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04/21/1975 - 5455PATRICIA RANSTROM SECRETARY TO TH� CITY COUNCIL REGULAR COUNCIL MEETING APRIL 21, 7975 � _ z�o s ' � � � i THE MINUTES OF THE REGULAR MEETING OF THE FRIDLEY CITY COUNCIt OF APRIL 21, 1975 The Regular Meeting of thz Fridley City Council of April 21; 1975 was called to or�er at 7:35 P.M. by Mayor Nee. PLEDGE OF ALLEGIANCE: Mayor Nee welcomed those present at the meeting and invited them to join the Council in saying the Pledge of Allegiance to the Flag. APPROUAL OF MINUTES: REuULAR MEETING OF MARCH 17, 1975: MOTION by Councilman Starwalt to adopt the Minutes of the Regular Meeting of March 17, 1975 as presented. Seconded by Councilwoman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. CANVASS Of VOTES, P�IARCH 28> 1975: � MOTION by Coun�ilman Starwalt to adopt the Minutes of the Canvass Meeting of the Fridl�y City Council of March 28, 1975 as presented. Seconded by Coui��ilman Fitzpatrick. Upon a voice� vote, all voting aye, Mayor Nee dec1ared the motion carried unanimously. � � � ' � � � � �� I � ADOPTION OF AGENDA: Councilman Breider explained that he had received.a petition from resi�ients of Satellite Cane and they had indicated they would like to present ttiis petition and some comments during the Visitor's Section of the agenda. Councilwoman Kukowski said she woulif like to discuss the existing vacancies on the Planning Corrmission. Mayor Nee said he would like to add an item concerning the conflicting trash pick up regu7ations within the City between the City and the collectors. The City Manger explained that the Administration had prepared a resolution concerning opposition to Nouse File 1159 which deals with the liGensing of vending machines. Councilman Starwalt said he would like to discuss stop signs on Benjamin Street. MOTION by Councilwoman Kukowski to adopt the agenda s:��th the aforementioned additions. Seconded by Councilman Fit?patrick. Upo^ a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. OPEfV FORUM: VISITORS: . , MR. JOSEPI-i B. WOOD, MANAGER OF APARTMENT ON SATELLITE LANE, PRESEN�'ED PETITION OF RESIDENTS FOR ADDITIONAL PARKING: PETITION N0. 4-1975 : MOTION•by Counc:ilman Breider to receive Peti�ion No. 4-1975 from the residents at 195, 175, and 155 Satellite Lane who request additional parking on the apartme�it side of the street or the north side of Satellite Lane. Seconded liy Counc�lwoman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. , , Councilman Breider explained the history of the placement of the no parking signs in the area by indicating that this had been requested by the home owners in the area the previous spring. He mentioned there was a number of reasons for the request at that time. He listed a few of the problems as follows: danger created by parking of cars in area of school bus pick up, problems in plowing the narrow roadway in the winter (31 feet), problems of access for Fire DQpar6nent vehicles. Councilman Breider said this is an ��rea wl�ere there is a difficult corner and is dTfficult to travel with.cars parked on the roadway. Councilman Breider said a resident of the area had called him and indicated that the pet7tion.: would be presented at the meeting, and also that some of the residents would like to make comnents concerning the parking problems in the apartment area. Mr. Joseph Wood, Manager of an apartment building on Satellite Lane addresscd the Council and explained that previously there had been no parking signs on both sides of the entire street. Now, according to Mr. Wood, there is parking allowed.30 feet beyond the signs in some areas. Mr. Wood explained the problems incurred in showing the apartments �� 07 REGULAR COUNCIL MEETING OF APRIL 21, 1975 PAGE 2 to rental prospects when they are not allowed to park in the front of the building, but had to be directed around the back of the building and told where ii would be feasible to park. He also said the parking in the back of the building is set aside for the residents of the building and there is not adequate space for parking of visitors of the residents. Mr. Wood requested the Council consider allowing limited parking on the north side of the street in front of the apartment buildings. Mr. Wood explained that all of the residents of the building had been notified concerning the en`orcement of the no parking regulations and at t'imes there are some difficulties. He �id when there is a car parking in this area and they are not able to determine the oarnership of the vehicle, they call the police and have the vehicle hauled away. Mr. Wood suggested some modification of the requirements be taken such as limited two hour parking on the north side. He continued to comnent that with the amount of taxes paid to the City by the complex, he thought it would entitle the residents to have more desirable parking conditions. Ms. Marcia A. Sadowski, 155 Satellite Lane, Apt. ,#32, addressed the Couecil and said she had had problems with the situa.tion being there is no place for visitors to park. She � pointed out if she were to have a dinner party or bridge party, there is no place for the guests io park. There.is not enough area in '�he back of the building for both residents and visitors. She requested that some space in the front of the building be allowed. Mr. Sadowski said many prospective tenants are frightened off by the tedious parking situation. She also mentioned that people are reluctant to visit the residents because they do not'want to be forced to walk for several blocks after parking their car. She again requested the Council consider limited parking. \ Mr. Alvin J. Wadman, 155 Satellite Lane, said he had called Councilman 6reider concerning this matter after he had noticed that there is parking across the street in front of the homes that are occupied by the people that had requested no parking in the area. Mr. Wadman said he objected to the reasoni�ng that the chidren in the area are in danger when waTking to catch ±he bus. He stated he could count the young people from the apartments that catch the bus on his hand and the majority of the students come from the other direction. He thought the problem of parking would be just as serious on all of the streets in the area if this was to be considered criteria for this regulation. Mr. Wadman requested parking in the front of the building to a]low the visitars to park in frontof the doors. ' Councilman Breider stated the problem in the area is that of the apartment owner in that not enough space was provided for parking when the building was constructed. Ne said this matter had been reviewed by the Council and staff a number of times. Councilman BrE�i�er said there is a real problem in the winter months because it is difficult to make the turn. Counci]man Breider said he believed this ta be a difficult situation and he sympathized with the residents of the area. Councilman Breider questioned the feasibility of the owner purchasing some additional property to the west of the complex for additional parki.ng. He asked how this property is zoned. The Public Works Director said this is zoned industrial. Councilman Breider asked if the owner had ever been taiked to about the additional parking facilities. The City Manager said the staff had worked on this possibility and had drawn a sketch of the proposal for,the owner. He said there is a vacant �iece of property to the west of the building. The City Manager expressed the opinion that another possibility may be to have the owner petition for an increase in the s�ze of the roadWay. He said if it were more than 31 feet wide, this could accomodate more parking and alleviate the problems. He said if the apartment owner is willing to bear the� cost, this st�AUld be a possibility. The City Manager said i�E there is no solution to the problems immediately,there is also the possibility of creating such ]imited parking for a short period of time. • Councilman Breider said he did not feel the two hour limit would be feasible especially in the case of the lady who had mentioned bridge parties. He questioned if the guests would want to go out and move their cars to comply with the two hour limit. He also asked if the City would be� capable of enforcing this type of requirement stating the cars would have to be constantly checked and marked for the length of time they had been in the area. Councilman Breider said he would suggest that the property o��mer be encouraged to purchase more land or that the street be widened. Councilman Starwalt said he fully agreed with Councilman Breider that no change be made in the area at the present time and that some alternative solution be considered. � , ros � � ' , � � REGULAR COUNCIL MEETING OF APRIL 21, 1975 PAGE 3 Councilman Starwalt directed his comnents to the people present and to the people residing in the apartments and asked if they had ever contacted the owner of the building and requested additional facilities be furnished. He suggasted they all work together for a proper and suitable solution. Councilman Breider also questioned if the person who owns the building had been contacted for a solution. The people present said the owner had been aware of the problems. Councilman Breider asked what the owners reaction to the proposal of additional property for parking had been. Mrs. Wood addressed the Concil and said thisproposal of providing additional parking to the west of the builidng had been discussed with th�e owner and he had indicated he was not in a position at the present time to purchase the addiiional property. She recalled at the time the buildings were being cez�structed there was adequate parking and there was no thought of the needs of the future. Mrs. Wood said she had carefully instructed new tenants on the parking regulations of the area at the time they rented space. Sh� indicated each of the residents is provided with a set space in the back of the building. Mrs. Wood confirmed the remar!;s concerning the hassle involved in �showing the buildings £or rental and said by the time she had to explain to the prospective renter how to come to the area and meet her in the back of the building so she can point out the proper parking area, this '�scourages the people from even looking at the apartments. Mayor Nee asked how the people of the area would feel about � would require the deposit of around 20� to park in the area fact that in other areas, this is not required and she did to the residents of the area. She stated she thought this toward the people of the area. � � r � � i , ' ' � . I,� some parking meters which . Mrs. Wood pointed out the not think it would be f�ir would constitute discrimination The City Attorney mentioned he knew of the property, to the west and believed th�s belonged to Carlson LaVine and is located adjacent to the new construction being by RAO manufacturing. The Gity Attorney °said he had talked to the oyvner of the property and believed there to be a possibility that this parcel could be leased a number of years, if the apartment owner did not choose to purchase any property Mr. Wood asked if the suggestions of the City would be submitted to Mr. Edstrom, the apartment complex owner. done for Councilman Breider suggested that the property owner be informed of the City's outline of possible solution and that a copy of the petition signed by the residents of the apartment complex also be given to the owner. MOTION by Councilman Breider to give the apartment owner a reasonable amount of time to come up with a solution {or the parking problems on Satellite Lane and that the Administration be directed to prepare a document for the owner listing the possible alternative solutions and suggestions and that a copy of the petition be sent to the owner and that the on street parking may be open for ahout a period of two months until some solution to the problem is developed by tfie property owner. Seconded by Councilwoman Kukoa�ski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Mayor Nee asked the apartment manager if Mr. Edstram, the apartment owner is in the City of Fridley often. He questioned 'if he could be asked to stop by and see the City Manager so that m�nunications could be open on possible solutions to the problem. Mayor Nee explained that the Caan�ii wants to accomodate the problem and perhaps there could be some give and take. ' MRS. KATHLEEN MALONE, 6131 BENJAMIN n.� nre�ine,�lnl CTDCCT• EST FOR PLACE OF STOP SIGN Mrs. Malone addressed the Council and indicated thatthe residents in the neighborhood had petitioned the City for placement of a stop sign and a sign had been installed, but not in the location where the property owners had requested. She stressed a real need for the sign in the area where it was requested. Councilman Starwalt asked if the area could be reviewed for the placement of the stop sign on Benjamin Street at Briardale Road and also Benjamin and 61st. He reiterated the remarks that this had been petitioned for and the people were under the impression that it would be placed in the location desired. He indicated he did not feel that the sign that was placed in the area was the real answer to the problem and he would like to point out some reasons for this that had not been noted previously. He explained that there is a bus stop for young people attending school on the corner and there is a great deal of construction work going on in the area. He said the traffic creates a __ _ 1�9 REGULAR COUNCIL MEETING OF APRIL 21, 1975 PAGE 4 a hazard for the children meeting the bus. .Councilman Starwalt said there is a speed or dragging situation occurring and this is enhanced by tfie wideness of the street. He also corrnnented that as long as this area is continuing to develop, he believed that the stop sign is place� in the position requested. MOTION by Councilman Starwalt to instruct ihe Administration to place a stop sign on the north and south sides of Benjamin at Briardale Road. Seconded by Couricilwoman Kukowsk�. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. MR. KENNETN SPO�tRE, 301 IRONTON STREET N. E.,I"�.`1T!i,TI�^! FOR MEMBERS OF TNE COUNCIL Mr. Sporre addressed the Cour.cil ar�linvited all present to tour the City and view the action being taken by the City High School students in cleaning of the parks and North Park. Ne explained the students would be instaliing �emporary bridges in North Park. He again invited the Council to go_out and s?e what the High School students would be doing and indicated that this would be the following day. OLU BUSINESS: ORDIi�ANCE N0. 583 - TO AMEND CHAPTER 506, SECTION 506.05, REMOVAL OF THE CITY CODE . OF THE CITY OF FRIDLEY SNOW REMOVAL - VIOLATION AND TOtdING : Gouncilman Breider said this would be making a few changes in the ordinanee to better allow for the removal of snow on the City Streets. MOTIOt� by Council:man Breider to i�aaive the reading of the ordinance and adopt Ordinance No. 583 on second reading and order publication of the ordinance. Seconded by Council- man Starwalt. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. NEW BUSINESS: DISCUSSION OF APPLICATION OF STORI :WER ESCROW FUNDS IN 7NE BRIARDALE ADDITION The City Attorney said he had met with the Attorney for Mr. Richard Miller that afternoon and the Attorney had requested that the Council continued the consideration until the first meeting in May. Mr. Herrick said the Attorney had said he would ]ike to outline his position on the matter in writinq before that time. MOTION by Councilman Starwalt to tablethe consi:cteration of the escrow accounts in Briardale Addition until the first meeting in May. Seconded by C�uncilman Breider. Upon a voice vote, all votinq aye, Mayor Nee declared the motion carried unanimously. (Note: Further action was taken later in the discussion.) Mr. Dennis Schneider, 6190 Stinson B7vd., addressed the Council and pointed out that there were people from the area present and perhaps they would like to comment on the matter.. A resident of the area asked what the consi.�leration•meant at this time. Mayor Nee explained that the develope�°, Mr. Richard Miller, had escrowed monies for storm sewer improvements and Mr. Miller believes the money should be returned to him and the City feels it should be applied to the storm seH�er assessments. The Gity Attorney said he did not want to speak or� the feelings of Mr. Seiler, Richard Miller's Attorney. He indicated that Mr. Miller had individual contracts with the property owners in the Briardale area and this might have some bearing on the problem. He said this is a decision that either the Council or the Courts would have to make. Cauncilman Starwalt said he was aware of three different contracts that the deveToper has entered into with the property o�yners of the area. He said any deci:sion on this situation might be out af the City's hands. The City Attorneysaid he agreed in that he had heard about three types of individual contracts between Mr. Miller and the home buyers. The City Attorney said he did not wish to speak for Mr. Seiier. ; The City Manager said there would be some concerns for the City Council regardless of the statements of the Attorney for Mr. Miller. He pointed out that if the property � � .� L� � � � ' 110 REGULAR COUNCIL MEETING OF APRIL 21, 1975 PAGE 5 owners were to be assessed, this would involve payment of. penalties and interest at this point. The City Manager said there are a number of alternatives open to t he Council. He explained that the Council cauld decide to use the escrow money for the assessments and go ahead and authorize this. He said the money could be used for the assessments until the court of law determines the case. The City Manager explained that there is interest money being charged during this period when the escrow question is being pondered. The City Manager said the question of who is liable would relate to the payment of the interest and �enalties. The City Manager hoped for a settlement in the matter and indicated that the issue is causing public relations problems for the administration. The City Manager said he did not know what additional material or information could be presented by the Attorney, he has provided considerable material and so had the administration. The City Manager said the administrative recoi�anendation would be to have the Council direct the administration to take the escrow monies and apply them to the assessment. After this time, if the court would determine �.f_ this is� allowe�i or not. , The City Attorney said he did not see any legal problems, but there could be some accounting problems. Ntayor Nee asr.�d if the City had the foundation to apply the escrow money to the assessment account and the City Attorney said yes. Councilr�an Breider referred to the contracts between the home buyers and Mr. Miller � and said the home buyers would be required to repay the escrow money to Mr. Miller if the assessments are taken from the escrow account, or they would be responsible for the assessments themselves. � , . � t � Mayor Nee said there would be a.problem between Mr. Miller and all of the home buyers He questioned if the City had had the monies escrowed in order to pay the storm sewer assessments. The City Manager said thiswas correct. The City Manger said the City had documents to the effect and the storm sewer escrow was required to have the assessments taken care of so that the future home buyer would not be faced wi.th addit- ional assessments in the future. The City Manager said the people concerned had been calling City Hall and if there is nothing that could be done to alleviate the situation at the present time, he recommended that the Council waive any penalty or interest that may be applied to the assessment accounts. Councilman fitzpatrick asked if any of the people in the area had paid their assess- ments. A resideni of Che area said they had not. Councilman Fitzpatrick said he would agree with the recorr�nendation to waive the interest if the amounts had not been paid by anyone. He said he wcul�d suggest this if the City Attorney did not see any legal problem. � � Councilman Breider said thiswould be a problem for the home o��mers if the escrow money was put in the assessment account. He added, t4r. Miller may sue the home owners who ,�•ought houses from him. Ne said the City would be sued or the group of home buyers would be sued. . The City Attorney said if the City applies the money to the assessments, the matter 1 will probably go to a declaratory judgement. The City Attorney said there is a good chance that the City's position would nrevaii. The City Attorney further exp]ained that with the contracts between Miller and the home buyers, he thought Mr. Miller would bring action to collect the money from the home owners. The City Attorney said he ' thought the Council shouid consider this matter from the stand point of the home buyers be a�aare that they may have to pay the assessment amounts to Mr. Miller in cash if the judgement favors the City. He sai� there are a good number of home owners involved and may be possible for them to pay for a number of years as it s:,,ands now, and after the judgement, they would have to pay the entire amount at once in cash. The City Attorney � corrmented that the City is not involved in the individual contracts between these two parties and this would not be brought in to the court case with Mr. Milier and the , City. He did mention as a practical matter, this may be a hardship on the home owners. LJ � A resident of the area asked if what had been paid before they had bought the home could be reimbursed. The City Attorney said he would not want to interpret the contracts between Mr. Miller and the home owners. He said there is $11,000 in storm sewer escrow. The City Manager said there had been two storm sewer assessments in this area. Project No. 106 amounted to about $500 per lot, and, now Project No. 114 would be approximately $2Q0 to $300 now. The Finance Director indicated that some money from the escrow accounts had been applied to Project No. 106 and Mr. Miller said that this should not have been d�ne. He said the same procedure had been followed in the transfer of the and it � lll REGULAR COUNCIL MEETING OF APRIL 21, 1975 PAGE 6 , Project 106 m�ney as had been done previously by the City and what is questioned at the present time. Mayor Nee said if the City has a claim right to the escrow noney this should be transfered at this time. He said if the previous policy is not going to be followed, the City would have to be consistant and forget about the escrow in all cases such. as.in the case of Mr. 0'Bannon and other developers. The City A'ttorney said it might not be in the best interest of tfie property owners to do this. The City Attorney repeated thet the prc�perty owners may be forced to pay Mr.. Miller in case at his option. He suggested soine agreement be established between Mr. Miller and the property owners. Mr. Dennis Schneider, 6190 Stinson Blvd., said he wasd not directly concerned in the matter, but recalled it had been mentianed at the public hearing that the home buyers had signed an agreement where they had waived any right or title to the escrow monies. The City Attorney read this portion of the copy of the agreement to the Council and audience. The City Attorney said he was not aware of the provisions of the agreer�ents until he had received his agenda. He said the escrow monies could be added to the principle price of the home or paid to Mr. Miller in cash. He said this �vould depend on the action of the Councilconcernin� the escrow. The City Attorney said if this was before the previous assessment, this may mean both project as he interpreted the language of .the agreemefits. CouncilmanStarwalt asked if the Council would move to proceed as they have in the past and apply the escrow to the assessment, this might jeopardize the home owners position. The City Attorney said this would have no bearing on the City's positionat all. The City Attorney suggested when the statement is received from Mr. Miller's Attorney by the City, it should be sent to the property owners of the area so they are_ aware of his position. He said theremight be some option that the property owners are not aware of or some ramifications. Councilman Starwalt said he thought the Council shou,ld take action on the matter. He recalled the matter had been brought to the Council's attention in the middle of March and this should have been resolved by now. The City Attorney said he would not object to the Council taking action on the matter. Mayor Nee said this action defends the policy the Council has been using. He �aid if the City backs off, there will be other escrow accounts in jeopardy. Mayor Nee said he believed t!;�t escrow is a good principle if the people involved read the fine print, they�w�ll knoN� that this is taking place. MOTION by Councilman Starwalt to take the matter of the storm sewer e�crow in the Briardale area from table. Seconded by Councilwoman Kukowski. Upon a voice vote, all voting aye, Mayor Nee dec7ared the motion carried unanimously. MOTION by Councilman Starwalt to apply the escrow funds to the assessments for Project No. 114 in the Briardale area as had been done in the past. Secbnded by Councilwoman Kukowski. The City Manager indicated that if the escrow money is applied to the project, this . wouTd document some action. He feared if something is not done the matter could be under discussion for another year. He indicated that the people at the present time� would have a choice of how to handle the payment of the claim, but after this �tion they , may be required to pay the lump sum. � Mayor Nee said he felt the developer was being given the initiative in this matter. Councilwoman Kukowski asked if this matter had ever been a prob;em in the City before. The City Manager said no. Councilwoman Kukowski asked if the City had enough documentation, why would they have to wait for any information from the Attorney? Councilman Breider said he was going to vote against the motion. He explained that he supported the escrow, but was concerned about the people who would have to pay back the escrow.ed amount in full at the present time. The City Attorney said the Council might be confusing the agreemant with the people and the contractor with the concerns of the City. He indicated that if this matter would be involved in court, that it would be possible for him ta indicate to the court that the contracts with the individual property owners are irrelevant to the consideration of the action between the City and Mr. Miller. � � 112 � � � LJ � � � ' � � � '`J ' �� , ' REGULAR COUNCIL MEETING OF APRIL 21, 1975 PAGE 7 The City Attorney mentioned that the City had begun the escrow procedure to ensure that the crospective home buyers would be notified that the future assessments may be pending on the property. He said being that the people were r.otified even if they had signed the waiver, the City purpose had been satisfied. The City Attorney continued stating if theCity's position prevails, and he ment�oned he thought it would, this might have some effect on the home owners, but from the legal standpoint, this is extemporaneous. A resident of the area questioned the validity of the transfer of the obligation. He said if Mr. Pliller is obligated to the City of Fridley, how can he transfer his obligation to the home buyer. He said if this is a valid transfer, the property owner would owe Mr. Miller the money. Mayor Nee questioned if any of the homes were being financed through FHA. A resident said the majority of the homes are conventional mortgages. Mayor Nee exp7ained with FHA financing, the assessments have to be taken care of by the seller. He added, he did not know about conventional financing. A resident of the area mentioned if he is transferring the obligation, this may be legal, but he questioned the moral responsibility. Mayor Nee asked the resident if he wanted the City to lay claim to the escrow money at this time. The residentsaid he thought the City should :claim the money for the assessment accounts. . UPON A ROLL CALL VOTE, Mayor Nee voting aye, Councilwoman Kukowski voting aye, Council- man Breider voting nay, Councilman Starwalt voting aye, and Councilman Fitzpatrick voting aye, Mayor Nee declared the motion carried four to one. RECEIVING THE MINUTES OF THE PLANNING COMMISSION MEETING OF APRIL 9, 1975: MOTION byCoucnilman Breider to receive the minutes of the Planning Commission meeting of April 9, 1975. Seconded by Coucnilwoman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. REGEIVING TNE MINUTES OF TNE SOARD OF APPEALS MEETING OF APRIL ]5. 7975: THE CITY HAS RECEIVED A REQUEST FROM MR. WYMAN SMITH, ATTORNEY FOR MR. RICHARD D. POVLITZKI, OWNER OF THE FRONTIER CLUB LOCATED AT 7365 CENTRAf..AVFNUF N_ F_. F�R T 4lAS Mayor Nee asked if this item should be held until the recommendation of the zoning is received by the Planning Coqmission. The Public works Director said he did not believe the item was contingent upon the recomnendation of the Planning Comnission. He said this eurrent matter is not related to the consideration of the Planning Commission. The Public,Works Director explained that the concern was initiated by a letter from Mr. Wyman Smith to the Zoning Administrator, when he requested an interpretation in the granting of the intoxicating liquor license as a legal non-conforming use. The Public Works Director read from the memorandum from the Zoning Administrator to Mr. Wyman Smith in answer to f4r. Smith's request for a determination dated April 7, 1975. The Public Works Director it had been determined that the license not be issued under the provisions of the existing non-comforming use. He listed the reasons for denial as noted in the memorandum to Mr. Smith. The Public 4lorks Director �+inted out on'page 4-F of the agenda, the Board of Appeals had recommended to the City Council deny the request as per Section 205.182, Subdivision 1, to reverse the interpretation of the Zoning Administrator. He said the recommendation of the Board of Appeals was that the variance not be granted. He also noted on page 4-G of the minutes that the Board of Appeals had requested the City Attorney to prepare an opinion on whether the Board of Appeals had ruled properly. The Public Works Director read the corr�nunication from the City Attorney dated April 17, 1975 in answer to thisrequest. Mr. Mark Haggerty, from the law firm Smith, Juster, Feikema, Haskvitz and Casserly, '' re��reseri*�ngMr. Po'vlitzki addressed the Council and said he had rece.ived the letter from the City Attorney. He requested th� the matter be tabled until.the rezoning request recomnendation from the Planning Commission is obtained. MOTION by Councilwoman Kukowski to table the consideration of the appeal of the Zoning Administrator's interpretation. Seconded by Coum�ilman Starwalt. � 1 `3 REGULAR COUNCIL MEETING Of APRIL 21, 1975 PAGE 8 Mr. Gill Origans addressed the Council and said the Zoning Administrator had indicated there were two distinct problems. He said the considertion by the Board of Appeals reco��nendation was just based on the Zoning Administrator's letter, not the rezoning of the property. Mr. Haggerty said he agreed with the statements made by Mr. Drigans, but he felt it would be best if the two considerations were taken care of at the same time. UPON A VOICE VOTE, all voting aye, Mayor Nee declared the motion carried and the consideration tabled. MOTION by Councilman Starwalt to receive the minutes of the Board of Appeals Meeting of April 15, 1975. Seconded by Councilwoman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. RECEIVING THE MINUTES OF THE BUILDI�JG STANDARDS-DESIGN CONTROL SUBCOMP4ITTEE 61EETIP�G OF APRIL 10, 1975: CONSIDERATION OF A REQUEST FOR BUI�DING ALTERATIO^�S fOR USE AS A AUTO AGENCY: LOCATED nni i nT i Ri nrk 1 PFARC(1N'S Anntri(1N_ THE SAME __ING 7701 EAST RIVER RGaD, FRIDLEY, The Public WorksDirector said this item wo�ld not be considered by the Council until the matter of the'special use permit was resolved by the Planning Commission. CONSIDERATION OF A REQUEST BY ISLANDS OF PEACE TO_CONSTRUCT A BRIDGE FROM HAYES RIVER LOT TO CHASES ISLAND LOCATED AT 5960 EAST RIVER ROAD, fRIDLEY, P1INP�ESOT,4: The Public Works Director explained the proposal �or the construction of a bridge from Hayes River Lot to Chases Island which was to be done according to the rules of the flood plain ordinance. H� exolained that the bridge would have to be constructed so it would not be arfected by flooding. He nated that there will have to be a foundation so the bridge could not float away. The Public Works Director continued to explain that the bridge meets the set back requirements and will be eight feet wide to allow two wheel chairs to pass one another. Ne continued to comment that there will be 12 foot stalls for handicapped parking and 10 foot stalls for regular parking. Mr. Sobiech explained that the Subcommittee nad recommended approval of t,ie renuest with the stipulation that additional landscaping be done on the green area. MOTION by Councilman Fitzpatrick that the request for the construction of a bridge be approved for the Islarids of Peace with the stipulation that additional landscaping be done on the green areas. Seconded by Councilman Breider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. MOTION by Councilman Starwalt to receive the minutes of the Building Standards-Design Control Subcommittee meeting of April 10, 1975. Seconded by Councilwoman Kukowsl;i. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. RECEIVIFIG REPORT REGARDING BUS SHELTERS: Mayor Nee said he had asked the City Manager to have this item be brought to the Council for consideration. He explained that a representative of the MTC had indicated that the City would be able to get more bus shelters than had been allocated for the City if they would agree to construct the slabs that the shelters are constructed on. He menti.oned he had asked the City Manager to prepare some material for the Council to consider. \ The City Manager referred the Council's attention to page 6-A of the agenda which had a map of the City with the four existing shelters in the City. He continued to explain that the three allocated for the current year were marked on the map and the other areas where shelters had been requested through the MTC were also marked. The City Manager explained that the pads or slabs would cost the City $350 each. The cost per shelter for MTC would be approximately $3,000. Mayor Nee suggested that the Council adopt a resolution indicating they would authorize the construction of the pads if MTC would furnish the shelters. Ne suggested that the City request ten shelters at this time, or seven additional shelters for the year. Councilwoman Kukowski asked if the City could afford the $350 per pad. The City Manager said the money would be available through unappropriated funds in the budget. � . . 114 i ' � i � � � r , � i � � REGULAR COUNCIL MEETING OF APRIL 21, 1975 PAGE 9 Mayor Nee ir�dicated he agreed with the placement of the shelters proposed in the tloore Lake area and also the one south on University. Councilman Breider asked if the Council would be sure that the shelter on 73rd would be needed. hlayor Nee said it would seem to him that the apartment areas should be considered. The Public Works Director explained that the proposed sites on the map are those which had been requested by property owners in the areas through the City or MTC. Fle explained that the MTC will conduct traffic studies in ihe area that are proposed. Councilwoman Kukowski mentioned that there had been two shelters proposed for the 73rd area. She questioned if one of those could be deleted from the proposal. The Public Works Director said this would be possible, but those on the map had been proposed by MTC, and they had studi2d these areas. � Councilman Breider said he had never seen people standing at the area on 73rd. He said he had seen the bus standing there, but not people. He said he did not understand the placement of t"� shelter on the east side of Universitv on 73rd Avenue. Mayor Nee said the one by Holiday could draw a load as weli as the one off ot' 61st and University. Mayor Nee said he saw people on this bench waiting for the bus all of the time. Mayor Nee said the placement of the shelter near the Meadow Run apartments will also draw a load. Councilman fitzpatrici< said tf�e two areas he is familiar with had shelters proposed for construction this year. The City Manager said if it was the consensus of the C��_��cil that additional shelters be proposed with the City installing the slabs, hE would bring back a resolution and map which could be amended if the Council desired. P10TION by Councilman Breider to direct the Administration to prepare a resolution and proposal for Council consideration at the first meeting in f�iay, f4ay 5, 1975, which would suggest the installal:ion of ten bus shelters to be constructed the current year. Seconded by Councilwoman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimcusly. ' � CONSIDERATION OF A RESOLUTION RECEIVING THE OVERALL PLAN FOR WATER MANAGEMENT OF RICE CREEK WATERSHED DISTRICT AND REQUESTING ITS IMPLEMENTION: The Public Works Director explained the proposal to be mostly history of the area. He said the first seven chapters of the overall plan deal with the general historical information and conc:itions and the last t,vo deal with recommendations or certain policies to eliminate the problems. He said the final chapter is projects tt�at they propose to institute. He said their proposals refer to channelization improvements in the lower reaches of Rice Creek. He said the overall plan would be available to those v�ishing to review it and he added the plan is basically dealing with areas that the City had been concerned with for a number of years. He recalled the Council's attention that the City•had prepared a report on the matter the previous year because there are some problems with Rice Creek. _ � � The Public Works Director said he thought the funding should be provided through the Rice Creek Watershed District un a district wide basis. He e;:plained that the Rice Creek Watershed District would have the authority to determine the benefited property owners. He explained that the City had prepared a petition for some improvements in the area, but had decided that this may make the City liable for the costs. Mr. � Sobiech said the resolution of this type without the petition would be adequate at this time. . The City Manager said the pian had just been brnught to the Council and if they so desired, � the plan can be considered at the first meeting in May. He said the plan had been brought to �he Council's attention to make them aware of the plan. Mayor Nee asked what rechannelization would be. The °ublic Works Directer said in some , cases this would mean straightening the flow and in others allowing the proper flow without erosion. He said it would be their intent to keep the creek as it is, b�at in some areas, as it exists, there are problems. He also added that this may just mean planting the proper vegetat�on to stop erosion. He said ihis does not mean that � they would create a straight shot of the creek. He said if there would be too much � . REGULAR COUNCIL MEETING OF APRIL 21, 1975 alignment, this would create more s�il�ation problems. PAGE 10 115 Councilman Starwalt said he was goirrq to question if the curves would be straightened out, but this question had been explained. Councilman Breider asked if the Fridley Environmental Quality Commission had seen the f; overall plan. � F Mayor Nee said there were a lot of people that should be concerned. � �. Councilman Starwalt asked if the area in question. was Locke Lake. The Public Works . i Director said this is what is referred to in the far reaches of Rice Creek. , Mayor Nee asked what is meant by holding up the stream. The Public Works Director said this would only be within certain development. He said below the area, there is no way to get in��olved in storage situations downstream. Councilman Starwalt said he thought the matter should go to the Environmental Quality Commission before the Council considers it. Councilman Greider said fie could not believe that the costs of the plan had not been discussed. He questioned if there would be any way to deter��ine what Fridley's portion of this project might be. The Public Works Director said without the research which is to be done, there would be no way of determining this. Councilman Breider asked if the Administration could prepare a ten page summary of what the report contains. The Public 4lorks Director said he thought this was possibie. Councilman Breider said he would�like to know what they are proposing and what the costs will be. He said the people of the area would be be calling him and questioning him on this type of information and he would want to know what to tell them. The City Attorney said this detailed information may be difficult to determine at this time because the pTan is just an overall plan. He said the problems are mentioned, but he douoted if the answers to the channelization or costs could be determined at this time. He said there would have to be a preliminary study before this would be available. The �ity Attorney said no definite plans for the improve��,ii through the City had been set out in the plan. • The Public Works Director said perhaps he should read the section in the plan that directly related to the Fridley area and he read the following: "G. Channel Improvements: � Rice Creek, particulary along its final reach in the fridley area, is in serious need of various chann2l improvements. At several locations,'the stream channel is in a state of disrepair, resulting from the long term effects of flooding, natural weathering, and the pressures of heavy uses. In the vicinity of Locke Lal<e and at other points in the Fridley area, sedimentation is a major problem, associated with a erosion index. It is proposed that the Qoard of Managers assign relatively high priority to a channel improvement project along lower Rice Creek, from below Long Lake to the Mississippi River. The first state of this project would comprise a detailed inventory of the stream channel, including close examination of all hydrolic structures. An analysis would then be made of available hydrolic and geologic information in order to establish specific design requirements for channel improvements, eg, the use of settling basins for the control of sedimentation in the vicinity of Loc�e Lake. A specific action plan, , schedule and budget would then be established for improving the Rice Creek channel in the Fridley area." The Public Works Director said, perhaps this would mean dredging of Locke Lake. The City Attorney said with the Rice Creek Watershed District as large as it is, a small mill levy could raise quite a bit of money. He believed that the improvement of the creek would have some benefit on the entire district. He mentioned that the representatives of the District should be having a meeting soon and the City may be able to find out what their plans are in this area. He questioned if only Fridley and New Brighton would be assessed for the work being done in the lower reaches, he thought the,City should be aware of this. He added, hopefully, the money can be taken out of State funds or a broader area of assessment. The City Attorney said the Rice Creek Watershed District would have the power to say who is benefited and who would be assessed. He mentioned that they would also be able to use the subdistrict approach. He suggested the City try to get them to use the advalorem tax for the entire District. Councilr�an Breider said the policy on what they are going to do had not been established. He agreed with the use of the advalorem money stating they may h�ve a couple of years accumulated before the time of the actual assessments. � ' , � � r � � 1 ' � 116 REGULAR COUNCIL MEETING OF APRIL 21, 1975 PAGE 11 Mr. Kenneth Sporree addressed the Council and said he believed it would be a good idea to give the plan to the Envir•onmental Quality Commission for their review. Mayor Nee said many people live on the body of waier that will have an interest in this plan. He said there should be a hearing on the plan with those affected being involved. The City Manager said by the Council resoluticn proposed, the Council was not saying ii: would be feasible to assess. Mayor Nee said the resolution states that this is an adequate plan. He said he would hate to see a sweer through Rice Creek and without detailed plans, he could not state that the plan was adequate. The City Manager said the document is available and if the Council would like a summary of the plan, this could be furnished. He said Tf the Council has special comments,these could be brought out. He said this is what the Co:;r:cil had been working for. The City manager questioned the direction that should be taken at the present time. He said Some additional information should be provided to the Council and thematter could be brought back on May 5th. He said the proposed resol•':ion would tell the Rice Creek Watershed District to move along to the future steps in the plan. He said the matter could be brouyht with the summary report and the Council could go into depth on it. He thought when the plans get to the project level, the hearings and commissions should be considered, He said the presen't plan is only saying that the sedimentation and pollut?on problems should be taken care of. He thought that the City should inc�icate that this should be done without destroying the natural environment, then the input of the citizens on the creek and the Cor�nissions in theCity and ever°yone else could review the plans when they are presented. The City Manager said the City should know what the plans are before the public hearing. Mayor Nee said he would like to get the people involved in the begining rather than half way through the project. Councilwoman Kukowski asked if the citizen input could be gained through the Environ-• mental Quality Cor�r;iission. The City Manager said he did not feel that there would be any action on the plan until the next year. He said the information would be made available. Counciiman Breider said he wouTd like io have a precedent set and have the material , , forward2d to the Environmental Quality Co�nission. He said he would like the Commission involved right now because this is a concerr that they should work with. He mentioned that there are people on the correnission that have done a great deal of research and are well qualified to speak on tfiis type of matter. Ne said he would not favor the Council telling the Rice Creek Watershed District to go ahead at this time and have � them come back with a plan. He stated he believed the people should be involved at this time, very early in the process. � � � � n �I I L� Mr. Sporre addressed the Council and said it is what happens north of Fridley that would bother him. He said this is the area where the controls should be placed, not corrective measures to correct the northerly failir�s upstream. He thought the summary or ten page report would be worthless to work from on the Commission level. He said he would like to know what is hap�ening in the plan before the Fridley area. He said he would lil:e � to know what measures are being taken from Lino Lakes to alleviate theproblems being picked up downstream in Fridley. • Mayor•Nee said the current plan is a general proposal. Holding basins are mentioned and are to be used before the storm drainage gets to the creek. He said as far as the creek system, this is more of a hydroloyic system, and this should be calculated in the report. , Mr. Sporre said the City should not receive a plan that the Rice Creek Watershed District says, "this is what you are going to do, and this is what you are going to get". Mayor Nee said he thought th,e City should notify the people on the creek before any steps are taken. He said if he resided on the creek and there was something to be done there and he had not heard about it, he would be upset. He said if the City would say that the action is going to be harmless, everyone would not buy this. He questioned if the plan would be harmless. The Public Works Director said it would be beneficial. Mayor Nee said the Council would have to strike some balance. �17 REGULAR COUNCIL MEETING OF APRIL 21, 1975 PAGE 12 MOTION by Councilman Fitzpatrick to direct the Administration to refer the overa1l plan to the Environmental Quality Comnission and that the people living on the creek be notified so they can attend thc meetings of the Commission. Seconded by Coun�il�•;oman Kukowski. Councilman Breider said he felt that the City should notify the Rice Creek Watershed District that the plan is being taken under advisement and closer scrutiny of the of the Environmental Quality Gommission and that the City would get back to them some time in the near future. The City Manager said he would inform the District that the plan is being studied and the City would respond sccn. UPON A VOICE VOTE, all voting aye, Mayor Nee declared the motion carried unanimously. RESOLUTION N0. 60-1975 - SUPPORTING AMENDMEP�TS TO MANDATORY COMPREHEPISIVE PLANNING � rrrc� nTil1��• � Mayor Nee said the action of the Council in this instance may be after the fact. The City Manager explained the Legislative Subcommit±E.. had approved the proposal by a vote of ten to two. The City Manager referred to the proposed resolution and read the following: "1. Mandatory camprehensive planning only as it relates to the metropolitan systems of transportation, sewers, parks and open space." He said these are the only areas where they should have control. Mayor Nee questioned the reasons for the Metro Council becoming involved in parks and open space. The City Manager explained that this would be included in regional park grants for parks such as Lino Lakes and the Chain of Lakes. Mayor Nee asked if the Metro Coucil would have veto power on the plans for the parks in the Fridley area. The City Manager said no, only when there is metro significance. MOTION by Councilman Breider to adopt Resolution No. 60-1975, supportinq amendments to mandatory comprehensive planning legislation. Seconded by Councilwoman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. RESOWTION N0. 61-1975 - ORDERING PRELIMINARY PLRVS, SPEC��iCATIONS AND ESTIMATES OF TNE COSTS THEREOF: STREET IMPROVEMENT FROJECT ST. 1975-1, ADDENDUM #2: The Public Works Director explained that initially this section of improvem�nt was not part of the public hearing, now the people have requested this section of improvement. He mentioned that the applicant had presented a petition to waive the public hearing. MOTION by Councilman Breider to adopt Resolution No. 61-1975, ordering preliminary plans> specifications and estimates of the costs thereof: Street improvement Project St. 1975-1, Addendum #2. Seconded by Councilman Starwalt. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. RESOLUTION N0. 62-1975 - RECEIVING THE PRELIMINARY REPORT AND RECEIVIfJG PETITION TO WAIVE A PUBLIC HEARIPlG ON THE MATTER OF THE CONSTRUCTION OF CERTAIN IMPROVEMENTS: �T.,��T rnnnnrn�cnnrni'r ��nirrT cr �a��_� _ nnnFNnurn #?: PETITION N0. 5-1975 : MOTION by Councilman Starwalt to adopt Resolution No. 62-1975, receiving the preliminary report and receiving Petition No. 5-1975 to waive the public hearing on the matter of the construction of certain improvements, Street Improvement Project St. 1975-1, � Addendum #2. Seconded by Councilman Breider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. R[SOLUTION N0. 63-1975 - ORDERING I"1PROVEMEtdT AND FINAL PLANS APID SPECIFICATIONS AND ESTI�1ATES OF THE COSTS THEREOF: STDEET IMPROVEh1ENT PROJECT ST. 1975-1, ADDENDUM #2: MOTION by Coucnilman Breider to adopt Resolution No. 63-1975, ordering improvement and final plans and specifications and estimates of costs thereof: Street Improvement Project St. 1975-1, Addendum #2. Seconded by Councilwoman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. iOLUTION N0. 64-1975 - ORDERING IMPROVEMENT, APPROVAL OF PLANS AND ORDERING ADVERTI 2 BIDS: STREET IMPROVEMENT PROJECT ST. 1975-1, ADDENDUM #2: MOTION by Councilwoman Kukowski to ad�pt Resolution No. 64-1975, ordering improvement. j,� �zls i ' � � � �� ',�J � , ' REGULAR COUNCIL MEETING OF APRIL 21, 1975 PAGE 13 approval of plans and specifications and estimates of costs thereof; Street Improvement Project St. i975-i, Addendum #2. Seconded by Counciiman Breider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. ION REGARDING VACANCIES ON PLAfJNING COMMISSTON: Councilwoman Kukowski said she could not see how the Planning Commission was operating r�ith only three members. She said it may be June or July before the Council can appoint any new members with the consideration of the revamping of the Subcommittees. She suggested that the Vice-Chairmen of the Subcorr�nittees be temporarily seated as member of the Planning Commission until this time when appointments would be made. Councilman Fitzpatrick said the Subcoir��ittee Vice Chairmen have been doing this. The City Manager explained that this process had been started the previous week and there would be no action necessary by the Council because this'is automaticaliy provided for by the ordinance. � Counci]woman Kukowski said she had heard that this procedure was possible within the City Code �nd she thought there �vas some problem in getting it initiated. Council- woman Kukowski asked what about the Parks and Recreation Vice-Chairman, was he interested in serving on the Planning Corrmission. Councilman Starwalt said he thought Mr. Blair did not want to serve and asked if the same was true for P1r. Peterson. The City Manager said he had no definite information concerning these questions. Counci]man Fitzpatrick said there is sti]7 a problem with the shortages of inemhers on the Subconunittee. Cou�cilman Qreider questioned if�the Chairman of the Environmental Quality Commission could be a temporary voting member of the Planning Commission. He asked if there was any way that this would be possible. The City Attorney said the Planning Commission's decisions could carry some weight in the decisions of the Council and if the City were involved in any 7itigation and someone �Nas voting, and this was not authorized by ordinance, the City would be in a poor position in such litigation. He suggested that the Vice Chairmen of the various Subcomnittees be limited as voting members until the ordinance concerning this is amended. Councilman Breider again questioned if this could be done on a temporary basis until the ordinance is amended.. Mayor Nee said there are five members voting as it is now. Councilwoman Kukowski said the Chairman of thA Environmenta7 ('•uality Commission has more input because he has been seated on the corr�nittee.longer. The City Attorney said this should not be done until this structure is set forth in the ordinance. He said if the ordinance is adopted as proposed, the Chairman of the Environmental Quality Commission would be a voting member. He said an ordinance amending this portion of the ordinance could be brought to the Council at the next meeting with the second reading on the same night as the public hearing on the complete ordinance. Mayor Nee said the Council would be tak'ing some action on the proposed ordinance by the end of May. Councilman Breider asked when the Public Hearing is scheduled and the � City Manager said May 12th. Councilman Breider said he felt the Chairman of the Environmental Quality Commission shoulcl be a voting member as soon as possible. The City Manager said if this is the desire of the Council, the ordinance can be � brought to the Council for first rea�iny at the public hearing meeting and the following week with the second reading. He said if this was delayed any longer, the appointments could be in June. He said with the ordinance being prepared, the appoint- ment could take place in May. � ' ' DISCUSSION REGARDING CONFLICT IN TRASH PICI: UP RE6ULATIO�i�: Mayor Nee stated the confusion concerning the coliection of trash in the City of Fridley noting that the trash men would not pick up the trash if it is not placed on the curb, the City will arrest those who do put it on the curb and the State would prosecute those who burn their trash. Councilman BReider said he thought someone in the Administration had met with the trash collectors and resolved the question the previous year. He asked what had been arrived at at that time. The Public Works Director said he was not aware of thts meeting. The City Manager recalled that there had been a meeting, but did not know the outcome. The,City Manager further explained that he would check into the matter and report back to the Council. � ll9 REGULAR COUNCIL MEETING OF APRIL 21, 1975 PAGE 14 Mayor Nee asked what the Council thought of this idea of having to place the trash. on the curb. Councilman Starwalt said if the collection firm would not pick it up unless it is on the curb, he would suggest finding one that would. Councilman Starwalt said his contract with the collector said the two cans would be picked up and if there is any additional trash, the home o:�ner will make arrangements for this to be picked up. Mr. Ken Sporre said he had a firm that would not pick up anything that was not taken to curbside, just the bags. If the cans have bags of trash on the top of them, the bags would be moved and cans taken without the pick of the bagged material. Councilan Breider said he thought �:he situatior� should be reviewed. He again mentioned he thought the problem had been solved. � . Councilwoman Kukowski mentioned she had r�o problems with collection, her collector takes everthing that is put out. RESOLUTION N0. 65-1975 - IN OPPOSITION TO ADOPTION OF SUEDIVISION D THAT AMENDS MINNESOTA STATUTES 1974 28A.09 AS INDICATED IN HOUSE FILE 1169: ; r The City Manager said the bill had been proposed bec�use some areas had raised ihe fee. He explained the approval of the proposal would take away the City's power to issue : food vending licenses, which they have the power to do at the present time. He pointed ' f out that the City would loose �2,000 in revenue if this change was approved. He said � this would make the service of inspection the responsibility of Anoka County and Her�nepin , t � County and he felt the City would provide better service. � MOTION by Councilman Breider to adopt Resolution No. 65-1975, in opposition to adoption of Subdivision D that amends P�1innesota Statutes 1974 28Fl.09 as indicated in House File 1169: Seconded by Councilwoman Kukowski. Upon a vaice vote, all voting aye, Mayor Nee declared the motion carried unaniinously. RESOLUTION N0. 66-1975 - AUTHORIZI��1G At�1D DIRECTING THE SPLITTINa OF SPECIAL A5SESSMENTS �PARCELS 3050 AND 3180, UNPLA7TED SECTION 11: MOTION by Councilman Breider to adopt Resolution No. 66-1975, authorizing and directing the splitting of special assessments on Parcels 3050 and 3180, Unplatted Section 11. Seconded by Councilwoman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. RES�LUTION NO 67-1975 - AUTHORIZING AND DIRECTING THE SPLITTIP!G OF SPECIAL ,4SSESSPIEN7S ON PART OF LOT 23. PARCEL 2800, AUDITOR'S SUBDIVISION #22, AMD PLATTIP!G INTO HEATHER MOTION by Cou»�ilman Breider to adopt Resolution No. 67-1975, authorizing and directino the spl.it.E�ir� of special assessments on part of Lot 23, Parcel 2800, Auditor's Subdivision No. 22, and platting into Heather Hil1s 2nd Addition. Seconded by Councilwoman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. RESOLUTION N0. 68-1975 AUTHORIZING AND DIRECTINGTHESPLITTING OF SPECIAL ASSESSMEMTS ON PARCEL 2A00, SECTION 11: MOTION by Councilman Breider to adopt Resolution No. 68-1975, authorizing and directing the splitting of special assessments on Parcel 2400, Section 11. Seconded by Councilwoman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. ' CLAIMS: GENERAL 39705 - 39847 LIQUOR 9732 - 9769 MOTION b,y Cduncilman Starwalt to approve the claims. Seconded by Councilman Breider. • Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. LICENSES: CARNIVAL BY APPP,OVED BY FEE Holiday Village Plorth Gold Amusements Public Safety Dir. $225.00 �,-� 250 57th Avenue Dates: May 2- 11, 1975 i � -. _ _ 120 0 � � � , � REGULAR COUNCIL MEETING OF APRIL 21, 1975 PAGE 15 LICENSES CONTINUED: FOOD ESTABLISHMEfVT & 6N SALE BEER APPROVED BY FEE Fridley Firemen's Relief Assoc. sponsoriny: Public Safety Director Non-profit Fridley Invitational Softball Tournament Comnons Park 61st & 7 Street N. E. Dates: 3une 20 - 22, 1975 MOTION by Councilman Breider to approve the licenses. Seconded by Councilman Starwalt. Councilwoman Kukowski questioned if the Fridley Firemen's Relief Association have liquor liability insurance. The City Manager said the Fire Department is a part of the City. Mayor Nee questioned the policy of the serving of beer in City parks. He felt this was against the law and he thought the 1aw should be adjusted rather than allow the �.�s�e when suited. � The City Manaq�r said something could be brought back for Council consideration. Councilwoman Kukowski questioned if this concern is brought up ev2ry year. Councilman Sreider.said this was requested by the Prosecutor. The City Attorney suggested that something be done in the form of a resolution to determir,e City policy. The City Manager said this could be a topic of discussion at a conference meeting. He suggested the Council go over .the pros and cons of the question. He pointed out that the law would have to be ettforced. The City Attorney said the Parks and Recreation commission and the Council would have to agree on some course of action and to this point, he had not seen any consensus. P4ayor Nee questioned how the law would be enforced, if this would be without exception. UPON A VOICE VOTE, all voting aye, Mayor Nee declared the motion carried unanimously. ESTIMATES: • A. J. Chromy Construction Company • 5051 West 215th Street Lakeville, Minnesota 55044 • PARTIAL Estimate No. 10 for Sanitary Sewer, Water & Storm Sewer Improvement Project No. 114 $ 4,568.30 Comstock & Davis, Inc. Consulting Engineers , • 1446 County Road "J" Minneapolis, Minnesota 55432 for the furni�hi�g of resident inspection and Resident supervision for the staking out of the � following: PARTIAL Estimate No. 5 for Sanitary Sewer lmproveroent Project No. 113 from March 3 through March 29, 1975 $ 129.71 PARTIAL Estimate No. 4 for Water, Sanitary Sewer & Storm Sewer Improvement Project No. 116 from t'larch 3 through March 29, 1975 .