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05/06/1974 - 5484PATRICIA RANSTROM COUNCIL SEC�ETARY REGllLAR COUNCTL MEETING MAY 6, i974 3 � ' , , , � , �FhI�LEY CITY CO.Ui�CIL — REGULAR MEETII�dG — MAY 6, 1974 — 7:30 P. M, � � 7:30 , ' PLEI�GE OF ALLEGIAiVCE: Given - � ' I IdVOCFiT I O�J : by Mayor �i ebl � � . , iROLL CALL: A] 1 present. � . . � PRESE(dTAT I Oid OF AWARDS : � � CERTIFICATE OF APPRECIATION —�1MERICAN FIELD SERVICE STUDENTS �IL.L �ALLAIS � �UERGEN GERHAEUSSER �AVIER TARIFA � All three awards presenied. AP�ROVAL OF MIidUTES: � � . t�EGULAR MEET I NG � OF APR I L l, 19%4 � , Adopied as presented. PUBLIC iiEARING OF APRIL S, I9�� . Actopted as presented. . , ■ VISITORS: � (� � l..� /� � �j�i//SL�si A(rvC./ r""..r�.�. L -r✓ Gr-'. L�%.�Y ��,�t-� 1�.4'�Gtr/ �. ^✓'Gk'G-Ll-�r�p ��.e.a /�l.�/Y.TA'6I�l.�rv � ��.�d. c� 7i 't.e.t.c. J� :�.:, ,� , ( CONSIDERATION OF ITEM�S NOT ON AGENDA — 15 MINUTES) P�lr. Otto Tauer, 5866 2ncl Street, request for 8 foot fencing separating his property and adjacent toddler park: � �' � Council approved 8 foot fencing up to two feet past his building. � , � Mr. Chuck Ross' concern about parking violaiians on Old Central adjacen� , to Moore Lake as expressed by Mayor Lieb1. �ldministration directed to' f enforce regu]ations for all� equally. , � , �, � � _ ' � � REGULAR COUNCIL �EETING, MAY 6, 1974 Page 1-A VISITORS �ONTINUED: f�fr, Gary Barker, 5800 3rd Street N. E., request for determination of legality of operating small motor on bicycle without license. City Attorney to determine lieensing procedure from materials supplied by Mr. Barker, To be on agenda May 13, ]974. UW �USIi�ESS: CONSIDERATION OF RESOLUTION RECOMMENDING APPOINTMENTS TO THE METROPOLITAN COUNCIL AND THE METROPOLITAN WASTE �ONTROL �OMMISSTON �TABLED 1-i5-74)� � � � � � . � ]. - l I Reso' � ted, Recommendations are as follows: Mr. Andrew Kohian an Mr. Dean Caldwell, Metropol�tan Council District ,'#13 Mr. Joe Craig, WastcControl Commission Mr. Bruce Nawrocki, Metropolitan Transit Commission. iVEW BUS I iVESS : � �'ECEIVING THE 1WINUTES OF THE PLANNING COMMISSION !'��ETING OF APRIL 1�, 1974� � � . � � � � � . � , � . � � . 2 - 2 Q � 1.. Rezoning request by Berkely Pump: no action necessary. � �. � � I 2. �ezoning request by Nenning Nelson Const. Co.: continued�at Planning Commission level. , � • 3. �equest �or special use permit by Charles Nara, 5180 Buchannan, �oncurred with Planning Commission and approved with recommended stipulations plus the stipulation that some easements be worked out for the northeast corner of the property. � n ! • i�kGU LAi� M�ET I idG, MAY 6, 1974 �� . � ' RECEIVING THE MINUTES OF THE PLANNING COMMISSION MEETING OF APRIL 17, 1974 continued: PAGE 2 4. Anoka (;ounty Library, Fridley Branch, Preliminary Building P7ans: 7aken care of during Buiiding Standards Minutes. . 5. Request for Special Use Permit by Stewart Wright for installatian � of gas pumps and auto service facilities: Council concurred with Planning Commission and approved the request with two stipuiations. j6. Langenfeld Discussion: no action necessary. � � �I � 7.. Tree Ordinance: Received. 8. Conference of innovations �n government: Received. 9. County Roads: Received. 10. Variances and specia7 use permits for Billboards: Received, MINlJTES RECEIVED. KECEIVING THE �'�INUTES OF THE BOARD 0� APPEALS �'�EETING �OF APRIL 2�, 1974� � � � � � � . . . . � � � � �� 3 — 3 R 1. Varainces requested by Mr. Craig Willey for Lot 1, Block 2, Oak Grove Addition: Letter from Mr. Dave Torkildson received, Concurred with recommendation of Board of Appeals and denied a11 variances. 2. Request for variance to reduce distance between b�tween buildings from 50 feet to zero feet to allow for the con�truction of an accessory buildfng by D. W. Harstad Company for 7101 Highway #65: Approved as recommended by Board of Appeals with stipu7ation that measures be taken to maintain the creek and steps be taken to prevent erosion. 3. Variances requested by Mr. Frank Dercz for 4885 3rd Street N, E.: Concurred with goard of Appeals and approved variances.. �� , f�tINUTES RECEIVED. . � � � � I�I r i i J � . �EGULAR i�tETIiVG, MAY 6, 1974 fVE'r! BUSIVESS� (COiJTINUED) PAGE 3 KECEIVING THE MINllTES OF THE BUILDING STANDARDS — 11ESIGN �ONTROL �iEETING OF APRIL 25, 1974� � � � . . � � � 4 ^ 4 �• ]. Request to construct Fridley Branch Library, by Anoka County: Concurred with Subcommittee and approved plans with five stipulations recommended. • 2. Request for additional parking and landscaping by Berkley Pump: additional approval from Planning Com�>>ission required, no action at Counci] level. 3. Req�rest to construct new building at 7840 Ma9n Street by Paca Masonry: Approved request for construction with four stipulations of Subcommittee plus the additionai stipu7ation that some kind of brick be used to spruce up the front of the building. 4. R.�quest to reaffirm parking p7an, landscap plan and addition of a storage � area, by Knights of Columbus, 683] Highway #65: Request approved as recommended by Building Standards Design Control Subcommittee with three stipulations, pius the stipu7ation that funds be escrowed for storm sewer, as has been done in the past 9n this area. � 5. Request to build a new structure for speculative purposes, by Al Zeis at 7410 Central Avenue N. E,: Counci7 approved request wiih stipulations � recommended by Subcommittee and with the understanding that the back � portion of the property wou7d not be split with out approval of the City to enable proper installat�on of utiiity services. � ' r �� 6. Request for construction of a storage building by D. W. Harstad Co. for 7]O1 Highway #65: Concurred with recommended approval by Subcommittee and their two stipulations. 7. �Zequest for moving of a fence and relandscaping by Frank's Nursery, 762Q University Avenue N. E.: Approved with stipulations recommenGad by Subcommittee � � _ 8. Request to to a17ow the addition of a swimming pool by Plywood Minnesota at 540] East River Road: no action necessary. 9. Request to construct a building for crew facilities by Bur7i�ngton Northern: Approved with the stipulation that clean up of the area is necessary plus stipulations recommended by Subcommittee. 0 REGULAR MEETING, MAY 6, 1974 PAGE 3-A L. KECEIVING THE MINUTES OF THE ENVIRONMENTAL QUALITY �OMMISSION MEETING OF APRIL 9, 1974� ..�.��5 � S H Minutes received with direction to administration to study by7aws for the period of one month that the City Attorney a7so review the bylaws and that comparison be made so tha� �he by7aws do not conflict with State Environmental requirements. � � � � . � � � I � REGU LAt� MEET I�VG, MAY 6, 1974 �V�W BUS I iVESS� (CO�VT I PJUED ) I�ECEIVING THE I�ESPONSE TO THE PROPOSED ALTERNATE TREE PRESERVATION ORDINANCE ADOPTED BY THE PLANNING COMMISSION FROM THE COMMITTEE OF INITIATIVE PETITION SPONSORS AND DISCUSSTON REGARDING CITY'S COURSE OF ACT I ON ON TH I S I SSUE . � � � � � � � � � � . � � � � PAGE 4 ,,, 6--60 Matter of golf cnurse ve�sus nature center for North Park site to be put to voters at a referendum in the fall to al]ow the peop7e to decide. This is to be an advisory refendum, but should be binding on the Counci]. First reading of ordinance submitted by originating Committee (without modifications adopted as submitted by petitioners, Vote four to one, Starwalt opposing. RECEIVING STATUS REPORT ON ENVIRONMENTAL QUALITY NSSESSMENT STATEMENT � � � . � � . � � . � . � . � � � . . Report received. � �ONSIDERATION OF A REPORT REGARDING THE FEASIBILITY OF COOPERATION WI.TH ANOKA COUNTY IN ESTABLISNMENT OF A ��JATURE INTERPRETIVE PROGRAM AND CONSIDERATION OF APPOINT� MENT OF A I�ATURALIST. . . . . , � . � . � � � � . � � � . g "' � � Report regarding feasibility of cooperation�with Anoka County received. Dr. Dan Huff appointed as Naturaiist Resource Coordinator to be on a consultant basis until July 7, 7974 and fu11 time after this date. . . I � � : _ � � - • � � � � � i � REGU LAK f�IEET I►VG, MAY 6, 1974 f�EW BUSIiJESS�(CONTINUED) PAGE 5 RECEIVING THE MINUTES OF THE PARKS AND RECREATION �OMMISSION MEETING OF APRIL 22, 1974� � � � � � � � � . , g - g � Minutes received, . F�ECEIVING A REPORT ALONG WITH THE COMPREHENSIVE PARKS Af�D RECREATION PLAN RECOMMENDED BY THE PARKS �AND RECREAT I ON �OMM I SS I ON � � � . � � . � � . � � � � � � � 1� - 10 A �I�OTE: THE PLAN IS IN YOUR.AGENDA FOLDER) Comprehensive Park and Recreation Plan received. Council to review Plan for approximately a mon.th before taking action. CONSIDERATIQN -0F APPROVAL OF PURCHASE OF SWANSON PROPERTY FOR RUTH CIRCLE PARK � � � . . � � � � . � � � . 11 - 11 D Administration authorized to purchase Swanson Property for Ruth Circle Park with payment of $4,296.26 at the present time and ihe remainder of the payment to be made next year in the amount of $2,403.74, The property �owner to pay the taxes due and payable in 1974. � CONSIDERATION OF A PRELIMINARY REPORT REGARDIf�G THE SECOND STAGE OF THE SIDEWALK IMPROVEMENT PROGRAM ' CONCEPT. � � � � � � � � � � � � . � � � � � � � � � � � ., 12 -- 12 B Received. To be brought for consideration in future. 0 FtEGULAR NiEETI�'�G, MAY 6, 1974 ��FW BIJSIVESS�"(COiJTINUED) _ _ PAGE 6 CONSIDERATION OF A PROPOSAL FOR CONSTRUCTION OF A �OWER FOR ANTENNA PURPOSES TO BE LOCATED AT THE 53RD AVENUE AND �OHNSON l�Z MILLION GALLON RESERVOIR, BY I°�IDWESTERN R� LAY COMPANY FOR GENERAL TELEVISION, INC� ., 13 � 1� N �.,�� Petiti� from property owners opposing instaliaiion of tower at 53rd Avenue and Johnson 12 Million Gallon Reser�oir received. Letter from Robert Oulicky, 5332 Matterhorn arive (1962) received. Administration directed to answer the questions raised by the petitioners and return with alternative proposa7s and answers at the third Monday in May (May 20) for further Counci] consideration. CONSIDERATION OF ��NO PARKING�� SIGNS ON SATELLITE �ANE AND RECEIVING PETITION #6-1974 IN �PPOSITION TO BANNING OF AUTO PARKING ON SATELLITE LANE� ��.�, 14 �- 14 C Ci�OTE: BACKGROUND DATA IS IN YOUR AGENDA FOLDER) Pet�tion #6-1974 received. Adm�n9strat�on directed to send 7etter to apartment property owner, Mr. Edstrom, informing him of the City action and also update him on the original stipulations concerning the parking of the tenants. Request property owner to meet with Engineering Department for satisfactory so7ution to parking problems for tenants. "fdo parking" signs to remain on both sides of the street for the present time. RECEIVING �IDS AND AWARDI�IG CONTRACT FOR STREET ' IMPROVEMENT PROJECT ST, 1974-4 (MississiPPi $TREET IMPROVEMENT)�BIDS OPENED MAY Z, 1974, 11:30 A,M,), ,,,, 15 - 15 A Bids received and Contract awarded to H. & S. Asphalt subject to �the approval of the Anoka County Engineer in the amount of $99,009.88, 0 �1 � uEGULAR l�lEtTIi�G, i�AY 6, 1974 �dtW �USIIVES� (CO�JTINUED) PAGE 7 � KECEIVING BIDS AND AWARDING CONTRACT ON PLAY�ROUND tQUIPMENT �BIDS OPENED APRI�. 2S, 1974, 11:�� A��)� �� 16 -: 16 A � Bids received and Contract awarded to Game Inc., in the amount of � $7,638.00. � I� I � � � , �t�ECEIVING READVERTISED BIDS FOR LIQUOR STORE FIXTURES AND EQUIPMENT �OPENED MAY Z, 1974, 11:0� A,M,), ,,,,, 17 — 17 D First� ari�i Second bids rejected and Administration directed to negotiate with interested parties for satisfactory sale of equipment. Finance Director negotiated sale of a71 equipment to Terry C7aggert & David Carlson in the amount of $6,400. � NUTHORIZING THE f�IAYOR ANp CITY MANAGER TO SIGN THE LEASE FOR THE HOLLY LIQUOR STORE� � � � . . � � . , � . . 18 — 18 I Mayor and City Manager au�thorized to sign and execute ]ease. � I,ONSIDERATION OF ADDITIONAL COST FOR L'OTS IN SPRING - VALLEY ADDITION. � � . � � , . , � � � , , , , � � , � , , 19 — 19 C Aministration authorized to pay the additional cost for lots in Spring Valley Addition. 0 0 REGULAR ��lEETING, MAY 6, 1974 PAGE 8 iv�vJ BUSIidESS (COIdTINUEll) 'F�EVIEW OF STATUS OF APPROVING VARIANCES FOR A f�ESIDENCE ON �OTS 33 aND 34, BLOCK A, RIVERVIEW HE I GHTS � � � , � � � � � � � � � � � �. , , , ,. � � � � � � 20 ' ZO F Tabled until May 13th meeting of the Council. P LONSIDERATION OF OFFER MADE BY THE INSURANCE COMPANY OF SUBURBAN ENGINEERING — PROJECT #IO3� � � , , � , , , � 21 — 21 D Offer made by the Insurance Company rejected and City Manager authorized to make a counter o�'fer for payment of $5,000 for sett7ement. CONSIDERATION OF REFERENDUM TO ALLOW CITY TO ISSUE ��OR£ ON—SALE LIQUOR LICENSES� � e � � � � . � , , , , � ,� 22 — 22 C Referendum approved to allow City to issue More On-sale Liquor Licenses. To be placed on Genera] Election bai7ot. � � . . :, 1 . .:.,. � . ........ . . _... . . _ . . . .. . .�� '-r . REGU LAR MEET I iJG, �IAY 6, 1974 PAGE 9 idEW BUS I idES�... (C01'VT I IVUEi�) CONSIDERATION OF A RESOLUTION ORDERING IMPROVMENT, APPROVAL OF PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENTS FOR BIDS; STREET IMPROVEMENT PROJECT ST, 1974—Ifl �$EALCOATING)� � � � � � � � � � � � �23 �- 23 A esoiution #5b-1974 adopted. (.ONSIDERATION OF A RESOLUTION ORDERING IMPROVEMENT, NPPROVAL OF PLANS AND SPECIFICATIONS AND ORDERING HDVERTISEMENT FOR BIDS: WATER, SANITARY SEWER AND STORM SEWER IMPROVEMENT PROJECT #115� � � � � � � � . � � 24 - 24 A ,.;: �; Resolution #57�7974 adopted. � �ONSID�RATION OF A RESOLUTION AUTHORIZING THE ACQUISI— , TION OF FjDDITIONAL EASEMENTS AND .RIGHTS OF WAY FOR V�ATER, SEWER AND STREET IMPROVEMENT PURPOSES UNDER STREET IMPROVEMENT PROJECT ST, 1974-1 aNn ST, 1974-2� .� Resolution #52� . _,,.,--- � � 25 �J KEGULAR MEETIiJG, M�Y 6, 1974 PAGE 10 WEW BUSIf�ESS (CONTINUED) k. . CONSTDERATION OF A RESOLUTION ADVERTISING FOR �IDS FOR CNAIN LINK FENCE — COMMONS PARK � � � � . . , , Motion to adopt Resolut9on failed three to iw�. Counciiman Utter, Councilman N�e and Councilman Starwalt voi.ing nay. Concern was tha� park area has ioo much fencing at the present time. �LAIMS, � � � . , � �� , . . � � � � .� � � , � � � . � � Approved. CONSIDERATION OF MICHAEL SERVETUS UNITARIAN SOCIETY I�EQUEST TO HOLD ANNUAL AUCTION AND FOR WAIVER OF FEE� �, Request approved and fees waived. 26 - 26 A 27 � LICENSES� � � � . � � . � � � � � . � � _� . � � � . � . � Z9 — Z9 C Approved, 6 .�tGULr�� (�iEETI;dG, MAY 6, 1974 PAGE 11 ,1E►� �USIIJES� CCO��TI�dUED) � CONSIDERATION OF REQUEST FOR TRAILER PERMIT BY Loca� 6�3 U , A . W , (Ar FMC ) , , , , , , , , , , , , , , , , 30 — 30 A Trailer Permit approved. . CONSIDERATION OF REQUEST FOR TRAILER PERMIT BY tiURLI NGTON i�ORTHEF�N TRANSPORT, INC � � � � . � . , . � � � Trailer Permit approved. 31 CONSIDERATION OF SAC LAWSUIT CHARGES AND PARTICI— PAT I ON I N APPEAL � � . � . , . � . . . � . . � � � . � � 32 - 32 E Gounc�] concurred wi�h recommendation of City Attorney and approved appeal with the top cost of the appeal set at $7,004. . . �STIMATES, , , , , , , , , , , , , , , , , , , , , , , , 33 �- 33 I Approved. ' 0 HPPOINTMENTS: POLICE vEPT. � � . . . . � � � . . � . � � 34 �- 34 A Thomas Kennedy and Kenneth Wilkinson appointed as Police Sergeants. REGULAR �EETIiVG, �AY 6, 1974 CUi�MlJN I CATI9►r'S : PAG E l2 SPRINGBROOK I`�IATURE CENTER FOUNDATION: REQUEST FOR SIGNING AND FENCING OF NORTH PARK� � � � , , , , , � , , Letter received and Police Department directed to vigorously enforce the Taw and do everything possib7e to stop the dumping in the area. LEAGUE OF WOMEN VOTERS: THANK YOU FOR ATTENDING LEAGUE � S CONFERENCE � . � , , , . , � � , , � � � � � �. � Received. 35 36 UTHER I Ttl�S ; t�ECEIVING THE SETTLEMENT PROPOSAL REGARDING METRO � 50�, 7 NC , VS � C I TY O F FR I DLEY , . , , . , , � , , � � � . 3] - 37 A Council received and concurred. . �)� � 2:32 A,M. � � __ __ __-- ____ ___. (."_- I '7i F , � � � _ _ . . ------ _ _ _ , THE MINUTES OF THE REGULAR MEETING OF TNE CITY COUNCIL OF MAY 6, 1974 The regular meeting of the Fridley City Council of May 6, 1974 was called to order at 7:3Q P.M. by Mayor Lieb1. PLEDGE OF ALLEGIANCE: Mayor Liebl led the Council and the audience in saying the Pledge of Allegiance to the flag. IIVVOCATION: The Invocation was offered by Mayor Liebl. ROLL CALL: � MEMBERS FRESENT: Councilman 8reider, Councilman Starwalt, Mayor Liebl, Counci]man Utter and Councilman Nee MEMBERS ABSENT: None PRESENTA7ION Of AWARDS: CERTIFICATES OF APPRECIATION - AMERICAN FIELD SERVICE STUDENTS JILL JALLAIS JUERGEN GERNAEUSSER JAVIER TARIFA Mayor Liebl called the American Field 5ervice Students forward to receive their awards. Mayor Liebl read the three Certificates of Appreciation aloud and presented ' them to the students. Ne also presented each of the students with a Key to the City of fridley to be presented to each of their respective Mayor's upon returning to their homes. � APPKUVAL OF MIfYUTES: � REGULAR MEETING OF APRIL 1, 1974: � MOTION by Councilman Utter to adopt the minutes of the Regular Meeting of the Fridley City Council as presented if no other member of the Council had any additions or carrections. Seconded by Councilman Starwalt. Upon a voice vote, all voting aye, Mayor• Liebl declared the motion carried unanimously. � ' PUBLIC HERRING MEE7ING OF APRIL 8, 1974: MOTION by Councilman Starwalt to adopt the minutes of the Public Hearing Meeting of April 8, 1974 as presented if there are no additions or corrections. Seconded by Councilman Nee. Upon a voice vote, ail voting aye, Mayor Lieb1 declared the motion carried unanimous7y. VISITORS: ' BURLIN6TON NORTHERN TRUCK TRAFfIC ON 49th AVENUE: EXPRESSED BY MAYOR LIEBL: Mayor Liebl said he had received three calls concerning the constant truck traffic on 49th Avenue. He said he beiieved some of the traffic could be directed to the '� other available routes in the area. Mayor Liebi suggested the administration send a letter to Burlington Northern requesting that the traffic be shifted around so there would be a relief from the constant traffic and no�se for the people on 49th. ' MOTION hy Councilman Nee to request in writing that Burlington Northern direct some of the truck traffic to the other available routes in the area and not use 49th exclusively. Seconded by Councilman Utter. Upon a voice vote, all voting aye, Mayor Liebi declared the motion carried unanimously. � � m A � � f 1� REGULAR COUNCIL MEETIN6 OF MAY 6, 1974 PAGE 2 MR. OTTO TAUER, 5866 2ND STREET N.E., REQUEST FOR EIGHT FOOT f,ENCING ABUTTING PARK: Mayor Liebl said this request was on 2nd Street N. E., and the request had been before the Council on two other occasions. Ne further explained Mr. Tauer had taken the City to court concerning the City's reluctance to install the eight foot fence and rather planned to install a four foot fence. Mayor Liebl said he had visited the area and he believed there was a definite problem and in his opinion this had been created by the City installing the toddler park adjacent to the Tauer property. Mr. Otto Tauer- addressed the Council and said he would like the eight foot fencing installed from the alley. to the front of the apartment building which would be about 90 feet. Mr. Tauer said he would also like the City to install a night light and also a better garbage can in the park. He said with the can presently being used, the wind blows the papers all over the neighborfiood. MOTION by Councilman Nee to construct an eight foot fence according to the plan which had been submitted to the Cduncil in their agenda at the time of the previous consideration of the item wi±h the City paying the additional expenses for this eight foot fence. Seconded by Councilman Utter. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. . PARKING ON OLD CENTRAL IN AREA OF MOORE LAKE PARK AND BEACH: Mayor Liebl asked if Mr. Chuck Ross was present at the meeting. There was no response. He said the concern expressed by Mr. Ross is a parking problem in the area of Moore Lake where the area residents had petitioned many years ago for no parking signs. MR.GARY BARKER, 5800 3RD STREET N.E.: REQUEST fOR REVIEW OF MATERIAL ON MOTOR BIKE: Mr. Barker addressed the Council and said he was in the process of trying to determine if the product he is marketing must have a license to be operated. He explained his equipment to be a small engine which would sit on a regular bicycle. Mayor Liebl said this is a legal problem and he would forward the material to the administration for their review. • RESOLUTION N0. 49-1975, RECOMMENDING APPOINTMENTS TO TNE METROPOLITAN COUNCIL AND THE METROPOLITAN WASTE CONTROL COMMISSION TABLED JANUARY 15, ]974 : Mayor Liebl recommended Mr. Andrew Kohlan be recommended for appointment in Qistrict #13. Counci7man Nee said he would like to recommend Mr. Dean Caldwell. MOTION by Councilman Nee to adopt Resolution #49-1974 and recommend Mr. Andrew Kohlan and.Mr. Dean Caldwell for appointment i� District #13; recommend Mr. Joe Craig for � appointment to the Waste Control Commission; and Mr. Bruce Nawkocki for reappointment to the htetropolitan Transit Co�imission. Seconded try Councilman Starwalt. Upon a voice vote, all voting aye, Mayor Liebl declared the. motion carried unanimously. RECEIVING THE MINUTES OF 7HE PLANNING COMP4ISSTON MEETING OF APRIL 17, 1974: ; I i f i i l__..----. REZONItVG REQUEST, ZOA #,74-02, BERKELEY PUMP COMPANY: BLOCK 13, SPRING BROOK PFlRK ADDITION, FROM R-1 SIPJG LY STREES N.E.: l AND Mayor Liebl said there was no action necessary at this time on this item. NG REQUEST, ZQA #74-01, HENNING NELSON CONSTRUCTIUN COMPANY: VER ROAU: Mayor Liebl said this had been continued at the Planning Commission level and there was no action necessary by the Council at the present time. . � ' ' ' • ' ' ' ' 1 ' :� i ;� r � s ';� t � z i , f � # ' � � � i , i � � i'�' P � 17� � I • . i '� � ' � RE6ULAR COUNCIL MEETING OF MAY 6, 1974 REQUEST fOR A SPECIAL USE PERMIT, SP. #74-04, BY CHARLES M.NARA: FkIDLEY CITY COUE, SECTION 205.051, 1, A, TO ALLOW CONSTRUCTION PAGE 3 �t�vivu Hl.I,tJJUKY �ui�uilVG UN UU110T B, PART OF LOT 29 AND ALL OF LOT 30, BLUCK 1, MARIOIV HILLS ADDITION, TNE S{1ME BEING 5180 BUCHANAN STREET N E• The City Manager said the only problem in the request is that there is a need for some easements on the Northeast corner of the property. He said the staff would work with the gentleman for satisfactory solution to the problem. MOTION by Councilman tJee to concur with the Planning Commission recommendation and approve the request for a special use permit as requested by Mr. Charles M. Nara to allow the construction of a second accessory building at 5180 Buchanan Street N. E. with the stipulation that the applicant and the City staff work out some satisfactory solution for the easements in the northeast corner of the property. Seconded by Councilman Utter. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. PRESENTATION OF PRELIMINARY PLANS FOR THE FRIDLEY BRANCH LIBRARY: TO BE LOCATED AT THE CORNER OF 5TH STREET AND MISSISSIPPI STREET N.E., THE SAME � BEING 410 MISSISSIPPI STREET N.E. The City Manager said this item could be taken care of in the Building Standards Design Control section of the Council Agenda. REQUEST FOR A SPECIAL USE.PERMIT, SP.#74-05, STEWART C. WRIGHT, JR: TO ALLOW A GAS PUMP FOR HIGH PERFORI�IANCE ENGINES, PER FRIDLEY CITY CODE, SECTION 205.131, 3, A, ON LOTS 3, 4, AND 5, BLOCK 3, REE'S ADDITION, AND TO ALLOW E The City Manager said the property should be kept free of any disposable material and if this material is stored outside it would have to be screened. He said there should�be no outside storage of property. He explained this to be on the site just north of City Hall. Councilman Breider asked which location the business would be conducted under. The Assistant Engineer said this would be under the Champion Auto Store. The City Manager voiced concern because of the work being done an high powered engines at the location and asked if the noise could be kept down. He said he would not want this business to disturb the other businesses in the area. MOTION by Councilman Breider to concur with the recommendations of the Planning Commission and grant approval of the Special Use permit with the two stipula- tions recommended. Seconded by Councilman Utter. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. UISCUSSION WITH CHAIRfdAN OF ENVIRONMENTAL QUALITY COMMISSION• Mayor Liebl.said this discussion should be received by the Council. TR�E ORDIfVAI�CE: This information was received by the Council. SEC�i�JD AIViVUAL CONFERENCE OF INNOVATIONS IN GOVERNMENT: This item was received by the City Council. COUNTY RUADS: This item was received by the City Council. VARIANCES AND SPECIAI USE PERMITS�FOR $ILLBOARDS: The material in this discussion was received. ' MOTION by Councilman Breider to receive the minutes of the Planning Commission Meeting of April 17, 1974. Seconded by Counciliran Utter. Upon a voice vote, all voting aye, Mayor Liebl declar•ed the motion carried unanimous.ly. _ __ __._ _ _ ___ _. __ _ __._ __ _ _. __ _ .__ _. i � i � � � � ; ;• ; � i'� 'l REGULAR COUNCIL MEETING OF MAY 6, 1974 RECEIVING THE MINUTES OF THE BOARD OF APPEALS MEETING OF APRIL 23, 1974: A REQUEST FOR VARIANCES OF: SECT S PAG E 4 053, 16, FRIDLEY CITY CODE, TO The City Manager pointed out that there had been a petition received from property owners of the adjoin.ing property, and they had requested the variances be denied. MOTION by Councilman Utter to receive Petition #5-1974 from the property owners in opposition to a variance for Lot 1, Block 2, Oak Grove Addition to Fridley Park (6694 Fridley Street N. E.). Seconded by Councilman Breider. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried. Mayor I:iebl said he, Councilman Starwalt and Councilman Utter had visited the property in question the past Saturday. He recalled the Council had taken action on the request to vacate the street easement the past year and this action failed because the Council would have needed a four/fifths vote for vacation of the street easement and the Council vote three to two in favor of the vacation, which was not sufficient for vacation of the street easement. Mayor Liebl continued stating all the Council members realized there would not be a street built on this easement because of the steepness pf the terrain in the area. Mayor Liebl asked the members of the Council if any of them had changed their ' mind about the development of this property. Councilman Nee indicated he had not changed his mind and would want the property to remain as public access to the park area. Councilman Breider said he had not changed his mind either. ' Mayor Liebl pointed out that the applicant had requested five variances and the ; Board of Appeals had recommended denial of all of the variance requests. • Mayor Leibl said the granting of the variances would be inconsistant with the development of all of the other areas in the City of Fridley, and this would , create one of the smallest lots in Fridley. Ne indicated the square footage of the lot would be approximately 5,200 square feet. He said if the Council ; were able to vacate the street .easement, this would create a larger or good i size lot. Ne commented if the Council granted the variances, this would be overruling the Board of Appeal's recommendation for ihis property. Mayor i Liebl read the motion concerning this item aloud to the Council and audience. I Mayar Liebl asked if Mr. Willey or Mr. Menkveld were present'to present informa- tion to the Council. Mr. Craig Willey, 3816 Polk Street N. E., addressed the Council and said �°> would make the same presentation to the Council as he had made to the Bo�: of Appeals and this information was available to the Council in their age-, , Mr. Willey continued to explain he had made the request for the vacatiori i„ the easement which would have created a large enough building site, but• this had been denied, so now in an attempt to work on all avenues of this plan, he was requesting the listed variances. Mr. Willey further explained that he had changed the plan of the house for the lot to enable the house to fit into the neighborhood better. $ � REGULAR COUNCIL MEETIN6 OF MAY 6, 1974 ' � 1 � ' � ' � � � !—; � PAGE 5 Mr. Willey said at the time the vacation was requested previously, he had requested that the full 30 feet be vacated. He added he would be willing to dedicate a portion of the easement on the top of the slop for access to the park area below. He said he would also dedicate the portian of the property which extends over the slop and down the embankment, if the City wished this area for the purposes of access. He said this would allow or a 60 foot lot which would conform to the building code, and this would eliminate the need for the requests of the many variances; and the problems would be solved. Mr. Willey said his first plan for the construction of the home was for a two story home with a mansard roof which would make the structure look like a one story home. idow, his plans were changed and he planned to build a one and a half story home with a split entrance. He said this would be more in line with the other buildings in the area. Mr. Willey said he planned a substantial investment in the home and it would be equal to or a greater investment than the remainder of the properties. Mayor.Liebl read the listing of the five requests for variances aloud to the Council and said it would be practically impossible for the Council to grant this many variances. He also read the letter sent to the City by Mr. David Torkildson, Parks and Recreation Director, Anoka, concerning the variance requests. He indicated the County had no objection to the granting of the requests as this property would not be needed for park development in this area. MOTION by Councilman Utter to receive the letter from Mr. David Torkildson, Director of Parks and Recreation, Anoka County, Minnesota dated April 15, 1974. Seconded by Councilman Starwalt. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. h10TI0IV by Councilman Starwalt that the City Council concur with the recommenda- tion of the Board of Appeals and deny the five requests for the variances made by Mr. Craig Willey to build a residential home on a 40 foot lot, for the same reasons that this request was recommended for denial by the Board of Appeals (because of the opposition from the neighbors, the lot size, and the number of variances asked for). Seconded by Councilman Nee. Upon a roll call vote, Mayor Liebl voting aye, Councilman Utter voting aye, Councilman Nee voting aye, Councilman Breider voting aye, and Councilman Starwalt voting aye, Mayor Liebl declared the motion carried unanimously, and the request for the five variances for Lot l, Block 2, Oak Grove Addition to Fridley Park denied. The City Manager asked if there shouTd be an exp]anation of why this had been denied. Mayor Lieb] said the records of the Board of Appeals meeting speak for themselves. Councilman Breider asked what the standard lot size is in this area.. The City The City Manager said the minimum lot size is 60 feet. Councilman Breider asked if the average lot size is about 80 feet and the City Manager said yes, they run from 60 to 80 feet. Councilman Breider said approval of these variances would set a strong precider�t. The City Manager agreed saying this would be one of the smallest lots in the City. ' ' Mayor Liebl asked the adjoining property owner, Mr. Dennis Drevniak, 6684 Fridley Street, what his front footage was. Mr. Drevniak said his is 80 feet. � � ' ' I � The City Manager said this property was on the east side of T.H. #65. MOTION by Councilman Starwalt to concur with the recommendation of the Board Qf Appeals and approve the request for a variance to enabie the construction i . � 1' REGULAR COUNCIL MEETING OF MAY 6, 1974 PAGE 6 of a second accessory building as requested by D. W. Harstad Company Incorporated for 7101 Highvtay #65, as there are no problems concerning this construction and it would enhance the neighborhood. Seconded by Councilman Utter. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. The City Manager pointed out that this property abuts the Creek and he would recorrrnend the Council stipulate that the Creek area be maintained and some measure be taken to prevent erosion of the creek banks. Mr.. Dick Johnson, D. W. Harstad Company, addressed the Council and said they had been in contact with the Rice Creek Watershed District and had not received any response from them at the present time. A REQUEST FOR VARIANCES OF THE FRIDLEY CITY CODE AS FOLLOWS E � UIV H I,UKNtK LUI FKONI 17.5 3, TO IfdCREASE THE LOT COV D, SECTION 205.053, 4B, TO 8 FEET, AND, SECTION `L05.0 ING AREAS FROM 20 FEET TO 1 A DIaELLING AND A DETF,CHED G. T OF LOT 29, AND LOi 30, BL 85-3rd STREET N.E., FRTDLEY , 4875-3RD STREET N.E., FRI CTION GONA A, TO 3.12 25 SIDE TO L TO E t40UTH A. ESOTA): The City Manager said there had been some variances granted about a year ago, but this request does ask for additional variances and the original requests which had been approved are no longer valid because a year has lapsed. He explained this is a substandard lot and some of the reasoning which had been applied to the first request should be reviewed in this request. Mayor Liebl stated that all of the lots in this area are 40 foot lots. He asked if Mr. Dircz was present at the meeting. Mr. Dircz stated the only additional variance request was to add two feet to the construction which would involve the back yard set back. Mayor Liebl asked if this lot would be 6,000 square feet. Councilman Breider asked what the frontage of the lot would be. The City Manager said all of the lots in this area are 40 foot lots, but most of the residents have built on two of the forty foot lots. The City Manager said the new property line would be five feet from his house. Mayor Liebl said there had not been any objections from the neighborhood. MOTION by Councilman Nee to concur with the recommendation of the Board of Appeals and approve the variance requests made by Mr. Frank Dircz to allow the construction of a single family dwelling and a detached garage at 4885- 3rd Street N. E. Seconded by Councilman Starwalt. Mayor Liebl said it should be a matter of record that the Council had concurred in these requests because there was no opposition to the requests, the requests had been approved before and the property owner had maintained the property for some time: UPON A VOICE VOTE, all voting aye, Mayor Liebl declared the motion carried unanimously. MOTION by Councilman Qreider to receive the minutos of the Board of Appeals Meeting of April 23, 1974. 5econded by Councilman Utter. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried. . RECEIVING THE MINUTES OF THE BUILDING STANDARDS DESIGN CONTROL SUDCOMMITTEE FIEETING OF APRIL 25, 1974: CONSIDERATION OF A REQUEST TO CONSTRUC7 A NEW QUILDING FOR THE PURPOSES OF A LI6RARY: LOCATED ON THE NORTH4JEST CORNER OF THE FORMER RIEDEL PROPERTY, i ; • j ---- _ �___J i � ` ; � � �. , 1°' V , REGULAR COUNCIL MEETIN6 OF MAY 6, 1974 A PIECE OF LAND 335 FEET x 181 F YING ON THE CORNER Of MISSISSIPPI ___ __ _ _ _ — t � � � PAGE 7 � BY The Asisstant Engineer pointed out the various features of the proposed " library from the elevation drawinas on the easel. He said the entrances would be from 5trh Street and Mississippi Street and the main building entrance would be in the back section of the building. He said the struc- ture would be a one-story slab construction. Mr. Jerry Young, Director of the County Library, addressed the Council and presented the Council with a model of the proposed structure. He indicated, the building exterior was planned to be stucco. Mr. Young introduced Mr. Flynn, Architect for the library. Mr. Flynn said his partner had talked to the people at Wall Corporation and had also compared plans and he was told that the two constructions would be compatable. He • stressed the proposed building was a good quality building and very flexible and.accomodate the proposed programs of the County Library system. ' Mayor Liebl read the stipulations recommended by the Building Standards Design Control Subcommittee aloud and asked if there would be any problem in working out the stipulations with the people from the library. The City Manager said the City and County had been working together on the plans and there were no problems in settling the stipulations. He mentioned the possibility of cooperation with the County with the sharing of parking facilities at City Hall and'the Library facility when needed. Mayor Liebl explained at times when court is in session at City Hall, there is often a sho�°tage of parking at the City Hall parking lot. Mr. Young said there would be no problem working out cooperation of the parking facilities, this would be best for all concerned. Mayor Liebl said the City had received the cooperation of Lhe County Commission and he would like to publicly thank the Council Commission for this cooperation. MOTION by Councilman Utter to concur with the recommendation of the Building Standards Design Control Subcommittee and approve the preliminary plans for the construction of the Anoka County Library, Fridley Branch, with the five stipulations recommended by the Subcommittee. Seconded by Councilman Starwalt. Upon a voice vote, all voting aye,- Mayor Liebl declared the motion carried uanimously. CONSIDERATION OF A REQUEST FOR ADDITIONAL PARKIfvG AND LANDSCAPING: LOCATED ON INNESOTA. Y PUMP, 18 The City Manager said this item needed some specific action by the Planning Commission and would be brought back for Council consideration. CONSIDERATION OF A REQUEST TO CONSTRUCT A NEW BUILDING FOR SPECULA�iIVE PURPOSES: LOCATED ON LOTS 8,9,10, AND 11, BLOCK 1, ONAWAY ADUITION; THE SAME 1) 1�J\LJV 1l1. 1\Ll(VLJI UI rf\liV 1�1t�JVICRi � 5920 KIRKbJ00D LANE, MINNEAPOLIS, MINfJESOTA : Councilman Breider. asked if a plan for the building could be placed.on the easel. The Assistant Engineer pointed out the elevations on a plan on the easel. Councilman Breider said he thought this plan for the building to be quite drab in comparison to the previous constructions by Paco Masonry. He said there was no brick on the front of the building, and he questioned if there was some specific reason for this. A representative of Paco Masonry addressed the Council and said he did not think there would be any specific problem �n the addition to the brick on the front of • the building. i �� ''s ' i REGULAR COUNCIL MEETING OF MAY 6, 1974 PAGE 8 181 P10TION by Councilman Breider to concur with the recor�nendation of the Building Standards-Design Control Subcommittee and approve the request with the four stipulations suggested by the Subcommittee and also with an additional stipulation that somethi�g be worked out to spf°uce up the front of the building with brick on the Main Street side. Seconded by Councilman Nee. Upon a vo�ice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. IDERATION OF A REQUEST TO REAFFIRM THE LANDSCAPING PLAN. PARKI Mayor Liebl read the three recommended stipulations aloud to the Council and audience. The City Manager said in the area where there•will be future expansion, the concrete temporary bumpers t�dill be provided. Ne said the permanent bumpers would be added after the future�expansion. He saitl there is a need for additional parking. P1ayor Liebl said this is in a low area. He questioned if a drainage p7an had been worked out. The City Manager said there had been a drainage plan worked out, but this had been turned down by the majority of the people east of the Knights of Columbus facility. He said it is in ±he area where the water stands. He fur.ther explained.that the knights of Columbus had escrowed money for the drainage problem when they had expanded in the past. He said this wou7d be very close to the lcw area and he suggested that the Knights of Columbus be required to escrow money for the storm sewer and storm drainage as has been done in the past, P+IOTION by Councilman Starwalt to approve the plans for construction as recommended by the Quilding Standards-Design Control Subcommittee with the four stipu7ations suggested by the Subcommiitee and with the additional stipu7ation that the Knighis of Columbus escrow funds for future storm sewer drainage as has been done in the past: Seconded by Councilrnan Utter. Upon a voice vote, zll voting aye, Mayor Liebl declared the motion carried unanimously. DERATION OF A REQUEST TO CONSTRUCT A NEW BUILDIPlG FOR SPECULATIVE PURPOSES: A. hiayor Liebl asked if Mr. Zeis was present. He read the stipu7ations aloud to Mr.•Zeis, the Council and the audience. The City Manager pointed out that there is some corrcern about the future development behind the property proposed for development at the present time. 'I'he Assistant Engineer pointed out the area which was to be developed on the map on the screen. He stated the problem to be that of access to the area behind the proposed develop;��ent area. The City Manager asked how the utilities would be provided to this area if there is future development. Mr. Zeis asked if there would be a requirement for screening of the north area. Councilman Utter said there is a light snow fencing provided for screening at the present time. t�ir, Zeis asked what type of screening would be required. The City Manager° said this would �be the iron fencing with strips at the present time and the additional planting of vines because the strips eventual7y fall out of the fencing and the vines t��ould be more permanent. Mr. Zeis asked how far the screening would haveto be installed. The City Manager said this would be for the portion of the property being developed or as shown in the ]igf�t green area on the map on the screen. A representative of the Company, Mr. Gustafson, said this area would be developed if the business expan�ls to the point where the additianal space aaould be reyuired, but there are no current plans for any building in this arsa at the present time. Mr. Gustafson further explained they were using the front area for the building because he wanted Old Centrai for the frontage of the business. D1ayor Liebl asked if the applicant was willing to live up to the obligations. The City Manager said yes, he is Wlling to work out the access and utilities. � � , � � REGULAR COUNCIL MEETING OF MAY 6, ]974 PA6E 9 l82 ��tOTION by �ouncilman Starwalt to concur with the reconmendation of the Building Standards-Design Control Subcommittee ar�d approve the request for the construction as requested by A1 Zeis for 7410 Central Avenue with the three stipulations suggested by the Subcommittee. Seconded by Councilman Breider, Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. CONSIDERATION OF A REQUEST TO CONSTRUCT A BUILDING TO BE USED AS A STORAGE BUILDING: LOCATED O;d LOT 4, AJDI7UR'S SUBDIV?SIOfd N0. S9; THE SAf�'lE QEING 7T01 HIGHIdAY #65, FRIDLEY, i iINNESOTA�-REQUEST BY D. 4d. NC,RSTAD CO��iPANY, 710] HIGHWAY #65, fRIDLEY, MINPdESOTAi: P4ayor Liebl read the two stipulations as recommended by the Buildin� Standards- Design Control Subcommittee. i�lJTIOid by Councilman Starwalt to concur with the recommendation of the Buildiny Standards-Design Control Subcommittee and approve the request for the construction of a storage building by D. W. Narstad at 7101 Highway #65, with the recommended stipulations (two). S�conded by.Councilman Utter. Upon a voice vote, all voting ' aye, Iviayor Liebl declared the motion carried unanimously. • CONSIDERATION OF A REQUEST TO ALLOt�J THE f�OVING OF A FENCE AND RELANDSCAPING: � i nrnTrn nr.i i nr i oi nrv i �ncr or�,n�ru rc-�nrrc rroc-r /IIIIITTTl1�I• TLJC cnU� RCTNG . � � ....�...... �ENN AVENUE, BLOOi�INGTON, �•IIP�NESOT : P10TIO�J by Councilman Breider to concur w•ith the recommendations of the Building Standards-Design Control Subcommittee and approve the request to move the fence and reiandsca � as requested by Frank's t�iarsery with the stipulations suggested by the Subcommittee. Seconded by Counci'Iman Utter. Upon a voice vote, all voting aye, Mayor Liebl declared the mot�ion carried unanimously. CONSIDERATION OF A REQUEST TO ALLO!�! FOR THE ADDITION OF A SWI��1MIfJG POOL CENTER There �aas no action necessary; the item was cancelled by Plywood P4innesota. �ONSIDERATION OF A REOUEST TO CONSTRUCT EI BUILDING TO BE USED FOR CREW FACILITIES 6 Councilman Utter suggested an additional stipulat9on which would indicate that clean up of the area vaas needed. MOTION by Councilman Nee to concur with the recommendation of the Building Standards-Design Control Subcommittee and approve the request by Burlington Northern to construct crew facilities loc:ated at the Burlington Northern Yard with the stipulations recommended by the Subcommittee and tdith the additional stipulation that clean up of the area is necessary. Seconded by Councilman Starwlat. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. • i�lOTION by Councilman areider to receive the m�nutes of the Building Standards- Desig�� Control Subcommittee Meeting of April '1.5, 1974. Seconded by Councilman Starwalt. Upon a voice vote, all voting aye, �iayor Liebl declared the motion carried unanimously. RECEIVING THE i�1INtiTES OF THE ENVIRONMEPJTAL QUNLITY COMMISSION MEETING OF APRIL 9, 1974: — — -- P�OTION by Councilman Utter to receive the minutes of the Environmental Quality Commission Meeting of April 9, 1974, and also receive the pro�osed bylaws to be reviewed by the Admiriistration and the City Ai;torney to determine if they conflict with the State Environmental laws, and that the item be brought for Council consideration in the period of one month. Secanded by Councilman Starwalt. P4r. James Langenfeld, �hairman of the Environmental Quality Coromission was present and suggested recycling be done on a permanent basis in the City. Fle said arrangements could be made with Mr. Tim �4cDon�ld if the City would provide a permanent facility. He said a presentation would be made in June concerning this practice. _ __ _ _ _ REGULAR COUNCIL MEETING OF MAY 6, 1974 PI1GE 70 l�i 3 UPON A VOICE VOTE, ALL VOTING AYE, Mayor Lieb7 declared the motion carried unanimously. ING THE RESPONSE TO THE PROPOSED AL7ERNATE TREE PRESERVATION ORDI Mayor Liebl said the letter asking for a response to the Planning Commission's suggested amended proposed ordinance had been sent registered mai] to the five sponsors of the ititiative petition. f�layor Liebl read the names of the five persons who sponsored the petition. �iayor Liebl read the names of the five persons who sponsored the petTtion, and said a response had been received by the City from the five. P�ayor Leibl pointed out in the statement from the Committee dated April 22, 7974, the committee had indicated they could not accept the proposal as a substitite for the petitioned ordinance. Mayor Liebl stated, if the Council did not adopt the ordinance as presented by the petitioners, this would force a referendum which would be held in June at a great expense to the City and oniy a very fe�a peopie would vote ai this speciai eleetion in June. „ayor Liebl recalled the petitions committee said they represented 4,300 petitioners and it would be his recommendation to adopt the ordinance and try to live with it. He said if it is not possible to live with the ordinance, it could be amended in the future. h1ayor Liebl asked the City Attorney if it would take three votes to adopt the ordinance. The City Attorney said yes, it is a simple ordinance and three votes would be adequate. Co.uncilman Breider said he would not vote affirmatively for the ordinance as it stands unless the utilization of the North Park area is presented hand in hand to the people of Fridley in an election. Councilman Breider said he did not think there was any major money to be spent for the development of the Parks in Fridley in the near future. H�� said i�the issue of the utilization of the North Park area, which would be a golf course versus a nature center were placed on the ballot, he would vote affirmatively for the adoption of the original ordinance. He said he thought this should be done as a part of the ordinance, and he would like this taken care of at the same time. P�10TION by Councilman Breider to authorize a referendum at the general election in the fall for the issue of a golf course versus a nature center at the North Park site. . Counciiman Nee asked if this would be a binding or advisory referendum. Councilman Breider said it would be an advisory referendum, but shou]d be binding on the Council. Councilman Nee said this is true, he would support the motion. SECONDED by Councilman Nee. Upon a roll ca71 vote, Councilman Breider voting aye, Councilman Starwalt voting aye, hiayor Liebl voting aye, Councilman Utter voting aye, and Councilman Nee voting aye, P�layor Liebl declared the motion carried unanimously and said the issue would be on the ballot at the general election in the fall. i t40TI0N by Councilman Breider to waive the reading of the ordinance and adopt the � ordinan�e prohibiting the destruction of trees on City owned Public Land in the ! City of Fridley except under specific conditions, as it was submitted by the � ' petitioners and appears on Page 6-A of the Agenda for the May 6, 1974 meeting. � i Councilman Starwalt said the unrevised ordinance is very bad and the City cannot I ' live with it, He added,.there are projects in his ward that will be stopped or I ; never started if the ordinance is passed. Councilman Starwalt said the minutes � ; of the Planning Comnission show this fact. Councilman Starwalt said he takes the ( ordinance very seriously and he has great qualns about the viability of this ord9nance � Councilman Starwalt asked if it would be within the law to table any action on this � ordinance until the next general election if this would be acceptable with the ; petitioners. • � Zhe City Flttorney said if the commit�ee would agree, this couid be done, otherwise, the Council would be bound to the requirements of time which are in the City Charter. ' He said this would reouire the special election on the ordinance to be within a set time period. CounciTman Starwalt said he would like to ask the Chairman of i;he Petitioning co�rrnittee if the Committee would agree to have the special election on the ordinance at the general election in the fall. � � � �i 0 REGULAR COUNCIL MEETING OF MAY 6, 1974 PAGE 11 Rev. Winston Worden, Chairman of the Committee, addressed tLe Council and stated, as read in the response, the facts are clear, and he did not think any of the committee members had changed their minds at this point. Rev. Worden said the action recommended by the City Council would be the least that could be done by the.City Council at this time. UPON A ROLL CALL VOTE, Councilman Utter voting aye, Councilman Nee voting aye, Councilman Breider Voting aye, Councilman Starwait voting nay, and Mayor Liebl voting aye, ;iayor Liebl declared the motion carried four io one and the first reading of the original Tree Ordinance adopted, RLCEIVING STATUS REPORT ON ENVIRONMENTAL QUALITY ASSESSf4ENT STATE�dEN7: fROTION by Councilman Utter to receive the report on the Environmental Qua7ity Assessment Statement. Seconded by Councilman Star�valt. Upon a voice vote, all votin� aye, Mayor Lieb'( declared the motion carried unanimously. COPdSIDERATIOfJ OF A REPORT REGARDI�G THE fEASIBILITY OF COOPFRATION EJITH ANQKA C MOTION by Councilman Utter to receive the report on the feasibility of cooperation with Anoka County in Establishment of a Nature Interpretive program and consideration of appointment of a naturalist, at this time. Seconded by Councilman Nee. Upon a voice vote, a11 voting aye, Mayor Liebl declared the motion carried unanimously. (NOTE: Action was taken later in the meeting on the appointment of the Naturalist, h1r. Jan Haff was appointed effective Ju7y ], 1974, with his services to be obtained until that time on a consu]tant basis.) RECESS: hlayor Lieb] called a ten minute recess at 10:00 P.M. RECONVENED: Mayor Liebl reconvened the meeting at 10:15 P.M. (NO�fE: The following item was brought to the Counci7's attention out of agenda order because of the number of people present,) IO�d OF A PROPOS,4L FOR CONSTRUCTION OF A � ENNA PURPOSES TO BE AND RECEIVING PETITION #7-1974 - TN OPPOSITION TO APITEP�NEA: Mayor Liebl called on the Assistant Engine�r to make a presentation on the proposed antennea. Mr. Richard Sobiech, Assistant Engineer, said the request was to construct a free standing tower adjacent to and on the City property by the 1'-2 miliion gallon water tower at 53rd and Johnson. Ne said the tower would be 50 feet in height and wou]d ha�e two disc iike piates ten feet wide on the top which wou7d serve as beam benders. He said this �vould elimi.nate the construction of a 150 foot tower at the Genera] Tele�ision site. f�e continued to explain, thc tower would not be as ta]7 as the water reservoir and at some angles, it �vould blend into the tower. He said the bottom slab Nrould be 73 feet wide and would be within the area of tha fence far the water tower. fi� explained the antenna wou7d be within tl�� view of the 53rd Avenue area, but the tower wou7d not extend above the water tower. He said from tMe other areas, the iower would not be seen. Ne said it is the proposal that the antenna be painted the same color as the reservoir, so it bould blend in, He said if the Council wou]d like to find out any technical information about the proposed tower, Mr. Ron Renard, ilidwestern Re7ay, and Mr. Robert Becker, Vice President for Engineering, Genera] Te7evision were present. � Mr. Becker pointed out the dimensions of the proposed tower to be 13 feet at the bottom 4�ith a triangular shaped slab, approximately ten feet at the top and 50 feet high. i � • � � 1___ __ . 1��.. REGULAR COUNCIL MEETING OF MAY 6, 1974 PAGE 12 Mayor Liebl asked if there would be any electrical interference which would cause any problems, or if there would be any noise connected with the operation of the tower. He asked what the general appearance of the tower would be and if the wind would cause any noise at higher velocities. . Mr. Becker said the proposed location is the most condusive place to insta7l the tower. He said because of the size of the tank, from some directions, it would not be seen. He said as far as the electronic questions and views, Mr. Renard from Midwestern Relay was most equiped io ansvrer, Mr. Renard said there would be no interference at all, and he explained with the inicro4rave vain, there could be i�o interference. Mayor Liebl said there was some concern by the area residents who believed there would be some noise from the wind �•�histling through the tower. Mr. Renard explained tha.t there could not be any variations in the design of the tower. He said there is a plastic cone installed to prevent ice build up on the iowe.r. He further explained that the tower was to be installed according to the specifications of the electronic institute and it will carry approximately a 110 mile an hour wind with one inch of ice on all surfaces of the to�,�er. He said there would be no danger of the tower collapsing. Mayor Liebl asked why this specific location �aas choosen. Mr. Renard exp7ained that Midwestern Relay is a common carrier of television stations and General Television stations and General Television has to bring signals to the area from Chicago and Winnepeg. He said this choice was made by General Television in their�franchise. He said the beam bende•r tower is needed to interconnect with the other communities or the district center in Arden Hills. He explained it was not possible to bring the signals directly to the General Te7evision station site k�ecause of i:he bluff on the east side of the City of Frid7ey. He said it would not be possible to transmit ��ithout construction of a 150 foot tower on the General Te7evision site if this tower were not used. He further explained without the use of the beam bender tov�er, it would only be possible to bring one channel from the Foshay Tower to Arden Hills and then to Fridley. He said this is an ideal spot for the antennea because it is above the tree tops and the height of t�e hill substitutes for the height that would be needed for the construction of a tower in another location in the City. Mr. Renard said Mid•,,�estern Relay did not anticipate any noise being caused by the tower. Ne said if this location is used, the Company could do without an active facility and extensive equipment. He said this would be a short path from Arden Hills and also to the studio location, which would eliminate the need for an active tower. He said this is four miles from Arden Hills. Mayor Liebl asked Mr. Retiard if it ��rould be possible for him to state that there would be no noise and the structure would not be hazardous. Mr. �:enard said he did not believe there would be any noise and the tower was designed very well with several degrees of safety measures, and it would not create any hazard. Mayor Liebl asked how high the tower would have to be constructed on the other sites. Mr. Renard said if this tower were to be put south of the studio, �t would have to be 150 feet high. He said another aliernative wauld be�in the area of the Onan building, :,:hich would relay the channels back to the studio site. - Mayor Liebl asked if the original plan was to bring the channels in by their own system, it is necessary to have 50% of the signal sold, He said another alternative may have been to buy the signal from A. T. & T, a.nd Bell, but they are not selling this signal any longer. He said the termination point was the Foshay Tower. Mayor Liebl asked if the Company would be coming back to say they need another 1Q0 foot tower to get more sionals. Mr. �enard said no, there would be no need to extend the facility at all. Councilman Starwalt asked if this proposal was the cheapest solution to the problems of receiving t}ie signal at the studio. t�1r. Becker said cost is always a factor and the cost of this installation would be minimal in relation to the other proposed towers. Ne stated in this area, the tower would blend in and in the other areas, it would be a high jutting tower. Councilman Starwalt asked what the City fee for the use of the public property was � � � ,� '�`� � ;� I l�ti '� i �. ! � � . � � I , , , � , r , � ' LJ ' � ' r ' �J REGULAR COUNCIL MEETING OF MAY 6, ]974 PAGE 73 proposed�at. Mr. Renard said there was no proposed fee at the present time. He indi- cated he had furnished the staff with the typical lease type information. Councilman Nee asked if it wouTd be possi6le to.add 150 feet to the Arden Hi11s tower and accomplish the same objective. Mr. Rertard explained the limitations in the height of the aforementioned tower, and explained at this height, the "tower will service almost everyone in the metropolitan area with the exception of those areas which are behind the bTuff. Councilman Nee asked if it would be feasible to install the tower in the area of the Minneapolis Reservoir area, i�r. Renard said he was not aware of this site, but he questioned if the distance would be too great and force the use of an active rather than a passive tower. He explained there would be no reactor and no current in the proposed passive beam bender. He stated, economy is always a factor. He commented that-� greater distance �is created between the two points, there would be a need for a rep�ater with active electronics for the use as an interconnector because this is the limit in distance for reliaule service to General Television. _ l� Councilman Nee asked if the ciish or antennea could be set in the middle of the top of ' the reservior tank. l+9r. Renard said this had been done or attempted in the past and there wou7d be problems brought up in the construction of the tank. He said this had been proposed in Apple Valley, b�at there were prob7ems w�ith the manufacturer of the tank who was concerned if soinething would happen io the tank because of the aniennea. He said this had been d�:layed four to f9ve months because of these problems, He sa�d they would like tb take the most direct route first, and this would be perfect if the water reservoir would hold the antennea. The City Manager said the County antennea installation was being planned for the top of the.tower. He said he did not think this alternative would be suitable. Mr. Robert Qulicky, 5233 Matterhorn Drive presented the Council with a petition in opposition to the construct�ion of the antennea at-the proposed water reservoir site. He explained there was 183 signatures.from the near vicinity and there was 100% of the signatures from those whithin the 300 feet which had received the maiiing from the Gity on the issue. Mr. Oulicky asked if the disc portions of the tower could be painted. Mr. Renard said yes. Mr. Oulicky expressed concern about the construction of the to�r�er stating before the area of the water reservoir was fenced, the young people climbed the tower and painted it, he believed that the antennea would provide an excellent facility for such climbing to be resumed. Mr. Oulicky presented the Council with a ietter which had been written in 1962 by himself to the Planning Commission concerning a request for a F. M, transmission tower in the area, and the objections Mr. Oulicky had at this time to that installation. Mr. Oulicky stated the same information and obj�ctions would apply at the present time. 110TION by Councilman Starwalt to receive the Petition presented by Mr. Oulicky, Petition #7-1974, in opposition to the installation of a antennea by Midwestern Relay and GPneral Television, and also the letter submitted by Mr. Oulicky which was addressed to the Planning Commission on April 6, 1°62 and concerns opposition to the construction of an antennea in the area at that time. Seconded by Councilman Utter. � A resident of the area voiced surprise at the sudden notification concerning the installation of the antennea. Councilman Utter said he was as surprised as the area residents. Ife added, he did not know about this current proposal until the previous meeting of the Council when the request was mentioned, but no details were discussed and no action was taken. F1e said he did�not icnow any of the details of the construction • a� the time, only the suggested height and location. Mayor Liebl said all of the people of the area a�ithin 300 feet would have to be notified about this type of proposal according to the requirements of the City Charter, Mayor Liebl said he thought there would be some problems with the installation of the antennea at this site. Mr. Becker said there would be no interference because the ___ ___ .. _J f° � �: � t E ; i ; t . : f f x f F �, R ;{ � #:� « ,� 4 � l_87 REGULAR COUNCIL MEETING OF MAY 6, 1974 PAGE 14 the tower was a passive not an active antennea and it would not regenerate a signal. 1�1r. Oulicky said this was his original concern but he realizes the passiv•a antennea would not create any interference. He said he was not aware of this information before the current meeting. The property owners had not received any information on the details•of the installation, just notices that the proposal would be discussed at the current meeting. Fle said perhaps some of the points as listed in the petition had been answered at this point in the meeting. A resident of the area ques�ioned how passive the installation wou}d be when the active tower in Arden Hills �vould be beaming the active signal directly at it. i�ir, Renard said the discrepancy in this point would be in the frequency that would be used, He explained that this signal would be minute compared to the signal which would be beamed fromthe top of the reservoir for radio broadcasts. A resident of the area asked how the insta7lation tivould blen� into the landscape and a.lso if there would be any lights on the structure, i�':r. Renard said there would be no lights because of the height does not exceed the maximum requireinents. A resident of the area asked if there had ever been any decimal tests taken on this type of antennea. Pir. ;zenard said if this had been done, and there 4'Jd5 interference, the F. C. C, would immediately ask for the e7imination of such interference. Mr. Renard said again, he is 100% sure that there would be no interference. A member of the Innsbruck Homeowners Association, representing the Assoc�ation, said he tirou1d like it a matter of record that the 200 peop7e who are members of the group oppose the instal1ation of the antennea in this proposed location. A member of the audience questioned if this high frequency sound would have some effect on the people in the area after a length of time. He ashed if the electrical signals would be harmful, i-�r. Renard said the signa]s in the Counci7 Chambers at the present time would be greatei° than those of the proposed signal, The resident said this would be an addition to the electro magnetic pollution and it wou7d be harmful. Mr. Renard said this would be minus 700 DVM. Mayor Liebl asked what the leve] in the Council Chambers would be at the present time. Mr. Renard said this would be 7,�00 times this amount. Mayor Liebl said there were many vatid points listec by the homeowners in the petition and he would like the questions to be ans�aered. He asked if this proposal was approved, would there be any further requests in the future for additional height on the antennea. i�lr. Renard said no, and he would make this a poe�t in the agreement. A resident of the area asked how the visua7 problem could be cured. Councilman Utter said he thought the Relay Company should get together with the City and look at some alternative sites for the installation of the antennea, He asked if the main water tower.could be used. Fle stated, tMe peopel had stated some very good reasons in the petition for not using the proposed siie. Councilman Utter said he would not want to live across from the water reservoir, wiihout the suggestion of another tower. A resident of the area suggested that an independent concer•n be contacted as a consultant to answer the questions put to the representative of Midwestern Relay. He questioned if the benefited business could be responsible in answering the questions in an objective and honesi manner. The City.Manager said the City had� raised many of the same questions as the residents of the area, and the members of the Council ��ould have ta decide on the proposal. He said if it is necessary that this type of antennea be provided for the use of General Television, it would 6e in the best interest of al1 if some additional input and information be obtained for further discussion on the matter. He suggested more research be made into the question and the item be brought back to the Council for their consideration in the future. �1ayor Liebl asked how long a time period would be needed to get the answers to the questions put to the Councii. ihe City Manager said this would be available at the next regular meeting of the Council, this would be the third Monday in May, t�lay 20th, 1974. t-layor LiebT said that he would like to see some proposals for alternative sites with the whole comrnunity being studied. The City Manager doubted if the antennea could 6e placed into another community and service thP peaple of the C�ty of Fridley. He said they would have to work with i a certain set of conditions. j i - __ _____ - . _ __. _ -- _ _ _ ... -_ _ _.---_ 188 1� �EGULAR COUNCIL MEETING OF MAY 6 1974 . � ' ' , I ' i � ' , � PAGE 15 Councilman.Breider said he believed all alternative sites should be considered. Ne said the Council had not come to the meeting with their minds made up on this matter, they wanted to find out what the people of the area wanted. He said there could be a review of the other possib7e sites. UPON A VOICE VOTE, all voting aye, Mayor Liebl declared the motion carried unanimously. Mayor Liebl said the answers to the people's questions would be answered on the 20th of May and the Council would study the a7ternative sites. (THE FOLLOWING ITEM WAS ON THE AGEP�DA LATER, BUT CALLED AT THIS TIME BECFIUSE OF THE t�UMBER OF PEOPLE 4lAITTNG FOR THIS CONSIDERATION.) CONSIDERATIOPd OF "Pi0 PARKING" SIGP�S ON SATELLITE LANE AND RECEIVING PETITION #6-1974 IN OPPOSITION TO BAPJNING OF AUTO PF�RKING OiJ SATELLITE LF�NE: f�10TI0N by Counciman Breider to receive Petition #6-1974 in opposition to banning of auto parking on Satellite Lane. Seconded by Councilman Utter. Upon a voice vote, all voting aye, i'.ayor Liebl declared the motion carried unanimously. t7r. Joe Wood, 155 Satellite Lane, addressed the Council and explained he was the Manager of a 33 unit apartment buildiny on Satellite Lane which is owned by Mr. Edstrom of Edstrom Realty. He added, ihe other h1anager in the area manages a building of 25 units. He said t'r�ey had been told that the no parking signs had been placed on one side for the purposes of snow removal, but no�� the signs had been placed on both sides of the street. He said there is not ample room for his tenants ar,d their guests to park in the area. �•ir. Wo.od said the apartment building owner, (�r. Edstrom, did pay $22,000 a year in taxes. Councilman Breider said this is his ward, and he recalled Mr. blood's statment that he had received complaints about the parkino situation and this was at 6 and 7 A.M. "9r. blood said the tenants first saw the signs at this hour of the day and complained to him about the placemen� of the signs. Mr. Wood said this i.s the only street in the area where there is no parking. Councilman Breider asked where the peop]e living in the buildings are parking at the present time. i�ir. Wood said in the back of the building. Councilman Breider said at the time of the construciion of the buildings, the City asked that adequate parking for the tenants and guests be provided in the back of the building, and this was one of the original bui7ding stipulations. Mr. 'vJood said before the parking was prohibited on only one side of the street, now this is in effect on both sides of the street. f�tayor Liebl said the City had received many and serious complaints about the parking from this portion of the street right up to the hamburger place. He said the cars were parked on both sides of the street and the children in the area were � running between the cars and in and out in the street. Ne said the bus drivsrs � also complained because they cou]d not make the turn. He said he would not ' like to see a child get hurt because it is too much trouble for someone to park in the back of the building. '� � Mr. bdood said he believed there was ample parking for the tenants with 24 garages � and one additional space for each of these garages. °•iayor Liebl said this would total � 48 parking stalls for 33 units. I=ir. 6dood said he t�ould request that a certain amount �j of parking be available in the front of the buildings for the guests of the tenants. He mentioned if the residential homes had guests, they could not get all af the cars into the driveways. I�e pointed out if each of the tenants had one guest, there would not be adequate parking space. 'j Mr. Robert Lee, 144 Satellite Lane, stated a17 of the people of the area had agreed to the placement of the no parking signs in the single family resTdential area even though they were rot allowed parking in front of their homes. He recalled this had ' been an area which was zoned for single faniily homes and not apartmenis when the ; majqrity of the people made their homes in the area. Fle said he had no idea how ' • the area became zoned for the apartments. He said he did not object to the apart- j ment building being there because there was to be off street parking provided by the 1� apartment complex for the tenants and guests at the apartments. He said it became impossible for the home owners to have guests park in front of their homes because of the tenants and their guests. ite said it i�au been determined by the area peop�e ' that this parking was not far the tenants guests, it was the tenants themselves who ; were parking on the street. Fle said the residential street was being used as a parking 0 �� lot. ' ' _ _ _ ___ ___ _ _ _ _ __ _ _ _ _ _ . � � � � s � Y ,' ; �� 3' i � I' f 1(J �} . . REGULAR COUNCIL MEETING OF MAY 6, 1974 PAGE 16 hfr. George Quinlan, '•lanager of the 25 Unit apartment, 195 Satellite Lane asked why the residents had not been notified with some explanation on why this was being done. Councilman Breider suggested a letter be sent to the owner of the apartment unit requesting that he get together ��ith the Engireering Department fior a solution to the problems. Fle said the Police Department would take care of the enforcement of the ]aw. MOTION by Councilman Breider to autP�orize the Administration to write a letter to the owner of the apartment builings, �ir. Edstrom, presenting the new information and the action taken in this area regarding the "��o Parking" restrictions, and also the original stipulations at the time of the construction of the building, and a7so requesting that a duly authorized representative of the Edstroin Company meet with the Engineering Department for a satisfactory solution to these problems. S�conded by Councilman Starwalt. Mr, fiesser questioned if L'ne area pr�oper.ty owners could be included in any meetinqs that would be held on this matter. Playor Liebl said this would be possible. UPON A VOICE VOTE, all voting aye, f��ayor Liebl declared the motion carried unanimously. CONSIDERATION OF APPOINTMENT OF A P�ATURALIST: (�dote: This item had been received earlier, but the City Mana er asked that consideration be given the appointment at the current meeting,}� Tha City.Manager stated the applicant who is being re�ommended for the appointment as Naturalist is considering two other positions at the present time, and if the City wanted to go ahead with this concept, the man should be hired, otherwise, the idea scrapped for the time being. Th�_ City Manager stressed the Administration would have to be honest with the applicant and inform him on the status of the position. Councilman Breider said there had been some discussion concerning a youth center and the need for youth programs in the City. Ne said it seems all there is for young people in this sort of program at the typical youth center is the shooting of pool ba115. He said he had reviewed the many things being done by Anoka County in their youth programs, and their programs are youth orientated. He mentioned the various youth activities such as camping, hikii�g, etc. He continued, all of the activities are at the County level and the City of Fridley needs someorie to coordinate these activities in the City. Councilman Breider said he believed the recor�nended candidate, �ir. Dan Huff, had good qualifications and he recommended the City Council take action to appoint him and get some programs going. Mayor Liebl asked if the County had given the City any coinmitment that they would aid in this Cii;y program. f1ayor LIebl pointed out that the new appointment would be making approximately as much as the Director of Parks and Recreation and a secretary would be needed for his Department. F�� said the man's qualifications and recommendations are very complimentary. He continued he is a high caliber appiicant and would benefit the entire County, He said Mr. Huff had the background to help, but he thought the County should also help. Councilman Breider said the County is looking for input on the program and he believed it would behoove the City to relate to the County with this type of commitment and let them knaw what kind of aid t1�e City would need. Councilman Breider said the City should begin an affirmative program and make this thing go. The City Manager said he had tried and tried to gain some direction on this matter from the Council. He said the Council had taken action to hire the Naturalist in the salary rang� from $12,000 to $16,000. He said he had reperted back to the Council with the fact th�t the County is providing a substantial center and programs but there would be limited staff to serve the needs at the local leve7. He said it would be double taxing of the people if both public bodies 4•�ent ahead and created separate extensive nature intrepr�itive programs. The City Manager informed the Council that the Administration had rec�ived 150 applicat9ons for the position of Naturalist, and at this time the Administration had gone through the process of intervie�ding and making a recommendation to the Council. ihe City Jfanager said he realized that the hour was getting late, but he feit the CIty shouid be doing a Uetter job at the local level by coordinating the programs with the Schaol Districts and the County. Ne said at t{�� present tiine, tha programs are going �ack and forth, and it would be an asset to the City to provide some direction on the local level. I� f _ __._� �--- - -- _ �. � � 190 , i REGULAR COUNCIL MEETING OF MAY 6, 1974 , � ' � , � � ' ' � r , , � � ' ' PAGE 17 Councilman Nee questioned if the person or the program should come first. P�iayor Liebl responded, the man has a good background to set up a number one program. CounCilman Nee stressed that this type of program has not been tried before. Couniclman Utter agreed saying he did not know of another City with a program such as this. Couhcilman Nee said it would be nice to find out what the people want on the North Park site. Councilman Breider said if someone were hired on a consultant basis, it would cost the City more. blOTION by Councilman Breider to cancur with the recommendation of the City Manager and hire Mr, uan Huff, full time effective July 1, 1974, and on a temporary basis as a consultant until that time to enable him to become familiar with the local programs and work slowly to form an extensive program. Seconded by Councilman Utter. The City Manager said tbe position-description should be "Pdaturalist Resource Coordinator". Mayor Liebl asked how this addition to the staff would mesh into the staff. He questioned who he would report to. The City Manager said initially, Dr. Huff would report directly to the City Manager, and after some time, he would be established and work in conjunction with the Park Department. P�ayor Liebl again questioned the cost of the program. The City Manager said these items should be worked into the budget by the Naturalist to plan the upcoming programs. �•tayor Liebl said the City should be honest with the man, and with 150 applicants, he has to be a good man. UPON A VOICE VOTE, Councilman Rreider, F1ayor Liebl, and Councilman Utter voting aye, and Councilman Nee and Councilman Starwalt voting nay, ��ayor Liebl declared the motion carried three to two. RECEIVING READVERTISED BIDS FOR LI UOR STORE FIXTURES AND E UIPMENT FIXTURES AND E UIPMENT OPENED MAY 2, 1974, 11:U0 ;1.N1. : . The City Manager said the item had been brought back for Council consideration and discussion. He said the items had been rebid and the bids were $1,400 higher on the second bidding. hle said the bids were higi�er this time because the items had been bid separately and the high bidder had changed on the second bid. He explained there was one person high the first time and another high the second time. The City Manager said the first high bidder believes he should be awarded the opportunity to purchase the equipment, and the second high bidder believes the same. He further explained there is no need f�r the City to go to the process on the sale of this type of equipment, but this had been done so there would be no accusation of collusion. Mayor Liebl asked the Finance Director why this had been bid again and why this item had been 6rought back to the Council again. The Finance Director said he thought the City Council wanted to study the bids further. The City Attorney said there had been some confusion in the original bids and one of the bidders bid only on one piece of the material and the other had bid on all of the equipment. He continued stating the Administration felt the other bids did not fully reflect the value of the merchandise being sold. With this in mind, he explained, the Administration readvertised for bids. The C.ity A,ttorney suggested that neither of the bids be awarded at this time, but the interested parties meet with the Administration and come to some agreement. Ne said there were two different items and each of the parties had been intehested . in one of the items. fle suggested some agreement be reached for the acquisition of the two items by the two different parties. Pir, Dominic Zawislak, 497 Rice Creek Terrace, representing Don's Liquor, 2201 University Avenue N. E., addressed the C�uncil and said he had been the high bidder at the time of the first bid. Fle said he had been at the previous meeting and talked to members of the Administration after that meeting and the Council action had been to table the consideration of the bids. He said when he received notification of the readvertisement, it was stated in the notice that the Council had taken action to readvertise. He said he believed this second place bidder at an advantage. He said he thought the first three bids as representative of the value of the equipment because the first three bids were within �149 of each other. _ � � i � .j . � REGULAR COUNCIL MEETING OF MAY 6, 1974 PAGE 18 191 Pir. Terry Claggert, 158 Collen Street, Wyoming, Piinnesota, said he had called the City Manager at 10:30 or 11:AO.on the day following the last Council meeting, and he had been told at that time that the bids were to be readvertised. He said they had not bid on the complete list of equipment at the time of the first bid, but at this time an d on the second bid, they nad bid on all of the equipment. The City Manager stressed, tl�c City can sell this equipment without advertising for bids. The City Attorney said, but once bids are obtayed the City wo�ld be bound to these bids. The City Attorney suggested the Council either a►aard the first or the second bids or reject both bids and authorize the Administration to negotiate the sale of the equipment. hlOTION by Councilman Utter to reject all bids, the first and the second, and authorize the C•ity Manager to negotiate with the two parties, or ail interested parties for the ' sale of the liquor store equipment. Saconded by Councilman Starwalt. Jpon a voice vote, all voting aye, f•layor Liebl declared the motion carried unanimously. The City Attorney said the bids had to be rejected because one of the men was the ' high bidder the first time, and should have been awarded the sale the first time, and the other was the high b�dder the second time and should have been awarded ' the sale the second time. He said it would be impossible to award the contract according to either of the bids, this would not be fair to the people involved. . The City Attorney further commented that perhaps a verbal auction should be held to obtain a high bidder and complete the sale of the equipment. The Finance Director left the meeting with the two bidders to negotiate for the sale of the liquor store equipment. (NOTE: The Council returned to the agenda at the point where they had broken from the listed items.)