12/10/1973 - 00016106�}'jk1
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THE MINUTES OF THE PUBLIC HEARING MEETING 6F THE FRIDLEY CITY COUNCIL OF DECEMBER 10, 1973
The Public Heartng Meeting of the Fridley City Council of December 10, 1973 was called
to order at 7:37 p.m. by Mayor Lie61.
PLEDGE OF ALLEGIANCE:
Mayor L�ebl led the Council and the audience in saying the Pledge of Allegiance to
the Flag.
II�VOCATION.
Mayor Lie6i asked for a few minutes of siient prayer for those missing in action in
Southeast Asia.
ROLL CALL:
MEMBERS PRESENT
MEMBERS ABSENT
PRESENTATION OF AWARD:
Councilman Breider, Councilman Starwalt, Mayor L�ebl,
Councilman Utter, and Councilman Nee.
fVone.
CERTIFICATE OF APPRECIATION: V, F. W., Fv"tIDLEY POST 363:
i�9ayor Liebl called those present representing the Fridley V.F.W. Post 363 forward to
accept the award for the or9anization.
Mr. r2ay Minard, 6151 Starlite Blvd., Nlr. Anton Olson, Commander of the Post, and Mr.
Les S. ilrton, Pro�ect Chairman, came forward to receive the certificate. Mayor Liebl
read the �nscription on the certificate aloud to the Council, members of the V, F. W.,
and audience.
The V. F. 6J. members thanked the Council and the members of the Council individually
thanked the U. F. W. for their contribution of the monument in Eisenhower Square.
APPROVAL OF MINUTES:
PUBLIC HEARING MEETING OF NOVEMBER 12, 1973:
MOTIQN by Councilman Nee to adopt the minutes of the Public Hearing Meeting of the
Fridley City Council of November 12, 1973 as submitted. Seconded by Councilman Breider.
Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously.
REGULAR COUNCIL MEETING OF NOVEMBER 19, 1973:
MOTION 6y Counciman Nee to adopt the minutes of the Regular Meeting of the Fridley
City Council of November 19, 1973 as presented. Seconded by Councilman Utter. Upon
a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously.
ADOPTION OF AGENDA:
MO7ION by Councilman Starwalt to adopt the agenda as submitted. Seconded by Councilman
Utter. Upon a voice vote, all voting aye, ��iayor Liebl declared the motTOn carried
unanimously.
VISITORS:
P1ayor Liebl asked if there was anyone present who wished to address the Council and
there was no response.
PUBLIC I-IEARINGS:
C HEARING ON VACATION REOUEST 5AV #73-11, BY ALLEN ZEIS. 70 VACATE HICKORY
rv1J7I0N by Counctlman Breider to waive the reading of the Public Hearing Notice and
apen the Public Near�ng on Uacation Request SAV #73-11 by Allen Zeis. Seconded by
Councilman Utter. Upon a voice vote, all voting aye, Mayor Liebl declared the motion
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PUBLIC HEARING MEETING OF DECEMBER 10, 1973
carried unanimously and the Public Hearing opened at 7:44 p.m.
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The City Engineer said the map indicating the placement of Hickory Street at the
point where the vacation is being sought was rndicated on page 1 B of the Council
agenda. He said he would recommend approval of the request with the stipulations
that were recommended by the Planning Commission. The City Engineer explained this
action would allow access to two parcels and this would be the staff and subcomm�t�ee
recommendation.
�9ayor Liebl indtcated it would be in order to rece�ve the letter of agreement from
the Minneapolis Gas Company regarding the exchange of easements.
MOTION by Councilman Nee to receive the communication from the Minneapolis Gas
Company stating they had received a suitable easement from Mr. Zeis covering their
existing facilities and dated November 29, 1973. Seconded by Councilman Uiter.
Upon a voice �,rote, all voting aye, Mayor Liebl declared the moiion carried unanimously.
Councilman Breider said he would have no ob�ections to the vacation of the proposed
areas if the necessary easements are obtained from the applicant. He felt this
would upgrade the building conditions in the area if there were larger lots.
Councilman Nee questioned if the area could be replatted and the City Engineer stated
the applicant was planning to begin construction soon, there would have to be two
readings of the ordinance for vacation, but this would be a possible st�pulation.
The City Engineer expressed the thought that this could be a point in an agreement
with Che applicant.
f�1ayor Liebl asked if there was anyone present who wished to comment on the proposed
vacation. There was no response from the audience.
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MOTON by Councilman Utter to close the Public Hearing. Seconded by Councilman Breider.
Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously
�and the Public Hearing closed at 7:50 p.m.
PUBLIG HEARING ON FINAL PLAT P. S. #73-09, BY THE WALL CORPORATION, BOUNDED ON THE �
SDUTH BY 63R� AVENUE N. E. ON THE EAST BY 5TH STREET N. E., ON THE NDRTH BY
MISSI55IPPI STREET AND ON THE WEST BY 7T 5TR ET N. E.,
MOTION by Councilman Breider to waive the reading of the Public Hearing Notice and
open the Public Hearing. Seconded by Counciiman Utter. Upon a voice vote, all voting
aye, ���ayor Liebl declared the motion carried unanimously and the Pu61ic Hearing on the
Final Plat P. S. #73-09 opened at 7:51 p.m.
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Mayor Liebl called on the developer's representative, Mr. Rudolph �ante, Wall Corporation,
to make h�s presentation on the Final Plat to the Council.
Mr. Dante addressed the Council and said there were three items he would like to
present to the Council. The first of the exhibits was a plan of the area with 28
single family lots within the R-1 area and 130 apartments within the R-3 area. Mr.
Gante explained that this plan is the proposal that was considered by the Board of
Appeals, and the Planning Commission had made some recommendations for modification
of the plan wh�ch concerned the ponding areas. He said the second proposal would
allow for 150 units in the R-3 area with all of the parking and multiple facilities
constructed within the R-3 area. He explained the third proposal to be the elimination
of the cul-de-sac, and the addition of the remaining remainrng area within the R-1
which would not be developed, would be included within the measurements for the
density of the R-3 portion, this would increase the living area per un�t considerably.
Mr. Dante explained the Wall Corporation had come to satisfactory agreement with
the officials at Anoka County for acquis�tion of the portion of the land to be used
6y the County for construction of the new facility in Fridley. He added, this would
be acquired through negotiations not condemnation.
Mayor Liebl indicated he would favor the approval of the plat if the Wall Corporation
would go along with �he plat with 23 lots and also dedicate the necessary easements
to the City.
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Mr. Dante questioned the amount of the proposed density in the Mayor's suggestion.
Mayor Liebl said he would recommend the remainder of the R-1 portion of property
that is not being platted would be included withrn the measurements for the dcnsity
for the R-3 area. He added, the Committees had expressed the opinion that this
would be favorable to them and he asked the City Attorney for his counsel on this matter.
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PUBLIC HEARING MEETING OF DECEMBER 10, 1973
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He explained to Mr. �ante that the Subcommittees are bound io a certain number of units
which have been set up �n the C�ty Code. He indicated the Council could work wtth Mr.