$ 682.53 Wea�ter,Talle & �ierrick 6279 University Avenue N. E. Fridley, Minnesota 55432 For Services Rendered for March, 1975 $ 2,273.00 MOTION by Courcilman Breider to approve the Estimates. Seconded by Councilwoman Kukowski. Councilman Starwalt asked if there was still�a portion of Project #114 that had not been completed. The Public Works Director said they are still working on Alden 1Jay. UPON A UOICE VOTE, a11. voting aye, Mayor Nee declared the motion carried unanimously, .. '�� REGULAR COUNCIL MEETIN� OF APRIL 21, 1975 PAGE 76 1 'L1 COMMUNICATIONS: If1DEPEi��ENT SCHCOL DISTR?C7 #1?4: blAIVER OF FEES fOR HEARING IhSPECTION PERMITS: The City h1anager explained that the inspection or permii fees had been waived in the past for the School District. MOTION byCouncilman Starwalt to receive the communication from Independent School District #114 and authorize thatthe fees for the permits be waived. Seconded by Councilman 6reider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. OFFICE OF THE SECRETARY OF TRANSPORTATIQt�: NOISE CONTROL AT BURLIf�GTON NORTHERN NORTHTOWN YARD: . Mayor Nee explained the Department of Transportation requested if they could review thenoise con�nol system at the Great M1;orthern Northtown yards. �He mentioned they were quite impressed with this and would like to make a systematic eva�luation. He explained that this revievr would be in the form of running some noise thraugh the system and change the noise and make determinations if the system is effective. He said the communication asked if the city wou7d coo��rate with them. He asl:ed ihe i,�embers of the Council if they thought there would be any problems in the proposed action and noted that the tests would only last a few days, Councilman Fitzpatrick said he felt it would be better if this were done in the winter months when people would not have their windows open. Mayor Nee said this wouid not be blasting, it �aould be running cars through the area. Councilman Breider said he did not think it would be appropriate if the tests wouid be run 24 hours. Counci7woman Kukowski said this would only be done during the day light hours. Councilman Breider said if the tests were limited to the day light hours, this would be fine. Counci7man Starwalt said th2 people of the area should be a':ertr.d to the tests. Mayor Nee said the Department of Transportation would take care of the notifying of the people of the area. MOTION by Counci7man Breider to write to the Secretary of the Department of Transportation indicating that the City�wouid cooperate and that they should advise the City on the effectiveness on completion of the tests. Seconded by Councilwoman Kail:owski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. TRI-CO BUILDERS, INC.: REQUEST FQR REDUCTIQN.OF SPECIAL ASSESSMENTS: AN D RESOLUTION Nd. 69-1975 - DELETING O�JE BUILDING SITE CHARGE ON LOTS 33, 34, 35, AND 36, BtOCK A, RIVER VIEW HEIGHTS ADDITION: ' The finance Director explained that this item had been before the Council at another time when the City Attorney had asked Council authority to settle the matier out af court. The City Manager said this was the property in the action by Yesnes, Inc. and Tri-Co Inc. are the builders. He referred to the previous situation and said there was a conflict concerning bui]ding on 50 foot 7ots as compared to the 100 foot lots and the Council had asked him to resolve the law suit with the understanding that the proposed action would be taken by the Council. MOTION by Cout�cilman Breider to adopt Resolution No. 69-1975, deleting one building site charge on Lots 33, 34, 35 and 3G Block A, River View Heights Addition. Seconded by Councilwoman Kukowsk�. Upon a voice vote, atl voting aye, Mayor Nee dectared the motion carried unanimously. REQtJEST FOR INFORMATION BY COUNCILMAPI STARWALT FOR ALLEVIATION Of PROBLEM QF FIRE CALLS TO NOSPITAL DUE TO SMOKE DETECTOR ALARP•1S: Councilman Starwalt referred to the Fire Call report and said there are calls due to the faulty smoke detector alarm at the hospital. He questioned if there would be some possibility of getting the alarms in order to eliminate this City expense. The.City Manager said the Administration would prepare a report to the.Council on this. � 122 � REGULAR COUNCIL MEETING OF APRIL 21, 1975 PAGE 17 � MOTION by Councilman Starwalt to direct the Administration to prepare a report on the reason for the alarms and submit possible solutions. Seconded byCouncilw�n?an Kukowski. Upon a voice vote, a11 voting aye, Mayor Nee declared the motion carried unanimously. . AOJOURNMENT: MOTION by Councilman Breider to adjourn the meeting. Seconded by Councili�roman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the Regular Meeting of the Fridley City Couricil of April 21, 1975 adjourned at T0:08 P.M. Pat Ranstrom Secretary to the City Council Date Adopted n a William J. Nee Mayor 0 � � 0 F�Iv�tY CITY COUi�CIL — R�GULAR AGEiV17A = APRIL 21, 1975 - 7:30 P, M. 7:35 P.M. PLt�GE OF ALLEG I�1i�CE : Gi ven ROLL CALL:� APPt�i1VNL OF f�l I I�UTES : All present f�EGULAR �'�EET I NG, � IARCH� l7, 1975 Adopted as presenied �ANVASS OF �OTES, C'�ARCH 2g, 1975 Adopted as presented ADQP I I Of� OF A�Ei�J�A : Additions: Receiving Petition from people on Satellite Lane requesting ` . limited parking Discussion concerning vacancies in Planning Commission Discussion concerning trash pick-up •' Resolution in opposition ofi Agriculture Nouse File 1169 �PEi� FORU�1, VISIT(%Scussion on Stop Sign Installation on Benjamin Street 1 � � I� (CQNSIDERATION OF ITEMS NOT ON AGENDA —�.5 ��IINUTES) Received Petition from persons on Satellite Lane requesting additional parking (Petition No. 4-1975) Mr. Joseph B. Wood, Manager of Apartment on Satellite Lane, requested additional parking on Satellite Lane. Ms. Marcis A. Sadowski, 155 Satellite Lane #32, requested additional parking on Satellite Lane Mr. Alvin J. Nladman, 155 Satellite Lane, additional parkin� request � S REGULAR COUNCIL MEETING, APRIL 2l, 1975 VISITORS CONTINUED: Mrs. Kathleen Malone, 6131 Senjamin Street, request for review of Benjamin for placement of additional stop sign. Council action directed administration to place stap sign where requested. 0 PAGE 1-A Mr. Kenneth Sporre, 301 Ironton, request for Council to visit City and idorth Park to review the activities of the Fridley fligh School students for Earth �Jeek. � c REGULAR MEETIfdG, ApRIL 21,..1975 � Pl-1GE 2 O�i7 �US I i�ESS : � CONSIDERATION OF SECOND READING QF AN ORDINANCE TO I�MEND �HAPTER 506, SECTION 506��a, REMOVAL, OF THE CITY CODE OF THE CITY OF FRIDLEY �SNOW REMOVAL. — VI-0LATION AND TOWING) � � � � � � � � � � � � � � � � � , � Ordinance No. 583 adopted. Publication ordered. iVEW BUS I iuESS : l 1�ISCUSSION OF aPPLICATION OF STORM SEWER ESGROW FUNDS IN THE BRIARDALE aDDITION CRICHARD MILLER)� �..�� Z— 2 K Administration directed to forward escrow monies to Assessment Account for Project #114 with penalties and interest waived. � '� ,i� � REGULAR MEETI�dG, APRIL 21, i975 . . PAGE 3 , i�E4� �USIiVESS :(C�iVTIiVUED) 1 RECEIVING THE MINUTES OF THE PLANNING COMMISSION � N�EET ING OF APR I L 9, Ig%5 � � � � � � � � � � � � � � � � � • 3 — 3 CC 1� FRONTIER CLUB CRICHARD POVLITZKE) �OA #75—OZ, � , %SbS CENTRAL AVENUE �i� E� PlANNING COMMISSION RECOMMENDATION: �ONE — ' ITEM CONTINUED� � COUNC I�, ACT I ON REQU I RED : NO�JE , , � � � � � �� ' � � . � ' 2.. �� R, STEPHENS, �R, SP #75—�2, 7701 EasT RIVER RD� PLANfJING COMMISSION RECOMMENDATION: NONE — ITEM CONTINUED. __ _ �QUNCI� Ac�'ION REQUIRED: I�ONE . 3� IVORTH SUBURBAN HOSPITAL DISTRICT, SAV #%S—�l, VACATE PART OF %6TH AVENUE IV� E. PLANNII�LG COMMISSION RECOMMENDATION: ��IONE — ITEM CONTINUED� COUNCIL NCTION REQUIRED: `�ONE Minutes Received. i , � , � � REGULAR MEET I fVG, APR I L 21,. 1975 . . . � PAGE 4: IVEW 13USIiJESS (COi��iTIf�JUE1�) RCCEIVING TNE �Y�INUTES OF THE BQARD OF APPEALS MEETING . oF APR i � 15, 197� , , , , , , , , , , , , , , , , , , , , , , 4 - 4H 1� FRONTIER �LUB �I�ICHARD POVLITZKE) %�CS CENTRAL NVEN UE IV � E � BOARD RECOMMENDATION: CONCUR WITH ZONING ADMINI— STRATOR IN DEfVIAL OF CONTINUATI01� OF iVON-CONFORMING USE� CQUNGIL NCTION REQUIFt�p: CONSIDERATION OF REC�MMENDATION� Tabled until recommendation from Plannina Commission is received. Minutes Received. ' RECEIVING THE ��INUTES OF THE BUILDING STANDARDS — DESIGN �ONTROL SUBCOMMITTEE �'�EETING OF APRIL 1�, 1975, ,�� 5— 5 � � 1� STEPHEN�S �UICK, %�O1 EAST RIVER ROAD � SUBCOMMITT�EE RECOMMENDATION: APPROVAL WITH �STIPULATIONS. COUNCIL ACTIO.f� RE(�UIRED: HOLD APPROVAL OF BUILDING ' � PERMIT UNTiL QUESTI(?N OF SPECIAL USE PERMIT IS ' IS RESOLVED BY PLANNING COMMISSION. ' r � ' - ' � ' No action taken. 2� ISLANDS OF PEACE FOUNDATION, CHASE ISLAND BRIDGE _ �UBCOMMITTEE RECOMMENDATION: APPROVA� WITH STIPU— LATIONS, _ _ . .... �OUNCIL ACTION RE�UIRED; CONSIDERATION OF RECOMMENDA— TION� � Approved with stipulations. Minutes received. REGULAR MEET I idG, APRI L 21, 1975 �� iJEW �US I iuESS (CUidT I NUED) .PAGE 5 RECEIVING t�EPORT REGARDING BUS SHELTERS� ��.� �� C— 6 A Resolution to be prepared for May 5, 1975 Council meeting for request for seven additional shelters to be constructed on City furnished pads. CONSIDERATION OF A RESOLUTION RECEIVING THE OVERALL PLAN FOR V�ATER P'�ANAG�MENT OF RICE CREEK �'ATERSHED DISTRICT AfJD KEQUESTING ITS IMPLEMENTATION� � � � . � • • � � � � � � — � A Council Directed Administration to forward the perlminary plan to � the Environmental Quality Commission for review and also to others concerned so they could attend the proceedi►ic�s of the Subcommittee. City Manager directed to prepare letter to Rice Creek Watershed , � District stating the EQC has taken the matter under advisement and the City will respond s9�,n on the plan. , , � � , �� CONSIDERATION OF A RESOLUTION SUPPORTING AMENDMENTS T0 1'IANllATORY COMPREHENSIVE PLANNING LEGISLATION. ��... Resolution No. 60-1975 adopted. . .• CONSIDERATION OF A RESOLUTION ORDERING PRELIMINARY PLANS, SPECIFICATIONS AND tSTIMATES OF THE COSTS THEREOF: STREET IMPROVEMENT PRO�ECT .ST, 1975-1, ADDENDUM #Z� .��. 9 Resolution No. 61-1975 adopted. �� 1 � ' � � ' � � ' � � ' � ' . I� ' - _. _.. . .. . . .. PAGE 6 REGULAR MEETING, APRIL 21; 1975 iJEW BUSIfdESS _(COiJTINUED) CONSIDERATION OF A RESOLUTION RECEIVING THE PRELIMINARY REPORT AN1� RECEIVING PETITION TO WAIVE A PUBLIC HEARING ON THE �°�ATTER OF THE CONSTRUCTION OF CERTAIN IMPROVEMENTS: STREET IMPROVEMENT PROJECT ST� 1975-1, ADDENDUM #Z. �� G�.�-, �- �' S - / -r/ 7 � Resolution No_ 62�-1975 adopted. �� , 10 — l0A CONSIDERATION OF A RESOLUTION ORDERING IMPROVEMENT AND FINAL PLANS AND SPECIFICATIONS AND ESTIMATES OF COSTS THEREOF: STREET IMPROVEMENT PROJECT ST. 1975-1, At�DENDUM �2 � � � . � � � � � � . � � � � � � � . . . � . . 11 Resolution No. �3-1975 adopted. . CONSIDERATION OF A RESOLUTION ORDERING IMPROVEMENT, �PPROVAL OF PLANS AND ORDERING ADVEFZTISEMENT FOR BIDS: STREET IMPROVEMENT PROJECT ST, 1975-1, aDDENDUM #Z� �� 1Z Resolution No. E�-1975 adopted. DISCUSSION REGARDING VACAPlCIES ON PLANNIMG COMh1ISS10N: Action on temporary placement of Chairman of EOC delayed until after the P1ay l2, 1975 public hearin�. Administration ±o oresent ordinance for adoption on first readinc� at May 12, 1�75 meetin�. REGULAR COUNCIL MEETING, APRIL 21, 1975 PdEW BUSINESS CONTINUED DISCUSSION REGARDING CONFLICT IN TRASH PICK UP REGUL�TIONS: Administration directed to prepare a report on situation and bring back for Council direction. CONSIDERATION OF RESOLUTION IN OPPOSITION TO AD�PTION OF SUBDIVISION D THAT AMENDS MINNESOT� STATUTES 1974 28A.09 AS INDICATED IN HOUSE FILE 1169: Resolution No. 65-1975 adopted. � PAGE 6-A CONSIDERATION OF A RESOLUTION AUTHORIZING AND DIRECTING THE SPLITTING OF �PECIAL ASSESSMENTS ON PARCELS 30�� AND 31�0, �NPLATTED SECTION 11� � � � . � � � � � � � � � , 13 - 13 A Resolution No. 66-1975 adopted, 0 REGULAR MEETING, APRIL 21, 1975 � � �� PAGE 7 f'�EW BUSINESS (COiJTINUEi�) CONSIDERATION OF A RESOLUTION AlJTNORIZING AND DIRECTING THE SPLITTING OF SPECIAL ASSESSMENTS ON PART OF LOT Z3, PARCEL Z2�OO, AUDITOR�S SUB. #ZZ AND PLATTING INTO �EATHER {1I LLS �ND � � � � . � . � � , � � � � � .� � � ., � • 14 Resolution No. 67-1975 adopted CONSIDERATION OF A RESOLUTION AUTHORIZING AND DIRECTING THE SPLITTING OF SPECIAL ASSESSMENTS ON PARCEL Z4OO, SECTION 11� � � �, . � � . � � � � . � � � � . 15 Resolution No. 68-1975 ado�►ted. . �LAIMS � . � . � � . . � . � � � � . � � � � � � � � � � � 16 Approved � LICENSES. . � � � � � � � ,...; ,...� � � � � � � � � � � � � 1� Approved. The use of beer in City parks to be discussed at Conference Meeting, April 28. 1975. -r, � REGULAR f�EETIf�G, APRIL 21, i975 . . ... .. PAGE 8 fJEW �USIiVESS (COf�TINUED) EST I MATES � . � � � � � � . � � � � � � . � . � � . . � � � Ig - 18 A ' Approved. ' , ' � ' , , � � , ' - r � I ' COMr�Ui� ICATIOi'�S : INDEPENDENT SCHOOL DISTRICT #1�: WAIVER OF FEES FOR �EATING INSf'ECTION PERMITS� � � � � � � � � � � � � � � � � 19 Council action was to waive the fees. OFFICE OF SECRETARY OF TRANSPORTATION: NOISE CONTROL AT 1�URLI NGTON I�ORTHERN' IVORTHTOWN YARD � � . � � � � . � . . Administration directed to write letter indicatina the City will cooperate with the Office of the SecretarV of Transportation in conducting the tests. _ T(ti-�0� I�UILDERS, INC�: RE�IUEST FOR �EllUCTION OF SPECI AL �SSESSMENTS � � � . � � � � � � . � . . � . � � . � Resolution �10. 69-1975 adopted. (DELETING ONE BUILDING SITE CHARGE ON LOTS 33, 34, 35, AND 36, LBOCK A, RIVER VIEId HEIGHTS ADDITION. ' REQUEST FOR INFORMATION BY COU�lCILMAN STARt-!.ALT FOR ALLEVIA.TION OF PROBLEMS OF FIRE CALLS TO HOSPITAL DUE TO SMOKE DETECTOR ALARMS: Administration directed to prepare report on reason for alarms and possibile methods of control 20-20A 21-21A , FRIDLEY CITY COUNCIL MEETZNG . . / � PLEASE SIGN NAME ADDRESS AND ITEM NUMQER INTERESTED IN DATE: ��>> � � ,��. ; . � � � ,, , � f , fa+ � �� >i �� _ .`.ly � _ r� �i..� J, ,.� I�►�I.� Il�� _i1� :/►► . ��/__,� �� " �- � , - � i..1/. � i i/- . �� "`� " � • �� /%� %��// .� �i��/� � � �� '/IT��oN �� /�� 1��, �� .� `= �� /l'- � �. � � FRIiUi:tY CITY COUivCIL — RtGULNR ACEiV��i - APRIL 21, 19�5 - 7:30 P. M. PLEi�GE OF �LLEGIAidCE: ROLL CALL: APP�uVf�L OF f�1I I�UTES : REGULAR �`�EETING, i�laRCH 17, 1975 �ANVASS OF �OTES, P�IARCH ZS, 1975 A��P�FIO�� OF AGEf�i�A: �Pti� FORUI��, VISITORS: (CONSIIIERATiON OF ,ITEMS NOT ON AGENDA - i� �'�INUTES) _.� . .,�., �,._ .. ._ �,_..� _ _. . _,_ -.. -. _ , �. _ �,L. , _ _ � - _� , . � _ __ �__ _ �_. _.____ �. � �_. ___. _-1 _ . _. _y ._,� - ... ,.�.. --..., .. �-.:_ ,,,, --.��.'" { ..-._._. � . .�-.J ' r��- �. .:,.. _ � ` . r - - - .. .., . - . -.,.. _ _�, ✓�� , . . � � _ ., i _ � � % � _. �/� ✓ _ REGULAR �IEETING; pPRiL 21,. 1975 OLiI �US i i�ESS : CONSIDERATION OF SECOND READING OF AN ORDINANCE T0 aMEND CHAPTER 506, SECTION 506.05, REMOVAL, OF THE CITY CODE OF THE CITY OF FRIDLEY iSNOW REMOVAL - VIOLATION AND TOWING), � � � � � -� � � � � � � � � � � �. � i�EW �US I ►�E5S : PI1GE Z � �ISCUSSION OF aPPLICATION OF STORM SEWER ESCROW FUNDS IN THE BRIARDALE aDDITION CRICHARD MILLER)� ...�. Z- Z K _. ...., � _ _ . � �. �. �- --�-. , __ _�-t , ___ __ _ , __ � _.._._ _ . � _ _ �___. _ _. .. _____._ . I __ _,�. ��. � , _ � _..,_., :.. , ., _ , ,_.. , ,.. �, ._ , __ __ � . I __ � . -, . _ , � f . ,r ; _ , ; - � _._ r _ �,. . � . � � �� REGULAR MEETIidG, APRIL 21, 1975 PAGE 3 i�EW �USIiVESS (CGiVTI�VUED) _ RE�EIVING THE !'�IINUTES OF THE PLANNTNG COMMISSION � ��EETING OF APRIL �, �.9��, , , . . . � � . � , � . . . � 1� FRONTIER CLU3 CRICHARD Pov�i-rz�E) ��A #75-�2, � %5�.� CENTRAL AVENt1E �1, E. � LLAN�IIMG COMMISSION RECOMMENDATION: NONE - � _ _ _ ITEM CONTINUED. COUNCIL ACTION REQUIRED: NONE � 2.. w� R. STEPHENS, �R� SP f�%S-�2, 7701 Eas-r �IVER RD� _ _ _ _ PLANNING GOMMISSION RE��Q�M�DA�ION: IVONE - ITEM CONTINUED. ... . _.. _ .. _ . _. CO NCIL, CTION REQUIRED: ��ONE j.. IVORTH SUBURBAN HOSPITAL DISTRICT, SAV #75-�i, VACATE PART OF ��TH AvEntu� �1, E. PLAf��yIf�lG COMMISSION RECQMMENDATION: IVONE - ITEM CONTINUED. Courvc r � kGTION R�aus RED :�Votv� 3-3cc � \..�.:._�. `�T...v \.� �.. \ti.:�'1 \..-,..�.... �1 .....Y - ��. �. -�'�. v L i �. � . � ... � �. . � _ . � �.�.�. ."�... , .. -.` \._ . � �.. �. �. ._ .: . . . . '�. . ... - �. . . `- .. - . . . . . . t > .....� r-+� _ .._...J. � . _...r ..�wl` : _..... � .. .._. . ../... f `i �/_. �/' ,�. ..... � /+-� ... .... . . ... � ... . .. ../' . ✓ ... , . ��-. �' ` P� /- f .__...� _-...,..J' ! . �� ✓ . ./`� � � I�E�ULAR � IEET I fdG, APR I L 21,� 1975 _ _. _ PAGE 4.. I�IE��! �i1SIi�ESS CCOi��TIf'�UED) R�CEIVING 7HE ��INUTES 0� THE BOARD OF APPEALS MEETING OF APRIL 15,. �9��. , � , . , . , , , , . , , . � . . . , . , 4 — 4H 1� FRONTIER CLUB {�ICHARD POVLITZKE) %3�5 CENTRAL HVENUE �i. E. i�OARD RECOMMENDATION: CONCUR WITH ZONING ADMINI- STRATOR IN DENIAL OF CONTINUATION OF NON-CONFORMING USE. COUNGI.�,,,.NCTION REQUIRET,�: CONSIDERATION OF RECOMMENDATION. RECEIVING T11E �IINUTES OF THE BUILDING STANDARDS - DESIGN �ONTROL SUBCOMMITTEE MEETING 0� Af'RIL lO, 1975� �.��.. 5- 5 � 1. STEPHEN�S BUICK, %�DI EAST RIVER RaAD SUB�OMMITTEE REC�MMFNDATION: APPROVAL WITN STIPU�ATIONS. � , _ .. .. COUNCIL ACTION REQUIRED:. NOLD APPROVAL OF BUILDING PERMIT UNTIL QUESTION OF SPECIAL USE PERMIT IS IS RESOLVED BY PLANNING COMMISSION. Z�. ISLANDS OF PEACE FOUNDATION, CHASE ISLAND BRIDGE _ . SUBGOMMITT�F R��OMMENDATION: APPROVAL WITH STIPU- LATIONS. .. .. .. . . .. .... . . .�O.�yCIJ �('TjON Q IjR�Ft : �ONSIDERATION OF RECOMMENDA- TION� � . _ .___ _ , . „ _ _ -_. _ _ _ � , . _ ` ._ � _ __ _ _ .__ � _ _ _ _ � � ___ _ `. � .,, � . . ,. -�- - _ _ t_ . . - _ . _ � _ _...�- �... �- ,.... ..� .. �._.__ _ � �...... � �._. ,�_. ��.. �,.��r��- _ _._._." . l�' _ ,. _� _. , , � _ _ l. / � ✓' � �..� � _ .._� . _ `.. . __._.. /` .� REGULAR MEETIIVG� aPRIL 21.: 1975 PRGE 5 �dEW �USIf�ESS (COfdTIPJUED) RECEIVING I�EPORT REGARDING BUS SHELTERS. ..�.� �.�.� 6- 6 A CONSIDERATION OF A RESOLUTION �ECEIVING THE OVERALL PLAN FOR WATER f"�ANAGEMENT OF RICE CREEK ��ATERSHED DISTRICT AND KEQUESTING ITS IMPLEMENTATION. . � � . � � . . . . . . % - % A CONSIDERATION OF A RESOLUTION SUPPORTING AMENDMENTS TO P`fANllATORY COMPREHENSIVE PLANNING LEGISLATION. �.�.� 0 CONSIDERATION OF A RESOLUTION ORDERING PRELIMINARY PLANS, SPECIFICATIONS AND tSTIMATES OF THE COSTS THEREQF: STREET IMPROVEMENT PRO�EC-r ST�, 1975-1, ADDENDUM �2. ..�. 9 .. _ _� . _ _ .. � � .,, . , ._ _ _ _ , � _ _.. _ � _ . � . _ _ � _._ ._._ __ �..__ �� _-, -� _. __.__ _ _ �_ . . � ___ _ _ � � - .._ � .,- �. y__� _ . .. � _, �_ �_ , � _. _�_ � , �: �- _ _ _ . - - r 1_ �,_f � ,�__ ..� _� ; ._i' _.:_ � _�` .�- REGULAR MEET I P�G, APRI L 21, 1975 is�� USIiyESS tC0[dlINUED) _ _ PAGE 6 CONSIDERATION OF A RESOLUTION RECEIVING THE PRELIMINARY REPORT AN� RECEIVING PETITION TO WAIVE A PUBLIC HEARING ON THE �`�ATTER OF THE CONSTRUCTION OF CERTAIN IMPROVEMENTS: STREET �MPROVEMENT PROJECT ST� 1975-1, ADDENDUM #2� ..�. lO - IO A CONSIDERATION OF A RESOLUTION ORDERING IMPROVEMENT AND FINAL PLANS AND SPECIFICATIONS AND ESTIMATES OF COSTS THEREOF: STREET IMPROVEMENT PROJECT ST. 1975-1, �IDDENDUM �2.: � . . . � . . . � . � . � . . . . � . . . . . 11 � CONSIDERATION OF A RESOLUTION ORDERING IMPROVEMENT, �IPPROVAL OF PLANS AND ORDERING ADVERTISEMENT FOR BIDS: , STREET IMPROVEMENT PROJECT ST. 1975-1, f�DDENDUM #Z� �� IZ � � � CONSIDERATION OF A RESOLUTION AUTHORIZING AND DIRECTING THE SPLITTING OF SPECIAL ASSESSMENTS ON PARCELS 30�� aND 31�0, �NPLATTED SECTION 11� � . � � . . . . . . . . ... 13 - 13 A ,�,. _ �._ v,. _ .�., �___�ti_,�` .�_ __ ��.,_,�__ �_ _ _, _ . _.__._. .__ _._ ��_ ___ �___ _.._`_ . _ ` _� -,.�_o... �, .. _.: ,�..- , .. � f .�. .__ _..- _..r... � f; . f � _. � .... ..� . ..._ .c.._. . _., . �. �, ii' . _ f � . r �. / - ---i ; , �. ,,, _..� � _ i REGULAR MEETING, APRIL 21,: 1975 . . PAGE�7 ivE�d BUSIfVESS (GOi�TIfVU��) Ct3NSIDERATION OF A RESOLUTION AUTNORIZING AND DIRECTING . - , . THE SPLITT.ING.OF SPECIAL ASSESSMENTS ON PART OF- LOT.23, PARCEL 225OQ, AUD I TOR � S SUB.. #22 AND PLATT I NG I.NTO HEATHER H I LLS. ZN1� � . � . � � . � � . � . . . . � . � . . � 14 CONSIDERATION OF A RESOLUTION AUTHORIZING AND DIRECTING THE SPLITTING OF SPECIAL ASSESSMENTS ON . PARCEL Z4OO, $ECTION 11. � . . . . � . . . . . . . � . . . 15 �LAIMS. � � . � � . . . . . � � . . . � . . . . � � � . . 16 � _. .. -- . .. - � -- -� LICENSES � . � � � � � . . � . � . . . � . � . . . . . . . 1� �., - _.� � ._ �. ,_. �.. ._,, _ _-_. ,.,_._� .,�-, - � .,,_ 1 �- � _ �. L.�.-.._ ..,-., _ __.. _ : �.: __._.__ _ L_ � v. ._ _ _ .. -� „ _ . _. . _ _ _ � /'. _. ,..� r i - . ...._. � .� ... �.. ...-r.i � � �.. . ., .. . ., i� l `R-. /": - . , ... _.. / � �:.✓' ._.. ��.,� �. ... �i. .i'. „ �.. ....r� ..J � J -.... � r �...+.:: J I��.. _.-. . .�...� / ' . , REGULaR fy1EETI�JG, APRIL 21� 1975 . _ PAGE �8 � (�d�W �t1S IiVESS CCOIVT I NUED ) 1 EST I MATES � � � . . , , , , .' , 1 , , _, , , , .. . � . . . � Ig - Ig A 1 � COMf�4Ui� I CAT I OiVS : , INDEPENDENT SCHOOL DISTRICT #14: WAIVER OF FEES FOR i�EATING TNSPECTION PERMITS. � . . . . � . . . � , . � . � . 19 � � , � � OFFICE 0� SECRETARY OF. TRANSPORTATI�N: NOISE CONTROL AT 1�URLINGTON IVORTHERN IVOR7HTOWN YARD. . . . . . . . � . . ZO - ZQ A � � . ! '! �R I-CO ��U I LDERS, I i�C �: RE(�tfE.ST FOR �EbUCT I ON 0� SPECIAL HSSESSMENTS� � � � � � � � � � � � . � . � . . .� . ZI - 21 A � � � , ; �' iV : � , _ . . .... ,, ., __ ., ,.--�. , �_ , _ _ . _ , � ._ _ _ � �� ..__ �_..___ . �., _._._. , _ . , _ ._.._ . _ I �-,....� .. � . ._ �� , . ' � ... .. . . ._ _.. ..,.� - ......- .../ .� . ....�. �..��...., t . __�.. __..../t_" - .��.- ......t_._ . ,_ - .� � . � . ..,... i..,.. i � ... , .. �.. ..� .�;..... � , ._..... . _.. /� _ / �;�i' r/'.. / i �........ � ' !. ` ,�-� . � � r ' . _ .. _ _ 32 � THE MINUTES OF THE REGULAR NiEETING OF TFIE FRIDLEY CITY COUPlCIL OF MARCH 17, 1975 The Regular Meeting of the Fridley City Council of P1arch 17, 1975 was cailed to order at 7:30 P.M. by Mayor Nee. PLEDGE OF ALLEGIANCE: Mayor Nee welcomed those present at the meeting and invited everyone to join the Council in saying the Pledge of Allegiance to the Flag. ROLL CALL: MEMBERS PRESEDIT: Councilwoman Kukowski, Councilman Breider, Councilman Starwalt, Gouncilman Fitzpatrick> and Mayor Nee. MEMaERS ABSENT: None. PRESENTATIOh1 OF ,4WARDS: PRESENTATION OF PLAQUE: FRIDL[Y STATE WRESTLING CHAMPIONS: P�ayor Nee asked if there was anyone present concerning the presentation. It was indicated that there would be representation from t'�e wrestling team. (Note: This pr�esentation vras given during the visitors section.) PRESEPITATION OF CERTIFICaTES OF AP�REC:ATION: MS. PARNIAN TAID?, A�1ERICAP! FIELD STUDENT: MR. HEPJRIK FOLIPd, P,OTARY INTERPlATIONAL STUDENT: Mayor Nee called D1s. Taidi and Mr. Folin forward to receive their certificates. Mayor Nee said the City Council wanted to recoqniz� and welcome thc students to the City of Fridley. He said the certificates are lenqthy and he was not ooing to read them at the present time. Mayor Nee said he was happy the students had come to the City of Fridley and he welcomed them to the Council meetiny. Mayor Nee presented the certificates to the students and the students thanked the Council. . APPROVAL OF MINUTES: PUBLIC NEP,RING h1EETIIVG OF FEBRUP,P,Y 10, 197�: h�OTIO�d by Councilman Starwalt to adopt the minutes of the Public Hearing Meeting of the Fridle�� Cic�;� Council of February 10, 1975 as presented. Seconded by Council�,ieman Kukowsi:;. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unani�.�iously. ADOPTION OF AGENDA: Mayor Nee indicated that the administration had presented him �rith a proposed resolution to be considered with *,he item listed on the agenda concerning the support of a House File regarding the Islands of Peace. He also mentioned that the Human Relations Committee Chairman, Mr. Harold Belgum, wished to present a propos^d resolution to the Council for corisideration. Councilman areider said he had received several letters from residents concerned with Project ST. 1974-2 and would like to receive these communications along with the consideration of this project. MOTION by Councilr�an Starwalt to adopt the agenda as amended with the addition of the items previously discussed. Seconded by Councilwoman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. OPEN fORUM: VISITORS: Mr. Walt Wenholz, Coach of the Fridley Wrestling Team addressed the Council and indicated he was representing the tean�. He explained that the team was not present because there was an orientation for new wrestling team members and the team was currently demonstrating for this new group. He said the other CoacFi, Mr. Joe Frank, was also involved in this demonstration. r � s; � G' � � � € � � � � K- � � � � { � � � ' REGUL�IR COUNCIL MEETING OF MARCH 17, 1975 RAGE 2 .33 Mayor Nee read the inscription on the Plaque and thanked Mr. Wenholz for providing this service to the community ard also for the publicity th° City had received through their accomplishments. Mr. Wenholz expressed his thanks to the community for their fine support of the Fridley High School 'n'restling Team. PUBLIC FIEARIfdGS: CONTINUED PUBLIC HEARING ON FI1�AL ASSESSMENT ROLL fOR STREET IMPROVE�dEP,T PROJECT ST. 1974-2 COWTI;JUED FROP4 3/10/75 : The City Manager said there are three alternative rolls for this assessment. One had been presented at ti�e meeting the previous week. Mr. Mervin Herrmann, Assessor, brierly explained the three proposals to the Council and audience. The first or original roll w�uld have the side footage on th� v.est side of 7th Street spread to Universiiy Avenue on h1ississippi Street and south side of 66th Ave�iue and one-half oray down tf�e bloc!� or the north side of 67th Avenu2. The second proposal, Alternate Roll No. 1, would assess the side footage orithe west side of 7th Street spread to University Avenue on Mississippi Streer, both sides of 66th Averue and south side of 67th Avenue. The �hirc'. Alternat2 Roll P,o. 2, would assess the side footage on the west side of 7th Street spread one-half ti�ay do�•an che block on Mississippi Street, both sidss of G6th Avenue and south side of 67th Avenue. Mayor Nee asked which alterr�ative followed the past policy of the City ar,d the Finance Director said this was �he fi;st one mentioned, the Original Roll. Councilman 6reider said the normal City policy is to assess only one half way up to University. The Finance Director said the alternate rolls had been requested because in this area, there were a couple of streets that may never have a side yard assessment. He said this is ��here the change in policy had been proposed. He mentioned that in another area where a similar situation did arise, there had been a change in this policy from three to four yeai°s ago: Councilman Creider asked if there was any future assessm�:nt possible for these properties on the westerly one half of 66th and 67th toward University. He asked if they could be assessed for improvement of the University Avenue intersection. The Finance Director said not that he was aware of. He said they could be assessed some time in the future for frent assessments and curving, but not for sid2 sci°eet assessments. Councilman Rreider asked if there vaas to be any improvemen� by the Red Owl complex, e�ither frort or siele. The Finance Director said he could not determine if there would be any development or changes within this area. Councilman areider said he had received several letters from the property owrers in the area and it would be in order to receive them at this time. MOTION by Councilmun �reider to receive the commu�:ications from h9r. George Meissner, 373 Mississippi Street, dated March 4, 1975, P1r. Roger G. feitao, 509 P4ississippi Street, dated hiarch 11, 1975, Mr. Lyl and ��1rs. P1arion Klous, 370 66th Avenue N. f. dated March 12, 1975, and Mr. Larry E. Jodsaas, 347 Rice Creek Terrace, all in opposition to a change in policy on the assessment for ST. 197a-2. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee decTared the motion carried unanimously. Councilman Breider summarized the reason that the alternate roll had been requested. He indicated that he had favored the adoption of the roll that would follow the policy which would assess the side yard rate only one half the r�ay up the street until he had been made avrare that there is a possibility of some assessment to the remain�ler of the people in the future. He recalled the poir�t made by P1r. Meissner that at th� preliminary liearing, it had been indicated that this would only be assessed one half way up the block. Councilman Breider said his recominendation to the Cnuncil would be to only go one- half way down the block to University on 66th and 67th. He said tnis a�ould be Alter•nate Roll No. 2. Councilman Breider listed the costs in this proposed roll as $28.12 for the front foot assessment for commercial property, $12.91 for the front foot assessment for residential property; $4.71 per foot for the side street assessment for commercial, , and $2.17 per foat for the residential side street assessment. Mr. George Meissner, 373 Mississinpi Street, addressed the Council and said he had � written a letter to the Council that had been received earlier in the meeting. Mr. Meissner said he had talked to a number of popele in the area and this would primarily B �4 REGULAR COUNCIL MEETING OF MARCH 17. 1975 PAGE ^ be about one half of the people. He said he thought he could speak for soine of them in relating that they had been told at the prelimiriary hearing that the assessment would only go one-half the way down the block. Ne said this is what fjr. Brunsell had indicated at the time of tf;e hearing. He called the Couricil's attention to the language on the public hearing notice and indicated that the area would be assessed according to the benefits received. He said if the �ssessment is thought of in this light, it would provide a different viewpoint. Mr. P'ieissner indicated that all of the people t��ho live in the area would receive the same benefit from this improvment because this is their only access to the area. Ne indicated if this would be foilowed, the benefit would be received by the people all the way to Rice Creek. He indicated he believed the policy of the City to be to only assess the abutting properties. He said this may cause the assessment to become lower for the individuals in the area, but he thought that the Council should carefully consider this change in policy. He suggested that this is an unusual situation and that perhaps the Council could consider spreading the assessment against the tax rolls for the entire City. He said this may be a few dollars a year for everyone, but he felt this would be more equitable. Mr. Meissner said he is still opposed to any assessment in this area. Mr. P.oger Harmon, 388 66th Avenue, questioned the status of the road between 66th Avenue � and 67th Avenue. Mayor Nee explained that this is a City road that had been improved , by the State.Hiyl�way Department. The City Manager said it is a City Street which is maintained by the City and this will continue to be the City's responsibility. Mr. Jack Grimes, 378 66th Avenue, addressed the Council and expressed the view that , if the side road west of 66th and 67th vrould be assessed this would not be too costly. He asked if it would be possible to assess the property to the west side of 66th and west side of 67th Avenue. He said he �s paying for the whole assessment no ' matter how the roll is figured and thought this may be the vaay to do this. He said 1 this would spread the aasessment over a greater number of people. He said this wou)d be less of a burden on those that have to pay. He sai� he would favor the assessment all the way down to Mississippi and 66th and 67th. ' i � , , ,- � � Mr. Nick Garaffa, 6750 Monroe, said he thought the Council should reserve their comments to what is being done at the present time, not think of all tne situations that may come up in the future concerning this area. Mr. Ells��orth Ninz, 384 66th Avenue, said he would favor everyone on the street being assessed. He indicated that 7th Street is the only access to the area and ii. would only be fair that the assessinent would be equal. Mr. Lowell McGregor, 355 66th Avenue, questioned if the corner is improved, how would the people of the area be assessed. He said that there is a great deal of traffic in the area. He commented that he would be willing to pay for 7th Street. Mayor Nee thought that if this type of assessment were spread, it would be very difficult for future Councils. Mrs.�L. 4J. Qenner, 357 66th Avenue, indicated if the assessment is to be spread all the way to University, she would like to see the Red Owl entrarce closed. She indicated there is a great deal of traffic created by the access to the Red Owl parking lot on 67th. She explained that there is dirt and dust created and she would like the exit closed. Mrs. Benner said she would be willing to pay her share of the assessments. Mr. John Larson, 367 67th Avenue, questioned the policy of the spread of the assessments in this area and asked if this would be one half the way up the block. Mayor Nee said better language to express the policy would be to say half way to the next assessable property. Mr. Larson said if the assessment would go all the way up the street, the area property owners would all be paying and Red Owl would pay nothing. Mr. Larson said the road is not kept up by the Red Owl store. • The City Attorney said he had one word of caution for the Council and indicated it would be very difficult to show the benefit foi° any assessments back to Mississippi from improvement of the intersection of Mississippi and Highway #47. MOTION by Councilman areider to close the Public Hearing. Seconded by Councilwoman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the Public Hearing closed at 8:19 P.M• 1 OLD BUSINESS: ORDINANCE N0. 579 - AN ORDINANCE AMENDING CHAPTER 603 � 2/3/75 AND 3/3/75): - IPITOXICATING LIQUORS (TABLED Councilman 6reider said he hated to bring up a new concern about the proposed ordinance, but it seemed everytime it had been considered, there had been additional questions. 35 R€GULAR COUNCTL MEETING OF MARCH 17, 1975 . PAGE 4 Councilman Breider said his concern was that there are no possible provisions for the suspension of a license. He said it had occurred to him that the only provision for suspension is that a license holder is to be of good moral character and repute. He said an additional provision may be that the license holder must meet tne 40/60 split. He suggested that some other language be implicit in the ordinance for grounds for suspension. - The City Atto�°ney pointed out on Page 6-B of the Council agenda.that ±he language had been "and repute. If the applicant has been an otivner, manager or employee of a saloon, hotel, restaurant, cafe, tavern or other business of a similar nature, the City Council may consider the applicant's past performance record in determining whether a 1icense shall be granted or renewed." He said this had been changed to relate to the renewal or granting of licenses. Councilman Breider said it concerned him that he was not aviare of what kind of performance record that the ordinance would be directed to. He asked if this would mean a gambling violation, servin9 liquor to miners, serving liquor after hours, or is there a particular item that could be considered grounds for suspension. The City Attorney said this provision would relate to the vrillful viololation of an ordinance concerning the sale of intoxicating liquor. He said the problem in this provision would be to prove that tf�e act of violaiion was ��illful. He suggested that the Council not act on the amendments too soon. f;e said i� the Council desired, the Administration could research this point and come back to the Council with a recommend- ation that cou1d be reviewed at ano�her time. Councilwoman Kukowski ask�d if this type of language could be incorporated in the ordinance and indicate the reasons that the Council would take a license away. The City Attorney said if there is a viola.tion of the State Statutes, the City would have to revoke the license. He said it would be possible to have the same languaGe in the ordinance, butthis would not help the City's position. He said if the Council want to incorporate some languaoe in the ordinance to this effect to upgrade the provisions of the State Statutes, this is possible and would strengthen the City's position. He said the City Naould be allowed to determine this type of criteria. • The City Attorney indicated if there is a police problem or the establishment would be a threat or enfringement on the P�ealth and safety of th� citizens, these could be grounds for the City to revoke the license and could be added to the ordinance. Mayor Nee asked if the license could be revoked if the establishment was not meeting the parking requirements of the City. The City Attorney asked ifth� question referred to the people �vho were in business in the City prior to the adoption of the ordinance. Mayor Nee said he was not directing the question entirely at tiie parking provisions, he would like to know if the establishment would violate any portion of the City Code. The City Attorney indicated he would hesitate to say that a license could be revoked because someone failed to meet the p�ri�n� requirenents. He said if this would me�n the existing businesses, the ordinance would have been adopted after they began opzrations. Mayor Nee asked if the sprinkling system could be used as a means of suspension if this is not complied with. The City Attorney answered that he could not say if this would be absolute. He continued to comment that if the Council allowed a certain reasonable amount of time for this install�tion, the Court after such a suspension may sustain this if challenged. � Mayor Nee said if the ordinance would indicate that the establishment would have to put in sprinkling systems and provide one parking space for every three in seating capacity and the license holder says he will not do it, now the Cit,y does nothing about it. He said this would not be grounds for revoking the license, it would be a misdemenor charge. The City Attorney said if the sprinkler provision was within the ordinance and the time of the license had elapsed, �nd the license holder had not complied with this requirement, and the Council proceeded to suspend the license, the Court would probably sustain this position of the Council. Councilman Breider said he was concerned about being fair to the license holder. He said the City should tell the license holder what they expect of them. He said also, the Police Department should kr.ov� what constitutes a violation so they can bring any relevant material to the Council for consideration. He mentioned as an example that there is a requirement that no one should be served a drink if.intoxicated. He said one establishment may follow this provision and another not care about it. The City Attorney said the Council would have the authority to act on this type nf violat5on at the present time. Councilman Breider said he did not think the Council was aware of what constitutes a violation that would be grounds for revocation. He suggested that this type of discussion be conducted with appropriate information from the Police Department and also with the representatives of the various establish- � _ _, . . � 3� REGULAR COUNCIL P1EETING OF MARCH 17, 1975 PAGE 5 ments within the City. He said he did not think the Council had ever reviewed this type of matter before renewal of.a license in the City. Mayor Nee asked if there was anything the Council could do anyway. The City Attorney said he did not think that this is true. He said the volume of police calls would have some bearing on whether or not the operation was well managed. Councilman Fitzpatrick said if such a policy is prepared, it would give the Council the right ta issue or not issue a license. He said he felt the establishment of such a policy would help the Counici in reviewing and would give the Council something to compare the operation with. The City Attorney said the Co�m cil has the inherent po�rers and if the establishment being reviewed is such i;ha� it is detrimental to health, vaelfare and safety of the citizens, the Council could revoke or not renew the license. Councilman Starwalt said he agreed with Councilman Breider in that the more the Council can put in the ordinance the more defensible it would be making it better for the Council and the City. He said it wouid be difficult to constr�uct the best wording. Mayor Nee asked if thE �ther ordinances in the area had been examined. The City Attorney said the one ordinance in effect in the City had been drafted from the Bloomington ordinance. He indicated that there had been a citizen's committee established in the City of Fridley to review many ordinances of other communities. He said the committee reviewed many ordinances and made a recommendation to the City Council on what should be included in the City's o•rdinance. He said the major�ity of the Fridley ordinance had been taken f'rom the 6loomington ordinanc?. Counciiman Breider said he would like to establish some pr•ov�sions for the Police Department so t�hen they come up with a violation it coulcl be brought to the Council. He said as it currently stands the Police Deoartment has unlimited discretion and it would be up to their personal judgement wfiether or not a violation had been committed. He said he did not know if they should or even vaanted this type of position. He again suggested that something be incorporated wiihin the ordinance that would establisli a policy for the Administration. Ne suggested that the provisions of th° State Statutes be incorporated in the ordinance andaiso many other requirements that the City may wish to establish. He said if this is not done in form oP the proposed ordinance, the Administration should be furnished with a policy statement. The City Attorney said he would agree wi`th the later statement. He commented that there had been a greai: deal of discussion on the policy and he thought that this policy should be set down by the Council and passed on to the Administration fa�use of the Departments involved. Councilman Breider asked if the Administration would bring back something to the Council � in this form to be discussed at a later date. He said he would like this statement to offer recommendations for requirements that could be lived by, an explanation of the State Statutes and what the rights of the Coui�cil would be in this area. , L� Mayor Nee asked the City Attorney to summarize the changes in the ordinance. The City Attorney referred to the first of three changes on Paye 2-t3 of the agenda book and indicated this dealt with Sectior� 603.081. He read the addition to this Section as referred to earlier in the meei;ing. He said the second change was �:he elimination of the Section that required the manager be a resident of the City of Fridley. He said the third change on Paye 2.-C was deleted due to action of the legislature which eliminated the need for the sect�on. MOTTON by Councilman Breider to waive the reading of the Ordinance and adopt the ' I Ordinance No. 579 as presented to the Council within their agenda and order publication of the ordinance. Seconded by Councilwoman Kukowski. Councilman Starwalt asked when the ordinance would be�published. He questioned if it would be pubiished as it had been amended. Councilman Breider said this was the intent , of the motion. Councilman Starwalt questioned if the policy to be prepared by the Administration for Council consideration should be included. Ne referred to the proposal of listing a policy for possible suspersion and revocation of licenses. ' Mayor Nee said the orJinance would have to be published to be in'force. Councilman Star- �; walt said he thought that Couniclman Breider had raised some good questions and he thought that this policy should be incorporated. � Councilman areid�r said the policy could be up by th� City Attorney and the Administration and this would not have to be a part of the ordinance. e �. REGULAR COUNCIL MEETING OF MARCH 17, 1975 The City Attorney advised the Council that if there is some after thought for consideration or additions to the ordinance, it could be amended. PAG Councilman Starwalt said he thought this should be worked out better, stating th intent of the City. Councilman Starwalt said he hoped this type of policy decis could be brought back to the Council at their next meeting. Mayor Nee asked if there was a motion to table the consideration and there was r response. Councilman Star��alt said he would favor the motion to adopt the ordinance, but � not want the ordinance published at this time. UPON A ROLL CALL VOTE, Councilman Fitzpatrick voting aye, Mayor Nee voting aye, woman Kukowski voting aye, Councilinan Breidei° voting aye, and Councilman Starwalt voting nay, h1ayor Nee declared the motion carried four in favor and one opposing. OLD QUSINESS: DISCUSSION REGARDIWG REZONIPdG REQUEST FOR ISSUANCE OF INTOXICATIP�G LIQUOR LICENSE FOR AND RECEIVIhG NISTORY OF THE ON-SALE BEER LICENSE AT THE FRONTIER CLUB: Mr. Wyman Smith, Attorney for Mr. Richard Povlitzke, addressed the Council and thanked the Council for allowing the item to appear on the agenda. Mr. Smith indicated he had written a statement for presentation to �e Council that day and requested to read the statement at this time. Mr. Smith read the lengthy statement to the Council and presented a cepy of the statement to all of the Council members and staff. At the conclusion of the stateinent Mr. Smith requested that the Council adopt the Resolution oflintent reserving the liquor license for the Frontier Club and indicated he would work with the applicant to see that all the City requirements are met. Mayor Nee asked Mr. Smith to speak to the zoning question. Mr. Smith answered stating that the Administration had said the current zoning of the property, C-1, prohibits a tavern or a liquor establishment. He indicated he did not know how the business had operated under this position. He recalled the history of the building indicating that it had been built by the Gottwald Brothers and sold to the City. He said it was the first liquor establishment in the City of Fridley. He recalled after the installation of Highway �!65, Old Central became rather dead-ended and the City Council decided to sell the on-sale business. He said at first, the fixtures were rented. Mr. Smith said that there should be some kind of provision in the code to waive these requireinents. He asked if the matter could be handled by the Board of Appeals. P1r. Smith said he did not t�ink a change in th e zoning would be the way to handle this being this is in a neighborhood area. He said it is his understanding that the provisions do not affect the existing license holder. Mr. Smith suygested that some understanding be reached on this ma�ter and said he understood that this would require more appearances at City meetings. Mr. Smith asked the Council if they could determine any reason why this request would be denied. Mayor Nee questioned if the zoning problem created a defect in the application. The City Attorney advised the Council that this would not be a serious difference of opinion. The City Attorney referred to the comments made by Mr. Smith within the statement to the Council. He indicated that Mr. Smith had not referred to a recent Federal case where a suit was brougnt by an applicant against the City of Fairmont within the pro- visions of the Civil Rights Act. He said the Court upheld the refusal to grant the license made by the City Council. The City Attorney said the past business practices of the applicant can be considered by the Council. The City Attorney continued to comment that the Public Hearing was closed at the request of.Mr. Smith at the time that the Mayor asked if the Public Hearing should be kept open. He said the statf had advised the Council of their recominendation and the hearing was closed. The Gity Attorney continued to state that what Mr. Snlith had said was true. He mentioned evidence would have to be presented at a hearinq and if the applicant wants an additional hearing, this alternative is still available. The City Attorney said � , , � ' � � ' ;i 23 REGULAR COUNCIL MEETING OF MARCH 17, 1975 • PAGE 7 as far as the zoning is concerned, he is not aware of a Nlaiver thai; would allow this business to operate within this zoning district. He said it would have to be decided whether or° not to rezone the property or chanye the code to permit the intoxicating beverages to be dispensed within this C--1 zoning. The City Attorney pointed out the history of operations at this location and said sir�ce the business was in operation prior to the adoption of the zoning code, he would consider this a non conforming use. He said this would allow the business to continue to operate as it is. He said his question would be whether or not it would be allowable to expand or change the use, he indicated he did not feel that this would be alTovaable. The C.ity Attorney said he liad not had time to reviea� Mr, Smith's presentation to the Cnuncil, but he felt the zoning situation should be corrected be`ore th�e Council could consider granting the license. Councilman Sta nvalt indicated he tvould like to ask t�ir. Povlitzke a question. He referred to the intitial meetings concerning this application when f•1r. Povlitzke said there v�as no way that he could meet the 40/60 requirement. h1r. Povlitzke indicated he had said if the other restaurants in the City are doing this, he would do ihe same. P1r. Povlitzke said he had been in the bar business formany years and the other people who had applied for liquor licenses had not been in the business. He said if they are doing it, he �•�ould do the same. Mr. Povlit?ke expresse' dislikc for the present delay in the consideration of the issuance of the license. MOTION by Councilman Starwalt to adopt a Resolution indicating tu Mr. Povlitzke that the request for the liquor license for the Frontier Ciub be denied. Mayor Nee declared the MOTION DEAD FOR LACK OF A SECOND. Mayor Plee indicated that the zoning would have to be resolved. He asked if the necessary � papers had been taken out to take care of the zoning question. Mayci° Nee indicated that Mr. Smith had made a very persuasive position on the point of *.he Counci "s discr:�';ion. �°ia�or tle� sa�id he felt it would be in order to table �he consideration of the issuance of tf�� license until the zoning is taken care of, •this would have to be done before the license could be considered. ' , , r �, � I� � ' MOTION by Councilman Starwalt to table the considera.tion of the issuance of the liquer license to P1r. Richard D. Povlitzke, Frontier Club, until the zoning question is processed and brought to the Council. Seconded by Councilwoman Kukowski. Mr. Wyman Smith addressed the Council and urged them to adopt the Resolution of intent to issue the license at this time subjeci to the zoniny yuestion being resolved. He said this would give the applicant the green �ight and he ��ould know Nrhat 9s happening. Mr. Smith said this would take another three months which would total over seven months before the applicant would know what attitude the Council had. Mayor Nee said if the Resolution is passed by the Council at the present time, he felt that this �aould prejudice the rezoniny action. Councilman Greider thought P1r. Smith arid Mr. Povlitzke should have some indication on whether or not the Council is going to pass the Resolution a�ter the rezoning is taken care of. . UPON A ROLL CA�L VOTE, on the motion to table the consideratio n of the liqiror 7icense, Councilman Fitzpatrick voting aye, Mayor Nee voting aye, Councilwoinan Kukowski voting aye, Councilman Breider votirg aye, and Coim cilman Starwalt voting aye, Mayor Nee declared the motion carried unanimously. CONSIDERATION OF PROPOSED LEASE AGREEMENT BETWEEN THE CITY OF FRIDLEY AND THE SPRING-_ 3ROOY. NATURE CENTER FOUNDATION FROM P1EETING OF 3/3/75 : ' Dr. Richard Trezona, Chairman of the S��•ingbrook Nature Center Foudnation, addressed the Council and explained that he had several discussions with the City Manager concerning the proposed lease. He indicated the proposal had been reviewed and he would like to discuss the items in the iease one by one. ' , Dr. Trezona directed the Council's attention to section four and said there were some changes within this section. He said the Foundation had recommended that the last sentence in the first paraqraph be deleted. Dr. Trezona read the sentence that he had referred to. lie a]so pointed out that the Foundation and the City agreed that the paragraph in the center of section four be deleted. Dr. Trezona continued to c.omment that the Foundation had expressed the desire to add "In addition" to the first part of the sentence in the s�cond paragraph concerning the availability of funds and their application. � ; 7HE REGULAR MEETING OF THE FRIDLEY CITY COUNCIL Of MARCH 17, 1975� PAGE 8 Dr. Trezona referred the Council's attention to Section Five and said the Foundation felt this section should be del�ted. He read the Section and explained he thought this to be an unnecessary performance clause and the Foundation thought that this should be deleted. Dr. Trezona explained tV�at the Foundation also felt that Section seven should be deleted because it violates the prcvisions for fundin9 on the regional nature center concept. He said this language would eiiminate the project from obtaining funds from the Metro Council. He indicated that this also violates requiremen±s in obtainin� LAWCON funds. Dr. Trezona referred to Section fJine and irdicated that there was some question as to what is norr,al police and fire protection. He indica±ed tha't if there were to be any large groups using ��e area, the Foundation a�ould arrange for extra police pro�eci;ion and reimburse th2 City for this. Ne me��tioned he P�ad rliscussed this point vaith the City Manager and the City P?a,�ager had explained what the normal protectionwculd co�sist of but this still puzzled him. He indicated tf�at he felt tt;ere were enough provisions built in the lease agreem�nt where the City is in complei:e control of the activities. He said he felt someof the fears should be eliminated because the Foundai:ion had no desire to take over.\ Dr. Trezona thouyht t}ie provision ihat the Fcundation was to work with i6�e City '�lanage, and check for Gdvice and approval would be sui`ficient in this section. Qr. Trezona said he felt Section ten was fine as it stood. He indicatec! the phrase "and shall rot be unreasonable with respect to the proposals by the Foundation", had beaiadded to prevent any member of the Council from beiny arbitrary. Or. Trez�na proceede�l to point out that in Seciion Eleven, their attorney had a�vised the Foundation ti�at the City snould be re�porsib'le for a. certain amount of the insurarce coverage th.e the Founda��ion responsible for their own porticn. He iridicated the amou;�i: had been added becaus:e this figure had been determined appropriate by the insurance carrier. Mayor IJee asid if anyorw wished to comment on Section four? Councilman Starvaalt e,u2stion2d if the Idorth Park area w«s to be developed as a golf course, Gvould the City be resporsible for the maintanance of the greens, etc. Dr. Trezona said he could not ans��er the question. He sai� he fieit i:he question unrelated io this proposed iiaage. Councilman Starwalt said the ma�!rt;enance of the golf course would be paid by user fees. Cir. Trezona sai� t.he`maintenance of th� golf course :�ould require special types of equipme�t and their reyuest �vould only involve some �rushing, etc. .Dr. Trezo��a pointed o�,t that he re,:iized that the City had not budgetrd for ex.tensive maintenance of th� area, but they are preseritly taking care of the otl�er greer� areas in the City. Councilman Starwalt said he was not sa�isfied with the inaintenance portion of t4;e lease. Dr. Trezona said the Nature Center Director and the City Manager would work together and decide and if a d2�isicn cannot be reac��:ed., ti�e mai;t2r v,�ould be l�rou�nt to the Counc i 1. Courrci linan Star�,�a i t said he fel t ti�e burclen i s bei r�g pl aced on the Ci ty�. Dr. Trezona said l�ie f21t this would be t��e City's responsibility, it 4•,�ould be the City's nature center. hle said tl�is proposal v,�as rot for significant maintenance of trails and equipment. Mayor Nee asked vahat share of the obligation v,�ould be the Foundacions. Dr. Trezona said anything the natui�e center initiated would be the responsibility of the Foundation. Councilman Star��alt said the statement in Section Four, begir;nino witl� "Tne cost" etc., would be a safe guard for �he City. He saic� he would be vailling to leave this portion in the lease if a list Hiould be made up with the standards jobs being the City's •responsibility. Councilman Starwalt said he could see some problems that may be created wity the City staff keeping the responsibil- ities separate. � Dr. Trezona said the solution to this would be that this woulc+ be handlec; by the City Manager and the Nature Center Direci.or. He said it would have to be determined wh�t the Foundation would have to pay for and what would be furnished on a regular basis. Councilman Breider said he v�ould be ��illing to live with this provision if the Foundation and the City Mar,ag2r make up a sc{i�dule and it could be agreed what should be included in the schedule. Councilman Breider said the Foundation is concerned with external access in maintenance such as plov��ing etc. He aske� if the nature center would assuroe the responsibility for the internal maintenance of the nature center. �; � ' ' ' � � , , ' !�1� REGULA�i COUNCIL MEETING OF MARCH 17, 1975 PAGE 9 Dr. Trezona said he would be a:illing to leave this section as it is if a schedule is set up. • Mr. Dan tiuff, Naturalist/Resource Coordinator, addressed the Council and indicated if the perimeter type of care is what is indicated by ttiis section, it should be rewritten. Mr: Huff read from the Section irc question which dealt with matters such as tree trimming, grass cutting, fence inaintenance and parking lot maintenance, e�:c. He said he thought the maintenance of the parking lot would be internal. He reiterated, this should be rewritten as �+t is now clearly indicating interna� functions of ma�nten- ance wou]c be the City's responsibility. Mayor Nee asked if there would be some way of making this a negotiaUle thing. The City Manager said it would be dene as Dr. Trezona had suggested and this would be that the City provide provide a.n service that is requested if they are capable of this, and experience would show the City and the Foundation what the criteria areas v�ill be. He mentioned the City is involved in program budgeting and there would have to be a label attached to the expense. The City Manager further pointed out that the agree- ment could be amended in the future if this is necessary. Dr. Trezona agreed that if there are any problems, they could be discussed and changes could be made. Mayor Nee asked if an��ne present wished to react to item nuinber Six. ��layor IVee � said he felt if this Section was left in, it would put North Park open fcr another campaign issue in the future. Dr. Trezona saitl this was also his feeling. Councilr�an Fitzpatrick said he believed the point of the Foundation which is that number six is taken care of or provided for with Secticn Five is true. Mayor Nee asked if there were any questions concerning Section Seven. Councilman Fitzpatrick said he felt this was a different matter all together. Councilman areider � asked if nuinber Five is left out, would there be any basis for not continuing the lease. The City Attorney said the City would have a difficult time terminating the lease if the Foundation did not live up to the developinent schedule. Mayor Nee said he felt the community vrould like to allow the Foundation five years to develop the � pro�erty. The City Attorney sa.id ifi tLe Council wou7� like a clause for non-conformance, this section shoi�]d be included. Ccuncilman I3reider said that he could not find any- thing in the lease other than the sec.tion suggested for deletion even if both parties � are agreeable. The City Attorney advised the Council that the lease could be modified ' in the future if both parties ayree to the change. He said changes could be made by mutual cons°nt. He also mentioned if one gr•oup want to change tf�� agreement and the other did not a�ant to, this could n,�t be done. �I I � � Mayor Nee asked what might constitute failure. Councilman Starwalt said the Foundation may not be able to coine up with the funds. I�e said �he funds would be necessary to development of the ar�a. Dr. Trezona said the property at North Park is a nature center as it is. He indicated that the Foundation vaould not have to put up an expensive structure to create a nature center. Dr. Trezona said the Foundation had the potential to raise the funds one and a half years ago; but with the current state of the economy, 9t n�ay take from one to two years to obtain funding. Councilman Starwalt said he hoped that the non performance clause could be included. , He indicated he would like to represent all of the people in the City, not just a few people. Dr. Trezona said the nature center supporters are very strong in the City, he suggested there may be 800 supporters. Councilman Starwalt said there had been many people who did not vote on the matter. , t �_J Mayor Nee said there is not a cancellation clause in the Islands of Peace Lease. Councilman Starwalt said this is true. He said they did not have an obligation to the City and he had not heard that there titi�as anyone wanting to tie up the land from the City regardless of the method. He said there is not another group that objects to the development of the Islands of Peace within the City as there is within this program. � Councilman Starwalt said he questioned the initial five year term and fie would like to make a brief statement concerning this. He said he fiad a problem going to the five year program without seeing some kind of a plan. He questioned if a plan should be submitted to the Council before the lease is entered into. Ne thought there should be some public hearings on the plan andthen the Council could go into a contract. Dr. Trezona answered stating no one is going to spend this kind of time on a plan without approval of the lease. He asked �.hat kind of dedication the City thought the people in the Foundation had. He mentioned the people in the Foundation had been workinq with the City for years. Councilman Starwalt said they I�ad discussed this before and he did not agree with Dr. Trezona. Dr. Trezona said Councilman Starwalt had given the Foundation $50 and they appreciated this donation. He indicated that the first function of the Foundation would be to turn the membership into a financial committee to raise funds. Fie said if the Foundation is not able to raise the funds, they would come ' 41 REGULAR COUNCTL t�IEETING OF MARCH 17, 1975 PAGE lt� straight to the Council and tell them. He said at this time, they cauld have an additional meeting of minds. Councilman Breider mentiened that the Islands nf Peace had been commented on. He indicated that tl�ese were two different type of properties. He menitoned that the tax payei°s in Fridley had contributed to the acquisition of North park and there had been two distinct proposals for development. He thought the five year lease would 5e a long term for a non-cancellation type agreement. Councilman Breider said if these people are given this amount of time to perform their function, this would be adequate. He also felt that it would take about five years for the area to be built up. f�e thought the five years would be a good time frame. He said the City would be able to look at the total proj2ct and 4-ahat has happened a��ound the area. He said there is building all around the area in Coon Rapids andalso to the south. He said the proposed five years might be a good time period. MOTION by Coucnilman Fitzpatrick to delete Section Six of the proposed lease agreement. Seconded by Councilwoman Kukowski. Upon a voice vote, Council�-roman Kukowski voting aye, Councilman areider voting aye, Councilman Starwalt voting nay, Councilman Fitzpatrick voting aye, and t�layor Nee voting aye, Mayor Nee declared the motien carried four to one. Mayor Nee referred the Council's attention to Section Seve; and said this concerned the citizens of the City of Fridley getting first preference for the use of North Park Piature Cenier. Councilman Breider referred to the last meeting of the Council when Mr. Mark Noble was present and had indicated that Richfield had a system as was proposed by the lease agreement. He said the area scl�ools were given some preference of use. He asked why this preference would work in �ichfield and not in Fridley. Dr. Trezona said he did not kno�v �:h� Richfi.eld �rocedures._. He explained if the nature center was to benefit by the P4eti°o Council runding, they could not give prefei°ence to one group. Mayor Nee said as a practical matter, the Director would be able to schedule vrith some sort of preference without th-is clause being in the agreement. Mrs. Lee Ann Sporre, 301 Ironton, addressed the Counci'1 and indicated that each nature center is handled differently. She pointed out that she had read this as an exclusionary tactic. She explained the situation with the various school districts and boundaries that do not follovathe City limits and indicated that not all the students would be able to receive the preferential ti°eatment if they lived out of the bounds of the City. She mentioned that in School District No. 11, not all of the students would live in the City. She indicated that the only School District is completely within the bounds of the City and this is School District Pdo. 14. Councilman Breider said he did not think this was the intent of the provision to exclude any member of any school district. fie indicated that he would not want the Hennepin County Schools to receive preferential treatment over tfie area schools. The City Manager said under the provision for r�umber Five, the Council would be able to review the policy. Qr. Trezona agreed stating the City Council has the control. MOTION by Councilman Starwalt to delete Section Seven from the proposed lease agreement. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye Mayor �dee declared the motion carried unanimously. Dr. Trezona referred to Section Eight and thought this should be determined by the City Manager and Director of the Nature Center. MOTION by Councilman Starwalt to delete the portion of Section Eight underlined and beginning with "and similar" and adding the portion in parenthesis beginning with "under the direction of". Seconded by Councilwoman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Dr. Trezona went on to explain that within the City's suggesti�n for Section Nine, he did not understand what "normal" police and fire protection meant. Mayor Nee asked if this could be left the way it is. Dr. Trezona indicated he would agree to leaving this section as suggested by the City Manager. MOTION by Councilman Starwalt to adopt Section Nine as recommended by the Administration. Seconded by Councilwoman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Mayor Nee questioned the statement within Section Ten that referred to unreasonable actions on the part of the Councilmembers. Ne asked how it would be established what is unreasonable. Dr. Trezona said this had been suggested by the Foundation's legal Counsel. r . , Y � ; a � . � ' , , ' , � ' , ' ' �2 REGULAR COUNCIL MEETING OF MARCH 17, 1975 PAGE 1.1 MOTION by Councilwoman Kukowski to approve Section tdo. 10 as proposed within the agenda with the additior of the statement "and shall not be unreasonable with respect to the proposals by the Foundation". Seconded by Councilman StarN,�alt. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Dr. Trezona went on to explain that the provision for the �3000,000 public liability insurance had been obtained from an insurance coinpany. lie said �erhaps this Section (Section Eleven) should be defined for use. He said he wouid be willing to accept the City's proposals on this section. lie said the Foundation believed that the City should buy what is needed by them and the same for the Foundation. Mayor Nee said the City already has insurance. Dr. Trezona said the Board had t,aken action on the insurance matter so that the insurance U�ould be in effect immediately following the signii�g the lease. The City Attorney said it may be better language to indicat� that the responsible parties should take care of their share of the insurance. Mayor Nee asked who would be responsible in case of a law suit. The City Attorney said both parties would be joined in a suit. He �id he was not sure the City's insurance would cover the Foundation. He said the Foundation should not rely on the City's insurance. The City Attorney suggested the following language, "Adequate public liability insurance should be provided by the Foundatioi� in the amount which should be deterr�iined by the City and Foundation and not be less than a certain dollar figure." Dr. Trezona asked if the content of the original proposal would be suitable to the City. It was the censensus of the Council that this language would be acceptable. The City P+lanager asked if a minirnum limit should be «�orked with. Mayor Nee said this Section should read, "Adequate Public Liability Insurance shall be provided by the Foundation. The amount shall be no less than $300,000 and sf�all be increased as necessary. Councilman Breider asked if there had ever been any resolution concerning Section Four. ��1ayor Nee said the Council had not voted on this section. The City Manager indicated that he thought the Council was plar.ning to leave this section in as it stood. Councilman Starwalt said the cancellation clause in Section Six is deleted. MOTION by Councili7:n Fitzpatrick to approve Section Four as pru�;osed by the Administration. Seconded by Councilwoman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Councilman Starwalt made a brief summary of the reasons he would not vo�e in favor , of the deletion of Section Six. He felt the deletion of this section �vould violate the rights of the people he represented. He questioned the City Attorney on this point. The City Attorney advised Councilman Starwalt that this was not,a legal question. , .� �J � ' MOTION by Councilman Fi±zpatrick to approve tne lease agreement as modified and approved through the curreni dicussian. Seconded by Counci]woman K.ukowski. Upon a roll call vote, Councilman Fitzpatrick voting aye, �1zyor Plee veting aye, Councilwoman Kuko��JSKI voting aye, Councilman areider� voting aye, and Councilman Starwalt voting i�ay, Mayor Nee declared the motion carried four to ar°. Mayor Nee inciated that there vras also the matter of the letter from the Foundation on the agenda. Dr. Trezona read the letter aloud to the Council and audience. Dr. 7rezona explained while the Foudnation was working on North Park people call and ask about the programs and what is goinq on in North Park. He mentioned i.f it would be in the scope of what Mr. Huff is able to do, he thought the Ci±y should take advantage of North Parks's fullest potential and he invited Mr. Huff to attend the meetings of the Founctation. He said the Foundation wou]d work with Mr•. Huff if he would work with them. MOTION by Councilman Fitzpatrick to receive the letter from the Springbrook Nature Center Foundation dated March 11, 1975 inviting th'e Naturalist/Resource Coordinator to attend themeetings of the Springbrook Nature Center Foudnation. Seconded by Councilman areider. Upon a voice vote, all voting aye, Mayor Nee declared the mption carried unanimously. RESOLUTION N0. 41-1975 - CONFIRMING ASSESSMEPJT FOR ST. 1974-1 STREET IMPROVEMENT PROJECT TABLED FROM 3/10/75 : MOTION by Councilman �reider to receive the letter from the area residents concerning the proposed side lot assessment of 68th Avenue between 7th Street and Rice Creek Terrace, dated March 14, 1975. Seconded by Councilwoman kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the mot.ion carried unarrimously. F �� REGULAR COUNCIL MEETING OF MARCH 17; 1975 PAGE 1.2 MOTION by Councilman Breider to adopt Resolution No. 41-1975 confirming assessment for ST. 1974-1 Street Improvement Project with the original roll where tPie assessments would not be spread across the street,and which follows the policy of the past. Seconded by Councilman Fitzpatrick. Councilman Starwalt asked why the roll would not go across the street. The City P�anager said when this type of assessment was spread in the past, it did not go across the street. The City Manager further explained if the Council would like to make some improvements in the future, across the creek, it could be potentially spread back to this area. He also indicated if there are ever walkways installed, this could also be assessed to these property o�•m ers. He indicated that the Council should stick with the policy and try to be as equitable as possible. Mayor �ee said the people on the other side of the street had been notified concerning the hearings on the assessment. Councilman Breider said he would have to draw the line on the policy matter. He said this may be the best possible spread, but he felt it would be better to follow the policy. Councilman Starwalt questioned the method of assessment listed on page 5-C of the agenda folder. This assessment would spread payment on both sides of the street and all the way to University on Rice Creek Terrace. Councilman Breider indicated he thought thei°e would be real problems with the adoptien of the roll indicated on 5-C. A resident of the area addressed the Council and indicatedhe had lived in the area for 15 years and he had never used the road that he would 6e assessed for under this pr�oposal. He indicated that this t��outd change the policy and they would be liable for assessinents in the future if the side street were improved again. Ne indicated that he objected to the lack of consistancy. Councilmar� Starwalt said he felt it was difficult to agree ta what is eguitable. A resident of the area indicated the people in this area never use 68th for access, this would cause them to double back. He said ihey use 4th Street for access. The City Attorney addressed the Council and pointed out that he is a resident of the area in question and i°esided on the north side of Rice Creek Terrace. He sai.d from a lec�al standpoint, he did notthink the Council should accept the roll on page 5-C. He said it would be difficult to prove the benefit for the people living all the way down to University from the improvement of 68th Avenue. Councilman Star��alt said he would like to talk agai.nst the original roll and. said he favored the roll on page 5-C of the agenda booklet. Councilman areider indicated that this particular ro11 would cause problems because the Council had indicated that they would not go across the street. Mayor Nee said if anothei° roll is adopted which would vary in policy, a statement concerniny this adoption should be placed in the resolution of adoption. Councilman Breider said if another roll is adopted the Council would be changing the policy and this should be specified in the resolution. Mayor Nee asked if there would be any financial p�oblems in holding the consideration of the resolution until the next meeting of the Council to allow the Administration time to prepare the necessary resolution. The Finance Director, Mr. Marvin Brunsell, said the interest had been complied within the roll of assessments unt�1 the end of the month and the roll would have to be recomputed if there was to be a delay until the next Council meeting. Councilman Starwalt asked why the assessment on page 5-C could not be•adopted if they would agree ori this one. Mayor Nee asked if the policy for this area and the change in policy could be defined, He asked if a policy could be written which viould be consistant with this type of problem. The City Manager felt that ther•e may never be an area such as this in the City. The Finance Director said he could not.think of another area, but he would not want to rule out this possibility. lie indicated that everyone would not come out even in any assessment roll. He indicated no matter how the streets are shaped or assessed, it would not be possibile for the assessmenis to come out the same or equaly. lie asked if the Council's inten�ions could be put on paper. He said this may take care of this assessment, but what aUout last year's assessment rolls. �---. ' , , � , ' � ' ' 44 RCGULAR COUP�CIL MEETING OF MARCH 17, 1975 PAGE 13 Councilman Fitzpatrick said he thought the statements made by the Finance Director were true. He said in the City with a creek cutting through it, you are aoing to have areas with no side street assessment. Ne said there �vill also be situations where there will be the creek with no bridge over it. Councilman Fitzpatrick said it seemed to him that this situation would occur again. Councilman Starwalt said if the alternate roll is adopted, it would set a precedent. Mayor Nee said th policy could be that the roll is adopted as assessed to the next assessable side street, and there would be no problem at all. The Finance Director questioned what would happen in areas 4vhere there is no main artery into the area. He asked what would the Council do in this instance. He said according to the proposal, all of the people of the area would have to be assessed. The City P1anager said this type of policy was not followed with the assessments of 4th and 6th. He pointed out that there is never goirg to be a 100� equitable assessment. Mr. Nick Garaffa, 6750 P�onroe, addressed the Council and indicated he felt the original roll was workable. He asked the Council to consider the curreni situation, not all the possibilities of the future when considering the assessments. The City hlanager pointed out to the Council that 90% of the streets within tr�e City had been improved ar' this policy had been followed and pre�.�ed to be �;rorkable for the 90%. He questioned if it would be fair to the peop]e who had already been assessed if the policy ti�rere changed at the present time. Ne said the Council should adopt i:he roll according to the past policy, it would be more derensefull. The Assessor, Mr. Mervin Herrmann, pointed out to the Council that there were about four streets in the City in the same situation and the others had not been assessed across the street. The City Attorney recalled that this was similar to the case of the assessment of Madison Street. Mayor Nee said yes, there was a similar situation in this area. UPON A ROLL CALL VOTE, t�iayor Nee voting aye, Councilvioman Kuko�,�ski voting aye, � Councilman Breider voting aye, Councilman Staru!alt voting nay, and Courcilman Fitzpatrick voting aye, Mayor Nee declared the motion carried, four ayes and one nay. ' , � �� ' � LJ Mr. Ric{�ard Harris, 6200 Riverv�ew Teri°ace, addressed the Council and indicatetl he objected to some of the costs of the project. Fle mentioned the amoun+ of $2,300 for engineering of the project by Cornstock and Davis, "onsulting Engineers and a7so objected to the retaining N�all being included with�in the project. He indicated the wall to be temporary and if he wished to gain access to his property, a portion of the wall would have to be removed. Mr. Harris said he did not feel the problem with the older home and its situation was the obligation of the remainder of the property owners in i.he project. Mr. Harris indicated he felt this would be between the City ancf the property owner. t�1r. Harris said all of the people in the area object to this wall because they are not receiving any benefit. Mr. Harris said he would like to propose that the Councilfind some solution to thn retaining wall problem and that they also take note that the people of the area should not pay for the replacement of the approaches. He added, he objected to some of the practices in construction of the project and mentioned that the contractor should have removed the stumps from the area. The Public tdorks Director indicated that the wall was a part of the alley project because this was needed to have the property match up with the development of the area. He indicated it was very important that the home be saved. He also said if this had not been done, the City would be facing a liability claim. The Public Works Director stressed the fact that the wall was a necessity. He indicated that this was following the policy of the past and also mentioned that perhaps in the future the wall could be salvaged and a credit given to the people of the area. Mr. Harris repeated his thought that he did not feel that this was anybody elses problem, it was the problem of the man who owned the house. Mayor Nee disagreed with the comment and stated, not when there is a char.ge in the grade. Mr. Harris said he thought the City should have priced the contract with concrete , streets rather than bituminus. Ne indicated that with the increasing costs of oil products, the project may have been comparable with concrete. He said the people of the area should be contacted to determine if they tivould rather have the more permanent improvement with concrete or pay a c�reat deal for bituminus when it will not last as � long. Mayor Nee said he thought this to be a good point. v ��. 45 REGULAR COUNCIL MEETING OF A1ARCH 17, 1975 PAGE 14 Mr. Harris explained the people of the area had gotten together and agreed that the area was to be improved, but indicated they wanted the City to take care of the improve- ment because they were unable to remove the fill from the area. He said now the problem is that the a.liey i�as been imp�°oved and the fill is still in the area. He again stated that he would have to take down the wall to get the fill out of his property. He sa�id he had bought the property because of the fill. He said he really objected to the improvement methods. He mentioned that all of the problems had occurred because the house had not been placed i� the proper lccation and extended into another property. Mr. Narris said he believed this to be the problem of the property owner, not his and the remainder of the people on the block. The City Manager explained that this policy would have to be followed in the case of anyone's house within the City. Ne said the City had t��ro choices, they could have acquired the easement which would have included the house or they could have constructed the o-�all as they did. He said tfie wall would have to be strong enough to hold the house whether the house was to stand there for one month or ten years. He mentioned that the house had been constructed back in 1940 when there was no City government and there was no one tc deterinine if the construction was within the City requirements. The city Manager said the Council valued Mr. Harris' opinion, but the position of the City would be to protect everyone. He said if the City were to be held biable for the house, the cost wc ld have mour.ted to a higher figure. He said thiswould be done no matter what the value of the house would be, if the house is there, it would have to be protected. The City Attorney advised the Council that this point was true and there was no doubt about the City's responsibility to protect the property. The City Manager mentioned that the flagstone was the least expensive thing and also the strongest material to use. He said that railroad ties would allow the potential for movement. The City Manager said the City could have put in a block wall. Fle indicated that the peaple tivould have to put some faith in th e judgement of tne staff. He also mentioned if the property was acquired through condemnation, the assessment would have been much more because of the legal fees and appraisals, etc. Mayor Nee pointed out that if the wall were constructed from railroad ties or stone, the price may be comparable because it is the labor costs that are the highest. Mr. Harris indicated the feeling that the City could have gotten together with the property owners. _ Mayor Nee asked the members of the Council if they had any desire to amend the resolution. Cauncilman Breider said ne_did not �rish to amend the.�esolutior: _ Mr. Harris indicated it would seem to him that the minute there is an assessment hearing> the Administration feeis they have been given a blank check. Mayor Nee said he �id not think this to be true from his expreiences. He indicated that the City Administration makes a great effort to save trees and see that the driveways are installed correctly. He indicated �hat the people in some areas had complimented the Administration on their coopei°ation. Mayor Nee said that perhaps this was not the case in this improvement. RESOLUTION N0. 42-1975 - CONFIRPiING ASSESSMENT FOR ST. 1974-2 STREET IMRPOVEMFNT PROJECT TAQLED FROM 3/10/75 : AND RECEIVING COMMUNICATION IN OPPOSITION FROM ROGER G. FREITAG: MOTION by Coucnilman Starwalt to receive the communication from Mr. Roger G. Freitag, in opposition to the assessment, dated March 11, 1975. Seconded by Councilman Breider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Councilman Breider said he had been looking over the roll and referred to the area of 79th Way in the area of the cul de sac. He asked why the triangular piece of property was not included in the assessment roll. The Assessor, Mr. Mervin Flerrmann, indicated that this piec� of property contained a large piece of easement with would make the property unbuildable as it stands alone. Ne indicated that the easements were for Minnegasco, NSP and the Sewer Board. The Public l�Jorks Director sadi there were a few problems in this area with the property. The Assessor indicated that the property had been up for sale for quite some time for for the amount of $500 and there was 4G REGULAR COUNCIL MEETING OF MARCH 17, 1975 PAGE 15 �800 in assessments due on the property. Councilman Breider questioned if there was any access to the piece of property with the improvements. The Assessor pointed out there woula be access through the use of the cul de sac. He reiterated that the property had very little value. Councilman 6reider said it did not seem fair that no one picked up these assessments, thelot would be getting the improvement free. Councilman areider asked if there would be anythii�g to assess the improver�ent against if the property became tax forfeit. The City Attorney said in this case, the City would never get its money back. The Assessor said the assessments would not be paid in this case. Councilman Breider asked the Public Works Director to place the proposal for the original roll on the screen. MOTION by Coucnilman areider to adopt Resolution No. 42-1975 confirming the assessment roll for ST. 1974-2 Street I�nprovement Project and adopting th,e Alternate Roll No. 2. Seconded by Councilwoman Kukowski. Councilman areider said he was having the same problem with this area as he had in the Rice Creek Terrace area. He indicated he could not promise the people that they would not get assessed for side yard. He said the proposed roll is the most consistant with the policy of the City. A resident of the area asked if there was a seyment of 66th not being assessed. Council- man Breider indicated that the Council could not say what would happen in the future. Another resident of the area said the people havg no other exit from the area. She questioned why they should not pay for it. Councilman areider said he could see an assessment on this area frbm P4ississippi Street. UPON A ROLL CALL VOTE, Councilman Fitzpatrick voting aye, Mayor Nee voting aye, Council��oman Kukowski voting aye, Councilman Breider voting aye and Councilman Starwalt voting nay, Mayor Nee declared the motion carried four to one. RESOLUTION N0. 43-1975 - CONFIRMING ASSESS��ENT FOR ST. 1974-4 S7REET IMPROVEMENT PROJFCT TABLED FROM 3/10/75�j--- The Public Works Dii°ecto� summarized the history of the improvements in this area and indicated that Anoka County had establis��ed this as a County Roadway and v:ould be picking up the costs for the street iroprovement. The people of the area will be assessed for one half of the curbing and gutter at $3.77 per foot and the people on the north side of the street would be assessed for the sidewalk at $5.53 per foot. The Public Works Director stated the side�valk was beiny assessed because this•followed City policy. Mayor Nee indicated that the people of the area had appeared at the hearing and said they thought that one side of the street was �eing assessed for the sidewalk when the entire area was benefiting from it. MOTION by Councilmar� Starwalt to adopt Resolution No. 43-1975 confirming Assessment for ST. 1974-4 Street Improvement Project. Mr. Nick Garaffa addressed the Council and indicated the way the grade was cut on the south side of I�tississippi, it would be almost impossiblE to install a sidewalk. He thought it was almost impossible to ins�allit because of the undergr'ound utilities installed. The Public Works Director said it would take extensive construction to install the sidewalk on the south side. He added, it had also taken extensive cons�ruction to install the sidewalk on the north side. . Mayor Nee said this should have been brought up at the hearing. ' ' Mr. Garaffa said he had talked to Councilman Starwalt about this the previous night. Councilman Starwalt said he believed in time to come, there will be a sidewa�lk on the south side of the street also. SECONDED BY Council:voman Kukowski. Upon a roll call vote, Councilman Breider voting , aye, Councilman Starwalt voting aye, Councilman Fitzpatrick voting aye, Mayor Nee voting aye, and Councilwoman K�akowski voting aye, Mayor Nee declared the mot�on carried unanimously. i � �. � 47 REGULAR COUNCIL PiEETING OF MARCH 17, 1975 PAGE 16 RESOLUTION N0. 44-1975 - CONFIRMING ASSESSMENT FOR SE4JER, WATER AND STORM SEWER IMPROVEMENT PROJECT td0. 114 TABI_ED 3/10/75 : AND R[CEIVING COMMUNICATION REGARDING STORM SE4JER ASSESSMENT POLICY - HARRIS LAKE ESTATES ADDITIO�: The City Manager indicated the memo in the agenda to be from Mr. Marvin Brunsell, Finance Director, in response to the comments made by Mr. Dave Harris at the previous Council meeting. He said Mr. Harris had made the point that all property should be assessed equally. THe City Nanager indicated in this area, the City used subdistricts and the assessments would be equalized whtn the entire district is coinpleted. He said the remainder of the information in the agenda is �;�hat had been presented at the previous meeting with the exception of a proposal that the properties evithin Area E be required to bear higher than originally proposed. The City Manager referred to the proposal of Mr. Harris that some of the money that would and had been escrowed within the larger district and within othei° subdistricts be transferred to this project. He indicated it was the Administrations feeling that this procedure �4ould not be iegal. The City Manager pointed out the third point raised by Mr. Harris to be that he had been told at the time of platting the property that the builder of the homes in this area would be required to escrow $800 per lot at the time of acquisition of the building permits from the City to take care of ±he storm sewer. The City Manager said that on some of the properties the assessment would be in the area of $1,200 per lot and Mr. Harris thoug" `'hi� exceeded the $800. THe City Manager said the staff had researched this question and had not been able to find �vhere it had been determined that the $800 per lot would be the maximum amount for storm sewer. He said the price for the improvement of storm sewer would be a maximum of �8 per 100 square feet. The Public Works Director summarized the assessment to each of the districts under the proposed assessment roll as follows: Area A, $2.08 per 100 square feet, Areas B and C, $3.69 per 100 square feet, and Area E, $7.69 per 100 square feet. Councilman Starwalt asked if the developer had dedicated land to the City. The Public Warks Director said he had dedicated land for parks under the requirements of platting, but the City had acquired the ponding area. Mayor Nee referred to the previous meeting of the Council and said the Public Works Director had irdicatetl the dredging had increased the holding capacity of the pond. The Public lJorks Director said now the ponding area will take care of other subdrainage districts also. He said before the area of drainage was undefined. The City Manager said thai; the area draining into the pond had been greatly increassd. He said the area to the east and south is being drained by piping into the pond. Mr. Dennis Schneider asked who the City had bought the pond from-. The Public 4lorks Director said Mr. Dave Harris. Mr. Schneider asked who Mr. Harris had purchased the pond from. The Public Works Director aid he did not know. He added the land had been purchased from 13 people and it had been consolidated. • Mr. Schneider said he had tallced to Mr. Frichie, and Attorney at DNR and questioned the point made by the City Attorney at the previous meeting concerning the City being prohibited from directing drainage of storm water to private property. Mr: Schneider said he had been told i;hat there are no statutes with this requirement. He indicated that Roseville is currently doing this. Mr. Schneider said if the developer is paying for the dredging of the pond, why are the people's assessments in the area being brought up to $8 per 100 square feet. Mr Schneider felt that the people in the other areas should pay less than this. Mr. Schneider said the decision of the Council could not be appealed by class action, this would have to be done individually and this he indicated to be obviously impractical. He mentioned the Cii:y had advised the people who do not agree with the assessment roll to appeal tha acticn. Mr. Schneid2r said he felt the assessment was being pushed down the people's throats. Mr. Schneider addressed Cauncilwoman Kukowski and indicated at the time she had campained for her• Council position, she had indicated she would represent the people and receive their comments. He also mentioned that this had been the case in Mayor Nee's � F � � t ' � L� � LI ' ' � i REGULAR COUNCIL MEETING OF t4ARCH 17, 1975 � PAGE 17 campaign co�nents. He asked that they consider these cbmn;ents and support the people of the area. Mr, Schneider also commented the the City f�tanager had only addressed his remarks to Mr. Harris at the previous meeting of the Council. Mayor Nee said he would likp it a matter of record that tFie City Manager's remarks were adverse to Mr. Harris. Mr. Ken Morness, 160� 66th Avenue N. t., addressed the Council and asked the Council what the difference would ha��e been if the City had bough¢ the land and put in a holding pond rather than a rancy pond. The Public Works Director said there would be no change. Mr. Moxness asked how many acres of storage had been in the area before the improvement. The Public Works Director said the pond had a 16 acr2 feed. P1r. Moxness asked what this was now. The Public Works Director said it had been just the east area and now it would be fed from the entire area. Mayor Nee asked ho��r large the pond was in area. Tfie Puolic Works Director said 8'2 acres in area. He mentioned thepontl was approximately thi°ee feet deep. He added, two feet had been added a�ith a feed of about 40 acres. Mr. Moxness asked why the ditch had to be cleaned. The Public Works Director said to allow the water to drain to Moore Lake. Mr. 1�1oxness asked ifi this meant anything. The Public l�lorks Director said this did mean something, the ditch had to be redefined. Mi Moxness asked if this had increased the storage area. He added, it probably lost actual storace area. Mr. Moxness mentioned that the City had paid $35,000 for the land for the storage ai°ea and this vras bought fror� the deveioper of the area. Mr. "7oxness asked evhat the economic value of the area was compared to the other area. The Public Works Director indicated that the open ditch may not be a good situation as a permanent system but with the construction of additiona1 roads in th� area in the future, there may be additional improvement of the system. htr. Moxness said there is no guarantee that the $8 would be the limit for storm sewer in this area. The Public Works Director indicated the only additional cost for the area would involve the installation of an underground system. He indicated that all three alternative plans for the area had been expla�ined �it the hearing. Mayor Nee explained that years ago a coinplete system had been proposed for this area and this had been determed to be a great iiardship on the people af the area, so the City had approved the piece meal development of the storm sewer in this area. He said he was not on the Council at th;� tima, ard there must have been a reason for this. Mayor in�icated he thought some of the implications may have been political. , • Mayor Nee asked the Public t^Jnrks Director what typ� of problems had been encoui�tered through the project and accouni;able to the contractor. He recalled there had been mention of 30% overhead on the project. The Public Works Director explained the only problem to be that the City had to ��atch the contractor to make sure the project was , constructed just right. He indicated there had b2en some problems with the contractor not having the appropriate equipment and persr,nnel on ihe project. The Finance Director stated that the overhead was somewhat less than 30;. ' ' ' C Mr. Moxness asked if the City staff haci inspected the dredging work. The Public Works Director said the corisulting engineers had inspected. Mr. Ploxness questioned if M�°. I�arris had requ�sted the City to do foundations studies for the houses within the development. The Public ldorks Director said the City was not involved in the development of the lots. � Mr. Moxness asked what the City's obligation was to dredge the swamp. The Public Works director said the City had no obligation. Mr. Moxness asked if because the City wanted to get the property onthe tax rolls, they had obligated the people of the area to the storm sewer. Councilman Starwalt said no, but this would have the ultimate effeci. Mr. Moxness said the City had had a hearing and the plan was imposed on the people of ihe area. Councilman Starwalt comrnented that he did not think that imposed was the correct language. Mr. Moxness asked what cost was involved in reclaiming the lots on Mississippi Street and ' Fridley Street. The Assessor indicated that the City had paid the assessments plus $Z00 to $300 for hauling the fill. Mr. Moxness asked where the fill had come from. The Public Works Director explained that this had come from the Mississippi Street project. Mr. Moxness asked if the City truck had to coire in and tiaul it and move it. Mr. Moxness said after this the property was transferred to Mr. Harri� (north side of Mississippi ' Street). The Public Works Director explained the exchange of property between the City and Nr. Dave Harris and pointed out on the map on the screen the area where the City had obtained the larger park parcel through this er.change. He also pointed out that the action for this exchange had appeared on a regular Council agenda. Coucnilman Starwalt said he had favored this exchanye of property to enlarye the park in .• REGULAR COUNCIL MEETING OF MARCH 17, 1975 ' PAGE 1$ the area. He said at the outset of the negotiations for the property in the area, Mr. Olson had indicated he did not want a park adjacent to his property. He explained the Olsons favored the plan to include residential property next to their home. Mr. Moxness said he did not think this was a bad project at the offset of the consideration, but the people of the area object to paying storm sewer costs when this is mixed in with land development and other activities. He added, this is bound to confuse the issue. He said the people were trying to draw th� line where the sewer system began and the development of the area started. He mentioned that some on the Council had inherited the project and would have to vote on it. Mr. Moxness said he believed this project's assessinent roll should be laid over and researched more for the determination of ]e�itiniate sewer costs. Councilman Starwalt asked if the dredging costs were assessed to Area E only. The Public Works Director said yes. , Mr. Nick Garaffa addressed the Council and referred to the statement that Mr. Harris , had removed refuge from the area. He said most of the time, the trucks had been hauling trees along witl. cars, washers, etc. hir. Garaffa also referred to the statments. concerninq t�r. Harris' intention to pay the escrow upon acquisition of the building permits ana canmented that with this method, the developer of the land or the builder would be stuck with the paymcnt of the escrow. He said now :ith the confirmation of ,� the assessment roll Mr. Harris would be stuck. Mr. Garaffa said the development would put additional students into Rice Creek Elementary School which is already �vercrowded by the residents in the Towrhouses across the creek. He said they may have to bus the students to Gardena School. , Councilman Starwalt mentioned there had not been any trouble with the figures mentioned , at the preliminary hearing. Mr. Daniel Walseth, Attorney, addressed the Council and explained that he was currently taking the place of Mr. Uictor P. Seiler, Attorney for Richard Miller Homes. Mr. Walseth said ��r. Miller's development was Briardale and consisted of 46 lots and he had escrowed $800 �er lot for those developed in this area. Mr. Walseth continued to comment that Mr. Miiler had entered into an escrow agreement with the City. The Attorney indicated he and his client were under the impression tl�is money had been placed in escrow to protect themselves. lie said he was in attendanca at the current ineeting to observe and perhaps voice an objection to the proceedings. Mr. Walseth said Mr. Miller had been told that the funds that had been placed into the escrow account will not be returned to him, i,hey would be transferred to the s�torm sewer project account. A resident of the area said he believed this agreement to be between the builder and the City. The Finance Director said if the money was to be returned to Mr. Miller, what vtas the purpose of the escrow agreement. P1r. Walseth ans��ered that this could be to show good faith in order to get the building permits or secondly, i:here are 46 lots and if the developer didnot sell all of the lots, there would be some money there when it came time for the assessment. He said this could be a safety valve in th e case that not all of the lots would be sold. P1r. Walseth indicated a third possibility that Richard Miller Homes may have gone bankrupt. Mr. Walseth said there had been no mention of the fact that the funds would not be returned to Mr. Miller. Q Mr. Walseth said Mr. Seiler had taken some notes in a conversation with the City Attorney which indicated the agreement should end in April of 1974. He said he was ! present to raise an objection for the listed reasons. itr. tdalseth informed t.he Council ' the Mr. Miller would take steps to vindicate himself. The City Attorney indicated that the concern expressed by Mr. Walseth would not be decided on at the present meeting. He said he knew Mr. Seiler well, arid if there would be no objections from the Council, he would contact Mr. Seiler on the matter Ne said the minutes of the meetings could be researched and reviewed and if this does not resolve the matter, they could request a declarity judgeinent action. The City Manager said if Mr. Walseth was present at the meeting, he had overheard the City interest in the construction of the area. He said the overhead on the project , would be the costs of the interest to borrow the money for the construction, legal • fees and engineering fees. He said in this case the overhead amount would be about 25% and this is equal to the overhead on the street improvement projects. �� ; I ; 5l/ PAGE 19 REGULAR COUNCIL MEETING OF MARCii 17, 1975 The City Manager further poin�:ed out that i:he storm se�aer assessments would be equalized within the districts. Fle said there had been a number of discussions concerning the development of the Briardale area and it. had bean proposed that temporary ponding areas be used until a total system could be established in the area. He r^entioned that the City had talked about a closed system of pariding. The City Manager said there was some problems with the ponding pt~oposal which would be sin��ilar to ��hat is being don2 in Innsbruck. The City �danager indicated that Area E is about 45% of the area and this area is paying about 40% of the costs. The City I•1anager continued to er.plain that the s,�stem also provided a ditch and piping from the pond from Area A, Area B there would be no legal and Area C. Ne said there is a d�irect benefit to Area A, ro ert question on this. The City Manager asked if the City could have acquired the p P Y for less money as had been questioned by the area property owners. He �aid this was not possible. He stated that the City had obtained t.wo appraisals of the property. The City 1�1anager said the Pdministration felt that /lrea E should carry a higher load of the assessments. The City Manager explained the prc,posal for the assessment of the larger lots, Lots 1, 4, and 5 ar�d indicated the location of these lots on the map on the screen. He continued to explain that these parcels of peoperty are much larger than n;ost in the area and said there should be some cutting off point and he suggested that the maximum square footage be fig�.red for this assessment at 1,500 square feet per lot. The City P�anager said the remainder of the assessments due on these proper•ties could be �ere�00 sq�are Area E or Harris Lake Estates. He said th�The�Cit aManager mibted out Phat this would feet on the liari°is Lake Estates P$�P86tP�r �00 square feet or the hiohest assessment bring the assessments to aro:an�i the City had ever put on storm sewer. The City Manager indicated althought this is very high for storm sewer, it ��aould still be less expensive than the creation of the closed pipe system to Rice Creek. The City Manager referred to the questions raised concerning the park property. He said the City had acquired thP park property through the requirement of the of the City for the developer to donate park properties when platting undeveloped land. Ne said the land had been exchanged and Mr. Harris really did not want to exchange these parcels and the minutes of the Council meetings will show this. H2 said the only cost being assessed to the people in the dis*rict is the land cost �vithin Area E. He again mentioned that Area E would be paying $7.86 per 100 square feet. The City Manager said Mr. Har�°is was not able to be present at the current meeting. He continued to explain that the Administration felt that thehiyner rate for Area E would be appropr�ate. The City �>1anager said he thought ther�e were reasonable answers to the questions raised and recommended that the Council go ahead with the higher rate in Area E with the lesser rate for the larger lots. , Mayor Nee said Mr. Harris had offered to pay the assessments of the people he had purchased the land from. , Mayor Nee said it seemed to him that the City shouldthe4peopieharehfaceddwath Ith�stained a marsh in the area. He said this was not done so, problem and the relative benefits have to be established. He said if there would be a more workable or fair solution he would like to see it. He commented that the staff had put something togethei° relating to the cost rather than the benefits. He mentioned that the benefit to some of the property �inthe Elarris addition had likewise changed. He said there is some legal problem when this happens. Mayoi° Nee said the question at hand would he whethe2• or not to review the whole project or what would be the cost of such a proj°ct. Mayor Nee questioned if there were any state funds that could be used to pick up the difference. t4ayor Nee said maybe the City would have to review the project and respread it. Mr. Moxness said he would suggest a delay, even if it cost more, so this would not happen in the future. Mayor Nee said he felt this to be a g�od �dea. He said the Councilcould hold on npen meeting before the end of the month. 7he Finance Director asked if it would be feasible to adopt the assessment�roll for the remainder of the areas involved, and hold the storm sewer in this area. Mayor Nee asked if there were any problems in the �vater and sewer laterals. There was no response. - The Fi:�'S�LakerEstatesaidHehsaid�thtlsbwou�ldPnot betmucheofxaeproblemf the storm sewer �n Har � ',` ;; }' ': � ` I � Y � 'i € � � � ;i � �� ,� �s � � REGULAR COUNCIL PIEETING OF MARCH 17, 1975 Mayor Nee said this would allow for someone to show what would be more Mr. Moxness questioned the cost of bringing in an engineering firm to n independent appraisal of the area. Mayor Nee asked if the engineering was being questioned, he felt that i decision. He again said this would be a policy decision for part or al Mayor Nee mentioned he had voted for this before and he wished that he RECESS: Mayor Nee called a recess at 2:08 A.M. RECONVENED: Mayor Nee reconvened the meeting at 2:22 A.M. Mayor Nee questioned the members of the Council on whether or not they would like to continue with the items on the agenda or call a special meet�ng of the Council some time the same week to take care of the reminiang items. It was the consensus of the Council that since there were people present who had waited through the entire meeting for �considerati�on of their items, they would continued vrith the ager�da at thepresent time. Councilman Starwalt called the Council's'attention to the alternate roll on Page 8-A of the agenda and indicated this was the roll with the increase to the developer for the total storin sewer assessment of $7.86 within Area E. MOTION by Councilman Star�valt to adopt the total roll with the assessment amount within Area E to be $7.86 and also with the maximum of 1,500 square feet for the larger properties, and to spread the remairider of the 41¢ per 100 sc�uare feet over the Harris Lake Estate properties, and to adopt P,esolution No. 44-1975, confirming the assessment for Sewer, Water and Storm Sewer Improvement Project No. 114 according to the Alternate Roll No. 1. Seconded by Councilman Breider. Councilman Fitzpatrick said he was prepared to vote favo�°ably on the motion. He said the basic point of a drainage district is that the assessments should be spread equally. He said the Council had now added to this area a number of costs that pei°haps should have been. Coucnil��oman Kukowski said she would support the motion. The Public Works Director listed the costs for theproposed roll as indicated by the motion made by Councilizian Starwal± to be as follows: Area A, $2.03 per 100 square feet, Areas B and C, $3.69 per 100 square feet and Area E, $7.86 per 100 square feet., Mayor Nee sai.d the City had paid $35,000 for the land for the pond. He questioned if the holding capacity had been increased. f�ayor Nee asl<ed the cost of the dredging. The Public Works Director said this was $44,000. Mayor Nee said the ecological cost had to be considered. Councilman Breider said this had been a very difficult area for the past five years to ten years. He mentioned that the City had received other requests for the development of the area and some had included rezoninq. Councilman areider said he thought the assessinent was fair. Mrs. Edna Miller 6575 Fridley Street, indicated she thought it was unfair that she h�d to pay the assessment. She indicated that the water of the area had drained to the corner of Mississippi and Fridley Streets until the drain had been put into the area. Pirs. Miller continued to comment that she thought the assessment very unfair to Fridley Street. � Councilman Starwalt said everyone would be paying an equal amount for storm sewer. Mayor Nee said this was a question of whether the City had spent money w�sely or , not. He co�nented that the staff has made a sincere effort to make an equitable ,' spread for the cost and benefit. He said he believed it was questionable if one j person received more benefit than the other. ', UPON A ROLL CALL VOT[, Councilman Fitzpatrick voting aye, Mayor Nee voting aye, Councilwoman Kukowski voting aye, Councilman areider voting aye, and Councilman Starwalt votina aye, Mayor Nee declared the motion carried unanimously. NEW BUSINESS: � � � � 52 REGUL;�R COUNCIL MEE�ING OF MARCH 17, 1975 PAGE 21 FIRST READING OF �N ORDINANCE FOR REZONING REQUEST ZOA #74-05, QY RAO MANUFACTURING COMPANY; TO REZONE rROh1 C-?_5 TO M-l: THE SAME 6EING 200 �SISSISSIPPI STREET N. E.: The Public Works Direc�or pointed out the area in question and indicated that the request was to rezone the area east of the railroad tracks to M-1. He mentioned this property abuts the Fridley Hardarare store. The Public Works Director recommended that the Council adopt the first reading and the Ad�ninistration would bring back the consider- ation of the variance and the granting of the buildinq permit at the following meeting . when the second reading of the ordinance Fvould be considered. � Councilman 6reider indicated one p�°oblem had been mentioned in conjunction with the proposal. He indicated he would like to make sure that all the proper precautions are taken for the elimination of noise and vibration from the proposed manufacturing firm. 1 MOTIO�� by Councilman areider to waive the first reading of the ordinance, and adopt the ordinance on first reading, stipulating that the pr•oper measures will be taken to control the noise and vibration, and that the MP/1 stardards be followed. Seconded by Councilv;oman Kukowski , � � ' � � i 1 � ' , � � Councilman Starwalt aid at th� p,�evicus meeting the applicar�t was present and said this would be taken care of. The City Manager said tHhen tne item is brourht back for the second reading, everything else would ��ave t� be taker, ca.re of also. He said the City would try to get an agree- ment with the petitioner on the noise and vibration controls. UPON A ROLL CALL VOTE, Councilman Star��alt. voting aye, Councilman Fitzratrick voting aye, f�1ayor Nee voting aye, Councilwoman f:ukowski ��oting aye> Councilman Breider voting aye, Mayor Nee declared the motion carried unanimously. fIRST READI4JG OF AN ORDI1vANCE FOR REZONiNG REQU[ST ZOA #75-01, CENTRAL AUTO PARTS TO RE�ONE FhOh1 C-2S TO hi-1 ; GENEI�ALLY LOCATED NORTH OF 1201 73'-2 AVENUE N. E.: The City Manager said there are other matters that would have to be considered by the Council related to the cGri�ent action. He said these would be brought back to the Council on the Second Re:ading of the Ordinance. He mentioned there is a request for a variance and also a s�ecial use permit. f40TI0N by Councilman Starwalt to waive the first reading of the ordinance, adopt the ordinance on first reading. Seconded by Councilwoman Kukowski. Upon a roll call vote, Councilwoman Kukowski voting a�e, Councilman Breider voting aye, Councilman Starwalt voting aye, Councilman Fitzpatrick voting aye, and P1ayer Nee voting aye, Mayor Nee declared the motion carried unanimously. RECEIVIMG THE MINUTES Of= THE 60":RD OP APPEALS MEETING OF MA.RCH 11, 1975: A REQUEST FGR VARI,ANCFS OF TH� �RIDLE', CITY CODE AS FOLLOWS: SECTION 205.135, 1 E3, T0� ALI_Cbl OFF-STREEI� P/1R�;TPtG TO QE SET QACK 2%2 FEE1� FROM THE LOT LINE �INSTEAD THE REQUIRED 5 FEET, AfVD S�CI�ION 205.1�5, l, E3, TO ALLO;J OF�-STRFET PARKING TO_B f <.,.,. ��.,� " , T,,, ,., „��.,,. ,,,� �,,,..� ..... ........�... ... .._ .._..._.. _._._ LINE INSTEAD OF SET �ACK THE. REQUIftED 5 fEET, ACdD SECTIOhI 205.135, 1F, 4B, TO ALL041 THF fIRIVFWAY PuV�MFNT TO BE WITHIP� ZERO FEET OF THE MAIN BUILDITJG INSTEAD OF SET ,. The Public Works Director explained the various requests for variance by the applicants. � Councilman Breider asked how much would be added to the building. The Public t�orks Director indicated there would not be any addition, the work is to be done within the inside of the building. Mr. Dick Mochinski of Mochinski General Contractors indicated the area of the club would be expanded from 6,600 square feet to 12,730 square fect. The Public Works Director said all of the expansion would be internal. MOTION by Councilman Breider to grant the variance as recommended �y the Qoard of Appeals. Seconded by Councilman Starwalt The City ManageN said there should 6e some agreement for parking in back from the adjacent property owners. Mr. Mochinski p:•esented letters of agreement for this I�� REGULAR COUNCIL P1EETING OF h1A�CH 17, 1975 PAGE 22 53 parking to the City Manager. The City Manager pointed out that this business does serve liquor and have a great deai of other people cominy in an � out and he would recommend that a sprinkling system Ue promoted with this consideration. Ne suggested that the applicant present a total plan for the sprinkling system at th�s time. Mr. Mochinski asked if this would also be required if the building were completely concrete and fireproof. The City P1ananger said what he was saying is that the applicant should check into the possibility and the City would want to �vork with the applicant to save on insurance costs. He suggested the Council could stipulate that the water lines for the system be installed at the time of the initia] constructi�n. He suggested that the applicant present a total plan for the sprinkling syste�i at this time or work with the staff for initiation of such a plan. The City Manager aiso suggested that the City obtain an easement from the property for future improvement of Osborne Road. The City Manager indicated the City had already received an easernent from the adjacent service station. Mayor Nee asked if this would be �dithin the boulevard. The City Maiiager said yes. The City Manager said he had talked to the applicant about this and he had said he did not object. Mr. Mochinski asked �f the boulevard would still coincide with the curb line. He also asked if the sign arrangement that had been discussed would 6e acceptable. The City Manager said yes. UPON A VOICE VOTE, all vot�ng aye, Mayor Nee declared the motion carried unanimously. A REQUESI FOR VARIANCES QF THE FRIDLEY CITY GODE AS FOLLOWS: SECTION 205_135, 1, El, TO ALLOW OFF-STREET PARKINu WITHIN THE REQUIRED 20 FCOT FI<GPT YARD, NhD, SECTION 205.i35, i, E4, TO RLLQtd OFF-STREET P/iP,KIfJG IdITHIN LERO FEET OF THE MNIN BUILDING 1NSTEAD OF SET BACK THE P,EQUIRED 5 FEET, APiD , SECTIO(� 205.135, 1, E2, TO ALLOW � YV Jl(. / v� FfIfV ZERO FEET OF !1 LOT LINE I N 205.135,48, TO REDUCE THE S EET, AND, SECTION 705.135, 1, �ET OF A LOT LINE INSTEAD OF , i0 ALLOW THE DRTVErJRY PAVEN� D OF SET QACK THE REQUIRED 5 ATIVE BUILDING TO E�E �OCRTED ME EFING 7880 ELM STPE[T �l.E. �Yl+l� I�IL RGl�V1f�LV J 1 l.Ll � ll1YV • K FROM TIiE REQUIRED 20 fEET TO FF-STREF�f PARKIP�G 70 �E WITHIN QUIRED 5 FFET, NND, StCTION 205.135, N ZERO FEET OF TFIE MAIrd QUILDING LOI�! THE CONSTRUCTION OF A GH 5, BLOCK 2, ONAWAY ADDITION, ESOTA REQUEST BY PACU, INCORPOR- - 5544'L� : The Public ldorks Direc,tor indicated there was no action necessary on this item at the present meeting. MOTION by Councilman Starwalt to receive the minutes of the Board of Appeals Meeting of March 11, 1975. Seconded by Councilwoman Kukowski. Upon a voice vote, all voting aye, t�layor Nee declared the motion carried unanimously. RECEIVING THE MINUTES OF THE BUILDING STANDARDS DESIGN CONTROL SUBCOMP�ITTEE MEETING OF MARCH G, i975: CONSIDERATION OF A REQUEST FOR ROOF SYST[M ADDITION TO THE RIVERSIDE CAR WASH: LOCATED ON Tf2ACT D, R.L.S. #19. TIIE S/�ME QEING 6520 EAST RIVER ROAD N. E., FRT�IFY nittvrvrsoTA. REOUEST BY ROBERT SCHLEETER OF 6520 EAST RIVER ROAD, Mayor Nee explained that the Administration had indicated that there was no action needed on this item. CQNSIDERATION OF A REQUFST FOR PROPERTY IMPROVEMENT. LOCATED AT 1040 OSaORNE ROAD N. E., fRIDLEY, MINPdESOTA. REQUEST BY V.F.W., 1040 OSQORNE ROAD N. E,, rnrnt rv AArA111rcf1T11 . The City Manager said it would be his recommendation that the proposal be approved with the stipulations that an easement be provided for additional right of way for future improvement of Osborne Road and that the applicants tvork with the City to establish a plan for a sprinkling system. - ■ � � � � � 54 REGU�AR COUNCIL i�1EETING OF MARCH 17, 1975 PAGE 23 Councilman �reider asked what type of 7anscaping plan would be used in this area. He added, the area arouiid the building is asphalt. The City P4anager said the staff was working on this and it would include some work in the front ar�d back of the building. MOTION by Councilman Breider to approve the plan for property improvement by the Fridley V.F.W, with the stipulations that an easement be provided for• Osborne Road improvement and tnat the applicant work with �he staff on plans for the installation of a sprink}ing system. Seconded by Co�incil+nan Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. CONSIDERATION OF A REQUEST TO CONSTRUCT fi NEW BUILDING TO BE USED AS A WAREHOUSE � LOCATED ON LOTS 1-5, BLUCK 2, 0"dAl9AY ADDITION: THE SAi�E 6EING 7BII0 ELM STREET N. E.> F�tIDLEY, f�INNCS07A {REQUEST GY PACO DiAP1SONRY COPITRACTORS, INC., 5920 � The Pubiic Works Director explained that the�°e was no action necessary at this time, a recommendation would be coming from the Board of Appeals. MOTION by Councilman Fitzpatrick to receive the minutes of the 6uildirg Standards � Design�Control Subcommi�*ee meeting of M�arch 6, 1975. Seconded by Councilwoman Kukowski. Upon a vcice vote, all vot�ng aye, Mayor Nee declared the motion carried unanirnously. � S � , .� � RECEIVIP�G THE PIINUTES OF TNE CITIZEN BIKEbJAY COMMITTEE i^EETING Of FEfiRUARY 19, 1975: MOTION by Counciiman �reider to receive the minutes of the Citizen 6ikeway Committee meeting of February 19, 1975. Secorded by Councilwoman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Councilman Starwalt said some peopie feel i:here is going to be money ayailable for this kind of thing. He mentioned he would not want the people to get their hopes up. The Cityh?�n��r explained that the staff is advising the citizen committee. He mentioned tnat the City has limited resc,urces. He said if funds were needed, this would have to come from Federal funds. Councilman Fitzpatrick asked when this matter would be brought to the Council for consideration. Mayor Nee answered that the Committee was not quite ready for this at the present time. RECEIVING THE MINUTES OF TNE CITIZEN QIKE4�lAY C�I�IMITTEE MEETING OF FEBRUARY 26, 1975: MOTION by Courcilman }3reider to receive the minutes of the Citizen Bikeway Committee of February 26, 19?5. Seconded by Council4aoman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the ir�ation carrizd unanimously. IVING THE MINUTES UF TNE CITIZEN BIKEWAY COMMITTEE ME�TING OF (�IARCH 5, 1975: MOTION by CouncilE•�uman Kukowski to receive the minutes of the Citizen [ikieway Committee meeting of March 5, 1975. Seconded by Councilman Starwalt. Upon a voice vote, a}} voting aye, Mayor Nee declared the motion carried unanimousiy. RECEIVING iNE MINUTES OF THE CN(�RTER COMMISSION MEETING OF FEBRUARY 18, 1975: M07ION by Councilwoman Kukowski to receive the Min�tes of the Charter Commission Meeting of February 18, 1975. Seconded by Coucnilman Starwalt. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. � CONSID[RATION OF APPROVING A LETTER OF INTENT TO NORTHblESTERN BELL TE(,EPHONE COP4PANY FOR IMPROVEU TELEPHONE SER1'ICE FOR CIVIC CENTER: � , I�� The City M�.nager explained that the Telephone Company had come up witii this suggestion for a system where they will provide the City with additional service with no additional `' cost. He mentioned that this �•�as comparable to the private telephone service systems that the City had been considering in the past. Ne also indicated that after ten years the system would be paid up and hopefully, there would be a reduction in the cost of the system. The City f�1anager said tliis system would enable the City to receive better service for less money. The City Manager reco+�nended the Councit act to authorize the preparation of the agree- ment. 55. REGULAR COUNCIL MEETING OF MARCH 17, 1975 PAGE 24 The City Manager informed the Council that Fridley would be the first municipality to install this new service. The Finance Director agreed stating Fridley would be the first with this type of pricing system. The C9ty Manager again stated that the cost would be reduced after ten years and the system �vould be more responsive to the work the City is doing. He further pointed out that this type of system has been proposed by con�panies competing with Northwestern Bell Telephone Company. The City Manager stated, he thought this to be a good proposal. The City Manager said he had the opportunity to review the systein when he had visited private companies that had the proposed system. MOTION by Councilman Starwalt to approve the letter of intent to Northwestern Bell Telephone Company for improved telephone service for the Civic Cei�ter. Seconded by Councilwoman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the _ motiort carried unanimously. IDERATION OF LEASE AGR[EMEN7 blITH UNITY HOSPITA� FOR PARY, PROPERTY: Counciiman 6reider questioned if any action couid be taken untii after the Public ; � Hearing on the vacation. The City Manager answered that if there are any problems with the basic lease, the Administration would be able to work with Unity Hospital. He recominended that he thouglit the City should give some indication of intent. He explained the request was to lease the prope�°ty on both sides of the roadway and if the lease is approved, they could go ahead and get the vacation processed. Councilman Breider said he thought it would be good to vacate the road, this would ' close up this area. The Public bJorks Director said there rrould be 2.2 acres in the park. Mayor Nee indicated he thought the City should start the process foi° the vacation. The Cii:y �anager said the staff would begin this process. The Public Works Director pointed out that there had been some indication that the fees should be waived. The City Manager agreed stating the Hospital had requested that the fees be waived. MOTION by Councilman Breider to execute the lease agreement, to begin the vacation process and that the fees be waived for the application for the vacating of the road. Seconded by Councilman Starwalt. U�:on a voice vote, all votiny aye, Mayor Nee declared the motion carried unanimously. CONSIDERATION OF BID AkARD FOR 1975 G1EED MOWING CONTRACT ([3ID OPENING FE6RUARY 18, 19751: The City P1anager explained to the Council that the bid had been received by the Weed Contractor that the City contracted with the year before last. He indicated that this is the only bid that had been received. Councilman Breider asked if this was a reasonable rate. The City Manager said he thouyht this was a litt7e higher than what the City had last year. The Public 4lorks Director explained to the Councii that the staff had checked around ' on the possibility of renting the equipment and the rental price without the labor costs were almost as high as the contract bid. He said the abid was $36.00 and the rental would be $34.00. '_ � Mayor Nee asked if the contractor would be cl�iar,9ing from the time he left Osseo. The Public Works Director said no, he would charge the time from Fridley. Qid Received from Brian Germundsen, Osseo Minnesota: Tractor with side arm Mower - Cost per hour Tractor with puli Mower or Fiair Type, Rotary Type of Equivalent - Cost per hour Tractor Operator - Cost per hour Riding Mower - Cost per hour Riding Mower Operator with Minimum 20: cut - Cost per hour Truck -] ton or larger - Cost per hour Nand Mower or cutting Per Man - Cost per hour Spraying, Labor & Equipment (Cost of spray used is addition to above) - Cost per houf� $12.00 12.00 6.00 5,00 6.Q0 16,00 )0.00 18.00 5� REGULAR COUNCIL MEE7IN6 OF �4ARCH 17, 1975 PAGE 25 MOTION by Councilman Greider to receive the bids as listed for the mowing and cleaning contract from Mr. Srian Germundson, Osseo, Minnesota and to award the contract to Mr. Gern;ui,�dson. Seconded by Councilwoman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declured the motion carried unanir,ously. CONSIDERATION OF BID AIdARD FOR 50,U00 GVW TRUCK (BID OPENING MARCH 10, 1975): BID TOTAL LESS NET FiAKE & DELIVERY MISC. SECURITY PRICE TRAD� PRICE MODEL DATE Bill Doyer American $14,465 $1,500 $12,965 LT 880 1 week Ford Truck Empire Co. 23,465 1,500 21,965 LT 8000 5% Art Gobel Cert. Check 21,950 2,500 19,450 LTS 800Q 2-3 Weeks Ford �1,100 First 23,400 2,500 20,900 LTS 9000 Nat'1 Bank Anoka International No Qid 19,536.78 19,536.78 Harvester Co. Security - F^�50 Immediately Trade Was Did not $1,000 R. conply incl, in net price RIHM Motor Company Minar Ford Inc. Cert. Check 26,640 Amt. $1,332 Midway Natl. Bank No Bid 23,861 Security - Did not comply 1,800 24,840 W 900 5 days 1,800 22,061 LTS 9000 14 days Minnesota Truck 21,372 1,000 20,372 CNT 800 2-3 weeks Center No Bid Security - Did not comply Walton Ford Aetr�a 22,293 2,410 19,883 LT 8000 Immediately Casualty Insurance The Public Worl:s birec*or said the truck did not have a dump bcx on it. He presented the Council with an illustration of the proposed equ-ipment. MOTION by Cou��cilwoman Kukowski to receive the bids and award the contract to Art Gobel Ford in the amount of $19,450. Seconded by Councilman Starwalt. Upon a voice vote> all voting aye, Mayor Nee declared the motion carried unanimously. APPROVING RECOMMENDATION REGARDING SALARIES OF LIQUOR STQRE ADMINISTRATIVE PERSONNEL: The City Manager indicated that ti-�e Administration had been working with the Administ�°ative personnel of the liquor store to increase the return on the investmeni;. fle indicated that they had also been in discussion concerr�ing the proposed salary increases. He pointed out that the Manager's increase as proposed would be a total af $130 over the original salary that had been reduced. Ne also indicated that this would be an .8% increase. The City Manager recalled thai the Council had set a goal of 12.5% of return on the investment and the operation had achieved 17% return. The City Manager believed this to be a plus for the City and he asked that the salaries of the Manager and Assistant Manager be approved by the Council. The City Manager explained that in the case of the Assistant Liquor Store Manager, he had planned to retire by January of 1975, but he wishes to stay with the City a little longer. He explained the reason for this is to allow Mr. Hreha to complete 15 years of service with the City and also the same amount of time within the PERA fund. The City Manager indicated that he believed this proposal to be mutually beneficial to Mr. Hreha and also the City. The City �4anager recommended the Council take action to allow Mr. Hreha to stay with the City beyond his 65th birthday and until November 22, 7975. 0 57 REGUALR COUNCIL MEETING OF MARCH 17, 1975 PAGE 26 Councilman Fitzpatrick mentioned that Mr. Nreha had only asked.to stay another five weeks. The City Manager explained that Mr. Hreha had made several requests and the City was recommending that 90.°i of the request be granted. Fle said he would recommend that Mr. Hreha's date of retirement be November 22, 1975• MOTION by Councilwoman Kukowski to ap;�ro�ve the recommendation for salaries of the Liquor Store Manager and Assistant Liquor Store tdanager as�vinted out on Page Z1 of the Council agenda. Seconded by Councilman Breider. Councilman Starwalt said he would have no quarrel with the time ihat Pdr. Nreha continued with the City. Councilman Starwalt asked how the �2,000 would have affected the percent of increase if calculated. The Finance Director said this would not have lowered the percent of increase to less than 12.5%. Councilman Breider asked what the figure would be that the City is projecting for the current year. The Finance Director indicated thai this had not been set. Councilman Breider said 12.5°r' would still be a reasonable amount. UPON A VOICE VOTE, all voting aye, Mayor Pdee declared the motion carried unanimous]y. RECEIVIP�G REPORT REGARDING RES?ONSF FROM ME�4QERS OF DIFFERFNT COMMITTEES WHOSE TERMS ARE EXPIRTNG: AND RECEIVING COMMUNICATION FROM MARK SCOTT, MEDIA SPECIALIST, ANOKA COUNTY LIBRARY, REQUESTING CONSIDERATIOPI FOR APPOINTb1ENT TO CATV COb1MISSION: MOTION by Councilman Starwalt to receive the report regarding response from members of different committees whose terms are expiring. Seconded by Councilwoman Kukovaski. Upon a��oice vote, ail voting aye, Mayor Nee declared the motion carried u,�a,iirno»sly, MOTION by Councilman Fitzpatrick to receive the communication from Mr. Mark Scott, Media Specialisi:f Rnoka County Libt°ary, requesting consideration for appointment to CATV Commission. Seconded by Councilman Breider. Upon a voice vote, all voting aye, Dlayor Nee declared the motion carried unanimously. RFCEIVING REPORT REGARDING LAW SUIT AGAINST CITY BY YES�dES, INC.: MOTION by Councilman fitzpatrick to receive the reports from the City Attorney dated March 11, 1975 and also the Finance Director, dated Ptarch 13, 1975 and regarding the law suit against the City of Fridley by Yesnes, Inc. Seconded by Councilman areider. Upon a voice vote, all voting aye, P1ayor Nee declared the motion carried unanimously. CLAIMS: GENERAL 39194 - 39399 LIQUOR 9643 - 9691 MOTION by Councilman Starwalt to approve the claims. Seconded by Councilman Breider. Upon a voice vote, all voting aye, h1ayor Nee declared the motion carried unanimously. LICENSES: EXCAVATJNG Consolidated Plumbing & Heating Company 1530 East Cliff Rd. ' Burnsville, Mn. 55337 � GENERAL COPdTRACTOR i � ; Panelcraft Incorporated 3615 East Lake St. Minneapolis, P4n. 55406 ��--� � NEI�TING y Equipment Supply Inc. £301 Curfew Street St. Paul , h9n. BY S. E. Enright Carl Johnaon 0 RPPROVED BY W. Sandin D. Clark 41. Sapdin � � � 0 :)c� REGULAR COUNCIL hiEETING OF MARCN 17, 1975 PAGE 27 LICENSES CON�IINUED: MASONRY BY APPROVED BY FEE Albin . Katzner Cement Co. A1Lin L. Katzner D. Clark 11137 Arrowhead St. N. E. Coon Rapids, Mn. 55433 CI6l1RETTE Poor Richards's Canterbury Ronald Richards Public Safety $12.00 Pub Director 6481 University Avenue FOOD ESTABLISHMENT Poor Richard's Canterbury Ronald Richa�°cis Health Inspector 10.45 Pub 6481 University Avenue ON S1�LE BEER Poor Richards's Can'.rbury Ronald P,ichards Public Safety 120.00 Pub Director 6481 University Avenue PUBLIC DRINKIP�G PLRCE Poor Richard's Canterbury Ronald Richards Public Safety 100.00 Pub Director 6481 University Avenue TAVERN Poor Richard's Canterbury Ronald Ricliards Public Safety � 12.00 Pub Director 64II1 University Avenue MOTION by Councilman Starwalt to approve the licenses as listed on the Councii agenda Pages 25 through 25-A. Seconded by Councilman Breider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unaniinously. ESTIMATES: • Comstock and Davis, Inc. Consuliing Engineers 1446 County Road "J" Minneapolis, Minnesota 55432 For the Furnishing af resident inspection and resident supervision for the staking of the following work: PARTIt1L Estimate #3 for Sanitary Sewer Storm Sewer & Water Improvement Project ' No. 116 from �ebruary 3 throu9h �ebruary 28, 1975 $ 3,498.64 PARTIAL Estimate No. 9 for Sanitary Sewer & Water Improvement Project tdo. 115 from February 3 through February 29, 1975 40.83 PARTIAI Estimate No. 14 for Sanitary Sewer, Water & Storm Sewer Improvement Project No. 114 from February 3 through February 28, 1975 1,564.22 Carl Newquist Smith, Juster & Feikema Quilders Exchange 6uilding Minneapolis, Minnesota 55402 For legal services reridered as Prosecutnr for February 1,362.50 � � � s r r t ; :� i x i 3 � : ; � r ? # � � v t $ E � �; <� � �# �, fi t , t; v? � : � REGULAR COUNCIL MEETING OF MARCH 17, 1975 t Weaver, Talle & Herrick . � � � 316 East Main Street = Anoka, Minnesota 55303 For Legal Services rendered as City Attorney '' for February $ 1,782.50 MOTION by Councilman Starvaalt to approve the estimates. Seconded by Councilwoman Kukowski. Upon a voice vote, all voting aye, Mayor PJee declared the motion carried unanimously. RESOLUTION ld0. 45-1975 - IN SUPPORt OF HOIISE FILE 754 FOR ISLANUS OF PEACE: The City P�anager indicated that the Administration hatl not received the copy of the House File until Friday of the previous week. Ne indicated a copy of the House File appreared within the agenda, but the proposed resolution had been presanted to the Councilmembers for consicieration that evening. The City Manager recommended adoption of the Resolution. Mayor Nee said he thought that the Islands of Peace Bill had a fairly good chance of '. getting dppt'OVal. e The City Manager reiterated he r°°commended approval and said the Administration would send cop9es of the resolutinn to the area's representatives. MQTION by Councilman Starwa]t to adopt Reso]ution No. 45-1975 supporting House File 754 for Islands of Peace. Seconded by Councilvroraan Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimous]y. COMMUNICATIONS: PARK AND RECREA7IOPd DIRECTOR: Y.IWANIS CLUB TP.EE PROJECT: The City Manager indicated that the City could use up to 100 tree"s for the City's parks. He indicated that the Club could sell the trees to the community, but the City would not get involved in this. Mayor Nee asked if the Parks Department would have to stake the areas where the trees are proposed. _ Counciiwoman Kukowski asked if some of the trees can be designated for Commons Park in the area of the sandboxes. The City Manager said he would bring this to the attention of the Park Director. MOTIQN by Councilman Starwalt to receive the communication from the Kiwanis Club concerning the tree project. Seconded by Councilwoman Kukowski.: Upon a voice vote, al] voting aye, Mayor Nee declared the motion carried unanimously. Councilman Starwalt asked how the proposa7 for the nursery was coming. The City Manager � indicated the staff is working on this and there will be some trees by the fall months. CONSIDFRP.TION OF A RESOLUTION AMENDING RESOLUTION FOR APPOIP�TMFNTS 70 hUMAN RELATIONS COMMI7TEE: .. Co�ncilman Fiizpatrick said ihe Chairman of the Human Relations Committee, Mr. Harold Belgum, would like to distribute letters seeking volunteers for the Committee within the area schools. Mayor Nee said the committee would be somewhat changed if the Council would give conceptual approval for the idea of ethnic involvement in the Human Relations Committee. Councilman Starwalt said he would like to speak against the proposal. Mayor Nee .,stated he could not see what harm this could do. He said that no action would be taken until the Council acted on it. Councilman Starwalt feit that increasing the membership of the Committee vrould not do any good in guaranteeing that there would be more in attendance at the meeting, now would it mean that there wouid be a quorum present. Councilman fitzpatrick said he would question the committee i�aving oniy one purpose. � He indicated that he thought that the Comnittee could also serve other purposes within the community. i � ' � , , � � � � 1 , .� 1 �- �1 � t� U REGULAR COUNCIL MEETI�G OF MARCH l7, 1975 PAGE 29 MOTION by Councilman fitzpatrick to direct the Administration to prepare a resolution for Council consideration which wou)d increase the membership of the Human Re1dt10115 Comnittee from 10 to 30 and change the quorum requirements from 8 to 10. The City Manager explained that the Committee requirements had been sei up by resolution and this resolution �•;ould have to be amended. He indicated that the motion would give the Adrninistration to go ahead to prepare such a resolution. Ne asked if this would also approve Mr. Belgum's request to disi;ribute letters to the sci�ools in the area. Councilman Fitzpatrick said the Council could approve the sending of the letter. Mayor Nee said this would be possible if the Council would agree to this proposal. Council- woman I:ukowski said she would like to indicated that Mr. Belgum should go ahead with his plans. Councilman Starwalt questioned if this situation should be watched for the future budgets. Counciiman Fitzpatrick said Mr. BeTgum is currentiy trying to recruit new members. Mayor Nee asked the members of the Council if the City P1anager should advise P�1r. Belgum if the cominittee memLership and quorum requirements would be amended. MOTION by Councilman Fitzpatrick to amend the motion by adding that the Council author- izes Mr. Belguin, Chairman of the Human Relations Commii:tee, to distribute the letters recruit�ng new members to the Numan Relations Committee through the varinus school districts. Seconded by Councilwoman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion cari°ied unanimously. UPON A VOICE VOTE, on the original motion to prepare the resolution, all voting aye, Mayor Nee declared the motion carried unanimously. ADJOURNMENT: MOTION by Cauncilman areider to adjourn the meeting. Secended by Councilwoman Kukowski. Upon a voice vote, all voting aye, Mayo�° Nee declared the motion carried unanimously and the Regular Meeting of the Fridley Cit,y Council of D1arch 17, 1975 adjourned at 3:22 A.M. Respectfully submitted, �a�i -�-�.� Pat Ranstrom Secretary to the City Council Date Approved Williain J. Nee Mayor �: � � ;:: � ' `3 �� E� �: � k ;- { � �� j i i" : i � # i T: � ! s � � F s F � - i i ' } , � i �� THE MINUTES OF THE STATEMEPJT OF CANVASS MEETIP;G OF TFIE FRIDLEY CITY COUNCIL OF P�ARCH 28, � I 1975 FOR THE SPECIAL ELECTION HELD ON MARCH 25, 1975 The Statement of Canvass P1eeting of the Friclley City Council of March 28. 1975 for the Special Election held on P4arch 25, 1975 was called to order at 5:31 P.M. by Councilman Breider. • , ROLL CALI_: I ME��BERS PRESE�aT: Councilman Breider, Councilman Fitzpatrick, Councilwoman MEP1BERS ABSENT: STATFP1ENT OF CAP�VASS: Kukowski, and Councilman Star��alt P1ayor Nee STATEME��T OF CA�JVASS SPECINL [LECTIOiV MAP,CH 25, 1975 UECLARATION OF RESULTS TH[REOF In accordance t��ith Section 4.08 of the Charter of the City of Fridley, the City Council declares the results of the �1975 Special [lection to be as follows: A. The total number of ballots cast ►��as: 336 !�Jard 1 - Precinct 1 51 41ard 1- Precinct 2 50 � l�fard 1� Preci nct 3 ?_� l�ard 2- Precinct 7 . 3G !Jard 2- Preci nct 2 � 2£3 lJard 2- Precinct 3 47 6Jard 3- Precinct 1 51 SJard 3- F'recinct 2 36 4Jard 3- Precinct 3 �9 TOTAL: 336 B. The vote on the Charter Amendment, Chapter 2, Section 2,05, Vacancies in the Council, page 7, line 67 is as follows: SPOILED, DEFECTIVE YES NO OR hOT VOTED 70TAt. M1ard 1- Precinct 1 '45 6 0 F1 '�lard 1- Preci nct 2 3�_ 11 — 0 1� Ward 1- Precinct 3 • ��, �` Q ' �4 lJard 2- Precinct 1 1g _7 � �,� -- l�lard 2- Preci rct 2 1�_,_ `�_ � — �� lJard 2- Preci nct 3 29 �_12�____ • p 41 IJard 3- Precinct 1 �7� �q � ,1 l,lard 3- Preci nct 2 2� L`L ' 7 �fi 'rlard 3- Precinct 3 �� ^ � �_ �q TOTALS 247 £38 _ _ 1 - _ 336 C., The vote on the Char.ter Amendnent; Chapt^r 2, Section 2.05, Vacancies in the Council, �age 7, line G7 is decl�red to have passeJ. 0 62 STATEMENT OF CANVASS MEETING OF MARCH 28, 1975 D. The following is a true copy of the ballot used: ;. . CfTY ELECTION ..: ... BALLOT ; ��, ��°�t°�� ;��'�� : CITY CiF FRIULEY ��' `ANOKA COUVTY, MINNESb7t, - TUESOAY, PAARCH 25, 1975 ' - If you favor the amnndmant, put an (X) in thn squara opposite the . ' ., ,-wo�d "YES". Ii you do not tavor tho anendmant, put an (X1 in thn � . - syuara opposiie the word "NO". . � - �_ _� `�Shall the Charter, Chapter 2, Szction 2.05, Vacancies in the Council page 7, line 67 he changed to read: A vacancy in the council shall �e deemeci to exist in case of the failure of any person e{ected thereto to qualify on or before the date vf the second regular meeTiny of the nevi council, or by reason of the death, resignation, removal from otfi�e, removal trorn the city, removal of a �varc; councilman from his ward, continuous ' absence from the city for more than three months, or con• viction of a felony, of any 'such person whether before or ' after his qualification, or by reason of the failure of any � councifman wiihout good cause to pe� form any of the duties of inembership in the council fora period of three months. In each such case, the council shail be resoluiion declare such ' vacany to exist and shali forthwith 'cail a special r.;ection to be held not less than 45 Jays nor more than 60 days from • the time such vacanry is declarzd. The �vinner of said election sha�t be yualified and take office imm2diateiy upon certifi- cation by the board ofi canvass and shall fill the unexpired term.' '" � �� Q �� E. The names of the judges of the election are as follows: WARD 1 - PRECINCT 1 Marilyn 6eck Nancy Londroche Marie Hughes Dorothe tlarleau Evelyn Podesn�a �JARD 1 - PREGINCT 2 Joyce N, t4cLellan Dorothy h1, liouck Shirl�y I:ohlan Patsy A. Register P9ary F, Sul l i van Carole Lueders 0 , 0 S7ATEh1ENT OF CANVASS MEETING OF P"ARCH 28, 1975 IJARD 1 -- PkECINCT 3 Velma Pinks Ardella ft. Buss Gloria R. Tvers Roseila A. Amar Sharon L. Hippen Dorothy A. fleule 4JARD 2 - PRECINCT 2 Jeanette L, h9icVialski Karen L. f3jorgo Katherine Scott Marian Smith A1 i ce f•9ari e Turner Helen C. Shaffer tdARD 3 - PRECINCT 1 Connie Sanuelson Naida Kruger Yvonne !A. Sprungman Qetty Qonine I,IARD 3 - PRECIfdCT 3 Helen lJ. Treuenfe7s Alice E. Blal�e Jean A. Jol�nson Sharon L. Reemtsma Jean Jackson Linda L. Tatley �J %'�/ �'/��'��-° � � COUNCILP1Aid - TIh1 F. GREiDER �� ' � �1��'� � _ . .� COUNCIL�'lAN - ED4!. � FI ZP.4TRICY. 4JARD 2 -- PRECIIdCT 1 Virginia E. Locker 8etty Brezny Rita Pierce Uoris P4. Kei�lers Gerri Engdahl 41ARD 2 - PRECINCT 3 Beverly J. Kinsman Jean t�1. 4Jagar Soja Erickson Juditf Engelbretson Mar]ys C. Lisowski Adeline L, Swanson bJARD 3 - PRECINCT 2 Patricia C. Dittes Darlene Vallin Alene F. Johnsor. 6arbara Gohman Dolores Christenson Diann Bonine tMYOR �- WILLI IU4 J. NEE . � � - _ � —`�-�.�,�",� '..a.�.± � --�..'� CUUVCILI��Of�1RN - �ARROLL A.I:UK •ISf:I S ��. r�� L_��. cou��c�r�AN _ , r PAGE 3 63 � { � , �: ;. `i � - .� � � �� b4 STATEMEPIT OF CANVASS MEETING OF MARCH 28, 1975 PAGE 4 MOTION by Councilwoman Kukowski to adopt the Statement of Canvass as previously listed. Secanded by Councilma� Fitzpatrick. Upon a voice vote, all voting aye, Councilman areider declared the motion carried unanimously. ADJOUNRMENT: MOTION by Councilman Star��alt to adjourn the Statement of Canvass Meeting of the Fridley City Council of March 28, 1975. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Councilman areider declared the meeting adjourned at 6:00 P.M. Respectfully Submitted, Nasim M. Qureshi Witliam �. Nee Acting Secretary Mayor Date Adopted '�. 0 0 0 � 1 i ' �� ' 1 ' � � ' � � i I � ' ' ' � ' ' ORDINANCE N0. AN ORDiNANCE TO AMEND CHAPTER 506, SECTION 506.05, REMOVAL, OF THE CITY CODE OF TFIE CITY OF FRIULEY The City Council of the City of Fridley does ordain as follows: Chapter 506 of the Fr�idley City Code is hereby amended to read as follows: SECTION 506.05 pt�y1��R�L SNOW REMOVAL - VIOLATION AND TOWING During the w�nter moni:hs, commencing �+ the first day of November of any year, to and includiny the first day of May of the following year, it shall be a violation for any person to stop, park, or leave stand�ing a vehicle on any street or high- way in such a manner as to im ede the plowin� and/or removal of any snow, ice, or waste on such street or highway. Whenever it shall be found necessary to the proper direction, control, or regulation of traffic or for the lop wing and/or the removal of snow, ice or ��aste, mai,ntenance or improvement of any highway or street to remove anS� vehicle standing on a high4�ray or street in the City, then any police officer is authorized to provid� for the removal of such vehicle ai�d have the same removed to the nearest convenient garage or otl�er plac� o� safety. Rny vehicle stopped, parked ar left standir�g o« any highway or street in violation o� law and removed as prov�ded herein above, may be removed upon order of a police officer and the cost of removal and storage of the same charged to the owner of the vehicle, as well as the person causing such viola�:ion. RDOPT�D QY T�iE CITY COUNCIL OF THE CI1'Y OF FRIDLEY THIS DAY OF A7TEST: 1975. CITY CLERK - MARVIN C. BRUNSEI_L First Reading: Second Reading: Publish........ MAYOR - WILL.IAi�� J. �JEE 1 �. CITY OF FRIDLEY PETITIUN COVER SHEET Petition No. 4-1975 Date Receiv ed April 23, 1975 object Removal of "No Parking" siqns alonQ Satellite Lane Northeast. Petition Checked By e , Percent Signing Referred to City Council Disposition Date ' PETITION • TO: The Honorable City Council o� Fridley, i�fiinnesota ' Whereas we are tax payina residents and/or owners of property locatecl at the below ' stated addresses on Satellite Lane 1\T. E. , we hereby respectfully submit a petition for removal of NO PARKING signs along Satellite Lane N. E. tSIG1T TURE t ADDRESS OWNER OR RESIDENT ! QC' �J�:�r�-�� 155-175-195 Satellite L'ane N. E. � Owner i1 ' ` � -'?��--- ' 155-175-195 5atellite Lane N. E. Owner ti �� _.� � I � �--. ' 155-175-1 5 Satellite Lane N E , ` 9 . Owne r �-` � �C� .G� � /�s ,Q� � ' �z'y.�- �r.�� >,,,,�-- ,� ' - ; ' � �� ' / �� . < < � � ^ ` � ,C,l, �l e. � e i�/�' ; ' � � � � ' '7 � j2 c. ' j } y . a � �� , � --.._._.. s �` l � �o� �.�Q�� -� '. � , ` � r � . �- � . y �-c!�r.'� ' � � �� , .. l�� , � '� - ,• �� ` / yv� a-�'�.c�.C`c� �� , �" ' _ ` `_` " > _ - ` ��% : �-�- .�.G � %�� '��"_�K�� %!� � , . ' �� ' � ¢ f i / � � s • i " ? � r ^ i ; ` ' �`•{-e�� "' � } `� ^`�'� � � , . . � � "`1'�_� � . ' � , + � f 2 r 1 ' � W�%��C� i l � R � . . . 1 1 + ' - � 7S ' . ; � . 1 � � � ' : � � �, . � , , , , � � /� �� -�1 �'-c�o v� �� ; ` 1 : `� � : ` �� $ i ss � � � �--� � n � � �1 ' . �..�.� �c� a ,�.. � � � l 5.s ��Y�%l�� z-� ' �� . 4 //, T I �,_/- �'/'✓', vc� 7%l+li' / �� -�C��/'a-FJ' i ��J �/t / � f � ,�.� � • '~? ' � k� � s : � � r� � 9 ' . i � � �� C . ? � �� c � :33 � }��,� .` , �� ' 'S j � � � � X�� ,�� .� �� ' ` � . , , � � , �. � , � s � � ;, 1 � - � o �( � ^ n /5� �Zlv� ,z� 1 � ; . - , � � - � — �'�.1� ��c.� � %s s �..��.�.��'�.� �1 � � �/�� . 1'LTIZ'IOiV . � TO: Thc �-Ior.orable City Council of Fridley, Minnesoia ' Whereas we are tax payinb residents and/or owners of ro ert located ai the belo p p Y w stated addresses on Saiellite Lane \T. E. , we hereby respecf.fully submit a petition for ' removal of NO PARKING signs alono Satellite Lane N. E. SIGNATURE ADDRESS Oti�T�TER OR RESIDi.NT , ,. � i ' - , � . ,. , ' /. ii i� � ! 5' � c t c ` v ' / , �. � r [ c � c f �....- ) C i �� if �. , / ' �. � f �i � � � �./ �� \ t ' -� `, "' < i� t' c� � a'u�.� ;�_,. � - ; - - ; p � � � �I Li , � . �� ; , / i �� << � v �� - � � _ � , 4 �, �,. �., ,.�/' ' ( r , P( �� !/ O ;; , ; 1 C c( JC � ' yo � G� rr' !/ �-��:�,��`_ .0 ,°�l% �' �M� _.,,` z�- "' ' �r << . � ir � r �i i� i� � � ; �'. , � ►� ii ' ' � _�c��Z.:PJ �� w L/ � ., ` ? . l/ l/ � V ' ; ; ; r �, �f ,'c �C �, � / � ' � } �� ' � � , '. ii � . ; v �-,,t, ,, � E f ,, ' � ; � � �` �C �� ` li'/' , � ,R !� � i�nr.r.��.. 1-.\ �.l __ ..._ __ 3 i� t� 1! ; , l � ��d'�%"'J'1'/ �i �� i� t� r << i� � s.� I' 1;;'1' I'1' IO N � TQ: The Honorable Ciiy Council of Fridley, Viinnesota � �hThereas we are ta� paying residenis and/or owners of prop�rty Iocated at the below stated addresses on Satellite Lane N. E. , we hereby respeetfully submit a petition for , rernoval of 1\TO PARKING si�ns along Satellite Lane N. E. SIGiTA.TU�2E ADDRESS OW\ER OR P,ESIDENT i 1 ; � � � � � � � > , � 1 .� � - � _ . �� _ � � -� `��/ � >, �5 = � - 1 ��'l .�.:� -c� � ,� s � � � ; , ; ��.� ��,, �� ' } �� ' �, , , ; , � ��'' � G ,,^ 2/ _ � �� ' � � ' ' v� � �;�� S rJ n�,�/�` ' �J� �(�t/ � ,� �_ l u' 1 �; � � z � �J � � : � � � �.� � � �� :�:e�� r r�,� .:� �� ; ; - ' J �GJ.)'�'�"� � % L Yy l � ) � �- ! � . i . . . 1 � 7 < . " � /� L 1 1 � � � � � ,/ . . . " ' `/ �' ,%� r`�' � � � ' i'�/ �.' �' t� c i 1 i j � � � - , . � .. ; i : ,. " ; , ' ' � � ' i ' � t t , ;, a ' 4 5 � � ' + r � S ; 1 �� ; � � • 1 � ' TO : , � � � FROM: CITY Of= FRI DLEY MEMORANDUM PJASIM M. QURESHI, CITY MANAGER MARI/IN C. BRUNSELL, ASST. CITY MGR./FIN. DIR. SU6JECT: ESCROLJ DEPOSITS -- BRIARDALE PLAT D�TE: APRIL 3, 1975 There apparently is a difference of opinion between the City of Fridley and Richard P�iller, the deue7oper of Briardale Addition, as to the disposition of the money deposi�ted ��aith the City of Fridley to cover storm sewer assessments. P�r. Richard Mi11er is of ihe opinion that this escrow money should be returned ' to him. I� is the position of the City Finance Department that the escrour funds tver� deposi ted ��i th the Ci ty of �ri dl ey for the express purpose of guaranteeing payment of the storm sewer assessm�nts in the ariardale Plat. ' That i s, to guara�tee that the developer and noi; the homeower tiaoul d i n fact pay these assessments. � , , � ' , , � � I am attaching the follawing background information: , Attachment A- A petition (agreen;ent) for aaproval of a plat regarding the Briardale Addition, dated the 17th of Aoril, 19?2. Attachmer�t B- Resolut;ion t�o. 73-1373, adop�ed by the City Council on June 4, 1973. Attachment C- A portion of Sectian 211 of the City Code relating to approval o-F pl �ts t�ri thi n the Ci ty of Fri dl ey. Rttachment D- Typicai agreement entered into between Richard Miller and home purchaser. Attachment E- Typical agreement entered into between Richal°d Miller and home purchaser. - Attachment F- Typical assessn;ent searcf�. It has always been the policy and the practice to use money deposited with the Gity of Fridley to cover pending assesssnents for the purpose of paying those assessi;�ents,thereby reducing the cost of the assessments to the homeowner. If Richard Mi11er's position is upheld on this matter, the question �;hen becomes as to what t�ras the pur;�ose of ti�e escrow deposits, If they are not to be used tn pay the storm sewer assessments, there Gvas little purpose in having the agreement entered into. 0 2 1''�. � r , r , � � ' TQ: �NASIP�I M. QURESHI , CITY P�11�(�lAGER SU[3J�C7: ESCRO.d QEPOSI�(S — Q[ZIARD,ALE PLA�T DATE: APRTL 3, 1975 PI�GE 2 . Even without an agreement, if �:he City Code is strictly enforced or complied w�ith, no escro��r agreement is necessary, in that the language of th� City Code is such that the dev�loper is required to guarantee payment o�f special , assessmen�i;s�. !�e also have the general pol i cy of the Ci ty acti ng as an escraw agent far funds pr�or to the time an assessment roll is adopted. This practice has b�en going on for fif�een years or more, ��her��, �che Ci �y ac�s �s an escrow ager►t holding funds �er�ding adoptlon of an assessmen�t ro11 by t'nz City Counci1, at t��hich tim� ihe funds ar�e used to pay th� assessrn�i�ts which have been ado�ted. Another factor is tlia�: if the City did have escro�� money that related to a , particulGr assessment, it would have been thc C�i�;y's pQlicy to inform a��y p�°ospecti ve buyer or any ather �i nterested party tl�at i'nere �xras i n Tact money on hand at thc City of Fr�idley to cover perEding assessm�nts. If in fact this. money can►�ot be used te cover this pend�ing assessment, or what now is an , approved assessemnt rol1, there prcbab�y t��i11 be other prohlems� i r 7he purpose of this memo is to seek direc�tion f rom the City Council as to whether ��e are to (a} refund ti�e escro��,r cleposits to Richard "-�iller; or (b) apply the escrow money against tf�e assessment ra17 as adopted by ihe City council for Sewer and 4later Project No. 11�.� Mca:sn ', � Attachments cc: City Council Virgil C. Herrick, City At�:orney ' ' , , � 2A � U z � w � J � A � Q T V � 1600 RICE CREEK ROAD / MINNEAPOLIS, MINNESOTA 65432 / AREA CODE 612 / 786•1600 Apri1 2, 1�75 City of Frfdle,y G�31 Uni versi �t,y Avenue N<,Eo Fri d1 ey, `�1 t1ilE�SOtd 55�3� Gentlemen, We woul d 1 i fce to request at thi s�ti r�e a refund of es crow mon�es paid to the City of Frid?ey for various lots in � the Sri ardal e P,ddi ti oi� i n the amour�t of �11, 420 0 26. On properties ��rhere the escro�r�d f�.�n�s are retur�ed to us, the C-i ty o�; Fri dl ey shoul d assess �cf�ese properti es in the norma1 fashiono I ��roul d appreci ate your promE�t at�e�rti on ia thi s matterP Thanfc you for your courtes,y, cooperat�� on a.nd a�tter�ti on o Sinc�rel- , , /,' � ��=�:--��. cs� l�chard No Mi l ler RNh1: cs d � � CITY �F' :'RIDL�Y PETITION COVER SNEET At�achment "A" Peti-ci�n No, 3-1972 Date Received April 17, 1972 object Petition for Approval of P�at - Lots 1, 2 and 3, B1ocl: 3, and Outl�ts 1 and 2, Cochran's Addition and now beinq divided into a proposed plat known as 6riardale, approximatel_y 12.8 acres ofi land. Petition Checked By Percen�t Signin� Keferred �to C�ty Council Date Disposi�cion � 2� . � ,„ �, ' � � � STATE QF MINi�k:SOTA � COUNTY Ur ANOi�A CITY OF FRZDLEY ) ) Attachment "Rr' PETITION I'OR APPROVl1L OF PLAT 2 D - :- ., . .. .' Richard I�1i11er I-iomes petztions t'rie City o� Fridley as follows : That Petitioner has i�.s offices at 1432 18'th Street N.t�f. , New Brightan, hfinnesota 55112. That �he Petitzoner is t�ie developer and Cantract of Deed fiolder of Lots l, 2, and 35 Block 3 and Outlots 1 and Z, Cochran's �ddition, and noil bein� di.vided into a proposed plat known as Briardale, approximately 12.8 acres o£ land substantially as shown on the attac��ed Exhibit "A", hereinafter called the Development.. . Tha� the app3.icant hereby petitior,� for the approval o£ the � Develnpment Plat. {�IHERE�IS, the Petztion�r propo5ed to develop for residential � purpases the Development by ezther sale of individual lot or lots only or sale of individual lots and homes; and ' ' WHEREAS, the Ca.ty must approve the Development and is responsible for the design and construction of public utilities and roads tiaithiz� its boundaries; and � WHEREAS, the City and the Peti�ioner zntend t}iat the development talce place in an orderl�r and pred.etermined manner; � NOW, THEREFORE, the Peti�ioner agxees as folloias, th�tt: ' � I. The complete roadcaay grades and lat gxades for the en.�tire Deve7.opment ��iI.I be subrnitted to the Ci.ty Engineer for approval. . '. ' � ' � ' � 2. The sanitary sewer system for the Develaprnen� wzll be designed such thai the mal�hoTe located at Rice Creek Road and Benjamin Stxeet wil.l determi.ne the exit point for the Development's sanitary s�i�er system. 3. The Lots 13, 14, 15, 16, and l7, Block 3 of the Development, ��rill be used as a retention basin �or storm sewer outlet for the Developr�ent is built. The City of Fridley a�rees to take tiincly action to �condemn ].and to the North of Rice Cre��; Road suf�icient tor tlie construction and operation�o� a storm se��er outlet for the proposed llevelopment. � , 0 � '� � ' � � ' � Attacnment ��A�� 4. $8.Q0 �er hundred sc�uare feet far the area af eact� lot, less the arnount assessed for storm sewer project (1106, will be placed in escrotir 1v'ith tlie City of I�ridley przor �o the time that the house is oc_cupied for residency. It is agreeci that until the final assessment for project #�06 has been determined, that the builder will escrow �3.00 per �iundred square feet far the area of each lot. This amount shall be adjusted so that the total of the final assessment tor project #106 and t�e amount placed zn escrow shall ec�ual �8.00 per }iundred squaxe feet. Tt is further understood that t}ie City of Fridley will not issue a tiaater meter until such escrow has been paid . by ihe developer. 5. The Petitioner agrees tliat t}i� canditions of this petition are to run with the property and be made binding upon all future owners of said Development��_and pursuant thereto. � � �Y / �� Dated: STATE OF MINNESOTA SS . COUNTY OF ANOI�.A � � � .,---�-�--_, �� ._,,� ;.: � _ r,a �v,. �1 i 11 e r ,2 � ,-� r • I ;i � I .I ' , On this /�� day of i�r.�<.: � , 1972, before me, a Notary . Public within and far said County, personall}� appeared Richard N. - Miller, to me personally knat�r�i, ��ho, being by me duly sworn he did ' say that he is the Petitioner named in the foregoinn �nstrument, and he acknowledged said i'nstxument to be his free act and deed. � � � . ' 0 f- ��--- � ' , }% �`� /f: • �• _! t;_ � . 1 . ,. ,, ,/;../.�.� s�� . �Notary Pu lic ��- , � . xMniv�nnnn�V,��^.�.\�•l�.1h/�/�.A�V•�i./.ni✓�v:� . . �'`�`"'"%::. V�ALT�R 1, hiUICkHY Acknowledged by the City of Fridley �;°Ft��t NOTARY ��,c -;�,�t;ESOT� � `?,�.� 4Y2s`ioCton Ceunty ,��I Comm. Expires Dec. 14, 1973 �..� � kVVWWVWvWJYJ�M�VVWVW�1'WWYWx by , (�� 'z.� ;�.v C �,�,�-.�� i - 0 � J Attach�nent "a" ' 2 F RESOLUTIOi�I N0. 7�-1�73 A RESOLUTION OUTLINING TIIE SpLUrI'ION TO TII� DRAIN/1GE PROT3I,LM IN TfiE �1RE� �'�EST OF 1'.I-i. #�`65, NOP�TH 0�� G�1�ZDENn, SOU'I'II OF iZTCE CIZL�;K AND E11ST OF FRIDLEY CTTY J�TMIT'S AND REQUIPING ESCROtiV h�ONI�S FOIt TIIE NF:b�! DEVE1,OPfi�L'-NT IN TIiIS �1REA . '�VHERE�S; in 1J61 the City Council o:� the City o:� 1�ridley presentec� a plan for a ste�xm sewer system in 1:liis area, and since then a number o� � times the Gity Council has revieti��ed the so.lution to the dxainage proU� c;m ' tvith the property o�aners of this area; and � WHEREAS, the �geileral response �xom ihe pxoper�ty o�aners has been not to install the sys�em at those times because of the spa:rsely developed , natuxe of the area and the prope�ty oi�ner's iziabzlzty to beax these �stox•m sewex �assessments; and _ ,�1�HEREAS, the :'rainage problems are bein� accentuatecl t�vith ihe adda.- tional development of the area; anc? . �WIiEREAS, the City feels it �vould not be feasible to stop any £uxihex development until the drainage system is installed; and WHEREAS, it will be a.dvisable �o require the developers and contx�actoxs to put nionies in escro�,� for the fui:ure storm se4oex cor_s�ruction sa -Y.l�at once they tell the potenti�.l home owner.s that�'a11 impxavements, includiiZg stoxm sewer, are in and paid for, that escrol�r mon:i.es would ta.l<e care o� the suUstantial `�ortion of �he storr� setiaer �.r�: r;tlie next fe �,r years . . � _ � � NOi1�, TIiERLS'O�tE, BE IT �R�SOLVED, by the Ci �y Caun.ci J. of .1.he City o� Fridley that: . . � . . , _ 1.. All lots within the pximary drainage area outl.ined on the . a�iached map, marked Exhibit "�", be xequir.ed to put monies in escrai� fox storm setiver l�efore the builcli.ng permit is issue�. 2. That �or each xesident;_al� �building s�.te tlie xec�uirecl escro�� wi17. be �500 and For a�tlier types of consfiruetion, the escxaw amount xeauixed �vil_1 bc $B per 100 sc�uaxe feet; due. ai�d payable at the time of issuance o� �he bui_1di_ng permit, less any stoxm se�Jer. assessmen� assess�:d agai�zst the pxopeziy. This escrow ar:ount wzll be used for any futur�e s�oxm sc:iaex devel.a�ment in this axea. ADOPTED BY TI-IE CTTY COL'NCIL OF T�iE CTTY OF FRIDLEY TI-IIS 4TH DAY OF JtTNE , � 973 . 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I? tr3iil�--` 7� ♦ ' r 1 TI i '•^- .J . •' � Z.�lt � � 57:77111'177 t - ti ~ ---��j " '" � > >>>��'e�t>>v��t� :-�� a o ,� y.,,,,,,_:__ �. r...'_� _ l _��. ' fVR�.� �-_ � .-_... . . -- � �' �� e �.: � . . i . .a. i : � �.. � . : ��Yl'; � wLC J � � LY."�;:�.�5 ' 3�� '�'.. y .� . ��.; . . . f\77'1)]1111l9� ._�_""';` I /I_. � ._._.. �-�_ _ �- ^�,�t� �'�,. �` , .- • ' .\. ,,��{F . �; .1�FiH� . A ✓l7�7\;�� i', p r F;. �lC �+ �.� O' :(�--- -----�.-._-�_._.._ � '�fT�i TE .� - \. .'��` �°� \ `�� r:F,a"y.;�� .�,_ � „'�� . , all �p>>� � � 'l.`�TL . �`; �� . � . �Lti�x}:a�t��• � � . 2G ' Attach;nent "Q" , D . JI ,, ' . __- � r ��-� ; � r :,� ti �:; �;,� , SUH � � - i �-� � - ` �✓ � • �1 - i`;�� ? t� .. rJ� � � ' �r ( ,1 ,�SLt1 �._ �—�.•'_�. ...� `'' � +:� �� I � .� - � 1 �u � , `lr-� . � `� ' g ' � � ., CR K.F �� 1 I� . '.i ' . F.LEu.� _�x`�"`.^.T� ��1':� � �:i�� I C .11 7I� y � 1 �I 1• � 1 t � S f `D15i Iq ��f} /�J r , ' . . � � ��{•('4 �• . r� a 1 C_J :. � _'r r�� `� -:r i f' , �F1 L� ti� �0 , 1 il j; . - �.____�_L' � `�i�.,_^.2�" 1�i�:11L_= ' �-• iiT Y� y � .�f�, h`, ��s� ' fi. .: L� � sJ , ; q` �- � � �J V� : � i� ... . h LpG\t �iS r ' ;.. .e � : i � �.. � �o y.�v �� f: . . pD , y. � i � �-- �, Q� , �F � ; • �' r �J�� _; �, � : {�E '� � t J ' � '� � -�.._ � - � , . . 1<� . � i ' .:::Z..i...,.i�.i?T.:�._ _ � . ��' � . i� 1�._`.a' � . . _, '._r� � `......\ ��-�t`r � rr.;•� ��. , ��_ , �i � , , - � � r--r;1 �-�-� t�`"-t� : �� .: ' � •---•r- � F � `' ;,°'� � : �.�—�,� -= ,. , ::'7"*� vs � I �1-� �c�_ � , _ ^- �_1_�� J;=� . : _ -g G � � "�i�`a�� T�''._._ �' � .a �i� l�_.; E CAitSOLIC ' � � i I r YS48�fa8J7ti. I IGN SCNOCL '' � a_.._�--'1i I � � — � . � , r-� , � � -' _...�. _. � ' - �1151i4:A:dl�an�nfnaif= � . . �' ��I � � ( .. � ' • i , _ % :'_��f- • ��"- ��== RICE CRE�K ST022-t S�,,;i?,� L1�7:tt;.Ci �--_ � ► -�.�.`. • S -;_,. , . . ''� Pxoject Tr 106 11ad. .;� •s�a.tir��.. . � .i ; �.�.�� ,. � ��: -� ��.�,F:ar ;� - .. ! - ^�, PX'�.ttla,Zj7 .�irE:c'1 t�.^']e2c�r�1'4;ca _ ; � • , :.•... '"'T?�� •------� �\),: ,�� ; -. _.. ' �i :�i: :(�5 - . � .ty.�r,r.f . t'�r�� r-, � „�'"�'1 , Pxe- -. ; -i : . . ,:; , secondaxy � �; .y�'. ' �` . ,� ..R.�,e.•�� . 121fCtl3�i►7CCA: , � . .. , .l �... ,:.� �f_•= �- • ~�.,, :;-.;,---{ ::. . I � `',.,,;., ,;�, . . :_,;: -- _. _ - - - - - - ��t: . ._ . �.t�__x `j-.. �- - =:L' ----- =--�-_-= , ... . ... . T.__� '+�""' l.: •c: .i :i .�"� �.r � Z � 0 �' . --- x � � � �•-- � . �� ►�• -- 1 Attachm�rt "G" 211.Q�. Required imj�ravements As a condition precedent to the approval of a finai plat the subdivider shall c�ive satisfactory assurance of ihc� installation of at least the foliowinc� improvements at his own expense,. within a period af tirne spacified by the Planninc� Gommission: 211.071. Grade Streafs . . � Grade ali stre�ts, alieys, and walks to specified c�rades and surface all streets and alleys in accordance with adopted pians and specifications for street and aliey surfacing. 211•072. install Underground Utilities lnstall water mains, storm and sanitary sewers and additional dra;nage facilifies, �vhere any oral) are reguired. , 211.073. Oif Street improvements Erect street name signs, sod bo�levard areas and plant at least t�a�o satisfactory street trees on each lot near the front !ot line, or in the boulevard area, whichever is specified by the City Manager. Grades shaff be set by the , City Engineer and improvements shall be according to previously or hereinafter estabiished stanciards and specifications by the Council. An escrow may be provided in tieu of the installations. ' 21i.074. Wa�ver . �. Required instailation of �vater mains and sanitary sewers may be tvaived rvhere it is found by the Planning Commission, with Council approval, that extension ot the municipal water system or connection to the existing sanitary sewer systerr, would be impractical in the immediate future, and ti�rhere zpproved individuai wells and sewage disposaf are proposed to serve lots of the renuired si2e under such conditions. � 211.075. Delay of Streets � Where water mains, storm and sanitary sewers and additional drainage facilities are to be installed, the required street improvemeRts may be deferred until after such installation. � 211.076. Cost of Improvement To cover the cost of such of these improvements as may noi have been com�leteci at the time of filiny the finat ptat, the subdivider may arrange: i. 7o furnish cash, a certified check or a surety bond, runnin� to �Fridley to secure the pe�formance af such instatlation by him �vithin a period of time as stipulated by the Counc'sl or to cover i»stallation by the City, or 2. 7o petition the Council to install such improvements, ttie entire cost of which to t�e fevied and certified as a special assessment, in �vhich case the subdivider sha11 agree in v�riting that in the interim b�ttiveen the tilinc� of the final plat and the certification of the speciaf assessment to the Ceunfy Audiior fhere tivill be no trar�ster of ownership of any part of the property platted without first depositing with the City an amount sufficient to cover the estimated proportionate amount of such assessment applicable to the lot or parcel of land transferred. 211.08. Pretiminary Plat . �' A preliminary plat shall be clearly and legibly drawn on tracinc� paper or tracinc� cloth of flood quality and all prints or copies thereof shall be clear and Icgible. The size of the tracing should be the same as the size used for the final piat. It sha�l b? of such scale preferably a scale of 1 inch equals 1 UO feet, as to show clearly all details thereot. A preliminary plat toc�ether 4vith s�ich accompanying sheets oF data artd other materiats as are needed for ihe purpose, shall show the following: 1 The proposed name of the subdivision, nor;h arrow, scale and date. 2. Names and addresses o! the o4vners, lien holders, subdivider, surveyor or engineer and desi47ner. 3. The boundary lines and dimensions of the land to bo subdivided and the locations of section corners and of 2H 211.U8 Requlred improvaments Grada Stroels � Under�round Utilitios Off Street Improvements Waiver Qe1ay Of Sfre�ts Cos# af Im roverneni � Pre1F►ninary Plat 211-7 ' , • , , , ,� � . , , ; , . u n , . . hn n t B , ��'�tt��c �e . . , ., . . , . 2 I _ "' . .' � SP=�CZAL tiSSESS'ac;,� � c ,1',GR�Eir��tir ... . . . , ' • . . ', . . ' '. ' � ,''� _ , • , : ; .. .� �.��',i�2��5 iii c'r,ara t�1 � i Ze�• 31o;�,es; �f;i chard �J. Mi 1 ier> Ta��ya� 3. 'ii 17 er, �:i tr�1r�I ', � 1�. ��;;i 1�� 'rice,es, Irc. anc/e� Ri cnard �;i 1 lF_•r, Inc. ,'r,e~t?�tild*ter Ne; e;�rec! �o. as �.. . Se�l�;•. arc; t�licnael.�_.__�.�bcLt�j., �^d Gar�a►�a f��. Ro��otti _�..__� •... �� ner�ira� ��r� re7errec� �o. as Uuy��'.f1dv2.�0�a;% CZ�S�J ttl2 sale or p'roUertf at : �, '' 1619 t�'oodsi de Cot�rt . ,' �ri d l ey en �oi �., i3l ock 1°, B►�.i arca7 e, . �... ,� �rd ,. . ; , . �; , ' , , , . , �.. .. '. • .'. ,: •h`�ri �:,5.. �il�' i0i�0'�iii^y SpeG�;'ai asses'srien�s�are IIQt•I �i T'2CC1"C,':tf1G5? S^''Cld� • .- ' • �Cr��SiiiCtl�S� 5eii1C� dS TO;�G`v�lS �`• � � �,�, t ' � . , • . . . � � , 'Sewer� Latera] s y $1,173 B� ' . ., •, tJate� & , , � � .. . t , � ' Stor�n' Se��er , ' : ' ' ' � 40.5.00 . . ' , , ' ; .. ` ' ,,� 6. 30 - � . � . - l��ater �& Se��rer' htains � • � .. ' � . � ' . ; St�rzet Surfaci ng , : . . , � 957:60 . ` • ' ., .� . � ' ,'y� � � . .. . •. ' •. ! ' •. .,. . . ,� � . , .' :.". . ....� .� �� .,. .. ^_ ',. ., ... .. .. .� _ _ ` • .. • 'i��•:� :!'i�:'�FOT't, :�1� CdnSTU'2fa�lOf; QT tn2 C'tOSI^g" cf �� transact»n a��. .Z� �. 0� i.�O CO':?1"�dr��S dt`,:i. Fr�iiscs �OF ,�;1F' �31^tl.�.'S fTc�.Y'�'CQ� .'$�� i�:" 311C1 i3Uyv�;^f , . _ . . � , :, .acii:.. 35.70��OWS. ; � ' � • y, ' . . , � . � . ,, . .. 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(i.e( �)s'. as iit�tli�I:t'c�l i!:�7n•��rK Cur b:� :�rh �1.' �'�i, r.r.dr.:�t 1�;�• .. y . :•:u�i ��•�•aad ��:�rtic�, �:�i�l u��!ice !o ix• in ::rcnn'.:;n�i• •.ei!ti� tl�o �t:�'u;e in .u,:i c:��• rc,•tv a�nt ;,rucid,.d. \citarr tLr rxt�.::•io•i n! �L•r �imi• . � ---_._..��. � � -----"--- � .. � �' 1! I ' , t - �:-..• �:. ; .._ . AttachmPnt ��F�� . 1 �,� �� .i . / , � :,�� 1��:�Z�T. Y��;',�UVi.�,�:hl�� ::.,, J,;�4:, . ��:z. r �. /�7. r/ a'—, _c�-.`' `_° '✓ � 2 �, ot� /�`bp r�..� �ii. �` ` • • rls;cc;L � • , y� i . '��. _ . °✓ , � ,� � �-�� .�;5"j��o? . . � . Ail. that trlct or parcc ot' lnnd ly�tnE an�d bcin£; in Ano?:a Coun�ty, 'rii.nnesota, •dencril�cJ � . ns £ollows, to wit; ��y /��• �j ,G?2CcYizc_✓�� (,r-�� ( >C/� . /L�z' ..-P�'-�sz-C•�, . 0��,�� -, �., � . . � . � .. �'tit� i.s to cci-tify t�i�e x have cxlmined t}ie recorJs in tt�e office o£ the City of • . ' 1'ridley, ;•fi.nnesota, and £iiid ct�:�t the .ibove described Cract or parcel of l�nd tias the fo].lo��ii�g in�provements indic:tt-ed Uf ctiecic mark; � �!ater ttai�i Sidewa?k Z! $trecC Surf. ;� Sewcr ;.ain � Curb & Cuttcr ' Allcy Pavira y k'ate� Lateral _ SCreet Grr.ding GJYv1j;C Coii. \(_ Sewcr Lateral /�,11ey Gradin^ Tarriii� SC. ��x Slonn Sewer � ) Street ,S�•'rin?;ling . . ��,� --G° � ��K�,'V l5�-��li'��!<'�-� , � (.t/ . I further certiiy that accorcLn;, to tne records of s�id o.:.ice, t�ie follo�•�ing assessmen�s zppear wipai8: . . , 0 Kind.ox Ii:�pv't. Ituns geginnicig Oii.�inal Total Amount , , _ : f�nou: : � Unpaid Subseq, • . � . . . to Curxent Yeaz� . Wzter ;:�in /5 Y=s• / �6 G $� ..�a �( ' j- �c��Q ' Se�rer :•.aS.n /�; �yrs. . / GO $ � $J - Sdater Latrral ,�U Yrs. / f��,2- $ � } s��.�L z.:ct,�-<<i �2 [J yrs . / 9'�� 1,30�/427 � tis l, /7�, 8_5— • . Sto:�n Sec;�r � �0 yrs. / $ /�.�rc5 Dp %G��; �U . Street Surfacin�, /�L '-�•rs. �� j $ /� �� S( D0 $ �J�- ---, c � C n � 7r c2, �`'�� a. %5' ,(�C.�c.� - z furthcr certify t!�at accorciind to the records of said ofiicc, tile folloiain� ir.±pxevcir,�:nL•s aYe pen�i.ng afLer liavii:� beer a1;proved and are no:a in the ��rocess of planr,iitg or cc�p?��io.:. Y.in� oi' Ii�provement ��t,G`7��-� ��Pi'cJ Appro�:. Date o£ App��ox. Cost oP • Co�:,p].etion xmprovement� ' . • � � � . �a%?�/� ( j/�� . � . : ..�o-�,cr,rJ o�� ,�C' /�` • � .. . (/ T.he reeorus referred to above arc p�Ulic recozd ; �nd may t>e znspected 'oy zitryonn durin� ' xeru2rx hu^iness }�ours. T}te ser�rcl� of tliese recor.d� ti;as Madc by tlie undersi.bn�d as a ' puUli.c �ervice on recj�iest'. Tile undersi£n��;l cerci,sicd t_hat, tlte lbove i�,dicated searc::c� were made �iic1 arc Uclicved to be accura�c, liowever., tlie uiiclersi.�iiec7 or the Cicy o� 1'ric,�ey doc.,: no� insurc the accu�acy of ttie above statemenCS and does not �ssiane lia�ility for erznzs and oruissions. ' . ' � . • , . . � 7.`iie bal<�ac.e foz• p�}v�ent of Specin7. Assess:«ents is pay� ble Lp Lo a:�d ir.cludi..t:g t!:e Z$t!; uay p� Yuvcr�bar of thc current ycar. , • •_ � Date : .� � �f day o€ O,C.� rr �„ . 19 ��^. � � IIy � ��_��' ��1 � . .• . , SL'liC AL AS5GSS;U:��T GLi:I'u� a TiII:?'.� xS A, $2.00 C11AP.G1i FOR N,L S°Ai�C:iI:S. � . , . ' ' ' � ' •, ' • � � narzcr•, . . � The unp::itJ b:�lincc ;;ItCILJR on C',hi.^, ' ' .^.cr.zcL is f.n n<iuicion to .�iiy rwio;�nt • . • for ::pcc:i.nl asscrs:;mcnl;c a�1,.:;itin£ ot • sho:.��t i��i any c�rrcnt or pr�v! oic: Cax � stc�tr.u�enL. 0 0 �, � . � �� i �' �_' � � � R. : Pl_ANNING CO��ilrISSION P�1EETING CI�LL TO ORDEf�: CITY OF FRIDLEY APRIL 9, 1975 Chairma►� Harris ca1lecl �the meefiiny to order at 8:00 P.f�1. ROLL GALL: PAGC 1 � P�1ember°s Pres�ni.: Narris, Lindblad, Drigans ��iembc�rs Al�sent: 131air Others Present: James Langenfeld, Ex-off�icio Mernber of the Planning Commission Darrel Cl ark= COfll!TlUlll t�� De\�� Oj�tll�ll��; I�C11111i11 Stl,a�tor APP�OUE PI_l1h;!�lING COftl�'�ISSTOid ��9INUTES: I',1ARCH 12, 197� 1�,OT.TOIV bt� Dr.iyans, seco��cied b� Tzndblad, th��t the P1ant�inq Comm.issivn approve i:he m.inui.-es oI t:l�cir_ M�r_ch 12, _2975 n�eet.ing a�' written. Upon a voice vote, all vot.ing aye, tl�e motion cai�r_i eci un�n_im.ausl y. APf'f�uVE PLAf��P�I«G COi�i�iISSIOid f�1ItiUTi:S: f�iARCH 19, 1975 MOZ'ION h�� Lir.dbJad, ��cci�ded }l:� 1`rigans, i�hat the Plann_i.ng Co�nmission appr_ove tl�c m_i.nute.s of their llarcll 19, J975 me�t.i��9 as iarit�te�1. Upon a voice �rote, a11 vot.in� aye, the motioll curried unat�itr�ously. RE,CEII�E E3UIl_DING STAf�dD,�1RL1S-DESIGf�! CONTROL SUBCOPi(�SITTEE hiIh�lUTES: M�,RCFI 6, 1975. 1�40TI.OIV by L.inc�blad. seconcied hy Dr.i-gans, t1��t the P1ann.i.ng Comm.i.ssion receicTe t1�e mi_nutc�s of the T3uilding Sta11d«rds-Design Contro3 Sul�corm7_i tte� meetznq of I�S�:i'c1� 6, 1975. Upon a voice votc, a11. vo�:iny aye, the motion cazz�.ied unanimousl�. r RECEIVE LOARD OF ArPE�LS SUBCOP�9��1IT1-EE P1INUT.ES: 1�1�RCN 11 y 197� l•10TIOIV b1 Dr�qans, seconded by I indZ�laa', thai= t_l�e P1ann.ing Commission recei.ve the m.inutes of the I�oard of. Z��pn_�1s Subcom.riiti�ee meeting af 1�1ar.�ch 11, 1975. Upon a voice voi:e, a_11 voting az)c, t1�c rnot�:on carried unanimous_1t�. (:ECEII�E C1TiZE(V GIKFIv'/tY C01�1f�1I�fTEE t�1IhU1"LS: F�SRUARY 26, 1�75 ,� 1�10�':CbN 1�v I,indb_iad, seconded bt� Driqans for discussion, that- the P.2anning Conun.�.sS1011 r.cceivc t�he minutes of i;he Citi�en Z'-ikei��ay Cormrittee �ne�t.ing of Fc?1��,uar.y 26, 1975. ' � ' ' � h1r. Dric�ans said there was a statemen�: ori the 1ast paqe of these minutes that the 32 miles ofi i;rails would cosi about �>�4U0,000. He asked if this vras the pro�osed cost? Tl�e recording secretary said that cV�anges had bcen made in the proposal ai�d the culvert had been dropped from i:he plan, so the cos•t figuf�e ��as �232,000 plus. UPON A VOI�CI' VOTE, a11 voting aye, the mo�iori caz'ried una��imousZy. RGCEIUC CITIZCN QIKEIJAY COP�1MITTCC MINUTES: h1ARCli 5, 1975 rioTrbrv by Lindblad, seconded U�) Drigans, that the Plar�ning Commission receive i�he mznutes ��' the C.iLizen Bike��a�1 Conunittcc� mc�cting vf rlarch 5, 1975. � � 3A Pl anni ng Commi ss i on Meeti ng - A_pri l 9, 1975 PaQe 2 � � ' CJ Mr. Lar�yenfel d sai d he ��oul d 1 i F:e to bri ng to everyone's attenti on the thi rd paragra�h i'rom the botto��i of Page 2 of these rninutes where Mrs. Slater asked wher•e all this money was coming from. Mr. Harris said that Mr. 3oardman said the Bikeway Commit�;ee was recommending about a dozen funding sources and were not recommendiny that ii be added to real estate taxes. Mr. Langenfeld said that on paqe 3 of these minu�:es they vrei°e discussing the Is7ands of Peace. He said he wondered if they were goiny to have bikevaays in this area, alony with peop1e in ��heelchairs. P1r. Harris said the bikeroute would end in the pai�king area of the Islands of Peace and �:here ��aouldn't be any bike��rays or bi kes a 11 o��led i n the area i�:sel f. .UPON a voic� vote, a11 voting aye, the motion carried unanimously. ' RECEIVE ENVIRONMC(�1TI1L QUALITY CO��1ISSION MINUTES: 1�1ARCH 18, 1975 ' MOTION b� Driyans, seconded by Lindblad, t-hat_ tlie Planning Commission receive � the minutes of the Environmental Qualit� Commi�sion meeting of r9arch 18, 197 . Mr. Langenfeld said a resolution had been sut�mitted to the City Council for the , City of F�°idley to be the model ordinance coi�iii�unity and the resolution did pass, 1nd �vas being sent to the Si:ate Commission, and they ��rill immediately draw up a rough •� draft for the Commission to work with. ��r. Drigans asked if it was going to cost � the City anything for the State Environmental Qua�ity Council �;o come out and assist us. ��1r. Lanaenfeld said the only cost would be for the staff person ti��ho would t,�ark with the State. ' UPON A VOICE VOTE, a11 voiing aye, the motion carried unanimously. RECFIVE PARYS & RECREATIDN COh9P�iISSION SUBCOt,i�1ITTEE MIhUTES: �iARGH 24, 1975 l�IOTION �y Drigans, seconded by Lindblad, thai tlie Planning Cotrvnission receive the minutes of the Parks & Reci'eat.ion Commission Su3�committee meetiny of llarch 24, .Z975. Upo�� a vaice vote, a11 voting a�e, th� motion carr.zed •unanimvusl�. RECEIVE 6UILDING STANDARDS-DESIGN CONTROL SU(3COMMITTEE t�fINUTES: MARCN 20, 1975 A70TION by Lindb�ad, seconded b� Drigans, that the Planning Commission receive the minutes of th� I3uildirzg Standaz�ds-Desiql� Control Subcommittee meeting of March 20, 1975. Uj�011 a voice vote, a11 votinq aye, the mot-ior� carried unanimously. RECCIVE Q0�1RD OF APPEALS SU[�CO�V�1ITTFF MINUTES: APRIL 1, 1975 h10TION b� n.�-igar�s, seconded by Iindblad, that the Plannzny Commission receive - the minutes oi the Board of Appeals Subcommittee meeting of Apri1 1, 1975. Upon a voice vote, a11 voting aye, the motior� carried unanimotisly. Chairman Flarris said that the first two items on the agenda could be quite ]engthy, and if there was someone in the audience to represent the North Suburban Nospital District, 1:hey could handle their request first. Tf�ere was no response. MOTION by f�indblad, seconded b� Drzgans, to adopt the agenda as written. Upon a voice vo�e, a11 voting aye, the motion carried unanimously. ' � _ ' • P a e 3 � � Plannir�Comrnission Meetinc�_ �pri1 9, 1975 ' 1. PUI�L�C IICA(�II�('a: RE7_OfJING_RE(IUFST, 7011 t75-02, QY I�JYMAN SP�ITH, ATTORNEY FOR T � � RICII��RD f�OULITLKF AND TIIf (-fzIDLEY f ROPl�1�IER CLUQ: To rezone from� C-1 (local busit�ess areas) i;c C-2 �general business areas , Lot 1, alock 1, Walnut Addition, ' i;o bring the existing use of i:he property into a uses permii:�;ed category of the City Zoning Code, �;he same being 7365 Central Avenue N.E. 1�1r. �•iark Hagger�ty, Attorney, explained that he ��as re�Tacing ldyman S��ith at this meel;ing as Mr. Smith was ill. MOTIOIJ by Drig�ns, seconded by Lindb]_ad, thai tl�e Plannil�g Commission open the Pub1_ic Hearir�q ol� the reroning reque_st, 7,OA #75-0"L, by Gdyrnan Smith, Attorney for Richa.-d Povlitzl:e and the 1'r.idley Frontier C1ub. Upon a voice vote, a1.1 voting aye, Chair.mail I�arris decl.ared t:h� Public Ilearing vpen at t3:22 P.M• Mr. Darrel cla►•I: said that this rezoning request ��as from one commercial zoning district into ano�her commercial zoning distric�.. The reason for this request �•aas b2cause the com�nc �ci al area i n�:�hi ch thi s bu�; ness was novr zoned does not a i 1 ova bars and t;avern. If any ore 4das ��rord�ring �,�hy this business t�1as already there, it ��as because it 1-�as there before the z�ning ordinance v�as ado{�ted by the City of Fridley, therefore, it was a legal i�on-conforming use. It can remain so as long as it ��Jas not expanded in size and runs cantinuous as the same us�. Mr. Clark said that in order �.o clarify this, he would read some of the uses p�rmiti;ed in a C-1 and C-1S District and a C-2, C-2S Distr�ict. He said first he would lisi: what.coulcl be in a C-1 and C-1S District which are local business areas. It allot�s such things as: 1) Retail stores and shops and small scrvice businesses such as: art'shops, professicnal studios, clothing, drug, gt,ocery, rruit, meat, veteta�le, confectionury, ��ardti,�are, sporting goods, statioi�ery, music> variety and notion stores, household appiiances5 fixture and furnishing s�ores ai�d repair shops in connec�l:ion therewith; stores and shops for barbers, L�eauticians, cabin�t. makers, electricians, jel��elers, �ti�atchmakers, locksmiths, painters, plumbers, shoemakers, tai1ors, �ressmakers, clothes pressers, job printers, blueprinters, photoc�raphers. 2) Bakeries, cafes, con�iectioneries, and ice cream and soft d�"1t1IC, shops, inc1uding the prepara�tion of food products for retail sa1e �from their s�ites only. 3} Liquor stores se��ing packaged goods. 4) Radio and television offices and studios, exclucling radio or televis�ion transmission towers. 5) Theaters,� lodges and assembly facilities having a seai;ing capacity of less than 300 persons, but not including ou�tdoor theat:ers. 6) Oifices, includinq business and professional. 7) Sale of farm and c�arden products. 8) O�h�r retail st�res and shops, offices and small businesses catering to neic�hhorhood patronage, and similar in character �o those enumera�:ed lbove. Mr. Glar�k said these ��rere the permitted uses in a C-1 and C-1S Disi:rict. He said the permitted uses in a C-2 and C-2S District (�°neral business and shopping �reas} were business establishments that were retail or service es�ablish- ments which deal directly with the customer for whom t{�e goods or services are furnished a�id they �,�ere: Qrug stores, Nardware stores, Department stores, Qakeries, Qars, taverns, Household equipment repaar shops, Florist shops, Commercial recreation, Resta�n�ants, excluding "drive-�ns, Notels, motels, Theaters, lodges, assembly halls, auditoriums, Hospitals, clinics, nursing homes, convalescent homes, homes for the elderly, Offices, including business and {�rofessional, Vocational trade schools, Laboratories, medical, dental �nd optical, and harmless and inoffensive laboratories lccessory to permitted uses, in the same building, and other retail or wholesale sales or service uses which are similar in character to those enumerated above, t�ill not be danc�erous or other�vise deti°imen�;al to persons residinq or working in the Vicinity thereof, or to the public welfare, and will not ii�i4�air the use, enjoyment � ' !J �J � �. ' , ' ' CJ ' ' , ' - 1 LJ � Piannii� Com�n�ission Meetinc� - Apri] 9, 1975 pa��e 4 or� value of any property, l�ut not including any uses excluded�hereinafiter. r�,� . are: a} and pool serving He sa�i d a n d ��1- 2 3C ClarF: said �that going back �:o the C-1 and•G-1S District, the uses exclucled Co�rn��erci�l recrea�;ion uses such as amusement parks, bowling alleys, billilyd halls, dance f�alls and skatir�g rinks. b) Taverns, beer gardens or bars any alcoholic beverages on the premises. c) Mortuaries. d) Used car iots. uses excluded in C-1, C-1S and C-2 and C-2S ti�rere any use permitted in h1-1 Districi:s and any use excluded from M-1 or M-2 Disi;ricts. Mr. Clark said i;hat if the property were rezoned to C-2 it would be a use conforming to the uses perinitted section of the City Code. 1�1r. Clark passed out some capies of the history of the site taken from legal records of the City. He said the long legal sheets ��aerecopies taken from records of Council minutes of the year 1957. He said he didn't think they had to be read, i�t t�das jus't to indicat� that ��hat ti�ras taken from the records ��ras officially be�Fore the Council. ThE minutes are ir,om February 28, i957, ar�d they sl�oi�r that th,• Cii;y Council authorized the City Manager to terrninate the lease agreement with Bob Car-Ison, the o�vrier of the building at 7365 Centra1 Avenue N.E. for an on-sale operation. At thut same meeting, the Council authorized the City (�1anager to enter into an agrce- ment �•�i1;h h1r. h1acf<ensie to rent City equipment a�t the liquor dis}�ei�sary at 73b5 Central l�venue fd. L". The equi pment i nvol ved ��ras some. on-sal e bar equi pment. Ai; the same mee�;ing the Council approved licenses for cigarette, tavern operation, non- intoxicating malt liquor and cafe operation to Mr. Gliff L. f�lacKenzie. If you are wondering why this was being read into the minutes, it was because the City leased a portion of the building, prior �:o the Council meecing of February 1957, for both an on-sale and off-sale liquor operation. As of that date, or shorly afterward, i-c becam� a private enterprise, as fa.r as i;he dispensing of beer> and perhaps set-ups, although the records do noi; sho�� that thcy had set-ups. The City continued to kee� the of-f-sale operation until February 15, 1964. As far as �Jha�: ��aas knot�rn today as the Fri dl ey Fronti er Cl ub ; f � a�� 1957 to 195f3, C1 i f�ford 1�1acKenzi e hel d the beer 1 i cer�se Robert Haskvitz held it in 1959 a��d 60. Tt was h�ld by the F;�idley American Legion in 19G0 and 1961. In 1961 and 1962, it changed hands t��ice,•from Norman Alberice to Joseph h1orris, fians Nansen held the �cer license in 1962 and 1963, and in 1963 ta 1965 the license t��as held by P�larlene Povlitzke, and has continued unct�r Povlitzl<e ownership to the pt°esent time. � h1r. Clark said that as far as the parcel involved, the frontage along Central Avenue was 151 feet and �;he frontage along Onandaga was 257 feet making a total of 3II,675 square feet. �1r. Clark said the zoning in the surrounding area shoti��s that di lgonally across the street there ��ras an exi sti ng �:rai 1 er park, di rectly across tf�e street there ��Jas M-1 zoning ��rhich was occupied by a light manufacturing plant and ice inanufact�tring plan�. The corner of 73 1/:° �znd Central has a used auto parts store, and between 73rd and 73 1/2 it was zoned coi»n�c�cial and was presently occupied by a service sta�;ion. Across i:he street from the ser�vice station on the south side of 73rd t,ras an inclustrial warehouse on some industrially zoned property, M-1. The soutl�elst quad►,ant of the intersection of 73rd was occupied by Onan. The northeast part of the int:ersection, he would call vacant, althaugh the remains of a basement are on �;his property, and belongs to the American I�egion. Right between that and the Frontier Club ti�fas an existing house ti�at was being occupied as a house. Across the street from �:}�e Frontier Club on Onondaga, there was some vacant commercial property, and just north of tl�at i;here was a vacant lat zoned C-1S. The north side of Fireside was occupied by a vacant piano s�ore, zoned commercial, and nor`th of thai; there was R-1 property with single family dwellings, th1i; have been built in the last t��ro or three years. North of tP�e trailer park thcre was industrial zoned property that was vacant. From 75th north on the east side of Central, was occ�rpied by single family � plann�i�g Commission Meeting - April 9,_1975 _ ' Pac�e 5 3D � homes. To th� east of the subject properl:y, there was a small sliver of land that will r,emain C-1. The balance of �:he property was zoned R-1 and was occu��ied by sing�e family homes as far as Stinson [31vd. There are two or �;hree apart�T�ent � build�ings on 73rd across from Onan's, but the balance of this property was basically sinyle family dvre1lings. He said th�re uras comrnerc�ia�l property along Central Avenue ncar Osborne Road. f�e said the his�:ory of the zoning of the prorert:y tha� ��as under discussion, and the zoning in the entire area, had r�emained basically � the sarne since the year the zoning ot�dinance vras adopted vJVll•Ch a,�us January 1956. CJ , � �J ' , ' ' ' � � L_J � Mr. Clark pui: on the screen a plot plan of the proper�y sho��ring that the parking t�as in the froni; and rear oF the structure. He said �:his area was all blacktopped <it i:he presen�: time, b«t if improverients arere made �;o the struct«re, or the occupancy t�rithin the build�ing, i�re would ��ant so�»e green area. along the 151 feet along Centra1 Avenue and the 257 feet along Onondaga, ti�ri�:h parkiny to th� rear of the building. h1r. Mark Fiaggerty saicf he thought ifr. Clark had given an excellent history of the property in c��stion. I-le thought the point that should be most apparen� was tha� this par'cicular area t�ras zoneci, ai�d hadn't b�en changed, since 1956, ��nd sub•- sequent to thai;, thi s parti cu 1 ar area had bee�� used by the Ci ty of Fri dl ey as ai� on and off sa1e liquor establishr�ent, which ��as the old municipal liquor store, so to speak. It ��aas con�Lin«ed as an off-sale liquor store by the City until 1y64�. Ever since 1950, ti�is particular piece of property has been used i`or on sale and off sale at varioustimes, and has been continued as a beer garden or a 3.2 beer establishment5 up to the present time. H� said tha�; as you are very much avaare, we have becn applying fora liquorlicerise since November of 1974. l�Je have made repeated applica�ions to the Ci ty Counci 1, and i n the 1 atter part of Feb��uary or the mi ddl e of f�tarch s�ve were �iniormed for the first time, of this zoning problem. Our firm v,�as unaware ef i t, f�ir. PGV1 i tzi:e vaas una��Jdi�e cf i t, the Ci ty Cou�-�c71 vaas un�v��are of i t, and obvio«s1y �the City Policc Department and the Plann�inc� Commission were una4,�are of it. The po�ir��. he t��as maki ng ��as tha� i f there 44�as a probl em there, i t was creati ng a tremeridous hardshi p on hi s cl i ent. I-I� sai,d he �-aas of the opi i��i on that thi s property had been useci as a liquor establish��ent for near�ly ?