• RECEIVING THE MINUTES OF THE PARKS AND RECREATION COMMISSION MEETING OF APRIL 22, � 1974: Councilman Utter questioned the acquisition of the Swanson property at this time stating there is not much money left in the budget. The City Manager said there had been an agreement reached with the property owner that a portion of the money would be paid at the present time and the remainder of the purchase price would be paid the following year. (Note: The eleventh item on the agenda concerned the purchase of the Swanson property and the Council took action on this item since the recommendation was to be received within the Parks and Recreation Comnission minutes.) CONSIDERATION OF APPROVAL Of PURCHASE OF SWANSOfJ PROPERTY fOR RUTN CIRCLE PARK: Mr. Ken Sporre, 301 Ironton, addressed the Council.and said he was representing the property owner, Mrs. Swanson, his mother-in-law. The City Manager pointed out that the City would pay $4,296.26 at the present time, and $2,403.74 next year and ihe taxes and assessments due and payable in 1974 wou7d be paid by the property owner. . Councilman Starwalt asked if there was some questions or problems with the special assessments. ��1r. Sporre said there was to be a charge, but this was only if the property was used for construction. �Jow, this would no longer be in effect because the City would be using the property for a park. MOTION by Councilman Nee to concur with the recommendation of thie Parks and Recreation Comnission and approve the purchase of the Swanson property according to the means previously pointed out by the City �ianager. Seconded by Coun cilman Breider. Upon a voice vote, all voting aye, "iayor Liebl declared the motion carried unanimously. 1�10TION by Councilman Utter to receive the minutes of the Parks and Recreation Commission of knril 22, 1974. Seconded by Councilman Starwalt. Jpon a voice vote, all voting aye, �1ayor Liebl declared tfie motion carried unanimously. ' ' I _._._ _ _ __.___ _ _. _._ J .3 , ,� ':� i k � . ,---- ��' 1 �2 ,� � i� �� ' � REGULAR COUNCIL MEETING OF MAY 6, 1974 PAGE 19 -------� RECEIVING REPORT ALONG WITH THE COMPREHENSIVE PARKS AND RECREATION PLAN RECOMMENDED BY THE PARKS AND RECREATION COMMISSION: MOTION by Councilman Utter to receive the Parks and Recreation Comprehensive Plan _ at this time and that the matter be brought back to the Council for discussion in approximately a month after the Council members have an opportunity to review the material. Seconded by Councilman Breider. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. The City Manager said the item would be brought back in a month. CONSIDERATIOPJ OF APPROVAL OF PURCHASE OF SWAP�SO^l PROPERTY FOR RUTH CIRCLE PAR This item was taken care of during the consideration of receiving the minutes of the Parks and Recreation Commission meeting of April 22, 1974, and the Council took action , to acquire the property. CONSIDERATIOP� OF PRELIMINARY REPORT REGARDING THE SECOND STAGE Of THE SIDEWALK � IMPROVEf4ENT PROGRAM CONCEPT: h10TI0N by Councilman Starwa]t to receive the preliminary report regardiny the second stage of the sidewalk improvement program concept at this time and that the item be brought back for Council consideration. Seconded by Councilman Nee. , Upon a voice vote, all voting aye, (�ayor Liebl declared the motion carried unanimously. RECEIVING INFORMATION ON NEGOTIATIONS ON AUCTION OF LI UOR STORE E UIPMENT (NEGOTIATED AT TIME OF MEETING BY THE FIiVANCE DIRECTOR : � l_J � The Finance Director informed the Council that he had placed the liquor store equipment on a verbal auction and the highest bid was received by Claggert and Carlson in the amount of $6,�100: Mr. Claggert advised the Council that he would check with his legal counsel on the matter of whether the high bid received in the amount of $5,800 would be valid at this point or if the verbal auction bid of $6,400 would be binding. The City Attorney suggested the Council take action to se11 the equipment for this amount. Ffe advised the bidder to have his attorney call the City Attorney. MOTION by Councilman Breider to authorize the Administration to sell the liquor , store equipment to Claggert and Carlson in the amount of $6,400 as was offered by Claggert and Carlson during verbal bidding. Seconded by Councilman Utter. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. ' ' , ' i l_J � CONSIDERATION OF "i10 PARKING" SIGNS OPd SATELLITE LANE A�JD RECEIVING PETITION #6-1974 IN OPPOSITIOId TO BANfdING OF AUTO PARKING ON SATELLITE LANE: Action was taken on this time earlier in the meeting. Council affirmed the usage of the "i�o Parking" signs on. both sides of the street and authorized the Administration to communicate with the owner of the apartment buildings and inform him of the original parking requirements and also inform him of current action and request that a representative of the owner meet with the Engineering Department for a Satisfactory solution to the parking problems in the area. RECEIVING BIDS ANR AWARDING CONTRACT FOR STREET IMPROVEMENT PROJECT ST. 1974-4, 1 SSTPPI STREE IMPR VEMENT BIDS PENED M Y , 1974, 11:30 .�i. : Hardrives, Inc. 3030 Harbor Lane North Suite 216 Minneapolis, Minn. 55441 Alexander Construction County Road 42 & Fairgreen Ave. ,Apple Valley, Minnesota 55068 H. & S. Asphalt 5400 Industry Avenue N. W. Anoka, P4innesota 55303 C. S. P•icCrossan, Inc. Box 336 Osseo, ��iinnesota 55369 $ 104,259.42 108,528.93 99,009.93 115,661.58 � REGULAR COUNCIL MEETING OF MAY 6, 1974 PAGE 20 BIDS: Street Improvement Pro�ect St. 1974-4 continued: llunkley Surfacing 3737 East River Road $ 115,173.59 Fridley, f�tinnesota 55421 Bury & Carlson 6008 Wa,yzata Blvd. 103,900.74 hiinneapolis, Minnesota 55416 MOTION by Councilman Starwalt to receive the bids for Street Improvement Project as listed previously and to award the Contract to H. & S. Asphalt in the amount of $99,009.93, subject to the approval of the County Engineer. Seconded by Councilman Nee. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously: RECEIVIPIG BIDS AND AWARDING CONTRACT ON PLAYGROUND E UIPMENT BIDS OPENED APRIL 25, 1974, >>:ao r{.�a. : NAME OF EQUIPMENT Whirls Swing Set-2 Sec.. 4 Seat Swing Set-2 Sec. 6 Seat Swing Set-2 Sec. 6 Seat Fl.ower Climber Flower Climber S S Slide Stage Coach Saddle Mates Park Benches Snail Climber Buck-A-Bout S S Slide Swan Swing G�P�1�TI P�1� AQ UN• EQUIPPIENT 6 $1,998 1 297 1 353 1 367 2 2 1 1 17 8 1 2 1 1 224 246 278 450 1,445 268 280 902 360 170 MIRACLE REC. EQUIPMENT $2,190 278 332 356 none none 265 none none 152 none 916 345 211' t�'J SPECIALITY SALES SERVICE $2,538 324 430 446 none none 339 486 1,558 478 none 334 220 , Total Bid Price . 7,638 5,045 7,153 � MOTION by Councilman Utter to receive the aforementioned bids and award the contract for the purchase of the playground equipment to Gametime Equipment in the amount of , $7,638.00. Seconded by Councilman Breider. Upon a voice vote, all voting aye, f•tayor ' Liebl declared the motion carried unanimously. • I f2ECEIVING READVERTISED BIDS FOR LI UOR STORE FIXTURES AND E UIPMENT OPENED MAY 2, 1974 11:U0 l�.ff. : ' Consideration of the bids for the liquor store fixtures and equipment was taken care of earlier with the Council taking action ta reject all bids, and to authorize ' the Administration to have a verbal auction, and after this, the Council took action to sell the equipment to the highest bidder, Claggert and Carlsan in.the amount ' of $6,400. i . _ __.__._... ....... _ _.._.. _.-._.....'__ '._"_�___ ..._... __._ ._.."___._._..._ 1J4 '� � I � REGULAR.COUNCIL MEETING OF MAY 6, 1974 �' AUTHORIZING THE CITY MAfyAGER TO SIGN THE LEASE FOR THE HOLLY LI UOR STORE: PAGE 21 F10TION by Councilman Nee to authorize the Mayor and City Manager to sign the Lease ,j for the Holly Liquor .Store as it appears in the agenda. Seconded by Councilman Breider. Upon a voice vote, all voting aye, �•iayor Liebl declared the motion carried unanimously. � CONSIDERATION OF ADDITIONAL COST FOR LOTS IN SPRING VALLEY ADDITION: The City Manager pointed out that there had been some money paid to the County for ' this property. He added, ihere is an additional $181 due for assessments. ,; I10TION by Councilman Starwalt to authorize the Administration to pay the additional � amount to the County for lots in the Spring Valley Addition. Seconded by Councilman ' Breider. Upon a voice vote, a11 voting aye, Mayor Liebl declared the motion carried unanimously. �� REVIEW OF STATUS OF APPROVING VARIANCES FOR A RESIDENCE ON LOTS 33, AND 34, BLOCK A, I r�IVERVIEW HEIGHTS: � The City Attorney recalled these were two fifty foot lots side by side which are i owned by two separate people. He continued to explain that one of the peop7e had applied for a building permit, but there was some opposition to the issuance of i the building permit. He said if this is not granted, the applicant may take action � against the City and the City's chances in court would be about 5�/50. He pointed j out that the City had granted a number of permits on lots this size. Councilman Nee asked if there was a possibility of establishing an area waiver. The City Attorney said he would like to see the Council set up a policy on this type of item, and be consistant in action. ' NlOTION by Councilman Nee to table the consideration of approving variances for a residence on Lots 33 and 34, Block A, Riverview Heights, until the next week's meeting of the Council. Seconded by Councilman Starwalt. Upon a voice vote, all voting aye, flayor Liebl declared the motion carried unanimously. � CONSIDERATION OF OFFER MADE BY THE INSURANCE COMPANY OF SUBURBAN ENGINEERING - 'PROJECT 103: 1 The City Attorney explained there had been another offer submitted by the Insurance Company for the settlement of the Project 103 problems. He explained if the off er ` i would not be acceptable, the Insurance Company had requested that a counter offer , be made by the City which would be acceptable to the City. The City Attorney further ; explained this would bring the payment up from $12,000 to $16,500. � �� CJ ' � � � P10TION by Councilman Nee to authorize the City Attorney to make a counter offer to the Insurance Company of Suburban Engineering in the amount of $5,000. Seconded by Coui�cilman Starwalt. Upon a voice vote, all voting aye, ;1ayor Liebl declared the. motion carried unanimously. COiVSIGERATION OF REFERENDUM TO ALLOId CITY TO ISSUE MORE ON-SALE LIQUOR LICENSES: �10TION by Councilman Breider to approve the placement of the question of whether or not the City may be allowed to issue more on-sal�e liquor licenses on the ballot for referendum in November. Seconded by Councilman Utter. Upon a voice vote, all voting aye, i�layor Liebl declared the motion carried unanimously. RESOLUTION #50-1974 - ORDERING IMPROVEMENT_,_fIPPROVAL OF PLANS �tND SPECIFICATIONS AND P10TION by Councilman Nee to adopt Resolution #50-1974, ordering improvement, approval of' plans and specifications and ordering advertiseinent for bids for Street Improvement Project ST. �1974-10 (Sealcoating). Seconded by Councilinan Utter. Upon a voice vote, all voting aye, ;•layor Liebl declared the motion carried unanimously. RESOLUTION �51-1974 - OROERING IMPROVEf4ENT, APPROVAL OF PLANS AP1D SPECIFICATIONS AND f�10TI0N by Councilman Utter to adopt Resolution #51-1974, ordering improvement, approval of plans and specifications and ordering advertisement for.bids for Water, Sanitary 4 � � i- _ ___..------ -- ----- -- i 195 REGULAR COUNCIL MEETING OF MAY 6, 1974 PAGE 22 Sewer and Storm Sewer Improvement Project #115. Seconded by Councilman Starwa7t. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. RESOLUTION #52-1974 - AUTHORIZING THE ACQUISITION OF ADDITIOPdAL EASEMENTS APdD RIGHT OF WAY FOR 6dATER, SEWER AND STREET IMPROVEMENT PURPOSES UNDER STREET IMPROVEMENF PROJECT �T ��n � nn�n c�r in�n o. f�lOTION by Councilman Starwalt to adopt Resolution #52-1974, authorizing the acquisition of additional easements and rights of way for Water, Sanitary Sewer and Storm Sewer Improvement Project ST. 1974-1 and ST. 1�74-2. Seconded by Councilman Utter. Upon a voice vote, ail voting aye, Mayor Liebl declared the motion carried unanimously. Councilman Starwalt said this would call for the extension of Arthur Street from Mississippi Street to Rice Creek Road. H� explained there are some home owners opposed to this project and some for it. He said he would recommend the continuation of the roadway through this area. Councilman Utter questioned the reason for this. Councilman Utter said he would rather not see the roadway continued through this area. .Councilman Utter said this wou7d eliminate any speeding in this area. The City Manager said he would negotiate this matter. He pointed out that there is one property owner who is opposed to this extension of the roadway. The City Attorney said one of the property owners has a swimming pool in this area and acquisition of the property would be expensive. Councilman Starwalt asked if it would be possible to authorize negotiations at this time. The City Manager said he would negotiate for the acquisition, but not condemn any property at this time. He continued, if acquisition would get to condemnation, the City wauld drop the issue and forget about the continuation at this time: Councilman Starwalt said anot�her portion of the development under these projects would be on Bacon Street. He explained.the problems had been resolved for the improvement of one end, but the City would have to purchase or condemn the property at the other end. CONSIDERATION OF A RESOLUTION ADVERTISING FOR BIDS FOR CHAIN LINK FENCE - COMMONS PARK: The City Manager said this fencing had been budgeted for. The Assistant Engineer placed a map of the Commons Park area on the screen and pointed out the area proposed for fencing. The City Attorney said the area would b�� :�aseball diamond in the corner. Councilman Utter asked if the fenced area wou7d be ::.:_:r.ed up during the daytime so that no one would be able to get into the area. The City Manager said he did not know the detai7s on this point. Ne explained this to be a high activity area, as explained by the Director of Parks and Recreation, �4r. Paul Brown. He said at the present time, there is snow fencing around this area. Councilman Breider said the Little League needs the fencing in this area to keep the balls off of 7th Street. He further indicated there should be some boundaries to determine home runs and foul balls. The City Attorney asked if the high school teams use this field. Councilman Utter said the 6 squad used this area. t•tOTION by Councilman Breider to adopt the resolution to advertise for bids for Chain Link Fence for Commons Park. Seconded by Councilman Starwalt for discussion pu�poses. The City Attorney said the snow fencing currently being used is dangeroas. Councilman Nee asked if the whole Commons Park area is fenced, where would the children fly kites. Councilman Utter said it is not possible to walk across the park because of the amount of fencing. � { . ... _.._ . � �J� - � � � !. REGULAR COUNCIL MEETING OF MAY 6, 1974 PAGE 23 Councilman Nee said he thought there was too much fencing in the Park area at the present time. I�PON A ROLL CALL VOTE, Councilman Utter voting nay, Councilman'Nee voting nay, Councilman Breider voting aye, Councilman Starwalt voting nay and Mayor Liebl voting aye, Mayor Liebl.declared the motion FAILED THREE TO TWO. Councilman Breider said there is a need for the fencing because of the foul balls being hit out of the area and into the street. H� further explained when the Little Leaguers hit the ball, they cannot determine if it is a home run and it usually ends up being something like a three bagger. Councilman Breider said the coaches who play this field think there should be fencing to provide some protection so the balls to not always end up on 7th Street. CLAIMS: GENERAL 35423 - 35n17 LIQUOR 8832 - 8874 MOTION by Councilman Nee to approve and pay the Claims as mentioned above. Seconded by Councilman Starwalt. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. CONSIDERATION OF MICHAEL SERVETUS UNITARIAN SOCIETY REQUEST.TO HOLD ANNUAL AUCTION AND WAIVER OF FEE: MOTION by Councilman areider to approve the request for the Michael Servetus Unitarian Society to hold an annual auction with the fees waived. Seconded by Councilman Utter. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. LICENSES: BLACKTOPPING: BY APPROVED BY Fairfax Asphalt Inc. John Pfaff C. Belisle 6699 Ashton Avenue N. E. Fridley, Minnesota 55432 Northern Asphalt Construction, Inc. 11064 Raddison Road N. E. Gerhard Larson C. Belisle Blaine, Minnesota Pioneer Blacktop Inc. 7608 68th Avenue North Arthur Scherber C. Belisle Brooklyn .Park, Minnesota 55428 ' GAS SERVICES: Advanced Heating & Air Cond. Inc. 7805 Beech Street N. E. Donald Hodsdon W. Sandin Fridley, f�9innesota 55432 • Mill City Heating & Air Conditioning Co. Wm. Stevenson W. Sandin 13005 B 16th Avenue Plorth Minneapolis, Minnesota 55441 Clarence E. Nelson Heating & Air Conditioning Clarence E. Nelson W. Sandin 200 West Hayden Lake Road Champlin, �iinnesota 55316 GENERAL CONTRACTOR: Amber Construction Inc. 6070 Stinson Boulevard Norman A. Dalberg C. Belis7e Fridley, i�1innesota 55432 Aqualand Pool Company, Inc. 3400 Dakota Avenue South Harvey Blumenberg C. Belisle St L' P k(1' t 55416 . ouis ar , inneso a _ _ _ . _ _ _ � __ __ -- _ _.._ t � �_ _ _ _--- I � i I i I REGULAR COUNCIL MEETING OF MAY 6, 1974 GENErZAL CONTRACTORS CONTINUED: BY Custom Pools 701 Excelsior Avenue E. - Tim Hannan Hopkins, (linnesota 55343 Dahlmeier Construction Co. 8460 Cottagewood Terrace Stanley Dahlmeier - Minneapolis, Minnesota 55432 Gilbert Construction Co., Inc. 1202 Jackson Street Richard Gilbert St. Paul, Piinnesota 55117 Lumber King Company 5145 Oliver Avenue North Jerome Lorbubaum Minneapolis, Minnesota 55419 Walter R. i�taciaszek 6627 Anoka Street N. E. Walter R. h1aciaszek Fri�dley, ��iinnesota Metro Metals Inc. 4345 Lyndale Avenue North David Frankson Minneapolis, Minnesota 55412 Miles Garages, A division if Insolco 4500 Lyndale Avenue North John Pope Minneapolis, Minnesota 55412 Northland Holding Company, Inc. 546 West Main Street R. John Wallenbecker Anoka, Minnesota 55303 Wayne Roy Incorporated 8507 Rose Manor Wayne P. Johnson Golden Valley, Minnesota 55427 HEATIiJG: A & K Heating 18936 Xebec Street � Arvin Kuhn Wyoming, Minnesota 55092 Advanced Heating & Air Conditioning Incorporated Donald C. Hodsdon 7805 6eech Street N. E. Fridley, P�linnesota 55432 Fleming Sheet Metal Co. 775 Colorado Avenue South Robert Flc�ning Minneapolis, Minnesota 55416 . Mill City Heating & Air Cond. Co. 13005 B. 16th Avenue North Wm. Stevenson Minneapolis, Minnesota 55441 Clarence E. Nelson Heating & Air Conditioning Clarence E. Welsori 200 West Hayden Lake Road Champlin, I-linnesota 55316 Thompson Air Conditioning Co. � 5115 Hanson Court Floyd M. Thompson Minneapolis, ��iinnesota 55429 MASONRY: Mikedonald Cement Co. 4830 7th Street N. E. � Donald W. Siegel Minneapolis, Minnesota 55421 �� ' � PAGE 24 i APPROVED BY I� C. Belisle � ! � C. Belisle � � � I i C. Belisle � � C. Belisle i C. Belisle C. Belisle C. Belisle C. Belisle W. Sandin W. Sandin W. Sandin W. Sandin W. Sandin W. Sandin W. Sandin � �' ,'� �,' �' 4 , � � - _ - — -�— � �� ' I I ' ', REGULAR COUNCIL MEETING OF MAY 6, 1974 i � �__,i ' � i PAGE 25 MASONRY CONTINUED: BY APPROVED BY R. W. Sonderstrom Company 6820 Brookviev� Drive N. E. Russell Soderstrom C. Belisle Minneapolis, Minnesota 55432 ROOFING: Potvin Sales Company 7341 Commerce Lane N. E. Felix Potvin C. Belisle Fridley, Minnesota 55432 GENERAL CONTRACTORS: Pratt Construction Inc. 8ox i25 Leonard Pratt C. Be7isle . Marine On the St. Croix, 'iinn. . MULTIPLE DWELLING LICENSES: �OWNER: ADDRESS UNITS FEE APPROVED BY Peter J. Neururer 7125 Jersey Avenue North 390 57th Place 4 $15.00 R, J. .4ldrich Minneapolis, Minnesota 55428 � Fire Prev: John H. Ouellette 5901 2'2 St. N. E. 6551 E. River Road 11 1fi,00 R. D. Aldrich Fridley, Minnesota 55432 Fire Prev. A. C. Mattson - 6320 Riverview Terrace N. E,. 137 Mississippi P1. 4 15.00 R. D. Aldric' Fridley, I�linnesota 5b432 Fire Prev. A. C. Mattson 6320 Riverview Terrace N. E. 157 Mississippi P1. 4 15.00 R. D. Aldrich Fridley, htinnesota 55432 M07ION by Councilman Breider to approve the aforemeniioned licenses. Seconded by Councilman Utter. Upon a voice vote, al] voting aye, Mayor Liebl declared the motion carried unanimously. CONSIDERATION FOR REQUEST FOR TRAILER PERMIT BY LOCAL 683 U. A. W(AT fMC): ��OTION by Councilman Utter to approve the trailer permit request by the United Auto Workers at the F. hl. C. Plant in Fridley. Secon�ed by Councilman Starwalt. lipon a voice vote, all voting aye, fiayor Liebl declared the motion carried unanimously. CONSIDERATION OF REQUEST FOR 7RAILER PERI�1IT �Y BURLINGTON PJORTHERN TRANSPORT INC • MOTION by Counciman Nee to approve the request for a trailer permit as requested by Burlington Northern Transport, Inc. Seconded by Councilman Starwalt. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. CONSIDERATION OF SAC LAWSUIT CHARGES AND PARTICIPATION IN APPEAL: ��OTION by Cauncilman Breider to concur with the recommendation of the City Attorney for the participation in the SAC Lawsuit with the top'cost of the appeal being set at $1,000. Seconde d by Councilman Utter. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously, ESTIMATES: A. J. Chromy Construction Company 5051 West 215th Street Lakevi])e, riinnesota 55044 and Western Casualty & Surety Company . PARTIAL Estimate #4 for work on const�uction of Sanitary Sewer, Water, Storm 5e�ver Improvement Project No. 114 $21,654.06 �`: I t f E li � i � i !' � � ,� ;;, a , � " � � : �' x, i : REGULAR COUNCIL MEETING OF MAY 6, 1974 ESTIMATES CONTINUED: Les Standard Station 7680 T. H. 65 N. E. Fridley, Minnesota 199 PAGE 26 � I i . � � _ I Gas Purchases made by D, i�1. f�oyes Construction Company on Sanitary Sewer, 4�ater, Improvement Project No. 93 League of Minnesota Municipalities 300 Hanover Building 480 Cedar Street St. Pau1, Minnesota 55101 Labor Relations Subscription Services March 14, 1974 through March 14, 1974 Smith, Juster, Feikema, Haskvitz & Casserly Builders Exchange Building Minneapolis, Minnesota 55402 Services rendered as Prosecutor by Carl Newquist for April $ 480.51 2,250.00 1,295.00 . MOTION by Councilman Breider to.approve and pay the estimates. Seconded by Councilman Nee. Upon.a voice vote, all voting aye, iiayor Liebl declared the motion carried unanimously. APPOINTMENTS: NAME . POSITION EfFECTIVE DATE SALARY REPLACES Thomas Kennedy Probationa.ry May 10, 1974 Polic� Sergeant Kenneth Wilkinson Probationary May 10, 1974 Police Sergeant $ 1,189.00 New position authorized in 7974 Police Budget $ 1,189.00 Linus Fritz MOTION by Councilman Utter to appoint Patrolmen Thomas Kennedy and Kenneth Wilkinson to probationary Sergeants effective May 10, 1974. Seconded by Councilman Breider for discussion purposes. ' The City Manager said the retirement of Linus fritz, has created an opening and there is an additional opening that had been budgeted for. Councilman Breider asked if this was to be taken from the current operating budget and Mr. Nill, Public Safety Director said this.is true. f�layor Liebl asked if these two men had finished the highest in the test and Mr. Hill said this was the number one and number two highes�. in the test. hir. Hill explained through the Police Department new scheduling there is a need for six sergeants. UPON A ROLI CALL VOTE, all voting aye, Mayor Liebl declared the motion carried unanimously. COMMUNICATIONS: SPRING BROOK NATURE CEVTER F011NDATION: REQULST FOR SIGNING AND FENCING OF NORTH PARK: . The City Manager said the Administrati�on is looking into the request and he pointed ' out the memo from the Director of Parks and Recreation, f�1r. Paul Brown, He stated the problems are not going to be stopped by the installation of snow fencing. He indicated the CIty is doing all they can to stop the problems at the present � time, but, unless the area is constantly po]iced, this wo�ald not be enough. Mayor Liebl asked if there could be additional signs installed. The City Manager stated there are signs all over the area. �� REGULAR COUNCIL MEETING OF MAY 6, 1974 PAGE 27 Councilman Utter said there are signs on both sides of the trails and the vehicles drive right through them. Councilman Breider noted it is not possible to park a car up there w9th the installation of the snow.fencing. Councilman Starwalt said this is true, and it makes it impossible to even walk through the area. Councilman Starwalt said he would suggest the laws be enforced more actively. Ptayor Liebl indicated he wished those who are dumping in the area would be prosecuted. Mayor Liebl said the laws should be v9gorously enforced and authority should be given the Police Department to spend additional time in the North Park area. Councilman Utter said this would take someone posted in the area at all times. Councilman Starwalt said the abuses. should be stopped whether they are pedestrian or vehicular. h�ayor L9eb1 again stressed, the dumping shou7d be stopped. f�lOTION by Councilman Nee to receive the communication from the Spring Brook Nature Center Foundation dated May 1, 1974 concerning the request for signing and fencing the North Park site and also the memorandum from the Director of Parks and Recreation in reply to this request. Seconded by Councilman Utter. Upon a voice vote, a7] voting aye, Mayor. Liebl declared the motion carried unanimously. LEAGUE OF WOMEN VOTERS: THANK YOU FOR ATTENDING LEAGUE'S CONFERENCE: (�(OTION by Councilman Uiter to receive the communication from the League of Women Voters expressing thanks to those who attended the League's Conference and dated April 26, 7974. Seconded by Counci]man Nee. Upon a voice vote, all voting aye, Playor Liebl declared the motion carried unanimously. RECEIVING THE SETTLEMENT PROPOSAL REGARDING METRO 500, INC., VS. CITY OF FRIDLEY: Pi0TI0N 6y Counciiman Utter to receive and concur in the settlement proposal regarding Metro 500, Inc., vs. City of Fridley. Seconded by Councilman Breider. Upon a voice vote, al7 voting aye, i;ayor Liebl declared the motion carried unanimously. ADJOURNMENT: MOTION by Councilman Utter to adjourn the meeting. Seconded by Councilman Starwalt. �pon a voice vote, all voting aye, .�layor Lieb7 declared the Regular meeting of the Fridley City Council of May 6, 1974 adjourned at 2:32 A.M. ' Respectfully submitted, �� /� G'�,c.a- �te-»-c_. Patricia Ranstrom Secretary to the City Council <��„� �-� , /�/l%' �ate pprove � � Frank G. Liebt, Mayor i 4 � FRIDLEY CITY COUNCIL MEETI,NG . . ', �LEASE SIGN NAME ADDRESS AND ITEM NUMBER INTERESTED IN DATE: :�� :•� /� ,�/� ��u .. AME ADDRESS � � ITEM NUMQER -_--�_____________________________________________________________________________ ______��_� -: � > d.� �'.� � s � �'� � � ,��,� � -� � .fr ��`" ! 3 b �� 5�� i,ti�'GL� � � � l� . � `�� 1.�" �i � .-'�.�� 0 G v-i-�« !i� � ,. e /'� `�� . � / �� 0 1 !!�— /Ji.Z.G' � tA r� c'A J1 Jf_ ��• ��S �� (� j y�? �%las�,�r , �. , . �i�� wrr�i��■ r . /� � , � Iri� r , , �. - � ��;!//' - � , _-�_ - , � . ,/ / /. _ /- � �'�1 . ► , y�. l. 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I �LEASE IGN NAME ADDRESS AND ITEM NUMBFR INTERESTED IN� DA7E: AME ADDRESS ITEM NUMBER -� -- --- � --�J----------------------- -----L -___-_ ---_-_-_-_-= v -==---0--=--=f-====_-_____ /Z- �w � �e YI lM , � ,� � � --- . � . �� - ' /3 �� , "G� � � 1 � � � ��. -2�-�.- �r .� ��'- � � �� ! � � �'� `� � �=a � ��7 � �� - /� , 4 � �-� , � �-t„ � /`"`�-*;� � 3 ( "i;: � , � -- - � ._> , . . ��' �-;� ,r , t� 'S �/�% �'r�/�'.f ��l } �!c;',� c%/ � �ii ' ,� i� d �.j s,� oo �,� , �J. c� �� Y -�-� �.,� h . �' � c�; � � , 2�i�� ,�..�,-�n�, , �� z �' .� �, ;%� ' =�'�/ � U �' �'�-,.�� '.�' �s'�� o �' � � r �, .�. �� = �� i � � ' �^ / �l j �' S h� -� .��:s—a � .�'�-�--L� S3 /� �'�'�� 7 7> ,��e > � :�- C /�7 � �,� ��. „ � � � � )3 ��. �� P `�� ,� i.� /� �-� / �--- i�� `�'' / z�� . � � — '� �. �� ` � .�� ,� �L ,��"�';_ �;� %'S—y�.S— ��,�� /--�,.,� � � /v � � c�.� v.J �✓ /� �� g-�� _� Z�'"P � f v, �� ;��o_.��.� �� I 3 � � _ `� �--�-�'c �-�-R � � �, /T r ��' ' �� /�- l� i� �� FK��EY CITY COUiJCIL - REGULAR MEETIPdG - MAY 6, 1974 - 7:30 P, M. �PLE�GE OF ALLEGIAiVCE: I ��VOC�1T I Oi� : ROl.L CALL: PI�E:SE(dTAT I OiJ OF AWARDS : CERTIFICATE OF APpRECIATION -�tMERICAN FIELD SERVICE STUDENTS � I LL .JALLA I S �UERGEN GERHAEUSSER �AVIER TARIFA APPROVAL OF M I i�UTES : I�EGULAR MEETING OF APRIL 1, 1974 PUBLIC HEARING OF APRIL g, 1974 �j�Q � !l'LV �� > � 6 �I r VISITORS: ( CONSIDERATION OF ITEMS NOT ON AGENDA - 15 MINUTES) `tt�GU LAi�. MEET I i�G, MAY 6, 1974 , ULiI �US I i�ESS : . _ PAGE 2 CONSIDERATION OF RESOLUTION RECOMMENDING APPOINTMENTS TO THE METROPOLITAN COUNCIL AND TNE �IETROPOLITAN . WASTE �ONTROL �OM�1I SS I ON �TABLED 1-15-74) � � � . � � . � ]. - ]. I iVEW BUSINESS: RECEIVING THE I�'�1NUTES OF THE PLANNING COMMISSION I'�tETI NG OF APR I L 1�, 1974 � � � � � � � , . � . . . . � , , 2 - 2 Q KECEIVING THE �`�INUTES OF THE BOARD OF APPEALS �EETING OF APRIL 23, 1974. . � , � � � . , , �� . . � � . � 3 -- 3 i� . i • REGU LAR i�ItET I iVG, MAY 6, 1974 PAGE 3 iV�W Bt1SINESS (COi�TINUED) KECEIVING THE MINUTES OF THE BUILDING STANDARDS - 1JES I GN �ONTROL MEET I NG OF APR I L 25, 1974 ��. 4�- L} j RECEIVING THE MINUTES OF THE ENVIRONMENTAL QUALITY �OMMISSION MEETING OF APRIL 9, 1974� ��.��5 � 5 H 0 � REGULAK MEETI�VG, MAY 6, 1974 PAGE 4 iVEW BUSIiVESS (CO�VTIfJUED> KECEIVING THE f�ESPONSE TO THE PROPOSED ALTERNATE TREE PRESERVATION ORDINANCE ADOPTED BY THE PLANNING COMMISSION FROM THE COMMTTTEE OF INITIATIVE PETITION � SPONSORS AND DISCUSSION REGARDING CITY�S COURSE OF ACTION ON THIS ISSUE� . � � � � � � f � � . , � , , � � � 6 - 6 0 RECEIVING STATUS REPORT ON ENVIRONMENTAL QUALITY ASSESSMENT STATEMENT. � , , � � . , . � � � � � � � � � . � CONSIDERATION OF A REPORT REGARDING TNE FEASIBILITY OF �OOPERP►TION WITH ANOKA COUNTY IN ESTABLISHMENT OF A i�IATURE INTERPRETIVE PROGRAM AND CONSIDERATION OF APPOINT- MENT OF A l�ATURAl.I ST � � . . � . . . . . . . � . . . . . , g " � � � . REGU LAK MEET I iVG, MAY 6, 1974 ,f�EW BUSIiJESS (CONTINUED) PAGE 5 RECEIVING THE MINl1TES OF THE PARKS AND RECREATION COMMISSION MEETING OF aPRIL 22, 1974� � � . � � � . � � . 9-9C t�ECEIVING A REPORT ALONG WITH TNE COMPREHENSIVE PARKS A�JD'RECREATION PLAN RECOMMENDED BY THE PARKS AND RECREATION �OMMISSION� � � � � � � � � � � . . . � . � 1� �- 10 A iI�OTE: THE PLAN IS IN YOUR' AGENDA FOLDER) CONSIDERATION -0F APPROVAL OF PURCHASE OF SWANSON pROPERTY FOR RUTH �IRCLE pARK � � � � � � � � � � � � . � 11 - 11 D CONSIDERATION OF A PRELIMINARY REPORT REGARDING TNE SECOND STAGE OF THE SIDEWALK IMPROVEMENT PROGRAM CONCEPT, , , , , , , , , , , , , , , ; , , , , , , , , , , 12 -- 12 B �EGU LAR �IEET I�VG, MAY 6, 1974 _ _ _ PAGE 6 '►VEW BUS I �ESS (COi�T I NUED) - CONSIDERATION OF A PROPOSAL FOR CONSTRUCTIDN OF A fOWER FOR ANTENNA PURPOSES TO BE LOCATED AT THE 53RD AVENUE AND �OHNSON 1'�i MILLION GAl.LON RESERVOIR, BY " f°�IDWESTERN RE�AY COMPANY FOR GENERAL TELEVISION, INC. �. 13 � 13 H , CONSIDERATION OF ��IVO PARKING" SIGNS ON SATELLITE �ANE Af�D i�ECEIVING pETITION #6-1974 TN �PPOSITION TO BANNING OF AUTO PARKING ON SATELLITE LANE� ��,. 14 � 14 C CI�OTE: BACKGROUND DATA IS IN YOUR AGENDA FOLDER) RECEIVING bIDS AND AWARDING CONTRACT FOR STREET � IMPROVEMENT PROJECT ST, 1974-4 ��ISSISSIPPI STREET IMPROVEMENT)�BIDS OPENED MaY 2, 1974, 11:30 A,M,). ,,,�, 15 - 15 A 0 . ��GULAR i�IEtTIi�G, i�IAY 6, 1974 ,iJtW �USINESS (CO�dTINUED? PAGE 7 I�ECEIVING BIDS AND AWARDING CONTRACT ON PLAYGROUND EQUIPMENT �BIDS OPENED APRIL Z5, 1974, 11:�� A��)� ��, 16 -; 16 A t�ECEIyING READVERTISED BIDS FOR LIQUOR STORE FIXTURES AND EQUIPMENT ��PENED MAY 2, 1974, 11;�� A�M�)� �� 1� — 17 D NUTHORIZING THE P�IAYOR AND CITY MANAGER TO SIGN THE LEASE FOR THE HOLLY LIQUOR STORE� � . � � . � � . . � , , 1S -- 18 I � I.ONSIDERATION OF ADDITIONAL COST FOR LQTS IN SPRING �AL.LEY ADD I T I ON � . � . � � � � � � . , � � . , , � , , , 19 - I9 � J REGULAR MEETIPdG, MAY 6, 197� PAGE 8 ir�i�l BUSIidESS (COfVTINUEll) , t�EVIEW OF STATUS OF APPROVING VARIANCES FOR A i�ESIDENC� ON LOTS 33 AND 34, BLOCK A, RIVERVIEW iiE I GHTS � � � , � . � �� . � � ,. , ' ' ' , � � � � ZO - ZO � CONSIllERATION OF OFFER MADE BY THE INSURANCE COMPANY OF $t1BURBAN ENGINEERING - PRO��cT #103, , , � , , � � , , 21 — 21 D CONSIDERATION OF REFERENDUM TO ALLOW CITY TO ISSUE ��ORE ON-SALE LIQUOR LICENSES� � � � � � � � � � � , . � � �2 - 22 � 0 �. REGULAR MEETIi�G, MAY 6, 1974 PAGE 9 i�EW BUSIi�ESS (COIVTIIVUE�) �'CONSIDERATION OF A RESOLUTION ORDERING IMPROVMENT, APPROVAL OF PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENTS FOR BIDS; STREET IMPROVEMENT PROJECT ST. 1974-IO CSEALCOATING)� � � � � � � � � � � � �23 � 23.A . CONSIDERATION OF A RESOLUTION ORDERING IMPROVEMENT, NPPROVAL OF PLANS AND SPECIFICATIONS AND ORDERING KDVERTISEMENT FOR BIDS: WATER, SANITARY SEWER AND � $TORM SEWER IMPROVEMENT PRO��c-r #115� � � . , � � . � , . 24 - 24 � (,ONSIDERATION OF A RESOLUTION AUTHORIZING TNE ACQUISI- TION OF aDDITIONAL EASEMENTS AND RIGHTS OF WAY FOR t�ATER, SEWER AND STREET IMPROVEMENT PURPOSES UNDER � $TREET IMPROVEMENT PROJECT ST, 1974-1 aND ST� 1974-2� .� 25 � REGULAR MEETIidG, M�iY 6, 1974 PAGE 10 idEW BUS I I�ESS (COfVT I NUED ) , _ CONSIDERATION OF A RESOLUTION ADVERTISING �OR. �IDS FOR CHAIN LINK FENCE - COMMONS PARK � . � � � � � � CLAIMS� � � , � � � �� . � .� � � � . � . � . � CONSIDERATION OF MICHAEL SERVETUS UNITARIAN SOCIETY i�EQUEST TO HOLD ANNUAL AUCTION AND FOR WAIVER OF FEE� �� 26-26A 27 � LICENSES, � � � � � � � � � � � � � � � ' � � � � � � � . � � Z9 � Z9 C .I ' • t�E:GiJ Lr�r� f�IEET I �dG, MAY 6, 1974 PAGE 11 � �, �JE`�i dUS I i�ESS (CO�vT I rdUED ) CONSIDERATION OF REQlJEST FOR TRAILER PERMIT BY Loca� 683 U , A , W , (Ar FMC ) , , , , < < . . , . . , . , , . 30 - 30 A CONSIDERATION OF REQUEST FOR TRAILER PERMIT BY tiURLINGTON ►�ORTHERN TRANSPORT� INC� � . � � � � , , . , , 31 CONSIDERATION OF SAC LAWSUIT CHARGES AND PARTICI- . PAT I ON I N APPEAL . � . . � � � � � � . � • � . � � � � � 32 — 32 E �STIMATES. � � � . � . . � � � � � � � • � � � . , . , . 33 � 33 I NPPOINTMENTS: POLICE llEPT� � � � • � � � � � � � � � � , 34 � 34 A REGULAR MEETIiVG, MAY 6, 1974 PAGE 12 COi�MUN I CAT I O�r'S : ,, _ SPRINGBROOK I�ATURE CENTER FOUNDATION: REQUEST FOR SIGNING AND FENCING OF NORTH PARK� � . , � � � � � � � , . , LEAGU£ OF WOMEN VOTERS: THANK YOU FOR ATTENDING LEAGUE � S CONFERENCE � � . � � , . , , , , � � � � � � � � 35 36 OTHER ITE1�S c �ECEIVING THE SETTLEMENT PROPOSAL REGARDING METRO �00, I NC � VS � C I TY OF FR I DLEY � . � , � � � � . . � , � . 37 — 37 A , ' 1 0 0 THE MINUTES 0� THE REGULAR MEETING OF TNE FRIDLCY CITY COUNCIL OF APRiL 1, 1974 � �I � � � � � � � � � � i � � wr ^ `7� TNE MINUTES OF TNE REGULAR MEETING OF THE FRIDLEY CITY COUNCIL OF APRI! 7, 1974 The Regular Meeting of the fridley City Council of April 1, 1974 was called to order at 7:44 P. M, by t�layor Liebl. . PLEDGE OF ALLE6IANCE: . f�layor Liebl led the Council and the audience in saying the Pledge of A1]egiance to the Flag. INVOCATION: The Invocation was offered by Mayor Liebl. ROLL CALL: f�1EMBERS PRESENT: MEMBERS AtiSENT Mayor Liebl, Councilman Utter, Councilman Nee, Councilman Breider, and Councilman Starwalt. None. PRESENT/�TIOIJ OF AWARD: CERTIFICATE OF APPRECIATION: ��1R. GARY STIMMLER, PARK AND RECREATION COMMISSION: Mayor Liebl.said Mr. Stimmler had called and said he would not be able to attend the present meeting. ilayor Liebl read the inscription on the Certificate of Appreciation aloud to the Council and audience. �. � i Mayor Liebl directed the Administration to forward the Certificate to Mr. Stimmler. APPROVAL OF MINUTES: PUBLIC HEARING MEETING OF TNE FRIDLEY CITY COUNCIL OF MARCN ]1, 1974: hi0TI0N by Councilman Utter to adopt the minutes of the Public Hearing Meeting of the Fridley C9ty Council of March 11, 1974 as presented. Seconded by Councilman Starwalt. Upon a voice vote, all voting aye, P�1ayor Liebl declared the motion carried unanimously. ADOPTION OF AGENDA: (�IOTION by Councilman Breider to adopt the agenda as presented. Seconded by CounciTman Utter. Councilman Utter asked Counci7man Starwalt if he had asked some of the residents in the area of the proposed plai by Goodco Builders to be present at the meeting. Ne said he thought because the matter of the settlement of the Thielmann property had not been settled, the matter would not be discussed at the present meeting. ' Mr, Larry Lembke, 1505 ferndale Avenue N. E. questioned the Council on the status of the plat. The City Manager said he had met with the representatives of Goodco Builders, i�r. Dropps and Mr. Goodroad, last week, and again that afternoon. He explained there had been some kind of agreement with Mr. Theilmann, �ut Mr. Theilmann's lawyer had come up with a question in the agreement. He said those direetly concerned in the agreement would advise the City when this question is resolved and this matter would be put on the agenda again for Council consideration. He said he would not want the Counci7 to take any action on the matter unless all of the parties concerned were in attendance at the meeting. UPON A VOICE V07E, ali voting aye, F1ayor Liebl declared the motion carried unanimously and the Agenda adopted as presented. . Ti�e C7ty Manager said he would direct the Administration to send written notices to a]] those concerned with the Rice Creek Estates Plat when there would be further discussion or action by the Council, he repeated, tiiose concerned would be advised by letter. VISITORS: t�iayor Liebl asked if anyone present wished to address the Council and there was no response. 3 � � ULAR MEETING OF APRIL 1, 1974 � � • i 0 D BUSINESS: � , )F APPROVAL OF DIRECTIONAL SIGN FOR UNITY HOSPITAL: PAGE 2 i�J T e Assistant Engineer, Mr. Dick Sobiech, addressed the Council and explained the background o the requests for variances for two signs, one, a directiona] sign and the other an ergency sign. He said the directional sign variance request was from a six square foot s'gn to a 24 square foot sign. He said the next sign, the emergency sign, request was from s'x square feet to 75 square feet. He pointed out a diagram of the emergency sign to the C uncil. Fle advised the Council that the Board of Appeals had recommended the directional sign,from six feet to 24 feet, be denied, and the Board of Appeals had tabled the request f r the variance for the emergency sign, from six to 75 square feet. ' ayor Liebl said the emergency sign variance had been approved at the 7ast meeting of the i ouncil. The City Manager said the item had been brought back to the Council because �j here had been no ment9on of the directional sign at the last meeting and the petitioner ; ad requested approval of both of the signs. � � I� u � � � � 1 �� . i � ; � � �r. Charles Peugh, Signcrafiers, addressed the Council and said the directiona] sign would' e far enough back from the street to not interfer with vision and it would not be in the ; riveway. ' tr. Peugh explained the other directional sign would be to direct de]iveries, erop]oyees, nd those wishing to find the auditorium. One of the purposes of the sign would be to o.tify the visitors to the hospita7 that this is noi the entrance for visitors of patients. i e explained if someone visiting a patient parked and tried to enter this section, they ould have to walk around the bui7ding because this entrance is u�ually iocked. � i ouncilman Breider said he had a question concerning the elimination of problems with dditional traffic on Lyric Lane. He recalled in the original plannirg of the addition to the hospital, th2re was a cut from two to one entrance to the hospital on Lyric Lane. He said if the proposal is looked at in light of all of the exits and entrances to the hospita], this would be needed for direction. Councilman Breider further commented that the hospital was merely implementing the present plan to meet the requirements of the City to direct the traffic to Osborne Road and not Lyric Lane. He said he could not see any problems with the proposed signs. I MOTION by Counciiman Breider to approve the variances for both the directional and the I emergency signs as requested by Unity Nospi�al. Seconded by Counci7man Utter. Upon a ; voice vote, all voting aye, t1ayor Liebl dec7ared the motion carried unanimously. ; Ii�EW BUSINESS: RECEIVING THE MINUTES OF 7HE PLANNIPdG COMMISSION MEETING UF MARCH 20, 7974: UEST FOR SPECIAL USE PERt�IIT SP #74-02, DAVID COPPERNOLL: PER FRIDLEY CTTY . t.. The City Manager pointed out this request was for a special use permit and the Planning Commission had recommended approval of the request with three stipulations. He said this construction would be a shed. HOTION by Councilman Starwalt to approve the request for the special use permit as requested by Mr. David Coppernoll for 1328 66th Avenue N. E., for the construction of a storage building and �•aith the three stipulations as recommended by the Planning commission. SECOnded by Councilman Utter. Upon a voice vote, all voting aye, ,�iayor Liebl declared the motion carried unanimousl.y. TREE ORDINANCE: • �+layor Liebl referred to the recommendation�of the Planning Commission and said the Commission had indicated the tree ordinance as petitioned wou7d not be acceptable, and they recommended the staff come up with a draft of an ordinance which would be workable and acceptable by the petitioners. � The City Manager said the ordinance had been prepared and he hoped that it could be reviewed the next week and presented to the Council at the next regular meeting. He, said the staff had been working on the response to the Planning Commission request. . . �� - ------._ _--- —_ __ _ _ _ ..i � ---�-__..___ �__ ____.___ _____ _____ _______ ---__ _ �� , � � � l_ _J � J � ; _1 � __. _ _ . _ __ __ _. �126 REGULAR COUNCIL MEETING OF APRIL 1, 1974 PAGE 3 MOTION by Councilman Utter to receive the minutes of the Planning Commission Meeting of March 20, 1974. Seconded by Counciiman Breider. Upon a voice vote, all voting aye, Mayor Lieb1 decla.red th� motion carried unanimous7y. Councilman Starwalt said he had attended the meeting of the Planning Commission and he commended Chairman Fitzpatrick on the handling of the meeting: He said it was practical with no heated discussions and very informative. He said the staff and the P7anning : Cor�unission had worked diligently to research the matter. RECEIVING THE MINUTES OF THE BUILDING STANDARDS-DESIGN CONTROL SUBCOMMITTEE MEE7ING OF - MARCH 21, 1974: IDERATION OF A REQUEST TO CONSTRUCT A_NEW BUILDIPlG OF BRICK AND CONCRETE The Assistant Engineer said this request was for an add�tion to the existing buiiding at 7891 Elm Street and the matter was being discussed for a number of variances within the minutes of the Board of Appeals also. He explained the request for the variances in the side yard set back to be from 20 to zero feet. f�layor Liebl read aloud the stipulations as recommended by the Build�ng Standards- Design Control Subcommittee. Couniclman Breider asked if the construc�ion as requested would follow the plan for the area. "4r. Sobiech said yes. He pointed out the location of the proposed construction on an area map. Playhor LiebT said this building would fit into the overall development of the area. The City Manager said the building on the other side of the property in question would be built by Mr.Uick Harris and he had agreed to building a similar structure with a common wall. Councilman Utter questioned if the bui7ding would be free standing without the use of the existing wall. Mr. Paschke, Paco Masonry, said this was correct. He said the construction of the Harris building would not abut this presently being proposed structure. Mr. Paschke said he has more projects in the area, and they would have to be seen to understand the implications of the plan. He said this type of plan would eliminate the trash containers being placed between the buildings, the sidewalks from the bui7ding to the street and the on street parking. He stressed this type of construction with the parking in the back of the building discourages on street parkir�g. He said al1 of ihe green area would be on one side, Councilman Breider said he would have no object�on to the construction of the building. He added, the usage of the lots of the area has intrigued him, in order to construct a good size buildiiig, one would have to purchase ihe whole block. He said this type of construction has made some substantial improvements in the area. Councilman Nee questioned the fnstal7ation of on7y three parking stalls: He added, some businesses of this size are required to have 11 to 12 stalls. He said he did not know what kind of business would need only three parking stalls. The City Manager said it is only in the industrial areas that this kind of parking limitation is used, lie eXplained the requ9rements in the cocrmercial.areas would be much higher. He further explained in the smail manufacturing business, there may be on7y two to three employees. The City Manager said the three buildings wouid be very contiguous and they had tried to work this dut with the zero setbacks. The City Manager questicned the possible installation of the seven parking sta7ls. Mr, Paschke explained there is a great difference (202 feet) in setback between the large building and this building. He said the cars could be stacked and seven spaces could be installed. MOTION by Gouncilman Breider to approve the request for the building as requested by Paco Masonry for 7891 Elm Street N. E. with the four stipulations recommended by the BuiTding Standards-Uesign Control Subcommittee. Seconded by Councilman Utter, Upon a voice vote, all voting aye, hlayor Liebl declared the motion carried unanimously. Councilman Breider said the remairider of the requesis for the construction of this building from the minutes of the Board of Appeals Meeting of March 26, 7974 should be taken care of at the present time. REGULAR COUNCIL MEETING OF APRIL 1, 1974 REQUEST FOR A VARIANCE OF: SF.CTION 205.134. 4B 12�: PAGE 4 .EY CITY CODE, TO REDUCE THE :, FROM 2Q FEET TO ZERO FEET ;KING SE7 ACK, FROM LOT LINE, :TY LIPdES, TO ALL06J 7HE CONSTRUCTI (From minutes of Board of Appeals Meeting of March 26, 7974.) MOTION by Councilman Breider to approve the variance requests as made by Paco, Incorporated to allow the construction of a building at 7897 Elm Street N. E, Seconded by Councilman Utter. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. MOTIOfJ by Councilman Breider to receive the minutes of the Quilding Standards-Design Control Subcommittee Meeting of March 27, 7974. Seconded by Counci;man Utter. Upon a voice vote, all voting aye, PAayor Liebl declared the motion carried unanimously. RECEIVING THE MINUTES OF THE BOARD OF APPEALS SUBCOMMITTEE MEETING OF MARCH 26, 1974: A REQUEST FOR VARIANCES OF: SECTION 205.065, 2, FRIDLEY CITY COQE TO REDUCE THE G RAGE STALL REQUIREP1ENTS FROM 1; STALLS PER UNIT TO 1 STALL PER UNIT SEC7ION 205.065 ING 7884-91 FIRl�;00D WAY Mayor Liebl summarized the requests of the applicant and said the recommendation of the Board of Appeals was that the hard surface driveway be instalied.one year fram the present time, Mr. Larry Miller, 7889-91 Firwood Way N. E, addressed the Council and explained the reason he tvas requesting the variance is because tl�e driveway is on the property line between his and the adjoining lot. He explained the adjacent property owner to be a widow who does not have a garage and could not handle the expense of half of the driveway. He pointed nut that due to the eneryy crisis, oi] and the materials required for the installation af the driveway had increased in price and decreased in supply to the contractors. Mr. Miller advised the Counci] that Mr. Darrel Clark, Community Development Admin- istrator, had suggested to him to requesi the instailation of the crushed rock • rather than 7eave the drive with no surface at a17. i�lr. Miller said he would like to put in gravel with some binder in it, He explained the feelinys of the Board of Appeals that the crushed rock wouid be spread onto East River Road and thrown about by the traffic. Mayor Liebl said he would suggest the Counci7 grant the variances, and also extend the time period for the installation of the hard surface driveway to two years because of a financial hardship, lie ppinted out that it is required by the City that ali new constructions put in a hard surface driveway, He said this is important for the maintenance of the streets and sewers of the City. Mr. Milier said he would be willing to put in some sort of stable material. He j explair.ed a neighbor had installed some material which was not suita5le and his ' snowblovaer picked it up. He said the same neighbor tried another material and I this seems to be stabie enough to not be picked up by the snowblower. ! Councilman Nee said he had also visited the site and this was on a very wet day and the i present driveway was not soft, but, v ery f;rm. Ne said he would also want the � driveway paved someday, but he was happy t,o hear that there was a garage being ; built there. Ne continued sa,ying he would;not want to add this financial burden to the property owner at the present timee Ne mentioned the dra9nage conditions to be such that the driveway would not drain into the street, and this wouid be no problem in this area. He said the excess water flows in a drainage ditch. i�107I0N by �ouncilman Nee to grant the variances requests by Mr.. Larry Miller for the � � � � � i � , __ _ _ _ __ _... __ __ : _ � $ REGULAR COUNCIL MEETING OF APRIL 1, 1974 PAGE 5 construction of a double detached garage with no restrictions on the surface of the driveway: Seconded by Councilman Utter. Upon a voice vote, a71 voting aye, Mayor Liebl declared the motion carried unanimously. Councilman Nee said he would not want the motion to contain any reference to the installation of the surface material, h� believed the present surface would be sufficiently firm and very solid. A REQUEST_FOR A VARIANCE OF SECTION 205.053, 4C, FRIDLEY CTTY CODE, TO REDUCE THE 0 0 The City Manager recalled the Council had taken action on this request before the request was considered by the Board of Appea7s, and the Council action had indicated the Council would concur in the decision of the Board of Appea7s. He explained the Board of Appea7s had approved the request for the variance. MOTION by Counci]man Utter to concur w9th the recorr�nnendation of the Board of Appeals and approve the variance request by Mr. Curtin Johnson, for the construction of a dwe]]ing at ]413 Innsbruck Drive N. E, Seconded by Counci7man Breider. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. A REQUEST FOR VARIANCES OF SECTION 205,152,2, FRIDLEY CITY CODE, TO DECREASE THE - —�---- ..__�....,, ..... .,,,.,� .,�a,.0 ,�., ,.,",,,�u� ,.,,� �,. L.� ��.�„��, �,.�.,,�.,��,,. REQUEST BY MR. K�(dNETH CEHR; 68 T LMADGE 6JAY N. E, FRiDLEY, P4INNESO7A 55432 : h10TI0N by Counci7man Nee to concur with the recommendation af the 8oard of Appea]s and approve the request for variances as requested by Mr. Kenneth Lehr, 168 Talmadge Way N. E. Seconded.by Councilman Breider. Upon a voice vote, a71 voting aye, Mayor Liebl declared the motion carried unanimously. A�REQUEST FOR VARIANCES OF: SECTION 214.0315, FRIDLEY CITY SIGN ORDINANCE. TO ALLOW � TO ET The City Manager advised the Council that the Board of Appea7s had recommended approval of the request for the sign. MOTION by Councilman Nee to concur in the recommendation of the Board of Appea7s and grant the sign variances request by P1idland Cooperatives. Seconded by Councilman Breider. Upon a voice vote, a11 voting aye, Mayor Liebl declared the motion carried unanimously. A REQUEST FOR VARIAPlCES OF: SECTION 205.734; 48, FRIDIEY CITY CODE, TO REDUCE THE , rrciu�tr, ��i The City Manager said this iiem had been taken care of earlier in the meeting during the discussion of the Building Standards-Design ControT Subcommi•ttee meeting and the requests fior the variances had been approved. A REQUEST FOR A VARIANCE OF SECTION 205.103, 4, Q1, FRIDLEY CITY CODE, TO DECREASE `^) �) JV1\Y4..1 1\V• 1./� JLV EAST l2IVER ROAD N. E., FRIDLEY, P4INPJESO . REQUEST QY RIVERSIDE C R SH, S ft ER RO�D N. E., FR ��[Y, I NE �i��— The City Manager said there was no action necessary on this item at the present time. . _ ___ _ _ __ _ ION _ . __ __ _ _ ____ _ _ .__. 6 � � COUNCIL MEETING OF APRIL l, 7974 1G� PAGE 6 EST FOR VARIANCES OF_SECTION 214.0313, FRIDLEY STGN ORDINANCE. TO I ayor LiebT said this request had been taken care of eariier in the meeting when the ouncil acted to approve both requests. MOTIO by Councilman Breider to receive the minutes of the Board of Appeals Subcommittee meeti g of March 26, 1974. Seconded by Councilmar. Utter. Upon a voice vote, all voting aye, ayor Liebl declared the motion carried unanimously, RECEI ING THE MINUTES Of THE PARK AND RECREATION COMMISSION MEETING (3F MARCH 4, 1974: MOTIQ by Councilman Utter to receive and' concur in the minutes of the Park and Recreation Commi sion meeting of March.4, 1974. Seconded by Councilman Nee. Unon a voice vote, all votin aye, Mayor Liebl declared the motion carried unanimously: RECEI ING 7HE P1INUTES OF THE FRIDLEY HUMAN RELATIONS COMMITTEE MEETING OF FEBRUARY 21, 1974: MOTI by Councilman Breider to receive the minutes of the Frid]ey Numan Relations Committee meeting of February 21, 1974. Seconded by Councilman Utter. Upon a voice vote, all voting aye, t�layor Liebl declared the motion carried unanimously, Mayo tiebl asked the other members of the Counci7 if he vaould be authorized to appear befo e the Committee as the minutes indicated the Committee had requested. The Council conc rred in approva] of Mayor Lieb7's appearance before the Human Relations Corr�tittee. RECEIVING THE MINUTES OF THE ENVIRONMENTAL QUALITY COMMISSION OF MARCN 12. 1974: MOTI N by Counci]man Utter to receive the minutes of the Environmental Quality Commission of M rch 12, 1974. Seconded by Counciiman Breider. Upon a voice vote, ail voting aye, ;�layo Lie�l declared the motion carried unanimously. Coun ilman Nee questioned if there had been any action or determination on the disposal perm t for an industry in Fridley. Mayo Liebl asked if this would be the Onan plant. Ne said thfs permit have been approved by t e Federal authorities and the 'P. C. A. ` The ssistant Eng9neer explafned the material to be disposed of as water that is used in the cooi ng of the firm's equipment. He said the water had been determined safe because it did not aise the temperature of the creek water beyond the temperature level set. Coun ilman Nee said he would like the background on the conservancy ordinance and the � City Manager said this would be provided to the members on the Council. RECE VING P.EPORT OUTLINING THE CONCERNS AND POSITIVE ACTION TAKEN SY THE CITY OF fRIDLEY �REGA DING THE PR ANU I i� � 1955 TO PRESEN7: ING STATUS REPQRT REGARDING THE CITY OF FRIDLEY REQUEST T0 THE RICE CREEK 4dATERSHED CT REGARDING STUUIES AND IMPROVEPiENTS OF P,ICE CREEK ANU LOCY.E CAKE: Mayo Liebl said the staff has furnished the Council a report ��ahich includes all of the acti n of the City since 1955. He explained this information included a reference check for 11 availabie material concerning the Rice Creek and Locke Lake areas. He said the ecommendations in the consultanis' survey were good ones and the recommendations in the . Assi tant Engineer's report were excellent. � I � i � i 1 ;� MOTL N by Councilman Nee to expr.ess support of the Hickok study proposal for Phase I which would include Public fiearings, staff ineetings and discussions with the people af the area. Seconded by Councilman Breider. Councilman Starwalt questioned the expenditure for the phase one and phase two programs as explained by the Consultant. Mayor Liebl said the City would share the cost with i;he '' �, other governmental groups involved, Counci]man Nee said this wou7d not indicute that � Fridley would be paying the amount alone, they would just express support of the program: �; . Ii � �� _ _ _ � e � ---- - - - - _ _ _ _- _ _ . . _ _ -- __ - - . _ _ _ _ __ __--- - _--- -- -- --- , i�Q . ; � � � � REGl1LAR COUNCIL MEETING OF APRIL 1, 1974 PAGE 7 ; The City Attorney said the Rice Creek Watershed District may have the funds to completely � i take care of the project from their general budget. � Councilman Nee said it would take sometime for the fridley staff to provide the necessary j information to the Watershed District. UPON A VOICE VOTE, all voting aye, Mayor Liebl declared ihe motion carried unanimously. Councilman Nee said he would like the report which was compiled by the Assistant City Engineer, �Ir, D9ck Sobiech, to be distributed to a17 of the people of the area. He stated, this was well done. Mayor Liebl said this should be sent to the people on Rice Creek also and the members of the Locke Lake Home Owner's Association. RECEIVING REPORT REGARDING IMPROVING RETURN ON TNVESTMENT IN THE MUNICIPAL LIQUOR STORE vr[ttHI lUIVC " � Mayor Liebl asked the Liquor Store Manager, Mr. Bob McGuire, if he agreed with the contents of the report. Mr. I�cGuire said he had met with the City Manager and the Finance Director and he concurred with everything in.the report. Councilman Breider said he thought the report presented a good pr�pQSal and the net profit in the plan would be 12'z% and this is what the Council had asked.the Administration to prepare. He stated when the two managers accept taking a reduction in salary, he believed it would also be possib7e to negotiate with the remainder of the employees when and if the contract comes due, and there is or is not an increase in the profits of the operation. He said if the stores begin making a profit, their salaries could be increased. He stated he believed these salaries should be based on performance, and if the performance was not satisfactory, things could get tough. He said the Manager should inform the people and determine if the performance is adequate. Counci7man Nee said he was impressed with the fact that the Manager and Assistant Manager had agreed to the decrease in salary to eliminate the decline in profits. He quoted "a camel is a horse that had been designed by a committee", and commented he felt the Council should review the report and not run the operation. He said he cou7d not see where the municipal operation could be run to compete v�ith the private business with their many intrigUing wines and expensive stock which is not fast moving. Ne said the municipa) operation would not be able to put together parcels like the private operation cou7d. He hoped the members of the Council were co�nizant of this fact. Counciiman Nee said he felt the report presented is a good set of guidelines and he would like to adopt it for operation. P10TION by Councilman Nee to adopt the "Report Regarding Improving Return on Investment �I in the Municipal Liquor Store Operations" as a guideline for the liquor operation, Seconded by Councilman BreideN. Councilman Breider said he believed the Council should make a monthly review of the liquor store operation. Mayor Lieb] said the operation has an annual audit. Mr. McGuire said the quarterly report would be submitted, and this would give the Council the financial statement every three months. UPON A VOICE VOTE, all voting aye, Mayor Liebl dec7ared the motion carried unanimously. CONSIDERFITION OF FUNDIPIG THE NUCLEUS CLINIC: . � Mayor Liebl read aloud the recommendation from the staff prepared by the Administrative Assistant, Mr. Peter Heriofsky, which was in the Council Agenda. . MOTION by Councilman Utter concur with the recommendation of the Administrative Assistant and authorize a contribution of $1,000 to the Nucleus Clinic - North Suburban Youth Service Center, this year with reconsideration of additional contribution afier the findings of Anoka County are received. Seconded by Counciiman Nee. Councilman Starwalt said he could not support such a move for various reasons, He expressed concern of the Center keeping information from parents of those who are patients at the Center, saying th9s weakens the family structure. Ne said his second concern is the lack of the Center to make a concentrated effort to collect fees from the people attending the Clinic. Mrs. Fitzpatrick said the Center has begun to collect fees from the people obtaining aid, at the Clinic. She recalled a recent evening where 24 patients were in attendance at the � � � � � � � � r--� �� I � I I � � � I � � � � � � REGULAR COUNCIL MEETING OF APRII i, 1974 PAGE 8 1�3I clinic and the C]inic collected $77 in fees. She explained this had been started because , the Clinic was {o� ed to hire a doctor. She further explained, they had planned on � receiving volunteers, but was unable to do so, and a doctor had to be hired. _ � I Councilman 5tarwalt asked if there was any change in the confidentuality between the '� young people and their parents. (�irs. Fitzpatrick said she could understand the � concern of Councilman Starwalt, but if the young people were able to go to their parents, ; they wouid not be there in the first place. She said this is an important part of the � operations. She stated, the young people come to the Center and not to their parents. She said she could understand the concern, it was an obvious one. Mrs. Fitzpatrick i said the unity of the family has been broken before this time, or they would not be at � the c]inic, t�iey would be home. �I Mr. Raymond A. Creegan, 5780 East Riv.er Road said this type of confidentuality would I, only be in one instance of operation. There are other aspects of the Center which involve the ' entire family in conseling sessions, He said here, the family would be treated as a unit � and the problems worked out in ihe famiiy unit. , , UPON A ROLL CALL VOTE, Mayor Liebl, Counci]man Utter, Counci7man Nee and Counci7man Breider voting aye, and Councilman Starwalt voting nay, Mayor Liebl declared the motion carried four to one. RECEIVING REPORT REGARDING LETTER FORM ANOKA COUNTY REGARDING ALARM SYSTEM: MOTIQN by Councilman 6reider to receive the report from Anoka Cpunty regarding the alarm system dated March 73, 1974. Seconded by Counci7man Utter. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. RESOLUTION #39-1974 - ORDERING IMPROVEMENT, APPROVAL OF PLANS AND ORDERING ADVERTISEMENT FOR QIDS: STREET Ih1PROVEPIENT PROJECT ST. 974-4: MOTION by Councilman Starv,�al.t to adopt Resolution #39-1974, ordering improvement, approval of plans andordering advertisement for bids, Street Improvement Project St. 1974-4. Seconded by Councilman Utter. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. . RESOLUTION #40-1974 - CHANGING WATER RND SEWER RATES; Councilman Utter asked if the sewer rates would be reduced and the water rates increased. The Finance Director said the water rates would be 28% higher than at the present time. He said the water has iost money and the sewer system had gained money. Councilman Utter questioned if with the reduction of the sewer rates, would the City be able to meet its obligations. The Finance Director said yes. He explained that the SAC charges had been built into the system, now, they would be handled as a previous payment. MOTTON by Councilman Nee to adopt Resoiution #40-1974 changing water and sewer rates. Seconded by Councilman Utter. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. RESOtUTION #41-1974 - TO CONVEY TO 7NE STATE OF MINNESOTA CERTAIN LANDS CONVEYED'IN 1971 The City Manager explained these lot� had heen obiained by the City for the parposes of , � drainage in the area. He referred to the plat to the south, Harris Lake Estates, and Lots 1 and 2 and said this would a11ow for a much larger park. � � The Ciiy Manager continued to explain the City wou7d not be able to sell or trade the � lots because they had not paid the appraised value for them. He said the City wou7d ; give the lots back to the State and rebuy them in order to sell or trade them to the developer for the larger park installation, Fle stated the property oam er east of Lot f 1 is agreeable with this proposal. . � MOTION by Councilman Utter to adopt Resolution #41-1974 to convey to the State of Minnesota � certain lands conveyed in 1971 to the City of Fridley far ponding purposes, then to repurchase from the State of Minnesota at appraised value for the purpose of trading • said lots for land to increase the size of a City park across the Street to the , south, Narris Lake Estates. Seconded by Councilman arcider. Upon.a voice vote, all voting j aye, Mayor Liebl declared the motion carried unanimously. � � _ __ __- -- ., . _--_ __ __ __ __..__ __ .._ . __ _ _----- _-- -. ._------- __ _----------------., � � � i � � � i� � i �; � � 132 REGULAR COUNCIL MEETING QF APRIL 1, 1974 __ _ _ ._ . _ PAGE 9 UTION #42.-1974 - AUThIORIZING AND DIRECTING 7HE SPLITTING OF SPECIAL ASSES RCE'LS 4Q, 80 140, AND 240, LOTS -3 DIT R S SUBDIVISION N0. 52: MOTION.by Councilman Breider to adopt Resolution #42-1974 authorizing and directing the splitting of specia] assessments on Parcels 40, 80, 740, and 240, Lots 1-3, Auditor's Subdivision No. 152. Seconded by Councilman Utter. Upon a voice vote, all voting aye, Mayor l.iebl declared ihe motion carried unanimously. RESOLUTION #43-T9i'4 - AUTHORTZING AND DIRECTING 7HE SPLITTING OF SPECIAL ASSESSMEN7S ON PARCEL 7200, SECTION 3: MOTION by Councilman Breider to adopt Resolution #43-1974, authorizing and directing the splitting of special assessments on Parcel 7200, Section 3. Seconded by Counci]man Utter. Upon a voice vote, all voting aye, P1ayor Liebl declared the motion carried unanimously. A member of the audience addressed the Council and asked if it would be possible to take acti.on on the last itein on the.agenda at that time rather tf�an waiting, Mayor Liebl said this item could be discussed at the present time. RECEjVING A REPORT REGAP,DING THE SUBMISSION OF ENVIRONf�ENTAL ASSESSMENT TO ENVIRONMENTAL QUALI7Y COUNCIL R[GARDING fddR7N PARK PROJECT BY THE CITY The City Manager recalled the action of the Council when they had advised him to submit the Brauer Report, Comprehensive Plan, and also the Comprehensive.Park Plan io ihe Environmental Quality Council as an assessment statement. He continued the staff had tried to comply with the oui;7ine they had received from the CounciT. He recommended the Council receive the information and authorize the Administration to submit the materiai according to the outiine to the Environmental Quality Council. He said this would be taken care of by the Environmenta) Qua7ity Council the first meeting in May. M07ION by Councilman Utter to receive the staff report and authorize the Administration to submit the statement to the Environmental Quality Council for their review in May. Seconded by Councilman Nee: Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. CONSIDERATION OF APPOINTMENT TO CATV COMMISSIQN: Mayor Liebl said he had talked with Mr. Tom Myhra, 6360 Able Street, and he was wi7ling to serve another term. MOTION by Councilman Breider to reappoint Mr. 7om Myhra, 6360 Able Street h. E., to the CATV Commission for another three year terin. Seconded by Councilman Utter. Upon a voice vote, a71 voting aye, Mayor Liebl declared ihe motion carried unanimous7y. CLAIMS: GENERAL LIQUOR 35117 - 35270 8754 - �785 ')N by Councilman Breider to approve the claims. _Seconded by Councilman Utter. Upon <. ;;ce vote, all voting aye, Mayor Liebl declared the motion carried unanimously, L:CENSES: � 600D ESTABLISFIMENT: BY RPPROVED BY FEE 7- Eleven Store James P. McConne7 liealth Inspector $8.30 1315 Rice Creek Road (pro-rated) Fridiey, Minnesota OFF SALE BEER � � 7-�Eleven Store James P. �•1c Connel1. Public Safety Director $15.00 13i5 Rice Creek Road Health Inspector Fridley, Minnesota MOTION by Counci]man Starwalt to approve the licenses listed above. Seconded by Councilman Utter. Upon a.voice voi:e, all voting aye, Mayor Liebl declared the motion carried unanimously. _ _._ � i I a � ! ' �• 1! I I I � i i i � '� I � � � � I I � � i , II � � � REGULAR COUNCIL MEETiNG OF APRIL T, 1974 COiVSIDERATION OF HOUSE TRAILER APPLICATION - S& S TRAILER REPAIR: PAGE iQ ici��. t�tOTION by Councilman Utter to approve the applicatio� for the House Trailer Repair for 5256 7th Street N. E., Fridley, requested by 7homas E. Jones. Seconded by Councilman Starwalt. llpon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. ESTIMATES: Comstock & Davis, Inc, Consulting Engineers 1446 County Road "J" Minneapolis, ;•linnesota 55432 PARTIAi Estimate #]3 f�r Water Improvement Project No. 111 from February 4 through March 1, 1974 PARTIAL Estimate #2 for Sanitary Sewer, Water and Storm Sewer Improvement Project No. 114 from February 4, 1974 through March 7, 1974 Lee Electric Company 3775 Highway 52 Robbinsdale, Minnesota 55522 FINAL Estimate #8 for Electrical Contract for Fridley Off-Sa7e Liquor Store $ 282.15 $ 6,945.62 $ 3,465.97 MOTION by Councilman �tee to approve the estimates as listed above. Seconded by Counci7man Breider. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. CONSIDERATTON OF FORtalARDIt�G'COMMUNICATTON TO F. C. C. RE,QUESTING ACTION ON 7HE CERTIFICATE �G'ONiPLIANCE FOR CATV FIR�41: The City Manager explained the Chairman of the CA7V Commission had ca]led the City and requested the Admin9stration make an attempt to hurry along the F. C. C, in granting the certification to General Television. He said the City has requested the F. C. C, to proceed as soon as possible and if the letter wou7d be authorized, it would be helpful. MOTION by Councilman Breider to forward the comntunication to the F. C. C, requesting action on the Certificate of Compliance for the CA7V firm. Seconded by Councilman Starwalt. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. � !, COMMUNICATION: i � , � LJ � � MINNESOTA HIGHWAY DEP�,RTMEN7: SIGNALS ON T. H. #65 AT WEST F1dORE LAKE DRIVG: MOTION by Councilman Utter to receive the communication from the Minnesota Highway Department concerning ;the signals on 7. N. #65 at tdest Moore Lake Drive and dated March 18,,1974. Seconded by Councilman Starwalt. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimousiy. The City Manager said he would like to be authorized to write a letter of concurrance to the Highway Department. CITY ASSESSOR: NOTICE OF 60fiRD 0� EQUALIZATION MEETING ON MRY 21, 1974: MOTION by Councilman Utter to set the date for the Board of Equalization Meeting of May 2i, 1474, Seconded by Councilman Breider. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. OTHER ITEMS: RECEIVING A REPORT REGARDING THE SUaMISSION OF ENVIRONMFNTAL ASSESSMENT TO ENVIRONMENTAL Q ALJTY COUNCII_ REG/�RDING NORTH PARY. PROJEC QY THE CITY: , The report was received by the Cot�ncil and the Administration was directed to send the report to the Environmental Quaiity Council earlier in the meeting•. • - - --___ __ __ .. __ _ _ __ _ __ I � �� , REGULAR COUNCIL MEETING OF APRIL 1, 7974 PAGE 11 �� ADJOURNMENT: � MuTION by Councilman Utter to adjourn the meeting. Secanded by Councilman Starwalt. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously and the Regu]ar Meeting of the Fridley City Council of April l, 7974 adjourned at � � 10:52 P.M. ''I�' Respectfully submitted, � �� I Patricia Ellis � Secretary to the City Council i . ��, ate Approved ( � 1 . � • � � � � � � �i � I • � i � • . , � � ' � i I � �� I I Frank G. Lieb7, Mayor ;. , j , i . 0 i i t i , � i `' i i � � .�.. . . . . � . .. . . � � � . . . A I . . � . . . � � , . . .. . � . . . � � � . . � � . . . . . . . . . � � . . . . . � � . . .. . . . ... I�� . . ' .. . ' " ." ' . ..�. � . . � . . . � . � ..� I '� TH� MINUTES OF THE PUBLIC A T U C HE RING MEE7ING OF THE FRIDLEY CI Y CO N TL � OF I�PRIL 8, 1974 . � . �� , � �' � � , . � `� � . � ' � • � + �, - " _ __ ___ _._ _ _. _ _ ____ _ _ _-- --- - ---- -- — _ _ _._.____ _ _._ __ __.__:_ _ _ __ __------ � � � l�� ; _ � �! THE MINUTES OF THE PUBLIC HEARING MEETING OF 7HE FRIDLEY CITY COUNCIL Of APRIL 8, 1974 � I �i � r� � � � L _J � � � � C � The Public Hearing Meeting of the Frid7ey City Council of Apri7 8, 1974 was called to order at 7:40.P.M, by Mayor Lieb]. PLEUGE OF ALLEGIANCE; Mayor LIebl led the Counci7 and the audience in saying the Pledge of Allegiance to the F]ag. '; � INVOCATION: � Nlayor Liebl offered the Invocation. � ROLL CALL: MEMBERS PRESEPdT; MEMBERS ABSENT: ADOPTIQN OF AGENDA: Councilman Utter, Councilman Nee, Councilman Breider, Councilman Starwalt, and Mayor Liebl. None, Mayor Liebl said there would be an addition of a letter from the City Manager, Mr. Nasim Qureshi, regarding the Anoka County Nature Interpretation program to the agenda. MOTIQN by Councilman Breider to adopt ihe agenda with the addition of the communication from the City Manager concern9ng the nature interpretation program of Anoka County. Seconded by Councilman Utter. