were taken care of so that a final inspection could be made. Two have not replied and Mrs. Haugen's (555 57th Avenue N.E.) complaints are in the Agenda. Mayor Liebl asked the City Engineer what was his recommendation. The City Engineer said he agreed with the City Manager; grant them a permit £or 90 days to allow them time to work out a reasonable agreement with the property owners, then they could report back to the Council. Mayor Liebl commented that this was their opportunity to get their good reputation back. Mr. Gottsacker replied that only the bad things you hear about a company, never the good tha.ngs. MOTION by Councilman Mittelstadt to grant Vern Donnay Realty Inc. a general contractor's license £or 90 days, reque�t that they work with the property oetners on 57th Avenue that have the complaints, and report back to the Council at the end of the 90 days. Seconded by Councilman Breider. The City Attorney said that 545 and 555 57th Avenue have not been finalled out yet. The City Engineer explained that this means that they have not had a£inal inspection. For this they need the right of entry and they did ask for this � right. He said he would assume the problems are not as serious as they appeared since they did not answer the letter or come to the Meeting tonight. THE VOTE UPON THE MOTION, being a voice vote, all ayes, Mayor Liebl declared the motion carried unanimously. CONSIDERATION OF REQUEST TO CONSTRUCT TWO MODULES "D AND E" TO EXISTING BUILDING. REQIIEST BY MEDTRONIC,INC.• - The Crty Engineer reported this item was before the Council last year, then Medtronic withdrew their request. Now they are re-activating their request and want to proceed with construction. They have three modules now and are proposing to add two more. MOTION by Councilman Mittelstadt to approve the construction o£ Modules D& E requested by Medtronic, Inc., sub�ect to the Building Standards - Design Control stipulations. Seconded by Councilman Breider. Upon a voice vote, all ayes, Mayor Liebl declared the motion carried unanimously. RESOLUTION #62-1972 - A RESOLUTION TO ADVERTISE FOR BIDS - AUTOMOTIVE TRUCKS: Councilman Utter asked if the speci£ications for the trucks have been written and the City Manager said yes, and they have been reviewed by the foremen that will be using the trucks and they approve of the speci£ications. MOTION by Councilman Breider to adopt Resolution #62-1972. Seconded by Council- ' man Mittelstadt. Upon a voice vote, all ayes, Mayor Liebl declared the motion carried unanunously. ' , II� � �i r, REGULAR COUNCIL MEETING OF MAY 15, 1972 PAGE 20 RESOLUTION #63-1972 - A RESOLUTION ESTABLISHING WORKING CONt7ITIONS, WAGES AND HOURS FOR EMPLOYEES EMPLOYED BY THE MUNICIPAL LIQUOR STORE (OFF-SALE): Mayor Liebl commended the City Staff for working out a two year agreement and said there was one change he would like to see made. This is in Article XXI, the last sentence on the page which should read as follows: ---that the fu11 time employee shall receive one weeks pay for each years service as a full time employee of the liquor store departsnent as a bonus. --- MOTION by Councilman Breider to adopt Resolution ,�63-1972 with the amendment proposed by Mayor Liebl. Seconded by Councilman Mittelstadt. Upon a voice vote, all ayes, Mayor Leibl declared the motion carried unanimously. RESOLUTION #64-1972 - A RESOLUTION AUTHORIZING A MULTI EMPLOYER BAP,GAINING APPROACH FOR PUBLIC WORKS AND PARK EMPLOYEE5 (INTERNATIONAi. UNION OF OPERATING ENGINEERS, LOCAL #49) FOR THE 1973 AND ENSUING CONTRACT YEARS: Mayor Liebl asked if this would be an advantage, and wouldn't it mean that Fridley