_0 ye��rs, even if it t�,�as a legal non- confor��ing use, and 4�,�as specifically exc1uded from C--1 zonin�. If f�1r. Povlitzke ever �•,anted to sell %his pr�op�rty, tf�e fact that i.his was in ihe wrong zoning, vro�,ld reduce tl�e value of the property, a��d this vdould be a hardship on his c1ient. He thought it ��das absalutely imperative ti�at this prcperty be rezoned. He said they ��d . a1so made applicat�ion to the 6oard of �'�ppeals, whei�her that �:�ould make any difference at fhis time. He said that �ti�f;at he tti�as requestin� at this tin�e ��tas that the rezon-ii�g request be approved, so Mr. Povlitzke can go on with his requiremen�:s, and coi�tinue llll��l�ovi ng the premi ses , and conti i�ue hi s aE�pl i cati on 7=or a 1 i quor 1 i cense. He ��1as sure that the peti �;i oner ��roul d acaree to any ��equi ren�ents necessary to get thi s rezon- ing approv�d. He said �;hat before he ��ent any further, he would like to ask if there was any one in tf�e audience ��aho abjec�;ed to this pi�operi;y being rezoned. There u��s no response. He said that evei°yone in the ai°ea had been notified of this request, and no one tvas present to protest this zoning change. He said the only thing that was really being changed were the record books. Mr. Harris said the Planning Commission had receiv�d a letter from Chester L. Cole of 1382 Ononda�a Street and he would let Mr. Haggerty read the letter before the P1 a�nni ng Conm�i ssion received i t. . MOTIDN b� Lindblad, ' 1382 Onondaga Street N.E. aye, Chairman Narris read seconded by Di'igans, t11at the letter from Chester L. Co.Ze, be read into i:he minutes. Upon a voice vote, aZ1 votinq t:he lettcr. Mr. Narris said this letter was written to the Plannin� Commission to the ' attention of Mr. Clark. The letter was as follows: With rcgard to the 11pri1 9 ■ � 3E � Planniny Commission Meeting - April 9, 1975 �ag� 6 r--, '� � � � � , ' � � �� I � ' � � �� !� �'�, ' II:00 P. h1. meeti ng of the Pl anni ng Comm�i ssi on �o consi der 4�Jyman Srni th's request for Itichard Povlitzke and i:he Fridley I=rontier Club, Inc., to rezone from C-1 to C-2, ��de are deiinitely nat in favor of your mak�ing this change. /�lso, we wouid request no�arki� signs on our streei; - not resident ar•H:in� o�. t�le have difficult,y backing into t{ie street wl�en the pa�;rons to the al�ove cluu park on our s�:reet. /11so, the verbal exchanges fi°equer,tly heard in the early hours (both summer and ��inter) would be less annoyiny if parking ��ras noi on a residential street. Doesn't Fridley's code include adcqua�;e �ark�ing rcgulations for each business to off-str�et parking mus-t be proviued: Than{; you for giving consideration to our opinion and desire, Sincer�ly yours, I�1r. & P�1rs. Chester L. Cole. Mr. Haggerty said,tha�: it seemed tha�; his only objection was the parking on tf�e si;reet itself. Fle said that �if i:hat �;�as a problem, and he had discussed this v�ith his cl�ient, they could provide addifi.ional parF;inc� by purchasing property across the streit �for t�11S purpose. fle said tha�: this ��as �Lhe first time they had �een maue aware o i thi s par�i cu 1 ar probl em, and they �•�oul ci be wi 11 i ng to si t doti��n u�i th th� Planning Commiss�ion and solve this problem in � ny �vay the Planning Comm�ission saG�� fii;. He said they �aould try i:o accommodai:e �1r. Cole �n any vray �:hey could. , Mr. C1arN: said the reason there ��as a sliver of C-1 property east of the Fro«tier Club 4�ras because this area �ti�as zoned before it v�as platted. T�; vras pla.tted aboui; 10 years ago by t��r. Carlson into lJalnut Addition and the lot 1ines did not follovr �:he zoning lines. Mr. Clarl: said there was reference made thatMr. Povlitzke ��ould have a problc�m selling �:his property iar�en it was a legal non-conforming «se. If he sold it to someone to be used just the same as it vdas �being used no4v, it could coni;inue as it was, or it co�ld be used for a lesser use. . Mr. {-{aggerty said that hir. Povlitzke had invest�d over �7Q0,000 in this propc�rty ovet, a peri od of years 4�Ji th the i nt�nt that som�c(ay he woul d I�ave a ful 1 1 i quor 1�i c�nse. He has developed a business, a clie��iele, and he has said that heu�ants �o improve the business by pu�:ting in ?arger tables, imurove i:he ex�erior and tf�e parking area. I�c said he thougl�t this ttirould be an improven;ent tha.t �v�uld affecL the entire area. 1�1i-i;h his investment, there ti��as the fact �:f�at after this a��ea v�as zoned C-1, �he City of Fridley had an on-sale liquor establishment at this 1ocation.. Ne granted �;hat it ��aas some time since the City had used �ii -for this pu��pose, t�iat it has al�-aays been used at 1 east as a 3. 2 1 i quor es tabl i sf�ment. He tho.�.ight that at �thi s 1 ate date, I�lr. Povl i��zke shou�ld be gi�len consideration for the investment he I�ad made, for the good will h� has es�Lablished, Und for the general improven,ent to the area if this rezoning ��as allo�,�red. Mr. Lindblad said that 4�ith all tf�e information that had been presented, alonc� ►�vi th the fact that �•ri th so many peopl e bei ng not�i fi ed of thi s reques�;, and there �-;as no one het�e in opposition to this rec�uesi;, he titi�as in favor of reccmnie,iding approval of �:his request for rezoning. h1r. Drigans asi<ed Mr. Clark thai if the rezoning was granted, would there be any additional set�ack re�uirements or any vari�nces needed. Mr. Clark said the setl�ack requirements were the same in C-1 and C-2, so a zoning change �vould noL affect these requirements. Mr. Dric�ans said that as he understands this request, the petitioner was askiny for this rezoning because it was discovered thai; this vaas a legal non-conforming use, yet hi s ul timai:e �oal �aas i:o establ i sh a restaurant t��pe of establ i shmeni;, t�vhi ch ��ras i�ot consisi:�-�nt with the present zoninc�. h1r. Ilaggerty said this could be phrased in a number of ways, bui: now that it had been brought to 1;he ati:ention of the Ci�;y ti;��t this business 4Jc3S a leg�11 I1011—COnfQY'111111c� use, it had caused problems for his elient. � .. .. � r- ' � ' ' ' ' ' , fJ ' � i' � r— � ' ' ' � � P1 anni ny Commi ssi on I�feci;�i nq - Api'� 1 9, 1975 Paae 7 Ne said that �,�hen Mr. Povlitzke called the Ci�:y and asked if he cauld put in pool tab1es, and i�hey indicated that a•re could not do this, it made us anticipate a lo�; of problems. In order to avoid these problems> in ordcr to prevenl; Mr. Pavlitzke from having to call �;he Cii:y every time he ��nts to make•some change in his operation, because of the present zoniny, this property should.be rezoned. He said the only changes that 4•�ould come from this rezoning vrould be �:hat the building vdould be improved. We are only requesting that the zoning conform to the use i;l�is building has ��ad ror over 20 years. t�r. Driqans said pool tabl�s i�rould not be in violation of this zoning, only billiards and pool halls are exc1uded from this zoning. P�1r. Haggerty said he agreea, but i�rhat he �-,as d�iscussir�g were the technical interpretations �;hat brought up difficul- ties for ffr. Povl itzke. He said he uras noi: say�i��g the f4r. Povlitzke vrould have problems, or that legal1y he should have, but this ��as a possibility, and in order to avoid this prob1em, as a�ell as fut�re problems, he felt this area should be rezoned. Mr. Drigans said that ��ahat the Planning Commission had to consider ��as if it was pruden�: comn�unity plann�ing to locate a restaurant establishment adjacent to a residential a��ea, an estUbl�ishment that could have a noon day luncheon that could feature lingerie sho��rss �for instance, the problem of par{:ing for a supper club type o�F establishm�nt in a residential area. He said i:ha�; the case 1�1r. I-laggerty had stated ��,as that this business had al4vays been there and that it had alv,�ays been a liquor establishrnent. ��ir. Grigans said he felt this had been a neighborhood establish- ment as opposed to a more open restaurant establishment. 7his was the difference that he could see. Mr. Povliz�;e said he I�ad sorr� of tf�e best entertainment in the T��vin City area, and had a�7,C00 band for a night, and he dicin't think this could be considered a neighborhood establishment. � Mr. Povlitzke said he bought �;his property as a bar, and it vdas a liquor establishmer�: before, so who made the error. He asked if he made the error or did the Ci ty mal:e the error. Mr. Haggerty said he though� �;here ��ras just unai�areness on the subject of the proper zoning. He said that !�1r. Drigai�s had sta�ted t}�at; this was bordering a residential area, and if you look a�t the zoning map, the �facts, ii' you want to get technical about it �•�as that this property t�,�as completely surrounded by a commercial and ind�istrial area, except -for the property to the east. Ne said he knew i;hat in other ��eas of Fridiey there �vere restaurant areas tha�; border residential areas. He said a case in point would be h1r. St;eak and.�the other food establishments in that same area thai: border on resident�ial prope��ty. F{e didn't think the chanc�e Mr. Drigans ��as envisioning ��as going to be that much of a change. As far as the number of people �vho would be frequenting this operat�ion, h1r. Povlizke has already mentioned that he wanted to have larc�er tables, and h� wanted to bring in pool tables or other means of entertai nment. Thi s ti-doul d reduce the number of �eopl e who ��voul d be coi»ing into this establishmeni:. If the Planning Commission was worried abou�: the traffic ar�d parhing �roblem, he said they ti��erc willing to negotiai:e or attempt to urchase more property in the general vicini�:y. Ne said he appreciated the concerns �he Planning. Gommission� might have, but he didn't think there should be so much concern thai: it should prevent them from recommending approval of this request for rezoniny. ' Mr. Drigans said he had another concern �-aith this type of;esi.ablishment being next to a resideni.ial area, and i:hai: was the police pr�oblern. He wondered what type.of pf°oblem we have wiih this establ�ishment, noi; i:h1t we didn't have problems with al�i such establishments, and he would like to know.ti�e history of this operation. � " ' Pag� � • � G Planninc�Commission Meetinq - 1lpril 9, 1975 ' Mr. Haggerty said it was ti�e same �rs any esi;ab1ishment of this type. There were a number of times thai; the pol i ce l��ave had to be ca i 1 ed i n vrhen some one aaas disorder°ly or had bec.ome ini:oxicated. He saia his client had been insi;►�ucted that ' any time there vras any problem that he should call �;he police. This was what h� had done, and the police have come. He said tf�at he had cal1ed the pol�ice as a sort of protective policing, in that they are called before a situation got out of control. I1e saicl he i;houyht the police had done a fine job for the Fror�tier Clu!:� and ' he felt that. any such estab�ishment ��rould have a record of calling the police, at least a few times. � � , 1 , � ' � ' � � �J � � i� ' Mr. Povlitzke said he felt i;hat Sandee's was in a more residential area than tl�e F�rontier Cl�b, and they have a liquor l�icense. Mr. liagyerty sai d tha�: ��ir. Povl i zke vrants to improve hi s establ i shment. He �•aants to make it; more enjoyable for his pa�;rons, irnprove the exi;er�ior, improve i.he park�iny area, and Mr. Cl ark has men�;ioned thai they ��rant a. green area ��i th 1 andscapi nq. f-{e said they ��an�ed '�o �^�ork Gvi�:h the Cii;y to improve tt�e areu. t�r. Povlitzke said that in an establishment such as h�is wl�ere you sell set-ups, you do not have much control. So.nL one ca.n buy a bottle of beer and drink a quar-c of liquor vrith it, v,�hich i�ras unconi;roliable. He said you t-�ould have much more car��-rol when you sell i:he liquo��. He said there was quite a di�ference in the clieni;e1e o�f a beer establ7 shmen� ar�d a�I iquor establ i shr�er�t.. frr. Langenfeld said tha�; i�i tl�e Council minutes o�f January 13, 1975, Mr. PavlitZke was asl;edt��hat he fel t the an�ounl; of tfie investmant v��oul d be and Mr. Povl i zl:e had ans�•�ered tl�at ii; arould �e abo�t �50,000. •!-ie t<�as �hen asked if tivl�en this i��as dot.e, �•�oul d thi s end up to be a ni ght cl ub, and P1r. Povl i zke i��d ans�r�ered yes, i t �-�ou1 ci be 1ike tt�ie SP�ore�-��ood Lounc�e. iYir. Lat�gen-field said f.h�t in regard to that stateme,it, if �1r. Pavlitzke was going to-have food, danc�ing, ent�ri;ainment, pool �;ables, etc., it ��ras hard i,o vi sual �i z� i:hat ,there v;cul d be that muc{� a�'�e� to hav� al l these �h � nns. He would like to have P�1r. I{aggeri.y give input on ti�a�i, bas'is. Mr. I�aggcrty saiG I�c t�ould a�k his client to elaborat� more on what he ��das propos�ing. Mr. Povlizki said he used ShorevJOOd Lour,ge as an example o�= �-��here they have food, enterta�in�n�nt and liquo� . He said he didn't mean he ��,��s going to have indiv�ici�al rooms like Shore�-roatl had. It could be all in one room. Darre�i C1arf: said that t��hat he thought P�9r. Langeni�id G:�zs . asking 11�c1S ��;hai type oF improvem�nt thcy i'ntended to mal<e on the interior of thc building. f�1r. Povlizkc said tf�ere �vouldn'�: b� tQO n�a��y, most of� it �•�as in the coni:erits . h1r. Cl arl: sai d the Ci �y had recei ved a fl oor pl an showi n� the i mproverrer�ts Mr. Povlitzke ��ouid �vant to make. It sho�veci �;hat abou�t 7,?_00 square feet of tl�e '� building �Arould be used for the Fraiitier Club. Mr. Clark said a question he would have r�ould be f7ol� i�itich of the siri�cture �tiould be left �if this floor plan aras �-ollo�-,�ed. Mr. Povl i 1:-r_ke sai d he thougi�t; i� tvoul d be abou t 1, 000 square feet. Mr. I�arris asked Mr. Naggert:y if he thought an error had been make in the zoning of this property in the {�irst place. h1r. Naggerty said the zoning ordinance has chanqed over the years, and he didn't 4%now ho�,� much they i�ad chanyed since 195G. i�r• Clark had a copy of the original zoning ordinance of 1956 and said it ti�:as basically the same as the present zoning code, as far as wf�ai; was ailowed in the zoning districts. Mr. Ha�gerty said it seemed paradoxical that the City zoned this pro�erty C-1 which excludes taverns and bars serving intoxicating iiqu�rs, and i;hen used this property for thai: use themselves. He said he would have thouc�ht the City would have zoned this C-2, but as Mr. Clark had poini:ed out, tf1iS pr•operty hadn't been platted at the time of the zoninc�, so it would be easy t� ma{;c a misi;ake. Ile�said hc didn't know why this was zoned Lhis way, and he couldn't make an opinion on whether this was a mistake. � � � � . • 3H Planni•nc� Conu»�ission Meetinc� - Apri1 9, i975 � � Page 9 Mr. Narr�is asked if Mr. Haggerty 1;hen felt �:hat 1;his zoning shouldn't apply to this propert,y. I�ir. liaygcrty said he could s�e vrhat reasoning Mr. H�rris was follotving, and �;hey t-�ere c�oing �;o ar��c1r before the Qoard of Appeals on Lhis qu�s�:ion, but hc did feel that if this area ti�ras rezoned, ��ir. Pavlii:zke could conform to that zoning. ' Mr. Harris asl%ed h1r. Ilaggeri:y v�V�at additional burden this ��rould put on the surrounding i�eighborhood if i;he Planning Canmiss�on reco�rmerided that i:his rezoning request be approved. Mr. I�aqgerty said that from his investigation of the situai.io7, � tha� i;here �-�ou�d no�; be that much of �an addit�ional burden, if any. He asked Mr. Povlii.zk� ho��f many people he could accor�m�odai;e row on an average Frid aY night. �F1r. Povl i tz{;e a�,�!��ered al�oui: �'t00. ��1r. Naygnr�ty asked f�1r. Povl i�tzl;i how many peopl e he ' could �ccom�i�oda�:e after he had made his impro�rements. Mr. Povlitzke sa�d that it ��,ould be abou�: 270 people. Mr. Haggerty said that t�Jhen we i-�ere talking about a reduction of people, VJG a�ere tab:ing a�ou�; a reduc�i:ion of 130 people. Fle saici �:he , first tf�inc �;h�is ��ould do t�rould be to alleviUte the traffic problem that t�ir. Cole had cor�plained abc.,�t. This change vaould incluc�e the upgrading of the exterior of the build�ing 1nd allo�� them to provide landsca��ing. This G�aould upgrade ihe pror�rty and ��rould certainly not be a burde�i on the surroui�d'ing area; in fact, i-t t�rould be a Sbig improvemeni:. They were also i�d�illing to obtain addi�;ional proper'cy for parking. Mr. Langenfe1d said that from 1;he discussion, he had gotten a pretty good id�.� 1 of the overall imp��o��ernents to �;his property �1r. Povl i'�tzi:e ti�;�a$ in�ending to make. NE asl:ed if 1�1r. P.ovli c��e in�tended to snrve food at the tables he was in�Lending to pu�t in his establishn��nt. I�ir. Langenfeld said he didn't t�an� to get into �..discussion �� of a restaurant, he jusi: ��fanted to assemble i;he in-(�ormation for use in determining whether or not �he zoni ng shoul d be a�proved. ��it°. Haggerty sai d there �roul d be ��ood served at these tables. , Cl I LJ ' ' ' . ' � � ' h1r. Drigans asl<ed ifi the petitioner was den��ed �;he rezoning, and eventually denied tl�e l�iquor license, couTd he legal1y concinue to o�erate his present estaUl�ish- ment: h1r. Clark said he could as a legal non-conforming use. Mr. Clark said he vdould tal:e a different examnle. Tf there had be�n a service station here in 1956, and �it looke� �o th� nl�nners at that time like that propc�t°i:y , sheul d be zoned �-1 , because i i 1 ooked 1 i k� ��t �vas gci ng i;o be a si ng�l e fami 1y di �tri ct, even if the s�.�rrounding ar�ea �las all vacant at �;he time, as a lot of Fridley uras in 195f, that service station could co��tinue to operate as long as it remained a se��vice stat�ion. It could chanye ownersh�ip nu�ner�ous times ai?d still ren�ain a service station. Mr. Dr�igans sai d the Zoni ng Adn�i ni strator had i ndi caied, a��d he Uaanted to read ti�is..... "the intent of the zoning orci�inance is �to al low non-conforming uses to continue for a reasonable period o�� time so as not to invoke a hardship on the o��ner of an existing non-conforminc� use at the time of the zoning restriction was enacted. lio�vever, it is 11so th� objective af zoning ordin�nces to eliminate non- conforming uses within a reasonable time."........f�1r. Drigans ask�d P1r. Ciark if wl�at he had been saying was tliat there 4NdS no reasonable time established? Wasn't 14 years or whatever it was, a reasonable �;�ime? � Mr. Clark said he wasi�'t the Zoning Administrator, but he could vcnture a guess as to why he si;ated 1:hose things. If it 4vcre a service station in an island of an R-1 District, it may just die for l�.�ck of busines,. If it closed as a sei�vice station, and remained closed for more than one year, it could not be opened a�ain as a service station, or if it was destroyed by more than 50" by a fire orsome o�:her "act of God", such as 1 tornado or t�ind storm, ei:c., it could not be rebuilt as a service station. The same thiny would �pply to the Frontier Club. Anything that was destroyed by more � � � Plannin Commission Meetinc� - April 9, 1975 � Pag� 10 _ than 50% oi its value cannot be rebuil�: if it vras a non-conforming use. Th�re w�s no speci�fic t�in�e in years or months �;hat a legal non-conforming use can exist. � h1r. La.ngenfeld said he would like to get back to the basics of i;his request, and it was his understanding �;hat bars, taverns, restaurants, etc., are k��'m:tt�ed uses in a C-2 Uistrict. Flis quesi;ion to Darrei Clark was just wr�ere �rroud this ' establishment fall in these categories? Mr. Clarl< said it aJOUId be i7�ore than one category, �t ��rould bn a co�z�bination. 3I 1�1r. Harri s asked Mr. Cla.rk how thi s fi t i nt;o our Com�rehensi ve P1 an? Mr. C1 arE: � said th�is section of the City he would presume, had been looE:ed at and studied, but it was not oiic of the project areas, as such, l�il;e Fridley Pari: and some other areas, where it ��aas qeneraTiy feit couid be zaned some�Friiai; different in the Comprchensfve Plan. ,Th�is area wasr�'t designated �For change at all. He could hones�ly say �:hat the Z0111i1Cj . ori this pa►�ticular picce of propEri;y had been looked at all. 1 � � ' � � � ' � � � � , Chairman Harris asked h1��. Haggerty if he v��u1d like �to sum up his reasons on ��rhy this property should be rezo��eci. P�ir. Haggerty said tl�e primary reason was the length of i;ime this property had been used as one o� the uses tha� was excluded from C-1 zoning, �he investmeni: that Mr. Povl�itzl:e had �ut into the premises, 1;he misconcep�;ion Lhai; the C�ity of Fridley, �;he ?oning Ad�i�inistra�or, the Police, and everyonc has had �s to v�rhati zoning this par�icular ;�iece of property had. He didn't think ��1r. Povli�czke should I�e penalized at this 1ai:e date. HQ �lso �:f�ouqh we should look back to the time vdhen this par�cicular piece of property �vas originally zoned in • 1956 iti�hen the City of Friciiey was opera,ting ai� on and off sa1e liquor establishme��i. He also fe1t thaf. this req�.�est shou1dn't be denied �rhen nobociy has made any complaints on �lii s requ��s t at thi s �7�ee ii �ic� �,�i tV� the excepti oi�� o-f the l etter from f�1r. Col e, and he thoughL- tf�iat problen� co��ld be allev�iated, bt�cause �Ne w�ill reduce the rumi�er of patrons that ��e can handle at one �:�irne. If �ti�e �et i;he rezor�ing and are able to get a 1 iquor 1 icense, �ae are c,�oing to reduce the ma��ii��um number of patrons from 400 �to 270. 4de ��ou1d i�pgrade the �in�ewio��, �?p�rade the exterior, �-,�e ��aould upgraci� the landscaping, arid if need be, 4�� vrould obta-in mo��e property for parkiny, so as to allevia�.e i;hat problem. I�e said he had summarizea qttickly, and there may be other reasons, but just on these reasons �:ione he �;hought t;hey should be allotti�ed to go ahead rJith their plans ancl the only way �hat co«ld b� accomplished t��as for the Planniny Conimiss�ion to-recommend appr�oval of tr�e rezoring rec�uesi. . Mr. Langenfeld said i�e appreciated the feelii�rs of the adjacent neighbors, also the fee1i��gs of Mr�. Povlitzke, bu� he felt: a final decision sf7ould be made on updating the zoning. His personal apinion aras tha�; this ��roperty should to to C-Z. a n �( rezoi�ed �1r, Dri gans sai d that �:h i s. ma�;ter had been be�fore the Counci 1 for many months , bu�; this t,�as nec,� to the Planni«y Com�»ission. He said his concern was for prudent zoning of ai� establishment ti�a�; ��as �:k�is close to residcntial property. T his wou l d no1; be a neigh�orhood beer joint, wher°e fellows run do�Nn the block and have a becr, but this was going to be a much bigger enterprise, and he had some reservations at this time that he ��ould like to contempla�:e on, and he was not ready �:o act at this time. � Mr. Langenfeld said that on the basis of Mr. Haggerty's statement, it would scem to f�i�n� that other tf�an i;he actual physical chanyes and maybe the addition to the contents, the general nai;ure of the business was not going to change from what it was already, and i:hereby it just wasn'�; going to be different, and as Mr. Ilaggerty said, the actual amount of pcople comin� to this es�:ablishment �,rould Lie iess. t�lhat i�; tdas right noav, and wh��t it will be, as far as the nature of the o�et�atior�,other than perhaps the serving of iic�uor, will bc� the san�e, and this can continue to exist as it � . .. . 3 J PTannin Co�l7mission Mee�tinc - April 9, 1975 _ Paqe 11 ' ��ra s , a nyway . � � � � Mr. l_indblad said t;hat any chan�e ��ould be for the b�tter in his opinion, because of less traffic and the improvernent of �:he buildinc�. h1r. f{arris asked I�Ir. Clark to sho11� �:he ��ot plan again. He asked hovd many p�rE:inc� stalls �-�ere prnv-ided on this C�lan? Mr. Clark said he kne4v they had becn coun�;ed, and not by hin�, and he �;ould I�iave to caunt them physically no�,N, bu�; when 1;hey ure►,e coun�:ed befo�°e �thi s��ent i;o �:he Ci iy Counci 1, i t 4�ras cietermi ned i:ha�: i f the Ci ty Counci 1 ��rcre to i ssue a 1 iquor 1 icense, t.hey vdould have to reduce the nui��ber of seats on ��rl�iat they were propos i ng on �;hi s pl an by 10, 15 , or 20. The parl%i ng r�ati o was 1 park-iny stall for cach 3 seats in a. place th�.t has a liquor license, and for I�ir. Povl i i:zN:e �i;o mee� �:hat requ�i rement, he a�oul d� have to acqui re more 1 and for parking or reduce his proposed seating capac�ty. Mr. .Narri s asked i f the red 1 i ne on the pl ot pl an tivas the property l.i ne? P9r. ' Clark said it 1�,�as 1:he prope��ty lii�e, andexcept for the front. of the bulldit��, it meant an exi sti ng fence. ��u�. Povl �i tzke sai d�;hi s 4�Jas a 6 foot redwood fenc.�, and some boards �-�erc gaing to b� replaced and it v;ould be repainted. Mr. Harris ask�d � i f 1;hi s�-ras an adequate i�u�i ier b^t�-aeen thi s ope�,ati o�� and the R-1 as far as the planting sirip, etc. h�1r. C�lark said �he code calls for a 20 foot plant.ing strip . and this appears to be 2U -�eet. r�1r. Li►�dblad sa-ica �lhe sliver ot= land adjacent to ,� the east oi� this property «as zoned C-1. ��1r. Harris said there ��aas a house buil�t . on this pr�perty. Mr. Clurk said h� thought u�out 1/3 of this lot was zoned C-i. f�ir. Fiarris said the property south of the Frontier Club vaas zoned commercial al�o. P1r. Clar4: said it ��das, but there ��ras a house on this prope7�ty that t�ras occupied. � P1r. Harri s as ked i f the extcri or pl an ��roul d go to Qui 1 di ng Standards for revi e��? h1r. Clarl: said it would. Mr. Qrigans said tha(; f�ir. Langenfcld hatf broughi; up the point of the differe��ce in �;he type of b�s�iness i;h�t t;�as go�ng on at this es�cablishmeni, and as Cl�airman of the Board of� /lppeals, he 4��as faced �vith i�he o�:her half of this que�tion, and t!�z�: ti`�as the non-con-f�or��ing use. He said the other gentlemen on the Planning Coiim�i ssi on had not recei ��eci the 1 ettcr by the Zoni ng Hdmi ni strator, but he had addressed the problem ofi nan-confo��ming use 4vhich 1�1r. Langenfeld had alluned to, because it does have bearing on ��rhat P�1r. Langenfeld has saici. He said this was di rected to h�1r. lti�yinan Sm�i th i�� referencc� �:o i:l�e Fronti er C1 ub. Mr. Dri gans read as fo�l lo��,�s : Dear f�9r. Sm i th : The Ci ty of Frid i�y 7s i n recei pt of yo�,r memorandu�� oi� f�1arch 19, 1975 directed to th� 7_oning Administrator. It I��as been dete,�mined by �:he Ci ty Attorney that thc� Pul bi c l�lorks Di reci�or i s the Zoni ng /�dm�i ni strator; thei�efore, the rec�uest �fo�, a det;�rmin��ion that a non-conforming use ex�ists ."as a tavern, beer gar�den or bar servi��g alcoholic beverages on th� premises; of the ref�renced property has been referred to me. Aftet� a substantial revie�v of the City of Fridley Zoning Code and other related chapters of the City Code, toc�etfier with revie��d of pertinent state 7ati��s, the request on behal f of f�1r. & h1rs . Povl i�:zki for a fi ndi ng i.i�at th:ey a re enti tl ed i;o a 1 i quor license c�n C-1 prop�rty througi� �n existing non-conforming use is denied. The reasons for denial 1re as follows: l. That the manner of operai:ion of a non-conforming �use �vould be sui�stantially changed by permitting the convers�ion of a 3.2. and set- up operation to an operation having an on-sale liquor licens�e. That while both 3.2 beer and hard liqi�or are classified as alcol�olic beverayes, the former is classified as a non-intoxicating beverage and 1;he latter as an ini;or.ic<Zting beverage, and ti�a�: both �:he munici��ali�:y and the legislature have n�ade substantial distinct�ions between �:he sale of the t:��;o conunodities. 2. 7hat the requested appl ication for an on-s�le liquor license contemplates an increase in the size of the non-conforming � � • � �� Planning Commission Meeting - npril 9, 1975 p—�-�-=''2 � use. I��hi 1 e i t i s true that the exteri or of �:he bui 1 di �g woul d not �c� en1 arc�ed, i t is liketi�rise true that a larger por��ortion of the bui1ding would be used for the non- conforminq use, and i:f3a�: conversely, a sma.1ler portion of the bui1ding would be used � for conformii�g uses. 3. Th�t the granting of an on�sa•�.� liquor license would cause a perpetuation oT a non-conforminc� usc�. The �inteni; af the zoning ordinance �is to a11o�v noi�i-coiiforming uses i:o coni:inue for a reasonable per�iod of 1;ime so as not to � invoke a hardship on the owner of an existing ��on-con�Forrning use a�; the time the zoning restriction ti�las enacted. Ho;�ever, ii; �is also the objective of zoning ordii�ances to eliminate non-conforin�ing uses 4�r�ithin a reasonable i;ime. A c�rani:ing of an on-sa.le � licGnse to i:his applicant a�ould not be consistent ��ith that o�jective. 4. Tha1; granting of an on-sale license �vould produce a greater burden on the neighborhood.. The applicant in requesting the on-sale license indica.ted i.hai; one of the reasons - for the request �•aas �hat �•��i�;h such a license, he would be able ��o a�ttract more business � to the �loca�;ion, If ihis is correct, it ti�rou1d produce a greai;er bur•den on tf1E neighborhood that is existing under the pres�nt non-cor�forming use. I' � , '� � � � , � � i- � � r-, u �1s further rc uestecl by th° memorandum the ahove decision uJill be submitted to the f3oard of Appea`Is as provided by �ection 205.0�2 of the Fridley City �od�. The ma�;ter will be censidered by the Boarc of Appeals at their regular1y scheduled meeting o�F April 15, 1975. . I woul d 1 i ke to emphasi ze t��at �the Z011 i I1C� (Jl�obl em i s n�t a part of an evas �i ve tactic to deny anci delay an issuance of a liquor 1icense. It is a rea.l �roblem that exists and should be corrected through procedures provided in tl�e City Code." �1r. Urigans sa�id his point ��aas �:hat a1thouah the Board of Appeals must consider the decision by the "I_oning Adminisi;rai;o��, !�e does sta.tei:hat it is his opinion that to cio iror� a 3.2 beer opera�.ion to a restaurant type of operat-ion �,ras a substantial incr�c�ase in ihe operat�ion. f�1r. Povlitzl:e has increased the non-conforming use by degr•ees, and that 4-�as t��hat the (�(-'-L1t1011�Y' ��as cantinuir�� to attempt to do. f�1r. Dr�icyans sa�id this bus�iness ��lasosta.rtc�c! as a 3.?_ becr establishn�ent and not�� he pla,�s to c�o to a�Ful l scal � restaur�znt type of operati on, and there ��ri 11 be a substan�;i al dif�'erence in the opera�cion, and hir. Drigans said tr�ei�� laid his dilemma. P1r. f(agger�ty said that he co��ld come back wi�:h a lot of counters on these points, tha�: coul d go ort fo�� a hai f hout°, 1 egal op i ni ons to 1 egal deci si ons , but he th�«c�h � • this t��ould be brough� up at the Boarci of �lppeals m�eting o�f the 15th:.' Mr. Clarl< said tha t by rl cJI1�:S �tll1 S �-yas ��rher� �i t SI10U� Ci ic�V� been brou��t up. �ir. Hacrqet°ty said they recognized thaL tl�ere ��as a zoning problem, and he agreeci wi �; i the Publ i c t�JorE:s Di rector tlial: there ti�us a probl em. He sai d that what ��e ��aere 1:rying �:o say r.�as that i�rlr.�n this property ��Jas zoned l� years ac�o, the City had a�� on and off sale liquor operation at this location. S�ince Mr. Povlitzk�obtained this opei°ztion, he has devcloped it, he has investcd money in�;o it, granted 1;hat he has extendc�d tl�e use of that; pi°oper�ty as an alle�ed non-confiorrning ��se, but he has improved ii; while he t�as been doing it. It ��ould seem to Mr. Hac�gerty �Lhat tl�is was a verv late stage to all of a sudden say, hold it, you caii't go any further. He said that we can see that Mr. Povlitzke ��as attempting in good faith to improve the premises, and he thought the best remedy, as the f'ublic t�!orks Director. mcntioned, was that it �should�be corrected through the procedures �rovided in the City Code. Ne said i;hat t�vas exactly what they were c7oing with this r�zoninc� request. We are trying to correct a�:►°�ble►n thai had apparen�:ly gone unnoticed for 18 years and he �vas asking ti�e Planning Commission to grant this request. h1r. Drigans said his dilemma was not that the pei;itioner was going to Ue �ran�;ed � � _J � � � � ' � � Planning Commiss_ion Meetinc� - l�pril 9, 1975 Page 13 5 � a liquor license, tha�; was a Council matter, but his dilemma was that if we rezon� we could have a restaurant establishment next to a resi deniial area. Mr. Naggerty sa7d you have that si�:uation all over the City of Fridley. (�e said that in tl�is particu1a�° situation it ��ras not really oriented as a residential area. l3ecause of tlie p1atting and with the sm�ll sliver of com�T�ercial property east of �.he f=r�ntier Club, this property cioes not technical'ly adjoin any R-1 properi.y• In reality there v,�as residential property, I�uL only on the east side of this establish- meni:. The individual; �vho live righ� n�xt door to the Frontier Club, the ho��se to �:he south �-rhich ��ras o�� commercial property, and the first f�ouse to the east in a residential area, have macfe ►�o objec�;ion i.o tl�is rezoning request. If anybody ti�rGs going to m�4;e ariy objec�:ions, in arder to have a valid argument, it should have been one oF th�se tt�fo indiv�iduals. They are not at this m�eting, and c�rtainly �f i;hey had ��ani.ed to ma{:e objectioris, this rJOUId }�ave been the pldce to do it. He saic+ �i:hat all tt�c�y t,�ere a�:ten��pting to do now that the problem had been made knov�n to i;ilC{ll, b�as to go throuqh the rroper legal procedui�es to have the proL,iem corrected. lie said this vaas �;he best vray �:o correct it. T• should imF�t�o��e the area, and i�: �vould ac�l:ually �in i�act lessen ihe burden on �:h� area because of the lo��er traffic load, and hopefully ii; n;ay even improve the class of clien�:el��ho go to the.Frontier Club. Chairman F{arris said tha.t r�e �}erso��al1,y didn'�` feel he 1�Ja.s ready to reach a � decisiot� on -this requesi: at this mee'cing. He said h� ��ould 1�ik� to study this for a�veek because Lhey had taken i n a 1 oi; of materi al ar�d he 4��ou1 d 1�i i�e the opportun i ty 1;o digest it. ' � � i� � Mr. liagger�ty s«i d the pl ans have been • sho��n , and 'thi s had been di scussed very thoroughly at t.his meeiing. i�e said he ��ould still request that a motion be made and voted upon, so ��e couid have sonle de�(;ern�inat�or� as to v�}�ere �-�e ti�Jere heading. However, if the P1ani��ing Ca��missio�� really ��danted �to examir�e this request further and you �y�ai�i�c to con��inue tl��is to your 11P.Xt mee��inq, I��e 4��ould have no object�ion to tha�.. He sai d he ��,�oul d app�°eci ate i i� ut al l possi bl e to I�ave a vote on th-i s req�est at thi s meet�i ng . Mr. Langenfeld said he vaasn't tryinc� to t,ush a r�ecision, but i�e would lil:e everyane to be a��are of �he fact ihat f�ir. POV7 i"Lke hac� bee►� t�rai ti ng for tl�� Ci ty to mal:e up i i;s mi nd oi�e t�ay or. the other si ncc l as t November. Mr. D�°igans said Mr. Povlif;zke had been tk�aiting far a 1iquor license, not rezoning. , . Mr. Harri s to1 d P9r. Langenfeld that the materi al t{ie F1 anni ng Commi ssi on had � received a�: this meeting ��aas matei�ia1 they hadn't seen before. He said there had ueen a lot of argument for this rezoning, vet�y ��lell put fore�ard by P1r. Haggerty, and cve Nrou1 d 1 i ke t� exami ne hi s rcasoni ng . He �:hought i t behooved the P1 anni ng � CO1111111SS1011, in any case, whether they ultimately voted for approval or denial, to have sound reasons for their c3Ct1011S. P1►°. Lindblad said he �vould just as soon have this settled this evening, but � as it stands he didn't thinl: t;hey could come to an agreement, so he would have to � go a1ong wi�;h the continuation. � �I A10TION b�� Driqans, seconded Uy Lindblad, that tlie P,Ianning Commissian continue t]�e Publ.ic �le�ii'.inc� a� tlie reaoning requcst, 7.011 1i75-02, by Wyman Smith, Jlttorney for ilic.li�li�d rovl.it•r.ha al�d tl�c I't'id1�y Fronticr C1ub, Lo rezone f.r-om C-1 (loc�1 busi»c�ss arca:;) to C-2 (gcricl'�3 business ar. eas) , Lot 1, .B1ock 1, WaZnut Ilddi tion, t�o brin� tlic � �� u �� ' � � � � � , � i � � � � � P��. , � - - - ; r�� P1annin Commission Meei;in -- April 9> 1975 , .�_---�-------------- ex.istii�g u�c of L-l�e p.z�operi:� into �� uses permitLed catcgory of L-hc Cit� 'I,oni.n� Code, the sam� be.ing 73G.`� Central 1►vcntae N.L. unti.l. l�pr_ii 23, 1975. Upon a voice vote, a21 voL.it�g aye, i;lle �noL-i.on ca�-ri.ed unanimously• Chai rman liarri s to1 d t�r. Povl i tzke that the P1 anni ng Commi ssi on ��las not tryi ng �;o delay him, but thcy V��ad gotten a lot of material at this meeting and they wanted time i;o digest it so they could do a good job. 2. PU[3�_IC 1i�11R7i�G: RCQ_UES7_FOR l� SF'ECIAL USC.PERi��IT, SP �i75-02, QY !7Yt�iAfV S1�9ITH, AITOIZh�LY FOR lJ R. STE=i'V,F(�15, _Jf� _: Ta permi t; ii�e sal e of new and used cars , per Frid�le� Ci �y Code, Sec�ion 205.101 ,(3, L) a►"id (3, G) in a C-2S zon� (general shopping areas), tc� i�e located or� Lot 15 [31oc1: 1, Pearson's Second Addition, ti�e sam� bc�iny 7701 East River Road. Pi7�. f�1ark Hag,ert,y, replacing 1+J5'�nan Si��i�;h �h�ho ��as �ill, 1�. R. Stephens, and Roland (�ci�ja��in, rroposed m�i�ager of the n��,�J und used car lot were pres�ni:. MQTi01V bt� Lii _iblad, secondec? by Driyans, tl�at th:� P7_ann.ing Co��unission open t11G' I'ub1�c Hearing on t2:e reguest for a Speci��J_ Use Perrnit, SP ��75-02, b� [Vym�n Smith, At:torne?� for W. R. Stcphcns, Jr. Upon a vo.ice votc, a11 voting a�e. Chairman Harris d�clared the Pul�lic Heazang open at 9:43 P.T�7• h1r. C1 ar{; shoti�red a map of thi s area and expl ai ned that thi s property and the i ot di r°ectly north of th�i s proper��y ��ere bo �.h zoned C-2S. He sai d tf�at; north ai� thcse two loi:s ��ere tl�e (�i��uc�.ota,� R«n Apar�men�;s. East of the pt°operty �i:hGt 4�tras present�y occu�?�ied by l�-1 f�otor Spor�;s ��a.s an industr�i �-t �fac�ory, Barry I31o��1er. The south si cle of 77tPi I�,ay �aas zo�,eci y�net�al mul i�i p1 e i ami ly dvael 1�i n�s and �•aere occupi ed by 4--p1 exes. I'+cr°oss F�s1: Ri v�.r Ro«d iro�ii Cri ag I�Yay to 79�th 5 ti�ere ti�ras a t��o l o�: depth � of R-?._ doub�l e bunga1 o�•JS , al thougl� not; accup�i ed by 2�fa�ni 1y dt^rel l i ngs from Crai g 11ay to Pearson' s l�Jay . Tf�e ba 1 ance of� the proper'cy to the v��s'c of Eas t R�i vei� Raad ��as zonecf �:-1 (sirglc� family ��vellings). Mr. Clark sa.id t{ie reason�t;h� p�titione�~ has reo,ues�;�d a Special Use Perrni-� �a�as because �in thc zoning co:1c� under C-2S Dis�;ric�;5 th�is t,�as a per��ritted use only aiter having securecl a Specia1 Usc F'erm-i �. 7n particular wV�at the petit�ioner tvani;s to do wGs to op�ratc� a nc��,� car agency 4�Ji i,h the opportuni ty to se11 used cars as w�l l. �[I�� proposeci a��to deal et�shi p ��di 11 be a Datsun Geal ershi p. Mr. Stephens present:ly operates tf��c sanie 'cype o�f ci�al er°sh�i p i n the south�rn part of 'che metro�o1 i tan area. h9r. Cla.rl: said he haci a dra��,��ii�c� of the subject lot, shouaing the �ocatiofi ofi� i:h� build�ing and some oi� ti�e ii»provements they ��risl�eci �:o ma!<e to tl�e exterior of tr7e bui1ding ar�d the surroufi�+ing pr�operty. He sa�d �:f�at basically the structure t�ould not chai�c�e �in size. The��t,ont pai°t of i:h� bui�lding �vith the t�indo�vs �JOUId stiil be used �s a show room �irca. The baci: parl: of the Uui 1 di ng ��JO�ii d be �tsed for offi ces and a mechanical area ��rhere ca►�s �•aould be broe�ght in for s�rvicinc�. There ��rill k�e an additional display �z1ong East River Road. They are planning to put in additional landscapi►�g and green a�eas alony Easi. River Road and 77tf� L�day. P1r. hlark fiagc�erty said that l��in Ste�hens had a Da�;sun facility south, and they wanted�to ilave a racility in the ►��°thern s�aburbs. He presented a colored rendering of I�ow they proposed i:l�e new faci 1 i ty ��lou1 d appear and al so a photograph of Datsun South, showing ho�� that facility looked at i:he present time. He said the photograph showed how i:Vie ne�� si te woul d i oal< <�fiter° i t ��r1s 1 andscaped. He said the 1 andsca��i n� along East fliver Ro�id and 77th lJay ��ould be done by professional landscapers. He sa�d ti�e b�,ilding �vould be improvcd �r�d vre ��v�ill mcet all 1;he requirements of the fire codes and building standards. ' Plannin Camn�ission Meeting -/�pril 9, 1975 P��ge 15 � j`J Mr. Naggerty said �:hai; there �-aas one thing he would like to poinl; out in 1 regard to the Special Use ('ermit. He said this �roperty t-ras zoned prop�rly for th�is typ� of est�i�l�ishment. �fhe reason for the Special Use Perrnit was so that the Plann�ing Cornmission, the Cit:y Fathers, and the people in the surrounding area had � an opportunity to have son�e inpul; on how the proper use of this pro��erty ��aould be esi;abl ished. Ile said i;he poini: he was making ��as that �:here ��dere a number of oth^r uses that tt7i s property could have, e-i 1:her wi th a Speci al Use I'errni �; or under C-?_S zoniny. Ife said that just under the C-?_S zoniny the permiti:eel uses were; drug stores, � hard�•;are stores, de�arl;ment stares, bakeries, bars, taverns, household equipmen�; r�pair shops, florist shops, con;mercial recreation, t�esl;auran�s, excl�iding "drive-ins", hote1s, rnotels, Lhcaters, lodges, assenibly halls, auditoriums, hospitals, clinics, � nursi��g f�o!T�es, convalescent f�on�es, ho!,�es for the elderly, offices, including busiress and professional, voca�:ioi��l trzcie scPiools, laboratories, medical; dental and opl;ical, .and harn�less and ino�i iensive lab�ratoric�s assessflry to perm�i�;ted uses, in the same 1 � building, other retail or ��,�holesales or service uses ��fhich ar� similar in characte�, to �:l�ose en�merated aLove, i��ill not be da►�gerous or other��tise detrimen�tal to persons � resi di ny or ��!ot�ki ng i n the vi c�i n�i ty thcreof :; or to the publ i c �vel fare, and wi i 1 noi: , �im pa�ir the use, enjoy�nent or value of any property, but not includingany usF�s e;;clud�d hc�reinafter. f��r. Ha.g,eriy said these ��Jere all permi�tted uses that did not : equ�ire � Special Use Permit. 1�1r. Haggerty said that businesses i;hat required a Special Use Permit in C-2S zoning v;ere bus and taxi 'cerminals, and Section ?_05.101, 3, B, �Raas aul:omob�ile agencies sellinc� or displaying ne��,�, «nused vehicles, and as they �vould have used cars to seli also, this was 3, G, under t(��e same sec�tior� of the code. He said this establish- ment v�oul d prirnari 1y be a ne�� car cie�1 ershi p. I�; �-,�oul d be a Datsun deal ershi p, �-!h�i ch was a very fi ne car, i f he coul d mak� an advei�ti serrent here .��di th a ne�-J car deal crshi p, you have to take cars in o�� trade. l�his ��das G�d{iy �;hey had to ha�ie a Special Use for used cars also. N� sai a i t ��,�as no � goi n�� to be �h:� type af establ i shment v�here the�� wo«1 ci �ry to E�ush used cars 1 i f:e an "�1-1 Used Gar" or anythi ng 1 i ke that. He sai d he v,�as i:alking about a first rate ne�-� car dealership. Mr. Li��clblad asl;ed h1r. Clarl; if th�is Spccial Use �-�as grai��:ed, v,�ould this re�ues�; be c�oi ng to G�� i 1 di ng Standards? P'�r. C1 arl: sai d��hether i t�,�as conti nued,. approved o►° deni ed, i t was on the [3u�i ldi i�g S�candarcis aaenda ��or /lpri l l0 �;h. Mary h1artin, 133 Stoncyb�rook �,�ay, said she obj�cL-ed to ihc Special Use Permit be'ir�g granted and because �i:l�is use neccted a Special Us� Per°niit, she d�c�r�'t see how �1r.� f�aggerty could say this tti�as th� proper zoning. She said the �rea �from Mississippi to tP�e nori:hern ring of Fridley, desp�ite the fact i�dhat it G�:�as zoned and becluse of special varianc�s to ti�e cod� in the �1st, had no commercial use whatsoever. From P7ississippi all �;he �va�� North tAras one big n�ic�hhorhood stoti�y. East River Rcad has become a residential ai°ea. If you a11o�r� this business to come into this area, i1;��vi11 br�ing more traffic, and as you know, East River Roaci causes more accidents than any other street i n Fri dley. Thi s ��,�oul d endanger our cl� i 1 dren . f�1rs . h1arti n said tl�at over i:he years there have been other businesses ai: this location and she had l i stened to musi c by P�1uzak, and tV�e sound o�F 1 i�;i:le motors . Even when ihey try to control the noi se, i t: canno�; be control 1 ed. If we not,� get used cars , we wi l l hav� a lighted lot and pei�nants flyinq which �vere not aesthetically beautiful. She thou�hl: this use 4ydS thoro��ghly objectional in a residen�:�ial area. Mrs. h1artin asked the E�cople in the audience ��aho objeci;ed to this request to stand up. About 25 peo��le stood up. ' 1 Mr. Drigans asked Mr. Clark if this wasn't the proper zoning for �his use? Mr. Clark said Mr. Ilaggerty had stated it correctly. 1'his was tl�e proper zoning, bu� our Code says �:his type of bus�ness needs a Special Use f'ermit. There was no zone � LJ � � � . . f'lanninq Commission h1eeting - April 9, 1975 Paqe 1G in tfie Ci�:y of Fridley �;f�at vrould allot�� 1:he sale of new and used cars without a Spec�ial Use Perm�it. . Elaine IiartiT�an, 119 Craig Gti�ay N.E. said she didn't think there was eno�agh parking pr�ovided on this praperty, and there would be parkiny on East Ri�fer IZo.ad.' She thot�yhl; th�is proposal t�:�ould add �:o tl�e traffic problem, and to add to this proble�i� �;he City af 1=ridley ��ould pro�ably end up puttiny a semaphore at 77th ��lay. Mr. Clark said it t�rould be i;he County's decision on vahere the sema{�Iiore^_:are � lacatcd an Cast R-iver Ro�ci as ti�is was a County roa.d. He said there had been a study madc son�e time zgo, and al thougl� no deter�rni nations have been made, i i i;here were any addi ti onal semaphcres added th.ey i�doul d be at 79th and �31 st. � , �� i � � L� r 1' � ' L' 30 Paul f3url:.holder, 7�60 lllcien lJay, said he owned the 4-plexes across �:he street on 77�i:h I�day and al so ihe vacant corne�� 1 o�t. He sai d that i n�;al {%i ng to Dar��el C1 ark al�o«t ano �i�er srnal l apat°tin��ni; bui 1 di ��g o�� thi s��acant 1 ot, �.�-�J- I�e was to1 d�:hat he would noL be a�ilo�„�d to have access to East Rivcr Road for �this aparl:m�nt propo�al becaus� of the traffiic problem on East P�iver (�,�ad, and they ��,�ould ha��e to use 77th lAlay �ior thcir access. I�e said the plo�; plan fot� the Speci,al Use shotvs their driGfe��-,�ay com�ing right out on Ezst River Road. I�e sa�d thai exclusive oi tl�at, he thought tf�is propos��l t��as so inconsis'cant with East �;iver Road and would have such a debilil:ati�c� eifect on real estate valucs. He said this ��as one of the cho�icest areas vf Fridley, and the�i chey ��vani. to put a used car 1ot in this area. He said the City had in �ac�L denieci an oil sta�t:ion irom going into �this area at 79th and Easi; River Road and that 1ot h�c! more spure �foota.ge than this prop°rty. He said tihat Fridley had gone to a great deal of expense to pu�t in an industria�l park, and typically these things go in along major h�igh�;��aS�s. They are ��ot across the s�reet from res�identi�l areas. Fie said he objects �;o �this proposal no�•,, and ��,�ou1d con�tinue �to object all the �-aay to the City C�uncil.� h�r. Dennis bai:zer, 17C) Cra`ig l�ay, said the 'cra.ffic on East P.iver �:oad Gvas mucl� too hea��y, as every one kne�tir. �l�e said this res�dent�ia� area �vas rated number t��;o on the l.ax rolls because tl�ey 1-Jere sup�osed to be an excl�asive neighborhood, and �,te pa.id �ar t{iat. b�ii:{� a ��sed car, lot, our� stre2ts ��ill be a try-out field, a drag strip. ,She said tV�at 1a.st su�nmer ��e had n�otor cycies runn�ing circles on our stt�eeis, and ��E�c don't want any mo��c of tl�at. She said it ivas on1y reasonable tf7at pcople 4•aou1d t��ani; to try out a car befo7•e th�� made a pui�chase. Jan Sceger, 32� Irontof� Street, said si�e had gone do��n It°on�ton and iiuc�o Streets anci ta�l�:ed to pczople ius�: io see �,�hat tl�eir fc�elia�gs ��,��.�re about this request. She sa�id t(�ey didn't ��ant th��ir streets used for tcs-tii�g grounds and felt the traffic was too heavy no��. � h1r. C. M. Kam, 120 Talmadc�e t�ay N.E., said he had lived at that address since 195Ei and had �Natched the area develop. H� said they have had many problems vai�Lh people appl,ying fo�° rezoninr� for apartments, businesses, for everything. Ne thought that in 1957 or 195�, t{�e C�ity designated that the only place you could have industrial was a narroi� bancf alo��g �:he r�ilroad tr��cks. };e said University Avenue vras the great whi tc� w�y where �:Vley used rest;«urants and used car 1 ots as a buffer zone b�t��veen ti�e hiqh��ray and the residential area. He said we don't do i:hat any more. F{e said Central Avenue had becoine 1n industrial area and Vil:ing Chevrolet was �ocated there, and he thou�hi; this was ��Jhere this pro��osal belonc�ed. This �,�ould not be disturbing a residen- tial �rea over i:here. He said he objectcd toi:ally to haviny this business in his area. Mi�. John D�lmphy, 155 S�:oneybrook l��y, said he had lived in Fridley for 20 years and in this area for 12 years. He sa�id h� ��rould bc looking into the lion's mouth of � � 3P f'1 anni nq Co�rnni ss-i on h1eeti n� -.l�pri 1 9, 1975 ' PAGC 17 � � � � � , � i af this operation. He said 1;hat in t��e win��er time ��hen the winctotNS vret�e closed, it wou'Idi�'t Ue too bad, bui; when ��arm weati�er comes, the presencF: of these types or aper�zi;i�r�s ��rere a��rent in th� extreme. iSe said this type of building should never have been put in in the f�ir�t place. This was a resider�tial street and it shoulcli�'t l» turned i��to a con�n�ercial street.. He con�:inucd tf»t it was very difficul�: fior a corn;»crciai enter��rise to make it on this streei:. Ne saicf 1:here had been a service station up the street for 15 years. He �;nderstood this �Jas aba��!oned no�� and v�as an eyesore i:o the cornmuni ty. There haci (�een a pool cenficr and a sr,o��dmobile and matorcycle business at this 1ocation and t{iey f�oth failed. P1r. Dumphy s1�id they d�idn't Gvant a i�sed car lot ai; �;his location. He feli: th�is tdould lowet� �:he �roperty valucs in tf�e resident.ial area. � Mary 1�1ar�t�in said it t�Jas her underst:anding tfiat vlhen Vi{:ing Chevra1et ��as establ i sl�ed, tf�ey �-ret°e requi red to have 1 dri veG��uy i nto a sel�vi ce dr•i ve and al so a d��i ve��,ay i nto a si dc� s�;reet. She ��Jaul d 1 i I:e to ha��e the P� c�lllll Ilg COITlilll SS l0il check to see i f•th i s �Jas a requi rerner��: for car sal e� . t�ir. Cl url: sai d t.hi s wasn'� � a C�i ty requiremer��;. I�t n�ay have been a. t°equirem��nt oi Genc�ral h�oLOrs. He continuc�� :haL as far as �l:his pr�opet�•�;y �-�as concerneci, th:re o� v�iausly G�ras�i'i, a service dri��e. l'��L- ��e time th�i s properi:y ��1as pl at�:ed i n 19G�, tl�cre was di scuss�i on thai: the� e be only one access to East River Road for the �Lt-JO lots zoned C-2S. Li 11 i an ��ieyer, 7�68 /ticien (�ray f�. E. , vaondere�► i f ther� had beer done in fiaving access to East River Road ��rom th�is property bc�cau�e reco7�eccion tha� �-,f7en tf�e apUr�men�ts ��Yere built further nor�{i, that access �to East Ri��cr Road. a traffii c �i t �n,as her �: i-��- �,. �,�� s t�c�� ae��; �� I Mr. Clark said as f�e had n��n�;ioned be7;ore, t�rhen this property ��as plat.ted, Pl ats & Subdi v�i s i ons Subcorr�mi t�tee S the P1 <Aiu� i ng Coii�mi ss i on and �i.he Ci �Ly Counc i 1 a"I � d°ciued tha�; there could be one corn�nor� access for tl�is lo� and the loL r:or�;h cf i�t. � The Coun �y cou1cln `t deny one acccss from proE��er,�cy i:o East Ri ver RoUcf t��i tl�out co�,�- 'pensacion. Tf7e do��ble bunc�zlo��vs on tl�e ��4�s1; s�i�e oi Fas�t Ftiver f;oaci ha��e com��,oe� a dri vc��ray ��rhi ch makes one a.ccess from eacl� t�� prope,..ti es . Ne sa�i cI �clie pl an �� or t6, i s � pro�erty had jus� c;;;:;le in, b«t he t-�ould i.h�in{c when �:his 4�aas s.t.udied by the sta�i�F and vari ous con�;��i �t�tees , ihe access ��roul d be rneved f«�°i;h�r north bccause o� tf�e ��c�,i re- ment of hav�i ng a cor��z��on dri vel�ray fcr boi{� 1 ots . I�1a�ry ��1ar�;in aslced if a�il �tl�7e property r��oir� 77`th t.o 73�t{�� f��ad a11 been zoned C-2S a� c�.�� time. h�1r. Clar(< said it ��ras ail �i.f�e san�e zo;��i��g ��1�ior to �;l�e bu�ildir�g or the 1�1eado��J Run f;part.men�;s ��her� Li��e proper�ty �nori;h�o� the Creek vaas zoned f�-3. They t�er�e �lllov,�ed to h�+ve one access off E�lst river� Road for th-is a�artmcri�: comr}lex, �thich they now f�ave. Consequei��t:ly, this ar,ca was platted south o�f the Creef:, and they were al 1 at�aed one access . Charles Seegar,�324 Ironton, thought �:he question ��as if any commercial area shoul d be al l o��aed a1 ong Eas�t Ri ver Road. Ed Jonak, 133 Craig Way, said everyone f�as talked about �:he noise, but he was concerned about the li�l�ts from this operation shining on the homes across the st��•eet. L�ub Dueholm, 290 Craic�brook lJay N.E. said he would like�to have the parking liyout explained to him. Mr. Roiand QenjaiT�in, pt°oposed managE�r of th� new and used car dealersi�ip explained wherc they �vould h�ve thc 50 new car inventot°y, the 40 used car inventory, and customer and employee parking. Mr. [3urkholdcr said that i t looked 1 i ke the en�:ire area ��ould be b1 acki;opped and where would all the wate�° clrain? , . . • .' . ' .� . 3 Q Plannin�_Commission Meeting -��ril 9; 1975 � Page lII ____ � t�1r. 4Jin Stephens said he evould like �;o make a fieUa remarks. Ne said hc appreciated tf�e concer�n voiced by the at�cl�iF�nce about a net•r and used car 1ot becaiase tPiere vdere soi»e;,hinc�s he didn't lii;e about thcm eitf�er�. lie saicl he ran �;hree operatioi��, and � fi.hey had tr�icd to u��gr°acle �thesc opera�;io��s, �nd tried to maintain �:hem in a very I�igh clas�,a very go�d looking rnariner. Iie said �ha�; �»erchandising of cars has changcd, along vJltfl everythir�y else. FSc said t��e I�ave sl�oi�fn a picture of an operation �,�e � � are running now. t�1e have also made thc same a�reement G�rith St. Louis Park, �•�here ! �-�e ran in1,o the same problems and objections �-re havc rur� inio at �:f�is meeting. /�s ; far as �;V�c parkin� Gvas concerned, ti��e are open minded. The bu�ilding was �:here. t�1e feel �ve can irrprove i:h° build�ir�g and faciliLies tremer�dously �r�o�� t�dhat th�y a��e no!•�, � and i;l�i s ��asn' t meant i.o be a cri ti ci srn. Ide vri 11 have to spend a lo� of mon�y to do it right. We also feel we h��c a p►�oj�ci; �that �r�e aren'i cor�cerned abauL gettir�g on an 'aul;ornobi�le ro�r-�', so to-spcal;. It t-!as a ve�y f�ine econon�ical �racfuct. He said r they t�lere open mi nded about al 1 the e>:tei��i or developrne:nt. Ir� fact, he woul d 1 i I:e grass a11 t:l�e vl�y c1o�,��n to East Riv�r Roaci. Ile contin��eci, that as t�1r. Benjarn-in had stai�ed, G�:�e ��eeci rooi�� foi� � ne��J car inventory of 50 c1��s, and a�U car used car ir,��entai�.Y. � He said ch^y ��ere not in the used ca7� 'jui��i:' c� � l�us-i�ess. It 4��as not ecet�emical iy sound for �.hcrn to p��t a. lot of cf�eap used cars on a hic�h priced faci�lit:y, so conscque�n-�ly ihey oi�l,y rei:ail la.ie ��1ode1 usec! cars, and ��r� �immed�iately ro�ate ou�c old cars to o�her areas anu other deal e��s . I-{e re��ated tl�at �they �F,�re open mi ndeci about 'che exteri or � develo;�men�t of th�i s p�°oper�y. Mr. Stephens said ti�a�� th�y did not use pennar�ts, beca�ase in the fii�s�t. plac2 � they aren' t al 1 owed under mos t Ci �:y codes , anci they d�i un' t�•fant ta use i:f�em. As . far as 1 i c,�f�i:s , he thought �,�i th clayl igi�t savi rl� timc, tf��y cnly i�sed 1;hei r 1 i gh ts about 4 I11011tI15 of �:he ye�r. �fhe`� ��fere open un�ti 1 9' o' cl ock P�ionday throu��h �l�hui,sday, �� :hey closed at G o'c�lock on FriQ<<y ai�d Sa-�urday, ai�d t�rere closeci all day Su��ay. He sa-i d-�.hey ��dot�l d ha��e �.o have securi ty 1 i gi�ts to hel p ��revent vanda7 i sm. 1 � P�ir. Fred Mul vi hi 11, 14-0 Crai g��!ay, sai d he uncierst.00d there had been a tra i fi c s�:ud,y cio�ic to brir�g �tl�lc traffic COUi1� CiOi�dl1 on Cas�r Ri�� r Raad and divcrt sorTe of the �ir�f�f��ic o��er to Ur�iversi ty /��,��nue. He asked ii= �his proposa�l ��oulun't defea�: � that �?urpose. He saiu f.he rlilt,oad crossing {�ad no sic;na.1 on T7i:h 4�day and h� t�jou�l�i: this proposaal could ac:,a to a dan,�erous situUtion. P�1r. Clark said aga�in �;hat get:ting back to }i.he st;ildy dos�c=� 3�0 5 years aro, that � at that �timc, al tho��7h thi s ��as not mandatory, tV�ey �•,�ere tf�i nk i nc� of closi r� j�:he 77th '�day cross i ng a��cl i��o�fi i�q ti�e crossi ri� u}� to 39th . �9th t��ou l d be tl�e pr•oposed si gnal �iocat�i on, and 81 st mi gl�t be n�ade a r��i l road cross i ng al so. Then vde �-�oul d thave a ra�il�,oad crassi►�g a�; QsE�o�rte Road, 79i:1�, 81st arjd B5th. (�ir. G. M. Kam sa�id he had bce�� on �:he safety con�mil:tee for many years, which 4ti+as � no�� defunct. Ne said they had a`lot to do GaJ�itll �ui.tir�g 7n �:he stop signs on East River Roaci. He sa�id �they had ivany argu�»ents a�ith tl�e Cot�nty. They said �l;his was a Co�mty Road and the�� wanted to move traf f i c, so i:he poss i bi l i ty of anoi�her s i gnal L light on East River Road �,�as very r,emote. I�� said the tra�fic was very dense and dangerous. , � � Mr. Clai'k said he didn't say there ��as coing to be more signalization, it was just that someone h�d brouglit up i:he poinl: oF a signal at 77th Iti�ay �nd I�e was poini;ing oi�t th��t there V�ad never beci� a proposal �=or 77th, and if there G��ere ever more signals, they would be further nori;h. Mr. f3urkholder said he a�ould like to ki�ow the petitioner's fu�ure plans, if by some n�iracle he t�ould c�et ap}�roval of his requcst. Ile said �he dicln't doubt h1r. Stepliens' business acumen, i�e tvas a successful busincssnian. Mr. C3urkl�older said the � C � � � � � � L' J Planninq Conunission Meetinq - 11�>ril 9, 1975 Pane 19 3R building 4�;as alre�dy on i;he location, soine cosm�etic treatment, and it wouldr�'t cost; m«ch �;o get a business started �;here, maybe �2,000. I�!h�at if in i;tti�o years �;1111C h� would dcc�ide to go over to f-I�iyhti-ray �tGS and stari a la.r�e operat;ion? Leonard Samuelson, 7�00 Cas�: River Road, said tha�; f�ie hoped that ��1r. S�:ephens vdould ap��reciate t{iat the ��eople in �;he audience tti�ere t�r. Samuel �on's.nei�hbors. I�e sai ��;I�at he ;•ras �;hc� ori c��i na1 bui 1 der of i;hi s property, and sai d i t v;as bui 1 t and zoned pro��erly for a poo�l center, a.nd ��fien �;his building ��as i:aken over for a motor cycle and s��o��rmob�ile business, t;i�is �vas un}u-�o+,�rn to him because he no lonqer Ol'rilF'(( (;I1� huilding. Ile said �;he operatio�� tf�at P�ir. Si;eph�ns wa.s concc�rr,ing himself with �•.�as a far cry frorn snoi'r`C110I)l�f'_s and n�otor cycles. Iie said hc� had visi�ed Pir. Sieph�ns office � in St:. Lou i� Par°k and founc± th� operal;ioit very quiet and cor�densed, and found a vcry f�ic�h gr�iu� �f personrel avai�lab1e a�; th� �iacility. He said we i•,�ere ta.l ki ng abo�� t dol 1 ars and cents , on ��hat 1�1r. S�tephei�s �•�as goi ng to i nvest i ri thi s operation. He saici he had dra�•,n up tf�e prelii,iinary pi�ns and it h�d ta�en abo;�� t�,�o ��reeks �o price out tfie improvei„�nts «r. Stephens wanted to make.. He sa�id (�it°. StCpll�ilS r;oulci b�� sp��;ding in e>:ce�:s of ��rhat it cost �:o build �the building b��ci: in 1968. I t wi 11 bE, i n th� rea I nis of $1 UU,000. Thi s t�,as to up,rude t;he f�:ci 1 i ty �-�!i th iandsca�?�inc1, {�arl:ing, paintin�, th� sic�ning, black�;oppii�2�, ct�ang�r�g �;he fence ancl in�erria'I in�prover�enLs. Ne sa�id that 4�;hen P��ir. Stephens and h1r. C3enjamin appr�oach�d him they saict �chey ��,�anLed to do �;he job ric�ht. I Mr. Sar��elsoii s�id tl�at e;�ery oi�e f�e��e l�ad the same prob1em. We have an existi;�r, structure. If {�r. S�;e��l�en� doesr�'L prov-ide the in��estm4nt, he said �vi�at do ��e i�ace? He said ��,�c� t��ould have a vac�Ani� Luilding, �the exterior of tti�hich 4aoi�lcin't be maintai;��ed , and the arc�a v��ould qo co r,ecus. I-fe saici tf�e adjoining praperty P;au already gone �tht�ougi� for�ecl osure. As a vi abl e nei qhborhood, v,�e ro face a probl em. I�e sa�i d you cun' �(; go up to the Plann�ing Cor��n,ission anc say ti,�e c;or't avant thaf: buildir��, zone th� prop�r�y to res ident�i al . ��;�i i�� th� exi sti ng � oni rig, v��i �ch �:he exi sti n� bui 1 di r}g, ��Jliai; cio yci� do? � � You have a��ituatioi� �.�h�re hir. S�iep'r�f�ns t,�as only requc,s��ing a Specia1 Use Permi�c. Mr. Gurl:f�oldcr sa�id {�ie apf>��ec�i��teci h�i�". SaI11UG1S011�s remar(;s, buf. (��e too(; exception Ito che neiqhbo��hood hav�inc� the pr�of�lem. He sa�id �the neighbor��ooci cJid h�ve a problc�m. . He sai d that the fact 'cfi� t soii�eor�� aG��ns a bui i d� ng the��c didn' t rnake �he nei yi�bo,,hood ob1igated l��cause �eople had mac,e some bad �iuclgemenf;s. H� said the City had a G�:e�d � control proc�ram, and th�is �.JOUId ta{�:e care o�` the vaeects. He saicl h� was a b��siness«ian , ai;d �1r. � Sam«e1 son G,ras i» Lusi nes �, 1nc� n� or��e t:akes us ou c ofi i�; i f ti��e make an er�rc�r in judqeirFCnt. P�1t�. G�.irkhalder said he didn't cot�sider this as his prot�ler�� o�� F►�idley's. � � , , � � P1r. Di~�igans to�ld P�4r. [�urkf�old�r� ��ha�l. vJt,�zt I�� thoi��fii: fr1r. S�muelson t��s allud�ir�n to was tha c i f you 1 ookeci �raunc.l i ri t?