Loading...
07/13/1964 - 0002267849 Respectfully submitted� ,� . ue s cow c� Secretary to the Council � Y `.-„-'`- William J. Nee M�yor REGUIa1It COUNCIL MEETING - JULY 13� 1964 A regular meeting of theCouncil oi the�'City,6f FriQley was called to order by Mayor Nee at 8:06 P.M. ROLL CALL: Members Present: Nee� Kirkham� Sheridan� Wright Members Absent: Johaneon NFW BUSINESS: PLANNING COMMISSION MEETING, JULY 8, i964: Mayor Nee announced for Council consideration the minutes o£ the Planning Commiasion held July 8� 1964. REVIEW OF BOARD OF APPEAIS RECOMMENDATION RE SPECIAL USE PERMIT: The City Manager explained to theCity Council this was a review by the Plannin� Co�niesion of the Board of Appeals action end read their recou�endation to theCity Council approVing the'per- mit with the etipulation of off etreet parking for two extra cars end changing of the front entry of the building. It was explained further by the City Msnager 1� appeared the City Council would need to hold a public hearing by inference. City Attorney S�ith inquired why there was a need for a Special Use Permit and was told it was required because of the code. City Attorney Smith inquired if there were oppoaition at the hearing of the Planning Commiesion. The City Manager replied they actually didn't hold a public hearing� the Board of Appeals had. Councilman Wright stated that, actually� at both meetings there wae not a iull vote. The City Manager eug�ested if the City Attorney agreed� the City Council ehould hold a public hearing on the named item. City Attorney Smith seserted he was not ruling that a public hear- ing was mandatory but if there �ere probleme thie might indicete the neceasity for having a public hearing. The City Attorney read from the ord3nance which pertained to the need for the City Council having a public hearing. Councilman Sheridan etated that at the time the ordinance was adopted� one of the t]��ngs discuesed by the Council was the uae of Special Uae Permita in areas where theae were not permitted and were the same as s re- J� zoning and it would take a public hearing before the City Council and a 4�5's vote to pass according to the ordinance and Yurther etated he did not feel theCCouncil could vaive it. The City Manager inquired regarding a denial. City Attorney Smith replied they would have to hold a public hearin� in order to deny the request. Councilman Sheridan explained this basically a rezoning request. Mr, Balthazor wae preeent to speak in favor of thei�re- �uest and etated they would be just xezoning the one lot. Council- man Sheridan replied this was what they had denied in many other casee because it wae spot zoning and the main reason for the Council having initiated an ordinance in this regard. Mrs. Belthazor inquired if the City Council wished them to bUild two houses and spoil the entire block. Covncilman Wright replied thia wae not the resaon for the public hearing. It wae further stated by Mr. Balthazor no one in the neighborhood had objected to the request Por the double bungalow. Mayor Nee explained their problem wae that the ordinance was clear and did call for a public hearing. The City Msnager suggested to the City Comncil their act3on then would be to set a public hearing and the following two items for the next Council meeting and they could hold them with proper legal publication. Motion by Sheridan to aet a public hearing for the next regular meeting there can be 1ega1 notice with regard to a Special Use Permit rec�vest for a double bungalow at 1366 Highway �100 - George Balthazor, Seconded by Kirkham. Upon a voice vote, there being no nays� the motion carried•unanimously. OF BOARD OF APPEAIS Mayor Nee announced for Council consideration u request for a epecisl uae permit for double bungalowa at 6701, 6711 and 6721 Main Street N. E.� by Bernard Wolke. � e Motion by Wright to set a public hearing fon the next regular meeting �there can be legal notice with regard to e Special Use Permit requeet ior double bungalows at 6701� 6711 and 6721 Main Street Northeast by Bernard Walke. Seconded by Sheridan. Upon a voice vote, there teing no nays, the motion carried unanimously. OF BOARD OF AFPEALS RE SPECIAL USE PERMIT: ET N. E. - AL WILLIAMS Mayor Nee announced'for Council consideration a requesti.�'or a apecial use permit for a double bungalow at 7300 Van Buren Street Northeast by Mr. A1�Williams and atated action should be dependant upon Mr. Williame' wish to pursue the item. Motion by Kirkham to get a public hear3ng for the next regular meeting there can be legal notace with regard to a Special Use Permit request for a double hungalow at 7300 Van Buren Street Northeast Uy Mr, A1 Williams if he chooses to pursue the request. Seconded by Sheridan. Upon a voice vote� there being no nays, the motion carried unanimously. HEARING: PRELIMINARY PLAT P.S. #64-07 IRONTON INDUSTRIAL �FAN RD Ji KOWSKT: PART OF 5W 1 OF NE 1 OF SECTIOIV 4: The City Manager read to the City Conncil the recommended approval oY the preliminary plat named by the Planning Cotmniseion. City Engineer Qureshi presented