Dante and increase the amount of units in the density requirements. He aga�n stated
he would like to have the area platted without the cul-de-sac, and he would be able
to live with th�s type of proposal. Mayor Liebl again referred to the roap in the
agenda that contained this proposal and the information being referred to. Mr.
Dante said he had not seen th�s map and Mayor Liebl showed the map to him. Mr. Dante �
said this was not a plan prepared by the Wall Corporation. Mayor Liebl said the plan
would call for lots that would be 120 feet deep, most of them 75 feet of frontage and
a few wtth 80 feet of frontage. Mayor Liebl said his recommendation to the Council
would be to adopt the plat which was in the agenda, Mayor Liebl asked Mr. Dante which
of the plats he would prefer.
Mr. Dante said he would have to rely on the fairness of the Council after the close
of the hearing and hoped the density would be considered favorab7y. He indicated
a question in agreement, but said he would go along with the recommendations as
previously mentioned. lie said this plan would eliminate the cul-de-sac and also
five of the proposed lots. He said the remainder of the area between the R-3 and
the platted R-1 property would encompass the ponding area and provide an open area
for recreation,
f�ayor Liebl aga�n asked Mr. Gante if he would agree with the platting of 23 lots
as had been recommeneded by the Board of Appeals and the Planning Commission. Mr.
Dante indicated he agreed.
The City Attorney said the intention of the proposed plat would have to be understood
fully before it is adopted. He suggested the plat be approved and accepted with the
agreement that the remaining parcel would be platted inta one parcel and perhaps be
considered as an outlot, Mr. Dante pointed out the area on the plan on the easel and
said th�s would be in the R-3 area. The City Attorney stressed the remainder of the
property should be platted as an outlot, and thts could be controlled by the issuance
of building permits. He said if it were an outlot, there would be no future building
in the area.
Councilman Starwalt questioned �he need for the creation of bike paths in the area
and referred to several cases where the City has had to condemn areas for walkways
and other public uses of property. He stated he would like a good development
for the City and there are people in his ward that abut the proposed plat. lie
indicated he would be at odds with the proposal without the walkway easements.
Councilman Breider expressed the view he did not think the creat�on of sidewalks
in between the homes would be in the best interesi of the future residents of the
plat. He said this would create a lot of traffic and there are already sidewalks
on the library property. Counc�lman Breider said he thought there was adequate
facilities in the area for walkers to the Hayes Elementary School and the Junior
High School and Senior High School, He felt that as much foot traffic as possible
should be kept out of the residential R-1 areas. He said in his area there is a
great deal of traffic through the residential areas from the apariments. Ne explained
how the young people�ump the fences to take the shortest route and the creation of
walking areas would create a lot of problems for the people in the R-1 area,
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I�1ayor Liebl referred to the minutes of the �oint Meeting of the two Subcommittees
and said they had suggested that if this area would be a part of the apartment complex,
there should be some recreational facilities provided for the residents of the compiex
such as tennis courts. Mayor Liebl read the recommendation of the Planning Commission
which dealt with this portion of the area aloud to the Council and audience, He said
this is the reason the proposed cul-de-sac had 6een deleted from the plat. He said �
the Council would have to insure that the outlot is taken care of by the complex,
not by the City.
Councilman Starwalt said he understood the concept, but thought there should be
public access to the park area. Councilman Breider said the donation of the developer
to the park system could be either land or cash. Councilman Starwali said in this
inctance, it would be natural for the donation af the land and then, the Gity would
be responsible for the maintenance of the area. He questioned if the City would be
taking care of the area sometime in the future.
Councilman Bretder expla�ned there is green area needed for the apartment residents
�ust as the back yards are used by single family home dwellers. He indicated in some
cases, this has not been done by the deve7opers and the people residing in the units
have no place to go and the children run all over the place, He said he would not look
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PUBLIC HEARING MEETING OF �ECEMBER 10, 1973 PAGE 4
on the open area of this development as possi6le park property, there should be some
place to go outside and there should be some place for recreation on the property
just as those with single family homes have a back yards.
The City Attorney said the developer would have two alternatives for the requirement
of the donation to the park system, he could donate land or cash in lieu of the
land donation. The Gity Attorney said the donation of the cash would be on the
R-1 portion of the property and the outlot should not be dedicated if the area is
to be used in figuring the density of the area for apartment complex.
Mr. Walter P�terson, 6351 7th Street N. E, addressed the Council and questioned the
discussion on the storm sewer. He said he had been present at a meet�ng of the
Council of a year ago and the Wall Corporation had agreed at that time to take care
of the flooding of the area. Fle said there had been a storm sewer placed in the
area in 1966 and this was to have taken care of the area. He questioned the need
for a new system to be assessed to the area people when they already had been
assessed for the existing system.
Councilman Breider sa�d the exist�ng system is drained inta the Wall Corporation
property in times when an overflow area is needed. He said the retention areas
would provide added use for these times when the overflow system is needed
Mayor Liebl asked if there was any o6�ection to the area abutting 7th Street,
63rd, and Mississippi being residential areas. Mr. Peterson sa�d he would not ob�ect
to this. Mayor Liebl said this is what he and Councilman Breider had determined
from talking to the people of the area.
MOTION by Councilman Breider to close the Pu�lic Hearing. Seconded by Counci]man
Utter, Upon a voice vote, all voting aye, Mayor Lieb7 declared the motion carried
unanimously and the Public Hearing closed at 8:55 p.m.
PUBLIC HEARING ON A VARIANCE REQUEST BY TNE WALL CORPORATION TO ALLOW 144 UNITS ON THE
�R-3 PORTION OF �HE SITE, INSTE D OF COD��E R�IREMEN�S OF 92 UNI�S, WITH SPECIAL
CONSIDERATION FOR USING A�JOINING UNPLATTED R-1 LAND WITH THIS R-3 PORTION:
M�TIOid Gy Councilman Utter to waive the read�ng of the Public Hearing Notice and open
the Public Hearing. Seconded by Councilman Starwalt. Upon a voice vote, all voting
aye, Mayor Liebl declared the motion carried unanimous7y and th� Public Hearing opened
at 8•56 p.m.
Mr. Dante addressed the Council and said this request had been discussed with both
the Board of Appeals and the Planning Commisston and the last time there had been
a joint meeting of th� Subcommittees. Mr. �ante said it was his understanding that
the Subcommittees had not defined the recommendations for the variance within a
certarn number of units. He said they had recommended a vartance be granted and
that the unplatted portion of the R-1 property be used for the allotment for the
density. He said he thought now they were back to the discussion of the number
of units per square foot.
fNr. Dante stressed he had reviewed the numbers on the proposed plat with the open
area to be used for the density figures and this would allow 2,638 square feet per
unit for 144 units. He said his figures were available if ihe members of the
Council wtshed to review them. He requested the variance in density to be larger.