�ar�,y of ��f�c� comiilUll�l 1;'1 C'.5 and sa�;� al 1 the c1 oscd ser��ice si:ations �,�ith the G=rindo�;�s bcar�ded �!p und tl�e bui�idinos gr.ti:�inn d�ilapiizted, that �:hi s ��as vdf�at he n;ean�: by l�avi ng a vaca.nt bu�i 1 di ng at thi s 1 ocati on. P1r. Dri yans sai d h� di d��' � 1 i ve or� East fii ver Raad, b«t I�� ti�as concer�ned about any �Ill}�t:�� b��i 1 di ny in �ridlc�y ��r�d its aestheL-ic appezra»ce. P�ir. [3�ar{:holder sa�id he agreed with f'�1r. Drigans, and said hc� ownecl the properiy across the street from this i�uilding, so he did have a vested equi�;y in the p��operty, and he didn'�t ��ani: anyor�e to construe that he didn'i: care. lie did care. IiE� said that he was concerned that Fridley have the right thing in the ri ght pl aces , and i:f�at ti<<1s ��1hy he had attended thi s meeti ng. He t�asn' �; Zgai nst proc�ress per se. Ne said he tvas in the real es�ate i�us�iness and it was a nation-wide problem, these closed service si:ations. He felt that they would find alternate uses for thesc� stations, i:he same Wc1y f1L' feli; a be�:ter ultiinai:e use could be found for this particullr corner. . Mr. Samuelson said he felt this proposal was a viible use for this facilii;y. � , � � � ' , ' � 3S Planninq Cot��n�m7ssion P�1eeting -_ April 9, 1975 Page 20 Mr. 1)rinai�s asked if �;he snoi�rn�obile a��eration ai: �this corncr required a Sp�cial Use Permit. Mr. Clarl: saic� he didn'i; �:hink it did, but he woulci like to check the reco��ds bc��ore this w�� accepted as a fact. flc said he ci�idn't know if our Code callcd for a Special Use Permi�: for i;he pool center in 196II,e�ither. P1r. Drigan � asF:�d t�ir. Si:e��hcns i r he Gvould elabora�:e on the an,ount of traffic that ��:as generat.ed c7.t I115 St. Loui s Pai,l; opera �i on. l�Ir. Stephens s��id he d�i cin ` t thin4: St. Louis Parl; ir�auld bE� a c?ood comparison. He sa�id i�e wauld discuss h�s oper°ation on I. �94. I{e said they r°an an <��er,aae of� 25 repair orde►�s a day. Fie said they solu on the avcra�c of"L to 3 cars a duy and their sales ratio Gti�as 1 out or 4 custom�rs. They ��;�ou1d sei1 thc,t �„«ny c�rs ori r'rom 10 Zo 12 c�stom�rs. li� saic! �•re arere t�7king about 1,?_ �,�;alk-in cusco�ners a cia�/ and from ?_5 to 35 service custo�i�ers a day. 7her� you can plan on haviny about 20 en�ployees. P�ir°. Drig311S asked 1�1t°. Steph�ns ho,�a tf�ey roac� tesi.ed �lle�ir cars. Mr. Si.ephens said ihey �cio have son�c ro�d tes'cs, but they have a dyr�amo�r�e�er, a►�d he i:hourht i��os�� peo�le ,��rere fan�i'i�.�° i�r�ii.h tViat. I-dl;en tliey do a road �l;es�t, they take �f�e ca� o��t c�;� the roaci anci r��n i t i�or a hal � h�lut~ o�~ so. fle sai d thu c�:h�y real ly di d very �f i ti. ;�� r•oad tes�:iii� thougl�, because this ec{uir�m�i�t ��ras pi�ctf.y sophis�icated. P1r�. Drigai�s asked ��1r. Stepk�ens �-,+ha�c �-rould be �:he not�n�a1 periad of time �hat a used car vroul d si t o�� che 1 ot. I��r. S�Lephen� sai d�f:h�y tri ed f:o tu t�n th2i i" COillp� �'te inventory every 30 days. 1-1e sa�id �the cars a��ere on the loi, some�:in�es only 4 to s7x days and he 1;l�o��g}��i; �f,he average lengti� ��ould be about 10 cia��s. , l�1r. Dr•i c;ans asl.ed i f t}�ey i ritended to have a servi ce faci 1 i ty at thi s loca�:ien. - I�ir. S�i.�p �ens s�tid y�s, t!��a�L ��ras �•,�hat tr�ey vJC��e using �i;h� back part of ti�ie bu�ilding fcr � ancf t►iey would have 10 ��vct�ar�sTCal stal�)s ��i;li i�ois�i;s. , 1�1r. Drig�ii�rs as�;ed �i i they ��roposed to da any f�ody ��;ork. f�1r. Stephens said na. � h1r. St:epl��er�s s�id tr�is bu��il�iir�g was a warehouse t,pe shell nc»r;, and a lot � expense io�� ihis bu>ir�ess ��,�ould be an elabo��ate fire proo��ing of tfiis buildinq. Mr�. Dri ,�ans as I;�� i�f �tl�i s f�ic i�! i-f:y had a spr�i ��I<� er system. P�1r. C1 ar!< sai d t!�ey hadn `t d�i scussed thi s t,��i t:h f°��r. Stephens , but Lhere �,�oul d ha��e to be a one liour � wail bcf.�-�ee�� the mcchanical and officP portion of the building� and they would to pui: �ir� a onc� I�ou7� ce�i1inJ i�i tl-�e i7�echanical area or go to sprinkling. o �� Fi re i��v� , ��ir. Dr i�ans as k�d i f�t:hcre ��JOUl d be any storage of gasol �i ne a�; �hi s 1 ocati on . Mr. St;epf�ens szid he cioubtec� tl�at vc��y mucf�, as �;hcy�e was usually a service st�tion in the area �that they would use. , � ' LJ , f�1r. Langcnfeld asked I�'ir. St�phens if t.l�e��e had Ueen any dev�lopers interested in developitig �;his pror�crty �s residentia7 p►roperi;y. ��1r. Stepf�ei�s said he �,�as not familia�� ri�;h such a requc>i:, as i�e t�as E?urchasing th�is property on an option basis. Mr. Langenfel d sai d he wo�.i 1 d 1 i ke -Lhe audi ence to th i nk . aboui: i�f ti�cy �,�oul d 1 i ke an apartment building, or a duplex on this property, or 1;o have the building remain vacan�L. He said he would lil;c to as(: f�1r. Clark �ti�hat tax benefits, if any, could be derived by the peo{�le in 1;his area ii' this proposal �vas approved. Mr. Clark said 1:ha�;�in i;he firs�: place, he was not the tax assessor, but he didn't think there 4•aas any place in Fridley ��here a property owncr was given a d,irec� tax credit for wl�atever t,�as across 1:he strce�: from thein. He said �ny taxes derived from this property would I.�e jusi: part of i:he taxes collected, and any benefit would be s}�ared by everyone. �� . I r-, ;� i � � P1 anni nq Cammi s s i on P�1cet i i� _� A��ri 1_ 9, 1975 ____ Pac�e 21 � � T Leonard f3randt, 190 Craic�brook Way, sa�id it had been mentioned how much money �✓�r°. Stcphens ��ras ready i:o invc�si; in this business, l�ut fie too had invested a lot of nione,y in f7is ��roperty, and if tf�is u�e vras a1lo�ved, it could lower the ��a1ue of hi s house. Ile al so ��,�oriclered �i f ��ir. S�:e�l��ens ��as goi rig to want to purcha�e thc lot to the nortfi oi� this proper�:y, to use as �z r�ai�kinc� lo�; in the fu�ure, if thinc�s tvcnt v�ell. Ne also �,�:as cor�rcTr�r�ed about tf�e �I�ruf?bery. He said f=ridley alw�ys rc�c�uires thlt i:i�ey put in shrubi�ery, anc� developers do, but by �:he second season i t t�das al l dead aricl yone. They nevc:r tal:e care of i t. Ile sai d he hac( never found out thai there ►�ras a mi�s� Ll�ai; they rnaintain it. I�ir. Stepl�en�; sa.id he had no nceci for the pre��ert:y to the north of �:he loi: he � ��rants �:o use. He said i�e tf�o«c�fi� i L�-roulc; gct economica1 iy top-heavy to purchase ti��is lot alonq �-��ii:f�� the oi;hcr �ne. Nc said tl�c p�iccure they f�ad present;ed of an exi st i n� fac�i 1�i �;y h;d been i �i opera ti o�� for r�i ne ��ears , and thcy coul d see I�o�-r ' r�ice the shr��bhery a�as and ho;�� it had bcen mainta�incd. Fle said it �•dould be very detrimental i;o i:he�ir Uusiness to iet tl��e l��idscaping yo do��m. � I�ir. Br�andi: said i�c tho�.ql�t this G�ras c�n� of �;h2 choicest areas of Fridley, 1i�d this �•,o��ld be dr��tr•im`ni:�l t:o �c'r�c� are��. I��r. Si:Lphens sa�id his on�ly ans��!er �i.� �hat would be �.hai this ��ro��1� be ii�uch, much mor�� desirable L��Gn l�J{1dL h� sees on that p►�operty not��. I�e said tf7ey al��rays mU�intain�d the�ir opera�ions. Jan Secc;ar said that: one of �tl��e fear�s h.r neighi�ors h�{� ��as i�hat one �?s�d car lo�t could leau to a'La'r.e� S�i.reet' along East River Roacl, ra.the�� than v�hat t�,e had n o�� . ��1ary P�9art�i n sa�i d �hat t��e peopl e t��ho 1 i veci on Cr�ai g l�,ay ��ei�e ready to i��ove o��t of th�is area, jusl; from ��na�; vdas on tha�, corr;�r novr, bu�; i�; v�as econon�ically unfcasib1;� �tn�z�r tl�e presenz circu��tar�c�s, so ever� ii= i.l�is propos�:l i�rould in;n��ove this prap^��t„ i i� ��as s ti l l r�el a ti v� . Sl�e s�� i d sf�Te 4�,�oul ci l i ke t.o I;no��J i�a��r many securi ty l i ghts i:r:�re tAlere going io be ai�d ho�v br°�ic5ht �:i�ey �;�ou1ci bes hec�use sh� �-��as going to have to sleep t�ti�i th the��. I{er seco��d quest�i o�� l�:as f�;o��! n��,.f�y �Fee�t c�f bl acl:top tl��y G�rere go�i r�g to adJ to th�i s property, because every -foo� o i b�l ack cop �they put �i n wi 11 di�ai n i n her back ya rd . t�r. Sam«elson saici t.iie iricreuse ii7 �the blacl;r.op area ��ould 'ue af�out 1,�00 sq!�ar� feet �-��hich �-,�ould drain to ti�e [=as� R�iver. Road di f;ch i:o the Creel; �nd then �;o the river. He sai d �he drai ilac;e as i�(: 1-,�as und th� drai ��a�,e tha c t��i 11 Ue, t��oul d bc ne�1 i gi b1 e. Mr. E�ob Ducholr�� asked �tl��a�t i-� the 5;��c�ial Use was grani:�d, would it be strictly for the I�li n Ste��hens Datsu�i deal ersh i p, cr t-t�ou ! d th�i s pa��cel o�= 1 und al�-days have tf��i s spec-ial use. hir. Clark sa�id he ��,��s noi tf�e C�ity 1lttorn��, bui, ��re have in i;he pasi:, i:icd the Special Use i;o a pa��ticE�lar o��erat:or, 4�aith the s�tipulation tha�; a change in ot�Jnershi p ��,�oul d requi rF� Co��nci 1 a{:�prov�l . /�s far �zs he knc.>>>, this hadn't been challenged. �H� said �.h3�L if t�Jin S�:e��Vi�ns �-�a��ted �� rans-Fer the� Datsun� dealcf°ship �to another owner, i�t �voui d pirobab1y L�e ha��d to drny the sccond o��ner,. Perl��aps i f i t chanyed from � Datsun dealersi�i{� to a differeni: dealersh�ip, denial might be easier, bu�; he couldn' i: say. . Mr. Duei�olm asked that i f a S��eci al Use Per7»i t��vas granted for i;hi s opera�:ion on. thi s 1 ot ai�d ��1r. Stephens dec�i dcd to purcl�ase and use the lot to the Nor�;h, �roul d tl�is Spccial Use aui:omai:ically cover that lot. h1r. Clark said he could usc i:his lot for customer and en�ployee parking without a Spec�ial Use Permit, Uut if he wanted to use i t fior� the sl;orage of ncGV and used car,s, i t woul cl requi re another request for a Speci al Use ('ci,m�i i:. . 0 � Plannin�� Commission �1ec�tii� - Ap►�il 9, T975 Pac�e 22 • 3 U Mr. Ducholm said ther� were 32 parkinc� spaces on this property. fie saici , Mr. Stepl�ens ha<i sai d that �:hey ��i 1 1 ��ave a ne�� car i nv.zritory of 50 cars , a used car inventory oP 4-0 rars, ?_0 employee car,s, and 10 customers a day. This adds uE� �;0 120 par!<�ing sta�l1s., and he didn't see ��here all these cars would fit on this � lot. Thi s was fiour L�irnc�s ii�ore ca�°s than he had s1:a11 s. He said i t vroul d seern to him that the l at t:o tf�e north woul d bc useful for crnpl oyee and cus�;omer par{�.i ng. Mr. Ilarris said f�1r. Stephens could usc this lot for that purpose �•�ithout a Special � Use Pcrm�it. t�1r. D�.�eholm sa�id that was the point he w�s �try�inc� to make. 1�1r. Dueholm asl<eci f��or�� the cars �ti�oul d U� del i v�red. Mr. Stephens sai d they ��doul d be del i vered by ti�uck. � � ' ' C� R1r. St��hens said he 4�,�oulc� ��yr°ee tl�at they j�ave a limi�Led amount o-f parkino on �:hi s ��roperty. He s�: i c hc �el t; 'chey coul d qet by �•ai th ��I��at �;hey had, because al tf�ough they liad tall:�d aboui: j�av,� ��z�ny cars i;j�e�� woulci have on i:his lot> there was a lo� ofi f�luxuation5 and SGIl1G�;llli�.'s tf�eir stoci< ti�las 1c�r and sornetimes t{iey yot in a 1ot of cars at once, so t��ere ��:as quite a var��ial�le. He said he 1;hought t;hey could get by, and tr�ey could i��ai:e use oi L('lll�)OY'dY'y s�toraae in anoth?r urea. h1r. Drigans said tha-t -if ��ir. S�cepfiei�s ��,�as given a Special Use Permit, and he i0Uf1Ci I;IId� tl�is vras not a fina��cially souncf dealershir�, in ��o way �,�ou�d he be allo�E�:�ea �;o o�?era Le t.hi s as a used car lot only. Thi s wus an excl usi on i n a C-2S zoi�i ng, so hav� no fears that this ��ras going to be a used car lot only. P1r. C1arF, said �rre f�ad gone into this before f:his eveni��g, but f�e t;ho��i�t t}�ey , shou1d r,o into �•�hat 4�rould b^ allo;��d in th-is zone G�dithout a Speciai Use Pe��mits ��,�hether it ��!as econc�rnical1y feasibie ar not. There are mar�y other comm`rcial �ses thai coul d be p�!t on thi s pr,oper ty and � he t{�ought the P1 anni ng Commi ssion, �:he Caunci 1 , and 'che people lI1 this area shouid I�� as�rare o�f this also. i'e said he wo��lc�n't gc tf��rougi� th� per��i�ttcd uses in C-1 and C-1S zoning, al�thouc�h they ��:ere all allo��ed �in �a C-2� zone also. 1-he permi�;ted �ases in C--?_S are drug stores, harci�Jare s�;ores, depa3�i- � n�ent stores, bakeries, ba}�s, taverns, 17ousefiold ec�uipmei��t repair shaps, florist si�ops, COilllll�'1"Ci u� Y'CC1"Gdt.lOYl 9 Y'�S1`.�iUY'csll�.S , F?XC � U�111C� ��CIY'1 \'�-11'1S �� ho�:ei s, I110i;F'�.S 5 theai�i°s , loc;ges, asseirbly halls5 a�adi i.oriun�sy hosp�i��als, c1inics, nu��sing homes, convalescer�t ' f}017iE'Sy homes for tl�e eld�r1y, oii�icc�s, including business an� professional, vocatic�r�al trade schoo"Is, labora�:or�ies, medica�i., d�:n�;ul a��d opc�ic«1, and hari»less and 1i10�"fE't1S'I�.�e l abora i.ot�i es accessory to {�erm�i t t�ci uses , i n i;h� sai��e f�ui l di ng, other retai l o� who1 esal e sal es or servi ce uses ��,�h-i ch u��c� simi 1 ar i n cl�aracter to those enumerated � abov� 5 tvi 11 not be dar��erous �r ofi{��rt��i se c�etrimerl�;�l io 4J°1"S011S residi ny or vlor�:�i ng in i:f�e vicinit,;J ther�eo�. ' Mr. Clarf: saici tha�t in add�ii��ion to these prir�ary ��ses, there v,�ere accessory uses ��;hich ��er~e: I;�isine�s sic�ns, of��-s�:reet par•k7ng �'acilit�ies, ofi'-s�treei; loading fiacilities, recreat-io��al f�c�iTit�i�s such as st�in,ming pcols and sl<ating rii�E:s, which ' arc avai 1 ab�l e ta the publ i c, storlc�e o�f inerc��ai�d�i se,sol e I y i ni:enc(ed to be rctai 1 ed by a relat:ccl and est�bl�ishcd pr�incipa�l use, �;elephone booi;hs, I�us or taxi loading and unloading facili�;ies. � ' ' ' - ��ir. t�J. "Red" Star7g, of A-1 Mo�:or Sports, said he was part owner of the building where tdr. SLep}�ens G��s requesi;inc� to h�vc� his nc�� car dealership. He thought the wrong in�pression had been g�iven that this building would stucid entpty if Mr. Stephens request� t,��as denied. !ic ;�id I�e had been appi°oached by Kowasaki and they were wi 11 ing to L�ack him in havinc� the largesi; Ko�aas�ki motor cycle dealei°ship in the United Si:ates. Hc sa�ic! fte co«lc! have tl�is dcalership on this pro��e.�rty. 1-le said he would r�ther move over �:o Ifiqh��ay �(G5 and remain 1 small opera�:or on a more personal basis, but rather than h��ve ti�is buildirtg stand e��pi;y, I�e would go into this dealership and he would have to i�andl e a n�i nimum of 35U to 50Q motor cyc1 es a year. � • • :� � Plann�nc; Comnrissioi� 1�iceting - A��r�il 9, 1975 __ � Page 23 , t�1r. C1arf< said that our zo�iing ordii�ancc doesn't say that snowmobi�les are a permi L-t;ed use or an excl uded use, or e��en i f i:ha�; use needs a Spec�i al Use Permi t, probaUly because no one had heard of sno��J�T�ob�iles �vhen our ordin�nce G,1as written, so � he diclr�'t kno�� if ��1r. Si:ang could have �:his large an' operation or not on this proper�;y. He saici ii; ��ould i:ake a determ�ina�Lion by �;he 7_oning /�cim�ir�isi;rator and �:i�e City ltttoi°ney uefore i t�ti�oul d bc knovan i f thi s��;�as a permi tted use. , � � l�r. Harris said the problem t,�ith this a,�as tha.�: Mr. Stanq had already sold sno��7�ob-iles ar�d moi:or cycles at i�hi� locatian. rit�. Clari; said he was a�-�are of that, Gut he didr�'t knoiv aheut tl�at lar�e of an oper��;ion. He couldn't say �;hat ��ir. St.ang cotald or co«ld not do tf��is. ��1r. Karn said it vras his observa�:ion tha�: this sno��rmobile business and mot;or cycle businc�ss had sori: of sneaked in ihe back door, and if an��one had been a4�rare of vahat vaas going in at tfiis �OCdt�lOfl, it arould have faced a lot of opposii,ior. � �1r. Q«rkholdc � asked h1r. Clark the percen+.a,e of land area coveracie by �;he bu�i�lcfing, the percentage of parl:ing area and ��:� ��ercen�:age o�(� green a►~ea n�cessa��f i n C-?_S zo��i r�g as he ��a.sn' �: fami 1�i ar 1^t � th thi s sect i on ofi the zoni ng ordi nance. � I�1r. Clark said i;he building cou1d cover 40%_ of the land area, and this buildirig �•;��.s 7ess ihan 40%. The gree�i area �nly f�as to be a 2U �=oot strip along t;h� ►�ig��: of ��ys oi� v;�heii �it 4rras adjacent to resid�nt�ial proper��. On the park�ng, 20 �foot o% �.he � ront area v��as rescr°ictecl, ancf thut t��as i;i�e green area, and i:hey cannot �ark any closer �o ' any lot l�ine tl�ari 5 feet. He said he couldn't -fi��d any r�strictions on the perccr�iage of bi ac(:top �i n the Code. ' � ' � � ' � ' � � P�1r. Dric�ans said tf�at one of the reasons for� a Special Use Permit was to al �oiti� the C�ity t:he right to �s'tublish ceri;ain regula�;ions and restrictiol�s on �the pro��e��ty. Ne sa.id this could inclucic� the number of vehicles allov�eu on the p��op�rty and ar�y o�:her restrictions thal; i�,�ere pertir�ent at�d r�a.sor�able. Mary (��artin sa-i� �Lhut. ��t�hen �:I�is lot �.vas �full, people �ti�ould be forced to pari: or Eas� Ri ver Ro�xd. P�ir. S�ephens sai cf he st�i 11 rel t�hey had a.dequate parki ng. The�� would k��E� tl�e dr�ive �in area o�e��. {!c sa�id th�is �type o�F op�r�a�.ion d�id not have a rusi� hour 1 i ke a. grocery stoi°e or a dr«g s�.ore. fle sa i ci peopl c come and you. He sai d�chu,y u,�ere anxia�is to have p;�ople con�u ir� easi �ly ar�d r�eadi ly and I�a�Je a p� zce fo�� th�m ca park. lir. f.�en jami n sa i d�cf�at i n tl�ei r i-ac�i l i-ty i ii south (�`ii m�eapol i s, they do use auxiiliary par,l;ing ior their r�e�-� cars so they car� keep adeq�a�;e parkit�� for tI1E71� CUSt01T1�1"S. I�iary P�1a�, t�i il sai d she di dn' t feel she go � an adequate answer on ho�� much bl ac': top �:here �w�oul d be ot7 th�i s faci 1�i ty. P�Ir. Samuel son sai d he coul d shoti�r vrhat 4+/ciS bei ng acided� and he d�idn'�: tf�ink this ��fould increase the run-offi from tl��is properl:y. She said t.f�e other c�uestion sl�e had asked ��Jas ai� i�f�c light-in�. Mr. Samuelson said this was t� ve�°y good q«�stion �nd o��e he �•�as sure other p�op�le were concerned about. H� said Ptr. Ste{�hens had ans��ered the quesl;ion on �;he 1 i ght i ng on when the faci 1 i ty 1�1as open far bus�iness. He said the security li��htinc� 4�aas anotl�cr question. Mr. Samuclson pointed oui; on the plot pl�ln wher� i;he securi�y lighting would be located. He said that th� security light�inc� �,rould be di��ected b�ck tovearcls tl�e site, excet�t for the hiqh intensil:y li�lit on the 20 foof: pole. TV�cy would I�ave 120 foot candles at the bumper level �zi�d back fu►�ther they would have IIO foot candles. Tl�ere ��rould be moilni.ed fixtures on the building itself. I�lary ��lartin said shc would like to address i;he Planninc� Contmission as a member of the Environmenta1 Quality Conunission. She said that as a u�ember of the Environmental � Planning Commission Pleetinc��llpril 9, 1975 Paqe 24 ' � ►'� � Qullity Cair�mi�sion she �-�as concerned �I�out t.he quality of life in FrTdley. She tV»�i�ht thi s i nc l�acled wliat you 11ad to l ool: at and l i s Len to, and evcryth�i ng el se. She ��rG��dered ii' P�1r. Stepr�ens ��aouid likc �;o sleep under that many liyhts. She � thou�ht these i:hings ��aere very im��ortant in oi°dcr to con�;in«e tl�e quality of life in 1=��idley, and 1;l�ought tl�e resic(�nt� as 4�e11 as businessmen had to be considcred. h1r. Stephens sa�id ih�y I�ad had si�i��ilar pa�oblems before, and thc,y did put � reflecto��s and shie1ds on thcir lights so there was no refleci:ion ac�°oss 1;he street. Tt �-;or4:ed out very ti�rcll � anci he ��aas sure �:hcy could do tt�e same th�ing in Fridley. � ' � ' ' L� , �I � � , � i � ' ' � Mr. l_angcnfel cl sai d h� ��roul d 1 i!;e to read a pot°ti on of i;he Fri dl ey Code to the aucfi ence. I{e sai d i t perta i��s i;o t�:�hat �>re arc di scu,si ng f�ere, and i t may hasten thi s (�1 SCLlSS1011 a bi t. Th�i s v;as i n regarcl to a Speci al Use Permi �;. He sai d i t stated i n the Code that "�Lhe pur{�ose o �` � spcci ai use per��i t i s to ��rovi de the C�i ty o-f Fridley ��itk�, a reasc��able dec;��ce of cfiscre�;ion in det�ri��ining i,he sui�;ability of cert:ain designai;ec� uses upon the ��ne;�al ��,e�lfar�, public health and safety. In mak�ing cl��is cletcf�ii��na.tion, 4-rl�e�her or nat i;f;e s��ecial usc� is �Lo b� alloG-red, the City mus�� consider cV�c natu�•e of thc la��d «pon ��hich the use is i;o be loca�;ed, and nature of i:h2 ac�joinin� lanci or buildings, tl�e prox�mity or a simi�ar use, the efit�ect �E�o�� traf��=ic i��to a.nd �from the prei7�ises, ar on any adjoining roads the total numbe•r of sin�ilar� uses �,rii;hin . the Ci l:y, and al1 sucf�i ocher or �further �factors as tl�e City shall de�m a rcqt�isitc of consicleraiio�� in de�ermir�ing �the effeet of such use on f.he gereral �v��lfare, public healt}�; «nd safe�Ly." ��1r. Langenfeld said I�e ��rould like �co iridicate ac 1;his poii�t, in regard to environmQntal ��ocedures, etc. �;hat bof.f� tl�e Planni��g Ca7;n�issio�� and the Fn��ironmentZl QualiLy Com,nission vrould lil;e to loof: into i:his requ`st. �ie said �:hat in readir�c� lvfi�t the.�:�rp�se o� a Special Use �ern�it �•,�as, yo�� co«�d sen th��: before ar�y c�eLeri»ination could be macie, all of these i�ac:tors m«si. be givcn �rcper consid�r•at�ion. . P�1ary P�iarti n sa�i d that p i ece o i property ��,as al ready hi gher than the resi denti al area. 1�1r. Charles S�e�ar said he thaught; I��-is Z��c;ues-c sf,�ould be turred dotivn and the propert.y 1 efL as i�c r,�as unt.�i 1 a proposal came i ri �hat tl�c resi dential area coul d 1 i ve wi tl�. (�1r. D��igans .�a�ici f:�� or'�ly way th�s proa�erty could be rezo�ied ��rou1d be if the ownet, asked fo�, i,ezoning or �i�° �.he City ��ent tE�rough condemnai:i�n proceedings tivf�icf-� wou1 d l�e ve�ry �>;��ensi ve . . D�r. Lanc�enfeld said i�� appreciated the �Fee1ings o(' t{�e people G•rho live alor�g East Ri ver Ro�d bec.ause he 1 i ved on East: Ri ver Ro��d hinisel f. He just wan ted to br�i ng out i:f�ai t;he ('lannir��q Con;m�iss-ion hacl co tal:e -ir�to considera.i.ion �;he rights of the proper�;y owner also. He has tf�c, right to t�e heard. lie said �;he p�arpose of a Public Ifeai�ing �-�as so �;hat all pa��ties could he heard. �1r. Qurkholder asked i�f the Datsun sign would be lit up at night: Mr. Stephens said �:ha�: if he meant all night, no, i1; vdould go off �^��ith the exterior light, leaving just tV�e security liyhts on. h1r. Stephens said i;his sign would not be �laced on the buiiding as it was shown on �:he draw�r�c�. Ti; �•rouldn't meet i;he rc�q�iirements a�f 1;he si�n ordinance there, and would be placed on thc back portion of tl�e building. He said, as he had men�;ioned beforc�, tha�: the exter�ior 1ic�i��s ��ouid only bc on for about 4 u�onths of the year because of dayliyht savinc� time. . � Planniny Cc�inmission Meetinc� -/lpril 9, 1975_ _ f'aqe 25 � �)� � ��Ir. Cl arl: sa�i d coul d bc rai sed ttivo top of t;he roofi. they h�id d�iscussed i:fje �al:sun sign w�ith Mr. Ste�hens and it feet al�ove the ro�f af the building, but it could not be on ' P�ir. Ha��ri s had i i cal l ed f;o hi s ati,enti on i;hat not every�ne v�ho shoul d have been noi:i f i ed of tr�c Pub 1�i c i Ica ri ng fiad i�ece i ved no ti ces i n tl�e nra i 1. He rcad the mai1 ing lisi; i:o i;l�e audienc:e. ��ary f�iar�:in said there ��ere peo��le that should have � beer-� r�ot:ified �1;ha� i��r_=re not on t;he l�ist. t�1r. N.�rris asf,ed the staff to checl: on this. Cha�irman li��rris sa�id this Puhlic �iearing notice alas also published �in the Sun (�e��,�s��,x�;�rs. P,r. Cl ark sa i d t.hat i f the C�i ty Cocic vr�re fioll o�fdc�d, only persor,s � vrith�in 200 fee�� of �.his praperty vdo�ald h<<ve �Lo be nol:ified of a requ�st for a Special Use Perinii�, �ut in ��raci:ice �.��e r�oi.ify everyone �-J1tI111'1 30U feet, except for rero��inc�, and tha�t G-r�ls 350 fect by State Stu�:ute. fIc said it ��as not ihe intent of anyone on the City s�a.�� io i�ot ser�d out i;otices of these P;!blic ficarings, bec�use ��c all � ' gain from ci�;izen input a�: �I�i�se hearin�s. He said tf�ere t�:�as son;�times a lapse of 30 t0 GO days in c�ct�.iry a r�G�� property ov!n�r's name fr,cm the County and same people 4Jho purchase p�,c�er,i;;� on C011 f l^act i or deed cii d no�l; fi i e these cvi i:h the Co«nty. Tn � s � �can cau.se� pr•obl er,�� i n noti fyi ng the c«rrcnt o�vn�r o-f 1,i;e pro�er�i.y. One man sai ci f��i s ndf11C' 4'r'cIS �(1 �{1C_' �i 1 S�;9 i�iit ilC' i1��G i1U (; 1"f'CC' I\�E?Ci �t:hG� f1U�� I C(.'. ' � � � , � � � , � � � � NY'. �idC��f.'Y't�/ Sd i(� 'tflc�t 1�� i1�1"C' {^JE1"E Il0 11101°L' C)UE�S�l01lS �'1"Oill t�1L' �"� OOY', f1C� WOIt� C{ 1 i I;e to s«i;�,na.ri ze ��:�f�ai; had been sai d and to restate thei r posi t�i on . He sai d i t trri c�'�t clarifya f�,<i ��hii��s, a.nci it n��ay operl up a fe��r more questions. He said the firs�t '�hir�g he woul d 1�i ke �.o clo ��;as to i.hank a.l l thc peopl e who h�d coiue to thi s meeti ng. He said i�his G�-a.s the �•,�ay it sho��ld be G-,hen som�on� ��r�s pr��pasing io open up a ne±�t busir�ess. The CO!lll?�111L�� shou�ld kno�.v v�hat rras be�inc� propcsed. l�;e have to l�ive in �;his ccinmuni�cy and we h:=�ve to ��orl: �•J�i th the con-��uni t,y. (°ir. Iiaggerty sai d the propet�ty ��ras zo�ed correctly. Thc only requ�ire�nen�� tf,�us �:I�at �;�e f�ave to obtaii� a Spec�ial Use Pe��mit fi rs�t. l�;�i�ut �ha� �r��ar�s , as I��. Lange�if�l d(�Jl I1LEQ euz ��fie purpcs�, was that i t ga��e the I'larirl�F�g Ccmmissior� ��he po�ver Lc� appfy restricti�r,s in grantinr� a Speci�l Use Pei�m�i t i i �they fcel �{icre v�as e�� i c,ence to �I�o�� cf7��(; ti7 �i s coul d ei�dang��r the publ i c I�caltk�, sarn�:y a��d vaelfiare. Dc4ier��dise, t:lzey crir�not �:ec��r�ica]ly c1�ny tl�e �pe�ial Use Pe�•n�it lJ�cause i;he pr•�perty 1;��.s zoned pt�operly. He said �chat � n��m�er of p�c�ple I��,ve voiced � concc�rn abo�?1: real c�f.ate �ta>:es., He said th<,�; tc�chnically and legally i.f7e ef, ect on ta,:cs �Faas r�ioi� a� ac�tor �ha t sVioul � b� cons i cie��eci. .I�o4-;ever, he 'chough�� tl�ey ��;oulci ha�.�e �.o look at �the �roperty in question. f=-irst, the property just. nor�:h of this lot has k�ee�� 'oreclosed uf�on. IIc sa.id Lhe prop�ri,y in qu°stion may cont.?n�.?� or not coritin��e �i�` l�din Ste��i��ns d�alc�rship �iid r�ot mov�� 7n. He sa�ici that the point t�as th��t Pir. St:e��hens ti�r�as ready �:o inves� ove�, �100,00C1 ir� i.his p��operty. FI� said he co��ld not sec� {ra��; tfiis ��ras going to lo�,Ver rcal es'cate values. It would increase �:he tax b��se for t(�e C i ty o i= (=r�i <ai e��. It �;o��i d be bef;ter ta h�z��e a wel 1 1 Unc�sca�.�ed, iil�prove�i building acr�ss tl��c street from you i:lian a vac�.�r�t� bu�il�iinc�. This m�y cont�inuc as a snot�,�inob�ile ar�� motor cycle kius�ii�ess. TheSe at�e �the �ihings t}�at have to be cons�i�fered. We want i:o ��o��k �-di i:h you ��nu devclop something wi th your demands and rec�zicsts �ir� mind. That �v��s ��;�l�,�� we were at. this meetir,c�. {le said a numl�er of peopl� had vo�iced cc�ncern af�out the traffic, t:f�� problems ��i i.h Eas� River Road and 77th l�!ay. He saici tV�ey were ��il1inc� �:o G�aark wii;f� i;h� City Ln��ii�eer and ti�ro�,k out a feasible traffic arr�anqement. If tl�e Cii:y Engineer feels tf�cre should be no on-street parE:ing on Cast River Road, we would yo alonq wi1:h that. Ide are willing to meet almost any kind of conditions as far �zs solving the i:raffic problem. So if we alleviate the traffic �pf�oblcm, we alleviate i.he problein �or you. As far as parking on the premises itself, �ti�e feel �,rc have adequate �.1rl:in� on 1;he preinises and ��-aill make arranc�ements to have iiew cars nioved to anoti�er �location if necess�zry. We will attempt and endeaver to da evcrytiiing in our ��o�ver to kcep the parkinc� faci�l�ties within safet,y reyuire�nents. We have had some questions on the cnvi►�oi�inenta�l quality of i:he area. He said that hfr. .Ste��lie►�s has si:<�tcd thaL he would like to see tl�is landscaped from 1;he front of Page 2G � Y Planni��Co��++��ss�on Mcel:inc _ Apr�il 9, 1975 - of the sho�-� room all t:he way do��an to Eas�t IZiver Road. There would be top ��°adc lar�dscapin�) �a11 alonc� Lasi: IZivet° Roacl and 771:h ��ay, so aesthetic111y he thouyht they were �im{�rovinc� the area. Another question ��ras raised on the ligi�ting. We I�avc� clevel o�ec� a sys tem t�,�herc i:he 1 i ghts t��i 11 not ref1 ect i nto the resi denti al 'area or reflect into the 1;raFfic pattern of Easi; River !Zoad. ffe said that this vaould be exclusive dealership, it ��r��s a Datsun, a �ood vei�icic t�rhich vJas in demand• This would be t;r�e or��y na �sui�� d�zl ersl�i p i n the nori,hern suburbs , whi ch means i t wou�ld not; close. The dcalersl�ip in �;hc southern ��ri: of I�linneak�olis �-das go�ing very t�re�i i• The,y are selling a lot o�� cars. I!e said that brought us back to the �:raff�ic going �o this propet°ty. I�c said they had indicated tl��at �Lh��re G��ould l�e al�out 25 peoplr� a day i�or servi ce and aboul: 12 custou�ers a day 1 oaE:i ng at cars . Tl�at's 37 peopl c a day. �{° said tha�. people have i��entioneci draina��e problems. All these problcros �•aou1d be taken up ��ri�:l1 tV-�e City Cng�ir�e�er. Eie said that as far as safeLy harar�ds, �t;h�y �yould be meeting all the r�eyuir:,�nents o-f t:l�E� codes �that the City irnposes, the Coun�y im;?oses, ' the Staie imposcs, arci even Fecieral. l,l� I�ave did this �in euery sin�le one of our fac�i l i ti es . He sa�i ci th�.t as ��'�r. Stephens had �i ncS�i cated, Gve ��ere not a ju��!; car dea1 ershi p. t�Je 'in�cend �i,o be a f�i rst rate c±e� iershi p, and if ti-re, 1 et the 1 andscaping go dovrn i�i�l i, our sa 1 es ��d�i 11 yo c'o�-rn h�i 11 , arid t}��i s vras our 1 i vel i hoo�. H� sui d tl�at ore of the most; �irnpo�°�l:ant ti� ii,gs ��,��is tha��°U ��a�'� 1 neighbor, a 7oca1 r� �.n vrl,o lives in �chc zrea, �vho ��!i�ll act�!ally be cio�ir�c� most of i;h� ��tork, h1r. Samuelsun. He said r�e kne�-a thai. P�9r. Sam�.�elson tialo«1� try �;o cfo �;f�e best job possible. He saia tf��ey 4;�d11�:�CI t0 �•rork G��i i.h t:he r��opl e i n th� �rea . If you a,�oul d 1 i I:e to pui; yo��t�con�r��ents � a n d o b j c ctions in letLer forrn for �i.he Pian�i�ing Co��imissioii, so th�ykno�� hat_ 1;{�ey.are, that ��roul d be �f i ne. l�!e v,�i 11 a�ttemp�; i n ever�y �-�ay poss�i l�1 e to mce i; tIi05� dem�ri«s . Uu}° idea ��ras to ��ror4: �A�iih the arca �u�d mak� r,00�i r�lai:ionships over the years, rot in any r;ay to lo��er pi��per �y tfa I�ies. Hc said he �°eques�ted at this 'cime iha1; the P1 anni ng Co�»��i ss ion n�a!:e a mot�i or� on thi s requcst, second i t, and vote upon i 1;, or if they ��lished to continue -this i�eq�_�es�t for �further stucly, they raould have �io obj��ctio�? i;o that. I�e said he realiz�d tf;et�e had b��i1 a lot cf o��jec�;ions to this recuest a�,d a lot of de!z�ands made a�t �{�is meetit�g. G�:e v�ould l�i!<e to honcr tl�ose and fi»d a��ray to solve i:hem. hir. l�liii Stephe��s said that he regrettec� �he opposi i.ion he h�.ci heard at this meeting. He sa�id �l:hai: persortally he dicin't lii:e o��pos�i�l;ion because he lil:ec, to ge�� along ��vi th everybouy g a��ct ��ai�at ��re say �•��e ��-i 11 do, ��Je wi 11 do. He sai d he sa�� tf� i s faci 1 i ty aiid i t tti�as ofif�ered to hin� as an avai 1 abl e si ie, i�; �looked good to use, and ��e �;houc;ht ��ae �^,oul d be abi e to c�o son�e goad i�or thc C7 ty o r}=ri d1 cy as wel l as esi;abl i�� a goad deal e��shi p. {ie said �that t��hat tf-��y haci laid out here at f.his n;eet�ir�g was subject to ci�z��qe. ��1r. Stepf�ens said that if �;here ��ere some things the Planning Commission didn't l�ike about th�is p�ropasal, o►� tl�e Counci7 cl�idn't 1ik� «hout it, or v��ho ever, a�e urould be c��lad to adjust to �it. IJe hUve made our �applicatian and t•re fee1 4•ac can do a good job. I�de -feel that thi s ��ou7 d be a wortl�4�;fii 1 e ��roject , a ��rorthG•rhi 1 e acq« i si;i on to th� C�i ty of F►�idley. The �Facilit�ies �vere there and ��c� feel tl��t ��:e can put them to good worth�vi�i 1 e use. He sai d he apolagi zed for the opposi 1:ior� he had heard at �;hi s mcetifig, and frankly, he di dn' �: 1 i l<e to hear i t. Elaine {lartman said she si;ill maintained that there was too much traffic on East River Road. �_ ' � Mr. Paul L3urkhol der sai d i:ha�: Mr. Stephens had a very �.posi tive atti tude. He does not speak as to r;l�ether he gei:s his req«esi;, but rai:her that h� would be ��illing 1;o do tl�e 1:hi ng, ncr.c �sary so that he tiv�i l l gei� it . He I�as brought i n an elo auent , lawyer ��ith him. �1r. I>urkho�lder said i�e w��sn't a trained 1aa?yer, and he didn'1; believe ��ny of the ��cople in the ludicnce were. fie said thai: he 4vas used to appearing � ' �� . 3 Z Planninq Commission -/l��ril 9, 1975 � � Pac�e 27 ' ' � IJ ' ' t , , ' ' 1 ' ' ' ' , �I� on hi s ovn7 beh�� I f on request; he had made to t.he P1 anni ng Commi ssi on. He sai d I►e d�idn`�: tl�in!; i�e I�ad f�vcr seen �1 turn oui: like thcy iiad �t this m�eting t�lTi:it �;I1'(S amount of spirited opposition. He s�id he asl:cd �;l�e f'lanning Commission at this , time to ca�egorically dei�y �this request a�: th�is meetiny, and it not; I�e tabled. 1�ary f�ari.ii�i a��kc�d ��rl��.iL procc�clure i;his reques�; Gti�ould folloi�r. h1r. Harris said the Planning Con��!nission �vas only a recon,mer�ding body. ��Th� final dec-ision uras up to thc Counc�il. Riyht noti;, �1;i�� Planr�ing Cominission could vote for a�?r�roval or den-ial, cor�ti��ac the r��ques t to t:hc��i r next i;�cet�ing, or p«ss i t on to t�ie COU11C1 � t�Ji 1:hout a reco,nm��ndation. I1r. C�lark sUid th�t �it should be i�ientior�ec# tf��t �:h� S�ec:�ial Usc� Process requir�es a Puf.�lic tieariny be�orn the 1'lar,ning Con�,r,iss�ion. I:1; cioes not require the Council i:o hold a Public liearir�g, hu1: tl�e�� could a�: tl�ci�� option. He sa�ici that t��hen f:he P�lanli�ing Crn.miss-ic!� made a dc�c�is�ior�, i.l�c auciie��ce ��ould be �olci at that �:ir1e a?hich Ccuncil meei.ir�c� tf�a�� this rec,ucst. ��rould app��a.��. P,s a ge�-��r�„1 ru1e i�: ti�:ould appea►� on tl��e COUIlC1I a.�ef�cta at�ot�l: 11 d�ys af�er• �.f�e P1c31�l�lfi(� Cc��i�,�iss�ion ciecis�o►�. 1�1r. Dr°ic��.ns said he G�tas not one �o mal:e snap juc�qemen.ts, and he ��ould lil:e to see �;�t�at type of st i,�t�l a.�:�i c��; Gvoul d be necessa,�y as far as 7 1 OI1t111G,, parl:�i ng and drainage. In addit�ion; f�e tf�ou�h�; he ��ao�11d 1il:e i;o r�vi�4v tli� inir�ut�s o-F tr7s meetirrc� be��or� he S��oul� be r�ady �Lo �T�ake a r�con�„rer�da�i;ion. He also thouc�hi, th° P1anninc Comrni ;s-ion shcu�ld c,�iv� cans�icleration to referrine; �t.f��is �:o �the E�ivii�or,rncn�:al Qua1i ty Com!��i;s-ion �:o ge� t(�eir comme��i:s to sce G•,hUt �in�ut �i;l�uy mic�ht ha��e, and gi��e �;hese com,�,en�ts bucl; to t}�e Pl��nni�-�� Co�rr��ission. He tf��ouq�� f��er� ��rere �nough questions tha t sl�oul d b� s tud i ed be � n�°e a deter�llll flut�i o�� cou�l d be n�ade. Ite vras i n `ra��or of conl:ir,u�ing �;he C'ui�lic F{ear•�ing. .� ��r. LincSb?-ici saici iha-�; because of tf�� gooc9 t�rn out i�c Gti�as both good and (�ad as far as i7�aki ng a d�ci si on. Ile sai d he �•;�as gl ad t:hat so many pcopl e hzd a�,t.�ndc d tr�i s iliee�i;�ing, bu�t he saicl i.hat Li��t�cre �tf�e �r,ue(:ing si;a��teci, I�e f�ad <�n op�iriior� on �t►i�is t'GC�Il�'St� IiLit �S 't:ilC 111E?�'l'lil�, 'i�;'2il'C 011 1�C h�?Cdil"IG �Ic?1"CIC1� cil'iC{ �1ai"Cjr 1° t0 111di<L d CfC�1S1UC1� as he ;�r�..s su7�e t{�at anyon� ��riio hac! beer� an a �oatnd of Co�1r»issio,� could unr,:ei�stand. i;e sa�ic� he ifiour!�t it G^�as b�s� to cont�in�.�e thi� re��es�t, hecause it seer��d t:o hirn that the peo��l� �in this area �•ae�,e qoing to I�a�� ane pro��osal or another, a sno�,:mobi1e a►�d motor cycle agency o�� a i�eG�d ar�d uscrl c�r agt r'�cy, I�e said hc could ur�ciF�rstanc� thc neic,7l�t,or�l�ood's ps�oblcrn anr� posi�tio��. He said f�c d-icin'�t l:nc�� ivhich ��,�c,�osa�l was �.iie besz, n��t: tilai: -it ��r�xs a de��inite thinq �i;h«�c e�ither o� these ciealerships !>,�o��ic# be on this {��rop;�rt.y. f=or th�is reason, he sa�id hc a�reed t-�i't!� I�i�,. Drigans5 to con�tinue this Iiear�ii�g, (�r. Langen�el ci sai d he agr�� a�i th Mr. Dr�i c�ar�s ; tl�at tf7c mi nui;es �;�oul ci have to be reviet�ed. f;e s��id �Lhat if the Enviranmc�ni.al Quality Commission was going to revie�•a fi.his request, i�e ��,�o�i1d iii:e a rne�n!.�er oF tl�c� Ciiy stai=f to b� presertt. !�e s�id he thought the Envi ronmental QuG� 1 t;,y C011lllll ssi on sfioul d concern themsc�l ves wi th �:he traffi c and drai nac�e �:�i,obl ci,�s , ar�d fel t that the o �her factors such as economy and �he over--all effect of tl�is pri�posal were environn�e��t.al1y ser�sitive. Mr. Clarl: said this proposal wou�id be c�o�ing io (3uilding Standarc:ls on AE:�i�i1 lOth. AIOTION 1�1� I,indbZ��d, sr.�rntidecl by Dr.i�ans, i-h�L thc Plann�.r�g Corrunission recommc�nd t:hr�t t1�� m_inutcs of t�l�i� 111�'('t_ing l�e qiven to the I:I1V.].TOI]IiIC'.I1L�1.2 Quality Coi�uifission foi t:he�.i.r mc�et.iriq of �lpril ] 5, 1975 �;v t.11e� coill.d review t12� traffic �:t��d dz��inage probl.c�rns on t:1i.i.� /�z�opert�� i��d r.afcr their couut�cnts bacic to thc I?1CItII1.LI�� CU]I%IlIZJJ1OI�� f711C� conL.if�uc t_1�c Pu1�1i.c 11c.?ar.il�g on tl�c rcc�u��st for. a Spc�ci.�1 ilsc P��rmit, SI'.1175-0?., b� fti'ym<tn Sm_itl�, Jltto��nc� i'or W. I2. Si.��?hcns, Jz�., t:o permit tlic sale of I1CW �1��d iis<�d ccir�s, pc�r 1'r. S.c� 1�� Ci t1 Coric, Scct.ion �.'05.101. (3.13) �ind (3,G) in a C-?.S 7.��Jae (gencral � � �� ' ' � i� L� ' ' � C ' , , ��I �i �� 0 ('lannii�_Coiu�n�ission_P�lcetinc� - April 9, 1975 _ p1c e ?_�3 3 AA sl�opl�.i nq arc•�1:�) to l�e loc�iic�d ol� I;oi. .1., 13_Zacic .2 , Pe�rson's ,Sc:�eond Acld.7: t.ioi�, Ll�c s�.��nr� being 770.1 L'�ct IZivcr Po��d, unt.i.l thc.ir .'�p.r.�.l 23, .Z975 mceting. U[�� a voice vote, all voLing �ye, tlic m��t.i.on c��rzicd ul�at�.i.n�c�u�1.y. ` P�i°. Drigans and �1r. I1�lrris asked f�r. Clar(< to cneck ai�d see if Mr. St��ng could have � large motor cycle and smo��mobile dealersiiip on th�is property. 3. VACATIOi; Rl:QULST __ S11�� ;';75-01 ,��!ORl-H SU�URGAid HOSPITl11_ [)ISTf�ICT: To vacate --- -- --- ---- -- - --------- - ------- --- ----- ------- _--------- all thai; ��ai�t of 76t;1� ;1ver�ut� Iv.[�., located in Osborne (�1�.r��or 7_nd Addition 1,yi��g l�ast c�f the Fast line of �i:h S�:��cet N.E. to be used for pari:ing and planning purposes. � �o one �•��as pr�esent �:o represen t th� pe t�i �t�ioner. Cha�iri2�an Harris s��id this hzd heen part of a lease agr�emenf: be'c4A�eer► i:he Ci �;y o i 1-r°:i dlcy ai��d the P;cr°�ch S«l;ut�b�r� lfusp�i i:ul ll i str•i ct for parE:l ai�id. ' f�ir�. CiarY s� ;�{ this t��as s�„�E.tl�inq i.f��at haci bnen �alked abou�i: over a year a.go ��hen I�o� pi ;.al f) i s�tr�i ct t��ere �;�al:i i�c,� p1 ans -f or i:he of-Fice str�uci:ure or� ��hi s p•roper��t,}�. The�� ha��e a1��•�<<;,ys saic� tha�L �ch�y ��ro�rld f.�e vrillii�g fc�r tf�e Cii;y to have some ��ark ��.r�ci on tf� i s prCr�L�'i;y i f' the Ci ty �-��oul ci vaca�i.e 7G�;h AverGe so thcy coul d get co thei r prop^rty on th� nor;-.h s i de oi 76ih . l�ir. Dri qa.n � asl;ed T f tI1E',y o��rned a 11 t:he 1 oi;s o�� tf�e ilortli s i dc� o r 7G �I� . f4i��. Cl a rk S 1'i CI tllE'_�� d i d riot o�,��n ihe l ot at 401 76th !;vcn«� P;. F e l�ir. Nat�•ri s sai d i;hi s�1 oi; ilad access to 5th S�cre��t. f�ir. Fiarr�is askcd �L�o��L 0�!t1ot 1 adjacen�; �i;o the parl: area, aiid �-�andered if th�is �vas pari� oi the str�et r� ;�hi. of ��,�a.��. t�ir. C1ar{: s�id it ��,�asn' �t stree�t right o�f i�ray. i;c� saiu ti�e reusor� t:l�is ��?as �r� o«tloi; ��r«s bccause �it ti��as Gnder il�e same o4-�nership as I�Se�I ocly f�iano��. Ii: ti�ras oi= such a� i ze and 1oca'c�i on �that i t coul dn' �: be used for anyi;fi�iEin so it 4�,as rnade a» outloi,. Mr. L_an�enf�ld said I�e d�i�;n'� qui�;� unc�erst��nu ��haG 'vaca�cion' �n�ani.. Nz�. Nari�is sa�id it meant i:hat they t��re vacafi.�ing the ��uhl �ic «se o:i the pro; Lr°ty. Fle sain 76�.{� t�ras a p��bl�ic easenicnt for si;reet access. 11e said i:he street hud nevc�r bee�7 E��t ir�, b�i'r, i�.�i cho��c a��ac.ation, a sti�eet caulu be cons�;ructed at some fu�;ure da.te. ��r. ClarE; sa�i�i -�{��a�L ��,�i�en i;h�is propei��y vdas {�la��ed, t:he o«�ier d�dica�Led �this land ��or a street easeii�e:nt. �ir. Clarl; saic� the o��c� t}�inr� the�� !�:roulci Iia��e �to do trdas to reta�in an easem�nt for uti �I i ti es over° that por��t:io�� vhere f.he � u�ti 1�i ti es ��t�E�re al r�a�fy i n. Ti��e Hospi tal � Di s�;ri ct: ��ro��l c1 s �i 11 be aL�1 e i;o use thi s ��roper�ty for 1 andsca.��i ny and parki ng , but the,y coul� not build a struc�:ure on it. I�ir. Har�ris said th�is ��Jas not mentiont,d �in the l�ase agt�cement. i�1r. Clark sa�id he ��y�as yuite conf�ident f:P�ai: che Hc�s��ital [3oard kne4•a tl�at the sanitary se��ver t-das iri this easen�eni: and ��ranted tl�e City i;o ma�inta�in it. h1r. Ilarris said this would have �o be made a stipulation on f.f�e ap{�rovai of i:hc request, and maybe the le�se ac�reem��nt - should be �mer�ded so tha�; tl7is iv�s a ��art of it. Mr. k�arris asl:ed if i.he property owner at 401 7Gth Avenue N.E, had been noi;ified of i:his rcc�ue�t. Mr. Clark sa�id i�e would get 50 �feet froin this vacai;ion becausc� �:h�is h��d all been p�rt of 1�1clody P1anor 2nd llcldition. The secrei;ary said she hadn'1; notifiied this o��mc�r, as no noi:ices h�1d been sent because thi ��as not a public hcy��ring. P1r. Clark Sill(� 1.Ildt if i:h�is bothered i:he Plar�ning Conmiission, tl�ey could continue i:liis rcyui�si; and t:h�ji: owner coulcl be notified. lie said there would be a Puf��lic He�ring , � ('lann�iil� Con�missic�n_P,1eetii�c��ll�ril 9, 1975 �'a�.29 on this reques� k�y t:hc Cii;y Council. ��.d .. � h1r•. Ilai°ris said he tf�ou�i-��: that o��mer shoulcl be avrare that he was c�oing to ' have another 5U feet of pr�operi:y, bcfio�°e they recomn�ended approval of this requ�st. • � .. Mr. Driyans saici that in excf�ange for the vacation of 7Gtl� �venue, the llosp�ital ' �oard �ras y�i vi n, tf�e C�i Ly �-� 7 year 1 ease for par{: 1 and, and ther,e�fter con�:i nue for an �indef�inite per�iocl of �.in�e. 1{e �vondered �•�hy �;his ��fasn't replatt�d and the park land given �to t:h� Ci l;y on a per•m�nant l�asis. t�1r. Cl�t°�: said that �:he make up of this � property, a��d �he fact. of i;he 1a.�•,� pa�se:i by i;he S�ate leqislature in setting up tl�is Hosp�i t:�?1 Ui str-i ct, i s sucf� tha�t tl�ey canno�; sel 1 any of thei r prop�ri;y unl ess tf�ey go I�ack �o i.hc legislat«re and get a��proval. Iie saici i;t�ere ti�tere bonds on this property � also, arhich ac�u�d an��i�er legal ��roblei,� �in disrosing of uny of 1;he property. This vdas ��hy i � 4-�as a lease. 1�1r. Clai°{: saic; he G-rasn't a�,�are thai; this lease could be tE�rrnii��ated by eitf�e•r pariy aftcr 7 years. � � Mr. i-larris said he t�,�oul d 1 i ke �(:o f��ind ot�� ..:�e status of Outlot 1, vfhetl�er it t��as tax del �i i�c,u�,, � er i�iot. F1e sai d�:he Ci ty ��ras c��i ng to er�c� ��p mai ntai ni nc; thi s outlot alo!�, v!ith ihe park. He �-,�':�ula 1�i�;e �o have th° prop`ri,y o��,�ner o�f 401 7Gth Averiue noti �i i ed of tf�i s rec;uest and he woul d 1 i ke f��r. C1 a��k to check on the 7 yea►� lease for the pa.rl: 1 and. ' f�1r. Linciblaci saic� h� thou�ht that one of �the reasons for the 7 year lease 4�,as l�ecause the I�ot�• ch Subi�rh�n 4iospi tal Di s�cri ct m�i gl�t need thi s 1 and for expansi an some day. Iri°. Cla.rl: said t:hat ��as possible becaus� �Lhey did stat� at a meeting before the , Planning Com�ni�s�ion that the fic�Id oi` medici.ne v:�as changing so fast i;hat they dicin't 4:no��r v,�hat i ac�i 1 i ti es they may need i n 1;ht� i��ture . , , � ' � ' � ' ' ' P�ir. Dr-i nan; s�i d he if7oug;lt tl�e C�i f.�,� si�oul d ha��e �n o�ti on to purchase �he park la�ia �•;I�en tfze bond ii�dE�r�tedness �-,�as satis(�iec�. P�1r. C1 zrl: saici !�c ��do,�lc1 ch�ck on the 7,year 1c�ase5 chec{: the sl;atus of Outlot 1, and not�i fi�y the o��rnet, at �IOi 761;f� �,uen��e N. E. of thi s request. t.Di'IOPJ by Driganr, ser.onded by l;indb]ad, that Lhe Planni��g Coznmissi_on continue il�e vacai:.i_on request, SAV f,`75-01 by No��t1i SuJ�i�._rb��n :.o�>piial Di.strirt, to vacate a.11 tl��t par� oF 7Gt1� l��renue n?.L'. locat�c� in Os7�orn� l�l«n<ar Secor�d Addition lying �ast of • thc� lia.st- 1ii1e of 5t1� ..Strc�ut A�.1�. i-o b� used f��r parking and )�lannir�g pu.rposes, ullt:�]. thc�.ir mceL-ir7g o.f Ap_i'i.1 23, 1�175. Upai� �s voice �roi;c, a.Z1 votinc� a�e, the moi�ion carr.ied i1I1�2)1_21:t0,1 S� i) . 4. SFT_DATE_f�OR _S�ECIIaI_`I�!ORICSIlOP MFE1�If`;G P70TION J�i� I��ic�3ns, sec��ndc-�d }�y Lindb.ta dat:e for i:l�ei1� :,per.za.t iaorl;rllo�? r.�cc�tinc� for voting a�)��, thc� mntion carr�.ed unanimously- 5. DISCUSSION d that t_h� Planning Comr,�ii �s.ion set the Ilp.r.i..7. 15, J.975. Upon a voice vot�, a11 Mr�. Clark asked the Plaiining Commiss�ion if itwas difficult w�ith only three memL�ers on t(�e Pl�nniric� Com��iss�ion. Mt��. Drigans said that both P1r. Harris and himself were sut>ject to travcling oul: af town, and if they had to be away, they woiald not have a quoi•�nn for a nieei:inc�. h1r. C1arl: said i:ha�; ��s i;he Council was considerinychanqir�� the makc-u�� of �:h� f'l��nning Co;n!nission wliicli would rec�i.iire an ordii�ance, it tJOUId prob��bly be alniost: Jul,y before any nct�r meinbci°s iacre prc�marit�ntly appointed to tl�e Pl��nning Conimission. 4Jould tfiey like to suygesi; �;0 1:he �ouncil that someone Ue appointed on � Pl anni nr Cc�mn�i ss i on Meeti nc - l� �ri l 9, 1975 Paqe 30 � CC ----_�.�_----- __�.—____� 1 _�_...___._._ , a temporary 1��-�sis? ��ii,. f{arris S11CI IlE' haci been at every Council meetiny on this same i�hcine. Ile said �i i��s very d�i fificul t 1;0 operate t��i ih �:hree iT�enibe��s. The Council says 4�e have fiour i��embers. ��e said I�e told tl�em that Mr. L31air's obligation , was ovcr� /1E�ri1 ls�;. li�c�y said he sl�ould serve uni�il someone else �•�as appoini;ed. f�i►�. Clar�: s�lid th�it P�1r. [,l��.ir a,as si;i ll a ir�crnbcr of the Pl�anniny Comm�ission, but if he cfid not cl�oo�e t;o corne to the meci.ing, he hacl that cl�oice. � � L � C� � Mr, f, l ar� sai c4 tha L i t ��as i rE ttie C�i ty Cocfe th� t i n�:he �b �ence of a Chai ��man of a St�bc:o»u7��i �ttee, t:I�7e V�ce Cha-i r�7�an coul d si t on �he f�l anning Conm��i ssi on and act i n �;heir p�l�lcc�. 1r�r. f4�,rris said ti�at Ge�rge f��;�sner aJas the Vice Cf�a�irman of t{��e Plats & Subdi v i s i cr,s-Streets & Ufi: i l i t i es Sul�coti}�;ti�i t.tec y and he coul d ac L for tl�at Subcoti��;7�i ttee. Mr. Clark sa.-id !�e t�ould check i:he cadc, ar�d i�f it t��as possible, i:kie Vice Chairrn��n. ��oul d bc co;�tac�;ed. f�1r�. Narr��is said trlat he had bc�en cont«c�ed by Fred [�euensee of thc Fr�idley Pol�ice Dep.�rii��ent, �xr�d he v�ould l�il:c to n�a{;e a. ��reser�ltu�;10i1 �t a Gvorkslion.ineei,�inc� on some r-��,�� proceciures anci equ i{�n�ei-� t on secu�� i ty �iocks ar�d l i ghti ny. He s �i d i�e dic{n'�: i:no;�; h��.: i�sE+«1 th�is infor�i�ation�l,�oulc� be i;o �:h� P1<<nn�inc� Cc�n�m�ssion b�!t it 4��oulu be ini�e��es�c�ing t� h�a�� abo�a� �thes� �tf��ir�gs. He said �there might be soi�;��:l�iing i:hey mi �ht t�run c �o �i ncorpo��ate� �i rrto tl,e Coci�, �nd i� cou�i d be someLhing they m�i ci��c 1-rant i;o use on park bui 1 di ng� , etc. He sai d tf�at Jerry � o� rd�7an SIlOU� G�I�1 i1U� ou�c ho��•r lor�g tl�is pres�nta�:ion �r;ould �:a�;e, and scheciule i t for a worl:shop meeting. ADJQURi�;i'�i!-1`d�f : � 170TIDI0 by Drig�ns, ��er,or�ded ��y LindbJ_aa, ihat fhe I'Zanning Coil�mi:�sion m�etira� by adjournec3.. Upon a voice votc�, �:._tl. vot.ing r�ye, Cnairma.n X:arris �d jour..ed tl�e PZann_ing Comn�ission meeLiny oi 1�px�.z.Z 9, �975 �t 12:5f� 1�.Z�1. � � . , , .' Respectful iy submi ttcc;, ` /� ._____ �, . �, _ � _t/ l<"_.!S . _ J �_� � .i ��..�j �^? Z_:� C!"7 '`�,... �-� - ' - '- - Dor�othy Evens�i, Sccre�ar,y � ' � � , �I � i � l. � � � � � � , � r , � IJ � t TH� MINUTLS OF TH� FiUARD OF APPE�ILS SUI3C0�9MITT�E MEETTNG OF APRIL 15, 1975 The meeting was called to order by Chairman Dri.gans at 7:35 P,M. MLP�IE3ERS PRESEPIT: Drigans, Crowder, Gabel, Plemel, 6Vahlb�rg bll,MB�,RS IiBSENT: None O'PHEi2S PF2ESENT: Dick Sok�iech, Public Works Director, Howard Mai:tson, Engineering Aide MOTiON by P7ahlberg, seconded by Gabe1, to approve the minutes of the Apri1 2, 1975 meeting as written. UL>on a voice vote, thexe being no nays, the motion carried. `iliE CITY IiAS REC�IVED 11 P,E9iiL5T I'I20tiI MR. G^IYI-'LAN SMITH, ATTOItNEY F022 P9R. RICi-IARD D. POVLITZI�I, O�JNER Or THE: P'RONTI�P. CLU13 LOCA`i'ED I�T 7365 C�1�fTRAL AVT;NUE Pd.E. , FOR TN'I'EF�P2ETATION OF THF, ZONING CODE WFIICH FJOUZD PE12��IIT `i'HE ISSUADICE OF A LIQUOR LTCENSE ON C-1 PROP�;RTY BY VIRTUE OP' I�N EXIS`I'ING NQN-COI�IFOP.MING USE. TH�S R� UEST j9�S DLNIED BY TiiE ZONING ADiiINI:4TRFTOR. TF�E PROP�RTY O;dI3ER HAS I2EQLiES'TED AN APPEAL OI TII� ZONIP3G ADPdINISTRATOR` S INTERPP.ElA'I`IOIQ. � MOTION by Wahlberg, seconded by Plemel, to open the public hearing. Upon a voice vote, there being no nays, the motian carried. Mr. P4ark Haggerty, of the �aw firm Smith, Ju.ster, Feikema, Haskvitz & Casserly, was present to represent the rrontier Club. � Chairman Drigans read to the Board, Sectian 205.182� Powers and Duties of Board of Appeals, from the City Code. This Sec�ion states, "The board shall have the power and duty of hear_ing and recommendinq �o the City Council as herein provided, appeals or requests i.n the following cases: 1. Appeals where it is alleged that there is an error in aily order, requirement, decision, ar determination made by an administrative offi_cer in the enf_orcement of this chapter or of the State Building Code. 2. Requests for variances of the State Building Code from the literal provisions of this chapter in instances wr.ere strict enforcement would cause undue hardship because of circumstances unique to the individual property under consi.deratian." Chairman Drigans added tha.t the request tY�e Board is hearing tonight relates �a item #1 of this sectian. Chairrnan llrigans then read to the Board, Sectioil 205.151, Non-Conforming Uses and Structures, subsection #1 which states� "1. Any str.uci�ure or use lawfully existing upon the effect.ive date af this Ordinance may be continued a� the size and in manner ot operation existing upon such date except as hnreinafter specified." He also read subsecL-iori #3 that states, "3. Gdhenever �.he non-conforming use of a structure is changed to a use p�rmitted in a more restricted district, such u�e shal]. not thereafter be changed to a�se permitted in a 1ESS restricted district." Ch�irman Drigans added that th� zoning distr_ict that is involvecl in thi.s case is C-1, and h� read from the City Code, SecLion 205.1.0?., subsection 1B, Uses Lxcluded, in C-1 and C-1S, that, "Taverns, beer gardens or ba�s serving any alcoholic beverages on �he premises." Chairman Drigans stated that thes� are the sections oE the Czty Code �hat this request is dealizzg with. Chairman I�rigans said i:he request also deals with t�ao State Taws; Section 340.001, subdivision #�2, defini.lg non-intoxicating mal� liquor, which he read to the Board, and, Section 340.07, subclivision #�2, defining a.ntoxa_cai.ing liquor, �ahieh he also read to the Board. He sai.d thc�s� two sections were referred to in the Public Work Director's letter to Mr. tiVyman Smith of Apri_1 7, 1975. m � ' Page 2 The. Minutes of the I3oard of 11p��als Subcommittee Meetinq of April 15, 1975 4� � Mr. Mattson then introduced the property in questi_on to the Board by pointi.ng it out on the Fridley map and also by giving tYiem the portion of the half section map showing this property. Chairman Dri,ans pointed out the zoning and existing � uses of the land in the general area around the Frontier Club. This summary point�d out 5 dit'ferent zonings located in this area. � Mr. Sobiech stated that the initiation of this request began with a memorandum from i�ir. Wyman Smith indicating tliat he would like a determination from the Zoning Administrator that granting a liquor license to the su}�ject property (Frontier Clu.b) would be a legal ext.ension of a non-conforming use. He said the memorandum 1 was addressed to the City Manager, b7r. Nasim Qureshi, but the City Attorney made the determination that the Zoning ndministrator was the Pu.blic Warks Director and therefore he received'the request. • u � � � `J r , � L_J � � . ' C1 ' Chairnian Drigans stated the Board should identify the letters and parts of the Codes that they are referring to as exhibits; Exhibit #,'1- Powers and Duties of Board of Appeals, Exhibit #2-Non-coniorming Uses and Structures, Exhibit #3- Uses Excluded in C-1 anu C-1S, Exhibit #4--State Law on Non--intoxicating Malt Liquor, Exhibit #5-State Law on Intoxicating Liquor, Exnibit #6-Section of Map referred to, Exhibit #7-I�1er�o from P•ir. Smith to Mr. Qureshi dated March 19, .1975. Mr., Sobiech stated that basically after receiving this memorandum, he reviewed the City Code for C-1 zoning, and under the Code, tlie use of taverns or bars is excluded and therefore he would be functioning this who]_e review on this• situation, as a non-conforming use. He said after reviewing the City Codes and Minnesota Statutes, a finding that the applicant was entitled to a liquor license for an existing non-conforming use was denied. He said there were several reasons why he interpreted the Code as such. He said he would qo through the letter he wrote to Mr. Smith which includes these reasons for denial. The first reason was; that the manner of operation of the non-conforming use would be substan�ially changed by permitting tl�e conversion o� a 3e2 and set-up oper.ation to an operation having an on-sale liquor license. iie added that Mr, Smith, in his memorandum, alluded to the f�ct that 3.2 beer existed at their facilities prior to the implementation of the Zoni_ng Code and that it was therefore a legal non-cor�forming use as 3.2 beer is an al.coholic beverage. He sazd he agreed that 3.2 beer is an alcoholic bev�rage but the State and City in adopting tlzeir various licenses and application procedur..s for these 7_icenses, show a very substantial difference exists betcaeen allocation of issuance of a license for �.� 3.2 operation versus aii intoxicating liquor type operation. He said due to tlze sul�stantial difference implied through the City Code and State Statutes, this was a major point of C31SCUaSlU11e Mr. Sobiech said the �econd reason for denial of the request was that the requested application for an on-sale liquor license contemplates an increase in the size of the non-con£orming use. He said tk7is was based mainly on the plan submitted at the public heara.ng meeting of January 13, 1975. Iie passed out to the Board the minutes of this meeting. The plan was also s3iown to the I3oard. He explained ta the Board tlie portion oL the buildiilg used for the 3.2 �peration and addecl that their ]:itchen facilities had been removed'but the owner had indicated at the meetiiig tliat they would be replaced. He said in essence the use of the establishment had been reduced on one encl in that i:hey did not have the kitchen facilities; here tYiey are nroposing the kitchen facilities, includirig remodeliny of the existing structures. He said it should be noted that there is t.o be no exterior remodeling. 11n additional expansiori that was noted on the plans, was to the north, and upon discussion it was determined that this would be used for storage, and Mr. Sobiech ' � Pac� '' The Minutes of thc: �3oard of 1lppeals Sul�cornmittee Meeting of 11pri1 15, 1975 4B added that in essence, it is makinq available an additional amount of the existing building for a nan--conforming use. � The third reason r7r. Sobiech stated for denial was that tlie gran ting of an on-sale liquor ]_icense :vould c�zuse a p��rpetuation of a non-conforming use. Iie said basically the intent of the 'Loning Code is to allow a non-confo�in_q use for a reasonable � amount of time. He added with tlie g.ranting of the issuance of a liquor license ta tllis establiahment, the request would be to continue a non-con�orming use and in this case, beyond a reasonable amount of time. � ' � � � ' � � r C L� � ' � '1'he final reason for denial, Mr. Sobiech stated was based on an assumption that h� made from what the ocaner Yiad stated at the pulalic hearing meetinq. He said with the amount of invest.�nent that was noted'at the meeting, he felt the petitioner would have to make up this investment somehow and that would be to draw more busitiess. He said if this is correct, it would produce a grea�.er hurden on the neighborhood than what is existing under the present iion-conforming use. Mr. Sobiech stated that for tnese reasons, and in summarizing these, it was determined that the non-conforming use does exist, because of the fact that taverns are not allowed in C-1 areas� He said non-conforming uses are allowed to continue for a reasonable periad of time and that the issua.nce of a liquor license woulcl extznd this use as far as he would call indefinitely, and finally that granting a liquor license would change.the existing operation quite substantially from a 3.2 operation �aith set-ups to an intoxicating liquor op�ration. Mrs. Wahlberg asked i_� the Council has ever established ti�hat they consider a reasonable period of tim�. Mr. Sobiech answered that Council could vary it from situation to situaLion, and in this case, it �vas felt that a reasonable time has elapsed and that the issuance of a liquor l�_cense would continue this non-conforming use for an indefinite period of time. Mrs. Wahlberg asked if the reasonable time period has evf�r been tested in � court o.f law. Mr. Sobiech answered not to his knowZedge> Mrs. Wahlberg stated that this non-conforming use t�as been existing for a long per.iod of time. Chairman Drigans said that the Board should look at the type ot operation and use for. this i�acility during i.he past years to see where the non-conformance started. P�r, Nlattson stated he tiad a graphic history of the property which he said he would e�plain to the Baard. Chairman Drigans said the Board should mark as Exhibit 8- Public 4Jorks Director's lettc�r dated April "T, 1y75, L,xh;ibit 9- Caiincil Public Hearing Minutes of January 1.3, 19'75, Lxhihit 10-Graphic history of this properi�y, and Exhibit 11- Finance Director's memo dated rlarch 7,1975. Mr. Mattson explained that the graph shows a variety of ways to set'up a liquor establishment. He stated that this location has had pure off-sale, on-sale and off-sale, on-sale �vith set-ups, and then the gx'aph shows on sale liquor license at i:he top i.n the evcnt there i.s a license issued to this property. He continued tliat the of_f--sale por.tion started in October of 1949 and ran through February of 1964. I:ie said the on-sale ran f.r_orn February of 1950 thraugh 1956, just prior to the trarisfer fr.ont municipal status to private status, only at that point it was no loriger a bar where intoxicating liquor was k�eing served but it was knowii as a�loca.lc servinr, 3.2 beer and this was i.n January or 1'ebruary of 1�"�7, which has run C0111:111tlOUSly Utll:l� the prescnt date. Hc said in July of 19G4 the set-up license caas established per arclinance. S , � � ' , Page The hiinui.es of the Boaxd of nppeals atibcocn�nii�tee Meetinq o£ A�ril. 15, 1975 Chairrnan Drigans asked when the non-conforzning use came into existance. Mr. Mattson answerecl 1957 and Chairman i�rigans said at which. time tliere was an off sale and an on sale tor 3.2.beer. f^.r. Mattson said this is when the City phased out it's bar and i�;sued 3.2 beer lic�nses. (r�'. P9attson noted the non-conforming date should have been Janu�ry, 1956 instead of- 1957, Tie noted this after the meeting was adjourned.) Chainnan Drigans now asY.cd Nir. Haggerty iL he would present his request. Mr. H�.iggerty s<�id to begin our requcsi:, so far its been stated that the request is being askea for under two sections of the Code and he said he would like to have this request �lso considered undcr 205.1�32, subdivision 2� wherein it states that if there is a hardship, a variance fr_om the literal interpretation of an ordinance can be obtained from the Lioard of Appeals. He said in the initial presentation, the Chairman i_ndicated that it was only being considered under subdivision 1 and he sai_d he would also like it con.sidered under subdivision 2. 4C Chairman Drigar.s stated thaL- in reading Mr. Smith's memorandun of P�ar.ch 19, he , states that in the event tl�e 7oning Administrat�Y refuses to make an aff.irmative determination of the request, Mr. Smith �aould �4ant the ruling su:�mitted promptly to the Board of Anpeals as provided in Section 45.182 of i:he City Code, Chairman � Drigans aclued t�hat the public hearing notice stated that the request was an appeal of the Zoning Administrator's interp.retation. Mr. Haggerty asked if the public hearing notice was prepared by Mro Smith. Ch.airman Drigans said all public hearing notices are prepared by the administrat.ion. Nir.. i3aggeri�y saicl P1r. Smith asked for � an appeal of the entire ordinance which would include subdivision 2. Mr. Haggerty said the reason Ile is askir.g for this request is that initially they are arguing that the Ptwlic 4^Tork Director's interpretation of the ordinance on this particular nan-conformin�� use is incorrect. He said iri the alternative, they are saying tha� if tiie Eoard i_nsists and if the Pub]_ic Work Director insists on having such a literul 7_nter�retation of �at:at thut use is, they want to have the opportunity to , argue that there is a substantial hardsh:ip here, ar.d that the Frontier Club shoulc� be allowed a w�ivor from the 1_iteral inter_pr.etation of that particular non-conforminq use. Mr. Sobiech as?ced if this means that a hardship could result because of the � interpretation. Mr. Haggerty said this �aas correct, I�. Sobiech stated that he felt the Board could possibJ_y consider �oth ite.