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. WEW BUSINESS: CONSIDERATION OF FOP,h1ULATION OF A COURSE OF ACTTON IN RESPONSE TO LETTER FROM TNE FEDERAL MMUNICATiON COh1MISSION, BY DAVID D. INLEY, CTING CHIEF OF TNE CABLE 7E EVISION BURE U DATED APRIL 2, i974: Mayor Liebl called on Mr. Bob Hinckley, Assistant to the President, General Television Company, ke offered a copy of the projected revenues for a ten year period to the Council, Councilman Nee said the Council had beei� furnished with a copy of the projected revenues in their agenda. Mr. Hinckley said the F. C. C, had asked the Company to prepare the projected revenues ' list to them for their review, and had independently asked the City for a list of their � ..projected expenses for the same period of time. He said the two lists had been compared. He said it was unbeknownst to him that the City had been requested to submit their expenses ' to the Commission. He further explained when ihe budgeted amouni fram the City of . j $3,500 was submitted for the first year, the F. C. C. Commission projected this amount � over the ten year period. He explained on the other hand, the figures submitted by the ; Company were escalated over the ten year period. � � � � ' � Mr. Hinckley continued saying he did not know what type of working procedure the Commission has, but, it has taken four to five months for a response. He belfeved the current action. to be a very ridged interpretation of the 1973 rules. Mayor Liebl asked Mr.Hinci;ley if the General Television Company is tiving up to all of the obligations it had made to the City. He continued to ask if the system was workable at this time. Mr. Hinclkey answered, the system is completed and wnrkab7e at thi=: He said from the , construction standpoint, the Company is ready to operate. He conti> there is the need for some additional testing of the system which would probably takF; '��:�n 60 to�90 days. He explained they 4�ould like to complete the extensive testing before tt;e final payment is made , to the contractor. He stated the building is complete and equiped H�ith two color studios and � cameras. He stated he believed the Company has l�ved up to their obligation. ! Mayor Liebl asked the amount of the investment in the system by General Television. Mr. Hinclkey responded this is 1.5 million dollars, Mayor Liebl asked what Mr. Hinckiey interpreted the communication from the F. C. C. to mean. Mayor Liebl said he felt the F. C. C. would enforce what tfiey had said and would, hold firm on the 3%, He said he thought of the Fridley Cable Te7evision should be participating in the discussions. � � � � � � 136 PUBLIC HEARING MEETING OF APRIL 8, 1974 PAGE 2 Mr. Ninckley repeated his thoughts that the F. C. C. is following a ridged set of rules. He said there had been a ruling that no money from the local television franchise could be used for general City revenue, He said this money had to be put to use by the local regulatory body for Cable Te7evision. He stated he fe7t their decision was based on their comparison of the figures submitted by the Company and the City which compared the expenses and the projected revenues. He continued saying if the expense needs of the City and the Company's projections were clarified, this would clear up the misunderstanding with the figures used.. Mayor Liebl recalled the F. C, C, had stated the use of the 5% plus the $25,000 lump sum payment was declared inconsistant with the rules of the F. C, C. Mr. Hinckley said the combination o� the two was ruled inconsistant, but if the two were figured together within the 5%, this would be acceptable, f�Jr. Hinck]ey said he knew of other cases where lump sum payments had been determined feasible. He suggested the expenses and projections from the Company be figured again with raising the City expenses to a reasonable amount. MayQr Liebl asked if there was any other questions fror� the Cduncil. � Councilman Starwalt asked Mr. Hinckley if he believed the 5% to be unreasonable. Mr. � Hinckley said he did not believe the 5% would be detrimental to the community. He continued to explain, this would be used by the citizen's committee and would be a progressive and � good step for the community and the Company. Ne stressed this would be a good use for , the extra money and would be good for the people and good for the.community. i Mayor Liebl read portions of the letter submitted to the F. C. C, which dealt with the � primary concern of the City at that iime, deterrnining if there were any prob]ems in the � ordinance vrhich would delay certification of Genera7 Teievision. He said the Administration had worked up another budget for the Commission and read the various figures from the , new budget. Mayor Liebl said he felt the new budget would be relatively close to the i actual expenses for the Commission during full operation of the system. The City Manager said the figures had been determined by the Administration and the total yearly expenses would total approximately $18,750. The City i�lanager felt this to be a fair amount. P�r. Hinckley said he would like to bring the Council up to date with the installation of Cable Television withir the Metro area. He explained that General Television had come to�Fridley, and at that time, there were other communities that were being considered for similar installations. He pointed uut that St. Louis Park and 6loomington had also been selected by other companies for installation of Cab1e Television. He said at the present time, Fridley is the only community in the.immediate metro area with a system operational. He said there a�^e some sma71 systems Dakota County, but this Fridley operation is the only one with a physical plant completed and ready to turn on, and also, the only one with a studio, He said in the other communities, they have not made much progress and he was not. aware of any other community tvith plans af delivering service. Mayor Liek�l said he is �nterested in getting the communication system on the line. He said the Council'would have to be responsible to the people and also to ��.he investors. Mayor Liebl suggested making an.appearance before the F, C. C, tu state the fiacts and clear up any misunderstanding that may have arisen. He said they had tried to gain approva7 with written communications and had not mad� much progress. He suggested a delegation from the Council a7ong with someone from the Cable 7e7evision Commission and also a representative of the Company appear in Washington, D. C., before the F. C. C. Mayor Liebl suggested gaining the support of the various legislators from the Minnesota area in this appearance before the F. C. C. Mr. Hinckley said he would certainly ge along with this recommendation of Mayor Liebl's to send a delegation to Washington. He said this is the only way the matter could be brought to �ome conclusion. He thought it would be an aid if the congressional members were contacted also. Councilman Nee noted that in the summary there were other certifications referrPd to by the F. C. C. He asked if Mr. Hinckley had.a copy of those ordinances or knew of their contents at the present time. , , ;,; L�3 h-• PUBLIC HEARING MEETING OF APRIL 8, 1974 PAGE 3 Mr. Hinckley said he had referred to the certifications of the examples previously in the meeting. Ne recalled one had been granted in 1966 and this was at the rate of 3%. He sa�d there was another application for certification two to three years later which asked for 5%. He said the f, C. C. said this was higher, but it was thought that the amount would be justified. He said the F. C. C, had ruled against the 5%. Councilman Nee asked if this had set any criteria. Mr. Hinckley said the revenues were to be used for the r.egulatory program and expenses of the reguiatory body only, Councilman Nee said the entire City is covered with the trunk service and the City and Company should take photographs and maps for pres�ntation at the appearance before the F, C. C. Councilman Nee said he thought the estimate of the expenses seemed very .low. He said it did not provide for any real leadership in the program. He said it wou7d seem tl�ey would need another $40,000 per year for a compTete program. Ne added, this is such a modest budget, there would be no trouble in it being approved. Mr. Dean Caldwell, Cable Television Commission, said the Commission had originally submitted a larger budget than the Counci7 had approved. The City Manager said the original amount submitted by the Commission was $5,000, but, there was only the amount of $3,500 from the Company, so this had been changed to meet the incoming revenue. He explained the expenses could not be taken from the general fund because the peop7e had been told they would not have to pay for the Cable system with tax dollars. Mr. Caldwell said this amount was only for.the year 1974, but the F. C. C. had interpreted this amount to be for the next ten years with no increase in the future. Mr. Caldwe7l said their projection of expenses had been very modest a7so. Mrs. Barbara Hughes; Cable Television Commission, addressed the Council and said there had been no . inclusion of money in the budget to handle comp7aints on the ordinance and she believed this to be a major part of the expenses. She said there had been no indication if these complaints would be handled by the Senior Engineering Aic� or if this would be taken care of by the City Manager's Office. Mr. Bob McDonnell, Executive Director of the State Cable Television Commission, addressed the Council and said the purpose of the State Commission is to promote Cable Television as a media in the State. He said they are very interested in the happenings of the various communities as they relate to Cable Television. He said he had enjoyed the informative review of the fridley system and offered the aid of the Commission in any manner. possib]e. . , Councilman Breider thanked Mr. McDonnell for attending the meeting. Ne said the current problems that Fridley is facing may be found anywhere in the State. He said the F, C. C. must realize tliere is an expense in the regulatory activities of the community. He said the City had determined the expenses would be 5%, not the suggested 3% which is set down in the ruleso He questioned Mr, McDonnell on his apinion of the State taking the position to support the City in their claim that the 5% would be more in line. He`questioned Mr. McDonnell on whether or not this would be within the role of the Commission and whether or not the Commission would take the position in support of the City that the 5% is justifiable, Mr. McDonnell said it all goes back to money. He continued stating the funding of the Corronission is limited and the initial duties of the Commission are to s�apport and promote the development of Cable Television in the Siate. He said it wouid be possible for the Corrunission to help in someway. He said eachof the members of the Commissiom had been approved by the Governor of the State, and all of the action of the Commission is taken as a body, He suggested the City of Fridley have a representative appear before the Correitission with some date or the same date that had been presented at the current meeting. He said the City and State Commission should work in concert on this matter. He stressed, with a little concerted effort, a rock can be turned. He said the next meeting of the State Coimnission would be on May 4th, and it would be possible for this matter to appear on the agenda. � Mr. McDonell said he wouid be in Washington D. C, the foTlowing week attending a conference . i of State Cable Agencies, and there are ten at the present time. ye said he had hoped�to ; talk with Chairman 4ljylie and also Acting Chief:Kinley, and he would be able to do � !� _ _ ___ ___-- j 13� , ' L__J , � � ' � � � i � ' i ' � � -_ __ _ __ ____ __ _ _ _ _ _ _, PUBLIC HEARING MEETING OF APRIL 8, 1974 PAGE 4 soi�iething in these meetings. He again stressed the need for the City and State to work together. Mr. McDonell introduced the members of his staff that were present at the meeting, Anita Benda, and Steve Shaye. Mr. McDonell stated the General Television system is a beautiful operation. Ne questioned the reason the firm had not sought certification from the State. He explained this is a necessary step in the certification of the Company. He said the Staie Commission had not received an application from General Television for such a certification. He said the firm should make application for this certification and they could a71 work together stating the State Certification Application would be forthcoming and was in its due process. Mr, McDonell said he had been in business for a good many years before becoming associated with the State Comnission and he thought the City had presented a good case. He said he vrould lend his support and do what he could as an individual citizen of the State of Minnesota. He said with the help of the State Commission, they cou]d get things going. CoUnci7man Breider qaestioned Mr. Hinckley on why there had been no State app7ication submitted. Mr. Hinckley said this was in process, and they had until the end�of the month. Coancilman Nee asked Mr. McDonell if he had some back and forth dialogue with the F. C. C. Mr. McDoneii said the business of the State.Commission had not been such that it required any communication with the F. C. C. He continued, they had been concentrating their work on orientation of their members. He said the Commission had not had any specific business to this point. He stated, he thought the Commission knew their way around, but had no specific business before now. Mayor Liebl asked the other members of the Commission who were present, (Mrs. Barbara Hughes, Mr, Dean Caldwell, and Mr. Tom M.yhra) if a member of the Commission would be �. able to make the trip to Washington, D. C„ after Easter. He suggested the best time for this trip would be during the time that Mr. McDonell is in Washington. He said he would like to see the representatives of the City to be accompanied by a member of the Cable Television Commission. Mr. Dean Caldwe7] said he would recommend that Father Ed attend this meeting, but he would go if Father Ed is unable tn do so. Mayor Liebl indicated the City would pay the expenses for such a trip from the $25,000 franchtse fee. �•iayor Liebl said he thought it was time to send someone out there and provide the F. C. C. with proof of a workable system. Mrs. Hughes said in her opinion, Father Ed should attend the meetings. Mr. Caldwell said he thought Father Ed would be the best suited representative for the City. Mayor Liebl said the Company and i:he City would have to come up wiih a detailed presentation . with pictures and maps of the City and site. He said f;� woulu also want some pictures of the cameras for proof of the type of completness of the systern. He said the proposed � budget should be substantiated to project the growth of the City. He suggested the Company and the City work together to obtain a workable expense and revenue projection with would show the system operating at full capacity. Mayor Liebl said he would like to have someone with managerial experience represent the entire Counci7 and give that representative the authority to speak for the Council. Councilman Starwalt questioned if there should be some advance preparation to secure the necessary appointments and time from those at the F. C. C. He asked how the audience would be secured. Mayor Liebl said he would like to see the City representatives go to Washington at the same time that Mr, McDoneli planned to be there. Mr. McDoneil said this week would be a very busy week for thos•e at the F. C. C. He listed the events scheduled for the week. He said he hoped to secure an audience with those at the F. C, C. because he wouT� have come ali the way from Minnesota to talk to their. He suggested.if there would be any arrangements made for an appointment with those at the F. C. C., this would be more suitable for Thursday or Friday. He said he cou]d attempt to make arrangements for an apointment with Mr. David Kinley, Acting Chief of the Cab7e Television Bureau. Mayor Liebl suggested Sanators Mondale and Numphrey be included in the meetings, and also Mr. Blatnik. He stressed time was of the essence. ' � , � � � t � � , � � � � � � � � � .—__- � � i � i i i� PUBLIC HEARING MEETING APRIL 8, 1974 PAGE 5 13�> Mr. McDonell said he would arrive in Washington at noon on the 16th of April. He exp7ained although, he wouTd have a busy schedule, Fridley would come first.and be his primary concern. He said Thursday is an open day, and this matter could be taken care of on this day. He offered to contact the Senators offices. Mr. Caldwell asked if the representatives that would be traveling to Washington would be meeting with the representatives of the State Commission before this time. Mr. Caldwell asked if the concurrance of the entire State Commission would have to be obtained before obtaining their support. Mr. McDonell indicated this concurranc� could be received through telephone contact. He added, he vaas sure the entire Commission wou7d support Fridley's efforts and support could be obtained after the fact. MOTION by Councilman Starwa7t that �ouncilman Nee and Councilman Breider be authorized' to •travel to Washngton D. C, for the purpose of serving as representatives of the Fridley City Council, along with ihe representative of the Fridley Cable Television Commission and representative of the Company, while making a presentation to the F. C. C., and that the fu71 expense for traveling lodging and incidentials be paid, and that this trip should be on the 16th, 17th and 18th of April. Seconded by Councilman Utter. Councilman Nee asked if a proper presentation could be put together so quickly. Mr. Hinck7ey said this would be possible, and he would work with th^ City staff and they could come up with the necessary photos and maps. UPON A ROLL CALL VOTE, f�ayor Liebl, Councilman Utter, Counci7man Nee, Councilman Breider, and Councilman Starwalt voting aye, i�iayor Liebl declared the motion carried unanimously. The City Manager said the Administration would work with Mr. Hinckley and supply all the necessary information. He said they would have to make a determination whether the $25,000 should be a part of the 3% or 5%. Councilman Breider said he thought it tvould behoove the member representatives to explain the expenditures in a number of different ways, He said the Council should not determine the amount of costs, this would be an Administraiive task. Councilman Nee asked if the budget could be changed at this time to increase the expenses. The City Manager said this was a medium range budget and it could be increased. He said with the current figures, it would show the need for the 5% easily. He said the complaint management could be added. He said this would provide for a tota7 budget for ten years of $180,000. He said the budget presented by General Television is $160,000. Councilman Nee stressed, it would be possible to indicate the present budget to be completely fa�r and valid. . Father Ed, Chairman of the Cable Television Commission, entered the meeting and Mayor Liebl explained the progress in the meeting to th9s point. He said one member of the Fridley Cab1e Television Commission had been authorized to attend the meetings with the people at the F. C. C. He asked if Father Ed would be free to attend the following week, indicating the other members of the Commission had indicated they would want him to take the trip. Father Ed said he would not be able to answer at the present time, he would have to check his ca]endar. Mayor Liebl again stated the members of the Commission thought he would be the best representative of the City. Mayor�Liebl also stated the Commission would have to get together and determine the best approach to the presentation. Father Ed said the Commission would get together and determine this. Councilman Utter said the City representatives would have to know where to get in touch with the State Commissian when they arrive, Mr. ;�icDonell said he had written down his information and would give it to Mr. Qureshi, the City Manager. RE UEST FOR INSTALLATION OF TOWER BY GENERAL TELEVISIO(V i•IADE BY MR. BOB HINCKLEY: � Mr. Bob Hinckley addressed the Council and said General Television is in need of j constructing a tower to bring the distant signal from Milwaukee. He said he would j like to explain the reason for this request at this tin�e. He expiained two years � I __ _ ----- _- ---� � 14U �I. PUBLIC HEARING MEETING OF APRIL 8, 1974 i 6 i ago, it was assumed there would be a microwzve antennea which would bring the signals � to the IDS Tower. Ne said the Company that had this license had abandoned this plan, because Fridley was its only customer. He said there is a tawer for the microwave trans- i mission in Arden Hi71s, but the receiving antennea at the General Te]evision operation ' is only 30 feet off of the ground and because of the high bluffs on the east end of , � Fridley, it is impossible'to receive the signal. He said the request wou7d be f�r tbe � installation of a tower in Fridley that would act as a beam bender. He continued to ' explain, the antennea in Arden H�lls does bring the micro waves from Milwaukee, but the i beam bender would be needed to transmit to the General Television location. �_J ' ' Mr. Hinckley said their proposal for the installation of the tower would be adjacent ! to the City water toti��er at Centra1 and I. 694. He said ihe tank is enclosed by a ; high fence and has adequate space for this installntion and would be we71 protected. He said from the safety standpoint, there would be no live energized wire on the tower, it would be just a beam bender. He explained the installation to be 7ike two ' dishes with one dish bending the beam to the other dish. He said the beams would be � bounced to their bui]ding south �f City Hall. � I � � � � S f �I , i � J I � , � .; i �I � I � � � I I � � ` � i � � � ' ( Mr. Hinckley said he was not asking for an answer at the present time, he was asking for the opportunity to work ��ith the City staff on the matter. MOTION by Councilman Breider to receive the request from Mr. Hinckley, of General Television for the construction of a tower adjacent to the Ciiy 4later Tank at Centra7 and I. 694. Seconded by Councilman Utter. Upon a voice vote, all voting aye, Mayor Liebi declared the motion carried unanimously. The City Manager explained, the City is already working with Anoka County to try to put something together and make it work. Councilman Nee asked Mr. Hinckley if he could stay until after the meeting and talk to the members of the Council that k�ould be accompanying him on the Washington trip. Mr. Hinckley said he would rema9n. • ESTIMATES: A, J. Chromy Construction Company 5051 West 215th Street LakevilTe, Minnesota 55044 (Contractor) And Western Casualty and Surety Company Fort Scott Kansas (Bonding Company) Estimate No. 3 for Sanitary Sewer, Water and Storm Sewer Improvement No. 114 Carl Newquist, Prosecutor Smith, Juster, Feikema, Haskvitz & Casser7y Buiiders Exchange Bui7ding Minneapolis, Minnesota 55402 Services rendered as prosecutor for March, 1974 $ 100,345.74 $ 1,285.00 The City Manager said it had been the recommendation of the Bonding Company that the Estimate be released to the Contractor and the Bonding Company, both, because the Construction Company is not paying the subcontractors. He said he had experenced problems on his previous job in another community, The City Manager said he would like to add the stipulation that this money be released to the Bonding Company with provisions that the Fridley job contractors be paid. 7he City Attorney said this had been his recommendation and he concurred. MOTION by Councilman Utter to approve i:he Estimates listed above with the stipu7ation as recommended by the City Attorney and the C9ty Manager, that the Estimate i;o Chromy Construction Company be released both to the Company and the Bcnding Company and that the Fridley Subcontractors be paid. Seconded by Councilman Starwalt. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. , i a � � _ _ � i II � I �� _ � ' '',I �� , ' �', l�t� . PUBLIC HEARING MEETING OF APRIL 8, 1974 PAGE 7 CONSIDERATION OF EXPIORTNG THE POSSIBILITY OF COOPERATION WITH ANOKA COUNTY REGARDING E N TURE TNTERPRETI E PROGRA : _ Mayor Liebl read the letter fr�m the City Manager to the Council dated April 8, 1974, regarding the possibility of cooperation with Anoka County regarding the nature interpretive program. Counci]man Utter said there would be a meeting of the County Commissioners the following day at 9:00 A.M, Mayor Lieb] said it would be important for Fridley to have an input since the City had contributed much of the tax dollars to the County. He suggested some help in locating a naturalist in the City of.Fridley. Mayor Liebl asked if there was anyone on the Council who would vo]unteer to attend the meeting. Councilman Utter said he wouid not be abie to get away for the meeting. � MOTION by Councilman Nee to concur with the items of recommendation #1 and #2 on the second page of the memo from the City Manager of April 8, 1974, and that the City Manager attend the meeting of the County Commissioners the following day to come up with some kind of proposal and interaction between the County and the City. Seconded by Councilman Breider. Upon a voice vote, aTl voting aye, Mayor Lieb7 declared the motion carried unanimous7y. UESTION ON WHETHER OR NO7 THE PROPOSED CATV BUDGET WOlJLD NEED FURTHER COUNCIL ACTION: Mr. Dean Caldwell addressed the Council and questioned if the new proposed budget if altered by the Cable Television Commission would need any Counci7 action before being submitted to the F. C. C. Councilman Nee said the budget could be brought back for consideration the fo7]owing Monday evening. Mayor Liebl agreed. The City Manager said he would work with the Company, Mr. Hinckley, the Commission and bring the entire matter back for Counci7 review the following Monday evening. ADJOURNMENT: MOTION by Councilman Starwalt to adjourn the meeting. Seconded by Councilman Utter. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimous]y and the Public Hearing Meeting of the Fridley Gity Council of April 8, 1974 adjourned at 9:72 P,M. Respectfully submitted, � ' �� Patricia Ellis Secretary to the City Counci7 Date Approved Frank G. L.i ebl , t�layor 0 �J ' ' � RESOLUTION N0. - 1974 A R�SOLUTION �C��ENDING APPOINTI��NTS TO T'III; M1;TROPOLITAN COUNCIL AND TEIE NI�TROPOLITAN WASTE CONTROL CQ��IISSION 7 � �- r �`� " 1 �� U'.�,c:G. 1 WI-�RFI1S, the City Council o� the City of Fridley, having been informed of � openings on the Metropolitan Counci_1 and the Metropolitan Waste Control Corrunission, wisties to provide names for consider.ation for appointments; and ' l�-�RF�S, the actions of the Metropolitan Council and the Metropolitan Waste Control Co�runission affect the City of Fridley through the laws adopted through the i�linnesota 5tate Legislature; ar�d � �� ' WI-IEI2EAS, the Metropolitan Council is mandated to adopt guidelines far the developrnerit o£ the metropolitan area; and WE�REAS, the City of Fridley is loca.ted specifically in the bletropolitan Council District #13; and ti'�-IEItEl�S, the City of Fridley is located in District C of the Metropolitan j�Vaste Commission; and ' ,.J � W l.�Z� j�f-IEIZ�S, a ointments f��rict r resentatives will be considered throu h pp g this year; and t1'H�RI:AS, the City of Frid.ley wishes to voice recammendations for individuals to be appointed to represent the respective districts; NOW, THEREFORL, Th� City Council of the City of Fridley recommends to the , Governor of tli� S�ate of hiinnesota the following individuals for consid�ration for appointmeni for Metro�olitan Council District #13: � and for appointment to the Metropvlitari Waste Coirnnission, Disctrict C, as follows: � � PASSED A1VD ADOPTED BY THE CITY COUNCIL OF TH� CITY OF FRIllL�Y T`HIS DAY OF ' � ATTEST : ' � ' 1974 CITY CLERK � I�1l1RVIN C. BRUNSELL MAYUR - FRANK G. LIEBL � �� , � ARTICLE I � ti � � , � METROPOLITAN LEAGUE OF MtJNICIPALITIES 300 HANOVER BUILDING l�80 CEDAR STREET �ST, PAUL, MIIJNESOTA 55101 METROPOLITAN REORGANIZATION ACT � Metr�opolitan Council Members SUN�,Y Metropolitan Council members will be appointed by the Governor to serve four year ��overlapping terms, commencing on the first Monday in January, 1975. The first terms � for members from even numbered districts will expire in January, 1977. Council members serving on the council on the first Monday in January, 1975 shall � � L_J � � continue to serve a.nd represent the district in which they reside for the term prescribed aboveo If more than one council member resides in the same district the governor shall determine which one shall continue to serve. The number of Council districts is expanded from 11� to 16. Council districts have been realligned to re�'lect a relatively equal population base, and generally follow municipal boundary lines> Compensation to members has been incre�.sed to $50 per meeting, � Commentary: � ' � � � . l � Council districts range in size from 115,600 to 118,$39 with the greates� disparYty at appr°oxim�tely 22 percent. The adopted redist�icting plan delineates districts to follow municipal boun- dary lines as closely as possiblee These w�re the two basic posi- tions strongly advocated by the IVletro Le�gue, Counc%1 districts had ranged in size from le�s than 100,000 �;o over 200,000 and followed 1967 Senate district boundary lines. In the new districts 2, 7, 1?, 13 and.1� there are no incumbent cou.ncil.�nen residing and the Governor wzll be �ppointing new mem- bers as of next January, In districts 11, 5 and 3 the councilmen wr:.=�..s°e currently resident therein have terms which expire next �k. :�:�y and the Goti*ernor will be making new appointments for tz�<: districts at the same time. In districts 1 and 6 there are t��, ��.�.ouncil members residirig 3n each dzstrict and the Governor mu,{;t, choose which of the two shall continue to serve on the Metropolitan Council, Out of a total of 16 councilmen, ten will be appoin�ed or reap- lA � � . -z- 1B pointed by the Governor as of next January. Now is a good time to begin talking to other municipalities in the new council district, 1 state legislators (with whom the Governor must consult) and the 'Governor's office on recommended candidates for the offzce. � Metropolitan Commissions A uniform membership and definition of vrorking relationships for the com- � mi.ssions with the metropolitan council is established. The provisions apply to tYie Sewer Boarc3 and the Metropolitan Transit Commission. � Membershipo Each commission vrill consist of eight members 1us a chairman. P � Tr:�e eight members will be appointed by the Metropolitan Council, and the chair- ma.n will be appointed by the Governor. Each comm3.ssion member will represen-t a ipre.cinct consisting of two me�ropolitan council districts. Attached is a map sr�owing the precincts. Local eiected and appointed officials are eligible for � appointment to the metropolitan commissions under the new act. Members will serve � fc�r four year over].apping' terms with the first members from districts A, B, C, ar�d D to serve initial two year terms> , Compensation is increased to $50 per m�eting. The Metropolitan Council is mandated to adopt guid�lines for a uniform per- •� sonnel code f°or the eommissions , � Commentar�: Municipal ofiicxals are now eligible to serve on all conunissions, a provision added at the advocacy of the Metro Lea�ue, There will be ne�v appoin.tmen�s macle to these commissions effective next January, � It is not t�o early tp begin talking with other municipalities about cand.idates for appointment. � � � � For the I��fetrapolitan Transit Commission there will be two new two year appointments, and one new four year appozntment. The term of the present conunissioner for precinct A does not expire until 1977, However, precincts 13 and D have no residing commsssioners, so the council will be making two new two year appointments to fill these Jacancies, Tn precinct C there are two MTC members. Because one term expires on Ju1y 1, I975, and one expires on July l, I976, the council will have to select one of the members as the comrnissioner. There are two MTC members currently Ziving in precinct E, but one of the terms expires on July l, 197/�, so the remaining member, whose term does not expire until 1976, will become the comrni.ssioner. � i � � � -3- 2'he prec;inc� F c4mmissioner's term expires on July 1, 1975, the term in px^ecinct G expires in 1977, There will, however, be a four year appoir.tee n�med for precinct H, as the present MTC member's term exp��°es on Ju1y 1, 197�.0 _ For the Wast�e Ser-vi�es Comm�.ssion, the council will be numi.ng five appoint�es, tv�ro f o� two year -terms, �nd three far f°our year terms . Becau�e thE t�.rrris for precinct commissioners A and C technically exp�r�d �.s of December 3i, 1973, the councilawi�'"�� r�aking two. two yea�° app�intm�ntu i�r these precincts� The terms f°or.the commissioners in p�eci.n�t� B and D do not expirz unt;il December 3�-, 19750 1 Po1i�y Flans Th� Me�r�cp��itdn Counczl is req�.aired to prepare and adopt policy pla�s for ' e��ch of thz fp.anuf:�.�ns cfH 't�� C�rr�missionso Policy pl�.ns will address the needs of. the mt=tropo��t,ar� axe�.y an.d g�n,�r�.11� desc�ibe the phys�cal facil�.ties and services to be df��relaped �y the Gv�rrrn:�s�i�no Provi�ion is made fer review by �he Commissions and �oc�.l ttnits �f` �;�:v�r�nm�nt pricr to adoption, DE�v�lopm�nf- P��cgs�a;�, Each Commiss�on a.� s�e�uir�cl to p�ep�.re a develepment program covering the de- t��.iled t��hni�al pianning, engirree�ing, f°�nan�ing, seheduling �nd ather program e:Lemenfs t;v �e per��m�d by the �c�mmmission in implement.ing the policy plan adopted b;y ih� C�u.��.�.o P��i�� f„c adupt�.�n pr�:�vision is m�de for 1oca1 government reviewe T�'ne d��rei.cpm��n�, p��gra�r��; ma� t be �pp� �ved by the council o C��mmi�s��:� B�adg�*s C��nm�s��.on bud.g�� sh�11. be p�epared on or beior�e Augu,;t 1 for the forth= c.oming e�.lend�.� badge� ��a�Y o T'�e M�tropolit�.n Coun�il shall approve or disap- pr�o�re by 0^��ber 1 th;�s2 p�r�s of the budget relating to revenues and expenditures for� c�pital impx°o•aemc�nts o Commen�ta�y: This ps^ovls�.cn establi�rled ur�ifbrm ddtes for the submission of budgets � to the c:o�ncil fc,r 7°eview> I�; al�� standardizes the couneil's review ni �;h� ca��i�l �mproverrieni� elePient.� of the commission budgets. C��:r��; il R�viev�� of Us�r Cra�ge� The �cunc:l� i5 authorized to review and ecmm�nt on user charges or fee changes pr��p;;sed by any of �the m•��}rop�"litan com*niss�onso 1C � E�� -�- 1D iIsxal 'Planning Assistance New language is inserted which clarifies existing council authority to provide � t�chnical plannin assistance. on c g ontract to loca� units of goverrunent. � Metropolitan Significance , Within 12 months after enactment of the billthe Metropolitan Council is required ' to adopt regulations setting forth standards and guidelines for determining whether �pr.oposed matters are of inetropolitan significance, and also establishing a procedure far the review of a11 ro p, posed matters. Proposed matters of private organizations,, , iridependent commissions, boards or agencies, 1oca1 goverrurental units and state a@;encies sha11 be reviewed. The regulations wi11 take effect on July l, 1975, but ior.�ly after approval by the legislature. 1 An advisory committee consisting of local elected officials and representing all council districts equally, sha11 be appoin�Led by the Council to provide advice � an.@ make recommendations in the preparation of the regulations and ma.y, after the regulations are in effect, make recommendations on any proposed project to the , Couneil. .� There must be a public hearing prior to the determination that a proposed matter. is oi metropolitan significance. � In developing the regulations the council is required to consider the follow- in;g in regard to a proposed matter in addition to other matters deemed relevant: � o< The impact it wi11 have on the orderly, economic development, public anci private, of the metropolitan area. i, .. Its consistency �vith the development guide. • . .. Its impact on adopted policy plans and development programs. .. Functions of municipal governments in respect to control of land use as provided under the municipal planning act. The procedure for review established in the regulations must include among � other provisions the following: .. A proposed ma.tter shall be reviewed only once unless materially altered. ' � � � �� LJ 1 -5- _ .. The council may suspend a proposed matter for a period of up to 12 months following its review. .. The Council must issue its determination or recommendation within 90 a�s . .. The council shall review proposed matters upon the request of an affeeted local unit of government or metropolitan co�nnission. .. Provision shall be made ior revievr of a proposed matter upon the petition by a specified number of residents of the metropolitan area. The council on its own initiative may review matters of inetropolitan � significance.. ..� A public hearing with 30 days notice is required prior to adoption of the regulations. omrrientar : The basic positions of the Metropolitan League were incorporated into the provision. They were that metropolitan significance should in fact be defined and standards and guidelin�s be prepared, that local officials should be involved in the process of making these determinations, and finally that the provisions should be incorparated into state law, which was accomodated in the require- � ment that before.any of the councils regulations can become ef- fective they�must be approved by the state Iegislature. Couricil fteview of Grant Applications � The Metropolitan Council will continue to be the reviewing agency for �edE�ral grants and loans which require the review of a regional ageney as well as �f,he reviewing agency for state grants and loans for projects of inetropolitan �igniiicance. � iI Review of Munici- ehensive Plans '� This proviszon of the law is unchanged, except that the Council must now ��espond within 90.days after the plan has been submitted. Commentary: Previously municipalities ��ere required to submit municipal com- i� prehensive plans to the council for r'eview and comment; however, the council was not required to respond. There were some cases when the municzpality learned of the council's adverse opinion af �;he municipa� plan several months later when the municipality ��, applied for a federal grant. Now if the council does not respond within 90 days it shall be deemed an approval of the local plan. I� � �_I � � lE � . � M € r � � s:� lF I ARTICLE TI . . , . .. � Metropol�tan Waste Control Commission _ ', Commentary: The name of the Sewer Board is changed to the "Waste Control. Commission". However, the purposes and powers of the commission are explicitly the same as,in the existing 1aw. The discussion behind the name change was � that the commission is presently involved in the disposal of solid waste _ through the incineration of solids removed from rvaste waters; and may become more involved in solid waste disposal throug'h joint programs in the future. � Munici al Dis osa.l S�tem Im rovement Plans �_ P P Y P , � At the time a local unit of,,government makes application to the PCA for a permit to improve its disposal system a copy of the application together with design data ._ , and a location map .of the projeet.must also be sent to the Waste Service Commission. ,Conanentary: The Sewer Board had,asked the legislature for the power to approve of ^ all municipal disposal system improvements. This compromise provision was developed to assure that the sewer board would be kept abreast of � sewer system improvements throughout.the metropolitan area. � ., ; , Con�pliance with Article I _ _ . . . ' , - _ �K The Waste Control Commission will comply with the provisions of Article I�re- � ;- , : lating to metropolitan commi.ssions and their relationships to the Metropolitan � coU�C�l. : .- . _ ; :� IAR,�'TCLE III Metropolztan Transit Commission _. I-- �. . _ ,.... . The roles and responsibilities of the transit commission and its planning and � implementation relationships with the Metropolitan �ouncil are redefined in ac.cord wlt;h the provisions of Ar�iele I. � Federal Planning & Coordination ,. � _ The Metropoli.tan Counail is designated as the planning agency for any long-range '� tr�:insportation planning required by federal zaw and regulations.. The counc7� zs i� a1��o required to assure administration and coordination of transpbrtation pl�tinning � wiJth appropriate state, regiona�. and other agencies, counties, and municipalities. � � , � - 7 - The cour�c.il, togethe�° with the Transit Commi.ssion, shall establish an ad- ivisc>ry body,consisting of citizen representatives, commission, municipality, cunty and appropriate state agency representatives in fulfillment cf the federal l�.rining responsibilities oi the eouncil. lG �Gmnzenrtary: This could well turn out to be one of the most controversial sections S in t�he law. The problem is the reconciliation of state law with federal law and regulations - which take precedence, if federal aid for � transporta�;ion is to continue to be fox�thcomingo ' Federal regulations provide that "responsible local officials", which � is now being def"ined to mean "principle elected officials of general pu�pose 10��.1 gove�nmen�ts acting through the area-wide transportation planning e.�g�niz�.t•ion which has been designated by the Governor", ca�ry out ce�°tain provision� of the feder.°al transportation planning 1 program�9 �vhic:h mean: more than membership on a citizens advisory commi.�E;�,e� o �ur�cil Approv�l �f High�vay Projects � La.nd acqu�sit.�.ons for the con�truction or expansion of controlled aceess high- �ays by state agenc�es of lo�al units of governments must be approved by the Council al.l.�w�ng a review by t�he Commissiono f fp�c;tive Dat�e � The provisions oi Ax°�icles I, II, and III are to be effective J�nuary 1, 1975, exc2pt iar Se�tions 10, 11, �nd 12 de�ling with P�12e°y plans, local planning assis- ��an�� and metr°opolit�.n significance which will become effective on the day following �nactmento � , �, Franchett 3/2�/il� 1as i � � � . 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WK�T^� A �i,j I - ' �� . . . � HENNEPIN CO. �. eaoovire,�� nEw �.��. ��_-� � � .r;;.� GaaNT . . ti ccnri� � � �.n;��s 2 Zy I � 39 � �;'cicHrox �', ricNis �i �>� � "P I r r'7.. � � � � , QL4RE770 . 151A : 1 � �r� �5 ��'y-� ' STILISYATEk , . . . E DIl3 �PGEN � O29 '— �'. t � � 6'F'i* � � +� ��iits : n„ C� � '"N C n f� S ] 4 S-:w. {—� x2 . . . .. . , INDE�CNDFNCC � KEDINA � �LYMOUiN �t10� �'.0 �� A� ��ITTIE ��j{} 30��j3 . . (� [( 01 l-- r I�'� }ANA04 NOk N{ 4: �'';?�,¢rf�. [ L�ROS[vitlE 5T PAUI��J' . e( .. . � „MAPIC fl fN Y 'i.%'� `+ L--E�.�� yy� {� � {�� {'� I `�.' B�YTOWN �4 �'� � '�� E�'`f�� OlC C 49' ��. 1�� '� MAPlLMO(1f p!.:.�liAKDALE IAKE �] ��q . [i OH4l�K ) � g i �ALI�. °' \' L-9 17 —._L�:...�-�+�i. ELMp� — ,;.J/ , � �� lx t" � i Eo y WEST � # �� i�,_`.� �J ES } f�. - �. LAKEIAND � �_�i a� oROxo �� ,. Y�' �.!�. �' Rn„s�v cpo�. � . r,:� . �� C�(AICRTOtt'q NINNCTRISTA ,�^�.� �/' �7allINMCTOHKA�ST.LOUISf tJ ��'�,.,1 A;f: t"• � 1 Z� LAKElAHO:�' - G vr`' 7 /�.. 7.. C. PARK '"� ] �. � 3, ' HOl[Y1`lOpU � W�TERT7WN h�Jh „4/� f,24 . J i � � 1 }7NLAt`O115 F{A 9,� � 11." �i� . - .. I . �� a/, '^ � � ,._ L /�.iEINAVEM OPYIhv'-f.��/] ��! �JI � F� � 3Y�. h ST.CR�I%B[A`FI�,jJ ��/ f •/f ` } 7% 1 (i_ � � r�, '..� s� :c[> le� . � �� l! . 39 wE57 � � 1 YOODYURY 31�.:if . � 1 FOMIfACIUS t � �j � � �� w" . zi. '��( I AITON �{'� -�-•---°� �j1lS1P.LYLQBif-_� EDIKA '_ - }.� 1 eAUI Jti .�-.--+++�'_-- N4YCY �.� .4 '. .. �C �A 5U T ��' ' - NEM 4LRMANT ' ':/' . . Y/ . � AI�'PORT � MIH�OTA 5i t`�1 CWPORT �>, ,1 / RICNilEL6 ( ,7 � UN,ISN YALI�-� � H[IGHTS . f . � � . 9 9 �CHAHHAfSEtt �. �_�Z � L KE �—x; . L tt! j . CANDEN � I WACONIA �.</ (AKETONN � (DEN �ItA1RlC � � j�sT. �AUL . ' � S 9�ACONIA . .,�ARqJ ' BLO fINGTOX INYCR GROVE ( CNASKA �: ' CARVER CO. � ' � EAGAN � HCIGHTS �� (OTTAGE GROVE � DENMARK �' ------�------�---___ �_y�;,: r ,�, �°I� . � M roonc � CN�sK� � . «"y.�'` . � DAKOTA CO '( �i..� . L)AMCFICA M �6>,'. `+�'J/!/Y�1/ NORW�OD � •� CARYF.PB � IJACXSON SHARO�EE L �'+i�G;, j„'�,v�� ' � � COIOGN� D�NLGREN �r-' �Fl SAY�CC � �URHSYILIE . � � �. �� '� , - YOUHG AMERICA ' BENTON ( . a' � � � � ' � '�6�1.�;(�.�� PtIDS AtlL[ VALI[f� ROS[MOUNT NiN�NGER '. A. � � ('� LOUIS\'1LLE LAKE ,��,,�a�' � NASTINGS � ' nl,�iRC ---�' —J —_'-- `- — � �� — —J / OA �I : • NANCOCk ' S�N iRANCISCO I ��( ' � , _ I , . • . . � ( I . � VERMILLION . �RAVENH• � . � �S�NU CREEK I SPRING LAKE I CREDIT ' LAKEYILIE . EMPiRE I O MARSHAN � I � RIYER � YERMIll10N �. . . . —`.-- —_-.--- _— �ARKIRGtOA ( . . ' . 5C07T CO. I $T.IAWRENCE) �ORDAM � '' � I _��'� _�.--.��_�� .� ( . � D[LLEtlA1NF I �—_ I I � � I 'f '. � � � �� l [�/1� � NEW NaRKET ' � I � DN[W iRILR (� � � � . BLAKEIEY � BEILE PLAtNE 1 HEIENA t':j' CED�tR �AKE I [UREKA ( C�STLE ROCK f H�tafTON � I ��J �J � . . I ( k� � NEYNARKEd ` � � . ' MICSYItI � . . ' . � ' � l ' '` '' � HAMPTON OOUGLAS . . . NL �AGUEI . I �KO � . I ' � � . ��R�NC�OLPH d(j. . . . ' . ° �___�..��__i �.�� RlIN(rOL�N � .. I' Q CRECNVAIE IwATERfORD Zj ' -. FtI�ES 5 10 15 20 25 ��' � f�l sC�oie .� . � � METROPOLTTAN COUNCIL DISTRIGTS ' � . . � Effective , . ' Janua.ry. 1975 � �. f ftRING �ARK 9 VICTORIA I) FALCON HfiGtiTi 25 GEN lAK[ ANOKA �_,COUI�tY .� . 2 ORONO 10 R0061NS�ALE IB MENOOTA 26 BIRCHWOOD --�=_ 3 MINNETONKA Bf11CN SI SPRING laKE ►ARK ]9 tILYDAtC 27 WMITE BEAR �R�Nt < TOHKA l�AY 12 U. S, GOYT. 20 GHf-Y CIUUD 26 BAY►OpT —�— — " Township 6 E%CC�SIOR 13 HILLTO► 21 LANDFALI 29 WII.IEPHIE � . 6 GPF.EXWOOD j4 COLUM01� MFIGfl75 22 GCLLWOOD 30 OAK IAkK N�IGHi4 Otf[0 Municipality � �. . i WOOUTAND 15 ST, ANTHONY 73 fRIE SIRINGS 31 �AKFLANO SNORES � � �.6 MCOICINC UKE 16 LAVDERpALC 24 NANTOMCDI 32 fT. MARY'S ►OINT � � . r . ST. PAUL �. �.OZ I�ROPOLTTAN LEAGUE OF MUNTCIPALITIES 480 CIDAR �T � �5 < _. . . . . _ _._ . _.. __ _ _._ _ ... ._ _ -- ----- - , �r.r.,�.,€�'a.. s §r!�si��''.��,:;.�Faz'�JCS�Fr,��y,i� .,...,,�,..�,a..�.,_._.. � / ri 0 LITAN GOI��,°riISSION I3IaTR�CTS� . � �T•Q•M��3r � J7EiNl1 . i____'� Ty�tj . � ( . - UNwOOO . [' 1Jll ��t [�iT OEfH[t BUeHS i O�n GC.OVE ; �'u 5�.��L'� C�l°��Z�N ; � . � �� r � _ + - �'_� — �;#-- c�.� POL�ITAN TRANSIT G`Oi��IT: SIC� __--•---� --- �, --��%�-'� ` �(�=�'�`�"•" t �( �� I �a�11�85�, �.9�5 I ANON� Co. cotuMOUS �!� �,;,�,r, RF}15EY -1 QRpW M NAYlA1lL � F'�'� . .,� 6� �. � �rCRC YLA%[ f�v' NEMSCANOIA . . ' } � f[ j�[�q;� � 1"�f'f.5i CRkC I . . . � � �} }', i.Z4+�y . t�� '�^ • . ! I . � � }� /� 1G�'� . +p � �� ,+,�,�y,"� .`: S l I t ' T� � �,w'.'€�` �..-: :'.� s..^�i�:' — t'---' `"� > �,- . N�SS�N 4J�lTCM �v }� t � f� LtNO lA S 1--.^ MAlIKC' . . � � CqAi+(liN {ppk AAII05 [ /' �: � . �'�. ' P.QwERF � �''� M� (';:� .-.R-E@Ylllf. tY` �- � DlA1NF F V ; }" � � . HAY . . i _ t J ��o , � �� t1�M0YfR S�A lCJtfNGT � 1RCtC PI FS t' WASHINGTON CO. 5 ' 44'� �s3 � SSCO p � , ,.,n . ' �Ri:6N.ICLU COeCGAG!t qAtlE4ROfE � �\t S << ``tOJ c5 �'�" � � �•�• � z �� `�^_—~ . . . ry __".tY1F' �- —, p nl f �� 22 ' $TIIIW�TER . �j CROQk�YNPAP.R � � I 7 12 O xs � -�'POCRFORD � ___ ��.fR�DI[Y �L. � . . „�G'�-�' `iE4]ldEi'7N CC1 �Ee >RiY � v �'"' �.. _ I �"� GR�NT ,� 4, _- - ..,_w,,,:.;�.'�•. .___�_.� t =ic,x f �� i::�irov .r�ii �1 lq � {�� C"� l 1 r � �:. l � ...,�j3 Z S71lLWAfEY,�� 4i . ,,L�iRF,1T0 l��1 1 R:�f.-� F,{ 1 p 9 .� � .^;� �, : � �'`= ��s �� c �i . � � � .� �� 1 � � . � � � _ . � � �+ �NDEP[NUEN[E i� NEttn4 i tITNGtiSA 1�. E p - 'Q'::"° "�.iiTtf�� I " � 3`��'. ,, � � 4 ` ,...., � -'1 r. � : 'nnh kO�ffH j �,{ � � ��L = >OSE�' llE ; � Si DAl '� = ij dV 1'1. N '� L i 1 �-J � � �+{ �v ( � l 1 ��.i j / l BAYfOWN Y- ' , . . 1� r ,..,_ ` � g��a YJ�� ,. LL t S.�D'k !l'_17 - 1 i.;AKGAIF CLNO —`—'-'K �il�_. 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PAUL � I bACOH1A - `� � r;, 1 . . 1 f @LO ..IING70N �� 4R � CARY'ER CO. �,�+"� INVERGROYE f� 1 r ' __ �NASKF y � � `'° !.� Ea��p H[14NTS t: 40T7A6C 6ROVL OENMARK :�� 1 � � t�y ____._.�__° �__`___ .� � �sF �.�ew>�. t �• �, c � ��vocnc I CnaSxac` y� � '�'��''° DAKOTA CO. i�.. � - . � .. AMERIC� I S..f � iN�KOPES I � � a-�� /� rot�r•�cr"}� � � f CAviLER )S�Y.$CN fl + CQIO�NE OAHIGREN F�"'� � OVkkSYIIIE . . . � �." SAY4f.[ %, NGAMEH:CA � BENTON i �� `_ � - t� ''� �� PR�Qg 5� R APPIC YALL£Y � [0541d0Uk4 p� NININGER { _ � r-1-Q LOUISYltRF. �A� TJT:;% �_+��, � � C NASTIHGS �uwc -- -- J '�_ �._—� „�%'' � `1 _ --i--^--- on ' HAN�OCN SAN fpANCI$CO � j� I �� ' �� I � YERHILIION � i 1 � V� ��SRNOCREFK ; SPftlkClpKE I CRED�T �AAiYlc1[ FMCIRE � �' MARSHAN � RiVER YfMNILl14N � - �r .� 5COTT CQ. � �� sep��x«oa � .r�'.�"r`.5"'%1 Sf.LI.WRENCF� /08UAtt � . �. � �' • �,�'` �_ � __�_'�___�V. . � -------�--�--- -- — i --- _._. —i � E � ' < .. B:l'.CfLAINE � ('�j � y'� kEW MnRKET � � I �.__) �JttE� TYIiR � �BLaKEtEY � BEIIE PL�tNE I ��EtER1A 4� CEDsR �AKE � EUREKA i CASTLE ROCK � NnMPfOM i y ' MIE f ' t�.� kL�V NARXET � . ' . . I �� '�j I HANP70N DOUGlAS . ."� �. . � � . . . � � � ' � I KE �4111GUf � 'j -�ep ' . � � � �.,..R..�......... �.e. ti'!k:%'6:'S�:s"�: _�.�''S."� .,. a'�.�c.r'^��'�".,°."�7i°�°�p".�`.'YC.'� . ..Y.'_�� (j� �__'�..�FAN00! PM � d fe � • � raer,no�rN .� �' ( � �+� ` .�� . .2.� { (:REENYA�E �WAtE12FOR0�� 't�' . = '--aur��xns��mmsr �.�, �'� � .. � '� .. `� . � � SCIOIA . MILES 5 10. 15 Zp yg �� . ��s�r ' , � � . . • .. . . . . ' . ' �'. I S�RIHG tA1tK � 9 Y((.iQpfh • l: fA1,C0?I ltEIGNTi Z5 GEM IAY,E ANOKA �,�,�,COUI�� Z ORONp IO ROBL'INSU�LE 1P MENG07A 26 BIR[HWOOD -� Y • 3 MIMNETONKA REACN 11 S/RIYG LaKE /�qK Il ULY�aIE 27 Y:riiTE DfAR ��^H� {., � ' 6 TONKA BAY 12 U. 5. GOYY. 20 G�76;Y fLOUD 28 BAY�ORT -- ---- �- TOWC�S�IIp ' ' 8[%CLLSIOR li YIIITOf 21 lANUFALL� 2�3 wILIFFNif. � � , � '6 GREFMWO�D 14 ZUIUMB�A Hf.iGfYp3 �2 f�[LLM'DU� 30 OAK IARK fletGffTS ��,�� Municipality � Y� WOODlAN� 15 TT. �N�HONY 23 PIML SP4iNGS :11 IAKLLRNp S�IOF£S � $ NiDICINf LAKE 16 l�1UDLR0Alf 2b kANTOMECI 32 fi. MApY'S POIM� , Mat:ropol.itnn Le�gue af M'anic#.�a.lities 4v0 Ced�x St. . Paul� Mn. ,��101 � . � • � l I �„ i ' � CITY OF FRIDL�Y PLANNING CnMP�tISSION N1�FTII�TG - APRII� 17, 1974 C1�LL TO ORD�R: .. . 2 PAGE 1 ,Chairman Fitzpatrick called �Lhe meeting to ord�r at 8:00 P.M. ROLL CI�.LI, : M�mbers P��csent: I'itzpatricic, Drigans, B1air, Lindblad, Harris Mcmbers Absent: None O�Lhers Present: Darrel Clar_k, Communi.ty Development Administratoi� APPROV� PLI�NNI,:;�� CO��I��lISSION MII�TUTES: 71PRIL 3, 1974 � MpTIOT�T bt� H��rris, secvnded bt� Lindh_7ad, to approve the minutes of tl�e Apri1 3, Z974 Planning Commissio-r� meeting as written. Upon a voice vote, a11 voL-ing a�c., f.he n�otion carri�d uz1animously. RFCEIV.I; PA^Y.S & RFCI:I::�1`1'ION COti��IISS:LON T7.IT`�UT�S : MZ-�P,CH 25 , 1974 MOTInI�' by Blaiz , seconded b� Drigans., that the P1ann.ing Commissivl� r�ceive the mirzutes of t�he Par3;s & Rec.r.e�iion Commission of March 25, .Z974. Upon a vo.ice vote, a11 voting aye, tl�e motior� carried unanimous].y RLCL,.T.VI?, ?3CIIZ�DING STIIND�IRDS-DESIGN CONTROL SUPCOi�'�ZITTEE MINUTES : APRTL 4, J..9/4 � v MOTION b� Lindhlad, secvnded by Blair, t1�aL- the Planning Commission receive the minutes of t1�e Builc�.i.ng St�ndards-Desiyn Coni:ro.Z Subcommiii:e� meeting of 11pri] �, .Z97�e Upoi� a voice vot�, a11 voting aye, the motivn carried uiianimousl�. RECET�%E BOtIRD OF I1PP7;AL5 SUTCO�`��I'�iIT`I'l:E MINUTFS : APRIL 9. 1974 MOTTON by Drig�zns, second�d I�y Linablad, tl�at tl�e P.Zanning Commis- s.ion recei��e the rniJ�utes vf the Board of Appe_aJ_s 5ubcomtn.z,ttee meeting of I�p��i1 5,, 1974. Ilpon a voice voLe, a11 voting aye, the mot�on carried unanimousl�. Mr. Cla.-r_}� said that t�ic pci�itioncr for the fourth ii�em on the agezida wou.l.d lilce to be 1ast. MUTIQT� bL� 131a�_r, secot�ded by Lind.h_2ad that the order af the items oil the agenda be�,cha.ngGd to I, 2, 3, 5 and 4. Upon a voice vote, a11. voting aye, th� moi:_ion c��rried unanimous.L�. � 1. COD?'i'INUI;D: PIJPT_�IC IJP1�R1'NG: Rr�70NING RrQUI�ST, 70A #�74-Q2, PUNit'. CQ1��P1�NY; `i'o rezone lots�l and 2, Block �13, Spring Br Park Ac3ditioiz, fr-oin R-1 (single fami7.y dwc�l7_iiig areas) to N1-1 (light indusi�ri.al. areas) to make zor�ing consistant with property lincs at lIIl rly Str�c:t N.r. Pub]_ic IIcaring ope�z. Mr. Clark said 'this �.t�m will have to be delayed again because , - �� 2A Planninq Commission Me�ting - April 17, 1974 Pag� 2 � , � � �the pe-ti�:ione.r_ has not brought in his plans for Building Standards- Design Control Subcommittee review. This was one of the stipulations you maae at �he i�ime of the first presentatian. This will be on the npril 25th me� tinq of- th�.�t subcommi�tee. MOT.TON by Lindblad, seconded }�� Harr.is, that the Planning Commis- sion c�ontinu� the Pu.�1a.c Hearing on the rezoning request, ZOA #�74-02, by Berfic7_c�y Pump, to rezone from R-1 (sinqle family dwelling areas) to lf-1 (_tiqht industrial areas) Lots 1 and 2, Spr_ing 13rook Park AQ'(3_Zt1011, to mak� zoning consistent with property Iines at- 181 EZy Street N.E. until the pet_itioner has presentecl h.zs plans io thc Building St_and�azds- Design C.oritrcl Subcommitt.ee. Upon � voice vote, a1J_ votinq �ye, the motion caz•ried un� i�imvusl�. 1 2. C01;�T`z'II3t3�,�: 1�UBL:�C:_ I��P.T1�,TC � P.ElON1T1G REQUr57', ZOA � I�1' LSU� `�QI�STRUCTIC3�T�. .Ot:PAI�ir': To �°ezon� Lots 1"3. 1 or)� 2, �tZivcLc�roo� P,,urior, f��m I2-I (single family I i�o P.-3 (gencr_al mu7_tiplc family dti,7elliny areas) to tion oF a 2� un�_� aparti�en�t con1��:Lex, to be located T�Jay and ��es� of East Ri��er P.oad. � i LJ �� , � � , � , � ' Pub�:ic �Iea.ring cJ_osed. r7�-01, °f, :15, an ; dwelling area �) allow coristruc- South of 71st Mr. P�iark Reinertson was pr�sen-t to i:epresent the petitioner. A7r. Reizler-�son said th.e Pt�blic IIcaring riotice said this was a request for a 24 unit apar-cmcnt compl_ex and t�he request was for a townYzouse t��pe of dcveloprncnt., so I think -�his is an error. Mr. Iiarris asked Mr. Clark i� there wasn`t a �pecial section in our code on to��nhouses? Mr. Clark saici he was going to correct -the statem�nt made }�y Nir. Reine.rtson, bec�u�e �ae do have a to�anhouse sec�tion in our code �rhich stai�es that you have to have a minimum of 5 acres for a to�anhouse comp]_ex. This may be a townhc�use f:ype of developrn�`ni, but it �aill sti.11 have to bc dcscribcd as an apartm�nt cornpleY, so the Yiearing no�Lice :is corr�c�. � Mr_. Clark asked t�1i. Reinertson if he sti11 intended to have this comple� as �-erttal unitr or if th�y would be owner occupied. Mr. Reinertson said thGy r.ould go either way. Fie said ize was in the situation wllere he had a pr_ol�:Lem witli this proper_ t�� and what to do wit.h it. Iie wa.s here to necJotiate for what would ��.� best for the neighborhood and lor the communiLy. Therc has been sc, � indication irom differcnt� people in� the ncighuorhood that tlzey wt�.:l_d not ?� opposed to �Lo�anhouses, at this time. Chairman Fitzpatrick said the Platining Gommission received a lef.t- .: from :Cndependcnt School District 14 aft�r i.he Public Iiearing on this request. Hc said the Planning COIlllll]_SSion had already received thc lettei� at anotl�cr mec�i�ing but he woul.d .r_ead ii� to the: petitioner and t_,_? the m�mbers of- the audience ��ho wcre l�ere on this pei�ition. � Mr. Reinertson said he was noi� at the meeting mentioned in the i : 26 � Planni.nq Commission P-ieet;inq - April 17, 1974 Page 3 ' letter, and he didn't know where they got tlieir in�ormation but he thougl�it there was a lot of pre judice involved and the request caas noi. given �� fair evalu��tion. Mr. Fitzpatrick said that Mr. Gordon � Sangster was at tlle Public Heari.ng and we would assume that he gave the Schaol I�istrict thc. information he ha.d goi�t�n at this hearing. � � � � ' � � Mr. Harris said �Lizat the zoning orainance calls for 5 acres for a townhouse de�Telopm�nt, but.they can be built in R-1 zoning. Mr. Clark said -L-his was a1lo�aed at the rate of 9,d0� square feet per unitr the same as the sin.gle farnily homc requirement and it must � b� o�-,r�er occu��_�.ed. lf a i_o�anhouse clevelopment is built in R-2 or R-3 , whicl7 a11a�-:s a denser clas �i_fic�.tion, then i�t does no�L have to be o�aner occt�.pieci. R-2 rcquires 5, 000 sc�uare feet per uni_t and R-3 requires 3FOOU sc�ua�'e fe�L- per uizit. � . � . . 2�ir. Harris askcd I�:r. Reinertson ho�a .large a parcel of land he h��.c�. Mr. Clarl� �aid the p�tition s-L-ates it� 1.4 acres. rZr. L'i�czpaL7�icic zsl;ed Mr. P.�iner�son how many units he was looking for. Mr. Reincr_ Lsoi; . said t).�ac the maxirnum number of units he could have on this �ro,�.�rty �aould bc� ?.4, bui� he was willinc� to compromise as long as t�l� num',_�er ai uni�L-s were ecaiiomically feasible. Mr. 1� itzpai.r.ick a.sked P�ir. Clark. ho��. many to<<rnizouse type units could be bui1G an �t.his narcel. r�1r. C1ar}: said ther.e could be 7 units if tlie �oi.ing rc?nained R-l. If it �aas rezoned ta R-?_, there coulc� be 12 units. x�ir. R�inertson said he �rould like to g�t �hG units dense enough � so i� �aoul�t bc :Ecasila_le to do same�:h�_zzg c�oo� for the area. He ��aould like to put in a swirnm:i.n, po�l that could be used by the comple<� and the nc�igh.boi-hood. He said ��ae want Lo do som�thing more than the mirzi�um � so it would enhance the neighborhood and evei� h.e1p improve the valua�ion of thE� existing tlomes in this area. ' � �''' ' � � �' �J P'ir. Drigans as):ed how the Planning Commission cauld baCe thei.r decision on economics when ti=e don't liave any informatiori to base this decisi�n upon? Mr. Reiner_-tson said a complex of 1.2 to 16 units would be econom-• ically feasil�_le to build. B�low thi.s numb�r of units it would have to be doul:�le bungaloGVS and this vaould not enhar�ce 'che neigYlborhood. Mr. Di:i.gans asked Mr. Reinertson if h� I�ad met with the neighbors since the Publ_ic Hcaring. Mr. Rein.ertson said hc. had met with th�m ri_ght aftc� the .last meeting. He said one of the �zeighk�ors :( and he didri' i= want i=o mentioil his name) ]lad said that he would be inter�sted in buying about � of these townhouse uni-L-s. Mr_ . Dri.gans zskc�d whcn � this property was last o�fered �or sa].c. Mr. Rei�1r_rtsan szi=id it is for :�ale all of . tlle i:im�. Mr. . Drigans as):eci if :it was posted or listed as pr_opert=y for �ale.. Mr. Rei.n�rt�son saa.d ii has l:�c��n advc�Y't.i:��>d i.n the p�.ipc'-r, bu� h� beli�ved i�he sic�n on the p��o�e�ri has re�cc:ntly ; ,en demoli_stled. , . _ . �.� 2C Planning Commissi.on Mee.ting - npril 17, 1974 Page 4 � , I' f .___, � � � A'ir. Harris said�there were some people in the audience on this request, so he thought the Public Hearing should bc: reopened. �, MOTION by Harris, second�d by Blair, that the Planning Commission reopen the Pub.Zic Ilearing for the request for rezoning, ZOA I/74-01, by Hen��ing Nel.son Construction Campany. Upon a voice vote, a.Z1 vo�.zng aye the rnoLion carri�d unanimousl.�. Mr. Iiarris asked Mr. C3_ark ��ny additional ric�tlt of �aay �or Mr_ . Clarlc said a le L�er had ueen as he kne5��, th�� l�iacln ` t z eceived ii he had heard �2"011l ti1G� County on East River Road bccause of the jog. ��rritten to the CounLy, but as far an a?�swer' as y�t. Mrs. Loi_s 0'Neill, 1.58 71st P�ay N.E. , said she �vanted to bring i-� �Lo th� aCtentioz� of f�Ize P_l_�nning Cammissioiz i�ha� the neighbors ��aho signecl tt�e petitian against any rczoni��g oC this property were sti7_1 not in fuvor of -the zoriii�iq being changed iro�n R-l. Mr� David J�das, 16B 71st [n�ay N.E. s�id there were several qilestio:�s raised at the I�ub2ic I3eara_ng and he thought there should be some spec- ific fact.s g.iven. as to �ahy �he petitioner cannot sell these lots for single fami.ly hornes o ' Nr. ��eine��tson saicl he was here to campramise for. something other than t��e 2� unii� plan ��r� h�d presc:nted. He �aas open to suggestions � on hova th_i_s pro17cr_ty could laest bc� deve7_oi�ed that would be economical.ly , feasiblc. He said th��re could be a commi-ttee far_rnGd by any people who have an interest in ha�a this prop�rty should be developed. , � Chai_rman I'itzpa�Lric}c said th�t ��2rs. O`P1c�ill ha.s stat�d that the neighbors were sf.il.l against any proposal that would invalve rezoning. , ' Mr. Adas sair� that M_r_ . R�inertson }zas stated that it was not economic��l_.l_y feasible to build a single fuznily dwelling on the corner of_ Last Riv�r Road, but tlzey �re building other homes just as close to East Ri�re.r Rozd aiid these houses are selling, sa this disproves thut thearym ' Mr. Reinertson said that the people who w�re int�erested in purch.as- ' irig t}.zis prope.r_ty had no interest in sing�e family housing. He said he has had two or three people inte?°ested if .there cou?_d be townhouses in th�.s arc�a. , � J � i � , Chaia�m�.n Fi.tzpatric.k said if this prope.rty was not rezoned, there would be f:ou.r_ sinc;lc family homcsites. Mr. P.cine.rtson said the lots had 80 �oot fr_onf� footaqe and �aer.e ]_75 feet deep. They are hug� lots and could s�arld the exi�r.a density. Mr. f�arris said h� weni� by this property r�rently, and it seemed like i�li�re was a so.il provlcm on part of t�hc property. Iie said he ilot:iced a clu�lil� of po��ple arid tt��s� gener�311y don' t grow in sa1�d. Mr.. Reinrrtson said somebady.had dumped some black dirt in this area a lonc� tim� a��o : Mr. Adas said he has only lived.in this area a year., but during � Planning Comm.i.ssi.on Meeting - Apri1 17, 1974 Page 5 � thai� time he hadn't seen any �ttempt to sell this property. F3e sai.d with lot�s of this calibr� he L-hought they could be sold, but he couldn'� cite any specific offei°s for this property. LJ ' � 2D Mr. Re�_ner-Lson said it was i�ru.e that sometimes they want�d to sell the proper�y and other tim�s they did not want to sell. He said h� didn't want to get into these discussiozls on whether the property caulcl be sold or note Iie said L-Pza-E what they wani� to do is come up with a pl�,1z tha�L �-�i.11. enhanr.e the neighborhood. Iie said they v�ould like to wor}: with t=he neic;hbors and the Commission. He is open to any suggestions and �-lould 1ik� advice on how �ta d�velop -L-his site in an economically fea�:ible way. ' Cl�iairman Fi.tzpatrick yaid one o� th� reason.s given .for r�zoning rec�ve�ts is Uec:alzs.e -�l��c pet:it�_on�r_ fee7_s tl�iat i_t is not ecanomica]_1y feasiul� to develop L-he PraperLy under its present zoning. � � ' � ' � Mr. Dr:ic��ns sa�id he w�isn' t reudy to rc�co;nr•.Zend rezoning on hearsay evide�nce f ori ju.st-. t}.ie statcmenL �hai_ its not economically feasible to dcvelor� �hi:� �s single fanu_1y hom� sites�. witl-,.ot�t �iT-�y lauiden of- proof or any f_i..a,ures. Therc is enough opposi��:ioz: f.r_or.n th.e School Board and the surx°ounciing property o��.ne�-s, so i_t5 up to ifr. Reinertson to form a con�m��? i.te�, of the neic�h!�c>rs ai�d ��forl: �>>ith the school. board for a proposal for this prop�rty. The City Council or.tl�e Planning Commis- sion is not goinc� to da t�his m lts up t.a �he petitioner. Cha.irman I�'itlpatric}c said thc �'lazzning CO1T1M]_SS101"l. 15 faced with a rcques�t for 24 units. V7e are fac�d with a petitiozi :Erom the n�ighbors oppo�ed t.o any rezoning in this a.re��. G^le a�e faced with a resolution by -�he School }3oard i_n appasi-cion �Lo this request. i'�r. Reincrtson said he ��oul.d 1.ik� to meet with the School Board arid the homec�an�rs to see t,�hat al'cerrzative coulci be ofiered, and brinc� this �roposal back to the next meetir.g. Mr. Cl.ar_k said that act�ion. should have been taken on �.his rec�uest ' wit.hin 60 days of the Public IIearing, anci wE are going bcyond that t�_r.;:�, but this could perhal�s be extende�. Mr_ . Fitzpatric}c said that if i�his � reques�:. was denied, it would be a year bei�o��e Mr_ . Reinertson could t make anoLher request for rezoning of this properi�y. He said tl�at if Mr. Reinertson tl�ough�L 11e could come bacic �tirith a modified request, they coul.d contiriue this Publi.c Hearing to a later date. � � � L�I � LJ Mr.�Stevcn�Paaver_�ud, 7045 Easi River, said he would be willing to work with rlr. Reinet�tson in forming a ncighborhood commi�i�ee. IIe said lic woul_d li?:e r�2r. P.c�iriertsoiz to give some su�stance to his state- ment th�it it would be economicall.y unfeasible tq develop �his proper_t.y as singl� family homesites. Dir. Pitzpatricic �aid Mr. Rei_nertson hasn't stated this exactly, but i� he is Uasinq his request f�or rezoning i�or t.his reason, then some figures �aoul.d have� to be given as Mr. Drigans mentioned bc,for.e. ' P_lai�ri�_ne� Commission Meetinc� - April 17, 197� Page 6 * �� ' � ' � ' � � E "r 2E � � � MOTIUN b� Harris, secorided by Drigans, that the Planning Commissionf '�Gi��i}iu'e' u»ti.1 l�#a�fi��; `1�7��'��,'Nt1�e rezoninq request, ZOA �174-01. by �lerining Nelson Cortstrtiction Company, to rezone Lots 13, 14, Z5 and .Z6, B1ock 2, Riverwood 1�lanor, from R-1 (single family dwelling areas) to R-3.(gener_a1 muLtiple family dw�.Zling areas) to alloca construction of a?_4 unit apartment compl�x to b� Zocat-ed South oi� 71st way and West of East Rivcr Road. Upon a voice vote, aZ1 voting aye, the motion carricd unan.ianousJ�. . Mi. ziarris aslLed Mr. Clark to ch�ck with the County to see i:E they were going t�a need any r.ight oi way from this properi�y. Mr. Lindblad aslied Mr. Clai�); to compile a list af the new hornes built on Ea.;�� River Road duiing the past ycar. Mr. Clar1~ saic� hP would have this information on I�1ay 22nd. 3: P.U}'�LTC lIL':FRTNG: PI QT.JI�ST �'QR A S1�I:CIl�L U.�--�`L: PERi�iIrl'� SP ;�74�-Q�l � T3Y H�.ARx,ES �i�i, •�lA�.: Per �1�'�=iczley C�_�l.y Ccc�e, Sect_�oi: 20�.0�1, 2, �1., �o all��•� co��s;.l:uction o.f a secezid uccessory building, on Ou�lo�t ��, Fart of Lo� 29 �znd al_1 0� LoL- 30, Blcck ]_, M.arion Hills Adcii�tioi�, the same be:in� 5].8 0 Bucha_nan S treet N. E. D�r. Charles rvara w�s present. MOTIOlJ 1�� BTu�..r, seconded by Harris, t1�at tl�e P].anning Cvmmission , waive tlle readi.ng of t__1�e Public Ilearinq notice for the r�quest for a Specl.al Use Pernrit, SP n`74-04, by C1iarles 1�1. nTara. Upon a voice vote� a11 voting aye, tf�e rnotion carried unanimotzsly. � Mr. Nara said h� had p:resen�ed some simple renderings of his propert.y so -E.he i�l.anning Cor�sni_ssiaz�. could sc:e ho��a this garage anc� addition c�aotzld lool: on his propert� . He said h� didn't know why this was called a second accessory bu.i_lding w�ien it was attaclzed �Lo his house. Mr. �'itzpacrick aslced him if he hud anothei� c�arac;e. Mr. Nara said he did but. thi_s �,7as attacl�i�cl to his house, also. r�Ir. . Nara said the neighbors -L-houc�ht he was going to bu�_ld a detachcd gar.age whcn. they got. Lhe Public HEarir.g not�_ce. Nir. C? ark said this is a second garage �-ahether i�.s attached or_ not, ��nd our code says this requires a special use perm.it. Mr. Nara said his present garage has a driveway oui� to Iluchanan Street and the dr_ive��lay for this garage would far_e 52nd Avenue. He said abou�� G�� af t;hi_s qar_�zge would be b�low grade, with a dining roam, kitchen aiid den Uuilt over it. � P,r. Nara preseni�ed colored pictures of flis hon�c� and said the garage and �ddition wotzld have the same sidi_ng and roof lines and after it was built, ii� would like it lzad al�aays be�n there. M�. Dr_i.gans ask�d A'Ir_. C1ark ii� r4r. N��ra d3_dn't have any ga.r_ag� at tlze present tirnc, cou.la he build a four car garzge? Mr. Cl�rk answercd t�l�at he ;:ould bui.ld aily si_ze garage he waizted, Uut ou� code .� does say that a secorid acccssory buildi.ng r�quires a Special Use l�ermit. . � � � � 2F Planning Commission Meeting - April 17, 1974 Paqe 7 3 � j ! � � r4r. Drigana asked Mr. Nara if he was going to use these garages for anything othcr i�han the storage of vehicles. Mr. Nara said h� has twa cars aiid a third vehicle stor.ed 200 miles away and a boat� whi.cli he would li.ke to hav�e at his home. He said his present tuck-under garage used aboui= 60� of his basem�nt so he has very limited storage space. ITe does need mo.re storage space. ' Mr. R. b. . Chris tensen, 5)_� l F3uchanan Street N. E., said he came., to the mc�eting to s_c�e �vl�at was being proposed, btzt he has seen Mr. Nar�`s p]_ans at tliis meeting and he had no objec�ion to this request. Mr. Nara said hE� hac� ta]_)�tied to a couple of. neighbors about this reques� anc�x t}�ey l,uc3 no objection; in fact, it ��as one of his neic,�hbor., WYlO sugq�s �.ecl this addition when he �aas consider_ ing se]_ling his horne a y�ar or so ac�o. Mro Dr_igar�s aslcc�d if the drivec,�ay �„ould be blacktop or concrete? Mr. Nara said it �tilou.ld be concrece. � � . r10TI0IV by flar_ris, seconded l�y B1air, that the Planning C�mn�ission � close tl�e Put�.Z.ic I�earing o�� the request for a Special Use Perntit, SP =,`7=�- 04, by Charles r1, Nar.a. Upon a voice vote, a.Zl voting aye, the motior. c�>>xied un�nimousl�. J � �i u � � � � �� ;�-� ,r �� 1`t�Tl'ON b� Dr.agans; secanded.Y'by Harr,�.,��,� ,tl�,a�.:.�t-� .t' �:`n :rec:oirrmend tp Council aPpr..ova1 of th� request for a��e��°��,z- �:; ,. `5P �#74-04, by CIz�rles M. Nara, per. l'r.idley City Cod�, Sect.ion 205.051, 2, A, to a11o�a constructivn o1' a second accc�ssory buildiny on Outlot B, part vf Lot 29 and a11 of Lot 30, 131ock 1, h7arion Hi]Zs Addition, tlze sam� beinc� 51_80 Bucha��an Street N.Ee Upon a voice vote, a11 c�oting aye, the motiozl carried unanimou.sly. � ,„ � -„ �. PREST'1�iTA�I'ION OF PRELTt1IR�APY P�A1��S FOR 7'HE �`1'R�DI��Y BF�� , To bellacated at thc corrier �j�5tli Street and I��_ssissippi S�kxee N.E. ; thc sarn� bcincJ 41.0 rlississ i_ppi Stre�t N. E. � J�erry Young and Joyce McCarron representing i�h� Libr.a:ry Baard and Mr. Eugene G. I'lynn, representin� the archi_teci�urzl firm, . �aere present. � Mr. Young present�d� �°rorking model of_ the proposed library and ��plained how it wau�_d Ue locatcd on the site. Ii� said one of_ the signi�icant �catur.�s of this pZan was that they wou_ld be able to save ' many of_ the trec�s. They migllt on1.y� have to take out about 8�rees. � They were saving two Oalc trees that were 3G" and 48" in diameter, and otlier major trees. , � r � Tie s��id that basically from 5th Strcet, tlie m�jor parking area is Sotz�ti� of tlie builc�ing and ta .the rear of the buiZdin�. Onc of the thiiic�::; �ve di_;cusscd �aii�li �he Plannirig Commi�siori whcn we wer� tic�i-e� on tlic oriqinal cancep[: was whci�li�r_ or not it wt�uld bc �OJJ1.1�� to get� a r,uru. c:ut on Ai�:,sissippi for eithc�r_ �-�n exi t' only, or use it f_or an entrance and e::it u.�i: il such time as prol�lems weze created. The concept: bcing presentcd shows i�hi.s as a righi� turn cxii: only. IIc said � � � � �: � Planning Commission Meeting - April 17, 197� Paqe 8 this would require some action by th� City. � t 2G ` : � � Mr. Fitzpatrick said they could have the left turn on 5th Street. � � � Mr. Drigans �s};.ed the distance from 5th Street to the Mississippi � Stree� exit? Mr. Younq said it was about 130 feet. � Mr. H�rris asked how wide the-access road would be to Mississippi. Mr. I'lynn said ii� woul.d be 21 �eet. Mr. Harris said this was a littic� narrow. Tt should be 25 feet. P�F.r. Harris a�k�c� the status of the �Jall Gorporation. Mr. C1ark said they goi, approval_ of thei.r. plans last February and �-ae have �ari-k.ten se�vcral 1e�tters, but at t:t�is ti.me we don't knour wlz�n t11is p:t'o.ject �,�i.11 begi.n. I�1r. Harris sa;d tha�- because o:� the. d%fference in_ gi_�ade bet��J e�n tl�e l ibr_ ary :7 i �e anc� t}.Z� 1•v�al ]_ Cor. pora tion pro j ec t, there v.il1 have to Uc� a retaining ��:all and probauly a fence. He as)�eci i;�l�o would be z�c��ponsible for this? P�ir. Clar_k said it �7oul.d be the Wal7. Corpora-�ion ` s r_ esponsiui lity. � M.r. Flarris �aid -th� drive�,�ay for the library. and tlae Wall Corpor- ation wi1_1. on._ly bc 50 feet apart. Mr. Clark said the peak trai�i.c hours for th� t�•�o proposal.s wi11 be �t different times, so this mic�ht � h.elp this s�_ �at.i.on a �^le did ta1}� at one time o� having a cammon dr_ ive- way, k�u-L- because oF -the loc��-�ion of the tr_ees, this might_ not be possi- b1�. Mr. I'itzpazr_icic said the libra.ry site has 7.ost some parking in trya_ng �o save trec-s and �a� wi11 have to find some�aay so the roo�s aren't destsoyed ��Jhen the 1��aa_1 Cor�orat7_on puts in a retaininc� wa11, if this is necessary. Mr. Young said th� way the par_]cing l.ot is set up, it will hold aboui� 51 cars ��i�h spc�cial spaces laid out for the handicapped as rec�uired. P�Ir. Lindb:(.ac� said they shoua_d allov� 1Q feet by 20 feet per parkinc,x space to meet aur co�e. Nira Flynn said that sLudies i�h�y hav� made have shown ti�iat this is adequGf�e par}cing �or this size libr.ar_y. Tlze meeti.ng rootn will hold 100 peop]_e. Mr. C1ar_lc said that when Court is in sessian, �•�e sometimes have parking problems at Ci_ty I-ia11. Th�rc� could possibly be some agre�men�t on using each others parkinc7 i�or overflow as Z.ong as, they are both �ublic buildings. Ma�. FlyiZiz sai.d as to thc mechani.cals of the buildi.ng, the boi]_:. would be �in the bui_ldinc�, buL- the air handli.ng rnachinery will be oi� the roof, which is behind a stucco wall. He said we have tr_ied to keep ��lZ the sp�-:ce in the intcrior of the buildinc� as flexil�le as possibl�. We find tha#: in working with these libra�°ies, Ehat they want to change everyt.hing arounci every f ive years or so . Mr. Di•ic;a.ns �sked �ahat was behind the thinking of having no windo�,�.s on tlze gzouild floor? Mr. r'lynn said it was tr10U��lt that this was a very busy corne.r and due i�o the amaunt ot traffic, it was i:,hottght i.t was bettcr i�o turn i�his i_nto itseli� som�what. r7rs, McC��i'.r_on sai_d t.hey do have vandaJ_ism pr_ol�.lems , also. Mr. P'lynn saa.�� it gi_ves us a l.ot of �otcntial. wall spare al.so. Mr. Yottng said onF.� o� the ferli�zgs of the Library Board and i�hc� �ta��, was t}�at we wer�:; �� Planning Commission Meetinq - April 17, 1974 Page 9 �� 2H dealing witl� a closed structure, and it would b� dif_ficult to add � on �:o this builc�ing. Consequently, we n�Ed to keep this building flexible and c,re arc par_tially responsiblc-� for this building not having any windows o�.i the lower level. Mr. Flynn said in a lib?°ary the action is inside, not outsid�. He said the way the windows are placed � wouJ_d be ver_y preti�y at night when the library is lit up. W� hope that tl�e amenity nf having trees on the site will make this very attractive. � � � Mr. Young said that the main entrance was fr_om the parking lot. You will entcr ir�to a disp]_ay area in t.lie foyer. From here you �vill be ab7_e to go iri�to thc meeting room or i�he library. Nr. � Yourig sai_d he had tal)ced previously about the a::ervices that wot�ld be prov�idcd U�� thi� uran.ch libr_ary. It will be a full service libra.ry anc� v:�i].l offer �l-.he �arne servic.cs as the rna:i.n library. The ��,ork room is small in conL-.rast= wi.th the size of the 1.i}�rar.y because rr.ost of th� tecllnical b�cic-�up service will be providect by the main library. AIr: Lindblad asked �,�hen ih�y thought they would start constructio�i. P�ir. Youn.g �houc�hi� it would be late summer, and they �•�ould have �_t closE�d in Uy �air��ter and would hope to occupy it in the summer of Z975. I�r_. Drigaz�s asl-�.ed if this bui�_d�_rig woulc� require any varianccs. A'ir. Yot�ng said he. didn't b�lie�Te so. Mr. C1ark said he was concer_n�d about the two dri_ve��ays on 5th Street but hc dicin` t see how �this problem could be solved. _' Nr. Iiarris righ�L hand tur..n I5th S tr_eet. � � � � said ther_e will have to be t�-a�fic controZ for the onta P�iississippi and there should be a stop sign on Mr. Drigans said we shouldn't forget thzt we are goinq to liave five singlc L-amily residences on I�Iississippi Street �.lso. Mr. Young asked if t}Zer_e was going to be a m�chanical signal at 5�th St.reet �an.d Mississippi. Mr. Drigans said the Wall Corporai�ion had asked for a mechanical signal also. ,. A'ir. FitzpaL-ric}c said we have knoum �rom the beginning o� thes� proposals that tlle traf_fic on 5t.h Str��t was g�i_ng to be a problem. Eve.ry effort should be made to minirni.ze the problcm. Mr. Young saic� they were aware that -this proposal might aggrav�zte an already existing situation. - Mr. Young said thc Library Board was pl�ased with this concept, and t.hey have �zcceptec7 these prelimi.nary g.lans as pre �en�ed. I�Te are 'mov�.nq to i�hc wor];inq c�r_awing stagc. The ex{�erior wi11 be whitc stucco vri:t.h c�ar_k t_rirn �nd the W1.IZCIOWS wiil be so2ar_ typ� gZass. Mi, . Cla.r_k as)ced how 1�z�-ge the sign would be. Mr . I'lynn said the sic��i h�id not: Ueen dcsigncd yet. Mi°. Xoun�7 sai_d he thought it would be a 4' x 6' I.i.c�htcd sign. IIe said an unlighted sign wau7_dn't be e�fective � � LJ � �� Planning Commission Meeting - April 17, Z974 Page 10 during the peak•hours �ahich are at night. Mr. Young said he could assure the Planning Commis�ion that this would be an at�ractive sign because they have no intention of ruining a good loolcing building with an unattracti.ve �ign. Mr. Young said he wasn'-l� sure what the next step �ras. Mr. Clark said they �ac�re to present this plan to Building Standards on April 25th. � Mr. Lindbl.ad said -�h�y should have a land�caping plan. Mr. Your�g said i�hey �aou]_dzz' i: have 'chat at the present� time. They wovld have to wait and see hoo,� many t-ree> i.hey ha�,rc left. They would be putting in some planti.rigs� i�ut �his coulciiz't b� determincd a� t�his time. NIr. Linciblad saicl tliey G,�oul.d have to come back �L-o Bui7_ding Standarc�s with � a land:�cape p,1an wller� tlii_s COLIl(� k)� prep�{red.. � � '� � � � � � � � - � A10T.TON 1�� t_31«ir., secanded by I,indblad, ihat the P.Zani�.i.ny Commis��o recomm�nd to Ca.uncil approva,Z `p'f the site �1an and preliminary p1��ns f_-oJ �ti�e extc�rior arcl�itectur��1 dE�sign for a b.r�znch librar� to be located at 4.7_0 l�ississip,oi Street witl� t1�e fo.Zlowing st.zpuZ�� . �` .Z. The egress for l�ississippi Street be f_or. r.ight turri on1y, witl� a stop sign at�d the egress for Sth Street have a stop sign a]so. � 2. The Library F3oard and t_he Ci t� of Fr_ idley endeavor to work out- a rec.i_pr_ocal agreement for over.f.Zow parking. UPON a vo.ice vote, aIl voting aye, the mot�on carried unanimousZy. 5. PtJJ3L1:C IiFARING: P.L4.UEST I'OR A SPrCIAI, USP PERi�TTT, 5P �7�-05, S'PkxtNART` C: W�:IGHT, JR. : To a11o�,7 a gas pum�� for high perfori�lance engines, per Fridley City Code, Sec�tion 205.131, 3, A, on I�ots 3, 4 and 5, Bloc): 3, P.ee's I�ddition, and to al7_ow a garage io.r_ the storage, r_epairs and servicing of motor vehicles not over two-ton c�pacity, per Fridley City Code, Section 205.101, 3, D, on Lot.s 22, 23 and 24, Block 3, F:�e's Addition, the same being 6475 Universi-�y �venue N.E. � Mr. Stewart C. Wright, Jr. was present. MOTTON Uy L.indblad, secondcd by Flarris, that the Planning Commiss_i waivc tlie .r�ading of the Public Hear.ing notice on tlie reqiiest .for a Special I7se Perir�it, SP #74-05, yy Stewart C. Wriglit, Jr. Upon a. voice vofe, a�1 votiny z�ye, thc� �notion carried unanimousl�. Mr. Clark sai.d this c�arage we arc� tzlking about is the old bus qaxagc� uncier the shopping ceriter just North o� City IIall. Tlze gas pump is the onc tha�. was used ��y the l�uses. The petitioner wants to use this fo.r hiqh perforiYtanee c�asolinc for hic�h perform�znee cars . This wi11 chanc�c a private garage and a private gas pump ini�o a commcr- cial c��rage and a commer.c:i_al gas pump. Thc�ie is, no ncw construci�ion involv�c�. Mr. Pitzpatricl: asl.c� what. were.. tlle riigli per.formance cars that � . � . � � � � � � �� -�- Planninc� Commission Meetinq - npril 17, 1974 Page 11 needed high perfonnance gasoline? �Mr. Wright said the quality of gasoline, as far as octane readings are cancerned, are clropping constantly. rederal standar_ds have been se� as to the amount o� tetraet:hyl lead you can put in gasoline. Tvao years �go y�u could huve bought vcry adequate gasoline for the pul.pose of racirig, <<�liich is t.hc purpase he was basically concer, : d with in his oper.a�L-ian. The k.i.nd o� premium fuel you can buy toc:.�y is muc}z, . mizclz laoorer_ quality as _far as the octanc rzting �nd the us�.�ge fo�- }�i:igh ��erform�r�ce enqin�s . Many raci_nq orqani zations have se L up stand�.irds for_ t)i� gaso"li.ne t.l�.ai� is usec�, and those s�Landards meet �allat you u�ed to be al�ilc to buy at a gas pump ��hich is no lonqer available. In orcle�• to havc� a. cori;7�et::��f�ive r.aci�Zg erigi.ne, the ccm�r�ssion has -to be sct quite h:ig�l anci u�ing the current gasoline that is available, you can ciestroy an engiriea H� said thei-e cvas an orqan�.zation head�d }�y a docta� of chc�r<<is t_.ry in Te�=re II�ute, Inctianu, who has come up �aitli a disi=iibuto�_�shi_p set.