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10/29/1973 - 00016162i�i£� THE MINUTES OF THE REGULAR MEETING OF THE FRIDLEY CITY COUNCIL OF OCTOBER 29, 1973 The Regular Meeting of the Fridley City Council was called to order at 7.40 p,m. October 29, 1973 by Mayor Liebl. PLEDGE OF ALLEGIANCE. Mayor Liebl led the Counc�l and the audience in saying the Pledge of Allegiance to the Flag. INVOCATION. Mayor Liebl offered the Invocat7on. ROLL CALL: MEMBERS PRESENT MEMBERS ABSENT Councilman Breider, Councilman Utter, Mayor Liebl, and Councilman Nee. Councilman Starwalt. Mayor Liebl indicated for the record that Councilman Starwalt's absence was due to his required attendance at another meeting. PRESENTATION OF AWARDS: CERTIFICATES OF APPRECIATION. CAROLINE WILLIAMS - ACTION IN SAUING A CHILD FROM DROWNING: Ms. Wi7ltams was not present. Mayor Liebl directed the Acting City Manager to forward the certif�cate to Ms. Williams. DAVID TODD - ACTION IN SAVING A CHiLD FROM DROWNING: Mr. Todd was called forward to accept the award. Mayor Liebl addressed Mr. Todd and read the certificate aloud to the Counci] and audience. Mayor Liebl presented the award to the recipient and thanked him for his action. The members of the Counc�l stood and applauded the actions of Mr. Todd. SHEILA PATTERSON - ASSISTING POLICE DEAARTMENT WITH BURGLARY INFORMATION: Miss Paterson came forward and Mayor Liebl read the inscription on the certificate aloud to the Council and audience. Mayor Liebl presented the framed certificate to Mrss Patterson and said she was a shim ng example of a good citizen of the City of Fridley. The members of the Council and audience stood and applauded Miss Patterson for her actions. EVERETT R. �ONNSON - ASSISTING POLICE DEPARTMENT AT SCENE OF ACCIDENT: Mayor Lieb1 called on Mr. Johnson to come forward and accept the certificate of appreciation. Mr. Johnson came forward and Mayor Liebl read aloud ihe information on the certificate. Mayor Liebl thanked Mr. Johnson for his acts of kindness to his fellow man and asked for God's blessing for his help to the City of Fridley Police Department and his fel7ow man. The Council and audience responded with applaUSe. APPROVAL OF MINUTES: REGULAR MEETING OF OCTOBER 1, 1973: MOTION by Counc�lman Nee to adopt the minutes of the Regular Council Meeting of October l, 1973 as submitted. Seconded by Councilman Breider. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. ADOPTION OF AGENDA. Mayor Liebl had no add�tions to the agenda and asked the other members of the Council if ihere were any additions to be submitted. There was no response. � � � � � � REGULAR COUNCIL MEETING OF OCTOBER 29, 1973 PAGE 2 T Fcra MOTION by Councilman Bretder to adopt the agenda as presented. Seconded by Councilman Utter. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. VISITORS: Mayor L�ebl asked if there was anyone present who wished to address the Council under the Visitor's section and there was no response. PUBLIC NEARINGS PUBLIC HEARING ON IMPROVEMENT: STREET IMPROVEMENT PROJECT ST. 197�}-3 MOTION by Counc�lman Nee to waive the reading of the Public Hearing notice. Seconded by Councilman Breider. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously and the Publ�c Hearing opened at 7•50 p.m. The Acting City Manager/City Engineer, Nasim Qureshi, said this improvement would be on T, H. #65 from south of 53rd Avenue ta the South City limits. He informed the Council that the City of Fridley would be working with the C�ty of Columbia Heights �n the improvement of 53rd Avenue to provide additional lanes and 6etter traffic control. The City Engineer pointed out that drainage facilities, cur6ing and gutters, piping and the elimination of the ditches would be accomplished. He add�d, the intersection of 52nd and Htghway #65 would be channalized more effectively. The City Engineer stated Fridley's share of the entire construction project would be $92,850.38. He explained there had been some monies provided for the storm sewer construction in the area, and some of this money would be used for this system. He indicated other monies would be assessed against the ahutting properties. MOTION by Councilman Utter to close the Public Hearing. Seconded 6y Councilman Nee. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously and the Public Hearing closed at 7:59 p.m. OLD BUSINESS: E#552 - REGULATING THE PARKING OF CERTAIN COMMERCIAL VEHICLES UPON THE Playor Liebl called on the City Attorney for his views concerning the proposed ordinance. The City Attorney advised the Council he would recommend the second reading be adopted in its present form. The City Attorney informed the Counc�l he had been in contact with the Highway Department and they will be discontinuing the Urban License procedure after the next session of the Leg�slature. He said it could 6e amended after this time, but he would suggest giving the ordinance a try in its present form. He indicated he had talked ot the Public Safety �irector, and it was his request that brought the proposed ordinance into being. MOTION by Councilman Breider to waive the Second Reading of the Ordinance, adopt the Second Reading of the Ordinance and order publication. Seconded by Councilman Utter, tndicating this would be for discussion purposes. Councilman Utter said he believed this would not be a proper weight limit and as he had said before, if the weight limit were to be included in the ordinance, a lower weight should be used. UPON A ROLL CALL VOTE, Breider, Liebl, and Nee voting aye, and Utter voting nay, Mayor Lie61 declared the motion carried three to one. �;� - TO AMEND CHAPTER 11, SECTION 11.10, FEES, OF THE CITY CO�E OF THE unncr nnrn�roc . Mayor L�ebl recalled Councilman Starwa1t felt this should 6e �ncreased to a hlgher rate