Mayor Liebl asked the Acting City Manager/City Engineer if Mr. �ante's figures were
correct. The City Engineer responded that the plat being used by Mr. �ante was
�different than that used by the City staff in figuring. The City Engineer said the
Board of Appeals and the Planning Commission had recommended 144 units. Mayor Liebl
asked tf this would be the absolute lim9t in granting the variance for density and
the City Engineer said this would bring the variance to the absolute limit in R-3
and this would be with full credit for the R-1 area. The City Engineer said the
mimimum amount of density would be 2,500 square feet per unit.
Councilman Breider said the proposal which would be acceptable to him would be 144
units wibh the cash donation for the park requirement. Mr. Dante stressed the plan
had lost five lots and the Corporation would be developing the cen�er area as a park.
Councilman Breider again said if the variance was not granted, the total number of
units which would be allowed 6e only 92. He stated, the Wall Corporation had not
obtained approval of the variance to 130 units, and now the request was for 144 with
the additional land being figured in the square footage.
Mr. �ante said the developer would be able to develop the property with the construction
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PUBLIC HEARING MEETING OF �ECEMBER 10, 1973
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of 92 units, the orig�nal request for 28 residential lots which would be 300 feet
deep, and not provide for the storm sewer system and request the City to provide
a full system. He said the Wa17 Corporation would not have to 6e concerned about
the upkeep of the ponding area.
Councilman Breider sa�d if th�s was done, the City would not issue the building
permit and allow the construction within the rezoned area. Ne stated, ihis
did not sound very practical.
Mr. Dante satd everytime the plan is modified, the Wall Corporation is forced
to 6ack up. Ne sa�d now there was to be money donated io parks or land donated
and less units. Mr. Dante reminded the Council that the ponding and drainage
system is a very expens�ve system to construct and maintain,
Mayor Liebl questioned the City Attorney on the point raised by Mr. Dante and
asked if it would be possible for the Wall Corpordtion to construct 92 units in the
R-3 area, go ahead with the plat for the additional lots and cul-de-sac, and donate
the 10% of the land to the park with correct accessability.
The City Attorney advised the Council that this would not be possib7e in his
opinion. Mayor Liebl asked if it would be possible for the Wall Corporation to
go ahead according to the City and State Code and develop the property forcing the
City to �nstall a storm drainage system for the area.
The City Attorney referred back to the orig7nal agreement between the City and
the Wall Corporation which was drawn up at the time of the rezoning of the property
from R-1 to R-3. The City Attorney said the Wall Corporation could not develop
the property without complying with the conditions of agreement that were entered
into at the time, Mayor Liebl again questioned if the original plan was considered,
would it be possible to deveTop the property without construction of the storm sewer
system. The City Attorney again referred to the original concept and agreement
at the time of the rezon�ng.
The City Engineer addressed the Counctl and said he would like to go over the work
done and the recommendations from the Board of Appeals and the Planning Commission.
Ne explained they had tried to come up with a proposal that would be within the
law and also accepiable to the Wall Corporation. He stated tfiey do have definite
limits on what would be allowed. He referred back to the original request and said
the property had been completely R-1 and a portion of the property had been rezoned
to R-3, lie recalled there had been many mod�fications in the plans for the area.
He recalled an outl�ne for the currently proposed complex had been defined at the
Special Meeting of the Wall Corporation and the Council. He read the four stipulations
which were set as guides to the various Subcommittees and the staff and said a set
nurnber of lots and rental structures for the ntultiple units had been recommended.
He said the plan also included a stipulation that the drainage problems of the area
be taken care of by the Wal7 Corporation. He explained th�s was the recommendation
of the Council as the matter was to be considered by the var�ous 5ubcommittees.
He explained the plan had changed slightly through the Subcommittee consideration.
The City Engineer continued his explanation to the Council saying if more than
144 un7ts are allowed, the petitioner should again go through the rezoning process
on the R-3 area. He said there are special requirements for this type of usage
with the various zonings. He said if the additional land is used and the credit
�s given, the City would be very close to the requirements of the R-3 zoning code
and this would 6e w�th the allowance of 144 um ts. He said if the land is not provided
for the park requirement, the cash could be donated in lieu of the land requirement
for the R-1 plat. He stated this would be Council prerogative, but ii would be the
staff recommendation that the cash be taken because of the Commons area being so
close to the proposed development site.
The City Engineer expressed concern if there was a larger Variance in density granted,
it would be possible for someone to take action against the City and he felt he would
like the pro�ect to get underway w�thout any future stopping points. He stated,
it had been the recommendation of the City Attorney that the Council not grant any
larger variance than 144 as this would be very close to the R-3 density requirements.
Mayor Liebl said
this was correct,
started.
this would take a rezoning request and the City Engineer replied
but he did not want anything to stop the development once it got
fHayor Liebl questioned the City Engineer if his recommendation would be to go along
with the recommendation of the Board of Appeals and Planning Comm�ssion and approve
the R-1 plat. The City Engineer said yes, he would like the area bounded by the R-1
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PUBLIC HEARING MEE7ING OF DECEMBER 10, 1973 PAGE 6
zoning and also to stay wi�hin the limits of of the density requirements for the
R-3 area. He said if additional area was to be rezoned, he would suggest this be
along 63rd Avenue. He said if the Counci7 would go beyond the:se l�mits, it may
be difficUlt to defend legally.
The City Attorney said the Council would not have unlimited discretion tn granting
the variance. Ne stated, it would be necessary to determine if this was a unique
� situation and a hardship in development. He said this could be proven with the
low areas and the storm sewer problems of the area along w�th the unusual credit
for density allowed for the added R-1 unplatted area. The City Attorney thought
the situation was unique, but beyond this, there would have to 6e some �ustification.
Councilman Breider recalled there had 6een alot of time spent on the proposals of
development for this parcel. He recalled four years ago the Council had maintained
the concept of the residential buffer while making it feasible for the developer
to install multiple u�7ts. He added, �n nis est�mation of the proposal, he believed
the current residential buffer would be good for the neighborhood and with the
drainage problems taken care of, it would be good for the City and the plan would
also prove to be good for the developer.
Councilman Starwalt stated he would go along with the proposal for 144 units.
He added, now the Wall Corporation is a tax payer of Fridley. He thought the retention
of the park property as private property would not cause any prot�lems �n the area,
and if the zoning requirements are met, this proposal would be agreeable with him and
all would be happy.
r1ayor Lieb7 asked if �t would be possible to include the installation of the sidewalks
on 5th Street. Mr. Dante said the Wall Corporaiion would petition the City for this
tnstallation. Mayor Liebl said the abutting property owner would have to pay for the
assessments. Mr. uante sa�d this would be spread out
Gouncilman Nee satd as this was a Public Hearing on the proposal, he would like to
�hear from the people present who wished to speak.
Mr. Peterson asked the Counci7 how this plan differed from the plan that was approved
a year ago.
Councilman Breider said there had been 51 to 63 townhouses in the R-1 area and now
there would be no townhouses, ihere would be single family lots which would range
in size from 75' by 12D' to 80' by 120'.