--up, v�her_e you buy your ;as loca.11y, get an additi�e from l�im to brinq i.re c�as yol.i hav� up to the s�andaa�d necessary for_ . � high perfarmarzce en.gin�s. He planned to have such a distribu�orshi.p. Y�u c<�n`t burn aviation gas because th� racing organizations �aon't alla�a it, and i-(t` s alrnost impossible to find high. octane gasoline from ot.her sources. Mr. Fii�z�>atrick a�lied ho�a P'Ir. Wric�h�t woutd know ��T.hat kind of � gasoline he was buyi_ng be.fore he pu� �he additive in. Mr. Wright said you send a sample of the ga.solin.e you have purchased locally, they send you �che additive, and ano-thcr sample is sen-t after ih� � additi.vc, i_s mi ;ed �1�i�th the c�as e Every time you get a mixture, it is given a batch number. The pe-rson who buys this gasoline for racing will have to give t.l�ie batch nun��b�r beforc he can race. Mr. Wright sa�.d �his fuel will be used str_ictly fo7_ rac�_ng ana will sell for � around $1.50 a gallan, or_ iTiore. He said this gaso.line �vill go riqht . into a rucing car or into 5 gallon cans, and he would bc� selling this gas almnst on an appointment basis. He said there are tw.o pumps at � this locat:ion, buL- t.hey hav� bec�n ins��ected by I3ob �ld.r_icn, ttle Fire Prevention Chief, and only or� purnp �a�s in qood enough condition to be used for this purpose. � � � Mr. Fitzpatric;c asked if th� qarage would be used far racing cars also. Mr. Wriqht sai� the garaqe would be for more of the averagc� automobilc�. Iie said l�e �aants to tie this in �vith his business, Champion Auto, ancl lie wasn't sure he �vas goinq to run this garag�, He has a friend who is inL-erested in �akinc� ovcr the garage portion of the businc�ss. Tl�e portion that is di_r_ectl.y under his store, the Southcrn most pa�_t of the buildinc�, does nc�t meet the fire specifications for auto repair. `I'his portion will be used :;trictly for storage of snow- moUil.es, boa-Ls, eLc. `.I'he other side of �l.he bascment is quit� large. � This is under tile Karati porLion o� ihe buildinq. This is where i�he au�.o reL�ai.r work wi]_1 be done. � Mr. Dr.igans aslced i� the addi.ti_ve w_'t1.1 nia}ce it morc vol�it.11G'. Mr_. Wr_ighi� burns slo�aer t�han regular gasoJ_inc. � that would be put in the c�asoli.ne said a high octane gasol.in� �� u � � Planning Cornmission Meeting - l�pr.il 17, 1974 Page 12 �_,\ Mr. Dr.igans said that if the owners of the racing cars wanteu to make use of the garage facilities that they would make a lot more noise than regular cars. Mr. wright said that the Karati_ school makes a lot of noise a11 by itself, but he was aware of a noise problem. � Mr� Drigans said he has seen this type of operation and most�of the repair work is c�one at night on racing cars, because th�se people have other jobs during th� day. He said he didn't know ho�� many singl_e family horacs would be a�fected by i�l�is noise, but he �aould hate to be sitting or� thc� Plani�ing Commission tr_ying L-o hear over the noise o� a high periormance engine. This is also going -to be close to the library. �Ie said this �-�au the only reservation he wou�_cz liave in granting t11is �pecia]. use p°Y'ITU_'i, and he thought there should be a time period put on this p�r_r.1it to see ho�ti� it go�s . � Mr. Lindhlad asked if �ahen I�1r_ . Wright rar� out of gas or the� tan}: got lo�a, woul� h�� have to stop selling gzs until he got a new bztch, or cou.ld h� m�_x batches . I�r . T�dright said he didn' t know hoG� this was going to b� ha�zc�led so he cauldn't answer thzt question at this time. � Mr_. C�riqh-�: said. i.hcr..e was a very de_finite need for this gasoline and he has had a number ol peon]_e asJ:i.ng him to make this gasoline available. � � � � � � � i � � Mr. I'itzpatrick asl:ed where �h�se people were getting �their gas now? Mr. �ar.�ght said he had talk�d to on� man wh.o said he �•�as mixing hzli premi_wn cfas and half aviation gas, but he didn't know how long �le wou_lci g�t away t•rit.li this mix�ure. Aviatio�z qas is hard to get i�oo. Mr. Blair asked if the Fire Departm�nt requested any changes befor� this was used as a garaqe. Mr. [a.right said he had asked Bob Z�ldrich to go over i.he r�roposed qaa_age ai�d he said a 100 gallon water heater that sits on th�if�� will have to be moved to the other side of th� wall. ` Mr. Fi.tzpa�.ric}� said this use is very similar to what this building was used for before, because th�y did repair buses there. P!Ir. Harris asked Mr_ . Wright if he was going to do any body �aork or painting in this garage. Mr_. t�lright said they woi.zld be doing.tune-up war.l�, br_akes, noi�hinc� very heavy. There would be no hoists and they wouldn'L be doing any body work or painting. Mr. Drigans ask�d how much storage Gaould be available. Mr. Wright said the�.�c was �� total of 9, 000 squa�re feet. Mr. Drigans said then ther �hou.ldn't �e any outsid� stor_aqe of_ cars. Mr. Wr_ight said they wcre worried about vandalism so tl�c�y didri' i� intend to lzave any outside storag There is room inside for at least 30 cars. Mr. IIarris szid if the Planning Commission was qoing to approve thi �- ��request he thought they should ask far secur_ity fencing around the gas pump. �� A�r. C�r.ic�hL sai.d he thought of putting posts into concrete around the punlp so rio vehicle could drive into the pump. I�1r. I3ar.ris said h� cou:Ld �s}: N.S.1'. to put a n.i.ght 1_ight. on 1�}le power pole and liglii, up �� tr�e wl-►ole ar.•ca i.n the bacl. of tl�e uuil.ding. lIc� sai.d tlZis is closc to City Hall, if the pol_ice did hear something going on back there, they � l� � -L Planni.ng Comm�_ssion Meeting - April 17, 1974 Page 13 wouldn't be checking on this area in the dark. Mr. Iiarrzs asked Mr. Clark if �Lh� lower level had all the bathroom facilities. Mr. Clark said it did. Mr. Drigans said that in reading a copy of the lease for this propert�T, i.f� runs until September of 1975 and he thought the Planning Commission should set i�his zs the time limit for r�view of this business MOZ'ION by I�riyarls, seconded by Blair, that the P].anning Commiss•ion c2ose t1�e Public Tlear_ing on �he request for a S�ecial Use Permit, SP #74-05, h_1 Stewart_ C. Plright, Jr. Upon a voice vnLe, a11 voting aye, the motion carri�d un�nir�ously. � r+; �, `:.. , 'rk. D10T•.TQN bg Z,indblad, secr�nded bc} Harris, tha� the �`;��6�t' �is_s.i.o x'ecoi�i2nend ` to Council apps`oval of the request for a Special Use Perm.i.t, SI� #74-05, by Stec-��ari: C. GJright, Jr. , L-o a11ow a gas pump for 1�igh : perfor.r.rance eng_ir�es, per_ I'ridle� Cit?� Code, Section 205.131, 3, A, on Lots 3, 4, and S, Block 3, Re�'s �lddition, and to allow a garage ror t'�� st�orage, r�pairs and s�rvicing of motor �vehicJes not over two-ton �� capac_i t�, p�r Frid] c_�� C_i ty Code, Sect-ion 205. 101 , 3, D, on Lots 22, 23 and 24, F�Iocl> 3, Xec's Addition, t-he same being G475 Universit� Avenue N.E., wit_h tl�e follor�ing st.ipulations: 1. This S�ecial Use Permit, SP #74-05, to ritn concurrently with the pres�nt lease dated t.o �xp.i_re Septcmber 30, 1975, and be reviewed� at, t1�ai: time. � 2. Prov_ide a nzght .Ziyht system for the gas pump. UPON a voice vote, a.Z_Z votin� aye, the motion carried unanimous.Zy. 6. DISCUSSION WITH C1-IAIRi��AN Qr LNVZRONI�7L,N�I'TiT_� QUI�LITY COI�IMISSION Mr. Langenf�ld had }�een present during the entire meeting. Mr� Fitzpat>>ick asked bir. Langenf��_d iF he had read the comments made by the Ylann:i_ng Commission oil tl�eir request that a member of ttie En�jironmen-L-al Qual.ity Golrimission become a per_manent-, member of thc Planning Commission. I�e said as you know :Erom the minut�s, �ae didn't make any recommendation but we were favorable to this request, esp�ciall_1 because of_ the growing imp�rtance of the concern of environmental imp�c�. Mr: Clarlc said the Chairman of the Environmcni�zl Quality Commission could bc an ex-oFficio member of th� Pl.anizing Commission. Iie said ' that Mr. Lanc3c�n�ld attends a]_most al1 of i�he Planning Comnlission meet- ings and instc�ad of ��.ttiz�c� �_�z tlie audicrice, he could sit c�ith tlle other m�mbe.rs and con�Lribu�e to the C�ISCUSS1011 G'VC11 if he couldn't vote. � '. Mr. Lanc�enfcl.d said he wasn't i�oo cancer_�Zed about vo-L-ing, but there w�ci�e conul�ents he �aouJ_d lilcc t.o make on sonte pi:o�?osals. Hc said he told thc otlicr meml�ers of his Commission, that while he was n�ithc�r tYie smZr_ tc�st man, or. a dummy, he woulcln' t b� Cl7airman indef initcly, and w]ioever suc:ccecis hi.m, woul.d h��vc� to know sometliing besides tr_ees, to be a mrmber o� the 1'lannii�g Conlrnissi.on. � � � � � � . � � � � � � � � � � � ') � � Plann:ing Commission Mceting - April 17, 1974 Pae�e 14 Mr. T'itzpatric}: said that in our discussion there weren't any comments that �aere unf_avorable to this sugg�stion. It was mostly queS�lOI1S on detail.s and procedures, appointment scliedules and things like that. � Mre Harra_s asked Mr. C]_ark what the City At�to�ney had sai.d about having six members an the Planning Co�nmission. Mr. Clark answered that he didn' i� malcc� any firm decision, but he said� ��erhaps the Chairm?n of the l?J_annir�g Cernmission no� vote unlc�ss �there was a tie vote, or else tlie Chairman of the Eiz�rironm�ntal �ual.ity Con��lission could b� � an ex-ofr:icio mem;�er and not vo�Le. 'I'here was sonle ��iscussion at a� staf� �nse�.ing L-hai� i-t �,7as rat.her hard to judqe the importance of all the subco�nmittc�es that the Council has appointed, and how many of them sh�uld l�.ave repr�sentation on the Planning Commission ana h.ow many. oi them should noc. � � D�ro Cla��}c sa.i_d tlie Environm�nt-al Quali�cy Commission. has b�en in �xistQ.n.ce fo�� abou i t�a� or three yea.rs and grew out of a task force to �tuc�y Il�oore Lake. Nir. Fitzpa-�rick said ther_e wa.s «lso commcnt made that perhaps the Chai_rman or anoth�r men:ber of i�his Con�.mission uhould be par�t of the Parlcs & Recr_eatian Comniission. Mr. Langenrelc� said he didn'i mean to imply that zhere was any problem w�.tl�i ge�tinv ��long, but he t�hought the F.nvironmental Quali_ty Commission and =the Plan:n.ing Comma_ssa_on could war)� together better than they �have Uecaixs� so many things are in-rer-related. P�ir. Lan�eni eld said at thei.r last m�eti�zg, the suggestion �aas made that the Chai-rman of the Humari Relations Car�lrrtittee be the tie breal�er_ . Mr. Fit2putrick saic� this was ano�ch�r problem in tlZat the Planning Commission doesn't ordinar_i1y get th.� minutes o� the Environmental nuality Commissian. Tt �n1y rec�2ives the minutes from the subcommit-i=ee.� of the Planninc� Co.nmi.ssion. . Mr. Dr_igans said if i�hese commii�te�s follo�� p�.L:� �.a_amentary procedure thc Chairman of any Boarcl or_ Commission does not have to vote if he so cl�c,oses. Mra ��itzpat�_ick said the Ch��irman of the Planning Commis�io has always vo�Led. � Mr..Dr_igans said he �•�as not at the last meeting when this was discuss�d. Iie as)Lc�d Mr. Clark iL there caer� any ordinances or policies tliat s��.ate that bc�for_e a citizen came in to make � r.eq�.est tliat somc type of rc�erra.l is mad�.t.o the L,nvironmental Quality Commission? Mr. Clark said not at th� present time. Mr_. Drigans.asked if the Council reft�r_red anybody to the I;'nvironmental Qualii�y Commission. He said he . felt this was mainly as issue type thing. Mr. Lailgenfeld said we advise the Council on certain tllings. Some oi the thinqs are Moot� L"ake, North Park and now the tree ordinance. � � � � E� � '"'� Ptanniizq Comm�ssion Me�eting - April ]_7, 1974 Paqe 15 Mr. Drigans said the SU}JCO1l1:T1]_�t('�5 and the Planning Commission were set up k�y Council to obtain bacicg.round from petitioner_s so th� minu��es�of our meetings could be studied by the Council before their action. Ther� has been no ordinances or codes modified to direct petitioners to the Environmental Quality �ommission. He said he had no objection to another memuer of the Planning Commission if that member has som� jurisdiction �or citizen input. Mr. F:i:tzpatrick asked Mr_ . Langeni�eld when his Commission �aas set up, �,�hat werc� i�hey cliarged with? Mr. I�angenfeld said things arE reierred ta them dircctly from the Council. Nr. �'i L-z;?�itr_ ic}: sai�l that wllat Ir�r. Dr_ iguns �>>as pointing ou.t was � �ha-L- the ot}ier_ �ubcom,�litte�s of i�he P]_anning Com,-nission ha�re things r�ferred -L-o �izc-m }�y definition whi.r.li co,�,c io �Lhem routinel.y. Nlr. Fitrpatricic said this is why your Corrn��ission has be�n �y-passed uy the � P1a:zninc� Conunission ar�d ��aiiy �•,re do no-t� rc�ceive your minutes. `l'hings are referrecl to your Conu�lission by th� Council and you malce your recommendarions d:irectly back to the Counci7_. � � � � .� Mr. Fitzpatricl�� said h� though�� ae �aere very close to the tin.e unc��n there are goillg �o have to be erivironmen�a.l sL-atements made and envi_ronmcntal regulations co:npli.ed �vi�th, which is going to make a Colnmission such as P��r. Langcnfeld is on, have r_eyu]_ar referrals. I see no reason i�he Ci�t�� af Fr_ idley can' t be firsi: ' an this and h� couldn' t see any object:i.or� to havir�g the Chairman af �th� Enviion�:�ental Quulit�y Commiss:i.on � member of the Planning Coinmission under these circumstanr_es 7. ��'Tk2EE dRDINA�TCP Mr. Langenfeld asked if Section 5 of the ordinance drafted b_y thc Plunning Commission was mean�L- to be an advisory referen.dum. riir. Fitzpati: ic;c said �his was not the inteizt of Section 5. Ou.r intent was thut this b� a binding referendum. FIe said the proposed tree ordirlanc�� that we recominendeci�aas a serious proposal. � MOTION by Har_ris, seconded by I_indblad, ihat the Council be advise,d that tl�e re�er. endum .i_n Sectior� 5 of th� proposed ordin�Znce wa :' �x.�.:3.. ' � . . .to be a bi�nding xeferer��ium and not an adv.zsory referendum.,� Upon a� voice � vat_�, Ilarr.is, 7indblad, 1�'itz1�atricl� voting aye, L31air, nay�; Drigans abstaining, the motion carried. � � � L_J L� � Mr, llri�ans said he w��s personally against government by rcferendum He helievc�d �ae c�lect our public of�icials to gover.n and thcy speak for al.l thc� mcmbers of �.he community. The small number of people who vote in a spec::ia�_ election shauld r.ot det�ermine the policy o� the City, Mr. Blair sai.d he wasn' i� in favor bf making tl�is a��inding referendum. Mr. Langenfc�ld asl:ed if bai.h thee>c ci=.diriances could be pui: to a �-efc�rcndum voi�e. Mr_ . I�'ii�•r.patr�.ck :�aid he dicin' i: know how this would b� hanc:l.ed. T�1r. l'�<Znqenfeld askc�d it an ord�_nancc passed by re:Fer.crldum votc>� r.oulci be amended. Mi:. Cl��r.k said he didn't know the policy on this. fie said botli thesc qucsi_:�ons woua.d have to be answer.ed �i�� tlie % L� � � I� � � � �-v Planning Commission Meeting - April 17, 1974 Page l6 City Council meeting when the City Attorney was present. 8. SLCOND 7�NNU11L CONFPRENCE Ol' INNOVIITTONS IN GOVFRNMENT �Mr. Clark said he had madc r.eservations for two members of the P1an.ning Com,nission to this seminur and he uroridered who wouJ:d be going. Mr. Iiarris said h� woul_d go. P�zr. Titzpatric}: said he had a brcal:fast meeting on I�pril_ 20t1�, but h� would get Lo this serninar_ as soon as he could. DSz. C1ai_k sai� he was pl.anning on attending if he didn't have to qo out of to�an Lor the weGk-end. . � 9. COUI'�TTij ROl�DS T�r. �iar_ris said he t•houqh�t the City str.cets wcrc_� in very good con:?i_tioi�, but llc� could not say t}le same for Coun-L-.y ro��.ds, He said riississippi_ Street, especi_ally along �he railroad tr_ac;cs, U,as in vury bad cOl'iditiOt�.. FIe asked I�:r. Cl<�rk t�o call P�ir. Lundheim's office and see ii this str_ee-� co�ld be kept in som.e kir�d o� repair. Mr. Cl�rk said �tli� bc�st rot�te for thi.s wUs to have the Coun.cil bring it to tize County Commissioner`s attention. 10. V11RI7.1I�CP_,S I�I�7T� SPECII�L USE PFRt�Il'TS FOR BILLBOARDS � Mr. C1ar_], presented a fo.rm that v.auld be used as an application . for a special use pei�nit ior ';�illk>oarc�s and tlie ans�.�ers on this applica�tiori �,�oulc� det�eri�lin� whether a variance was need�d or not. I�r. � Clar3� saicl he b�lieved that the Board o� Appeals and the Planning Commission �ac�re goir�g to c3raft uP some guidelines they �aerc� going to use in grantinq o�: denyizzc� special us� permizs and variances. � .� � � Mr. Drigaris said the 13oard of A�peals doesn't have a very good record ��s far_ 3s th� variances they deny and the Council approves. Mr. Fitzpatricic said ra�Lher than havc any more joint meetings, that whatever was going i.o be done should be at the Board of �ppeals level. P!�r. Dric3an� saic� he t.hough�L- thc agreemcn.t was t.hat �Lhe two f3na.rds sit do�an together and deci_d� this, because some billboard� may ne�d a var�_ance aild otliers just need a sp�cial use permi.t. He said he thought thcre should be joint meetingsfor these billboards, or just ha��e one body h�ar t�ie�e requcsts. Mr. I� itz��atrick I Mr. Clark said �hi.s draf�. up guic�elihes � � said L-here a�°e complica-�ions wi_th joint m�eti_ngs. caas why the City 1lttorney had suggested that tlley that would be used in considering th�se requests. Mr. I`it:zpai�ricl: said. that it was deci_ded tha�. each •reqtzest be cansidered o�z its own mcrits, but guidelin�s slzould be established. Mr. I'i_�zp�tricl: coni�inucd that iL he were a petitioner, hc would hate to be tol.d ahcad o� timc which varianccs ;aould b� granted and which •would be denied, l�ecause that would bc why he �aould be going for an appe�].. . �� Mr. Dri_gans sai.d tYii � was true. He JC�1� we would have to look at the pa�,i�ci-ri ol the yari�nces tllat would ue needed and see: which ones would r-cal.l.y be extreme. � � . . . % � � � , ..�'� Plannine� Commission Meeting - April 17, 1974 Page 17 Mr. Clark said maybe we should just send these forms out on the existing bill_boards and see what the variances are going to be, and theii make up the guidelines. Mr. I�itzpatrick said �_t seemed to him th�t we had c�ott�n most of this information at the joint me�tiilg. Mr. Clark said Howard Mattson had gathere� ±-his information fo� the joint rneeting of the Planning Commission az� � the I3oard of A.ppeals. Mro Drigans said w� need to have some typ� of guidelin�s becuuse th� maJce up oL tl�e d.iffer�n�c committees cnanges from time to time, anci �hc�i� their dccisions cou�_d be different�� Mr. I'itzpatrick said his f�eli.ng c,�as that the ordinance �aas ��he � � guic4e],ine. . .� Mr. I-iarrls said if w� deny all the reques�ts, �ae would be putting our lega:L sta�f on the spo:c in defending this posi.t�_on in Cour�L. He said if �a� establisri stringent guidel_�_nes, at least this �aill help th� 1ega1 staffo � � � � � � , � 1 � n4r. D�igar.s sai.d �th�?t b�fore we star-L- loo}ci.ng at variances and spccial use permitS 11�i.Q1V1C�Uc'i�7�7�-. he tl-�ough.t a pattern should be establislicd. so ��c v�ould know what kind of requests we would b� getting. Mr. Drigai�� saic� it coulc� happ�n that the Board of ?�pp�als cot�ld get two or_ thre� r_cc?u�sts for one n�ee�t.ing. Tt�e d�cision couZd be that it `tlze men,bel°s .fcJ_-� that therc ��as no 'zaidship invo.lved, they could tell th� pe�itione.r_ that he l�ad to ab�:de by the code. t�7hen the Plan- ning Commi�sion c��ts the r_equest� for a special use p�rmit, they ma�� apprav� or deny ite Then �th� Council can turr� around and start- appxov- ing tl��e v�riances and Cpecial Use Pe.rmits. Mr. Haziis said the Counc?_I. can m�k� zny decision it sees fit to malce. A11 we can do is try to d.o our bes� and giv� the Couizcil oizr recomrn�ndation, Mr, ritzpatrick said he thought any ordinance, that was constantly appe��lcd should be looked into, because p�rllaps tne ordinance ne�ded to be changed. � Mr. Har.ris asked if i.here are any signs that inet th� code cvhen they wer� erecL-ed but b�cause of rezonirlg �r development, they don't mect thc� Code now. Mr. Clarlc said there are so�ne on the North end o.f UniversiLy Avenue that have been aff�ci.ed by new intersections. Mr. Cl.ar_lc said the Board of Appeals and Planni_nq Commission might think abc�ut wheth�r they might give �Lotal denial or t�otal approv�l to th�se requc�sts. 1Ie said they could also ext�end these billboards for a certain ]_iraitc�d tirne, say three yea.rs, which would be in addition to �:he five y�ars the petitioners have izad:on these uillboards. � �� Mr. Drigans said he �e1t i�h�-�t both the variances and special us� permi�s should be haildled a� the PI_ann�ng COT�lIlllSSlOI1 level. Thi.s would allow the peopl� to come to on� meei:ing. � � � Mr, Iiai:ris sai.d hc� 1�11ouRlzt thi_s would have to be a joint nteetinc� then ber<ju:;n t.he P]anning Commissiori was not aut3lorized to make recommend�i�.ions on varianccs. �-Q Planni� Commission AZeeting - npril 17, 1974 Page 18` ___ Mr. Clar_k saic� he could check with the Ci.ty 1lttorney on this to see if both requests could be handZed by the Plannin.g Commission. Mr. Harris sai� maybe we could call them visual pollution and refer. them alZ to the Enviro��m�ntal Quality Commission. IIe said he thouc�ht thc, Chairman o� this Commission should b� an ex-officio memUei of the Plannii�g Commission wl-icn these requests a.re to be heard. Mr. I�indblad asl�ed on what basis �•,�ould Lhe Planning Comm.is�ioi� deny th�se request:�. We will_ have to hav� a reasori. Mr. Harris said � t�le reasons �aou�_dn' t b^ the s�me as thc� Poard of A.ppeals wou�:d have. Vde G�JOUlC� hav� �o c�ine txp �vith r_easons 1ik� envir_onmental pol:!_iition, u��sight7,y, vi.olat.cc th� codes, etc. t�hat miqh� happen on some of these request: �.s that �ae '�vould exi�erzd them f_or the length of the lease. I-Ie �-,��uld r�o-c li1�e� t^o see �nyon� financ_�Ul-�y hurt. These could be extenc�ed �or a maximtzm of two to thi ee years . I�Zr. Clark said ther_e �ae.re some srnall bill?�oar_ds that wer_e on such small ��i_cces of_ p�:-operty, that the pro��erty has no other use, and tt�is ��aill ha.ve to. be conside.red al.so. Chairrnan Fi�.zpa�ir_ick adjourned the meeting at 11:50 P.M. Respertful7_y submittcd, <Y��' / %%f : �'".!,%�'�,-:� /.��'�`�' f �r, -7 ,,�Y' _ .______ _._____ ______ DorotYiy E�:�nso.ri , Secr_ etar�� i , ' � , ' � � i � � � � , � � � � � 1 � � � � THE MINUTES OF THr BOARD OT APPEALS 5UBCOMMITTEE MEETING OF APRIL 23, 1974 3 The meeting was called to order by ncting Chairwoman Wahlberg at 7:35 P.M. MEMB�RS PFt�SFIQT: Wahlberq, Gabel, Plemel MEMBERS ABSENT: Drigans, Crowder. OTHERS PRESENT: Howard Mai�tson-Engineering Aide MOTION by Gabe1, seconded by Plemel., to approve the minutes.of the April 9, 1974 meeting as written. Upon a voice vote, there being no nays, the motion carried. 1. A REQUEST FOR VARI:ANCFS OI': SECTION_?05.053, 1_i3, FRZDLEY CITY CODF, TO RIsDUCE THT MIP1Ir',UI�I LOT I�Ri�11 ON A L,OT F{:COi�L'iED F3F}?UP.E DECL''1�?��fs'R 29, 1955, _T.� KOM 7500 SOUAFtE FEI:T. TO �?_50 S9;)�'1I:F; I�'L;:�`I', I�DID, S�.CT10N ?05.053, 4C, TO REDUC� i'iII, RE11R YI�F:D SEi'B?1Ci` ;?F.Oi^I� 25 F'PE7' 7'O ?.2.5 ��ET"T, I1i�I� S]?CTION ?_05.053, 213, TO :2EDUCE TIIr T�IINin1UR7 LOT 4QIllTA F';:0��1 50 PEFT TO 40 }?Ei�T, A�1D, SECTION 20_`i. 053 , 4B,, TO ?Z�DUCE TiIE T.�iINIi�;Ui�i SIllF YAi2D S3sT- BACY. FI:O`�1 10 I'�ET 70 "/ FLl I' OiV `1'HE SOUTH STDL OF THI: LOT, A�ID SECTION 205.053, 4T, ST�, TO E2EDUCJ�� TiIE� c�:IDF� Y't�l_D SI�Ti�I�Cr; O:� �.CHE S'iRF�:T S1DE OPr!`1 CORc�}�R LOT FROi�t 17:5 F:.,?�'.T TO 3 FEP;7' Oi�T `I'1I„ itiTUt�'i';I STDU OF THF LOT, ALL TU I�L,LOti^7 THE COPtiSTRUCTI.ON OF A D�^7ELL�I;iG TO FiE LOC71Z'I;D ON LOT 1, FtLO�� 2, 0�� C;ROVE 71DDITION TO FRIDI�EY P °'` t�'IiiG --- .� *....�.��F�iir�3 �--- 6694 FI:TDLEY STISLT PI.��., I'RIDLEY, .��TNNESOTA. (P�' 3£316 POLK S'1�IZi:ET Pd . E. i�1IPdi�I�APOLIS, f;IiQNE:iOTA. ) UES`l' BY Mr. Willey was present to�present his requ�st. Mr. Willey lianded out a 1� page summary of what has taken place on this property during the last year. He expl.ained page 1 was the publ_ic hearing notice for tonights meeting; page 2 shows a Vacation Kequest: SAV #73-05 Gilbert Men};veld, on the Plats and Subdivisions agenda for 1lpril I8, 1973. Mr. Wi.l_ley added he is purchasinq this lot from Mr. Menkvelc3. He said a�� far as the street easement is concerned, it is not improved and is likely to nc:ver.be improved because of the qrade.of the land. He said he did not want to build on a 40 foot lot and he iaanted to vacate the street easement and have a 70 foot lot. He sai.d he started l year ac�o on the vacation requesi: and the P].ats and SubdivisionS Committee ha d no objections to it and the Parks and Recreation Committ.ee had no obje�tion to it. He said the Plat.s and Subdivisions CammitL-ee at the 1lpril 18, 1973 meeting was only considering whether there was any opposition to the request or not. Mr. Mattson read the action taken�on the vacation request from the minutes of the April 1F3, 1973 meeting; "MOTION by French that the Plats and Subdivisions- Streets & Utilities Subconunittee recommend to the Planning Conunission approval of Vacation request, SAV n73-05, by Gilbert Menkveld, to vacate the public easement oii 67th Avenue N.E., between 1lnoka Street N.E. and.Fridley Street N.E., to�add 30 feet to the North/South di.mcnsion of Lot 1, Block 2, Oak Grove Additi.on to F'ridley Park, subjeci� to the area below i�he top of the bank being retained for park purposes, and i£ that is not approved, the Cit�y retain the easement for pa.r}: purpos�:s. TII� MOTION DIED, for lack of a second." Mr. Mattson continued to read from the minut:es, "MOTION by Meissner, seconded by Engdahl, that the Plats and Subdi_visions, Streets & Utilities Subcommittee recommend to the Planning Commission dcni.al of vacation request SAV #73-05, by Gilbert Menkveld, ta vacate the public easemerit on 67th Avenue N.E., between Anoka StreeL N.E. and Fridley Street N.E., to add 30 feet to i:h� North/South dimension of Lot 1, Block 2, Oak Grove Addition. Chairman iiarris called for a roll call vote, Meissner and Engdahl aye, Harris and I'rench nay. hir. Clark said the Subcommittee could pass this vacaLion request onto the Planning Commission without a recommendai:ion." MX. Willey stat.ed the requnst'went to the Planning CommisJion meeting the same night and page 3 of the summary reflects this request kieing on the ageiida. � � � � � ' i ' � ThG Minutes of. the Board of Appeals Subcommittee rleeting of �pril 23, 1974 Mr. Mattson read fr�m the �pril 18, 1973 Planning Conunission minutes: "b10TION by Minish, secondcd by Harris, that the Planning Commission continue vacation r_eques�, SAV ,�-13-05, by Gilbert Menkveld, to vacate the public easement on 67th Avenue N.E,, between A�ioka Street N.E. arid I'ridley Street N.E., to add 3D feet to the North/South dimension of Lot l, Block 2, Oak Grove Addition to Fridley Park, unti]_ riay 9, 1973, due to the number of questions that need answcrs before a decisian can be made. Upon a voice vote, all voting aye, the motion carried unanimous.ly." � Mr. Willey stated they cont5_nued the item to allow the members time to inspect tlze property. Mr. A4attson read from the blay 9, 1973 Planning Conunission minutes: "MOTION ' by fIar.ris, secondcd by Lindblad, that the P]_anning Commission recommend to Council. appr_oval o� the vacation request, SAV #�73-05, by Gilbert M�nkveld, to vacate the public easement on 67th Avenue N.E. betw�en Anoka Street N.E, and Eridley Street I1.E. to add 30 feet t.o the i�arth/South dimension� of Lot l, . Bloc);.?.. , Oalc G.rove 1lddition to Fridley Park, maki.ng it a buildable>site �wit�iz i_he stipul.at.ion that all land below the elevation line oi' 902 feet be rededicated bac}c to the City for park purposes contingent upon the structure that is proposed for this Iot be compaf.ible to the area. Mr. Sodahl said he could not agr.ee to the 902 foot elevation line on his lot because the elevati.on was di�f-er_erlt on Anoka Street. Mr. Iiarris amerided his motion, ' secoi�c3ed by Lind:�lad, to read that the petition c��ould rededicate alI the :proper_ ty lying below the crest of the einbanl;ment ��hether it be street easement �or not as determ_�ned by the �-�.roperty o�•aners and the City administration. UPON A VOICT' VOT.L, all voting aye, the motion and amenc�ed motion carried unanir.iously. " ;Mr. Willey sta�ed he had.pr_oposed a 2 story house in 1973, the plot plan being I sho�m ori page 8 oi- the sui�unary. He said he had proposed a 24' by 36' dwellinq w,�ii�h a 26' by 28' qarage with a deck. He said it would have had a mansard roof �which would give the house a lower appearance and resemble the other property � in the area. He stated he received obj�ctions from.the neighbors on th� 2 story and it was their opinion that a llz story would be more compatible with the area. :He said he is noca propasing a 11� story. � � , � , , � � , ;Mr. t4illey stated there was a public hearing held before the City Council on June 11, 1973 as indicai.ed by page 5 of the suirunary. Mr. Mattson read from the �June 11, 1973 Ccuncil r7inutes:'"Mayor Liebl advised the applicant that the Council �aould take action on the request the follo�eing meeting of the Council. He said the members of_ the Council would visit the area and they waulci make a determina�ion �when the Ward Cauncilman Starwalt was present." - �Ir. Mattson then read the entire discussion of the �ouncil £or this item from the June 1£3, 1973 Counci]_ Minutes: "Mayor Liebl said at i�he May 9, 1973 meeting of the Planning Conunission thcy had recominended approval of the request. The. City f',ngineer said he would like to point out the area being discussed and referred to th� map in the agenda. He said.there is one 40 foot lot. riayor Liebl said according i.o the building code, they could not- build a house on�this lot. He said theX would havc to go through this vacation. The City Engineer said he �cannot build. Mayor Liebl said so, in order to alla�o the construction, the Council �would have to approve the vacation of the easement. The City Enginecr said i.here is a�75 foot irontage minimum requirement also, and this lot would only be 70 feet in front. Iie said t}ie applicant would neec� a variance to build on the lot with the . vacated casement. � i � a � .� � u � � � � �� LJ The rSi_i7utes of t}le Board of 1lppeals Subcommittee Meetina of A�ril 234 �1974 (continucd excerp from minutes) 3B Mayor Liebl called ori Mr. Craig Willey, contract purchaser, and said he had promised at the Public Heariny that he would make his house plans compatible to the ar.ea. IIe asked r1r. Wil].ey what he intended to do. Mr. Wil]_ey addressed the Council and said he had p].anned a home which would blend in with the general �character of the rleighborliood and the embankment. He said he had intended to incorporate a mansard roof over the second story al.lowing the second story to look like tlie roof. He said the home would reseznble a one story home. , Counci_lman F3reider said if the builcling plan is changed to be feasible with the neighborhood, he �vould still not favor the �roposal of vacating the easement. He said t:he City t�,�ould nced t.i:ie access on the high ground, Councilman �3reider • said Pte thought the Cii�y sh�u].d retain i�he right of way and roadway. Councilman Breider said he dou3�ted if aryone wou].d want a trail through L-heir front yar.d. He said the access could noi: be restricted to the line. He said he could see nothing but problems, and he aclded, he for one, had made up hi, mind and would like i�o a�etain tllc� easement.• Counci].man •Nee said it was his view to xetain the easesr�ent also. Councilrnan Brei.der said he �aoula not want the man to go thr_ough a11 of this work, so he would like him to kno�a that he would not charige his rnind. The City Attorney said he had f-ound tlie ruling on the vacation and it would require a four vote in favor o� vacating the easement in order to vacate a street, alley or:highway. He said tYiere is no mention of a utility easement, .so he �aould not slied any li.ght on. this. Iie said ther.e is no question how rnany votes it woul.d take to vacate 67th Street. Ne said he had no information to tli�_s effect on th� previous item. He said he had not found anything to the contrary, he assunled the motion could be carried with the three to two, majority vote. Mayor Liebl said the ILti�or.ney could advise the Council at the time of the second reading of the Ordinance. He added, he did not want to waste the a��plicants time. Mr. Willey as?�ed i�he Couilcil if they would go ahead with the vote at the ;preserit time. Dlayar_ Liebl said since they would require a tour vote to vacate the street, he thought they should vote at the present time. MOTION by Councilman ;5tarwalt to adopt the first reading of the ordinance, waive the r_eading, and ��pprove the vacation ot the easement �or 67th Street between Fr.idley and I�noka �treei�s N.E., as required Uy b1r. Menkveld on Lot 1 and 2, Oak Grove Addition. aecorided by Councilman Breider. Upon a ro.11 call vote, Breider voting nay, Starwalt voting aye, Liebl voting aye, Utter voting aye, and Nee voting nay, Mayoz 7iebl declared t.he motion failed because i� lacked the four votes in favor ��s requir_ed by the Chaxter." , l�fr. 4�illey informed the Baard that this now brings tl�em up to this time. He said lhe did not receive the vacation because o� the lack of 4 votes, but he,added he c�id have a majority vote and that the i�tard Councilman voted for the request. Mr. Wi11ey stated on the requirement of frontage f�r this parti.cular situation, � he felt that because there �_s no dwelling to the north, that this variance needs unusual consideration. He said the proposed dwelling will not look unsightly on this 1ot �ven though it needs a number of variances. He said instead of the � nrzgit7al proposed Plan, he has decreased �he living area of the house and the size of the gara��e �r�d altered the pla�l to be a 1'1 story split. He said }ie slzows a 9 �oot entry on the dwelling that could be rediiced and he'said he mighi� also be ablc to adjust some of t_he other mcasurements if the Board wishes and if they 1 <�xe practical clianges. He said the variance for thc side street measurement is no� neat to any tiouses. He said the 5 foot setbac)c f-or the garage on the south side meets the Code and the front yard seL-back of 35 f.eet mec�rs the Code. He � �J f , l_J , � � � Pa The Minutes of the Board of Appeals SubcommiL-tee Meeting of npril 23,�1974 said ihe side yard setback fflr the living area on the south side of the lot is only 3 feet less than the Code requires. He said the dwelling on the adjacent lat is 10 feet from the common I.ot li.ne so there would be 17 feet between the structures. He said the variance of 21� feet on the rear yard setback could possi.bly meet the Code by changi_ng the size of the dwelling entry and garage. He said this house will be 1'1 storys, have a hipp roof, and be only � sL-ory higher than the other houses in the area. He said it will have horizontal siding wliich is similar. to Lhe neighborhood. Mr. Wi11ey added i�hat a new house was constructed at the end of Arthur Street that was before the same Baards and at the same time as he was asking for a vacati.on. He said tl�at gentleman al�o had a 3 to 2 vote but he was allowed to build. I-Ie said that.dwelling was placed on property that the Anoka County Park Uepartment �tias very i.nterested in, but he said tl7at was never brought up at the meetings. He >aid he was sure that if it had been brought up, there would never have been a bui_lding permit i.ssued. Mr.. S•7i.11ey said lie �aould l:i:c� the Baard to read the leti�er, on page 14 of the � sunun�ary, that was written by David Torkildson, Director of Parks and Recreai�ion, Ano}ca Ccunty. r',r. Willey said the letter siates his proposal does.not confl:ict with any park plans the way the house on Arthur Str.e�t did. Tiie letter also � � stated that an easem��nt over the northeasterly portion of this lot be negoi�iated to all�w conveni.ent access t.o the top of the embanlunent for pedest.rian traLfic and i�he maintenancc: progran�. N1r, Willey added he is willing to dedicate this � access to the crown of the hill for pedestrian traffic. He said he did not consider thi.s a detrinlent. Fie stated uiher_e he lives IlOW� children are constantly walki.ng through his lot and he has no ob�ection to i.t. r , � , � � r M.rs: Gahel asked i.f. he has o�rned this lot for 1 year_. D4r. Willey answered he is very much obligatcd to buy it and aclded that at the preseni: tiine he does not have the fee title. Chairwoman Wahlberg asked if the sale is contingent upon the Boards decision on the variances. Mr. P7illey explain�d he is going to be obliqated no ma�Lter what happens to his requests. Mr. Plemel asked if he planr�ed to live in the house hi.mse].f. Mr. Willey said he wi.11 occu}�y it himself_. He, added he tras one child, and this hous� �,ould be convenient for going to school withouL- having to cross busy streets and it is elose to park land which is attractive to him. Chairwoman Wahlberg asked haw the driveway would be located. Mr. Willey answered it wou].d be placed as far to i�he south,line as possible and come out to the cul de sac. He said he wants to keep it. away from i:he emban]cment as far as possible so as not ta disturU the soil or the natural vegetation. Mr. Willey stated he has L-o finish off both levels of the dwella.ng to get enough living area to mcet his needs. He said there will be a full basement underiicath ttie garage that will be usc�d as a recreation room and storag� area. 1 Mr. & Mrs. Dennis Drevniak, 66£34 Fridley Street; came forward and presented a �etiiion in opZ�osition to tiie variances. Mr. Drevniak stated that 100 percent of the resident:s ori Fridley Street have signed ihe petitioii as well as the adjacent residcnts on Anoka Str.eei;. ' . L 3C � l_ l � � � i J � The Minutes af the Board of Appeals Subcommittee Meeti�zg of April 23, 1974 MOTIQN by Plemel, seconded by Gabel, to receive the petition agains� the variances from i:he surrounding property owners. Upon a voice vote, there being no nays, the motion carried unanimously. Mrs. Drevniak stai:ed that this petition covers how the people feel about the variances. r1r. Drevniak stated that even thougli Ward Councilman Starwalt voted for the vacation regue.st, he was not representing how the people fe1t. He added he feels this pr.oposal will tend to bring the value of their homes down. Mrs. � Drevniak saic2 because of the size of the lot, they would like to see this loL added to the park pr_o}�erty a.nstead of usinq it as a building site. She-added when thcy moved int.o their l�iome 3 years ago, they were under the impression that part of this lot belongcd to them but they found out it didn't. She added the peopl.e who had previously o�aned their home,•had tried to buy this lot but they were . turned do�an. . Mr. Wi].ley asked who had made up and circulated the petition. Mrs. Janice k7ilson, 6674 l?ridley Street, answer_ed ttiat her husband had made up i:he petition, and hirs. Marlene St.r.elll_o��, 6646 rridley Street, and herself had cir_culated it. � Chairwoman ��aYilberg asked 4JY10 o��med the one remainirig lot across the street. rir. Willey aiis�•�ered tllai� P.noka Courity owns i.t. as part of the park. IIe added that most of triis ].at is aver the embankment and totally unbuildable. � Mr. Drevniak said they would like to see this lot as part of the park and remal.n as an access to the park. Iie s�id if Mr. Willey was allow�d to build, and if he � does then sell, what caould prevent the new o�aner from putting up a fence and blocYing t�he view and the access. � � � ' ' �J � P9r. Gzry Sodahl, 6689 Anolca Street, stated he owns the lo-�s behind DIr_ .�49illey's property. Hc said he fe1.t the Drevniaks havc stated points relative to feelings of the neighborhood. He added hi.s primary rea�on for purchasing his lot was the openness of_ the area a.nd he felt to al].ow a hotise on th�_s small lot would dei:ract from his house. Iie said the grade o� the land from Fridley Street to Anoka Street has at least a 3 foot� drop and to ailow a house that is 11 story hia,her than hzs house, pl.us the additional height because of tiie grade, p.lus the variance on the rear yard setback, woul.d allow it to overloo;c his properLy. He stated anoi�her point is tlie 75 foot froi�tage that was talked about in the minutes that were read. Fie said lie wi.shed that would be investiqated to see if 40 feet was legal or if.it Yias to be 75 f.eet. M'r. Sodahl added the ar_ea is quite abuzldant in wildlif.e, e.g. pheasants, mallaxds, squirrels, etc., and he feels that the City woizld bc� lowering property values plus giving up property that would be an asset for parlc area if th�y approved this request for variances. Mrs. 6Vilson, 6674 Fridley Si:reet N.T'., stated she objects to the development of this lot ber,ause the children use i�his area for picnics and for the first time t.here are woad ducks there. She said they have occasionally seen deer there and they wotild hate to lose i:he wildlife. She addcd she would hate to look out her window arld see just a blank wall a�zd she felt that the fences that are proposed will block everybody's view. Mr. Willey interjected that he proposes decks and not fencing. � - Chairwoman l�dahlberg asked what it would'be the same elevation restrict some view but the deck , a the elevation of tYie dccks are. Mr. Willey �aid as the living area and L-l�e deck in the back would in the front would create no obstruction. � � � , � The Minutes of the Board of. Appeals Stzbcommittee Meeting:of April 23, 1974 Mr.. Willey added that any or all of these items can be negotiated and if it was just one thing tYiat would be holding up approval, he would be willing to make chang�s. MOTION by Plemel, seconded by Gabel, to close the public hearing. Upon a voice vote, there being np nays, tlie moti_on carried unanimously. 3E Mz. P1eme1 asked Mr. Matt�son if there was a minimum size of house required on new construction. Mr. Mattson stated on new construction it depends on the type of house bei.nq bui_lt. Hc said the Code has requirements �or house size classified by rambler, t:wo story, ;�pli_t enLry and split level design so it would have to b� determined exactly �•ahat type we are talking aUout. . t•ir. Willey stated his house will have 1500 square feet of finished living area. � Mr. Plemel asked P�1r. ti•.illey �•�hen he was talking about L-he pur_chase agreement fox this ��roperty, did it mF�an he h�is signed the papers a].ready. Mr. 47i11e_v answered he has signed ��apers and put money down on it. He said he is obligated to persue all avenues t.o get a build5_ng placed on this l.ot and thai� includes going �� to Districi� Cour_t. He said he didn't think the City woul.d want to become a combatant on the court room floor over this. , � , i � i �J � �J � Mr. Pleznel aslced if there ��aasn't a scenic easemerit being tal}ced about for a walkway or biketi�ay all a)_ong the Cree}:. Mr. 4��illey answerecl this ti�as being talked aboui� for all the land adjacent to t-he Creek. He said the �aay he understood,it is for hiking and canoes and in the opinion of bu-. Torkildson, this will exisi� at the level of t�he Creek wl�ich is 30 feet below where his house would be located. He said he could see thc� need for access to the Creek for maintenance. Mr. Plemel stated the access ea.semen�t would be approximately 10 feet from the garage. DZr. 6��illey said hc supposed that �aould be conceivable but he didn't mind because he had no trouble coeristing cvith people. He said as long as people do not ca.use a pub]_ic nuisance, he could see no reason why other people should not enjoy �he samc park as he would be enjoying. Chairwoman j��ahlberg askec� if Mr. [t�illey had considered some other d�sign, possibly a tuck-under garage. Mr. G9ill.ey eXxplain�d th� property does not lend itself to a tuck-under g�r_age which would zn fact add more hcight to the dwelling. He sai.d he tried numerous ali�e�°natives that� vTOUld fit into the neighborhood �ut he fe].t this design would be the least distressing even though ii= needs a considerab.le number of variances. He said he has made quite a few changes from tize first proposal and 11e feli: the neighbors have less to disagrec� about than before. _He said he felt the neighbor_s just want to continue to use it and have him pay the taxes on it. He added they all c3iased out some wilcllife when they built their homc�s and if the Par3; De}�arianent felt this lot would have made a good addition to the park�'land they wauld have acquired it. . Mr. Plemel � Mr . ��1i.11 e y from Carl � , ' asked how lorig Mr_. Aienkveld owned this lot and how he acquired it. said Mr. Menkveld has had it for two years and he bought it directly Sorenson. Mr. Plemcl stated he has sympathy toward both parties, and as he said he has stated before. Lhat a mans home is his castle, and the property owner has his rights, and if the lot was larger he could build a 3 story house even if the neighbors didn't l.ike it. He added he didn'i: think he would want to build � where all the neighbors were against him. He said he would have to r_ecommend denial becausc of thc numUer and types of variances. Iie said there is something wrong with the lot when you need 5 variances to build on it. He said thc Board � '�'he Minutes of the Board of Ap�eals Subcommittee Meetinq of April 23,.1974 • knows there is land adjacent to this lot that is not being used but it is also not Mr. Willey's to use. . Mrs. GabEl said she tends to agree with Mr. Plemel. She said she feels this is noi� that workable a site and just because a person owns a piece of property it doesn't mean that he can build w}latever he wants on it disregarding the Codcs. She said the neighbor_s feelings also have to be taken into .consideraLion. 3F Chairwoman Wahlb�rg statcd the hardship seems to be the applicants option to buy the ��r_operty and a 40 fovt lot is difficult to build on wiL-hout variances. Shc� said her concern is with �ahat wil]. be l�uilt and if it will be compatible with the lot and if i.L 417_IZ conform with the neighborhood. S}le said she ag�-ees with D1r. Pl�mel� ar.d tlie neigl�bo�°s are probabl.y used i�o }�aving t:ize land open and using • it. She said she does thin}; that the rear yard setback should conform to Code as long as r7r. Wil.ley is ��illing to makc it conforni so she would have to recommer.d denying that vaziance. She sa�d o�z t_he side yard var_iance of 3 fe�t, she felt t.he Board might �vant to add.r.ess themselves to reduci.ng the size of the house to me�t the Code. She said anot.hcr_ item to considcr is that the City has c�ecided against vacating ttle easement and t.h.e makeup o� the Cauncil is such that the decision to deny it �•�ill probably not be rever.�ed so i�hen the question is the encroachment to that property. She said reducing the lot area from 7500 square feet to 5250 sc�uare feet is not really compat5_ble with the otlier building sites in the neighbor}�ood. . Cl7airwomun 6�Jahlberg asked if Mr. Willey is coi�imitted to tl�is hause as proposed. Mr. Willey ans��ered he a.s not, but �.his i_s, in his opinion, what will look good on the land. H� sa�d he does not have any architectural plans drawn up. Chairwoman t�lahlbcrg asl;.�d i�ir. Pdill.ey if he ti�ould r_ather have the item tabled ii- the.�oard has chanqes they want made or would he rather have the specific variances denied. Mr. Willey stat=ed he would 1.ather have the whole thing acted on as it is presented so it can go to Council. �`��N by Pl�mel, se�onded h� Gabel, to recommend to the City Caunca.�r�,��i�'" of alI the variances, because af the op;�osition from the neighbors, �h 1 ��,, �;�,. �nd, the numk�er of variances asked far. Upon a voice vate, there bei, � �he motian carried unanimously. `''� 2. A R��UEST FOI2 A VAR7ANC� OP SECTION ?.05.134, 6, f.�'RTDL�Y CITY COD�, Tb REDUCP T:i?: DISTAtICE I3I:`I'4�7i�I�:PJ 11 PFIt�i:LT':I'LD l3UILllIt�]G AND AI1 I2-3 70NIA7G D15TRICT FROi�i 50 FEFT TO ZEI20 rLET `i'0 ALLQti3 T:i� C0�3STR�CTIflN OI' i1N 7�CCT:SSORY BUILDING ON I,OT 4, 11UDITOR' S ----=---- - ---_ _�_�_-----__--_ ----- ---- SUBDIVISION ;i 8�'•, TIIL. Sl�I il F3IsINC� 71 .:. IGHL9I�Y �'t-�i5 N. E. , FRIULI:Y � MIA1t�IL';507'�-i. (REC)i1??ST BY�i"�. W. I��RS7.'AD �QhSPAt�` INCORPORI� , 7101 IIIG��6yAY #65 N.I:. , FRIDLFY, MINNESOTA. )� MOTION by Gabel, seconded by Plemel, to waive reading the public heaxing notice. Upon a voice vote, there ueing n.o iiays, the mots,on carried unani.mously. Mr. Dick Jolinson was present to present the request. A plot p].an of the property was sho�an i�o the }3oard. Mr. Johnson explaiiled L-hey are proposing to build an acces�ory storage building adjacent to tileir main Office building. He stated that Lhe City, in the pasi, blan};et ��p��ved r1-1 zoning for a 7.30 foot distance adjacent to Highway #65. He said this cr_eated their �>roblem as thei.r lot is 270 feet deep so the back 50 feet (approximately) of thcir lot is zoned R-3. FIe said the Cocle states the buildinc� has to be 50 feet from tlie back 1ot line, which they are, but it also states the bu9,lding has to be 50 fecL- from the h-3 70I1111CJ wl�ich they can't comply with so t:}icy are asking £or the vari_ance. Iie said the ronit7g Zi.�1c is an imaginary line, but as far as anyone, iricl.uding the City Att.or.ney, •can figure out-, it runs � � , ' ' . , � ' ' • , , , � ' � � � , , The Minutes of the Board of 1�ppeals Subcommittee A4eeting of 1lpril 23,.1974 appror>imately 50 feet from their back lot line. Mrs. Gabel as)ced why the City di.d it tlizt way instead of following lot lines. Mr. Johnson said he had talked to the City staff about wliether he shou�d go for a rezoniny or a variance and they suggestcd the variance, and then possibly asYi.nq for a rezoning .at a later date. DZr. Plemel stated he felt a lot should be all one zoning. Mr. David Curry, owner of the apartrnent building at 1?_00 - 72nd Avenue, came forwar_d to see �ahat u�as being praposed, and asked if this builcling wou7.d result in cic�aning up i�.l�is back yard. P•7r. 3ohnson said th� area whcre the storage bui.lding wil.l L�� is fair.]_y well clean. IIe said i:hey a]_1 have a problem in keeping tize arca clean as the kids thro�,: planks and L-ires, etc., around and into the crcek. He saicl there,are also quite a few old Chr_istmas trees down there that c�.ime froni the apartrnent building. Mr_. Curry agrecd fi.hat they all llave a problem in keeping th� area clean. He wan.ted to kno�•a if the si.orage building �,lould be rnetal. Mr. Johnson said it would be a 40 faot by 64 f.00t painted concrete block buildinq with overliead doors facing sonth and a loading dock on tiie east end. The side yard to the north �ti�ould be sodded. Nr. Curry asked ��hy a screening fence `easn't instzlled. Mr. Johnson said this liad been ta.lked about by the City, but it was det.ermi.r�ed that because i.his area was so low, a 6 fooi high fence wouldn't screen anything. A4r. Curry stated he had .no objectioii to the building but he ��oulc� like to see, the area cleaned up and he felt it was partly his problem.too. I�r. Johnson stated it is ever.yb�dy`s p.roblem along the creek but as debris gets thr_o��rn into the creek, it floats down and stops at his location and he gets blarned for it. MOTION by Plemel, seconcled b�� Gabel, to c.lose the public hearing. Upon a voice vote, ttiere beinq no nays, the motion carried unanimously. Mr. Plemel stated the har_d.sizip� is .the aml�iguity of the zoning line and he could see no objection ..to allowing t]�e building. � � �:z� �lOTZON by Plemel f seconded by Gabel, to �ecommend to the �a.t,y �t,'� ` c�t�t� of'th� variance. Upon a voice vot�� there being no nays, the motioii`` txnanimously. 3G 3. A i2F;�UI�'ST F01: V71RI�tICP.'S OF TfiE FRIDLEY CITY COD� 71S FOLLOt^JS: STCTION 2,05.053, �B, 571, TO 12TDUCi�. TIII, S}3`�.'1�%1�'l: L'OR AT7 11CCESSOI:Y UU]_T T3ING ON 71 CORN�R T OT I•'ROA1 25 I'EE`P TO 21 I�'Li;`P, AtiD, Si:C`l']:Oi�T 205.0`�>3, 413, 571, Td I:I;DUCi� 7.'lti� SID3; Y1112D S}�TBACI� ON A COI'�NEI: l�OT }'?:C�:9 17.5 FEI:T TO 13.1?_ L�'i�,E`P, AND, SLCT?O,7 205.053, 3, TO IIdC..L•':1ST TIIE I,OT COVliI'v'1C'1_ i?T:n�1 25 1'ET:CI�NT TO ?.£3 2 P1;RCi:N'l', ANI), SECTZC7iV 205.053, 4B, TO PI':DUCI'� 'l'I�T S�:l)F Y.'� .1) SE`I'L'I:CI: F120i$ ).0 3''T �_.T `PO f3 }.']s1:2'� A�Tb� SEC`rION ?_05. 053 � 2. � B3 � TO 7:EDIJCF PIII? 11I�ia�? ,-'li•�Ef.:I`J LIV7Ni, 'I:AS I'%Ot�1 20 1'I:I.:'P PO 13 1`L'1?'1, IiLL TCi F'ERrTIT ' 7.'IIE� CONSTI:UCTT(�,�1 C .', D�7�'I�L�:Ct1G I�;d �'1 llET11CHEll Gt�IJ1Gi: TO BI� LOCl1T�D ON TI�IE NORTiI I4 11 L,`1 l�F 1.,01 2<3 31� LO':I' 30, T3Lt .i. l, PI,Yi�!OUTII �> >ITI �tll,,,;`' iL }3L•'II>!G 4F385— 3F2J� ��TI:L'ET N.I.. ,'.'ti 1DLI:Y, N1IiVNI�S0111.^ (FZE(�ULST 13Y ��. .'�` '. T1�R'I„�' 4875-312D � — er r�wms�l�d M o �.. au 5'i'I�};E'I' N. L. , 3'I�II)LI:Y, b1INNESpT11. ) , , ' , ' L� �c' The Minutes of the F3oard of Appeals Subcommitiee Meeting of Apri1 23, 1974 • 3H MOTION by Gabel, seconded by Plemel, to waive reading the public hearing notice Upon.a voice vote, ther� being no nays, thc motion carried unanimously. Mr. Frank Dircz ceas present to present his request. Mr. Dircz expla9.ned this is a 45 foot by 120 foot corner lot that a 1ot split was ap�roved on in 1970. He said all of tlze variances asked for had been approved in 1969 and 1970 but he did not realize at thaL time that they were only good Yor 1 years time if the construction did not begin. He said the only change in t.he var.iances this time is that they are as}:ing to build the house 2 feet wider so it wi11 be 8 feet from 'Lhe sic7e 1ot ].ine and there �aill be ].3 :Eeet bet�veeil tlie structures instead of 15 feet as was ap�_�roved. He said some houses in Columbia Heights are a lot closer than that. Chair�aoman t�'ah.lberg aslced why he didn`t build when the var.iances were first ap�roved, t�1r. Dircz aliswered because of the money iixvolved and also they couldn't find a plan they liked for a 50 foot by 22 foot house. He said he lives ii�. the liou,.c nex.t cloor and his son will be living in the proposed house. . b ' Chairc�oman t^7ahlberg asY.ed if t}ie surroundinc� area is all residential and if he had talk�d ta any oi his neighbors. Mr. I�ircz said it is a11 residential across the str.eet and he liad talked to some neighbors and they had zio objections. , ' 1 ' ' Ll ' ' ' ' C� II Mr. Dircz asked why a variance is only appr.oved for ]. year if you don't build. Chairwomzii T�dahlberg an:,-:•rered she felt it was because iie�a ordinances are constantl.y being p�.ssed }�y the City and the State and if a variance did not have a time limit on it, and i.f_ the constrizction �•ras not ccmpleted or started with.in a reasonable time, it may be way out of line with the Codes when it. finally was built. Mr. Dircz explainecl t�he garaqe will exit rnito the side stree� (49th Av�) and there is a boulevard bei.�,.�een tlie lot line a.nd the street so the var_ iance if_ approved �vould create a traffic problem. fIe said tkley mi,ght put in � i:urn around also. Mr. Pl.emel asked if they had any house plans drawn up. Mr. D�_rcz said they did not, but they did have an appointment with the builder to draw up a 24 foot by 40 foat house. Chairwoman �^�ahlberg said that unless you have plans, it might be �remature to grant tlie vari.arices. She said conceivably you might come up with a plan that. could requi.re additional or less var,iances. Mr. Dircz stated that they warit a 24 toot by 40 i'oot house, the only changes they might make would be on the iriside or on the exterior �inish. Mr. Plemel asked if i�he front yard setback will be unifor.m with other houses on 3rd Street. Mr. Dircz said i:hey all have the same setback. Mr. Plemel said this is an area of modezately priced homes and asked wha�L the average frantage ii� the area was. I�4r. Dircz answered thaL- the non�al is 80 feet. Mr. Plem�l said he could possibly see a problcm ]_I1 L-he closeness of the tcao houses if aft�r the lious� was built, one of them decicled to sell.. Mr. Dircz stated hc� has lived tkiere quite a while and has.no intention of selling. MOTION by Plemel, seconded by Gabel, to close the puhlic hearing. Upon a voice vote, i:here being no nays, the motion carried unanimously.. The Minutes of the Board of np��eals Subcommittee Meetina of Apr.il 23, 1974 � �� '. Mr. Plemel stated that basically the only new vaxiance is the two foot reduction between structures. iie said there have been. no objections from ti�e neigl�ors and ' the houses are simila.r in the ar.ea. He said a lat split was granted so the lot width and lot area variances are not necessary. �IQN by Gabel, seconded by P2emel, to recommend � the Czty �uneil, ap ual pf ;all th� var�ances. ` Upon a voice'" V��l:te, there beiriq" no nays�;y��`�"�tion � �inanimously. . , ;<�;m�' , �. DISCUSSION Oi1 PROCFDUIZ� FO�: V21R);AIJC�S ON ADVERTISING SIGNS Mr. Mattson handed out the sample sign application, special permit forms, and a ' letter from tl�e City Attor.ney on infor.mation about advertising signs. � The Board aqreed to r_eview this informaLion and have the discussion on it at ' tlieir n`xt meeting 4�l�en all the members could be present. .ADJOU}Ziv;li�.?�T: - . • -- . �' 'The meeting �aas adjourned by Acting Chair4roman Wahlbcrg at 10:30 P.r7. Respectf_ully submitted, , . . . ��,: �_ � � � 71 ' r�xY tizr�r� �� 5ecretary ' � - ' . ' . ' ' . . ' .. • , , � '' � • ' ' ' ' ' ' ' i�� CITY OF FRIDLEY PETITIUN COVER SHEET �: °' � BOARD OF APPEALS ITEM #1 Petition No. 5-1974 � Date Received - April 25, 1974 � Object In opposition to a variance for tot l, Block 2, Oak Grove Addition _to f ridlpy Park ;6694 Fridley Street Northeast). Petition Checked By ��' , Date � (� �'� - Percent Signing t�.k? �_ n1�,�t,,�� ,�_y:•- � Referred to City Council Disposition u 3-� BOARD OF APPEALS �/ P L� T I T I 0 N ITEM #1 'j -l� LJ We property 'owners residing in the Oakgrove Additton of Fridley Park feel that the , matter before the Board of Appeals regarding a request for variance of section 205.053 1B, Fridley City Code, be disapproved, The standards set forth in the Fridley City Code regardipg property size, we feei should be strictly adhered to and no exception made, The majorfty of us purchased homes in this area of Fridley because of the ' large lots, the beauty of Rice Creek, the dead-end street, the closness of Rice Creek School, etc, If this board does approve this request to reduce lot size require- ments for Lot 1, Block 2, Oak Grove Addition to Fridley Park (6694 Fridley Street NE), ��e £ee1 several things wi11 result. First, the continuity of the block o�i11 be , changed, thus affecting property values. Second, by allowing a dwelling to be built on a very small lot located on the very edge of Rice Creek, has got to affect the a+ildlife we've come to enjoy living there. Thirdly, and probably most important, is that by mnking this exception, you u�ould be leaving the door open for many such exceptions anywhere in FridLey, thus destroying the very reason these requirements ' were set forth in the City Code originaliy. We enjoy the wide open spaces that the large lot requirement gives us in Fridley, contrary to the small crowded lots of innercities, such as Minneapolis and Saint Paul. CI ' � 1 ' ' ' � ' ' i� � We, citizens, taxpayers, and hbmeowners are not making this request for selfish reasons, but for the good of our neighborhood and for the good of Fridley. � N�� ADDRES S �-, � .L � � �L. , �>�n _ :�,GL!-y� . ��'� ,�'n'�...s� l �,� � (-Ci C �'� l,` ( � tl.vt-�i _rT Li!_�C La.-,.i % � �," ) � ^'� ��d ir� , . L� t: ,w^z� ,: !� ^ ,_-� . , i - _t, - , _ / , `-� .�--,'�-ll`-'r' .!-�e''�- - %t-c„-=_-,�-_- ��.1,. _ c—� y _ `�`. � ��.-lt_ . �-. -��: ,�z � - Y � .� �� ` � ' • ir . .�,C*'� �i��.�,,--,.. : , � .x /, ��j��/ C' . Y ' - 'Y' , � � _ � ��- „ - , .. (�� 7 �/ --�u-a�� ..�9- � �% t ,/5��. ..�-.---�� - �6� y� � � �� ' _� �� . �� s' y ' C t�f�� y s �� G�3a. - �' � � s-`/ -� �.�!�% ,l ��`r � � � � Z �; ;r�� .�?� �� 1_/ � �'�-� ;��,.c�� C �1—,� -k�� ,� /I/t J _ l-�' C� c� o� i.<_� �� r.:�� 1?�' � � �.S S^ � �- �� ,� ,- � ( i � � ' � � .�_ �', � 1� F �, -. • / . a " < (� t � � ;� � c�; 4 v � �� c' 1��,�- ��>/_ _f�i� -%� '/ i,.= � / �• ''�rGr'i.�/ � /; C�,. r`--"-'-ti6 e �=�• G•• � f _r�!•L .��' ��2,C.1��,�(' .�i�/ jj �> . _l�!, P-� /%�,^2.�-i'�r' -!�`-. �r �� ,�f/'/•Yi'�' �^� .; � � � ' � l, % �� /�1c-�- �.., c, � �f i� � I ' � , � ' � P E T I T I 0 N BOARD OF APPEALS J7 —L ITEM #1 Wn.prop�rty ownere sesiding ia the Oakgrove Addition of Fridley Park feel that the ottter before ths Board of Appeala regardiag a request foz variance of eectioa 205.059 1B� Fridiey City Code. bm disapproved. The atandard� set forth in the Fridlsq City Coda regardfng proparty size, ue feel ehould ba etrictly adhered to and ao exception made. Thn aa�oritq of us purchased homes in thie aree of Fridley becauae o! the� large lots, the beauty of Rice Creek, the dead-end etrent, the eloaneos of Rice Creek Schoo,l, etc. lf this board does approva thia xequest to reduce lot sis� require- ments for Lot 1, Block 2, Oak Grove Additioa to Fridley Park (6694 Fridley 3treet NE), w• €eel aeverel things �ili result. Firat, tha continuitq of Che block will be changed� thua affeceiag property value�. Second, by allowiag a dr,elling to be bullt on a very emsll Lat located oa the very edge of Rice Creek� hae got to affect the wildlife ve've come to enjoy living there. Thirdly, end probablq moat important, is that by making this exception, you �eould be leaving the door opeo for maay euch e�ceptione anywher� 1n Fridley, thue destroying the very reaaoa theae requiremeata were eet fo:th��in the City Code originally. We eajoy the wide opea apacea that the large lot require�nt givee ua in Fridley, contrary to the amall crowded lots of iaaercities, such as Mias�eapolis and Saint Paul. We, citizena. tar.paqcre, and homeowaers are not making this sequeet for seifish reason', but foY the good of eur neighbarkood and for the goad of Fridiey. � ; - - '�-��,-�.'-�i i /, % � !C�:l-�'r�%ll� ,�t ;. %% L; • � 66�� -�a�E�� s�'�n�F_. L C�,��„��r- foh 1 S' �t,c,c_ �� 1L /.��„y/�� .� �'��,, i.�f, J' .� ; . : �„�,� � ' -� (��.ti,.�.Q,v �v,,,.e��,�_� � �_�1__.� ,1�c�Qc�c,i_ ,�� 1 . � � IJ" ,to .cJ2 � k1 n�.Fc� �-. � �� !=-. � . l . . . ��300) � rusf ? F�vYv' f' J , FOf//Pri : ; �V I + � ��• �� 1a' . ,� + "�",,�I - -! 1 j ' ' - _.�,,.� � :<:°ip� --- �� . BOEIRD#OF AYY�ALS 2 q ! � jy1 i • 1 ' _ ' • � a - � • �; w . . � ti � Eo�sc� ;%C��/ Fuaies�•ad f�Llai<ia iR Fikj:cs�o' � � ' (Zo� • . � . ^ • . 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',�r �, ,�o ;c� � �O • 4�7 � � �"! �, /� e �Y � ' ' Pza�� r a . � �--�.�.� . ; � , • ,� �_ � � � � .,.._� n � � ,, o � , <"�"°`a'y� � ��---^-ry----_..�... � ^ ti� � ,?� ..`� l.� rX�>l� o�%Z�. �— .�' . . L% ' L �",ry GQ�.._.�T !w�_� ��.' .�, t: � �I ,�. 2�._ 3 - a ��3 � . �' � „ - -� ��-�--.:x . 3 � 2 7 ¢ °F'a �e �'� � � S/} � ��6 � � ��_~ g � �,< .�-' � �G'� � � � 2 $ 6 �� 6 : ,�° : � . � � � 24 7 � 2¢ 7 � � � . //x �,±- Z3 � B � 2 3 � � ,� Z 2 �* � :�_ (/3to) ,� � I /O ,� 22 9 �L � 20 2/ Jd ./O (y,�o,o) �I � // 2 0 // � % �;� ; � � /z r: �.� �z � D�inis �m i �tg /3 jB � � V f Arfaik.4 /33� , J7 � ¢ �.3 Pia� i - / . , !7 - �� 4 • -30'so $ �C� / ^ n : � �, 0 1 � 6c g :'6 /'�. � /S � •• /L��_.t. . iz 60 m 'r' ^ _ _ � "�: t� ' W � i : '� y � ` � � �� . . � �£G.� // �;4/(�E� �'. /3 G' �s� �� < � t;' 'ti: �E �.��:�':'�... . .. � � d = 5k , , �;: �4� �., #� x= _ � �' ; � �� `. C 0 BOARD OF APPEALS ITEM #1 � _, i � April 15� 1974 � � . , , Mr. Frank G. Liebl, Mayor ' .City of Fridley � 6431 Universa.�v Avenue IJ< E. Fridley, Minnesota 55421 � ' Subject: Req_uest for Variance of Secti.on 205.053; 1Br Fridley City Code for Co:�struction of a > . Dcaelling on Lot 1, Bl.ac�: 2, Oak Grove Ad�'i.tian � to Fridl.ey Park , the s ame being 6 6��. r�: zdley Street N. E. , Fridle�r, ��iinneso�a. 'Dear Sir: � . . Please be advised that the �ountv of A,noka Park DC�"t� �� has no o��osition to �ne �a�ove a�ti'�? c�tion ar.�: tha� i�. �n no wav cor.Llic�s wi�h anv �2.a.ns ie_ ciev2lo�:�ent af� Fzice Creek. I� is recrups�ed 'nowever, t�at an eavement ove:� the Northeas �er�v �ortyon of this lo �:�� ne�o�.�a �ec to allaw convenien� access to the ton of t'.^.e em.�ank�;enu io:- �edes- trian t�az�ic anci mainten?nc� pu��oses._ The at4ached map shows a�suggested easement area in greer�.. 0 Enc. DLT : r.i.,i 3-N Very truly yours, ��-- � /�� ' � . /�� David L. Torkildsan Director oY ��arks & Recreat� on 1�noka County, i•iinnesota � . � t � �� i i � � ;; ._----- ' . „ �� i � � � � � �- � i� ' � �► �� C,� �� ,�� i w � i ! �1 � � � � i � • � • , � � � � r � - - -i8.9/' ✓' ---. --� ----�----, �IO- `• � �, � . �G ) C��,� � J � � 1-r,� � . � �(_.4,I� : .5�,.� GiC j:\. ` • � � C: ... � . J { . .- �� . � � � - �} �� I '�� //� ��1.C� v�� /<'c�<�� j / i,. .. . . : 1 . . .. _ . . .' .rr••+1 ~, . � • . .I ��r .. BOARD OF APPEALS ITEM #1 0 e ,. rb y ro 2�-D �� V � � � O O x� tv H � � On � p �z 00 �� . a d� d 7 H 4� Z � � O H i�1 �S Ci C7 � � �c r r �� ' � � �c z� -- � • � n n � 5 � :!a � �. r � r z� . z � � O � � ' • ITEM #1 L`, „"`"` 50 d"`T LE ROY H. WINNER 8� AS �� O�net�• Iron piPs � � ' URVEY FOR: o�s�R�e�o �s: ' ' . � s��y� R�gistetsd Unde� lm+� of Stafe of Minn�sdo 8398 Cenfer Drivc • Minneapo(+s, Minn. 55432 Phone 784-021� � C'�� V�� C3ilbert A, f�enkveld � � No.� . 3 � P _ BK. A� PG. �! ._.,, Lo� 1, Block 2, Oa'�: Grove Additior, Anaka County, 3.:innesota, to�Pther wi�h tPe �asterl�r o;:e--ra � � oi �he vacated alle�► ad,;acent -tnereto; a.lso �ooe�i:er vrith tnat part of o7�n Avenu� Ni.� (prOposed to be vacatedj) lyang withzn tne plat af Oak Grav� hddition b�tween the i�+orthex��y proio�� gation: o�' the ..�as � line o£ said Lot 1. ! and t�� cent�rline of said vacat�d a:�ley ex'��z�ded Tvor}ci��rl�. . . � �`Yj . � � �� , - . 2fl � �k �� 8 9 4.0 -�;. .: �, . 896.0 --�� ,;.^-` 8 9 Q.0 ----c------. ' ' � � 9 O 0.0 -+------.�.. \ • 9 0 2 A `:= -.:: ; , '� \�, `� • "�' ' { 3 4 . 0 0 '�i� ' t��.CO ='� . /� �.` �,;. \t. 4 \\ � � �� , .. t ' \� 67 TH. � � �' - ��`�,�:T.� - `�_ �.� � � O I � \,,\ �1 os J '^-�--.�..._..--- U m O � � •=:-i' /6• � !� 1� �Z ' _ ' �c�' ,� �� I ; � .�� . -" ' . � " �i � �5.40 ` _ - �r�� _. wI ' � — _ . 129.G0 PL. —'" � ,� � , i28.60 M. 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' CE DQiV� '� � �� 30 S��VI . � , , �U� 1G3.73 � �� 1 ' ' _,___— _.------ ,,. � _ ��o ,, � \ ' � , :y , � � Cor,cr¢�e ��tia'u ° � °, c� ._..-.o.. .-�_. -- . . °L ` � ;�` . � , O c - . c . . - ' �- 21.2 ; , � � , ,: ;;;, ;� �;;, -;, , , �>>; %6.5. �. ; ?U p.5 " � - 52.3 • ; "t' � �� " 1 STOR; CONCRETE ; w � -9 ", ' ' 6 ° • �, �, , . , , , ,� � -" - v� i I/ i1 .� -r— � 6�o cr� , FR�,�� e��K ;� ,: � �-� " i r- o ; � � 101 ' , L- �O - �,. ,, , -,. � - . , -,,,, ��.r'- z �-'' ra.37 ; 13. D / o �" ; r � . _ � � � � � __— e �� -� � R� o�� i ��. � , :��. � � � �- �- a � � – — '' � � � �' � .. � .. . ,' I � Q N.7 99 � ° � LT� \ . -�-�--- ---- '� �Sl�� . � I ' c'� � G �--�--r� , � � � ' . I T °° . . I� � o `� s�' � � �. � � fl �. F-� z � ' � � p ��q � i{� � J 1 p � J � � � ` � � O ' Vl ClA . ��.., p �...fl �� Z . 'O� ' G� . ��o , - � � . ' � . �,. . � . _ . ' . ' O" . �� . � 3 ,�, �� _' _ -� — - �"_ �-.� o -- .. . ...--- - - '"" � o Cfi --- � �D . c' . '� � : W �N � � -.l.A---� V • �_ 5 ' \ , ` . \ i O � ` • Z � � � � � �\� , • - y ' �,. J . _ / 1 1 �3 85 •� , �asf lin� o(' ?n�'�'e�; 210 ��ef o�' Lo� �, Audi;o�'S Suodivision NQ �9 . � . �. • ' Mr. Frank Dircz 4885 - 3rd•Street N.E. ' ' . _ ,_ . . . _._ _ . , ' ' ' i n 0 � _ BOARD OF APPEALS ITEM #3 . � ,� �� '{ "° `/ ` , � �- �,- � • � -- `4 _...� .�.....:r _._ _...__ _..___ �, , -j � � . � �f�l' •. •- • l�� 1 �; / ��"�----�L �.� � _1_i �......._ �J � � � � �� '`'` , �f � n ' I If j � t ' _' _ �.,� ` j i � � ' ' ,. �. ! . � � � � ; Il j�. ��,r: = !L y � j7 S . , i . (�`S � t, r� ' . .J� � �� ^�r 17✓:�,! � -_ � D��J E L L t.^f' � i ! I � �; � �X�s;f;�� i I ' ' �JwEGa�r✓c� � � p ..:�, ' .✓._3 • �"'z, ._i , � ' , �, ! � '�.��Z �' ; �•'Z,a -'{��w , , � �� r--- 2y ------j- i �!� #1. 25' to 21' - approved by Council on June l, 1970 #2. 7500 sq. ft. to 6116 sr.�. ft. - approved by Council June l, 1970 #3. 17.5' to 13.12' - approved by Council June 1, 1970 #4. 50' to 45.12' - approved by Council May 4, 1970 #5"��-ZO' "fo 75' - approved by Council July 7, 1969 #6. 10' to'5' on existing house - approved by Council July 7, 1969 #7. Lot Coverage - increase from 25o to 28.2 percent Lot Split approved by Council 5/4/70 � . 35� � . �� Gc.>vt.�: �i��l�> �� c.� -- �5�9 ,��.�� .c,� .�� /o ; �, I ; I ��;� . � : � � f7�\'C�/7 ' ��`�' ��) V� _._ � .,.,� � �.,��._ . _ � �\' � 4� ~i �� . '� t ' . , . • ` :. . . . � � • ' , I ' • � , . . S �� I L�I 1 � ' , ' BUILDING STANDaRDS-DESIGN CONTROL SUBCON�IITTEE btEETING OF APRIL 25, 1974 The meeting was called to order by Chairman Lindblad at 8:00 p.m.. biEAfBERS PRE�ENT: � Lindblad, Tonco, Treuenfels bfE4iBERS ABSENT: Simoneau, Cariolano OTHERS PRESENT: Jerry Boardman, Planning Assistant i�fOTION by Treuenfels, second by Tonco to approve the mznutes of the April 4, 1974 meeting as written. ' UPON A VOIC� VOTE, all voting aye, the motion carried unanimously. 1. CONSIDERATION OF A R�IEST TO CONSTRUCT A NE6V BUILDING FOR THE PURPOSES AS A:LIBRARY LOCATED ON THE NORTHWEST CORNER OF THE FORMER RIEDEL PROPERTY, A PIECE QF LA.�jD 335 FEET X 18� FEET, LYING ON THE CORNER OF MISSISSIPPI STkEBT P,ND 5TH STREET; THE SAME BEING 410 MISSISSIPPI STREET. (REQUEST BY ANOKA COUNTY LIBRARY SYS'I"EMS, 707 HIGHitiAY N0. 10, BLAINE, MINNESOTA) . ' hlr. Jerry Young, Directax of the Anoka County Libxary, was present fox the rec{ues t e 4 b4ro Young said the building c,rould be approximately 11,OOQ sc�uare feet on 1-1/2 acres. The exteri.or will be a white stucco with no windows at ground level. Sunlight will be direc�ect in�o the building by windows through the ' roof projections. Mr. Young said he felt this would create a very dramatic effect on the inside of the library. ' ' rir. Yaung went on ta say there are many large trees on this �roperty and the architect has developed the building around these trees. Mr. Young said only 3 to 4 lar.ge �xees would be l.ost, p7.u� some small trees and under- brush. He said the entrance to fihe library will be off oi tfie parking lot through a court yard; many trees were saved in the court yard area. Mrs. Treuenfels said she appreciated them trying to save as many trees ' as possible on paper, but what guarantees they will be there after the bu11- dozers get through. i�1x. Young said he �vill be doing his best to prevent. any aecidents, but is aware some accidents could happen. He said when the main library was built there are stories of the library employees standing in . ' front of the trees to protect them from the t�ulldozers. bir. Lindblad said the plan had been before the Planning Commission already , and they•felt the landscaping plan could be left until the building was com- pleted, this would allow them to ioork the trees lnto the plan. The Board , agreed to this idea. • - � ' ' (� � Air. Young said the design of the building �aas such because they did not want the building to be identified as another "Carnegie Library". They did not tivant the building to be identified as another library. Airs. Treuen£els said she had heard reports of vandalism at the main library due to the design of the building. bfr. Young said he felt it was not so much the design, as it tiaas the locafiion. tiVhen the main library on Highway 10 was built, the area was fairly wooded and isolated with no close neighbors. Iie said the - locat'ion of this building is such that this cvould.not be a real problem, very , . ' , \ ' 4A BUILDING STANDARDS-DESIGN CONTROL SUBCOi�M�tITTEE MEETING OF APRIL 25, 19 74-YV,l visible and close neighbors. However, he did not want to use flood lights as these are yandal prone. Eie said the lighting will be up high on the building and globe lights will be used around the sidewalk areas. rlr. Young said the only type of delivery would be"the coming and going - of the books. This is located on the east side. This area will also house all o£ the boiler equipment, storage of yard care ma�.erial and in general any type of maintenance equipment. ' Mr. Lindblad asked if they had poured concrete curbing. Mx. Young said he had noted this was needed, but not shown on the plans. He a3so said the parking lot will be bituminous materiale • � i ' � , ' ' ' f� ' ' ' ' Mr. Boardman said they would be needing a 5 foot sidewalk along Sth Street. He said 6Va11 Corpora�ion �aill be putting one in along 7th StreQt and 5th Street, so the City is asking the sa.me a£ the Lihrar.y. Mr. Young said he felt a side- walk �aas a needed a.sset for any libraxy and agreed to this reQuest. NIr. Boa.rdman said he was not sure how much of an easement would be needed, but_ this could-be worked out at thE approp�iate tim�. Mre Lindblad questi.oned Mr. Board�nan on the turnin� lanes by the exits. Entrance to the library will be aff of 5th Street and b�lississippi Street, with parking in the rear. The Planning Commi.ssion felt to help elimin ate congestion a� the hiississippi Street and Uni.versity Rvenue intersection, a right hand turn only tivould be allowe3 for i:he Mississippi Street exit. Another idea was to have a stop sign on b4ississippi Street and 5t:h Street by the two exits. D�Ir. Lindblad said any drainage plan would have to be caorked out with the City Engineering Department. He asked if there was an elevation difference between the lzbrary and iVall Corporation. Mr. Boardman said there is quite a difference and a retaining wall will be needed, but this is tiVaZl's problem. Mr. Young felt a fence or railing migh� be needed far safety reasons along the top of the retaining wal1. hI0TI0N by Treuenfe2s, second by Tonca to recomme�rd to Cpuncil .��`` � of the ,library b uilding with the following stipulations: '� 1. � Poured concrete curbzng wath 10 foat rada.us be provided. A S foot sidewalk on Sth Street be provided. 3. Traffic flow problems regarding either the right hand turn only or the stop signs be worked out with the Engineering Department. 4. Landscaping be finished after the site is constructed, bu� must come before this Board for final approval. 5. Drainage plan be worked out wit}i the Engineering Department. UPON A VOICE VOTE, all voting aye, the motion carried unanimousl.y. e � , , ' � ' � C ' , u ' BUILDING STAI�IDARDS-DESIGN CONTROL SUBCONTi�9ITTEE MEETING OF APRIL 25, 1974-PC �}3 2. CONSIDERATI�N OF A REQUEST FOR ADDITIONAL PARKING AND LANDSCAPING: LOCATED ON LOTS 1, 2, 3, 4, AND 5, BLOCK 13, SPRING BROOK PARK ADDITION; THE SAh1E B�ING 181 ELY STREET, FRIDLEY, NIIN(VESOTA. (REQUEST BY $ERKELY ,PUI�RP; ` 131 ELY STREET, FRIDLEY, DtINNESOTA) . Mr. Sneed was present for the request. Mr. Sneed said they own five lots and they just recently realized that 3 of the lots are M-1 and 2 are R-l. He had asked for a rezoning request but was denied. I�1r. Lindblad said the Planning Commission denied the request because the Planning Commission wanted more of an idea of what was being planned for this site. Mr. Sneed said they are planning some .landscaping along Ely Stree� and Ashton Avenue, blacktopping of the parking area, placing a fence around the outside storage area, autside storage area and a.loading dock. The st:orage area and. loading dock wi11 be inside the ne�v fence and out o£ the public right of way view. Mr. Tonco asked what type of equipment would be stored in the outside area. h1r. Sneed said it is going to hold some piping that is inside now and also large pumps used by municipals or industry. Noth3ng that would be o£. any interest to the average person will be stored here. Mr. Lindblad asked if some type of a vertical board fence would be used for the fence. Mr. Sneed said something on thzs order would be used. Mr. Lind- blad asked ab out the fence that is shown on the survey. Air. Sneed said this fence is very old and dilapidated, he could not use any of the material from it. He said he will be removing this fence completely. � h1r. Tonco ask�d Nir. Sneed what type of fence he would prefer to put in. ' He said a chain link fence. b1r. Tonco asked ii he would put slats in it. Mr. Sneed said he would prefer a wood painted fence to a ch ain link fence with slats. ' Mr. Boardman also pointed out the fact that R-1 praperty borders this . side and you should consider what they would have to look at. � DSx. Lindhlad asked what color the building is. Mr. S�Ieed said a grey, made of cinder blocks. The Board suggested either a grey or redwood stain could be used on the fence to match i�C up with the building. He a�so asked , if there are any gates and where they are 1.ocated on the fence, I�tr. Sneed said there is one facing Ely Street ar�d also one on the rear facing Ashton Avenue. The Ashton Avenue gate would be there only for future expansion ' or emergency use. A concrete apron is in the street curb here, but it will not presently be used. Poured concrete curbing with lU foot radius and parking stall rec�uirements ' were a11 approved as shown on the plan. . P�1x. Boardman said �aith the landscaping; parking lot and general cleaning ' up of the area, this should be a great impravement for the neighborhood. He aiso said a small propane tank will be stored outside within the storage area. ' ' � I�tr. Sneed asked about the ber.ming, Air. Boardman said the code rec�uires some berming, but as long as an acceptable landscaping plan is brought in, something can be worked out. Mr. Lindblad said a landscaping plan should be � � I � BUILDING STt�NDARDS-llESIGN_ CONTROL SUBCOb�fITTEE h�EETING OF APRIL 25�, 1974-PG, 4 C ready for Council. Nir. Tonco asked what kind of surface the storage area has. Mr. Sneed said a hard surface would be provided. r4r. Tonco asked if this would create a drainage problem. bir. Boardman said it would have to be �aorked out with the Engineering Department. DIr. Lindblad asked if additional security lights would be needed. � T-ir. Sneed said he taants to have some in by winter time to illuminate the storage area and parking lot. b10TI0N by Treuenfels, second by Tonco to recommend to Cc��„�,� �..�� ' of the site plans aspresented with'the following stipulations: � 1. A 6 foot staggeraivertical board fence, painted or stained to ' match the building'be placed as shown on the plan. � '� � � ' , � � �i ' ' ' ' 2. 3. Landscaping plan be brought in for Council approval. Concrete curbing be placed axound the parking lot. 4. 10 foot radii be allowed at entrances. 5. Any drainage problem be worked out with the Engineering Department. u. Security lights be placed on the building by winter time.. UPON A VOICE VOTE, all voting aye, the motion carried unanimously. 3. CONSIDERATION OF A REQUEST TO CONSTRUCT A NEiV BUILDING FOR SPECULATIVE PURPOSES: LOCATED ON LOTS 8, 9, 10, and 11, BLOCh 1, ONAWAX ADDITIpN; THE SQME BEING 7840 h'L�IN STREET N.E., FRIDLEY, MINNESOTA. (REQUEST BY PACO MASONT�Y, 5920 KIRKWOOD LAA�IE, rfINNEAPOLIS, PIINNESOTA) . Mr. J erry Pas cke was present for the reauest. Mr. Boardman said he wanted to present an idea to N1r. Pascke and the Board about the location of this building on the site plan. He said in this area the City had been allotiaing 0 feet sideyards. This means the building is built directly on the lot line, and abuts the building on the other side of the lot line. This allows for a greater area of green between buildings and also shared parking facilities. �tr. Boardman said if they moved this building over 20 feet, it would give an 80 foot area, instead of only 6Q feet, bet�veen Paco and their neighbor, D, iv'. I�arstad. rir. Pascke said he can't do thi�, because there are 2 owners and his plan has this building split down the middle, between lot 9 and 10. This gives him 40% coverage on each of the t��ro separate lots, �vhich is required by code. blr. Boardman asked if he could move the building over 20 feet, split the Lot 10 and still keep the 40� for code requirements. This would mean Paco would have to go before the Pla�s and Subs committee for the lot split and the Board of Appeals for the side yard variances. ' ' ' ' , � � � BUILDING STANDaRDS-DESIGN CONTROL SU[iCO�L�tITTEE 1�1EETING OF �1PRIL 25,. 