for the permit fees. He suggested raising this amount to $10. The Acting City Manager said that letters had been sent to all of the movers that �nr � �� �� REGULAR COUNCIL MEETING OF OCTOBER 29, 1973 PAGE 3 were licensed in the City of Fridley with the invttation to them to attend the present meeting because of the possibility of amending the amounts in the ordinance. Mayor Liebl asked if there was anyone present who would like to make any remark about the suggested change in the fees. There was no response. MOTION by Councilman Utter to amend the proposed ordinance to change the $5 permit fee to $10 per permit. Secorded by Councilman Nee, Upon a voice vote, all voting aye, Mayor L�ebl declared the motion carried unanimously. MOTION by Councilman Utter to waive the Second Reading of the Ordinance, adopt the Ordinance and order publ�cat�on. Seconded by Councilman Nee, Upon a roll call vote, Liebl, Utter, Nee, and Breider voting aye, Mayor Lieb7 declared the motion carried unanimously. ORDINANCE #554 - RE CORPORATION FROM C-1 MOTION by Councilman Breider to waive the Second Reading of the Ordinance, adopt the Second Reading of the Ordinance and order publication. Seconded by Councilman Nee. Upon a roll call vote, Liebl Utter, Nee, Breider voting aye, Mayor Liebl tleclared the motion carried unanimously. ON OF A REQUEST FOR A REAL ESTATE OFFICE, 6305 EAST RIVER ROAD BY J( H AND RECEIVING PETITION #14-1973, SUBMITTED BY PROPERTY OWNERS IN THE VICINITY OF 6305 EAST RItIER ROAO� Mayor Liebl called on Mr. Jeffery Carson, Attorney representing Mr. Doyle, to present his situation to the Council. Mr. Carson addressed the Council and stated they had appea�ed before that body on October 15, 1973, when �t was the indication of the Council that a Special Use Permit would be denied. Mr. Carson continued stating the Council had given the applicant to the present meeting to come up with a satisfactory solution to comply w�th the home occupancy ordinance. He indicated Mr. Doyle had anticipated having his son occupy the home, but had 6een told by members of the Council that this would not satisfy the home occupancy ordinance. He stressed, it was the opinion of the Councilmen that the applicant had to move himself and his family into the home to sat�sfy this requirement. He said at this point, Mr. Doyle gave up his intention to have his son occupy this home, as he thought only absolute home occupancy would be allowed, Mr. Carson informed the Council of the actions of the past week stating Mr. Doyle had put the home up for rent and applied for R-2 rezoning in the area. Mr. Carson said the next step would be to go to the Pianning Commission with the proposal outlined, but last week Mr. Doyle had met with the people of the neighborhood and they were concerned with the R-2 rezoning of the area. He said the people favored Mr. Doyle's use of the business as he is at the present time over the possibility of rezoning for duplexes or double bungalows. Mr. Carson said the area property owners had drafted a petition to present to the Council which indicates the people would prefer the use of the property as a real estate business, however, it would be accomplished through a special use rather than rezoning. Mr. Loren Wolle, 33 63rd Way, presented the draft to the Council. Mayor Lieb7 read the petition aloud to the Counc9l and audience. Mayor Liebl indicated that ten people had signed the pet�tion and he read the names of those people aloud. Mayor Liebl said the people who had signed the petition were all abutting property owners. Mayor Liebl read the stipulations as drafted by the property owners aloud to the Council and audience. They are as follows: Parking lot: a) Lot size sufficient for five cars. b) Asphalt surfacing. c) Bumper curbs. � LJ � � � �--, �J REGULAR COUNCIL MEE7ING OF OC70BER 29, 1973 PAGE 4 d) Short privacy shrub around the parking area. e) 5pace sufficient to turn cars around to drive out of the lot. 2. Hedges to the south to be trtmmed tn a neat orderly manner to enhance the looks of the community and provide privacy. 3. Specialized use �s to apply only to John R. Doyle or one of his immedirte family and shall terminate if this bus�ness vacates the property. Dur�ng this special use period, none of the proposed property is to be sold 0 5 During special use period, zoning is to remain consistant with surrounding neighbors. Maintain all fences belonging to the property in at least better than present state of repair. ! �� 1 V � MOTION by Councilman Utter to receive the petit�on from the abutting property owners, Petition #14-1973. Seconded by Councilman Nee. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. Mayor Liebl asked the City Attorney for his counsel on this proposal. He said the stipulation of only allowing this type of use by Mr. Doyle would indicate the Council was not setting a precedent. Mayor Liebl said the man may be forced to develop the land at this time if he cannot operate in the manner requested. He again asked the City Attorney for direction in the matter. The City Attorney said if the Council is interested i�permitting use of the property as it is suggested, the only way this could be done is�through home occupancy. He said it would be up to Mr. Doyle to indicate his interest of having his son occupy the property, and work for the Company. He indicated if the condit�ons are met, he can qualify for the home occupancy under our zoning ordinance He said there could be an agreement between the City Council, City staff and Mr. �oy7e that he would be in compliance. He said he would have to advise the Council and Mr. Doyle that if some neighbor would not agree to the conditions as agreed between the City and Mr. Doyle, the person could ask for a court determination and a �udge would made the �udgement. The City Attorney said if this would be satisfactory to the Council and Mr. Doyle, �t could be considered, The City Attorney said he would like to raise a question that had not been incorporated in the petition and this would be the need for the variance in the requirement for the sign to be two square feet in area w�thin residential areas. He said he would assume there would be a desire for this sign ordinance to be waived. He said the requirement is very small and the Council could grant a variance and he would be able to operate as a real estate businass. Councilman Breider questioned the area being in a transitional state and thought this was in con�unction with the Comprehensive Plan. He said someday 7n the future, it may 6e zoned to some other zone and use. The City Attorney indicated he had mentioned this type of zoning to the Counc�l the previous meeting of the Council. He thought this may be a consideration and there may be a need for transitional zoning. The City Attorney recalled he had never read anyth7ng on this type of zoning and did not know of a community that did use it. He suggested it may be good for the community and it should go to the Planning Commission for their consideration and recommendations. Councilman Breider pointed out the area was undergoing a change in complexion and tt was the feeling of the people that this chanqe not take place at the present time. He said he thought there should be someway to handle this type of situation in a flexible manner in the meantime. Councilman Breider stated, under the present zoning code, this could not be done. He added the problems are with only one case now, but next year there may be more requests. Councilman Utter said the reason the people had come up with the agreement is 6ecause they feared the area would be rezoned. He stressed, they do not want the area rezoned, they want �t R-1 as it is now. Councilman Utter sa�d the people had heard if the Planning Commission had turned this down the applicant could take the matter to court. He indicated there were some of the neighbors who would not sign the agreement because of the first paragraph of the petition. He said as long as Mr. Doyle has gone to some steps to have someone live in the house, perhaps some agreement could be � � {) REGULAR COUNCIL MEETING OF OCTOBER 29, 1973 PAGE 5 reached, Counciiman Utter said the people would accept this more than the agreement, he had worked with them to come to some agreement, Councilman Utter said he thought Mr. Doyle would want to comply 6ecause he would want to operate in agreement with the area people. Councilman Nee questioned ��lrs. Gerber on her views of the situation, Mrs. Gerber said they had been fighting for a long time. She stated she did not realize Mr. �oyle � had a son old enought to occupy the home. Mrs. Gerber said she would prefer neighbors to a business in the area. She continued saying she believed the people of the area are 6eing pressured. She pointed out they had been told he would operate his business there or build double bungalows or duplexes. Mrs. Gerber said she did not �ink any of the proposals were desirable in that area, She referred io the Comprehensive Plan and said she d�d not know of any people who would want the area changed at the present time. Mayor L�ebl said he would like to find out which of the neighbors are opposed to the use of the home as a 6usiness. He said as far as he knew, not one neiahbor opposed to Mr. Doyle operating the business on the property, Mayor Liebl thought the people were opposed to the rezoning of the property. He again questioned Mrs. Gerber asking 7f she was opposed to Mr. Doyle using the property for the operation of his business. Mrs. Gerber answered she would have the choice of the business, double bungalows, or duplexes. Mayor Liebl sa�d this was not correct, they would still have some choice in the usage. Mrs. Gerber pointed out to the Council that there 9s already one half block of double bungalows �n the area and �f there is more in this area, there would be a complete portion of the one half block with double homes, back to back. She suggested this would devalue their property and this would be very undesirable. Mayor Liebl asked if there was anyone present who wanted to speak. Mr. John Othoudt, 20 63rd Way N. E., said he would not be opposed to the operation � of the real estate office tn the locat�on, but he would oppose the requested rezoning. He indicaied, he thought they should wait and see what would be coming into the area in the future. Mayor Liebl sa�d Mr. Othoudt would definitly oppose rezoning, but would not be opposed to the bus�ness for a ltm�ted amount of time. Mr. Othoudt said he would not oppose the limited use, and would oppose any rezontng. Mr. Lewis Doyle, 25 63rd Way N. E., addressed the Council and stated he did not see any reason uFhy he could not opperate his business from that location. Mr. Ed Ellis, 70 63rd Way N. E., addressed the Council and stated all of the discussion was concering something that would be �llegal. He said the City Attorney said this would be illegal and the only way this could be done is if Mr. Doyle's son would occupy the home. He said �f this is not done, what is the p7an? He asked if they would be considertng the Special Use Permit, and added, this would go against the advice of the City Attorney. The City Attorney sa�d the only way this could be done is tf Mr. Doy7e's son would live in the house, He said Mr, Ellis is ask�ng if Mr. Doyle's son would be moving into the house. He asked if there would be any objection to specifying a limited amount of size in the -iuture. Councilman Breider satd under the home occupancy ordinance, the requirements for parking and spec�fied items