Mr. Peterson recalled that three years ago the developer had said it would not
be feasible to build homes in the area. Councilman Starwalt said the developer would
be selling the platted land �o a home developer and the home 6u77ding firm would
develop the plat, not the Wall Corporation.
��1ayor Liebl asked if there were any more comments from the people present.
Councilman Nee questioned the City Attorney for clarification of the point of
consideration on the R-1 density requirements for the R-3 zoning area. lie questioned
if this would be in effect rezon�ng the property?
The City Attorney said there wauld be a variance in the number of units in the R-3
area and this would be consistant with the criter�a that there is a unique situation
on the parcel. He said the first reason that there is a unique situation is because
the property is low and there is a drainage problem in the area. Secondly, the
�City Attorney continued, there would be a pledge on the part of the developer that
certain vacant lands would be used in conjunction w�th the R-3 property to provide
additional space for the density requirements. The City Attorney said he did not
think he could point to a certain ordinance in thts case, but it is possible to
consider ad�acent property in R-1 as parking areas and this would be included in the
density requirements. lhe Ciiy Attorney advised the Council that in his opinion,
tFns would be within the limits of Council au'thority and this would not be short
cutting any zoning ordinance. He said if the constructi�n of the un�ts is limited
to the R-3 part�on of the parcel and the remainder of the requirements could be
controlled by huilding permits or the inability to issue building permits on the
outlot, this would be satisfactory legally.
Councilman Nee sa�d he believed the variance would 6e issued from the required
2,500 down to 1,5DD for the R-3 area and the City Attorney said the figures were
techn�cally correct.
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PUBLIC HEARING MEETING OF �ECEMBER 10, 1973
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Tne City Attorney sa�d there would have to be a p]edge that the open area would
be platted as an open area to be retained for the purposes of ponding and retent9on
of water and open space.
Playor Liebl said the 14th stipulation of the Planning Commtssion would protect
the City �n this aspect.
Counci7man Nee asked Mr. Uante 7f he would have any objection io the addition of �
another stipulation that the complete drainage be done before selling the p7at
to a home developer,
ilr. �ante replied that he did not know if thas could be done as the Wall Corporatton
would like to sell the lots as rapidly as possible and this is what had been told
to the Board of Appeals and the Planning Commission. Fle indicated he would like
to sell the entire plat to one or two home developers if it would not be possible
to sell to �ust one developer. Mr. Dante said he would like to control the property
in the best interest of the investment. Mayor Lieb7 pointed out that the ponding
area would have to be developed at the same time as the property is being developed
in the multiple area. Councilman Nee explained he would like to see the installation
of the pond as soon as possible, Mr. Dante stated the development of the ponding
areas would be kept tn line with the development of the R-3 property, there would
be an immediate need for the construction. He also stated this would be done as
soon as possible to eliminate the possibility of construction costs increasing in
the future.
The City Attorney asked if the grade levels for the residential lots had been
established. Ne stated the area will have to be developed so the water does not
interfer with the residential property. Mr. Dante said the Wall Corporation would
stipulate the position of the ponding area to the buyer if th� insta7lat�on is not
complete. Mayor Liebl said that the �nstallation would have to 6e done at the same
t7me as the development of the property.
Councilman Nee asked to be forgiven for being so persistent on the point, but he �
wanted some way to control the construction of the ponding area and this may
involve restricting the lots �n some way. Mr. Uante again stressed the installation
of the installation of the ponding area would have to be done in conjunction w�th the
construction of the R-3 property. He mentioned the fact tha� the building permits
would be expiring and he would like the construction to begin before the coming
spring. He stated if he were approached by a possible buyer for the lots in the
coming week, he would like to be able to sell them.
Councilman Nee said he would like some meaningful assurance that this would be done.
Ne recalled a short time ago at the present meeting, Mr. Dante had said he may not
�nstall the ponding facility. Mr. Dante recalled that he had been informed it was
his obligation to provide for the system through the original agreement for rezonin9.
Mayor Liebl said if the carrect procedures in development are not followed, the City
would have ti�e ability to not grant the occupancy permit.
Councilman Nee said if history could be any kind of a guide, he would state that
�t may not be 6uilt,
Councilman Nee said he thought this to be a very constructive plan and he had been
looking for guidance from Councilman Breider. He added, he thought the 744 unit
plan would have a little more potential for a better structure than the plan for
130 units.
Mayor Liebl �aid the petitioner would have to go the Bui7din9 Standards Design �
Control Subcommittee for their consideratian and recommendat�ons and he said the
appl�cant would supply them with the elevations in the parce7,
Councilman Breider advised Mr. Dante that this present section of the meeting would
not 6e granting approval, th7s was a hearing only. Mayor Liebl said the Council
could take action on the matter �uring the Planning Commission section of the current
agenda.
MOTION by Councilman Utter to close the Public Hearing. Seconded by Cauncilman Starwalt.
Upon a voice vote, all voting aye, i9ayor L�ebl declared the motion carried unanimously
and the Public Hearing closed at 10:04 p,m.
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PUBILC HEARING MEETING OF DECEMBER 10, 1973 PAGE 8
OLD BUSINESS:
ORDINANCE #555 - DESIGNATING CREEK AND RIVER PRESERVATION MANAGEMENT DISTRICT.
Councilman Nee referred to the proposed amendm�nt to the ordinance stating he
� believed this language to be satisfactory. The Acting City Manager said the staff
had reviewed the ordinance and made this change in Section 9, paragraph 4. ��ayor
Liebl said the ordinance and amendment would save people some money.
MOTION by Councilman Nee to amend the proposed Creek and River Preservation Management
Ordinance as recommended 6y the Administration in Section 9, paragraph 4. Seconded
by Councilman Utter. Upon a roll call vote, Councilman Nee, Counci7man Bre�der,
Councilman Starwalt, Mayor Liebl, and Councilman Utter voting aye, Nlayor Liebl declared
the motion carried unanimous1y and the proposed ordinance amended.
MOTION by Councilman Breider to waive the amended second reading of the Ordinance
for the preservation management district, adopt adopt Ordinance #555, and order
publication of the Ordinance. Seconded by Councilman Utter. Upon a roll call vote,
Councilman Breider, Councilman Starwalt, Mayor Liebl, Councilman Utter, and Councilman
Nee voting aye, Mayor Ltebl declared the motion carried unanimously and Ordtnance �k555
adopted as amended.
Councilman Nee recommended the people who would be affected and eligible for the
�nsurance 6e notified of the applzcation procedure. The City Eng�neer asked if this
information could be sent with the calendar and the Administrative Assistant,
Peter J. Herlofksy, said this wou7d be diff7clult to accomplish at this late date.
The City Engineer said it would be possible to send the notification to the people
in the Riverview Heights area stating they are eligible for the flood insurance.
� Mayor Liebl said another possibility would be to include this information w�thin
the newsletter. He indicated this would be a big help for the people if there would
be a flood in the 1974 spring season. He said he would like the people in Riverview
Heights and also the people living on Rice Creek notified.