197�-PG. 4,� I�4r. Lindblad did not see how the City could ask this request sir_ce Mr. Pascke has a buildable lot and has already done everything to code. bir. Boardman said if they did this, it would create a more buildable site out of Lots 12 - 15. This would also create a bigger green area on Lot 15, �ahich is a corner lot. D1r. Boardman felt this would keep in standing with the policy currently being used for this area. Mr. Pascke said he was up to code no�v. Mr. Tonco said perhaps we should leave this to the discretion of the Council. h1x. Boardman said in this area for some time buildings have been built at a maximum size on minimum size lots, and the parking has been horrendous. He �sked hlr. Pascke if he could meet with h1r. Qureshi, Mr. Clark and himself and discuss this idea. b9r. Pascke said yes., b1r. Lindblad noted the parking stall requirements met code. � hir. Pascke said the exterior will be a split face block and brick veneer on the front. The sides and b ack will be a running bond block. Mr. Boardman said he really did not care for the design, that it resembles the other Paco buildings. I�ir. Pascke said he has not built any two buildings alike. The Board asked if the sign "Viking" was definite. Mr. Pascke said no, there was more to the name, this was just an idea. bfrs. Treuenfels said with. the landscaping plan in and the sifie completed � the building would look different. Dir. Tonco asked if there was any tpye of color contrast. i�ir. Pascke said yes, the bricks would be complimentary colors to each other with some stxong contrast brought out in the doors. �- l J ' � u II .M�s. Txeuenfels asked if there was a designated refuse�area. Mr. Pascke said he could not determine what type of facilities �vould be needed by the people who use the building. I�1r. Lindblad said a screened area could be pro- vided at the rear cornexs of the building or else kept inside. Mr. Lindblad asked about roof equipment. Mr. Pascke said they plan on no roof equipment. Mr. Tonco said with a possible 2 separate owners, if there was a chance of improving the front entrances. b9r. Pascke said he is going to have wider steps with 2 sidewalks leading up to them. Bettiaeen the sidecaalks, some type of low main.tenance material �aould be used. They also thought evergreens planted in fxont would look better and give a year around green appearance. Mr. Pascke agreed to this idea. Mr. Boardman said a plan similar. to this design was brought in by Mr. Zeis ' and the City requested b1r. Zeis to cantinue his facial treatment around and do�,m the side elevations. bir. Zeis did agree to this. rtr. Boardman saad the reason for this request is to give a continuation of the facial down the sides ' which is seen by �he public eye. It is better to look at_brick ver.eer and facial split blocks than plain running bond block. The Board asked Mr. Pascke if he would consider something on this order: ' ' ' Dir. Pascke said yes he would consider it, but it is going to cost him more money which could cause him some legal problems. Also his plans have been dra�vn and it�will cost more money to have thetn redrawn. rir. Boardman asked how the Board felt on this request. Mrs. Treuenfels said as far as slie �oas concerned, the building was not the prettiest, but it is only a warehouse, 4 walls and a 4E ' BUILDING STANDARDS-DESIGN CONTROL SUBCO��tITTEE MEETING OF APRIL 25, 1974-PG. 6 ceiling. h4r..Tonco said it is going to cost a good thousand dollars per side ' to do and did not think it was his right to ask someone to put more money into something for this reason. '• Mr. Boardman replied that this is the reason for the Building Standards- Design Control Subcommittee. He said the Board has the �ight to make decisions when it comes to the aesthetic value of these projects, even if it might mean ' more output on the part of the builder. He said the Board has been very lax in making these decisions. He said a breaking point is needed on the side elevations. A point tivhere the human eye cannot determine what is an the wall. He said 20a facial extension is better than 0%, and 50% is better than 2E% 1 but beyond SOa the human eye cannot see the difference and the treatmenfi would be wasted. . i � ' i L�J r � _-� � C ' Mr. Lindblad as ked Mr. Pascke if he would consider 50o extension of the facial onto the sidewalls. Mr. Pascke said yes. � � , . . It was noted that any drainage problem be worked out with the Engineering Department. ��:�.�� : ; MOTION by Tonco, second by Treuenfels to��lreCOmmend to Cout��`l� � "�, ,. . . '�: the`building with the following stipulationsf 1. Refuse to be stored inside, but if outside, placed on the sidewalk at the xear coxners of the building and properly screened. 2. Planting in front be changed to evergreens. 3. Continuation of facial treatment to be extended 50o down the. sidewalls. 4. Any drainage problem be worked out with the Engineering Department. UPON A VOICE VOTE, all vo�ing aye, the motion carr.ied unanimously. 4. CONSIDERATION OF A REQiJEST "TO REAFFIRl�1 THE LANDSCAPING PLl-fN, PARKING PLAN, AND AUDITION OF A STORAGE AREA: LOCATED ON LOT 1, BLOCK 1, HARSTAD ADDITION; THE SA.�IE BEING 6831 fiIGHtidAY #65, FRIDLEY, MINNESOTA. �REQUEST BY KNIGHTS OF COLUNiBUS, ``6831 HIGHIVAY #65, FRIDLEY, MINNESOTA) . r9r. Dick French and I�fr. Ed. Hutterer were present for the request. N1r. Boardman said this request was before this Board about a yeax ago, and the reason for �hem being here tonight was to reaffirm approval of the lan.dscaping plan and site plan. T1r. French said the landscaping plan was finished last fall and everything ' looks like it is budding this spring. 1�'�lat their main concern now is replacing the curbing and working out the drainage plan.� , ' ��' � The storage addition will be like the one approved a year ago, and not built, t}ie only difference is that it �aill be smaller. The Board approved the addition again. � ' BUILDING STANDARDS-DESIGN CONTROL SUBCOW�IITTEE I�9EETING 0 APRIL 2 1 �__ _ _ F 5, 974-PG. 7 ' AIr. Boardman said he and Darrel Clark had been out to the location and everything as far as the landscaping looked good. �tr. Boardman said some type of permanent concrete curbing should be supplied on the interior side � of the parking lot �aith the construction. However, the area along 68th should wait�as a street improvement project will be coming through here in about 2 years and could cause some tearing up of concrete curbing and black- � topping. Parking and planting is already on the public right of way in this ,� area. TIr. Boardman said the drainage problem will de�initely have to be worked out with the Engineering Department. 4F � Nir. Hetterer pxesented a brochure on a curb.ing called Curbstone. This is a concrete curb tliat can be nailed down and removed later if needed. He felt this �vould be a good type to use in the areas that are marked for � possible future expansion. The Board agreed to this idea. hlr. Boardman .said he cvanted to go over this new curbing with the committee after the regular . meeting. � , � � LJ � � T y. . , , .� a+.,,, ,. � hI0TI0N by Tonco, second by .reuenfels to 'recommend to Ce�unei� ?� of the buiZding plan, landscaping plan and site plan with the followi�g �� stipulations: l. Drainage plan be workad out with t�e Engineering Department. 2. Permanent concrete curbing be placed in aIl areas where no expansion or stree�C pxojects will interfere with it. Curbstone may be used in all other areas affected by either one of these reasons. 3. Further determina�ion to be made by the administration as to the location of curbing along 68th Place and frontage road. UPON A VOICE VOTE, all voting aye, the motion carried unanimously. � 5. CONSIDERATION OF A REQUEST TO CONSTRUCT A NEW BUILDING FOR SPECULATIVE PURPOSES: LOCATED ON THE EAST HALF OF PARCEL 4780, THE NORTH HAj.�, OF SECTION 12, AN AREA 169 FEET X 140 FEET; THE S�ME BEING �f�10 CE�tTR;�� AVENUE N.E., FRIDLEY, I�IINNESOTA. (REQUEST BY AL ZEIS,`225-94TH AVENUE N. �V. , COON RAPIDS, hIINN�SOTA) . � , � 1�9r. A1 Zeis and Nir. Floyd Gustafson were present for the request. b1r. Lindb lad said parking and setbacks were up to code as - sho�an on the plans, and any drainage problem will be worked out with the Engineering Department. Mr. Zeis said he had met with I�ir. Baardman and they agreed to continue tl:e facial treatment partway dotian the sides of the building. The exterior tvill lt brick wit}i break-off block around the top. , i•1r. Lindblad asked if refuse would be stored inside.. hir. Zeis said yes , . . it �aould be inside. h1r. Lindblad stiggested they go to a nursery to get a variation in the landscaping plan and have it ready for Council approval. � LJ bir. Tonco askecl about security Iights. The Board suggested that �hey should be placed at least on all 4 corners. AIr. Boardman asked if there �vexe i ' � ' � � � � � ' � � � �� ' ' BUILDING STANDARDS-DF.SIGN CONTROL SUBCObt�fITTEE MEETING OF APRIL 25, 1974-PG. any types of decorative lights provided. hir. Zeis said he had not made a final plan for eithex security or decorative lights. Mr. Boardman pointed out that a good place.for lights, for decorative and security purposes, would be over a11 doors and any point of entry. t�ir. Gustafson and Mr. Zeis agreed with suggestions. r1r. Tonco asked if they tivi11 be painting the blocks to match the bricks, Mr. Zeis said yes. _ - Mr. Boardman said there is a problem with the concrete curbing and black- topping to the rear of the building. There is no problem.with these items in the front of the b uilding. He said the same people own the parcel to the rear of this one as owns this parcel, and they are planning expansion for this b uilding someday in the future. He said code requires po�ired concrete curbing to be used on all sites eventually, and they do not have a date set for the expansion. He wanted to know if the Board woulcl agree to a time limit to place the poured concrete curbing on the reax Iine. Mr. Lindblad suggested placing some type o� semi-permanent curbing. A blacktop cuxb was suggested. The Board thought perhaps this would cause a drainage problem,'`as the lot slapes to the rear and a curb going across the b ack could catch the run-off and cause a pxoblem. Mr. Lindblad said a precast could be used and allow run- off �f the lot. Mr. Lindblad want-ed to know if a�ime limitWas needed� Mrs. Treuenfels said s}ie could not see why, as both parcels were owned by thesame people and not affecting anyone elses property. I�ir. Boardman suggested working with the Engineering Department about the drainage plans and some �ype of curbing also. Mr. Tonco wanted to know if a 4 year time limit �vould be enough time to allow for future e�ansion. Mr. Gustafson said the way money is tight�right now it a.s hard to .say but that should Ue enough time. T`he Board said at that time the situation would be looked at and see �vhat sh'ould be down. Mr. Boardman said the lot to the xear of this lo� should be graded and seeded for easier maintenance. ' � .- � -„�"� , MOTION by Treuenfels, second by Tonco to recommend to Council a�� o£ the building with the following stipulatio�is: ' I. Nursery plan be brought in fox Council approval. 2. Security Iight plan be bxought in for Council approval. 3. Drainage and curbing plan be �vorked out with the Enbineering Department. A 4 year time limit be given on the poured cancrete curbing, at that time the final decision will be made for the curbing. UPON A VOICE VOTE, all voting aye, the motion carried un animously. 6. CONSID�I2ATION OF A REQUEST TO CONSTRUCT A BUILDING TO BE USED AS A STORAGE 13U:LDING: LOCATED ON LOT 4, AUDITOR'S SUBDIVISION N0. 89; TIIE SAhIE �3�ING 7101 HIGf1�9�Y #65, FRIDLEI', biINNESOTA. (REQUEST BY _ �;`�� !-IARST�T1 COMPANY, 7101� HIGfiLVAY #�65, FRIDLEY, AtINNESOTA. Mr. Dick Johnson was present for the request. 4 � ' � � ' BUILDING STA�vDARDS-DESIGN CONTROL SUBCOb1�tITTEE TiEETING OF APRIL 25; 1974--PG hir. Johnson said the building will match �Che existing structure and be painted concrete blocks. A stairway will be located on the west side of the addition to alloca access to the upper level, with an exit on the east Side loading door. The south tvall will have 2 14x10 overhead doors and 4 7x10 overhead doors. The north elevation will be solicl block. There a�e two levels to the building, this �vill allow for better utilization of the space ins:ide. AIr. Johnson said there tivas a problem �vith the zoning o� all . the property, the back 50 feet �is zoned R-3. A variance was giving to them by the Board of Appeals. The Board asked if the area in the rear �aould be blacktopped. N1r. Johnson said he would like it to remain non-blacktopped, due to the fact that his bulldozers are down in this area and everytime you turn one around, you would tear up the asphalt surface. The Board said this would be alright to leave the area non-blacktopped. 4H . There will be no problem created by the buildirig for drainage. rir. Boardman asked if this rear area s.urface was b ad, especial.ly after a rain. Mr. Johnson said no, the area has a Class V base and has never caused any problem. They have plowed this area and have had no problem. Mr. Boardman asked if he had ever considered putting rock down, b1r: Johnson did.not think this would b� necessary. 1�1r. Lindblad said there � no problem with any landscaping, outside rubbish or lighting, this had b een handled when they came before this board last year. b4r. Johnsan said there is a loading door on the east side of the building. � Approximately l0 feet from this door a small propane tank will be stared. Mr. Johnson said this will meet with requirements �or safety reasons. , � htr. Boardman asked if the 'tFJO small shacks would be removed. Mr. Johnson said yes, but would wait until he can safely store ihe equipment from these 2 shacks into this necv building; approximately 1 year. � � , L� � � C� � MOTION by Tonco, second by Treuenfels to recommend to Cauncil Spp'�t�i� �„�x�� the storage building with the follotiving stipulations: `� 1. The building will be painted to match the present building. 2. The smaller storage shacks be removed when safely feasible for the equipment stored in them; approximately 1 year. UPON A VOICE VOTE, all voting aye, the motion carried unanimously. 7. CONSIDERATION OF A REQUEST TO ALLO{V THE h90VING OF A FENCE AND RELANDSCAPING: LOCATED ON LOT 1, BLOCK l, EAST RANCH ESTATES FIRST ADDTTION; THE S'� ,�s �, BEING 7620 liNIVERSITY AVEIdUE N.E, PRIDLEY, DIINNESOTA. (REQUEST BY�! '��"� NtiRSERY, 7940 PENN AVENUE, BLOOMINGTON, PIINNESOTA 55431) . ° 1�1r. Jahn Schoenxadt was present for the request, bir. Schoenradt said what they �aould like to do is remove the fence along Osborne Road and place all material stored here in the fenced in area. He said Frank's operates a little different then Green Giant, in that everything is ur.der lock and key and must go through the checkout clerk first. • The Board asked what protection they would have guaranteeing no storage ' LJ , ' � r BUILDING STa�DARDS-DESIGN CONTROL SU�CO�tMITTEE biEETING OF APRIL 25; 1974-PC �� would t�il:e place here after the fence is do�vn, rir. Schoenxadt said it is his job to reporfi to the owner on any discrepancies and he would take action against the offender. The Board asked for some landscaping, mainly evergreens to be placed in the area where the�fence is removed from. Mr. Schoenradt agreed to this, h90TIpN by Tonco, s�cond by Txeuenfels to� r�t��'��a��« �'�� of the fence �emoval; and landscaping with the foTlowing stiputa�� , r;�: . " 1. 1Vhen the fence is removed, no storage will be allowed here. If storage is started here again, the fexce will have to be r�placed. 2. Landscaping plan be brought in for •City approval. UPON A VOICE, all voting aye, the motion carried unanimously. 8. CONSIDERATION OF � REQUEST TO ALLO�V FOR THE ADDITION OF A 56VIA�IING � POOL CENTER: LOCATED ON LOT 1, BLOCK 1, GREAT NORTHERN INDUSTRIAL CENTER; T�iE S�IE EEING 5401 ERST RIVER ROAD, FRIDLEY, h1INNESOTA. (REQUEST BY FLYWOt7D MINNFS4TA, 5401 EAST RSVER ROAD,.FRIDLEY, MINNESOTA). This item was cancelled by P2ywoad Minnesc�ta. x_:.� 9. C4NSZDERATION OF A REQUEST TO CONSTRUCT A BUILDING TO BE USED FOR CREW FACILITIES: LOCATED �T THE NORTHTQIVAI YARB #,QCAT��, , FRIDLEY, h�INNESOTA. (REQU�ST BY ``�URLINGTCIN NOR�'HE�tN RAILRdAII, `' �,�C. 4055 EAST RIVER ROAD, FRIDLEY, MINNESOTA.) Mr. Del Bizby was present for the rec{uest. 0 Mr. Bizby said this building is pa�t af the overall project by Burlington Northern Rai�road in this area. The facility wil.l house lockers, sho�aers, and cafeteria facilities for the crews. There will also be a dis�atcher in the building. Mr. Bizby said the exterior is a buff color with sky blue panels. P1r. Boardman said there will be some landscaping, but this will be h andled after the entire project is completed. The Board stipulated that the landscapirig plan must be brought. before this Board £or final approval. A1r. Boardman also painted out that there should be a five foot sidewalk bet�aeen the building ancl the parking area. A40TION by Tonco, second by Treuenfels to r.ecommend to Cou�ci.� "� of the xequest with the`�ollawing stipulations: "'" """ 1. Final landscaping plan for th� entire Burlington Northern project be brottght before this Board for final approval. 2. A five foot sidetivalk betcaeen the building and parking area be provicle� UPON A VOICE VOTE, alZ voting aye, the motion carried unanimously. Tir. Boardman said due to the lateness of the hour, they would discuss t � Curbstone at the b9ay 9, 1974 meeting. 'I9ie meeting adjourned at 11:30 p.m. �e�spectfull , submitted, �CL-u-LrzJ � �-cr�� Paula Long, Sedretaxy .� , �5 ENVIRONMENTAL QUALITY COMMISSION April 9, 1974 MEMBERS PRESENT; LeeAnn Sporre, Tom Sullivan, Robert Erickson, Mary Martin, and Jim Langenfeld M�MBERS ABSENT; Shirley Kennedy and Roger Kaye Chairman Langenfeld opened the meeting at 7;45 p.m. CORRECT i ON 0�' MINUZ`�S .MARY MARTIN MADE A N:`TION THAT THE MINUTES OF MARCH 12 BE ACCEPTED WITH THE CORRECT_CONS AS NOTED: 1. That the corrections of the February 12 minutes be indicated as following; (Refer to lst page, 2nd paragraph) "This item was tabled ti11 further discussion." Corrected by deletion of this line. 20 (Page 2, 2nd paragraph) "As a member of the Environmental Quality Commission, many people had asked Tom Sullivan questa.ons_pertaining to this, and he felt worthlesso" Worthless ss corrected to read helpless. 3. (Page 3, lst paragraph) "Mary Martin said she had gone over the y-Laws and retyped them, changing a few of the things she felt were needed." By-Iaws is corrected to read Conservancy Ordinance. Corrections to March 12 minutes l. (Page l, last paragraph) "Motion �nade by Mrs. Sporre that a new permanent member be created on the Planning Commission to be filled by a member of the EQG." The word member is corrected to read "position". 2. (Page 2, 2nd paragraph} "Motion by Mary Martin that the Environmental Quality Commission advise to the City Council that they would like to send a representati�..e to work on the Burlington Northern project, located on Highway 47 and University and County Road 132, in coordination with the Planning Co�ximission, contiguous with the North Park area in lceeping with the natural entities of North Park and raquest Council approval on such action." This motion was made by LeeAnn Sporre. MOTTON w�.s seconded to accept the �arch 12 minutes bg LeeAnn Sporre. MEMBERS I�TP � Robert �rickson, new mesnber appointed to �he Environmental qua.lity Commission, was introduced to members. Mr. Zangenfeld welcomed Mr. �rickson and hoped he would enjoy his position on the Commission. Mr. %angenfeld read the le�ter that was sent to Roger Kaye in regards to his attendanceo (At the time of the typing of these minutes, Mr. Kaye informed Mr. Langenfeld that he wi11 send a letter of resignation). , Page 2 5 A , , � Mr, Langenfeld asked the members if they would appoint a Vice-Chairma.n or Vice-Chairwoman for period 4-74 to 4-75. MOTION BY LEEANN SPORRE THAT THEY NOMINATE BROTHER TOM SULLIVAN AS VICE- CHAIRMAN FROM APRIL 1974 TO APRIL 1975. Seconded by Mary Martin. The motion carried unanimously. RECYCLING CENTER ' MARY MARTIN MA.DE A MOTION THAT THEY CONTACT THE METROPOLITAN RECYCLING CENTER AT 666 P�LHA,M BOULEVARD, ST. PAUL, r1N. , 55114, AND ASK THEM IF THEY WILZ COME I3�FORE OUR CTTY GOUNCIL AND M.AKE A PI��ENTATION R�CGARDING FSTABLISHING A RECYCLING.CENTER IN FRIllLEY. TH� CT�A.IRMAN OF THIS COMMISSION � sHOULD CONTACT THE CITY COUNCIL AND REQUEST THAT THIS ITEM BE PUT ON THE AGENDA : � Motion was seconded by Tom Sullivan. Upon a voice vote, the motion carried unanimously. Mr. Langenfeld wi11 write a leter to the Metropolitan Recycling Center. Mr. Langenfeld read hi:s.?etter of thanks that was sent to the Planning Commission for their inclusion of the Environmental Commission. LeeAnn Sporre said there ought to be a voting representative on the Planning Commissir�n, This could be incorporated in the revision of the City Charter. LEFANN SPORRE MADE A MOTION THA.T A LETTER �E SENT TO THE PLANNING CO�IISSION, CITY COUNCIL, AND CHARTER CO�ISSION REQUESTING A NEW FERMANENT VOTING 'POSITION BE CREATGD ON THE PLANNING COMMISSION TO SE FILLED BY A MEMBER ' OF THE ENVIRONT�NTAL QUALITY COMMISSIOIQ. (The chairman did not write a letter tQ t�te Planning Commission as a�tion is now being taken. Members of EQC please refer to minufies of the Planning Commission, Apri1 3, 1974, sent to you recently. The Chairman felt that sufficient data has been presented to the P1ann�,ng Commission regarding the placement of a member of the EQC on the Planning Commission. Therefore, a letter is not required. Chairman Langenfeld also attended the Planning Commission meeting of April 17 once again indicating EQC position 3n this matter. The Apri1 1? minutes wi11 be presented to the EQC wh�n;available or at the meeting of May 14.) A LETTER SHOULD AL6�.'BE SENT TO THE HUMEIN RELATIONS COMMTTTEE SUGGESTING THAT THEY REQUEST A PERM.ANENT POSITION ON Tf� PLANNING COMMISSION, Seconded by Bob �rickson. Upon a voice vote, the motion carried unanimously. DISCUSSION OF I3Y-LAWS The By-laws were discussed. It ��as decided that the addition of one sentence on page eleven will state, ''The Chairman of this Commission sha11 be a voting member." . MOTION BY NtARY MARTIN THAT THE BY-LAWS OF THE ENVIROYIMENTAL QUALITY COMMISSION BE ACC�PTED AS WRITT�N. , "Page 3 5B � Seconded by Tom Sullivan. Upon a voice vote, the motion carried unanimously. The secretary will type a final draft of the By-laws. (See attached). ' CONSERVANCY ORDINANCE Mr�o Langenfeld said he intended to ask the Planning Commission to review the Coon Rapids ConServancy Ordinanceo This is similar to the Creeks and � Rivers Management Ordinance. LeeAnn Sporre recommended they include the pond areas and water ways north of North Park. � RICE CREEK & LOCKE LAI� The outline report on Rice Creek & Locke Lake was discussed by members. A letter would be written t'o the City Manager, Councilmen, and Mayor in . regards to this topico (The City Council has accepted the outline and ' reCOmmend that Rice Creek Watershed District prepare a study as to pc�llution and other problems in regards to Rice Creek and Lo4ke Lake). A letter was not w'ritten after the above inform.ation k�as made available. ' REPORT FRQM TOM SULLIVAN ON TREE ORDINA.NCE Tom Sullivan reported on a discussion that was held at the Planning Commission meeting concernin.g the Tree Ordinance. A problem had arisen because none of � the original petition sponsors were present. A representative from NSP ' was present at the mzeting a�id stated they wanted to be exempt from the Ordinance, although they were not opposed to it, because of specific ' pro�dems witl� the cutting down of trees when putting in wires, etc. Mrs. Sporre showed il?�.ustrations of the various parks in Fridley showing � diagrams of the location of trees. The Commission further discussed the advantages and disadvantages of the .Tree Ordinance. (This item will be hopefully concluded at the next meeting). ' AD JOURNNI�N T T�OTION BY LEEANN SPORR� TO ADJOURN THE MEETING. Seconded by Mary Martin. The motion carried unanimously and the meeting adjourned at 10:40 p,m. � The nexfi meeting is scheduled for Tuesday, May 14. � Respectfully submitted, ' . s.::1 � �«�, � �� .�%�� , Shell Morrison � Recording Secretary , �� BY-LAWS _ FRIDLEY ENVIRONt�NTAL QUALITY COI�?ISSION TABLE � OF C ONTErdTS Introduction Article I: Corrunission Organization I-I" Officers I-2 J�embership I-3 Grounds for Dismissal for P1on-Performance I-/� Resignation of a P�:em�er I-5 Duties of the Chairman I-6 lhzties -of the Vice-Chairman Article TI: Regular Meetings II-I Regul�.r Meetin�s II-2 Special I�`eetings I1-3 Quorum II-/� Proxy and Absentee Voting II-5 r�eetin� Procedure II-6 Nieeting T�?otices Article III: Su�acommittees III-I Establishment of Subcommittee Members III-2 Subcommittee Procedure III-3 Service of Task Groups Article IV: Amendment of By-Laws ArticTe V: Reports�of the Commission- 5C 1 1 � �_1 � , � � I � �� L_� , � � � ' � ' il L_ Page l The ENVIRONP�NTAL QUALITY CO:�"N:ISSION (hereinafter referred to as EQC) is established to stimulate interest in, and to promote an awaxeness. of, environmental concern among citizens of the City of F��idley; to serve as a resource agency to the City on matters regarding the environment, including information on environmental problems, laws, policies, and re�ulat�ons of the County, Metropolitan, State, and Federal levels to the extent of their effect on Fridley; and to advise the City Council and the City I�.ana ger. Should these }3y-Laws in any way conflict with the City of Fridley Ordinance P�Tumber 520 ��An Ordinance Establishing an Environmental Quality Commission for the City of Fridley" which established this Commission, the Ordinance shall take precedence over the :�;T-La,ws. ARTICLE It COI��SSSION C:?GE�:�.`7?A'�'IOt�' I-I OFFICERS The officers of the EQC snall cansist of the Ghairman and a Vice- Chairman. The Chairman shall be appointed by the Mayor and City Council. The Vice-Chair�ran shall be elected by the Corumi.ssion for a term of one year. If a vacancy occurs durin� the term of this elected office, the Chairman shall appoint a member of the Commission to serve in such ofiice for the remainin� portion of such term. This appointm�nt shall be su'.��ect to the approval of the Commission by a simple majority of those present at the first regular meeting following the appointm�nt. I-2 N�I�`�3ERSHIP The Commission shall consist of seven rr,embers, each appointed by the Mayor upon the approval of a majority af the members of the City Council. :�iembers of the Commission shall be residents of.the City, shall h�,ve an interest in the enviranment of the City, and shall be appointed with due re�ard to their fitness for the efficient dispatch of the functions, duties and responsikiiliti�s vested in �nd imposed unon the Conunission.- The Chairman sha11 be appointed at-large. The remainin� six members shall consist of two members from cach Citf L1ard. T�embers of ihe Commission shall be appointed for terms of three years, except for high school or college students who shall be appointed for terMS of one year each. Upon the expi.ration of his or her term of office, a member sha13 continue to serve until his or hez� successor shall have been appointed. Commission members may resign or be removed from office by a majority vote of the City Council. Vacancies on the Commission shall be filled by appointment by the Mayor upon a majority vote of the Council. Commission members appointed to fill any vacancy shall serve for the remainder of the vacated term. 5D � , � , , ' , , ' �J � u LJ � � , � . ' �J Page 2 I-3 GROUNDS FOR DISMISSAL FOP NON-1'ERFORMANCE Whenever a Commission member fails to particip8te in activities to which he is appointed or elected, or whenever a member fails ta attend eight regular Commission meetings (u�ithout valid excuse) within a twelve month period, the Commissioners shal-1 be notified of sur_h facts. The non-performing member shall be allowed to read into the record his reasons for non-performPnce if he so desires. The Commission shall send their recommendation to the City Counci7.. I-4 RESIGNATION OI' A MEMBER If a member of the Commission elects to resign, a formal letter of resignation shall be presented to the Chairman of the Co�f�mission t�nd the Councilman of the Ward he respresents, as ti�ell as a copy of the resignation letter to the City Council. I-5 DUTIES OF THE CHAIRMAN The Chairman shall preside over pll regular and special meetings of the Commission, He sha11 appoint such members to various subcommittees and tasks as he deeems necessary and as agreed upon by the Commissioners and these By-Laws. The Chairman (or in his stead a Commission representative) shall act �+s the official Commission spokesman before the City Council Pnd other government�,l. bodies and stiall act as liason between the City government Pnd the Commission. It sha11 be the duty of the ChairmPn to present both pro and con sides of an issue unless there was un�nimous agreement on an issue. It shall be the duty of the Chairm�n to schedule al_l. regular and speci�l meetings as provided in these By-Laws. I� sha11 be the duty of the Chairman to see that the minutes of each meeting are recorded. I-6 DUTIES OF THE VICE-CHAIRMAN The Vice-Chairman shall preside over all regular and speci�±l meetings of the Commission in the absence of the Chairman, The Vice-Ciairman shall coordinate the activities of the var.ious sub- committees and insure that each subcommittee is carrying out its activities. Whenever possible, the Vice�Chairman shall attend the meetings of subcommitZees designated by the Chairman as an ex-officio member. He shall carry out any other task assigned by the Chairman. The Vice-Chairman shall assist the Chairman with overload work from the office of Chairman as requested by the. Chairman. ARTICL1s' II: MEETINCS II-I R�GULAR rIIsETINGS The Collunission shall meet as a body for regular business meetings once a month through-out each year. Such meetings sha11 be held 5E , � ' � �1 � � � , � � ' Page 3 at the Fridley City Hall unless otherwise designated by the Chairman. If a meeting is to be held at another place ii sha.11 be imperative that a public notice of this change be placed in City IialL � II-2 SPECIAL N`;EETINGS The Commission shall meet for. special business meetings upon call by the Chairman or upon request of two or more members of the Commission. The time and place of such meetings shall be designated by the Chairman. • II 3 QUORUM Four or more Commission members shall. ccnstitute a quorum for a11 regular ar�d special meetings of the Commission. TI-4 PROXY ARTD ABSENTFE VOTIP;G Absentee voting and proxy voting shall be permitted only when a quor�zm can be constituted without either vote being used to constitute the quorum. No person may vote �nore than one prox� per motion. II-5 A�ETING PROCEDURE All regular and special meetings shall be governed by Robert's Rules of Order Revised. � Whenever possible, items t� be placed on the agenda should be submitued in wri*�en £orri to the recording secretary.at least two � weeks prior to such meeting. The recording secretary shall send ' copies.of the agenda to each member at least one week prior to �he meeting. ' ' ' , ' C� Complicated and involved motions made from the floor during a meeting shall be submitted to the recording secretary in writing at the time made. Ar�y motion may be passed by a simple majority of those present. The Chairman of this Commission shall be a voting member. IT-6 MEETING NOTICES Upon the direction of the Chairman or '�ice-Cha�rman the recording secretary shall send out notice of re�u�ar Commission meetings to alI members at least one week prior to such meetin�s. The notice sha11 include the time and place of the meeting and the business to be considered at that time. 5F 0 O � � , � � ' , ' J � � ' ' ' � u � ' Page 4 The recording secretary shall send out notice of special meetings at least three days pr;.�r to such meetings, including the same information as notice tor regular meetings. ARTICLE III: SUBCOMMITTEES III-I ESTABLISI3�^�NT OF SUBCOi�'A�:ITTEE N'�EifBERS The Chairman of ths Commission shall appoint subcommittee members. These appointments shall be ��z�ject to the approval by the Commission at the on�oing,meeting or the next re�zlar meeting. The Chairman shall appoint menibers to subcomrnittees for the lengtl� of time needed to fulf'i1�1 the purpose of the subcommittee. The term of a subcommittee �hairman shall be no longer than the term of the Chairman of the Co�nmission. IIT-2 SUBCO�i:�fITTEE PROC�DURE Once a subcommit�ee has'be�n established and its mem�ers appointed, it shall Meet with the Commission to investigate a projected scope of activities. Within a d�signated time thereafter, the subcommittee sha11 submit a report of preliminary activiti.es and its recommendations to the Commission. Meetings ot subconunittees shall be held i.n accordance with procedures a�reed upon by its members. The Commission shall be kept informed of all activitie� undertaken by each subcommittee. Subcommittees shall submit written reports of activities when required by the Commission. III-3 SERVIC� OF TASK GROUPS Whenever a subcommitte finds thFt its purposes could be better accomplished by b'ringinU in non-commission personnel, such recommer� ation shall be submitted to the Commiss?on alon� with the names of non- commission personnel contempl,ated and tr�e reasons therefore. . Upon affirmative action by the Corunission the recommendation will be adopted. A notice of' Corimission action will be sent to the City Council. ARTICLE IV: APIENDP�iENT OF BY-LAvJS These I3y-Iaws may be r�mended at any regular meeting of the Commission by a majo'rity vote of all Commissioners. All amendments, deletions, and additions to these By-Laws shall be adopted in the.following manner: All amendments must be in written form. Wri�ten notice of any amendment will be sent to all memrers thirty days prior to the meeting at which the amendment will be voted upon. An amendment may be 5G Page 5 5N presented at any regular monthly meeting and voted upon at the next regular meeting provided that. there has been time for the members to have 30 days written notice. The exact wording of the amendment shall be part of the written notice. Amendments to the By-Laws must be passed by a 2�3 majority of the membership. V: REPO�.TS .OF TI� CO'�1�SISSION At least once each year, the Commission shall. prepare a report of its activities and recommendations to the City of. Fridl.e,y. Members shall be allotaed to attach dissenting opinions to 'the�repo-rt. A Commission representative shall attend any City Counci� meeting at which Commission recorsmendations are c�nsidered and may request attendance by any other member or persons interested in such reco.'nmendations. � � �J � �� 0 � `�J � � � �`-7 �--=.� C� � � � �-1 � � '---=� � � �� ■ � � � �� W � �■� ii� � ,�,. .�. � � � � � � E_. � �� a�e n -.:a F: <� s � '� � � � �°: � E��l� � �...� i.: _.:� � �=�w �� ;�� :�:� �:�� :r�a� � � c� �� :� :�9 �:.w� � �- � � ,�: �. OFFICE OF THE CITY MANAGER Apri�l 17, 1974 � MEMORAfvDUM 0 T0: �1r. Winston Worden Mr. Kenneth C. Sporre Mr. Francis R. Nash Mr. Trevor A. Kyle Mr. Russell E. Frazier FROM: SUBJECT: �Vasim M. Qureshi, City Manager Requested Response to Planning Commission Proposal The City.Council.of the City of Fridley received the Planning Gommission minutes of April 3, 1974 at their Rpril 15, 1974 Counci7 Meeting. Part of the minutes of tf�e Planning Commission meeting referred to the Plan- ning Commissi�n's recommendation to the City Council in regard to a proposed tree ardinance. As a result of the discussion concerninc� this item, I have been instructed to send to each of you individually the foliowing items: 1. Planning Commission meeting minutes of March 6, 1974, section in relation to the tree ordinance. Z. Planning Gommission meeting minutes of March 2�, 1974, section concerned with the publi� hearing on the tree ordinance. 3. Planning Cammission meeting m�ir�utes of Apri1 3, 1974, containing the recommendations on the proposal for the tree ordinance. The City Gharter requires the Council to take action on your petition no later than 65 days after its receipt by the Council. The 65 days are up May 8, 1974. The City Council arould appreciate a response to the Planning Commission proposal by May 1, 1974. This will allow the Council to put this item on the agenda for hlay 6, 7974 for consideration at that time. Your cooperation is deeply appreciated, and if any further information is needed, please feel free to call my office. (VMQ/PJH/ms Enclosures , j� � • � � � ' � � � � i I• � , '• .r� .j . . ' '� ' . ' �. - . ?i'( Gr� ; ;1�L�'( .� . � otzvlrrnt��cL a � � 191�: Ff:� --7 f:' 1�• , ,• 29. City of Fridl.cy . � �G_i �IED AN OFtDIN:1�'CE PROHII�TT1i�G T{!E DI:ST[tUCTIO;J Ol� TRRL•S Oy CI7'Y (J{�Nf:D PUI3LIC l.At�U IN '1'fik: CI7'Y OI� PRIULEY FXCEPI' U�•�DiiR SPECIrIED CONDITIO�YS. The City of Pridlcy i�ocs Ordain as folluo�s: SGCTIO��_1.. No person or corporution, public or private, including but not . limi.ted to the Ci.ty o£ f�ridley, its officers, enployees or agents; � shall order or cause the injury or destructio�l of any living tree ' on Cit�• ow�7c;1 latld c�ccpt unc!er. thc followiryg conditions: a. l�or control cf vcrified case;s of Oa3: ltiilt or Dutch Elm disease as pro��idcd in Ch. 2.E of the I'ridJ cy City Code. �. I�or pt��-��oses of. �•rood2arid r.ianac�e�.�ent�, the z•en�oval of up to 3 trecs per acrc Pcr yeur �:�:�y Le �crmitted, but only after a r.�ana�e~eT�t pl<�n j�:stifyi;l�; such r:��;:ovals has Leen �ppraved by t.he Fridley Far::s �_nd Recreation Subc.o;:;.�it�ee, the Friulex P�F1Jll111;� Co;�.:; issivn and �.hc Fricllcy City Council, No trce .. r.emo�•al siiall he ailo�red under thc ��rovisi.ons of this Paragraph w; ich is noY. def.ined in tlle Plan. c. For purposes of necess:�r�� pticlic uLility cotistxuctio�i, but only aftcr the prc�_�ar�tion of a de;.ailed I;lan and ap�;roval • by the authorii.;.es nau;c:l in Para�raph ':h" abovc.. No such pla.n shall. !;c ai pro�: ed �;hich docs not }�xovidc for refurestat�on and thc restoration of i:ne land to its original condi.tion. SECTI0�1 ?.. Trees r:�asuring ]css th-.n .3 i.nches zn dianctex at a point 4 ft. above grow�d arc exempt si•an 4he pzovisio�ls of this ordi�iance. SECTTOI 3. Nothir�� in ihis ordinance shal] be constxued io prevent thc �„ �routinc trir��iing c�f r.rees in streei. ri f;ht of t•;ay. SECTION 4. Any person who violz�tes this ordinar�cc shall he guilty of a raisderrcanor. The injui•y or destructiun of each prai:ected tree shall be a separate ��iolation. ' • --------------------------------------------------------------------------------- AFFIL�A1'IT (:F VERI F].C.�'�'ION STATL Q; DSII�TiESOTA ' SS: Q CODUTY OF AI�O}:t1 � , Revercn3 {,'instan {'�orden, ��ein� first dul�• sti;oi•n, deposes a�id says that h° is one of the five electors ChaL t:ave for*;�ed ihemscl��cs int.o a Co�rv„ittce t'or t:Le Tnitiati.on of the ioreioinR ordin�;�c.e. 1'hat. saicl ordiiu:�:ce is a truc copy. of the proposed ardiilance �hicli has bcen filcci �;ith thc City Cler.k I�i�rst�a�it to Sect�ori S.OA of thc Chart: r oI t.}ic :L'ity of Fridlc��. 1'k�ai. thc namcs ;:rid addresscs u£ the nciabers of t}:c Cor,unittcc :�r.c as follo��s: It'inston. {�brden, . 6121 Trinity Uri�•c, Kcnncth C. Si�orrc, 30] Ironton, 1��•;inci s R. J�ash, G415 � �'at� Fit�rcn, 1'rc�•or :1. t�y�lc, 5179 liorizon .Drivc, Itusscll I:. Fr<i��icr, 1R1 Haxtr,�an Circic. Th1t a col��• of thc �>ro�ioscd or�linancc aii�l of L}il$ Vl;l'1f1C1t1011 �hall bc attachcd to cach si�nature p.iper circiil;itc•d as a ��cti.tion. t �- ,; ,= ' • .,�,,,_ p^?•• . . . ^. • S1iOTI1 t0 �y:_�/ „°��"�.�:�', ..��pi. 'I�� R.:''��,.,:'•�,,,,.�-�� Iiine,Lon l'�c�r.lcn .� � G121 '1'rinity Drivc . Ti•idlcy, �linnesota ••'�� '� ,� ; ! / '•.. ' . ._. • St�bS�ribc:d ,atid .s�:�r,rn to Urf,,rc mc• tltis r'% cl�y t�f .. �; -=,�:,;,.. •�ii , 1�17q. . .' � � � ,;fi . . . � �. ,' ,�: � . . . , , �'� � ._�._,.:,Gy._ _.....r.__..�..:? _ ' _.�.._. _ �: . • �'��t;�ry Put,lic Cau��ty� blini�. � � � , �. . � L • � � � � :. �.. � ' � � � . � � l__J �� r RECOMMENDED BY PLANNING•COMMISSION 4/3/74 ORDINANCE AN ORDINANCE PROHIQITING THE DESTRUCTIOPd OF TREES ON CITY ' •,OWNED�PUQLI-C LAidD I�d THE CITY OF FRIDLEY EXCEPT UNDER SPECIFIED COi�DITIONS 0 THE CITY OF FRIDLEY QOES ORDAIN AS FOLLOI�JS: .. SECTIOPI l. No person or corporation, public or private, including but not � limited to the City of Fridley, its otficers, employees or agents, shall order or cause ti�e injury or destruction af any living tree on Ci ty o�rned 1 and. except �mder the fol l o�,ri ng condi ti ons : a. For'control �of all types of tree diseases; such as verified cases of Oak lti�ilt or DuLCh Elm, as provided �in Ch. 104 of the %� Friclley City Code. b. Projeci; development that involves the removal of fewer than 3 . �rees per acre are exempt from tfais ordinance. ._ � c. For pur.poses of t�toodland preser��ation, i:he removal of trees may be permit�:ed, but or�ly after a management plan justifying such rer�oval has been reviewed by the Fridley Par�:s and Recreat�on Commission, the Fridley Plan�ing Corrmission and approval by t��e Fridley City Council. tdo:tree removal shall be allo,ved under the�provisions of this paragraph �vhieh is not defined in th� plan. _ d. For purposes of necessary strEet and public utiliiy construction, but only after the preparation of a d�i;ailed plan and approval by the authorities named in Puragraph "c" above. No such plan shall be approved ��hich does not �rovide for r�forestation and . the restoration of the land according to the plan as approved by the City Cauncil. � e. For the purpose of park or other civic development but only after the preparation of a detailed plan and review by the ' authorities named in Paragraph "c" above. Such plan must indicate how the final development wi11 be done, including ground cover and tree plantings. • SECTION 2. �Trees measuring less than 3 inches in diameter at a point 4 feet • above ground are exempt from the provisions of this ordinance. SECTION 3. Nothing iri this ordinance shall be construed to prevent the routine trimming of trees in street rigi�t of tivay, City Parks or other City owned public land. � � .� a. This ordinance is not to be so construed as to prohibit any utility ' company from removing any tree that has become a hazard to norm�l . service, however, this waiver does not apply to ne�v installai:ions or to pre-planned routine niaintenance o�r to the total removal of � an undamaged mature tree. . � . • �' . . � , .. ■ � Ordinance . . . . . ' . ' Page 2 .' . � ., b.. Nothing in this ordinance shall be construed to prevent the C�ty from rernoving a tree from street right of ways, City Parks . or other City o�vned land, that has by nature become damaged ', � � , ' 'so as to be no longer viable. • - SEC7ION 4. Any person who violates this ordinance shall be guilty of a � . misdemeanor. The injury or destruction of each protected tree ' shall be a separa�;e violation. - SEC7IOPJ 5. The City ofi Fridley shall not remove trees for the purpose of � � developing a goli' ceurse vrithout �rirst submittiny such proposed use to a public refe�°endum for approval. — _j �.._�. � �, . �� 1 �� . �� : . i. � .� 1 ... . . . , . � . . . : . 1 � � - ... . ,; . . : � � �� . . . . . . � I . _ . I. � � �� . . � . . � . . . � � � 1 .. . �� .� �.��. 6C � . i. � � � , �. , . r- � � �� 1 � � 1 •� . •April•15, 1974 . , • . . COMPARISON BETWEEN TIiE PETITIONED ORDINANCE AND THE ORDINANCE PROPOSED BY THE PLANNING COMI�IISSION AN ORDINANCE PROHIBITING THE D�STRUCTION OF TREES ON CITY OWN�D PUBLIC LArdD IN TfIE CITY OF FRIllLEY EXCEPT UNDER SPECIFIED CONDITIONS (same in both ordir�ances) THE CITY OF I'RIDLEY DOE5 ORDI�IN AS FOLLO�aS : 0 .� SECTION l. No person or corporation, public or private, including but not limited to the City of Fridley, its officers, employees, or agents, shall order or cause the injury or_ destruction o�' any living tree on C�_t�y owned lanci except under the � fo1].owing conditions: (same in bpth ordinances) �. (a) Eor control of veri-fied cas��> of Oak Wilt or Dutch � �lm disease as nrovided�in Ch. 28 of the Fridley City - Code. (petitioned ordinance) • - � (a) �Q�.c�l� -.01_ of aJ_J_ tv�es of. tr_ee diseases� s�!r_h �s veri- ` •fied cas�s of Oar; F�;ili� or Dtttch I],.� as provided in '. ' • Ch. 104 of the i'ridly City Caae. (P�lanning Commission) � ��,'�� (b) Project development that involves the removal of fewer �� than 3 trees per acre are exempt fram this ordinance. (a�dded by the Plannii�.g Gommission) b) For purpos�s of �•�oodland manac,rement, th� �gm�.o �;-�1„��„f � t=-o �' r�ry�,��r��r.�r,� per ��;� rnay lle permitted, but only after a management plan jusLifying such removals nas bee:; approved by the Fridley Parl�s and Fecreat-ion Subccmmitte� the Fridley Planning Commission and the Fridley City Council. No tree removal srzall be allowed under the provisions of this Paragraph which is not defined in the plan. (�etitioned ordinance} . �G� c) For purpos�s of woodland �reservation, �he rer,�oval of � t ee mav 7�e x�er.mitted, but onTy after a management plar justifying such removal has been reviewed� by the i ridle_y Parks & Recreation Commission, the Fridley Planning Commission and appro�ral by the Fridley City Council. No tree removal shall be allo�•�ed under the provisions of thi paragraph which is not d�tined in the plan. (Plan. Comm.�; d� . . .... For purposes of necessary public utilitv construction, bu only af ter the preparation of a detailed plan and approva by the authorities named in Paragraph "b" above. No such plan shall be approved which does not provide for refores ation and the restoration of the 1'and _;-o i ori cr�nal r_nnc3 i t-i nn, (Petitioned ordinance) ' (d) For purposes of necessary struction, but only after � plan and approval af the "c" above. No such plan providc for refoxestation . C o�Ti» �cd street and public util.i.tv con- the preparation oi a detailed authorities named in Pa�ragraph, shall be approved which daes no� and the restoration of the land p,��t ''. � � � Comparison of Ordinances Page 2 April 15, 1974 .� � � � � 6E �a,�rdinq to the �Tan as approved by the City Council. (�lanniiig Commission) (e) For the purpose of park or other civic development,�but only after the preparation of a detailed plan and review ��.� by the authorities narled in Paragraph "c" above. Such �� plan must indicate ha�� the final development will be done, including ground cover and tree plantings. (P�lanning Commission) � . . SECTIOPI 2. Trees measuring less than 3 inches in diameter at a point 4 feet ubove ground are exempt from the provisions of this ordinance. (same in both versions.) � . � ` . . ShCTION 3. Noth-ing in this ordinance shall be construed to prevent the the routine trimming of trees in street right of way. (Petitioned Ordinance) �. .' � SECTION 3. Nothing in this ordinance shall.be construed to prevent th` routine trimming of trees in s�treet right of way, City �-arks or other City owned public 1and. ' . � � � ' SECTION 4. (a) This ordinance is not to be so construed as to prohibit any utili_ty campany from removing any tree that hGs become a hazard to normal service, however, this waiver daes not apply to new installations or to pre-planned , routine maintenance_or to the total removal of any un- damaged mature tree. . (b) Nothing in this ordinarice shall be construed to prevent the City from removing a tree from street right of ways, . City Parks or other City owned land, that has by nature became damaged so as to be no longer viable. (Planning Commission Ordinance) Any persori who violates this ordinance sha�ll be guilty of a� misdemeanor. The injury ar des�ruction of each protected tree 'shall be a separate violation. (same in both versions) SECTION 5. The City of Fridley shall not remove trees for the purpose �� of developing a golf course without fir�st submitting such � � praposed use to a public referendum for approval. , � (Added� �by Planning Commission) . d. � � �� . `� � � � STATEMENT OF: Tree Preservation Ordinance � Initiative Petition Sponsors TQ; Fridley City Council ON: Response to proposed Alternative Tree Preservation Ordinance April 22, 1974 6 F � We the undersigned sponsors of the Tree Preservation Ordinance Initiative � Petition, being legally obligated under our City Charter to represent the more than 4, 300 Fridley citizens who exercised their right of petition, make the following response to your inquiry of April 18, 1974. � � �� J � We have received and studied the materials you have supplied us concerning a proposed alternative Tree Preservation Ordinance; the Minutes of Lhe Parks and Recreation Commission Meeting, Minutes of the Planning Commission and a draft copy of the proposed alternative ordinancee '�`e wish to advise the City Gouncil that we cannot accept the pxopusal a� �.' 'r` s�ubstitute for the petitioned ordinance, We find it to be in substantial conflict with the intent of the petitioned ordinanceo Although it appears to accomplish the goals of the petitioned ordinance, it in fact provides loopholes which make the ordinance almost meaningless, Since the proposed alternative ordinance is presumably the product of these two commissions, it is inzportant for you, the City Council, to understand the nature and extent of their erroro � We would like to comxnent on several apparent misunderstandings on the part of inembers of these commissions, and then th.e defects we see in the proposed alternative ordinanceo rParks Commission Minutes � The predominant discussion held by the Parks Commissioners, which were then the dominant factor in the Planning Commission findings are the most dramatic demonstration of the basic problemo � � We urge you to examine these minutes critically. The problem as enunciated by Commissioner David Harris holds that eight city parks could not be developed if the petitioned ordinance became law. I He says, "If this ordinance is passed, there are certain parks which the City ' would not be able to develop because of the trees. All development would stop at the following areas: Ed Wilmes Park, Meadowlands �'ark, Riverview � Heights Park (trails}, West Moore Lake Park, Locke Park (trails), North Innsbruck Park, and Rice Creek Estates Park. ThPre would be no ne�v additional parlcs developed by the City. "(Underlining ours. ) � � , Page 2 � � I I � This statement by Commissioner David Harris, restated by Commissioner Peterson and Chairman Blair (and later restated by members of the Planning Commission) is dramatic evidence of the kind of conceptual bankruptcy which characterizes the approach of our Parks and Planning officials. � We do not believe that the Parks and Recreation Commission and the Planning Commission have adequately evaluated all of the data that should be available to them. Let us really examine the claim that our proposed Tree Ordinance would block development in 8 specific parks; 1. As that development is actually proposed in the Park Gommission's very own "COMPREHENSIVE PARK DEVELOPMENT PLAN", and 2. In the light of the demax�w of the topography, and 3. In the application of plain common sense. Rern.ember the claim that "all development would stop" at the following parks. Ed Wilmes Park -- There are a few mature trees along the south edge and two or three that would be protected at the east end of the park. The City's Comprehensive Development Plan for this park (which, by action of the City Council, prohibits the development of a ball diamond) does not call for an� development which would require the removal of any rnature tree. Certainly, neighborhood interests would be disturbed by the Park Commission's contention that tree removal is necessary "or else. " Meadowlands Park -- The largest part of this park is already barren of trees. There are a few that would be protected by this ordinance and it is the premise of our ordinance that these few trees SHOULD BE protected, not destroyed> The park now has two ball diam.onds, several acres of grass playfields and other playground facilitieso The Comprehensive Park Plan does not indicate a�need for tree removalo West Moore Lake Park -- There are only a few trees on this parcel, none of which would interfere with any proposed de'velopment. Far from being a problem, they are major assetso The people of the area would be shocked to learn the Park Commission wants to destroy them,. � � 6G � Page 3 6 � , � � �� C i � u � ' LJ � � ' LJ Riverview Heights Park Locke Park Rice Creek Park. --- We lump our comments on these three parks together because the alleged "problem" is the same. Commissioner Harris tells us that "all development" in these three parks "would stop" if the City is not allowed to cui trees to build trails. Th.is must be the height of absurdity. By definition, the building of "trails" does not require tree removal. .. it accomnlodates trees and other natural features. This position, taken by this particular Park Commission, and adopted by the Planning Commi.ssion, dramatizes the need for the petitioned ordinance. The people of Fridley do not want the City to remove a� healthy tree from Locke Park, certainly not� under the pretext of building trails. North Innsbruck Par.k -- The people of the North Innsbruck Park neighborhood are already outraged by the deciznation of Pecks Woods. We can't believe that any City official would seriously propose the further cutting of trees in North Innsbruck Park. The present Comprehensive Park Plan does not indicate the need for tree cutting in this park, and if the City has other plans for it, we would like to describe those plans to local residents. Rice Creek Estates Park -- (The Goodco Development). The discussion of this park's development, which occurs in several parts of the minutes of both bodies, is simply incredible. There is not a single protected tree on any part of this park which has a grade suitable for playfield development of any type. The only trees on the proposed site are on an unusually steep hillside where they help control erosion and should remain untouched. The statements of Mr. Harris and Mr. Peterson that "There is no way that the Goodco dedication could be de- veloped because of the location and nurnber of trees ... This would mean no additional skating or hockey rinks, no ball diamonds, tennis courts, etc. " This statement by Park officials is simply preposterous. It bears no relation to the facts of the topography, and yet Mr. Blair cites this park as the� foundation of his motion opposing our ordinance. In view of all of this, we do noi feel that the oribinal proposed tree preservation ordinance would in any way interfere with the fuil development of Fridley's park potential, Planning Commission Minutes There was considerable confusion evident in the minutes of the Planning Commission concerning what is permitted under tk�e terms of our proposed ordinanceo � Page 4 � • Tree Trimming =- The ordinance which was petitioned for does not prohibit , any reasonable tree trimming as long as it does not result in the destruction of the tree. � � � � � ' ''� � � � In the instance of tree trimming on land other than boulevards, there will be a need to exercise conservative trimming judgements because if trimming then did result in the destruction of the tree there would be a possible violation. In the instance of boulevard tree trimming, this test does not apply. A boulevard � tree which is improperly or imprudently trimmed and later dies would not be a violation. General Comments on The Alternative Ordinance Under the terms of the alternative ordinance the situation as it exists today would still exist. There would be no tree or forest on City-owned land which could not be destroyed at the discretion of a designated City employee; and there is no tree or forest on City-owned land which couid not be destroyed upon the vote of 3 members of the City Council. This is in substantial conflict with the intent of the Initiated Ordinance. We draw specific atterition to the following provisions: � 5ection 1(a)--Provides that the City administration may destroy any tree found to be diseased, without reference to whether or not the disease is serious or that destruction is required for pathological reasons. � � , � � ' � � Tree physiologists tell us that every mature tree has some kind of tree "disease", although most tree diseases do not and should not justify removing the tree. Thus, because all trees are "diseased" in some way, NO tree on City-owned land is protected from the decision of some City employee. This could result in the removal of trees on residential street boulevards in front of private homes, as well as the removal of entire forests in such places as North Park, North Innsbruck and along Rice Creek. Section 1(c)--Provides that an unlimited cutting of trees is permitted under the guise of "woodland preservation. " While it is the desire of the petitio�ers to provide for cutting which is necessary to good woodland management, the unqualified definition of the phrase is overbroad. �There has been great abuse of our public forests in other parts of the country in the name of so-called "wo,odland preservation. " � The sponsors, cognizant of the excesses permitted in the name of "woodland preservation", provided for specific limits to be applied to the manager's discretion. The limits provided in our initiated ordinanae ( 3 trees per acre per year) when judiciously planned, will provide the necessary management flexibility. We eannot accept provisions for unlimite'd discretiori. � Page 5 , Section 1(e)--Provides for Lhe unlimited cutting of trees and forests on 1 City-owned park land after the preparation of a development plan and upon the apprbval of 3 members of the City Council. � This is clear].y contrary to the intent of the ordinance. This is exactly the process used (the preparation of a plan and Council approval) � � which resulted in the decision to cut thz North Park forest. This is one of the reasons the people of Fridley are attempting to initiate the tree preservation ordinance ! Under the provisions of this section, 3 metnbers of the City Council can vote to destroy any City-owned forest in Fridley. Section 3(a) --Allows electric, telephone and CATV companies to remove any tree which IN THEIR JUDGMENT is a hazard to their overhead lines. The sponsors believe that tree-trimming (WHICH IS NOT PROHIBITED IN OUR PROPOSED ORDINANCE) is a sufficient alternative to total tree removal. This may inconvenience utility companies, but we see no compelling reason to exempt them from the provisions of this ordinance. Section 5--Appears to provide for a"Referendum" vote before trees can be removed for purposes o£ building a golf coursea Taken in the overall context of the proposed ordinance, with all the loopholes that have been added, the protections offered by Section 5 can only be described as illusory. Since the City is empowered under Section 1(a) to remove all trees it finds to be "diseased", and all trees can be described as diseased, the City will never NEED to remoue trees for purposes of building a golf course, i. ea , land can be cleared before a decision to build a golf course is formalized. We believe this provision may mislead the public with a false sense of security, suggesting a protection which is then taken away by other provisions of the ordinance. . � � � � � � �< �;� � � For these reasons, we the Committee of 5ponsors, acting in behalf of more than 4, 300 petitioning Fridley citizens, do reject the proposed alternative ordinance. � ' C �� i/2� /� i?»��'�- �'� ��/i 'J.� ` Y L / �-c.i .�. -�l.I% L / �, � lt/��_ � i� � �,�, . � _ � �� ' �� . `/'��'�� .� s � . �� .� , , � _._-___.. � ' I , � - , � Co u rv � i� ��ET' ��N�,ti� Ca�+w, PU �I,�� A��w� CC +T� C6uuc,��-� r.�prr.� . �., � , , � �; : l �, rncsrw e�a.:.%..u�L i�Y wn SUM MON TUE YIED TtSU FRI SAT �. ,� ,� ;,. ( � 3 �� , 6 7 3 J I� 91 E� .13 1�� i� IJ i� l� {3 �� 2� c � �� 2� �� 2a 2� : � : 9 4au,. ��.. i __ _ �+r^. �y .�. .e :� �o.,� ��: C::!z i� ?`: o . SUN MON 7UE YlE� THU FRI SRT � Z �� 7 � .E� f! �� !� t� � f�f�i �� 1� �� Z! 2 �� 2�� . G6�,3 �c�s' v-'7.D .�M �U LS. � � . . Lp.uu M.N.an! f.0.au ,,. �i �e �7 , .o..H ,� � . a et � � �; f'�, o,.. SUM ki0q. TUE LYED TYU FRI � SRT ,�� 1 2 3 �'� a � 7� 9 l� (I I� I� I�� f� ! a 17 1� �� 21 22 2� ��'� �� 7 2€� �� a �I �� . ..�,. woerH . . � u} �n �Y � t✓ B �� o�is SUM ►AOM 7UE Y�ED TKU FRf SAT �.'�v I 2 3 �'� 5 � 7 F3 � !O If I� �� .1� IS f� li I� I� �� 2i 22 2� 2"� �5 ��, �� 2� �� 0 �i �a'�, w� ...�?.. .a..� f � � `�''�" �' :�' ` � f � y -!'. o,.. SUM M0:1 TUE YlE� rnU FRI SqT � .�} ��:: w I 2 � �'� J 6 7 a 9 10 II 12 .13('�1�lil7��i� 2� �1 �2 23 2� �� 27 �� 29 30 3! ��?,. ..� � _._..�., �ti6s %�tC.Utbb C ) I J,S � Q�•J %( i C T/K. G 3 � ,. l�( � F T� � � .��, � � Mo„� �'i',L�r,.��.�r,�iY� ��r4^4 0". SU9 t:lOY TUE IYED T6U FRI SfiT �I C�? Ci � � Z, ....�.� ..o.�,. . ... � �� 7 � � � �� t! I� l� I�� i� e� l7 @ � �� ?Q �E �� 3 ��°r �� _-___.._--- --------- -------- � r^.,� �7 A .,o,,.. Gv,.,. � lt �� u -� s . SU:i f.".07i TCE CIED THU � F. 511T � �(��,. ��.� w� � � �� ' � � �� A! �2 � �� I� I� I7 d� @� �� 9 �� : ��3� �� i� �� °�'� �� ,�„ �pn�nr. 6.{'�.,)��I77++ � Nonix .l .e,..J �,.. ��J :.� G .4G✓ Y � � o t � SUfi IY�OH TryL'�E F.p'ED TYU FF.1 SAT F.� �.�x ..n1i.n I.v.,... I 2 3 � � 6 7 � � I� !d� i�, (� l�� 6� I�� @� (9 �� 2! 22 �� 2� �� 7 �� :�� t .a�.. jn � � ,� � , ; � � (:� �'�� o;;. SUtI M170tl TUE 4'JEO TNU FRI SAT � � � � I 2 �� I.M.iM LO.1N� M.u.lh� �.p.l��n �� 5 G 7 a 9(J !e 12 13 !�� IJ t� !3 �� i� �� I 2� �� 2� �� i 27 2� 2� �� 31 . � . � � --K , �An/w�wV c..OMr��rS/�"� ��tS l�L f/ /S,P� ii. G o: �, �., F� �) E.,,�fy n lil M �VLu�J�� C �✓��. 0�� SUM R10t1 TUE W D THU fRl SAT � c:� � t 2 ..a..w ...,.,�. �a.u.. . � L� 5 � 7 � � I� !I l2 I!!� f� 1�a I� 6� iJ G� �( �� 2� 2431 `�J �63. � G6J �:J .:yu�' fMs�" .�" F.�� ! �R >•"•� � �SL'Y� M01i TUE Y/ED THU FRI SAT � C� � � � ' � r.n.�u� i.o.uu �w.My�e r.o.xm � 3 �� 7 3 . � I� tt 12 (3 !E� 15 j �� 17 E� f� �� 1 22 i 2330 �� .`� �V � Y �� { o�,� ��„!�;I��'��, ��' _ �i; (�'1�'l;t >::. ` r ^ � SUN n�on TUE WED TNU FFiI SAT I 2 3�� 5� 7� �3 9 lil I( 12 13 14 (. � !� f� li t� I� ��J 21 :. � 22 23 2� 25 2� 27 �� o � � �� E s ...,.... ..4..� ..a.�. � � �: noiirN ��1 t y�^�k.m:! .�� / �? e:n . � � suH n.on Tu� vr�o mu F'P.1 SAT j � t 2 3� 5 6 7 i3� � I0� � (I 12 �3 i� � I� i� 17 i J!�+ 20 21 l �� 23 2�+ 25 2�i c 7 2i3 . 2� 30 .��, ��. k�.. ..� �o�,. t"�'„�.��'�!� 1��`� �o,.. �:':��:i �`��'�• 13�L� .... ` SUM MOM YUE WED THU FRI SAT•v` SUM MOPI TUS WED THU iltl $AT e �� . .�.. .�� .�`�,� I 2 I 2� 3 �s 5 6 7 3�s 5 6 7 a 9 i� 9!0 II 12 f�' !4 I'� II �12 13 1�'� 15 i:i I i f�i 17 13 t9 2� ?I I� I� IJ �� ! 2� 23 �� 23 �� 2� 2� 27 �'3 �� 5 2G �7 �� 2� 3�J 2� 3U 31 �<<;.. ,�,. ..�� .;�'w -:�..-=.-=:_.-�'�._ _. ��---.._ ..._-_-----...__ _.:-�:� �-_�--�=_.. -..._...._._._.�......_._�-��..-:__:. ,. _ � � � MEMO T0: CITY MANAGER AND CITY COUNCIL FROM: MARVIN C. BRUNSELL, ASSISTANT CITY MANAGER/FINANCE DIRECTOR � SUBJECT: PROCEDURE FOR RECEIPT OF PETITION FOR ORDINANCE DATE: FEBRUARY 27, 1974 , � ' ' Virgil Herrick and I discussed the procedure to be followed in handling the petition for an ordinance which was received on February 25. The general outline of the procedure to be followed and the dates are as follo�•�s: The City Clerk has five days from receipt of the petition to examine the petition for the purpose of determining whether the petition contains sufficient signatures (Section 5.06 City Charter). There are over 4,000 signatures on the petition that was turned in, so it.appears at this time there will be sufficient signatures. �-L , The City Clerk is obligated to present this petition to the City Council at their next meeting. The City Clerk shall certify to the Council stating . the number of petitioners and the percentage of the total number of voters I which they constitute, and the Council shall at once read the ordinance and refer it to an appropriate committee (Section 5.07 City Charter). It is Virg's op�nion that the phrase, "read the ordinance", does not necessarily imply acting on the ordinance as the first reading. The appropriate committee � in this case would presumably be the Planning Commission. The Planning Commis- sion may in turn refer it to the Parks and Recreation Commission. � The Committee or the Council shall provide for a public hearing upon the ordinance, after the holding of which, the ordinance shall be finally acted upon by the Council, not later than 65 days after the date upon which it was � submitted to the Council by the City Clerk. If the Council fails to pass the proposed ordinance, or passes it in a form different than that set forth in the petition, and is unsatisfactory to the petitioners, the proposed ordinance shall be submitted by the Council to the vote of ttie electors at the next regular � municipal election; but, if the number of signers of the petition are equal to at least 15% of the total number of registered voters, the Council shall call a special election upon the measure. Such special election shall be held not less � than 30 days, nor more than 45 days from the date of final action on the ordinance by the Council after the expiration of 65 days from the date of submission to the Council. �� If a regular election is to be held within three months, the Council may sub- mit the ordinance at that election. If the Council passes the proposed ordinance with amendments and at least 4/5 af the committee o£ petitioners do not express their dissatisfaction with such amended form by a statement filed with the City Clerk within ten days of the passage thereof by the Council, the ordinance need not be submitted to the electors (Section 5.07 City Charter). �-/� CITY MANAGER AND CITY COUNCIL -2- FEBRUARY 27, 1974 It appears the longest the City Council would have for holding the special election would be 65 days, plus 45 days, or a total of 110 days from the date of receipt of the petition by the Council. It does not appear that it will be possible to vote on the question at a regular municipal election, as they are too far removed from the date of receipt of the petition by the Council. In summary, it appears the immediate action required by the Council is: Receive the petition at its March 4, 19�4 meeting. Read the proposed ordinance. Refer the ordinance to an appropriate committee. We are in the process of checking the petition and will have this completed prior to ti�e March 4th meeting. - . MCB/ms Enclosure: Section 5.04 - 5.09, City Charter � M e� � . y � `CS � u '� a, Q v O d � � w � � � V c�p , . CA� G .� ° � ' � J � � � � ,� ci rS � . � G N "' w w . t. tn : y ,�C � w n � u . .� 'D CFi � s��-. O ' :. , a ... •"�'�� C . v � � N G: U � � �p � rJ N .� +-+ CJ CJ C: ,� "' . � � :� +,' � � • • �v .0 O O � r • c. .-� . o . c, • 2} OC ��:, C'v O U . � � � � �: . � � � � � � � . � O,�.p p � � . ,� -- � . � �f � U U ,r C u ` u; 2; :� � c� :� � p N � � O��; � c'. � a� c�a� �� W � � ✓ o b N cU � �i � � � � � y . 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N 5 cS ��.-� a., O. w. a� 0+� 0� �u O++ p�n �+ �� O.O cV v� i-+ .O O V CJ F� � C 7 MEMO TO: Nasim Qureshi, City Manager MEMO FROM: Jerrold Boardman, Planning Assistant MEMO DATE: May 2, �974 RE: Review of the F'ridley Environmental Assessment of North Park by the EQC We have been placed on the Environmental Quality Council's � May 14, 1974 meeting for their review of the Fridley Environmental As�essment Statement on North Park. The meeting will be held at the State Office Building'auditorium at 9:30 A.M. Notice of this meeting will be coming in about a week, along with reports by �he Department of Natural Resources, Environmental Quality Council staff and any other agency that is submitting reviews to the Environmental Quality Council on the North Park Environmental Assessment Statement. / � `�. i ,� k',- JERROLD L. BOARDMAN JLB/de � � ' ' � ' • ' , � ' MEMO T0: OFFICE OF THE CITY MANAGER FRIDLEY, MIfJP�ESOTA MaY 6, 1974 THE HONORABLE MAYOR AND CITY COUNCIL F.ROM: CITY MANAGER ISUBJECT: NATtiRE INTERPRETIVE PROGRAM � ' � ' ' � ' � � � ' . ' � � . Attached herewith is a report prepared by Richard Sobiech, Assistant Engineer, regarding the feasibility of cooperation with Anoka County in the establishment of a nature interpretive program whieh he has prepared after talking to the Anoka County Staff. My analysis is based on the information submitted in the report. If the City is to provide a naturalist on the staff, as per previous authorization by the City Council at the meeting of March 18, 1974, he should set up a nature interpretive program to instruct the local residents of Fridley, and also act as a liaison between the City, the County and the School Districts, and make available to these residents the physical facilities, personnel and other resources of these governmental bodies. The City can thereby work with a very limited staff at a minimum cost in providing to all the citizens of Fridley a very compre- hensive nature interpretive program. In hiring an individual to meet City staffing requirements, we will keep in mind basic coordination between, not only Anoka County and the School Districts, but other governmental units, and also possibly obtaining funding from these sources for providing a good prog►^am at the local level. - If the City Council wishes to proceed with the nature inter- pretive program and hire a naturalist as previously authorized, then my recommendations are that we hire Mr. Dan Huff as a natura� list--general service coordinator for the City of Fridley. Mr. Huff's records are attached and his qualifications speak for themselves. ' Because of the new nature of this program in the City, and so many variable potentials affecting the program, the naturalist �ol^ the time being would repbrt directly to the City Manager's t HONORABLE MAYOR AND CITY COUNCIL -2� MAY 6, 1974 of'fice, with close contact and cooperation with the Park and Recreation Department. As the progr.am develops we will be coming up with additional recommendations from time to time. RECOMMENDATIONS: 1. Hire Mr. Dan Huff as a Naturalist--General Services Coordinator for the City of Fridley, with the annual salary of $15,400, effective July 1, 1974, with the salary subject to review effective January l, 1975. 2. Utilize Mr. Huff's services on a consultant basis f�om now until July 1, 1974, to allow him to get familiar with the facilities in the community, develop contacts with Anoka County and School Districts for purposes of setting up a cooperative program, give input to certain public lands for �development on those grounds, and also � to prepare a reaonsable budget for funding of the pro- gram for the last six months of this year for presentation to the City Council. NMQ/ms Attachments . � � _,8A DAN EDWARD HUFF Birth: December 7, 1943; Litt]e Rock, Arkansas � Residential History: 1967 - Present 1949 - 1967 7943 - 1949 Family: St. Paul,Minnesata Beaumont, 7exas Auburn, Alabama Wife - Betty Lynn �Ferguson) Huff � Teacher (8 years experience) Mounds View High School, New Brighton, Minnesota . Five year old daughter - Rebecca Lynn Educational Background: Ph.D. M. S. B. S. Hono rs : Wildlife, University of Minnesota, Degree granted pecember 1973. Wild7ife, iJniversity of Minnesota, Degree granted December 1970. Biology, Lamar University (Bequmont, Texas), Degree granted August, 7966. • Graduate Schoo7: Nationa7 Science Foundation Academic-Year Institute for biolagy teachers (University of Minnesota, 1967-1968), Regents Tuition Scholarship, N.S.F. Summer Stipend for Research (Special Problem at University of Minnesota Itasco Bi-oTogical Station 1971) . � Related Experience: , 9/1964-5/1967 � .11/1971-8/1972 9/1972-3/1974 � 3/1974-6/1974 9/1973-Present i � � Biology Teacher, High School Fellowship Grant, University of Minnesota Instructor & Curriculum Writer - Suburban Hennepin County Area Vocational-Technical Schools. "Environmental Technology" � University of Minnesota, Assistant Professor of Wild7ife, Teaching "Wild7ife Eco]ogy III" Consultant for National Biocentric, Inc., St. Paul, has made 3 Environmental Assessment Studies , APPQINTMENT FOR CITY COUNCIl. CONSIDERATION - MAY 6, 1974 , NAM E Dan E. Nuff 2365 Vallentine Ave. St. Paul, Minn. 55108 SALARY POSITION REPLACES $75,400 Naturaiist�� New General Services Coordinator �• EFFECTIVE DATE Ju7y 1, 1974 � � u ! � ' � REPORT REGARDING COOPERATION WITH ESTABLISHT�ENT OF PROGRAM INTRODUCTION THE FEASIBILITY OF ANOKA COUNTY IN A NATURE INTERPRETIVE 5-2-74 DUe to the in.terest shown by the City Council of the City of Fridley�in establishing a Nature Interpretive Program for the Fridley residents, ihe City Administration has investigated the nature interpretive resources available within Anoka County to determine the feasibility of a cooperative effort between the City and Anoka County, to develop such a�rogram. At the present time Anoka County Parks Department and Anoka County Extension Service are the departments which would be most invol��ed in a Comprehensive Nature Program at the County level. ANOKA COUNTY PARKS DEPARTMENT .� � The Anoka County Parks Department is responsible for the acquisi�tion, operatzon and maintenance of park lands and build- ings. At the present time the Parks Department has twelve parks � and preserves designated for recreational use by Anoka County residents. Out of the twelve parks and pxeserves, Bunker . Prairie Park (see Attachment A) located west of T.H. #65 and � north of T.H. 242 is the largest area presently owned by the County and has sizable area available for a Natuxe Interpretive Program. The remaining parks do not consist of a large eriough area to func�tion both for recreational use and for a comprehensive � nature program; however, these areas could possibly function as self instruction areas. � ' i � i r � Due to the interest shown by County residents in nature studies, the County Park Department has taken the initiative to try to provide the necessary lands and buildings which would lend themselves to the development of Nature Interpretive Programs. It is planned to designate a portion of the Chain of Lakes area, located in Lino Lakes, as a major nature study area with Bunker Prairie Park as a minor natura study area. Both areas are anticipated to become training grounds for individuals who would then instruct County residents on a local level. The Lino Lakes Chain of Lakes proposal (see Attachments A� B) consists of 2500 acres of which 745 acres will be designated for nature studies. The activities area for nature interpretation will result in development of 25 of the 745 acres with the remaining acreage to be�left in a natural state. To date approximately $1,000,000 has been spent to acquire land for the Chain of Lakes proposal. The Parks Department has submitted further rec{uests to the appropriate govern- mental agencies for $2,500,000 for the remaining land acqui- sition and $2,000,000 for development purposes. Tt is anti- cipated that land acquisi�ion would be completed by the end of 1975 with development starting in Spring of 1975. � �� 1 � � � � � � � � Nature Interpretive Program Report Page 2 Bunker Prairie Park (see Attachment A F� C) consists of 1600 acres of which approximately 400 acres are marsh lands with another appxoximately 400 acres of woods. This area �ill further develop into a nature study center with the construction of the proposed Youth Activities Building. Programs existing at the park consist of family ca.mping, group camping, picnicking, trail systems for hiking and horse- back riding and the conservation area which is used for nature studies. ANOKA COUNTY,EXTENSION SERVICE The program coordinator for Anoka County is the Anoka County Extension Service. Programs currently in exister�ce through the Extension Service relate to 4-H, food and nutrition, homemaking, horticulture and agricultural counseling. At the present time there are no specific programs relating to nature interpretation; however, when rec{uested the Extension Service h�s provided individuals to guide a group through Anoka County's facilities in a nature interpretation e�xperience. Program coordination for a comprehensive nature studies program would be a function of the Extensian Service. Pre- sently their staff consists of fourteen permanent employees whose various positions range from technicians to professionals wiih major fields of interest in biology, horticulture, ento- mology and forestry and wild life management. Also, additional educational and experience resources from the University of Minneosta are available ihrough the Extension Service offices. It is apparent that no specific nature studies programs have been initiated to date because public intexest has not warranted the funding and staffing of comprehensive programs. As public interest increases, the Extension Service will pro- vide the personnel and facilities and apply for appropriate funding toward establishment of nature interpretive programs. � Funding of the Extension Service is quite complex de- � pending upon various grants and program funding. At times the University of Minnesota, the Federal Govexnment, State Government and County contribute funds to the Extension Ser- � [� � , � vice. Potential funding for nature progxams would rec{uire review in order to take advantage of available�sources. Constructian of the proposed �outh Activities Btzilding will be a distinct advantage to the establishmerit of a nature interpretive program. Upon completion of the building it is planned.for the Extenszon Service to b�e relocated and housed in the building. With offices in the Youth Activities Building, the Extension Service wou�d like to iunction as a training center for naturalists located at the local level. After appropriate training with the Extension Service, the natural- ists would instruct local residents in nature interpretation and coordinate use of Anoka County and local facilities in specific programs. C1N � - � � $F Nature Interpretive Program Report Page 3 � � � � � , C� � � The Extension Service indicated that nature interpretation should be a total experience relating nature to the existing environment. Therefore, it is felt that any number of local and County park sites could be included in nature programs. ANOKA COUNTY LANDS AVAILABLE FOR NATURE INTERPRETIVE PROGRAMS Land resources available within Anoka County for nature interpretive programs in addition to the Bunker Prairie Park site and the Lino Lakes Chain of Lakes are as follows: 1. Carlos Avery Wildlife Management Area - Under the jurisdiction of'the State of Minnesota consists of approximately 22,750 acres of public lands which are mainly woods and marsh lands in the natural state. 2. Locke Park - City of Fridley - Consisting of approxi- mately 104 acres programmed for picnicking and other recreational uses. 3. Cedar Creek - An area devoted for intensive study of nature programs. It is mainly experimental and related to the University of Minnesota Science Program. It can be made available to local municipalities who might be interested in a more scientific nature inter- pretive program. 