are much more restrictive than the petition drawn � up by the people. Councilman Nee quest�oned the City Attorney asking if ii would be possib7e to table the matter and suspend the ordinance for a period of one year, depending on the action of the Planning Commission. The City Attorney said th�s �s sim�lar to what he had been try�ng to say. He would suggest an agreement 6etween the Council and Mr. �oyle that would indicate compliance and this would comply with the ordindnce. Councilman Nee asked Mr. Doyle if ii would be possible for his son to live in the house. � � � � �l Y REGULAR CQUNCIL MEETING OF �CT�BER 29, 1973 PAGE 6 Mr. Doyle said he would like to answer Councilman Nee's question. He indicated he had discussed the possibtlity of his son living in the home with his son and th;s had been done some time ago, After this time, he had talked w�th the Councilmen and they had said he would have to occupy the home. He said he had been told his son living in the home would not comply with the letter of the code. At his time Mr. Doyle dropped the issue with his son and it had been a long time since the matter had been discussed with him. iNr. Doyle said since his son would be deeply involved in the plan, he could not commit him without first getting his feelings. Councilman Nee said Councilman Utter and Mayor Liebl had each expressed one half of the dilemma and he happened to agree with both of their poinis. Councilman Nee said �f there is a force for change in this area,it was com�ng from Mr. Doyle, and he did not think this is where it should come from. He expressed the concern for the neighbors and said whether or not this would 6e a61e to work would be the question in his mind. He thought any change should come from a broader base. He illustrated as an example of total neighborhood planning as what is happening in Hyde Park and this is so current the entire results cannot be determined at the present time. Councilman Nee said the present property owners should receive the benefit from such a transition if there is a benefit to be made. He said the Hyde Park area had not 6een totaly planned as it may have been. Counc�lman Nee continued saying be believed the people should have the leadershtp of the Planning �epartment and the Council, and this would be to see �f the neighborhood would want to do something. Councilman Nee said he did not be7ieve pressure from Mr. Doyle should be the prec�pitating factor. Councilman Nee said Mr. �oyle should not have the right to submit change unless the neighborhood planned this also. He poinied out that just because there is a petition, this does not mean the request would become a reality. Councilman Nee stressed the thought that the Planning Department should look at the area. He said if it would be leeal, he would like to table the matter for a year and suspend the enforcement of the ordinance. He said if it would not be legal, he could not live with the constant violation of the law. The City Attorney said the tmportant question at the present time would 6e who is going to live in the location to execute a legal use of the R-1 zom ng. Councilman Nee said he would like some indication from the people that had signed the petition if they were willing to allow the use of the location without the stipulation that the parking lot be asphalt. He indtca�ed this may be too much of an expense if the use of the property were to 6e only one year. He questioned if it would be reasonable to enforce this point when he may not be there more than a year. Mr. Wolle said tt would be important to see that something is done with the hedges and other areas to make the location look presentable. He said natural fencing that is on the property should be kept up. He stated he would not want the conditions to go down hill. He �ndicated �t may be senseless to require the man to put in the asphalt lot when he may on7y be there for one year. Mrs'. Gerber said she would not want to impose a hardship on Mr. Doyle. She stressed the area should be studied and the people should be involved in ihe study. Councilman Nee said he thought it may make sense to f7oat the present issue and iake a look at the study of the overall area. Councilman Nee said he would not want the people to think the area should be rezoned, and he thought it should not be. He said he thought the Planning Commission should have a chance to study the area. Mrs, Gerber questioned if the man would want his parking situation to remain as it is at the present time. Mr. Doyle said he would be able to get along. He said some area for parking in the front of the building would be more desirable. Mrs. Gerber asked what could be done on a temporary basis that all could agree on. Mr. Doyle agreed the asphalt would be expensive and said crushed rock could be used. Mrs. Gerber asked if this could be used as a base for the asphalt if everything goes well. Mr. �oyle said yes, this is done quite often. Mrs. Gerber said she could go along with this. Councilman Nee said if Mr. Doyle were to tell theCouncil that his son was to occupy the home, there would be no issue before the Council, he questioned the need for a motion. � + ;�` REGULAR COUNCIL MEETING OF OCTOBER 29, 1973 PAGE 7 The City Attorney said if it would be the consensus of the Council, and by Councilman Nee, the Acting C�ty Manager could send Mr. Doyle a letter summariz7ng the consensus of the Council and their concerns wh�ch have appeared within the discussion at the present meeting. This would put the �ntentions and concerns of the Counc�] and the people in writ�ng, there would be something on record. Mayor Liebl asked if this would include the waving the requirement on sign limitation. The City Attorney agreed, but indicated no sign size had been discussed