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Councilman Nee said his concern would be mainly the Riverview Heights area.
NEW BUSINESS:
RECEIVING BIDS AND CONSI�ERA7ION OF
MOTION 6y Councilman Utter to receive the bids as follows:
Insurance Agent
P. M. Endsley Company
Minneapolis
P. M. Endsley Company
Minneapolis
Mtner McAlpin Agency
Minneapolis
Anderson Agency
St. Paul
Donahue Insurance
St. PaUI
Insurance Company
Home Insurance Company
Western Casualty Ser. Co
Home Insurance Company
Nome Insurance Company
Gulf Insurance Company
Wolverine Insurance Company
Zurick Insurance Company
Net Premium
$29,630 7 year
$70,431 3 years
$40,409 1 year
$70,981 3 years
$29,630 1 year
$70,431 3 years
$29,630 1 year
$70,431 3 years
$34,786 1 year
$80,670 3 years
The Acting City Manager explained that four of the bids had been identical and
from the same company, but from four different agents of the company. He continued
to exp7ain the usual procedure in a situation of this type and said if the current
contract holder is providing good service to the City, the Council may consider
awarding the bid to him, or if there were a local agent involved, this may be the�r
choice.
SECONDED BY Councilman Breider.
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PUBLIC HEARING MEETING OF �ECEMBER 10, 1973
f]:�e[�:7
The City Attorney suggested the four low b�dders submit a resume of their agencies
indicating the type of service they offer, who is �?mployed by the agency, what
experiences they have had in the past and then suggested the item be placed on the
agenda for considerat�on the following Monday evening,
Mayor Liebl asked if the other peo��le who had submitted a low bid would be contacted.
Mr, Gordon Middag, Purchasing Agent, said he would notify the other bidders.
UPON A VOICE VOTE, all voting aye, �4ayor Liebl declared the motion carried unanimously
RECEI�ING THE MINUTES OF THE PLANNING CDMMISSION MEETING OF NOVEMBER 21, 1973:
MOTI4N by Councilman Nee to receive the minutes of the Planning Commission Meeting
of November 21, 1973. 5econded by Councilman Starwalt. Upon a voice vote, all voting
aye, Mayor Liebl declared the motion carried unanimously.
ING THE MINUTES DF THE JOINT PLANNING COMMISSION AND BOARD OF APPEALS MEETING
CUNSIDERATION OF A PROPOSED PRELIMINARY
bEIiuG A REPLAT OF THE E ST HALF OF HE
OF SECTION 14, T- 30, R-24 CITY OF FRID
FORMER REIDEL P OPERTY:
A�tEOUEST FOR A VARIANCE OF SECTION 45.
T P. S
lA. FRIDLEY
THE WALL CORPORATION
E SOUTNWE QUARTER
WITH EXCEP IONS,
CODE, TO RE�UCE
ET PER UNIT TO
0 UNTT APARTMENT
ES 385 F E F THE
F cFr T N _�zn
Mayor L7eb1 sa�d if there are no ob�ections, the Council could approve the plat
at the present time along with the variances. He said the app7icant would have
to go before the Butlding Standards Design Control Subcommittee for their
rev�ew of the p]an.
MOTION by Councilman Breider to concur with the Plann�ng Commissi�n and the
Board of Appeals recommendations and give preltiminary approval of the plat
and the variances based on the concept of the plat which would establish the
variance and that final approval of the plat and variance will be given when
the plat is prepared and adding the plat wi71 not change from the one approved
at the present meet�ng, Seconded by Councilman Utter. Upon a voice vote,
all voting aye, Mayor Liebl declared the motion carried una m mously.
Councilman Breider commended the Board of Appeals and P7anning Commission on the
amount of work done and the amount of time put into the consideration of the
Wall CorpoMation requests. Mayor Lieb� agreed stating the Joint Meeting had
gone on until 1:20 a.m., and the Subcommittees had worked diligently.
MOTTON by Councilman B�ei�r to receive the minutes of the Joint Meeting of the
Board of Appeals and the Planning Commission of November 28, 1973. Seconded by
Councilman Utter. Upon a voice vote, all voting aye, Mayor Liebl declared the motion
carried una m mously.
RECEIVING THE MINUTES OF THE BOARD aF APPEALS MEETING OF NOVEMBER 27, 1973:
WALL CORPORATION:
The City Engineer said this item had 6een taken care of in the previous aciion
of the Council.
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PUBLIC HEARING MEETING OF DECEMBER 10, 1973
PAGE 10
A REOUEST FOR A VARIANCE OF SECTION 45.134. 4B. FRIDLEY CITY CODE TO REDUCE THE
F
The City Engineer pointed out the proposed construction on the plan on the
easel and stated the construction would be the same on the west side as had
been approved on the east side. He suggested there be an additional stipulation
stating if there are assessments for the alley, the applicant would be aware
of the assessment and agree to pay the same.
MOTON by Councilman Utter to concur with the Board of Appeals recommendation and
approve the variance with the additional stipulation that the petitioner be
aware that there may be future assessments on the alley and he agrees to pay
this assessment. Seconded by Councilman Breider. Upon a voice vote, all voting
aye, Mayor Liebl declared the motion carried unanimously.
MOTION by Councilman Utter to receive the minutes of the Board of Appeals Meeting
of November 27, 1973. 5econded by Councilman Breider. Upon a voice vote, all voting
aye, Mayor Liebl declared the motion carried unanimously.
RECESS.
Mayor Liebl called a ten minute recess at 10:35 p.m.
RECONVENED:
Mayor Liebl reconvened the meeting at 10:55 p.m
RECEIVING THE MINUTES OF THE BUIL�ING STANbARDS dESIGN CDNTROL SUBCOMMITTEE MEETING
OF DECEMBER 6, 1973:
BUILDING FOR OFFICE AND
The City Engineer said this applicant's item along with the others included in
the minutes would like to expedite their requests because of the weather conditions
and the fact that the frost is rapidly growing deeper. He recommended that the
Council approve the request with the seven stipulat�ons of the Suhcommittee.
MOTION by Cuuncilman Breider to approve the request for the construction of a
new building 6y Paco Masonry to be located at 7893 Beech Street with the
seven stipulations as recommended by the Subcommittee. Seconded by Councilman
Utter. Upon a voice vote, all voting aye, Mayor Liebl declared the motion
carried unanimously.
CONSIDERATION OF A REQUEST TO ALLOW PLACEMENT OF A PRE-CONSTRUCTED SALES UNIT
BE C ED 0 LO , BLOCK , SY HIL S PL , THE S BE G 2 8 MISS
STREET, FRIDLEY, MINNESOTA. THIS BUILRING WILL BE USED FOR RETAIL PHOTOFINIS
AND FILM SALES. REQUEST BY MOTOFOTO OF AMERICA, INC., 7851 METRO PARK WAY,
SUITE 306, MIIJNE�POLIS, MINNES T 55420 :
The City Engineer advised the Council that this ttem should be tab7ed for
consideration of a special use permit.