would have to wait for everyone else� The City Manager said he felt this was a big advantage, and pointed out that it has been used the past few years in practice already. This would provide like pay £or like work in the metropolitan area, and a master contract can be negotiated. This makes it easier time-wise because then the Sta£f does not spend so much time in nego- tiations. The contract can still be re7ected however, and authority is not given to anyone to negotiate the contract for the City o£ Fridley, and Fridley still must approve the contract. MOTION by Councilman Mrttelstadt to adopt Resolution #64-1972. Seconded by Councilman Utter. Upon a voice vote,all ayes, Mayor Liebl declaxed the motion carried unanimously. CONSIDERATION OF A RESOLUTION TR2INSFERRING FIINDS FROM THE STATE AID REVOLVING ACCOUNT TO THE ST. 1971-4 STREET IMPROVEMENT FUND FOR A PORTION OF THE COST OF THE IMPROVEMENTS TO THE INTERSECTTONS AT 57TH AVENUE AND UNIVERSITY AND 615T AVENUE AND UNIVERSITY: MOTION by Councilman Breider to table tha.s item Seconded by Councilman Mittelstadt. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. RESOLUTION #65-1972 - A RESOLUTION SUPPORSING FED�RAL REVENUE SHARSNG AS PRESENTLY PROPOSED AND SUPPORTING "HR 14370 STATE AND LOCAL FISCAL ASSTSTANCE ACT OF 1972": MOTION by Councilman Mittelstadt to adopt Resolution #65-1972. Seconded by Council- man Utter. Upon a voice vote, all ayes, Mayor Liebl declared the motion carried „nanimously. WNSIDERATION OF APPROVAL OF ADDITIONAL BUS ROUTES AND EXTENSION5 REQUESTED SY THE METROPOLITAN TRANSIT COMMISSION: Councilman Breider saa.d that this extension would be to serve the Baker Street, 73rd Avenue and Osborne Road area. ��� REGUI.AR COUNCIL ME�TING OF MAY 15, 1972 PAGE 21 Councilman Mittelstadt said that he has received calls concerna.ng the scheduling oP the buses. There are no buses that leave the downtown area after 5:30 so those that work until 5:30 or later cannot catch the bus. He said that he would certainly encourage public transportation, so he would like to have the suggestion made to the MTC that there be a bus that would arrive £rom downtown sometime around 7:30 P.M. MOTION by Councilman Mittelstadt to approve the additional bus routes and extensions as proposed, and also to request that the Metropolitan Transit Com- Il7lssion consider later service £rom the downtown area. Seconded by Councilman Breider. Upon a voice vote, all ayes, Mayor Liebl declared the motion aarried unanimously. CONSIDERATION OF CHANGE ORDER #1 FOR PROJECT SW&SS MOTION by Councilman Utter to approve Change Order #1 for Sewer and Water Improvement Pro7ect *�106 in the amount of $4,811.66. Seconded by Councilman Mittelstadt. Upon a voice vote, all ayes, Mayor Liebl declared the motion carried unanimously. CLAIMS: MOTION by Councilman Mittelstadt to approve payment of General Claims #28357 through #28495 and Liquor Claims #6639 through #6690. Seconded by Councilman Utter. Upon a voice vote, all ayes, Mayor Liebl declared the motion carried unanimously. ESTIMATES• Progressive Contractor, Inc. Osseo, Minnesota PARTIAL Estimate #1 for work completed through this date St. 1972-1 Weaver, Talle & Herrick 316 East Main Street Anoka, Minnesota 55303 April Billing for 5ervices Rendered Progressive Contractor, Ine. Osveo, Minnesota PARTIAL Estimate #1 for work completed through this date St. 1972-2 (M5AP) $22,240.26 $ 2,334.86 $ 8,899.87 MOTION by Councilman Mittelstadt to approve payment of the estimates as submitted. Seconded by Councilman Utter. IIpon a voice vote, all ayes, Mayor Liebl declared the motion carried unanimously. , ' ' ' ' � REGULAR