at the present time. He suggested � some indication of the proposed size so the staff would have an idea what the Council had agreed to. He sa�d Mr. Doyle should state that thts would be under the conditions that his son would l�ve in the home. He said if this was done at the present time, the app7icant would not have to come back to the Council for further discussion. Mr. Carson said he had asked Mr. Doyle what size sign would be installed and Mr. Doyle answered he would prefer a four by six foot sign. Mayor Liebl said the applicant would want the people to know there is a real estate business there. The City Attorney suggested either a three by five, or a four by four sign, this would allow for a6out the same square footage. Councilman Utier suggested a three by four foot sign. MOTION by Counci]man Nee to author7ze the Acting City Manager to summarize the discussion at the present Counci7 meeting in letter form to be submitted to Mr. Doyle, and advise Mr. Doyle that if his son is in residence, the Cauncil would waive the sign ordinance to allow the construction of a sign comparable to the square footage on the DeGardner sign (The DeGardner sign was measured by the inspection department, and this sign is three by four or twelve square feet). Seconded by Councilman Utter. The City Eng7neer said he would write such a notice to Mr. Doy7e. He questioned if the stipulations from the petition should be those indicated in the communication to Mr. Doyle. He said he felt this is what the neighbors want as they had signed the � petition. He questioned if all the other stipulations such as the bumper curbing should be included in the st�pulations, He indicated the crushed rock would be stab�lized base. UPDN A vOICE VOTE, all voting aye, Mayor Liebl declared the motion carried unanimously. MOTION by Councilman Nee to direct the Planning Department to begin the planning process in the neighborhood and provide the people with some concepts for direction. Mayor Liebl said this would include the entire area from south of Mississippi to 61st. SECONDED by Counci]man Utter. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carr�ed unanimous7y. IDERATION OF DESIGNWARE INDUSTRIES. I FIRE Mayor Liebl asked the City Engineer what the problem was. The City Engineer said this would concern one of the stipulations in the permit. He said there are two firms involved in the matter and this would be Designware and the Fridley Bus Company. He expla�ned that the firms representatives were not available for the present meeting and had requested this be discussed at the November 12, 1973 meeting of the Council. MOTION by Councilman Breider to table the consideration of the Fire Hydrant Stipulat�on of Designware until the November 12, 1973 meeting of the Fridley City Counci7. Seconded by Councilman Utter. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. RECEIVING THE MINUTES OF THE PLANNING COMMISSION MEETING OF OCTOBER 17, 1973; A REOUEST FOR A SPECIAL USE PERMIT, SP #73-10, BY TRYGVE OLSEN: PER FRIDLEY N. E.. C � . . .S REGULAR COUNCIL MEETING OF OCTOBER 29, 1973 �:[eT�:3 The Ctty Engineer said the Planning Commission had recommended the request be approved. MOTION by Councilman Nee to concur with the recommendation of the Planning Commtssion and approve the request for the construction of an accessory building with the stipulat�ons of the subcommittee. Seconded by Councilman � Breider. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. MOTION by Counc7lman Breider to receive the minutes of the Planning Comm*ssion Meeting of October 29, 1973. Seconded by Councilman Utter. Upon a voice vote, all vot�ng aye, Mayor Ltebl declared the motion carried unanimously. RECEIVING THE MINUTES OF THE BOARD OF APPEALS MEETING OF OCTOBER 9, 1973: AND VING PETITION #15-1973, SUBMITTED BY ABUTTING PROPERTY OWNERS APPROVI�' nicTni i nTTnni nr Tur nmrrnini T non n��rn-rnni nnrvr ni r. The City Engineer pointed out the request was to construct a radio tower which would be 70 feet above the dwelling instead of the limited 20 feet as provided for in the Code. He said the Board of Appeals had recommended the request he denied. ' Mayor Liebl satd Mr. Kremer was present and he would like to see what the proposed antenna would look like. Mr. Kremer came forward and presented several pictures of the var�ous types of antenna and his proposed type of construction to the Council for their review. Mayor Liebl asked if there would be any commercial use of �he antenna or would it be limited to citizens ban. Mr. Kremer said he would only use C. B. Mr. Kremer said he had his radio checked by two technicians to determine �f it would cause interference on the area televisions and radios, and presented the letters which indicated h�s equipment to be in good work}ng order to the Council. MOTION by Councilman Breider to receive the letters from Mr. Tom Lenz, Electron�cs Specialists, Inc., dated October 26, 1973, and also from Mr. Norman Aaberg with no date. Seconded by Councilman Nee. Upon a voice vote, all vot�ng aye, Mayor Liebl declared the motion carried unanimous7y. Mr. Kremer presented a petition to the Council statiing it was from the area people who were not opposed to the installation of the antenna. MOTION by Councilman Nee to receive Petition #15-1973 from the area people not opposed to the installation of the antenna by Mr. Kremer. Seconded by � Councilman Utter. Upon a voice vote, all vot�ng aye, Mayor Liebl declared the motion carried unanimously. Mayor Liebl asked Mr. Kremer if he would a6ide by the necessary conditions as not to cause any problems in the netghborhood in the future. Mr. Kremer said he would do anything possible to comply with the regulations and the wishes of the people. P4r. Kremer said he is licensed by