MOTION by Councilman Utter to table the request by Motofoto of America, Inc.
Seconded by Councilman Starwalt. Upon a voice vote, all voting aye, Mayor
Liebl declared the motion carried unanimous7y,
TION OF A REQUEST TO CONSTRUCT AN APARTMENT COMPLEX LOCATED ON THE
PPI
���e
PUBLIC HEARING MEETING OF DECEMBER 10, 1973
fiY WALL CORPORATION, 8030 CE�AR AVENUE SDUTH, BL�OMINGTON, MINNESOTA):
PAGE 11
The City Engineer advised the Council that this matter had 6een tabled at the
Subcommittee level.
TION OF A REpUEST TO CONSTRUCT AN ADDIT
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The Ciiy Engineer said there are some problems with Gumwood 5treet and aTso
other buildings that are owned by Mr. Smith. He expla�ned the conditions
on the other buildings would have to be upgraded.
Councilman Breider asked Mr. Smith �f there M�ould be any problems with
the s�:ipulation that the lots at 7795 and 7713 Beech 5treet be blacktopped.
Mr. Smith said he had planned on b7acktopping the parking areas.
The City Engineer said the City was making an effort to upgrade the conditions
in the area and he thought that if the lots were larger this would a�d in
solving the problems.
Mayor L�ebl read the 11 stipulations of the Subcommittee aloud to the
Council and Mr, Smith. He asked Mr. 5mith if he had any ob,7ections to the
stipulations. Mr. Sinith indicated he agreed with them._
MOTION by Councilman Breider to concur with the recommendations of the Building
Standards Design Control Subcommittee and approve the request for tP�e addition
with the 11 stipulations suggested by the Subcommittee.
Councilman Starwlat asked if some agreement for the parking had been reached
and the City Engineer said this }tad been worked out. He explained io Mr. �
Smith that every building has a certain required amount of parking stalls and
they would work out the details of this requirement to gain compliance
w�th the code.
Mr. Sm�th stated the parking problems are those of Assurance, they do not have
enough parking.
SECONDED BY Councilman Utter. Upon a voice vote, all voting aye, i�9ayor Liebl
declared the motion carried unanimously.
MOTIOIV by Councilman Breider to rece7ve the minu�es of the Building Standards Design
Control Subcommittee meeting of �ecember 6, 1973. Seconded by Cauncilman Utter.
Upon a voice vote, all voting aye, Mayor Liebl declared the moiion carried unanimously.
CONSIDERATION OF APPROVAL OF AD,]USTED PAYMENT TO ARTHUR UIET FOR LOT 2, AiVD 3, BLOCK 1,
VEIT'S SECOND ADDITION:
I�IOTION by Councilman Utter to concur with the recommendation of the Administration and
approve the ad,7usted payment to Arthur Veit for Lot 2, and 3, Block 1, Veit's
Second Addition in the amount of $2,864.20 that the City would pay down for the
contract for deeci and $6135.80 to be paid in January, 1974 for the warranty deed.
Seconded by Councilman Starwalt. UPon a voice vote, all votin9 aye, Mayor Lieb7
declared the motton carried unanimously,
CONSIDERATION OF CHANGE OR�ER #3 FOR S7REE7 IMPROV�MENT PROJECT ST. 1973-1 AiJD
r�r �n-lo o nncnc nri r�rTnir cru c'rnrrT.
The City Engineer said the improvement of 5th Street had been included in the
pro,7ect because the City anticipated the completion of the constructton of the
Wall Corporation complex, but this had not materialized this year, so, he
would recommend the Council approve the change order, but indicate the assessments
should 6e carr�ed as pending assessments. He said this would be completed the next
year.
MOTION by Councilman Breider to delete 5th Street from the Street Improvement Project
St� 1973-1 and St. 1973-2 (MSAS) and approve the change order #3, and that ihe
assessments be carried as pending. Seconded by Councilman Utter. Upon a voice vote,
all voting aye, Mayor L�ebl declared the motion carried unan�mously.
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PUBLIC HEARING MEETING OF �ECEMBER 10, 1973
PAGE 12
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CDNSIDERATION OF ACQUIRING TAX FORFEIT LDT 6A, SECOND REVISION AU�ITOR'S SUBDIVISIOIV #27:
The City Eng�neer said the parcel of property may be needed in the future when the
area property is s,plit into two lots. He explained the C�ty did have need for
street easement and also utility easements.
MOTION by Councilman Starwalt to approve the acquir�ng tax forfeit Lot 6A, Second
Revision Auditor's Subdivision #21. Seconded by Councilman Breider. Upon a voice
vote, all voting aye, Mayor Liebl declared the motion carried unanimously.
RtSOLUTION #154-1973 - ADVOCATING
FIRE FIGHTERS
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Mayor Liebl recommended approval of the resolution stating this wou]d be a great
expense to the City.
Councilman Nee said he bel�eved the wording "Municipal Employees" shou7d be deleted
from the Resolution. The Finance �irector, Marvin Brunsell, said the other emp7oyees
would not be included in this resolution hecause they are paid for overtime after
a 40 hour v�eek.
P10TION 6y Counctlman Utter to adopt Resolution #154, deleting the words, "Municipal
Employees". Seconded by Councilman Nee. Upon a votce vote, all voiing aye, Mayor
Liebl declared the motion carried unanimously.
RESOLUTION #155-1973 - AUTHORIZING THE SALE OF CERTAIN SURPLUS PROPERTY:
MOTION by Councilman Utter to authorize the sale of certain surplus property.
Seconded by Councilman Breider. Upon a voice vote, all voting aye, Mayor L�ebl
declared the motion carried unanimously.
RESOLUTION #158-1973 - ORDERING IMPROVEMENT, FINAL PLANS AND SPECIFICATIONS AND
974-2
AND
RECEIVING PETITION #16-1973 - OPPOSING THE IMPROVEMENT OF 57TH PLACE.
Councilman Bre�der said he had recetved a petition opposing the improvement of 57th
Place. He satd he would like to delete 57th Place from the Improvement Project.
He continued there had been opposition of the improvement of Sunrise Drive and
Rainbow Drive, but he felt the improvement of these streets was very inexpensive
at this time and the only reason the people had voiced oppos�tion was that it was
not done along with the remainder of the improvements of the area Councilman
Breider feared if the improvements were put off, the street would break up and the
cost of the improvement would be greatly incre�sed for the area property owners.
MOTION by Councilman Breider to adopt Resolution #158-1973, ordering improvement.
frnal plans and specifications and estimates of the costs thereof; Street Imp�ro�ement
Project 5T. 1974-1 and ST. 1974-2 (MSAS), and deleting 57th Place from the improvement
Seconded by Councilman Utter. Upon a voice vote, all voting aye, Mayor Liebl declared
the motion carried unanimously.
� Councilman Starwalt said he had talked to the people on 73z Avenue and the people
seemed to agree to the improvement at this time with the exception of one man and he
had not been in contact with him. Counci7man Utter said the man had not talked to
him.