COUNCIL MEETING QF MAY 15, 1972 LICENSES: Used Car Lot By Frank's Used Cars 5740 Universrty Ave. Frank Gabrelcik Viking Chevrolet 7501 Hwy. 65 Viking Chevrolet, Snc. Service Station Phillips 66 6500 University Ave. Phillips Petroleum Co. Chuck's Gulf 7250 Central Ave. Charles .7ordan 5pur Service Station 6485 East River Road Carroll Hempel Off Sale Beer Gulf SerVice Station 74A East River Road Employer's Overload Mike's GulE 7315 Hwy. 65 Michael Ammend Food Janson's Quality Meats Establishment 620 Osborne Road Francis Carpenter Fridley DX 5701 University Ave. Superior Music Frontier Steak House 7373 Central Ave. Ruth Arthur Brothen, Inc. 7501 Commerce Lane Rol£ Brothen Fridley DX 5701 University Ave. Duane Schlottman Bob's Standard 5311 Univers�ty Ave. Sob Rioh d �� ��� , � . PAGE 22 Approved By Fee (NOT APPROVED BY COUNCIL) Bldg. Insp. $50_00 Bldg. Insp Fire Insp. Bldg. Insp Pire Insp. Bldg. Insp Fire Insp. Bldg. Insp Fire Insp. Bldg. Insp Eire Insp. Bldg. Insp 50.00 30.00 30.DD 30.00 is.00 15 00 Health Insp 25.00 Health Insp. 5.00 Health Insp. 25.00 Health Insp. 25.00 Health Insp. 5.OD Health Insp. 15.00 ��� REGULAR COUNCIL MEETING OF MAY 15, 1972 LICENSES CONTINUED: Food By Establishment Cigarette Fridley Golf Driving Range 8100 University Ave. Roger Jones East River Road Garage 6501 East River Road Michael Zgodava Duf£y's A & W 7429 East Ittver Road Earl Du££y Family Pizza Krtchen 7365 East River Road Employer's Overload Midland Co-op 694 and Main Street Pioneer Distributing LaMaur, Inc. 5601 East River Road Pioneer Distributing Mike's Gulf 7315 Hwy. 65 Michael Ammend Russ's Superette 6253 University Ave. Russell Paone Gil's GulP 5300 Central Avenue Gurney Gilberg Lemm's Country Boy Village 1301 Mississippi St. Henry Lemm Metro 500 5333 University Avenue Metro 500 Metro 500 8255 East River Road IVYetro 500 Holiday Auto Center 694 and University Ave. Eagle Industries Approved By PAGE 23 Fee , Health Insp. $15.00 Health Insp. 25.00 Aealth Insp. 25.00 Health Insp. 25.OD Health Insp. 80.00 xealth Insp. 95.00 , Health insp. 30.00 Police 12.00 Police Police Police Police Police 12.00 12.OD 12.00 12.D0 1 12.00 REGULAR COUNCIL MEETING OF MAY 15, 1972 ' LZCENSES CONTINUED: Cigarette By Holman's Shell 6101 Univexsity Ave. James Holman Du£fy's A & W 7429 East River Road Earl Duffy Family Pizza ICitchen 7365 East River Road Earl Du£fy Gulf SerVice Station 7451 East River Road Employer's Overload La Maur, Inc. 5601 East lttver Road Pioneer Distributing � Howard Johnson 5277 Central Ave. Pa.oneer Distributing Midland Co-op I. 694 & Main St. Pioneer Da.stributing Fridley DX 5701 University Avenue 5uperior Music Fridley Auctions 7600 University Ave. Cyril Link Ta�cicab Fridley Cab 5740 University Ave. Frank Gabrelcik Used Car Lot Hyde Park Motors 5900 Universrty Ave. Eldon Schmedeke Cigarette Frontier Club , 7365 Central Ave. Marlene Povlitzki Frontier Steakhouse 7373 Central Ave. Ruth Arthur �� �� �; a� PAGE 24 Approved By Fee Police $12.00 Police 12.00 Police 12.D0 Police 12•00 police 12.D0 Police 12.00 Police 12.00 Palice 12.00 Police 12_00 Police 3p.00 Police 50.00 Pola.ce 24.00 Police 12.00 � �7t� REGULAR COUNCIL MEETIVG OF MAY 15, 1972 LICENSES CONTINUED: On Sale Liquor By George Is In Fridley 3720 East River Road George Nicklow Sandee's Cafe 6490 Central Ave. William Weiss Shorewood Lounge 6161 xwy. #65 Anthony Nicklow James H. Johnson 621 Bennett Drive Fridley, Minnesota For: 380 57th Ave. N.E. 4 Units Multiple Dwelling Blacktopping Asphalt Driveway Co. 1211 Highway #36 St. Paul, Minn. Kenneth G. Smith Gusta£son Blacktop Co. 516 4th Street S.E. Minneapolis, Minn. Sames