the preliminary plat to the City Council. It was explained by the City Mansger the street matching problem was the item that had heldup the plat for some time but the Council hed agreed in court stipulation they would place the road on the South 30 feet and swing up to the North 30 feet but not the full width at i.he time it became a necessity. It wae further ex- plained the surve,y was made by the same surveyors that eurveyed Ironton Stseet. Councilman Wright inquired regarding the truck access to this industrial park and if it would tske heavy duty trucks. City Attor�ey Smith preaented a road map of the area for Counci,l reviewal. City En�ineer Qureshi explained the owner would have to �et sewer and water in in order to get the right kind of a road. City Attorney Smith suggested to the City Council the nemes of t,he streets in the plat should be changed ta ways ea eveything West of the railroad tracke were called ways and Line�ln Street should be changed to Lincoln Way, City Engineer Rureehi atated there was a plat in Spring Brook Park that was named Lincoln Street. City Attorney Smith replied it ahould be changed becauae there was a plan which had been followed on ti�e entire eastern part of Fridley and they would have to diecard the road plan or follow it. City Engineer Qureshi aeserted there would also be a State Aid Road in i,he area and Lincoln Street could run into it. It wae further explained by City Engineer Qureshi Whet the areas abutting were pla�ning for the future. Motion by Wright to concur with the recorenendation o£ the Planning Commission and approve the preliminary plat, P.S. #64-07, Ironton Industrial Park by Bernard Kulkoweki on part of SW 1�4 of NE 1/� of Section 3 and set a public hearing. Seconded by Kirkham. Upon a voice vote� there h�ing no naye� ttle motion carried unanimously. WORREL'S 2ND ADDIT Mayor Nee announced the coneideration of a preliminary plat ai Worrel's 2nd Addition by Don Andereon. TheCity Manager explained to the City Council this wae a plat oP Outlot �2 and read the recommended approval by the Planning Co�niesion. It was further explained the Council m�,ght recall the Wo�rel's were an elderly couple and all kinds of attempte had 6een made to obtain a road North and South to serve this area and they would not agree� so it wae determined the City Council should not hold them up any longer and� as they were not in a position to put in the water and aewer they were allowed to plat only the lota fronting on sewer and weter and �paving. The City Manager etated the remainder vf the plat was called Outlote #1 and #2� that thia area had been a,gld to Don Anderson as one of the Worrel's wae now deceaaed so��thie was actually as the plat was originally approved but it wae now called an outlot. Councilman Wright inquired regarding an alley or etreet in the area. The City Manager replied tYtis would not help this plat� that it was felt these peaple would have to provide their own interior noads and when the City Council approved thie eni;ire plat as a preliminary plat they had co�itted the city to thie. Mr. Ken Kravtk of the Planning Commisaion t+as pre- aent and explained of the many meetings the commiseion had held in this re�ard they had been unable to get the reaidents together� that they all want to get together as long as someone elae does the dedicating of the neceesary land. He ftirther explained that at this lasi, meeting they were sll preaent and had been informed if they could get together with ➢on Anderaon, this would be fine but they ,just can't get together; that Don Andereon had made the oYfer if they were willing to get the necessary dedications but to no svail. Councilman Wright etated it was his opinion there would have to be a northbound cul de sac but the residents were hurting themaelves. Mr. Kravik replied this was true and the other part wae that from thie piece oF property the laying of the homes would work better on the North and South road then the way now laid out but thie was what they had been able to work out for maximum uae. Motion by Wright to concur with the recommendatian of the Rlanning Commiseion and accept i.he ��liminary plat #64-12, Worrel's 2nd � �_, JG Addition, by Don Anderson, OUtlot �2, Worrel's Addition and set a public hearing. Seconded by Sheridan. Upon a voice vote, there being no nays� the motion carried unanimously. YeTi7_�:i1I�)�f:�����:1�1 Yi7:TiY Mayor Nee announced the coneideration of the memo�Prom the Board of Aealth. Coimcilman Wright etated this report wae not typical of other reporte of Mr. Henaley of the Board oP Health� that� apparently� one individual wae able to act in the place of the Board of Health Officer juet by making phone calls and throughout the report he refers and says he has never inepected the pool' in question and all the information ia heresay, The City Manager replied as far se overloading the pool� Mr. Hensley did not feel empowered to investi- �ate that part of it and took the word of the State Board of Health but as for the Yollow up it was poesible for Council to have