4. Islands of Peace - City of Fridley F Islands of � Peace Foundation - Ultimate proposal to consist of approximately 60 acres. � � , � iJ � i S. Rice Creek Park - City of Fridley - Consists of approximately 27 acres. ACTIVITIES BUILDING AT BUNKER PRAIRIE PARK The Youth Activities Building at Bunker Prairie Park was initiated approximately four years ago, and designed to house program activities for use by all Anoka County residents. The Youth Activities Building was not planned as a substitute for local municipal activities, but in addition to municipal pro- grams . At this time the preliminary plans have been prepared� which indicate the building will include bunking facilities, dining room and kitchen facilities, classrooms, meeting rooms, a greenhouse and two outdoor nature observatory ciecks as auxiliary buildings to the Activities Center. It is planned that the Youth Activities Building will be used in cooperation with the local municipalities within Anoka County. It is hoped that these municipalities will provi.de suggestions and work with the staff of the Youth Activities Building, in providing the required programs. Activities Building will be staffed by I . $�. Nature Interpretive Program Report Page 4 � � � , �� , � � � � � II � � � L.! � � the Anoka County Extension Service, who have the educational and experience background xequired for nature and other pro- grams. The Activities Center is not intended to be a full- fledged nature interpretive center, but is planned to function as a training center for local nature interpretive educators. �Construction of the building is anticipated to start June, 1974 with completion in Spring of 1975. S UMMA RY From the investigation it is apparent that Anoka County has resources available or has initiated acquisition of addi- tional facilities towards the establishment of a Comprehensive Nature Pragram. The City of Fridley presently constitutes about 4 of the total tax valuation of Anoka County,�so for each dollar taxed by Anoka County the City residents are con- tributing about twer�ty-fzve cents. Because of this, the City of Fridley and its residents should make usE of the facilities provided by Anoka County. Many of the available land resources are within a short distance of Fridley, and some are within the City limi�s. It is.anticipated that the.use of the facilities by Fridley residents and all other Anoka County residents is rec{uired in order to have a successful riature interpretive effort. CONCLUSION Investigation into the availability of Anoka County re- sources has led to three alternatives which the City of Fridley should consider: 1. Anoka County Program Only - Inquiries from Fridley residents regarding nature studies and interpretation programs would be dixected to Anoka County with the Gity not becoming involved. 2. City of Fridley Pxogram Only - The City would provide an independent program with a naturalist and additional staff to direct the nature interpretive program. All studies and programs would be financed through Ci�y funds. 3. Cooperative Program Between Anoka County and the City af Fx�dley - � The City would provide a naturalist who would instruct 1oca1 residents and act as a liaison between the Ci�y and the.County. No additional staffing would be utilized; all programs would make use of the staff and facilities available through Anoka County. The Fridley Naturalist would coordinate local programs with County help and direct interested parties to Anoka County nature areas or other Metropolitan nature facilities. � Nature Interpretive Program Report Page 5 $ H With the adoption of a specific program, as outlined above, the City of Fridley can proceed with a course of action which will. prouide a comprehensive nature interpretive program '.for its residents. 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C°G-"C—C"'C ..... .�,...,,.o. ..�,> .., � / G"'�� ..� � k� �� '�' �� Trails 8-L ..,� , r :- w-, .� r� .... . . . . _ .,... ,. < _ . _ . 4. � ,...s,.� t a ...., . . _ .. F:.e ��. ... .,<w��..., .. . t . J'' F. .� ,T.,'f" !.T-, ! _' . :,: .;; :�J��7:'"" '�; : � ; �._..� _-------_,_.�.._ �.�:itth� '�p x:i�C"�:�G, �>XC^r?t o;1 .; -1'r.e. � iYeel�. t�n Ri.cht . F . ;'. � +Park �only �_n Lc;�. by C Rc�ad � r'; . ' .:Locr: your_ ca:r-. � `� �� ';�:ot:e n,:-}c Clc� �inc:: .(:�0 . �U ��i-,� ;. 1 . " Cc.LS �1�1.�� E' LC�:E�.1. � - , :�:�t.d.�� oiz a'�-�.ii.�.: - �m_�nv se�c��iz:�, { ;; p1.un�.�c�. • 1�..!t. . • � . :Z�:i�'_��`i�:�3i;�� — 2•`_15;1SE� O� ?-}�;''.: C:.i: t r-:u�.,:� r.7.o��._ ... nark Bouncl�r5� `.. . � . ..: _... _.y..,_. . ...._ _ _:�< , _. _._ , ._� `_. x_.. . 'i�l'.'�C��f� �'1`c1�_ 1T1 SL1iTli:��t � �?1C;�'i�itvlJ� .I.G' 1'1=<zll 1I7 ?'11;2��r'. Go�:� COL7:CSC� . Paxki3�c; A�°ea � 7IZe-L��i �i Sani-�ai-�- F3ui.l�d:�r�gs T�b.les « Grills Locu��.az� Playgrottnc� Armv T�:r?k Yoiith Cel:ter (Frop�sed) �..:la�s SC.c��1.@S . - ��- [n= " C:o 1�(7czC� 1C�.E'I2ti�1Cc�7..0i�. � �P� � Archer�� }3uilding ( � ) F'arnily Ca7npir_q �rea. �.:.J �(A�pr'oXZm�tn} 2G 5:?.tcC (13 io�� Tents, 13 i�o� Carrroers & Tr�.i:l.ersj Each Site contains: Picnic Table, Ston� Fixe�lacer �nc� T:L�:�sl� Con-��iner • There is a Sarzit�r.y }3u�_�idi.nq ilz th� c�nter of th� F'amiltT Car:�ning F,rea. It h�s i 1us}z Toilei,s & Runninq �aater. Rate : $2 . C�0 per c�ay - 3 c��.y limi�t� �� Group Cam�it�g Ar_ea Permit R�quircd - Cal1 Aiioka County Couxt Housn - 421-4760 Fire Ringss Ext. 220 or 221 tc� obtain Permit.• �"� $25.QQ deposit is requir.cd for key to area. I� is r_eturned ti�hen you leav�. Fee is ?.5� p�r night per ner_san for use of facilit�ies. Tliere are 7 in the group camping area for. c�r.ound fires. Re�troams & Parking Lot are located in area. ', � Na Cutting down of trees allaw�d - alive or dead. No v�hir.l�s a1loti�ed in cantpii�g area. No fires on ground �:n ;i � fire riizgs on1y. � . �� , � � � � i� MINUTES OF TNE REGULAR PARKS AND RECf�EATION COMMISSION MEETING, APRIL �, 1974.' Meeting was called ta order at 7:35 p.m., by Chairman B1air. MEMi3ERS PFt�SII�T: Blair, Peterson, Caldwell, Harris. �MF��ISF�2S F�CUSED: Wagar . OTHERS PRESENT: �Ken Sporre, 301 Ironton Street NE, 55432, 786-4237. Jim West, Planning Departrnent. ', J�xry Boarc�nan, Planning Departrnent. - Paul Brown, Dixector of Parks & Recreation. Cathie Stordahl, Secret�.y to the Co�nisszon. ALE OF SWANSON TERRACE LOTS� �� Mr. Ken Sporre was again present at the meeting on behalf of Nlrs. Florence E. S�vanson, 3245 Arthur St�reet NE, Fridley, who is the ou�ner of Lots 3, 4, and 5, Block l, S�,,ranson Terrace Addition, located in Fridley on the north end of Ruth Ci.rcle Park. , There was scxne general discussion on the memorandum frcxn Paul Brown, dated Apzil 12, 1974, r�garding the taxes to be paid in 1974, and the balance of 5pecial Assessnents owing on the propexiy. Tt had been previously determined. that the City was only interested in purchas�ng lats 4& 5, and not lot 3. In addition to the purchase price for these two lots, there is an estimated $2,700.00 owing in Special Assessments, aftex the 1974 taxes are paid. Included in this amount is a$2,154.68 pending sewer lateral assessment. Mr. Harris asked if it wasn't the nom�al procedure for the seller to pay the taxes for the current year? Mr. Brawn stated that this is nornlally true, unless speczal ar�angements are made. � Mr. Harris stated that he would like to see the City purchase these two lots. � titUTIUN b Kc�vc.i�s, Seeanded 6 Pe�e�c�san, �ta tceeammeKd �F�a.t �ke C-i�ty Caune.i.� evzieh .�n�a avc a neeme.�t .�a wce2a�,e La� 4& 5, B�ae 1, Swar�a;2 Tejvc.aee A av�, tin �ie arnvu��,t ' a� 6, 700. 00 �o.�a,2 ca�� o}r. �lie �cv� .�_a�, w.{:�h �he �se,�keh. �a pu� a.e.e �cz.xe� a�c S�ec.i.u,e As�e�s�smer�s a� neec,n an pencLc.ng. T e hf��;c.an catvcti� INUTES OF THE MARCH �. 1974 M��Tirv�: tit�T7�N by Ncvvc-ic�, Seeanded 6y Pe.i�c�svv�, �a appnvve �he M.i,ne.�ie�s a� �he Pcvch�s and �. Reehea�an Can�n�,i,�h�.�n Mee.ti,ng, da,ted Mcui.ch 2�, 1474. The Aia�.i.�n ecvvr.i.ed. �OODCO PROPERTY REVIEW: � , The Cr.�miissioners askEd for an update on the possible donation of park property withi.n the Goodco p�at. Mr. Bro�,m said that the easterly portion of the plat has been approved, but the western portion is stil� tiad. up legally. The approved portion does not include the culdesac. �• . �OMPREHENSIVE PLAN� � •Jim ti�est was present on behalf of the Planning Department, to revi�w the changes which have b�en made in the Parks and Recreation Cc�nprehensive Plan, as requested by the Ccxrmiission. � One of the revisions r estec3 was to deerease the amaunt of cov eCN erage within the P1an for the bicycle trails, and to expand on the areas concerning the population versus � � 1 Minutes of the April 22, 1974 Ccsru�nissian Meeting. p�ge 2 COh1PRENENSIVE PLAN iCON'T): � acreage and vaids in recreation. Accordi.n to Mr. West with these r ested 9 , equ revisions c�rip�.etc�3, they didn't include the blrack by bl.ack costs an�l. it s��ns to � l� mare in keeping with what was discussed at that time. The maps which are presently included in the P1an, deal pra.marily with the continuous routes which incorporates the sidewalks with the proposed bi,ke routes. The trails syste� can � be as camplex or as s.imple as we want it to be. � � � � � � New Brighton is doi.nq a trail st-udy at this time, Coon Rapids has a3ready done a trail study, and Minneagolis, Brc�oklyn Cent�r, & Brooklyn �ark have just passed theis txail studies through their respective Councils. L�hat we would like to do is connect our sys��n with the othex syst�s in the Metrapal.ztan area.. Columbia Heights is still in the drawing board stages. Mr. Harris asked if these trails were on priv�te property, or if they w�.re on pi�bl.ic eas�nent or right of way? Mr. West responded that the trails along the Burlington Northern.property would be buil� on sewer eas�nents, but that t:he ones along the Mississippz. River would have to be built on private lands. N'�r. West went ori to explain that this stage could be delayed, if we have to i.nvo3.ve acquisition. ., Mr. Harris asked if there wauld be acquisition involv�l with the trails along Rice Creek? Mr. West said that� the trails wauldn`t go an pri.vate property here. The City has obtained eas�nents whexe they are needed, but there shouldn't be any acquisition. They wauld b� using the publi.c access to the Greek, and would have access to the culdesac by the chiarch for the crossing at University Avenue. Frcan the culd.esac, they c,�u1d go back up to the Sears property, over to Pl.aza Park, and an to Ipcke T.�ake Park. It is the plan to utilize the park lands, as much as possible. � The Ccqrnnission asked about the posszbility of the installation of a stop light at 69th Avenue. Mr. West stated that this was not li.kely because of the S�kate Highway Department's objections. , - � The church is plar�ninq to build on an additi.on, and is willing to give the City an eas�nent. . � Mr. Harris and Mr. Peterson both asked abaut the possibility of taking t..Y�.e systc�n up ta'73rd Avenue where bi.kers could cross at a controlled intersection, rath�x than through the cul.desac? ,7erry Br>ardman, alsa fran the Planning Department, said � that i.t was their plan ta stay as clos� to Rice Creek as pc�ssible. Mr. West said that they took each park and attempted to locate the vegetation and � existzng park facilities through the use of the aireal phatographs. The maps show the existing facilities. They don't show what is planned within the Canprehensive P1an, but rath�r what we aLr�ady have. . . � � , � Mx�. Blair asked if the proposed Tree C3rdinance will affect the Comprehensive Plan? Mr. West said that th�xe are several interpretations of the proposed Tree Ordinance and just how they will aifect the Czty. Mr. West went on to explain that one af the ar�as whex-e it would definitely have a bearing would be within the North Innsbruck develo�tent. Tl�ere is �tensive tree cover and develapment of th� park property in North Innsbruck wnuld be very difticult, if not .impossi.ble. Mr. West stated that within th� revised C:c�nprehensive Plan, they have included the attendance participation analysis figures for the ].ast 10 years. Minutes of the April 22, 1974 Canenission Meeting. Page 3 , - . . � PR H NS I V� PI AN �COiV � T) : , One af the suggested revisions was to incoxporate a swirraning pool into the Plan, but this would cost more than the Department is normally included within the Departsnent Budge� for capital improvements. Since thzs is the case, the Plan also ' includes a portion which lists just such major zmprovements for future budgets or possible bonding. , Mr. Har.ris thought the Plan should show which neighborhoods nec-�i what type of facilities. Mr. West �greed that this would be ideal to have a users survey, but this �,ras impossible due to the Iack of time. G�7here there is a need within a � � certain area has been established through this Plan. Nk�re d�fi.ail could be incorporated in future. � Mr. West indicated a possibility of getting scane University of Minnesota students to c� out and do a survey of population versus acreage and recreational facilities. Mr. Peterson felt th�s was a very good idea. , Mr. Blair said that Mr. Brown should research these possi.bilities and report back to the Comnission. '. Nlrs.. Caldwell said that she would like to 3rnaw why people aren't going to the parks. A suzvey, such as the type we could investigate through th� University, could give us this type of information. Mr. West said that a phone survey was also possible. � � , � ' � MUTTON by �e.te�san, Sec�nded by Ca,2dwe,��, �a ea?.e a�spec.i.a,2 mee,�.ng �a c�C;�s.cc.us� �he .i,n�vrtmcc�',i,an ava,t�.a.b.�e �vn cvc.6an cvn� �swc.vey�, ban adcf,i�.i,ona2 �.n{�ah.ma�.un 5an .�he Cam�neGce�vs�.ve P.�an. The Ma�.t.nn cajuc,i,ed. Mr. Boardman ask� the Go�rnnissioners to accept the Comprehensive Plan, incorporating the bicycle plan in the sidewalk plan to ga either to the Planning Cc�r¢nission or the City Council, and if necessary, to have a publzc hearing. Mr. Harris thought that a C�pr�.hensive Plan should also include project costs.. The Cananissioners said that they had already decided that costs should not be invalved. Mr. Brown stated that without surveys, we can°t determine whether or not we are providing the type of parks and recreational facilities that the reszdents want. Mr. Boarc��n said that we need to establish pr?orities. Mr. Harris felt the Plan should be changed to show general monies, rather than specifics. 6t�TIUN by Natvc,i�, Secvvlded �5�.ve P.�an c� .i.t cua�, n�� m�yue�s ��,`� cvicea.s, w.i�th, an , a�te:�cnu.�u.«c, a 5-ueatc deve,e �f2Ud � IpUNATIONS: �1 CCtlil(.(. Pe,tetc�san, .�o aee w�i ih chav�a e�s a�2 �c U�UW LUtit ,tGce Panh�s av�d Re�7ea�.vn Cc,m ��.eh p -- 'd.i.�i.�vv� �a �,KC.�ude �i�r,2y � t2� -tn�a�nct�ioii an �scvcvey pv��.b,i.f.f.t p�7,CU1L(.��(.Pl� CU� L �Xj`JeYl �4Ih.21� �G%L �7 � � Mr. Brown ask�d the Ca�tissioners to make a recomnendation to the Department regardin.g the prccedure he should follow in requesting donations from Civic groups. I-ie stated that there was money avai�able frcan the Fridley V.F.W. and the Fridley L�ions Club. ' � ,tlUTI�N by Pe,ieluson, Seca�lded �y f�afvc.v�, �a au�hvn,i.ze i'acce &cacun, a.s D.vr.ec�atr. a� Pahh,� and Reenecc,�on, �v wtc,t.�e .��tt�c�s an beha.Qs os �he Cv►nm-i��s�.on, �a �.nv,i.�e ne�ne�serLta�,i.ve�s o� �h2 �n,td2ey V. F.�►. and �d�e Fn,i.d.�e1 t�.a��s, �a be �ane�sen.t a-t a mee�i.nc� o� �he Camm.i�,�s�.o�i, �,ri �sut�pofc.i ob �tcagnam� vn, po�s�tib.2e ciuna;t,i.orvs. The Ma�'.i.on ca�vc.c;.ed. .� Minutes of the April 22, 1974 Cc�mission Meeting. Page 4 �9 C TREE ORDINANCE: � � �Mr. Blair re rted that co ies of the new Tree Ordinance which has been ro sed Po P P Po by the City Planning Corc�nission, has been forwarded to the originators of the , first proposed Tree Ordinance. There are no new developments to be reported at this time. � EI ECTION OF A VICE CHAIRMAN; �� Mr. Blair asked for naninations for the vacant position of Vice Chairman. Mr. Harris ' naminated Rpbext Peterson for the position. The nominations were closed. .� ti�vrzvN a� e ' OURNMENT� ADJ Hajvr,t� , S eco nded 6y Ca2dwe,2e, �a e,2ee.t Ra b e�c.,t Pe,tetus o�. cus V�.ee Cha,vr.man d2ey Pcuc a�.d Reefcect�c:.aK Cvmm,il,�s�,an. T ie l�fa�,c:.an ecuvu,e . � ' MOTTUN 6y Pe�etc�sav�, Secvnded 6y Ca.edw�, �a ad�aevt,n �he mee,t.i.ng a.t ]0:45 p.m. The next regular meeting will be held on Nionday, May 20, 197'4, at 7:30 p.m., i.n the ' Ccgt�nunity Rocxn of Fridley Civic Center. Please note that the'meeting will be held on.the_3rd Mqnday of the month due to the Memorial Day Holiday. ' Res tfully sukniitted, � • �� CATHTE STORDAHI,, Secretary to the Cananission � � � 0 ' 0 0 � ' • I ' ' . � ' ' � ' CI � • ' ' ' 10 MEMO TO: MEMO FROM: MEMO DATE: Nasim Qureshi, City Manager Jerrold Boardman, Planning Assistant May 1, 1974 � RE: Parks & Recreation Comprehensive Plan The Parks and Recreation Comprehensive Plan was formulated. to assist future decisions about providing recreation for the peopl.e of Fridiey. In the Goal.s section, the Plan outlines the role that recreation plays, In the Objecti�res section, i,t sum- marizes how the Plan assists in i.nlplementing the Goals of recre-- ation. • . . The Plars inc�.udes specific standards or guidel.in�s obtained from national and state recreation authorities to evaluate present and guide future recxeatian needs. � In order to pZan recreat�.on services, the �xisting conditions affecting recreation use are inventor�.ed; a pra�ec�ion of f.utuxe conditions is made, and the results are anaZyzed and planning implications are made. The Plan is concerned wa_th the amount and location of parks, th� access to xecr�at�.an ar_e�s and the provision of faciZities in these areas. The population characteristics, natural characteristics, tra�fic circulation and the recreational faca.lities and p;:ograms are al]. studied and analyzed to aid decision making. . . Suggestians were made rega�uing acqu�,sition, accessability and development of recreation areas. A recommer�dation was mad.e that to most e�fectively plan ir:� development of each site, a study o� usage and effectiveness of each site, with the recreation desires of a cross section o� aIl potential park usPrs should be obtained. Then, aAUpled with the in�ormatian alrEady included in �he Plan, the deveiopment recoznm�ndations can be made. Tn the inztial�stages of the Plan, it was fel� that this s�udy could be ddne at a later date when funds and manpower were available and could be added as an addendum to this Plan.. . Outline of Plan Formulation Schedule (or Histoxy) . • Throughout the summer of 1973 the first draft of the Plan was worked on. Three mee�ings wer� held with staff and Parks & Recreation Commission members to discuss progress on the Plan. One public foxum was held,to salicit public sugge�tions but was poorly attended. . On Sepf.ember24, I973 the �lan draft was submitted to the Parks & Recreation Commissio�. The Commissioners felt the Plan described the voids in the present park arid recreation system and told cahat the n�eds were in the various areas of the City and�suggested that the bike route and walkway proposal be placed secondary to other recreation. The P1.an was accep�ed and referr�d to the Planning Commission for review and comme n t . - � � � � � ' � � _I i 'J � L� � Memo to Nasim Qureshi trom JerroZd Boardman Re; Parks & Recreation Comprehensive P1an May 1, 19 74 Page 2 �10 q The Planning Commission reviewed the P1an on October 3, 1973. Th Conunission members feZt that the Plan adequately discussed park areas but needed more information on recreation programs and £aciliti.es and sugges�ed �hat the implications of a bzke route wa�kway system through� out the City.be reconsidered. - November 29, ].973 the Parks & Recreation Commission revzewed the Plan and di,scussed changes. To be included would be maps of the recreations at parks and school gr�unds showing existing facilities, an inventory of the programs offered in tha last ten years, expanded discusszon of each neighborhood describzng the population,, charae-ter- istics and exa.sting recreation servic�, and projected changes i.n -�he neighborhood. cY�aracteristics. Fr�m thzs information a.t was de-�ermined� where there was a.shortage of recreation areas and what the capabi],itzE for deve].opment are and what the imp].icati.ons of the �uture charact-- istics are for planning recreation apporfiunities. On April 22, I974, the f�.nal dra�t was presented to the Parks & Recreation Co�nmissa:on and wasapproved with the fallawing suggestions: 1. The Commassion recomraez�ds an addpndum fo�.3.aw ihe plan to include recommEndations for development of facilit�.es in the parks and suggested pr�.ority of expenditures,- as the pertinent znformation becomes available. To Pr.ovide.th'is intormation, the Parks & Recr�ation Commissian recommends a survey of park and recreation usage. This survey could detexmine how often parks are used, what they are used for, and who uses them. Also impar-�ant to deterrnine future recreafi.ion s�rvi�c�, the survey wi].1 so�icit suggestions fram Fridley residents as to what recreatianal service they would like to have that a.s not now off;ered. 2. The Comanission Yecommends that the itemiza�.ion o� suggested expenditure far the Five-Year Capital Improvement.Plan be �•.►eliminated, retaining the majar headingsf Acquisition, � Development, Landscaping and Lighting and suggested expendi- tures. This itemized planned expenditure infazmation wilJ_ follow pending the survey re�erred to in Point 1, abovs. JLB/de � � � �-1. � i � I � { � � Y �� 6�� }�:`� �. ��%., �.; �' `��}y ti � ` t � �� IiY OF FRIDI�EY 6431 University Avenue N,E, Fxidley, Minnesota 55432 PACIL �iRUWN, �,iJcec�a�. Phpne; S6Q-34S0 X64 M�MORANDt1�1 T�?; Citp Mapager �� May 2� 197k �' �T � Paxchase of Park Iand on Ruth C3xcle FR� � Paul Br�wn� l}irector � Deax� City Manager, I hav� attached a letter from City Assess�r wi.th details oq taxes and assessment,s for Lots l� & 5, Swanson Terrace �ddition. Yo�. asked for justificat3.on for this purchase of property? • . � 1. The addi�iona2 land is needed for ftiiture construetion af park facil3ties such as: a. Tennis Court b. Basifletball Court c. Off Street Parking lot. 2. �e funding will come £rom our 197It �.�get. Monies expended to dat.e have beeh for the Goodco Property aad the Urbick Property. 3. The Commission authorized in their mit�utea an expenditure of $6,700.Q0 with the seller to pay all assessments and taxes to date. I am requesting that this item be plsced on the Ca.ty CounciZ agenda for May 6, 197t�. I will be glad to furnish any additioqal infarm�tion that you may need. R spect ly submitted� � - ,% �ti�� Enc7. """ PB UL BRtxdN, irec tor cc : Parics and Recreatioc� Cammission ' • . i � � Memo To: From: Subject: Date: Parks and Recreatian City Assessor Swanson Terrace Addition Apr�l 26, 1974 i"he two lots 7h question are Lots 4 and 5. 1 ot 4 has been . assessed for water, sewer., and street. Lot 5 has not been assessed for water ar�d sewer lateral, therefore a connection charge o-F $2,154.68 would be due at the time a permit far construction of a building is taken. This would change according to cost increases ar decreases over the ensuing years. If the Park Board would never build on Lot 5 this cost would never be charged to them 6ut should it someday be soid for someone to bui1d, the cost at that t�me w�ouid be assessed whenever a building permit would be is�ued. Therefore, the costs a.t this time would be as follows: 1974 Taxes 1974 Specia]s Payment Total on Tax Staiement 6alance of Assessments 7ota1 Tax Bill & Specials to be paid up • Lot 4 $ 64.32 ii3.32 *_177,64 $ 539.32 � 716.96 Lot 5 $ 6i.86 48.54 � 110.40 $ 164.06 $ 274.46 llA Pending Assessments to be paid only i-f structure is bui7t---$2,154.68* *This charge changes from year to year depending on when structure will be built. n � � �J � �. � � � �: �,.: t��;:� �k -4;� :9 n �-„ .�� i4� � %: - - �- �� : MEMoRANDUM CITY OF FRIDLEY 64�1 University Avenue N.E, Fxzdley, Minnesota 55432 PAl�(. BRUWN, D-v�.ec.tan Phone; S6A-3450 X64 T�J, City Manager DAT�; �g 3: 197�t SU��T� Land Budget Recap -�.97l� FROM; Paul Bro�rn� Director c/o Ruth Cirwle Land Purchase Dear City Manao�r� Please be adv3.sed of the folZowin� budget information or Land Priority listin�s: a. 1974 �and Budget � $z5, 6lc�?.98 �� 1971t Land Monies Spent Goodco Property �8,756.00 Urbic k Property 2 59�t. 72 11�3 0.72 �nds reamait�i.ng for Land P�zrchase in 197l� � $ 1�, 296.26 � b. Otzr 1974 �dget reflects no speciiic praority listings. The Comrnission outlined in the past that they were in aeed of park land in neighborhood #�27 as noted �.n Park and Recrea�ti.on �omprehensivB Plan. �Pa�e A-1) • This same comprehensiv�e plan shows ou�lined interest in land fbr Mini, Parks in Neighborhood. #1 and #{2, page 31. � It alsa shows interest in land aquisition for Trail System and Riverview � Heights Property. To date this is what has been seZected as priority in respect to purehase � af parl� lands withip Fridley. spect lIy submitted� � ' PB , ' �L� -,.--ti.___. PAUL BROWN, Director �. � M � � ' ' � ' � llC 11D ;I� . . . . I� � � � . � � � � �,J EJ � � i MEMO T0: MEMO FROM: DATE: SUBJECT: Nasim M. Qureshi, City Manager Richard N. Sobiech, Assistant Engineer May 2, 1974 Preliminary Report Regarding rhe Second Stage Sidewalk Program Concept . Attached for your consideration is the concept plan for the Second Stage Sidewalk Program for the City of Fridley. This program concept is.a preliminary report indicating a proposed direction to proceed with the City.of Fridley`s sidewalk program. The location of the routes noted on the map are not final locations, but proposed routes established for discussion purposes. The Engineering Department has worked with the Parks Department through their Comprehensive Parks Plan and the City Schaol Districts in developing the Sidewalk Program Concept. After a review of the map and proposed locations for the � bikeways and walkways, it wi11 become apparent that this pre- liminary report is a libexal view of the next phase of the sidewalk program. Final routes will be selected on the basis 1 of the desires of the public, available funding, feasibility of construciion and acceptibility of future maintenance. 1 The Sidewalk Program Concept basically consists of bike- ways and pedestrian walkways incorporated into the Comprehen- sive Parks Plan, sidewalk routes selected by the School Dis- tricts to provide protected areas for transfer of students � from home to school; an�. sidewalk routes recommended by the Engineering Department to provide protected areas for transfer � of residents from residential areas to commercial areas, � residential areas to park areas, and commexcial areas to com- mercial areas. The bikeways and pedestrian walkways of the Parks Depart- ' ment are anticipated to consist of paved trailways for both bike and pedestrians, to link City residents to all recre- ational facilities within the City. The School District and � Engineering Department proposals are anticipated to provide sidewalks mainly for pedestrian use. r � ' � By cooperating with the Parks Department and the School Districts, it is felt that we now have an ultimate sidewalk proposal which will provide protected areas linking various parts of the City to all Fridley residents. � Memo to City A4anager Re: Sidewalk Program Ma.y 2, 19 7 4 Page 2 It is recommended that the Sidewalk Program Concept be reviewed by the City Council so that direction can be given to the City Administration for a iuture course of action in the implementation of a sidewalk program of this nature. RivS/jm Attachment �A . . . !� . II � . � ��p,_. � ' 1� ' �7]• OF FR�OL�. � a� � ' J4 B . 1.^ ^�,�: "_ ' ' I . 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D ' � � � �� _ � � �,�.� - _ _ -L,�-� � D 1 � S e � i y __y �i � . . , � � �� l,� . '� . �� = i �� ,_� � .. � - - �� _ : �,, , , . . .� _. �� . , a� � � �-� � r � ; • � a�c�.°�-� .I ��' I t� � �, � y 4 r y �� , � � n � /� ,,� � �i/\� � �if E ...� x � y S �.�' �-- � V � � �. �; � _ � � _ .: �� : � � d ,.> � �,.� { / t l� �� .� � �� .� �'.`t, °� _ . . . c � � � L , � 1 � s '' � • � i � a _� r,.r- 1,_� � i � mo � �'_� � �a►�• �,t1 �� . � �" '` '';�:-- ,! _ `"j-�`, • � ��a � ,�gt *�" �ME�� i ��',�""'?��3f��J.# � . '� � � � 3�- �C.,i�i�)F .,��,,, °,D'r . �� a � � � _ � �� ;— � � ! �f ��;�� i1, I i_ a�. s � � �� 4 i'=- ```=�y 1�� _�� i ��'it � jt �a i a i i �I ALT. F� I ,t-�� '� _� , , � � ; r__ , , r , _ �' � � � - � � a � �. : t r.; $-a -� _ �� , I —�) �� ...� d � i , - a �� -'��'1 p � ,�y � y � �� .,_ 9 � � �S'� xef�^�_�FF��'ii"�'3 � � � � �, �?'". � `y "1+ y,a�, ��r'��3��L� '� � ��_'�I — ' � :�,. . � , - ._ 1 1�J��', � .1 ..�i+ _'�!�� O^[ //t�FF', ��.i .�-�J "° �° 1 (gt) � ' � I � - ro , I �� - � ' �i_�_ r�,.. �LL i� T � .� e... � 6 , - ` � t � � � �r�.. � �� _,� . I ; , � �. � �'` l� i i� I�°�' �!+� m y—� i� r`°�� j� / �� ,� 4.�i:L.�� r �� , � ��.1 /� .?_ j �! ��, _ � i� tr � ; i -� �� i / I �'"_" ..-.�-++, -r ;i' r� ',>� _ _ ` 11 ! 1 � �. � , � �� `� w � � --F- r- , �_ �1`-� � � ALT. FQR B __ .� �1� -- - _ Iy _ � , � � ,-��-. - � � �� , ,,�; _ - � ---`% ., ti �- .r � I � x � � � � `�... � ' ' � � � � � �� `T` � ,�.: • � � . ' j r �`�/''I I .� �._ ��1 ` � f'' _ � �°�`�.-� �� '.._� �. ' . j �_- 1 j.' .? ' fK � . � � � � T' � - �� .�r a 7� �."r . .. � E / r _ I �I�i .i � r !'-1 �` � �( �'` ..t�� ' � . . � � - .. - , ' . I �q � �•-- s i� T. ��`c I � "�I " _`� �V � �? i ' � d�_—_.-�c_.. 7i � ��='-- �I Ji . r � �;�t��,,:__=/1 ��-iU�� '.....,� . . � � , . 3 � i,,� _- ` ^�j ^ ' � j � ��\� � ' ��' � '� �� Exisiin Sidewalks _�"�--- f ' � �� g , , ��, ,,� : � �� ;T�� _ � '� `� '�� ' Pro osed Bikeiaa s ancl 1Valk�va s � � i � -, �L Tt� _ """"' � Y Y -��.- � , � � =_.��:� � �_ . . t' 1 � �\ w s�s Proposed Side�tilall:s by Engiiieering Dept. . '�,Y1�� i�; (not included by the tJalktvay Program) . K ♦ Q I ._T,.r�--/f�i!'�`k� . � ='°'t i p �� ' �u Sidewalks Requested by School Districts . • a ;l' t��;�: �� . , , ,.; _E ; _�,�.-';�---c�i �, � i r--- °i . • , .',�` i_ _ � 1(('' � , i . (1','' .. .. _ L� � ^� ..� - ' - � V' ' 1 . .. , �_ _ J . � ! ._ __ _ ,�.«.. � i � � � � � _ _ .�,._ � � s . .-` '', ' • � . . I � � � �_ �_J � � � LJ � � � � , � � � � ' MEMO T0: MEMO FROM: DATE: . SUBJECT. Nasim M. Qureshi, City Manager Richard N. Sobiech, Assistant Engineer May 2, 1974 . . ReQuest for Approval of Free Standing Tower for Cable Television Purposes � The Fridley City Engineering Department has received the attached proposal from Midwestern Relay Company and General Television Inc. requesting approval far installation of a fxee standing tower for cable te].evisian purposes on the 1.5 Million Ga11on Reservoir site on 53rd Avenue west of P�Iatterhorn Drive. As you are aware has been gran�ed fox County Communications Repea�er Association this is the same site on which approval installation of antennae for the Anoka Center (ACCC) and the North Area (NARA). � A meeting with representatives of the Midwestern Relay Co., Genexal Television Inc., ACCC and NARA indicated that there would be no problem with operation of the various antennae by the different agencies on the same site. The proposal by ACCC and NARA to in�stall their antennae on the reservoir itself has been reviewed by the Engineering Department and appropriate agreements are being drafted for final execution toward com- pletion of the installation. This initial request should pro- ceed as authorized and be kept separate from the current pro- posal. In a previous memo•certain items were noted which resulted in the recommendation that no further antennae installations, particularily those of a commercial nature, be allowed in.this area. We have not changed our position, however, the attached reports from Mr. R.L. Renaud, of Midwestern Relay Company and Mr. Robert Hinkley of General Television, Inc. give reasons for the rec{uest, which should be considered. I� is therefore requested that the City Council review the proposal and instruct the City Administration the course of action 'to follow. Since the reservoir site is located within a residential area, informal notices have been sent to nearby residents informing them of the tower proposal request which should be considered at the Regular Council Meeting of May 5, 1974. This should provide the proper public input in order to give further indication of the feasibility of the tower request. RNS/jm Attachments� — • .� � � .• . ' � �= i . . 1 . ' �. . � , •�`i O = ;r � `� 1 � . . � v �.I . . � �� ,,+ . � h �`i , ' � . � - ' . h . . � Q � � � � ' . . . .. � � . . . � . . ' . V - . � .�� 4 � . � `� . . • ' � � � ,, � • . � . . . � - . . �' . I • � � • \ .l ! � . . _ • � .' . i� �; ;� •j � � . . _ . . i -� �_�____� ��: . . �� .f�.t� � � o , .,� ; . . � �;: � � , � . � . �. - . _ . � ��' . . } � ,M ; . - . � . .. ! =' :. }' � j . . . .;; : i i � . . - � � . . ' � '�. �-...� ,�,"____ �.i"' � � . - . ' � . � b � . . + .Z - � � . : • _ I ' . �• $ � v _ : " v .� _ a _ _ ,, _ : a � �, t., . � . � � ° . - 3 ; _: __ . . . . . �' � t . _ . � �lf .. . . . . • 3 � �. � - � - . � . ,- ,� . '.. , - - �. ." . ..- _. . - • aa ty cre �� . - ; � . t_ , _ ,q � . . . _ : �~ � � : �.� _ _ - : : - . 1 . . : �- � : . . ^, � - . .. � �: . ._ - � i �� ` 3 � . . • � � �� . !j ? Q . � . � - . ' � . . ";: �.� � . .i . � � � c- �' • y . •. r :' °i . � • � C . q ' r t ' ' _ ' i• . � � y • • ` , . ��' y ' �� .. �t . r`�� ' ` , �. � ' ��--�._:.:_.---�` � ■• �' . . , . , �. � : � ' ` ~� 1. . . , . . .. . : . :. , . .1 . _ . =--' ' � __. , � • i. OFFICIAL NOTICE CITY OF FRIDLEY CITY COUNCIL MEETING TO WHOM IT MAY CONCERN: Notice is hereby given that the City Council of the City of Fridley will meet in the Gouncil Chambers of the City Hall at 7:3Q P.M. on Monday, May 6, 1974. One item on the Agenda is to consider the following matter: A request by Midwestern Relay Co. and General Television Inc. to install, operate and main- tain a free standing tower for eable television purposes at the 1.5 million gallon reservoix located on 53rd Avenue west of MatterhDrn Drive. Anyone who desixes to be heard with reference to the above matter will be heard at this meeting. CITY OF FRIDLEY ENGINEERING DEPARTMENT � � � � . �i�1' / O � �t � � IW �'� ��1� _.. �.�! _�'/'i+�".�� `a � v� �V� ` �Y 6 ` 5, `:ir O - kitT7'�.a. ` ` � � � - ;F� !� s� �! � � • • ' � 5� � � Ya� �'`.�." �"��- � `� l3 C � ,� .�� _ -,z;� , r 3 � _ ..t�= • ',` j � ,,;,j G: '�Y-�. t_ �,.�� : s•<- ° a . Y � � yoo :� : 5y,�,F. � � ��`t �� - -- �!lli,�Q _R(}°� ;_ _ _ _--,-_._ �: `4 � � - ��/ 1�` � � �a�- � ,� E ,� , z�� <' ��,. . . 'c-_w'_ � � �` � r'�• � � � `C l:��'/O�Y � y T. � � . , -._ ,,_, � ��, ;,�ya,� , ,za -:...,a �,�, � . - - _-_-� - --; . __ ':;. -_ .. � �.. � `` . .� � ' ' _ •,r t _. 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' i . t, .. , ,-"�•� ��-g - �� ,�l�o� �.; -'� ;:,, ��; ` �^ � t�� , �� ',a�� '�' A�o:_�;;-,,��:;," W'' '` .r�,.,�{ �,,.f�Y �' � i�7�7 }! � •.��! J �t'=}�' `.i:°�''�y �.,� , :K N^ �y w` '•-r_ `i . iJ :r � \* ' -�{ �T9 � . • r �;.L•i:��;N.� �'' �,, �'� Z *� � �. . � , - ;.r �,,�;1�'.' . �� +�,�"j�.-�� . � t-�..;—� , .p � 1�Zo ` t� ! , � ;. �I \ �^ Y � • 2 � / � J.3 � � ,- -. ' ,��79 �� -�� » ; �t-. ., / I ,/ � N �.. p 3 ,Y�' 'li- ��n�.�i.:'i'Y � �� t w � .e �� ,;� 3M � v`.::Mi" y �, �^ ,:. r nr.x'!�Ia �,�^I/' _� � �� .l �'ti �. :-�i ! I � :��vU � �f �� x ��y !! . ` S" ',, �+ � ��rj1 �>> �.,� �� - � " Y 1 � ` � � � z � : �� :i . j . . . ,-:1- , ; ;�l . `_� � � � .- , , -�3, 1� - - 2 �� ') , � ' u.l,..�� • : �� ; . •� �� C?� .ar O � � � jS' � " '�� J . � a itni ` .i�"r.Y_. .�tr �� ,�^�'Y ♦)Ifil � � .hrsa.s'�T✓ t r � I � � 13 D o � � • • • '_`.�� nodwestern relay campcany Mr. Bobert B. Becker General T�levi�ion Inc. 350 63rd Ave N.E. Fridley, Minnesata, 55�32 Dear Mr. Becker: THEJOURNALCOMPANV MI�WAUKEE W�SGON51tV OPERA7iNG PARTNERS. Apri1 30, 1974 AMERICA(V MICROWAVE & COMMUNICA7�OON ING IRON MOUNTAIN MICHIGAN As you know from recent di�cus�ions, we have studied various a�- ternatives to a.nterconnect our operating center in Arden Hills with General Televisions Studio in Fridley. The following is a brief des- cription o�' each alternative. Via Foshay Tower , MRC has a distribution facili.ty atop Foshay Tower from ection could be made, however only one frequency can be between Arden Hills and Foshay Tawer, �hereby limiting , Fridley to a single television channel. Additionally, would be required atop the General Televis?on building of sight clearance over nearby trees. � Arden Hills to General TV Studio which interconn- coordinated service to a 40 ft. tower to.obtain line To pros�ide adequate clearance over the rid�e East of Fridley, a 150 ft. tower would be required adjacent to the studio buildin�. Due to the � nature of the land in this area, we believe this to be undesirable far reasons of zoning and cost. � �� Via Matterhorn Water tank site By construction of a 50' tower adjac�n�t to the water tank it is poss- ible to give unlimit�d service to General Televi�ion by use of two IO foot pmrabolic antennas orientated toward Arden Hills and th� studio site. Sinc� this system will be entirely passive, equipment roorn or power will not De required. OPERATIONS DEPARTMENT WtSCQNSIN DISTRICT GRANT ROAO WEST OF GOUNTY "P" RUBICON, 1Fft5CQNSlk 53078 TEL: 41�-b73-5TDO TWX: 91 O-25Q-38i3 OPERATIONSDEPARTMENT MINNESOTA DISTRICT 1296 WEST COUN7Y "F" ARDEN HILLS MiNNE50TA 55112 T E L : 612 -631-1000 . TW X : 910-563- 3708 �NGINEERING DEPARTMENT tOS KENT STREET IRON MOUNTAIN. MICHIGAN 49SQt 7EL: 715-251-3880 svrx� e10-r�s-as�w Recommendation Zn view oF the multiple channel requirements for the Fridley Cable system, aesthetzc and other considerations we recommend use of the water tank site as the preferred aZternative. Please advise on the final determination in this matter so we can expedite FCC Filings and equipment orders. krnw � Yours truly, . .� , �, % �� /�,- ,�, �,{,/ � /`' __ - � ��--__ ____ _ R. L. Renaud �E � � , LJ .:� �_�_x�'� ��,� _ ��°��. �" � , � . , �� , � . Suite 115 Hennepin Square, 202'i East Hennepin Avenue Minneapolis, Minneso�a 55413 .... CH'i2) 33'i-�2'IQ � Mayar Frank Lieb1 City of Fridley ' 6431 Universi�y Avenue N. E. Fridley, Minnesota 55432 � Dear Mayor Liebl: April 29, 1974 In order to receive WGN-TV, Chicago, a� its headen.d site, 1 General Television finds it necessary. to construct a small tower in the City of Fridley. Whi1e a number of potential sites are available, engineering studies indicate the most , suitable location ta be on City property next to the water tank just South of 2-694 and East of Central Avenue. , ' � , � � C � ' � � ,13F The compan.y proposes to lease space on this enclosed site upon which to construct a 5Q-foot tower with an approximately 13-foot base, The tower would nat house active e].ectronics but, rather, would hold passive reflector dishes known as "beam benders". The microwave signal would be received from M�dwestern Relay Company's Arden Hills tower and reflected to General Television's permanent Fridley facility at 350 - 63rd Avenue N. E., �.dley, Minnesota. This request comes to the City Council at this time because it had previously I�een assumed microwave signals from distant cities would be delivered to a downtown Minneapolis terminal such as the IDS Building or the Foshay Tower and redistributed to cable systems around the metropolitan area, Because �h,ere has not developed a signi�icant number of cable systems in the irnmediate me�tropolitan area, it has not proved economically feasible or necessary from an engineering standpoint, to have a centxal-city distribution point. Thus, Midwestern Relay, the coinrnonca.rrier planning to bring wGN-TV from Chicago to the Twin Cities area, now plans to deliver the signal to its Arden �Iills location rath�r than'to a downtown Minneapolis loca�ion. � ' � � ' ' ' � ' ' ' � ' ' �i �� i �i �' ' � ' Apri1 29, 1974 Page 2 While General Television cauld have received a direct line-of-site signal from either the TDS Buzlding or the Foshay Tower to its Fridley building, this is not passible from the Midwestern Relay tower in Arden Hills b�cause of the high bTuff on the East side of Fridley. Because the direct lzne signal is blocked, it becomes necessary to find an alternate method of bringing the sigri�l to the colnpan.y's headend. As stated earlier,, engineering studies show the sa�est and least incon- venient method to be the praposed small tower located on the a�ove-mentioned city property. General TelevisiQn respectfully requests permission to construct and maintain a tacili�y on the city property adjacent to the water tank. Thank you. RBH/pa Sincerely yours, r,. s/�� : �, r, �%�°'i � � . ,.� / d C� �i�""� `""� ` 4';1 Z��','�.% Robert B. Hin}cley �Assistant to the Pres-dent � _ i i iy � � , , ' 5272 Matterhorn Drive Minneapolis, Mn 55?21 1 City of Fridley � 6431 University Avenue Fridley, Mn 55�21 ' � � � ' ' �J ATTENTION: City Manager Dear Sir: .1.� �{ This letter is.in reply to the notice that T received from the City of Fridley Engineering Department regarc�ing a proposed tower at the reservoir site located near 53rd Avenue and P�latterhorn Drive. 5ince I will be out of the city and unable to attend the Council meeting on Monday evening, I am using this vehicle to ex- press my thoughts on a commercial proposal for a residential neigh- borhood. Ten years ago when i contemplated purchase of my home, which is located directly east of the reservozr, we gave serious thought to the quality oi neighbor -�hat we would have in the City of Fri�dley. V�lith minor exceptions we have been happy with the main- tenance and upkeep of the land and the structures on the reservozr site. However, a free-standing windmill type tower in my judgment would constitute an eyesore that would depreciate the values of all of the property surrounding the site. � I have discussed-this proposal with Mr. Starwalt, our .Councilman, and suggested that there must be additional alternative sztes that would be a lesser proplem to any residential areas nearby. � I asked him to assu-re himself that there were no better alternatives and that this one would not be selected merely because it is the least expensive. One alternative that comes to my mincl is the tower � site belonging to the City of Columbi.a Heights on Stinson Boulevard near the Minneapo].is City reservoir. This locatian already has at least two commercial installations attached to it. , I`d appreciate a very thorough investigation by the City of Fridley and the CounciZ betore any action is taken regarding the construction of this tower. Thank you. i ' Yours truly, � �� J. J. Smith ' CC: W. R. Starwalt Robert Maxton, President � innsbruck Homeowners' Association ' C:c �� z a ��".tis . 14 MEMO T0: Nasim M. Qureshi, City Manager 6fEM0 FROM: Richard N. Sobiech, Assistant Engineer DATE: April 29, 1974 SUBJECT: No Parking Signs on Satellite Lane As instructed by your office on April 23, 1974, the Engineering Department has installed "No Parking" signs on the south side of Satellite Lane from . . � Starlite Boulevard �o University Avenue. We shall continue to study the situation to verify that installation of the "No Parking" signs was the correct solution to the parking problem which existed. We shaZl keep you advised to any further changes which may be warranted. '' � r' ,/Z�� Richard N. Sobiech RNS/pl 14A CITY OF FRIDLEY PETITIUN GOVER SHEET Petition No. 6-1974 Date Received � 1�a_Y 2, )974 • object In opposition to the banninq of auto parkinq on Satellite Lane. Petition Checked By Date , Percent Signing ' Referred to City Council Disposition �9 • �� s� r°n� L`J � a, J sc�i_ vs4�Z- 1 i 14B II � IN�E� T'"tf E �J n! � E 2 St G NE b T,��g--+vrs d F �-r+ � S�--� �...L c,-� E.�-s J � � i � � � � /�j-/✓ � S t}-7`�!�Lt iLr /iv EST (��Y/�TM ��✓ �T,$ D O �-i-E ¢.s R y.� R.�-r�c s r TM-E ,\ �-�a- �zr ��,-,�,�,,�� oF �� 'Ti/T'2KiNG o .� s�-�«<� �,� : � (� �„� �6(= L T�y/S �tS �75G2/H � Nr`1�'TO� R6R��S'T- L15: / 7"O 5,y-T�SFY j—rt� w� r M s b� Z-r�-6 �c w. �/Y �T� W Al�4�.'4�+V 7/ S"1"26 �T.$ f I N TN-c �L..G S� � E Nr �R�[. '(} .2��A-5 O E" f � l�! ��! � s �r9-/2�iivG (�-U M��-c"�oL� /4A�✓Naz9 � f3JTtF �!T`� �`N i) /�r rc � O 2 F� 2- TH A-T {,.� �...r-�- h, / yL�S riz.-i c.•� D 1 nt F} ra`� AiIR A5 tJ l. f2..�• � �2� �� __:��r� �•�,v. �. Chc�QQ�,��-k,1., �� -�''� � D �, .r � � . /_ . � •� � ��, �. �?1 --t�C �z�� y v :�� , �.��7;r�. C. ,1� .��- �'� � � �� ,�� . �� -�� : '1 � !�,� /�� . -�� O � .�l ��- �� 1�'�., �. � � � .�W��. �, s �, �:� �� -� �. �� , � �,,,� , �----�. Q /�. �ll �;� ��=��_ _ L� ��- �!i . , , , l ,�� ' � �� -�� , '' �.�� - � ��_� � �' �'.� �--�� -�. ��--�.�� . �,�„ . �� . � � �� , .�° . ��;�. � -n� . �a�. � �{�'�� Q , � . �1."� %�' �� .� _ 1...`Gvta-'L�. �� _ � . ��,�� ' � �. ..�� , `� _ C��- �� _ `�°� ��.�- ��2�. B�P�.'��,��0- .�'��`�� a�.�P d��:�. ~�i __ �'�`' � '��'� . �,� � a , ,* ' • ,1;� � . � . �� , / . � i' � � , �/ , i .�� , .�. � ,�' , i l � �,g�.,,dY �f * � �� . ��"�� • �'%j�s-,P � �e�+�,�.. �'.,:�.��-r.,��.-�_ �;'�� ',%� ��G� f;v � '� ,' ; ;; , �, , �,i1 , �.%v� ..(,�..f�./ j��` ��. - Gr-r.�.,.�"�..,._ , + . • Y .�C.. � � ".,, �l4 C �� I�MO T0: Nasim M, Qureshi, City Manager MEMO FROM: Richard N. Sobiech, Assistant Engineer DATE: May 3, 1974 � SUBJECT: Street Impxovement Project St. 1974-4 � Mississippi Street from Central Avenue to Stinson Boulevard Bids were opened May 2, 19 74, at I1:30 a.m. for Street Improvement Project St. Z974-4. H f� S Asphalt Com�any was low bidder (see attached tabulation). . H� S Asphalt Company is currently performing work in Fridley under contract for Street Improvement Project St. 1974-1 and St. 1974-2. Street Improvement Project St. 1974-4 is being completed in cooperation with the Anoka County High- way Department, therefore, recommendation is made that H F� S Asphalt Company be awarded the contract for Street Improvement Project St. 1974-4 subject to the approval of the Anoka County Engineer. RNS/pl � � � ' BID OPEi�IING: I1:30 A.M. . hiay Z, 1974 LDER �axdrives, Inc�. 3Q3Q Harbor Lane North ukte 216 II', �znneapalis, �iinn, 55441 �1lexander Construction County Raad 42 F� Fairgreen Ave �pple VaZley, hlinnesflta 55068� � H � S Asphalt �400 Industry Avenue N.iV. naka, blinnesota 55303 . �faxvin Rehbein Const. Roure 2, Box 222 �orest. Lake, hsinnesota 55025 . S, McCrossan, Inc. ox 33G sseo, I�iinnesota 55369 ,unkley Surfacirig 3737 East Rzver Road �ridley, Minneso�a 55421 ury � Carlson, Inc. 008 bVayzata Blvd. ls. , Minnesota 55d1�6 0 STREET TMPROVEMENT PR ' L�� OJECT � .�j �u.4 ST. 1974-4 � 1 ��'`' __BID DEPOSIT LUA4P SU�I BIb � # • / � ; , � , /�- , • ` � r , �� ;�: • �, � �� , .� : � � _ 1� �t . �� /� ��+/ 7 Z l %�%�� Z g•9,� � l, QV�� Y tl //�/'1 ��f � %/.�' /�.�.,� � . .9 i�r% _ �� j ��. 7� 15A i ,li f �� , � � � 9 � , �In OF �RIDI.EY �� '� ` 6431 UniversiGy Avenue N.E, . � � Fridley, Minnesata 55432 _ '� _ � _ FAUI BROWN, �:vicec..�on - Phone; 56�-345Q X64 MEMQRANDt1M T(�; City Mana�er DA�`�: May 3, i974 City Council �I,1&j��T; Playground Bids FROM; Paul Brown� Director ' . Gordon Mid�ag, Purchasing Agent Gentlemen, The Parks Playground Equipment bids were opened and received at 11:00 a.m., Apri1 25, 197l�• Please find attached a copy of the�bid opening report and copies of the bids. � It is recommended to awaxd the bid to Game Time Ine. {Wilcax a�ad Assoc.) and Miracle Recreatzon Equip��qt'Co. Priority to be given to the Zow bid, and to the Playground Equipr�ent Theme of t,he parks. ExampZe: Some parks have a Game Time I Equipment Theme, which�no other equipment is abie to meet �pecificati.ons. Other parks are using the Miracl.e Equipment Theme and Li.kewise no other company will meet � specifications, � , i � It 3s the rev�mmendation of the und.ersigned to purchase the Swan Swing from Miracle for �21.Z.00 and the remaining equipmeni request�d be purchased from Game Time based ota low bid in some cases and Park Theme on a].l others. I� is the professional opinion of the un�-�ersi.gned that the quality of Game Time Equipment is of a high standard artd past history has shown the quality io 6e out- standing. The Mi.racle Co. also has a high standard of qual.ity but in most cases their equipment is of fibre glass and not af steel. We feel that the Game Time Equipment wi.11 ho�.d up and do a better job for �he dolZax. i , PB cc: Gordan Middag � � �espectflil�y submittefl� / �--.. / . C �.-- UL BROWi�, Director , � � . I!� �;, � � ' x a� U U ' , cll ?, � -i N .+.� r,l (n � � r0 C� d' O � 1 1 6l 1 1 QO f 1 d' U i N -*i tn c"t c�t r'� d' ! I M 1 I t� i t M N � � �� M d' cl' t 1 M 1 ! d' I 1 M N •� R� rt CV � cn cn tn- - ' � � � .-�-� � � , � ,-1 � d CO N �O ! 1 ►,c'1 1 i N I f � '-1 U t3'► !� M �r'1 ! 1 �O I 1 u1 1 t d" r-t ��•''r � � f"� �'�1 1 ! N 1 1 � 1 1 r't N os�� - ' 4�i -�-i N O 'ii � W t� -ri � R � -a �, � � � a} 4�i ''.zHi �� CA t� M i� 1 1 a0 t 1 CO ! i o O .�.� r-i (� � O�1-� d� d� tr1 W t I t� 1 1 tfl i t �O r tJ] F d-� U �J -rl al N M c+� 1 1 N ( ( N t i M r-1 . � cq cv � � C7 W v�i� �WO��QW � U � A: A •� � m �� O -*� Ui R3 u N N � U i� fYi U •ri ri � d� G: L� ii �'r 0'1 l0 CO CO .ri 1 d' O W W C7 N ul ,q rtf M N M d" O O M CO u� r, O { M N a W � in r! 3�# O � M d' d' f-. -f i M C1' t11 '�!' -f . i M N 0 � U� L�a � t!}� � U -t3 ' � � V r"� �'. '� r-4 O 00 N li) �'. .f"i ttt .i'. %�" N �'i t0 tff '-t ' U t2,,L2 �0 O� 1� c'h �1 O O � O O �.n O �-1 d' t-I 2S -rl �f-� r-i N 1'7 M �"i �'i N .f, f'., r-! �a' Qt M N -i � m -O N ..! a ` �- , � ai t�t .� �,�i GD t� r1 t� d' �O CO O �n CO o cV O O .�.s a r-► a� a� � � cv � � un � � ao o � r� 47 '� Ri 01 N t•? M N N (V d' d' N N dl M �-1 ' � � N A rl r! L7 W SL -N cn- ' � ' ' ' � � ",3 tp r-1 r-1 r-I N N r1 '-i t� 0�7 rl N r-1 '-I • • r-i U • C! � u� � v� Qi N � + N N � � W � -1� � .4.� N -i-� U U 'a 4+ u� td u� r� u] rd ••-� N S•1 �i tA � N� U1 N N [/,I � � 3�•��a ��n � � u� z � cn tn cn w w cn N U �t-� U � N �i � � � � y � N � +� u o v � U � � x + x `� � � � � a m cq cn � � � � � O «-I � t� � � � d' � � N � � � � O �-i . � � +--t �-1 � � O O � � N N � � r-1 � � � � � {!1- � m '� ,►.! � � 1i O � � � a H O� c�D W M � t� N t� H U -rt � q�j S�+ w � aN � O � � � N r-1 H H •�W � • C!� L1� W W N ?+ H H N�'� CQ W .'�� r�-! � � rs N �6 U H H � Sa � H H r:7 .��'., c� �, .� PARK DEPARTi�NT R�CAPS OF BxDS OFENED APR�L 25, 1974 FOR PLA.YGROUi�TI? EQUIPrIEi3T Na�te of Ectuipment �7'h irl. s Swing Set--2 Section 4 seat Swing Set-2 Section 6 seat Swing Set-2 Sectian 6 seat Flower Cli�w' er F�.ower CZa.znber S S Sl.ide 5tage Caach Saddle c�.ates Park Bench Fra.��s Snail C1.imber Buck--A-B aut S S S�.ide Swan Swing Gametime Ma.racle Rec. �Speci,ality � Quanity Equa,�ment E uipr�e�.t Sa].es Service 6 $ 333.00� $ 365.00 $ 423.00 I 297.00 278.00 324.29 � 353.00 332.00 430.37 7- 367.00 356.00 � 445.44 2 �.12.00 none none _ 2 123.00 none none : 1 278.00 2b5.�0 338.80 Z : 450.00 none 486.05 z7 85.00 none ' 91.66 $ 33.50 i9.Q0 . 59.73 1 280.Op none none . 2 45Z.00 458.00 none 3 360.00 345.00 333.80 7. 1'X) .tl� 21�.00 2I.9.6Q � TOTAL R.�YI{}UNT OF BIDS $7,638.00 $�,045.00 $?,�.53.Q7 Total extended cost �f s�.mi.lar equipment bid on $4, �9I.OQ $4,129.D0 $5,1�9.00�: by all thre� companies. i 16� PA�tK D�PA.'ZTi�;NT � RECAPS OF BTDS . � OPENED A..��Z�L 25 , 1.974 � � : FOR � - � PLAYGROUND EQUIP'2ENT : Gametime riiracle Rec. Speci.ality i��:'c° of Equipment Quanity Equipment Equz�ament Sales Service Whirls . 6� $ 333.00 $ 365.00 $ 423.00 Swing Set-Z Section I � 297.00 2i8.0� 324.29 � 4 seat Swing Set-2 Sectian ]. 353.00 332.00 430.37 6 seat � . Swing Set-2 Sectian 1 . 367.00 356.00� � 445.44 6 seat . Flo�rer Climber Z 112.00 none z�one � Flower C1imb�r � 1 ].23.00 nane none � S S Slid� 1 � 278.00 � 2b5.00 338.8� Stage Coach 1 450.40 none 486.05 Saddle I�:ates . I.7 85.00 no�e 9�..66 . Paxk Bench. Framas 8 33.50 19.00 � 59.73 . Snail Climb�r 1 . 280.00 nane � none . Buck-A-Bout 2 45Z:00 458.00 none ' S S Sl.ide • 1. 360.00 345.00 33�.8q _ Swan Swing 1, 178.C1Q � 212.QO 2Z9.6Q TOTAL AZ�IOUNT OF $IDS $7,638.00 $5,045.00 $7,I53.07 MEl�iO TO: Mr. Nasim Qureshi, City ��lanager and City Council �'ROM: Gordon J. Middag, Purchasing Department DATE: May 2, 1974 . SUBJECT: Liquor Store, Walk-in Cooler and Shel.ving Bi.d The Liquor Store �r;alk.-in Self Se-rvice Coo�.er, Sheiving Gondola and miscellaneous item bids were opened and receiv�d at 11:D0 a.m. May 2, ].974. Thes� bids are hereby submitted for consideration. Find attached the copy of the bid opening report and copies of the bi,ds received. 0 J./ ;.J ,,�. �,t � . � � � - �l � 1 �' MEMO T0: Mr. Nasim Qureshi, City Manager, and the City Council MEMO FROM: Gordon Middag, Purchasing Agent ; DATE: April 12, 1974 SUBJECT: Liquor Store FixCures and Equip�ent Bids � /` � The Li.quor Store Fixtu�-es and Equipment bids were opened and � �� received at I1c00 AeMo,..April 12th, 1974. These bids are hereby ! submitted �or considerati.on. i� Find attached the copy of the bid opening report and copies of the bzds recezved. .� r : �r _ `':i � `s, _ _. � ' ��--'� r , J, . /+ i . � � o' 0 � .-i r-i � � �A � � �� U � � � LL � � a�i � ow a ' ' , ' � y � -V � • r�-i H 't' ^ �' � � W � A �� ;�-i t]+ cn t�-ifH�! a Q� w e� � � �, .� H H � G-. �' � a � �ti •i [H12 � � � ' C� � a ' , ' ' ' � ' a � � ct � i � � � V 4.! .�� W V `� y `N{ �� Mb "� � e � Y � � � u� o O � � � � � �` .� �` � a w �. � U � � b � �N m m O m ,� � �p � +� � U : +� � V � m •Q+O G�O � ti Q �ri L� .�: � GQ m: v� U al 0 +� �� m . �mu, . � cv � � � +� rt �� n m u; m� tv � O U rl t� � � � � O � � H � • � �� o .., � �p, o � Q �� `-• �-�i � � r I • m O W � � � � � • u�i tc� � • il� W • � �' � � � Z � � • . � � r1 � mH N t�� w r-i S; ~ti m O i'-. G.' CS' 'r� r-1 � � .� t� �. r�-1 �". �ri i� �� '�`x � w`� � �'�'� �o � s�«v-t m� � �O °o Ae��t� x�L=. 1 ►�r�-1� ar�-�P�4 n L�o • pR � �^• ri �ri rl �D � � � � Qi <D �1 .�` a � m o� P+� O � �3 U � � � � � • • v ��M�O� a �v �s c�t � O� r«ri� r1 Q � v�i 8 v�i O 'tf � ai 3 -F� Q1 �f'�?`�Ci'�W �� tL1 U H O� a� . r.{ W p �� • � � � � � � +�� -� � �a � ��-+� �� c�*i rt cn 3a � � 5S f-�i .� � '� ��s a M+ o o a� :aG V1Q F> FA r-1 U a � LJ 1 ' ' , , ' ' C�'� ��i IJ I�� ' ' ' , , ' ' ' _- a�.�,' :-�� -�: . � >> � � _;��; � �: �.;=-t�"`-=�- , � � ;TM`�' �� : �,�, r�-��'�__' �� 56d-3450 .' � �� . �i�� ._��eG d� f dL 6431 UNfVERSITY AVENUE Nf ANOKA COUN7Y FRt�lEY, MWNE507A 5542Z Apri1 3, 1974 LIST OF OFF SALE LIQUQR STORE F7�iTUP.ES A�TD EQUTP�iENT, ADDITIflNAL INF'O��MATION AND INSTRIJCTIONS The City af Fridley will sell the comp7,ete package of a7.2 the Off Sale fixtures and equipment ?,ocated at 3710 East River Road. Each Bid shall be accompanied by a Certified Check, Cashiers Check or Cash in. the amount of 5% of the bid. A].1 sa].es are FINAI, and the purchaser must remove alI fixtures and equipment �•�ithin a given period agreed to by the City of Fridley. Cautxon must be taken when da,smantling, as the purchaser wi11 be responsible for a11 c��mage due to neglect or negligence. The following �ixtures, t�rere puzchase3 ,7une, I971, and valueci at the time o£ i.nstallation approximately ,�18,000.00. _ A. [dalk rn Cooler, comgl.ete with coi��, eindensers and compressors 1. Cool.er- 28 feet x 24 �eet � 2. Eight (8} Self-Closzng Siiding Doors 3. One (lj S HP CopeZametic 3 F,H, 220 Volt Unit Campressor 4. One (1,) �ohn bQ AC Remote Condenser - 5. Two (2) Bohn HR 1940 Coils 6. Sel��feeding Beer Case and Six Pack Racks- Bu�It in Section B. ��•�o (2) 8 foot Gondol.as ' �'i. t�%i!2 `ij �i�'icCi�^C:1� .�.'LFIt1GF1 i�77.�i: L2.�c.i^P1i:t P.ZSYI.�.ji v3S2 D, Perin�eter Disp2ay S�ielvin� -�lppro�imately 72 feet of t�7a11 shelving � wxth a Canopy Valance: - E. Two (2) Ila�f (-2) Circle Wine Master Racks , . F. $askets for L<�.y Uoc•m Wines G. ASi.scellaneous Storage Shelving . H. A].l.Equiprnent purchased from Dispiay Fixtures, Inc., St, pauZ, rfinnesota X. Attached £ind a capyo u= Advertisement for bids from the Sun Newspaper, the otficia]. n��aspaper tor the City of Fridley. . I, the purchaser, a�;ree to p�irchase the complete package of aI1 Off Sa1e Licluor Stare �'i::tures and Equi.pment, as discribed on the attaciied list, for the tota2 sum of $�_�-;� /��,, ,,� ,� , Attached find the 5% bid c�eposit in ttte amount o� $�� ';:'�.,�',�} � I, the purcllsser, also ��;ree to remove all s�id equipm�nt anf fi.:�tures as agre�.d i�pon. Tlle payment ior the above purchase will. be by Certifiec� Check, Cashiers Check, or Cash izz advanee of start of removal o£ ec�uipaient or W1�I11L1 30 days if not removed, DATE !"! '" � � � .J 1 , C0�4Pt1idX i�.�`�tE 1��- ,��: `. � .�. 1 �+ s. ti,� ( TEI,�:PliO;;'r'. �' '; _ ^;• l� . f�- JI J`l - --� f � TZ �:`tw .; : �• , 3'1 r ; r ...1 '-) �l-' ��i _ % +� 1 � A1)DF:LSS i1 y �> �,`;� �1.�• �?,-.,z -j� -r-,��,.� � �c.i`i0:fi�1� Uc1TL_ C r '� !. /� ': /f3 �- �'_ � Ta t {" `� ' ' ' I ' ' ' ' ' � ' � � ' ' ' ' ' ' i�.---,--^_� __..". , �� ; C�! [r. : _.1:_._ ^z=t r .�.,, ��-�: �, . r i r � ��, , :r � � F�..= t t �� . �� . t Ir c��,=4 Jj � _ �1�i .-" � :'i 6�_.-s.! .' �� I � cG''.'�-::.-=r . ' `-,_ ,'- i , �:: t-i'`' � -• i� �'� �� .w�.; c._: _i 5G.1.o�� i � ll . ,� � i..-�'�r,$ � � ��c�� 643i t1NIYERSI7Y AVEhUE NE ANOKA COUNTY FR(DLEY, MENNESOTA 5542i ApriZ 3, I974 LIST CTF OrF SALE LIQUOR STGRE FIXTUP.ES A�,�D EQUIP:fEti'T, ADDIT�Qi�TAZ� INFOR,.�fA.TIQN AI�7D IIv'STP�UCTIO�TS The City of Bridley �ail� sell the comp?e�e package of a11`the Of� Sale fixtures and equzpment lacated at 3i10 East River P�oad. - Each Bid shall be accompanied by a Certzfied Check, Cashiers Check or Cash in the amount of 5% of the bid. All sales are FINAL anc3 the purchaser must remove a2�. fixtures and equzpment c�zthin a given period agreed to by t'he City of Fridley. Caution must be taken z��nen dis�antling, as the �urchaser will be r�sponsi.ble far a7.1 c3amage due to neglect or neglio�nce. ;.he xollo�a��g fi:cturzs �•iere purchase� Jur,e, 1g;1, and valuad at �he �i*.r.� af installation appro:�imately $18,0�0�40. A. Walk In Cooler, complete �aith coi1, cindensers and co:npressars 1. Cooler- It3 feet x 24 feet 2. Eight (8) Self-Closing Sliding Dooxs 3. One (1) 5 HP Copelametic 3 P,�I, 220 Volt iTnit Compressor 4. One (1} Bohn 60 AC P.e,:,ote Condenser � • 5. Ttao (2) Bahn I� 1940 Coils 6. 5elf-feeding g�er Gase and Sis Pack Racks- Bui1t in Section � B. Tcio (2) 8 fo�t Gondolas - . C. One (1) Chec'�-out Station with �Ial�-Pint Dzsplay Case D. Perimeter Display SheZving - Approx��nate�.y 72 feet of tJall shel.ving: F�ith a Canops� VaZance: - E. T:.o (2) Half (2) Circ�e ZJin� rZaster Racks . F. Bas'�ets for I,ay Do��m Wines - G. ?•fisce? laneous 5torage Stzel,ving H. AI1 Equipment purch�sed fro;� Disp tay Fixtures, Inc. ,- St. paui, 1�SinrzesoLa I. Attached find a copy of Advertzsemertt for bids from the Sun Net�spaper, the official newspa.per for. the City o� Frzdley, � I, the purchaser, a�ree to purchase the comp_lete package of al� Off Sa�e Liquor Store Fixtures and Equip:�e:�t, as dz.scribed on the attached lis t, for Che total, sum of $ � ��; Aitached fznd the 5% bid deposit in the amoL*�t °� y�.c C= � I, the purchaser, also agree to re�nove aZ1 said equipmenC anf fi�;tur�s as a�rced upan. The payment iox the above p�rchase �ailZ be by Certified Check, Cashiers Check, or C��sh in advance oz start �f removal o� ' equip;nent ar ��rithin 30 days it not removed, . � 1�'1TE._... '% '/''�`. Ivt'�i•� j �-.'r -/ � co.•=�a ;� �,� �� . �,- c',c,;.� • T_�,.._._____ - :i. r ,�, 7// �r � �' .S%��- �.�L Z�. S.� 5 4' C ' ' / � //i '• Yi ..i f .✓.•-i.ir'. TEL�Pi'.Q.:._, � � _�! � � �:E:'�,t�VAI.. DA1'E r1 _s .1 �.' f � C ' ' ��i i �' � ' ' ' !� i! � J ' ' , , � ' � 550-3�SQ .�,..l;: ---�--• .� - , � I� ',� C'.'t__.�--' .-=-i--� / �"` �� - _'' �/y''J /• �� t i•��.' ,,i'� � . �� Y i/ � ��'✓ � ,`y_F�._;1,,t,_�... � d� �, '�:��_ `� -1;=��: ` i.` �,f�;: �_ ( r _ `'' .' �'�� . . . � . .. . . �. I -�� ::- �-�4 ; ANOKA COUNiY �� ,, :^_�, I-Li't� -� J ��,: . � :�� 6431 UNlVERS17Y AVE�;UE NE fP.iDiEY, MINNESOTA 5542 ;, i I ;::; ""C� �E.� � April 3, 1974 -�-, ,� �i_j . LIST 0� QrF SaI.E LIQliOR STO��E FIXTLTP•ES Ai�� EQUIPI.��'�,'T, ADDITTO:''�1I, Ii�tFORt.'�.TIO�t � AND z:VSTP.UCTIO�S . � The City of FridZey will se1Z the complete puckage of all ti�e Ofz 5ale iixtuLe��t � and equipr��nt Zocate@ at 3710 East River Yoad. � �1 z Each Bid shall be acco�,panied by a Certified Check, Cashiexs Check or Cas.h in .p { the aruount of 5% of the bid . t Al1 sal.es are FI\'aL and the purchasez must xemove a12 fixtures and equipment �� with�n a given period agreed to by t�he City of Fridl.ey. Gaution Must be taken ��hen dis;nantlinj, as the �urchaser will be responszble for all. da,�.age due to neglect or neglig�nce. � " 3 Tne foll�;��ino fi:�turzs �aere p�:rchase� June, i9?I, ar_d ualued at the time o.f �, installation appro:;zmately $18,000.00. , A. Walk In Cooler, camplete ��rith coil, cind�nsers�and eompressors �,` 1, CooJ.er- 18 feet x 2� zeet � 2. Eight (8) Self-CZosing S7.iding Doors 3. 4ne (1} 5�:P Copelanetic 3 P,Ho 2?Q Volt Unit Compressor ` 4. One (1) Bohn &0 AC P.emo�e Condenser � ' , 5. Tcvo (2) Bohn �LR I°4D Coils . `� b. S�lf-feedinb Beer Case and Si:� Pack Racks- Buil� in Sectian ' � B, Tt�o (2) 8 foot Gondo�as � ' � , C. O:�e (I.) Checn-out S�ation cvi�.h tia�f-Pint �i.spiay Ca�e � C • D. Perime�er Disp�ay S�lel.vino - Approximate:ty 72 fee� of T�Tall shelving �� s�rith a Canopy V��.ance: �'�� E, Tc�o t2) H31� (a) CircZe �•iine riaster R2Cks ; ' � � F. B�skets tox Lay Do�an Giines � c G. tiiscellaneaus Stora�e Shelvirio �. All Ec�uipment purchasec� from Display FixtLres, Inc.,�St. Paul, i�iinnesota � I, Attached find a copy of Advertise:�ent .for bids from the S��n l�ewsp�.per, the �� ofificial newspaper for the City o� Fri.dley. " �a � Oj V �, the purchaser, adree to gurct�sse the complete pac�:.age of all Of� Sa2e Lic�uor Store Fi�t res and Equip��ent, as discribcd on the attached list, for the L-ota1. sum.o£ $�.� „�' . Attached finci the 5; bid de�osit in the anoun.t �� $� ir°�" Z, the purchaser, also ��ree to rc�tove a1Z said equip��lent an� Li�:turc.s as �_�rcec3 t2}�on, The payment �or the aoove �urchase �ai1i be by - Certified C't�eck, C1si:iers Check; or Cash in adv�nce of start af rer�oval of equi.pc:�ent or coithin 30 d�}�s if not re^�oved. - ` �, �, ��(� ss % �C� i ,! J 1,�'�'��,, ..' 'r". � ,4t�.�' � � �. x� - .�'� f!� % `' D�1TE __ CO'iF'��:Y ti:1�ri? 4�l: t�.�t'r� /:!- L-' -� �r,n�-r. �+� i '� cl > �y �'-� h,:ii.;r � 41) /'./ f � L' //1.� � ..,.-,- AD,)�:ESS ri-/�>> S/ S-' �S �/ll'- �1 � � '. � , �� g.. . .. � � � '� � � � � � � � � . � � :' � � O � � � � `ts c �. I � o� o .: � � I ' . w. 0 � � - � � Q �� a � w �. c �' a � W . � � . � � •� � . � � t 0 � . .� r . A � � Y"� � � � � � � � � � � �. � � u,, " � � e � � W p � � `lA-+ � � Q `� � � ti � � � � m ~� ,�� ( � �c � � w `�� c �+ �a �, � ° : c� � , �a � � m'`� � � u' � �x a � -� ,� � � � a � �, _ a �, L a A� �_ a � � oc .�S � � d , � �- �: � O . r-! ' . ''� �i � a 77 A o°o � � a a�i �� , i H � w H � O U � Q O �a °a °o � � � . � m � � H O Q �a !aa � � � � � � � � ' ' � � U �r] M • (�t r-� O ;� z -m.t � � • r-1 • 111 • � � . • - r-1 � c�2 o t[� . tn i Q � «� �, � . �? , z � w . � �� o � a � �s z � . u� . I � c> u� � -ri -w A C> . a4 z� ' u� . � sn o aS . C n C s '� a a- t c� O � t'+ �. V; � % -N � Pa Ft GJ O ,c. -,r-yS i� �' -i-> � m � .�-� � ' C.� �� S'-. Lt c 0 w rl � L'. ,� � s:, O f� t � O 3� �' � ,, , � � �; a�va ;�+�� ci o�� va' � �.�ei �ao�� e ��.- � �� c� o o �r�-,� � �� N. 4 � a1 G) .�. (3' r r-4 � � r-. N � O � '�Ci1 t�.p � ►-� •�• ."� r-1 �-4 ' w'''' C.3 � t'i9 t-7 �.' R, C) �`.�a ri � C�. O m� .S'-. r1 L1 r-1 t\! iv � M!� O �7 � ai 'CS R; cJ «-i C� � ►-� «i .�-{ V] � G'� � � .,°� p � ' ' }� CJ �r-� v� C) f-� r-i (=a CJ i:: F� ti c`l ri Vi f� � I� E7 �^-i � Fl O'C� M� U1 O :'� �3 C:� M d r,,,� a�. � , :% tA d �."' O� .t ul M G) C�l Ut O O. O AS �+ .n �'U .r.� 1ll +� a� ►r. � o cv -� o � �. i o � -� j � •o � s: �s o •� o 0 0 � c�t c» . H rl ;� Q c�! :�. �; +cl tY, 1►`� r-t :�, CG r-i W � V�� t�' G� •-� U , i: � � CITY Oc^ FRIDLSY . � APRZL 2S, 1974 • . ' LISTxL�G OF OFF SALE I,I(2UOR STOFtE FxXTLTRES A*TD EQUIPM..x`PiT, ADDITIO,`iAZ, 1'PI�OR2�i�TZOY AIrD xNS2RUCx�O�IS, • _ � - � i � _ - �. ' . � ' - �,. �he Citv of Fridley will seLl the Off sale Fix�ures and Equipment .I' located at 3710 East River Road in the �o1J.o,aing manne:; ].. YTa1Y in - Sel.f S�zvice Cooler - � 2. - Shelving- Gondolas and rsiscel,larieous 2. Each�B�id shall be acco;�panied by a Certiiied chQck, �ashiers ch eck or Cash in the amount of S% of the bid. . ;3. All sa},es ax_e FI�I�L and the purchas� .r must rezaove ail fixtu.res and �� equips:_nt withi.r_ a giv�n p�ziod ag;eed to by t.he City of Fridley. � C�ution must be take� w?�en dis;nan:.? ir.g, as the pu;chaser wa,ll bc zesponsible for al]. d�yage due to neglect or neyligenca. The - �ollo�wi.ng fi�:�t:re orere p�chased J�:ne, 197� an8 va].ued at the tine o� �nstallation was $1$,000.00. . . _ _ •- A. Wa1k In Cooler, co;npiete �a�,th coil, condansess and cnmpressors •. -1. �coler 2.8 feet x 24 ieet � ' . � 2. Ezg:nt (8) Sel£--closing Sliding Doors � • . 3. pne (1} 5 HD Copela:-�e�ic 3 P.H. 220 Volt Unifi Co�p�essor - 4. Oae (i) Bohn 60 AC re.-noke condenser � 5. �aa (2) F3ohn H.q 1940 Coils . " . - 6. Self-feeding Beer Case and Six pack, zac:s-buil.t in sect3an . B. T�o (2) $ foot Gohdolas . C. One (1) Chec',c out statioa with ��lf-pint display case - D. Pexiraete� Dis;�lay shelving • . � vB E. A.pproximately 72 feet of ti•7a1Z shelv�.ng with a. Canopy Valance. k'. iwo (2j �Iai� i�) C�.rc1� :�:in:: b:aster Racks. � � � • . - G. Baske�.s for Lay Dc:an �tiines. � .. . FI. Miscellaneous Storage SheJ.vir_g . ..-. _' � • �. All Equiom�nt purchas�d fzc_n Displ,ay Fix�ures" 2nc-St. paul,bin •� �� J. Attached find a capy of Adve�tise.�ent fox bids f�pm t:�e Sun 21ewspager, the offici,al ne�,aspabex ��r the CS.ty o£ Frzdl.ey. �_ - . \ .` � �' Z, the purchasez, agree to.purcnase the following Off Sale �,iquor . • Store Pihtures azd i:cuzp��nt in t'he a,io;z:.� as liste� below_ . , 2. .Y7a1k in -Se1f Sexvica Cooler` $ �/� , � ,' � , �?,,�. . - � � � a 2. Shelv�.ng, Go:�3ol.as, Wine rac};s . ,'•%i''�� ,LI'�, � �TiC� T;1l.JCe. $ —1 �.`..7 ,�„�• t.` �_ . � � "" l� rr� / � • � ' I � ��/ �%''` y;C,, � Total Ar.i�unt � . �� ..� . J �' ?`� Rf ,, Att�ched �inci the 5; bid d��osit, ceztf�ied checv in thz a�oun� . }i' 1;' of $_; y/. ; y as ins'tructed. I, the purchasaz, also �gree to � ��,'�ti "K�' remave a1J. said equie:r,ent an� fixt�es �s 4c�reed upori. ihe pay- --.. t 1' SS^ �;Z tne:�� for the above purchase i�ill be by Certi£ied Cneck, Cashie.rs • �_ ' �'' Chec�, or Cash in acivance ox xe.aoval of ecuiD ��nt or w.ithin� 30• � �y {• �,w �', �!'' ��; " �2ays if r.nt re:aoved_ / . . - . � ,;i� � 1�. i� : Date--- -�-�!/--- —�—��c/ ^ � ' • �', ^ r/' ./ %' i � L � • • � . '�� J .--- f . �t.i �ti �;� � � .� rl� Nazte _ � '.0 �� :� ;, �,�:�1 iJ ��'%' ;ti RcinovaZ Date � , . � ` '\ Ayreec3 Loon b;�_�_�a:i:2 _ Co�:cpany r� z.�ae „/� J�� S% /-'.' T/l <°� a� D:7.� c� � `� •��' I � ��Y>� �;}`� ��— Add; es� � , 5 <� �' i- %�C? rl 5 T � , . • � v . . � � . V�' , ' ' , ' _ - � r � � j � �� %� City �.(.� ,/.•. ,,� , ,� iJ'� ,r��j `> � r' ;' L- i '�„ Fhone -� ,. . .:-, <; .'a' �i�: > .c. ' t � C�TY Oc^ PRIDL£1' ' � �APR=L 2S, 1974 . I LISTxL�G OF OFF SALE iIQUOR STORE FIXTURES I�*ITl EQUIP�'.�v'T, ADDI�IO_�.'1i, II � • xLiFQr'Lt'_aTiO�i A.*7D INSTRliCTIODTS. ' ' . . • . . . . . .. � C � .. - . . . . � . _ . . . . . � �,. Z'iie Citv af Fridley wil.l se? 1 the Oif Sale Fi.Ytures and Equip�aent " ' .. -' , located at 3710 East P,iver Road in the follo�.�ing manner; . _� �. plalk in - Self Service Cooler 2. � Shelv3.ng- GondoI.as and raiscellaneo�s � ' - � , : � , 2. Each'Bi.d shall �be accor:cpanied by a Cerfiified check, Cashiez�s rheck :' ., . or Cash in the a^!ount of 5/ of the bid. . , ;3. AZ], sales aze FIrtAL and the purchasnx r•_ust remove'all �ixtures and �' • . • �equip� ent withir. a given p�riod agreed to by -the Czty of FzidZey. �- . Cau��.on must be ta:�en w?�en dS.satantling, as the purchaser wz31 b� . -� xesponsible for all �anage due to neglect or neglager_ca. The ° ' "'- fa7.2c�wjng F�ctt:re ware purchased .7u�e, 1971. an�' valued at the '' � � time of instaliation was $18,OOO.QO. . . : •� - ' •' ' - . A. Walk 2n Cooler, co:np? ete �ai'-�h coi3., condensexs � and camp,ressors •. � •.. • ' '1. Cookex 28 £eet x 24 ie�t � ' _ _ . 2. �ight (Eij Se1f-cl.osing Sziding Doars • ' ' ,. ` . 3. One (1) S HD Copelz�Qtic 3 P.H. 22Q Vo�.t IInit Ca�pressor . � . 4. One {lj Bohn 6D AC xe.-no�e condenser .- . 5. Two (2) Bohn H.�t .Z940 Coi�.s - . . . � .- 6. Self-�eeding Beer Case. and Si.�c pack. rac:� built i,n section . � � � B. Two (2) 8 �oo� Gondolas . - - G. One (1) Check out station with Half-pint displag case � .. ' D. Pezir�eter Aisglay shelving - E. Appxoximately 72 feet oi 4;ai1 shelvi.ng with a Ganopy Va�,ance. � �, � � F. Two (2) Half ('�) Circle i•!ine tlaster Racks. . . - . ' . . - - - G. B�skets for Lay Down Kines. • . •� . • H. Misczl�aneous Storage Stielvi.ng � .- ... _ . - �. 2. All Equipm�nt purchased fra:u pisplay Fix�u:es�Inc-St. paul,Mn. ~ � ' J. Attached find a copy of Advertisement far bzds �rom t;ze 5un . Nc7,aspape_ , the official aewspaDer ��r thz Czty af �r�.dlel. • -.; � � � � : � . � �.t . " . , � . � X. the p*.zrchaser, agree to.pnxcl-lase th�,following Off Sale 7,iquor Y . • .'' • S�ore �ix4ures azd F.quip�en� in �e avo�.znt as listed bzlaa_ . l. .Walk in -Sel,f Servica Coo],er' $ . • • ' . " . , . 2. Shelva.ng, Gondalas, Wine xacks ,- . � �An;� nisce. . $ _ . � ' . • 'rotaZ Amount . ' $�, l.l n _ n0 . . Attached �ind the 5p bid deaosit, cert�.fied che�Y, in the a:aount • � • o� $ 220 50 as znstructed. z, �� p��a�z�, also agree ta :. :_ Xa-��ve all said equip:r.ent and fia:t�.:...Yes as agreed u�on_ lhe pay- sae.n� foz the above purchase will be by Certz;ied Check, Cashie...-s Chec`�c or Cash i,n a?vance of xe.;�oval of equip.4ent or within� 30• � , .• days i£ not re.-noved. . - Da�e __ Piay 2, 1974 ' Naaa ,�t; 11; 3m 7�c�i S1 ^k • - • , Retnoval Date ` - : . Agreed uoon. by and Ca:�pany heu:ie . . . . Address 2500 34th Ave. N. E. � . . • � � ,. ' City St Anthony . , . . Phon, 7�9-2111 � � � CITY OF FRIDLEY �. ' � APRIL 24, 1974 . LISTIt�G OF O°F SALE LiQUOR STOc�2.' FIXTUF2ES AND EQUIP�T�'T, AADITIOiIAT. IN�OR.t�L4TIO�I ANA ZNSTRGCTIONS. • ' . ' � ' , , . ' - � ' , � . � I ' , 0 1• Th° City of Fridley will sell the Off Sa�e Fixtuxes and Equipment I iocated at 371Q East River Road in ttte fo].la.�:ing manner; � 1. Vlalk in - Seif Service Cooler • . 2.. Shelving- Gor.dolas and miscellaneous � 2. Each�Bid shall�be accom�anied by a Ceztified check, �ashiers check or Cash in the amount of 5% of the bid. • :3. All sales are FIN�L and the purchaser n•_ust remove all fixtures and � equip.:ent within a g�ven pariod agreed to by the CitX of Fridley, CautiDn nust be taken w!:en dis:,iantling, as the puzchaser will be Xesaonsible for all �arctage due to neglect or negligenc°. s^he foll.owing fix��:re were purchased June, Z97.1 and va2ued at. the time of i,nstallation was $I8,000.00. A. Walk in Cooler, conp].ete with coiJ., condensers and compressors •l. Cooler le ieet x 24 Peet •� ' 2. Eight (8) Self-closing Sliding paors � 3. One (1) 5 F:P Copelz�etic 3 P.H. 220 Vo1,t Unit Co�npressor 4. One (I.) Bohn 60 P.0 ramate cor:denser 5. Two (2) Eohn HR 1940 Coils 6. Self-�eeuing Beer C�se and Six pack, xaeks--bui�.t in section B. Two {2} 8 foo� Goncolas C. One (1j Cnec'�c out station with HaZf-pint display case D. Perimeter. Disnlay shel.ving . - � • �. Appraximately ?2 feet of 4�a11 she3.ving with a Caxiopy Valance. F. Tvro (2) Fiaif ('-q) Circle t-;in� Master Racks, G. Baskets for Lay Down t�ines.� � � H. Miscellaneous Storzge She7.ving • ,.Y • I. A1� Equipment purchase3 �ro:n Display Fixtures Znc-St. Pau1,Mn J. Attached fin3 a cepy of Advertxse.z�ent �or bids from t;�e Svn Newspape�, the of�icial newspaper ��r the Citx of Pr�,dley. \ - .� �. I, the purchaser, agree to pux�chase the fol2owi.ng Oif Sale 7[,iquor � Store Pixtures and Equipment in the amount as listed below. 1. .kralk in --Self Service Cooler� � 'I,200.00 ?.. Shelving, Gondolas, Wine racks � pnci r.r�sc�. $ - 0 - � Total Amount $ ] ,,�q . 00 . Attached find tr*ie S% bid de�os3t, cert3fied check in the amount • of $(1Q OQ as instructed. I, the purchaser, also agree ta reraove all said equipment and fi3:tures as acjreed upon. •Tne pay- � Lzent for the above purchzse will be by Certiiied Chec]c, Cashiexs Check or C.:sh in advanc4 of re.moval of equipaent or with3n' 30• d�ys �f no� re.moved. � Date May 2, 1974 � Name Wi 1 1 i am 7.acai � i ak Removal Date Agreed. u�on by • and Coa�oany Name � , � Address 2500 34th Ave. N. E. ` . City �hon � - � • Phone 789-211 �� C ITY 0�' FR IDLEY PETITION COVER SHEET � �. _ '. �� Petition No, �-1974 Date Recezved May 6, I.974 Object Opposed to the rec{uest by Midwest Relay Co. and General Television Inc, to construct, operate, and maintain a free�standing tower fox cable television purposes atthe 1.5 million gallon reservoir located W of Matterhorn �lr. on 53rd Avenue Petitian Checked By Date , Percent Signing Referred to City Council Disposition �--.._�. � �� a.t reso�ved that we, the undersigned, are oppose�l to th� request by iiid�est �Qlgy Company an3 Gez�era2 Television Inc. to construct, operate, and maintain a free-stanriing toWer for cabl� television purposes at the 1.S willior, gal2on reservoir located West of Hatterhorn Drive on 53rd. Avenue. The reasons are as folloWS: 1. We are opgosed to the use o€ public 2and £or private ez�terprise. 2. We are opposed to the appearance csf s�ch � tower in a residentiai area. 3. We are o�poaed because of pvssfble interference to oux present television reception. � 4.. We are opposed to the increase in local tra£fic caused by the coustrucCion, operation, and maintenance of this to�et. 7 5, we are appased to the potential danger it would present to vvr children. 6. We are opposed to the possibiiity af additianal equipment bein$ installed on or near t�e progosed ta�er, and question what restricCions will be placed on fuzth�r escpansion. 7. We are opposed ta the su�j�et �Crf�� au� to probable creation of audible n�is�s due to wind and vibration of the to�er. 8, �� qu��tion the fairness of limited resident notification of this haaring. aad fa�rther question if noz�mal zoaing proceslt�res are beiag circnmv�nted bq placing this to�aer on publir prop�rty. 9. W� ask f�r an expianatian of why c�ar resid�ntial a�'ea s�ras select+�s� as a , loc�ation and nat a moxe ��ropriat� co�a�rcial area. 1Li. 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Maore are r��ttng ths ab�v� resoai��t � fc�r �h�air �aefft, I s� requ�r�tiz�� ar,� #tzt�ra�y� be �r�t�ct€�i, a� sa�tfn� ox�clfn�nce� 3mp1y, b� tzo� al1r.�,��ng asav rem�or��n� ir� th�s araa. � �t tk� ��a� o�' i�sreh 22i 9��, I�r. ?��,�8 r�ised e auestlo�t �a to the lasdat.ins�re p��c'a�ss�n� t��ir prese�t �rc,��r�4 1f t3?� 'Love� h�d e]. s*aa�� b een �u� I t. I n s�o �c� e� � ner�o��llq cc�nducted r� �urvsy o�' tbe ar�� prior to p�c�e�eding ��ti� �i�e pt�—�haa� a� rsv �ro�er�;y, I , �egl a ta��er in thia ares �+ould cart�lnl� h�v�s beer� e. cc,ns3�'eratir�n. � I�. 1�Pe �Iea �d� pois�t c�' the aes��c v�il�e of oa,�r �r�perty not b�iag �srrec� be the t�,uero �sra �re� ha�e cz�t oae, but s�veral uointe io enng3ders 1. Wou3d not ths �e€�thet�c �lus of t�� t�ur�ou�3it�g �iroper�g add � mar� tm his 1�p i�t to�rs� ar�d �e�sr_+, ,�a�,�n th�n �:%e tower taouid �dc� to �l�e aurroubding px��ertg. ' � � � �. � ' 2. �h� ��ter �,an3c h�s ber,n tha snb�sct o�' much ciiscuasian. Xt �a tsau�h� ��t t�t �re alr�ad�v hasre tre t�s�ir sa vbv not the to�r�:�. 1^hi$ �s li�� s�qiz�g, �� h��e one i�r�k�n iin�err ut;y �� v� tvo — a�d pa��ibl�► �aora. ° I��re� wi�h I�. l�are�; th� ��rai�r tar�k �� n�� the �at r�ea�ra�le ��i��ion to tl^� l�nds�a�e. �.��a�r, �a4th the tank, I h�v� ��.so� t� feel t��s �z�p��;r��e ta�ll be keat i a sach a �an�er s� �� to �a�e �t ae da�irabie �s F.�sss9�I� wi�th s�:ch a st��:�tc::�e. It �� pub2�ely o°wrr�ed. Fiz�-�� c�rrara ar� +coz�st3ntl� ettccsuatsr� mg the rz-ca�Ie�, �f cii�sMuis�n� or b2et��}ing into the3r la,�dseanin� such Ac�?44��,* iis�ys �s �strr��t s��s, s�a� Sig��, ��.�a p2u��, �Qs �ier€�, etc, T!ae�e ite� ar� u�t�11y conce:aled o� di�traetec3 #`ro�^ bgt the u�� or ��.rt��,, ?�od�as� or a�h�r at,tr€�etjons. I� i� harc� fmr �e t� vf�;s��li�e i=ou P�. �oors ifl��r�!3� ta c3��i�e n� detr�a� t�{t�r.ti�:� �z��s� �r� �r.�3ghtly tow�r �y t�� uas ai` s}��g sA3 h°''ge�. Cert�5nl.y a�e�^e G�:��blo of o�rYox-�3�n t�e fnnct#ost i ' : � h� �an�s ;z� �a b�liav� i� wa��d, ��uld �e qu�'� a. �au��s-� attra��€�n. P�. i��r�'s clair� �a .��;�e u��J.�3 ts,�;a nr.s� �+� f��^ his �:-� x��dio �rva�c��°t�� %�a� �c�;° ��s �.�5�...�' �►� �,�.,j;;;�,,�',�• 3. Ar.th�u�h I�-�83f am �at dir�c�L1y �.�s�ais±�� a��.�t�; ��i r-��$c, bro��caetix��m T �'ee� I Y�ft��s� ��a€'�'��1��t �ac�c�°��.�� .r� �i;e ele��ro�ie3 i�i�atry t� t,sj�C$ +��ca �� t.�� s��ce P�. t�� p��e�t� a� ta �rat�'��-�'� rac�ic� �� :�.a�vis��z� �ecent3on °�r�.�� u�� L�t�� a ��e�t; Q.�. ��re ar� e��u�h ��tancs� �n ree�rr�l wfih ��ra.1 Gr�:�.:nxcst�a�? �a�ie��c� to �aarargxst el�r��i�'�i�p �l�e sr�a c�.oss to ��z��±i�t�in� �u�er a �uis�r.csa a�°t�. In m� o�ir��.an, th� b�a� �s�y va �r��e�t �k�3€� �.�°�� 'ro°� '��c��i�g aa u�i�h��9 nu��an�� won3d �e � r�t:� � a fi�:� R. ��c�� r� 1st �. ?�n�r� build hs s+awer i� a�aore su:�t$bZe �a��. Tr:e srea �^as ��rrs Fr.� 3s ��n� ��el�;-�ed �� s �t�:r�c}�.� resi�ent�� r�rea. F'�:tur� dprr�lo�nt el�� 'r�s� �� 1�n�s c$a �n�y rA�u3t f`ror� tY:e Pi�nQ�� C�nuri�sie�c� u�i�g it� �c�c� ��s:rt Pn� e�enqing az� re�a�ng iA �nis az�as. P�s��e�f't�i lv, ��e�t � . Qu3 i ck� �, , s,_ �„�— � ' ' � CITY OF FRIDLEY MEMORANDUM T0: , NASIM M. QURESHI, CITY MANAGER FROM: MARVIN C: BRUNSELL, ASST. CITY MGR./FIN. DIR. SUBJECT: LEASE AT HOLLY CENTER DATE: APRIL 5, 1974 � � The present five y�ar lease at the Holly Off-Sale Store runs out on August 31, 1974. I have talked to Mr. Levy concerning renewal of the lease. I also have informat�on on other leases around the.area. ' The information on some o� the other Fridley leases and some of the leases of other communities is as follows: � �Fridley Shorewood Store - Main Floor - 1,820 sq. ft, at $4,550 per year =$2.50 sq. ft. Fridley East River Road Store - 2,400 sq. ft. at $6,OQ0 per year =$2.50 sq. ft. ' Blaine - Liquor Store #2 - 3,000 sq, ft. at $525 per month =$1.75 sq. ft. Liquar Store �3 - 3,250 sq. ft, at $1,343 per month =$4.16 sq. ft. ' Coon Rapi�ds - Liquor Store �2 - 3,000 sq. ft. at $715 per month =$2.38 sq. f t. ' Liquor Store #3 - 3,040 sq. ft. at $800 per month =$2.63 sq. ft. Liquor Store #4 � 3,040 sq. f t. at $1,52Q per month =$5.00 sq. ft. ,' Anoka - First Floor #1 - i,500 sq. ft.at$350 per month =$2.33 sq. ft. Basement Store - 1,500 sq. ft. at no cost. . � Liquor Store #2 - 1,lOQ sq. ft. at $400 per month =$3.63 sq. ft. ' The history on the lease at the Holly Center is as follows: 8/1/69 to 8/1/72 - 2,700 sq. ft. at $6,300 per year =$2.33 sq. ft. ' S/1/72 to 8/1/74 - 2,700 sq. ft. ai $6,660�per year =$2.44 sq. ft. . The lease proposed by Mr. Levy for the next five year period is as foliows: 1 8/1/74 to 8/1/76 - 2,700 sq. ft. at $7,500 per year =$2.77 sq. ft. ' 8/1/76 to 8/1/78 - 2,700 sq. ft. at $7,800 per year =$2.$8 sq. ft. $/1/78 to 8/1/80 - 2,700 sq, ft. at $8,100 per year =$3.00 sq. �Ft. � I � .._ - ,. 