Gustafson Excavating Kadlec Excavating Inc. 724 Main Street N.W. Anoka, Minnesota Donald Kadlec Waalen & Sabby Inc. 9082 Polk Street N.E. Minneapolis, Minnesota James Waalen Gas 5ervice Nielsen Gas Heat 2916 East 38th 5treet Minneapolis, Minnesota Stanley Nielsen General Bryant-Franklin Corporation Contractor 1000 West County Road D New Brighton, Minnesota Richard Brama Approved By PAGE 25 Fee 1 $4000.00 4000.00 400D.00 Fire Prev. 3.55 (pro-rated for period May 1 to Sept.1,1972) NOT APPROVED NEW , sldg. Insp Bldg. Insp. Bldg. insp. Plbg. Insp Bldg. znsp RENEWAL RENEWAL RENEWAL xa�wxL ' NEW , REGULAR COUNCIL MEETING OF MAY 15, 1972 LICEN5ES CONTINUED: General Contsactor By Castle Mobile Homes Inc. 6279 Universrty Ave. N.E. Ma.nneapolis, Minnesota Bernard Rotter Richard Hastings Company 630 Ironton Street N.E. Fridley, Minnesota Richard Hastings Swanson Homes 7242 Willow Lane Brooklyn Center, Minn. Harold Swanson Waconia Homes Inc. Wacoma, Minnesota Harlan Hanson � A.L. Williams, Contractor 947 86th Avenue N.W. Coon Rapids, Minnesota A. L. Williams WoYwa Construction 3332 16th Avenue South Minneapolis, Minnesota Frank P. Worwa Approved By Bldg. Insp. NEW Sldg. Insp. Bldg. Insp. Bldg. Insp. Bldg. Insp. Bldg. Insp Masonry Randal Holwell Construction Co. 9950 University Avenue N.W. Coon Rapids, Ma.nn. Randal Holwell Bldg. Insp R.W. Soderstrom Company 6820 Brookview Drive N.E. Fridley, Minnesota R.W. Soderstrom �<�� PAGE 26 RENEWAL NEW NEW RENEWAL NEW NEW Bldg. Insp. RENEWAL The City Manager called the Council's attention to the report by the Sta£f on Frank's Used Car Lot and Asphalt Driveway Co. MOTION by Councilman Mrttelstadt to approve the licenses as subm�tted with the exception that Frank's Used Car Lot license and Asphalt Driveway Company's , license is to be wi�hheld. Seconded by Councilman Breider. Upon a voice vote� all ayes, Mayor Liebl declared the motion carried unanimously. Mayor Liebl asked that a letter be written to Frank's Used Car Lot and Asphalt Driveway Company asking them to appear before the Council. � C7 .r' REGULAR COUNCIL MEETING OF MAY 15, 1972 COMMUNICATIONS: � COMPLAINT ON NEXT ➢OOR BUSINESS: PAGE 27 MOTSON by Councilman Mattelstadt to receive the communication from N1rs. Patterson, 5885 7th Street N.E., dated May 9, 1972. Seconded by Councilman Utter. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. FINANCE DIRECTOR: MEMO REGARDING ELECT20N COSTS - 5UNDAY LIQUOR SALES: MOTION by Councilman Mittelstadt to receive the memo from the Finance Director dated May 11, 1972. Councilman Breider pointed out that the Finance Director would la.ke some Council direction on the matter of whether the interested businesses should pay the cost of putting this on the ballot. Mayor Liebl asked iP it was legal .for them to pay the cost. The G.ty Manager replie$ that it is voluntary. Councilman Breider said that in looking at the cost, it really is quite insignificant, and since he brought it up in the first place, he would offer an amendment to the motion on the floor. MOTION AMENDED by Councilman Breider to authorize placing the 5unday liquor sales question on the ballot, with the cost to come out of general election funds. The motion was seconded and upon a voice vote, all ayes, Mayor Liebl declared the motion carried unanimously. THE VOTE UPON THE ORIGINAL MOTION, after seconding, being a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. FRIDLEY LIONS CLUB: PERMISSION TD HAVE CIRCUS ON ALJGUST l. 1972: MOTION by Councilman Mittelstadt to receive the communication £rom Roger Larson, President of the Fridley Lions Club dated May 12, 1972, and concur in their