objection to it. Councilwsn Wright stated his complaint wae really not with Mr. Hensley but he wished to know and inquired oY City Attorney Smith if thie were legally considered a public pool ae it ie entirely owned by the owner oY the apsrtment buildinge and ie called a semi pub�ic pool and if it were bound by etate regulations. He f�rther etated thie question wae only in the interest of rrhether the City ehould take a hand in xegulating such thinga. City Attorney Smith replied hie impresaion vae that the City Health Officer hae power��to inspect it and that it ia open to a restricted part of the public but as a semi', public pool and the City would have the right Por inepection, Counc3lman Wright inquired if he were right in the assertion that the City would have only the inspection right of the water but not the overloading of the pool. Mayor Nee etated it wae his impreseion that ae they had adopted the State Code by reference they were in charge oi it, The City Me.nager aaserted that baeically what the Health OfFicer wae saying was that there wse turbidity in the water and that vae hie only inepection and what he knowa about the overcrowded conditions wae given to him by the State Health Department� that he would be glad to have h3m fo11oW thia matter up and make a report to the City Council. Motion by Sheridan to receive and file the report from Mr, Jemea H. $eneley� Board of Health dated July 8� i964, Seconded by Kirkham. Upon a voice vote� there beiig no naye� the mot3on barried unanimously. VISITORS: Mr. Peteraon, representing the Fridley American Legion was preaent and inquired regarding the licenae being considered by the City Council regarding liquor hot�le club fees end who had brought it beiore the City Council. Meyor Nee replied it wae brought before the City Council at his request. Mr. Peterson stated the American Legion wae the only private club in Fridley� i�hat they are cloaed mo�t of the time and could pay no exorbitant fEea. Mayor Nee replied thie ordinance does exempt priva�e clube. Mr. Pe��reon informed the City Council they t�ad given the City a resueitator and were now in the process m� giving another for the beach and re- garding publicity for Fridley, they had now won their �hifi� trophy for a ,float. Mre. Laurie Johnson� contractor� was present regarding a plan for a 36 unit apartment complex called East Riverland's Court. She explain�d that Mr. Robert Minder of 9uburban Engineering� Inc., was the new engineer for the plan and it was now deci�ed to spend an additional $5�000.00 for a water system in the area proposed and the reason the plan was being presented was to ehow the City Council what kind of money they were talking about. An operating statement was aleo presented for Council reviewal. It was explained by Mrs. 53 Johnaon the sites of the owners had been out becauae they had been told by experts there was not the market in the Northeast area £or t,he kind nf apertmettt they were building. She etated the build- ings were left exactly as they were but they had changed the storage area� that East Riverlands Court did comply with the ordinance regarding aquare feet� that in the reorganization they hed been asked by various ineurance companies to make the apartments larger and they had left the building 80 feet long as it wae and reorganized the epece as the ineurance companiee say if you are going to rent�ap@�rtmente of a delwce nature you have to have s dining room. It wae f�arther stated the revamping now included one and two bedroom apartments, that originally there were 36 two bedroom apsrtmente and they had taken the one bedroom unit out anfl epread it and it ia still way over the code require- meni.s. Mrs, Johneon asaerted the etorage areas had been set up and the building would be on an oil-gas syetem of 1,200,000 btu's� that they had also been told the unite �hould be set up for 8 washera and 4 commercial dryers and to comply with the ordinance� ell the,y would have to do was give up the community room ae they did not have 500 square feet in the laundry room as earch cubicle was supposed to be 40 square feet. City Attorney Smith inquired of Mrs. Johnaon if the epace for laundry plus the co�unity room� totaled the needed aquare footage for code requirementa. Mra. Johnson replied that it did. Mre. Johneon explained ehe had been told there wae e complex eimilar to thie plan in Edina with a community room that ttad never had a vacancy� that when this plan had been d��cuased previously there was a nursery on the eecond floor and she had been told they had to make the community room pey for ii,self 24 hours a day. It wae further explained by Mre. Johnson there are 2700 square feet on sll three floora but be- cause of the lack of 60 square feet of laundry apace it didn't pase t,he ordinance at the preeent moment although they were way over sll requirements on everything else. Mayor Nee inquired re- �arding the normal procedure on an item of thie 81nd. Councilman Wright stated he felt a 60 foot waiver would be suYficient. It was further explained by Mrs. Johnson