Councilman Starwalt referred to the improvement of Bacon Drive and said the people
are in opposition to the street being placed as a through street rather than a dead
end as it is at the present time. Councilman Starwalt expressed the v�ew that all
persons would not want any more traffic on their street than resides in the area.
The C�ty Engineer said if the plan for the cul-de-sac were used, this would mean
the additional acquisition of right of way to enable the roadway to be large
enough to get the necessary maintenance equipment through. He advised the Council
that the Engineering recommendation would be to place the road through. lie said if
this is done, the entire community would benefit.
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PUBLIC HEARING MEETING OF DECEMBER 10, 1973 PAGE 13
Councilman Starwalt said the people of the area prefer to not have a thraugh street
and they want a 31 foot street. He said he would recommend the narrower street,
but he would recommend the Council approve putting the street through.
The City Engineer said the street could be constructed narrower with a"T" on each
end.
RESOLUTIDN #156-1973 - TO ADVERTISE FOR BIDS, BACKHDE LOADER:
MOTION by Councilman Breider to adopi Resolution #156-1973, approving advertisement
for bids for a backhoe loader. Seconded by Councilman Nee. Upon a voice vote, all
vottng aye, Mayor Liebl declared the motion carried unanimous7y.
RESOLUTION #157-1973 - TO A�VERTISE FOR BIDS, FRDNT END LOADER:
MOTION by Councilman Breider to adopt Resolution #157-1973 approving advertisement
for bids for a front end loader. Seconded by Councilman Utter. Upon a voice vote,
all voting aye, Mayor Lie61 declared the motion carried unanimous]y.
CLAIMS:
GENERAL 33866 - 34056
LIQUOR 8406 - 8457
MOTION by Councilman Utter to approve payment of aformentioned claims. Seconded by
Councilman Starwalt. Upon a voice vote, all voting aye, Mayor Liebl declared the
motion carried unan�mous7y.
LICENSES:
GENERAL CON7RACTORS
Erco, Incorporated
3231 Central Avenue
Minneapolis, Minn. 55418
Metro Metals Incorporated
4345 Lyndale Avenue North
Mrnneapolis, P�inn. 55412
Miracle Construction Company
2807 63rd Avenue North
Brooklyn Center, Minn. 55429
Swanson Construction
466 83rd Avenue N. E.
Mrnneapolis, P-1inn. 55432
HEATING
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0. R. Erickson
David Frankson
Robert W. Johnson
Dean Swanson
Hoglund Mechanical Contractors Inc.
7420 West Lake Street
Minneapolis, Minnesota 55426 James Parson
Lloyd's Sheet Metal
4911 4th Street N. E.
Colum6ia Heights, Minn. 55421 Lloyd Graczyk
CHRISTMAS TREE
Reinke Brothers
8154 East River Road
Fridley, Minn. 55432
CIGARETTE
Howard Johnson Co.
d6a
Ground Round
5277 Central Avenue N
Fr�dley
E.
Boyd Reinke
Edward Hanson
�..��T 1 .'
C. Be7is7e
C. Belisle
C. Belisle
C. Belisle
W. Sandin
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W. Sandin �
FEE
$25.00 with
$100 deposit
�eputy Fire Chief
Public Safety $24.00
Director
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PUBLIC HEARING MEETING �F DECEMBER 10, 7973
P4UTIPLE DWELLING
OWNER
�ouglas Investments
2505 Silver Lane N. E.
Mpls. Minn. 55421
Mrs. L. A. Torgeson
3673 E. 3rd St,
Tucson, Arizona
Kent E. Welter
57Q4 56th Aven. N.
Mpls., f�linn. 55429
Rustic Oaks Corp.
1200 72nd Avenue N. E.
Mpls., Minn. 55432
KBM Invest. Co.
30D5 Ottawa Ave. S.
Mpls., Minn. 55416
Jaines Parnon
Parlon Co.
1675 Grand Ave.
St. Paul, Minn. 55105
AD�RESS
5980 2nd Street
6061-63-65 3rd St
5370 5th St. N. E
UNITS
4
3
PAGE 14
FEE APPROVED BY
$15.00 R. D. Aldrich
Fire Prev
$15.00 R D. �11drich
Fire Prev.
3 $15.00
1200 72nd Ave. N. E. 42
1619 73rd Ave. N, E. 24
361 74th Aven. N. E. 8
$47.00
$29.00
$15.00
R. D. Fl]drich
Fire Prev
R. D. A1drich
Fire Prev.
R. D. Aldrich
Fire Prev.
R. �. A7drich
Fire Prev.
Gh�rs Jelevarov 160 Mississippi 4 $15.00 R. D. Aldrich
6191 Scorpie Circle Place Fire Prev.
�Apt. 23D
Tampa, Florida
MOTION by Councilman Utter to approve the aforementioned licenses. Seconded by
Councilman Starwalt. Upon a voice vote, all voting aye, Mayor Lieb7 declared the
motion carried unanimously.
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ESTIMATES:
hr, Carl Newquist, City Prosecutor
Hall, Smith, Juster, Feikema & Haskvitz
105D Builders Exchange Building
Minneapol7s, A1innesota 55402
Services rendered as Prosecutor for November
Bury & Carfison, Inc.
6008 Wayzata Boulevard
Minneapolis, Minn. 55416
FINAL ESTIMATE N0. 8 for 5treet Improvement Pro�ects
ST. 1973-1 and ST. 1973-2 (MSAS)
ST. 7973-1 $ 24,508.61
ST. 1973-2 (MSAS) 4,298.03
Comstock & Davis, Inc.
Consulting Engineers
1446 County Road "J"
i�linneapolis, Minnesota 55432
FINAL ESTIMATE N0. 2, for p7anning Water Improvement
Project No. 109-A
$ 1,135,00
24,508,61
4,298 03
195.74
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_�=J _t
FINAL ESTIMATE N0. 2, for plann�ng Water Improvement
Pro,7ect No. 110 596.D0
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Pl1BLIC HEARING MEETING OF DECEM6ER 10, 1973
Comstock & Davis cont7nued;
Partial Estimate ,�8 for Street Impro�,�ement Project
No. 1973-7 d 2 from October 1 through November 2, ]973
Partial Estimate �3 for Water Improvement Project
No. 109-3 from October 1 through November 2, 1973
Partial Estimate #9 for Water Improveinent Pro,7ect
No. 111 from October 1 through November 2, 1973
Partial Estimate #6 for Sanitary Sewer & Water
Improvement Pro�ect No. 112 from October 1 through
Navember 2, 1973
Partia7 Estimate #2 for Street Improvement Pro,7ect
�k1972-1A from Octo6er 1 through November 2, 1973
Mr. Dave 0. Harris
470 Rice Creek Boulevard
Fr9dley, Minnesota 55432
FINAL BILLING - Agreement, August, 1973
PAGE 15
751.12
317,68 '
362,19
142.96
171.89
17,375.00
MOTION by Councilman Utter to approve the estimates. Seconded by Co�,�ncilman Starwalt.