-ns, in that the memo did refer to that section of the Code wl�ich includes both subdivisions. He said if the interprctation tha� he had is upheld, and Mr. Haggerty.feels there is an argument I tor a harclship, it seems li};e it would be proper since we are addressing that sectioz�. ' � r Chairman Drigans sai_d tl�at this seems to need from the City's point of view a legal inter��retation. iie said he woulci like a legal apiziaon as to �ahether the Board is in f_act carry:ing the whole section of if they a.re hearing, according to the rules, a specific r_equest on the appeal of just thc Public Works: Director`s interpretation. D1r. Sobieciz asked if Mr. Drigans wanted this opinion before the Board considered this requcst. Chai.rman Drigans said he felt the Board could proceed wii�h what: zt kno�vs it can act on and if the atL-orney feels that subdivision 2 should be part oi the hearing, the �oard can act oaZ that at a later date. Mrs. Wahlberg asked about the differences in the Code sections c�uoted. Chairman � llrigans said the prob.lem here is that the section has been renumbered and the section previou>ly was numbered as 45.182. Mrs. Wahlberg asked if the language was identical in both the old ancl new Code. Mr. Hac�gerty said that it was. � . . C � �� LJ � - Pag �i � The Pdinute:=, of the I3oard of I�ppcals Subrommittee Meeting of 1lpril 15, 1975 Chairman lirigans said his own interp.retat:ion is that �he public hearing �3nd the oriyiiial request in the mc�n�o, requested that� i�he I3oard is to hear that �?o.rtion on subdivision 1 anly,.and if tliat is the Civy At.torney's inter�retation too - fine, if not, the Board can hear the hardshi.p po.rtion l.ater. There was a lorig di.scussion on whether the i3oard should.conside� both subdiviszons or just suvdivzsion 1. It was agreed to defer i:his decision until later on in the meeting. Mr.. Hagg�rty stated in answer to the reasons fo.r denial, that he could not see the ' argtunents in the second and third reasons. He saicl Yie �oould have to argue that the seconcl reason does not apply as far as incr�asing the interior of the building for the non-conforming use. He said the kitchen area will be put in there but the � additian of inere storage area does not increase the use. He said in the forth reaso�z, it is indicated that there will be an additional burden on the neighborhood because of the seating capacity, He said the remodeling will in fact cut down the � seating capacit:y, He said the remodeling will involve quite a bit of investment whic�l �vil� be upgrading thc. premises to serve h�rd 1i�uor. fie said they have �ound a higher c'lass of clientele at an establ�shment serving har_d liquor. He said they ' are tryinq to improve thei.r services. Mr. Haggerty said in the Zoninq Code under uses excluded for C-1, it doesn't state anything abou� hard liquor,just taverns and beer gardens. He said at one i�iT.ie there was hard lic�uor served at this facilitye ' � � � ' � C � , 1 A4r. Hagqerty said he woul.d like to relate a few Supreme Court decisions ta the Board on non-conforming uses, and he added that they are from out of state as Minnesota hasn°t ruled on many of these at the presen� time. Mr. Haggerty went over the 1967 case of Mueller vs City o� Phoenix and the Board had a cop y of the findinc3s in this case to follow. �Sr. Haggerty then went through the 1968 case of Gauthier vs Vil.lage of Larchmont, New York, and then he went over the 1944 case of ConnecLicut S��ate vs Rowland, and then the 1969 case of Sevilla vs Swea�L (Arizona case�. The Board had capies of th.e findings on these cases to follow also. Mr. Haggerty al.so hraught up the 1957 Minnesota case of Haw}�ins vs Talbot which involved t_he enZargement of a non�-conforming gravel pit, The Board also had a copy of the :indings in this case to follow, '�s. fIaggerty saici they are arguing that uncier the exi_si�ing law, based on the present iion-conf_orming use tllat has been iri existance for 20 years and nobody has mentioned before, and after a.li the investments and improv�mentsr that they feel the courts would uphold, tYiey are reque��ti_ng a motion be made reversing the Public Works Director`s interpret.ation, that would make t�his a lec�al non-conforming use. Mr. Sob.iech said h� would like to inte.rject thaL it had been mentioned at the public heari_nq mceting that part of the stor_age addition would be also used as a c7ame roan� �ohicli wou]_d allow izz�ox.ic:at:ing liquo.rs ta b� consumed in, which �eould be beyond th� existing �irea used no�v. i�e said as far as the kiichen, this is one of thG requirc:ments for c�etti�zg a liquor license so the prop�sed kitchen is necessary. He addcd tliat once t.liis op�ration went irom serving hard liquor to serving only 3.2 beer, it was l.ess of a non-con�orming use, znd should not thez� be allowed to expand without being b.rought into conformance. He said he feels this facility could cont�inue at the si�e it is no�v, but should not be expanded as a non-conforming use. Mr, liac�gerty quoted from the P•iinnesota case, Hawkins vs Talbot, t.lieir interpretaL-ion of a non-confoz�ming use as being the ].awful use of any l.and or building existing at the t-.ime of takin� effect af tlie ordinance may be continued although such use does not conform to the requlations providecl uy i;his ordinance for the district in which such 1<=iiid or b�_iilair�q i.s located providecl, however, that no sucli non-conf_orming use of thc land shall be enlar<;��cl or incr.cased nar shall such non-canforming use be , � , CJ � � � , i �J L� Pac Z'he 1•7inutes af the L�oard of Appeals Stil.�committee Meeting of April l5, 1.975 ex�enc�ed to occupy a greater area of land than ttiat occupied by such use at the tirne of the adoption of this or_dinance; nor shall any such non-conforming use be rnoved ta any othe.r part or. parcel of land upon �vhich the same is conduct�d at the f.i-me of the adoption of this ordinance� Fic� added f:h�y are not expanding this op�ration to include a gr_eater area o� land. FIe said the plan is to upgrade the establishment �ahich would reduce the seating capacity and reduce th� number of people going into it, and also increase the parking. fIe said P1Lr. Povlitzki has invested to much into his operation to pull out of it now. Nix's, t^lahlberg sai.d she didri't feel Lh� extenc�ir�g a non-conf_ox-ming use. She s better to have the applicant request �. compliance. b1r. Haggerty said they ar an attempt to expediate matters, tYiey cases cited encouiaged hez to approve aid she �aondered wheth�r it wouldn't be rezoni.ng on the property to bring it into e also in the process of rezoning, but in are going �through both procedures. Mr. Crowder said he fe1tF that because the Board is an extension of the City Administration, and because there is a memorandi��n from �he City Attorney that agrees with the Public WorYs Director's inter.pretation for all practical purposes, that he would have io uphold the Public Works Director`s iz�terpretation. Mr. Crowder said it sounds to him like tlze Boar�i is getta.ny involved in a 1ega1 dispute because of the cases that werc. sit�d, and he .felt he c�idn't have enough knowledge in this area to make a decision. He said he would have to agree �oith the Public Works Director in terms of making any type of motion� be it on subdivision 1 or 2. Mr. Haggerty said he had never seen the memorandum tallced about from the City Attorr.ey and Mr. Sobiech gave him a copy oL'it. Chairman Drigans asked fihe Board to mark the memorandum addressed to the Director of Puhlic Works from the City Attorney and dated April 2, 1975 as Exhibit 12, and to mark the building plan as ExhibiL 13. Nlr. Floyd Gusi:afsori, of Gustafson Gr_inding, said he and his brother own the property across the street and they liave a prob7�em with the customers of the ' �'rontic�r Club throwing beer bottles on their property and parl�ing their cars on his lot, especially on weekei�ds. He said someone had broken a windshield on his property and he had to cJ..ean it up. He said tnis creates a hardship on � him. He sa.id he ilas zlot.hing against the drinking, Uut he would like some relief on the cleani_na up after_ the Frontier C�ub clientele. ' ' Mr. Ii ;c�gert.� s�id that Mr. Povlitr}:i is would hopeiu]_ly upgrade the clientele s again. I�Sr. FIagger ty reiterated that lie for sul�diJa�son 1 of Section 205.182 and Dirc_ctor, then to consider an appeal on trying �o upg.racle his business which thi_s type of problem would not happen wuuld like the Board to act on t-he appeal iF the Board agrees with the Publi.c 6�orks su}�division 2. � rir. Plemel noted that subdi.vision 2 is for requ�sts for variances of the State Bui_lding Code or ��here strict enfor_cement of the Code �aould cause undue hardship .. and he said he could not see �ahere this hearing has anytlzing to do with either one. 4E , Chair.man Dxigans said the Board can act on the appeal of the 'Loning Administrators interprc�tation, buL as far as acting on an appe�l for subdivision 2, he felt � there may be some legal problem as far as officially notifying adjoininq residents ' that a variance is being requesteci. He said if the p«blic hearing notice had included a rec�uest for ttiis variance, then the�Board cou.id hear both requests. ' ' � � � Page The Minutes of the Board of Appeals St�conunittee Meeting of I�pril 1.5, 1975 4 F Mr,s. Watilberg stated sl�.e woula a�ree to act on the appeal for subdivision.l but not subaivision 2. She said if the T,oard was to approve a variance on subdivision 2, they could be givinc� a blanket vuriance of this bui.ldirig site wt�i.ch might preclude the a�plicant yetting'specific varia.rices. � , D9r. Crowder said he ��aould ��ti11. be h�.rdpressed to go along c,�ith any�hing other than what the Director of Public idori;s s l�ates. II� said �tie only recommendation he has is to request a rezoning and ii that fails, then the applicant would have a definite hardship appea:L. � Chairman Drigans said his own thoughts are that he �eels that when the Board considers the non-conforming use in this situationY that the consideration not be with the improvements to the structure or the equipr,lent, nor should it deal with , the nuinber of patrons be i.t 1 or 300, but it should consider the non-conforrling use of set-ups and the current 3.2 operation that is rendering a aer.tain dec�ree of restaur�nt service (sandwich variety) e�panding to a restauran� which would be ' dispensing hard liquor and Prepared menu meal.so He sa�_d that is how ne is looking at it anc3 he felt t'�e avenue to follow, if the Board allows a non-conforming use in this situation, is to give its interpretatior of the Zoning Aclministrators decision. �_J , ' ' ' ' , ' C� C� ' �� Mr. Crowder said he caould agree with Chairman Drigans as far as the non-conforming use coming to an end as soon as possible. He said he would like to see a zoning chanc�e to bring the property into compliance, MOTION by Gabel, seconded by Plemel, to close the public hearing. Upon a voice vote, there being no nays, the rnotion carried. Mrs. Wahlberg said she would like to re-emphasize what she feels the Board`s obligation is, and that is to act in such.a manner so as not to extend a non- confornting t�se beyond what is existinc�. She said this non--conforrning use has been �xisting since 1957 and thc� Ci�y Coae c.learly si�a�es that a non-conforming use should not be extended and this is one af the Boa.rd°s responsibilities to uphold. She said most respected courts have upheld the procedure of getting ric3 of non-conforming uses. She said she felt the proper proc�dure would be to request a rezoning as opposed to requesting variances from the Board of Appeals. P�IOTION by Crowder, seconded by ��ahlbe.rg, to reconunend to the City Council, denial of the reque.�t as per Section 7.05.1f32, subdiv.ision l, . i�o reverse the interpretation of the Zoning Administ.rator 1:hat der.ied tize issuance oi a liquor license in a C-1 zonizlg. Upon a voice vot�, there being no nays, the motion carried. Mr. Haggerty said tha� for the record, he �ooulcl 'now request the �oard to consider the appcal under Section 205.1�32, subdivision 2. He said he dici not feel his client should be penalized because of miswor.ding in the public hearing notice. Iie said he still felt that he should be able to present his case under this subdi.vision. Chairman Drigans stated L-hat his interpretati.on of Mr. Smith's request, per Exhibit 7, page 2, is that he i_s asking only for an interpretation of the determi�iation of tlle 7oning Aclministrator and that he is not asking for a variance. Mr. Iiaggerty asked if the I�oard is �hen denying his request to have it considered under suk�aivision 2. Chairman llrigans said that avenue of appeal is sti11_ open but the proper proce:dure will have to fol.loc��ecl, which includes filling out an application and stating whaL- ��art of the Code i_s beirig appealed. Mr. Iiagg�rty • ' � P�ye 4 G The MiYiutc:s of the }3oard of 11p��eals SubcommitLee Meeting of 11pri1 I5, 1975 ' asked if Ll1c T3oard was d�nying consider5.ng the appeal at this meeting. Chairman Drigai�s answered they Yvere, the reason bsii�g the procedural polic:y of identifying the section of the Code and the type of variance requested in the public Learing � notices i�hat are sent out i.c> the adjoining property owners. Mr. Iiaggerty said he feels that the section o�' i:h� Cod� �aas properly i_dentified. , � ' LJ , � �J ' ' Mr. Cro`oder said he was under the opinion that the 13oard of Appeals would hear the appeal under subdivision 2 as a las�t resort. He said as far as he could see, all av�nues have not been approached, and he telt the applicant would have a gaod case for a requ�st for rezoniny. He said he felt this should be tabled until the Board finds out if there is a variance tliat can be applied for. Mrs. Plahlberg said that,possibly to hel� the Board, a.request should be made to the City I�ttorney for an interpretation of r�ir. Smith's request regarding which part, or if both pa?-ts, of S�ction 205.182 caere to be consid�red hy the Board. Mr. Crowder said the Board has opened and closed the public hearing and made a motion pursuant to sul�division �, and he added that while he agrees with what is being said relative to subdivision 2, the Board could open a publi.c hearing and then table any discussion relative to subdivision 2 until. the .rezoning request is acted upon, and until the City Attorney lias ruled on what subdivisioxzs the Board should act on, rather than making the petit:ione.r. come bac)c with a brand new petition. He said i.f the rezoning request goes througYi, then this v�ould be irrelavent. Mr. Plemel stated he felt the Board had accomplished what they were supposed to act on. MOTION by Crowder, seconded by Plemel, to open a publ.ic hearing pursuant to subdivision 2 of Section 205e182. Chairman Drigans ask�d what the`administration thought about opening a public hearing on this. Mr. Sobiech said if it is �peried, an inierpretation from t.he City Ai:tazney should be obtained on this procedur�. Mrs. Wahlberg said sh.e would li.ke to speak against the motion to open the public 1 hearing. She said she would suppc;rt a moi�ion ta get the interp:retation from the City Attorney, and an additional motion to allow the petition�r to come back with a specific variance ii iL is desired. ' � , � , I , Dsr. Crowd�r withdrew his motion and Mr. Plemel withdrew his seconde MOTION by �Jahlberg, seconded by Gabel, to request from the City 11ti�orney, an interpretation of Sectian 205e182, subdivision 2, to verify that the Board at least has acted. �oithin �l�ic po�,�ers as specified and yet w:ii�hout denying the petitioner the x'ight to come bac}: with a specific var.iance at a later date. Upon a voice vote, there being no nays, the motion carried. Mr. I-iaggerty requested a copy of the City�Attorney's opinion. t�Ir. Crowder stated he �aould also Iike same guidance from the City Attorney as to tlte prc�cedurc i:he I3oard sl�ould follow if tlie rezonirig request is denied and it r.omes back before the Board. Nlrs. Wahlberg asked that 9.t also be rc�searched as far as action on non-conforrning �;ses in �he past ihat have been in the City. She said shc would la.ke to kno�v if there is �ny i�ime limit set or can it go on forever. �age � H The P�lialutes of the Board of: Appeals Subcammittee P4eeting of Ap.ri_t ]_5, 1975 ADJOUI2NM£NT : MOTION by Crowder, seconded by �aahlber.g, to adjourn the mee�iny at i0:05. Upon a voice vote, there b�ing no nays, the mo�ion carried. Respectfully submitted, /y :� K,t� � ��' /� � MA12Y FIII��'Z � Secretary 0 � MEM�RANDtIM To: Richard Sobiech, Public Works Airector / From: VirSil C. Herr�.ck, City Attorney . ��',;�. Re: The Frontier Club Date: Apri? 17, 1975 N �/' � / . �� r � ,/ �_ �� / � � I have been advised that Mr. Povl.itzki, through his attorney, requested that the board of appeals not onl.y.consider whether the zoning administrator had ruled properly on the question of an extension of the nonconforming use, but al.so asked for a variance to autharize the issuance of an on-sale liquor license. Xou have asked me whether �he t�c�ard. of a.pp�als has authority �o grant such a variance. Minnesota Statutes 462.357, Subdiviszon 6, states in part as follows: � "The board of appeals and adjustments or the governing body as the case may be, may not � permit as a variance any use that is not permitted under the ordinance for property in the zons where the affected person`s Iand is located." Based on the above restriction, I would be of the opinion that the board of appeals could not grant a variance to permit the issuance of an on-sale liquor license if that use was not a permitted use within the zoning classification of the applicant's property. Therefore, I would conclude that the appZicant sti12 has two alternatives: (1) that the city council overrule the determination made by the zoning adminis- trator and the board of appeals; and (2) that the property be rezoned. VCFi:JLH •cc: William Drigans � W < s .. 1 ' 1 1 ' ' � ' , ' � ' �� ' 1 1 ' ' 0 � � M 0 � N � � . N M a � � Q �- 0 � � z z � � W J 0 � LL . r � Q w z � � 0 z w � z � > a } � � � �,� > z a � � a cc W �- z w � > U � �� i' A�.% � e� :� � �.�',� ��,� `��',� �,��f .�.�� , � ° ,� April 7, 1975 Mr. -Wyman Smi th 1050 Builders Exchange Mi�neapolis, MN 55402 Re: Frontier Club; 7365 Centrai Avenue N.E. Dear Mr. Smith: yt i�! o J i- �`T ,' �3� /�� r � � �.� /'%�,�i . �.�� •,-�<y�- t� t. . ;.-�� ._ - The City of Fridley.is in receipt of your memorandum of Ntarch 19, 1975 directed to the Zoning Administrator. It has been determined by tMe City Attorney that tne Public Works Director is the Zoning Administrator, therefore, the request for a determination that a nor�-conforming use exists "as a tavern, beer garden or bar serving alcoholic beverages on the premises" af tne referenced property has been referred to me. � � , �i After a substantial review of the City of Fridley Zoning Code and other related chapters of the City Code, together with review of pertinent state laws, the request on behalf of ��Ir. and Mrs. Povli:tzki. for a finding that they are entitled to a liquor license an G1 pro- perty through an existing non-conforming use is denied. The reasans for denial are as follows: 1. That the manner of operat-ion of the non-conforming use would be substantially changed by permitting the conversion of a 3.2 and set-up operation to an aper�tion having an on-sale liquor license. That while both 3.2 beer and hard liquor are classified as alcoholic beverages, the former is classified as a nonintaxicating beverage and the latter as an intoxicating beverage, and that both the municipality and the legislature have made substantial dis- tinctions betweenthe sale of the two commodities. 2. That the requested application for an on-sale liquor license contemplates an increase in the size of the non-conforming use. Whi1e it is true that the exterior of the building would not be enlarged, it is likewise true that a larger proportion of the building would be used for the non-conforming use, and that con- versely, a smaller portion of the building would be used for conforming uses. �- ., 1 1 ' Mr. W. Smi th That the granting of an an-sale liquor license ��ould cause a per- ,petuatian of a non-conforming use. The intent of the�zoning ordinance is to allow non-conforming uses to�continue for a reasonable period of time so as not to invoke a hardship on the owner of an existing nan-conforroing use at the time the zoning restric�ion was enacted. However, it is also the objective of zoning ordinances to eiiminate non-conforming �ses within a reasonable time. A granting of an on-sale license to this appli- cant would not be consistent wiih that objective. _2_ 4-7-75 ;� ' 1 f-� ' ' ' ' ' i� 3. 4. That granting o�F an on-sale 7icense wou�d produce a greater burden on the neighborhood. The ap�licant in requesting�the on-sale license indicated that one of the reasons for the request was that with such a license, he would be able to attract more business to the 7ocation. If this is correct, it would produce a greater burden on the neighborhood than is existing under the present non-conforming use. As further requested by the memorandu�r the above decision will be submitted to the Board of Appeals as provided by Section 205.182 of the Fridley City Code. The ma�ter will be �considered by the Board of Appeals at their regularly scheduied meeting af April 15, 1975. I would like to emphasize that the zoning problem is not a part of an evasive tactic to deny and delay an issuance of a liquor license. It is a real problem that exists and should be correc�ed through procedures prov�ded in the City Code. If there are any questions regarding the above disGUSSion, please call. Yours very truly, � �� %�'' �s� Richard N. Sobiech,P.E. Public Works Director RNS/ jm / CC: Nasim M. Qureshi, City Managerv Virgil Herrick, City Attorney Mr. & Mrs. R. Povlitzki, Property O��ners Darre] Clark, Community Development Adm. s ,f, 1 � � � ' , ' ' /� ` ic_� �` � ��ww �,� �,� MEMORANDUM To: :Ri.chard Sobiech, Director of Pulilic Works ) From: Virgil C. Herrick, City Attorney l,j,,, �� Re: Frontier Club Date: Api�i1 2, 1975 Based on our recent conversation, you have advised me that you intend to make a finding that the issuance of an on-sale liquor license is not compatible with properties zoned C-I and that it is not a reasonable extension of a nonconforming use to permit a change from the sale of 3.2 beer and setups to the sale of alcoholic beverages. ' I would suggest that in your communication to the �'.torney for the applicant you indicate that his request on behalf of M-r, and Mrs. Povlitzki for a finding from the zoning administrator. that they are entitl.ed to a liquor license on C-1 property through an existing noncon- ' forming use is denied. I would further suggest you list as reasons for the denial the following. 1 � �J ' ' ' ' L1 ' 1. That the manner of operation of the nonconforming use would be substantially changed by permitting the conversion of a 3.2 and setup operation to an operation having an on-sale liquor license. That while both 3.2 beer and hard liquor are classified as alcoholic beverages, the former is classified as a nonintoxicating beverage and the latter as an intoxicating beverage, and that both the municipality and the legislature have made substantial distinctions between the sale of the twa commodities. 2. That the requested application forAan on-sale liquor license contemplates an increase in the size of the nonconforming use. While it is true that the exteriar of the building would not be enlarged, it it likewise true that a larger proportion of the building would b� used for the nonconforming use, and that conversely, a smaller portion of the building would be used for conforming uses. 3. That the granting of an on-sale liquor Iicense would cause a perpetuation of a nonconforming use. The intent of the zoning ordinance is to allow nonconform- ing uses to continue for a reasonable period of time so as not to invoke a hardship on the owner of an existing nonconforming use at the time the zoning restriction is enacted. However, it is also the objective of zoning ordinances to eliminate noncon- forming uses within a reasonable time. A granting of an on-sale license to this applicant would not be consistent with that objective. y r • . �' � . . � � . . � ` � � .. . . � . � . .� . I -2- � . 4. That gra�ting oi an on-sale license would produce a ' greater burden on the neighborhood. The applicant in requesting the on-sale license indicated that one of the reasons for the request was that with such a license, he would be ab2e to attract more business � to the location. If this is correct, it would produce a greater burden on the neighborhood than is existing under the present nonconforming use. � 'You may also have some adc3itional items that you wish to enumerate. Before actually sending the communication to the attorney for the applicants, ' I would appreciate it if you would contact me so that I might review the . final document. ' vcx/31h . , � cc: Nasim Qureshi, City Manager ' ' 1 � � : _. _. _ � ' _ ' ' ' . � ' , ' ' ' � I , , , '. BLIIL})I1�G_ S'7'liN1)�RDS—D1:SIGN. CONTROt, StI13COtP�1I'1"I'lil: Or /�i'RIL 10, 1915 Ctiaia-nian Lindb]_ad ca11ec1 the meet��_n� to orde7- aL- 8:00 1'.M. i�lEP�1F3�RS PP.1�SFidT: Lii�dblad, See�er, Simoneau ML2f131�RS AI�SI:NT: Tonco OTIILP,S Pf�I:SEN'C: Jerry l'>oardman, P1_a�lning L�ssistant MO`TT.O;�, by SF�e�;er, seconded by Sirnoneau, to approve the minutes oi the t4arcli 20, 1_9i5.meetin.�; as t�rrittei�. UPON A VOICL VC�TL; all_ voting aye, tlie motion carr.ied unani_mously. � Z. CONSIUI',R�1TIOiT OF �'� T:':Ot1,.ST I'OP i3UILDIi�;G E�,T1?P.ATIO�S FOP USE AS � � A fi�UTO �� l��.d�`�_ LOCf�.7'.�� ) O�i1 ��07=I2__BLOCi: I, P1:,A� 50�v`S %i1D ��llDI110��. Tlili SA;it� I�EL•<G 7%07 i��r.S 1' P.IV..;: 1O�1�D, Fi:IDI�T Y, i�llN�vr SOTf1. (P.i Ut'}� ST BY STEP1iL'IV`S i�ulCi�a ?_310 S. lilGl�id�lY 7_00, Pi.Ci3i'v'; ��POL1Sa_ MI�;\c.SOT[1. ' , ' P•1r, Piarlc l�aggerty, the attorney representing Stephen` s i3uicic, and Pir. Leonard Samuelson, contractor, were present for the request. 24r. liaggerty presented the plans fo the conmtittee. Pir. Tindblad stated tl,at an alternative plan is now being used from the one presented at the Planning Co�n�iission meeting on April 9, 1975. • 5 � rlr. Ilaggerty stated the n.et:a proposed changes are f.or a 20 foat set back �aiLh ' all green area i_n front of th.e building. Tlie 83' �i 33' steel and concrete s7.ab will be. left zemain;_ng for dis��laying of new cars. � P•Ir. �kiagger_ty stated he would be c�Torlcing out a lan.dscapinC pIan with Bachmans. , i�1r. Hag�erty stated the cyclone fence noGa in. exi.stance would be br.ought back runni_ng it a]_on� tl�e Sou.th line oi the property. In so doing you wiJ_]_ see g1-e.enery beio�-e seeing Lhe Lence. �_ J � ' . ' � t l The curbing i:iiat is no�J ii.z wiI_1 r.ema�n. l�lon�; the bacic line every 5 to 10 feet tiiere are 25 foot papular_ trees, they wi11 r.e.main as part of the landscap:'tng p1an.. Pir. Boardman su�gested tliat L-he fr.ont fence be a wood £ence or 5ome lcincl of decoration fe�ice. Tir. Samz�elsou stateci that he �,*ould prcfer an aluminum skin painted on plywood panels coveri�l� a chain ].i�llc fence. rir. Boar.dnian said L-hat he would lilce to see an example of Lhis fence beLore it' wi�ulci be approved. .� 1 � t r ' BUIT�llTt�G STLuVDnI�DS-DLSIGi1 C(iiVTP.OL SiJ1'C(?'�ii�iI'i'TLE Or /1PRIL 10, 1975 Pg. 2 Mr, Lindblad aslced about air canditioning units and heating units lacated on L-he roof, Mr, Samue]son stated t�hey were, but only if you aLe looking for thent. t1r, l3oardman stated he would ]..ike to see a pylon sign in the landscaped area which coul.cl be visible from Lhe road, and a wa1.�_ sign built in the actual facia o{ ttle buildin€; instead of the roof si&n as shown on the picture. 13ecau;;e of the "lac?c of comI;etition of signing i1e felt tlie roof sign was not needed. , Mr. Lindblad asked about the kind of cars being sold. ' . Mr. � liaggcrt;� stated they �,aould be sel li.ng new Datswzs as we71 as used cars. Stephen's I3uicic wil7. have to oLta_in two special use perriits, one for new cars and one io�- used ca�'s. ' � ' ' 1 � � � r� - � P�r. Haggerty cliscussed adequate parking. He stated t3zere would be no parking on 77th or East ?;iver Road, Mr. Haggerty showed on pl.ans (marked in red) tahere there would be 90 places to park c_ar.s not coui�t- ing the showroom. 24r. Lindblad asked about the use of security light-ing. P4r. Sar�uelson disciissed the type of li_gl�.tin� presently considering. P1r. Samuelson present�d pi.ctures of sccurity 1igl�tinb. The type of lig�iting would be i•ietalarc 1000 (F�Zl Series) . The 1igl�.t.ing would be placel all the way aroundt t:he lot at a Iieig�it of 20 feet. r1r. I3oardman aslced if a more decorative type of L-i_ghting could be used at a 17 fooL h.eight. rfr. Samuelson stzted ttie l�w required ].00 Toot car�d_les 30 or 40 feet apart. The expense �aou]_d be to much if: tlie sug�;ested security l.ight- ing were changed. At pr�esent the I.ight�_ng will run at about $3,000. per £i�ture, wired an.d mc�unt:ed. Mr. Sanluelson stated at prese.nt i�ir. Bacon, , of }3acon Electric, Fridley, is working on the liglitiiig fixtures anci wiring for tlie lot, Mr. �oardman stated lie would like to see. the ligliting t�lend in with the landscapizzg and display area, omi_tting t�he use of some oL the poles every 20 feet. in tlie l.ot. I3y stag�ering the lighting and malcing full use of tiigh ancl low intensi.ty areas, you wauld not only save on li�;hting standards, but would prova.de an interestins :Li�hting effect which would di�fer trom a typical row type li�i�tin� used on most used car lots. rir. Boardman asl:ed how late the dealer would be open. ' 5A � Mr. Ha�gerty stated it woi.ild Ue open til 9:U0 P.t1, Tfonday L-}�rou�h Thursuay, 6:00 I'.P1. on Friday and S<1r.urday. At closing tlie security Ii�;litin� would be the only ].i�;hting on. . �'' I .' ' � BUIL1)1'NG S'I'�Nl)/1T;1)S-llESIGN CONTI;OL_SIJl3C01II�fITTLL OF i�PP.IL .10, 1:975 Pg. 3 ' Mr. Sainuelson sliowed a calared pict:ure of the buil_di.ng. lie stated tlie use oL- a dar.ker bei�e or brown on tlie c�ut:.,ide anci yellora ii� the display room are Lheir standard colors. � 5 � rir. Samuelson su��ested if the Datsun sign was chan�ed from tl�e suggestec3 si�;n on the p]_ans to a facia si�n it could Ue used as part o£ the security system lighting. Mr. Boardinan said he would lilce to see a pylon si�n designed into the landscaping. . T'IOTIOtv, t>y Simoneau, seconded by See�er., to make a recommendaLion for approval of the request with the followiz�g stipulations. l.) Landsc�.ping clesign to be reviewed b}T �lanning Departnient. 2.) Landscapin� to be developed in those areas as modifiecl on the plans. 3.) System using fe�ver li�hts and havi_ng ligtiting blend in with the landscaping in sorne lind of design treatment. 4.) Suggest the roof si_gn be eli_r.iinated and tha.t a pylon sign be designed witli tlie front area �Iandscapinb. 5.) That a�,Tood fence or some other attrac.tive decorative treatment fence Ue placed in tila.t portion of the storage yard facin; E�st River P.oad anci that the rest of the stora�e yard be chain link with caoocl slats. 6,) The. concrete s.lab is to be cut dot•in f_rom the present size to make a smaller display area tliaL- is to be landscaped on four sides. UPON A VOICL VOTi1, all voting ayeg the IIlOtl011 carried unani.mously. 2. COivSILI:?'.P�'rION OF A PEQITL'ST BY ISL��NDS OF Pis�CL I�OL?NDLITIO�ITO CONSTRU(;'1' t1 1_�;tIliG1; i��:0:1 i;:11'i15 �:LVi:1:�1.0'!.' `1'U C1ti1S1?S ISi,�Li:vD�- LOCA`1'l�;l) nT 59ci0 i;�,S7' RI�?i:i: };0:'�.D, k:};T_DLLI', M7_�:�JESO'i'�1. - i1r. 13oardman stated the bricige wil.l �o from the Ilayes �iver lot to the Islands of PE:ace shelter building and p<�rtcing l.ot.. Dir. Sin�aueau stated that the seabees caill spend the summer preparing the ground. � Mr. Si.moneau stated t:h��t Lhe bri.d�;e is 8 feeL wide and will be wide enou£;h to a11.o�a t�ao wl�eel cliairs to� pass on it. Tl�e bridbe is a pre-m��de wood bria�e, the cost bein� around $37,000. ' . ' ' - ' � , ' , ' , ' ' ' , � ' � ' I ' BUILDING S7'ANI71�l:DS-])i:STC:N CON'.I'RO�L S1;13C0?�?�1IT_T_1:L Or APP.TL 10� 1975 P�. 4 Mr. }3oardman stated there is a 20 foot set back for the parlcin� lof:. There will. lie 12 ioot stall_s for iiandicapped par.king and 1Q foot stialls f.or. regular parking. P�1r. Boardman stated ]1?OI'G Zat�.dscapixig should be added. 2ir. Simoneau stated L-he work �aould be close7.y watched and will follow the plans. i1r, Boardman stated t11e Fngineering llepartment had �one over the plans and suLmittE�d thei�- appr_ova]_. MUTION, by Seeger, seconded by Simoneau, to r_econmiend approval of the request with i=he following stipulation. 1.) More landscapin� be provided around tne parking lot. UPON A VOT_CL VOTL, all votin� aye, the motion car.ried unani_mously. Chairman Lindblad adjourned the meetin� at 10:U0 P.P1. Respectfull.y submitted, ° C��,E � d, • .�4 s �2C�� Arlene L. Smith ` Secretary ; 5C ' �I MLI�iO TQ: Nasim M. Qureshi, City MarZager ' MER�O FROM: Richard N. Sobiech, Public Works Director ' 1 � � i DAT�: SUBJECT: April 18, 1975 Status of Bus Sheltcr Installations Please see the attached map indicatin� bus shelter locations which consi.st of the f:ollowing: 4 existing shelters 3 scheduled for construction in 1975 6 requested future installations 2 suggesteci parlc and ric�e sites � The above noted bus she7_ter locations are those requested by ;' residents as appropriate locations w}iich would benefit the particular area. All reauests are foxwar�e� to the Metro- i politan Transit Commission who in turn ma.ke a survey of the ' Iocation to ensure thatasufficient amoun� of ric��rship would use the faciJ_ity. ' The existing bus shelters have b�en. installed with the coo�era- tion bettaeen ihe N1TC and the City. The City's share of these facilities has ainounted to constructien of the slab ($:s50 each) with installation of the structure by the MTC ' � (approximately $2700). Cost sharing is simil.ar for those scheduled for installation ' in 1975. This arra.ngement has worked out fa.ixly well in the past and we �,ri]_1 work to cor.tinue this type of installation agreem,ent in tlie future. The bus shelter faciliti.es }iave been received well by the residents and it is hoped we could continue to provide this service in the iuture and oii the same cooperative basis that has been used in the pas�t. If the reaucsted installations �rould be constl:ucted ii �aould resul* in the cost of $2100 ($350 for the slah work with tl�e MTC still providing the structure). 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I I �_, ,� f _ �� : , � Q� � _ __ _ .. . � ! _ -_ _ ' -_ I __ ; � .. � � j�� -_ . � - _ �� - 0 '- �- � ..i� �,.�. - - - - _ � r; . � ,'k- _- � _... e � '� • �;� � "._ -- � -_- I =_ � _ i i � ! � _ _ _. - •• _ _ _ _ �. 1 ,1 � .;''. � �� _ __ �_� '� -_...� . -' , _ � ' _.v..-.� � ::j,.._..5� 1 .. - _ : _ _.. .... ' __ � �'I.._ -_ _ _' -. __. �..> ,_ �__.' :. ��---- _ _ . ...,, ._.' i'��--- -_ I r-�•� I — �TftEET MAP—CITY OF -- ___ �,� �" ' — i'� �'�t�I)i.��ot' _ .. �:__ .. � -„-�- L � � . ly.— --w> -- '� • - ..,:....�;:.... .._ ...� .». .Y. �_.. :� — — ,,.., -_ � �-- � - _ � :�._. 6A � EXISTI�dG M1� SCHr.LULLD � REQUESTEi; � POSSIBLzL,�PL�RI� t�i nIDL" [� 1 RI,SOLUTION Nd. RESOLUTION RLCElVING '1'HE 0'J�:R�1I,L PLAN FOR WATER T1AN�.GI:- ' MEiVT OF RICE CRE�K h�A'1'L''RSHL;ll DISTRICT AND REQUESTIiVG I'I'S II�IPLEMI?NTAT ION � ' � � � jVHLIt�AS, the Board of Managers of ihe Rice Creek Water- shed District has adopted a.n overall plan for water manage- ment and submitted the plan to the Ci.ty oi Fridley for its review and comment; and WIiEREAS, the plan has recommended certain projects which are related to downstream improvements of Rice Creek within the City of Fridley City limits, (Chapter IX, Section G, Pa�e IX-23 F� 24) which improvements would be for the ]Zealth, safet.y and iJelfare of the citizens within the Watershed • Da.stric�. NOW, THEREFORE, BE IT R�SOLVED, that the City Council of , the City of Fridley receives the overall plan for water manage- ment of the Rice Creek i'datersl�ed District and concurs with the general concept for water mana;ement aiicl requests that the ,� Board of I�lanagers of the Rice Creek Watershed District pro- ceed to implement the inlprovements t�rithin the Ci.ty of Fridley City limits as recommended l�y the overall plan. ' L� J ' ' .' BE IT FIIRT��ER RESOLVED, �hat sucli irrtprovement projects be initiated by the T3oard af. h7anagers as soon as possible, and that the projects be funded through the Rice Creek tiVatershed District as provided by Minnesota Statutes Cliapter 112. AllOPTED ]3Y T�1� GITY COUNCIL OF THE CITi' OF FRIDLTY THIS DAY OF ATTEST: 1975. ' CITY CLI:RK - i�iARVIN C. 13RUNSELL ' � ' , MA1'OR - WILLIAM J. NEE 7 ' , ' � 0 � � M O (D l!'> N r CD 6 N M � � � Q �- 0 � w z z � r w J Q � LL 6 � .� d w � r � 0 � w � z �� a Q � � � � w > z � r- M v ca s � w H Z w U U > U �.c��,*� �r �;�° �� r-�,,� �� .;� � �,� ""� � �,� �i �i l , ;u�' i i./:_ � �'t� ,�' �'" � d'��'�s' Ebd,�`'C ..�.��.��"� � Apri1 22, 1975 Board of hZanagers Rice Creek �h'atershed District 5837 Hobe Lane White Bear Lake, Minnesota 55110 Gentlemen: The City Council o� Fri.dley adopted the enclosed resolution at tlzeir reg�lar Council I�Zeeting of April 21, 1975. . It is the intent of the City Council to concur with the overall concept for management of the Rice Creek Water- shed District. Particular note was made that certain improvement; projects were recommexlded in i;he plan which affected Fridley. We are hoping the proposed improve- ments could be initiated as s�on as possible so further creek da.mage could be eliminated. It should be further pointed out that tl�e recommended projects be admznistered and lunded by the Watershed District th.rough autY�ority �ro�ided in Minnesota Statutes Chapter 112. We want to tha.nk you for the opportunity to review the overall plan and comment regarding its effect upon the City of Fridley. NMQ/ms Enclosure Yours very truly, Nasim M. Rureshi City Manager 7 � � ' J I'� � , ' ' ' R�SOLU'I'ION N0. RESOLUTION SUPPORTING A�i�NDi�1ENTS T0 NIANDATORY COh1PRE- H�NSIVE PLI�NNING LEGISLA'TION jVHERrAS, mandatory comprehensive planning legislation is being proposed in the State of Mi.nnesota Legislature; and WHEREAS, the proposed legislation will affect the City of Fridley; and tiVHEREAS, the City of Fridley feels that loc�l govern- ment has greater accountabili_ty to its residents, therefore the municipal governments are in better position to respond to planning for local needs. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Fridiey supports mandatory comprehensive planning legislation that includes the following: � l. Niandatory comprehensive planning only as it relates ' to the metropolitan systems of transportation, sewers, parks and open space. , 2. A more precisely defined delineation of inetropolitan systems in thea.reas of transportation, sewers, parks and open space. '�� ' ' .' ' ' 3. A reasonable time frame for muni_cipalities to respond to the rec{uirements of mandatoxy comprehensive planning. 4. A 1imi.tation of approval authority by the Metro- po.litan Council af the City's comprehensive plans to their effect on metropolitan systems arid the relationship of the pla�ns to t11� comprehensive plans of adjacent or oiher aflected communi.ties. 5. All ot}ier parts of tlie Communi.ty' s comprehens ive plan be subject only to revi.ew and comment by the Metropolitan Caunc �.1. . 5. A provision of some type of fundi_ng mechanism to meet comprehensitTe plannin� requirements of the legislation. ' . ADOPTED 13Y TIIE CITY COL`NCIL OF TH� CITY OF FRIDLEY TE�IS DAY OF , 1975. , A'TTL-'ST: - b1AY012 - tiVILLI/1M J. NEE ' C1'I'1` CLI::IZK - D�P.VTN C. BRUNSI;LL 0 ' � ' ' ' ' ' ' � ' � ' ,� , � . �� r/�1�� a 11.P'. 1ri30 UNOI�I'TCT/ST. I:NCI:(1SSMT;N' r �' .� ,�� a.. 1 � 1 A bill for an act 2 relatinf; to metropolitan �;��e}i�rnetit land use and planning; pr.ovidin�; �03- certai.n �Ht�el-fl�n_i�ri�.x�; requirements and proccdtires for local ,�v_ernmental units and school districts in the metrop�J.itan area; providin� fpr interirn zoni.ng; providin� for tax levies in excess of levy li_mitations; amendin�; Minnesota Statutes 1974, Section 462.365, by addin� a subdivision; Laws 1975, Chapter 13, Section 19. 9 DE IT ENT�CTt.D F�Y T2;E LEGI��LATURf, OF Tli�: SiATE OF b1Itd1:ESOTA; i0 Section 1. [LEGISLAxIVE FZNDII�IGS AtdD PURPOSE,T The Ix legi.slature �inds and c�ec�,ares th�� the local qovernmcnt�l ..�........_..,.,.....,.e....,,.-.�..w...,......_..._,....,...o..��............., �.o,...�._�......_,....._..,..,......._...... I2 un3.is wzthi,n thc� metrcha?..f.Y.e�n �.rac? �,X� highly N�ah..swwr aau.e.ar w✓+�w�s �:.. r..��.a�.ew on.a��aae++r�.maa.e..+ti we.s rawc�..� ee�swr�wN 13 inL'crdepenc'•��ntrvihati�Chf;. r`�pi� nrai;th�and^a�atterns oiw- 1�', uxb��nizatS.oi� wStriS.n the sreaycrcate tihc:�need�ior cr,Y'tiy j5 ^ddltior�alustaY.eiMmetYOpo.l5.L7n �nd� ],oc�1. publiC_�ez'vtces and: 1� f.ac±litf.e� and�incre�wed dan��er 'of.�<�Zr�indrwater t�ollYut3�n �� an:rle,nd�destrucLio:�,�and^thr:t��ctic:ns�byrandpc�e��e1.c�ETmer.t� lE3 in onerl.acal govern��Lntc=i 11tAi.� nf.`.ect�residents�nf C11� lg enf�fr.e`mctr.c>»otilC��nwarf�`a��inre p�o�>?cr-�sRafVurb��r�1»�tion 20 anci�devel.opr,�En�.Ptr�inscen�3 local aoverrti�entalMhounciari_esr no za sin9l.c ttn3.i: ol gover:tmenL can ��rle�uatel)�plan�heAr^ro�utxon ?.2 and�thei:e 15_a�need £or»the cjcio��ttan of�r.00rdinated^p��nsM ?.3 Prnc�r�ms �,nd control.s by a�l loc�ix nov�YnmenCal unit : ar.d 24 school distiricts in orcier tn ��rotect the health, s<afety anct ' . 1 0 � !i �' (;' I� �� , I � _ ' ' , I � i , 1 , 1 ?. 3 � 5 6 7 8 9 IO �a 12 13 IR 15 1G 17 7.D !h za 7.1 22 We} f..'ixc ut Chc rr :IQ��nt s of: t:h�r �n� t.rc,��p1, f,r.;�n t�1'c�1 r�hd to ensurc caor�tinatrd, ornerlY +�i�d ecoi�onic d<�Vclopmr.nt. Theretore it is the nur(�o:�c of sect.i�ns 1 Lo 20 to (�) ...... �.___�-..._ `w._._............._M.�,..__.._._.. ..__........_.........__ establl�h rc��lr��ncr�ts and praccdures to accor�pliah can��r�henslve loc��l p.la��nlnct �nd rnr,cC �at�r3 use ccntrols eons�.:stent v:ith pl��nne�9, ordcrl�� c�nd st��eci cievelo�i�i�:nt and InCti:oi�oli��ln :}'sYF>t� pa,.tt�s e.��i (t!:r io t��avt�]e a55�.�tr;i;ce to l.ocal qovel'��rF:nt��J. un1.C:s �.7�1 �cT;oc�1 d+_stricr� withtn the me�a��t�oSltian area i:or Lhe prepar��'.an nf: t�l��,i�s ancl of��ei�;l rontrols ap,�ro7ri.a.te €e�r their areas and conststent wl.�h metror>o�ita:� sYstien p;.a;i: � ' � :See� 2� IL�I:F'tt;?i'):QidS�j Subc',i.��i.; ion l.� As used in „..�...,.......�... _...._..e._. . _ ��,.�.,.... _ __ seetinns 1 to ?.0 lhe •,'-.u.LJ.�:�S�;,r, torm:, sh�11 hat�e the meaninGs givelt �he:n. Subda 2F "Aciv�,sary metrepoli�an �and use eommStte�" ar "aciVl.�aTX co!�miLL'et.�� me4:ns an ad��isor�� com.raltiee established b�� the metraPcztt��n counc4l �ursi!r:nt; to scr.tion 3 of tht � 1Ct`.e • Subd, 3A �jApp],Sr.ab.l� p�ar,ntn�r staT.ute�� means 1f.1►7rtiesati a....,....�.,»».,....,. ...........�...._..,...M.......,....r,..-..-•....y........« ..2...0 .,._..�o...,..�....R.�,.,.»... Sta�t��es, Sectixons 39�!o'i ca 3G4.37 fGr coun�f.es �;nd Fi�fltlES�9�n St��.'�ut�cs� G;ec�.J.r>r,:, �tG2o35J. Yo 462.369 £-ol ci.�ies «^arlcf��c�9+ns � SllbCj. �F. �n�'.�^.�pir_a]._ i,nproven�enr. r.roc;Y1[?l�r 8i,-��YE:a�P:-.Hn means an itemized progr;tm for a five year prosPective AeYiod, st�blect L� at least bic•m1i:al revie�� xeuis�eri� SC'L"t.].Tln CO1_�_ i ,. e . � . .. . -• " . . -. . . . a, , , _ � '�1 �I �^-� .. r: l � . . . . _ � ii'I.� . . � r � (' 29%�Ci+i'�9'e'�{.�!"i�<: . ....-...w�,..�.r.:..�......-...�...�..... .. �....-...�.._.._.�........� ..�....�...�.-.... �. .................,._....�...�....«.. � . / . . � ci L � ... . .. � . .. . � � `t��z—cil 2o t1�� scl�edt:l.r, timinry, and c'.et�ils oi snecific contrr;plated 27 cnhltal S;npT'oYe;nents hy f.�-°c�� a�enr, tonether v;ith thcir ?.(t csti��;�t��d cc>st, thc jus�s:fi��jtion i.ur ezeh is^Provcment, fi.n�nci.:il source:.�:►iicl t�.ii� i.m��:tcL i_ilat thc� iri��rc�vement�:: �_�iZl 2 ._._... ._. ._:.._:_.:....�..._`._� �_._' �__......:_,..__ `��_._...�........__.:.�.____._ ri��. 30 ht�VC on the r.urrent o>>rr:�tln�i e�:t�rnse ��f thr loc<�1 31 qovcri�rr,r:nt_�l unfC_or---:ciloolYdlrTtr�cty�n��-r�:N�,,�_�n'�o�r�.�t��n 32 oR <'::-�-?t,th-1r��: n�.�Mr.,,i.y..n�i-rn�;-h�..�,�.«LStt�'r,i � c � ' 1 , I ' ' . � ' • , , �. , � � � ' ,i , . I ' , , � : UI?�i,...!i....��CO@(�1^(-11ri�_SVP (3.1_�Il°„OY.F°��1_nn"_mcan;^fhr' Z COmC'Y'M.�l!'C`' .j,V�'_'_�.^n..(�1_(��ttll .1.<7r.�y.i tic`1'CtI1��ci1L1�.LYUiIt�^1'��.�'tti�rl 3 cn1�-�^:�?t��ct-tn.r��-�r,rrrt--t.cr-;-�-�:f.ficT�ss-S'to-;��-nf-r.h�s-nr.t-nn�i�-to k fi-irr--c�•:-�-c-rrf�-trc.t�-�-t�,-orr;��:st�t-;1�--wi_�:h-sr.ck 4on��-�-Eo--?,9-ef-;:133� , r� -t;ti-t.,_.��..:... �._.....�•_:rr�-c� .....,.�_.:_.T��..i:,a-�y�.-c�r�,f�E:c�-thP4�3!;�4��fr-a4.....P 6 'tT�. ��n�rt �n:r ��r; t .:-,_,-, ` describc�d in sc�cti.ons 7 t� 11, anil aTty amendir.c.itts to the _�lr.in, Subd. 6. "I'iscal devi.ces" means the v�luation of pronertiy ur.suanL to Mi.rine�ota St�:tut_e�, Sect.i_oi� 273.111lthe desi.inzti_on of urUan and rural servi:ce districts, pursuant to I•.iinnesota Statutes, Secti.on 272.G7, and thc establ_ishment of. develoPment di.sL-rict:s ursi��nt to i•fi.nn^sota St�tutes, Section 472A.01 L-' ---.— �� .— to /�7?_�.13 and any other stattites atithori_:;in the cr�ation of . - - ---- ---_.---------�--�—�_.�. distr�_cts in �ahi.ch the u.e of tax increr:�c>>.1t bonding is auLhorized. Subd. 7. �"µz�°Cas g�'•'�_ryC:r,rcllCal. Urti��ory�'un1��Mme.�ns a11 Q c� t i e� r co�2ntii.es ar;ci i.c�t.�ns � y;.n4 1.n ;,hc�? e or In, pr�rt �Sthin 9 tihe c�etropolktan �.rea, .�.....�.,.�_.,......_.�......_.�....,.�...,�.,......, . - Subd. 8, "FieCYO�c>3,S��an system p].ciis�� r�,��ans the �,}, R-z'i}...=.��..w��.}.... �.r�.e.. �..`._..,1FF:......, i�i±E.if�Y;C.`?;�:`,:�i31a...� �i�..et�°...�.,�., �12 i'� TFrL�t:—.."i;G�{-c-i=ii—Cf<�.�1-( ��-,.-Ft4:—� �Yf:P—N.�Y��tJ(i1�C-�—�:�.��ia—�?�E�—^i.�}1'? . o..�..�....a.....o�....._ .... ..,.,.,........�.....-....,....e...,._.,.,.....a.�..,-.,. a U._. ta,....M.....�_,...�.....�..�...�...,...s.. �s. t.� _ � _:a5=!a(s <:.- l 'r ' i— 1•7.�: N_ 9r �J G�.1.'-'^ti.i;t''�i'•4- i- .rrli. ,.—e'2,��.i5n--bLr;,e::F�—r^.i',f�—ii,t;-`: :� '�.....1 vu 1�Q� G'�T-.':'-::<:—✓:17—�;SSC}JiYi'l��'C'cNt;—E:,y_f:i1°-3?.trz��F'= :=ci:l—iUfil:l£Z�—t�-:1-:'-:'Uvi1�C ��5 f:�`�--__,.�:t-k�'F;rF•-i;!7�:r.;.�!'-�;:�� airports portion of tl-!e meL-ronolit�n deve_loPment �;��id�, and the �licy plans, develoPment prof;ram�, and canital budf�ets for metropolitan wast:e control, transportat-ion, and regional recr.eation.o en sl7ace. Subcl. 9. +�of.�lcidl C��ht101.5�� OI' ��CG11S;X0�5° 11ec111S 1'I ].r.ctis7at�VC1y cic£in�d»ar,d en�:ctcd oz'dSn<ttlr,es and 2'ec�ulations ..�.o..a,......__�..........-_�.�......_._.,,._.,.._........,._..,.......e_.., .W..._..r.........__...._...o. i s�t ec;u s :;� ,ndards mans, conditi.ont �,B conL�S.nin4 P°...5.:� ..�_`. hloc ...._:..c �.....,..:..�._.._._..�.�..__�......__�_..._. �_ 29 enci other c:zitr.ria��hJ.ch`coritro.l t:hewPliysicalM�levelor�ent of 20 a cS.iyr tovr;l QY CO111i1;�� : any p�c!rt Lhereof or any detail • ....,__.._..._..�.�._.� � _._..___._.__......._.,.,-.,..__..._...._r__.....__._._._._..._ 21 Ciic.;�r:o`. unci'imt�lr_r�ienC�thc�rcne�'.y)��vb:lcr.L'SVes of Cl�e • 2� comPr��hehe.lve_ul��n,.^„Off^i.cS��,l�cont�.rols maywincl.ude �3 orclt.n�nceY`��t,+k>llshin�t rc�ninc�� .�uhci7.��i.Yion�cn�trolsY site 2A I�lti�. r��tlul:."_,i�,n _�_��ni.l��rY�cr>rir�� hnil�i�n��_cn-!�s�+nci �J t�f f � �f�nZ r1�1��.'; � � � i F I � 1 � � �. � � i � � t t ; > ; , i 1 , , ' ' ' ' � ' � ' � , � 27 20 24 34 31 32 � z 3 � 5 � 7 6 9 Subd. 10. _M��'rl.v��t'ems��?�r tnciJ.itY'�.._r,r.�ns_a�sin�).cF1oY., mul.rip?.e loi or othe��v'<�c��'^collection orwL•reat.ment ��..__}�—.--._.....�. c(,nstf,uctc�f or oner;�Lcrt h)� anY I�CY'5QT1 otl,er �.1Ct iLC r,t�tned� _,_.Y,_,,.,,_...___....._��.....�__._.�._.,.___.,____... ��^�^~ �^ y � 1 unit or the rar�tropolitan w�ste thsn a l.c,ca�t_ c�ov�rnmcri'=�:.t�.�._...........r _....��.�..___.....�..._....._.....�_.,_._... coiztr�l. r.or.�;ni:;sion� .�...e_...4_.._..._..._.....,..ti=�-L:t::6: `._cevic.:.�1°_ra��_�i°__L!'nSs1��,t1_v..�,_.:.��.�:. _�?-13c,�-�u�-- __.�. ...__.._..._ ----.-•...W..... , .�.._...__..._�.�_��__------ '_' ,�., .r.f�- ;�;-,�._-�s;�ix -r-e�c�R-''.::j.-ll^- 8:��:�_�.�.`�._.;�,PMrftF.s�<_��s-�`seri�a-� +�� ....:..,._..._�___......,�.._._.....,.__ . � . .` -�;-'� ; G -{�`1'��r'�: Ct.; �- -C�La \�{'-1-G�:?,c.nR-'�- -O-'i'- -c3' $ �ll�ile � d� - �+l:t�i `:{'"fr_ i;�l�.:. i1�-c�-i-f'£`C-1--.,........�..�... _-......�....�-......� .�.....� ......s.....,r.. ,r.._..._.._.. ....-_.�_-�� _ ,��.�.s.-i:- �n-?"- -c,rr!` 1�z�-t .-t:�x-r-rt�-f-r -2-ct�l-it-ctNx*- -t hA i�Zd�-4E�i��1�'��°a.�s� �,__..._..._.,� ..._.�... ........._.,..� e ......._......._-, .«.�......,.a.P..... .....................a.-m-.--^°-.•��S��tYITti:-"i:'t7""lNi'ttt'.'':;i5i`3"':�t:cl"C'1Y�:'_:; F . V B�l� Yt'1: :��:1-'d'f.- �'� f'0 i.�:�a...-.•�......s.,.�..�...�....._...........,.....-.o-.a..,......�.......,..._ ............. , • ._...�._.�. '-�r.� c '� a M -�- T1? .`•�.Z)T1-••'7.:T7 Zi:- ZTlyi =� -:•''7iZj" i�RTi i' •`, �: ; C C?'. � D ]�- ?. `/'� 01 _ t - t}� _ ............•...e..z.......,..�....._..,.....,...�.�.....,..-^�-------o........,.. e...... �..,�.._.a.-_...e ',_'_R� d__�,.., " .�L ��tr� �.:�; -5�cc'�-'ratr-?.'t-2-� ET'Fr �itstri�'��s;'Dr,x��nt--t �-�M{�.TTii'.u-CS�i�r....�.....�..,...,............_.,....e,....«.-,..-.,.a.......,....�.. ..«.o....��.�...�.....m..e..-.......�..e.�..,�..a.>. --�^-�'�'-,.ttzlii�!'fIl-� 11..�...�i.:-�--5--�u--Slr.-.':l�i.._t.2 d A i-�� C� - C i3 i. c� ��. �. �: � J.1.C�31.L:�.C1� «.�.....,....»..._.�...,.� ..,�..-m.,....,..,<��a..,..� r.o.........,«..,,...,..�...��,.. ..,o.._e.......�....�..�...-�...-..>.,..�..`..... _e_- ` ,... _"-""),-^.�0 1 s"'�.�7t�'-u7;�� i:r li �-i- i�i�.i:i.ii�i: � j� ui:'�:�:�'CT�'t`.i : l`�iS"�"�d �l.`tT e � �...�+.a+��..a.,.,..v - t;� nn � .� a..._...._...s..._.:�v,�_...�......� .,_.�r...�. rn+s�......�.i..,......._-..��.....,�......e..... ,^.�...--{ -ti-��TE.`' _C,`7�' i� iZ�lf -Cs'�- (�.`a'C"1`�.l` � S'�'lT tiL17 �?° 5'� �t:`�.+�: �Y- �:ti-Y.il �) �..:.....,�`.,.�: ..............,».-.,.:......•�.�..�...._��...... .,.. _.�ti..,..,.. .,, .,.�..........�........_..o.�.>. �!- `�- -�-:r'c?�2 �-;'1-Q'1T'�''.3-�."G._..-� -£- ' - -�'7C,`.`f';!rr � ; i - 'i: t71t<, .. ?•� tti��SC�--��:,-v:�t-t�,. �.,�'.. � __....,.,.°o...�......_._... .» .�.........._..._ .....�._.�_....-...._.....�.�....,,-�. Q.�,�Subd.^.71...,<"School d� ;Y.rict" mea�:s anY independe._t: or soec��' school distri.ct, as defined i.n Minnesota Statutes, �ections 10 11 1 ?. 1" 15 1� �7 io 220.02, Subclivisions 14 and 15, wholi.y or. metro;�oli.tan <trea. ].v �aitlzi.n t?�e g?c6 3� LT:1)'e'TSi:F.: C,Oi;ir:�TT;.E,] T?;cicoUnCi.l�"f��?;?. es�al�.l.S.�h Zn a�avi.�o?:-1-'Rrp,.ys.;.��>o�i•Y.�:�....�._L��tr`�?.wu: e commJ.'�t;ce ^•.•,._•«...•.j,.��tirytOVL��';�> 19'I:ir C11ai>Cel' 13a Se'.e.'Cic�11 �i CO1DprS:;e9 of p�r s u a ..�...�.�_.=..�.._,<...,r.u..a.�....�.. _..__._. ._.,�„�....ti....�.. 16 �L:.�c .�')y`v.,.°..�_lc,c?l��rovc^�r^r:�,er�t�.l4 t:nJ.in�F GI1C frN�r�cr�cn coui�cil di.st�'ict,_ PJ_us a chaii-pei-son �nd such othcr P-------- memUers as may be neces^a�'y to ensure nt least one re r.ese.ntati�:e from each metro op lit.��1 countv and one from metropoJ_it�n school_ disLr.icts. Not 7.ess than one-half of L-he memhers of the advisor.y conmuttce s1�17.1 he c7.ected offici�ls. Scc. �. IGUJD(:i,It;L•'S�) '1'h��co�ar.r.�l,wio�lawin7 yl �i3i�.1-'Z:ile�--3'-(!t'-i:-ri}E'-{r`--z•�>�u:�fiat�ealek�-t �-0il; -!'.-i.=L`I�• car s u 1 t n t t o» i t h �_..M�_�_....�__..r.._.. _w_.._ _._..r_�—_.�...—_...._... '.^..._.y._..~...~--cc�;nroAt'tce� sli;jl..l Prct>�fl'c +,nd .�c)npt qulciclin�s th c r� ci v i s o r>> _._... __..._._.___�... .__,_.._.._.___...�_..._..�..__�_._...__.._._... .._.__.� ;;_.c__.�cl.��t S.ri�1 lo U?c rt��JU.�Yc�,��nt,. ��nd rt ovi' iotti:; .'t^11<l r�;�nCC:cw1 l N_.__....._.»....._......__...__..��_..__�.__......---...._........_......r...Y_---�--_• . � ' v � ' , � �J ' � � � , � � '� ' � g� an: 1 t.o ^Q rrhtc�h �;i.1.� l�rbvi.�1^ �7rst.�r�+nce to ��r,�l �, o f. s e r• t � _..._r_._...� ---...._...__.. _._.,____.�..._..,_..�,.�_._ ____.._..�__._......__....._....., .. 20 c�ovcr�,ment�)�un1L"^M�ln��_..+`�l�c�r,�, d�Ytr,lcC�inM��ccomC�1l.':hSng Y.he 21 I�S�dv1'J.�ns�o4w�^rcY.y.onM--•J.. to ?.0�' SCC � 5� � I�r Tl?OPOT,X`1 A(J SY�,7'l�f•1S S'�'111'f;1•�EIlT o� A}� -l�i�.>,•.i,-1 _7Ul y 7, � a .r.,...... �...._.. ---- — -- - 1976, thc cot!ncil_:;hn7.l_Lr�nsnnit. L-o_cnch 7.oca1_�;overnr�c�nt-<�] unit a�netr.on7 i.L-ai1 systems ci_.�t:em�nL- ancl to each school dist:rict a stal=ement con��ri.seci_of thc;parts of. mctr.o oli.tan s}�stcn�s st:atements affecti.nF=, the school di.st.ri,ct. In the prePar�tion of the metro�olitan sy;;tems strit'emeiit s��:e�er�t_s, the counci.l shall consul.t with apnl-o�riate comilll.f+Sions , officials o.f. thc uniY ancl the advisory conu*.ii.r.tee. The stat:ement shall contai.n . information relat_i_n�; to thc unit and appropr.i.ate surroundin�, terr_iY.orY that the counr_i_1 recommends tt�at c3e�e�-rn�r�e9-ne�ess�r'y €o� the unit �o consi_der. in preparinfi its comprehensi_ve plan, 32 1 2 J (_ J 6 .� � 9 1� ZZ i2 13 14 15 1G 17 1Q including thc follo��ing: (aj The�tir:�in�?�, ch�3��ctcr�}funct.l.on�locetionf pr.o�ec�ec� e�:��aeitX a»c� co;�c;;t±�ns an use�,Mar e>:Sstin�l��r �.�.._.�.�......a..s�...�.........._.�»........_.......�..._.»�,,..,..V...� .� p��rilec? metiNono3.1.L'an C��i.'rt.v�4�.t-�:r.3.sitiS.cs�MaS speCl.fied�frt u�etirop�?.i.Fan s��.�t.rns �ta��,.e rarri f.e,x state and.feciera? publSc .s.4.,.....m._.=....._.,........ .�._.......�........-..�......e.....m... _e...,.,_...»�.��„�........,...... _.. ._,..-.�-- £7C:j.�..ti;ti'S��G�i'.11^ �r.,..�¢�f1�..m'krv?ZO�'+'il7 �:oM�:hE:�C(�t'.nC�i� (bf ',�� j�Oi;U�2;1'?C1:P Ci.1pj.U�ji;.Gt;`L c:l:ci liPtlsi.r.<rPll��'d o�.:.wr-.a........F.�.,.«..p.,.....�........e..........�....� ..............ry....�..:.., - !?1 o:iert.S cn:q��.,�hlTch...l`.,z�eubNen �ised bl'ro hhe c�unci�.H�3s a�basis �.�'C,S S�a..,.'EC FCi�c Za��. � ,.�.,.,-.�....�� .1....f . ,., Ls^c�,`. t'.};e t.anc; t1sr. n].;,:�r i?�'!>t�t,e �aC3.1±'cies (c ).. r'n`'� ��:A,�._.......,.-..�......_....�-,.._.M.�..._......;...��_,a.,._,�r._��.._�..,....,,..,.�.�....:.�.o. P1��n o�° {mp}:.c�r,cntaCirr:�l?i�n�,rr_t�< <�t1�i�Fi�`rn.� l�e�exclt�ded�4ra-s-a .� ,� , ,� � 1 � exc�.u�ion of tllE` p}..�...lw� G.,..:i.�,. �C,Ccl.l..»c1t).��[...p�..�....t..,.-..,vU11S...�.o......,.7��...�.......�...�e...........�» j?�.'�S .yi�.t?..l l�C..�..F-.i5t4,.i ct1 .= Tl^+.t��iUi' w Y`iric�iuCh` Tiici:E X^o� eY.lSt�.fln L`Ild hi"4jCCL"Ct1+dC`!Cl.q1'�[w;c..y^..^.i�ti1:�1��.:Ch`i.0081�nO�iC1'nrM.mentyc^s,l uri1.L r�.nc�Fcyn t>alict�::'_µ�L.:trer.cR^p„:s�.nri z�er.om�enciation� ront�;i.i.�•��....'..,'r..;. tr�et�•oi�M,ti.�r,n......_�...:�tein P.lr4n�..... � SCCQ Go �Ii1:Tl�;()P(?l�I1Aid ,''ii'.°-.iGi'iS STI�iEt!r;N'i'S� A14ET�D1•fi;h:TSe) � -i-:•t-�-�-i>.�.-�:!+.:rit-(:I1<:11tii�N.._jj}gn��-Et"-p`itH4•'r,3.-'�l<�j1'YF�'V%RtPtl�.-S }�sr-t�-lr._w.`..._.�_:._'�.,...�.._....._. �__-__:......�._...�_,.. _.:_._.....�_._w_...�..._�.__._.....�_ 'i'Cri;�<';R�"-`�"'�r.�-i`�e.. -c:+-Eh�-ChNhc'�S,-`�het }.-�;tiur: i tl;�Y114.t1i-i1t1�-C�5 � ..._....._..�._...-...«.......�..,_..._..._...... _..._�....._..._._.............�_,...,........ , .....,....�......,.._._.,.... ��rr�c�_�..»�.Y.-s}--...4::rt�r�-r. Y� `*...,��+ � l�hr- r��.._�.. �.�.��...Y.e�rar�� cir.YMr.ny � �- ' � . , � , ' ' ' , , ' , ' � , � ' ;� ].,ocnl. �;ovrrrnncnt::il iini_ts_:^h;�ll^ccmc-ider�in t�hc�ir i.ni_Li_ril �' com i'chcnsi.ve�l.ans :;i�lm�ittr.cl to t>>c council, and scha�l ----�------- - - -- — ---- - districL^ shall consicler in Chei.r. initi.al capi.tnl inmr.c�vem:.�nt -- - - --- �— . __ - - — t pro;.*,r�ias snhmitt�d tc�_t:h�: couticl�.,_:1T1�� i� s 1.�..re �i5 �Ns - -- --- --- — � '� -ta rQ u, c.✓ g.� _�..�.. i9 M?nen.:':'��1:M c;. �1cc?fri`�.;.:.wl�_`�:...te taet;.:.°roi.S_tan ^]_"`t_e;n�i�l�n� 91..�. 20 �,t�1c:�...'��f`:�.:�.:.:. .�e.w�:l...`.:.�,,.. co�inr�.1 :�P�c� .,�7:..:.;n .;r �r.��:.; p�'S.GY.... o Z! �1�,i•��:�.......�.f....:.��7'..._,��.`.?:�,.t".`,.�::..:r.:•f�rl.t;h:.:�...r�S'yca 1^�<?i1`Lil3 ryl.�r . 22 Ye�ces�_LL;I�,T_�'r�s at�±^r�dT'au:��"K.LU .:=._'�.ri�,roi;c,?:i4�::::1...�....�.t :_m pl,�n! cach �: E;i �CC'Y.� a 1_0. 1�{�l � l t �.rii::! i t" { u U ��:s0� _d{ ..i'lS,c!' .>il:�? 1, 4 r....��......�-�....�....x_ �.c..v..a.�wu.._.r..., . ............J.s .....�..+ .�r......n.. ...a�...�...�.....tw.�u..�a..�..�•.n�u..�.a..�.� review i ts co�,-�henc;v��,1_^n and e:�ch affecte�i school , distr. ict s?�iall reviro: it: ��} c:�pit�l. irnnroven�cilt proyra�» 25 tt�-dctrr;�.:ii',� i�`.�.u.�it ��rvt;.'�„urr,�l�� is�.nrC�rSMa�y Y:o` ei1sU1'e 2G cant-i.n�ecj .r.+onf:�;��.�i.�:y,.yriCh r,?��Crct%oli �•'`n �y� x<=ra P1�'•n�'VN If an 27 �mendn��n:��„ nec�e:.^>��a:Yr,the ryoveri::aec�wr;':�unii: ar school 2G ciZs�S•' e�t „'a.'.;'.�,m,�o....,°ret.��;1.,:".�:: �.Y�:.,.<µm��di^ e�t:..�r,cl suN�."j;.;. �'t„„ko the 7�� cc�!rnc!iµAfc,x^ r.e�v3.�'n� r�t`i..:��:,�.��.�r.`..,�;:__,�'Eoi�: �w�.��.N,�.:... . �b SCC �? 6 �CU1•;PI:E,H�;il.^-..L�df': P;�r,i]fi: Ia'JC1:L GU":�R1714L':P:'.Ct.I� ,;� t1i;STS�] �a�,GS.visi.osi l: Piiths» �-.�� three year.s follo;��i_n� the 3'l t'e4�?.r?�.��S�,t:..r:��.�o'�..n;:vnt_.r��w:...`�w..;n.. 'y:".Y.e< :�st.;.,_�:C yf,'1C:11�r every�locr�l . � col�ei�nra2ttt�ji,unttM:h�:t,�. I�w•vevprc_r�:.�;,ec3a.� cor�PL'�h�ps��rWp!��n _ 2 An accordance� aj��.h�sect•.1 c�n »�i lc>F?G�� s t;i�1. nry.�,.cL andwlh�: 3 .'�[�P]^S.c�•U.lcwpl^;�nn_ng�tusYaY.��n^l�shti J.?. hc,�te�..'.N�1>miLted the q P?.�n Lo Lhe._r�ekroL�oJ.3Ttzn cT unr.i.!�o'Y�revS.e��r�p:�z�cuant,to 5 secticn �30 6 T Subd, 7.a Local ClO�'GPf1t2C11�.a.1 �Ila cs sh�a�J l�suhtnitYthelr ,}..,.�..........._....__...n,.� ...:_.,..w...._��_....,_.._. _.....,w,.� 7 propo�,cd p,l�,�:., tc �,c;•;�,c.�c�1" Knvet•n;an;�r..al un3.:..,t.p,�and af'r.eeted ._u,_._...........�._....A. __....�....w..��._....._...,.._..,.�....._r.. _....,. 6 school,w dist;i S.ct:, f.or � cvScwyund co;�rncnt��tr ie^�:�L sixqmonths 9 prl.or to :�uP�nJ�,si.on of.�thcVt�?�;n torthe counci3. <1ndNsha].1 ip st�bmiC�r.or±.es�to�l�h�m�on thefM1:�;uhi��SYsi.on of thc Plan_to cl�e 11 council. � � � i� � � � ' � � ' ' ' ' r � �I �� J � �,2 �uhd, 3, 7'h� hl+i�r: `:h;il) hc suhr.i�l:t�c•�3 to rhe r.ot�nciJ. 13 r.c�i�o,�,t.n[t r:�,nrov+�l. h.Y thc h�.��nnincr cornml.sslon ot thc unit �,� and+�lf:t.ei�cunside�'»li:;C,i]wbut�he.for•e��in�3l.��pprov�l^by�the 15 9overtiZnh ►�,c,dy oi t.he ttril2� 16 SuUd�• to Cc�rprchei� ;ive p��»s, c�zhitrel iroprov�ment 17 Ar�`-rr4Yn�_��i•,c�r po1±+c,��lans a��d'oificl.alMcontrc�lsroF�loc��1 IQ govef�r�raent��luunir•ML�<daM1�tc�d 4rf�±or.` t�o. the�requJ.rements4fo� 19 `f:G1:�,Qi'1�w1�toM20 V^;h.:�tl..z_�:�`'.<n i.n iozce Tnd ef:L.c��..�_...i1 CL' UiIL 20 ��r�cndec?, x e�:ealrcl .o�..�y�ary;.�: z.�e�,�cN�.'y..K.t,:it�:_. °r control�.V.�c•�o(�ted 7.� purst�Gt�� ho s.ectto;sr. 1 to 20� L•'xistJ.rcS conr�rehensf.ve n ....�......�.....�a _.,...... w,�._._...,.,.,.........a......_..,�.�... _.�.,.,..�.�.,.<�_...r...._,.,..__,�.r.......,.,...,..1 �Y� n r :. 7.2 cal�.Lla.l+in0.�wovev:�;t�Vt'.�4ra�:�:;�,.�;,:.._sr_�,�cr..i�ol�.c:��p�zins,._anc�i 'Z3 Of t��i.81. CC(1%1"b?:i M�l'�' �r? l(1C;!C:c?Cj i�f, cs^V1'Op2'S,ate c^�[1cT' Y:Ct4 24 cap�ti+J. Sr�pi��+cr��tcyMp�'ac;�r��r,��3nclqo:f:i.r.f.��l�conlro�sPnay b� 25 preP�'�red e�nd ��doF��c;d t�z•f.or Cn the subr;S.�sion to thc councii 26 of rornprel�e:nsr.t�e p�,,z1M�"a1PU�,��E� by sect:lon�_1 to 20�y� �` 27 SeCo Qo �CO1�P1tE:;L'IJS7VE: pLAl7 COi?7F.tJT�) Subdivi.slon ] e 20 The cor�vrehensit�e pt�,» srir;tl Me a sL�,Ceinent�in �,.erG��`.�_..,.,q_ _,..,...,....�......... .��.�....�._,.,.a�_....,....._........,..�a.,..r._��.,...w......r._................o,_......_.�r<. �... � l� � e 2l it1U: tir��tt.�r•�: � or oClte: �o�•�ns r��t"S.n�1 fo.th objc t± a_��.......,M ....ro.�._e..�.._.._..,,......�r��.._�`._..-..,_._�._,�.._....,,__...... C ..,.Ves � 3d pollcics+ sLr�ttdrrdc �nQ >ror�°a;,.> i _._»..�_.�.�. ....._..A...�.�..R.......r_,e �..r_. }.. '�.....�_.,�, t°_ �) u i c c p u h)�i C a n � p t' S��a t e 3] ��;fid US�'t �i`�VC�.OpCiC11�� 'BC�C-.VCJ.OI>n+,Cll� r�t d � .<, • r � •• __..._.....�..._..�......��..�._.. _..._._.._..... ..�....�..�.�.,. _..._.� �,.a..� ..Y.. 1_c r e s e r v a t� o i.�.. �.: o t- 32 Sll. ia::d:. it;lc4 Yi��Lers e:sL`1',t.n C.. ,d ....�.�_...,._..._-..� ... »�,_._..�.....M...,.._,_. _�.a�.._.��.�..�_ � �.'�'�._.,�v. c�i 1 a t��o f Y t h eM ). c c�i l. I �lovcrnraenY.ai ur�f t: ihi�c�+gh I. ��0 ot° t;�r. au�:i� a.ny yeZY ?, tihere�€C��x �„P�Sch 9.s .�4�•_;z.ly Cii_1'�. ,iL�l.e I�Y iiV�t ��c.1� �? :n ...._.__._�..._...�_..__..,,..�,...K_�.....,....��..,.�rF... ..�,_ ...,......�_..w...._.e»._..��..o,w.d...._.,.�... w� 3 sh��ll�pecxf.;T��;C�<,cr.ed�i��c;u,f:r�r:SWV..`.'.n�..coYrcw,�cia1 4 develo:�mey�i:� j�.'.Aitil^(i j"s:)!')U!.�.�?.CSCI C�4•`;'i.'iihl?i:�bY1r E117C� ti��Cill. f�q[).�,4:: 5 6 7 8 4 l0 il 12 f<7c.t�St�y c-�t(�1,r!t.f.c�5 �.�l��or, tah:.ct�� the hir;�7 is basec; F.3r.i� 1 - -- ......._._..,..._:.............-_..� �_.�...._....,r..�,..,.._......._.......�_...�.. .......__�...._,.�._ �'.��;n shal.� C�hl'dtil�a_di,scuc:�3.on oi:Rtheryuse�oi tlleN.pubiJ.c f.r�ctl,it.`�cRN�i>r��:!Lt.c�d jn Che. rYc�f4io;'°?t,t��t��y�Ce�;'��,tt:L'c�nent yttc�oJ'pthe yeif.ec.:.._tMoi.,t:hcV.h1<,ii,an�ny;j�jchcnl loe.'�1 9ot�e�+nMental t�nit� �ind ,-�ifcrCtect .,chool c'i�trir,L. f•:xist , ...___._....,_. ._._..,........�_ _.. ._ .,Y.., ..._._�,,.__�____� � n 0 P 1 a n r V a n<3 ofl:icS.,�l ,c-c,tit?��'_.`:�,�y`t.eyuYcd in+.al:o?.�Y....°rMin^P�lt fo11o<<�ir�� mo�ii.fic.,Cton� �i: necc.e,,ryr to s�,t.S.cs irc� > .-__._..__ti.......__.�...._...�._....._.__....__.__..._._.._..._._._.....Y LheMre�u.�__�..nY., of. sccL'lor:.. 1 tc, ?0. 7'hr. cot ��rchr.n.r7,��r. n7.r,n m�i c�� ,1 ...____�-._ ...._.w.._.,,._._.___.._._.____.,...._.........._._��._____�.`/......,.nt__n �i)_1 � ./ 0 � r . '� � , � � � ' � � ' � � ' , � . � ' � � � 13 �-�rlciJi.totl�tl L;:L't�iT 1.'hiCh fn:��' l�n 1nC1U'!Cd .._...._.�...�......�...._.._.�.�._._w............�....__._�. ._._____._..._s.n_ �►�cor�rrrh�,nsi�� . 19 P�an of Chc yi?��-l-;-Lit�r'�.<� ]C�C��1 rovcr .r��ent��.l unit pursur�nt Lo 15 tne �zt�P?.icrjhla n)r.,i�i�!.nq sr<�tutc�^ � ��-----•-- ..,..__�...........�. 16 Subd�,2� [LA1dD USf: PL;�I�tl7�11 t�nd Usc plan sha7.1 17 d, csiryhate �L-1�,e^c1�lstir�7 anct pceno�c^d�loc��kl.on,�intenYl.ty aiid 18 exti:i�t of use _of `?�_nd`:�t�d �raLer foru�V�t.•.icultural, 19 i'csidc;�tt<�1� -COiv�V.C�SCf...�,..yunduy.; rla].�.�id otl�er�pup ...My.,,,..,d a. - ' lic an zo nrSrit�c:r,c pu:-pores, ur. r<<�y cr:;ui;,l�tc�n of si,ct� -pu p ...�_........�,...__...,_.._...s..�......�. ,., .�.�.�.....�..._..�.._..._. �_..,.....«_..� r o sy s =�p 2�. ��Ild ll: pl�t:7 .;il<i�.l .150 COP.tiui.11 it �iGl:c?C�:iOTI G e? .....,..... .._.,.-.....,.�.......,.�.,,.,....�.....s......._.._...._... .,._,.....,_._....,.�.r....e,_.1 fi wi1C 1.,3... 2?.� appXe}�r!ute, ior h1: ..oA tc s�.tes ��r.d th� na�t.eYS J.i�ted i _v_,.......,.d.._ ..a....._4...._.......-_._,.ar_..,�.�..._ ,,,...._.... .,-.�T,........�....,...,......_..... � n 23 La��rs I975� •i��tpteY 1.>P Sert-ivn ?^ 24 y.W�una.. ,M[PUU),7C_.�Vx;Cli,li.?GS«pl:ltT7�) R p��h1lr, i�acs�i.tle�. M�wn+�w�... ....�� J 2`.� plan�sh<�tis.X�T,rNci�.ftM1c�.thc��cJ�',rc�cteiY., tµ_N..y:`on,�timin;,«��...�.__ , oc�t. 2� sequ+;icc, f.unc"ion, u�e ��nd,cap,:ejty�of. exfstin4 ��r�dY£u�:u2„n 27 P�?b�.ic ��jc3.li.tfes o� wt7� �.er�:l gctWer.'nr�erst_-�1�uniC� A pt�blic fa.cilities plan must- he in at least such detail as may be 2Q 29 3U 32 � 7. 3 9 5 6 7 � necessary to establish exisr_ii� or potential effect-s �n or de artures fi-om metropolitln systems plans and to Protect: metr.o.�ol.itzn s}�stems pl::ns. A p�tblZr. Xr1Ci 1StS�5 ;�lan s1�r.j11 cont��,ri aY, le,_i�h, Y.h � :±^ r..,._......._._..�_�..__�_......�,�_.....,._.._.__......,...__.�_.�_...._,.�_..._�. e�o 11 o�nomp.'r t� s q (a)y_A4t?`.:n��orw�;tNSon 1??��nf�desr.ri.bf;�qr�desi�n._�.ir,'�uand &chcociu!.tng t.ne l�cat!or�, er.tcsn',;� guttt:tiott and c��p�ciL � .. �..K.... �...� _.. . � Y o .� existinn ::nd proPosed loc�.l public uanc�r_ivate tran:;�ort�..ztion �e�_�rc�cc`smr.nd L^;ci].!_tiesy . (b) ;, cot;�i�:h:•r;ive .;c��,�r pl��n cie:c;.lbi.ng� Ci°,�il�fi7;itiS.1"SQ Mn�7 sche�aullnrwtllc`��..i.c�7,�te�br.^sce�ereci.Mb�� t�c� Puhl<r.�,��:�Yem= thc ex�s�it�c� �;nd pJ.annrd cr:.paci�ies oi t;�e pub.11c system� the stiandr��•d� r.nc3 cocidi.Y:ipns und^r tichich •�t�e inst�il)<;Lion o¢ pz'iv�,tie serrr.r s��;tcros t•��.LJ. br pe�iaitCed� .and to th^ �Xicitt �Tc{C:t�.Cii:)ZC'� t:�1C �ZT'Cc.� I10� ;llS.i.cll�.l,E �GX ��1.7:7�.'.[C OT {?:'S�'clt.0 systems ber.au�c^ �f publ.fc l�c�;],Chr saf�.ty aitd t;e�.i��re cansic?cr�,r,i.nns; 0 J' 1 f i � � , � � i, I � � g IO ll 12 �� 1 �� 15 „1 �;� .�t:l .1, < t�n, dr., 1 r�� t nq ��.y� A �,,lYl:. ._'.�cl r; � �� :''' r.,. _:. �tn .._:._......