they were ueing space that wae used by other builders for laundry area for a decorative and leisure purpose. Mayor Nee asaerted he felt the item would be in order if the City Council wished to act on it. Mr. Kravik of the Planning Commisaion stated the request had nothing to do with the appearance of the bu3lding. Mayor Nee explained the question would be to issue a new permit on the aet of plans es presented. City Attorney Smith explained to the City Council that in v3ev of the excess amount of community room added to the laundry facilities� this Would cer- tainly be within the code. Motion by Sheridan to approve the waiver of the 500 aquare foot requlrement for laundry purpoaes to 440 square feet for an apartment complex by Eaet River Lande Court, Inc. Seconded by Kirkham. Upon a voice vote� there being no nays� the motion carried unanimously. OTf�R nUSINESS: Councilman Kirkham informed the City Council the residents on 66th Avenue Northeast were concerned and arixioua to get relief from the bus situation on their street and inquired if there was any poasibility of having the bue turn around on one of the service roads off Univereity Avecrue, t�at they could stop at the parking lot ae they do and croes over to the other side of Univereity Avenue and if the Holly Center didn'i want them to loop� they could uae the two service roads. The City Manager repliedif the City Council wished to direct him to write a letter in this regard he would do so. Mayor Nee inquired re- garding a resolution or motion to the bus company to go up Univereity Avenue to 73rd Avenue and cross 73rd Avenue. The City Manager replied this would not be a3 good as Osborne Road and the bua compan� claimed they couldn't pick up �essengers on Highway 65. Mayor Nee requested that the City Manager investi- gate the feasibility af Councilman Kirkham's request and report at the next meeting. It was so agreed. J `� Councilman Wright stated it would be in order to appropriate the sum of $360.00 approximately Yor the purpose of changing the salary of the City Manager upwards retrosctive to Tanuary lst of 1964. Motion by Wri�ht to raise the annual salary of the City Manager by the sum or $360.00 retroactive to January 1� 1964. Seconded by Sheridan. Mayor Nee asserted he wouldr�have to rule thet since this was a apecisl council meeting� they could not act on it, Councilman Wxight replied the minutes from the previous meeting would ahow thls was designated as a regular epecial meeting. City Attorney Smith stated that secordi�g to the previoue meeting� motion� there would be four regular meetinge in July. Upon a voice vote, there being no nays, the motion carried unanimously. City Attorney Smith iniormed the C�ty Council the City,Clerk had given him an old file on Bianconi Conatruction Company, that about two years prevfioua Mr. Bianconi had s low bid and didn't accept it and the bid had to be let for $14,000 higher. It wae explained the City Clerk does have to cloee this portion of the books and it wss the view of the City Attorney thia must be collected and wished authority from the City P�ouncil to sue Sisnconi Construction Company and hie aurety. Motion by Sheridan to give authority to City Attorney Smith to pro- ceed with whatever steps are neceaeary to collect the funds due from Bianconi Construction Company and his eurety. Seconded by Wright. Upon e voice vote, there being no naya� the motion carried unani- mously. The City Couhcil mas informed by the City Clerk the Anoka County Auditor ia having a meeting for election judges this coming Wednesday and the problem was that under the new law they wauld not be using the same election judges and there would be a problem oi getting judges trained. He stated if the City Council had any influence� the law ehould be changed ao that lists submitted could be done so 90 days before an election in order Yor the Council to appoint the judges. He further etated the main problem was getting the people trained for the work. The City Manager explained they had noC had an opportunity to alert the City Council of this problem but that perhaps if they had eight head judges it would help to send thep� for the �nstructions. Councilman Wright atated he was quite certain both political parties would recommend judgee to the County. Tk�e City Manager inquired iY they should take the eight head judges from the laet election and eend £hem for instruction. The City Clerk stated this was not a serlou5 problem now but as it was set up there would be too short a time between eppointmente and any election. Coun@ilman Wright suggested the City Clerk call the matter to the attention of theCounty AuBdtorpand in£orm him of ite inconeistency. It was so agreed. City Attorney Smith requested to meet with membere of the City Council and Mr. Kravik regarding a court case following i.he meeting. ADJOURN: There being no further businesa, Mayor Nee declared the Re�ular Council Meeting of July 13� i964 adjourned. Respecflilly submitted, , a /{i�.v..v / S�u M3ekowic Seeretary to the Council � �V�V� William . Nee Mayor