1 ' T0: SUBJECT: PAGE 2 NASIM M. QUR�SHI, CITY MANAGER LEASE AT HOLLY CENTER The lease as proposed would be approximately nineteen percent higher than the first year of the lease negotiated five years ago. This means the average cost increase per year would be 3.8%. •The proposed five year lease would rise in price by.approximately eight per.cent during the five year term of the lease. Based on the cost of leases at other locations, both in Fridley and in other communities, and based on the amount of increase in the lease over the iast five year period and far the coming five year period, the increase daes not seem out of line and I recommend the City accept the terms of the lease. All other conditions of the lease would be identical to the lease presently in effect, a copy of which is attached hereto. • � � � n 6'fOBE LEASE • Form SCS9. 8 ,. r � �nbenture of �ea�e • • � � THIS LEASE made and eniered lnto this day oE - 19 7�= by and between PROJECT NUMBER SIXTY-ONE CORPORATION, having an office at 110 Titaes Building, Minrzeapo].is, Minnesota a corporation organized and exisiinq under ihe laws of fhe State o! 1`4innesota � L_ J � � � � � � ' � � � hereinafter refeaed to css "L�dlord," cmd CITY OF FRIDLEY, MINNESOTAt - City Ha1Z, Frid}.ey� Minnesota a corporation oreanizec3 and exisiinq under the laws of the State of Minnesota hereinafter referred to as "Tenant," WITNESSETH: I. Premises: Landlord hereby leases to Tenant and Tenant accepts from Landlord the store deser�ed-ert- r_,_:L:. -��.• t___._ _.,__�_� __a _.. __a__,.._._L_��_hereinafter referred to as the "leased premises" o�;d known as Stere 6590 University Avenue N.E. loCated in �ef� the shopping center known as Frid2ey, Minnesata, a store approxi- HOLT.Y mately 30' inside oi west wall to outside of east wall by 90� o.s.d. 2. Teria: TO HAVE AND TO HOLD the leased premises unto Tenant for a term of five (5) years commencing on ihe . 1sL day of August 19 7}� and ending on the , 31st dcxy of July 19 t�9 , unless extended or sooner terminated as here- inadter provided. 0. Occvpaaay. Abatsmeat ot R�nt Notic�a: aro not subatantially completed on or betore said eo�nme�ne,Btae�t�qte, of Tenant and not ior the �purpose ot consumafing a sate aa '� � � the rentals hereipafter reserved shatt abafe unH! ' eas+d�f'� ed premtses tberetofore�been made, at, in, from or upon the Ieagad�¢ emises or for have been suts�antially completed, or a�e� atore ope�s tor busf- the pu:pose oE depriving� Landlo�d of the b ' oF a sale whtch other•� neas. whichever date Is earlier e term and renfaia shaU continue wise would be made at in, tro pon the Ieased premtses; nor ior a period ol shall said te:m include ount of returns fo ahippern or manu- . . . Iacturers, nor th unt oE any cash. or credSt refunded made upon � � any sal re ihe metchandis�3 sold, or some part the[eof, is th6n• . Rent fot a partia] mon�h shall be prorated. � �' _ � t. iwas� Ysas.� The term "lease year' ae used herein shail mean a . pariad of fwelve wnsecutive calendar months, ihe tirat of which lease yea:s a(ter the expiralion of each le�s± year, all salea tecords, sa ax yeara ahall commence on tha �iirst day of the arlendor month aucceed- � rePo«s and business and occupolion tax reporis, which ,ehakY6e oAett � inq the date of the wmmencement o[ the term hereo{ i[ such date sha11 ro the inspection and audit.of Landlord and its agenta�¢f"afl reasonable occur on a day other than the first day o( a calendat month. Subse- timea durinq ordinory business hours. Tenant shalYkubmit to Landlord quenl lease yeare shall run consecutivefy, each commencin4 upon an on or belore the tenth day of each and eve calendar month (except- annivecaary oi Ihe commencement of the tirst leaas year. inq the lenth day� ol ihe tirst month o e term hereo! but [nctudinq . the lenth day o! the month followi � e end oE the term), at the place 5. R►nL Tenant covenanta to pay to Landlerd a! the ollice of �the �hert fised lor 1he poyment rent, a wrltlen e�latement siqned by � Landlord, 110 Times Bt1�I(.�lrig �. � Tanant, showing the a nt of gross sales durtnq the precediny. Minneapolis� Minnesota cclendar month an ctional month, it any, and shall su6mlt to Lnnc- . . lord on or be! e thirtieth day following the end of each lease year at the pla en fixed lor the payment o[ rent, a statement by a ceriffied ot at such other placa as I.andbrd may [rom lime to tlme deaiqnate in Put ' ccountont, signed by Tenont showing Ihe amount of qross sales wrttfnq, rent lor the leased p:emises as tollows: � • (q) Mfdmum A�nF. A fixed annuat minimum rent, herein called "min- t orlqinal statement preiudicial to Landlord's recei t an amount �imum rent:' of x 7 ��•�� eaeh year for t he Pirst squal w or qreoter than 1% ut t o rent teported by Tenant'a and second year o£ �his lease 8IIC3 Of $ 7� 8�.�� 88CY! stateRrent for th e oudit the expenses oi the audit shai! be ysar for the thixd and fourth year of this Zease • _ 8T1C� Of �Fi ��000 forthe fifth year of�this lease B.Mainlenancs ot Commoa Areas. The porkinq atea and mall � �payub� in advance in successive installments of one-twelL�h (t/�2) (ormirg a parf ot said Shoppinq Center shai! be available to all lenonls, fhereof, each on the first day of each and every calendar month durinq their customers and invi�ees. T=^^^� ^^ - -- the temt o( thie Lease. . . � � additional reN may be estima�ed by Landlo:d, subiect to adiu • nts 1n tuture billinqs to Tenanq a proportionate share ot the of oper- pay a9 addliional :ent, herein cafled "percentage rertt;' �oun6 a��nq, Ilqhtinq, cteaning, removinq snow, policin ' suring agoinst _ . msualties, iniuries and damaqes which may in such public areas � ff eny, by which � � °/ya ross salea In each lease year and o�herwise property maintain, operat� and repairinq !he parking ezcaeds Ihe minimum rent `�same lease year. Percenfage rent for area, mall and othe: areas com ro a!1 tenants of the Shopping pa�liat leqso yea be prorated. Tertant sFall pay to Landlord Ihe Center in the ra�io ot the n er of square feet ot area usable !or petcenl , if any, on or be}ore the thirtie�h day followfng Ihe end mecchandising purposes ' e]eased premises to the number of sqvare (eet o( area used ierchand:sinq purposas tn the buildinqs eompdsinq � ine Shoppi entec 7he cast of maintai�inq and operat�nq !he com- � " "' ' mon s shall nof inciuda real estate taxes, special taxee, or aaeria! aetucl eales price, wb�lher wholly or panly tor cash or on cr ., of all salen of inerchondise and services and all o�her receipts all busl- neas rnnduc�ed in or from Ihe leased p:emises, inclu ' all deposits not retunded !o purchosera, ordere �aken in or fro e leased premises atthouqh safd orders may be lilled elsewhe , and salee by any sub• lassee, concessionaire or llce�see in or m the leased premises, and all wllhout credit Io Tenant !or ynco ed or uncollec�ible credit accounts. There ahall 6e excluded fro qross sales" any sums collected and paid out 1or any sales or fax basad upon Ihe sale or sales ot marchandise and ra red by law, whelhar now w hereatter in force, to be paid by ant or collected irom ils customera, lo �he eztent that such taxe ave been added to and inc)uded In the gtoss aales price. Tha "qross sales" shall not lndvde tbe ezchanqe of inerchandise 9. Us�. [t fe underslood ond aqreed tha! the leaeed premlaes shall 6e used and occupied by Tenanl for p�'f �Sa],8 liquor $t.OI'8 j � � � � � � � � � � � � � mtd 1or eo olher purpoae and atl in compHancs with all appllcable � laws, ordinauces and govemmental requtations. T�en. ��i,:.. ..nx ....it... h.��:neea ..�irf.in .,.,J:.... ,.( _ e�� ..ete r.. ,.�e .,p .,y „i�„r,.�r„ i:,. No auction wles ahatl bs conducted In the teased premises wilhoui ihe advance w�lten consent of Landtord. ' 10. SuDordlnaHon: At Landlo{d's option, this Lease ehafl ba and fe aubotdinated to any ezlstinq mortgagas coverinq said ieased p:emieea, any eztension or renewal thereof, or to any new mortqages which may ba placed thereon trom time lo time. Provided, however, anythinq ro the tontmry conlained herein notwithslandinq, every such mortgaqe shal! �xoqnize ihe validity o[ this Lease tn the event of a foreclosure of the Landlord's intereat �as lonq as tha Tenam shaR not be in detault under Ihe terms af this Lease and provided Teaant has not�anticipated more than sixty (601 days reat in advance by p4yment ro Landlord or in any other way. Tenant shall execWe whatever inatruments may be required !o e!lect sucn subo+dination, 11, Cars o( Premisea. Tenant shal[ not pedo:m any acts or carry on any pmcfices which may iniure the building or the leased premises or be a nuisance or menace to other tenhnts in the Shoppinq Center and shatl keep the premises under its control, indud:'nq !he sidewa;k adjacent to the leased premises, dean and lree lrom rubbish and din at a11 times, and shall stoze a!I trash and garbaqe within the leased premisesand orrange for 1he reqular removal of such trash and garb4ge. Tenent shall no1 burn any irash or.qarbage in or a6out ihe leassd premises or anywhere else wilhin Ihe contines of said Shopping CeMer etcept in incinerarors, il provided. Tenant shall nol keep or display any merchondise on or otherwise obstruct the sidewalks, mall or areaways . adlacent to the leased premises. Tenant shall not ovedoad any iloox in the leased premisas, and shall remove ice a�d snow trom ihe peL.r�wd sfdewaik in }ront ot ]eased premises. Tenant shall comply with all re- qutremenle ot lawa, reslricrions, and agreements with the City, applicable to the leased premises. Tenant shall Sorthwith at its own cost and expense replace with glass ot ihe same quality any broken glass in exterior and Interiot windows and doors in or upon the leased premises, including plale glus. Teqant ahall procure and maintain durinq the term o( this Lease, a pd.icy or policies insuring Landlord and Tenant as their interesis mny appeor, against breakage oE�oll such gfass in the leased premtses and shaU deposit such policy or poficies, or certiticates evidencing iheir existence wfth Landlord at tha commencement o( the term aad at teast len daya p:lor to the eupiration of each poticy. At the expiration of the tenancy hezeby created, whether by the elapse of time or otherwise, Tenent shall surzenderthe leased premises in good condii3on, reasonable wear and tear and damaga by fire ezcepted, and �hall surrender a11 keya for the leased premises to Landlord at the place Ihen lixed for ihe pvymanl of rent: 12. Inalaqation of Fixture�. Rt the commencement ot the term and dwing the lecm, Tenanf, at Sts own expense, shall provide, install and .maintatn fhe necessary lightinq tiztssres, store fiztures and [toor coverinq required by it, and ait interior.pdinting�and dernratinq. Tenant aqrees not M ins[QII any trade fistures, equipment or lighting fixtures that fs not union made qnd does not have a union lobol affixed ihetelo and aqrees to employ only union ]abor in ihe installa�ion ot said ti�ctures and equipmen4 19. $spairo, Landlord shall keep the foundat(ons, exterior masonry watis and root in qood cepair, except that Landtord shall not be requirad to mate any such cepairs which become necessary or desirable by teason of the ne4liqertce of Tenant, its aqeRts, servants or employees, and in atl other respects the leased premises aha21 a! a11 times be kepl tn 400d ordeq rnndition and� repair bY Teaant. � � 14. Couduct o( Buainesa. Tenant shat[ not erect, dfsp[ay, or af(ix any s3qn, b, upon or abcve tfie leased premise$ pr ihe buitdinq in which the leased premises aro siwafad, without, in each ins�ance, the pcior wrilten approvai ot Landiord. Tenant sha21 not use any adverttsinq medium that shait be a e�uisance ta Landlord or othec Tenants, such as ioud speakets, pho�oqr�phs or radio, broadcast in a manner to be heard outside of the leased premises. Tenant sh¢i! no! ens�oll ony ex- terior tlghting or plumbinq fixtures, shudes br owninqs cr ony exterior deco;ationa, or paintinq, or build any �eaces: nor sha11 Tenant instoll uny radio or television cnlennae, ]oud speakers, sound ampliHers, �or stmilrar devices cn the roof or exterior walls oE tha building unless wlth 1he advance written con,ent o[ Landlord. � �All display windows shall be kepf well-Jighted, eod_TawawLy}qii ion,� fhm ��..ra ..� 1.,. h ti� i . �_ ��7. o nn o�t +---r T..��m.t..ya ..nn C �rl y T K�� L. � �.�,....�._ o. o�R ,.., c�, ,a,.._ Tenant shall open its store tor~buainess at the commencemenl of �he term or � ��o��- and Tenpnl shall conduct its busdness in a lawtul mannet and in qood faith .,ed__:., e.,,-�. ,., .��...� �.. dk a wiu�J. i. mn�ir. m ..m..• n� ..! .�....� (...... 4,. �... _ . . Tenant shall maintain on the premises a snbstaniial s�ock oi qoods. waces and m=mhandise and equipment, adequa�e to assure successtui operation o! Yenant's business, and shatl empioy clerks, salesmen and others suttictent for the �rvice and convenience oE customers. Tenant aqrees to a6ide by such rules and requlations for the conduct and prwn�tfon of businoss in said Shopping Cen�er as are reasonably es- labttshed by the Landlord. � „� ti„�;..e« ...�,�..�, ,..a:.....� ia a.. , �...� ��,e a., � . . spscfal pasea3mant tazas assessed qqoinst Ihe leased prem- ex- eesa o( twemy par ceN (20°.6) o( the minimum r ereinafter te- ferrad to qs 4us RenU. The Petcentage R a be reduced by the amount at 1ax Rent paid by Ten a accounting fot each lease year sha!! be independent y o�her )easo year. The tazes assessed � ctqoi�at the leas •mises shall be that part of the tax bill as Ihe ratio o! umbar of square leel of the leosed premises is to lhe , .. . . __ . . __. . . . _.. . .._. . -. _ ..._ _ .35. Alurcltoas-]nstcl]aHon�. Tesant ahall nol make any al�aratlons 10 (` in or addilions to the leased premises no: make any contract thetefor, 10 �• without first prxurinq Landiord's wriUen consent and delivering to Landloid the plans. specifiwtions, and Ihe necessary permits, all in torm and substance satistactory to Landlord, and fwnishinq indemnitication against liens, costs, damages and ezpenses as may be required ty Land- lord. AIl alterations, additions, improvements and fixtures, other than 'fenanYs trade lixtures,, whtch may be mada or instaited 6y either Land- lord or Tenant upon the leased premises shatl be the property o! the Landlozd and shatl remain upon and be surrendered with the leased premises as a part thereo(. al[ w�thout compensation or credit to Tenant, provided, however, if prior �o said termination, or within Siiteen days thereaEter. Landlord so directs by wtitten notice to Tenant, Tenant shall . promptly-remove ihe additions, impcovements, fixtures and instollotiona which were ptaced in the teased premises by Ten4nt and which ore de- s:gnated in.said notice, and repair any damaqe occasioned by such removals, and in default thereof, Landlord may affect said removals and repairs and Tenaat will pay to Landlord, on demand, the cost thereo( with interest at ihe rate ol seven per cent per annum trom the date ot auch removal by Landlord. 16. insurancs. Tenant shail not carry any stock o( qoods oc do anythinq in or a6out the leased premises which will in any way impair or invaudate the obligauon ol any policy of insurance ot Ehe leased premises or the buildinq in which the leased� premises are situaled.� ienant a4rees to pay, upon demand, ax addihona! renL ony increqse in insurance premiums resultinq trom the business carried on in the leased premises by 'l'enant, whelher ot not Landlord has consenled to same, 1T. Deliveeiee•Parking Cms. Afl' loading and unloadinq ot mer- chandise, shall be made throuqh proper service doars. Tenant and its employees shall pazk their cars only in areas desiqnated by Landlord from time to time. 'Cenant cgrees that upon written notice fwm Landord, it will within five dqys turnish Landlord or its authodzed.aqeni the State automobile Iicen�a num6er assiqned to its automo6ile Ot CO1P mobiles of al1 its employees emptoyed in tha leased premisea Tenant shatl not at any time park its uucKS or other delivery vehicles Sn the parking are4. . 18. Covenent lo liold Harmleaa. Tenant agrees to fndemni(y and save Landlord harmless against and from any ¢nd atl ctaims, damaqes,� costs and expense�, inuucling reasonab�le attorney's Eees, arisinq from the conduct or management of the business conducted by Tenent tn the leased premises. It is iunher understood and agraed that Landlo:d ahc;ll not be liable, and Tenant waives aIl dmcns for damaqe to person or property sustained ty '1'enant or TenanYS employees, aqents, servants, invicees and customers resulting lrom the building in which ih0 leased� premises are situated or the leased premises, or any equipment or ap� purtenance, bemminq out of repoir, or resulting from any accident in ot about said bui�ding or ihe leased premises, or iesultinq directly ot indirectly trom any act or neqlect of any other tenant in said Shoppfnq Csnter. liability insurance, insucing Landlord and �fennnt o cync �ary to property, person or loss ot life nrisinq out o sa and occupancy ot the leased premises with ]imits east $5,000 property damaqe, $10A00 for one petson a�d-554r�p00 for ong nUmber. oS�petsons injured •o_s •k;_il,le�.d �� e accident.and shall furnish to Landlord, Lrom time ""�"_� """_---�,;-..-._._..< <_;,�,i�yici�, 19. Asaiqnment or SubleMing. Tenant agrees not to sell, assiqn, pledge or in any manner transter this Lease or any estate or interest thereunder and not to. sublet the leased premises. or any part '�r parts ihereot and not �o peimit any licensee or concessionnaire therefn without the pcevious wnuen consent ot Landiord i� each instance.� Con- sent by Landbrd to one assignment of this Lease or to one sublettinq of the leased premises shafl not be a waiver of Candiord's riqhts under this Article as to subsequent assignms�t or SuLI_tUnq. �andiotd'a rights to assign lhis Lease are and shall remain unqualified. 20. Acaess to Premi�as. � Landlord reserves the right to enler upon , the leased premises at all reasonabie hours for the purpose of inspectinq the same, or of makinq repairs, additions ot alterations to the buitding in which the leasxd. premises are located, or to exhibit the leaaed premisns to prospective tenants, purchqsers ot otheis, 21. UtiAties. Tenant shall pay foc all heal,� gas, water, electricity, sewage and garbaqe disposal service. (which spid ulility services are hereinoNer in thls Article referred to as "said services") used in the leased premises. IE Landlord shall elect to supply any one or more o: all of said services ro the leased premises, Tenam shall accept and vae such of said services as are tendered by Landlord and pay Landlord therefor at �he wtes which would be charqed if said services were bought by Tenant from the municipality or otfiar servfce corporation which would otherwise supply such ot said services as ara furnished by Landlord. In addifion to other remedies, Landlord, upon not less than tive days' notice to Tenant, may discontinue furnishinq such of said servfces as a(oresaid as are not paid (or, and no such discontinuance shalt be deemed.an eviction or render Landlord iiable to Tenant tor damaqes or relieve Tenant trom perlormance of its obligalions under this Lease. ]f Londlord shall elect to furnish said services or any one or more ol tbetn, Landlord shall not be liable to Te�ant in damages � ot otbe:wise should the furnishing of any one or more of aoid services be inierrup�ed or required to be terminated because oE necessary cepaira or improvements or any cause beyond ihe control ot Landiord. Upon not less than thirty days' notice in writing to TenanA Landlord may cease �o furnish any one or. more, or all, oE said services without any respon- sibility io 7'enant except to connetl the service facqities with such othet nearby source of supply as may be available tor such o( aeld aetvlcee ao disconlinued. � 24. UnlsncnlabSllry, In the event the leosed premises ahall be de- stroyed or so damaged by flre, explosion, windstorm or other casuatly aa to be �ntirely �ntenantable, Landlord may res�ore ihe leased prem[ses w:inin a roasona6le �ime after such destruction or damaqe, or may �enninate this Lease and the term demised as o[ Ihe dale ot the de- struclion or damaqe. In eiiher case by givinq "lenant no�fce within aixty daya atter Ihe date of Ihe deslruclioq or damdqe. .� ln Ihe event the leased premisas ahall be damaqed as a(oresaid Shouid Landlord be fn detwit under the lerma of thfs leaso� but are not thereby rendered entirely un�emntable, Candlord shatt re- Landlord ahall have reasonable and adequate time in whtch to eure store the leased premises with reasonabia dispatch.� Landlord shatt r.ot �he same after written notice to Landlord by Tenartl of snch default. be Ilabte or responsible for any delays in rehuildinq ot repaicing due �to � � strttea, tlots, acts of God, national emer9ency, acis oi public enemy, ]SU% oi lhe gross saias raquirad to pay the minimnm renyker m ra• qovemmental laws or regulations, inabili�y to procure materials or served, at the perce�tage rate specitied ln Sec�io�he Landlord labor, ot both, or any other causes beyond its control. mcy ter.ntnate thts lease by written not�ce t an! of its intentlon to eo 29. Aemsd3es.. Landlord may lecminate the es�ate and term demised termtnate at least n(nety (90) d rior to such terminalion date; by ten days' writren notice lo Tenant upon the happeninq of any one �or however, Tenant shall havg.tit nght to nullify such termination, p:ovldad mora o( � the tollowing events, and the samA nre no� remedied within Te�°°� Prior to s rmina�ion date, aqreee tn wzi�ing with Landlord that th� m annual cent shait be increased to 150% of ihe mintmum thtrty (30) days atter notice to Tenanh (a) lhe making by Tenant o( an �� ipa { �, �y��.� eh� �e ..� y�ti+- �s--^- assignment [oc Ihe'benelit of its creditors; (6) the levying ot a writ of 1 � elcecution or attachment on or oginst the property ol Tenank (d in the � evenl proceedinqs are instituted in a courl ot comperent iurisdiction 44. NoHes�. Any nofice tequired or permitted under thls lease . (o[ the reorgani2ation, iiquid¢tion ot involuntory dissolation of Tenan6 a�hall be deemed sufficiantly given or served ff sent by teqialeted matl or tor fls adjudication os a bartkrupt or insolvenL or tor the appointment to Tenant al �he addtess oE the leased ptemises, of a cecetver of iha property of Tenant, and said proceedings are not dismissed, and any receiver, trustee or liquidatot appointed therein d'ucharged, within thirfy days aUer tAe institution of svid proceedings; . (d) the doinq, or permit�inq �o be done by Tenant of any act whtch aeates a mechanics lien or daim therefor agaiast the land or buildinq � � � ol which the leased premises are a parh, and 1e) the failure oi Tenant . to pay an installment of rent wiihin ten days after due or to perlorm� - � . uny other ot its covenanis under this Lease. � . vnd . to Landtotd at the oddress then {ixed tot the payment of rent Upon Ihe termination of Ihe estate� as aEoresaid, Landlord may and eitker party may by like notice al� any time and �trom tims� to , raentex Ihe leased premises with o[ without process. ot law usinq f�m= designate diiferent add7esses to which ttotices shall be sent. Notices - suth force as may be necessary. and remove all persons and cha�tets qiven in accotdance wtth these provisions shall be deemed ¢ecelved � ihere[tom o�d Landlord sAall not be 1ia61e (or damages or otherwise when mailed, � � by reason o! re-enlry or termir.ation of the terms oE this Lease. Not• . . wifhstandinq such . termination, the liability o[ Tenant tor ihe minimum g5. General. Nothing contained ln thia Levse ahall be deemed or ient provided for hereinabove shall not be extinguished tor the ba[ance �onstrued by the patties hereto or by any third party to cre¢te the ot ihe lerm remaiainq alrer said termination, and Landlord shal! be relationship oE principal and agent or of partnership or of )o1n� ventute enlitled to recavet immedialely as liquidated damaqes an amount equal or oS any association b3tween Landlocd and Tenant it being expresel9 lo the minimam rent for the said balance o[ the term �ess the.fair undersdood and agreed ihat neither the methal�of compvtation of rent rental vatue of the premises for the said balance bl Ihe term. . nor any other provlsion� contained tn this Lease nor any acte of the In ihe eveM o[ any breach hereunder by Tenan6 Landlord may parlies hereto shall be deemed to cteale any relQtionship betweea Land- Immediately or at any time thereafter, without notice, cure such breach locd and Tenont other than � the relotionship of tandlord and tanant. lor lhe accounl and et ihe expense ot TenanL It Landlord at any time, . by teason o( such breach, is compelled to pay, or elxts to pay, any sum of money or do any act which wilt require the paymeni of any ' ' Tenant aqreee sum ot money, or is compelled to incur any expense, indudinq reason• fo�srect an electric sign showing Tenant's name and/or type of businesa, able attorney s iees, in insiiluting or prosecutinq any action or pro• With.!stors� � " 4"' °°^' �`^�` ^^'� �^"' "� ^� ^°°^ "'�'�'"' on th9 eeeding to enfome Landiord's xights hereunder, the sum or sa¢ts ao . outer edqe o[ the canopy and a sma11 paid by Landlord, with interest thereon at the rate of seven per cent alectric sign vnder tha canopy, as may be dSrected by Landlord. It per annum from the date ot paymenl thereot, shall ba deemad to be is underslood and aqreed that all neqotiationa, consfderations, ugrea- additional�rent heteunder ond shall be due from Tenont ro Laadlord menis, representations and understandings tiy and between the partloa on ihe Eitat day o[. the month followinq the payment o( such respective� hereto, have been reduced to wriring and ezecuted by the partfes hereto, .. wms or ezpenses. . � and that any changes and modiiications theteo(, in order to becrome effedive shall be made by wfltten instrument and exacuted in beha'.f days pr�ot to expiration of this lease ot its m�t � acate at the of the Landlord by two of 8s oHicers, and by the Tenant. The invalid8ty end o( fhe term herein domis is�Landlord shall have an � o: unenforceability ot any provision hereoE shall not a{feet ot fmoair anv option to mntin �,.aw � n the term of this lease ior one year Scom other provisions, It is underatood and aqteed � that Landlord has made �.. �� no 7epresenlations as to identity, type, size and numbe[ of other tenancies w slores in the Shopping Center, and Lpndlocd's rights � ro chanqe, de- � Tenant wilt, at the ezpiration or termination ot this lease, yield �rease, el'uninate or increase tha identity, type size, tocation or number� np possession to Landiord, and failiaq so to do, wil] pay as liquidated ot olher stores, buildinqs, malls, roads or lenancies Sn ihe shoppin4 dmneges (or each day possession is withheld,. an amount equal to �enter shal] remain unqualiEied and nntestricted. The marginal headtnqs double �he amount of tha daily minimum� ¢nd percentage rent, computed of the several articles contained herein are for. canventenee oniy qnd do on a tAtrty day month bosis. � not define, t3mit or consirue the eontenia of sueh artides. � Alt riqhts and remedies of Landlord hereln enumerated shall be � � cumulafive and none shall ezclude any other right or remedy allowed 26. Succeesors cnd Assigna. The lerms; covenants and conditiorts by law, and said rights and remedies may be exercised and enforc�d hereo[ shall be bindinq .upon and inure to the successors Sn intgrest and mncurrenlly a�d whenever and as oflen as occasfon therefar adsea assigns oE the parties hereto. _ (see addendum at�ached hereto and made a part hereof) IN WITNESS WHEREOF, Landlord and Tenant hwe hereunto executed this Leass and affixed their respec- tive seals css of the day and year first above writlen. WITNESSES: PROJECT NlIM6ER SIXTY-ONE CORPORATION � . . � . Q.mdiord) As to Landlwd By Ptesident AttesL• AsS it, ' Secretary CITY OF FRIDLEY, MINNESOTA lTenanU $y -Peesldenl- � Attest: /ls lo Ten�t , . . � .��y.. � s: _. i `f i ` , � s. � � �� . t . • • � . IIIII � ADDENDi�+S � 18E NotWithstandfng azqrthing ia thin lease to the contrary: l. In the evertC the premieas ahall be destroyed or so daiaaged by Yire or other casualtieg during the life oF this agreement wherebq Lhe premisee are rendered untenantable, the rent due her�umi�r shall be mbated during the tiue of repairs, unless Tenant ia able to conduct his businesa on the premises. 2, The Tenant agrees to aarry and psy the premiums for �ublia liability insuranae, insurinb i.andlord and Tanant a�ainst injury to groperty, parson or loss of life arising out of the use and ocouyanoy of the leased premises with liraits oi sL least �2�,000 property da:ns.ge, g;100,000 �or one paz°3on and �300,000 Yor a�y nwaber of persons injurod or kil2ed in ar;y one accident and shall £urnish to I,andlord fron ti:ne to tirae s, coFy of said policy. �. Tenant shall �sep the stare ooen for buainess each evening until olosing hours as has been estab].ished by State laws governing suoh hours. !�. Tenant shall pay as additio�sl re� w36.� each and every* manth for its share of parking lot mafnienanoe chsr�ee, Said svm to be due on the first dap of eaah and everp month of the term of this Ieasa. 5. In the e�ent the City goea to private ofi-sale liquor sales, this lease may be can- eelled by the City upon giving Landlord 120 day§ prior written notice of its intent to cancel. During ihis 220 da� peri.od the Cifi.3� snall have the privl2ege of proc¢ring a tenant for th� lmndlord if said tenant is issued a license to s�17. o�f-sale liquor in the premisas, �nd if sa3d tenant exocutes tlie Ieaye and ita adc�endum attached hareto and made a part hereoP, hereinafter reforred to as Exhiblt."�1", £or the balanas of the term remainin� und�r the Gity's leass. The com°aencement date of Exhibit "A" shall be within 30 days of its execution date. A8 oY th� co�menoement dete oP Fxhibit "A" or at the end of the 1P0 day notice period, vhichever date first oCCUrs, the original Zease vith the City shall be considered can- celled �nd of no further force and eifect. iJIfiNESSE3s PROJECT NUNIDBR SIXTX-ONE C�RI'ORATION As to I,andlord As to n or As o Tenant As to Tenant Dated: ��9 J By fsy CITIf OF FRIDI.EX� MINNESOTA � . �9' « � f, : k � � a:o� r,s.�ac • r� acsa. s EXEiIBI2 A . . .. , , 1g F �fnbenfurE of �ea�e � THIS LEASE made and entered into thfs day of 19 by amd between PROJECT NUMBER.SIXTY-OIdE GORPORATION, I10 Times Building, Minneapolls, �tinnesota a corporation orqanized and existinq under the laws of the State of Minnesota � � � � � � � � I � i hereinafter referred to as "Lcmdlord," and a corpotation organized and existinq under the laws of the State of hereinafter tefened to as "Tennnt," WTTN£SSETH: 1. Psemises: Landlord hereby leases to Tenant and Tencmt accepts from Landlorc3 the store '---`v��-� hereinaiter refened to as the "leased premises" and known as-6tere 6590 University Avenue N.E. located i.n �f. the shopping center known as � Fridley, Minnesota xpLyy a store approxi.mately 30' inside o£ wegt vall to autside of east wall x 90' o.s.d. 2. Te=m: TO HAVE AND TO HOLD the leased premises unto Tenant for a term of yecas Commencinq on the doy of . 19, and endinq on the day of 13 , unless extended.or sooner terminated as here- inatter provided. -A. Oceuyane�, Abaism�nt ot A�ab NoNe�s: chnndlse aro made eolely tor ihe conven(ent operaHon ot the�bus[neas . ate not subatanttally rnmpleted on or beiore said comme�n,�ce��'� ate, ot Tenant and not for the purpoee of consumatlnq a sote which ha3 the rentals hereinafter zaserved ahall abats until ase� d premisea � theretofore been made, at, in, (rom or upon the leased premises� or fot � have been subata�tlolly eompleted, or u' e atore opena tor busi- the pu:pose ot�deprfving Landlord of the benetit o1 a sale which otber• nesa, whtchever date Is earlier e Serm and reatals ahall continue � wise would be made at, in, Erom or upon the leased premisea; nor � lu�n perlod of � .. shall aaid term include the amount of returne to ahippera or manu- .� � � � , � -fachtrers, nor the amounf of, any cash or� credit tetunded made upon � any eale whece the mercha�dls3 sold, or aome part thereof, is thetr . .� � Aent tar a partial month shall be prorated. � after returned by the pumhaser to and accepted by Tenant. �: L�as� Year. The term "leaee yeaY' aa ueed herei� ahalt mean a 7. H�co:ds md Reporta. Tenant aqrees to keep, Eor at leaat three perfod of Iwelve consecutive calendar months, th9 tirst of wh{ch le�ase yea:a atler the expication� oE each lensa year, all salea Yecords., salea tax yaare shalt eommence on the. tlrst day of the calendar �monlh aucceed- reporb and business and occupatian �tax reports, wnkh shall be open 47ry lAe date of the wmmencement of the term bereof if auch date ahnll to the inspection and audit ot Landlord and its aqents at all :easonabta � occut on u day othet than fhe first day ot a calendar month. $ubse- times during ordinory business hours. Tenant shal( submit to Landlord queat lease years ahall mn consecutively.-each commencinq upon an on.or bafore the tenth day of eacfi and every calandor month (ezcepb � � . anniveraary of ihe commencement o( the fitst lease year. inq the lenth day ol the tirst month of the term hereof but fndudinq t. B�al. 1'enant � covenanta to pay � b Landiord at the ofHce of fhe �ha tenth day oi ihe month tollowing the end of the term), at �he ploce � . then iixed for the payment o[ rent a wriHen alatement siqned by ��+��a'd 110 Times BU11C�1Tlg Tenant, ahowEnq the amount of gross- saJes during the precediny . Minnea OZ�S M1ISI1630b8 ealendar month and fractional montb, if any, and shaA submit to Lan�- P f lord on ot befota the-thirtieth day foklowing the end of each lease year af the F�ace then fixed tor the paymen� oE rent, a statemenl by a cerlified ot at such othet place as I.andlord may irom t(me b lfine desiqnate�ln putlic accountant, signed by Tenanl showinq the amount oE grosa sales wtitlnq, nnt for the leased p:amisas as (ollowa: during the preceding lease year and feactional lease year, i( any. � (a) Alfnfmum A�nt: A tixed annual minimum rent, hereintalled "min- I( any uudit made by Landlord showm an errot in Tenanfs � . � odqtnal statement preiudiclal to Londlord's receipt of rant in nn amounl � . f+num renl;' cf S8 %�4�� e4ua1 to or qreoter �hon 1% of ihe amount ot rent reported by Tenant'a � � sfatement tor the period of the audit, the expensea of the aud(t ehall 6e paid by Tenan4 mherwise by Landlord. � � t. Matptenancs e( Common Acem. Tha parkin4 area and mall � p¢ya61e fn edvanae ln aucceasive installmenla of one-1welhh il/IZ) formir.g a part o( soid Shoppinq Center shall be avaitable to all tenants, � thereo(, each on ihe first day ot each and every ea(endar month durinq their customera and invitees. � tl�e tsrm o4 this Lease. � not oftener� than once each calendar mon�h, as addilional rent ich� additional rent may be estimated by Landlo:d, aubiect � iustmente � Qr1 P�matags Asat: In additlon to the minimum rent Tenant ahall �n iuture billings to TenanU a proportionaie share o e cost of oper pay oa addluonal wnt, herein called "percentaqe ceni;' the amount, . � otinq, lightinq, cleaning, removinq snow, pof ' g, lnsur(nq aqainst � � � � cnsualties. iniuries and damages which m ccur in�such public vreas ft 6ny, by� wh(ch fOUr �� qo o[ qroaa aalea in sach lease year and otherwise properly inaintain, op ' �ng and repairinq the parking � eiceeds the minimum reni ;or fhe same lease year. Percentaqe rent }ar area, mall and othe: areas co on to all .�enanls ot the Shoppinq pa[KaI lease years sha11 6e pcorated. Tenant shalt pay lo Landlord !he Cen'�et in the ratio of �he mber of square feel ol area usable (o� peroeNaqe rent, if any, on or before the thittfeth day followinq t}�e end metchpndising purpos n the leased premises �o Ihe nvmber oE square d each iease year or partial lsase year. Iaet ot area use merchandisinq purpo:ss in the buildin4e compdstnq � the Shoppl enier. The cost of maintaininq and opeta4nq the com- i. Cross SuL�. The term "grosa sales" is the entire amount ol Ihe mon s shail not includa rea! estate taxea, apecial laxea, u ap�eciol aNual salea price„ whather wholly or partly lor cash or on credit, oE all wlea a[ merchandiae and services and a11 olher receipts of atl buel- � . neea eonducted in or (rom the leased p:emises, inciuding al( deposita � 8. IIss. It is underatood and aq�eed thal tha laased premlaea shap pol tetunded lo purchasers. orders lakee fn or trom the leosed premtsea � . olihough safd ordera may be t(Iled elsewhere, and salea by any su6• be used and xcupted by Tenant for an off-sale liquor leasee, concesstonQire or licensee in or trom the Ieased pcemisea, and stOI'�� - all wlthout eredit to Tenant for uncollec�ed or uncolleciible credit accounte. - �' . Thore shali be exduded from "graas aolea" any suma collected and }�ald out !or any soles toz or toz bosed upon the aale or aalea o( � merchandise and required by Iaw, whether now or hereatter 1n iorce, to be paid by Tenant or collected trom its customers, lo the e:lent thnl - � � tueh ta:es have been added to and Included tn the qross aalee price. � 'fhe ierm "qrosa salei' ahall not include �he ezchanqe of inerchandiaa between �he a�orea o[ Tenant, f( any, where such e:chanqes of ineo- � . '� L' J � � � � ' 1 � .� � � � � � � end br no other purpoae and all ie compilancs with � all appllcable � laws, ordinaucea and governmentat regutatlons. Ten�nt shall not an• qaqe in any etmiiat buslness withln a radius of two miJes frem the leaaed premises. , No aucticn saiea ehati be conduc�ed In the leased premises without Ihe advance . wriltea consenl ol Landlord. �JO. Subordfnat[on. A1 Landlord'm option, thia Lease shall be and !s aubordinoted to any ezistfnq mortgages coverinq said leosed premises, any eztension or renewal thercot, or lo any �ow martqoqes which may be placed tbeteon from time to time. Provided, however, anything to the eontcnry eonlaine8 herein notwithstandinq, every such morigage shall iecoqnlze ihe vaUdity ot this Lease in tAe event o( a loredosure ot . ibe l.andlord's inleresl as lonq as the Temnt shaq not ba in detaull under Ihe terms o( this Lease and provided Tenant has nol anticipated more Ihan sizty (60) days rent in advance by payment to Landlord or in any olher way, Tenant shall execute whatever instrumenta may be requfred to ef(eet suce subordination. ll. Cara ol Prombsa, Tenant ahall not perto:m any acW or carty oa any practices which may iniure the building or ihe leased premises or be n nuisnnce or mena;e to olher tenants in Ihe Shoppinq Center � ond ahall keep the premises under Ils controi, includinq the sidewa�k edjaeent to fhe ]eased premises. cleun and free from rub6is.h and dirt a1 all times, and shall store alt trash and garbage within the leased � premises and artanqe (or the regulQr remaval o[ such trash•and garbage. � Tenant shati not turn any Kash or qarbaqa in or about !he leas.d premise5 or anywhere else within the confines of said ShopAlnq Center � except in incinerators, i! provided. Tenant shall not kesp or display any mefchandise on or otherwise obstrucf the sidewalks, mall or areaways cdjacenl to the leased premises. Tenant shall not overload any floor in !he leased premises, � and shall remove ice and snow irom ihe +ea4-e� - stdewalk In �fronl ot leased premises. Tenant ahall comply with all re• qulremenla of lawa, restdctfons, qnd agreements wUh the City, applicabla to the leased premises. Tenant shall torthwith at its own emt and expense teplace wllh glass of the same quality vny broken glass in exterior and lnletiw windows and doara 1n or upon the leased premisea, including plate qlasa. Tenant shall procure and mainlain durinq the term ot thia . I.edae, n pd.tcy or policias insuring Londlord and Tenant as ihefr Interests may appear, aqainst breokaqe of all such glass in the leased premises and ahatt deposit such poticy or policies, or certitiartes evldenclnq theer . eztstence with Landlord at the commencement of the lerm and at least ten days p:for to the ezpirtrtion of each policy. At the expiration oi the � tenancy hezeby crealed, whether by the elapse of time or otherwise, Tenant shall surrender Ihe leased premises in good condition, reasonable weat and fear and damage by {ire excepted, and shall surrender all keya [ot t}�e leased premises lo landlord at t6e place then fixed [or the payment ot cent. t2. InstallatYon ot F7xturss. At the commencement ot the`term and . durinq 1he lerm. Tenanl, a1 ifs own ezpense, shall provide, install and maintaln Ihe� necessary liqhting fixtures, store fixtures and floor coverinq requtred by it, and all inlerior paintlng and decowtinq. Tenant aqreos nol to instatl any trade Sixtures, equipment or liqhtinq fixtutes that is not unfon made and does not have a union label al2ixed thereto and aqrees to employ only union labor in the installation of said (S�clures and equipmenL � - 13. Repairs. Landiord shall keep !he toundations, exterior masonzy � walis and roo( in qood repair, except that Landlord shall not be required to make any such repaira which become necessa�y or . desirabte by [eason of the neqligence o[ Tenanl, its ageNS, servants or emptoyees, and in aA olher respects the leased premises shall at all times be kept in good order, condition and repair by Tenant. lt. Conduet ot Bus3nes�. Tenant shall not erect, display, or atfix any sign, to. upon or abcve the leased premises or the building in which the leased premises ace situntsd, w7thouL in each Instance, tfie pdor written approval of Landlord. Tenant shall not use any advert(sing medlum that shall be a uuisance fo Landtord or other Tenants, such as loud speakers, phonographs or radio, broadcast in a manner to be � heard outside of the leasFd premises. Tenant shall not iastal! any ex- terlor lightinq or plumbing fixtuces, shades or awnings or any exterior decorations, or paiNinq, or build any feaces: nor sha]] Tanant install any tadia or television cn�ennae, ]oud speakers, sound ampliiiers, ot simllar devices on the roof or exlerior walls ol the bullding unlese wtth . the advance wdtten conssnL oE Landlord. � � All display windows sha11 be kept well�lighted, axd-�enen4-eheeH . Tenant ahall open its slote tor business at tho commencement of the term er��ween-lhere- and Tenanl shall conduct (�s busdness in a(awful mannet and in qood failh and in such manner ihat Landlord will at ail times receive the � , mazibum amounf ot renl trom the operatioa . oE TenanYa b¢sinese in mid (rom the levsed premises consistent with sound business judqment. - Tenant ahall maintain on� the premises a�wbstan�iol stock of qoods, wtrtes and merchandise and equipment, adequate to assuzo successful operation of Tonani s business, and shall employ derks, salesmen and othets. sufticient for 1he xrvice ond convenience o1 customecs. Tenant agree:. to abids by such rules and roqulationa for the conduct and � promutlon of�business in said Shoppinq Center aa are reasonably es• labliahed by the Landlord. Tenant shall not divert e(sewhere any trado, � commerce oc business which�ordinarily would be transacted by Tenanl .. . in or trom Ihe demised premises. itaes. spscial asse:umanl taxas assessed aqainst the leased pre n ez• eea+ o[ twenty pac cent (20%) of the minimum , areinatler re- lercad lo as 1az RenU. The Percenlaqe R� a l ba �educed by the amount of 7ax Rent paid by Te e accounling tor each lease year ahall be independo y other lease year. The laxes assesaed agafrm! ihe leo emises ahall be Ihat part of the tax bill as the rcNo o umber ot sqaare fvet of the leased premises is to the � .. . . . . . . _. . .. __. 18G 1S. Jllterallon� • In�tallaHons. Tenattt shall not make any alteraltons in or additions to the leased premises no: make any tontract theretor, without tirs� procurinq Landlord's writien consent and deltverinq to Landlord the plans, specitications, and the necessary permits, all !n lorm and substance satis(ac�ory to Landlord, artd furnishin9 indemnilimhon aqatnst liens. costs. damages and expenses as may be roquired ty Land- lord. All alterafions, addi�ions., improvements nnd iixtures, other ih�n 'CenanYs�trada fixtures, which may be made or installed by either Land- tord or Tenaat � upon the leased premises shall be the property, of tha Landlord and shall remain upon and be surrendered wRh the leased premises as a part lhereol, all without compensation or credit to Tenant provided, however, i1 prior to said termination, or within fiEteen days iherealter, Landlord so ditecls by written notice lo Tenanl, Tenant sfial� prompqy remove�the additions, improvemeNs, fixtures and insta(lations which were placed in the leased premises by Tenant and which are de- s.gnated in said notice, and tepait any�damaga occasioned by such removals, ond in defaul� thereol, Landlord may at(ect said removala and repairs and Tenant will pay to Landlord, on demand, the cost ihereof with interest at the rata of seven per cent per aanum from the date oi nuch removal by Landiord. � 16. [naurancs. Tencnt ahall not carry any atock ot gooda or do anythinq in or aboat the leased premises which will in any way impait or invaudate the obligauon ot any policy of insurance of the leased premises or the 6uiidtaq in which the leasad premisea o[e simated. lenant aqcees to pay, upon demand, as addi4onal rene, any increase in insu:ance premmms resulting from the business carried on in the leased premises by "L'enant, whether ot not Landtord has consented f0 same. 17. Delive:ies • Parking Ccas. All loading and untoading oi mer- chandise, shall be made ihtouqh proper service doors. Tertant and ita employees shall park their cars only in areas desiqnaled by Landlorj irom time to time. Tenanf aqrees ihat upon�written notice from Landwd, it will within five days (urnish Landlord or !ts authorized aqent the State automobile licenoa number assigned to its automobile or aufo- mobiles of all its employees employed in the leased premiaea, Tenant shall not at any time park iis trucxs or other dellvery vehicles 1n the parkinq area. 19. Covenant to Hold� Harmleas. Tenant aqrees to �indemni[y and aave Landlord harmless against and hom any aad al! claims, damages, costs and expensss, inctuding reasona6la atiorney's iees, arisinq.Srom the conduct or management of ihe business conducted 6y Tenant in ihe teased premises. It is Surthor undersrood and agreed that Landlotd shc:ll not be liable, and Tenant waives all claims for damage to person or properry sustained ty '1'enant or TenanCs employees, agents, servants, invitees and customers� resulting lrom the bailding in which th0 leased premises are simated or. the leased�;premises, or any equipmenl or ap purtenance, becominq out oi repair,� or resulting from any accfdant in or about said buiiding or tha leased premises, or resulting directiy or indirectly from any act or neqlect of any other tenant in sald Shoppinq Centet, ' � - ' liobility instirance, insurinq Landlord and 'Cenant aqa ��ury to property, person or loss ot life arising out oj..t se and occupancy. of the lepsed premises with limifs e�t $5,�00 property damage, $]0,000 for one person ,000 for any number of persons injuted or kiUed in e pccidenl and shall furnish to Landtotd, f[om Nme t , 19. Assiqnment or Sublettinq. Tenant agrees not to sell, assign, ptedge or in aay manner tzanster this Lease or a�y estate or interest thereunder and nof !o sublet the leased premises or any patt _r parts lhereof and not to pe�mit any licensee or concessionnaire therein without the p�evious wnnen consent of Landiord in eacn instance. Uon• sent by Landlord �to one assiqnment of this Leas.e or to one eublettinq of the leased premises shali not be ¢ waiver of Caadlordb rights under this Arficle as to subsequant assiqnment or sutie�lmg. Landiord's rights to assiqa this Lease are and shall remain unqualitied. � Y0. Aecsis lo Pcamiae�. Landlord reserves ihe riqht to enter upon the leased premises at all reasonable hours for the purpose of inspecting lhe same, or o! making-repairs, additions or ultermions to the buildinq in which the �eased premises are bmted, or to exhibit the teased premises lo prospective fenants, purchasets or othets. 21. UUHtiea. Tenant shail pay for oll heat, qns, water, electricity, sewaqe and garbage disposai service, (which said utility aervices are hereina[ter in this Article re(erred to as "said services") used in the leased premises. I( Landlord shall elecf to s�pply any one or more o: all ot said services ro the Ieased premises, Tenanl shall accept and use such of said services as are tendered by Landtord and pay Landlord iherefor ai ihe rates which would be charqed .it said aervices were bought by Tenant from the municipality or other service corporation which wou!@ otherwise supply such ol said services as are lurnished by Landiord. In addilion to other remedies, Landlord, upon not less than � live days' nolice to 7'enont, may discontinue fumishinq � such of aaid services as aforesaid as are not paid for, and no such disconlinuance shall be deemed an eviction or render Landlord liable to Tenant for damaqes or relieve Tenant from perlormance of its �obligalions under this Lease. IE Landlord shall elect to furnish said services or any one or more of them, Landlord shall not 50 1i46fe �o Tenant in damage5 oc otherwue should the tumishinq o[ any one or more ol said services ha tn�errupted or required �o be termina�ed because of necessary repatrs or improvementa ar any causa beyond the corttrol of Landbrd. Upon not less than thirty days' notice in wri�ing to Tenant. Landlord may cease to lurnish any one or more, or all, of said aervices wlthout any tespon- aibility to Tenonl ezcep� to connect the service facililies with such other nearby source ol aupply as may be avaflable tor such ot sald aervlces so discontlnued. 2Y. Unt�nanWbiltlT, In the event !he ]eased premises ahall be de- stroyed or so damaged by fire, esplosion, wtndstorm w other caaual�y as �o be antirely unlenanioble. Landlord may restore the leased premises uR;inin a reasonable time aNer such destruction or damage, ot may terminate Ihis Lease and Ihe lerm demised as ot Ihe dale ot the de- str�ction or dumage, 1n either case by qivinq ?enont noiice wilhin sixty daya after Ihe date o( the destructioq or damage. � � � � � � � . 18 H In Ihe avent the leased premiass shall be damaged aa aforeaaid Should Candiotd be in deSault under the terma of this 2eaae, bul are not thereby rendered entirely un�enantable, Land)ord shaU te- Landlord ahall have raasonable and adequate time in which to cure store the leased premiseS with reasonable dispatch. Landlord shall not the same aEter w:itten notice to Landlord by Tenant of such default. be liable or responsi6te for any delays irt rebvildirsg or repairinq due lo striten, riots, acis ot God, nationai emerqency, acts ot Aublic enemy, 150% of !he gross sales required to pay the minimum ren� n te� qovemmental laws or regulations, inability 2o procute materiala or .erved, at the percentaqe rate specifled !n SectiOn , the Landlord labor, oi bolh, or any othec causea beyond its control. may terminate this lease by writien notice t nt of its intentlon io ao R3. Rtmedlea. Landlord may terminate the eslate and term demised terminate at least ninety (90) d nor tw such termtnalion date; by fen days' wcitten notice to Tenant upon the happening of any one or however, Tenant shall hav ight to nullify such lerminatlon, p:ovtdad mora o[ the totlowinq events, and the same are not remedied within Tenant prior to �si� rmmotion date, aqrees in writinq with Landlozd thirt (30) da s afler notice to Tenant: (a) the making b Tenant ot un �hat the rtt'(�im annua! renl sha11 6e incceased to t50% of the minlmum Y Y Y � �tp ty�.,.�.1 f„� ��.e ..,..,,,:.,.ior nl �hn lnrm nf �hic lwnec assiqnment for ihe benetit o( its creditors; (b} the levyinq of a wril o! � � e=ecution ot aQechment on or aqtnst the property ot Tenanl; (c) in the event proceedinqs are insiituted in a court o( competent lurisdicifon 24. Notteas. Any noUce required or permitted under thia lea�e lor the reorganizafion, tiqutdation or involuntary dissolution oi Tenan6 shall be deemed suEficiaatly qiven or served i1 sent by reqtstered mall � or !or ita adjudication as a bankrupt or insolvent, or for the appointment to Tenent at Ihe address of the ]eased premises, o[ a teceiver of the property ot Tenanl, ond said proceedinqs are not . dismissed, and a�y receiveq trusiee or liqvidafor appointed therain discharged, within thirry days atler ihe instltution ot said proceedinqs; ' (d) the doinq, or permittinq to be done by Tenarit ot any act which � aeales a mechanics lien or c(aim therefor aqainst the land or buitding � o[ which lhe leased premises are a parf; and (e! the iailure of Tenant to pay.an installment at rem within te� days of�er due or to pedorm � . any other of its covenants under ihss Lease. ' and to Landlord at the addresa then lized for the paycaent of rent, Upon the termination of the estate as a[oresaid, Landlord may and either party may by like notice at any time and from tlme !o re-enter the leased premises. wi�h or without process of law usinq �7me desiqnate difierent addresses to whtch notices shall be sent. Notfeea such torce as may be necessary, and remove all persons and chattels qiven in aceordance with these provislons shall be deemed receivad lherefrom anc! Landlord shal] nol be liable for damages or otherwise when mailed. � by reason ot re-entry or fermir.ation oE tho terms o( this Leas3. Not- � withstanding such tezmination, the ]iability of Tenant (or Ihe minimum Z5. General. Nothing contalned in this Lease ahall be deemed or tent provided for hereirtabove sha]] not be extinguished Sor the balance �onstrved by the parties hereto or by any third party to tteate ihe of the term remaininq after said termination, and Landlord sha11 be rela�ionship ot principal and aqeN or oE parinership or of fotnl ventute entitIed to recover immedialely as ]iquidaled damages an amount equal or of any association b3tween Landlord and Tenant, 1t being expressly to the minimum rent tot the said balance of the term less the fair undersJOOd and agreed that neither the method o[ compUtation o( renf reetal vatue of the premises .for the said balance of the ierm. nor any other provisions containad in this Lease nor any acts oi tha . In the event of any 6reach hereunder by Tenant, Landlord may parties hereto shall be deemed to create any celationship between Land- Immediately or at any time iherea[ter, without qotice,� cura such breach ]ord� and Ten6nt other .than the relationship o[ landlotd and tgnant. 1ot the account and at the expense ot Tena�t. Ii Landlocd at any time, � paea-at-7,end. by reoson bf such bwach, is compelled to pay, or elects lo poy, any ,]or ' uaatahe-araP-�-A6a.. sum oi money ot do any act which wit! require the payment of any e-laacod_pwaism Tenanl agrees sum oE money, or is eompelled to incur any expense, includtnq reason- to erect on eleclric siqn showing Tenant's name and/or type of busineas, able attorney'a fees, in institutinq or prosecutinq any action or pro- yii.Stla_"�•° ^ °' °^^^ °aa6�iiip� -^a `^ ^^f ��-21�=�'=�- on the eeedSng to entorce Landiord's riqhts hereunder, the sum or aums so uter edga of fhe canopy and a small paid by Landlord, with iNerest �hereon at the rate ol seven per cent electric segn under the canopy, as may be directed by Landlotd. It per annum (rom the date o[ payment thereof, shall be deemed to be� is understood and� agreed that all negotiations, considerations, aqree- additional rent hereunder and �shall be due from Tenant to Landlord msnls, representalions and understondin9s by and between the pazflea on lhe [irst day ot the month following the payment ot such respective hereto, have�been reduced to writing and executed by the parties hereto, �wms or expenses. and that any chanqes and modifications thereof, in order to become � etfective shall be made by wditen instrument and executed in beha![ � daya prior to expiration of this lease �of its intenC a e at the of the Landlord by two of its of{icers, and by the Tenant, The invalidity end of the ferm herein domise , andlord shall have an or unenfotceabilily of any provision hereof shall not affect or lmoair anv option lo coalin _n the term ot this leasa for one year trom ather provisions. It is understood and agreed thal Landlord has maie - � no represenfations as to identiry, type, size and number oi other tenancies � or stores in fhe Shopping Center, and Lpndlord's rights to change, de- Tenant witl, at the exP�ro��on or terminntion o[ this lease, yield �rease, eliminme or increase the identity, type s[ze, location or numbet up possession to Landlord, and failing so to do, wil] pay as liquidated ot other stores, baildings, malis; roads or tenancies in the shoppin4 damaqes tor each day possession is withheld, on amou�t equal to center shal] remain unquolified and unrestricted. The marqinal headinqs double the amount ot the daily minimum and percentaqe tent, computed af the several arlicles confained herein are for convenience only and do on a ihirty day month basis. not define, l3mN or consirue the co�tents of such articles. All rights and remedies oE Landlord herein enumerated shall be . cumuiative aed none shall exdude any other right � or rem�dy allowed 46. Suteesnon and Asaiqna. The terma, wvenanta and condiHons by law, and said righis and remedies may be exercised and entorcad her=of shall be bindinq upon and inure to ihe successors tn interest and croncurrently and whanever and as often as occasion there(or attaex assigas of the parties hereto. (See addendum attached hereto and made a part hereof.) � IN WITNESS WHEREOF, Landlord and Tenant hwa hereunto executed this Lease and affixed their respec- tive seals as of the day and year first above wriiten. WITNESSES: �� i 1._.! As to I.andlo�d A� fo Tenmt PROJECT NUMBER SIXTY-ONE CORPORATION tl.aad[ord) Ptesident Aitest: _ Sectelmy (1'�nmiU ' Pteddeni Attest: S�erotan' . .'.� •. ; �� 1� . ADT,�NDtA1 .....�.,-- Notwithstandi.ng anythin� ixs th3s 2ease to tdie aontrary: ' 1. Zn the event the premiaea sh�ll be desL•rayed or �o da�a�ed by fire or other oasualties during the li.fe of this agr��mont �hereby the premi�es ar� render�d nntenantabini tt►e rent dua h9reunder shali be sbated during bi�e ti.na oi r�paiz-s, unlasa TonanL i� able to aonduct his busine�s on tha pr�mises. 2. Ths Tenant a�rrees to carry and pay tha premiums for puDlia liability insurance, in�uring I.andlord an1 Tar.�ni against ir►jury to property, person or loss of life ar3sing out af the use and aceztpancy ot the lc�asod prsmises �aith limits oP at leas� :�25, 000 propertY demage, �'10U9000 for ano persan and ;�3�,G0� for any numbsr of �ar�ons injui'od or killed in: ar,y one acc::.�ont a:�d s�all s'ltrnish to Lanc3l.ord tram tiraa tv t3me a copy of gaid po2icy. 3, xenant shall keep ihe store open for bus3nes� each ev�nin� until closing hours as has been established by 5t�te ].awa governin�; such houx�. �. Tenant sha11 pay as r.dditionai rent �;35.00 each �nd every month far 1ts stt�r�s vf parkir� lot maintsn�noe charges. SaS.d s��a to be due on tha firat d� oi each and ev�ry month of the,term of this lease. id�c�xr,ss� i s to Lana o :.�s to Tenant Dat�ds ,19 � PROJEGT NUME�Et� SIXT'Y-UN� CORf'O:�ATI�ii �s s� 8y n ❑ � iij �. , �t MEMO T0: FROM: SUBJECT: DATE: Honorable Mayor, Councilmen, City Manager Mervin J. Herrmann, C�ty Assessor Purchase of Lots 10, 12, and i4, Spring Valley Add. Apri] 12, 1974 Attached is a requ�st from the County for an additional $1,000.00 for lots in Spring Valley Addition. Before we can pay this we must have..:Council approval. Please put this on the agenda and let the Council's wishes be known. The original appraised value was stated as we had sent in. This was as of November 12, 1973 7ist sent to us by ihe County Auditor. (Enclosed) � � �E �,, � » i �... • �� . , ' .� ,' � � ;, i � , �_ � � ? , ��j � �� ; � �� i ` ,� �. Chacles R. Lefebvre � County Auditor ��1 couN-�Y oF ANOKA Office of the County Auditor CC►URT HOUSE --- 421-4760 --- ANOKA, MINNE50TA 55303 Mr. Marvin C. Brunsell, Clerk City of Fridley • 6431 University Avenue N.E, Fridl_ey, Minnesota 55421 Dear A�r. Brunsell: April 11, Z974 On April 9, ].974, the Anoka County Board of Commissioners approved the applications from the Gity of Fridley to pur- chase a� appraised value Lots 10, 12, and 14, Block 2, Spring Valley. The appraised values on the parcels were as follows: Parcel #1180 - Lot 10 $2,200.00 Parcel #1260 - Lot 12 2,400.00 Parcel #1340 - Lot 14 2,400.00 Tn March of 1974, we received a check from the City in the amount of $7,213.00 covering the appraised value, the 30 5tate Assurance Fund Fee and $3.00 State Deed Fee. we ihen found that the appraised value on Parcel #1340 was raised to $3,400.00. Consequentl.y, before the City can receive their deed on this proper�y we must have an additional $1,000 on the a�praised value and $:30 on the State Assurance Fund. � It is requested that �his be completed as soori as possible. If you have any auestzons on this matter, please do not hesitate to call. � i Very�truly yours, . C..:�'"G�--�`'r--�v /�`". � --�_��ic.e� Charles R. Lefebvre ��. Anoka County Auditor CRL/sas � 1 � � �' � � -� :� tio. cwF..-L:.�il G.t.�S:: iC!_7";G::.— � •.,. . ... .. .., _ • . . • . ° ' .. 10.•l;,aCy;��::o� " ^ Y��rr ' . ��_, i.J i! � ' --- -- ��^ � � ^ 7 3 SpeciaL� . SLTDIZ'i�FU� � Sec.or �T:�:�.o: � � �p;,rai==;1�•a?�.a � n�ODCt?u` T0�2 I.o� �:o�� F.��a. of Lar.d �!'� Ft �i r r An�r i 1 � . . . FOi F°7.t �tt��,i 's � SP�T:;� �'t00'.0 PARK, AI�JK�L C�J�II�TX, i•4IP;�;F ."61 S -�" ��. L . � (�ubj. to �as :nain ease.} (Stibj, to ease. �o P.'.S.S. Dist. 6/11/65) . � �62J • ��` �; (,�ubj, to gas main ease.) (SuSj. to . ease ta rI.S. S. Dist. 6/lI/65) . � �:680 Lots 31 and r- _' � ' . . � 970 . �._� �^ . � l, - ,f97S L�� . ._ _� �r1055 . , � �� j . ..� '. . ��I370 . Lots 30 and •- �� -=✓"L (a 20' drai.�cage E uti2i.t� ease desc. as fol; the �•7`ly 2D`of Lozs 30 & 31., _ Elk 7 Sprin� Broo'�c Park Add,) (Subj, to an ease fon c�ay, p-.�rposes over t� � ��IY�20� to.Co. of Anoka) �`228D - , �...: � --, : � . �� E2+25 • J.: !, > �243.0 .;_ � f ; ' . �.. y y, � �_��. �� /�-`: .•, �. c,� ..... i •- ..' i r • -� . . �`2513, ;�2515, �r2520, �F2525, ��2530, �f2S3S &;��2540 . �. • . Lots 12,13,14, IS,16, 17 S: `#' �, � S PI�I NC. VALLE Y�' - ��1180 � . • .� � .; , . A 25.' street and utility ease, desc. as fo2: (The I�i' ly 25' of Lot 10, BI.t;.2, �.- Spring Valley Ad3.) (Subj, to 3Q' Ease � to.Anoka Co, fo� hwy,) • ��1260 ' . -, '' • . ' (Subj, to S` utilit� ease alo��g rear • line) {Subj, to 30' F.ase, to Ano.L-a Co. ) (Subj, to SCreet b. util, ease over the N. 25', to uity of Fridley) �� I�3 +0 - .- , , : . • (Su�j. to 30' ease. to �noka Co. for iiwy.) (JllUj, to stre2t & utility ease ov2r the i•1.25' to City of Fridley) 'TA 22 _ 4 y8 i �9 ! 23 ; .��9.73 32 4 15 2Z 3 Z. I1 4i � 2 18 �� 9 y. 5D 20� �0 -0- a7D.v0 300 0J � '-0- 4 33.� " 1,323 22 6 7.�0.5 750 �� 6 � 71-� � 69p �0 � / 53.yo 60J 0� 7 I ��8.1 `� l.0 D�J I2 /52. y 10 OQ I2 9ao. S3 : �00� JJ . i2 9/, c� 1.00d Q0 . ..13 . � �f9� 3 . 420� �0 � ,- �j.7,� �2200 ;�0 10 Z l.2 14 � ,� J� � 2 � :F.�.q1 240� � �. , ; 2 :S 3/•?, ° �.,'1240� 00 67b.78 �-�- _p_ y.sa. .�9 -�J- � � 2I�.88 1140,.51 _p_ «�.. � /a/'..q.�� _U_ _o_ -0- _ O ! J _. ... , . . ,. .. ,: � _ , : ..---- � . _ i \ � � . � , 1 �. - .1.9 � � _ . . ._ . . � ,. . . . . _ . .. � . . � _ . . 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' 3a¢a.� t �'6C� ° . _._ I �. �700� /bl - , ` �� '� i�i0 =o1G. _. _�,�.— . . a.a. �^. � ' . `�. . . .,. . . 9�i � �7'�C7 �� E.r-"r,es�' i �a � � � � � %2�0,) � � � 1 /.1" ��Sb�?} g Sc�� (`� caa� �3 2 Ct� .Y z " j �p� �t3 O� �, , C� (v'�2i �� '.� �/w : � �, � - 1 �. 2 0 - , �7$ �� . h � •� � � : � ^+ ... . ,. `rz6`',,:, , r i.z . . � � . � . /J + �a: rf �,^,., foa� \��70! 33t.33 f�/� � f�� !�`.+ �� y%� �� . . i �0p ,.,w.-� o 's � s �`�'t�x'�5 I:�#� �YJ'�� isr ,:r r R �� * oo /.TS � " �6 4 7 �{ ,� 1f �. �U �'� ��; �' , ..,. ' •p+ .." 79 ' , . . V . r+l+� .3Ji?o ♦ '' ---�....�..`_,..' ;� � if �� /..'.S /1.f :� ��3� ; °� 1f Sa 7f /.Z 96 _ ,,� �:; /,:;6�� .C�yp; t�5� � 1� 7� 13�� 1��0 i t y2�' J<!� �Jy - iy I� ��ss�y�o 1r�0(p __ .;,�c . �� 1 r � �,�� / ;,9,�a�; �� s ��m j ,G ��e,;,� ; - o� , `_ 5'�Z; , :, tlOEU.� , k i t?+°'!% � 19�v� �9�.�!�BJ2� _ �� o �3 , -� , V ` �39 ) Q �, �. � E yz .v �-� , (70. / �f !>o� � i (j.,y'� �¢ . 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"` .�eamin � Gavs.r,�'or � �' ' � ---= , ( � %� '�. � i � 2 , ' ` �is7¢cs� /3�5- � � ; 329 ! ��25 1 ' ,, � :,. , � _s �Zs <, .z ��`� 5 �'�� 13�j ! .. � �- .� .; s z : :�-:-�-r.�_._ _ �, --� R C3A �.f � ` - : , ... o --Rt£� �,CR�� — .�o,� � -- �^ !:� q ��_ ��Ter� �fla.- -- -_ _— �- _ ��=C-�-�.s�,,��; i i 2 �??.: D� /Sat i �.� �. �N i�. � 6' r,..�. ss- � a.,r � � is .v�s:.?i i :w-- !� ar .. _____. �� r3�° : ? ��fab -�, %. , ��►s` _�% �-�" v ` , � '( /� � }� ��(LK� ; ,o t�3 p a . ; ��,� e R . :�� t 32 � ! : � r:.�.. Y! !�� /d39 / '�I � . ' ; ' : ��D � ..s✓a� 1 �'3735 ° ? �'�i i .v ��BlO� Vi 2 � �1 j ' , i ' . G Zi�i: , �� ry 3 �tii� ;n! �tCNA %/{' � C / _ _ �sca�{s✓ �(� � �r � 1 JPO (.Zi.: J, � r.c'.: 6�� I �,ZO 65� a ♦ � KJ . ` _� :S v .P Ila 0/d/7e..Y i �° ei:s✓'�,1.. � 2 � �. -f � �;i�r� Ho�s;ad � _.,s.r.rG o h ti� (/si.» . . � ,�.sOEile':^ 1 � � � � w • / � � • � � � . " ! v�� . l0 1S/. Z' '" c � "�I �, + � _ in �t ,�i��'S o�} .� . .. _ ,� „ ` �m � Q �� . —�----^�. ?' � � � u � e i �� 1 � / 'L � ' ' iw. 3 S� � - . o (p/7,��,:z�'� � \ 5- \ ya •,� ` ,.:,i lY� ?.�,1 �*R ` �� f ' ' � r1✓�Oi�//�,'��, i�I,'1.Y � \ «��•�.+7�� Jb �,'N ff �' A��4� ��'� � � . � �` r.:"a. a,� ` o�"'�-. ��,Gf',. , e 2 s.s . • ;,�p ,f_:,, • ;9 V � `�� '� � °' ? ` '`'�7�•4+� Z . � � . „" _._.�� _�.t�'�?i_ R �%E � M; � ,,.'�..4 i � � d a � 2� � n0 ., . s' �, ;i , i � SD� o �f � �_ .��:2.59 f ' _ , P�EhiO T0: Ci ty Manager FROM: City Assessor SUBJEC7: Specia] Assessment Costs Ov��ing on Lots I0, 12, I4, B�ock 2 Spring Valiey Addition DATE: May 6, 19;4 7he Amount of Specials and Original Appraised Value is as foliows: Specials Values Lot 10 $2,779.73 �2,200.00 Lot 12 $2,325.91 �2,400.00 �ot 74 $3,312.92 $2,400.Q0 Total �7,818.56 �7,Q00.00 The new vaiue on Lot i4 is $1C100.00 higher, sa it is now �3,4Q0.00. Total Value $8,000.00 Total Rssessements $7,8i8.56 Qi f-Ference $ 181.44 � � � FEINBERG. MEYERS, SCHUMACHER & SCHUMACHER. P. A. ATTORNEYS AT I.AW , TH6 TOWERS � GATEWAY CENTEF � , 1t3 HENNEPIN AVENUE MlNNEAPOLIS, MINNESOTp 53401 (612) 99L•0431 ARNOLD 1. fE1N9ERG RICNARD MEYERS � � JAMES J. SCHUMACHER ROBERT H. SCHUMACHER OEOROE 6. SEITZ . ' �J � � � u , .� � i i , � April 9, 1974 City of FridZey 6431 University Avenue N.E. Fridley, Minnesota 55432 Attention: City�Manager Re: Lots 33 and 34, Block A, R2vervi�w Heights Gentlemen: Ci�J BlJBURBAN OFFICE3: RICHFIELO We are attorneys for Fred S. Yesnes, Inc. In May, 1973, our client purchased the above lots pursuant to a Purchase Agreement containing a contingency that a building permit was obtainable to build a single family dwelling on these lots. Before removing the contingency and paying the seller for the lots, our client inquired of your building department as to whether or not a building permit could be obtained. In the presence of a witness, he was assured that there would be no problem in getting a building permit. In reliance on the statement of persannel in your building department, our client xemoved the contingency and paid for the lots. However, upon applying for a variance to reduce the required lot area, the application was disapproved. Our clzent now finds h.imself the owner of an unbuildable lot. It has been suggested that he purchase two adjacent lots from an owner with a similar problem, but tHat would increase the land cost�to a point where the size and value of a hnuse built thereon would be out of proportion with the surrounding houses. We are reluctant to bring suit against the City to seek to compel a variance because of our client's reliance on statements of agents of the City, but if nothing else can be worked out, we will have no alternative. We would appreciate hearing from you. � ,�' . Ygu�� very trul � � j _ .� r' ., ; GL�� ;�� ..Q�.�G�� Arnold I. Feinberg : AIF/r�s � � �_ ,., � � I�10 N0. �C-17 � , � 0 OFFICE OF THE CITY MANAGER FRIDLEY, MINNESOTA . m ��-.4 A REPORT BY April 18, 1974 �2i.. 1\. � `i� Apri1 26, i974 �� ', , M�IO T0: COMMUNITY DEVELOPMENT ADMINISTRATOR � pR�; CITY NiANAGER - '� DA E: APRIL 71, 1974 T � SUBJECT: L�TS 33 and 34, BLOCK A, RIVERVIEW HEIGNTS - THREAT OF A LAWSUIT �� See the attached letter from attorney Arnold Feinberg. Review, �comment and advise appropriate action. Thank you for your assistance. WMQjms S�r !�-r•�rRc-�-! mrz.vrs, � (1; �.. r•rrr� n, r sz. �� , ri ,�i E,�,� �v ; L � � c. 3, 14 7 c� ( 2.l `` << f�,c� , ZAC.zp�U�'Sk) ✓�vc. �, i5�a � C 31 U�-�rr, ��-;� c.E ��, Qu r s y" ��}� �-�-rr�-..�. {=�c+w� �a.,,.�,,� `{�S:V�� ;' (3, 15 `13 ($ i �M� � v T�-J u r gJ� J�-�, O Ci`rz- 1� (' P fi� tl1- �-S J v �� Ci � 3 C �..' o u�, c.. � �. %-�- u C . C o ' �� 7'3 . � Ll . `` `` � , `�r-`� .. � 7} 1M'�} P G'F �-2��Gk-, � �1 � . ,�,,� , ��-- ,� �.�� . _ � �_ � � ��-� ��D ,��-- .�.�- �-� ,�-��. � �� "�� -�-- . � G��`-e�^~-c,'�-,' . ■ � . . �.-1/-�� Darrel : New Suspend: Apri 1 26 <��79�4` You should advise the City Attorney to make the . � appropriate response to this letter. , - : NMQ/ms �Z� � �" �J . C^'�" �{'"( ��` � 1' � . � � '� . . � F'RED S. YESNES, INC. c�ea� �state � �►zvESiments • �ecv �onsfzucfr.otz P. O. BoX 27166 MINNEAPO�.IS. MINNESqTA 55427 , \ City o£ Frid].�y 643] Unzversity �lvenue �I, �. Frid7ey, `linnesota Atten�i�n: i uiid�n; Department July I3, I973 re: Lots 33 k 3'�, dlock A, P.iver Viec•z :leignts � . Gentl.emen: �nclosed is a;,7.5,00 c�ecl; and a variance �,plicn�ion. �•le wouid lii:•� to ma?ce ap�licatzon to construct a sin�lW family home on'tti� two Zots �dhic`i r�zl:e a to�al of 5,�' in frcnta`e. ' F�er your su;;�estion i contactecl T_ i Co. , i3uilders who are t<<e OscT20L'S Oi ZA�S J� �� 3U� W:11C�1 uY'e lul;'1r.�1.2tely zdjaneent t:0� 1i2C� L<1St Of our lor. They indicate� they are no± interested in sellin� said lots at this tit:�a v.n?�ss they rec2i_ve a huge rrice. I would ap�reci,ut� it i_f yoi� would contact ma as ta the tines and dates of the meeting that I assu�n� we c•�ou�ci be e..peeted to attend. . Sincerely yours, � Ciyli� Jr i1:�Jc'6U�7� i:'l.r� ��/r�V �.T1C 1QS ?.2 � 5 � R � 0 866•8510 � 1! � u I J � � � � � LJ ' � �'he Minutes of the Board of Appeala Subcommittee Meeting of July 31��1973 �� M�. �ew�s said that they were fu�ly awar� of the care needed when working around �x�es. He sa�d that any excavation fox foundation.would be hand back filled within Poux days of the start of digging. Mr. �ew�s also said �hat if the h�use were built at noxmal setbacks they would run �nto semi-ma.rshy areas at the rear of the house. ' Th�re followed further discuss�on on the house and lot. Mx, �arju said thet he �elt a house plan could be found to fit any lot if one �9oked hazd enough. Xt was decided to table this item while the other items were being discussed �n ' ox�er to give Mr. Payne and Mr. Lewis time to discuss alternatiyes. MOTION by Wahlberg to close the public hearing. Seconded by Cxowdex. Upon a voice vote, there being no nays,.the motion carried unanimously. �X. Fayne and Mr. Lewis came back to discuss the matrer �urthex. MOfiION by Crowder, seconded by Wahlberg, to reopen the public hearing. Upon a voic� vote, there being no nays, the motion carried. Mz. �ew�� argued that the 35 foot front yard setback should be more flexib�e, par��cu2arly in an area like Innsbruck North. He added that Mr. Payna had found hx� financing, and they were xeady to start construction. There was furth�r discussion over many points already discussed, including the possible precedent setting nature of granting this type of variance to the first builder on the street, MOTION by Harju, seconded by Wahlbexg, to close the public hearing. Upon a voice vpte, there being no nays, the motion carried unanimbusly. MOTTO� by Crowder, second�d by Harju, to recommend to the City Council denial of � the request on the grounds that the hardship shown was not great enough to warrant . �ecommendation. Upon a voice vote, thexe being no nays, the motion carxied. r i � The Boaxd was effective2y forcing Mr. Payne to look for altarnatives. 3. A RE UEST FOR A VARI.ANCE OF SECTIO;I 45.053 1B FRIDLEY CITY CODE TO RE�UCE THE LOT A�t.EA POR A LOT ON A PLAT RECORDED $EFORE DECL'�iBER 29, 1955, FR0�1 7500 SQU�1.�tE FEET TO 5100 SQUARE F'EET, TO ALLGW THE CO,ISZRUCTION OF A Ix7ELLING 'TO BE LOCATED ON LOTS 33 A�'VD 34, BLOCR 9, RIVER��IEW HEIGHTS, THE S�iL $EING 312 HUGO STREET N.E., FRIDLEY,_ MINIvESOTA, tREQUEST BY FRED S, 1'ESNES, INCORPORATED, 6600 DUPONT AVElv'UL NORTH, MIN:�IEAPOLIS,� MINNESOTA.} Mr. Erw�n Xesnes was present to present the request. Mr. Yesnes came foxward with the plans for the proposed house. Ha was immmnediately questioned on the two adjacent lots and his attempt to purchase 1 ti�ecn. Mr. Xesnes said that he had contacted Tri-Co Builders abouC purchasing I,ot� 35 and 36 of Block A, in the 200 area of Hugo Street. He said that Tri-Co di.d not wish to se11 at this time, except for a high price. i 1 �� r � � � � Ths Minutes of the Board of Appeals Subcommittee Meeting of July 31, 1973 Pa� Ghairman Drigans asked i� anyone wished to be heard on this matter. Aur�ng the course of �he discussion five neighbors stated their position as being opposed �o this variance on the grounds that it would inevitably Iead to two houses bein$ bui�t,�both on 50 foot lots, these being near houses buiZt on Zots of at leasfi %S �QOC frontages. �he f�ve neighbors speaking are as follows; rir. Robert Venne, 200 Iiugo Stxeet, � Mr. Ralph Officex, 315 Hugo Street, Mr. Ronald Zaczkowski, 314 Hugo StreeC, Mr. Kurt Skxandies, 321 Hugo Stxeet, and rir. James Jensen, 8181 Ruth CircLe. � � �� L � � � � r LJ � � , � � Mr. V�nne said that a similar circumstance came ug in 1970 at which t�me he wrote a�etter statino his position. Mr. Venne said that at that time �ots 33 and 34 were about to be put up for sale by the County. With additional property about to become ayailable Mr. Venne said that he felt there was not sufficient justification for granting the vaxiance. . The ad�ninistration feels essentially the same way now. Mx. Mattson stated that the presence of four undevelopec3 lots, even though they are owned by two separate companys did not constitute a dead end for building on on�.y two. rir. Yesnes was informed that there were six vacant lots across the street, three of which were owned by Tri-Co Builders and the othexs by Mr. Skran�dies of 321 Hugo Street. It was suggested that Mr. Yesnes attempt some further negotiation with Tri-Co Builders, even perhaps considering some kind of trade involving the lots across the street. - MDTIQN by Gabel, seconded by Harju, to close the public hearing. Upon a voice vote, �here being no nays, the motion carried unanimausly. M(3TION by Wahlberg, second�d by Gabel, to recommend to City Council to deny the request on Gh.� grounds �hat the presence of faur undeveloped Iots did not. eonsi�itute a dead end issue for building on only two of these �.ots. Upan � vaice Yate� there being no nays, the motion carried unan�mously. �, A R:EQ�7EST FOR A VAKT.�ICE DF SECTI�N 45 134. 6, FZtIDLEY CITY CODE, Ta RE�UCE THE DISTt��GE By�EN A 5�?t��T �ZT�TE �,Nb BUILDING, �N A M-1 DISTRICT IS AD,TACENT Tp ANl' QT't�y DIST�ZCT k�t(��i 100 F�ET TO 41.9 FEET TO ALLOW 1'IIE CO�STRUCTION OF .�Iti'` ADDITIO� TO AN EXISTIIvG I3UILDING LG��ED ON LOTS 7' AND $. BLOCK 6 kICE CREBK 4 PI.�AZ.A SOUTi? ADDI��.ON, TIiE SA2T� BE.L`;G 6536 MAIN S'1'REET N.E , ERTDLEY, MINNESOTA _�REQIiEST BY D�SIGZ'WAP..c� L�D. IhCOIt�T'ORA`rED, 6536 MAiN STREET N E , FRTDLEY MIh'N ) MOTZON by Wahlberg, seconded by Crowder, to ��aive reading the publzc hearing notice. Upan a voice-vote, there being no nays, the inotion c arried. Mr. Dick Knoll and Mr. Dave Brink were present for Designwaxe to present the request, They came forward with plans for their proposed addition. '' � , R�GU�.AR C4UhCIL I�1�}i'I'1NC QF ��UGU�T 6, 1973 PAG� 28 � E ntr. Ear1 Sarenson, 6370 �ble Street N.E., add�-essed the Council mnd Askea if it would be possible for the Cpuncil to approve th� variance ta 10 feet? 1'he C,ity E��gzneer said he could recommend thq vari.an�e he l.2 £eet, otherwise this waul.d become too close fio the roadwa-y. . btaypr I.i.ebl ask�d NIr. Soranson if the variance being gran��d for ' 12 �eet wau�.d accomodate his needs. Mr. Sorenson said he cauld jus� g�� tlie driveway in with this amount af vaxiance. � 1�Q�'�QN by Counc�.lman Starw�lt to grant the variance to Mx. 5aren^ qn fa'r��2 �eet. Seconded by Counci�.man N��. Upon a vo�� vote,4 ��. vatii�g aye; �iayor �,aeb1 #ieclared the motiori carxied unanimousl}�� i � � , � � �� > ■ ' �' RCQU�ST_FOR_A VARIANCE OF' 5ECTION 45.053, 4A� �RIDLEY CI ,E,, FRID VT T�I L , A ll1tiELLING TO BE LOCA'��p ADDITION, THE SAh4� BE N INNF,SOTA (RE(�UEST BY hIR. KI�YIJ PARK, h�iZNNESOTAi : �COD A�L 'Q kr--2 The G��y �n�in��r said the Board o£ Appeals had recommended tha GounG�.�. deny the reauest for the variance and �the applican� had pr�c��d�d to cQnstruct the dwellin� ac�ording �o th� Fxidley Ci.�y Gode and }�ti�hout the n�ed for the vaxiance, He said nc� acti.on irnuld b� ne��ssary. A R� ll�ST �C1R A VA RIANCE �F S�CTION 4S,053, 1B FRIDLEX CITY CpDE, A [��:��I fLi �R Th� City �ngineer said the applicaz�t hact called him and .re�uestad th� item bs tab�.�d until the nex� meeting of the Gouncil when hs could be in A��i1Gl�AC� . . MOTION by Gounci�lman Nes to concur wxth the Boaxd o� Ap eals anc� ' d�ny the re�ues� �or the var�anc� o� th� �ront yaxd se��d�k by �1r, �red �. Xesn�s, Incoxpoxated. Seconded by Councilman Uttax. � CounGilman Nee aaid a11 of the lats ar� substantia�.ly large and th�y had been picked up as �ax forfei�i Zots, He said this'action . �f �pprov�a ti�ou�a se� a pmttern f.qr tI�e creatio.n af 50 fQo� lo�ts, whQra �h�r� have been none laefoxe, Counci�.man Nee can�inued by , say3n� �Ghere is no haxds�ip in tha case� . �� , UPON A VC?IC� V�TE, a1J� va�ing ay�� MaYor Li�b��d�clarad th� mQx�on carried unanimously. � . . i / �? � v �� K' y�7 y+ . i `< � � � ' ► � \ �F �q ht- ' ♦ ' � 20 F . / ' � � , �.� � F• �b � . .. �.I .-�'� �� . . �' �• � a - , . � //�/ ^ � t t �' . ` • � _ ~ � � � � I 1 ' � �� r� .�`N � � : y.> .� ti, - , l y s�'�. t s�' 1 nN Q� i R,3y4�n oro '� ;' • � 1/ N . 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C , 11 . 1 O �l i � � � � ' V \r` 'V ♦ �~' � � °� � �i +• r . 1"'2' _ . � ,f • v I I i ` � �l i 1 _i� � { �� 0/ U1. �o : - h-�'. �1 „ .`, •, �n� - i ^ �{ ', , \ �,L i1 � V l `� /Y t" ... � � �� , `J Y Y� '�'�: � J i `Y I� , ', f y �F� Cs ' :-�^ `��~ � ea • ,� `..i : Ky� � : � � . . ., .-�� ' '• �> •�✓ Zn "'� _ - � " � � , ` . � ;�, j .%" _ N��i' : _ �,". �"�l.? _ -'�'� ='t •...t �`i= : '4 ti, ` ,'t' " �` 1 •� �, � �°. ' / .. /% �• ;.L � ` .r ' v , � �� ^ ' . �cf' � -e� - e�;. G'` - ' / o� �� ' i ... . ��= �� . ,M ` -..L'1 : � �•• : �/�� 1t` 4�- � a o , � w � ��h , !jr ,�`✓../ � 1 . t�r- ;'�• �/� Q ��" _ - ''i �� ` <Z. ' ��'��,i' / �� 'i ' � ~ ' i /,�'� T ,,' � ~�l/". �ttl�l� . �f � �s�X � .j � �_,��`� � �-' v � �I t �` lf�: i ��. � �/'ii t -� t �y�'�`� /�� -�� .�,�t`�` �'�. .. , ��i.'�`.- � V�" ` � `�`��'� - �� .•,c ..� 1 .. :w. . � � . i� Y� \~ . �. � �1•- i/ih" V�� 1 `.y " , .. . 1 yri �'�1 �♦ ry �'� �- MEMOR1i1VDUM To: Nasim Qureshi, Czty Manager r,ff�� From: Virgi.i C. Herrick, Cit� Attorne� `�.r,� Re: P�ject zv3_, - Suburban Engineering, Inc. I have had an additiona.i discussion with f:he representative of - � a�;� :�: E � �� the insurance company fox Suburban Engineering. ;� ,�� pG�3'' ` � " ' ' Bi �. Ai � rFPa�� `,t2.5t'1�..00 0:� the: tota:Z bil3 0.