request. Seconded by Councilman Utter. Mr. Jim Gibson said that they had permission to use the Sears, Roebuck property and they are getting a copy of the insurance. He said they would look to the City Administration for help in regard to the Police Awciliary and the Public Works in hooking onto the fire hydrant, He said the charge £or the circus is $2.50 for adults and $1.25 for children. Councilman Mittelstadt asked if the City would be donating the water. The City Manager said that the Public Works Director has estimated the water would cost about $11. THE VOTE UPON TI� MOTION, being a voice vote, all ayes, Mayor Liebl declared the motion carried unanimously. VETERANS ADMINISTRATION: COMMENDATION FOR ISLAND OE PEACE PROJEGT MOTION by Councilman Mittelstadt to receive the communication from the Veterans Administration dated May 10, 1972. Seconded by Councilman Utter. Upon a voice vote, all ayes, Mayor Liebl declared the motion carried unanimously. ' ' ' REGULe`�R COUNCIL MEETING OF MAY 15� 1972 PAGE 28 1 Gti� �7 a t ir� ' MINIITES OE MAY 4, 1972 MEETING CONCERNING ISLAND OF PEACE: MOTION by CounCilman Mittelstadt to receive the Ma.nutes of the May 4, 1972 meeting concerning the Island o.f Peace Projec�. Seconded by Councilman Sreider. Upon a voice�vote, all ayes, Mayor Liebl declared the motion caxried unanimously. LEOSd N]P.DSEN: MEMO ON MEETING OF APRIL 24, 1972 REGARDIY3G SSLAND OF PEACE: M�TI�N by Councilman Mittelstadt to seceive the memo Prom Leon Madsen da�ed April 28, 1972 in regard to the meeting April 24, 1972. Seconded by Councilman Utter. Upon a voice vote, all ayes, Mayor Liebl declared the motion carried unanimously. CONSIDERATION OF RESCHEDULING SULY 3, 1972 COUNCIL MEETING: MOTION by Councilman Breider to move the Council meetings back one week in July, making the meeta.ng dates July lOth, 17th and 24th. He commented that since July 4th falls on a Tuesday, many people wa.11 probably be taking a long weekend. Seconded by Councilman Mittelstadt. Upon a voice vote, all ayes, Mayor Liebl declared the motion carried unanimously. Councilman Mittelstadt asked that those dates be published in the Fridley Sun. CONSIDERATION OF CONSOLTDATION OF LIOUOR STORES #1 & ' Mayor Liebl said that he believed Shorewood would really prefer to have the City move from their place, and there should be some action taken in regard to Jim Gibson's property. He thought the next step shoulc1 be io get two appraisals of his property. Councilman Breider said he would like to have the Administration wosk out a cost analysis of leasing versus the cost o£ purchasing property and building. Mayor Liebl suggested setting a night the first week in June to sit down and discuss all the aspects of this problem. He said he has been told that an inventory of $150,000 £or an of£-sale operation is enough and anything more does not �ustify the additional investment. MOTION by Councilman Mittelstadt to authorize two appraisals on Jim Gibson's property at 6289 Highway #65 and instruct the Administration to make a cost analysis of leasing versus purchasing property for the o.f£-sale operation. Seconded by Councilman Breider. Upon a voice vote, all ayes, SQayor Liebl declared the motion carried unanimously. T,RAF'FIC SAFETY AWARD: The City Engineer showed the Council the award he had received this evening on behalf of the Crty of Fridley for tra£fic safety. ADJOURNMENT. There being no further business, Mayor Liebl declared the Regular Coun Meeting of May 15, 1972 ad7ourned at 12:00 Midnight. Res ectfully submitted, . ' ,i�✓��'�c'�P/�'� f7�A,..a� ' � .7ueC� Frank G Li bl Secretary to the City Council Mayor