_. ...._...._».....--•-..� , ...._ .._ _..._ ....... (` � t' Y��T t.1�� 1`1'ci};c,sccl 1�.,. ):., nnd , .tt��3 �C}1Pt717� IIICr«t•)�......__ _... ._..........w ...... ............___.....n....._...-... rec��:t.i.�,n...�`„» �;,r,r.� ., ri,,SYti�ln..t�itifr..'urZsdtct:i:..°_��.., . ,,._....__....._.�..._.v-_.�._._,'..._,'i;Ti'i'i,"'10i; Y ��,is ] nn i.r,i�lement��ti.on I�OG� o S ii i� ci , n, [ Z} i i I, F. � - ...-.•--.�... ..7,.....-.... __.....__.y. �___.._.._.. ...�`. f i s c; l.L d c v i c e s �s n� i , •�,},; X��l�!.i.c ��1°c�G'T'.ir'�•" r _.. rJT...C.��1�77'i?1'il :��1«? 1 c.��i.�._.,......,...... .............�..._...._.........,..........,....._......�............._o... a . ... ..�........4......,.,�.._....._ :1 f � i: :'' fl � �. �: � C Ci 6 C Ci'•� �'. i i C �' ` i U ��lCc L:il � r.'"_'Il j, � . � .:......,.�.�......... . o� h e:- � � � t �. 4± c' �� V r_.....w._.._�... ., _, ro� �,�• � � .- tic i,� �,� nncl cn_ �rc c�nfrn_ �' !.v. Yn f � 1 ^ � r � ,. L h -.. _ .�.....v. . _ ..... ---. _ - --- - . tl_.. ._ :... _....._.,. ` r:.t.r��s 1.ans. An i_m�lc�mcnt<3rion�ro}.ram NwiLh metropol�t�t�� :; .-----1? -----------�— ----` -------____— ------ �uch cicYai.l as ��ay he necessary_ to must•be i.2� at ].e�^t — establish exi_st.ing_or_'�°tent_.i.rtl. effects on or dePartures -- `"— m,d tn Yotc�t metro;�nli.i � n from metr� oliTan systeins pl.ans �_.------ --------- ----�---------- --------_.� ! rit ir:,(>>:.r;�es�t.:_tor� �<�stem"--PI_anc ,.�. _......_._.w...�..�......r.,,.. _ . < �� .:t tl;�� '.ol.`o;•� �� pai.tSS �G !'I'C�� ..r� r'�� r 1 'C �tlt',:. ..�,....�.....•r..,....r....-.,.-...--w- ............ ..............�•.�....o ._...".."..�' �.._.. F ]. canCro?.: , addressSny ��t: 17 ( a) A ci�y; c i�i p t. S c�n��o V�G Y�_ 3, c t�� ._�,....._�.....A._,....._.d.._-��._.w�.,.�, •'• •••�••.• •, r ;C7�~rL>fiCi��'•j S.�.0:7� ii11t� pzivatr. se�;7CY - � Q i:11 G lii cl f�. S: (' N-.� ..,.� ,_,_7 0 S i tA..�.. �.�,......u.. .�,b.�.....,.v-...»--_G:._.a....,.,....e.... ..,...o. 1 e a ,'c `' ""'.°`"` .�...,.�.,P....,..,.�..... _ • • � �, r�:. t. S. o n r �i d o l�� t i o h r z�n�d ��nci 5chc�;�tl.c� i:ny^ �he p). �P ,m�.�,w.�..... 14 s y s L' c r�s �:.'.�..,�.....,.� `: ...K.�_ _.,.._...,-. ..m..._ ..�W ...._.r�...-�,.�.. .�,.d...,,...� ��..�,.....�. _...._� r . .:� .: :�+e " ` � ^ . .. �1, �... •-. n ry '� � °�. .; t. 7." �� ti ? (7 ^ U (' ; i � u C` 0 :l i : Ci �-.?-�:� �l- , . .,..o.. (.0 4�.��i. 1.t1. ...... sr.s.......�o�... ,+.. .c- . m��+ ��,� . . w..�+�,. / �, 7 1�'\' �-}}i4?-" 1_.,yS- }i't.( �r�rlt�'ti -C..-{f' . .'1:,. 21 ;;,.�;�`�;�....:._.,..._:4..� �.....�.... ..�.__� . ..y..._�,yry.� ..._..: ....,...�......,...._......,_,�..>.F._._. ,.e...._a, ;; -�,,.:. Nj. :'.tt- T� �,;» �.a � �. -. ., f. I.s;ti *u � .ttl-i"r.?J's'�- L .i 'Ffi . �:1� .. , : - �: .�" ....._...<.�..........,,.....,..,...,...... •»•p•..•'•-,.(�i)�A C�IP�.��;.1 {.1;'�n?'O\+C:1?CIi{::i pX'O:i1�1.1 fQY' t]Cc3T157UY'�3LS,OT1» 2 � ,y,.�.�....��..�� c'_.•�.: � �j , r, ��µ: n_._, n ; : ��c � s S C i. ], i, Y ,.,......,�9 _. _.� �..��.._.�......._ 2 Z S et� E:1 . r P�:Y �:...�...,.._._._._.:. __,._...:.�_...,.._ ,.._,�.�...�.....�..._� ,,,_ M._.,..��_'.._ �� Tt}c co�r,�>1et7enstve plans 25 Sttt.•�.i� 5e [Ui;I:•��.!;:i7i�'17Q;: I�REi, .......a..u_. .._�...,......_......n,.d._.._.......,... .w........_». ... F.'t � ) �'�� t1 i f' '.11 f t L�^ 11 �,1 5 ca : � ! ; t. �; `, , � � , � � � �� F . .�....� 1G Sli �' . i:`.;.... .. - .�..� .�..�....._.._......._., e., r,� it�� c�ni� ��. 1nr�evc�lc�nf.s nYO9ra.� 27 are�,�, �t;7c] .;h<.11. �:`;�c.,�_.�::.>_,�....._ ,..,...... ...�...r,�..._...� ,._....w...,...�,.....,...a...��. "'_" �`.`:,_..: .'y.._. `.��.. .. L � u�.;11. c f a c i I i C t � s a n<i �et.it�,�nc�' a� �'��:�ux i.oca f � ._...... 28 tiTle i.S.1�i'.ltcl �ticl.,�,-..__..,.,....a,.�.._,.......,_.,.w.:�...W..,,.......__.a._.n�_.,.__..,._.....r.....,....»_........ �....�......_.e,.,...a.. _....,�.: ........ �_ F. �[i h Y f t C`1 �] a. C O il C X U�. 5 �y h f. C yl 4; � i. �. 29 it t.h,. i.�..r�t �ment'ri'�.�:..?�.._��:�.�',�:..:�..,.....,.� :......... .......�V..___-�e_.�...__.-..-�__w..._...._..9. «.. �..�.,_........, _...., .r .._...,._ � � rl L3 7' b.� 1 � I'L l L" S 0 ft a r e� s 3� �., ��11+C�%`��...i.`.....lt)"'hK:'I`i;.7. :i+! 01: OC_:li,..�.._CI'1..�.. .-........._..........._ ...............� ....�.......-.«n n 31 aticl ir� <�cco�-��i:`'`...::::.C._n th�`..p..!an�... �.,........._._.......Y.��.....�[C-r , :c: ;n�� ; ;7:c��;idr:d ir� the 3'l Sr.r T?:1:> > t�•'.....�._.-_ .,.,_.._.....�._._._..�,._,._.,� �� : l 'l 3 � ti �,�i��s��hen: tve plans of hetrol,olit-�,n .;;��,c.e:��..:'t.'.�.M1r^rntr�r»..._.._..,.�._..,._...__. ....._.... ..�_.__...._...._.�.� _...:-.-..�.., :> .,n ci1:•icd in secti<�r� E� �cl �.IlC.itlr:(: Chc' ;:i1:Ctc`)' �= cl.rses s,h 11 ...�__�_...._....,.�.�...._..._ .................._....._.,_._..,__...._.._:�. ..........__......—_....._-._....._...._...�.._. _ �,�, ��, p: av 1 r:� r ci (9'Ut•%p`" ) Sul�cl'.�� t:. i ni� 1. I•:>:c 1' _._..__.. i>(�i.` � 1 Q • r •..»_......... _....-.»... _�......�....�.....-«...,.-�...........��.,.-... ' .t::Lc�nri:t' � cor,�nr�:hcnsf.vc� ri.,�n:. !i� Y.lir Inet��r�c,).!t.,,r�. '�.1�<:.�n:'_.._.__...�, __._.._.._...�......__....._....____._._....._.. ..._._.__...�._._ _.._..� �._. .._.... ;,, � �.f f t r, �l 1. n s e c t S c; n lS . b� .........._..-�,�._.?1:...'ll•�+�'��.:.__.�t�w.Mi�l-:t�l(-�t:�-•-•r �....._.....__•__.�...« �..................... t (i1'il.� 5 � � II �, i ' \ � � _ ' ' ' ' , ' ' � � _ � ' � � ' ' - ' r� I� c� �0 11 12 13 1ti 15 16 17 1K �s ?. 0 z �, 22 7. 3 2h ?. 5 z c� 27 ?. (3 ?. 9 30 32 .z Suhd .?. Ry i�eee•rihex_3�: ;- 7.9� i Al�ri.l. T, 1976 , c��i•h Yo��n within thc coiintic� �f: Anc�lca, C�rver, D�lcoCa, Sc�tt_ and �dashi.n toz�, atttltori_:red Co ]�lan �}at�t��nQ under Mini�e�ot:a StatuYes .197�E, Sccti�ns 46?.351 to �b7o3L4, c:�ttndcY_: f:::c{Y?��1.��:r, �h�l.J.�b�'..,resolut±.n ��°er!�ir.� ti:�he.ti`�M,r._it:Y,�i.)1 1�?^�.1�.`ti1`.:w�:he.co^P�ehen, ±:.�e.Plan iol'' j.'tw. jurtsdl.et,±.c�:�.�.��F----��c'�....:�:��;..'�.�4:a�.�,� �il..:.°_.v�h��]�1. specif�•��l�`:�� uant L'o n��rre��nt::�'F ti.�.'`.t:h, tvhe cous�ty�r:iCt�iii�ti�;hicty it��s��'u��tec, � py�E�art:' .°i ,!'K.s V,n}�t��nd azf.ic��..scont.l ols�»i�f.�',:1Yr...�h : P�Ct�i11'.1L'i.Ov� ,�,^.e,.�,y....,.�� .t.,��w�.c.n.Ll^....4AU� �l1C�C0UT1t�� ubci, 3v Tc;;�3s �.4;t�Sr: c:oun�t,�:�`??Sch h�ve._��dcE..Y�:d �.�.,�. _. vz.. _ ........�,.._....,..�...�_....�,�,........-.._�.. _.c„_. c�rn1,reher�:Mti.R-._...i�l�'µ;::.µµp�?lr.c.:z�le� tc.�..�n:e i:ot�.�n�sh��ll'_.L-n�Y.he ma>;imurnµeT:tE�nt, u��° cot�r�i:y p�cparaCw�n of t;he.tr cor,�prehensiva nlnns- a..�„w�.b...a.,. _..�..� ..�:... , ....� ..., s�� i� [C()Ut��rzr:s,? s;�r��;�vzs�.��n i. �co�,�r�t,��::ssyv� p�,�.fl5 ��0cru�'�t�S.e� sha}.I. c��Lri'.r� utµ),�:?tt the�fnZ?.n,vf'n:;t �.,�...�.,_.....,. «...»�.,.._....,a..._.a...,...�..,.....a,.,....�. _..., �`�.� tir:�.. �rt id.=��...:_' �.c�u��t6s cRn o.`._'lae!inep�n and�F�r:�:.c'� �� ciTlcl 11:VCN`l�y, ��...,.�S..Sl�(._m.��S.��GCiM3.11.,..�C'C1:�.U,..�p�,,,M,,,UUiitV�=�..v..��.....�r. � t� ,,...�. ^Z� t. uninc.°.:.,>nMN`.�.ec] t.^i ��'LMury..µJ�---thSQ��t•1��, countY► (b)�1, pl?1.K11c..�,�"1.1i?�f �s P.lar� .;�_'{.ci� s2�a1.1 1.nr_).n:.:A..�.�ll t�pp�r.cpzw.aYcFn�,tL�rS_.��,��.c�!.fiec3�in`sccCion II,ysuYadi.`�y:YWo�l 3� i n':�:::ci� n<�. �'..`. :::ns�y,µ'�°-�;t.� ��.� I�Y�A�ir� :...:.'r.:�,:�: c:esc.rt:.r�;.�r;r�� o� ..- exi;.::�j:.n`�..,:;nc?.M ��2'n;i�'��-r:`..j...:.:v�;ti`�w.�:`Yste ds,sG,osa1_si.Y.e:�<ind f�r.t].S.Y..�c�s; . F•••.•.,V,Y...(ClmjS[;•�1i��7.1C1^tf:fl�:ii4��.U7`1 I>Y<�CrYRP.1r..6.<....T.ipecii4ed in. s.ecr.io� g, _abdiv;_`t�n��.� St!bc3�. 2. Gar.Yi cc�u�lry olhiYr.YVth?.n Hennepit�.:+n:. Fr,r„sey �., .....r.......�.._..,.__...._.._......w..._.._._�.__ ... shr.,l],�I�fy�:t'�>r.' a�i'.h_ tihc�pry_tici}7�Y:1o��..v:nd ��tss�: tV'lI1C.=r.AiMr� � or ��n Cown kithin th^ coun`-, � toti�tn,�th�YCOraprchc�r:�S.veyrir:n f��_Y �....__�_�__.....�_...�..._-.. 2 k�izich fiai.ls i-,y t)�ce��?�i°-!�-3-3.�--1�J�/� Apri.]. i, 197G t�,t._�•.r� �c.tS-=:;_ - 3 4 5 reso?uCion�r_+}xMunnt to��c�c141on 10►..�.t!17c:tvislon 2 r_r,cl':Yh��ll pzc��R�1��T.+11 ox�nart hf^.+n1'Mt'l.Y�n1dc�l��t?+�.ed torir_�,ursU<<nt to secl:i�n �n�^sut,�llvi: ic.n 2�Y ' ' . � SLbd.�.�.^4...^�_,:�r.hMr_��i>>t:.'_�._ot1M�:�rRtl�,,ny}ic•��nr.P�-n�VindMR��msrY 7 :lia)1�P1'cpa1.�'`V.hJith...L1N�^+1��7; iVSc�.l;r,tSc>.�_nncl'riy: J,�Y.unce�of. t.h��. p L'o�r7�`L'hc cc�tnpl'ehet'1sS-vc p1n�Aiar cr,c_Ii _rot�inN�rr7Yt:h1n th� cc�unl_y � t�;,t •!'-_:r�:-:�-q-;r7 �uthc�ri.zr�l t:o ��] �i1 Nunrt�.:..Vp�t nt�c•_;oi'.„�Stat+.1L^.'..)..n7,} �- ticCtl.on� 9G7.�=51 , 10 k��5f?^3G4��:_'�L±11c1c.r ...:..��.�,{.��1...�...1...� ll SCCe 12e L•>C;lOUT� l)IS:f'fi:[C'Aip CAI'I`i'AJi If1F:_pVF'iiF:}�T � PROGRl1PI5.s Su��clivi�ion 1. 3V Jr�nuc�ry 1, z9;�O, 1979 each :;chool i� (i�. i �CS: :.�;j:��:.�.... j,�„,`.....e•'Cia.(, vC�'�,1M-�7r:-')�o>..,r7-'��:':�1 =�%..�.t.... ».:1{'-�•O�Ot�-_M?i� ' �r} a.t�ra a� de�i_ncci in G�ct:i�n_2., ^ubdi_visi_n ll., ' Msh:�11 prePy.rc�,nM3Wyuh:�ti�t_ta_.vt`,:YMineLreVn1S_tan cc�t.r:v:tl, �.�.,�.. 15 to�revleM�r pur�^:uant ta�ect3.on l�r. `?��p�.t«1.Jmptot'ere�ts , 16 pro�3ram� i.r�r-.•t�a.`»N;�Q, which shall incl.uc?e a descripti.on o{ ?�ye e�:isti.t�facilities, projected Poptil�ti.on and f_acility needs ' ancl obj ect-� ve..,._._.R._.....�.,.._e,.d.._....._.�..,........._..�.�._....J.�.�... .�_.s.._..._.�,..-.. i i 'G� �(:11:.''"�C. i` r� T. �`�� —� i; } S L al—i3 °E:{14 c� 'f1—U �.i S-(?f' 4+ I rrc -a f• _1� h;'. 1�% �`; �-L:'-�=�� ro ;osed nc�•T schoo'. sites , huildi; ,i ;S , and buil uin� � addi_tions �aith a cost of morc� thc.n $200,0�0 a1��c3 th.a.�.e�f.��ct_nf.�'Lhe�l?�nqY�'c�on ac93��cents�rt��o1 �9 c??�t:ricts r�t.�' .7fiec.,`ea_.:.�oc�� ; c�av.�°.,;_�r, enY?�._:�.t:n,..e..�'�� , !:� :ilihq� 7� f; :C:1 `ni:i'': !�. ti{...�.?'iC?. Sil: ).� ,SU}.>Ci:.,. S,tiS C_i?�� `1....';='1Tp':C�'. __ ..._...._......W ..,..�..� .,.._. ....��.,,..,..:,......�.�........-.....��..N..a.a...�.. _ ...a.>w... � Prc�irar�� --- 'tl �or revS.�.ti•r ��nd �ociinr_nt' to �h^ 5ra�,:.L ��'�'er;�i�?�r:tia� u:�it., 1y!.::c 22 S.�Z w}�ole o;. in parC v'tthin Ch� d�.si;ri.ct ��t )e�ast ninc �not;t?-;s ?.3 )�rtor to the submSssion af, the proqram ta the counc.S.l � Tlie 2a loca� yo��ez��ir^enta? un1CS sha.Ll revic�.�' Ch� i�ro�aran and 25 providc comr�:nts to the school dt:�trict:s �:nd the c�uncil 26 �:S.thln 90 days un Che co�^P�e1Y?illtiy of the pronram v;3.Ch the 27 proposcd cvanr•ehei�sive pl<ari ot thc: loc•�1 co��ernr�r_•nt�ol unit, _._...,._.._.__..._..._...........-._...cripiLnl._ini�rovrinc�n'L �_.:._.__...___M___...._..._�_ . �Q SUbd, 3. 'I'lie�T`T�-�71 <`�T:i� �'�"� ;Ti�T,�';Ubtn1C'..Cd to Chr, ,.�.�-_........ __........__.._.._.....v_..... - --......._.._....._......__._...�_._.._..�.___ 29 council akter consS.�icr�tioii bet t�ri.ore �S.nn1 <�pprovr�l h)• the :�0 c�ovcrnl»�t hoci7 oi thc district. 31 Si�l„)� •1. Cnr,it':;1 ac�{,rovciacnC ��roc�rr:,,s of :;rh�ol 3',�, di!�tt'SCt:: �fcl�pT.��<t ��r1��r t•.c� t.lic 1'�•��`iY�•ili'it1':', of :eCt.tr�1; I�n .. � � � t \ � ' � , , � ' > , ' ' � � � � , , 1 � > 1 2 3 � J 6 7 � � 1G 20 r.hrtll rc.r:,;t,i In'forrc__;u�ri efic_r.t`unC.it._,�r��^ridcd,wic��c.�J-r<l�. ..,__......_...._�._..__. ' )}•cic•, „at£ .+dn}?t��d i�uY ,U�.ttt to tCCL'lOn I CO pX ,"> U �'� C I' ., ;: ci (• �jr �' Y. ?_..__..,....._........_�...._._.�............•----___—•-°....._.........�..._.._...�............ ._......... I`^,-.^4{��c7 �'i1'Q�Ji'(al'�: :!1�;}' b: .if�;t��n�l tt` �(;;�ropriFltC „Ilci 11C4: 2 0��_,....�.._.__. ._. ._._...__ _.,.. __._._.__ .��-._...._..........._....� r• s—M n'" � 51 v n� t. o t 1 i e pront �m� [>1'n;�,7t_r�i �_i1,i...�dCtpt'Cd t�rlor .�o.�.t..._�...ub� i�_.....�......�..,.....,� .........,...,..."Of_....`'��f:�:�RS i_'(l'iXCt� :`N Si:Ci.S0715 1 i:0 ��r �:::��G{.11[i CUUTIGE�.r..,._, }� .,..._.�� .....__._...., ...........,, ................. .�_...,..e...._.............._.....�.............u...»... �' �.r,._..�::_._.._..i.._..��u�4�...°�..__inr.{�zt'.�. a:ola.o�aAn�! � ogrt�iir r��.�,' r: �� ;1 :7 _ r .�.. {+�-.tSo,�,.. J i�ec:..,..�,_';'� ��:� ..r:! ±.: �`; Ch.. �^ctircrenrs of. mc±d.i:.�::._.��_ .,...,,.;......._..._._____..._ _�.�. ._.� ..�....__.,....... ,::._,..,.m�.n.�.��_...��_a ..ecs=to�s � to y:'.0 _.Y : - " � ._,......-.__, .>_..,�..'._ �:�� Ci;;,,>�,;e)° 13� S�.ction 190 is am�ndcd ,e;:� l�o I�a•;;s 1 7. . L'c� leant 1� SC,Ce l9i �[/'71�I7"� fL'GU�'C7L P.1�',rj_f:!:; Cp'!Pi:E}if:1.SI`iL PLANS; .SS.tI��T4_DTSTR7CT__Cl�PITt1L I?•1nP.0�rl?*1r?,'.T PP.OGILAT.4S � s,�. � `. .,,,,,�-�- ';�<'ri:-.t°i,'�,:-,.. i.v�: iTy° ciif: -�i'�v`:.�;l.t,.,v.-.i_�G �^j':E:_ . ...1': , . �.� � s � 1^°.tr c. �_ y1 L:y � toz3 �� uE��.i<^ � i... o i. . . „r �,� S �1'.t��i r.• �n ;.,•� a ': ,1ii1GYT(:c:t-`. :�i. 1/� {a-�±i �; U?:'.::, .Yi =i y�:��.. :.. ..: i, �. �. o�.. .a � C"�t.. �°1. -l..i: ..C' �,ct '�.:��::.?�'i.'i7:. .:�.":. _.'r�_:J[:�.Y�f".., °1:�:i4.�.,'.aJ��rni��`�°Y'-.'I-'�Ci'1',.�7:•Ei:.JC!@.siy.l.i;i�'^✓'F '?'ti,l'`.r'�r ^;7;° ic'v-'i:°.:��.._.��r:bt{.. ,.i;., ;Ft:'° .:i:�'`°�: ..•:I-^4�.,.�+e...�...:i.�+rC: 3, U �.'j'�:: `a� . 1.1 . . . _.. " :il: ��31�>ct._ :_ii..,,.�lt��!Fr_..•�� .— �.. .i�.�_`.. ;t;`i�(.'?.;_""'f`.•f.`'�`�'��" �.:.c•^-�e t,,t�:�;;;l�ti: "y:l'� � .`� ,�. ;� �-' •� -�.+. .� , _S'.i...i°?.?;..�.J�:71 ';...^,:.. .�'.i....y:;�nc'1.1.m-�virni`{�t;:_:it`; f E;}'i�t..'V'c'L. .°'ti1 ` ..;�� ='r. ... . _ �� `G:S� �..,,�-...�.;.s,t.. �. ,,s,s,,. � � .. -<. ....�. � ..:�; . --': . .n.i; ��:.�;�i�..J.�:)v�; �"�;.�a. �'ii'� , ,. i. �t.9.,.� v,_,_ ..•ic:,• ....,..�.,. . �_�� ir�,. t, e'�: _ _ � `°'� �u � :� .•; ;? �� 'l� 2 :i 2G 27 2� 'l. 9 30 4r^' 1 +�,3� w�\ • 3:? C:'....� � �... .. ...� „ ,��. � ,,i�.. _ .. � .... �A'1-y'i':�� t�'i'i°�Si{J��tii'�';>::°2:':S: .! + j �1�� i L" '�.`. ..'i..� ..1�� r e - t � .,.,� -.:.:,..,,'.r: t .- � �.�,"-ib. ...'i;µfr.. ...iv ... � ...r.F.... yc..t ..�,.Z i:S'i .�-�'> a..,... .. ''C�: ....:-ti. ,.. . .. . , . ' ..o t,.� . _ ._,.`::.._.�_ .:._� � :.�..._ Ii1;` ...� c� 'i a1' �?,1� 5.��.=t. �e..��, . �C..�c�,...._ltc.�...{�.�..��?,...11. C....0 t�F.,......,�..�..�� .�_..,�....�.�,,,,t.C)P . �........1... C,._...... .��t..,. ... .` �. r..... .., x.... .�....�_~.�.......-. ...�...._,�•.....,.r_`.^....._.,.,.....,.�-.-�;--� _,T; ;,,. - M{Ni,�..�� ,. Y:,,_, ,.,.Ni `.-�c«�;�,r �,t:r�u?Y;:ci...tt:lc�m�t1hi13.t�.ed pulsu,:nt t,�...:.�,.::�"_infi::..�..t.�.._?U._c.i'._�'L?_',....e:r �`._:�'._ctet�>i.mS.nc..��ci1 c:otit��:�_f:b�..i11','"`�t'l�fiwt.�,c.�l� c>t�hc1' ��r;dRc^nrc'=��:�.<.t:a� with rn�lLOt�J1_).5�� fl_....:i..�.� ��.M...!,�_�nS..........�t.` .,rGUn_:`.'_'..:.:=`��.�..V..v.teti�:.._`�;nd cvint-�;1t:• c�s...�..;��^...•W4�(:w�.t_!`�:`....co.�..t.:.t:.`�t:CV _" :.��':.'C_t�].8ns �e+-ik:+ ii=�=-%=.�-....... 1+fth �?i:hc rF `:c'n�,;;�.ci c;�_��t_c�:., .of...t.)`�._f�etl'c�{�olj.ti�n :::"1p�t_c:_,�,;�c��L• ��uici��.......��}�..�_ca�.:.ci.l._n,.�`, r�•c�_i+rcMthc^re,o�;if.f.c_;tic':: M� :iT_:.. �'�1.111F_ ._.-: :U'�-� '.��...��:il S. I�It1;Y�'.iL ...u. ('il._l1PC �� I,I � . � . � -cu�mPit-:�-1�.lyi.-i� �•:t�t:?��„�1��•_:.`'ot;.t>�t'�'�i.,i..�.'r.�re^;�l:��o��._con��rm� Y t:i�— I ' ? v�ithyncLropolfYrin�y^lem. Pl.an�._� • ' Subct. ?_. 7'he c��unc:il sha]_J. revi.c�w t:hc caoital ir:pr�v�mc�nC �r�_r�of sehool cli.stri.cts eren�lr�d aild submitted t?rsu_}�it to tlli.s act to determinc tlleir com ati.hi].i.r.y caiY.h e�ch otl�cr ' � 1 - mentzl and with the comnr.ehens�.ve pl�n� of af�ected loca �,�vc�_n units and '�o_determir.c the:ir. confor.tni_.t.} wi.th metrapoliLan_system.s nlans. Tl�e_council may revie�o and coinmenr. on t?Ze ��-ent con°istency of the pro°rams wi.tti oLher aclopted chapters _�f the -,�, ,^-,Vc. co.._•..-.{p-,,�.� 0�4 t � <��.,s��.w. metropolitan devel.onment �;uicle• � The counci_1 may requi_re the modificat-ion of an ,Pr�_P,ram or_nart thereof to ensure con{or.mity with metropolitan syst., rns Plans . ; 3 Svbci6��-, t•tithih+90�d^ys�`.�11o.t1i:4 lcceiPtWof�a. co:nprehensive ...... , plan, of a local �overnment.al uni.t r_a��_ta,. ii:?��rnvcmeni: pxogram of_a school district or amendment thereto, pr.e�ared in accordance with seci.ions 1 . 5 to 20�of thi�^.ecl�rc,ti1? N CdlltlCi l, shail �weY.ur.nM� ,staYe�went 6 c:onY.alnl�nyuit: �co^�rnent.:��'ti��4 i"��.U:��1e�n�4{ f-�ir.atitons�tcs the 7 �.00�i1YqoE�e:�;met7fa16un:� of.��.ch^c�L--c�S.��iict� E1n mcdifa_c�ta.cn� r�.c�ired s11a11. b� Uv resolution of the n � �.>,� :� � � �� council, contai_ni_r.��; f_�.ndin�s of fact and final order. $ f�tti'�'i."S'�f.^,r'7'Y'i cZCi�Gf1 S71F.1�, f7L' ti?�1:C1'1 Z.}� i:f1V �O('.cl�. <TCV�Y11T�1Cll�:ii� ......u,�,..�,.,�....--•e--r.,....,,....,....�.......d �. unit or scl�ool district to place any such com»rehensive la �z 12 !3 1 �4 15 plan, capi_t.�l in1�r<�vemenl. pr.o�ram or �.Ili: llll�4f t°"L)�i"'E3iS:'i�,�:�.^'iitt'$i.^�.}.�:n4}Cu.-"i:•`.`_=,-�-1^ pat't Y.t�e�cox o.��°�cu ?��;:-a:��rt;e�ra:�^�i;��`�°'iis��"'.�cstfii�r•�� i:he cot�tlCi1 has�returneci thc the unSi. or c��.str;ct and unt'S.� the uni.t or sL a t. e m e n t t o ,�.�.,,,.,.......p...._...,......._.._......�...�_._......r..�,..�..�.......,..w._........ �..�.�. �__ �Y.r ed G;ociSficat7.ons i.» tl�c. d t s t i-1 c t h a� i n c o r. ,7 o r a Y e d � h e Y e c, u 1 Y .,._..r-_.�»��._..__w�..-_...._.�--..— pZ�,p .or prarr.,m � Pror;��.>L�Y <'�f.ter submissionl the courrcil ".,,_.._.Y.._..........�..,.. M.. shall. notlfy each c�.Ly� tiot�n, county► oT specJ.zl disLrict � 16 which naY Uc aEiec�ed UY t:he plans oi' prograt�s suh�nitted, cf , 1� L•he qcn^ral t�at'urc t�� thc•-;;-i:c,ri^P1��'�� ?r'pl o�l'�ltr,� � Chc d�te � 0 �.7 � 0 �� : ! � � i' � . . • . Iot suh�ni:,::ion, ancl t.he LlIC1li�LLy c�f thc sub�itiLtznt; uni-f. or clislri_ct.. 1 Pol.iLi.cal subclivisions cont-iy,uous to or•�aithi.n Lhe suUmittin�; uni.t or di:;t.ricL sl�all be i�otifi.ed in aIl c�ses. .—. — � L+)ithin 3Q days aftcr receipt of such noLicc any govcrnmenLal unit . or districr so not:if.icd or the local �,ovcrnmental unit or cii.strict: ' � submi.Lti.ng tlie plan ?.3 24 25 2G 27 or 1�r��;rr�� ,,,��, x�'c;��est �he council tn ccnduct a he<:;'ir,�1 �3t �ahicli+�h�' _sub�,�.+_Ctl.nc� �,�7iGpax disi:r.�ic�� ran� any other qovernr,�c:�Cal t�n1t or su}�divisS,on rnay present i.ts v1e�+sa The Counc3.7. r�a'I �j�ti�rl�'� �� medtatc and resel.ve dif.ferenc�s of opinian ��,hicl� e>:isL' a;io,�y Cl�c particS.C�a^`�s J.n the 1�earir�q 2G •r;S.th i e: Pf'cti Lo the plaatspa�M�roqr res subt�itted. Tt tYl(:hin �9 40 da��s the cotir.c�l : atls tin Cotnp} �tc its kTSI'.tiCll c�;:tcr��3L-s statemcnt 30 '��+-ci-a��*i:�:�'E�T�It:'ti��f�'�i' the p�ans oL Pa o�ra^s shall be cieemed ,_..,,. _._.. _.a,... �.�...e... 3� approved and may be p].aced into eff�:ct, -�:�'°-;'��r�'x' . .�•.� • �_�a.:^x`,-�::.+1�Rt�-_t:>--.�-^-';.-;;�--�`—t�_=n..; �.;:t-.^-UF-a-c:.c}�L:;��,r `..^�.=rL:-r �z ..�:-i-.-,.-.'^�+:-��.r ...�., ....�._.b ....._.....e �._......._ �---� a � 3 � ' ry � �. :. -<:'::?:-ac; * 0-�1-��-�>.rxa-�-l- �2'.�� F, i>1�i1.^--?-'-� 5-«�£.''i-`. ^-i:i-_ :aa-:xl-?.-�>(4---=� ti:: r.-�-n�!-c:--�Gl--: � ..t� d� ;.:x-�---}�'; a rr, T h e { y'L�_`.rii?tr':.'--�',-��'tT:: "_tYS--4:7ri: �. �J- COUi"tCa-•:-�7--1� � ", stat:emenL of the ccunci 1 sha1J. l,e ��rz9.�•:c:n �:;::,;�. .::;;�°-<..,:i-°.=isc,sr�r-�;s�u�,'...�.,.;:�:, filed with the plan oi the local government unit or the i�ro�ra�n of the school dl.strict at a11 places where the plan or vro�ram is required by law to Ue i:ept on file. Subd. 4. Any ma_jor. alterati.ons to the comprehensive p1�n of= local �overnmental unit or the capital i_mnrovement oro�;ram of a school district, and any amendr^ents to such a nlan or prn�r::m ��hi.ch may have a subsL�ntia7. im act on or contain a suhstant-ia]_ dep<<rLure f.rom L-he metroPolitan systems�?lans, shall bc submi.tted Lo and :�cted uPon by the council in the s�mc manner_ as t'1?e ori �in;�l �].mi or. pro�r:tm. , f, _.—L___ — 6 St�hd.�=i-:��.If a�Toc��l ��ovc?rni��:rtnt t;nitN�eC---��t-T�Qn!�- ' c3f-�s-`�.rfr.t fail: Lo �zdot�t a coml�rchcnsive t�lan or ' «......__....._.�_.__..._._.,..__._.__.__--......._....,..._..._.._.._. _...�._.._......__ i.f �:;ch��<�l dir;L'ri.ct: fai�).s eo nd<mt :i c,-�ni.t-nl -•--_____-. �._.,___-_.- •- itn�rov�•mc�n1::; �r��p�.rirn in accm-clnnci� wifh srct:ic�ns 1 to_2O c�f } " —_-----.. __�__1.--�----------- ---------.._ -------� --�.�_---. � � i. t � � . ' ' i _,_ . ' � ' r. , ' ' � r , , ' '. � , , � , 10 az 12 13 �g 15 16 17 18 19 20 21 22 23 24 25 26 2i 2B 29 30 31 32� 0 this act or if the council after a public hearinp by resolution finds that a plan . ��b a4 Q...�.�,: �5 c�+�qj�. �S �tc��ti . or proc7ram is .nat Sn contormitY'°�1'tt� netropolitan system � .�._._..�__....�.._..__...._....M��..�..._..�._._...._.. � plans and Lhe_locaJ. governmental unJ.t or aCh001 �SgLtSCt i does not adoPt a Plan or prne�ram ��ritri re�laZred modifications � .-...--. . a reason Ie-�:r,;c '..`°"".,.'" ._......_..v_......._�...._...._._.. wlthln��t-iT-- �_,._�_7 ...., � �, � �� „� a,.,, ;-ti,,;�t.,ythe z--• n .,,_.___._r�_.____---�i-cY.'i ._.___._,-. c�ouncil may comr�ence/jProceedinqs to�enPorce th�e provisions of secti.ons 1 to 20 0£ this acC bY €-��=��_�-�=""{"°��' ...r.�-_._. �._.._..._�-___._...�......r.,._.. ....... _._._...__ � -�at�?1-� ^-�� -a: ��-�r--r��hs�--�� -oL-H�e-�'�`E� P z o p 1' 1 a t e. 1 e q a 1 action in the dis�rS.ct coart where the loraJ. governnentai ...__,.._,_.�_.�._._ - -r--w--°�.�..._.�.___�__.__�_.._._._..----- unit or school dis�rict �s �.ocetedo . . �..r.. M =� _ .� =-�-�-�-a{a�r-= r .�..H � i� 2�e k € e � � o �-a-��- . . �-� *� , � . r _ � _ . � � .. M�S-e�-t�---Q:a-:.�ia ._._.._.�, �.�_.�.- =a�'_;,,,.�'"' ''a�`...._..,.�_..._..,.__��.._ a ,. � r � � � �. �,.. ".... . ,. - � _ '" .. . � . . .. �„�.�....�.�.............._....�.. ,.�,._.__.,_ .sr .__.�.,.._ .. .. ... _ , --a�^. .,.,� �, ��!'.e i a „-. «,� � •.�.y.....�, :-�'�r—± e'tr'=i-.. ,- , .. ... 4� f� n s = .'• � .. .. _ ± f� .. 7� ...�,.�—__ _ —_�,�,�� _' _ ..�.�..�...�..r.....�....��.��...�..............�..�...� ei `' ~-�-rr =a ; � �r� Sec, 14. tPLA17S ATID PftOGRF�MS F ADOPTION t AtdF:t7Di�tEldT �] Subdivision 1. Each locak governmental unit-c�r '°--��- __.,__��_._____�__,_---,_ ----____�---�- �..._......_._�.._..... �� shall adopt �ts comprehensive plan �^.�- and each school distri:ct shall adont its �capital imprnvements pro9ram witi� reauired modific�tions v:ithin_a Teasanable�tine fol?o;vinq receJ.Pt of the council�s statement ......_..._.,..._.�..._.. __.---._w_..._a.._.�._.._..,......_,.�...._--�-.--�_......___....___.......,�._.._ undel� sectSon 13. Subd. ?.�. �A�-e=..�:, _.__�..�_._.._--------�- ' _..Y.:.r___�--_:._.. � _ . ... t-s- Any major alterations to the comprehensive plan of a local �overnmental unit or the capital imyrovement program o.f- a school district and �ny amendments Lo such 1 pZan or pron..ram c�hich may have a substantiaJ. impact on or contlin a substantial dep�rture from the meCroPolit�m sy^Yecns P1�n�, sha).1 be pren:tled, at��l �S � � `.� . � ' � � � ' ' . ' �- � � � ' � 1 ' �a 1� %� 21 7.? 23 � 2 and adopL-ed &ubmittec ,tn the sane mannPr as the oriqinal planwor progr��m. . - --�—�_-.__._... . � 3 Sec. 15. [IFfPLEtfETdTATI0p1 OF PLANS,J Subdivision 1� � Each localogovernmental. unit shall_aciopt offScial cont:^ols ' 5 as described in �tis adopted comprehensive plan and sh311 ' -- - -- �-..�.._,r.....,._...-. __._._._..r,_._. _ . 6 subtnit copies�o{ the ofiicial controls to`the coi�ncil w�thin 7 30 days £o,�Zowing adopti.on thereo£� fbr information puzposes "--�--- �.,..�.�......Y._..._ r,..�._... __ ..._..�.,.,�.�__.__ B on1Y. . • � ""._.""'" • ..:. I 9 � � �� 12 I3 ln I. 5 16 17 After notification of the council a local��overnmental unit �`adopt of:ficial controls or fiscal devices or parts thereof ia anticipation of amendment to its comprehensive plan within a reasonable time if the controls ar devices are necessary to avoid tindue �iardshiu. . - ' ��- � �%C'*"I'2'��f' 1'... �x`'-i-�- cc�� E� i=�[-'-(a--f1'i'��"' }" c t � 'Lr�c�-.R.—_ ...........�.. - f..FF�r::fiL a . { • � t e• _ .-....w-- t t n � ^...... ._.e.�....._..._�..._ . .. ,. .. _... �r,t�� n �.�-.^-c�--_i�,,, ;,-..... ....-.. iLt��r}.�_c. n .� : t t •�.......w.... h �.. ; .....�...�...........�� .-._ .�.....�..s..._..,...., " �-t— . .n..>. �.......�.,.�.,....�....�...-..,..e. _._,.�...�_,e.�..,.._�.._....�.a..,.... �fj"F:t�}z��f s`-?--1'�"�. "�-cr= �,' S=!r�-6Lfi-:�- . .' .. . . r'FE�'�t^. 't-=-� 11 f• ... �C��;-�� ?-G . � t ..�... E- `• r� ', �' b 4 M �' ' 2 � f��_..-...........-. ta-� ..:..:.d,.�..... .:�....�..�_....�..::. ..:_.:�:.:.:_...... •- ,. �. �::�.�....:..»`-�t-�-R�.-�..,�-�'�;�;,�' �y,.�:�=--� r�--fl^_'.'�—r.=;. °-Y,-..-_..y..�`r� t�?.��-;-�-�--4 • � _�?��,;—, `-'-a {� '•�, ...F__:. ".'-�.. „�.,'—=,'-�=�:-�'-. . . , - ...._._.._---__ -- �' . c � . . .. . .-. . �� Subd. 2. No local p,overnmental unit shall adoot offici�,. contzols or fiscal devices or parts thereof that permit activity i� conflict w3.t-h metropolitan systems plans. iili�)C�e .�• ZZ �lh 0%�SCf.ilt C011{:Yfi�, 6nrnMnr, f�.rn.�.-f •.�-'(+i=o ... w.....__......,.__..�.�.,_..._,._..._-..�.�........�..........w......,.....,�...:.:....._w_�w,....... ,conflic�. ��:,Lth r,�r,��waf��,f'l�,c:��:Y?.v^�,w��}'`�n�`y.._L-he �es��).t: nf r.n aeiend^cy:;.ryrn L'h@Nj�1i3114_t'.�1C.UffiC,;M'�rC!311t`VJ1,:11�'.lw}JQ i.11Ql;ci.!.2M��:�j' t11L.`.U115.i: h',�(;jl�.:l it ).'Cc.`:Ull,:lti�?f ti{:1^ �t�1.).t�:'ltl�� i".il^ il;dhtl'�•1C E� , ° .J c� nt to the 1<'�;� ._�_..,_ nor�{=o'confT'icL_ .�..._..��.�_.,.._..,.,_,__�._,..__._.�.�M...�__�:.._....�........... so t;5./�.�---T �%=!+ra,---.��: uS.th t:he r.nencled c'or�;��r.hr.ns3ve nt,�i�� ..._..�...,....._ �.ti.._._�.....ww_�_..___._ ..._......_...�..._...._..__..�.__.�._...._�...._—_�__�_ 1.��^--�-t , � r � . , �.t i ,rJ-��-;.�=,• � � .. t �tj._t.� . I �i I � � � ' � ' � � � r ' � r r � �� c:a S �ci--s-2ac � ��, ��:� Gn,i�' ;.af:.�:L�:� ._ ._ _ ,. ...... _..Y._.� • ?.�k adv-?---a-•� ___°._......._....._...... '{ �� ,�_Y--rrr+�=--=,t:-r�ey:��-�'�:�.:.�--_._ "__. �,...��-�,i-;;a--<;<--�--=�=t�`"''_ � �rfi�.�...-..._.._._��._._.__ �,, ;,-t�c-�.-�•i-i�'- , . . .___..,..._..---...__.._ `� �r��`.�_�� r��'-'-�. ,.,..'° " f�� .��,�};;.,.��:.�i_:;..c•-:-• t_��-��_._. _._:.....�....._-----.__._°._. ��R z� r-�-�r ��___,_.,,_.___.._ ......_.......__.__ �-�f-�'�`�uk:::-�-��-�-! _.,,.._...._...._.. 27 �tc*`�-�-�'�`�*c�:-t-��^�';r° `�`}'�_��E�;._�:----�-�--• ��Y�`�._i;-�-�� ? Q c�e-{}:'�:;'�-e1-`.`�1-r- ?.-� - �-�''T'��"'�-��- �r' � . 2 g :�-�-y-�' . , � ° � c,�:;;t; � s s r.,�;,t� •� �� --- ' /�� ;,�i� ; r�;;; �.sr,,�ici�t xf. ts�t,r,:;i 3a ;;�c� ..t- �n�9 t�ro��i.�.ic: 3 l. 32 1 2 3 Q 5 6 7 8 � Thr. Cc�allcil. : h•,1 L,��r. r.r�,,. c� _�_.^_...-_�- �--__�-._ � :��bcli��i:,4ori 1:_�_.__.�.....------�..•-_.'...J��y:,1�n: rinri of.f��i'ti,.. ......_�_.,_....� � i ��c,�tr). 1,l.r,t, r� �_._._.__ ..___---- 1:;orY �ar:i.�rr1.,, __.��._..-...__._.. ac1�' y_�_ ....�.._ _••--^ ~ ---- -�_ '._._ l ^ unit or r v uest o£ a local governmen^ t�?_1l�,�-_ controlsr and on the re4+_.._...._.----^--�_"'"""-....'___.-. the �.��y_„^._.._..._. t o a c c o mP 1 i s h �„_,_.,.._..,______,,,,__.-.�--°-,.°.-ovide ��s�sCan�eA.r�.-�-__--..�.�.-.-----'--'"' schooi dis�ricC ma� P ,,_ctfons 1 to 20Q p trr p o sM e s o f��,,,,,, `__.._..r.---�-- c o n s u 1 t a t i. o n. v; i: t h (GRANTS� LOAT7S,�N�'�11°;ii�_J...�._---._..._..----� SUbde 2�, the COUriCil ,,..._--- committee, __,_„_..�.__---------r----� anQ reconmendation from the.�a�sorY_�_„_ disbUrsement .........r...-.----�-°---° Ff a r d , _ uniform procedUrt� for tl�e�___,,,,.,_.�.......- ---r--� s h a 1�. a dr° p, �.,,,_,,,_.,,_,,. _...-�_..._..._.,._..._._..... u n�� o r n I� T o c e d u r e� �� t ok grants and loans o?M�__r--�------^�"""`w"� an d r e p a Y � e n .�-..._.---^---�°� C h e a d v S. s o r y • ,,...._ _...-. __ -^--°�--'_""" •---------- �,...,,,w,_,,._.,.r----------......-----� shall include F�r�?�sions for�p��ieioati�n rants �na .....-...�---""""""'".., _....-.----^ _.�....e--�-°-� commitCee in the reviA�'r o�f ap��cat�°ns faz' Co�p1etl.on �,�..,,...�r..,_,._.,,�.��_._,.___ . and tiraelY ��„�,,,, _.,.�......, 7.oans� and ior ensuring satl��tHorYw�� - .,.._...--..�.---�..,...... .w f o r wn i c h � r an t s a r e ..,,,,e,.._...._....._. a c t i, v i C i e s ...__._.._----.�.... e c t s� 5 e T v J. c e 5 o I _,,,,,,,,,,_,,.....----...,,.... __.- o k �P � ° � ,r.,.,,_,_..�--..----°-�-~„°""°' mpplicarions �ar �1ran�s.and loans shall �e 2 a w a r c� e d. °.�"""""°'�.�..�..�------ { t e, i o x w h i c h .,...,,___..._�-�----�.e_._.-,�,..,.�..�...._. th E a C t� V_ 1 �.....- �_._,_,,,--....._-.""�.� the cour.cil �E:scribinhp��..,�,-.--.-- the a 5 u b m i ti' c e d ��....-�----°-^,.°.»""."""'v'..� �.h e n e r s o n s w h i c n , 9 id 11 1 l, 1� 1� �, 6 17 �, 8 19 20 21 22 _..-.,,.- �rY � o<� n f u n cl s w t J,�b�u s c�;.�-�.,_,r.,�...,._�....,.--«--�.. � anM�cs.�Y�_ �......- ��-°�°� �w�� to use in Periormin� tr�wgrant J o r b o r r o�r e r P �, a;� s_.r»�,_,,,_�.�---°---�^-...�._......� g o r Y c rYn � e e ,u,,..�.....,.,-.---- h w i.L �. b e p� i� b_ _.-------�°^ ^�' w h i c s e r v i c e s a n d a c t i v:t t i� s,�,_„_,a,_,___....�_...-.----_.__.�. -- c on t r a c t��P_„�,._„,---__ _ ,..,,,_,..._.r-_ the 9rantee or borro,^!reY 5 .- the 9x�nree or bor.rawer7 �_�..__------- -�-^,- 5 o t i� ^ ; tu n d.> o�...,..o--...-.-�-"""'..._....�--°--� �.m r a r. t s e z' v�!. c e } a n d ,� �._.....-..--- o r c o t� 4_ ..-�..--.__.. - n Q e d a t� c1 a h]. i�� Y k�r� a Y_�,_,,,L�n --_...----^-----""'"_ re�tuest� Gr�nCs ��^�~�� e council maY re�lsonahlyM��...-._ _.. --�- in P o z m a C J. o n a 5 C h �,__.r.,,r,.__,,,r..----_--� u e e n t n° �----__�__,,..�.__,_.�.-.----- s U b�� C o c o n t r a c t s b e t�� ....., ��__�__��.... a^ d�lo��sn_al.1 b� made....�.-- and s eci�Y�n9 the use and th� recinien� P _�_._...-..--.-_�.�..- �ouncil _,,,__,,,,,_,,.__.,__...�.,_.... " oans, the teTms and �� r the �un��nd, f or 1�_r.,,___...._-------__-^ d i s b U T s e m e n,.y� r,_„_,_,...__.. ---^--""""".. w^.,�'"""_'.�_- , and other 7opraPriate�m�tter�_. conditions of reva5nentr�..M.^.-----^-- - ...�---- __-------' 23 r� ' .i � � � ,, 0 � In makin��rants and loans, the council�shall base its decisions on the recipi_ent's demonst�'ated need and available financial resoti_-. � 24 Subd, 3� [GRANTS,) Grants sha11 not exceed 75 nercent� � 25 of the tota� costs and expensesyoi�the project,�servire or 26 act�v!t5� for which a grant is a^rardeci, ��i;?-�—s:� � 27 .. . _ . :;—��:T--�ti-�==:��t�-2-�=z==��--a:�c�—�r• ��e 2 8 —i�#-ri-a=s�-1 � . • ._..._._..-...�..........�....�__.. 29 Subd, 4. [L�AP75'3 Loans made by khe councJ,l sha11 � ..�._�. .._.�.��.�_�._.��.__� 3 0 e�-t�—�:. i� j-: :-cey _ 9 c � a;: _ .. _ . .. . . . ^ � '— -�,-,Y'�,� ' 31 '��.-.�=si-r-r�-i—�,�-�-;�°r�rN3�`°—�-�==r-�+�s--cn-:��e��.,�`�-�-x-r=-�=�--z "____, ___._` = _._::,.=:.1 • 3 2 -'vE�t.iY iT ��-'rl-e-�.;---•—,t:�-C�'?'�-°��`-- .r „ • •t�c�_�-Z I __.�._._.___�_.r.��....._.._.._...__.r...._ _.._J, , � ' ' ' � 1 0 I � ' � w 1 2 3 � 5 6 7 8 9 l. 0 11 I2 a� 24 15 be payable on such terms and conditions as the council determines appropriate provided that no loan shall carry an interest rate nor be for a term in �xcess of �ive yea.se Funds received in paym2nt of ].oa�s ...._._._ .._._.._.._.M.�.e _ ._......—.,...�..._�....w..._.._....,...,...._....��..r._....�_»_ shall. be usedY�or addytion�l�oans�or �rants und�er this sect5.on, ..�........�._... �� - Sec� .,,�'. [EXxGNSIOtdaJ A�ocaJ qovernmental unit or schooZ district r:�aY by resolution re9u�s��that the council �'XR:011d the tSr�e �'or fu).; i� Line� t;�e re9UlxCfneRCs of sections 1 i.o ?Qq A re��.�es� fe�r cxi:ensien sha�l be accompanied by a dascx�.£t��ioi� of the ac�ivtti2s p�evious?y under'take7 by a loc;a�, qovern*lental�u:�it ar schoo],�districc�in i:ulfillnent o^ the reru! re;aent.s of secttons � to 2U, and �p CXpi�7�li:�bi1 of th�re,asonswneces;�it:3tinguand ju�tityinq the reouest��U�on a L•lnding of exce�tiona). cir�urnstances or undue hardsh{p, the councll r�iaY, in i.�s cttscretiion, 9ran� hy reso?ut�on a — _._._._._..P.�.._...�._,.....�..._�.�_w..._...�.�..._._.�...._..,..�._._�_...._ ._,_..._. request fo't e;ctension a��d may att�ich re�sonaolc requii•er:.ents ....._.._.._._��..... _..._.___._._....�..v..�.�.....�_.�......__ _._.._....._.r........�. or condittons to the extenslon, 1� � \ � � � i � ' ' � ' � �� 1 �� i � � , 16 17 18 19 20 `�• Sec� �-9'p (JUDICIAi, REVIEia,J AnY locaJ, qoVernmenta� unit, seh�o.l district' or ott�er person an4rieved by a finax «._._...._..._._. ori3er��----.._......_._..._..._.____.._....._ _.r.. rouncil�%a4i:-r{n� pursuanC to section 13 may app?,ii the co�ncil `�o'"�rc er,_,..._...r..__._......._._..�m__._......_,._�_.._._.......,,�...._.w_..__._.__...____.______ �a-�.� pUlsuan� to Idinnesota Statutesr ,Sec'�ions 15�042�'.p 15.0425 anel 15,O�i?.6 iar eontes�eci cases, ihe covncZ]., unit, 2!. dis�rict or oCher person aq9rievcd bY �� final order ox z2 jucl�lment rendered on appeal to the distric� court r•�ay appeal 23 therefrom to tihe supreme r.ourt in the nanner provided in 7h CSVA1 actions, ,. 1, � � �s, .� ...�.- _ ...� �.w �t�/1:ia.ive;'' �'�1/S%G7icrt (�F�[r ��fs:e) /E'VY l+Ahr�' rntr�, /� +� ?.5 Sec, 7-�. [EXEt4PTI0Td I'ROtd I,EYY LIi•1ITS.] taatc.:thstandin, _ 26 tih�p�v.9.sions�o� i�ii�nesn�:a SC�tute�, 5ections ,2�7�;�50�to � 27 275�5G or an�• o�her la�°�, rule, �enu.J.ation, ord!na7ce or 28 char�:�i� Provistc�n�tn t.ri�e�conc�a:Yr��riY localM9ove�r,nen��1 29 unit or scllool disc�ict may einnu�?.ly l,ev� any amount 30 necessary to comPly wf�h ihe previsions af sections 1 to 20, : f.:....�_.. __._.,._-- - -._...e...._,.........,,._._�_.a._.._....._.......__.._.._��_...�.�._.._�. 31 Sec,�, (4innesota Statutes 1974> Sectfon �02.355, is - 32 ame�ded by addZnn a subdivision to read; I SUbd. .e (IJdTERIM ORpINAId��e? IE a municfpalfty is 2 Conduc�ing or 1n qood faith intends to conduct studies 3 t�lthin a rea�onah.le titae or has held or has scheduled a 4 hcarinq for the purposu of con�idering adoption or a�endment 5 oi a cqnpxch�nsive p�.an or offici�il r.ontrols as �iefined Sn 6 sec�Son 2 o=�thi� act od SE ne:�territorywfor^ U:hich`�--� ' pl� �s � not _ ....__....._ �_ 7 o1r contzoJ.s�have�U"��n adot?fied is�nneY.ed �o �wmun�r,�,nality, B the c�overnSn� bo�Y of the munictc�ality nay adapt an interim 9 otdSnance apa],ie�b.le 'to a11 or Pai`tMof S.ts jurlsdl�cLion for 10 11 the pUrpose of protecting tt��. plunning process and th� heaJ.th, sGf.�ty �ndr,�elra:e�o� tts c'tir.ens,r 1nY�in�e:cim 12 ordi�nance maY regulate, rest-tet or prohibit any use a,�ol -_.-...�..,..___�.�....�......,.._..............._—.,.--.............-.....,...,.__.r_...._.�__.ti,-..,. — 13 deYeloprent �ai.thSn the ju*i.sdiction for a period not to ..._.._� �,,,_____..____.__._._....__.____._...r.__r�_._......._._.�_�.._,_____.. �� exceed one year from the datc i.t 1s created� and may be _........__».__..r.._............ .,.._......�.,.�--.-.._._..._..... __....... 15 renewed for ohe ��dditional year� . ._.v._.._._.__._. �' ......._..-��__.__.._..._.... ,. 16 Sec, L'Lo This act �pplles to the counties of I,noka, , 17 Carv�r, Dakot�, Nennepin; Jt;-:msey, 5c�tt �nd Washingto�, _��__ _ �___�_�._ .�_,_________�_____ 18 5ec� =2:;, [k:F'FE:CTTV'r. DATE,) This act is ef.fective on 19 the daY f�l.l��vinn its f.ina?. en,irtr�rnt. , __....�_._.___.._._._�..r..._./� .�__._.__ , t ' ' RF,SOI,U'1'I0�1 N0. A itt:�OLIJ'I'ION 0121)I:}:I:NG PRI:LI�TIIN�I�Y PI,1�'vS, S1'I:CII�ICA'1']GNS, AND �S'I'Ih'lAT'1:S OF TI;}: CU�`I'S T}I)�I�1:0}�: S'I'REE`I' IT9P120V�MENT PROJ�CT ST. 1975-1, AllDI�NDUM #2 }3±; IT Pl:S0I,1�t;T), by tlie Ci_t:y Cottnci.l of thc Cit�r of r.ri.uley as folloti��s: ' l. `l']�at i.t ap��ears in i:he interest:s o:C the City a�:cl cf the property a��ar.ers affectecl tliat tliere be constxuctr:d certai_n ir:iproverncnts, to-�ait: Street improvements, including grading, stabilized base, hot-mix bituminous mat, concrete cur.l� and gutter, storm sewer system, water and sanitary sewer services, and other facilities located as follows: Outlot C,(Industrial 13oulevard) Great Nort:�er.n Industrial Center, Fridley Plat; the same being located in the South z of Section 22, T-30, R-24. 2. That tY�e Pub19.c �'�'ozl;s Direci:or, Iticliard Sobi.ech., City Hall, Fridley, AS;�I, is hereb,y a.uthorized a��d direct:ed to dra��r tlie preliminary plans and specifi- ca�ior,s and to iabulaLe ti�c rc�sults of l�is esci�nafes of tlle costs o£ sai.d im�roveme�Its, i�icluding every item oC cost f'ro�n inception to co�upletio�i � and al.l fees and exl�enses incuxred (o�° to be a_ncurred) in coilnecti.on clle�e- t,tith, or 'the �`inancing thereof, and -La mal:e a pre].iminaa�y repor.t af his findialgs, statins; th�rein �t-hethe,- saicl in�pxovements arc feasiblc a�id ��het:he.r they can t?c:�t be made a.s p��opose.c?, or in connection ti��ith some ottler i�17��rovemen-Ys (a��d the cstir��ated cosj.: as recor�mendc�cl), i�icluc:li�lg alsc� a descrip�:iori t�f the J.a».ds o�° are.ca as rn�y receive beneiits tliex�ei.ram anci as mc�y be propose:�' to be <,s ;e,ssed. 3. `lhai: sa:id. preliminaxy xepoi�i of the i�z��:i_�:eer sha11 be furnis):ed to tl:e City Counci l. � /`.IYJ1'TL'-D 13Y '1'1i1: CI'I'Y COU1�'CII. OF T11L' CITY OI' FP.II)LI:1' '1'I]IS DAY OF , 19'15 , r�n��oj; - n�r�r�s��: c:i�� ci.�:i;►: - rTniiv�n c. }��iutis�:i.L WILLIAM J. NEE � �J � � � � RESOLUTION N0. A RF;SOLU'fION R�CEIVING THF. PRELIMI:NARY RFPOR'T AND RECEIVING PETITION TO WAIVE A PUI3LIC HERRING ON TIiE T4AT"I'ER OF TEI� CONSTRUCTION OF CERTAIN IASPROVLi�iLI�TS: STREL'T Ii�iPROVEhi�N'I' PROJECT ST. 1975-1, ADDENDUM #2 � WHEREAS, the construction of certain improvements is deemed to be in the interest of the City of Fridley and the property owners affected thereby,. ' BE IT RESOLVL'•D, by the City Council of the City of Fridley, as follows: , 1. 'I7iat th^ preliminary report submitted by the C_ity Engineer is liereby received ancl accep �ed . ' � 2. That the City Clerk shall act to ascertain the name and address of the owner of each parcel of land directly affected or within the area of lands as may be proposed to be assessed for said improvements, and calculate estimates of assessments as may be be proposed relative thereto against each of said lands. 3. That the area proposed. to be assessed for said improvements and , � each of them as noted in said Petition are all the lands and areas as noted in said. Petition. All of the same to be � assessed proportionately according to the benefi�s received. � 'J � ' , ' 4. That the esti.mates of assessmen.ts of the Clerk sha.11 bea.vailable for inspectian to th.e owner of any parcel of land as may be affected thereby. 5. That all property otiiners whose property �s liable to be assessed taith the riaking a£ the improveme��ts have signed a Petition attactied hereto requesti.ng the improvements and constitute 1000 of tl�e prope�ty t��vners who will benefit from the improvement and do waive the right to a publ:ic hear�.ng which is allowed under the normal procedures set forth in Mizinesota Statutes Chapter 429. ADOPTED BY TfIE CITY COUNCIL OF THE CITY OI= FRIDLEY 1'f-lIS DAY OF ATTEST: 1975. CI1'Y CLERK - MARVZN C. BRllNSI:LL MAYOR - tiVILLIAM J. N�E 0 l0 1 � ' ' ' ' , ' PETTTI�N FOR 5TREET T�2PROVE;�NT FI2IDLEY, I'��I�.�7IVESOTA To the City Councii o� Fri.dley, Nii�zne�ota: W�, TFIE U��DERSIGNLD, b�i�zg �h� proper.ty a�lners of the following d�scribed p�•oper�y in: G1�AT l�QP`s'I��T.:l�I �1�7DUSZ'�I�',.L C�b�TE12-F�:IDZ.t�Y PLA�T hereby petition that s-L-re�t a..ra�ravemeiz�� consisting of concrete curb and gutter and 'A71't.t'iTi17.7iUU� sur£ace }�e �rov�_de.d by the City to that portion cf OUTLOT G abut�ing L�ts 3, 4, 5 and 6, Block 7 and Lot 2, B1oc1, 8. ��e unc3.erstand that �th.c cost of said stiePt im�rovement wi11 be ' assessec� against thr pr�viously described �enefited iaro��rties as outlined in ��ainnesot� S�ai.u�ces Chapter 429.00. , Cn7e �lso unders��n�3 th«t it is impass�.ble to give an accurat� estima�c oi �,�ha�� iz� str_cet imnrov�ment will cast, but that based on trxe Pxelimin.ar�= Assevsz:lent Rt�I.l-Stre�t Irinrovement Project ' St. 1975-1 a1�d St. 197�s�� {i�':St�.a) �,s i-t �.��l�.�s �o OutloLs �'� G� and ai of th� Gr��,� Iv�ortilern Tn�ustri.al Cent�r P1.awP it is estima�ed th�t tne improvenl�i7t cost �ri ZI. k�e $ 2 0. 2 9 per r�znninc� f�on�� £oot . ��le the urader�igneci beinq 1.�0 � of the �rai��rty at�.�ers ra�a taili benefit �ronl the street a.r�provemcnt he��by 4oai.v�: the �ight to a publ�.c Iaearir�g iox t�ze imr��:av�m�rat t��hxch is a�,lotiaed und�r the normal p��ceclur�s s�t �or-�h �.n Min.raesota Sf.�.�utes Ch�.pter 429. IN L�TITN�,SS C�r�i� .P-.�;�F, th.e part�.es h�rc��a have set their hands this 24th day of I�larch, 1975. IN THL PR�SENCE OF: A.S TO LO�� 2, BLOCK 8: BURLINGTON NORTHERiV INC. � � �, By CI�-�L��c!� _ �� ). � � _ ice Pres,�c��`nt i� t� �f •i� /�' �i� � ' / ,-).. /- �� .� - _:' , _ . <,� . �`Y �-�.�, � . ' �,' AS TO LOTS 3, 4, 5 and 6, BLOCK ?: GT� 5YLVANIA INCORPORI�TED �_'� (�� gY � �' �r: : ,-----c�'`� ��• L �"r�. �.�,!�.,,-.._.. S��yior Uice President �rt l l0A CITY OF FRIDLEY PETITIUN COVER SHEET ��a� `� > lC�.-`. �/�i�'��' Petition No. 5�1975 Date Received April 22, 1975 — object Propert owners in the Great Northern Industrial Center - Fridley Plat, request street improvements consisting of concrete curb and gutter, and bituminous surface for Outlot C abuttinq Lots 3,_4, 5 and 6, Block 7, r and Lot 2, Block 8, Petition Checked By Date Percent Signing Referred to City Council Disposition 0 � , f., C� � � � �J PETITION FOR STREET ZMPROVE�IENT FRTDLEY, MINNE50TA To the City Council of Fridley, Niinnesota: T�FE, THE UNDERSIGNED, being the property owners of the foll.Qwing described property in: GREAT NORTHERN TNDU5TRIAL CENTER-FRIDLEY PLAT hereby petition that street improvements consisting of concrete ' curb and gutter and bituminous surface be provided by the City to that partion of OUTLOT C abutting Lots 3, 4, 5 and 6, Bl.ock 7 and Lot 2, Block 8. ' , � We understand that the cost of said street impravemerrt will be assessed against the previously described benefited properties as outlined in Minnesota Statutes Chapter 429.00. We also understand that it is impossible to give an accurate estimate of what the street improvement will cost, but that based on the Preliminary Assessment Roll-Street Improvement Project St. 1975-1 and St. 1975-Z (1�iSA5) as it applies to Outlots E, G, and H of the Great Nortiiern Tndustrial Center Plat, it is esti�nated that the improvement cost will be $20.29 per running front foot. We the undersigned being 1000 of the property o�rmers who will , benefit trom the street improvement hereby wai.ve the right to a public hearing for the improvement which is allowed under the normal procedures set forth in Mix�nesota Statutes Chapter 429. ' ' � ' IN WITNESS WHEREOF, the parties hereto have set their hands this 24th day of March, 1975. IN THE pRESENCE OF: ��i �� • � � �i�._,.. � _ � i � ,%��'` -��'"-� �� x ��- ,, " c;' :_�- _ �r � ; .. � ' � AS TO LOT 2, BLOCK 8: BURLINGTON NORTHERN INC. By ice Pres' e t .- AS TO LOTS 3, 4, 5 and 6, BLOCK 7: GTE SYLVANIA INCORPORA.TED By � : � `':,.� � �-,_..�.. `� '� % • � C+.. ��,.L,,.� _ Genior Vice President ' ' RESOLUTION N0. ' A RESOLUTION ORDLRING Ib1PROVEMENT AND FINAL PLANS AND SPECIFICATIONS AND �STIMATES 01� TIIE COS'TS TIfEREOF: S'TREET Ib1PR0VEMENT PROJECT S1'. 1975-1, ADDENDUM #2 ' LJ ' , ' ' ' WH�I2EAS, Resoluti.on No. adopted on the day of , 1975 by the City Council, received a petition to waive the public hearing on the proposed. improvements, as specifically noted in the Petition attached hereto for reference;and 14HEREAS, all of the property owners whose property is liable to be assessed with tlle making of t11e improvements (as noted on said Petition) have signed the attached Petition requesting the improve- ments and constitute 100% of the property owners who will benefit from the impiovement and do waive the right to a public hearing which is allowed under the normal procedures set forth in Minnesota Statutes Chapter 429. NOW, TH�REI�ORE, BE IT RESOLVED, by the Council of the City of Fridley, Anoka County, D4innesota as follows: 1. That the following impro»ements proposed by Council Resolution No. are hereby ordered to be effected and completed as soon as reasonably possiUle, to-wit: . Street improvements, including gradin.g, stabilized base, hot-mix ' bituminous mat, concrete curb and gutter, storm sewer system, water and sanitary sewer services, and other facilities located as follows: � 1 ' ' ' , " ' ' ' Outl�t C(Industri_al Boulevard), Great Northern Industrial Center, Fridley Plat; the same being located in the Sauth ? of Sectian 22, T-30, R-24. ?. That work to be performed under this project may be performed under one or. more contra.c.ts as may be deemed advisable upon receipt of bids. s. That Richard N. Sobiech, Public 1Vorks Director is hereby designated as the En�ineer for this improvement. He shall prepare final plans and specifications for the making of such improvement. ADOPTED BY TI1E CITY C011NCIL Or THE CITY OF I'RIDLEY THIS DAY OF A'I'TEST: 1975. City Clerk - Marvin C. Brunscll. Mayor - ti9illiam J. Nee � , LJ � � RESOLUTION fJO. A RESOLUTION ORDERING IMPf20VEME�iT, APPROVAL OF PLANS AND ORDERING ADVERTISEME�T FOR BIDS: STREET IMPROVEf�1ENT PROJ�CT ST. 1975-1, ADDENDUM # 2 WHEREAS, Petition No. dated requests improvements, as specifically noted in the Petition attached hereto for reference; and ' bJHEREAS, all property owners whose property is liable to be assessed with the making of the in�provements (�s noted on said Petition) have signed the attached Petition requesting the improvements and constitute , � 100% of the property ou�ners who will benefit from the improvement and do waive the right to a public hearing which is allowed under the normal procedures sei forth in Minnesota Statutes Chapter 429. ' NOW, THEREFORE, BE IT RESOLVED, by the Council of the City of Fridley, Anoka Caunty, Minneso�;a as follows: ' l. That the following improvements are hereby ordered to be effected and completed as soon as reasonably possible, to-w�it: , Street improvements,.including grading, stabilized base, not-mix bituminous mat, concrete curb and gutter, storm sewer system, water and sanitary sewer services, and other facilities located as follows: ' ' � C , i ' � r- I U , Outlot C(Industrial Boulevard), Great Northern Industrial Center, Fridley Plat; the same being located in the South 2 of Section 22, T-30, R-24. That the work involved in said improvement as listed above shall here- after be designated as Street Improvement Project St. 1975-1, Addendum #2. . 2. The plans and specifications prepared by the Public Works Director for such improvements �rid each of them, pursuarit to the Council resoluiions heretofore adopted:,a cop� of which plans and specifi- cations are hereto attached and made a part hereof, are hereby approved and sh�ll be filed vaith tf�e City Clerk. 3. The t,rork to be performed under STREET IMPROVEME(�T PROJECT ST. 1975-1, ADDENDUM #2 shall be performed under one contract. The Public Works Director shall accordingly prepare and cause to be inserted in the official newspaper advertisements for bids upon the making of such �improvements under such approved plans and specifications. ADOPTED QY THE CITY COUNCTL OF THE CITY OF FRIDLEY THIS DAY OF , 1975. ATTEST: CITY CLERK - MARVIN C. BRUNSELL MAYOR - WILLIAM J. NEE � Resolution lV � A RESOLUTION OPPOSING ADOPTION OF SUBDIVISION D THAT AMENL�S MTNNESOTA STATUTES 1974 28A.09 AS INDICATED IN HOUSE FILE 1T69 WHEREAS, the City of Fridley Council has reviewed House File 1169 which amends Minnesota Statutes 1974 28A.09 by the addition of Subdivisian D, and, WHEREAS, Chapter 111 of the Fridley City Code authorizes the •• inspection and licensing of vending machines wi�hin the corporate Ziznits of the City, and, WHEREAS, Minnesota Statute 1975 28A.09, Subdivision D, would prevent �. the City of Fridley from licensing and collectinq fees from certain vending machines within our corporate limits, and, WHEREAS, this amendment authorizes duplication af services already provided by the City of Fridley. _ NOW THEREFqRE, BE IT RESOLVED, that the City Council of the City of. Fridley opposes adoption of Subdivision D that aznends Minnesota Statute 1974 28A.09 as indicated in House File 1169. PASSED AND ADOPTED BY TiiE FRIDLEY CITY COUNCIL TirIIS �' /^'� DAY OF ' , 1975. ATTEST: ' CITY CLERK - Marvin C. Brunsell I ' ' MAYOR - William J. Nee MEMO T0: NASIM QURESHI, CITY MAN/�GER, AND C1�'Y COUNCIL FROM: MARVIN aRUNSELL, ASSISTANT CITY MANAGER/FINANCE DIRECTOR SUBJECT: RESOLUTIONS SPLITTING SPECIAL ASSESSMENTS FOR THE APRIL 21, 1975 AGENDA DATE: APRIL 16, 1975 All Resolutions splitting special assessments on the April 21, 1975 Agenda have previously been approved by the City Council and have been recorded at Anoka County. We are now requesting that the special assessments be spl�t. MCB ps � ' ' � �ESOLUTIO� N0. 1975 �3 A A RESOLUTION AUTHORIZIf�G AND DIRECTING THE SPLITTTNG OF SPECIAL ASSESSP-1ENTS QN PARCELS 3050 AND 3130, UfdPLATTED SECTION 11 WHEREAS, certain special assessments have been levied with respect to certain land and sai� land has subsequently been subdivided. NOW, THEREFORE, BE I7 RESOLVED as follows: That the assessments levied against the following described parcels to-wit: Parcels 3050 and 3180, Section 11, may and shall be apportioned and divided as follows: Original Parcels Fund Ori�inal Amount Parcel 3050, Section 11 Reg. SA � Paid W #34 Paid SS #102 4,491.34 St. 1973-1 1,009.02 SS #102 269.01 Parcel 3180, Section 11 Reg. SA Paid W #34 Paid SW �93 6,552.00 St. 1970-4 17,842.50 SS #102 15,303.19 St. 1973-1 4,948.30 SS #102 1,111.59 • �51,526.95 Division of Parcels Approved Fund Oric�inal Amount �Parcel 3180, Section 11 Reg. SA � Paid W #34 Paid SW �93 2,100.00 St. 1970-4 7,850.70 SS #102 8,367.19 S5 #102 696.15 ?arcel 3190, Section 11 Reg. SA Pai� W #34 Paid SW #93 4,452.00 St. 1970-4 9,991.80 SS #102 11,427.34 St. 1973-1 5,957.32 SS #102 684. �45 51,526.95 , ,�DOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS I OF __ 1975. I � ��TTEST: ' �:,ITY CLERK - P�arvin C. arunsell MAYOR - t�ILLIAM J. �dEE DAY RESCLUTION N0. 1975 A RESOLUTIO�f AUTHORIZING AND DIRECTING THE SPLITTING OF SPECIAL ASSESSiNENTS ON I�ART OF LOT 23, PARCEL 2800, RUDI�OR'S SUa. #22 AND PLATTING INTO HEATHER HILLS 2ND IJHEREAS, certain special assessments have been levied with respect to certain land ��nd said land has subsequently been subdivided. VOGJ, THEREFORE, BE IT RESOLVED as follows: �fhat the assessments levied against the following described parcel to-wit: I�art af Lot 23, Parcel 2800, Aud. Sub. #22, may and shall be apportioned and ��ivided as follows: � . i)ric�inal Parcels Fund Ori inal Amount !�arcel 2800, Aud. Sub. #22 Reg. SA � Paid 'Jivisian of Parcel Approved Parcel 2800, Aud. Sub. �22 Heather Hills Secord l�d�. Lots 1-�0, Blk 1 Lot l, Blk 2, Lot 2, Blk 2, Lot 3, 61k 2 SW&SS #106 Fund Reg. SA Reg. SA Reg. SA SW&SS #106 Reg. SA SW&SS #106 Reg. SA o S1�i�SS #106 ADOPTED BY THE CITY CQJNCIL OF THE CITY OF FRIDLEY THIS OF 1975. ATTEST: CITY CLERK - Marvin C. arunsell 770.00 770.00 Original Amount $ Paid Paid Paid 100.00 Paid 274.00 Paid 396.00 770.00 MAYOR - WILLIAP�i J. NEE DAY 14 ' , ' , ' . � RESOLUTION N0. - 1975 A RESOLUTION AUTHORI7_ING AND DIRECTING THE SPLITTING OF SPECIAL ASSESSMENTS ON PARCEL 2400, SECTION 11 WHEREAS, certain special assessments have been levied with respect to certain land and said land has subsequently been subdivided. NOW, THEREFORE, BE IT RESOLVED as follows: That the assessments levied against the fo11o��ring described parcel, to-wit: Parcel 2400, Secti�n ll, may and shall�be apportioned and divided as follows: Ori�inal Parcel Fund Original Amount Parcel 2400, Section 11 (Exempt Property--Unity Hospital) Division of Parcel Aaproved Parcel 2400, Section 11 , , (Remains Exempt Property--Unity �i0$�1 td� � • ' ' ' � Parcel 2401, Section 11 (Taxable Prop�rty) Regular SA SW #24 W #34 SS #24 SW #48-A (Sewer) SW #48-A (Water) SS #53 ST. 1962-2 ST. 1965-1 Fund Regular SA SW #24� W #34 SS #24 SW #48-A (Sewer) SW #48-A (Water) SS #53 ST. 1962-Z ST. 1965-1 Regular SA SW #24 W #34 SS #24 SW #4�-A (Sewer) SW #48-A (Water) SS #53 ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS , 1975. '! � ATTES7: ' CITY CLERK Marvin C. Brunsell $ 1,160.46 2,284.38 Paid 11,675.72 17,312.01 6,184.16 2,202.80 Paid . 2,902.75 43,722.28 Original Amount $ 835.53 1,644.75 Paid 8,406.52 12,854.37 4,924.55 720.02 Paid 2,902.75 $ 324.93 639.63 Paid 3,269.20 4,457.64 1,259.61 1,482.78 43,722.28 DAY OF MAYOR William J. Nee ' L.IST OF LICF�ISES 70 BE IIPPROVED QY THE CITY COUNCIL AT TI1E P4EETIP�G OF APRIL 21 , 19 �]] I' "YPE OF LICENSES BY APPROVED BY FEE ' CARNIVAL Holiday Village North Gold Eag1e Amusements Public Safety Director � 225.00 '?.50 57th Avenue Dates: �Y1ay 2- 11 , 1975 Fridley ' f'OOD EST�,BLISN��ENT & ON SALE QEER f�ri-�ley Firemen's Relief Assc. sponsoring: Public Safety Director Non- ' Fridley Invitational Softball 7ournament Profit Commons Park 61st & 7th.Street NE � ' Dates: June 20 - 22, 1975 ' � � , ' . � � ., . ' ' . ' ' ' . ESTIMAT�S FOR CITY COUNCIL CONSIDERA�'ION - APRIL 21, 1975 A. J. Chromy Construction Cornpany 5051 West 215th Street Lakeville, Minnesota 55044 PARTIAL Estimate No. 10 For Sanitar,y Sewer, Water & Storm Sewer Improvement Project No. 114 Comstock & Davis, Inc. 1446 County Road "J" Minneapolis, Minnesota 55432 For the furnishing of resident inspecti.on and Resident supervision for the staking out of the following: PARTIAL Estimate No. 5 for Sanitary Sewer Improvement Proje�t No. 113 from March 3 through March 29, 1975 PARTIAL Estimate No. 4 for Water, Sanitary Sewer & Storm Sewer Improvement Project No. 116 from March 3 through March 29, 1975 Weaver, Talle & Herrick 6279 University Avenue N. E. Fridle,y, Niinnesota 55432 For Services Ren.dered for March, 1975 $ 4,568.30 $ 129.71 $ 682.53 $ 2,273.00 m• � � 18A. � , Apr.i1 15, 1975 � Cit of FridZey � , March Retainer $1,000.00 ' Council Meetinqs 21 hours Staff Meetings 5 hours � Conferences with Administration F hours Cit_zens Inyuiries 1 hour Locke Lake Lega1 Description 3 hours � Kesearch on Pending Assessments 2 hours Research and Memos Re: Liquor Licenses 6.hours Special Improvement Project 1 hour Re: A.J. Chromy ' Answer - District Court Rc: 3 hours American Cast Iron Pire Ce. vs. B& B Excavating and �'i ty � Petition Subsequent to Torrens Registration ' 3 hatzrs Re: FZorence Swanson Recordinq Agreerlent Re: Wa.Z.i Corporation 2 hours ' l�lemorandum and Research Re: 4 hours Acquisition of Pond - I�arris Lake Storm Sewer Project #1114 2 hours Miscellazzeous Lega1 Research 5 houz�s ' 66 hours Hours in ExceGS of 30 @$35.00 1,155.00 ' Secretarial A1J_owance . Z00.00 � EXPENSES ADVANCED: . Clerk of District Court .Z8.00 Re: Swanson ' TQTAL : $2,273.00 , VCH � � . � . ' . � �,_.. _ _ __,. _ _ �.w ..., a _ _ _�._. .,_ ��_ � . . .. _ ... y . .r , ._�a�_._. _.�w� � G000 WE.ST fJ;C)ORE LAKF DRIV[�, FRIDi_�Y, MIiVN�SOTA 55432 ��5(af)-6100 , A.pril 10, 1975 • ' � 1 , City Council City of Fridley � � ' 6431 University Avenue N. E. Fridley, Minnesota 55432 ' Dear City Council Members: � District 14 wil.l be issuing coniracts for the installation ' of fuel oil storage tanks ai the Frialey Junior High 5chool, Senior High School, Parkview Eleme�ztary and Rice Creek Elementary on April 15, 1975. ' The Board respect£ully requests the Counci�. to wai�Te the heatin� inspection permits for these installati.ons. ' Sincerely, , �.��-"�'i.=:..�::�,fi� � �c,./ I `��1G�- L�'-^ ` � � Mary Schreiner ' C?erk, Board of Education ' /hj ' ' ' ' � _ Dh. JOHN K, H. • S;UPCRINII:NUI:NT . �^ JAiJiI_.S N. HEDF "�� UIRECT(�it � � CUSINE-S AFFAIRS � � �ar,n�s r,. r�Ar�r�ns AUPAINIS�fNAiIVE ASSISiANI ' , 1 ' ' ' , �t OF TRA.yspn J y�� , ��. ` Z �s�n' a a z � , , �s FGS�7lFS OF P� . OFFICE OF THE SECRETARY OF TRANSPORTATION Honorable �Villiam H. Nee Alayor of Fridley Fridley, Minnesota 55432 Dear Mayor Nee: WASHINGTON, U.C. 20590 APr? 1 6 ?975 The Department of Transportation has been vitally concerned with the problems of transportation noise and the means by which they may be mitigated. We have been apprised of the unique arrangements which your city has made with the Burlington Northern in the design and construction of their new Northtown classification yard. We are impressed by the steps taken to reach mutually satisfactory noise provisions for the yard. We are hopeful that o�her cities and other railroads will be able to reach similar accommodations. ' To facilitate this possibility, the Department of Transportation is presently negotiating with the Burlington Northern to permit us to make tests of the effectiveness of the Northtown noise barriers as erected and variations thereto. ' ' ' �11 , Upon completion of the test, a full report will be prepared and widely disseminated to the public and other railroads. We envision the report to encompass the technical details of the barrier construction, their noise attenuation performance, and the arrangements between the railroad and adjacent political jurisdictions which prompted the installation of the barriers and the other noise reduction equipment. I am �ariting today to confirm our telephone conversation of April 15, to apprise you of our plans and to seek your cooperation in the test program to achieve a true evaluation of the beneficial effects of the barriers which have been erected by the Burlington Northern. We will need to operate test cars through group retarder number 3 in a controlled series of runs to properly evaluate the benefits being yielded by the barriers. Tests u�ould be run only during daylight hours and cvould be short in ' duration, 15 minutes of noisy operations two to three times per day over a two-three week period. We expect to cammence testing by the end of T4ay and in no event w�uld the testing �o beyond July l. Some tests would be run with the barriers do�vn and with lo�oer barriers than are now in ' place on retarder number 3. Other tests would be conducted with longer and higher barxiers on the test retarder. ' , � .,,� t._.. ,. �, .., ..� _, _ _ ".-.. - `.. _ � ...�,_. ��_ �-1 �_ �._-� -�., _ _._. �______ �__�.�._ �_ .r - _ . � .. - . ,�.„ _ .. ... .....,.--.. _ f � ,_ �� ..�- ,--. , � . ,- _ . . �: � � .�- , _.. _ - ��_ " _." �`_ _./� � _. � .. _... _.� � T . �.,! ... � ., - � - ,, � �„i• _�...� � ' � � � ' Because of the non-standard conditions required for the tests, it is probable that the noise levels generated by the test cars on retarder number 3 will be higher than are presently being generated. It is possible, therefore, that the tests would generate higher noise levels than are specified in the current Fridley noise provisions. We cannot determine a priori that such exceedances will be evident to the residents, but at the same time we cannot be fully assured that such wi11 not occur. In order to insure the acquisition of the needed data and the subse�uent adoption of this technology in other locations experiencing re-�arder yard noise problems, we seek your endorsement of the tests and cooperation with us in conveying the technical and socio-political findings to others. The benefits that may derive for other railroad neighbors warrant the small inconvenience which may be experienced by your constztuents and we therefore seek your assistance to facilitate these tests. We would be willing to work with you in publicizing the program Iocally to insure public understanding and to gain acceptance of the tests. We would also want to document the municipal participation in the original accommodation process and in the testing to demonstrate the feasibility of reaching accommodation on excessive noise generated by othex retarder yards across the country. We sincerely hope that your progressive outlook on the problems of making transportation compatible with community expectations will permit you to endorse the tests outlined above. Sincerely, ,f � �f�'� t'�``%'��' W. H. Close � Acting Director Office of Noise Abatement ; __ _-- .r. �..,, _ . . ._. : . _._ _.� _ �_ _:__, ..� __ ... , ,. .__:. . __. _.___. �.._ _��_...._ �. CITY OF FRIQLEY M E M 0 R A N D U M TQ: NASIM M. QURESHI, CITY r1ANAGER, AND CITY COUNCIl. FROM: MARVIN C. BRUNSELL, ASST. CITY MGR./FIN. DIR. SUBJECT: REQUEST OF JAP9ES GEORGE - TRI-CC). BUILDERS, INC. FOR REDUCTION OF SPECIAL ASSESS�IENTS ON LOTS 33, 34, 35, AND 36, BLOCK A, RIVERVIEW HEIGHTS ADDITION DATE: APRIL 18, 1975 Mr. George is asking for a reduction of the spec�al assessments on the lots in question. His reasoning is that he was not allowed to build on a fifty foot lot. He is combining four, twenty-five foot lots to make one building site. When the sewer and water latera� assessments were levied in this area, part of the cost was distributed on a building site basis. There are a total of two building site. charges assessed against the four, twenty-five foot lots in question. The original assessment for on�'building site was $561.55. After the 1975 taxes are paid, there 4v�11 be a balance of $348.52 per building site. There will be $94.8Q on the 1975 taxes for Qn� building site charge. The Council recently granted a similar type request to another property owner in the same general area, As far as I know, that was one of the first requests of such type granted in the City. MCS:sh � .. .�,,� �_.�._,�. �, �,.,.� _ _ _,.-. �t-...-.. .`t� _.. ,:�_:�._ .. w � �. ._-. .,t�_ �-" -�-- � --.� �_.. .... ` _. � ,. , � .. ,� . _�_ � �. __ , ,- ..�r � ... f ,- -_-' .,_� _. ,� _� . _„ _ . _._ __ __.. . � . � � _ _ , � .�, f � _ _..I . __ :_ . � � , �. . .✓` .�- � , � ss�yy . . . �, . ', . . ' �.....,* ' �J � ' ' � 1 , ' TRI-CO. BUILDERS, INC. 7555 x�5bJ VAN BUREN N.E. - FRIDLEY, MlNNESOTA 55432 PHONE (612) �3��2T ��.?_'j-6250 April 18, 1975 lh� City Council Cit;� of Fridley 0:+31 University Ave. r�.�'. Fridle;;r, I�linnesota, 55432 �iear Sirs: �,�° a-!°e l�ro��esi-±g ta build ? single fa.mil3T resi_dence on ic�� 33� 34� 35, �nd 36, �loc't I�, River�Tie�a �ieights. �'_�e�e are t�ao build_ir�� site c?�:�.r�es against ihis ;:�ron�rty. '::e a.re requ<<s �in� that one of -these char{;es be droppedo �:re Yesnes �,��plied ior a varianc� on I,o-ts 33 and 3�,. a,nd ti-�as refusedo I� i t is the contention of the City- Council t�at the �.bove �. lot;; are only usuable as one building si�e, th�n �>>c j��ill b� izsino onl�l one building site haok-up, �n�r°�'ore, �:;e feel tha.� jae shcula not be ch�.rg�:d for a dcuble hoa��--up. �.r�le figures in cu�.�tion Uh�.11 be cor.�ing iro:: �%our £inancial director and �,�e ZaoL?ld sug;;�st that i-t oe credited a;;ainst the remaining a,sscss�ents due on the �,ba�,re proper-t�To In�.nr�=ou for E;ivin� this ;��.tter �-our e:risi_de-r�tiono Si��cerely, J�G: d�; TRI-CC BUII.D;';� �, IiiC. .�� Ju.???°S �o �2CI'r � � riT2£:,SUS@I' �A f f � .,, ....._ �....y � -.�: -. `+�.-_ '�. �..- "g �'�:�:.'-1, ti.._..�._ .'�.-"v-'-.... .".`-.:��.., ., v-'�.-1.,�_ -... '�._ �i_ _ . � ....,.�_ �.._..�_.�.._. L.. v., __. __ -..._. -��1 �, ..- �_- ��.... ........ � ✓ ' ...�..-.-." 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