Councilman Nee suggested the estimate for the Harris property be listed as per agreement
wtth the City.
The City Eng�neer said this was for the purchase of the ponding area of 8z acres and
was as stipuiated in the previous agreement wiih Mr. Harris.
UPOfJ A VOICE UOTE, all voting aye, Mayor Liebl declared the motion carried unanimously. ,
RCCEIVING THE STATUS REPORT ON ME7R0 500 TRUCK PARKING VIDLATIONS 5333 UNIVERSITY
0. ENUE NOR7 EAST:
The City Engineer explained that the City had denied a special use permit to the
Metro 500 operation and they were presently rnvolved in court action against the
City.
He continued to explain the trucks being parked in the area are from out of state
and mostly from Maine and the East Coast. He further explained that the service
road i� under the control of the Minnesota Highway Department and is not a Fridley
service road. He said the people operating the business had been talked to and
there is currently only one truck parked in the area at the present time.
(.ouncilman Nee said the parking is spreading to the other iot. The City Engineer
said the owner of this property would have to sign a complaint against the Metro
500 operator for tresspassing. Mayor L�ebl said some one other than the C7ty would
have to complain to make the operator stop the violat�ons.
The City Attorney said he had talked with Mr. Hill, Pu61ic Safety Director, and he
had advised him to pursue the matter if there were any violations. He said there
would be a possibility of postinq the service road for no parking.
Councilman Nee sa�d this had been done on one side. The City Engineer said the City �
would work with the Highway Department to accomplish this posting. The City
Attorney said this would keep the trucks off of the street.
Councilman Nee said it �s getting worse and worse for the area residents. Councilman
Utter said much of th�parking is done on private property. Councilman Nee said they
cannot park within 2D feet of the street and they are parking on the lot lines.
The City Engineer asked who was to be tagged for the violations. The City Attorney
suggested the owner of the property or the leasee of the property should be tagged.
Mayor Liebl thought the owner of the property does not care if tags are issued.
The City Attorney informed the Counc�l that he had not talked with Carl Newquist
City Prosecuting Attorney, ahout the problems:_ The City Attorney said he would
not mind taktng the operator to court if they could find something to take him to
court for.
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PUBLIC HEARING MEETING OF DECEMBER 10, 1973 PAGE 16
Councilman Breider said he felt the operator thought he had the C�ty over a barrel.
The City Attorney said he still cannot violate the parkinq ordinances,
Councilman Nee suggested a motion which would insure the �ssuance of the parking
tags to the owner or the leasee of the property.
� The City Attorney suggested that two steps be taken; one, that the street be posted
for no parking and secondly, that the City Prosecutor be asked to draw up complaints
after talking to the Police �epartment and determining the type of violation that
could be enforced. The City Attorney said a truck driver from New Jersey does not
care about a$2 parking ticket.
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Mayor Liebl asked if there would be some method the City could use to impound the
trucks.
Councilman Utter brought up a point about illegal parking of trucks by the Sears
store. He expl�ined this parking was done by trucks filled with telephone books for
delivery in the area, and as the trucks were empt�ed, they were removed. He questioned
if this was done in one area, if it would be repeated in another area.
Councilman Utter stated there is no definition for the boulevard and what can be or
cannot be done in this portton of the property. He said in many cases, where an
area is posted for no parking, the cars park in the boulevard section right in
front of the signs.
I�OTIDN by Councilman Nee that the City contact the Nighway Department and work with
them for the posting of the street on both side for no parking and also that the
Prosecuting Attorney work with the Public Safeiy Director for a satisfactory method
of issuing complaints for violattons in the area and that if tags or complaints
are issued, they pe issued directly to the owner or leasee of the property. Seconded
by Counc�lman Utter. Upon a voice vote, all voting aye, Mayor L7eb7 declared the
motion carried unanimously.
COMMUNICATIONS:
�il� .7'I�QiI�: �l�l���l�.`f'�W:Vl�ul� : � � Il�[�li�!' , � � : • • :�i[iP1i
MOTION by Councilman Utter to receive the communicat�on from Mr. John Boland, Chairman
of the Metro Council in regard to watving the Policy 31 requirement in respect to the
LAWCON App7ication for the Foundation of the Island of Peace, dated November 30, 1973.
Seconded by Counciman Nee. Upon a voice vote, a11 vot�ng aye, Mayor Liebl declared
the motion carried unanimously.
INNESOTA HIGHWAY DEPARTMENT: CONSTRUC7ION OF SIGNALS AT 73R� AVENUE ON T, I;. #65.
MOTION by Councilman Breider to wholeheartedly direct the Administration to ap�rove the
proposal of the Minnesota Highway Department in their plans for the construction of
signals at 73rd Avenue on T. H. �b5, and that the communication from the Minnesota
Highway �epartment of November 27, 1973 be received. Seconded by Councilman Utter.
Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously.
ATTORNEY GENERAL WARREN SPANNUS, ANTITRUST ACTION MANUFACTURERS OF CAST IRON PIPE:
MOTION by Councilman Breider to receive the communication from Attorney General,
Warren Spannous, regarding the antitrust action manufacturers of cast iron pipe
� dated November 14, 1973, and also receive the check in the amount of $333.86. Seconded
by Councilman Utter. Upon a voice vote, all voting aye, Mayor Liebl declared the
motion carried unanimous7y.
Mayor Liebl said he would like to write the letter of thanks to the Attorney General.
CATV COMMISSION: AfdNUAL REPORT:
�` MOTION by Councilman Starwalt to receive the Annual Report of the CATV Commiss�on.
Seconded by Councilman Utter. Upon a voice vote, all voirng aye, Mayor Liebl declared
the motion carried unanimously.
ANOKA PARK AND RECREATION DIRECTOR: WAIVE BURNING FEE:
i�OTION by Councilman Utter to receive and concur �n the request from the Anoka County
t��;
PUBLIC HEARING MEETING OF DECEMBER 10, 1973
PAGE 17
Park and Recreation D�rector requesting the fee for a burning permit be waived,
dated �ecember 6, 1973. Seconded by Councilman Starwalt. Upon a vo7ce vote,
all voting aye, Mayor Liebl declared the motion carried unanimously.
LETTER FROM MR. BUCKLEY: POSTING ICE:
The City Engineer said the area would be posted with thin ice signs which would �
tndicate the area was not safe for any traffic until the condition �s safe.
He said as soon as it is possible to gain access safely on the ice, the City wou7d
�nstall the red flags which have been requested.
ADJOURNMENT:
MOTION by Councilman Utter to adjourn the meeting, Seconded by Councilman Breider.
Upon a voice vote, all votrng aye, Mayor Lieb7 declared the motion carried una m mously
and the Public Hearing meeting of the Fridi�y Council adjourned at 17:45 p,m.,
December 10, 1973.
Respectfully submttted,
. . C9� T�'4ry,� • +vOG./
Patr7cia Ellis Frank G. Li l, Mayor
Secretary to the City Council
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