� $21,5.i�. , e�ta S�ur,��-� ar3 the above proj�ct.. I indicated that I would submit this pxoposal to the Cit� Counci,Z. As you wi11 reca.Z1, their previous offer of $5,000.00 was rejected. 2 would appreciate it if you wou.Zd p�ace this memorandum on the agenda for ihe next council meeting. VCH/,j 112 cc: Richard N. Sobaech, Ass.istant Engineer City of Fridley cc: Rober� Minder Suburban Engineering, Inc. i t.L �" � . ,. I � ��. _. ... _i' 21A '� ' � ..,.... ._.__.:_ ....__.�.. ,..�. _..._� __--• °--. .�.. - - --_ - � : � _ , , . _ . _ . , � . � � '' - , .. .. _. . � . .... . . . , _ . . �.. : - ' � � . . i . . . . � . . . . � . .. .. . .. � .. � . .. . .. . t. '.. � � . �.:n+. .. . ..._.. _...�_....,�.. .-. . � ._. �._.. � . .. �..n. �. ... . . _ ... . � . -v.�...., .�.w.. �.. T .__ � . .. � ...�. . .. �......_ T ........� �. .��.n.ww . _' ... s. � w .�'r—.�.��w..w . . .... , .. . _. ._ :Apxi.�. 2b, 29�4 --��. .� ._.. _ -_ .- .. � • ' _ : -. . r . _ .- . . . ; . -� . - _, - . _ . _ , .. . . . __ . ..� . . , .. . - . . . . .. . , . ' . � �. ' . . . .. � .. .. .. ,. �i : v . .. . . .� � _ : ti. f • _ ..< � ... .. Virgil Hexric;c, _. .t. . . „ . = -�.. '�� .. �...•r . "'�� '...+... L .. : _ _ ^i... . ._' - Attoxney At Law _____._._ .._._� _._._.._.._.._....___. .._ ._.. _____.�µ.,�._....__�.___�__ . . _____ _.__.�.._._ . . ,:b279 Univ�rsi�y Avenue N.s:e , �. - Fridley, '•;innesota- S5A3� . ...... __....___ ._.._.___._�._____ ��_�.._�_.__...y:..r_._____� ^. , , .. .. .. � .: . _ :. R�: Suburi�aa�- Engi�eer�tng...- .ilnpai.d�_Invoices.._.. _.__._.___�..,.._-___.�__.._..._____.._ � , .` ` � � � - ; . . - ... ._ ...... . .__. _�.....�__..w_ __......��.:_�____ _.__ _..__ �._.._._... ---�_ _____._-__ ____ � _ . . Dear Virg,� � �� . . .. - :, ,. .. .... . . _. . .., .., _._, ; ; _: : , : :_ :. �nc7:osesd, plea.�e find a .b�.�Iia�g �ro� Subuxtian � � , Ena3neering dat�d Apr�l I8, 1974, for znte�c�st due ---_.�...._,___.� ._,.... ' ,:. ..on the unpai.d invoices noted. Tlie enclosed memos _ �. ' '. �:._a`."' f �<';� .'. . . ... .' � � . . . -. , '� ... r �.s4 Ki -' .:_ ..,;'.�4::r/." . and previuus coz r��spondence fxc��n youx c�f�i c� g�� --'". .. . , �` ., � indicati�on iregardi�� the City`s positic�n re3ating _ , �a t2:e unpaid invoiees. It is our opinion that ; _ � _. - the City's posi�ior� re�ains:'wtchar�ged and tha� -;-,.; � ,�.. : . �. Suburban ��gineerir� r�i2l n�t b� �aid..unti��nc,�i=�-___w _�_.L._..---- ., = _:.. fied by your of£i.c�. , • , . . � �- -•� -, � _ _ . ..�_...._ . _. ...._.. ._ . . _ ___:_ _ . _. ..,_ _ � :- � If ther� are any chang�s in the pxesent .. �,..: ,_ status,. pleas@ advi.se ._° i3�a�s:cs° for�-you�-h�Ig. in --_,_�__,__ .. . . !.� ,this� �a�ier.. _ , �.. _ ...._._. . _._..._. _._. _... _ _w__...�..___._____._ ,.._.___�._.__-- --- -- - _.._ ___ ,,• ; , . _ �. . .. . . �.. - ._ _ Sincexely„ _ � _ - .. . . , . . ` � . , , ..__.__ _._.�._ __ ..._ _ _.., . ._ . _� ,__. _.__.. _ ._..__._ _._._______.�____�.. , ..., , . , .... . . , . � . . • . _. . .. f!� ' _ � . . � � b -•- ,� , . _ ._,_ ._ ...�..___ . ,-._ ....._ �.... .... �... ..-....... .., �" L .._... .. I _ .. . JRichard N. So iech _ ._._. ..�....,-. _._.. _...>�.. ,. . ,.. .. ;.....,_.�. .:. .. ..,_..__._......._.. .�..._.._. __ ..._. _._ ..___..__._ ___ _ ______�.__.._._......._._.... Assistant Engineer _ . i R'VS/PI _ . .. _ . _ ___ ______.. _:__.�. _.� _ . __ .__ _ _ . _. __._. ._. _._.._ _. ... ._...._._... . . _,. � _. _ . _. ._._ ____ _ .- -- . _. �_ Attach. , .._ ._... ._.. ___._..._. _ _... ._._ .� _ _.. __ ��_._._..___..r_.__.�... __._._... � . ...., . ... ...... . __ _ .-- �----__ __ _ -- :. _ . _._..._._____ �. . . , .� .. --- . �.. , . _ � . _._. _. __. __... _ . .. . . .�_ . .. ....:.,_ ... _.... . �.� _,__ .. __.._�..._.__ _ __ . .. _ ___ II � � � �, .. y �� *� r:.;� r � �� :: r r�:, r' . . . . . . � CFI4RLES R.WEAVER � � HEft:sAN L,TALLE � . VIRGIL C.HERRICK � �� •� ROBERT MUNNS JAt��ES O. G.IBBS - YJILUAM K, GOODRICN THOM�S A.GEDOE � JE�"FREY P, HiGKEN � LAW OFFICES � WEAVER, TALLE � HERRlGK ' Stz;�urban Er_yinear.#r.g, Ir_c. 6375 il?R:z:,��y ilo., {� ll.E. M.ir.r�•�a�.ol.is, liinneso�a 5543� ' • � . C-sn*Ze:-�en: 1�uqust .24, 1973 Re: rroject i 1c73 316 CAST MAIN STREET ANOKA, MIN�NESr3iA 55303 ' � � q21-5413 6279 UNIVEP.SITY AYENUE N.E. FRIDLEY, MINNESOTA SS432 . 560-3850 �. FIRST S7ATE DANK BU�LDING � COON RAPtDS,MINN.5S433 755-1330 1r ��n. s�rzt�rg t'�a.s Iet�ex as F�.idZ�� Ci±-y Afitorney and a� t!'�a � recsuss� af 4hn I'ridXe� C.z�y Cou.�cil. I z��cen�Zy submittbd the axbjtration d�c�szorz on ��e a}�ove �xajac�, tog��h�r F�.i�h a rre::r�randu.�r sur,�u-na�iz.ing tha arn.ztxa�ian rxoc�dur�, �n� x�su.I�s o� the aruitx�tion and r�cor..nend��zons . rec�ardir.g r�sfirads of t7a��n� fo� �h�� addi�.zonaZ c��. � T21e cou.ncil f�2� th�t ?nas��ch as tne �zAatrata.rs ir.dic�tsd �Iza� a por�.�on vf ti�u pro.�Zer�. sras c�-zus�:2 �y � znade-,ru�ts desi.,r.� and .i� �ropex - � ir.s��c�.ion� tha� �'oc:.r f.ix�-� sna:z,Zd be re5pcns:Ible .Por sor�e �f t?�e a�di�ionaZ cost. Tc:is .Iett�x .is to udvis� jOi2 0� a`ht� ga�s.ib?Zit� of a c1�ir.-r I�.��ng r:zac?� b� t.�� Cz�r� of Fxidle� agair.s� your fixr�z and tc+ x2quast tha� �ou - � adviss your ins�.ranc� carriEr of �h;: po��zt?-ia� c.��:;�. If �ou �r,zsh a��'i�-zonal i:�zoxr.iatio� or ��a.�t to d�scuss �he r.ra��.� � ftli't�2�r, ple�se �ca.Z �'r�a �O �'A!74:�LL 1'�as.i_M Qures�i, Ac�in� City :;a.naq°Z'♦ oT i'tys��'. •� � � VC.H/,jlh 1 c:.: IJ�s �ri �ur�sh.i, � ' ��I � , � S.�IIC�.L'G'l y � %�, �� % ' �% y�=�----- . i�irgzl C. ilerr.ick , 0 0 0 Z1 B s . . . , . _. . .._... .__ , .. ._ -,--- .. . ..t...,,<.,.,�.. ,._.....�...�.,,..... "� � � �� ' � � ak r,i � � . � � � . E...�,. � . . . � :�;�:.�' hIEI�lO T0: �� 'M I�SEhtO FR0;�1: ' .. Nasim M. Qureshi, City Engineer Richard N. Sobiech, Assistant Engineer h1Ehf0 D�+TE: September 7, 1973 SUBJECT: jVater, Sanitary Sewer and Storm Sewer Project 103- ' Fina1 Aisposition of Improvement Costs i� On September 5, 1973, Virgil Herrick, yourself and T had a meeting to discuss the desposition of final improvement costs involved in the xeferenced se�ler and water project. The improvement costs, as deter- � � mined by Suburban Engineering, resulted in a total project cost of $418,489.50 (the figure assumed an overhead cost of 27.5%). The . oxiginal contract cost �aas in the amount of $255,537.55, �vhich would � result in improvement costs o.f $325,810.37. The difference in the costs is $92,679.13, which in essence is the corrective work required to repair the deiiciencies encountexed on the project. � i � � � 1 � � � r � The outstanding cost of $92,679.13 caas agreed to be disposed of mainly thxough the assessment procedure to the extent of amount of benefit to be received by the subject property. 1Vith this in mind, the overrun k�as disposed of as follows: Amount of extra costs to be assessed -$43,641.41 � � Outstanding bill not to be paid to Suburban Engineering -$21,514.17 Coxxective wark charged to Utility Fund, due to maintenance performed on sewers - $4,800.00 Amount to be transferred from St. 1972-1 � 2 for corxective woxk performed in preparation of street project -$28,281.64 The above disposition of costs was agreed to be the correct procedure to follow. It was also agreed that the additional assessment of n�paix costs resulted in a total improvement cost which justifiably be�tefi�.ted the properties involved in the project. The forieiture af Suburban Engineering's final billing was agreed to be more than a fair settlement for the inadequate consul:tzng services p erformed on the.pr.oject as was noted in the decision of the .arbitrators in the arbitratian action by Dunkley Sarfacing Company. �� r `,�� .. v . Richard N. Sobiech RNS/p 1 CC: Virgil Herrick , -- . _.. _ _. __. ..:.:.....r ., Y .,. - .-----J Main Office 7 �� 6875 Highway No. 6� D , .;' �� y � � Minneapolis, Minnesot; `°4:,� � 1 N C. � South Otfice 90� i_ ;' a Civil & Municipal Engineering • Soil Testing 151 West Burnsville Crosstown M� �, � Land Surueying • Land Planning Burnsville, Minnesota 55337 a, � : '�� . � . . _ . .. , . . . !� �. • DATE A ri 1 - T"' �] p 1 18, 974 ', � .City of Fridley . 6431 University Ave. N.E. II�VOICE NO. E74-4070 Fridley, Minnesota 55432 . . � � . . � , _ [_ ,,,j TERMS: NEi' i0 DA�1fS __ � --- ~— UANTITY �i , DESCRIPTIQPF Invoic� 4E73�3686 billed �ff�Q/73 $1,0$G�.89 � Interest @ 8% from M�y l, 1973 ` tYirough April l,` 1.974 Invaic� ��73-3753 t�illed 6/26/73 $7,U��.95 =. Interes� @�% . from Ju1y 1., 197� �hrough Apri1 ]., ]_�74 . Invoice ��73-3812 bi.11ed 8/17/73 $�s39C�.09 - - Tntexest @ 8% from September 1, 7��73 tt�xau�Yr April 1, �.97� Invoice ��73-3813:`billed 8/Z7/73 $3,953.24 Interest @ 8% �ro�tt Septemt�er 1, 7_973 through A��ci.I I., I974 Invoice ��73-3857 bzlled Septembe� 19s 1973 $655.5Q : Interest @$% trom Octaber 1, 1373 through April 1, I97�t � .� AMOUNT $ . 79.57 '.° :426.99 454.�0 �` � 184.47 26.22 Interest on unpaid invoic�s from �nnsbruck North Project 10 �$�,172.Z5 : , � .. � , MEMORANDUM ' To: Nasim Qureshi, Cit� Manager � From: Virgi.Z C. Herrick, City Attorney `',j .f/�� Re: Intoxicating Liquor Licenses Date: Apri1 29, 1974 . - • I have reviewed Chapter 268 of Laws of 1974 reqarding the issuance of intoxicating Iiquor licenses. From such a review, I am of the opinion that the City of Fridleg has the authority to issue additional on-sa.Ie licenses to private persons who operate hotels or restaurants, as defined in Minnesota Statutes 340.07. In order to issue such additional � licenses, an affirma�tive vote of the eZectorate must be received on the following question: "Sha11 the City Council be allowed to issue on-sale licenses for the sale of intoxicating liquor at xetail in excess of the number now permitted b� 1aw?" If the COLIi2CiI wishes to issue addztional licenses, they should schedule this referendum at either the primar� or qeneral election. If an affirmative vote is received on the question, .zt would be my interpretation of the existing statutes that the ci�y could issue.up to 18 on-sale licenses. VCH/j1h � I� ' \ } `�1 VH-5 CITY AiTURidEY GITY l41Ai�AGER APRTL 26, 1974 II'dTOXICA7�itG LIQUOR I � i � i �/ I May 1, � :,t�e City offices have rec�ived some informatian conr.erning the possii�iiity c�� th� Ciiy r�c�iving ad�itional liquor licenses with thie approv�i of the el��oraze. Atiach�d to �his m�mo is a c�py of Cii�p ver 2a� o� th� I a�rs es�abl i sh�d by the 1974 68th l.�g�islature, s�cor�d renuiar session. Please revi�w this attached maieriai ar�d I wouid appreciate yo�ar �omm�n�� on the ac�ions neecled by aur Cit.y Council in establisi�ing additivnal iiq�aar i�censes for �he City of Fridley. Tf at all poss�bl�, I tiyould appreciate a response by May lst. Thank: yau for your assistance. I�(�1Q/PJ H/ms . � / , . .. -'�'°"'t`a�+w�+W��.�,. ' 1' - ...�.,...� . �.:. . .. . . .. . - _ -_ L * �..' _— _ _ ' _ w . - , �►i , .�r 6 i • 1 r�17IT F�E � ity tor tt�e commis- : fo tfae �3esfruction Iin�lnnesota Stat- tir�n S, is amend- rn�its, �vibh Pce, to ttic�han �vild rice ic »ts into ott�er a tic vegetntion ' St1C11 COIICI1C10215 t1S �►Lle s�ecies of fish, or protection of ed y a permit fee imissioner pursuant ad blished in the T schedule may ec �0 per perinit I issning the permit tit�pplication for hc rmit. \o fce �ge applying for n si�ntl be deposited i , aft�r pab?ic �iin�sota Stat�ites, znd crileri2 go��ern- �tiug aquatic platnts �ua pini�t control m gement plun.^> � f ire to conaply _" , , � � � :�. � � S�COND R�GULAR SESSIaN INTO�ICA�'I�'G I;I�UQ#�—I`+IUlviii�it �F � LICEi�S�,�',--EL�CT�.ON� CHAPTLR 2S8 . S.F.I�TO.919 [Coded in Pari] cl�. �� Rn A�t retafing to intoxicatir.g Ifr,uor; exclusi�e liqctor stores; entertsia- . ment; providing for efections to aafi�orizE exceedin� sfatutory limits on the nUnber of }Iquor licanses; amending ASinnesota 5tatutes 197i, Sec- - tions 3=S4A�, Subdi��islon 13; 340.ti, by adcling sahdivfsions; and 340.353, " , Subdivisicns i and 5. Be il e�:acted� b� tFe Z.egisiature of the State oj �1lira�zesatu: • . Section ]. 1Iiuuesota Stutntes if)7I, Section 3-10.27, #s amended b3• �ddiitn A subctir�isioii to rencl: Sui�d.� IS. The go�-eriiin„ i�od�- of .ui,v city, inc2uding stntutors� cities rind . Cities issuing "on-sal"e^ licec.ses pursuant to \Iiiii.esota Statutes, Sectio�i 340.353 rnZf issue "on-s� le" licer.ses ia cscess of the number autl�oriucl bti• Dlinnesota Statutes, Section; 3Y011 or 310.3:�3, upon anthorization b� ti�e � voters of the mtinicipality �cotiiig at a special clection called for si:ch puY•pose or at the get�er�il election in ttze nzunicipulit;•. Sacti �overtzina Lot3,-�* in:ty by� majorits ��ofe direct that the foliu��•iug quesYion Ue piaced on tl�e baltot at a special electioii c.11led for sucli purposes or at a general electioii of the eit3�: "Sh.ill the city coutieil be nlIos;•ed ta isstie bn-�a1e' liceiises far. ttie s�Ie of infoxicatina liqeo: at retaiI in eacess �f tI�e riun;ber now permitted ' by- ]A�ti�?" If a majoritr of �•oters ratiiz�; oa� the qi�estion at such election �•ote iii the affirm�ti�•e, tt�e �.ucec•iii7ib body m:t� issite "on-sale" lieenses in suclt iiumLer as it shall determiiie «•itYwut regnrd to the iiumber autI�or- ized Uy .lIinnesota Statutes, Section 310.1L Sec. 2. 3Iii3raesota Statutes 1�J71, Seetion 3�0.11, is amended by �ddinD a stiUdiF�ision to read: SuUd. I�J. The soti•ertvnb Lods• of an3� cits iii �ti�liich real I�roperty or the � �ili2CI1RbS tFtereon 2ia�•e been [ut.en � for �t put�lic �pi�rpose b}- negotiation or � emine�it doizinin proceediiigs, and such propert5 ��-as actualIy and I1«-futi3� useti for the snle of into�icatii:d ]iquors immedi:ttely prior to sucl� t�kin�, and in n-]tieYi e3tv there #s ans tei•r�toi•y in �z•ti;eti sa3es of inCo�ic�tiiid licfuorg ha�e Ueeu prohiUite�l by cit�° charter, or latv of this state, is hereby authorizecl and empo�i•ei•ed, b3 a m.ijoriYi� �•ote af t}ie gol•erning liotly ther�for, in .ldtli= tioii to t2ie number oP ticenses iasued zn sucti protiibited territory, to reissue . such licensc at any locutioii, inciu�in� iiotcIs, iu said cit3, �vhich locxtion shall be suUject to all liruitaYions, no�ti- prescrib�d i�y ans lair of th�s state. Pcocided furthrr ttizt _ any et�anbe of 2ocaitioii due to a tal:inb 1Pte:• July 1, 1:172, must Ue accomplishecl Uy July 1, 11)7G, irut flll licenses issued, rc- ne��-ed, re�ssi�ecl, tr.insferre�i, relocatecl pursuant to JIiiinesota StaYutes. Seetioti 310.21 oc• an3• otlicc siiiiil.,r I�ro� i;ioii of staite lu�t•, rna5• contini.e to be rene��•ed, reissucd, tr;i�isf2rred or retocatecl ��ursuunt to the tcrms tt�treuf. Sec. 3. :lIitinesofai Statutcs ]97], Section 310.3:;3, Subditi•ision 5, is amended to rea<l: . Subd. 5. lssuance of licer.ses to privafe persons. Clause 1. �otwitlist:in�3- Ing ztny proci�[on of ctiaptcr 3t0, ��ftich ric;iy ir.ilicatc Uic cont-i^irp, any cifF� " ownit�d aud o��crutin� :i municipal liquor sturL on tltc effecti�•e datc of tl�is ntt mny�, f1C II1C (IISCI'CIi0I1 OP I]iC sOPCtllllli; body, 3ssuc "on-sule" liqnor ]ice»se� 357 � --�..�-.�.. __......,_.�. _ .�.r..�..,...,�.�,�.w,�...,.,�,�...�,.:, �.___ ' � • � `3 •� �' . . .�'` N � � , � 1 i � � � � �.�. �� . G8th LEGISLATURF t0 j)I'1�'J.CC pCI'50I15 for tlie oPerntion of liqtior stores in conjnnction ��it:h nny estlblishnicnt ctefined i�i section 3�0.07 as � hotel or rest�urant, and the retluirements of tLose definitions reintin„ to seatiug eapacits and the nnmbcr of gucst rooms stiall zp�>ly for purl�oses of this section. The city issuit�g �ny "on-s12e" licenses pursnnnt to ttiis subclii�ision may thcre�ifter in con- nection t�itl� tite oper;itioii of the municipat liquor store continue to engahe in tlie sale of into�icnting ]iqiior at either on-sale or oif-s�t1c, or tath, or may r,es�me operation of any muizicipal on-salc or off-sale store pre��iously discontiuued. Glause 2. Tl�e numUer of "on-s:ild' licenses issued pursuant to this section by nny municipalits sl�all not esceed the nutul�er atitliorizecl Uy section 3�0.1], subdi�•isions 6 or 7, as the case m2y be ; pro��ided, tiint thc proti�isioi�s of section 3�1011, suhcll��ision iS, shnll appl� to nnv cits issuin� licenses pursuant to Jliunesolu �tatutics, Section 3�10.3:�3. For purPoses of tl�is subdi�•isioii, populfltion sh;il] be established by tlie most recent acailable federal decenni�l � census as of the date_ upon ��•hicti a license is issued. Ciause 3. :�o city shall issue licenses as pro��ided in this section until anthorized by- tt�e voters of tl�e cit3• ��otinb oii the qnestion 1t a speciai etection calle�l ior such purpose, the election to Le couducted in accordRnce �vith the npplicable pro��isions of ti�e .lIinnesota election I2w. Sec. 4. Notbinb in sectioiis 1 nnd 3 of this 2ct ska12 Uc construed to af- fect ttie status of ans `bi�-sale" license nlready issued in an�-, city� pursuunt to Ia�v. • Sec. 5. Btinnesota Stattites 1971, Section 340.07, SnUdi�•ision 13, is t�mended to read: - Subd. 13. "I�xclusi�-c liquor store" is nn on-sale or off-saTc, or comUination on-sale and off-sale, estabiistiment usecl etcl�si�•elr for the sale oi intoxicat- ind ]iquor at retail and under tl�e control of an indiei<lnal o�rner or inanager anct us an incident tliereof mas also sell cigars, cigarettes, ice, all forms of tobacco, nun-intosicating malt be�•er:�aes, and soft drinl�s At retziI. An e�clusive liquor sto.e includes an on-s�le or coinbiTtatton on-szle and off-su12 estr�blisl2mezit operatin� i restaurant or sellin�; food for consnuiption on the pre�iises �vhen �uthori�ed by the municipnlity issuing the license or owning or operr�ting the e�clusice liquor store, as the case ni:�,r be. Sec. �. DIinnesota Statntes 1971, Section 3#0.3�3, St�Udivisiou 1, is aniended to read: 340.353 I`rlunlcipat liquor stores; estabtishment; oneration Subdivlsion !. Estabf�shment. In an� city, cill,lge, or Uorough ha��iiig u populntion oi not more than 14,000, �tecordinti to the most recent federal deccnnial census, the go��erninv Uody mas estaLiish, oti�•n, :�ucl operZte liquor stores for the d�si�ens]no of into�icating liquor eitEier `bii-sale" or "oif-sale" or both. Such liqaor stores IIl:l�� zlso s•all ci�ars, ci�2rettes, ice, nIl forms of toUaCCO, non-iiito�icutino in:t?t Lc�•erages, an<1 soft drinl:s at retail, and inay offer recordcd or li�•e entcrt:�inment. Ti�c authority conferrec2 Uy this subdi�ision i� limited to the type of mimiCipalits named herein. Approved Dlnrcl� 27, 197�1. . � �. 0 � � � �� t4n Ac 13e it c �ect auicii�I 458.19: S ubt ttt�der aut• ci :1 port SCCtIC•il �ttixlic Sec. sub!lic Sttix� h•ict u sh11t � tC17t1i12 tVltlllil tiiati t bnse �. to tLc sub,eq oP sucl undec mitl " r: ratr_s . n3ecit � com��ul ��isio��< ts•ltli i•� buoh; thorit�• trict, i tncmTU� reportt inch:,!:� tioc.; t r�initn Ly t��• un} s:�' o[ �u��i t:u tu� � i C� � � � � � � � r � � � � � 0 RESOLUfION N0. A RESQLUTION ORDERING IhiPROVEMENT, APPROVAL OF PLANS AND ADVERTISING FOR BIDS: STREET IMPROVEI�IENT PROJECT ST. 1974-10 (SEALCOATING) WHEREAS, the City Council of the City of Fridley has establ�shed a policy of Sealcoating the City streets on a regular basis, WHEREAS, the City Engineex has submitted a pIan showing the stxeets in need of Sealcoating, marked as Exhibit "A". • NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Frid2ey, Anoka County, hlinnes ota, as follows: 1. That the streets marked black on the attached map be sealcoated, and the work involved in said improvement shall hereafter be designated as: ST�tEET IMPROVEAIENT PROJECT ST. 1974-10 2. The plans and specifications prepared by the City Engineer for such improvement and each of then, pursuant to the Council action heretoiore, a copy of cahich plans and specifications are hereto attached and made a part hereof, axe hereby approved and shall be filed with the City Clerk. 3. The work to be performed under STREET IMPROVEb1ENT PROJECT ST. 1974-10 shall be perfoxmed under one contract. The City Engineer shall accordzngly prepare and cause to be inserted in the official newspaper advertisements for bids upon the making o� such improvements under such approved palns and specifications. The advertise- ment sha21 be published for two (2) weeks (at least 10 days), and shall. specify the work to be done and will state that bids will be opened at 11:30 A.M. on Monday , the 20th day of May ,].974 in the Council� Chambers of the City Hall, and that no bids will be considered unless sealed and filed-wirth the City Engineer and accompanied by a cash deposi�t, bid bond, or certified check payable to the City for five per cent (S%) of the amount of such bid. That the advertisement for bids for STREET IMPROVEMF,NT PROJECT ST. 1974-10 shall be substantiaZly in form as that noted in Exhibit "B" attached hereto for re£erence and made a part hereof. ADOPTED BY THE CITY COUNCIL OF THE CITY'OF FRIDLEY THIS 6TH DAY OF �Y , 19 7 4. 1 � ATTEST: � CITX CLERK - MARVIN C. BRUNSELL MAYOR - FRANK G. LIE$L G� � � �: i j, . 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I --� �_ 1 �.�� _ �" r ,��: ��, ��Jj,�',, � ��} ` � / '� -`� -�� `_:_��1'r -�"�`�`- J "�, dj t i - -,i 3 �r �,.J -�. s-� _ ��;� 1 �� / f�_ `� � �e I ,. �� - �� — � � � �7 � i ^.� � � - �G �'°• z -�. �L+" �` � 6 ��i �''+, -� � S � / "��'k � `l.'s � �� -_`i'' � . .` �� g.:.-_ti\ ��.u�� t�� I.� ' . . a `/ �� -� } .,� �� .t- �_�- � . . � �c �� F f , ` ~� ,+�^ 3I i � -> y�� `± a � � , � — . _ �^ . � tu 1 �._ /' � \ �. .. � � t�= �i � � % � � �I�� 3T�-___;�^ � , � ____i_ : = . � r� i°r� . t� `�E � �� `�. �� - --�i= ` �`�r i�1�� Cr` �� t�. 1 ,, � � 1 y'i. � j �� It+ - � ,�-- � ,� l� -_+I (�� i .,^� ��L"„ � j.l� ., ��"��-� I -�-�- � -� -- -i� ,� � � = i�� ' ' I " ' � , -�. _ ... ;�� _ _I 1 `�� --- � , � � L i = ' = -... " ! � r _, ' � -'��;------, ��'� - . . � �h... � � , �0 - �� _��('��'�Ti��i� _ _ � � -- = � �. _ - - 5 N 1 ' r �CL :1 (1� - ' � V - I 1 =, _ J �_.�'�— � � � � ^ :�i � _ _ _ � �: i .._.. .. �I __ .. � ■ �� _' ��. y "' I .�. .. .. . � � � �i � ): f �� _� I � _ � . Q � � . J-.�I`'_x=a�� _ � ::I �-: � ' _ . j 'r " I - K ; �1� J;�� ,i=,.==�_ _- ; _ , _ i � � _ � � `�` �� i� �. = '- - _-- ` _ _ � ��--�-�j_ =- ` - `=-- - . ._ .�, __ - < � "� ;�__ - -- _- .. - . . _- �. _ � = :. I -. i'' - $TREET MAP-CITY OF '_ ��: � I �� t;� , �I�IDLE� = " - = _ � �� , -- -1w---�.�- - u-_...._.....: .� �_.. t_.. U ; � ~ , .: , , ._ _.... . ,.. _... .� �� . ._.. � . .., - - - ..�,.. � � - ` ' _— _ x.0 . ._._-.- .. =-----r�.. . � �-___. .. • .. �.. , �� .. � __ . ■ a n • o s � FA - 2 �°—� FA- 3 //i//�/ (trap) � 1 � � � u i ' L� RESOLUTION N0. A RESOLUTION ORbER�NG IMPROVE;�IENT, APPROVAL OF PLANS AND ORDERING �, ADVERTTSE�IENT FOR BIDS: tiVATER, SANITARY SEWER AND STOR�i SEtiVER Ih9PROVEi�IENT PROJECT #115 WHEREAS, Reso�ution #10-1974 set the date for heaxing on the improve- ments, as specifically noted in the Notice of Hearing attached thereto for reference as Exhibit "A'!; and �VHEREAS, all pxoperty owners wbose property is ].iable to be assessed with the making of the improvemen�s (as noted zn said notice) were given ten (10) days notice by mail. and published notzce of the Council hearing through two (2) weekly publications of the reQuired' notice, and the hearing was held and the pxoperty owners heard thereon at the hearing, as noted in said notice; and iVHEREAS, Resolution #2�J-1974 adopted by the City Council o£ the City of Fridley ordered this improvement. NOjV, THEREFORE, BE IT RESOLVED, by the Council of tlie City of Fridley, Anoka County, Minnesota as follows: I. That the followin� improvements proposed by Council � Resolution 10-1974 are hereby ordered to be effected and completed as soon as reasanably possible, to-wi.t: , � � , � � � ' � , �9ater, Sanitary Sewer, Mains �, Laterals � Service Connecrions Storm Sewex � Drainage Facilities � Related Appurtenances; to serve the following proper�ies: The area bound by 78th Avenue N.E., 79th Avenue N.E., Beech Stxeet and the Burlington Norfihern Railroad Tracks That the work involved in said improvements as listed above shall hereafter be designated as: i1tATER, S��iITARY SEWER F� STORM SEti9ER IbiPROVEh'fENT PROJECT #1i5 2. The plans and specifications prepared by the Ciiy Engineer ana Comstock � Davis, Consulting Engineers for such improvetnents ancl each of them, pursuant to the Council resolutionshexetofore ' adopted, a copy of cvhich plans and specifications are hereto attached and made a part hereof, are hereby approved and shall. be filed with the City Clerk. 3. The work to be pexformed under 1JATER, SANITARY SE�VER $ S'tORM SE�VER IMPROVEbIENT PROJECT �115 shall be performed under one contract. 24 Res. No. Adv. for Bids, #115. Page 2 Ttie City Engineer shall accordingly prepare and cause to be in- serted in the official nevaspaper advertisement £or bids upon the making of such improvements under such approved plans and specifications. The advertisement shall be published for ��a� (2) weeks (at least 10 days), and shall speci�y the work to be done and will state.that bids will be opened and considered at I1:30 A.M., on the 2Qth day of May , 1974 in the Council Chambers of the City Hall, and that no bids will be considered unless sealed and £i�ed with the City Engineer, and accompanied by a cash de�osit, bid bond, or certified check.payabie to the City ior five per cent (So) of the amou�t of such bid. That the advertisement for bids for �Vatex, Sanitary Sewer.and Storm Sewer Projec� #115 shall be substantially in form as that noted in Exhibit "B" attached hereto for reference and made a part hereof. , ADOPTED BY THE CITY C0IRVCTL OF THE CITY OF FRIDLEY TNrS 6TH DAY OF A4AY , 1974. - FRANK G. LIEBL - b1AY0R ATTEST: � MARVIN C. BRtJ�JSELL - CITY CLERK 24 A L' J ItESOLUTION N0. " ' � • A RESOLUTION AUTHORIZING ACQUISITION OF ADDITIONAL EASEMENTS AND RIGHTS OF WAY FOR WATER, SEVUER AND STREET IMPROVEi�NTS UNDER STREET IMPRQVEMENT PROJECT ST. 1974-1 AND ST. I974-2 r , � � WHEREAS, it is necessary to acc{uire easements and rights of way from the following parcels of property for the construction of water, sewer and street improvements nat.ed under Stxeet Improvement Project St. 1974-1 and St. 1974-2: 1) The additional ri.ght of way required to improve Bacon Drive from Onondaga Street to 75th Avenue. a. The east 3Q' of Lot 9, Auditor's Subdivision #129,except the south 100' thereof. All lying in the North Half of Section 12, T-30, R-24, City of Fridley, County of Anoka, State of Minnesata. (Parcel #630) � b. The east 20' of Lot 11, Auditor's Subdivision #129. All lying in the North Half of Section 12, T-30, R-24, Cz.ty of Fridley, County of Anoka, State of Minnesota. (Parcel #740) 2.) The additional right of way required to improve Arthur Street irom Camelot Lane to Rice Creek Road. a. The west 33' of the west 132' of Lot 4, Auditor's Sub- division #22. Al1 lying in the South Half o£ Section 13, T-30, R-24, City of Fxidley, County of Anoka, State of Minnesota. (Parcel #560) WHEREAS, the City Council previously determined that the Project was feasible and necessary and has approved the plans and specifications. NOW, THEREFQRE, BE IT RESOLVED, by the City Council of the City of Fridley that: The City Administration, assisted by the City Attorney is authorized to acquire the sai.d easements and rights of way for the purpose of the improvements of public utilities and streets. BE IT FURTHER RESOLVED, that if the Administration is not able to acquire said easements and rights of way upon terms agreeable to the City Administration, that the City Attorney is hereby authorized to com- mence condemnation action in the Anoka County District Court for the above described easements. ADOPTED BY THE CI'I`Y COUNCIL OF THE CITY OF FRIDLEY THIS " DAY OF , 19 74 . A'TTEST: MAYOR - FRANK G. LIEBL CITY CLERK - h1ARVIN C. BRUNSELL 0 �' � , ' � RESOLUT�ON NO. A RESOLUTION TO ADVERTISE F�R B�DS Chain Link Fence - Commons Park , BE �T RESOLVED by the Council of the City af Frid�ey, as �ollows_ l.. That it is in the interest o� the City to award bid con- � tracts for the �011o��ing it�s or mate;�ials: � LJ ' Playground Equip:nent 2. . A copy o� the speca.iications �or the above descr�bed itexns and materia�.s, together wit,h a proposai fox the mathad of purchass and the payme�t thereo� Y�:ave been presented ta the Council ?ay thE Ci.ty ��nage�; anc� the same are hereby approve� an� adop�e� as t�i� plaa�s and specifi-- cations, and fih� r�et.hod a� acqt�a.sitio�z arzd paym�nt to be required by the Ca.ty witk� xesgect� ta the acc�ui.si-�ion � o� said items and m��.e�ials. � 3. 1 � � � � . � The puxc�ase of saic3 items and ma,teri.al.s as descri.bed� above shall b� e�feeted by sea�.ed bids to be rece�.ved and openzd by the City of Fra.dley an the � i6.. day o� May ., �.974 at T1:00 a.m. The City �ian�.ger i.s dixected and authorized to adverti,se for the purchase of saa.d items and materials by sea�.ec� bid proposals ur_der xiotice as provided by law and th� Charter of �.he City of �'rid�.ey, the notice to be su�.istantially in form-�.as that shcwn by �xnz�ait "A" atta��.ed he�e�a and made a part �:h�reof by reference. Said notzce sha1,1 be pub- lished at 7�east twice in the official n�rspap�r of the Gity of Fridley. PASSED AND ADOPT�D BY THE CITY COtTNCIL 4.c T`sSE CITY �F : FRZDI�E'X' THIS DAY �OF , 1g7� ' M�Y�R - FR,A.IV� G. LIEBL A�'T'�ST: � - C�TY CLERK - MARV2�7 C. IIRUNSLLL � � � � � ��J � �� CITY OF FRIDLEY BID NOTZCE for Chain Link Fence�- Commons Park EXHIBIT "A" 'The City Courcil o� the City o� Fridley, i�Iinnesota will accep� sealed 'bids on Playground Equipment on the �.G-th day of ,?,�ay 19'74 until 11:OQ a.m. on said date at the Frid3.ey City Hall, 6431 Universa.ty Avenue N.E., F�idley, �Iinn�s�ota 55432 (Tel: 500-345Q). All bids must meet the ma.nimu.-n. requi�einents of th� specifications. Failu?^e ta co�ply with tha.s section can resuZt in disquali�i.cation o� the bid . �ach b id shall be accompani�d by a Certified Check, Cash �er's Check, Cash or Bid Bond and mad� payable withaut conditz.ons to the City.� of FridleX, F�iinnesota, in an aa�aount o� not less than five p�rcent (5/) af the bid, which che�k, cash or bond sha7.1 be forfeited if bidder negI.ects or refuses to enter into contra�.t, after h is b id has been accepted., . • � The City res�rves the right to acc�pt the bid whic'sz is determined to � be in the bast interests of the City. The City reserves th: right to =�ject any and a11 bids and waiv� any informalatias or technicalities . in an� bid received without explanation. � � � � � � � ' � ' The City Council aZso reserves the right to cansid.r such factors as ti..�*�e of d�livexy or per�ormanc�, experience, responsibzl�.ty of the bidder, past perfarmarxc� of si:nz�ar factors that it mav determine to be in the best interest of the City. Copies of the speci�i.catians and genezal conditions may b� examaned in the of�i�� of the Purchasing Agent, or copaes z�ay be a�tained fzom his office. AlI bid� must be submitted in sealed envelopes and plaa.nly marked an the outside with "- CHAIN LINK FENC�" � pitblish: Fridlev Sun May_ S ', 1974 .: May 15, 1974 Nasim Pfie Q�reshi Ca.-�y l�lanager � C L A I!N S GENERAL LIQUOR 35423 - 35617 8$32 - 8874 v � �viICHAEL SERVETUS UNITARIAN SOCIETY 980 - 67th Avenue�Pd. � Fridley, Minnesota 55432 ,April 17, 197�t Hon. Frank Leibl, T��ayor, City �f T'rid2ey; 61�31 University Avenue, r1. E. Fridley, P•Iinn, r51�32 Dear .;P•ir. Leible: Cur church, the 1�".:crael S�rvetus Unitariax�. Church �t 9�0 67th Averauey N. E. in Frid�.e�' :,=iZ1. be hoZding it� anna�.l �uction on Labor �Jay, ,September $, 197�. at 10 a. m. jre rea�est the proper permit zrith the usu.al waiver of fee. Tha.'2k you fer yo�ar attention to this reauest. Please send permit to �d��ress be1o�,,. � You:rs tru�_y, i �.�� C.i � � Lt,�e-t/ �--C�-yye.,,�-C.-O't.�.� ✓ £� . Glei�rz ��T. Thempsan, Ca-Chrm Auctian Cor,zmi.ttee Glenn i�T. Thompson 7170 Rivervie�r Terrace Frid].eya i�i2nn. 551.132 78?�=��.�4 �S•vn oh ��{ Telephone 56Q-529Z�or ?84-1144 0 28 CONTIt�CTOR`S LIC�NSES TO B� APPR01iED BY COUNCIL AT TIiEIR R�GULAR ME�TING ON M�Y 6, 1974 (ALL HI�VL•' � $7_5.00 rEE) - ' � � BLACKTOPPING APPROVED BY Fairfax nsphalt Tnc. 6699 Ashton 1lvenue N. E. �'ridley, Minn. 55�32 By: John Pfaff . C. Belisle RENEtV1,L Northern Asphalt Construction Inc. 11064 Raddison �'.oad N.E. . Blaine, rdinnesota By: Gerhard Larsan C. Be7.isle REN�A]AL Pioneer Blacktop Inc. • 7608 - 6�3t1� Avei�z�c Nortlz Broolclyn Park, . DZinn. 55428 By: Arthu.r Scherber C. Belisle RENEt3AL GAS S�RVTCES ' � Advanced Ficating & A.ir Cond. Inc. 7805 I3eecil Sixeet N.E. Fridley, Mii�nescta 55432 By: Donald Hodsdon W. Sandin ItLN�WAL Mil.l City Heati.ng &�ir Cond. Ca. 13005 B 1E�th A�enue Nar_ih � Minneapol3_s, Minri. 554�f1 By: Wm. Stavenson W. Sandin P.�NEj�7AL Clarence E. Nelson Iieatiz�g &�ir Cond. 200 t�est Tiuyden L�.ke Road Champlin, t�iinn. 5531.6 By: Clarence E. Nelson W. Sandin RENEt�7AL c�N��.z�r co��r�zz:c�o� Amber Construction Inc. 6070 Stin>on BouZevard Fridley, Minnesota 55432 By: Norman A. Dalberg C. BelZSle REN�WAL Aqualar�d Pool Coinpany, Inc. 3400 Dakota Avenue South St. Louis Park, Minn. 554I6 By: Harvey Blumenberg C. Belisle NEW Custom Pools 701 East Excelsior Z�venue Hop;:ins, Minn. 55343 By: Tim Hannan C. Belisle . NEW Dahltneier Cai�struction Co. 8460 Cottagewood Terrace Minneapolis, Diinn.� 55432 By: Stanley Dahlneier C. BelisZe NEW Gilbert Constructi_on Co., Inc. • ' 1202 Jackson Si;reei: ' . • St. Paul, rlinn. SS117 By: Richard Gilbert C. IIelisle NFW Lumber King Campany 5145 Oliver Avenue South Minneapolis, Minn. 55419 By: Jerome Lorbubaum C. Belisle NI:r: � Licenses For Council Page 2 - •_ . Walter I�. Macia�szek 6627 Anoka Street N.E. . Fridley, Minnesota By: Walter R. Maciaszek Metr� Metals Inc. 434'S Lyndale. Avetit�e North Minneapolis, Minn. 55412 By: Uavid Frankson Miles Garages, a Division of Insilco 4500 Lyndale T�venue North MinneapoZis, hti_nn. 55412 By: John Pope Northland Holding Cor,lpany, Inc. 546 G^lest DZ�in Street . 29 A C. Belisle R�NEWAL C. Belisle RENE�tiTnL C. Belisle RENEG�?AL Ano)ia, Minnesota 55303 � By: R. John Wallenbec}>er C. Belisle RENEt�;AL Wayn Roy Incor_�oratecl � � £3507 Rose Manor Golden Va11ey, P�linn. 55427 By: Wayne Q. Johnson HI,AZ'II� G A & K Heat�_ng 18936 Y>ebec Street Wyoming, t��innesota 55092 By: Arvin Kuhn Aavanced Heating & Azr Cond. Inc. 7$OS Beech Street N.E: Fridley, Minnesota 55432 By: Donald C. I�odsdon Fleming Sheet Meta1 Co. 775 Colorado Avenue Soui�h Minneapolis, Minn. 55416 By: Robert E'leming MilL City Heating & Air Cond. Co. 13005 B 16th Avenue North Minneapolis, Minn. 55441 By: Wm. Stever�son Clarence I;. Nelson TIeati�zg & Air Cond. 200 [>>est Iia��dcn Lake Road Champlin, Minn. 55316 By: Clarence F,. Nelson Tl�ompson Air Conditionillg Co. 5115 Hanson Court Minneapolis, t9int7. 55429 By: Ployd M. Thompson M1ISQNRY MikedonaJ�d Cemcnt Co. . 4830 - 7th Stree� N.E. � Minnea��olis, Minn. 55421 By: Donald 6�T. Siegel ' R. W. Soderstrom Company 6�20 }3rookvi�w Drive N.E, Minnea��olis, Minn. 55432 By: Russell Soderstrom C. Belisle NEW W. Sandin RENEL•1AL W. Sandin RBNE4d13L W. Sandin F�ENE��'ZaL W. Sandin R�N�WAL �d. Sandin RENEY�'AL W. Sandin P.�N�Wr'1L W. Sandin R�NEWAL C. Belisle REN��V11L � � � � ' � � � .. i 1. t ' � � 1 I � I � � 1 � �� Licenses lor Council � Page 3 1200FING . Potvin Sales Company 7341 Cammerce Lane N.�. Fridley, Mirin. 55432 By: Felix Potvin GEN�RP.L CQNTRACTOR Pratt Construction Inc. Box 125 Marine On The St. Croix, Minn. By: Leonard Pratt � � C. Belisle RENrWAL C. Belisle NEW e � { � �c . !, �NLTIPLE DWELLING LIC�NSES TO BE l�PPROVED Period Septeraber 1, 1973 to September 1, 197� , tti�TF.R _ ADnR�SS UNITS FE� APPRO��ED BY : Peter J. Neururer 390 - 57th Place N.E. 4 $15.00 R. D. Aldrich, 7125 Jersey Ave. No. Fire Prev. pls, Mn. 55428 'John H. Ouellette 6551 East River Road 11 16.00 R. D. Aldrich; 5901 - 2� St. N.E. Fire Prev. Fridley, Mn. 55432 jA. C. Mattson 137 Mississippi P1. N.E. 4 15.Q0 R. D. Aldrich, � 6320 Riverview Terrace N.E.. • � Fire Prev. Fridley, Mn. 55432 �A. C. Ma.ttson 157 Mississippi Pl. N.E. 4 15.00 R. D. Aldrich, same as above Fire Prev. I 1 . � . .� _ � � I � � .� . 1 � . . . � .. . . . � . . �. I .. . , I . � . �,1 . . , � � . . � � �� , United Autamobile, Aerospnce nnd Agriculturdl I�nplement Workers of America . t . NAW) loul 683 � � � � Brookdale West U��°`" 5401 Broaklyn Blvd. Minneapolis, Minnesota 55429 ., . `� �°' �33—C,� �c7 Local 683 � . ' i`I_,, l�?o:_;i,� _�LZ,,;; <��ii � � �ty ��:�. � � �_. , �_; �, U,lzv .; �-c f �v,.: =ue ��..1. �'-ridley, �li, :.e.;ot:,. . �� .�p_� il ?'r, 197�� y�e<,.__ �i-�'. . � ; �> ci�, t; !'1 e � " ' 2 ; � r, � � �",1.!Tl :; �j'�'C c'��. �'� � w 1� �'� a' $i;.C�. 1��`��s : ;1�� Z.i'Z i�l°^''�U� `�.:L��..17_�:, Vu.�.' ��'wn.:il�i �'.��_�.� :.i.� ��.�iill E:�'�1`�_L._�:.. �..� vU 1 s � � �.'r1U� i�C.�':�.� � i.'l�.y l� � i`�`( �: � ,.L r:lid_..ii'. ,�L o �- - 1 �'1 1 C''1 Oa � i,u�- �'1� ', , i, �':L": CO'Tl.'11"v'��`� C3. '•�.l f_,�ciyit�� :;� coJ�_��ct.:u �r;_tz oo�;�� .t�_i,; a.t�_il�:, ._�.i -�he �om��.��.y�,' f�` -' CZ.7..C� .�'�..`�^�'G � J.Ii1.: � 1:?_ITl 110-i71':iv t O �a �t+ Ll.� li1 OT 1 1C :: iji5.�i��• - 'i:7 oTi. - .:. - t"i7_'�-.1� C;::' f O:!_' k1-�Ci1�;�1 ,:1iC'�. :� .°. _�"t". 1'OOTR �::C1�.i u1E'., .> . ..,;U 1 i€j %'_1E 1u>_i"t s�rike .�e �z�d a�oc��mi-� to do t�1ia ii,o�! t:i1e �'rid7_Ey �i-ty uou_zcil. I �ra.� illior.m��c1. t�i: <�ou�icil .ri=? ri2eet ��f'ce�, ou-r �t_ri'�e I de�dlizie �:�d r��ttc:,�� to b� -� k�� u�� -�`zv�; to bv i;z r:luch �arlier. � Thi.� Ta=��..��:� I:�:ould have to �°z up ou� i��cili-ti�� be�o�.��e I �i�.�_d a p�z�mit. . ' � � � � , I:•�ou�_a a�p��ci::.t:.� pe_:�mi.�:>io}1 iwo�.1 you to �o ,^��er�,d :,7it11 , ,. my pl��ll:� and t�l::�� :��<:�i�� u<;=�o:�:,e fou:L �ou::�cil ,:rie�� t;.�i�y me��;. ��'han��i�l� yoLi i�i ;.dv��ZCe .�o-�° ��_lytl:lil?g you c<-�a do. I:::u�., i�`i/ j L r�_no�_d h�ll��_� • "y 1- -.-, : n C��i_;,m�in, :,��y il�.. Co��ii,�;ee 0 � � � , � ' � � � � I � � �• � � �'-� ° l,,• �^ � LI � ? ~� �i� 5. � �,:'� il4 t� � `.t..�i �i l��' F�� . AT iFcE 7Qi' 0�` tf1K TtY1kg t�"..- 4 � + } � L' ^"•' `� 40aJ?dU?117Y G'�V,°,lC✓F!r ht7 C�lV. � � � �ROT:G'Y1Y3 t�^;%;SC7t;,� tuETi', . � � � ' Cs"Y N'L P'+^l�Y G3F"'8 L'�JEGT F�cpiration Date: �ous� �t�a�t�� PP�rca��a� �� .� �(,.,, �,f�% `,�J ('rio'E:sD'34`3� • c�:'�i�a.-`l 'ri�V. U:.T+L :%".�iL G7 u'r?&OV[ IIw � A. �.. , I' C. �. �. � �. G. �� 9:10 -�'9 Q i/31/73 1 1 800 �3L'2G' O� �!�'sn�1Cc?IIr: �6Gr�� i�ly��;l�c�� c.,.:sr'!�/r — Address : f� / l ��'�'�L ►r�/� �l3 GG�I�. Ot�n�r3hin ot �r<�:�.1ex: f�NO fIGL. %�/��'�� o_ , ` ��sseripL-ioz oi iiailer (��;ce and Size) :�7`,3 i C�t�c ir�/E-; ' ita�� o� Gune� o�, L:rtc�. �l�v�� c>v:�z% � .._...... _..__.__._._._ Aucire�s ; �"' �li r� fiY'.��,rz�G . �j/�' . pe_rioc� o� '�i�e �ru�le� is to be ato�ed or OccupiQt�: �PrqL�� S�r</re -o U9e _o� �r�i.�.e't'; � i�'ri �� /��c`>c,��, aC o'%C�sc� -�` �T,�,,ic..�`LC.s� . S�gnatures of �djoini�; Prope�t}� �;an�r� Gxuntin�, r�g�rovaJ.: �� tI. Loc�tion ox Tr:�i�.wz an i:�opos�� Pra�emty (9.::tach P�.o� Plan �f �'�op?xGy) : ; 7t(.� �.r ��"� � : ✓ �``� �� .-? �.t ✓J C �. � ' p � %1"DYG�`'y's? G�✓��(�.�1 �d.Sz`` z: ��:��.x�: cr� iT a� 1� �o ;;e C3c�uhi.:sa? S��at is : 1. Rcl:�i.�.cral�:t.p ��:�caren 'ix�i7.�� C�.aneY �nd �'�ar.d G.aner; 2. T7�s,;�v A31c� �.�F�� Oi c��..f. OCCLl?a.Yif.:3: . 3. FaciliLies �'ax S �:a; �c� D�,�pos.31, j;ater tz►td I;lect�icity: � o'�Z�� ` �� l �' � �' --- � C'G V C I � � G/C� ,:�� fC.ii f? �F�.•�- Tl�� pplicr.+�iortA ��rh�n �Ru�,nu��d to rl;� Cx�} Cau:�cii s'n�ll show ths recar,�un<1aCion o£ ti.� 7,cn�n; f�u::zisz:.�t�'<>:i.:o�: a�zsi/o;: u��ildin� �n;;pc�cto�. _ . r.'>�-_-�-"_-------_._�1- �'9.c��se f�nd ��tt�ch^d ct?ucl; in tlla .r.,mos.i� of �7. 50 fo� p�'tr�iz3�,! $2�.00 fox�. F: 4CCl?�y�j.11�'� c3 114tiS�: �.i.a��::."'. � . �""� r �--� �■ - . .� �l ')x'OVE`� �i ' ; i k ,� � � / i,� ;� �`' n �� /�� - � ... . Anpli.c�,r�i'� , _ �!% -. � li�t� ��C'��,� C�'"�o-�. � . , �'v�GG�.p� �dV. Licenre No. 1 � � i .� 1' � �._._...__......_..__ _..._. � 3l3')J�GI' � �� . � �� ' a � � a'y� � 1 4� , aT i1tE 70? OF 1'NE i1V1Aa r �, , � . , . � � � L------ � 401didUNITV C=VS�Cp:�QMi CaV, � i 1 � �ROTLt7iv;: r.s:.�fC7�ON L':2�T, � s _ � { �"'1 ' C1TY N.SLL 6'li��.�Y Q��ZZ � � � P;r.piratii.on DaCc :_; �-n n , ,v'�'+, / � � HOUS� T�l-IILEf� APPLIC�ITION �..—�J\�� v� Ola':�30'1430 �;.j�.j.l, i:l,:":A].�V t;.Y. 0,1(� �:yj C7 �TTc�C1VcIi b� _ _ 910 � F9 _�0 _ 1/31/73 - 1 1� $00 ;, ,,,., A. NaMe of Applic��nt: '�YC--_` ' _ � --7'�" . .- - , � i.�., . � : Y- - Address : �7-._3�.:.�..._... '%<<.�,`S / ��. // . � 31 t _' � j , , B. Qc��nershi � a� � � ; %"' /'�" Z xz<..i1e.r .,..?`,��--,�,%<<i.�� r �-� E'�,.-�. ,�.::��--�- J��. . � f +� C. L�scri�tion ax Trail.; x (Y•1�3ke �;n�I Size) : � i� /�� C�f �=-� : ��`i � _,�„�>� �' • . � -�/,,, _ i�. 23ain�. of Qcaner of L��d: ..�.��.�i 'Y, ��:-�-. /� c��. �� . ,..._._.r..=�....�.� `� - - - � - !�-✓' y-� ��-- � Addxess ; f A. � �. � G. r � � � � � Pe:iod oc �.'xne Tx�i�c��. Zs to be Stoxed or Occupied: � U S (:. D f �I & � �. E: �. � `� � �./d � << � C` � � ^ 7 -"i {^�__�_�___`/ / ✓ �. .� � ..^7'-- - S9,bnaturea o� !',djoi�zir.� Prop�a�y Ovincxa G£c3Yli:�na �pproval: H. �ocatian o� Tra�.l.e:� an Pxogosed �'xop: rty (lh�i.� �h �'lot 1'lan of Prop�rty) : x�� FtheXe �xailex i.� �o taw Occupi��c:, S•?1i�z�: i�: ].. 1Ze1�C�ar;�iiip b��we�n Tr�-�i.l.e� Q��n�x �^nci Land CCane� :^__,______�_ . . �j �r .. .... ., ., ti .. � A 't n .. �. i . . « � ar:_i;�c... Fl:tCi .iaa^,u O ' tz�..L V �-ti-u�ull �G : Y . '�'-_i�n,c � J o._>{1 � .% , " "�----=- (/, 3. F�tcillties �'pr Sawrag� �isposal, Water nnd F.lectxicity: The �p�licAti.on,, t�hen preaen4ed �o the City Counci.l SI1c1I,Z 6�IOW tYl� recocnmencl�tion of tlie ��nin� Aclr.iinistx�tox r;i�d/o:.- Iiui ldin� In�pector. . k'J.ectse find �z�taelied chc:clt i.n th� AmounC c�� fi7.50 fox' p�rkit`.g, �$2S.00 i'ox occupyin� a ;�ous� �riilar. �N TF:ANSP�RT� lNC. —a-._._.--- . . � � �'ica f'r�sident - (c�term�dal • �3ur�i;��;Eo�t �:c�rtl�<�rrt t"3!cl�. c ' ,--�=-� � `'1" � �?�„�} a c •,il-t�' ':tT'�y .;t. �a�ii, ��.�;r�n. �J1�I �ar.e � � APprovect Ijy : . �fic�cc�i.�C tla. � %��7'� Licensc� No. m � CITY OF FRIDLEY MEMORANDUM T0: NASIM M. QURESHI, CITY MANAGER FROM: MARVIN C. BRUNSELL, ASST. CITY MGR./FIN. DIR. SUBJECT: SA� LA�5�IT DATE: APRIL l9, 1974 I understand Vir.g has taiked to you concerning a recommendation for participating in the appeal to the Supreme Court on the SAC lawsuit. It is my understanding that Virg has recommended that the City go along with the appeal primarily because we have been involved with all of the other cities in ihe litigation up to ihis point. However, it is my understanding that Virg has suggested setting an absolute top limit of $1,000 on the cost of the appeal. . �� . 32 1 r�\ ,�� ` ��' CITY OF FRIDLEY MEMORANDUM T0: NASIP4 M. QURESHI, CITY MANAGER FROM: MARVIN C. BRUNSELL, ASST. CITY MGR./FIN. DIR. SUBJECT: SAC LAWSUIT CHARGES DATE: MARCH ll, 1974 On a formula developed by parttes to the lawsuit with the Metropolitan Sewer 8oard, Fridley's share of the lawsuit for costs to-date comes to $2,639. The City�Coun��l previously authorized the payment �f $1,500 towards this lawsuit. The proposed method for sharing the cost seems equitaale and would only seem fair that Fridley pays its propor�ionate share of the cost as developed by this new formula. ' 32 A Another question which has come up is the matter of whether or not the City of Fridley should partici�ate in the appeal of this case to the Minnesota Supreme Court. Mr. Herrick is waiting for a written communicatian from Mr. Schieffer, the attorney representing the Cities in this lawsuit. �--was my understanding that he wishes to receive this communication before he makes a recommendation as to whether or not ti�e City should participate in the cost of carrying the case to the Supreme Court. I CITY OF BROOKLYN CENTER � � 6301 SHINGL.E CREEK PARKWAY �I BROOKLYN CENTER, MlNNES07A 55430 , !AlYQlCE TO TELEPHONE NO. 561-5440 I�, , CITY OF FRTDLEY 6431 University Avenue N.E. II'; , , Fridley, Minnesota i ' , � . OUR NUM9HR U � OATE March 7, 1974 IS�SUING�.DEPARTMENT � Public Utilitie AP ROVEDBY �� RECEIPT TO i44-a TERMS ^ NET ' PROPORTIONATE SH1�RE OF ME � LAWSU7T LEGAL COSTS•(PRIOR TO APPEAL) $.,63 .00 � .. � � PLEASE MAKE REMITI'ANCE PAYABLE TO "C1TY OF BROOKLYN CENTER" _ __� . � � . � •. • ' ' ' ' .' . � . � . ' t �+ . � . ' : ' , • � . . . ' � . . 32 B � . _ � a . • � �. i � , � � ' ' i �� r . � ' ' ' �� CITY OF BROOKLYN CENTER 6301 Shingle Creek Parkway Brc�oklyn Center, Minnesota 5543Q ALLOCATION of LEGAL FEES AND RELATED COSTS PArD B�t' . THE CITY OF BRO�KLYN CENTER (PRIOR TO APPEAL) In connection with the City af Brooklyn Center, etal vs. the Metropolitan Sewer Board Regarding � SAC Charges . � Leqal Fees and Related Casts Paid to Schieffer, Hadley, Bakke & Jensen, Law Off�.ces Paid to Rosen, Kaplan & Ballenthin, Law Offices Total Legal fees and Rela�ed Costs Paid Priox to Appeal �(Detail Attached) 32 C $24,005.5� 3 , 141. �'_U $27,T46.94 I declare that the �x�enses Iisted on i:his statement have be�n pazd by the Citv of� Broo};lvn Center. March 6, 1974 Date Citv Brooklyn Cen�er Columbia Heights Edina Forest Lake Fridley Golden Valley Hopkins Maplewood North St. Pau1. Plymouth Robbinsdale Roseville St: Anthony South St. Paul ��hite Bear Lake � CJ� �.-� �tJ . �` �Y�t�. i-C.� -% Paul W. Halmlund City Treasuzer A1locatian of costs Per Cent . 9.°116/0 3.746 � 12.225 .697 9.7�0 5,451 7.221. 9.I62 2.671 8.226 2.162 1.1.824 I.. 660 , 9 .1.64 6.955 100.000% 0 Cost $2,475.00 1,0I7.00 � 3,319.OQ 189.00 2,639.00 1,480.00 1,960.00 � 2,487.00 725.00 2,233.00 587.00 3,210.00 450.00 2,488.00 1.888.OQ $27 �147 . 00 1 " CITY OF BROCKLYN C EN?'ER I� 6301 S�ingl� Cr�ek Parkway Broekly;� C�nter, Minnesata 5�430 � � �, LEGAL r EES AND RELA?'�D LOS�iS PATU.BY ' THE CITY OF BROOKLYN CENTER ' To Schieffer, Hadley, Bakke & Jensen, Law Offices In Cannec'�ic� wiih t�,� City c� BI'00:{1�'?"i Center, �t�l � vse tt�� Me�repcli;an S°Wp:' Board Reqardina SAC Charqes � ' � � AUGUST� 1972 8/18 � Cf/M�ri.l�.a re: Se��v�r Prapos3l. ... o.. 8/21 Meeting w�t�l Me.rilla a;:d public r,fiicials .. 8/23 Brea;;fast m=�etingjHi!d�jCo�en/M;rilla, � et al; re-draft of Se�v�r Dist. �1 pOSltlOtl paper o o e . . . . . . e . . . . . . o 8/24 Cfj M�� il�a; ��l:.v�ry cf po ;�±i�n pa��r � docum�n�; h��ring b�f:�.-� M�tro C�unc�il. .. $/26 & Raview Me':c�.lf-Edtiy :e�nrt; revi�w saw�r 8/27 Dist. St�sa+a; re�ie�v SAC �rop�s�l repert .. 8/28 & Re�iew SAC pro�r�;al ra�3�.rt . . . o . . . . � 8/30 . 8/29 Meeti.�g wir� Mer�.�.ia and Setrvar Advi.s�ry Baard. . . o . . . . . . . . . . o . . . Total �ai�, A�ar�iwJt I972, (Pd, c'r�, #16938, 9-12-72) ' SEPTEMBER� 1972 9/5 Mee�ir.g at Ciiy H�11 re: Sep*ember 7�kh Meeti:�g a . . . e . . . o . . o 9/6 Cf/Ccrie:�, M�ri�.la, Pe�no�k ar.d re�draft of . position papar . . . . . . . . . . . . . . 9/7 Revizvv 1973 propoa�d b�:dg�t . . . , . . . 9/7 Referr�! t��mrliit�e Meaiyng a. . . . . . . 9�12 Sew�r Ac't��i sor;� E3�ard M��ting z�� Gi�t� Ha? 1. 9/l.2 Cf/Tcrn Hay . . . . . . . . . . . . . . . 9/13 Ad rroc C��t:�mi*_t�� MaL4ir,g . , . , . o . . .� 9/16 & Cf,�Merzll.a, research�, and d�>»lop I�S�C .. 9/17 9/18 9/19 & 9/20 S�Wti' A�1Vi:i0i}� �: �:3:!� ML''';�'i.3.Ii�7 di. .SI. L�t;is Fat'�: . . . . . o o . . . . . . . . .� . . Cfj M�uri�).a re: fina! t.:r0�`O:aal; re-d�af�;t:g cf fin<� l propc;� s :.l . . . . . . . . . . . . . . 48.75 48.�5 260.00 89.37 390.00 1.78.75 65.00 $I�080.62 ?3.12 97.50 I6.25 162.50 65.00 81,25 162,50 �18.75 130.00 195.00 TotaJ. Pa�d, S��i,�mber 1972, (Pd. cli. ;`17279, $1�, I6I .87 10-24-721 � � � ' . 32 D ��_ , JOINT PO[�RS AG�tEr.t�IENT Pursuan� to Minnesota Statutes Chapter a71.5° tn�HEREA.S, the City of Brooklyn Center and othex muniaipalitieV , have or will comtnence legal proceedings to test the val.idity of the a�tion of the Netropolitan Council in its de�ermina�ion to adopt a new formuia for the allocation and co�.lection of certain "curren� � costs" to be borne b� municipal governmen�s pursuant to Chap�er �73G of Minnesota Statutes; . � LJ , � � , N4t�, THEREFOR�, the und�rsign�d munic�.palities express their agreement with the o�jective af the aiorementioned lawsua.t and auth- orize the attorneys engaged k�y tne C�ty of Brooklyn Center to act as its attorney for the purpose of joining or intervening as a party litigant ta said 1egal ac�ion. The right of any municipal•,•'xty to employ counseZ a�f its ocan choice is in no v�ay enfrir�ged. NOV?, T�'iEREFOR�,, the undersigned municipality agr�es to share ecrually with all o�her participatinc��mu�icipalities in the cos�s and expenses of.said legal action, including attorneys fees, except that no party other than the City of Broa�:lyn Centez° shall be ob�,x5�ted to the extent of more ichan $ 1,500.00 3ay this agreement. The pro rata share of the expenses and fees attri�uta;�Ie to each nunicipa].ity sha2.1 be calcu].a�ed a� GO day intervals beginning Januax-�r �, 1973, and shall be payable�on 30 days notice. TERM�NA�TON pF AGRE��IENT _ This Agreement may be terminated as to any par�y 3�y 15 days � written notice to each or the ather participating munici�a],ities, provided hou.�ever, that the pro rata share o� ].egal fees and e��enses of any municipality so termina�ing shall �e payable at th� tirne of r such termination. � � IN t�?ITi�'ESS Tr�iEREOF, the parties have causec� this agreem2nt to be executed by their respective authorized-officers upon the date . herein contained. r � 1 � , THE CITY OF BROOKL 1 C�.1iTER B : �'�'' �:.�.. y,-�, �.. . .! �: � Donaldr G. Poss, City �l�nager �9' � By: . . izip Q. Cahen, Ifayor Dated: December 4, 1972 , Any signa�ory and not became out the secand Ok'ERt1TIVE . THE CITY OF FRIDLEY • By: � DaLed: November 28, 1972 , , EFFECT: to this Agreemen•� zaho wishes to .share expens�s onl.y involved as a party litigar�t may c10 so by s�riking paragraph above. 32 E � 0 ESTIMATES FQR CITY COUNCIL CQNSIDERATIQN - MAY 6, 1974 R. J. Chromy Construction Company 5051 West 215th Street Lakevilie, Minnesota 55044 and Western Casualty & Surety Company PARTIAL Estimate #4 for work on construction of Sanitary Sewer, Water, Storm Sewer Improvement Project No. 114 Les Standard Station 7680 T.H. 65 N. E. Fridley, Minnesota Gas Purchases made by D.M. Noyes Construction Company on Sanitary Sewer, Water, Improvement Project No. 93 League of Minnesota Munic�palities 300 Hanover Building 480 Gedar Street St. Pau7, Minnesota 55101 Labor Relations Subscription Serviees March 14, 1974 through March 14, 1975 Smith, Juster, Feik�ma, Haskvitz & Casserly Builders Exchange Building Minneapolis, Minnesota 55402 Services rended as Prosecutor by Car,l Newquist for Apri 1 $ 21,654.06 $ 480.51 $ 2,250.00 $ 1,295.00 0 � a-�,,,,'""" __ . _ _. ..._._ .._. .:.. . ;.' �S�`" _ i`i 30 � , ' PSE.`i0 T0: co�z�s �co: � � pROM � j ' DATE s � � SUs3JEGT: Mr. tiasi�n Quresi�i� City Maneger City of Fr�dl�p `� Ma�cvin Brunsell, �inance Air�ctaY " Virgil Iierrick, City At�ozney Comatock � Da�ris, Inc. ApriZ Z6, i974 San. Swz. b Wtr. Irapzov�snaAt �o. 93 � IL has caae ta our att�ntioxs t�sia date by tia� cn�raer a� I.�e t Stsad$rd 5ta�ioa at 7�i30 Highwsy �ioe 65, i�.�., Fridl��r, t�iian�sots, �.ia�:t g�� put�:hm�a�s made by D.M. Noyss Con�tz�ct3ara Cora�any �oz t2�e �bcav� z�fe��x��e+� gx�jec� bio. 93 far thm months of H�y �ud Ju�e 197�, wei�� n�t paid bp b.�. i7ope.� Co�stzuctia� Ca�paziy �r °Hc�aa Owners ZZ3uranc� Co�ax�y. Iss discu��i�,� thi:e with the own�r of I.�s� Szandsrd 3La�ian he was 3nfosmed ths�t hia bill a�onld he pz��nt�d ta t3�� ci��, s;ad t�at h� ai13 b�t re— c�uixed La provids c��et��ic��.ion of the a�o�z�t� ciu�+ h� fa� said g�� au�chasss. He Wa� furth�r in��x�ed �ha� t�� ciz� ru�p zxa� h�a�s� ��u�fic�ex�� furxd� "az� ��d" r�zuai.ning in Projact 2�a. 93 to ca�r�r sa�d bi.I.l�. Oaar 1��sC �a��r�ndc� caac�z�iug �h�.� p�aject waa under data� of 3u2p 23, �,973, canca�ni�sa� a�a�ora�du� frv�a t'a� Z3.li.nois Bu�Bau of Li�uidat�o�as. AL taaL tf�� tha cit�r h�si o�x h�d $9,4QII.42 I.i.st�d a� uuexp�aded #uads for Project P7o. �3. Still tc� b� c+x��ade� f�c� tb.is �u�. a�a� t'a� crast of rtpairs o� tus faulty �atraet woric os Stiu�r�n i3c��l�va�d. 2t appear�s that L�s� Stas�d�xd S�a,tioa ha� rs 1.�:�;it�.x��s �laim ag�i.ns� D.�. Koy�a Con�truct3oa Cc�sapanq �na Hc�� dsa�ne�e Inaur�:ac� C�sps�y �or g�ealin� suppli�d to the coatractor ca Praject �io. 93. ::, 6la xauld be pleas�d to a�et witia pau to fu�tt��r discuss the ��y��;°� t�f th�s bill ii nacessary. , � V�x� Czuly pours, 1 r �� E. V. Comstcsc3c, x. E. a 0 33 A � ' • � '. _ _ r �� , ii �-y��G�� I' ' � i � �: :�. < O � _p� o z _ i > t ° < .. z � �S;!.i . i.. ,. ! � � , . . .. . .. . ..._..__.._.. _ ... ' . � . .. . _.. _. _. �' . . ' � • . • . II �I I , ' ' 0 � 0 , . � � "�_.�.:_._.�.�✓ Yw� L�A�v� �� !��v :5or�.�o��a��i�t�,aLit��s � . 300 Hanover Buiidiny, 480 Cedar Street, Saint Paul, Minnesota 55101 � PUBLISHERS OF MIMNESOTA MUNICIPALITIES . Subscriplion Price 54.00 per year, SOe per copy " Advertising rates and information furnished upon reqvest _ 33 C t� aecount.withNlSlm Qureshi • � �Ote April 10, 1974 �� City Manager : 6431 University Ave. N.E. � Fridley, MN 55432 ' Make crll remittances payable to THE LEAGUE OP MINNESOTA MUNICIPAL171E5 ' �[] Adver�sing in Min�tesota Municipalities � Di1-ecto��y of Mi�:nesota �'�lunicipal Officir�ls ' Handbook for A1i►znesota Villages Subscri tion to Min�tesota Mu��ici alities—$4.00 Q P P ❑ � Supplenrent to KcrridGook for 1Liin�tesota Villages ." - •�� . , Labor ReTations Subscription Services - � _ March 14, 1974 through March 14, 1975 . . . . $2,250.00 - • ' � � � , _� ,__ _ _ __-� . . � : � .• : � , , -- � ' � ' � � .' . � . ' ' . ' . - � • ' • � ' � ' . . ' ' � 1 • . ' . . . � � , i ' i ' � � , . ..� ��i�� i�� a� � l.t�! �1 �' le�g�e ofi minnesota municipalities April 9, 19�74 Dear Municipal Official: My reason for writing this letter is to send you your new s�atem�nt fo�e the labor relations.subscription service and to explain this serviceo History and Type of Service For several years the League of Municipalities has entered in�o an ag�r�e�ent first with Cyrus Smythe and now with the firm, Labar Relations Asso�iate�, In�o, to provide certain labor relation�services to subscriber agenciese While t�e ��a- ment has 'been between the consultant and the League of Municipalities, th�re h�s been a high involvement of administrators and managers inasmuch as thEy a�� the primary recipients of this service rather than the League its�lf, � Basically, there are two types of services provided. The generaZ memb�rship � services include preparation of articles £or publication in the Le�gue mag�zine; general advice and assistance to municipal officials on Iabor relation� prr�b�.ems and publication of a periodic newsletter called Labor Alert to expl.a�n pertinex�t � laws and regulations and provide other information af immediate importa�rzceo Uncier the second type, Labor Relations Associates, inca provides sp�cial �e�-v�� to those �tain City metropolitan area cities, counties and other government �g��ac�.es which subscribe for them. These services include participatzon in j�int Local 49 � negotiations; participation in joint Local 320 negotiations and �ss�.s��nc� in negotiations and mediation with other organized employee groupso A� �he pres�nt time there are 32 municipalities and othe� agencies participat�.ngo L� �� ' ' As you are a21 aware, the extent of specific services recei�red by �eY�� m�rni- cipality and the amount of time devoted to any s3ngle m�xnic�p�lg�}r v�rie� i��am year to year. In some years a specific city may require very 1it�le cli�ec� s��- vice while in other years, services received may far exce.ed the fee p�id. Ha�- ever, most participating municipalities do benefit collectively from the ��sis- tance provided in one or both of the Loca1. 49 and Local 320 n�gotia�tion�a In addition, changes in pay rates and fringe benefits in one community in th� m�t�o- politan area ultimately have an effect on others, and for this reason, every com° munity should be concerned that good labor relations services are available for use to.all. Thus, the fees paid by participating agencies are fixed on pop�ulation rather than assessed on an actual usage basis. • Review of Services and New Agreement Because of changes in the labor relations field in Minnesota in recent yeaxs, many local administrators felt that it was necessary to review closely the services which subseribers have been receiving and examine closely as well rth� ag�e�ment ��00 hanover bu+lding, 480 cedar street, saint paul, minnesota 551 O'I C61 2] 222-2e61 �. 1 - 2 - with the consultant for such servicese Sometime earlier I had established a Per- sonnel Management Sexvices Committee to review all League administrative services � and, ttirough recomm�ndations to the Board, be responsible for the on-going delivery of these services. I asked this committee, which is chaired by Wayne S. Burggraaff, City Manager of Rictzfield, to assume the responsibility for the review of these � labor relations services and the preparation of a new ag�eement. The committee has a representative membership from the Ztain City area as well as outstatee A list of committee members is attached to this letter. The committee did meet on a number of � occasions to review these services and engaged in extended discussions with Labor Relations Associates, Ince, before finally app�oving a re-d�afted one-year agreement for services beginning.March 15, 19740 � � The agreement does provide for a potential 65% increase in total costse It provides for a fixed monthly retainer of $1500 to cove� office space, overhead and miscellaneous support services to the technical �ssistance programe The p�rincipal members of the firm would be compensated at the rate of $21 whil� an. assaciate member of the firm would be compensated at the rate af $1Q per hour for consulting services rendered. The agreement provides fo� no other payments and limits the total payment over the one-year pez�iod to a maximum of $60,000> In previous years the cost of these services amounted to approxim�tely $43,000, with the Metropolitan League and State League contributing a total of $6,000; � metropolitan agencies contributing $4,500 and subscribers contributing $32,000. You will note in the proposed fee schedule which is �ttached that the fees have in- creased for the subscriber agencies. In addition, the number of population cate- � gories has been increased. This latter change was m�de by the Personnel Manage- ment Services Commit:tee in an effort to more accurately reflec� the extent of special services that might be provided to agencies in various p�pul�tion groupings. � � �� , � � �J � i The committee has listed the foZlowing ma�or reasons �o support the �ncreases provided for in the new agreement: 1. Labor zelations legislation enacted in 1971 and amended in 1973 requires:that there be written contracts co�rering wages and te�ms and conditions of employment. This requirem�nt has made it ner.- essary for the consultant to spend sub�tan�ially more tsme pr�ziding services for negotiations with Local 49, Local 320 and other bargain- ing units. 2. The new labor relations legislation establishes certain requirements for handling grievances and arbitration. This is most critical since arbitration for essential employees is binding on both parties. Again, the committee anticipates that grievances anc3 arbitration procedures wi11 require substantially more iime on the part of the consultant. 3. Formerly, the League provided free oifice space to the consultanta The League no longer receives free office space itself and, therefore, cannot continue to provide this assistance to the consultant. Trius, � a partion of the increased costs reflect the fact that the consultant must�assume new office overhead costs. 4. The l�etropolitan Council's contribution to initiate and sustain this program in its formative years has now expireda The�Council will not be continuing its annual contribution, �E �� 1 - 3 - There are some other general cost increases which we are all expe�°iencing in all of our operations, but the committee is of the opinion that the foux re�sons listed above reflect the majo� cost increaseso �F � In reviewing the schedule of the costs, I warit to emphasize tha� the servfces will be provided at a specified hourly r�te whi�h th� committee and I believe to be competitive for professional services of xhi� �ypea Thus, Labor Relati�ons Associates, Inco will be paid only for servic�s perfo�m�d and the maximum annua�l payment may not � " reach the $60,000 figure specified in the �greemen�. In this event, subscriber fees collected during the 1974/75 agreement p�riod will be used fo� labor relatian services in,the subsequent year� and any new fee s�ructu�e ad�usted accordingiyo � � � The new fee sch�dule has been deueZ�p�d in �uch a way.that if all pre�ent sub- scribers to this serv�.ce continue th�ir �czbsc�iysti.a�n, the tatal receipts of the pragram will be appraximately $53,OOOo The �dd�.ti�nal con�tr�baxtions of $3,000 from both the State and Metropolitan LE�.gues for g�a��I ��vi�e� wiY.l provide the �ddi-. tional funds requir�d to almost reach �he go�a3� $609000 got�n�i�l paym�nt provided by the agreemento 1Vew subscriber�s are n�eded �nd I hope m�n� will consider partici- pationo A copy of your statement for these se�v�ces is at��.ched. I� is the recommenda- 1 tion of the Personnel Management Service� Commi�tee and myself that �this program is well worth your suppo�:t and participatione It would be appx�eciated very much if you could submit yaur paymer�t as �oon as possibleo If you have any q�aes�ions con- � cerning the service, please contact Dave Norrga�rd of the League staff or one of the members of.the Personnel Management Serv��s Ccminit�ee from the metropolitan area> � � � � � � , Sincerely yours, �� Arthur G. Vogel, Pr ident League of Minnesota Munic�.pali.ti�s Alderman, Austin. AGV:1s Encso 1 � I� •, PERSONNEL MANAGEMENT SERVICES COMMITTEE �G ' � Wayne Burggraaff, Chairman City Manager, Richfield � Richard Ahles City Attorney, Sto Cloud � William Bassett City Manager, Mankato � . . Ga Stevens Bernard 4 � City Manager, White Bear Lake � Chris Cherches City Manage�, Sto Louis Park � Tom Lewcock City Manager, New Brighton IClarence Maddy � Administrative Assistant, Duluth � Donald Poss City Manager, Brooklyn Center � John Pidgeon � City Manager, Bloomington . ..,�,� Paul Ge�Schriever � Ci.ty Ma.nager, �'�.nona . • � Joseph Me Sills City Administrator, Marshall + . ' � Gerald Wigness • Clerk-Treasurer, Thief River Falls � ' � � ` . _� � �H PROPQSED FEE SCHEDULE , � -L�BOR RELATIONS CONSULTING SERVICE ' (March 15, 1974 through March l4, 1975) Population Cate og ry Under 5,000 5,000 -. 9,999 10,Q00 - 19,999 over 20,000 Under 5,000 5,000 - 9,999 10,000 - 14,999 IS,000 - 19,999 2Q,000 - 29,999 Over 3c7�Ga0 Fee $ 300 600 850 110Q $ 500 750 1050 1400 1800 2250 PRESENT FROP05ED Noe of Participants 1 4 9 18 1 4 5 2 8 12 Total Income $ 300 2,400 7,650 19 , 800 $30,150 $ 500 3,OQ0 5,250 z,soo 14,400 27,000 $52,950 NOTE: The fee schedule is designed to generate sufficient revenue to meet a11 subscriber costs of the service, assuming no change in current membership. If new communities decide to participate, thereby increasing the revenue, the resulting balance will be carried over to the following ye�r and the fee schedule modified accordinglya � . � . 33-�- , � TIP�IE RECQRDS FOR APRIL, ]974 PROSECUTION 4JORK 1. Preparation, Travel and Time in Court for 38 Court Tria7s, 2 Jury Trial Appearances, and 16 Pre-trial Conferences. 2.. Investigation and Proc�ss of Complaints tncluding office conferences, �hone conferences, correspondence and preparation of 27 Formal Complaints. - � 3. Administration including Staff r�leetings and Police Training. � � TOTAL SMITH, JUSTER, FEIKEMA, HASKVITZ and CASSERLY � ATTORNEYS AT LAW ' BUILDERS EXCHANGE BLDG. SUBURBAN OFFICES � MINNEAPOLIS, MINNESOTA 55402 OSSEO � � 339- 1481 . FRIDLEY � � � City of Fridley 6431 University Avenue N. E. Fridley, Minnesota 55432 � Attn: Nasim Querishi t- City Manager �PLEASE RETURN THIS PORTION WITH YOUft PAYMENT N __ _ DATE � � � , FORWARDED FROM LAST STATEMENT 4-30-74 Services rendered as Prosecutor for the � City of Fridley. . April 1974 Retainer $1,000.00 : Secretarial Services 100.00 � Time in excess of 30 hours - 5 hours 40 minutes 195.00 ,295.00 ( de,r,��r� und�� pen:�':iies cr !�:vr Lhat t�:is � ui.^'Jt11� .:c. r:l �'; C,Eii��Fi!�C; iS ltl.'.i �'_!'i�; COr• rec: a� '. t?•:;; :.� r�� t c; i��:s b�e� pai:� 6 � Si�;nu , e of Claim, it � J • 9ALANCE $1,295.00 15 hours 17 hours 2 hours 10 minutes 40 minutes 50 minutes 35 hours 40 minutes � - SMITH, JUSTER, FEIKEMA, HASKVITZ �NO CASSERLY ATTOHNEYS AT LAW �;�� I' . � . . .. .. � ! r � � _J � TO: FROb4: DATE: SllF3JT.iCT: MEMORE1NDUb4 NASIM QURESHI, CITY MANAGER - J/lA9ES P. HILL, AS5ISTElNT CITY A4ANAGER/PUGLIC SAF�TY DIR�CTOIt MAY 3, 1974 PROA90TION OF PATROL�IEN THONIAS KENNEDY AND KENVETH 1VILKINSON TO PROBATIONARY SERGEANTS � _. . � �. I hereby submit to you for your concurrence, and confirmation by City Council, the appointment of Patrolmen Thomas Kennedy and Kenneth Wilkinson to Probationary Police Sergeants. In accordance with Police Civil Service Regulations employees who are promoted to a higher position shall be on probation for a period of twelve months, during which time they may be required by the Commission to resume their former position, either with or without cause. Civil Service Regulations further require that all promotional appointr�ents will automotically terminate at the expiration of the probationary period unless the appointing authority at some time during tHe Iast month of the appointee's probation certifies to the Commission that the appointee's services have been satisfactory and that the appointment be made final. Both Officer Kennedy and iNilkinson are Fridley residents and married with children. Officer Kennedy has been a police officer for the City of Fridley since January 1, 1964 and has been active in church and community affairs. Officer Wilkinson has been a police officer for the City of Fridley since April 15, 1968 and is completing work for his Bachelor's Degree in sociology on a part-time basis. It is �anticipated that both officers will be ari asset to the Police supervisory staff. � � . . � � � APPOINTMENTS FOR COUNCIL APPROVAL - MAY 6, 1974 34 A , Name Position Effective Date SaZary Replaces New position Probationary authorized in 1974 Thomas Kennedy Police Sergeant May 10, 1974 $ 1189.00 Police Budget• Probationary, Kenneth Wilkinson Police Sergeant May 10, 1974 $ 1189.00 Linus Fritz _� (��'�� L!'--�J M L�JU � clJ �r--�---�- �r' � N �JV '-- o � v � L_J V N �-� M l� � � L�.1 ~ O QW l=/U � z t `� `t � L"J W -C"-.._-�.-- .-'j J t._ --' G �'� � � � � � `---� ~ Q w �1-- � � �.r�� Z L'—'_`� W �'�l � �� w ❑ � � 9.. �~ � � w �� r-- � � .tD � Gl � W � p L� � L�._1 � C� � L. =_._`� �.�- � c� May 6, 1974 Nasim Qureshi, City Manager City of Fridley Fridley, Minnesota This is ta certify that as a result of the recent examination for Police Sergeant, the o�ficial Sergeant Eligibility Register for the Gity of Fridley Police Department, as of thi.s date - May 6, 1974, is: 1. Thamas J. Kennedy 2. Kenneth G. Wilkinson 3. Waldemar H. Olsen 4. Arthur R. Groinus 5. Robert J. Parquette 6. Fredrick C. Bebensee 7. Robert P. Rehard 8. Neil D. Duncan 9. Thomas J. Sauer , FRIDLEY POLICE CIVIL SERVICE COMMISSTON Dan J. Sullivan Wilbur N. Whitmore Donald F. Cisar c - Mr. Hill Post L � , C� ,t , � y!.. jr �, •� �' � .. gr ° �y '. ..�.�..�. _,�.� � �!�� ~ r � �� (�tr•��t ��, 5;;�� . ��"� . . . ��' _i�r� �^�r �{f� �rt,f p.' �••� * �`��t � ,j' FT,ti � �` ' � : •:��. tf��. `� �! \ �6_.. # � �.�t5*. a �� ... i4'�� " �;.,,�.a:��' �'".. � OFFICERS OFEICERS Dr. Richard J. Trezona, Chairman Mr. Ernest A. Petrangelo, Seeretary Mr. William R. Pieper, Treasurer ' , � � , � � r DIRECTORS Mr. tyie Bradley, Anoka-Hennepin District 11 Science Chairman Dr. WalterJ. Breckenridge, Director Emeritus,.Sell Museum of Natural History . Architect Oennis R. Holloway, Project Ouroboros, Universiiy of Minnesota School of Architecture and Landscape Architecture Dr. Donald B. Lawrence, Professor of Botany, University of Minnesota Dr. L. David Mech, Research Biologist, U. S. Fish and Wildlife Service Mr. John E. Meyer, Professional Consulting Engineer Mr. Mark G. Noble, Graduate Student, Botanist, University of Minnesota Mr. David D. Schaaf, State Senator, Minnesota District No. 46 Mrs. Janice R. Seeger, Member North Park AdHoc Committee Dr. Harrison B. Tordoff,birector, Bell Museum of Natural History Rev. Winston L. Worden, Eagte Scout and Environmentalist Mr. Jack P. Velin, Internationa! Brotherhood of Teamsters LEGAL ADVISOR. ' Mr. Do�ald C. Savelkoul RECORDING SECRETARY 1 Mrs. LeeAnn Sporre The atiillations shown are fo� identification only and do not constitute endorsement. , � � � SPRINGBROOK NATURE CENTER FOUNDATION For concerned environmentalists - write to us at: Box 32323, Fridley, Minnesota 55432 May l, 1�74 Fridley City Council Fridley C�.ty Hall Fridley, I��Iinnesota Dear Mayor Liebl and Councilmen: ��t�e wish to br�n� to the attention of the Fridley Council the present ille�al use af North Park ay motarcyclists and trailbikers. lhese vehicles are crea'cin� great visual and ecolo- ;'�cal dama�e by destroyin� the sod and ground cover, resulting in a chaotic network of open sand and mud trails. � As �he Brauer Report has already pointed out, whether the park eventually becomes a 5olf course or nature cen�er, the dama;e bein� created by the cycles and , trail bikes will '�e expensive.to repazr or correct. Experience around the state a� o�her parks suggests that this situation may be corrected by placing snow fencin� and "no vehicles" signs at the established trail entrances to the park. ti�,'e understand that the eity presently owns surplus quantities of snova fencin� whi.ch could be used for this purpose. � We �herefore request the Ci�y•Council �o authorize �he proper personnel to install the signs and snow fencing immediately. Sincerely yours, . � �- , Dennis R. Holloway, Architec i � � 1 , 0 �. � r �ar ' • �., ��` a � �� '+ �..: -t'°� - �, �" s� 4;; z a - ,, { � � � �< �:' r MEMORANDUM TQ� City Mana:;er tSU&JE�T+ Fencin� of North Park. � i Dear City Manager, CITY �F FRIDLEY 6431 University Av�nue N,E. Fridley, Minnesota SS432 �AUI 8R0�'N, �.uc.e�tan Phone; S6Q-3450 X64 DAi�; May 2, 197Lt FROM; Paul �rown� �irector 35 � �.rst of all, this department and the police department are awara of the illegal nse af North Park by these cycI.es. ' We fully agree that the ma.chi.nes axe hurtin� the entire area. , He is correct� the damage is very costly and�expensiv�e if aontinued. , This department ha� already placed�.sets of prohibitive sigqs at each of t,he corners ta the park. The people jnst do not want to cooperate. � There could be more signs instal].ed. There should be more observation of the park by our police au.tharities. Mr. Hill and Mr. Spano should be directed to do same. I will infor:a them with a copy of this memo. , At this time, the city owns a small stack of snow fence materia.l. This fence could bs instal.led at stratigi.c points. � We would hav� to schedule such an installation. � � , I � ' � PB cc: Parks and Recreation Com¢nission Jim Hill Park Ranger :ct�ully submitted i �� BROWN� Director � 1 . . , � � I �. � ' � � � � � � 1 LEAGUE OF WOMEN VOTERS OF FRIDLEY � FRIDLEY, MINNESOTA Jean Schell 519� St. �:oritz yr. - Fridley, i,n., �51f21 xpril 26, 1974 �rid].ey Gity ;;ouncil �ity of Fridley �1+31 IJniversii�r Kve. N.�;. ��ridley, �,n., 5�+32 Gentle.men of the vouncil: � I wan,t to �harLk you for taking advantage of �he opgortunity to atiend the 4QUrtcil of I�Ietropolitan .>rea �,ea�ues � t;anference on Innovatians in uovernmen� last �aturday. rhe city ai Fricil.ey was better represented, ��m sure, t'r.an any ather suburban conununities, and it �ndicat�s an �.n�erest you have in workin� tov,ard the better�- ment of the city of :�'riciley and the entire �netropalitan area. '„ou are to be co�ended for devoting whai turned out to be our first s�aring day to attend a conference sueh as this. The �=ridley ieague's delEgate io the �azancil. of ?•-ietropo�.itan �rea Lea�uss, rat „ariolano, w:�o is also kno�m to ;�ou as a mernber of the �uildinrs ancl Lesi�m cc:inatitt�e, was unable to eome that day. She haci been hos�itaLized earlier i.n the week and was recuperating from surgery. �he, too, was pleased that you had all attended. �'hank you again for your interest. conferenee was worthwhi�e. , . II �I AHilietcd with the leeque of Women Voten of the U.S. � m �.e hape you felt the �incerely; -.�zc� � v �resident, �'ridley i�w �T �'`�-�� 0 0 GHARLES R. WEAVER HERMAN L.7ALLE VIR61L C,HERRICK ROBERT'MUNNS JAMES O. G�BBS WILLIAM 1(. GOODRICH THOMAS A. GEDDE JEFFREY P, HICKEN . . . . 37 LAW OFFICES WEAVER, TALLE & HERRICK �pr i 1 2,9, 197�?. � 316 EAST MAIN STREET ANOKA, MINNES.OTA 55303 421-8413 8279 UNIVERSITV AVENUE N,E. FRIDLEY, MINNESOTA 55432 560-3850 FIRST STATE 9ANK BUILOING COON RAPIDS,MINN.55433 755-1330 �9r. PJas i m �uer�sh�i , C i ty ;:3anager � Fridley City liall b�31 Llniversity ivenue ��l.E, Fr i d l ey, 'r;ii�! 55�ru� Re : �t�e�tro 500, ( nc. vs. C i ty of Fr i c! ( ey Dear �� s i m : Enc f osed p l ease f i nd �n e�:ecutec� co�y ai= the St i pu I�t i on of Settlement in the �bove matter, ','louid you �lease put this on the agenda �for the next council meeting. Sincerely �..-�---�--� - Virgii C. Herrick VC�-I/pah Enclosure � 0 � � ,. ' , , ' � � • . ' . L STATE OF�MINNESOTA COUNTY OF ANOK11 Metro 5Q0, Znc., a Minnesota corporation, vs. City of Fridley, Plaintiff, Defendant. �3 �A DISTRICT COORT TENTH JUDICIAL DISTRICT File No. STIPULATION OF SETTLEMENT It is hereby stipulated between the above parties, by and through their respective counael as follows; _ 1. The Complaint of the Plaintiff is hereby dismiased with prejudice. , 2. That the Plaintiff shall vacate the premises at Lots 20, 21 and 22, all in Block 13, Hamilton's Addition to biechaniCSVille, in the County of Anoka, Minnesota, on or before May 3I, 1974. 3. That the Plaintiff's use of the premiaes is contrary to and in violation of the ordinances of the City o� Fri8ley. 4. That in the event that Plaintiff has not vacated the premises by sa�d date, then the Defendant may go into court and obtain an ex-parte judgment for a permanent injunction enjoining Plaintif€, its agents, employees or ather persons acting under or in concert with it, from using or accupying the premises contrary to or in violation of any City Ordinances of the City of Fridley, including Plaintiff's present use. 5. Each party waives their coats and disbursements herein. Dated: April �; 1974. . MEYER, NELSON & MILLER Byi �2'� ----- o e�5 rt J. er 3735 North Iii�ghway 52 . Robbinsdale, N:innesota 55422 588-9424 We consent to this Attorne s for Plaintiff Stipulations Y CASTONGUAY TRANSFER, INC. «�R, jfALI�E & AE ICK � r LESSE�: B�, ✓ j , '/�.i� � . `� V rg C: Fierr c. $ ' 6279 University Avenue N.E. � Fridle orge onguay 560-3fi50 Minnesota 55432 Ite President Attorneys for Defendant � 6 � .� ! t , '� "1 Ci�y ��' �'ridl�y �T Tls� T0� O� THE Tw1NS Fvr--•---� co+�++uHitr of�a�w�r+� av. ' t} i PitorEC�rvs a+5�cnoH Ca�'r. � i �._.� � CiTY HAI.L IRIDLRY 83i71 .�,� �.� c�='Oiq'5480 TYPE OF CONSTRUCTION NU2�iBER OF PER.'�iTS ISSUE 1, Residential 2. To•�nhouaes 3. Multiple I�aellings a 4. Residential Garages 5. Residential Alt./rldd 5. 'Corr�nercial 7. industrial � 8. Co�n. Ind. Alt./Addn �. Signs • 1�. Wrecking, Moving 11. Others TOTAL 1974 APRIL 9 0 ,_5 20 0 1 8 4 1 . � GT_._.._�. _ ..�._..._ •_.... +....._---_-� .--.�. �—+ _ � PROTECTIVE INSPECTION SECTION MONTHLY R�PORT A. Number of Permits Issued B._Estimated Valuation of PermiCs q� �4Ev DA7E PA6E OF APrROV C� ;R1�.0 12 _8-72 . 1 2 800 1973 THIS YEAR LAST YEAR APRIL Ta DATE TO DATE 6 28 1 29 0 0 0 3 5 4 14 34 42 0 2 0 1 2 1 3 15 6 7 12 20 0 2 3 50 37 102 108 Heating 77 155 Plumbing 18 28 72 104 Electrical 39 52 175 261, � TOTAL 75 128 324 520 ESTIMATED VALUATIONS 0� PE.,.'2MITS ISSUED 1. Residential � 2� ,565 $ 131,774 $ 788,708 $ 742,892 2. Townhouses 0 0 0 0 3. Multiple I�aellings � 0 0 0 4. Residential Garages 17.516 7,439 17,516 9,432 5..Residential Alt./Addn 6`7,025 46,298 88,265 126,904 TOTAL RESIDEI�ITIAL 353,106 $ 185,511' 894,489 $ 879,228 � 6. Commexcial S � $• 0 7,900 $ 0 . 7. Industrial 8. Conan. Ind. Alt�./Addn. 75,445 ,- 9,500 �180,510 , 38,000 TOTAL COP'L�1., IND. 90 9f39 33 537 297 ?36 S 2 37 9. Signs $ 2,200 � ].,490 5,781 8,720 10. Wrecking, Moving 2,750 0 5,100 3,200 11. Others 4,050 10,921 4,050 10,921 TOTAL MISC. 9 000 $ 1?_, 411 • 14, 931 $ 22, �;�'�1 GRAND �QTAL VALUATIONS 5 ti � 1 45� .l 2 65� y �� 1��5 � Column ��1 Column ��2 Cqlumn ��3. Column .��4 C��y o��a��y � 1 4T Yli� TOI OR TNE TWI?IS r, � ` , ��-+�^�� COt�MUNITY Q�ViIOPf++THT O�Y. � • r ; ►nortcrrvs W9M£CTtON 69IiT. � �' �..�. � C�TY M4L� QRiDL�Y 604i3 �....:.!`.. t,� s�s-s�o-stao LICENSE FEES TYPE N[; � .__ _. _..... __.__.. _.... ....__. au�.,fc� PROTECTIVE INSPECTION SECTION MONTHLY REPORT C. License Fees Collected D.. Permit Fees Collected � Nld4dCR � REV DATE PA$E Of �APf� QI.Q --A� �Q-._ -�-� _�_ FEES "sR COLLECTED $lacktopping 12 $ 300.00 Excavating 14 350.00 Gas Servic2s 32 800.00 General Contractor 122 3 050.00 Heating 55 1 375.00 House Moving & Wrecking Masonry Oil He�ting Plastering . Roof ing 1 Sign Erectors Misc . . TYP� Building E�ectx�cal ��sa�ing Pl.umb�.ng Signs � � ...�..v.._.0 ...roa.� TOTAL �2g� � $7,200.00 ...w. Golumn �kl Column ��2 � 1974 1973 THIS YEAR LAST YEAR PER��fIT NO.�S APRIL APRIL I2,470-12,515 $ 1,539.47 $ 749.50 $ 4,282.75 $ 2,807.74 10,078-10,116 8Z4.00 1 131.50 4 873.75 8 1 001 - 6018 452.00 1 774.50 1 708.75 4 528.5 lII4 - 6201 442.25 670.50 1 648.75 3 ., • 187 - 190 � 85.00 111.25 2 . TOTAi� $ 3, 332.72 $ 4, 437. 25 '$ 12, 724. 00 $ 1£3, 9�r9. 19 Column ,�1. Column ��2 � t;olumn ��3 Column �i�4 Colutnn �,�5 �I$� 0� ��'t� ��' �.� At 7HE TQP OF THE TW�N6 , �.., f ` -- j ti-' �� QNN�NtTY G$VELOP1fENT QIV, � • �� PROT�CTIYE tit5?ECTIOH pEPT. � �-_w-�'� ---; � CITT HALL FRIDIQY bd�632 .�� .� a�z-yeo-�aso INSPECTIO(dS . � BUILDI�•G Rouoh=ins; �aatings; Framings and Reinspections Work A'ot Re�dy or �ejected S�op Work Posted Violations Checked ' ' Complaxnts Checked � Dangerous Buildings S igns riisceZlaneous Finals : F.esidential. Fa.nals: Com..& Industxial Totai Inspections Permits Issued P�,tT!•iBI1�TG & H�A'rI�'G Rough-ins; Reinspections . Woxk r:o� Ready or P.ejected Dangerous Buildinds Miscellaneaus Finals; Residential Finals; Com. & Industrial Total Inspections Pexmits Issued ELECTRIC.4I. . ROUg�'1-'1riS ; RE'.lI1SpCCC'lOriS ; Work not fieady �x Rejected Signs � Dangeraus Euildings Service Znspections Finals; fiesidential Tin�ls; Com. & Industrial Total Tnspections Pexmi�s Xssued St1.4JEGT " � .. . �_..__r. . . ----+.r.�........, _ PROTECTIVE INSPECTIOi°� SECTIO�! ' . MONTHLY REP�RT E. MONTHLy ThSPECTIO�S ��+�� fi£V.. p�TE D�G� OF ApPRC,VEC 8Y 1974 APRI 18 31 51 14 2 2 �'r 0 0 9 14 2 184 50 Column �rl 1973 AP 1'T. 24 3? 61 26 . 3 . 6. � i 0 � 9 25 • 0 213 37 COZUftltl ��2 THIS.YEAR 51 58 1.86 44 10 11 `.g�. 2 1 50 51 11 556 102 Colum►z ;�3 LAST YEAR Td ??.�T� 111 100 ' 156 110 ----- 9----,. I3 . —�--�.. 8 --�--------._-- 43 . 35 43 3 108 Coltimn ;;'-!