the F. C. C. as a class D operator and the license authorizes him to operate 150 air miles form his home in any direction. He pointed out to the Council that he would only plan to extend the antenna 50 feet over the top of the dwelling instead of the 7� feei as indicated in the agenda. r- � � �� REGULULAR COUNCIL MEETING OF OCTOBER 29, 1973 PAGE 9 Mayor Liebl asked Mr. Kremer if he had showed the pictures of the proposed and alternat�ve antenna to the Board of Appeals. Mr. Kremer said he did not. Mayor Leibl said the members of the Board had told him that Mr. Kremer planned on putting up a monstrosity of an antenna. He indicated the antenna would noi cause any interference to the area property owners, in the technical standpoint. Councilman Breider voiced concern at the antenna being similar to the ladder which would 6e easily accessahle to small children for climbing. Mr. Kremer sazd there would 6e mesh installed over the steel and this would be to the height of the eaves of his home and the antenna would be 22 inches and difficult for small children to shimmy. He said if any child could cltmb up the antenna, it would have to be a larger child and he would be able to jump down or call for help, Mr. Kremer indicated the protective measures would protect the small children. He said he is very aware of the small ch9ldren in the area and he did not think there was one tree they had not cl�mbed. Councilman Breider said he would also like some determination on the safety of the antenna with respect to wind velocity and what was indicated in the appltcants insurance for coverage of the area property. Mr. Kemer sa�d the antenna had been tested to withstand wind up to 80 miles per hour and it would probably stand a greater force. He said this is the speed at which the tests are st�pped. Ne said with the use of guide wires to the house, the antenna would be even more stable, Counc�lman Breider questioned Mr, Kremer if it would be possible for him to furnish the City proof that the structure would be insured aqainst liability, Mr. Kremer asked if a letter from his insurance agent would sattsfy this request. Councilman Breider mdicated this would be appropriate. Councilman Breider said he would also like som assurance that the area children would not climb the antenna. MOTION by Councilmap Breider that the antenna be covered with mesh to make it impossible for small children of the area to climb the antenna, and that Mr. Kremer furnish the City with a letter from his insurance agent as proof on insurance for liab�lity and that the variance be granted to P1r. Kremer for the �nstallation of the radio and television antenna, 5econded by Councilman Nee. Upon a votce vote, all voting aye, Mayor Lieb] declared the mot�on carried unanimously. A REQUEST FOR A VARIANCE OF SECTION 45.134, 6, PARAGRAPH 3, TO REDUCE THE FONTY DSETB KINA - Z IGDS IC ,W REIT IS J N T E Mayor Liebl said it would be his recommendation to approve the request. Councilman nee asked �f everyone on the street had been notified of the request. The City Engineer said yes, the normal process had been followed. MOTION by Councilman Nee to grant the variance as requested by Fullerton Metals Company if there were no objections of the area businesses. Seconded by Councilman Utter Upon a voice vote, ali voting aye, Mayor Liebl declared the moGion carr�ed unanimously. A REOUEST FOR A VARIANCE OF SECTION 45.134, 3B, FRIDLEY CITY CODE TO MOTION 6y Counciman Breider to concur with the recommendations of the Board of Appeals and grant the variances as requested by �. W. Harstad Company for � � � u � � � �"r�� REGULAR COUNCIL MEETING OF OCTOBER 29, 1973 PAGE 10 7860 Main St. N. E., Fridley. Seconded by Counc�lman Utt�r. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. MOTION by Councilman Breider to receive the m�nutes of the Board of Appeals meeting of October 9, 1973. Seconded by Councilman Utter. lJpon a voice vote, all voting aye, d�layor Liebl declared the motion carried unanimously. RECEIVING THE MINUTES OF THE BOARD OF APPEALS MEETING OF OCTOBER 23, 1 A REQUEST FOR A VARIANCE OF SECTION 45.053, 4, 64, FRIDL E. TO REDUCE The City Engineer pointed out the variance request was to reduce the required 5 foot side yard setback to 2 feet and the Board had recommended approval with stipulations. MOTION by Councilman Bretder to approve the variance as recommended by the Board of Appeals with the stipulations of the Board. Seconded by Councilman Utter. Upon a voice vote, all voting aye, Mayor Liebl declared the m�tion carried unanimously. MOTION by Councilman Utter to receive the minutes of the Board of Appeals Meeting of October 23, 1973, Seconded by Councilman Breider. Upon a voice vote, all voting aye, P4ayor Liebl declared the motion carried unanimously. RECEIUING THE MINUTES OF THE BUIL�ING STANDAR�S DESIGN CONTROL CONSIDERATION OF A REOUEST TO CONSTRUCT AN AD�ITIONAL THIRD STORY TO CIRCULAR MOTION by-Councilman Breider to approve the request for an additional floor by Medtronics, Inc. Seconded by Counci7man Utter. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. TO CONSTRUCT A NEW SPECULATIVE BUILDING LOCATED The City Engineer said this was a request for a new structure on Main Street, and the Board had recommended approval of the request with stipulations. The City Engineer said he would recommend an additional stipulation of the developer being required to pave the alley or require the developer to petition the City to do the paving of the alley. The C�ty Engineer pointed out on a plan the access to building and said this would be the main access and it should be paved. Counctlman Breider asked about the block to be used on the construction. The City Engineer advised the Council that basically, the same block would be used as is used on the other structure. Councilman Breider asked if the plans would call for a front load�ng area and the City Engineer said yes. He indicated this would be the only way the area could be developed. He said there is some screening, but all the buildings in the area did load firom the front. MOTION by Councilman Breider to concur with the recommendation of the Building 5tandards Design Control Subcommittee and approve the request for the construction of a structure at 7860 Ma�n St. N. E., with the stipulat�ons as recommended by the Committee and adding the sixth sttpulation that the developer pave the �fF_, REGULAR COUNCIL MEETING OF OCTOBER 29, 1973 PAGE 11 the alley or petition the City to pave the a77ey. Seconded by Councilman Utter. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. CONSIDERTION OF A REOUEST TO I:� The City Engineer said this �tem had been taken care of Tn form of the granting of the variances through the minutes of the Board of Appeals. MOTION by Councilman Utter to concur with the Subcommitiee and approve the construction of the addit�on as requested by Fullerton Metals, 517D Main Street N. E., Fridley, Minnesota, with the four stipulations of the Subcommittee. Seconded by Councilman Nee. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. TION OF A REOUEST TO CONSTRUCT AN A�DI7ION TO THE PRESENT BUILDING MOTION by Couniciman 6reider to concur with the recommendation of the 5uboommiitee and approve the request to construct an addition to the present building, a cardboard ba�ler, with the stipulat�ons as recommended by the Subcommtttee. Seconded by Councilman Utter. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimous7y. MOTION by Councilman Breider to receive the m7nutes of the Building Standards Design Control Subcommittee meeting of October 78, 1973, Seconded by Counc�lman Utter, Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unam mously. RECEIVING THE MINUTES OF �-�J'i�_�1u13�17 MOTION by Councilman Breider to receive the minutes of the Environmental Quality Commission meeting of September 19, 1973. Seconded by Councilman Utter. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. RECEIVING THE MINUTES OF THE CHARTER COMMI55ION MEETING OF OCTOBER 16, 1973: MOTION by Councilman Breider to rece�ve the minutes of the Charter Commission Meeting of October 16, 1973. Seconded by Counci7man Nee. Upon a voice vote, ali voting aye, Mayor Liebi declared the motion carried unanimously. CONSIDERATION OF AUTHORIZING AGREEMENT WITH METROPOLITAN TRANSIT COMMISSION FOR 7HREE BUS SHELTERS IN CITY OF FRIDLEY: MOTION 6y Councilman Nee to auihorize the Mayor and Acting City Manager to execute the agreement with the Metropolitan Transit Commission for three bus shelters in the City of Fridley. Seconded by Councilman Breider, Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. CONSIDERATION OF CELEBRATING FRI�LEY`S SILUER JUBILEE (INCORPORATED JULY, 7949): Mayor Liebl said he had brought this to the attention of the Acting City Manager and asked that it be put on the agenda. He said the City should contact the Chamber of Commerce, Rotary, V. F. W. and American Legion, Lions and all organtzations in the City of Fridley and perhaps work out a celebration with the incorporaiion of a parade. He ind�cated the City had grown by leaps and bounds and this would be a good gesture to br�ng the people together. He suggested the celebration be in July, or when the members of the Council would want it to be. He said the 25th an m versary of the City should be celebrated. � �J � � � � d, {7 REGULAR COUNCIL MEETING OF OCTOBER 29, 1973 PAGE 12 The Acting City Manager said the staff would work on such a plan if the Council would indicate their feelings in this direction. He indicated this would take a great deal of time on the staff level, but it would be a good opportunity to create community pride in the City of Fridley. He added, he believed Fridley to be the only Community in the area that did not have a yearly celebration of some kind. He stated it would be poss�ble for the staff to work on this, alert the civic groups, and get a celebration coordinated. He thought this would he a good time for the commum ty to have such a celebration. MOTION by Councilman Breider to approve the concept of the Silver Jubilee celebration in the City of Fridley. Seconded by Councilman Nee. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. CONSI�ERATION OF PRDPOSAL MAKING 3RD STREE7 BETWEEN 59TH ANU 60TH TWO WAY TEMPORARILY: MOTION by Councilman Nee to approve making 3rd Street between 59th and 60th two way temporarily. Seconded by Councilman Breider. Upon a voice vote, all voting aye, Mayor Lie61 declared the motion carried unanimous7y. RESOLUTION #143-1973 - RECEIVING PRELIMINARY REPORT AND CALLTNG A PUBLIC HEARING ON THE MATTER OF THE CONSTRUCTION OF CERTAIN IMPROVEMENTS STREET IMPROVEMENT PR JEC ST. 9 4-1 AND ST. 1 7-2 SAS : MOTION by Councilman Breider to adopt Resolution #143-1973 receiving preliminary report and calling a Public Hearing on the matter of construction of certain improvements, Street Improvement Pro,7ect ST. 1974-1 and ST. 1974-2 (MSAS). Seconded by Counci7man Nee. Upon a voice vote, all vot�ng aye, Mayor Liebl declared the motion carried unanimously. RESDLUTION #144-1973 - ORDERING IMPROVEMENT. FINAL PLANS AN� SPECIFICATIONS AND ION MOTION by Councilman Nee to adopt the Resolution #144-1974, ordering improvement, final plans and specifications and esttmates of the costs thereof, and approving plans for the urbanization of T. H. #65 from south municipal limits to I. #694 and i�nprovement of intersection of 52nd and 53rd Avenues and roadways: Street Improvement Pro,7ect ST. 1974-3. Seconded by Councilman Bretder. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carrted unanimously -1973 - INDICATI VTENDS TO PARTICIPATE MOTION by Councilman Nee to adopt Resolution #145-1973 indicating that the City of Fridley intends to participate in the urbanization of Trunk Highway #65. Seconded by Councilman Utter. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously, RESOLUTION #146-1973 - APPROVING REPLACEMENT OF LOST BONDS FOR LEONARD LABELLE: MOTION by Councilman Breider to adopt Resolution ,�146-7973, approving the replacement of lost bonds for Leonard LaBelle. Seconded by Councilman Utter. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. � APPOINTMENTS: NAME Carla C. Ott Lani R. Gardner Amy R. Herron POSITION Police Techmc�an Police Technician Police Technician SALARY $599 $599 $599 EFFECTIVE DATE 11-1-73 11-1-73 11-1-73 REPLACES Lawrence Chubb Lester Russell Donald Lee � r{ L' REGULAR COUNCIL MEETING OF OCTOBER 29, 1973 NAME POSITION Deborah Hurni Clerk Typist/ 6540 East R�ver Rd.Accounting Fr�dley, Minn. Clerk Finance Department SALARY $446 per month PAGE 13 EFFECTIIIE DATE October 29, 1973 REPLACES Margie Goranson MOTION by Counc�lman Utter to concur with the recommendations of the staff in the appointments of Deborah Hurni, Carla C. Ott, Lani R. Gartner, and Amy R. Herron in the positions previously mentioned. Seconded by Councilman Breider. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. CLAIMS; GENERAL LIQUOR 33545 - 33677 8296 - 8336 J MOTION by Councilman Utter to approve the claims. Seconded by Councilman Nee, Upon a voice vote, all voting aye, Mayor Liebl declared the motinn-carried unanimously . LICENSES: MULTIPLE DWELLING OWNER AQDRESS UNITS FEE APPROVED BY: Delta Land Inc. 5848 2nd St. N. E. 8 $15.00 R. D. Aldrich 6291 Comet Lane Fire Prev. �rtdley, Minnesota James H. Johnson 621 Bennett Dr�ve Fridley, Minnesota Wm. L. Zaier, Jr. 6556 Central Avenue N.E. Fridley, Minnesota Duane Oftelie 4511 Gettysburg Ave. N. Minneapolis, Minn. Darrel A. Farr Devel Corporation 2910 Co, Road 10 Minneapolis, Minn. CONTRACTORS LICENSES 380 57th Place N. �, 4 6550 Central Ave. N.E. 4 6503 East River Rd 1601 Innsbrudc N LICENSES $25,D0 EXCAVATING United Water & Sewer Company 5200 Eden Circle Minnespolis, Minn, 55436 GENERAL CONTRACTORS C. F. Haglin & Sons 4005 West 65th St. Edina, M�nn. 55435 Robert F. Norberg Builder 3316 Hillsboro Ave. N. New Hope, Minnesota 55427 Wieman-Slechta Ind. Bldg. Inc 8930 ,] Street �maha, Nebraska 68127 5 34 BY James L. Spetz R. A. Roberts Robert F, Norberg Wm. Wieman or Everett 5lechta 15,00 15.00 15.00 39.00 APPROVED BY C. Belisle C. Belisle C. Belis7e C. Belisle R. Aldrich , Fire Prev. R. Aldrich Fire Prev. R, Aldrich Fire Prev. R. Aldrich Fire Prev. � REGULAR COUNCIL M�ETING OF OCTOBER 29, 1973 MASONRY Murphy Construction & Restoration Co. 8425 Hale Avenue South Cottage Grove, Minnesota 55016 H. C. Wa9ar Company Inc. � 5940 Stinson Boulevard N. E, Mtnneapolis, Minnesota SOLICITOR Pack 714 Cub Scouts & Boy Scouts Items to be sold: Carmel Popcorn Toasted Peanuts Sunflower Seeds � R. J. Murphy PAGE 14 Approved By C. Belisle H. C. Wagar C. Belisle Glen Johnson, Chairman Non Profit Organization ii`I MOTION by Councilman Utter to approve the ltcenses. Seconded by Councilman Breider. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. ESTIMATES: Weaver, Talle & Herrick 316 East Main Street Anoka, M�nnesota 55303 September Retainer and Services Rendered Dated October 19, 1973 , Northdale Construction Company 8208 Northwood Parkway Minneapolis, Minnesata 55427 � FINAL ESTIMATE N0. 3 for Water, Sanitary Sewer and Storm Sewer Project No. 112 $ 1,288.00 $ 7,413.02 MOTION by Councilman Nee to approve the esitmates. Seconded by Councilman Breider. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. COMMUNICATIONS: INDEPENDENT SCHOOL DISTRICT #13: NORTH PARK: MOTION by Councilman Breider to receive the communication from the Independent School District #13 regarding thetr resolution of support for North Park being developed as a nature center dated October 17, 1973. Seconded by Councilman Utter. Upon a voice vote, all voting aye, Mayor L�ebl declared the motion carried unanimously. INDEPENDENT SCHOOL DISTRICT #11: NORTH PARK: MOTION by Counci1man Breider to receive the communication from Independent School District #11 regarding thetr commitment in the event North Park is developed as a nature center and dated October 23, 1973. Seconded by Counn lman Utter. Upon a voice vote, all voting aye, Mayor Liebl declared the inotion carried unanimously. FRIDLEY V. F. W.: MEMORIAL MONUMENT DEDICATION: MOTION by Councilman Nee to receive the communication from the Fridley V. F. W. invtting the Mayor and Councilmen to attend the ded�cation of the Veterans Monument at Eisenhower Square on Sunday, November 11 (Armistice Day), at 10:30 A.M., with no date and signed by Commander of the V. F. W. Post 363. Seconded by Councilman Utter. Upon a voice vote, all voting aye, Mayor Lieb7 declared the motion carried unanimously. MINNE50TA ASSOCIATION OF REALTORS: DONATION TO ISLANDS OF PEACE: MOTION by Councilman Utter to receive the communication from the Minnesota Association of Realtors concerm ng their donation of $150 to the Islands of Peace Foundation, dated October 25, 1973. Seconded by Councilman Breider. Upon a voice vote, all vot�ng aye, Mayor Liebl declared the motton carried unanimously. � �, �,, REGULAR COUNCIL MEETING OF OCTOBER 29, 1973 ADJOURNMENT: PAGE 75 MOTION by Councilman Breider to adjourn the meeting. Seconded by Councilman Utter. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously and the Regular Meeting of the Fridley City Council of October 29, 1973 ad,7ourned at 10.13 p.m. Respectfully submitted, ��� �� Patricia Ellis Secreiary to the City Council Date Approve � �.� �. :,.,8� Frank G. Liebl, Mayor C� 1